Historical Newspapers of South Carolina

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r' : FERGUSON'S SECOND TRIAL. {Continued from First Page.) Cross-Examined? I don't know that he drunk 8c Very much more than others. Few men took biggei drinks. >le hardly ever bought his whiskey by llit drink. He usually bom;ht it by tho pint ?r largei quantity, tie wouia uuy winsKoy ana leave it in ins _ bottle, and drink it as lie wanted it. I have seen othei men drink more, He sat by the fire on the morning ?if the homicide about half hour befoie tho occurrence, 1 took hitn to be under tho influence of whiskey He was drunk before he came in. Would Buy from a Pint to a Hall Gallon at a time. R. B. IIaddon, white, sworn: 1 keep bar. John Ferguson would come two ol three times a week and buy from a pint to a half gal* Ion at a time. On his first anival he generally tooktwc glasses full at a drink. It is not unusual for others tc to do so. That habit of Ferguson lusted for months ? He traded with me all the year. O'oss-Ezamiiicd?He arq.uk moro In tho Fall. He was sober sometimes wheu he came. Drinks out of a Bottle. Press Ciieatham, white, sworn: 1 know that Ferguson drank heavily. When I passed his house I have sometimes accepted his invitation to drink. Ho took pretty good drinks. Sometimes drank out of bottle, half piut.nt a time. Have tseen this more than onco. Ci'oss-Exmnincd?I am Ferguson's brother-in-law. He was usually about home attending to business ae other fanners do. JL/ircci jKVUwiicu?i saw mm on njonnay evening before tbo killing. He was half crnzy then. 1 didn't think be was drinking. Have seen him drink at a bar two glasses at a time. This was last year. CJoes Two or Three Years to a Bar* room. Thomas C. CmnsTAW, sworn: My father, T. M. Christain, keeps a bar. I assist him sometimes. I have seen Ferguson go into ray laI thtr's bar for about two or three years. I saw him once or twice a week dnring the" Fail. Ho usually took two bar glasses at a time. Sometimes he bought whiskey by tbo boltlo. He sometimes bought a [? '>? l>int, and sometimes a half gallon at a time. Was Drunk on Day of Killing. R. L. Williams, white, sworn: 1 have seen Ferguson last year froqoontly act like n drunk man. I saw him on the day of the killing, and would say that fce was drunk then. I have known him ever since he came to tho village?have ?;*en hitn every week. Sometimes ho didn't have as V . - much whiskey as at other times. J? _ ? '??; " ' - ? THE STATE IH REPLY. The Family PhysiciAii Xever Saw any Symptoms of Epilepsy in the Slayer. Dr. T. .T. Mabey, sworn: 1 have practiced medicine for forty-five years. I have been the family physician of the prisoner's father for about llfteen years, and have lcnown John Ferguson all that lime and before. I have never treated him for epilepsy, and have never seen any intimation of tbe existence of any such disease in the prisoner. [Here the Doctor gave some account of the symptoms of epilepsy, but which are omitted.] As ~ a non-expert I would say that I have seen Mr. Fergu_ r B.?n in an irrational condition?drunk. I have never seen him under the influence of whiskey but one ' timet I attended his wife at her mother's. If per?<>ns faint or give way. and after rubbing with cain. jihor, is restored, it might be simple faintinsr. Anything to Interfere with the heart's action, exposure or Y over-exertion, might bring on fainting or petit mal. [ Cross-Exumi)ialion?l never saw a case of petit real with convulsions?pallor and nnconsclousuess common. Ferguson came to see me for treatment on Saturday beforo the killing. Ho looked to mo like a man who had been drinking some time. An Absurd Proposition. Dr. J. L. Pkzssly, sworn; Has been a physician for thirty-five years, said it absurd to say that an epileptic could, under par^^^^^ ""TiNism, iutite a man to come and see him kill another, to buy cartridges, load his pistol, go to a store, wait until the man come near him, and shoot him. In cases where a man is straining at a log, throws up his band, and snvs, "oh, my bead," and oon'.d bo restored by the application of water, the disease is not epilepsy. What It Seems Impossible for an Epileptic to Do. Da. Mabby, recalled: Solicitor?Doctor, would It be possible for a person sufL-rinz from epilepsy to threaten to kill a particular man, ask a friewi to go with him to see him do It, ask for cartridges, loadapistoi, put his pistol in his hip pocket take it ont and put it in Lis overcoat pocket, walk to a convenient place, watch his opportunity, and shoot a man ? Witness?It doesn't seem to be possible for him to do w>. Cross-Examined?This might be done under tho ^ ii- ^ influence of alcihol?not under epilepsy. Mere Automatic Action. Da. Widbman, re-called:* In response to same question Jnst asked of Dr. Mabry, he said: lie could not: A man undor epileptic mania might kill his wife or nearest friend, as it were, by an involuntary action?mero automatic action. V Cases ia Books?Bat not Under Knowledge of Physician. Dr. L. T. Hill, re-called: In reply to same question said: UI don't think so. Such ea*es, however, are recorded In tho medical ^ ^ - books. No such ,case ever came under my knowledge. llis Merchant Never Heard of his Having Epileptic Fits Uutil the Homcide. Jontb F. Miller, eworn: I ain a merchant, have known Ferguson for eight or ten years before the homicide. Ho traded at my store. He was a close buyer nnd acted like any other ordinary man. He attended to his own business. I can't say whether he is a hard drinker. 1 have seen lilrr* nmlac tVrn Inflnon/?n r\t linnnp thrPA nr foiir 1 never heard anything of his having been subject to epilepsy until this homicide occurred. Cross-Examined?I saw him dmnk in Bummer of , 1S8-1, and ut other time6 farther back. Ho looked likr who had been drinking heavy. ifTOff" ^icely ? Disnlnrged his Duty ^ J?ftithfully. ?j* "W. T. McDonald, Bwom: I have known Ferguson for a numbor of yearn as a fellow citizen, lie was in my employ once as clerk in my store. He did very well?acted nicely and discharged his business faithfully. I never heard of his having epilepsy until the homicide. II? acted as elerk for other parties in town. Can't aay that I know y?'v . anything about his drinking. During his stay with ine I never heard ol his drinking but once. Iu 1ST9 he got under the influence of liquor one time. Cross-Examined?I didn't see much of him last year, ISSt. Don't know whether he drank heavily. Direct Resumed?I was on the streets & good 4 deal. jr?c* ; He Acted Like Any Other Alan. i H. II. nn.L, sworn: I have known Ferguson for seven or eight years. He appeared to me like anr other man. 1 saw nothing strange about him. Ho conducted business like other people. I sold him mostly whiskey. I have very little experience with him as buyer. I never knew of anything etrangeabout him until the homicide. Cross-Examined?I know old John Robinson. I sever heard of his being a lunatic until he was dek clared bo in Court. TO Direct Resumed?John Robinson don't live In town. Ho lived in the country. I knew nothing about biro. JXo IMIIerence Between him and Others at Sehool. f;- - Jamks Chalmers, sworn : I am in the furniture business; have kno?rn Ferguson for seven or eight years. I went |to school with hiin a year or two. I nover saw anything strange about him. He was a very goud scholar. No differonce in hiui and others. I first heard of his having epilepsy about the time of the homicide. Have seen liim tight Can't tell time or place. Not very often. Only saw him ono day going home drunk. Saw him good deal last year, walking around town. Cross Examined?I havo ofton talked to him. He did not look last Fall more bloated and tioiid than formerly. A Man of CSood Jaugment. RonsnT McQ. Hit!., sworn: I knew Ferguk>n for three or fonr years before th e homlelde. regarded! hfm as a man of good judgment. He managed hid business like any other porson. I have seer, him occasionally?pretty frequently. The first time I heard of his having epilepsy was laet winter?after the shooting. I never saw him - drunk. Cross-Examined?saw him last Full at different tirans. Can't be positive that he looked like a /Irlnking man. " '4^ When Witness First Heard of Prison* ,er Epilepsy. r ''V%VPV)cgnttfc sworn 1 btw?3?iQ?Mi Ferguson a good while?six or seven yoars. '^K^Vef feeard of his having epilepsy until tho trial. Sj?v'* aerer seeo him drunk, Nothing- Strange About Him. J. L. Pbsrt*. sworn; Have known Ferguson all ray life; was intimately I associated with him; went to school with him at Due -VI ? J,n . west; never noiicaa aaymuig >uiu^ mun., u.***, [ havn't soon mueh of him since. The first time I heard of Iiis having apploplexy was at tbe trial. Crosx-Examined?Saw liim drank at Duo Weat( F I don't know why he left Due West. lie stayed until the session closed; went home; did uot go back BB 1 was not with him at Adgor College. H Sever Saw Anything to Lend me to ffi Believe lie was Iiisaue. L 8. O. Thomson, sworn: I I have kno*n Ferguson for fifteen years. Nevej ? eaw anything in his conduct to lead me to b< lieve thai K ho waa insane. First time I ever heard of his having ? js;iile|t!