The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-02-13
mn.Ktlling OF Perrin

sakl6rP. EQNn6EOu6 'pdScdSOo hohA DASsSe
Criminai Law. assuming that ignorance OF
fact stood upon an entirely dtnerenI grouhu ,s
than that ofiguorance OF law; lnat, II tue
nrisoner was under the Impression CnaI tue
deceased was endeavoring to get tne ooit
-meutiohed IN the evidence, ae was not oniy
legally but morally right IN eommss,TiSS a.Mai S,ct
the deed: it was not question OF actual lac.,
hnt only of Impression. He further arsueo
that. il he reaI onaoly concluded tnat ne 10
In danger, not caused by his own careless-
mesa. and 1t should turn out tnaL ne sh WaI the
taken. even then he is jnstihed, aiInousa u tne
life of another be taken; ~ ~ an antboritIes. by
-ssjIed: he further showed oy autuolt.theo, hS ~
enorhsr with deadly weapon. ne Is not oouu1 nn
- s.traat and thereby encourage tne assaii-
snr IN attack him. He said the code OF molals
iais down by the preceding connsel ior Ihe
State would serve for community ol auSes,
hnr va are finite creatures, and 1t would oe 10
ma something unnatural and never would oe
established BY any jury. Exhibiting the ooit,
.he, ea,d n. any man could say that II was nota
deadly weapon, then, Indeed, Tie age oI Gun.
mon. sense vas passed, Tor It was eVlueut tuaC
the mere falling OF that Instrument from i.Ie lug
window would be enough 10 enosnger snI t,,1
ef q man. without the use OF any prope,iis.s ny.
force. tHa said .thatamong the rights sun ,slt
TO man was the, grand, old right OF sell de-
fence, and the law recognizes IT. t'ln eYefy ie'
'p pConusel then commenced upon the facts OF
thecsse ln skillul and elaoorate aLgomsa.; leu
how the testimony OF the physician gave
snientiBc proof that the deceased'was adVan-
einp on prisoner at the time or the commis-
sioH nf the deed; that prisoner never iald the
weight of his finger upon the deceased, tnat
the term made use oil by the, prleoner 10 tue
deceased was nolegal offence, even II II was
not Intended in joke, and 10 Ine Presen. case :,
itWas not even q moral offence, because IL
Was customary among them. The iact thst
prisoner did make use of certain remarks 20
the saloon is no evidence that tnere existeo
anv malice In his heart, because ms olu nGt
carry It into effect, although tnere was apnP n
opportunity tor so doing 30 soon as ne leiI
ths saloon: such remarks are trt quenty made
by persons who have no Intention OF carrying
them into effect. he then alluded IN scanning
terms to The conduct OF certain witnesses lol
the defence, and compared lnelr: eVloence
given before the coroner with that gwen upon
the stand-contrsdicting themselves IN points
of vital importance. "The deceased lay under
the sod In q bloody grave, but who would not
b, the dead Perrin rather than the living
Yesey or, Withers.n.'. he. begged the jury 10
remember that Tie deceased was The aggree,
sor and gave TWO blows to The prisoner, ana
that Gisinterested witness saw MIN endeaVor
to arm himself with Captain HendIickss cane;
these were immortal truths put down oy tne
recording angel, and were the beacon-lights
Of this case In conclusion, he remarked,
thar he would not insult the Intellectual and
moral character Of the jury to. discuss th,s
question otherwise than as an act OF Justina0le
homicide, and would leave it TO mis- distln-
gulshed. successor to pursue the line OF argu-
ment he had marked ont, With more justice
to the prisoner and with greater aolnty IMAM
he was able TO do. as ,., s ~ ......H H.'.' '.
'...i' ARGUMENT OF COLONEL snAoNs, If ..... ,.
