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f he Press and Banner.1 By Hugh Wilson and H. T. Ward lam < Wednesday, Feb. 8,1882. | Senator Fkhbsnu* in a Soa of Troubles. j In this week's paper, wo present our i renders ,n few long flriieles vbout i Columbia matters, but not enough to| give the reader a basis upon which lie! may found ft!) intelligent opinion as to therause of thedifficulty between Gen. Kennedy and Senator Kishburne. In matters like this where everv i \ man wants favts, that he may form hi> own conclusions, the leader naturally turns lo the daily reports of (lie pioceediugs of the (Jeneral Assembly which the public understand t<> be the records of actual facts, without color-1 ingor reference to the personal preferences or prejudices of die editor or reporter. Wc tailed to find any mention at all of thisallair in the scmi-of-' fieial proceedings as published in the j jS>. ics eind Courier, an<l only the barest mention of it in the ficffixfcr. j The Register while giving some facts I on the local page, and exculpating cv-j cry body from blame, except Senator! Fishburne, let slip a few significant] words, besides giving a reasonably fair statement of facts as they occur-1 ivd at the office of the Trial Justice.: It will bo observed by reference to the! Legislative proceedings as copied from the J!cr/is(cr that the only mention by! the Jieyister of the speech which j caused the difficulty with Lieutenant-; Governor Kennedy, was in these! * 1 words-: "Mr. Fishburne renewed liisj "effort to pass the bill [to relieve cer-| "tain counties from the operation of; "the Mock law] and spoke at some j "length and with marked earnestness i "against the motion cf Mr. Wylie.j "In speaking of the merits of the| "measure, Mr. Fishburne repeated the. "arguments employed by him yester-1 "day. which were fully reported in the "Register." That speech we have copied from the licgistcr into the col-' limns of the Pixus and Banner. | There can lie no doubt that Sena-j tor Fishburne did something on j the followng day which the Pres-, iden-t of the Senate thought to Ih'| wrong. Exactly what that .something! was, 110 one can tell from the printed: reports, and wherein the President of the Senate oflended the Senator on, the floor doe.s not appear. But it is nevertheless true, that he did grievous-! ly offVud Senator Fishburne, when | presenting his arguments in b? half of, a measure in which he felt the keenest interest. JJut we are left in the dark as (o the' actual facts. No mention being made of the matter in the reports which 1 should be fair and impartial, and so little having been published in the articles which have the appearance of a desire to mould public opinion with-1 outgiving the facts, we are unable to> speak anvisedly. We have alwaysj lian a mgn regara lor ljieuieiiuui-vjov-. ernor Kenuedy, and we can hardly believe our own eyes when we read of: hid share iti what a special reporter of the News and Courier terms "the most! "disgraceful scene ever witnessed in j "the Senate Chamber of?oulh Caro"lina." Governor Kennedy we be-1 licve to be one of the most conser-j vative and most polite men in the' fttate, and when we read of his irritu-j ting a poor unfortunate Senator) against whom he had ruled, and' against whom the prejudice of our! whole people is arrayed we miss the' larger heart and kindlier hand, which j we have ever believed he possessed. We have no words of excuse or pallintirtti fnr Senntor Fishhurne's deser-l tion of the Democratic party, but we cannot endorse any persecution of hitn on that account. We condemn the' persecution?if persecution it is?be-: cause persecution is wrong in itself.: And we condemn it, because it will, if; this policy is pursued, materially in-1 jure the prospects of the Democratic ' party. A system of terrorism will 9iot succecd permanently. The best Way to succeed is to do right, and the fcest way to perpetuate a political par-! ty is to be just. Many good men in ^this State are sorely aggrieved at the: passage of the stock law, and if we have not the sympathy and co-operation of that class of our citizens wt may next fall find it hard to elect our candidates. + 4* T>ati PiMnr*? nf SJonnlnr Fi?Jihiirn<v. "**" * ~ " I AVe maybe arguing our own ignorance, when we state that we know, very little of Senator Fishburne, who J has recently sprung into prominence, j The Greenville News seems to know j him well, and furnishes its readers! with the following pictures of the pa-, tient "before and after taking" on hisj present "Independent" proclivities; I BEFOKE. i AFTER. " Eob" Fish-! Now he is a burne a few years wreck, with his! ago was a frank, ^ood fellowship1 jovial manly man, turned to swagger-! a warm friend, aing bitterness, his! generous foe. loyalty to shifty! While occasionally political dodging.) overbearing a 11 d His nature seems, arrogant, he asked to be entirely no consideration changed, and the: he-denied to others, only remnant of j and had a high what he was is the! sense of personal courage that wasj honor, and an un- born in him. Wej failing gratitude can not believe; for any kiudness?nything except) <done hftsn. He that his brain isj would laugh cheer- temporarily or per-; l/i tliA vnnimittlir itnnroil U..J. ... l.iV, .V.., J face of death; ami A in b i t i o m and never stopped to^reed could never' count the cost or have effected such the odds v hen trans formations, friend or cause was The only defence to be served. He of his recent con-; was the livingcav-duct is insanity, alier loving and and we believe that hating frankly, defence to be good, swearing roundly, We certainly hope: drinking stoutly,so most sincerely, fighting hard, tak-j ing little heed for the morrow, ever loyal and faithful! to trust and principle, honest, true as! steel, and chival-j rous. "The game: cock," he used to be called, and few could feel the! close pressure of his hand,and look; into his unfaltering and kindly eyes without Jik-J ing and trusting! him. The Election Law. In another part of the Frets and\ Banker we present some of the uiore important sections of the Registration ; law. As a new system of voting has j been inaugurated it might be well for our readers t!> preserve this copy of the! paper for future reference. Our read-! ers are aware of our opinion of the J law as a whole, but we may be par-j doned for remarking on one or two features of that law which so compli-! cated the work of voting as to confuse; even a reasonably intelligent voter to J say nothing of that class of voters who can not read. Iiigbt boxes are to be prepared in which to vote for olli-, cers, and u uintlt is to be added on I special occasions. The tickets are to' be exactly of the same size and color, J ami must he printed or wiitten in black ink, aud no vote is to count which may be put in the wrong box I through mistake or ignorance. If the' voter should feel disposed to scratch any one of the many tickets which he is to cast, he must not use a pencil,! but have blqck ink. Let the voter read the different sections and see il he cau make out how to vote. The Shadow of IlicGallows' K-JVITKAU SENTENCED TO DEATH* Mis Last Speech?To be Hanged on 1 ho 30th of J urn:?Scene irt the Court-House. \\ \suix?.ton, February 4. ?After Ihe' motion forancw trial had been overruled, j Gniteau, \vh? bad beer, permitted to re-j sumo his seat at tho eonnsel table, called I out: "If your Honor please, I desire to i ask if there is any motion that I ought to make to rescue my rights." ScovillO tried j to prevent bis speaking, but he irtortcd : | "Wi ll, I don't want any advantage taken of mo. I want to know how much time! I shall have to prepare my appeal to the Court in banc*." j Sooville: 'Tleosc keep quiet, we havg't reached that yeu" (iuitoau: (with much excitement) "I! won't keep quiet, 1 in hero and I propose,, to do mv own taiking." i! .Fillip; Cox then informed Sovillo of the rules of practice 'Applicable to the fil- j ins of his exceptions, and after this mat- , tor had been arranged, Col. Corkhi!) re- !' nowed his motion, saving: It is now my duty to ask lor the sentence of the Court. Judge Cox, to the prisoner: ".Stand1, up. Have you anything to say why sen-1] teuee shall not now he passed upon you ?" 1 (iuiteau, still sitting: ' "I ask" your' Honor to postpone sentence as long as possible.*' , Judge Cox: "Stand up. Ilavo you , anything to say why sentence should not i now ho pronounced upon yon?" j, The prisoner then aroso, palo, but with ' lips compressed and desperate determina- j tion stamped upon his features, and in a low and deliberate tone began, but soon Ins manner bceamc wild and violent, and ! pounding upon the table he delivered ! himself of the following harangue : i( "I am not guilty of the charge set forth |, in the indictment; it was (iod's act, not mine, and tiod will take care of it, and | don't let the American peoplo forget it. He will take care of it, and every ollieer! of this government from the Executive down to tiiHt of marshal, taking in every man on that jury and every member of this bench will nav for it, and the Ameri can nation, will roll in blood if my body! goes into the ground and I am hung.