The plaintiff in error, Pink Franklin, a citizen of the negro race, was convicted, in the court of general sessions for the county of Orangeburg, South Carolina, of the crime of murder by the shooting of one H. E. Valentine; thereupon he was sentenced to suffer the death penalty, and upon appeal to the supreme court of South Carolina the judgment of the court of general sessions was affirmed. 80 S.C.. 332, 60 S. E. 953. The case is here upon a writ of error to the supreme court of South Carolina.
The record discloses that the homicide occurred upon the attempt of H. E. Valentine, entine, a constable, to arrest Franklin upon a charge of 'having violated and broken an agricultural contract,' against the form of a statute made and provided in such cases in the state of South Carolina. The statute referred to is § 357 of the Criminal Code of South Carolina, which provides:
'Any laborer working on shares of crop or for wages in money or other valuable consideration, under a verbal or written contract to labor on farm lands, who shall receive advances either in money or supplies, and thereafter wilfully, and without just cause, fail to perform the reasonable service required of him by the terms of said contract, shall be liable to prosecution for a misdemeanor, and on conviction shall be punished by imprisonment for not less than twenty days, nor more than thirty days, or to be fined in the sum of not less than $25 nor more than $100, in the discretion of the court: Provided, the verbal contract herein referred to shall be witnessed by at least two disinterested witnesses.'
Upon the filing of the complaint before a magistrate, what is termed an arrest warrant was issued, directed to Henry E. Valentine, as special constable, commanding him to apprehend the plaintiff in error because of the alleged violation of the agricultural contract, and to bring him before the magistrate, to be dealt with according to law.
As it becomes necessary, in considering the Federal questions raised in the record, to know the facts concerning the homicide, we take occasion to briefly summarize such as are pertinent. The testimony offered for the state and that offered for the plaintiff in error differed widely as to what occurred at the time the constable was shot. The record discloses that about the time of the attempted arrest, Valentine, the constable, summoning one Carter to assist him, about 3 o'clock on the morning of the homicide, proceeded to the farm of one Spires, who lived near to Franklin's house, and requested him to induce Franklin to go to his house, that he might be there arrested. Accordingly, Spires went to Franklin's, and, having aroused him, asked him to do some plowing for him. Franklin replied that he would do the plowing that afternoon, but could not work for Spires that morning. Thereupon Valentine and Carter went to Franklin's house to make the arrest. For the state the testimony tended to show that the door of Franklin's house and the inner door of his bedroom were open; that Valentine rapped with a knife on the steps of the house, and called to Franklin, and received no response; that Valentine thereupon directed Carter to go around that house, which he did, and Valentine, entering the door, was instantly shot by Franklin, and Valentine's pistol was seized and wrung from his hand; that after he was shot a colored woman came in with an axe and said that she had a good will to finish up the job; that Carter, upon hearing the pistol shots, which were fired in rapid succession, ran around the house, and was caught by the leg by Franklin's son, a small boy; that upon entering the house he, too, was shot, receiving a slight wound.
On other hand, the accused testified that he had no acquaintance with Valentine; that he did not know that he was an officer of the law and armed with a warrant for his arrest; that he heard nothing until the door was hurled open, and Valentine said to him 'Hands up!' that he (Franklin) did not move; that Valentine shot him, inflicting a wound in his shoulder; that he fell down by his pallet, got his gun, and fired, intending to get out of the way, and did get out as fast as he could.