The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-01-17

SCCltllty VI IIlC Al1o PloPCkGJ W. WI
lives at least are all upon trial here
now. Are you sufficient? Can you
of this cup? Or are its contents
too bitter for you? If so, notwitll-
your convictions TINT the
prisoners are guilty, ac1uit them, but
remember in doing so if you are salts
fled of their guilt, that you leave this
Court room after such a verdict, not
only perjured, but with the assurance
that neither you nor any of yours Will
ever sit here again to try O case like
this. If black men are to acquit
blnck men because they ore black. and
if white men are to acquit white men
because they are white, then I solemn
ly assert, that the administration of
Justice is q mockery, this Court House
will be closed, the officers Of the law
will retire from its portals, the deluge
will indeed have come and
ALL WILL BE CHAOS,
The people of this County have for
borne to resort to desperate measures,
relying upon the law. The presence
of these prisoners here for trial after
having 6nen taken to ar adjoining
County for greater security, is the
highest evidence Of that forbearance,
of thatwillingness to look for redress
to the law and to tho law alone. That
forLearance, that consideration, that
mercy, were not shown to Clayton
Allen, on the night of the 4th of De-
ocmber last, when his young life WAS
ruthlessly extinguished by the hands
of these prisoners, and his soul hurried
into the presence of his God, without
even o note of warming. But counsel
say that be was violating the law
Violating tho law! So were they ; and
if he were, who made these miserable
creatures his executioners? I have no
feeling in this matter except such as
is warranted by the atrocious crime
that has been committed. The State
whose right Uphold and represent, is
all abstraction and can have no feeling
in this case. have cndeavored to dis
charge my duty with, l trust, q due
sense of my responsible position as a
prosecuting officer. That duty or my
part is done; see to it now that you DO
yours"
At the Conclusion of the Argument,
and before the Judge charged the Ju-
ry, General MCGOWAN rose and ask
oil his Honor to charge certain points
of law. The Solicitor did the samo
The Judge replied that he would
charge gcnerally-without combining
himself to the requests made, but he
believed is"charge would cover all
the points.
The Court Delivers its Charge.
Gentlemen of the Jerry:
Gentlemen of the Jury, this case
has produced considerable excitement.
No case tried in this County perhaps
has created more exercise Of mind and
feeling during the last fifty years.
And it has incidentally come to the car
of the Court, that the manner in
which counsel, appointed by the
Court, to manage the case of the pris-
oncrs, has created considerable feeling
against them. Having watched the
entire proceedings closely, 1 am some
what surprised at this information.
In the. judgment of the Court,
Gen. McGowan, and the three younger
members of the bar associated will,
him for the defence, have simply
donc their whole duty by they prison:
crs. And had they stopped short OF
tho able, manly, and complete de:
fence made by them, the Court would
have felt that it had not discharged its
duty in assigning the prisoners couli.
sci.
You have been selected by the pris-
Oncrs at the Bar to pass upOn .theii
death or their life. And it is proper
that the Court should define your duty
in tho premises. While the Court is
the Judge Of the law, and is charged
with the duty of cxpounding it as up.
plicable to this case; 1t is your pro-
vince to judge of the facts-the evil
dence-with n view to seeing whether
or not the evidence bring the prison
els within tho meaning of the law as
given YOU by the Court. In this case
the facts are conllicting-it is your
province, 10 reconcile all conflicting
testimony. And just here let me Say
to you, that in reconciling conflicting
testimony you arc not bound under
your oath to regard the testimony OF
any witness or number of witnesses
in making up your verdict, simply be-
CAUSE he, she or they have been sworn
and given evidence, you arc only
bound to give weight and credence to
his OF their testimony upon believing
that it is reasonably truthful.
Before proceeding to give you the
law of this case, 1 cannot forbear to
condemn in most serious terms, the
act of certain parties who without au-
thority Of law sought TO release and
spirit away one Rhodes who was con
fined in the calaboose ut Lowndesville.
This act was clearly in violation OF
the law, and deserves and must meet
the hearty condemnation Of all good
and law abiding citizens.
1t is equally apparent that the pris-
oners whose apprehensions, were
either justly or unjustly aroused rs to
the safety of Rhodes. did not avail
themselves of the peaceful remedies
of the law, to effect his safety, but
were disposed to act otherwise, and to
take the law into their W hands.
Both observation and experience lead
me to believe, that there is O general
disposition existing among the color
cd people to interfere with, and re-
lease if possible any one of their color
who may by bad or criminal conduct
fall into tho hands of the officer of
the law o disposition to obstruct the
process Of the law. And my expert
encc upon the Bench is that at least
one fourth Of the cases that reach this
Court for adjudication originated
or grew out Of such illegal
Interference with tho officers Of
the law. 1t is high timo that
they should know that such con-
duct on their part will not be tolcrnt-
ed. That the law must be magniticd.
And such unlawful acts bring trouble
and prosecutions to their doors. No
good citizen will resist the officer of
tho law in the performance of his du-
ty. And until u mere boy of ten years
ran go and arrest offenders against the
laws, and non dare resist or oDstruc-
him in so doing. peace. good order
and prosperity will never bless us 1t
q people. l trust that all of our peo-
pie will learn from the sad result Of
this wrongful interference and OBJ
struction to the law, tho Importance
of submitting themselves to its re-
quirements.
Gentlemen of tho Jury tho prison.
crs at tho Bar are charged with the
crime Of murder, and much evidence
has been given TO establish the fact of
the existence Of a conspiracy OH the
part of the prisoners to kill and muir
der.
Murder is tho killing of a human
being in The peace of God, with NAL