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Our! work compares t'avorahly .wilji \lie same; class of work.exeou.ted anywhere, t'.ud. i?; always putat the lowest livitij; Kites. , Wednesday, Jan. 17,1877. i 'i'lte ^LwvafiesviHc Case. Till fell Usfe tii8 Mow Of; le Gallows. . | <A4tE EVIDENCE WHICH IJlUJiUS; CONVICTION. AN ABLE,DEFENCE AtfD A VIO-I QRQUS PROSECUTION. i The eTuclgo'cj Charge. j What/ tho Jury Did on a Si-iiJay! Morning. j The Penth Sentence. . 'I'lxi r,f f l?i f nviw?f>svilln ! .1 UU III it I Vi V?? V . . v . . case, about which so much has boon faiil, took place hero beforo Judge Cooke last week. Tho fate of the J popular young u.an who was the j victim?tho ^un-.ber cf iho accused j ?(fourteen,) r.nd the exlraordina-i v , ? i ry ami appalling circumstances olj the whole transaction made the case interesting and exciting, even beyond what is usual in capital cases.) '2-iie trial commenced t'Yuiay i;;orning. Tho jjtulgo charged tho Jury Saturday evening and the J ury returned their awful verdict as the gray (jav.i: was breaking en Sunday looming. Our new Solicitor fleshed his p'aid,u;i sword, and ior the Grst onslaught went .deep. Au has been sahj, ho ma?c a "ten-strike." lie showed tho coolnoea tu<d res<jlijioss and ability of an old stager. The prisoners had employed no courasel. Tho judgo assigned them counsel' and they had in all rcspecia. a fair' ti W, and had an earnest ablo and eloquent defence. It is highly to the credit of our bar that any one accused can get hero an earnest and fa^hful (icfoncx), uo matter Jjow destitijto of means or how steeped in e/imcs ho may b.o. It is a contribu tion to jus^ico. It is ovidenco of a high civilization, and is honorable to all concerned. Any charge that .this people will not render justice to an}* class of tho community, 1.* .thus disproved and branded as false. fp|.^ ..ir.A.irt \%L1 Oftl/lAf Afl < liAJI* Atrii .1 I1U ovivyivu UlVlt V?I i; uuy, which was a very intelligent oiio. Jt was composod of lour white and eight colored men, and it is greatly to the .credit of tho letter that they concurred in rcuchin^ :i verdict, according to tho law and tho evidence, without any urcjutiiuo of raco or color. ,.Thc following evidence, wo bei Jiovc, brings out all tho important J'acts brought to ljie attention of ^.ho Court. Wo would givo'thc ovidenco of a|l tho witriescc? if wo had ^oom : T. G. BAKER, sworn for tho State, Bays; Kometnborson evening of -1th Pooombt>r Inst l>eing at home, in eftrly part at Lowivlosville; left at 11 o'ol.wlc; wont in ttiroctioii qf Col. harper's ; at PresbyterIan einirch, iti the incorporation ?. ! howmlesvilloj wero lired on by persons in ambush; lightmoonlight night; wero trotting aloiifj anil discovered persons in front on left of ro^?l, soino behind trees; called Allen's attention to them ; hoard some one say "stand youi'groiuid, l>oys;" stopped about twenty yard* from nearest; lioard one jKirty say "don't lire; about . * JJiat titno shots were tired; lirst one shot and then a vol ley: first shot, shot gun or iniisket; witness horse whirled away; Allen was kijlcd ; witness slightly wunded in neck ; wiluerffl' horse threw him l."? 'or 20 feet back; thrown on hitt head; w;*s struck lirst; while on ground Allen's horse without rider; Allen killed (load ; Vvitness ritji buck to Lowndesvillo; can't say whether other .shot* were liml; thought jntrty vMio said "hold your ground" v.asvoicoof Hutson Cozhv; did not rocognizo other voice; knows ifutson and William?brothers?went baek t< Lowndesvillo and got his gun and some citizens; went back to where Allen was; did not lind out any of the parties; did 1 not go iil^afOh; remained at Lowndesville. ' Oross-oxaininpd.? Livo 3 miles from Lowndosvilte, north-east direction ; not on main Anderson road; explains localities in diagram ; was on road to Harper's Ferfy ,-road runs oast to west; loads to llnrpor's Forrv on Savannah river, 5 or <> miles; not goiug home that nj^ht, at the time; Clayton Allon wjw with'witness; he lives south of Lowndesvillo;'neither on road home; Osborne Khodcs was with 'them; ho is a colored; is a calaboose in ' JxnfndCsvillo; i n m it|d le of street between j Ijatimer's and Church-; were on horse- 1 'back; Osbofhe Rhodes on' foot, between ' witnC3&aj)d'4ll6h; got him in calaboose; %as'fli confinement under process from 1 I'rial Justice Beckham; witness not a constablo; got Rhodes out of calaboose; ' doOfWas unlocked by Mr. I'ritehard ; no one' elso there; all went together; took 1 Rhodes out. laid a rope| witness had it; J luadp otSort to tio him '< did not do so; sai'l ' tie v/oul'd go without l>cing tied; told him ! they \vere going to tako him to other side 1 of river; would protect him; he hallooed loud; said "O, Lord," <ir something of I the kind; mounted horses at shop near i cnlaboowo; started oil'at trot; toldOsborne I to run; was between thorn when came up 1 to men; supposes neurit was 15 oj- 20 1 yards ; was armeu wnu pisioi; aiiwi nmi i gums; no pistol drawn in calaboose;11 lthodftR was tojcl to quit hallooing; pistol I < Iiot in bfer.d when riding oil'; di.l not lire pistol j;did'nor lire; pistols wore . loaded when takon off; had not beenshot; ! knows no shot was lived by tjiem ; some Jlttlo time between the words spokon and i the tiring j words addressed 10 those in I the piurty who fired; uftor 11 p'clock; not , ldto Jis half-past. * < Ko-Ciosh-cxamined.?JS'ipht of fth I)e- 1 certiber after Into election; some excite- i thent in younty; Osborne .Rhodes was a J Mtraiiger; fudd ho eamo from (Georgia; ? objoetod to?had'heon making thrpat*, tis ( witness hoard; did not draw a pistol op i Khodes' weje going to take him from Community and take him buck where he .s cmne froiij j not intend to do l>odily I Jiurm to hnn; knew lie was mpjjred to \ Kive bond to keep the peace; was put in calabooso to giro bond. < -The testimony of A. J. Speer on the Is Colon or's inquest and preliminary hcar.ll I in? \v;h introilu.'otl aiui m!inittr<l !>;. ? on i U. S. KKCK 11 A M.Trial J usilre ami act-; innCoronrr, hrl<t imjuo-t; knows Osborne Kiiuil?,s>; knowy.-ljcro liowin-' from; j lam*- to l.uwiulc.ivilji.':i!.?oul Ma.ti ii; was j anvs'.i;:! tVxi- Vuvui'U ? !' t!u> pea.-o ai'il rc-j ituiri'tl to ImikI, ami was put Ii.xisc t<> uiak'* Imii liorp 1 Tn^ i t'> :'? ! up a <liis< ul?\- v. ill; pr.Vpeor alont j a settlement; witness inter t'eiv.i a1- ? jH'tiee offiwr and committed liim for default of. !':ii! Ith pwi>ni)?(*r, l.v7D'; wasat I.owiuliv:-i \ i I if il>;il ni^lil; lr.it I gout* to ; wasiu-j fornutl of Allen's death; went tj'.fvoj. found S'iiikj ' persons there; none of tjjwso | v. ho killed; sent oiit eourier.s for \?ci.ir'i- ; I?oi>: (i. cinm' in Ilia', uiu'lit ; was a.-.u.ufclied j ;*.t tli?* tiiiii!;: did not know* w'v.t was <jo-j itttr t?> lied-me: ni?yi leornii. vc'.ssne.l war-: rants avail's!, partie.; si'sjieeied; William .fohihon proposed ' ? i;iakeaeieau l>;eust; ?kiU l.c \\ ;is i*fu %:u am?l; no war- i rant issued; refused (<> hear hisstalemenl;; jiiin to ii'iikf it in Mr. Latimer, l?r.| Sneer 'siml .'ames Latimer; know*! that he "bad cosv ersation with others; sev-j era I confessions, hut not to w itness. ('rows- t'Nniuinal ion.?Only Trial .1 usi'ce : in I.' >\vinl"sv11!i ; Ithodes was in custody j of lav. i.- calaboose; belongs to town, but; witness uses it as place of conti:;.;-iHcn( ;j in. cu'.ahoose, under witness* orders, J, .f.j .Vo. eley arrested Osborne Khoiicsas ??!'!-1 Moseley put him in cakd)oo<;;* luruivl j io him l?y witness; brought tip about II' o'clock 15. M.; v. as put in calahoo^e.al'out i 7 <'r S I'. M.; allowo?l hkn till,that time to j try and get hail; has no personal know I- J edge of iiis being iu calaboose ; not taken \ out by witness' orders; gave uoauthoril v j to l'rltehard to U'.ke him out; witness Is! intcmkint of town; key is kept l>y -Mose- j lev. l{o-crors examination.?Cou.!d .not serd < him 1c .i til from distsmce: very Cold dhy and k.pi. him custody by lire: omJ of the j pri.innoxt' ,?vas around ealal >o?'.so several j tniT*s thai Jay?Whitcman Allen; Rhodes) was in calaboose in day tiuie ?l>out 1-1 o'clock, lit-, n taken out and kept till 7 oa* 4>j o'clock; v.as in perhaps 2 or 3 .hours. TIlo.VAS Y<J L*X<? lives near Lowndes- j ville, oiro inilo; not there on night of ilh j |)ecet:>ber; was at this place; got thereat I ' ' ' ?- I l-,.1 IV.. 1 - oeioeic cm uw ..>ui ; itm wim-.u :i>m u j.<i. i I leek bam to sco John Jliu toji,oneot'pns- j oner;. : took liim out, reeoiycd ItH'ornia'n ; | \voj.'