Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-11-11
and court adjourned until Monday
morning.
THE SIDE OF THE DEFENSE.

morning.
THE SIDE OF THE DEFENSE.
When the courthouse doors opened
on Monday, there was an immediate
rush for seats. Within few minutes
the building was nearly filled, and
upon the arrival of the o. R. & G.
train shortly afterward, the usual
crowd was collected.
When his honor indicated that coun-
sci might proceed with the defense,
Colonel Youmans announced that ne
had a motion to offer and proceeded
to state it.
1t was in the nature of request to
the court to instruct the jury to retire
and bring in verdict of acquittal in
the case of Mrs. Anderson. Colonel
Youmans maintained that Mrs. Ander-
son had not been in any manner con-
nected with the killing. He said that
if the evidence were examined through
the great telescope that Hershel put
up to examine Uranus, not one speck
of proof could be found that would
tend to connect this girl with the kill
ing. The counsel was sure that when
the case should 60 to the jury, the
verdict would be not guilty as to Mrs.
Anderson. He wanted to use the wit
ness in defense of the two men. II
she went on the stand now, she would
be testifying for herself also, and,
therefore, she would be subject to bias.
The defense desired to get rid of this,
and it was for this reason that the re.
quest was made.
Mr.. deLoach, for the state, said, in
effect, that the state had the right to,
at any time, mol pros the case against
Mrs. Anderson, and at the proper time
would do in her case as it saw mt.
He would make no promises; but In
timated that the state might mol pros the
case. Notwithstanding the fact that
the state closed, the state still had
the right to cross-examine the wit
nesses for the defense, and the tes-
timony thus adduced would be OF
the same force as anything that had
already been brought out. The state,
therefore, was not ready, at this time,
to mol pros the case against Mrs. An
derson. Mr.. deLoach also maintained
that the court had no right to instruct
verdict at this stage of the proceed
ings, and Mr.. Henry declared that such
an instruction would be an outrage
upon the state and upon justice.
Judge Watts. ruled that he had a
perfect right to instruct a verdict OF
not guilty as to Mrs. Anderson if he
saw fit; that is, if, in his opinion, the
state had not succeeded in connecting
her with the case. He did not say
that a case had been made out; but
suggested that there had been evil
dence against her. He intimated that
at the proper time he might instruct
verdict of not guilty in her case ;
but was not willing to do so yet. Had
she been the only defendant, or had
she been tried alone and there had
been no proof other than had already
come out, he would have unhesita-
tingly instructed verdict of not
guilty.
The first witness put up by the
defense was Mr.. M. NJ. Freeman. He
said he lived at Blacksburg; ran an
iron foundry, was treasurer of the
Acid Company, and did a banking
business.
"Do you know Mr.. T. H. Hughes ?"
"Yes, sir"
"How long have you known him ?"
"Ten or fifteen years."
"Do YOU remember meeting Mr..
Hughes in the office of the Acid Com.
pany, just after this homicide, and
having a conversation with him?"
~ do, SIR"
"Was this before or after he had
given his testimony at the coroner's
inquest?"
at was before, SIR"
"Do you recollect Mr.. Hughes say
ing to you that he met a man on the
street on the night before, and that
when he passed thought it was John
Boyd?" :.
stThe exact statement was that 1t
came to him after he passed, that 1t
was Mr.. Reese"
"Did he say whether or not he
spoke to the man?"
~ asked him the question. He
said that neither spoke"
"Did you ever tell him that you
would not swear anything about it if
you were him?"
81 said that if I were not certain as
to the identity of the man, would
say nothing about t?"
On cross-eXamination, witness said
that he did not hear well. He denied
that NJ. R. Reese had assigned any &C
counts to him but said he had bought
some accounts from Reese after the
killing.
Julian Ross testified to acting as
clerk for the coroner at the inquest
and taking down all the testimony ex-
cept in the case of one witness. In
each instance, testimony had been
read over to witness before it was
signed. He testified specifically to this
being a fact in the case of Miss Far
rington and DR.. Darwin.
On cross-eXamination, witness said
that he drank whisky, but was not
drinking during the time he was TAX
ing the testimony. He was asked as to
his means of support. Said he had no
occupation and denied that he owed
more than $35 or $40 around Blacks
burg.
Colonel w. D. Camp testified as to
the taking of the testimony. In the
ho