} The Jews put the despised Galilean into the grave. For a time they triumphed, i but at tho destruction of Jerusalem, forty | years afterwards, Almighty God not even i with tlicm. I am not afraid of death. I am here as God's man. Kill me to-morrow if you want, I am God's man and I have boon from tho start." J in Ige Cox then proceeded to pass sen-! tence, addressing the prisoner as follows: I "Vou have been convicted of a crime so j terrible in its circumstances, and so far reaching, that it lias drawn upon you tho j horror of the whole world and the ex-j cerations of your countrymen. The excitement produced by such an ofl'ence made it no easy task to secure for you a fair and impartial trial, but you have had tho power of the United States treasury and government in your service to protect your person from violence and to procure evidence from all parts of the country. You have had as fair and impartial a jury as ever assembled in a Court of! justice. You have been defended by, counsel with ze.il and devotion thai rner-! its tho highest encomium, and I certainly j have done my best to secure a iair pre-: sentatiou ot your defence. Not with-! standing all this you have been found { guilty. It would have been a comfort to manyi people if the verdict of the jury had es-i tablished the fact that your act was that of an irresponsible man. It would have left the people the satisfying belief that the crime of political assasmation was something entirely foreign to the institutions and civilization of our country. But the result lias denied them that comfort. The country will accept it as a fact that! that crime can be committod, and the Court will have to deal with it with the | highest penalty known to the criminal .code, to serve as an example tc others. Your career has been so extraordinary that the people might well at times have doubted your sanity, but one cannot but believe that when the crime was committed you thoroughly understood the nature of the crime and its consequences, (Guiteau ; "I was acting as God's man,") and that you had moral sense and conscience enough to recognize the moral equit3r of such an act. (The prisoner: "That's matter of opinion.") Yqur own testimony shows that you recoiled with horror from the idea. You say that you prayed agamst it. l on say mac vou ; thought it tnigh' be prevented. This! shows that your conscience warned you against it, but by a wretched sophistry of your own mind you worked yourself up against the protest of your own con-1 science. What motive could have induced you to this must bo a matter of conjecture, probably men will think that some political fanaticism or morbid do-1 siro for self-exaltation was the real inspiration for the act. Your own testimony seems to controvert the theories of your counsel. They have maintained, and thought honestly. I believe, that you were driven against your will by an insane impulse to commit the act, but your testimouy showed that you deliberately resolved to do it, and that a delil>erat*e and misguided will was the sole impulse. This may seem insanity lo some persons, but the law looks upon it as wilful crime. You will have due opportunity of having any errors I may have committed during the course of the trial passed upon by the Court in ban?, but meanwhile it is necessary for me to pronounce the sentence of the law, that you be taken hence j to iho common jail of the district from) whence you came, and there kept in.con- j finement, and on Friday, the 30th day of j June, 18S2, you be taken to the place of execution, within the walls of the said i jail, and there between the hours of 12 M. I and 2 P. M. you be hanged by the neck j until ycu are dead, and may the Lord have mercy m your soul." During the reading (Juiteau stood apparently unmoved and with his gaze riveted upon the Judge, but when the flnal words were spoken he struck the table violently and shouted, "And may the Lord have mercy on your soul. Fd rather stand where I do than where that jury does and where your Honor does. I'm not alraid to die. I stand here as God's man. God Almighty will curse every man who has had apart in procuring this unrighteous verdict. Nothing but good has come from Garfield's removal, and that will be the verdict of pos teritv. On 1113' inspiration I don't caro a snap for thd verdict of this corrupt generation. I would rather a thousand times be in my position than that of those who have hounded mo to death. I shall have a glorious fight to glory, but that miserable scoundrel, Corkhill, will have a permanent job down below, where the devil is preparing for him." After apparently talking himself out the prisoner turned to his brother And v ithout the slightest trace of excitement conversed for some minutes before being taken from the Court-room. THE PUBLIC SCHOOLS. Rules and Regulations for Conducting tae Public Schools for Abbeville! fountv for the Tear 1SS2. 1. The Public Schools for white and colored ' pupils rcsjHjctlvely. shall be located by the; .School Trustees of the respective School Dis- ; tricts us conveniently us possible, so that all tie children entitled to the Public School fund can punctually attend. The County Board recommends that the Trustoes placc < the Public Schools as Tar as practicable from the boundary line of the County and School j Districts, so as to prevent the transference of > pupils of one County and School District to ! < another. p 2. The pay of Teachers in Publi-c Schools ! shall be according to grade of Certificate. I; First Grade, Twenty-Four Dollars; Second Grade, Eighteen Dollars; Third Grade, Twelve Dollars. 3. The Public Schools shall be continued as | long as the Public Scliool fund will warrant, i 4. The Public Schools shall open on Mon day, ltith January, IH&X 5. The minimum average number of pupils j in actual attendance, that shall entitle a Teacher to lull pay in the rural School Dis- j trlctsshall be fifteen; for Incorporate towns' and villages, twenty. In cases where the I number fa'ls below the minimum the Trustoes will nav u tier rjinitji. Khan* fifths nuv: I The Trustees ai*l Teachers will remember j that the Scholastic age of children is from six i to sixteen. !. 6. Pupils transferred from one School I)ls-' trict to another by the consent of the Trustees ! of both School Districts will bo paid fur by the School Fund of the District to which they | ( belong, per capita according to the number of pupils attending the School. 7. All Teachers shal! be required to enter into contract, signed by tln-m, and all or a; majority of the Trustees, before receiving pay : from the Public School Fund. 8. The School Trustees of the respective 1 School Districts will hold a meeting of their > ] Board several days before the opening of their schools, at which time and place, they j | shall designate their Schools and elect their 'feacuers. 9. The School Trustees will promptly notify 1 tlic IVaehers of their respective School l;i>>- ' trictswhen the Schools arc to close, and re- 1 i.i.rl r I,/. >..1,11. I,, tlw. S.-liiwil I'lilllIlliuvllitllT I J:. COWAN, M. L. BONIIAM, Jr. K. N, Pit ATT, Examining Hoard. | Dee. 2*. 1^1, it - i( A small afi'air having assumed the most immense proportions ( we add a few headlines t<> the Co- 1 lumbia articles, so that they may to- , Set her lake place with the AY w \ York Herald's famous story about the 1 animalsgetling lou^e in the Park. The Approaching Storm,| i ANGRY SENATORS. Words of Contempt "Which Were Not Intended to Insult* Specimen .Warrants of Arrest?A Sen-i ator in Jail?A Proposition of. Peace. and Couri'r.] Columbia, January 31.?'The difterencesexisting between Messrs. Fishbnrtie and Sniythe originated in certain language used in the Senate on last Friday in. a dehate n?>on the bill givint* the Entaw Phosphate Company the right to build a tramway from their works across and nlong a certain public road to connect with the Sonth Carolina and Northeastern Kail roads. This bill originated in the <- > ? - ?l,o TTr.ncn ! r-M'Iliilf, >> <1.-5 jiu.