The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-06-15

7th. The Jury are To consider the state OF
McIntOSh's mind at the time the homicide
was committed and II the evidence produced
establishes the fact that his mind was uh-
sound, he should be acquitted.
Stb If the jury believe that the defendant
has been proved OF unSound mlnd at any
time prior to the commission ol me nom
icide. then this condition of mind Is pre-
sumed to continue until the contrary is es-
tnblished to the satisfaction OF the jury.
Arch. p. -.
TIE CHARGE.
The Judge charged the jury substantially as
rpuucst ed by the defence, and At hnlf past Two
o'clock the Jury retired, and the Court took u
recess until four clock
THE Jury STILL oUr-THE FOREMAN SEEK
ING INFORMATION.
ON rc-assembling of the Court, the jury not
being ready to report, business was suspend
ed the Judge announcing his readiness tC
come whenever the jury had reached Ve-
dict, ,
About two O'Clock the Sheriff sent for the
Judge the solicitor. the Stenographer, and
the attorneys in the case. When the Judge
was on the bench and the other members o
the Court were in their places the lury, were
admitted when the foreman asked the Judge
to explain again the difference between fnur,
der and manslaughtcr. When the Judge mao
su.lI
was in doubt, and said Your Honor. If one
of these jurymen should insult me, and If
were 10 20 In that room and get n gun and
come back and shoot him, would that be Jns'
tifjabIe or eNcuSable hOmicide?'
The Judge said. words furnish no excuse
for an assault with deadly weapon. The
question for you to detdrInine Is, was the prls
6ner in fear of bodily harm? Did the de-
ceased threaten the prisoner in such way as
10 excite his fears:'
The judge announced that he would at any
time respond to their call, and not hearing
sooner from them, that the Court would con-
vene ut len o'clock in the morning.
Opening Court on Sunday Morning.:
THE jury RENDER a VERDICT-ANXIErf As
TO WHAT 1T Is.
On Sunday morning at the appointed hour
the Court aSSenD led.
Al that time no one knew whether or moi
the Jury had agreed on verdict. and quite u
mum Der oi spectators assembled TO witness
the proceedings
When the Jury appeared in the room, the
Clerk said: "Gentlemen. have you agreed
upon n verdict:'
rose rom rom his his seat, extended his hand, in
which was the Indictment.
Receiving the indictment from the hands ol
the foreman. the Clerk returned to his desk,
while a death-like e silence prevailed.
Every ear WAS intent on hearing the WORDS
of the Clerk as he might read the verdict.
Waiting tor a minute or so, 1t seemed thal
the Clerk was reading the verdict to himseli
before he would make the announcements
Finally the Clerk read:
"rhe State against Singleton a. Mcintosh
murder. Guilty. Recommended 10 mercy.
j. Il. i. Wilson, foreman
Mr.. Benet gave notice OF moilon LOT new
trial, which would be made on Monday morn
The prisoner was Immediately taken back
to the jail. and Court was adjourned.
The men on the square gathered in groups
and discussed the verdict.
The Jurors whD had been in the Court room
or the jury room, since Saturday morning
Immediately went TO their respective homes
where they might find rest and place lo
sleep.
Monday Morning.
On assembling the Court Monday
Mr.. McGowan, requested further lnits
in which TO make the motion Tor new lrla'
and suggested ten O'Clock Tuesday morning
AS Il suitable hour, assigning as u reason ln'
the delay the e'neccSStry absence OF MT. Denct
of counsel for defendant. The request was
granted.
Tuesday Morning.
On the assembling OF the Court Tuesday
morning, the prisoner was in the dock, aiC
quitea crowd had come IN from the street
and occupied seats iD the auditorium.
In their accustomed places.
AN IMPRESSIVE sCENE-FAITHFUL LAWYERS
MAKE ONE MORE STRONG EFFORT TO
SAVE THEIR CLIENT.
A more solemn scene is seldom witnessed
by any one. Every heart was impressed WIN
the gravity OF the occasion, and in the audi
ence perfect silence prevailed. No one inside
the bur uttered n word except those VINO were
taking part in the performance OF their duly
The prisoner in the dock. was possibly less
moved than those around him.
His kindred bure their pain. Win some
thing of manly concealment OF the deep emo
ton which moved them, though manilestlns
enough Oi palm, or anxiety, or ny Whate'ti
term their emotions may ue dcscrloed' u
excite great sympathy.
But IT. seemed that the chiefest and most
manifest heartfelt distress was on The part ol
his counsel.
Their faces. their voices, their words, their
looks, their actions. all portrayed lhe deepest
anxiety for the welfare Of him for WhOm thcy
had put forth their suprcmeSt efforts.
All that eminent ability and distinguished
legal talent could do had been done ut every
er deserted a client, will work for the prisoner
to The end.
Mr.. Mc(;owan con Intended that II there had
been no evidence for the defence that the tes-
iimony was not Sufficient TO con vicL of mur-
der. lie thought TIN" solicitor expected notil-
ing more than manSlaughler. lie had no 0b-
lection To urge against the charge OF tne
Judge to the Jury. He thought II was fair
and imrariial, and because of his Honor's fair
and impartial conduct 0f The trial. he hoped
that some sense OF fairncSs would prompt
him to grant the motion for new trial.
Mr.. Benet urged 1T greater length and more
elnborntely the points urged in support of the
motion. taking substantially the ground that
Mr. MCGOWAN had taken, namely: That, IL
nnring all the testimony for the defence, IN q
evid dcnce in behalf of the stale was insulli'
ii,1p n
Solicitor Ansel replied In few remarks, 0p'
posing The granting of The new trial. lie
thou. hL the trial had been conducted accord
ing to the rules Of law, and that the prisoner
had been properly convicted.
The Judge said that tins trial had given him
great concern, and that he saw no reason I4I
him 10 set aside the verdict of the jury. IL
the inry had returned verdict or man
slaughter ne would have arcepted II: II was
a question for the jury to decide and having
decided 1t he saw no good reason 10 SET asiue
their verdict.
TIE MOTION FOR NEW TRIAL IS REFUSED
The Solicitor then prepared the following
order and sent II up for the Judges Signa'
ture
A motion for q new trial having been made
in this case after verdict by the jury OF
guilty, with Il recommendation 10 mercy.
and alter argument OF counsel Tor defence III
favor of said motion, and of the Solicitor In
opposition thereto,
Ordered. that the motion for new Trial De
and the same is hereby refused.
r. Il. Fraser, Presiding Judge.
THE PRISONER ASKED TO STAND UP.
Mr.. McGowan went to the dock 10 be nen
his client in the supreme moment ana
soon Mr.. Benet Joined him on The other side.
AT the conclusion of the words by The
Clerk in the re-i,rraignment there was pause
and u silence. The Judge and the Solicitor
were looking at II small book in which IT, Is
SDl hnIE a.
with view tn fixing the fatal day.
When the Judge had finished writing, he
said that he would not give the prisoner addl-
tional pain, and would iorbcar to harrow the