The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-09-23
The Lylag witness.

what slight circumstances the verdict Of O
jury sometimes turns. can not now
recall the year, and my notes of the case
were burned in the great fire of 1871. /
think about the year 1916 my friend Bron-
son Murray, who then lived at Deer Park,
La Sale County, sent for me to come to
Ottawa and defend his hired man, who,
killing neighbor in q quarrel, had been
indicted for murder. A. Sudden quarrel
had arisen, and the prisoner, seiz,ng
hickory stake from his sled, had struck tho
deceased one hard blow ON the head pro-
ducing death.
! sat down to the trial, supposing had
clear case OF manslaughter, and one free
from difficulty, and that the only question
would be the extent of my clients impris-
onmcnt. There was no controversy about
the quarrel and the blow, anu that death
was the result. These facts having been
proved, the prosecution call the officer who
had arrested the prisoner. He was a large.
muscular man, very dark and sinister in
his appearance, and as hc took the stand |
saw him scowl at the prisoner. who was an
lmpulsive, passionate lrishman, in way
that startled ne. Immediately asked the
defendant if he had ever hal any difficulty
with the witness. Eyes" he replied; "the
witness hates me. and has threatened to
have Inc hanged"
After describing the arrest, the witness
was asked: "Did you, Oh your way to the
county Jail, have any conversation with
the prisoner, i'll regard to the killing, and,
If so, state what he said" He replied
'on our way, as we were riding across the
prairie, l asked him what made him strike
the deceased, and why he struck so hard.
PRISONER answered, - him, Pm glad lie
is dead; have long had grudge against
him, and l am - glad l have killed
him."
''rakc the Witness" SAID the States
Attorney, in the tone of a man who had
made out his case, and he had. The wit
ness had supplied the proof TO change the
killing from manslaughter to murder, and
unless l could break down or contradict
him, my client was lost. BY oneo those
impulses which l can not explain, but
which all Of us have often experienced, l
felt that the witness had been swearing
false. knew it, but how could make it
manifest TOD the jury2 The terrible con-
fession was made, as the witness said,
when he and the prisoner were alone upon
the prairie, ana therefore there was no
possibility of contradiction. tsIt Is Il lie.
every word OF it," whispered the prisoner.
l knew it perfectly we'll; but, how to
prove it2
began the cross examination without
plan; at first putting a few questions
quietly, and studying the man whom had
never before seen. After q few unimport-
ant questions, asked to gain time and try
and make out what manner Of m IN he was,
l led hlm back to the confession. asked
him If he was sure he had repeated the
exact words of the prisoner. He replied,
II have told you the very words. I have
not altered one of them" l saw that he
was one OF those who If he once swore the
horse was sixteen feet high would stick to
1t. then asked him to repeat tile con-
fession, which he did, and, as l expected,
with variations, then called his atten-
tion to the fact that some months had
passed between the confession and the trial.
and then asked him why, If III his direct
evidence he had given the identical words.
he could not on the stand repeat them
twice i'll the same way. He thought il
necessary to strengthen his statement, and
he said: 81 wrote down ut the time what
the prisoner said so might not forget it,
and have got the paper yet, and | have
read it over to-day, and it is in the very
words first stated" knew that he was
lying; l felt it, and arose and asked him
stcrnly: "Where IS the paper2 Tell nc
''In my pocket" he said
"Prodnce it," said l. l knew that he
had no such paper. He turned pale; the
sweat rolled down his face.
On my repeating my demand for the pa.
per, he refused point blank.
l repeated, "You have sworn YOU wrote
down, at the the time, on paper, the state
lncnt OF what tho prisoner said: that YOU
brought that paper with you to Court
nave read 1t over to-day, and that you have
IL now IN your pocket. Is this true2;'
"Yes. " said he. feltcringly.
"Then," said |, twill you produce it and
let me see it ~
mo" said he, 'no lawyer shall SEQ my
private papers"
''ls there anything OH the written pa-
per besides the memorandum of what tha
prisoner said ?" inquired 1.
YES on the same paper are private writ
ngs which no man shall sec."
'Hold the paper in your own hands,
then so that | can sec aud read only the
Have you any objection
10 that ?" said I.
"You Shall not see any of it," said he.
tie was sinking deeper and deeper in the |
morass.
Every WE'LL" said /.
"Perhaps you will allow the Judge or |
The jury to see it. If you don't want me to |
see ii ?"
Nobody shall see IT, said lo.
ibis has gone far enough" said I.
You have no such paper, and never had,
and now ask the Court to make an order
that you produce the paper or be committed
to Jail until you produce it,"
The Judge made the order, and as the |
hour for dinner had come, adjourned. | |
knew that my client was saved; not by |
any skill of mine, but by what hardly |
know how to characterize. But think we |
old lawyers often see results which ind,- |
cate that there is something outside of our
selves or any known agency, which some
times leads to tho triumph of truth and
The protection of tho innocent.
Onthc coming in OF the Court the wit
ness was forced to acknow ledge that he llud
no such paper, and the States Attorney
said: "l will not ask the jury to place any
reliance upon this Witness"