Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-07-17
GENERAL SESSIONS.


went to press on Tuesday afternoon,
the court was engaged in the trial of
Lawrence Marley charged with the
murder of John Warlick on the fourth
Of April last.
The facts developed in this trial
were substantially as published in The
Enquirer at the time, except that tes-
timony of the defendant was to the
effect that he did not leave the scene
of the original difficulty for the purpose
Of getting a pistol; but that he had his
pistol on his person all the while. He
also testified that he did not fire on the
| Warlicks until they attacked him, and
claimed that John and jeff Warlick
were both on top of him when he COM
menced shooting. The defendants tes-
| timony in this regard was corroborated
| by one outside witness. 1t was shown
that all three of the Warlicks were
drinking whisky during the afternoon.
The main facts as to the killing were
that Marley and the Warlicks had an
angry dispute in which vile epithets
were exchanged. Marley left with the
declaration that he would return with
his brother and be on more equal
terms. He was gone from ten to twen-
ty minutes, the time being matter of
guess work on the part Of the wit
nesses. Immediately upon his return,
he renewed the difficulty with Jeff
| Warlick, who had not been party
to the original trouble, and the shoot
| ing commenced within a few moments.
| The defendants testimony was'to the
effect that when he left, one Of the
| Warlicks had invited him to return and
gave him to understand that If he did
not return they would get him later.
Polk and Jeff Warlick denied this.
| The defendant admitted that he ex-
pected a renewal Of the trouble on his
return. The testimony in the case was
concluded Tuesday afternoon. The jury
was cautioned as usual not to discuss
| the case; but was allowed its freedom
until Wednesday morning, when Judge
Gage delivered his charge. After
speeches by counsel, the jury took the
papers, remained out about two hours
and returned with verdicts of guilty
Of manslaughter' as to the first count
| in the indictment and guilty" as to
the second count which was carrying
concealed weapons. The jury was di-
vided in it's opinion as to whether 1t
should find for murder without recon-
mendation, murder with recommended
ton, or manslaughter, and 1t Is said
| that one vote stood six to six between
murder with a recommendation to
mercy and manslaughter. The jury
men did not believe the testimony that
the defendant had his pistol in his
| - Hha 90 "a
difficulty, nor that John and Polk War
lick were on top Of the defendant when
the defendant commenced shooting. At
the request Of the defendants counsel,
Judge Gage deferred sentence pending
an opportunity to secure the signing
Of petitions asking for leniency. One
such petition was signed by. all the
jurymen and another was circulated
among the people Of the town. The
petition circulated in the town was
signed by a number Of people, but
some people to whom it was presented
refused to sign it. In sentencing the
defendant Judge Gage referred to the
petitions and expressed some doubt as
| to how much Difference he should give
them. He indicated, however, that
they had had their weight with him,
and said that If there was a mistake
the signers Of the petition would have
to share the responsibility. The SEN
tence of the court was that the de-
| fendant be confined at hard labor on
the public works Of the county or in
the state penitentiary for a period of
| seven years.
| Maggie Sanders was tried on the
charge Of assault and battery with in
tent to kill and convicted Of assault
and battery of a high and aggravated
nature. The sentence Of the court was
one year in the state penitentiary.
| Lee Gardner and Elijah Ripley plead
| guilty Of violation Of the dispensary
| law and each was sentenced to pay a
| fine Of 5000 or go to the chaingang or
state penitentiary for nine months.
Presley Gibbs plead guilty of vio-
lation Of the dispensary law and was
sentenced to pay a fine Of 5000 or go
to the chaingang or penitentiary nine
months.
George Crawford, charged with rape,
was acquitted. There was nothing in
the testimony to sustain the charge.
Hamp Mobley, was tried on two in
dictments for violation of the dispen-
sary law. In one case he was acquitted
and in the other he was convicted. The
sentence was one year or 5000.
Richard Brown was tried on the
charge Of murder and convicted Of
manslaughter. Brown is the man who
twenty years ago killed David Nash,
another negro, on the Hutchinson
place near Rock Hill, made his escape
and kept out Of the hands Of the law
until a few weeks ago when he was
arrested in Charlotte. Porter Hollis,
Esq, appeared in his defense. Several
Of the original witnesses were on hand,
and the testimony was very much the
same as was developed by the coro-
ners jury at the time and recently re-
published in The Enquirer. Brown told
a story in which he put all the blame
on the dead man. and barred his back
| 70 show a scar that he claimed was
made by a stone with which he claim
cd that Nash had knocked him down
Just before he fired the fatal shot. The
defendant also told a story Of service In
the war: but got little tangled In his
recollection Of Joseph Wheeler, whom
he described as a great big man
while Solicitor Henry remembered the
famous cavalryman as rather small or
stature. The jury was not particularly
impressed with Browns story and de-
cided that he should be punished FOR
manslaughter Brown was sentenced
to three years