Historical Newspapers of South Carolina

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BY HUGH WILSON. ABBEVILLE, S. C., WEDNESDAY, NOVEMBER 11, 1885. VOLUME XXX. N(X 1&||B THE 8D3IFIELB LYHCHSRS. j APPLICATION OF THE EDGEFIELD PRISON- J ERS FOR BAIL. A Brilliant Arrny of Counsel and n F^oed of Affidavits*"An Able and j Ingenious Presentation of the Case of tli? Petitioners?The Slate Well Represented. Xeics and Courier. At 10.3ft o'clock thismoining the hearing of the application for bail made by the thirtyfour men charged* with the murder of O. T. Cu Ifciealh, in Edgefield County, on the 1st of September, was begun by Judge Hudson in the County Court-room. A number of lawyers were present as interested listeners. The seats outside of the bar were empty. Judge , Hudson having consented to hear the appli- | catfon without'"compellingthe attendance of the prisoners, none ol them were present, wa.toior tiii!ir>r and Mr. S. McG. Simkins were present as Counsel for the prisoners. I Attorney-General Miles and Solicitor Bonliata appeared to represent the State, and vere assisted by Messrs. Ernest Gary and N. <i. Evans. Senator Butler, of counsel for prisoners, read the preliminary papers in the case. As counsel on both sides agreed that the testimony at the Cuibreath inquest had been reported con-pietely and correctly in the News anil Courier, such testimony was read from the News and Courier by Lieutenant-Governor Sheopard for the defcuce. Tlie reading lasted from 10.45 to 12 M. Messrs. Sheppard, Butler and Gary next took turns to read ninety-two affidavits in Mipport of the application for bail. Thirtyfour of these Were made by the persons charged with participation in the crime, and were to the general effect that they had uo ?tiio lviifiiinpr hut. (hat. hav m.m* v..v V pi , ing gathered to attend a public meeting which , had for its object the detection and lawful , punishment of the murderer of W. H. Ham- , mond.and having been advised to disperse and return home, they had done so. Most of their affidavits contained these statements. j The other affidavits were in greater part made by the wives and relatives of a number of the accused. w):o declared that the men were at , their homes when Colbreath was killed. These affidavits were from the lollowiug per- , sons: K. A. Cilover, J. R. Lanier, , 11. S. Anderson, Jolin Morris, John .Wood. J. A. Collins, J..T. Lou?, Mrs. M.J. Bell, J. "ft"". Long, Mrs. M. Vance, I>r. B. l.eroy, M. L. Holmes, O. J. Trim-e, M. C. Holmes, 1'. C. Midd'eton, J. S. Holmes, - m ?? n l r c? >v. iv rrrawu, inmin.', G. Al. Bus well, T. H. Quarrels, \V. K. Holmes W. I, Collins Carrie Hammond, S. A. K Holmes, J*. M. Dora, Patience Holmes, V. Y. Porn, W. A. B-ssey, Mrs. Ij. W. Ilolmes, C. Bussey, Ji. It. Hammond, J H. Bu ssoy. C. H. Key, Mrs. IX Bu>sey, A. J. Norris Hnttic Hussey, T. A. Quartos C. M. Gianton, N. P. Devore, S. A.Taibert, W. Park man, Garrett Talbert-, \V?Tlw\ P. B. Whatley, J I. F. whatley, J. K. Dohey, \V. A4len, R.C.B. Key, Mrs. s. K. I?mler. J. 0. st j 11 well, Miss J. K. Lanier, Mrs. O. T. Cnlbreath, Lucy A. .Seisrier, Miss J. Cuibreatli, Miss Alice Porter, L. Paikman, Miss A. G. Prcscott, Mrs. W. Seiglcr. Affidavits from the following prisoners were reaii: V. J. Talbert, Wm. Turkman, K. M. Biissey, P. s. Key, W. L. MeHantel, Morgan Dorn, Joseph Wilson, WyattL. llolincs, Wyatl Seig'er, S. Hammond, Arthur McJJunlel, K.Iiorn. O. Holmes. Pat II. 15us?oy, A. s. Holmes, D.C. SJuxsey. \V. E. Fresco I r, John Oration, 1>. A. J. liol 1, Jr., K. M. IIoI in eg. Ken ben Johnson, J. C. Hammond, O. W. Vance, C*. M. Dorn, L. H. Pre.seott, K L. Dev?re, Luther (J. IHm, I. K. llolmc*. Newton Johnson, W. H. Hammond, . iiichard Hammond, (). O. Hurnett, i.i? ii ^ anriMjJu w x .-^utviuuu, u in. uniiii. The reading lasted nearly two hours. It Is j of course impossible to report In detail the substance of all the<e papers. Counsel lor the prisoners consider the affidavits of Mrs. Culhieath. Miss Cu'.brcath, Senator W. J. Talbert, Mr. P. II. Bu?scy and Mr. D. C. 15ussi*y the mo4 important ones, and they are accordingly presented below; Jlrs. Carjrtstli's Affidavit. Mrs. Fnnnie PresmttCulbrentfc. being sworn, snys 1 ik it she was the wife ?f die lute 0. T. Culbrcath, and that shrt is the mother of M''tii|>b{* Culbn !ith, now in tUe county jail charged. ns she is informed, with be- 1 ing accessory to tlie killing of bis father. Tk.it it c mes with n the knowledge of deponent that her, J.i? I-., h I,..,. [...nan il'iriiifr I JJ'MI, .ILVtli, li* a "WVWVVWV M>* MVHVV x. tie ui -rniuer nml alteinom of Monday, the 21st of S-^fc-tu&.-i'la&i, on the night of which day his father 1 tras trilled, and until the usual hour of bedtime that night, at which time he retired to bed; ami she does 1 not doubt that he was at her house during the entire itishr; that he slept up-stairs, and deponent does not 1 believe that it was possible Tor him to have tnadu his <-xit Itvm the house without h< r knowledge. De iionent knows absolutely that if the said 0. T. Cul breath whs killed at or near Jvlgetleld CottrilKUse bofire 10 o'clock of the nialit of September 21, her son w;;s not present'-and could nut have been connected with the killinc. Deponent further'fcwears tbat for some months b'firo tiie said O. T. Culbrenth was kiiU-J he iiad not ' resided in the same house with her; that sh? bad for several years been the victim of unkind, cruel and inhuman treatment at bis hands; that be fnqnently cursed and abused depouont and her dead father aikI *ri#tiier; t'lwt he more than once threatened to tr.ke fciH- life and to reduce her property to ashes, and said that if thf should go to her brother he would reduce bis home to ashes; that she has remained tip at night, surrounded by her children, fearing that if she should retire to bid she would while asleep be mu-dered by Jo.Va;-, that on one oae&sion he dretvu LnUe auil swore be would tike her li.'e, and dejionent now believes, and she then bel eved, that he would have executed bis purpose but for the timely interference of her son Memphis. Tliui tfontmnnt hT Honrtnonf hi' HiA sniil O T. Culbreath was so harsh and so cruel, and he perpe>mfc>d so many indignities upon her, that the found it Impossible to live with him?the details of which ehe declines now to disclose. Deponent was 90 apprehensive that her Ufa was In continual peril that when Mr. Hammond was murdered in her yard ami the jury of inquest failed to <1J?c<?rer by Whom the murder was committed, she felt that'the law was powerless to save her from harm, and she requested the solicitor of the Circuit to appeal to the peiiUeruen of the community and Wjri tin-in to save her fiiun Jurlher annoyance and <tistn-ss, and he kindly did so while tlie people were there assembled. FaSSIK PkHSCOTT Ct*T.r.RSATII. Sworn before J. C. Sheppard, notary public, October 5JS, 1SS5. Miss Calbreath's Affidavit. Miss Jennie P. Cnlbreath, being sworn, says that it j <otnes within her knowledge that her brother, Mem- : ithis C'ulbreatb. was at home during the afternoon ol j Monday, the Ulst September last, and remained at j liome until bedtime, and that deponent does not ?l.iiit>t that I10 remained at home during tiic entire! niirhr. That she is absolutely positive that her brother was not present ut the time that her father was killed, if ho was killed at or near Edgefield village before 10 o'clock at night. Jk.vnie P. Cn.nr.KATn. Sworn before J. C. Sheppard, notary public, OctoLor 2S, 1?;5. Senator Tall>??rt*H Affidavit. W.J. Talberfc State Senator, being sworn, says: That deponent iives about fifteen miles from Edgefield village. That deponent was at home and sent his son to the postottiee, about two miles distant, for | his mail; when deponent's son returned from the J postottiee on the 21st September last he informed deponent that he had seen a number of citizens riding along the road, bot dkl not know where or for what jmrp'ise they were going. Deponent was quite unwell, but kn >wini; that there was ?reftt excitement prevailing in that community on account of the recent murder of VV.II. Hammond, and apprehending that in consequence of the inflamed condition of the public mind, something wrong might be done, and be- j lieviug it to be his duty to discourage and prevent | any lawiessnes, deponent at once rode in the direction i u-liinS thTu ti^reo'xi! hn<l K?on rmoii t.i? nsportflin tlitt I IoMest of the movement. Deponent went to the home of his neighbor, Pat II.. Bussey, and informed him ef his purpose, anil r?guested him to go with him, which he did. Deponent and P. H. Bussey overtook different citizens along the road, and when they overtook D. 0. Bussey, # who was riding, P. H. Bussey, who was on a mule, rode with him.' Deponent went forward rapidly and j found a number of citizens near Antioch Church, and i was informed that others had ridden in the direction of I Edgefield. When the citizens got together there whs n large gathering. Deponent was informed that the object was to take steps to bring the murderer of Hammond to trial and punishment. When it was ascertained that a warrr.nt had been issued f-?r the arrest of O. T. Culbrealb, some of the citizens, as well as this deponent, advised the crowd to disperse and go | home and allow the law to take its course. No objection was made, but the crowd seemed satisfied and , began to get their horses, and persons began to leave. W hen deponent saw P. II. Bussey, D. C. Busscy, I W. L. MoDiiiili-l and others mounted, bn asked them I If they were ready to go home, and being answered ' thut they were ready, depoueut went for his horse) and th*>y rodo off soon aftmvAnls. Deponent and , others then rode off in the direction of their homes, i Deponent saw a number of citizens along the road j while riding to bis home, and particularly when de- , patient passed the residence of Wyatt L. Ilolines, wh-re there are several houses and li is quite a public pl.