The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-08-12
Corrsspol6sues O. the rhssnix. Y
LExIRoToN @. H., August 8. 1869.

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PHakx hayi1ig yssyl largeS ohcula ation
thrs s6ehout q is seStfoI, IFaks$ Che fiber.
tyof diving aou 4 feH itamsE which ]
hope will be Interesting to your readers.
The regular term of our Court OF Com
mon Pleas and General Sessions has
been in session for the past two weeks,
6doSt Of which time has been consumed
in the trial State oases. On Thursday
last T1aaby 1ybEand kcolored) ,5vas put
upon trial for the murder of his wife, OIL
the 9th Of July last. From the evidence
adduced, it, appeared that it was one Of
the most cold -hlooded murders that was
ever con1mittsd in our Geunty-he hav-
Ing Knocked her in the head with n club,
and then drowRad her in q branch. The
prisoner was most ably defended by Mr..
Fort, of this place, and Mr.. Cook, of
Orahgeburg. The State was represented
by Solibitor ,Talley.. The jury rendered
a verdict of guilty. 1.n...,....
y Yesterday having been assigned for
the trial OF DR.. F. S. Lewie, (onr Repre-
sentative in the State Legislatdte, J for
the homicide of J. Elliott Drafts, in May
last, for the seduction OF his wife, and
it being a very exciting trial, caused
everybody to turn out. At an early
hour, the Court House was crowded
almost to suffocation. The jury was
composed of eleven whites and one CO.
lored. tFhe case was opened by Solicitor
Talley. After the examination Of the
witnesses on part of the State, the pri-
soner offering no evidence, Col. Simeon
Fair opened the argument for the de-
fence. He contended that the testimo-
ny, about which there was no dispute, all
being on the side of the prosecution,
made case of e1cusable homicide Tho
prisoner was rightfully where he was
to satisfy himself of the deceased's inten-
tion of criminal intercourse with his
(prisoner's) wife; and although the pro-
vocation was great, yet the danger was 80
urgent that the killing should be ascribed
to the necessity. and not the provocation,
when made case of self-defence. The
prisoner had been warned of deceased's s
threats against his life if he interfered
with his (deoeased's) intercourse with
prisoners wife. The; prisoner had every
reason to apprehend, from the manner
Of his appfoaeh, as we'll as from threats,
that deceased designed to take prisoners
Life if he could, The prisoner held
when the deceased fred, that no alterna-
tive was left 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 q difficulty with
his wife some months ago, is adding in
suit to injury. The man who could
coolly calculate on the chance of seduc-
tion, where the wife was under the dis
pleasure of her husband, was q cold
hearted murderer-more than the beast
of prey, who only devoured the body of
his victim; whereas, the seducer lmakes
life more dreadful than death itself. and
should be shot down as wild beast of
prey. The question, whether it was ex-
cnsable homicide, in self-dSfence. was a
question of fact for the jury; and the
prisoner had no fears of the result. %
He was followed by Mr.. Tailey. on the
part of the State, who declared that the
ground taken by the prosecution was,
that under the law any provocation, how
ever enormous, could only reduce an ad-
mitted killing to lnanslaughter; and that
if the evidence proved that there was
time between the provocation and kill.
ing for cooling" or if there was salts
factory proof of previous arrangement
and preparation for the killing, it was
murder.
Mr.. Talley was replied to by Colonel
Henry A. Meetze, in brief but able AZ
gument
After a charge from his Honor Judge
Boozcr, the jury retired. and after an
absence of fifteen minutes, returned a
verdict of mot guilty"
Thus has ended one Of the most ex-
citing trials that has ever taken place in
our County. The popularity of the
prisoner, as we'll as the deceased, and
the circumstances which led to the ho-
micide, rendered it 80. After the trial,
DR.. l.. received the congratulations of
his friends. .
This being sentence day, his Honor
passed upon the following persons, all
colored, who had been convicted during
the present term of the Court:
Prince Fulmer-Larceny. Sent to the
Penitentiary for six months.
Frank Dial and Shndrick Stork-
Grand larceny. Sent to the Penitentiary
for one year.
poby r ,,l,,o,5 NT..1a g,