Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-06-28
SOUTH CAROLINA NEWS.

- Bill Dutton, a Sumter county
man, has been sentenced to serve
three months for offering q customer
a drink of liquor.
- Columbia, June %: Another row
is pending in the office Of the adju-
tant general. 1t is known that Col.
Brock has given a letter to Gen. Boyd
in which 1t is charged that c. II. Cab
mess, the retired United States army
officer who gave testimony before the
court of inquiry made report on the
condition of company In the zee
Dee Section of the state when he did
not inspect the company but remain
ed in his room all day. The letter In
question Is addressed to Gov. Ansel
and asks that Gov. Ansel take up the
matter with the war department and
have Col Cabiness discharged. 1t Is
known and so stated by Gen. Boyd
that Col. Brock desires him to sign
the letter, and it Is believed that II
Gen. Boyd does not sign the letter,
Col. Brock will bring charges against
Gen. Boyd. The situation grows in
teresting. Col. Cabiness is out of the
city.
- Union special Of June 25 to the
Columbia State: ". T. Jones has been
refused a new trial Special Judge w.
B. Gruber, presiding in the circuit
court for Union county, this afternoon
handed down his decision in the case,
wherein the defendant, convicted Of
the murder of his wife, Marion Jones,
is denied the right to again present
his defense to jury Of his peers. The
application for a new trial, after the
case had been heard by the supreme
court and determined adversely to the
defendant, is based upon alleged mis-
conduct of certain of the trial jurors
and further upon allegations that ma
terial evidence unknown to the DEFEND
ant has been discovered since the
trial of the cause. Judge Gruber, in
his decision, which covers IL type
written pages, reviews at some length
the testimony introduced by the state
at the trial Of the case, coming to the
points at issue in the motion before
him, the judge, after reviewing the
proceedings before Judge Memmin-
ger for a new trial in this case, holds
that the question as to the alleged
of some of the trial ju-
rors was passed upon by Judge Mem
minger and that this matter is there
fore, res adjudicata and that he has
no power if he had the inclination to
consider this ground of that motion
for a new trial The second ground
upon which the motion is based, that
of after-diScOvered evidence, is fully
considered in the decree. Judge Cru
Der points out that the after-discov-
cred evidence must be material, and
that it could not have been discover
ed by the exercise of due diligence be-
fore the trial. He then discussed the
evidence contained in the affidavits
submitted by the defendant in sup
port of the motion for a new trial and
holds that it does not, in his opinion,
meet the requirements; that he is not
convinced the defendant could not
have discovered the evidence in time
to use it at the trial. He points out,
also, that some of the witnesses,
whose testimony is alleged to be new
ly discovered, were bound over to at
tend the trial and others lived on w.
7. Jones' place. The judge concludes
by over-ruling the motion on both
grounds The defendants attorneys
at once gave verbal notice of an ap-
peal to the supreme court