Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1895-05-31
TRADER, BEWARE!

There is no law for man who gets
"done up" in horse swap, especially
if the unfortunate happens to be pro-
fessional. Such was the verdict of the
jury in the trial justice court in York
vile last Wednesday, and public senti-
ment seems to uphold the finding.
As was reported in THE ENQUIRER
shortly afterward, on May 8, James T.
Nevins traded horses with some gyp-
sizes near Rock Hill. Nevins's horse
was pretty good one, and was worth
anywhere from $40 to $50. The ami
NAL traded by the gypsies was appar-
emily sound !; but soon afterward turn
ed out to be windbroken and worth
less. Nevins set up plea to the ef-
feet that he had been swindled, at
tached property belonging to the gyp-
sizes, and brought suit f5f $50 damages.
This was on May 6. The gypsies gave
a bond of indemnity, recovered pos
session of their property, and May 29
was fixed as the time of the trial of
the case on its merits. Last Wednes-
day was the day appointed, and all
parties concerned were on hand.
There was a great deal of interest
in the case, 10 or so persons wanted to
hear it, and for the occasion, Trial
Justice Carroll procured the use of the
court house. Senator Finley appear
ed for the plaintiff, James T. Nevins,
and Messrs. T. F. Mellow and W. B.
McCaw, appeared for the defendants,
who gave their names as Joseph, Hugh
and John Smith, partners in the
horse trading business, under the
name OF Smith Bros. A full jury had
been summoned but only three mem
bers of it appeared. These were
Messrs. J. A. Watson, B. n. Moore
and J. A. Barron. Mr.. Watson was
requested to act as foreman, and there
was an agreement on the part of coun-
sci, that the case 60 on before the
gentlemen named, as if before full
jury. The trial was commenced at
about noon.
The first witness examined was the
plaintiff, James T. Nevins. He testi-
fed that on the 3rd day of May, 1895,
Just outside of the town Of Rock Hill,
he traded horses with Hugh Smith.
The horse he traded was about years
old, in good condition, single driver,
double driver, everything about him
was perfectly sound, and he was worth
about SIS.
@. Describe the horse you got from
Smith Brothers.
A. Well, sir, he was the most heavy
horse ever saw-after I found him out:
Laughter, which was promptly silenced
by the court.
q. Was he what Mr.. Smith represented
him to be?
A. Mr.. Smith told me. "Old man, you
are getting as good family horse as you
ever owned in your life, and one OF the
best plow horses" He told ME he was
sound.
@. Was that true or not?
A. 1t was not true.
@. What did Mr.. Smith represent to be
the horses age, if anything?
A. He told me that the horse was eight
years old
@. To what extent did the horse have
the heaves, Mr.. Nevins.
A. He had them so bad could hardly
tell. He was going this way. WITNESS
indicated by waving his arml.
In answer to questions, MIR. Nevins
testified that Smith had assured him
that if the horse was not all right, he,
Smith, would be in Yorkville on Mon
day, and make him so. Witness went
off with the horse, gave him water,
discovered his heavy condition, man
aged to get home, eight miles distant
about l o'clock next morning, tried to
plant cotton with the horse, but found
him unable to work, and in fact abso-
lutely worthless. He also stated that
the horses teeth had been worked on so
as to conceal its age, and the animal
had been doctored up so the heaves
could not be detected.
Then came the cross examination
@. Mr.. Nevins. what is your age?
A. About 5S.
Q. How long have you been living in
this county?
A. All my life.
Q. On the 3rd day of May, you said you
traded horses with these defendants here;
what time of the day was that?
A. About o'clock, sir.
@. Where?
4. At their camp, about one mile from
Rock Hill.
@. You went out there to trade with
them?
A. Invent to trade for mule.
Q. But concluded, after you got there,