The Abbeville messenger. (Abbeville, S.C.) 1884-1887, 1886-11-16

whom the defendants could not safely
80 to trial. In support Of his position
Senator Butler asked leave to read sew
eral documents, one Of them being let
ter under date Of November 8, from
Governor Sheppard stating that he
would be unable to attend. This he
regretted vey much as some Of the de-
PENDANTS had already paid him a large
proportion of his counsel fees and for
that reason they were naturally anxious
that he should represent them person
ally. He did not think that the contin-
uance of the case would work any hard
ship to the State or involve the county
in extraordinary expenses or any other
inasmuch as the defendants were all on
good and sufficient bail. Senator But
Ter further urged that in The absence Of
Governor Sheppard the case could not
be defended with the necessary degree
of care that was desirable, inasmuch as
Governor Sheppard was best informed
as to the interests of the defendants
from the fact TINT he, Of all the counsel
for the defence was most familiar with
the merits of the case. To deprive the
accused OF such counsel, at such
time would he thought result most un-
fortunately if not fatally. Senator But.
Ter then produced about dozen affida-
Wits, all tending to prove reasonable eau
ses for the absence of witnesses. Ho
had no. Sdoubt whatever that he could
bring all the grounds on which he asked
for the postponemcnt if it was desired.
Attorney General Miles urged that
the trial proceed. He thought it best
for the State and for the defendants, for
witnesses and for counsel. He could
not, however agree with Senator Butler
that the mere absence Of some of the de-
PENDANTS would be u sufficient ground
for poStponment. It would Of course
preclude the trial Of the absent deien-
! dants but the case could go on as to sew
cral OF the others. He thought that
he sutficiency of the ground Of delay
OH account of the absence Of Goverrsor
Sheppard was matter entirly within
the discretion Of the Court.
After short argument by counsel on
each side on the points above indicated
he j udge said that the case was an ex-
traordinary one on both sides and he
felt grave responsibility in the matter.
1t was Of the greatest importance that
the docket should be cleared and it was
with that in view that the Legislature
had passed an Act providing that the
Edgeficld. Court should be held after
the Richland Sessions, tn order that
there should be no embarrassment either
to Counsel for the want of sufficient
| time. He was the more anxious he said
that the case should be tried because
there would be involved in the proceed
ings some points requiring mature judg-
ment He regretted therefore that at
the next term Of the Court there would
preside in the place Of Judge Cothran
some lawyer elected to fill the position,
|
he might be still he would be unable to
handle case Of the kind under discus
sion.
In reference to the absence Of Cover
nor Sheppard, Judge PRESLEY held that
there was no precedent to warrant him
in holding it to be good ground for
postponement of the trial in case other
able and distinguished counsel were pres
ent. As to the absence of the witnesses
he ruled that continuance would be
| granted fthc defendants submitted affi-
davits stating that the witnesses would
prove, and the prosecution refused to ad-
nit such proposed proof as part of the
testimony. But the most important as
pect of the situation, Judge PRESLEY
said was al to whether the prosecution
intended to sever the case.
Mr. Miles then said that he and solici-
tor were Of the opinion that the deter.
mlnation should not be announced until
the trial was about to proceed He sta
thtcdat the o ffidavits read by Senator
Butler showed that the very two of de-
PENDANTS, Parkman and Holmes who the
State had determined to try first in case
severance was had, were unable to so
to trial.
Judge PRESLEY then ruled that unless
Il A. = r.. j.