The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, February 11, 1885, Image 3
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<T ' 11
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.SjM'oel* of H. n<-nrt. Kv<|., i>i IU?
linlf of !??? Prisoner.
Time?One liowr sinl tlilrly-fivo ininntts.
Mui/ it pli'H.tr ?/'??r Mr. l-'ofd)I'tK Utvi
llenltfiHra at llf Jurj/:
on more than (Hie occasion I hnvcarisnn l'>
fore t be .1tsrics ni A t bevlile ('utility I?? ?i r\*:t<3
;i y.iuny; in::*i 0:1 rr::11 !?r I::< 1 ib;:l I ;mi
sure wsit a?t\e \\ ill: UK'lh.i! imav' t!; ;t
has ever conic for trial in thi> cviirt room hi.
presented sk many i loan'Mis of intenso-t interest
as this trial of John Ferguson. Yours
)s mi cn viable position. In tin- lansuajre of i he
counsel for I In* State, "{In- eyesol tin- county,
\ I e eyes of the State, are npon yon," tint what
\loes it. matter to you if the eyes of the world
1m- upon you ? Von aro nut ! > In- iniluciMvd
liy public opinion whether it he for or ujaius!
si prisoner. In the sense in wliieli the counsel
lor the State n?cd t'lis l-m^tia-je I pronounce
it unworthy of you as jurors of Abbeville
county. Yon jtrc >worn to do your duty in this
vase between the state of South Carolina and
the prisoner ut the bar, and a true verdict
i.*ive, according to the evidence, so help you
Cod. A nil I say unto you. sent lemon of the
.Jury, that forgi-tliini public opinion you are
to rcii\oniber that tne eve of (Soil is upon you.
v<Ml have boon drawn its Juror* iroin mr eiuy.ons
of Abbeville county because !hey
tli.il you will <! > your duty ami it ivy put their
* rust in you as Jurors.
Never has a .fury in a murder e ise been appealed
to as you have been !?y the counsel for
IheState; I <| tit-si ion if his Honour in his
Ions ami honourable eareeras lawyer, magistrate
ami Judge, has ever before hoard appeals
lifcailc hy t!ic prosecution based upon newspaper
editorials and public opinion. 1 donb! if
no ever before hoard of the News and Courier
1 e lie filed to a Jury ns an authority t'> aid
ihem in coming to a verdict in a murder case.
The terrors of lynch law, too, have been depicted
before you; why. I cannot loll. Certainly
nowspapoi- articles and fears of lynch
law van have no part in your deliberations oil
1 ho evidence In this case. Cowards, cravens,
sind miscreants would you If if you did not
allow that Hart of the State's argument to go
jtl at one ear and out at the other.
I soo before me representatives of th" prom? 1
the .Vcia (ui'l ('imrirr, the Uri/istttr, the .1/>/?
rillv I'rms an'I the Miiliiu.), and the,
nit/cr. I am glad 1o see they are horo.j
but with their pro-once hero, what have you i
iis Jurors to do? For the press I have the pro-1
roundest admiration, of its beneficent inilu-i
?*nce I am fully aware,but I take this ocea-j
Mon?and Ills Honour I am sure will not In-'
lerrupt me?to enter a solemn and indignant
protest against that system of writing sensational
reports of criminal events wliieh are so
potent in turning public opinion against a
prisoner before he comes to the bar of Ills,
country to be tried. Are remarks hastily!
writ ten and based on insuMlcienl amies parte
testimony to bo used against a man on trial
Jor his life? Is the testimony taken at a cor-1
oner's Initios!, whore the prisoner and his!
counsel have no right to tie present, to be published
to tlic wor'd, unaccompanied l?y any
evidence for the defence, ami thus to ercatoin
^ the minds of the citizens of bis county, from
whom Ids jury is to bedrawn. a bias, a prejn-j
?llee, perhaps a convlction against the prison-,
or? And yet in this case it- was done by lues- '
songors Mooter than the wing* of She wind,
the one-sided testimony was Hashed to the re
molest corners of the State, and the people of,
South Carolina were startled next day by tol- j
ogrsiphle reports that in Abbeville town, on j
Christmas Kvc, Arthur M. Benedict had been ,
murdered by John C. Ferguson?"killed him I,'
for a load of wood." (.Jrnt'emon of the .Jury, ]'
I speak with fervour. 1 cannot help it- 1" ,
the interests of Justice, such reports ought |
Hot tube published. No wonder that the editor
of the News and Courier, believing such ,
uncontradicted testimony to bo iruo, wrote),
the article referred to abo'ut pistols and grog- (
shops. I hope it- will do good in the right;
place. I hope it will do good to the loo nn-jj
morons class of .voting men who carry pistols |j
mid go to grog-shops, to the dozens cf young , (
rnen now in this court-house with pistols in
their pockets, I sincerely trust it will do good, j]
For them ami such as tlicni, It was imenwi-o,,,
hul not for yor, gentlemen of the Jury. Willi \ j
1 hp carrying of concealed weapons at.d with j(
the drinkingof whiskey yon hsjurors in tliis ; (
1'um? have nothing to do. You have been ap?||
pealed ti> to-day to put down the carrying of! >
concealed weapons by your vcrdict. Yon have
been told you must by your verdict teach the!,
young men of the county mid of the state that jj
they must not go to grog-shops or carry pis- j |
to|s, but let nie tell you. that you are neither i,
school-ma?ters nor apostles of temperance. | (
You are not eiilled upon to tcaeh lessons of |
peace nor lessons of temp"rance. It is a mis- j (
foneeption of the province of Juries to sup- |
pose that they are a part of the machinery ol j
the State to "prosecute offenders. Far other I,
was the purpose of our forefathers when tiny j
introduced the system of trial by jury. That j t
kystern was inteudeil for the protect ion of the, t
defendant and not for his prosecution. The |
Jury is to stand as a bulwark between the e.c-J,
cuseil and the prison?between the accused j
ami the gallows?to see that he shall not enter j t
the one nor ascend t lie ladderof the oilier un-J (
til twelve of his peers an<l ??f his county shall j _
have heard all the evidence lor and against L
him and shall have pronounced him guilty.L
John Ferguson was arraigned on this charge (
for murder: lie pleaded not guilty and put '
hlmseif upon <>.td and his country, which U
country you are. Your plain, solemn duly it ,
Is to pass upon the evidence for the Slates and i |
for the defence to listen to the law which liis j
Honour will give you. and to render your ver-1,
diet in accordance with the law and the evi- j (
deuce. You are not to he intimidated by pubJic
opinion, brow-beaten b.v newspaper edito-l
rials, nor carried away unduly by the impas- (
stoned appeals of the prosecuting attorneys. (
It you find John Ferguson guilty of thecrime
charged, then. Mr. Foreman, take your pen i <
and with a steady band write on the indict-ji
inent Hie fatal word "guilty." If on the other ] i
liand, you come to the conclusion that tlie j <
State has not made out its ea*e, h?s not satis- | i
Jieil your minds beyond a reasonable doubts
that John Ferguson Is guilty of murder, you;t
will write the words wiiicli will grant lilm ! |
life and liberty?"not guilty.'' You have j >
heard our defence. You have heard it eharae- j i
ierizedas "ingenious." You have heard it
ridiculed. You have heard some of its strong-1 i
?st points mad" the sport of Jokes and crlti-ii
cisnis. It has been usMd to furnish food for t
laughter to this Immense multitudeof people, t
This Is too serious and occasion for levity. I f
Laughter and jokes are harsh, unfeeling ami (t
out of place at a murder trial, in the presence > >
of ihr? nrlsoner. his heart broken young wile, j i
of liis mother whose face Is drawn with an- j l
gnlsli, of n gray-halrcd father. whose tear-;arc . |
coursing doxvn his checks. When you reflect I
lint the Issue Is oneof life mid death?that ?t 11
tiie close of Mils trial John Ferguson will walk j 1
nut of this court house gui:ilcss and tree, or i
that he will be tafcen hy the officers of the i
law back to the prison, placed in the eon- |
demned cell, to he tlicnce led forth at the ap- >
pointed day to the fallows erected 011 that fa-1 j
f il hill, there lo he handed hy the neck until;.*
lie he dead, dead, dead-surely when you rc-;<
member these are the awful possibilities, you 1 >
will agree with me that in this place at this;;
time, mirth is unseemly and laughter Is 1
cruel. s
Gentlemen of the Jury, I well remember:
the day when the bloody deed was done. It [ e
teas the day belorc Christmas, a dreary, raw J.
And dripping day. I went to the woods witliu
i? tncrry party of maidens and children to f
cat her holly and mistletoe for Christ mas, that ' r
(season of inirtii and jollity Christinas Kve, | s
has to me peculiar associations, hallowed and | sacred,
of "honest mirth and thoHghtsdivine" | 1
?associations certainly far removed from <
deeds nf btoo<]. When we came home. ! <
found that, old man? that grief-stricken fatheri j
?in the house, awaiting my return. In cholc- j 1
I.15 accents, he said, "Johnnie has killed Ar-! ;
thur Henedlcl." He had come to put his son's [ r
c-ase In my hands. I knew John Ferguson, at ; >
JlrstTdid not know who Arthur ltencdici'j
>ra?, but on enquiry I found that he was a ,1
}oung man whose mild, pleasant fnee often ; <
attracted me. I then remembered havingj|
seen hi 111 as a clerk In Jones Miller's store. J t
and afterwards on the other stile of the square; l
at Auerhack's store. His name I did not j i
know, but whenever we met. we said goodmorning.
I remembered also that at the last! <
term of our court in October, I had seen I1I111 1
standing here with his hands upon tne liilde,!
taking the oath of allnglanceto tiie eonstitu-l ;
tion and laws of America, whereby he became 11
nn American citir.cn. And that brings me to 1
s-dvcit to lils nationality, lie was a Jew I'
Hut why has the Stale's conn.-el seen tit t?>|;
comment on that fact so much and so point-j I
ediy? What has Ills nationality to do with I
the trial of John Ferguson ? This is no con-! i
tcht between Jew and Gent lie. As for me, I'l
will stand second to no man in my regard 1
and esteem for that historic Hebrew race, ot j
vrhleh poor IVnedlct was a member. Hut it
why has the counsellor the State rung Itieji
chances on'*a damned Jew ?" Yon are not' 1
trying .'.>hn Ferguson for killing a Jew, he is!;
on trial Up- the killing of a human bcingslain ' j
In the peace of 1 i ?1;?:i<l of this State, a na'nr-j
nlized American citizen. You will therefore, 1 ,
put fur nwny .'torn your mlwlsail suggestions!
of race Instinct anil prejudice. for with tlusj<
cusp,such thoughts have noiiilns todo. p
May It please your Honour before proceeding
to ar;rije ||ie facts of the ease to the Jury.!
your Honour will permit uie to sum up vliut
the counsel for the defence consider to he She ;
propositions of law applicable lo this case. j
Mr. Benet then read the following proposi-j
tions of law, briefly eotnmentingon cncli one: 1
1. The defendant i? prowimHl by )?* to he sane,
ttils presumption can be removed by lilm, r.nd if the
evidence of insanity preponderates, be is entitled to
an acquittal.
2. The State ran rely up?m the presumption of <an-t1
ity t<> sustain the ii.dictmeiit and to rebut evidence of
Insanity, hut il the Str.te Introduce* evident-.- of sanity,
they must |*-ove theguilt beyond all reasonable d< tihf.
H. If the Jury believe from the evidence adduced, {'
that the insanity of the prisoner, when the homicide j t
Was committed, is probable, they must acquit the j
prisoner.
4. If th? Jury believe that the defendant was probs-i
My o| unsound mind at any time before the homicide, |
unsoundness of mind at the time of tHe homicide is'
presumed until the contrary is proved beyond all rea- j
Sonalde.
5. If the facts proved as to the unsoundness of Forpisorti
mllid, at ami before the homicide, have raised j
in the ndnu of the jury a reasonable doubt of his c?
tiaeity to act with a criminal intent, they must acquit I
Llin.
6 If the jury entertain a reasonable doubt that J-'er- j
?nson was of sound mind when the homicide wis!
Committed, they must give liini the lwnegt of thst j
tloubt, aud in that Case their TvrJiet inust be not
(ruiltv.
I. If the jury have a reasonable belief that Ferguson |
tea* of unsound mind, when he committed the hoiui- j
tide they must ac.iuit hit::.
S. If the jury believe that Ferguson was laboring j
under adelus'on, when he committed the homicide.!
hud that he killed Benedict while acting a? he sup-I
posed in self-defence, supposing that Benedict was I
Attempting to take away his life or to inflict great!
bodily harm, they must acquit him, even though the ;
d inger was wholly imaginary.
"J. If the Jury believe that Ferguson, in committing
the homicide, acted under un uncontrollable Impulse]
wliich was the result of unsoundness of mind, they
must acquit him.
10. l"nless the jury believe Ferguson was capable |
t>f acting from an evil intent and that such evil intent!
liflii arisen in his mind before the act was Committed
thev should acquit.
11. The jury are to consider the suite of Ferguson's
mind at the time the homicide Was committed and if
the evidence prodin-ed establishes the lact that his
mind was diseased he should be acquitted.
12. If from the evidence the jury believe that Fcr- j
jtuson was subject to epileptic tits, it is a matter j
which they must wei^li in determining his guilt or
innocence of the crime charged, and if they entertain
any doubt whether Ferguson's mind was sound or!
unsound at the time of committing this act. by reason
of epilepsy they must give bilu the benefit of that
douot ami must aequit.
PI. If the Jury have a reasonable belief that Fergu-:
son's mind, at the time of the homicide was im- |
paired by epilepsy ami by long continued and exccs-;
siv* drinking, tliey must acquit.
14. When the State introduces evidence to prove1
the sanity of the prisoner, the jury cannot convict un- !
less all the evidence in the case be of such a nature as
to satisfy their minds beyond all reasonable doubt |
that the defendant is guilty.
15. Although the law may presume mnllco from the
act of killing, yet, when the State has introdnivtl testltnony
to prove the circumstances aitt-ndihc the horn- J
icide, front Which a conclusion of malice or want of
malice U to be drawn, th? presumption of malice is
* not applicable to the case and cannot he relied on but
the jury must he s.ulclled of the existence of iuslice
beyond all reasonable doubt.
16. Although tile law presumes the sanity of the
{irlsoner. yet, when the State has introduced evidence
o show the state of the prisoner's mind at the homicide
from which evidence as conclusion of his sotnid-'
lifss or unsoundness of mind is to be drawn, the presumption
of sanity is not applicable to the case and
Cannot be relied on, but the jury must be satisfied of,
the prisoner's sanity beyond all reasonable doubt.