^ma ?IUM ntuvi-nuv is . The FIoUrp amended by striking out Hie, words "niul along" and returned (lie liill to the Senate for concurrence. Air. Smythe moved that IFio Senate refuse t<j concur in this amendment of the House,1 nnd upon this motion there was some debate. Mr. Fishbiirneopposed tho motion and made a speech against the policy of giving to private corporations the riirlit to | build railroads along the public highways, j upon the groun that it was taking away j the rights of tho people for the benefit of corporations who wore able to buy the: right of way for the construction of their railroads or tram ways without other con-! sideration than the convenience and profit I of wealthy monopolies. While Mr. Fishbnrnp was speaking Mr. j Smyihe interrupted him and asked if he | knew where the works of the Kutawj Phosphate Company were situated. Mr. i Fishburne said that he did not know the] exact location, he believed they were; somewhere 011 the Cooper River; but he j opposed tho provisions of the bill upon j the broad principle that it was wrong to! vote away public rights for private train, 1 and that the General Assembly could not; grant the authority asked lor in the bill j without doing an injury to the people of tho section through which tho road in question passed. Mr. Sniythe, in replying tothcremarks of Mr. Fishburne, said: "Tho Senator from Colleton has acknowledged, Mr. President, that he does not know what he f' nh/Mif *% Imrnn r*nn Mr ' burne rose from iiis scat and excitedly [ exclaimed, "I acknowledge no such thing, j TJiat is false. Senator Smythe, after a pause, said Hint' In so far as the remark of tlio Senatori From Colleton was an airront to the Sonate, he left it in the hands of the Senate. But in so far as it might beheld an affront to himself, ho had only to say that nothing could insult him that came l'rom the Senator from Colleton. M r. Smythe then went on to explain his motion. Mr. Fisliburne then rose to his feet, and after a few remarks upon the matter under discussion, said: "With reference to the personal remark of the Senator from Charleston I have only this to say, that I ] will just consider thi8 source." The motion of Mr. Smythe was then' passed, and a eonuniltee of conference! was appointed to adjust the differences bo-; Iwecn the two houses. Mr. Fishburne consulted with several \ of his friends in the Senate, but nothing I further transpired during the day in ret- j erence to the difficulty between the two j Senators. On Monday just as the Senate adjourn- ! ed and about two-thirds of the Senators | had retired from the chamber, Senator i Fishburne walked slowly across the room j and stood up at the side of Senator j Smythe's desk. After looking intently at Senator Smythe for nearly a minute, Mr* Fishburne said, in a very loud voice, which could bo distinctly heard all over the Chamber: "Senator Sinj-thc, I have come here in the presence of tiiesc gentlemen to demand that you retract the words you used in the Senate the other day, in which you said that the Senator from Colleton did not know what he was talking about." Senator Smythe thereupon rose, but continued to look over his papers. Replying hi a tone which could hardly be heard, he said: "The words I used were in reply to language used by yourself, and I have nothing to withdraw." Senator Fishburne advanced to within two feet of Mr. Smythe,and said: "Senator Smythe I demand from you, sir, an answer. Do you not withdraw the remark you made in the Senato on Friday in which you said that the Senator from I Colleton did not know what he was talking r.bout?" Senator Smytho made tho same reply : "My remark wa.s called forth by language from you, and I have nothing to withdraw." Senator Fishburne grew still more ex- j cited, and placing himself directly in i front of Senator Smytho he said : "That | won't do, Senator Smythe. I demand aj categorical answer. Do you withdraw j what you said? ' Senator Smythe laid down his papers and, pushing hack his broad-brimmed DiacK nai, lie looiceu oenaior I'isnuiire 1111 tho face and repeated what he had already said twieo. Mr. Fishburne seemed to grow more excited every moment, and as ho repeated his demand again and again ho emphasized his words by striking his right list into the palm of his loft hand. Senator Muller then walked over to Mr. Fishburne, and taking him by his arm said : "Senator Sinythe had no intention of insulting you. Come with me and don't have any ditliculty. Senator Fishburne drew his arm angrily ?way, and replied: "Let Senator Smythe speak for himself. Did you, sir, intend to insult me by your remark?" Senator Smythe said : "I have no hesitation in saving that I had no intention of insulting you. I would avoid insulting anyone wilfully." "Then, sir," said Senator Fishburne, "doyou withdraw the language used by you in the Senate on Friday?" Senator Smythe said ; "I have already said that I have nothing to withdraw, and even if I was inclined to do so, 1 certainly would not do so under a threat or in compliance to your demand." "Then, sir," said Senator Fishburne, "do I understand you to say that you do not withdraw your remarks? Let mo understand you, sir! Do you refuse to j tiMthrlruiir u-hnt tfAii 5r? rlwi Untioln mm I Friday? I am determined to have a rat- j egorical answer, sir, and I propose to use | brute l'oree, sir, to compel you to give me an answer. By your tricks of law you j have prevonted me from pursuing the j course usually adopted by gentlemen in j such matters, and I am determined, sir, I that you shall not pass through that door! without giving me a direct answer, unless j you pass over my dead body." (senator Smvthe, taking up his papers, I made a movement as if to start from his j seat, and Senator Fishburue again said : "Doyou withdraw what you said, sir? I > am not armed but, I propose to use brute j force to compel you to ?ive mean answer j oneway or the other. If yon refuse to! withdraw your words I will then know what to do." Senator Sraythc, who exhibited little or | no excitement throughout tli? wliolo of the very trying and disagreeable scene, | placed the tips of his lingers in the side j pockets of his pants and repeated, "that whatever he might do under other cir- j cumstances he did not propose to bo in-1 lluenced by threats." Here the" matter rested until this morn- j ing, when a warrant was issued for Sena- | tor Fishburne by Trial Justice Marshall | upon the following affidavit made by Col.\ award Alcurauy, Jr., 01 inarlcston. LOOK AT THIS AFFIDAVIT. State of South Carolina 1 County of Richland, j Personally appeared before me, J. Q. Marshall, Esq., a trial justice of the said count}' and the said State, JOdward MeCradv, Jr., who being duly sworn says, that he has been informed and believes that at Columbia, in the county and State aforesaid, on the 30tii day of January, | 18S2, one R. C. Fishburne did feloniously j threaten to take the life of A. T. Smythe, and that this deponent is apprehensive that the said R. C. Fishburne will do the ! said A. T. Smythe bodilj* harm if he is I not made to give bond to keep the peace;! wherefore this deponent asks that the said ! R. C. Fishburne may be made to give I bond to keep the peace, and that he doth ; not ask the peace of him for any malice, | vexation or revenge, but for the cause! aforesaid, and that Gen. James F. Izlar, J. \ K. Blackman anu John 1). Kennedy are wmiesses 10 prove tue iacis auove siaieu. Edward McCrady, Jit. Sworn before me the 31:it day of January. J. Q. Marshall, Trial Justice. ! This warrant was placed in tiie hands of Sherilf Rowan lor execution. At hallpast 10 o'clock he went to the residence of Mr. James 10. Turner in Pendleton street, where Senator Fishlmrno boards, Mr. j Fishburue was still in bed, but got up at once, dressed and accompanied tho sherilf; to the office of tho trial justice, passing through the State-House, where ho stop- j ped for seveial minutes to speak to lnsj friends. On reaching the magistrate's office Sen utor Fishburue asked that tho warrant be! read to him, which was done. Jlo then | said that tho wrong man had been arrest- j pd.that ho was not "II. Fishburue.' The trial justice told him that he had been j sufficiently identified as tho party intend-; ed in the affidavit, and to this Mr. Fish-! buruo desired tuat Ins exception should be noted. Gen. Jas. F. Izlar made tlie following! affidavit upon which Trial Justice Marshall issued a warrant lor the arrest of Senator Smythe: AND TITKN I.OOK AT Tills: stath ok Socth ('aiiolixa, i cuirxty Of i'k'll i.a.Nll, ) Personally appereii before mo, J. Q. Marshall. Esq., a Trial Justice of tin? said county and the said State, James F. Izlar, who bem;* duly sworn says that he is inforired and believes that at Columbia, in the eouhtv and Statealbresasd, on tlir ."Otli i Jay of January, liSSU, there was an altercation between Robt. Fishburne and A. T. Smythe, and there is likely to oecur a breach uf the peace arising therefortn. if the said parties are not required to keep [lie peace; wherefore this deponent asks that the said A. T. Smythe be required to . ntcr into bond with sufficient sureties to keep the peace, and that ho does not ask the peace of him for any malice, vexation or revenge but lbr tho cause aforesaid. .Tas. F. Izlar. <s Sworn to before me this31st day of January, 1S82. Q-. Marshall, Trial Justice. Proceeding to the State-llouso Sheriff Rowan sent into tho Senate Chamber for Mr. SinyHie, mid upon his appearance i served tiio warrant in duo form. Accoin- j panied by Mr. Smtyho ho mado his] return to the magistrate who read the warhint to Mr. Smythe, telling him that hej would be released on a bond of $.1,000 to keep tho peace. Mr. Smvthe then left theoflice in charge of a constable to secure t his bondsmen, and pending further pro- t eeedings in the case Col. McCrady and Gen. I/.lar appeared before the trial justice t and formally withdrew their affidavits, 1 saying that tlioy had only been actuated < by a desire to keep the peace, and that as s tliev had been informed the difficulty |s could be amicably adjusted without fur j r ther intervention of the law they did not I' feel warranted in pressing tho matter. | ( Senator Kishbu rue objected tothis mode! < of procedure, and asked the trial justice i to give a rutiiigupon thequestion : If af- | tor having been charged with an attempt | i to commit a crime the charge could be , t withdrawn withon;a full investigation 01 j the ollenco charged in the affidavit. lie! said that lie had been draped from his;s bed and paraded through tho streets of; ?j the city in charge of the sherill' of the J i comity like a common felon,and he want-11 ed to know if, alter having been suhjeetcd ! ( t<? such indignity, the charges against him | < could he lightly dismissed upon the more; I request of tho party making the allidavit. 