The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1891-02-19

waived trial, and will be heard at the next
Court.
The time set for the hearing Of John
Banister's case having come, on Thursday
morning, he was put on trial for. his life.
This case had attracted wide attention,
and for the two days the case consumed,
the Court room was filled with an atten-
tive and eager audience. Another horri.
Bile "Christmas spree" was in part, at
The facts, briefly, are these: Late on
Christmas Eve Sam Banister, the man
killed, and Jim Henry Nelson rode up to
the house of Sans father, and his BROTH
ers, ohm and Jess Banister were there.
Some wrestling took place Immediately
on the arrival Of the two in the buggy, in
which Sam was backing up'' Nelson,
and Jess took Johns part. Some one cut
Jess twice with a knife, and during the
confusion John drew his pistol and shot
his brother Sam through the lower por-
ton of the brain-the cerebellum. The
"Indian Doctor" so.called, was sent for,
and, contrary to all known rules of sur
gerry, probed into the brain for the ball.
An effort was made to ascribe the death to
this cause, but the Doctors who held the
post n,ortens, and various others who were
put up, testified that the ball had been
the cause of death. Sam died in about a
week. All the parties involved were
from .about1S TO Is years Of age. The State
put up fourteen witnesses, and the De-
fendant twenty-five, and there was unlim-
tied swearing and counter-swearing. On
Friday at about 5 p. m. the case was SUBJ
mitted to the jury, and after an absence Of
two or three hours, found the Defendant
guilty of msnslaughter. He was SEN
fenced to the Penitentiary for five years,
and received the sentence with smile,
and kissed his wife. Silas NJ. Major was
foreman OF the jury. The Solicitor was
assisted by Mr.. Prince, and Messrs. Muir
ray d Murray represented the prisoner.
A motion for new trial was made, but
refused.
Mr. w. A. Colly, who had been found
guilty of being party to an affray and
carrying concealed weapons, was SEN
fenced to pay fine of $25 in the former,
and $15 in the latter case. He paid
promptly.
Crayton Norris relieved Luther Sturkey,
Henry Behttie and Harrison Williams Of
the charge. of larceny of live stock by con-
Tossing to the crime himself.
The case against Ben Williams for re-.
fceiying stolen goods was mol pressed by the
Solicitor.
A true bill having been found against
William Ethridge on the charge of riot,
and the case not coming to trial at this
Court, the Judge ordered that the Sheriff
release the prisoner from Jail, provided
he furnished bond for $500.
The Court of General Sessions then ad-
journed on Saturday morning at 10
O'Clock.
The balance Of Saturday was taken up
in hearing motion at Chambers to have
receiver appointed for the goods of FL.
D. A. Bieman, who recently made an as.
signment at Walhalla. After hearing the
case pro, by Messrs. usynsworth &c West
moreland and Wells & Orr, of Greenville,
Thomas e. James, Of Walhalla and Whit
ner s. Simpson, of this place. and con by
Messrs. Shelor & Stribling, of Walhaila,
and Murray {, Murray, the motion was
not granted.
On Monday morning at 10 o'clock the
Court of Common Pleas was opened, the
Jurors sworn and impanelled, and the
dockets sounded. A number of cases
were continued or postponed, because of
the absence of parties and Witnesses.
The cases of W. T. Banister, Patsy
Strickland and others, against Norris w.
Wright, complaint for partition was, on
motion of Defendants attorney, nom
suited, the Plaintiff failing to establish the
identity of the land in question. Murray
& Murray for Defendant, ], G. c. Feather
| ston for Plaintiffs.
| On Monday evening the case of NJ. Les
| ser against A. Il. Furstenburg was taken
up. This was all action for services to re-
cover $3.50, which the Plaintiff claimed
was due his son from the Defendant on q
| broken contract. The case was submitted
to the jury, and they found a verdict for
the Defendant. Prince & Tribble repre-
sented Defendant, and Murray & Murray
the Plaintiff.
On Tuesday the case Of Pat. Calhoun,
as executor Of the late James Edward Cal
houn, against Brown Bros, on money
demand, was heard. The jury found q
verdict for the full amount askea-S242 IS
w, P. Calhoun, of Abbeyille, appeared for
Plaintiff: and VIM. S. Brown Tor Defend
ants.
The next case called was that of Sherard
s. Leroy against the Savannah Valley
Railroad. This action is brought to re-
cover damages for the burning of some
cotton belonging to the Plaintiffs. There
being defect in the complaint, it was or.
dered to be amended and the case contin.
ued. Orr, Wells & Orr and Prince 6
Tribble represented Plaintiffs, and JOSEPH
Ganahl and Whitner d. Simpson the rail
road.
This being the last case for the iuries
they were discharged and the Court then
took up such business es was to be passed
upon by the Judge alone.