The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-07-29

| Ih SP"i w w ~. IVY HlCO Lllt
comp imcnts of each wcre given
and resulted rs stated. Fortunately nc
blood was spilled. Mr.. Sigh and the
Osher three defendants were indicted ns
stated. Tho following jury was en-
pancllcd TO try the case ON Tuesday:
l.. B EarSlr, foreman; Ii. Leo Kemp
son, 5. l5. McCarley, W. +. Bcdcn
bauSh, Forrest Riser, j., +. Hawkins,
W r. Lester, B. lG. Dnwkns, II. a.
Graham, j. T.. Monts, Calvin X. Baker
}. 4. 1tcudcr. -. H.... ...,.
We took the testimony with II Wow
Of printing IL, but it is Of such II nature
that We decided not to print it.
Thc jury after hearing it and nrgu
mcnt by counsel and the charge of the
judge returned - verdict Of not guilty
us charged
TIE RISER CASE AGAIN.
Wednesday morning the lirst cnsc
called, in fact it wai the ou'y, case 10,
trial, III the grand jury h.td not re,
turned II true bill in the murder case,
was the case against }. w. Riser,
housubrrultinG and receiving stolen
goods. L. will be ;. mcmbcruu that this
case wns tried NJ the extra term of the
court in April antl II verdict of guilty
was rendered. Judge Benct ordered Il
new trial The testimony was very
much the same, though not u, much OF
IL. We print Tho testimony again, in
uSmuch rs the interest does not Srum
To lag. The defense put up no testi-
mOny
Mr.. Cult,rtath said they were any
ions 10 take up Gi,c murder case, inus-
much as there were about 100 witnesses
and the county was put to II great cx-
pcnsc, but If the State elected To take
up the Riser case they were ready for
trial.
Mr.. Scase SAID they had no other
case, us the grand jury had returned no
bill in the mnt der case rs yet.
MIR. Johnstonc said he, Thought tho
ncsI way 10 pnC dowh expense was to
put down crime by convirLiny the
criminals.
The ctsc against }. W. Riser was
then called.
The witnesses were excluded from
the court room, except one on each
side.
IMPANELLING THE JURY.
} T. Monts, objected TO by defense.
w Derrick, sworn.
} II Norris, objected to by State.
J. ID Ringer, objected to by defense.
j j Niblcr, sworn.
~ W Ike " cflS, sworn
G y Henry, objected to by defense.
III Lee kempS0n, sworn.
L. Bowers, objected to by defense.
nj Is Chnimcrs. sworn on vuir dire,
objected - by State.
Forrest Riser. sworn on vOr dire,
related to defendant, excused.
NJ - Rctghlcy, objected TO 10y defense
4 w Shcaly, sworn on vOr dive OBJ
jrctrn to by Defense
> Il Alct 'urlCy, sworn on vOir Il,
related to defendant by marriage, ca
ruscG.
n Nj Conwill, sworn on voir dire, Oh.
jrcLcd to by defense.
G Al Able, sworn on voir dire, OBJ
. tctrd to by State.
j II Koon, objected to hv State.
w u lrnphnrt, sworn on voir dire,
sworn.
Luther Long, sworn on voir dire,
sworn.
l. a Graham, objected to by State.
l. B Enrgle, sworn.
j Nj Johnstonc. sworn on voir dire,
objected to hy dcfonsc.
w RI Lane. sworn on voir dire, OBJ
jcctcd to by defense
w l. Bcdenbaugh, sworn on vur
dire. sworn.
} Il Hawkins, sworn on voir dire,
objected to bv defense.
w Is Lester, sworn on vOir dire,
sworn.
Calvin * Baker, sworn.
a G Charles, sworn.
S B Jones, sworn.
l5 Jones was chosen foreman
Tho jury as impancllrd WAS Us fol-
lows:
S l5 Jones, foreman: j w Derrick. J J
kiblcr, G Mike Wcrts, RI Lee Kemp
son, Wp Lcaphart, Luther Long, l.
B Earslc, w i Bcndenbaugh, " f
Lester, Calvin K Baker, A G Charles.
Tho Sheriff began to bring Dot of
goods ont Of the jury room.
Mr.. Hunt asked that the proceeding
be stopped and asked that only what
defendant is charged with stealing hc
brcAght 0ut-cight pairs towels, two
pairs shoes and ono hoN tobacco.
MIR. tombstone said there was moth
ing your honor can rule On--uOthinu
before the court Suppose your honor
wore TO undertake. to carry ont the suy-
gcstion: what towels and tobacco and
shoes would your honor leave in tho
| court room.
Court: Whole matter resolves itself
into convcnicnco and propricLy. The
| court is bound to protect the defendant
in his constitutional rights. If it were
attempted to keep him from seeing wit.
nossos aud jury and for delay. the court
| would have the right TO interfere.
Can't sec that the court has any right
to Interfere. In case OF murder par ties
have II right to come in for the mani.
fest purpose of interfering. Same is
true with inanimatc articles. Court
can't say whether it will influence the
| jury against tho defendant to lug in Il
lot OF goods; 1T might have the oppo.
site ctloct. When it comes to owl
| dcncc, then tho court will have some
| thing on which to rule. Unless It de-
lays tho court or takes room unncccs
sarily, the court has no right to inter
! fcro.
An exception was noted and the
goods were piled up on counter be
fore tho jury. Tho same goods tha,
were there at tho last trial.
/ The S0liciior was assisted by John
stone ~ W"lnh and the defendant was
rop 'cscntcd by Mossrs. Hunt & Hun,
and j. Y. Culbrcath.
TESTIMONY.
| j. j. IIentZ sworn says-By Mr.
So"sc: Live at Pomaria, Newberr,