Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

I v ^ * DEVOTED TO LITERARY, COMMERCIAL, AGRICULDCOil^ GENERAL AND LOCAL INELLIGENCE, VOLUME I. LANCASTER, C. H? SOUTH CAROLINA,^WEMISMY MORNING, MAY 1?, 1852, 4 . NUMBER 15. !YJU I LANCASTER LEDGER 18 PUBLISHED EVERY WEDNESDAY MORNING. M. S. BAILEY, EDITOR AND PROPRIETOR. TERMS: Two Dollars per ;7car, if paid in ad- ' Vance; Two Dollars and Fifty Cents, if ] paid in six months; or Three Dollars, if ( payment is delayed nntil the end of the year. These terms will be rigidly ad- J . liered to. ' . Advertisements will be conspicuously < inserted at seventy-live cents per square j of twelve lines, lor the first insertion, and thirty-seven and a half cents for each ( subsequent insertion. A single insertion 1 I One Dollar. Nothing will be counted I "| less than a square. * " Advertise!* are requested to state, in ^ (m writing on their advertisements, the num- t her of times they wish them inserted; or W they will be continued in the paper until ordered out, and charged accordingly. ( ALL KINDS OF ! f JOB PRINTING: f * . EXECUTED WITH NEATHESS A!?D DESPATCH At this Office. J | dflrrtpii Mrlrs. j (A From the Spartanburg Spartan. ' | The Policy oi the Homestead Law. ^ Some observation* respectfully addressed to * 1, Jl. S. Bailey Esq., Editor of the La a- ( caster Ledger. , We have made the following extract t 1 f! ' from the editorial referred to last week, < A i as our excuse for writing again upon tbe II subject: "The honor of introducing this Law in B*. the Legislature belong to Mr. Tucker, one W* of the Editors of the Spartan, and in his paper of the 8tli in?t., he hns a long article on the subject, attempting to meet and rebut the arguments made against the Law, and endeavoring to shew what wilL be the practical benefits arising from the adoption of this law. Our friend of the Spartan also anexes to his article the vB name of eighteen States besides South AM' Carolina, which have adopted similar 'y J Laws. The Yorkville Miscellany, and j Camden Journal, have each copied this table of States, and we presume, think themselves fortunate that the) have such nnxiliary as the Spartan, who is able information. * * We arc not willing that those who were instrumental in adopting tills Law, and many being the prime movers, should receive the thanks ) and adulation of the people fordoing them J a public service, when we believe it is {calculated to prove to be an injury.? s Lancatter Ledger, 21*/ April. * It is not our purpose to reply to the ^ article from which we have made the fol| lowing extract. If the Editor of the LedVuK ger had, in a spirit of candor and fairness, transferred our article of the 8th April, at y. it trat written, to his columns, we certainly should not have entertained any apprehension as to the result, or as the effect upon the good people of Lancaster. What we propose now is simply a calm, P\ dispassionate and honest inquiry into the (main question, with a sincere desire to arrive at just and proper conclusions. This is the duty of all civilised Governments to exercise a judicious control over the inter-dealings, the pecuniary transactions, the commercial relations and pi\>% perty-rights of the individuals composing '' such Government, is * proposition that may be set down as demonstrated bv the common sense and experience of mankind; t i ft* no civuiseu uovcrmneni nnn ever vet a existed, by the recorda of history, that s did not assume and exercise such power, t This ' wer belongs to Gvverment, and its I j exercise ie indispensable to the well being r of the State; not only to restrain one from a approaching the property of another, j *" without the content of both; not only to r determine the respective rights of con ten- 1; - ding parties; but alto to regulate their t b commerce; to protect the unfortunate; i 8 and to impose restraints upon the-more J I favored and powerfol. What mean the o *; Usury Laws of South Carolina, and of almost every other civilized State t War s t may I not receive from my unfortunate c neighbor, whose pecuniary necessities in- r duce him to agree to pay 20, per cent, per t annum for the use of my money! Who r tuts the right to enact a'law to impair the pyii^ation of that contract f My country hm the P^ 110(1 1)1 ***** ha* felt iuelf morally bounJ 1? cxeiviee that power, for the tear hp before au;M*l< In proportion to the dMcrfaninate, but S fear lam, eserdaa of tbie Legiaiaiire power, in dwnu'te of