*v was at the first trial. He was a man, thai Buou'd iiliik, I wouldn't eay that ho was an UiycLt ate drinker. Saw him drunk twice In December, 18S4, and at othnr times long before that. C)-oss-Ezamination?l havo seen him tight five or six times. Dircct Resumed?3. L. Perrin docs business for White Brothers; I do business on tho public square. Thought to be Competent to Attend to Bnsinetai. J "W. R. Smttii, sworn : I linvt* known Ferguson Ave or six yours?bnvo been ; Intimately associated with him at saw mill. I elntted his cotton last Fall. First time I heard <if his having [ epilepsy was at Court. I always thought him compe Unt to attend to business. : Cross-Examined?Uc has been drinking lieftvi'y. IKrect seen him under the ln fluence of whisky several times. Never saw him so tight that he did not know what he was doing. . SPEECHES IN THE CASE. ? | THE ARRANGEMENT OF THE ORDER IN ? WHICH THE SPEAKING WILL BE DONE. FOURTH DAY. Friday Morning, Octobcr 23,1885. The Court convened at half-past nine ! o'clock, and soon the court room was Jammed?many ladlos occupying chairs Inside the bar. The first business done was the act of decid' : lng the order for speaking. After some re; marks, which were participated in by all of the counsel for and against the prisoner, the Judge determined to give each sido the ex. tent of the rule', which granted four hours to a side. The order was as fol lows: 1st. General Moise, for the State. 2d. L. W. Smith, Esq., for the defense. 3d. Hon. LeKoy F. Youmans, for tho State. 4th. Col. Eugene B. Gary, for tho defence. 5th. Mr. Bcnet, for tho prisoner. Gth. Solicitor J. L. Orr, for tho State. Speeel* of General E, IV. Moise, of Sumter. Time: From 9.40 to 10.45?1 hour and 3 minutes. The State has established all the facts which are necessary to mnko good tho charge as laid in the Indictment. This Is not denied by the prisoner or 1)16 counsel. But as a matter of defense It is claimed that the prisoner was not guilty of the crlmc of murder, because of an unsound condition of mind, supposed to exist at the time when tho killing was consummated. With a view to establish thia conditiou, It is attempted to show that the prisoner from an early ago was liable to occasional attacks of some character of sickness which tbedelenso claims wero in tho nature of epllepstoid seizures or mild attacks of that form ol epilepsy which Is known as petit raal. The defence has failed to malto legal Rroof of any attack of this disease, no matter ow mild in Its nature at any time. The most It has accomplished In that line, has been the production of evidence going to show, that In the early stage of tho prisoner's life, to wit: from one to ftvc years of age, tho prisoner had been subject to certain spells of some character of sickness very temporary In its mil r>f en mild n tvrif! that medical skill had never been Invoke! with a view to suppress it. In these infantile spells the patient Is said to have exhibited pallor and to i have lost consciousness for some very short period, but there Is no evidence clearly establishing the supposition thatsuch attacks were of epilepsy In any form. The pallor, which is rellocl upon, Is not regarded by the authority in which the defence Dlacos its most utmost confidence as any infallible sign of epilepsy in any forin. See Hamilton on medical Jurisprudence, page 244. Nor was there any other conclusive evideuce that these spells, as they are spoken of were epileptic In their nature. In order that the accused could succeed In establishing the defense interposed in this case, It Is necessary they should prove affirmatively that at the time the crime was committed, the prisoner was not of sound mind, and this cannot be done by showing a certain condition of facts from which an hypothesis might ' be formed that he might have been of unsound mind at such time. Nor even that ho * might reasonably bo supposed to have beon affected by disease previously existing. The burthen of proof Is upon them to show not that he probably was, but In point of fact, that he really was lmbeglie, or of unsound mind at the particular time whon the offenco < was committed. i Tho next step in the chain which tho defence has sought to forge in this case, Is that during the BCliool days of tho prisoner be had been seen on one or two accasious to exhibit symptoms which might have indicated disease of some character, or fainting spells, at . ittnst. but in no case has it been shown or oven attempted to bo shown that any medical man had been called In, and had expressed the opinion that the prisoner had at any time In ills life, labored or suffered under the disease known as epilepsy in any form. So that It is not proven by any competent testimony that the prisoner at the the bar evpr was an epileptic at any perold of his life, but on the contrary, it appears that both bis parents are now living and neither of them are tainted with such disease. lie himself is before the Court and does not present the appear- i ance of one who has suffered therefrom. His father's family physician has been examined. | and he statos that he never heard, until this trial, that the prisoner was affected, in that manner. It is said however that he had a sister who had suffered somewhat in her youth i from similar disease; but it is a well recognized doctrine that disease does not descend from sister to brother. Nor is there the slightest proof that the sister ever had an attuck of < epilepsy in any shape, or had ever been treat- i ed therefor. It is alleged that she had been . given veratrum in solution, but it has not ( been shown that this medicine is peculiarly i adapted to epileptic cases. On the contrary, it appears from the evidence that it is iued in i that large class of ailments which are known I as diseases of the nerves. I It is said again, that many years since, an ( uncle of the prisoner had been subject to at- i tacks of delirium, that be had beeu in tin- y perate, and threatened to do c"ar_^_'./i<>rence; o but no &uoJ?*?,ete8W"T6uncl to Ray that he wus t -Hi-epileptic or had ever exhibited any of the b the symptoms peculiar to that disease, d Struggling on with threo vague and scatter- r liig surmises to a period when the prisoner r at the bar was working with his father they d seek to show that on two or three occasions he a was overcome and had to rest. Once wheu q overtasked in lifting a heavy log, and on an- s other occasion when plowing of a very hot v day. That on these occasions he complained t of his head, but 011 neither ono of them did a lie exhibit any of those marked symptoms y i wuicn cuaracierizo tne uiseasu kuuau u.o cj)llepsy. Lastly, It is alleged, that on ono occasion the prisoner at the bar became so much fatigued in hoeing a row of cotton, presumably of asummor's day, that his father suggested to him the propriety of taking a rest. And here ends all the proof, that the defence bus t attempted to make with a vlow of establish- a ing the unsound condition of the prisoner's \ physical health in the period from birth to 1 manhood. Here the defence divides, and ( adopts the maxim of Cardinal Ilicheileu that when the lion's skin proves too short 1 you must eke it out with the fox's. They at- s terapt to ro-lnforco tho disabilities of the g prisoner, by proving that habits of Intemper- g ance had supervened. From this period \ to the sad day on which the crime was com- t mitted, we And them struggling to driv? these a two horses?intemperance and epilepsy to s tho car of their theoretic defence, but strange i to relate, none but the members or the Ira- f mediate family of the prisoner, perceive the 3 evidences of his supposed unsoundness. His t 6chool-mates and companions are unaware 2 of it. No gentleman of the medical lraterni- t ty Is ever consulted about his condition. He \ isaliowtd to marry, to move to a separate 1 farm, and to conduct his own affairs ns any c other man. It Is in ovldence that he is some- k what dissipated, and addicted to quarreling 1 in some degree. It is shown that he had a 1 ? I ...1*1, AI- nlinnt. ( cuwiiutci YY J i/ii ?ixit uvuu>u^ ??----oue yeur before the tragic event about which wo are now enquiring. That in that encounter he was the aggressor, and struck the first blow. Subsequently, it is shown that In a brawl in a party in the yoar in the beginning ot the year 1S8?, he received some slight inJury in the back. Later on we llnd him indulging in dissipation to a greater degrco than heretofore. The evidenco 1b abundant that in the Fall of the year 1881 he was treading the downward path of dissipation and intemperance along the sides of which he must pass a weeping wife and mother, aud which would eventually debouch on the plain of ruin, whoso monuments would be the penitentiary and the gallows. The prisoner at tho bar seems to have known the deceased Benedict two years ago. Ho was Invited to his wedding, and there is proof that the feeling between them was not unfriendly, but in the month of December of last year, this eood feeling seems to have passed away. We And him iusulting the deceased in a most outrageous manner on tho public streets of Abbeville, oven at tho door of the prisoner's business, whero tho deceased performsd his daily duties. This was within a week of the fatal day. Subsequently, the prisoner wont to Ninety-Six. There he again indulges in liquor to tho extent of intoxica- 1 j.t ?