Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-06-30

eStneSS Of purpose 1t may also be proper 10
say that they gained the case, Andrew Crawford,
Esq, acting as Judge; but the Register further
says: Gall the young gentlemen showed their
familiarity with the meshes Of the law, and ac-
quilted themselves in a creditable way
PRISONERS IN JAIL.
The Court of Sessions for York county, Judge
Fraser to preside, will convene at 10 o'clock a.
NJ, next Monday. There are fifteen prisoners
now in Jail awaiting trial, of whom the follow
ing is a list, with the offences charged:
Daniel a. James, murder; Mack Parker, col
ored, burglary and larceny; Mac McCloud, col
ored, robbery; Dave Jackson, colored, breach of
the peace; Jack Stewart, colored, rape Charley
Roberts, colored, carrying a concealed weapon !;
VIM. O'Leary, colored, assault and battery with
intent to kill; Simon Fewell and John Jewell,
cOlored, assault and battery with intent to Kill {;
Joseph Thornburg, and William Thornburg, re-
failing spirituous liquors without Il license;
Harvey Rodden, colored arson; Bob Roberts
and Andy Nicely, colored, gambling; n. d..
White, retailing spirituous liquors without a
license. lie is also committed for trial in the
U. S. District Court for violation Of the inter-
nal revenue laws. There are also three other
prisoners charged with violation of the internal
revenue laws and awaiting trial in the U. S.
District Court, viz: John S. Ward, Harrison
Blalock and Daniel Hargrave, the two latter
colored. The following are in Jail under SEN
tence of trial justices courts: Lee Huffman,
Lee Boyd, and Valdora Byers.
THE THoRNBURGs IN TROUBLE AGAIN.
At the Spring term, 1885, of the Court of Gen
eral Sessions for this county, the grand jury
presented Joseph Thornburg and two of his
conc William op6 Cy1yonuc-os bainp pnilty of
the unlawful traffic in spirituous liquors. In
consequence of this presentment, Judge Wal
lace issued an order directing the Clerk of the
Court to issue bench warrants for their arrest.
Before the sheriff could execute the warrants,
the Thornburgs left the county and have since
had their residence in Cleveland county, n. c.
A short time ago, Joseph Thornburg and Will
liam Thornburg, who were doing business under
the firm name of Joseph Thornburg & Son,
brought suit before f. +. Bell, trial justice at
Glover, against w. r. Lowry, a son-in-law of
Joseph Thornburg, for the payment of an ac-
count. Lowry petitioned for a change of venue.
The petition was granted and the trial Of the
case was transferred to Trial Justice Perry Fer
guson, who resides about two and one-halfm miles
from Clay Hill, in the vicinity of a small noun
tain known as "McCallum's mountain" near
the road leading from Cloverto Rock Hill.
Sheriff Glenn, who had in his possession the
warrants for the arrest of the Thornburgs, learn
ing that they would attend the trial, which was
appointed to be held at Trial Justice Ferguson's
residence, on Friday last, 18th instant, deputized
Mr.. w. j. Nicely to effect their arrest. Deputy
Nicely, knowing the character of the men with
whom he had to deal, summoned a posse con-
sisting of Messrs. Alexander a. Barron, o. r.
Huddlestone, Rufus +. Knox, John j. Choat,
Martin Brimer and J. w. Wallace, and on Fri
day morning, about 10 o'clock, proceeded to a
point about half-mile from Trial Justice Fergu-
sons house, on the road leading toward Glover,
and stationed them near the road, it being under
stood that the Thornburgs would probably pass
that way en- route to Trial Justice Ferguson's
house. Each member OF the posse was armed
with a pistol.
The posse waited at the point indicated until
between twelve and one o'clock in the afternoon,
when their attention was attracted by the sound
of voices up the road in the direction of Glover,
and in a short time the declaration reached them,
'If they tackle us to-day, we will shoot HI out
of them!' In a few moments, two buggles,
about twenty-five yards apart, were in sight OF
the posse. The buggy in front was occupied by
Sylvanus and William Thornburg, and the one
in the rear by Joseph Thornburg and his son
Daniel. When the leading buggy had reached a
point opposite to where Deputy Nicely was stand
ing, he stepped to the edge of the road, threw up
his hand and ordered the occupants to stop, at
the same time demanding that they surrender.
At this, the person who was driving. without
making any reply, commenced lashlnS the
horse, which Immediately started off at a brisk
gallop. One of the persons in the buggy forth
with drew a pistol and commenced firing back
ward, holding the pistol between himself and
the other occupant of the buggy, firing in the
direction of Deputy Nicely, who had gotten
well into the road, and about in line with the
rear buggy. The posse Immediately commenced
firing at the persons in the front buggy, they hav-
ing been previously instructed by Deputy Nicely
to do so, if the Thornburgs should commence
shooting. Tho posse being on foot at the time,
having hitched their horses some distance from
where they were stationed, the, occupants of the
front buggy, favored by a bend in the road, were
soon out of reach and out of sight.
Deputy Nicely, without any further resistance,
then arrested Joseph Thornburg and his son
Daniel, the occupants of the rear buggy, and the
posse started with them towards the house OF
Trial Justice Ferguson They had proceeded
about one-fourth Of a mile and reached a point
near the base of McCallum's mountain, when
they saw William Thornburg coming towards
them on foot, who soon signifed his desire to
surrender and he was at once taken into custody.
A short distance beyond where Thornburg sur
rendered, the horse and buggy were standing in
the road, the horse having been detached from
the buggy by unfasteningt the traces and the cut
ting of the tug straps which held up the shafts.
Sylvanus Thornburg had disappeared from the
scene and taken to the mountain, where 1t was
deemed impracticable to follow him. William
Thornburg was found to have been shot twice in
the left side. One ball merely grazed the skin
the other entered at the lower edge of the Shout
der blade and ran upward and forward, lodging
about midway between the nipple and the breast
bone.
During the melee with the persons in the front
buggy, Daniel Thornburg, who was in the rear
buggy with his father, and for whom Deputy
Neelv did not have a warrant, was struck III the
left arm by a pistol ball, which made a slight
flesh wound. 1t is supposed that the ball which
struck him came from the shooting done by the
person in the front buggy, as none OF the posse
fired a shot in the direction of the rear buggy.
The prisoners were conveyed to the residence
of Trial Justice Ferguson. Charges were pre-
ferred against Daniel Thornburg, for carrying a
concealed weapon and resisting arrest. On a
preliminary examination before Trial Justice
ferguson, it was decided that the charges could
not be sustained and he was discharged from
custody. In the preliminary examination,
Thornburg was represented by j. B. Bell, Esq,
and the State by W.. B. McCaw, Esq.
A messenger was dispatched for DR.. Thomas
w. Campbell, who resides in the neighborhood.
lie soon arrived and gave the wounded men
such attention as was practicable under the cir
cumstances.
The Thornburgs were all we'll med. Two