The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-02-14

Then Solicitor rScnumpert opened tDe
constables' eyes. He said:
"ID the first place, I takethe position
that defendant is not entitled to bal
under any consideration. There is moth
ing in the evidence to show that Massey
was an officer Of the law and went
there iu the discharge of his duty.
There is nothing to show that he had
warrant for the arrest of the man
Ballew; he himself testi6es that the
deputy sheriff mad warrant for the
three Moores and Will Center, and
probably one other. Ballew's name
was not mentioned. It is singular
coincidence running all through this
testimony that while all these men
were acting in concert there is no men
ton anywhere of any Of them having 8
warrant for the arrest Of Ballew. As
suming that Massey had warrant fol
the arrest of Crawford Ballew, we are
at loss to know with what he was
charged.
The warrant is not here, snd we
can only presume that he was wanted
for violation of a law known as the
dispensary law. That is not felony.
Not clause in it makes its violation a
felony, and there could have been nc
excuse for the taking of life under any
warrant issued for the violation Of its
provisions.
1--WE have the extraordinary circum-
stance in this case of a deputy sheriff
and so-called posse endeavoring to
make that q felony and an excuse for
taking human life, which the very law
under which they were acting makes
only o misdemeapor. Massey says that
some one was sent to buy whiskey from
Moore. According to Moore's evidence
some one did come to his house at the
dead hour of midnight and woke him
up to 20 and get them some liquor. He
goes and gets the liquor. There perhaps
is no doubt that Massey violated the
dispensary law, but this is not ques-
ton of violation Of the dispensary law.
''It is not involved in it. The simple
question is whether Massey had the
right to shoot Ballew. To show Moore's
good faith and to show that be was en-
tireIy innocent of the object of their
visit, after supplying their wants he
offers to take them over to the rail-
road. The night being dark he pilots
them to the railroad, and after bidding
them adieu and when he turned to 60
they cried: "Haltw and almost upon
the heels of the word 'halt" they fired.
Moore's evidence bears every impression
Of truth upon it.
"After the cry of oh" sounded upon
the midnight air the voices Of women
are heard crying. Crawford Ballew
runs from his house in bis night clothes
and finds his bro:her-in-law shot down.
He removes him to place Of safety,
and at the quest of Moore goes to tell
his wife and sister that he is not badly
hurt. Sarah Ballew then appears and
meets her husband, Crawford Ballew,
who informs her that Moore is not
badly hurt. She goes back into the
house and tells Mrs. Moore not to be
uneasy, that her husband is not seri-
ously injured.
THE two women then hear another
scream that I am killed. Mrs. Ballew
goes out and Immediately returns and
says, My husband has been killed.
Now, may it please your Honor, [ take
this position that, even assuming that
if F. G. Massey, defendant, was armed
with process Of law, to wit, 3 warrant
for the arrest of Crawford Ballew, and
be Crawford Ballew) came out of his
house in the darkness of night after
hearing the cry of distress from his
brother.in-law (Moore) armed with q
pistol or any other weapon, and had
presented it to Massey, even then under
the circumstances of this case and in
the light Of the decision of the Supreme
Court in the case ofthe State vs. Bodie,
he would not have been warranted in
shooting him down like dog, for the
very apparent -"ason, your honor, that
it would have taken away from the
case consideration of every element
of the law fselt-defence.
"Then wherein is Massey excused or
justified, taking all Of the evidence into
consideration. in taking the life OF the
deceased Ballew. Your Honor has no
doubt observed that nowhere in ali OF
this evidence is Massey mentioned as
an officer Of the law.
"DeputS Sheriff Dean himself men
tions several who were acting with
him as posse, but nowhere does he
mention the name of Defendant Mas
soy as one Of that posse. Then, your
Honor, upon what can we assume that
Massey was an officer of the law and
duly authorized to execute her so'ema
process? It is not in evidence and we
are forced to the couc' 'usion that he
<ff Hxyo rcJvofn In6I.
viduals mentioned in the evidence of
the deputy sheriff who accompanied
the posse upon the illegal and Md
night raid.
Now, may it please your honor,
say here with due sense Of the high
position which occupy that the shoot
ing of Crawford Balew under the facts
and circumstances surrounding this
case as evidenced by the extraordinary
testimony taken at the coroner's in-
QUESTION is pure and simple murder.
Regarding it as such | most solemnly
protest against the granting OF ball."
Mr.. Sease thereupon made very
good argument, quoted from the Con-
stitutinn on bail, saying that the evil
dence and finding entitled Massey to
light bail. He was not convicted OF
any crime; he went to arrest violator
of the law. If Massey had not fired
soms Of his party would have been
been killed. Nobody would have stood
quietly by and see two pistols drawn
on him. He summed up by saying
first. the laws were not being violated
by Massey; second, that Massey was
in a posse armed with law and war
rant, thai Bsllew was resisting arrest
and using extraordinary force, which
was justly met by such.
Then he went off on peroration about
the press, when Mr.. Schumpert stopped
the game. Justice Pope after the argu-
nent had been finished, squared him-
self and made 8 brief speech.
JUDGE POPE TALKS.
Iu addition to rendering his opinion
ss TO the bail be said that be had given
the matter no little consideration and
bad carefully retrained from reading
in the newspapers about the
case. He said that it was greatly to be
that the nroceediDpS before