~V, Wa fAtnt*nu tr\ Hla fa. ' Utlll, UI1U UU tuni; UlgLll lie .... ther's houso to meet the reproachful glances < of bis futher, his mother, and his wife. Ilis I , wife and mother appear to have remonstrated 1 with him. and ho in a maudlin state, sheds 1 tears, alleges that everybody is agaiust him, wishes himself dead and out of the way. I Who is it whoever knew an Intemperate I ! youth, who has not heard these very expres- < slons coming from him when the folly aud ] sinfulness of his course Is brought to his at- : tention. Whoever knew a young man, who < i had given Jiimself up to dissipation and to I drink, but who threatened suicide when re- i proachcd with h's selfish indulgence, and of i iiegiect of du?y to those dependent on him ? J His father says that on that night he re- ] ; maijjed i;i the sanjo room with him. He i ; s.ay? tlio boy was restless. Could not sleep ; and to use his own words, appearod to be ' plum crazy. Well, if it be .true that ho bad J: fathcr'B and at once begun to inflame nimsen with poisonous alcohol. Having by this means drowned all compunctions of conscience, lie sets to work deliberately to carry out tht purpose entertained in his heart of slaying the man with whom he had quarreled a few days back. He takes every step necessary to prepare for the awful deeu, announces his intention to a friend, and loads hiR weapon with care. What carried him to the placo of business of the deceased ? What did he go there for? Why carry a loaded pistol ? Why cock that pistol and remove it lrom one pocket to a more convenient one ? Why wait patiently until his victim approached ? If these acts were done In a state of somnambulism, or when the mental powers were suspended, so that he was unconscious of what, he was doing: how docs it happen that after firing the faUtl shot, he realized that what ho had done was wrong, and needed excuse ? How was It that he could frame excuses, three in number, either one of which would have been a defence to him If true? How was It that he changed.them as impossibility of maintaining them appeared ? If he were unsound of mind or epileptic, and these facts were known to his family, why was It not then announced j t.n t.hn horror-stricken people of Abbeville that such was his condition ? Why were not physicians called to examine him, theD and there? IIow was it that ills uunalural appearance did not manifest itself to the Marshal and Intondant with whom ho conversed? How was it that he could so well remember the necessity for giving security for his appearance and offer bail? Why was it that these symptoms did not manifest themselves when he was being taken to Jail? What were those words which he spoke to his victim before taking his life? No one but he could tell, aud he has chosen to stand mute. It would seem from what has been said, that the defence has failed to establish the facts upon which their theory rests; aud were this all ogainst which the prosecution had to contend it would seem that there would be no doubt what this verdict must be. Bat there Is a si-! lence more eloquent than speech, and thero are voices which are heard though they speak not. Benedict Is dead, and the prisoner lives. Human sympathy naturally tends to the living as against, the dead. The stricken parents of the prisoner, his young wife and younger children, appeal to this jury for their sympathy, and it is given in no measured degree. All of us must feel for them, aud if this were the place, and this the time for the exhibition of such feeling, none would commend It more than I. The misfortune of these people docs not arise from the position which the prisoner now holds at the bur. Their trouble caunot be relieved by anything that you can do. It Is not the Jeopardy of the prisoner which afllicts tholr hearts or his. It Is his guilt. That consciousncss of the great wrong which lie has committed burns into his soul and theirs^ You cannot iellcvc it unless , Thon canst minister to a mind diseased ; Pluck from the memory a rooted sorrow ; lltizo ont the written troubles of the bruin, And with sumo sweet, oblivious antidote, Cloanse the stuff'd bosom of that perilous stuff, Which weight upon the heart." II be could restore Benedict to life,call back the fatal bullet which he sped, see his quondam friend once more in life and health, then iudecd would peace, and Joy and hope return. Without tbls nothing can aid him now. If he atone here for the great sin he has committed he may have peace hereafter, but If he goes hence, unscathed of Justice, forever and forever before his mental vision must be the form of him whom he sen thence "unhouseled, disappointed, uuanneaied." "No reckoning made, but sent to his account with all his imperfections on bis head. Ob, It is pitiful, most pitiful. If you have nature in you, bear it not. You are herein thegravest position that men can occupy. The scales of Justice, hang on high, and ft Is for you to see that against all the sympathies of human nature you cast the weight of duty. That word which contains all the compensation of existence. When oli the capes of Trafalgar Viscount Nelson, rear udmiral of the British fleet, encountered the allied navies of France and Spain, he ran the signal to his masthead, "England expects every man to do his duty." So here to-day South Curoliua from her temple, of Justice sends aloft her signal cry. "You are expected to do your duty thin day, regardless of consequences." This is the temple of Justice, and not the hall of mercy. When you shall have done your duty, when you shall have performed your part, the time may come when an appeal for mercy may well be made. That is not tho duty of this hour. You are sworn to try the issue between the State of South Carolina and the prisoner ut the bar, and a true verdict reuder according to tine evidence, so help you God. The State demands it. If there is a blot upon the escutcheon of South Carolina this day, it is that lawlessness pervades the land. Il there is a blemish on her fair fame, it is that the laws of the land are not fearlessly enforced by the juries. We do not ask you to find an innocent man guilty for any such reasons as these, but we do osk that you do that which your consciences demand. We ask you tosay on your oaths whether the prisoner is guilty of the charge or not guilty, and blinding yourselves to all outside considerations, we call upon you now to write such a verdict in this case us will make the law hereafter what it should be, a terror to all evil doers. It Is not vengeance that we seek. The State .vot'l crave the blood of^yoi'fter children. It is LhA-'xauipiu wiiich is needed. Unless you do our duty hero, next week may have its tale f blood \o record in your county. If you urn this pHsoner loose you give him a carte ilanche to stay whom he chooses. Your ver[lct will huvtAPStabllshed a fact that lie Is not esponsible to ftho law. Yet you will give him leriect ireeuoin uo vvii'K ^ uu i bu cklo, iu uu i j eadly weapons,\to take any life or destroy ny property without the fear of consciences. Aro you^prepared to do this? If o, the future historian of your country will trite that liberty in your land was sacrificed o license and freedofcn, derlven from her dopted home by the uncurbed passions of our rising generation. \ k : \ Specch of L. W. Snii\h, Esq. Time: 10 50 to 11.(0-1 hour. V After addressing himself to the Nourt as to ho law applicable to the defendant's ease Ir. Smith spoke to the Jury In substance as ollows: \ 'jcntlenien of the Jury : Notwithstanding the great dlflidcnco I feel n raising my feeole voice in a case of such uch magnitude and importance, still I am ;lad to be here?not glad that pour John Fer;uson should by a seeming rash act have involved his family and himself In so much rouble and woe, but glad to do my part in Jding the defenso of one so oppressed and o deserted, in a case which not only involves lis life, but affects the 11 yes and liberty of us ill. His cause is my cause. Our cause la ours, and yours Involves nothing less than ban the liberty and happiness of every clti;en of this grand old county. Not only, genleman,doyou pass upon the solumn issue vhether John C. Ferguson is guilty of murler, but ycur deliberations have a still highland nobler aim. You are to prove to this Jtate and County, after all that has boen said n this case: Can a man receive a fair and imjartlal hearing at tlio hands of a Jury of his iountrymcn and peers? Can you listen alone ,o the evldenco heard upon that stand and ipply the law as expounded by His Honor, )r do the solemn facts laid hero by reliable vltnesses. coino to your cars under the lelKhtened pressuro of a mistaken public ieal? Js John Ferguson to be convicted as i matter of public expedience, or is he to enoy tlie greaL and noble protection the law alow a. and receive from you an unbiased and mpartial vcrdict? If such then is the issue, ,ruly is his cause ours, and we should see to t that he bo allowed all tho benefits and privileges our law in Its great wisdom allows. This, gentlemen, you havo no doubt resolved x> do when taking the oatli as a Juror, but no matter how pure and Just your Intentions, Fou may bo unwittingly led astray. Since :he last trial this case has been so ventilated ibrougb the columns of an hostile press, tho lofendant's case has been so ridiculed and misrepresented, vllo rumors have been circulated without facts sufficient to give them 2ven the coloring of truth, public opinion has been taught such false