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The Abbeville Messenger. W. I,. BONHAM, Jk.,) Avn } Ed,to1>KXKTok, WEDNESDAY, FEBRUARY 11, 1A85. GRAVE REPORTS. The trial of John (J. Ferguson for th? killing of Arthur Benedict has ended in a mistrial, and must he had again. In what we are ahout to say, wo desire it understood that our utterances have no reference to the future of this rase. We would upon no account prejudice his cause. But, in connection with the trial just closed, there are some giavo and serious matters which wo cannot, as honest journalists, allow to pass in silence. Humors touching the integrity of the proceedings are rife within this community. Ovcr-/.ealous friends of the accused, it is said, have used undue influences upon jurors. Indeed, the composition of the panel has Wen the source of much whispered insinuation. We desire to say that what we now say has no reference to the counsel of the accused man. It is not our purpose to regale the public with the thousand and one rumors filling the air iu regard to this matter. Our aim is simply to say to those who. in their misguided zral for a friend, have, if what is said is true. Iniil thi>niKi?1v<>s liable to punishment by the law; that the tone and temper of this County will not tolerate any act that has the appearance of tampering with the administration of the law. If we know this people, they want to give to every man a full, fair and impartial trial. But their sense of honor, their love of fairness, their respect for law, all demand that the perfect purity of the trial by jury shall be maintained inviolate. Moreover, their pride in the good name of their County rises to protest against everything that has the semblance of an attempt to prostitute our Courts of justice. There is no language too strong in which to condemn the actions of those who are affected by those reports, if they be true. Upon every Btreet corner it i? asserted thst no effort was left unused to get upon the panel men known to be friendly to the defendant. That unlawful communication was attempted to be had with the jury, and that before the trial jurors were approached with reference to this trial. Now, we say again, If all this, or any part of it, be true, it is a disgrace to our people and our County, and an experiment which he who attempts hereafter tfill find to be exceedingly dangerous; au'd we say this with no reference to this case. But we lay it down as a rule, which the honorable people of this County will demand, shall bo rigorously enforced. Tho safety of law-abiding citizens?of those who observe the law, and depend upon it for protection lies in its strict enforcement. We cannot afford, therefore, to bo silent when dangerous inroads are made upon this citadel of our rights. We trust that we shall not again have occasion to write a warning like this. OUK KAIL ROAl). In the interest excited by the events of our Court don't let us lose sight of the C., C. G. & C. R. R. Succoss in an enterprise of this nature lies in no smnll degree in the persistent efforts of a few persevering and courageous men. By general consent, or more properly | because of general indifference a few men come to tho front in every undertaking and bear the brunt of heat and J>urden. These men have arisen in our midst and it becomes the duty of our community to support them and uphold their hands. The Action of the Board of trade and the Chamber of Commerce of Charleston is very encouraging. They at least recognize the importance of this connection and, their suggestions and opinions will doubtless have much weight in inducing the people of Charleston to embark their money in the undertaking. The tpwn of Trenton has met the people of Abbeville in the proper spirit and resolved to issue Bonds to the extent of five per cent, of their taxable property in aid of the lload. We have not yet heard from Edgefield and Aiken. but we have no doubt of their potion in the premises. Let Abbeville therefore continue the good work it has begun and lead in this undertaking. To her the road is a last necessity. Prudence, sagacity, energy, require her to build it. Indeed her safety, and the preservation o? her Very existence depend upon i*.. EDITOKI A Li NOTES. Mr, N. G. Gonzales, roportor for tho News and Courior, was sent hero by tliut enterprising journal to attend the Ferguson trial. Mr. Gonzales is one of tho bext news paper men in tho State, and is t ?<? a most social and genial gentleman. ADVICE TO MOTHKliS. Are you disturbed . at night and broken of your rest by a sick child suffering and crying with pain of cutting teeth ? Tif so, send at once and get a bottle of Mas. Winsi.ow's Soothino Syrup; FOB ClIILDHEN TkRTHINO. Its value ifi incalculable. It will relieve the poor little sufferer immediately. Depend upon it, mothers, there is no mistake about it. It cures dysentery and diarrhoea, regulates the stomach and bowels, cures wind colic, softens the gums, reduces inflammation, arid gives tone and energy to the whole system. Mrs. Winslow's Soothing Syrup for Children Tkkthinq is pleasant to tho taste, and is the prescription of one of tbe oldest and best female nurses and physicians in the Sfnited States, and is for sale by all ruggists throughout the world. Price 2ftxcents a bottle. * 6-ay Ferpson's Folly. HIS SANITY QUESTIONED. Full Account- of the Trial ?Testimony of Expei-U ? Doctor* Disagree and ho <lo the .Tury?lO to 2 the ItcHiilt. Other Court Proceeding. wkdnkshay. The