Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, March 30, 1887, Image 2
Scraps and ?|arts.
? The Legislature of Illinois, on becoming
aware that all their passes over the State
railroads would be cancelled on All Fools'
. Day, have rushed a bill through the Legislature
reducing legal fares from three cents
a mile to two cents.
? Early Friday morning a hurricane did a
large amount of damage in the vicinity of
Wheeling, West Virginia, although the
city Itself escaped, owing to its sheltered
position. A large number of farm buildings,
a church and several residences, were
.either blown down or badly damaged.
?The otate of Texas is building a $5,000,000
State-House of native granite and marble,
and its Legislature has just voted
$100,000 to furnish the structure. Texas
claims to be the Empire State of the South,
and proposes to house its government in a
manner worthy of its present and prospect
ive greatness.
? Senator Collum says that Mrs. Collom's
enthusiasm for the Inter-State commerce
bill was simply intense until she learned,
by the merest accident, that when it became
a law she would not be able to ride on
passes any more. After that she turned a
regular somersault and became one of the
leaders of the opposition.
? A verdict was given in Atlanta, Ga.,
last week, against the Air Line Railroad
for $2,000. The action grew out of the failure
of the defendant to forward within a
reasonable time 1,200 cords of wood delivered
to it for shipment. The case, it is said,
involved many interesting points of law to
shippers of freight.
? The State Democratic Committee of
Virginia, met at Richmond and decided to
call a State convention at a time and place
to be determined by the Executive Committee.
The work of the convention will be to
map out a party policy for the legislative
campaign this year, and to indorse the action
of the Legislature on the debt question.
? News was received in Raleigh, N. C.,
on Saturday, of a tidal wave in Albermarle
Sound and Edenton Bay, which caused the
tide to rise several feet. At Avoca immense
shad seines were washed on shore so
covered with sand that itrequired the entire
day to dig them out. Boats were drifted,
and the tidal wave cause considerable damage,
and the streets near the water were
partially submerged.
? The Secretary of State of Massachusetts
has issued a report showing to what extent
women have taken advantage of -the law
< passed in 1880 permitting them to vote 'at
school.board elections. In 1881,1,517 ladies
voted, and in 1886,1,911. The largest possible
female vote in the State is 840,000, and
hence it would appear that after six years,
less than six women out of every thousand
take the trouble to record their votes.
Nt*At Cadereyta, Mexico, the other day,
/iminez, a corporal of the Second Cavalry,
'got drunk on the marihuana, or Indian
hemp, and taking his carbine and forty
cartridges, ambushed himself near the barracks
and began potting off the soldiers and
officers of his command. After a rather successful
afternoon's sport, in which he bagged
three men killed and five wounded, the
! troops, finding it impossible to capture him,
moHAfaArl Ia lrill Kim
uinuoguu i>v Ain uiui*
? The Supreme Court of Appeals of Virginia
rendered a decison in the case of
Holmes R. Puryear, convicted of the murder
of his wife, by poison, in Dinwiddie
county, in June, 1885. The prisoner, when
brought to trial, asked for a change of venue
on account of the prejudice against him in
Dinwiddie. This was granted and he was
tried in Prince George county, and was
convicted of murder in the first degree and
sentenced to be hanged October 29th of the
same year. The decision of the Supreme
Court sustains the judgment of the lower
court and Puryear will be hanged on a day
to be hereafter fixed.
? More women have been appointed postmasters
under the two years of Cleveland's
administration than under Arthur's entire
administration. This is what a prominent
' Postoffice Department official said recently
after footing up the figures. He went on to
explain that in many cases, particularly in
the West and Southwest, when a contest became
particularly severe between the men,
a woman would be chosen as a compromise.
"The widows make the best officials,"
said he. "The young women are passable,
but the spinsters are forever fussing about
something. There is one maiden in Illinois
who never, I should say, lets a day
pass over her head without writing a complaining
letter to General Stevenson."
?In Wall street, the general expressions
concerning the personnel of the Inter-State
Commerce Commission are favorable. The
President's action is highly commended. It
is believed, from the standing of the. commissioners,
that they will so interpret and
administer the law that many of the evil features
which were so much talked about when
the bill first passed, will prove harmless,
and that neither business nor the railroads
will suffer. Mr. Schoonmaker is spoken of
highly, and it is thought that his selection
as representing his State is eminently a
good one. Some disappointment is betrayed
by railroad men that a practical railroad
manager could not have been secured
for the commission, but on the whole the
J" DmaoJVioa nKnoon
lOVUlttl UIC X I COiucu V ua^ vmvovia
wisely. V
^^Dne of Ore most causeless and wanton
^cts of Injustice ever committed by the
government authority, was the hanging of
Mrs. Surratt, accused of being a party to
the death of President Lincoln, murdered
by a madman. The chief witness against
the unfortunate woman was a man named
Spfcbdauer, whose testimony was then believed
by many to be false, made up for the
occasion, and but for the popular rage
against the perpetrators of the murder,
would npt in all probability have been accepted
by the Court. The poor woman suffered
death through his statements, and
since then he has turned up as a manufacturer
of perjured evidence to order. Only
a few days ago in Baltimore this miscreant
was sent to jail to answer charges of subornation
of perjury in a divorce case. It is
to be hoped that full and complete justice
will at length overtake him.
? The fight over railroad legislation in
Missouri has been very hot this winter.
The Legislature dodged acting upon the
railroad bills by adjourning, buf this will
not avail them, for Governor Marmaduke
has notified them that he will call a special
session to dispose of those very measures,
in response to the general public demand.
The extra session is expected in May, and
the whole question will have to be fought
out then. The public demand a railroad
commission with power to prevent discrimination
in rates, and also the passage of a
statute to make effective the prohibition of
the issue of free passes contained in the
State constitution, but which has never
been enforceable because of the lack of such
provision. The Gould roads have fought
these measures with a trained lobby and a
full treasury, and so far as the Legislature
was concerned, successfully.
? The New Orleans papers continue to
give encouraging reports of the crop outlook
in that section. The Times-Democrat
of the 21st says that, so far, the present
month has been the best agriculturally ever
known. The crops, it is estimated, are now
better than for ten years past, are from six
to eight weeks ahead of any previous season,
and with an increased acreage, and a 1
premise of much larger yield. This is especially
true of cane, cotton and corn,
and nothing but the very worst weath- i
er, a continuously bad season, can prevent j
this being the best agricultural year that
Louisiana has ever known; and what is
true of Louisiana is largely true of Mississippi,
Arkansas and the other neighboring
States. Money is easy, supplies cheap,
and, consequently, the planters will raise j
the growing crops more cheaply and
profitably than they have ever done before,
not even excepting 1882. Again, the
levees are in good condition, better than
ever before, and planting and cultivating
can begin at a much earlier season than ;
hitherto.
