Historical Newspapers of South Carolina

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-v-v' v - ^ : . *' --: - :-s - /. -a? BY HUGH WILSON. ABBEVILLE, S. C., WEDNESDAY, APEIL 14, 1886. VOLUME XXX. NO. 41. J||| JUSTICE IN YOEKYILLE. | ? BISHOP IS SENT TO THE PENITENTIARY j FOR SHOOTING A TOWN MARSHAL. Ilcmarkablc Slate of Affairs in the Town of Black's?A Xicc Kettle of Fish all Konnd-Manly, Straight' forward Testimony -- The Town Marshal who Iu tended to X'dt His Man in the Oallahoose, Dead or Alive, was Himself Put in IliSj Cfrave. Yorkville Enquirer. After the reading of the grand jury's report, the case of the State vs. Kobert Bishop charged with the murder of Arthur N. Tur-j ner. Town Marshal of Black's, an incorpor-j iited town in this county, was commenced. I The deed was dialed with having been com-! milted on the 23rd of November last, between ! the hotiTs of six and seven o'clock in the J evening. "W ith the accounts of the affair, as j published at the time, and the escape and subsequent arrest of Bishop, our readers are familiar. lie was arrested near Augusta, Ga., j on (he night of the 22nd of January, by a de- i nmOimoni ftf tlio Aircusfa tmlieo force.sent out! -to meet the incoming train, on which thcj Chief had been notified by telegraph that Bishop was a passenger. On the following Monday evening, Lieutenant Twiggs, of the Augusta force, delivered him to the Sheriff" of York county, since which time he lias been In jail, no effort having been made to obtain | bail. Bishop, who is a fine specimen of physical manhood, and a man of good address, appeared in the court-room with cleanly shaven face, except his moustache, and was neatly attired. By direction of the Court, the prisoner's dock was placed convenient to his counsel, to the right of whom, and near the prisoner, his .. -w_ V..,,.. /llrr.ilHrwl oil.I iUiilfi, Jir. .ii.uiiii ui?iivj>, u >.-> ?...v | very respectable looking citizen, was S"ated ! during the hearing of tiie testimony, whi Fe I 1 lie prisoner's daughter, an interesting little cLild of eleven years, occupied a seat near lier grandfather, liishop is a widower, hisi ' wife having been dead several years. Ilis bearing during the trial was easy and uucon-j strained, but entirly devoid of affected nonchalance or assumed indifference to tlie ini-| portance of the proceedings in which he was ! the prominent character. Messrs. Wilson & Wilson, of the Yorkville bar, and Mr. J. C. Jeffries, of Gaffney City, xvf rc associated with Mr. Solicitor McDonald in representing the State, and the defence wiicpntuliiftwl hv Mr. I. G. MeKlssick. ofi Union, Mr. J. IT. ltlon, of Winusbcro, and ; Karl ?fc Hart, of Yorkvilie. Testimony Tor tlie State. TPttNER C05IKS ON BISHOP WITH PISTOL IN j JIANI), AND IS SHOT-BISHOP'S PREVIOUS THREAT TO KILL WHOKVKIi MIGHT SKKK TO ARREST HIJL Tlic State opened with the introduction of A. G. Smith, w.io being sworn, testified: I live at Blank's, in York couijfy. I knew Arthur X. Turner. He is dead. lie died ou( thelHth of Novemuer, ne was smu uu t 'Use23rd of November; was shot by Mr. lJish<ipt the defendant at the b<?r. On that evening I 3 arrested Bishop. He had been drinking \vTviskyand threatened to whip out the town council or have his money baek?a fine of ?,"> which tiie intendant had previously assessed j itgainst him for a misdemeanor in the town. I He had been talking to Turner on Use subject, j and told Turner to got his d?d council to-j g.