-'ce. Deponent reached home before dark and remained there until the nest day. Deponent was not at all well. After leaching home deponent sent lor his family physician, who came and remained with him for some time. Deponent was not present at the killine of O. T. Culbreuth, and was in no manner connected with the killing, aud was not a party to any combination or conspiracy to kill 01 injure hint. W.J, Talijert. 8wont to before F. II. Wardlaw, T. J., Edgefield fTmintr October 29. 1SS5. 1*. 1Z. Iinssey's Affidavit. Pat IT. Bussey, bcinir duly sworn pays: That it was generally known in the neighborhood that W. II. Hammond was assassinated and murdered in the yard of the dwelling of Mrs. O. T. Culbreath, while at rnding to the wants of h'-r sick chihi. and that he died on Monday, the 14ih September, 1S9S. That O. T. Culbreath was separated trom his wife and had been living apart front her for more than a year. That ht-r son MemphiB Culbreath invited W. 11. Ifcmm<>nd 1 to spend the night at the home of Mrs. 0. T. Cul- j breath the night that he was shot, to protect the fani- ' ily during t?>e temporary absence of iier son. The minder of W. II. Hammond caused intense ex- ' citonient and citizens were discussing the murder and 1 were riding from house to house seeking a clue to the * murder. W. II. Hammond w?a a citizen of good ; sbaraeter, inoffensive, quiet, wcll-esteemvd, had been raised in the neighborhood anil was a member of the ' iiantist Church and in good standing. The murder J was so wanton and unprovoked that this citizens were 1 rreatly aroused, and strenuous efforts were made to bring the guilty parties to justire. It became known ' imongst the n*-?sthl?urs tnat Mrs. 0. T. Uulbreath had i received Very bad treatment at the hands of her litis- ' imnd, and the report as to the cruel treatment was i-ory generally believed and aroused great indignation. It was gem-rally understood that a public meeting of thecitizens would be held on Monday, the 21st of | September, IS 5, to consult together about the murder | i)f W. II. Hammond, atid mi&caft effort to collect evidence asd bring the murderer to trial and punishment, i On Monday, 21st September, 1SS5, my neighbor, Mr. Jasper Talbvrt,roile up to my house and in ? coni>/in a eniil H>nt lV.i>r? ufis en mni-h ey. I 1 citeweiitiu.tbc neighborhood that the good citizens ! i might to attend the minting nnd prevent any bad i iction and not permit anything wrons to be* done | I replied that I asreed with bitn and that he ought to ; go, as I believed his advice wonld have ureat inttu- . ei.ee ami weight. He invited ino to go with him for i Lhat purpose and 1 consented to go and got my ! mule and went with hint. We overtook some j rif our, neighbors.. When wc overtook Mr. 1). C. Bussey and Mr. Irvine Wolmes, Mr, Talbe: t1 j asked if any others were ahead of us aftd whs informed that matiy persons hud g?nc on. He j :<gaiu expressed his fears.that something rash might he done. Wtj nrg.'d him to go ahead and prevent it I was riding a mule, as wusO. 1). Hnssev. We could , not ride last. We did not know that O. T. Culbreath ' had been am-sted. Mr. Jasper Tnlbert and Mr. Irvine Holmes then rode on in a gallop. When we got near Antioch, where the roads cross, we saw a large i number of citizens going in the direction of Edge- , Meld, and we followed. I ..gain siw Hon. Jasper Ta!- , hert on the road to Antioch. He informed mc that lie hud advis<-U the citiiens to do nothing msh. and that he believxl iie had accomplished much good by r '*'? ?*\nr.k cr.uu] | tf?ninp II very large gathering of citizens The exact number [ do n?-t know, but I believe there were iikiiv than 100 j citizens. I sat on a log a little distance off from the crowd. After consulting together it was announced !ts th* agreement that the crowd should disperse and j | ( o home. 1 heard Hon. Jasper 'l'albert announce1,! to the crowd that they must di.-inT.-c and go h >:ne. The cn?w<l then all began to get their horses and began to go home. Many left before I did. I j know that Wvatt Sreigher, Klins Devon*, Calvin] Key and many others started home befo:e I did. i While all were preparing to leave Hon. Jas- j per Talbert asked uic, when I got mounted,j if 1 was ready to go home,and 1 told him I was. He I said he would get his horse and go too, and started to I get his home, a>id while he was eeUim: his horse I rode ott with .Mr. I). C. BusSey, Mr. \V. L. McDuniel and others. We met many penoiis when we were going home. We saw Mr. Luther Bell at l)r. W. E. i'rescott's mill where he works. He was walking I from the mill towards the dwelling house. I went di- j recti}* houie and it uiaincd tluiv. I live about four-1 teeli tttiles from Edgefield Courthouse. I wi s not at j Kdgt field during the day or flight when 0. T. Cul-i breath was killed. 1 was not a party to any agree- i ment or conspiracy to kill or in any manner injure O. j T. Culhreaih. nor do 1 know that there was any such , conspiracy. I was not connected in any manner with ] the killing uf 0. T. Culbreath,and I know that others ! of my feilow-ciliztns who are charged with the j crime and are arrested are innocent of any connection j with the kiliin*.'. Lam a member of the Baplist Church; ara n dea- j con in good standing; am a Superintendent in the j Sunday-school at Keil Oak Grove Church. I fee-1 that j I have been arrested without Mitiicleiit cause and that I have been unjustly imprisoned, and I enter my sol- j enin protest. " PH. Bussey. j Sworn t? before D. R. Durisoe, clork of Court, t'ctober 23, 1SS5. I>. ('. Bussoy's Affidavit. D. C. Bussey, sworn, says: "That it was generally known in the neighborhood that O. T. Culbreath aiid his wife were separated, and that they had been living apart in the neighborhood for im-ro tlian a year. Tl at Memphis Culbreutii had iuviied W. II. Hammond to > " ...I.-? I... t,. en-nil t.ii.hi and protect Mrs. 0. T. i'ult>i\Rth and her faiui'y dur-1 ing the temporary absence of l.-cr son, Mempl is Cul- J it-nth. That w hi e W. IL Hammond was in the yard i of Mrs. 0. T. Culbi\ aili's attending to the wants of a j sick child ol M s. 0. T. Culbreaili, he was shot and assassinated. A jury of inquest washeW on the Nth of September, lSS.7), the day he died. and iis session ended on Wednesday, lGtn of September, 1SS5. The excitement in the neighborhood was intense, and all the citizens were discussing the murder and were anxous to bring the guilty party to pun'shment. TV. H. Hammond was a quiet, inoffensive citizen about 2!) years ot age, of a good family, resided in the. neighborhood, of good character, was esteemed, and was a member of the Baptist t hurch. liis murder aroused j the neighborhood for many miles around, and the ! neighbors were actively riding from- house to house, j advising with each other and seeking a clue to the murder. Th?' neighbors heard of the cuel treatment I which Mrs. 0. T. Celbiealh had received from her! husband, and it was generally believed aud great in- j dignaiion wns felt. On the 21st September, 1SS5, it was generally tinder- > Ptood a meeting of the citizens was to be held to con- I salt together about the murder of W. II. Hammond j and agree upon some plan to collect evidence and briog'tbc murderer to trial and ixinishnKnt. Feeling that the intense excitement ui'gut load to somo vast)! act, I detui'iiiined to go to the meeting and prevent it j it I could. While on my nay to the meeting some of ! tny neighbors overtook me. Hon. Jasper ?al!