I ?As showing the extent of the deluge in
the Nortwest last week, a Bismarck, Dako-,
I ta, dispatch of Thursday says: All attempts :
to break the Sibley Island gorge with dy-!
namite are unavailing. A man was seen i
test evening riding down the river on a !
Bake of ice frantically calling for help, but
It was impossible to help. Twelve families
near Livonia had a most thrilling experilence.
After they had been on the roofs of
their houses for twenty-four hours, a crust of
ice formed over the river and on this they . i
walked to the shore, two miles, some break- >
ing through several times but being res- (
cued. The water in Washburne is ten feet ?
above the high water mark of 1881, while f
here it is not quite up to that record. This (
shows that there is a gorge between here t
and Washburne, and when that ten feet of i
water comes it will make the flood surpass (
any previous record. A party of twelve i
persons, while attempting to cross from <
Mandan, Wednesday evening, were driven {
by the wind and ice into a willow thicket ]
and passed the night there, momentarily i
expecting death. They were rescued Thurs- <
day forenoon. I
if* forfeviUe <
YORKVILLE, S. C. :* *
WEDNESDAY, MAlfCH BO, 1887.
THE INTER-STATE COMMISSION.
The President having appointed the commissioners
provided by the Inter-State
Commerce bill, it is understood they will
meet in Washington this week, and after
organizing they will immediately begin the
official consideration of the interpretation
wfricl# shall be given the most important
provisions of the law. It is thought that
Judge Cooley will be elected President of
the Commission.
The executive committee of the Southern
Railway and Steamship Association
was in session foj three days in New York
last week. They prepared the tariff of
freight rates in accordance with the provisions
of the Inter-State Commerce act.
After thorough investigation of the situation,
it was determined not to put into operation
that part of the schedule which prevented
lower rates for a long haul than
for a short one without regard to the circumstances,
until the matter can be brought
before the Inter-State commission. It was
thought that such arrangement would greatly
derange the business of the SouthernStates,
and that it could not be applied
to that section as easily as to the section
covered by the trunk line pool.
They failed to decide upon any satisfactory
scheme of classification of rates, and
finally turned the whole matter over to the
arbitration committee of the association.
They also referred to the same committee
the memorialpresented by the New York
Chamber of Commerce protesting against
discriminating in favor of freight by the
car load.
The arbitration committee announce as
the result of their labors that after April
1st cotton piece goods will be taken by every
line in the association, in consignments
of less than a car load, at third-class rates, i
and consignments by the car load will be
taken at fourth-class rates. This decision
removes what has been considered a discrimination
heretofore existing in charging
third-class rates for south-bound consignments
in any quantity, as against sixthclass
rates on north-bound consignments in
any quantities. #
THE THROES OF^i BIG CORPORATION'.
We last week printed an item of news to
the effect that Senator Butler was then in
Richmond, Va., for the purpose of appearing
before the Committee on Railroads of
the House of Delegates, in the interest of
a bill before the Legislature of that State,
"permitting and authorizlngthe Charleston,
rinninnoi; and Phinonrn "Rnilrnnd fnmnanv
Viuviuuaii uiiu vmvu^v vmv. n, v ? r ^ ,
to construct and operate its road in Vir i
ginia." On Tuesday, Senator Butler and 1
Col. T. E. Matson, chief engineer of the
road, appeared before the committee in behalfof
the bill. Senator Rhea, of Washington
county, a member of the Legislature,
also appeared before the congmittee and
proposed an amendment to the bill binding
the company to build its road through Bristol,
and warmly advocated its adoption.
He was favorably disposed to the road,
should the route via Bristol be adopted;
otherwise, he opposed it. There was considerable
informal talk, when finally Gen.
Imboden proposed a substitute, which Senator
Butler said would be acceptable to the
Company, and which was adopted, leaving
the selection of the route to the engineers
in charge. In this shape the bill was reported
; but subsequently Senator Rhea introduced
in the Senate the following:
Whereas, it has been brought to the attention
of this body that the Charleston, Cincinnati and
Chicago Railroad Company are represented here
by a number of lobbyists ; and, whereas, from
information received it is believed that the said
Charleston, Cincinnati and Chicago Railroad
Company, through some of its lobbyists, have
been ancl are improperly endeavoring to influence
the action of the Legislature upon the bill
granting certain rights to said company; therebe
it
Resolved, That a committee of three be appointed
to inquire into the conduct of the representatives
of said, railroad company, and that
said committee shall have power to send for
persons or papers.
Senator Rhea, in advocating the passage
of the preamble and resolution, said that
he was in receipt of information given him
by a person, whose name he could not di- 6
vulge, showing improper motives on the
part of the persons wno are lobbying for 1
the Charleston, Cincinnati and Chicago
Railroad bill. N
Senator Meredith repelled any reflection i j
made upon the character of United States i
C< i. ? Iiitin annaarorl hofnro thp I 1
OCUtllWi iJULici, miu U|ip>.uivu
committee in behalf of the bill; also any J
intimation of any action on the part of <
that gentleman at variance with honor and ?
integrity. f
Senator Rhea said he did not propose to ?
charge that any member of the Senate has 1
been or would be influenced by these lob- kbyists.
Then he added again: "I say that l'
from authority I cannot divulge, improper T
means have been used for the passage of c
this bill." r
Of course, Senator Rhea's remarks were 1
not intended as any sort of reflection upon ?
Senator Butler. (
The resolution offered by Rhea, with
some slight amendment, was adopted by i
the Senate. I
The true cause of Senator Rhea's oppo- y
sition to the bill is explained to us in the j
fact that he is the attorney for and one of J
the incorporators of the South Atlantic j
and Ohio, chartered four years ago, but i
never yet built. The road is intended to t
pass Bristol, and he desires to force the
Charleston, Cincinnati and Chicago to con- c
nect with them at that place. The Charles- c
ton, Cincinnati and Chicago Company do j
not wish to run their road through Wash- j
ington county to Bristol, but prefer to pass r
through Scott county, via Moccasin Gap, ?
about twenty-five miles west of Bristol, j t
Senator Rhea's resolution was introduced i ?
for the purpose of staving off action on j '
the bill during the present extra session ! 'Q
of the Legislature, thereby deferring it j (.
until thv regular session, which will not con- | 1
vene for nearly eighteen months. i rJ
A further reason for the opposition to the 1
charter asked is given in the following ^
Richmond dispatch to the News and Courier t
of last Monday: g
The chief objections to the granting of a j b
charter to the Charleston, Cincinnati and I
Chicago Railroad Company by the Virginia C
Legislature, seem to come from the friends b
of the Norfolk and Western Railroad. This
company's road penetrates the very section v
of the State through which the Charleston, ii
Cincinnati and Chicago desire to enter, u
At present the former road has no opposi- b
tion in the coal and mineral traffic of that I
ich country. These have done much tovards
building up Norfolk, and have add;d
materially to the prosperity of that city.