-ther, ttiat he wanted justice. Turner asked |1 jiip toiissi>t liim in gutting up witnesses for 1 .ifcereftcarins of the ease before the council. The council s-istaitied the inteudant in tininj: .Bishop*). He then pulled out his pistol and swore he would not pay the tine. Turner was i!ie town marshal, liishop told Turner he 4 would not. be arretted- by anybody. Intc-ti-j, OiUll lUaCK SUHl'Koie^u IHIIIV! >11 arresting Bishop, i went up to Bishop and ( .asked him to be quiet. lie said lie would not *i>e arrested. About Hint, lime lie and .Mr. <io*s siarted down tlie street. After going a xliort. distance, Turner came up towards us and Bishop said to Turner, "Why have you >iot that pistol?" Bishop then shoved me away ami shot Turner. When Bishop spoke <o Turner, Turner turned sideways to BKhop, V'll Tursi:* wis stinting still wliei he wn>hot. llis hau^s were hanging down when Kishop spoke to him and when he tiled. It was atiout three seconds after Bishop spoke to Turner when Bishop tired. J5i-In?p the.) st utcd to run and seemed to strike at Go.-s. Bishop's conduct had been boisterous. Turner Jia<1 beett town marshal since June. 1^"*. $Ssh-ip wa< In Black's in August. I saw liitn ?it (JatFn-ey-Olty atiout the 1st ol" October, and aie then said lie was coining over to Blade's to ?hoot Mr. Turner tor having shot at ins mare. The- killing occurred in \ one county. Cross-examined?Bishop's marc was shot at on the tir>tSunday of AtuuM, last. The e >nvcrsaticin : wiUi llishop at Oad'aey City was ; si'KV.it the first of October. I ?lo not know of| jnv own knowledge tlr.it Turner shot at IJish-j op's mare. The shooting of Turner occurred I jiijoat duSk, near Simmons i& .lackins'>t >re, near the railroad; no other building was near, j Turner fired oinvs. After the shooting some Ir.fie handed me Turner's pistol. It was l! eal-i S*>re. 1 shot twice at Hi<liop. All the shoot-1 4ng was as follows; HUhop shot once; Turner once ami I twice?four shot* ?n aii. I do not know of any one else shooting. Tumor had a<kcd Rishon a time or two to keep quiet, stud Bishop told hint to go away from li i in <?:* lie would kill him. When he tired :it Turm r he asked, "\Vhy are you coming here with tiiat pistol?" Ite-Jireet?Rishop's pistol was :IS calibre, liishop tifed ijrst, and Turner tired only one.-. The H ho*, it in;; occurred l<*n or liiteen step-' from the corner of the building. Hi-hop h id j Won on the other au^le and tui tied theeorner. I 3>i.-hop thro wed me ba-k and pu-lnd (Joss d ?wn and then tired at Turner, saying that he would kill the first man that came to him. Th'>Ktiooitn'^ occurred about an ho'iraficr the re-he trim; of the cusp by the town council. In the meantime liislmp was cursing and abusing the town council. BI3UOI> KNOCKS TUKSKIi, AXI) ASKS HIM TO ' f.w OFF ANI) LKT 1J1M AJ.ONK." Dr. D. S. Ramsour, swoin: I um a practicing phy.-ieian at lilack's. I attended Arthur J*. Turner at the time lie was shot. He was shot in the loll ship, twit unit a nan incites ft i X lie lett and he low tnc nipple. The hall pass-1 <-d through and lodged against tbo spinal minimi?passed directly throuuh to the kit oi'| the spinal crtlumn. The wound produced i *l?:ath. I took out th<* ball. (Kxhibited it.; I [ <lid not see the shooting. I saw Turner walk j rip to Bishop a few minutes before the shooting ami asked him to he quiet.. Bishop then struck Turner in the breast, knocking him back two or three feet Bishop said, "( Jo oil" nnd lot in i alouo." He struck him in the ftreast, and put his band in his po-ket whi'.u he was talking. This was a short time before the shooting. I saw Turner pa*s around the corner about a hall a minute before the shooting. I do not know tiie calibre of the bullet.. |} I was in the council meeting about the time it ? adjourned. Bishop, pointing to Mr. Crosby, one of the council, asked. "Who is that tl?