The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-04-17
A New Trial for Aughtry
Strong Suspicious of His
Guilt Will Not Do.

COLUMBIA. April 10.-Augb.ry has
a new lease of life. He will be given
another trial by order of Judge Earle.
1t bad been thought that the case was
at an end, but no ooe will complai"
that Aughsry has been given another
chance 10 show that be is an innocent
man. When the Court assembled this
morning Judge Earle without delay ad-
dressed himself to the motion for a new
trial and explained his position in these
words:
Well, Mr.. Solicito. and gentlemen
of the defence, 10 the case Of Thomas
C. Aushtry l have given to this motion
a most earnest consideration. indeed
have thought of little else, except when
| am actually eogaged in Court, since
the motion was made. | have read aud
reread the testimony. | have fully
digested all that has been said Oh both
sides. In this State the jury are the
judges of the fact, and the Court is the
judge of the Law, and where q jury has
rendered a verdict of guilty the only
course left open to tie defendant, so far
as the facts are concerned, is to move
for a new trial. If that motion be re-
fused that is an end Of she matter.
That is his last chance. The Supreme
Court has only jurisdiction in matters
of law.
In some other States upon q demur.
rer to the evidence the Supreme Court
of the State review the testimony aud
determine whether or not the verdict is
sustained BY the testimony. In this
case twelve good and true men have
passed upon the questions of fact The
Court was impressed with their i%utelli-
gence and has 10 doubt that they we're
entirely conscientious. This killing
occurred at a recept date and the whole
community naturally aud properly has
been wrought up to the highest pitch
The public mind vas scarcely in a cor
dition to give to the case that cool and
deliberate consideration a case of this
kind demands.
How far should a Circuit Judge
interfere with a jury, When the presid-
ing Judge is satisfied that the jury was
an intelligent Jury. that the jury is con-
scientious aud that the jury have
weighed all the testimony aud so far as
able have found a verdict according to
the Evidence and the law as given to
them? How far shall the opinion of the
Circuit Judge, if it should be contrary,
If it should be interposed. interfere with
their finding. 1t is a position Of the
greatest responsibility. because. as |
have said. in this State there is no
other tribunal that can be appealed to.
andso usoa a motion for e uew trial it
deyolves on the Circuis Judge to say
whether the man should suffer death or
not. ThAs being the case bis cos
science oonpes him. IL be does not
concur with the jury. to say so.
Nov the we'll establshed rule in
cirous,sssssiA esdeese is that the cir
cunasssnees nass.eos only point to the
guilt of the accused, that the circu.n-
stances. uast not only be consisteas
wirh the guilt Of the accused. but
absolutely inconsistent with Any other
responsible hypothesis Of bis innocence.
It is not ioconsisseat With any reason
able hypothesis Of bis innocence if it
does not establish his guih beyond q
reasonable doubt; excluding any other
hypothesis than his gnilt. which may
be reasonable, then circumstaptial evil
dence fails.
I cannot say in this case that my
mind is satisfied aud it devolves upon
me. under the Law. il I do not grant
this Bew trial, to sign the sentence Of
death, and If l should sign it. not con-
curing With the jury. then I would feel
that have taken part in a judicial
murder.
It has been said that it is better for
ninesy.uine guilty persons to escape
punishment than for one innocent man
to perish, and | might add that it is
better for the country that g Murderer 60
u~nwhippedyof justice than that he be
found guilty and sentenced to death
where the proof fails to come up to
that full measure which the law rs-
quires. Unquestioosbsy the evidence
in this case warrants the conclusion that
it is highly probable that he is guilty.
There are strong suspicious Of his guilt,
but strong suspicious will not do
The man Who takest the life Of his fell
low ma forfeits his OWE life, but When
the people in their sovereign capacity
undertake to say ''your life shall be
taken because you have taken the life
Of your brother" the people must be
careful! that his guilt be proven. If he
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