The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-10-27

State Aforesaid. In and upon one Lawrence P. Gufin
In the peace Of God ami or the said State, then and
there being, frlopiously, wilfully and Of his malice
afurcthoueht. did make an assault and TINT tho saln
do lars then and there charged with ,sunpnwdrr and
lcadcn bullets, which pistol he, the said Charles
A.. McClung in ais right hihd, then and there
Ind and held to, against and upon the said Law,
renee z. Guilin then aud there frloniously, wilinlly Gil"
Of his malice o furethought and shoot and ~dischaIIs
md that the said tharl' 8 a. McClung with the lradrn
bullets aforesaid then and their by f"rce OF the gun,
powder afm etaid shot forth rs aforesaid by the said
Charles A. Mctlung then aid their f.lnniously .w'lluiy
and Of his malice nfnrrthoUght did strike penetrate ami
wound him the said Lawrence p. Gnhln 10 aud Lul'"n
the left breast und right temple 81 him the raid Law.
renee 7. Gulfin. r.ing to him the raid Lawrence r..
Gufiu then and there with tho leadcn bullets aforesaid
", AS aforesaid shot, discharged and echt forth out ~
the pistol aforesaid by the said Charles A. acClung
In ind upon the lett breast and right temple OF hun
the said Lawrence 7. Gu!fn divers mortnl wou"ds0 OF
which sxid mortal wounds tbs said Lawrence =.
| Gutin did then and there instantly die. And 70 the
| Jurors aforesaid upon their oa,hs nfuresail do say that
The said Charles A. McClung him the said | lawrence
p. Gunsn in manner aud form aforesaid feluhio'tsly
| wilfully and Of his malice nforethought did kill aud
murd-r-contrary to tho form Of the Statute In such
case ,nadc and provided and against the peace aud
dignity uf the said State. >,
And the Jurors aforesaid upon their osths aiurcssid
do further present that ]. Campbell Martin late OF the
county md State aforesaid before the said felony ami
murder was committed IN form aforesaid to wit on
the twenty seventh day Of September In the year Of
our Lord one thousand eight hundred and eighty with
force and arms at Abbeville Court House in the county
and State aforesaid was accessory tlicrrt" before the
fact and did feloniOnsly and inalict"usly fncite, move,
procure and counsel him and command the said Charles
A.. McClung 10 do and summit the felony and murder
aforesaid In manner and form uforcsaid-contrary to
the form of til. statute In such case made and rIovid.
cd and against the peace and dignity Of the said State.
And the Jurors Aforesaid upon their Oalhs aforesaid do
further present that j, Campbell Martin late Of tho
county and State afor, said we'll knowing Charles A.
McClung to have done and committed and p%erpetrat-
ell the fcl nv and murder in manner and foruI aforesaid
Afterwards to wit on tho twenty-srventh day Of Sep
TENDER in the year OF our Lord one thousand eight
hundred and eighty with force and arms At Abberille
Court House In the o'unty and State aforesaid was
was accessory thereto and him the said Charles A.
McClung did then and there ieloniously receive, har.
bort comfort, conceal, maintain. and assist contrary to
the form Of the Statute In such case made and provid.
ed and against the peace and dignity OF the said
State. j. s. COCHRAN, Solicitor.
DIRECTIONS OF THE COURT.
Judge Mackey-The jurors not empaneled
in the trial of this case will be excused from
further attendance upon the Court. Gentle
men. you have discharged your duty impair
Each man has been governed by the cause
and not by his condition. 1t Is to be hoped
that we may always have such Jurors In this
court room.
NJ VI W lux SouiiHSt hlIA W Nv
jury which had just been empanelcd In the
case.
Judge Mackey said-The jury will not be
siI1I Se,l to d, Sspar ate ,r Menls must ~ th be P PRAY T.
will be the duty Of the Sheriff TO attend to
this matter. During the recess the room will
be cleared Of oil persons, and the jury must
remain within the railing.
Sheriff DuPre-Does your order To clear the
room. include the Sheriff and his deputies ?
Judge Mackey-It does; The Sheriff or ono
OF his deputies must lock the door, and take
a position on the outside OF the door, and see
that no one Is allowed to communicate with
the jury in any way.
Nj. Graydon-I would move. your Honor,
progress OF this case all the witnesses except
the one who may be on the stAad.
UP THE WITNESSES.
Judge Mackey-I think the motion q proper
one. The witnesses might be locked up in
the jury room. II is convenient, and the
witnesses II kept there could be brought into
Court without delay.
MIR. G%raydon-I would move as Mr.. W. G.
MCGOWAN is a lawyer at tho bar, that nm e1-
ccption BIO made In his case.
exception be also made In the case of experts.
Mr.. Graydon-A question hos arisen. What
shall DO done when experts know other facts
'n Jud saq Mae eRes .tri'ay viii II BE- sH Excluded under
the motion, unless they remain by consent.
Solicitor Coihran-I move TO make the rule
absolute except In the case OF Mr.. VIC. Nc
Mr.. Grnydon-Wc have agreed to allow Drs.
Gary, Mcbride and Marshall, to rcmnin In the
court room regardless OF whatever they may
| have to testify.
Judge Mackey-The prisoners will take seats
In front, on the assembling Of the Court after
recess, In order that the Jury may see their
faces.
as follows. They will come forward as their
names arc called.
Judge Mackey-As they come forward the
Sheriff will conduct them into the jury room.
Levi Levy, ]. S. Wilson, A. w. Jones, G. A.
your Honor, Mr.. shillito is one Of the town
marshals. and 1t might be we'll enough to
make an exception in his case. l think itnot
necessary 10 lock him up. He may be need
ed on the street.
Andrew Kelley, L. X. Bowie, George Muir
MIR. Kirby is also a marshal Of the town:
The same reason for making an exception OF
Mr.. Shillito will applyto Mr.. Kirby.
WITNESSES o II DE LocKED Up.
Judge Mackey-Lct the marshals stand ur.
By order Of the Court witnesses nre excluded
case. owing to the fact that you are the mar
shals OF the Town " u will not be locked up.
You can remain on the street but within hear
enter this building unless you are called:
Solicitor northumberland Hodges. Peter
Paisley, w. A.. Ianier, Albert Marlborough,
John johnson, DR.. Mcbride. DIR. Mcbride Will
remain where he Is.
Solicitor C~othran-May 1t please your Hon.
or, l do not know what will be the line taken
by defence, and OF course 1t would be improp-
or TO ask my adversaries to disclose 1t, but l
would like to know of your Honor II the de-
fence should offer testimony as TO the charac-
ter OF deceased tor violence whether their
witnesses as TO that point should tie cxclud-
ed from the court room.
Mr., Gary-May 1t please your Honor. 1t
is a poor rule that will not work 10Th ways,
and If the witnesses for the defence are to be
excluded. I think the witnesses for the State
should be excluded also.
Judge Mackey-1t IL not the practice to OK
clude witnesses rs to character on either side.
That TX supposed to be known by the commu-
nifty at large. All witnesses rs to character
for the State Us well as for the defence will be
allowed to testify without being excluded
from the court room.