Should the proposed line enter this field
ind carry the coal and other products to
Charleston, it would, of course, be detrimenal
to the Norfolk and Western. General
Manager Johnson, of the Charleston, Cinlinnati
and Chicago, is credited with sayng
that it was the intention of his road to
;arry out this very scheme, and this has
jreatly added to the opposition to his company's
securing a charter from the Virgina
Legislature. Among the most influential
)f those antagonizing this legislation are
*" 1 " * 5 T\yvi??.y,*rt TPii 1 ImrDAn I
senator itnea auu jL/uiegaic x- um&icuu,
Doth of Washington county. It was at the
nstance of Mr. Rhea, that the Senate
ippointed a committee to investigate suggestions
that lobbyists in the employment
)f the Charleston, Cincinnati and Chicago
Company were endeavoring to use
indue influence in securing the passage of
:heir bill. This committee meton Saturday
ror the first time. At the instance of Senator
Blackstone they were directed to investigate
both sides?those who are favoring and
;hose who are opposing the Charleston, Cinlinnati
and Chicago bill. It is not expected
:hat this investigation will result in anyhing.
The Camden correspondent of the Colum>ia
Register of last Saturday has the followng
to say in reference to the Kershaw subicri
ption:
This week's Journal makes a mistake
ibout the business attended to by the Coun:y
Commissioners of Kershaw and Major
Hart, counsel for the C., C. & C. R-R.,last
Thursday. The Journal calls the company
'A Little too Previous," which is the headng
of the article, which goes on to say:
'An officer of theC., C. & C. R. R., was in.
;own last week endeavoring to get the
Board of County Commissioners to turn
>ver to the company the county bonds voted
iy the county in aid of the C., C. & C. R. R."
[ have it on the authority of County Chairnan
C. W. Birchmore, that there was no
equest made to turn over the bonds to the
ailroad company. The first business at;ended
to at this meeting between Major
Hart and the County Commissioners, was
:he official signing by the Commissioners of
;he late subscription to the railroad, as their
predecessors in office had officially signed
;he subscription that was voted before.
Then they consulted about and decided
ipon the form of the bonds. After this,
Major Hart requested that the bonds would
resigned by the County Commissioners,and
:urned over to the Boston Safe Deposit and
Trust ConiDanv, but not to be delivered to
;he railroad company till the terms of the
subscription had been complied with and
;he chief engineer of the road and a majori;y
of the County Commissioners had certiied
to the fact that the terms of the subscription
had been carried out. This the
Commissioners refused, for the present to
igree to, till their attorney, Mr. Hay, could
. orrespond with the Governor and Secreta y
of State of Massachusetts, and business
nen of New York, as to the reliability of
his safe and deposit company. If this
:orrespondence proves satisfactory to the
Commissioners tney will probably agree to
he request. This request was not made for
ihe purpose of placing the bonds as collateril
security for loan, but to avoid delay. Of
:ourse the bonds will never be repudiated
>y the county, nor will repudiation ever be
illowed by any of the Courts; still some
me might bring an injunction suit, which
vould only delay matters. It certainly
ieems that if the railroad company should
lemand the bonds by law they could get i
hem, for what is law now certainly says
,hese bonds are to be used in constructing
he road in Kershaw County; and how are
hey to be used for this purpose if they are
rasigned, unprinted, or in the hands of a j
rustee, with the order not to deliver till J
he road is constructed? The bonds, accordng
to the terras in which they were subcribed,
are to be delivered in small
imounts, as portions of the road are ready
or the ties and rails.
The completed portion of the rokd, from
Slack's, in this county, to Rutherford ton, N.
C., moves the Shelby Aurora of last week
o say:
The Charleston, Cincinnati & Chicago
Railroad has finished its first forty-five
niles of railroad from Black's to Rutherordton,
and simultaneously began work at
ts lower terminus at Camden. Thus one
lundred and eight miles are now under
:ontract for grading with a promise of its
lompletion in one year This road began
wo years ago inauspiciously with one man
vorking to hold the contract. It was atbad
jeginning for a railroad with such a big
Tf Kno rrn i n o el uiicHnm lnf'rpnspfj
JUUlCi JLb HCiO ^(Viuvu If iwuvwi) ?mvw?*?wv.
ts capital, won the confidence of the eoun;ry,
has abundant means at command and
vill push the enterprise from Camden, S.
to Kentucky, to an early completion.
Senator M. C. Butler, of South Carolina, is
low in Richmond asking the Virginia Legslature,
now in extra session, for a charter
'or the C., C. & C. to pass through that State.
This shows they mean a great through line
lenetratinga region rich in mineral resources
awaitingdevelopment. The coal and iron
ieds are said to be inexaustible and of the
iest quality. Cranberry has a mountain of
nagnetic ore, rivaling the Swedish iron,
ind will become a second Birmingham.
The coal deposits are pronounced by experts
to be of vast wealth, awaing the magic
;ouch of railroads. The opening of this
oad will develop our resources and give a
lew impetus to manufactures, so dependent
ipon cheap coal.
It will give us a new outlet to the North
md West and will open up to civilization a
lew and undeveloped region, and we trust
he enterprise will richly reward the capialists.
Its inception was viewed with disrust
by many prudent men, but since abunlant
capital has come to its aid, its early
:ompletion through North and South Caroina
is almost a certainty.
THE RAILROAD COMMISSIONERS.
The following is a sketch of the public
areers of the men composing the Interstate
Commerce Commission, recently apjointed
by the President:
THOMAS M. COOLEY
vas born at Attica, N. Y., in 1824, studied
aw in that State and removed to Michigan
n 1848, where he has since resided. In
857, he was elected compiler of the State
aws, and in 1858 reporter for the Supreme
.Aourt. In 1859 he was chosen by the regents
as commissioner to organize the law
lepartmentof the University of Michigan,
ind he has ever since been connected with
t. In 18G4 he was elected Justice of the
Jupreme Court, and was re-elected in 18G9
nil 1877. He was nominated by the Re>ublicans
for re-electioji in 1885, and was
lefeated. Judge Cooler is the author of
lumerous standard legal works. lie was
ecently appointed by United States Judge
Iresham receiver of the Wabash Railroad
Company.
