The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1893-10-14

bSUnsl0UgHter-IN first Count
GmGshed In the Case of Garter
Settling FdtTe Sente,,-
ced-Other Proceedings.
The case of the State W. VIM
Bost and Maston Bowles. charged
with the murder of policeman
McManus at Heath Spring in
October last, was being tried when
we went 10 press on Tuesday eve
ming. The State closed it's testi.
mony in reply about IL a m, We'd,
nesday and the remainder of the
aay was taken mp in arguments to
the jury. Messrs Jones and Wilf
liams represented the defendants
and left no stone unturned in
their behalf. Solicitor Hopsil was
assisted in conducting the prose-
cution by W g Hough, Esq. The
jury retired about sundown. aud
after remaining out all night re =
turned into court ard reported
that they could not agree. HIs
Honor ordered mistrial. 1t is
eaid the jury stood ten for acquitS
tai and two for conviction Of man,
slaughter. Judge Gary signed an
order granting the defendant Bo,i
bail on his giving bond in the sum
of $2,500., and the defendant
Bowles, on his giving bond IN the
sum of $1,000.
In the case of Mr. r r Kenning
ton, who had been adjudged guilty
of an assault and battery with in.
tent to kill, strong petitions sign.
ed by the jury and numerous citi-
zens Of the town and county we're
presented to the court asking tha,
the sentence be made as light as
possible and that fine be impos-
ed in lieu Of imprisonment. The
sentence Oft the court was that MI
Remington pay fine Of 500. OIL
be conficed in the renitentiary fol
six months The 6ne was prompt,
ly paid.
| GUILTY OF MANSLAUGHTER.
The case OF Thos Kirkland
charged with the murder OF Ferrc
Peay, was taken up Thursday
morning. The defendant was re,
presented by w G Hough, Esq
The jury returned verdict OF
guilty Of manslaughter. Kirkland
was sentenced to FIVE years In the
penltentisry.
VIM Rorey, col, lead guilty to
an assault and battery Of a high
and aggravated nature and was
sentenced TO tour months in the
peniteDtiary or to pay a ine of $50
THE LIQUOR CASE.
The case of The State vs. Sam d
| Carter, for selling liquor without
license, was called for trial yesler,
day morning. Messrs Ernes,
Moore and w q Hough represent.
ed the defendant.
There were two counts IN the
Indictment, one for selling one
quart of liquor without license
and the other for bringing FIVE
gallons OF liquor into the State with
intent to cell the same.
The defendants counsel moved
to quash the frat count 10 the in
dictment on the ground that the
Act o. 1898. commonly known as
the Dispensary Act,is a new Stat,
ute covering the whole subject
matter Of he regulation
of the traffic In intoxicating
liquors and expressly Gas well
as by impllcatiun) repeating
all former Acts on the sublect.snd
providing no penalty for the sale
of liquor in single instance, such
as was charged in the Indictment
Mr. Moore, OF counsel for the de
fendant, argued this point at
length. and was followed by solic-
itor Hough, who argued against
the motion to quash. claiming that
the Indictment could be, sustained
under the laws prior ia the dls>
pensary act wherein a penalty is
provided.
At the conclusion Of the argu.
ments. Judge Gary promptly
granted the motion to auash the
first count in the indictment, de-
liyering his opinion orally from
the bench