The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1881-02-16
COURT OF GENERAL SESSIONS.
The ConstitutiOnality OF the Stock Law
Law Observation-Disclosures of Death
Pronounced on Abram Martin.

Our record of Court Proceedings last week
was up to and Including Tuesday evening.
We resume from that date.
DISPOSITION OF MINOR CASES:
WEDNESDAY,, February 9th.
The first case called was that of The State VS.:
Henry Riley ,Jr., indicted for assault and bat
tery with intcntt kill. Continued oh motion
of Nj. G,ry for the defence.
Next In order WAS the state VS.. John Fell,
Indicted for maliciously deficing and inutila.
ing building. Mr.. Mngill represented the tie
fcndant, and mad2 an aulc anu Jealous defence
but to no purpose. The jury found him
guilty.
Then came the case of The State VS.. Geo. A.
Hamilton, Indicted for malicious trespass.
Mcssrs. DeBruhl, CaSOn and Gary for The de-
fence. The proof OH tho part oil the State was
that the defendant entered on lane which he
knew had been leased t. another, and refused
To leave when ordered to do SD. Un the part
Of the defence 1t was shown that the defendant
believed thai he had leased the land In queS-
ton, and was acting in pursuance Of what he
believed to he his right. The Jury found him
not guilty.
The last case on the docket was one against
Richard sample, Enucl Matthews and oliver
Mays. indicted for conspiracy to drive away
labOrcrs, and ais for conspiracy TO entice
away laborers. Only Richard sample had
been arrested, but the defence being u InIsde.
lncanor the other two were put upon their
trial In the absence. Mr.. Bonllam REPRESENT.
cd Richard sample. The SLATE underu,pk to
prove IL cnn%pfracy between these parties to
drive. by threats of viOlencennI bodily harm,
one John Adams from fulfilling his contract
to labor with ThOs. n. Shadrack for the pre-
ent year. The evidence for the defence went
To prove that there was no connection between
these parties, and Introduced testimony 10 re-
but and explain the evidence OH the part Of
the State. The jury brought In q verdict OF
not guilty.
THE STOCK Law HELD TO BE VALID, MI AN
I
THURSDAY, February 10th.
Appeals from Trial Justices were taken UP.
The first c;lSe called was the State VIZ. Samuel
j. Hester. This was an indictment under the
stock law act. Mr.. Montcilh for appellant.
This wa hGtrd ON the papers as sent up. the
jn'ies having been excused ill the next Tues
day.
SubJoined is the record of the Trial Justices
Court:
The State VS.. Samuel J. Hester. In Trial
Justice Court. TrespusS by stock.
A OF SOUTH CARoLINA,l
ABBEvlLL.E iOCNTY.
Personally appeared before me, NJ. c. Toll
man, II Trial Justice Of said State, Plafes c.
Martin, who, being duly sworn, says: Tint
on the 18th day Of January A. d. 1881, in the
cnunty and stale Aforesaid, ono Samuel }.
Hester did malici0uSly, unluwlully and negli-
gently permit certain Of his stock, to wit, two
head of cattle TO go upon the !anIs OF this de-
punent and that Hugh X. Gilbert and Willis
Heard are material witnesses 10 prove the
facts above stated.
PnAnEs C. MARr1N.
Sworn to before me This the 18th uay OF Jan
uary A, u, 1881 NJ. o. ToLMAN, +. j. y. C.
STATE OF SOUTH C%AKoLINA,(
ABBEYILLE COUNTY.
By NJ. O. Tolman, Trial Justice IN and for the
said State. To the Sheriff or any lawful
constable Of said county:
Whereas, complaint. upon Oath, has been
made unto me iy Phares G.. Martin that. III the
county and Slate aforesaid. on the 18th day Of
January y. ID. lSSl. one Samuel J.. Hester did
maliclOusly, uniawlully and ncgli.ently per.
NIT certain OF his stock, to wit, two head Of
cattle 10 30 upon the lands of the said harcs
G.. Martin,
These are therefore to command you to ap.
preilcnd the said Samuel j. Hester. and brig
him before me to be dealt with according u
law.
Given under my hand and seal this the Goth
day Of January, In the year Of our Lord one
thousand eight hundred and e4ghty-one.
NJ. o. TOLMAN, IL. 81
Trial Justice, Abbcrille county.
Pharcs c. Martin being sworn, says: Ont h
9th day of January, 1881, he found two oxen
In his. wheat field; hcknew the oxen To be the
property of Samuel J. Hester: witness drove
tn lis lot and -.r.G them up; they remained In
...e pm aouut an hour; a negro man named
John Dunvicr came to the y and inlnlr.
ed for the oxen; said he was III the employ
niento Of Hester; gave up inc oxen. Out SEM
word IT, Hester that he would prosecute him
for trcspas> by stock; witness has seen Hes
ter's caves running at large, on one OCCASION
last fail saw Geo. Abe drive 10 ~llcsler's
field on this occasion EIcStc" told Ahle rot
to drive up his calves again, thrt he would
turn uut his cattle whenever lie pleased.'
