Historical Newspapers of South Carolina

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B ^ Ji samem ?.,. Ill L- ? ? ? J ^^^IIT UT WILSOX. ABBEVILLE, S. C., WEDNESDAY, OCTOBER 28, 1885. VOLUME XXX. NOi" SECONB TRIAL. B^THE SECOND DISAGREEMENT OF "HE JlkY. This Time, 7 to 5?*?+ ^^ Tlic Difficulty ot: Procuring' Jurors? fi&g The Testimosy for and Against the JPrisoner?Speeches for the State gffiBf and Speeches in Behalf of the Ac B cnsed?'The iliw as Laid Down by the Judge?rhe Disagreement ofi the Jury. If On Tuesday of las week John C. Ferguson appeared for the scc<nd time at the bar of justice to answer to the?harge ot murder in the killing of Arthur M;Benedlcton the 24th of ^December last Theiefendant, it will be seen, hd raits the killing, md as a defense, puts up the plea of "not giilty"?by reason of unsoundness of mind t the time of the "homicide." For this horalcideh was tried at the February Term of 1J<85. At jhe June Term the case vas postponed. At tie extra Term of Court H9Hln September me ?isc was nut vtmeu. jh, ^^^B'would seem to us frot the evidence-that the fl^Konly question lnvol>11s that of "unsoundof mind at thetime of the homicide." The defense sets up ri other plea of justification, and wo presum; that none other could be adduced from Uio tetlmor.y. FIRST DAlOF THE TRIAL. ' ' V Mr Sitting sif the Conn..Org.iuiKatjAn of 1 the Jr -y?Tliri ^Panels Xccessacy Before the Jurj|j Complete. Mnwvt-n AntnKnp Ofl 1RSS I promiiyat half-past nine Vlock/Vjs Honor Judi Wallace presiding. Solicitor J> Jj. Orr, Stelgrnplier w. Aiken. B'tcrk M. O. fcelgier, Asin'&t (Jlerk L. 1). ConBcr, Sheriff J. V. C. Dire and members of ( lie Bar, were In their pijes ready lor the dls barge of their respect! ^duties. B Reporters for the Xew.tyd Oowier, the Co t mwW'? liryista\ the .4v^VaCftronicle,and the < Boca) press were undeiV>od to be present 1 Ready with pencil and pji*r to note whatever Br Interest might occur, ' That portion of the scafahich are usually ' Bet aside lor colored spilators Was almost f mp:y, not more than twatMsen dusky faces l>eing visible. On iUeopAiie side, where the [while people sit, nearly efc-y s-p.at was taken. ! L Th^Uiork caliid the rolbl ju:')rs. f Tliccaseof the Slate adust Johu C. Fer- 1 guson was called nl ten linntcs before ten 1 o'clock. Solicitor Orr, Mfejrs. Leroy F. Youmans, M. L. Bonham and 1; C. McGowan ap- ! pea rod for the State, whii Messrs. Keuet & * smith and Eugone IJ. (ia$, represented the ' prisoner at the liar. T , ! Witnesses for the State Mire called by the ( Solicitor. The witnesses fq the defence were called by L. W. Smith, Kstj Ititfuie uuuon ana L.uey?SaiHlcrs rot an- : sweriag to their names wfen witnesses for J the Slate were called, were iiied again with ?utrcsponso. The Court ditcted the Sheriff J to semi for thetn. Waiting ^r their appearance the business of the Co^rt was suspeuded for about fifteen minutes. f Spectators were present t? witness the second trial of ] ethuos the jnost interesting j case that lias ever been titd at Abbeville J Court House, and which lbs attracted the jixjst wide spreud attention throughout the ' Stale. Ttre'drawing of tli.jjury consumed j iienrly two days, anu the number who we.e ' drawn to serve in t his case soTar as we are in- 1 formed, was greater than *as ever before ! drawn at any trial. From fint to liist, wo believe iho total number of jtirois vvtio were 1 drawn was eighty-two, nnd by reference to the lollowinn synopsis of what was done, the dif- 1 cultyof procuriuga Jury may bo j-aitially Inderstood by the reader. ' At ten minutes past ten o'clock the prison A. John C. Ferguson, was brought from the ^^^room, wlicu he occupied tlie bench in |^Kock. The prisoner seems to be somewhatJ MREH'N'^'U, miu uurug [Qe ume wh'ie wait BH^B^c^rogrc'ss ia th? trial, he was allowed to ( MBKBare to^Ufij " r-v roon, that he might be more or iuW>%- 2GJ.1'ortable, or perchance 1 ^^^Hlic might be free't~?roa\ U.^.-'jaze of the 1 ^^^HflHivd. His manuer iidicatesam^ppreclatlon Hj^^Bhe gravity of the stuatlon. V BHEMfre question now ak>je as tolhrhcther the ^Hfl^^Boner should he urraigneB and after discussion, the Court expressed a perHKgB^Vwiilin^ness to aoedo to the wishes of . MHHH^Kjrisoner In this particular. Solicitor Orr tha t he had been irraigned at a previous |^H^^Vui-t, and it was his cistom to hare the Clerk HOBmimenue witli "these Joodandlawful men," of the arraignment. Mr. lieoct, of coun Bl for defense said thabthc prisoner desired Sj^Vo enter a plea of "not tfiilty?because of tin|H^Boiiii<l2te.s8-of miudattle time of the homiH^Beide"?he desired to etlcr a "special plea." O^Kriic Court so consented and th? Clerk uroI^H^^tied to call the roll of "these good and lawM^^^kpen," who wore to lo*k uj'uujthe pilsotcr ^HPUPVnc bur, and who werelo compute the jury, and set upon the trial, t'he first juror who was callcu was __ . K. L- CJiukscales?staie oracreu uun 10 stand aside. B j. X. Cochran?at request of prisoner, sworn on ills voir di3~c. Court?Ilavo you any bias for o^agalnst the V prisoner? HP Juror?Xo, I have no b|js or prejudice in . the matter, but 1 have forftjed an opinion. * ourt? Is that opinion < fsuch % nature as to H|H affect your judgment, arid to prevent you from gi villi a lair and Irararllal verdict acHP cording to the evidence wttlch you may hear Mr fjom the stand? |V jiwor?I don't know but hat it might. W Court?Stand aside. 1, K >V. P. Devlin?Sworn on p?fr dire at request y of;pri.soner. This juror hadpb bias or prcju^ dice in the case ; bad formeano opinion ; was no kin to prisoner by blood r marriage, and r knew of no reason why he s^uld not give an impartial verdict. Prisoner Zjjeeted-to hiin. A. T. Robertson?At req?st of prisoner sworn on voir dire. Like the receding juror, lieseetned to possess the uceesaiy qualifications, but he was objected to Ir tlie prisoner. T. M. Knox was next called,Then the State t ordered him to stand aside. \ A. J. Woodhurst?At requ?t of prisoner f worn on voir dire. He had n prejudice or bias, thought he had formed o&xpressed an opinion as to the orisoner'gliift or innocence. He thought that opiniii would not affect hisjudgment in sitting ojithe case. He .rvr??i,i t..uo ihHoatii totrive thOrisoner a fair and impartial trial, lie is noiLn to the prisoner. - At this point Mr. Eonot attntcd.tbe attention of the Judge. i The Court?Does the counsenr the defense k desire to ask the Juror any quiious ? Mr. linnet?Would it not be fell tonslc the Hk Jurors upon wluit circuinsftnnc or faets they H have hosed lheir opinions? 1 niijht be well lo ask them if they had read t very full ac. counts of the previous trial tiipuhiLslied in! the Press and Banner and the J weaver. Tiieir i opinions might be based ou ihipei-. T. Court?Their having reau in?ew.>papers is i immaterial. That fact would h disqualify them from sit tin? as jurors on $ case. - j .Solicitor?From this juror's Hi, i would j say that he is competent to sit c his case. Court?J see no reason for ord ug this ju- | to stand aside. l risoner obucd t'o him. j \V. P. Widemnn?At request o riso'nor .*as I ^^^ svorn 011 lus ?/c (iiVt. He had tiiasorprej-j j^HjHndice. Had formed au opiniouJ Court?Upon what facts or rcumstances you predicate your opinion , HHH Juror?1 formed my opinion im what I! NmBiuJ heard ol the case. ; BHHH^^Court? If sworn, could you ider a fair HH^Hd impartiul verdict? Can take-the DBMtn ? l^^m^PJuror?No, sir. \ ^^^E^HCourt?Stand aside. ^^^^^Hllobert \V. Hester?State ord?u him to ^ MB^Rand aside. I ^^^RaS^HjaujuS C. L.Vila.-?AC request <o>riMjner, Hfl^Bas sworu on liis v;iV iftu'. ThisAr swore! ^D^Biat he had DO prejudice or bias; ft ju; had : H^D^Hnnicd an oplni- u , 1m' liei.- <o \ to !ie> ibm^brisoner: and U..it h.; ki.ew o. >o w iy j IBs could not render a la'" and iniplal v? r IcL Prisoner onjected to him. i J. C. Jennings- sworu. H. H. Clamp ?At request of pri'er was I worn on his voir dire, i e ha i no 1> or proj-: fidice: bad form :d an opinion1, wUi-.\mi{ tit j [ufl'ect hisjudijt!:*. n*. i -Court?Stand aside. -C. M.Calhoun?At tlie rcouest of goner' rwas sworn on his wir dire. He had ''if?