A LI) ACE F. WALKER
s a Vermont lawver. about 44 years old, a
Republican in politics, who studied law
vith Senator Edmunds, served as Colonel
n the Union army and has since then praciced
law at ltutland. In the Vermont
lenate he has taken a leading part in framing
legislation to solve the railway probem,
and has given much study to the quesion.
AUGUST SCIIOONMAKER
if Kingston, N. Y., was born in Ulster
ounty, March 2, 1828, and is a lawyer in
ctive practice. He has always been a
)emocrat in politics. He has been County j
fudge of his county, and candidate of his,
tarty for Supreme Court Judge. He was
state Senator during Governor Tilden's
erm as Governor, and was one of the leadrs
in the Legislature on whom Tilden reied
to carry his reform measures. He was
Iwaysaclose personal and political friend
if Tilden's. Schoonmaker was Attorney
ieneral of New York State in 1878 and
879. In 1879 he was presented by the Auti'ammany
delegation from New York, in
he Democratic State Convention, as their
andidate for Governor, and he was a dele;ate
to the Democratic National Convenion
in 187G and 1880, and also to the Chicao
Convention in 1884. He is now a mem?er
of the Civil Service Commission of
sew York State, having been appointed by
Jovernor Cleveland and retained in office
y Gov. Hill.
WALTER L. HRAGG
/as born in Alabama in 18.88, but resided
Arkansas from 1848 to 1861. He was edcated
at Harvard University and Cainridge
Law School, and practiced law in
Arkansas for some years. At the close of
the war he settled in Alabama, and for
some years was the law partner of Senator
Morgan. He has been a leading Democrat
in that State for some years, and has served
as National Delegate, Presidential Elector
and a member of the National Committee.
In 1881 he was made President of the Alabama
State Railroad Commission and served
in that position four years, during which
time many important questions arising between
railroads and their customers were
satisfactorily adjusted.
WM. R. MORRISON.
Mr. Morrison's fame has most of it come
from his insistent championship of free
trade, and the circumstances of his defeat
for re-election to Congress last fall on that
issue are well remembered still. Of his
private life comparatively little has been
written. He is thoroughly domestic in his
tastes, and his wife, who was Miss Ella Horine,
is a "homebody," instinctively avoiding
society as much as her position will admit.
Before her marriage she was counted
one of the brightest and most popular girls
in Monroe county, Ills., of which she as
well as Mr. Morrison was a resident. Her
fafhpr u'as ft lpnrlincr mernhant, nf Waterloo.
that ccunty, and was a Lincoln candidate
for the State Legislature in 1860, while Mr.
Morrison was the Douglas candidate. Mr.
Morrison won, and Miss Horine became
Mrs. Morrison before she was 18. After
her marriage she abandoned the political
faith of her father, and at once espoused
the cause of her husband. When he was a
member of the Legislature at Springfield
she was with him assisting in his correspondence
and making his social life attractive.
When he fell in the desperate assault on
Fort Donelson at the head of the Fortyninth
Illinois and wfcs reported killed, this
heroic wife hastened to the front of battle.
She found awaiting her the sad but hopeful
consolation of her brave husband's life
spared, though suffering from a dangerous
wound in the hip.- During his suffering
and subsequent illness with typhoid fever
she nursed him, and through her tender
care and solicitude really brought him back
to life and saved him. It was in this battle
that Gen. Logan also fell wounded. The
domestic life of Col. Morrison, through the
companionship and thoughtful love of his
wife, is extremely happy. They have no
children living.
SOUTH CAROLINA NEWS.
? An.artesian well has been successfully
sunk at McCormick.
? It is thought the fruit has been very
generally killed in the Piedmont section
by the recent cold spell.
? There are two veterans of the Mexican
war in Pickens county, Messrs. J. B. Southerland
and James A McKee.
? B. F. Huger, postmaster at Charleston,
died last Saturday morning. He was appointed
by President Cleveland.
? Darlington county sent fifteen criminals
to the penitentiary last week, one white
man, one woman and two boys among the
number.
S^It is stated that a number of intelligent
ladies in Greenville have formed a society
which meets weekly to discuss woman
suffrage.
t>? tit m ^r
? xvev. w. x. luaiuit:\va, pasiui ui vjticcuwood
Presbyterian church in Abbeville
county, has decided to remain with that
congregation.
? The handsome residence of Col. S. M.
Rice, of Unionville, was destroyed by fire
at noon on Thursday. Insurance $3,000?a
sum far below the actual loss.
? Three new Methodist churches are now
in course of construction in Newberry county
at the following places: Jocassee, Whitmire's
and Laurel Springs.
? In the Spartanburg Court of Sessions,
last week, Tom Abernathy, a white youth,
tried for the murder of his father, was acquitted,
on the plea of self defence. Both
were drunk when the crime was committed.
? The Governor has commuted the sentence
of Marcus Horlbeck to life imprisonin
the penitentiary. Horlbeck was convicted
of murder at the February, 1887,
term of court for Charleston county and
sentenced by Judge, JJudson to be hanged.
? There will be a called session of Enoree
Presbytery at Spartanburg, on the 4th of
April, to consider an application from the
Spartanburg Presbyterian church, for a call
.for Rev. W.'B. Jennings to become the
pastor.
? Lewis Stuart, the negro now under sentence
of death in Laurens jail, for the murder
of his wife, has made a confession, saying
that he was driven to the crime by her
unfaithfulneas. The prisoner is now penitent
and prepared. He is to be hanged next
Friday.
? The Court of Edgefield adjourned last
Friday. Judge Norton refused to hear the
argument of counsel for the release of Jones
on bail, postponing it to this week, when it
will be heard in Columbia. Jones was discharged
on the two indictments for the
killing of the two young Pressleys, having
been convicted of manslaughter as to the old
man. The case will go to the Supreme
Court on appeal for a new trial.
? Mr. B. F. Turner, the yard-master of
the C. C. & A. Railroad, at Columbia,
charged with stealing a car-load of cotton,
was given a preliminary hearing on Thursday.
The trial justice bound him, together
with Joe Taylor, a colored man, in whose
possession the cotton was found, over for
trial at the next term of the Court for Richland
county. They both gave bond in the
sum of $1,000 each for their appearance for
trial.
MERE-MENTION.
