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a train I b?*ecch you to nhlure your prejudice* If any you have entertained. In thcl.miua^e once uddressed from Heaven to the Hebrew prophet: "Put oft' your shoes, for the ground on which you stand Is holy." I will now proceed to state the nature of the charge on which you arc to decide,uiid the defence which we opposed thereto; then examine theevidencc to ascertain the facts. The j rlkoners at the bar stand Indicted for the willful and deliberate murdcrof a fellow creature. which by the laws of all countries and the ordinances of every nation, barbarous or civilized, has this recorded princip'c, that "whoever shall shed man's blood, by man siiali hU Llood be shed." Ills necessary for the Jury to carry In their minds that, though It Is found ncce-'sary to remove the wilful and deliberate murderer from theface of the earth, yet every man who lifts his hand against Ills fellow man, even thoujrh life should be termlnatetl by the blow, Is uot called murderer by the law. nor does the la w consider him as1 Mich. To bring a man within ino meaning or I lie law, li must be the cool andld"libcrate ink-i lng away Che life of a fellow creature, attended ! by such circumstances as lake away Inun the j murderer all plea of self-dcfcn.se. When a man I* assailed by a person of violent character, and who h.m in hi* hands an instrument with which he could produce instant death, mu?t the party a->salle<l stand unmoved like Mount Allan, "When storms and tempest thunder on his brow. And oceans break their billows at his feet?" No, gentlemen of th.? Jury, he may strike In his defense. and strike to the death; when Ood gave life to inan he Imposed lias a duty' up >n him to protect that life he Intrusted him j with, uutil it was the will of lllm that gave It! to take It away. The defense which we oppose to the charge Is simply this, that the killing was necessary I In self-defense, or, in other words, that thej defendant was in such imminent danger of, being killed,or Kufferlngother enormous l>odl-! ly harm, that he had no reasonable prospect j of escaping but by killing the assailant. Let { 1 us now recur to the evidence and see It thistle- [ fen.se be not clearly established. [Mr. Mnglli here went Into an examination of the evidence, after which he concludcd us' follows:] of the Jury. It would but Insult j you to offer an apology fordetaldlnir you thus | Jong: inhere Is an apology to make to any penwni it l?to the prisoners at tliebnr for ilelaying tlielr acijultui, nnil to those sweet lit t le KlrU and that affectionate, fuittiful wife, who I wait at tho bar of this court lor the release of. their beloved father midaffectionate husband. | For the verdict of acquittal which you shall; render, may you receive a more lasting re-i ward than the perishable crown we rejid oft which the ancients placed on the brow of him who saved In battle the life of a fcllow-cltlzeu. Argument of E. G, Grnydon, Esq. J/ajv U PUwteyour Honor: In aM criminal cases, and especially In trials for homicide, so intimately connected are propositions of luw with questions 01 invi, mm. > . ? .... . possible Intelligently to argue the one to a jury without adverting to some extent to thel other. 1 Nhull therefore submIt to your Hon-] or. before proceeding with my argument to I the Jury upon the facts of ttilK case, a few j proposition*) of law to which I desire the assent of the Court. if found correct, in order that If I shall And it uecessary in my remark* : to the Jury to touch upon questions of law, I luay do no advisedly and with the sanction of the Court. I deem It unnecessary to repeat the well-known definitions of murder, man- j (daughter and excusable homicide. 1 suppose they are quite familiar to almost every man 1 within the sound of my voice. The propositions of Irw to which I wish to invite j'our < Honor s attention, are these: 1. That the Jury cannot decide in a trial for , homicide whether the defendant was really j i In danger or not. l'he only question for them ; < to decide U, Did the defendant really think he I' was in danger? Whs the danger apparent ' i and imminent to him, looking at It from his < standpoint? I< 2. That Hie right of self-defenco continues as [ I long as the danger is apparent to the detend- j 1 ant. I? 3. That the burden of proof rests upon theI I Btate throughout to establish every material 11 feci alleged In the the Indictment. J < 4. Tnat before the Jury can convict they 11 must be satisned that the evidence excludes U to a moral certainty, beyond any reasonable j ( doubt, every other hypothesis but the guilt of t the accused. i 5. That moral certainty is a ccrwimj umv,B convince* and directs the understanding and ' c aiiNfles tbe reason and Judgment of th<x?e h who ar? bound to act conscientious v upon It. t tt. That whenever the Jury stop Ionic ouou<h t to aak themselves the question, IK> we not f nood a little more evidence? What 1* known ? in law as "reasonable doubt," arises, and tbe \ Jury cannot convict. I 7. That the chain of evidence in to be meat- 1 uri d by iu weakest link, and that whenever u there is reasonable doubt as t<? any material ? fact alleged in the Indictment, the Jury can- t uot convict. a 8. That when the facta and circumstances ] accompanying a homicide are given in evj- ? dence, there Is no presumption of malice t from tbe mere fact of killing, but the Issue is t to be decided by lliejury upon the evidence. 1 9. That the indictment alleges that the two } shotskilled the deceased, and therefore the t killing c.in not be referred to either one of t them, but must be referred to both of thorn r combined. t With these remarks to your Honor I (.hall i now proceed with my argument tothejurv. t * A ?I,.il.'ro. t UriUtrmm oj mc .* . ?pon*lblllty rest* upon an attorney who un- 1 dertakes the defence of inirsons charged with v crime, and especially with the horrlb e crime ! f of murder. Never have I felt the weight ofie that resj>on?lt)lllty press no heuvlly upon me 1 a ?aldo utthU momcut, for 1 have never in It my raiher limited professional experience c l>cen engaged 111 eo important a ca*<?. Indeed u a more important ca*e could never come up|a before a court and Jury for a decision than i thl?. llere arc two well-conuected. respect- t able, Intelligent gentlemen charged with cj wilfully and deliberately murdering uiwrenee v K UutQu on the?7lh of September last. In r view of the gravity of the ca.sc I do not deem 1 It neceuary to apologize to you if I shall have 1 to dwell somewhat at length upon It. I vyUJ c promise you, however, to take up no more of \ your time than ;the importance of the ca*eil and the many fact* In it demand, for it hn.sjt been already protracted far beyond the limits r of ordluary trials even for homlcldo. Gentle- f jnen of the Jury, it is necessary to an IntellU r gout consideration of any case that It should >t t'e reduced to a few pimple and clearly defln- I fd lssue?. In every trial lor homicide three j questions only can arise : I.?lias a homicide t been committed? 2?Did the prisoner* at t the bar. or either of them do It? 3.?What In 0 the nature, the degree of the ofTeacc ? Is It I ?u<*h at muil Incur tho penalties ot the I<tw ? ( In this ease, us in most ca<es of homlcldc. oil- I ly one of these issue* is before you for decls- t ion. It is undoubtedly true that Lawrence I\ c Gu(Tin whs killed on the 27th of September, s It Is uo less true that he came to hisdeaih by I a pistol in the hand* of Charles A. McClung. j The only question, then, for your con*idt>rn- r tlon is. What was the nature of the killing? r was it sush an offence as subject** the defend- r ants, or cither of them, to the penalties of the I law, or was the killing done In self-defence? I shall endeavor to satisfy your mluds that <! this Is a clear case of excusable homicide, t It 1* the more usual way to take up the side t - of the State and review Its testimony and then t , take up the aide of the defence. I prefer in t this case to take the reverse order and show frAiiorHi nf tho itafpno<? 11 non each point aud tuen the weakness of the cue made out by the State on eaeh. The State rests Its case and asks you for a verdict of murder upon the following grounds: The fact that Opt. McClung and Mr. Martin both came to town on thut day; that Mr. Martin borrowed the pistol; that Mr. Guffln aud Mr. Martlu h*d u difficulty on that day: that Mr. Martin delivered the pistol to Capt. McClung shortly before the kltliug; the manner of the killing; the fact that Mr. Martin's bu^gy was in front of the billiard room: aud the fact that Capt. McClung t;ot In It and endeavored to et-cape. Cupt. McClung and Mr. Martin have both fully accounted for their prenencc on that day. Capt. McClung tartod from his his home that day to come to the house of his inolher-in-law, Mrs. Miller, who lives a mile and three quarters from the town. On Uls way there he met one of his tenants, who visited him to come to town and net him some medicine. He accordingly came to Mrs. Miller's: rot there at eleven o'clock; stayed thereuntil twelve; and tlieu, leaving his mute there, walked down to the village to get the mcdicine. In the mean" ? M??in hail Ipll tinmp ourlv In i tbe morning; to bring Mrs. Martin to hor < mother's, and Dad arrived here about nine | o'clock. Neither one of them had Keen the , other foraever.il days, and neither of them j knew that the other had any Idea of coming | liere that day. Can there be any doubt about ( those fact*? There c.anot be and there is no | evidence to the contrary offered by the State. I shall therefore proceed with the next point. , There Is no question that Mr. Martin bor- , rowed the pistol aud that he borrowed it lor , *n unlawful purpose, Having been Insulted , by au Impudent negro. he b^-aine enraged , and got the pistol f have it out with him. After thlnkfngaboutlt heevidently abandoned his purpose.for he made no further attempt to avenge his real or fancied injuries,.but abandoned his Intention. Mr. Martin deiilex the statement that he had a difficulty with Mr. Guffln on that dny. Hestysthey had a talk ou thut day, but they were talking about a family luatter of Mr. Guffln's and that they tor?r? t>/?? 'otoll man with each ofhrtr. The Htnte prove* by two negro witnesses that Mr. Gufflu knocked Mr. Martin's hat off. Now I <] > not believe that the bat was knockrd off, but even allowing It was. In It not ahown tlia. were good friends afterwards and : that they took several drinks together at i ?ach other's expense? Besides would not' CapU McClung have been a very accommodating man to kill Mr. Gurtln lu*t b-cause Mr. Martin had adlffloulty with him. Gentlemen of thejury, that 1* too al>u*?d a proposition to need either ref utatlon or argument. Now an to the delivery of the pistol. Cupt. McClungand Mr. Martin tell you they went out to the livery stable to take ft drink. Mr. Martin stooped down to get tho flask of whiskey from under the trough and the pistol dropped out of his packet. Cunt. McClung picked It up and Mr. Martin tried to get him (ogive It back, but he refused, telling him! that ho might get Into a dltllculty. They then walked out of the lot, and meeting Gufflu, \ they started to the saloon to pluy the game of j billiards which had been agreed upon some time before. On their way they went through Norwood Brothers store, Mr. Guffln In front Opt. McClung next and Mr. Martin behind. When they got in front of thedoor Cupt. McClung said to Mr. Martin, "oome you owe me 11 dollar still, I paid you a dollar loo much today." Mr. Martin did not think so at first, but finally agreed to it and handed him the money, a half and two quarters in silver. Cupt McClung took the money, pulled the pistol out of his right pantaloons pocket with Tils right hand, put It In his left hand, put the money In the same pocket, and was Just about to put the pistol back when Mr. Martin caught hold of his rlgnt hatid and tried to take It from him. CapU McClungagain refus ed to let him have it, because Mr. Martin had in the mean time taken another drink, and there was a better reason for keeping It from him then than before. Butwhydldhe not put the money in his left pocket? He shows you that It had a hole in it, and he has accounted to you satisfactorily for every cent of that monoy, and has thus confirmed his statement In every particular. ' Mr. Wilson and Murbnch tell you they saw Mr. Martin deliver the pistol to CapU McClung in front of the store, but does not the statements of the defendants show they were mistaken T And even allowing they were hot,Is it likely that Mr. Martin would have delivered the pistol to Cupt. McClung at such a time and place lor such a purpose? Do men go out on the streets and highways and announce to the public that they are abouttocommlt murder? Would It not have be*n more natural for Mr. Martin to deliver the pistol toi 'apt. McClung In secret where be thought no eye could ?ee him? Now ns to the fact that the buggy was In front of the billiard room. I-ang Goolsby tells you that he carried it tLere by Mrs. Martin's order, and that neither Capt. McClung lor Mr, Martin told him to do It or know I I was there. They tell you the wiinb thlnji Are they not born out by tho fact.1 of thciiHe? IfCapt. .Mc. luiig had had the l?ugg; : Juit there to escape In, is