Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1880-03-11
COURT.


the defonce was begun by Col. Keith. Tho
development Of the case required tho cxami
nation of somo thirty or thirty-iivo witnesses
The eyidcncc was crcumstantial and, being
SO, was very voluminous. 1t was fino caso
Tor argument. Col. Keith exhibited his
power of logic monc in tho argument Of this
cause than any VIC have ever heard him dis
cuss Ills argument was about thrco hours
long. and kept the strict attention of tho
largest audience ever seen in tho Court room. .
| Col. John. B. Moore, Of Anderson followed
Col. Keith in an ab!o and eloquent speech,
on behalf of tho prisoners of two hours
length. Those gsntlomon broke down the
chain of circumstances and showed them not
J applicable to tho prisoners.
4, Solicitor Cothran followed in one of his
able arguments for the State. lie drew the
chain around and fastened it to the priso.
ners seemingly.
On Thursday morning Judge Thomson
charged tho jury in an ablo manner and in
| substance as follows:
There was no law in tho case. 1t was
case of murder Of the worst typo. Tho simple
question for the jury was, "Did tho prisoners
|
either in person or by aiding and abotting2"
| The jury were not to bo dctcrrod from doing
their duty from tho fear Of being accused of
sacrificing victim to nppcuso tho popular
demand for blood created by the late frequent
occurrence Of crime III II county noted for its
hitherto peace and order. Such was the
argument Of counsel, but il should not inilu-
cnce the performance Of their sworn duty.
The nnturo OF The defence Of an ulibi was
explained When this defence was set up
the burden OF proof was shifted from the
State upon him who sets up this uilirma-
tive fact. The jury should consider this
de'cncc iirst An allbi, If fully sustained by
credible testimony, was aa perfect defence
aud If thc jury SO considered the proof in
| this case thcy might return II verdict Of '.not
| guilty" as the prisoners wcro not omniprcs-
emf, and could hot have bocn at Bgyco's aud
fifteen miles away in Georgia at tho same
time. NutiI they should consider tho proor
Of an alibi insufficient, ,heu, while i, did not
follow that tho State had made out its case,
ana that tic prisoners were guilty, yet it
raised u presumption oc their guilt, or, at
!enst, that they had set M y false defence
which was an imposition on tho Court and
! iurv. and nil other dnicncrs or tos,.,,,n.,,
their behalf should be scrn t;nizo1 ~ n,or,
| c,osclv aud suv,,;,,;nrl, ~, c,..
not say, rs had been said by some writer's,
that an ''0libi was the last desperate resort or
;, y;,,.;, nhr, r,;,;,,. .,:r >. =,
throw ,)ouLt and srsn,o;,, ,n,., r 49,;
uc,s, c.sc Tho ,a,,,, ,,r o;.o,,.,. t,,',;,,
ev;dorco wos oyn,,;,oI ,g,.
,,o,,, o,,,,,y;,,,
tratcd nv Tho GmiIi,r nx.m,I, nc ~ NM.
NJ, ,rcos o,,,,l .no;,,,v. :,
IN err,nr.ofl,,l I,r
c,ond s,,n1inn .r,,,l -, aar.o ~, -
w;th ..no;ntors y 81, roi,,;n,, >, ~
n cen,re and no otcr. ara f,.,,,d ,,;,r ,,.a
,oir,;ne to o,y o,bor .roo a., ;,. :,
conclusi7c that his cc,,r,, ,rno : ,,,o ,o.,,o.
| If ono two or ,hrco or ,,,ro ,roo, .h,l, J..
found with marks no;ntino 10 500 o,,or
,,co os !, cortro l,rh, ,o,,I, -
thc corncr conlI ,o, Lo Ino,,o,, a. ~,
,s,.,,;,l ,;I m,,,
"''' ''I y,
'n0' ''''''' i"c's ~
p''"s '"o existence OF ono ana 'he
a"A'' ''o' "ic moro conclusive and nnaroida
n'o 10 'ne coh'ietioh that the fact is true.
Ns,'"' 'an'lar Illustration OF this kind OF
oS'aehce Is INC dream OF Joseph Of himself
~" n'c'h'eh re'Htcd IN tho Oid Testament
''''P,"'eS' lac ShcaVcS OF the eleven brcth-
i>,i "','' 'i'"c ""r'Sahce 10 OF
'"S"h Iicn'As'a"
go N''"c'''' . p.''''c"' 20 satisfy The m!Ad,
''"J J"''''S 'o'"'c' o. }SHlity. ':och has