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mmm '?m^ 7" ^ '; '" * ' Ferguson's Trial. H5|fc % :''" ;V?;V.-'^.-. ',Never in tho history of Abbeville county has so much interest been manifested in a trial for homicide as has been evinced by, tho public in the second trial of Johh C. Ferguson for the killingof Arthur Iiencdict. Full reports having been made, by the papers, of the last trial, great difiicujty was experienced in securing a jury who had not formed or expressed some opinion on the case. ine prisoner selected ins jury trom ninety-six of his country. The whole of Tuesday and the greater portion of Wednesday was taken up in securing the jury. Nearly every juror that was presented was put upon his voir dire, either by the defendant or by the State. Finally on Wednesday evening the following jury was obtained : A. 0. Grant, foreman; W. II. Powell, Jerry Bacon (colored), T. C. Seal, H. 10. Henderson, Sutnuel Wilson, 11. L. Ciink scales, Kobert \\ . Hester, 1. M. Warren, \V. F. Mngill, J. Strother Graves and J. C. Jennings. The evidence in the case was so tnnch the same as that published at the last trial, that we have abridged it as much as possible, giving only the main points testified to by each witness. The speeches in the case were unusually good, being full of pathos, feeling and zeal on the part of the defendant, and as fair and impartial as possible on the part of the Stato. Never do we remember to have seen a Judge exercise such patience as was done by His Honor, Judge Wallace. Although the case was a very tedious one, occupying four whole days, Judge Wallace never exhibited the least impatience. There were a great many ladies present while the speeches in the case were being delivered, and during the whole trial there were large crowds of anxious hearers present. Mr. A. 0. Grant was made foreman of , the jury. Before the solicitor had put up the lirst witness for the State, Mr. Denet stated that he desired to make a motion for the court to consider. The defend ant had entered a special plea of unsoundness of mind at the time of the homicide, and he contended that bj' this plea the defence assumed the burden ot proof, and under the rules of tli2 court was entitled to open and close, both in the evidence and the argument. This rule . has been established in the civil court, hut it is not so well settled in the sessions court. He quoted ltule 09 of the court and continued: "When the defendant admits the Slate's case he cannot set up witnesses to disprove anything about the killing. The plea of / unsoundness of mind is an affirmative plea, and the defendant assumes the burden of proof. We admit the State's , case and the State is not bound to prove anything, but simply to rebut the plea of unsoundness of mind. What has the jury to decide upon? The one question raised Dy our plea. The nature of the issue must control the opening and reply. Our plea is one of alfirmation that we stand here with the hope ot sustaining. We are the actors and are entitled to open and close. We admit everything that may be proved to sustain the indictment. There is'hut one issue before the court, and we take the burden of proof upon ourselves.*' He hoped the court would grant them the privilege of opening and replying. Judge "Wallace "held that this plea was similar to that of self-defence and other like defences and overruled the motion of Mr. Benet, to which he asked his Honor to note un exeention ??n ?i?? X " * part of the defence. Testimony for the State. WM. O. HILKY testified that he was town marshal, and at the time of the killing near Auerbach's store. He met Benedict running out of the store from behind the counter. He said : "Oh ! he shot me." y Saw John C. Ferguson in the store 7 with a pistol in his hand, who admitted thai he did the shooting. Ferguson asked if he could not give bail. Hammond told him to wait and sec how hftdlv RfinoHipt c.V.,-.*. T ' ^ ,..Vv..w? ??tto onut. i iuunu oui he was dying and took Ferguson to jail. V; Cross-examined : Have seen FerguM > son drunk several times; was pretty J drunk that day. Ho spoke of getting bail on the street, and not in the sheriff's office. Ferguson gave as the / '\ reason why he shot Benedict that the rascal was trying to kill him. He ^ said afterwards that Benedict was tryiny to cut him. f.;: j. s. iiammond: y Was at the time intendant of the town. "*" He saw Ferguson that day go into I v Auerbach's storo. Ferguson applied to V him for bail. Said he wanted to give bail as there would be a wedding at ; ; home that ho wanted to go to. There H was a wedding at Mr. Brook's, Ferguson's fathor-in-law. Cross-examined : Do not remember ':y / of ever seeing him drunk before. Did not think that he drank. EMJAH VANCK, COLORED: . tSaw Ferguson on the day of the shooting leaning against the counter in Auer' bach's store. -w_ .. aatm vunu il frota his back hip pocket. A few minfafej utes after that the shooting took place, tife- Cross-examined : Fergurson said P$;V nothing that he heard, neither did Benedict. |&>.