Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-07-14
RULE TO SHOW CAUSE.

by Judge Gage against Messrs. WV.
Auten and J.,H. B. Jenkins requiring
them to show cause why they should
not be attached for contempt Of court.
The rule was based on an affidavit OF
F. P. Mccain, Esq, who claimed that
during a recess Of the court he heard
Messrs. Auten and Jenkins talking to-
gether about case which was at the
time under the consideration Of jury
of which Mr.. Auten was foreman.
The case in question was that of
the State against Sam sibley and 9TH
ers charged with gambling. Messrs. j.
II. B. Jenkins and J. F. Wingate were
the principal witnesses for the prose-
cution, they having had taken an ac-
tive part In the, arrestlof the alleged
gamblers, Messrs. Thomas F. McDow,
M. B. Jennings and Frank p, Mccain
were associated together for the de-
fense. The evidence against the ac-
cused seemed to be quite clear and the
Jury returned a verdict Of guilty. Coun-
sci for the defendant, made motion
for a new trial, and 1t was In the show
ing made on this motion that the am
davit of Mr.. Mccain was published.
The affidavit was made before Thos.
F. Mellow. notary public, and the body
Of 1t is as follows:
Personally appeared before me
Frank p. Mccain, who being duly
sworn, says: That he is one OF the
attorneys for the defendant, Sam Sib-
ley, and that on yesterday, July 11th.
after the jury had been empaneled
and arguments for the defendant had
been made, during the recess, deponent
passed the foot Of the stairs at the rear
Of the court house, in front Of the
county treasurers' office, and saw Mr..
]. H. B. Jenkins and W. w. Auten, who
was the foreman Of the jury In this
case. p engaged in conversation, and
heard Jenkins say to Auten: THE
farmers Of this county had better look
after those negro gamblers" or words
to that effect. This conversation be-
tween the said parties took place just
a few minutes before the court con-
vened, and that deponent Immediately
informed his colleagues, Thos. F. NC
Dow and M. B. Jennings as to what
he had seen and heard, and suggested
that the matter at once be called to
the attention Of the court: but the
said Thos. F. McDow suggested that
It was advisable to go to the parties
and ask them as to the conversation
before taking any action In the matter,
and at about o'clock on yesterday this
deponent saw the said jenkins and IN
formed him that he had heard the con-
yersation above stated, and Jenkins ad-
mitted that he had had the converse
tion, but stated that he was not aware
of the fact that Auten was on the jury.
Dcponent then informed him that he
wss going to bring the matter to the
attention Of the court"
Upon showing made In the foregoing
affidavit. Judge Gage issued his rule
against Messrs. Jenkins and Auten re-
auiring them to show cause why they
should not be attached. Mr.. Jenkins
had returned to Rock Hill; but on be-
ing informed of the rule came back on
the afternoon train. Mr. Auten was
still in town, not having yet been dis
charged from service on the jury. Both
parties appeared before the court yes
terday afternoon, Mr.. Auten being rep
resented by Hon. D. E. Finley and Mr..
Jenkins by Messrs. Spencers & Dunlap.
The return of Mr.. Jenkins was made
In the form Of an affidavit sworn to
before ]. s. Brice, notary public. The
affidavit was as follows:
Personally comes before me, ]. II. B.
Jenkins and makes oath that on the
18th day Of July. 1905, the deponent
and one - Strait, were in converse
ton In front Of the county treasurers
office, discussing the care OF State VS..
Mobley, and then branched of on 9TH
er subjects and in said conversation
the subject of gambling did come up
and while In said conversation one w.
w. Auten did come up but took no
part in the conversation nor did he re-
main with the deponent and the said
Strait long enough to hear enough Of
the conversation to have been In
fuenced by anything said by either
Mr.. Strait or the deponent.
Deponent further states that he new
er said to Strait, or In Auten's pres
ence, THAT the farmers Of this coun-
ty had better look after the gamb-
lers" that In the course Of the CONVEX
sation with Strait, and probably before
or after the said w. w. Auten passed
by, he made this general statement:
"If the farmers would get together and
help to round them up. they would do
better than in trying to shut 1t up"
that this conversation was entirely
with Strait: that this deponent had
no conversation with w. w. Auten
about this particular Case.
Deponent does particularly deny that
he admitted to Frank p. Mccain that
he had any conversation with W. w.
Auten In reference to this particular
case: but deponent did tell Frank P.
Mccain that II Mr.. Auten was present
and heard any part of this conversation
he was very sorry for 1t, and did not
intend to influence him In any way,
and II he did he was very sorry for 1t,
for he had no motive In trying to In
fiuence him."
Mr.. Auten's affidavit, also sworn to
before Mr. Brice, was as follows:
Personally comes before me, w. w.
Auten and makes oath that on the
11th day Of July. 1905. he was passing
by the county treasurer's office and just
In front of said office was one j. n.
B. Jenkins and one other party whose