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

Defendants affidavit that sum of money
had been subscribed In Newberry county t.
apprehend him was not sufficient to chang
the venue from district, which Is a large and
populous one, and could afford many tnriGs
free from all the bias which was apprehend!
ed" State v. Williams, McCord 3S8.
es asy s s sn % G1 ss ssSsg
and severe language: also the affidavit or
single witness that he heyrd bitter and threat
cning language against the defendant, were
INSUFFICIENT state " Rsa Sesx Is Kan; s,pnno 1 ev,
dence Of probable unfairness." Chit. Grim.
Law, pol. .~..r.
Many affidavlts of strohg prejudice against
defendant insufficient for cllanaing the venue
Holder, q Eng. G. L. Rep. 9G.
DEFENDANTS affidavit stating apprehension
and belief, that he Could not get a, fair trial
a list Of six hundred persons qualified to
serve on theJury. Rex v. Harris. Burrow,
1890
Defendant must show reasonably strong
grounds 5 Grim. Law Mag. 793.
4 mere general statement that he believes q
fsir and Impartial trial cannot be had on ac-
count Of popular oies snSs ase q q
baker, ii. 4os. State v. Windsor, 5 Hew. Del }
512: Wormley ". Com. 10 Craft tVa) 6S.
State v: Lowry. I New: 161. ,..
Defendants affidavit as to popular excite
ment and prejudice supported by affidavits of
three respeGtable ard .dlsfnterested persons,
mukes Il strong pTin1a Jacie case, to be over
come only by the strongest counter testimo-
ny; State y; Nash; Iowa, 81: :, .,o u,o,,r,
of general prejudice In the county Is hot suf-
ticient; neither Is future to Smpanel Jury
in day sufficient confirmation. People y:
Mahoney, Il Cal. ls0. People ". Graham, Il
ldem PSI People v. Shuler,8 1dem, 800. .
His affidavit as to excitement and prejudice
against him and tue time OF his arrest Els IN;
sufficient. Honecutt v. State, 8 Bart: eFenn.)
His affidavit that the prosecuting witnesses
are men of influence I'm the coinmunity and
that the people are greatly prejudiced against
the persons committing the M cline @ Is snsuni-
That degree Of prejudice which ,wouid pre-,
vent On Impartial trial cannot be inferred
from editorials In country newspapers alone,
State V. Burton, 8 Mo. Is.
Neither Will change be allowed 1or CON;
Harris, 4 Den. IN. Y $50
Where an impartial jury Is In fact obtained
the judgmet will not be reversed on appear ~
though sufficient showing was made to en-
title the defendant to a change on the ground
Of prejudice against him. Wright v. Com, %
Graft. Va. $50.
THE STATES AFFIDAv1Ts.
Having read to your Honor oil that can
find in the books as to the character of the AZ
this, shall now proceed to consider QUE by
one the thirty-two affidavits served on US yes
terday by the Solicitor.
aSrs is p1ssh Of efyGn f. ohs sfnsn py
nolds, Jr., +. F. Riley, Benz s. BArnwell, T.P.
rothran, Thos. P. Thomson, w. Joel Smith, A.
b. Morse, j. s. Hammond. They are all lden'
tical. ~. E.'
AS to these eleven men, they all with one
accord swear that the public has been made
familiar with the facts. &C., because the calse
has been tried twice and full accounts pub
lished in the county newspapers. Is that
grounn for belief that fair and impartial
trial cannot be had In this county? They say
that public opinion has been divided and III
terested. Is that stranger is Abbeville coun:
~ to remain stOlid and unmoved when one OF
her sons Is tried for murder? ...
They Say that because IF two Mistrials, ana
The great and general interest In the case. ana
the publicity given toall the proceedings here
tofi,re had, they believe 1t 10 be impossible to
impanel u Jury Iii this County who would
agree upon IL verdict, If q jury could be Oh.
tanned at all. What is the import Of this aver
ment? Surely this il u prime specimen OF a
non seQuttus. Is IL to be seriously argued that
newspaper accounts OF tho two previous trits
will make 1t impossible TO have now fssir
and impartial trial? Is the newspaper press
curse instead OF q blessing? The journals re.
ferred to arc in Court, and your Homer VIII
idence on both sides, arguments of counsel Oh
both sides, and the Judges charge: Those
qualified to serve on the jury In this county
are therefore able to see both sides Alas! !
cannot say so much for the possible jurors OF
Anderson county, or Of any other county, IN
the State. The dnffy papers OF the State, which
90 to every nook and corner OF South Carroll
ma, and all the county papers that have seen
which commented on this case, presented 10
their readers only partisan and e1 pdrte ac'
counts Of the case, and without exception
those accounts were eantagonlst!c W John FER
guson, and strongly In favor OF the Sta;e
(Here Mr.. Benet real extracts from numerous
Journals published in 0th"r counties, all OF
which tended TO prejudice the public mind
against the prisoner. He then continued his
urgument) Do these affidnvits mean that we
must seek out some dark corner where those
qualified to serve as jurors do not read the
newspapers? II the venue is changed to any
other county where newspapers are read, the
chances are that the jurors have been Pre1''-
State desires fair and impartial trial Of this
case, 1t were better to remain in this county
whose Journals published without editorial
comment n full account of the lust trial: ri
BILE to iinpanel Jury here that would agree
upon q verdict. Well +, hat Is John Ferguson's g
misfortune. That cannot hurt the State.
Twice has lie been tried, Two mistrials e. enter
If any one Is to move for q change Of venue,
surely he is the one May it please your Hon
or, these afidavitS, In support OF al appi'ca.
ton like this. ART worth-how much ? About
The affidavit of Cicero Hughes refers only
to the publicity and notoriety given to the for
mtr trials, and he thinks 1t would he IN the
interest Of justice to change the venue. Is
Honor that a fair and impartial trial cannot
lie had in this county? She statute requires
that there should he such testimony.
J. E. Mundy thinks i Is mot practicable to
get q Jury" sc. Mr.. Hughes thought 1t "im-
possible" Still this does not meet the re-
uuirementS OF the statute.
NJ. Richardson swears 1t will be "rery diff
cult If possible at all' to get fair and Impair
tlal jury. He states no facts to substantiate
his statement.
W. T.. Bell knows 1t has been difficult to ob-
tain jury" What sort OF jury does ne
mean? A jury to convict? John Ferguson
been very difficult to obtain jury to acquit?; :;
j. G. Marshall swears that at the last trial
"much difficulty was experienced IN OBTAIN
ing jury" Too true, says John ferguson {:
behalf Of the State? 1t might be for the rrls-
f. B. Calhoun swears to "long delay and
much expense and trouble" commend MI.
kind. He desires q quick, cheap, and easy
end Of this matter. He Is very KIND. But tne
prisoners lie and liberty are of more value
than the time, money and ease OF the county.
that IT. will be impossible" TO get fair and
imp partial jury: and like Mr.. Hughes he gives
no grounds for his belief.
RI. u. wills IN is shocked because "lnore than
a day was spent" at the last trial In getting o
jury 10 try a fellow-cItizen whose life is at
stake He, too, bcwalls the "much expense
aud touble" and hopes it will be shouldered
on some other county: and he believes II will
be Every difficult if 1t Is prnbable'' to- get Il
fair and impartial jnly. He thinks it "wiil he
in the interest of justice" to remove the trial
to some to some other county. The majority
of those who make affidavit for the State
agrees with Mr.. W ilson in his last averment.
I'm the interest of justice" Justice to whom?
To South Carolina? Surely they do not dare
to say that South Carolina cannot get Justice
at The hands Of an Abbeville jury.