>ert and j P. II. Buasey overtook me. Hon. Jasper Taibert asked me if any citizens were ahead of us. and I told him a number had cone on lie' spoke of the excitement in the in iuliborhood, and said he felt it to be his duty to ride on and prevent any hasty action. He then rode on with lloimes. Mr. I'at Bussey nud myself, who were riding mules, and could not ride fast having urged him to go on and prevent the excited citizens from doing any wrong act. Hon. Jasper Taibert left us in a gidl"j> to overtake those ahead of tin. We did not know then that Mr. O. T. Culhrcath was arrested When Pal lJutsoy and myself got near Antioch. where the road crosses, we saw a larire crowd of mI'll parsing in the direction of Edg< ft Id Courthouse, wliii-h was eight miles distant. We found the crowd on the road between Aulloeh anJ lidgefleld Courthouse. U was a very large crowd. The exact number 1 do not know, possibly a hundred or more citizens. After s >ine talking the Hon. Jasper Talbert; spoke s? we could hear him distinctly, and advised us I uli to disperse uih! go home. Xo one interposed any ! objections. - No one dissented, and we all began t<> get our horst-s to go home. Many persons rode oil' before I got ready to go. 1 remember that K. L. Devore, Wyait Holmes and others rode otf in the. directions ol their homes before I left. When Tat liussey and myself were mounted the Hon. Jasper Talbert asked if we were ready to co home. We replied that we were, and he said Ujat he would get liis horse, and we rode off while he was untying his horse. Some went before and others followed behind in sight of us. We met several persons when we were going home. We saw Mr. Luther Bell at the mill of J)r W. E. IVescott,! W;UMIIL: II *?III iinj UIIII tuv. ??unc ui'?ui ' yards distant. We 6:i\v other persons along the ro.nl home. Whin Mr. Tat Bussey reached lunnc ho st> ppcd. I rode t<> my home, which is about fifteen miles lmm Edgefield Courthouse and about a mile and a half beyond Put Bussey's. I was not a party to any agreement or conspiracy to kill or injure O. T. Culbreatli, was not present at the killing.and was not at Edgefield Courthouse on the night he was killed, and was in no manner connected with the killing. I am a citizen of Edgefield in good standing, was wound d I during the late war. anil I resent with scorn the eft'ort to tarnish my record as a citizen, soldier and patriot, and a Christian of nearly forty years' memb'-rship in the Baptist Church. D. C. Bi ssey. Sworn to before D. li. Durisoe, clerk of Court, October 22, 1S65. When the refilling of Hie affidavits had t?en concluded Attorney-Cieiioral Miles said that the Solicitor was engaged in securing affidavits In reply. Horpe were ready, but he desired a little time in which to produce the others. Counsel for the prisoners objected to the in U UUUUUUII *Jl VVIUCIIW , UJ l/Iie cuitc, auu claimed that, this application for ball was an ezparte proceeding as? much as the preliminary examination of the accused. Major (jury wished to argue the point, but Judgo Hudson said t hat he, of course, must allow the State to produce its evidence. Senator Butler asked if his Honor would permit counsel for tlie prisoners to put in allidavits in reply to tiie State. Judge Hudson replied that he would answer that questiou when lie had heard the evidence submitted for the State. At 2.10 the Court took a reccss until 3.30 1'. M. When the hearing was renewed after the recess Major Ernest Gary, who was assisting the State, read nine affidavits. The following are the ouly ones of importance: J. A. White's Affidavit. J. A. White, sworn, says that he was in the village on'the afternoon <if the lynching of 0. 'K Culbreath. That deponent left the villugc late in the* afurnoon, and on hie way home he met a parly of men, (in the i'uUrment of deponent about 40 or SO in number.") These men had musks over their faces. That when the party saw deponent approaching or meeting them they immediately turned the heads of their horses to the side of the road and stopped. That deponent was necessarily compelled t&paea very near the party. That a few of the party in front did not turn as tlip others did. Among the foremost of those who did not turn I recogn zed Wyatt Holmes and - Win. Park man, and about the middle of the Column I rec J_. .1 ?r.. M.J rn.?f ?;? limn fl,? I>?IIIK*M| nil". OiP5l'V, 1 |j.ic<t<'wub V??<? . minority of the coin inn halted several others caught, up with the party. ami immediately dressed in line with the others." Among this number I recognized the horse of Mr. Steve Hammond. Hint oh the morning after the lynching of Mr. O. T. Cnlbreath deponent returned t?? the village, and when deponent reached Antiocli Church he noticed a large number of hor-e tracks particularly along the road to Edzefleld village,and they did not turn out of the road on til they arrived at O. O. Barr's pasture, and deponent could j plainly see where they turned out of the pnblic road. Deponent could plainly s<-u where the tracks of the horses returned to the pnblic road lead in 2 to Edgefield village, and when they turned in the direction of: Ibe village and continued in the road towards the v\l-! Inge until they reached the slope about 100 yards below the ollhe of Gary it Evans. That deponent could also sec where the tracks re entered the road at the slope and continued beyond tho residence of Mr. 0. 0. Iiarr. Beyond this point they began to tnrn out of the road and the tracks of the horses to grow lees. Fhore hail been a recent rain and the tracks 01 me tiorsi s were very easily seen. The point whero deponent met tlie party of men was at least half a mile towards the village from the point where the Scull's Kerry road enters into the road that leads to Edgefield rillage. That deponent is satisfied that the body of men returning from the village cftmc to the slope just [>elow Gary & Evans's office. J. A. Wiiite. 51. J.'llook's Affidavit. M.-T. Tlook, sworn, says: That on the evening of I he 21st September, 1SS5 I went with Mr. Barr down to his parturb to drive up his cattle, as the negroes j were afraid ijkIo so as they were frightened about the j inm erof men they had seen in the pasture. When j Mr. Barr and myself reached a branch in the pasture ! ivc came upon three men drinking wat< r from their j luts. Mr. 0. 0. Barr sp-'ko to them. I did not know them. Mr. Barr had the following conversation with the three men. The conversation was hart in the hearing of the three men, but the talking was done by j Mr. Barr and a man Mr. Barr called Holmes. They j isked Mr. Ha it if he didn't have any better water than that Mr. Barr remarked, "Yes, up to the house." Mr. Ilolmes stated to Mr. Burr that this demonstration was in favor of lI?mmond. Mr. Holmes told Mr. Rair that 0. T. Cullirealh had been arrested. Mr. Barr aeked if there- was anv new evidence run! Mr. Holmes Slid no, only suspicions that Tow'es Cul,ii,i it w?'lmd started unln tho woods and Mr. Holmes advised us not to go up there, nnd Mr. Bair said tliat if there wr.s any danger lie would not iro, We then went back to the house. The man Mr. Barr called Holmes was a short, stout man, with a red fiicc an<l grey hair, round sht?ul?lert? ami stooped some, with a black overcoat and hat on. He was about 50 or GO years of age. The other two were rather tall, and i>ne had a red mustache and a small goalee. Mr. liarr called him George Vance. M. J. Hook. Henry Hardy's Affidavit. Henry Hardy, sworn, says: That In* lives on Tlonj. Bettis's (deceased) plantation, about half-way between Antioch Church and Edgefield. Tnat he had been living in this section about lour ycais. That on the evening of the 21st September last he was going to Mr. Johnston's store, about a mile above Antioch Church, and when about a quarter of a mile from the church, between Mr. Barr's and said church, he met in the road about thirty or forty men on horseback going in lull speed, or rather in a gallop. Some were masked with handkerchiefs and rags over their faces,and some few had no masks at nil. That he recognized and identified among the number of men one Mr. William Winm nnil <?no Mr Deint.a Bussev. That hfl h'JS known said Klum for several years, which knowledge enabled liliu to thoroughly identify him. That he has known said liu-a*}* for sometime by reason of his running a public sin ami thrashing machine. Tliat he spoke to said Bussey, t>ut he, Hnasey, took no notice of him, but rode hastily on. That lie could have recognized more of the men, as most of their figures seemed familiar, but fur the guit ut which they Vert* travelling. I!n::r.v IIardt. When the reading of the affidavits had been concluded Major W. T. <?ary said that his side was so anxious to get through that tliey would not delay the Court hy slopping to procure con liter evidence. lie considered, however, that the athdavils just produced by the State had been answered in advance by those submitted for Ills clients. .Senator Butler said that of his own knowlodurn fPifnin statements made in the State's affidavits wore uniruc and could certainly he controverted. It was a hardship that while the other side had had four days' not ice of the contents of the affidavits presented by tils side, these affidavits for the State weie submitted almost without notice. He did not think his side had been allowed time enough. The attorney-general and Kolieitor spoke up promptly that Senator Butler's side could have a week, if necessary, to submit answers. The Senator said that one would have to travel sixty miles to /ret them, and that ttas impracticable at present. Solicitor lion ham resented the intimation that the State had received more grace than it had given. M?