The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-09-03

The caSe against Marion DuranG,
Isaac Colclough and Sam Gardner for
gambling was dismissed. The city
failed TO make out a case beyond q
reasonable doubt and the defendants
were discharged.
assuathy trial by Jury Friday.
The Mayors court was the center OF
interest last Friday and 3 crowd That
flied the room and blocked the doors
and windows sat patiently through sew
eral hours of examination and cross
examination OF witnesses.
The case was that of che city VS..
Jos. 81. ViIleneuye for disorderly con-
duet and creating a disturbance at the
Ni1on House on Main street and con-
tinring TO the Opera House on Main.
street on the night of August 9th.
The case was called for trial yester-
day but the defendant demanded q
trial BY Jury and Mayor Stuckey post
poned the trial until today so that a
Jury could be drawn and be in readl
ness at the sppointed hoCr.
The trial began shortly after AZ
o'clock. The jury vas as follows: z.
W. a. Bultman, W. B. Banding, d.
J. Aud, W. r. Burgess, j. L. Hsyns-
worth and J. H. Darr.
Officer 81. II. Smith VINO made the
arrest, A. j. Moses, P. P. Gaillard
Jack Moses, W. J. Nils and Todd
Folsom were put up as Witnesses by
the city and OsSo Teicher, George
McKsgen, Eugene Miller, 0. B.
OsNeal, Leo Miller and Jos. b.
yilEenueve were put on the stand to
testify by J. H. Clifton, ESQ.,, who
represented the defense.
The difficulty had its origin in the
Office Of the Nixon House about 8
O'Clock, Wednesday night. j.
ViNenueve and W. j. Mills, the latter
an insurance man who has been In the
city on business for the past ten
DAYS or two weeks, got into an alterca-
ton at the cigar stand about propo-
gi5ion to make bet ON throw with
the cigar machine. Jack Moses, who
was ae the cigar stand at the time,
testified that Joe Vilieneuve proposed
TO bet Mills, who had Justcame up to
the stand, that he could make better
throw on the cigar machine than Mills
conid, the bet TO be a dollar. Mills
agreed and Villenueve told him to put
up tie dollar. Mills said he had no
change but he was coed for it>and
turning TO him Jaeg Moses asked
him TO pav the moRey il he lost.
Villenueye said he would not bet that
way, that Mills word was not good
for anything and cursed Mills, apply
ing vile epithet, that usually means
fight on the spot. About this time
his father, Mr.. a. j. Moses. came into
the Office and hearing Villeneuve's
language told him to leave the house
and TO stay out, and carried him out
of the Office and down the steps. After
ViIieneIye got out Mills went ont of
the Office on the piazza and said to
ViIienueve, who was on the sidewalk
at the bottom of the steps, that he,
Villeneuve, was too dirty or low for
him to notice, or words to that effect.
VillenenVe ran mp hesseps and struck
Mills, who had turned to Renter the
Office, from the rear. Mills went, into
the dining room and Fi1leneuge8 at
tempted to follow him into the house
but was held and finally put out by
himselfsand father Duying the scnfHe
Villeneuve was cursing in loud voice
and used very profane language.
Mr.. a. J. Moses and Capt. Gaillard
did not see or hear the beginning OF
the diRculty In the Office, bat other
wise corroboratsd the testimony of
Jack Moses. Capt. Gaillard said he
saw O. B. O'Neal strike someone in
the melee when Yilleneuve was trying
to follow Nils into the dining room.
Thought it was Mills but could not be
posisive about i. NJ A.. J. Moses
said thstsafter ViileneuVe had been put
out and had left she hotel, Mills, who
was going gon Main streets came to
him to borrow q pistol saying be had
been advised to get one to proetct him
self. Had said to Mills that he need
ed no pistol. He had telephoned for a
policeman to come to the hotel to stop
the row and had been answered by
Officsr Seymour, but Seymour had
never come to the hotel. He said also
+hat later. after Mills had been up TO
she Opera House and returned crowd
had come around the hotel, some being
on the street and others went to the
side and rear of the house, Joe Viii
Jeneuve was in the crowd.
Officer q. n. Smith testified that
while in the police Office about $50
o'clock Wednesday night. Mills and
another man came in and Mills asked
him for protection, telling him of the
row at the Nixon House and that there
was a crowd on Main street members
of which had cursed and threatened
him as he drove by. He had told
Mills that he would see that he was
protected and went with him through
the alley to the front Of the Opera