it llkeiy tint h would have hud the tnulu'slhead turned to wards the depot and th"i? turned it round t j start, off the other way ? Is it natural to suj pose he would? I l.lAil.n,,l(?mnllniUK'ili,\ Of<-i?lirSO It i ; perfectly nuluml lor a man to he very muel excited when lie lias taken human life, n< ! matter what are the circumstances. Labor j ing under that excitement Capt. McMunit'i lirst impulse wns to get away, ami that I in nulse was strengthened when he reached tin | bottom of the steps and saw an infuriates i crowd and heard shouts of "shoot him." kll ! him,<iod damn him!" Seeing the buggj sMuiding there he gotiuto It without referenci 1to whose It was, turned the mule around, anr j it was seized by Mr. Jim Wilson. Failing ii i this attempt, lie Jumped out.ran through Mr Cannon's store and round the rear of tlr: livery stable. Having had'a f<*w moment- foi reflection, he eame through the livery stable handed his pistol to the town marshals, an<l gave himself up to them, asking only thai they would protect lilni from the violence oi the crowd. Is It not natural? Is it not what an j man would have done under the siimc clr cumstances ? Gentlemen of the Jury, there Is one more point to which 1 would like to?llr?'ct your attention, and that is the manner of the killing ArenotCapt. MeClung and Mr. Martin bornt out in theirstAtement by the fuels and circum stances of this case? They tell you thatCapf MeClung ami Mr. (iultln were piaylnga gaim or billiards for fifty cents a game, and Mr Martin was keeping tne game for them at Mr Outlin's request. During the progress of th< k'aine Mr. lioze Wilson came up and Mr. Mar In nnlarnl u.niii wIlKkeV. Mr. WIIkOII Weill down for Kome water for them and the thret took a drink together. Mr. WiUon left lh( room to carry the dipper back and they wenl on with the game. When ('apt. McOlunji inHde the last shot with hie cue Mr. Martin wild "Charlen, you are out." Mr. (iutfln kuid "It's a damned lie." At that lime Mr. Martin wus xtandingat tlie Hast end of the table, Mr Gutlln on the South side near the middle, ami t'jipt. Mef'lung at the South west corner. Mr, Guirin pasHtid by Mr. Martin, got tils coat hanging on the East wall, put It on, and returned to the point ho had left. Capt. Me nunc, looking lip at the Ktring of points ucrott.- the table said, "But, Pom, I know I ain out, I hud only one point to make and I have made two." Mr. Gutnn mid, "You urea <?o<l damned llur, you tire noi our-, ami 1 uou i mean to be cheated or swindled out of a garni! In any such manner." ('apt. McCiung said, "You are another, I know I ani out." Mr. Guttln then pulled out his knife, which he must have hud open in his Mick coat pockct, advanced, struck at Caot. McClung. and cut him In the left breast Just over this heart, milking a gash in his breast more than an inch long, and cutting open his shirt down to the waist. Capt. McClung gave back, tired the tlrst shot.ar.d Mr. Gufliu struck him with his billiard cue, when lie tired again, lie then got his coat, picked up his cue'which he had laid on the tubie, and went out. knocking down the stove as he lett. What do the State's Witnesses say ? John Johnson, Joe I.ee, and Andrew Tuggart say they beard the first shot, saw Mr. Gutlln fall, and saw McClung no around the table, sloop down and fire the second shot. A remarkable thing about John Johnson's testimony is that lie says he saw that take place hereon Monday, and yet lie admits that tie went back to Hodges, told several gentlemen that Mr. Gurtln I.ad been killed, and yetdld not mention any of thosefacis to anybody until he told Mr. Will Giittln, the prosecutor, about it on his way up here the Wednesday following. HI* statement. Gentlemen of the Jury, bears his falsity on Hie very face of it, and I know you will not believe one word of It. You have seen from what Joe - J ? ?? .1?. --.I- l? . ?.! MHJU11U Auuruw i?K^nik.P4>j unj n.... .v, ...... y ou know it was a pby?l**?l impossibility for them 10 net; it. besides thin they are contraiicted by the State's witness. Dr. Mcltrlde, who testifies tluit it won a pliy? 1 :ul Impossibility for the second sliot t > have been tired while Mr. Uuttin wan In any other than an jrect or nearly erect post lion, and Mr. Murmck and Mr. lloze Wilson say they heard no 'all and heard no footsteps between the two diots und tliut they could have heard them, i eaunot refrain 111 thts connection from re-i 'erring to ttie testimony of two other witness-1 rs for the State, Mr. Shlllito and Mr. J. M. ivlrby. Mr. Shlllito tells you the cut iu C'apt. McClung's breast looked iikeapin scratch, ientlemen of the Jury, I do not intend tosay inyihiiiK unkind or tmcivll about Mr. Klrby. refer lo his testimony only to show how lar i man may be lei away from tiie facts ol a ase by his prejudices, and to warn you to ubjeet much of the testimony for the Mate o the same rigid scrutiny which 1 shall bring o bearou this. Mr. klrby tells you that the hlrtCapt. McClung had on was an old shirt, md that the rent in it was torn part of the ray and cut the bulanco. Well, gentlemen, lere is the shirt and here Is the rent In it. i?ousee thatlU is a brand now osnaburgs slilit mil that It In Impossible for me to tear it. iou ee. too, that the rent was cut from tlie top to he bottom. Look ut the zigzag course oi' It indyou will seelt was cut and not lorn. Mr. {irby tells you ul.s<> that there watt no nbruion of the skin, only u bruise, and Dr. Gary ells you that there was such an abrasion of lie skin uk might have been made by the tnife oll'erud in evidence. l)r. Gary also tells ou there wasa bruise on Capt. MeClung's left ore arm, such us might have been mude by he knife offered in evidence. Mr. Kirbv Is u espeetable and reasonably fair man. J low, hen, do you account for ins testimony? His nlnd is no curried away by bias and prejudice hut he has unconsciously been misled as to he facts. I want It understood tnut 1 do not mpeach his veracity, but he is certainly very vide of the mark. Gentlemen of the Jury, a ew more remarks and 1 am done. Men Kenrally have souie motive,some reason lor their J ,1-tions. What motive could have actuated I apt. MeClung to murder Mr. Gutllt. < On one ! x-c.ision he saved Mr. (iuHln s lite at tiie risk : if hie own. and nothing has oceuried, m> tar I .s we know, to dlaiuro those friendly reia-! ions wlilcii must iiave been produced in tliem j >y the giving and receiving of so great an act i if kindness. Is It likely that Capt. MeClung rouid have saved his life In iSTti when he had tot another frien 1 ucur him, uud then wilfuly, deliberately, and maliciously take It from ihn in 18S0? Is it likely that he would have hoseu such a time uud place to kill him, rlien It would have been so easy to waylay ilinoa his road home and kill him? Or if he bought the billiard room was the proper ilace locommit the deed, would it not huve| >een Just us easy to play on tuc table in the ear of the room where there would have >e<:u no chance for anybody to seo 11? Voti rnve seen CapU McCluiitf on thesUiud and ou know he Is a man of Intelligence. Would he veriest fool that walks Hie earth haveact<1 as the Suite trie* to make It appear he has lone? It hu* been brought out in evidence but Uuflln le?t five little motherless children, ientlemen of the Jury, uny man who has a icari In hhu must be sorry for those poor 111le orphans, butd > not sutTer yourselves to be urned away by sympathy for them, from yinpathy for Mrs. .Martin and for t'npt. Mc:luii|;'s wife and children who are awaiting ...... I..? that !h?lr hllKll:tml Hlld father imy go home with them, and from sympathy or his brother who has come here rrom TenlewHL'etosee that tie gets a fair trial nml who s now awaiting Justieeat your hands. Gentlemenot tuc Jury, I am clone. I have llcchargi-d my duty as 1 know it. IT you think hone prisoners are guilty, say so, but give heir case a patient consideration and it' you tiink otherwise, let your verdict be, as 1 hlnk it should be ".Nol Guilty." Argument of A. Burt, Esq, Gentlemen 0/the Jury: Iflhari 110 other m<>.Ive for not detaining you long, the patience vlth which you h ive listened to the exhaustvearguments made by my colU-agueHsocom* neiidri you to my discretion, mat i snuii w i >rlel. 1 have never ?een an Abbeville Jury ,hat was not willing In anv case of great linjortance to hear reasonable argument, which was calculated to throw light on the subject. [ Kliail not go minutely Into the evidence, rhat naa been well ami thoroughly done by uy friends whoare engaged with me. Mut 1 shall direct your mind to the law and the eudiug facta, and group theiuinor facte about .hMxe. And may It please Your Honor, I de(I re to lay down, under authority of th<- court, Or I ulwuys defer to the Court In matters ot aw, some propositions of law which Your Honor, If I am correct, will slate to the Jury, [t the assault m idj on Mc(..'lun?produce.l immediate and imuilneot .danger U> life or person, the defeudant was not bound to retreat, iud that the right of self-delence extends till ihe dauber is overcome or removed. And It iita rigut derived n<it from man, but from [J.Hi. Jt In given to every crenturc, to every Insect that creeps on the face of the earth, to preserve the life given by Uod. I shall maintain that the statement* of McClungand Mm Lin, tUe prisoners tit the bar, under the Instructions of His Honor, are not to bo <]uesLionod unless disproved. The law allows IIIV'III t?o nuuvuvp... ?..w. vn.. mid unless their testimony be disproved by uther witnesses or f?cls, It must be accepted u* true, and although they Imve great intcre t in theevent of tue trial?their lives n ie<-d, are at stake?yet their testimony, authorized by law to be given lo the Jury, must be believed unless combatted and disproved by other witnesses, or by Much facts us you or one of jour experience might know to be absolutely fnl?e. I sh.ill assume the testimony of these two witnesses to be true, unless It has been contradicted. I shall support my legal proportion by recurring losome of the fact* which occurred In that billiard room, speaking for my clients, asserting their right* as their coutisel, I say that wound on Captain McClung by thekuifein the bandsof deceased ?1 say. gentlemen,ttiat Ijdon't remember any particle oi testimony which conflict* with this statement. Someof my young friends commented on the testimony as biased.?Mr. Klrby and Mr. Hhllllto, one said tho wound looked like a pin scratch and that the wound was above the rent in the shirt?It goes for that and nothing more. On that subject I have nothliiK to say. You know the tacts as i ,l,> Viilxvlv who lias I mn:<rt trill v looked lit it doubts that the wound was made In that way. If deceased used Ills knife on Cnpt. McClung It Justified or excused bltn In taking the life of the deceased. If It was necessary to save hlsown life or to protect hi in from great bodily harm. Lives there a wretch whose blood is so cold, or who has so little ol human nature, that when assailed by an Infuriated enemy will not strike back till the darner Is overcome. You would, ornny other man worthy olbelng called a human being, j Now Is that statement of Capt. McClung truel Is it true as he stated that when the thrust ! was made witli the knife, he attempted tc ! draw his pistol: when ho fired tlie first shot ; that the deceased had his cue raised and had thrown Ills knife. Is that true 7 It is not contradicted, therefore It mUst be taken a? true, notwithstanding all the doctors saj about the effect of such a shot, wc have wit' nessed the unprecedented fact of three doetorr .agreeing^ They; have gone to their books and given us what they found on a wound through the lungs severing Important blow ' vessels* producing svneope? whatever It maj [be. One of them did explain by saying i > meant a suspension of animation and motion Capt. McClung showed a wound 011 the am received while raised to avert t.ho blow fron bis head. Suppose what they said about I in mediate death following such a wound is 110 true ! Your experience teaches you that it 1 not true. The billiard cue was raited, an< | brought down on the arm raised to protect tin j head, before the second shot was fired. Y01 ! saw the room, and the position. In which III I parties stood. Capt. McClurtg went back a far an he ?ould go?retreated, as the old Kng I llsh authorities say, to the very wall?am I had to mount one of those steps to avoid th blow with the knife and cue. Is this true ! If these facts bo true I confidently take It fo ; granted that all question In this cane Is at al iend. They have been solemnly sworn to l> these two prisoners, and not Contradicted b ' the testimony of any witness for the .State 1 But certain circumstances, it Is said, go i I show that this Is not true. Now, persons < suspicious mind will always see the evil, cloi ; lng their vision to the good. That young wl ' ness, Goolsby, made statements inconuster ' with the defense. Yon will remember he sal 1 when ho left the room all the parties wei I friendly, and tinflln was showing s?is knlf II lie went down, and as he put Ills foot on tt ?? t! hottoni stop the pistol tired, is that possible? r.! Is It a statement that you will accept against i i the testimony of those two prisoners. This y 1 tioy l.s only fight years old, tho' lie is pert and t* brijiiit. \v ill you take his statement ? Will -1 you assume that these prisoners have sworn i o, I'alsely on his evidence. I will not insult you, i-! will not ariiuesuch a proposition. Hut sup-! ; post; they wore friendly two or throe seconds | s : hi-lore the llrst sh >t was heard. His tifsUino-j i j iiv is overruled by other witnesses; > .Solicitor Cothran.?It is unusual, Your Hon. I or, for counsel to 11.ss.1il the truthfuluess arid g! cliaractcr ol his own witness. j . Judge Mackey.