.t to Abrain Allen ; ho told tvitness lie v :i*s there; used ij.idueonicnts to anal-: c ' liiiu toll about 11*0 matter; wont toHlij ilenter; lold him ho wanted tho truth; it was 'host to tell the .truth,' 'not a story ; not j an olUcor now; Eli not under arrest; s;ii?l j lit; Would toll; iraye tho names ot* parties j with hii?i; said hov.jts present; said Win.j Cuzby, l'otor Co'/.!iv, llutson Cozby, I'am j Cozby, Joh.u ljiirt<?n, (lib burton, Homy j Kenton, .Jonk \Vhitncr, Sviy. Johnson,! Carey Allen, Capers Allot), John Allen,! Ahrain Alien, t\l PriiU'O, Edwin Prince, Sam burton n.nd llunry Jiurton were* then. . said some had trims and some pis- j tols; said he had a doiihle-b/irrel sliot j t'lin ; said Henry had h's IHImt's pistol; j some had army Vims; Abram had no i;iin j au>l an;.I Iter, name not remembered ; had j eoiivi r;viJoi< w'th Homy burton anil other prisoners', sxiuo day and we.>k;| then in custody; Eli's j^in va; hea\ily loaded; s!e>t it oil'next day; found it] loaded with balls and slu.^s ; said ho had i shot il oil' k<vico and then if. w.is loadod [ up a^ain; other oonfossions also" made; made i:i a room in Uaskin's house; made by all purtios except .leak Whiutcrand ; Unison, u!.d I'am Cozby, who worn not j j>ro!:ont; ail said they woro present at the j Killing of Clayton All/'n; witness saiil j toil mo if you yoj.e present; all said yes,! and w;rc sorrv for il; did not say any ! ild'o; lhat would iudueo them to make it;! thinks r.on Williams was present as guard; Wash MetVo'd, eolorod. also ooe;i others, also, not now rontondw-rod. Eli) Hunter told jvho were present; named I s.imo parties; :yud were armed with army | iruns, shot gun* and pistols; Abram Al-| Ion and xnother h:.rd no art/.s; also had j clubs j saidnllshot; prisoners are parties) witness saw iii guard rooinajtd named by 101 i. HKXRY VALENTINE. About ono hour and a hrlf by sun passed cabin of| Johnson ;ka-?v 1'oter CtY/by ami ho asked | if witness had heaid the news; said they had Us I Kir u Rhodes hi calaboose and they wero going to try to get him out to-night; will you tome and help us? Asked what would I coino; I suju y^s; ho said meet at Cross lloads to-night and bring your gun; went home and got supper; took j?un and started ; just then John Allen cair.o and they went togctho; to Cross Koads; saw no body; hallooed; some body in cabin said come in; I said no, 1 will go a little further; went to Whileman Allen's house; passed (ho Cross Roads Oiio hiilo towards Lowndesvillo; no!tody there ; door locked; stood in yard waiting for half hour; John Allen not door open and wo went in'to"the fire; shortly nftfcr cat no Asbury Allen, Edwiu I'rinco. Edward Prince, Capers Allen, Carey Allejj; saw' four pins on bed ; don't know if .they brought t.'ioui in, witness' nun was behind door; they talked a little while about getting Osborne Rhodes out ef ealaboose ; witness said they ought to no and consult Dr. Heckh:tin about this thing; no man answered; but said so again; Asbury Allen and I'M ward Prince said it was of no life: tjjoothers said nothing; said he believed he would go towards Lowndesvillo himself; started and went to I'resi ly's bridge, about ">0ii yards from Allen's met Whiteman Allen and Daniel Lee going back towards Whiloinan Allen's house; said good night'to them, turned ami. weat viti; thorn ; wanted to go to Lowndesvillo to lot Dr. Deck ham know ; said to Whitcnian Allen, where have you been ? said ho had bgc n oyer to Lowndesvillwlosoo what they could see; ho said did you gel in house? said yes, and he and John Allen went to tiro; shortly after, Win. Johnson, Jci^c Whitner, Abnun Allen, Sain Dnrton, Wm. Co/.by, 11utson L'ozny, L':;jn jjozuy, Jienry mirton, ami Eli iiuuter camein ; don't know what way they came in ; hut a short time alter they (jot back to house talked how they would got Rhodes out; somo said dip: him out; Risked how thick Avail was; Win. Johnson said 2 brick thick; Win. Cozbv said lot us go back ; began to go out and lclt the l.iQfjse except witness, Dan Lee and Abram Allen; don't Vn?W* which way they v.vnt; did not say where they wero going; "Wb'teman Allen, last of the party, wljiapered to witness, "am you gonig?" witness indicated "no?shook his head; whispered to Dan Leo and he laughed; witness and Dan Leo did not go; 20 or 25 minutes alter heard a volley of guns over towards Lowudesvillo and a scattering shot or two afterwards, and one litllc yell; then-at Allen's house; on Ilfti*itor's Ferry road; took shotgun under arm and went into yard and" listened; Imird running of men coming from towards Ltivwidesvillo j stood in yard till he thought noise of running was near l'n-.rdy's bridge, 300 vards from house, ami when got near hrfdgo, started home, got half way up l'ressleyV. hill, spied a man, heard him panting?Win. Coj&by? hailed him, he said did you hear those guns? witness said yes; no one else with him as witness saw, but heard others. Cross-examined.?Knew Win. Cozby well; seemed to l>e captain; did not see Osborne Rhodes that d:-y ; Win, Co/.by is not hero,and don't k:io?v if ho is in county; vas at preliminary investigation; Young asked him to go 3ml testify, ami was summoned; w as at homo when summoned; Young saw witucsy and told him what ho knew about it; was arrested as one or* the parlies :t<vr.sod Mr. Young cat in'for witness next mornimr bv him self; went to Dr. Jfctkcp'u store iuul was put in J>r. IJaskin's hoiire: thinks one of prisoners was there, but not present when others Haiti they wore present: no inducement hold out to testify; Whileman Allen lives '1 miles from witness' house; no one told witness if he would testily they would let hint oil'; not arrested, aiiil was not sent, to Anderson or Walhalla, and don't know who arrested other parties; Young ordered witness to go 1*. Lowndesvillo next morning, hut served ne process; witness went, hut don't know where WJiiteman Allen wont that night; he did not slay at house, and was last to leave, half hour or 23 minuses before heard shooting, and did uot stay till ho cnirio back, it ivas 5 or 10 minutes after othersloll iiofore iVllen left ; don't know which way he ivent; supposed heard guns lx>t';yeen 10J md 11 o'clock; inoott was houraiul a half Uo-diroct examination resumed.?AJlon isUod witness to go with them, and hail iii|0 to get to place of shooting; met L'honipsou Oliver uoxt morning v.-ho was ;oiji^ towards j-iowndesyillo, but don't cnieuiber what was said. JOHN r.l'UTUX, accomplice, lives at J VIr. Maxwell's near Lowndesyillo, and ,v:is at Ijowndesvillp lilt Docembjr; told i > jjo there by Wm. Cezby, who said they | lad Osborne Rhodes arrested; Wm. Ooz- j by at TiOwndcsvUle, and was tho' loader, but not.tit, WAllen'n 111 ?K i.I I nor diil ho 8ti(p there, nor wiw itin'rn a srowd in houso fy* witness passed, but I Vt'hun ho got to chnroh Ilrst man mot was 1 Putor OzW, al3o Win. Johnson and 'Jlut<on (V)/.i?y, al?>nt 1J hours in nivfht; Cii- < bert, Sam ;ii??I Eli Hunter went with witness, about halt' hour bel'oro others came, then Whliotnan Allen, John Allen, Oaivy Allen, Capers Allen,Eilwin prince. Win. Dozby, Pum and Ileijry Uurton and jink Wliitner came uj> after witness was there i while, then Abntrii Allen ran and saw ' Edward Prince, Asbury Allen was there, l, Johnson was present, at tho sl)??oting jind < ame up just at timo of liiiny, bred too; ' iV'hucss was there some tiir.o; Whitoman \lliA5i, Wm. and Petri" Co/.by went down 'troet to calaboose, and said wore ;roing to j lave C.|sh:<rne Khodc-s out, Win. and Polo? vent twice, at different times, Whitman \llen went, tint said jlhodos was not in . alnboose; whon tlie cithers eamo back ' laid he was in calaboose, and they told J iim to make himself satlslied a while anil i mr/iu: tr. r^^rri^rcrzczx^r^o*. i*ue >c*%e rr.*. I would take 11i;11 out directly; the crowd 11 said i hey were join;? to take him out, I*?'- j ( ter iV.'.by said so, a pun ion agreed and a 1 | portion did not: was present wlion Allen {j wtMshol; dii! not sliitot. As Allen and ' > liiikor I'ikIc up, IVIi'i* ("ozby said "stand ! 1 your ground, I>oys." Witness halloiyjd, "don't and as witness said so i'e- p lei' tired iiivl fhof, (lien " or 1 next 1 jim ! < lircd, :>nd kIC'i linii!? al! broke and ruij. j | Wti". Cosby told witness they had Uliodosl; iit calaboose, and though! liioy w?*iv going to kill liiiu. Witness said bethought not, iiJid iianicd who wpm going to meet hint ( thai night to take liimotil; witness said , he Would go anil see who took hint to kill J him or do anything with him. ' l 'ross-e.\' ti ied.?i>id not consent to break info calaboose, I?ut. .was willing to help n tiial nobody should lull him; crowd did not go nearer than'-the church; Henry ( ami <iilheri JVirion objected to lake liin: | out of llui calaboosc, b'utas it was not put . to vote ju? tjjbrl wits nr.ide to take him ' out; do:i't remember any others object- ( ilUT, :n."l ?Ud !'?>! iHKeiiltli mu; siaus IIIITI'; ( weut losiVthai Osborne was not injured . ii' any vay, beeause lio was fearful thai 1 \ ioleiien jniifl t I;.