The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1898-03-15

When d more years shall have passed Inc
will have reached his three score and ten.
Is it possible that at this late day he has
fallen SO low? This is an indictment for
a crime that would be Il disgrace for him.
self and his immediate family and gen,
erat'ons yet unborn. Gentlemen, are you
going to convict him upon this testimony?
He went upon that stand and told YOU
that he stole none of these goods. He
has shown you that his past reputation
was good. Is not past character wortt,
| something to Il man i'll All emergency like
this' He tells you where lie bought
these goods. He keeps nothing back.
Didn't lie tell you straight taller think
he did. Are You going to convict him?
Remember that it is the duty Of the State
| to make out it's case beyond reasonable
doubt. Here you have three one horse
farmers incarcerated i'll Jail with very lit
tie time to get ready for this defence
rushed to trial and with the newspapers
bowling them down.
Has the State proved to you that
| ID. Hipp's store was broken open?
There were no footprints or wagon marks
around the store. Mr. Fipp says they
could not have gotten in in any other
way except through that window and
| therefore lie concludes that they entered
the window without any evidence on that
l
! ing. l don't think you take them to be
| lunatics or fools, though you may take
| them to be rogues, but before YOU do let
| me ask you, do you think if these goods
| were stolen goods and these parties stole
| them that they would have left ID. Hipp's
private cost mark on them?
So far as the charge of changing the
receipt there is nothing III that.
In the prosecution Of this case the State
nny ,fI
few equals i'll this country as a criminal
lawyer. OF all the faculties given him
by his God never saw his sarcasm SO
we'll used as it was in the examination Of
these witnesses and I never saw his
tongue SO oily and. gentlemen, he closes
he argument i'll this case and will again
bring his faculty for sarcasm into piay.
But beg you when you 20 in that Jury
room to remember that by your verdict
you will make these defendants the llaD-
piest or the most miserable people in this
county ton ight.
Tie closing argument for the State and
the last speech i'll the case was made by
COL. GEORGE JoHNsroNE
and i'll force and sarcasm it ecualled or
eXcelled anything that Mr.. Culbreath
could have anticipated. 1t was speech
only such as Col. Johnstonc could make
and one that we very reluctantly UNDER
take to pretend tc give a synopsis of for
it is All almost impossible task. The fact
Is unless it were reported verbatim it
would be impossible to give correct
idea Of it. He said: The closing argu
mcnt III this case is now to be made. The
two gentlemen who have preceded tie OH
the part OF the State have assumed the
task of pointing out to you the evidence
that proves and demonstrates the guilt of
the defendants at the bar. My task in
this case is to .eply 70 the arguments of
the two gentlemen who have Just spoken
for the defence and l shall attempt to
contlnc my remarks to that and to show
you Ill Il rational way that these defend
ants are guilty. Myself and my partner
stand here rs the representatives of an
outraged & .Ilmunity. The Solicitor is
here on thr pant of all outraged State. We
are here TO SLOW you that the evidence
points to the guilt of the parties here
charged and that it proves their guilt be-
yond reasonable doubt. A Juror who
desires to acquit, with dishonest heart
and sophlstic brain cannot find a case not
equal to his sophistry. What we are here
TO do is to convince a man with a rcason-
able head.
Where are we at? Let's take a survey.
Let us see first the undisputed facts and
then travel to the disputed ones Was
there ever town Of Pomaria? Counsel
seem to doubt and dispute it2 Was
there ever man named David Hipp?
Counsel seem to doubt that Did any
goods ever leave that store? Now into
their sophlstical reasoning l will not ell
deavor to follow them | will answer
that there is town Of Ponaria and that
there is a David Hipp and that he did
lose some goods. One of the counsel
went to this extent which iustifies the
criticism have made. He actually sug-
gested that if David Hipp, who is paying
tins detective were put upon that jury he
would 2cqWt these men. What srgges-
tion am reminded Of a lecture once
heard Oh Woman, which for the conven-
ience of the lecturer was divided into
three questions: "Who am womauP
Whar did she come from? And whar am
She gwine ~ 1t was about as comic as
the tears of counsel for ho reminds me
III the ho" OF his brny tide of the dc
scription which Mark Twain gives of his
travels i'll the Holy Land when he comes
upon the tomb Of Adam and bows down
and weeps over the grave Of his ancestor.
counsel denounces the salaried dctec-
tive. If lie would have you not believe
tile detective because lie is receiving a
salary might we not ask him how vou
could believe him and his associates, for
are they not salaried attorneys? Are thev
not PAID Tor their work in this case They
weep over James A. Riser and ask you
not to send him to the penitentiary and
separate him from the wife of his bosom
and tell you that he is over IS years old
have heard of people being exempt from
jury duty and from road duty on account
OF age, but at what age in South Carolina
DO people arrive when they have immuni
ty to become thieves. Almighty Cod
commands you to separate your commu-
nifty from crime and the State commands
you to punish the criminal, and make
an example OF outraged justice. Shall
you say that white man can thievc above
IS years Of age, that he may remain with
his wife. At what age would counsel
have been willing to render him up to an
outraged community? Had he come here
under FL years of age the plea would have
been it IS my darling babe and You must
not take him from his mother. If lie had
come here i'll his young manhood they
would have told us you must not blast his
young life. If lie had come here in thc