Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-10-18

chief-the alleged Killing OF dog. Mr.. CnarleS
Pearson was the unfortunate loser, and the pros
ecutor of the case. A preliminary examination
was had to determine its merits. Upon the tes-
| tmony adduced, the trial justice bound over the
defendant and witnesses to appear at the Feb
| ruary term of the Circuit Court. LUX.
Correspondence Of the Yorkville Enquirer.
LETTER FROM CHESTER. .sas, *
CHESTER, October 10, 1871
The Court was engaged during the past
week in the trial of civil causes. The most
important case tried on Monday was that Of
Martin Mcdaniel, administrator of the estate
of William Knox, deceased, %. A. II. Dave.
ga, administrator of the estate of Hugh Nc
Lure, deceased The suit was for the recov-
cry of money due on an ante belsum note. An
amount equal to the principal Of the note
had been paid, but considerable sum in the
way of interest had accumulated. At one
time after the war q compromise was agreed
upon between the parties interested. whereby
the note was to be settled at reduction of %
per cent. on the dollar. During the trial on
Monday the presiding Judge ruled out testino-
nv on which the case for the defence rested.
According to his rulings and Instructions, the
jury were compelled to render q verdict for
the full amount in favor of the plaintiff. :"
The case of E. Shirley Us. Robert Nicely,
consumed considerable time j. j. Hemp.
bill, ESQ.,, was counsel for the plaintiff, and
c. s. Brice, Esq, appeared for the defendant.
An old note was again the cause of the litiga-
ton. The Judge gave the jury positive in-
structions to End in favor Of the plaintiff.
and so they did. .'' . 80 80
Tue Court was engaged on Tuesday morn
ing in the trial of the case Of John Bratton
us. William Guy, administrator Of the estate
of J. G. Smith, deceased. The plaintiff. It
appeared, purchased a tract of land from the
defendant, and when it was surveyed, there
was deficiency Of thirty.two acres between
the pumber of acres expressed in the deed
and that realized in the survey. The testi.
mony, however, showed that settlement had
been effected between the plaintiff and de.
fendant, in which the latter made good the
value of the deficiency. The jury found in
favor of the defendant. The plaintiff vas
represented by s. P. Hamilton. Esq, and the
defendant by G. S. Brice, Esq @.'i7't
The attention of the Court in the afternoon
was engaged in the trial of the case of Green
Mayfeld a. Samuel McAliley. The suit was
brought to recover the value of services rem
dered the defendant in experimenting his
plantation during the years 1855. Gen.
w. A. Walker appeared for the plaintiff aud
Mr.. McAlily conducted his own case. The
principal point of the defence was that the
plaintiff had not conducted the planting in
terests of the defendant according to the lat
ter's instructions, and that in consequence Of
disobedience of instructions, he had causeds
heavy loss to fall upon the defendant, which
loss was greatly in excess of the wages due the
plaintiff. The plaintiff denied the allegation
of the defendant that he had disobeyed his in
structions, and endeavored to prove by testimo-
ny that he had made good crop for the defen-
dant in 1875, and that bis failure to do 80 in
1875 was due to no want of energy or attention
on bis part. The amount sued for was $500.
The Jury rendered verdict in favor Of the
plaintiff for $186. =.t ~ :" 80. 'FS ''ii.
The Court met at the usual hour on Wednes.
day, and entered upon the trial of the case of
Ellis & Broadus o. r. M. Cross, for the recov.
cry of q horse, which the defendant had
bought from one William Salmonds, who had
the horse in his possession, but which was the
property of the plaintiffs. The defendants
attorney. C. S. Brice, Esq, placed his defence
upon the fact That his client had bought the
horse from Salmonds in good faith, and was
totally unaware that the ownership Of the
horse rested with the plaintiffs. Messrs. Pat
terson & Castor, counsel for plaintiffs, proved
that the horse belonged to plaintiffs, and con-
sequently, that Salmonds had no right to sell
it. The Judge charged in favor Of the plain.
tiffs, and the jury found in their favor to the
amount of $25 in addition to the horse
The case of Edward Kan us John Coleman
was then taken up. In this action the plain.
tiff sued to recover the value of some building
materials, which he had ordered for the de-
fendant, hut which the latter refused to re-
ceive and pay for on the ground that he had
not directed the plaintiff to order them. The
testimony of the plaintiff was Numerically
opposite. The jury found in favor of the de.
fendant. The plaintiff was represented by
Gen. w. A. Walker the defendant by c. S.
Brice, Esq. .''''-
Two cases were tried on Wednesday after
noon-the case of William Corder %. G.. G.
Macoy, administrator, and that of D. r. Ste;
venson u.s. William Stroud but they were net
of sufficient importance to require any specific
reference, except to state that in the former
case the jury found verdict in favor of the
plaintiff, and in the latter case verdict in
favor of the defendant a ..
The trial of the case of Robert Nicely o.
John Walker, Sheriff of the county Of Ches-
ter, consumed, for the most part, the attention
of Court on Thursday morning. The object
of this suit was the recovery of about fourteen
hundred dollars, which the plaintiff alleged to
have lost in consequence Of the neglect of the
defendant The plaintiffs witnesses testified
to the plaintiff obtaining judgment against
Henry Culp; that he instructed the defendant
to make levy; that the defendant delayed
doing so. during which time Henry Culp dis.
posed of his property, and the plaintiff lost
the amount of his judgment. The defendant
endeaYored 70 show that the delay ON his part