The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-10-27
INTERESTING CASE.
The Indictment Of Charles A. Nc
Chung and J. Campbell Martin for
the Murder of L. Pembr0Ok Guffin,
at Abbeyille, Sept, "a, 1850.
THURSDAY MORNING, October 81. lSS

~ IfUUSSAAASS SSP'S 10y
THURSDAY MORNING. October 81. 1850.
At ten O'Clock Deputy Sheriff j. II. Walker
came into the court room with the prisoners
Charles A. McClung and j. Campbell Martin,
who we're assigned seats within the railing
which separates the auditorium from that
part OF the room where the Court ana Officers
sit. AS they went up the steps n great thronS
OF spectators followed. Every bench was NIL
I'd nj d all the standing room was occupied;
The races were represented In ABOUT equaI
numbcrs-the whites sitting on the Seals on
the right OF the aisle as they passed IN, ana
The cofered people occupying the other SIDE;
We heard the remark that the court room mao
never been as full on any previous occasion.
1hc sheriff placed a guard at the hcaa OF o Inc
were admitted within, except the members OF
the Bar, jurymen, witnesses, oificers OF the
Court the parties interested In the case, ana q
very small number OF others. including mem
bcrs OF the press. About fifteen minutes alter
the arrival OF the prisoners, and the seating O.
the vast concourse Of people. present, his
Honor appeared and OCCUPIED the Juege = :
against Charles \. McClung and j.. Campbell
Martin is to be tried this morning"
Solicitor Cothran-The State Is ready, SIR.
Judge Mackey Are the defendants IN
sheriff DuPre-Thcy arc, but their counsel
Judge Mackey-Hsve them called. There
are no counsel OF record.
%TheSheriG thcreupon ordered the crier &c
call Messrs. Burt, Gary, Graydon ana Maelll
in q fe = minutes these gentlemen, ncconlPa
\. McClung. came into court, the Attorneys
Occupying chairs at the table on the left OF the
Court and Mr.. McClung sat Immediately IN
rear OF hem. SoiicItor cSthran S sat h On tnt
OF the deceased, near by. A number OF ladie.
and children, relatives Of Mr.. McClung sat
within the railing to witness the ordeal
through which the priSoners , n were re (, Wr =
Campbell Martin, was In court. when an
were seated and a GREATNESS silence prevailed
Mr.. Gary said-Thc counsel in this case ask
the Court to grant them fifteen minutes in
which to prepare some papers for considcra
ton by the Court.
Judge Mackey-The request is granted.
The counsel In thisc case, Messrs. Burt, Gary
Hn the left of the court. They returned after
d short absence, and occupied their seats al
h bar, when
agas nst Charles \. McClung and J. Campbell
Martin La TO be tried. Is the State ready to
proceed?
Solicit TOR Cothran-Yes, sir.
the work. 80,
Sir. Bdrt-If your Honor pleases, ! would
state that I was absent yesterday morning.
when the motion for postponement was maze:
NV friends inform me that the motion was
refused by you Honor, but with leave TO re.
new the molten I Is morning II we thought
Mt to do so. II am correctly informed. VIC
will, with yowe Honor's permission, renew
that motion. Does the Court grant US the
privilege OF renewing?
Judge Mackey-fcs, sir.
Mr.. Burt-I beg leave to submit
" AFFIDAvITS.
SrArE OF Souru C~Aeol1NA-CoUSrY OF ABBEvILLE.
Tn. State against C. a. McClung and J. c. Martin.
Indictment, fr Murder.
PERSONALLY appeared before Inc Ar,nistead Burt,
~ m AE-ttt E,-a-> y Gave. onI EltS n (rnvhnn
Counsel for the Defendants In above case, who being
Lulv sworn. say that the testimony Of K: d. Cade ID
material to support the defence OF the above named
Defendants, IS they are informed and believe. That
this motion is not intenoed for delay, bnt Is made
solely because they cannot 50 safely to trial without
such testimony.
That they hare made use Of due diligence to pro-
cure the testimony Of said witness as IS evidenced By
warrant hereto attached.
ARMrsTE VI Burr,
ID. II. MSGILL.
EUGENE IL. GARY,
. ELLIS g.. GRAfDoN.
Sworn before me October 81, lsSO.
o. T. CALHOUN. I. J. a. y.
