The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-11-24

opinion. I pen it upon the changed condi-
ton of facts as presented to my mind by
myself and to the citizens Of Aiken.
YOU will please send US a copy Of the next
issue of the Recorder.
Yours very respectfully,
r. s. GALLOWAY.
The Closing Scenes Of the Culbreath
Case.
EDaEFIELD, S. c.. November 49,
The a%rraignment Of the defendants
was a solemn and dramatic scene.
Th,rty-one of our best citizens' stood
(constructively) in the prisoners dock to
answer a charge of one Of the most
brutal and horrible murders that ever
dissraced the annals Of an enlightened
community. Among them stood Mem
phis c.. Culbrcath, a beardless boy Of
not more than 20, charged with assisting
in
II MURDER OF HIS OWN FATHER.
Among the witnesses for the State
was this boys grandfather and his
uncle, the father and brother of the
murdered man. AS each prisoners
name was called he rose in his scat,
raised his right hand and answered
"not guilty" Two dim kerosene lamps
stood on the Judges desk, one on the
clerks desk and one in front Of the
attorneys table and only partially
dispelled the deepening gloom Of twi-
light.
at the question Ara you really to
come to trial ?" ~propounded by the
clerk. Gen. Butler arose and said
evil the Court inform us whether it is the
Intention to insist upon going on with the
counsel for the defense, who will be called to
Columbia OH Tuesday next on important
public business :" lieutenant Governor
Sheppard.(
yes nr mo- to the clerks question. If you
have a motion for a continuance you may
make it and give your reasons for it, and the
Court will pass upon them"
Gen. Butler: 81 don't like to say that we
are not ready for trial, because 1 am not Ger
tain about it. If the counsel can all be here
and we can get all our Witnesses, we will be
ready. At any rate we are not ready to 20
on this evening, and unless we can conclude
the trial by Sunday morning, ut 10 O'Clock,
We won't be able to go on anyhow.
THE NOTION FOR CONTINUANCE.
At this stage the roll Of the witnesses
" VIC uSAChSCs ooOuL Jill uuUuTeQ In
number, was called, and some of them
failed to answer. Gen. Butler then for
mally moved for q continuance of the
case on the ground Of the absence of
material witnesses and the expected
absence of the leading counsel in the
case.
Judge Hudson "when does Congress
Han Rcf1or. an, tlo E,,k lg.-l-- n
cember, you rlIonor."
Judge Hudson (to the Attorney General y
"What do you say, Mr.. Miles 7"
Mr.. Miles " consider the motion ad-
dressed entirely to the discretion of the
Court. The State is ready for the trial at
this term Of the Court"
The Court: Anything to say Mr.. Shcp-
pard ?"
Mr.. Sheppard had nothing to say, ex.
cept that it would be impossible to have
the case ready for immediate trial. Mr..
Sheppard declined to say anything in
advocacy Of the plea that he had i'm
portant public business to attend to on
Tuesday next. The Court knew that
over forty-four witnesses for the defence
were absent and this he considered q
good ground for the motion for u con-
%tinuance.
Major Gary invited the attention of
the Court to the mount of labor that
the counsel in this case had already
been called upon to perform. He had
no hesitation in saying that as far as
he was concerned he was not prepared
to 20 to trial at this time.
Judge Hudson, the counsel having
exhausted the argument, said that TIE
Court recognized fully the merits of the
motion. The Court, he said, laid no
great stress upon the fact that forty
four witnesses for the defence were
absent. Those witnesses were in the
county and could easily be brought
into Court. The Court. however, recog-
nized the fact that counsel should have
abundant time in which to prepare their
case. 1t knew that important public
duties would call the leading counsel
away in u very short time, and was
satisfied, from the progress made thus
far, that the trial would III con-
siderably more time than could be ne.
voted to it if it began now. There was
another point, however, to which coun-
sci for the defence had not alluded, but
which had great weight in determining
the decision Of the Court. The CON
dition Of the public mind in Edgctie!d,
in the opinion of the Court, is such ut
the present time as is not calculated to
ensure n full, calm, free. fair and impair
tial trial Of the case. Even if the de-
PENDANTS were ready for trial the Court
would hardly be disposed to enter
upon the trial at this time. The mo
ton for continuance was therefore
granted.
A 1T FOR BAIL.
There was no applause in the Court
room ut this n Houncement, although