Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-11-23
CIRCUIT COURT.

The progress of the court this week
has been rather slow on account OF the
nature and Importance Of some OF the
cases handled, and the probability
seems to be that the sessions docket
may not be cleared this week.
When the last issue Of The Enquirer
went to press, the jury was still out
on the case of VIII Currence, charged
with manslaughter. For several hours
1t looked as If there would be a mis-
trial in this case; but late in the af-
ternoon the jury returned with a YER
dict Of not guilty. ]. s. Brice, ESQ.,,
represented the defendant.
The next case taken UP was that OF
DR.. J. B. Bowen, charged with viola
ton Of the dispensary law. This Is
one Of the cases commenced last sum-
mer by the seizure by the state con-
stables Of various kinds of alleged med
ical preparations, used to a greater or
less extent as beverages. The town OF
Yorkville assisted in the prosecution
which was conducted principally by w.
w. Lewis, Esq, town attorney. Thos. F.
mellow, Esq, and ]. S. Brice, Esq., ap-
peared for the defendant. The state
constabulary had assisted in getting
up the testimony and quite a large
number Of witnesses were examined
State Chemist Burney was here to tes-
tify as to the amount Of alcohol In
the various preparations In question
and did so testify. A representative
Of the compounders of Hostetters Bit
ters was also present as witness for the
defense. 1t was testified in manner
that left no room for question that the
various preparations contained alco-
hol in sufficient quantity to intoxicate
and that they were frequently used as
beverages. There was no evidence to
deny these facts. The defense admit
ted the sale of the preparations as al
legged; but claimed that they were
sold for medicinal purposes. DR.. Bowen
testified that he made 1t an invariable
rule to ask the customer whether the
goods were to be used as a beverage
or as a medicine and unless the GUS
toner declared las a medicine" he re-
fused to sell. He said that he was
selling the goods simply because of the
demand for the tonics mentioned, the
demand having been created by the
compounders. Judge Prince decided,
that If it were a fact that the medicines
referred to contained sufficient alcohol
to intOxicate and 1t were TACT tnat
such medicines were commonly USED
for beverage purposes, the intent un-
der which they were sold was matter
Of no consequence sale Of such med
icines was q violation Of the law. The
Jury remained out on the case from
Wednesday morning until about 10
o'clock Wednesday night, and being
unable to agree, mistrial was ordered.
Robert Galloway was convicted OF
larceny.
julius Watson plead guilty to as
sault and battery and was sentenced
to pay a fine of SIS or serve on the
chaingang for period Of one year. -.
The next case taken up was that or
Tobe Burris. colored, charged with ar
son in the burning Of the depot at
Guthriesvile. Burris is one Of the ne
groes who received pay for injuries
sustained in the Fishing Creek wreck.
He had spent practically all OF his
money before the fire, and the charge
against him seemed to be based prin-
cipally on statements Of his wife, with
whom he had quarreled. ]. S. Brice,
ESD. appeared for the defense. The
Jury returned a verdict Of not guilty.
The next case was that of the State
VS.. Henry Withers. charged with muir
der, ]. c.. Wilborn, Esq. for the de-
fense. This was a rather peculiar
case, growing; presumably out of a
dangerous sport that was in common
practice among the negroes at the
nlanr Of the Charlotte Brick works.
They had a way Of throwing gasoline
at each other and sticking match to
the highly inflammable liquid to see
the victim jump. On July IL last,
Henry Withers approached Ely
Wright and from a coffee pot, held be-
hind his back suddenly threw guam
tity of gasoline and applied match.