North Carolina Newspapers

A blu eroaa mark hara khm that your aubacrlp tiaa ta a yuar be hind and that your paper will bm atop pad onlaaa roil maka payraant. XTaT MOUNT AIRY, NORTH CAROLINA, THURSDAY, MARCH 11, 1900 NO. J4 NESTOR BOUND OVER TO COURT TO AWAIT TRIAL Required to Give a $3,000 Bond for his Appearance at Next Term of Court, Charged with Killing Wm. Johnson on February 9. Sheriff Haynes brought Harvey Nester back from Tennessee last Friday and the preliminary hear ing was before Esq. T. B. Mc Cargp Saturday evening. Much interest has developed in the case and a hard fight will be made to clear him. Attorneys Wj F. Car ter, V. E. Holcomb and L L. Harkrader have been employed to defend and Mr. John Folger will aid the Solicitor. It is cur rently reported that Nester to have been married the following the killing and been to get some liquor for was day had the wedding feast when he happened to pass by the saw mill and the disturbance followed. After the hearing before the magistrate's court Nester was allowed to give bond in the sum of three thous and dollars, and, while the bond has not yet been made, it will be, so we are told. In the mean time, Nester is being guarded here in Mt. Airy. The bond will have to be approved by a Sludge and some days may elapse before the case is finally disposed of. A number of witnesses were here but only two or three were examined and below we give the testimony as i t was written down, in short form, by the Mag istrate. - State vs. Ilarvey Nestor. Wit- coming on to Re heard Walter Reynolds, being duly sworn, de poses and says: I remember day Wm. Johnson was killed, Feb. Uth, 1909, at the mill of Johnson and Miller in Surry County. I went 1 3 mill that day, got there about 11 o'clock A. M. I found Mr. Miller, Mr. Johnson, J. E. Childress, David Thrower. Charlie Thrower and Jimmie Reynolds there. j They were sober when I got to the mill. I first saw Harvey Nestor going through the fence at Cleve Millers, I did not speak to him. That was before 1 got to the mill. I saw him between there and the mill at a distance in front of me. I saw him at the mill. He came up between 1:00 2:00 o'clock. There was no one with him. He came and called out Pave Thrower and left. They were goneear half hour. He came Lack to the mill with Char lie Thrower, David Thrower and Cephas Lewis. He got off his horse and took a fruit can he had in a sack and sat it down near some lumber. He had whiskey in the can. Cephas Lewis had a pint bottle with about 3 gills whis key in it. He, Nestor, had a drink or two, he looked like, when he came down there. The crowd ate dinner there. Nestor ate out of Lewis' basket. I drank some of the liquor. Mr. Johnson drank some. Mr. Miller, Lewis, Chil dress, David Thrower, Charlie Thrower all drank some. I saw 1. u tsnm mere, lie aia not drink any. I drank with Nestor so did Johnson. All were feeling their liquor. Nestor was drinking right smart. He was nothing like drunk, John son was the drunkest one there. Johnson staggered when he walk- Johnson was standing out on tue log yard. Nestor got on his horse to leave when Nestor went to where Johnson was I was a bout 20 steps of them, Nestor got on his horse to leave, Johnson got hold of the biidle. Nestor got down off his horse Johnson walk ed up to him and laid his arms a round him with his knife open. Cephus Lewis told Nestor to get away that he was up against a knife. Nestor started with John son after him with his knife open, telling him he would cut him in two if he ever got in reach of him. Nestor crossed the branch. I went on told (him) to get away that he was going to get hurt I got in front of him and he, Nes tor, came after me telling John son not to follow him. I saw Johnson walking. He was stag gering a little. Nestor offered to malie friends with Johnson. Nestor was standing about 12 feet from Johnson offered to shake hands with Johnson, John son says I'll come and I'll kill you if ever I get to you. Nestor walk ed some few steps further I did n't measure the distance and stopped. When he stopped I told him, Nestor to come on and get on his horse and he was stooped over as if trying to vomit 1 told him to come on. He mumbled something I did not hear. At that time Nestor had his back turned to me, face in direction Johnson was coming from. Then I said you stay there and I walk ed off about three steps from him. Just about the time l was walking the third step I heard the pistol fire and as I turned a round he shot the second shot, and Johnson was still coming on him with his knife open, and when he shot the third shot he threw him to the ground. Mr. T. L. Brim was the first man that got to Johnson after he fell. There was no one nearer to Nes tor than I at the time of the shooting. After Johnson fell it was about two minutes before Mr. T. L. Brim came up. I showed Mr. Brim where Nestor was standing when he fired. It was near a persimon tree. I did not meas ure the distance between the per-1 was lyiU. I did not go back to where the body was lying. Af ter the shots Nestor got on his horse and rode off. I saw him next day. I left standing at Will Lawson's stable about