The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1900-04-11

Judge Benet's FOrclbIe and Timel.
~ Address TO the Grand Jury O
:. Richland County, which Should b
70 Read and POndered by all u ErOrs
O Petit as we'll as Grand, and Indee,
:, by all the People OF the State, who
,. After all, are Primarily RespOn
. sible for the shameful Miscarriag,
Of JuslIce in Nearly all Murder
D Cases in this State where n Whit,
Man IL the Defendant.
Columbia, April Special: The Court o
General Sessions opened IT'S session today
Judge Benet presiding. In his charge TO the
grand jury Judge Benet called attention u
the prevalence OF homicides and the habit o
carrying concealed weapons. a couple o
years ago in this correspondence It was point
ed out how many killings bad occurred IN
South Carolina. Last year the record wal
fully az bad and Judge Benet emphasized the
duty Of educating public sentiment against
such a record: He pointed cat that 10 thii
county since the last term of Court there have
been nine hom icides. X sS:.-.
Judge Benet,s charge was quite long and
ssy | about the % pistol habit and The record o.
from a stsnographio report. kindly furnished
by Mr.. W. H. Macfeat 4, ~. tA9ti ~
lation looking 10 the reduction OF the number
OF homicides that annually occur within the
borders ofSouth Carolina. Mr. Foreman and
gentlemen Of tha jury the snnIa, ,h. report 81
!. Assembly for theAscal year 1899 shows to the
world that during the previous twelve
month. 248 four fellow citizens were put 10
Sns car
sSoeptionai Year. This ls jnst about: the
ssinE II I eitssHs 9sSs
twho were alive one year ago now ;eleep In
appalling to look. forward and know by this
sunsl % nuSsr ea of iao Soody graves Th may
startle the ordinary citizen, but thisis fact
which cannot be- denied. I ought also TO add
record. reSs d. The Statistics show. that in the
and homicides :sfsf cSmmitted every year
T5Ge a1S s6s,Bs s6s s sss %sssrp
4 true that our tto16f ilon 10 South Carolina Is
not greater TIN, g 9u. sister States Of Of
/ onnparisonI With the humber or hoinicides In
tother civilized Christian Countries, for in
stance Germany, Britain and France the
number OF homicides In South Carolina
should not exceed twenty-five or thirty an.
nually. Compared with some countries
shonld not exceed fifteen. and yet Richland
County at this term OF Court displays the
since the last term OF the Court-since last
Il November. Should not these facts, gentle
men, give rs pause and induce as to see II
something cannot be done to stop OF, check to
some extent this fearful calendar Of murder
and manslaughter? 1 am aware, Mr.. Fore
man. and gentlemen, while homicides are far
too numerous they include very few cases OF
robbery's sake, tor instance, or for revenge.
and very few of these cold blooded cases OF
poisoning and such murders which constr -"
almost the entire number Of homtcides
CsntA Thn h0ra tatI Ino
Southern States and South Carolina are In q
large measure utterly unnecessary, and
spring from false notions OF manhood and
bravery, and from IN mistaken ai,f y Views OF seIide
which both men are armed-frequently In
which one is armed and snpposes the other to
be armed. say that they are needlessly
than other people, nor more sudden or Quick
In a quarrel than our forefathers. The
records OF the Courts OF fifty years ago show
that the crime OF homicide was much rarer in
this State that 1t now is Your forefathers
were men Of like passions with yourselves.
The Englishman, the German or the French.
man is neither milder hammered nor less
pugnacious than the American.
| What is the cause, gentlemen. OF this
extraordinary lumber of homicldes? am
sure each one Of you can assign certainly as
one cause the deplorable custom of carrying
pistols, q custom carried to such an extent
q that our State may be regarded an ARMED
camp In times OF peace. Our young men and
boys, black and white, rich and poor, seem to
think that their outfit is not complete with
bad example, and regret to say some public
officials have on occasions been found armed
in violation of the law. Pistols are carried,
road or In some remote part Of the country
I during the day, or over some dangerous
neighborhood. but at public meetings. on the
streets at social gatherings, even at dances.
even at daily labor and following the plough,
and, add, also even at church and prayer
meeting and as for those gatherings known as
the negroes hot suppers, is there ever hot
will initiate the white man and initiate him
more successfully In low vices and bis crimes
| than In bis virtues.
Mr.. Foreman and gentlemen, It would be
an interesting experiment II the Conrt we're,
at this moment, to order the sheriff and his
bailiffs to search the pockets Of. nll In this
Court House now and see how many pistols
will be found carried on the person con ncealed,
even in the temple ofjustice.
Gentleman, as surely as this lamentable
habit continues, 80 surely will TWO or three
hundred OF your fellow citizens annually MI
untimely graves, the victims OF the pistol
privilege OF carrying arms, 1t is not only
unlawful to carry arms concealed upon the
person, but 1t is unchrstlan. unciviltzed. and
youth st, % Of the county who carry pistols. that
it Ia unmanly and cowardly and altogether
unnecessary In a civilized community. 1t
causes our young men, no doubt. to hold
also to have false ideas OF bravery and true
manliness, and II hes infused In the public
mind wrong and vicious views OF the right OF
sef-defence.
Gentleman of the grand jury, how many
corpses OF men slain by the pistol.carrying.
homicide have been searched In vain for the
pistol, and yet the slayers have put up their
plea OF self.defence, and juries have acquitted
>, them on that plea, because, forsooth, the
defendant, the man.slayer, testified that
when be shot, his victim had put his hand to
and he was Induced TO believe by that act
that be had pistol and was about to draw
it? He presumed, In other words, that he
was In danger. and acted, as ne claimed, IN
self. defence. Ifthat presumption is to be re.
garded by petit juries must we not create
another presumption, in fact to meet 1t, that
| the man who carries pistol habitually must
be presumed to have murder In MS heart,
community When bloodguilty man is
set free by the verdict OF jury then the
Public, through the press, condemns the
/ Jury speak OF miscarriage of justice; that
The Jury system is a failure, and the like. not
1 rejecting that the jury is only carrying Into
effect the public's Own mistaken view and
Ct Wstsr nrv part hV5 Of tSe
4 people, and 1t is not wiser or better than the
| people from whom 1t is drawn by lot. II Is
futile to lay the blame at the door OF the
Jury or the system Of trial by jury. Let II
be also at the door Of all who are guilty OF
carrying pistols concealed upon their persons.
4 lI would not belittle the right OF selfdefence.
/ Il is e great right: 1t Is God.given right
1 lfecognised by the law of our land, but 1t Is
wofully misunderstood and most rashly and
4 lrecklessly exercised. until the blood OF hun
tareds OF men cries aloud from hundreds OF
graves for the vengeance which the Courts
| have denied them.
Two hundred and forty-three men slaugh.
tered In South Carolina last year and how
| many convicted 2 Ninety-seven In other
words, one hundred and forty.four men,
with their fellows blood on their hands, go
free, pronounced not guilty. There may pc
| o.. @t,o tod 30 100 hof