argument in the case of th? vs. John Moore, whs concluded nid his Honor charged the jury and .hey retired. The State vs. Hugh It. Gibert, assault and battery with intent to kill, was then railed. Mr. K. B. Gary, represented '.lie defendant. On motion of defendant's counsel the case was continued, on account of the absence of a material witness. State vs. Allen Watson, indicted foi assault and battery with intent to kill lj. \V. Smith for the defence. Verdict, sjnil'.y. State vs. Rafe f!hilcs?Carrying con coaled weapons. O. T. Calhoun and F. B. Gary for defence, not guilty. When the jury in the John Moore case had reported to the Court that the} were unable to agree upon a verdict, bis Honor instructed them to return to their room, and take a vote upon the question as to whether they were willing to stay there and tight it out. The jury unanimously decided, that they bad bad enough of it, and his Honor instructed the Clerk to enter a inistri: 1. 'TIIlTttSOA Y. The whole day was taken up in the trial of the State vs. Thomas (iaston. white; and Fed Devlin, colored, indicted for burglary and larceny. G. W. Cromer was the prosecutor and had employed Kllis G. Graydon to assist the Solicitor. The defendants were represented by Messrs. Bradley, Bonham and 0, T. ^alhoun. The jury returned a verdict of not guilty. PRESENTMENT OF TUE GRAND JURY, FEBRUARY TERM, 1885. I'o tiik Hon. B. C. 1'kksslf.y, Pkk81 ItIKU J UDC K. The Grand Jury respectfully submit the following report : We have examined the offices cf the County and so far as we" are capable of judging they are well kept. Wo recommend to the County Commissioners to be more par>: 1 ? i i m^uiui in tiiuir i;uiurnv;ij) aiiu ngiu in roquiring a strict compliance with the specifications. The roads in spine localities are not well worked. The road supervisors are expected to do a largiamount of work without compensation. The overseers are thus freed from accountability. and the labor necessary to keep up the highway is not given. Th* C. & G. Railroad ignore Sections, 1434, 1502 of General Statutes. The K. & A. Railroad disregard Sections 1475 and 1476. And we recommend these Roads to the attention of the Solicitor. The County Commissioners are prompt in noticing all complaints made to them under Section 1178, in regard to the removal of obstructions from creeks and branches, we rocoinmend a more general enforcement of the Act. The Poor House we have examined with care and recommend some ltttle repairs lo the buildings. The inmates are well cared for anil are comfortable. The Trial Justices, have furnished us with only 10 Hooks ; four of these only are in proper form and well kept. We recommend, the rest be required to procure books of the same kind, which will furnish an itemized statement of each case. We examined the jail and find it well kept, w'.th due regard for the comfort and safety of the prisoners. There are serious complaints made to us of the palpable violation of the law \\\T enmn 1 !* ?? r?r?? o in # r* "" 1 " ? ^ uj owmv m iiic oua* Ui iiJUClli spirits, but we nre not now prepared with the evidonce to prosecutc to conviction. Wo submit the following from the Probate Judge : Gentlemen : As Judge of tlie l'robute Court which has jurisdiction in matters of Lunacy, I respectfully call the attention of your honorable body to the fact, ther? are a few fiUniltins in thic nnnnfir ivlio - J not violent or clangorous, and under recent act of the Legislature cannot be committed to the Lunatic Asylum. This class of unfortunate people will doubtless have to be provided for by the County, and attention is called to thein now, that such provision inay be made as will meet their requirement. As to the funds in my hands I rospcctfully report tho sum of 12613.49, all of which is now on deposit in tho Anderson National Rank. All of which is respectfully submitted by, J- Fuller Lyon, heai.> Judge Probate Court. Wo tender our thanks to your Honor and the Solicitor and the ofliccrs of the Court for courtesies extended to us in tho discharge of our duties. Respectfully submitted. J. W. OLDHAM, \9 - r ore-man. Abbeville C. II.. S. C. Fob. 4, 1885. On motion of Jas. L. Orr, Solicitor, ordered : Thftt ho much of the presentment of the Grand Jury an rcdatoH to County matters be copied by the Clerk and gerved upon the County Commissioners. That bo much of the presentment of the Grand Jury as relates to the two Rail Roads, bo copied by tho Clerk and mailed to the Rail Road Companies and to the Presidents of- the respective roads. That so much as relates to Trial Jus* liccs, be copied by the Clerk and served upon the Trial J ustices. Feb. 9. 1885. B. C. Prjcsst-ky, Presiding Judge. friday. This was the day appointed for tho rial of John C. Ferguson for the killing >f Arthur Benedict, and ns it was generally known, the Courtroom was crowded vhon 10 o'clock, the hour for comnencing, liad arrived. The State and ho defence both announced their will ngness to proceed, nnd Clerk Zeigler egan to call the jurors. After a number of them had been put upon their , oir (tire, and a good many objected to >n the part of the defence, and some by I the Slate, the following jurors were selected to try the cause : J. A. Partlow. Foreman; lien Brown, i (col) Theodore Kennedy. .1. I). Carwile J. J. Bass, W. C. Shaw, .1. C. Mundy, W. W. Liws<?n, Lewis Brown, (col; T. H. Black well, .J. K. Kllis, Peter Richey, (col). TKSTIMONY KOll TIIB K'l'ATK. Mr. William Hiloy, was the first