The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-10-13

tue jury, 10 allow every man, VINO hear
that felony has been committed, to iudg,
whether there Is necessity for him t,
arrest the supposed felon, or to take his
life. If this were allowed, there, woulc
great number of cases ofmurder which
could not be reached at all. Such &
privilege might be made an excuse for q
crime unparalled in civilized society
When an officer of'the law is sent fortl
to arrest felon who has shocked hu
manity by the enormity of his offence
he is compelled, by the law, to be eau
tious how he takes human life. He is
not authorized to do so simply because
the felon fees. But, when private citi
zens undertake to arrest an accused par
ty although the motives may be per
tectly praiseworthy and is to be encoura
ged, they must be extremely caution:
how they shed human blood, because
they take upon themselvesia very high
responsibility. They take all the risks
and all the consequences. 4
Now, have no doubt that the pris.
oners at the bar, acted with perfect con.
scientiousness in this matter. / do moi
think they pursued that nngro with the
hope of reward. They were simply in
formed, that horrible murder had been
perpertrated, and whole family thrown
into distress; and under the generous
impulse of youth, they went forward to
arrest the murderer. 1t is for you to
say, whether they exercised in that ar.
rest, a degree Of violence which was not
warranted by the law. 1t is for you to
say by your verdict whether these
young men, in attempting to make this
arrest, were authorized TO Judge, whelh.
er they {, ould take life, in order to stop
the man who was running.
! do not fird fault with the learned
counsel, who, so forcibly and eloqnenlly
has urged that jury have the GIT to
judge Of the law and the fact. 1 think
it likely that the old barons Of England,
intended in their Magma Charta, that
the jury--the peers of a man should
possess The right to Judge of the law
and the evidence; and that when they
wresied that charter from the tyran
nous King, they invested the jury with
this privilege. But, this is not the
question. The question is, what is the
law now? II has been decided again
and again by our Courts, that juries are
not the judges of the law. Juries are
judges of the fact, and Trey must take
The law as it is expounded by the Judge.
Thatis the rule in South Carolina, which
has prevailed for many years.
Now gentlemen Of the Jury, this case
is. in a very narrow compass. Was
there any necessity for this young man
to kill that negro? If there was a ne.
cessity, did they have any authority
simply as volunteers, to shoot him down
in the road? / think it my duty TO say
that this case cannot possibly be muir.
der; end hence, the point you are to de.
eide is, whether these citizens commit
ted an excusable homicide. If you
choose to render such a verdict you
have the right to do SO. But, If you do
not come to that conclusion under the
law which has been eaponnded by the
Court you will brtngih q verdict ac.
/ say to You, however. in
conclusion, that you have right under
all the circumstances to bring in yer
dict Of not guilty, it such should be your
decision, and with these remarks leave
the case in your hands,
The jury then retired. and as was sta.
ted in a former issue, after a consulta.
ton of three fourths Of an hour, rendered
a verdict of mot guilty"
Messrs, Startling and Pope, then re.
tired amid the congratulations of their
friends and Of the large audience who
filled the court room. - Caroliaiat.
---ss % ss---51----7 y s. /. -,
THE Flow OF GoLD TO THE UN TIED
SrArEs.--The London Revie,o has the
following:
"The efflux of gold to ths United
States has continued on. o somewhat
L ~. . .