The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-10-21

| VI.
The first case heard was mn appeal from the
Trial Justice Court. The defendant DOck An.
drcws had refused to work The roads. and put
the excuse that I've had worked six extra days
on the road during the two previous years.
and that therefore he thought he had lnstin.
sustained the Trial Justice. uemphill Il CAL
llouu for defendant.
TUESDAY MORNING. October oo, 1885.
Court convened promptly at hali.rast. nine
O'Clock, His Honor Judge Wallace presiding.
solicitor j. l.. Orr, Stcnosraphcr ". Aiken.
Clerk NJ. G. Zeigicr, Assistant Clerk l.. i. Con-
ncr, sheriff J.. F. I. Dupre and members OF
the Bar, were In their places ready for the dis
change of their respective duties.
Reporters for the NeWS ana Courier, the Co
innnbia Register, the augusta Chronicle. and The
,o"al press were understood TO be present
ready With pencil aud paper 10 note whatever
Of interest might occur.
That portion of tue seats which are usually
set aside for colo,ed spectators was almost
empty, not more than two dozen dusky faces
being visible. On the opposite side, where the
white people sit, nearly every seat was taken.
The Clerk called the roll OF Jurors.
The case Of the State against John c. Fer
guSon Was called at ten minutes before ten
O'Clock. Solicitor Orr, MeSsrs. Leroy F. You.
mans, NJ. l.. Bonllam and VIC McCiowan APP
smith and Eugene b. Gary, represented the
prisoner ut tho BAR.
Witnesses for the State were called by the
solicitor. nc witnesses LOT Tile QcIeuCC WERE
called by l.. W.. Smith, Esq.
IIcttic Bolton and Lucy Sanders rot an
Swering to their names when witnesses for
the State were called, were called again with.
out response. The Court directed the Sheriff
to send for them. Waiting for their appear
ancc the business OF the Court was suspended
for about fifteen minutes.
At ten minutes past ten o'clock the prison
er, John {. Ferguson, was brought from the
Jury room, when he occupied the bench in
the dock. Tue prisoner seems to be somewhat
i%ndisposcd, and during the time while walt
ing for progress in the trial, lie was allowed to
retire to the jury room, that he might be more
at ease or more comfortable, or perchancc
that he might be freed from the gaze OF the
crowd. HIS manncrinulcates an appreciation
OF the gravity OF the situation.
The question rs to whether the prisoner
should he arraigned. The Court. expressed u
perfect Willingness to accedc TO the wishes OF
the prisoner In this particular. Solicitor Orr
said that he had been nrraigned at Il previous
Court, and it was his custom 10 have the Clerk
commence with these good and lawful men,"
&c., of the ~arraiSnnent. Mr.. Bcnet, OF coun-
sci for defense said that the prisoner desired
to enter II plea OF mot gu~il:y-becagse OF uii.
souudness OF mind at the time of the homi.
cidc"-he desired to enter 4 especial plea"
The Court so consented and the Clerk pro
cecded TO call the roll Of 'thesc good and law
tul men, who were to compose the jury, and
set upon the trial. The first juror who was
Il. l.. Clinkscales-State ordered him to
| stand aside.
j. \. Cochran-at request Of prisoner, sworn
on his roir dire.
Court-Huvcy you any bias lOr or against tne
prisoner?
Juror-No. l nave no bias or prejudice in
the matter, but l have formed an opinion.
Court-Is that opinion Of such 4 nature as to
affect your Judgment, and TO prevent you
from givin. a fair and Impartial verdict
Juror dom know but that 1t might.
~Court-Sland aside.
W.P. Devlin-Sworn on roir dire at request
Of nriSp,nr This fnror Ind M HIM nr nrpfn-
dice in the case had formed no opinion ; was
no kin to prisoner BY blood or marriage, and
knew OF no reason why he should not give an
impartial verdict Prisoner objected to him.
A. T. Robertson-At request Of prisoner
sworn on TOR dire. Like the preceding juror,
he seemed 10 possess the necessary qualitica-
tions. but he was objected to By the prisoner.
| 7. NJ. Knox was next called, when tle state
ordered him to stand aside.
A. J. Woodhurst-At request OF prisoner
sworn Oh uoir dire. He had no prejudice or
opinion as TO the prisoners guilt or limo
cence. He thought that opinion would not Of
feet his judgment In sitting OH the case. lie
could take the oath to give the prisoner q falr
and Impartial trial. Ho Is no kin 10 the pris-
oner.
At this point Mr.. Benct attracted the atten-
ton of the Judge.
desire TO ask the juror any questions?
Mr.. Benet-Would 1t not be we'll TO ask the
Jurors upon what circumstances or facts they
nave D;lSeQ tnelr opinions IL H1lEuI Ue Well
to ask them If they had read the very full ac-
counts of the previous trial as published In
the Press and Banner and the Messenger. Their
opinions might be based ON that fact.
immatcrinI. That fact would moi disaualify
them from sitting as jurors on the case.
