The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-10-28
Speech OF Hon. Leroy F. Youmans,
OF Columbia.

It has been charged hat the State Is pursu
Ing the prisoner ut the bar, that we are .perse
there Is for this, I will call the attention OF tn!
defense to the fact that in England .ns:a great
many years ago, ~theaaa1sed was not permit
ted to see tbal1ldlctment. Now, the prisoner
sees " three days before his nrraignment.
FORMERLY, the accused was not allowed to
have counse at all, afterwards he was per-
mitted to have counsel; but the attorney rep
resenting him could cross.examfne witnesses,
cused before the jury. Now, not only, can the
accused have any number OF lawyers he wish.
es, but II he be unable to pay. for an attorney,
attorney has every opportunity Of addressing
the jury, quoting the law and putting up his
own witnesses. No clamor nor pre- udice can
deprive him Of bis right to q fair and impar-
tial trial. With the almost unlimited right OF
challenge, an innocent mar Is morally certain
OF an acquittal.
Our appearance here is no reflection upon
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 on.
ly argues something unusual In the case. 1t
ties, by the Grand Jurles, that there should DO
county attorneys, to assist the Solicitor be-
cause of the superior local knowledge such Of
flcers could command. In the case at bar,
account OF the ability of the famous lawyers
who nave from time immemorial graced the
good old county of Abbeville. Why, may II
please your Honor, AbOevilIe county Is Inc
It is we'll In the beginning to understand
what murder Ia. The books define murder to
be 1.-THE killing OF any person, with malice
aforethought, either expressed or 1mpiiea.tt ,o
main features in this cese. 1tisin proof that
there was q difficulty between the prisoner
and Benedict: II in Is Proof that the ,R Gf,son nse
q damned liar" How can you insult q man
more than by calling him "a damned liar 2"
Truth Is characteristic Of q gentleman. Truth
great Cyrus, the conqueror, Of the world,
taught the Lacedomonians three things: to
shoot the bow, to ride well, and to speak me
f EusIisb i lafsrn are s sar WSicb Tvs" q m moraI is N more ore
apt to receive a blow than damned lie." l
ain aware. that according to our law, no
words justify Q blow, but few men can pc
out striking his adversary to the ground.
Benedict's harmlessness is proven by the fact
that he simply replied to Ferguson's most
insulting language, You're another" There
by an old gentleman. who heard nothing ex-
cept the words. which ! have quoted. This
quarrel took place IN front Of Aperbach's
that ferguson stood upon the street, but Ben
edict was in his place of business, where he
should nave been. There must have been
t6ere, sp Where we have him Using f tbesss
most approbious words to Benedict.
A short time after this d. difficulty the prison
or comes here under peculiar circumstances .
He had made a promise to stay home,,a and his
father had arranged to have his wife brought
to town by his younger brother. But tho
prisoner breaks the agreement, and accom-
panies his wife TO the town, What was his
conduct on that day? After leaving ms WHO
at the house of Mr.. Brooks, her father, ne
comes down. on the street We 1nd MN
armed, with his pistol in his pocket. Then ne
goes to Kalisky':s store, where b gea as eaiy
bre, Kalisky had none to fit. He thereupon
runs his hand into his pocket, draws out car
tridges and says: "Here's enough TO Kill a
man." e..
other elements: the drinking. Of poison
Gus alcohol md the use OF the nimble Pistol.
We find him going to barrooms and drlnklng
freely, n we find him parading your streets
with q pistol in his pockets. These elements
and these habits, nine times out often,
are prominent actors In oil the crimes
Which. are. committed. Then he tak ne )
O drink; whether two glasses at O Time
or not. Then follows the effect. Then
comes the staggering against Martin. Then
he asks Martin to go with him and see MN
XII! "a damned Jew" Martin says, cP tei
mas. That glorious day, morc'giorlous than