The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1921-10-27
AN OLD CASE RECALLED.
Corbett Case Stirs Memories Of One
Equally Interesting.

The case of the state VS., CorDett
decided yesterday by the state su-
preme court and the circuit judges
of the state sitting en- banc recalls
another interesting case somewhat
related to it by reason OF the apphca-
ton of the old common law maxim
that a man. cannot be twice put in
ieopardy of his life for the same OF
fence. That is to say, If a man has
been acquitted of a murder charge
he cannot be tried the second time for
it.
The old case in mind is that of the
state VS.. Mckee. The human interest
details are given in Cuthbert's Life of
Rev. Richard Fuller, D. D. The final
decision of the Court of Appeals as
given by Justice J. B. 0'Neal will be
found in Vol. Bailey's Law Reports
(17 S. c. Law).
DR.. Richard Fuller, one Of the most
distinguished Baptist ministers Of the
south, was educated for the law. He
was graduated. Harvard in 1924
and entered upon the practice of his
profession in his native town of Beau
fort. Associated with him was his
first cousin, Stephen Elliott. An inter-
esting later development is that Elliott
also entered the ministry and became
the Episcopal bishop of the state OF
Georgia.
Circumstantial Evidence Strong.
It is said that the Mckee case had
much to do with the abandonment
of the law by Fuller. Francis R. Nc
Kee was charged with the murder OF
q slave. The circumstantial evidence
was strong. Fuller was reluctant to
take the case even though he ac-
knowledged that it was the lawyers
duty to defend when called upon and
that every man was presumed to be
Innocent until proven guilty. Mckee
finally won him over by showing him
batch of letters from the young lady
to whom he was engaged to be mar
ried. Fuller said afterwards he could
not believe any man could be guilty
OF so foul a crime who could arouse
such sentiments Of devotion in the
bosom of pure Young woman as was
evidenced in this case.
The case came on for trial at Coosa-
hatchie, the judicial capital of that
district, the first scene of the labors
Of James L. Pettigru and others. The
evidence was heard and Fuller con-
cluded his argument just before the
noon recess. The court announced
the noon recess and while this was
being held the solicitor heard the
foreman of the jury remark that. he
would never consent to see a white
man hanged for the murder of
slave. Immediately on the resump-
tienE of the court the solicitor instead
OF proceeding with his argument, told
what he had heard to the court and
the foreman was asked if it was true.
He answered in the Affirmative. The
solicitor then announced that he
would mol pros the case, remand the
prisoner to Jail and try him before a
new jury. Fuller objected and made a
motion for direction of a verdict OF
acquittal. The presiding judge ruled
against young Fuller, but on appeal
to the Court of Appeals Fuller won
Ibis point and his client was ordered
released, the concluding paragraph
of Justice O'Neall reading:
:rThe solicitor having entered a
nolle prosequi, after the jury were
charged, and they being discharged
without any lawful cause, upon which
the prisoner can be remanded for
trial a second time, it follows that he
is acquitted.
ttThe motion, is therefore, granted,
and the prisoner forever acquitted of
the said ofense and discharged from
prison" ...
John J. and Colcock, Jr., concur
red.
Paid in Full.
The rest of the story is sad. Mckee
married the young lady to whom he
was engaged at the time and in a
few years murdered her. He ran
away and took refuge in the lower
part of Florida.
After DR.. Fuller entered the minis
try it is said that he was attending
country church on one occasion and
heard soldier named Goss give some
account of his experiences in the Flor
ida Indian wars. In the course of
his remarks Goss said: "The most
strange, sharp, shocking sound ever
heard WAS that caused by a bullet