The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1869-08-21
The Lexington Hor eide.

& M e. ~
The Lexington correspondent Of the
Columbia Phemir gives the following ac-
count Of the trial and acquittal of DIR.
F. s. LsTis:
Monday having been assigned for the
trial Of DR.. L. s. Lewie, (our represen-
tative in the State Legislature,) for the
homicidsof .. 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 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
excusahle 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.on, when made
q case Of self defence The prisoner had
been warned of deceased's threats
against his life if he interfered with his
(deoeased'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 hs could. The prisoner held, when
the DECEASED fred 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
deEcvred the body of his victim; where
ast 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 question Of
fact for the jury, and the prisoner had
no fears of the result.
He was followed by Mr.. Talley, on the
paFs ef the State, who declared that the
ground taken by the prosecution was,
That under the law any provocation,
however enormous, could only reduce an
admitted killing to manslaughter; and
chat if the evidence proved that there
was time between the pxovocation and
Eillias So aeooling,' p or if there was sat
isfactory psoofeof previous arrangement
and preparation for the killing, it was
murder. m
ir. Talley was replied to by Colonel
Henry A. Meetze, in a brief but able
argument.
sAfleF , charge from his Honor Judge
BooEer, tho jury retirad, and after an ab-
sence Of fifteen minutes returnd YER
dot of '.notSguilty."
Thus has ended one Of the most ex.
citingtrials that baa ever taken place in
opf county, The popularity Of the pri-
shner, as we'll as the deceased aGaa ..he
circumstances which led to tho homicide,
rendered It SO. After the trial, DR.. l..
feesised bhs aougrntulhtiops of his
friends
ltgftseg - = ~ -. eel. ~ ~ 80.