The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-10-28

been upon q debauch. that he was getting So
Der his condition Of mind might naturally
have been excited-too much 80 for sleep.
If to THIS be ,sdded Inc Inc rePro sonae of o. tn a
folly and sin of the course he was pursuing,
his demeanor might naturally have been
such as to alarm the fathers heart. II he mad
put a thief INTO his mouth to steal away ms
al, even If that father, to aid his son in his dire
extremity may have painted this scene In a
light rendered sombrc by his woes. The record
the traces of that fathers sin, even If he had
yielded to nature voice, and sought to shield
his frst-born by an exaggeratlon OF the facts.
1t saems that the father did not wish him
made arrangements whereby, his wife could
q wedding at her fathers whilst ne,
the prisoner, could remain OF his 1athers
house. away from the temptations Of the
enough to carry out this arrangement. The
thirst of dissipation was was upon him. lie
came to town. left his wife and child at her
ather'sa and at once begun 10 infialne hlmseii
means drowned ali compunctions of con-
science, he sets to work deliberately to carry
out tht purpose entertained In his heart Oh
Staying the man with whom ne had qoarrei,
necessary to prepare for the awful deed,
bis Intention to O friend, n loads
his weapon with care.
What carried him to the place OF business
of the deceased? What did he 60 there for ?
Why carry q loaded pistol? Why cock That
pistol and remove it from one pocket to q
more convenient one? Why wait patiently
We're done in q State of somnambulism. or
when the mental powers were suspended, SO
that he was unconscious of what he was DO
ing; how does it happen that after firing the
was wrong, and needed excuse? How was 1t
that he could frame excuses, three in number,
either one of which would have been o de-
fence to him If true? How was 1t that he
changed them as lmpossibility Of maintain.
Ing them appeared? If he were unsound Of
min or epileptic, and these facts were known
to his family, why was 1t not then ANNOUNCED
to the horrortstricken people Of Ab beeS NE
physicians called to examine him, then and
? How was it hat his unnatural ap-
p~earance did not manifest itself to the Mar.
shall and l%ntendanC with whom ne conversed?
uearancc and offer bail? Why was 1t that
these symptoms did not manifest themselves
when he was being taken to jail? what were
fore taking his life? No one but he could tell,
aud he has chosen to stand mute. It would
seem from what has been said, that the de-
fence has failed to establish the facts upon
which their theory rests; Il were this all
which the prosecution had to contend
it would seem that there would be no doubt
what this verdict must be. Bat there Is q 81
lence more eloquent than speech, ana there
not. Benedict Is dead, and the prisoner lives.
Human sympathy naturally tends to the liv.
ing as against the dead. The stricken parents
o the prisoner, his us ;YS G;apig wire lie ; and younger o. gel
thy, and 1t is given in no measured degree.
of US must feel for them, and If this were
the place, and this the time for the exhibition
Of such feeling, none would commend 1T more
than /. The misfortune Of these people does
not arise from the position which the prison.
err now holds at the bar. Their trouble cannot
be relieved by anything that You can do. It
Is not the Jeopardy OF the prisoner when al.
consciousness Of the great wrong which he
committed burns into his soul and theirs.
You cannot Ielieve 1t unless
Thou canst minister to a mind diseased
Pluck from the memory q rooted sorrow;
RAGE out the written troubles OF the hrin,
And with sumo sweet, ObliyiOus antidOtt,
Cleanse tho stuff d bosom of that perilous stuff,
Which weight upon the heart"
the fatal bullet which he sped, see his quon-
dam friend once more in life n health, then
indeed would peace, and Joy and hope return.
Without this nothing can aid him now. 1.-The
atone here for the great sin he has committed
he may have peace hereafter, but If he goes
hence, unscathed of justice, forever and for
before his mental vision must be the
form OF him whom he sent hence "~unhouseled,
made, but sent to his account with all bis I'M.
perfectlons on his head. Oh, 1t is pitiful, most
pitiful. II you have nature In you, bear It
not. You are here in the gravest position that
men can occupy. Tho scales of Justice, hang
on high. and It is for you to see that against
all the sympathies Of human nature o cast
weight Of duty. That word which con-
all the compensation OF existence.
When OF the capes OF Trafalgar Vis-
fleet, encountered the allied navies Of France
and Spain, he ran the signal TO his mast
head, ENGLAND expects every man to do his
So here to-day South Carolina from
cry. You are expected to do your duty this
day, regardless Of conseque nces." This IL the
of justice, and not the hall Of mercy.
When you shall have done your duty, when
nay come when an appeal for mercy may
well be made. That is not the duty of this
hour. You are sworn to try the issue between
the State Of South Carolina and the prisoner
the bar, and q true verdict render accord
If there is a blot upon the escutcheon of
South Carolina this day, it Is that lawlessness
.peryades the land: II there lisa blemish
land are not fearlessly enforced by the juries.
We 10 not ask You to find an innocent mar
guilty for any such reasons as these, but we
ask that you do that which your con-
demand. We ask you osay on your
oaths whether the prisoner is guilty OF the
charge or not guilty, and binding yourselves
to oil outside considerations, we call upon
you now to write such a verdict in this case
rs will make the law hereafter what 1t should
be, a terror to all evil doors. It Is not VEN
yeance that we seek. The State does .soCl
the blood of1eny or her children. Ills
he ySsanpie winch Is needed. Unless you do
our duty here, next week may have its tale
t blood 10 record in your county. If you
urn this prisoner loose you give him q carte
to shay whom he chooses. Your YER
let will huvNestablished a fact that lie Is not
esponsible to ME- law. Yet you will give him
'erfect freedom No walk your streets, to carry
.eadly weapons NO take any life or destroy
property without the fear Of conse-
.uences. Are you\prepared to do this? II
the future historian of your country will
prite that liberty in your land was sacrihced
license and freedohp, deriven from her
dopted home by the npcurbed passions Of
our rising generation.
Speech of L. W. Smith, Esq.
Time: 10 so to 11.tO-1 hour.
After addressing himself to the Court as to
no law applicable to the d~efendapts case
If. Smith spoke to the jury in substance as