The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-12-02
CONVICTED OF NEGRO'S MURDER
Colleton Jury Finds Quillie Osteel
Guilty; Recommends Mercy.

utes deliberation, tonight found q
white man guilty of the murder of a
negro, something that has not occur
red here since before the war. Qul!-
lie Osteen, young white man OF
the upper part of the county, was
convicted with recommendation to
mercy for the killing of Ernest Cope
land, colored, under circumstances
as portrayed by the States witnesses
of great brutality. Many comments
have been made on the verdict and
few cases the parallel of this is re-
membered to have happened in South
Carolina.
The testimony of the State was to
the effect that Osteen, accompanied
by two men, Carter and Sullivan,
went one Sunday afternoon in search
of whiskey and at Caldwell station
came in contact with the negro, Err
nest Copeland. Osteen, as alleged by
States witnesses, asked Copeland for
some whiskey, whereupon the negro
with an oath stated that he had no
whiskey nor money with which to buy
any. Osteen, it is claimed, then said
to his companions that they had bet
ter take away the pistol of the negro,
which was seen in the negro's pocket,
some of the witnesses stating that
this comment was made in jocular
manner. ..
States Contention.
The State maintained that the ne
gro broke and ran and that Osteen
shot him in the back of the head. The
defence offered the plea of. self-de-
fence, taking the position that the
negro drew his gun first, a pistol be-
ing found with one cartridge in 1t
near the body of the negro. The de-
fence stated that Osteen was not
drunk and sought to show that he
had no evil intent towards the negro,
only shooting in self-defence after the
negro had drawn his pistol. The de-
fence also claimed that the bullets
entered the mouth of the negro and
went out the back of the head instead
of entering from the rear, as alleged
by the State This contention was
based on the fact that all of the ne
gro's front teeth were knocked out,
a fact which the State sought to ex-
plain on the ground that the fall
could have done this.
The jury took the view of the case
as offered by the State. The State
was represented By Heber R. Padgett,
ESQ.,, prominent young attorney of
the local bar, and Solicitor Gasque, of
Florence, who is taking the place of
Solicitor Peurifoy during this term of
court. These two able attorneys ad-
vanced strong case and made strong
to the jury. w. D. Ben
net, Esq, of Ehrhardt, most ably ap-
peared for the defence, putting up an
excellent fight and contesting every
inch of ground. Mr.. Bennett gave no
tice of motion for new trial, which !
will be heard this week.
Charge by Judge Smith.
The charge of Judge Mendel L.
Smith was one of the most compre-
hensive and eloquent expressions ever
heard from the bench here. He ex-
planned the entire law of the case in
a most thorough and ineligible man
ner. He closed his argument with
special reference to the oaths the
Jurors had taken and begged of them
to find the truth and write it as their
verdict regardless Of consequences.
One of the most remarkable facts in
connection with the trial is that since
Osteen has been out on bail pending
trial he has served as special con-
stable under the sheriff charged with
the enforcement of the whiskey laws,
and he is now witness for the State
in at least half dozen blind tiger
cases set for trial here this week, hav-
ing appeared in several at the last
term of court He has also been spec
ial constable for a magistrate since
the shooting took place.
A few years before the war two
white men were hanged, in Colleton
county for the murder of negroes.
The testimony in that case being to
the effect that the negroes were run
down by white men with hounds and
their bodies cut up and fed to the
dogs. After a most sensational tria'
these men were convicted, and a re-
markable fact in this connection is that
a strong appealwas made to the gov
ernor at that time for their pardon.
The governor then being Governor
Manning, the grandfather of the pres
ent governor, and the pardon was re-
f,,eo1