one quar ter mile from his home. Nestor did not go back to Johnsons body where it was lying. I went back to place where he was shot on Sunday after the shooting. I noticed where John son carried his watch--in his breast pocket in his shirt on the left side. When I went back I found the parts of a watch. They were lying at the spot where he fell. I found the stem and ring. I did not find anything else there. Cross Examined. The trouble took place at John son and Millers mill. Johnson was the man who was killed. I had been there about 2 hours I saw liquor there before, Jim Childress had it I had not seen anybody drinking at that time. Good many people were about the mill. When Nestor rode down to a lumber pack and took a sack off his horse with something in it and set it down. He went then into the crowd where Johnson and all were. It was somewhere between ten and fifteen minutes I saw Cephus Lewis with liquor. He kept it in his pocket, did not 3ee anybody drink any of his. There was no disturbance as I saw before Nestor went to leave. The first talk of drink Mr. John son started it. He told Harvey Nestor to bring his liquor out. Nestor remarked as long as he had any his friends should have it He went and brought his liquor out and all had a drink including the deceased, and then Nestor sat down and ate dinner with Cephas, Lewis. They drank and wasted together about 3 pints. I poured the last in. bottle and gave it to Nestor when he started to leave. I was in the crowd and saw Johnson and Nestor all the time Nestor was there. There was no trouble between Johnson and Nestor up to that time. Nestor had no words with any one that I heard up to that time. Nestor got his horse to go home Johnson got his (Nestors) horse by the bridle with the left hand and swungon. Nestor told him to turn his horse loose he wanted to go home. Johnson said nothing until Nestor got off his horse then hugged him (Nestor.) They were on the opposite side of the horse. Cephus Lewis told Nes tor to get away, etc. I was on the opposite side of the horse and did not see the hugging. Nestor had made one or two steps and Johnson was after him with his knife. Nestor was walking back wards, Johnson following with knife out The horse was across the branch. Charlie Thrower got the horse. I did not see him attempt to get on the horse but once and that was the beginning when he did get on. He had gon backwards something over 100 yds. before Nestor offered John son his hand. Nestor had nearly got to the place where he did the shooting when I saw him take out his pis tol the first time. I was there at the place until Nestor backed off a piece and then I saw John son gaining on him and I went on to get Nestor away,, Johnson was gaining on Nestor. At that time Wnc.nroo n, ,a UU1I1IOU11 V0 Johnson going towards him. il rot in front of Nestor. He still ! kept coming walking sorter side-1 Uf9c .f TAkn.n ,.,t.nn,gi..nm;nn ' on too, I got in front of Nestor pretty soon after he began to back away and Johnson to follow. Nestor warns Johnson not to follow him. Johnson says noth ing but kept coming. Nestor stopped at end of about 100 yds. ana offered Johnson his hand. Nestor told Johnson to come and make friends with him, that he was not mad with him. Johnson told him that he would come and would kill him if he ever got to him. Johnson wa3 coming on Nestor with his knife open. John aim wu in armiir 9f foot tf Joe tor when he offered him his hand, j I was still to.the front of Nestor and trying l"i get him away. A bout this time Nestors horse was about 6 or 8 feet above him, to his rear. Charlie Thrower had j the horse. , I Nestor was b4king in direc- j tion tyf M; jiAft;,' i Pwaqv) vas' 1oMowhjkW,4C I 5 or 6 feet of horse when he shot still facing the deceased. I did not see the first shot, saw the second shot Second shot did not stop Johnson from advancing. When Nestor shot the third time he was in about 20 feet of John son. Chariie Thrower carried horse up there, never heard Nes tor say anything abcut carrying horse there. If he took his pis tol out while advancing I did not see it until just before the shoot- oot- i ink' i was at his back but in dir-i. wtion hp win harWinir I Mr. TL. Brim was down about him all letters, and to carefully the mill vhen the shooting took j read all his postale before ailow-place-about 200 yds. away. The ; ing him to see them ..j am con. place where the shooting oc- fi i f f . curredwasin an old log road. ! fident h ffme one very dear to woods on both sides. The horse j nie 13 dead. said Johnson to his was standing crosswiae of the nurse. road. Nestor shot in about 5 or j Mr. Johnson's condition has 6 feet of horse while Johnson, been such that it has been thought was following him with knife; inadvisable to tell him of the re- PVhen Johnson fell I walked off !cent fir in which his brother down the road, went to Mr. Chil-i Walter G. Johnson, was burned dress' about a mile away. I j to death in his home at "North went back and went in the shack east," Powhatan county. "I feel wnere jonnson was. ne jonn was. tie jonn- every ' body " but :Sm suffering: ! Seemed to be in great agony. ' i Redirect