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

that the case of the State VS.. Thomas
]. 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 a man charged with
murder should not plead guilty, and
he instructed the solicitor to write
out the plea. Later, however, ne 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 hi"'- ne wanted to
be tried. Sanders >rhed they could
try him if they wanted to. He said
he didn t know they were going to try
him today. Judge Gary concluded
that it was best to give him a trial,
and stated that he would appoint
counsel to defend him.
John Boyce. colored, 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.. E. 5.
Blease.
Sam Hart pleaded guilty of the
charge of stealing bicycle and was
given one year in the county jail.
On Tuesday afternoon Mr.. John n.
Livingston was tried and acquitted on
the charge of murder in killing a neg
70, Rich Kemp, a short time ago. The
testimony Of the state made out
case Of self defense. and a verdict
was directed by the court. 1t ap-
peared that Kemp and some other
negroes were drinking 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, whereupon Mr.. Llv-
ingston 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. 1t
appeared from the testimony that
crowd of negroes had been in Pros
peritv on Saturday and were return
ing home that night when an old dlf-
ficultv was renewed. Johnson plead
/ ed self defense. He was represented
hv MesSrs. Blease and Domlnlck. The
iurv returned a verdict Of guilty OF
manslaughter.
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 Blease 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 Elmore Mays,
Lawson Johnson and Lewis Burton
we're placed on trial charged with
arson. The state was assisted by Col.
W. H. Hunt. Mr.. Cole. L. 'Blease
represented Mayes, and DR.. George b.
Cromer and Mr.. E. S. Blease the two
other defendants. A mass Of testl-
mony was taken, the evidence OF the
state consisted of statements of the
defendants since the burning and cir
cumstantial evidence. The crime al
leged was the burning Of Mr.. P. N.
Roozer's barn last December, the pro-
pertv burned being Of the value OF
some $4,000 or $1,000. The. defense
offered its testimony on Thursday af-
! ternoon.