Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1878-05-09
'Circ,lmstalt IayId,enc 3 s.

In Tho trial Of tho Frank lin murderers al
Abbeyille last yeek, there was en- extraore
dtnary case Of conviction upon circumsantlal
evidence. The charge Of Judge Mackoy to
the jury gives such olear summary of the
law and the evidence that we are convinced IL
will be read with interest by our readers.
Tho report is copiod from tho Abbeyille Press
and Banner:
Mr.. Ioremanand Gentlemen of the Jury:
The prisoners at the bar, JEFF David, Mary
David, John David and Wm. Butler, stand
| charged with murder. In this. that on Goth
day of December, 1877, in tho County Of
Abbovllo, thoy did feloniously kill and
murder George Franklin and Drusilla Frank
lin, then and thoro being in tho peace of tho
State. Murder is tho feloniously killing Of q
human being with malico aforethought.
Malioo is the wicked intent, and malice aforo.
thought 10 the deliberate and formed design.
Malice is either expressed or implied 1t is
Expressed whore tho aot is ono which in it's
nature must have been deliberately performed,
guoh as killing by waylaying or by poison.
Tho argument Of tho learned counsel, Messrs.
w. @. Bonct and S. G. Cason. who represent
the prisoners, and of the learned Solicitor on
behalf Of tho State, j. S. Cothran, Esq, was
worthy Of tho cause, and tho cause is not
unworthy of tho argument, for moro than
one human life is poised upon tho balance.
The evidence is circumstantial or prcsump.
tive. 1t differs from positive or direct cvi.
dence in tl,is--that tho latter consists Of
proof furnished by tho oye witnesses Of tho
decd, while tho formcr consists of those
proved facts and circumstances which, bcing
aggregated and Judged by those rules aud
motives that usually influence human conduct,
point to tho guilty party whore positive proof
cannot DO furnished. There may bo circum
stances proved by tho testimony of credible
witnesses which reflect the form and face Of
the guilty as in mirror, and which enable
thc Judgment to rcposo in tho firm convicl
tion that the true criminal has been revealed.
In the commission Of secret crimes the
his bloody work and passed away from tho
soone Of his guilty action like IN arrow shot
from tho bow into tho dir, leaving no path
behind, Yct it has often happened That along
his trail tho discerning eyo has seen evidences
that point unorringly to his guilt.
Circumstantial evidence furnishes safe
and sure foundation upon which vordict
may reposo only, howepor, whom it con stand
Ao judicial test. In tho history of celebrated
trials, embracing many thousand cases, but
sixteen arc recorded in which innocent per.
sons have been convicted upon oircumstantial
evidence, and in eYory one of these cases tho
'vordtct Of the jurysewas influenced by the
opinion Of tho court expressed upon the facts,
and in not one of thcm would tho evidence
have stood the test now required by enlght-
ened judges. The chain of circumstantiul
evidence must be tested rs you would tost
chain of iron-by tho strength of the woakcst
link: The proven facts and circumstances
must envelope the accused with on unbrokon
circle of guilty Incidents so as to exclude
every reasonable hypothesis of his innocence.
They must attachto tho accused sucn badges
Of guilt as in the very nature OF things could
not attach themselves to nm innocent man.
The judging Of the circumstances as proved,
the constant inquiry Of the jury must be not,
is the accused guilty, but may BIO not be
innocent2 If this lust question. aftor q. full
review of,all the evidence, is answered in the
affirmative, there must be verdict Of not
guilty.
You constitute trbuna! Of .wolvo judges
who are alone empowered to judge Of the
facts. The court declares tho law, but cannot
enter upon the domain of fact which the
Constitution of tho State declares shall bo tho
sole province Of. the jury. Mr.. Foreinan and
gentlcman' of tho jury, you aro' not to DO
governed by your sympathies or yonr proju-
dico in forming, your Judgment in this case.
We havo heard from early morning until now,
in the still watches of tho night, al the
ghastly details Of this most foul and unnatural
murder. Hero before you is the club with
which tho deed of blopd was done. The
stains of blood aro yet upon it, and tho white
hairs of it's victims are still clinging to its
rough bark.
An aged man, with his sistor. living in n
solitary farm house. far distant FROM their
nearest noighbor, were slain at nightfall,
whilo sitting at their evening meal, he falling
near tlro table where he sht, and sho in the
adjacent room. to which she had fed. after
she had received q blow which had sprinklcd
with her blood tho tablccloth opposite her seat.
They wore brother and sister, apparently
possessed with On ample fortune, consisting
chiefly Of monoy, which they kept upon the
premises. In the ordor of nuture they would
soon have passed away from earth, for the
blossoms of the grave Lung white upon their
aged temples. Sho was apparently tho last
victim, for, followed swift in hor Gig!:. By tho
murderer in hor unavailing effort to escape,
sho left tho prints of her hands, which were
covered with her own Blood upon tho white
curtain, which, with woman's decent taste,
she had hung to keep the sunlight from her
chamber. They appeared to have trusted
greatly in The laws Of their country, for thore
! was mother bolt nor bar upon their doors to
| keep the red.handed murderer from entering,
and their treasures were kept bonoath their
own roof.
Were 80 guided by sympathy, you, gentle
mon of tho jury, and tho learned counselors
who attend tho court, would not be hero as
scmblcd at this hour, which nature dedicatos
to needed repose. engaged in patiently listen-
| ing to tho testimony and carefully considering
| tho facts in evidence, but we should be afleld
upon the highways and in the forests, search
ing out tho docrs of this bloody deed, that
swift vengeance might bo inflicted upon them.
But this is court Of law. and you are sworn
that you will true verdict give according to
the evidence. You must judge the evidence
in tho light Of tho law. The prisoners are
entitled to tho benefit of every reasonable
doubt. Whom the mind'is still inqniring and
the balance of tho Judgment wavors and is