Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-08-28

land county, N. c., who has been afflicted
for some time with paralysis of the throat
Miss Lee Allison is visiting J. W. Dobson's
family.
Mrs. T. NJ. Graham, Of Chester, is visiting
Yorkville.
We regret to announce that Mrs. Beatty,
quite ill.
Rev. A. A. James, of Jonesville, Union
county, was in Yorkville last week, on visit
to his relatives.
Daniel A. James and J. E. Carroll are at
tending the U. S. Circuit Court at Greenville
as witnesses.
w. G. Latimer, of the firm of Latimer &
Hemphill, has gone North to make fall pur-
chases of goods.
Miss Maggie Herndon, after visit of sever
al weeks to friends and relatives in Virginia,
returned home last Friday.
Mrs. r. Frank Clark and little daughter
Mary, and Mrs. Frank E. Smith, are visiting
relatives i'll Castor county, N. G.
We learn that Prof Denck, the celebrated
pianist, of Columbia, will visit Yorkville soon,
for the purpose of giving a series of concerts.
Mr.. j. Alf. Carroll has been confined to his
bed for several days with severe indisposition !;
though we are pleased to learn that his condi-
ton is improving.
We were pleased to receive visit last week
from Mr. Dewey F. Schorb, a printer in the
Columbia Presbyterian office. In 1869 and 20
Dewey was a bright lad, employed in the En-
10 yigif
Yorkvile, since his removal to Columbia in
the latter year.
COL w. b. Metts, who has been confined to
his room since the middle of last May, from
the effects of a surgical operation, was out
for the first time yesterday. We were pleased
> to receive call from him on his first walk up
the street, and glad to record the fact that
he is in a fair way of recovery.
The following persons left here last Monday
afternoon to join the merchants excursion
from Charlotte to Norfolk, via the Seaboard
Airline route Dr. W. NJ. Walker, John j..
Smith, w. H. Herndon, II. G.. Strauss, James
, Hemphill, Frank E. Smith, T. B. McClain, R.
: A. Parish, H. II. Beard, 7. H. Glenn, j. G..
Wardlaw, John NJ. Hope, w. NJ. Allison.
E CHANGE OF FIRM.
By reference to their notice. published in
, another column, it will be seen that the firm
: of II. F. Adickes g. Sons has been dissolved,
Mr.. H. F. Adickes, Sen., retiring and being
succeeded by his sons-H. F. Adickes, Jr., in
the dry goods department, and Withers Ad-
ickes assuming control of the grocery store.
These young gentlemen have been raised to
the business, and are merchants by intuition
| ,,,oJo o.,,s, nf on
old established house, they come before the
public not as strangers, but as men well known
in the community for their strict business
principles. The retiring member of the late
firm, is the oldest merchant in Yorkville. He
entered upon business here as a clerk in the
store of Robert Latta, in the year 1881, and
four years subsequently commenced business
for himself, in which he has been continuously
engaged ever since--a period of A years. In
his retirement from active business pursuits,
he carries with him the best wishes of large
number of friends.
COUNTY OF YORK vs.. JOHN L. WATSON.
James Hemphill, ESQ.,, of Chester, to whom
was referred the above case, has made his
report as referee The case was filed by the
} plaintiff against the defendant, who was
formerly county treasurer of York county, for
: an account of his transactions in his office,
| alleging that he had collected large sum of
money on behalf of the plaintiff, which he had
failed topay over.
The defendant made general denial of this
}, charge, and also by way Of additional de-
fence, alleged that part of the money collected
by him had been lost by the failure of the Citi-
zens' Savings Bank, in which he had deposited
it. In relation to the latter ground of de-
fence, the plaintiff replied that the defendant
is entitled to no benefit from it OH two
grounds first, that the defendant was liable
for the funds, and could not be discharged by
depositng them in the bank; and second,
that even admitting that he was entitled to
shelter himself under this plea he could not
, do so in this case, as he brought on the fail
ure of the bank and the loss of the money by
his own improper and corrupt action. Aftef
recitng the above facts, the referee says:
Before proceeding further, I think it well to
dispose of this portion of the case. The
plaintiff IS counsel contended with force, and
the production of high authorities, that the
defendant was absolutely responsible for the
funds collected by him, and could not be ex-
cused by entrusting them to any person or in
stitution, however responsible at the time. 1
considered, however, that the case of Twitty
VS.. Houser, Rich. N. S., 1884, decides the
principle The contest there was in regard to
the liability of an administrator who had de-
posted the funds of the estate in the same
bank in which this defendant placed the funds
| of the plaintiff The court held that the ad-
ministrator was not liable for the money lost
by the insolvency of the bank. +, therefore,
hold that the loss of the deposit in the bank
should not fall on the defendant
On the other question as to the alleged
corrupt and improper conduct of the defend
ant having caused the bankruptcy of the bank
and thereby occasoned the loss of the county's
money, do not see sufficient grounds to shs-
tain the charge There are some circumstan-
ces detailed by the witnesses, on the part Of
: the plaintiff, which seem apparently suspicious,
but which were denied or explained by the de-
fendant and his witnesses. I hold that there
is not sufficient proof to make the defendant
responsible for the loss sustained by the failure
of the Savings Bank.
In making up the account of the defendant
for the funds of the plaintiff, have mainly
followed the statement furnished by the plain
tiff IS counsel, which have verified by the pa
pers have also taken the credits contained
in said statement, except that have given the
defendant credit for several items not allowed
by plaintiff S counsel. These items are the
sum of $780, which was allowed to the
treasurer as over charge by the auditor and
county commissioners, and which appears in
IL rsccsp, of