The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1871-03-11
The Trial Of the Porter Gardner
Murder Case.

muIuCI SdSes
AS we promised in our last issue, we
lay before u readers the following &C,
count of this trial, in which such adeer
interest has been manifested, through,
out this community. This ease was the
most important on tho docket for the
special term which began on tho Goth
February last. During the first part
OF the week, tho minor cases, where the
defendants were in i'll, were dis
posed of, and Friday was appointed for
the trial of Irwin J. Porter for the murder
OF Isaac Gardner. The counsel in the
case were E B. Scabrook Esq, Solici-
tor and Malcolm 1. Browning Esq, for
the prosecution, and Mcssrs Knowlton
and Bull for the prisoner. Upon the
opening of the Court on Friday morn
ing, the tria! CT this case wwas immediate
ly commenced.
The case was opened for the prosecu-
ton by Malcolm l. Browning Esq., in a
brief address, after which the testimony
for the State was introduced. The tes-
timouy on tho part of the prosecution
showed that the two men, Irwin j..
Porter and Isaac Gardner were together
with Daniel A. Porter and Henry Salley
Mt the Dean Swamp Mill, on the Goth
day of October, chat there was some
cause of misunderstanding previously ex-
listing between the deceased and the
prisoner, hat Isaac Gardner came up to
where Irwin Porter was SITTING on the
mill, and spoke to him; that, sitting
down, the two men talked together up
parentiy IN q friendly manner, that
Isaac Gardner rose up aud asked Porter
to go the further end of the Mill that
they went and sat down again on some
scantling, and talked together; that both
had their knives ou whiting, but were
apparently friendly that when next
noticed by Daniel A. Porter and Henry
Salley, they were scuaiiug That Daniel
szel auasIlrury salIe5 went 10 them
to part them, and found that Gurdner
was badly cut. They seized Porter,
and afterwards left him and went
to Isaac Gardner, whom they conveyed
to his home, where he lived until the
next morning, and died. Daring tn
time between tho difficulty and his death.
Isaac Gardner told to several witnesses
how the occurrence took place. And it
was upon this his dying declaration that
the counsel for the State chiefly relied.
Porter escaped, and remained perau
until two weeks after the occurrence.
when he came to his uncle and asked to
be brought to Orangeburg, where he
gave himself up and was committed to
Jail, as the readers of the Ncws are in
formed.
The testimony on the part of the
State being concluded, Augustus b.
Knowlton Esq, opened the defence, in n
clear and earnest address. after which the
counsel proceeded with the testimony
for the defence.
This was, briefly, that Porter was
sick and disabled by recent fever and
accident; that he wa NJ aAs ua III,
able to cope with Gardner; that, from,
the position of the two men and of the
mill, Porter, being attacked by Gardner,
was in danger of being pushea-over the
mill into the miII-stream, when he would
certainly have been killed; that he cut
Gardner to save his W life, which was
assailcd and in imminent d. ,ger. Also,
the defence introt uced evidence to prove
threats on tho part oil Gardner against
Porter.
Tho elicitation of the testimony oc-