The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-06-15
Important Case.
The State against Singleton y. Mcintosh

Important Case.
The State against Singleton y. Mcintosh
murder. Jurors:
J.RF. Wilson, foreman, F.. .. Cobb,
+. s. Palmer, II. :. Gnson, Jr.'
A. ;. Mckenzie, X. q: Hadoon,
]. Harvey 'Clinkscalcs, p. F. Price,
Atiorneys-Parker & MCGOWAN and Benel
Witnesses for the State-Peter Harmon, VIII
liam Callahan, Henry uchillon, Dr. Sam
Miller. G. 3. Perryman, w. ID. Mann, Dr. j. a.
Gilbert, J. l., Gilbert, Albert Gl6eft: ror de-
A. Walden, Mrs. Mary Mcintosh, :. S. Martin
W. T. Slaughter, Mrs. W. I. slaughter, miss
Mary Mcintosh, G. 5. Cade s. Il. Cnde;, Si'
flaws, Henry r. Hill, +. b, Stark. 7. G. Burch
l. II. q. Martin, J.J. Burch, j. p. shannon
w. Fl. MattoX, Dr. +. f. Harrison, Dr. \. >
HawS, DR.. r. j. Mabry, Dr. Il. L. Hill, DR.. G a
Ncutler, DIR. w. l.. Link.
TESTIMONY FOR THE STATE
Peter Harmon, sworn. said In substance
That Mcintosh had received sliluintnl ol
VIII 'skey from Augusta on Dec. y, lS9l. That
he (Ncintosh) was at Bordeaux station on Sa.
valinah Valley Railroad. That he told MIR.
Newly that his wife had gone TO Abberliie,
and that he had some good whiskey-to ga
home with him and "have little fun. That
Newly consented and that Mcintosh took
him home behind him on his horse. That
nisht Mr. Newby, Mr.. Bouchilon. MIR. Mcln.
tosh, myself. and Will Callahan were all I'D
"Miss Mary's room" That a great deal OF
whiskey was taken. That Bouchillon wen!
home ubort 10 o'clock, and the rest of us went
10 sIeeU. Mr. Newly and Mr.. Mclntos II sleep
ing together in the bed, Callahan, anu inEStii
sleeping on the floor. That Mr.. Mcint"sm Soi
no early next murning before any ul u.s. Ih"i
he gave out breakfast. That about O'CLOCK
when breakfast was ready Mcintosh went 10
wake up MIR Newhy-toId him I" get mp and
eat something.that IL would make MN iItl M
better. That Mr.. Mcintosh then went 10 the
dining room and began 10 eat That in about
fifteen minutes Ncwby came into the dining
room, When he came IN Mr.. McIut"sh ASK
drink andthen sat dowu-had his plate help
ed and BEGAN to eat. He then asked for some
water-it was handed him In the dlpper-a
tin dipper with wooden handle-that aiter
drinking the water he began To break the
dishes In front OF him with the dipper. Nc
Inlush said, 'Stop Crack, don't break up my
wife disheS-She says always play the devh
when she is away anyhow: Mr.. Ne%Dy
broke another plate ana Mr. Mcihtosi @ asken Ie
him again to stop. Newoy lneh si'lu' i IL
break you up the same way.
Mcintosh Immediately got up from the Ia
BILE and lcit the dining room ihronsh ped
room door lust behind his chair. That Mcln-
tOsh did not reply to Newly nj all. Inat
Sewby then got up and started through me
front hail towards the bed room III when
they had all slept That when he got IN me
al the second shot-that he went round the
tahir and saw Mr.. Mcintosh standing with
the gun in his hand. That the gun was IN me
bed room. That Mcintosh when told Newby
was dead began crying, and said Il am sorry
for il, hut | could not be run over in my own
house" That there was not cross word rom
The lime they got to the house Uhlll lhe XIII
ing except Newhy's saying ~ ii break you up
the same way" nut "evcrything was IN love.
Could not see niosh when he shot knew
that Newly and Mcintosh were good friends;
Will Callaham's testimony suostantlated
Mary freeman testified that she was on the
pjnZza next the dining room, and heard all.
Her testimony about The same, except she
says Newby said. damn you, II oreaH YOU
up the same way.
TESTIMONY FOR THE Defence.
The testimony Of the defence in the effort to
show the insanity or unsoundneSS vi mlnu oi
the defendant was voluninouS.
Because the jury having rejected the plea
of insanity, we think the evidence Itself
would he unintereSting. and therefore none OF
the esiimony which was given to prove the
insanity OF the prisoner is published.
THE ARGUMENT.
Friday evening Mr.. MCGOWAN, one Of the at
torncys, made - speech in defence OF the ac-
cused when the Court adjourned until Satur-
urday morning W. G. Benet. Esq. made a
speech of over three hours time in behalf OF
the prisoner Solicitor Ansel followed Tor an
hour. ~
REQUESTS TO CHARGE.
Counsel for the defense ask ed his Honor TO
charge the jury as follows:
LIST. The defendant Is presumed by law TO
be insane; the presumption can b3 removed
by him; and if the evidence OF uiIsoundncss
oil mind preponderates, he Is entitled 10 an
acIuittal.
Ind. If the jury believe that Mcintosh
was Eaboring under Il delusion caused by I'M.
sounducss OF mind when lie committed Inc
homicide, and that he Killed Newby while
acting as he thought IN self defense. SuppuS.
ing hat Newly WIS attempting 10 take away
his lite or To lutlicL great bodily harm, they
must acquit him, even though the danger
was wholly Imaginary.
3rd. Unless the jury believe that Mcintosh
was capable of acting from an evil intent,
and that such evil intent had arisen in his
mind before the act was committed, they
should acqutt.
II isa question OF tact to he decided by the
iury upon all the evidence in the case as to
The suundncss or unSOundneSs OF Mclniosh's
mind at the time OF the homicide.
itb Although the law may presume NAL
ice from the act OF killing. yet when the state
has introduced testimony TO prove the cir
clluslanceS attending The honlc:uc from
which n conclusion Of malice or want ol mai
ice is to be drawn, the presuhpll9h vi i'ia'lre ,
is not applicable TO the case ana chiltloC DC
relied ON, but the jury must be sailshtd from
the evidence OF the existence ol Hlalce pe-
yOnd all reasonable doubt.
9th. In aScertaining the soundness or uh-
sOundnesS of the prisoners mind at the tlihe
cf the homicide, the jury must take mo con
SideratiOn his whole lie. The evidence aN w
hereditary or family predis position, inc eP
ileptic seizures; his long and excessive uHc vi
alrhuholic drinks; the blow on the heiu CIV
Ell by Mr.. Moragne and the results; ms con-
duet: his manner; and his want OF motive III
the commission OF the act.