>Jor Ernest Gary said that if counsel \ron?f>fl f lm/i it. vvnn Irl Im r (11111V (riven to them, but if they did not want it they ought not to grunibleaboul banish i| h. Setuitor Hutler explained that he did not intend to east any reflection upon the other side. Judge Hudson directed that argument be begun. Lieutenant-Governor Bliopimrtl's Argument. Lieutenant-Governor Sheppnrd opened in support of the application for bail. He made a spirited speech of thirty mimes, which was chiefly devoted to ail analysis of the testimony. lit! maintained that as it was in evidence thatCulbn*:itli di<! not die until 5 o'clock on the ntoriiinir utier he was shut, his statement ?inn after the shooting could net be taken us a dying declaration. It whs not tr.voru to an<l couM not stand against the 92 affidavits which accounted for the where: bouts of the prisoners at the time of the killing. He showed that the prisoners were arrested in three batches on d'ff.reiil afli davits and on varying presumptions of guilt, and insisted that an alibi had teen conclusively proven as to most of them, l'arkman and Holmes were the only two of the accused who had been seen at Kdgefteld Court House that day. The ev dence of the families of the. turn that they were at home at the time of Die killing was inore satisfactory than that adduced before the coroner. They, tile lynchers, were disguised and masked, so liow could their identity he swovn to. lie made a special pl>a in behalf of young Culbrenth. Ho insisted that as to the recused there was n<it the presumptive evidence necessary to justify the refusal of ball. Zttrtjor Gnry's Arsumeitt. Major Ernest Gary replied for the State. lie quoted freely from the testimony before the coroner to prove that the accused hud formed a conspiincy. He maintained that a chain of evidence connected them with the crime. He had no doubt that some were sharp enough to shift on others the dirty work of the actual murder, but they had been proven to have been in the conspiracy and this was snfticient. Many of them claimed that they were going as public spirited citizens to the public meeting at Antioch church, but who ever heard of men attending uu honest o!i.'ii inpi-iinL' willi itin?kn on their fitccs. As to Mr. Sheppard's argument about the impossibility of recognizing masked men, he showed that certain witnesses had testified before the coroner that the masks were poor, consisting in part of pocket bandkerchiets, and in various cases |>eririii ted recognition. The truth about the matter was tliat there was a meeting at Autioch church to consider the matter, and that the majority favored lynching Culbreath, while a lew opposed it. The (ll'..rt. to-day was to have the affidavits of the State witnesses stigmatized as untrue anil the affidavits of the prisoners accepted as true in order to affi ct the trial, lie insisted that the presumptive prooi of guilt was great." Senator Butler's Si?eeeli. Senator Hutler paid that his side was not there to try this case, hut to aslc, what the Constitution guaranteed, bail. We, said he, are not prepared to put up our defence until we arc confronted with the witnesses for the Suite. The mutter lay so fully within the discretion of the Judge that argument was hardly necessary. The object of hail was to secure the appearance of the accused for trial, llis side claimed only the right guaranteed by the bill of rights of the Constitution. Vet this extiaordinary arr.ty of counsel appeared for the State and a hue and cry was raised about Edgefield, and the county was held up to disgrace, lie asserted that the murder of Hammond and the murder of Culhreath were the result of social conditions which could never be reached by law, and which would prevail in this or any other country as long as human nature continued us weak as it is. He maintained that the Accused were as good citizens and honorable men as <*>uld be found anywhere in this country. Considering the evidence the Senator maintained that Culbieatli fired the first shot and that his death resulted from the wound lie received in response to that shot. II.. ..tl.w.b../! Ik.. ..! (Inn Wl.il.. ...... ..I' tV... State's Witnesses, and said be would not convict the veriest cur on his testimony. lit- contended that even if Koine ol the men did have on musks, his lienor could not keep them in jail on mere suspicion. Aft<r discussing the evidence he asked whether it would he fair and just of his Honor to keep these men in jail even for four days. The application had not been made sooner because of his (Senator I?ntier's) absence and because of the time necessary to prepare the ailidaviis. He guaranteed that 110 inciter what amount of bail might be required it would be readily furnished, There was some evidence pointing to some of these prisoners and tending to implicate them in the murder, but it was not enough to debar them 1'iom tHc right of giving bail. in conclusion the Senator insisted that he was stefc of the "remark that crime was on the increase. His newspaper friends published now all the news of all the crimes that wore committed. It was perfect!} nnrtiral. Thpy wanted to sell their war* s. lie, him self, did not believe in the doctrine of total depravity and if the newspapers would spend a9 much time on* money in reporting the good that was done in lh< world ns the evil it would have a most wholeeome ef feet He complimented the past and preeent judldftrj of the State very highly, and said that where proiir i: clear-justice in our Courts is very apt to be done. The Attorney-General's Reply. Attorney-General Miles opened his argu mcnt by referring to the loss lie had sustainec In the Inability of Solicitor Bon hum. to speak The Solicitor hud lost his voice ns the rcshll of a severe cold. The Attorney-General said He would say no word or suggest no thought tha wtis unworthy of the law officer, but would cndenvoi to argue the question as coolly and calmly as if it tfreri an abstract matter. He was glad that he was not call ed upon to characterize this crime or to denounce ita this lime, as the evidence adduced by the defendant! admitted the enormity of the crime and had presentee i the sole defence of an alibi. Tlio only question to bo argued now was whethei the prisoners were probably guilty. lie hoped thu no man in South Carolina would assert that social con ditlons could be the cause of such a crime as this Had the evlden-e rend hero to-day obliterated tfie re 'cord in this ease? Mr. Milesoh Quently ami thHllin? ly described the butchery of the crouching, pleadinj (Julbreath in his lawyer's otlice, the poor wretch tryint to pray, begging by name the mercy of his neighbor who struck him as he lay cringing at their feet Hi reminded-Senator Butler of the '"honorable men" wliosi daggers stabbed C'tesar. Describing tiie gathering o the lynchers, lie turned to Senator Butler and sale that South Carolinians had often path ere d at his call : but never wore the badge of cowardice In the niaaki ! on their faces. His Honor \Vas nsked to liberate thirty-three mer who Jiad been in jail six weeks without applying fin hnil nrili.r flint mirrhfr. en r?.nh r?T ia.il fmir ilni'j before the grand jury could pries upon their coses What could be the object, but to stump the cvMi-nci /or the State in advance of th$ trial as utterly insnlli cient? He urged that his Honor wait until the.grant jury could slit the evidence and find which of then should be prosecuted. He pmtt-elcd indignantly against Senator Butler's idea that even if the prison crs, when bailed, should fly tliqS'.ale the punislnncn by the cllcctluii of the money on their'bonds wonb be heavy. He resented the theory that the State couli bo paid by blood money for the murder of a citizen He recognized grades In the guilt of the accused, i they Wer* indeed guilty. He thought his Honor migh discriminate in granting bail between those who me at Antioch church, and might be called accessories be fore the fact, and those who were in at the murder ITnfi!k?i tlifiii r>1i t fhtt f)w\cr> n'lwt WKPti fliniNvn/l n n 1 l* iiT information imd belief might also have more consider ation llian tbc rest. But '.lie men whom lie coukl no consent to tli? liberation of wore those who won masks on their faces and disgraced .their Stntp am their county. Alluding to Mm. Culbreatb's affidavit he said that if there was one time when a mothe could be expected to testify to the utmost limit of tin truth it was in defence of her son airainst (lie accusa tion of dyeing his hands In his father's blood, lint b< confessed bis phi prise at finding such n reference ti j her husband. It was as if dreading the truth of tlx ! charge npainst her 6011 she was impelled to show tha lie would have been justified by his father's offenc? i in slaying him. He ur-w a strong contrast betweei this announcement and the course of Mrs. Mlms, o Aiken, who, in this Court and before the same Judge refused to divulge the brutalities