The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-10-28
Mr.. Benet-As d favor TO the prisoner
would ask your Honor that he be allowed to
sit by his counsel.
TIE Court-He can do so Mr.. Benet.

would ask your Honor that he be allowed to
sit by his counsel.
TIE Court-He can do so, Mr.. Benet.
DIR. Benet Makes a Motion as to the
Conduct of the Trial, which MO.
tion is Refused by the Judge.
Mr.. Benet stated that the defendant had en-.
tered q special plea of unsoundness OF mind
at the time Of the homicide. He said: 1--WE
submit that by this plea we assume the bur-
den Of proof, and under the rules of the Court
we are entitled to open and close, both in the
evidence and the arguments This rule has
been established in the Civil Court; but II IS
not SO well 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 The plea Of unsound-
ness of mind is an affirmative plea, and the
defendant assumes the burden of proof: We
bound to prove anything, but simply to rebnt
the plea Of unsoundness of mind. What has
the jury to decide upon? The one question
must control tic opening and reply. Our plea
is one OF affirmation that we stand here with
the hope Of sustaining. We are the actors
and are entitled to open and close We admit
indictment. There Is but one issue before the
Court, and we take the burden OF proof upon
ourselves" He hoped the Court would grant
them the privilege of opening and replying.
In reply, his Honor Judge Wallace, said.
Well, gentlemen, our rule Of Court to
which counsel has referred civil courD pro.
Plaintiff S case in the pleadings he shall be
entitled TO open and reply. What is meant
by that Is q difference Of opinion among gen,
temen of the bar and need not be discussed
now. The Defendant here claims that by en-
tering plea Of not guilty by reason OF un-
soundness Of mind ut the time of the homi-
eide, he admits the Plaintiffs s case and there
s, tln1
ply. Now what is the states case 1t
charges murder. What is murder? "Mur:
der is tho killing any person win nance
aforethOught either expressed or implied
therefore under the rule of Court referred to
by counsel, that to admit the PLAINTIFFS case
Is 10 admit all that you admit that the De-
fcndant here killed the deceased; you admit
that he was pf sane mind; you admit that nc
admitting that you cut Oft all defense You
admit that the deed was done by person OF
sane mind, Now the State will have TO prove
all that. Now the law says if you admit all
the Defendant was sane and that he did IL
with malice afol ethought and therefore you
need not 60 any further. Now you admit all
that and the only way to do that Is by plea
Of guilty. Now you set up q plea OF selfde-
fense and 1t is precisely the same as the I'M
soundness OF mind. SO If you admit the
Plaintiffs case you are cut off from denying
what is already proven. And if you admit
all that is alleged in the indictment and all
that is implied in the allegation Of the indlctr
ment you are cut off from yodr defense. You
admit that the Defendant was sane and had
the malice, and therefore you admit the
Plaintiffs case That implication is not re.
quired to be proved but the law requires II,
that is q fact in the case. Now l mention
this 10 show by way of Illustration and there
fore if you admit the Plaintiffs case you are
cut off from your defense. The motion IS
overruled.
Mr.. Benet of counsel for Defense asked to
have exceptions noted to the ruling.