the potency bf trfciHh, and k the prejudice? <***7 ?Jn ? ** 9 politicSweacnre a o** 1 h**Hhy cop. titutioo; and aociaty Ht^f * rtaadp, ? . safe and aartam aromaa whereret . I^attTr^Xdby tberunpomd interest of claaiaa whether by thoea who acquire waahh hy trade and traffic; or by ! thorn Who InherH a eontampt for the poor by the eeaooiatiopa of ariatocratio birth ; | the body polRie suffers; society exhibit* , the aymptotna of diaeaee and decay, while 1 i I the State gradually loses Ita moral and physical power. Why are there, to-day, One Hundred Thousand persons in London, who are tortured with the pangs of hunger, and who know not how to procure bread or shelter for to-morrow, not for want of imluttry, but for mint qf employment?for toant of work to do t And why are the poor rates?the taxes for the support of the poor?in England, becoming so oppressive and enormous as to make it n subject of apprehension and just alarm to the British Public; while in almost every oounty of England there aro Dersons of nriiuvlv tfr?rtjin? r\t nntnl.4 ;? J ? - V-V?*wv v? uiiiVlUf IU* calculable wealth? The student of History and of Jurisprudence will solve the Problem by telling us there is a wrong?there is an error ?there is an inequality in the adjustment yf the interest of society. The Govern ment has not done its duty. The rich have been fostered. Trade has been favored, while the working classes?the jreat mass of the people?the poor, have been overlooked and neglected. The Poitical Economist will significantly point >ur attention to the startling fact, that n a population of a little more thanTwen:y-six millions, the whole Real Kstato of :he Kingdom is owned by Thirty-three thousand persons; one landholder to Seven Hundred and Eighty-eight pervons; who "have no little spot of free earth :o call their own," whereon to make bread ind rear their offspring! But we shall be still more surprised when we learn that he poppulation of Great Britain and Ireland is annually, g-owing smaller, dc reasing from year to year ! The wisdom of this supervision of Government over the various, and often convicting, interests of men, is based upon }hf nature and constitution of man, exhibited n its action and manifestations in a State )f society. It is nowhere better illustrated ban in its application to the relation sublisting between Debtor and Creditor.? \nd here the question may arise, Should the Debtor be allowed any n-operty that may not be taken to dissharge his obligation to his Creditor? This, perhaps, afler all, is the real question to be settled ; and the only one, in he solution of which, any serious difficulty an present itself. Once satisfactorily determined in the affirmative, our deductions low easily from the main premises, and .he results attainable will be clear, definite ind conclusive. fe it, then, right and proper that Go eminent should, in the exercise of its disiretionary power, set apart and exempt my designated property that shnll not bo?me the subject of levy and sale for the latiiifaction of debt without the consent of iie DebtoH . Cases of individual insolvency?of the' nadequacy of tlie Debtor's effects to satis"y the demands of the Creditor?have occurred, as a common and ordinary circumstance, front the first community of men .othe present moment; and will occur till he dissolution of the last that shall exist n the world. "The poor ye huvc always vith you." Suppose, then, we appeal, for a decision of the main question, to the tribunal >f Human Nature; knock at the door of nau's Humanity, and require an answer o the question. Shall a man, his wife md children, be utterly stripped of all heir property and effects to satisfy their reditor's claims f Shall the mother surender her last bed ; the woman give up ter wearing apparel; the husband release lis plough, his horse, his books, his home, lis all; the children loose their last loaf of iread, while they cry with hunger ; shall hey all l>e rendered desolate, and abanloned to utter destitution, bccaure tl ey two a debt which they cannot at the imo discharge! Shall Shylock be allowed o extort the penalty of his llond though ui written terms rvtjuire, a pun no, or livng, writhing, human feth, cut from near be heart of Antonio f Mans better nature revolt* at such an lorrible and damning conclusion 1 The noral feelings and common sense of manrind will settle this question, at once and braver, in the affirmative:?there ehould <e an exemption of property for