* or' [pr'.'judlee whatever, though it is possi1, that j Pie had formed or expressed an opinio! |f Court?Is ii of such f iia'.uro is t'dl';ct k/^ur jud^inettiu giving u verdict ? \ j i . ' * V. - ' ' I / ' , I j v v . I; k 1; m -. i Juror?No, sir. Court?Are you kin to the prisoner? Juror?No, sir. Court?I see no reason why this Juror should not be sworn. Prisoner objected. YV. it. Powell?Sworn. : G. W. Mi I ford?At request of prisoner was sworn on his voir dire, lie had no prejudice i or.bias, but had formed an opinion, and was afraid it was of such a nature as might affect his judgment. Court?Stand aside. Jerry Bacon, colored?Sworn. Samuel II. Benjamin?At request of prisoner *Vas sworn on his voir dire. life had no bias or prejudice; had not lormed an opinion; and knew of no reason why be should not sit as juror. Prisoner objected. It. W. Miller?State ordered him to stand aside. A. M. Erwin?State ordered him to stand aside. G. E. Mcllwainc?At request of prisoner, ofMrn nn his voir dire. He had no bins or prejudice, although he had formed or expressed an opinion. Court?Is it of such a nature as to prevent you trorn taking an oath to try the case? Juror?I can't take the oath. Court?Stand aside. John M. Rasor?At request of prisoner he was sworn on his voir dire. He had no bias or prejudice; had formed an opinion. Court?Is that opinion of such a nature ns to affect your judgment on bearing the evidence ? .1 uror?It might have some. Court?Stand sisidc. A. O. Grant? Swoin. \V. S. Colli ran?State objected to him for cause. This juror being a witness in the case. 1 \V. D. Mars?State ordered him to stand aside. Charles S. White?At request of prisoner, sworn on his voir dire, lie had no bias or . prejudice, but bad formed mi opinion, which opinion, he said, might allect his judgment, ' iind the Court ordered him to stand aside. J. P. Riley?At requestor prisoner this juror was sworn on bis voir dire. lie had no bias or : prejudice, but had formed sucli an opinion as might affect his judgment, and therefore i could not take the oath. The Judge of course . ordered him to stand aside. J. A. Brooks? t rtvi/l vnnr TT/\nA?? flint ' OUIJUllUl' i lillUVIQUtliU) jwvu v?vt this juror is kiu to the prisoner. Jiuor?I am not kiu to him, but I am second cousin to his wiit*. Court?That would disqualify you. Stand aside. G. A. Douglass?At request of prisoner was sworn on his voir dire, lio liHd no bias or prejudice, but had formed an opinion of .such it nature as it mightailect.his judgment. Court?Can you take the oath? Juror?No, sir. Court?Stand aside. T. P. Quarles?At the request of prisoner was sworn on his voir dire, iie hud no pcojudice, but had formed an opinion, which he thought would notjaU'cet his Judgment. Was no kiu to prisoner. Prisoner objected. Dor.nis Washington?Prisoner objected. .. J. M. Giles?At request of tiio prisoner was sworn on voir dire. He had formed an opinion. Court?Is it of such a nature as to prevent foil from giving a fair aud impartial judg- , rnent? J uror?I don't think so. Court?I see nothing in this juror to disqualify him from sitting on the cu.se. r i irijui'i wiywivu, It. E. Henderson?Sworn. Samuel Wilson?At request of prisoner was i sworn on his voir dire. He had no bias or prejudice, had formed no opinion, was no kin to the prisouer, and was otherwise qualiJied lo act as juror?and was sworn. < II. I). Reese?At request of prisoner was | sworn on his v,ir due. Had no bias or preju. , lice; ha J formed an opinion; could not take the oath to act as juror, .aud was ordered to . stand aside by the Court. < T. C. Turner?At request of prisoner was sworn on his voir d.rc. lie had no bias or prejudice, but formed an opinion, which opin- j ton this juror thought wou:d not attect his < judgment. The Judge saw no reason why lie j' should not act as Juror?out the prisoner objected to hitr.. h J. C. DouuIhs??At the request of prisoner , was sworn ou his voir dire. He had no prejudice or tiias, h; u formed an opinion, which tie thought would not prevent bis giving a fair and impartial judgment. Prisoner 6blecled. A. \V. Smith?At request of prisoner was sworn on his voir dire. Ho had no bias or 1 prejudice, but had fsrmcd an opinion, which I might atleit his judgment. He could not : take the oath, and"" was therforo ordered to stand aside. The (Jierk announced that the panel wasj' uow exhausted. j 1 Court?Recall thoso jurors who have been I ordered to stand aside by the State. R. L. Clinkseales?At requestor State sworn on his voir dire. He had no bias or prejudice^, j had formed an opinion. . j Court?Is it suet" ?n opinion as would p"e* vent yo*? ivoin giviagan Impartial judgment? jmi or?I d-3 not know as it would. TV M. Knox*? At request of the SU?*e, sworn l?u Ills wfr dire. He had no bias or prejudice; had" formed an opinion, which opinion would affect his judgment. 'He could not take the oatlu, aud was conseq'icntly oidcred to staud i us; die. v ' K.|W. Hester?At .request of the State was i swoiju on his voir dire. He had no bias or 1 prejudice; had formed.an opinion, which i opinion he thought would not affect his judgment ou hearing the evidence. He knew | of no reason why he should not act as juror, LUlU WHP SWOIU. J K. \V. Miiler-?^it request of State was sworn on his voir-dire. Ho l;ad no bias or prejudice; had no opinion; could give a fair < Lind impartial judgment; was no kin to the i prisoner. State peremptorily challenged him. < A. M. Erwin?At request of State was sworn ou it is voir dirt-. He h:<d no bias or prejudice against the prisoner; had formed an opinion < which he thought would aired his judgment; lie could not take the oath, and the Court ordered him to stand aside. < W. D. Mars?Sworn at request of the State ] on his voir dire. Court?Have you any bias or prejudice against llie prisoner ? 1 Juror?No, sir, I have a sympathy for him. j Court?Have you expressed or formed an opinion as to liis guilt or innocence ? Juror?Not since the last trial, liefore that J time I had expressed an opinion, i doubt my ability to decide. If I were pressed I would go' according (o law and the evidence, but would rather not serve. < Court?Any of the jurors would prefer not j to sit, but Unit is no excuse. I The Solicitor objected peremptorily. ' The Drawing of n Sceond Panel. This was the last of the jurors who had been ordered to stand aside, 'l'ho Judge suggested that another panel of fifteen jurors tie drawn. Mr. lionet?As each siile is exercising the right to swear jurors on their voir dire, flint number may not be enough. Twenty, it woutd.seem to us, would bo the better number. ? Court?Then let twenty be drawn. The jurors then drawn arc as follows : R. K, Hill, J. B. Wharton, James Taggart, Sum Abies, P. 13. Speed, J. L. Drennnn, G. H. Moore, Patrick Roche, R. H. Cochran, J. R. F. Wilson, T. C. Seal, j. M. Warren, McD. Cater, Kelly Bowie, W. L. Miller, J.T. Lyon, Robert Thornton, l'rank flenry, John Clark, t Richard Hill. Some of these new drawn jurors lived in the country, at:c! us it would require several hours for the Deputy Sheritr to have them in Court, on motion of Mr. Benet. the Court adjourned j at half-past eleven o'clock, to convene again, at three o'clock. The Court ordered the e'ght iurors who bad beeu sworn to trv the ca*e, to remain in their seats until nf??r the audience had retired, atl which lime the Wfts ordered to lock i' them up in tlie Jury room, and keep a guard'; over them to see t hat they had nointeivoursc i with outside persons. We learn t hat this pre- j caution was taken by thc.indgeat thesegges- j; tion of Mr. Benot, the Son Tor counsel in t he i defense. This action of the Court was wise. not because there was any danger tt>ai ineser u:cnt;er.ien of thojury were suhjeel to oUWdo J Tn^nenee, or tliau any effort would be wju.6 to inftnenee tb<-in, biit for Uio reason Umttliis j, evurse would prevent the possibility, ol any thouuhtof unfairness. Sucii precautions, we | b< lieve, Are taken elsewhvre )n till important i cases, and the rule should prevull every where. After Bcccss* TlTESPAY Evenixo. Court convened at three o'clock. The eteht jurors who . h:ul been "sworn before rcecih, , were now brought out of the Jury room where they had been kept under gu.ird during t-j^r remove;, . \ v::?v 1 n.??"! -? to comrvonor !^ ' call of jurors. Mr. b< nct, of counsel for do- j fensi?, asked if tlicy were not entitled to watt until the pajiel was- full, or until the absent ! jurors v reexeu d. "tic "< urt "XT' sed a willing!.. ss to wait as m? .-"id, it the conn- j sel de> i d. Uourt then e>.i re?-cd the; wish, an , tli<j_<v urt si>pen i- d b- inc -. ' At I' ve ' 'cloc k '"icm 'urt r-ilouvncd n*itlr.?ut inakin-; Uier' i-o?r, j. a-ri : D' i'rc in ConsklerM'on Of the om t. o !h?; urorsi who had i nj sv.