- do;.'' to Kbode-s, ami if 1 nobody had passed no vioK-uc.o would have iioen done. Saw Alleu and Uaker coining up in aeanter; when l'eter t'o/by 1 halkoitid halt, Osborno ran aut to the < riiilit; Allen shot lirst?l'O was ahead. < .i!ai*t r shot too. both 1)C1\C0 the volley. ( l'eler >y :t tid ''stand your irroiuid." '' They .Lad tired before that; witness did <;nt shoot* \v;is behind tr.eo ou left hand , side, same si'je aso'hej-s,;>r*d nojne nerson niniiii!^ aJoiitf bet.'.veen them said iK-re ' eoiues Lite ernwd now villi Kliodes; they i let elu.nl h h;dt and tired towards erowd, if ( those lucii had not cmuo with Osborne the crowd would net have taken bim out of ' the caboose. Altar <irii:g, all r:ui oil" immediately, aod w.'lnes.j did not kn?>..V | it..... i..>.I L ill<.,( t,.nv one. iiirect.ixaniinati'on resunwl.?Snnnoses Pelt r Cozhy meant if crown wouid'-a^roo 1 they would takehim out, wore waitiusr for | tL'inirs to trot <juiet. .Tonic Whitncr was ( liouiO?>anL; Peter, rajflain. HENllY 1*.I'li'J'ON,aocouijxiiop[ol.ijoct- J cd to], I was at LowrdcsviHe the ni;;ht I Allen was killed, was in the party, and j w.vs there whin AUcji and lJakerrodo ii|>. Oue of tlio party fired tirst; Alton and Maker did not t)r-o. WW Co/l>y said lie meant to have Osljonjo Rhodes out of cal- , al'oosu gr tear town up that nif'ht. \vas ' ill the ro&d whejji Allen and 1 laker ctune . u}> it; a canter, Rhodes Itotwoon them, wm. Co/.hv said halt, and tired, and as the , horses wheeled Oshorno ran into crowd. After william lired o or 7 shots lired he- : hind him. After lire JFtitsou Oozbyran 1 down r?i;vdand said Le had riui over dead man, shot after ho run just before he j?ot to the body ol' Alloa, but didn't know it was. i A. Lives In Dowtulesvillo; got to olaeo where Allen was killed not <jiiilc live iMimitOK after killed; Just. JJ o'clock Mon- 1 C.iy'night, Itli December, Is/ii.; lyiier on face, ttc!ul,'l>raii.is running out <ui Kroitml; inoon silin 1 tiir; siiw him some tittle- ?.1isf:mee before V.'it to him; .Mr. .Mosely touclieit him juul said lie was (loan: went for ltr. Ucckham ; faimlnoned jury between I and 2 o'clock heforo i hotly was liioHoil; I?r. Speer ;na<le examina'I ioii: I'ouiiii nlstol on hoily. in tlio case, on left 1 hip; took it'oif at thins of examination; all , ohaml'orr loaded ; body hail not been removed; witness and Dr. Moseloy look II. oil'; liioii!^i)( it. tacen olf, but oy searchiiijt 'found 11 on body; In l.owndesville nil day Moo.lay; there when Uliodos was arrested and saw lilm following J Jr. Spoor .up ?t:*cet in a v.ry excited manner; heard l;!ui !.n.v nothing till brought before Dr. Roo.kham for Irial; only knows from his own statements where lie came from?Tel la ferro county, l?a,; > turbulent, dangerous charm-tor; lived at Dr. Spoor's from March; ditlioully had originated about settlement; confessions were made by | :'i)ino parties; wnson jury of inc|iiost.; .lolin Alien, W'liitoman Allen,and llutsou Co/by iold witness told witness they wore tliore; Unison L'o'/hy also said after they shot they rait down the road and ran over Alien, and saiii kill the damn rasoal ; heard confessions made to Young; made no parly lo eoiiioj-.s; ealieil over several names, said they were all , there, only disagreement was as to whether IioU'j Princes Huro there; so;ilo said Kdwin nmt some said Edward; helped to put IMiodos in eala 1 <oose at ;l o'clock ; had been kept In store to keep him warm; was present when Allen and 1 laker took him out; knew what they were going to Jo; was ill Dr. Mose- 1 ley's store w hen he wont lo supper; asked ' osb.jra If he would gel across the river if lie would never come back; said yes,and promised if any body went on his bond ho would notui ieorgia and not come hack ; asked wit- 1 ness is lie would go oil bond : wiDnwssnld he had no property ; tho in tention was to take him to Georgia and turn him loose; soon as 1 lie went to calabooseheooninionocd lo halloo; j witness spoke toliim,and he said "Mr. l'rilcliat'd. 1 did not know H was you. I asked what I ho hallooed for '! Said ho was afraid some- , body was taking him out to kill hlin,~Afu<r 1 he j;ot quiet, told him they would take him j to Georgia and let go. Said he would do . It, and wanted witness to go with him. Wit- I 11 ess said he could not go, but en id ho would j seny two genrienieu wun mm, aim wom.i bo responsible for li is wifely. Ask oil witness < if lie won 111 l?e responsible for his safety. Witness said yes, aim ho could no or not,a.< lie I>1,case,-.1; said he was willing lo no; was not lion; said ho would rather not be tied; and laid lie would go ; *1i*t m>t draw pistol; no pis- 1 tol drawn; did no) know of people lying in ( wait. Before taking ithodes t<? calaboose Whitemaii Allen was In si ore, and us tliey ' took him to calaboose passed Whitman ; Uhcdcs said he was willing to no. Witness olti-red to furnish him a horse; said lie pre- j lined to walk; conlltioil him to the young men ; exacted pledge from them to carry him safely; only desire was to get him out of country and to go peaceably. At the Close of the Testimony The Court said -Will the Senior Counsel for the defence stale what coitrso he and his associates will j>11rsue ? Some agreement as lo the speeches should be detennined upon. General MeGowan ? lit consideration of the gravity of the case, I am sure the Court will extend every in- i diligence for the defence. All the Counsel desire to be heard. The Court?Jn no capital easo has ' the Court ever sought to abridge the J defence of the prisoner. The Coun- i sel for the defence may consider them- i selves restricted in no sense or pariic- ( ular. llow many of you desire to j speak on their behalf? General MeGowan?All. Thero are four of us, your Honor. The Court?Mr. Solicitor, how many < desire to addrcsa the jury in behalf of | the Stale? The Solicitor?None but myself. mi... / ? * t r - ? ... n i iiu i-ouri?i itivu yiiii no iiasisiTiiicu ; The Solicitor?No, your llouor ; ] None. The Court?All the Counsel for the ! defence will heard first. (ieneral McGowan then announced that Mr. l'errin would lead oil'for 1 he i defence. This was Mr. l'orrin'a llrst speech. Lewis W. Pcrrin, Esq., opened the argument in the defense of 1110 prisoners. He took a short review in a plain and forcible manner, of the general importance of thcaase, and referred to the interest and feeling which bad pervaded the conununily in regard to it, from the beginning, and alluded in the most 1 complimentary terms to the commendable conduct of the community i of Jjowndesvillo in deferring to the action of the Courts, a matter of sueli | vital interests, thus demonstrating the fact that our people are A LAW-A 11I1>J SO PKOI'LH, who are, under the most exciting eir- I cuinstanees, willing to submit their | grievances to the adjudicaljon of the Courts. The law assures to all of its ' citizens an impartial trial without disliiwtir.n nf iipr?iliv iniit iiKlilics n I conviction only when the guilt of (lie I oU'ending partL Is proved beyond n reasonable doubt. The u'gis of the , law ts thrown around every citizen -I until this is done. Under the circunir i stances in which this homicide was committed, the State was compelled to resort to the prooving of a conspiracy in order to involve all the prisoners in the consequences of the act. In order that this should avail them in this instance it would he incumbent on the State to prove to tho satisfaction of the miuds of the jury: 1st, That there was a confederation; 2d, That tho purpose of the confederation was some illegal act, or a legal act pursued by illegal means; 3d, That the purposo of the Confederation was definite and positive, and fixed in the mind of all the confederates, and, 4th, That the homicide or some purpose of which it was the legitimate result was tho purposo for which they confoderuted, FAT UNO IN THIS, Iho homicide was a collateral matter, the act of individuals, and could not involve any one in the? consequences t i?f its commission except those who ivere proved to have actually tired the Linns or consenting nutl assisting therein. Again, the evidence showed ' that it was the purpose of aomoof the I citizens of J jowndesvilie to take from < the custody of tho law, Osborne ^ Rhodes, a colored ninn, and to "put him out of tho way Word had come | from Rhodes, asking the prisoners to 1 see that no harm camo to nlm. They t ivssewbled for this purpose, which 'J they had a right to do, auu had a right Jo use such legal means ns was necessary to accomplish this purpose, and 1 if ' l THE JURY WERE SATISFIED, 1 from tho circumstances,?of tho timo \ jf night, of the fact that Rhodes was c take}} illegally from tho custody