V imt. ? A ?1 ? - TT/vunn Kit a iiaIa rtf JQ +r\
yKJ.JlU ./VrKUllStlS 11UUOC) uj a. vuic ui iu iu
39, has passed a bill to prevent the mortgaging
of unplanted crops."' j^The telephone
has been successfully used along barbed
wire fences in California. New York
city has 30,000 landlords, who collect $40,000,000
rent. The Chinese alphabet
contains 30,000 characters. The business
failures in the United States last week
number 218. In view of the recent de|
ci9ion of the Supreme Court, tax collectors
in Mississippi have been notified to stop
collecting a tax on commercial travelers
and whisky drummers. The annual revenue
from these sources was $40,000 The
drought stricken section of Texas is yet suffering
severely for rain and the distress is
undiminished. On the 272nd ballot,
Wm. H. Martin was unanimously nominated
for Congress in the Second Texas district
to succeed Senator-elect Ileagan. In the
Rhode Island House of Representatives,
last Friday, a resolution proposing an ainendment
to the Constitution, abolishing
the registry tax and property qualifications,
was unanimously passed. Snow was
five feet deep at Kaston, Pa., last week, and
at Hartford, Conn., from 1G to 24 inches.
**At Galveston, Texas, last Thursday,
8,118 bales of cotton were sold, representing
over $400,000, the largest single transaction
in spot cotton in the history of Texas.
On returning to Cincinnati from
his southern tour, Senator Sherman referred
in a public speech to the marvelous development
of the resources of the South, and
said the territory reached by the Cincinnati
and Southern Railroad and its connections,
would in five years double and perhaps
treble the value of that road.
+ ? ?
The Pistol in Newberry.?From a dispatch
to the Charleston Sunday News we
learn that a terrible tragedy occurred at Newberry
last Saturday in the office of Trial
Justice Henry H. Blease. During the progress
of an argument some words passed between
George Johnstone and John 11. Jones,
attorneys, representing opposite sides 01 tne
case, whereupon both drew pistols and emptied
the chambers of both at each other in
quick succession. Nine shots were fired in
less time than a minute. Johnstone was
shot in three places, through the right ear,
in the left arm and in the thigh, but not
seriously hurt. Jones wasshotonce through
the body, and is seriously, if not fatally,
wounded. George B. Cromer, who was also
engaged in the case, in attempting to stop
the shooting, barely escaped being shot,
three balls passing through his clothing.
The office was crowded with people, and it
is a wonder some one else did not get hurt.
The whole affair is deeply regretted, as both
parties are men of good standing in the
community and highly connected. The
case before the trial justice was an attachment
suit between two North Carolinians,
and after the shooting the case was mutually
settled between the parties, and all proceedings
stopped.
LOCAL AFFAIRS ;
James R. Kennedy, Probate Judge?Citation? <
Thomas F. Jackson, Applicant?Dr. H. G. i
Jackson, deceased. i
W. E. Stoney, Comptroller-General?Insurance .
Licenses to J. R. Lindsay.
T. S. Jefferys?The Cyclone Extinguisher.
M. Strauss?During tlie Season.
Lindsay A Moore?Fancy Groceries?177(5?See i
and Try?Mrs. filler's Snuff? Garden ]
Seed?Soap.
H. F. Adickes?Come to the Grand Central.
Lowry <fc Starr?Tobacco, Tobacco.
Hunter & Oates?Mr. Hunter, the Buyer for the
Mammoth.
Withers Adickes?Some Few Things.
EDUCATIONAL ADDRESS.
According to appointment State Superintendent
of Education Rice made an address in the
Court House last Thursday on topics connected
with the educational interests of the State.
THE CIRCUIT COURT.
The Circuit court lor iorK county, j uuge
Pressley to preside, will convene next Monday
morning at 10 A. M. The indications are that
it will be an interesting term, there being a
large amount.of business on the Sessions docket.
' the telephone.
The Enterprise Telephone Company, which 1
is now a body corporate, is preparing to extend
its business. A wire will be run from the office
in Yorkville to the depot, and telephonic
communication opened between those buildings
within eight or ten days.
the cold wave.
On Monday afternoon the Signal Station at
this place received the following dispatch from
Washington, dated 12.20 P. M.: ""Hoist the cold
wave signal. The temperature will fall suddenly
20 degrees by 7 A. M. Tuesday morning."
The prediction was verified to the letter. The
temperature fell, the thermometer yesterday
morning registering 20? above zero and 6? below
freezing point. The ground was slightly frozen,
ice formed and there was heavy frost. The fruit
prospect is bad.
^personal mention.
Miss Ella Avery, of Ebenezer, is visiting Mrs.
J. O. Walker.
Miss Grace McElwee accompanied her father
to Charleston last Monday.
Mrs. C. J. Robertson, of this plac is visiting
Mrs. N. B. Bratton, at Brattonsville.
Mr. J. T. Lipscomb, a traveling salesman for
F. W. Wagner <fc Co., of Charleston, has been
at the Parish Hotel since Friday, confined to his
bed with a severe affection of the throat.
judge wunerspoon lias ueen assigneu uv
Chief Justice Simpson to preside at the Circuit
Court of Marion, vice Judge Wallace, who is ill,
and he left last Friday for that purpose.
CHURCH NOTICES.
Episcopal?Rev. E. N. Joyner, Rector?Sunday-school
at 3.30 P. M.
Presbyterian?Rev. T. R. English, Pastor.
Mr. English will be at Gastonia, assisting Rev.
Mr. Mcllwain, next Sunday. No prayer meeting
this week. Sunday-school as usual.
Baptist.?Rev. F. C. Hickson, Pastor?Communion
services at Union next Sunday morning
at 11 o'clock. Preaching in Yorkville at
7.30 P. M. Sunday-school at 3 o'clock P. M.
Methodist Episcopal.?Rev. W. W. Daniel,
Pastor. Prayer-meeting next Sunday morning
at 10.15 o'clock. Preaching at 11 A. M. and
7.30 P. M. Sunday-school at 3 P. M. Prayermeeting
this evening at 7.30 o'clock.
Associate Reformed Presbyterian?Rev. J. C.
Galloway, Pastor. Preaching to-morrow evening
at7.30 o'clock by Rev. R. G. Miller; Friday
evenihg at the same hour by Rev. John T.
Chalmers ; and on Sunday morning by Rev.
C. B. Betts.
^IMPROVEMENTS.
Mr. James H. Riddle is building a handsome
residence on the Dennis lot, which he recently
purchased, on the corner of Main and King's
Mountain streets.
Mr. S. A. McElweeis preparing to build a residence
on King's Mountain street.
Several notable improvements have been made
recently on the property of the Methodist parsonage.
Mr. L. George Grist is building a neat residence
on his lot next south of the Baptist church,
on Main street.
Cleveland street is a new thoroughfare recently
opened through the lands of Maj. James F.
Hart and intersecting with Jefferson and California
streets. There are now three handsome
residences on this street?Maj. Hart's, Mr. Jas.
A. Watson's and Mr. John E. Lowry's.
"^DEATH OF TWO BROTHERS.
