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

DuL kept advancing unu hltcT MCSIuuR uAu re-
treated Us far us the wall and mounted Q little
scale In front Of the bench, he fired at Guf1n,
striking him in the head. Gufin then fell
back ward alongside OF the table on the right
side OF the face, rs his fuce aNked as II lie had
fallen on the floor and the right side o. his
nose was skinned. McClupg then stepped
down and as he did SO his hat fell. In going
after the firing, CAME In contact with the stove
pipe and knocked 1t down. McClung then
went back after bis hat. which he had Just
cout, IN rather 9 moderate gait until he got to
the side walk. BY this time persons had com.
mcnced 70 run In that direction. Some OF
them e9lling out%cateh him. and he thinks
onds he attempted to make his escape. but
upon seeing Kirby and shillito. the two town
Inarshals, he hnnded up his pistol, asked them
crowd. He at no time denied killing Quinn,
but suid as he came down the steps, and o n
his way to the jail, that he had .killed:Guhan
where Gufin had cut him. Martin made nj
attempt to escape and after testifying before
the Coroner's inquest was allowed TO GO. He
was not re.arrested until c. W. Quinn came
State has introduced Joe Lee, Andrew Tag.
CART and John Johnson to prove that Nc
Chung was on the opposite side Of the table
and Guttin on this side when the FIRST shot was
fred, that Gufiin Immediately fell and NC
Chung walked around the table and shot Cuff
On after he had fallen. Their testimony con.
ulCtb u bdIUc NCIy LlulCTIh p-FISs lucy uIIs
fer as 10 the direction OF falling md the place
wnere he fell. Their evidence IL contradicted
BY Dr.: Mcbride, the,,medlcnl expert who testi.
second shot could not have been nred while
the body was on the floor.
The first thing which should present Itself
S fsa yeen S sGnsIde ana aec q shst 10 Of ts sSe; sRe liz
Of Quinn. In order TO convince you OF this,
the State has put in evidence certain facts
r., m which you are asked to infer their con.
spiracy. Before commenting on these facts I
desire to soy that these prisoners III the eyes
Of the law stand as innocent as any OF us, UNI
I'll the evidence shows their guilt, and you
Honor has said, the law rRlses Its protecting
shield over the prisoners and only lets H. fall
when the jury render q verdict OF guilty. The
every material circumstance In the case. BY
reasonable doubt his Honor says you a:e 10
understand that when In weighing any evil
dcnce the mind halts and you do not feel you.
dence. Whenever the State relies upon q cir
cumstance to show this conspiracy II must be
such q fact a. TO point directly towards the
can be accounted for on any other grounds
than as pointing to the guilt Of the prisoner.
then its effect as evidence against the priso-
The first lrcurnstanc to show conspiracy Is
the fact Of McClung and Martin meeting at
Abbeville on the Same day. Good aud sum-
cient reasons have been given for their meet
sons go 70 SHOW that they did not come for
any evil purpose. McClung came after medi.
cine. Martin came 70 bring his wife, and
walked and Martin drove an old mule. II
they had met for the purpose OF taking Gut.
tn's life they certainly would have made bet
deed. The next circumstance Is that Of The
knife. You win remember that Gurlu with
out solicitation rendered his knife to cut .
string, and when 1t was misplaced the priso-
mora fnIA him fS rot anpfhnr md aarh saIA.ha
would pay fOrtt. II had been sent to Henry
Norwood togive to Guttin, which they would
not have done II they had desired TO dlsarni
arm him they would not have told him to get
another and each said he would pay for II.
The next circumstance Is the alleged fact OF
empnatica!ly deny. Murbach and Wilson I
have no doubt, are entirely honest In what
they swore. still they may have been mistak.
en-. Murback did not see what pocket Marlin
took tue pistol from, nor whnt pocket NC.
Chung put It into. Now, Is II not very natural
70 suppose that he saw Martin az he grabbed
strict attention and he may have seen the
same thing. From the manner III which Cart.
McClung testified on the stand, you are forced
TO believe him Q man Of intelligence, and he
certainly would have selected q more private
place for taking the pistol, II he desired 10 kill
Gunin, especially as he had " pass through
u rather dark pussageway up stlirs, when nc
not have stood on the side walk in view OF 80
many persous. Mr.. Quinn lived about four
miles In the country, and IT. would have been
much Bler TO have gone to his house or way.
laid him on the road than to have selected o
place IN the very heart Of the town and q u.
