The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-03-11


the defendants asked for continu.
ance to the next term and submitted
an affidavit stating they had used
due diligence and had been unable
to get several material witnesses pro-
sent and that they did not feel they
could go to trial without the presence
of Mr.. David Hipp and Mrs. Eliza
both Riser. A battle royal ensued
between counsel. The State was
willing to admit what it was claimed
Mrs. Riscr would swear wero she
present, but would not admit what
it was claimed Mr.. Hipp would
swear Judge Benet overruled he
motion for continuance and tho
prisoners were ordered arraigned and
tho drawing of the jury began.
The defense demanded that all
jurors be sworn on their yoir dire
and this was done. The State had
five challenges and the defense
twenty.
Mr. r. d. Smith was stood aside
os ho had formed or expressed an
opinion. Mr.. j. w. Riser was also
stood aside rs he is a brother to two
Of tho defendants and q son Of the
other.
The State objected to five, as fol-
lows: j. a. Rikard, e. Lee Hayes,
Antino Bnzhardt, w. Popo Davis,
and j. A. Mimnaugh.
The defense objected to sixteen,
as follows: w. II. Tarrant, j. w.
Dominick, j. II. Dennis, N. r..
Hipp, Jas. III. Scaso, e. l.. Leavell,
w. Fl. Derrick, John @. Brooks, M.
l.. Strauss, w. G.. Maycs, r.. L.
Ringer, j. w. Kinard, J. z. Bowers,
j. A. Eddy, r. r. G. Hunter, and
l.. w. Shealy.
TIE JURY SELECTED
Is as follows: j. w. ID. johnson,
foreman; Geo. w. Long, Jacob W.
Crouch, D. NJ. Bedenbaugh, w. A.
Andrews, Geo. f. Abrams, James M
Jones, j. S. Stilwell, j. G. Caldwell,
L. f. Hendri1, j. D. Boozcr, p. j.
Stevens.
When the jury was completed the
court took recess until Wednesday
morning. Judge Bcnot had Con-
stables Taylor and Dominick sworn
and put in charge of tho jury, and
they were directed to keep guard
over tho jury and SEQ that they did
not communicate with any one;to take
them to tho hotel aud guard thom
from and to their meals and at
night. Tbis,the Judge said, was done
for the protection of the jury as we'll
rs for the interests Of the cause. Il
was a good thing. 1t is good for
tho jury and will make sHre that no
influence could be brought from any
source other than the evidence taken
on the stand.
wITNEssEs EXCLUDED.
The defense asked that all wit
nesscs not being examined be OK
cluded from tho court room and the
State joined in tho request. One on
each side was permitted to remain
with counsel. The State retained
III. W. Holloway and the defense
Wilbur 9. Hipp.
Judge Benet then explained the
several counts in tho indictment and
tho case proceeded to trial.
EVIDENCE BEGUN.
After moving in the court room in
front Of the jury several boxes Of
various and sundry articles of mcr
chandise, shoes, tobacco, harness and
flour the first witness was rut on
the stand and the examination began.
All sorts of articles usually kept in
country store wero in the lot of goods
from circus soap and hairpins to
silk handkerchiefs and horse collars
The first witness put on the stand
MIR. J. J. IIENTZ
who is clork for Mr. D. Hipp and
who went with the detective to iden-
tify the goods found. After boing
sworn he testified in substance as
follows:'
Live in Newberry County. Have
been clcrking for ID. Hipp at Poma-
ria since the 9th or 9th Of January
OF this year Jim Miller and Charlie
Counts were clcrking for Hipp also
Myself aud Miller still clerk for Hipp.