her husband had in flicted upon lier, and in that case bis Honor had de cided that she could not be made to testify. Senator Butler rose toexplaln thnt Mr.Mllei had misunderstood him on two points. Hi hud not Intended to be understood as saying that the two Edgefield murders were the out come of ordinary social disturbances or to saj iJint. tlif> niivrimnt. nf lioll mnnr?v \vf?s mnr< than a partial satisfaction to the State for tlx escape of a murderer. Major Win. rJ\ Gary, of Augustn, closed foi the prisoners. He elevated a stringent voici to a high pitch and apparently threw mori personal feeling into the argument than hat been exhibited in all the other speeches. Hi demanded of Mr. Miles the name of a citse ii which ball l>ad been relused on account of tin proximity of llic trial. Mr. Miles said that he could not then quot< a c 'sc. Major Gary repeated the question and de niand and dwelt on the point so long that Mr Miles informed the Court that lie would no answer the inquiry again, as he did not con sider Ihiw a debating society. Major Gary then maintained that as no sucl r*nwu ho nrailii^i H i I c ulkcunoit u'nu utiutir lance ot the laot that there was no law lor it i'faking up the Attorney General's icmarl j about the efleclon the public mind sought bj ! the publication of theseatlWlavits of the pris ! oners and their application, ho excitedly de I dared that the whole case of the State ha< ] been published in the News and Conner i Shaking a copy of the paper at the reporter o I the iVeics find Courier and glaring at him. Ma i.jpr Gary challenged him to publish as full i | showing of the prisoners' case as had beet published of the state's easo. At this tim his voice could have bc*?n heard half a mile The spectators tittered at this dramatic 'dial lengingofan Individual who was obliged V j be dumb in Couru Rut.all prisoners'counsel jor nearly all, whether on a question of peti I vml or of masks, pitch into the taciturn rt j porter. I After a galloping vindication of Edgefleli j county against aspersions, certainly not cas ill ilie i\cwx ami lwirier or in mis uouri, am a lonri call to other counties to cure their owi I i1 Is before attempting to reform Edgefield I Major (jary proceeded more moderately toui ;ue the law of the case. Major Gary claimed as a matter of absolut right, and Justice that bail should be allowed Then he argued on the evidence. Before h closed lie claimed that bis clients had beei hounded by the press and pursued into th jail by the tonjute of slander. At the conclusion of Major Gary's speed: wliich was quite long, Judge Hudson askc for the books and papers, and said that h would give the nialtcr Ills carelul consldera tion. It had been expected thatthedeclslon woul be announced ?t the conclusion of theargii merit. The Court, at 8.4o p. m? adjourned a! ter a liard day's word. X. G. G. THE EDGEFIELD LYNCHERS. ?. Ton Allowed Kail in $2,000 EachFriends of the Others Much Disnji pointed. ' News ct7icl C<ji trier. Tuenton. November (!.?Judce Hudson hn> injr allowed i>;tiI to ten of tlx* party tinder ai rest in tiie ('tilbreath lynching affair. The n 1 fusal of bail to the oilier twenty-three prism j crs was a great, disappointment and muchdii satisfaction thereat it-expressed by the friend of those, still in custody. The following is Judge Hudson's order c bull, which was tneu in the oince 01 tne tier of Court at Edgefield to-day : The State of South Carolina, j County ok Kinjkhif.U). | Ex parte Wm. I'arkman, Wyatt Holmes and other charged with murder. Application for bail. This is an application of thirty-three citizens i I Kdgetieid, who are in ihe custody of the Sheriff < that county, charged with the murder of 0. T. Cu J breath on the 21st day of September last, praying I i be admitted to bail. 'j he testimony tuketi at the co | oner's inquest Is Voluminous, and in support of tl i prisoners'application more than ninety affidavits wet read, to which the State replied with a half dozen ( more counter affidavit*. The hearing of the cause cm ttumed nearly twelve hours ol my time iu the mid: lit' vi<fv tiw.Ksinir business at tlm resiilur term of ll Circuit Court for Kichland. It is utterly imp-isfib lor me t<> give the great mass of testimony that car< ful perusal and consideration which the gravity of tl case requires, owing to ihe ffrc.it pressure of wor awaiting disposal in this Court, and which, with tl utmost exertion. I cannot finish before the opening1 the Court at Edgefield on next Monday, when tl: charsre against the petitioners will be submitted to tl grand jury. It is an exceedingly delicate matter tor a Judge i Chambers to be called upon to take action, based upn ex parte affidavits, which may in the slightest degr< I influence the findings of a grand jury before whom t | serious a charge is so eoon to come, for invesligatio Certainly I will not, in pnssiiig this order, suffer mj self to indulge in comments tuxm the testimony, in 1 even to the extent of vindicating myself for the aetin 1 am taking. Besides, 1 know not what motion in ope Court may yet be made belore me in belinlf of the a< cused, and I prvK-r not, by any course of resisonin now upon the facta, to embarrass myself in the coi duct of future proceedings, hut to leave myself ui committed and free to act as the exigency may rt-qnir Having heard all the testimony and the full arm ment of counsel upon the law and the facts, I now at ' nounce that bail is refused under the law and tacts an i peculiar ciraimstaniv sof the case tuall theiietitionei I excepting the following persons, to wit: Morgan Dor j K'.bevt Dmn, Arthur MeDaniel, liichard Hammond, V II. Thurmond, K. L. I)ev?re, \V. J. Tttlbert, Wya ! Sciirler, W. L. MeDaniel and 1'. II. ltussey. j Against the discharge on bail of these men the emu 1 sei for the Stale admit that there is no valid objeetii to be drawn from the evidence. and in this I eoncu ' It is*, therefore, ordered that each of the aforesaid te ] prisoners be discharged from the custody of the Sbei iff of Kdgefleld upon each one entering Into n recogn zance before the Clerk of the Circuit Court for tl i county of Edgcllehl, conditioned t?? appear at the ei i suing term of said Court to answer to a bill of indie ment to be preferred against them for the murder < : one O. T. Culbrcath on the 21st day of September his and then and there to do and perform and abide by tl i older and judgment of the Court; eneli reeognizam j to be in the sum of two thousand dollars and to I sinned by not less than two nor more than six surctie j why in the aggregate shall justify In the sum of tw { thousand dollars. Let the petition and all accompan; : | ing affidavits be placed on file in the Clerk's otliee at ! dismissed as to ail the petitioners except the afuresa! j ten. All the others are recommitted to the custody < i the Sheriff as before the granting of the writ herein. I J. II. IlrnsoN, Presiding Judge. At Chambers, November 5, 1^5. ; THE RAILROAD TO CHICAGO. = i o I " V sr ORIGIN, HISTORY AND CONDITION OF THE 11 GREAT PROJECT; t< a * c Gen. Hagood's Report as President of v the Carolina, Cumberland Gap and ? Chicago Railway?The Enterprise J (5annot.be Succeesful Under Exist- J ing Conditions?A Plain Statement of the Causes Which hare Contributed to this Result. f [ Xews and Courier.] At a meeting of the stockholders of the Car- g olina, Cumberland Gap nod Chicago Hallway r Company, held in Aiken on Wednesday, No- s vember4. the following "report was submitted } [ by Gen. Jolrtison Hagood, the President of f ~ the company: {. * f I President Itagoori's Report. Aiken, S. C., November 4, i88-">. J, To the Dlreclors and Stockholders of the * 1 Carolina, Cumberland Gap and Chicago Rail- ? ' wajfi In 1W2 there were live duly chartered f ' and organized railroad companies in the re- c J spectlve States of South Carolina, North Car- i ollna, nnd Tennessee and Kentucky, whose a 1 franchises, If united, gave an almost air line c f connection between the South Carolina Iiail road at Aiken and the Kentucky system of v roads at London in t he last named State. The r obvious Interests of these several roads led to s their consolidation under the name, of-the t 1 Carolina, Cumberland Gap and C'hi'Cugo Rail- i 1 TPay. .... r ' The roads that now constitute the South c Carolina division of the consolidated railway t 1 had, while existing separately, raised and ex- c 1 ponded in construction between Aiken and t 1 IMckcns S'<9.150. This work had been done t cheaply with convict labor, and was estima- r I* ted by competent engineers much higher in s t actnul value. Tbcy had also acquired, by do- t t nation or purchase along that portion ol' the c line, rights of way, depot-sites, &c. They had a a small floating debt, swid assets consisting s ' ehlctly of uncollected subscriptions exceeding p - the same in amount. The assets of the ro-ads \ 1 beyond South Carolina consisted chiefly of r contingent subscriptions, not then or now l i availubte, and their liabilities were little or t i nothing. c " " - ? ' l.n RnlW 3 IIU H n?f A%uuu W4I9 ?.vr mv ?