-Hecai show by other elr-; cunistances that lie was mistaken; hut iiin11 not impcaci) iiis veracity or character; the rule; I is that. r Mr. Kurt resuming? I airt gl'id to see my; friend the Solicit ?r, so very readytointerpo.se! i in the discharge of Ills duty. 1 always iike to ' i see it. Jt shows that lit will do to rely oil. I1 . have not said that the hoy hail sworn lalsely. i . 1 spoke of ills youth, to show you that lie: ricouidbe mistaken?that his testimony can , i not he accepted. If I show you by taking the ]1 1; boy's own testimony that wnat these prisoners ; 1; have said Is true, it is better than if you took j > f their own statement. According to little Goois-1 j by they were talking in a frieddly manner. . j iiuilin said 1 will show you n'y knife, ami!) then secretly and trcachei ousiy set upon Cant. 1 i j McOlutig, with iiis knife, ihey may take i . Uoolsby's statement, and if you believe that I . the assault was made with that knlle It can- < not he t irtured Into anything butself-defensc. ( .' I would be so ry t < doiajustlee t jjtlie deceased I , I person by imputing to him a mean and I . | treacherous spirit unworthy an Italiau assus- I , I sin with his sillcto. Would it be so? Take I . | either statement and the great principle of j? >; sett-defense, is not allecteJ i' "U Il.ft nnu'ilAC C f ft I n H ! 1 | ' "en, Rni.iniicu, iii". m . i.v ,.vf- ? t,' on the cheek ol the dccwed, 1 suppose is |> i! agreed to as a circumstance going 10 show (hat 11 ?; the testimony of these colored witnesses is I' t true. They say Unit ('apt. McClung walked I m around the billiard table. As I understand it, < [ all the liiets of this case eoiitiu liet that. You I , j have been where the parties stood?one at (lie I 11 south corner of the billiard table, and the oth- ' , or on the side of the tible?a few feet apart I ?live or six feet. I have nothing to say < , I of the credibility of these colored witnesses j I ;[ except that I don't believe a word of It. It Is 11 . contradicted by the general tenor and purport it . I of the evidence ill this ease, and by indlsputa- f II ble facts. I have nothing to say further than ? I that I don't believeit. Now,about these povv- t . I dor stains. Taking Ovpt..Mct;lung's statement s when On 111 n set on him with that knife, he 11 , J must have been very near, he threw himself i' , back nnd drew his pistol, and (Sutlln raised > his cue to strike. \ou remember the distance t ! at which tlie parlies stood,and I)r. McUrlde's t :! testimony about experimenting with powder i j burns on old newspapers made at a distance c j of three, four or rive feet. Now, how long is a i [ man's uvm?usually tnree feet and a half, o j Now, suppose (iiulln was six feet off?there ? I would not have been more than leet be- e I tween them. No, gentlemen, there is noth- 1 I In? In the powder burns on the face. I think 1 j tlie testimony of Dr. McHrMe as to the o tacts of this ease is worth something. II Is no li theoretical opinion. No opinion from the v | medical hooks, but he saw the wounds. His 1 ipstiiiimu' u-ils tliut the deceased could nut 0 I have been on the floor when tlie second shot ii ! was lircil. You known thut It was impossl- v I bl**t from the ranne of tin* bull, tliut deceased's I I bead could have been below theblilifird table, n j which was:M Inches high. Tho?c little spots " of blood, I regard us st rongly confirmatory of h the statements of Dr. McHriile and ('apt. Me- t Clung. Those spots have not faded out. You 'J saw them, und t saw them yesterday. I)r. u (jury said they were such spots of blood as h would have spurted fiom an artery. Hut the d testimony of Dr. Thompson, who was brought I all the way from Greenville to testify In this It ease, is intended to show that the blood came y not from the head but from the heart, (takes 1 up hat.) I see no blood on It, except near the P hole. I>r. Thompson stilted that seeing there a was blood on the hut,when he picked it up tl he held It olTfrom the table to keep tho blood a ott' the table and .shook it. And then laid It r< on the taiilo. Now, I say to you, gentlemen, w If those Kpccks of blood come from the wound a as Dr. Gary says. It supports Dr. Mclirlde. It u would seem to be contended?that Is why the w but was introduced?that the hat belugonthe it head of the deceased would have prevented I ei the blood from spurting out; but trie hole Is K wide enough for that. Hut the shot being si from above, and ranging down the blood n; could have spurted out under the hut. If this gl I hat hud been nut on that table bloody, the ai blood would have been in smears, not iu e< uno/.tru Vim mwl?i>uftkn(l thof tlm hnt. ll'ILW II found near the south end of the bill lurd table, *1 unit not near Hip spots of blood. Now. Rentle* n inen, these fire the facts which will he iidduc- tl ed to show that you ought not to believe the 01 prisoners, but, that you arc to take the test!- M inony of a little ne?ro boy apilnst men, brave to men. You are expected to set aside their tcs- ? tlniony on the theory that when u man's life tc Ik at Make he will swear a lie lo save it. Ire- s: ject this low view of human nature. I sec men in that Jury box who would not swear a re lie tosave their own lives. Jtravo men don't ri lie. Sneaking cowards lie. He is not a man pi In the full majesty of manhood, who would til not refuse to tell a lie to save his life. Now. ? there Is a uucation of law which I refer to the w court. I do not think tlie principle ns laid 01 down by Itishopon Homicide,and as contain- e: ed In thedeclslons of theUnited States Courts, w and particularly the Western Courts, is alto- n< gether correct, that the party assailed Is to ri be allowed to Juducof the Itnminency of dan- ct Ki*r, but it must be such danger us prudent ct men and a Jury would lud^e to be Imminent, tl I think tlie rule Is that he Is not to Judxe In the flrKtinstanee, If the rights of self-defense accrued, but It Is for the court und Jury to say if the cxtrcmltyjustificd him, It Is not t fur u whlle-llYeretl cruvcn to say that a gentle- s 111:111 lay in wait for hint and he killed him to prevent himself being killed. Jlut where reasonable manifestations ol danger to life or person are shown by nets, th-.? law of sell-delense is not to be measured with stinted hands. ]>ut it is construed In a spirit of great liberality. No man eao measure the foree of a blowJcxtorU-d by the blow of an adversary. No law requires you should do It. I Mr. Burt here commented at some iengthon tlie testimony, but want of time and space prevents Its publication. M inylhln.cs I h ive no doubt have been innocently done to prejudice Lite community against these prisoners. I was away, The statement* at the preliminary examination, where the prisoners were not allowed to open s their mouths, ?these slatemenis.ipartlal'and calculi led to mislead and which have misled were published in tnecounty pnpers. i w;ia w kind to hear you n:iy Hint you would rIvc to j, these prisoners a fni rtffid Impnrtiil iriul. And -p relying upon your fidelity to your duty, mid w in the mime of Unit wife and those children, jj I commit the liuslmnd nnil father to vour f, hands in the confident belief tint you will.let him go home with them to-night. i l\ li Argument of Solicitor t'othran. h d' Miy it P'.ensc pour Honor: ficforc proceed- ol lni; to the argument of the fncts it may be H proper to reply to some of the extraordinary u. propositions of law submitted by the learned *1 connael for the dofeu l;iiit<4. The principle* lu ? Seltridue'a ease relied upon by several of the h counsel on the other side have nevor b?'en nc- h knowledged as law In the courts of this State. M but upon the other hand were expressly repu- ri dialed in Ihe case or tho Slate against Mc- ?' Ureer i.MS.Si and rolerred to by the llrat conn- ai sel who nddre>wcd the court. Tho case of Mc- ti (ircer has not been reported, but It went up 01 from this pla-.-e, I was engaged in it, and the pi point 01 the appeal was, that the party claim- si lug the right of .st-lf defence must adjudge ol w tho sufficiency of theclrcutnKlaucc.s entitling 01 htm to it. Our cotiru* recognize no kucIi prln- ?l ciple, hut upon the other hand, hold that tho w facts and circumstances are to be related In V the hearing of the jury, and they, and not the d prisoner, become the Judge*. >o new tria: s: was gran led In the ease ol McGreer. This de- w clsiou does not Impair tho right of s'jif-de- I fence?that right is as Inalienable as the right o to breathe, but, it must besetupby thudeieiid- o aut upon the preponderance of proof, and of U Ui? sufficiency of the proof the jury must be g satisfied. h; Agalu every material allegation of tho Indictment mu?t be uroved as laid. This Is Ji true witti the qualifying Interrogatory. What tl me the material allegations? Indictments for o homicide are exceptional. In ttru-tisxiuin jure, p as laid down I ti Archboid, "In strictness ol ll law. Indeed, the prosecutor Is not bound to ti prove lac Us Irom wiiich it may ue impiieu, m i< order to sustain nn Indictment for murder, for II In all c;*ies where the killing Is proved, the o law presumes lint It was dotio Iroin malice I' prepense, until the contrary shall be proved a on the part of the prisoner," from which It d appears that In this ease the Slate hux not a availed Itself of thesti let right, but has adopt- y ed the more liberal practice of proving every t material allegation. Tills has been done In li fu I mess to the prisoners; and all that has t been required of them is to establish their t plea of self-defence by tho preponderance of II the evidence. The killing having been prov- n j ed, (lie law Itself has shitted the burden 01 s j proof upjn the defendants, not harsiily re- v I quiring them to make their proof beyond a c I reasonable Uouot, us sue requires 01 uerseii, * J but by the preponderance or the evidence. It l is not iny habit to argue lamiii.ir principles 1 of Ihelawlu tlie Sessions to tin Intelligent t Judrfc. The law of tills wise Ik In a uuUUoil, a und is found In the "horn hooka." 1 Now, gentlemen of the Jury, we come to r cotiNider the facts of the case. The counsel I who tirst addressed the Court said truly this v Is a solemu occasion. I repeat with ull the f einphasi.': that the words cau possibly bear.lt ?i is. J go further and say that It Is not only c soleinu bat painful. You are culled upon to ? say by your verdict whether the defendants;* at the liar are to live or die. I know Hint you I ?J will, as you huve already done, give to this ; t case most anxious, careful, and bonestconsid-; c eiation, coin I us to your final conclusion in 1 the light of the evidence mid upon your con- 1 sciences us honest Jurors. The responsibility t which you have assumed or making true de- t llverance between the Slate of South Caroli- I na, and the prisoners at the liar Is a treman- l dous one. but I believe that you are sufficient t for It. There are certain foctstliut are notdls- t puted, and perhaps It would be well U> udvert i to these und lay them behind us. A human t life lias been taken, the body has been found, I the slayers by tnelr plea of self-defence have admitted the homicide, and arc beiore you. iml us now lake tlie next step forward. Here the burden of prwf stillts, and the pris' oners have submitted their defence. Impor Unit facts cluster around tin.'use of a pocket i knife. Some time during the day of the 27tli of September, and about midday, occasion , either arose or was made to use the knife of i the deceased, und It was handed over tooneof ! the prisoners at the ilar, a trilling clrcum-l 11 stance It may be, or It may be not. For some | , j reason not satisfactorily shown, this knife was i i j never returned to the rlghtlul owner, ltepeatr ' ed demands were made lor it but evasive an sw.