Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-02-14
THE COMMON PLEAS.

To the surprise of all concerned,
there really was not quite as much
need for the extra term Of the court
of common pleas that convened last
week as was generally thought. From
the outlook when the term commenced,
there would be two solid weeks OF
business and there would still be
enough left to take up all the time
that could be spared at the approach
ing regular term. But those IN posi-
ton to know most about such matters
seldom attempt any predictions along
this line, and the experience OF the
past ten days has confirmed them IN
the wisdom Of this policy.
If all the cases set Tor trial had
really been tried-that is, If none OF
them had been cut short by non-suits,
the two full weeks would have been
consumed, and there would have been
some unfinished business for the reg
ular terms. But it was the non-suits
which upset calculations, and this up
setting came with all the more force
because they were so totally unex-
pected.
When THE ENQUIRER went to press
Tuesday afternoon there was reason to
believe that there would be nothing
more all day Wednesday except the
McKeown case, in which the South
Carolina and Georgia Extension rail-
road was being sued for damages IN
the sum of $4,000 for the killing Of the
late Westly McKeown. The plaintin
had Just opened the testimony In sup
port of his complaint and the large
number of witnesses that were In wait
ing on both sides seemed to furnish
ominous evidence as to the probaple
magnitude Of the battle.
After the. plaintiff, however, had
completed the presentation Of his case,
Mr.. c. p. Sanders, for the defendant
moved for a non-suit on the ground
that the testimony was insufficient TO
sustain a single allegation Of the COM
plaint that had not been specifically
admitted. He presented his contention
in an extended argument In which ne
thoroughly anaylzed all the testimony
that had been offered, and before ne
had concluded there was a pretty gen.
eral impression that he would win out.
Mr.. w. B. Wilson for the plaintln,
however, delivered a strong argument
on the other side and made the situa-
ton rather doubtful again. The court
was deeply puzzled. It admitted as
much, but at the same time Indicated
an inclination to decide with Mr.. San
ders. The controversy continued during
about three hours and was intensely
interesting. His honor finally decided
he would sleep over the matter and
give his opinion next morning. The
Jurors, who had been locked nearly all
of the afternoon were released and the
court took a recess. Next morning the
attorneys fought over the same ground
of the previous afternoon again and
used pretty much the same argu-
ments. But Judge Dantzler had reach
ed q conclusion In the meantime, and
gave his opinion at some length IN ia
vor of the defendant. Generally speak
ing, his conclusion was that the evil
dence submitted by the plaintif left
no doubt in his mind Of the fact that
the deceased was what Is known in law
as a tresspasser, and that the plaintin
had not been able to show that his
death was due to any criminal negli-
gence on the part Of the railroad COM
pany.
The other jurors having already been
discharged and there being no further
business for the remaining panel, 1t
was also discharged.
After the discharge Of the jury, the
court gave it's undivided attention to
equity business, and continued to work
until A. o'clock Thursday afternoon
when, the calendars having been clear
ed It adjourned sine die.