The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1889-06-05

tried, and the consequent large number OF
witnesses, brought quite number or our
Ielow.ctizens to the Court room on the us
scmbling of the Court
Abbeville has never presented so large q
docket and so much business for the June
Term. and this fact alone give more than the
usual interest to the Court
The case, in which all seemed 10 hnVe more
interest than the rest, was that Of the state
against John I. Lyon, charged with murder
in the killing of d. l.. Mabry. The trial OF
That case Is set for Thursday morning.
The grand jury was called and all found 10
be present. His honor charged the grand
jury at some length. He read TO them the
oath which they had taken, stating that the
violation of this oath was perjury. y crime
that no honest man desired TO he guilty OF.
That If the oath Is faithfully followed, no
mistake could be made. The finding OF Il
true bill BY the grand jury was not final de-
ciSon of the guilt Of the accused. 1t was an
rX partc hearing on behalf Of the State. II
the testimony subStantiated the charge and
twelve Of their number agreed, true bill
should be found, otherwise no bill. Dill
gcncc and care must he used. Evidence, ana
not personal feeling and wild rumor, should
control their actions. 1t was not the fault OF
the jury if the proof failed. They were, he
Suid the sole judges Of all other matters sub
milted TO them, such as the peace ana quiet
uf the community, and to supervise the
municipal affairs Of the county, public offices,
roads, bridges, ferries, trial justices. and all
violations OF the law, where individuals fail.
ed 10 report them, such as adultery and OBJ
struction of highways etc. They must not
nor those of your fellows aud your own.
rhe deliberations OF your body must not be
known outside Of your room, except by the
bills you render.
provemeut could be made in our petit jury
system, that Is, the trial by jury. 1t Is a wise
and beautiful system. but If there are defects
in it let lis eraiicate them. The unanimity
4 I,,Gtf tffl TN
icated by one voice on the jury and he could
see no reason why such should be the case.
The necessity for the rule had passed and the
rule should be dropped.
In oldcn time the jury was drawn ana man
ipulalcd by the Crown. Then there was u
necessity to protect the system by the nnanim-
ity rule. This was now no longer the case.
The country is often aslounded at the VcrdictS
of petit jurles, especially at the south , ana IN
loose by this rule. Men knowing That one or
two members OF a jury might be corrupted
were more apt to commit crime. why
should this rule hold good in our petit jury
system, where in the Supreme Court OF the
State and the United States the majority rule
prevailed, where millions OF dollars were In
volved? His honor recommended to his
brethren OF the Bar the perusal, with care Of
a pamphlet on the subject by Henry {. Cald-
well, an eminent jurist, who had given the
subject much thought. He read extracts from
the pamphlet sustaining his own position:
this matter and spoke or IL like a man who
was convinced that he was correct. He gave
many reasons and illustrations that we have
been unable to give in this short notice Of his
charge.
the names OF the petit jurors, all Of whom
answered to their names, except J.C Haddon,
Thomas Jones and S. \. Hinton. These three
were excused by the court on account of sick
hess, and other diSQualihcationS.
The ruSp against Edgar OutZ was first called,
and at The request OF the Solicitor, ii was plac-
cd on the contingent docket. Outz Is charged
with embcZzlemcnt, was not present to an
swer 10 the charge. lie had been arrested,
but had made his escape and the case was
marked continued.
For Burning Il House.
The first case tried was that of William Toll
burning an untcnantcu house. Mr.. ID. ii.
MagiIl appeared for the accused. The case
was tried at the last term Of the sessions
court, but resulted then in miStrial.
The following was the jury to try the case
Jill. Morrah, foremn, G. P. O'Neal,
ID. w. Thomas, i. l.. MOrrah,
W. a. Dunn, Eb: Sharpton,
d. j. Raburn, Il. II. Burdctt,
H. Il, UaddOn, j. +. ClinkScalcS.
DR.. W. To@nes Jones, sworn Lives In Cokes-
Took them up. William Wares brother
claimed them. Charged them one dollar and
fifty cents for them. He left when William
that he must pay Mr.. Lipford and get his
stock. He Identified the stock as his and In.
sisted on getting them. That night an untcn-
imied double cabin and crib were burned. 1t
was was @ Iincs hnn T .., %ot there found Inc
house burned and had William Ware arrest
ed. There is a public road near by. He lived
about three hundred yards from the burnt
AGIg
liam II llc saw the fire. The building was In
plain and open view OF his house. Burnt
house was worth twenty-five dollars. Fire
was about the 18th january, 1889.
near the house. Closest about hal mile:
Public road is much travelled. Had had
,thcr houses burned before the hog convcrsa-
ton.
Rrdircct-My store house was burned before
his.
y. j. Lipford, sworn for the State. Lives on
DR.. Jones place. There was some cattle iak-
nn up. Was told to collect fifty cents Il piece
for Them. William Ware claimed one Of
Ihem and said one was his fathers. | asked
William Ware several times to work for me.
lie promised TO work for the cattle. lie de-
:lincd to work, rs the cattle had hurt nothing
said it was not right. Said there had been
one house burned, and that there would be
more. Said if they did not quit their mean
ness, other houses would be burned. Next
morning after the fire, discovered track
through the stubHc field crossing railroad
rack ut an unusual place, into Il path that
went To Williams house. The track made an
lnusual impression and had the appearance
Of being Il number nine. / made him put his
DOT in the track. He put it cross ways ut
irSt.
Cross. examined by Mr.. Magill. 1 came
rom Laurens county: DO not know that
here was light In Williams house. His
loor was nearly facing the fire, and was shut.
saw him buy some nails for his boots. Boots
,orresponded in length and breadth with
rack. Saw no nails. Do not believe that inn
PRESTON Of nails was made in track. House
vas set on fire from inside. DO not know !
whether the man who made tracks was ever |
lear the house that was burned.
Redirect-He did not bring out old boots |
yhen asked for them.
Geo. Jones, sworn for the State. saw the !
onlr oni nnnnGIfa Willia m q hQuSa rrHrk '