#? ? j j The organization or the consolidated com- 1 , puny took place at. Greenville, **. C., Upon the r ? .'Wt.li September, ISS2, the President and quo- ^ I rum of the directors named in the articles of 8 merger and consolidation being present. A , carefully prepared draft, of first mortgage and * trust deed, under which the Farmers' Loan a , and Trust Company, or New York, was trus- | ' tee, was submitted. A Rimilar draft of a sec- r . ond mortgage and trust deed, providing for j. the Issue of income bonds, was likewise sub- i milled. These forms were adopted, the Presl- r 3 dent (IIreeled to execute the deeds, and WH- I 3 Hum H. .Schofleld, of New York, elected flnan- t ? clal agent of the company, with power of ex- t * elusive management of negotiations for the ( 1 sale of its bonds and stocks. The approval of 3 the sales was reserved by the company, and " 2 the proceeds were to be deposited wi'.h the trustees, to be used only for purposes of conl" struction of the road. A contract witfl the 8 Atlantic and Northwestern. Construction * \ j Company, of New Jersey, for the construction 1 ' | of the railway throughout Its entire length e Was then submitted, examined and adopted. ' 1 Mr. Schofleld, the newly elected financial 1 2 agent was and remains the President of the * Construction Company. Upon this the resig- ' 2 nations of the President, and directors named 1 in the articles of merger and consolidation < were made, their places filled by the election j of the present direction, and the meeting ad- , I limriwil "? The Contract of the Construction I j 1 Company. The company had 11ms adopted a well-do- { t lined policy, and the President and directors i y as now constituted were leit to execute It. ( - Tills policy Units expression In tlie salient i ! features of the construction contract. These I i arc: 1st. The Construction Company contracts ! if to build and turn over to the railway coin puny a completed and fully equipped railt way. 1 2d. It is to rccelve therefor, subject to existe Ing liens, the nssets now on hand or that msiy ] . hereafter accrue to the railway company. Jt i is also to recei ve the proceeds of sales of mort[> gage bonds and all the capital stock of the < I. railway company, with inconsiderable ex- i It ceptions. j i- yd. Tho Construction Company shall com- j inenco within a reasonable lime after the ex- i 1 ecution of contract and complete and fully ( t equip from 50 to 100 miles of the railway wlthil in one year from the commencement of work, i ii To this is subsequently udded a proviso that i I, the Construction Company shall not be I > obUgml to commence work nntll a satisfacto- I ry contract for the sale of the mortgage i e bonds of the railway shall have been made. ( I. 4th. lYndingconstruetion, and commencing i e from date of contract, the Construction Com- : ii puny is to pay the official salaries and ottiee e expenses of the railway company. In carrying out this scheme the financial i i, asent proceeded at once to the discharge ot d the duty he had assumed. His report, hereto e appended, gives the details of his work to ,- date. The expenses connected therewith have been borne by himself utd are not d | chnrgcablc upon the railway. i- The Construct Ion Company availed itself of f- the proviso of t he contract in relation to the I fommcncement of work. For a short time and to a limited extent It provided lor me exponsi's of the railway company's office; nnd then by correspondence and confercnce with Its officers was learned Its Inability to comply with lis contract relative to the Aiken ofllce, or to commence construction before a favorable conclusion of the negotiation for the sale .. of the railway company's bonds wus reached. '* Tlie Director* Try a Xew Plan?The Proposed Deflection by Cireenville. Thedlrectors of (he railroad company, com* ins into ofllce under the circumstances narr-j rated, t^nd restricted In their powers by the J* I matured scheme deliberately and previously I-j adopted l>y IIIC SIOCKUOIUVIH, piuix-tuuu IU <-1 such duties ns were left to litem. They realIs (zed In part the assets of the South Carolina I railroads and applied the same to their float>f. ing indebtedness and to engineering work upk on the South Carolina division, while .".waiting the progress of Mr. Schofield and the action of the Construction Company. When it became apparent that the latter could not commence work until our bonds were sold, ' the direction gave their attention toctlecting . what in ibis particular that company hud L been expected to do. Propositions were en. tertained from Greenville to deflect the road , by her borders upon the condition of $11)0,000, " to be at once contributed ar.d expended in r[ construction from Aiken Northward. It met 'c with strong opposition on the part of the lo"e callty by the deflection, and of the financial jr agent, who claimed that any divergence from n" the original line would affect injuriously his _ negotiations in England. An examination of i our charter and of our contract with the Cone Ktruction Company also interposed d illicit i> L'" ties. Could this Greenville proposition have | been promptly accepted It Is, In the light of subsequent events, ntoro than probable that ":.jthe South Carolina division of our road "'I would now have been in course of complc,(i tion. ic Trying: to Itnise Money by Popnlnr " KllDHCl'ipilOU liCi'IlllKK HIV * UH" ;t. strnetioii Company Failed to syo to 'o Work. In October, 1883, the first nnniiHl mcotlnirof ,t the stock holders of the consoilldatcd raihvny in i was held at Aiken. The following is an e.\? 1 tract from the president's report then stibj. | milted : i-r "It. is patent that the policy adopted at tlie oriranini-1 tfon of the company lints failed in results tip to this t-; (Into. The Construction Ci'inpany has not thus far e.! shown itself able to meet its contract, an?l now frank* j i- j ly informs us that any ability it may hereaiter de-1 ] vt-lop to do ro depends upon tho succi-B-ful ncgotin-j d lion of our bonds. If the Construction Company J I - ... ? 1.. <? ,l". !h CUIJItl CUIHJK)' Willi iw U'liimvi m uvnvi h?*|?ivio iuv i),' railway company is conceded to hi; under legal obligak j tton to continue to await its commencement of cr>nIt | struction. The Construction Company having failed, I and continuing to fail to meet its obligations relative i-1 to tiie Aiken office, the contract broken in part limy in ] be considered broken in whole, and proceedings taken : r.' to annul it. Both considerations of policy and good, n 1 faith to Mr. Schofield, who at least- has done all that he j p- ! possibly could, make me loth to recommend this ex i- j cept in the last resort. The Construction Company j ic I continuing to fail as aforesaid, the railway company its 11- J ptesent resomci s cannot keen up the Aiken ollice or j t- any other, nor can it probably keep up the survey. I of j Toe diffletilty of realizing Its present resources, conit, ! lined to the residuum of the subscription list, will be j le i practically Insuperable; certainly no additional re-. ;e coin ces will be developed. This state of things will >o be construed into an abandonment of the work, and is s, to last indefinitely, for the financial agent has not fixo ed, and in the nature of things cannot, fix a tUne when > - his hopes will be realized or abandoned, depending as id they uo upon as uncertain an element as the lluctuaIrl tinna fif thn Slnfk Kvi>h<inrr? I oi' "in looking at the sul'jcct in nil its nsppcts" I thi reforc respectfully recommend llml the railway coin | pany do what I lie Construction Company has I'uilcd to j do?that ia lo say, by our own ifl'urt build aud equip a ortlon of. the lirvev Ot-wb may endeavor to erode y( nd crosstie the whole South Carolina division from U] .iken to the foot ?f tho mountains. Article XXXI m f the contract with th? Construction Company pro- fli ides for modifications and is available In this conrtec* tl ion. li' "It Is believed that with amendments to onr char- ai ?r, which will permit towns, townships and counties ftl Ions the line to subscribe .by popular vote, this wofk st in be accomplished und vitality retained In. out en- g* srprli^e. We In.ll to see how it cnti aflfi-ct, except foorably. the present line of negotiation for the saje of hi urbonds, and it permits us to await patiently Its tofr* fe linatlon. If this as now inaugurated fails, we will I ave secured a better bisis on which, at a better tithe, Ql i) renew It, and we will hnve placed one-third ot oar w rhole line in a condition to be beyond doubt speedily peratetl upon a paying basis." ei Help Me, Cassias, or I Sink. w Upon the presentation of these affairs, thus iven by the presidents the stockholders by E( heir action reatBfmed the policy adopted at lie organization of ihe company and contln- ' ied undisturbed its relations with tho Con- ? truotlon Company, but adopted ttie recom?uendatlon calling upon the towns'and townhips for subscription in aid of the construc* Sl ion of the South Carolina division. The a iresent direction was continued lu office by e-election. # w Stiinil?