The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-11-08

that the case of the Stale VS.. Thomas
j. Davenport, charged with assault
and battery with intent to kill, would
be continued until the next term.
William Sanders was arraigned on
the charge Of numbering Carrie Math-
is, and pleaded guilty. Judge Gary
said that he did not know Of any law
which said that man charged with
murder should not plead guilty., and
he instructed the solicitor to write
out the plea. Later, however, he ask
ed Sanders if he knew the effect Of
the plea. Sanders replied that he had
no one to speak for him, and he only
wanted to ask The mercy Of the court.
Judge Gary asked him if ne wanted to
be tried. Sanders replied they could
try him if they wanted to. lie said
he didn 4 know they We're goin" TO try
him today. Judge Gary concluded
that il was best to give him trial,
and stated that he would appoint
counsel to defend him.
John Boycc. colorcd, was convicted
of larceny from the person., and sen
fenced to serve one year. 1t was al
legged that while riding in a buggy
with Henry Gallman, also colored, he
took $72 out of Gallman's pocket.
He was ably defended by Mr.. f. S.
Beasc.
Sam Hart pleaded guilty Of the
charge Of stealing a bicycle and was
given one year in the county Jail.
On Tuesday afternoon Mr.. John N.
Livingston was tried and acquitted Oh
the charge of murder in killing a nee"
testimony Of the state made out a
| case of self defense. and verdict
J w:s directed by the court. 1t APP
p,arcd that Kemp and some other
negroes were drinkin" and shooting
and raising a general disturbance on
| Mr.. Livingston S place. and when Mr..
Livingston went out to ask them to
90 home, Kemp snapped his pistol at
Mr. Livingston, whercupon Mr.. Liv-
in@Ston shot him. The defendant
was represented by Messrs. Blease
and Dominick.
Willie Johnson was tried Tuesday
afternoon, charged, with murder in
the killing of Fred Boyd, near Pros
perity, in August of this year. Tt
appeared from the testimony that a
rrnwd of negroes had been in Pros
pcrity on Saturday and were return
ing home that night when an old DIFF
ficulty was renewed. johnson plead
ed self defense. lie was represented
hv McsSrs. Blcasc and Dominick. The
jury returned verdict Of guilty Of
manslaughicr.
On Wednesday afternoon Tom
Ponds was tried on the charge Of as
Sault and battery with intent to kill,
the alleged assault having been made
upon one John Moses. The plea was
self defence. The defendant was
represented by Blcasc and Dominick.
At 10 o'clock Wednesday night, the
jury having failed to agree, Judge
Gary ordered a mistrial in the Tom
Ponds case.
On Thursday morning Gilmore Mays,
Lawson Johnson and Lewis Burto:,
were placed on trial charged with
arson. The state was assisted by Col
w. II. Hunt. Mr.. Cole. l.. Rleaso
represented Mayes, and DR.. George B
Cromcr and Mr.. f.. S. Blcasc the two
other defendants. \ mass of tcsti-
mony was taken, the evidence Of the
state consisted Of statements of the
defendants since the burning and cir,
cumSantial evidence. The crime al
legged was the burning Of Mr.. p. n
BOXERS barn last December, the pro
pcrty burned being Of the value Of
some $4,000 or $1,000. The defense
offered it's testimony on Thursday af
tcrnoon.