Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-04-11
CIRCUIT COURT.

CIRCUIT COURT.
The Circuit Court is still in session, the Ses.
sions docket not having been concluded un-
til Monday afternoon last. In addition to
the cases reported in our last issue, the fol-
lowing were also disposed of:
State vs. James Morton, colored burglary.
Prosecutor, G. c. Leech. Verdict, guilty.
State Us. Brooks Thomson, colored; bur-
glary. Prosecutor, Rafus Dobson. Verdict,
guilty.
:. State vs. Charles Youngblocd, colored for.
gerry. Prosecutor, D. G. Williams. Verdict,
guilty.
State Us. James Williams, Sam. Smith and
Alexander Smith, all colored; burglary and
larceny. Prosecutor, j. T. Lowry. Hart &
Hart for defence. In this case it was shown
that Sam Smith is dead. Alexander Smith
was acquitted and James Williams found
guilty.
State Us. Joseph Montgomery, colored ; bur-
glary and larceny. Prosecutor, Garland
Jones. Pleaded guilty ofgrand larceny.
State Us. w. D. Parks assault and battery.
Prosecutor, j. E. Good I. D. Witherspoon,
ESQ.,, for defence. Verdict, guilty. q
State Us. Jacob Anderson, Newton Ander-
SON and Andrew Garvin, all colored; play
ing at cards in the open woods on Sun
day. T. J. Bell, Esq, for the defence. In
this case, the accused were charged with
gambling on Sunday. Quite number of
colored witnesses were introduced, the tenor
of whose testimony was to the effect that sew
eral negroes had coDgregated near Wbeeler's
saw mill, one Sunday during the month OF
last September, and there engaged in game
of cards known as "6ve up" Much merri-
ment was caused by the testimony of one
witness-Lewis Rainey-who attached more
Importance to dog which he managed to
connect with the case, than to the issues in
volved in the trial. He happened to fall in
company with the card players while on his
way to neighboring freedman's for dog
one of the best dogs in the country-a bob
tailed white dog, which facts we're conspic-
uously brought out on cross examination
After disposing of another branch Of the
subject, the counsel reverted to the dog
"You say that was a respectable dog you
were going for?" 20 yes, sir, he was very
respectable dog right white, bob-tailed, and
he could fly" "Fly?" queried the counsel
"Yes, he could fly like bird !" was the SOL
emn answer of the witness, whose mind SEEM
ed wholly absorbed by the fair fame of the
dog. Here the counsel broke down, and
amid much laughter, in which his Honor
could not repress a smile, the examination
ceased. The defence was on the ground that
no money was staked-the game being for
amusement only-and, therefore, the accused
could not be held guilty of gambling within
the meaning of the law. But the Court
charged that the assemblage in the woods, or
on highway, for the purpose of playing at
a game of cards, was in direct violation of
the statute, whether the game was played for
a wager or not, and that to prevent such as
semblages was the object of the statute. AS
the fact that game was played was not de-
MED, according to the instructions of the
Court, the jury returned verdict of guilty.
State rs. Isaac Jackson, colored; murder
The prisoner was accused of causing the death
of Martha Lindsay, also colored, by feloni'
ously administering poison on or about the
night of the oath of last December. The
theory of the prosecution was that the pris
ouer, frequent visitor of the house of the
deceased, and knowing that she had in her
possession sum of money, administered the
poison with the view of causing her death, in
order that he might steal her money. The
woman fingered in a comatose state from the
night on which she was first taken sick, until
the following Thursday, when she died, her
symptoms, as testified by Dr. R. L. Love, in.
dicating that she had taken into her stomach
some irritating or corrosive substance. A
colored woman testified that Oh the night the
deceased was first taken sick, she saw the
prisoner in the act of searching trunk of
the deceased, and few minutes after she thus
detected him, he expressed to witness his de-
termination to leave, and, against remon.
STRANGE of witness, did 60 out, taking with
him chicken which was under the bed on
which the sick woman was lying. He was
absent short while and returned, but no
witness could state positively how long he re-
mained, after returning. After the old wo-
mans burial, her effects we're examined and
only FIVE cents was found. This fact, with
the circumstance of the prisoner having been
seen searching trunk of the deceased, d.
rected suspicion to him as having caused the
death of the deceased. Quite number of
witnesses we're examined, their testimony
pointing to the facts above recited. Greene
Decatur, colored, also testified that about the
time of the last election, the prisoner made a
proposition to him to poison Bill Davie, an
other negro, by giving him strychnine on a
piece of beef, at a barbecue to be held at
Bethesda church. Another witness testified
that soon after the death Of Martha Lindsay,
he saw prisoners wife spend twenty FIVE cents
in silver, in store in Yorkville. These are
the leading facts as elected by the testimony.
The defence introduced no witnesses. Mr..
Solicitor CASTOR conducted the prosecution,
and Messrs. T. j. Bell and j. G. Chambers
appeared for the prisoner. After all explicit
Al !