<1 man?" He then drew out his pistol and fchonk it about. His demeanor after the trial was about the same as in the council-room, lie talked louder than common and seemed j to be mad. . jtjdn't know anything alloct sliootinij ayr bishop's ?iauk. t t> cirnrn t )ie:ird Bishon sav iu < my barroom, in Chick's, in tiicHuttcr part ofj September or the first of October, that he| would not be arrested in that town. He up- j pea: ed to be intoxicated and asked, "Where is old Turner?" He pulled out a pistol and showing the bi'lls in it he swore he would not Rearrested in that town. Turner was then j policeman. I don'i know anything about) Bishop's mare having b>cn shut. I beard of j it. Tnistalk was alter the mare was said to! have been shot at. Cross-examined : I was not a member of the town council then and am not a member j of it now. I am a barkeeper and have been a I member of the town council while a bur- J keeper. Wol'Ll) KIDE OVKll TJIE COU.WU. OK llAVK IfJS MOSEY IJACK. II. I/. Spaers, sworn: I live at Cowpens in ' Spartanburg con'iiy. 1 know Ittshop, and have kn ?Wii him for two years. 1 did not j know Turner. 1 heard iiishop say, one Sun- ' day, that the town council oI Slack's had i iitoleu >j from bi:a aud he intended to go to . [Black's 011 the next day and ride over the town council or have his money back. IIL TOI.n TURNER It 17 WOULD SHOOT HIM IF 1IK ATTEMPTED TO ARREST HIM. .T. G. Baber, sworn : I know when Turner Was shot?on the 23d of last November. I heard Bishop say 011 that clay that he came over for a new trial or a new fuss, he didn't rare which ; that ho had come for satisfaction. A part of the time ho was talking to Turner. He told Turner that if he attempted to arrest him lie would shoot Mm and run. 1 iicaru him say this between 15 and 4 o'clock that afternoon, and 'he shooting occurred on the same day, between sundown ?nd dark. Bishop was drinking and cursingthn mayor of tlie town. He said that he had not had justice, and that he wanted justice. I saw 110 badge of office 011 Turner. TURXEK PURSUES BISHOP?BIS1 [OI''S WARNING. \V. ?T. Carpenter, sworn : Soon after Bishop gotott th* train that day, I heard him say that the town council had cheated him o<:t of - * * -1 * ' s ? *m\ f?.t fT'nnr ? ;>. anil DO WOI1IU IlilVB II "? i.w V.......J City pnrali/.ed. He threatened to shoot Cms-. by, n member of the town council, or Hlaek, tiie intendant, or have back the io. 1 heard Turner ask him to be quiet. On t lie second time Turner vent to him and asked him to be quiet, he told Turner that if he came back to him again he would shoot him. Afterwards I smv Smith and Turner near Simon's store. Smith had hold of Hishop'sarm. Turner was coining up towards them. Risliip said. "Turner, what are you doing with that pistol? If you come any nearer I will kill you." I Then, pushing Smith aside, he pulled his pistol and tired. This was the third time Turner came up to Bishop. The second time Turner spoke to Bishop, Bishop threatened to kill him ; tive minutes later Bishop fired. the intendant directs the marshal to SHOOT BISH01'\S HORSE? HE ALSO HINTS THAT HE SHOULD SHOOT BISHOP. J. \V. Black, sworn : I am intendant of i Hlack's. Turner was marshal, appointed or elected l>v ilie council. A week before the shooting Turner brought Bishop and a man named Ounlhnrpe beforemefora misdemeanor. I fined each one <vf tliem ?5. About a week later Turner told me that Bishop was in town and threatened to shoot me or have I back his$*>. Bishop met meand said lie would j have a new trial.. i told him he had the right to appeal to the council. After this cnuversation Bishop came into my store and asked me what I had against him. I replied, nothing.} He then threatened to bring his horse to town ; and ride over the d?d council. I said, lanuh- I ' - I'" l 1I1JT, "V 11 i ivwemia-Miniii in u.i .