(l by the First Blow. * R( The necessary amendment to our charter p rasjjobtalned from the succetdlngL'cglslature. hi nd Aiken, the initial town, was called upon c< or a subscription under its terms. The result ii ine popular vote was a reiuxai i>y u. mimu najorlty so to do. Upon tliis It wqp deemed ? dvisab.'c by the direction to suspend other ffort to obtain subscriptions uuder the Act. The second annual meeting of stockholders ?as duly advertised for 29th January, I860. A eprescntntion of a majority of the capital ri tqclc ol-the coujpany was not obtained, and i( he meeting adjourned. Uuder the. by-laws h he old direction held over in the manage- si nentofthe affairs of the company. They losed the Aiken office, furloughing the secre- d ary. The records were placed in the hands tl >f the trer.surer, that gentleman consenting a o accept the additional dnty of acting Fecreary. No amount has been paid or indebted* fl less incurred for. the salary of any officer c inoe that date, they at their own suggestion d hus serving. In the further effort to carry tl >ut tlie views of the stockholders expressed C i,t their last meeting In relation to the con- a truction of the South Carolina division, the tl resident was instcuoted "to communicate d vith the Hoard of Trade and Chamber of Com- p nerce of Charleston, and arrange, if accepta- a >le, an interview for himself and the dlrecors with the said bodies for the purpose of t: lonslderingthe subject of the Carolina, Cum- t >erland Gap and Chicago railway, in its rcla- tl Ion to the city of Charlestonj and if snc|i in- tJ erview be arranged that the presldentanddl- |i efttors of the South Carolina Railway be iu- a tn otlonH /%? In ho rnnrocoi".foil thArnof " f, IW'wVt tu UVkVUU W? kU MV A V|'?VWVU VVV? VUVI |< The Conference in Charleston. rl The interview thus suggested wan nrranged tnd was preceded by town mcttinjis along v he South Carolina division, in wliieh, with ? nuch unanimity, their co-operation was {J >ledg?d to the effort which Charleston was to " >e solicited to make. Delegates were also ap- S jointed at these meetings to attend iu Char- * eston. These delegates and the directors of J* he road were met l>v the representative bnsi- 1 less men and merchants of that city lu the )" Jhamber of Commerce. J? ro t oite With the Savannah Valley ii Railroad. 1 A full and free discussion was had, and the ense of the meeting was expressed In u resoution: "That earnest and immediatcsupportshould ? >e given to the railway from Aiken in the di- j1 cction of the mountains. That the line of }: lie Carolina. Cumberland Gap and Chicago , Hallway is, in the judgment of this meeting. J he most practicable for obtaining a good 10- ^ sal business ill SotUh Carolina, with the possi- ^ jility of extension to the trade centers of the J1 ft'est and also for uniting with the Savannah J. Valley Road. That a committee of seven be { appointed by the chairman to confcr with the 1 Dresiuem ana uireciors 01 inu uaroima, i^uni >erland Gap and Chicago Railway, to deter" ? nine upon the most practicabe plan of giving J' lid to that enterprise, and that the same corri- 11 nittee do also confer with the president and 1 iirectors of the South Carolina Railway with [ i view to enlisting said company In any plan 1 :hat may be ildopted." * . ? Standing Afar Off and Viewing the c Land of Promise, With Sublime (Indiffcrenee. c The stockholders of tbo South Carolina J Railway responded in the following resolU- ; Lion: 1 "That this company views with great inter- e ?st th6 lino or railway from Aiken to the * mountains, projected by the Carolina, Cum- * berland Clap and Chicago Railway- Company, * ind will sanction any effort in aid of such en- * Lerprise which, in the Judgment of the board J; Df directors, may be proper." c Subsequently the directors of the road and \ Lhe committee of seven conferred. The position was substantially taken by the committee that Charleston's aid could only be Riven In the purchase of our bonds, and thata pledge j sf local subsidy must precede any Successful f call upon Charleston investors. It was fur- i tiier accepted that the amount of the subsidy t must be sufficient to grade, trestle and cross- t tie the road from Aiken northward as far aa t Abbeville, and then upon a first mortgage of t so much of the road the amount of bonds suf- , ficicnt to complete ami equip It (sav $">00,000) y could be placed lu Charleston or tbrougb ? Charleston effort. , What Mr. Schofield Promised and j What thc'PeopIc Wore Asked to Do. j Mr. Schoflcld, the president of the Construe- j tion Company, who was also In attendance, at once pledged that company to the nec-emsary j legal arrausemcnt in regard to the mortgage, : and the delegates lrom the towns unanimous- I ly advised the direction of the railway company to forthwith call upon thelrconstltuents, ' under tiie Act of Assembly already obtained, : for the necessary subscription In town bonds. : The town meetings referred to had already ] fixed their proposed subsidy at 5 per cent, of J assessed taxable values, and declared that it . should be conditioned upon the action of Charleston. The delegates now recommended that the condition of each subscription I.a thof 4f lia niivnhln nnnn n ltne> pnin. i plcted to the town or through the township subscribing, as t he case tuny be. This recommcndalion was adopted by the directors of t he railway, and the president directed to sign the the necessary papers to make i: a part of the subscriptions about to be asked. The Elections Resulted In n Successful Issue In Every Town and Township, Except Aiken. The elections have been held, and resulted ] in a successful Issue in every town and town- ( ship along the line, except in Aiken. That township lias again and decisively refused to vote the subscription. With Aiken we would have realized from Abbeville southward In subsidy SloO.lKM). Without Aiken we have had ! voted about SIiiO.OO). The.subscrlptions north s of Abbeville, and which are not considered in 1 the terms of the Charleston proposition, J amount to something like ?2),000 more. The ( estimate of thechief engineer is that tograde, f trestle and crosstie the road from Aiken to s Abbeville, a distance of G-3 miles, would, in nd- ' dition to the work already done, require an ' expenditure of something over Sl-'JO.IOO, and his estimate is probably a minimum. j Cri2>plcd by Conditions. rn II II.: 4I.? ,lnloiM^o , I" l[ll'i;winiiuuii ^lujawcu vtiw uvivauww ' in Charleston that the subscriptions voted t should be payable upon a completed line, i some of the towns and townships voting added the luri her condition that the road should he completed to each within three years, In accepting their subscriptions the railway company must also accept this further condition, aud it may be seen how the value of the aid voted is thusaffected. It is. as it stands, in the nature of a bonus put up to be delivered to the railway company when within a specified time it has built and put in operation, > with such other resources as it may provide, the road as far as the locality subscribing. It produces not a single dollar to go into construction until alter such locality is passed, and, until then, the only aid it gives to construction is in >o far as it may operate to Induce other parties to put their money into the , enterprise. The superadded condition as to time must impair this ctlcct. Still, with the immediate commencement of construction ' provided for, these subscriptions retain full ! value.' Upon the unsuccessful result of the Aiken election the situation was laid before the Charleston committee. It was realized that < their stipulation as to the amount of subsidy 11 was not comnlied with and that the effort of * the railway in that direction, Cor the presents at least, was exhau.