The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-11-13
Of stfviotion upon Circumsantial Xvi
hri S- denco.

Tell Of tiiyiction upon Circumsantiol Xvi
And thrt 49,, aenco.
ke,P' tursday q very interesting
f0"i the m IL isposcd of, it being one in
The sh"iI iI,.ssd dc charge upon three freed.
,rhsn ~ tssIc murder Of another freed
bclss @tSearly tho whole day was ta-
N'sn'i ,i;spm the process.
A g3&phraim Lylcs alias Ephraim Da-
~ }ansom I.ylcs (unclc of Ephrain)
a Icnry Lylcs (hrothor Of Eph-
34 wcrc tho parties arragncd and
fAsfpr the murder Of John Tollvcr,
ADDna 81 II I'll Of July last.
LestS Ilicitor, Major G. D. Melton,
Or J3 havoilably absent, his Honor,
r$RS tunro, assigned to Major $, w.
the duty OF prosecuting the
BuatSy ythc part of The state.
8noihctirrg Solicitor, in stnting the
I, Sb, showed that the whole issue be
t%ton the State and the prisoners at
10 bar mad been sprung upon him,
nd that not only would the jury have
SaN governed by the developments of
s8Nestimony, but that hc himself
through the same mcdiun would have
. feel bis way.
aThc prcliminarics naturally GuScjnu-
haEhc cool spectator to sit with scru-
9hizing interest under the progress of
a,e trial.
Nothing positive was brought out.
NY A,rewdncss Of the counsel for
az" y 30" l.. c. McSars. Ron and
LHoIA'u2' '1 ;, "' we'll as that of tho act
Haj. 5. w. Melton, de-
ny N. !.a.LL ..Ll - ,'1hoin OF circumstantial
ihcts which irrcsistibly led the spccta.
tor to a conclusion Just such as the
jlry gave.
Ephraim Lylcs olias Ephraim Da-
Ms was found guilty, aud his uncio and
sbrother were acquitted
Wo have never before heard case
throughout, where the beauty, justice
And superiority of South Carolina
Jurisprudence, has so impressed them
Iaalvcs upon our minds.
Ef8 When the testimony was ended, and
NIr. McCan,s, who opened for The de-
fence, had closed, our conviction from
tho testimony was Mu'V. But when
Maj. S. w. Melton closed his argu-
mont in behalf Of the State, We were
,sscompolloa, logically and by moral
conviction, to take Il firm stand upon
tho grounds Of orig iginal conviction.
hBnt then. to close that defence, Col.
aIsion had boon held in reserve. lie
ffSas lengthy. and perhaps to those who
,fhad not fully ontorcd into tho morris
of the case, no doubt, tedious; but
4 when ho had closed tho shake Mr..
y sSNIcC.. had given tho spectator was
SS !sod--an earthquake Of convic-
b&SN had set in.
tll, all this was proper. The
.&lcution and the dcfcnco, both by
5$ md common sense, arc allowed
privilege Of making tho bost of
BQ@# base.
+, then the charge Of his vcncra
Ionor, Judge Munro, was to como,
& whole daylight burnt out alrca.
~ N the progress Of tho case, and
a llc-lisht being substituted, tho
sAEzdfga began his charge to the jury.
EEas brief, but it was tho law
ssasa9agt't to bear upon the evidence,
I'd this relation of the two was allI
pat he had to Impress upon the jury.
Ss convinced by tho testimony that the
sgahw upon the case had been violated,
IS lhe duty of the jury was plain, aud
Il! BY that duty they must stand, accord
~ ing to thcir oaths. His Honor defn-
s. Cd conciscly the distinction between
moral and legal conviction. Nothing
!. did hc say to prejudice tic jury
M against tho prisoners, nor did ho say
anything to make Justice subscrviont
4 To- Mercy.
& IS Tho Judges charge fnishod, tho
f8s Spectators doubtful connections were
4 over; his anticipations Of the verdict
5 fixed, aud his conviction, by tho testi
nony, thatof the thrcc charged, one
Ct lSast was undoubtedly guilty, was
8clinched.
sSaS 1t was n clear case Of moral convic
ton by mare testimony, and of legal
s3eenvicLion by testimony on1 law co,n