The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1871-03-25

cPGgrtunity TOR rspentarcei 5hat Ptoyi-
derce is niiercifal, But such a sohsid-
Grafton agailg pot with a dying man.
He Knows that there is no repentance
in the rraye.
eadduee all of these considerations
to show that, under the circumstances,
under which Mr.. Gardtss made his
statements, men will not tfiae with
truth. But It is possible thGs Mr.. Gstd-
ner may have erred. Even in those
last impressive moments. We may be-
ficve this, If he had made this statement
but once. But the fact is that he re-
peated it again and again DIP to the very.
moment of his death. And all those
who heard his words concur in saying
that he stated the same thing essentially
on every occasion. He was in q clear
mind. One witness seemed DESTROYS to
produce the impression that his mind
wandered, but when, on tho cross ex-
animation, ,fo was asked directly the
question, he limited himself to the
statement that at the very last, When lie
saw HE end at hand, he would breaE Of.
abruptly from the ARRAY to speak of
other matters. Gentlemen, at the last !
Already he heard the soft footsteps
Of death fall slowly dfoi fis fading
sense. Time was short, oh, how short,
Nth him. How many matters must
h,vo come flowing in from every portion
of his life upon his mind. Can you be
surprised then that thcro asolfd fave
been something of incohcrency in his
words. Can you be surprised hat he
would turn abruptly from this one mat
tef MhiUiI, 1t seems to me, cruel in the
bysta hders to have pressed so much
upon him, to speak of the life he was
about parting from forever, or the child
in a few moments he would leave faith
%erless; that he would turn to the
many plans Of future welfare he had
been fondly forming, apd all or which
ne now with agony saw, finally defeated,
and vanishing forever. No., gentlemen,
this fact stands boldly out in the whole
matter, that Mr.. Gardner told this story
ACKNOWLEDGEMENTS ~
to the moment that he died, and that he
adhered to the same statement pcrsis-
tently from the beginning to tho. end.
This f,St Stands prominently forth /; it
has not been c~ontradictcd. Ant this
statement SO clearly told, so frequently
reiterated, was that the prisoner at the
bar first committed the assault.
In addition to these conflicting state
ments there are other circumstances to
be briefly considered. It seems to be the
theory Of the defence, although, at the
best, it was but imperfectly Swallowed
forth, that Mr.. Isaac Gardner, tile dead
man, for some time before this transac-
tion, had been eticrithing a deadly pur-
pose towards the prisoner. This was
done in order to support the statement
that Mr.. Gardner made the first assault.
But, gentlemen of the jury, has it not
been sufficiently proved to appear that the
person whom Mr.. Isaac Gardner had in
his mind as the who would yindicate
the Injured honor of his family, was Mr..
Henry Gardner? Tho testimony shows
that the person who was likely to come
into collision with the prisoner, was tho
young man, Henry, not the old mar,
Isaac. The notion tia. NJ. Porter SUP
posed tS&st lead Garnder was chefi. hing
any deadly purpose against him has been
utterly reiuted by his w testimony.
He admitted that that very m;orHipg he
had attempted to arm himself With a
deadly weannn %aeains. HAa~r G=~i
Asked this question on the stund-hc
admitted IKE fact. GentIrn!su Of the
jury. is it not an insult to your under.
standing 4 trifirg With truth, Il ridicu.
lous at;,,@'i9tt to fefsat the esIids of JUS.
iiec, tha9 ilf.=r this bearing Of the secrets
of their cTn bosoms to your eyes, tke4
Should attempt to show that they feared
this assault from this old maa, Isaac
Gardner? Suppose that Mr.. Gardner
did utter the has'y expressions which
were imputed 20 him " Ee 1.tocsscs,
who said that lie ~converscd With him
about the cause of all this difficulty Z
few days previously in the swabSip.
There were no persons VreseG, at fha:
meeting but the Witness, Who is a rela