-ori?, miUe arrnu '-imnts fo: ; the:racco;..rr.o'K.t.on in a i?oom Jn tJ>.* j Hotel, where ttiey were cared for, and kept, under guard during thp ni^ht and all interC".:r: outsiders nrr'ct'y'{-rbidden. The defense have summoned about four new witnesses, while some of the former witness-! es ha v; ? ! c*i cxcused. The state's witness I ir i. !ui f t llic.mrv... .? .u. i I -vi'U&v?o i\'T ifuc m?il / ' v.jr. iV&fc., * ' i fl SECOND DAY. WEDNESDAY MOUSING, Oet. 21, 1885. 6 Patrick Roche?Sworn on his voir dire: sulci that he had formed and expressed an opinion before the trial, and that he Mould rather not sitasjuror in tills case. The Court then said, "tliat is not the question. Canyon tako the oath to give the prisoner a fair and impartial judgment?" Thejuror said that lie didn't think he coulu take the oath, and the court ordered him to stand aside. James Taggart?After being sworn on his s voir dire, said that he had no bias or prejudice for or against the prisoner, and. frnew of no ^ reason why he should not give him a fair and { impartial trial. Prison it objected to him. Frank Henry, was sworn on his voir dire, . and said that he wits without bias or preju- r dice for or airainst the prisoner. but that he . had formed an opinion, which opinion, he ? thought would preclude him from taking the ? oatli to render a verdict according to the evi- . dence. Court ordered him to stand aside. .T 11. F. Wilson, was sworn on his voir dire . He had formed an opinion, but it was ol such ( a nature as not to all'ect his judgment; he . was no kin to the prisoner by blood or atllni- f ty, and knew no reason why he should not ~ sit as juror. The prisoner ordered Lira to j stund aside. J. M. Warren?Sworn on his voir dire. lie , hud no bins or prejudice against the prisoner, and ;ilthough he had expressed an opinion, * he could take llie oath. lie was no kin by af- : Unity or consanguinity, and could render an , impartial judgment. The juror was tiien of- , iVred to the prisoner, who promptly rejected , him. (J. II. Moore, was now sworn on his voir dire. fTe had no bias or prejudice but- liad expressed an opinion, which he thought would not \ iilfec-t. his judgment. He was no kin U> the \ prisoner, and he thought he could render a ] fair and impartial judgment. Prisoner ob- c (ected. I It. E. Hill?Sworn on h is voir dire. Thought t lie could render a fair and impartial judg- r inent, and the Court ordered the Clerk to ot- t ler him to the prisoner, who objected to his g sitting on the case. c Kiehard Hill?Sworn on his vnir dire?was [ afraid previous convictions might afiect his j judgrm-nt. lie declined to take the oath, and c tiie Judge ordered hiin to stand aside. t T. C. Seal?Sworn 011 J)is voir dire?Had no ji bias or prejudice for or against the prisoner, t Had expressed an opinion, but thought that t opinion was not of such a nature as .to afleet i Ids judgment. The Court then asked him iff lie thought he could take the oath to give the t prisoner a fair and impartial trial. To this ti the juror replied. "I think 1 could render a ;i verdict according to the evidence brought out. f In the trial." The prisoner then accepted ju- g rcr, the Sheriff asueu mm 10 piaco ins imnu i upon thy book, while the Clerk swore hi in to make a true deliverance between the .State of South Carolina and the prisoner at the bar. John Clark-Sworn on his voir dire?Had formed such an opinion as might atfect his judgment. He couldn't take the oath, and Ihe Judge ordered him to stand aside. Kelly iiowie?The State objected to him for ;att so, the juror being also a witness in the case. Mel). Cater?Sworn on his voir dire. Had no , l>ias or prejudice, but had expressed an opinion. He could render a fair aud impartial judgment. Prisouer objected to him. J. II. Wharton?Sworn on his voir dire?Ihxd no bii.s or prejudice: had not expressed an opinion ; could give a fair ami Impartial jndg- c men t. was no kin to the prisoner. Prisoner objected, and he was stood aside. At this stage of the proceedings the Clerk muounccd that panel wbi exhausted. A Third S'asicl to be Drawn. Court?A third panel will be drawn. I would be glad to hear expression of the Solicitor and the counsel for Ihe defense, as to the proper number to be drawn. , After a consultation between Solicitor Orr ' \nd Mr. Rcnet, at Mr. lionet's desk,Solicitor 3rr returned to his desk saying: "We have agreed on ten, your Honor." The jurors were then drawn, when the Sheriff, with a number of constables, proceeded to summons them, and although some of them wore as fur as eight miles in the country, he -] was ready to report on the re-assembMng *of the Court at three o'clock in the afternoon, HUtll wniCU 11.'lie lilt; wouib hujuuiucu. . After Eeccss. t A PTE UN DON SESSION. ? Court, was called exactly at three ocloek. I The Court room is crowded with spectators r to its full capacity. General E. w. Moise ? takes his place at the bar on behalf of the ile- 1: fenee, beinsi his llrst appearanco in the case. 1 Ho and Hon. Leroy F. Yomnans being em- i ployed by a Jewish society of North Carolina, f The Clerk culled the roll of jurors as drawn in < Lhc forenoon who were accounted for as ful- li lows: . 1 IX B. Smith, sick 'n bedW. M-lifM. I'w^ont. C j. i. Douglass, no such person to be lound. n E. B. Calhoun, sick?excused. n J. E. Uidricb, present. 5 W. S. Ilobinson, over age, excused. s J. F. Livingston, present. h W. F. Magi 11, present, a John Harris, present. <1 J. Strawther Graves, present. ? The Clerk then proceeded to the call of Ju- I rors, as follows: 1 John Harris?Sworn on his voir dire?had g lot formed such an opinion as would nlleet v aisJudgment; was no kin by blood or marriage to the defendant. 8 Court?Then the Clerk will offer him to the fi prisoner. e Mr. Jlenet?One moment if you please, your ? Honor? h Court?Certainly. The Counsel then held a consultation, nt the h conclusion of which, the prisoner on being <\ |W, i igmilu'u, cillliiuugcu wiu juiui, uuu iiv <i>~? excused from serving. J. F. Livingston?Sworn on his voir dive. Court?Have you any Was or prejudice for jr against the prisouer? Juror?None, Kir. c Court?llave you formed or expressed an t< opinion as to the guilt or innocence of the o prisoner ? <1 Juror?I have, sir. " Court?Is that opinion of such a nature as 1' ivouid prevent you from giving a fair and im- h partial judgment in this ease? " Juror?It would, sir. !i Court?Then you am not take the oath of ll luror? . " Juror?No, sir. c Court?Stand aside. k The pulsations ol every heart became per- ? :eptibly quickened as the vacant seats of the c jurors were occupied, or as the prisoner ex- v Imusted to his right to challenge the citizen h who iiad been called to hear his cause and to h Jecide upon liis guilt or innocence. When * Lhe proceedings had arrived at this stage the l. scene was more interesting to tiie spectator ' than it had been at any previous time since " he beginning of the tri ll, and now each ivord. as it fell from the lips of any actor was h Intensely thrilling to the friends of the pris-1 * ;>ner at the bar. The time was fast approachins? when the panel must necessarily bo llllecl. g rhe people had looked on for uc-arly two days. , \ great number ofjurors had already sworn to their disqualification. 'J'Jie .State had exerjii-ed its'right to make two peremptory challenges, and had made two or three challenges for cause. The State so to speak, had pressed . the prisoner inlo a very small corner. lie had only two remaining challenges, and when ? they wore made he must accept whomever i the State might offer. The crowd realized the , situation, and many had something to wliis- ' |ior to his next door neighbor as the end ap- ; [iroached. Interest increased, and tho Clerk jailed t, .T. Strawther Graves?TIo if? a neighbor of . lliedefendant's family. All eyes were center- J jd on him, and every word and syllable that lie sttld was eagerly caught. The usual, quesLions wore put to him, and his answers satis- _ fled iho Court that he would make a competent, juvor. The prisoner was satisfied, and he was swurn as the elevonlh man to try tho rj us-.', only one vacant seat remained. Tor a sucoxn'l there was breathless silence, which was broken by t he Clerk who called "* " \Y i* . -UUJ;l!l? .AUHIIIUI" MiCilCU ttlUUIl Hiin notable. IJe came forward to tho ShcrilFthat !io mif/ht lay bis hand upon the book, and Lhore take upon himself (he solemn onth and 11 responsibility of a juror, upon whose aet and i " judgment rested so important, a judgment. , After he had boon sworn on his voir tHrc ut| the request <>f the Mate, the Court proceeded * to question' liiin. as he had questioned other jurors. The answers being satisfactory to (lie h Court as well as to the prisoner, he was sworn, c ur.il the panel was complete. J" Tho Jury Or&ttsiizeri. <; A. O. Grant, foreman, W. Ii. Powell, 0 Jerry Ducon, colore-.!, T. C. Heal, jt !!. 