witness offered by the State, and, being sworn said: Am Marshal of the town; was standing just above the door of Auerbneh's sloro when 1 heard a pistol tired; saw a good many negro women rush out o. door; rati in there and saw ltenedict was shot; saw Ferguson standing tliere with pistol in his hand; asked him if he did the shooting, and he said "yes, the damn rascal was trying to kill me." 1 then arrested him, and sent for Mr. Orayclon, who would not let him give bail. I then took him in the Court Mouse to Mr. Dul're. Asked him if he could give bail, and Mr. Dul're sent him to Mr. DeBruhl, who inquired into the shooting and on finding Benedict was dying refused to allow him to give bail and sent him to jail. On tho cross-examination witness described the positions of Benedict and Ferguson when he entered store. Elijah Vance, colored, sworn: Was in Aucrbach's story when Benedict was shot; noticed r erguson leaning on counter opposite Benedict, anil saw Ferguson put his hand in his pocket, pull out his pistol, cock it, and put it in his overeo"' pocket. Caught a yon?"~ .?.i ny the arm, who was, mu, and took him saying I d;?i-. i know who he was going to shoot. Was in Kalisky's when shot was fired: saw Benedict right after he was shot; saw nothing in his hand. Cross-examined?I'Yrguson was leaning on the right hand counter ^oing in, at the lower end of it. B-neiiu-t was below on the other side behind counter, waiting on customers; didn't notice what he was selling; was behind Ferguson when 1 saw him take out pistol; was nearer the door than he was; took pistol from hip pocket, not in much of a hurry. Ferguson said nothing when I was in there. There was a crowd in the store; was in store five minutes: found Ferguson there and left hiin theiv. Re-direct?Diagram of store shown witness and from it he explained positions of the defendant and the deceased. Hetty Belton, colored, sworn: Was in Auerbach's store when Ferguson shot Benedict; Ferguson was on right side of store leaning on counter, then wont over on lh?> l<?ft sidr>. Hpnr><li<*L wn.? ln> hind tlie left hand counter and coinincnced waiting on me. 1 asked him to show mc some shoes; he came from hehind the counter and went towards Ferguson to get them; heard Ferguson say something to him, but did not understand what it was; heard Benedict say "What you say?" and then Ferguson shot him; Benedict did not get a chance to get the shoes before he was shot; Benedict had nothing in his hand. Lucy Saunders, colored, sworn: I was in Auerbach's store when Benedict was shot; was standing between the door and Benedict; Ferguson was leaning on right hand counter" not far from door; Benedict was behind loft hand counter not far from door; when I saw him again he was on the left hand side, at counter furthest from tho door; Benedict was behind left hind counter, Ferguson had pistol in his hand; a stack of boxes between me and Benedict, so that I could not see him; saw Ferguson was going to shoot and started to run; didn't see Benedict come out of store. Cross-examined?Was with Hetty Belton, standing beside her when pistol was lired; didn't hear Benedict say a word, nor Ferguson either; didn't know who Ferguson was then, but 1 noticed 1.; In.ninr. . 1 A ? mi iniiiiiiig mii iiic i igut vi'iiuivi as I went in; didn't sec Ferguson cock his pistol, and don't know how far Benedict was from Ferguson when lie pot allot. Dan Plummer, colored, sworn: Was in Auerbach's st->re when Ferguson shot Benedict; Ferguson was standing on the right hand side of the store, Benedict behind the left hand counter. Benedict went from bchiml the counter to get some shoes and Ferguson shot him; saw him wh^n he pulled out his pistol; shot him before I left the store. Cross-examined?Auerbach's store was crowded on the day before Christmas. I never noticcd Ferguson till he shot Benedict; saw him take his pistol out of his hip pecket. Three or four women were getting shoes from Benedict; heard neither Ferguson or Benedict say anything. Re-direct?lam not sure which pocket Fergusou took his pistol from. Richard Sondley, sworn: Was in front of Auerbach's store at the time of the shooting; Benedict came to the door and said .he was shot and 1 caught him; was shot a littlo to the left of the meridian line; died in in twenty or thirty minutes after he was shot; bled very little externally; had nothing in either hand. Cross-examined?Saw Ferguson in the store about the length of first counter back; all came running out when pistol was fired. D. J. Jordan, sworn: I know Ferguson and Benedict. I was standiner in Auerbach's store, and Forguson wart on the edge of the door, while Benedict was inside the door; heard them talking but paid no attention until I heard Ferguson call Benedict a damned liar and Benedict said you are another. This was a week before the killing. Samuel Mil ford, sworn: I know Ferguson; saw him on 24th December last in Itoub Haddon's bar-room. I heard him say to Stark Martin, como 'on down here if you want to sen mo kill a damn Jew. Stark said oh, no, don't go. I left thorn there, and had just got over to Mr. Hill's and stood there a little bit whep J heard of tliv? shonlinj. It was abouj ton ininuNw from tin* time 1 heard conversation with Stark Martin. Crow-examined?I had hitched my norse in me rear oi Keul> flaiWlon'* and had (romp in ?)ier?' ti> jjvt warm: didn't taken drink; Ferguson was there; It was not in bar-room where I heard the conversation with Stark Martin, but at Knox's corner. Stark Mnrtin had a conversation with mc, and tried to get me to deny somothing, but very few words passed between uh. I wont to see Mr. Bonham after that conversation. I didn't tell him I was mistaken; I sometimes take a drink; took right smart on Christmas day ; took only one drink of beer on Christmas eve, that was :it i after the shooting took place. Col Mr. Kali.sky, sworn: I am merchan- iigl dizing here, know Ferguson, saw hiin in F?