Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1900-11-17

|
coat, pants, shoes, hat, etc. In the
presence Of the witness, Mrs. McGin
accused Wilson with having burned
the barn. Wilson made no answer to
the charge. Witness also testified as
to the tracks leading to the house and
other circumstances Of the case. DR.. T.
B. Whitesides, G. c. Leech, Terrell
Smith, Allen Smith, and c. M. Whiso-
nant, all testified to various circum-
stances that developed during the in
vestigation of Tuesday night, corrobo-
rating the previous testimony as to
the tracks leading from Wilson's house
to the barn, etc.
Major Hart objected to all the testi-
mony that was intended to show that
the tracks leading to and from the
barn were made by Wilson. He held
| that the witness could not testify to
| tracks unless he saw them made. The
ract that the tracks may have looked
like those Of the defendant and the fact
that the defendants shoe fitted the
tracks, could not be taken as evidence
that the tracks in question were made
oy the defendant. The objection was
sustained and all testimony relating to
tracks, or rather purporting to identify
the tracks in question, as having been
made by the defendant, was expugned
from the record.
The story of the defendant was to
the effect that when he discovered Mrs.
McGill's cow in the cotton he went into
the field to drive her out and in this way
he accounted for the tracks to and
from his house. He claimed that short
ly after dark on the night Of the fire,
he went over to the house Of Terrell
Smith, some few hundred yards distant
after a mule. He took the mule home
fed 1t, cut some wood, weighed the cot
ton that had been picked during the
day and then commenced roasting
some potatoes for supper. 1t was while
occupied with the potatoes that he was
apprised Of the fire. AS soon as the
baby could be disposed of, he and his
wife went to the fire and did what they
could by way Of assistance. Terrell
Smith and Bud Smith testified that
they saw him at the fire and they also
corroborated his story about having
gone after the mule, the time he arriv-
ed at their house and the time he left
etc.
The jury took the case at about a
quarter-past Thursday afternoon
and after remaining in retirement fol
something like Is or 20 minutes, return
ed with a verdict of not guilty.
The case Of Paul and John s. Brat
ton, charged with the murder Of Harry
A. Brown, was called at half-past
o'clock yesterday morning. Mrs. Sal
lie E. Bratton, wife Of Mr. John s.
Bratton, and an important witness fol
the state, failing to answer to her
name, the solicitor asked further in
diligence Of the court. He said that the
witness had been arrested and that he
had an intimation that she was then
on her way to Yorkville from Chester;
but he preferred not to announce his
readiness to go into the case until as
sured Of the fact. The court granted
the indulgence asked for and there
was delay Of an hour or more until
the arrival Of the Carolina and North
Western freight train.
Upon the arrival Of the train, the
solicitor announced that the state was
ready.
About this time, the fire alarm was
sounded, and within few minutes the
court room was abandoned by specta-
tors, jurymen and quite a number of
lawyers. The fire alarm had come from
the graded school building, which was
entirely destroyed. It was half hour
before order was restored and business
was resumed.
Through their counsel, the defendants
waived arraignment, in order to save
time, and at 11.45 o'clock the empanel-
ment Of the jury was commenced. The
defense, entitled to 20 challenges, exer-
cised IL, and the state, entitled to TO-
exercised 4. Five Of the jurors were
excused by the court for cause, and
out Of IS names drawn, the panel was
completed at a quarter past IL o'clock
as follows: D. c. Boyd, J. T. Plaxico,
A. H. Merritt, E. P. Steele, A. A. Bur-
ris, D. J. Fitchett, H. G. Stanton, H. H.
Sherer, J. E. Brandon, w. E. Smarr,
W. E. Sanders, P. B. Neill. Mr.. D. j.
Fitchett was chosen as foreman.
The indictment, which was drawn so
as to charge both the accused as prin-
cipals, and both as accessories, was as
follows, with the usual indictment for
carrying concealed weapons, as requir-
ed by a recent statute:
At a court Of general sessions, be-
gun and holden in and for the county
Of York in the state of South Carolina,
at Yorkville, in the county and state
aforesaid, on the twelfth day Of Nov
ember, in the year Of our Lord one
| thousand, nine hundred.
The jurors of and for the county
aforesaid, in the state aforesaid, upon
their oath, present that Paul Bratton,
on the fourteenth day Of September In
the year Of our Lord one thousand,
nine hundred, with force Of arms at
Yorkville, in the county Of York, and
state of South Carolina, in and upon
one Harry A. Brown, feloniously, will
fully and of his malice aforethought,
did make an assault, and that the said
Paul Bratton him, the said Harry A.
Brown. tnen ana tnere 1elOMOuSly,
wilfully and of his malice aforethought,
with a certain loaded pistol did shoot,
strike, penetrate and wound; giving
to the said Harry A. Brown thereby in
and upon the body Of him the said
Harry A. Brown, one mortal wound; Of
which said mortal wound the said Har-
ry A. Brown did then and there soon
after die.
And 80 the jurors aforesaid, upon
their oath aforesaid, do say that the
said Paul Bratton, him, the said Harry
A. Brown then and there, in the man
ner and by the means aforesaid, felo-
niously, wilfully and Of his malice
aforethought, did kill and murder
against the form of the statute, in such
case made and provided, and against
the peace and dignity of the state
aforesaid.