Too death of two half brothers on the same
day, both past the middle age of life, is a coincidence
seldom noted. At 3 o'clock on Friday
morning last, Col. Andrew Jackson died at
his residence, seven miles north of town, and
at half past 4 on the same afternoon, his half
brother. Dr. H. G. Jackson, died in Yorkville,
134 hours elapsing between the two events.
Both were natives of York county, having
been born five miles north of Yorkville.
Col. Andrew Jackson was born on the loth of
March, 1832, and at the time of his death was
aged 55 years and 10 days. His death resulted
from a carbuncle between the shoulders.
Col. Jackson was a farmer by occupation, having
devoted himself to that pursuit all his life,
excepting the period of his service in the Confederate
army. Ho volunteered as a soldier
soon after the commencement of hostilities and
was elected Captain of a company which composed
a part of the Fifth Regiment, S. C. Y.
By promotion ho attained to the rank of Lieu
tenant-Colonel or tlio regiment, ana wnen in
command of his regiment at Gaines' Mill, June
27th, 1802, he received a wound in the left arm
necessitating amputation above the elbow. He
then resigned his commission and returned
home. On the 11th of October, 1864, he was elected
tax-collector of York district, the duties of
which oflice he continued to discharge until
the State was placed under military government,
when he resigned in March, 1808, and
was succeeded by Mr. W. J. Stephenson, an
appointee of the Military Governor, Gen. Canby.
Col. Jackson had no ambition for public office,
but rather shrank from seeking political proferment
at the hands of his fellow citizens; yet,
much against his desire, the Democratic county
convention of 1878 nominated him for the office
of Judge of Probate. He reluctantly accepted
the nomination and made the canyass, which
was the last political struggle between the Democrats
and Republicans in York county. It
is now sufficiently remote from that political incident
to recur to the fact that some of the nominations
of the convention of 1878 gave great
dissatisfaction to many true Democrats of the
county, and it is only making proper acknowledgment
of Gol. Jackson's fealty to his party
and a recognition of his personal popularity,
when we say that he accepted the nomination
and wont through the canvass only to unite the '
party on the ticket placed in nomination. It
was seen, and he modestly recognized the fact,
that if he withdrew from the race, the way would
be opened for independent candidates and the 1
possible disintegration of the party. His ticket 1
| was successful, but he resigned the office to
which he was elected a few months after the
election. Col. Jackson was twice married. By <
his first wife he had three sons and three daughters,
all of whom reached the age of maturity.
His second marriage occurred on the 28th of ;
last September, and his wife survives him.
Col. Jackson was in every sense of the term a
frnnrl oiH'/pn. Ho was a conscientious man whose
character for honesty and integrity could never
be questioned, and one who swerved not in the
performance of what ho conceived to be his duty. <
His remains were interred in the cemetery at 1
Clover on Friday evening. ]
nn. ir. a. jackson.
Dr. Hugh Gordon Jackson was the senior of
his brother Andrew, having been born December
17th, 1820, and on the day of his death being ;
aged f)(> years.'! months and 8 days. Nearly up
to the time of attaining his majority ho was employed
on his father's farm; but when about ^
twenty-one years of ago he engaged in teaching (
school. After teaching for a while ho served an .
apprehticeship to the trade of blacksmith under 1
Mr. James Fitchott, who lives near Clover, a i
town sineo built up on the Chester and Lonoir '
Railroad. Tiring of the occupation of black- '
smith, and having secured some capital, in
March, 1848, ho came to Yorkville and engaged s
in the business of merchandising in copartner- ]
ship with his cousin, Samuol W. Jackson. Ho .
continued in this connection until October, 1849, j
when the copartnership was dissolved, and the t
following month, in company with a friend, 1
James P. Jefferys, the oldest son of the late
James Jefferys, he went to McLemoresvillo, ]
Tenn., with the view of trying his fortunes in i "
the West. While at McLemoresvillo, his friend ' i
Jefferys died, on the 9th of March, 1850. During
;he illness of Mr. Jefferys, Mr. Jackson remained
with him, giving him every attention. But
ifter the death of his friend, he determined to
return to Yorkville after an absence of only
ibout three months.
Shortly after his return he took employment
In the drug store of Drs. Thomasson & Lindsay,
und at the same time commenced the study of
medicine under their.tutelage. He made such
rapid progress in the acquirement of medical
lore as to prepare himself for the first course of
lectures in the winter of 1850-51, when he entered
the Charleston Medical College for that purpose.
After concluding this course, he -returned to
Yorkville and resumed his position in the drug
store, at the samo time continuing his studies
assiduously for about two years, when he was
qualified to matriculate in the University of
New York, from which institution he graduated
in March, 1855. Immediately after his graduation
he returned to Yorkville and soon thereafter
commenced the practice of medicine.
In August. 1861. he volunteered as a private in
Company A, Twelfth S. C. V. Soon after his
regiment was mustered into service, ho was detailed
as assistant to the regimental surgeon, in
which capacity he acted for about a year, when
he was appointed and commissioned an assistant
surgeon. In this service he continued, both in
the field and in hospitals, until only a few months
before the close of the war, when his health
having become seriously impaired, he resigned
his commission and returned home, again resuming
his local practice, in which he was unremitting
until stricken down with pneumonia but
a few days before his death.
Dr. Jackson was never married. For many
years he boarded in the family of Mr. T. M,
Dobson, and while he was fond of children and
seemed to prefer the'attractions of home life, yet
he was never so much contented as when in th(
private room of his well appointed office surrounded
by genial friends with whom he was
always sociable.
He was faithful in the discharge of every duty
devolving upon the patriotic citizen. In his boyhood,
with a mind seeking knowledge, he labored
on the farm, studying at his leisure moments
and storing up knowledge until he was enabled
to teach ; then serving an apprenticeship to a mechanical
trade, engaging in mercantile pursuits
studying for a profession, answering the call ol
his State to arms, and later becoming a devotes
to his chosen calling for which he was so well
qualified, it can be truly said that in no positior
was he derelict. His charity, especially in the
course of his practice as a physician, was i
marked feature of his career. One of our local
physicians remarked in our hearing, since his
death, that "Doctor Jackson has done more charity
practice than all the other physicians ol
Yorkvillecombined."
During forenoon Saturday, his body, encased
in an elaborate silver-mounted casket, was viewed
by a large number of people, men, women anc
children, who paid the tribute of a sympatheth
tear to the memory of him whom all had learned
to love.
The funeral services were conducted in th(
Presbyterian church, of which he was a member,
by the pastor, Rev. T. R. English, wh(
read the ninetieth Psalm and a portion 01 th?