of the u aw, and that they were taking him :ownrds tho Georgia line, (a fatal line n the estimation of the negroes of [J his county,) ihat those prisoners wore orrect in concluding that tho commission of felony wan intended; .his would justify them in resorting :o any mcane for its prevention. The law lias such an abhorrence of the commission of felonies that it will excise a homicide if perpetrated in its l?roventioii. Jle also cited evidence in support of these points. M. T. Deftrulil, Esq., ,l<en addressed the jury for tho doeu.ee. We regret that Ave have failed .o procure notesof his argument. \V. C. lleiicf, Next addressed the jury in behalf )f llie prisoners. lie claimcd fori liimsclf and the two gentlemen who !iad preceded him tho greatest inlulgoneo and attention on the part jf the jury and the honorable Court, in consideration of the gravity and responsibility 01 luc case iiioy nuu in ehargo, aud their owii inexperience at tho bat' of the criminal (Jonrt. JI o wus su re that even llto senior counsel, Gen. -Wcfiowan, with all his capacity and experience, would address the jury with diflilejico and distrust?that ditlidonec and distrust which in list characterize any Christian advocatc in a cause :>{' hlood. Tlio task of defending L-ven one man charged wil-b murder was always a solemn and responsible one; but when the Jives of twelve men were at stake,the solemnity and responsibility were increased twelve fold . But lie had this consolation, that he hoped to be able to show the jury, under the direction oi" the Court, thai the Stale, in prosecuting Lhose twelve unforluuato prisoners, bad established NO CASE OF MURDKtt, against them, lto reminded the jury ol' tho still greater responsibility which rested on 1 hem as tho final arbiters of life and death, and assured them that unless they, in sitting on the case, wore guided by those principles of honesty, uprightness, mid pure-mindedncss of which us good and truo men they were possessed, no effort on the part of the counsel for the defenso could possibly insure a just and unbiassed verdict. Ho urged them to remember that thoy were there on their oath sworn to well and truly try and true ileliyeranco mako according to the evidence; uninfluenced by feelings for or against the prisoners, or even by sympathy and sorrow for the f'rieuds nl'tho hapless Clayton Allen. wili? whose foul and unnatural murder those twelve men were charged. lie fell confident lliat they had examined their minds and wore sure that they were not directed in their decision on tho ease hy any political prejudice or race feeling; and believing tliis lie did not shrink i'roni placing the fate (>f the prisoners in the hand* of the jury, .Mr. lionet then proceed to explain the NATURE OF Tin: CHAR OF. on which the jury were (o decide. That charge was tnurdor. it wasj necessary for the jury to keep clear- j I37 before their minds a loyal defini-j Lion of murder, of which tho very L'sscnCe was malice prepense; differ-j ing in this distinguishing paiticuhir from manslaughter. They had also Lo discriminate those forms of homicide from excusable homicide, which is a killing in self-defense; and from justifiable homicide, which might bo L-ommitted in provontion of a forcible and atrocious crime. Tho jury was reminded that the true and onlv criterion which they ought to apply lo tho facts produced in evidence if lliev wouJ/1 decide under which of these lour classes of homicide tlio net of tji.o prisoners loll, was quo ultimo was the homicide committod; in what spirit was tlio deed done. Crime lay not in the act itself, hut in the mind. The murderous purposo wis the murder; the malicious mind was the crime. Jt was lor them, as intelligent jurors, to weigh I he evidence in the trial scrupulously and say whothcr the prisoners at the bar, some of whom had confessi'd they were present when Clayton Allen was fatally shot, were murrlerers deserving to bo hanged, or felons to ho imprisoned in the penitentiary, or simply unfortunate men whom the circumstances either excused or justified in taking the life of a fellow moitul. Having thus defined tlio crime with which the prieoners stood charged, and Iho other less heinous types of homicide, 31 r. Bonct utatod llml THE DEFENSE ho and his colleagues opposed to the [diarge was that the evidence laid before the jury by the State could not satisfy their minds beyond a reasonable doubt that the prisoners were guilty of murder; that a verilict of manslaughter could hardly be based on tlio evidence; that 011 Lhc iLiis-ver to tlio oueslion. ('\\ ho tired I lie <ii>t shot,?the while men, or the cob red men?" depended their rendering :i verdict of excusable homicide; and that their verdict might to he justifiable homicide if ho could prove to them, as he hoped Lo do, that the person or persons who killed Allen did so in prevention of a forcible and atrocious L*rimo, lie advised the jury to consider closely and weigh carefully Ihe argument, which tho Solicitor would with ^reat learning, ability, and ingenuiy lay before them, endeavoring to prove that the prisoners were guil y of CONSPIRACY. [I wua absolutely neccssary lo prove i conspiracy before the act of one jr more could bo legally imputed toi ill. Was tho cvidenco eleai and unequivocal that those colored men iad agreed to meet together to pros;ciito some unlawful purpose, and ,vore the /atal shots fired by one or nore of them in the prosecution of ,hat unlawful purpose? Jf this iould bo gathered from tho ovjdonce, lw?n <Ka ni'Tannnra u*nn1/l 1 in fill /I I V> II if 11 V> |;iiDUiiut?> ?. vv??v% .yw ?... Mjually guilty of murder. But ho uibniittcd that tlic foundation for conspiracy had not boon laid in the jvideneo. The gist of a conspiracy >eing tlio unlawful confederacy to lo an unlawful act, it wan plain that n tlio ahscncoof satisfactory ]iroof >f an}' unlawful purpo.se, the charge ?f conspiracy could not bo maiuained. TIIE EVIDENCE. Ho then proceeded to apply tlio egal doctrines he had laid down to ho cvidonco which had been proItieod. JIo argued (hat while thero van no doubt that tlio prisoners at bo bar had niot together on the i - ?- ? .1 U...1 iiyill 11J IJUUSUUil, ilivy llilU IIUI nut o prosecuto an unlawful purpose, fhoy had all testified that they had net to seo that no burin would hap)<?n to Osborne Khodes; that ho bought his life in danger; that they md been informed of it; that the vhito mon wore going to lako him nit of tho calab00H0 that night aud : put him out of tho way." This tesimony was confirmed by Osborne (bodes and by th# two Burtons who had turned Slato'.s ovideneo. Such an usHoinbly and such a purpose wore lawful. Conspiracy had not beon proved?could not bo proved against tho prisoners; and thcro(bro the crime of ono or two, were that eriino oven murder, could not ho imputed to any but tho actual perpetrators. Hut was the deed done that night amurder ? JIo submitted to tho jury that tho prosecution had failed to prove that a murdcrhad boon committod. What had tho evidence shown ? That the colored men who had met at the church to watch and talco caro of Osborne Rhodes heard erics of distress issuing from tho calaboose? immediately thereafter, two white men cat.no riding towards them at an easy canter. Osborne Biiodes was between them on foot. The moon was shining. They could ccc and bo peon. Tho colored men "gavo back" towards tho fence, tho white men came within twenty steps from the band of negroes. As to who fired the first shot the tcstimonj'' was conflicting- ifthewhito men fired" first, then the return volley of the negroes was justifiable on the ground of sell-defence. ]f tho negroes fired first, it was for the jury to consider whether or not they did so to prevent a forcible and atrocious crime. Tho two white mon had taken Osbortio Ithodcs out of the calaboose. This was a grievous offence; and if, as the colored people believed, these men were talking Os l)orne .Rhodes of? to kill him or drown him, it was for tho jury to say how far their shooting at tho white men was justifiable as being done to prevent a forcible and atrocious crime, As to THE ACCOMPLICES John and Henry Burton who had confessed themselves guilty of the crime charged, and by turning State's evidence had saved themselves? the jury wero to roceive their testimony with a sober degree| of jealousy and caution. Tho testimony of accomplices, was admissible ' in evidence, but tho Court would | charge the jury not to rely upon it I unless confirmed and corroborated by tho testimony of unimpeachable i witnesses. It was unsafe to convict on such testimony. In addi-1 lion to Ibis objection to t licit* lesli-J inony it bad been proved by tho pro-] daction of the record of conviction of assault and battery with intent { to