Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-04-20
THE CIRCUIT COURT.

THE CIRCUIT COURT.
When the last issue of THE EN-
oUIRBR went to press, the court had
Just concluded the case OF Mort Will
liams. with a verdict Of guilty of man
slaughter and sentenced the defendant
to five years In the penitentiary.
The next case was that of VIII
Crosby, charged with assault with In
tent to ravish. The jury returned a
verdict of guilty and the defendant
was sentenced to the penitentiary for
thirty years.
William Barnett and Samuel Wood
charged with housebreaking and lar
ceny, were acquitted.
Haywood Fuller plead guilty Of
housebreaking and larceny and was
sentenced to two years on the chain
gang or in the penitentiary.
Policeman ]. M. Gamble, who killed
Sectionmaster F. N. Edwards In Fort
Mill on the 18th of January last, was
acquitted. The solicitor went far
enough into the case to show that the
killing was clearly justifable from the
standpoint Of self-defense, and de-
clined to press for conviction.
Emanuel Williams was convicted OF
resisting an officer, and was sentenced
to pay a fine of $3.50, or go to the
chaingang or penitentiary for eigh-
| teen months,
Joe Pratt, alias Joe Gwin, tried on
the charge of violating the dispensary
law, was acquitted.
Laura Partlow, a negro woman or
Yorkville, was convicted Of selling IL
quor in violation of the dispensary law,
and was sentenced to pay fine of $500
or go to the penitentiary for six
months.
The most interesting and important
case of the sessions was that OF the
State against Manlius F. Owens, white,
charged with the murder Of Amzi San
ders, in Rock Hill on the 21st day OF
| last September. The defendant was
represented by Messrs. Wilson & VIII
son, Spencers & Dunlap and Hon. ID.
E. Finley, the latter participating only
| to the extent OF making speech. The
lease was taken up Wednesday after
noon and concluded at about O'Clock
Thursday. From the case as presented
by the prosecution, 1t appears that the
killing grew out Of feeling arising from
dissatisfaction on the part of Sanders
in connection with the purchase OF hve
cents worth of sugar. Mr.. Owens was
conducting a store. A little negro
girl, presumably a daughter OF San
ders, purchased the sugar, and her
mother being dissatisfied with 1t for
some reason sent 1t back. Mr.. owens
refused to receive 1t. The girl came
back again with the same result. Next
morning Sanders came himself. Mr..
Owens still refused to take the sugar
back There were some warm words.
Sanders left the sugar on the counter
and started out of the store. He made
orHc nfTangiYe r..
Owens, who drew a revolver and COM
menced firing. Several shots were
| fired, the negro retreating and owens
| following. The negro finally fell, shot
in the side. The prosecution endeaV-
| ored to show that the deceased was at
no time without his unquestioned
rights; that the defendant commenced
shooting without reasonable provoca-
ton; that the deceased was unarmed;
that the bullet that killed him took ef-
feet while he was trying to retreat
around a corner. The defense was
| to the effect that the defendant had
gotten a message from the deceased
| to the effect that "Pll make him take
that sugar back, or kill me-" One wit
ness testified that he had heard San
ders say this and he told owens.
Owens testified to the same thing. Al
ter the receipt of this message, de-
fendant knowing the deceased to be a
dangerous man prepared himself with
q revolver. Deceased came In with an
| impudent manner, which defendant
resented. Defendants eyesight was
bad, and he was at the time undergo
II ing treatment for his eyes. After de-
ceased had used very offensive Ian
guage, and was going towards the
door, defendant thought he saw him
| trying to draw a pistol from his hip
pocket, whereupon believing his life to
| be in danger defendant commenced
firing. Followed deceased to the door,
but denied following him as far as the
| witnesses for the state represented.
There was a good deal OF conflict In
the testimony on this point. The fact
Of the bullet having taken effect In the
side of the deceased was held to evil
dence that the deceased was not re-
treating as was claimed by the state.
Messrs. w. B. Wilson Sr., and d.
E. Finley spoke for the defense. Both
laid much stress on the character OF
the deceased, the condition Of the de-
PENDANTS eyes, the impudence of the
deceased and his alleged threats, ex-
pressed and implied, and held the de-
fendant justifiable under all the prin-
cip!es of self-defense. Solicitor Henry
for the state, made powerful effort
to convict the defendant of murder
He fought the case vigorously through
all of its developments. and did the
best he could to discredit the witness
who claimed to have told the defend
ant Of the alleged threat Of the de-
ceased and also the testimony of the
defendant along that line. In his
speech to the jury, he recalled the IA
nous Morrison case in about this sub
stance. Morrison killed a negro here
in York county and came before York
couTty jury. He represented that the
negro was a desperate character and
that the killing was absolutely neces-
sary in order to save his own life. The
jury, evidently assuming that that ne
gro did not amount to much, especially
as in the scale against a white man,
gave him an acquittal. Afterward
Morrison killed another negro. and
then one of the best white men in
Lancaster county, and brought about
the lynching, all because the jury in
the first instance had failed to do it's
plain duty. He urged that the defend
ant in this case was guilty of murder.
He ridiculed the testimony Of several
Of the witnesses and intimated that
their stories were manufactured for
the occasion. He laid particular
stress on the hip pocket story and
dangerous character plea, holding
that these two pleas alone had been
worked and worked and worked" In
South Carolina until 1t Is time they
had a rest. He said these two old gags
had done more work in the courts than
all the mules in the state, had done in
the crops. In conclusion he claimed
that he had done his full duty in the
matter and that the responsibility from
thence forward would rest with the
jury.
After receiving the charge Of the
court. the jury retired, remaining out
but short time and returned with a
verdict OF mot guilty"
Upon a showing that he was not