Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1921-11-29
SOUTH CAROLINA NEWS

- Captain F. w. WAGNER, head Of
the well-known wholesale grocery
house of Charleston, died at his resi-
dence OH Broad street, in that city, last
Friday morning after an illness OF ten
days. Capt. Wagner was born in
Germany in 1882. He came to Amer
lea when Is years of age, and his first
work in this country was on a Ger
man newspaper being published in
Charleston by his brother. He served
through the war as captain Of Co. A,
German artillery, and after the war
engaged in the grocery business. He
had prominent part in redeeming the
state from scalawag rule in 1876 and
was ever jealous in the upbuiiding of
Charleston and of the state. His
wholesale grocery business was the
largest in South Carolina. His wife
died about ten years ago. He leaves
no children. 's..E+
james Stewart and George Nc
Knnon shot each other to death last
Frida., night in a pistol duel at the
home of Tom Hair, fifteen miles north
of Bennettsville, near the North Caro-
lima line, in a difficulty over Sweatts
19-year- old daughter, who had left her
home in the company of McKinnon.
McKinnon is alleged to have gone off
with the girl Sunday of last week,
since which time they had been NOV
ing about together. So far as has
been ascertained there had been no
marriage. Friday night McKinnon and
the girl and a number of other people,
were assembled at the home Of Hair,
when Sweat suddenly walked into the
house ard demanded to see McKinnon.
The two men began shooting simulta-
neously. Sweat was killed immedi-
ately. McKinnon lived several hours
after the duel.
The Columbia canal case has been
decided by the state supreme court in
an opinion handed down Saturday, the
opinion affirming the lower court,
which ordered the canal property to
means that the Columbia Railway,
Gas and Electric company will lose
unless the United States supreme
court reverses the South Carolina
courts. Attorneys for the Columbia
company state that they will appeal
the case to the United States supreme
court, II the state supreme court Will
grant the writ of certiorari. The case
against the Columbia Railway, Gas
and Electric company was brought by
the attorney generals office, under an
act of 1917, declaring the property to
be forfeited to the state and directing
| that suit be brought to establish the
right of the state to the property The
case was tried in June, 1890, in the
circuit court in Columbia. Judge
Townsend presided at the trial. The
verdict of the circuit court was that
the property revert to the state. The
opinion of the supreme court is pre-
pared by Associate Justice I. b. Fra
ser. 1t declares that the canal was
built for navigation purposes, and that
the state allowed plenty OF time for It's
| completion.
The case Of the state against Roy
Henderson, the boy who was tried for
killing the two little soIs of Wofford
Kirby, was completed last Wednesday
night at Gaffney, the jury returning a
verdict of guilty with recommenda-
ton to mercy. Butler & Hall, who
represented the defendant, made a
very strong fight for their client,
bringing DR.. Boone, a specialist from
Columbia, who has had the boy under
observation. DR.. Boone testified that
the killing might have taken place by
the boy, and while he knew 1T was
wrong, he could not realize the conse-
Guences Of the crime, as his intelli-
gence was only equal to that Of a boy
seven or eight years Of age. The
boys father testified that he is 15
years of age, but that he had always
been peculiar and very backward in
most respects. Numerous witnesses
testified to the fact that there had
been insanity h the Kirby family, aH
there were witnesses who testified that
there had been insanity in Mrs. kir-
bys family.