Colonel T. Y. slmons, of counsel for the de,
fence, then entered upon his argument, ana
said liz, devolved upon him to close the argu-
meGs for the prisoner; that this was no ldle
investigation-rhe stake at issue Is iiiei any
mistake on the part of the Jury can never De
recalled. IL the verdict should conslgn the
prisoner: to an ignominious doom. and SEND
his soul Into eternity. There Is no power on
earth that can recall such mistake. No
greater, responsibility can be put Into the
hapds:of man. by the result OF their vote IL
would be decided whether this prisoner
should be restored to the bosom of his faml-
ly or'whether he shall end hls lie on me puo-
lie galloys,J In order that such a1 sWlul re-
sulI should follow these proceedings, the
State must prove csse beyond all contro-
vsrsy. The prisoner has come from an'tncar-
cerasIon of five months. and put himself into
their hands, aud trusts his life TO their keep
Ing; puts Into their Keeping all that was dear
-ta,h him this side of ,the grave. He stated IN
"a csse ever. tried before this court
has, there been more prejudice throughout
the Community than In this case. He called
the attention of the jurors tn the empanelllng
ofIthe present Jury, how many there were out
OF the original venire, and how many among
those summoned from the bystanders, VINO,
when the question was propounded, answered
that theIr opinions were. already formed.
There can be- no higher evidence how lar one.
sided statements, the prejudice of passion and
the interest of parties have euoeaVoreo 10
mlsrepresent this case from beginning TO enc,
with'a view 10 bring shout the condemnstion
SsLo or hor
summoned from the bystanders was present,
ed, and 10 answer to the question said ne had
expressed an opinion, but ne could decide tne
case without bias or prejudice. he was re,
jected, and he approached one OF the cOunsel
and tells him IL was mistake not 10 nave put
him ID the Jury box. The next moment he
ia on the siand as witness for the state.
There can be no more satisfactory evidence
that 1t was the intention Of that man TO con-
yiot the prisoner at all hazards, but through
the ipslrumentality OF higher power tnis
nefarious design was frustrated. NOT 10 tnls
ALL AS has been before stated by the former
cotinsel for the defence, one OF the reporters
of al evening paper, established here about
fourteen DAYS ago, undertook to say TO Inc
public that we had selected and packed jury,
and that the court stood ready 10 oeey DIS
(counselh). nod: They headed, their article,
s.Woolf, the Murderer, =" and appealed 10 pubic
sentiment 10 lynch him, for trat Is the effect
OF the artfcre. It ID known 10 all present that
:he defence did not exhaust Its challenges;
that it,was.upon the motion Of the State and
NOT OF the defence to swear the jurors upon
theIr poif dire, and ordered to stand aside II
they had found or expressed any opinion 10
the case. And when e'editor OF this Journal
was questioned as 70 this publication, be said
he had received The Information from some
person, but would not disclose the name OF
That person. o-iI ,,.,". n u. ~ ). -. !.
ThecouuseLwent on to say that under these
adverse circumstances the case has come up for
tric.; all he asked was that eveIy man In that
jury box put himself In toe place OF the prls-
ouer that night when this difficulty took place.
and then say what he would expect jury OF
his Country TO do with him; for TO "Do unto
others as you would be done by,n, is Divine
precepk, There is q principle Of common
sense as well as law that every man is to be
presumed TO be innocent until his guilt is prov
en- beyond all doubt, and that no man is to be
convicted except upon testimony Impartial,
uncontradicted, undisputed. Counsel then In
q very searching. manner reviewed the testi-
Mony OF Vesey, Reid and aWilhers, and re.
ferred to tue conflict In their testimony before
the coroner's Jury aud upon the witness
stand. He then with force aud persplculty
examined principles Of law 10 favor Of The
theory Of the defence and applied them to
the ,lacta of the case, and having gone
through the whole testimony with
telling effect concluded his argument by
saying, "Gentlemen. leave the case Of the
prisoner 10 your hands, to your care. He has
selected you to pass upon this trial. You are
entrusted with all that he holds dear on earth
to lnnll Ia