Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-02-22

probably In Carney. MaBlstrdte N
L. A. Smith sent the warrant to Sher-
If Thomas Of Cherokee, and on Mon
day the sheriff notified Mr.. Smith that
Bryan had been arrested. Constable
Scoggins at once went over to Gaff-
ney and on Tuesday afternoon brought
the negro back to Hickory Grove.
Because OF the convenience to the
witnesses 1t was desired to hold pre-
liminary at Hickory Grove, and Mag
istrate Smith requested Sheriff Brown
to bring the two witnesses who had
already been committed to that place
The sheriff was disposed to be accom-
modating about the matter; but later
In the day there came a number OF
disquieting reports to the effect that
there was more or less talk Of lynch
ing. Magistrate Smith thought there
was no danger. Sheriff Brown was
rather inclined to think that everything
would be all right: but in view OF the
reports and the advice Of legal friends
In Yorkville. he decided at last that II
would be better to hold the preliminary
in Yorkville and Magistrate Smith
agreed.
The magistrate came down to York
Vile Wednesday night, accompanied by
Constable Scoggins in charge of the
prisoner, and a number Of Hickory
Grove people who wanted to see the
thing properly attended to. Good and
the Smarr woman were brought ur
from the Jail and the preliminary was
entered into at once, John r. Hart
Esq, representing the prosecution.
Mary Ellen Smarr. sworn, said she
testified of her own free will without
fear or compulsion. She said that Jim
Bryan came to her house on the morn
ing of the fire little after the train
passed going to Blacksburg. He first
asked for coffee and then wanted to
know whether she had heard Of the
burning Of Luther Whitesides's barn
He said he did not know whether
Gus Ga horse) got burned or not;
but he knew that Walter McGilrs mule
had been burned. He said that the
burning of these animals was no pity
He said he watched the fire from hill
near by and saw the roof Of the barn
fall in. He told me to play shut mouth
and he would send me some money
Then !, he told me that he and VIII
Smarr burnt the barn. THAT Is the
hn fUh
when they do you wrong" ne said
did not tell this at once because
was scared. My Will told me some
time ago that he was going off and
that he was going to get even with
Mr. Whitesides II it took him fifty
years. That was because Of a whip
ping that Mr.. Whitesides gave him
VIII came home the night the barn
was burnt, and IShave not seen him
since he and Jim went off. Jim Bryan
was keeping my daughter, Lizzie. tell
all this Of my own free will. / have
not been threatened and 1 have not
been offered anything for telling It.
Jack Good testified to conversa-
ton he had with Jim Bryan the day
after the fire. Good noted that Bryan
was fixing to leave the country and
asked him whether or not he had
burned the barn. Bryan replied that
he had not burned the barn, but that
he was leaving because he was under
suspicion. He said that the tracks to
and from the barn had been made by
number shoes and he was suspicion
ed because his number was 8. GOOD
said Bryan asked him, Good. to show
him, Bryan, out Of the county. Later
Bryan said that he and another party
went to the barn after chickens, and
that they had done the burning.
MIR. Luther Whitesides, the owner OF
the burned barn, said that he had not
been in the building since the evening
before. He said that two or three
years ago he whipped Will Smarr, a
negro boy for misbehavior There were
chickens in the barn and also six head
of stock. He knew Of no way by which
the barn could have caught fire ex-
cept by being set. On examining the
premises next morning he saw two
sets of tracks coming toward the barn
One set was No. and the other about
No. 6. The No. tracks came pretty
close; but not all the way. The NO.
6 tracks came ali the way to the barn
Jim Bryan's story was to the effect
that he knew nothing Of the burning
until next day after it occurred. He
said he did not go to Mary Ellen
Smarr's until late in the afternoon
Then he went home and remained un-
til or 9 o'clock. Jack Good came
over and the two went back to Mary
Ellen Smarr's. Mary Ellen Smarr had
been arrested. He was at the time
working for Mr.. Feemster; but had de-
cided to go to the railroad and got
Jack Good to show him the way
through the country to Smyrna. He
afterward went to Gaffney where his
mother-in-law lived and remained
there. When Sheriff Thomas arrested
him he did not know what 1t was for.
He only learned through some of the
other prisoners in the Cherokee jail.
All three of the negroes, Bryan, Good
and Mary Ellen Smarr, were taken to
Jail and the understanding Is that Mr..
Whitesides and his friends will do all
they can to gather such evidence as
may be necessary to have no reasona-
BILE doubt as to the guilt Of the parties
charged.
LOCAL AHNNICS