The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-10-23
THE TRIAL OF PETERSON.
The Prisoner Answers To the Charge
Of Murder in the Killing of ]. j.
MoseIey-After an Able Defence
He ~ Convicted of Murder.

Promptly at half past nine O'Clock on last
Saturday the Court OF General Sessions was
called to order. Judge Benet on taking his
seat announced that the first case on the
docket was that Of the State against Thomas
Peterson alias Thomas Peters charged with
murder. The Solicitor announced that the
state was ready. Mr.. Magill of counsel re-
uuested postponement for few minutes as
Mr.. Graydon, the leading counsel was aosenl
from the Court House, but would he present
in a short while.
MOVING FOR A CoNTTSrASCE.
When Mr.. Graydon appeared in Court ne
said: .,,;,,, :,
fne the prisoner to move for u continuance ol
his case. The time lapsed between tne
tradgedy and the trial has been so snort that
there Is likely TO exist prejudice against lne !;
prisoner All the Jurors nave he Inn nnseibIe 10
secnre a Jury but what has formed or express.
ed an opinion and, besides, nice questions OF
law will arise in the case, and | and my COL
league desire time Ia prepare and study up
The Solicitor replied that he would resist
the motion and would insist that the case ne
tried.
MUST GO TO TRIAL.
Judge Benet said il was true that the homi.
eide had but recently occurred, and SAID tnat
H. had caused much comment and consequent
curiosity, but that tht. State and the deien,
dent were on an equal footing, that counse,
could not be held so responsible, as they had
AT this term of Court, as If they had been reg
uiarly employed by the defendant. Ihat Tue
State only expected them 10 do the oest lhey
could, under the circumstances. IhaG amy
La, t.x~x al ~ ne
he was sure counsel could grapple Will sue
cessiuly; he had this idea In view When ne
appointed them, and that he would endeaVor
TO aid counsel in securing perfectly Impair,
tal Jury. The prisoner and counsel need
have no fears but what fair and impartial
trial would be had. Under the circumstances
the case must 60 to the jury.
The prisoner had been previously arraigneG
ana pleaded not guilty. He was then placed
in the dock to stand his trial for the killing OF
+. J. Moseley, State Constable, at Greenwood
s. c., on Saturday night, October y, lsH
DRAWING THE JURY.
Clerk Bullock then facing the prisoner told
him that the good and lawful men. whose
names he would hear called, were the ones
II he objected TO any of them he would 90 SO
as their names was called 10 the book 10 De
sworn, and before he was sworn.
The first name called was that OF Mr. >. A
Mr.. Graydon asked that each juror be
sworn upon his voirdire.
The Court then addressed the usual ques.
tions to Mr.. LomaX, namely, II he was reiateo
by blood or marriage TO the prisoner or the
deceased; if he had any interest IN Inc .Ner-
dibt; If he had expressed an opinion for or
against the prisoner; II he was opposed 70
capital punishment Al the questions oe,ng nas
answered in the negative. Mr. LoinaN was
then accepted and sworn.
A. J. Penney-Like questions and similar
answers. Sworn.
Sam WellS-called and objected 10.
A. C. Participated to-
], w. Crawford-prisoner objected to him.
A. J. Woodhurst-eXamined by the Court
and sworn.
J.H Barksdale-sworn.
WCF, ,McClelIan-objected to.
K. C. Brownlee. Sr.-had expressed an opin
ion and was stood aside: -
Z. b. Logan-nad likewise expressed an
opinion, us To the guilt or innocense OF the
prisoner and was told TO stand aside.
P. A. Roche-was sick, so the State objected
to him.
j. w. Rykard--Sworn.
=. Z. acknowledgement TO-
Jasper Carlile-sworn.
T. G. Shirley-objected To.
Jonn McMahan-objected 10.
B. F. Mattison-objected to.
J.P. Purdy-obJected TO.
X. II. Puck ett-sworn.
w. w. Black-had expressed az OPINION
and ordered TO stand aside.
Geo. A. Holand-sworn.
Evans Gordon-Sheriff Nance stated that
this Juror was quite sick, that Dr. Hiii H. had
lust gone TO see him. so ne was passeu p!'
! L. w. Mars-sworn.
J. c. McLain-had expressed an opinion
aud Stood aside. -,
the deceased. AS his first cousin had married
A nephew OF hers. He had known both the
deceased and his wife long and intimately, SO
IL was thought best that he stand aside.
w. J. Gaines-Mr. Gaines staieu tnat ne
was close reader OF the papers, that ne had
heard the evidence, and was afraid that he
had O little more feeling about the matter
Than he ought to have, SO he was excused.
Fulton Cllnkscales-was opposed TO capital
punishment.
The Judge stated that the Supreme Court had
already intitnated that II was simply short
of 4 shame" TO excuse man from serving on
jury, merely, because l!e said ne was oppos,
ed to capital punishment, that objections 10
capital punishment were not sufhcient, bul
he must have religious and intellectual
scruples which would prevent him from
agreeing 10, and signing verdict wherein
capital punishment was the result.
The Solicitor came to the rescue of Mr..
Gin kscales and peremptorily challenged him.
RI. Hutchison-was connected about third
cousin. stood aside.
J.C Haddon-sworn.
J. y. King, Jr.-had expressed an opinion
stood aside.
T. w. Sanders-objected to.
F. A. Rogers-had expressed an opinion
stood aside.
:. p. Cowan-obiected to.
A. King-had expressed an opinion stood
Clerk Bullock here arose aud stated that the
paCel was eXhaused.
THE PANEL EXHAUsTED-NEW vENIRE
The Judge then directed the Solicitor to
draw an order for a new venire. There were
two places to fill on the jury. His Honor
said that In view of the Voirdire he would
have more than two jurors drawn and asked
how many the counsel would suggest. IL was
finally decided on eight. Treasurer Blake
and Auditor Bradley we're called 10 draw the
new venire. When, Just here, 1t was disrov-
cred that, by an inadyertence, the name OF
one juror WAS left in the envelope in the hat.
II there was no objection this juror would be
drawn. There was no opposition 10 this and
Mr.. Crow ther was called, but he had express
ed an opinion and was refused.
The Court then ordered the Clerk TO make
out the tickets OF all jurors not engaged in
this case and they were discharged and eNcns-
ed from further attendance. There was no
objection TO the jury dispensing and after
having been cautioned by the Court not TO
discuss the case with any one. not on the
panel, and not TO hear any opinion or 10 eX-
pressed theirs, the jury was excused until
three o'clock p. m.
Court convened at three O'Clock.
Mr.. w. T. King of the new venire was pre-
sented. Mr.. Graydon objected 10 Mr.. King,
because Sheriff Nance. brother-in. law of
the deceased, had served the writ, and quot.
ed the opinion OF the Supreme Court in the
case of the Stale against j. Minis Sullivan
and an English case OF McQuaig in support
of his position.
Judge Benet said that no suspicion should
attach 10 the way in which the jury Is drawn.
Quaig was IL Jury commissioner, he went
ABOUT through the country, and drew The
panel. The only requirement in our State.
was that the parties drawing the jury should
q Sh0nld
pear. In this case it seemed that there was
no mystic interest OF the Sheriff. The jury
box was filled when he WAS not present, and
he did not pass on the jury or assist in their