The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1881-06-15

pied the whole of last week. The fol
lowing cases were disposed of:
State VS.. Isom Workman and Jno. L
Satterwhite, continued, under appeal Il
the Supreme Court.
State VS.. B. Harmon and Joe Salter
Trespass on lands; appeal from Tria
Justice Court. These defendants were
arrested and carried before a Trlal JUS
tice. charged with trespassing on lands
They demanded jury, and tie Tria
Justice required them, as a prerequisite
to getting a jury trial, that they put
up" the money to pay the jury. This
they did. The jury disagreed. They
were again brought up for trial. and
again the Trial Justice demanded the
jury fees in advance, and the defendants
refusing to put up" the money the
Trial Justice tried them withouta Il jury.
They were convicted, and sentenced to
a fine or Imprisonment. Mr.. Packer,
representing the defendants, appealed
on the ground that they had not been
legally tried. The Circuit Judge sus-
tanned the appeal, holding that an ac-
cused person is entitled to q jury trial,
and that he is not required to make any
provisions beforehand for the payment
of the jury. The case was remanded
to the Trial Justice.
State VS.. Calvin Gallman, assault
with intent to kill, and assault of high
and aggravated nature. Some sheep of
Mr.. Thos. H. Adams got into Antony
Moons field; Moon had them put up,
and sent to Mr.. Adams to come and
get them. Mr.. Adams went, but when
he got to the stable where The sheep
were confined he was met by the de-
fendant who demanded pay before the
sheep should 60. MIR. Adams refusing
this demand and attempting to take the
sheep away. the defendant fell upon
him and beat him severely with brick
bat over the head and shoulders.
Messrs. Jones & Jones, who represent
ed the defendant, proved thatthe defend
ant was working for Antony Moon for
two-hfths of the crop, and insisted thathe
therefore had right to hold the sheep,
(by force if necessarily till he was paid
for any damages they may have done
him. The Judge charged that the de-
fendant could not hold the sheep for
damages even had they done him any
damage; that the law only gives the
"owner of the land" upon which stock
trespasses the right to hold theci for
damages; and that in this case Antony
Moon, who had rented the land, was
for the time the owner, and therefore
the only party entitled to hold stock for
trespass. The jury found verdict of
guilty of aggravated assault and bate
ry.
State VS.. Oscar Jones, assault with in
tent to kill. and assault and battery of a
high and aggravated nature. This de-
fendant pleaded guilty to the latter
charge.
State VS.. Willie Ruff, Rape, and as
sault with intent to ravish. The prose-
cutting witness in this case was a stout
colored woman of 25, the accused a col
ored boy of Is. She testified that she
was put in fear of her life by threats
and thus overpowered. The case looked
a little tishy, and the jurS said Not
Guilty.
State VS.. Ella Robertson, Pleas Rob-
ertson, Jim Robertson, Bob Porterheld
and Harriet P Perter6eld, Grand Larceny.
These parties, all colored, were charged
with stealing two bales Of cotton from
Mr.. +. H. Dominick. The evidence
showed that Bob Porter6eld worked
land of Mr.. Qominick last year; and
that he was indebted to Mr.. d. Mr..
Dominick, the prosecuting witness. tes-
tilted that Bob turned over these two
bales of cotton to him IN payment of the
indebtedness. The testimony raised
considerable doubt as to whether it was
complete contract-whether Mr.. DOM
mick had accepted the cotton in the
sense be testified it was ofered-in full
satisfaction. There was some attach
ment and claim and delivery proceed
ings in connection with this same cot
ton, and the whole affair was about as
badly "mixed up as 'them babies'. 1t
had very much the appearance of try
ing the title to personal property in the
Sessions Court. The jury couldn't de-
eide the question Of title, and therefore
couldn't agree. A "mistrial" was en-
tered; and the accused were let out on
$500 bail, except as to Pleas Robertson
the case as to him was mol pros'd.
Mr.. Schumpert and Mr.. Carlisle de-
Tended the accused.
The State Us. Milledge Snow, OBJ
structing Rail Road Track. This case
has been on docket for several terms.
The indictment was quashed during
Col. Balls term on technicality, the
indictment failing to allege that cars
were drawn over the track Sy steam en-
gines. Mr.. Robertson testified that he
saw Snow place a "chair'', piece of
iron used on railroads, on the road be-
tween Saluda Bridge and Chappell's,
and that be found two other "chairs"
on the road near this. The proof was