Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-09-05

]. F. Boyd, Felix Black, Allen B. Crosby,
J. K. Carothers, J. H. Coltharp, M. S. Car
roll, J. Harvey Dickson, S. H. Epps, Erwin
Andrews Robert Faris, George Cunning, Da-
A. G. Ivy, WIN. W. jenkins. jeff Lowry, }.
W. I.eech, IL. McElwee, D. w. McCarter,
julius Mason, R. R. McCorkle, Martin Nc.
Knight, T. j. Nichols, Miten Pegram, James
E. Smith, Junius w. Thomson, T.. N! !Thom-
asson, VIM. Thomasson, r. G. Whitesides.
~-Messrs Gordon and Ivy, upon making aAi-
davit of sickness in their respective families,
we're excused by his Honor from serving on
the jury
J. Harvey Dickson was appointed foreman
of Jury No. One. and Junius W. Thomson
was appointed foreman of Jury No. Two.
The FIRST case called was that Of the State
vs.. George N. Lowrance, charged with larce-
ny. Prosecutor, John r. Faris. Mr.. Low
rance is jeweler and matchmaker in York
Vile Mr.. Fars claimed that on sales-day of
last May, he left with Mr.. Lowrsnce gold
watch of the value of $25. to be repaired,
and that up to this time Mr.. Lowrance has
failed to return to him the watch, although
urged to do go. Mr.. Lowrance maintained
that he returned the watch on the afternoon
of the same day that it was given to him fr
repairs. A number of witnesses were iYt'o.
duced but the case turned mainly upon the
point of veracity between the prosecutor and
the defendant. After being out about an
hour, the jury returned q verdict of not guilty.
Mr.. Solicitor Castor for the prosecution; Mr..
G.. W. S. Hart for the defence.
The next case called, was the State vs..
Frank Edwards, colored, charged with fer
gerry. Prosecutor, Butler Askew, colored.
Iu making bis case, Butler testified that he
had claim against the county of 1896, and
came here one day to obtain a warrant for the
amount; but the county commissioners were
not in session OH that day. He left the &C.
count with Edwards, who was then one of the
commissioners, for collection. He claimed
that Edwards had notified him that he had
drawn the money and sent it to him by Mr..
J. M. Smarr, and that he had Mr.. Smsrr's
receipt, showing that he, Smarr, had received
the money from him. Near year after
wards, to.wit: the last Christmas holidays,
and after the death of Mr.. Smarr, Edwards
sent to him, the prosecutor, paper purport-
ing to be a receipt from Mr.. Smarr, as claim
ed by Edwards, though those familiar with
Mr.. Smarr's handwriting pronounced the pa
per q forgery.
The theory Of che defence was that Mr..
Smarr received money at the same time from
Edwards for one Joe Smith, and gave two
receipts, both written on the same piece of
paper. That the receipt for Askew's money
had been detached and sent to Askew, though
the paper shown in Court was not the re.
ceipt so detached. The receipt for Smiths
money was produced in Court, and Dan
Witherspoon testified to having seen, on the
18th Of January, 1877, the date Of the re.
ceipts, both receipts on the same piece Of pa
per. He saw the receipts soon after they
were handed to Edwards by Mr.. Smarr, No
wrong motives were attached to Mr.. Smarr in
his connection with the matter. The defence
established that Mr.. Smarr had assumed the
payment of lawyers fee incurred by Askew,
and argued upon the hypothesis that Mr..
Smarr had retained this amount, with As
kew's knowledge, to secure himself, and that
after bis death Askew had procured the for
gerry Of the receipt in order to extort the
amount from Edwards. Edwards also :estab.
lshed good character, and it was shown
that this is the only criminal charge that had
ever been brought against him. Verdict, not
guilty. Mr., Solicitor Castor for the prosecu-
ton. Major j. F.. Hart for the defence.
The last named case occupied the Court
during the morning session on Tuesday. On
converting 10 the afternoon, the first case call
ed was the State vs.. James B. Wood, charged
with the murder of Alexander Grier. The
following jury was impanneled: James E.
Smith, foreman j. Harvey Dickson, R. R.
McCorkle, Allen B. Crosby, Junius w.
Thomson, W. j. Goforth, S. H. Epps, An.
drew B. Bales. T. V. Boyd, j. H. Alternately.
M. S. Carroll. R. G. Whitesides.
This homicide was committed on the 4th
of last July, and as we then gave in full the
evidence before the corouer's jury, and mum.
ber of afidavits subsequently made in habeas
corpus proceedings, a repetition at this time
would be quite useless. When the testimony
for the State was closed, the Court announced
that it was unnecessary to proceed further with
the examination of witnesses, and the case
was submitted to the jury without argument.
The jury retired to their room, and returned
in few minutes with verdict of not guilty,
whereupon Mr.. Wood was discharged. Mr..
Solicitor CASTOR for the State; Messrs. With
erspoon & Spencer for the defence. '&."
The following cases were also disposed of
on Tuesday:
! State vs.. Lewis Josey, white; forgery.
Prosecutor R. T. May. Defendant pleaded
guilty and was remanded for sentence.
: State vs. Elias Stewart and Nathan Hood,
both colored; burglary. Prosecutor, E. G.
Feemster. Elias pleaded guilty. Verdict
as to Hood, not guilty. Mr.. T. j. Bell for
the defence. .s ....s-... .' q
Judge Aldrich presides with ease and dig.
nifty, displaying the characteristics of an able
and learned jurist. Mr.. Solicitor CASTOR is
also in the discharge of his duties with his
accustomed promptness and ability. Besides