The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-02-16
THE pENITENTIARY MURDER.
Result of the Trial.

In the Court of General Sessions at Colum-
bia. on Wednesday, Judge Melton presiding,
the testimony In the case of the State vs.. Da-
vid Foulk, William williams and Isaac Friday
having closed, the arguments were delivered
and occupied the court till late In the evening.
The defendants were employed at the Peni-
tentiary; the first named, white man, as
captain of the guard. The two others were
colored members of the guard. They all were
indicted for the murder of jefferson Brown, a
convict. who died in the shower bath, an &C.
count of which has been given with the coro.
neris verdict in the columns of The NEWS. It
was shown In evidence that this convict was
one of the most, If not the most, refractory
man in the Penitentlary. He had been fire.
auently punished for his repeated exhibitions
of iusnbordination, and 1t had little or no
effect on his conduct. Several times he had
threatened and attacked the guard with deadly
weapons, and the shower,oath, mode OF
punishment long used at the Penitentiary,
was the only kind of punishment that lie
dreaded or which seemed to have the
best effect for his behavior. The day when
the unfortunate occurrence took place he
had refused to work and to obey the Or
ders OF the guard. He had also grossly in-
sulled the captain Of the guard, and when he
oaths that he did not care for that kind Of
punishment Then the shower.bath was ad-
mInistered. His action, during lhIs punish
ment. was very violent; he struggled to the
utmost of his strength. He finally ceased his
struggles, and was taken out 10 q dying con-
dillon. coroner's jury was empAnelled,
aud Dr.. r. W. Gibbes made post mortem
examination. He found, according TO his tes-
timony. the lungs, heart and liver 10 state of
congestion sufficient to produce death. He
did not examine the brain, neck or spine. 1t
was his opinion that this congestion resulted
from the shock of the shower-bath.
Drs. Darby and Tally testified that death
might possibly have resulted from apopeXy.
but that DR.. Glbbes's theory of The case was
among them Governor Scott, testified to the
irreproachable character Of Mr. Foulk and
the other prisoners.
M. Barnwel. acting solicitor. argued that 1t
was case Of murder. Mr.. Chamberlain, as.
sisting the solicitor, argued that 1t vas inYol-
untary mansIaughter.
Messrs. Hoge and Tradewell, for the defence,
held the ground that Twas simplya q missad-
venture, and that these officers had no malice,
and were in the ordinary discharge OF their
duty. That this method Of discipline was
found In the ppnltentiary when the present
superintendent took charge, and had existed
there with the full knowledge of the direc-
tors ever since, except Ior yeHr, perhaps,
during which It's use was dispensed with.
That It was not an unusual mode of punish
ment or administered In cruel manner.
Judge Melton In charging the jury said, It
was q case very peculiar and unusual. In big
Experience as lawyer and Judge, he had
found nothing like 1t. That he was impressed
with Ita pecuIiar character, establishing, as 1t
would, an Important precedent. 1t was the
case OF men innocent in themselves, yet, for
the general good, brought forward to be tried
for crime. He then reviewed the case, ana
the testimony bearing on the law applicable,
and gave 1t to the jury.
NJ. with 8 verdict against David Foulk, guilty
Of manslaughter. The other two prisoners
were acquitted.