1 upon which the warrant for his arrest had j I been based. I< The trial justico ruled that as theji charges had I teen withdrawn, there was'* 110 case before him upon which to net, and ' 1 I10 therefore dismissed the prisoners from 11 further custody. 1 About 4o'clock this afternoon Senator| Fishburne went to Wright's Hotel and ' sent his card u,? to Trial Justice Marshall. ? When Sir. Marshall came down Mr. Fish- 1 gtirne told him that I10 was not satisfied < with the disposition of the case made by < him in the morning, and that lie desired ' to be arrested and committed to jail in order that he might have the privilege of j' testing the right of Col. McC'rady to with-1' draw the allidavit upon which lie (Fish- | burne) had been arrested. 1 Ie also stated j j that ho intended to do bodily harm to,! Messrs. Sinythe, McC'rady and Izlar 1111-j less he was put under diiress. Mr. Mar- j shall told .Senator Fishburne that, if such {i was his intention, it would be his duty as! a peicc otlioer to require him to give a || bond to keep the peace or commit him to j jail in default thereof. 11 Senator Fishburne accompanied Mr. Miirsliull to the sheriffs ollice, and in thej presence of Mr. JO. R. Arthur, clerk of! the Court, Mr. Samuel \V. Rowan, sheriff! of the county, anil Mr. L. T. Levin, Jr., J deputy sheriff, reiterated the statements j made to Mr. Marshall, and said again that; if ho was not arrested and put in jail lie' would do bodily harm to the gentlemen j already named; .vhereupon Mr. L. T.| Levin* at the request of Mr. Fishburne, made affidavit to tho above stated facts, n and thereupon a warrant was issued. An examination was held and Mr. Fishburne required to give bond to koep the peace in tho sum of $2,01)0 or go "to jail. Mr. I Fishburne declined to give the bond, "in i order,'' as he stated, "to test the legality ! of the question"' whether Col. McCrady had the right to withdraw the allidavit upon which lie had been arrested without ! an investigation of tho charges contained in it. Mr. Fishburne was then turned over to the sheriff and given until 8 o'clock tc secure his bondsmen. Not having inadei his bond at that hour he was committed to jail. The following is a copy of the letter handed to Mr. Fishburne by Col. Farrow , in the Senate: a rnorosition for an adjustment. Columbia, S. C. Jsnuary 30, 1882 j [ Hon. Robt. Fishburne, Dear SirRegretting the unfortunate misunderstanding that has arisen between Senator J Smythe and yourself and feeling conli-1 dent that there is no good reason why it; should not be satisfactorily and honorably adjusted by a reference of the whole i matter to disinterested parties, as a mu-j tual friend of both I write to each of you requesting each of you to name some friend with whom I may confer with a i view to a settlement of the matter. Very respectfully, yours, Are. T. Srono Far now. A similar letter was handed to Mr. Sinythe by Gen. Izlar at tlio request of Col. Farrow. Columbia, Febuary 1.?Mr. Fishburne remained in confinement until about 5 o'clock this afternoon when he was released upon entering into bond before Trial Justice Marshall in the sum of $2.000 to "well and truly keep the peace ol the State and be of good behavior towards all the citizens thereof, and especially towards A. T. .Sinvthe." The sureties upon the bond arc Dr. If. E. P.issell, of Colleton, and Major John Jenkins. Dr. Dissell justilicd in the amount named in the bond. The News and Courier.?1SS2. The Xrnvs and Courier, In the Ncxv Year, will have no other object than to help tlic people of South Carolina to manage their own affairs in their own way. To this en<! it will encourage the expression of intelligent opinion on subjects of general interest, and strive to be the means of laying before the whole Stale the views ol those who have something sensible to say, and know how to say it. The Sews uud Courier will not be a passive spectator oi l events. It will utter its opinions frankly and | freely, bat, holding that what is wise and true h;is nothing to fear from analysis and discus- j ston, it will never seek to strengthen its own I position by suppressing the opinions of those! who honestly uilt'er from it. vi>? Van.. ?u/f rviKitVr with ohp nxpention. I Is tlie only newsprper in the South Atlantic Slates which receives > lie whole of the .Southern dispathes of the New York Associated | Press, and tills service will be supplemented l>y special dispatches from every part of the I State and the United suites. Recognizing the importance of giving the people the earliest and most accurate Inlelli- r gcnce In State ntid National atlalrs, Tlie yeus j and Courier will assign one of the most trusted ] and most capable members of its stall to permanent duty at Columbia, and has stationed at Washington the gentlemen who earned golden opinions while on duty at the Stale, Capital. This will be a year of ferment and j possibly of change iu South Carolina, and i what the people require is to have all the I news, without tear or favor, and no matter | whom It helps or hurts. The Resident Cor-j respondent of the yews and Courier at Colum- j bin will give our readers information concerning men ami things which can he obtained in ' nu other newspaper. In like manner, the) Resident Correspondent of the A'cwa ft ml; Courier at Washington, ha\ ing 110 oilier news- j paper to serve and being nobody's henchman, | will beiu position to report impartially'the j progress of events and the acts of public men. 1 The great ell'ort of the ycus and Courier will | be to get the most news, and to got it lirst and in the best shape. I he purpose is to make It j a newspaper that no businessman, 110 planter or farmer, 110 person interested in public af-1 lairs can afford to do witnout. The Sunday yews will retain its social and literary character, I11 connection with all the! news of the day, and the discussion of home subjects of local import and application will be ; continued. Hereafter none of ihe news pub-1 lislied in tlic {Sunday yews will be published ' in t he yews and Courier. a he 'J'ri- Weekly edition of the yews and Courier will be Issued as before, giving the! reader the news contained in the A'cwx and! Courier, with slight exceptions, at one-halfi in*: j 'i h it. The Weekly Xcus will bo greatly improved.! 1 he Clie.is column anil the Agricultural department will be continued. 1'uzzles and Problems for young and old will be ji permanent tea Ml e, beginning with llie Mew Year and in ? few weeks we eliali begin ill*! publication of "Ten Terrible Tales" by an English author of established reputation. Arrange* incuts have been made likewise for n Serial Stoiy by a South Carolina author whose works have attained great popularity in Northern periodicals. Theie Is not anywhere in the South a belter advertising medium than the Kewa and 0>uritr, and in South Carolina it has ihc advertising lii-ld, outside of the entluential weekly ; | press in the country, virtually to itself, ltj goes into every part of South Carolina and of J the United States, and has reached a com- j manding position w ith the reading public. The terms of the aViuv a nil Qjitritr aic as \ follows: TUB NEWS AND COUKIEH One year S10 00 | Six months 500 : Three mouths a 00 THE SUNDAY NEWS. One year 2 00 Six months 1 00 j THE XKWS AN1> COCK IKK TK1-WEEK l.V One year 5 <0 Six inuiitlis - 50 Tlirco iimiitlis 1 50 THE WEEKLY NEWS. One year 2 iW Six months 1 00 j MARKET REPORTS. AHItEVII.I.K ('. II., S. Cotton?to lo-^stains 8 to 10 ISncon, Hams lb. lti;';j i Paeon, Sides II). 12 Bacon, Shoulders ll>. 10 ! Lard lb. ! *? ! Corn I'll. 1 00 Pens hii. 1 (K) oats I m. 1 00 Flour ewt. 500 5 ".it Fodder cwt. I?1 1 Oil j Sweet Potatoes bu. 00 75 Irish Potatoes bn. J 50 Ulee ...lb. 10 | Butter lb. 20 K}?KS doz. '2J<! Turkeys |ir. 150* (Jeoe pr. 75 Chickens each 15 25 < Beeswax lb. 15 20 Beef. lb. S Pork lb. R 10 Tallow lb. G 7 Hale Ko|><\ Manilla lb. 1% Candles, Sperm It). 25 30 Candles, Adamantine lb. 15 20 Cheese lb. 20 Cofl'ee, Klo lb. IS 25 t once, Java id. -j.> -in j . Hay cut. 1 00 j littles. Dry lb. 10 12 J Hides, Green lb. 5 t> , Molasses, Cuba gal. 40 45 j! Molasses, New Orleans gal. 50 75 | J Nails ib. 5 Oil, Kerof-one gal. 20 !' Oil, Machinery gal. 75 shot l ag 2 fri ; salt saeic 1 :!5 ;' Soup lb. 5 in ; sugar, ('rushed lb. 12 j agar, Powdered lb. 12'w . Suiiar, C White lb. II 12V. * Sugar, lirowu lb. !i 111 " J starch Ib. I! K ' Sea. iSrecn lb. 75 1 i n i Tea, l'.laok lb. do 75 i Tohaeeo, ri'fwing Ib. -10 75 Ji Polmreo, s'lioking Ib. (i5 75 < T nejar, ei>ler gal. -10 HO ! Vio Points lb. 10 1 - ? ?