The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-10-27
The Arguments.
Speech Of Gen. Il. w. Noise

Speech Of Gen. Il. w. Noise.
The State has established all the facts
which are necessary to make good the charge
MS laid in the Indictment. This is not denied
by the prisoner or his counsel. But as a mat
ter of defense it is claimed that the prisoner
was not guilty of murder, because of an un-
sound condition of mind, supposed to exist 1T
the time when the killing was
With a view to establish this condition., it is
attempted to show that the prisoner from an
early age was liable to occasional attacks of
some character Of sickness which the defense
claims were i'll the nature of epilcpstoid seiz-
urcS or mild attacks of that form of cpilcpsy
which is known as petit NAL. The defense has
failed to make legal proof of this disease, no
matter how mild IN it's nature ut anv time.
The most it has accomplished in that line has
been the production of evidence going to show
that in the early stage of the prisoners life,
to wit: From one to five years Of age the
prisoner had been subject to certain spells of
some character of sickness very temporary in
it's nature and of so mild a type that medical
skill had never been invoked with Il view to
suppress it. In these infnntile spells the
patient is said to have exhibited pallor and to
have lost consciousness for some very short
period, but there is no evidence clearly cstab-
fishing the supposition that such attacks were
of epilepsy in any form. The pallor which is
relied upon, is not regarded by the authority
which the defense place it's most utmost conf
dence III as an infnllible sign of epilepsy in
any form. See Hamilton on medical Juris-
prudence, page PA, nor was there any other
conclusive evidence that these spells, as they
are spoken of were e~pileptic in their nature.
In order that the accused could succeed in
establishing the defence intcrposed in this
case it is necessary they should prove affirmu-
lively that at time the crime was committed
the prisoner was not of sound mind, and this
cannot be done by showing a certain condition
of facts from which an hypothesis might be
formed that he might have been of unsound
mind at such time nor even that he might
reasonably be supposed to have been affected
by disease previously existing. The burden
Of proof is upon them to show not that he
probably was, but in point of fact, that he re-
ally WIS imbecile or of unsound mind ut the
particular time when the offcnse was commit
ted.
The next step in the chain which the defense
has sought to forge in this case is TINT during
the school days of the prisoner he had been
seen ON one or two occasions to exhibit symp-
toms which might have indicated disease of
some character, or fa%inting spells, ut least, but
in no case has it been shown or even attempt
ed tn be shown that any medical man had
been called in, and had expressed the opinion
that that the prisoner had at any time in his
life labored or suffered under the disease
known as epilepsy III any form. So that it is
not proven by any competent testimony that
the prisoner at the bar ever was an epileptic
1T any period Of his life, but on the contrary
it appears that both his parents are now living
and neither of them are tainted with such dis
case. That he himself is before the Court
and does not present the appearance OF one
who has suffered thercfrom. His fathers
family physician has been examined, and he
states. that he never heard until this trial that
the prisoner was affected, in that manner. II
is said however that he had n sister who had
suffered somewhat in her youth from similar
disease but it is awell recognized doctrine that
disease does not descend from sister to breth-
err. Nor is there the slightest proof that the
sister ever had an attack of e~riIensv in any
shape, or had ever been ~trcate.' therefor. it
is alleged that she had been given vcratrum
in solution, but it has not been shown thar
this medicine is peculiarly adopted to epilcp-
TIC cases. On the Contrary it appears that
the evidence that liz used in that large class
Of ailments which are known as diseases of
the nerves.
1t is said he threatened to commit suicide
when reprached with his selfish indulgence,
ardof neglect of duty to those dependent on
him. His father says that OF that night he
remained in tho same room with him. He
says the boy was restless. Could not sleep,
and to use his own words, appeared to be
plum crazy. Well, if it be true that he had
been upon n dcbauch, that he was getting so
Der, his condition of mind might naturally
have been excited-toO much so for sleep, and
if to this he added the rcproachcs of a con
science awakened then to u sense of the folly
meanor might naturally have been such as to
alarm tho fathers heart. If he had put a
thief into his mouth to steal away his brain
he might well be regarded as Irrational, even
if that father to aid his son in his dire extrem-
ity may bave painted this scene in a light
rendered sombre by his woes, the recording
angel would with a tear obliterate all the ira
ces of that fathers Gin, even if he had Weld
cd to natures voice, ane sought to shield his
first-born by an cxageration of the facts.
1t seems that the father did not wish him to
come to Abbeville on the following day, made
arrangements whereby his wife could attend
a wedding at her fathers whilst he, the pris-
oncr, could remain at his fathers house, away
from the temptations of the town, but the
young man was not ~resolute enough to carry
out his arrangement. The thirst of dissipa-
ton was upNn him. He came to town, left his
wife and child at her fathers and at once be-
gun to inflame himself with poisoned alco-
hol Having by this means drowned all COM
FUNCTIONS of conscience he gets to work DELHI
erately to carry out the purpose entertained
ia his heart of shaving the man with whGau Lie
had Guarrc!ied asfew days bacS..
Wa.st caIgieaEim 70 tie. place OF business
Of 'hc eccased ? What did M so Ei,ere for?
Why c.yry 4 loaded pistol Why cock thai
pittut and Yeu;oye It trop, enc pocket to a
Moro convenient one2 Why wait n.tiau.iy
until his victim approached? If these acts
were done in q state Of somnambulism, or
when the mental powers were SUSPENDED, so