The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1886-09-30
COURT PROCEEDINGS.
What Was Done in the General Sessions
Since our Last Issue.

Since our Last Issue.
The following embraces all the busi-
ness done in Court Of General Sessions
since our last issue:
The jury rendered Il verdict of guilty
against Paul Smith for attempting
criminal assault. The prisoner was
sentenced to one year in the Penitenti-
! arr.
| The only case tried Wednesday was
| against David Syfret, young white
man, charged with libel. The libellous
instrument complained Of was Il letter
written by the defendant, and address,
ed and delivered to cousin Of the de-
fCndant, Il young man named NJ. q. De-
witt, in which Dewitt WAS accused of
stealing crossties. Gen. IZlar. who de-
Tended the accused, contended that he
could lot be convicted Of libel where
| the libellOuS instrument WAS shown to
have been delivered sealed to the prose-
cutOr, and that there had been no pub
lication of it except by the prosecutor
himself, who, it was proved, had shown
it to his wife. Ie further cOntended
that, in order to convict under this
proof, the Indictment should have
charged that the letter had been written
with the intention Of provoking Il
breach Of the peace instead of charging
injury to general reputation. Judge
Kershaw ruled that as the proof show
ed that the prosecutor could not read
or write, and had showed the letter to
his wife solely for the purpose of ac-
quiring knowledge of the contents of
the letter. such action on his part was
not such Il personal publication as
would deprive him from receiving the
redress accorded by the law. lie held
that under the circumstances the in
dictment was good, and the alleged
libellous writing could go before the
jury. The jury found the accused
guilty and a sentence Of three months
IN the county Jail or fifty dollars fine
was imposed. Gen. IZlar excepted to
the Judges ruling and gave notice of
appeal.
In the Court of General Sessions
Thursday Cherry Butler, colored, was
tried for burglary and larceny, viz
breaking into the barn of Mr. y. X.
Tabor, near Fort Motto, and stealing
one Thousand pounds of cotton. Mr..
NJ. l. Browning represented the accused.
Verdict, guilty. Sentence, two years
in the Penitentiary.
The EeXt case WAS against Caleb
Jenkins, colored, charged with the mur-
der OF Jack Gordon, colored, on the 18th
of the present month. The testimony
for the State was given by witnesses
very obviously partial to the prisoner,
and ut the close Of the States case
there was really hardly enough to base
verdict OF guilty upon, but the
prisoner went on the stand and testili
ed in his own behalf, and us is frequent
lv the case made matters very much
worse for himself. The history Of the
transaction was that the deceased went
to his house about dark very drunk; that
he beat his wife and ran her ont OF his
house; that his wife ran to her sisters
house for protection; that the prisoner,
| Jenkins, who was GordOn'S Dr0thcr-in-
law, attempted to get him out Of the
house where he had pursued his wife;
that Gordon cut him with q knife in
the foot and struck him with Il hickory
stick, that Jenkins then gota axe, and
the next thing the witnesses knew Cor
don WAS lying on the ground with his
skull cloven by the axe. No one saw
the blow inflicted, and the prisoner was
very much confused in making his
statement. lie came into Court inl-
pressed with the one idea, that what
he wanted to prove was that the kill
ing was in selt-defence. lie had Gyi-
IDENTIFY studied this point very carefully,
but unfortunately he did not seem to
know exactly the true meaning Of self
defence. When asked how and why he
struck the fatal blow, the accused said :
"When de man lick at lie wild de stick,
| jes pick up de axe to shun off de blow
and de axe fall on de man head. All
was done in self-defence. l didn't
mean to hit the man at all. l jes went
to fen off de blow and de axe fall in
self-defence."
The jury found verdict of not
guilty.
The case against Bill Gordon and
Titus Ferguson. colored, for murder,
was continued, Il large number Of the
States witnesses being absent. These
term of murder and were granted Il new
trial.
The case against Marshall Amakcr,
Cllul Sttl W I'LL lHuliCl, W do rtloo Solll
ed, on motion of the defence, in cOnse-
quenco Of absent witnesses.
The grand jury made their present.
ment and were discharged for the
term. The prcsentment gives full in
formation as to the condition of the
county offices, which are reported to be
generally in good condition. The
grand jury recommended to the Gcncr-
III Assembly to pass an Act rcquiringa a
license for traffic in seed cotton, and
suggest that such license he fixed ut
$1,000. hegranl juryals recommend
that the County Commissioners OF this
County employ L lawyer for their clerk
and that I'LL legal advice they require
outside of their clerks legal ability
they shall pay for out Of their private
purses.
In the Court Of General sessions
Friday the only case remaining for
trial was against james Il. King, the
youDr SpbpDlnDStnr who * rhIrrpI