The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-03-15

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Howell and showed that their facilities
for observation were good; that they
were both on the alert, and, from the ma
ture of the case, could not be mistaken
in their recognition of the accused, who
was well known to them both.
"It is said that Brown oughtto havere
eognized the rest of the party if he could
Identify the accused and Crawford Keyes
His evidence explains this circumstance
fully. The accused and Crawford Keyes
walked together.in advance of the party,
the others followed scattering along be-
hind them. They were the leaders, and
their action was tho means of ascertain
ing the objects Of the expedition; and
Brown, whotis an acute and intelligent
man, fastened his attention on them, pay
ing little regard to their followers-in
fact, not even stopping to count their
number
x* ** s.-*
laWe have, then, as the basis of recog-
milton, first, appearance; and second.
voice, as to the two most important per-
sonages submitted to this case, namely,
the accused and Peter Reyes, who was
the connecting link between him and the
other conspirators
ssNow, no case hassever occurred when
identity has been mistake in.rcgard to
two connected individuals at the same
time and place where the recognition was
by bothsvoice and appearance; indeed, it
is submitted that this is the highest and
surest ground of recognition possible"
The next point adverted to was the
credibility of HowelPs testimony and
showed how late public events, and the
present state of society in South Carroll
ma, must be taken into consideration, in
judging of the degree of weight to be at
tributed to evidence to general charac-
ter"
Sin the case of discredited testimony
we look naturally for the motive; that is
the key to ascertain its just weight. In
.l.c present aspect of the case this inqui-
ryis of tfvo-fold Importance. In it not
only solves the doubt worked by the tes-
timony as to general character, but fully
explains the unhappy transaction attend
ing Howells mode ef giving testimony
in this case If the motive that had most
influence with Howell tendedSto dissuadc
him from testifying against the accused,
then the force of the objections to his
testimony is dissipatod. What had. he to
gain and what to loscby testitying against
the accused2 In the Grst place, he ar
.rayed the whole community against him,
and rendered it necessary, whatever
might be the issue of the case, to fly from
his home as an exile. It placed Lis life
in imminent jeopardy, for the same spirit
that committed the murder would destroy
him and burn his house"
While, on the other hand, n conscien-
tious discharge of his duty, and support
of the Government, held out no induce
ments of proft.or worldly advantage.
aBoth of the counsel for the defence
have more than intimated that unfairand
dishonest practices and. expressions have
beer indulgcd in the first place by the
officers charged with the early investiga-
ton of this case, and afterwards during
the conductof this case by some enc act
ing in the interest of the Government
They have not scrupled to ascribe to
Howell, Squire and Edmund, in their tes-
|timony favorable to the prosecution, and
to leave the cause of such perjury to the
action of the military officers of the Uni
ted States.
"Such charge demands some express
sion from me- regret that gentlemen
fof high character and distinguished abil-
|. .ity have SO far suffered themselves to be-
come the representatives of the passions
of this case, as to indulge in such unwor-
thy and unjustifables accusations.
That a Military Court of great
and magnanimous Government should
permit such reflections TO SO without i'm
mediate rebuke that itshould not imme-