The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-23
THE MIsTRIAL IN EDGEEIELD.
A Letter from the Senior Counsel for the
Accused.
TO THE EDITOR OF THE NEWS.

TO THE EDITOR OF THE NEWS.
In your issue of Tuesday, March 9, you COM
ment unfavorably on the order Of Judge Platt,
permitting two freedmen, Hillery Hardy and
Lewis Freeman. tried for the murder Of Mrs.
Caroline Elkins, ''to be discharged on their
own recognizanee."
It is certainly not in accordance with usage
in South Carolina for the public journals to
undertake the discussion Of serious causes
pending il. the Court OF Sessions before their
decision is announced, and cannot see why
the press, in this particular instance, should
depart from it's high courtesy, and it's scrupu-
lous regard to human life, and the eternal
principles Of justice, to cast its shafts at pre-
The EdSefield Advertiser, my neighbor,
made the first onslaught, and innumerable
other papers have echoed the cry, without, !
venture being able to state any substantial
grounds for their departure from the dectrum
due and the Difference ALWAYS extended to the
judiciary and the public justice Of the State.
In South Carolina the undersigned is well
known to be loyal citizen, / mean o. citizen
loyal to the Souah and has been practiclng
attorney and solicitor from his very boyhood.
He has argued causes with Chancellor Ward
law, Chancellor Carroll, the Hon. N. L. Griffin,
the Hon. John Bauskett, Judge Aldrlch, and
with most OF the distinguished lawyers Of this
section Of the State, before one OF the most
glorious benches Of which any country could
boast, tor the LAST quarter OF century. Be-
sides, he took his first lessons from Judge
Lewis Wardaw and Hon. Thomas Q. Perrin,
and whatever, therefore, may have been his
capabilities, qualifications or predilections, ne
may say, that without being Paul, me mas
sat at the feet of Gamaliel."
With this preface, I ayow that 1 was the
leading attorney in the defence Of Hluery
Hardy and Lewis Freeman. I conducted the
examination Of the Witnesses in the cause for
two or three days. until my physical powers
were nearly exhausted, in order that 1t might
be discovered who were the perpetrators OF
one Of the most. diabolical crimes ever com.
mitted, even in Edgefold County. General
NJ. G. Butler was my associate counsel, anu
has fidelity to the country could no more b.
impeached than mine.
The controversy was not between whites and
blacks; but white citizens prosecuted ana
whites defended the negroes, for tho purpose
Of ferretting cut most horrible murder. On
the trial, both Of the negroes accused unques-
tionably proved an '.alibi," or that they were
not present at the killing, and no judicial mind
could doubt their innocence. The jury were
selected from the panel on account OF their
supposed intelligence. and consisted OF the fol-
lowing citizens, ID wit:
:, G. Bryan, foreman, F. L. Smlth, =. ~. Ed
son, DR.. W. A. Sanders, Rev. a; W. Lnaler,
J. r. Bee, Michael Lebeishultz, ID. II. Dur1soe,
Matthew De Vore, James Pswall, William d.
Brunson and, Hillery Hardy, all white men,
equal in sagacity and good report to any other
twelve men that could have been chosen I'D the
county; and were 1t not lndelicate, 1t could be
shown that six Of them, OF much experience
and Of undoubted integrity, we're IN faVor OF
an absolute acquittal.
It occurs to the mind Of the writer that the
error Of the press in this case is, IN consider
ing it one in which only one side is heard, as
in applications for bail in the ordinary form,
and representations to, or presentations by,
the grand jury. But here the evidence had
been heard on both sides, and weighed
and canvassed with all tho acumen, as
tuteness and eombatti veness Of able coun-
sci; and no judge, with eyes that could see,
ears that could hear, and mind that could
understand would have been able to conceive
the slightest doubt Of the innocence OF the
accused. Wherefore. I myself, as leading or
older counsel, II nc. other person, suggested to
his Honor, that the prisoners ought to be dis
charged on their own recognizance. Their
innooence was palpsble, and there might have
been difficulty in their giving bail, especially
since they were negroes, and it would have
been intolerable oppression to keep them ln-
ca1ccrated when they were 80 manlfestly With
out fault.
!, AS the law anciently was, party in prison
had right to demand his trial on the hrst day
of the ensuing term Of court, and II. 1t were
not youchsated to him, to be heard, or DIS
charged on his own recosnizlncs, at the next
term. This was the established practice IN
the better days OF the republic; and the reason
for discharging criminal after IN inyestlgaa-
ton and mistrial, in which his innocence ls
made patent to all the world, is tenfold
stronger.
It would appear indecent and unfair, under
most circumstances, to divulge the proceed
ings in which the life of plan is implicated,
but here the press has raised m alarm which
resounds throughout the whole South, and,
without making myself the champion OF any
official, would be reoreant 10 my duty as
lawyer, as member Of the courts CT this State
aud as friend to my fellow man, II remained
cast upon o judge who, whatever may have
been his antecedents, acted at least 10 this
instance, with my sanction and my hearty
approval.
Hence, shall avail myself of the earliest
opportunity to present to the public, not only
the whole evidence, but the short speech it
was my privilege to make on the trial OF Hill
lery Hardy and Lewis Freeman, for the muir
der of Mrs. Elkins, and trust that the pa
pers which have been swift to make sn accu-
sation against Judge Platt, and incidentally
against the counsel for the accused, General
NJ. c. Butler and myself, will, with equal alaeri-
ty, p1omulgate this and our amper vindica-
ton to the country.
Very respectfully,
JOSEPH ABNEY.
MIR. Catlin, the American ethnographist,