The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-02-11

Mr.. kalisky, sworn: I I'm merchan-
dizing here, know Ferguson, saw him in
my store on day Benedict was shot; he
asked If had any thirty-eight or thirty
two cartridges, I said l did not. He
said well | have enough anyhow to kill
a man ; He then cooked his pistol and
put some cartridges in, don't know how
many; [ don't think this was more
than two and a half minutes before Ben
edict was killed.
Cross-cxamined-First told this when
Ferguson. was arrested told it to Wade
Cothran, Sondley and Visanska; | was
very busy in my store; didn't mention
about cartridges until three or four
O'Clock. Ferguson was in my store for
ten or fifteen minutes. didn't try to
recall who was in my store when Fergu-
son asked for cartridges !; customers in
store might have seen pistol. Had no
spoken to Benedict for over a wear and
q half. Mr.. Auerbach and myself arc
not friendly. l am an %Israelite, Bene-
dict n Auerbach are Jews also. Fer
guson generally bought 38 cartridges.
Solicitor Orr, here announced that the
State would. rest.
MIR. Bcnct for the prisoner. raised the
point that the State was compelled to
put up cvry eyewitness to the killing
and give the prisoner the benefit oil
cross-examining them.
The Judge ruled that the State was
not bound to put up any witness, which
in the judgment Of its prosecuting Off
Ger, would injure the States case, o,
even lean to the other side. Defend.
ants counsel excepted to this ruling.
MI. Benet then made the point thai
the State was compelled to examine ali
witnesses whose names were on the
back of the indictment.
His Honor ruled that such was the
case. unless the Solicitor could satisfy
the Conrt, that he had good reasons for
not so doing, and Of those reasons he
was peri ~ satisfied. Defendants
copr :...-pted also to this ruling.
&c request Of defendants counsel
the Court took a recess until half pas
two.
Martha Wharton, colorcd, sworn
John Ferguson's nurse; had charge Of
him three years; had spells he would
fall; have to carry him in the house; rut
him with camphor and things; trouble
seemed to be in his head: couldn't tel
his age: more than a year old when
first went there; he was walking; he
had these spells right often, sometimes
couldn't tell how eftcn.
CreSS-eXamined-I can't tell how
old ] am; about IS; | could not tell how
old Mr.. Ferguson is; couldn' tell who
was the Doctor; saw the Doctor: tlidn't
know him; didn't send for Il Doctor Of.
ten, they knew what to do they did
send for a doctor; couldn't cxactly tell
how long SIT was when ! belonged tu
them. in time Of the wnr; couldn't tell
how many times sent for doctor: chill
dren younger han Ferguson right smar,
difference in ages OF children | was
certain to be there when he had these
spells don't know how old when com
lnence nursing him.
Mrs. Susan Ferguson, sworn An
mother Of the defendant Martha
Wharton was eight years old when she
nursed him ; Johnnie was better than
q year old ; lived Mt the Lites place or
the other side of Long Cane DR.. James
Mabry, who is dead now, attended him
John had spells sometimes when out in
the yard, and would he brought in. the
house pale and senscless would no
send for II Doctor, because he would be
over them before the Doctor could Gel
there !; John when n child would scream
un%naturally when asleep | knew nr
cause for it none Of my other children
were affected in this way have seven
living children and three dead John
was the oldest son and was next to the
Oldest child he is twenty-threc year.
old, is married and has one child has
beon married two years last December
spells spoken Of left him when four o,
five years old have observed a return
of them about three years ago, cam
home with them in 1881 looked pale
and low spirited +; went out in the yart
| and caught a negro by name of Ton
Berry, in the collar, called for an ax anG
said he was going to kill him he lej
him 80 as soon rs he saw me saw nc
other spell after that till 18th Of Decem.
Der; he was at our house at that time
looked very sad and pale had eresip.
elias in his leg at that time, which was
giving him great pain !; he had looked
sad and depressed all year; I noticed il
especially after the 18th Of February he
was stabbed in the back Mt that time
seemed n bad wound, for it gave him
great pain !; from that time he has'n,
been like he was before !; had been tc
Ninety. Six to IL wedding on the 10Th De-
cemher; he had not been drinking to
my knowledge; he was restless OH Fri.
day night before Christmas ; said hi.
leg gave him such pain that he couldn't
sleep he didn't seem conscious of what
he was doing after he came from Ninety.
Six saw him next morning : s"cmrd tc
be sad looking, and hadn't much to say
said he wished he was dead. for ever,
body was against him l always felt un.
easy about him 4; Lizzie, my oldest child
died in 1873; she was subject to these
spells in her tenth wear had them
about six months before We got them
stopped /; she foamed at the mouth an6
became black in the face sent for DR.
Roberts to- see her; was living at Cal.
houn's Mills then /; he gave her vera.
trum :; she was nearly thirteen years
old when she died was never strong Of.
ter those spells; I thought it was hare
study that gave them to her she had