The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-27

"nereupOn Judge pulled out his pistol
and he attempted to hold Judge. He
said that Jim, Judges brother, got in
to the scuffle, and while the three
were scufiling over Judges pistol
Judge was shot in the leg. Several
witnesses for the State and several for
the defence were sworn. Th Jury ac-
cepted the version Of the defence, and
returned verdict Of not guilty The de-
fendant was represented by Messrs.
Blease & Dominick.
Pleaded Guilty.
jim Keitt, colored, charged with as
sault and battery with intent to kill
and carrying concealed weapons, the
assault being alleged to have been
committed upon the person of Chris
Crump. colored, pleaded guilty on
Monday afternoon to assault and bat
terry of high and aggravated nature
and carrying concealed weapons, and
was sentenced to serve eight months.
is Months F0r'TOm Ponds.
In the case Of Tom Ponds, colored
charged with assault and battery with
intent to kill and carrying concealed
weapons, the assault being alleged to
have been committed upon the person
OF John Moses. colorcd. in August of
last year. Moses being shot in the
leg. the defendant was convicted. the
verdict being returned on Tuesday
morning, and was sentenced to serve
eighteen months.
This case was tried at a former term
of court. resulting in a mistrial. The
defendant was represented by Mcssrs.
! l}lcasc & Dominick
Life Imprisonment.
John Mitchell, colorcd. charged with
murder in The killing Of IiuD l.iving-
slon. colorrd. on Mr. T. G. Smith
place. near the l.aurcns line, in De-
ccmber Of last year. was convicted on
Tuesday Of murder with recommends
ton to mercy and was sentenced to
Imprisonment for life in the State
penitentiary. The case grew out Of
a gambling party 4 number of ne
groes being engaged in a game Of
"skin." The testimony Of the States
witnesses was to the effect that Hub
Livingston laid down a card and told
they said meant to bet all he wanted
to on it, when Mitchell. with an oath.
said he would let it run hot, and pull
ed out his pistol and commenced
shooting at Livingston, who was lying
on the ground. The States witnesses
said that Livingston shot once after
Mitchell commenced shooting. The de-
fence was self defence. the Defend
ants witnesses contending that Liv-
ingSton fired the frs: shot. Their
testimony was that Mitchell was sit
tug down in chair and that Living
ston was standing over him with a
pistol. when Mitchell told him to put
down his pistol, that it was no good:
that Livingston told him if he would
get back he would show him it was
good enough to kill him; that Mitchell
stepped back and started to draw his
pistol. when Livingston told him he
was only joking; and that Mitchell
startd back to the crowd. when Liv-
ingston shot at him, hitting him in
the shoulder. The defendant said that
Livingston fired only one shot, and
that he fired at Livingston five times,
once after Livingston had started to
run. The deceased lived on Mr. p. c..
Smiths place and the defendant on
Mr.. Robert I.fvingston's place The
defendant was represented by Messrs.
Blease & Dominick.
Sentence Of Three Years.
Bob Johnson, colored. who was
convicted last week of manslaughter.
the jury recommending him to the
mercy Of the court, was on Tuesday
afternoon sentenced to serve three
years on the public works of the
county or in the State penitentiary.
Verdict OF Not Guilty Directed.
In the case of the State V. II. Scurry
Coleman, Of Saluda county, charged
with obtaining goods by false preten-
ces. Judge Memminger Oh Wednesday
morning directed verdict Of aot
guilty. The goods were alleged to
have been obtained from Mr.. Edw. r.
Hipp. OF Newberry. Judge Memmin-
ger, In directing the verdict of not
guilty, said that the case appeared to