Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-07-16

in going to the picnic with pistols IN
their pockets. He also combated
the self-defense theory by showing the
direction of the bullets. The defense
undertook to. show that a mule that
was wounded was shot by one Of the
Robinsons. The jury took the papers
Tuesday evening, shortly after 6
o'clock, and within very short time,
less than five minutes, came out with
verdict of not guilty on all counts.
Upon receiving the verdict, Judge
iMemminger discharged the jurors for
the occasion, and told them to be in
their places again next morning at
$50 o'clock.
When court convened Wednesday
morning, Judge Memminger instructed
the clerk to call over the list Of the
Jurors in the case disposed Of the pre-
vious evening, and they answered to
their names as follows:
w. H. williams, foreman: Lee ARM
strong, J. H. Crenshaw, r. ]. Mack
orell, D. L. Gallman, ]. M. Love, B. C.
Ferguson, r. A. Minter, J. T. Ramsey,
]. F. Lindsay, w. NJ Jackson, M. e.
Plexico.
On the first call Of the panel, one of
the jurors failed to answer and the
clerk instructed that he be called. Still
he did not answer and the court or
dered that he be sent for. Even those
thoroughly accustomed to the opera
tion Of the court machinery, failed to
notice anything out Of the ordinary,
except some Of them were little GU
rious to understand why the jury that
had last acquitted itself Of verdict
was being re-empaneled. But In q
few moments, before the tardy juror
had reached his place. the explanation
began to develop. With unruffled Sc
renity, his honor turned to the panel
and in the quiet, but firm tone that is
characteristic Of him, said in effect:
have had you called gentleman, in
order that I might say to you some
things have in mind concerning the
disposition Of the case you were on
yesterday. 1t does not become me to
criticise your motives, and I shall not
do 80. This case has been pending fol
| three terms and the expense to the
county has amounted to several hum
dred dollars. What you may have
thought as to its merits do not know
If you see proper to accept plea OF
self defense In the case Of a man who
has shot another In the back. 1t is not
for me to say that you cannot do it
There was room for differences OF
opinion, as to the main issue, and
would not question the honesty Of your
conclusion. have no discretion in
the matter, and If you see proper to
acquit a man Of carrying concealed
weapons, even where he has not de-
MED the charge, have no power to
set your verdict aside. Your verdict
in this case has been the talk of the
town. People are laughing about II
on the streets. Now, II you want to
make your county ridiculous, and
yourselves ridiculous, cannot help 1t;
but assure you that shall not allow
you to make me ridiculous. Before the
sun sets tonight, your ridiculous action
will be known all over South Carolina,
and II should be. AS for myself, pre-
fer not to go on trying cases with men
who either cannot or will not under
stand the law laid down as plainly as
1t can be laid down from this bench
and from this moment dispense with
your services. You may go to the
clerk and get your pay certificates, af-
ter which you may consider yourselves
discharged.
Turning to the clerk, the Judge or
dered the drawing Of an extra venire
Of fourteen men or as many as might
be necessary to complete the regular
venire to full thirty-six jurors.
All Of the jurors seemed dumfounded
at the courts remarks. Some Of them
were unable to understand it. They
sat blank, not knowing which way to
turn. After a few moments, however
they came to a realization Of the sit
uation and left the jury box and filed
out Of the court room.
The court then went into the case
of Y. D. Potts, the chief Of police OF
Fort Mill, who killed the negro Jack
Jackson on the 18th Of last May. At
ter the empaneling Of the jury, enough
testimony was taken to show that the
case was purely one Of self defense,
just about as the facts were originally
reported at the time, and the jury
promptly reported a verdict Of not
guilty.
In the case of Silas Dunlap and Joe
Benton, charged with housebreaking
and larceny, Silas Dunlap plead guilty
and was sentenced to seven years In
the state reformatory. The indictment
against Joe Benton was mol pressed.
Peter Crawford, Frank Moore, Curt
Belk, Sam Ballard and Lewis Perry,
all colored, were tried and convicted
for their recent attempt to break jail.
The depleted jury venire was filled
from the five mile box, the drawing re-
sulting as follows:
H. C. Glenn, J. G. Dickson, c. j.
Hughes, e. A. Dickson, ]. w. McFar-
land, w. T. Jackson, w. H. Fowler,
w. S. Peters, r. B. Davidson, r. T.
Allison, Jas. F. Jackson, w. E. Land,
r. E. Steele, T. N. Wood, ]. H. Carroll,
E. B. Chambers, w. L. Brandon.
Messrs. c. ]. Hughes, w. E. Land
and w. L. Brandon were excused.
The case Of ]. E. Turney, charged
with assault and battery with intent
to kill, was taken up Wednesday af-
ternoon and concluded yesterday
morning with a verdict of not guilty.
OF the six negroes charged with an
attempt to break jail, the case against
one, Silas Dunlap, was mol pressed,
and the others were convicted. They
were each sentenced to two years on
the chaingans.
A considerable part Of yesterday was
taken up with the trial Of the case OF
John Davis, charged with an assault
with intent to ravish. The jury found
verdict Of not guilty.