the benfit of the Debtor'* family. But we have higher authority than his. That which was, t? iteelf right nd piOp?r, when applied to man in a tate of society, al any time, will continue o be right and proper everlastingly. The lebruw Code of Law, in its adaptation to nan, his wants, his necessities, his rights, nd his duties, was the embodiment of lerfoct wisdom as it emanated from the nind of Deity. I>id that Cod? contain no aw to perfect the Debtor, and to restrain he Creditor f Every seventh year the rbole spontaneous produce of the land of udea was expressly given to those wko wntti no lands. Every seventh year was expressly deignnted as * year for Ihs rtlease and canel I stion of all debts: And this is the nanner of the release) Every Creditor hat lendeth ought unto his neighbor shall elease it; he shall not exact it of his teighbor, or of his brother,* (DeuU xv.) Vay more; the Creditor is expressly cauioned not designedly to colled his debts o as to have nothing to forgive at the eptennial release :?"Beware that there >e not a thought in thy wicked heart, X'ng, The seventh year, the year of ise, is at hand; and thine eye be evil igainst thy poor brother, and thou gives! itm nought(refuse to credit htm be? iause of die exemption law) "and ha cry into the Lord agaimt thee I * * Thou halt rarely give him" (credit) 'and thine Mart ahall hot be grieved when thou gir?t u7!*0 bitn." (IbT) But more th*h thte. Every Debtor tad the right to redeem hie lead* that tad been aold for debt within a given peiod; if it wee a Lot ip a walled city, he 9 could redeem within a year, but not afterwards ; but it all other cases he might redeem at any time. And if he were Aiwble to redeem, at the recurrence of every Fiftieth year, he might resume his lands, he or his family, or heirs at law; might re-possess themselves absolutely of their forfeited lands, independently of any claim or the title of either purchasers or creditor. (Lev. xxv.) Now we do not infer from this author- \ iiy that we should copy the Hebrew Sta- i lutes for our Government, in our altered i and dissimilar circumstances. But we do 1 mean to infer that here is a clear devel- \ opement ol a Principle, as applicable to I ours, as to the Hebrew Commonwealth; inculcated and enforced by the sanctions of t Laws, vix: That the Debtor shall not be ? surrendered to the mercv and discretion < of the Creditor : that a man should have 1 some reserved rights, pecuniary rights, family rights, which ought to be set apart and exempted from the operation of ordinary contracts, debts or obligations; and of which the Creditor could not deprive him. liere, then it seems Jo us, is a clear, Onequivocal warrant for the wisdom and moral obligation of Exemption Laws. Now we submit to any candid mind that, by the lights of reason and revelation, there ought to be a law securing tome property to every family beyond the reach of debts and creditors. If, then, some property should be exempted, it follows, as a necessary deduction, that a sufficient amotmt of property should be thus exempted to satisfy the requirements of humanity, and subserve the ends and purposes of the rule. What species of property, and how much in value, should be thus set apart, is a question, the answer to which, will always iit*nonrl nrvtn oirpumsl u??oo? ! 4 answered, generally, that a temporary supply of the necessaries of life, with the j means of procuring future sujyplies should s be thus set apart. f In an agricultural country like ours, it may be safely assumed that provisions to d the value of $35, will only he a tempore- d ry supply for a family ; and a tract of f Fifty Acres of land and one horse to t plough w ith, cannot be said to he more t than the necessary means for a farmer with c which to procure future supplies. Now, if any property he allowed, what | can be 60 proper to a fanner as -'a little <1 spot of ground f Why allow him any- a thing else, everything else, hut that wlpch | is most necessary, most natural and moist ? congenial to him who digs his sustenance t from the soil 1 Wht deny him a field to j plough?a horse to plough w ith I If too much land is allowed, then let us reduce 'the quantity, bnt why not set apart some { land?a small Homestead { a Such Is the Homestead Law of South | Carolina, which did not atfect any previous debt, contract or obligation ; and of ' tlin ArcAwaf i/vn ??/l ^ a!