The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-02-10
erpnce There shall be q fair and imparti ial

reference. There shall be fair and impartial
trial-if it goes on. The only matter now be.
fore me is the motion tor continuance of the
case until Monday, because the state thinks it
cannot safely go to trial in the absence OF q
material witness
So.icitor-I am willing to set the case for
Monday, or Shall not object to a postponcmcnt
of the trial. DR.. Pressly is absent and can-
not get him here before Saturday. am per-
fectly willing to try the case on Monday or to
postpone il.
Jutge-I would like to see the Act authoriz-
ing the drawing Of the jury for the second
week.
Solicito1-It is the Act of 'S3, Your Honor. I
will read it. After reading it, the Solicitor
said i The next jury can try it us well ;ls This
The Judgt-l recognize the Importance OF
the case. The State has informed us that IL
cannot safely go to trial now because of the
absence of q witness. The reason Is not Suii-
cent to postpone 1t until another term. Will
however postpone it until next week. In the
meantime | hope the state may use due dill
scnce in getting DR.. Pressly here.
Col. Gary-I hope that you would not dls ike
to hear suggestions from us. There are two
ways to get DR.. Pressly. One is, to send him
telegram: another way would be to Scnu a
constable by this mornings train, which has
not yet gone. He could be gotten here by one
O'Clock tomorrow. He is q witness in reply.
1t will be at least one day after the tria! is
have thivty-four witnesses, and he will be
heard in reply.
Solititor-We do not want to commence the
case without all our witnesses being present.
Suppose we start the case, and we fail to get
him by tomorrow evening You can sec our
embarrassment in that event. We can get
DR.. Pressly here in time for Monday. If the
case should be set for that day the new Jurors
would he perfectly competent TO try the case;
Mr. Benet-As your Honor has connected
much to them, it is our time to get kindness:
The Judge-I have no kindness to anybody.
Mr.. Bcnct-Concession then, your Honor.
From c0unSclS own statement the earnest
possible time he could get here would he to-
morrow afternoon. DR.. PresSly will be exam
ined at the tail end of the trial. The law pro-
vides that the jnry in charge of = case on Sat
urday shall hold over Sunday. we nope TO 60
to trial Tomorrow morning. IheSlate mas Il =
tion for change of Venue. we think me case
ought not to be put off. The Solicitor himself
excused an important witness for a day
Solicitor--Dr. Mabry had sick daughter.
case should not be called. We agreed on
Thursday morning and gave DR.. Mabry per-
mission to be absent until that tlme. Hr.
PresSly may be gotten here by half- past Two
will then be in the same liX as now; but we
will have him here on Monday. We cannot
go to trial without him.
Judge-That is late. will nix the trlai lot
Monday. Both sides shall have the benefit OF
the process of the Court to compel the attend
ance of witnesses. ..
Mr.. Bcnet-That is equivalent to contlnu-
ance.
The Judge-No, will not continue the case
beyond the term. ,..
Mr. Benet-Will your Honor note our eXcep-
tons.
The eJudge-Certainly.
Mr. BOnham here suggested that II the Ju-
rors were to be DISCHARGED that some OF them
could leave by the morning train, If theircer,
tificates were prepared now. 1t was suggested
by others, however, that the train had gone
The pay certificates of jurors were slgnco,
attendance upon the Court.