Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1889-07-03
"Strange, Passing Strange"
A STRANGE vERDIcT-DR. McDow,

STRANGE vERDICT-DR. McDow, OF
CHARLESTON, g. c., ACQUITTED.
The acquitted of DR.. Mellow for the kill
ing of Capt. Dawson-the circumstances Oh
which we published at the time of that sad
occurrence-will excite the surprise and
indignation of the general public. Though
he was not guilty of murder in the first de-
gree, as it was not premeditated with
malice prepense, he was guilty, if not of
murder in the second degree, certainly OF
manslsughter, and should have been punish
ed accordingly, instead of being acquitted
as he was. AS the N. Y. Herald says, the
acquittal last Saturday, of DR.. McDow, who
has been on trial during the past week at
Charleston for the murder of Captain
Dawson, editor of the Neacs and Courier, OF
that city, shows either an utter lack OF IN
telligence or a defiant disregard of their
oaths on the part of the jury. The veroic6
as well as the jury merits, and will doubt
less receive, general condemnation the coun-
try over.
The prisoner admitted the killing. His
plea was self-defence. But his own testl'
mony showed that the shooting was not
necessary to protect his life, and hence was
not Unsuitable homicide. Taken with the
other evidence in the case it established
clear case of murder.
The law of sslf.defence is plain. A per-
son attached is justified in taking the life OF
another only when he has good reason to
believe it necessary to save his own. Mere
fear is not sufficient. The circumstances
must be such as to warrant the fear. If he
can escape by flight he is bound to do So.
If he cannot escape and his life is not in
danger, he must even submit to moderat e
violence. The law does not justify or ex-
cuse a resort to deadly weapons as pro-
lection against mere bodily harm. 1t does
not sanction the taking of life in return for
a blow.
Judged by this rule of law and the facts
| in the case there was no justification fol-
the killing of Captain Dawson. He had
gone to DIR. McDow's Office on perfectly
legitimate and proper business-to war
the Doctor to desist from his ruinous de-
| signs upon young girl stranger in this
country, in the employ and under the pro-
lection of Captain Dawson.
The latter went on the mission unarmeo
and apparently with no intention OF VIC
lence. 1t was not until he had been pro
voked by most insulting epithet that he
| struck the Doctor with light malaccs
cane. Whereupon the Doctor drew his
revolver, shot him down as he would a dog
and then, with guilty conscience and erimi
nal spirit, set about to bury the bedy under
the floor of his closet. That was simply
murder, as unnecessary to the protection o.
| his own life as it was brutal.
The lawyers for the prisoner laid much
stress on the fact that the tragedy occurred
in the house of the prisoner. A man.
home they said is his castle, and Captain
Dawson had no right to be there But the
shooting was in the Doctors Office. a
mans office, though in his own house, il
not his home, but his place of business, ant
is open to all persons having business will
him.
This acquittal is fragrant failure of jus
tice, which can be productive only of mis-
chief in the South. 1t is specially deplora
BILE in view of the fact that the majority o
the jurors were colored men. The result
the trial is not creditable to them.