rape, that Ucnry Burton had j been ill the Slato penitentiary for one year; and on I}' lack of timo prevented similar proof from being procured to show that John Burton had been twieo in a Georgia penitentiary. Though not incapaci tatcd as witnesses the jury could not consider these miscreants as crodihio. Tlio above is the subslanco of SJr. Benet's argument in defeneo of I lie prisoners. lie closed it by expressing his conlidenco in the intelligence mid nprightnoRS of llicjmy. lie hoped ho had convinced thorn that according to tho plain and strict rules of right and justice lie arid his colleagues in tlio defense were entitled to their verdict. General 31 cCowan spoke last for the prisoners. He made an earnest effort in their behalf, and we regret that wo are not able to report it in full. The following is but a meagre outline of his argument. He said that his young associates had so well covered tho whole ground, that he thought it wa* unnecessary for liini to say anything, and lie would not do so, but for tho extraordinary character of the ease. It was a heavy responsibility to sit in judgment upon the life of a fellow-being. The administration of the criminal law is the IIKiilLVr FUNCTION OF GOVKKNM 10 NT. Hi! had been appointed with others to make tho defence of these prisoners, lie liad a duty to perform which he hoped he would bo able to discharge without fear favor or affection. He had never had occasion to defend a man for liis life without feeling overwhelmed by a sense ot responsibility?by the fear he might do or say something, which would affect the great issue of life or death! That sense of responsibility was greatly increased in this ease for instead of one there were TWKJjVK MEN ON Till AT. FOK Ml'E. rt was still greater from tho fact that they are poor, ignorant, penniless, misguided negroes, without a single friend to advise or means to employ counsel. It is the proudest glory of the law, that it protects the lowly and humble as well as tho high and great? the friendless negro, as well as the proudest aristocrat of the land! The great can tako caro of themselves, but it is especially the poor and friendless that need tho protection of tho law. lie said that the law was beneficent as well as just?that it protected as well as punished?that one of TJIH I'A KDINA T, l'JlINCI I'JjIi.H of tho criminal law, was that every man is presumed to he innocent until the contrary is shown. That tho prosumption of innocence covers and1 protoctsall,as with a shield in their! sleeping as w.oll as waking hours.! When the Stale charges crime upon ! any one, he can rest securely under i that presumption of innocence until j he is proved guilty. Jie who allirms must prove, and an tho State charges the:;.; pi iN.-VM-s with murder, tho State must prove it or they no free. The indictment charges that \ CLAYTON' ALT.HN WAS KILLED on tlic nightof tho4th of December last in Iho suburbs of Lowndesville, in .Abbeville County, and that all these j twelve prisoners on trial are guilty of thin mnrdor, and must be lump: for it. Tho jury has lite right to render a general verdict which involves not only the decision of tho facts, but also the application of the law as expounded by tho Judge. The preliminary questions are, lias a homicide been committed ? If so, who commuted it? and, what is the grado of the crime, if any ? It is admitted that a homicide has been committed. It is truo and is greatly to be regretted that it is truo. Then who did tho act? That mudo it necessary to state the circumstances under which it occurred, lie then gave an outline of the case. On Monday, December 4th, one Osboruo Rhodes, a colored man, had a difficulty with his employer, who swore tho peace against him and in default of security to keep tho pea<*e, Osborne was imprisoned in Iho calaboose by , an order of Trial Justice Rcckham. After Osborne was arrested andj lodged in tho calaboose it seems{ that he had, or claimed to have appro-1 hensions that he would be kidnapped { that night. This apprehension he managed to communicate to his friends' outfiide, and they, WITH A K.MS, collectcd at night at the Presbyterian ' church in the suburbs of the town, not far from the calaboose. Hero they ro-I inaincd until about 11 o'clock at night.j1 when they heard Osbornu Iu the cala- ; boose crying "Oh, Lord," "Oh, Lord," j as if he was receiving personal injury j or being taken out. A short time after, two men were seen riding towards them briskly, with Osborno on foot i between them, going 011 the road to wards the Savannah river, which was ' distant about five miles. The tosli- < mony is conflicting: as to which party fired lirst, but it is certain tiiat several . persons of the party of negroes shot, and Clayton Allen, ono of tho two i horsemen, was instantly killed, and ' the other, Mr. Baker, fled. Tho nc- < groes lmmediateiy^disporfled. i Under these cirouiubtunucs several ! V gg--Tv^-TnrjQH ' ?LMMaimiMAMaG*,-rr<Kr. mam^ocwanm IMPORTANT QUESTIONS ARJSE: Who is responsible ? All those who wore present, or only those who did the act? That depends upon other ques. lions, whether they were thero by concurt and previous agreement for a common purpose : whether that purpose was lawful or unlawful, and whether the act was done in prosecuting tho purpose for whfch they combined, or arose incidentally or collaterally ami was outside of it- It is not known who fired the shots which killed the deceased. The prisoners were all there, or hi the immediate neighborhood. The State claims that all who were present,are responsible for the act upon ihn irrnund tluitthov wereconsnil'ators in the prosecution of an unlawful pur- ! pose. Upon the subject of the responsibility J of con federates there are two inipor- ' tant principles which must not be for- ] gotten. First, when the net done is the very , act which they confederated to do; in , that case if the act is lawful in itself, 1 of course there is no responsibility, but if the act is unlawful, thou tlie act of ! one is the act of all. Second, when the act done is not the ' very act which they confederated to do, but.some other act, collateral and out- 1 side of the common purpose: in that 1 case whether the original purpose was lawful or not, none are responsible but those who do the act, "fur the confederates-assembled for another purpose, and consequently L'uilt cannot bo lijfed - i I i lipon meiu oeyunu tucir lyumi mtention." lie then proceeded to apply these principles to the facts of the case. He argued first, that most likely these people Imd noeommon "definite purpose" in their minds when they assembled at the church. Hearing that Osborne was in the calaboose and apprehensive of injury, they probably gathered there under tho influence of that curiosity and clan feeling so characteristic of (heir race. If they had no common purpose in their minds, then the dootrineupplicableto con federates does not apply. But second, if they assembled with a common definite purpose, what was that purpose ? Was it to release Osborne by force? If so tlutf purpose was unlawful, and if the killing of the deceased was necessarily involved in carrying out that purpose, j then tho act of one was the act of all. I The only question for the jury ii^thisl connection was whether the act was) necessarily involved-in their original! purposo of breaking the calaboose, or merely done incidentally upon a new' state of facts not originally contem-j plated. This point was illustrated by a ease in (be books : "Three soldiers went together to rob an orchard. Two got upon ii fruit tree and the third stood :it the gale with a drawn sword, and tbe; owner's son coming by, collared the man al the gate, whereupon the soldier; stubbed him. It was ruled to he murder in (he man who stabbed, but thoso on i tin* tree wore innocent." I>111 third, If, as nil tho prisoners! testified, they assembled simply to waUdi and see that 110 harm was done to Osborne; then the common purpose for which I hey assembled was not unlawful,and this ease must be consider- > led as other eases of sudden allrays. Osborne was in Uio custoily of the' law ami it wan unlawful for liiin to; (. .scape or for any one to take him out! without authority. It would have been unlawful in the prisoner* torc-i lease him, ami it was also unlawful in ! the parties who had him in charge, going towards the Kavannah river. These prisoners had THE 11U1HT TO I1 It EVENT THAT W110NG, and ill doing so, to use as much force! as was necessary to accomplish the purpose and no more. In litis view each man is responsible only for his act. lie then considered the evidence as to who did the act; who were present at the time; who shot and who did not shoot, and who discharged the fatal shots which unfortunately