The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-10-27
Arpume. of f.. b. Gary. ESQ.

May u pledsc the Court: AS we Will contend
McCluny in self defense l would respectfully
call your attention to the case OF the state VS..
McGreer, lately decided by our Supreme Court
In which It u held that II o person really be.
lieves himself In danger Of losing his life or
of great bodily harm, and the circumstances
Justify this conclusion he ID allowed to de fend
himself even by taking life. although there
was no actual danger. l would also call your
attention to Selfridge's case which IL similar
to the present che III several respects, viz: the
manner Of the attack, the weapon used, to the
range OF the bullet.
i Shall not dctaln the Court by discussing
Witch are 50 familiar to the Court.
Col. Curry then turned to the jury and sold :
Gentlemen Of The Jury: This Is indeed a sol
ress sgS on mt me Of preventing the taets for your
consideration and assisting you to cone 10 a
correct verdict.
The large crowd which hos been in constant
trial admonishes you Of the deep excitement
and Interest with which the result OF the trial
IS watched.
I am glad to see on this jury men from the
country, for Abbeville Court House, the place
Of the homicide, has not yet recovered from
| the shock, and their minus are still wrought
! up by the sight OF the blood which has hardly
dried, before We arc forced into trial against
doubt have seen. Let me too, caution you not
to allow political considerations 10 enter into
your verdict; OF coursoyou would not Know
ingiy do SO, but uncOnsclousIy these consider
erations. l have been palned to learn thnt re-
spectacle citizens in this place have made use
vi The argument that they should be convict.
I'd TO insure Democratic success. lheTe.,pon
His Honor remark ed that the learned coun-
selor would answer q rule after tho recess 10
show cause for mentioning politics, when II
hud not been put IN evidence. Col. Gary turli-
cd to His Honor, made q polite bow, thon
,r,,a al n thu ft,r4y "a nnI SfnfItnUlv QAin-
Well gentlemen | will proceed 10 u more Inn
portaut part Of the case.l l shall attempt 10
give In few words y history Of this case as
shown BY the evidence. On The morning OF
TO ALbeviile bringing with him his vile and
ter arriving he went on Washington street
While iieI passing behind the stores on washing.
ton street, lie In rather q playful manner
struck q negro. who was painting a wagon,
whereupon the negro became incensed anu
insultcd him. Martin then went into Nor
wood s store and got u pistol; he had come to
town unarmed; about II O'Clock Martin met
L p. Guttin; tney converted and drank togetn.
eT, they were even So friendly that Martin sat
CA. McClung left home on the 9th Of Sept
ember, not expecting to come " Abbeyille; he
TOO Left home without bis pistol. McClung
took lunch al Mrs. Miller's o mile and three.
aa! Sa5clEis and nnG'W walked iped to !. Hbbeviiie, getting here
about II. After one o'clock Martin was max.
ing preparations for o chicken fight, and a.
! this time Laug Goolsby saw McClung and told
had frequently heeled for Martin, Marlin
sent word for McClung to come to him: NC
Chung did SO, and they went TO the stable 70
have the chicken fight. While at the stable
McClung heeled Martins chicken. and utter
tying OH the gaff q piece OF string was hang.
Ing down. McClung tried to cut IL with q dull
knife but could not do soand asked Il. II; Nor
woo for his scissors, whe,eupon Gntnn TO
marked, here is 9 knife az sharp us an scis-
sors. McClung handed the knife 70 Martin,
and the person heeling the other chicken an
nounced that they were ready. The chickcns
fought. After the chicken nght Martin 9lo
not zee Gutin and gave the knife to Goolsby
to give to Norwood for Guff1n. Shorty aiter
his there was another chicken fight, but It Is
not certain that Gut1n was present. Martin
each ones loss being two dollars ana q hall:
Martin had furnished them money. After the
second chicke en- light McClungasked Martin TO
take q drink and they started into the oae
he hud left in the stable unuer the trough, ana
proposed that they drink what was In the bot
lie they then wont into the STAPLE ano as
Martin stooped TO p snG W AG the nss nicR Res Pis SOI
Martin asked for 1t but McLlung refused 70
give IT. to him, saying Martin might get INTO
a row. They drank part Of the whiskey aha
gave the remainder TO q negro az tne s,aSie
lQOOE . LlCJ WCut HULL i1S "A~
who proposed TO play the game OF billiards
which McClung had proposed IN the morning.
Quinn had played thut day with Lanier. Mar
tin, Gufln and McClung went through nor.
while passing through It Is alleged mat Mar
tin laid q weight on the counter. After Walk
ing through the stole Martin and McCluny
Murback and Wilson, to settle for the chicken
fight. MeClung had given Martin three dol
lars and ATTY cents, and remembering the mis-
take remarked TO Martin he bad paid hin 700
much. After explaining the matter Martin
handed McCIung one dollar In silver. The ht
pocket In Meetings. pants had a hole In ~
and he took the pistol from his right pocket,
which ut very tight, In order TO put the money
In, While the pistol was in McClung's hand
Martin again asked for it. but McClung re-,
fused As Martin had been drinking a good deal
that day. McClung put the pistol aguin IN his
McClung played and Marlin kept the game at
m hour. They played on The table next the
street, which was moro public than the other.
times went into the room, and ull parties were
perfectly friendly. Lang Gootsby. At MIS-:
Martins request. had hitched the male to the
store, with the mules head facing towards
the depot. After The game had ended &. A..
Shillito was passing by Knox's and heard a
difficulty In the billiard room; he looked up
and saw as he thought Martins and Guf1n's
cues on the billiard string, and there seemed
to be a discussion about the result of the game
thinks he heard some one say at Is not So
Lang Goolsby was called up by Martin. to
bring Gufiin's knife iron, Norwood. ,Goolsby
came and az he Cotton the last step the pistol
WAS fired. Just before the pistol was fred
Bowie saw Gnffin putting on his coati In which
seen him have his knife open. and ren,nrking
that he Intended to use IT,. Gufln's hat, lis
testified to by the third witness who went up
after the firing. WAS on the billiard liable, ana
thfS IA me- witness IA ys lac Saw fresh blood on
the table. !
DR.. Mcbride testkaes that the wound IN the
body was near the left nipple and ranged 70
the second wound was in the right temple
towards the back of the left ear., he
says that the second shot could not have been
when the body was OH the noOr. NC
Chung and Martin testify that after the game
of billiards Martin announced that McClung
had beaten the game and Gutfin said he had
not, but went to his coat, put 1t on and came