Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-11-06
CIRCUIT COURT.

CIRCUIT COURT.
In the case of George West, white,
charged with the burglary OF the resi-
dence of Mr.. John r. Ashe, the jury, af-
ter remaining out but few minutes, re-
turned with verdict of not guilty.
The next case taken up was that OF the
State against Sam NJ. Nicely, charged
with assault and battery with intent to
kill. The prosecutor was John Harvey
Neely, of Rock Hill, and the case, 1t will
he remembered, had its origin in difh-
Guilty between the two men last spring in
the drug store of J. B. Johnson Il Co.,
over an account. The principal witnesses
were the prosecutor, the defendant and
Magistrate R. M. Anderson.
Mr.. John Harvey Nicely told his story
of the affair in detail about the same as
has already been published in The EN-
QUIRER. The story was to the effect that
Mr.. Sam Neely approached him with
reference to an account. The matter was
discussed, and as the conclusion OF the
discussion, Sam NJ. Neely used the epi-
thets scoundrel and thief. John Harvey
Neely retorted with liar. The two men
were facing each other at the time. Sam
NJ. Neely, according to the witness, al
lowed his eyes to fall, and witness started
to walk off. Suddenly, witness felt soine-
thing strike him in the back Of the neck.
1t was like cannon ball, and he fell to
the floor. Later he saw in the hand OF
the defendant an open knife, and heard
defendant say it was that with which he
was struck.
The story of the defendant agreed with
that of the prosecutor as to preliminary
details. According to defendant, how
ever, the knife was in his hands for the
purpose of cleaning his nails. When
prosecutor used the word liar, the epithet
was followed by blow with stick.
Defendant tried to defend himself by
striking, and hit the prosecutor in the
back of the neck, without even being
conscious of the fact that he held an open
knife in his hand at the time.
Mr.. R. M. Anderson was in the store at
the time the difficulty occurred. The de-
fendant and prosecutor were in Dack-
room, and between them and witness was
an obstruction. Witness was paying no
especial attention to the men. Presently,
witness heard the voice of prosecutor say
"d-n liar" He looked in the direction
indicated, and could see the head and
shoulders of prosecutor over the obstruc-
ton referred to. Almost instantly, after
hearing the epithet, witness saw knife
in the hand of defendant descend on the
neck of the prosecutor, and the prosecutor
fell to the floor.
The Jury remained out on the case for
more than an hour, and finally returned
a verdict of guilty Of assault and battery
of high an aggravated nature. Counsel
FOR the defence Immediately moved an
arrest of Judgment, and gave notice OF
motion for a new trial. The state was
represented by Solicitor Henry, and the
! defense by Messrs. w. B. Wilson and ID.
E. Finley.
The next case taken up was that of Gus
Wilson, charged with the murder of Joe
Tate. in Bethel township, some months
ago. Wilson had married Tate's daugh-
ter, and afterward served term in the
penitentiary. When he returned from
the penitentiary, Tate tried to keep him
away from his wife. The woman was at
Tate's house. Wilson came after her.
Tate ordered him away. There was a
quarrel, and rs the result of the quarrel,
Wilson shot Tate in the forehead with
pistol, killing him instantly. The jury
returned verdict of guilty with recon-
mendation to the mercy Of the court, ana
Wilson was sentenced to be confined in
the state penitentiary for the balance OF
his natural life.
Robert Perkins, colored, was convicted
of assault and battery with intent to Kill
and carrying concealed weapons, and SEN
fenced to the chaingang for three years.
In the case of Arthur Neal, charged
with housebreaking and larceny, the
grand jury returned 10 bill.
The case of Dennis Feemster, colored'
CHARGED with arson, was continued, on
motion OF the state, and the court signed
an order admitting Feemster to bail IN
the sum of $500.
The cases against Doc z. Boheler and
James Borders, charged with vlolat on OF
the dispensary law, were continued on
motion of the defense.
The first week petit jurors were dis
charged on Thursday afternoon.
The motion for new trial in the case
of Sam NJ. Neely was argued yesterday
morning. Judge Benet over-ruled the
motion, and sentenced Mr.. Nicely to II
months imprisonment in the county jail,
or pay fine of $3.50. Mr.. Nicely, OF
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