\ HETTIK BELTOU, COLORED: V' WftR in Anerbach's store on December ; 24,1884.. Wont in there to get shoes; I When she asked for the shoes BeneI diet was on the left-hand side of tho m store. He then came out and went on down the right-hand side to the shoe box, which was in the middle of the store between tho counters. Ferguson and Benedict were on the opposite sides of the box. Could not hear what Ferguson said to Benedict, but Benedict said, "What did you say ?'' Tho shooting then took place. LUCY SANDERS, COLORED: "Went to Auerbach's store to get shoes on the 24th of December, 1884. Ferguson was leaning against tho righthand counter when the shooting was done. Benedict was on the'left-hand side of the store. Did not hour either Ferguson or Benedict say anything. When 1 first saw the pistol it was cocked. I was not ten steps otF. RICUAKl) SONDI.KY: Saw Benedict coming out of the store. He asked me to catch him. He had his n tt rl itii Uiu linurf Unl nn/1 him to the hotel. He lived twenty or thirty minutes. Benedict had nothing in his hand. Witness had had a difficulty with Ferguson about a year before the shooting. There was no provocation for the row that ho knew of. Ferguson at the tiino looked natural. He saw nothing wrong with him. We tr> blows. T thought ho foolishly. Pretty hard words passed between us. He struck the first blow. 1 would have hit him first if he had given ine a little more time. D. J. JOKDAX, Saw Benedict and Ferguson on Saturday before the homicide. The shooting was on Monday. Heard words pass between them. Ferguson said to Benedict you are a d d liar," and Bcnepict replied : "You are another." They then separated. Ferguson looked like a man that had been drinking. M. K AM.SKI said that Ferguson came into his store on the day of the homicide and asked for cartridges. IJe culled for thirtytwo or thirty-eight. Told him ho did not have any. Ho then felt in his pocket and said ho had enough to kill a man. This was not more than fifteen minutes before the shooting. Ferguson was drinking. lie talked well and appeared in a good humor. RAMUKI. MII.FOnn. Said that he was seventeen years of age. Was in town the day before Christmas. He saw Ferguson in Rube Haddon's barroom sitting on a box. He saw Ferguson with Stark Martin near Knox's corner. Ferguson asked Martin I to "come on down here if you want to sue ino kill a d il Jew." Martin told him not to do it. Ferguson said what he did in his regular voice. He lokect like a drunken man. lie was not noisy. Witness had never seen him drunk before. Kvidctioe for tlio Dcfcnce. The State closod here, and the defence put up as their first witness, PUOK. J. ft. RILEY, n*Vi A 5 k? n ?v? * V? T>?- ? ~ 1?-1 n UV7 111 a All I UlOiUl UI LIIU I I t'SUVl^riiUlj church but who has been enguged in teaching for some time. Ferguson had boarded with him, and he also taught him at Adger College in 1880. The first tiuie ht noticed jany thing wrong with hi in was in the class room. He turned pale and seemed to be about to fall over. Witness could get no intelligent answer from him. Another time was at the breakfast table at witness's house, when he was aifectod in the same way. He turned pale. Witness asked him about ihe matter and he snid that he had frequently had similiar attacks before. He frequently came to be excused from recitations on account of his mind. Cross-examination : Ho said he had those feelings though he did not always get down. He had strange sensations ubout the head. He was punctual at school and made considerable progress. He was ordinarily diligent. Have had boys to make excuses, but they were not of the same kind as Ferguson's. The motions of his body were the same as if he had fainted. Noticed nothing but a peculiar paleness. Did not know what he was suffering from. Knew it was some disease of the head. Did not say on former trial that it was vertigo. Saw no indications of weakness of mind except at those two times. When he had those attacks water was put on him. Saw him after class adjourned and he was about us usual. 'I'ho nlfimVr ?t llio toViln ?.?* >? .