The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-03-08

is too feeble and too tiimsy TO overcome
the presumption of innocence that stands
| like wall between the accused and the
accuser. Against testimony SO light and
shadowy I interpose the impenetrable
shield of a good character, an ufitarnlshed
name. and q blameless and benevolent
life. 1.-THE proof of criminal charge must
establish it beyond all rational doubt. In
proportion to the enormity of the crime,
,nust be the force and conclusiveness OF
the evidence. The accused is bound by
no rule of law, bound by no rule of evl-
dence, to establish his innocence; the
prosecution is bound by every rule of law,
and every rule of evidence, to establish
his guilt; and in the name of law in the
name of justice, in the name oftruth, in the
name of innocence, I demand his acquittal
of a charge so grave, of a charge SO ground
less
Mr.. Burt next proceeded to examine
the motives that could have led to the
commission of such crime. In the ac-
cused, he said we find man of7unblem-
ished character good social position, am
pie means; these alone would appear to
shield him from the possibility of such an
imputation. We would not expect to
find such man guilty of SO grave an Of
fence, unless there be powerful incen-
tive. But in the present case, the only
motive that has been imputed at all, is
that he was interested to the extent OF
the amount of the freight Of few bales
of cotton, from Browns Ferry to Augusta
The cotton was never claimed as his; the
parties murdered were strangers to him;
there could have been no personal resent
ment. The cotton could not have been
the object of the expedition, for the cot
ton, it is proved, was not touched. To
found charge of guiltupon such grounds
and such motives, is illogical in the ex-
trcme. IN
The learned counsel next discussed the
evidence offered of an alibi. The hour,
he stated, at which the murder was CON-
mittcd, was Important; and yet, singular
to saw, neither Brown nor Howell pre-
tended to anything like accuracy in the
statement of it. Howell stated that the
moon was not shining. We know that
the moon rose that night Q little after 10
o'clock. Thaddeus Robinson, who came
homo after the moon had risen, found the
accused at his house The ali6i has been
clearly proven by four witnesses (J. 6.
Richardson, Sallie Showers, Thaddeus
Robinson, and Henry Preston,) whose
character no witness has dared to assail.
With regard to the testimony of Ed
mund and Squire, ne showed the falsity
of the motives alleged by them for their
recantation, viz, the fear Of contradiction.
They acknowledged perjury upon pre-
cisely that point of their testimony, which
admitted of no contradiction, inasmuch
as no one was present when Showers gave
them brandy. Squire, in his second de-
position, could not say from whom ne had
obtained the brandy, which he admitted
he had on Monday morning. Another
important consideration is the fact that
Sto9ers, on Monday, knew that Squire
had come home late, and was in posses
sion of brandy and the only explanation
of his knowledge is TO be found in the
fact that he saw him on Sunday night,
as stated by Squire, in his first testimony.
Mr.. Bart stated, that the efforts made
by the prosecution to impeach the testi-
mony of Henry Preston had proven an
utter failure. The Simultaneous firing of
several shots at the ferry might be heard
at Stowerss house, or the presence of a
breeze might readily convey tho sound.
The experiment of DR.. Pillsbury did not
test this point at ALL Besides, Squireand
Garrett. half mile from Showers house,
had heard the discharges so distinctly, as
to be startled by the sound--so much SO,
as to elicit from Garrett the profane ex-
clamation, which called forth that pious
rebuke from the sanity Squire "Garrett,
stop cussin."
The circumstances OF Showers conduct
at Stinson's Ferry, cited as an argument
of an intention to escape, were too insig-
ni6cant to call for serious argument His
subsequent conduct in Augusta, where he
lived for several days at hotel and on
his boat, rebut any such implication. That
he Left. Rrown,s Ferry with so small car.