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


II. J. THOMSON. Saw the shooting. l was in
front of the Hotel, in the doorway. Deceased
came out of his door. Prisoner turned of. -
Saw deceased make toward prisoner, when he
shot him. No one had holl of deceased when
he was shot Nethers could not see deceased
insulting when drunk. lie always had his pis
tolls with him, and had that he said would
shoot | have seen him shoot it. l do not
think he liked prisoner. Deceased had been
my partner for two years or more. l was lao
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. lie went out
and i'll . or minutes after first fight heard the
shot. 1t is about thirty or thirty-hve steps from
my bar room to dcccascd's. When drinking de-
ceased was dangerous. lie always carried his
pistol and loaded stick which he could shoot.
Louis TEEMBLT. Deceased was u bad man
when drinking. Heard deceased say he would
kill prisoner some dny.
Il. A. TlSsLEr. Deceased was very trouble
some man when drinking. was town Marshal
last year. Deceased always went armed.
r. W. Tinsley, T. Nj. Whitcsidcs and John
Brandon, all corroboraled the testimony OF I.
\. 1inslcy.
ALFRED SHELL, cold. Heard deceased say
he intended to kill prisoner, two weeks before
deceased was killed.
Reply.
JASPER GIBDES, recalled. Saw prisoner about
three quarters of an hour before the shooting,
who told him he had had q Cat paving with de-
ceased.
N&rHERs recalled. Was standing against O
pillar of the Hotel and the difficulty
Thompson was not there. 1t was twenty minutes
between the two fights.
B. ID. CuLp. Have known deceased over
twenty years. lie was u troublesome but not a
dangerous man when drinking.
RopT. MACBETH, Sheriff. Known Pcake TWEEN
ty years. lie very annoying but not a
dangerous man when drunk. y quiet man
when sober The Town Council had had him
arrested several times.
join RoDGEE. Knew deceased well. Was Il
good citizen when sober, but troublesome though
not dangerous when drunk.
a. McNEACE, recalled. Saw the first. Pris-
oner had deceased down auu drew his pistol
| caught il aud said don't shoot. Deceased
o"iI I will You ngam." l did not see
Crockcr. lie did not help TO part them.
JruGE ALnErcu's CHARGE.
Again are you cailc,i Oh, i'll the discharge of
your high, important and solemn duty, to pass
upon the life and the death of fellow being
BUt You are not to let the Frequency of tins
charge influence Your judgments OF control your
rirdict. Each case must be decided on the evil
dencc alduccd and what is said by the witncs-
scs, examined III 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
countcnancc and general dcmeanor, who arc
most entitled To your confidence. and which of
then has had the best opportunity to witness
the transaction and, therefore, most likely to
give Il correct and accurate account. 1t does
not necessarily follow, because witnesses make
contradictory statements, that there is false
meaning, because each witness describes the
transaction from his standpoint and opportunity
to observe. Your province is TO reconcile these
cUntgadic IONS, and from all the mUny sift the
truth and do justice TO society and the Prisoner
1T the bar.
Now what is the narrative oi the tragedy =
Ii appears, ;hat the deceased when drunk was
u very annoying and provoking person; all the
witnesses agree lii this but many witnesses on
the part Of the defence coincide in saying
in:t he was dangerous man, when intuX-
icHtvI. lie was i'll the habit Of carving arms
Had male threats against the Prisoner. On the
- cd November, 1873, the deceased Mnl the
prisoner iict ~ svn, iii front Of Mr. Young :
store. I'm alteration took lace the deceased
! came up, he was drunk. II is in evidence that
he and the prisoner c!inchci aal the Icc,a,c
was thrown 10 TIA" grouId. The hrcca scI hal
used the most vulgar and opprobrio,is erithe,s,
blackcning in the most attrOciouS manner, the
character "ni memory Of the prisoners moth
u. nc lIISO!ltC Itt u plSlOl III ms naHu :;
says he hal been cut by the deceased, but
lie did not then use it. The deceased call
cd on byStandcr, to hold the prisoner un
Ill ac could get his pistol and blow his heart
out. The deceased went to his store aud the
Marshal Of the town locked him up there. The
prisoner went of and returned. When he cot
to the store of the deceased, the Marshal had
allowed him to get out the sidewalk and was
holding him against the wall !; hc had closed
knife in his hand. rhc prisoner came up did
not nass by, but stopped and shot The deceased
in the bowels, Of which wound he died.
Now, gciilcmcn, is this murder, manslaught eY
or sc,i-lCicucc?
As matter of las, charge you, that 40 words
jusin! Il !: w. much less Tie taking Of human
life. Dat Jur!cs, i'll the exercise OF their dis
cr1tion and, in mercy to the fralty OF human
noiurc, may and often do, consider such provo
cations and reduce the crime from murder to
laughter. There are some words, however,
much more aggrayaling than IL blow, which
when USE, excite such transport Of passion
as ,.clLroncs the judgment anl renders the
man incapable, Il; the time, Of listening 10 the
voice of reason.
l"ur first i"lTiry j.. was there any necessity
tor ;Hc prisoner, AT the time hc fired the pistol
Shri. - TAX" the life 81 the deceased d! Was he
in danger then, was lis life in peril. was there
Il necessity 10 take the life Of the diseased to
save III" self from some great bodily harm =
And IN this connection you will consider, why
did the prisoner return and shoot the deceased.
Here comes in the question. if you determine
that the prisoner would have been justified
had lac killed the deceased, in the first combat