The news and herald. (Winnsboro, S.C.) 1877-1900, 1883-09-13

Esq, appeared 1or tho dcIcndant.
After remaining lin tho room until
about nine O'Clock OH: tuesday night,
whcntthey came into court with vcr-
dict of "Gnilty". 0
State VS.. Oliver 1Iatbcock and 9TH
ers, charged with refusal to work the
public roads. This was an appeal from
q sentence imposed by Trial Justice
Ncii. Colonel Rion appeared for the
defendants. The position taken by
him, on behalf Of the defendants, was
that rs they were railroad hands, they
wore exempt from ordinary road duty.
This position is based upon, the theory
TINT railroads are highways, and that
ono doing his quota of labor upon
them thus discharges the road duty
required by the statute. The case in
its different bearings was argued at
some length by Colonel Rion and Solic-
itor CASTOR. Judge Fraser took the
case under adviscmcnt. His decision
will be looked for with great Interest.
We are informed that there is case Of
the same character pending in the
Court Of Sessions for Chester county.
-E5c partc Primlis Arncttc. III this
matter, the petitioner had been re-
quircd to give surcties TO keep the
peace, and, failing to do so, had been
committed to Jail. lie afterwards,
through his attorneys, Messrs. Nc
Donald & Douglass and Ragsdale 81
ltagsdalc, sought to be discharged,
through writ Of ha6eas corpus.
Under this writ he was brought before
Trial Justices Neil and Cathcart, who
refused the petition. The petitioners
appealed to- the Court Of General Ses-
sions. Judge Fraser, after hearing
the argument of counsel, dismissed
tho appeal, on the ground that it shonld
have been taken from tn" Hrlal JUS
tees decision, to ths supreme Court.
On "Wednesday morning the Court
ontor-.s upon the trial Of the case of tue
state VS.. Alf. Smith, colorcd, charged
with arson-sctting fire to the house of
Duchy Mitchell, also colorcd. Colonel
JAS. II. Rion appeared for tic defence.
After ecveral challenges, the following
jury was empanclcd: ID. G. Robertson
(forcman), Al NJ. Wallace, Sampson
Harris (colorc:D, Lewis T. Wildcs, ID.
G. Ruff, Wm. j. Haynes, James P.
Cason, Thos. g. Rains, T.. a. Kcnnc-
dy, "A. J.IIamilton, j. B. Propst, j..
B. Patrick.
THO prosecuting witness, Duchy
Mitchell, testified, in substance, that
on Sunday, August 26, about midday,
from home. She had had no fire in
the house. She said that Alf Smith
had made threats to burn the house
unless she would give. him what she
had. lie had repeated; these threats
She also testified to seeing tracks. near
the house burnt, which she identified as
the tracks of the defendant. She said
that there was some money in her
trunk in the house.
w. W. Brice testified that he saw. a
track near the house burnt. On the
day of the fire | traced il from near the
house to the door Of Elijah i4nll's
house. | started to follow tho track
before the fire was burning. When
arrested, Alf said he had gone down
below Duchy's house, got IL water
melon, sat down under a peach tree,
and eaten it. l found where he had
eaten the watermelon, and tracked him
to point near the housc-about five
steps distant from the house, and then
InS n - -.
weeds. l measured the tracks particll-
larly, and the ditlercnt ones l have
mentioned were all the same. I meas
urcd them Oh Sunday and on Monday.
On Monday evening | saw the track to
within four steps of the house burnt.
There were cinders in the track.
Cross-eXamined: There is no public
road between the two houses-Alf's
and Duchy's-but there is private
road short distance from the house.
Redirect: The tracks l saw were not
in any road.
Daniel Sampson, colorcd, sworn: l
measured the tracks along with Mr..
Bricc. [ know Alf Smiths tracks. [
told him ] thought they were Alf's.
We found tile tracks right back Of the
kitchen and traced them I'd Lige. Halls
coor. Found the tracks in the gully
saw where they turned round towards
the ,fire-saw where somebody had
tried. to make double tracks. / think
the track was Alf's track:
No cross-cXamination.,
Edward Goley, sworn, testified that
he traced tho TRACKS. in the way de-
scribcd by Mr.. w. w. Brice.
No cross-eXamination.
Charles Bricc, sworn, also testified
Ii substance the same as Mr.. w. W.
Bricc-tracing and. identifying the
tracks in the samo way.
No cross-cXaminatiOn.
Toncy Erwin, colorcd, sworn: 7
saw Alf Smith at Ligc Iialps house
about one O'Clock OH the day Ducly's
house was burnt-as he came up the
hill tron tho spring. He said he
hadn't been to Duchy's housc-he had
just been walking about, looking at his
fcrop. | saw q man who looked mighty
like Alf Smith going over towards
DMchy's house about half-past eight
O'Clock. .-,;.
Cross-cXamincd: 1t was mo O'Clock
when [ saw Alf at Lige IIall's house.
The house was open.
Charles King, colorcd, sworn: saw
Ar Smith h coming fiom the spring on
the day the house was burnt. He was
coming from the direction Of Ducby's