Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-06-30
THE FERGUSON TRIAL.
COMMENTS ON XHE RESULT, And 4 SEVERE
4RRAIGNMENT OF THE JURY SYSTEM.
1Abbeyille Press and Banner.

~ n CIV Id ON " L SSA 1sN~ - VIZ ~NtA
4RRAIGNMENT OF THE JtRY SYSTEM.
[Abbeville Press and B%anner.]
John c.. Ferguson, on his fourth trial, was
acquitted of all legal blame for the killing
of Arthur NJ. Benedict. The readers of the
Press and Banner are familiar with all the
facts of the homicide, and any rehearsal Of
ma in Abbeville county who has intelli.
gence enough to read a newspaper, has, it
is presumed, made up his mind as to
whether it was q crime to 60 to the store on
December "a, 1854, and shoot the Jew while
he was quietly pursuing his daily, work
But whatever opinions individuals may
hold as to the justifiableness or unjustifia-
bleness of the act, and whatever the public
may think of the jury for the verdict, Fer
guson has been legally vindicated. Through
the solemn forms of law, he has been de-
clared innocent of any offence whatever.
The jury have declared that it was no harm
at ali to "kill the damned Jew"
The theory of our system of government
is, that iuries not only reflect the sentiment
of the country, but that they also, "Without
fear, favor, or affection" award exact JUS
tice in accordance with the law and the evil
! dence, but we think that verdict did not
reflect the sentiment of the intelligent and
respectable public of Abbeville county, and
we believe the verdict was not in accord
ance with the law and the evidence.
1t seems to lis that there is something
wrong in our jury system. While it is nc
trouble to punish, even to a cruel extent,
for offences against property, yet the law is
seldom enforced for the protection OF the
life and limb of the citizen. The Court al
every sitting, proves that property is jeal.
ously guarded, but the records of the Court
prove that juries are drawn which refuse
to convict for offences against the person
no matter how aggravated. Is a peck o.
corn in a neglected field of more considera'
ton than the life of a human being? Is the
price of a pig more sacred in the eyes or the
law than the life of a citizen? With this
state of affairs how long will it be before we
are compelled to resort to lynch law? -.
If the present jury system, by which all
offenders against the person escape punish
ment is continued, we must organize fol
that protection which the law refuses to
give, and the excited and incensed moi
must finally be called upon to administer
certain and speedy justice.
[Abbeville Messenger
The fourth trial of this case came on at
the June term of the Court. For the rea'
son that the writer has been engaged in
this case on behalf Of the prosecution, this
paper has had but little to say during the
progress of the case in reference thereto,
The same fact makes it incumbent tc
say but little now. Nevertheless we con-
ceive it be our duty to say that, in oul
opinion, the verdict of acquittal, rendered
in this case, is wrong and is contrary to the
law and the evidence. Judges and prosecut'
ing officers may do their duty, but unless
the juries do theirs, the law cannot be up
held and maintained. Trial by jury stands
as the palladium of our liberties and our
rights. 1t ensures to the innocent man a
safe, a fair and an impartial trial. ltshould
insure to him who commits crime the same
impartial trial, without fear, favor or affec.
ton, with the certainty that if his guilt be
proved his conviction will follow. Other
wise the effect and purpose of the law o.
punishment is lost.
[Abbeville Medium.
The trial of John c. Ferguson was con
Guided and given to the jury at s O'Clock 7,
NJ. last Friday. At midnight a verdict Of
mot guilty'' was rendered and the prisoner
discharged. He spent the night at his faith
er.in-law's and has now gone to his home
in the country. The jury was made up
of the following men: j. f. Clinkscales,
foreman; J. w. Deason, J. B. Etheridge,
G.. w. Calhoun, l.. P. Hardness, Josephus
Bowen, John II. Thomas, Eli Link, r. 0.
Bell, J. 0. Evans, w. O. Cromer, and Ar
thur Bass.
Letter from Ninety-SiX to News and Courier.
The Ferguson murder case has ended at
last, the jury finding a verdict OF not guilty.
This makes the fourth trial of this case. /
am sorry to say thai one Of our Ninety-siX
men was on the jury. How they could
find such a verdict is more that nine-tenths
of Abbeville's sons can see. That, though,
is with them and their God. To give you
some idea of the jury, it is said by one OF
their number, that while they were in the
Jury room having the case under considera-
ton, one of the men asked the name OF
"that large lawyer that made such a big
Speech" When he was told that it was
Solicitor Orr, he asked which side he was
on. He then wished to know who w. G.
Benet was, and asked if he was not on the
same side. He was informed that Mr..
Benet was defending the prisoner. Can
the country expect anything better with
such a Jury as this? Abbeville county has
a stain now upon her fair name that will
take time to erase, if it can ever be done
at all. 1t is a good joke on Messrs. Orr and
from their speeches which side they repre-
sented. On the other hand it is a sad story
to 20 out against our old county that we
have such men to sit on our juries.
Henderson In%telligencer.]
The %acquittal of Ferguson in Abbeville
last week upon the fourth trial, for the MUIR
der of Benedict, is one of those conspicuous
instances in which the courts of our country
are brought into contempt by the failure to
mete out Justice to offenders. If there ever
was an unjustifiable murder, we believe this
was one of them, and there is no excuse for
such a verdict, except that the defendant
had money and influential friends to man,
age his trials, while the poor man he killed
had none. Such verdicts lower the respect
and confidence which the people feel in our
Courts.