The independent press. (Abbeville C.H., S.C.) 1853-1860, 1856-07-18
The Brooks and Summer Case.

morning before Judge Crawford, of the
criminal court. The District Attorney APP
peared for the United States, and Hon. J.
l.. Orr, of South Carolina, and John "A.
Linton, Esq, Of this city, for the defence.
The evidence adLuced did not differ mate
rally from that given before the Congress.
sional Committee. At the close of the ,es-
timony, Mr.. Brooks addressed the court us
follows = Wush. Union.
May it please your honor May be per-
mitted to say Il word Judge Crawford
Certainly l appear in person before this
honorable court simply to receive its judg-
ment. [ would have preferred that the
person upon whom the assault was commit
ted had been present to answer whether or
not his speech which libclled my state and
my blood, was printed before its delivery
in the Senate. | feel confident that, under
oath, he could not have denied this fact.
which, with due Difference to your honor, |
regard as material to my defence, inas,nuch
rs Il libel is contrary to law, and to that en-
tent would operate in extenua.ion of my
offence.
would like to have inquired of him, in
person, as to the degree of his personal in
juries, and to have been informed in what
way he could reconcile that part of the
statement as to the words used by me
when the assault WAS made with the &scn-
tence which Immediately succeeds this lam
guage i'll his testimony before the invcstira-
ting committee, and which is us follows
"While these words were passing from
his InyI lips, he commenced Il succession
of blows with Il heavy CANE on nv bare
head, By tie first Of vhicA I rus stunned
so as to lose sight"
1t would have g,atified me had lie been
compelled to answer under oath as to the
violence of the first blow, which I aver was
but tap, and intended to put him on his
guard.
But, sir he is conveniently and dcliber-
atcly absent and on travel, notwithstanding
SIN days ago this case WAS postponed on
account OF his extreme indisposition and
the materiality Of his testimony and vet,
with all these disadvantages, prefer TO re.
celVe the judgment Of the court than to
continue in suspense.
1t Is not my purpose to adducc any cvi-
dcncc in defence
have already accomplished more than
half of the journey of life, and this is the
first time that it has been my misfortune to
be arraigned before any judicial tribunal AS
a breaker OF any law OF my country. |
confess, Sir, and without shame that INV
sens'bilIties arc disturbed by my novel posi-
t,on' and have to express my profound regret
that III disclarslnga duty imposed upon me
ny my own sense Of right and the sentiment
OF thegallant people it is my pride and honor
to represent, | am constrained, as conse-
quence, to approach you as yiolator, and
not as maker Of the laws.
In cxtenuation Of my offence, permit me
to say that no extraordinary power of in
vention is requisite to imagine a variety Of
personal grievances which the good Of So
ciety and even public morality require TO
be redrcssed and yet no adequate legal
remedy may be had. So, also, are there
cases which may fall under the condcmna-
tion of the letter of the law, and vet like
considerations will restrain its penalties
The william who pcrverts the best feclinos Of
the better sex, and rewards uns1,spectinp
devotion with ruin, may bid defiance to
this honorable court. But, where sisters
dishonor is blotted out with the blood Of
her destroyer, an intelligent and wholesome
public opinion, imbodieJ in an INTELLIGENT and
vIrtl'ous jury, always has, and always will,
control the law, and popular sentiment will
applaud what the books may condemn.
1t is the glory Of the law that it is found
ed in reason. But can that reasoning be
Just which is not rcgardful Of human feel
ing? Sir, no one knows better than YOUR
SELF that such reproach does not rest upon
our Jurisprudence for, even the stern let
ter OF the law touches with tenderness the
husband who Stays in the act the usurper
OF his bed. The child who kills in defence
OF its parent is excused by the law, which is
ever .regardful Of the yirtuous impulses Of
nature.
by a parity Of reasoning, patriotism is
regarded by every nation upon earth as the
cardinal political virtue. Laws. arc made
to reward il, and to perpetuatc the names
OF those who are its cxemplars. And can
'tbe expected-will it be required-that ],
with heart to feel and an arm to strike
shall patiently hear and ignobly submit
while my political mother is covered with
insult, and obloquy, and dishonor 2 Willie
her character is slandered and her renuta-
tion lbeled
SIR, the substance which l have been
gathering for my children may be souan.
dered, my body may be consigned to the
common jail, any life itself may be forfeited.
nut WILDE true to the instincts of nv
nature-true to the home of my nativity.
and to the mother that bore me.
G.1k a q