Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-11-06

asked, explained different roads by which
his barn could be reached from the Finley
house. Of the several roads he did not
know which was the nearest.) Thinks de-
fendant had been drinking on the afternoon
that his arrest was attempted in Yorkville.
After he was put in jail he told me he had
been drinking. I have known him for sew
eral years. Never had any difficulty with
him or any of his people. Nine years ago
they established saw mill on my land.
ThOrnburg is cripple He came there some
time after his father located on my land.
The young man spent portion of:his time
in North Carolina, and a portion in York
county; was passing between the two. His
father lived on my land four or five years.
think Sylvanus was at Cherryville, N. c.,
have never seen him on my place since his
father moved from it; nor can tell of his
Sylvanus walked with more
lameness some years ago than he does now.
have seen him walk without stick. He
had no stick on the evening that / attempt
ed to arrest him, and he then walked live
ly; but in walking he did not move his
feet like an ordinary person. I saw four
tracks; two of the left foot, one of the right
foot, and l think saw one more of the right
foot. Am certain Of three, and l think l
saw four. The public road passes my prem
ises and opens into the barn lot. One track
was outside of the gate in the road. can
not tell when last it rained previous to this
burning. There was rain on the day of the
political meeting at McConnellsville; it was
not q light rain. One of the tracks was near
the centre of the gate-a right foot track.
Another was near q stump inside, where
the ground was soft, between the wagon
way and the stump. The next was near a
post oak tree. The track nearest the barn
was not in the wagon way. Outside OF
the wagon way the ground is firm. Near
the stump the road way was obstructed by
a pile of timber. He could have approach
ed the barn from any direction. The pris-
oner's shoes have been in my possession
ever since he was arrested l have refused
and declined to exhibit them to the defend
ants counsel. have shown them to some
George Grist, and to members of my family.
TO question by counsel for defence, Why
did YOU refuse to exhibit the shoes to de-
fendant's counsel? the witness. replied !:
Defendants counsel had the tracks, and l
had the shoes. Defendants counsel shovel
ed uD the tracks, and as he had them, to
make things even, held on to the shoes.
I did not show the tracks to defendants
counsel. He found them and moved them
away.
Mr.. HART: object to the witness making
such statement that shoveled up the tracks.
WITNEss-I will prove it.
The cross examination then proceeded !:
The ground slopes in northwest direction
from the house to the barn. Water flows
across from the house to the barn the slope
is slight; fall of two or three feet from the
house to the barn. An old negro woman
who lived on my place two or three years
ago told me she was afraid she would be
burned out. She was not my tenant. l
have two tenants-Greene Simril and John
Simril. They once expressed fears that
some cotton they had on my place would be
burned, and they moved it. had cotton
there which did not move, having no fears
that it would be burned. The woods near
there were burned some time during last
Spring. The fire was on Mr.. Herndon's
land. I have in my handsa warrant for the
arrest of Jack Stewart, charging him with
assault on John Ramsay. / went to make
the attempt to arrest him in July or August
last. I did not succeed. He ran and got
away from me- I fired my pistol as he ran,
but lt1d not fire ut him. Inevert try to snoot
d man when he is running from me. My
dogs ran him, butdid not catch him. They
bayed him time or two. l started for him
in the afternoon and attempted until sun,
down to effect his arrest. The dogs used
were common hounds and a bull dog. L do
not know whether or not they caught him.
I have not seen Jack Stewart since the day
I attempted his arrest. The attempt was
made five or six miles from my barn. |
know nothing of Jack Stewards character.
Mr.. HART: Has it not been said that the
supposition was that he burned your barn ?
WITNESS: have heard that one Of your
witnesses has said that Jack Stewart burned
it. I have heard through Sam Ferguson
that Jack Stewart was in the neighborhood
a week ago. D. N. White lives on my
place. He came there last December. |
know that the United States government
charged White, last March, with selling
liquor contrary to law, previous to that
month. He was not arrested on the charge
until since the burning of my barn. went
on his appearance bond. The barn was de-
stroyed when got there. made no other
within thirty feet of the barn. A portion
of the fences running from the barn had
been torn down. The road is a common
way of passing in and out from the barn. |
saw some horse or mule tracks; examined
the road for them. These tracks were above
the gate leading up the road, and CORES.
ponded with tracks made by Sylvanus
horse. 1 noticed nothing pc
culiar about the horse tracks. For direct
route from the Finley place to my barn it
would have been natural for him to have
passed through town, though do not know
which road he might have taken. l exam
ined no road for horse tracks except near
the barn. remember the testimony given
by me on the preliminary examination,
relative to the woods burning. Also, the
old woman who said she was afraid OF being
burned out. Her fear was that l. II. Parish
would burn her house, and when she told
me SO I paid no further attention to it, not
believing that he would do me any injury.
When went to arrest the defendant, on the
3rd of September, l had in my hands a
bench warrant issued on the 9Th of April
last. He had Just returned here from North
Carolina. He did not complain to me that
l had failed to give him notice Of my in
tentiOn to arrest him. / never made any
such promise that would give him notice !;
but l did tell his father that l should GER
tainly arrest him on the first opportunity.
When 1 approached him had the warrant
in my pocket; He did not give me an op,
portunity to show the warrant. l put him
in the dungeon with j. O. Walker, who
was arrested with William Thornburg. [
put them in the dungeon together to pre-
vent them from communicating with Will
liam Thornburg, who was also in jail Tor
retailing. kept them in the dungeon un-
til William ThOrnburg was released from
Jail. During this time 1 received a written
remonstrance from defendants counsel rela-
tive to the confinement of Sylvanus in the
dungeon. Can produce the paper if it is
wanted. put no detectives or spies in Jail
I am above doing any such thing, and l
deny ever having done so. Such thing
has been done in this Jail, but deny any
with it. I never have stated to
any one that had spies in Jail. I heard
shooting on the night of the attempt to