Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1904-11-18

M. II. blBSeT, WeH-kuOWh youu6
school teacher Of the Ramah neighbor-
hood; but 1t developed before the trial
was over as 1t was already understood
by the people of the neighborhooG that
Mr.. Bigger was the real defendant, and
that Boozer Martin and his wife were
the people against whom he was try
ing to defend himself. II seems that
the incident which brought the matter
into court occurred on the 18th OF &C.
tober; but the case really had its ori-
gin sometime last February.
Mr.. M. r. Bigger was the first wit
ness. He testified first that on the
18th day Of October, he with two
brothers were engaged in hauling peas
from the field. 1t was understood that
they were also to haul some cotton for
Boozer Martin, cropper on the place.
At least when the wagon came by,
Martin wanted to put the cotton on.
Robert Bigger, aged IA, told Martin
that they could not haul the cotton
that load because Of so many peas on
the wagon. Martin began to abuse
Robert, and Mr.. M. r. Bigger rebuked
him. Martin then went to his house,
got his gun, and after Mr.. M. r. Big
ger had passed fired In his direction.
1t was not made clear whether he had
tried to hit Mr.. M. r. Bigger or not.
Two brothers Of Mr.. M. r. Bigger cor
roborated him in this part Of the tes-
timony. After reciting the circum-
stances above, Mr.. Bigger in reply to
questions from counsel, told Of an IN
cident that occurred in February pre-
vious. Mr.. Martin had sent for him
to come to his house, and he had gone.
Mr.. Martin was not in. He said to
Mrs. Martin: "Mr. Martin sent for me
to talk about a business matter, where
Is he?" II did not send for you," the
woman replied. mo-" answered Mr..
Bigger, u did not say you did, but Mr..
Martin did," "It's a lie. / did not send
for you. have no business with you.
You get away from here and don't you
come back" was Mrs. Martin astound-
ing deliverance. Witness left the
house and met Martin short distance
away. He told Martin what had oc-
Cured, and assured him that L. Mrs.
Martin thought there was any inten-
ton to insult her, she was fearfully
mistaken. Martin appeared to be
friendly enough at the time. Witness
spoke to Martin next time he saw him,
but Martin did not speak and after
that witness paid no more attention to
either of them. Later Martin was at
Bigger's house, or rather at the house
There was no further speaking. how
ever, until witness rebuked Martin for
abusing his brother.
Boozer Martin In reply, admitted
that he had fired his gun In the direc-
tion Of Bigger on the occasion men,
toned; but did not try to hit him;
that his object was merely intimida-
ton, and to show that he stool pre-
pared to defend his home, etc. Mrs.
Martin had told him what had occur
red on the occasion Of Mr.. Blggers
visit to the house, and he had been
very much concerned about the matter
ever since, etc. Mrs. Martin went on
the stand and told a story to the effect
that Bigger had come to the house
and made indecent proposals ID her;
that she had repelled the proposals In
such manner as to frighten Bigger,
and that Bigger had promised her that
IL neither she nor her husband would
expose him, he would never put his
foot in the door again.
There were dozen or more OF the
most prominent men Of the neiShbor-
hood present to testify to Mr.. Blggers
character and good reputation; but
the court ruled that Mr.. Biggers char
acter was not at issue, so the witness
es were not allowed to testify.
Speeches were made by Thomas F.
Mellow, Esq, and e. Earle ThGrnwell
for the prosecution and by Major Jas.
F. Hart, John r. Hart, Esq, and P. ID.
Barron, Esq, for the defense. After
listening to the judges charge the Jury
mony with great care and returned
verdict Of guilty Of assault OF a high
and aggravated nature with a recon-
mendation to mercy. fs. .aa
In pronouncing sentence, Judge
Watts blistered Martin without re-
serve. He told him that the shooting
was a small matter; but his crime OF
trying to blast a mans character In
such a contemplate manner end by
such contemplate means, was about
the meanest crime a man coulo COM
NIT The judge made 1t clear that In
his opinion both Martin and his wife
had lied from start to finish and had
manufactured their story out Of the
whole cloth. He felt 1t his duty, how
ever, to give due Difference to the
jury's recommendation and he imposed
a sentence Of $40 fine or four months
on the public works of the county.
It Is generally understood through
out the neighborhood that Mr.. Bigger
had no malice whatever in the matter,
and that he really felt no resentment
toward the Martins. The Martins
had slandered him., and he instituted
the prosecution solely for the purpose
Of vindicating his character.
The court on yesterday afternoon
took up the case of John Stewart
charged with violation Of the dispen-
sary law. Stewart is charged with re-
sponsibility for the Jubilee distillery,
a notorious liquor den that folrished
on the line between North and South
Carolina, for some time previous TO
last April when 1t was broken up BY
Sheriff Logan, assisted by dispensary
constables. Stewart Is charged with
selling liquor and maintaining nut-
sance generally. Thomas +. McDow
ESQ, represents the state and fs being
assisted by Senator Brice. Maj. Jas. b,
Hart and Jno. r. Hart, Esq, represent
the defense. A large number OF wit
nesses were examined during. yester-
day afternoon and this morning, and
when THE ENQUIRER went tc press
the case was still in progress The
fact that the Jubilee distillery vas, q
nuisance and that liquor wa5 sold
there in unlimited quantities has been
made very clear; but owing to the
evasive nature Of the testimony char
acteristic of cases of this KIND, 1t Is
impossible to forecast the verdict.
The work Of the sessions will proba-
bly, be concluded this afternoon.
LOCAL LAcoNIcs.