-rs were given to tin so demands, anil ilei ceased was told that if it was lo>t anothsr , would be given to him, to get oue at Jones & I Miller's and have It charged. If the knife 1 was In (heir possession they knew It and j : should have acknowledged it. Why not? What I was the need of evasion ? I s;:e none. Can j . you? At one lime during that day before the | i knife passed out of tho possession of the de1 ceased It was drawn lor combat with one of i - the prisoners at the Kar, who exhibited his. I pistol cocked. Much has been said In the ar3 guments and attempted to be proved on tho | i stand upon the subject of friendly feelings i> between the accused and the deceased. l)o a you consider the drawing of deadly weapons, e and the complaint of persistent efforts to bulls dose as evidence of friendly foeilngs ? One of 1 he parties goes off and buys another knife, j I Dr. Lyon saw It open In Ills pocket on Wash- | e j Ington street. Tho deceased said he expected i ? I to use it. Iiad he not the right to use It r j against the pistol of his adversary who had j li been hounding his steps at different times, y during the dayt This would have been self-1 y defense indeed, and I think his Honor will so | !. charge you. So much for tho knife. Puti o your own construction upon these lacts. The' >f | next Incident In the order of time is tho enr try by the three parties into tho back door of. t- Norwood s store, They procee.i from the rear it t'?ti.o front, the defendant Martin walking d betilnd tin other tw-i?pa sing the scales near C the back door of the store lie pick > up from c., the scales the two pound weight and carries ,e : It to tho front, what did this mean? The t t weight could have served him no useful p pose?separated froiri the scales. It. was n ther an i.rtlcle of ornament or of log! Urn use. .Such may t'e made a wc-ipon of dan;; ous use. Hut it was laid down on thecoiint That wu?s not lis place Vhy was It not lak up into the^bltllard root., as a contribution the'bioody deed sosoou to be accomplish! The reason Is obvious. It would have been mute but eloquent witness of the purpose i which it, wasilrst taken and therefore ii \t left on the counter betow. Although the i fendant Martin denies all recollection of t fact of carrying I lie weight through the su in his hand, and may claim lhat It was idle net. It would not have been so regard If It had been found at the scene of theki lng. It was however taken more than h way and 110 reason Iihj been as>igned for t taking. Immediately after ihls tnat reuiar able conferenceoccurred in front of Norwoo. store. i'lie party uy agreement, wurs u ju. a game of billiards. The dciendants cm tut way to the bliliurd room fol.o>ving the < ceiled stopped some six or seven feet in fro of Norwood's store. They turned their bun to the public Htjuure facing inward to t store. They stood side by side, close logelht In fact, touching. It Is claimed that this l< uial act of Juggling was for the purpose passing u dollar In coin from Murtlu to M Ulung. Murluicti and Wilson who we standing Id tile door at the time testify po lively that they saw the pistol transferr from the possession of .Martin to MeClun Due of these witnesses says that lie nnv Mi lln take the pistol out of his right hand co pocket and puss It over to McClutig. Both Ihese witnesses say that they saw the jsist ilrst In the hands of Martin then In thclian jf McCiuug who immediately went up in the billiard room where Ciuttiti had prcccdi iiiem. Why slop ami face inward t Why g >o close together? Was it necessary to do i .his in order to pass a dollar in coin from 01 land to the othei ? And more than this, ho ullldavit which was filed by the dcfeiv uu Martin In his application for bail he sa; hat UuiHu was present ill that time. It n >e.irs from the testimony of Murbuclt ai iv'ilc/tii th*if ? if 11 >1 whs n(?f. nrnshiit. U'.iN leeessary In transferring the dollar to M -'lung that he should t ike his pistol out to g lie dollar In? Wus Uic waistband of li xintii so tight us to suspend tho la\ >f gravitation and prevent a coin fro iillliig from the top to the botto >t' his poeket. Was he obliged toinkctho pi ol out to put the money in? Why not ha ;lipped the money In If he could ?et h land in to set the pistol out? Why would nun sul>jeel hlmseif to nueti repeated l:ic;? . onienees? Here are the pants. ll?.\hlbiiii iiein.J Tliey are not new. And, ibesides tl lj;ht poeket In the waistband, no lnco.w ilently arranged for carrying plslols *r wins together ifor the same iiicon venieno I seems from McCIling's statement, was ei wintered when he had to take a quarter 01 if his poeket up-stahfij you >ee a pistol pocl tin these pants?a nvept.u-le builtlbr carr, nu iiisiols. This theory of the light Wilis iand pocket and the inconvenient neeessil if taking out the pistol every time the pari tad needto go into IiIa pocket is now m anced for the llr.-t time. 1 Jo you believe It an vou helK-ve it? Tak not of presumpth vidence In this connection? you haveoppo ug it, lilt: positive testimony of two wline-si rho saw the transfer of the pistol mail 'his Is ni? Important fuct In the case, and nay be well, gentlemen of the Jury, lo pnus moment here and consider lue dtH'creni etvveou competent and credible testimon. 'ourteen years ?go the proof su-tamlng tli ypoiheslsof the pri>ouers ibelng their ow nsupported declarations) could not hav een heard by you. Tne law did not perm efendnuts then to testify In thclrown behnl have nothing to say ns to the policy of till iw or the wisdom of it. My business an ours with the law hi to administer It. An will ask his Honor to charge you upon till olnt, that although parties accused of crlm re permitted totcslliy In their own behul mt the laws of evidence,founded In rcaso nd common sense, require yeu to scan na >wly the statements which parties maker ltnesses for themselves. Human uaturc I bounding It is like the atmosphere aroun s. "Wc are all weak. And the scrutln hlch you givo l.o the statements of a pari i his own vindication should be proportloi I n.n .nnirnlf mill llf the! interests at sllaki eeelve the suuement because It is Jatvfui;rutlnlzeit because it Is lawful, bearing i lind always to enquire what will a man nc IveforiiiH life? ilave .Martin ami MeCllin ny Interest to color their testimony ? Tliel >unsel iinvc solemnly assured you thii ieir lives wereai stake. What interest huv lurbach and Wilson in coloring tlielrte.il tony, so fatal to the prisoners, If true? Ar icy billed or prejudiced ? Are they hostll unfriendly ? 'ihey are the employees t r. Norwood who seems lobe not unfrlendi, ?the prisoners. I kuow that men are weai yea, the law knows It, and says *o when i lis you to scrutinize well the prisoner' litemcnts in his own behalf. They went into the Jury room?not the Jtir, kjiu?1 wish to Hod it had been the Jtir K?m. One game w iis played and ended, ay< ;;iyed to the bitter end. Now comes a etiu let of statement again. mere were noun; ords heard outside. The prisoners say thei ere high words Inside. Ik thin true? Ai itsldc testimony threes that there was n ctraordlnary noise heard until the ratal sin us fired; and i-niiK Uootsby, their own wit ess. and the lust witness la tho tilllinr Kim, except themselves, confirms this, in well appreciate the dfsire of the learne mnsel for the prisoners to gel over tho te? inony of Hint witness. They say he was tile hoy. Yes. gentlemen, he wits a littl >y. His little feet had perhaps not learne > tread 111 devious paths. Is it pretended I'o lis reason he did not speak the truth? Js th ream less pure at Its fouutuln or soure mil when enlarged In volume with turbl ream It runs through the valieys below? 1 juth the evidence of falieh.xxl or ius!ncei y? No, gentlemen, ;<jod makes us bette lull we aiiike ourselves. In the anxiety < ly friends on the other side lo git rltl of th I istlmouy the Court felt bound to interposi id to remind the learned senior counsel fu ic prisoners that lie violated a rule of ev juee in assailing the character of his ow 1 in ess. l)o you find it necessary to do sc Mitlenien? If so, why? You are seek In nth, not assailing It, This wltno arrows the cntiuiry down to a fine poln ? bridges la part a chasm. He suys he ca ed the buggy to take Mr, Mnrtin honu [artln called lo him from the billiard root lUlCthlllg about a Kiuir, nc urn uui uuut,aml, and rail up to know whnt .Mart! aulcil. Ho say:* when lie got into the hi iml room the gaine wax ended. The partk ere talking, not In un unfriendly way. Tim e heard UuDlu . say, I'll show you my knlf< hat, suiting ttie action to the word. Until cut fir liIn cont, which was somewhere 1 ?e front part of the room, and he saw hiin pt Is hand into the coat pocket to get the knlft The call to the little boy by MurUn for tin nlfe su^ucHted tho subjeclaiid it was pcrfcci f natural for Uutlln to nay I ve pot uiiothc nl le, uudjustus natural alter taking It out <. Is pocket, to show It, as lie had proposed t< > to Martin, who then became tne po>sesso f tho now Unite. Just a')i>ut this time th ttle boy went down the steps with a uiessag > Mr. Norwi>xt. There wu-s no untriend. jlrlt man Hooted up to llietimeoi his leavln no harsh or uukind words spiken. You n,i' ow like a squirrel ho moved 111 your pri-senc ere. He was bearing a message I'rom Mi lartln to Mr. Norwood. lie left the biitiar mm, went down the steps seen and Irnveri i by you to-day, Just eighteen In niimbe [id upon clearing the bottom steps he hearc le fniul shot* I ask you it there was time IV lie tenth of the Incidents testltlcd to by tb risoners at the bur to hnvo happened In thi iorl space of time. The last un question? 1 tli*ihi(?i.iiuo<l Ptfi.nl the iilt? uru ...... ??? r. _ jn cull upon hisMalcer of'oh Lord, ' was"! bow you my knlte"?either ? compliant ith a request or a desire to gratify auothei ou arc asked to Infer from this act that tli eceuMKl was playing the part of a secret a ishiii, a Spaniard or an Italian who strlkt 1th a stiletto lil.'t unsuspecting adversary have, gentlemen, no words of abuse for an ne connected witn this unfortunateatlair. nly wish to array the facts an I'; 1m my dut > do. and although the recital of tliein I liasiiy and horrible, eTcry word that I bav lid Is in aorrovr not In anger. i must remind you *45111, gentlemen of Mi iry. In considering the next point of tills caf :iat the burden of proof is still upon the pri: tiers. and tlie next enquiry in, was there an roTocatiou for thin bloody deed. Where tie proof of provocation ? The tlrst shot et jreu the body of the deceased one Inch to tli ,-ftofthe left nlpplo, counting from incdlui ine. andu little ?elow tho nipple. The ell'et f this by the over whelming weight of th sHtluiotiy Wiut Immediate suspeiisio.! of a nlmation. Syncope was tlie tlrst and ilium into symptom. Vouare uotexperis, butyo rc men of oxperienceanu cuumum ^unc.uu our calling in 111* lion required you to ?ln he lower animals. How many of you an i?\v often on u llccember morning lm\ hrust the blade Into n hog's throat. It i? sal hut the organism of that anlinul Ik not ui lice man's. lie ha* as much vitality as uau. l)ld you ever draw out the blade from ucccssful stroke when the gush of bloi rould follow It, and find theaiilinal sustilcke apable of volition or action ? Dr. Templetoi rlth age and experience Intelligence an yarning, with L)r. MeUride, l)r. i'nrke Jr. Link, alt learned lit their profession, sn hat excessive hemorrhage, as In till* callows thatone of the great arteries about tl >ejnt had been severed or cut. That the ii nedlate effect oi thisls syncopo engorging 11 un^n at the next pulsation ol the heai vilii the life's blood of the victim which orcrd from the mouth. That the netwoi if these artricK Ik bucIi that a.ball taking tl ourse that this did could scarcely have inn d them all, and the excessive hemorrhaj hows that it did nol. The deceased, must ha' lied in his tracks. Is that ro? It "Is lor y?. /? uuv Where was he standing when he r :elved the llrst allot? Vou ?uw tiic tuoi l'oii know that lie was shot in Ills left .-id dust not the inan who shot him have sto< ipon hlslelt side? It was well for the dclen o shift tlio ground hero, for theu.se of U mlfe could not liuve tnrown the left sli orward, and they allege that the attack wi lie knll'e wusabandoned, and that the decea d took a billiard cuo iroiti under his left art ind renewed the attack. Wax not the Idea hecue Introduced lor this purpose? it in lard matter, gentlemen, to Invent a slor .low often have I tscon It tried. JIow oftc lave I seen It full. Make the attack with jilllard cue. (Taking countable Itoche'sstaf I'uke tiie position that tliev describe. S ny left arn?. Tell me, Mr. l-oretnnn, if y< so'uld penetrate my body with a chol, entc ng one inch to the Jeit nipple, without II ibot tlrut passing t hrough the arm. It cove lie nlppie precisely. It is impossible to 1 my nipple and miss my arm. X do not kn<. A'liy It is nor what it Is, but thero is an o laying, and It is true, that murder will oi though tongues were out of use. 1 have lisle 2d In vain for the testimony and 1 h; thought that possibly the arguments if ; many learned and distinguished co.iuse'.lo for you see in this case an array from t; distinguished Nestor of the liar down to 1 younger acolyte.) I had thought, I say, th tlio argument of some of the numerous cou net would have supplied the lack of proof, b 1 have looked and listened in vain to be to iiow the deceased Willi tiie tlrstshot. no taU received on one side, could in the same mel and In so short a time, pursuing the par purpose as Is alleged, have received anotb Bhol exactly on the opposite side of ills bo one shot ranging up. and the other rangl down. No blood ut the spot of the alleg rencontre, and the body lying In a dlreeti precisely opposite to that In which the alleg attack was made. What is the theory of t defence ? How simple, how truth-like Is t theory of the prosecution here. You lio examined the room. You have made obs vrtUons from the several points at which J Lee, Andrew Taggartand John Johnson sUx You have heard their statements. Are tli reasonable ? Are they not sustained and c< robated by your own observations? Let t end of the table here represent the billli table. Ilere'H where (iullln stood, ller where ho .fell. There's the pool of hie in which he lay a mute but truthful wltne Now, If he weie making nil attack In this rc^tion, how, I ask, can it be explained tl his body was lying in the opposite direcllo Remember that he was attacking, as tl; allege, .dclMung in ihe South wc.