The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1869-08-21
The Lexington Homicide.

4no hVAhoStph Sotresponueh1 Vi tne
Columbia Phenir gives the following ac-
count Of the trial and acquittal of DR..
+. s. LeBis: fE
Monday having been assigned for the
trial of DR.. f. s. Lcwie, (our represen-
ta.ive in. the State Lcgislature,) for the
hnminidh nfJl Elliott Drafts in May last,
(for the seduction of his wife, and it
being very exciting trial, caused every
body to turn out. AT an early hour the
courthouse was crowded almost to suffo-
cation. The Jury was composed of eleven
whites and one colored. The case. was
opened by Solicitor Talley. After the
examination of the witnesses on the part
of the State,z the prisoner offering no
evidence. Colonel Simeon Fair opened
the argument for the defence He con-
tended that the testimony, about which
there was no dispute, all being no the
side Of the prosecution, made case of
exousahle homicide. The prisoner was
rightfully where he'was to satisfy him
self Of the deeeased's intention of crimi-
nal intercourse with (prisoner's) wife;
and although the proyocation was great
yet the danger was SO urgent that the
killing should be ascribed to the necessi-
ty, and not the provocatson, when made
a case of self-defence The prisoner had
been warned of deceused's threats
against his life if he interfered with his
(deceased'sl Intercourse with prisoners
wife. Tue prisoner had every reason to
apprehend, from the manner of his ap-
proach, as well as from threats, that de-
ceased designed to take prisoners life
if he could. The prisoner held, when
tho deceased fred that no alternative was
lett but to protect his own life by taking
that of his adversary. The effort on the
part of the prosecution to excuse the
conduct of the deceased, by showing that
the prisoner had a difficulty with his wife
some months ago, is adding insult to in
jury. The man who could coolly calcu-
late on the chance of seduction, where
the wife was under the displeasure of her
husband, saa a cold-hearted murderer
moro than the beast Of prey, who only
deycuEedr the body of his victim; where
assthe seducer makes life more dreadful
than death ITSELF, and should be shot
down as wild beast of prey. The
question, whether it was excusable homi-
eide in self-defence, was question Of
fact for the jury, and the prisoner had
no fears of the result.
Heyyas followed by Mr.. Talley, on the
part fsthes State, who declared that the
ground taken by the prosecution was,
thaS under the law any provocation,
however enormous, could only reduce an
admitted killing to manslaughter; and
sAas If the evidence proved that there
vas time between the psovocation and
killing toF Hcooling,' or if there was sat
isfaotOry prooftof previous arrangement
and preparation for the killing, it was
murder.
Mr. Talley was replied to by Colonel
Henry A. Meetze, in brief but able
Argument.
Altar D charge from his Honor Judge
Bossos, tie jury retired, and after an alb
aence Of fifteen minutes returnd YER
diOt'Of mot guilgp
Thus has ended one Of the most ex-
citing tsials that haa ever taken place in
nag county. The popularity of tho pri-
sSner, as well as the deceased, and the
circumstances which led to the homicide,
rendered 1t so. After the trial, DR.. L.
fseslved the Congratulations of his
friends
ssssa4~As.asgss e,-zsszz.-"'-------
TaRRIBLE SHpoMNG AFFAIR IN
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