Year: 1878

In the case of the State eagaiust
Driver, decided at the present term
of the Supreme Court, I am adj
judged by the court to have viol;i-
ted the constitution of the State,
by the imposition of a cruel and
unusual punishment. This certain
ly is grave impeachment, and up
on it | willingly place myself be-
fore the great tribunal of the pub
lie and plead not guilty, and for
my trial put myself upon the couE


try, as that country is represented
by the men and women of highest
moral culture. The case referred
to was tried before me at the
Spring term of Yadkin Superior
Court, 1877. The defendant was
indicted for assault and battery
upon the body of his wife, who ap


peared personally in court against
him and testified as to the treat
ment sue had received. The de-
fendant plead guilty, and the
States prosecuting attorney on be-
half of the wife aud the public
generally craved surety of the
peace and for his good behaviour
against him. The evidence against
him was as follows, to-wit /:


1st. His wife was directed by
him to take steer which they
owned and hi:ch him to cart and
go and haul a load of shucks from
a pen at some distance from the
dwelling. She promptly obeyed
the order and had gone to the
shuck pen and loaded the cart as
fully as she thought the steer could
draw. The defendant came up to
the pen after she had thus loaded
the cart and put on it an addition


al quantity of shucks thus greatly
overlooking it. He then imperi


ously commanded her with an oath
to drive off with the load. She
told him the steer could not draw
it. He replied, damn you if you
do not make the steer pull that
load I'll kill you" She attempted
to do what she was thus bidden to
perform, aud coming to "a very
small bill the steer baked and was
unable to 9law the load. The de-
fendant commanded her angrily
and with profane language to urge
the steer up the hill as she en-
deavored to do so, the poor over.
burdene6 animal fell to the ground
by force of the overload that was
upon him. When the steer thus
fell the defendant with multiplied
curses denounced and abused her
and proceeded Immediately to cut
hickory switch, described to be
much logger than witnesses arm
aDd AS large as an ordinary mid
die finger of a man. With this
instrument he inflicted a great
number OF lashes, heavily laid on
upon her person, until he had well
nigh worn out the switb. He then
struck her several violent blows
with his fist and kicked her violent
ly on the Oreech and on her side
with all his force.


End. 1t was further shown in ev.
idence that on a certain day, about
9 or 10 o'clock in the morning, the
defendant came home in stale of
intoxication and inquired of his
wife where the steer was. She told
him the steer was out in the range.
tie then cursed and denounced
her bitterly and made her go off in
! search of the steer. She went as
che xrao hi1,1an opl f., ,,uo.oI
hours sought to find the steer but
was unable 10 do so, and returning
home reported to her husband that
she could not find the steer wher.
eupon he took long, large hick-
DRY switch and with it gave her a
severe whipping, wearing the switch
nearly out upon her person. He
then kicked her violently in the
back and on her add men and or
dered her to go off to ploughing
Immediately with the steer, the
steer having in the meantime made
his appearance at home. She star
ted off promptly, got the Steer aud
was proceeding to the field TO
plough, when she at short dis
tance from the house near a fence
that she had to pass over was
seized With the pains of parturi-
tion and actually miscarried in the
fence corner. In this most desc
late condition, without aid from
any person she relieved herself Of
an unmaturcd fetus, wrapped it in
rag torn from her dress and then
went on to the field and tried to
pillow. While between the plow
handles endeavoring to drive the
steer she reeled and was scarcely
able to stand, and in this condition
was seen by an old lady of the vi
cinage who Immediately repaired
to the field where she was and as
certaining her dreadful CONDITION,
the old lady went to the defendant
himself then engaged in takitg up
oats, but short distance from the
plow, and expostalated with him
upon the inhumanity and cruelty
of his treatment of his wife. The