took clIecL upon the body of the deceased and caused his death. These arc all questions of fact for the jury. What is the grade ?f this oU'cucc ? If the parties were there for AN' UNLAWFUL l'UIU'OSE, and in the execution of that purpose some shot and killed tho ileceuseu, it mnrili.r in nil wlio worn nrcsciit. "* "" * "" ~ i" If tlicy were there simply to prevent Osborne being curried away; and in attempting to prevent it, more force was used than was necessary, it is manslaughter in thoso who did the act. j If they were there for an allowable purpose, and the deceased and his [comrado made the attack and fired j first, then it is excusable homicide, and the verdict should be, not guilty. IX CONCLUSION, j he Raid they had discharged the duty imposed upon them by the court, and had attempted to do it faithfully. The prisoners had no friends to aid I with their counsel. He begged for them the benefit of all reasonable doubts. The Stale is the common j mother of us all, and has no passions to gratify. Vengeance is not the object of the criminal law, but the good of the community, which he thought | would not be promoted by executing citizens by scores, if it could be avoided consistently with law and justice. The prisoners belong to a race remarkable for their excitability and love of the marvelous, and he invoked the jury to guard themselves against the the excitement rife in the community to deal as lightly with them as the facts would permit and to execute the iaw faithfully but in mercy. Solicitor Cothrnn. There was an cflurt made to prove that the flagrant act was committed between twelve and one o'clock of the night of the 4th December, thus.being done on the 5th day of the month instead of the 1th, as alleged in the indictment. The weight of evidence and the hour of the moon's rising on the night of the -lib, to wit: at six minutes past eight o'clock, in the evening, seemed to lie conclusive of this issue when it is remembered that ail of the witnesses for the defence fixed the hour at about one-and-ahalf hours after the moon's rising. The next ground taken was a denial of the fact that any CONSPIRACY had been proved by the State on the part of those charged with the homicide. U was contended by (ho Slate that tiiis was not material?that there was no charge of conspiracy, that offence being merged in the assembling and committing of the deed?that "the fiery cross" iiad sped over the surrounding country, and that the "mustering place" was at the church near Lowndesvillo, where at the appointed hour, the assassins had assembled. Then NEXT IN ORTDEK it was contended by the accused that they had assembled to see that no harm should be done to Osborne Rhodes, who was in confinement at Lowndesville, and not for the purpose of releasing him or of doing any un lawful net. The only cvidenco to support this change of purpose was tho unsupported testimony of the twelve prisoners, which was expressly contradicted by their previous admissions that their purpose was to release Ikliodt'S, and the sworn statements of six of them at the inquest that such wa? their purpose. IT WAS THEN CLAIMED that the Stale should show who of tho party usscmlili'd at tho church and who ilrod the fatal shots. AN' KKFOUT was thru made to prove flint Clayton Allen, (tho deceased,) and liaker who was with liiiu ? lired first ii]>on the prisoners :it tlie liar. It was dif- 1 lienlt to make uny ]>roof upon this point for the reason that few of the accused could ho made to admit that Lhoy were present at the tiring and the contrary was clearly proved by the testimony of Raker, and by the potent fact that young Allen's pistol was found upon his person, undrawn mid with the cartridges iu the chambers, clotted with his life's blood. This was tho untenable ground of selfclelense and utterly and totally failed. Tho .Solicitor in appealing to tho Jury for a just verdict, said, "Tho WHOLE COUNTRY is anxiously awaiting your verdict. This anxiety finds expression iu the enquiry, are you ablo to riao to the sublime height of doing your duty bctweeu the (State, the # -nimou luutli ;rof us nil, and the prisoners at tho [Jar ? Tlie pence, the good order, the : (oeurityof life and property, for our i ives at least are all upon trial here < aow. Are you sufllcient? Can you i Irink of this cup? Or aro its contents ! :oo bitter for you? If so, notwithitanding your convictions that the i prisoners are guilty, acquit them, but ] remember in doing so if you are satis- i [led of their guilt, that you leave this i Jourt room after such a verdict, not mly perjured, but with tho assurance hat neither vou nor anv of vours will i jvcr sit iiero"again to try a'case like !his. If black men are to acquit alack men because they are black, an<] if white men are to acquit white men jecause f.bey are white, then I solemnly assert, that the administration of i justice jaa mockery, this Court House i will bo closed, the officers of the law will retire from its portals, the deluge will indeed have come and ALL WILL BR CHAOS, The people of this County have forborne to resort to desperate measures, relying upon the law. The presence ;>f these prisoners here for trial after having been taken to an adjoining County for greater security, is the highest evidence of that forboarance, uf thatwillingness to look for redress to the Jaw and to the law alone. That forbearance, that consideration, that mercy, wore not shown to Clayton Allen, on tho night of the 4th of December last, when his young life was ruthl.essly extinguished by the hands 01 llHittO prisoners, iuiu ins oum uumcu into the presence of hia God, without even a note of warning. Cut counsel s/?y that he was violating tho law? Violating tho law ! So were they ; and if he jvere, who made these miserable creatures his executioners? I have no feeling in this matter except such as is warranted by the atrocious crime that has been committed. The State whose right I uphold and represent, is an abstraction and can have 110 feeling in this ca.se. I have endeavored to discharge my duty with, I trust, a due sense of iny responsible position as a prosecuting officer. That duty on my part is done; see to it now that you do yours." At the Conclusion of the Argument, and before tho Judgo charged the Jury, General McGowan rose and asked his Honor to charge certain points of law. The Solicitor did the samo. The Judgo replied that ho would charge generally?without confining himself to the requests made, but he holieved his charge would cover all the points. The Court Delivers its Charge. Gentlemen of the Junj : Gentlemen of the Jury, this case has produced considcarble excitement. No ease tried in this County perhaps has created more exercise of mind and fueling during tho last fifty years. And it has incidentally conic to the ear nf tho Court, that tho manner in which counsel, appointed by the Court, to manage the case of the prisoners, has created considerable feeling against them. Having watched the entire proceedings eiosely, I am somewhat surprised at this information. Jn the; judgment ;of the: Court, Cen. McGowan, and tho three younger members of the bar associated with him for the defence, have simply done their whole duty by they prisoners. And had they stopped short of tho able, manly, and complete defence made by them, tho Court would have felt that it had not discharged its duty in assigning the prisoners counsel. You have been selected by the prisoners at the Bar to pass upon their death or their life. And it is proper that the Court should define your duly in tho premises. While the Court is tlie Judge of the law, and is charged with thu duly of expounding it as applicable to this case; it is your province to judge of the facts?the evidence?with a view to seeing whether or not the evidence bring the prisoners within the meaning of the law as given you by the Court. In this case tho fuels are conflicting?it is your province, to reconcile all conflicting fi'sfiinniiv. Ami insh lir?rp nio ftjiv to you, that in reconciling conflicting testimony you arc not hound under your oath to regard the testimony of any witness or numhor of witnesses in making up your verdict, simply because he, she or they have been sworn and given evidence,* you aro only bound to give weight and credence to his or their testimony upon believing that it is reasonably truthful. Jiefore proceodlng to give 3*011 the law of this case, I cannot forbear to condemn in most serious terms, the act of certain parties who without authority of law sought to release and spirit away one Rhodes who was confined in the calaboose at Lowndesville. This act was clearly in violation of llio law,and deserves and must meet the hearty condemnation of all good and law abiding citizens. It