BILE next the street where IL seems 50 many
Co., p'o must sta come sst 10 the COMBUSTION ono d.as that Nc:
Chung Is O very accommodating man II he
would kill Guflln just because Martin handed
him q pistol and asked him todos 70. No, gen.
tIemen, You can not believe he would have
done 10 foolish q decd. McClung and Martin
certainly would be very strange men II they
would ~ into a ro,m with Gnu1n, drink with
were In the room at differ eut times. then nIl
on O sudden change friendship into enmlty
without any cause and take Gufin's lM, they
over their feelings aud more hypocrisy tan
the arch fiend Judas l~scariot, who Getrayeu
his Master with q kiss. As sensible men you
taking Guf1n's Life. II Quinn had been kill
ed with his coat of there would certainly be
nm ugly case in court, but the fact OF having
, his coat ON when shot and DR.. Lyons testi-
mony that his knife was open In his right coat
! pocket goes strongly 10 show that he put OH
his coat for the purpose OF using his knife.
Few seconds before the firing and the very
knife which DR.. Lyon saw open In his pocket
was found open on the floor, md McClung's
shirt and left breast were cut. Lang Goolsby
heard something said but wasn't certain what
IL was and saw Guihn 60 to bis coat; he says he
d saw him put his hand in his pocket for his
knife, but In this he Is mistaken, for II Quinn
gone back put on his coat and then returned
10 the billiard table this would have consum-
ed more time than II took Lang GoOlsby 10 90
down the steps, for the States witness Peter
PAISLEY says he ran down very rapidly. No,
he went buck Tor his coat In order to get bis
knifo for . murderous purpose, aud came very
near carrying 1t into execution. Il he had
been two inches nearer Capt. McClung no
would have plunged the knife In his heart.
Not only must every material fact I've proved
beyond q reasonable doubt. but II upon con-
doubt as to their guilt then you must acquit.
have examined the evidence very carefully
to see what nlotiveth the State would attempt TO
aseribe 70 MeGiung and MARTIN ior taxing Guf-
You know sensible men do not net without
q motive. and DEFY any jpry TO fnd any M;
tive proved for taking his IRE. cCiun had
and they were perfectly friendly, even when
GooIsby was In the room = few seconds before
the homicide. It certainly took . very pow
erful cause TO force him 10 take Gurfin's lie
nothing less than the necessity 10 do SO to
save him his own.
ASH am to lie followed by other counsel for
| the defendants, who Will call to your atten.
ton any points which I have not explained.
it will be unnecessary for me to detain you
longer.
Permit me, gentlemen, In conclusion to say
we desire TO meet the issue fairly and square.
ly, l am satisfied II you think the parties
guilty you will say SO BY your verdict, and I
TOO am satisfied that II you think him not
guilty you will likewise attest IL by your ver-
dict.
You have nothing to do with mercy; that is
within the power OF the court. l have not
sought to rouse our feelings BY speaking or
the wives and children OF these prisoners who
have from love kept seats In this bar during
the trial, an1iously awaiting tue result OF
your verdict, because do not think 1t rlghtto
tempt you BY playing upon your feelings to
foryet tue main issue, and In this case you GER
tainly need no such Incentive to make you DO
your duty.
Argument of D. H. Magill, Esq.
Nay Il Please Your Honor and You Gentle
men Of the jury: 1t has At length become my
duty 10 submit to your consideration y few
observations In defense Of the prisoners ut the
bar. In doing 1t, though l feel perfectly salts
fed that you are men Of pure minds, yet l re-
fleet with anxiety that no exertion or zeal on
the port OF defendants counsel can possibly
Insure Justice unless you likewise perform
your duty. Do not now suppose, gentlemen,
thatI mean TO sueg est the least suspicion with
respect TO your principles and motives. /
know YOU nave been selected In q manner
most likely TO obtain impartial justice, aud
doubtless you have honestly resolved and en-
deavored TO lay aside all opinions which you
may nave entertained previous to this trial.
p,,S ft,e Al fiCDlfy Of doing this liz. DerhaDX. not