Gazette Of The United States

Charleston, (S. C.) June 2.

Wednesday last came on in the court of general sessions, before the Hon. judge Drayton, the trial of Mr. Wescott, for gouging and maiming Mr. Bowen.

It appeared in evidence, in proof of the prosecution, that Mr. Bowen in passing the defendant, at the door of Mrs. Dewes, in King-street, brushed against his arm, which he considered as an affront, pushed him so violently that he fell down, and on getting up struck the defendant with a small whip he held in his hand.

Wescott then threw him down again, got upon him, and gouged out one of his eyes. He then took the whip out of his hand and beat him violently with it. Persons who saw the affray interposed, the eye was replaced in its socket, but the light entirely extinguished, and the other one at times much affected by it.

In defence of the defendant, three countrymen were produced. The evidence of one of whom went to prove, that the assault was first begun by the prosecutor; and the other two were of opinion, that the wound was received from some kicks which the defendant gave Bowen when he was down on the ground.

The attorney-general observed to the jury, that this offence was in strictness of law a capital one, and if the offender had been treated as he ought for what he had done his life must have been taken away and his lenity was by no means owing to any lenity in himself, but from the tender humanity of the aged prosecutor, who prevailed upon him, by repeated solicitations, to lay the indictment in the manner in which he had done.

It was almost unnecessary for him to expatiate on the barbarity of the action—the birds of the air and the savages of the dear employed their talons in the destruction of their prey for man whose mind was endowed with the light of reason barbarously to take away the sight of one of his own.

[A young and quiet man thus to deportment employ his entitled hands upon an aged person was such a far crime as that the law he felt allowed himself. This extremely indictment sorry was in not laid having for a gone maim as according to the law laid down by judge Blackstone was punishable by fine and imprisonment or otherwise at the discretion.]

The measure of punishment did not lie with the jury [garbled] at satisfactory grounds, and he did not doubt but that when the court came to pass sentence [it would] raise the punishment [un sne cvuutry a nionumcnt ot juitice] that would deter others from the perpetration of such an unmanly savage action.

The judge summed up the evidence, and laid down the law upon the occasion.

The jury having retired, brought in a verdict of guilty, and the prisoner will be brought up on adjournment day to receive sentence.

June 9. Yesterday the court of general sessions passed the following sentence on Mr. Wescott, for gouging and maiming Mr. Bowen: That he should stand in the pillory, on the green, near the goal, a quarter of an hour; be imprisoned for four weeks, pay the sum of fifty pounds, and be kept in confinement till the fine is paid.