-11. v v | you wouldn't ride over me," and he said, %lSo, Jim, I wouldn't hurt you." On Bishop's do-! ma:id the council was callcd together and on ! a rehoaring of the ease my deeison was sns-| tained. -Mr. Crosby made the motion tostiK-j tain my decision. When I left, tlie council j room Bishop was talking to Turner. I went on to my store and heard Bishop say no more afier,Jbat. Bishop said to me on one occasion that Wild n't know what kind o?f a man he was. He said his body was heavy enough to: break his neck. 1 have heard that Turner, as town marshal shot at Bishop's horse. I hud triven Turner directions to.iltoot the horxc. Frank [ GatFr.ey was riding the horse and creating| gnat disorder in the streets, defying arrest,; and as the ea^-ii-st manner to put. a stop to liis . conduct, J directed the nnrshfdto shoot the home, [ for which the corporation would pay, if neco* 1 sary. I hod idtempted toseizc the hridl-c of the ; 0...1 in rl,,irw sr, fin It'll fV slrtlflc !l*t lliV hand w-it ia a knife. On the 'J Ird of November ; Bishop's conduct on the streets of Black's was very disorderly. I ordered Smith lo asMstj Turner in arresting Bishop. I instructed Turn , < r to discharge hi* duly as marshal; that if Bish- i op was disorderly it was his duly to arrest him. I I BISIIOP WAS IX TOWN, AXD Fl*X WAS JCXl'KCTKl). j J. M. Allison, sworn : I was in town when' Bishop caoie up. Soon nfier seeing Bishop, I saw Turner and told him that Bishop was in j town and I vrjircf'-d we trotdd hare same fun j Bishop came up to wivre I and Mia !: were, and called to Black. lie then said to Turner j he wanted him to got tiie council together. > Hi; then said to Turner, "Conic here and I will give you a whipping.-' He slid he would have . his ? > hack or kill Black. When T.irner came i!j? His'iop shoved him away from him and said he didn't want any such a man ahout him. After this [ heard Bishop cursing jiihI talking. I did nor hear JiisUop say anything about bis m iro. He was boasting and threat- ! cuing us a drunken man would do. lilSUOl' CAME 1'Olt A NKW TKIAL-IIH TALK-j Kl) "j.OL'i)." I J. T. Goforlh. sworn : Bishon snid to Black that he had come over for a new trial, and usUcd Black if lie didn't- Miink lie had been I treated bad'y. I hoard Bishop talking loudly j r?n the street. I heard Black when lie summoned .Smith to assist Turner i:i arresting j Bishop. I saw tho shooting. Bishop tired the first shot. He fired at Turner. 1 do not know I who fired next after the lirst shot. I was distant four or five or six foot when the first shot i was fired. Cross-examined: After Bishop fired he j start-dolt and seemed to stumble and fall. A Dt Hi I till* time lio ?m up 10 siari uji i ii uvi- mi six shots were fired, and one shot was fired at- i tor he started. Ul.silor SAII) TO Tl'RNKU I "DON'T COME Ul' ' TO MB WITII THAT J'ISTOL.*' Hogue Allison, sworn : I was presort, when | Tinner \vn< sln>t 1 had hoen around town all | the evening. After the rehearing 5 el'oi e the, town council. 15ishop was on the street cms-i in_r. Turner ashed iiim not. to curse on the! street, liishop replied To him, "(Jo aw;iv ; i( will do as I please." Turner summoned me l-o assist him iu nrr<t;!in:; itishop. on the :tttempt to arrest liishop, he said toTurm-r, "("Jo i away; 1 won't hciinested hy any man i.'i this town.1' Turner and 1 ajain :?:inrorsehed Huh- ] op, and he saiil. "Don't eoinc lip to me with that pi*t.ol," and as he spoke he fired. Turner fell, liishop tired thelirst shot. Turner was | in the a<-t of stopping when liishop tired, and : they Were six or eight feet apart. Turin.r'.f pistol iras ilnifii lirhiml him when > ? '/, and he did not raise it previous to J.isli op's ;flriug. All r Hishop fiivtl, Turner lired ; twieeanu .sniiiii tired twice. J5I.SIIOI' WAS Ct'KSINfJ ON TIIE STItEKT. Dr. T. 15. "Whitesidos. sworn : I am :i nietn- ! bcr of tin- town council ol litack's. l>i>hop I was cursing on the streets on the 23 rd ??t" No-; vemher and difinaiidin^ a rehcarinsx on a do- j ejsiou previously made by intendant Mack, i The rchoarimr u as granted and t lie decision of the intondant sustained. 