_ ^ uiv via iniivu anu UlUXl U1 W UlCIJj II1C . people had throe months' notice. Is it right! Whom has it injured! Wh<>n? can a it injure ? Is it wise to denounce, in ad- J vance, any measure which commends it- n self to the heart and understanding of man, before we have tcstod it by the 8 lights of experience t That this law docs not and will not P affect general credit?useful and neccssasary credit, has been abundantly shown iq a former article. Hut suppose it did curtnil, some extent, that indiscriminate, extravagant and ruinous system of credit, which not unfrequently results in wide- * spread bankruptcy, will any thinking man ^ undertake to say it has therefore done a }' public injur}'! u It is easy for the Editor of the Lrdgtr }' to cry out against those who may benefit- ? ted by the Homestead Law, and call them C "idle" "lazy" "fraudulent" and "racallv" * fellows, and to wish them all out of the a State. Hut he will find more difficulty in h convincing the intelligent, that a man is ?' necessarily lazy or rascally, because he is tJ involved in pecuniary embarrassments.? ^ He most be "a marvellous proper man" to * decide that none but the fortunate are 1< honest. I'ray sir, tell us who perform the ? labor, who cultivate the fields, who make g up the rank and file of the army, when ? the drum beats to arms; who stand in * the deadly breach to defend their country ? when the foeman's foot presses the soil f c Do none but merchant* and money dealers go to battle t How manv Regimerit* of such material* can yon bring to the field f He is a rash man who deter- ' mine* that public or private virtue is found r only with those who have been successful P in the acquisition of wealth. What can ? mere manual labor accomplish, however u honest and unremitting, when opposed to, " or in competition with, the superior power * and advantages of associated and combined [ Capital f But we well understand this clamor ? against the Homestead Law, ami the source from which it proceeds. We un- , dent and the Ledger when it speaks of ^ the merchants difficulty in crediting out # his goods and groceries. And tor once we ^ intend to look this matter fully in the face, , and deal with it fearlessly. If the merchants conceive their traffic c and their gains interfered with by the op- t ration of this Law; and the question is , made, as to whether the Parmer** or the t Merchant's interest ia to be most tegarded, , so far as either tnay be effected ; then we , affirm that the mercantile oommnnity ootoe t with an ill grace to demand a repeal of { this wholesome Law. That the operation of the Homestead J Law will, or can affect the mercantile in- j tercet* injuriously, istrhat we do not, and never have, for a moment believed. But < on the contrary suppoaitkta, we have a t word of defence. \ There are Fifty mm in South Carolina t who derive their subsistence, and acquire 1 m their property, by the cultivath* of the oil, by the plough, the first, greet, natural and moat useful em ploy meet of our race; to one who goto his support by selling " goods and tjroc*riu.n There are Fifty laborers in the field, who produce the wealth of the country, to one who deals in exchange and barter: fifty who raise grain and Cotton to one who measures cloths and calicoes, and weighs ginger and spice. The merchant is supported?fed and clothed, and not tmfreqnentty made rich by the onoductkms of the Bold?by the labor of the producer. Por the value of every 100 cents of exchange furnished by the merchant, the producer pays 125 or 150 centai, from the proceeds >f his labor. This large profit to the naer:hr.nt is charged in part to cover the lesabs that may occur by theirimudidoui and wholesale tyttem of credit. The merchant nakes out his account, takes his booka in10 Court, proves his demand by hia own >aui, take* hi* judgment, and, is clamarous for the right, alto, to sell the Homeitead of his eoetomer?to teke the last leld, the last Acre, garden, Orchard and ill; the last plough-hone, in short, the ahole and only meant by which the proiucer possesses with which to pay his lebta, and to get bread for his children ! Vow if there should accrue to the Farmng interest greater benefits, than to the Mercantile interest, from the practical ef beta and results of the Exemption Law, *e submit, in all candor, fairness and jusice, that the latter complain with a bad pace: that common generosity, modesty ind liberality of feeling ought to silence heir opposition now and perpetually ! To affirm that our Homestead Law will lave, or can