PHAREs Y. MARTIN.
Hugh r. Gilbert being sworn, says: He has
heard the defendant Samuel j. Hester after
ward say, In the last twelve months, that he
would turn out his stock and that they Nigh
20 where they pleased never helrd thiss said
with particular reference to Mr.. MARITIME
Lind. but In n general way. since the BEGIN
uing of this acton. heard Hester say he sup
posed his oxen had been In Martins field. bul
that he did not care, II. X. GILBERT.
Before me
NJ. o. T0IMAN, TIL
Defendant offered TO prove that ut an cleo
ton held nndert the fence law the township &c
Jcctcd the act by q large majority. Ruled gu
us irrcierUnt.
On hearing the testimony in this case, the
defendant samuel J. Hester was sentenced Il
pay 81 fine Of one dollar and costs, or be I'm
prisoned tive days. Whereupon he served up
ON me the notice Of APPEAL hereto attached.
NJ! o. ToLMAN, Trial Justice.
STATE OF SOUTH C%ARoLINA,)
A~BDEvII.LE COUNTY.
The State VS.. Samuel J Hester. Indictment
trespass by stock.
The defendant Samuel j. Hester appeal!
from the Judgment and sentence In the above
stated cas-, on the following grounds:
ISL. tbCciluSS IiIc ftCI vi HSSc'1ulS uuucl
which this prosecution Is brought Is nncon"ii
tutioual. being IN Conflict with section 70. ar
ticlc II OF the Constitution OF south Carolina
tlicL with SECTION 10, Article I. Of the Constitu
ton OF the United States.
VS.. MoSTEIrH, DEFENDANTS Attorney.
At the Judges request MIR. Muntclth reas
the above named act.
tor In reply, and decided that the first grounc
! of appeal was %untennlle. That Sectinil ! Wal
germnne 30 the title IF the act, hut that ever
II the act were demonstrations! In that para
tuition. That stock being driven on LIANT
might well be determined to be u trcspass I'm
der the act.
?. That the stock law was not a contract be
cause 1t had been allowed to the people TO vote
on the question There was no consideration
hence there WAS no contrac'.
3. That The third ground Is equally nntcna
bic. The judgment sentciice OF the Iria! JUS
ticc IL confirmed.
The order was submitted by the Solicitor
and Mr.. Montcith gave notice OF appeal:
Another case against William Is. Martin wa!
called and continued.
TIE CASE OF ADRIAN MARTIN.
The prisoners were then brought In for sen
tence. First, Ahram Martin was sentenced
His Honor spoke with much feeling. as tol
lows:
1t becomes my duty MS the organ OF the law
I'd PASS I've sentence lUlIOscU ny law lOl CTllnc
committed. You have been convicted Of nr
offence the most atrocious Of which any hu'
ma being could be gullty-Lhe taking OF hu
man lifetime life Of your aged wife, The wife
Of your bosom with whom you have lived fol
many years. the mother Of grown children
bound to you by all the tcuderest ties. You
counsel conducted your defence with great
zeal and ability, and the humanity OF the law
ond trial. Both juries found YOU guilty, Yor
said to Mr.. Cothrln that you did not Know
what made you do the decd. am sure that
none can know except yourself and God. Il
was one OF those unaccountahle crimes wrap
up In mystery. There was no evidence OF 1
breach of harmony between Q aud you
w~ife-nolhing 10 Indicate the thought OF 81
terrible a crime. You went quietly to rest a
night and In the morning before day lightyot
summoned. by your cries. the who'e neigh
bOrhoOd to witness the dee you had done
The fatal blow was stricken behind the garden
fence, thirty yards from where the body wa!
found. Tile beads and lit @ trinkctS which
she wore upon her person-perliaps your owr
gift in some moment OF Affection, were founL
Scattered along the ground with traces o
blood marking the path along which her body
under the tree. Along The path you lait
limbs of trees to build up n story Of a false de
fence so that 1t would appear that she wa!
killed by u falling limb. Unhapplly FOR you
the limbs were not limbs Of the tree under
which she lay. but Of another tree. The very
effort to conceal your crime only fixed you
guilt more clearly upon you. BY your plea 0
insanity you claim exc { ptinn from punish
meut for the crime, because or insufficient ca
pacity. 1t is said you arc Of weak mind, thai
you have weak-Ininded relatives. that you,
head lacks Developments; that for some time
before The commission of the crime you mani
tested Il, lection. Mr.. Cotiiran said that 20,
were not able or did not attend to your bust
ness as you had been accustomed to do. 70
had d good character. iOu were employed By
Mr.. Cochran TO: five years and he spoke vel
of YOU. All these circumstances makes TIT
int mt more mysterious, and incline one Il
doubt whether you are the f1erd your afro