Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1895-07-10

ture was genuine. The effect of the
incident was to still further weaken
the weakest kind of defense.
Three witnesses were put up to
show that during his years residence
in Sharon, Shuford's reputation was
such that he was not worthy of belief
on oath. Testimony as to his reputa-
ton otherwise was ruled out by the
court. Quite a number of witnesses
were examined but their testimony,
while important, did not materially
affect the vital points at issue.
All during the trial of the case, there
sat beside Shuford his wife and four
children. By the prosecutrix, were the
Misses Long, who were to appear
against the accused on still graver
charges, and also several noble ladies
who came out to help sustain the un-
fortunate young girls in the terrible
ordeal that they were called upon to
pass through.
Mr.. de Loach opened for the defense,
and Mr.. McCaw for the State. The
arguments of both were highly credit
able. Under the circumstances the
main interest centered in the argu-
ment of Messrs. Mellow and Henry.
Mr.. Mellow, who had conducted the
defense all along with splendid ability,
closed with an argument that could but
command admiration. He analyzed
the testimony with great skill, hand
led the statements of the prosecuting
witness with extreme delicacy, and
then made most touching appeal for
mercy, not only for the defendant; but
for the poor tired fingers and over
worked body of his wife; for the in
nocent children, who, deprived of the
support of their father, would be SUBJ
jected to hunger and cold. He dwelt
on this phase of the situation at length.
Shuford and his wife burst in tears, and
it was clear that several members of
the jury were moved to the deepest
sympathy. Many people in the court
room were ofopinion that Mr.. McDow's
appeal was destined to have an i'm
portant bearing on the case but that
was before they heard Solicitor Henry.
He was not only prepared to argue
facts; but also to meet appeals to
sympathy. He commenced:
II am not here to prosecute inno-
cent men. / am here under oath to
assist you and his honor on the bench
to do justice. I may err, you may
err, his honor may err but, gentle
men, whatever may be led to say in
regard to this case, I want you to
know, upon my sacred word, that l
believe that this man is guilty. And
gentlemen, while the attorney on the
other side has accorded to Mr.. Au-
ten respect, I accord to him something
higher than that. accord to him
perfection of citizenship that is credit
to South Carolina, rising higher than
mountain and before him all should
uncover their heads. For, gentlemen,
did Mr.. Auten not possess this al
most inconceivable degree of virtue,
you would not today be trying L.
Frank Shuford for this dastardly
crime. You would be sitting on the
case of w. w. Auten, charged with
murder. And, gentlemen, you would
not dare harm a hair of his head"
Mr.. Henry's opening remarks made
a profound impression on the entire
audience, and, no doubt, on the jury
as we'll. Continuing, he analyzed the
facts in the case with thoroughness,
and, upon the whole, delivered mas
terly argument in which he appeared
to lose sight of not single circum-
stance that bore on the Nervousness of
Shuford's crime.
Judge Earle summed up the evil
dence in brief and impartial charge,
the jury retired with the case, re-
mained out about 80 minutes and
returned with a verdict of guilty.
Subsequent inquiry developed the fact
that the verdict was reached on the
first ballot; but one of the jurymen
was disposed to hold out for recon-
mendation to mercy.
Defendants counsel gave notice of a
motion for new trial. Solicitor Henry
shortly afterward held a conference
with defandant's counsel and Judge
Earle. In effect, he took the position
that the patience of the prosecutors had
already been strained past the point of
virtue, and any further unnecessary
delay in the matter might prove dan
gerous. The motion for a new trial
was accordingly argrued forthwith,
promptly refused by the court, and