The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-03-07

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esased called prisoner q d--d iisr nd - d-d
8 -An of G,b--h. Prisonor asked .h&.to 60 to
-ss6as. lie said he wanted tcpes sdtasssl s Z
proposed to go to the livery stable 20 buy 4 a.
We came up totho Post ofiicssnd parted. xeps
into the Court house and prisouer 70 bjs "a
AS was coming down Ne lpS( and walked 4
TO Spears q Cslton's siors Lid NOT kno Z
dsceAsed WI a the stor& I al ~ r. = 1
prisoner wos armed and jill ~ III ~
I. @. CnocKER. Saw deceased "a I67 y ~
ut that time. Deceased said prisoner had acted
the ID rascal and lie would have revenge
He said he would try him with his stick.
s. S. STOKES. Knew deceased. Saw him
Friday night before the difficulty. lie pulled
llout pistol and said that hit was going to do
harm and play tho devil in few days.
FLETCHER TINsLEy. Saw deceased before the
difficulty on Friday. He had pistol in tho
back pocket of his pantaloons. Do not remem-
bcr seeing deceased without q weapon.
Il. L. BRIGGs. Knew deceased. Saw him
Sunday, the day before he was shot. lie sail
he would burst prisoners head open with HIS
stick the next time he saw him.
8. NJ. RICE. Deceased was O very dangerous
character. lie always had arms. He had the
character of drawing deadly wear ons frequent
ly. Did not think him courageous man.
RoDr. RAY. Considered the deceased very
dangerous man.
CnAs. Bolt. Thought the deceased very
dangerous man. Any man he had q fuss with
would be in danger of his life. lie always went
| armed.
DIR, J. N. Moore. Considered deceased q
very dangerous man. He was quarrelsome,
usually carried arms and would use thenn..
JAMES GRANT. Deceased was rather rough
when drinking, and very 4uarrcsome. con-
sidered him dangerous when drunk, but q
pleasant man when sober
II. w. TINsLEY. Deceased was lame but moved
about very well. His iamcness, 1 don't think
would interfere with him in fight. Always
carried weapons and would use them.
l.. x. WALLACE. The prisoner is as peaceable
man as ever knew. have known him in
timately oil my life. knew his purpose before
| the difficulty. He advised with me before he
went to the deceased.
j. 7. HILL. The prisoners reputation is that
OF peaceahle, quiet and good man.
The testimony was closed late Tuesday after
noon. but out of respect for the venerable and
able Attorney for the Defendant, Hon. Judge
Munro, who was to make the opening argument,
but was too unwell to proceed then, the Court
adjourned to 10 o'clock Wednesday morning.
neA- We regret that in consequence of
the length of tho report of the trial and the
late hour Of its close before we could put it iu
tho hrnds of the printers, we are not able 10 give
our readers even synopsis Of ofthovesy,a able arr
gumcnts made to the jury by each one Of the
Attorneys engaged in II. We oan only; say that
the defence was conducted with consummsto
skill and ability, fully sustaining the high rep
utation heretofore so meritoriously enjoyed by
the venerable Judge Munro, J. II. Rion and
Wm Munro.
On the part of the State, Solicitor Ball made
the best effort, from the commencement of tho
trial 10 the close of his at lie argument, he ever
male in his life. While he fully realized tho
fact that the State did not seek victims at his
official hands, he did not fail to recognize that
rs one Of her sworn officers the State demanded
Of him to do his duty in vindicating the males
ty of her laws. The able and impartial charge
Of Judge Aldrich, which we publish, needs no
word from us. Its peaks its own commenda
| tion.
JUDGE ALDRIcn's CHANGE.
Murder is the unlawful killing of reasono
bic being. under the tee,ion Of the law, with
malice aforethonght. You will perceive that the
very essence OF this crime is malice, for without
malice there can be no murder. Tbis malice is
either express or implied. Express malice ia
where there is previous quarrel, or threats.
lying in wait, the character of the weapon used
&c. Implied malice is where thero in delbern
ton, or where one kills another suddenly with
out provocation the law implies malice, and
II is incumbent on the prisoner to show that no
malice was in his heart when he struck the ia
tai blow or fred the pistol shot. Tho old rule,
In cases of homicide, was. that the prisoner
mus: retreat to the wall before he is justified or
excused in using deadly weapon, and that is
the technical rule now, but in oil my experience
at the bar or on the bench have never known
Judge to charge or jury to require such a
forfeiture of manhood or exposure of life, for
in this age Of the pistol. when the large maiori.
ty OF men 60 armed, Is o pan to wait and re-
treat until the ball goes crushing through the
brain or the stick fcils him to the earthY The
instinct Of nature compels man TO use ALI the