The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-04-27
WKt and Wrong and n Sherlfr's
~ IA tier Two Hours Deliberation
j ! the Jury Awards tho Marc.
CAugusta Chronicle. !

> Civil case has over been heard in
this State, perhaps, which has GREAT
ed more general interest than that
Of Gov. Ellerbe against Maj. B, B.
Evans for the possession of certain
fine trotting mare known as "tSally."
Mr.. Evans is in possession Of the an
impl and daily uses her as drive
horse on the streets of Columbia
He claims that he won the horse
from Gov. Ellerbe in 1894 on bet
as to, how Anderson county would
60 in q contest for the gubernator-
'.iel nomination, which was then be-
ing waged between Gov. Ellerbe and
the former GOVERNOR J JohnG Gely Evans.
The latter carriedtke county and
Maj, Evans clsipas that Gov. Eller-
be had bet stES horse against SIS that
he (Elle7Oe} would carry the county.
AAys way, after the nomination
ceWention was held and John Gary
Nyans was nominated for governor,
reGllerbe gave Maj. Evans an order on
a horse man in Savannah for "Sal-
ly," he having her for training pur-
poses. Evans got the horse and
brought it to Columbia, and has
since been using it. Gov. Ellerbe
claims that he gave Maj. Evans the
order for the horse not in payment of
any bet, but simply as loan, until
he needed it, while Evans claims
that it was delivered to him in pay
ment of the bet. The two had vari-
GUS conversations about the matter,
but in their testimony before the
court today they materially differ.
In course of the negotiations Evans
loaned Ellerbe "his" horse and bug
gy until Ellerbe's team and carriage
arrived in Columbia Ellerbe says
he was simply getting back "his"
horse, which he had demanded SOW
:eral times. Finally, on certain
Saturday recently the governor drove
"Sally' down to barber shop and
alighting he went in to get shaved.
Maj Evans had previously asked the
return of the animal, but Gov. Ell
lerbe had replied that her legs we're
sore and she ought not to be driven,
but offered to lend him another
horse. Evans did not send for it,
but evidently suspected that Ellerbe
was not going to retuen the horse
seoingStiin front of tho barbershop
MSaj2aSSans got in the buggy and Or
dered Gov. Ellerbe's boy to drive to
his stable, which was done. The
horse was locked up, and when Gov
Ellerbe came out of the shop he was
informed by his coachman what had
happened He went to Maj. Evans
stable and demanded the horse. Ev-
aus refused to give it up, saying he
had fairly won it. The governor de-
MES that any such remark was made.
Later a sheriff's deputy went to
the stable, opened it and took the
= horse out. Later Major Evans ap-
peared and gave bond and has ever
since had possession.
The question then is, who is the
rightful owner, and it is one that
lawyers aud jury have beon wrest-
ling with ell day. Major Evans in
court today testified that he had a
conversation on July II with Cover
nor ElIorbe on Coast Line train at
Fll.ence.
Tho conversation was relative to
his race for governor. I asked him
hoy he was getting on. He said he
was going TO be elected. I said:
What counties are you going to car
ry, and nc ne;pea twenty seven coun-
tloS thaI ne was gong TO carry.
wrote them on an envelope, just to
soc how near right he would como to
it. In the list of counties he had
Anderson county. I said: Here,
you've got Anderson county. Ho
said: Certainly, | am going to car
ry Anderson county, as certain rs
am going to be elected. I said there
is where you will be fooled on both,
for you will never carry Anderson.
He said he was certain of carrying
it, as his strongest friends were
tt 're. said: I can't help that,
you will never carry the county, and