-t corner the room wiuh a ball severing one of the mi arteries, of t he bourt Which the l>ooiuia t ur- would have caused a discharge of fclood ici- the next puliation, and yet you And lib bio ute at that spot,and the body lylnic pron,*! Jn tl ;er- opposite direction with a ball entering tl ,er. left side of the body and the rigbt bide of tl en head. to Witnesses lie as they have lied in courts ;d? | Justice In all ages, but here's a witness, th a cannot lie. Oh, wlint efforts have bben ma< lor to get rid of this dead and silent wltnc ...o [ ( HI.?l,? tli Jc- open theories have been built around it. IIo la; ] hard ll wasatlcmptcd to be shown b.v Hlclin; ire I rtondley that ho saw Hon the billiard tub an i at the east end ! Hut how the theories vanli>(| I when the real lads appear: T. H. Walk* II- A. VV. Jones who entered the room nuioi ;il: j the first tell you Lhat they In the presonee ne i others whom they name, nnd who are now I 1c- i the Court saw the hat on the dead man's her I s j when they entered the room. Dr. Thoinjlsi ny says that he look the hat otl'tlie dead man Ir head to perform the decent rites ot sepnltur ie- stio>k from it the clotted blood, and l?Id ut on the table, fondly saw It there afterward ks There's u bullet hole through the brim he the h it. There's the powder burn upon 1 r, There's the glazed smoke upon It stllL Tin >r- hat covered the right temple of the ilen of man. The ball lhat wpnt Into Ills temp [c- first passed through the hat. How close tl re man who tired the fatal shot must have hel si- his pistol to his victim's head, you can tel I'd How nntural is 1 ?r. MeBrlde's theory thi g. Gutriii wltti the heart's artry cutandsynoor i.- ensuing, fell to his kces transfixed and shui at derin^ In death with his head still eroct an of I about the height of the billiard table rccrlvi ,ol the plunging shot from McClung who stoc ds above him. Cuu't you get above another i to easily by his deccndlnjj as by your ascend in it lid As <iullin came down to the tloor how eas el was It for McClum; toslioot hlin through tl ill head, with a bull ranging downwards, i no three witnesses have said. Compare tli in powder burn upon this hat with the exper d- ments ma le and furnished by Dr. Meltrld j-s With a pistol of like caliber and with fixe p- cartridge. These experiments were made o II I paper at one, two. three, four, and live fee It | l'he evidences of powder burn and glaze c- smoke on tlie hat should correspond wit et one of these. [Exhibiting the sheets o Is which the experiments were made.I Itlsnr vs | pretended l>y the defence that McClung wt in I nearer tuOiitll.il at the delivery of either i in the shots, then why wan the powder bur Is- upon the hut. and fu.ee and none upon the 1U;1 10 coal which he wore at the lime oi his doi*ane Is The theory of the prosecution Is, that M< a Clunjj was across the table seven or eight l'e< n- distant at Hie llrst shot, that t hree witnosKC igl saw htm comenround the table, and dullvc u* j the second shot, stooping over the head of li e- victim; How can you account otherwise ft id ' powder burn on the hut and none upon tli :c, er.ut ? Has tlierc been any effort to inipcac ?- the testimony or tlie .State's witnesses it Volt have heard their simple statements. ] k-1 is said that Joe Lee said that he had two pu y-jnose-i In going to Knox's corner, one to st it- Mr. Martin, the other to talk with Andre !,y Tuggart. I did not so understand It. Liken y idle boy upon an errand he probably Rtoppe ii- to talk with Andrew Taggart at the poll; , ? where they were standing when the llrlng o< re curred. The one allied the attention of tli s- other to something over towards Mr. Ouuriei js store. This was natural, boy-like, and whlif e. looklrg In that direction tlioy both say the It heard tne llrst sliot. '1 hey looked lip luto tli H? billiard room, saw Gullln falling, saw Mi :e Clung come around tilt east ertd of the ttfbl > . stoop over, expo-dug tli rough tlio window th ic top or back, a in and fire. Is this teslinion n true? If not, it should have l-eeu Impeachec e The learned and diligent counsel for the prh it oners know these witnesses. Their tcsJmon f. was taken a month ago at the corondr's lu Is quest, and published In the newspapers. d The activity and zeal of the learned counsc d ! for the prisoners you may bo sure have lei is 1 nosione unturnc I. These,gentlemen.are th e bald facts of this case. I did not Invent then f, nor did you, 1 urn not responsible for then n nor arc you. It Is ourduty todeal with then r- as we tlnd them, and neither of us Is fit fo lv tiicplacethat we occupy In this court 11 upoi Is these facts wc up; not able to do our duty d The sway of prsjudlce alike with that n y sympathy has no place here. No man regret y this occurrence irore thanJI do, except It ma' l- ] bo the prisoners at the Har. If the theory c ;. I this prosecution be true, they have violate* - ] the law and for this violation they must stifle n the penalties of the Inw, fo. the very securlt; it! and safe guard of society rests upon the pun g Isliment of crime, Here at leu.st the voice o r I the public Is sWent. We are ministering ati 11 sacred altar which no man has a rluht to an e ' proach with unclmn hands. J know, gentle i- men of the Jury,. l;ow natural it is to pla: e upon I tic sympathies ?nd feeling* of the Jury e Day nftcr day, I have watched those falthlu <f people [referring to the wife and her ulster* y and the children of one of tho prisoners,] a k they have sat here?tender, at lection ate, an< t true. True to the way ward, true to their owi s nature, and to their gcntleand womanly in stincts. Hut tlie.se are not to influence yoi y nor to divert you from the dlschargcof you y duty. Kven this picture "has two sides. Ko ;. 1 could hnve brought here intiyour preseno lilit.. ,.1.11. Icon nuul.. Inthacloca Kir fl.leU^ h | rible deed, und h bereaved sinter whose ho) e ! stiiy and dependence Isgone.nniljWliosltsnov >1 { under this greut alHIctlon voiceless,und teat r? j lcsf? In lier unutterable woo. I have no it: chosen to do so. if you ean see a way upon your conscience! d nnd upon the testimony to acquit these dt I readmits, nc<|Ult tliem. But du It gentlemen d as i know you will, If you do it only accord i- lng to the law and the evidence. If upon tha a law, as given to you by the Court,;yo ubeliev e them to be gully, say no, and no wore, d e Ills Honor's Charge. j Mr. Foreman and Gentlemen of the Jury : Th H prisoners at tha bar.Charles A. McClung am .. J. t'ampbell Mnrtln, stand charged with th ,r | crime of murder. In this: that on the if7th da; ,( ! ot September, ISW), ut Abbeville Court-Housi ,s 'n the county of Abbeville, they did felon I , ]. islyand with malice aforethought kill nni fr1 murder Lawrence I'. Outlin then and ther being In the peace of the State. J M urdcr Is the unlawful killing of a hurnni being with malico aforethought. MaHc J a.orethought Is a term of law Intended to ex ?| press the delibcrate and wicked Intent to tak ,' | human life. Where tho fact of tnc killing 1 /1 proved, where intentional killing Is shown . j the burden of proof Is transferred to theac ,i cused?the law presumes malice, and the bur ...! den of proof Is on tin- defendant to rebut tha i presumption (unless the State Incidental); I i huts li) in showing the killing. Where th' .? | defendant admits the killing and set# up th 'i | plea of self defense, that Is. declares that th . i lioinlcldc was excusable, the burden of proc I is on the defendant to establish the fact n ; which go to excuse the killing by the clen it i preponderance of the testimony, ns In clvl . ! eases, vhlle upo-i tfcc whol*? case the Slate 1 ''' bound to establish the guilt be'yf/rfd a retsoti u I able doubt. While the fiicttt whlelf the prb ~ j oners set up to excuse the taking of hufnai .. I life must be established by theprenOridentnc j ; of the evidence to constitute a full dt-feh-t ; these f.iels are to be Judged of In the light (: cI ttic law; they must harmonize.with othe 0 fac ts when subjected to the test of rea<on an v the crucible of law. If the facts set up ar ]. shown to be violative of reason thejury ma, ,y reject them, nnd the malice which the law In: ,. plies from the killing Is held to be pioven am P the defendant- Is guilty of murder, l'roof, li ,i law, does not mean that absolute verity whicl " may be obtained by a mathematical demon r'! st rat ion; it does not mean that absolute, nil ,i I questionable and known truth which on); .7. j the Searcher of hearts can reveal; al) cvl ,.! deuce Is Judged in the scale of probabilities it i When It Is stated in law that a fact Is proved lM . i I. Hint It ulnnHu km ht.rti li ll | lilt; it-#'" ? ...... .. ..I tho scale Hint, reason repose* oil 11?u. mora II i certainty Is obtained. .e i You ?rc sworn a true vcrdlct to give accord r. | ir>K t<? t'ic evidence. Tho evidence Is wide !Q! limn the testimony. The testimony consist iu | of words which fall from the llpd ofswoii .s j witnesses; the evidence embraces in Its orbl ' ; the witnesses themscivi s?the motives wliicl v Induce them to falsify, the defects of tlud f i morals or their judgment, their countenance y I and manner under examination, all full will: Is ! ii? the area of evidence, anil are not embrace e In testimony. The Slate is not bound to shoi the motive of the deed; there is no window c ie glass In tho human breast through which t 10 observe the play of the passions which ben <- I ngainst the walls of the human heart, an y 1 linpol men to virtuous deeds or guilty notion* iti but we are to determine the inward and lnvii | ible motive from the outward and vlslbl ,o I signs. Tills >prfng* neccssnrily from the IIxi rji i lt.itb?ns and conditions of the humun mine t! If the Stale were compelled to showsnUlclen o I motive to warrant conviction In this or an 11 oilier case of homicide/ If that were the to a-1 to iippb'i 'hen crime would be licensed an u | murder move under le;ml charter There I d | no requirement of the lav/ that the Stat y : should show the motlvo?the motive is rea it!j In the deed. The term malice is used in It ;e legal sense; It does not mean hatred nurse d long In tlie heart, nurtured by brooding ov?: ii- real or fancied wrongs; It menus (lie wleke a ! intent, formed design and malignant purpos a Impelling to the deed. It may spring up I >d the heart the Instant before the fatal blow i u ' stricke:i. The killing being proved?Inter 1 hiiiimr?tlm inw nrftsumpji mullcc* tl II. ! llOlllil _ id | the contrary is shewn. r, Manslaughter Is tlie killing of a human bi iy ing in sudden heat ana passion. Where on ,o | Is stricken, or assailed in a violent niannt it- sufllclent to aw aken the potions and feellngi n-' the law, taking cognizance of human infirm lc1 tv. reduces the killing from murder to mar t,! slaughter. In manslaughter there can be 11 is accessory either before or after tne fact J k | the very nature of the crime there was n ie i formed purpose. So that If two persons be lr is-j dieted, one as principal and the other as a< je cosory, and a verdict of manslaughter or n< te ' guilty >t* rendered a* to the principal, it aj iu i jilles to both; but If theproof establishes mu e-: iler, tlie accessory and the principal are but e. | principals In the eye of the law; commo le. | penalties and common Judgments fall o >d I both. An accessory Is one who incites, prr ce; moles and commands the commission of th io'deed; the guilt is Identical with that of tli le 1 principal, though the proof dld'ers. Thereat lb indicia, that Is, indications or signs, of mu >8- j der which are recognized by learned writei n, 1 on the law of homicide, such as preparation of for th? deed, the position of the body whe a : found, location of the wound, the Instrumer y. | with which the deed is done, the evidence of 3ii' sense of guilt on the part of the person a a Icused, false statements, or Hying from tti nilount Tlmn. nre nresuinDtion I.J I SCL'Iie l>l m<- ? - ? . pe t of guilt In law. Tlio lllght, however, may t >u'explained by tho nntural timidity of the a r-! cuHcil, or threats of violence, or nay extrao lie i dlnwry caused Impelling him to seek safety 1 rs flight. Hut he who flees has the burden < ill; proof laid upon him to show that ho tied froi iw j no sense of guilt, but through fear of populi Id I vengeance, or other cause. U.