Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1904-11-29

oottle to thy nelghbors lips and max;
eth him drunken also!" 81
~ CIRCUIT COURT ~
Although considerably weakened on
account Of the bilious attack he sus-
tanned last Wednesday, no doubt as Z
the result Of overwork, Judge Watts
resumed his place on the bench yester-
day morning ana win stick out the re-
mainder Of the week unless he finds
the task q physical impossibillty.
The following jurors answered to
their names on the call Of the venire
yesterday morning: ~ 49,!
8. II. Hay, II. e. Johnson, T. +. .
Lesslie, A.. B. ourrence. Sidney Fried
helm. @. B. McCarter. J.. w. sherrer,
]. r. Spears, M. c. Dunlap, F. z. Hull.
y. C. Mcknight ]. q. Harshaw, e. p.
Love, 3. M. johnson. w. @. Turner.
M. L. Dickson. w. @. Hayes, 8. K n.
Carothers, 8. p. Sutton, w. B. Feweli. (
Jr, z. r. Shannon, q. D. Thompson,
Jr. G.. M. Carroll. w. B. Stroup, =.
NJ. Leech, A. B. LINDSAY. j. N. Smarr,
r. J. Mackoreil, J. c. McGill, J. L.
Kimbrell. G. L. Moore. L. J. Lumpkin,
Saxby Chaplin. ~
Messrs. F. e, Hull and Sidney Fried
helm were, upon. proper showing TO
the court, excused from further SER
vice. $50
The first case taken up yesterday
was that Of John g. McKeown, as adj
ministrator Of the estate of J. W..
McKeown, against the South Carroll
ma and Georgia Railroad company.
The suit grew out Of the killing Of Mr.,
J. w. McKeown by freight train OF
the defendant company on the night
Of February s, 1901. Mr.. McKeown
had spent the day In Yorkville and II |.
was understood that he was to spend
the night with Captain e. A. Craw-
ford. He left Captain crawford's
house without saying anything about
his intentions and a few hours later
he was found In dying. condition In
railroad cut on the outskirts OF
Yorkviile. 1t developed that he had
set out walking along the railroad and
was probably bound for his hsrne be-
yond Hickory Grove. he was hard OF
hearing and was knocked from the
track by freight train which came
on him from behind. He was stiIl
alive when assistance came. but died
within short time afterward, without
having been able to tell great deal
about his misfortune,
In his complaint the plaintiff set
forth all that was essential among the
foregoing .facts and further that the
railroad track had long been used az
a public, travel way with defendants
knowledge and acquiescence; that the
headlight on Defendants engine was
not lighted; that the engineer and
fireman knew or should have known
that the stricken man was not dead,
and that they tecklessly. wanaonly and
negligently failed to stop and take
care Of him, but continued on their
way. The plaintiff also complained
that IL the train had been supplied
with proper headlight, the DECEASED,
although deaf, would have been warn
ed of approaching danger and saved
himself. Further the plaintiff COM
planned that but for the Defendants
negligence In allowing the deceased to
lie for hours In the wet and cold. the
injuries that had been inflicted would
not have proved fatal.
Answering, the defendant denied all
Of the material allegations Of the COM
plant save that the deceased was
probably hard OF hearing, and went on
to set up that II the plaintiff was walk
ing along the railroad at the time he
received his injuries he had no legal
right to be there. 1t was further claim
ed that II 1t were fact that deceased
was deaf. he was extremely negligent
In taking the chance Of walking along
a railroad track where trains were GER
tain to pass, and that he therefore
contributed to any injury that he
might have sustained. 5 Il.
The principal conflict in the testi-
mony arose over the question as to
whether or not the headlight was
burning that night. Isaac Wright, a
colored witness for the plaintiff, testi-
fed that the headlight was not burn
ing. He lives near the Yorkville de- :
pot and was there when the train ar
rived. There was lively little quar-
rel because the headlight was NOT
burning and IL developed that there
was no oil, at least so one Of the
members Of the crew stated. Some
body struck several matches trying to
light the headlight. A negro brake
man testified that the headlight was
lighted at Rock Hill and burned all
right through to Blacksburg. A Segro
fireman testified that he lighted the
headlight at Rock Hill, and said that
the quarrel testified to by Isaac Wright !
had not occurred; that there vas no
occasion for 1t; that all trains invar-
iably carried an abundance Of oil from
and that they never looked
for supplies excspt- at Rlscesssrs esv
Camden. Engineer Albert alao testf-:
fed that the headlight was burping
throughout the trip in perfect erSEsE
Sheriff Logan testified that on DE-
morning after the killing Engineer
bert had said to him that he was tnts
able to see ahead for the reason thai
he was running by the light OF tie
moon, creating the impression In the
mind of the witness that the headlight