The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-11-25
THE EDGEFIELD LYNCHERS.
THEY COME INTO C0URT--A MOTION To
QUASH THE INDICTMENT IS
OVERRULED:

Their rArranSment-..Array A to the Pan.
ell of the Petit Jury Chalienged-.-
The Challenge AbandOned---NIo-
ton to Continue the Cases until
the next Tern1 of the Court
Agreed to..-BaiI Fixed Mt $4,000
Each.
No,rs and Courier.
EDGEF1ELD, November 19.-"Proceed with
the argument In the Culbreath case,' said
Judge Hudson, as he took his seat IN the
ceeded hy the good-looking deputy sheriff,
who with drawn sword escorts him daily TO
and from The Courthouse. This Courtroom
was densely crowded as usual, there being
"ls It necessary to have the defendants IN
Court?" asked the Judge Mr.. Miles, for the
State, replied that the State did not insist on
their presence. But, ut Gen.. Buffers III
stance, they were brought into Court, and as
on the day before, occupied the jurors seat or
the south side of the Courtroom.
After this Mr.. Miles read the reply OF the
State to the objections of the defence. The
following summary OF the objections and re-
ply will give an Idea of the drift Of the arSu-
irent and the positions taken by the State
and the defence.
The grounds, eighteen in number, submit
ted by the defence to quash the indictment,
denuded of the usual redundancy, may be
summeriZed as follows
| /. That the copy of the indictment furnish
ed them by the clerk of Court was hot true
& ! challenge to the array or panel of the
grand jury. ,
3 The objections to the validity Of the
grand jury because some Of the jurors were
removed and some excused and othcrs were
instituted In their places.
| a. A motion to quash the indictment be-
cause of defect IN serain OF + the t1'n,s e9nnts
| lst The objections to the sufhclency or the
COPY Of the indictment furnished by the clerk
have been overruled by the Court on the
ground that the discrepancies are mere cleri-
cal errors, not calculated to mislead the de-
PENDANTS. =,
o. TO the challenge of the array or panel OF
the jury The State answers:
| lst. That the accused, having been com
mittcd and bound over to answer to an IN
dictlnent to be preferred against them at this
| term of the Court should have made their
objections before the grand jury was enipa'
nelled, and 1t comes too late after the bill is
found.
| "a. That Section 2, Go of the General Stat
| utes, which directs that the clerk OF the Court
of General Sessions In each county, not less
that fifteen days before the commencement OF
the first term of the Court in each year, issue
writs of centre fdcids in each county for e1gh'
teen grand jurors to be returned to the Court,
! who Shall also be held to serve at each term
LneTCOI IETOuSlOuL lue ear aHO uutik al
other grand jury Is empaneled an their stead,
| is purely directory to public officer as to tle
discharge of this duty; that said section does
not declare that venire issued less tnnt M
teen days before the first Court In the year Is
void, nor that such venire may be quashcd.
Said provision was intended merely to regu-
| late the drawing of juries so as 10 secure
their attendance, and was not intended to Sc
cure any right, benefit or privilege TO the de-
PENDANTS; that the object of the law Is to Sc
cure the attendance Of competent and impair
| lial juroIS, and this Is assured by the manner
OF drawing them, which Is not affected OF
controlled in the least by the mode OF sum-
muning, and in prescribing the mode the Leg
islature had nothing more In view than see
ing that 1t be promptly done. The venire
was only the authority to the sheriff TO sum.
dance Of the jurors, defendants are not affect
ed by an irreyularty in the time of furnish
| ing it to the sheriff !; that even If the venire
had not been delivered by the clerk to tho
did attend the object Of the law Is secured; the
vcuire having ELECTED its object, it cannot be
assailed, though not issued or returned
within the time prescribed BY the Act.
81. AS to the objections to the egrand jury be
cause several were excluded, some were eX.
cusrd and others were drawn and substituted
in their place; William Par llman, of the reg
ular panel OF the grand jurors, when tht
Court met, was in Jail, committed ON the
charge of murder to be preferred to the grand
Jury 1T this Court, and was physically. as well
legally incompetsnt to SIT on tne nsr grana no
cogniZance to appear before the grand jury
was properly Withdrawn from the grand Jary
while considering that case, and was sworn Il:
The presiding Judge for reasons which he ad
Judged sufficient. The cXcusing OF jurors anC
drawing others in their Place Is Il matter eX.
clusvely within the discretion OF the presid
| ing Judge.
It'll. Motions to quash the indictment fol
alleged defects are rarely, ii ever, considered
at this stage OF a case, because II the indlct
ment contains one good count, that Will sup
ton will be available on motions in arrest OF
Judgment if occasion should require.
An hour was spent In u technical sklrmlsf
over ilnmatcrial points Involving the order
in which argument should be heart. After a
good deal of dodgng, however. the defence
proceeded To open the case. Major Gary de.
| ircring the opening argument IN their oe:
half. The public will scarcely be interested
in following these, the points on both sides
Mujor Gary delivered a splendid legal arsu'
mcnt, absolutely free from anything like SEN
sational appeals, but confined entirely to the
legal grounds, upon which the plea Of the de-
| PENDANTS was based. He was followed by al
torney. General Miles, who likewise addressed
| himself wholly TO the discussion or the lega
questions involved in the case. MIR. Miles
took OCCASION, however, in p;ssing 70 make a
public acknowledgment vi his indebtedness
to the counsel associated with him, Messrs
Bonham 4 Bonham, and Gary l. Evans, Iol
the valuable aid which they had extended lC
him in the preparation of the case.
| Gen. NJ. &. Butler closed the argument for
| the defence In u very strong speech. Where
human lie, he said, was concerned, 1t would
not do to come into Court and say that the
solemn injunction OF the law should be .trl:
fled with. Before Il man can he put on tra
i tor his liie every provision, every lhJunctlOH
complied with. The State could suffer no de
triment by having the law strictly enforced
The citizens could suffer no detilnent anC
would, besides, have no excuse Tor taking the
law in his own hands.
Judpe Hudson then delivered his decision
ore tenus, sustaining the State in every parti
cuar and orerruling all the points made Dy
the defendants, after which the Court adjourn
ed for dinner, the defendants giving notice o.
executions to the railing OF the Court.
/ All O'CLOCK the Court reaSscmbled and the
prisoners were arraigned. The Indictment
was read b. Mir. i, Z. Gary, after which the
lenge the array OF the panel OF the petit jury
upon grounds of irregularities us follows;
lst. Failure to set forth when the juro;s
were served. .
| 2tl. 1t is not sworn 10 Dy Ine suellH or his
81. Thc affidavit on the back is not dated.
4th. Failure to designate the place where
/ the Court is to be holden.
5tIi Tne tales Jurors were not drawn accord
Gih. That the vcnre is otherwise defective
and is not in accordance with law.
! The Court IS engaged in herring arSumen,
on tins motion ut this time, when the special
messenger employed by the NcWS aad COute'
| leaves here Tor Trenton to which point tile
dispatclluS have to be sent.
/ At n late hour this evening, after the lndlct
mcnt had been read Tho defendants counSe
abandoned the Challenge to The array of the
/ petit Jury aud made u motion lor II contlnu.
ancc of the case until the next term OF Cour
/ ON tic ground Of the absence OF Il nIInbcr O
their witnesses and the expected absence o.
| tIicutrnunt-tOvOrnUr sheppard, one OF The
coungcl, and Senator TaIbcrt, one of the de-