Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-04-25
CIRCUIT COURT.

The court of general sessions con-
cluded all the business 1t had for the
juries last Friday night, and part Of
Saturday was devoted to common
pleas business. The last business of
the general sessions was the sertenc-
ing of the two negroes who had been
convicted of murder with a recon-
mendation to the mercy Of the court.
This was done yesterday morning af-
ter which the general sessions was
adjourned sine die.
The motion for a new trial in the
case of c. J. Miller, the Rock Hill
policeman, convicted of assault and
battery of a high and aggravated
nature, was argued last Friday
afternaan and was based on two
grounds. /. That his honor erred
in failing to charge that notwithstand-
ing that the defendant had been in
dicted for assault and battery with in
tent to kill and assault and battery of
high and aggravated nature the jury
could have, If 1t had seen proper, found
verdict Of guilty Of assault and as
sault and battery. 2. That one Of the
jurymen had during the progress of
the trial and before the rendering OF
the verdict, ridden to his home In
Rock Hill with the prosecuting wit
nesses in their automobile. His honor
ruled that If there was any objec-
tion to the charge, 1t should have been
called to the attention of the court at
the time, or at least Immediately af-
ter the jury had retired, and he held
that the other objection was Of little
consequence, especially since 1t ap-
peared that the trip to Rock Hill was
merely a matter of convenience and
that there was In the automobile 9TH
ers than the juryman and the prose-
cutting witness. Both grounds stated
in the motion were overruled.
On calling the defendant up for
sentence, the court talked to him at
length, not harshly but by way Of in
struction. His honor told the defend
He was not inclined to think that the
defendant had acted maliciously in the
matter of the arrest; but he had used
more force than was necessary, and
the punishment was being inflicted for
the excess force used. He told the
defendant that he believed defendant
had assaulted the prosecuting witness
because the prosecuting witness had
cursed him, and advised the defend
ant that he had no right to do any
thing. That as an official he must be
prepared to take personal abuse with
out violent resentment. His honor went
OH 10 say tlldl lie WOulu Dt Bldu W
exercise mercy; but he was unable to
lose sight Of the fact that mercy to the
the guilty Is cruelty to the innocent.
At the conclusion of his remarks he
imposed a sentence of 500 or six
months. The fine was promptly paid
with a check.
In the case Of George Webb and Sam
Fewell. charged with the murder Of
Will Barnett, at Tirzah in February
last, the jury returned a verdict Of
guilty with recommendation to
mercy, and the court sentenced the
prisoners to life Imprisonment in the
penitentiary.
The second weeks business was in
|augurated yesterday morning with the
organization Of the juries, and practi-
cally the whole of the day was taken
up with the trial Of the suit Of J. B.
Johnson against JEFF Reinhardt. The
case grew out Of the failure of the de-
fendant to comply with his part Of
contract for the future delivery Of
cotton. The jury found for the plain
tiff in the sum of 1915.
The court has been engaged this
morning on the trial of the case Of
David Lee vs.. W. L. Hill, growing out
Of claim and delivery proceedings.
AS to whether there will be enough
jury business to keep the court engag-
ed all the week, Is not yet altogether
certain: but In any event 1t Is thought
that the jurors will be discharged on
or before Friday afternoon.