The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-02-03
THE consrER-Arr1nAxrrs...

THE COUETER-AFFlDAVIIS.
To rebut the affidayits tiied by the State, We
for the defendant have adduced counter nm.
davits Of ono hundred and eight good !, men
our attidavits have been prepared and pr .snr-
deny in clear and direct language the aver
ments of the States affidavits; and conf
IDENTIFY assert that they overthrow the States
aay Hasyts o2m sy Gs% fasnF Mas RIspGs;esd oec
1t is now time to advert TO 'zl2s : "-~'.
THE APPLICATION FOR CHANGE or VENUE.
The Solicitor has correctly stated that no
tice Of the application was sc served On ~ US ION on
as to the grounds upon which the changs OF
venue was TO be applied for. nor was there =
single affidavit served with the ticr \
have copies Cf the affidavits served along
with the notice. Else why twenty days?
The twenty days provision was naui-
ssay dent unee"s s time 10 obtain counter atda-
Wits and IL need be, to show that the .afttda-
Wits Of the moving party could be discFedited.
10 S SHOWS @ that the @ practice is TO serve, along
%h ths nSSs ssRessGa sRee ssPSs
fssaSs ste stonr
words But as this is case Of first. impres
sion eeiore your aHnGr ana t 20 @ o Peoe
Va. Webb, i Hill, N, T., ho; before / take my
Seat, the more especially because the solIctor
in his openiIg argument sestefday cGnfesss ss:i
on which be bases the right Of the S,ate To
move for change Of venue. .HgS .t.kk.:
Judge Cody says, "When cases follow III
have S "a case t, follow the authority Js 70 be
found In the first decision, and mol by count.
ing up the number IN the line" People ys.
sasession uHwn % Isai r. now review the case Is State
VS.. Webb And first. as to the factas Tie !
State moved for q change of venue becanse
three newspapers had been trying 10 preju-
p. lsO, is2. -.l., .5sy, -. Il.
Newspaper influence is consrarywise In our
case :. 49,, -
says In Webb's cise, Wherein :he decides the
State has the right to move for change fof ve-
nue., nThis is alsy an authority. which We 3
@E at s% y. Re fatss Gaa
MIR. Benet here read the authorities scited
nh except the, last which Is New York %case,
and showed that they, do not bear tire con.
struction placed op them by Judge Cover.
The English case cited Is entirely concerned
with statute law, and Chitty Is plainly
'fis'ns liz then said: Nd Therefs dangerous heresy;
your Hogor, creeping into the :mfnds OF law,
yers, solicitors and Judges that while doubts
mttets 81 TACT are aonb,s 10 BE- s9 y
law are TO be solved In behalf Of the State; o.,
the ground, as II has been grnyely urged on
the Circuit ben ch, that the State hHs no right
wou desec ate the sanctf'y Sof life and
liberty, and transform "a apea-3ion
which, s1s the r courts i might interest tssmselv
| But, your Honor, It Is high thine that y
should close this heightened targnDsent, I
duigence with which you have listened 10 me.
have .endeayored to show that the right
here claimed by the State 70 move for
or Xsns IS Rs tSs asb s %
be deprived by any shipshod statute but only
by o coustitt tionai3 amendment; Q right
which Under the common law, and under our
should statute atsemet 70 confer the right
even sven II TIM State had, the right she
se sss failed cas ss1 e ed
no affidavits with the - motion cs
appl,easosnM ia q; and sx,.t ,ha that 4 ,os
tice presumed to indicate the county 70 whicI,
she desired the venue changed, fs fatal ana
tie application is to be 'oyerruied on this
ground alone. !f!'' "i.-1 - -. =" q,
great length and with much feeling on This
er has put himself upon God and bis country;
whsn fe the o Gfpe o hs cGn5 Rns s
That the prisoner has put ,hNnseff upon God
and his country, "whleh country 500 arr"
Under that formula; and under the tOctiiaes
and practice of the Common; Law, and tho
rights g,larantt ell by the state institution,
\ maintain that John Ferguson is els titled TO
be tried by fury OF liis, country: that the
| thtrty-six good aiid lawful men dfnwn On the
ve lire are iiis country by whom he III TO he
/ tri ed and that he has the right pndpr the
Con tIntionand the Common Iawt be tried
by tlirs uenfre, nnless for good cause fUr chul.
lenge Its members are objected to.
! now take my seat, not without conndenee
mnde by the Slate for three reasons first,
because, even lf the State had the 5riEit to
make the application, the uffidayits fled on
her behalf are insufficient to effect a change
Of venue; second, because}th nolice OF qppli.
cation was unaccompanied BY, copies Of The
affidavits relied on tttrd,, betssuse the notice
Is fatally defeetfve in thatsEit designates the
county 10 which the Soliciter desire the venue
to be changed; and fourth. because under the
Common Law!nnd the Constitution: The: State
has not the right to move for q change OF
venue, b..
.