University of South Carolina Libraries
Pbt Nrw0z VOL. 111.] WINNSBORO, S. Ca, SAIPURDAY, OCTOBER 13, 1866. 110 14 PUBLIUHED EVERY TUESDAY, THURB DAY AND 5ATURDAY . H Ga2ard, Desportes& co I a Winnsboro,' S. C., at $6.00 per an. num, in advance. fHE FAIRIELD HERALD, I UBLISHED EVERY WEDNESDAY MORN ING, A $a.00 PER ANNUM. Oharge of Judge Alduioh, GENTLEMEN OF. THC JURY.-I ad. onish you to bear in mind the circum .4tances by which- you are surrouned. 1 call upon you to recollect that the law f South Carolina is now what it always has been. namely, that the negro shall bM prot+cted from violence offered against 'is person. Ib has been a law o. our ';ate for many.years, that if a negro is asaulted, the porty committing the as ault be punished; and if the life of a iegro he taken with malice aforethought, Ilie law has always regarded that act as iiurder. It i4 therefore no naw thing that n man should he indicted for the killing fanegro. While informing you that auch aUs th ways been the law of South Carolina, '. admonish you to avoid another ex. %t reme Do not allow yourselves to be in .uenced by any excitement, because of 1.te'peculiar condition of the society which now exists. Let us mete out, justice to these people as we have always <!one. Let us not be unduly prejudiced for or ag inst them. . In the present in 4 tance, let us view the case according to the facts that have been detaihid, and lie law as it shall be atwounced. -- There can be nd dc.nht at. all, that the irisoners at the bar killei the negro, John Counts alAw. John Dawkins. It is very probable that this .man Coun a was one of a party, whd bommitted the ,post brutal and atrocious murder of an iioffensive man by tife n4me of Lemuel L ane, in Newberry, and robbed him of : large amount of gold and silver. I have no doubt the prisoners knew that I hicrime had been committed. They heard acc(dontly, through a little yellow* hay that the deceased was in. the r.oad near the Asylum; that he had asked t he boy to' show him and his companion the way to the Charlotte Depot, and had given him a quarter of a dollar; and Ihat he had in his possession.a large bag of coin. This liule boy had Informed one of Lie witnesses of these facts, he immediatelV went to Starling and Pope, and gave them notice of the decutrence. These two men fot:a |fect.ly legal pur. pose, papAred for the *arest of the no gro4 The only difficulty in the case, gentle men, Is whether they had any riVht' to arrest this negro in the way they did. That they had a right to arrest him, I have no doubt. They had every reason to believe that he was one 8f a party, - if not the identical man, who fad slain and robbed this.qld mn-Lane in' Tow. herry. They pursued. and came upon him and killed Iim. The question is, whether that was an excuablo homi. cide. - I thihk that thelaw was properly stat. edto you, when you were informed thbt an' officer armed with a warrant for -thie arrest of a person accused pf"felquy, .ha~s no right t:o take the life oE the accused, tinless there is such resistancoe to his au * thority that thle. aotgecomes absolutely nees .But eferyo;twen has a r*hr, .wheeqeonyhasbeen omited, sto arrestthe :elon. The ':enly dif'erence bot4m and, thetoioee Is lims, thaF' it hp ttifta to arree( a 'party' acguse-d scensed with tolny, pbt beppg :armed authority, what .eves & lie '. does is ni his owns peril. if it be proved that the aresse isnpif#os, .then is the p hof a breach of the pesc, afd prdessof the arr.es thefcebed ..?fled, tecltiseri be somes der, If on the. oth er hanalspesthat, this per.y . .takarAsqd'auhmself a nrdoter and wad killed In the sot of strest, then the qntitob "esp whesb. degree of guIlhihhall .(a4)h to th~itisn ~ jwhas beei read ~y he lgarned o'n,.i 4Ah. i4 so ablyi 4 ns. alously utt eqqnfe m g wi that ihe f . -w10 ila partie thejury. to allow every man, w1io hears that felony has been committed, tojudge whether there is a necessity for him to arreAt the aupposed felon, or to take his life. If this were allowed, there, would a great number of cases of murder which could not be reached at all. Such a' privilege might be made an excuse for a crime unparalled in civilized society When an ofAcer of'the law is set forth to arrest a felon who has shocked hit manity by the enormity of his offence. he is compelled, by the law, to be can tious how he takes human life. He is not authorized to do so simply because .the felon. flees. But, when private citi sens undertake to arrest an accused par. ty. although the motives may be per fectly praiseworthy and is to be encoura ged, they must be. extremely cautions how they shed human blood, because they take upon themselves)a very high responsibilily. They take all the risks and all the conseqnences. * 0 Now, I hate no