The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1869-08-21
az Terms Cash in Advance. -as
The Lexington Homicide.

The Lexington correspondent of the
Columbia Pten'n gives the following ac-
count of the trial and acquittal of DIR.
f. s. Lewis:
Monday having been assigned for the
trial of DR.. +. s. Lcwic, (our represen-
tative in the, State Legislature,) for the
homicideofJ 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 early hour the
courthouse was crowded almost to suffo-
cation. The jury was composed of eleven
whites aud 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
tho 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 necess-
ty, and not the provocation, when made
case of self-dofencc The prisoner had
been warned of deceaseds threats
against his life if he interfered with his
deceased 81 intercourse with prisoners
wife. Tue prisoner had every reason to
apprehend, from the manner of his ap-
proach, as well rs from threats, that de-
ceased designed to take prisoners life
if he. could. The prisoner held, when
tho 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
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 a cold-hearted murderer
more than the beast of prey, who only
deyoured the body of his victim; where
es-the seducer makes life more dreadful
than death itself, and should be shot
down as 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.
He was followed by Mr.. Talley, on the
part Of the State, who declared that the
ground taken by the prosecution was,
that under the law any proyocation,
however enormous, could only reduce an
admitted killing to manslaughter; and
that if the evidence proved that there
Was time between the provocation and
killing sor Cooling" or if there was sat
isfacSory 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
argument.
Altar charge from his Honor Judge
Booser, the jury retired, and after an alb
asn55 of fifteen minutes returnd YER
dict Of ''not guilty"
Thus has ended one Of the most ex-
citing trials chat bas ever taken place in
opr county. The popularity of the pri-
soneg, as well as the deceased and the
circumstances which led to tho homicide,
rendered It SO. After the trial, DR.. l..
received the congratulations of his
friends.