-tcd; but the interest ex- ! pressed at the mpetlng in tlie Chamber of Commerce was considered and the committee ' was "asked, for your information and guld- ' nnce, if in their judgment upon the facts as ' stated the negotiation with Charleston could ! be continued with probability of success. j Xo Hope for Aitl from Charleston. Thecommittee have reported as follows: "Chaki.kston. S. ('., October 31, 1SS5. "General Johnson Hagood, President?Dear General: I have received yours of 27th and tlie; same lias been duly considered by the ] committee referred to and I think that it is I due to you that I should say frankly that none i of us believe that >ou could place of ] Dur bonds here or any thing like tbatamounfc pon such a showing as you are now able to ake, and I think that I should go further' id say that I see no chance of doing any-' ilng at all here unless you can secure more sip than now seems probable aloug your line' id at the same time get entirely free from' iy entanglement with Mr. Schofleld's Conruction Company and the existing morl*' ^HB ige. "M "It is unoleasant to think that you are td a.ve had all the worry and trouble to no ef-"1 ct, but I fear It is so, and I don't think-that1 v3H would be fair to you to hold out any hotot$ > raid In this quarter, which In my opinion' fl 111 not he realized. H "I think that you know that there has nev-' ' * been any great enthusiasm here on thin'. lbject. It is strange, but It is true, that those ho are most vitally concerned, the wealthy / IB ien of Chariesion, seem to have but a Ian** uid interest in such enterprises, and from the' ?glnning I have never felt that we tfould ap-' eal with any success unless we could give al -W ^asonnblo assurance that any money Invest- Bfl 1 In the bonds would be measurably safe,: nd those conditions don't exist. "We could not say with safety that a loan jch as you need to build your road would be reasonably secure investment; " "I am very sorry that it is so, but no good' 111 come from refusing to look thedlfflcuitlefl inarely in the face, and in answer to your nestion I feel compelled to say that I see no* ' .SB0 robablllty of yoursucceeding here In raising ny money for your company ih its prdsent jndltion. Yours sincerely, <lc., W. H. Beawley." 'resident HagoodN Conclusion^-'* Having: Lost Faith In ite Success* he Cnnnot Continue the Effort. \ I have thus endeavored succinctly to narite the history <>1 our enterprise; since its or- V ' jln three years ago. and It seems to me that ufl| i reviewing it the conclusions force them* jives upon us : 1st. That the Construction CoraDanV has hot ?' SI evelopcd the strength Implied fn the obliga- V ^ Ions ft assumed and of itself is powerless to dvanee the building ol the road. \ 2d. Notwithstanding the energy, ability and! dellty with which he has labored, the Unan- '^1 lal'ngent, embarrassed by a long continued eprestsion in the market for railway securi >ei>, and by the failure of the Construction ompany from Its own resources to complete, s was contemplated, a substantial portion of ? lie road from Aiken northward, baajbati^- > '9B eflnlte prospects of success In his euoruj.lQ ;| lace our bonds upon the eiistihg basis of our* . JM 3d. The efforts of the present railway direcIon to supplement the failure Of the ConstrueIon (.'ompan^aud to strengthen the hands of he finqjiclo.1 afc?nt by building and equipping1' hM li?-1?otlth .Carolina division of the railway at cast as far as AWbovlllej have-not met with an dequate response from the parties most in- Va erestcd, to wit, the people alon* the line anil > t the practical terminus of the road In? 'harlcston. For the scheme of construction underwhich1 xMI w have been working I am responsible to the . .aH xtent that I accepted office under it after it 1 ad been adopted by tho stockholders, and j iave continued for three years to endeavor to- I nrryitout. Having lost faith ip its stlcbesft- ] cannot, In Justice to myself or to tho*b j . hose iulcrest are placed In my hands, con- ] Inue the'effort. It has hud my best exertion?, working within the limits prescribed, and I iow> wltn full appreciation of the honor con- r.-Jk erred lb putting the charge of your luteresta i?g q my hand8rsurreuder the trust. . ,1 iwo Currents of Trade In Soath Car* olina. Sincfc the first settlement of the Atlanta ' euboard there have been two currents of ' '^l rade In South Carolina! one setting from tbe nterior to Charleston and one from the interor to northward ports. More than a huudred ears ago Charleston had her trading outposts a the Appalachian Mountains nnd In the >? 'alley of the Mlssisspph with trains of pack lorses for her means or communication; at he siime time beeves were driven on foot 4 rom tlie upper country of South Carolina to he Philadelphia-market. Theslcd, tbe wagm and the railways have successively left $3 ,nd followed these currents. Atone time the "-fS Irifthnsbeen strongest toward Charleston \ J utely the northward current prevails. Since ~ I be loss of the control of the Greenville Rail- ' 1 oad and its tributaries) every road Irnversng upper South Carolina^ and, with the ex* '1 eption of ours, every road there being built I s in adverse, interest to our chief cotnmer* . "in ial city. The Carolina, Cumberland Gap and Chicago Railway is un effort to reptore her ^38 indent supremacy in the trade of the upper ?4i our.try of the State and to open up a directed exclusive connection with the trade ceners of. the West. But it is to be noted .that he localities In South Carolina which have xhibi ted the most Interest in this enterprise ll lie in this upper country. Aiken. vhlch alone from the beginning refused her ' -1 ild, lies below the border, and the assistance ? >roffered by Charleston is to deal commcrilnlly iu our securities when presented In acceptable shape. Cupper Carolina Looking for Other J| Outlets. These upper counties have put their money nto the construction already accomplished, M ind have voted to put more. Whether, as a 1 usury or as a necessity, they are determined i o nnve, ana 10 nave soon, ranrunu cuuuw ,lon for themselves. Already, In contempla- ~\ Ion of our failure, Pickens Is talking of conlectlou with the Georgia Central system at \uderson; Abbeville of an Atlanta connec>y a short western road to a point across the . savannah; and Edgefield is discussing a narrow guage to Augusta* This history and hese facts are noted not in a spirit of crltisism, but as considerations bearing upon the jrospect ot our affairs. Whether our enterirlse succeeds or falls will be speedily deternined. We cannot stand still without being >verwhelmed in the rush and rivalry uf the iexv era of railroad building which is upon is; and it. is to my mind ueyond question ihat success can only be secured by decisive measures taken now. What those measures s tre to be it is for you to decide. Whether, ldhering to, and perhaps readjusting your present plaus you will continue under nappier auspices to attempt their execution, or ivhether you take some new departure that may show Itsell at once practicable and more promising of results, it is for you to say aud lot under the circumstances for rue to sugje?f. I have not lost my faith that the ocal interest of the portions of South - MA Carolina traversed are best subserved by the [,% Charleston connection which we seek. Nor /' j :an I lose sight of the direct connectiou with he fertile valley of the French Broad, the wonderful mineral relgon of East Tennessee, / | :he coal fields of Kentucky, and the rich prai- l~ rles of the West. In exchange for their pro- / Iiiels those of our fields and forest*, our rising manufactories, and our phosphate mines will find their best market, and in tho \ \l ;raud possibilities of this lucrative traffic Is involved not only the wellare of our historic \ Jity by the Sea, but of our whole State. , , The Treasurer's Report. Tlic report cf your treasurer Is herewith submitted, showing in detail his transactions since your last meeting. The total indebtedicssof the road on uli accounts is $10,735.6(3; ts unrealized assets are $J2,663.02. The value )f the work done in engineering and construction, the value of rights of way, depot sites, Ac., purchased or donated, and the fran:hises of the company, are not included in ;his estimate. v The reports of the solicitors of the road also accompany this. There are some minor mutters or litigation referred to thai demand your itiention. The report of tlie chief engineer embodies irery valuable information, and the report of he financial agent, already referred to, will receive your careful consideration. Respectfully submitted, JOHNSONIIAGOOD, President. STOCKHOLDERS' MEETING. ?. The President and Directors Decline lie-Election?The Stockholders to Meet on the Second Wednesday in January. Beside matters ofdetall.the following action ivas taken by the stockholders: On hearing the report of the president, orJcred that the same he luinished the News iiid Courierj of Charleston, to be published for the inlormation of all parties interested in Lhe enterprise. Resolved, That this meeting take do action upon ;he said report, but, when it adjourns, it adjourns to neet at Aiken at 12 M. on the second Wednesday in January neSt, with a view to a fuller personal attenlance of stockholders, and mature action upon tbo subject of important matters involved. Wfterea*, The following resolution of the board of lirectors lias been submitted to this meeting to wit: *That the board of directors, ci^currintr fully in the statements made and the views expressed by the President in his report, will decline re-election and submit the future of the railway thus disembarrassed to tlio itcilon <if the stockholders." Resolved, That the stockholders request the Presllent and directors to retain ofllce till the adjourned meeting in January uest. Tin-: Prcx* and Jiunner has some stoctc on liand Just now, and can print nice bill head*, letter heads, &c? at the lowest prices. All persons are luvltcd to examine our samples and' prices.