-l my store on day Benedict was shot; he j asked if I had any thirty-eight or thirty- (? two cartridges, I said I did not. He ?n, said well 1 have enough anyhow to kill i,f.< a man ; He then cocked his pistol and | put some cartridges in, don't know how in , many; I don't think this was more |\N, than two and a half minutes before Ben- wo edict was killed. Th Cross-examined?First told this when ||:l Ferguson was arrested ; told it to Wade |)t. Cotliran, Sondley and Visanska; I was d,,, very busy in my store; didn't mention |H. about cartridges until three or four ng( o'clock. Ferguson was in my store for n0( ten or fifteen minutes. I didn't try to Wft recall who was in my store when Fereu- [,}? son asked for cartridges ; customers in jlol store might have seen pistol. Had not spoken to Benedict for over a year and s?,( a half. Mr. Auerbach and myself are \\*I not friendly. I am an Israelite, Bene- wo diet and Auerbach are Jews also. For- on| guson generally bought 38 cartridges. Solicitor Orr. hpro annnnnroil firm* tlin , ? - sin State would rest. hy Mr. lionet for the prisoner, raised the a s point that the State was compelled to to put up cvry eye-witness to the killing, i,Q and give the prisoner the benefit of Vcit cross-examining them. lut The Judge ruled that the State was he not hound to put up any witness, which ho in the judgment of its prosecuting ofti- J i] cor, would injure the State's case, or mr even lean to the other side. Defend- rje ant's counsel excepted to this ruling. I s Mr. lionet then made the point that i,M the State was compelled to examine all jnj: witnesses whose names were on the thi back of tj)p indictment. lib, His Honor ruled that such was the sat case, unless the Solicitor could s:iii>;f\ the Conrt, that ho hart goo?l reasons fur hii not so doing, and of those reasons he w? was p.prf^ ,'y satisfied. Defendant's co^i'- ' '....vpted also lo this ruling. na .. request of defendant's counsel tr(1 the Court took a recess until half-past sd two. W( AFTKR RECKSS. go Martha Wharton, colored, sworn: wi John Ferguson's nurse; had charge of sai him three years; had '"spells" he would I t fall; have to carry him in the house; rub soi him with camphor and things; trouble spi seemed to be in his head: couldn't tell thi his age: more than a year old when 1 no first went there; he was walking; he on had these spells right often, sometimes; wti couldn't toll how often. die Cross-examined?I can't tell how un old I am; about L5; I could not tell how an old Mr. Ferguson is; couldn' tell who wl was the Doctor; saw the Doctor: didn't wi know him: did'nt send for a Dnrtur of. ? l ten, they knew what to do *. they did sin send for a doctor ; could'nt exactly tell in how was wlien I belonged to H< them. in time of the war; could'nt tell th< how many times sent for doctor: chil- sm dren yoiujger than Ferguson right smart in difference in ages of children : I was roi certain to be there wlien he hud these an spells; don'-t know how old when coin- wo mencc nursing him. 20* Mrs. tiusrn Ferguson, sworn : Am tin mother of the defendant; Martha 14 Wharton was eight years old when she str nursed him; Johnnie was hotter than Ht a year old ; lived at the Litos place on str the other side of Long Cane ; Dr. James ag< Mabry, who is dead now, attended him. ev John had spells sometimes when out in lo< the yard, and would he brought in-the 1 1 house palo and senseless ; would not IIi send for a Doctor, because he would he ha over them before the Dne.tm- dinM there ; John when a child would scream laJ unnaturally when asleep ; I know no all cause lor it; none of my other children be were affected in this way ; have seven ws living children and three dead; John his was the oldest son and was next to the to oldest child; ho is twenty-throe yenrs be old, is married and has one child ; has go been married two years last December ; foi spells spoken of left hiin when four or he five yeai'B yld ; have observed a return afi of them about throe years ago, came wl home with them in 1H81 ; looked pule hii and low.spjrited ; went out in the yard lei and caught a negro by name of Tom ai Unrrv in thn r?nl 1 nr fnr nn ? ^ , ... ...w ww.M.f v?l Ull u.