Examination. Nestor had got about 50 yards from where he and Johnson commenced the fuss before I overtook them. Re-cross. The way f aimed to explain that when Johnson began to fuss with Nestor at the horse. Signed Walter Reynolds. Dr. J. T. Smith, being duly sworn deposes and says: I saw him him at 8:30 p. m. the evening of the shooting. He was suffering some, but not in region where he was shot Suffering from shock. He was not thor oughly conscious. During the time I staid he became more con scious. I examined him. He had a wound in abdomen to the left side. He asked who shot him Someone replied Nestor. He said I do not know what in the hell he was shooting me for that he had not done anything to him. This is all the statement he made to me about the shooting, the rest was about his suffering. He lived two days and two nights from time I saw him. Died from hemoridns and peritonitis Jresult ing from the gun shot wound. It was a punctured wound, three inches to the left of the median line of the abdomen about 3 in ches below the line of naval. The ball ranged downward and to the right and into the right leg, judg ing from range of ball, punctur ed the bladder lodging near the juncture of the leg and body. (Dr. R. S. Martin, Dr. Moyer Martin and Dr. J. J. Leake assis ted in postmortem examination.) Council for defendant objects to any statements made by the (Signed)' J. Thos. Smith. M. D. T. L. Brim, being duly sworn deposes and says: I was out on mill yard when shooting occurred. I first went to where the boys were holding Cleve Miller. Cephus Lewis, one of the Throwers and Walter Rey nolds. I heard the gun shot then I looked up the road and saw Johnson, the deceased, lying on thelbank of the road. I made in- J . . m .. quVies a"a f " ,nT ; and went to Johnson. Miller and Walter Reynolds went with me. Deceased was lying on his side, ouiea . 1 u- V j Kiuie, nothing in his hand ; HM K I n-m t I i4irl v uy 1 uiu nut sec any ttmrirr in hia hanH T ?,w",s rflc"- enaa"1 cou" cil object to any statement made by deceased) I asked him what was the matter. He said Jim Childress had shot him. He said that five or six times. Walter Reynolds was there. It was some time before I knew who had shot him. I inquired who shot him. (Defendants council objects to any conversation between wit ness and deceased in absence of defendant) Walter Reynolds asked deceased several times if he was certain Jim Childress shot him. He answered yes. It was 'en or fifteen minutes after I reached deceased before I could find out who shot him. Walter Reynolds showed me where Har vey Nestor stood when he shot deceased. It was some 20 feet or more, I stepped it from where he said he made his first shot arid it w? - 10 steps. Deceased was 6 ceTt Jrrrtt SI' a d;i5nt fane) to Nestor. That road leads out to the Mt Airy road. Signed T. L. Brim. Nete Presentiment Was True. Confident that some terrible calamity had befallen a member of his immediate family, E. L. Johnson, of Clayville, Powhatan county, who since February 7th has been an inmate of the Mem ,,. ' ...... 1 tea his nurse to withhold trom fuf ,.,u;jl ;.ui ,..i,i cause a relapse' " the pat5ent said-! "and I am in no condition to hear bad news." He entered the hospital suffer - ing from a severe cf acute appen- dicitis. An operation proved sue-1 cessful, even though, from the advanced stage of the disease, he has been desperately ill since. It will be several weeks before he will be allowed to return home. Until yesterday he had been cheerful,4 but a recent dream has to become morose. "I had a horrible dream last night," he yesterday told one of the nurses. "I know that some thing has happened you have not told me. I awoke and lauged, but yet I realixe that the presen timent is true, and that I am des tined to hear bad news. Don't' tell me what it is until I am strong I again. There's a death to it." i Simple Remedy ler La Grippe. j La grippe coughs are dangerous as they frequently develop Into pneumonia, j Foley's iloney and Tar no only stops i the cough but heals and strengthens the , lungs so that no serious results need be ' feared. The genuine Foley's Honey ' sd Tar contains no harmful drugs and is in a yellow package. Refuse substi tutes. Sold by All Druggist. ; Mr. Reeeevell m4 Ma Racers). Charlotte Observer, 4th. To-day at noon President Roo sevelt retires from his his high office and becomes a private citi zen -a new role for . him for he began holding office in 1882, when only twenty-four years old and has been in office almost con tinously since. He has been President seven and a half years succeeding President McKinley upon the death of the latter Sep tember 14, 1901. In this time he has won an unique and endur ing place in history. The coun- try has never had so spectular an administration as he has given it Individually he is a theatri cal person and he has carried this characteristic into all of his offices, markedly so into the pres idency. He has smashed prece dent time and again and these violations, while they would have been shocking in anpther, have but augmented his popularity. His eccentricities in conduct and speech and writing, especially as manifested in his outbursts of passion, have been so conspicu ous a3 to have brought him un der the charge of excessive in dulgence in drink, but this will hardly lie. We observe that a writer in The American Maga zine for March declares that "he has been made angry by certain mean and, of course, utterly un - founded insinuations against his personal habits," and this writ- er adds: One of the most ab stemious of men, whose pride in his physicial condition if nothing else would hold him to the great est care in his habits, he could afford to laugh at these fictions." 