*2>? ? Evkkytiiino will bo closed out at I cost to make room Air the laige spring stock I expect to get in. Thanking , the public very kindly for the large patronage they have extended to me. t I expect to increase it l?y strict honor- c able dealing and giving genuine bar-j gains. CliAKLES AUL'BJQACIX. jl The Combat Thickens. 1ENATOR FISHBURNE MAKES A SPEECH IN OPPOSITION TO THE STOCK EAW, AN!) IS PUSHED TO THE WALL. Declare! infos 1 tint Will not Down at| Anybody's Bidding, though the Orator May be Crushed to the Earth. [Register.} Columbia, Thursday Febuarv 2> At 1 o'clock Mr. Fisbburne called for lie special order for that hour. This was lie following: Bill to exempt and relieve, the Connies of Charleston, Colleton, Beaufort and Hampton from tlie operations of an Act ntitled "An Act to provide a general! itock law and regulate operations of the nine," and to require tiio County Commissioners of said Counties to build a! eneo on the boundary line separating1 )riingeburg and lSarnwcll from said! Joiinlies between the Janice and Savan-j lab lli vers. Mr. FishIjiimo obtained the floor and ...i.-iw.-t vik.ocIi in sunnort of ho bill, lio spoke substantially as I'olows: I rise to speak in support of this bill' ind ask the indulgence of tho Senate for' i lew moments while I state brictly why! t should pass. In advocating this mens-j ire I do with the purest motives which; wer actuated any man in the advocacy j >f any measure that he felt bound by the, ugliest duty to defend. The general stock aw which has boon passed is a hardship j .o the lower Counties. It is simply ruin,! ternal ruin, to my constituents who sent i ine here to defend their interests. 1 dis-j Jlaim any bitterness of feeling in this! natter, and in my intense earnestness ,o achieve my purpose I may err. I re-i uogtiize the fact, 111 all its solemnity, that! when I held up 1113' right arm and took a1 solemn oath to discharge my duty as a Senator I would be called upon to face many stern necessities, many unpleasant lulies. Hut I will not in the hour of ilanger dosert my people ami I will not shrink any duty which devolves upon me as a Senator or .as a citizen of South Carolina. I came liore to uphold by my voice and my vote the rights of my people, and I will do it. I will use all tho [Hirsuasive powers I possess to induce tho Senate to pass this bill. A great many men say that, because we have voted to pass this general stock law, we would be inconsistent to pass a bill such as the one we are now considering; that we cannot lco back on that Act and re-open tho question. JJut I would ask them, is ii, right to stick to a mistake? If a gross .vrong has been done, is it not better to undo it .lion, on the ploa of consistency, to stick to it ? This is the llimsiest of all arguments which arc urged against tho bill. It has 110' weight wha.ever, and ought not to receivo any consideration whatever. What I claim and insist upou is that this ?...... nii.i11 ],? ronnnnnd so lur as it bears Ui(UlCl OIKUI OV upon the Counties named in this l?ill, I cluiir. that it is neither wisdom nor policy to force "upon these Counties what they do not desire and what they ask to be relieved from. They plead for justice, for rightand for fairness* The intere ts of South Carolina are varied ; they are divcsifieil. What is good tor one part of the State is bud for another. What will be hailed with approval in Greenville will meet with condemnation in Beaufort. What will benefit upper Counties of the State will curse the lower Counties. But this fence law, disregarding this prime fact bears upon all alike. '* is good for some, but bad very bad, fou )thers, especially for those enumerated in the bill. Now these Counties, realizing that to force them to come under this law will be to hurl then) into hopeless ruin, have modestly come before the General Assembly and asked to be exempted from the provisions of the general stock law. They say their interests demand that the law shall not apply to them. Is not this a reasonable and just request? Is there anything in this to excitesuch violentopposition here ? In these counties it is a matter of bread. The people cannot live under such a law. We 01113' this in tho name of men who have done their duty to the .State and to the Democratic finrtv. These are the oldest Counties i j tlic ytate and possess men of intelligence and truth. These men have always dune their whole duty whether in peace or in war. The bones of their ancestors lie bleached in all parts of the world where they have gone at the bidding of the SL:ite. The Legislature should recognize the just claim of these men and heed thoir reasonable wishes, for they make only requests of the most reasonable character. It is not, I say. wise to force these men to live under a law which is a great hardship and bears heavily upon them. It is not a political necessity. Why, then force them to give up rights which they liavo enjoyed from time immemorial? We claim by inheritcnce that this law should not be imposed upon us so suddenly. We simply ask our rights, and betauso you have a majority in your favor you refuse to grant them. Ilecause a majority of the Counties of the State desire this law, von say tho other Counties must also have it, whether it is adapted to their wants or not. I insist that this law is not adapted to our wants. Are we dogs that we should bo treated in this wav ? I claim we are not. As I said be fore, I will, if necessary, get upon my knees and plead with you to give us this right. When you force such obnoxious measures upon our people you must expect the worst consequences. No people will submit to such tyrany. No people will live under such grinding enactments, You may well expect to incite a revolution if you force such an oppressive law upon our people. I warn you. Senators, before 3*011 cast your vote you better consider well what you arc doing. You now have an opportunity to allow excitement, to pour oil upon the troubled waters. Will you do your duty? Mr. Wylie said that*as a Senator, a law yer and chairman of the Judiciary Committee he felt it his dutv to move to strike out Section 2 of the bill. Tliis section provides for the levy and collection of a tax upon the people in the counties named. Article 2, Section is, of theStule Constitution explicitly says that all measures for raising revenue shall originate in the House. Tho question is, does this section propose to raise any revenue? If it does it clearly is in violation of the Constitution and we are bound to vote against it. Mr. Fishbnrno said in reply that tho section did not propose the raising of any revenue. It simply, said that a tax of blanks mills should be levied for the purpose named, but did not specify the amount. This, then, was not a measure to raise revenue. The House would have to lill out these blanks and that would he virtually originating the measure in the House. Mr. Harllee made ajstrong speech against the passage of the bill. Mr. I'ishbnrne again spoke at some length, insisting that the bill should pass. Ho said that only 0110 member of the House was in favor of thestock law; that fifteen out of the seven teen members from Charleston were opposed to it; tnat tne whole of lieanl'ort county was willing to be taxed to be relieved from this onerous law; that Hampton and Colleton were in tlie same condition ami would cheerfully pay the necessary tax. There are twenty-seven legislators from these three counties in favor of allowing us what we ask for, and there are only live opposed to it. Is this not strong proof that our people want what is asked for? These three counties contain enough cattle to iced the entire State for years to come. They possess more live stock than all the other counties in South Carolina contain. We only ask the right to be taxed to build this fence. Our rights aaj in the balance. Do not compel us to rush all at once upon tho market with our catlled and sacrifice them. We ask this and demand it. We only desire time. Don't force upon us ibis extreme measure. On motion of Mr. Smythc, who followed up his motion with a brief speech, Charleston was excepted from tho bill. Mr. Dradley then moved that the enacting clause of the bill ho stricken out. \f ? l.'iuli luienrt in <Ir>m*inrlincr tlin vpjis and nays, said, with groat veheuieneo: "J ask you to he very particular about what you are going to do. Consider well before you vote to strike out the enacting clause. Thero are grave consequence.