The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1889-07-03
The Trial OF Mellow.

The Trial OF Mellow.
The trial of T. B. Mellow for the
murder Of Capt. F. w. Dawson was
begun in Charleston on Monday, June
"a. Messrs. Magrath and Cohen rep
resented the defendant, Solicitor Jer-
vey and Mr.. Mitchell the state. A
vast amount of testimony was taken,
and the trial ended only on Saturday,
Doth. The following is the concluding
scene of one of the most intensely in
teresting and highly important cases
ever tried in the state:
CHARLESTON, June 29.-[Special to
The Register. This, the last day of
the Mellow trial, has been one Of in
tense excitement and interest. Not
even on the day that Dawson's body
was found lying in the office of his
slayer was the community so worked
up. The crowd in the court room was
somewhat mixed in character. Nearly
all the clergymen in the city, inclu-
ding Bishop Northrop, were there,
and leading citizens of all professions
were scattered around In the crowd.
But the court room is a comparatively
confined space and the interest extend
ed far beyond its limits. Men throng-
ed the streets, and the universal topic
of conversation was the Mellow trial
and the probable verdict Of the jury.
The clerks in the telephone exchange
were kept unusually busy answering
calls from subscribers who wanted to
ask other subscribers nearer the court
house what progress was making In
the trial. ..E.s.
Mellow came into court as usual aud
sat through the argument and the
charge of the Judge" with his usual
confident stare. He looked, however,
a little less clipper than he did during
the examination of Marie ,Burdeyon
while she was telling the story of her
shame and his disgrace, and he did not
smile quite SO frequently, save, per-
haps, when his eyes rested on the sew
en- negroes in the jury box. He SEEM
ed to realize to the fullest extent the
words Of his counsel, Mr.. Cohen, who
in addressing the jury, told them that
they were the whole world to the pris.
oner. They proved mighty good
world to him, too.
Mr.. Mitchell's argument lasted only
about two and half hours. Judge
Kershaw then charged the jury, who
retired to their room at about l o'clock.
Judge Kershaw's charge was short,
but to the point. The following ex-
tracts will give a fair idea. After de-
fining the various grades of homicide,
he said: II can find nothing in the
law to assert that a mans home ex-
tends more protection than his office,
except that only those having a right
can enter the house, but the office be-
ing public to certain extent, any one
can enter it,"
IF the young lady's connection
with the Dawson family was such as
she describes it, IL was high duty for
him to divert her from wrong, and If
he went into the office as her guardian,
he is not to be regarded as trespasser.
A man, after legally entering all office,
may by offensive conduct become q
trespasser. Angry words are no ex-
cuse for homicide. The accused is not
the Judge of the necessity of taking
life, but the jury are the judges on this
point"
Most of the crowd in the court house
left the room after the jury had gone
out. The negroes, however, and the
other friends of Mellow remained, the
former hanging around the court house
and the latter remaining inside.
Shortly after o'clock it was an
uounced that the jury had agreed upon
a verdict. Judge Kershaw resumed
his seat, and Mellow, who had been
sitting with his counsel during the tri-
al, was placed in the prisoners dock.
He evidently had the utmost conf
dence in his "world,n the jury, for
when they filed into their seats he
showed no more emotion than he did
all through the trial, even when he
was describing how he buried the body
of his victim. The verdict was mot
guilty" an announcement that was
received with applause by the negroes
and McDOw's white friends. They
had been prepared for the verdict; they
knew the negroes on the jury would
never convict him, and the worst they
was q mistrial. They ev-
identity did not know that they could
so thoroughly depend on the five white
jurors.
AS soon as Judge Magrath had writ
ten out the motion for the discharge
of the prisoner and Judge Kershaw
had signed it. the Sheriff removed his
deputy from beside the dock and told
the prisoner he could 60 free. Then
his friends pressed around him. The
first to shake his hand and speak to
him was G. D. Ahrens, his wife's ia
ther. DR.. J. B. Colson, dentist, was
next, then Deputy Clerk Of the Court
Winkler. w. H. Ahrens, a prominent
Republican politician, TWO other white
men, names. unknown, and his coun-
sci followed.
The court room had been cleared by
this time, and DR.. Mellow, escorted as
above, left the room. Going down
stairs he passed through the lobby out
of the rear door. Here grand recep-
ton awaited him. About three hun
dred negroes, under the lead of John
Frazer, o negro hackman, had assem-
bled as the procession emerged, and
Mellow entered the triumphal carriage
which awaited him. Frazer flung his
hat in the air, and the dusky crowd
with repeated cheers. Then
the carriage drove off, the black mob
following at trot and cheering until
they were left behind.
Mellow, it is said. was driven to his
house in Rutledge street. His future
are not known.
This evening the negroes are rejoic-
ing in an undisguised manner over the
verdict. They regarded 1t as victory