| The cause, Mr. Foreman and Gentlemen < "" j the Jury, lias been argued by learned couusc lt* i ors. The argument has been worthy of il BO cause. Yon constitute a tribunal or twelv f". I Judges whoslt upon the Issues involved. Yc ,e | pass upon the prisoners for life or for dentl "H;Yon have been admonished In terms as el Ht iiui'nt as they are sincere, bv the State's an in" I defendants' attorneys, to exclude from yoi i consideration all mutters notembraccd In tl ''' evidence bv legal rule. I assume that Juro ,ll> | will keep their Oaths. No considerations wi oe I enter in to your deliberations save those tin ue I spring from the law nnd the evidence befo: 'p1* you. Yotir highest civilization speuks her Jy Here In this temple of Justlca it erects I highest altar. If the cause be Judged by augl I save law and evidence then Is Justice woun ?'j j ed In her own choserf Nintthary. If a case 'etl! proven guilt?proved beyond ? reasonab "e i doubt?be presented, and the Jury rise nbo' 1,0 i law and give absolution for crime, then I veldeed may tho people look well to their heart or*1 stones and guard well thefr homes, or tl 00 | bloody hand of murder will lie red upon the latch-strings. Equally Is it true if the guf ! be not proved beyond a reasonable doubt, ar ^r" i th<*Jury find a verdict of guilty, they put tl "? I stain of Judicial murder on the record of tl | Court. c 1 j It Is proper that I rcftr before I close n **1 [ charge to the plea of self-defense. In order sustain this plea It must appear that the d ! fendant was himself without legal fault '"j- striking the f>?tal blow. Did not himself er 11 ' ale the necessity, by his rtwti unlawful act. "-'y. slnylng liis nsMillant? If t,1?? deeea??-d had .ol his hand a knife and lifted It Against the d ,ln fendantand cut film with It and thedefen iH>' j ant C. A. McClung slow hint 10? tbut, it la n at I necessarily ft case of self-defence. It mVflt be nj i shown that iho usuRiilt visited with deafh was |lc! not, mi as Ha ul l en fofced by hls.owu action. A. fie sees H. level n weapon at fiiin. A. not first [iu j moving to the commission of a crime. A.nd! vances, and H. uses neecsury force to insure of, his own sutety and slays A., It In held to be at murder In ii? though A; euus I>. to the floor. Self-defenne In II. mean.<t that he In himself | without fault, and strike* to nave life or limb. ,0! As an eminent text writer says, Where A. ,w; met H., and A. truck 15. with a horsewhip Pli: with the Intent to provoke ii. to assault him - ....i l> ,11.1 l> a ...... 1,1... i.. ^; from violence, held murder In A. If those de,r : fondants liad reasonable cause to believe, or jJ | did Relieve, with or without reasonable cause, ,Jf that deceased Intended to attack one of them l? | unlawfully, either could have furnished a l(j; wcUpoh to defend the other. And w hether ,jj j the preparations were for t ho purpose of commilling murder, or for self-defense, are ques c . tlonsof fact for the Jury. If deceased npprel{] liended violence from this defendant lie Imd # ul<o the right t<i prepare for bin defense. Kvof cry mHn I* held in law to be the master of his H own acts, and the guardian of his life under the law: uud If an unlawful attack was made l(j upon hlru, and If dcfendantslew the deceased, ie defendant not being In fault, and the deceased 1(? being Iri the actor deadly assnult upon hlin d the plea of self-defense Is sustained; nnd In II determining how fur the prisoners' plea Is nistalned, mchjutor must put himself In the ,e derendaui's place and rlew the elrcumslanees [j. thaieneircled hlin.and see how fur they would j In reason have lntiuenccd him before be would ,d I have slain him. As matter of fact, were det(] i lendnnts in danger? is fur you. Yet It Is ln[ cum bent on the defendants to show that they did not Invite tile danger by their own conduct, KihI that the dauber wassuch that a reasonable man would have slain Ills assailant. The defendants must make these facts appear IC by the clear preponderance ot the evidence. ,i The Irldlctmeut alleges that the decensed ij came to his death by two pistol-shot wounds. (j It cither wound caused death, the indictment n IH KUKIiimi'U. II lUU UUlL'riuunif w?in , assaulted unlawfully, and in cheeking that ,j ilmsuujI ilreil the ilrst shot und disabled his udI, vcrmiry, and lie sunk to the earth, or did not n sink, 11 the proof In sufficient that he was do)t privedof the power of endangering life of limb, IS and defendant deliberately and iti:i 1 teiou<ly jf .shot h I id tnrough the brain, though but for n that shot und hud deceased not revolved the ,( second shut he would not have lived u minute longer yet the second shot stamped defendant J us guilty of murder If he thereby hastened ,t death an Instant. Bay the authorities, If deceased were on his deathbed, in the lust stages "r ot a inortul discaso, und lie Is stubbed or sliot ls to produce death a miuuie sooner than would )r huve resulted from the discuse, it is Just as lt much murder as if he were in the full vigor ^ of health. Says Lord Hale, "it is sufficient ? to prove that the deuth was hastened by the r. act of the accused." r. 11 Is the duty of the State on the whole case 1(J to establish the guilt of the prisoners beyond a reasonable doubt. The guilt ot a party Im said to be establlsned beyond a reasonable j doubt wheu the mind of the Juror, applying .. the test of reason to the facts, in the light of . the law,no longer Inquires for material to es? tablish guilt; when the wavering balance of si Judgment uo longer vibrates but reposes, and settles down In a belief of the guilt, to u moral v certainty. This Is the legal test ofjudiclul cv* Iduncis. it Is not to be construed to mean tliut the mind of Llie Juror can conceive of more "q positive prijoi, Plat a mathematical denionc strntlou Is ncccssary, but that the proof is sufv flclenl when i-ubjecicd to the legal tent to esf tablish the guilt an charged. The tost of reaMill must be such as would bcsutlicient to con.. trol the a (la Irs of men In our everyday life. . It does not mean that there Is a possibility of the Innocence of the parly, but meanf> such a J I sufficiency of evidence that guilt Is proved to a moral certainty. Each ol the prisoners Is c entitled to the benefit of every doubton every ? fact of the ease and on the whole case: The ? State uudertakiN to prove the legal guilt of: n the defendants, and to establish It by legal ev idcnce beyond a reasonable doubt. ? Crime Is usually secret?the criminal moving to the commission of his crime often Imj amines ttiat he moves like a bird through the s air, leaving no trace behind him. Vet in tlie .. providence of Ciod the movements of his guilt ' l>olnt unmistakably to the perpetrator 01 the j crime. You arc to rc.ider Judgment in tills f ease. The lives of these two nunum beings hang lu the baluncc. lie lor whose death they _ must unswer went swiftly to his Uod, with his ( garments dyed In blood. On tills very altar of v justice lies the drapery of the living that . proved the Icy cerements of the dead to lilni. . And in obedience to that law, more ancient f than that civilization by whosu mandates you now sit?"'Whosoever sheddeth man's blood j by man shall his blood be shed." The prlsoni ees hare been brought to the bur of thlsCourt. J The man who rudely breaks thesucrecl vessel, i the frail receptacle that holds human life, , inustunswer lor It at this eurthly Judgment I . seal. Yet, he must be called to answer only j a under the forms of law, and the penaltlesof r the law enforced only on legal proof of tne r crime. You have been admonished thut con-1 ^ sldcrutlons and Impressions received beyond j . this court-rooin are not to sway your jndg(, mcnt. The waves of popular passion, If they f do exist?und i have no legal proof that thev do?however much they inuy be vexed, will t roll back when they reach the foundation of this building, where Justice reigns and law i governs. The prisoners must be Judgi d by ,1 their cause, ami their cause according to law. It Is proper to charge the Jury, In ronclu-, 1 slon, that If the defendant J. Cumpbcll Martin I t did conspire und combine wllb Charles A. Mc-| e Clung, and did aid and nbet said defendant; to slay the deceased, unlawfully und with malice aforethought, he Is us guilty as If his own hand hud struck the fntal blow, If It Is established that McClung Ih guilty of murder. But If delcudunt Martin was present at killing of e deceased and did not combine or conspire 1 with defendant McClung, nor aid and nbet | e him, his prevencc and the after uld that lie I' gave Ills co-defendant will not be sufficient to I convfct him of either murder or manslaughI ter, though McClung maybe found guilty. 3 The Jury constitute the supreme tribunal that e] In to Judge of the facts. If, however, the defendant Charles A. McClung struck the fatal i blow to protect himself from an Impending e ! danger by violence from the deceased, he lilm*! self not being in fuult. then the fatal shot Is e j excusable In law If flred under circumstances s existing as matter of fact or sincere belief. If ? after tiring the llrst shot the assault of de ceased was renewed or continued, then the '* defendunt 1'. A. McClung, if imminent danger t to life or limb still existed, or he hud reasona>' bio cause to Judge so, and could not safely ree treat, the law will excuse the second shot; for e if the danger be Imminent, one not being lu c fault, the danger erects a wall behind him. The law lorblds a man to advance rashly, but s commands no man to retreat cravenly. It " nsts with the defendants to show by the pre-1 1 r.oiirlnruiirp nf cvlilt'iuu? fimLs thllt lustifv both s hliotaj You are the solo Judges of the evl-| " UtfllCO. j- The form of your verd let, If yon And both] " guilty, Mr; Foreman, will be to write "guilty" e on tho back of the bill; beneath it write your; > hftmeand the word " Foreman." If you And " I Meriting guilty of manslaughter. J. Campbell ^ Martin 1m not guilty?there win be no accessotr ry IW manslaughter. If you find McClung 1 guilty of murder and Martin not guilty, write y " C. A. McClung gnilty, J. Campbell Martin '* not guilty." tA?f<l If you find neither guilty, J j write "not gifllty," mid subscribe it its Fore" man. Tlie prisoners are entitled to the benej1 tit of every reasonable doubt. '* After remaining out Wn houfnrtd a half, Ills f Honor luwl the Jury called into court, and! inquired if they wished lurthcr instructions [ ' or the reading of any part of tho evidence. '? The Jury asked for further Instructions lp law and the Court chargcd them again as rc1 qucstyd. I- . * Monday's Pro?eedin&s. n t Monday Morning, October25. '' On assembling of the Court at nine o'clock, the court room was well filled with spectators. His Honordlrected the roll of the jurors , to be called. Proceeding until three had been j ? called by the Clerk aud counted by the dep.r uty. ' Ills Honor said?The Sheriff" Is the only per' son authorized to count tho Jurors. Are the 1 defendants In court ? 111 uhuritr nui're?Thev are. ' The Clerk now commenced again to call the i p roll while the Sheriff counted. When tlilsj had been concluded the Clerk of the Court] l" Bald: Gent 'emeu of the Jury have you agreed j ? upon your verdict 7 v The Foreman then handed up the Indict-1 l ment, A breathless .silence prevailed through-1 j out the building, when he rend: "TheStateof; s South Carolina against C. A. McClung and J.. ? U. Martin?Not guilty. J. 1). Pace, Foreman." j At this announcement there was confusion ' s and a general movement among the crowd | ,i within the bulldlug, and a rush to the door " when ,1 Judge Mackey said?The Sheriff will arrest ? I that movement and restore order, when pern sons desiring to leare the room, must do so , without disturbing tho proceedings of this) .. court. U After ordar hod been restored Judge Mackey said?Mr. Foreman and Gen-, i- tlemen of the Jury: When I adjourned on c Saturday nltfht I told you that If you found a r verdict by three o'clock I would come Into court. At a quarter to fouro'clock the Sheriff I- brought me Intelligence that you were agreed i- upon a vordlct, but suggested that you were o perfectly com fortable, and that there were con- J n slderatlons which made It expedient not to re-, o turn to the court that night. You have dis-' i- charged your duties faithfully, and endured ! s- your privations and InconvenlenccB with it great patience. You will rclurii toyourhomes )- with the consciousness of having done your r- duty. Other citizens must do likewise. It Is h tobt hoped they will do It as well, n Mr- Graydon?With your Honor's permlsn ! slon. I will present the order for the release of )- tbe prison ess. C KKLKA.4INA TIIK PRISONERS, IC e The Judge nodded assent. Tlie order was r- passed up, signed, and read as follows: "" Stat? or South Carolix*?Cocht* or Abubtilli. IK Til* GIXERAL B18SI0.18. it The State against Charles A. McClung and J. Campn boll Martin. ie Indictment for Munlor?Verdict, Not Guilty, is Tnr Jury in the above stated caia having rendered e a verdict notgillltyjiistobofn rheabove named,Defendo ants. Charles A. McClung and J. Campbell Martin, r- On motion ol Burl k Graydon, Eugene B. Oary > and D< H. MagUl, Defondunti' Attorneys, ~>f It Is ordered that said Defendant*, Charles A Mcn Citing and J. Campbell Martin, be discharged from the ir cuntody of the Sheriff and be a llowed to go hence without day, and that the recogulannce of the Denf fendant, J. Campbell Martin, b? canceled. ij? T. .1. MACKKT, K, Oct. 25, 1880. Presiding Judge. ? Judge Mackey .look 1 ng at th e prisoners sald: . Charles A. McClung and J.Campbell Martin stund up. The Jury have rendered In your , case a verdict of Not Utility. All law-abiding " citizens must hold that this Is true. That you ? i acted In self-defense, unci are exonerated from I: i blame. But whilst I must hold this view unj der the verdict, God grant that you may here: i after use your rlpht of self-defense In greuter rp j mercy to your fellow man. Depart! et IN TIIK jniY ROOM. ts | The Jury discussed and talked the matter for it i about an uour and a half. None were In favor j. of a verdict of murder. Nine thou voted faof vorlng h verdlctof acquittal, but the othes )C three were not ready to vote, anil asked that iro more time be given. The evidence was furn ther discussed. About three o'clock the seoii. ond vote was taken, and u verdict of uciiuitlal ie | Was agreed upon. {? Disposing or Othrr Cases?SeatcncKl mg the Coavicta. 