17. Although drunkenness at the lime of the homicide
is no excuse for crime, yet, if the prisoner's mind
has been rendered unsound by Ion? continued and excessive
drinking, the jury must acpiit him.
li If the jury believe, that the prisoner's intoxication
at the time of the homicide wa? the result of
drinking to soothe the pain of erysipel is, or the result
el impairment of mind because of epliepsy or of im)talriuent
of mind because of lung conllnii- d and excessive
drinking or tne result of all three causes combined
; and not of drinking wantonly, or with malice
jMepetise, he is Hot responsible loranv act committed
1>y him dit'lng tlw temporary insanity produced by
such intoxication.
ID. The enormity of the deed and the apparent ab<
ftcnce of motive in this cjise; are u> l>e considered by
the |ury as presumptions of Innocence.
2<i. In oscertaiiil"g the soundness or unsoundness
of the prisoner's mind at the time of committing the
set, the jury must take into consideration his whole
life, bis epileptic Ills, lus'.auocs ul similar disease iu
I
iivi'iVts of liis f.sjtii'y. Ms ii'inii-'.l ?i>>-1
.1.1 !: rli jnk?Jiilt-Mil j.-n l>n-;.i'r|'!ir i?k, fii> \
l<i vMi-iiiv, liis iii'Mtf !iiirn M l
Ii!> !?til> in tin* b:;rk, M> iiiclriiirlinly, his l!.r-*:?ls ? I
miIcuN-, :iii?l tho want ifiuntiw in llio ciiiiiiiN.?i?'li < : j
th.- art
VI. 11"ill- jury li-ivo n r>-nsnii:iM>> !i.-f thv.
n.i:i.|-it i!i-iiji- .!'tl:i i iiici "v. ti:i-.- ii.?!
I'.; I - I I I it !:I I'.iv l<
I* ii:.ln-i;j i?,. i!iiim-l ; iU.
I;' t!i?- jIi. v.- Ii. il 'tii. IV i> ? r.
Ilii-niy <>l tlii- i!.-l?-ni!.i:i('t ii:ii.*r?*nr** r willi
t!ic facts (Hovoil iti ?-vnlv!ici-, tin y nnict aojiiil tiii- >!otVli'laitl.
Tti-!.ri?..m r is ci.lilK.l l<> the Win lit of i-vi-i y
ri'ii-onn!'!.- ?i< i: I ?t.
Mr. IS.-iK-t thi<n p'suiiiri!: ,
Niifli. iis H i' (Miicciv i*. i> Iiic law of this rase, .
ihcla'.v wliii'U wo ;sli:t:i ri.ijiu->l y our Honour j
to ?'!l:i v;r.
Ami now. eentloinon of t ho Jury, what mvj
tin- facts? 01 0110 si<l fad titos'i1 is 1:0 1I011I4,;
Iti'llfilii I lios in a lilotnly jiravo. lit: li<-. in
lli"-.lf\vi>li tvnioltry in 1 'oliiin'>!a,?i??t ?U'iv:tl* j
ly swatlio I in a siirotiil of s|>oil<'-s v.'liit--, not |
o!:i?l in a;>|> tivl fai'f'inlly arraitui'il I'.v loving
liaiuls, l>ut accoriliiiji to t!il* law of tin- uruiiil
o|i| r??'c to wiiioli In-lii'loliai"'!, in* lios as lie
Jell when In' received ills moriai nuuuii, ?n<i
liis bloody clothes upon him. Thus was lie'
buried l>.v his Hebrew I?r? iliren. thai wl.cn
Ills m?uI should appear before liis Ma'Jcr sndib-iily
hurried thither with all his sins upon
him, without ihat preparation which it be(Mini's
us a)I to make before we pass itoni
time to eternity, the recording :in:i l might
)?>illt to his blood stained garments, as ct ideuce
of til" suddenness oi' his t;tUinir oT.
There is n<> doubt it was by the hand of .J ilin
I-Yrguson ibal he fell. His hand it was that
sped the bullet which pierced the heart ??i
SSi'iicilict. This is a Sic:irt-'ir? aking tact
What dreadful news that was to tie sen! to his
kindred across the ocean, to his mother, and
lather, anil sister-. II1' hail !e!'| thelii and
come siero-s 1 lie A tlaii tip to t his hunt ol promise
in (lie West, as I have liniic. as ||,ot:sa)i<ls
are now ?toin^, as all .voiirfoi lathersdid. lie,
hail com to America, ami laiw docs met iea
receive him ' What does Abbevillegi ve hi hi ?
Six (eel of earth ami a Moo ly grave done to
death hy a young man of his own ai-e. v\'hat
reason had Wcivnson ? What motive had hi-,
in liri'lg that pbtol at Mene-tic! Ii you believe
that this prisoner, being oi sound mind,
with malieenforelliough; and with hcMisli In-,
tent to murder, deliberately shot to Itenedict
through the heart, then young thou?h lie is,
in the lirst llush ot manhood, lei him die the;
death. It you believe that Ferguson with I
hatred in his heart, and with infuriating
whiskey in his brain, wen; to AU"rhack's j
store, like a man-eating tiger thirsting for;
Mood, went there for the purpose of slaying!
lieneiiirl. let IIIi>i hang as high as Hainan.
The safety, peace and protcciton to which we, I
and our children, and our children's children j
are cut it led by the laws of t he land, demand ;
that we forget r.ll considerations of friend '
ship, ad sympathy for the young wife and!
child, for parents, and friends. Hut. if you j
lind, after examining all the evidence, that;
there exists in your min i a reasonable doul:t j
of the prisoner's guiIt; if !he evidence sat is-!
lies you that at the time l-'eigi|son tired the!
fiital shot he was of unsound mind,?unsound, j
not because of immediate intoxication, lint;
from personal and hereditary disease, long-!
continued and excessive drunk'lines?then :
must you write the verdict "not guiity." Il l
such reasonable doubt be In your mind, we j
i'.sk that verdict, not a favor, we demand it as:
ii right.
There wasa time when in cases In which the'
defence was insanity, cruel and barbarous
laws laid down this rule; that the insanity j
must, he proven beyond a reii'or.able doubt, j
The ber.cllcent match of progress has affected i
iitir law courts; and a more humane rule now I,
>bl;d::.?, thai the insanily is lo be proved by!]
preponderance of evidence. Nay, more;
many of the stales of the I'nion rule, slili 1
more liberal and humane Ics been establish-;1
I'd . thill where evidc.iee of Insanily has been i
Adduced by the defence, the.state must prove j
the sanity beyond a reasonable doubt, i have:
<uid that if we proved the unsoundness o| j
mind by the preponderance of evidence, the j
ounsel for I lie Slate has argued that. we tiiusl 1
lo so by tiie rintr preponderance of evidence. |
I tiike 'I that his lienor w 11 i not so cliaiu?*you. | '
What is meant by preponderance of evidence? I
It is this; you are lo talceall tlie evidence and |,
ill the testinioiiy as to itisanity and put it in j'
ine scale; am! all the evidence as to sanity in;
the other scale. If the Slate's evidence out-j '
weighs ours, then we have failed lo make out j
"... lf* .?vl/l*'?iii.i? if,!* the ilelellce i '
lur I'.IM;. nui II ii.v v. ?
lieais down byonty it crain's weight. even ,
lioliu'h the diH'oronce hot .vcon the scales he
Ike the splitting of a hair, then have wo es- J
;nhlishcd our ease, and entitle*! our.-elves to:.
he verdict "not truilty."
The State proved atnl we admit Unit Keren-',
son shot, ami killed lUnediot. Its lirsfwit-i
uoss, Kiley, testitieil that when he :tirs'stesl j.
[ VrtiUMMi. Iii'k.ivi'hs his reason for shootinv;],
hedeceased. that "'the damtied raseal wasjro-1'
iik to kill me"?that he was eomin^r on him I'
ait him. This, mark you. Ferguson said ho- j
ore the sir.olce of the pistol hail disappeared ;
-before he knew thsit wsis mitrliilly !,
rounded. Von are to take iiis words and nets j'
it the time of the homicide sss evidence of his j |
notive and intent. i)or>.s not the evidence],
how tiiiit. he was acting under a delusion? i.
There is 110 evidence that liciiediet was arm- j [
d, that he had eiiher |<i-t<>t or knlSe in his j ]
land, or that he uttered threats, and yet the i v
Tisoner tells 1 Si ley that IJeiiedict was-jointr I'
o out and kill him, and that therefore he J
lred. 11
Mr. lionet then analyzed all the testimony ! |
'or till* State, taking up the witnesses one by j
me. and showing when-Ill they contradict j,
aeh other, lie conccdcd, however, that il! <
naltoro.i not to thodefenee whi ther thelcsti- 1
noiiy given by Kalisky.Millford, Vance and} 1
>t hers, wore true or ti'>t. Ileclaimed. indeed, i I
hat the more horrible the crime made out hy j <
lie State tli : better wsisit for the d"lenee?|<
he enormity of the deed, the abseiue j>nr- I
lose or motive, thus raising !i strong pre* 1
umtulon of the prisoner's unsoundness ol!'
inind. ;
Coming then to the testimony for the do-1'
cnce, Mr. lionet ca ve .11li- r?m;rli analysis of}
t. He claimed that the d-fence could prove
lint .John i'Yriiuson was the subject of epilcp-j '
ietlts; that lie had suffered from such 'its I
rom his infancy until lie was live years old '
hat in his youth and early manhood the]'
ipell* tiad returned with more or less vio-1'
ence: that in the coili-go class-room. at theji
trcnkfasi-tnblc. in the cot ton-field, while f?>l-.|'
owliis t Ii" plough, and on other occasions lie '
isui imvii l110 strj"*ei in rjn . < >!> ? in i j , hat
form known as petit wo'. 11 was claimed |
iirt'm defence tint tliis t?j?5lc*|)t!< tendency '
vas hereditary ill Ferguson'?, family on liisM
nothor'8 side. That much testimony I <
ind been given by his mother. Mrs. Ferguson,
that three ot t:"r uncles and twoofher '
mills had been similarly ntfoctid. II hail al- J
;<> broil proved that her obtest chiUI. her
laushtcr Lizzie, now dead. havosullerod from j
'iolent spells and Ills of epilepsy, and that j
drs. Ferguson's brother. the prisoner's uncle, I [
lad been subject lor years before his death to j I
iniliar (Its. '
II had been proved on behalf of the prison-1<
sr that for years ho hail been in the habit ot.
trioking; that for the last year he had been I
lrinking heavily; that for three months be- f
ore the homicide his drunkenness had been '
i!ino^t oon'inual; and medical Jurisprudence '
Mowed that intoxication, long-eontinin d it- t
sell impaired the mind; and I hut il was much i!
nore Injurious when eot.j lined wish epilepsy,' 1
>f widen it is a pro-disposing and ixci'ingi'
iiuso; and besides it bad liven proved that '
lolln Ferguson had sintered acutely Inst Feb-'1
nary from two stubs received in the back,? M
ind'it is hold that acute pain will not only
i :gra vate epilepsy, but i'.?ell produce li. A I-1'
0 that immediately before the homicide Fer- J
Ctison had painful erysipelas in hi - left b g.!'
i?hieii caused him great suir-ring.nnd lend. r-i 1
si liiin sleepless, in spite of exce-si ve drinl;-j I
itig; that he had eonsuiled doctors, a bou I Ibis j '
rouble anil that on the rinifsday before the:'
-.omleiile. a doctor had given him liniment '
vnd whiskey. j
As to his carrying a pistol, it had been '
shown that this had been bis habft certainly |j
for several months before Christmas. 1
"Thai the counsel for the State," said Mr. j'
lionet, "has misapprehended our defence is'
'ait! fr.im the evidence put lip in reply and J J
from tlib law submiUod by them to the court, j'
1'hey have put up Ferguson's srhool-males,! '
le'iualntanees. men with whom he has had1'
iiuslness tran?o.etions, to show that he is not ? | <
niiatie; mid that be lias not been treated byji
Ills people and his neighbors as such. They I'
liave spared neither his lainily physician nor '
His family pastor, l'ut, gentlemen of tliej
iury, our defence is not thai .bihn Fergn?on is i'
1 luiiatie. i.iur defence Is this; thai at the! I
time the bloody d.-ed was done, bis mind was. 1
unsound from tlit* eU'ects of mental disease 1
produced by epl'epsy, a;:gravati d by acute;'
pain and longcontinued and excessive drink-j 1
iiiir. V\*e do not say that he is a lit subject for;!
i lunatic asylum now. J j
We do not attempt to prove Hint be Is in- '
cane, or thai h" has been in-line all bis lit" ?>; j
itny eoiuiileraldf portion of il. The counsel ;'
for the State therefore go outside of the ors.m'
when they argue that if our defence Ik' made ] '
out we sh:i!! have proved .John Ferguson to 1
have been incompetent to contract, either!'
matrimonially or otherwise.
We wis'., we could produce I lie wbole of Mr. j'
lionet's areiimcni. :-neoial!v that Halt In 1 j
which he made striking reference to several t
Incidents related in Scripture; for example,'!
to King Saul when possessed with nn evil
spirit from the Lord, to the son of the S!m-j
uamitc woman, >rho fell exclaiming, "My |
head, my head," and to 1 he epileptic youth i
miraculously cured hy our I.oril. The evidence
in the case ;;ave the learned counsel ad 1
mlrahle opportunity to make use ol these and
other apt Illustrations.
Alter a well d'-served compliment, to the as-1
sisiant counsel lor the Stall-, during which he
look occasion to commend the action of the;.
Hebrews who had employed their valuable;
services, Mr. lien, t concludeil as follows : j
And now, may it please your llonorand geii-I
tlemen of the jury, our d< Tem John Ferguson
has come to lis close. <:n me has de-1
volved a solemn duly of utterlnt; the last,
word In his behalf. I shall be followed hy the !
distinguished Solicitor, who wid, with Ills'
usual lorce and mastery of the facts, close the!
ease for tli?* prosecution. Voti will then receive
fr<im his Honor the law which lie eon-;
ct ives to beappllealde in tills case. For my
colleagues and m\s< If, as well us lor the pris- \
oner in whose behalf we haveappearcd before
von, you will permit me to say that, we have
made a fair, honest and honorable defence,'
We leave our case now in your hands. It' w< (
have failed lo satisfy you that John Ferguson's
mind was diseased when he slew l!ene-i
diet, then may Kod have mercy on hU soul,
but if the evidence has rais< d in \our minds
a reasonable doubt of hismtilt, then In jus
tlce. not iu mercy, render the verdict ' not'
guilty."
