Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1873-07-24

but twenty.one years of age, and appears to
be au intelligent young man. While making
his statement from the witness-stand, he spoke
in clear concise manner, and though deep
ly affected by the crime he had committed
when his reason was dethroned by the demon
alcohol, he gave his evidence with no more
bias in his own favor than any Of the other
witnesses. While it is an axiom of the law
that drunkenness is not palliative excuse for
murder, yet in this case, the unfortunate
youth had the sympathies of all the spectators
of the trial. Mr.. Bells effort in behalf of
the prisoner is spoken of by all who heard it
as mastery defense. His prior engagements
had been such as to prevent him from giving
the case more than two hours attention since
he had been retained as counsel but notwith-
standing this fact he conducted his side with
much tact and ability, and his address to the
jury was not only able and earnest, but it
sparkled with genuine eloquence.
The case of the State Us. Samuel B. Hall
was next called. As our readers are aware,
Hall was Probate Judge of York county for
the last term preceding the present, and, as is
alleged, on retiring from the Office, failed to
pay to those entitled to receive the same, GER
tain moneys which had come into his posses
sion or to turn them over to his successor in
office. Solicitor Brawley appeared for the
State, and Major Hamilton of the Chester
bar, and Messrs. Wilson and Hart for the
prisoner. Three indictments had been found
against him. The one under which he was
placed upon trial charged that he had receiv-
ed the sum of $154.66, the proceeds of the
sale of lands belonging to the estate of Sam
uel Steele deceased, which he had failed to
pay over to the parties entitled to the same,
or to his successor; but that he had embezzled,
stolen and carried away from the said county
of York the said sum of s15466. Two dis
tinct charges-one for breach of trust, and
the other for official misconduct-were made
in the indictment. For this and other reasons,
counsel for the prisoner moved to quash the
indictment, and the day was consumed in ar
guing the motion. All the grounds to quash
we're overruled by his Honor, except as to re-
quiring the Solicitor to elect on which charge
he would proceed with the trial, when the
Court adjourned until o'clock Friday NOR.
ming.
On Friday morning, the Solicitor an
nounced that he would try the prisoner on the
charge of official misconduct, which restricted
the trial to this one charge, and the case wss
Immediately taken up, the trial of which con-
sumed the day. Several witnesses were ex-
amined, among them the present and ex.coun-
ty officers, the Cashier of the Citizens Savings
Bank, and others. The trial resulted in
verdict of guilty, when prisoners counsel
made motion for new trial, the hearing of
which was set for Tuesday, the 22nd. Court
then adjourned until Monday, the 21st.
On Monday, the Court was convened at
4 o'clock, P. NJ, and the civil docket was reg
ularly commenced. The case Of Samuel
Smith, Administrator, us. M. L. Tate and
Others, Executors, was taken up and disposed
of. This case involved the amount of pur-
chase money for slave sold on the 3rd day
of January, 1868, after the date of Lincoln's
Emancipation Proclamation. Verdictfor the
defendants Notice was given that motion
would be made for new trial.
On Tuesday, the case of W. H. McCorkle
vs. the Kings Mountain Railroad Company
was tried. The suit was brought for the re-
covery of four bales Of cotton shipped over
the road in May, 1872, and alleged to have
been lost or misplaced by the Company.
Judgment in favor of plaintiff for $363.7S,
the value of the cotton, and $50 damages.
Notice was also given in this case that motion
would be made for new trial.
The case of F. NJ Walker, surviving Ad-.
ministrator, Us. Mijamin R. Smith and others,
was next called. This suit was brought on
note given for the purchase of slave on the
9th of December, 1862. At the time of our
going to press on Wednesday, the case had not
been decided. wv ,..
We have heretofore omitted to state that on
the second day of the term, the suits of G. l..
Clawson and various other parties vs. the Sut-
ton Gold Mining Company were decided.
Four judgments, amounting in the aggregate
to $4,000, were obtained against the defen-
dants.
The argument on the motion for new trial
in the case of the State vs. S. B. Hall, though
set for Tuesday last, has not, yet, been heard.