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

N1lN Va VIC \ - AtS N'SN'k t"S ~
in his case has made the motion i'll less thar
twenty days, but as there arc no statutes
saying what shall he done when, as III ms
case, the notice Of twenty days could not be
be gwen, the molten 10 change the venue
will be dealt with as though 1t had been made
In sufficient time, but hold that the nihdarlt
is not sustained. Assuming that the pubiic
excitement is not Suilicienttodeny these priS-
oiicrs Il G,ir t,ial. the motion fo- IL continu-
ance Is refused. The State provides Il protcc.
tive guard around the prisoner. The pre-.
sumption is tnat he Is innocent until proved
other wise. The shield ialls only with IL YER
iict. OF guilt. No man can pierce him through
this shield. However high the waves OF pop
uiar passion, however active they may beat
against the accused, they will DO rolled back
when they reach this building. Being salts
lied OF tIc:e ilc,s the motion for a %continu.
ancu Is denied. The testimony Of r. b. Cade,
in the opinion OF the Court. Is not material 70
tn" trial of this case. II Is set forth In the am
duvits that the motion IS not intended for de.
lay. When this motion was first made l stated
TO the counsel that, Ii any new facts had been
aSvcrtaincd, and they still desired a postpone.
ment. they! might renew INC motion TINS
mo, n But no new facts are brought out.
The same facts are alleged in this motion,
that were stated when the motion was denied.
AL that time the counsel stated what teStt-
mony they expected The Witness to make.
IL was cumulative. Merely 10 testify to some.
Thing proved by another witness. The de-
~lendantS' counsel contend that they have
brought themselves within Ruic 2 OF the
Circuit Court, but hat refers, by ltS very
TO delay the tiial Of a case In consequence OF
the absence OF a witness, the Court must be
satisfied of the Importance OF the facts to be
nruy.d bv him, and that due diligence has
been made to secure his attendance.
Holding TO the ,nandateS OF the Constltu-
ton that trial should be without unnecessary
delay we shall proceed TO try the case. When
life IS taken, and the prisoner Is on trial, the
Court will move with all the regards for hu-
man life. / deny the motion for continuance.
~EMrASEL1NG II JURY.
Mr.. Burt-If it please the Court, and my
friend, the Solicitor, dOes not object, l would
like for tho jury to be seated ON this slide OF the
Judge Mackey-Mr. Solicitor, is there any
objection to granting Mr.. Burt's request, that
the jury sit on the other side?
solicitor C~o;hrun-1t is usual, your Honor,
TO try such cases on this side, but In Difference
to the wishes Of Mr.. Burt 1 am willing to
make the change
Ju ise MacleS-The Clerk will proceed to
empanel the jury.
Mr.. Bur,-1 would like to know what !,
your Honor's practice Us TO allowing the So
licitor to make Jurors stand aside.
Solicitor Cothran-I would move TO have the
jurors sworn on their uOir dire, ind that they
be required to answer the usual questions In
such cases.
Judge Mackey-I hole that the State must
exhaust It's perclnptory challenges before II
can make jurors stand aside. There Is moth.
ing in the case Of the State against McNlnch
to the contrary.
Solicitor Cothran-There Is a decision on
this point. The State hus the right to order
every Juror to stand aside.
ADMINISTERING TIL oATHs.
Clerk Zeigler then administered the follow.
Ing oath 10 u. W. J0y-the same oath being
administered to each juror, as he WAS pre-
sented
you shall true make TO all such
questions US shall be propoundcd 70 you by
rho (',nrf nr ly the order Of the (Olrt- So
help you God =
Judge Mackey then proceeded TO examine
D. W. Jay as follows: This Is the case Of the
State against Charles A. McClung and ].
Campbell Martin, charged with murder. Are
you related by blood or marriage to either OF
the prisoners, or the deceased
Judge Mackey-Have you expressed or form.
ed an opinion rs TO the guilt or innocence OF
either OI the prisoners at the barr
Juror-1 have spoken OF the matter.
Judge M~ackeEEAre You sensible OF any 4ias
or prejudice In this cause against the priso
ncrs or either OF them?
JurOr-No, sir. l know nothing about the
case except the evidence ut the Coroner's In.
quest.
different and impartial.
Mr.. Burt-Wiil you ask him II he means the
evidence published in the newspapers.
