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


The Lexington correspondent of the
Columbia Phenir gives the following ac-
count of the trial and acquittal of DIR.
F. s. LsEis: AK E
Monday having been assigned for the
trial Of DIR. f. s. Lcwie, (our represen-
tative il. the. State Lsgislature,) for the
homicide of .. 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 the prisoner Offering no
evidence. Colonel Simeon Fair opened
che 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 deceased's intention of crimi-
nal intercourse with (prisoner's) wife
aud although the Yproyocation was great
yet the danger was SO urgent that the
killing should be ascribed to the necessi-
~, and not the provocatton, when made
q case of self-defence The prisoner had
been warned of deceased'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
the, deceased fred that no alternative was
left but to protect his own life by taking
chat Of bis 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, was cold-hearted murderer
more than the beast of prey, who only
desopred the body of his victim; where
ssathe 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.
He,was followed by Mr.. Tailey, on the
paf8 Of the State, who declared that the
ground taken by the prosecution was,
that under the law any provocation,
however enormous, could only reduce an
admitted killing to manslaughter and
that If the evidence proved that there
Was time between the provocation and
filliIeJor AcooliDg," or if there was sat
isfaotoT5 proofSof previous arrangement
and preparation for the killing, it was
murder.
Mr, Tal.ey was replied to by Colonel
Henry A. Meetze, in a brief but able
ezgument. E. -. =,
After o charge from his Honor Judge
Bocsars the jury retired, and after an alb
sencs Of fifteen minutes returnd YER
dict es ''not. guiltyp
Thus has ended one Of the most ex-
citing trials that has ever taken place 10
oaf county. The popularity of the pri-
s6ner. as well as the deceased, nnd the
eircnmstanees wlS q. I'D to the homicide,
rendered 1t SO. After the trial, DR.. L.
fsesiyed the congratulations of his
friends
Twaaxuru Suoonxrn Apu.,u rn