1C Isftac West, charged with lare*ny of live ie stock. Stand up. Mr. Solicitor, do you recol! lect the Circumstances of tills case? y] Solicitor Cothraii?Yes, sir. It is a case of sheep stealing. c" Mr. Maglll?The prisoner flsks me to mnkea 'n ' statement and an appealiii his behalf. This e"lls his first oflence. He lias never been In ?''court before. He throws himself upon tlio Ml; mercy of (lie court, and I lippe that you may 9"! find It consistent with the demands ol Justice (,"| to inflict upon him only a light penalty, ot Judge Jlackey? Isaac Wt3t, you nrc'cbnrgcd with Iprceny of Mve stock. Yotl Tirivh been ffl nlily defended, find have been-convicted of I this offeftco. Voti could be ??i?t to the pen!- A tentliiry ten years for thjH qririm., Although R you committed this crime secretly!yt>i\ admit- rr ted Id ihu owner, when acuused, Hint you did i?i sical the sheep. In consequence of the clr- th cumsUinces connected with yottrguilt, und In er consideration of the appeal from yourcoun- "( fel, i will Inflict the lowest penalty prescribed (U by law for such offences. The sentence of the1 ti< I (,'ourt Is. that you, Isaac West, he confined In J si ! the penitentiary at haru labor for the lunu of i I one year. G Judge Muckey?Ml Hodge Slhcrt, stand up. cii I You arc charged with horse stealing. You i ! Iiilvc iii>pn .is ;11>Iv defended as If yon had been | te I the highest person in the Stale. Your guilt I ! has been clearly proven. Formerly the pen- i ally for llils otleneo wan denth. The law has I I been mercifully changed, otherwise you' *[ I would forfeit your Hie for thin crime. Yours 11 lis a graver crime tlmn that of Isa-ic West. The Court. however, will administer the laws in mercy, and will not impose the higlieKtsun- . tence. The Sentence of fiio Court In litis ca-e 111 U, that you, MllledgcSlbert.bc conflnc<l In the Slate penitentiary at haid labor for the terin In of two years. Judge Muckey?Henry Ilolsteln, stand up. *| Mr. Solicitor, will you state some of the facts In this case? Solicitor Cothran ? The defendant was at N church where free fight occurred, in. which he 1 took nn active part. lie used a stlfck with 80 some effect on the hriul of tits adversary. r[' The Indictment was for assault and battery I cl1 with Intent to kill. I consented to accept a! en plea or n?4a(tlt and battery. I would auk thp ' Court to.be merciful.Jo .this prisoneh?to let | Sl him off by paying the fc^sts in the case. I c'' Judge Maekey?The Solicitor mercifully j commends you to tlie mercy of the Court, and j A( on that account the Court will deal lightly j11 with you in this instance. I would admonish 'sl you, howy.ver, to p*it a rein upon your tern- " I j>er. If you appear here again this mercy will wl be denied. The Solicitor asks that, you be let j0,1 oft by paying tlie costs. The law compels nie'811 to Intlict a tine. The sentence of the Courtis, that you pay a tine of one dollarand the costs ( of the case. ? Judge Maekey nddressing the Solicitor rfnld ?Can thu prisoner pay the costs t .I" he ?fble \7 | to pay? j Soiicitof Cothran?Tlie prisoner is prepared I tf) pay the c ists. Ills father Is it* ConrtflwJ j I will pay for him. ilr. Clerk make out bill of "P costs. Shcrlft IKiPr"?He has bt?en In Jail a week. at Solicitor Cothran?I hmj notcounted on Jail fees In the cost. I inefint the Trial Justice's 1,11 cohUj. It would be safe to put the sentence iu or the alternative. Judge Mnckey?The suggestion Is a good m one. The sentence of the Court is, that Henry llOISICUl Jlliy il line ui win: uunni ituu mcw.im . w oflhccase. Foiling In this lie must be con- J., fined fifteen days In the couniy Jail. p Judge Mackey?W. T. Jones and J. \\\ Ware. Stand up. Yon have been convloted under charge of "forcible entry and detain- mi er." I perform my duty In this Instance with Hi profound regret. It Is a disjrreeablo duty of; ye the court to pronounce sentence upon two Ui citizen*, by birth and education gentlemen, tn and who may have acted conscientiously? ' not with any view tolnfliet a wrong upon any one. The law however cannot look behind i the motive that prompts to action. The pub- ? lie peace has been violated. I will Inflict; the R lowest sentence which the lnw provides in *1 such i-ases. The sentence of tiifc court 18, that you pay a fine of one dollar and the cost of ? the cane, or bo Imprisoned three days in the | county Jail. thi The case of Abrnm Martin. This old negro Al was indicted for the murder of his wife in pr< July lost. He was defended by Mr. J). H. | Magili. His plea was "not guilty from in- < | sanity," The State proved the killing by the ? confession of the party and the Jury found I the prisoner guilty of murder. On Monday upon the motion of Mr. Maglll the Court Mi granted the prisoner a new trial upon the 1 ground that the confession upon which he was convicted was illegally obtained. _ B The Press and Banner -> j.u ABBEVILLE, S. C. mo Wednesday, Oct. 27, 1880. The Situation. _ Owing to the focttlatwe have devoted so much of our space to matters which trnnsplr- ^ cd within the post week In the Court House, we have no room for anything else. To those of our subscribers who live In Abbeville Ij county, nothing cpuld be more Interesting, Ooi but we cannot let the occasion pass without referring to the election,fraught with so much Interest to the whole country and which Is to take place ne.xtTucsday. With our North- fet. em friends the result of that election matters J. < utile lo iiirin so rar as me great, principles rf life are concerned. but with us It Is a cjues- mo tlon whether, our existence as a prosperous , people Is to eontlnue, or whether we will Lb again be made to suffer from the hand of the 1?|> oppressor, the alien and negro. The citizen ( tins Ills happiness and prosperity at stake, ? and the patHot sees the liberties of a people In Jeopardy. We have in theflcld an unscru- Sai pulous foe, who Is ever watchful and ready to ? take advantage of us. Shall our want of enthusiasm encourage him to make a sudden C and unexpected attack when we lCRst expect It? It Is the duty of every Democrat to beat All the polla early and late, and see that every Co other Democrat Is brought to the polls. It should be the especial duty of every true mi Democrat to protect?.the colored Democrats from insultand Injury at the hands of their eoi colored neighbors ;who may disagree with them In politics. To arouse the people of ^ Abbeville village It is only necessary to re- to mind them of the firmed mob which in 1870 *jj, came to the polls <rom Magnolia andby their Insulting gestures and menacing threats cbi spread terror to all who did not Join In their ( unlawful parade. Such an array of clubs ? was ncversecn in Abbeville. These Magnolia negroes, are fully organized, and it is ?ild, are determined to bulldoze all colored men into Voting tlieif way. Young men of Abbeville county, are you going to remain idle ^ while these colored ruffians run rough shod nu] over the true and faithful colored Democrats? We are unworthy of our past record, If we do tB)l notglve them the fullest protection. F(J tnu The Killing in Laurens. ;{^ At a negro meeting In Laurens on Thursday j infj Inst, whlleStoibrand wusspeaking, a diflleul-j ty occurred in which a negro was billed. It fori In snid thut the Itcd Shirts appeared at the meeting011 horseback and surrounded the ne- g groes assembled about tlio speaker^ stand. ? One of the horsemen rode, us Jim Griffin thought, too close to him, when lie unhorsed him by hitting him d'n the head With a club. He was immediately, flred upoti by the whites when lie ran oft" anil In the course ot ail lionr li was found dead. At the Coroner s Inquest the leg Jury rendered a verdict of death from pistol shot wounds in the hands of perbona On- |?g known to them. Ab Death or Dr. J.kwis Pkrrw.?After a long ill- Inn ncss J)r; Lewis Perrin bruMheri his last at tho real uol dence of NL\ T. II. Walker, noar tills village, on 1 Saturday nl^lit the 23rd instant *ut nn advanced age. tra Dr. IVrrln was a native of this county, but early In 1 lift* moved to Lexington, Ky., and became one of the ley most prominent citizens,of tho Suite. Abou t tlio time 'j the wor broke out" he represented hh county in the State Senate, and was once brought forward as a can- ? dldate for Governor of the State. Ills wealth wns ? swept nway by the war, and ho returned to Abbeville, where he ha* resided lor tho last few years of jal his life, lie possessed in a large degree the nobler qualities of a high manhood. The Meeting at Greenwood yesterday was j B arousing ?"uecess. It was only ? precinct ],, meeting, and yet the procession amounted i"? to two hundred and fifty red shirts, and the , crowd which surrounded the stand number- , 1 ed at least four hundred. Speeches were . , ! made by (.'apt. W*H. Parker, Dr. F. K. Gary, JJ? f'ol. J. S. Colhntn, I)r. J. C. Maxwell, M. L. 8 * I Bonham, Jr., Esq.. It is sufficient to say that the ball Is In motion, the pot is boiling, and tnl the reocile awakening to the Importance on j?, the I'd November. < The business men of Abbeville realizing th< [ the importance of work oil the part of every man on Election, have agreed to suspend nil I business on that day. Persons from the coun- f | try need nol come to town tor the transaction ? of business on the 2d November proxliuo, as Abbeville will be elosed. I The meeting at Hodges on Monday was a I very flneone. 200 red shirts In line. It Is said " I that the speeches made by Judge Mackey, Col. I Aiken, Col Cothran, Mr. Parker, Dr. Maxwell I and I)r. Gary were as fine as have been any ft Where In this campaign. Hodges Is all right. I Tuk following Is an extract lrom the CTirw- i I tiancil TJ'ovA.-^'From a single grain of Fultz wheat .Jacob Chandler, near Nil-Cuba, Delaware, says he obtained 809 grains." This Is the kind of seta wheat to buy. You will And plenty of it at White Brothers. ? W/ioows ! Wagons !!?Seal a Mcllwalnc C have'Just received a carload of Western Wtig n> ons of all sizes which they Will sell as low and dc guarantee to be as good as any Western w&g- N i ons ever brought to this market. Spt2fiti A M,'?iv RI ED. October 21. 1880, by Rev. Mr. .To dnn. at the residence ot Captain W. J. itiiOk.Mr. C. H. I.INTICPM and Miss STELr v I La GIiIFFIN, Loth of White Hall. [0 Attention Democrats !?Let every Democrat on the rolls turn out at the meeting of;(] Abbevll.e Democratic Club next Monday I evenh g at half past seven o'clock. Examine While Brothers best unlaundrled shirt. Price, one dollar. T1""* are branded White's Be?t, and arc really "Vortli having. ai I The meeting at Cedar RpTlngsto-day will * V i be a good one. ('apt. White nnil a company j of 40 red shirts have gone down to attend it. j The Rev. E. P. Davis will preach at Bethia lr i at 11 o'clock on the 5th Sabbath and fake up re I a collection for the Theological Seminary. tt Ladies, If ,ou want a prelty and stylish F1 hat be sure to try the Baltimore milliner at:11 j the Emporium of Fashions. I .Gentlemen, don't forget those handsowed > boots and gaiters at White Brothers. They | are tho very best. | a* I Another lot of those beautiful dress goods ! ? I at the Emporium of Fashioiis. I y A few more Indies' cloaks left at White i 0| Brothers', fall and get stilted. Estey Organs. A Superior inntrunient at;. Dr. Parker's. ft jjj At the Hook. Mrs. M. fl. Clinkscales, Octo- {?' ber 7, 1S80, a son. ! fti 1 w ^^^??* C( . 1 Notice. j p' THE Annual meeting of tV Hoard of Tru - lr 'tees of Estate of l)r. I)cl.a Howe will bo | i Iwld at I.elhe on 2d Friday of November next, j i A Superintendent and Teacher for tlio next ; year will be elcetcd. By order, | WM. II. PARKER. 1 Oct '-7, It 1A "-^ra^nfririiiiIihi nf 11 mi i le Williamston Female Qfllm KSPECTKrM.v offers Its Rcrvlce? to those P'? nt* who desire to xecurc for t!n?lr Uauihteri le thorough and symmetrical cultivation o iclr jJliyslcal, Iulellectu.il. and moral pow s. it.is conducted on what Is called tin ;ifB-CT30T" PLAIT. with u Skmi-Annuai If-KMI.'I.r Mtml v un>l l.v II smtrm (if Tui onnl Premiums, Its Low liates are mntli llllo^rfbr ALL who average ?."> per ccnt No Phbilc KxerclHea. No "ll?*ptions.radUulltln, which is always private, may oc ir elaljL tiitioK a year. Foriuil Information, write for an Illustra it Catalogue. Address, U10V; 8. LANDKIt, President, Oct 27, fiO.ly WilllainKton, H. C. retice that Bankrupt lias Ap plied for Discharge. the District Court of thp United Slates?Fo the District of Sotfllt Carolina, the matter of Miner .fc Watson, HunkruptIn IJankruptey. t Charleston, in said District, on the lOtl day of October, A. D. 1SSO. 7 0TICE is hereby given thata Petition hm I been llled In s.iid Court by J. Hales Wat n of the firm of Miner A "Watson, Hank pt*. of Abbeville, in said Dlstiict, duly de ired a Bankrupt, under the *ct of Congress tilled "An Act to establish a Uniform Sys m of. Bankruptcy throughout the Unite* rites," approved Match 2d, 18ti7, for n Din urge and Certificate thereof from all hli :btsand other claims piovtible under rait it, and that the 10th day of November next (ireenvllle, 8. C\, bef.ire J. II. Whltper, Reg ter In llunkiujitcy, nt liisrltlee, 11 o'clock, tn., i.s assigned for the hearlnfjflof the same lien and whero you may attend and shov use, If any you have, why the |*iyerof tin Id Petition should not be granted. E. M. SEAliltOOK, C. L>. C.U.S.S.C. Oct. 