The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-05-09

COURT OF GENERAL SESSIONS AND COMMON
P1EAs-HoN. ZEpHAN1AH PLAT, PREsDNa.-
MAY s.-The case of Arthur spearing alias
Chiaolm, and Francis P. Lopez, charged with
the murder of Benjamin LeGrand Capers on
the night Of April 9th, at Fordham's Hall, was
taken up. T. Y. simons, ESQ.,, and d. G..
Young, Esq, appeared for Lopez, and W. e.
Mikell; Esq, for Chisolm.
The Attorney General addressed the jury on
the nature OF the crime Of murder, and showed
The difference between that and manslaughter.
E. II. Whiting, Esq, DR.. Middleton Michel,
and several colored Witnesses, were examined,
but the court adjourned without concluding
the testimony for the prosecution; thirty wit
-nesses being in attendance.
The evidence elected showed that Chisolm,
Lopez and the deceased we're at dance given
at Fordham's Hall, and that Capers (the de-
ceased) had requested the hand of Amelia At
Ens for the next dance, but being refused, he
had called her black bitch and repeated the
offensive epitset twice. Amelia had. gone to
the ball with Chisolm, and he was told Of the
conduct Of Capers. Chisolm walked towards
Capers and struck him blow; he was also
also struck by Lopez, who aided and abetted
Chisolm in the assault. Cspers then turned
and retreated, but seized China pitcher and
struck at Chisolm. The blow was received by
VIM. Nelson, who was trying to separate the
parties, and the pitcher fell to the ground
and was broken. Capers then started to leave
the room, but stumbled over bench and fell,
and while prostrate was stabbed BY Chisolm
with a dirk. Chisolm remarked that he had
Killed tbe damned and left the hall
with Lopez, both Of them accompanying
Amelia Atkins to her home in George-street.
Some OF the parties who were present went Tor
a doctor, and one Root went to the detective Of
fee and informed Officer Chapman who arrest
ed Chisolm. It was subsequently ascertalned
that Lopez had been accessory to the act, and ne
was also arrested. Amelia Atkins and Chlsolm
had been living together as man and wife, and
the latter was very jealous Of the attentions paid
by Capers. The arrest was made at Amehas
house, and the next morning the dirk was
found on her bed. The blade filed the wound
exactly, and the dirk Was identified on the
stand.
The post mortem examination held By DR..
Michel showed that the blade had entered be-
tween the ribs, and had penetrated the heart,
almost severing the base, and causing instant
death. The evidence was nearly the same as
that produced before the coroner, and went to
show that there had been some il-feelins be-
tween Chisolm and Capers on account OF
Amelia. Lopez had acted as the friend of
Chisolm, and had struck Capers when the
quarrel commenced. The trial will be contin-
ued to-day.
The courtroom was densely crowded with
colored persons, every inch of space behind
the railing being taken, while large number
succeeded in obtaining standing room inside
the bar. The pressure around the door was so
great that the railing gave way, and the con-
stables we're unable to make the crowd retire.
There is considerable excitement among the
colored class in regard to the murder, and
threats have been publicly uttered that If the
accused is acquitted he wont live long.
Chisolm is a fine looking light-colored mu-
latto, Lopez being younger and darker. They
were both apparently at their ease, and heard
the testimony against them with nonchalance.
The witnesses have evidently conned their
parts; for there was a singular unanimity in
their statements and language.