The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-10-27
Ferguson's Trial.

tevinced by, the public in the second trial
Of JohnC G. Ferguson for the killing Of
Arthur Benedict. Full reports having
been made, by the papers, Of the last
trial, great difficulty was experienced in
securing a jury who had not formed or
expressed some opinion on the case.
The prisoner selected his jury from
ninety-six of his country. The whole
of Tuesday and the greater portion Of
"Wednesday was taken up in securing the
jury. Nearly every juror that was pre-
sented was put upon his cor dire, either
by the defendant or by the State. FL
nally on Wednesday evening the follow
ing jury was obtained:
A. o. Grant, foreman; w. Il. Powell,
Jerry Bacon (colored), L. G.. Seal. II. f..
Henderson, Samuel Wilson, r. l.. Ciink-
scales, Robert w. Hester, Il. M. Warren,
w. F. Magill, J. Strother Graves and
J.C. Jennings.
The evidence in the case was so much
the same as that published at the last
trial, that we have abridged it as much
as possible, giving only the main points
testified to by each witnc IS. The
speeches in the case were unusually
good, being full of pathos, feeling and
zeal on the part Of the defendant, and as
fair and impartial as possible on the part
of the State.
Never do we remember to have seen
n Judge exercise such patience as was
done by His Honor, Judge Wallace.
Although the case was a very tedious
one, occupying four whole days, Judge
Wallace never exhibited the least i'm
patience.
There were a great many ladies' pres
ent while the speeches in the case were
being delivered, and during the whole
trial there were large crowds of anxious
hearers present.
Mr.. A. o. Grant was made foreman of
the jury.
Before the solicitor had put up the
first witness for the State, Mr.. Benet
stated that he desired to make a motion
for the court to consider. The defend
ant had entered a special plea Of I'M
soundness Of mind at the time of he
homicide, and he contended that by this
plea the defence assumed the burden of
proof, and under the rules of tn court
was entitled to open and close, both in
the evidence and the argument. This
rule has been established in the civil
court, hut.it is not SO we'll settled in the
sessions court. He quoted Rule 60 of
the court and continued: "When the
defendant admits the States case he
cannot set up witnesses to disprove any.
thing about the killing. Tie plea of
u~nsoundness Of mind is an affirmative
plea, and the defendant assumes he
burden of proof. We admit the States
\ case and the State is not bound to prove
anything, but simply to, rebut the plea
OF unsoundness Of mind. What has the
jury to decide upon? The one question
raised by our plea. The nature of the
issue must control the opening and re-
ply. Our plea is one Of affirmation that
we stand here with the hope OF sustain-
ing. We are the actors and are entitled
to open and close. We admit every
thing that may be proved to sustain the
Indictment. There is'but one issue be-
fore the court, and We take the burden
OF proof upon ourselves" He hoped
the court would grant them the privilege
OF opening and replying.
Judge Wallace held that this plea
was similar to that Of s~elf-dcfencc and
other like defences and overruled the
motion OF MIR. Bcnet, to which he asked
MS Honor TO note All exception on the
part Of the defence.
Testimony for the State.
WIN. G. RILEY
testified that he was town marshal md
at the time Of the killing near Auer-
bach's store. He met Bene lict cunning
out of the store from behind the conn.
ter. He said "Oh he shot me-
Saw John G. Ferguson in the stnre
with q pistol in his hand, who admitted
thal ne did the shooting. Ferguson
asked it he could not give bail. Hum
mond told him to wait and sec how
badly Benedict was shot. I found ont
he was dying and took Ferguson to
Jail.
Cross-examined Have seen Ferpu.
son drunk several times; was pretty
drunk that day. He spoke of getting
bail on the street, and not in tho
sheriff's office. Ferguson gave as tho
reason why he shot Benedict that the
So - rascal was trying to kill him. He
said afterwards that Benedict was trv-
my to cut him.
]. 8. HAMMOND:
Was at the time intendant Of the town
He saw Ferguson thot dav =, go.