Speech of Solid tor ,1. I.. Orr, in Itelii;ir
of flic State.
Time?One h?tr *tni t< n minutes.
(Srlillrtiietl <>f the Jnrn :
The position which you occupy, is probably
Ihe most important one that a citizen is re-'
quired to till, for you are to decide upon the,
guilt or intioeenceof one of your fellow citizens?you
are to determine whether John
Ferguson Is to be punished for the homicide
of Arthur M. Mencdlcl, or not. C ninscl have
told you I hat the jury system wan established
for ttic protection of defendants; I tell you
that the jury system was establisced for the
fa i til fill execution of I lie la w : for t ):<; nlotec
tion of society upon the one hand ami the innooclit
accused on the other. Vou aro lion* to
do right. and to see that justice is done on all
side. You lire Iioic to shield the innocent
and to pnnish the guilty. You can find your
duty 111 your o.ith, let that he your polar star, j
You shall well ami truly try, "and a true tie-'
llvcPailcc make between the stale of South
Carolina and the prisoner at the bar; and a
true verdict give according to ths evidence,'
so help you liod. I.et your verdict be according
to Hie evidence you have heard on the
stand,according to the law as you shall receive
it from the bench, and you will have
done your whole duly to I he Stale and the aecuxed.
Fall to liucl your verdict conscientious
ly. and you will have boon false to your duty,
false to the law. false to yourselves, f tlse io
your follow citizens,and false to your (tod.
whom you have called upon to witness your
oath. To say that your mind was made up
before you heard the case, would bean Insult
not only to your intelligence but to your integrily.
Toask you to timl a verdict of not
guilty, on account of your sympathy for the,
accused, or his family, is toasl: you toeommit
perjury. Yonr simple duty is to rest your verdict
upon the facts of the case as established.
Nothing more is a^keU of you, nothing less
is expected from you.
lu almost every case of homicide ihe defence
set up Is that of soil-defence. If that is
impossible. If every net throughout the tragedy
contradicts that theory, and points tinerr'ngly
to a felonious killing, then the next
'most popular defence is that of insmlty, atid
the more desperate the ease.the more surely is
the latter di fence relied upon. From the evidenee
It seems that Mr. Ferguson relied on
the formcr.for.w hen arrested, ho declared that
the dcceas* d bad tried to kill or cut him ; but
his cmiiisc'/ar vvi-erthan lie. proa r. < d the hit
ter defence. The foi uior could be conti ndicted
. by the Xu-jIs ul the cuae, lacts \ylileLi wtH'o sua
vwjj .I m i ? i >
i*i?: iliio ?>r pro if. iM' hit it-r jviiuli! s<? f.ir hrfu-r
your until :>s lo proilucc sonic unccrtiiiuly,
au?l | o-silj!y t!io i >c;i;:o oi' the acniiMil.
No contru'Sictlon of tlm cvhlonco n<Muoe<l
liy the state is :.t: -ii?i'11 .I. 'i'licy oiler no witloc..nl;-i'tic:
:s .!:i" '!" : ir ! ! a i"
Not >; i i J: i< of uo-'isitnl i.'iix!."
!. ! i;?. ! i.-.'i :? wi :>! sir. S)i 11:? 3:-j>*iT I
ml. wi !i;in a \v.. oi' i iioiirri'if. w iieii jirisoi'.rr
tsu ? ti:o lii'.iim ii'. i m I lie inoriii : ol' jli li
!>rr -mlier pri-oner came to town. apparent iy ;
for iln pin p-i"c of s:lt<.|n|i n<; t he wcitilinuol his !
sl?ler-ln-ls?u\ 1 !? met S. s. Martin :il Knox's I
corner. a f* w <lo >rs above where iht'riiM'tl wa?
in Iiumii < <, sIiil'^im'i'iI nil icjaiiM liiin (.ml
sai.l !ic!!o stark, i-onie i!owii here with me
if yon want < -i- nie kill a ilsinini,l .lc'.V."
l!t- went from there to aiiotlirr stoic, where
lu1 :iskcLto Imy some cartri'l'.c-. No. '!'.' or .'!<.
ami \\lii r?- he wax in iln- lisit>it of luiyim; his
Oal'triil'.'i'S. Till' merchant t < ill I lii in l.e linil
lioiioof that size. I li" I hen tool; sol in-cat t ri'lizi-out
of his (.oi'ki't loaiicil his pistol ami saiil,
"1 have cnoiurli to kill a iinin, anyhow.'' lie
then went into lilt* store where tl"rc:isetl
eierkei!, leani il smailis! the front counter on
t ijht lisi'iil sjile. tor some time, went towards
I Kick of store ami eros?e.| fiver hclwcit centre
counters Of lioxcs. to left side of store where
liclicdift was waiting oil customers, tool; pis- j
tol from hip |ioeket. cockcd it.' ami put it. in
ri-jht ov.Tooiit p-icl;el. I.caneil siunins! j
ti.ie'; counter on left side of store. until I'.ene-]
diet went to centre of store to j;ivc customer.
.1 Ii:iir <11 SUOl'S. .*? IlClinili I l-K>|>|n .. I
box, withln a tew feet i>f !*i-rirn-i?:i. I"1 said]
Mimethinu to i!cm*diet which wit moss <ii< 1 mil i
ii<in<l. ii'tl "\Vh:W did you 1
you say? lVrgttsou llieii s!i??t him Ijirnnuh
il:e lunu*. l?"iioilic! stauuen d <>'il of i
wi his hand '.iver tlit* wound saylnu "I am j
shot, In-has killed in:'," ami ?li?-?l in lialf an
hour. Ferguson whs immediately arrested,
ami when asked whv lit! shot. IVnedict, halt! J
In- wa*' trying to rut or lt> kill tut'. II?? wasj
taken before fa- Mayor. linn to Slierlir. ami!
Tlial .1 list let*, u here In- (tflt-rol In give bond,
and a-kf'tl if Iiis i nhcr-in-law, (a rich man)
wt'ulil he acc'-ptable.
Theseare tin- f.-c;ts of the ease. ami it is on-|
tlrely unnecessary lor nit* to arctic to you.that j
they exact ly lit-1 In* dell nil ion of murder?t lie I
unlawiu! killing of n liniiinn being wit!i mal- j
ie" aforet houuht, either express or implied, j
We havetin* loonier grudge, the threat. 1 lit*|
tie' I Iteration, the weapon usetl, tlie nh<olutnj
want of provocat ion. ami the deatlly purpose j
expressed am! executed?every true requisite!
of malice. Iiotli exprc.s-.eil and implied.
i'oavolil his responsibility and punishment
t ho defence have put in the pica of unsoundness
<>f mind : that defendant is not necoiintiMc,
bceau*c he had epilepsy, because his
mind was unsound, because at the time Hie
oilcneo was committed, iroin Ions; continued;
ami excessive drink. Ids mind was Impaired]
to such an cxt-nt that lie did not. know anil
could not avoid what lit* did, Urtinkenniss'
is no excuse tor crime: as a general pi'opnsi-j
tion, ami if a man voluntarily gets drunk ami I
commits a*i tillcnci: it is an aggravation. The
only time that it excuses is whereliy liat?itual j
drunkenness tins mind is absolutely injured, |
pcri:ia*ieii?ly injure.I,as from any o:hcr,t-:?)sr, I
wiihout I lie clle'-t of the whi*key then opera-1
tin;; tin him. The father says .loliu drank
heaviiy for three months, am! a great ileal for!
a \ car Vet. yen I le men. on cross exa initial ion,
he said lie COllid never liml where John |!<>t. I
bis I ti| utir ami iktit .vnu him i/rmit: hut hni itri
fhr> i and ins mother never saw him iin-1
it- ( the iiit!i>i'ii<-r o/li'/itor iii hrr tiff. It is there- j
fore ridiculous, to claim that it was
f't.ni continued drunkenness, particulariy
when the Slate has shown that he
iininasre I lii- business. *awttl, uir.ned, tradctl
and controlled his nil'airs just as other men.
to the lime of t lit* homicide. Let us now exlimine
theolhcr pica: itn.*oniiilness of mind]
by r-aso:i of epilepsy. I'eior:* you can : <- i*ii t i
a man who lies otherwise been proved utility, I
>u lln* gnarnl of ins :nity, you nt't-l lie satislled
"by the weight t>J" Ili-i eritlei'ce," or "by
Ihe pro|.omlcraiiec of til's testimony," t?r
"clearly sntlslicd iu your own iiiinu" that he j1
was, at the time the niliniv was committed j'
not responsible lor his nets Jf you are not
.atlslicd, by llio proof, that lie tlid not know ;
what he was tloinu w is wrong, and further,
that he could not avoid tloinu it, then you 1
must convict him. 1
Now, tie'ore he can no excused, no nmsi j
- how yon by the pn politician ifjtl.e tvnIi-i
intinyj tlrsl, that he Jaaal subject to ? )>-!
|lcps.\ ; second, t-isiI-1 llOalisease had ell00!cd ii!s I
mind; -and tliiril, that at tli<> titna" of tiia-* liomi- j (
fide lie was !:iliairin<; under that unsoundness. i
Has John l'Vrjrnson cv?t ha<l epilepsy ? |
VVIki says ha- ha-? Ilis own family, father,]
1110! her."hrothers, and one or two ca Mined ions 1
leil yon, not that ha' has evf.r hud ail epileptic|1
lit, air earn vntsioii, hni tiiat when he was a 1
[ t?il'.i. from anie to live years of asr.-*, lie hadi1
alntin:; spelis; that lie wamhl tnrii |>a!e. fill 1
lovv 11 in 1 he yard, appear uiu'onsohnis anil [j
ie perfectly ajulet anal st ii;?a little eaJiiJ>h<?f |
mat 1 ubhim: always Inaamhi hint rijrht, ami!1
i 1 livsiHasi wa< never sent for. Kpihpsy in- I
Iced! After lirt?>en years intermission, it |
s salt! 1 liese s|cl!sreappaweal, and once, when '
lifting a ha'av.v !??tr. he faintetl in the woods 11
uid was unconscious fa?r a time; twice, when ,
do win::, a lid once when hoeing in t he hot sun, I
ie fainia-tl; was nni'oiisioiis a while asnlti
iroiejhttotiy Ircshnlrand water; once hcsulal
ij i>el!a*va al in- wonhl faint ; once lie sahi , 1
ie eon Id sec smoke he tore his eyes; twice hej
iad time to co some dis'anee io sprinir and;j
Miade, while lyimr down, all llieso prcinainllo y
symptoms, yet epilepsy has mine, lie wash
vile, unconscious, perleftly a|iiiet. Ask yoursell
if litis be epilepsy. Ask the learna'd phyfi- j,
chins iviiat ia-stilir-it if this ho a-ptlepsy. Ask j
very meatie.'l authority if iliis lie epilepsy, j.
four experience (a-Ils vain iliat these arc nol i
ymplaiiiis aif epileptic tits. The physicians i
['xamiiieil lell yon: that the symptoms arejt
hose of lain I i tit;, vertigo, or something of 11
hat kind?not epilepsy. The medical author-1
111. s tell yam, anal the physicians examined <
unless it, tlint the most eoininim symptoms
if'epilepsy are swollen veins, purplish ap- 1
I'taraiieeof Ihc face, contortion of the fa'a- 1
tires, convulsion of ilia* linihs, foaming at. the j1
iionili, urindin^ movement of the lower Jaw.
uid Mid h nness of attack, yet every one ofji
h<-e e-sential elements ara' wanting. < 'an j <
fo? for one minute, believe that this was ep-1 1
lep.-y? iSelicve It against all of the U'sti-ji
inony ? Vou may arjjue it, yo'.i cannot he-jl
ievc it. Tin-mother says that three uncles
md two aunts ilird xmltlrnlii. 1'on't know I<
low they died, simply that they ilird x>ii!d<n- j'
>1. Is not that an evidence <?f apoplexy, '
md a contradiction of epilips.v? Whoever!'
leard ofa pi'i'sam dylmr in the tlrst epileptic i <
it? The etlect is gradual ami depends upon j 1
lie number ami severity of these attacks. If!
je has not sutP?Tcd from epilepsy, and provetl j
hath? has so Mitl'rred to vour satisfaction. I
hen his defcncc fails and lie must In: convict-j?
511.
Kven if he tins h:ni epileptic fits, has II ever
mpidrcd his mind, much loss made him ir-'[
?*>l*(?sisi lil f ? lildhisowu family think w??|
I'hey s;avo him <t collegiate eduealion; they '
>orinittcd him to marry; they cave him aj.
tome ami fi.rm away from Ilium; they al- [
owed his wife and child to live alone with'
him ; they permitted him to mintage his own i '
.Hairs, to inake debts, huy and sell, and III;'
(very rcspeet. held him out to the world j'
is a sane man. I'
What evidence ilo they give von of his In- 1
'itnllySimply thai he killed Henodlct; only i*
hat and nothing more. Nobody ever iin- :
icltied for one mlnutethat he was insane nr.-!'
II this ternhle tragedy, and still they want 1
.-ou to excuse him. Where people arc insane j
hey usually kill those who arts nearest and .
learest to them ; wife, child or parent; here!!
ie kills the man he intends to kill and makes| J
;very preparation necessary for the success- J
'ill ncC'impiislimcnt o! his intention.
To rebut this theory of tlie defence, we say
inlthe law pre.utiles every man sane; and'*
.o rebut (lie iilmsy lestluioiiy adduced of hlsjJ
nsatuiy, we have iniroduced some twenty *
,v it noses, his neighbors and friends. We j
impose to try him by common sense and"'
unman nsponsibillty; not. by the lino spun |'
: henries of men who would make the whole,f
norld mad in their ellorts to establish roinei'
ibstird proposition, based upon some iiiisilt- '
uar.v psyeolo:ie.".l condition thceslsience of I '
ivhich they tin not know and e.innot p.rovc. '
1'he boys who were at school and college with I '
dm, tell you that he learned, acted end de-j'
moaned himself as other boys. The mor-p
;hants with whom he traded teil you that lie; '
i)ou.'h; and sold as otlier puslotners; was a;
:lose buyer, wanied his full money's worth; i'
liis employers tell you he acted as other!'
jlerks, attended to his bu-lncss, and bought,'
uid si.Id. Mis employees tell you that hot'
;awed and ginned, managed Ills buslno*> '
ivell. His pastor tells you he has known him ]
lon^and intima'eiy; lie is like the others in I'
Ids church. Ills ami his father's family j*
lihysiciau tells you he has known him in- '
limatcly for yea is ; never thought anything 11
r. M' mil ln;il .101111 \\;i-? |it-| ii:ci i,> s.nnr. , nw >,
three I'llyslclans wlin heard all tin* tcstiiuo- i'
uy an.I symptoms tell you they cmnn??! see In-;'
anil v in it. 'i !jcy tell you iliat no man's ;'
lllillll COIlilt lit* SI) Utfccted liy disease us to ; 1
lose Ills responsibility, without th'is<" of liis ,4
aeinhbors who constantly associate with nini |!
ills-covering 11lo disease. All of tlicin untie l'
III idling you Iliat 11 icy have never seen !
mything in the course, conduct anil aettoi.s '
il.Jhu l''i'iviiKin that .made tlicin doubt his '
ianiiy. That is the proof of his insanity! Is, I
it not the confirmation of his sanity beyond j'
it ivasonahle doubt?