10. Henderson, Samuel Wilson, i II. I,. Clhik.scalcrf, Robert. W. Hester, j !. M. Warren, . \\\ F. Magil], o J. SiWotherGraves, J. C. Jennings. e io A n'ilUi It was now twenty minutes before four'I o'clock. The Clerk culled the roll of jurot'i's \v le the 81::. i:i c;. Ud their -lumber.*. The u ( j-.*ik then i i.i ihc-f entlemea of ihe Jiuy tola lot.--: ui on the pris-.i er. ; (1 a-' thesnj>;v.itioi <>f the Jud: e the jur>j<] tin (! to tho.'r. -y-ro^Mi to sele<! one 4of their; 1 their numbd a.s fi reman. \'hen they re- u tun-'d A. O. (irant' ad be>n -m chosMi. I >i At vhe ooi.c usion of do r.:adln< o?> the' eh iii.ee Ml', if-not -.u'd Uutt. lie doaiivd to cn-<"v tor a plea?"Not puilty. by reason of uu-l soundness of mind at. tho time of the hoin-j 5 icido." .Solicitor Orr?T desire that the wording of the ploa shall ho inade in writing. The plea v.-ar th< n siibmlUrd in wrilias, a.v fll.'O Mr. Benet?As a favor to the prisoner I < vould usk your Honor that he be allowed to i It by his counsel. 1 The Court?He can do so, Mr. Benet. < ifr. Benet UlnkcN a Motion as to the j Condnct of the Trial, whivli Mo- < tion In Refused by the Jud^c. Mr. Benet stated that the defendant had en- : ered a special plea of unsoundness of xnlud 1 it the time of the homicide. He said: "We iubnilt Ihnt by tills plea we assume the bur- j len of proof, and under the rules of the Court ve are entitled to open nnd close, both In the 1 vidence and the argument; This rule litis ' >een established in the Civil Court; but it is 1 lot so well Fettled in the Sessions Court." He ' luoted ltule 00 of the Court and conl inued: ' When the detendant admits the State's case j ie cannot set up witnesses to disprove anyhing about the killing. The pica of unsonndief-s of mind Is an afiirmativc plea, and the lefendant assumes tile burden of proof. We idmlt the Slate's case and the State is not >ound to prove anything, but simplv to rebut lie plea of unsoundness of mind. What has ! he jury to decide upon? The one question j alsed by our plea. The nature of the issue 1 oust control t he opening and reply. Our plea ' s one of attirmatiou that we stand here with ( lie hope of sustaining. We are the actors 1 ind are entitled to open and close. We admit ' iverything that maj be proved to sustain the 1 ndictment. '1 here is but one issue before the ' ,'ourt, and we take the burden ot proof upon ! mrselves." He hoped the Court would grant 1 hem the privilege of opening and replying. In reply, his Honor Judge Wallace, said : Well, gentlemen, our rule of Court to j vhich counsel has referred (civil court) pro- < ides that when the Defendant admits the ?laintiQ"s case in the pleadings he shall be l iiititled to open aiid reply. What is meant i iy that Is a diJfercnce of opinion among gen- i lemen of the bar and need not be discussed i low. The Defendant here claims that by en- i orinc a nlna of not, truiltv bv reason of uti- < oundness of mind at the time of the homl- i :ide, he admit* the Plaintiff's case and thereore under the rule is entitled to open and rc- i >ly. Now what is tlie State's ense? It i barges murder. What is murder? "Muriel* is tho killing any person with malice i ^forethought either expressed or implied;" i herefore under t he rule of Court referred to ! iy counsel, that to admit the Plaintiff's case s to admit all; that you ?dmlt that the Deendant here ki'led the deceased ; you admit hat he was'pf sane irnnd ; you admit that he lid it with jflhlice aforethought, <tc ; and by idmittlng that you cut oft all defense. You :dmit that the deed was done by a persou of I nne mind. Now tlio State will nave to prove ' ill that. Now tho law says if you admit all ? his you need go no farther, you presume that ' he Defendant was sane and that he did it I vith malice afoiethought and therefore you 1 iced not go any further. Now you admit all ' hat and the only way to do that is by a plea ' if guilty. Now you set up a plea of self-tie- < ense and it is precisely the same as tiie unoundncss of mind.- So if you admit the 1 'laintitr's case you are cut off from denying ' vliat is nlrcady proven. And if yon admit j ill that is alleged in the indictment and all 1 hat is implied in the allegation of the iudict- , nent you are cut otl from yodr defense. You ' .droit that the Defendant was sane and had ho malice, and therefore you admit the Main tiff's case. That implication is not reiuired to be proved but the law requires it, hat is a fact in the case. Now 1 mention ~ his to show by way of Illustration and thereore if you admit the Plaintiff's case you are . ml off from your defense. The motion is iverruled. Mr. P.enet. of counsel for Defense asked to lave exceptions noted toihe ruling. WITNESSES ON THE STAND, j TEE EVIDNECE FOR THE STATE. Flic Act of Killing?The Arrest and Itiprisonzncnl. >Vm. Itiley, town marshal, sworn,* Was <>n tho streets day oefore last ChHstmns. At lie time '>f tin* killing of Benedict I wason tho street bovo Auerbuch's store. When I heard the pistol Are, walked down to the store, and saw two winner, unnlng out of it. Benedict come out, saying, ' I am hot." I didn't see anything In his hand. I!e had hi6 land np to his breast In this way. Ferguson wan caning against the counter. I asked him if he did he shi.otin^. lie said that he did. lie was at the ur end of tho counter ou the left band side. Beneict onHie oat on the other side. Ferguson then nut lis pistol in his pocket. I asUi?i him why he shot leiiedlct, and he reuli??<V?wi the damned rascal whs | eying to kill nun. 1 thon look FVrtriiRon down to the kjiut House. He naked to give bull, and requested tie to see Mr. Ilatnmond, the Intendent of the town, nd let him know if Mr. Brooks would do as security. lr. Brooks is well off, and tho father-in-law of Ferguon. Mr. Hammond eaid he would have to find out ow badly Benedict was shot before he could give an 1 nswer. lie told mo to keep bitn. I then cairicd him 1 own to Mr.'DeBrubl's office, and I went-out to find >ut how badly Benedict had been shot. I found that Benedict was dying, and so reported to Mr. DeBruhl. 1 >'ergUfon was sent to jail. Benedict died while 1 was oing to jail with him ; I don't know where Benedict ias shot. I think Ferguson was pretty drunk. Cross Examined?1 hAd seen him in town drunk everal times before. lie spoke of giving bond in i ont of Mr. Uussell's barroom. There was a big rowd in town, especially on this side of the square. Vrguson said ,-tlio damn rascal was trying to kill lm." While going to the jail, I asked him again why -lie killed Benedict, and lie stid, he was tr) ing to cut iiu. ] flic Slayer w.intN Bail that lie may ' KO to a Wctldii)^. ?T. S. TTammoxd, Intendent of the town, sworn: I saw Ferguson on the day before last Christmas, nminsr from the direction of Iteub Haddon's barroom iward's Auerbach's store. He talked to several men n the way, and among others to Stark Martin, but I id not hear what was said. He cuuio down street nd went into Auerbach's store. Tho next time I Raw ini 111 ley whs bringins him down this way, takins im,as I thought, to the guard house. IJifey asked le what he must do with Ferguson whoui he said ad shot Benedict." Ferguson asked if ho cou'd give mil and cet loose. I said if Benedict Is not curt inch, that he could get loose without bail. I did not are for bail, if Benedict was not seriously hurt. 1 new that I could eet him at any time that 1 might ant bun. I soon heard tlmt Benedict was dying. Fit- | uaon asked to be let oil' that lie might attend the : redding at Mr. Brook's. Mr. Brooks is his father- . i-la'.v. I'asked him why he had killed Benedict, and i 0 replied that Benedict was rushing on hiin, or ] nrncthing of that sort. Ferguson seemed to bo pret- i y drunk. lie had one hand on tree. Mr. liiley had I old of the other. I noticed that, nothing else par tic- ; ilary. < CVcws Examined? I don't remember to havo seen \ tm drunk before. I didn't think be drank, and was i arpiised to sec him drunk. i Direct Resumed?I am cotton weigher, and am i eneraly on the street. Have seen him very often. i lakijs;? X*rei??ration for the Bloody ; Deed?The 2?isioI is 31mle Scmly. I Elijah Vance, colored, sworn : j 1 was in Anerbach's store at the time of tho shootig. When I went In Mr. Ferguson was leaning gainst the counter. I went around the counter to see ( Ir. Benedict. After being there a little while, I saw Ir. Ferguson take his pistol out of his hip pocket, j nd put. it in his overcoat pocket, on the right 'hand , ide. In no time after that the shooting took place. < Ir. Ferguson was standing up when I left Cross-Exam in ed? M r. Ferguson didn't say any Iiini;. Mr. Benedict didn't w anything. 