is equally apparent that tho prisoners whose apprehensions, were either justly or unjustly aroused as to the safety of Rhodes, did not avail themselves of the peaceful remedies of the law, to effect his safety, but were disposed to act otherwise, and to lake the hnv into their own hands. Itoth observation and experience lead me to believe, that there is a general disposition existing among the colored people to interfere with, and release il possible any one of their color who may by bad or criminal conduct fall into the hands of tho oftlcer of the law ; a disposition to obstruct the process of the law. And my experience upon the Rcnch is that at least one fourth of the cases that reach this Court for adjudication originated r?r grew out of such illegal interferauce with tho offlcors of the law. It is high timo that they should know that such conduct on their part will not bo tolerated. That the law must be magnified. And such unlawful acts bring trouble and prosecutions to their doors. No good citizen will resist tho olllcer of lmo law in me portormance <>i ins uuly. Ami until a mere boy of ten years ran go ami arrest offenders against the laws, ami none dare resist or obstruchim in so doing, peace, good order and prosperity will never bless us at a people. I trust that all of our people will learn from the sad result of this wrongful interference and obstruction to the law, the importance of submitting themselves to its requirements. Gentlemen of tho Jury tlio prisoners at tho ]lar are charged witii the crime of murder, and much evidence lias been given to establish the fact of the existence of a conspiracy on the part of the prisonors to kill and .murder. Murder is tho killing of a human being in the peace of God, with malice either express or implied by law. ?"Of this description the malice "prepense is the chief characteristic, "the grand criterion by which murder "is to be distinguished from any other "species of homicide. It should liow"cver be observed, that' when the "law makes use of the term maice "aforethought as descriptive of the "crime of murder, it is not "to bo understood merely In "the sense of a principle of nia"luvoltmcfi (o nnrlinubir.H. but us "meaning Hint the fact has been at"tended with such circumstances as "arc the ordinary symptoms, of a wicked, depraved and malignant spirit; "a heart regardless of social duty, and "deliberately bent upon mischief. "And in general, any formed design of "doing mischief, may be called mal"ice; and therefore not such killing "only as proceeds from premeditation, "hatred or revengo against the person "killeJ ; but also in many other cases, 'such killing as is accompanied with "circumstances that show the heart to "be previously wicked, is adjudged to "bo of malice -prepense, aud conse"(luently murder. "Malice may be cither express or :'implied by law. Express malice is, 'when one person kills another with a 'sedate deliberate mind and formed 'design being evidenced by external circumstances, discovering the 'inward intention; as lying in 'wait, antecedent menaces, former , 'grudges and concerted schemes to do 'the party sojuo bodily barm. And 'malice implied by law, from any do'liberato cruel act committed by one 'person against another person how'ever sudden ; thus where a man kills j 'another suddenly, with, or with- i 'out a considerable provocation, the \ 'law Implies malico-'' i I liavo said that in gonaraj, any j * formed designed of doing mischief may bo called malice. Aud heroin af conspiracy, For tho purposes of this case, it is only necessary that I should say, that where two or more persons, combine, confederate, and , agree together to prosecute some unlawful purposes, and steps be taken to . L'lTect that purpose this is a codsplracy, and is indictable at common ? law. And it appears that an indict- J luentlies, not only wherever a conspiracy is entered mto for 911 unlawful J purpose, but also where the coiispira- * ey is to eilbct a lawful purpose hy the 1 yseof unlawful means; and this, although such purpose be hot effected'. 1 If a fact amounting to murder ? should be committed in prosequtjon of J. some unlawful purpose, though it c were but a bare trespass, all peraous 1 who had gone in order to give assist- f ance, if need were, for carrying such * unlawful purpose into execution, 1 would be guilty of murder. 3}ut this J will apply only to a case-where tho 1 murder was committed in prosecution c of some unlawful purpose, some coin- c men design in which the combining parties were united, and for the effect- 1 ing wnereor iney nau asfwmoieu; ior unless this shall appear, through the J person giving the mortal blow may himself be guilty of murdar or man- * slaughter,^yot tho others who come to- 1 gether for a different purpose will not J be involved in his guilt, "If A, B and C bo in company and "walking in the field, C assaults B 1 "who flies, C pursues him, aud is iu f "danger to kill him. unless present 1 "help, A, thereupon kills C, in do- i "fence of the life of B, it seems that ' "in this case of such an Inevitable "danger of the life of B, this occision 1 "of C, by A. is in the nature of sc'dc- 1 "fendendo, but there It must appear 1 'plainly by the circnmslances of the "caso, as the manner of the assault, ' "tho weapon with which C, made the 1 "assault ?c?That the imminent dan"ger of thelifo of B, bo apparent aud "ovjdert." It must be apparent from this law, that A, is called upon suddenly, with- 1 out time for meditation, to so act as to save the life of B, who is assaulted by C, and yet the law holds him responsible for using any amount of resistance more than is absolutely ncc- . cssary to save tho life of B. To justify him in using a deadly weapon, it must be apparent and'ovidont that the life of B, must bo 4u Imminent dan- 1 The prisoners at the bai* have severally come Upon the stand\md testified that tho object of theii* assembling 1 was to prevent any violcncoto Rhodes who had been lodged in tho calaboose for failure to give bond to kt?cp tho peace. That ho had informed them that his life was not safo &c. This statement is in direct conflict with that mado at the Coroner's inquest over the body of Allen, tho deceased, by those of tho prisoners who gave evidenco. Tho causo theu assigned for Ihoir assembling being to take Rhodes out of the calaboose. Tho latter object on their assembling is sus taincd by other proof than their own contradictory statements, and it is for you gentlemen of tho Jury to reconcile tho testimony and determine which is true. It matters but little for which of tln'so two purposes they assembled. If they had conspired to release Ithodes from the custody of tho law, or to prevent violence to his person, in cither event it was for an unlawful pnpose, and the magnitude of their crime must be determined by the facts of the ease. In general every homicide is presumed to bo malicious, and of course amounting to murder, until tho contrary appears from crtcumstanees of alleviation, excuse, or justification ; and that it is incumbent upon tho prisoner to make out such circumslauccs to the satisfaction of the Court and Jury, unless they arise out of tho evidence produced against him. What are the circumstances of alleviation, excuse, or I justification if any exist in this case, if you should coino to tho conclusion that Allen tho deceased and Baker lired upon tho prisoners iu tho night time first, and that the prisoners iu turn tired believing their persons iu danger of great bodily liarm or their lives were in danger, you nmy stop right there and write your verdict not guilty. But should you come to tho opposite conclusion, that the prisoners tired first, then they must satisfy you from circumstances r of alloviation, excuso, or justification, tliat they are not guilty of murder or manslaughter as the proof may justify. All the prisouers admit that they were notified several , } hours beforehand of the purpose for which they wore to a&sembled armed, and from this fuel you may or may not conclude that they had ample time to communicate with the town and other civil authorities, their apprehensions of violence being done to the person of Rhodes, and that there was no necessity fur taking the law in their hands, and that the act of shooting was preincdi- , tated. And just here I will remind you of the testimony of the colored man named Henry "Vallentine. This witness said ho told Asberry Allen, Edwin Prince, Capers Allen and Edward Prince four of the prisoners that they ought to go and consult Beckham ham Trial Justice and the luteudaut of tho Town of Lowndesvillc about getting Rhodes out of the calabooso. To which Asbery Allen and Edwin Priuce replied?"it was of no use." Von may or you may not, as I have