'ItJffyjtsevelt is not distincish'- ed as one of the most abstemi ous of men." He is not a total abstainer but it i3 not just to say that he is an excessive drink er, a3 that term is understood. His odd behavior and intemper ate language on occasion are to be laid rather to his natural im pulsiveness, which has more than once gotten him into situations from which he could not extri- ..:u irom the straight and narrow path of truth. He has promised a great deal that he never per formed he has uttered many threats that he never executed, he has often "stirred up the ani mals'tono good purpose whatever He has trenched upon the ground of Congress and the courts and has taken action outside the lim itations of his office, sometimes ii i. i a . u I vvuii ujc must ueiieuceui. reruns. j In this connection may be men j tioned his settlement of the Pen nsylvania coal strike a few years a and more recent'v the bring - J ing about of peace between Ja - j pan and Russia. He has brought j chief criticism and chief ridicule f upon himself by denouncing as falsifiers many persons of whom it has been proven that they had to impress himself upon the told i,he absolute truth about the j world than any other man in it, matters of which he accused"; not excepting William of Germa them of having lied, the oppro-, ny. And notwithstanding his brium of falsehood coming back infirmities of character and tem on himself. This was1 most con-; per, his frequent follies and even spicuous in the case of Judge 'worse, he is, we believe, the most Parker and the Bellamy Storers, the charges of Judge Parker in the campaign of 1904 having been afterwards fully establish- ed and the Statements of the : Storers corroborated by Arch- j PEARSKdffers PLUMS Yates Apple is the great Southern ADunaance riums tne great money makers, will sell at one-half price while they last. JOHN bishop Ireland. Did the Presi dent retract or aoplogize in eith er of these cases or in any other in which he has been caught with the goods? Not at all. But he is a great man; a man of splendid ability, elegant cul ture and a tremendous force. Perhaps the country has enjoyed nothing so much as his having whipped Congress to a frazzle. Whenever it has gone to the White House for wool it has come back shorn. It has not been with the Democrats of the legis lative branch so much as with the Republicans that he has had his encounters, and so thoroughly has he tamed them that even within three days of his retire ment and when he would be strip ped of power, the Senate judici ary committee has whitewashed him in the Tennessee Coal and Iron Co -npany merger case, when every lawyer in the body knows that he acted in the matter with out authority of law. He is a president who has done things. When the Panama ca nal is complefad he will deserve chief credit for it. The Filipinos have been pacified as a result of his "policies" and the wise exe cution of them by Judge Taft. He has scared the malefactors of great wealth out of their wits and while he has put none of the ; trust officers or railroads owners in jail lie uaa uxugnt uiciu iual they are creatures of the law and has made the way for rail road regulation easier. He has sent around the world the most magnificent fleet of battle-ships ever assembled, quickening the national pride and hesitating . . . tion. The army and the navy are on a better footing than ever before and, thanks to his insist ence, our navy is now the second in the world, that of England alone out-classing it. He ha3 won for his country the f riend thip of China by returning mil- j lions of the money collected from it as indemity on account of the consequences of the Boxer rebel- ;n Poiirr.i, .,jk v,0. bles in California which, had they continued would probably have embroiled us in difficulty with Japan. He carries a Big Stick and talks much and well of the importance of being pre pared for war, but the things he has actually done have made for peace. This country was never before on so good a footing with the South American governments and we are on not onlv good but cordial relations with all the world. But time would fail. Mr. Roosevelt will rank in his- 1 tory as one of the five great ! Presidents of the United States I Ve would name as the paeceed- jng four Washington, Jefferson, ; Lincoln and Cleveland. He has ! done more in the last eight years j popular man in th United States j today. ford's Sanitary Lotion. Never fails. bY Ashcraf 1 Dru Co- Abundance APPLES Yates Winter Annie, Keiffr Pears and Land must be cleared and A. YOUNG, Greensboro, N. C.