The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-10-13
Charge of Judge Aldrioh.


cal! upon you to recollect that the law
f South Carolina is now what it always
has been, namel y, that the negro shall
he protected from violence offered against
lis person. IL has been a law os our
state for many years, that if negro is
assaulted, tie porty committing the as.
sault be punished and If the life of e.
negro be taken with malice aforethought,
the law has always regarded that act as
murder. ia therefore no now thing that
man should be indicted for the killing
.'fa negro.
While informing you that such Mas
always been the law of South Carolina.
admon,sh you to avoid another ex.
" RENE Do not allow yourselves to be in
aenced by any excitement because of
the peculiar condition of the society
which now exists. Let us mete out
Justice 10 these people as we have always
'one. Let US not be unduly preiudced
Tor or against them. In the present in
stance, let us view the case according
10 the facts that have been detailed, and
the law as it shall be announced.
There can be no dcnht at all, that the
prisoners at the bar killed the negro,
John Counts alias. John Dawkins. It
is very probable that this man Coun
was one of party who committed the
most brutal and atrocious murder Of an
lnofenslve man by the name of Lemuel
Lane, in Newberry, and robbed him of
- large amount of gold and silver. /
lave no doubt the prisoners knew that
th's crime had been committed. They
heard accidently, through little yellow
hay that the deceased was in the road
near the Asylum; that he had asked
the boy to show him and his companion
the way to the Charlotte Depot, and
had given him quarter Of dollar; and
that he had in his possession,a a large bag
of coin, This little boy had informed
one OF The witnesses OF these facts, he
Immediately went to Startling and Pope,
and gave them notice Of the occurrence.
These two men fora perfectly legal pur-
pose, prepared for the arrest Of the ne.
gro. te. 3e.siv
The only difficulty in the case, gentle
men, Is whether they had any right to
arrest this negro in the way they did,
That they had right to arrest him,
have no doubt. They had every reason
to believe that lie was one Of a party, ifi
not the identical man, who had slain
and robbed this old man Lane in New
berry. They pursued. and came upon
him and killed him. The question is,
whether that was an excusable homi,
eide.
] think that the law was properly stat
edto you, when you were informed that
an officer armed with warrant for the !
arrest OF a person accused of felony, has
no right to take the life OF the accused,
unless there is such resistance to his au.
'thority, that the act becomes absolutely |
necessary But every citizen has right,
where a felonysh has been committed, 10 |
arrest the felon. The only difference
between him and the officer is TINS, that
it he attempts. to arrest party, accused
accused with felony, not being armed
authority, what eves he does
is at his own peril. Ifit be proved that
the person arrested is no felon., then is
the citizen guilty ofa breach OF the
peace, and ifin the process Of the arrest
the. accused be killed, the citizen be-
comes guilty of murder. II on the 9th.
er hand, it should appear that the party
TO be arrested was himself murderer,
and was killed in the act of arrest, then
the question comes up what degree Of
guilt shall attach to the citizen.
\ The law has been read BY the learned
COUNSEL, who. had so ably and zealously
Aefen,!d ethese unfortunate men. Youwill
perceive that in one of the authorities up
'ohwhich great reliance is placed, III is sta.
ted that private persons may arrest.
In the langnage there nsed, IAN indict.
sient found ,is good cause Of arrest, by
private pefsons. if it may be made with.
out the death Of .he'fsloa," but II is said
tha. ifthe fslon be killed, their justiRca-
,tion must depend rponthe face Of the