Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-12-08
CIRCUIT COURT.


In the case of Lucy keenan, vs. D. P.
Leslie. which had not been concluded
when the last issue Of THE ENQUIRER
went to press, the jury was unable to
agree.
The issue involved Is the title to 81
acres Of land, situated at Leslie sta
ton. The plaintiff claimed the land
through an equitable title from Geo. H.
Sturgis and through right Of adverse
possession. The defendant holds the
land through title from the estate OF
Matthew Williams, deceased. and holds
papers from +. H. Barber to Matthew
Williams and Geo. H. Sturgis to F. H.
Barber. One witness for the plaintiff
testified that he knew that Ralph Kee-
nan had bought the land from Geo. H.
Sturgis: that Geo. H. Sturgis had told
him so. The plaintiff made an effort to
show that keenan, had also purchased
the land from Il. H. Barber and In
troduced a receipt from Mr.. Barber to
Keenan, showing partial payment;
but this receipt was. afterward with
drawn. The defendant put up testi-
mony to show that the plaintiff had
paid Matthew Williams rent for the
land; but the plaintiff claimed that the
rent testified to was for other lands OF
MIR. Williams that were being worked
by Ralph keenan,.
The jury remained out on the case
for about four or five hours. 1t Is un-
derstood that 1t stood about four for
the plaintiff and four for the defend
ant, with the others willing to go to
either side, if by so doing they could
secure an agreement.
The next case, Catherine M. White
sides, ct al, VS.. ]. B. Martin, ct al, con-
suned the balance Of Friday and Sat-
urday until noon, when the court took
a recess until Monday, in order that the
jurors might go home and also In or
der that the afternoon might be devot-
ed to equity matters. The case was
resumed yesterday and continued until
this morning when the jury, after re-
ceiving the judges charge took the pa
pers. Messrs. Thos. F. McDow and
C. E. Spencer represented the plaintiff
and Messrs. ]. S. Brice and G. w. 5.
Hart the defendant. The dispute in
volved the title to 275 acres Of land In
the vicinity of Kings Mountain battle
ground. Both sides have papers COW
ering the same land, and the question
before the court was to decide which
chain Of papers represented the legal
title. In addition to the land, the
plaintiff also claims $4,000 damages on
account Of timber that has been taken
therefrom by the defendant The ver-
dict was as follows: I'VE find for the
plaintiff, twenty-seven fortieths Of the
disputed land and seven hundred dol
lars damages" Defendants counsel
gave notice Of a motion for a new
trial.
Upon the call Of the venire yester-
day. the following jurors, drawn to
serve during the second week Of the
special term answered to their names:
J. w. Jackson, ]. L. Kimbrell, 1. H.
Campbell, R. l.. Robinson, j. o. Moore,
J. M. Roach, J. A. Garrison, w. H.
Moore. B. F. Marley, Geo. T. Schorb,
r. M. Barnett, ]. L. Stacy, r. M.
Whitesides, N: P. Simpson, Henry
Massey, ]. M. Brian, w. A. Oates. H.
E. Hood, T. ]. Nichols, H. c. Warlick,
Gill, j. j. Henry, T. A. Matthews, T.
NJ. Whisonant, w. P. Smith, John Half
ner, J. M. Love, Claud Inman.
Messrs. E. M. Blankenship and T. A.
Moore had been reported mot found"
by the sheriff and the following were
excused by the court: o. l.. Sanders,
w. ]. Stewart, w. B. Byers, ]. G. San
differ.
In order to complete the venire ten
extra jurors were drawn from the Z
mile box as follows: R. L. Smith, G..
A. Wilkerson, W. S. Barnwell, A. E..
Burns. G. M. Carroll. w. B. Moore, j.
r. Stephenson, w. T. Cain, L. H. Cas-
ties, A. E. Gettys.
The first case taken up during the
second and last week of the extra term
was that Of Maggie Morrow, colored,
as Administrative VS.. Catawpa POWER
Spencers & Dunlap rep
resent the plaintiff and A. G. Brice,
ESQ.,, and w. B. Wilson, ESQ.,, the de-
fendant. The suit is for $4,000 dam
ages, on account Of the drowning Of
the plaintiffs husband, while in the
of the power company.
This case was entered into this MORN
ing. but has not yet been concluded.
The first Of the damage cases on ac-
count Of the Fishing creek disaster,
will be that in which Mrs. Eliza F.
Buist and her husband H. r. Buist, are
the plaintiffs. 1t is possible that this
case may be reached this week; but
not probable, as there are several in
cases that have the right Of
way.