sentiment as to this case, that thoeo who naturally should sympathize with Ferguson in his distress, have turned against him with all their wrath; he bas been branded a publlo enemy, and to-day there are not wanting those who believe that f.hn.t. t.hfi future of our country's good, yea, verily, of our civilization, depends-upob~tho conviction of poor John Ferguson; and do I believe ray ears, the learned gentleman who has justaddressod you urges a conviction to Tacllilate 1 migration to this State. An horrible and revolting homicide lias been committed?we admit all tho gentlemen may say on this point?it may have few equals in the annals ol crime, but if you allow any other considerations to enter your minds than tho facts in tho case, you will bo committing a more horrible, more cruel, more del iburatc murder than any I can paint; and while you may not answer at this bar for the same, still there is another tribunal where no secrets are hid, belore which you must appear, and God grant you may acquit yourselves well. Turn your backs then upon the biased and prejudiced appeals of our newspapers, but In this generai indictment of our press I wish "x. been upon a debauch. that he was getting sober Ins condition of mind might naturally liavo been excited?too much so for sleep. If to this bo added the reproaches of a conscience, awakened then to a sense of the tolly and sin of the course he was pursuing, his demeanor might naturally have been such as to alarm the father's heart. If he had Eut a "thief into bis mouth to steal away his mlns" he might well be regarded as Irrational, even If that father, to aid bis son in Ills dire extremity may havo painted this scone in a light rendered sombre by his woes. The recording angel would, with a tear, obliterate all' the traces of that father's sin, even if he had yielded to nature' voice, and sought to shield his first-born by an exaggeration of the facts. It saem6 that the father did not wish him to come to Abbeville on the following day: made arrangements whereby his wife could attend a wedding at her father's whilst ho, the prisoner, could remain at his father's house, away from tho temptations of the town, but tho young man wns not resolute enough to carry out this arrangement. The tJilrBt of dissipation was was upon him. He| came to town, left his wife and child at her| M? ???????M? ? to except one of our papers, the Abbeville Medium. I was gratified to see In Its last issue a strong editorial on the right of newspapers to try a man before he has had his hearing in court. \ ' [Mr. Smith here commented on the num. erous array of attorneys for the State as un- < piecedentcd, and enquired Into the reason of this digression. After exhorting thejnry to brace themselves against the eloquence of State's counsels and the power of tho press, he continued.] All we ask Is for you to give us an Impartial hearing. As God is my witness we are sin- < cere in our defence, and while the defence of i unsoundness of mind is always viewed with a suspicious eye by the public, you have no I alternative but to listen to It. and the gravity i of this case should admonish you to be pa- 1 tlent that you may hear. < We do not contend that John Ferguson ever ' was or Is even now a lunatic or insane being, but at tho time of the homicide his mind was i en fiicnnuni Kv onllflnnv. rendered more vlo- < lent In Its destructive force by long continued and habitual drinking that his reason was dethroned and John was unconscious and therefore Irresponsible of the crime ho was committing. Epilepsy and alcohol are either sufficient to dethrone the reason and render the mind unsound. How long do you suppose one's mind can last if both these loathsome diseases operato at once? [The speaker then entered into a discussion of epilepsy, Its divisions, symptoms, predisposing causes, ?tc.] Tho only sourco of accurate Information we have is from tho medical books on this subject. No doctor who has testified on the stand with Ms practico connnca 10 an area i of ten miles squaro.In some couutry district, will pretend to have had the experience and I practice of one of the many authors we pre- > sent to you this morning through tholr works. Our doctors, for whose intelligence ' I have the highest regard, may do very well In cases of ordinary sickness, but when you come to nervoua diseases.?a branch of the < medical science upon which, Dr. Waddell says, notwithstanding the great strides which has lately been made the medical profession la only on the threshold of truth and certainty?for my part give me tho opinion and practice of a man of experience. The Stato, we Judge, will say, becausc none of tho docinn. wim tfiHt.irtrrt cnutil orivA as their exDer lence cases like John's, then there Is no such thing as epilepsy In a mild type and John Is not subject to tho disease In any shape or form. Hut gentlemen, If you are wilting to accept tho words of such men as Hamilton, Hammond, Ordroneaux, Pulzcc, and many others?men who have made this disease a specialty, who have devoted their lives, talents, their all to revealing the hidden truths of the mysterious diseases of tho nervous system for the benefit of suffering humanity; men who are recognized as authority by their own profession?then, gentleman, in the face of such testimony as you, you can't say John was notsnbject to epilepsy, and being once cerraln on this point, you can't doubt the disastrous effects on tho mind. Ordroneaux says an epileptic lives always upon the border of insanity,and that there are numerous cases whoie parties have had eplleptlo attacks without attracting the attention of bystanders, continuing on in the occupation they were persuing when taken, acting to all intentsand purposes as a sane and conscious beltig, although to talk unconscious of what Is going on. I *r?. ymHh tlinn rntrlowfl ?it. lc>npt.h tho flv idence of the case and continues.l Now gentlemen yon are to decide what were tliese strange spells. They can't be vertigo, lor Dr Waddelt says a person having vertigo can't live under an attack over four or Ave minutes,and thetestlmony shows that John's strange attacks lasted sometimes three or four hours. We though are willing for you to say vertigo for some, and If vertigo does not satisfy you as to all the attacks, say as the Stato urges, sunstroke or even fainting attacks, call them what you may, they are only symptoms of something behind. Don't understand us to say that every time a person has an attack of sunstroke, vertigo or fainting attacks, he Is necessarily an epileptic, Oh no; but we do say that John could Dot be subject to all them without It having some refereuce to a disease lying within, ana that disease according to authorities, is epilepsy. [He hero shows that the authorities all agree fho? .In mbpu rtf mild pnilpDSV or eDlleDtold seizures, the mind suffers more impairment thuu In grand mal. Also that epileptold seizures often only exhibit themselves in crime, there being no other form of the attack \islble; these attacks the authorities call aborted. He then reviews the facts of the homicide. Were they the acts of a sane malicious mind, but -of one unconscious ol what he was doing? He then discussed the subject of alcoholism in the form of dipsomania, and also as .an Incitlve cause for epilepsy. Voluntary intoxication doos not excuse, but when one reaches the state of a dipsomania by long continued and excessive drinking, he is an irresponsible being.] In couclusion he said: I have trespassed upon your time now longer than I expectcd. You will soon retire Into the room to decide upon this solemn crime. Shall Ferguson bo set free and allowod to return to the bosom of his family where he will he welcomed as the prodigal son ? The terrible ordeal through which he has pasned, the aching heart and burning anxiety of his wife and mother will all be forgotten. Ah! a bright picture can one paint here, but thore is another side?shall I mention It? Instead of Joy there will be misery and woe, misfortune and disgrace will bow to the dust tho gray beads of the venerable parents. The wlfo yesterday a bride, Boyonng, happy and fair?to-day hoars the death sentence of her loved one, and sees In the future which was l *?' 