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

John Ferguson to fit this case" But the little
green book" was published in 1882, 1t is an infant, but
Nike the ''infant Hercules" it is strong enough 70
strange the States case.
ton were assmbl.d to pay o tribute to the memory OF
that truly great man. james Conner. Wneh your eo
temporary, Judge Magrath. spoke In eloquent TERM;
of the grand qualities of the deceased, no lnstancee
AS one of the most praiseworthy, that whether as At
torney General or 0s United States Distrlct-at Attorney
(fur he preceded the distinguished gentleman VINO slts
before me in both of those high Offices, ne never re
garded the prisoner as his enemy" Gentlemen OF tne
Jury, there are two ways in which you can act Us 1n'
rOrs In this ease.
viii you be Influenced by the evidence as given BY
the witnesses on the stand. or will you permit tue
S S;ctf 10y Yons G. H. NJ.
Mr.. Benet, continuing his argument for
Ferguson, said ut you fail to convict the
'"holding COUNSEL
The speaker then paid a most beautiful
tribute to the Jew, opening. with these strlk-
ing lines from Scotts lvanhoe:
"When Israel. OF tho Lord beloved,
Out Of the house of bondage came,
Her Fathers God before her moved,
An awful guide in smoke and hame.'
By day, along the astorished lands,
The cloudy pillow glidsd slow.
BY night Arabias crimsoneh sands
Returned the fired columns glow"
Notwithstanding all their good and beau
tiful history said Mr.. Bcnet, "p~ersecutlon
still pursued them; and even now, In Russia
prosecuted; but I am yet to hear OF any re-
Aigious persecution in Abbeville County,
Will you hang Ferguson for the sake OF en-
S SSas Eshe ia i%@lsf for the state Aau ask ky You to- to do o.
Gentlemen of the jury If the counSel lor FER
guson had not been satisfied OF his innocence
we might have stopped this trial long ago.
for the State has not even proved that Bene-
dict died from q wound inflicted by the bull
let proceeding from Ferguson's pistol. But
we do not desire to take advantage OF teen
stand on that. It has been called the Estates
piles Of insanity" and the Nevs and Couner
OF to-day heads its account Of this trial:
''Ferguson's second trial lor a i9ui mnroer:'
The prisoner has not pleaded self-defense,
though he might justly have done sol FOR
while temporarily insane he believed him
self to be In danger at the hands Of Benedict;
and SO BELIEVING, he 81 shot mn. ~ Oa tho case eos IS
a deranged drunkard killed his wife and his
two children, and then attempted to cut his
own throat with q razor. We claim that Fer.
guson took the life of his friend Benedict
while insane from, epilepsy in the milder
the press makes fun Of it! They spare net
e ensn Knoth n Of J oSsi Ferg gaH 'd died. Between
the first and second trial, the press asked If
she died of petit NAL?
The ounsel for the State claim that because
TIC UlTenlS anu Idlup1lCIl ~ VII W.
guson had never had epilepsy, therefore John
could not have had it. But it is we'll authen.
1icated that s~crofula, consumption and 9th.
'er transmissible diseases, may be inherited
record where "the child inherited physical
and mental qualities from q previous hus-
band of the mother"
"Tbe learned counsel for the State" lMr.
Houmans) spared not the parents nor the
afflicted wife of the accused. He dragged
them before the jury in a manner wholly
without precedent. he spoke OF ms wires
1% "fstltt crying " in the si night" Ny God! Can
not a wife stand by her husband in his hour
OF sorest need without being charged by the
%'counsel with coming into Court for the sake
Of effect!
Again the distinguished gentleman com:
plains because Ferguson has not been placed
upon the stand. Does he not know that IN a
criminal cause the very objection IS Itself a
looked IT we had placed upon the stand a
man who we claim was insane at the time Of
the killing, to testify rs to The events which
occurred when he was out OF his mind!
Much more remains to be said, but l am
unwilling to consume any more OF the time
OF the Court than Is necessary to the perform
ancc of my duty. I cannot praise too highly
the patience of your Honor during the stedi-
Gus ernpapelling Of the jury, the wearisome
examination of witnesses, ard the lengthy
Of counsel. Speeches In criminal
cases may be entertamg TO- a Jury, but YOU
to leave the law with the judge.
In closing Mr.. Benet said:
81 do not feel on this occasion oppressed
and bowed down by the conviction that the
audience are against my client, as l did at
the first trial of this cause. I can only ac-
count for the changed demeanor and aspect
OF this vast assembly, by surprising that the
spirit of the dead Benedict is present.
grave, where he lies In the blood stained gar
ments in which, according to the custom Of
his people he has been buried, he would say:
"Peace! I forgive him, for he knew not what
he didr' In saying which, he would only
initiate that great Jew. who, when nailed to
the cruel tree, his hands pierced by the nails,
his body batiied In the agonizing blood and
sweat, exclaimed: Father, forgive them,
for they know not what they orr