Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1875-04-08

CASTOR and Hamilton, of Chester j. S. r.
Thompson, of Spartanburg John G. Wither,
spoon and John p. Gage of Rock Hill.
Correspondence of the Yorkville Enquirer.
LETTER FROM CHESTER.
CHESTER, April 5th 1875.
The comments, in my last communication,
upon the trial of civil causes at the recent
term of the court, were not so full as the mer-
its of the cases deserved. This arose from
the space consumed in a statement of the
principal points in connection with the
ton.steaing case of Whitener & Co., in
which great popular interest was manifested
during the two days Of its continuance.
Farmers, who had suffered from the midnight
depredations of cotton thieves were extremely
desirous of their being visited with a punish
ment proportionable to the o6ense. While
the verdict of the jury was not in accordance
with the judgment of good and honest citizens
(for the opinion was generally entertained that
the entire gang should have been sent to the
penitentiary) yet it is hoped that the rigor.
Gus sentence pronounced upon the leader Of
the party, Anderson Whitener, will put a
stop to cotton.stealng operations in the coun-
ty. A few months since, the operations of q
set of cotton thieves, in the eastern portion Of
the county, came suddenly to grief by remov-
ing the leader from the scene of his rascalities
and confning him within the limits Of prison
walls. The lesson taught by the disgracetul
end of these men will doubtless be attended
by beneficial result.
In the civil case of Thomas House vs. A.
NJ. McMullen, in which the plaintiff was ably
represented by G. S. Brice, Esq, a point was
decided of the utmost Importance to farmers
owning and cultivating lands along the banks
of Fishing creek. 1t was this, that the
waters of this stream are and shall be consid-
cred in law good and sufficient fence. An
act of the Legislature, passed a great many
years ago, states that the requisites of good
and sufficient fence, namely, paling or rail
fence, FIVE feet in height, or the waters of a
stream, which shall be declared in accordance
with prescribed form, by number Of free
holders owning lands on both sides of the
stream, to be lawful fence. The counsel for
the plaintiff proved, by indisputable testimony,
that the waters of Fishing creek had been
regarded for a long period of time by planters
cultivating lands along its banks good and
sufficient fence, and held that such being the
uniform custom of planters there residing and
cultivating lands, the presumption was "that
everything had been done that should have
been done - or in other words, that freehold
ers had met, and declared, according to the
legally prescribed mode, the waters Of Fishing
creek to be good aud lawful fence. This
point was sustained by the presiding judge.
The case of Thomas House Us. A. NJ. Nc
Mullen was case of demand for damages,
occasoned by stock of defendant running
upon and destroying the crops of the plaintiff.
The Jury rendered verdict of fifty dollars in
favor of the plaintiff, which was all that was
claimed for his object in bringing suit was
not so much to recover damages as to test the
question whether or not the waters Of Fishing
creek shall be considered in law good and
sufficient fence. Had this case been decided
in favor of the defendant, large number of
plantations on the waters of this stream, it is
said, would have been abandoned.
In case in which the lien law was concern
ed, two points were made by the presiding
Judge, that merit notice. One point was that
a lien only holds good in reference to the in
dspensable necessaries Of life. Consequently
sugar and coffee, and all articles that are not
absolutely essential to the support of life,
cannot, according to law, be covered by a
lien. The second point was that a lien upon
the crop only covers advances actually made
This point was explained by the following
illustration That if man made forty bales
of cotton, and it only required ten to pay the
lien, though the lien covered the entire crop,
he had a right to sell thirty bales, and meet
the lien with the remaining ten. He could
do this, though the ten bales were still in the
field, provided he was able to prove that there
was sufficient amount of cotton in Tie field
to make this number of bales These rulings
of the presiding judge were elected from the
facts of the case, in which Thomas Lipford
was charged with selling cotton covered by
lien. AS the testimony showed that there
was sutiicency of cotton in the field to cover
the lien, it was held that the cotton sold was
not covered by lien.
In suit brought upon note based upon
negro property, the jury disregarded the
decision of the State Supreme Court, and rem
dcred only nominal amount in favor of the
plaintiff
The storm that recently swept with such
fury over portion of Georgia, and portion
of this State, was felt to some extent in the
eastern portion of our county. The cotton
screw belonging to Mr.. Elmore Kell, was
blown down, and the roof of the gin house
belonging to Mr.. w. H. Massey, was blown off:
1 am happy to state that no private residences
were Frustrated, and no lives we're lost.
Mr.. VIM. Simpson, of our town, received
on yesterday, a telegraphic dispatch giving
of the murder Of Rev. Mr. Miller,
of Union county, on Saturday. The murder
er is colored man, who is thought to be ma