The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-06-01
TRIALS FOR MURDER.
Some Thoughts on the Subject from ths
baptist CodrIer.

| >AN0h Va WIZ ouPItOU lU
recent issue of that excellent paper
says ne stepped into the court muse
not long ago and sat for few moments
among the silent listeners. A murdel
TRIAL was In progress. We heard two of
the eminent counsel for the defense
What we there heard and what we have
. : heard on other similar occasions. ha,
Leo us to some reflections Oh the subiec
OF trials for murder,
IL seemed to us that an exceptional,
} good man was on trial for his life. Il
Is true, he had killed a man, but if W,
| were to Judge from the argument OF
| the counsel, the killer was all right anC
the Killed all wrong. The lawyers sale
ne dld right in taking the life of hi.
fellow man; "he did just as you woulc
nave nay done, gentlemen of the Jury, anc
just as any other honorable gentleman
would have done" The slayer was {
nero, ne was almost a martyr, and the
grand jury, the solicitor and the Judge
must nave felJ very badly for taking
, part In the work of prosecuting this
hlghminded, brave and model citizen
Ihe accused, no doubt, was surprised tC
Know that he was such a good man
| what his attorney said about him
must have been q revelation to himself
Ihe question arises, can the attorneys
| >'AS''oSANSS bSllCSC "lltD lHGy SAY WneO
they are speaking of the "prisOner at
the bar IN such fine terms as we com.
mcnly hear during the murder trials q?
Gan they believe it when the mans lite
has been a contradiction Of all they say ?
III they do not believe it, how can they
say these things? The sincerity of the
average lawyer is doubted when he ex-
travagantly eXalts the character of the
slayer and says hard things of the slain
l-trylng to throw all the blame on the
latter Tor bringing great "misfortune"
upon the former. In most cases, to an
unpreJudlced spectator, 1t looks like the
dead man is being tried and condemn
| ed.
we are sure that the counsel for de-
tense has too much latitude. lie not
only defends the accused; but he brow
beats the witnesses, he abuses the dead
and he would make the impression that
my friend Oh the other side" 1.-THE sollc-
itof, IS an lgDoramuS: he questions the
| honesty of the juror if he decides
against him, he criticises the Judge.
| ihere are, OF course exceptions. All
lawyers DO not pursue this course. The
average lawyer does almost anything to
gain his case and clear his client. TO a
mere lookeron, it seems that instead
OF trying to get the truth from the wit
ness the examination is intended to
make the witness tell falsehood. The
witness is entangled, confused, made
angry if possible. TO tell "the truth,
the whole truth AMI nothing but the
truth, Is thing Of the past. The
formula night as well be changed: "rell
the truth if 1T helps our side, only
enough OF the truth to help our side,
something else rather than the truth if
necessary, to help our side" This seems
10 lie the fayorite method of examining
witnesses in many cases.
We believe that counsel for defence
has abused another old principle ana
privilege, viz, "the shadow Of a doubt"
Ihls has become a strong plea. perhaps
the strongest, in many cases, the cnun-
sci can make. 1t usually comes at the
close of the argument. If there is a
shadow of doubt in the minds of the
jury, they are charged, again and again,
TO give the accused the benefit Of the
| doubt. This is very well in cases of
clrcumstantlal evidence; in cases of self.
defense, this principle, intended as a
great safe guard, Is often abused. "Bet-
ter that nlnety-nine guilty men escape
than that one innocent man suffer"
they say. AS a result of pushing this
principle to the extreme the guilty are
escaping every day, while the innocent
are suffering. The guilty are escaping
ana the whole body polite is suffering;
Justice, good morals, society. ali
must suffer, because shrewd ma
nlpulator OF evidence and law has en-
klhdled a doubt in the minds of some
tender-hearted jurors.
Inc faVorlte plea, self-dcfence, is |
grossly abused, and by its abuse a great |
rl2ht is made to DO great wrongs |
Ihere are very few real, genuine cases |
of self-defeuse. Some of our Judges
have correct ideas of self defense, and
they give clear definition of the law.
but unfortunately they are not allowed
TO review the testimony in charging the
Jnry. The Judge may state clearly the
points OF law and define the different
kinds of killing, but when the counsel
Tor defense has said in his argument,
NOW, gentlemen Of the Jury,
what would you have done, had YOU
been in the place of the accused? Why,
you would have done just as he did"
the average juror will be sure to re-
member this and forget all tEat was
would you have done?" That is
another favorite plea and with very
many it decides the case for self
defense, a perfectly clear case of just
lliable homicide. Feeling enters.
evidence is forgotten, the ends of just
Ice are defeated, the crime is lost sight
Of, the Vindication of the law is not
fought of, the criminal comes out
hero and walks the streets with head
erect without a blush.
The whole trial has been a farce.
People look upon it as such. Those
who have no regard for the rights, the
persons, and the property of others,
are not afraid to take vengence Tor an
wrong-they are not afraid
to kill. They haye nothing to fear,
little to dead, except the loss of time
and money. The man who kills an
other may be placed in Jail for a few
weeks, as a matter of protection. If
ne chooses to remain in jail till the
trial, quietly waiting for popular indig-
nation to cool down. he does not suffer
any special Inconvenience. He may
have his feather bed brought from his
home, he may carpet his floor, he can
have his meals furnished from the
hotel, he can manage to get his wines
and cigars. he njoys the company of
his friends as often as it suits him, he
reads the papers, he keeps up with all
The news and knows what public sen.