The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-10-27
Speech of Hon. Leroy T.. Yommans,

Speech of Hon. Leroy T.. Yommans.
1t has been charged that the State is pur-
suing the prisoner at the bar, that we are per-
scouting him. To show how little foundation
there is for this, 7 will call the attention of the
defense to the fact that in England, not Il great
many years ago, the accused was not permit
ted to see the Indictment. Now the prisoner
secs it three days before his arrangement.
Formerly the accused was not allowed to have
counsel 1T all; afterwards he was permitted to
have counsel, but the attorney representing
him could cross-eXamine witnesses. but could
not advocate the cause of the accused before
the jury. Now, not only can the accused have
any number of lawyers he wishes. but if he be
unable to pay for an attorney, his Honor will
assign counsel to him, and his attorney has
every opportunity of addressing the jury,
quoting the law and putting up his own wit
nesscS.. No clamor nor prejudice can deprive
him of his right to u fair and impartial trial.
With the almost unlimited right of challenge,
an innocent man IS morally certain of an ac-
quittal.
Our appearance here is 10 reflection upon
the Solicitor. We can only come into this
court at his invitation. The fact that the So
licitor has chosen to have other counsel should
not weigh for or against the prisoner, but only
argues something unusual in the case. 1t has
been even recommended, in some counties, by
the grand juries that there should be county
attorneys to assist the Solicitor because of the
superior local knowledge such officers could
Ill Tue CaSc III the oar, InlS DC
comes more than usually necessary on account
OF the ability of the famous lawyers who have
from time i"mmcmorial graccd the good old
county of Abl,eviile. Why, may it please
your Honor, Abbevillc county is the mother of
Judges, and is still breeding them.
1t is we'll i'll the beginning to understand
WHIT murder is. The books dctiue murder to
be 1.-The killing of any person, with malice
aforcthought, either expressed or implied"
You have abundant testimony as to the
MAIN features in this case * in nrpDf that
there wps Il difficulty between the prisoner
and BENEDICT. 1t is in proof that the prisoner
used the most insulting language-"iou are
a damned liar.'' How can YOU insult Il man
more than by calling him "a damned liar?"
Truth is characteristic of a gentlcnan-truth
IS the characteristic of Il brave man. The
great Cyrus, the conqucror Of the world,
taught the laccdomonians three things-tc
shoot the bow, to ride we'll, and to speak the
truth. There are scarcely two words in the
English language for which Il man is more
apt to receive a blow than 'damncd lie:" l
nm aware that according to our law no words
JUSTIFY u blow, but few men can be found who
would take the damned lie" without striking
his adversary to the ground. Bcncdict's harm
lcssncss is proven by the fact that he simply
replied to FcrGuson's most insulting language,
ou'rc another There are evidences Of a
quarrel which were related by an old gentle
man, who heard nothing except the words
which | have quoted. This quarrel took place
IN front of Auerback's store, Bcncdict's place
OF business. 1t is true that Ferguson stood
upon the street. but Benedict was in his place
Of business, where he should have been. There
must have been some special reason for Fer
Euson's going there, where we have him using
these most bious words to Benedict.
A short time after this difficulty the prisoner
comes here under peculiar circumstances. He
mad made a promise to stay home, and his
father had arranged to have his wife brought
to town ny his Younger brother. But the
prisoner breaks the agreement and accompa-
Mss rs VITA n fhn fAk.,, lNl-t ,
duct on that day? After leaving his wife at
the house of Mr.. Brook , her father, he comes !!
down on the street. We find him armed, with
his pistol i'll his pocket. Then he goes IT, ka-
cartridges. Wanted 81 or IS calibre; Kaiisky
had none to fit; he thcrcupon runs his hand
INTO his pocket, draws out cartridges and saws,
Heres enough to kill a man.
nal next, gentiemcn! Now comes in other
elements-tnc drinking Of poisonous alcohol
and the use of the nimble pistol. We find
nm gong to barrcolns and drinking freely,
and we find him parading your streets with a
pistol an. his pockets. These elements and
these habits, nine times out of ten, are Droini-
nent actors in all the crimes which arc COM
mittcd- Then he takes 81 drink, whether two
glasses at Il time or not; then follows the effect:
.hen comes the staggering against Martin;
him kill III @ "ss dam Marf d!e TO 60 N with him and ad, sec
40 It," This WINS on the day before Christmas;
Lhat glorious day more glorious than all other
days-the day on which our Lord and Saviour
was born-a day when men forgive their enc
mies, and peace and goodwill prevail. The
streets arc crowded with eager buyers, both |
black and white, making purchases to gladden. |
the henrts of loved ones at home. This very !
store was crowded. everybody wanted to be
t ser ssiI IL Benedict g d was getting a pair of shoes
ready there, watching his .opportunity-lying
IN wait. lie takes his pistol out Of his HID
pocket, cocks it, puts it in his ovcrcoat pocket.
benedict, all unconscious of the intention of
the assassin, reaches over to get the shoes out
that no person hears it; Benedict himself did
not near it,and only he who refuses to tell
guson had called him ga damned liar" Benc-
anct said: "Mhat did You say" Then Eergu-
son hrcs: What's that? If rot murder, how
can you spell iti 1t has in it, gentlemen of
the jury, every one of the elements of murder.
AN, gentlemen, it is worse than the ordinary
crime of lying in wait. Ferguson goes to Bcnc-
diets place of business; he goes to the place
OF the nina Of the Crcator-"in the swca.
OF thy face shalt thou eat bread" Ferguson
lies in wait Tor Benedict in his own house, his
own home; for it was his home, his very castle!
lie lies in wait to present his pistol. Bear in
MIND NJ gentlemen ,hs Of the jury, the antecedent
preceding quarrel, a deliberately planned
scheme to do bodily harm. Nav, to do more.
to xii a damned jew" He stimulates him.
self with liquor, and nerves himself to a horri-
bic deed.
When Ferguson was arrested, what did he
say! benedict was trying to kill me-" "com-
ing dOy b Oh me-" "trying to cut me-" II
would Seem from this that his thoughts first
turned to the possibility of escape. "Don't
carry me to the guard house," "let me give
Now, let ns examine into the character of the
defense which has been set up for the prisoner