The news and herald. (Winnsboro, S.C.) 1877-1900, 1879-09-13

Comes to IL Sudden Close-Scntences of
tho Convicts-The Presentmcnt of tho
Grand Jury-A Lively Doc oumont.
Tho following is u synopsis Of tho
business done in the Circuit Court since
our last report
In the case of Jim Carter and others,
charged with assault and battery with
intent to murder, the jury went out
late Wednesday evening. The foreman
soon returned and announced fail
to agrcc-thc jury standing eleven to
one. The Judge instructed The jury
to continue their deliberations, and, a
constable being placed at the jury
room, the Court adjourned ill nine
O'Clock on Thursday morning. The
jury were called into Court and asked
by the Judge if they had agreed upon
verdict. The foreman responded in
the negative, and stated that their dis
agreement was upon matter Of fact.
The Judge then ordered the jury to rc-
tire and continue their deliberations.
After brief absence they returned
with the following verdict: "GuiHy,
as to James Carter, Rufus Robertson
and John Peter Cole. Not guiUy, as
to George Martin, Peter Martin and
Benjamin Martin"
The next case taken up was that Of
the State VS.. Green Caldwell, colorcd,
indicted for the murder of Burrcll
Caldwell, a brother of tho prisoner.
Mr.. A. M. NIackcy appeared for the
defence. The prisoner pleaded "Not
guilty." and the jury was cmpanclcd
III the usual form. Tho circumstances
of the case have already been given in
TIE:NEws AND HERALD. The line of
defence was that the wounds inflicted
by the defendant upon the person Of
the deceased did not cause his death,
but that he died Of pcritonitis. DR..
II. f. Gibson, who had made the post
meortena examination, described the
wounds inflicted, and gave it rs his
opinion that death was not solely
caused by such wounC Tho wife of
the deceased, and several other wit
ncsscs testified as to his having been
unwcll for some days before the fracas,
suffering with measles and severe
affection of the bowels. Drs. II. b.
Hanahan and C.H. Ladl, sworn IS
medical experts, gave it rs their cpin-
ion that the wounds inflicted, rs de-
scribed by DR.. Gibson, were not suffi-
cicnt to cause death. In this state of
facts, the defendants attorney moved
that the Judge instruct the jury to rcn-
der q verdict Of acquittal. His Honor
stated that in his opinion there was
not evidence sufficient to show that the
deceased died from the wounds infict-
cd by the defendant. lie therefore i'll
structcd the jury to render verdict
of"Not guilty." which was according
ly done. The prisoner was discharged.
No other criminal cases were tried.
Tho following sentences were imposed i:
Howard Starkc, convicted Of rcceiv-
ing stolen goods, one year at hard Ia
Dor in the penitcntiary.
Timothy Kelly, who pleaded guilty
of burglary, three years ct hard labor
in the pcnitcntiary.
John Kennedy; who was convicted
Of forgery in ono case and pleaded
guilty Of that offence in another, four
years at hard labor in the penitentiary
James Cartcr, Rufus Robertson and
john Potter Cole, convicted Of assault
and battery with intent to murder-a
fine of one hundred dollars each, or
one year each at hard labor in the
penitentiary.
There being no jury cases ready for
trial, and it being desirable that the jul
rors should be at thor homes, the petit
juries were discharged until Monday
morning. The grand jurors had al
ready been dischnrgcd.t
Friday was. taken up with default
cases, orders Of course, and other mat
tors of 10 public interest, $.@yhl&.
Presentment Of the Grand Jury.
The following is the presentment Of
the grand jury for tile September
term:- t&
TO tie Hon. ". II. Wallace, p,'esid-
ing Judge: we have examined the
jail and public buildings. The Jail
seems secure, and rs comfortable as
could be expected, and the fare is re-
ported wholesome and plentiful. The
brick kitchen in the yard is inb bad con-
dition and was SO reported ut our last
court. A small outlay for necessary
repairs upon the roof, floor and win
dows would add much to its usefulness
and perinanoncy.
.N COURT HOUSE.
We recommend that venetian blinds
be substituted for the shutters on the
south side, 80 that air can at all times
be admitted. Now these windows are
useless in the mornings, asthe shutters
must be closed to keep out the SUM-. A
few ventilators overhead infthe cell
ing would, we think, add to the health
and comfort Of those attending court; !;
and it is earnestly urged that the mat
ting on the floor, which has lain there