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.
r. s. Lexis:
Monday having been assigned for the
trial of DR.. f. s. Lcwie, (our rcpresen-
tative in, the State Legislature for the
homicideof q. 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 carly 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
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 deceased's intention of crimi-
nal intercourse with (prisoner's) wife
and although the provocation was great
yet the danger was SO urgent that the
killing should be ascribed to the necessi-
ty, and not the provocat,ou, when made
a case of self-dcfence 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 fired that no alternative was
left bit 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 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
deyoured the body of his victim; where
as The seducer makes life more dreadful
than death itself, and should be shot
down as a wild beast Of prey. The
question, whether it was excusable homi-
eide in self-defence, was a question of
fact for the jury, and the prisoner had
no fears of the result.
Heewas followed by Mr.. Talley, on the
paEs Of the State, who declared that the
ground taken by the prosecution was,
that under the law any provocatiou,
however enormous, could only reduce an
admitted killing to manslaughter and
shas If the evidence proved that there
wks time between the provocation and
killing Cor ecooling, or if there was sat
isfactory proof OF previous arrangement
sad preparation for the killing, it was
murder.
Mr. Talley was replied to by Colonel
Henry A. Meetze, in brief but able
argument.
After . charge from his Honor Judge
Boeser, the jury ratired, and after an ab-
sence Of fifteen minutes returnd YER
dict Of ''not guilty"
Thus hna ended one Of the most cx-
citing trials that has ever taken place in
oRr county. The popularity of the pri.
souer, as well as the deceased, and the
circumstances which led to the homicide,
yesisered it SO. After the trial, DR.. l..
Fscsiyed the Congratulations of his
friends