doubt that the pris. oners at the bar, acted with perfect con. scientiousness in this matter. I do not think they pursued that nngro with the hope of reward. They were simpiy in forned, that a horrible murder had been perpertrated, and a whole family thrown into distress; and under the generous impulsp of youth, they went forward to arrest the murderer. It iti for you to say, whether they exercised in that ar rest, a degree of violence which was not warranted by the law. It is for you to say, by your verdict, whether these young men, in attempting to make this arrest, were authorized to judge, whet.h. er they i ould take life, in order to stop the ma. who was running. I do not 6Ad fault with the learned counsel, who, so forcibly and eloqnently has urged that a jury h4ve the r ght -to judge 'of the law and the fact. I think it likely that the 9ld barons of England, intended in their Magna Charta, that the jury-the peers of a man should possest ihe right to judge of The law and the evidence; amid that when they wre;,eed that,charter from the tyran. nous King, they invst,ed the jury with ts privilege, But, this is not the question. The question is, what is the law 'now ? It has been decided again and again b our Courts, that juries are not the jdes of the law. Juries are judges of the fact, and tr.ey must - take Lhe law as it is expoundedby the judp. That is the rule in South Carolina, which has prevailed for many years. Now gentlemen of the jury, this case is. in a tery narrow compass. Was there any necessity for this young man to kill ihat negro? If there was a no. Dessity, did they hayq any authority simply as volunteers, to shoot him down in the road ? I think it my duty to amy Lhat ihit case ianot possibly be mur der; and hence, the poink you are to de. oide is, whother these citisns commit Led an excusable homicide. If you ohoose- to rendet.such a verdict, you hAvO the rigbt, to do so. But, if you do iot come to thati conclusion under the law which has )Ieen expounded by the Dourt, you will btihgii, q, verdict ao. :ordingly. I say to you, ho*ever, in conolsion, that you have a right under al the circumstances to bring in.w ver. lict of not g6ilty, if suA should be your decision, and with.thke6 rematks I leave the ise in your hands. The jtiry then retired, and as was st*. Led in a- former'issue, after a consulta. tion of three fou,rht ofAn hour, rendered 4 verdict of ohot k1'lty " - Meaur&. starling aRd P->pe, then re tired an.h4 thf congratlatilons of their friends and of the larg- audience who Oiled the court room.-C.aroiniam T'um,WLb,* 9oP GOL -. T733 UN?RD BiAv*s.--The Londoe &Ree has 'the atedux of gold ,to. -the Unit4d i as oetisint*ed o,. a .newhat. feet,4:oet t tha et W p aIo af Ws A~dr4 -d a. Ihtestots are concerned, the renewal of the civil war is considered in the highest degree re mote. As we have already had occasion to observe, this belief is not only felt by Englishmen and Germans,- but has lat terly been shared by Frenchmen. The five-twenty bon'ds, whigh these ship. ments are madAo pay for, are aj eager. ly it not more eagerly, bought in Paris as in London uand Frankfurt. Not very many years ago, scarcely any f-reigin securities were quoted on the Fronch Bourse, and it is significant to notice how Seat on alteration has taken place in thf respecL Except on our own stack exchange, it may be doubted whether, in any other capital of.Europe -not even in Frankfort or jimster. dom-foreign investments are now so largely held as in Paris. Formerly, na. tive capitalists Would take nothir.g but the rentes; now, they are ready to n. vest in Italia,n, Spanish, Mexican (un. fortunately and muny -ther similar secu rities. Except, however, in rare instan. ces, United States bonds have been in little favor, and hence the significance of the present demand." AN EPISODE Oir TI GEnRMAN WAR. -The London Mornings Heeald's mili tary correspondent gives .the following story: A farme.j, living in a hamlet naar Possuitz, had a wife and two children, and such was the woman's terror of the Prussians, when she heard they were coming, that her husband, to satisfy her, placed her in an under ground cellar, with her two little ones. and built up the doorwav, leaving some food inside. The Prussians ontl'(ed the place, and, among others, obliged this poor man to accompany them, with his horse and cart., for a day's joitrney, as they said. But the man was brought on from place to place, ard at last, when he was suf. fered to return and reached his own house, several days had elapsed. On the way back he began to calci'lhtie how little food had ben left with the wife and children; and horror stricken at the dreadful thought that their cries might not be heard, his hair is said to have turned white on his homeward journey, His fears were but too real. He tore down the masonr.S, searched for those so dear to him, but only found three lifeless bodies, half devoured by rats. Reason left him by Lte dreadfil sight, and he is now in a hospital, a lu. natic. PTAL. CoHoPSiTIRS.