The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-10-27
Speech Of l.. w. Smith. ESQ.

After addressing himself to the Court rs to
the law applicable to the defendants case, Mr..
Smith spoke to the jury in substance as fol-
lows:
Gentlemen Of the Jury:
Notwithstanding the great difidcncc | feel
IN raising my feeble voice in ii case of such
magnitude and Importance, still 1 am glad to
be here, not glad that poor John Ferguson
should by n seeming rash act have involved
his family and himself in so much trouble and
woe, but glad to do my little part in aiding tho
defense OF one so oppressed and so deserted,
III a case which not only involves his lite, but
affects the lives and liberties of rs all. His
cause Is my causc-Our cause is yours. and
yours involves nothing less than che. liberty
and happiness of every citizen of this grand
old county. Not only gentlemen do YOU pass
upon the solemn issue, whether John C.. Fer
guson is guilty of murder, but your delibera-
lions have a still higher and nObler aim, You
are to prove to this State and County after all
that has been said in this case, whether n man
can receive fair and impartial hearing at the
hands Of Il jury of his csuntrvmcn and nccrs
Can you listen alone 10 the evidence heard
upon that stand aud apply. the law as ex-
pounded by his Honor. or do tic solemn facts
told here by rc!lublc witnesses, come to- your
ears under the heightened pressure of \ mis-
taken public zeal? Is John Ferguson to bs
convicted as matter Of public expcdience, or
Is he to enjoy the great and noble protec ion
the law allows, and receive from you an un-
biased and impartial verdict ? If such then is
the issue, truly is his cause ours and ws
should see to it that he be allowed all the ben
efits and privileges the law in its great wis
dom allows.
This gentlemen, You no doubt have resolved
I" q" when taking The oath as Il juror, but no
matter how pure and just your intentions Won
may be unwittingly led astray.
An horrible and revolving homicide has
been committed. We admit all the gentlemen
may say on this point; itmay have few equals
IN thn nrS,,l If ,rA. lk
ether considerations to enter your minds than
the facts III this case, you will be committing
a more horrible, more cruel and more dcliber-
ate murder than any | can paint; and while
you may not answer ut this bar for the same,
still there Is another tribunal where no secrets
are id, before which you must appear. and
God grant you may acquit yourselves we'll.
(Mr. smith here commented ON the numer-
Gus array of attorneys for The State as un-
prccedented, and inquired into the reason of
this DEPRESSION. After exhnrting the jury to
brace themselves against the c!ouuencc of
States cou,isels and the power of the press,
he continually:
All we ask is for you to give us an impartial
hearing. AS God is my witness We are sim
ccre in our defense, aud while the defense of
unsoundncss Of mind is always viewed with n
suspicious eye by the public, you have no al
Tentative but to listen to it, and the gravity of
this case should admonish you to be patient,
that you may hear.
We do not contend that John Ferguson ever
was or is even now a lunatic or insane being.
but that at the time Of the homicide his mind
was so diseased by epilepsy, rendered more
violent in its destructive force by lonp-con-
tinued and habitual drinking, that his reason
was dethroned and John was unconscious and
therefore irresponsible of the crime he was
committing. Epilepsy and alcoholism are
either sufficient to dethroDe the reason and
render mind unsound. How long do you sup
pose ones mind can last if both these loath-
some diseases operate at once?
I(The speaker then entered into a discussion
OF epilcpsy-its divisions, symptoms, prcdis-'
posing causes, &c.)
The only source of accurate information we
have is from the medical boIxs Oh this sub
ject. No doctor who has testified on the stand.
with his practice confined to an area of ten
miles square in some country district, will
pretend to have had the experience and prac-
tice of one of the many authors we present to
you this morning through their works. Our
doctors, for whose intelligence / have the
highest regard, may do very we'll in cases of
ordinary sickness; but when you come tn
nervous diseases-a branch Of the medical
science upon which, Dr.. Waddeu says, NOT
withstanding the great strides which have
lately been made. the medical profession is
only on the threshold Of trpth and certainty
u a ,nan of OK periencu. Ih" state, NE Judge.
viii say because. none Of the doctors who tnsti.
aed coald give at their experience cases like
johns, then there is no such ching ss epilepsy
IN mild tyIr,and John is not subject to the
discase in any shape or form.
(Mr. Smith then reviewed at length the
evidence of the case, and continued):
NOW, gentlemen, you are to decide what