SC1896_FF1_143

33
of respectable talent, modest & diffident, &
possessed of limited experience.
The evidence on the part of the State being
concluded, a few witnesses only having been
examined, several witnesses, perhaps 10 or 12
were sworn for the Defendant,: The object
in their examination seemed to be, to excite the
prejudices of the Jury against the Character &
memory of the deceased.

If the killing had taken place upon a sudden
broil or quarrel, both commencing to fight about
the same time, it might have been proper
& legal to prove, that Thos. T. was, or had the character
of being a dangerous man; but there was
no ground laid for such evidence - Yet we did
not object to it. But they could make something
out of that. Thos. T. was not considered dangerous
unless he was assailed. They then
wanted to prove particular facts, which the
Judge at first overruled - but being pretty [?]
at taking a hint, and seeing that the Counsel
were anxious to get in that sort of stuff, he
remarked, that altho' he had decided by that
such evidence was incompetent as direct proof
they could perhaps accomplish their object,
by asking the Witnesses as to Character, then
reasons for their opinion, & in answer to that
they might state particular facts.

This was giving to the Prisoner & his Counsel
full latitude - all they wanted, & well did
they use it. They want back to her Collegiate
life, in Transylvania University. One old
prisoner witness, gave him a very bad character
He had had (as he had heard) a difficulty
while at the University with a Class Mate
a Challenge passed & was accepted, & Thos. T.