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

the matter; but realized that he had
committed great crime and was will
ing to take his punishment, hoping,
however, that his honor would be as
merciful as possible. Senator Brice
read from testimony taken at the in
quest showing that the deceased was
killed in a scuffie and that the defen-
dant was not altogether blameless.
After rejecting over the case for a
few moments, Judge Klugh gave Bal
ley little lecture and imposed the
lightest sentence the law allows-two
years on the chaingang or in the state
penitentiary.
In the case of Jake Whit Wright,
convicted of riot, the court imposed a
sentence Of $50 or six months on the
chaingang, and in the case of Chas.
Floyd. convicted at the same time of
the same offense he imposed a sentence
of s25 fine or three months on the
chaingang.
VIM. Jenkins, alias VIM. Johnson,
convicted of larceny sentenced to pay
a fine of one dollar and go to the
chaingang for period Of one year. Sc
The case Of the State VS.. ]. L. NC
Lester, indicted for the murder OF
Jack Fockett at the Ferguson gold
mine on June 23, last was called Thurs
day morning. Mr.. F. P. Mccain, as
sisted by Mr.. Thos. F. McDow, rep
resented the defendant and Senator
Brice, because of the continued indis-
position Of Solicitor Henry conducted
the prosecution. Jurors were empan-
neled as follows:
]. W. Ardrey, foreman; S. w. Thom-
as, ]. Wylie Roddey, T. E. Patton,
Robt. M. Sherrer, H. B. Mcdaniel, w.
T. Hartness, w. B. Riddle, T. G. Dow
die, c. r. s;tarnes, A. K. Sherrer, E.
L. McElhaney.
The principal witness for the State
was w. E. Shepperd, a young man OF
about 20 or 21 years. He told a story
to the effect that on Sunday proceed
ing the killing, which occurred on
Tuesday, he heard McLester say that
"Foskett is the only man I have ever
had a craving desire to kill On the
morning Of the killing he, McLester
and Foskett were in the sand house
at the mill together. They were all
three together for some minutes. Wit
ness left the room and went down into
the mine, distance Of perhaps 80
feet While under the ground, he
heard four or five shots from a pistol
in rapid succession, and when he came
up he found Foskett lying dead near
the door Of the sandhouse. McLester
said that he had done the killing.
Witness said that he had not related
these facts before because he had not
been asked about them, and that at
the inquest he had fully and correctly
answered all the questions that had
been propounded to him. He stated
that he had no interest in Foskett or
McLester, and had no enmity what
ever against the defendant. Mr.. Fred
Frank, the superintendent Of the Fer
guson mine, identified the pistol with
which the killing had been done, a
44-calibre Colt, as one that he had sold
to the defendant. The defendant had
been on a trade for the weapon quite
awhile, but had not actually bought
It until the Sunday previous to. the
shooting. Mr.. Frank said that Nc
Lester had been employed at the mine
since the first of January last and that
Foskett had been there for about six
weeks. He stated that McLester had
been steady and Industrious.
Several other witnesses were put up
by the prosecution to develop clear
understanding as to the position OF
Foskett's body, the location and char
acter Of the various wounds, the d.
rection Of the bullets and other Cir
cumstances calculated to throw
light on the killing. No testimony was
offered by the prosecution to show a
probable motive for the killing. Mrs.
Foskett, the widow Of the deceased
was present, but the prosecution did
not see proper to have her sworn as
witness for the state.
The defense put up number OF W.T.
nesses in reply; but relied principally
upon the testimony Of the defendant
himself. He told story to the enect
that the deceased had made frequent
threats against his life during a perl
cd of several weeks previous. Mrs
Foskett had told him Of the threats,
and on the Friday previous to the KILL
ing he had overheard Foskett himself
make such threat: He, McLesteri
was at the. time In the home OF Mr'
and Mrs. F6skett, where he boarded
washing his. ha9Sg Foskett and ms
wife were in the room and Foskett
was unaware of HIS presence. He
overheard Mr., Foskett say to his wife
II am going to kill the d. -sTb- On
the Sunday following that he got
revolver from Superintendent Frank
He had seen Foskett several times
during the morning Of the killing. He
admitted that he, Foskett and Shep-
perd were in the boiler room OF the
mill building together at one time
He stated that while engaged In mend
ing a belt he happened to look up
and saw Foskett some twelve feet
away with a drawn stick in his hand
advancing as If to strike. He immedi-
ately drew his revolver and began fir
ing as rapidly as he could. He could
see nothing after the first shot, for the
smoke. After firing two or three
shots he saw that the deceased had
fallen. He was unable to give any rea-
son whatever for the hostility that the
deceased had exhibited toward him.
L. l.