Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-03-21
of the YorkvilIe ENQUIRER.

And in each, the judgment is that the motion
for mandamus must be denied.
Correspondence of the YorkviIle Enquirer.
LETTER FROM CHESTER.
CHESTER, March 1S, 1873
The circus drew a large crowd to town on
last Tuesday. Both races, both sexes, and
all ages, were represented in the throng that
gathered here to witness the performance
The procession on the streets did not equal
displays of II similar kind on previous occa-
sions. The clown rode quietly along, with
out indulging in any witty remarks or per-
forming any amusing tricks. The wagons
containing the wild animals we're closed. On
" the elephant and camels were visible to the
eve of the spectator. A considerable mum.
ber were forced to be satisfied with view of
the procession, as they were unable to buy
tickets to the regular performances. In con-
sequence of the exceeding scarcity Of money
the exhibitions both afternoon and evening,
were not so we'll attended as they would 9TH
erwise have been. The pleasure of the at.
ternoon performance was marred by fall OF
rain, which, leaking through the canvas,
made it uncomfortable for those within. The
riding is said to have been splendid. The
most wonderful act of the performers, that l
heard Of was the lifting of barrel of water
by woman with her teeth. 1t is to be hoped
that long time will intervene between the
coming of the next circus. The country
would be greatly benefited if all circus COM
panies were broken up, and all persons con-
nected Herewith usefully employed.
Oh
on Wednesday morning, after an adjourn
n,ent from Monday afternoon. At that time
the members of both juries united in petit
ton to the presiding Judge, requesting their
discharge from further attendance upon the
present term. The petition rested upon the
ground that they were needed at home to d.
rect their planting interests The Judge said
that he would willingly grant their request,
if he could do so consistently with his idea
of duty. The proper disposal Of the civil
business was, he said, matter of the great
est Importance a matter in which the exist
ence of good government itself was concern
ed, He informed the jurors, however, that
he was disposed to do all in his power to has
ten their departure homeward. To accom-
plish this end, he said that, in consequence OF
the interruption to business that would neces'
sarily result from the circus, it was his lnten-
ton to adjourn the Court on Tuesday, to re-
convene On Wednesday, from which time ne
would push the business with all possible ra-
pidity.
Wednesday was almost entirely consumed
in the trial Of the case Of William Adams Us.
Chisholm Adams administrator of Thomas
Adams. The plaintiff, who was at the time
living in Florida, sent power of attorney to
Thomas Adams to enable him to draw some
money belonging to the plaintiff T"omas
Adams collected the money, but soon after
died without turning it over to the plalntld.
An action was then brought against the ad-
miuistrator of Thomas Adams for the recov-
ery Of the money Hon. Samuel McAliley
and VIA. A. Sanders, Esq, represented the
plaintiff, and S. P. Hamilton, Esq, appeared
for the defendant. The defence rested their
case principally upon the dying declaration
of Thomas Adams, that he was in no way In
debted to William Adams. There was also
evidence of several payments, by him, in
Confederate money, to William Adams. The
Jury -scufed the Confederate payments accord.
inv to the Corbin bill, and then found bal
ance in favor of the plaintiff of S4O5.
In the afternoon, the case of j. w. Carter
us E. J. Worthy was tried. This was a suit
for the recovery of the balance on a n"te,
which the defendant contended had been
paid, hut of which payment no endorsement
had been made on the note. The jury we're
unable to agree upon verdict.
The Court was engaged on Thursday in the
trial of the case of Mrs. Mary Mobley, exec
utrix of DR.. Isaiah Mobley, Us. Samuel Nc.
ALLEY. The suit was for the recovery of
money upon a note, on which the defendant
was a surety. w. A. Sanders, Esq, and }.
F. Hart, Esq, appeared for the plaintiff; Mr..
McAliley pleaded his own cause, assisted by
S. P. Hamilton, Esq. One of the grounds of
defence was that the plaintiff did not make
the necessary effort to collect the note from
one of the principals, John Simpson, when
he went into bankruptcy. Though he owned
considerable property, she made no report of
her claim to the registrar in bankruptcy, and
by this act of negligence did not share in the
dividends declared in the bankrupt court.
Another ground of the defence was that the
plaintiff, after having obtained a judgment
against the other principal to the note, John
Beard, did not secure, by levy and sale of
Y,
This was alleged to be an act of negligence
on the part of the plaintiff for which the de-
fendant ought not to suffer. The jury rem
dered verdict of $4,000 in favor of the
plaintiff, which was the full amount claimed.
On Friday morning the Court was engaged
in the trial of the case of Lineberger q
Hinckle u.s. w. w. Worthy. The case re-
solved itself into question of veracity be-
tween the plaintiffs and the defendaut-the
former testifying that the understanding was
that the proceeds of the first cotton sold by
defendant was to be applied to the satisfac-
ton of an account unsecured by lien the
defendant swearing to the contrary. The
Jury found in favor of the defendant
In the afternoon, case in which Dr. Moi
fett Wylie was sued by some coored men for
the recovery of the value of some cows was
tried. The Jury found in favor of the de-
fepdant. Jurors, to their exceeding great
delight, were then discharged by the presid-
ing Judge.
Saturday was spent by the Court in hear
ing and determining equity cases.
A number of directors and friends OF the
Cheraw and Chester Railroad Company, ac-
ceptng an invitation of the President, w.
H. Hardin, Esq, greatly enjoyed ride t.
Rich Hill on Thursday afternoon. The run
was made in about an hour. Arriving at
our destination, we-for it was my pleasure
to be one of the party-found several of our
Rich Hill friends Captain Barber, Dr. At
kiuson, d.. Heath, and others, ready to re-
ceive and show US around. We were not
long in reaching the headquarters of the
-. Tho storo n Messrs Rarber e. Dren.