Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1858-10-21
COURT WEEK.


We publish in this issue the Reports of the sew
eral Boards of Commissioners and the Indian A
gent made to the Fall Term of our Court. Our
people will find it profitable to give to them care
full perusal.
In commenting upon the Reports, and especially
upon the several preseutments by the Grand Jury
of parties guilty of transgressing the license lew
his Honor, Judge WARDLAw, took occasion to pro-
noupce in favor of license, and even questioned
the power of the Board to withhold the license
when application is properly made. To paraphrase
little, he doubted the propriety as we'll as the
legality, of restraining men from drugging their
neighbors with rot-gut, transforming them into
brutes, and destroying the peace, good order and
prosperity of the community. We have not the
Statute at hand; and if we had, we could not pre-
sumo to argue with his Honor upon question Of
-Rut Xe- can reerat that Judge MARpIAw
would thus throw the weight OF his high character
and undoubted influence on the side of the enemies
of moral reform and Christian progress. In
York District, where the abolition Of the license
system has done so much to elevate and puri-
fly the public tone and cleanse the public morals,
such an opinion, from such source, falls like
thunder-bolt. And we are forced, by the pressure
of public opinion, to utter solemn protest against
it.
We think that lis Honor mistakes in the as
sumption upon which his remarks were based
that the remedy adopted by the Commissioners
has not diminished the evil; and upon this point
we are sure that the number of prosecutions for
retailing without license does not furnish proper
criterion for judgment. Heretofore, men have re-
tailed without license with impunity, public opn
ion not having reached the point which made it
credtable to bring such offenders to Justice Now,
en- efficient temperance police has been organized
throughout the District, and their efforts have
proved, not that more liquor is sold without Ii
cense, but that more men who sell are made to
face the music. The evil cannot be cured in a
day and these presentments merely furnish the
evidence that cure wiH be Effected. The crime is
not so frequent; but, simply, larger number Of
the offenders are brought to light.
Does the reform increase the size of the Sessions
Docket? This seems to be the pith of the objec-
ton to it. We would like to compare one year
with the other. Two convictions were had during
the last Term with one, liquor had nothing to
do-indeed, ''the gray mare was the better horse"
the other was the direct result Of the illicit retail
ing presented by the Grand Jury. We have now on
r. IL
affrays, no riots, no larcenies, no gambling, no
crimes to punish which are the result of drunken
ness, drawings, midnight revelings and the like.
And is it not better that for q year or two our
Docket should be loaded down with prosecutions
for this internal traffic in lquid-poison, than that
year after year, the time Of our Courts should be
consumed the public peace and good order des-
troyed, and the character of the District compro-
mised by trials for every sort of crime known to
the criminal records of the country? We think
so so the people of York District think and so,
we trust, his Honor will think, upon a more ma
ture reflection and upon more intimate acquain-
tanee with the real facts in he premises.
In making these comments, we design no reaec,
ton upon his Honor's purity of motive; and nc
one would be farther from exhibiting towards him
any, the slightest, want of respect. On the con-
trary, we entertain for Judge WARDLAw, as pro.
found jurist and scholarly gentleman, the very
highest regard And we regret that any occasion
should demand it of US to call in question any
opinion he may deem it proper to express.
The only case of general interest was that Of
"Jno. G. Moore u.s. Jos. NJ Smith" This was ar
action of Trover, for negro girl Aalinda. Masy
years ago, DR.. John G. Moore removed from thi:
District and settled in Alabama, leaving brother:
and sisters, and q considerable personal and rea
estate in the hands of an agent Very soon after
wards, his relatives lost sight of him, and al
though diligent enquiries were made for some ter
or eleven years. he could not be heard FROM
They believed him to be dead, and so the law pre-
sumed. Accordingly, some ten years after th'
period at which he was last heard from, admins
tration on his estate was granted, and the proper
ty was divided amongst his brothers and sister:
by distribution. Jacob A. Moore, of Texas, since
dead. received the girl Malinda as part of hi
share, and through his agent here sold her to thu
Defendant, for sound price. Year before last
DR.. John G. Moore came to life again! and made
it appear that he had undoubtedly been living il
Alabama, all the while He made settlements, w
believe, with his brothers and sisters, obtaining