Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-01-10
BOUND OVER.

The preliminary examination in the
case of Chief of Police Love, OF Yorkvllle,
charged with breaking into the United
States warehouse at Barry's distillery on
December 0, last, took place before United
States Commissioner Hart on yesterday.
Mr. Love was represented by Mr.. j. ).
Brice, and the government by Deputy
Collector Stack khouse, and the facts de-
veloped were substantially the same as
already published in THE ENQUIRER.
The first witness was Mr.. H. H. Beard,
agent Of the Western Union Telegraph
company at this place. He testified as to
the nature of the dispatches sent by Con-
stable Newbold and Liquor Commissioner
Nixon to Mr.. Love, and also as to Mr..
Loves kilograms to Messrs. Newbold and
Nixon.
Mr.. B. n. Johnson testified to having
accompanied Mr.. Love to the warehouse.
He and Mr.. Love drove up in buggy,
and there were two Negroes along with
wagon. 1t was in daylight, and there
was no attempt at conceallnent. Under
instructions, the Negroes broke off the
door facing, went in, rolled out six barrels
of liquor, and put them in the wagon.
The liquor was brought to Yorkville and
placed in the Chester and Lenoir depot for
shipment to Columbia.
Thompson McAbee testified that he was
working at Barry's mill. Mr.. Love drove
up and asked where he would find Barry's
whisky, and he showed Mr.. Love the
warehouse. Witness then went up and
told Mrs. Barry and she instructed him to
go back and warn Mr.. Love not to go into
the warehouse or on the survey. MIR.
Love paid no attention to the warning;
but went into the warehouse as stated.
Witness did not inform Mr.. Love that
the tax had not been paid. Mr.. Love
drove off with the liquor and witness did
not see it any more until next day, when
Mr.. Love brought it back with the same
team and help, and placed it in the ware
house. Witness supposed that the liquor
was the same that was taken out OF the
warehouse on the day before.
Mr.. D. NJ. Hall testified that he met MIR.
Love in the road as he was bringing the
liuuor to Yorkville. He asked MIR. Love
as to whether he was hauling for the
State or the United States, and MIR. Love
replied that he was hauling for the State,
Some more conversation followed; but it
was not especially material. The witness
told Mr.. Love that the tax had not been
paid on the liquor.
Mr.. Brice asked only two or three ques-
tions during the examination. They were
intended and did bring out the facts that
Mr.. Love was acting in good faith, with
out any attempt at concealment, and on
the presumption that he was entirely with
in the law. On being asked by Commits
sioner Hart as to whether or not he had
anything to say why Mr.. Love should not
be bound over for trial, Mr.. Brice said
no. The testimony showed that while
there was no doubt that the warehouse
had been broken into as charged, 1t was
also clear that Mr.. Love was acting on the
presumed authority of the kilograms from
Columbia, and whether or not he should
be bound over was question entirely
within the discretion OF the commissioner.
Commissioner Hart said that he had no
discretion in the matter whatever. The
OILY lllIlR uc COulNt wv was v" SWIM S1S
case up, which he accordingly did, fixing
Mr.. Loves bond at $500. The bond was
promptly signed by Sheriff Crawford,
Mr.. j. L. Lowry and Mr.. w. B. Moore,
and Mr.. Love was dismissed until the
next term of the United States District
court at Greenville.
A number of Mr.. Loves friends had
been banking somewhat on the statement
recently published in the Columbia Reg
lister, and presumably emanating from
Commissioner Nixon, to the effect that
'.inasmuch as Policeman Love had acted
conscientiously in the matter, the prose-
cution would be dropped" No signs Of
any such proceeding are yet apparent.
There was no representative of the State
at the preliminary examination yester-
day, and up to this writing, it looks as if
Policeman Love, who, by the most
questionable means, was induced to actas
a cats paw for the State authorities, is to
be left to take the whole consequences on