Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-09-23
CHARGE IN THE FAIR CASE
What Judge Gage Said to Spartanburs
.. jury Last Friday.


Gentlemen Of the Jury: 's Is
"As I stated to the grand jury on
Monday, SO I state to you now that a
case like this not only tries the prison.
er at the bar but 1t even tries the very
integrity Of our institutions.
Job cried out in his despair, Oh,
that had day between Thee and me-
You, gentlemen Of the jury, are the day
that stands between the bar and the
penalty Of the law. You know what
rape is-the carnal knowledge Of a wo-
man by force against her will.
"The defendant does not deny, or, /
should say more properly, his counsel
do not deny, that on the day named at
the time Of the assault, defendant was
in that vicinity; but the contention Is
bold and strong that II there was any
wrong done to her, this defendant did
not do 1t. .-...
1.-The jury may take one Of three
views in this case: (a) That defen-
dant did It. (b) That some other ne
gro did it. (c) That 1t was not done
at all. ..,... ....
1.-The human mind is wonderful
thing. The most Of US stand just on the
border line between consciousness and
unconsciousness. and sometimes just
OIl6 Slcp CdIEltS US UcyOiu lHC NOli
from what we see and hear and know
to that which we do not see, do not
hear and do not know. We are wonder
fully made, and woman Is more Won
derfully made than man. .
1.-The object Of this trial Is not to as
certain who did this thing, or, II 1t was
done at all. The object Is to find
whether this defendant did 1t. and the
law requires that you must be satisfied
beyond a reasonable doubt that he did
it. The testimony ought to lead you to
certain conviction, and stand your feet
on the rock Of truth, and cause them to
be firmly fixed there. If the testimony
so leads you, 30 declare. II the testi-
mony leaves you uncertain-if 1t leaves
you in doubt, then 1t Is your duty to
write verdict Of Not guilty. Such a
verdict, will say, does not mean that
this woman has falsified; 1t does not
mean that she has sworn untruthfully
that, say. Is not necessarily implied.
I have tried cases like this before, more
than one Of them. 1t is not improper
to state in this connection that I tried
case in Columbia against very re-
spectacle doctor at the instance of a
very respectable lady patient Of his.
She swore point-blank that he raped
her while she was under his care as her
physician. The testimony Of the doctors
and the preponderating testimony in
the case was that she thought she had
been dealt with wrongfully, but had not
been touched. She swore in absolutely
good faith. ! tell you now what told
the jury in that case. I told them II
they believed the woman. and II they
believed what she said was true, and
believed that under all the ciroum-
stances she had the power to tell the
truth, then they should find verdict
Of guilty, II 1t on the other hand, left
them In doubt, they ought not to con-
vict. This is your case. 1t Is not my
case. 1t is not the case Of counsel. 1t
is not the case Of the oongregated and
waiting public. 1t is the case of these
twelve men, and In the sight Of God
and under your oaths 1t Is your duty to
write verdict as you see the truth.
"The more I preside as Judge, and
the more I see of courts and witnesses,
the more / feel like crying out and
pleading guilty myself. How often I
feel like uncovering my head and say
ing, am guilty instead Of passing on
the guilt of my fellowmen. How solemn
Is this thing Of passing judgment on
ones fellowmen! 1t Is a delicate pow
era great power-and one that ought
to be exercised In a spirit Of devotion
with uncovered heads,
"You, may say, Guilty You may
say, Guilty with recommendation to
mercy You may say, Not guilty >
Take the record, gentlemen, and write
your verdict"