Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-06-26

lor, of that city.
Mr.. Robert J. Herndon left on Monday for
Durham, N. c., having accepted an offer to
teach the cornet band Of that town.
CIRCUIT COURT.
June term of the Circuit Court for York
county, his Honor Judge Thomas Thomson
presiding, convened at 10 O'Clock, on Monday
last The following grand jurors-haVlng
been qualified as such at the first of the year.
answered to their names and took their seats
in the jury box: S. L. Adams, foreman; +. II.
Barber, Madison Bratton, Beatty Blanton,
C. B. Byers, A. Cherry, J. A. Campbell, W.
B. Davidson, D. w. Fowler, E. c. Falls, ]. G..
Hoke, VIM. Hardin, w. D. Lessly, r. S. Nc
Connell, John Ramsey J. J. Waters-16.
His Honor then briefly addressed the grand
jury, stating that inasmuch as they had been
previously charged by the eminent Judge who
had preceded him, he did not deem it necessa-
ry to give them further or lengthy instructions
as to their duties As some doubt exists as to
whether the swearing of grand jury, When
first impannelled, is sufficient for the year
during which they are to- serve, his Honor,
while believing it sufficient, stated that ne
would not risk an uncertainty, and gave that
as the reason why he caused the oath to be ad-
ministered to the jurors.
As to their duties, his Honor instructed the
grand jury to examine the offices of the coun-
ty-those of the Clerk Of the Court, the Sher-
iff, the Judge of Probate, and especially the
Office of the County Commissioners, for upon
the discharge Of their duties, more depends for
the welfare of the county, excepting the Judge
of Probate, perhaps, than any other county
office. The grand jury would, therefore, exam
inc all these offices, with as much care as the
time at their command will admit, and report
| on the same.
The grand jury were also instructed to ex-
anime and report upon the condition OF the
jail and the poor house, and also the treat
mcnt Of the inmates of the respective institu-
tions. Though person may have committed
crime and been placed in Jail, yet he is not
to be treated inhumanely or punished previous
to conviction. 1t is the duty Of every county
to provide well for it's poor, and the best test
Of the moral standing of a community is by
the manner in which they treat their poor. 1t
is due to this unfortunate class that they be
properly and humanely treated as inmates OF
the county poor house, and the grand jury
should enquire into the manner in which those
having the poor in charge discharge their du-
| ties. sci :, n
On the subject of gambling, his Honor
charged that the laws bearing upon this subject
do not seem generally to be perfectly under
stood. Persons may innocently engage in
games without betting, and yet be liableto the
penalties of the act. While certain games,
without wager, are permitted in dwellings,
yet if persons go upon the streets or on the
highway, or in the woods, and play at these
games, only for amusement, they violate the
law and are liable to prosecution for unlawful
gambling. The reason given for this act OF
the Legislature is that gaming In public places,
| in the woods or on the highway, even for
amusement, is demoralizing in its tendency
and leads to gambling.
On the subject of granting licenses to sell
liquor, his Honor charged that the question
rests solely with the grand jury, and the rule
by which they should be guided is whether or
not the granting Of license, in any case, would
be for the benefit of the county. II applica-
tion for license be made, and the grand jury
think that by granting the same, and the es-
tablishing of house for the retailing OF spir-
ituOus liquors would not lead to the congrega-
ting of people to it, causing them to neglect
their work and have an otherwise demoraliz-
ing effect, then they might grant license but
if they thought it would have contrary eff
feet, leading to brawls and fights, why then
he thought they could not but feel 1t their
duty to withhold the license. In this, as in
all matters coming before the grand jury, they
are to act for the welfare Of the whole county,
and not for what might be conceived to be for
the advantage of one individual. Hence, If
the grand jury conclude that the evil arising
from the retailing of liquor would exceed the
price obtained for the license, it would be bet
ter not to grant it. His Honor, with slight
CLEAN of humor, explained the act of the
Legislature upon this subject as being little
singular in it's provisions. ID While County
Commissioners are empowered to grant Ii
cense for the sale of beer, wines, &c., the
grand jury only are constituted the judges Of
those who shall retail whisky or brandy. and
they are likewise, according TO the act, sup
posed to be competent to judge Of the quality
of the liquor to be sold.
With the admonition to the grand jury to
keep inviolate the proceedings of their body,
his Honor closed. ,..#ytt aa aaj at5a
The following petit jurors answered to their
names: .sr, y,. ..5it I.a u. siIci El,tlI
Martin Armstrong, G.. B. Boleyn, Samuel
Brown, j. L. Biggers, VIM. Borders, Joseph
Black, Green Bratton, W. s. Creighton, ".
M. Castles, VIM. Choate, Al. Davinney, JEFF
ferson Ellis, Frank Edwards, d. J. Good, W.
H. Herndon, j. P Hutchinson, Allen Hall, W.
N. Jackson, 1redel Jones, ]. M. Jackson,
S. J. Kimbrell, j. B. Lowry, s. M. Love, w.
J. Martin, Thomas Martin, J. C. McCully,
w. M. McGill, L. R. Pierce, John Rattaree,
W. G. Reid, L. L. Smith, H. G.. Strauss, J. F.
Workman, VIM. 'Whyte-4
Messrs w. J. Martin, Biggers and Reid
were, on their petitions, and for sufficient rea-
sons, excused by his Honor from serving as
jurors during the present term. s
The following cases were disposed OF on
Monday: .sG r4., II.
State VS.. J. w. Smith; burglary. Two ca
ses Both cases transferred to the contingent
docket. ,1 go
State VS.. Martha Moore; adultery. Con-
tinued. .,as...,s.g..s.
State VS.. Nancy Bigham; adultery. Con-
tinued 1900 =. 49,. !. Ss .,,,-,-..y-
State VS.. A. W. Parks; breach Of trust.
Prosecutor, VIM. Bacharach. Solicitor Gas
ton and W. B. Wilson, Jun, for the State;
Messrs. Bell and Hart & Hart for defence.
Indictment quashed, on the ground that the
goods alleged to have been stolen were Of
value under Jurisdiction of this Court
State vs.. VIM Leech and Lizzie Leech, col