The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1869-08-25
THE LEXINGTON HOMI-
eide.

THE LEXINGTON HOM1-
eide. ,
TIE TRIAL OF Dr.. F.. S. LEw1E
FOR KILLING J. ELLIOTT DRAFTS.
The Lexington correspondent
of the Columbia Pnsnir gives the
following account of the trial and
acquittal of DR.. F. S. Lewie
~ Monday having been assigned
for the trial of DR.. F. S. Lewie, (our
representative in the State Leg.
islature, for the homicide Of J. Ell.
lott Drafts in May last, Cfor the
seduction of his wife, and it being
a very exciting trial, caused every
body to turn out. At an carly
hour the courthouse, was crowded
almost to suffocation. The jury
was composed of eleven whites
and one colored. The case was
opened by Solicitor Tally. After
the examination of the witnesses
on the part of the State, the pris-
oner offering no evidence, Colone!
Simeon Fair opened the argument
fol the defence. He contended
that the testimony, about which
there was no dispute, all being on
the side of the prosecution, made
q case of excusable homicide. The
prisoner was rightfully where be
' was to satisfy himself of the de-
ceased's intention Of criminal in
.tereourse with his (prisoner's)
wife and although the provoca-
ton was great, yet the danger
was SO urgent that the killing
should be ascribed to the necessity,
and not the provocation, " when
made a case Of self lf-defence. The
prisoner. had been warned OF
deceased's threats, against his life
if. he interfered with his (deceas-
;ed's) intercourse with. prisoners
wife. The :: prisoner had every
reason to apprehend, from the
manner of his approach, as well as
from threats, that deceased design
ed to take prisoners life ifhe
could. The prisoner held, when
the deceased fired that no alter
native was left but 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. q diff
Guilty with his wife, some months
ago, is adding insult to injury
The 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
the beast of prey, who only de-
voured the body Of his victim
whereas the sedueer 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 selfdefence, was a question
of fact for the jury, and the priso
ner&had no fears of the result.
He was followed by Mr.. Talley
on the part of the State, who de
clared that the ground taken by
| the prosecution was, that under
the law, any provocation, howev
er enormous, could only reduce ar
admitted killing to manslaughter
and that if the evidence proved
that there was time between thu
provocation and killing for "cool
ing" or if there was satisfactory
proof of previous arrangement
and preparation for the killing, il
was murder. -.
Mr.. Tally was replied to by
Colonel Henry A. Meetze, in {
brict but able argument.
After a charge from his Honol
Judge Boozer, the jury retired
and after an absence of fiftee'
minutes returned a verdict OF "no
guilty"
exciting trials that has ever taker
place in our county. The Popu
farity of the prisoner, as we'll al
the deceased, and the circuInstan
ces which led to the homicide
rendered it so. After the trial
DR.. +: received the congratula
tions of his friends.
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