The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1895-09-24
The Court.

OF Berry Parks, colored, was tried or
tuesday last and promptly acquitted
the jury celebrating but q short time
AS the fruit OF the Sessions the follow.
ing conylcts were sentenced on Wed.
nesday evening last. John Workman
abduction OF a maid under sixteen, two
years on the county chain gang; Wal
ter Gordon, house breaking, eighteen
months; Wash Hunter, retailing,
pleaded guilty and was sentenced ia
pay a fine OF $1,000 or serve three
months on the county convict force;
John Williams, aggravated assault and
battery $500 or nine months on the
county roads; the fine was paid; all
these are negroes.
II. *. Taylor was convicted of violat-
ing the dispensary laws and sentenced
to pay o fine Of $500 or serve six
months on the chain gang. Notice of
appeal was given in this case. The SEES
sionsw was adjourned on Thursday morn
Ing and the civil cases requiring iuries
entered upon.
a case in which Sheriff McCravy
defendant and Cleveland, receiver, was
plaintiff occupied the Court on Thurs
day. last. 1t grew out of the levies
made in 1893 of executions against the
Port Royal and Western Caroilia rail-
o"Nt III Vic uaiuS VI WIG OuGrlH 1Or
taxes due the State, county and town,
at the urgent instance Of the then,
Governor, Tillman. Sheriff McCravy,
levied and tied up IN engine and other
property Of the Plaintiff company. The
taxes were paid, with the penalties,
the Sheriff exacting five per cent. up
on the amount as his commissions, ag-
gregating $3.50. 90 which was paid uE-
der protest, and the levy released
The suit was brought to recover this
amount. A former jury found for the
defendant in the teeth of the Judges
charge and a new trial was granted
Judge Earle explained to the jury the
relations of the United States and State
Courts, that ours is a duplex govern
ment, State and Federal, with State
and Federal Courts; that sometimes
there was q clash OF jurisdictions; that
when one court acquired jurisdiction,
it is a rule the other is ousted; that
property levied by a United States
marshal could not be taken by an Off
Q of a State Court, as O sheriff, or by
a marshal, levied by O sheriff. In the
present case the property was in the
hands of.a receiver appointed by a
Federal Court and was not subject to
levy; application should have been
made to the court for an order that the
receiver pay these taxes which were a
first lien and it was the duty of the
court to so order. He charged that the
levy was null and void and directed the
jury to find for the Plaintiff the princi-
pal and interest. 1t was limited in the
argument that the jury might indulge
some political bias but they stood
squarely to their duty and found ac-
cording to the law, showing beyond
question that a Laurens jury will not
let polititics intervene to thwart q
duty. They found the amount $3.50. 90
without interest. The Sheriff acted
under the orders Of the Governor, it is
said, and is not to be blamed. AS the
sheriff has had the use of the none
in the meanwhile he is probably whole,
as his generous counsel, will no doubt
deal %tcndenly with him, as q brother
officer. The clerk of the court will
likely let the sheriff off with a dinner at
the new hotel when completed and the
coroner who has acted as sheriff in the
case, will be equally clever and broth
Maj. Ganaghl, Of Augusta, and Simp-
son & Barksdale for the Plaintiff,
Messrs. Ferguson, Featherstone, John
son & Ritchie and MCGOWAN for the
m~artyrred sheriff The jury having
done a hard weeks work were dis
charged Friday evening until Monday,
at z. M. except jury number one then
engaged upon q case. They entered
their o at 5 p. M. on Friday and the
bright sun OF Saturday morning found
them still engaged in their room. The
proVerbial stubborn eleven made the
trouble with the stubborn twelfth man.
AT 8 o'clock they were brought into
tho court and announcing q failure to
agree a mistrial was ordered. The til
tie of this case was l.. @. Younger g.
Co., and Austin, Nichols 81 Co., against
L.. Koppel. The court at 1 p. M. took
n recess until yesterday at 8 a.. NJ,
His Honor spending Sunday at his
homo in Greenville.
The court is now engaged on civil
cases which will probably keep the ju-
ries through Wednesday, and the re-
mainder Of the week will be taken up
with equity cases. Judge Earle has
made a favorable impression on the
Bar and public.