1 was in , lie htorc not over five minutes?Just nhdtot livo inin- . tog, I was within a few steps of him when ho put , is idstol in his overcoat pocket. I went out before , lie shooting took place, and was in Mr. Kaiiska'a Slore , -next door? when the pistol fired. 1 didn't know i ."ho he was going to shoot, and I got away ironi there. ;'!te is ftpoiJ 05? i?s 7iiHs!on of ; Slcsith iU'iiedii't is .Soiling 11 l?air of fcSioos. ? ITettib Bklton", colored, sworn : ] 1 was in Ana bach's store on the day before Christ- ( pas. Lucy Zanders and I went in thero to get a pair f shoes. Mr. Benedict asked us what we wanted, nd when we told hiu> that wo wanted shoes he went , ehind the counter. Tin* counter oif the leit hand . ido of tha store?lithind the fi' st coi.-ntcr? opposite . lie showcase. He then came out on lho right hand ide, and went toward the shoo box between the two ] oiinter*. Mr. Fcrvtisnn said something; didn't hear i . hut. Mr. ITenedict said what did you say ? XVxt hint; 1 heard was the shooting. Mr. Ferirnson was | ; n the opposite side of the box frotn Mr. Benedict? j ' icing each other. Fergusou was leaning against sec- , nd counter. There is an opening between t lie con n- ; ers. Ferguson was against tho right hand counter. , iVhen I first went in he was at the first counter. For- ( 'json was on one s>ido <>f the box mid Benedict on the . tlier. Ferguson had his elbow on the counter. l!endict wus close to mo. llo turned round. Ilad nolh- , r.^ in bis hand. j ( Cross-miai:d ? 1 was cot in tho store vcrv long.;, left shortly alter the f-hootiu:.'. I got out. Fcr^'u- j on was In the re when T went in. There were a yr.-at i | nany pet; ><j in Vw. st?r-' at tlu lime a' I?>th the front | s nd the b:.:.it par:?. Mr. Benedict u-,n behind thy j *> irst counV- whe i i uki .1 for th s shoes. Mr. Bene* j < ict went Hid . hoe f ox towa-ds .Mr. Penp son. Mr. ] 'ersinson m further '-a.-k in tliu ston* hut Mr. Ben- i diet. B. ii -diet wpnt lo.vard hi'ii. Fe:^iison hani.il , , :j> olF tin 'muter after i eshoi. ' Hired !!?m)iied? Beicdicr vns nearest Fcrf .aon !. t'beu at tn v in'X. 3e:iedlcL ii Xothlii^?TSie WlliiKSSj' Jl.vn .1-t? "jov>AW or iht* S3i?>ol-| ina:. Lrcv SAK.'iKtiS, C 'lorod rvo-n I -.las i;i .Mr AacibualTs slcne oo he day befvre <att -/ i ' iiniii y'^fhi'lT""'! L'brlstmas. I went thero to se? nbont getting a pair t jf shoes. I didn't soo anybody to waft on me at first, a ant as soon as Mr. Benedict pot through waiting on \ jthers he asked me what I wanttd. He wuit to get f the shoes for mo out of the box near to whoro Mr. r Ferguson was standing. Mr. Ferguson was leaning t in right hand counter. Don't remember he changed s iTer to left hand. I saw tbff pistol and saw the shootng. Benedict Bald nothing. This Is all that I saw. I [ ran alter the shooting. I sa^v Benedict deud at Mil- r er's hotel. Croxs-Examined?I was about as far from box as 'roin here to you. Hettle was nearer than I was. i Benedict was hidden from mo by box. Ilettio was learer Ferguson and Benedict than I was. I heard milling said. Benedict came from behind the coun!er to go toward Mr. Ferguson to eet the shoes. Benidict was in front ot Ferguson. I didn't see him, but [ knew where ho was. Benedict comes ont of the Store with i his Hand on his Heart?Died at ( the Hotel. I UlCnABD SoXDLEY, SWOm : I I was in Abbeville on tho day before Christmas, i standing in front of Auerbaeh's store when the shoot- , ng took place. Benedict came out with his hand on j lis heart, say ins that he was shot. He asked mo to s :atch him. I think ho came from tho left side. We ? I l,l?, MIIWc Hntul I wnnt wil.ll him and . the party that Was carrying him as far as the <iarringe j shop. He was shot a little to the left of the median j ine. He lived twenty or thirty minutes. Died at j \bbeville. Don't remember to haVe seen Ferguson { hat morning b-foro the shooting. Bencdicthad noth- i ing in his hand. f Cross-Examined?I tbinK Jhero wcro many pertons in the store at the time of the shooting. *1 ?aw Ferguson in the store about tho length of flrst counter t lack, lie was standing there. I didn't notice wheth- ? cr be was drunk or sober. I know Ferjruson very J ?eU. Fergusou and I bad a difficulty about a year 1 before the shouting. Cause of difficulty was some- ? ihing about a pair of boots, liea.-ked rue If I wanted t i pair of boots at New York cost. I.told him it wus s none of his business. I know of no provocation for 1 ihe row. I don't know what caused him to act as he i lid. ITo acted very naturally. 1 saw nothing strange t mom 111m. Dirccl Hemmecl? I don't know whether he came i to the door, I don't know whether ho was a c'.erk at the time. lie had been. Cross-Examination Resumed?We had blows. I thought ho acted foolishly?unless ho wanted to cot int" a row., lie struck first blow. I was .going to strike him if he had given riie a little uio'ro lime. i'iic Difficulty Previous to the Sisoot1?S. D. J. Jordan, sworn : I saw Benedict and Ferguson a short time beforo Ihe homicide. Benedict was standing in Auerbaek'a tore; Ferguson was standing on the street in front >f Auerbach'a store. '1 his was ort Friday or Saturday wfore the homicide. 1 believe it was on Saturday before the ."hooting. 1 wns not a great way from them. EVi-ffiison called Benedict a damned liar, Benedict >nid you are another. I don't know tho cause of the ) rlilllculry. 1 don't know how long they bad been jnarreling when the damned lie was given. Croxs-Ef.imined - I wns ten feet from Ferguson ivlien the Jio passed. Ferguson ltoked llko a man ' ivho bad been drinking liquor. Benedict walked buek n the siore. Ferguson epoko dawned lie loud. He ] ooked pretty drunk. ? ] In Search of Cartririjjcs?IInc! Enough on Hand to IiiU a Man. < ,M. KaltskA, sworn : : I was doing business on the day before last Christmas next to Auerbach's store. 1 saw Ferguson In the ' morning, nnd at dlm-er time. Ho askedlorcartridges. [was busy, and didn't sell them to him. lie then took cartridges out of his pocket and add: ''Ihave enough to kill r mnn." lie went out of my store Of- , teen minutes before the shooting. Ho had ofiea ] bought cartridges from we. > Cross-Exiimincd?lie took his pistol out of his , pocket, bait I be had enongh cartridges to kill a man. Don't recollect where he put his pistol. If I said ut former trial that he put it in his overcoat pocket, that Is true. I don't recollect now. When I heard pistol , tire, I thought it was a Tiro cracker. Ho was in my store llvo or ten minutes before the shooting?not over fifteen minutes. I may hive said at the othtr , trial two minutes and a half. Ferguson had some liquor in him. He didn't seem to be angry. His ; manner was such as not to muke me believo lio was going to kill anybody. A Slost Extraordinary Invitation? i Witness Invited to see lho Deed | - ? ?i i . <)i Aaitji>\i, Samuel Mit.potid, sworn: 1 was in Abheville on the day before Inst Christmas. I flr.it saw Ferguson fit Ih-iib lladdon's barroom, lie was sitting on a box. I saw hlni twice. I saw ( him with Stark Martin, he "sortei" fell against him. j lie said to Stark : '-Come with me if you want to see me kill a damned Jew." 1 walked by New Hotel to Hili's store, ard took 6eat by lire beiore I heard the shootinc. Martin told him not to kill the Jew. Cross Ezamined?Ferguson was on the corner at Knox's ^ii<:n be said, "Come with me if yon want to setr me kill a dnmne^ Jc-w.-'-f Tnrs-JKaWtiw^-f^t " them when I heard the remark. He said it in the ( regular way of talking. lie looked like a drunk man, ] was stagger! nsr?not noisy. I did not-see bis Distol. i I have seeh Ferguson rittht smart, but I never saw j t i r i.i.? , i: 1ii) nrunK Ofiurt*. 