20th chapter of the first book of Samuel, drawing
an impressive lesson mainly from the las'
clause of the 3rd verse: "But truly as th<
Lord liveth, and as thy soul liveth, there is bui
a step between me and death." From th<
church, his body was borne to the cemetery
followed by an immense concourse, the following
friends of the deceased acting as pall-bearers
W. H. McCorkle, L. M. Grist,
Dr. J. R. Bratton, Dr. J. F. Lindsay,
Dr. W. M. Walker, Dr. J. B. Allison,
Dr. R. Andral Bratton, Dr. W. G. White,
Geo, H. O'Leary, Jno. F. Gates,
J. R. Lindsay, " J. W. Dobson,
L. George Grist, R. A. Parish.
In the funeral cortege, saddle and bridh
draped in mourning, was the Doctor's faitbfu
horse, led by Hannibal Beatty, who has beer
the Doctor's constant servant for twenty-twt
years, and whose grief, it is fair to say, was as
genuine and sincere as that of any of the sor
rowing throng.
Gently was his body laid to rest, and as th<
floral tributes, supplied by thoughtful and loving
hands, were placed upon his grave, tin
thought occurred, "he has passed to his reward
the good he has done will live after him."
sSOtJTH CAROLINA MEDICAL STUDENTS
/Of seven South Carolina students at the Balti
more Medical College, all passed through th<
graduating exercises last week honorably, thougl
13 per cent, of the class failed. The full list o
those from South Carolina is Charles Lewis Allen
W. D. Hope, Whitefoord S. Stokes, Charles C
Taggart, William McCullongh Lester, John J
Lindsay and Ebenezer Wideman Pressly. Mr
Pressly is a son of Rev. W. L. Pressly, D. D., o
Due West. He took two prizes, one, the Uni
versity prize, a fine gold medal, for the highes
average in all the studies, and the other, th<
Mittenberg prize, a case of fine instruments
Mr. Pressly has the exceedingly high honor o
not only leading his class, but of boating th<
record for the life of the University. He is wel
known in York county, having successfully
conducted for a number of terms the high schoo
at Clover. We learn that he will locate at Clover
associating himself in the practice of medicim
with Dr. A. P. Campbell. Of the otheifSoutl
Carolina graduates, W. D. Hope is a native o
Yorkville, and we congratulate him on his sue
cfissfnl p-rjirlnnt.irm.
THE CATAWBA INDIANS.
The Columbia correspondent of the Charles
ton Sunday News writes the following concern
ing the Shite appropriation for the Catawba In
dians in York and Lancaster counties:
Governor Richardson was called upon Satur
day by Jim Harris, a delegate from the mem
bers of the Catawba Nation of Indians residing
in this State. Harris was accompanied by Col
J. Q. Marshall as attorney.
The Indian's object was to obtain from the
Governor a construction of the Act of the Legislature
appropriating $800 for the support ol
the Catawbas. The Indian agent, Mr. A. E,
Smith, of Rock Hill, construes the Act to mean
that the money is to be divided among the members
of the nation in and out of South Carolina,
The Indians in the reservation in York and
Lancaster counties consider that they alone arc
ontitled to the money, there being 20 of the
tribe in other States and Territories.
The Governor stated to the delegate that he
could not take any action in the matter without
consulting the Attorney General, and even then
he did not think he had the power to place a
construction upon an Act of the Legislature,
He advised Harris to take the case to the
Courts and obtain a ruling in the matter. While
it was evidently intended that this appropriation
should be given to the Indians in this State,
the wording of the act makes it appear that the
money is to be distributed among all of them,
no matter where their residence may be.
RAILROAD NOTES.
The rbute by which the railroad will enter
Yorkville has not yet been determined upon,
During the past week the engineer corps has
been engaged in running lines entering on the
south side of town. The last of those surveys
begins at the "old Campbell house." west of W,
J. Stephenson's, thence to Edward A. Black's,
thence through W. J. Stephenson's land to J,
0. Walker's, near Bratton's old saw mill, thence
through the lauds of John Jackson, Mrs. Burris,
W. L. Goforth and estate of Peter Funk, crossing
the Chester and Lenoir railroad south oi
J. J. Garvin's houso and intersecting, through
the lands of Mrs. W. B. Wilson, S. Rufus
Moore and Rev. L. A. Johnson, with the line
previously surveyed from Rock Hill. We suppose
it will bo some days before the line entering
town will be adopted.
The work of grading from Yorkville to a
point twenty-tive miles this side of Camden,
has been taken by W. II. Kirby, who will put on
a force of hands at the lower end this week.
Col. Kirby was one of the contractors for the
grading between Shelby and Rutherfordton.
For the present Lis headquarters will beat Rock
Hill. The contract for grading between Yorkville
and Black's has been given out to a
Northern company, but we have not learned
when they will commence operations.
Preparations are being made at Canulen denot
to receive and unload 400 tons of iron.
The Shelby New Era of last week suvs: The
Charleston, Cincinnati and Chicago Railroad has
it last reached Rutherfordton and are now
handling as much freight as they can conveniently
carry. Their passenger engines and cars
ivere*shipped to them last Friday, and as soon
is they arrive, regular passenger trains will be
put on.
Mr. Samuel H. Harris, of Shelby, has been
ippointed depot agent at this place and will
begin his duties on April 1. Mr. Robert Babington,
of Winston, is to be the agent at
Mooresboro, and Mr. J. D. Scruggs, of Forest
City, the agent at Forest City. Mr. Rudasill,
he contractor, will complete the depot by next
Wednesday.
Messrs. J. A. Darwin, T. II. Glenn, Arthur G.
Hart and W. D. Glenn, young gentlemen ol
Sforkvillo, have entered into a contract to fnrush
:i">,000 cross-ties for the road.
Correspondence of the Yorkville Enquirer.
LETTER PROM CHESTER.
| Chester, March 28.?The first case to be
j tried in the Circuit Court at this place was
I that against James Pratt, colored, charged
with an assault and battery with intent to
kill. The prosecuting witness was a color
ed man, with whom the defendant became
engaged in a difficulty in a Christmas frolic.
The jury found him guilty with a recom
1 mendation to the inercy of the Court. John
Houze, colored, was next tried for assaulting
Mr. A. M. McMullen with an intent to kill.
In the difficulty between them the defendant
struck the prosecuting witness three
times with a hoe. The latter admitted on
the stand that he had a knife in his hand at
[ the time of the assault, but had no intention
of injuring the defendant. The latter
swnrf* that his life had been threatened and
that he used the hoe as an instrument of
' attack for self-protection. Thejurymadea
mistrial of the case.
The next case tried was that of the State
i vs. James Alexander, colored, charged with
assault with intent to kill. The prosecutor
was also colored, who swore that the defendant
shot twice at him. Thejury rendered a
; verdict of not guilty.
