Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-11-06
The Court ut Sessiums.
AN INTERESTING CASE.
Some Delicate Points of Circumstantial
Evidence. =

Some Delicate Points of CircumStantial
Evidence.
WAS SHERIFF GLENNS BARN BURNED
BY SPONTANEOUS COMBUSTION?
No case for several terms has excited more
general interest than that of the State VS..
Sylvanus Thornburg, tried in the Court
of Sessions last week, the specific charge
against the defendant being the setting fire
to and burning of Sheriff Glenn's barn on
the night of the 3rd, or morning of the 4th OF
September. With the facts pertaining to
the attempt by the sheriff and his deputy to
arrest Thornburg on the streets Of Yorkville
on the 3rd, his escape to his fathers house,
the summoning of a posse and pursuit and
subsequent capture of Thornburg, as also
the burning of the barn on the same night,
the public are familiar. The excitement
occasioned by all the events lent additional
interest to the trial. and during each day
of its progress all available space in the
courtroom was filled with spectators.
The case was heard before Judge Goth
ran, and begun on Wednesday morning,
the argument not closing until late Friday
afternoon. In consequence of the contin-
ued indisposition of Mr.. Solicitor CASTOR,
the Court assigned Messrs. Wilson & Wilson
to represent the State. The defence was
conducted by Maj. James F. Hart and Col.
Leroy F. Youmans-the latter gentleman,
as our readers know, of Columbia.
There was little trouble in securing jury,
the requisite number being drawn from the
regular panel.
Of the names drawn, fourteen were chal-
lenged by the defence; two were placed on
their uoir dire, and two were rejected by the
State.
The jury, as drawn, was constituted as
follows: J. J. Matthews, Madison Alexan-
der, colored D. B. McCarter, A. w. Hick-
lin, J. w. Wisher, S. NJ. Feemster, L. E.
Blair, William Ferguson, Rufus Chambers,
colored; Simon NJ. Mills, A. j. Hardin and
Edward Setter, colored, who retired to the
Hicklin.
The witnesses were excluded from the
courtroom, and the taking of testimony
proceeded as follows: ~
r. H. GLENN, saC0rn. [ am the sheriff OF
York county. had barn burned in this
county on the morning of the 4th of Sep
tember. The barn was II mile from town,
on the Adair's Ferry road. 1t was situated
about 40 yards from the public road. On
the day previous to the burning, 1 had an
had in my hands bench warrants against
William and Sylvanus Thornburg. saw
Sylvanus in town on the day before the
fire occurred, and as he rode by where I and
Mr.. Darwin were, I said to Mr.. Darwin, we
will try to arrest Sylvanus as he returns up
street. On his return we made the effort.
Thornburg drew pistol and dashed by us,
riding out of town by way of the Metho--
dist church. He was in advance of us, and
riding on he would stop occasionally and
use abusive and threatening language To-
wards me, swearing that he would not be
arrested. AS we approached him he would
ride farther on, keeping ahead OF us. In
this manner we pursued him to his fathers
house, he reaching there first. When we
arrived at the house, we found him arm
ed with gun, and he threatened that II L
did not leave there he would shoot me. In
the meantime sent to town for posse.
William and Sylyanus .eTG their fathers
house in the direction of the Finley place,
and I and my posse followed in the same di-
rection. T next saw Sylvauus next morn
ing while in arrest under ry son, Thomas.
When 1 first saw the lighl from the fire OF
my barn I was about three hundred yards
from Thornburg's house and IL or II mile
from the Court House. I think it was about
l o'clock in the morning. came on TO
town; went to my house and taking horse,
rode out to my place and found tSat 1t was
nv barn that had been burned. 1t was
about an hour by sun in the afternoon
of the preceding day when I attempted to
arrest Sylvanus Thornburg in Yorkville.
I left Thornburg's house about dusk.
heard firing of guns about II O'Clock that
night in the direction of the Finley house.
I do not know who occupied the Finley
house. It is about 81 miles from my barn
by the main road. To 60 through by Mrs.
Nets place and Leander Parish's, the dis
tance is about 81 miles. When l arrived at
nv barn, I found Leander Parish, George
Russell and some other persons there. We
commenced looking for tracks. saw some
tracks by the light of lamp. The tracks
were peculiar; the impression of them show
ed that they were not made by natural
walking. The tracks made peculiar i'm:
preston. I thought I knew the track, by
the popularity Of the impression of the
outside of the left foot and the inside of the
right foot. / believed at the time that the
tracks were those of Sylvanus Thornburg.
/ have known him seven or eight years.
Am familiar with his track. When 1 re-
turned home from the fire, on my first visit
to the place that morning, l learned that
Sylvanus Thornburg had been arrested, he
having been brought to Jail. 1 then noted
the track he made when he alighted from
his horse to enter the Jail. From the SINH
larity of the tracks, was so convinced that
the track at the barn was his that asked
him for his shoes, remarking to him that l
feared he would be in Jail a long time for
something worse than retailing liquor.
(Witness then identified the shoes taken
from Thornburg on the morning he was
put in Jail and explained to the jury the pc
culiarity of the tracks made by them, owing
to the lameness of the prisoner.) On COM
pairing the shoes with the tackS, the left
shoe, as to the tacks in the heel, correspond
ed exactly to the shoe. Every popularity
of the shoe was noted to correspond with
the track. There are eleven tracks in the
heel of the shoe, and the impression of the
track corresponded exactly with those tacks.
The shoes otherwise fitted the tracks. We
also saw horse tracks which appeared as if
they had been made the night before.
These tracks correSponded in size with those
made by Thornburg's horse, butt cannot say
as to whether they were made by his horse.
The condition of the road was dry and
dusty. I could not tell in which direction
the horse track came. Leander Parish lives
about half mile from the barn. / cam
not tell what time it was when I reached
the barn; it was before daylight. Of the
mans tracks, the left track examined was
coming from the barn; we examined two
tracks leading from the gate in the direction
of the barn. These tracks were forty or fif-
nv foot from the barn; not exceeding fifty