Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-04-08
The Court of Common Pleas.

The Court Of Common Pleas.
In addition to the cases on the Sessions
docket reported last week, the following
were disposed of on Tuesday afternoon and
Wednesday:
State VS.. w. Drayton Parks; selling
liquor without license, two cases) con-
tinued.
State VS.. George Beckham, colored; car
rying concealed weapons Nolle 1oroseqW
entered.
State VS.. Matt Reid and John Workman,
colored; accessory of murder before the
fact. John Workman dead; transferred to
the Contingent docket as to Matt Reid.
State VS.. j. n. McGill; appeal from trial
|iustice. Continued by consent.
State VS.. Mary w. Bolin; selling liquor
without license. Continued. =
State VS.. John May, Jr.; appeal from
Town Council.
State VS.. S. l.. Lowry and j. NJ. Starr;
appeal from Town Council.
These two cases. originating before the
Town Council of Yorkville, were for alleged
violations of the ordinance against the
sale of spirituous liquors, and the defend
pay fine of $50 in each case. The defend
ants appealed to the Court Of Sessions and
also petitioned the Court of Common Pleas
| for writ of certi0rari to have the judg-
ment below reviewed The Circuit Court
dismissed the appeal on the ground that
there was no provision for appeal from the
, sentence of Town Council; but the writ
prayed for was granted and the sentence be-
low set aside on the ground that although
the Town Council had the right to impose
fine of $50, it could not collect, without suit
in the common pleas, any fine above the
sum of 500. No other points were decided.
The Town Council being defunct by reason
of the neglect of the last Legislature to re-
new the charter, the cases are now ended.
State VS.. Thomas Massey, cOlored, charg-
ed with the murder of George Gibson, COL
olored. This homicide occurred at festi-
val in the eastern part of the county on the
night of the 10th of last January. The fol-
lowing jury was impaneled in the case:
J. j. Shaw, foreman j. B. Robinson, }.
R. Barron, J. B: Pegram, W. Il: Jackson
John Knox, ]. B. Wood, w. D. Leslie, S.
B. Carroll. The evidence established a
clear case of self defence, and a verdict OF
not guilty was returned. Wilson & Wilson
appeared for the defence.
State VS.. Lee Hambright, alias Lee Rog-
ers; stealing horse from Elijah Hardin's
stable on the night of the 9Th of November.
The prisoner, a white man of % or % years,
appeared in the court without counsel, and
Messrs. Waters and Cherry were assigned
to the defence. The stealing of the horse
was not denied but the prisoner, set up the
plea that he is subject to petit mai, and just
after an attack of this disorder, and while
in condition to be irresponsible for his
acts, he took the horse from the stable and
rode it over to Cleveland county, n. G.,
where he was captured and the horse re.
covered. The Solicitor maintained that
while the medical profession has its sci
entifc terms of grand nal and petit mai,
! by happy coincidence in this case, the
law also has two technical terms, to-wit:
grand larceny and petit larceny; and the
jury decided that this was clear case of
grand larceny.
State VS.. Ephraim Hill assault and bat
terry of high and aggravated nature. Ver-
dict, not guilty.
State VS.. VIM. F. Jonas; fraudulent re-
moval Of personal property under levy.
Prosecutor, H. F. Adickes. The testimony
showed that Charles H. Dixon, acting as
trial Justices constable, made levy on
quantity of corn in an action for debt in
which Mr.. Adickes was plaintiff and Mr..
Jonas defendant, and pending the disposi-
tion of the corn under the levy, and also
claim made upon it by third party, Mr..
Jonas removed to another place, and as the
corn was neither under lock nor bar, after
having it measured by two disinterested
persons, he moved it to the premises of Mr..
r. +. Guthrie for the protection of the
claimants, Mr.. Guthrie assuming the re-
sponsibility of delivering the corn, when
properly demanded, or its value in cash.
No fraudulent intent was shown. Verdict,
not guilty. Mr.. Chambers for the defence.
State VS.. Sam Patrick, colored carrying
concealed pistol. Pleaded guilty.
State VS.. Mack Parker, colored mali
NJ Of Shn0tInp two
colts, the property Of w. G. Duncan. Yer
dict, guilty. Mr. Chambers for the defence.
State vs.. Alonzo Hoffman, colored; petit
larceny. Verdict, guilty.
State VS.. Berry Anderson, colored; carry
ing concealed pistol. Verdict, guilty.
State VS.. Wesley Smith ; selling property
under lien. Continued.
State vs. Greene Berry Griffin; bigamy.
The defendant, a young white man, ma
tive of Richland county, pleaded guilty,
and by his counsel, Mr.. Spencer, submitted
an affidavit setting forth eXtenuating cir
cumstances, which his Honor considered.
State VS.. Frederick Laton, atlas Frederick
Williams; carrying concealed weapon.
Continued.
Court then adjourned until Thursday
morning.
Report of the Grand jury.
On Thursday morning the grand jury made
the following final presentment:
TO His Honor, j. II. HUDSON, Presiding
Judge: The grand jury beg leave to make the
following report:
From our limited time we have been enabled
to make partial examinations of the various
county offices except the offices of the Clerk of
the Court and the Probate Judge, Of which we
have made no examination. The sanitary con-
dition of the Jail is good-much better than we
expected to find. WealsO commend the human
ity of the sheriff in placing stove in the Jail dur
ing the intense cold weather of the past winter,
and thereby relieving the sufferings and adding
to the comfort of the unfortunate people con-
fined in prison.
The County Treasurers office shows the fol-
lowing: The total receipts of the Treasurer's
office. for the fiscal year beginning November
lst, 1854, and ending November lst, 1885, amount
ance on hand November lst, 1885, makes
SIG, 22.94. The disbursements are properly
vouched, $l4,35G.74 leaving balance of 81, 7Gi2O
in the Treasurer's hands, on November 1st,
hand at the beginning and ending Of the fiscal
year is accounted for by the Treasurer that the
taxes were not fully collected by November LIST,
1855. The same is true of the railroad tax and
the school fund. That there has been a surplus
on hand at the close Of the fiscal year. does not
imply that the financial condition of the county
is good, but we have now the anomalous and
unheard of condition in this county of an empty
treasury-no funds to pay the ordinary expenses
Of the Court.
The County Commissioners state that they
asked the members of the Legislature to levy
tax Of three mills for county purposes, when 2!
mills was levied in the tax bill, and hence the
deficiency. The State having no great fiscal
agent as in ante 6eilum days. and no resource for
funds but by taxing her people under so-cdtted
raise funds to supply dficencies at seven per
cent when by statutory enactment contracts for