The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-08-13
= TRE LEXINGTON HOMICIDE.
The TRIAL OF En-. H. o. alevvie for Khllim,
J.EllioHt Drafts.

The Lexington correspondent of the Coluio-
bia Phoenix gives the following account of the
trial and acquittai OF DR.. #. &. Lewie;
K Monday having, been assigned for tho trial
State Legislature. for FORT the hemo;ds Of j.. Ei- %
lott Drafts in May last, (for the seduction of
his Wife, and it being very exciting trial,
caused everybody to turn out. A. an early
suffocation. The jury was composed OF eleven
whites and one colored. The case was opened
bysolicitor Tailey. After the examination OF
the witnesses on the part OF the State, the
prisoner offering no evidence, Colonel simeon
Falr opened the argument for the de-
fence. he contended that the testimo-
ny, aboat which there was no dispute, ell
being on the side Of the prosecution, madeia
case Of excusable homicide. The prisoner was
rightfully where he was to satisfy himself Of
the deceased's intention OF criminal intercourse
with his lprisoner's) gife;. and, although h the
s he tne sa ss ssoaS hG bs bspss
tine necessity, and nottthe pr0vOcation. when
naAdS caseo,of seif-detence. The prisoner
had been warned ofdeoeased's threats az aiilst
tercourse with prisoners VIE. TIE priadnsr
kad every reason to spprehend. from tho man
ner of his approach. as wsil as from threats,
that deceased deslgned to take prisoners life
the = dsssassa airsa that shss no % Alternative ave
was left but to protect his own life BY
taking thas OF hts adversary. The effort ON
the part OF the prosecution TO excuse the con-
duct OF the deceased, by showing that the pris-
oner had q difficulty with his wife some months
ago, is adding insult TO injury. The man who
could coolly calculate on tina chance OF seduo-
tion, where the wife was under the displeasure
OF her husband, was cold hearted ssNsaFtessR--
more than the beast Of prey, who only de-
yonred the body OF his victim; whereas the SO.
ducer makes life more dreadful than death it,
self, and should be shot down as a wild beast
OF prey. The question, whether it was excus.
able homicide In Helf.defenco. was question
q fact for the jury. and The prisoner had no
He was followed by Mr.. Talley, ON the part
OF the State, who declared that the ground
taken by the prosecution was, that uRdeE the
law any provocatiOn. however enormous could
sonly reduce nm admitted kliling to manslaugh-
ter; and that III the ogidenCe proved that there
waa time between tho proxo3a,io1a and kiiling
for 'So0iing," or IL there was satisfactory proOe
nof previous ARRANGEMENT and preparations for
the killing, it Was murder.
i Mr., IaIley was repliad 10 by Colonel Henry
A. MeetEe. IN q briok bnt able arguments . ttFg
After q large from his Honor Judge Boczer.
the Jury retired, and after an absence of fafteen
minutes returned . verdict Of ''Isot guilty"
!. !; Thus has ended one or the most exciting
triais thAA has ever taken place i'd Our county.
The pophlarity OF the prIsoner, as we'll ss tsie
iiecSssed, and the circumstances which led TIA
the homicide. rendered IL 80. After tho trial,
Dr. H. recelved the congratulations OF his
friends. l = iAt h