have, an injurious effect up* in the useful credit, is saying what cannot >c proved, and what has been often shown o be erroneous. To affirm tliat this law can operate opiressivcly upon any class of society, is a?erting what can be demonstrated to be also. To affirm that the law will do, or can lo, no public good, is to arrogate a wisk>m above all the wise, to determine bcore hand what nothing but mptrientt can each, and to exhibit to men result, yet o be developed, which none but Oninisience can know. To oppose the law cenerallv and blind y from selfish motives, with or without suae; and denounce those who would vuil themselves of its provisions, is to exlibit n hardness of feeling, an utter abenee of those kindlier and nobler sympahlee of man's nature which distinguish lim from a beast of prey, and make htm in object worthy of love or admiration. It is a law for the relief of the suffering ; or the protection of the unfortunate; for i shield to unoffending females and their ittle ones; for the widow and her orthans 1 It is right in itself, right against all i>rms af sophistry ; against all prejudice nd opposition, it is right! the people will et bless the day of its enactment; and iien will be ashamed to have it known hey ever did oppose so wise and humane regulation. From convictions of duty nd propriety we are pledged to its suport now and hereafter. An initial Scene. Yesterday afternoon quite an exciting wne took place in Charles street, near (onunienL It appears that some three ears ago a young gentleman, after havngbeen refused ue hand of a beautiful oung lady tlien residing in Charles street, a account of his poverty, left this city for California, declaring that he would return ome future time possessed of riches, at II events enough to make himself and is intended comfortable. After aaurances of unalterable affection from he young lady, he left for New rork, where he took passage in an old rorn out vessel for El Dorado. After the ipse of some ten months the vessel reacb(1 her place of destination, and the young lentleman immediately set out for the gold oines; determining that he would not itite to hia friends, but as soon as fortune bould favor him with enough of the preious metal he would return unexpectedly, nd by this means ascertain if hia lady ove had been true to her promise. Three days since he arrived in New fork, and left for this dty, where he arived yesterday morning, in fond antici tion of surprising the dearest object us near* ; ana repairing immediately ? the lady's former residence, ?h much isappointed to hear that the idol of hie flection* had left the city shortly after lie departure, with her parents to visit fort hem States, and becoming so mneh (leased with the change, tier parents had ettied in the city of New York. The genleman left the house with a heavy heart, letermining after calling upon some of his ntimste friends to return to New York in ?arch of the young lady. On his way out Thsr'.es street, when near the corner of ionument street, be saw a little girl abont wo yean old, who so much resembled the ibjeot of his search, that ho stopped for a Dotnent to gaae upon her features, when rho should turn toe eomer but the identiml vornia U*. m k* mA am ! > una wit? a gentleman. 5ur California gentleman atood aghaet for a moment, a en ruahed forward, caught Um lady b tW arms, and buret forth in a flood ?f an. The gentletnaa accompanying tho ndy wm all aroasenkent,and for aaore than i minute eon Id not apeak. Aeeoonaa Ida enenlring fcenMae retam* d, 1m caught theCalMbrnin gentleman few he collar nod demanded an explanation, rhich waa aatit&cfcooily given; and all pnrJee left the apot in Ugh glee; the yonag ady hanging is n moat affectionate man* i ner on the arm of oar California friend.? The lady and gentleman who had turn? the corner were brother and sister, and th young lady was the cousin of the affiance* bride of (he gentleman from California.? When we leu the scene, we really though oar California friend would go into by* terics, so pleased was he to hear that th object of his search was true to her towi and dying with impatience to clasp hhn it ber amis. They proceeded to the reei dence of the young lady, who resides ii Conway street, and the meeting of th< lovers can "be better imagined than de scribed."