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

OuI "llueSSeS uTe DOIeSpCTb WllueSscSs 1HSS
are to testify as to facts. Can't we'll go on
without Mr. Riley and DR.. Wadder. I am
sorry to cause delay. The other side caused
gence.
The Judge-It thought the witnesses were
tritlng with the Court would send for thein.
Mr. BenetMUsuay Court does not get IT Im, tbs
Court, and they knowing this fact. no douot
were not impressed with the necessity of
prompt attendance this morning.
we e &c could employ the ,s' time 1s of the Court it
| would make less difference. But If we
have to wait the trial Of this case 1t Will
be just so much time lost.
SO,icitOr-If we are not going on with tnls
case, / would like to know the fact. 1t 40 not
like to press this matter but if there Is to be q
continuance would like To ascertain the 1act
as soon as possible. Shonld not like to delay
because Of absence of Mr.. Riley and Mrs. Fer
guson. It's now ILLS o'clock.
, Mr.. Benet-We are not asking for contin-
uance. / hope, since the Solicitor caused so
much delay last week, that he Will not press
| us now.
| The Judge-I assume all responsibility for
what was done last week. 1 don't want to
hear anything more of it,
The Judge-If motion is now made for de-
lay, it must be to continue it over term. Mr
Benct, could you ascertain within an hour If
witnesses are on the train?
Mr.. Benet-We might &C, on and complete
The Judge-Call absent jurors.
The Clcrk-All are here but five.
Ahsentees called. Three didn't answer. IL.
J. Kinard, II. G. Moseey aud j. NJ Richey: y;o.o
| The Judge-But two then are absent.
| The Clcrk-Yes. sir.
Mr. Banet-I have no desire to delay the
Court. will consent to 60 to trial II the State
will admit testimony at last Court III case
our witnesses do not come.
| So.icitor-We consent to that.
Mr.. Benet-Dr. II. G. Waddell. the steno-
graphcr IN forms me, will not be here In con-
The Judge-Let DR.. Waddell be sent for, and
| lei him understand that make no reflection
on him by sending for him. How tar does he
MIR. Benet-He lives twenty miles, but I
have arrangements to telegraph for him and
| get him at any time.
| The Judge-Is the State ready?
SOlcitUr-GeS, sir.
The Judse-Is the defense ready, with the
condition named by counsel?
| MIR. Benet-We are.
The Judge-Do you valve formal arra1gn-
Mr.. Benet-We waive general arraignment,
but put in plea OF not guilty because OF uii-
soundness of mind at the time Of the homl-
eide.
The Judgc-Mr. Ben ct let me speak to you
and Mr. Orr for q minute. Mr.. Benet and the
Solicitor then went forward and after snort
while they returned to their seats, the Judge
l L
proceed with the regular arraignment
Prisoner standing in the dock, the Clerk
then proceeds to make the arraignment.
The prisoner stood in the dock during the
the gate. When The prisoner was asked TO
answer to the charge, he said: Not guilty"
Mr.. Benet added Because Of unsoundness
OF mind at the time of the homicide. We de-
sire to make a special plea, your Honor
When the prisoner announced his readiness
to come to trial "by God and his country,
the Clerk said two jurors were still absent
one had gone out OF the State, but the other
would come by the train that evening".
The Judge-There are, believe, thirty-1ouI
members OF the panel present. Call the roll
again, Mr.. Clerk, to be certain.
The CLERK Jurymlenh "a are 1 mere i,o
fore proceeding with case SO important as
'';Iii The Judge-see case of the State against
The Solicitor-Two or three cases. State "
Dodson. solicitor reads.
Mr.. Benet-We object, your Honor, because
the panel Is not full
The Judge-There is no authority for object.
ing because the panel Is not full.
The SOlicitor-The maximum number is 20
but the law does not fix minimum number.
| Mr.. Benefit seems that this Venire never
was full. 1t is the prisoners right TO nave q
copy Of the Indictment and n list of the ju.
rOrS at least three days before he comes &c
trial. This venire was never drawn. Inc Ia"
certainly prescribes that thirtv-siX Jurors
shall form the panel. When / consented tC
go to trial it was, rs thought, with express
understanding tnat the venire would be COM
plete. We ask that venire be completed;
The Judge-lt IS seldom that the Venire Is
full. If the defendant expressed willing
ness to 60 to trial under a misapprehension
that is a matter that addresses itself to the
Court
Mr.. Benefit has been the rule In Court,
think, to have full venire.
The cSolicitor-Lust Court it was filled up be-
cause so many were absent.
| The Judge-I will not have the panel fued
up will note your objections If you so de-
sire it. Proceed Mr.. Clerk with the arraign
ment.
Tie prisoner was then arraigned in the us
ua form, and the Clerk proceeded TO organize
the jury, by presenting members Of the We
nire. The first juror was:
II. G.. Observation-Disclosures requested that he
be examined on his roir dire. He had not
formed an opinion as tu the guilt or Innocence
| of the prisoner The prisoner objected TO him.
| J. f. Uldrich, caled-He said he had formed
or expressed an opinion as to the guilt or IN.
noccnce of the prisoner, but thought he could
render fair and impartial verdict. lie had
no bias or prejudice one way o: the other.
Mr.. Bcnet--May 1t please the Court: It is
lust as well that at this point ] should make q
remark or two to your Honor on the suDlecl
of examinations ON roir dire. This juror has
|
ed an opinion as to the guilt or innocence Oh
the prisoner, and he has added as positively
| that in spite Of that opinion he can give the
prisoner q fair and impartial trial. 1t matters
not whether his opinion be that the prisoner
is guilty or innoccnt-nor whether his opin'
| ion be for or against the state. / shall en-
dCavOr to satisfy your Honor that the lact tc
! which he swcars- that he has formed or eX.
pressed an opiniOn-ipSo fucto renders him IN
competent to serve as Il juror In this case LEI
me read to your Honor our Statute, Section
22Gl, which guides the Court in this eXanl1na.
/ ton:
"Thc Court shall, on motion Of either party
| in suit, examine. on oath, any person VINO IS
called as Il juror therein, to know whether he
! is related to either party, or has any interest
In the cause, or has expressed or lormea
any opinion, or is sensible OF any bias
or prejudice therein, and the party OBJ
other competent evidence in support OF the
objection. If it appears to the Court that the
juror is not Indifferent in the cause, he shall
| be placed aside as to the trial OF that cause,
anu another shall be called"
The Court will perceive that the test OF the
competency or incompeten"y OF a Juror Is,
whether or not he is "lndifterenl," without
leaning one way or another. MIR. Uldrich says
| he has formed and expressed an opinion as 10
the prisoners guilt or innocence. VIII the
Court hold that he Is "indifttrcnt" What is
ian opinion?' 1t is the motor power which
governs our mind or intellect. The mind is
actuated controlled. guided by opinions: The
more intelligent a juror is, the more is he In.
tluenced by his opinions. The uninteligent
mind may be swayed by prejudice. bias. or
sympathy, but the intelligent mind, Whlcn
forms It's opinions only on good ground, ana
after mature reflection is swaycd by Its opin.
ions only.
Again, human nature is frail, and pride OF
opinion is stlong, and when your Honor asks
an intelligent juror, who has sworn TO - FORM
ed opinion, whether he cannot give the de-
fcndunt fair and impartial trial, there are
very few men, and these only of the highest
order, who will rot answer th;rt they could 90
SO. Ii is not uncommon for jurors when ask
cd this question, to regard it q reflection upon
their Intelligence and integrity, and they con-