\ niiu Wl said he was going to kill him; he 1h? ha him go as soon as he saw me : saw no of other spell after that till 19th of Decern- I ber; he was at our house at that time ; sl< looked very sad and pale ; had eresip- ro< elas in his leg at that time, which was a < giving him great pain; he had looked th sad and depressed all year; I noticed it lei especially after the 14th of February ; he tel was stabbed in the back at that timo ; an seemed a bad wound, for it gave him do great pain ; from that time he has'nt I ? been like he was before; had been to he Ninety-Six to a wedding on the lUth D'j- in; cetnber; he had nut been drinking to tri inyknowedge; he was restless on Kri- as day night before Christmas; said his in; leg gave him such pain that he could'nl \V sleep; he did'nt seem conscious of what no he was doing after ho came from Ninety- lat Six ; saw him next morning : s-mmiiwI to m: be sad looking, and had'nt much to say : to: said he wished he was dead, for rvery ov body was against him ; 1 always felt un- br easy about him ; Lizzie, my oldest ehild, an died in 1873; sho was snbjeet to these wr ii.. ? opuuH in -nur iwmii vear; nan mom sei about six months .before we jr??r them hii stopped ; she foamed at the mouth and ha became black in the face ; sent for Dr. foi Roberts to s&e her; was living at Cal- be houn's Mills then ; he gavo her vera- ail trum; she was nearly thirteen years sij old when she died ; was never slroneaf- mt ter thoso spells ; I thought it was hard in< study that gave them to her; she had I)i spells more at night than during the day ; inj did'nt notice they disturbed tier sleep, an fVial with veratrum viride in it shown th witness and identified as the same from ob which she gave her daughter Lizzie, hit doses.J I had three uncles and two aunts who died suddenly with such soi spells; they were Alien, Sherod and hii William Barksdale, Mary Barksdale and kn Mrs. Kerr; these facts were not well da known in the neighborhood, because we never spoke of them; always tried to til keep it to ouvelvos. thi Cross-examined : Lizzie had thene bu spells for six months and then cot over th< them, but never was well any more; dri thought tl^ey were brought on by hard Co Mtudy ; ( was not present when any of ha my aunts or uncles died; Allen Barks- we dale lived at old Frenchtown ; did'nt 1 send for, the doctor for .Johnnie during lik these spi'lln r did'nt see any after he on wus four yoara old fora number of yearn ; Sal can't say anything as to his drinking for 1 I never Kaw him under the influence of of whiskey in my life; it was throe years Jol ago when ho collared tho negro ; he was of not under tho influence of liquor then ; the that was the first evidence I saw of the dis return of these spells ; he never man- he ages his father's business ; worked with bit the rest of the hands; sometimes trans- hin acted business for him ; ran abcounts for asli himself after bis marriage ; he worked cla his own orop and managed and controlled the his own hand* ; we sent him to school too er to his head and ho was soon all ight; lasted not more than fifteen or wenty minutes ; one morning at the jreakfast tabic?ho was boarding nt my muse?he was similarly ail'ected ; be rame palo and lost his intelligence, and ,vas taken from the table ; lasted a very ihort while. Cross-examined?When ov?-r the Ibbeville, Due West and to Adgcr t : wns stabbed in the back in a r it nl a party at my house on 14th t uu.iiv. I lr. A. .1. Ferguson. sworn: 'Am the ' i < ' 'oh-: I'ci^Umhi. Tim uiil thai 1 scd 111in beh?n i l<> me. Shu is now } \\'i>ou thirty and thirty-live years old. * u\e seen her l>!:ii.r him in the house manner spoken of. his eyes looking ? I 'ind h?- pah* and uiieonscious. He ' iilil sometimes wake up screaming. ' is lasted until he \t:is livo years obi. ] I Dr. .Inn Mahry to attend him. As ' Jilciv ?ddev ll" S"e.llod to net OVcT ' ill. 1 didn't know oT any spell until went to Walhalla to seliool, five years 1 >. I brought liim nwny because 1 did . know what mi.dil b the r-'sult. He r at Adg'-r Co.lege ior live months ; let 1 n go to work ai'ii-r I luul brought him 1 me; did all sorts of plantation work. 1 towing lii-s disposition to have these dis I tried to favor him all 1 could, lien it was very hot or had laborious rk I would favor him. I saw speli (lint in SI or '8*2. We were haulitiy ru Ilk lit>t(!iu*r I I.<i.l 1 art. John tumbled over: moved him side of a tree, and remained there in tnpid, pale condition and didn't seem know anything. It was about two urs before he was rational enough to ow which way to go. He helped us e in tho evening. When lie got up started in a different direction from me. The spell occurred about 10 a. in. lon't think he had been drinking that rnintr. This was before he was uiar<1. I noticed another similar spell, ent him to tho mill to sec about some nlier. When he came back was look* ; curious and strange. I saw someng was wrong with him; asked him out tho lumb'.'r and he gave me no isfactory answer, lie then went out hack door and his mother folloved n. . went out of front door and ilked round end of house, and saw him he turned the negroe loose. Xegroe's inn was Tom Horry. Know of no tilde between Tom Berry and him,f. I saw. no more spell while he was rking wit'i me. He worked crop Jo msell after ho was married. I was mg across bottoms in very hot (athor. John wis plowing n:ul he d that he believed ho had give out. old him to go to the sntiiig and gel me water ami cool off. I w>-nt to ring first, and as he came I saw somemg was the matter with him. He was t savine a \rurd. and inst as h;? o-ot posite the spring he fell. I poured Ll<*r on his fa**" anil fanned him. lie 1 not speak for some tiinr\ ami was conscious. 1 staid with him one hour d a half, lie did not talk s"iisib1y jen he did commence talking. He dit with me to my house, and plowed ittie late in the evening. He had a uilnr spell last y jar in the cotton patch Iuly, about 10 o'clock in the day. ; suid Pa, I helieve I am going to faint; . re looks like there is a thick cloud of loke in front of me. I then took him shade ami he fell down and tried to use him up. hut couhl not for about hour. When 1 did he said ho wanted iter very bad ind took him to a spring I) yards off. He didn't have any more it day. He was stabbed in back the th February, 18B4. It was i riirht aight slick and gave him severe pain. ; never has looked the same since the ibbing. He looked sail and diseoured; didn't look natural out of his es; held them in one position; they >ked set; hardly ever winked tliem. know something of John's drinking. ; began to drink three years ago. I ve seen him drunk a time or two at / house; In.' has drank very heavy for >t twelve months; I have noticed it year, but for last two months it has en an incessun, thing. Ever since he is stabbed. 