1 saw Bishop, j Smith ami <!os>*siandinsr on the street, some i time after tho council adjourned'mill all ap-i i-eared to tie drunk. A few minutes later; Turner came down street in the direction of j the council hall, where ttse pnrtv was stand-1 ill sr. I (ih'visn! him >tf/'tinxf '/"in)y ?//> I'> them. Hut lie went up and wa< tired on by Hishop. j Turner rind twice sifter lie fell. someijouy | below this crowd fired and the ball struck , near where I was slsinding. I saw Smith j when he tired, and I thought, this stray h;dl ! wjis tired :it Smith. IJishoji told Turner to I stop and about two seconds iator lie tired. j Turner was standing still, his pistol hand j hanging down, when HNhop fired. They were distant from each other eight or ton loot | when Itishop tired. It was Mr. Crosby Alio' inside the motion toallirm the decision of the | iutendant. { Cross-examined: liishop fired first, and j Turner immediately returned the tire. T IT K.N" KII ?JtCTS HIS DHATIl WOfNI). II. A. WVstbrook, sworn: I saw Turner come around the corner and approach IJisiioi>. Hisho',1 drew his pistol and shot Turner. liixliop jerked out liis pistol and lired on Turner, who appeared to have stopped. Turner's hands were han.'iin}; down when ilishop tired. ]>istiop liroil the first shot. There were five or seven shots tire 1. Turner fell. ???d as he fell he (lred on Misiiop. Turner lived about twenty-four hours after he was shot. TilK VOTE or THE TOWN COUNCIL. Allen Crosby, sworn : I am a member of tlie town council of L> lark's. I heard liishop threaten to shoo! any one who eaiue up to him. After tiie shoot hit; I approached 15ishsopto aeertain the extent of the woinuK lie said, "St*ip. or I will shoot you. You have come to arrest me." Jl v*as I who made the motion in the meeting of iho council to atlirin lhe decision of the intend int. (."ross-examini d: 1'tvn iwiuUers of the council vital to t nil hi the decision and tiro voted uyuiiwl it. TCltNEK I'UKSCKS J'.ISIIOI'. J. II.Surratt,sworn : Meetim: Ilishop heroic the council con vencd, lie asked me il l was not u niomher of tliis d?d council, and wished to know if I was willing lor liim to have line rcttirneJ to him. Uishop was (Irinkins ile threatened in-1 in ease I wms not uiiiin:; for him to have his ?."? hack The council aHiiiiitd the decision ol tlio intendiint, and just alter the deeKion, pointing towards Mr. LYoshy, Jiishop asked, "Who is that d?d man over theiv''' and said. ' I ran do the work for hint rijiit here." After this I saw JUslioj) walk inu down street with a pistol in his hand and heard him exclaim, "Ain't i scared!'' On Turner approaching Mishopsaid to him, I don't intend to he arrested hy you," and pulle 1 his pistol from his pocket. As Turner apjiroaciicd lllshop, i said to Turner, "i M-.niifi iwit irn in Tin ii 'i' if I were in vonr pluuc, lor il'.you do lit- will kill .you.'' Tumor : replied that lie had orders to arrest Bishop, l As Turner came nearer to Bishop, Bishop h jSidd, "litre yon. conic with that pistol; don't I ! .i/ou come to me with thnt pinto!" and then lie I fired, l.ishop fired first. Turner had stopped 1 and was standing perfectly still when Bishop j s fired. j i The State rested. Testimony Wr tlie Dofoneo. , | "When Court reconvened after recess the de- j fence introduced Its testimony with J. L. s j Iluskcy, who testified : r I RISIIOP SAID "DO NOT FOLLOW HIE, I AM 00- '] INO OFF."