Oneother matter Ihnt I desire to call your:'
lit ten Hon to,and then I am done. I .ft us ex-1'
limine his rmulurt at the lim <>(I!ir I, Winy, and ! '
see if it doe* not indicate ho'ii responsibility I j
nnd quiet dctcrmiuat'.ou. lie comes to town!'
to attend a wedding; sane so far; lie tells his '
bosom friend lie is goin:; to kill a damned j:
Jew. Not insane, hm very wicked, lie'!
wants fresh cartridges; not only sane hut | '
unusually careful in his pri^paratlon. Can't!1
tret them; say* well he has enough to kill a i '
man?the remit proved the truth of this. He I
socs in Mo:o and stands In Iront of store j'
some time, probably watching an opportunl- j '
ty when the deed call best lie done; sees lien- 1 '
edict in back oi store; not many customers!'
there to prevent deed , there is the place. Mill,1
determined and cautious, goes to back ol I
store, takc.s pistol from hip pockcl, cocks it, j 1
places it in overcoat pocket?handy; careless-.!
l.v leans against counter?so as not to ntlr.ut ;1
attention?t hen quietly waits until Item-diet is
called back to wait on customer.The time lias, I
now come? the very opportunity; no body j1
between litem, nobo'.fy^fo prevent the deed:)'
then he shoots; not. a chance shot; not the!1
reckless aim ufa maniac, but with the pie- 1
cision of malice and tic sicadv, deadly aim 011;
hale, he Hies. The shot lyiatai. lie does not;
glory in the di cd as a mail .man would, but
excuses himself, "1 did it to keep him from i
killing me." (lenileiuen,didn't lie know that'
it was wrong? Why attempt toexcuso him-1
self? liuln't lie know theconscquencc of his]
act? Why ask lo give ball-did not want to;
go jail?why oiler a rich man? why ask it he I
would be aeccpliblc? suliicicnt? If you be-j
lleve these tacts he was and is responsible.]1
Canyon doubt them? They are sworn to? j
uncontradicted. Can any unprejudiced mind
avoid the conclusion that Kcruuson was as;
sane as any mail on that panel? Who ever;1
heard of an epileptic immteiing any one?'
Kpilepsy causes iinbcdlMy, not violence. If,
that is your judgment let it. be so recorded.)
I .el not sympathy Ibi tin: ptiKoner or his family
swerve you Iront your duty. If lie lias!
madeout to your satisfaction thai lie is not!
responsible, then.'gentlemen. Hud liifn not,
guilty, for the State wants no man punished
who is insane. Ii would be a legal and moral;
wrong toeonvict a crazy man. Make up your j
mind honestly,and Justly; frame your vcr- i
' ! I lr,.i? II.,. i,l...j ,.r
Insanity, ami tin your duly fearlessly. Much
has In en said to you <>l" the pity you inuet
feci lor I he family, for the young v.iJc, the
i 1111' >? ' 11 ha he of the iiCCUSed. 1 don't ask I
you to steel your hearts against tlnse appeals;
you could lad do that; no man with commonest
feelings of human kindness could: hut. J 1
do say that your duty Is higher than sympathy.
and your oat h and honor, superior to
pity.
I might ask you to consider the other side
of the picture, to think of a desol.it'! home
.may heyond the ocean where an aged father
was bereft of his only staff and support In Ills 1
declining years, where a devoted mother is
crushed with the terrible tiding that her
darlini; hoy tirul been torn from lier without j
a word of parting, without a last embrace,'
aye, gentlemen, thrust into eternity, without
a moment's warning, without even timctocx
claim, *< iod, have mercy upon me a sinner." ,
Hull do not and will not ask a verdict upon
this scoie?rest your verdict on the evidence. |
The counsel for the delcnec} has asked us;
why we com iiiented on the fact that Benedict
was a Jew. You, Kentleinen ol the Jury, j
know that we did not bring liis nationality j
lulo ?|ilestii:t>. The counsel for the defence'
brought this fact out In his cross-examination
of a witness. We made uo proof of it at all. >
It was the cjunsel w ho complained of us, be- j
cause of his own act.
The counsel has had a great deal to say
ai>out newspapers, ami what has appear'd iii
them, concerning tliis homieiile. Ucntlcmen
of tlie jury, the counsel for the State have
written nothing of the kind lor the newspapers.
The State is not responsible for anything
that lias appeared In the newspapers, [
wish the counsel for the defence could say the
same thing.
You have been appealed to?yes, most feelingly?to
spare ills large and liiiiiientinl family
connection the disgrace of :i murderer
among them. l.ookon ihcother side of the
picture, a young limn, a foreigner, a Jew; of
corn et habits, energy,education and intelligence,
lured to this country by the bright pictures.
ol frei (tout, protection and equality, to
a siiMtt'jcr in a strange land. No extended
, and influential family connection, touid him
k when alive, avenge Uiui \vUcu ticuU. Dues It I
r.ot appeal to your manhco I. (.> your human-j
ity >lia!l liu l>u Uiilo'l liki* u i'os:? with no;
Hiitii iilMnliu lis to sty I hut lli<; law sh:itl In1!
( ."linvi (1, and liis >la.\ el' }>iit?isli?'<l *> You are[
"I'iscountry," li-t lilni .s'aiul upon the ss?.mej
foot ins; as one of u?. He was our n?l?I '
l>roti:.T. Iu? t r?*:iI iihn a sm-ii: it) Ji?.?tI.o
i- :t11 ; I to it" itn?rc iiin?n.-.rii-n to lit> |e.?;.
Wfiiii the < vj.i< iin- fairly. h<?!! <!ir. tr*i!v. If
?: i f i-.oi si!i::y. >a" > > vi:h joy, i: !: I"- ?c.|
iv. >ay with t rut Si. !: trie; to your?id \v>
an.I as tin* loilows theday, you c.tnisoi (
be falM.' 'o i'.ny man.
- - ?
THE LAW.
O
A3 LAID DOWN BY THE COURT TO THE j
GENTLEMEN 0? THE JURY.
A Clear ?m?l .'.Mr C'mrKc l?j* tils Hon?>r
Jul!;-!' S'f.'fwl.v.
Ti:n(?('iiiiiiiu'iiccd at S.Ui 1'. M., and t-niletl S.:JT |
I'. M.
(.Vii.'/enicn of I If Jury :
It Is my duly torsive yon 11m law in thlscnse
ami you an; ivspon?dhle for the fact* 1 will
Iry to ilo my full duty In tin* matter ami I
shall most iliilcfiitly try not to full. If I were]
lo indicate to you any opinion on the facts of
the case, any opinion whatever hy anything
that 1 in!c:liI say orilo which would lead you
to llnd, liy tny opinion, a vcrdlct of guilty In
the case. II would he Judicial murder In me.
The law says 1 must, not do It, and In the
same way if you depart from your province
and do not lake the lawns I ci ve It lo you you j
will not. he dolus: your duly to jour country j
Now as lo the law as to thecasc. I will ?l:s- j
iio?e of the rcoiiests to charge llrst. l-'lrst I I
am requested to'eliiirge:
' 'I'lio ti"Ti'ii<t:iiit Is |>ri'Miiiinl !>y law to li/> m?, tins!
pri f 11 in| :j<>ii c.iii In- rviiioV' il liy li!i:i ami If tin* cvl-1
iU-tici* of insanity i>'c|io|i<lcrat'S, he is entitled li> all
acquittal."
Ami thai Is (he law. 15y "preponderance,"'
what, does tin; law moan? II means such n
degree of evidence ?? founded upon tho evidence
that would lend your mind* lo 1 lie conclusion
that lie was more Insane tIttm sane.I
It'lie has l>y any evidence )<*<! your mind lo
lliat conclusion, after weighing all tlie testimony
carefully. If you come to the conclusion
thai it was more probable that In? was more
insane than sane, then you will give him the
benefit, of it.
The-d request lcicliar.ee I will not. read, beenuse
the stenographer will takedown what I
have to say about it. I say that the second
request is'not the law, the burden of proof ol
insanity is on the defendant, and if the Male
should oiler testimony In reply still the preponderance
is with him.
Trie :s?l request to charge I have marked not
allowed, except as Included In my charge on
the tirs*. request. j
The 4th re.|itesl Is too general, and I limit il!
to this: if defendant was generally of unsound j
mind, and the Jury Is so sailsiied, then that j
state of mind is presumed to exist at the time ,
of I lie homicide, hul if t he III Minify Is of long |
intervals 1 hi n it must be proved at the timet
of the homicide by Hie defendant.
otII and Cti> not allowed. It asks me to
charge the jury if they have a reasonable belief.
On that I say Ihejuryare not entitled to
havp'iny feas-mable belief on this point, unless
11 be produced by the preponderance ol
testimony, and on that they have been already
charged.
The Kih is in reference lo delusion and not
following the words of the request 1 charge it.
this way:
If the Jury believe Mint sucli delusion has
been proved by the preponderance of evidence
then this existence will acquit the defendant.. ?
The '.'ill. 1 say this request involvesa question
of unsoundness of mind, and on 'hat
the jury havealready been suflleieiitly charged.
I regard it as simply a repetition In another
form of other requests.
The K'tti. This involves the stinic matter
iind is not allowed.
The lltli request I will read, because I Will
nlSow it in pait. It is as follows:
"Tlie jury are to eoiieiiler tin- state of KerjjtisnnV
mi ml at. die iini- the homicide was (Mmmiited. anil ii
die evidence pi'iiiiiu'cil establishes the tact tlial his
iniml was diseased lie should In: nr<||iilti,?l.'<
On that I say: Allowed, provided tlie tilspa
so referred lo was not from Intoxication
then existing.
The is as follows :
' if from the evidence the jury liclieve that Fc-rgti?
in was Mit.jcct to e|ii!e|itlc (Its. It is a matter which
they iimsi weigh in determining Ids guilt or Innocencc
if the crime chargcd. AihI If ihey entertain Mir
I-Hil.l whether 1-Vriiis'it's mi'iil was MUitiilor uii.soitnil
it tin' time nf ciuiiniillini: tills act by ! orison of c|iili'psv,
tln-y niHi*t give him tlsc benefit nl <lonbt
tial niuat acquit.*'
I say: Nut allowed as a whole, but the Jury
in deciding the (iifrtlloti ol unsoundness of
mind will weigh the testimony oil epileptic 1
ills as well as of all other testimony.
The i;ith rerjttest I have marked not allowed
because the words "reasonable be!icl " tire too
encral, and because the jury are already lully
charged on the question ol unsoundness of
mind.
The 1 Ith, l >th ami liith, I have marked "not I
nl lowed."
The 171 li, which I allow In part, i read as i
follows:
"AUIhmcIi ili uiikennf ss at the time of the 1kiiiiIc1?1o |
? no cXei:so for cl inic. J et if llic prisoner's wiiml l.ns .
iccn roiulcreil niisoniul l>y Ion; continued mid excessvu
drink, the jury must aci|uit liitii."
I say that Is the law, provided the unsoundness
so produced at any time conllnucd after
!he defendant became sober. . i
The lsih is not allowed because It is toogen- i
nil and tco sweeping.
The I'.uh reijuest is not allowed, because It ,
expressly presumes the absence of motive,
ivhieh Is a i|iicstion of fact for the jury on i
LVltich I should not charge. I
The U'lih re<|iicst to charge contains details, <
til sorts of symptoms to show insanity, and >
in that I say the court refuses to allow it. Iji
iviil first. charge the Jury tiiaton the point ofji
unsoundness of mind they must consider all j i
;he testimony on that point. <
On the 21st, I say I decline to use the words h
if the idpiest, but I charge that if the jury j
ire satisfied bv the evidence that if the de-{<
endaut's mind wan unsound while sober, so ]
aused by excessive drinking, then the homl- t
side will not keep him from unsoundness of
uintl. i
The iCnfl is not allowed.
The 23rd rc<|itest is that: I
' Tli- prisoner is entitled to the benefit of every rea- '
Jiti.lMu ilutlbU" '
1 *ay that, is the law, except on the iinsoundles*
of mind, and on that point thejury must
>e governed by the preponderance of ctlleiice.
And now, gent iomen of the jury, I do not
enow that i have much more to say t'l.rouon
ills ease. If it be possible to human nature
I. II. ? Irl-.l of II. lu r.n*n I,. rlri Flilir ...Inri /if oil
ympatby. and yet I know It Is not possible:}
"oil mint have sympathy with lhr? distressed i
mil those who lire iiuioccnt, though that digress
wan brought on them hy one of their
rvn Uin, we are bound to have sympathy
vlth them anil yet when we come to try a
rime we should blind our eyes to the nature '
if I he crime aril the facts of the ease.
ltwasiiod the Almighty power who first
lr.bllshcd the law that the murderer must
lis blood shed, and every civilized nat'on
liftt J Know of has generally followod that
aw. So then, w> far as you can, you should i
orgctwhat has been said about I he fatiierand !
tiotheraml wife, and you should decide this;
we aecoiding to tiie facts of tho ca?e, doing j
four duty to yourselves, to your oaths, to your j
sou 11 try, to your Ood.
Now, what are the lead in sr fact*? I shall j
lot st) into the details. The killing Is admited;
there is no denial in It; the circum'tances
have been testlticd to by some wit-'
lesses, and it Is foi you to Judge how f ir they j
ire correct. When M:o killing is admitted,
.hen the party must show in order to get an j
ie<|Uitlal,?ho must show that it was done ei-i
her by accident or in sclf-defonev, or It was ]
lone in sudden heat and passion with sutli.'ient
provocation, and the law acknowledges
lothing of sutlic.teiii provocation short of a
low. J!e is held guilty of murder unless he
las satislied you that he was not of sound
nind nt the timc that lie committed 1 he murler.