1 iioii i miuw ui?> i c.ivv Him at Abbeville before. 1 live lonr inilos from here. My i ago is 17 yi'ftrs. < The Solicitor hero announced that the State \ clof-cs. I Mr. Bonct said thatalthough.lt was late < that he would like to examine one or two ! witnesses this evening. Dr. Riley desired to i go otY on tlie train to-morrow morning, and j lie would lilco to examine him, If it pleases the Court. I The Solicitor gave a hearty assent to the , proposition. As so much time had been lost lie would be willing to continue the business of the Court at the pleasure of the delendants counsel. : The Court room was full of spectators, and , * * ~ 4???1 1 Liie liityrusi; in tin; lmui \yu,o luaiiacou i TEE TESTIMONY FOR THE PRISONER. ? ? Dr. Riley Sees lilm Ilavo two Spells. Iful did not See in Him auy Special .Tlonf;il Weakness. I?fv. J. It. Rii.et, Bworji: I live now at Pickens. Ferguson was once my pufill in Adger College at Walhalla. I think it was in ISSO. I was Professor in the college at that time. Uocamo into my classes. The first time that ever saw anything tho matter was in the class room when lie turned pale one day and seemed as if about to fall >ver. I asked hint some questions, but could draw no intelligent answer from him. I asked some of tho young men to take him out. This oceured In the slass room. On one other occasion at the breakfast table at my house, where he was boarding, he was at . . .1-- ...... I...,,,1 I nolr<i/l rilCKfU in IUU DIUIIU UVWIIU5 j.u.u, ...... ...jr.... 1 some of the 3'oiini* men to take him away from the . tablo. lie was kept from falling in tho class room by , i follow student who was on tho bench with him. . After this occurrence in the class room, I asked him , ivhut was the matter with him. Ho said be bad had j frequent attacks before, which were similar to this. , He frequently asked to be excused from recitation of the statoi'f his mind. Cross-examined?Don't remember to have noticed ' iny premonitory symptoms. Ho complained of , strange sensations about tho head. lie was usually punctual, and made considerable progress in his stud- ' ies. Ho was ordinarily diligent. Often excused. Ho ^ was excused because of strange feeling in the head. Jaw him in these sp<!ls only twice. He was pale, ' DHdC HO !I1I>V1'Uh:|II, v.wujfi. w mil uivn -nvkivuu ivere involuntary; the ?amo na if he hail fainted; no movement of the bnn<ls; perfectly quiet. Cun'l call to tuiml tlio recollection of ever having seen any one faint. JJon't remember of Laving seen any onesuiFerng from vertigo. I didn't know from what he was Miflering; front what ho said I thought lie was suffering from some disease of the head. I didn't say at revious trial that he was Buffering from verti.'O. I saw in him no cvidenco of weakness of mind, except it those two times, when the spelis were upon liiiu. \t each lime he was carried to the bpring, and water ivas poured ou his head. Altera short while ho appeared to 1-e about as usual. The attack at the breakasttab'e was not so bad as the attack in the reeitalon room. When I next saw him, lie was all light -the same as usual. i Direct Resumed?I did not say that Ferguson had j rcrtitro. it was the Solicitor's word's?not mine that el'emd to vertigo. 1 couldn't say that I saw any pe:uliar uu'iital weakness. Ferguson's S'nrsc <?lvc* ilcr ExyorlOIK'O. \r i iitti a tv'it a tiTov colored, tworn: 1 nursed .Tohu Fergus'oti from tho time ho was a j J ear old until he was live years old. He would hayo i. ipeils right often and fall in the yard, when I would j j' I'.rry him into the house, and wo would ruh him nn-1 il he cot, well. Whi n ho was largo enough he would . ' jut his hands on his head and complain of it. OfOSK'Examined?I cannot till how old I was | v vben I commenced to nurse Mr. Ferguson, hut I was f >!d etn.ag'.i to remember "rigst smart." lit- alwev* omplalmd of his head hinting him, but he. wouldn't. ) iav? spells tlun. it cumo on a day or two alter. 1 i ir-.ve. known his parents to -end f"r Doctors, l itt ti -: i \ i;. _ !! would always t>c off be! re the Doctor got ther.. j kVa rubbed iiltn with camidior. IIo turned puis.; IVoU.' iio qui -t? perfectly . l:!- while -p<.! '.va j up*: J iiin. I Ihomrht many ti n.'S lat ho vas d ad. Air. j J Ferguson I: c.l one child young. than ..'ohn. i nurs d j J >lh?carried <!iem nil along t<aether?toted him ami j' ji or ehildrei: -ho nioro than tb.< rest. Can't -ell my j f tjjo. He sometimes turi.ed j?eit? ctly < ark In t e fat". ' ..vs School Tcnchor "3'ol!s Slow iA Ai- lV>Cc<I Him. ' f Mrs. Riley Fhpgi'son, sworn: I I am no kin'to John Ferguson ; I know hl:n in 1S70, t when lie wen'to scliao! near .laeob Graves. Ho was ' twj terms al ;ny school. I was Miss Wait at that I . ' ? *" ,^. .X,-' I- V':^ -- A il ime. In the school room one day, John turned pale, md fell on the lloor. I sent to Mr. Graves's for cam>hor, and sent for his father to take him home. IIo md three other spells like tills. Mr. Ferguson's liiujrhtcr, who was older than John, was In delicate icaith. She carried Vt-ratrum to school with her. I aw tho label on the bottle. Cross-ExamincU?Do was deathly pale at each tine. He was perfectly quiet Ho never epoke to o of spells coming on. At this point the Court adjourned until tonorrow morning; It being no\v six o'clock. ?m THIRD DAY. TnuusDAY Morning, Oct., 22. The examination of witnesses for the defence was resumed this morning at half past line o'clock. Dr. G. H. W add el I, was put up)n the stand, ns a medical expert.and kept here until fifteen minutes pasteieven o'clock. Dr. Waddell knew nothlug at allot the defendant or the circumstances of the homicide, jut his testimony was as to the symptoms, reneral effect. and all other matters pertainrg to the various forms and degrees or epilepsy. Describing them as seen in hlsowu prac,ke, and as described in medical books, but ivliich testimony, owing to its scientific na,ure and professional character, we cannot atempt to reproduce, from the fact that we are lot sutllclenlly informed on these matters to ;ivean intelligible report. Boiled down we lelieve, the testimony of the expert was something like this: Epilepsy is a nervous disease, Vlth various aymp;oni8, but which symptoms, are characteristic. There ire two grand divisions of the disease?grand mal and jetit mal?grand mal being the severer form. In this brm the patient is thrown down, seized with coavulilons?petit mnl is a lighter form, in which the pa ,ient does not rail. Ttie atwcus someumes are no (light that they arc scarcely dlscernable to patient or >ystnnder. If. may bo mi-rely the loss of consclouslcsa for an Instant. Petit mat may start at simple verigo, accumulating other symptoms. Between grand rial and petit raul there is a distinct lino, but they un together. It is among the most hereditary of the liseases. In grand mal, facts is pallid, 'patient falls, ias spasms, during first of convulsions rigid, muscles )f the throat drawn, so ttoit air cannot pass Into the unys. After thtt no jerking?before rigidity.ensues, succeeding is a comatose condition, when the face is isnally putple instead of pale. Tho rigidity of the nnscles in some cases cut off flow of bloo.l, patient ippcars black?suffused. There are many degrees of ,'uilepsy each wiih distinctive symptoms. Crots-Examined? Witness has practiced mcdi:lne for thirty-Ave years, and has had only "lie case ?f p>*tit mal?In fact, didn't recognize it at the time, tfever have known grand mal to induce violence. It s certainly not probable that a patient would do an ict of this kind. It is almost ccrtain that he would do 30 act, except that which would result fiom tho involintary movement of the muBcles. The patient is un:onscious when suffering frora'un attack of petit mal. [f he was talking he would stop, and if of sufficient irofonndncss would fall. During anr attack of the Unease he could not conceive or perform any independent act. Dr. Gary, being called concurred in the statenu*nts made by Dr. Waddell. Dr. J. W. Wideman, Dr. J. L. Press'y, Dr. L. T. Hill, and Dr. I' T u-apa nlao KWnrtl AS GXDCrtf. As a matter of fact wo do not pretend to jive their exact testimony,-but furnish a brief iynopsis of our understanding of what Dr. Waduoll said, and from which, facts, we saw )v understood no special difference in the statements of the other Doctors. Even If we understood medicine, and