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

TO THE EDITOR OF THE NEWS.
In your issue of,Tuesday, March 8, you COM
ment unfavorably on the order Of Judge Platt,
permitting two freedmen, Hilery Hardy and
Lewis Freeman, tried for the murder of Mrs.
Caroline Ell1ins,''t be discharged on their
own recognizance."
1t is certainly not in accordance with usage
in South Carolina for the public journals to
undertake the discussion of serious causes
| pending in the Court Of Sessions before their
decision is announced, and cannot SEQ why
the press, in this particular instance,, should
depart from its high courtesy, and it's scrupu-
lous regard to human life, and the eternal
principles Of justice. to cast it's shafts at pre-
siding Judge.
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 deotrum
que and the tS always easepded to the
In South Carolina the undersigned is we'll
known to be loyal citizen, + mean citizen
loyal to the South. and has been practicing
| attorney and solicitor from his very boyhood.
law, Chancellor Carroll, the Hon. N. L. Griffin.
the Hon. John Bauskett. Judge Aldrioh, 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 Wardlaw and Hon. Thomas Q. Perrin,
and whatever, therefore, may have been his
capabilities, qualifications or predictions, he
may say, that without being q Paul, che has
8 vt at the feet Of Gamalie.
With this preface, | avow that was the
leading attorney in the defence OF Hillery
Hardy and Lewis Freeman. conducted the
examination Of the Witnesses in the cause for
two or three days, until my physical powers
were nearly exhausted, in order that it might
be discovered who We're the perpetrators Of
one Of the most diabolical crimes ever COM
mitted, even in Edgefeld County. General
M. @. Butler was my associate counsel, and
has fidelity to the country could no more be
impeached than mine.
The controversy was not between whites and
blacks;1 but white; citizens prosecuted and
whites defended the negroes, for the purpose
Of ferretting out most horrible murder. On
the trial, both OF the negroes accused unques-
tionably proved an s'alibi, " or that they were
not present at the killing, and no judicial rnind
could doubt theiT ihnocence. FHes jury were
selected from the panel on account OF their
supposed intelligence, and consisted Of the fol-
lowing citizens. to wit 81
9. Bryan, foreman, F. L. Smith, E. W. Ed
son; Or. w: A. Sanders, Rev. A. W. Lindler,
Matthew De vore, James Pawsll, william 81.
Brunson and Hillery Hardy, all white men,
equal in sagacity and good report to any other
twelve men that could have been chosen ip the
COuAUyS uuu W0T0 IL hOU luU0llCabOs IL COulQ Do
shown that six Of them, OF much experience
and Of undoubted integrity, were in favor Of
an absolute acquittal.
1t occurs to the mind Of the writer that the
ing it one in which only one side is heard, as
in applications for bail in tho ordinary form,
and representations to, or presentations by.
the grand jury. But here the evidence had
and canvassed with all the acumen, as
tuteness and oombatti veness Of able coun-
sci; and no judge, with eyes that could see,
ears that could hear, and mind that could
the slightest doubt Of the innocence Of the
accused. Wherefore, I myself, as leading or
older counsel, If no. other person, suggested to
his Honor, that the prisoners ought to be dis
innocence was palpable, 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 in
caIcerated when they were 80 manitestly with
out fault. tsf"
AS the law anciently was, @ party in prison
had right to demand his trial on the first day
OF the ensuing term OF court, and il it we're
charged on his own recognizance, at the next
term. This was the established practice ID
the better days of the republic; and the reason
for dischargng criminal after an investiga-
made patent to all the world, is tenfold
stronger.
1t would appear indecent and unfair, under
most circumstances, to divulge the proceed
ings in which the life OF a p,an is implicated,
but here the press has raised an alarm which
resounds throughout the whole South, and,
without making myself the champion Of any
official, would be recreant to my duty as q
lawyer, as member Of the courts Of this State.
and as friend to my fellow man, if I remained
silent and permitted an unjust reproach to be
csst upon judge who, whatever may have
been his antecsdents, acted, at least In this
instance, with my sanction and my hearty
approval.
Hence, I shall avail myself Of the earliest
opportunity to present to the public, not only
the whole evidence, bat She short speech il
was my privilege to make on the trial Of Hil-i
lery Hardy and Lewis Freeman, for the MUIR
der of Mrs. Elkins, and trust that the pa
pers which have been swift to mako an accu-
sation against Judge Plstt, and incidentally
against the counsel for the accused, General
M. @. Butler and myself, will, with equal alaori-
tty, promulgate this and our ampler vindica~
hon to the country.
Very respectfully,
JOSEPH ABNEY,
Mr.. Catlin, the American ethnographist,
whose extensive travels have led him through
the widest and rudest scenery of America, has