?Bait. Clipper. Mr. Clay's IUmaaa The Washington correspondent of th< Journal of Consmeros writes as follows: I fear that Congress and the country will soon tery soon be called upon to bo stow funeral Lnoors upon one whom they hare long honored in life. On Sunday, he asked Dr. Jackson, o< Philadelphia, whether his death would be a painful one, and whether it would not be by suffocation?as be had feared. Dr. Jackson replied that his death woald not be by suffocation, that it would be perfectly easy, that his nenrous energies were entirely destroyed, and nature would yield without a struggle. Mr. Clay has been perfectly cheerful throughout his protrated illness, is still calm and in full possession of his mental {acuities. Ho talcs of death with no regrot at its approach. He has neither expected to recover, nor expressed any anxiety for it He was anxious, for some weeks to got to the Senate chamber once more, intended to exnren his views on the subject of intervention; but this was denied him. He has left dying injunctions to his countrymen against all the doctrines and measures that would involve the country in foreign broils or in domestic dissentions, and is ready to depart. f#" Rev. Mr. Littlejobn of New Haven, in his lecture before the Arts Union, remarked that the first piece of eloth ever made in the United States was manufactured in Hartford, Coon., by Jeremiah Wadsworth, in 1700, and that Gen. Washington wore a suit of clothes made from this cloth. Original papers. Reported for the Ledger. I An Abetraet of the Trial of Joeepk B Siamet and Henry If oyer, for ike murder of Saml. A. Gary, held at Monroe, on l/turtday of the May Term of tht Superior Court for Union County.? Hon. J. L. Bailey, prttiding. The State Docket to this term being made up of such weighty cases, it waa thought advisable to auapend all civil roattera until another term. We may properly atyle it a Criminal Court. On Thuraday, the day appointed to begin the trial as above atated, the prisoner*, at 10 minutes past 9 o'clock, wore brought into Court. Col. D. Coleman, Solicitor, assisted by L. Thompson, of Lincoln, and Maj. 8. II. Walkup, C. 8., of Union; conducted the prosecution on the part of the State, and J. W.Osborne, (and S.N.ilutchinson,) Thos. S. Aslie, Wm. Lander and C. T. M. McCauley, (or the defendants, proceeded to empaanel the jury to try the issue. This preliminary required 2 hours and 85 minutes. It may be right to observe in this place, that in North Carolina any number of juror* may be summoned in a capital case, and the Defendant has a right to challenge peremptorily 35. In the present case 100 were summoned and 84 peremptorily challenged. The following were sworn and em panne! led to try the issue. Chas. Dry, W. 8. Osborne, Joshua Sikes, John Elliott, Jeremiah Perry, T. C. Wilaon, R. W. Hoc rest, Caiy Tolboo, Henry Bivera, Addison F. Moore, Eli C. Uinson, Asa Rogers. We will not pretend to give the whole evidence, word for word, m taken down, although we have the notes of Mnj. Walkup aa weil as oar own. Oar object mainly is to give a chain d (acts by which a fair understanding may be bad of the whole affair. lfrs. Mary Gary, Miae Sarah Barker, and Wm. Griffin were witnesses for the State; and from their testimony we draw the abstract of the affirny. On Mooday Evening, the fth of Febru ary 1812, a crowd collected at the hows* of Samuel A. Gary, at different timet through the evening. Danl. Plyler wm there when the others oame; ha Id bought Gary's land. Hsnry Hayes ami Henry Belk, hnd snch lost n sow,aad wen wore loosing war mmm. ??M? Goodwin Hamk, Canrdl Btirow, mm Goorgn BIA?<iM hod ateppod for tin pvrpcMof fCttfof ft qwrl of Kqwr; o more property, Bmm wanted to trm thorn wKh 1dm. Hoym wan drtaldnj whon fooiat; hodHqoorwith him; m oppooiod interrupted. Ma Gory ordm ?d him off* or to qnit hi? load talking on< - toM him his sow wss not there. He re- * 1 plied this is Dsn Plyler'e place. Mrs. h ? Gary says, "Mr. Plyler^f this is yoor place a command the peace." Plyler says, "Boys, a t you know where yon are, yon are all at i< h home." Mrs. Gary said|?be would return e 6 every one if they did not go home.? J Hayes cursed very violently. Bam went ta h to them. Plyler says, " Boys, you are at o i home." Benaou Stsrnes asked for a quart d a of whiskey for his hands as he came in, w " bat said he had no money. Sam said be a might have the liquor, if he never got the h money. Dan Plyler asked all in to a ei treat, and told them to be Mends. Hen- m , ry Hayes and Gary then differed about K a bat. Sam threw bis bat violently on w ' the floor and stamped it. Hayes told him