1 know of no cause for . r i.~.. ? _ 1) > u:... > vi i i ii rv 11, i iiuvu nr:\ ci uuun t*u imil manage his own nfTairs since he has en living by himself; I have been ing there two or three times a week * the last two months, inquiring jfchere was anil where he had been; I was ai<l he was coming to town to get liskey and I wanted lo catch up with in; he had eresipelas very bad in his "t leg; he went to Ninety-Six to attend wedding and came back on Friday; h?: is plain crazy when he came hack; he d had something to drink, und a heap it; 1 smelt it, he was the craziest man over saw in my l:fe; don't think he >pt a wink that night, was in the same oin with him; tried to get him to take nip of cotFue; said he didn't want anyinz to eat and begged his wife not to we him; after I went to bed heard him II his wife tlifit ho wished he was dead d out of the way. Next d*y I came wn hi*re to see Dr. Mahry about John. ;aw John on Monday and on Tuesday; had been drinking then; he camn to y hou*e and had a jug of whiskey; cd to conceal it; heard him say he had itrnng notion of taking a gun and blow i his brains out; I didn't sou him on ednesday until Into in the e vening; I did t knon he was to come to town until :e in the evening; three was to be a irringc at Mr. Brooks'?his wife's si? ; John was not to be there; I went or and made arrangements for his other Tom to bring his wile to town d for John to stay at homo; 1 didn't mt him to come to town; he connted to that arrangement; never heard tn say a word about Benedict; John d carried a pistol regularly; certainly p four or five months; he began awhile fore the election; ever since the Guffin air; my daughter Lizzie had fits for c or eight months; have seen her in my a one; would jerk and foam at the juth and always try to get hold of me; '. Roberts attended her, (vial contain' ; vera tram viriile handed witnoss d identified as the one out of which a medicine for daughter Lizzie was tained) Don't know where John got < whiskey. Cross-examined?I saw him drink me between Fridavand Tu#ndnv; I shvr u hav? a bottle on Saturday; don't o\r whether he was drinking on Mony; was attending to his stock when 1 iv him; didn't seo him on Tuesday I one o'clock; hnd been to town on it day; I don't think he is a close yer; he staid at Adger Collcgo until 3 term was out; never heard of his inking either at Krskine or Adger liege; didn't know anything of John's uling Benedict a load of wood the ek before. He-direct?The jug spoken of looked e a half-gallon jilg; brought it home Tuesday evening, and had a bottle on turday. I'rof. J. K. Biley, sworn : I was one the Professors of Adgcs college when , tin Ferguson was therein the spring 1880; he had spells when he was ire ; one day in the recitation room I covered somethidg wrong with him ; looked very palo. as if he would turni over ; I addressed some questions to i u but could get no intelligent answers ; , :ed some of tho young men of his bs to take him out of the room into , i air and do something for him ; they i k him to the spring and applied ws- i spoils ho seemed all right again ; lie sometimes asked to be exeused from rentations ns he was unable to prepare :hem on account of some peculiar luring in h:.s head ; at all other times he was sane; when spell was on him he was not (leni oust rati ao ; it never came to mv knowledge he was drinking when in Walhalla. Re-direct?I came to Abbeville on other business ami met Mr. Ferguson nnri told him what I knew of these spells. Lewis Belcher, colored, sworn : 1 live at Mr. Jack Ferguson's ; have often seen John working in the field with thw other hoys; John and I were ploughing together year before last and John tumbled down rigth on the ground : he put his hands to his face and said Oil my head ! said he would be all right directly ; 1 went two rounds and he then started on round with his horse again ; then wont to the spring and got some water ; Joe and Tom were both there. Joseph 1>. l'erguson, sworn : Am brother ol John Ferguson ; was present in the woods when spell spoken of by my father was on John ; he dropped down nnd did'nt say any thing ; he was unmarried; it was in January sometime, rainy and muddy; he lay there about live minutes, and then got up and staggered round and said Ins head was hurting powerful bad ; 1 left hiin and father in woods and went, on to mill 1 saw him once before in a similar fix; about eight years ago wo were hoeing cotton and John fell down and staid awhile, when he got up and went to the shade ; ?.. i : ?' ?? v.ii V.V. TV.-.H3 "o" 1 nn? in yarn ? nun John walk o?l up ami col la rod Tom Horry and told me to hand him the ax he wanted to kill that negro; I had the ax in my hand ; he gave no reason for wanting to kill the negro ; 1 knew of no trouble between John and Twin Berry : don't know whether he was drinking or not ; he looked pale and foolish ; about a month before C'hri<tmns my brother and myself found, him lying in his piazza insensible ; this was about - j>. in. : it was half an hour bet'.