?TURNER'S I'KEVIOUS Til HEAT | "TO KILL A 11?1) liASCAL. ' I heard Rishop sny to Turner, "Do not follow {< mc; I am going off from this place now." J i is- j I hop walked on to near the corner of the U' I M'livnnv fnllnuvifl flllil KOMIl t.hO HllOOt-! ^ i>)<r commenced. Turner fired first. I sawh Smith near them. Turner was nearer Bishop j s than Smith. Smith tired thrco lime*5. I sawj" Mr. Prewit. Ho was not far ffom (Mshop. lie 11 was nearer to Bishop than Turner. Prewit j I tired twice. I saw Turner on the Sunday be-j<' fore the shooting. He then ssiid to nie tliat lie | c had lend in his packet for some d?n rascal and j t was going to (/ice it to him when he came, but lie r mentioned 110 name. ' 1 Cross-examined: I wns friendly with Tur- <1 nor. I did not say in the presence of J. M. I Allison that I wasglad Turner was.killed. I Be-direct: I never had any fuss with Tur- t ner, and I know of ho reason why I should y be clad that he was kilied I aVn not related c j to Bishop and Jhave 110 business connection c j with him. a By the State: I don't know (hat my broth- a er-in-law, Blanton, had a dilliculty with Tur- ( ! *' i;: THE IXTENDANT OFFERS TO GIVE GAFFNEY ? A FA lit FIGHT. 1' 0 Francis GafFncy, sworn: I remember tlic e 'occurrence of Turner shooting at the mare I y svas riding. It was about the first of last An- v gust. I had a difficulty at Black's with a fel- o low, and Turner arrested nie. Kit Carpenten r then told me to get on my horse and ride off. c He said to the inlendant advised that I s should go, and that if I would ride away he v would make it all right. I soon after started, t and nfter starting J saw Turner coming after li me. My horse was loping. Turner firxl struck r the how with a stink and then fired his pMol at t it. Again he fired at my horse or me; the flash t of his pistol burned ray cars. As I road off" a i: crowd followed inc. The inlendant told me if I 11 would get of nig horse he iconUl give me a fair d fight, but I Jeff, and as I rode away from the v crowd some one he-hind me said, "Shoot tne c horse under him." I was riding Bishop's t horse. *' * \ Cross-examined: I went to Block's for v ... T ,>!,! f,, Clll'l'/lllllor 1 Wil i U.IH Ill/I' IMWiJWi'V/ v** .vu?w. . ?, (lie marshall while liny were shootingat me. t I tried to cut the intendant wlit-n he was en- e deavoring to take my horse from me. g TV UN Ell WILL PUT BISHOP "IX THE CALL A- V BOOSE DEAD Olt ALIVE." i James Gibson, sworn : On the Saturday bo- t' fore it. occurred, Turner came to my meat (j market in Hi tick's and asked if Hishop had ]! s;iid any tiling t<? me about tiiat money, and I i told hini that Kishop had snid to me that he ,] lost a $5 bill when lie paid his fine on Tliurs- v day. Turner then replied, "iiishop need not I., comc here cutting up; if lie d ies I will pul j I.A.w* 4.1,4*9 ///lA/irtPw tittful m- ! Martin II. Kitchens, sworn : I was iti town v late in the evening??ot tin re about the time ( tiie "own council adjourned from the rehearimr of Bishop's case. I saw Bishop c?mo !j down from t he council room. I heard him I 'v say that Black had a clod the rascal. About t] that time Turner approached, and liishop j asked him, "Why do you come here?" Tur- j, ner replied, "To arrest you." Bishop said, n "I'll bet you Si you don't; I am going to j leave." Bishop moved oll'and Turner follow-, iti nil or him. Bishop then asked, "Why do you come alter me?" I am not confident who tired the first shot. My (relief is that Turner lired first. IIo ivax muring toward Bishop liken ' man who inte nded to do It is work us soon us he 0 eou'd. TUKXEft SAID 1173 W'OVhTi SHOOT XSIS1I0I'. '1 i:i down ox til k stiikkt. ) t ti kvvorn : t heard Bishon sa.v I ?! 'Don'I. come any nearer, or I'll shoot you.*' " I" Henry Whisonan?, sworn: I wasta!Uin:r to I Turner, when ]>i?hop eame up and asicd 'i'tir- jc ner if he made the other hoys pay their lines -s at the same time he paid his. Turner referred him to Intendant 13laek. After this conversation Turner sm/i/ to me t/i'it he did not inter.'./ to try to (irrext Jiob JJi'x/vm) th((l day, but would shout him dutcu ok thv street. (1 (icorue Hlack.eolored. sworn; On the even- | injrofthe shooting I .?aw IJishop near Si- <] moiis' sinn*. lie was wanting down me ;l street. Turner approached Uishop. 1 heard |( Bi.