The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1859-05-10
Chr 9Destern gRmotrat.
HALIFAX SUPERIOR COURT.
CHARLOTTE, n. c.

last similar to the celebrated SlckIeS AFFAIR, Dut
with quite different result We sorry to say.
A correspondent of the Petersburg Express gives
the following account of the trial, which pub
lsh for the purpose of letting the reader see the
decision of the Judge Dick) certain law points,
and how North Carolina jury decides such cases:
al promised in my last to give you an account
ofthe progress and issue of the Of Elias Neville
who has been on trial for several days. in the Supe
rior Court Of this county, for the murder of man
named Phillips The Court having ruled out the
evidence offered by the prisoner to show the at
tempt, the day before the homicide, on the part OF
the deceased, to commit rape on his Che prison
ers) wife, and the communication OF the facts to
to him by his little son, Immediately preceding
the homicide, the prisoners counsel introduced
number Of witnesses to show the conflicting and
contradictory statements made at various times by
the witnesses for the prosecution. a number Of
such contradictions were proved, and it also
shown that there material variance between
the account given by two of these witnesses at the
coroners inquest and that given by them the
trial. Evidence Of good character offered to
sustain the witnesses for the prosecution, and also
the attacking witnesses.
The argument opened by the Attorney
General enkins-for the State He was follow
ed by Edward Cornigland, Esq, of Halifax, in
behalf of the prisoner. The Court then took
recess for dinner. and on its reassemblins the ar
gument for the prisoner was continued by Henry
W Miller Esq, of Raleigh. Mr. Moore did not
speak The argument was then closed by the At
torney General for the State, when his Honor
Judge Dick proceeded to charge the jury. Though
in the main the charge was considered fair one,
still it very perceptibe to which side the Judge
was leaning. He was evidently against the prisoner
He refused some of the instructions asked by the
prisoners counsel and told the jury that if they
no +,to
and they should SO find The jury retired about
dark, and short time before day, this morning,
returned verdict of guilty against the prisoner
Jud gment of death pronounced against him
and an appeal to the Supreme Court was at once
taken. The grounds for a trial are, the eX-
cluSion Of the evidence showing the provocation-
the attempted rape the prisoners wife, and the
refusal the part of the Judge to give certain in
structions to the jury, which were asked for by
the prisoners counsel.
This is hard case, and the rule OF law prevail
ing in this State, which has produced the result,
IS a hard, unjust, barbarous rule of law. Our
Supreme Court has decided, in two three cases,
that if information is given to a husband that his
marriage bed has Just been violated, and his fani-
~ disgraced, and under the sudden dethronement
Of reason, caused by the communication Of these
facts, he turns instantly and kills the destroyer of
his peace, he is guilty Of murder and the facts
which were the cause of the killing cannot be
given in evidence either in justification mitiga-
ton of the homicide. 1t IS only when the seducer
adulterer Is caught in the very act-Fdgranti
dcIicto-(as the law calls it, that the evidence is
admissible, aud even then the husband is not jWsti-
fed in killing, but is guilty of manslaughter
Nor is there any difference in relaxation OF the
rule, when attempt to commit the actual
commission of rape, (Which is capital felony in
this State, has been communicated to the husband.
In either case unless the husband strikes the dead
"
actually efecting his fendsh purpose, he Is yuihy
Of murder! l do not hesitate to pronounce this
6arbarous l"ac-degrading to a civilized
munty-at with the spirit OF the age, and
stamped with the blacklist cruelty and Injustice
Look at it, If man strikes one with stick or
switch-spits in his face-slaps hm-pushcs him
with his fist, and the assaulted party draws knife
or pistol and kills, At is only mans!Gughtcr but if
mans wife or daughter sister, or mother, tells
him, under the deepest excitement and with every
exhibition of the most intense feeling Of wrong
and disgrace, that has just seized her,
thrown her down, and violated her person in the
most foul and savage manner. and that husband
or father, or brother son, instantly pursues the
brute and kills him, 1t as 0eur9cy! Such law
leading to such conclusions and consequences
should not lie permitted to disgrace the statute
book Of any refined, civilized people 1t is against
nature-crUel unjust, and fit only for an age in
which no regard is shown for, and no protection
is thrown around the sacredness Of the character
and person of the female.
That the conviction of Neville was the result of
the cruel hardship of the law, as our Supreme
Court has laid it down, all admit. That he ought
to be pardoned, if new trial is not granted him.
all concede. He is poor with a large fami-
ly He killed one because he had made base
proposal to his wife, and when she rejected it. seiz
cd her with great violence, (she far gone in preg
nancy,) threw her down and endeavored by force
to accomplish his object! For killing such n
brutal and british ru6ian, Neville is guilty of
murder. Sickles killed Key for adulterous inter
course with his wife-that wife being willing and
consulting to the act, yet he is guilty of crime
and the verdict of his acquittal is received with
shouts of applause, and burst of enthusiastic
approval. But what of all that? The one is
poor, humble man, the other member of Congress
belonging to the elite-the upper ten of New
York! There is another rea on-one was tried
under the barbarous law of North Caralna-the
other under the more enlightened and Just rule
that is gaining the ascendancy in every part of the
world, except where judicial blindness servile
adherence to mere authority, unrestraned by rsa-
prevails. The prisoners counsel did ali they
could TO save him-but what could they accomplish
with sHch ruling on the part of the Judge?
MUTUAL DISTRESS Recently at a marriage in
Leeds, eng, after the ceremony, the bride burst
into tears; whereupon the bridegroom, a stout six
foot fellow, following the example blubbered like