-ir.; I rould get him roused u;>; when he got uu he complained of his head ; ab.?ut a week before he went to Niuetv-Six 1 went to his house from town ; he seemed wrong in some way; said he was going to kill himself, and went into the house and got his pistol which 1 took from him ; he had been carrying a pistol for seven or eight months to mv knowledge; he has been drinking a good deal since he was stabbed ; and more in the last three months than he had done nil the year; was with him at Ninety-Six ; was drinkimr when I trot there; John went to sec Dr. Wenck, who rubbed his log with something, and as we started away gave him a drink of what I thought was whiskey; John was drinking when we left Ninety-Six. but soon he let the lines drop and Tom drove the rest of the way ; he hail not been drinking that morning that 1 knew of; he caine home on Friday and when he got there he did'nt have a bit of sense. Cross-examined?He was under the influence of whiskey when he came from Ninety-Six ; nobody lived with him except his family ; I don't think he was drunk the day he wanted to kill Tom Berry ; saw-mill he was sent to-was not in the direction of town. Mrs. Mary Kennedy, sworn : 1 live at Ninety-Six, two miles from the town ; the wedding look place at my house ; ain aunt of John Ferguson ; his appearance attracted my atiention and I saw there was something wrong with him when he got ont of the buggy ; he looked different from what 1 had always seen him : he talked and acted strange next dav . nil tllP hp fi'flu iln?-n ihoro (in looked strange; there was no whiskey in my house, except some for silla-bub ; no whiskey is sold in Ninety-Six ; it is a dry town. Mrs. Carrie Richey, sworn : ain the step-daughter of Mr. B. D. Barksdale the uncle of Ferguson ; I was six years old when my mother married Mr. Barksdale; he lived fifteen years after marriage ; lived in Mississippi till lg72 ; at times he drank very hard, would then be delirious, gather his arms and say he was going to kill some one ; >10 one could control him except myself and 1 would make him go to bed; after-he quit drinking he continued to have llii'in ; come chiefly at night ; on one occasion ho attempted to cut clown and burn up his own house : was away from home a good deal when I came back here, but saw him have several tits. Cross-examined?I and my mother and John Smith sometimes saw him; I don't think J. H. Barksdale ever saw him. Thos. F. Ferguson, sworn : Am brother of John ; John drove the horses into Ninety-Six and I drove them back ; John looked pale and dropped the lines ; I was with Joe when we found hiin insensible on the piazza; said he believed he was going to die. and ho believed he would have died if his wife had'nt got there; John told me he was obliged to drink, because he thought he was going to die. Gross-examined?He never was at home under the influence of whiskey; f think he had some whiskey at Ninety Six. Tom Berry, colored, sworn : Lived on Mr. Ferguson's place year before last; not living there now ; one day as we came in from hunting I was standing at smoke house skinning rabbits when John catno out of the house and came straight on to me ; looked sorter wild at me, collared me and asked Joe for tlienx ; did'ntcall my name : no trouble between us. Cross-oxamiued?Did'nt hear him say what he was going to do with the ax ; have seen a drunk man catch hold ofanother : did'nt know whether John was drinking or not. 11. A. llichey, sworn : Met Ferguson one day in town ; commenced teasing him about getting married ; he started home with me; commenced whipping his horse ; I remonstrated ; asked him into dinner ; he s.ud he would rather eat his next meal in heaven or hell, ho did'nt care which. It being rather lato, and tho whole Court being worn out, Court was adjourned at this point until nine o'clock the next morning. Saturday's Proceeding*. T. L. Haddon, sworn: 1 was summoned as a witness for tho State. Was a witness at me inquest; l met Mr. Ferguson at door of Auerbach's store; I noticed he came near falling; I saw hiui go in; he went in a few steps and stopped; afterwards wont further; later neard swim1 one quarreling; heard "damn lie'' passed just inside the door; do not know who said it, or whether it was said in jest; couldn't have been more than a minute after I heard this, till the shot; can't say whether 1 heard anything said about wood before or after the shooting; I don't kuow where it came from. Cross-examined?I was sick yesterday: wrote thnt note to Mr. Bonham; didn't know *h voice inside of the door; several peisoi.s in there; didn't have onversatien with Ferguson in which ho mentioned B--nedict's name; didn't tell \V. S. Co!hum 1 heard him say he intended to kill Benedict; didn't see altercation between Benedict and Ferguson. Two or three minutes after Ferguson changed position until I hoard shot* l)r. F. F. Uary, sworn: I am practicing physician in Abbeville; 1 am Lihraian and Secretary and ex-president of the Abbeville Medical Society, Chairman Hoard of Health; I recollect the sad occurrence of the post mortem examination: I smv the dead body of Benedict; 1 didn't see any powder burns on his clothes; I know something of epilepsy, of its characteristics and varieties; there is really and essentially but one variety of epilepsy, but that is divided; serious form is termed grand mal, the other petty mal; the