The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-04-28

S"'S"-A-teT AWo DELIBERATIONS the
Jury Awards the Animal to the Cover
nor.
No civil case has ever been heard in
this State, perhaps, which has created
more general interest than that of
Governor Ellerbe against Mai. B. 3.
Evans for the possession of a certain
hne trotting mare known as ''Sally.n
which was tried in Columbia on Fri.
day. Mr.. Evans is in possession of
the animal and daily uses her as a
drive horse on the streets of Colum-
bia. He claims that he won the horse
from Governor Ellerbe in 1894 on a
bet as TO how Anderson county would
60 IN contest for the gubernatorial
nomination, which was then being
wage6 between Governor Ellerbe and
former governor, John Gary Evans.
Inc latter carried the county and
Major Evans claims that Governor
Ellerbe had bet the horse against S.
that he (Gllerbe) would carry the
county. Any way, after the nomina-
ton convention was held and John
cary Evans was nominated fof GOV
ernor, El-eroe gave Major Ev2ns an
order on a horse man in Savannah
for Sally" he having her for train
ing purposes. Evans got the horse and
brought |. to Columbia, and has since
been usingit. Governor Ellerbe claims
that he gave Major Evans the order
tor the horse not in payment for any
bet, but simply as a loan, until ne
needed 1t, while Evans claims that it
was delivered to MIN in payment of
the bet. The two had various con-
versations 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 buggy until Euerbe's
team and carriage arrived in Colum.
ola. ELeros says he was simply get
ting back his" horse, which he had
demanded several times. Finally, on
certain Saturday recently the gov
ernor drove Sally" down to a bar
Der shop and alighting he went in to
get shaved. Major Evans had 2revi-
o1sly asked the return OF the animal,
out Governor Ellerbe had replied that
her legs were 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
EIerbe was not going to return the
horse. Seeing it in front of the bar
bershop Major Evans got in the bug
gy and ordered Governor Ellerbe's
boy to drive to his stable, which was
done. The horse was locked up, and
when Governor Ellerbe came out Of
the shop IL ~es informed by his
coachman what had happened. He
went to Major Evans stable and de-
manded the horse. Evans refused to
give it up, saying he had fairly won
1t. The governor denies that any such
remark was made. Later sherif's
deputy went to the stable, opened it
and took the horse out. Later Major
Evans appeared and gave bond and
mas ever since had possession.
The question then is, who is the
rightful owner, and it is one that law
yers and a jury have been wrestling
with. Major Evans in court testified
that ne had q conversation on July 81
with Governor Ellerbe on Coast
Line train at Florence. The converse.
lion was relative to his race for COVER.
nor. asked him how he was getting
on. He said he was goingIto be elected.
l said: What counties are you going
to carry, and he name twenty-seven
counties that he was going to carry.
l wrote them on an envelope, just to
see how near right he would come to
it. In the list of counties he had An
derson county. I said: Here, you've
got Anderson county. He said: Ger
tainly, I am going to carry Anderson
county, as certain as I 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 there. I said:
I can't help that, you will never carry
the county, and I said I will bet you
five dollars you won't. He said I
won't bet, but l will tell you what I'll
do; I have very fine race horse on
the track, chestnut sorrel mare
named Sally, with record OF 2:20,
and if don't carry Anderson county
| will give her to you against your IS.
| said. Do you mean that? He said: I
do. said I'm going off on a summer
vacation for about ten days but If you
mean it / will go back and put in work.
He said you can put in all the work
you can, but the county is mine. I
said shake on that, but, old boy, will
fool you. We went on to Florence
ard got off and took lunch. When
the train was moving off I spoke to
him, from the end of the car, and said:
Good bye, Billy, I will drive your
mare. He smiled and said all right.
While some of the main facts Of this
testimony are admitted by the COVER
nor, yet he denies most emphatically
that he made a bet. He admits that
in the conversation he may have said
Ill bet you horse to $5," but he
mentioned no particular horse and he
used the language just in jocular
way ike men often do when they say
III oct you a hundred dollars to
cent" He denies that they shook
hands on the bet, but would not swear
that they hadn't. The governor only
positively denies that he made bet,
but would not positively swear that
conversations Maj. Evans alleged to
nave had with him were not true.
The jury was out about two hours
aud decided in favor of Governor
EiIecbe, and granted him the horse
Sally or $500, with no damages.
SIX Feet Underground.