<> vere as the other one. Never noticed any mental weakness. MANTUA WHAU'fON, COI.ORK1), Used to nurse Ferguson when he was a bahy. He was more than a year old when she began to-, nurse him. She nursed him about five years. He was given to .those spells. He would full in the yard, and she would have to carry him in the house and rub him to bring him to life. When he gut l?rge enough he would put his hands to his head and complain. She was 7 or 8 years old when she began to nurso him. She c?in remember right smart about his spells. He would complain a day or two before he would have one of theso spoils. He never complained of thorn after they were over. He always camplained before hn lind thpm Wn niKKad with camphor a'nd things. Ho would lay still like ho was dead, perfectly quiet, still and motionless. MRS. A. . FERGUSON, Is no kin to the defendant. She knew him in 1870. He went to school to her. He wag about ten years of age then. He was with her two sessions of five months each. The first time she noticed anything wrong with him was when he was reciting a lesson. She gave him a word to spell. Ho said nothing. She saw that he was very pale. He fell to the floor. She sent for his father, He had other speils. She can remember three. Ho was quiet when he had these spells. A little water and camphor would revive hiin. DR. OEOROE JI. WAI>DKI.L, . Testified that epilepsy was classed among the nervous diseases. It has va-, rious symptons. The sy^ptons are V' .'"1"^"^ ' v> ' i. /> ri v'? ? > * ' characteristic. Tho principal ones are grand tnal and petit mai; grand nml is the severest form of epilepsy, during an attack of which the patient falls down. Potit mal is the mildest form, commencing with fainting. There is a distinct lino between the two forms, yet they are recognized as the same affections. In cases of this kind it is usual I'orJj doctors^ to inquire into tho hereditary taint in the blood. Where a person had a sister, uncle or other kin who died with attacks that looked like epilepsy, it would aid in tracing the disease. In grand tnal tho patient is seized suddenly ; he becomes pale and falls to the ground. Every muscle becomes as rigid as a board ; especially in this case with the muscles of the throat, rendering it diflicult for the air to pass into the lungs. Then come clonic spasms, succeeded by lethargy. After the spasms the blood becomes black and the face purple. After recovery the patient is apt to become moodv and mnrnsc A after a paroxysm a person may not be himself. Petit mul is harder to describe, as there are so many degrees of it. A person may be talking and suddenly he would ci*ase speaking, and after a short time would go on as if nothing hud happened, and if accused of it would den}' it. Swimming in the hond is fainting in its incipioncy. There is such a thing as epileptic vertigo. Vertigo is no disease. It depends upon something that immediately preceedos it, like derangement of the stomach. Epilepsy is recognized as a disease. Paleness of the face does not necessarily go along with vertigo. Vertigo accompanied with pallor and unconsciousness would be pronounced epilepsy. A person has no premonition of vertigo. A person seized with grand nuil is harmless, certainly, during the attack. The mind of an epileptic, in neither grand or petit nial, is free between the attacks. If it was there ; would he no inoro attacks. The disease is supposed to be in the brain. That is a matter of opinion, though. Persons suffering from epilepsy are possibly liable to act under delusion or illusion. The mind may verge on insanity in epilepsy, l'ersons suffering frnm nnilnn?v ni*t h ....... ..-JV ....... ...V.. liberation ami without mental aid. but they remember nothing, even in crime, after the attack is orer. A tendency to homicide and suicide are not the general features of the disease. The disease sometimes manifests itself in deeds of violence. Petit mal predisposes most to acts of violence. Gross-examined : A great deal of his information was derived by witness from books. There are theories in the books that we cannot adopt' In a practice ot twenty-five years had only met with one case of petit mal, and did not recognize that at llrst. Petit inal was not common in his practice. Koaming at the mouth was another syuiplnn of grand mal. Never saw a case of petit mal make a patient violent afterwards. Willi vertigo one might or might not have pallor. Pallor is a sign of epilepsy. Vertigo is a temporary unconsciousness. Persons with vertigo would fall, become nale imd nmron scions. The efleet of pettit mnl upon the brain is more or less unconsciousness. It is very uncertain whether a person suffering with grand or petti tnal could conceive or perforin any independent action. A person subject to epilepsy for a number of vuurs would show it. He would look stupid and beefy, and his expression would be heavy. MUS. SUSAN FEUGUSOX, The mother of the defendant, corroberated the statement of Martha Wharton as to the fits that Ferguson hod when he was a baby, but she recollected little or nothing about the attacks. She never sent for a doctor when he had the attacks. She also testified to other members of her family having siieiliar attacks, especially as to Lizzie, who would foam at the mouth and turn Klnpl; in thn fu/?u T.i?