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

grand jury to make them know and feel what
their proper duty is. 2
The acts of the county commissioner
should also be enquired into, and especially
should they be required to perform their du:
ties as to having the roads properly worked
and bridges repaired. His Honor said it is
too much the habit though he did not know
how it is in York-for the county commission.
ers to neglect the working of roads and repair
ing of bridges untiljust before term Of Court,
when they: were hastily worked and again neg.
lected until just before the next term. Should
this be the rule in York, it is the duty of the
grand jury to call the fact to the attention Of
the Court: '.' 90" ''' '.'.. ...'.
The grand jury we're next instructed t" ex'
anime the public buildings of the county
report on the safety and management of the
jail as to whether the Sheriff exercises due
diligence and furnishes the prescribed bed:
ding and diet to prsoners the condition and
management Of the pcorhouse and farm; and
as to whether or not there are any violations
of the State laws in the sale of ardent spir'
its-impressing upon the grand jury the i'm.
perative necessity of presenting all cases com
ing to their knowledge Of retailing intoxica
ting liquors in violation Of the law.
During the delivery of the charge, the
courtroom was filled with interested listen
ers-among them many colored people, who
were evidently concerned as to what would
be the general course of a judge elected by 9
Democratic Legislature. So far as we have
heard an expression, all who heard the charge
of his Honor were pleased with its tone, the
manner, Of its delivery, and the bearing Of tbt
Judge in delivering il. .......b y..,D,,y,
After the delivery of the charge to the
grand jury, they were instructed to retire and
select a foreman. They retired, and an
nounced that Captain E. R. Mills had beer
selected by them to act in that capacity.
The petit jurors were then instructed tc
retire to their respective rooms and select
foreman for each jury. Jury Number One
reported that they had selected Mr.. John II
Barry, as their foreman ; and Jury Number
Two reported Mr.. Peter Garrison as theil
foreman.
The prisoners dock, which Judge Mackey
had caused to be set aside as 3 "relic of bar
barism," was then placed in the bar, and thu
first person to enter it was Simon Rice, atia'
Anderson Watson, colored, against whom q
true bill had been found charging him with
forgery. He pleaded guilty, and was remand
ed for sentence.
The following additional cases we're dis
posed of on Monday:
State Us. Joseph Millwood, white; assault
and battery with intent to kill. Prosecutor
]. T. Patrick Verdict, guilty of assault anc
battery. Remanded for sentence.
State us. Alex. Massey, colored burglary
Prosecutor, D. T. Partlew. Prisoner pleaded
guilty and was remanded for sentence.
State Us. Ephraim Terrence, colored bur
glary. Prosecutor, Mat. Rives. Prisoner
pleaded guilty aud was remanded for sen
tence.
State vs. Grandson Currence, colored
burglary. Prosecutor, D. M. Hall. Prison
er pleaded guilty and was remanded for sen
tence.
State Us. Jefferson Stephens, colored as
sault with intent to kill Prosecutor, Georg'
Adkins colored. Verdict, guilty. Prisone
remanded
The first case called on Tuesday was tina
of the State vs. Joe Massey, colored, ex
County Commissioner, charged with assault
and battery and attempt to commit rape OF
the person of Mrs. Frederka Won Wittky, /
respectable German lady living in Rock Hill
The State Solicitor was assisted in the pros
ecution by W. B. Wilson, Jun, Esq, ane
the defence was conducted by T. j. Bell anc
j. G. Witherspoon, Esqrs.
Mrs. Won Wittky, the prosecutrix ane
principal witness against the accused, speak
E.: glish but impertectly, and in "rder to fa
cilitate the taking of her testimony, Mr. A
D. Holler was sworn as an Interpreter. Th'
substance of her testimony was to the effec
that she and her husband have lived in Rocl
Hill for the past four years. Their business
is keeping an eating saloon and bakery. Or
the night Of the 9th of March last, at abou
II o'clock, several customers being then ii
the shop, among the number the accused, hel
husband told her to take the child and g
home-to their residence in another part o
the town. To reach her house she woulc
have to 90 part of the distance in thinl
settled portion of the town. But before reach
ing this locality, and while near stree
lamp, a voice hailed her, which she recog
nized as the voice of Joe Massey. He made
some inquiry of her, as to whether or not he'
husband was in the store or shop, drunk
Feeling certain it was Massey, whom she hao
known for about two years, and suspectIne
no harm from him, she replied, without halt
ing, "Why do you ask that question. wher
you have just been in his companyr HI
pursued after her, and in secluded spo'
seized her and attempted the commission o
an outrageous crime, also striking her on the
head, causing her to bleed freely from the
nose and mouth. She screamed and her tor
mentor ran away.
Miles johnson, on behalf of the prosecu
ton, testified that on the night in question
Mrs. Won Wi,tky came to his house, in great
distress, at about half past II o'clock. She
was bleeding freely from one ear, both nos
trils and her mouth. After Mrs. johnson
washed the blood from her face and dressed
her wounds, Mrs. Won Wittky became some
what composed, and stated that negro man
resembling Joe Massey, attempted to violate
her person. She further stated, at the same
time, that she was almost afraid to prefer the
charge against him, as he was bad man and
would do her harm.
A.D. Holler testified as to distances and To-
cations of buildings, and also as to facts con-
nected with the arrest of Massey, next morn
ing. Witness assisted in arresting the &C.
cused, who was found concealed IN the garre'
of his dwelling. On the cross examination