4 ?. I ? U UnMA M<%4ltiM/v Kill /Int rvn i i* o tiH bu ungllb Willi uupt', 11W til l lie, UUI uvo[;ti!i uuu sorrow. Ob! gentlemen, can you do it! Think well before you tako tbe fatal step. Spccch of Hon. IieRoy F. Youmans, of Columbia. Time : 11.55 to 1.35?1 honr snd 40 minutes. It has been charged that the State Is pursuing the prisoner at the bar, that we are persecuting him. To show how little foundation ; there is for this, I will call the attention of thfl dofense to the fact that In .wvn great many years ago. thp-n/wsed was not permitted to see thPiiidlclment Now, the prisoner peeH V .Mree days before his arraignment. jTCvrmerly, the accused was not allowed to have counsel at all, afterwards be was permitted to have counsel; but the attorney representing him could cross-examine witnesses, | Kni oniilil nnt n<lvrw>u.t.A tliA on llSft r?f t.llfi AH cused beforo tho jury. Now, not only can the accused have any number of lawyers he wishes, but If he be unable to pay for an attorney, his Honor will assign counsel to him: and his attorney has every opportunity of addressing tho Jury, quoting the luw and putting up his own witnesses. No clamor nor prejudice can , deprive him of bis right to a fair and imnartlul trial. With the almost uullmlledrlghtof ; challenge, an innocent man Is morally certain of an acquittal. Our appearance here Is no reflection upon the Solicitor. We can only come into this | Court at his invitation. The fact that the Solicitor haschosen to have other c>>unsel should ; not weigh for or against tho prisoner, but on- J ly anrues something unusunl In the case. It has been even recommended, in some counties', by tho Grand Juries, that there should bo county attorneys, to assist the Solicitor be- ! cause of the superior local knowledge such officers could command. In the case at bar, . this becomes more than usually necessary on . nnn,Mini nf tho uhlllt.v ftf t.hn fun-inns lnwvora who have from time immemorial graced the good old county of Abbeville. Why, may It please your Houor, Abbeville county 1h the mother of Judges, and Is still breeding them. It is well in the beginning to understand what murder is. The books define murder to be "the killing of auy person, with malice aforethought, either expressed or implied." You have abundant testimony as to the main features in this cese. It is in proof that there was a difficulty between the prisoner and Benedict. It in la proof that the prisoner used the most Insulting language: "You aro n damned liar." How can you insult a man moro than by calling him "a damned liar?" Truth is characteristic of a gentleman. Truth is the characteristic of a bravo man. TJio great Cyrus, tho conqueror of the world, taught the Lacedomonlans three things: to shoot the bow, to ride well, and to speak the truth. There are scarcely two words in the English languugo for which a man is moro apt. to receive a blow than "damned lie." I am aware that according to our law, no words Justify a blow, but few men can be found who would take the "damned lie" without. striking his adversary to the ground. Benedict's harmlessnef-s is proven by the fact Hi <?f el in ill v rot ill oil in I^Apmicrm'e most insulting language, "You're another." There arc evidences of u quarrol which were related i by an old gentleman, who heard nothing except the words which I have quoted. This quarrol took place iu front or Auerbach's store. Benedict's place of business. It is true that Ferguson stood upon the street but Benedict was In his place of business, whero he should have been. There must have been Some special reason for Ferguson's eolnc there, whero wo have him using these most approblous words to Benedict. A short timo after this difficulty the prisoner comes here under peculiar circumstances He had mado a promise to stay home, and his father had arranged to have his wife brought to town by his younger brother. But iho prisoner breaks the agreement, and accompanies his wife to the town. What was his conduct on that dav? After leaving his wife at the house of Mr. Brooks,, her father, be comes down on tho street We .ilnu hlra armed, with his pistol in his pocket. Then he goes to Kallsky's store, whore he generally bought his caruidges. Wanted 82 or 88 calibre. Kallsky had none to fit. Ho thereupon runs his hand into his pocket, draws out cartridges and says; "Here's enough to kill a man." What next, gentlemen ? Now comes in other elements: the drinking of poisonous alcohol and the uso of tho nimble pistol. We find him going to barrooms and drinking freely, and wo find him parading your streets with a pistol in his pockets. These elements and these habits, nine times out often, are prominent actors iu all the crlmcs which are committed. Then ho takes a drink; whether two glasses at a time or not. Then follows the effect. Then comes the staggering against Martly. Then ho asks Martin to go with him and see him kill "a damned Jew." Martin says, '-Don't doit." Tills was on tho day before Christmas. That glorious duy, more*glorious than I all other days. The day on which our Lord r and Saviour was boru. A day when men n forgive their enemies, and peace and goodwill prevail. The streets are crowded with t eager buyers,both black and white, making purchases to gladden the hearts of loved / ones at home. This very store was crowded, j Everyboiiy wanted to be served. Benedict I was getting a pair of shoes to sell to a negro j woman. Ferguson was already there, watch- t lug his opportunity?lying in wait. He takes 1 his pistol out of his hip pocket, cocks It, puts I It In his overcoat pocitet. Benedict, .all un- s conscious of the intention cf the assassin, t rencbcs over to get the shoes out of the box. Fergus }n says something so low that no porsou hears It Benedict himself did not hear It, and only l^e who refuses to toll, knows what he said. Notwithstanding Fergunon had called him "a damned liar," Benedict Buid, "Whatdid you say?" Then Ferguson fires, r What's that? If not murder, how can you t make It? It has in It, gentlemen of the Jury, am A UA A1A>M AAIO mil wrlAH A l\ SIOIJ VUO VI vuv CIVIlJVUbQ Ui IllUlUVil ilblJj gentlemen, it la worse than the ordinary crime of lying in wait. Ferguson goes to Benedict's place of business. He goes to the place where poor Benedict is carrying out hla portion of the command of the Creator '-in J the sweat of thy face shalt thou eat bread." Ferguson lias in wait for Bededlct In his own h bouse, his own home: for it was his home, a his very castle! Ho lies in wait to present his pistol. Bear in mind, gentlcmon of the |ury, the antecedent menaces, the former grudge. You have the preceding quarrel, iv deliberately planned scheme to do bodily harm. Nay, to do more, to "kill a damned Jew." He stimulates himself with liquor, and nerves himself to a horrible deed. If malice was an element in the case of the State against Stark, then do these acts come equally up to every element which constitutes murder. Ke renllzed the nature ol the offense which he intended to commit. He talked about it; gloated over It. Said what ho was going to do. Martin told him not to do It. Here was deliberate, premeditated murdor. The ferocity of the lion without Its courage; the cruelty of the tiger without Its growl; the venom of the deadly rattlesnake. without Its warning ruttle ! In alt your reading, In ull history, ovon In the graphic account of deeds done on the "dark and bloody ground" of Kentucky, have you ever heard of a murderor more doproved ? Going to a man's own house. Hosting his pistol to steady his aim. The former threat to''kill a damned Jew," which is followed by a remorseless cruelty. You may have heard of a inoro atrocious murder, I have not. What could be more horrible? A man nlalu In his own house ! This unoffending creaturo shot to death. Alone lu the world. No loving mother nor littlo sister to wipe the death damp froin bis brow as he went out Into the night. When Ferguson was arrested, what did he say? "Benedict was trying to kill me," "coining down on me," "tryfng to cut me.'' It would seem from tbi4 that his thoughts flrst turned to the possibility of escape. "Don't carry me to the guard house." "Let me gl vc ball." "I'll give Mr. Brooks as security." wow, let us examine into mo cnaraccer 01 tho defense which has been Hot up for the 1 prisoner at tho bar. It in alleged that he was 1 of unsound mind at the time of the ' killing. If it be really true that Ferguson's mind is disordered, Is it not strange In- 1 deed that no one, not even his father's fam- 1 lly phyRlclan. had over heard of the fact until he had slain his victim ? Until he was arrestedand in the hands of the law? The Idoa of insanity, like Jonah's gourd, must have sprung up in a night. We hear nothing of It until the moment of the killing?nothing of It beforo or after the commission of tho terrible deed. It is claimed that he was lia- ' ble to some sort of fainting spells; that he 1 drank hard; that he was suffering from insomnia after he cain6 back from Ninety-Six; ' that he was crazy and threatened to kill himself, but no one certifies that he had au attack ' of epilepsy on theday of the killing, or that he had ever had an attack of that fearful disease. But even admitting that the prisoner at 1 tho bar did have epilepstold seizures, did not every doctor on that stand testify that epilep tics were harmless? That unconsciousness, spasms, and convulsions were always present in epilepstold seizures, and that no epileptic COU1U coni'eivu suu punurui nuj' uut wuiic but; paroxism was upon him ? Do you believe that John C. Ferguson was unconscious when he slew Benedict ? Doesn't Ills threats, his act. his oxcuses for the deed, his desire for ball, his anxiety to attend a wedding, all forbid the thought ? In connection with this I would like to reply to whut the learned counsel for the defense said of General Molse. You claim that the prisoner at the bar, at the moment of the killing, waB of unsound mind. Then I would j ask If hisruind was diseased, and you thought it to be so, why, In the name of God, did you not then and there have Ferguson examined by some of your eminent physicians, who have on this stand given such evidence of learning and skill in their profession. The testimony of such men on this occasion, to corroborate the theory of lusanity, would have been of Inestimable value to the prisoner at the bar. None could have been more sensible of this fact than his able and learned counsel. Now, gentlemen of the Jury, can you believe that if the learned counsel, with their knowledge ot the law and their commendable zeal In behalf of their client, would havo neglected this most important duty, if they had thought that there lurked in the brain of John C. Ferguson one latent spark of Insanity? These are the matters to which General nr)il*Anaa/l Itlmcoir ' ATiUiOO OUUIUOO^U U l jiirwj11? If ho had been unconscious, if a demon had Bolzed bie brain, and If be had become a mere automaton, be would, when consciousness returned,and he found that ho hnd killed a man, have made all Abbcvillo resound with his cries. He did not do this. lie acted like other men who commit marder. The first thing he wanted was Lall, bail, bail. Like other guilty men, he was ready with his excuses, alleging that his victim was trying to kill him, was coming down on him, was trying to cnt him, when in fact, poor Benedict, was attending to his business, trying to sell a pair of shoes to a negro woman,and with no thought of evil. Who says that Ferguson ever bad epilepsy? "We are told that the disease i? heredltp'v? that It tatzaaMQitled ?v.n?.