' INDICTMENT for highway robbery, tried before Coble, J., at Spring Term, 1899, of Union Superior Court.

The indictment charged that the robbery was committed upon one IT. A. Lowery in Union County, at and near a certain highway in said County, to-wit, the Monroe and Wingate road.

The prosecutor testified, that he was assaulted, shot and robbed by the prisoner of a pistol, watch and money, and that this occurred about fifty or seventy-five yards from the Monroe and Wingate road — he had not traveled on that road, but on the railroad track.

There was other evidence on the part of the State that the locality indicated was in plain view of the County road, which ran parallel to the Carolina. Central Railroad.

The prisoner testified that he won the property at cards and shot the prosecutor who assaulted him with a stick of wood.

After reading his notes of the evidence, his Honor instructed the jury, in part, as follows:

The defendant is charged with the crime of highway robbery. If the jury find from the evidence beyond a reasonable doubt under the Court’s instructions, that in or near the public highway, the defendant assaulted the prosecuting witness, II. A. Lowery, and put him in fear, and that the prosecuting witness surrendered his pistol, watch and money through fear of bodily injury, to the defendant and that the defendant took through such fear from the possession of the prosecuting witness said pistol, watch and money,’ and car-, ried them away, and that the defendant did this feloniously, that is with the intent to deprive the owner of the goods and appropriate them to the defendant’s own use, the jury will find the defendant guilty of robbery as charged in the bill of indictment. If the defendant won the property in question playing cards, and did not take the said property in a felonious manner, he could not be found guilty under this bill.

If the jury have any reasonable doubt of the defendant’s guilt, the jury will acquit him.

The defendant’s exceptions are contained in his counsel’s brief subjoined.

There was a verdict of guilty.

The defendant was sentenced to a term of six years in the County jail of said County, to be worked on the County roads —from which judgment he appealed.

niSiniNBANT'S BRIBE IN THE SUPRBME COURT.

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