The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1883-07-19
The Court of Sessions.

The following business was transact
ed in the criminal court after we went
to press last week:
The State VS.. Coleman Hicks, Jr., and
Charley Gallman, burglary and larceny
guilty. The prisoners, who are
about sixteen years of age, were SEN
tencedt to hard laborin the Penitentiary
for the term of their natural lives. A
new trial was refused, aud the prison.
ers appealed.
The Statevs. Aaron Milling and Jen-
ME Milling. receiving stolen goods
knowing them to have been stolen
not prosecuted.
The State VS.. Albert Myrick and
Martha Myrick, attempt to poison
guilty as to Albert: not guilty as to
Martha. On Friday morning a motion
for new trial was made in behalf OF
Albert Myrick, but it was refused, and
he was sentenced to ten years in the
Penitentiary.
- Zachary Taylor, convicted OF assault
and battery of a high and aggravated
nature. was sentenced to term OF
three months in the County jail, or a
fine of $50; he paid the fine.
Luther Rish. convicted OF carrying a
pistol concealed about the person, was
sentenced to two months in the Coun-
ty jail, or $25 fine.
The petit Jurors. with the exception
of those engaged in the Myrick trial,
were discharged Wednesday afternoons;
tbe rest were discharged Thursday
evening.
THE SATTERWHITE BOND.
A rule having been issued against
Kitty SatterWhite, a surety on the bail
bond of John 2. Satterwhite, requlr--
ing her to show cause why the bona
should not be estreated, the defendant
answered, denying any liability on the
bond. She admitted that she signed
as a surety, but she sought to avoid all
liability, on the pleas:
/. That the bond was not executed
as prescribed by law, and was there
fore null and void. The statute re-
uuires appearance bonds to be acknowlr
edged before a judge or trial Justice;
this was acknowledged before the
Clerk OF Court, by order OF Judge
Wallace.
,. That she was not twenty-one
years of age when she signed the bond,
and it was therefore not binding upon
her. The bond was executed in May,
1881, and she was born in October
1860, according to positive proof. The
case was argued Thursday afternoon.
There We're other grounds OF defense,
but these We're urged with special
force. As to the first, tie Judge
decided that it has been the almost in
variable practice Of the Judges OF this
State. to order such bonds to be taken
and acknowledged before the Clerks
of Court. If this is wrong, it is a
common wrong, and therefore law.
ConaneausiS error tact jus.
As to the second plea, the Judge
decided, on the evidence, that Kitty
Satterwhite was not twenty-one years
old when she s'gned the bond, though
she swore at tie time that she was.
He took an unexpected turn, and de-
cided that re ogniZance to appear IS
not simply a ond for the payment OF
money, and it is not simple contract,
such as may b. avoided on the usual
grounds. 1t i; of the nature of judg-
ment, and tie signers acknowledge
the existence a subsisting obligation,
which is of record. Kitty Satterwhite
can no more avoid this bond and escape
from her liability as surety, than she
could avoid judgment regularly oh
tained against her, according to law,
during her infancy, and part OF the
records of the court.
1t was therefore decided that the
bond be estreated, in other words, that
it be paid-the condition having been
broken. The Court of Sessions adj
iourned Friday morning.