-* dependent upon your vote. IT this Kenate, which is considered a dignified, grave, deliberate body, so far forgets its duly as to tako this step, I warn you the result will be disastrous. Don't do it, gentlemen. Give us a chance to live here in our native State. J1 ere the debate ended, and the Clerk proceeded to call ihe roll. The following voted in the alliriuative on the motion of Mr. Bradley to strike out tho enacting clause of the the bill: Messrs Bradley, Cray ton, Gail lard, llarlleo, Islar, Lartigtie. Me.Call and T. J. Moore. In tho negative : Messrs. Bcatty, Brown, Byrd, Callison, C'oker, Ferguson, Fishburne, Henderson, Jeter, Kinslor, Maxwell, McQeen, Miller J. W. Moore, Muller, Perry, Sanklm, Soigling, Smythe, WalKer, Williams and Wylie. The further consideration of tho bill was deferred until to-morrow, at 1 o'clock, when it will come up as unlinishcd business. A Jlengrc Account. Fkiday, Fobuary 3, 1882. The Senate met at 12 M., President. Kennedy in the chair. A concurrent resolution that the Oenord Assembly adjourn .sine die on Thursday, Febuary tub, was received from the House and concurred in by tho Senate. Tho second special order was called up. Fhis was the bill to relieve the counties of 'olleton; Beaufort and I lampton from the iperalions of the general .stock law. i.*: .I.I .. i.:.. -Ml. r iZMiuii I JJ'.7 tviu.uui iii.> ni'Mi ?yj >ass the bill ami spoke at soineJlen;;tli nitt with marked earnestness against the notion of Mr. Wylie. In spcuktiig on lie merits of the measure, Mr. Fishburne ] epeateil the aru;umenls employed hy him i esierday, which were fully reported in he Jt'cyistei'. While Mr. Fishburne was speaking tho nembers of the House of lJepresenlaives entered the Senate Chamber for the wrpose of ratifying Acts. When the ratilieation of Acts was concluded, Mr. Fishburne resumed his re-, narkson the bill before the Senate. Mr. T. J..Moore moved to lay the whole nailer on the table. The motion was carried by an overwhelming majority. The Senate then took a recess until 7.30 ;>.M. J A Big Day iu Columbia.; f HE "GOVERNOR" AND "BOBi" 1 Thb Former Defiantly Dispute the Word of the Latter The Latter (iivc.s the Lio ? And in Tnra is i Struck. Graphic Description of the Manner In which a Recalcitrant Senator is Pushed Over a Desk in the Senate Chamber. fifpccial to the yews and Courier, Columni?v, Febuary 3.?Tho most disgraceful seeno ever witnessed in the Senate Chamber of South Carolina oc-j cured to-day, during a debate on tho bill I to exempt tho Counties of Charleston, Colleton, Beaufort and Hampton from! tho operations of the general Stock law* I Mr. Wylie moved to strike out the J second Section of the bill, which provides: r.n-flin Ini'v nf ? unr>iMnl (iit tn Itllilfl tllfl boundary fence, on the ground that it was! unconstitutional for such a bill to origi-j nato in tho Senate. ' Mr. Fishburne opposed tho motion and spoke for an hour and a half in a rambling, and incoherent manner, lmrging into his remarks all sorts of irrelevant and totallvj extraneous matter. Ho was consequent-; ly told by President Kennedy that hoi was out of order in not speaking to thoj question before the Senate. Mr. Fish burn" was at last required to; take his seat, and a motion which had been ( made by Senator T. J. Moore to lay the i whole matter on tho table was adopted by [ ! a largo voto. The Senate then took a re- j cess unill half-past 7 o'clock this evening.! j A majority of the Senators at oneo left! [ tho Chamber, but quite a number of per-i I sons stood around in expectant groups,! i Mr. Fishburne, after the adjournment, 1 left his seat and, walking around into the I open area in front of the members' seats, j took his stand directly in front of Senator | McCall's desk. He remained perfectly still, with his eyes fixed on the floor be-j j fore him stroking his chin whiskers with I his left hand. As soon as bo had taken olf his orticial robes, (Jen. Kennedy took I up his overcoat and, putting on his hat, ; went down tho steps on the right of tho I President's stand. In order to reach tho j door of the Senate Chamber ho had to I pass directiv 111 front of Mr. Fishburne. j When he reached that point, Mr. Fish1 hurne said: "Governor, your rulings j have been very unjust to me. You have ! treated mo in an unfair and unjust way J between man and man." Gen. Kennedy j (looking Fishburne full in tho face) said : j "No, Bob, I have done no such thing. I i have been just as fair to you as f could be." ' Without another word Fishburne said i ] '*If you say that you lie." Gen. Kennedy ; at once struck Fish burn 0 just under the | left eye, and clutcliig him by the throat ! forced him back through the little aisln | separating Senators Byrd and McCall's | desks, antPoverturning Byrd's desk and ! bringing up against the .second row of I desks. ANOTHER ACCOUNT. : In which the llcgister Inadvertantly Speaks of "an Angry Altercation Between General Kennedy and Mr. Fishburnc." Drmonslrntive Evidence of the "(Jovcmor'i." " Excessive Indulgence " to 4,Bob." I "I Am not the President of the Senate ; Strike Me." Partial List of the Heroes. fi'Qistrr, Feb. 4. j During the discussion in the Senate ! yesterday of a bill to exempt certain ! fiinntins fwim the nnersitions fit'the iren era I stock law, Senator Fishhurne, who had advocated the bill with groat, zeal, became very cxcitcd when a motion was made to lay the whole matter on the table. He rose on several questions of privilega and made repeated points of order, which the presiding oflieer, General J Kennedy, politely but firmly overruled, i Mr. Fishburne, not satisfied with the rulings of the Chair, impugned the fairness and legality of his decisions, and esI saved to substantiate his position bv an i earnest speech, in which ho employed ! some very strong words derogatory of'the President. General Kennedy for some ; time permitted this violation of the rules, , to show the Senator that ho would not deal unfairly or arbitrarily toward him. I lie, however, gently rebuked him and asked him to desist. Mr. Fishburne, j however, disregarded hw admonitions I and continued to speak. Ho was repeatI edly called to order, and was finally comi mnwled to take his seat. I Tin: PEOPLE OF COLUMBIA BECOME CI NEATLY EXCITED ? SENATORS AND j OFFICIAL DION IT ABIES BU.SII TO AND FRO?TIIK EAOER CROWDS AROUND THE TRIAL JUSTICE REMIND US OF THE EXCITING DAYS '70, WHEN I HAMPTON CONTROLLED THE M17LTI! TUDE?THE CANAL FORGOTTEN, j Shortly alter the Senate took a recess, j and the members were leaving the chain| ber, their egress was arrested by an an| gry altercation between General Kennedy and Mr. Fishburne, near the latter's | di-sk. General Kennedy, upon coming idown from the stand, was confronted by Mr. Fishburne, who charged him with ! unfairness in his decisions. General | Kennedy denied tho accusation, declaring j that invariably he treated all Senators ! alike, and so far as Senator Fishburne I was concerned, had shown excessive m| diligence. Mr. Fishburne, very angrily, said. "You area da-mod liar." Almost [simultaneously with the utterance of I tlies^ words "General Kennedy struck I him with his list in the face. The two ) then clinched in physical combat, and I there was a scone of the wildest confivsir.n. The Serjeant-at-Arms hastened to j the spot, followed by a dozen or more 'Senators. The reading clerk, Col. A. 1). jGoodwvn, threw himself between the combatants, and said, "Iain not the j President of the Senate; strike me." The belligerents had by this tirno been separated. General Kennedy, in company with Senator Jeter and Colonel (loodwyn, quietly withdrew from the Senate Chamber. *A few moments later, Mr. Fishburne followed, overtaking them at the gate, when he prepared to renew the assault. As before, however, he was frustrated by the opportune inj tcrposition of Messrs. Jeter, Goodwyn, and others. Mr. Fishburne, not being | able to reach his adversary, heaped upon him the most abusive epithets. The | noise attracted crowds in Main street, ami excitement ran liign. THE NEXT COLLISION*. Colonel John C. Haskell, fearing that bloodshed might follow if decisive measi ures were not taken to prevent another i hostile meeting, repaired to Trial Justice i Marshall's otlice and made an affidavit ! that a breach of the peace had been com: milted by Air. Fishburne. A warrant for ] his arrest) was immediately issued and shortly thereafter was served upon Mr. Fishburne, who .submitted to arrest very willingly. BEFORE TRIAL JUSTICE MARSHALL. As soon as it was announced in the streets that Senator Fishburne had been I arrested and would have a hearing before Trial Justice Marshall, eager crowds (thronged the pavement in front of the 1 office. The crowd was largely augment! oil when Sheriff Itowan entered the court j room with the prisoner. A constable was deputed to arrest as material witnesses the following persons who were present when the conflicts occurred : Messrs. Jeter, Goodwyn, Clayton, and Patterson, After a half hour's delay, Constable Altec entered the court room with these gentlemen. Trial Justice Marshall read tho affidavit of Colonel John C. Haskell, and tufted the prisoner if ho was ready to | proceed with tho case. Mr. Fishburne j said ho desired the presence ol General ; Kennedy, tho principal party connected { with the'esise. Another short delay en'sucd and General Kennedy made hisapj pearanee. The defendant was asked by [some of his friends if he desired a lawyer ; to conduct his defense, and lie replied that jho would manage the case himself. The ! Trial Justice then read theallidavit again, I and the case was formally opened. Col. I John C. Haskell acted as prosecutor, ami | requested Col. A. 1). Goodwyn to lake the stand. COLUMBIA DIOX1TAHIES IN TRIAL JUStick couicr. ! Colonel Goodwyn was sworn and lesti; lied as follows: j "Immediately upen the adjournment of | the Senate this afternoon, before the meini bers had retired from the chamber, Cap! tain Fishburne accosted General Kenne| dy and accused him of being unjust in j h'i.s rulings toward him. General Kennedy replied that he had not. Thereupon Kishhurne called him a damned liar, and I Kennedy struck him. They closed, and panics sujJiinuuu uirin. vji'iii-iui i\tiuitj dy then walked out with Governor Jeter land myself. When we got as far as the j .State House gate wo wore overtaken by Fishbnrne, who cursod Kennedy very fuj riously. Kennedy was taken oft'by his friends and not permitted to resent it. ! Later, when wo were in Stork's restaurinnt, ho was again overtaken by Fish' burne, who asked him if ho was armed. Kennedy replied that he was not, and; Fislilnirno iiiinioiihiti'lv nitt hed in with his slick. The two olo.