Well, now, that Is for you entirely, lias}
le so satisfied you by the propomlercnceoft
. videnee that at the time he did that act he |
ivas not of sound mind? If lie proves to you !
hat he was not oi sound mind,?if tlmt state j
if mind was produced by intoxication existng
at the time,?in other words, if his state!
if mind rendered him not responsible at that,
lime, that will not render him excusable. i|
lavocharged you that if by long drink lie has
so diseased his mind and It is diseased after j
.ho homicide, the law gives him the heneill, i
tut unsoundness of mind existing at the time I
ind not after the homicide is no excuse, it is j
aid that he was at the time of his childhood
not la le" life siib|iel to epileptic fits. It is for j
foil to decide whether that be true. If you i*
reach Unit conclusion you arc then tocorne to 11
lie next conclusion. I>id those epileptic fits'*
[ roduce in liini imbecility or unsoundness of?
uind ? I'hyMcinus have lest Hied tluit. epiiep- j 1
Lie lits may produce sue!i results. The <iucs-1
lion is not whether it may do It. I>uI did II do j
it In Ills case, in your minds? Does it satisfy j
k'ou that it did? That a certain course of '
:onduct may do a certain thing does not i
\mouiit to anything, unless you go 011 and:
orrect It with the fact llial lie did do it. That i'
1 certain di.sca.ve may result sound sols not j 1
I he tiling. You v,ill have to go on and see If. |
it did do it. You have 110 right t r? draw a con ?!
11?ion that it did do so. It is true also that
ivhcn it is hereditary one tuny Inherit the dis- j <
position of insanity from his father or ninth-11
it, or a remote relative. The inquiry is, were j
Any af lilv ancestors of unbound mind? And,
Is that satisfactory to your mind? IT that Is! 1
tails-factory then did they produce unsound-],
iicss of mind in his case, and unless yon can 1
liud proof that it did not do so you have no
riuht to conclude that it brought on that re- <
suit. Kxces.-lvedrinklni; may produce insan-j,
ity,?some say ioncdriuking. Was il hisniac-i.
lice lo indulge in excessive drinking, and did j'
it produce insanity on liini? You have no <
right to conclude that II did unless you are ,
led to believe It by the preponderance of evidence.
I have said now that you must not 1
ilecido It?that If so and so was thccasc, but 1
you take In at! the facts of the testimony |
which you enn rely 011 and then determine ,
was lie a person of unsound mind and then
you are to consider whether his family so lie- 1
iieved and treati-d him so. Was he watched
more and treated as of unsound mind?
You takethcir lestimony so farus lli.-ystate
facts, but so far as they Indultrc In opinions i
you must not take them. And ill thlscounection
1 feel bound. 1 feel that it is my duty to
call your attention to a mutter which they
have icstitled toand that is, that they knew,
his fatherand his brother, that lie was carrying
a pistol, and they do not prove that they
ever took any steps whatever to guard him
from taking it. That is an act which I hey tcs- i
tify to. of which you have a rignt to judge In
review tne tiieir testimony.
Well now you have heard the testimony up-1
on both sides. You have heard about the
fainting fltsjis testified by the father, came
on at a time when lie was attempting to lift a
I02. Weil the physicians have not testltled
that in attempting to lift anything lirlnus on
epileptic lits. Another testifies an lo his having
n fit while ill the field plowing. I don't
know and von do not know whether that has
n tendency to brine on epileptic fits. Well
au'alnsl this testimony you Ji.'ivc Hie tesltmony
of his neighbor* and Associate*. They always
dealt witli li I in as of Humid liiiiul. They
never regarded htm nn bc!nz of nnsonnd
mind. <)w; witness testifies that he was be-j
having in a curious manner while 011 the way I
lo u saw mill, but In: refuses to testify thai he j
was (hi nklim or not. Weigh all the testimony j
carefully. Suy to you waive*, iclnsof unsound j
mil id Y bni: Hint is regarded of unsound nit nil, j
In the eye of the law an laid down; by you?
I kh's lie satisfy you that you would mJt like to |
live with him or to deal with him as a pe.rson
of unsound mind? If your mind lias not been |
led lo that conclusion then the law will have j
to convict him; ll'it bus led to that eonelu-1
!on then you will havetosny not sillily. If
he bus not istahlishcd other legal defence}
to it you are bound to say guilty. Jlnnd the j
record to the jury.
TIIIIiD DAY OF THIS TRIAL.
.lUttrliil Ordered by Consent ? Tin*!
Jury hlic'iar^cd.
Stnuav, February S. |
His Honor 011 the 1 tenc11, Solicitor, lawyers. I
oIIIcits of Court, and spectators present at
half-past nine o'clock.
rj.Mii alarm being given at the Jury room!
door, the Jury came out. and occupied the J
scats w hleli tliey had vacated on the night |
before. His Honor Instructed the Clerk to!
call the roll of Jurors, which he did, the full j
number answering lo their minus.
Com t?Gentlemen, have you agreed upon a
verdict ? |
Foreman ol the Jury?No.
Court?I?oes the Jury need any further I11-;
Htruciion as to the law iu this eusc ?
Foreman--We do not. j
Court?Then it is a question of fact unon ;
which yon are disagreed. That Is a matter1
solely with yourselves. The Coyrt cannot
belli you as lo mutters of Met. is there 110
probability of your agreeing to a verdict ? |
Furemiu;?$ooe, whatever I
r
You will retire tri your room, gentlemen.
Alter the Jurymen hail gone Into tlie room j
the second tline, 11is iloiior then announced
to the Solicitor and delcnihi til's counsel, that
the law reijuir-i! him !??the jury l>n-k a
M'liiiii! time. Mr. S.iiicl'o:-, <!t> you ?ii>. < it
11e.-i >-:iry to !*?vi> tit.* jury any loijyti? V.'hal
> I'el-i r < rr sni? 1 ho siw ;iotisr>of **?>i?tinn-!
lug lit" eas". a:;il Mr. lifiiwl .-alii : Ti.e ' i'e- ,
man being a man of intelligence, I presume j
he knows whereof ho s|;P?ks. Although \vc ,
are very sorry to record a mistrial, yet 1 <io
not think, un'iler the clrctun.stancts, it. i-s necessary
to UHnln thejuryany longer.
Court ?] 'rl JSii in the jury. Air. sheriil'.
The Jury having come Into Court nguln. his
Honor ordered a mistrial byconsenl, ami expres.-ed
regret lor the necessity of their having
to spend an uncomfortable tilglit In the
jury room, ami thereupon discharged tliein
from further attendance upon the Court.
Ihiring the entire comtnct of this trial
Judge l'rcsslc.v commanded respect and admiration
lor iiisahility, his fairness, and the
courtesy with which he treated the members
of the Court. ?
TELEC-EAMS TO THE NEWS AND COURIER.
Indication*! of nn Acqulttnl. Xornltlislnntlhix
(he Ouill of the Accused.
A iiftKvii.i.k. KeViwry 7.?'The trial of John Kerenson
fur iIn- murder of Arthur M. IJeneiliet eon'iiiiinl
;i!l (lay af.il linnJn?t i riileil. At half pr.st S uYloek tonight
the Courtroom was .<>1111 ero<v<lril to its utinoi-t
rapacity aii'l the greilrst Interest u-:is shown. The
evMe'iro wr.5 I'l.nrlr.ilei) with the tei"tbni>ny r.f one
doctor In favor of the theory of mental uiisoumlnCM
Mid three rtC.-.lli?t It.
Messw Smith, (lary, nn>l lionnet ppoke for the defence.
oi ciipytng four hours. Mi-mr.* Mrdownn, linnlean
Mid Solicitor Urr ?|">kc fur the Male, consuming
three hour.". Tl:er]ieci!fics o( Messrs. l!"nctand Orr
were exceer'lng'y exhaustive mal strong, anil have
rnrely Ivn cipi.-ilied in my recollection.
Judge I'refAlcy'it charge bore against the theory of
mental unsoundness on nearly every point. Tile 3'.irj
has retired, but an agreement is not expected.
It is freely asserted that the connections of the accused
have sl'pped In i>n the panel, anil that the tbintr
is "fixed." Il Is rur'her stated that the jury held a
mucus Inst iilirla*. ami wer? ten fur acquittal ntid 'two
Inr colivliiliiin. Tln.se reports cause u good deal of
strong talk.
Tin* prevalent fueling i? that Ferjrnsnn should bo
convicted under Ihe .fudge's charge. lie would certainly
be convicted before any Impartial Jnrr.
N. O. O.
A MMrlii!?Tcn Jurors lontjilro lo
Acquit.
Atits r.tti.t.n. February S.?At!) o'clock this morning
tile jury ill i lie Keren*'.n ease, lin vir>tr been nut
all night. were brought Into Court, til.- foreman Mating
Hint lin y did not think it possible that they notihl
reach an agreement. Tin: jury was (Uncharged by
consent of counsel and n mistrial entered.
It was ascertained I!:at the ten men who held the
caucus nil Krldav night and determined on acquittal
adhered to their policy. Two jurors, Messrs. I'artiow
and Mirolay. hcbl out for ronvietlon.
The general opinion is that tin- rer.ult is oiitrngeou*.
It was not Hne.tpi cted, however.and the hope now is
that the next panel can.iot possibly bo as poor in character
as the present. N. G. (J.
EDITORIAL IN YECTERDAY'S NETV3 AND
COUJtlZS.
T!it? Mcir<!rr Trinl at Alt'tcvlII?.
No link Is wanting In the chain of evidence. Ferguson
called lb ncdlcl a "damned liar."' and Jicncdict
replied, "you art; another." This occurred a week
before Christmas ctc. On Christinas eve, Ferguson
went to Ka'iski's store to obtain some pistol cartridges,
and stid: "I have enough anyhow ta kill a
man.'' Laternn. Ferguson said to Sta'k Marniti:
"Come on and sea me kili a damned Jew.' This
was only fifteen or twenty minutes before the shooting
look" place. When Ferguson went Into II. nediet's
store he <!rcw a pistol, eockoil It and put il Jn
his overcoat pocket. Ferguson then shot HenciPct.
who was entirely unarmed twid had no warning of
Ills impendirg fate. U'nedlct d ?d about Imlf an
hour alter he was shot. These facls Were sworn to
bv the witnesses for the t>ta.to. Tlio cross-eXMiilnation
failed to weaken their testimony. No attempt
was made to impeach their character. With the
chain of evidence of Ferguson's guilt absolutely complete.
a mistrial is annum;1* <1.
What Is the pretext? The theory of the defence
was that Ferguson was of unsound mind when the
killing was committed. There Is nothing In the
rvldetice to warrant t!i!s_ conclusion. It \Ta* shown
that he had "spells" of sickness when a child, and
thai lie was at times pale anil low-spritied as a youth.
It was probably expected to prove that ho had epllep.
tic tendencies. Hut while epilepsy may produce idiocy.
it will not induce Insanity. A person subject to
epileptic ll'.s is by no means likely to become it murderer,
unless upon the strained presumption that every
man who takes the life of another is necessarily an
idiot* It was proved that Fergus n drank hard and
long. Kilt lie prepared thoroughly lor the bloody
buslines on Christmas eve, buying the cartridges;
loading the pistol. Idling an neijiinliilnnco what he
Intended to do. pntiio< the pistol in a convenient
[dace and cocking it for Instant use. There was no
"icii iit Jiinh excitcnient, either lit"Pirn or n.'cr the
murder. The dead whs coidiy and deliberately done.
Vet ton of thf! twelve Jurors vote for tin- acquittal
?f I'VrjiMon. There are two juror* wlio lookiiu
imlv at the evidence arid mindful of their oblluatlons.
insi?t on a rerdlet of siiiltv. It Is paid. Indeed, that
t?n jurors agreed with each other to demand an acrpiitln'.
Their minds: it!.* rues limed, wore made up
In ndvanrc. TI:ey renderei! a verdict in accordance
with their intercut.*, fears or ailcclioiis, and not In accordance
with the uni>ii|itached ami uulinpea'.hable
ivldenco <>{ the prisoner's guilt. Tho result is a mistrial,
and it is rarely that after a mistrial there is a
[ onvlcllon.
It brines the courts of justice into disropitto when
i murderer Is allotted to C" seot-free brenu'c ho 1ms
Influential friends, or can "flx" a jury. In Abbeville,
r.'herc the trial took place, the result of the trial is
Mlisldeied outrageous,ami the p'ovalefit feeling Is
that Ferguson would be convicted by any coiiscientoils
and fcartoes Jury, ltis natural that the lainllles
ind friends of criminals should be willing to resort to
>ven questionable menus to securo their safety, but
;ourt/r.nd juries should be above tills weaknfc's and
f. lor any reason, the ?ondltion of fueling iu a partiHilar
county is such that hii Impartial trial cannot lie
liad liter*, the trial should take place elsewhere, In
lit- way that tbe law provides.
The "whole Stale it intewstrd in tho enforcement
if tho law and In upholding the dignity of thv Curls,
r.isl for murder will soon become a Veritable faiee.
f there is nu ciuviction where the evidence of guilt
s as clesr and stron<> as in the trial for murder at
VbbeTiile last Week.
i he Press and Banner
liy Ilu^h TTilsou.
. : ; 1. ., " -J- - J. Wednesday,
Feb. 11, 1885.
Severe und Vncqtinl INinlMJtiiiont.
Sam Johnson, a colored mnn, who wan
jharged with stealing M.25, mid convlctsd ot
icily lurcony nt this Court, wits sentenced to
jne yonr in tlic penitentiary. The clrcutnitiinccs
wero those: Sam Johnson hud nsked
lie prosecutor, another colored man, to May
ill night nt his house. That night before
olng to bed, the prosccntor said he had uot
icon paid oil'. The prosecutor testified that
lie saw his host up during the night. The du'cmianl
replied to this, that he was neecssa llyso.
The defendant In making the lire
ifxt morning knocked the chair over, which
ivas near the fire place,and on which were the
irosecutor's clothes. When prosecutor got
jp he could not Ilnd his pocket book. Search
ivaa made for it but It could nol bo foun'i. Afcr
the prosecutor had left the house ol his
lost the pocket book *.vns found in the ashes
111(1 ((l tCIl< <li 11 ri.'l'UIlll'U Hi i isnii ii ii uniuiiru i
,hat It contained 5I.K5 before lie lost It, but
hat It contained only $1.00 when It was reurnod.