Solici,or-From The jurors oath, 1 would
say that he is competent 10 sit on this case.
Court SEQ no reason for ordering this Ju-
ror to stand aside.
W. p. Wideinan-At request OF prisoner was
sworn on his toir dire. He had no bias or pref
udicc. Hal formed an opinion.
~Court-Upon what facts or circumstances
did you predicate your opinion?
Juror-I formed my opinion from what l
Court-If sworn, could you render q fair
and impartial Vcrdict7 Can you luke tue
Juror-No, sir.
Court-Stand aside.
Robert w. Hester-State ordered him to
stand aside.
Jumes q. Evans-At request Of prisoner,
was sworn on his roir dire. This juror swor
that lie had no prejudice or bias that he had
formed an opinion that he Is no kin TO the
prisoner; and that he knew Of no reason why
he could not render II fair und impartial YER
dict. Prisoner objected To him.
J. {. Jennings-sworn.
IL. II. Clamp-At request of prisoner was
sworn on hts rOir dire. He had no bias or pref
udicc; had formed III opinion, which might
affect his Judgment.
! Court-Stund aside.
c. NJ. Caihoun-At the request Of prisoner
prejudice whatever, though 1t is possible that
he had formed or expressed an opinion.
Court-Is it of such Il nature as to affect
your Judgment in giving a verdict?
Juror-SO, sir.
Court-Are you kin to the prisoner
Juror-No, Sir. :,
Court see no reason why this juror should
not be sworn.
Prisoner objected.
w. 4. P~owell-Sworn.
q. w. Milford-At request Of prisoner was
sworn on his roir dire. lie had no prejudice
or bias, but had formed an opinion. and was
, afraid 1t was Of such q nature Us might affect
his Judgment.
Court-Stund aside.
Jerry Bacon, c~olored-Sworn.
Samuel II. BenjaInin-At request Of pris'
oner was sworn OH his roir dire. He had no
bias Or prejudice; had not formed an opin.
ion and knew Of no reason why he should
not sit rs juror. Prisoner objected.
Il. W. Miller-State ordered him to stand
aside.
a. Nj. E~rWir-Stlte ordered him 10 SLnd
G.. f. McIlwaine-At request Of prisoner,
sworn on his rOir dire. He had no bias or
prejudice, although he had formed or express
Court-ls it of such o nature as to prevent
you from taking an oath to try the case7
JUROR can't take the oath.
~Court-Stanu aside.
John NJ. Nasor-At request OF prisoner he
was sworn on his TOR dire. lie had no bias
or prejudice; had formed an opinion.
Court-Is that opinion OF such n nature as
to affect your Judgment on hearing the EVIL.
dence?
Juror-It might have some.
Cuurt-Stand aside.
w. S. Cothran-Slate objected to him for
cause. This Juror being q witness In the cnSe.
W. D. Mars-State ordered him to stand
aside.
Charles s. White-At request OF prisoner,
sworn on his roir dire. He had no bias OF
. prejudice, but had formed an opinion, which
! opinion, lie said, might affect his JudS;L ent,
and the Court ordered him to stand aside.
j. p. Riley-!At request Of prisoner this juror
was sworn on his roir dire. He had no bus OF
prejudice. but had formed such an opinion as
T might infect his Judgment, and therefore
: could not u k the oath. The Judge Of course
Z ordered him 10 stand aside.
Soiicitor-I understand, your Honor, that
, this Juror Is kin to the prisoner.
juror am not kin 10 him, but am sec
oud cousin TO his wife.
~Court-Ihat would dIsqualify you. Stand
G. a. Douglass-At request of prisoner was
sworn OH lis roir dire. He had no bias OF
! prejudice, but had formed an opinion Of such
. 4 nature as it might affect. his Judgment.
Court-Can you take the oath?
Juror-NO, sir.
~Cuurt-Stand aside.
I. 2. Quarles-At the request Of prisoner
was sworn on his roir dire. Ho had no peel
udicc, but had formed All opinion, which he
thought would not affect his Judgment. Wa
no kin 10 prisoner. Prisoner objected.
Dennis Neutrality-suspicious. objected.
J, NJ. Giles-At request of the prisoner was
sworn Oh roir dire. He had formed an opin.
ion.
Court-Is It or such a nature rs to prevent
YOU from giving u FUR and Impartial judg.
mcnt?
Juror-I don't think so.
Court see nothing in this juror to dis.
qualify him from sitting on the case.
Prisoner objected.
II. E. Ucnderson-Sworn.
Samuel Wllson-At request OF prisoner was
sworn on his roir dire. He had no bias OF
prejudice, had formed no opinion. was no kin
TO the prisoner, and was otherwise qualified
TO act as juror-and was sworn.
III. u. Recse-At request of prisoner was
sworn on his rUtr dire. Had no bias er preJu'
dice; had formed an opinion; could not take
the oath to act as juror. and was ordered to
Ict,,,d ,si1a hy fhp (onrf.