Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-07-14

and the general expression was peculiar. He
went from where I was to Mr.. Simmons buggy.
Henry Williams, sworn: / saw Daniel James
just after dark on the evening of the shooting.
l met him Just this (south) side of the ENQUIRER
office. He and Sam Carroll were together;
James spoke in a singular manner to me-, and
from his actions l did not think he was in his
right mind-judging by the past. l have known
him since 1856. On one occasion last Fall l spoke
to him and he made no reply. / met him III the
road, and spoke to him. lie made no reply;
but on coming up closer to me he stopped and
then struck out through the woods. | thought
his conduct was peculiar.
Cross-examined: | cannot say that he knew
what he was doing.
John G.. Dickson, sworn: / knew Anthony
Blalock. Liquor was sold at his house. l
bought from him a time or two.
q. j. Hoke, sworn: Anthony once brought
some brandy to my house, which | bought from
him. He said he got it from Noah.
John S. Ward, sworn: / was i'll the jail when
Daniel James delivered himself. l saw him
that night. His condition was nervous and he
seemed outdone. A party of us were playing
cards and we invited him to join in the game;
but he was too nervous to play. / talked with
him after he went to his room. He did notsleep
that night. I saw him walking in the passage
between the rooms, and afterwards saw him
sitting up in his bed. He did not eat. The
prisoners convicted that term of Court left that
week for Columbia. 1 am in Jail as a United
States prisoner for selling liquor. l asked him
that night why he was there, and he told me he
came for protection; that there was a crowd al
ter him and he did not know who they were.
His face was of a bad color, the skin greenish
yellow, and his eyes red for several days.
Jos. +. Wallace, sworn: / have known Daniel
A. James for twenty years. His reputation
is that of a peaceable man, not vicious. do
not know Of his ever being in a difficulty.
r. H. Glenn, recalled I have known Daniel
James twenty-five years. His disposition is
peaceable. I have never known him in any diff
ticulty.
A. Springs Withers, sworn: l met Daniel
James on the night of the shooting; just after
supper, about half past seven o'clock. He and
Sam Carroll were together, near Mrs. McCaw's
residence. From his conduct towards me, |
thought there was something peculiar about
him. I spoket to him as l usually do on meeting
him.. But I failed to attract his attention.
DR.. j. Rufus Bratton, sworn: l am a practl-
cling physician. Counsel for defence then pro-
pounded a hypothetical case, describing the con-
dition of the defendant, as testified by the wit
nesses who had preceded DR.. Bratton, when the
Doctor who did not hear any of the
having Just arrived home on the train and come
direct from the depot to the Court House, an
swered that if such be the proven history OF ms
case, the man was not in a sane mental condl-
ton. He was evidently afflicted with delirium,
which frequently occurs without tremens. IL
does not follow that tremens should accompany
delirium. Stimulants are necessary 10 relleVe
the nervous condition of the person so affected.
Cross-examined Habitual drinkers are more
liable to delirium from suddenly stopping. Inc
described appearance would indicate a derange-
ment Of the nervous system. Two or tnree
drinks just previous to the shooting would not
have relieved his condition. To have the proper
effect, would require three hours at least.
Had he taken several drinks it is probable 1t
would have relieved the delirium.
Redirect; One drink at II, nine hours pre-
vious, would have no effect. Two more drinks,
r.o,, I I 4 ~ l,rl, p.o,,1l not ra1iava the deli rlnm.
The stimulant is necessary to drive the blood
to the brain.
Eliza Wilson, colored, sworn: I was sum-
moned as a witness for the State. l saw Mr..
James on the evening of the shooting. ne
spoke to Anthony in a friendly manner, hal
lowing to him, "How d'you do, Bla?" and An
thony replied in a friendly manner, "How d'you
do, Mr.. james," They appeared to be perfect
Cross-examined: I did not think there was
anything wrong about Mr.. James.
Defence closed.
THE STATE IN REPLY.
Samuel b. Carroll, recalled: 1 was drinking
some myself that day and noticed nothing pecu-
liar about Mr.. James. He and l took a drink
together about dark.
Cross-eXamined: We had but a small quantity,
which we divided, each one taking a small
drink. We were on the lookout for some when
we walked up the street.
The defence closed, and after argument by
Major Hart for the defendant, in a short but ana
lytical review of the testimony and All eloquent
appeal in his behalf, and argument by the Solicit
tor, in which the side of the State was presented
succinctly and analytically, his Honor charged
the jury, carefully explaining the law as it ap-
plies to the case as presented by the testimony,
and at half past 7 F. NJ, the jury retired. Just
two hours later they returned a verdict OF guilty
of manslaughter with a recommendation for
mercy of the Court"
On Thursday morning the case was called OF
the State vs.. VIM. Casey, Robert Brooks, An
drew Nicely and Robert Barnett, all c%olored, and
charged with gambling. A nolte prosequt was
entered as to Robert Barnett. Andrew Nicely
and Robert Brooks pleaded guilty. VIM. Casey
had not been arrested, and as to him the case was
continued and transferred to the Contingent
docket.
The case of the State VS.. James Miskelly, col
ored. charged with the murder of Andy john
son, colored, near Glover, in this county, on Fri
day the End instant, was called. Messrs. j. e..
Chambers and John L. Mason appeared for the
defendant and announced themselves ready.
The following jury was empaneled A. +.
Smith, Foreman John L. Rainey, j. E. Gettys,
J. +. Moore, E. A. Crawford, &. w Foster, F..
P. Giles, John J. Roach, c.. c. Weber, R. NJ.
Steele, J. F. Isom, r H. Cornwell.
The killing was not denied. The quarrel
which resulted in the death of Andy Johnson
had it's origin several days before, in an accu-
sation made by him that Jim Miskelly's wife
had stolen some cabbage plants from him.. On
the fatal Friday evening the TWO men met in
the public road about half way distant between
the residences of Mr.. D.. P. Boyd and Mr.. w.
R. Brison, Andy riding a mule with a bag OF
corn, on his way to Armstrong; mill. The
quarrel was renewed and ended in the death
of Andy, he having received three severe stabs,
one in the breast, one in the arm and one
in the left side. The theory of the defence was
that the blows were inflicted in self defence;
that both the parties were on the ground when
the fight commenced, Andy having jumped OIL
his mule and struck Jim with Il stick, which
was produced on the trial. They then came
to hollis and both fell, Jim under Andy. While
Andy was beating jim, and pressing him to the
ground with one hand on his throat, Jim con-
tended that he drew his knife and opened 1t
with one hand and his teeth, and inflicted the
wounds. On the other hand it was proved by
Mrs. NJ. w. McCarter, who was in Mr.. Brlsons
ward, some distance away and witnessed the dit
ticulty, that in the encounter the men stood on
the ground face to face, and while they were IN
this position she saw Jim strike Andy. Clr-
cumstantial evidence was introduced, such as
spots of blood OH Jim'S shirt sleeve and BACK,