/??U trno ??>. then and she died when she was 33. The rest of her testimony was the same as that given on the previous trial. A. J. FKUOUHON, The father of the defendant, sustained the testimony of Martha Wharton, lie testified to a number of attacks that he had seen John have, hot he knew very little personally of his drinking, although he knew that he had been drinking very hard for at least two or three months. He tried to keep .John awny from town the day before the shooting, as he condsidered him er:?zy. Did not kilow he was drinking, but saw the indications. Never tried to get the pistol away from him. Did not try to keep hiin awuy from town the day be I Tore the killing to keep him from got[ ting whiskey. He was drinking, and i lots of'it, when he came from Ninety. 1 Six. The rest of his testimony was tho same as on the former trial. l.OUIS DKLCllttit, COI.OKKO : Was ploughing corn with Furguson about two years ago. When Ferguson got to the end of the road ho fell down and said : "Oh ! my head; oh ! my head." IIo did not lie down. rn t? 1 x win i??rrv, coioruu : was the m:in that Ferguson collared and triedv to kill with an axe. Ferguson said nothing. Mrs. Ferguson came out and caught hold of John and he let him go then. Fergu-1 son never got the axe in his hands; Joseph B. Ferguson : Is a brother to j ?1. _ 1 . -S * * me ueienaani. we were in the woods, he said, putting a log on tho wagon and John staggered and fell and complained of his head. 'He saw tho Tom Berry affair in the yard, and he was the one that John requested to hand him the axe to kill that nigger. Ho testified to other attacks and to John's drinking heavily at various times. Heard him say he was going to kill himself, and he went in the bouse and got his pistol. Thomas F. Ferguson, also a brother of the defendant, testified to tho sumo fats as did Joseph B. Ferguson. Mrs. Mury Kennedy, a sinter of John Ferguson's mother, testified that wiu-n ho was at her houso he talked, looked and acted strangely. The remainder of her ; ' y-y ; / i; 7 . testimony was the same as on the former trial. Mrs. W. H. Brooks : Is the mother of John C. Ferguson's wife. Sho was not examined on the former trial. She noticed he was drinking for six months before the shooting. She never saw him put the bottle to his mouth, but she knew he was drinking. On Wednesday before the homicide he was drinking bad. Was at his house often, from the empty bottles and jugs and the way he acted, she knew he was drinking. Her daughter and the baby went home with him Tuesday and the next morning he brought them back to her house. John Frith : Lived with Ferguson about a month before the killing took -.1 \\r 1? :? [iuiui:. \.mi u vuiicnimj' iiiuriiii:^ r urgnson looked like ho was affected. John had been drinking heavy. lie sometimes bought whiskey lor .John, nit. f. r. oaky : Hoard the examination of ])r. Wnddell. The doctrine laid down by Dr. Waddoll agreed with his experience and , knowledge of such matters. Marion Fair, colored : Saw Ferguson very drunk on one occasion. Mrs. Carrie Hichov testified as to the mental condition of her stepfather, who wns an uncle of Ferguson. This testimony was the same as on the former trial. j liurt J'illifs, colored : Worked with Ferguson Inst year, and the reason he j left iiiin four mouths before Christmas | was because Ferguson was drinking so bad and besides he had tried to shoot hiin.Fvery time he came to town he would drink. Richard Jackson, colored : Saw Ferguson the da}' before he killed Benedict. Knew he had been drinking then, because he smelt it on him. John Cheatham : Had seen Ferguson take drinks, and several times he sent to town for whiskey b}' him, Thinks he drank a good deal last year, James Smith : Met Ferguson in the load in 1881. lie went to put his hand on his hurst's neck, but missed and fell. He was on horseback and so was Ferguson. Ferguson was not drunk. Saw no reason for his falling oil'. Denies that he told J. F. Livingston that nothing was the matter with Ferguson, but that he was drunk. DAVID H. IIADDON : Clerk in a barroom hero last yenr, Ferguson drank there frequently, and he took big drinks and a good many oi them. When he would' come in from home in the morning he would take two barroom glasses at a time. This was in November and December, 1884. and January and February, 1885. Saw him 011 the morning of the homicide. lit did not attract 1113' attention. Looked like I10 had been drinking before he came there. is. D. haddon: Last year before Christmas Ferguson would come to the bar two or three tinins 11 uwi'k mill Knv IVrviii ?? i.i ""J .. 