The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1882-02-08

lTDIll TX pOSlGlol 1 IN llC lllkOtiNAN ~ -"
say something. When Kennedy came
down some conversation, when I did not
hear, passed between them, then a blow
was struck, and l ran there to stop the
difficulty. They were separated, and l
came out with Kennedy and GOODWIN.
Fishburne followed and overlook us at
the gate and INDUCED In the most violent
language toward Kennedy. When we
got opposite to Stork's I heard sorne one
say, Look out! or some such word, and l
saw Fisllburne within fifteen feet of us.
He asked Kennedy if he was armed, and
he said he was not. Then Fishburne
struck over the shoulder of GOODWIN at
Kennedy. I am not sure whether he hit
him. Kennedy then made at him and
they met. / think the blow went over
Goodwin, who was between them. Fish.
burne was borne to the ground, exactly
how and by whom I do not know"
Mr.. Jcter cross examined by Mr.. FISH
bhrne:
@. In the difficulty in the Senate, which
you have described, who sruck tho first
blow?
A. Kennedy struck first.
q. In the difficulty before Stork,s who
struck the first blow?
A. You struck, but I am not prepared
to say Who struck nrSt.
Col. B. f. Crayton sworn After tho
Senate adjourned a majority Of the Senate
had left and I heard a disturbance and |
look cd around and saw in front of Fish
burne's seat Fishburne born back to-
ward the desk by Kennedy and Goodwin;
No licks were struck after I turned
round. They were separated, and I pass
ed outof State House in the rear Of Ken
nedv. Jeter and GOODWIN. Just at the
gate they were overtakcn by Fishbnrne.
Jeter, Patterson, myself and others re-
monstrated with Kennedy and urged him
not to return We passed OH, and when
near Stork's Fishburne passed myself
and Patterson, 0vcrtaking Kennedy and
Goodwin. He asked Kennedy If he was
armed and the answer was, II am not"
Hc instantly raised his stick, striking
over the shoulder of Goodwin, who
threw up his arm and broke the force OF
the blow. They closed in, and my i'm
preston is Goodwin pushed Fishhurne to
the pavement. When they were scpa-
rated we urged General Kennedy to pass
OH along the street.
Cross examined by Mr.. F]ishburne
@. In front of Stork's restaurant are
You sure that I struck Kennedy?
A.. I am not sure you hit him, but l
am certain you struck ut him.
@. You are satisfied, then, that l
struck Goodwin?
A.. Yes.
@. Was not pushed down by them III
front Of StOrk's saloon?
A. Yes 1 believe you were.
At this %juncture General Kennedy who
had been an attentive listener, rose and
said he desired to be informed by the
Court for what purpose he had been ar
rested and brought there.
1t was stated by the Court in reply TO
that question that he had been brought at
the instance ofthe defendant, who wished
him to be present.
Col. Haskell remarked that General
Kennedy WAS not q material witness and
need not be detained. Theroupon that
gentleman retired frcm the room.
It was then announced by the prosecu-
ton that the State would offer no further
testimony.
THE PRISONERS SPEECH IN " De
FENCE
Mr.. F%lshburne then rose, and Will
marked earneStness, spoke az follows:
I will simply state in my behalf as 6
prisoner III your honorable Court that
according to all the evidence adduced by
liz Oltl y lLilCoJy
facts brought out, the probability is tina
I have not committed any breach of thu
peace. Take Jeter's testimony, when III
saws that he saw me borne down by Ken
nedy and GOODWIN in the Senate Cham
Der. Take the statement Of all the otheI
witnesses and they agree with him. TAX
everything which has been uttered here
against me III this Cause, and it all goes u
prove that I WAS struck. There is NJ
, particle of evidence before your honor.
able Court that I have committed any
3 breach of the peace. l have only beer
allowed the poor privilege of cross-eX'
aiming the States witnesses. Take
every statement they have made, and II
all conscience, how can it be shown tina
have done any wrong? In the name o
justice, how can you on this evidence
commit me to Jail tonight? The State
witnesses have proved that l was pushet
down by Kennedy and Goodwin, bu'
there is no evidence to show that l wa:
the aggressor. 1t is true I may have uset
harsh language. / admit that, but I deny
that I have committed any breach Of thu
peace. No one has sworn that l made
the attack. 1t does not appear from tht
statements given here that | ever com
mitted an assault upon Kennedy. II is
a hard matter for a citizen Of South Caro-
lima, who feels that lie has done ne
wrong, to be dragged before your Cour1
OH a frivilous charge like this. Now /
there is any evidence to show that com
mitted an attack upon Kennedy. i an
willing to 90 to Jail, and there l will re-
main as long as God gives me life to reslsl
this %tyrannical action.
The prisoner here concluded and sat
down.
THE COURT ASKS a SURETY IF He De
sIREs TO TAKE HIS NAME FROM
PRISONERS BOND.
Mr.. jenkins, n Of his bondsmen,
was asked by the Court if he desired, as
had been minated, to take his name
from the bond. Mr.. Jenkins read over
all the testimony and then signitied his
purpose to withdraw from further res
possibility as bondsman.
The Trial Justice Takes n Position,
from which He must Recede.
FOR Mus1NG THERE AN HOUR ALONE,
/ DREAM'D THAT GREECE MIGHT STILL
BE FREE
Trial Justice Marshall then briefly an
nounccd his decision to be that the de-
PENDANT had forfeited his bond of S2,OpO,
and it would bcthe Courts duty and only
course to commit him to Jail, as. having
broken one bond, it would not be safe to
trust him on another, however large.
The Court further stated that the only
remedy Mr.. Fishburne would have
would be to so bcIorea judge Oh a writ OF
ha6eas corpus. MIR. Fis!burne then ex-
pressed d dssirc to obtain the services OF
a lawyer, and lie was permitted, in the
custody Of Sheriff Rowan. to go out for
this purpose.
Mi. Fishburne not having succeeded in
obtaining new bondslnen at II O'Clock
last night, was taken to Jail.
MR. FIsHBURNE IS RELEASED AND
MAKES AN APOLOGY.
4 New Peace Bond in the Sum Of Two
Thousand Dollars Furnished by the
Offending Senator's Brother and q
Personal Friend.
Meas and C~ouricr.l
COLUMBIA, February Ex-senator Fish
burnc WAS released from Jail to-day upon
entering into a bond to keep the peace,
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