The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-05-09

oso6 uouOtep4Sy0o30 nfav6, his state.
nent1 austae peiyatvith many grsins
2t allowance. Another point. Wien
the time came Tor selecting q Jury. the
Rtosecunon, without cause, ordered gen
tlemen OF Intelligence and capable jurors
70 stand aside; and ,vhyP BeoARse they
wanted Jury to convict: they wanted to
ges come minion 81 their's upon the jury.
We have no objection To- the jury as COM
posed, bat speak OF this to show the
spirit in which the prosecution has been
was DONE, unless there was power be.
hind that was willing, and anxious to
wreak its hands'in Tapper's blood. After
referring to other discfepanoies in States
testimony, the counsel said:7 Gentlemen
OF the jury, We, as counsel, oan do little
Or no more for the prisoner Of the bar: we
leave him in your hanGsa and in the hands
OF. the court. When you took your oaths
q jurors, .you .banished all your prejn.
dices. You will hold the scales Of iuat..
ice with en- even hand. The State de-
nands That the law be executed with
truth. and: Justice; you must do Justice
and temper justice With leniency. We
sympathize. with the family OF the de-
ceased. We regret the tragic event that
hasfbsonght to them weeping and sor-
row. We can drop tear on the grave
OF the departed. But. gentlemen, while
We ~ mpathize with the dead, let us re-
member the living; they have a claim
upon our sympathy; they should share
IN our feelings; We must save them from
disgrace and ignominy. The great State
OF South Carolina does not want the
blood of any Of her citizens; in vintli-
eating her honor, you need not consien
one of her citizens to infamy.
Mr.. Leroy .F. Youmans, who had
conducted the examination of witnesses
on the part of the State, and had dis
played great ability In disuharRine his
unpleasant dQty, and who eeemed not 20
tire in his arduous labors, delivered the
ro4cluding argument. He beran by
saying this case is one Of importance to
tho prisoner at the bar; and ev5ry homi-
eide Is OF importance to the State. He
had hoped for restriction in the arpu-
ment, bat it had been otherwise, and he
Wonld, OF necessity, take q wide range
.of reply; The last counsel for the de-.
FENCE with zeal and perseverance,, ami
thadveSted upon the course that have
pursQed in this prosecution; 30 far AZ the
charge Of uufairness, quibbling or lack
Of generosity was intended for me, I
deny it temphatically and entirely. Aud T
will say lfar, the gentlemen associated
With me, that I have not seen any evi :.
dence of unfaiRness on their part. The
counsel bad ALSO taken OCCASION to ones.
'ton da1 propriety OF the State in secur-
Ing: B,e aefvioes Of additional counsel in
g9ndnSHn9 the prosecution. There is
no question Of ths right Of the Solicitor
to engage assistance in conducting
proeeeptiopj tae has the right in Law:
thP Hhtf gives It to him; he has il by
pfApedent The Solicitor is q gentleman
|youngin years. lin experience and In tie
but were ho Reverdy Johnson Of
h6sahbery, considering the proportions
the, Case hsss assumed, and the array OF
learned counsel displayed By the defence,
ae would be warrantedin securing addi-
tIb4htAi counsel. As 70 my feelings in the
Prosecution Of this case, have none; I
have none against the prisoner at the
bRr;1 have only my duty to discharge as
counsel tor the prosecution; and I shall
discharge It with just appreciation OF
the case and my relation SIT. Gehtls-
men, we have heard the bitter portion OF
the very bitter speech In reference to q
gentleman who had held the high posi-.
ttou OF Judge. I have never before
heard such diatribes against man Of
position as have been hurled against
Judge Melton here to-day; whilp the
card OF Montgomery's, which was his
means OF justification, had been decided
as inadmissible. Counsel went on to
show that Judge Melton had resigned his
Office OF Judge, for the purpose Of enter
ing actively into political campaign,
and as q candidate for another office.
which was political, not iadicial:
but at the earnest solicitation OF the 90.
lumbia bar, he again qualified as Judge;
and two members Of that bar have here
to-day denounced him in unlimited
terms. BE referred to the feeling Mont
gomery's card engendered, and that the
public were expecting difficulty. Tup-
per and Montgomery paradsd the streets
armed to the teeth; Topper had walked
his man past Melton and his great
friend, John D. Caldwell; and they had
done nothing;s but they have to stand
more than they hSve stood; Caldwell did
NOT urge IN attack q he urged Melton not
to make an attack tried to prevent him
from fighting; thisis the apimus Of the
two men-the prisoner and the deceased.
One boasts about his man; the other is a
paciacator. That is question of law;
the jury can only go on tho evidence nd.