The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-08-24

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Afidav,its from r, ]. Butler, Charles
F. Wurnburger, Nina and Eda Lipfeld,
B.iLip6eld, b. Lipfeld. John Shaw, w.
w. Woodward, R.. J.,; Nc, and ]. T.
Butler, James Smith,, Stephen Ashton,
NJ. A. Ransom, E. E. Jefferson, R. A.
Chafce and J. W. Hdckabee, proving
alibis in the cases of alithose charged
specifically. with the crime of murder,
and most of those charged with being
aiders and abettors.
o. Gen. Gary here stated that the peti-
tioners. would close their evidence, reserv-
ing to themselves the right to put in a
general. denial of the. others charged with
completely in the matter Of being present
or aiding and abetting in any way the
killing of the negroes! ia III
l.'r ATToRNEY-GENERAL STONE
then read the testimony taken before the
;coroners jury of inquest, which occupied
the court for nearly two hours AT the
close of the reading of this testimony,
the gist of which has already been pub
lished, Judge Maher desired to know if
counsel were desirous of making argu-
ment. .u, ait y i,-oif' ~ .Hl
The, encouragement stated that, if
the Court Lad formed its opinion from
the testimony, he Gid moi. see the necessi-
.ty of argument. l.i'ja fH ;"''.''
Judge Maher stated that from. the
reading of the testimony he had virtually
decided the question of bail. This did
not touch the merits of the case, and un-
less counsel we're particularly desir-
ous of making argument, he was not par
ticularly desirous-ofhearing them. Ar
,gg%egt therefore # Op PHathh PHthh Sidesii YYfs
FALSE EVIDENCE EXPOSED.
rs6ersButier then IeaIed ,tgpgywarn,
in order to make a statement relative to
the testimony taken before the jury Of
inquest. Gel.' Butler was sEpceordipgly
sworn, and made the following state
mont: One of these Witnesses, named
Augustus Robinson, testifes to number
of 6onyersatipps, with me- and T desire to
state that if I said d word to him 1 have
no recollection of-it-whatsoever. may
have bowed TO him, but posm9re. These
alleged conversations L pronounce to be
unqualifedly, utterly and unequivocally
false. The statement of Gardner, that I
requested to have the use of the Council
Chamber, ,,is also utterly false / He
wanted me to go to the Council Chamber
and have conference, and, i went there
with. him and had. a. tslkdinI the most
peaceful way. John Frier stated that l
was at the ring where the prisoners were
shot. II state upon my solemn oath that
when this was done | was within IlD0
yards of Mr.. Robert Butler.'s house I
state this to show the character Of this
evidence. i would .Iassure your Honor,
feel the deepest humility in being placed
In this position, if 1 did not observe, in
thewhole proceeding thep potent anxietyto
throw to the country this evidence before
it had even been Submitted to a court OF
Justice. The aHdagits which, we1haye
collected have been shown, to none until
presented to. this, court, ,1exeept in gly inI
.dividual, affidavit, which, ! deemed it my
duty to myself and, fiends,to make pub
lie. Such testimony as that read by the
attorneyigenetal your Honor, is an! out
rage, upon the people whereiI reside /;
the whole is done for political effect, and
nothing else. I am here with my friends,
the best men in the State, ito abide BY
the, laws of this. country We have not
shirked our duty, and We only ask, some
semblance of fairness in the ma-aer OF
conducting this proseoution;o 'Theyt ythaye
brought. afdayits from men who have
lwillfally and deliberately!pe them!
selves, aud they have used this testimony
for the purpose. of bringing down odium
upon honorable men,. IL thought it my
duty to myself and my friends to make
this statement, and j here repeat, under
q solemn oath, that the whole statement
generally, as presented in;uthe inquest
testimony, is false, unfeignedly, unquali-
fedly and unequivocally false; --.'i"i'
ioilcn, qi! JUDGE MAHERnie; ;,1oaopD
then said that the only question before
him then was whether the ACCUSED par
ties should be admitted to bail to answer
to such charges as the grand jury might
prefer against them. IfitIIco9lld1 always
be a matter IF perfect assurance that d
party charged With any offence would Be
sure Of coming to trial the law would not
allow imprisonment, for q day; Ihe1law
'pre,ssuu1mres d man innocent Until lie is
proved innocent. The constitution Of
The State as I understand it IL to the ell
feet that p, lies shall, before conviction
be enlarged on good and sufficient bail
except in capital cases, where the proof
is Is Evident Or the presumption great;227
Cooking at the evidence before me, ]
cannot see that such is the case. Even
where the presumption is,great there is
a! constitutional provision that allows %
discretion to the court. Wherever tile
court is assured that the parties accused
viii Come forward and answer the fndict-
ment against them the cguft shall; IL its
discretion, grant bail, fot the spirit Of the
law reauires that no man shall beimpTis-
onsd without good cause. There IS ito
doubt in nny mind that all 6fa these par
ties will, Come forward; as they have done
to-day I think it. proper, therefore, that
these men should be enlarged upon giY-
ing bond for their appearance. The only
question now is as to the amount Of
bail. .i... -. - -, =.
p, ,,,,a;,,.: FIXING THE BAIL.
The encouragement thought that as
there was. so many different degrees in
the alleged crimes,' the bailIshould vary
and be considered, that from, ten to five
Thousand dollars each would be sufficient
depending, of course, uponrthe means
Of the party He thought that there
were some Of fthe accused in which bond
of one thousand dollars would be sufi-
cient. .ri,c.f'oi.1." io g1i'..rf 'dl
General Gary held that under the con-
stitution ofthe State, bail should not be
excessive. The people were very poor,
and such bail as The attorney-general
demanded was virtually to imprison the
men. 81 =, i.a-miha .1d' 10; .seT
Major Gary called the attention Of the
court to the fact that the bail would all
have IN he raiseffrin one section. and in