The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-11-04

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why she told Smith that she did not
know who beat her, she did so because
she was afraid.
Sheriff Blalock, of Colleton county,
stated that the prisoners had surren-
dered to him on the 10th OF December
at the olIice of Howell u Gruber.
Rosa Kearse was in Jail as States wit
ness. With the conclusion OF Sheriff
Blalock's testimony Solicitor Balm
fer announced at4 o'clock that 1t rest
ed its case. The defense asked for a
few moments to confer before putting
up witnesses, which was granted.
The attorneys were in conference for
some twenty minutes after the State
rested its case.
FOR THE DEFENCE.
The first witness for the defence was
Mr.. J. o. Griffin, said that he was the
county supervisor and as such visited
the jail. He had asked Rosa Kearse If
the men then in Jail were the ones
who had whipped her, and she had re-
piled mo"
On the cross examination by, the
State Mr.. Belllnger said that Rosa
Kearse had told him on the Goth of
December. He was asked if he had
told any one about it at the February
term of the court. He replied that he
did not want to be a witness, but as he
had told his brother, who was one of
the attorneys in the case, had him
summoned.
D. L. Smith was at the Walterboro
Jail in January and had talked with
Rosa Kearse. Here it was found that
when Rosa had been asked of con-
versation had with D. L. Smith at the
Jail in December she said that she had
none. She was recalled to the stand
in order to answer the questions as
they related to his visit on the 18th or
18th of January, instead Of in Decem
Der. She denied having even had
conversation with Smith.
D. L. Smith was again put on the
stand and he swore that he had seen
Rosa Kearse in the jail. That he had
asked her why she was there and she
replied that she did not know, that she
had been whipped and put there, and
she did not know who did it.
I'D. Walker swore that he was a
constable and had taken Rosa Kearse
to Jail. He had conversation with her
and she told him she did not know
who whipped her, because it was dal K
and she could not see.
J. w. Warn stated that he had seen
Rosa Kearse on the railroad and asked
her what she was doing there, because
he had learned that she had been
whipped nearly to death. She had
told him that she was not whipped
much. She further told him that she
did not know who whipped her.
Jim Green had conversation with
Rosa Kearse, in which she said it was
so dark that she could not see who it
was that whipped her.
John Kearse (colored) said that he
was at the Walterboro Jail. She had
told him that she did not know who it
was that whipped her, and she did not
think the men in Jail looked like the
ones.
G. A. Walker, o trial justice OF Col.
Teton county held the inquest and
bound over the witnesses. lie had
heard witnesses, among them Pompey
Grant, say that he did not recognize
any of the men who came TO his house
that night. lie was the acting coro'
ner and held the inquest. On the
cross examination he said he had the
mother and son buried in one box, and
there were no clothes on them. He
had issued warrant for the arrest of
the four defendants, and turned it over
himself TO the sheriff.
At & o'clock court adjourned for the
night to meet at 9:30 tomorrow morn
ing.
THIRD DAY OF TRIAL.
AIKEN, S. c., Oct. 29.-The defence
devoted it time today in proving the
good character of the witnesses in the
community in which they lived, and
put up an almost interminable num-
ber to swear to it. The witnesses
were all the best people in the coun-
ties of Colleten, Barnwell and Hamp.
ton, and their testimony had its weight
with the jury.
Col. Aldrich. who spoke first this
afternoon, said that if the prisoners
were dealt with according to the news
paper reports they would have already
been hanged, and the jury smiled in a
way that lead those who saw them to
believe that Alderman, Kearse, Jenny,
Brant, Stanley and HERS will walk
out of Jail free men.
The argument in the case began to-
day at 3 o'clock, with Col. Aldrich up
for the defence. He spoke an hour,
and was followed by Mr.. Howell, of
Walterboro. Col. D. S. Henderson,
of Aiken, closed for the defence. The
argument was on the line that no case
had been made against the prisoners
at the bar. Solicitor Bellinger closed
The request of the charge for the de,
fence was as follows:
THAT if any material fact in the
case depends upon the testimony of a
witness who has been successfully con-
tradlcted, and whose general reputa-
ton is proven to be bad and such
proof of contradiction and of bad char
acter, raises in the minds of the jury a
doubt as to the reliability of the testi-
mony of such witness that is reason
able doubt, and the verdict should be
mot guilty
THAT it is not advisable for the ju-
ry to draw any inference prejudicial
to the defendants by reason of their
failure to take the stand and testify in
the case as witness.
'That the law presumes every man
to be innocent until he is proved to be
guilty, and until proof OF guilt, be-
yond reasonable doubt, has been ad-
duced against the prisoners they are