'J'tie prisoner was Indicted for theft
'rom the person, but that Indictment failed,
>eeause, if the money had been stolen, It was
lot stolen from the person. The Jury, supposing
the penally would be thirty or sixty
lays imprisonment, convicted him of petty
arceny. Cpon this conviction, Ills Honor
sentenced him to the penitentiary for three
rears. The sentence was so excessive and so
severe that the convict cried, a vory unusual
occurrence with convicts In this Court,
md we are informed the members of thejury
regret that they ever consented to his conviction.
It seems that our courts sometimes
forget that theso blue!; men have families to
support, or any rights which we arc bound to
respect. That black man has a family that
is entitled to his services. Ho wasconvlcted
:m the evidence of the prosecutor, the defendant
denying the crime, and yet the Court in
Its majesty and In Its humanity deprives this
man's family of his services for a whole year,
for the theft of This may be Justice, It
may be merciful, but wo cannot sec It.
Allen Watson, another colored man, was
convicted ot assault and battery, lie was
sentenced io one year In the penitentiary for
Ills share In the crime, and one year for his
solleagui', whose name Allen had refused to
Jlsclose. Now, In the name of law, In the
name ol Justice, in the name of common
<ense, where does the Court .got the right to;
Inflict a year's punishment oil Allen because |
11 vj i *. iu'vu iw uirvnirv ku'^ iiaiitj v ui iun v-uileague
?
Wo would men I ion another ease: Kit Vt'ftrdlaw
pleaded guilty of assault ami halt cry on J
:u? olllcer. The tacts arc theso: The oRlcer
In charge of him, let htm get on his intito to
ride behind him. While going along the roaii
Kd. Wardlaw took out his knifo and made a
murderous assault on the constable behind
whom ho was riding, cutting him more or less
severely. Kor this oU'ence lie was sent to the
penitentiary for one year, ('an anybody sec!
the equity of these sentences? All the parties
to these two crimes arc colored people. There
ean be no rr.ee prejudice in It.
It has hcon said that wo have the crudest I
code of laws of any Slate In the Union, and j
we are Inclined to believe It.
Isaiah McCoppen was sent to the peiiileu-j
tiary, for two years, after having been convicted
of stealing a negro preacher's hog.
That hog must have been a snered hog.
Hy what theory of reasoning can the Court
adjudge the crime of stealing to deserve j
equal punishment to that meted ont to a pris- !
oner will! mimes >i niliruuroun usiiiui l uu mu
otSlcer wlio had lit in lu cliargo, ntitl who inlliolH
hucIi bodily harm as to prevent iho olllcer
being able to work for weeks Tina money !
point ol' view tli? prisoner's dootor's bill must,
have far exceeded 83.2j? The stenllng of the:
SIA'i mispetty larceny, and tbo Yerdle* Is so'
recordod. To show that there Is no fixed rulo j
for the punishment of crime In South Cnro-j
liua, hut that Mi# dependant prisoner mi'st !
snller according lo the wlilin of the Judge who'
sentences him, we cite t?n Instance nt New-1
herry last week where Hill IVIerson received
from Jtulxc Cothrnn a sentence ot kIx months
in the penitentiary for house-breaking In the
day-time. In tho cases of the thcttb'f sH.Ujand
the breaking Into r. house, there ran Lie no
comparison In the gravity of the oll'eiice, Snd
yet ll Is perfectly certain that Hill i'eterson Is
sulllclcnlly punished. Six mouths imprisonment
at hard labor is a terrible punishment
and one commensurate with the gravity of
the otl'enee of house-breaking, but what shall
we say of the Injustice of Indicting twelve
months imprisonment lor potty larceny?
a sentence which has shocked the sonslbllity
of every man whom we have heard speak of
it. j
-*?- - ?-?
.Mit. Nr.i:r,, of North Carolina, a member of
the msiIoi i-liiss in the I're-bytcrian Tlieol?v.i< 1
s, miliary of Columbia, prenchcd in llie
rrcsbyteriiui Church al this piaco ou bumluy I
^.st-iuorulus tui4 Qveiling. 1
The Trial of IVrgirson.
The f t i:il of John Ferguson occupied two
days of the (V.irt last week, upon which vvu
woii'd romail; :
1. This Is Mil* tirst time in Hie history of Ah.
hcvilie}so far :.s we are i:itonm-d, that any
ci'ii.-iiirr.ihii' i.c 111 i>L'!'??l*!". <:jsio have disciis-cd
i.fury a* tin-y have tiii<> <.:ie.
It is believed that no prisoner ever went
to trial with more kinsmen on the panel than
Ferguson ha 1.
This is the first- time, so far as we arc Informed.
that any reports have been circulated
to the ell'eet that a juror hall heen "approached"
to know if he would vote for the acquittal
or conviction of a prisoner, in ease he .should
choose hi in to hit on his case.
1. This is the first time we have ever heard
reports on the street indicating llie exact voti I
<ff the Jury on the innocence or guilt of ttic
accused,?before all lite evidence hnii been
heard, the specclics made, or the Judge's
charge delivered.
5. This Is the llrst time, so far as we know,
that any lawyer ever sought the acquittal of
his client of a grave charge, by assailing the
newspaper press for upholding the law and
discouraging violations of the peace. [.See
speeches of two of Ferguson's lawyers, to
which reference Is hurt.]
fi. Another remarkable fact Is, that In the
presence of all these remarkable coincidences,
no blame Is attachrd to anybody for
the existing condition of aflalrs.
We cheerfully give testimony that we believe
no blame can be attached toanyofileer
or lawyer connected with this trial. They are
incapable of doing any act. which would bo
subversive of (lie Jury system, upon which
depend all our rights. We only spuuk of matters
as they appear to us to exist.
It goes without being said, tii.it. those Jurors
who voted for acquittal, voted in direct
and positive conflict with the testimony, to
which reference Is asked.
Mr. 5.*. <?. <?orsa!os.
This able and flfticlcnt start"correspondent of
the Xfitrs and fburin was In at tendance upon
our Court last week, and furnished his paper
with quite an Interesting and correct account
of Hie trial, and it will he seen that lie went
further, and made some speculations. His
gentlemanly hearing ami tlie correctness and
fairness with which he writes, commends him
to the favorable consideration of the public.
I'nToriiiJiatc 'IreJJircn of the I*rc?N.
Our good friends at Laurens, the Herald and
the Mrrchantand Fanner, had their printing
olllces burned 1.-st week. The IleraUl had an
insurance of!l,i'.f.O, but the .Vcrc.'iatd and Partner
was less fortunate. The destruction of
his presses and type was a total loss. Tiio
Herald has secured the press and type on
which the Newberry AVim had been printed,
and its publication will be resumed at once.
m
GF.NEU.yi, i'. It. IlKMr'hir.l. has been appointed
a delegate to the annual convention
of the National Cotton Hauler's Association,
now in session hi .^civ urieans. 1 it is appointmcntof
the General to this important me<?ting
is In consequence of his thoory? not practiee?of
planting upland corn, with which to
fatten guinea pi:;s. Like Beecher, the General
makes his money on hogs.
i ?t> o?<c-?
I.isf ill' TpiirhorH.
The following teiehor:s having passed a satisfactory
examination on :Wth anil ."list of
January nil,, in Orthography, Heading, Writing,
Arithmetic, Geography, English Gratnnuir,
and History, are recommended and authorized
to teach in the free public fcehools
of Abbeville County lor year l&so:
WHITES.
First Grnttr?W. 1*. Graves, "W. F!. Pas ton, J.
F. Neville, -Mrs. Janlc A. Kiehey, -Mrs. Aniiinda
Jtohiuson, Miss MatP.e A. ltrown, Miss
Motile Clinkscaies, Miss Amanda Cork. .
HccohU Crude?Mrs. K. J. iladdou.
t'Ol.OUKII.
First Grade? Mrs. W. I .ester.
Hrcwut Grade?1'. K. Jones, W. O. Harris,
Alfred Chapman, Wm. Clark, A. J. I'eal.
'Jhird Grade?.1. E. Vauss, Daniel Tarrant,
Jr., S. A. Wright, Samuel Young, K. J. Smith, |
J. B. Smith, A. J. Hampton, Wm. Makiris,
C. W. C. Morague. llobt. W. Hancock, Maggie
A. Walton, Amelia J. Wilson, Joanna Gwlnn,
Carrie L. Walker.
JtEJRCTEfi.
W. II. Ellison, W. A. Valentine, II. IJ. I'rossiy.
^
I!e!??Me (Jiiriicrn-i'-Jtplliiblo Seed.
Messrs. Alex. Z.iehery Sou. of (.'ashler's
Valley, N. C., are themo*t reliable gardeners
to be Sound anywhere; and their Heeds aie
most admirably suited for this climate and
this soil. Cor many yea is these gentlemen}
nave furnished our people with the very best
and purest of seeds, Willi which they have, ho
far as we know, been abundantly satisfied in !
every instance. Mr. Zaehcry has been on our j
square for Mineral days, and his well known
Integrity, together with the proved purity of|
tils seed.-, are having their legitimate etl'ect
upon his trade in this market. During this
trip his sales were much larger than ever before.
Their leading seeds arc Buncombe cabbage,
turnips, and carrots,and we of our own
knowledge can testify to their value.
Hot Supper itt llic Kiinth;; Rlnli.
The ladles of the Methodist congregation
In this village, will furnish a hot supper on'
next Tuesday nigh tat the skating rink, the|
proilts arising therefrom to be. given toward
I Ik; erection of the new church building,;
which Is now in contemplation. Let ail turn)
out, have a good time, and contribute some-;
tiling to a laudable enterprise. i
I'alr WnrnJnjc.
Your town taxes are due. The town needs
the money. If It Is nut paid promptly the
iown will dosomething, and that some thing
may not be to your advantage. Do you understand
?
Dr. Ii. T. ITII1, of our town, performed a very
nice and delicate openiHon on the eye of a
citizen of this county one day last week. The
Doctor used the new anaesthetic?coeonlnc?
and was highly pleased with It. The operation
is a coiiiplele success. As far as wo are
informod Doctor Hill Is the first physician In i
the county who has used cocoa Inc. "Wcdldn't!
Kot these facts from him, either. An exchange
has tills to say: "t'ocoaine, tha new funicstlietlc.
ean be used for almost, every ache and !
pain to which flesh is heir, and Ins'tead of the
dangerous gashes heretoforeused in dentistry,
an application to the gum of a tooth relieves I
all pain in extracting. I>r.Sessions now tlsesj
it for this purpose, while all the physicians'
apply 11 in their practice. As a matter of Information,
we give lis cost, which is sixty'
cents a grain, or two hundred and sixty-eight
doiiars an ounce, this being Hie wholesale
price. To own a pound of Mils preparation
would represent the round sum of ?I,2*.V
Tttio beloved wife of Major A. U. Ward law
of this town is lying dangerously ill of what
is supposed to be a fatal malady. The sweet
and beautiful character of this good lady has
endeared many fi lends to her, who extend a.
most heart-felt sympathy to her and to her
family In this, their-hour of deep nflliellon.
The only hope which sheand her family have,
Is In the Oreat I'hyslclan.
We crave the indulgence of advertisers,
whose favors aro omitted from this issue. Y.'e
know they will appreela:e the necessity for
our act, and we will hold ourselves in readiness
to do twice as much fur any arid all of
them at any time, at a moment's notice. Call
mi uf>, ?u nui uu s<uu ii> nvrw
you.
Mis. En. CAMtorN a most, estimable citlzoii
of Monterey Is lying sick of pneumonia,
at. the house of Ills sister-in-law, Mrs. K. C.
ren in, lie came lo attend Court sir a Juror,
iiud \v:i? Inki-n sick, while here. Although lie
Is (|iilto sick, his friends are not apprehensive
as to Ills safety.
Hev. John Kickshaw. former vector of
this parish has re.'Isnnl his rectorship of the
Kplseopal Church at Home, Georgia, to take
ertVct In April next. It is rumored that lie
will return to tills State, and take charge of
the place recently made vacant by Mr. nullum
at WI nshoro'.
Mi:. .Tamkk M. Latimer. Jtt., or T.owndesvllle.
an old friend of the Press and Hunncr in
the war, was on the public square last week.
Wonhvsiys remeinher hi:n with great pleasure,
mid are always glad to meet him. May
he live Ion-.', and enjoy good health all the
time.
Hit. F. T,. I\\Mvi?Tt of Charleston, who has
lieen In Abbeville in search of health, Isyrently
Improved, and we hope that he may go
hack home greatly benotitted by his trip, after
we hare seen more of hint.
We are In receipt of a crate of delightful oranges
from the grove of our old friend, Mr.
W. II. Wilson, of I,nke City, Florida. The
present Is a handsome one at.d highly appreclalod.
Mu. A. K. Mti.i.kh, who has been teaching
for several years at I'iedmont, N rending medlelne
under his father, l?r. J. h. Miller, at I'ue
West,
Wn enll attention to the advertisement of
the New Ilelel, to which have lieen attached
the rates of board in that establishment.
Kkv. Mu. IIAxrKr.i. went to Newberry yesterday
to attend the Greenville Convocation
of the Episcopal Chureh.
Foil T'knt.?A very desirable two room cot.
taire at the Hul're place. Apply early to J. C.
Miller.
Kkv. Mil. MnxiiKNitAi.r. was In town and
preached In the llaptlst Church last Sunday.
IUt. W. C. W.\:u>r.AW of Augusta, Is on n
visit to Ids brother's liunily In their atlliction.
Col,. WAi.l.tNd.'-oiin has returned from
K' litucky with a line drove of mules.
Mlt. I 'ATT K ! :-!):; WAltUl.AW IS ?t llOIUO, to
see h Is mother.
1'i:ok. I.ownv of Duo West was In town last
Saturday.
- - <3 ?
Troy Am alio.
Tuny, P. C., February (5, ISS5.
The citizens held a very large ami enthusiastic
meeting this evening in tho Interest ol
the Carolina. Cumberlaml (!e.p and Chicago
ltnilroad. The meeting was not only attended
by all of the citizens of Troy, hut als.i by
all of the farmers In the neiahboring vicinity.
i in* tanners are so cniiiiistaMic over ttie
prospects of another road, iiml so Indignant
at the high rates of freluhis charged on this
road, and having the pood sense to Inlly understand
Hie value of railroad competition |
that a large innjorlty ot'onr extensive farmer*
propose to make very largo contributions i
and use all the etlurts In their power to com-1
plete the road.
We have received propositions from ft groat I
mnny sinnll farmers who are unable to make |
theircontrihutlons In money to place hands'
on tho road for Severn! months and work |
them free of charge. So that, while they aro
unable to contrlhnto In spot rash, br so doing!
they are mablen to contribute their prorata >
share for the building of the road. Many col-1
fired men hnve ottered their services for two i
and three months. If they are fed.