- ed and wore sop-1 united." Mr. (Joodwyn was then eross-cxamin-; ed by Mr. I'Mshburne, as fellows : Q. Did not both you and Kennedy, strike me in front of Stork's? A. i did not strike yon. ' (j. Do you state positively that I struck Kennedy ? A. Yes. You acknowledge that Konnoily struek ino ami you pmdied mo down?' A. Yes; I do. Colonel Thomas Ii. Jeter was next sworn, ami said: 'The Senate had adjournnd and half of. the Senators hail loft the eliainher. (Jen-' eral Kennedy eamo down from tlie pre-, billing uiliccr'a scat, and Mr. Fisbbunic' "IT V * . - ? Tivas standing in front of his seat, and frofn his position I thought he intended to sny something. When Kennedy came down some conversation, whicn I "did not hear, passed between them, then a blow was struck, and I ran there to stop the ' difficulty. They were separated, and I mine out with Kennedy and Goodwyn. Kishburno followed and overtook us at the gate and indulged in the most violent language toward Kennedy. When we j. got opposite to Stork's r heard some one say. Look out! or somesuch word, and 11' saw Fishhume within fifteen feet of us. I lie asked Kennedy if he was armed, and i ho said he was not. Then Fishburno struck over the shoulder of Goodwyn at Kennedy. I am not sure whether ho hit . him. I\cnnedy then made at him and thov met. I think the blow went over j - Goodwyn, who was between tliein. Fish* ( burne was borno to the ground, exactly i how and by whom I do not know." 1 Mr. Jeter cross examined by Mr. Fish- J burne: Q. In the difficulty in the Senate, which you have described, who sruck tho first blow? A. Kennedy struck first. Q. In tho difficulty before Stork,s who struck the first blow ? A. You struck, but I am not prepared to say who struck lirst. Col. B. F. Cray ton sworn : After tho Senate adjourned a majority of the Senate j had left and I heard a disturbance and I' looked around and saw in front of Fish-! burno's seat Fishburne born buck to-j ward the desk by Kennedy and Goodwyn. No licks were struck after I turned round. They were separated, and I passed outof State House in the rear of Kennedy. Jeter and Goodwyn. Just at tho gate they were overtaken by Fishbnrne. i Jeter, Patterson, myself and others remonstrated with Kennedy and urged him not to return Wo paswed on, and when near Stork's Fishburne passed mj'self and Patterson, overtaking Kennedy and Goodwyn. He asked Kennedy it ho was armed and the answer was, "I am not." Ho instantly raised his stick, striking over tho shoulder of Goodwvn, who threw up his arm and broke the force of the blow. They closed in, and my impression is Goodwyn pushed Fishburne to i tho pavement. When they were separated we urged General Kennedy to pass on along the street. Cross examined bv Mr. Fishburne : Q. In front of Stork's restaurant arc ! you sure that I struck Kennedy ? A. Iam not sure you hit him, but I am certain yon struck at him. Q. You are satisfied, then, that I struck Goodwyn ? A. Yes. Q. Was I not pushed down by them in front of Stork's saloon ? A. Yes ; I believe you were. At tliiu i 11 netnrr> Onnoral Konnedv who' ; had been an attentive listener, rose audi jsaid lie d? sired to be informed by the! Court for what purpose he had been arrested and brought there. / j It was stated by the Court in reply to! that question that ho had been brought at' i the instance of the defendant, who wished him to bo present. Col. Haskell remarked that General Kennedy was not a material witness and need not be detained. Thereupon that gentleman retired from the room. It was then announced by the prosecu| tion that the State would offer no further i testimony. * ITIIE PRISONER'S 'sPEF.cn IN OWN DEFENCE. Mr. Fishburno then rose, and with marked earnestness, spoke as follows : I will simply state in my behalf as a prisoner in your honorable Court that, according to all the evidence adduced by the State's witness, according to all the facts brought out, the probability is that I have not committed any breach of the peace. Take Jeter's testimony, when he says that he saw me borne down by KenJnedy and Goodwyn in the Senate Chamber. Take the statement of all the other j witnesses and they agree with hi in. Take I everything which has been uttered here j against me in this case,-and it all goes to ; prove that I was struck. There is no j particle of evidence before your honorjable Court that I have committed any I breach of the peace. I have only been j allowed the poor privilege of cross-ex jamming the State's ?vitnesses. Take every statement they have made, and in all conscience, how can it be shown that I have done any wrong ? In the name of (justice, how can you on this evidence commit me to jail to-night ? The State's witnesses have proved that I was pushed ] down by Kennedy and Goodwyn, but j there is 110 evidence to show that I was I the aggressor. It is true I may have used ! harsh language. I admit that", but I deny | thiit I have committed any breach of the peace. No one has sworn that I made the attack. It docs not appear from the statements given hero that I evor committed an assault upon Kennedy. It is a hard matter for a citizen of South Carolina, who feels that he has done no wrong, to 'be dragged before your Court on a frivilous charge like this. Now if there is any evidence to show that I committed an attack upon Kennedy, I am willing to go to jail, and there I will remain as long as (iod gives me life to resist this tyrannical action. The prisoner here concluded and sat down. TIIK COURT ASKS A SURETY IF HE DESIRES TO TAKE HIS NAME FROM THE PRISONER'S BOND. Mr. Jenkins, one of Ins bondsmen, was asked by the Court if ho desired, as had been intimated, to take his name from the bond. Mr. Jenkins read over all the testimony and then signified his ! purpose to withdraw from further resj possibility as bondsman. I The Trial Justice Takes a Position, from which He must Recede. "FOR MUSI NO THERE AN HOUR / LONE, .1 DRKAM'D THAT-GREECE MI011T STILL RE FREE." Trial Justice Marshall then briefly announced his decision to be that the defendant had forfeited his bond of ?2,000, j and it would be the Court's duty and only] course to commit him to jail, as, having | broken one bond, it would not be safe to I trust him on another, however large. The Court further stated that the only remedy Mr. Fishburne would have j would be to go bolorea judge on a writ of j habeas corpus. Mr. Fishburne then expressed a dssire to obtain the services of a lawyer, and he was permitted, in the custody of y her 111' Rowan, to go out for this purpose. Mr. Fishburne not having succeeded in j last night, was taken to jail. I Mil. FISHBURNE IS RELEASED A>'D MAKES AX APOLOGY. A New Fence Bond in the Sum of Two Thousand Dollars Furnished by the Offending: Senator's Brother and a Personal Friend. [ Xru.i and Osuricr.] OoMTMRi.v, February 0.?Senator Fishbii rno was released from jail to-day upon entering into a bond to keep the peace, | before Trial Justice Marshall, in the sum j of $12,000. Major B. F. (irilliti, of this city and Mr. F. ('. Fisliburne, the brother of j the Senator, becoming his suretiesAfter giving bond Mr. Fishburuo came lo the State House and took his seat in j the Senate Chamber about half-past 1 i o'clock. After remaining quietly lor | some time at his desk he arose and said : :"Mr. President, I rise to a question of | privilege." The President (Mr. Jeter in the ehairj j during the absence of Lieu tenant-Gover-: nor Kennedy:) "The Senator from Colj leton will slate his question of privilege." | Mr. Fisliburne: "Mr. President if I have done anj'thing derogatory to the | dignity of this honorable body I desire to j make ample apology for the same." Mr. Fisliburne then took his scat and | remained in the Senate Chamber during j the day. lie was in the Senate to-night J attending faithfully to his duties. Tho apology made by Mr. Fisliburne this i 1 afternoon being considered by soineofthc j | members as rather ambiguous, Mr. Larti-j j guosaid to-night: "I desire to state that i ! tlio apology tenueieu uy .ur. ri?uuunu: j this morning was designed by him to bo i lull and ample, and that I am authorized to make this statement." And here the ! matter rests for the present. What further I action will be taken is not known. i MOVED jTonntm I I I rpnE FURNITURE STORE OF .1.1). CIIAL-j 1 MERs is now no lonaer up-stnlrs. We occupy half of Dr. K. PARKER'S store, | where all of our best jrooils can be seen. On I the corncr store at tlio Penily (.'orner, we have it filled with COTTAGE REDSTEADS, l'HA IRS. TAIU.KS, SOFAS, IS L'REAL'S, FRAMES, MOI'LDIXOS, Ar. i fall and see us. We will sell you (roods at cily prices and upon their merits. Just what: they are. Respectfully, J. D. Chalmers. Feb. 1,1S82, If j PUBLIC NOfICE r I Aitr.Kvn.i.t: ('. II.. Jhh. 2T?, 0\\'IN(i li> llir inrvjiIfiH't1 of siililil ]?i>x ;i( ilillVrcul points in tin* South, ami as a prccaiiliuii its csi<!.