The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-02-12


/ qucntly confessed his guilt to Mr.. Il.
IL. Kctchin, who went to Columbia
and identified the accused. Mr..
Mackcy argued in behalf of the defend
ant, and was followed by the Solicitor
for the State. His Honor charged the
jury upon the law relating to the case,
and after being out for more than an
hour they brought in verdict of
GuiNy, with recommendation to the
mercy of tho Court. Mr.. Mickey then
made a motion for q new trial, but
after argument, his Honor refused to
grant the motion.
Joseph Chapman, indicted for as
sault and battcryWith intent to ravish,
pleaded guilty.
The last case tried was that oftEe State
VS.. George Moore, indicted for grand
larceny. Moore was indicted at the
last term of the court for stealing u
COW from William Dunlap, but was
| not convicted. The present case arose
out Of the same facts. After short
delibcration the jury returned YER
dict OF "Not guilty." The prisoner
was represented by Mr.. n. NJ. Mack
cy. Upon the rendition of the verdict,
Judge Mackcy said: "Gcorgc Moore,
you can go. The jury arc satisfied that
you are too great a thief to receive
stolen goods"
On Wednesday morning the case O
the State VS.. jeff. j. Poscy and others,
charged with failure to work on the
public roads, after being duly sum
moncd to perform such work, was
brought up OH appeal from sentence
passed upon the defendants by Trial
Justice B. L. Elkin. The chief cir
cumstanccs ofthc case were given in
TIE News AND HERALD some time ago,
and need not be repeated. There was
somc misunderstanding between Mr..
Clarke, the attorney for the prisoners,
and Trial Justice Ellin, as to the rcgu-
larity ofthc defendants appeal. The pris
oncrs wcrc committed to Jail and made
application for bail on q writ Of ha6eas
corpus. last October before Trial Justic-
cs Neil and Robertson. At this time a
written notice Of appeal was served on
Trial Justice Elkin. Justices Neil and
Robertson refused the discharge, and the
prisoners then applied to Judge Mac
key for release on bail. His Honor
discharged them OH their rccognizancc
to appear at the present term of the
Court Of General Sessions. The case
now came up on the appeal from the
sentence of Justice Elkin. After hear
ing consideral argument upon differ
cnt points, Judge NIackcy called for
the. original finding of the jury in the
Trial Justiccs's court. The verdict of
jury was i'll the following words: owe
find William Christcr not guilty, the
other defendants guilty, but recon-
| mcndcd to mercy" This finding was
written on the warrant issued in the
case Of jeff j. Poscy, one Of the other
defendants. Judge Mackey ruled
that this verdict could not affect
any of the defendants holding
that the verdict in the case
of each defendant should be
written on the several warrants scpa-
ratcly. Upon this showing, his
Honor held that the sentences passed
by Trial Justice Ellin must be set
aside. The question next arose as to
what disposition should be made Of
the cases. The defendants counsel
made the point that the prisoners must
he discharged absolutely. and that to
be tried again they must be re-arrested,
and all proceedings had anew. The
Solicitor resisted this proposition,
holding that the defendants were still
i'll the custody Of the Court, and that
! the case must be remandcd to the
Trial Justice for new trial. The
Judge sustained the Solicitors view,
and al order was accordingingly
+ passed, requiring the defendants to
appear for trial before Justice Elkin
at Winnsboro OH the second day Of
March.
The prisoners convicted during the
term were brought into Court, and
sentenced as follows:
Scipio Cohen, convicted of assault
and battery with intent to murder, six
months at hard labor in the pcniten-
tiary.
Andrew Gadsden, convicted of
grand larceny, fine of five dollars
and costs, or three months imprison-
mcnt in the county Jail.
Joseph Chapman, who pleaded gull
ty of assault and battery with attempt
to ravish, four months ut hard labor
i'll the pcnitcntiary.
The grand jury made their final
prescntmcnt for the term, and were
discharged. Tho prcscntment will be
published hereafter.
Tho Court Of General Sessions was
then adjourned sine die, and the Court
of Common Pleas was opened. The