The meeting was callurt to order, Mr. TlenJ.1
Chiles In the Chair.
After listening fo a yerv animated and
forcible upeecn from Mr. (I. (). Hradloy In be*;
half or the road, it was moved and' unanimously
carried that Troy do her part In full. I
Troy will allow no town along the line <ioi
more than she will In proportion to her:
means, that she will even go beyond tho five j
percent, and grade the road from here to
Flard Labor Creole?n distance of five and a
half miles, and give as collaterals live per
cent, fin nil the taxable properly within tlie
Incorporate limits.
JfsilI the towns along tho line will go to;
work and do their duty the road will nil-,
dfv.ihtedly tie completed at a very early date,
and we will soon hear the locomotive thiiu- '
tiering along from i 'harieslon to Hue West. ;
Our farmers are thoroughly aroused to the
advantages of this road, fully realizing that
It means to thein cheaper corn, cheat o" lia*
con, cheaper ;:unnn, ami '.t'ot a cent more for
their cotton, our delegation to Charleston,
consisting of Hon. J. K. Ilradiey, I?r. .1. I*.
Neel, J. M. Uendy, <!. C. Ilradl.>-v, and ('apt.
It. \\. Likes, we well know will represent n?
in our true light. AM we want N that the1
giadinu lie started; mui all will see that Troy,
far from being In the rear, will ri.-e to the
troutaml kIiow tier colors, (ilvens the roud
ll UN J. CHILES, Chairman. i
J. M. Kenkeuy, tjoct'y,
1 s 5H5SSSE5!
TITS RAILROAD.
I
: 3iut> Worst Alive to Hit IJpsI Int!*3'??sls.'
r.i r. V: I -r. IYh. Hill. 1--I.
; Mr. John C'hiles.of 1'voy, hu* been spending
; a few day.- in town.
Th'.iv v.eit; two yf'iiHS. briijesnt ehiiivh 0:1
Subbal h, accompanied by I heir, young lords,
Mciiirs. Knocli N'uiscennd Wlliium lie!I.
Miss .lo-le t.'hilcs, of Troy, has heoit simmfInga
number of weeks with 1i<tsister, Mr-.,1.
It. Homier. Miss Josie Is u lovely looking
laity. t
i)r. .1. L. l'ris'-ly. of i 'edar Springs,' worshipped
wit!' tile Associate 1'eforilietl IVesby turians
last Sahb ith, ami gave excellent alien- <
lion to ilivlne service:* except. when some new ^
hcauly ill the church building caught his a!- *
lention. The Doctor must come oftener ami
lie will getov?r this. Wo have just, succeeded
in passing this point ourselves.
He v. \V. I,. l'rcss'ey pleached a splendid and
eminently practicable sermon last Sabimth
from the subject: "I,ay up for yourselves
I'lehes in heaven."
Mr. Join- Chilis,on viewing the now church,
said he had heard a great ileal aboutIt, but
that lie felt very much liico the (iueen of
Shebadnl on vlevlivj t!ieTempi.1 of Solomon.
The Literary Club meets nnw a month.
Friday night. It met at Dr. (Srler's. We
believe It is a secret society?at kwt we never
hear anything that transpires there.
l)r. [.alhan presided at the missionary meeting
Tlinrsday evening and made some excellent
remarks. Dr. <irl?*r rend an extract iroin
mission travels 1st the Knsl. What v.*??ulil you
think of aeit.v of f'J.M.Oi'Kii two hundred thousand
Inhabitants, not having n single nowsS
paper, nor a single street In the city? Tills
I letter war. from the l??d issue of the hul-'pniid< ?/,
atnl the writer had noi found out who was
j e'eeied President of these states.
| Duo West is much exercised over what (ion.
i I lagood is doing in Charleston in the Interest
! ol lh'3 Carolina, Cutnheriand ( Jap ami Chic>i-i
j so Railroad. Wis think this Indieates that
j Charleston is stirred upover the mailer. Due j c
I West Is,and at a muting of the citizens.:,
which, however, was held previous to t';o j
news from Charleston I'rof. .1. N. Vou g was c
called to the chair and Mr. U.S. Galloway
j asked to act ;vs secretary. Mr. It. W. Itaddon,
| a director of the Aiken meet Ins gave a full account
of that meeting and aho the exact
I standing of the road now. Kcmarks were
I made by Dr. lirier, I'rof. Young.' Dr. Miller,
i'rof. Todd. Mr. It. c, I!rownlee and others.
Dr. W. M. Grier introduced the following resolution:.
.
"Jin-fV.ve'i, That It, Is IhesenTof this meeting
that Due West cooperate with o'her .
lawns, viz: Abbeville, Troy, KJgeficlu m:d
i Aiken, in raising a sum equal to > percent. v
i on the taxable property of .lie town, for the!
j benefit of the C., C. 0. <Si C. H. It., provided the.
! city of Charleston pledges itself ton:: amount
' eo'.ial to the whole sum promised by these
. towns."
j This resolution was unanimously carried
I and the si?relary ordered to publish the inin-! j
nles In the county papers and also in the j
Xnr.t itii'l (hurirr. Mcellngndjourncd subject; j
to rail of (lie chairman.
' . J. X. YoL'Nfi, Chairman.
P.. S. <l.\ t.r-ow.vv, .secretary.
j In the eorresponilenee between ttic Moil.
i-Harms Kimomon ami nr. \v. .m. wrier over
1 the tuition fen ill the University. The uwdi|
vided opinion here is that the eminent divine
completely "took tho wind out of the sailj" |
of the eminent legislator. ,
?3 J J?
rVew BIoJvl.
Arrivals for the week ending February 10th
?.1. W. < iil!ll'h, New York ; J. M. Met,'rarv, [
Columbia: T. I). Wadrtell, New York: C. ! '.!<
I'.rent, Baltimore; .1. 0. Moore, \V. W. Moore,
I ('okeshnry. S. t.'.; J. 1). Jay, It. 1'. 'Wlmlley.u
i Troy; \V. II. Cox.I'lilhiiielphin : Slilcs lfoteii-.
. kiss, New York; C. M. Plclfer, Cincinnati; > (
I TIipo. l>e!Ion, John S. Bird. Jn, Charleston; i (
j \Y. K. Powers, II. I'. Hammond, Haiti more;!(
l I.. II Ilussell. City; N. A mole, Ureoinvnod; >
Modest Will Russ, Phllldclphia; J. L. Maul- J
dl:t, A. Me!See, Jr.. T. II. Dirk, .South Carol!-1
, na; T. C. I'errin, W. o. Bradley, City; John i
! C. Kails, Cincinnati; Pascal Iiavie, Peters-j.
I burs;, Va; N. c?, (Ion/.ales, Columhla; J. ft. i
llitt, A utrnsjji; H. s. Turner, Lniirrns; M. It.;,.
Bonliam. \V. C. M:<i;nva->. City; J. II. Sit-j
man, South Carolina; C. fi. Iladclon, Pitoenix
; J. \V. Kills, \V. K. Kills, A. K. Miller. ;f
Oliver Johnson. A. I). Kennedy, J. \V, Wide- <
ru;in, M. I)., J f!. Homier, Hue West; (J. W.'J t
Conner, CoxesOtiry; K, II. Aeckhelmer, Geo. ;n
i s. Mnelt, Baltimore; c. J. West, Cincinnati; j I
I'. 1'. Pounds, Bradley; Itlcbard Sondly, M. js
II* Wilson, W. s. Col bran, CitytW, II. Jen- r
nlngs, Betinetliivllle; Joe B. Sitnh.v, J. F. Mil- <
ler, Abbeville: II. Seliwerln, South Carolina ; ?
S. K. I,von. Philadelphia; Henry IIeini\
Bideosvay; II. C. l-'ennel. W. A, V,'. A. Lanier,
iMontery; 'I. A. Denning: Augusta; W.
i Brown, New Orleans, W. C. Sanders, (Sort. W. <'latwprtliy,
Baltimore; Clarence T. Walker, '
Savali'nah; W..I. Attrnin, Chicago.'
1IIUTI1S.
At Abbeville, February "tii, lf>85, Mrs.lt. 11
Ileinplilll, a son. i
A1 Cost! A t Con! !! I?
Twenty hoses assorted erackcrs. soda crnck- 1
crs, ti'/2c, lemon crackers UInner simps ; t
S'<e, assorted jumbles Mc. Twenty boxes I
stfirrli, ">( per pound. Ten boxes lohuccojt
:t;y.c per pound, 'J'tvenly 'i barrels family
mackerel 51.75, ,t2.IK) and ?:5.0l). My reason for I
closing out tho above iroods nt cost Is that I ,
will discontinue that line of iroods until fall. ; i
Abbeville Wholesale Store, n
Don't forget tint next Saturday Is St. Yal-! *"
cntines day and that you enn tlnd a nlco n8-,(<
sorlment of Valentines at 1'. F5. Speed's. | ?
Keep your machinery well oiled with the f
Oolden machinery oil, It nil! last much longer.
Sold by P. 15. Speed.
A frcKh lot of prepared points, white lead,
lamp black, brushes, oils, etc,, just received . '
by I'. 15. Speed. j
S.S. s., thebestblood purifier manufactured .
Soid by 1'. 15. Speed.
.. And don't you forget. It! It Is the best and
cheapest medicine niad>\ Hcrblnc, for chills,
fever, biliousness and liver complaint. Sold j T,
by I'. 15. Speed. I
. A nice lot of pipes. Just received, nt any!
price; from two and a half cents to seven dol- 1
Iars apiece, nt 1'. 15. Spec..'.".' j J
Hny voifr cigars and tobacco from I*. 15. i J
Speed. I}
Try ray >"o. S7 cigus and you will smoke no i <
other. r. 15. Speed, jv
Presentment of the Grand Jury.
February 4th., 1SS5. i
V
-0-0?
To the Hon. 11. C. IVcsulcy, Frcmiiny
Judge:
The Graud Jury respectfully submit ?
the following report :
We have examined the offices of the 1
County aim so rar as we are capame i
of judging they are well kept. We recommend
to the County Commission- I '
era to be more particular iu tho con- i i
tracts and rijid in lequiring j j!
a strict compliance with the speci -1 'j
flcatioas. The roads in some lo- i!
calitics are not well worked. The road
supervisors are expected to do a large
amount of work without compensation
The overseers are thus freed from accountability,
and the labor neccessary
to keep up the public highways is not .
given.
TheG. AC. R. ft. igrore Section 1"
1491 and 1502, of the General Statutes. !<
The A. & K. dirregard Section 147-5 j
and 147ti, and we recommend these! ^
roads to the attention of ;the solicitor, j"
The County Commissioners are^
prompt in noticing all complaintsic
made to them under Section llTSinre :i
gard to the removal of obstrictmns*' r
from creeks and branches, we recom^:v
mend a more general enforcement!
of the act.
The Poor House, we have examined 1
with care and recommend soma little |
repairs to the building. The inmates',
are well cared for and are comfortable. 1
| K\
The Trial Justices, have frtrnishedji
us v.'ith only 10 books. Four of these
cnly are in proper form and well kept,
we rccommeud the rest be required to
procure books of t ho same kiud, which
will furnish an itermized statement
of each ca.se. We examined tlie juii I
and find it well kept, with due regard j >
for the comfort and safety of the pris-: 'i
oners.
There are serious complaints made
to us of tilt palpubie violation oi the
law by some druggist in the sale of
ardent spirit* but we are not now prepared
with the evidence to prosecute
to conviction.
We tender thanks to your Honor and!!
J i (
the Solicitor aud the ofiicersof the court; t
for courtesies extended to us in the!
discharge of cur duties, respeetuliy I
submitted. ' |
J. H. OLDHAM, i
Abbpville, (! H.,) Foreman. j;'
Cs. C., Feby., -1, LSSo. J J
State of South Carolina,
, I
Couiifi/of Abbeville.
TO THE GRAND JURY,
Ornf/ruim:
As Judge of Probate Court which
has jurisdiction in the matters of)
Lunacy, I would respectfully call the p
attention of your honorable body to thf* V
fact that there are a few luuatica In thin 3
County who are uot violent or da tiger-1 '
our, ami under went act of the ifg'.s-j
liturecannot be committed to the hum -!
tic asylum. Thiaclasa of unfortuuate ; <,
people wiil doubtless have to be pro- '
vided for by the county and attention j j
la called to them now that surh pro- ; c
visions may be made as will meet their ?
requirements. [e]
A3 to t!ie fun.la In my handa I ro-1 .
spectfully report the sum of twenly-six. v.
hundred and thirteen 4!>-lut> dol lara, all j
of which is now on deposit in the
Anderson National Hank. [c
All of which ia respectfully tubuiitt!
ed by
f >V J. FULLER LYON,
( SEAL )
^ ' Jud^e Probate Court. J
Tiis AIM Msjisal Socieiy f
\5; If.1 SAf.K DAY I.N* MAKCII
VV - M. V/. T. .loM-.S l-iv^Uat. '
.inns a. li'uiiiNsvN, JieiTctarv. <0
L'cc. 10, l?i. lyr * ID
. -r
T1 ! !_ I HI illMlin ' " 1
S tJPEPJNTENDEMTS
i
HIGHWAYS.
i I1K following persons have licon nppolni-j
*
ill Superintendents of Highways far tlicit' rcipeellve
townships, to wit:
Xinely-SIx?W. II. Fruzler."
(Srecnwootl?J. II. Sample.
Cokes bury? Win. Martin. 1
Honnaldsvlllc?15.1-'. .Matllson.
Due West?Harvey (.'llnkscalcs.
Long Cane?Andrew ifcllwuln.
Smithvllle?N. I*'.Cromer.
White Hall?Thomas T. Cromer.
IndInn I ? ill?V.*. 11. Adamson.
(.Vdar Springs?Sain'l AWc.
Abbeville?lllehard Sondley.
Diamond IIIII?X. K. Johnson.
I.owr.desvlUe? M. T. Uutchluson.
Magnolia?W. N. C'albOiin.'
Calhoun?John f;ray.
Uordea'UN?W. II. Hrllt.
Those iron I letnen will enter upon the dlsiharge
of their dnlies Immediately. All roads
oust be properly worked and put in good
ondition by the 1'tli day of March next.
J, A. McCORi),
WILLIAM RILEY,
\y. T. C0T7AIT.
County Commissioners.
Feb. 1. 1W. It
State of South Carolina,
Abbeville County.