lines between them not distinct; a patient may suffer from grand mal and petty mal at the same time; grand mal comes on suddenly: usually lirst thing patient knows he falls with convulsive 'motions, uttering cry; as many fall without cry as with cr>; as often silent as preceded by cry; grand mal always fall, lose consciousness, da/.ed appearance; > >< ?...? : -II ' ? " - ...... nui. iiwiiv-i, k iii uii, uinc.vi luofciog at patient; ordinarily might not hi; m?tic> I by any one; 1 know of cases of epilvplio have tits upon them, where patient jro on automatically; a wound aggravates or may bring on epilep?y; an epileptic may be more apt to be affected; by reflex or the nervous disturbance, u wound aggravates or may bring on epilepsy; severe pain of eresypelas may produce epilepsy; any pain to nervous system liable to bring on epilepsy; an epileptic not any more disposed to liquor; irascible, easy to find fan 11, changes temper, has melancholly or depressed feeling. especially when its pending, or immediately afterwards, convulsions always at grand mat; foaming at mouth not alv 3 .n petty tnal; alcoholic stimulants aggravates the disease; a person who is epileptic may be deranged though apparently sane; a man may be sane on a great many things?others not; knows of a medicine called vera (rum viririe; an cpilectic during influence of that disease is liable to suffer from hallucination. Cross-examined?Kffect of epilepsy to inducc weakness or imbecility; grand mal while pending has effect to destroy the mind; brings on idiocy and dementia; look foolish; don't look natural; with one form of epilepsy they can conceive anil perlrom acts which require locomotion; veratruin usually ufted in other cases than epilepsy; it slowa the pulse; children screaming at night evidonce sometimes of heavy supper. THB 8TATE IN REPLT. Jones F. Miller, sworn : Am a merchant; have known the defendant for seven or eight years ; have had business with him ; conducted himself just like any other man ; he is a close buyer ; have no reason to believe that he was any other than a sane man. W. R. Smith, sworni : 1 live (wo miles from here and have known Ferguson for five or six years; had business with him up to November 1384; managed his business as well nx many would ; have no reason to believe that he was any other than a same man. W. T. McDonald, sworn : Hare known Ferguson for five or six years ; he clerked for me for four months; I have seen nothing to lead me to believe he was any other than a sane man. 11. McCi. Hill, sworn: Have known Ferguson for four years ; have bought goods from me like any one else ; he was a close buyer, he seemed to be careful iu business, I saw nothing to lead me to believe he was insane. J. L. Perrin, sworn : I know Fergnson ; went to school with him at Krskine college : saw a good deal of him ; saw nothing strango about him ; thought he was sane. .Taines Chalmers, sworn : I know Ferguson ; went to school with him in town, saw a good deal or him ; have seen nothing in liis conduct to lead mo to think he was insane. llev. H. C. Fennell, : Lire in this County ; know Ferguson ; have'nt seen tnuc-h of him ; saw him on 2d of last month ; visited him in jail. llev. \V. F. Pearson, sworn : Live at Due West ; am Pastor of Lung Cine ; have known Ferguson for nine years; knew him liuru and at eollege : I have never noticed anything to lead me to think he was insane. Dr. T. .1. Mahry, sworn : Live in this village; am a physician, llnve part of the time b.-en the family physician of Mr. Fergusoo. Have seen a good deal of .lohn. Known him all his life. Never thonghtnnything hut of his being u sane man. Did'nf hear all of the evidence in this case. Kpilepsy w< ak"iis the mind, severe forms ultimately desstroy it. Symptoms are swollen purple appearance of the face, features contorted and foaming at the month and unconsciousness. There are cases on record where these do not appear ; cant walk in an epileptic fit; comatose condition a necessary effect; symptoms of petty m-tl. unconsciousness and staring of the eyes, amounts to nothing until severe forms set in. Usually no premonition in epilepsy : some premonition in fainting and vertigo, ' Cross-examined?Petty tual may effect the. mind after a while ; don't knowthat they fall down in petty mal; a wide difference in visible eHerts. Petty mal might go into gntnl mal. I can't nay a man may be insane and others not know it. l)r. J. L. Pressly. sworn : Am a physician. Did not hear nil the testimony. From testimony I heard it is liant to tell tho exact nature of the disease the defendant is suffering from. 1 should say either syncope, fainting fit or vurtu'u. Not possible to have epilepsy without the symptoms mentioned. The tit deprives them of the voluntary usoof ihu limbs, (leneral effect of epilepsy is lo weaken the mind, produces imbecility or wenkness, depending on the severity and frequency of iht^jtltauks. Cross-examined?There ure a great inanv late books on the nervou* diseases, (H? re the witness was subjected lo a meet acnrchiiigand lung examination, lulling hi* knowledge in various brandies anil which the reporter was unable to tako down. Ke-direct?Kpi I optics are not considered dangerous to tne community. Dr. J. W. Wideuian, sworn: Am phyuician at l>uo West; heard most of the testimony; symptoms indicate fainting fit or vertigo, rather than anything else. In epilepsy it is impossible to conccivo; might walk under a slight *t[Continued on 3d page.] J