Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-03-30
Correspondence of the Yorkville Enquirer
LETTER FROM CHESTER.
CHESTER, March u, Il


When closed my report of the Court pro-
ceedings on last Tuesday, the trial of the case
of the State Us Samuel Dufie, charged with
assault and battery, with intent to rape, was in
progress. The morning session was consumed
in hearing testimony, and when the evening
session began, there was additional testimony
to be rendered. The evidence of the prosecu-
ting witness, Mrs. Rataree, told amid tears,
and with great particularly, bore upon It's
face the mark of truth. and was sufficient OF
itself to convince any unprejudiced jury, OF
the guilt of the defendant. A due regard to
the fitness of: things will not allow of my
speaking of the facts narrated by her, but l
can say that the conduct of the fiend who per-
petrated the outrage was such as to have stir
red the heart of every listener with feeling
of profound indignation. Moreover, the story
told by the defendant was marked with glar-
ing discrepancies, which were exposed by the
counsel for the State, Giles j. Patterson, Esq,
in his argument, with great clearness. After
the charge by the presiding Judge, in which
he defined the law bearing upon the case, the
jury retired for deliberation upon their yer,
dict. Unfortunately, there was one colored
Juror, with head so thick or with heart so
STEPPED in prejudice, that he could not, or
would not be prevailed upon to admit the
guilt of the defendant. Though the other
eleven Jurors did all in their power to show
him the falsity of his position, he remained
immoveable and declared his purpose OF ad-
herring to his opinion. At 10 o'clock. Tues
day night, the foreman Of the jury, seeing the
impossibility of agreeing upon verdict
caused the fact to be announced to the Judge,
who came into Court and discharged the jury
from the consideration of the case. The de-
fendant, not being able to give bond. was sent
back to iail, where he will remain until the
next meeting of the Court Of General Sessions,
when he will again be tried. In the mean
time, the cost of his support will fall upon the
county, which is to be attributed to thelgnor-
ance and prejudice of one man.
Before the adjournment Of the Court en-
Tuesday afternoon, Judge Mackey issued an
order requiring the production by the opera
tor, Mr.. George DeGrafenreid, Of several tel
egraphic dispatches, sent from Columbia, by
B. G. Yocom, to John Lilly, at this place, in
reference to school certificates.
The Court assembled at the usual hour,
Wednesday morning. Bills of indictment
against B. G. Yocom, John Lilly and James
Kiuard, charged with conspiracy to detraud
the county, were given, by the Solicitor, A.
M. Mackey, Esq, to the grand jury: Ihe
case of the State % J. G. Clifton and L. Cliff
ton, charged with forcible entry, was called,
and the trial proceeded. All of the morning
session and good portion of the evening ses'
sion, were consumed in hearing testimony,
which was conflicting in some essential par
ticulars The counsel for the State, j. j..
Hemphill, Esq, endeavored to prove that the
prosecuting witness, Brooks Allen, colored,
was elected from his house by the defendants
on writ of ejectment issued by Trial Justice
Cherry, when the latter was out OF office and
had no right to issue such writ ;.whereas the
counsel for the defendants, G. 7. CASTOR, Esq,
produced testimony showing their authority
for the action taken was granted by the Irial
Justice. Mr.. Cherry had rendered his reslg-
nation of the office Of trial justice, but it bad
not been accepted at the time of his issuing
the writ of eiectment. This point gave rise TO-
q wide latitude of opinion. The testimony
developed another point of perplexity, which.
was in refereuce to the ownership Of the prop.
erty upon which the prosecuting witness was
living at the time Of ejectment, as one Of the
defendants and the National Bank of Chester
claim to be in possession Of titles to this prop
erty. When Mr.. Cherry was upon the stand,
he was asked by the presiding Judge whether
or not, during his term Of Office, a man had
been shot in accordance with his order that
complaint had been made to him (the Judge,)