Judge Mackey-Does the juror refer to the
evidence published in the newspapers.
JurOr-IeS, sir.
Solicitor C~Othran-The practice OF directing
jurors TO stand aside, &c, &c.
Clerk Zeiglcr proceeded to swear Mr.. Jay
| when Mr.. McClung objected.
SIS. Mcbride was next presented. His Hon
or put to him questions in much the SAM
form as those put 10 Mr.. Jay. His answers
being satisfactory 10 the prisoners, ne was
sworn.
James Cothran, junior, was the next juror
called. After being questioned Martin OBJECT
ed.
A. c. Collins, had thought Of tho case. bu,
had formed no definite opinion. His opinion
was an involuntary opinion, and not q req
sonable conviction. Knew OF no reason "
prevent him from giving an unbiased verdict
McClung objected to this juror.
George Smith, colorcd, said he had not ex.
pressed an opinion, though he o formed
one. When asked If IL was such on opinion
as evidence would not change, replied NO
SIR" Martin objected to his sitting on the
Richard Jones, colorcd, was the next juror
called; He was s~oin;
George w. Jones would have been sworn,
but McClung OBJECTED d.
W. r. Mckinney confessed that he had form,
cd an opinion from the published statements
In the newspapers, and MCClung objected to
his sitting on the case.
w. q. Rice had formed an opinion and Mar
tin objected to his being sworn.
w. Il. Dunn pissed muster and was sworn.
d. q. Keller was also acceptable ulike 10
the prisoners and the State, and he Was added
TO the jury.
Richard Romans, colorcd. had read the evi.
dencc published in the newspapers. and 1t
was fata! 10 his chances as o juror In this case.
McClung objected TO him,
w. {. Martin had formed an opinion from
the evidence published, but had no prejudice
or bias, which evidence could not affect.
V. r. Hinton next laid his hand upon the
book, while he looked upon the prisoners ut
the bar, and they looked upon him.
~ 49, c,il tn,tl tbA IN 1NNyv frNr~
what portion OF the County this juror comes.
Judge Mackey-Thc Court can not make q
geographical division OF the County. The
County Is not dlvisible.
Clerk Zeigler b offered the juror to be
sworn.
Mr.. Graydon-Will you wait q minute?
Judge Mackey-Certainly.
The prisoners and their counsel had q short
consultation, after which each OF the priso-
ners said. "Swear him."
j. d Alewine was objected to by Mr.. Martin
G.. w. Collins had made n Hypothetical ex-
precision US to the guilt or innocence OF the &C
cuscd. and the prisoners objected to him as a
juror.
James Pratt wa objected TO by Mr.. Martin.
r. w. Crawford was questioned thoroughly
by the Judge, when he said 1.-THE juror up
Mr. Grnydon-Is your Honor perfectly sat-
isfied that this juror is free from prcjudice7
Judge Mackey-I regard him as the very
type of absolute neutrality.
Vui. tNSSluup WOO " ~ tnOlOuSuiJ bAIib-
fed as otbe neutrality of this juror, and very
promptly objected to him.
John Robert Buchanan was then sworn.
J. H.. Watson was not acceptable TO MIR. Mar
tin and he gave place TO another.
Charles Ingram. an American citizen, who
was about the color of a stack OF black cats,
had talked about what he had heard, but hnd
come TO no conclusion. Mr.. Martin soon came
10 the conclusion that he didn'tw want him for
q juror.
W.C.Shcrard had read what the newspapers
had published concerning the case, and MI.
Martin thought that this Juror would be more
acceptable to him rs u spectator.
James c. Lites was sworn.
w. G. Huckabec took his seat beside Lites
on the jury.
w. II. Watson was also sworn.
j. ID. Pace was the twelfth man who was &C.
cepted. He completed lie panel.
The Clerk then called the roll when each Of
the jurors answered to their names.
Judge Mackey-Mr. Pace will please act OF
forerna II of this jury.
The following are
THE JURY.
John D; Pace, foreman. s: 8. Mcbride.
Richard Jones. W. r. Munday,
w. Il. Dunn. D. u. Keller,
W. Z. Martin. V. r. Hinton.
John II. Buchanan. James G. Lites.
W. G. Huckabee. w. II. Watson.
The prisoners wereasked to stand UP. They
had pleaded mot guilty" on Tuesday. The
Clerk reud the
INDICTMENT OF THE PRISONERS.