The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-02-10
. THURSDAY MORNING, Feb. /, 1856

cognizance?
Mir. Bepet-It seems to me that they could
be brough: here in time to go on with tins
trial. One of these witnesses lives at Due
West, aud the other lives in the lower part OF
Solictor-It Is impossible to get DR.. Pressly
here. He is in attendance upon the Court IN
Augusta in a case which is set for to-day. l
should not delay, but cannot safely go to
trial without him. l understand that Dr.
Wideman will be here.
Mr.. Benet-Dowe understand that DR.. Press
ly's testimony Is Of such Importance that the
State cannot 90 on without him.
Solicitor-Yes, we think we cannot 60 on
without him.
Mr.. Benet-Expert witnesses, your Honor,
are not 50 Important as to delay the trial. We
will accept his former testimony. as though
he were present. The stenogapher may read
his notes of his former evidence.
Solictor-Dr. PreSsly Is q witness in reply.
and we couldn't accept the proposition.
Mr.. Benet-How can the Solicitor, your
. Honor, say he must have DR.. Pressly here?
This is the first time ever heard of the trial
of expert testimony, when the State has three
other Doctors who are witnesses as experts.
Colonel Gary-Our client is in Jail, your
Honor. He is not out on bail. We claim what
the Constitution guarantees to us-the right of
q speedy trial. Our client has now been con-
fined in Jail for q year
Solicitor-I am not disposed to gainsay the
right of any client, but understand new evil
dence is 10 be given in this trial, and must
insist upon my right to have MY witnesses
present could have asked for continuance
because of the abSense OF counsel but | have
not done this. The only postponement that
has been granted was made on the prisoners
own motion. lam equally anxious TO try this
case at this term of the the Court: think n we can
The Judge-This Is an important case, and
the State cannot be forced to proceed without
its witnesses 1t occurs to me that 1t would
be proper to give the State little time In
rs
witnesses.
Mr.. Benet-The State has almost unlimited
autocratic power from first to last. Inc state te
had 1t In It's power to have every one of its
witnesses here the first day. 1t has its officers
here, and has the right to pay its witnesses Tor
their attendance. and it has the right to force
have only the power to bind, and yet some OF
their witnesses cannot or will not come be-
cause the State refuses to pay them. WIN
these advantages the States witnesses are not
here. Ours are here, and from other counties
Solicitor-Our witnesses We're here all the
time, so far as I know, until learned of Dr.
PresSly's absence. AS soon as ] found out that
DIR. Pressly would not be here telegraphed 10
him.
Mr.. Benet-This is much more than delay.
1t means that the present vcnire Will not slt
on our case
The Judge-I can'tassume that, Mr.. Benet.
Mr.. Benet-Under the law we have new
jury every week. This jury was drawn for the
trial OF the General Sessions business. we
by this venire. OF course your Honor knows
this venire was not drawn by the prisoner,
but by the officers Of the law.
Judge-Yes, 1t is to be presumed this jury
was drawn In accordance with the law.
Mr.. Benet-The defendant sees the names OF
the jurymen, discusses them one by one. that
he may be able to determine what answer to
make when the State demands of him TO say
whether he Ia willing to 60 TO trial. The pris-
Oner has right to see the list of the jury, as
he has right to demand three days notice
before going to trial. Is he TO be deprived OF
that right and placed into the hands of new
jury, the members Of which he has not care
fully studied? DR.. Pressly knows nothing of
the facts of this case. His evidence is only eN-
pert testimony. Expert testimony Is only hy-
pothetical testimony-the driest, least valna-
BILE and most scientific of all. DR.. Mabry, DIR.
Wideman and DR.. Hill are just as learned in
medicine and just as distinguished, and they
Honor grant delay merely because OF the alb
sence of a doctor, when there are Others pres.
ent? Our witnesses have been here since
we dafs tes az na o
theirs here. The only thing to be done under
the circumstances, is TO admit DR.. Pressly's
testimony, as given at the former trials. We
have one witness here from Plckens-Dr. j.: K.
Riley-whO came at great inconvenience. The
Solicitor himself informs me that he had told
Professor Riley in Greenville, where he saw
would not be required to attend Court this
week, as there was to be motion made by
the State for change of venue But yester-
day Professor Riley telegraphcd to the Solici-
Solicitors request, answered the dispatch,
putting the Solicitors name to it, saying:
''Come ut once" and here he is. We cannot
safely go to trial without him. and we tear
That we cannot have him here next week. We
nre almost certain that some of our thirty
four witnesses cannot be here then. We know
that DR.. Pressly would be shocked if he knew
that the case was put off on account of his atl-
q
ask, as our right, that we be allowed to go to
trial without delay. In the name of the de-
1endant, who has the right TO examine the list
OF jurors who are to compose the jury which
10 trial.
Solicitor-I had perfect valid excuse for
not going into this trial now. Two of the
States counsel are unavoidably absent. en-
pected to try the case until received n letter
from DR.. Pressly saying he would not be here.
! conferred with the Sheriff as to the quickest
and Surest way to get him here. Iinstructed
him to send telegram with my name to II,
ordering him to appear here at oncc. wasn't
bound to do that. Court will be in session
next week. If counsel is strenuous for Il trial
he can no doubt have it then. 1t will be a de-
lay of only three days.
Mr. Benet-Four days.
SOlicifor-l don't understand why the coun-
sci on the other side should be SO intensely
anxious to try the case by this jury. ! cannot
understand why the jury for next week Is not
as competent to try the case as the jury for
to come before this jury. don't know. The
prisoner has had trial at each term of the
Court, except at one term when, on his own
motion, he moved for a continuance becatls"
OF the absence of two witnesses, who lived
within two miles of town, and who were in
Court in fifteen minutes after the motion for II
continuance had been granted. | am willing
to have the trial set for Monday.
AS Mr.. Benet was rising to speak, the Solici-
tor said {: We understand that we have the
right to open and close the discussion.
Row Nav fyN1n VIf,TN fl,cf
may be so in any formal argument, but we
are not to be prevented 10y technical rules or
regulations from submitting our side Of this
matter to your Honor. The Solicitor says we
must have reasons for being so dcSirous Of
coming before this jury. Your Honor, we
ble reasons. Here, your Honor, is the list of
the venire. / am bound by my duty to my
client to examine this list carefully. This !
have done After consulting with him, and
the onclusion that Ferguson can have 4 fair
and impartial trial at the hands of this vcnire.
That Is what we have done, and this is al. TO
have done less would have been to he derelict
meaning OF venire of thirty-six, if the de-
Sendant is not to have choice? Would the So
lcitOr have us come into Court blindfold as TO
the jury? have examined the list of jurors
for this week. Out of the thirty-siX there are
twenty-five. as I informed the Solicitor the I.
other day, any twelve of whom the defendant I
is willing to he tried by. What's the reason I
for urging delay? lam here defending pris- !
0ner. We have the life and liberty of a man !
ut stake. 1t matters little TO the state whcth- !
or verdict Of guilty or not guilty is obtained.
IT. matters much to U.S. We moved for n con-
tnuance before because Judge Cohran had
expressed decided opinions which were prCu-
Iiirial to the prisoner.
The Judge-I do not undcral and why there
should be any personal illusions in this dis
cussion. don't mean TO make II personal