4-...v a half gallon. Drank more in the fall than during Ihe rest of the year. Press Cheatham : Knows that Ferguson drnnk a good deal last year. Sometimes looked like he would drink nearly half a pint at a drink. He is my brother-in-law. Thomas C. Christian Helps his father in the barroom, Sfw Forguson in the barroom in the fall once or twice a week. II. L. Williams : Saw Ferguson on day ??f killing. Witness called him a drunk man on that ' . He hail seer him when he did no think he had quite as much whiskey in him as at other times. The defence closed hero and the State put up in reply nilm I.. T? I - 1UC CIIUIC 1U l)lt. T. J. MABKY, who testified that ho had practiced forty or forty-five years. Practiced in the family of A. J. Ferguson for fifteen years, and has known .John C. Ferguson all this time and longer. Has nevei treated Ferguson for epilepsy, or any disease of that kind. The symptoms ol epilepsy are falling down, spasms, convulsions, which last from a few minutes to an hour. In petit mal the limb* are not still. There are general convulsions, of the whole body. It is said that persons have premonitory symptoms. Sometimes there are pains in the head. Can't say that the patient would be aware <?f it. The effect of epilepsy is to destroy the mind. It tends tc lunacy. The books say it tends to violence. but he has never seen it. Hi1 recognizes no form of epilepsj' without unconsciousness. A person suffiM'ing from petit mal is unconscious. Continued epilepsy would create an idiotic expression; but he has seen cases where theie was no perceptible difference. When a person has had petit mal from the age of one year old up to manhood it would make * di/ference. Petit mal causes a cessation of occupation for n little while. Has seen Ferguson in an irrational state caused by whiskey. This was only one time. dr. J. w. widkman: lias linen nrartif.inn' fV?r fwnlwrt , r> There is no epilepsy without unconsciousness. It amy last for a moment only or for some time. If a person hid anything in his hand at the time the lit came on he would either grasp it tighter and hold it in the same position or drop it* A person would not know what was going on during the attack. A person in one of these fits cannot conceive or perform. The rest of his testimony was about the same as that given on ?he previous trial and he corroborated the position as taken by Dr. T. J. Mabry. Dr. J. L. Pressley : Huh practiced thirty-four years. Anion}? other S3'inptonis, he stated that there was a distressed and unnatural cry when a portion was attacked with epilepsy. The witness gave in subwtance the same testimony as Drs. Mabry and Widemnn. UN. I/. T. IfJT.T, ' I - iii< ) ?>.</ of o,on.vc.;ovi:h4s ; is f. ueues?:ir,v syittpiu.u ot epilepsy, ilii* person suffering from epilepsy would not be aware of what had happened dur* 9 ing the fit. He corroborated the other doctors examined by tin; State. Jones F. Miller, merchant: lias known Ferguson ten j'ears. lie traded at his store. He managed his business like any other man and was a close buyer. Never saw anything wrong with him. Never hoard anything about the epilepsy till the trial. \V. T. McDonald : Has known 1'Vrguson for a number of years, lie never heard anything a hot: t the epilepsy till the first trial. He bought like other people, li. II. Hill : lias known Ferguson eight or ten years. Never heard of this epilepsy till the first trial. He hough* like other people. lames Chalmers, Jr.: Has known Ferguson six years. Went, to school with him. Never saw anything Strang* about him. lit; wits u fjiir srlinhsr Suw him only once under the influence ?>! whiskey. Robert M. I!il! : Has known Forgnson for yours. Has don 11 with him lie hought with good judgmelit am managed like any one else. Novel hoard of epilepsy until after the shoot in jr. Never saw him drunk. T. Ij. Douglass : Never saw anything strange in his conduct. Heard of epi lepsy at the first case. J. L. Perrin, S. (i. Thompson and W II. Smith testified that they ha< known Ferguson for some time, bul knew nothing strange about him. The testimony hen? closed, and Courl Jndjournod until Friday morning, nr ranging in tho meantime that cacli sid< should have four hours in which t< make their argument to tho jury. Tlie Arguments. Speech of Gen. E. W. Moise. The State lias established all the facts which are necessary to uiake good the churgi ' as laid in the indictment. This is not denie< : by the prisoner or his counsel. Hut as a mat tcr of defense it is claimed that the prisuuei was not guilty of nTurder, because ot an un sound condition of mind, supposed to exist a I the time when the killing was consummated With a view to establish this condition, it i, I attempted to show that the prisoner from ai early ape was liable to occasional attacks o some character of sickncss which the defons claims were in the nature of epilcpstoid seiz iirou nr fnili) oHnnL'o ?\I" f hof . , ...o... ....... ... c|iii..