Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1899-11-16
y WALHAI.LA, s.. c.: A..
THHURsDA Avs nov. 10, 1890.
COURT '1ISs'' o'aen7Nf,lE;ElDlMes @ ,l;l ceAcLveEc.
Mlstrlal IN YENtcaln N Case indictment Agains
W. n Powers Quashed- Grand and
T. Petit Jurors Illegally Drawn.

Lug COufg OI sessions did not adjourn
sine die untilSrhursday night aftor tho
Elcain was discharged upon its failure
to agree. AS was stated last week tho
trial OF this case was commenced on
Wednesday morning aud was in progress
when we, won't to press. Tho taking oi
testlimony consumed noarly all tho day,
and 1t was five O'Clock in tho afternoon
when j. w. Shelor, Esq, began tho
opening argument for tho defense. lie
concluded his argument that evening,
a. ana Ihursday morning at $50 O'Clock Il.
L. Jaynes, Esq, resumed tho argument
Tor the defense. At II A. M. Solicitor NJ.
+. Ansel spoke for tho Stato Tho Jury
was charged by Judge Gary at IL M. and
me oase vas given to thsm; The jury
remained Tout until 8 O'clock Thursday
night, when tho announcement was made
that they had failed to reach an agroo-
ment. An order for q mistrial was then
entered. 1t was given out that tho jury
$1,000 eight for acquittnl and four for
manslanghter. A verdict Of acquittal
tnn Monsa have mot with popular approval,
N laVor OF defendant. 1t was conceded
shat no made q strong case of sclf-do-
tense. An order for bail was signed by
:. ..Jud8e Gary Friday morning in tho sum
OF $1,000. The bond was given at once,
and @ defendant discharged.
:, The case Of the State against William
*. Powers was called for trial Thursday
at noon, after the jury in the above case
Z retired. Hon. Geo. E. Prince, attorney,
Z moved for o continuance until next term.
a Upon this motion bcing refused, a mo-
\ Gion was made to 1uash the indictment
upon the ground that tho grand jury
had been Illegally drawn. The motion
& was pottomed upon aflidavits mado by
=. -, Haley and e. A. Perry, that they
had attended the meeting of tho Board
OF County Commissioners in January
last. Haley said that he was informed
lpy Whom not stately that ho should
Saraw certain number of jurors from
his (Center) Township. which had been
apportioned to said Township; that he
rePare9 fns H;r the number of names necessary
&1or ms township alone, without any Co
S2peratlon 9, on the part of any other mem
per o.Hihe Board, and placed tho same in
3the jury box; that there was no other
raoti0n taken by tho Board i'm selecting or
Ef1atlfylng the list SO prepared; that ho
Z Knows nothing of tho names of jurors
selected ae from other Townships in the
70 the Same effect
upon this ground Judge Gary ordered
!. Che tiudictneat quashed for tho reason
SshaG the grand jury finding the bill had
jbeen Illegally selected. This, of course,
soPorated to continue tho case until the
giext March term, when Il now bill of i'll
.aiictment will bo handed out by the So
.,licitor. >E
SO soon as it was found that tho grand
ana petit jurors were illegally drawn,
the attorneys for Powers spread upon
the minutes of tho Court n petition de-
manding N, trial at tho present term.
This could not bo furnished by the State
s tor the foregoing reason, and hence an
order for bail was granted in tho sum of
SS. OND Power Ia ctil1 in IN; hDuo,o.
& lhaying failed so far to give bond.
IL having been held by tho Court that
the grand jury drawn in January last
was Illegal, an order was taken directing
Gne jury commissioners when drawing
the grand jury for the year 1000 to draw
the names of eighteen persons to serve
as grand jurors for next year. This
order set aside tho six grand Jurors
drawn at this term from the present
panel to hold over next year. The fol- |
lowing names were selected Wednesday
morning: j. b. Phillips, G. =. Phillips,
Ihomas \. Chalmers, William Orr, Thos.
w. Bollotte and j. =. Arvc. But owing
10 the above defects their selection was |
set aside and they will not serve next
year.
Other cases wore disposed of as fol-
lows;
The State vs.. Samuel Evans, rape.
True bill. Continued. Defendant was
granted bail in tho sum of $3.50.
/. Ihe State VS.. Jeptha Reese, violating
.dispensary law. Guilty. Sentenced to
pay Q fine of 500 or chain gang for three
months.
Tho State vs.. Henry Dunn, bigamy.
True bill at july term of court. Guilty. |
Sealed sentence.
ls5 The State vs.. Earnest Evers and M. T.. |
3Eyers, obtaining goods under false pre-
itense. Truo bill. Continued.
Tho State VS.. Oscar Wright, house
breaking and larceny. True bill. Pleaded |
guilty. Sentenced to four months on
The Court Of Common Pleas convened
Friday morning. The Court was engaged |
until Saturday noon in tho trial of equity |
causes and lie taking of orders in cases |
that were not litigated. a great deal of
OWL business was transacted, considering
the short time in which it was done |
Judge Gary possesses tho happy faculty |
OF dispatching business rapidly and with |
tho least friction. This is the third torn
or Court in Oconeo at which ho has pre-
sldod, and his fitness for tho bench is |
universally recognized. He was a lawyer
wlth heavy practice before his elevation
TO tho bench and he has boon hard
worked Judge ovor since. The lawyers
IKE 10 have their cases heard by him.
and rs consequence he generally leaves
u clear docket behind him. This il one
OF tho soycrest practical tests by which |
10 determine the esteem and confidence
IN which tho members of tho bar hold q
Judge.
-------------a b----
Result OF Last Tuesdays EIection