Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-03-31

Next Major Hart challenged the array OF
petit jurors on the same ground, holding
that the entire panel was illegal by reason
of a deliberate judicial error in the draw
ing. This point his honor also decided
was not well taken. The solicitor, how
ever, objected to all the Cherokee jurors
drawn "for cause" and they were stood
aside. Finally, his honor excused the
jurors from Cherokee township from fur
ther attendance at this term.
The case of Hart consumed nearly the
whole of Monday. The facts as developed
during the trial, were about as already
reported. On the 3rd day of October,
1896, there was quite riot near the town
Of Glover, participated in by John Hart
and brothers, and Will Smyre and others.
Smyre was badly used up, and was taken
to the residence of DR.. Campbell for the
purpose of having his wounds dressed.
There was considerable excitement in
town oyer the preceding occurrences.
John Hart made his appearance on the
street, where he could look into DR..
Campbell's residence and see Smyre.
Hart had two revolvers sticking in the
belt Of his pantaloons. He was heard to
say, with an oath, that he would get Smyre
when he came out. On being apprised of
the situation, Intendant Smith instructed
Policeman Alexander to effect Harts
arrest, and accompanied by Mr.. J. A. G.
Love, Policeman Alexander went to Hart
for the purpose of carrying out instruc-
tions. Hart kept backing off and would
not permit the officers to come closer than
10 or u yards. Policeman Alexander
told Hart to consider himself under ar
rest but Hart. instead of submitting,
drew a pistol. Anticipating the move.
ment, Policeman Alexander instructed
Mr.. Love to shoot the Negro in the leg.
Mr.. Love and the Negro commenced fir
| ing at almost the same instant. Then Po-
licenan Alexander Joined in. Hart fired
six shots, and Policeman Alexander and
Mr.. Love fired four or five shots. Hart was
hit in the side and on the left shoulder,
and one of his bullets struck Negro whn
was in the crowd, near by, in the thigh.
Next Hart took to his heels, ran to his
horse, which was being held by another
Negro, mounted and galloped away.
The defense claimed that the proposed
arrest by Policeman Alexander was un-
warranted and illegal, and that in resist
ing arrest as he did. the defendant was
only acting as he had right to do, in
self defense. The prosecution held that
the proposed arrest was necessary to pre-
vent an openly threatened breach Of the
peace, and was legal and proper.
After remaining out but short time,
the Jury returned with verdict OF
"guilty of assault and battery Of high
and aggravated nature"
The morning session during yesterday
was consumed in the trial of the case
against John Hart charged with resisting
an officer. About the same state of facts
as is outlined above were developed
The verdict was guilty.
For assault and battery Of a high and
aggravated nature, Hart was sentenced to
pay fine of $3.50 or 60 to the chaingang
for lS months and for resisting an officer,
he was sentenced to pay fine of $500 OF
go to the chaingang for one year, the Sec
ond sentence to commence at the explra'
ton of the first. Major Hart gave notice
of an appeal to the supreme court. The
other assault and battery case against the
defendant was mol pressed by the solicl-
tor.
The grand jury has been hard at work
since Monday morning, and up to the
hour when THE ENQUIRER went to press,
had made the following presentments:
Andy Hudson; housebreaking and
larceny. True bill.
John Hart; true bills on two indict'
ments for assault and battery with intent
to kill. One indictment for assault and
battery of high and aggravated nature
and one indictment for resisting an officer
VIM. Hart and Jesse Jackson; abduc'
ton. No bill.
VIM. Thomasson larceny of live stock.
True bill.
William Sadler; murder. True bill.
Thomas Gwin burglary and larceny
True bill. Z.
John Young; selling liquor True bill
Van Berry; assault and battery OF
high and aggravated nature. True bill.
Thomas Mckenzie selling liquor
True bill.
Coat Estes selling liquor. True bill.
John Jones; ass"rlt and battery with
intent to kill. Tru bill.
Richard Rainey selling liquor. True
bill.
John Ross; selling liquor. No bill.
Clinton Dunlap, William Sims, Will
liam Hinton and John Zeagle; house
breaking and larceny. No bill as to Hin
ton; true bills as to the others.
Sam Hetherin gton selling liquor. Nc
bill.
John Henry Smith housebreaking and
larceny. No bill.
William keenan,; selling liquor. Nc
bill.
Ned Edwards; violating the dispensary
law. No bill.
Albert Meeks; housebreaking and lar
ceny. True bill.
John w. Moore; assault and battery
with intent to kill. True bill.
William Caldwell, William Adams,
Sam Mcknight; gambling. True bill.
Henry Phillips; violating the dispensa-
ry law. True bill.
William Caldwell, John Moore, John
Witherspoon gambling. True bill.
John Hart; aiding prisoners to escape.
True bill.
Wash Bankhead housebreaking and
larceny. True bill.
William Stewart; violation OF the dis
pensary law. True bill.
Whiteman Hardy; assault and battery
with intent to kill. True bill.
With the exception of its final present..
ment this completed the work Of the
grand Jury for the present term. The
grand jury will be discharged today.