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

were lawful. Conspiracy had not
becn provcd-couId not be proved
against tho prisoners and thcrc-
toro the crimo of ono or two, were
that crime oven murder, conld not
bc imputed to any but tho actual
perpetrators. But was the deed
done that night amurdcr? 1Io sub
mittcd TO tho jury that the prose
cution had failed to prove that Il
murder had boon committed. What
had the evidence shown? That the
colorcd men who had met ut the
church to watch and tako care Of
Osborne Rhodcs heard cries Of dis
Lrcss issuing from tho calaboose-
Immediately thereafter, two white
men camo riding towards them AT
an easy cantcr. Osborne Rhodes
was between them on foot. The
moon was shining. They could Gee
and be seen. Tho coIorc1 men
"gavo back" towards tho fence,
tho white mon came within
twenty steps from tho band
Of negroes. As to who fired
the first shot the testimony was
conflicting If the whiLo men fired
first, then the return volIcy Of the
negroes was ~justiiablo on the
ground Of sclf:dctcncc. If tho nc
gross fired first, it was for the jury
TO consider whether or not they did
50 to prevent q forciblo and afro
cious crime. The two white mon
had taken Osborne Rhodes out of
tho calabooso. This WAS u gricvous
offence and if, as the colored people
believed, these men were taking Os
borne Rhodes off to kill him or
drown him, it was for tho jury to
say how far their shooting at tho
white men was justiliablr rs being
done to prevent y forciblc and afro
cious crime. AS to
TIE ACCOMPLICES
John and Henry burton who had
confessed themselves guilty of the
crime charged: and by turning
States evidence had saved them
~sclvcs-thc jury wcrc to receive
their testimony with sober degree
of jealousy and caution. The tosti-
mony Of eccompliccs, was admissible
in evidence, but tho Court would
charge the jury not to rely upon it
unless confirmed and c~orroboratcd
by tho testimony of unimpcachablc
witnesses. II WAS unsafe TO con-
Wet on such testimony. In add
ton to this objection to their tcsti-
mony il had been proved by tho pro-
dnctlon Of the record Of conviction
of assault and battery with intent
to rape, that Henry Burton had
been in the State pc%nitcnLiary for
one year; and only lack Of timc pre-
vented similar proof from being
%procurcd TO show that John Burton
had been twice in . Georgia pcni,
Tertiary. Though not incapaci
tatcd IS witnesses the jury could
not consider these miscrcants rs
credible.
Tho above is the substance of
ST.. Benct's argument in defence OF
the prisoners. lilo closed it by OK
Ipressing his confidence in the intel
ligcncc and uprightncss Of the jury.
lie hoped no had convinced them
that according to tho plain and
strict rules Of right and justice he
and his colleagues in tho dcfensc
wcro entitled TO their verdict.
General McGowan
spoke last for the prisoners. He
made III earnest effort in their behalf,
and we regret that we arc not able to
report it in full. The following is but
Il mcagrc outline Of his argument.
He said that his young associates had
SO we'll covered tho whole ground,
that he thought it was unnecessary for
him to say anything, and he would not
do so, but for the extraordinary char
acter of the case. 1t was a heavy
responsibility to sit in Judgment upon
the life Of q frllow-bcing. The adj
ministrution Of the criminal law is tho
HIGHEST FUNCTION OF GOVERN
MENT.
He hal been appointed with others to
make the defence Of these prisoners.
He had Il duty to perform which he
hoped he would DO able to discharge
Without fear favor or affection. He
had never had occasion to defend a
IMAM for his life without feeling over
whelmed by II sense OF responsible
ty-by the fear he might do or say
something, which would affect the
great issue of life or death! That
sense of responsibility was greatly
increased in this case for instead of
one there were
TWELVE MEN ON TRIAL FOR LIFE.
It was still greater from the fact that
they are poor, ignorant, pcnniless,
misguided negroes, without u single
friend TO advise or meal to employ
counsel. 1t is tho proudest glory of
the law, that it protects the lowly and
humble as we'll rs the high and great.
the friendless negro, rs well
~ the p%roudcst a%ristOcrat Of the
land! The great III take caro- of
themselves, but it is especially the
poor and fricndless that need tho pro-
lection of the law.
lie said that the law was bcncfccnt
"A we'll as %just-tliat it protected AZ
well as punisllcd-timt one Of
TIE CARDINAL PRINCIPLES
OF the criminal law, WAS that every
man is presumed to be innocent until
the contrary is shown. That the pre-
sumption of innocence covers and
protects all, rs with q shield in their
sleeping as we'll rs waking hours.
When the State charges crime upon
any one. he cal rest securely under
that presumption Of innocence until
he is proved guilty. He who ai1irms
must prove, and III tho State charges
these pris,.:a"ra with murder, the State
must prove it or they 20 free.
The Indictment charges that
CLAYTON ALLEN WAS KILLED
on the night ofthc4th of December last
in the suburbs of Lowndcsyille, in
Abbcvillc County, and that all these
twelve prisoners Oh trial are guilty Of
this murdor, and must be hung for it.
The jury has the right TO render a
general verdict which involves not
only the decision of the facts, but also
the application Of the law as eXpound-
ed by tho Judge. The preliminary
nuocfiouc ora Has q homicide bepu