&iher to son. Islj rtlefmrpffrtlcle of proof that either the father ( or mother, the grandfather or the grandmother ever had this disease? How, then, can ho t have It? Unless you can trace it back to those i from whose blood he comes, he never had it. , Tell me, mv friends, if a man's father or , grandfather never bad It, how 1h he to get it ? < Suppose his uncles to have had It, bow is he , to got It from them? If all of a man's couh- j ins, his aunts and his. uncles bad It, ho^ is i that to ntlect hlro ? j-ler mother said tnat. iub sister Lizzie had it for six mouths. That she was cured. The doctors who have been sworn on this stand, say that the disease is incurable, and that it goes on from bad to worso as the patient grows older. The proof la that the parents did not send for a doctor to see Ferguson when he was In any of his spells. Dig mother testifies that she never saw John with an attack of epilepsy. Will you tell me that u lady, having a year old child, which Is subject to epileptic fits, would trust It with a negro girl seven or eight years old. There lives not a mother in all South Carolina, who has a child, subject to epileptio fits, that would not keen a constant watch over it. No mother could be found who would trust such in inlant to a negro girl wandering about ovor the farm. All ourinstlDCts forbid us to believe it. At school he couldn't speel?looked pale. When ho went to lift log, he set down awnlle. When he wont toother schools he acted like every other boy every timo he didn't want to study?once he looked pale at Dr. Riley's tal)lo, and was unconscious for a time. At Ninety-Six bo was drunk at the wedding. [Doesn't he seem to have a fancy forgetting jn a drunk at weddings?) Wasn't his behavior perfectly natural on the night he re:urtied to his father's house from Ninety-Six ? FIls liquor begins to die out. When his mothjr and his wife remonstrate with him 'or his conduct he feels bad; and it is aerfeetly natural for a half drunk mun to a ininu tnat an uie worm is against mm, unu c wsay that ho wished ho was dead. At such t /lines, by their reproaches, oar wives and our p Bothers sometimes make us feel very uncom- J 'ortable. At such times there Is usually loft a us enough of sentiment, enough of liquor, ind enough of remorse, to make u.s laugh and t :ry by turnp, while there Is enough nervous- f aoss In us to keep us from sleep. They callpd f t Insomnia ; Did you remember tho testimony of the clr- t lumstance about the negro and the axe. Do c fou remember how the difficulty was ended J is soon as tho old gentleman camo rouu the i sorner? Shall this circumstance excuse a c nan from thejust penalty which should at- 1 -tich to the crlmo of shooting a man ? . s Something has been said said about "Jews," 'J ind the hope that the Gentiles would stick t ogether. You have nothing to do with the o act that the slain man was a Jew. You are t iworu to render a true verdict according to p he evidence. I have no comments upon the s ict of speaking of him as a "damned Jew." v rhat is a matter of tnste, with which you r rnvo nothiug to do. No race of people on fi larth bavo been more persecuted than the rews. "We boast of our civilization. There o vas a time when Athens and Oreesehad no u iclence or literature. When education was n inknown to us they had temples of learning, o ?ho Jew should be protected by our law3 ox- t< ictly as any one else Is protected. You should tl mvo no feeling against them?mere suouia uo u 10 banding together against them. e The State puts up Its doctors, as well as the 0 rlends of the prisoner, but no one of them somes In drum beat of proving that Fergu- ? ion ever bad epilepsy. ? All hin acquaintances are put upon the f' itand?for the State and lor the defence?but ' iot a slngie one of them ever heard of his ?. laving epilepsy until the homicide. jj If on yonr oaths you believo this man to to C( srazy,and that he bellevod Benedict wastry- n ng to kill him, was coming down on him, 0( va.B try log to cut him, then you should ac- w nut him. If I thought he waa laboring un- h iclf 6U deIU8l0? would acquit him my- h No argument could convince you of the ? UlKlty or tno onarge that Benedict"was trying {i ,o kill iilrn, if tho testimony does uol do it. ei Crime cannot be punished except by Juries, c; Public opinion must sustain the law. The a: aw cannot bo enforced except by the approval b jubllc opinion. Notenson is written in deep- fc >r characters than tlrnt communities which ir illow crime to go unpu\)ishod, assume the re- n ipousibllity for tho crliac. vt Tho moral standards of u commuulty whicb U ( efnse to punish crime must become lower i md lower, until they are pone. I Lawlessness should not be allowed through j he weakness of Juries. I have always regarded Abbeville as the J Lttlca of South Carolina. It Is tho mother of < udges, and it is not done making them yet. I1 tbas been the home of distinguished law-1 era for ages. The people are remarkable for |i heir Intelligence, and their obedience to the < riws In the past have beeu most exemplary. * f lawlessness is to take tho place of this de- t lrable condition of affairs?if lawlessness Is 1 o reign?let it be at the hands of an usurper. I After Rcccss. j Evening Session, Oct. 23, 1885. j The Court room during the whole of tho < tiorning was crowded with Interested specators who had come from various sections. j In the evening the crowd was great. Spcecb of Col. Engene B. Garj. Time: 8.08 to 4.84?1 honr and 26. 1 Ilay it please your Honor : As our requests to charge. which have been i tanded you by the counsel for tho defense md which have been elaborately argued by \ lira, embody the propositions of law appllca- > >!e to the defense set up by the prisoner. I lo not deem It necessary to make further armament upon them. (Counsel then turned to he jury and said:) i If)*. Foreman and Gentlemen of the Jury : i One of the objects of trial by Jury is that he accused shall be tried by those who are ree from bias or prejudice, and who make up heir minds as to the guilt or Innocence of lie prisoner for the first time, when the evileuce Is adduced upon the stand. In this ase the prisoner labors under tbedlsadvanage of being tried by a Jury most or whom, iccordlng to their own statements, when " iworn upon their voir dire, had made up their nlndsasto his guilt or innocence. Thedeense therefore Is compelled In the first place ;o prepare your minds so as not to be influ:ncod by your preconceived opinions, and if .hey should succeed in doing this, then in the ; ccond place to show that the facts sustain ihelr plea. Permit me right here to say a f word in regard to tho action of the newspa-. pers, excepting from my remarks the Abbeville Medium and Abbeville Messenger. You jannot so soon have forgotten the vile and tngenerous articles that were written against Llie prlsouor tondlng to forestall public opinion as to lils guilt, and creating excitement imoiigst our people ngalnst him, while he wan a prisoner In the custody of the law, and, \s It were, manacled and shackled. I, in the vvordH of McGregor, "stand upon iny native heath," free to speak my sentiments, responsible for them and untrammeled by tno meshes of the law, and denounce tnelr conduct as unworthy of the high alms of Journalism,unworthy of our Institutions of government that accord to even the hnmblest citizen a fair and impartial trial, and unworthy of that liberty secured by the outspoken voice of a free people, which they have turned into a license. It they are to dictate what verdlots shall bo rendered then Indeed will the genius of liberty depart from our land, and we be as much enslaved as when the tyrant in high carnival holds the sceptre or power; tbey Bven go so far as to hoJd Jurors up to scorn who do not carry out their behests, and make it unpleasant and odious for good men to sit upon a Jury where the Press has told them what verdict they should render; they go so fur as to charge Jurors with corruption and bribery, and when called upon to give their fads, pretend that It was mere rumor; to say our Juries have been corrupt nnd no Investigation has been made of their conduct, is a reflection on the administration