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


9th. Solicitor ]. L.. Orr, for the State.
Sreech Of General e, w. Noise, Of
Sumter.
Time: From $40 to 1n.49-1 hour and 8 minutes.
The State has established all the facts which
laid in the Indictment. This Is not denied by
the prisoner or his counsel. But as a matter
not guilty of the crime of murder, because Of
an unsound condition Of mind, supposed to
exist at the time when. the killing was con-
summated. with a view 10 eStaoltsn tn ms
prisoner from an early age was liable 10 occa-
sional attacks OF some character Of sickness
which the defense claims were IN the nature
form Of epilepsy which Is known as petit
NAL. The defence has failed to make legal
proof OF any attack of this disease. no matter
It has accomplished In that line, has been the
production Of evidence going to show, that In
the early stage of the prisoners life, to wit:
from one to five years OF age, me prisoner
character of sickness very temporary IN It's
nature, and of so mild Q type that medical
skill had never been invoked witt a view to
tient is said to have exhibited pallor and to
| have lost consciousness for some very short
| period, but there is no EVIDENCE clearly estab-
llSll0S the SuppOSlIlOu lLdG SuSu 1LtoChS NSiC
Of epilepsy in any form. The pallor, which Is
relied upon, is not regarded by the authority
in which the defence places Its most utmost
confidence as any infallible sign OF epilepsy IN
dence, page PA. Nor was there any other con-
elusive evidence hat these spells, as they are
spoken of were epileptic in their nature.
In order that the accused could succeed In es-
tablishing the defense interposed in this case,
1t Is necessary they should prove afdrmattvely
that at the time the crime was committed, the
prisoner was not of sound mind, and TINS
cannot be done by showing a certain condi.
ton OF facts from which an hypothesis might
be formed hat he might have been of UNI
sound mind at such time. Nor even that he
affected by disease previously existing. The
burthen OF proof Is upon them to show not
that he probably was, but IN point OF iact,
that he really was imbeclie,, or Of unsound
mind nj the particular time whom The o1ence
was committed.
The next step In the chain which tho de-
fence has sought to forge in this case, ia that
during the school days of the prisoner be had
been seen on one or two occasions 10 exhibit
symptoms which might have indicated d.
sease Of some character, or Mintlng spells. at
least, but in no case has 1t been show or oven
attempted to be shown that any medical mar
had been called In, and had expressed the
opinion that the prisoner had at any time In
his life, labored or suffered under the disease
not proven by any competent testimony that
the prisoner at the the bar ever was an cpl.
lepttc at any peroid of his life, but on the
contrary. 1t appears that both bis parents IRE
now living and neither of them are tainted
with such disease. He himself Is before
the Court and does not present the appear.
ance Of one who has suffered theretrom.. His
fathers family physician has been examined,
and he states that he never heard, until this
trial. that the prisoner vas affected. IN That
manner. 1t is said however that he had a Sis
ter who had suffered somewhat in her youth
from similar disease; but It Is y we'll recognize
ed doctrine that disease does not descend from
sister to brother. Nor Is there the slightest
proof that the sister ever had an attack OF
ed therefor. II is alleged that she had been
given veratrum in solution, but 1t has not
been shown that this medicine Is peculiarly
adapted to eplleptic cases. On the contrary,
II appears from the evidence that 1t is used IN
that large class of ailments which are known
as diseases of the nerves.
1t is said again, that many years since, an
uncle of the prisoner had beer subject TO at
perate, and threatened to do act:Cf ;rofence;
but no one hAa5egn found to say that he was
lareplieptic or had ever exhibited any OF the
the symptoms peculiar to that disease.
Struggling on with three vague and scatter
Ing surmise to q period when the prisoner
at the bar was working with bis father they
was overcome and had 10 rest. Once when
overtasked in lifting a heavy log, and on an.
other occasion when plowlng OF q very hot
day, That on these occasions ne compliance
Va A1o SSSS WV oh v 49,
he exhibit any of those marked symptoms
which characterize the disease known us ep-
llepsy:
the prisoner at the bar became so much ia
tigued in hoeing o row of cotton, presumably
of O summers day, that his father suggested
to HIM the ,propriety of taking a rest. ana
here ends all the proof, that the defence has
attempted to make with a view OF establish
ing the unsound condition Of the prisoners
physical health In the period from birth to
adopts the maxim Of Cardinal Riche.leu
that when the lions skin proves too short
you must eke it out with the fox's: They at
tempt to re.inforce the disahili III OF the
ance had supervened. From this period
to the sad day on which the crime was COM
mitted, we find them struggling to drive these
the car of their theoretic defence. but strange
to relate, none but the members or the I'M
mediate family of the prisoner, perceive the
school.mates and companions are unaware
OF it. No gentleman Of the medical 1raterni-
ty Is ever consulted about his condition. lie
Is {sr a!lo snd It, to co marry, b to %Vne affairs f. e sS as any
other man. 1t Is in evidence that ne Is some.
what dissipated, and addicted to quarreling
in some degree. 1t IS shown that ne had a
physical encounter with Mr.. Sondley ABOUT
one year before the tragic event about whlch
we are now enquiring. That In that encoun.
ter he was the aggressor, and struck the nrst
brawl in a party in the year in the beginning
OF the year 1881, he received some slight IN
jury in the back. Later on we find him In
dulging in dissipation to q greater degree
dant thai in the Fall Of the year 1854 he was
treading the downward path Of dissipation
and intemrerance along the sides Of which
he must pass q weeping wife and mother. ana
which would eventually debouch on the plain
of ruin, who's monuments would be the pen
itentiary and the gallows.
The prisoner at tho bar seems to have
known the deceased Benedict two years ago.
He was invited to his wedding, and there is
~unfrlendly, but in the month OF December or
last year, this good feeling seems to have
passed away. We find him insulting the de-
ceased In a most outrageous manner on me
of the prisoners business, where the deceased
performed his daily duties. This was within
q week Of the fatal day. subsequently, Inc
prisoner went to Ninety.Six. There ne again
ton. and on that night he returns to his IA
theirs house to meet the reproachful glances
of bis father, his mother, anu MS VIE: MS
wife and mother appear to have remonstrated
tears. alleges that everybody is against him,
wishes himself dead and out of the way.
Who Is 1t whoever knew. an Incorporate
youth, who has not heard these very expires,
sions coming from him when the folly ana
%tention. Whoever knew a young man. VINO
had given himself up to dissipation anu 10
drink, but who threatened suicide when re.
preached with his selfish indulgence, OF
His father says that on that night he re-
maiued iu the same room with aim. he
saws the boy was restless. Could not sleep
and to use his oWn words, appeared 10 %