Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1881-04-07
Court pf Sesstuns.
THE SLAIN INDIAN.
TRIAL OF DUFFY AND OWENS.

THE SLAIN In DIAN
TRIAL OF DUFFY AND OWENS.
On Thursday last, in the Court of Sessions
for York county, his Honor Judge T. B. Fra
ser presiding, James Duffy and Hampton
Owens were put upon their trial on the charge
of having killed, by inAictiDg wounds with ,
knife, one Austin, alias Allen Harris, Ca
tawba Indian, who lived in the "Nation," OF
Indian reservation in the eastern part of thi'
county. These Indians are noted for theil
quiet, peaceful department, generally, they
seldom coming into court on any business
which is so noticeable, that when Wesley
Harris, the first of the Indian witnesses in this
case was sworn, an old member of the York
bar remarked that it was the first time he had
ever seen an Indian sworn in a court of JUS
tice. The peculiar surroundings of the de-
ceased, and the fact that his alleged slayers
are young white men-almost youthful in ap
pearance-attracted considerable attention to
the homicide, rendering it a case Of more than
usual interest. The jury of inquest returned
as their verdict that "the deceased, Austin,
alias Allen Harris, came to his death by a
knife in the hands of James Duffy, with
Hamp. Ovens and John Pardue accessories. u
Upor this verdict, Pardue, Duffy and Owens
were committed to the Jail of York county,
on the 1st of March but when the bill
of indictment was given to the grand jury on
Tuesday of last week, they failed to find a
true bill as to Pardne. He was consequently
released from custody. The State was repre-
sented by Mr.. Solicitor CASTOR, and the de-
tense was conducted by Messrs. Wilson &
Wilson, Witherspoon and Spencer, John c.
Witherspoon and John P. Gage.
The prisoners were duly arraigned at the
bar, and after the reading of the indictment
by the Clerk, each pleaded not guilty.
Before proceeding to impanel the jury,
Col. Wilson, of counsel for the defense,
moved the Court that each juror he put upon
his voir dire. Counsel made this request, af
ter conference with the Solicitor and he
thought this ancient custom should he observ
ed in the trial Of so important case rs this,
in Justice to the prisoners, the State, and the
jurors themselves. The motion was granted,
and the impanelipg of the jury was proceed.
ed with, each prisoner having the right of
twenty challenges. James Duffy exercised
this privilege first, obiecting to eighteen names
of the regular panel of thirty-6ve, from
which. however, nine jurors were accepted.
The jurors were drawn in the following or
der, each of whom was put upcu his volr
dire: Anthony Herndon, colored, VIM. W.
White, Wm Gist, colored, all of whom were
objected to by prisoner Duffy. J: A: Pursely,
accepted by both prisoners. j. W. P. Hope,
Fenton Diggs, Feemster Bratton, j. G. Brat
ton, John r. Gardner; objected to by prison
er Duffy. Michael Dover, accepted by both
prisoners. j. r. Bigham, accepted by both
prisoners. Robert Hayes, Julius A. Hope,
objected to by prisoner Duffy. VIM. h.
Taylor excused by the Court on his voir dire.
H. F. johnson, objected to by prisoner Duffy.
John r. Barron, accepted by both prisoners.
D. j. KimbreN, accepted by both prisoners.
John R. Ashe, objecteato by prisoner Duffy.
R. H. Cornwell, bound over as witness for
the State, which, the Court ruled, incapacita
ted him from serving as juror. D. P. Boyd,
objected to by prisoner Duffy. Alexander
Mckinney colored, accepted by both prison
ers. P. w. Lindsay, excused by the Court
on his voir Dire James Scoggins, objected to
by prisoner Duffy. Withers Adickes, object
ed to for the present by the State. Andrew
Jackson, colored, objected to by prisoner
Duffy. Sampson Hanna, colored, accepted
by both prisoners. E. G. Feemster, accepted
by both prisoners. Washington Childers,
excused by the Court on his voir dire. K. M.
Steele, objected to for the present by the State.
VIM. Ross, objected to by prisoner Duffy.
S. L. Miller, excused by the Court on his
voir dire. Robert Davidson, excused by the
Court on his voir dire James S. Hemphill,
objected to by prisoner Duffy. RI. Hagins
excused by the Court on his voir dire. Jo
seph C! GaUin, accepted by both prisoners
With the name of Mr.. Gwin the regular
panel was exhausted, when Withers Adickes
was recalled, and the State withdrew its OBJ
lection to him, but he was objected to by pris
oner Duffy. Robert M. Steele was then re-
called, and he was peremptorily challenged
by the State.
Three jurors being yet required to COM
plete the panel, the Court directed that the
number of twenty-six talesmen be drawn from
the FIVE mile box, to be drawn for this cause
alone. Under supervision Of the jury COM
missioner, the following names were drawn !:
John M. Raw linson, r. &, McCorkle, John
Feemster, colored, James +. Smith, Milton
Withers, colored, VIM. A. Moore, Samuel
Byrd, colored, w. F. Garvin, James l..
Clark, Ben. T. Moore, A. +. Gettys, John F.
Oates, It. C. Dunlap, M. L. Dickson, Harri-
son johnson, colored, j. W. Dobson, John
C. McClain, Henry Keller, Daniel M. Bur-
ris John L. Dennis, James F. Hyndman,
Creighton Miller, colored, Charles Gilbert,
colored, Rufus A. Parish, Calvin G. Parish.
Counsel for prisoners informed the Court that
Mr.. Garvin had recently removed to Rock
Hill, (beyond the limits Of the FIVE mile box
when it was ordered that another name be
drawn in his stead The next name drawn
was that of John J. Hunter, who, it was
announced was absent from home The
Court, however, declined to order the fur
ther drawing of names, expressing the belief
that Jury would be obtained from those
already drawn, and at this hour, 1l.30. a
recess until o'clock was ordered, to give
the Sheriff time to summon the jurors just
drawn.
Court convened at 3 o'clock P. NJ, when
the Sheriff made his return that all the jurors
on the special venire except two-Creighton
Miller and Harrison johnson, who could not
be found-had been summoned. The names
of those summoned were then called by the
Clerk, and all answered. The impaneling
then proceeded as follows: j. E. Smith, ex-
cused on his voir dire. John C. Nc Claim,
accepted by both prisoners. John F. Oates,
objected to by prisoner Duffy. IT, c. Dunlap,
objected to by prisoner Duffy, which was the
twentieth and last challenge to which he was