The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-02-13
THE KILLING OF PERRIN.
THIRD DAP OF THE TRIAE OF q. I.
HOOLF. ro'"Ia. ~. III

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HOOLF -'"' ''A'..l ~: t,S: 'i"'
ray.l- s,s%: ,..fiayi .L:- - asr.Itas''rA3yIh
The Arguments or Counsel for the Pros
JSecution and Defence--Judge Graham's
,.Charge--Tife1 Jury FaH to Agree, by
Ten O'Clock at Night, and are Locked
up with OrdSfss 10 Renter . Seated
Verdsct. rJ'jT9'gf ,i3THohoG i'i'"s % 7ast
The trial Of Lafayette T. Woolf, for the mn;
der Of b. L. Perrin, was conlinped Yesterday
morning in the Court OF General Sessions. be.
fore Judge Graham. .. $50 :ger;T"*ni roFs
AL the Jurors having answered. to their
names, Mr.. Strohecker opened the argument
on the part Of the State, and said that The
prisoner stood charged with the hei1ous Of.
fence OF murder. He called attention to the
disadvantageous position the State was Id,
having 10 contend against the influence oYthe
presence of the prisoners wife and little ones,
while the prosecution had not even Q clod,of
earth from the grave Of the. deceased It ap5
peared to be the: theory Of The pdefeneei that
the deceased was The iaggressor, whereas
there Ia no doubt from the evidence thai the
reverse was the case. That the prisoner mot
only committed an assault but battery The
deceased resented the aactien Of the prisoner
by blow, which was proved to be OF the most
inslghiHcant character. It was further proved
that the difficulty was settled; and tho prisoner
expressed himself satisfied; and afterwards;
after coming out of the saloon, committed this
murderous assault, and expressed Ibis, iptau-
lion OF "killlng that man." while In the saloon,
and In the presence OF the proprietor. The
law distinctly says 1t is only necessary inor-
der to convict that the prisoner should ex-
hlbit spirit. intending mischief; and
counsel read quotations bearing. upon The
subject Of presumpllye and 10 expressed
malice That wherever malice existed
The law excuses no provocation for the
commission, a of the deed; malice; having
been expressed, the question then arose as TO-
same spirit Of malice when the fatal shot WIS
fired, and said tbls spirit must be presumed 70
have continued, quoting principles of law In
support of that position. Another argument
for the defence was that there, was aufhcent
psovooatIon for the deed. but no prov0cMion
can avail II 1t be sought for by hls owusctiH
shown by t6etestimony to have been the actlon;
OF The prisoner In this Instances. The COUNSEL
also remarked that In all, cases Of murderthefe
must be some. premedltaIion, and quoted pe8~
sages TO chow that premedilation may Pc
only for a moment, but that was long enough
In the eyes of the law to make the act a
deliberate one. He said In. or der TO excuse
deed of this kind the person must be .ln actual
ana Immediate danger 81 nis life, or Without
any time for reflection, and read DumefonB
QUOTA lions to eubstantlate That 1poaltionJi
Counsel then commented ,elaborstely upon
principles m previously recited. Hs then said,,
in conclusion, that there seemed to be an isa-'
preston abroad that no juries can be found Co.,
lind man guilty. while crime. IKE an cpl
demlc, stalked through the land. but he felt
| zens as now stood before him. would do their
duty conscientlously, and render q Yerdles
which would be impartial, and Influenced by
nothing but spirit of Justice. ~" :"
| ARGUMENT OF MAJOR =. L. BUIsT.''
| Mr.. Buist, one of defendants counsel, now
arose, auu prenceu uIs argum1uT7 IN rnoIuss
| lowing language: .,. -.s.sl,. l,i,i.
the jury: II, the prisoner be convicted; let
mony, and not upon the demerits or wrong
| actions OF another man or men In this COM
munity or any other country. We are willing
to admit all that is right and proper We DO
| rejoice thai this prosecution has been con-
ducled by gentleman OF another county,
/ HuQ du h6blblhut, WIZ udo cAulUitCu LuU w
most propriety in it, but while We are aware
OF this fact, we have seen, In. this case; dexeI-'
opments which make 1t one of the most ex-.
traordInary that has been tried In this court
| house. 30 jealous Is the law Of the life and
liberty of It's subjects that the State Of South
| Carolina, In her abundant wisdom, has order.
ed ils judiciary not 10 give you an opinion
upon the facts of case OF this kind, and they
will not 90 behind It. And then, gentlemen
of The jury, we see q newspaper, started;
a few days ago, Judging from the
articles that have been recently publlShed
in Its columns, to iDjure that man with his
| wife and three little children, and We see, 'be-
sides Lhat, witness for the prosecution, Q,
prominent, dangerous witness, getting upon
that stand, after having tried first TO get upon
| that jury ior q bad motive-I say it Is time
i that should make some general remarks 70,
you before I 60 into the facts and law Of this
case. There he stands, charged with mnr-
| arragnment plead .'not guilty." and. called
upon Almighty God and his country. Of which
country you are, to attest and defend bis inn0-
cence. The position you occupy as jurors IN
| this case, With all the surroundings OF this
court, Ia a sublime though solemn exhiblliQn
equality; thanks be to God, says the prtsoner
| al the bar. May is please your honor, there
is no jury of his peers; We are all peers. here,
and when we enler this court we are INSTRUCT
ed to take the sandals from our .ieet, be-
cause we stand upon holy and sacred ground!
This is the temple Of Justice, ln which.
the lofty end the humble, the rich and
the poor, will receive a calm, unbiased hear
Ing. We live In land of liberty, where the
harvest OF freedom was sown by the frugal
hand OF our forefathers. And as the Athep.
ians pointed to the splendid Acropolis with an
exulting pride because they believed there
was eDshrlned the palladium OF their safety
| 80 does this humble prisoner al the bar, IN
| this the day OF his adversity, IN this tne nour
of his greatest need, point TO you twelve
| gentlemen, who are to decide the momentous'
Suestion whether he shall live or die, with an.
enduring and aspiring hope that he is COM
mitted 10 those who understand their consul.
lullonal prerogatves and will give an atten1
| tive ear to the facts Of his case and decide.
Individually, with adamantine frmnesss
upon them. One Of our own blood, an.
imated by the same feelings, warmed 'by the
same passions, possessed otlthe same emotions
Rand hopes, with the same love OF family and
| home, stands before you with bis lie 10
| Jeopardy. One, under the influence Of divine
afaatus, once proclaimed these memorable
words: 30 God! It Is fearful thing to see, the
human soul take wing In any form, IN any
mood" And when announce 10 you, gen.
tlemen-and am going TO prove it--that the
prisoner at the bar, since this unfortunate ca
iamiry, has been more In dread OF the excite
ment of the occasion than the accumulateo,
one.sided testimony at the coronere luquesIi
L tbA