The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-03-04

| lawyers make desperate eHOfC 10 Gre
ate the shadow of a defense, must re-
alize that this was another case in
which-from whatever cause.-The
ewes of Justice have been bound and
the unbalanced scales taken from her
hands and in the sight OF an enlight'
ened, order loving country, liberty is
unprotected, truth is without honor
and Justice is mockery.
Colonel Aldrich in open court today
made an oral application for bail for
the six prisoners in jail-the four de-
PENDANTS in the Hannah Walker case
and HERS and Campbell in the case
in which they are charged with the
murder of Isham Kearse. The last
two have not been indicted.
The motion was made on the ground
that the prisoners were ready to 60 to
trial and could not do so, and that
there being great similarity between
the cases of Hannah Walker and Is
ham Kearse, and as the evidence would
be the same, the verdict of acquittal
| in the former should be taken as a
legal conclusion that in the second
case the proof of their guilt was not
apparent nor ''the presumption great. "
IF the verdict of a jury deserves
Fcredit-and it must have credit in this
court-the presumption of their in
nocence is here"
Solicitor Bellinger opposed the mo-
ton on legal grounds. To suppose
that the testimony in the
case of Isham Kearse will be
the same as in that of Hannah Wal.
ker, is to do so without the founda-
ton of knowledge of the facts, for he
was the only man in the court house
who knew.
Solicitor Bellinger opposed the
motiol by defendants, coun-
sci for bail, which was made
on the ground that the evidence
for the State in the case of Isham
Kearse would be the same as in that of
Hannah Walker, he read the follow.
ing affidavit, made on Dec. 4, 1895, be-
fore 9. A. Walker, trial justic, acting
coroner:
Up. II. HERS sworn, says: On Mon
day night DR.. Willie Ackernan and
Frank Brant, Frank Jenny and Wy
man Kearse came to my house about
s o'clock and wanted me to 60 with
them to Sandy Campbells to see if
Isham Kearse was there. Before we
got to Sandy Campbell's we met Sandy
and Isham Kearse in the road; they
arrested Kearse. If they had any war
rants for his arrest they did not show
them. Then they went on looking
for Hannah Walker; found her at
Ben Seymour's; tied her and carried
her on with them. F. w. Stanley
was at my house and went with us af-
ter we got Hannah. Two men taken
her and went to look for Bible which
had been stolen out of st. Nickle's
church. We. or the crowd I was with,
came to Mr.. John YARNS; directly the
other crowd came on and had
Rosa Kearse, Isham Kearse's wife; had
her tied s.lsc: seid they were going to
the swamp. When they came to the
swamp they said they were going to
kill them or make them tell where the
Bible was. They whipped all three
with a buggy trace. 1 tried to get
Isham to tell where the Bible was. l
told them and tried to get them not to
whip them so much, and also begged
them not to kill them. I don't think
they intended TO kill them. DR.. Ack-
erman, Frank Jenny, Frank Brant,
Wyman Kearse, is all that I am certain
that whipped them.
(Signed5 P. H. HERS.
This was a surprise to those present,
as the existence of this affidavit had
not been made known during the trial
of the Hannah Walker case. HERS Is
one of the prisoners now in Jail under
the same charge as DR.. Ackerman, but
he has not been indicted. He was one
of those who created a sensation on
the second day of the trial by refusing,
when put upon the stand as States
witness, to answer questions which
had any connection with his or the
other defendants whereabouts on the
day of the trae edy.
M. Gruber intimated that the State
was attempting to impress the court
with an idea that it had evidence, when
it had none.
Mr.. Bellinger protested against such
an uncalled for assertion.
Judge Aldrich said he did not care
to hear any more arguments. BY a
legally provided express procedure,
the judge is enabled to say whether or
not "the proof is evident, or the pre-
sumption great"
"There are here separate indict-
ments. One case has been tried and l
am asked to take actual notice that the
testimony in the case of Hannah
Walker is applicable in that of lsham
Kearse. In such circumstances the
rule is that the State is not supposed
to have presented its full case in the
first instance.
Therefore, without passing upon
the question whether the defendants
were entitled to bail on the ground
upon which the application was made,
I have not the legal right to entertain
the notion"
The defense will probably make an
other effort before Judge Aldrich or
another judge, putting their applica-
ton in different form.
W. E. Gonzales.
Miss Flagler's Sentence.
WASHINGTON, Feb. 25.-Miss Eliza
both M Flo r1or douohter of Cen ID