Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-06-25

matters pertaining to their obligations, and their
duty to enquire whether or not the rights OF
citizens have been properly regarded and the
laws fully obeyed.
If laws, whether good or bad, have not been
properly obeyed or enforced it is generally the
fault Of the courts and jures of the land. In
proceeding to act upon presentment, IL Is tne
duty Of the grand jury to enquire on behalf OF the
State; to enquire if the State has made ont
case-a probable case-a case of guilt at rrst
husband if such is your conclusion, then IL IS
your duty to return a true bill. 1t is not neces-
sary to examine all the witnesses marked on the
back Of the Indictment if probable guilt is estap-
lished by part of them; but it is necessary that
twelve of your number should be satlshed OF
guilt before returning a true bill.
After instructing them as to other duties IN
the grand jury room, the mode of examining Wit
nesses, impressng upon them the Importance
of secrecy in their deliberations, &C., he charged
that it is the duty ofthe grand jury, at least once
year, to enquire into the administration of all
the officers Of the county, whether those officers
hold their positions by election or appointment
The law does not contemplate that an inefficient
man shall hold an office and while it was not
intmated or presumed that any public officer OF
York county is inefficient or incompetent from
to make inquiry into the administration of all
the offices, and should any officer be found un-
worthy of his trust, report the fact and let the
office be declared vacant When the rights of
q private citizen have been violated he has a
motive for making prosecution; but when pub
lie rights are invaded, the private citizen does
not feel the force Of motive, and hence 1t is the
duty of the grand jury to enquire into the public
interests of the county.
It is not for the grand Jury nor the judge on
the bench to enquire into the merits of law
to say whether a law is beneficial to the people
or oppressive-but it is our duty to enforce the
law as it stands upon the statute book; and when
we neglect our duties in this important respect
we are recreant to our trust, to the preservation
of peace and order and to the best interests of
society.
AS the cause of the violation of the law, and of
disorder in our State, what two agents are more
potent than spirituous liquors and concealed
deadly weapons carried on the person? The en-
! qury does not apply to this community especial
ly, but unfortunately to almost every portion of
the State; and it is plain proposition that If the
| law governing these two subjects were properly
| enforced, the condition Of affairs in our State
would be better. While there is not a morela
abiding community than this, or a more law
abiding State than South Carolina, yet unfor-
tunately there are exceptions, and it is the duty
of conservators Of the peace to rigidly enforce
| these laws.
The law regulating the sale of intoxicating
| liquors must not be eyaded. The law prescribes
how liquor may be sold in this State, and for
the suppression Of crime it is our duty enforce
| the law.
AS to the carrying Of concealed deadly weap-
ons, the Legislature makes it an offence against
the statutory law. In some sections of the
| State-I do not include this community, for l
have better opinion of our people in some
sections Of the State this law is violated with
| mpunity. 1t is our duty to enforce these laws
while they are of force If any law is deemed
oppressive, it is competent for grand jury to
respectfully memorialize the Legislature to re-
| peal it and enact a more wholesome law; but 1t
| is not proper for juries to attempt to repeal an
obnoxious or distasteful law by the character OF
their verdicts.
His Honor closed his charge by giving some
general instructions as to the duty of the grand
jury to enquire into any violations of law
brought to their notice. whether or not presented
by the Solicitor
| A number Of presentments were then given
to the grand jury by the Solicitor and they re-
| tired to their room.
The Clerk then called the petit jurors and they
answered to their names as follows: Fl. F.
Adickes, J. F. Adkins, Perry Anderson, col
ored, n. B. Bratton J. n. Barnett G.. A. Cowen
j. D. Colcock, j. X. Carothers, F. NJ. Collins, j.
J. Choat, William Caldwell, ]. S. Dillingham;, j.
A. Erwin, S. S. Faris, r. A. Gwin, Robert Hayes,
R. L. Lindsay, J. B. Lynn, e. ?. Love, Miles
I.ockhart coored, j. NJ. Mccullough, J. F.
| r t. L. Il.
Packard, r. +. Sadler, J. A. Shurley, j. f.
Steele. r. A. Smith, J. NJ. Sherer, VIM. Whyte,
A. C. Williamson, J. P. Epps w. B. Isler, J. c.
| Patrick.
The first case taken up was that of the State VS.
J. R. Hoyle, charged with assault and battery
with intent to kill. The offence was committed
by the shooting with pistol and wounding OF
James Strickland in the streets Of Glover on the
18th Of February, 1854. The defendant was not
in the court room, nor was Strickland present
Mr. McCaw for the defence. The case was pro-
ceeded with however, and a number of persons
who witnessed the shooting testified as to the
circumstances attending the affair. Both parties
were under the influence of liquor, and the de-
fence relied mainly upon the defendants crazed
| condition by strong drink at the time OF the
commission of the deed. The court charged
that such plea could not enterin eXtenuation o!
| the deed if in the opinion Of the jury it was
committed in malice and with intent to kill. The
Jury rendered verdict of guilty. Sealed SEN
| tence.
The remainder of Monday, and nearly all OF
Tuesday, was taken up with the trial OF Andrew
Glover colored, charged with burning the stable
and gin house of Mr. James Sutton, near Fort
Mill last November. This case was heard at the
last term and resulted in mistrial. The jury
returned verdict of guilty with recommends
ton for mercy.
CHURCH NOTICES.
Associate Reformed Presbyterian. Licentiate
J. NJ. Grier will preach at Tirzah on Sunday next
at II A. NJ.
Baptist-Rev. J. E. Covington, Pastor Ser