The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1869-08-25
THE LEXINGTON HOMI-
eide. ......
The TRIAL or DR. +. 8. LHwIR
FOR KILLING J. ELL1oTr DRAFTS.

The Lexington correspondent
Of tho Columbia Pheni& gives the
following account of the trial and
acquittal Of DR.. T. S. Lowie
Monday having been assigned
for the trial Of Dr.. +. S. Lewie, (our
representative in tho State Leg
islature,) for tho homicide Of J. El.
lott Drafts III May last, (for the
seduction Of his wife, } and it being
a very exciting trial, caused every
body TO turn out. At an oarly
| hour tho courthouse was crowded
almost to suffocation. The jury
was composed Of eleven whites
and one colorctl. Tho case was
opened by Solicitor Tally. After
the examination Of tho witnesses
on the part Of the Stato, the pris-
oner Offering no evidence, Colonel
! Simeon Fair opened tho argument
fol tho defence. He cohtended
that tho testimony, about which
thero was no dispute, all boing on
the side Of tho prosecution, made
Il case Of cXcusable homicide. The
prisoner was rightfnlly where ho
was to satisfy himself Of the de-
ccascd's intention Of criminal in
tcrcourso with his (prisoner's)
wife ; and although tho provoca-
ton was great, yet tho danger
WAS so argent thut tho killing
should be ascribed TO the necessity,
and not tho provocation, when
made case Of self.doience. Tho
prisoner had been warped Of
deceaScd's threats against his life
if he intcrtered with his (deceas.
ed's) intercourse with prisoners
wife. The prisoner hud every
reason TO apprehcnd, from the
manner Of his approach, as we'll as
from threats, that deceased design
ed TO take prisoners life if he
could. The prisoner held, when
the deceased fired that no alter
nutive was left butt 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 show
ing that the prisoner had a diff
Guilty with his wife some months
ago, is adding insult to injury
Tho man who could coolly calcu-
late on the chance Of seduction,
where the wife was under the dis
pleasure of her husband, was a
cold hearted murderer-more than
tho beast Of prey, who only de-
vonrcd tho boay Of his victim /;
whereas the seduccr makes life
more dreadful than death itself,
and should be shot down rs q wild
beast Of prey. The question,
whether it was cxcusable homi-
eide in sclf-deiencc, was Il question
Of fact for the jury, and tho priso-
ncr had no fears OF the result.
llo was followed 'y Mr.. TaIley,
on the part of the State, who dc,
clarcd that the ground taken by
tho prosecution was, that under
the law, any provoca,ion, howev-
er enormous, could only reduce IN
admitted killing to mansIaughtor
and that il tho evidence proved
that there was time between tho
provocation and killing for "cool.
ing" or if there was satisfactory
proof Of previous arrangement
and preparation for tho killing, it
| was murder.
Mr.. Tally was replied to by
Colonel Henry a. Meotze, in o
brief bnt able argument.
After q charge from his Honor
Judge Boozer, tho jury retired,
and after an absence Of fifteen
minutes returned verdict Of "not
guilty"
Thus has ended one Of tho most
exciting trials that has ovor taken
place in our county. The popu-
larity Of the prisoner, as we'll as
tho dcccnRed, and the circurnstan.
ces which led to the homicide,
rendered it so. After tho trial,
DR.. l.. received tho congratuIa-
tons Of his friends.
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l. 4 4 L