The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-10-28

the weakness of juries.
I have always regarded Abbeville as tue
Judges, and 1t Is not done making them yet.
It has been the home Of distinguished law
yers for ages. The people are remarkable Tor
their Intelligence, and their obedience TO the
laws In the past have been most exemplary.
If lawlessness is to take the place of this de-
condition OF affairs-if lawlessness IL
to reign-let 1t be at the hands OF an usurper.
After Recess.
EVENING SESSION, Oct. q, 1885.
The Court room during the whole OF the
morning was crowded with interested spec
tators who had come from various sections.
In the evening the crowd was great.
Speech Of Col. Eugene b. Gary.
Time: sos to 4tS4-1 hour and 90.
May II please your Honor:
AS our requests to charge. which have been
you by the counsel for the defense
and which have been deliberately argued by
b bi@ 10 em the dsf sns pf see ap by sS He l pris aPeli'a I
do not deem It necessary to make further ar
gament upon them. Counsel then turned 10
the jury and said:)
NJ. Foreman and Gentlemen of the Jury:
One Of the objects OF trial by jury is that
the accused shall be tried by those who are
lT6S IIUlu UluS ~ pTtJuOlCOs II oE.
their minds as to the guilt or innocence Of
the prisoner for the first time, when the evil
dence is adduced Upon the stand. In, this
case the prisoner labors under the disadyan-
according to their own statements, when
sworn upon their uoir dire, had made up their
minds as to his guilt or innocence. The de-
tense therefore Is compelled IN the ar rs pace ace
enced by your p~reconceiyed opinions, and II
they should succeed in doing this, then in the
second place 10 show that the facts sustain.
word In regard to the action Of the newspa-
pers, excepting from my remarks the A65e-
Medium and AbbevtHe ;Mesaenger:, Yo9
%ungenerous articles that were written against
the prisoner tending to forestall public opin.
ion as to his guilt, and creating excitement
amongst our people against him, while ne
as It were, manacled and shackled. I, in the
words OF McGregor, stand upon my native
heath" free to speak my. sentiments, respon-
sible for them and untrammeled by the mesh
unworthy Of the high aims Of journalism ,un.
worthy of our institutions OF government
that accord to even the humblest citizen q
fair and impartial trial sI and un %o or Ry, OF tsa 4
free people, which they have turned into q IL
cense. If they are to dictate what verdicts
shall be rendered then indeed will the genius
much enslaved as when the tyrant In high
carnival holds the sceptre Of power; they
even go so far as to hold jurors up TO scorn
who do not carry out their oehests, and make
it unpleasant and odIous for good men TO sit
upon q jury where the Press has told them
what verdict they should render: they go SO
fur as to charge Jurors with corruption and
bribery, and when called upon to give their
facts, pretend that 1t was mere rnmor: to say
our Juries have been corrupt and no inyesti-
CATION has been made of their conduct, is q re.
lection on the administrators OF justice In
lieve; to say that our juries are corrupt is y
SANDER upon q free people, because tho juries
are drawn each time from every section Of our
county and would make us unworthy OF self
government. May 1t not be laid At the door
Of the Press that their license in debating to
jurIes has infamed the public rntnd and caus-
ed them to take the law into their hands.
Who knows but thai the horrible homicide IN
Edgetield but q short time ago, was inspired
by the detestaLle articles, of the Neaos and
| Courier and Press and Banner. and who knows
what may yet follow II they are not made TO
call q halt
During the progress OF this case my heart
has been touched and panied to have beheld
the display OF hu1nor and ~fippancy occasion
ed by oven the color Of one Of the books upon
S %hleh We b rs'isd Iikys Yves BY be she p ,aI1s!a q grf ese
array OF "lions, ""Bengal tigers, ""house cats"
and other beasts that have been jokingly
brought in array before your minds eye, pro
voking mirth n laughter, as II this temple
%"Ilons," Bengal tigers" "house cats" and
other wild animals. No! gentlemen. this Is
no time for mirth when the llle OF one o.
Lling in the balances; when those who IRE
near and dear to him sit here with their heads
bowed and hearts crushed. and TO whose feel
lngs the sound Of reyelry Is as heart.rending
lid, which shuts us finally from the sight o.
one who was dearest TO as in life. or the dull
thud of the dirt upon the coffin In the grave.
when the body is inferred Units last resting
| place. There is a certain solcmnfty always
attached to the trial of q cause In thtsh honor.
able Court, and If there ever wns q time when
the smile should give place. to the tear God
Counsel for the Slate have spoken to you as
| rs II the civilization Of our country, or o re-
turn to barbarian depended upon the convic'
ton of poor John Ferguson, as If he were
some huge monster that should be gotten rid
OF, 80 as to allow the immigrant Jew, like the
poor weather-beaten dove with the olive
branch in his mouth, to rest his weary feet
upon our soil, and find here an asylum from
oppression, as If the State OF South Caroline
petite could only be appeased with human
blood. Oh no! the life OF John Ferguson y
Just as sacred in the eyes Of the law, as that o.
hin WITH 70 LahttnH OF .tnnaeenaa Witch te;f
allowed to wear until a Jury OF his country
say that he is guilty, and you are now to say
whether he Is guilty OF tho charge WHEREOF ne
stands Indicted or not guilty. The counsel for
the State who last addressed You has portray
ed In beautiful words the character Of the
great Roman statesman and warrior, Jultus
Caesar, and told you how much he counseied
elaboration In those who had a duty to per
form, and I commend this advice to you r.
day, for you have heard one of South Carroll.
mas most gifted and eloquent orators, ana
perhaps from bis lips today fell the NOS most
ROOM, and 1t would not be- surprising fyou
should find your reason led capture, andthc
chords of your hearts vibrating to the music
In all ages been able to enchain't the human
feelings need I tell you that 1t Is related or
one Of the star actresses, that when playing
upon the stage her splendid personitcauon
eous appeals for protection from the strong
arm Of the demon character who was pufsu-
Ing that reality gave way to fiction IN Lne
minds OF some o. the sturdy men or me auoi.
OF the moment, crying "You shall bsprotect,
ed" Need I tell you that when tue great
Caesar mentioned by the counse for he Slste
was assassinated, Brutus, one Of h1s1Isiayers,
gathered at the capital, and by his e|oquence
made them believe that he had slaAn Cesar,
"not because he loved Cesar less bnF because
he loved Rome more;" yet when Marx Anto-
vestments," and showed them whs.etn had
run the daggers of the assassins, tld them
how Cesar loved them, even more than ne
did himself; how that he had not forgotten
them even In his will how that he had thrice
presented the great Cesar with! a kinsly
crown which he did thrice refuse they were
again carried away by eloquence and compsl-1
ed Brutus, together with the other assasstns
to flee for their lives from the Infatuated ven
geance of the populace. Be not then too much
moved by the eloquence of this gifted speak
er, but ''del1berate" we'll before you act. |
The counsel for the State has been verypar-
ticular to go through all the details OF the
facts attending and previous to the ha98ade1
for the purpose Of showing malice WI ere there
was really nc necessity for doing so, because
the law preSumes malice from the mere fact