|is which is known ns petit mal. The defense ha: failed t?? make lcpal proof of this disease, ni matter how mild in its nature at any time ' The most it has accomplished in that line ha been the production of evidence going: to sliov that in the early stage of the prisoner's life ! to wit: From one to five years of age th ( prisoner had been subject to certain spells o some character of sickness very temporary ii 1 its nature and of so mild a type that nieriica I skill lnftl never been invoked with a view t< i suppress it. In these infantile spells tin , patient is said to have exhibited pallor and t< nave lost consciousness for some very shor ' period, but there is no evidence clearly estab 1 lishinpr the supposition that such attacks wen of epilepsy in any form. The pallor which i iciivu upon, in not rcgurueu u\ me uuinoritj which the defense place its most utmost confi donee in as an infallible sign of epilepsy ii unv form. Sec Hamilton on medical Juris i prudence, page 241, nor was there any othe > conclusive evidence that these spells, as the] are spoken of were epileptic in their nature. In order that the accused could succeed ii establishing the defence interposed in thii case it is necessary they should prove aflirma lively that at time the crime was committee the prisoner was not of sound mind, and this cannot be done by showing a certain conditioi of facts from which un hypothesis might b< formed that he might have been of unsoum mind at such time ; nor even that he ntigh reasonably be supposed to have been affectei bv disease previously existing. The burdei 1 of proof is upon them to show not that In probably was, but in point of fact, that he re i ally was imbecile or ot unsound mind at tin particular time when the offense was commit j ted. The next stej> in the chain which the defense * has sought to torge in tins case is that durin| the school days of the prisoner he had bcei seen on one or two occasions to exhibit symp toins which might have indicated disease o ! some character, or fainting spells, at least, bu in 110 case has it been shown or even attempt ed to be shown that any medical man hai been called in, ami had expressed the opinioi that. that the orisoner had at hiiv time in 1>5 life labored or suffered under the diseus [ known us epilepsy in any form, that it i not proven by any competent testimony thu the prisoner at the bar ever was an epilepti at any period of his life, but 011 the contrnn it appears that both his parents are now livinj and neither of them are tainted with such djs ease. That he himself is before the Com* . and does not present the appearance of on who has suffered therefrom. His father'; family physician has been examined, and in states that he never heard until this trial tha . the prisoner was affected, in that manner. I is said however that he had a sister who ha< ' suffered somewhat in tier youth from siinila > disease but it is a well recognized doctrine tha disease does not descend from sister to breth ? er. Nor is there the slightest proof that tin sister ever had an attack of eplepsy in an; shape, or bad ever been trente*' therefor. 1 is alleged that *he had been given verutrun > in solution, but it has not been shown tha this medicine is peculiarly adopted to epilep , tic cases. On the contrary it appears tha the evidence that is used in that larire class of ailments which are known as diseases o the nerves. It is said lie threatened to commit suicidt . when reprached with his selfish indulgence ardof neglect of duty to those dependent 01 him. His father says that on that, night In remained in the same room with him. II( says the hoy wan restless. Could not sleep and to use his own words, appeared to b? [>luui crazy. Well, if it he true that he hat >oen upon a deb'anch, that he was getting so her, his condition of mind might naturaili have been excited?too much so for sleep, am if to this he added the reproaches of a con science awakened then to a sense of the follj and sin of the course he was pursuing, his de< ineanor migrhf naturally have been such as t( alarm the father's heart. If ho had put 21 thief into his mouth to steal away his oraic he might well be regarded as irratioual, even if thai father to aid his son in his dire extremity may have painted (his scene in a lighl rendered .sombre bv his woes, the record me angel would with a tear obliterate all the traces of that father's sin, even if he had yielded to nature's voice, auo sought to shield bit first-born by an exageration of the facts. It seems that, the father did not wish him tr come to Abbeville on the following day, made arrangements whereby his wife could attend a wedding at her father's whilst he, the prisoner, could remain at his lather's house, away from the temptations of the town, but the young man wua not resolute enough to carrv out his arrangement. The thirst of dissipation was upon him. He came to town, left his wife and child at her father's and at once begun to inflame himself with poisoned alcohol Having by this menus drowned all compunctions of'conscience ho sets to work delib erately to carry out tlio purpose entertained In his'hourt. of .