The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1852-05-19
NUMBER Is.

| S'',S &~oy % onn osoabes
as the cause Of her sons death. Gary
says, You needn't dispute anything about
It; for Benson Starnes is the man who kill
ed or cut p,e.r .... ...-..
At this point Of the trisl, the statesAt-
torney said he could close but there was
other testimony, which, Il introduced, would
clear Benson ofthe charge Of murder, and
would convict Hayes Of Manslaughter-
and as he had doubts Of Benson's guilt,
he would propose verdict of Manslaughte
or for both prisoners, leaving it with coun,
sci to accept or reject the proposition
Mr.. Osborne submitted to the verdict
which was also agreed to by his Honor
and the Jury. g:
The Jury empsnnelled and sworn, fnd
that the prisoners at the bar, Hayes and
starnes are not guilty Of the felony and
murder as charged, but are guilty Of the
felony and granddaughter. And the pris-
oners being asked why sentence Of death
should not be passed against them, thro'
one Of their counsel, Mr.. Lander, prayed
their benefit of clergy, which was granted.
Dan Plyler was then called in, and tes-
tilted that Gary caught Starnes by the hair
first in both fights, and pulled him with
force to the ground, and that he had not
seen Starnes with knife, and that Hayes
prevented him from parting them.
Several gentlemen were called on to give
the general character of the parties con-
cerned. Among them were Col. Huey,
Col. Stewart, Hugh Wilson, DR.. Williams,
Maj. Hart, John Stewart, Esq, Mr.. G. Nc
Kain, &c, who all testified to the general
good character Of the prisoners, and wit
nesses, and the conclusion was, that it
was a drunken frolie.
His Honor then required the prisoners
to rise and thus addressed them: "You,
Jos. B. Starnes, stand acquitted Of the
charge Of murder, but greatly fear that
you are guilty of one of the most heinous
crimes known to our laws, and if the pros-
ecuting Attorney had insisted, believe
you would not have escaped with your
life. You may thank your God that the
case has taken the course which it has,
but for the clemency extended to you by
the State, you might soon have had to
appear before your maker to answer for
the crime which was alleged against you.
Upon your conscience, Henry Hayes, q
heavy load of guilt must be resting. If
you had not interfered, in all probability,
Samuel Gary might have still been among
the living, / have had little experience
Il might say, experience in the criminal
affairs Of our State. For 8 years 1 was
prosecutor for the State in the 9th Judi
cial Circuit, and since 1887 been on the
Bench, and in that time cases out of s
yea, 1 can say out Of 5-nearly all
the State cases, had their origin in the use
Of strong drink. I am compelled to say
this has been more common in North Car
olina than elsewhere. hope this will be
q warning to you ever to abstain from this
curse Of our land. (Hayes promised new
el to touch drop again.) His Honor
hoped it would be 80, and continued -
Whereupon, ii is considered by the court
that Jos, B. Stanes and Henry Hayes
be marked with the letter M upon the
Drawn of the LEFT thumb, and that Henry
Hayes be then discharged upon the pay
ment Of the costs Of prosecution, and that
he enter into bond, with good surety, in
the sum Of $500, to be of good beha-
viour and keep the peace towards all the
citizens Of North Carolina, and especially
towards Mary Gary, Sarah Baker and
VIM. Griffin; and that the said J. B.
Starnes be imprisoned for the space ofsix
calendar months; to be bound in the Ike
amount, and then be discharged, upon
the payment Of all costs. ..-,,..
At IL O'Clock on Friday, the Sheriff
proceeded to execute the sentence upon
Starnes, which being done in the presence
Of the Court, he then bound the hand cf
Hayes to inflict the sentence when Hayes
raised his right hand, saying, 81 appeal to
Heaven, and call God to witness that ann
innoceht but take II ffeely--I love eve
~ body" The whole Court, Judge, jury
and officers, burst into tears. The Sher-
III was raising the iron TO apply il 70 hib
hand, when the Judge said @Stop Mr..
Qho~:EI kava ak-.,,c, lo..kA. "A A Sl..s