STATE or South CARoLISA-Corsrr OF ABBEvtLlE
State Of South Carolina VS.. C. A. McCluns and ]
Campbell Martin.
Personally appeared before me Armistead Burt
David II. n gill, Eugene Il. Gary, and Ellis G. Gray
do3, counsel for the defendants who being duly
sworn, say. that from the high state OF excitement
and prejudice In the County against the defendants
they believe they cannot SAFELY go to trial at this
term Of the Court or In this County. That this ALI.
davit is not made for the purpose Of delay, but solely
because It is deemed necessary to secure . fair and
impartial trial Of the prisoners.
ARNIsrEAp BURT.
d. II. MAGiLL
EUGENE b. GARY.
ELLIS g. GRAYDoS.
Bworn before the octobe. 81, 1850.
O.. I. CALHOUN, 7. J. A. {.
Mr.. Burt, after concluding the reading OF
the above %affldavitS, said l have not the
means OF knowing the practice your Honor
has adopted in motions like this. l only
know the action which other Courts have
taken In similar cases. The case of Seegers
was transferred from Anderson to Greenville
for trial. We know Of numbers OF other cases
where motions OF this kind have been grant.
ed. have had a long experience in the Courts
and I have every confidence In the people OF
Abbeyille County, and a strong belief In the
purity and integrity Of the jurors who sit In
this court room. There are occasions however
when a community are transported into such
a state OF excitement that they are not fitted
for The trial OF cases Of grave Importance
Would your Honor pardon IL we ask your r.
consideration OF the motion Of the prisoners
s1unsel .b hney yae are IN fb q position snHho better ,. ts
They know the danger OF the present excite
snent and can feel in the atmosphere tn,
danger which IS invisible 10 others. 1t seem.
to me, may 1t please your Honor, that the dc
ference which the Bench has ever shown tt
the Bar will induce your Honor TO hear US OF
behalf OF our clients on this occasion in, Firs
u motion for a change OF venue, and second
falling IN the motion for a change Of venue
q motion for a postponement Is made.
Solicitor-I have very little to say If oppo
sition, TO the motion by the defendant coun
county a state Of public Indignation agains
the prisoners, 1t is because of the crime whicl
has been committed, and the Indignation i
10 more here than would be felt in any othe
npp,y orntfy V,hprp the fAptS fnlphf hacorp
known. Ifthis quiet community is transpor,
ed, as my friend suggests, 1t is because of
sense OF the commission OF the crime. I sc
no other reason for the existence of the fact
nre no personal considerations In the case.
am correct, the transport OF this com
munity rests upon the facts alone. 1 leav
your Honor to consider the motion for a con
tiuuance OF the case. l see no reason for d.
lay. II the jury are unduly infuenc
cd, and these prisoners are improperl
fSny,s y Honor n'S and '' Il your ea! H Rs grant" ere
there is a tribunal which may correc
cvcn your Honor's mistakes.
Mr. Burt-It your Honor will pardon, me
will say q word in reply. l would sugges
that hi forgets himself In his statemeni
You will do YOU duty, without reference {
any other tribunal or human being. I vii
moi say 1t was unkind but It was sophistica
community against our clients was cause
by some adequate reason. If We have satsIfie,
your Honor that an excited public feelin,
exists against the prisoners, whether justly O
not, it seems that we have done all that wa
necessary to meet your appreciation.
Judge Mackey-Send up the affidavits. Ha
the absent witness e bound over to Court
The afHdavitE are sent up,
Mr.. Carlyle oould not be found aftel
the fidav was made. We expected hin
here, but few daysago, he unexpectedly wen
TO Florida ut the request OF his Brother.
Judge M~ackcy-The case OF the State agains,
Charles A. McI1ung and J. Campbell Martir
charged with murder. has been set down 70,
rived. Tho learned counsel In behalf OF the
defendants moved, LIST, for a change OF We
nue.; and second. for . postponement Of the
trial, owing to the high state OF excitement
which pI eyails In the County where the Court
sits for B be trial OF the case. They believe
they cannot now safely go to trial in this
County. The motion for a change Of venue Ia
insufficient. l am not aware of any case
where n change OF venue has been made upon
afidavits OF counsel. Atrdavits arc generally
made by citizens OF the County, in which the
trial Is TO take place. that the public and tho
Jury arc unduly rr,judiccd against the priso'
nor. 1t has been held by the Circuit Bench
That motion 10 change Inc Venue must be