already said, infer from this fact, as well as the length of timo the prisoners, with arms had guarded the road, that they meant to take the law into their hands. Gentlemen of tho jury, in this case tho prosecution to strength? , en its c;uso has used two accomplices. Tho law makes It my duty to tell you that it is not safe lor the 1 Jury to convict upon the unsupported testimony of an accomplice. In this case, however, there is proof, (whether you can rely upon it or not) corroborative of the tostiuiony of tho two ac complices. < In conclusion gentlemen of (lie Jury, if you should find from tho evidence that the prisoners were fired upon by tho deceased and Baker, and that they returned the lire believing it necessary to save themselves from great bouily harm, or death, yon will find a verdict of not guilty. But in the event you should come to the opposite conclusion, you will then determine from the testimony whether not- nil nt" tlir> iti'icimioiM wnPti cut at ihe shooting, and that they had assembled to carry out a couimou design, lawful or unlawful, and that, that eoimnon design was carried out, and of what crime , the prisoners are guilty under the law as expounded to you by tho Court. If the proof does not reasonably satisfy your minds that I one or more of tho prisoners were present, you will find your verdict not guilty as to him or them. It is a maxim of the law, tlmt all reasonable doubts founded upon tho testimony must be solved in behalf of the prisoners, this I charge you to do. It is better that ninety-nine guilty persons , should escape punishment than one innocent person should sutler, You will remember that the doubts which the law entitles the piisoner to have solved in favor of innocence are characterised as reasonable iloubts. There ( are but few eases entirely free from all doubt; hence if any and every doubt i lie allowed to prevail, thero would be ( but few convictions had in the Courts. Centlemeu of tho Jury I will at- , tempt to illustrate what is meant by i - _ 1.1 . 4MM U.ima reusouuuie uuuwis. ouinmsv, ^n. run,man, you should be desirous of going into a speculation of some kind?as a prudent business man, before uudertuking any matter of speculation, you would thoroughly weigh nil the ohances of failure against those of success, and your action would be governed by the preponderance of the chances 011 either tide. Just so here, if reasonable doubts arise, and you should find the preponderance in favor of innocence, you ought to acquit, otherwise conviot. s Gentlemen of the Jury, trusting s that I may have made myself understood as to the law of this cuso, you will take the record, retire and find your verdict. Aftqr the Conclusion of the Chatfc, tbo Judge turned to General McGowan find asked if ho was satisfied, and ho replied affirmatively. He asked the J <amo question of the Solicitor, who made the same response. ' Sentencing the Prisoners Tuisdajr H Evening. flr You have had in the Judgment H >f the Court a fair (Hal, anil B i jury of your own' selection, after m i moot patient hearing of your 'case H ias found you guilty of Jbe murder 0Q >{ Clayton Allen. The law makes M t the duty of the Court to pass anfanna rir>f>H) linOIl VOU. If evor IVUKUUVV V* ? ^ here Avoa a clear, deliberately formed H lesign to murder,' it does seem that B 'our action would j ustify such couclu- B ion. Tile evidence does ' not show lie slightest jOgtiffc/atlob' fcr'Jiring up- 9 >n young A*lea, and It '1b 'hbc clfefir B hat you even knevV who ybu Verto hooting at. Thfe facts i? your'Caso H ustify the conclusion that ^our Coil fact was but fhe promptings Of a most B uaJignajJt and depraved raind?a mm nind totally-bent oil mischief. Such >eing the surroundings of your casd, greatly regret, in discharging* this EH ny lostand mbst solenfn duty to tho aw, I iind nothing extenuating y^Ur H s'rime, which would justify Executive H ileuiency in'ybur behalf.' B You must therefore, prepare to die D hfe death of the gallows.' "What ter- H or hangs around the' death even of B he righteous man?the man 'of God,! B Then what intensified "terror 'must B leize upon him who deliberately* kill's B iis.fellow*man j Let me beg you tb B wonder well your most sad condition. B The sands of time are fast giving" wav B jeueath your feet; and'soon ybu will B )c launched into eternity?you must B ioon stand face to face with Hirii H kvho gave tho life ad warftorily destroy- B nl.by you. Are $ou' prepared'for this B joleinn' meetiifg:? If fiot, T itapiorfc B /ou as One why pities your sad estatiei B to lose no tjmo in making" that1 prfepar- 1 ition' which will enable you to 'meet in offended yet merciful God pbace. B tto importunate in br&yer.' Look up m to God day nbd night. Cast'the bur; B ilen of ymir soul upon Jfesudtho' ria- B viou'r of juahl;ind*! Tliougli all heljl B from beneath may see hi now 'moving H to meet you,d proper oxercisd bf tho B means of grace .vyill secure fbr ybu life n litefnal. I have said' much rabre to n you than 1 intended with a VieW tbimV press you of hoyy ' vastly important II I is thatyoh spare nd'tfnlc lit 'preparing M to meet'vour God'in peace. " i'trust B you may'crp the dri$ of'^oar departs? flg ure arrives, choosd tho good pdrt whicli SI shall not be taken away rr6:n'yoti. 1 S TLio Jud^e then in the"ttsn&l' form ! sentenced tjio prisoner* E.dwTu'Prfnce, } Gilbert Burton, Eli Hunted Capers R Allen, Asbury Allen, Whitman AN H len, Jenkins Whitne'r; y/illiarii'Jobn- fl son, Ilutson Cozeby, John Allen' each n to be huug between ttta hours of 11 S o'clock A. MI and 3 o'atock P. Ml,' on n Friday, tho 20tb of April next.' ' 9 NOTICE. " * ** >; Office School Commissioner, \ Abhevtli.e C. If., w.' 0. i Messrs. w. o. uennett ' ANl) E. O. OliAYDON" with myself will constitute' the Hoard of Examiners. ^Teachers caii apply after 1st January, 18771 Tho law tHjuiresall Teachers of Public Schools to be examined annually. I will appoint the frustees for tho School Distriots neict week. " ' The schools will not open beforo tho 1st February. li>77. JOHN A. "JVIEIt, School Commissioner. Dec. 27,1S7G. 4t. ' ' ' Notice. ALL persons interested in estato of t J. (.?. CARTER, deeetised, are hereby notified to appear on the IStli of Juuuary, 1N77, at Abbeville Court House in tho ofllce of Prouate Judgo for a final settlement. J. G. CARTER, Executor. J "TV AM m<f/) JJVU. Zl, lOiU. AD^MINISTEATO^ SALE.' SWILL sell tho Personal Property of John A. Hamilton, deceased, on Friday, the 12lh JANUARY INSTANT, at his late residence two miles South-Bant of Abbeville Court' House. r Terms cash. J. G. HAMILTON, Administrator* Jan. 8,1877. NOTICE A LL Persons indebted to PariJO. her & Perrin are expected to cull and settle their ACCOUNTS at once without furtlier^notice. Jan. 3, 1S77. Griefs Farmer's Almanac, For 1877. Tor Sale at PARKER & PERRIN'S. Jan. 3, 1S77. 4 PAY YOUR DOCTOR. PE11SONS indebted to rue for professional services must come forward and liquidate their accounts without dolav. EI)WIN PARKER, M. D. Jan. 3, 1877. NOTICE. Will be Sold by the Undersigned at Abbeville Court House on Sale Say fie MKHlaj.ii FetaryNeit THAT traet of land in Abbeville Couuty on Littlo River containing Five Hundred and FortyFive Acres more or less, bounded bv lands of the estate of James T Liifdell deceased. Lcroy Wilson and others. Assigned to nie for payment of debt#. Terms of Salo?One-half of tho purchase money to be paid in cash, and the balance, on a credit of twelve months, with interest at ten per cent, per annum, to be secured by bond with personal security, and a iuortg:igo of tho premises. Tho purchaser to pay tho Taxes for last year. WOLF ROSENBERG, Assignee of G. A. VISANSKA." Jan 2,1877, Tie Slate of Soitl Carolina, County of Abbeville, Sheriff's Sale. David Lewie, Plaintiff, against Garrison A. Visanska, Defendant, Wolf Rosenberg, Respondent, against David Lewie, Appellaut. IiY virtue of the judgment of foreclosure of the Circuit Court in tho former case, and of tho Supremo L'ourt in the latter case, I will sell, as the property of the said Garrison A. Visauska, onlSale Day in February next, at Abbeville Court House, the tract of laud, known as tho _ BELCHER PLANTATION ?itimte in Abbeville County, adjoining amis of Thomas Thomson, Mrs. McJomb, and others, containing ons 1 ...i unrau mora or Idsiu ,U<U1*UI1U 1411M nnj ?v.v?, ?? - ? - Terms of Sale.?One-fourth of the turohase money to'be paid In cash, mil the balance, with Interest from lay ot" sale, to be paid within six nouths from the day of sale, and o be secured by bond with personal ecurity, aud a mortgage of the premies. J. Y. JOKES, Sheriff Abbeville County. Sheriff's Office, 'Jan. 1, 1877. Mattrasses. A NEW and Splendid lot CURLH. ED HAIR MATTRASSES. J. D. CHALMEP'J ' ? Oct. 25 *