New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-07-02
inAexible determination to enforce compliance
with just demands.
MDOWyS ACQUITTAL.


The acquittal of DR.. Mellow has naturally
caused great excitement and indignation IN
Charleston among tho white population. inc
exuhation Of the negroes in the courtroom ana
on the streets has impaired to the result the
semblance of race triumph, and various
causes are assigned for their hostility to Captain
Dawson and their rejocings over tho escape Oh
the prisoner. 1t is doubtful if race prejudice
had much to do with determining the iSsuO OF
the trial While there were seven negroes IN
the Jury there were also five white men, ana
the verdict was unanimous and was reached
without prolonged argument or discussion. The
five would not have agreed so readily with the
seven if the color line had been drawn in the
case Dr. McDows willingness and even
eagerness to have negroes on the jury naturally
pleased the colored spectators in the court
room, and probably this is the real explanation
Of the favor with which the verdict has been
received in that quarter. Ordinarily south
Carolina whites have been indignant when
blacks were suffered to act as jurors In murder
cases. and Dr. McDow's conduct in dlScrim-
mating in their favor instead OF against them
excited sympathetic interest among thein'
There is, however, no reason to believe that re-
sentiment for past injuries or insults influenced
either the Jury or the noisy negroes IN court.
CaDtoin Dawson had made enemies among tho
whites as well as among the blacks by his
course as a fearless editor and politician oil
inAexible purpose; but he was deservedy pop
MAR among all classes as a useful and public
spirited man, who had placed the whole city
under obligations to him at the time OF the
earthquake
The verdict of the jury is to be explained
moro naturally and easily as the result OF
masterlv tactics on the part Of the counsel for
the defence. They diScemed the advantage
which they derived from the fact of having
the only witness of the scene IN Dr. McDOWs
office. Captain Dawson's lips had been closed.
Their own client could give the only account
Of what happened in the physicians Office, and
they rchearsed the performance carefully in
advance and openly coached him in court so as
to render the recital as effective as possible.
The prisoner told his story with an air OF
naturaness and simplicity that made an I'M
preston on the jury and there were no contra
dictiOnS except those suggested by the couhSei
for the State in commenting upon the Weghb
If Captain Dawson's cane, the direction OF the
pistol-shot and the location of the wound. Inc
colored coachnan's positive assertion respect
ing the words overheard by him from the street
fitted in with DR.. McDOw's own account OF the
transaction, and tended to confirm 1t. Inc
Jury accepted the only narrative of the alteTa-
ton and shooting which was presented to them'
and they sustained tho plea Of self-deience'
The painStaldng care of the State attorneys
in proving a deliberate attempt on the part OF
the nrisoncr TO conceal and bury the body was
misspcnt energy. The calmnesS with which ne
admitted doing what was charged and reclted
his frenzied state of mind when he discovered
that his victim was dead created presumption
in his favor. He certainly was teihng inc
truth when he described the hidcous attempt
to make grave under the floor Of the closet;
and his manner in relating the closing incidents
Of the shocking scene helped to convince tho
Jury that his story as whole was credible Inc
five whites seem to have been as quick to ac-
cent it as the seven blacks. 1t was an adroo
defence, exceedingly well conducted, with an
accurate forecast Of the effect of simple, dl-
rect account of the fatal scene upon the MINDS
Of an unintelligent jury.