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

proposed 10 go 10 tne livery stoOle 10 Duy mu4Ss
We came up ,othc Post Office and parted went
into the Court house and prisoner to his otice-
AS was coming down we met and walked down
to Spears & Colton,'s store. did not knov the
deceased was ia the store. I did not keov that
prisoner was armed and ihl not suspsct u.
T. G. CRoCKeR. Saw deceased on Saturday.
He asked me if had pistol. Prisoner passed
at that time. Deceased said prisoner had acted
the ID rascal and lie would have revenge
lie said he would try him with his stick.
s. 5. STOKES. Knew deceased. Saw him
Friday night before the difficulty. lie pulled
out pistol and said that hit was going to DO
harm and play tho devil in few days
FLETCHER TINsLEr. Saw deceased before the
difficulty on Friday. He had pistol in The
back pocket of his panaloons. Do not remem,
Der seeing deceased without weapon.
II. +. BRiGGs. Knew deceased. Saw him
Sunday, the day before he WAS shot. II said
he would burst prisoners head open with his
stick tho next time he saw him.
b. Nj. RICE. Deceased was q very dangerous
character. lie always had arms lilo had the
character of drawing deadly wear rons frequent
ly. Did not think him courageous man.
RoDr. RAY. Considered the deceased a very
dangerous man.
CmAs. BoLr. Thought the deceased n very
dangerous man. Any man he had u fuss with
would be in danger of his life. lie always went
armed.
DR., j. n. MooRE. Considered deceased q
very dangerous man. lie was quarrelsome,
usually carried arms and would use them
j SpI
when drinking, and very quarrcsone con-
sidered him dangerous when drunk, but o
pleasant man when sober.
L.. w. TINSLEY. Deceased was lame but moved
about very we'll. His iameness, | don't think
would interfere with him in fight. Always
carried weapons and would use them
L. Il. WALLACE. The prisoner is as penceablc
n man as ever knew. l have known him in
timatcly oil my life. knew his purpose before
the difficulty. lie advised with me before he
went to the deceased.
j. Il. HILL. The prisoners reputation is that
OF Pcaceable, 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 cpcning argument,
but was too unwel to proceed then, the Court
adjourned to 10 o clock Wednesday morning.
DsA- We regret that in consequence of
the length of the report of the trial and the
late hour CT its close before we could put it in
the h"nds of the printers, are not able 10 give
our readers even a synopsis Of the very able arr
gumcnts made to the jury by each one of the
Attorneys engaged in it. We can only say that
f1c tyos Fol ,v;t, y.
skill and ability, fully sustaining the high rep
utation heretofore so mcrtoriousy enjoyed by
the venerable Judge Munro, J. H. Rion and
VIM. Munro.
On the part of the State, Solicitor Bail made
the best effort, frorI the commencement of the
trial 10 the close of his allie argument he ever
male in his life. While he fully realized the
fact that the State did not seek victims ut his
official hands, he did not fail to recognize that
one Of her sworn officers the State demanded
of him to do his duty in vindica,ing 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 conmenda-
ton.
JUDGE ALDRICn's CHARGE.
Murder is the unlawful killing of n rcasona-
Wv 'e'"ts' "'t"Si 'ho NBteC'ioh oi inc law, Win
malice atorcthought. You will perceive that tho
very essence Of this crime is malice, for without
malice there can be no murler. This malice is
either express or implied. Express malice is
where there Is previous quarrel, or threats,
lying in wait, the character OF the weapon used,
&c. Implied malice is where there is dclibera-
tion, or where one kills another suddenly with
out provocaion the law implies malice and
il is incumbent on the prisoner to show that no
malice was in his heart when he struck the IA
| tai blow or fired the pistol shot. The old rule ,
In cases OF homicide, was, that the prisoner
| mus! retreat to the wall before he is justified or
excused in using u deadly weapon, and that is
the technical rule now, but in all my experience
at the bar or on the bench have never known
a Ju'lse to charge or jury to require such II
forfeiture of manhood or exposure of life; for
in this age Of the pistol, when the large majori-
| ty Of men go armed, is n man to wait and re-
! treat until the ball goes crushing through the
! brain or the stick fcls him to the earth? The
instinct Of nature compels a man to use all tho
means in his power to preserve that gift of Ged
the breath Of life.
| The law now makes il your exclusive duty 10
pass on the evidence. | am not permitted TO
! give you my own conclusions Of fact but mn "
be allowed TO call to your notice such facts as
| VIII enable you to arrive ut correct and ,ncr.