Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-10-03
ETHICS OF THE HORSE TRADE
Take Your Medicine and Do Not
Squeal.


The Anderson Intelligencer Of Tues
day prints a human interest story
from the records Of the governors Of
fice as follows; , '.s ar
STONE, FRANK. (wHITE), Con-
yicted at the fall, 1919. term Of court
for Laurens county Of obtaining goods
under false pretenses and sentenced to
pay a fine Of $500 or Imprisonment
upon the public works of said county
for period OF thirty days,
1t" seems that this party and the
prosecutor traded horses, and that this
Is what brought about the Indictment
From the evidence presented in the
case, It shows that the horse was sup
posed to have been blind in one eye
and partially blind in the other. This
was a defect which could have been
very easily detected by both parties.
There is no excuse for q man saying
that a blind horse has been put off on
him, unless he was either blind or
drunk at the time, and there Is no evil
dence to show that the prosecutor was
either, Therefore, he should have been
too much of man to complain, for
the only purpose people have for trad
ing horses is to improve. If A trades
with B, A expects to get the best OF
the bargain, or A would not trade
When B trades with A, he believes he
got the best Of the bargain or he would
not have traded. Therefore, when eth
er one of them gets stung, there should
be no complaint, The case was appeal
ed to the supreme court, and the fol-
lowing is the dissenting opinion Of AS
sociate Justice Watts!
Il dissent from the opinion Of the
chief justice, herein, and think the
motion to quash the indictment should
have been granted, as It did not state
any criminal offense. The allegations
that the defendant represented that
the bay horse was sound could not be
any more than the opinion Of the
party making the statement he was, II
he made a false statement knowingly
that he was, might be sufficient to rem
der him liable for damages in a civil
action. Parties trading horses are al
lowed latitude In expressing the opln-
ion Of their horses, and trade generally
with intent each to get the better OF
the other, and under the evidence OF
the case the trial judge should have d.
rected a verdict of acquittal, as the
evidence Of prosecutor, himself, show
ed that the defect in the horse, COM
planned of, was patent, not latent, and
by the exercise Of the slightest care,
by examining and using his eyes. he
could have ascertained that the horses
eyes We're defective, and under the
evidence and the case Of State vs.. Del
gon, / Bay, 1853, quoted by the chief
justice the motion Of defendant to d.
rect a verdict should have been grant
ed. That the state has succeeded In
convicting the defendant on testimony,
which in my opinion it Is doubtful II
the prosecutor would win in a civil suit
for damages against defendant where
he could recover If he make out his
case, by a preponderance Of the EVIL
dence only. For these reasons / dis
sent"
heartily concur in Judge Watts
opinion, and wish to add that up to
the time I was twenty-five years old,
I was continuously trading horses, and
I always traded with my eyes and ears
open, and whenever a man got the best
of me, II one ever did. took my medi-
cine and did not make a howl about
getting stung.
In addition to the opinion Of Judge
Watts, petition was presented in which
It Is stated that the signers thereto
know the defendant, Frank Stone, and
I'VE do not believe he was guilty. We,
therefore, humbly petition your excel
lency to grant unto the said Frank
Stone a full and free pardon" This
petition is signed by the sheriff, pro-
bate Judge, county auditor. deputy
clerk of court, H. S. Blackwell, Esq.
member Of the house Of representa-
tives, former Clerk of Court John M
Cannon, James T. Crews, Magistrate
Crews, and many other best and most
substantial citizens of Laurens coun-
ty.
Upon this showing the defendant Is
granted a full and free pardon. Par
don dated September 25th, 1913.