The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1888-02-09
HOW THE CHIEF JUSTICE
STANDS.
Detailed Report OF Judge simpson :
Remarks on Granting Bail to
Hardy and Bowman.

Remarks Granting SaIl 10
HARDY and Bowman
COLUMBIA, February 2.-There
seems to be some misunderstanding
about the remarks made by chief
Justice Simpson on Tuesday night
Just prior to his granting bail to
Messrs Hardy and Bowman, Of Sum-
ter. 1t might, therefore, be well to
publish, as nearly as possible, the *
act language used by the Chief JUS
tice. He stated that he would rot re-
view the testimony, but injustice to
himself desired to say something.
The following points of law, he
said, were involved in the case, de-
pendent upon the facts:
First. When two or more by con
cert attack another, either premedi-
tatedly or suddendly,and bystander
is killed by one of them in the prose
cution of the unlawful purpose,
whether all of the assallants would
be guilty?
Second. Under the supposition
that conflict arises by an agreement
to meet to fight in public place,
and bystander is killed by either
side, whether all would be guilty Of
murder?
Third. Whether, upon a sudden
riot, both sides engaging in the riot
illegally, and q bystander is killed,
al would be guilty?
Fourth. When one is attacked in a
public place suddenly and without
sufficient cause, endangering his life
and person, and he strikes back and
kills bystander in his own defence,
whether his assailants would be gull.
ty of murder, he himself being ex
cused because acting in self.defence?
AS to the first case, Chief Justice
Simpson stated that there would be
no doubt that all the assailants
would be guilty. In reference to the
second and third cases, without pro-
nouncing any positive opinion, ne
said that, assuming that all would be
guilty, yet whether that principal ap-
plied in these cases under considera-
ton, and therefore would prevent
bail to the parties before him, would
depend upon the fact whether the
afidavits submitted brought the cases
evidently under one of these classes.
In briefly discussing these afidavits
as to this question, he said that be
was not satisfied that these parties
met by consent for a conflict on
either side. Nor was the proof evil
dent or the presumption great, in the
sense Of the Constitution, that there
Ewas a mutual riot, because, as to the
| Keelses-father and son-in one
view of the testimony, it appeared
that they had been arrested, disarmed
and carried to the trial justice office
bv the sheriff to enter into a peace
bond; after getting into the office
and being seated quietly awaiting
the preparation Of the papers, fire
was suddenly and unexpectedly open
ed upon Keels, the father, at short
range. What could the son do
could be fold his arms and look or
with Indifference? Could he have
fed and left his father to his fate? II
he had nature in him he could not
What did he do. He seems to have
started to his Office for his pistol. A:
he passed out of the door his eye fel
upon pistol in the hands Of some
one, who turned out to be the sheriff
He seized the pistol, wrenched i
from the sheriff and wheeled anC
fired through the window at the as
sailant of his father, the door Of th'
Office having been closed upon him
If this be the state of the facts, @
which the Court below will have Il
determine with all the witnesses be
fore it, then it might be held tha
young Keels, if not acting in self
defence, was acting in defence of on
whom the law would excuse him 70
defending, and it lie accidental.
, killed the trial justice by that sho
the case might be brought under tn
7 last class mentioned, and if so h
was not prepared to hold that
! would deprive the parties before hin
Of bail.
In conclusion, he said that ami
the conflicting atfidavits-the vii
nesses not being before him and a.
/ of them unknown to him-it was lr
possible for him to say under whlc
I class the case fell, and therefore til
proof was not evident nor the pre-
sumption so great as to require q
his hands denial Of bail, which is II
q tended only to secure the presenc
! at trial, when guilt or innocenct is
oe determined.