the whole testimony of the medical experts was intelligible 10 us and the reader, it would be better for him to buy two books on the subject, than it would be for us to undertake to print such voluminous documents as their testimony would make. If Mr. Bcnetaud Solicitor Orr lid not put them through a thorough, complete, exhaustive and able examination on that most perplexing of all the diseases, then we know nothing at all about what wo are saying; The Mother of the Prisoner Testifies. Mk3. Ferguson, mother or the prisoner, wns sworn : John biul theso spells from the time ho wis one rear oid uutil he wns Ave years oUl. His sister Lizzie fiad similar attacks when she .wns ten years old. She bad them a great deal harder than John. She foamed U tbu mouth, ar.d tumid dark in the face. She died when she wus 12 or l!3 years o!d. We thought that the had entirely recovered from liie attacks. Dr. Koberts gave her verutrutn. About three years ago, John came home, looked pale, low spirited. Went into the yard, caught a negro Tom Berry, by the color, got the ax, siid he was going to kill him. He let him ?0 as s >on as he caw me coming. Never saw similar symplon on John until tho 19th of December, when he came home from Ninety-Six. lJu.looked palo, dispirited, acted like he hud no sense. He has never looked right since ho was stabbed in the back on the 14th of February last year. After that occurred he looked melancholy and sad?more so than before. Went to i\-?T<ffiffl?i^ Ninety Six. Came home in restless conlition. He cdtildn't sleep that night. Said he wished ho was dead. The'doeW?tf*L>J? had erj tipelas. He seemed to be suffering very mnch.~^<52^of my uncles had attacks like John's. 1 nevf r saw theriTTn-Wsi. attacks. I don't remember how John was affi-cted. rltdu't send for a doctor, because we lived so far from ino. Whiskey, camphor, water and rubbing alwaya restored him. Don't remember to have seen aim thk;-n with those attacks. Don't know what brought the Htacks on daughter. Never saw her have the uttacks for six or eight months before her death. I never saw John drink. He never came abont me drinking. His wife and my sons went with John to Ninety-Six to see 1 relative married. He complained of erysipelas. He had no indieailuns of liquor, 1 had no o! jcclion to liis marriage. His father kept his own hooks. Direct Resumed?Lizzie was a bright girl before the attacks, but not so ufterward. Ihc Father of the Prisoner i3 n Witness. a. J. Feeg cson*, father of prisoner, sworn: Martha Wharton was born my slave. She nursed my children, and have frequently seen nor carrying John into the house in th'>se .spi lls, lie was stupid, and unconscious. Either in tho fallof 1SS0 or :hc spsing oi 1SS1 we were in the woods, hauling logs ,i> 8;nv mill. We were lilting heavy lug. J-ihu staggered, recli d nnd fell, lie lo iked pule. We set him ip beside a tree. I stayed with him somo time, ivliile the others went to mill with lop, and hauled an>ther. When the wagon enrno back for tho third load 3c began to get better. Ha had no sense about him irhen he was tlist taken. He was taken abput ten ('clock. Wo took him to the house. Ho was not raionnl all day. Don't know anything of the attack vbich lib teacher, Mrs Ferguson, described. Dr. ?11cy sent for mo when John had the attack in Walhalla. 1 ear 0el>re last HO nan uiiouiur airwik iu uuuuui wru ivhile plowing. He remarked to me that he felt very )adly. He went to side of field, crossed the spring Irain, falling as he did so, and was pa!? and uuconicious. I put water in his face. As soon as he sectnid t<f he getting better, I took liiin and hia horse with no to the house, where they remained until after dinicr. I did not see John attack Tom Berry. lie let lim loose about the time I came up. I saw John have in attack last year In June. It was very warm wcath>r?the other cttack was in the winter, when the iveather was not hot. When plowing I caught hold of ilm, and he didn't fall. We went to the shade near i>y. Ho lay down. I fannod him. This was about en o'clock. He wanted water, and went to saw mill spring for it. He was stabbed February of last year. [ have not considered him the same as he was before, lie looked melancholy, sad, cust down. I heard him uake threats to take his life. I went to his house on Tuesday after he came back from Ninety Six, and had lunvcrsution with him. He said: "Pa, I sometimes lave a notion to ta!;e the gun and blow my brains nit." I Ji.ro w nothing of John's sleeplessness", except >n the night afu-r he caino back from Ninety-Six. He vns plum crazy, fiio much ho as to alarm ne. Ho had erysipelas, and walked with a stick from Holiday until Friday. 1 saw very little of his drinkhg myself. He lived on another road for Inst two or hreo years. I know he bad beon drinking heavily for ,wo or three months bclurd the homicide. The <luy I vent to his house I saw a jug which he had brought lome with bim, which contained liquor of some sort. Phis was the day before the killing. He had a young nan named Frith working for him. Nobody else was it the house except his wile. The niirlit that lie came ro'ii Niiu-iv-Six Iio went into the stove room, and sat ? ....I AO...., >y UK' SlOVtf llh LIIUU^II 111- v..;n IU.-1 B3IV. J.. u.m ....... i? commenced crying, sityin'' he bail taken u iittie. lis brothers took him to my bed. lie pit up?soinein:c3 cry 11) 2, sometimes liiu jrtii mi;. IJv tlidu'C sleeps vink,niul ilou't think I did. i heard him say: "I viah 1 was dead, ami out of the way. Everybody is lown on me, u?d I wish I was dead." He left my j louse on Saturday evenir.g to go to his owr. house. I vent to see him ??u Sunday or Monday, and found him ! n his lot, standing against a straw" pen, Imt didn't peak to him. I went baek to his house on Tuesday, <i prevent his coming liere on Weiir.esday to the Weilling. 1 saw that Burnetii tug was wrons; with him. lie v.is evidently crazy. 1 made arrangements with him in* his brother to lake his wife to the wedding,and for dtn to stay ut homo that day. I was alVaid for him o ei'irn. to" town. I feared that iic would kill Someiydy, but ho didn't mention Benedict's name. I :innv Veiy little of 'nis carrying a pistol, but my opinion is. that he iias been carrying a pistol lor Some time, ie commenced carrying a" pi*toi about the time ho id the diiiiaulty with Guiihi. I went to Walhuila ! rheti lvoti'ssi'i* ijili'}- sent i''1' iue. John looked trsng:*. He looked wi!d, and .-hy of me. Jena did .- l *; ? ji >j?j ! o ?;.o, I dlr et. d iiij f.nu.ing. lie was rttii-irm! 1 thought 1 woni;!. (Vw? rjrrr.iiiitcd?'i\'ii;-:i he hnd the spell in tlio '. nods hr iay <.';vt '.in:!! lie ci-nie to. when he became os 'i-.-s. other ;?e!!s in warm weather. 1 always cr?- tied him. I i ways .-.vorcd h'm, ttiougMie work- i i n . ; y much a? ther boys do. I would .-ay'n: hod ie . arryirg pi t d t or three Months, and diinkeg I ncvir .-a v him '>ke n d;in!;, and never i t!ked o M ii about i . i'lie i'l-rs, flasks a.id bottles ire ifrt i'. to ine of 1 Jo liabS' Never ti:.d to keep liim ro-.i carrying a ?;stol. I thought I; ;< was all wr?.rg n the ?hy he came to tonn. ilo was drinking at Ninety-Six, and lots of it. He stayed With ills wile mil bubo without any ono else. John and his wife ' nine to the wedding. 1 don't know ho>v. Didn't sec h' tii on the way. They were at Ninety-Six two or hree davs. .John hnd linuor?was 'blue," and said he wi.slu.'diic wna<k-:u!.'!1 tlif1? I If. Smelt '.Yhisk<.'3\ " 1 f ~ ii~S n feu uacK?"uii, my. uena; vu, nijr Ileatl." - *.. Lffvm Belctieb, colored, sworri-J... j - '.^ra I- was working in field two.years ego with Sfr^Fer- YsJS tmson?plow tlrao. He drove oat to end of row^nd; fell right back with his hands over his face. He said;; * ;. 