-ni-r in tM>ccni..trtif /.iriyi.n 11.1111 whiff* and rdlom!. living Willi in I In- ine. up irate limit* of A Uhe. villi*, is hcivhv earnestly re<iucsted and ad- ' vised to lie at once Vacillated. Notice is -:iven that tlie purest Tacrine virus lias hecn ordered Iliroiiirli I'r. l-'raser, ('resident of the, State I'.o.ird of Health and i> dully expected. It will u|""' arrival he disirihti'cd amongst the |>liy-iria<is uf ihe town and arrangements . made with ili' in ! > vaccinate evi rv snhject at the smallest fee possihl'*. I trust all uHlfta-l the Importance of heodInj; this not he. J. W. PERRIN, Intendant. i Feb. l.ISSJ, tf i 4-? -'V -ANDFE1PL1II, HAVE now in store a complete lino of all kinds of GOODS. We call speiul attention to our largo stock ?ancy and Domestic Dry Goods, Flannels, Woolens, Jeans, Gents Underwear, CLOTHING, BOOTS 111, HATS AND CAPS. | CUNNINGHAM & TEMPLETOHJ Nov. 1G, 1SS1, tf LUMBER ATYQURDOOR. I HAVE completed my arrangements to furnish all kinds of LUMBER to to the public at short notice. My establishment is on the old Hughes place. I 1 mi/1 II5IVU li IIUW itliu spiuiilliu UUpiiic ?II*? ?I??proved circular saw. The bust sawyer in this section, JAMES H. DUNN, litis charge and is always at his post. PRICES LOW-GIVE US A TRIAL. It. A. RICIIEY. Nov. 10, 1881, tf UNPARALLELED SUCCESS op THE WMteSBWDfilacMae The white SEWING MACHINE, the best In (lie World. It lias an oscillating Self-threading shuttle, a Self-setting needle. It Is adjustable in all its wearing pans and I made from the l>est of material. Its bohln* can l)e fiJIed without removing work or attachments. It Is so simple In construction and lljiht running that a child can use it. It will do the greatest range of work. It has the most complete set of useful attachments. It is far in advance of any other sewing machine. It has been thoroughly tested lor four years in Abbeville county. It Is warranted for five years. Remember no machine is genuine or warranted only those sold hy ournulhorizcd dealers. And those pretending to sell our Machines, Needles or Attachments outside ol our Agents are frauds. .Mr. J. L. Simpson Is our only authorized dealer for the O unties ol Abbeville and l.aurens, and no Machines arc I warranted except those sold by him or iho.-e whom he may associate with him in the business. Ilespcctfully, ! WHITE SEWING MACHINE CO, CLEVELAND, OHIO. THE ladles, and those persons who wish to buy Sewing Machanes, are respectfully Invited to call at Mr. Barnwell's, where they will Ilnil (he only genuine, warranted and cheapest Machines, samples of the the Machine'# work, needles arid attachments. Oil 10 cents per bottle. All persons desiring to communicate with me on the subject, will address me at Abbeville x i J, L. SIMPSON, July 13, 1881. lv. 4 1ANARY BIRD SEED. I; E. PARK Ell. Jan. 4,1S8I, 2t Jk?M AX IISjb - and iimiisy, DRY GOODS, DRESS GOODS, LADIES SHOES, nntl ovcrvHilne for the lndlpa. A large ixnd complete stock can now be found at bottom pi ices, at the EMPORIUM OF FASHIONS. Oct. 19,18SI, tr THE BEST THING ?EVER OFFERED? For the Price! THE BEST THREE BUTTON KID GLOYE sopt. ai, issi, tr Have a large and well selected .stock of DRY GOODS, -ANDGROCERIES, ?an<i the newest stylus ol? READY-MADE CLOTHING, BQ3TS, SHOES, Hats and Caps, WHICH THEV SELL CHEAP. octo, 1^0, ir I IWAIMCO I Have tn store and to arrive, a DB Large and Varied Stock fl of Egg DRY GOODS, 89 STAPLE and FANCY NOTIONS, H GROCERIES, HATS, CAPS, Bj BOOTS, SHOES, TRUNK8, H AND many other articles. all of which will |H| he sold ax close for CASH, and upon as GOOD TERMS as any house in Abbeville* BjBj Give us a look and we will give you a bar* H Sain. BH ftB?We will ship your Cotton orbny It.-?? |9fl \VM. n. PARKER W. C. McGOWAN. H PARKER&McG0WAN I ATTORNEYS AND SOLICITORS, S AHDEVILLE, C. H., 8. C. MM I\7ILTj practice also In the Circuit Courts oi Hh VV the United Suites for South Carolina* KM Jail 7.188U.tr wM Dr.H. D. WILSON, I ?0? m DENTISTRY, B Abbeville, C. H? 8. C. I Jtnr Office; Upstairs over the Post Office."C* * Bfl J. Knox & Co. I ?AGENTS ton? ffl MR. TOM YOUNG' I PURE CORN WHISKEY I THE best and purest CORN WHIS- 85 KEY brought to this market. IS j Juno 22, 1881, tf ?. H. McBRIDE, ffl. D. ABBEVILLE, S. C. ILL clvc prompt attention to all prac? tlce in town. Office at Drug Store. August .1.1881, 12m , DAVID H MiGILL, .Attorney at Law, ABBEVILLE, S. C. WILL prnctico in all the Courts of the Slate. i Jan 21,1880.tf The Best Engine iD the World! THE ECLIPSE! W.R, WALTON, agent AUGUSTA, GA, ALSO AGENT FOR THE ! Geiser Grain Separator, . ; Saw Mills, and all kinds of Machinery. Rrf-r- to Dr. J. A. Olhori, B. C, Wall,and AI l?-n Atamgno. of Abbc\ille. May II, lfWl.fim Barber Shop, rpHE undersigned respectfully Informs the 1 j>ul?llc ti>nt he has recently removed his Tonsorlal Emporium to the hall above Nor1 wood Brothers store, where he is prepared to accommodate his customers, and the public generally In hair cutting:, shampooing. shav? In jr. dyeing, in the best style, and at reason* 1 aMe prices. Terms per month for hair-cutting, sham nnnl in? nnrl fchuvine? nnlv Sl fiO j r ? Rcspectfufly, * " " Hfl Richard Gantt. 9 BARGAINS! I BARGAINS!! I WE OFFER EXTRA BARGAINS IN ALL H '* kindsof jU DRY GOODS, I CLOTHING, I HATS, SHOES, &G. I Try us and you will bay your goods chcap. JJ QUARLES & CO. | Oct. 19,1881, lra H " h. g scdddayt i Attorney and Counselor at Law, jflj AN'DEliSQN.S.O. B OFFERS lit* professional services to the cifc* IB izt'us of Abbeville. Partlo dfHirlne to m ' c nsu't with lilin, may do so at. each session n ! ?f i he ("our t lor the County, or by letter at An* MR I .Inrann < IT IMI Juno 15.1S-SI. tf MUSIC SCHOOL I PROF. ANTON BERG will open his school H of Music In Abbeville, October 1st. In- |pH si ruction on the Piano, Organ and Violin as OCT well tus Vocal Music. Solo and in clasp, thor- HR onghly tauuht. Terms: Instmmental Music HM twenty dollars persfsslon of five months. For HM references and further information, apply to DM E. B. Gary, Esq., attorney at law, Hfl Sept. 21,1881, tf jMj preserve i TOUR BOOKS, 1 Periodicals, Newspapers ani Mqsig I State, County and Railroad Officers H and business men generally, sap- H plied with blank books made to H any pattern. H A LL families have OLD BOOKS PERIOD- gi ' -? nruo vtTTom ? I A~V IUAU1, ?> c.v?rsr.-vr^rvo, muoii., _v.f ?n which they desire to transmit to their poster* BH Ity, should M HAVE THEM REBOUND, i Which will preserve them and will mako HI them look almost as well as new. DH Old Books,4c., should not only be rebound, IB hut the current literature of the present day should be put in a durable form for preserva- H0| tion as well. IB This can be done in the shortest possible time, with the best material, iu the most BH handsome and durable style, and at a prico |H| which cannot be duplicated anywhere, by ?. B. STOKES, I Stationer, Book Binder and Blank |h Book Manufacturer, HB No. 155 Main Street, H COLUMBIA S._0 gj unpin I WE WILL FURNISH 9 Fine or Hard Lumber H mm AT SHORT notice and try to pleaso mj customers in every bill we nil for MH j tlicni. Mill situated one mile from As- j^B I 1 r>i 1. ,|lA DfAiniooH T o ' UUIJ V, 11 111 V/4J | UVftl UIU x BI^H I J. C. FOSTER & BRO. I Nor. 9, 1S-S4, 3m EmR J L, CLARK, I FOR THE GOOD OF THE CRAFT H ! T IIAVE COXCT,ri?KD TO GIVE MY S8 ' I whole attention to my Shop. I shall pivo n It fionh ATTENTION. If any person wish- ma c? to have his HH WATi IIES It EI'AI ItED HS 1 Jlrinir them In. I have all the tools and ma- MB tcrlals todo it up in the best of style and at |H| ' tin- lowest rules possible. If you want yout? BBi olork repaired hrinj; It In and it will be dono BMW ri^lit. If you want your HH JEWELRY MENDED HH IJring Iton. If you want your 191 SEWING MACHINE MENDED i This Is I ho place to got It done In the best of ^RB or?l' r. Yo:i c;m have any piece made new, or HH i the old one repaired. If you want yourgun or BHj pistol repaired this Is ilie nlaee to have it QH done. All these articles will be repaired III HS tlie best of onler at the Lowest 1'rlces. (Jive me a Irial and satisfy yourselves? BM ! TERMS CASH, EM ! JOHN L CLARK. 9 BB