-The Field and Fireside, published at Raleigh, N. C., has all its types set by female com pt)sitors. Speaking of the subject, the Field and Fireside save: The ladies employed in this office are some oIt,he niany in the Sonth upon whom the disasters of the war fell with a heavy Iad. They are all well edu eated and accomplished and belong to as good families as any in the city.' At four o'clock their day's duties end,- they then go home to dinner, are ready fqr an afternoon walk or call; and we doub* not that many a young gentleman, who, deoiring an evening among bright eyes, prety fices, good music, etc., is uuftn is. tonished (if not made to feel small, by his own lack of pOAting) at the thoroug ramiliarity .whict these ladies evince ity all matters - pertaining to current liters ture. He does not trouble hirnself to awertain where and how they read so much; it is enough forl,im that they can lead him in conversation upon almost any topic. . .-If these ladries deign to touch, with their rosj finger tips, the hat'ids of any of t.hiefigallants,' which we very much doubt, we are inclined to the opinion that winaya t'ime the men\tal ejagsla tion hasa#nggested' itself, "what fure white hands she has I" -It is not, gene. rally known that there is a strong bleachitig quality in types and printing offces; and that there is no business by wrhich one's -handa can be made whiter thab in a composing room. :.ipe~ huniared and forty applications hmaveheen received from negroes in Geor pa, '1enness~ee, and Virginia, by the Amefican :Colouization. Society, for Ianeportation'to ,Liberia. They wil kpnart 14ovemnber 1. AN ExHIDITION oF PERIODICAL LITERATURE.-One of the interesting features of the- Paris Exhibition will be the collection of periodical literature tiow in- course of formation in England. Newspapers, magazilles and pamplots of all kinds are to be cla-sified and exhibi. ted ; the isRues of the year 1860 only to be included. A i4imilar collection from the United States would be.us Jul, if for no oth,e purpose than that of comparison and suggestion. There is greater room for the improvement of periodical literature here than in Eng. land. At the London Exhibition of 1862 the royal commissioners showed 'a dis position to exch.le literatury prpduc. tions, but the French plan contemplates representat.ions of modern society in all its forms, and expressly invites contri butions of each newspapor, review, lite rary, artistic or scientific journal, maga zine, tract, pamphlot, or the like, pub liehed in Great Britian or the colonies during the past year. Even street ballads are to be included in the collec tion. GREENBACKS NOT A LEGAL TENDER -In the Circuit Court of BAhimore on Saturday, Judge Aln_ander decided the act. of Congress making greenbacks a legal tender unconstitutional and void, an assumption of power not granted by the Statesje their agent, the General Government, and the court in argument puts the iWportant query-cnn Congress tonvert paper into gold and silver ? An -appeal from the decision will be taken. EXCMP TTONS.-The following is pub. lished for the informa;ion of the p ublic: Articles exempt from cxecution for debt, viz: To each family, two beds with necessary bedding, two bedstead ,, one spinning wheel and two pair cards, one loom, and one cow and calf; if a farmer, the necessary farining tools; if a mechanic, the tools of. his trade; the ordinary cooking utensils, and ten dol. larR worth of provisions. [ Statutes of S. C, Vol. 6, Page 214. Sci,NE AT A 1ADIVL MI,ETING. The National Intelligencer has the fol )owing: General Cameron, in speaking at the late Harrisbnrg mass meeting, seeing General Knipe in the crowd. said "11bere's your post master,* Jmf Knipe. I made him general," and no aooner had he uttered the words than there rung out, in h clear silvery voice, from the audience, "You are a liar I I was make a general while fighting the- bat tles of my country, while you were at homA spegilating in male contracts." It was the voice of the gallant. General lCnipe, and of course there was a com, -motion. A rush was made by the roighs at Knife, but he defied them and kept them off. The Philadelphia papers come to us with this paragraph: A DyING CHILD MURDERED -James Williams. sixty Aix years old, living at Fifth and Redford -streets, on Tuesday iight, it is alleged, took a little child, five years old, from its bed, and though the inocont babe was dying, kicked it brutally about the room, so that it speedily expired. Now if this had occurred down South, and the child had been black, what a bowl would have gone up thronghout radioaldom. YEttranspires that Butler gets $250 per diem from the Central Conimittee during his stumping tour. This sum, in additibe to trifles that tfall in his way and are easily,-secreted, keepa the ltoc tor quite chegrftul end cornfoet,ble.