The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-08-13
TIE LEXINGTON HOMICIDE.
The Trial efSr. r. 8. Lswie fer Killing
J.Elliott Drafts.

The Lexington correspondent of the Colum-
bia Phenix gives the following account of tho
trial and acquittai OF DR.. F. e. Lewie:
Monday having been assigned for the trial
of DIR. F. 8. Lewie, four representative IN the
State Legislature,) for the homicide OF j., FL.
lott Drafts in May last, (for the deduction OF
his wife, and it being very exciting trial
caused everybody to turn out. At an early
hour the courthouse was crowded almost to
suffocation. The jury was composed OF eleven
whites and one coored. The case was opened
BIZ Solicitor Talley. Alter the examination OF
the witnesses on the part OF the State, the
prisoner offering no evidence, Colonel Simeon
Far opened the argument for the de-
fence. He contended that the testimo.
ny, about which tnere was no dispute, all
being on the side Of the prosecution, made
case OF excusable homicide. The prisoner was
rightfully where he was to satisfy himself OF
the deceased's intention OF criminal intercourse
with his (prisoner's) wife; and although the
provocation 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 threats AGAINST
his life If he interfered with his (deceased's) in
tercourse with prisoners wife: The prisoner
Lad every reason to apprehend, from the man
ner of his approach, as we'll as from threats,
that deceased deslgned to take prisoners life
if he could. The prisoner held. when
the deceased fired that no alternative
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 con-
duct of the deceased, by showing that the pris-
oner had difficulty with his wife some months
ago, is adding insult to injury The man who
could coolly calculate on the chance Of seduc-
ton, where the wife was under the displeasure
of her husband, was cold.hearted murderer
more thaa the beast Of prey, who only de-
voured the body OF his victim; where ls the Sc
ducer makes life more dreadful than death it.
self, and should be shot down as wild beast
Of prey. The question, whether it Was excus-
able homicide IN seif-defencs, was question
OF fact for the jury, and The prisoner had no
fears Of the result.
Re was followed By Mr. Talley. on the part
taken BIZ the prosecution was, that under the
law any provocation. however enormous; could
on reduce an admitted killing to manslaugh-
was time between the propagation and killing
for cooling" or if there was satisfactory proof
Of previous arrangement and preparation for
the killing, it was murder.
Mr.. Ialley was replied to by Colonel Henry
a. Meetze, In briel but able argument,
After ct arge from his Honor Judge Boozer,
the jury retired, and after an absence OF hfIeen
minutes returned verdict OF mot guilty."
Thus has ended one Of the most exciting
trials that has ever taken place in our county.
The popularity OF the prisoner, as we'll as the
deceased aad the circumstances which led to
the homicide. rendered it 80. After the trial,
Dr. L. received the CONGRATULATIONS OF his
friends.