The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-03-21

X. Deceased had been picking at me several
times. Marshal Wix caught him after I shot
him. =
II. ]. THOMSON. Saw the shooting. was in
front Of the Hotel, in the doorway. Deceased
came out of his door. Prisoner turned off,
Saw deceased make toward prisoner, when he
shot him. No one had hold Of deceased, when
he wss shot, Nethers could not see deceased
from where he stood. Deceased was rough and
insulting when drunk. lie always had his pis-
tolls with him, and had cane that he said would
shoot. I have seen him shoot it. do not
think he liked prisoner. Deceased had been
my partner for two years or more. was 140
feet from the parties when the shooting took
place.
RoBERT HARRIS. saw prisoner just getting
off deceased, at the first fight. Deceased got up
and went TO his bar room. Prisoner came into
my bar room and was bleeding. He went out,
and in s or minutes after first fight heard the
shot. 1t is about thirty or thirty-6ve steps from
my bar room to deceaseds. When drinking de-
ceased was dangerous. lie always carried his
pistol aad q loaded stick which he could shoot.
LOUIS TRENBLr. Deceased was n bad man
when drinking. Heard deceased say he would
kill prisoner some day.
Il. A. TiSsLEY. Deceased was very trouble
some man when drinking. l was town Marshal
last year. Deceased always went armed.
II. w. Tinsley, T. NJ. Whitesides and John
Brandon, oil corroborated the testimony Of I.
A. Tinsley.
ALrRED SHELL, cold. Heard deceased say
no intended to XIII prisoner, two weeks before
deceased was killed.
Reply.
JASPER GrBDEs, recalled. Saw prisoner about
three quarters of au hour before the shooting,
who told him he had had q cut paving with de-
ceased.
NsrHERs recalled. Was standing against Q
pillar Of the Hotel and saw the difficulty
IN hnnnn IA
between the two fights.
b. ID. CULP. Have known deceased over
twenty years. He was troublesome but not o
dangerous man when drinking.
RODT. MACBETH, Sheriff. known Peake tweu-
ty years. He was o very annoying but not
dangerous man when drunk. A quiet man
when sober The Town Council had had him
arrested several times.
JOHN RoDGER. Knew deceased we'll. Was q
good citizen when sober, but Troublesome though
not dangerous when drunk.
A. MCNEACE, recalled. Saw the first. Pris-
oner had deceased down and drew his pistol
| caught it and said don't shoot Deceased
e~;a-'1I will 900 you again" I did not see
Crocker. lie did not help to part them.
JUDGE ALDRicn's CHARGE
Again are you calloi on, in the discharge of
your high, important and solemn duty, to pass
upon the life aud the death of n fellow being
But you are not to let tho frequency of this
charge influence your judgments or control your
| rirdict. Each case must be decided on the evil
dence adduced and what is said by tho wtnes-
ses examined in your presence. As have had
occasion to instruct you before, the witnesses
are examined in this way, that you may Judge
from their manners, department, expression of
| countenance aud general dcmeanor, who are
most entitled to your confidence. and which of
them has had the best opportunity to witness
the transaction and, therefore, most likely to
nj Va n nY,I
not necessarily follow, because witnesses make
contradictory statements, that there is false
| meaning, because each witness describes the
transaction from his standpoint and OPT portuni,y
| to observe. Your province is to reconcile these
contradictions and from all the testimony sift the
truth and do justice to society and the Prisoner
! at the bar.
| Now what is the narrative of the tragedy p
| 1t appears, that the deceased, when drunk was
| very annoying and provoking person; oil the
witnesses agree in this but many witnesses OIL
| the part of the defence coincide in saying,
| that he was q dangerous man, when intox-
| icatel. lie was in the habit of carrying arms.
| Had made threats against the Prisoner. On the
| IL OF November, 1873, the deceased and the
prisoner met at wagon, in front of Mr.. Young's
store. An alteration took place. the deceased
| came up, he was drunk. 1t is in evidence that
| he and the prisoner clinched and the dccea ,ed
was thrown to the ground. The deceased had
used inc most vulgar anu opprobrious epithets,
| blackening in the most attrocious manner, the
| character and memory of the prisoners moth
| er The prisoner had pistol in his hand ::
| says hc had been cut by the deceased, but
| he did not then use 1t. The deceased call
ed on bystander, to hold the prisoner un.
I'll he could get his pistol and blow his heart
out. The deceased went to his store and the
Marshal Of the town locked him up there. The
prisoner went off and returned. When he got
to the store Of the deceased, the Marshal had
allowed him to get out on the sidewalk and was
holding him against the wall he had closed
knife in his hand. The prisoner came up, did
not pass by, but stopped and shot the deceased
in the bowels, of which wound he died.
| Now, gentlemen, is this murder, man slaughte er
| or self-defence?
AS matter Of law, charge you, that TO words
justify blow, much less the taking of human
life. But Juries, in the exercise of their dis
cretion and, in mercy to the frailty of human
nature, may and often do, consider such provo
cations and reduce the crime from murder to
manslaughter. There are some words, however,
much more aggravating than o blow, which
when usel, excite such transport of passion
as dethrones the judgment and renders the
man incapable, at the time, Of listening to the
voice of reason.
Your first inquiry is, was there any necessity
for the prisoner, at the time he fred the pistol
| shot, to take the life of the deceased ? Wns he
in danger then, was his life in peril was there
a necessity to take the life of the diseased, to
save himself from some great bodily harm p
And IA ttn.x an