ai ' not to do so. Sam sayu^ " do you take it up ! if you do. I can stamp yon." Hayes tl p went out and told bim he oould whip him. 81 | Flyler prevents their fighting. Hayee m challenged Sam to eroea the fence, if he fel ' came over he would kill hira with a rail, 01 or piece of plank. Sarah Baker and Wm. al , Griffin prevented a fight. Plyler calls ot | them back and treats them. Sam seem- tl ed vexed and insulted at their coming ' back. Sam and Hays kept quarrelling? til Mrs. Gary endeavored to pacify them? fii Sam takes his knife, and lays them ft> on the table. Hayes was sitting by Mrs. se Gary, and he sprang at Gary, and was pr thrown between the bed and cupboard, Plyler and Griffin part them, and then th Benson Stames strikes Wm. Griffin and ce shoves him against the bed, saying it was C< well he (Griffin) gave back, or he'd have M touted the ? whipping K ever a man had. Sam says, 44 Who is gc that going to toat a whipping t" Mrs. Ga- n? ry says, 44 Not you, Sam." 44 It is Wm. w: Griffin," says Plyler. Sam says 44 Wm. Griffin has done nothing to take a whip- to ping for, and if any one is totake a whip- J< ping it is roe no sooner had these words cl came, than Benson seises 8am by the hair y< nnd tore out a handfull, and tore his shirt cr off. Mrs. Gary got betwixt them, and ec with Griffin, Plyler and Sarah Baker, par- yc ted them. Sam held Benson's sleeve.? lit Sarah broke his hold loose, and Benson ci was put out and the door shut. Sally bi had put Gary's knife in her pocket, and tl he called for it, but she would not give it a] to bias?be ptcka up Plyler's gun, which tl ' was lying on a box; it was taken from him U ' and Mass Sally goes out to hide it; she h> 1 tries to pacify Benson?Snra is inside y< ' and Benson out. " Benson," says Sam, Si ' 44 if you did not mean any harm come in tl and let's make friends," Benson replied, ? * do you come out, Sam." Flyler push- ?f ed open the door and let them together? pi Sam went to the end of the porch or shed cii where Benson was standing. Mrs. Gary B saw Benson reach his left hand into Sam's ? hair, and Sam took Benson by the collar th ?they scuffled to the end of the chimney, of out of her sight. She went to them di- th redly and saw Sam on top and Benson ol not moving as she heard Sam say " Ben- a son don't cut me! Benson don't cut me!" cu quick as he could say it. She stooped and el took Sam under the arms and raised him h( ' up, at the same time heard a knife rip, V and said M You are a dead man, if you tl 1 only knowed it!" and he said, 44 Oh! Ben- b, son, you have killed me?you have let bi my guts out!" She called for a light^md H there stood Benson, Hayes and Plyler, n within three steps of Sam, but she, with* h< out assistance, got Sam into the house. tl This is simply a statement of the affray yj as plain and short as could be gathered d from the Evidence, and it is not Decease- tc ry to state every word of the several wit- V DM1M wtin An nm wrr n ing tact#. c, As soon u Mr#. Gary got Sam into the m bed, the sent William Griffin for Dr. WO- tl , Kama, who lired about 8 miles off. It wu nearly 11 o'clock when he arrived.? pi i He did notthink Gary could stand an ope- gi , ration?thought in a little while he would ol die. There was a wound from left about- H der blade obliquely to the spleen, below ^ r the short ribs?cold clammy sweat?proa- jr ' trate?wound in leg deeper at lowest point t] than above, and cut up?whole wound ? , turned out and made very ugly?another i wound across the thigh behind?1-10 of g ' an inch deeper would have divided the ar- n tery and bled him to death. The lata), y > or death-wound, from left short ribs even y i with haunch hone, curved up and out at n ? navel?-came about opposite oo right side * i ?had every raasonto behove he was bleed- y I ing inwardly?there was an abrasion from u I shoulder to hip like the jaws of n knife, b i parallel and deeper on the outside got * , weaker and weaker until day-Hght, when * I be died. k Tl>a il * ? a kMi ihuw4jm ??? ? r loolloo, ood kmad tbo txtmrj 1?ritog to t tbohidoof aavcrod; kmof bfeodfroMthot J | ortovy olouo ooiftoioot to comm dooth. 