The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1885-11-10

State witnesses stigmatized as untrue and
the a!fhdavits OF the prisoners accepted MS
true in order to affect the trial. He Insisted
that the presumptive proof Of guilt was
great.
SENATOR BUTLER'S SPEECH.
Senator Butler said that his side was not
there to try this case, bat to ask, what til.
Constitution guaranteed, bail.
We, said he. are not prepared to nut M our
defense until VIC arc confronted with the wit
nesscs for the State. The matter Inv SO fully
within the iii :cretinn Of the Judge THAT argu-
lnent was hardly necessary. The object of
bail was t" serur" the appearance
of the accused for trial. It's sido
claimed only the right guaranteed br the bill
Of rights of the Constitution. Yet this cx-
traordinary array of counsel appeared for the
state and a hue and cry was raised about
Edgeficld. and the county WAS held up to dis
grace. He asserted that the murder of Iiam-
mond and the murder OF Cnlbrcath were tho
be reached by law, and which would prevail
In this or any other country as loug as hu-
man nature continued as weak rs it is. He
malntsIned that the accused were as good cit
any where in this country. Considering the
evidence the Senator maintained that Gull
breath fired the first shot und that his death
resulted from the wound he received in re-
sponsc to that shot. He attacked the charuc-
ter of Gus White, one of the States Witnesses,
and said he would not convict the vericst cur
on his testimony. He contendcd that even if
some of the men did have on masks, his Hon
or could not keep them in Jail on mere suspi-
cion. After discussing the evidence he asked
whether it would be fair and Just of his Honor
to keen these men in Jail even four DAYS.
The application had not been made sooner be-
cause of his (Scnator Buffers absence and
because OF the time necessary to prepare the
afidavits. lie guaranteed that no matter
THAT amount Of bail might be required it
would be readily furnished. There was some
evidence pointing to some these prisoners
and tending to implicate them in the murder.
but 1t was not enough to dobar them from the
right of giving bail.
In conclusion the Senator insisted that he
was sick of the remark that crime was ON the
increase. His Newspaper friends published
now all the news of all the crimes that were
committed. It was perfectly natural. They
wanted to sell their wares. He, himself, did
not believe in the doctrine IF total. dcpravity,
and it the newspapers would spend MS much
time aud money in reporting tho good that
was done in the world as the evil it would
have y most wholesome effect. He compli-
mented the past and present judiciary Of the
State very highly, and said that where proof
is clear justice in our Courts il very apt to DO
done.
THR ATTORNE REPLY.
Attorney General Miles opened his argument
by referring to the loss he had sustained in
the inability of Solicitor Bonham to speak.
| The Solicitor had lnst his voice rs the result
of a severe cold. Fhe Attorney-General said:
He would say no word or sugges no
thought that was unworthy of tho law officer,
but would endeavor to argue the question as
coolly and calmly as If it were an abstract
ma tier. He was glad that he was not called
upon to characterize this crime or to de-
ed by the defendants admitted the enornity
OF the crime and had presented the sole de-.
tense of AN ali6i.
The only question to be argued now was
He hoped that no man in South Carolina would
assert that social conditions could be the
cauxe of such a crime a. this. Had the evil
dence read here to-day obliterated the record
in this csse7 Mr.. Niles cloqucntly and
thrillingly described the butchery Of tho
crouchiny, pleading Culbrcath in his lawyers
office, the poor wretch trying TO pray, begging
by name the mercy OF his ncighbors who
struck him as he lay bringing at their feet.
He reminded Senator Butler of the "honora-
Bile men" whose daggars tabled Cesar. De-
scribing the gathering Of tee lynchcrs, no
turned tn Senator Butler and said that South
Crrolinians had often gathered at'his call, but
never wore the badge of cowardicc in the
masks on their faces. -
His Honor was asked to liberate thirty
three men who had been in juil six weeks
without applying for bail, in order that they
might x" out Of Jail four days before the
grand jury could pass upon their cases.
What could be the object but to stamp the ev-
idencc for the State ID advance of the trial as
utterly insufficient He urged that his Hon
or wait until the grand jury could sift the cv-
idence AMI find which of them should be pros
ecuted. He protested Indignantly against
Senator Buffers idea that even if the prison
ersy when bailed, should fly the Stale, the
punishment by tho collection of the money ON
their bonds would be heavy. He resented the
theory that the state could be paid BY blood
money fnr tho murder Of u citizen. He recog-
nized grades in the guilt of the accused, If
they were indeed guilty. He thought that
his Honor might discriminate III granting
bail between those who met at Antioch
Church and might be call accessories before
the fact, and those who were in ut the murder.
He thought that those who were charged only
on information and belief might also have more
whom he could not consent to the liberation
OF were those who wore masks on their faces
and disgraccd their State and their county.
! Abiding to Mrs. Culbreath's affidavit, he
said that If there was ono time when a mother
could be expected to testify to tho utmost
limit of the truth 1t was in defense of her son
against the accusation Of dyeing his hands in
his fathers bl cd. But he confessed his sur
prise at finding such q reference to her hus-
band. 1t was as if dreading the truth Of the
charge against her son she was impeilcd to
show that he would have been justified by his
fathers offences in staying hun. He drew u
strong contrast between this announcement
and the course of Mrs. Sims, of Aiken, who,
10 this Court and before the same Judge, re-
fused to divulge the brutalitics her husband
bad decided that she could not be made to tcs-
tify.