^hiviuc the man with whom bo had qisarre'.led a|IVw oaV:-, bai .. W.i-if. i ! ;us to I' t. jiliu1-1 ct* but.iui.ft.-' ol ?i>.. ,-c?>i*ed ? >ii-! h.; so tir-rc tY,,'/ Why ivurr I r i u. " Why ihs;? f>;tin! it, tV. ,>no p4k'kyt io .1 rivii'.i convftuii-sit ?v.(> 7 Why wr.it p.triuitMv until his victim approached ? If those acts were dono in a state of somnambulism, 01 when the mental powers were suspended, sc ry??n iiBw.'u-ctn swvrst xmvszaamm that he was unconscious of what lie was- doing hmv doos it happen that alter firing the fatal shot, he realize*! thai what lie had done was wrong and needed excuse ? How was it that ho eon Id frame excuses three in number, e.ther one of v. would have been a defense to him if true'.' iloxv was it that lie changed them i?s in V.ilitv of maintaining them 1 appeared ? i" lie were nnsoniid of mind or epileptie, an.I these facts were known to his family wliv was it not then announced to-, the Imrror-strickoii j;eople id' Abbeville that such was his condition Why were not physicians callid to examine him then and ? Flow was it lliat his unnatural appearance did not manifest i'self to the Marshal and Intcmlant with whom he conversed? How was it that lie could so well remember the necessity for giving .vcurity for his appearance and otter bail? Why was it that llio.tu symptoms did not manifest themselves when lie was being taken to jailWhat were those words which he spoke I t.? his victim before taking his life? No one I l:ut he could tell, and lie liaa chosen to stand i mute. it would seem from what has j been said that the defense lias tailed to establish the facts upon which their !* theory rests, and were this all against which the prosecution had to contend it would seem that there would hi! no <l<nil>t ?i.S-? diet, but there is silence more eloquent than speech, unci there ure voices which are heard I though they speak not. llenedict is dead, and i- the prisoner lives. Human sympathy naturally tends to the living as ay;ainsi the dead. The stricken parents of the prisoner, his young wife and younger children, appeal to C this jury for the;r sympathy, and it is given . in no measured degree. All of ui> must feel for them, and it' this were the place, and this were the time for the exhibition of such feel* itip, none would commend il more than me. 1 The misfortune of these people does not arisu t front the posit ion which t lie prisoner now holds at the bar. Their trouble cannot be relieved by anything that you can do. It is not t the jeopardy of the prisoner which atllicts their hearts or his. ft. is his guilt. That / consciousness of the great wrong which he i has committed burns into his mini ami tlmir* } If tliL-ru is ? blot upon the escucthcou of South Carolina M)is day, it is, that lawlessness pervades over the laud. If there is a blemish on her fair fame, it is thai the laws of the laud are not fearlessly enfoieod by the juries. We do not ask you to tiixl an innocent man guilty for any such reasons as these, hut we do ask that you do that which your conscience demand. We ask you to say on your oaths whether the prisoner is guilty ot tbu ' , charge or not guilty, and blinding yourselves j i to all outward considerations, wo call upon _ j you now to write such a verdict in this case r I as will make the law hereafter what it should i be, a terror to all evil-doers. It is not veuk 1 geauce that we seek. The State docs not 1 crave the blood of anv of her children. It is i ?lw. i ^ , v..?. >?muu it> lu'cuvu. unless you llo , your'diitv hcre^next week may have its tale of e blood to record in your county. It' you turn e this prisoner loose you >rive him u carto ' blanche to slay whom hu chooses. Your verdiet will have established a fact that he is not j responsible to the law. Yet you will give him perfect freedom to walk your streets, to carry deadly weapons, to take any life or de^ ! strov any propertv without the fear of consev I quetices. Are you prepared to do this'-' If ! so , the future historian of your country will ^ write that liberty in your land wai sacrificed f to license and freedom, driven from her udopt[, : ed home by the uncurbed passions of your 1 rising generntion. . < H Si?eecli of L. W. Smith, Esq. :? After addressing himself to the Court as to ' , the law applicable to the defendant's caae, Mr. p ! Smith spoke to the jury itx substance as t'ols 1 lows : f i Gentlemen of the Jury : - ! Notwithstanding the great diffidence I feel i ! in raising my feeble voice in