'ftfak "Oh, my head, oh, my head,11 and said that be would be all right directly. He stayed there until I plowed another row. Ho went towards the spring as I cam*. x V Ctxtsa-Examined?He dropped' back?fell down? sat down hard on the groand. The Difficulty with the Negro. Tom Dbrby, colored, sworn: ; j Worked on Jack Ferooson's place fonr years ago. I am the man that John Ferguson seized and threatened to kill with an axe. At the time of the attack I was - i- ^ sitting at corner of smoke house Bkinnlng a rabbit John walked to me and laid his band on me, and called to Joe to hand him the axe. It was after this that I ' " was ordered to leave the premises. ^ Cross-Examined?I dbnt know whether it irtts b<^ fore or aftorwarda thut I was ordered off. I waa living on land which I bought from Mr. Fergnao.n.,. three yeara ago. I waa hoeing cotton when Hri Fergdson told mo if I couldn't do as he wanted toe to do; that I ' must leave. ^ John the Only Child thiii his iFather Educated. x , ;r$S A. J. F keg trees, recalled : . The difficulty was between Mm and the boyB about hoeing cotton before the difficulty occurred with the ?; axe. John plowed in the evening of the same day Y that he had a spell at ten o'clock. I did more for John - ,? in the way of education than for tho other boys.. I sent him to the graded school at AbbovlUe, to Krsklne ?2 College, and to Adger College. I never sent any of :-J&Z the other hoys to any of these schools. Direct Resumed?The ordering off camea year af-- 's-WB ter the rabbit affair. Additional Proof of Fainting. Jobkph B. Faaousow, brother of the prisoner, sworn : -? ?- - m Wc were fixing to pnt the log on tie wagon when . John Btagsrerod and fell lie had another attack some eight or nine rears ago, when he fell and lay.there for a good while, looked pale, went to the honse. ~-44'^a present at the affair of tho negro and-the axe. JoM - # - . ^ collared the nejrro and asked me to hand hiin the axe. .v^SS Said ho wanted to kill the negro?heard no quarrel. \ T ,L? V.J ?# I L A. 'A '\tT53 JIIUII U'WI UUJU1 HtUH-M U1 UUVIIIg U?? OCilOC* ( A Will ft . Jlontli before Christmas I went to his hottse, ftn'nd ohn lying In the piazza. I called him, bnt he didn't ~ answer. It was half hour before wo got him up. I think be was drinking nt Ninety-Six. -I smelt whis- ' key. Ho looked foolish. Ho drank some befor? ChriPtmas?r little In the spring. He drank'heavily before Christmas. ' ' Cross-Examined?\ man was indicted for stabbing John, but no true bill was fonnd. I have seen John under the inflaence of whiskey once or twice, John Gets a "Pint of Something*" Paul Hamilton Ferguson, brother of prisoner, sworn: \/-C /ifjflgl J.ihn got liqnor at Dr. Wenck's drng store. v; Croxs-Examined?l don't know how often I have ; seen him with whiskey?more than half dozen time*. , ?* 5 Sometimes h" tried to hide it. On tHe way homo from Ninoty-Six John dropped the lines and I drotfd remainder of the way. Direct Resumed?I have 9ften seen him under the *" -gk ii.fluenco of whiskey. Saw him get a drink of some thing from 0?borne, Dr. Wenck's partner. Paw Dr. . ,vT. Wt-nek give him a bottle of medicine, and saw Os- ffjj borne give him a pint of something. John Gets Something to Bnb on Leg * '4 at Ninety-Six. Mrs. Mart Kennedy, sister of the prlsonor'i tbotH- . er, sworn: John Ferguson conducted himself strangely at O10 wedding. I noticed that something was wrong with V-> bfm as soon as I went to the biurgy. I asked what was the matter. I advised htm to co to Dr. Wenck / to get something to rub his leg. In the afternoon af- ^r~ ter the marriage he went back to Ninety-Six. When - *; he came back bo had a flask of whiskey and small dot* tie of medicine. Cross-Examined?I didn't state at former trial that ho had no whiskey. I said that I had no whiskey about tho house. The reason that I did not t?U that Ferguson had whiskey is, that nobody asked that question. ,, . Rencriict Give* Fcrjynson a Handsome Bridal Present-Ferarnson's Regard for iiim. .. v . Mrs. W. II. B books, mother of the prisoner's wife, sworn: . I was not examined before. I.Uave not iced Fergnsnn's drinklnsfor more than six months. I never saw him put the bottle to his mouth. He had too much respect for roc to do that. I knew tbongh from his contact that he was drinking. The day before the sad acd dent he was drinkimr very badly. I saw him 1* th? buppy when he brought his wife. He didn't 20 la the hou?e. I went to tho bnggy and bee?d him t? S?J5 ccme back and not go on the' streets. Alter * cowl : deal of persuasion lie went home. I did not see nlm next morning. Benedict f*g ft Jnhn'? wedding. ? Thfrv seemed to be groat frfo?V? ?? Joha . , \ st;emed to think a great of hlm- Benedict' 1 nlm a handsome bridal present, John wm married about two years before, tbo klllfntr. I know of h<> ^qTKrasliteUeentji* Pr'sojier. and Benedict It na my habit to go oftefi to see John and his wife. Kn?w from tbo empty bottles and jogs, and the way hea?ted, * thfif BAinflthiiier tuna wrninff S aL Cross-Examined?lie.brought his wife And baby to iny house on the day of-^fhe killing but he came * down town.- I did not so&him that niornlnj. Where John started on the Morning* of the Homicide. .Toirx Frith, sworot' .. ' - -vt't I lived at Jthn Forgnsoa^a motith bofofelast (jHrtatmaa. I Was at his honse on the day of the Killing. He and his wife and bahj left hoftie that morning. They sfar'ed totfiird Warranton. Ho was drinking. lie had been drinking heavily before that time. I bought whiskey for hlin myself two or three thnea Fergnson was Drinking Marion Fair, colored, sworn: ; I saw Ferguson on the morning that Benedict vu killed. He was in a drinking coudltfou. The Power of a Little Girl over an Uncle of the Accused* Mrs. Carrik Rtchry, sworn : My mother marrlod Ji. D. Barksdale, brother of Mrs. FerztiFon. Have seen hlin take his arms, and boWle knife and threaten to kill his neighbor. Mr. Brown.. , I halloed at him, brought him back, and put him In bfd. I was the only person who eonld control blra. Another time he took an axenefl threatened to do violence. He was drinking heavily. He stopped drinkIne seven or eiyht years before he died. Cross-Examined?This occurred when I was thlr- ' teen or fourteen years old. Ho threatened to bnrn his barn lifter he quit drinking. Don't remember date. Re-Direct?This was not the 6nly time he acted strangely. Court now adjourned at half past one o'clock to meet again at three o'clock. After Recess. Aftetinoon Session, 3 o'clock Court met. About eight white and abodb forty colored persons being present. Burt Elms, colored, sworn: . * I worked for Ferguson by the day last vear. while I farmed on Mr. Earn well's place. I left Ferguson four weeks before Christmas, for the reason that he had riven himself up to drinking. On one occasion I took a pistol and knife away from him. For this ho threatened to go to Mr. Miller's and set his gun and shoot me. During cotton picking time ho bought half gallon whiskv from Jteub Haddoa and covered it in the cotton seed in wagon. A day or two after that I got a pint, and carried It home to him. He drank ' ? - ? - * 1 ?--? -f ln/? rectiiany every uuy irom utrK""""n ui ?uw>n |?viviu^ time. 1 smelt the whisky upon hfs breath. Fie bought liquor every time Jio come to town. What Rie?iar;l Jackson Smelt. Richvuo Jackson, clored, sworn: I mw him ut his house Ihe dny before tho kilUnf. Mr. Ferguson ?rid he hud erysipelas. He had been drinking. I smelt it upon him. A Tea Year's Career. John T. Cheatham, whit?, sworn: ' I bare seen Fenruson drink. He has sont by mo half flt'Znn times for whisky. I think he drank anood deal?very h 'avily. I am not able to say whether bo , ilrnnk more duriii? the last part of tbo year than in **_ the first part -He has drank more or less for ten years. 1 saw him one;' or twice during the lattop part of November, and from appearances thought him / to bo drunk, though he did not do anything very strange. He Toll off his Horse anil Tried to "Throw up." ? ?-*^ 1 .Tames slurra. white, sworn : . One evening I overtook the prisonor in tbo Fall of 1SS1, about a mile and a half from town on horseback. He aimed to loan forward and catch on his horso'a neck, and fell off. We were cuinc in a walk. I asked him what was tho matter. He said nothing, stretched out and got to tho ft-nco. pulled up by it, trying to throw up. I talked with liim, and saw no reason for Liui to fall i..7. Oo.fs-Examined? Y es. 1 sniu 110 tried to inrow up. wh<m he got to the fence. No. I don't recollect telling J. P. Livingston tbn.t there was nothing tho mutter with John Ferguson, except that he was ilrutik. I know Mr. Ltvingetou. lie is a partner of Know A Rs.'inlar Custoracr who took Big Urlnliv, , David E. H^don, white, svrorn; ; 1 live s.x miic- from Lere i:i the country. Stayed in my brother's bar room last Fall. I knew Ferguson as one of his customers. He was a regular customer who took I'ig ilrinks. His drinks were always big and jio took it good many. He took bigger drinks than other men usually do. He general took two bar glasses at a time. " , . ' ^QxUmued