State

December STATE The Shemwell Murder Trial N KWi Not reporting Carolina ш 40 was a cun at the game, was not aa easy a? it i* today, but juM a* fascinating and a little more dangerous. People were particular what the papers said about them or their friend*. Then, too, the telephone and the automobile have «pended up things and have helped make reporting easier. Lexington had n sensational murder trial in the summer of 1895. and I was assigned by Joseph 1*. Caldwell to cov¬ er it for his paper. Baxter Shemwell, wealthy citizen, killed hr. Kohert L. Pavno, ono of the lending physicians of the state, and the most l*olovod man of his commimity. My reports were mailed in and they ran from two to six columns. Nowadays, a reporter could fake notes, motor to the homo office, and write his story. I wrote long hand, folded it up, rushed it to the train, ami let the now- editor figure it out. In those days they had keen iditors. Prominent Families The Shemwell* and Paynes were neighbor*, and had means: Shemwell was worth about £300,000. Their fam¬ ilies were prominent. Able lawyers were employed to prosecute and de¬ fend. No greater array of high-classed legal talent had been gotten together for a murder trial in the state. Cyrus I». Watson led for the defense mid Solicitor Holden for the state. Mr. Watson was assisted by Judge Kohcrt Franklin Arm field, of Statesville, an ex-member of Congrc*?; Pomutu* Z. Linnoy, of Taylorsville, a member of n gross: ' THIS is I lie* second of an hit «'resting series of article's by Ur. Ilryanfl. covering some of the outstanding new spa per - reporting experiences of the past forty years. Buxton, of Winston- "•» "f the Lexington Congress; .1. C Salem, and luol bar. William ,1. Montgomery, of Con¬ cord: Benjamin F. Long, of States¬ ville: James E. Boyd, of Greensboro, and other* helped Mr. Holden. Judge E. T. Boykin presided. The trouble between Mr. Shemwell and Dr. Payne and hi* «on. Dr. Lee Payne, grew out of drug store compe¬ tition. Bad blood had existed for years, and on the day of the homicide an attempt had !«• n made to thrash out differences in n magistrate's court. The killing took place a* represent¬ atives of the two faction* were on their way to their respective residences, lo¬ cated in a clu-tor. on the principal The Paynes np- street of town, Iff/ II. E. C. BRYANT proaehed their homes ns Mr. Shemwell overtook them and undertook to pas? or started a fight. Questions prevnted to the* jury were: Who made the first hostile move when the warring neigh¬ bor* came together on the sidewalk? Did Shemwell fire the fatal -hot from the sidewalk or the street? The legal battle hinged on one of these points. Mr. Watson contended that Shemwell, on his way home, was set upon by Dr. bv Payne, who had :i gun, and that he fought in self de¬ fense. Mr. Holden held that Shemwell followed the Payne* for a show-down, and attacked them. Scores of witue-ses were called. No one, except the bellig¬ erents, was close enough to Ite an eye witness to the slaying, but several per¬ sons. from different viewpoints, saw the flash of the pistol. A glol-> trotter, who had l>een all over the world. lc*ti- ficld he «aw Shemwell shoot. On cross examination Mr. Watson convinced the jury and others that this fellow was а romancer. Ho had him explain that, when sick with the whooping cough, in a fit of coughing, hi* eyes burst from their sockets, fell to the ground, and ho picked them up. replaced them, and -never felt any the worse for it. Other wonderful tale? were induced to dis¬ credit him. Shot Fired From the Street Mr. Watson presented evidence to show that the deadly shot was fired from the street after Shemwell had been driven back over the curb, and, therefore, it was in self defense. Ho hammered that point into the jury box. with telling effect. A lino of trees, he pointed out. prevented any of the witnesses from seeing the pistol Hash on the sidewalk. He urged the jury¬ men to go to the positions of those who testified and see for themselves that it wns impossible to get the flash un¬ less it came from the -tree:. Mr. Watson, a medium-sized «tout man, with scraggy beard, had but one thought, the acquittal of his client, and lie u*od every resource of his able, active, aggres¬ sive mind. He was a pic¬ turesque performer, with an alert ear. In the midst of the trial he whittled indus¬ triously on n piece of white pine hoard, which was -Imped like a gun. and used in hi* argu¬ ment to drive home a point. His ener¬ gy. astuteness, and readiness made him the outstanding figure in the contest. He secured a verdict, which was de¬ nounced by many as a “miscarriage of justice." Shemwell went free to engage in other brawls, two of which lauded him in prison, and a filial one. after lie had reached the age <>f three score and ten. resulted in his death in a street duel, near where his drug store stood. At the time of this trial North Caro¬ lina hud hut two morning papers with state-wide circulations. I represented one and William E. Christian, the other. Efforts were made to coerce us. Persons from another state were on hand to toll us how to write our stories. I had to point to my gun to get ono of them out of toy hotel room. Mr. Chris¬ tian wa* told at a dinner table, well filled with people, he could not print part of the testimony. His prompt re¬ sponse was he would send it in if it were his last act. This said, he turned to me, across the table, and asked: “Mr. Bryant, will you send it?" Now. nearing bis 80th birthday, here, a neighlxir of mine, he swear.* I an¬ swered: ‘‘Vos sir. yiis sir! Yas -ir!" Air. Christian made a lusting im¬ pression on me. He was a friendly rival, and a friend. He drank 27 cups of black coffee the first day at Lexing¬ ton, ono of which would have kept urn awake for two day*. I thought lie was doomed to a short life but he is still going strong. A Quick-Tempered Man A hook could be written about the Shemwell trial and Shemwell. The state showi-d that he was quick tem¬ pered, quarrelsome, and ready with his gun. Before that lie had l>eeii shot down in Lexington by an uncle, a one- armed Confederate veteran. He was small but full of fight. I saw him in Washington many times after the trial. He was friendly but never affable. He (Continual on paye twcnty-Uvo)