COURT OF COMMON PLEAS,
'.zekiel IIitrrKI'Iainllir, 1
aisalusl
runlus C. Murtln, ad admin-1
1st rotor, "cum teslamento | f.Q,
aimcxo ' of the .-state of M?,? ^ "P
Win, It -b-rtson. dereaKcd, |Leita
lltid.-unsUalncs.Sal-1 < .A A'!
ly T. MarMn, Wm. I.. I'ratti |
devisees of s>ii'l Win, (lob-1
erlson, deceased, Defend-1
nuts. j
I'o the Defendants Junius f. Martin, Leila|
Iliiilxcns (J .lines, Siaiiy T. Martin, Wm. L.
l'ratt.
\MJU are hrri-l>y summoned and required
. to answer the complaint in thlsuetlon,
)f which a copy Is filed In the t'lerk's otliee.
mil toservea copy of ynurnn?\ivr to the said 1
-omplnlut on the subscribers at the'.r otliee at i
'ibbevllle Court House, within twenty days
ifter the service hereof, cxmIusIvc of tneday |
if stieh service; and if you fail to answer the i
:omplniut within the time ritonsaid, the
tht: ii 11 1Y In thf* rfollan t??i II ??t*?*l?. t.x fl.'n I
|'i"J Ml IIJC 1 "Ull
iir llie relief ilofusiin the complaint.
Dated January 27th, A. 1). isV.
f ) 21. U. '/v.irw.Kic. C P.
L.S r l'AllJCKit A* McOOWAX,
1.-^-) Plaintiffs Attorney.
!'oabsent Defendant, Win, L. Pratt:
Tiiko Notice?That u summons of which the
ibovt* Isa copy, wish the complaint, li:t<s this
lay hem llled in th" o:llce of ino Clerk of the
ourtof Common Pleas for Abbcvllln county,
mil (hat iiiilc.-s you appear, answer or di'niur
0 said complaint witltin twenty days after
ervlce hereof, exclusive of! he day of service,
tncl file your answer In the said cruise as re1
Hired by law, Judcinent pro cou/aao will be
tillered against you.
PAHKKil &. M-cGOlVAX,
Plal!itiii"b Attorney.
Feb. 1,1SA3, fit
Ihe State of South Carolina,
Al'IJIiVILLK COUNTY.
IX COMMON M.BAS.
Jemlinn Dukes agnln.'it II. M. Spikes.
P'ltSlTANT to Ill's order of the Court, bearing
date January ?, 1S83, I will sell at
luhlic auction, at Abbeville Court House, on
<nle Day In March next, the following Heal
Estate, near Ninely-Klx, known us the Dukes
racl, to wit: Tlint tract of land, situate, lynir
and being In said Stale and County, eon*
alnlnj
Two Hundred nnd Filly-Six Acrcs,
norc or less, on weters of Saluda Itlver,
louuded by lands of Madison Iik-hardson.
tobcrl Calhoun, Kstate Uieba;d Walls and
ithers. .
TKKMK?One-half cash. Dalance on nine
!i) month*, wlih interest, secured by Ilond
nd inortKageof purchaser. Purchaser to pay
iir papers,
M. L, BONHAM. Ja.,
Master.
Feb. (. 1,?.Vi. it
The State of South Carolina,
ABBEVILLE COl'NTV.
. IN COMMON PI.KAS.
\ \\*. Wneener & Co., Plnintifrs. against \V.
,M. Hlggfns.?Foreclosure.
rjrnSUANT totl.e order of the Court, In
L this ease, dated :51st October KSI, I will
ellaLAblicvillcCouri IIou.se, at public aucion.
on Sale Day In March next, the follow-1
ng Real K?'t'iti', lu wit: All Hint tract or parol
of hi mi si mate, lying and being in Abbellle
comity, In the town of Donni'.lds, conaining
One Acrc,
nore or less, nml bounded by lands of A. jr.
odson, \V. W. Rowland, <?. I!, lield and othrs?being
the lllgclns l,<>t.
TKHM.S? Cash. Purchaser to pay for papers.
M.,-Jj. HUM1IAJI, Jit.,
Master.
Feb. 4, l?So. It
Bridge to Let..
J"IIF. contract to rebuild (lie 1ST,AND FORD
I millJUK over Utile River will be let to
lie Lowest responsible bidder, at the Rrldjje
II Saturday, February 21, 1 K>, at 1"2::W o'clock
i.ni. Specifications made known on day of
filing. The contractor will be required to
Ive l>ond Willi approved sureties. The rlglu
s> reserved to reject any or all bids.
William Kiley,
County Commissioner.
Feb. 2, l.-SI. St
STOLEN NOTES.
pIIE following notes were stolen from my
i bouse on the night of the ?>d instant:
1 note given by ijunrlesiV i'o., Nov. 1"), IS4?-!,
or SiEM-with a credit of $l<t>, and payable
,larch 1. ls.-\
1 due bill of Quarlos it Thomas for lf50?l
toundsoi' bacon. iHieoncall.
1 due bill of (Juaries & Co. for 100 bushels of
:orn. 1 Hie on call.
I due bill of Cunninglinm & Templeton for
; >> bushels of c?rn. Due on call.
The above note and due bills were made
>ayable to O. s. Wilson. All per-ons arefforevarned
against trading for them. *
U. S. WII.S0X.
Jan. 27, 1SS5, :!t
t
Dissolution of Partiiersliip |
PIIK Pnrt worship In law heretofore ejclr-tin::
1 under tin; linn name of I5KXKT. KICK
c SMITH, has tills day been dissolved by
niUiml consent.
\V. C. HKNKT,
J AS. II. KICK,
L. WAKDI.AW SMITH.
Jan. 28,
Formation of Partnership.
The undersigned have this day formed a
mi'liirrship fur the practice of law sit Ablvt,'illf
Court House >!iid in the <?>i:rts or (Ids;
*tnte stud of (he I'nitcd Strifes, under t!ic |
inn tjiinie of 1JKNKT .0 SMITH.
W. C. IIKNKT,
L. WAKDLAW SMITII.
Jan. 1S-V-. ol
J'lIM partnership heretofore existing he-|
1 l.wi'i'it W. S. COTHKAN stud K. I<. LYON !
tnder tin' linn name of W. S. COTtlKAN A
I ruirirlsts, Is litis day dissolved by inuustl
consent.
V.'. S. COTHKAN,
I-:, l,. LYON.
Jan. ISSij.
yi:\v
i'i itM.
The sinderslciied Iinve this day entered Into
i partnerslilp iiinler tit'.* linn tiiuite of COTII-j
JAN it- I'KilKI N. I'M- tin; purpose of eonduet- I
njlsi central l?iU'<i Itl'siNKSS. They have
eeured I lie sew lees of Mr. ! '. K. i! AKI'lSON ;
, pharmaci*l of undoubted sisili who will de nte
his exciu-dvc attention to the preparsi-1
ion of prescriptions at any time of day or I
light.
\\\ S. COTHKAN. I
T. C. I'KKKIN. !
jau. je, tf
.
;??<!cll A M'alcrs v I.. .1. i-io |
Pro:
! i
~>\ vlrlnoof potrrr of Aftnrncv xtvon fotno:
' lir fit iiil'I'ilili A WATTli'-". tin1 inorl* j
s Inn in, I " ill cell to ihe hlu'JirM liUMcr'
i AhlirvlMi' iII.. s. mi TlK'flShAT. tlie i
!t!i (if February, ilic following nnuhin-)
111'
)ne Planer and Matclicr,r
i
irron<lori'?Ui.v llio morlirHjrnrs almvo nnnml!
> >fitl."fy /? ', hin'/i ilio said mortgage ami:
n!>. S;i!c :tl 1 i o'clock.
?cash.
B. K, Beaclmm,
Atty by Power for Gcodell & Waters.
Abbeville, .Ian* ^7, 'Jt '
W Ij. . MILLEK,
^ttoi-nov At Lnw, !
AJlitKVILLK, S. C. '
Hicc formerly ycjti^icJ by J uU-'c Thoun auj '
CO. ?li, lit J. * J
I
vOL"l'T n P. caijioun.'
HEMPHILL & CALHOUN, 1
A.itornoys nt T^aw. M
NYIHprnolicc hi all the Courtis of the State.
Law Partnership. 'jB
THE iin?Jcr.?l3iicM have this i!ay formed u ..
partnership for flu* practice ol law under
'.lie liini name of < J HA VI >i >.\' A (JUAYDON.
We uiii practice in :iii <lj? Courts of tb?SinJ?;'
ami in tin; I'ni'oil Male:. Cnu.ts lor tt'.C
trict.of South Carolii.ii, aifil .Mfill give pronipl} :
ami careful attention to all LuhliKH.s placv(>in tjfl
' >tt"t ' GoilAYPOyy'
Abbeville, S. C. 1
JUST OPEKXED AND READY FOR THE
0 nccouimodutlou of guests. _
Pond hv the Hay ? 2 00
Hoard by the week 10 ft) '.'jfll
Hoard by tlx; month HO 00
Table board per mouth 20 uu g, ''gH
MRS. E. KELLY, UWm
Proprietress.
0. WITTER,^ :-M
Garden Seed! ' -^1
Garden Seed 1. WL
E Lave Just received a lar^e stock of S
LAIMDRETH'S
FRESH BABDEN SEED 1
J cs 1SS.- tf ir" W* LAW30N & C0* If JM
AFFO11TIONMENT .
PUBLIC SCHOOL. FDNtT;?
FOR 1885.
'PIIE following Is the amount of money at
* the disport! of the P.ourds of Trustttss of 'Wgg^M
the several School Dlstilct* in AbbcvlH#>, '.5?!
county for the year Jf85. Section 1002, of Hut" ,'r 'fl
School I au\ 'provides that the Sclmol Com- - rvjuflH
mlssi.wc-r"fihnll annually, on the Istday of
February, or.a's soqu as practicable thereafter. 8
apportion the Income at tlie County Sclwfpyl-.' ;;4H I
Fund amon^ the several School-DlslrUis ct'
his county In proportion to the average nuiutier
of pupils attending the fteepabllc schools ~JSl
District No.'] SI 27*. wi
District No. 2 I -JGu OO
District No. :i 1 .W 00 ' :?
District. No. ? 7.S7 0I) '^8H
l'l>trlct No. i 1 23) (XI -"aW
District No. <i ft**#IDistrict
No. 7 1 WjOO
District No. S... ;.... 0C0 00
District No. 9 7W.W)
District No. I" OMIT, U3B
District No. ii i District
No. I'J 700 ?*i
Dist rict No. It! 50(1 (X) :.!?
District N"1. 1-1 ;>tJM
District No. 1 ?w m/
(iKO. (;. HODGES,
School Commissioner.
PERKINS, 1
iiifsofimss I
COMPANY, . J
MANUFACTURERS OF "''J8
nnnRmsHJUNiis! m
MOULDINGS, M
BMCKETS/^j
Yellow Pine Lumber, Etc. >ti|
Estimates chcorfully rendored. Addross fnk
Perlins lifaclmaj Co., . %J
51G Calhoun Street, Augusta, Ga. '' J
Oct. 8, 1884. Cm. " '
For Sale". I
T3y virtue of an innnto desire to supply^
the demands of tlie trade, wo will sell
that large and desirable stock of j
Ready-Made Clothing and I
Overcoats. ^||j
situate in'the town of Abbeville in tho
upper part of the Dry Goods establishinent
of \\. Joel Smith & Son, and
bounded on the right by their well known
and extensive stock of o 'wjlj
Fine Hats, 4 A
'4
and on tho left by their immense reserve
stock of
Boots and Shoes, J?
bounded in the rear by a barricade of ':jj|
Saddles and Trunks, 1
.surmounted by an armory of Brcech loading,
single and double barrel
Shot Guns,
and in front by a continuation of that
same immense stock of Clothing till you
roach the rock wall of low living prices.
.Sold to satisfy tlio demands of the trade.
TKHMS?Reasonable. ; iSmith.
& Son.
Merchants. ,5j?
Nov. 2(1, 1SS4. it
A. CAED
To the Traveling Public. :||
THR Ponrdlne House formerly Known ns .'fy
the MANSION llnl'SKJiisl above K. R. ii?,
Schneider's corntr, south side tSrourf Street, .^^3$
is now kept l?y Mrs. Surah T. Itedd, and will
heretfter he known rts the CI.KVKJ.iANl)-. tjjjg
Ilul'Si:. Nnined in honor of the President ' ,.<$5
elect, All persons visiting the city are ear- ,
ne?ily solicited to stop with Mrs. Itedd, ns her * V"-w3
table will be as good us the market will afford.
mm Hroad Street. Augustu, Uu. . ; y*!
Dee. :U, is? t. :,tn ; 'iJaM
Da Yon Enow How to Save Mraey?. I
IF NOT. then renb the following prnnd
noniiccincnt, which will tell you how
>:oods arc lo be slaughtered for the next UO
Jays at *
I
Famous store of General Merchandise. Remember
thai they have in stock a eomplelo
line of everything a man, woman or cliMiT
could desire. They will
For die jS7cxt 30 Days
DlliT Ihelrrntlre stock nt the most reduced
prices over heard of. .hist look!
<>IN<;iI A.Ms, 'i cents per yard. M SIIKETINi!,
'i rents per ya.nl. CALICO, 1,'j, o and 0%
ucnts per yard.
Man's, Yoitl's art Boy's IMiig
r? l)o sold at almost a sacrifice. A larce stock
ill IN.IMKSTll S to t?csold nl pries thai will
istonl.-h the olox-st buyers. .Now Is your
time to scciii)' a good TltL'NK or VALIfjK.
iroccricb will positively be sold at ;
Eock Sottom Prices.
Ha-lr beautiful stock of SILVERWAWE will
li( ollcreil ehcaper than o\er before. IjidieH*
tvill find It to (lieir Interest to inspect their
tnmense stock of
DItESS GOODS.
fills imat sale will be made in order to rvakc
room lor their Sprint; Slock and wtlioiil V la>t
por .Vi days, lie on hand ploiapll.v. ar.u Voll
Will becouvinced that they iiu-an business.
P. ROSENBERG & CO.
IVc. .11, Issi. tf
A Long Needed AVant
SUPPLIED.
MILLER ERG'S,,
A KM AtiKVi-i I-MIt'WAVNAMAKM!?
/\ I'.l'.l lU'N, Merchant Tailors, the ;ur::r*l
lioitse ol tin-kiinl ill Hi.- t niti ii siaN *. ai-fl
uv prepared to t.tl;emr;isuri.- tin K.ntl'ttieit's
ai'* oi every <li'?'ll|>t Ion. iUit f.io I i: it Ire'l
sample* arc on exhibition s:? llo si ore of
illLi.U: CU JiTlUtJV
December 21, Uil.
m
\