of Justice In our midst which I am not prepared to believe; to say that our Juries are corrupt la a slander upon a frfee people, because the Juries are drawn each time from every section of our county and would make us unworthy of selfgovernment. May it not bo laid at the door of the Press that their license in dictating to Juries has inflamed the public mind and caused them to take the law into their hands. Who knows but that the horrible homicide in Edgelield but a short time ago, was Inspired by the detestable articles of the News and Courier and Press and Banner, and who knows what may yet follow if they are not made to call a halt. During the progress ol this case my heart has been touched and pained to have beheld the display ol humor and flippancy occasioned by oven the color of one of the books upon which we relied, yes by the "little green book." I have likewise beeu pained at the array of "lions," "Bengal tigers," "house cats"and other beasts that, have been Jokingly brought in array before your minds eye, provoking mirth aud laughter, as If this temple of Justice had for a moment been turned into a circus or menagerie for the display or "lions," 4-Bengal tigers," "house cats" and other wild animals. No! gentlemen, this is no Urae for mirth wnen tne uie or oiieoi your cltizons, humble though he be, is trembling in the balances; wheu those who are near and dear to him sit here with their heads bowed and hearts crubhcd. and to whose feelings the sound of revelry Is as heart-rending as the Bcreeking of the screws in the coffin lid, which shuts us finally irom the sight of one who was dearest to us in life, or the dull thud of the dirt upon the cofliu In the grave, when the body is interred in its lust resting place. There is a certain solemnity always attached to the trial of a cause in this honorable Court, and if there ever wus a time when the smile should give pluco.to the tear God knows this is the time. Counsel for the Slate have spoken to you as as if the civilization of our country, or a return to barbarism depended upon the conviction of poor John Ferguson, oh If he were! some huge monster that should be gotten rid of, ho as to allow the immigrant Jew. like the poor weather-beaten dove with the olive brunch in his mouth, to rest his weary feet upon our soil, and And here an asylum from oppression, as if the State of South Caroline were some ferocious huge cannibal whose appetite could only be appeased with human blood. Oh! no! the life of John Ferguson Is Just as sacred in the eyes of the law, as that of the proudest person in the State; it provided hltr wild -?c JiWnU1 ,imif??ervjULWlii2^i allowed to wear untU a jury of his country *ny thai he Is guilty, and you are now to say whether he is guilty of tho charge whereof he stands lndioted or not guilty. The counsel for the State who last addressed yon has portray sd In beautiful words the cnaracter 01 ine ireat Roman statesman and warrior, Julias Scenar, and told you how much he counseled deliberation In those who had a duty to perform,?nd I commend tills advice to youtoiay, for you have heard one of South Carolina's most gifted and eloquent orator*, and perhaps from his lips to-day fell the roost ' powerful speech ever made In this C*nrt 1 room, and It would not be surprising If you ( should find your reason led capture, aud Ihe , ;hords of your hearts vibrating to the music , af his voice. True acting and^eloquenoe h*ve ' in all ages been able to enchain the buDan , reelings need I tell you that it is related of , >ne of the star actrcsses, that when p'a/lng . apon the stage her splendid personMonition if the character she represented and her pit- , ;ous appeals for protection from the strong . irm of the demon character who was nurt>u- 1 ng that reality gave way to Action in the , ninds of some of the slurdy men of the andimce, who rushed upon the stage In,the heat >f the moment, crying "You shall be protect- i ?d!" Need I tell you that when the gr<?t t fyinnH/inn/l Kir fhn nminool fnr thfl SUtfi ? ^CVOai tia/uvu vu\j vvuuuvi *wi w?? ? u *-as assassinated, Brutus, one of his,<ifilayers. r iddressen the concourse of people vbo had jathfcred at the capital, and by his eloquence nnde them believe that he had slaii Ctesar, 'not because lie loved Ceesar lens buf because le loved Rome more;'' yet when Mark Antoly the friend of Ctesar held up tb* "bloody - estmeiits," and showed them whtrein &a<l un the daggers of theassasains,told tbjm low Ceesar loved themreven more than -he lid himself; how that he had not/forgotten hem even in his will; how that hemd thrice >resented. the great Caesar with a klnjiy :rown which be did thrice refuse ; they ware itTftlii carried away by eloquence and compill:d Brutus, together with the other assassins, o flee for their lives from the infuriated vea;eance of the populace. Bo not then too much noved by the eloquence of this gifted speak(r. but "deliberate" well before yon act. ' The counsel for the State has boon veryparicular to go through all the delalU oi the nets attending and previous to tlie or the purpose of showing nnillce whero there | vas really no necessity for doing so, because I he law presumes malice from the mere fact} if killing, and the State's case would hftve ' ?of oo fif+'nMnoHw hnnn moHn aiU fi-om t.ho L nero proof of killing as by proof of all-these uinute circumstances,for after all the only ssue before you Is, Was the prisoner of unountl mind ut the time of the homicide? 'he same counsel very Ingenuously argued hat the plea meant that the prisoner was not , f unsound mind at any time be/ore or after ho homicide: This is not the purport ^f the lea; It does say that the prisoner was of unound mind at the time of the homicide, rhlchlsal) we have to establish, but it does lot say that tho prisoner's mind was not ef?cted beiore or after that time. Let me before I remark upon tho facts ol ur plea, caution you as to what is meant by nsoundness of mind, and ask that you do ot conlound it with idiocy, lunacy, insanity rcraziness in the common acceptation of tho jrms. What we claim by unsoundness is hat from certain causes which I will discuss, ho nrisoncr's mind was imnftlreri to such an xtent that he was not responsible in the eyes ? f the law for his act. * The State argues at one time that the pris- ? ner was so drunk ho did not know what he ra8 doing, and in the next breath attempts to ? how that Ferguson talked and acted perfect- " f rationally; they cannot when It suits them ? ialm that he was drunk, and at the same ? ine when it suits some other view claim ? :>at ho was perfectly rational so as to con- " eive and execute ill deeds. If Ferguson was ? ot drunk then his conduct would undoubtdJy indicate that his mind was wrong, for ho acting under a sane impulse would in j road open daylight proclaim and execute a ? omicide of thlsciiaracter? We cannot there>re as reasonable mon believe that Ferguson as acting from a sane impulse. Our next ? iquiry is as to whether it was simple drunk- ? uness, or impairment from epiloptic tendony and abuse of alcoholic stimulant from long " nd excessive indulgence. Let us now see ll * Is conduct would indicate that of a man 6ur- jj srlng from simple drunkenness. One or the lost notod characteristics of simple drunken- p_ ess until the person ceases to be able to ? alk is that ho is noisy, and proclaims in !> >ud and angry words whenever be intends a 1?< . - * { j Ad if violence. The witnesses say that Ferj^ii rUf|oi wns not noisy. That he took his pltJtof^BB o< his pocket, oocked It, and held It in his^^H saying one word. That Just ore lie shot bo spoke in such a low breath ,halt those standing by him could not bear urbf^was said, and some said be didn't speak it t|U He did noteven raise his arm from the jouljier when he ^bot. All these fiicts indi-^H jtitqa mind more like that of the sqmnara^^^H 3ul f t, to which the books compare an epildB^H Lie, jban to simple drunkenness, ThooIc^H^^B prewiuu -in vtno verucu" originated fact that the person suffering from primary effects of alcohol speak ou3 manner, whatever may be bis miruS: . (Col. Gary then reviewed In regard to the epileptic shlldhood to manhood.) The State attempts to Lacks were .a; one time vertij^^^H^HBfl^H sun-pain, at another fainting, ?nflH H sunstroke. We nave expert testlmon^o^H^^I to show ttut these attacks were epllepsy^i^^B the milder form, and the experts are oorne^^B out by theibooks. The hereditary tendency in tho family is conceded to be dne of the most impotant circumstances In diagnosing a case; that vertigo Is Itself a species of ept-. M lepsy, and then found In a person of epllcp tic ter.dencr Is called eplleptical vertigo; that the differente between vertlge and epilepsy Is MB that simple vertigo has no premonitions, SB while epllebsy has promonltlon. The books tell us that it rna^ skip one or twogeneratlooif KUU aji|JC(V JU iue Hiiro : BiSO IDBl It SlTIKra deeper thub a hammer; that an epileptic is a MB masked lduatlc. and habitually lives on the ^B border laid of Insanity, and Is incurable*!