The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-06-25

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HAYNES argument. He merely reoapatulatso e
ehnwno tn the Jury how strong it was, ana
the proof This frequency Of such cases was M " o 10
plored but the remedy was with tneln y u aua hayond
aanl nature of this case tended nn the
they acknowledged to be there ana tne. ~ p lent All
Identifies property given her by them 70 pe A
these articles -denuheu w osared by the
prisoners are very lame and such as ~ ware re.
would place any reliance in suon ~ o security
Geyed in court properly Toa Of crime is rat to prove
r. and then convict the parties charged WIN ~ that
In law established hundreds OF years aso clearly be-
presumption Of guilt mus. ne an
and honest man. and be discharged from yoono
parties at the bar stand precisely lne "a tbo In an
only their guilt had been brougn cod reject such evil
danca The verdict and the only one too tnae .o" @
be brought1n was guilty, guilty. guity. room lem
pares Clear and Jenkins ocGapy .e nnbshed Clear
ra.da = and Immediately endeavors to exc9pa1e MN m
ae by destroying all evidence OF ms the oor
crime He concealed the hra some of the
mt uatc, nnder mattress, and threw solio , ~ f
ao he nriyy It Is true as the counsel tor
the defence has stated that these tools cou op nr
carpenter mechanic; er put calling. and would they
w carefnIy Conceal their tools? An hohes. ai
has NO cause for conoealment HIS oegus otnton 70
He does not work like thief IN .ae otad Mace called
ceived the Dag OF for thieves Heconcealed
the nGo IN stove pipe out of sight Of man. When ne Is
arrested watch s soqnd st he Bought the watch
h cannot prove this His counsel mas trleo 70
rodmce witness who could prove ns oena nae
ter and how he obtained the noa allowed him BY the
t Int IA no avail His witness was not even sworn.
# wonld be useless to consume time gong
into the tails Of the caee Inc iaos' 0o
Jury. .,,,,u
IN tba nature al evidence, and quoted
- ,vonn,o which was cited yesterday, to prove its
The counsel for the State argued entirely
w.. when he called his clients thieves. he was
tatnsd from doablodyed villain who to save himself
tnrned states evidence. He believed such wretch,
and csed his olaens thieves Was anything more IN,
nndanisbiy. We ehoud not grope In the dark. The
oo,,rna ~ the prisoners was clear. They showed 10
o,ona ~ rnilt and on their arrest gave good reasons
Tiey we're taSer TO the Guard House and locked up
and when they demanded counsel cheat WAS sent
them, Who wornled himself Into their confidence ana
minions Of the law. This was most unusual occur
renee and one thae the Law should frown ut had
ys been tho boast Of the Law that 1t kept man
SONS himself to his coupse and to personate such and
then make use Of his confidence to damn him was
bideous crime. The law has, In this case allowed
smalt ones II was unfortunate that csrpent. and
burglars tools were so similar; and what few
grains gunpowder had to do with 1t he could not &c.,
The Court must be composed Of very explosive mate.
rials Il II could attach so much importance to little
gunpowder. The tools found were owned by Mr. Davis
had been used BY him. and we're stolen BY man named
M
that this man was implicated In the burglary not in
deed the principal He had. no doubt been guilty OF
the deed, and then used bis clients as pigeons A
Whosrer heard Of thief hiding anything that when
found would convict him, In the room where he had
been sleeping for two months3 Mr. Seymour reviewed
impassioned appeal referred the subject to the careful
confederation Of the jury.
His Honor, Judge DAwK1Ns, summed up the nature
the evidence eoited the character of the testimony
30. The jury had nothing to do with the vexed ques-
ton OF q Penitentiary All that should occupy their
attention the present law of South Carolina. and no
consideration Of the cruelty Of taking human life
should be allowed tohave any weight With them The
gary. This crime had been SO well defined in their
hearing BEFORE that he would but briefly touch upon It,
entering therein through any CLOSED door or window no
matter how slightly they were fastened, constituted the
crime Of burglary This crime has several consequent
upon IT. Robbery and perhaps murder, were both con.
vas eommitted evidently during ke hight time The
crime It was their sworn duty, having heard the owl.
dence to state whether the prisoners we're guilty or
bo9t evidence Oi persons uRVlu8 DEohou AntU
house committed robbery was the mere fact OF the
property being found upon them Clear, the first pr1
soner, was found with broken watches and . looket
Parties on the stand testified TO their being the same as
he had. he regans possession OF these articles ana
conoaals them It is true, that no proof
could be brought that he hid these artoleB but the
eurmiae was strong The facts we're before them.
he engages q man named Albert to throw away some
skeleton keys SC. HessAs aware OF jenkins arrest,
and the Jury could draw their own inferenoes Jenkine
Ia found In possession Of gold watch his arrest
he refuses to stale where he boarded 1t was ony d1s
covered on the third day Of his arrest Why did he re-.
fuse lsboring, he was, under heavy Charge? The
city detectives deserve great praise Lieut. Hendricks
should command the highest respect Of the citizens for
his energy in tr,cing and discovering crime He had
villainy present existed in Charleston The tools
produced In Court could only be used by adopts in
crime and their being traced to the possession OF the
prisonets was strongly against them. Knowing all
these things have the prisoners at the bar explained
satisfactorily how these thiDgs came into their posses
eion7 No clear account has been gven Their stories
were very lame. In regard to Stanton, the silver
watch was found In his possession. How he OBJ
tanned It we are not Informed. His counsel
could not explain he stands upon the possession Of
that watch; how he got 1t, whether ha an
plice Or not yvag with the jury; they had ard the
hDle evidence they saw how he had concealed the
skeleton keys; he was bar.keeper In low place, q
common rendezvous for thieves whether these things
should initiate against him they should decide no
man should be convicted Of suoh crime tho prison.
ers stand charged with, unless ater mature dehbera
ton that is the duty of tho Jury to decides they the
consider we'll before they decide the guilt innocence
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