The next case tried was that of the State
, vs. Thomas Agurs, colored, charged with
the .nurder of Itay McClellan, colored. The
defendant testified in his own behalf, and
swore that an improper intimacy existed
between Ray McClellan and his wife, and
that on the evening of the difficulty, which
' grew out of this intimacy, Ray advanced
on h'm with an axe, and that he shot him
in self-defence. This testimony was in di
rect conflict with that of the State's witness.
1 The defendant was found guilty of mant
slaughter.
' The next case tried was that of R. D.
"Moore, colored, charged with arson. The
i defendant was charged with burning a
large vacant dwelling, the property of Mr.
Cluff Farrar, of Union county. Isotwith.
standing the witnesses for the defendant
. swore that he was in his own house the
, night of the fire, and did not go out of it
1 until after the discovery of the fire, circumstances
pointed with an unerring hand to
his guilt and the jury found accordingly.
j. The next case was that of Hay Robbins,
colored, charged with the murder of Pres.
ton Vaughn, colored. The killing occurred
in June, 1885, in a bateau on Broad River.
1 A jug of whisky, belonging to Preston
5 Vaughn, and which in some way was brok1
en, led to the difficulty between him and
1 the defendant. The State's witnesses estabJ
lished a clear case of murder. The defend
antswore that Vaughn made threats against
f him, and attempted to draw a pistol upon
him, but his testimony was contradicted by
I disinterested witnesses who were present.
The jury found him guilty of manslaughter,
I which, considering the aggravated circum.
stances of the case, was a triumph for his
1 attorney, Mr. \V. A. Sanders.
The Court then entered upon the trial of
3 Jesse Bobbins, colored, charged with an
assault and battery with intent to kill, upon
, Mr. David Good. The prosecuting witness
made the following statement on the stand:
While returning home from the Chester
" Fair on the 28th of last October, the defendant
came up behind him in a wagon and
3 was driving so rapidly that the tongue of
1 the wagon struck his horse. He asked the
} defendant what he meant. The latter im?
mediately jumped out of the wagon and
seizing rocks began to throw them at Mr.
: Good, who by this time had dismounted.
He was struck three times before he was
able to make an advance movement on the
defendant, who found safety in flight. The
defendant told the following tale on the
stand: He was returninghome in a wagon,
and was driving so rapidly that the tongue
5 of the wagon ran against the horse of Mr.
1 Good, who was riding ahead of him. An
3 apology was offered, but Mr. Good was too
, indignant to accept it, and jumping off his
, horse drew his knife and advanced on defendant.
The latter, who by this time was
on the ground, seized rocks, and to save his
own life, hurled them at the prosecuting
witness. These conflicting accounts of the
difficulty were both corroborated by the
5 witnesses for the defendant and the State.
5 Considerable time was consumed in proving
the defendant's character. The predominating
sentiment of the people among
whom he had lived was against him. The
Judge enjoined upon the jury the necessity of
divesting their minds of all race prejudices
f in the consideration and decision of the
case. The jury returned a verdict of guilty.
' Thesolicitorentered a notfeprosstfi/i in the
case of the State against Jennie DeGraffen
reid, colored, charged with arson.
James Coleman, colored, pleaded guilty
f to the charge of grand larceny.
The next case tried was that of the State
t against Walter Fonser, colored, charged
b with grand larceny. It. D. Moore, colored,
. the prosecuting witness, swore that the def
fendant, on the 23rd of last December, stole
a his mule, rode it to North Carolina and sold
1 it. The defendant swore that Mooore inj
structed him to take the mule to North
l Carolina and sell it for one hundred gallons
nf whiskv. His testimony was suoDorted
g by strong circumstantial evidence. The
j prosecuting witness made no effort for some
f time to recover the mule, and not till he
had been charged with the perpetration of
a crime in regard to which he had made
to the defendant some damaging admissions,
and of which he was convicted on .
. Tuesday. The verdict was not guilty.
The next case tried was that E. L. Gaston,
. charged with the murder of W. E. Estes,
his son-in-law. The principal facts are these:
Gaston and Estes were in Chester on the
! 14th of last December, and after spending
r the day in town left for their homes shortly
. afterdarkinanintoxicatedcondition. They
had not gone far when Gaston was attacked
* by some one, and he came back to get a
i pistol. Getting it, he again started homewards.
After riding several miles, Estes,
[ who was still with him,and had been drinking
in the meantime, put his arm around
. Gaston's neck and threatened to cut him.
1 They were both on their horses and Gaston
! was in danger of falling off. He again said
1 to Estes to loose him, but Estes would not,
, and again reiterated his threat to cut him.
; In the struggle that ensued between them,
i Gaston's pistol was fired and Estes was
1 shot, and after riding a short distance fell
; off his horse and died. Gaston swore that
| the firing of the pistol was accidental; that
' he had no desire or intention of killing
Estes. There was some conflict of testimoi
ny on this point. One of the witnesses for
, the State swore that the defendant told him
the same night of the shooting that he shot
at Estes, and that he shot to kill. There
. was also evidence to the effect that hostility
existed between the two men, and that the
defendant had threatened to kill Estes. The
' jury returned a verdict ot not guilty.
1 The next case tried was that of J. Har1
vey Neely, charged with an assault of a
high and aggravated nature upon the four*
year old child of G. B. Mosely, of this
county. A tremendous crowd filled the
1 Court House.to hear the trial. No such
public interest in any previous trial has
been manifested in many years. The so'
licitor, assisted by Mr. A. G. Brice, represented
the State, and Messrs. J. K. Henry
and W. A. Sanders, the defendant. Contrary
to general expectation not much
time was consumed in obtaining a jury.
The first witnesses were the physicians
who saw the child on the day of its injury.
Their opinions harmonized on this point:
that the injury to the child might possibly
have been accidental, but the probability
was uuil suuic persuu prouucea me injury.
Mrs. Mosely, the mother of the child,
gave an account of the unfortunate affair,
which is substantially as follows: She left
her child with the defendant and went to
the kitchen to prepare breakfast. While doing
so she heard the child screaming, and
going to its assistance she asked what was
the matter. The child replied: "Uncle
John Neely has hurt me." The mother
said: "1 reckon not," and took the child
with her to the kitchen. It continued
crying and repeated the remark: "Uncle
John has hurt me." The defendant remained
at the house until after breakfast
and then left. The continued crying of the
child led the mother to make examination,
and she found the injury which the defendant
is charged with perpetrating.
Another lady witness who saw the child
shortly after it was hurt, testified to its condition
and to its making use of the same
language to her that it had used to its
mother in speaking of the perpetrator of
the act.
The defendant was placed upon the stand
' and denied the charge brought against him
in the most unqualified terms. When asked
the direct question as to his perpetrating the
V