-- . Tbe Springfiel (Mass.f Union that "sensdialism, -it all its:mnoe -beastly and disgtlsting forms 'of lceni.iousnebs' atnd ptohigtcy, Is on taid ip.-rdse in. all our'Now:Egln ite aneI.Itwns', tnobody can bliok t&ouit of:llht. rihout doing violyce to, tIs)ctowle34obf a1pe certt,y. ADVERTISING RATES, Ordinary advertisements, occupying vot more than ten lines. (one squa're,) will be inserted in THE NEWS, at $1.00 for the Brat insertion and 76 cents for each sub sequeut insertion. Larger advertisements, when 'no contract is made, will be oharged in exact propor tion. For announcing a candidate to any office of profit, honor or trust, $10M00. Marriage, Obituary liotices, &c., will be charged the same as advertisenents, when over ten lines, and must he paid for when rA handed In, or they will no. appear. INFORMATION WANTED.-In 1859,. the.then Governor of Ohio, Salmon P. Chase, in the midst of a grdat excite ment growing out of an effort to. Cn force the fugitive slave law, taking the form of the arrest, by the process of the United States courts, of certain persons who had released the fugitive slave, -for whom writs of habeas corpus had been sued out in the State courts, thus threatening a conflict of jurisdic tion between the United States courts and the State courts of Ohio, laid down the doctrine of nullification.1 Governor Chase said: "I will only say, wiat l' have fre quently said before, that as long as the State of Ohio remains a sovei'eignty,. and as long as I am her Chief Exoeu. tive, the process of her courts shall be executed. -F -t 1 When I am called on to act, I will act." [Imm.nse applause.] Now, we wish to know if this Salmon P. Chase is our Chief Justice Chase. If this be verily so, and Governor Chase and Chief Justice Chase are one and the same person, we cannot but think that the trial of Mr. Davis before Chief Justice Chase willbe a very awkward affair. -low will a ntl lifier try a secessionist I Wo can readily imagine, when the c6unci, )t the acnsed justifies the groun-1 of the sovereignty of the States, that the Chief Justice will feel that his p). tion of presiding 'Judge is h N! embarrassing. We are -iios ti !01r1 what weight Chief Justice Chazise will give to the opinions of Go(vernor Chase on the question of State sover eignty.--National Intelltgencer. INFO M ATION.-The subjoi led para graph may be interesting information to a Welshman, but we can't translate it: "Crwdglmpes Ap Thoma, the Welsh bard, is coming to this country. He will be received by the Llwgimnramstrath of Philadelphia, and his performance o'n Q'hmdattrurgw#1yn, or Welsh harp, will be the n itnteresjing musical event of ihe) season. He is a.native of Melgvsrnwb.twith, andWis father was the illvei.r (,f the Brnwr.w Cymret gggllwust. Muv.u r ri-s or, Tnoo's.-The recent arrival of two- or thioe id'd.tinl regi. mts of United . Stat rozidars at. Wasl*ington city, has create(t apporent alarim rong the ra4it-hs. Thiq itff!ect to believe tht the President comem plates a coup d'tat on the re ussemb ling of Congress. NRAr, EARt.v.-Genera Juha A. Eal'y will spend the winter in Tor onto, Canada WVest. He has completed his histqry of his valley campatign, and has it niow in press- It wvill be issued in a short time. It is said t,o be wnrtten in good style. Coniigderahle feeling is exhibited through out Georgia just, now on the subject or repu dliat.ion. It Is thotught that an effort, will be made at the meset Ing of the Legislature, in November. to relieve the people fronm payment of certain debts contracted during and p.rior to the late war. The pleas urged for repudIation are the loss of slaves and the.failurqe of the cr ops. The amount of p roperty returned in the St.t for 1886 Is. $200,000.000; in 1860, $620,822,777 ; loss to Sftate over $465,000 000. - - The Parie Chtarnvori has a picture of the Atlantic Telegraph Company. The -, telegraph.; "W hat in the duce is the meaning af this ? Dog ? a-despatch dat.. ted Dog ?" "W hy, you see, I did not want to say Newfonmndland, because that would be $15, so I wrote Dog to paVe $10."? A class of young girls being examin ed in polcal economy were asked, "How ma Congress divided ?" With an air of"confidence a sweet: i ed and Savage. Gen' Grant's pay is $1.078 a year, and -Liont. Gen. Sherm~An's $13,518. Each iilowed. fif-y horass. A major geneit1 gete $5,000 a year, aui ja *1l lowedi fie hofses.' Thel pay' O bt'b dier is *3, 940.50