1 Dboetly ofttr Dr. WBHmM wool in, Go- , * TJ Mid bo wfabod bo bod COM 000*0 4 i bo thought bo bod HwKI bio doolb- < round?too late to do him any food.? In. Gary was abasing Hayes and 8tames a the cause of her sod's death. Gary ays, * You needn't dispute anything about t; for Benson b tames is the man who killd or cat dm." At this point of the trial, the State's Ah oraey said be could close; but there waa ther testimony, which, if introduced, wonld tear Benson of the charge of murder, and rould convict Hayes of Manslaughter? nd as he had doubts of Benson's guilt* e wouia propose a verdict of Manalaughtr for both prisoner*, leaving it with counJ to accept or reject the propoaitioa.? Er. Osborne submitted to the verdict; hieli was also agreed to by his Honor fed the Jury. The Jury empannelled and sworn, find ist the prisoners at the bar, Hayes and Barnes are not guilty of the felony and urder as charged, but are guilty of the lony and manslaughter. And the prissier* being asked why sentence of death lould not be passed against them, thro' le of their counsel, Mr. Lander, prayed leir benefit of clergy, which was granted. Dan Plyler was then called in, and teeled that Gary caught S tames by the hair st in both fights, and pulled him with rce to the ground, and that he had not en Staraes with a knife, and that Hayes evented him from parting them. Several gentlemen were called on to give e general character of the parties conrned. Among them were Col. Huey, >1. Stewart, Hugh Wilson, Dr. Williams, aj. Hart, John Stewart, Esq., Mr. G. Mcain, <kc~, who all testified to the general tod character of the prisoners, and witescs, and the conclusion was, that it as a drunken frolic. His Honor then required the prisoners > rise and thus addressed them : " You, w. B. Starnes, stand acquitted of the targe of murder, but I greatly fear that >u are guilty of one of the most heinous iznes known to our laws, and if the prefuting Attorney had insisted, I believe in would not have escaped with your ie. Y ou may thank your Ood that the ise has taken the course which it has, ut for the clemency extended to you by te State, you might soon have had to ppear before your maker to answer for ie crime which was alleged against you. pon your conscience, Henry Hayes, a eavy load of guilt must be resting. If [>u hod not interfered, in all probability, amuel Gary might have still been among ie living, I have had a little experience -I might say, experience in the criminal rairs of our State. For 9 years I was oeecutor for the State in the 6th Judial Circuit, and since 1837 been on the ench, and in that time 3 cases out of 5 -yea, I can say 4 out of 5?nearly all ie State cases, had their origin in the use ' strong drink. I am compelled to say is has been more common in North Carina than elsewhere. I hope this will be warning to you ever to abstain from ibis rse of our land. (Hayes promised nev to touch a drop again.) His Honor >p?d it would be no, and continued :? thereupon, it is considered by the court lat Jos. B. 8tames and Henry Hayes 8 marked with the letter M upon the rawn of the left thumb, and that Henry [ayes be then discharged upon the paylent of the costs of prosecution, and that e enter into a bond, with good surety, in le sum of $600, to be of good behaour and keep the peace towards all the tizens of North Carolina, and especially wards Mary Gary, Sarah Baker and Griffin; and that the said J. B. tames be imprisoned for the space o&ix ilendar months; to be bound in the Bke mount, and then be discharged, upon ie payment of all costs. At 11 o'clock on Friday, the Sheriff roeeeded to execute the sentence upon Lames, which being done in the presence r the Court, he then bound the naatd of [ayes to inflict the sentence when Hayes used his right band, saying, MI appeal to leaven, and call God to witness that I am moceht; but I take it freely?I love eref body." The whole Court, Judge, jury nd officers, burst into tears. The Sher i wm riwiii uie iron w uppy h w m and, when the Judge amid M Stop Mr. heriff! 1 hare strong doubts aa to Mot uui's guilt?but Mr. Osborne, I will bear ou.n Mr. Osborne said, w May it pjossQW our Honor, I hare oonrersed with this ran, he is the moat amiable mas I ever rw. There is the least harm hi him of A men I erer conversed with. I hope ou will pardon him." His honor replies. Untie him; Hayea shall not be branded at may pay fltft iaatead." At this the rhole eourt wee eewimbed; young eei eld rere in a flood of tears. Hayes wm dfcharged and Wlsmss ?aailiii to prison. for the sheteh of this trial I asu iadebtd to the Sharif for a seat at the Bar,?nd Jso to Mrior WaOrap, who Madly forafcfcid hie notes. Col. 1 M. Stewart, the JUtk of the Court, officiated on this occar MOD, m Mr. Hotttton ?M TOTg a OMO% jjdto him I bM* i*re. Cwtoi^