'Si, 1M0, 31 Sheriff's Sale. . 9.' JUsViii ni Administrator. Ac. against Jamei Marion Carlisle am! Isaac Carlisle. Bide ITnd.ran Bxecinlori. IT i!rtue of ah Execution tn mo dlrCctail, in thi above stated c*?e, I will Sell tn the highest blddei pnlillo auction, within tbn legal.hour* of aale nt Ab vlllc Court Huase on Sslcil.iy In November aext ? following described run) estate, to wit: Oue trac pared o( fund, cntululng E1G1ITY-TWO ACKT?, >re or les>, botiniled l;y lt'ndsof Nancy Maxwell, A Bowman, Alexander Ollrcr, UI;nold A. Groves *r,i irgaret II. Carlisle, hold as the property of Marloi rlisle. Also one tr et or parcel of land ou lioS. eek, waters of rt:i*.iii'inh Hirer, containing TWO HUNDRED AND V1FTY ACHES, ire or le<8. and boundad by lands of Itie estate 0 igh Maxwell, estate of JuuirsT. Allen, Mary E. Oil rand Margaret Carlisle. Sold an the property o lac Carlisle at the suit of W. S. liuskln as Adtulnis itor. 1'EHMS CASII. J. F. C. DcPBE, S. A. C. Sherifl's Office, 1st. Oct. 1SS0. iNNUAL MEETING. 'HE Annual Meeting of the Board of Connty Com' ml'alnniTa tor Abbeville Count? will be held il ?!r offlci on Tuosdav, lb# 2nd of November, next I persons holding claim acalnst the couuty wll ?sent thrm for filing ?n or 1 cfore that dar. U. M. MATTISON, Chairman. 3c1. 18, 1650, tf Sheriff's Sale. irtha A. Cozby against J.inrer Marion Carlisle ant IV. 8. Baskln as Administrator. Jinlgni?Bt lor J'ureclojnro, V virtue of a decretal order 1/ Judge Tlioma; 1 Thomson, In the above staled c so, I' mill sell ai bile outcry at Abbeville Court H>>iif.e within the lo> hour* of sale, on tjalrsday In Nuvvtiibvr next: Thi low!ujf described real estate. to wit: All that jmr or tract of land lylnn and being in the County uiiil itf afnrcs.il I, on Rosa Creek, waters of SjvauuaL ver, containing EIGHTY -TWO ACRE?, ire or less, and bounded by lands of Nancy Max^ II. AlonuZ. Bowman, Alexander Oliver, Rlgnold Grcves and Xlarg .rut B. Carlisle, Sold as the propv 0/ James Marion Carll.-la. I EUMS t'Aali. J. F. C. DdPBE, 8. A. C. Sheriff's Office, 1st Oct.,18SO. Sheriff's Sale. arlos Schmldlapp, Jacob Schmldlapp and others .gainst William A. Liuibecker. Bale under an Execution. Y virtue of sundry Executions to me directed, in the above staled ease, I will sell at Abbeville urt Hou?? on Saleday lu November next, the folding described property, to wit: ONE STORE HOUSE AND LOT the town of Nlr.ety-Slx fronting fifty feet on Cam ilge street, running baek about one hundred and te t, bounded by Cambridge etrect, W. C. Koiicbe, II. itid C. Klnard and F. W. Wagener 4 Co. Also THIRTY ACRES OF LAND re or 1m*. hounded by old Fort lands, lands of J. Phillips, Inland ford and Cambridge ioad? and land Hettr? K. Turner. Hold as the property of Win. A. nbecker. at this /tilt <<f Charles ana Jacob Schmldp and others. Terms cost. J. F. C. DuPEE, S. A. C. )ct. 6.1SS0. Clerk's Sale. -ah A. Plnson against Ainouel I'Iusob, II. M. Plnsou .nd others. Decree for Partition of RpoI Estate. (T virtue of an order of Coart to me directed.) will sell on fia'?edi?y In November next, first >x for pirlllion, thoi following real estate, to wit: I that tract or parcel of land sltuuted In Abbovlllt unty. South Carolina, onUtlnlng ONE HUNDRED AND SEVEN ACRES, >re or tes?, bounded by lands of Elinore Canev. Johr Jtoazmao and others; also the ONK-THIKD In est Id a parcel of land, known as Puckcti's Kerry italnlog SEVENTEEN ACRES, more or less. rERMS OF PALE. One-half the purchase monev bo paid In cash, the balance on a credit of one jeai th Interest from date of sale, on credit portion nr isers to give bond and a mortgage of the premlsei secure llio credit portion ot purchase money. I'ur iscrs to pay for Kiiiers. M. O. ZEIGLEE, C. C. P? A. C. 3d. 6,1SS0. tf Sheriff's Sale. Iin 0. Edwards and others njalnst Epamlnondai td'.vards, Administrator, Ac. Decree: I r virtue ot a <!ecr?e or jnuire t. i>. rranr to me directed In die above stated ciM, I will sell al bile outcry at Abbeville Court House, on Jjaleday N'oveiiibsr next, the f >llowinc ll'-al Estate. to wit: e homo jilaco of Andrew Edwards, deceased, cunIICNDRED AND SIXTY-TWO ACRES, re or less, and bounded by lands of J. 8. Williams, J. Hum, wstntcj. W. Panney et al. fold under a :reta] order In the cau* above sta'od upon the follow: terms to wit: Ono-thlrd of the puicliused money be paid in cash and the balance on u credit of ?>n? 1 two yours with Interest from day of sale, the dered payments to be scored bv the bond of the puriscd aada wortL'age of the preinltts. J. V. U. Dtrl'llE, S. A. C. ibcrilTs Office, Oct. 6, lSbO. '* ~ Sheriff's ?ale. D. Merriman agclnst J. M. Mosely as Administrator and others. Decree. Y virtue <>f * Decree to n>e directed in the above stated cast- 1 will sell nt public outcry within the a] hours of s?U- ft Abbeville CourtHouse, on Bales In November next, the following drserlbed H*al ;ate to -Ylt; One tract or parcel of bod containFIVE HUNDRED ACHES, re or less, Situate, lylnif and-being in tho county ol bcvillc, 8tuU) of South Carolina, ?n ( bounded by da of 15. F. JJeynolds, Jrio. H. buuiple, Frank Aril and others. ,'he a bow dfitcrlbed tract to be divided into foui cts, plate of escb to be exhibited on day of tale. )ecreed (o bo ?old as tbs properly of Charles Mo?edeceased.' PEUMS of sale to be made kno- on day of sale. . J.F.C. i . I'KK, 8. A. C. iberiff's OOicn, Oct 4. 1SS0. ' Sheriff's Sale~ nes 8. Cothrnn, Assignee 4c., ayalnst Jauies If, Gilliam, and Wm. Alaglll, Scle under an Execution,. > Y virtne of an Execution to ine directed in th? above stated cane, 1 will toll at Abbefflle Court use. at iiiiiilie auction within the legal hours o e. on Salrsdav In November next. The interest o: inea M. Gilliam, being a t^w-thir(U iniereit in fb'< ct of bind known as the Summer Cabin place, sit led, lying and being in th? county of Abbeville ibj of South Carolina containing ik m-Nnnirn anh ftvtt vtvp. aphw ire or If in, ftn<l bounded by lands of W. W. SprouM ckson Ilnnimund, J. Allen Harney ?rtd others. sold as tbe property of Junn 8 M. Oilltun U satisfy j above elated Execution and costs. I KKM3?CAsII. J. 7. C. DrPRKE, 8. A. C. jherlfll's Ofitlce. Oct. 4, 1HS0. SALE OP IE AL EST ATE! [Y vfrtueofanthorilv vested In ;ne, afcth I aasfgnoeof William Agncvr, Sam'nel ,Ag and Henry K. Bonner, lute mehchant* >Ing business under the Arm title of AG EWS & BONNER, In tfietotfn of Duo We? bbevllle County, South Carolina, find also a ic asslgneeof William Attnew. I will scl Ithln tlie .usual hours of sale, at Abbevlll >urt House, on the FIRST MONDAY li OVEMBEH next;at public auction, thofo wing property; me Store House and Lot tiown as the "Old Drugstore," and also One Vacant Lot Ijoinlng the same, both In the town of Du Test. One Guano Ware House i Donnldsvllle. built on jbe side of the Rai Kid tract on the BcpoTTot by the convent < ie Greenville and Columbia Railroad Con iny. Said Ware House Is capable of contali ig two hundred ton* of guano. One Fine Plantation islgncd av the Individual property of Wn Knew, lying on the waters of Long Can reek, bouivied by land* of R. S, Gallowu; . C.sliafp. Dr. Norwood, Clarence Duun an :licrs, and containing l'OUR HUNDRED AND SIXTY ACRES r recent survey; This Is a very valuabl notation, contains about 100 acres well tin irnd. original forest, has good dwelling liouf )il all necessary farm buildings. It Is w?* atercd, In a tine state of cultivation, an mtains a I urge and very superior body < ttioni lend, I will i>e pleased to show It b :it orothprwi.se to person* desiring to see i TERMS OF SAliE CASH. I'ureiinsers pa; i'lJ for papers* Possession} Ivon immediate!; WM, HOOD, A??i(;nee of Agnews ?Sc Bonner, and of Wn -new. [Oct. 1:5,1SS0. : PINE | PHOTOGRAPHS s -AT ALEXANDER'S TENT; . BEANCH MUSE YABD. 1 . . . /"?ive him ax early call. will re8 u rain but a short vhile. ; Oct. 11,1880, tf . * Head ! Read!! Bead!!! I T WILL DELIVER TREEB IXAttBEVltLE: i. J County ni follow*: At Donalds N6v. 12; s| Abbeville C. II. Nov. 1(1; Hod!*'-# Nov.20;' j (Ireenw.opd I<ov. 22; Ntiiety-Six Nov., 2J.' Don't forgot where yotfr trees aro to ' I! erud and meet me promptly on the dny tlov"! named, oud get your trees fresh. n.p.henley." J. Agent for Jlcnry, Rust & Co. , Oct, 13.1S80. ,, . - .' Administrator'a Sale.' * ' 1 will sell on thursday the 25th," , 1 or November, 1880, at the resldf-nce of the . ? late John McClaln. the following Real and * ? ' Por?onnl Property, belonKlnjf to the estate of r John McClaln, d^ceas^l, to ^It^. I Fditr Hundred and Ten Acres of land, bounded by BlgTIopefcln Creek,landft" ,vf VI 11 r'l!i%L-urtf?K??? T.?i?rta \f A.Ma., W a?' > i! l'rnitt and others. This tract of land will be' sold ?n five parecls, plain of whlcli will be ex. hlbltcii oh any of mil.. 1'artle* wishing to*o? " the plats bcfurc stile will will on me for the i-ame. The personal property conalgU of [ Household and Kitchen Furniture,' ' %'e \ ^ - Farming Implements, 2 Horses, 1 Mule, 12 ogs, * 4 Cows and 1 Wagon. , ' Tc-rmsof eale of .R#3l'\Estate: One-third: . cash, balance(jn^lVslTPinftrithsdrddlt.Becured" , by bond and mortgage, wltli tulercst. Personal property CAttlf. .. E. HARRIS.. Administrator, W. A. Oct. 20,18S0,3t. ~MiN AGfCltS ?FOR THEGENERAL JLECTlif.. THE following named persons have boon ap^ polnled Mnnoscre for the genentleleclton' ; to be lreld on Tiiexday, 2d November, 1W:' 1 The rbafrmnn of the seveHiJ Boards will meet' at Abbeville Comi House on Frtdny 2'tfi iD?V to receive'the boxfcs, pipers and Instructions for holding said election. Abbeville. <r, M. L. BOMHAM, A. W. JONES, , , J AS. S. WILSON. ? Cokesburv'. A. B. EJ.LTS; . o. L. SMITH, > W. It. KICIIEY. . DonnalJsvillei A. M. JiOliSON, X- IT f!H*ATH WT W. E. BARMORE... Chiles' Crdss ftoade. J. If. WIDEMAX, J. W. CHILES, G. M. SIBERT. Long Cane. MtXARY COCIIRAX, L. C. CAtiVKR*?. . V.'. E. MORRISON, Bradley's Mill*. G. C. BRADLEY. R. A. CRAWFORD,T. V. CitKSSWELLu McKtUrick's Mills. J, W. PEAKE, B. J. WAR I) LAW, J. C. JENiS'INOS. * -> Magnolia. ' ' 0. C. RILEY, . J5D. CALHOUN, S. C. LINK. Loumdawillc. . J TC MOSttT.fev' J. T. Mci)iLL, i G. V. BURDKTT. Centrcville. ioRV L. &LACK, , ?. J. DAVff!, SAM K30X. i Mount Carmel. R. A. McCASLAX* El). CALDWELL, 1 J. L. COVIN, Greenwood. ;. JOIIN ft. MOORE; C. A. COBB, ' L. SIIEPPARD. ! Zhtfc JFesk , A. C. Cfclk'KSCALES, Pi If: HENRY, \V. C. HADDON. Cedar Spring*. J. E; BR ABLE Y; J. C. LITEM,H. DRENNAN.. ' J. B. PUUOSK; S. & McBRlDE. WJI. POWELL; Nincty-Sit; JOIIV A. MOORE, r. M. POPE, '*' s;' *-' JVALTER RICHARDSON. J. T. ROBERTSON, T. F. RILE?,' v . A. R. BURTON, > ; . Commissioners ElectionOct. 20,1880, if State of South Carolina,' County of Abbeville; .. Probotc Court?Citation for Letters of Admin! lstratlon. . w. t * r By. J. Fuller f/vo?, Esq., Probate Jovar. | torn AREAS. M. G. Zelgler, as C. C. C. pX IF .mude suit to me. tograut him letters of Administration of the Estate nhd tWeets of ' Allen ltengan, lo,te of Abbeville County, de-. ceased.' \ S These are therefore to cite and admonish all. and singular tb$ kludrcd and creditors of tho aid'A fieri Keafean,'(T"ceaScd, (hat they. l>e" t j and appear, before me. In (he Court of Probate. to be held ut Abbeville C. II., 011 Wednesday. November the 10th, allpr publlcn-.,' Hon hereof, at 11 o'clock In the forenoon, to show cause, If nny they have| why the said Administration should not be granted. ' 4 Given under my hand and sfcal, this 28th. day of September; In the year pf our1 Lord one thousand clfrtit hundred and . eighty, and In the one hundred and fifth year ol American Independence. I Published on the 2S)tli day of September. _ 1880, In tho AlibH-ille 2Vr.u and Iiaiwcr and* 1 I on tlie Court House door for the time requlr! ed by law. J. FULLER LYON, . I J. Pro. A. C. Sept 2), Gt * ^ New Piano.' . 0 . 1 NEW and splendid Piano; from tbe Mc i /V Smith Music House, of Greenville. S. C., * f* i can be seen at the fealdeliee of Mr. J. D. Chalt: mere. ('ai1 an* ace a first class lnstruuient. s Oct. 20th, 1SSU. . . I For Sale. I- , A FARM OF T^REfc llUNDRED ACRES, near Willington/ten to twelve of creek '; bottom, forty in woods, balance good for ct>t ton and grain, dwelling, out houses, orchard," , .tc. Witnia a iadl?of proposed line of Ralll road, five miautes walk of the Presbyterian church, hear to schools, and in a thickly set/ tied neighborhood. Is one of the most de?irae , ble locations In this section. Apply to Wm.' A. ?.ee at Abbeville.or to subscriber on tiio place. . ' ?, . J. E. DUBOSE. 1- Oct. 20. *880, 3t. >f . :?? . 1." Bed Clover Seed. . Orchard Grass Seedr EDWIN PAEXEE. 1.1 0?t. Is, 18S0, tf ^ WILSON'S. I Livery Stable. i\ .. ?- . i \VIIEX YOU COME TO ATTEND COURT. " *V put >oui horseupat James?1. Wllkon'HStable. Polite and attentive hostler* and * plenty of toed. , Oct. 10, ISso. if tlllll.DREN'S CARRIAGES. Volocl|e?i>i, I Hoy's >Vauons, ifuciveil at (Xt-V, J. I>. ClIAl.3il.nS.