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

hearing of the case of the State VS.. James Clark,
Frank Clark, Minerva Clark and Mary Clark,
for forcible entry and detaincr. Prosecutor, W.
r. Lowry. Major Hart appeared for the de-
fence. Verdict, guilty as to Minerva Clark not
guilty as to the other defendants. Motion 1ora
new trial granted.
The following are the proceedings of Satur-
day:
State VS.. VIM. j. Thornburg; retailing spirit
nous liquors without license. Pleaded guilty.
State VS.. VIM. J. Thornburg; carrying con-
cealed pistol. Pleaded guilty.
State VS.. VIM. j. Thornburg; resisting an
officer. Continued, and bail granted in a bond
of $500. In these cases the defendant was rep
resented by Wilson IL Wilson and Mr.. Bell.
The Court then pronounced sentences in the
following order:
Andrew Nicely and Robert Brooks, colored,
gambling; Imprisonment in the county jail for
one month, or to pay a fine Of $50.
w. J. Thornburg, carrying a concealed pistol;
imprisonment in the county Jail for one month,
or to pay fine of $50. For retailing without a
license; Imprisonment in the county Jail for
three months, or to pay a fine of 800.
Joseph Thornburg, carrying concealed pistol;
Imprisonment in the county Jail for one month,
or to pay a fine of $40. For retailing liquor
Wlliiout d llccNSej lHPIlSoHlHeil Ill Nv CouAty
Jail for three months, or to pay a fine of 800.
Defendant paid the fines in both cases and was
discharged.
Isaac Ingram, colored, assault and battery;
Imprisonment in the county Jail for three
months.
VIM. O'Leary, colored, assault and battery
with intent to kill penitentiary for one year.
Simon Fewell and John Jewell, colored, as
sault and battery with intent to kill; Simon
Jewell Imprisonment in the penitentiary for one
year John Jewell, Imprisonment in the peni-
Tertiary for six months.
Jerry Powell, colored, house-breaking and
larceny penitentiary for six months.
Mack Parker, colored, larceny; penitentiary
for six months.
James Miskelly, colored, manslaughter; peni-
tertiary for five years.
June Campbell, colored, manslaughter; peni-
Tertiary for four years.
Daniel A.. James, manslaughter; penitentiary
for three years.
A number Of appeals from trial justices
courts were then disposed of, and at II A. NJ,
the Sessions Court was adjourned sine die, and
the Court Of Common Pleas opened.
In this Court a number of causes were heard,
and in the afternoon the Court adjourned until 8
\. NJ, Monday, when after hearing some causes
on the Calendars and granting motions, at II A.
NJ, the Court was adjourned sine die.
The above prisoners sentenced to the peniten-
tiary were conveyed to that institution on Mon
day in charge of special deputy Darwin.
In our report last week, ofthe case ofthe State
VS.. Frederick Laton, for carrying a concealed
weapon, we incorrectly stated that the defendant
was represented by Hart e. Hart, when we should
have said Wilson & Wilson.
npu,cT,>-u2FIINr DIV rIII, Cd AMI JITRV
The following is the final presentment Of the
grand jury, read in the Court of Sessions on
Wednesday last, Immediately after which the
grand jury was discharged:
To His Honor, T. B. FRASER. Presiding Judge:
The grand jury would respectfully submit the
following to the Court:
lst, That the Act of the General Assembly
which requires personal service upon jurors by
the Sheriff, be so amended that the official pub
LEGATION of the list of jurors drawn, in the coun-
ty paper, and notice through the mails by the
Sheriff, be a legal ummons -.
End. That the Act or Acts requiring the publ
cation of the annual reports of the County Com
missioners, County Treasurer and School Com
missioner be- repealed, and the County Treasur-
err be required to publish quarterly reports, item
lied, of his receipts and disbursements.
Bird. That the County Commissioners be re-
quired to let the contracts for printing to the
lowest bidder.
4th. That the Act of the General Assembly
granting power to the County Commissioners
to supply the outside poor be repealed.
We recommend the supervisors OF pubic
roads, as soon as practicable, TO nave the roaus
put in good condition.
Crimes of every class have been committed,
and crime is fearfully on the increase, not only
in this county, but throughout the State, filling
the prisons with criminals and thereby increas-
ing the expenses Of the county. 1t may be prop
err here to look into the causes and suggest a
remedy. Article w., Section 426 of the Consti-
tuition of this State reads as follows: Judges
shall not charge juries in respect to matters of
fact, but may state the testimony and declare
the law The above section muzzles the Judges
and leaves the decisions fully in the hands OF
the iuries, who are oftentimes incompetent, from
ignorance, to apply the law to the facts, and
hence the Judiciary of South Carolina, who in
ante bellum days were the safeguards and strong
bulwarks of the citizen, are now muzZled, and
hence criminal trials are often times a mockery
of Justice. Also, considering the twenty chal-
lenges O fthe prisoners and only two ofthe State,
and hence the carnival of blood in our county.
and State, which has stained the honored name of
South Carolina with this relic OF barbarlsm.
We appeal to the people to have this constltu-
tional defect repealed, ere retributlve justice,
like an avenging Nemesis, will arise and strike
down the murderer, and stand as a strong bull
wark of protection for the innocent, in lieu OF
defective law.
A committee of our body, appointed at the
last term of the Court, and consisting of w. II.
Stewart, chairman, B.J. Gold and r. NJ. Plaxco,
to examine the records OF the county ofhces
would respectfully submit a partial report:
.'The offices of the County Commissioners,
County Treasurer, County Auditor, Probate
Judge and the Clerk of the Court, have been
examined. The others will be at or before the
next meeting of the grand jury. We report with
pleasure that these officers have been faithful IN
the discharge of their duties. Their records are
neatly kept, and their disbursements are accom-
panied with proper vouchers. The books and
papers of the Probate Judges office are properly
and neatly kept, and the Probate Judge can, in
a minutes time, lay his hand on any paper
called for. We find that 452 county railroad
bonds have been retired and properly Cancelled
bv the Commissioners and filed with the Clerk
Of the Court, thus leaving outstanding 54S bonds.
We find that the deficiency in our county hnanc-
es at present has arisen from the action of the
Legislature in cutting off one-half mill from the
usual levy of three mills, thus reducing the
county funds about g, 100, which is about the
amount of deficiency; also, the postponement OF
the May collection of taxes, deprives the coun-
ty, at present, of something over $4,000. Wehnd
our county expenses increasing
All of which is respectfully submitted.
J. r. LOWRY, Foreman.
Correspondence Of the YOrkville Enquirer.