* ^B tbouRli tbf person may bav? no visible effects it links irf his system and may be developed' ^B Into a parfxysm at any time. Alcohol pain, erysipelus'and cat la the back are dll predlsposing airi exciting causes of epilepsy, be ^B cauxe iheyvork on-the nervous system and ^B epilepsy It a disease of the nervous system, The two treat centres of the nervous system |H are the bra(ln and spinal chord, which is aim* ^B ply a proldhgattoo of the brain, and whatev er etlects (ho brain effects the spinal cbonl ^B and whatcter effects the spinal chord effects ^B ihturn tbebraln. Sleeplessness is also eneof ^B the manifatatlonsoi opllepiBy, because ft et- ^B fects the nervous system. 1 ^B (Counsel then read from the Medical works ^B to sustain tfco defense of epilepsy.) ^B Another knportant fact to be considered by BB you 1s the efirect of-the excessive abuse of al* ^B iohollc stimulant. (Col. Gary their reviewed fBe testimony of his excessive drinking.) BWe submit that the long continued use of <H| liquor had produced a secondary eflect on his MB mind resultine In nuBoudness. ^BB The best authorities on alcoholic at!malants show that alcohol Is a poison, that Jtko many other poisons itfcflecta the nerves, SB th fact it selects the nerves for it* food and deIroys them, that animals .to whom alcohol H lad been administered, open being killed imrtiedlately thereafter wer? found to have aore In the brain than In the stomach: experiraents flillh alcohol upon insects fehows Uat alcohol Kill deprive tbe part placed in it of ail sensibility, and male it perfectly si iff V (Counsel alio mentioned Many other effects produced by alcohol) When taken In strong fbrm alcohol will Effect the nerves more quickly on occountof its poisonous [qualities VI tjian if taken in j solution, because when *1 takenin solution it Is absorbed into tbe stom? - } ur.h and does not hrfve the opportunity of wo* dnci ng so quick an effect on the nerve#, ft for this reason thati those; who h?ve become addicted to drink prefer 10 take it/'ctratgat" so nij to get tbe *nm?dlftte efltict^thereuR Soma ot the manifestations of epilepsy ami ulso of alcohol are jtendoacy to sulcldo^melancboly and tendency to homicide, ^ which wereyrova, to nave existed im prisoner. ^ I4 J Nov gentlemen|."?u will have to disregard all these epileptljra attacks Irora his childhood to manhood fid his excessive drinking fora long lime belL-e the homicide, and say that they had no direct or proximate elfeet lu^^H causing the homicide, and tlint John C. Per-^^H fcuson killed Artl Benedict on account of simple drunk? ess taking possession of his reason in or<flrito convict the prisoner. Who of you cot (Jaffa to be so great a phystclan as to say that the delicate texture of th? mind was not efiwted by epilepsy and alcoholism, when the direct effect of each is to destroy the reajpoing? Thongh unskilled 1* ^nedlcine. you tie to diagnose a oa*e of epilepsy, ana to snir what effect had been pro* duced by drin&Hlthough perhaps wme of H you raver sawlnaide of a medical book. Your respdiBibltity therefore is great, becausnpon ? yonrfproper cfoeeptlon of the facts In thlx ' ease Icpends tlWife or death of this prisoner. W in ne time of Frederick the Great of Proa- m sia a numble oltuen owned a little hovel near ] the Royal pftlffc: which detracted from the 1 look* of the palxse on account of its nroxlm- I lty tie emperofeflfered to buy the little bov?4? '1 but ihe peasaninfused to sell it. 'Whereup* on some or ine syoopnanui 01 me u>un tunc** the emperor why lie did not have it torn down. No! bo nays I shall not tear tt downy it shall stand aiaponument that the humblest citizen Is trtq in the enjoyment of Ms right. So geutTemen, if we have convinced your Judgmentiof the prisoners Innocence I know you will rejoice to rendor a verdict that Hbiill stand on record as a monument that the humblest citizen shall be'protected in his rights despite a ?omctous press and tblBarray of able Counsel tor the State! * ? Sbeceh ofW. C. Bene!, Esq. Time: 4.8S to &44r-2 hours and 6 urinates. Wo are indebtqi to tbe Avgutta Chronicle for tbo following report of Mr. Benot's speech. That paper had a correspondent here lu*t J week in the penfrn of Mr. C. H. Moise of jm Snmter,who has written several very inter- *?j esting letters from.this place for that paper: Tbe next speaker was W. C. Benet, Esq. fl| His address was, as it should have been, ho v.?i? in.wiino miiiikhI inr the accused. tho MM UC1<I? IVUUIII5 great speech or the day. Time does not permit a proper description of bis masterful ar gum ent; language fixll* me to relate the po w-~- I er of bis eloquence, the beauty of.1 rnage and ttft pathos pA/?v6r&ntly sincere and f hrartieRT lrteretft" Itt^ behalf of bis unhappy client. A *ery brief sketch oration, lor it '?;/ snob It wu8|is alt that I can attempt. Mr. Bonetcommenced with a beautiful and touching euloslum on Arlher Benedict, the dcceawed, and on the "great race" from which he sprang. Ho then denounced in scathing langgage the unusual and unnecessary efforts made by the State to bunt Ferguson to his deatb. He spoke of the highly Improper altitude of tbe distinguished counsellor on behalf of the State, who indulged In clandeslliio communication with the Jury, by look and glance, and sometimes by sneering comments on the defence set up by the prTsonagkcounsel. "Why all this array of talentT*' "Why was the ex-Attorney General 01 the State, the present District Attorney of thQ United States, employed in this cause?" 'Why wag General MoiBe, a man widely known for his great legal attainments aud the power or his oratory, added to the eloquent Yonmnns, to aid the only Solicitor la he State (Colonel James L. Orr,) whom li? the speaker) dreaded to encounter?" "We have here, against this poor, lonely ind almost friendless man, the most able ' ? "> flfotii rrmr/iKent.lnp Lhrt JUTJ iu?;w ill K.JK ww, ... tower of the State herself. We have General . Joise, inheriting-with his blood his graml alcnta and overwhelming energy of the rand race to which he belongs, as the chosen epresentative of the Hebrew race." AWby all this ? For what?" ""Were thcro In this case thirty citizens, sharged with a heinous crime, such extraorllnary efforts might be understood. "Can It be that the Hebrew race and the Jtate of South Carolina cannot trust a jury >f the county to dojustico between the ac-* :used and the State 1 If so, I repel the olmrgo M ylth all the energy of honest Indignation. 4 This unfortunate prisoner has been Judged without a hearing, condemned before a trlaL J Cne leading paper of the State, the News and Oaurier, calls this inquiry as to a citizen's M fullt or Innocence "The Abbeville Abomlim- at ilon," and this atrocious sentence is copied throughout the State. I thank General Hemp- H jlll, of the Abbeville Medium, lor his bravo ffords published before this Jury was enipan* S jelled, asking for t his accused, and for allot!)jth so circum&tanced, a fall and unprejudiced ^ xlal. (Here the speaker read extructs from ^ ihc leader in the Medium of the 22d instant.) "Other papers have hounded down this John Ferguson with remorsoless oruelty," "Traves;y of Justice," "Look out for Lynch Law," and limllar expressions have been usod In relaion tothls trial. Have these oditors forgotten, in their doubtess honest but most injudicious couduct, the jitter itrugxle before English Juries toestab- t ish the liberty of the press T Shall they turn ibertj (lrrto license and dictate verdicts to Juies? fcVhy, even our United States Senator, 3encr| Butler, is censured by the leading pa>er o;jlthe State because, forsooth, he hns :hose; {to appear as one of the counsel for citzens rf Edgefield county who stand chargcc! ,vith dp me. Allii'/fcnt have been made to that great Jurist and ;reat irln. Lord Erstino. Need I remind tlie learned 4L* "f ?Ko flfoto tchft hfirl mimrt !OUO?e CUU i/rujunvuvur> vi ?uu u??v, n.. o the . ithens, of Abbeville county, that LorU Erskino ?as gr litest of all in upholding tha liberty of the Juy? V ten employed to dvfend Thomas Paine, who k'as ch *ged with libel, the King and the Prince of Vales jot him wo*d not to appear in the cate. His rlend^ .ord Larapbborouch, warned him of his dan;er. Till you appear for Paine V "Yes," said Erkine,'! will take his case, and, by God, I will defend liro." "Cooporing amaH thtogto aret^I too have been pproxned, and have beon tofd 1 ewuld not aff>rd to lefeud John , Ferguson. But so help me OodI i rill defend any man, however blood-stained he may ppsar,If be calls upon mo. I do not blame my nblo nd leurned friend, tho Solicitor, for doing his whole uty to the State. I too am an olllcer of the county, , nd I will do uiy duty while God gives to my arm trength and to my tongue the power of speech." It is impossible 10 put upon paper the earnestness, tie subdued fire, tho boiling indignation, as depicted j the orator's face as portrayed in h.s qnivorlng arm, ! j proclaimed by bis tremulous yet powerful voice. *r_ r>? ir~i\r nn ?h? vnrlntlM rtnooMnc TCi- 4M IXU . DOU5I. kuvn vvw.. larks of the counsel for the State, and castigated ^ lem with the " vutor of his tongu*," "insanity dedge," M Chat little green book." What expressions to use on lis grave and awful occasion. Ife commented in ind but stringent terms on the action of Col. You ians in turning this tragedy into high comedy. M That little green book," said Mr. Beuet, "i? an exression suggested by that little green eyed monster alously" "They had nothing on their Bide to com- V ire with it They would have had the jury to be- J ?^e that the Look was devised 5>y the uttorney *