The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-03-08
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in your previous staten'ehes anu tes.'n,o-
nv in. reIat;on ..o this case, mentioned the
names of nesons as having been recog-
nized by jou on that occasion ?" Tho
conrt s,as to announce its decision next
moraing. That day the witness was ar
rested and locked up by himself. Next
morning he comes into Court, and before
the Court could announce its decision on
the question pending, the Judge Advo-
cate withdrew his question, and rehews
the former inquiry Did you recognize
any of the party and the witnessmeets
tho expectation Of tho Judge Advocate
and answers that he did.
Now, granting that the witness chang
ed his mind, how are we to account 1of
the Judge Advocate changing his? Is
there not something singular in the fact
that two men, without consultation, with
ont conference, should each separately,
and of his own motion, execute change
of front, bringing him into harmony with
the other? It is not enough that the
&. Judge Advocate should change his mind !;
and that Howell should change his; but
the Judge Advocate must know that
Howell had changed his mind, and will
cali that black to-day which yesterday
he swore was white. The question was
o most important one-tho Judge Advo-
cate pressed it eagerly; when, the next
day,he came into Court and withdrew It,
and substituted the other-he did it be-
cause he knew that Howell would answer
it to suit him. He could not know that,
unless he knew that Howell had changed
his mind. That he could not know, ex-
cent by communication, direct or indirect,
) with. Howell, And yet Howell swears
:. that no * one saw or conversed with him
in the interval. Who believes it l DO
not. I do not hesitate to say, that pres
sure Of some sort was brought to bear
upon the witness; Of what nature, or by
whom. I know not. The fact is patent:
You must either believe that the change
was exeeutedby each simultaneously, and
that each was mliraculously made aware
Of the others change, or you must be-
lieye that there was pressure upon the
witness.
As to the flimsy reason Howell alleged
for the perjuryAtho threats against his
ISe-it is enough to say that none have
been proved.
: From Howell we pass to Brown. His
testimony, to say the best'of it, is doubt l'
tnl. He saw the party but for few mo-
ments, indistinetly, at a distance, on a
dark night; and his own mode of express
sion shows doubt; II think / knew"
az cannot think I was Mistaken 81 took
it to be him. On the only fact to which
he paid attention, the number, he differs
with Howell Nothing moro unreliable
than identity; the books filed with de-
Dlorable cases of the conviction of inno-
cent persons, from the want of sufficient
proofs Of identity of the prisoner. On
this; point the evidence oughtto be "strong
and,cogent."
Physical difficulties alone would ac-
count for the mistake as to identity; men,
cal impressions conduce to the same re-
suit. The paramount idea in Browns
mind was the cotton saw everything
:throughthat medium; saw nothing but
the cotton; and identified only those who
had an interest in the cotton. His iden-
tifcation was the result of his Judgment
and not of his sight. Measure it another
way. Brown had three opportunities of
identifying Peter Keyes, yet he failed to
do so. He knew Peter Keyes well and
If mistaken as to one, may equally be
mistaken as to the other. The true ex-
planatien is. that Brown only saw those
whom, from their connection with tho
cotton, he expected to see.
Had Brown really seen Crawford Keys
and stowers, it would havc been certain
that night Nothing subsequent could
strengthen or weaken the impression.
Howell reported the murder next day at
Anderson G. 81. If he and Brown knew
that Crawford Keyes and Showers were
there, how is it that Crawford Keyes and
Showers were not arrested forthwith (?
They were the only two witnesses they
sconcurred; nothing else could be, or has
been added. Keyes lived only two miles
from Anderson; and a guard was at the
river, within mile Of Showers, that
afternoon; and sent to Georgia for a
mae,;strota IF this story had been told