a case of such - i magnitude and importance, still I am glad to r I bo here, not glad that poor John Ferguson j , should by a seeming rash act have involved ! his family and himself in so much trouble and i j woe, but glad to do my little part in aiding tlio s ! defense of one so oppressed and so deserted, . I in a ease which not only involves his lile, but 1 ' uttects the lives and liberties of rts all. Ilia * cause is my cause?Our cause is yours, and i I yours involves nothing loss than the liberty i? | and happiness of every citizen of t It its grand i : old County. Not only gentlemen do you pass t j upon the uoleinu issue, whether John *0. Ferl j guson is guilty of murder, but your deliberai | lions have a still higher and nobler aim, you i! are to prove to this State and County alter all - that has been said iti this case, wncther a man cau receive a fair and impartial hearing at the - hands of a jury of his e?untryuMru and peers 'I Can you listeu alone to the evidence heard 5 upon that stand and apply the law as ex5 pounded by his Honor, or do the solemn facts i told here by reliable witnesses, conic to j-our - ears under the heightened pressure of a mi?f taken public zeal V Is John Ferguson to b*i t convicted as matter of public expedience, or - is he to enjoy the great and uoble protection 1 the law allows, and receive from you an unii biased and impartial verdictV If such then is s the issue, truly is his cause ours and wo i should see to it that lie be allowed all the bens elits and urivileires the law in it. t dom allows. e Tliis gentlemen, yon no doubt have resolved >- to do when taking the until as a juror, but no X matter how pure and just your intentions you - may bo unwittingly led astray. t An horrible and revolting homicide has ij been committed. AVe admit all the gentlemen s may say on this point; it may have few equals L* in t he anuals of crime, but if you allow any t other considerations to enter your minds than I the facts in this case, you will be committing i a more horrible, more cruel and more deliberr ate murder than any I can paint; and while t you may not answer at this bar for the same, - still there is another tribunal where 110secrets e are id, before which you must appear, and r Ond gi'unt you may acquit yourselves well. t (Mr. Smith here commented 011 the nuiner1 ous array of attorneys for the State as nnt precedented. and inquired into the reason of - this diirre:4sion. After uxhortiuir tl??? inn* ??? ? ^ p J-" J ' t brace themselves against the eloquence of n s State's counsels unci tho power of the press, f he continued): All we ask is for you to give us an impartial i hearing. As God is my witness we are sin, cere in our defense, and while the defense of i unsoundness of mind is always viewed with a i suspicious eye by the public, you have no ali ternative but. to listen to it,and the gravity of , this case should admonish you to be patient, ; that you may hear. 1 We do not contend that John Ferguson qver - way or is even now a lunatic or iiisaue being, but that at the time of the homicide his mind 1 was so diseased by epilqpsy, rendered more violent in its destructive force by long-conf tinned and habitual drinkihe. that."hi? r?nurtn - wus dethroned and John was unconscious and > therefore irresponsible of the crime lie was i committing. Epilepsy and alcoholism are i either sufficient to dethrone the reason and i render mind unsonnd. How long do you sup pose one's mind can last if both these loatht some diseases operate at once? ; (The speaker then entered into a discussion of epilepsy?its divisions, symptoms, predisposing causes, Ac.) i The only source of accurate information wo have is from the medical bot.Ks on t his suh> ject. No doctor who has testified on the stand. * Willi ins practice confined to an area of ten 1 miles square in some country district, will f retond to have had the experience and pracice of one of the many authors wc present to ? you this morning through their works. Our ' tloctors, for whose intelligence I have the highest regard, may do very well in cases of i ordinary sickness; but when you come to nervous diseases?a hraueh of the mcdici.l science upon which, Dr. Waddell says, notwithstanding the great strides which have lately been made, the. medical profesfion is onlv on the threshold of ir'Vh unci certainty? for'my pat; mu the opinion and practice ol .i man of uxporieucii. Th" State, we judge, l will suv Vx.t iueo n*>n ; of the i< ciors who testi' ::t:J could givo ar. tht iv exrerionee cases like Joikj'k, thou there is n') .suoii thing bs epilepsy i in inilu t un l John i.s not subjcct to the disease in any shape or form. i f'Mr. Smith then reviewed at length the ' evidence of the case, and continued): > Now, gentlemen, you are to dtcide what ' ' ' ' ' f&, i