Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-07-18
Saturday, July Is, 1903.


was worth, bearing the burden Of the
tremendous personal interest that the
defendant had at stake. In conclusion
he claimed that the state had made out
a clear case Of murder in the first de-
gree and beyond any reasonable doubt.
Mr.. Thomas F. McDow followed Sem
ator Brice in a strong appeal In behalf
of the prisoner. He laid especial stress
on the threats that were alleged to-
have been made against the prisoner,
and asked the jury to consider what
they would have done In the circum-
stances. He claimed that the prison.
er certainly had a right to defend his
life. The faces of the jurors carried
expressions Of the utmost seriousness,
and Mr.. McDow dropped for moment
into a vein Of humor, irony and ridi-
cule. The unpronounceable name OF one
Of the witnesses was taken as the oc-
casion. and young Shepperd, who had
seen and heard things that had not
been seen or heard by any other wit
ness was made the object Of the at
tack There was some suppressed mer-
riment in the audience, and sugges-
ton Of it on the countenance Of one or
two jurymen, but 1t was not general.
The speaker also analysed the testi-
mony and showed how the killing could
have been done under the circumstan-
ces claimed by the defendant, and he
concluded with pathetic appeal In be-
half Of the young stranger who had
trusted himself to their judgment, etc.
Up to this time the attitude Of the de-
fendant had been one Of quiet interest
that was suggestive of little more than
confident Indifference; but during the
speech of Mr.. Mellow, he broke into
tears and covered his face with his
hands.
F.P. Mccain, Esq., followed Mr.. Nc
Dow. He made no attempt at oratory;
but confined himself principally to
statement of the law applicable to the
case, and analyzed the testimony to
the; end of making out case Of justi-
fable homicide under the plea Of self
defense. He sought to discredit the
testimony of shepperd, and to make. IL
appear that the defendant had done
the right thing under the circufn-
stances.
Solicitor Henry made the closing
speech for the prosecution. He began
by defining the law as to murder and
self defense, leaving the possible ques-
tion of manslaughter entirely out OF
consideration. Hee claimed that IN
view of the threats alleged to have
been made by the deceased, the de-
fendant should have taken steps to put
Foskett under peace bond, or should
have demanded Of the superintendent
that II the man was not sent away
from the mine he would go himself
Then he reviewed all the circum-
stances of and preparations for the
killing from the standpoint OF deliber-
ate. murder, with malice aforethought.
He stated frankly that the evidence
showed no motive for the murder; but
intimated very clearly that Mrs. Fos-
kett was the fly in the ointment; that
It was on account Of her that the crime
was committed. ....
Judge Klugh made a clear exposl-
ton Of the law In brief, but COM
prehensive charge, and the jury after
remaining out less than half an hour,
returned with a verdict Of guilty OF
manslaughter."
Mrs. Foskett, as a matter, OF course,
had been summoned by the state.
That was because she had been used by
the coroner to make out the States
case at the inquest. Had she not been
summoned, the defense would have
had an opportunity to make capital OF
| the fact. But the State declined to
lput her on the stand. 1t was known
| that her testimony would be In be-
half Of the defendant. She sat With
the defense during the trial; but was
not sworn. It was evident that the
defense did not deem such step
prudent, for she would have then be-
come a witness for the defense, and
with such testimony as may have been
drawn from her during the cross-ex-
animation, it is possible that there
may have been q verdict Of murder.
The case of the State VS.. VIM. A..
Harper, indicted for the murder OF
Arthur A. Dellinger on June Is, was
called on Friday morning. Upon ar.
raignment the prisoner pleaded not
guilty and the drawing Of the jury
proceeded as follows:
N. A. Simril was excused because OF
relationship. ]. Wylie Roddey, T. G..
Dowdle and T. E. Patton were sworn
one after the other. The defense OBJ
jected to" R. ]. Herndon. and also to
w. B. Riddle after the latter had been
placed on his voir dire. s. c. David
son was sworn. D. M. Ford, Jr., was
excused on his voir dire. ]. w. Boyd
was excused by the defense. ]. E..
Plaxico was sworn. ]. A. HarshaW
was sworn, as was also Robert M.
Sherrer. Messrs. T. B. Belk and w. l..
Hill were excused by the defense. c.
| L. McElhaney, A. K. Sherrer, H. H.
Hood, A.. l.: Black and c. R. Starnes
completed the panel. Mr.. Roddey was
selected as foreman.
There was very considerable interest
In the case among the people Of Bethel
township especially in the neighbor-
hood in which the killing occurred, and
a large number Of them were present
to hear the trial. The court house
was quite full of spectators.
At the opening of the trial Solicitor
Henry announced that Mr.. John r.
Hart had been associated with the
State and Mr.. w. B. McCaw, counsel