-hop tell Turner lo uo away; thai h? would s not lie arrested. Turner tlien lelt, but alter- ji wards returned, when Bishop asked, "Why jj are you following ine wilh your pistol?" -j When I Iunu d to leave, Turner was still approaehin*; Bishop. Turner having his pistol in tj his hand. Turner was carrying a long pislol. v TfUXKK'S PISTOL. William lluddleslon, colored, sworn: I ii heard I'ishop say he would not ho anested. v that he had done nothing to be arrested for. 1 Turner h ft l?is:iop, but soon returned when a Bishop said to him not to come again. .As h Turner eanic near lo l'.ishop, Bishop said, ii "What is that you have behind yon ? It is a t pistol to shoot me with." I saw Turner cock ' his pistol before h* went up to iiisiiop the last. Ii time.a'id heard Turner say that he was aim- r 111u lOiHTI'Hl I.IS.lop 11 W1IU1/ 111; uaw ill ma pin tol would do it. I TriSNKH'S I'ISTOL V.'OlM) FIX BISHOP. v Wesley Littlejohn. colored, sworn : I live ! ' at liiitl'iMW City. (inc day Turner n*ked me if i' I !i:td ever beard l'.ishop ssvy anything about Hie trouble over his tine, and he remarked tiiat Hi.-lioj) hud better not come to black's and attempt to bulldoze tlie town, that this (shan't ii;/ iih' h is j.i.slol) would fix h i m. . JohnAnderson, colored, sworn : I heard some person say to Turner, "Why don't you arr?-.?t liini ?" Tinner then cocked hi/; piMol ai?.d said. "Hold on." I do not know who ask- , id Turner why lie didn't art est iiisnop. ? tl'iinmk si 11.J, j-oj.low.s ihsiioi*. s Jne IiOdcliarl, colorcd, sworn: 1 hoard I j: Turner say to Hi shop, "Isob, hush talking so < loud." Bishop saiil lie would and walked oil. Li lie went a short distance and Turner followed him with a vistul in. hit hand, when Bishop said, "What is "that you have got V The tiring then coin mi need. I*"our or live shots were < lired. : manor's ijukast wo;:ks. F.ilvrard ('? CJos-', sworn: I was at Black's on the <*r,iy Jhesliooting occurred. A.!iout tin o the altt i'iioon I w.is walking down III?; street a and saw two or three men coming from what u 1 was told was tins town council room. I there met Jim Whisonant, wlioin I knew,and c lie introdue'-d me to Bi>hop. We had a friend- i t. ly conversation. Bishop being told that 1 j Ii was Iroiii I nioii county, app-areu jjiau 10 o meet me on that aeeount, nnd we went into a liar and look a think. Alter coining out, while standing on t >ie side walk, a man rani np and spoke to lijshop, and said, "Don't make such a Ins*." I %'ts .surprised, as there ions nn ticea-xion /or such a request. Soon ufteT* I his, Bishop and myself started down the street, walking side l>y sulr, when an elderly | ' man canic up towards us. Bishop saiil I'' i "What ar?* you doing with that pistol?" ami P" j seizing me with both hands endeavored to I pull me aiMiind in front, as if to make breast- I (i j works of mr, and while Bishop was so en-j1 j a ]US!()i Wits iiri-ti m mill, um-wj i then illusiniUs the ]?o>iti<m ol the dillerent 11 j persons.) Alter the tinnjx, JMsliop." who ! seemed to have stumbled, yot up and sat!1 j down on a hox. The hall lired a Hishop ^ ' struek the ground in front of us. I knew A. i<}. Smith. He was on the riuht of Turner, j | lie soon lired after Turner fired. Cross-examined: Jliihop had hnhl of me with ! ' I both hands when the first shot was fired. j j Tl'liNKi: SIIOT KJSIIOl' HKCAl'SK UK (!OT j 'j DKl'NK, AM) SWOIM-: UK Woll.Il NOT UK AllKKSTK1)?IIK WAS INSTUl'CTKJ> TO AltKKST Oil KII.L ' lUSJIOl*. 1 *. Wiiliam II. White, sworn: I saw A. fJ. Smith, after this ditlieuliy, at, Jiiaek's. lie then told me that, he had shot ISishop. I allied him why lie shot IJishop, and lie said because Jlisliop cai?.e there ami (jut drank and swore he wo-'td not be arrest i'. He said tlial f j Turner lired once and lie lired twice, and d t \ ints t/trtr llircitlimi lO Xil'iiir in; m; | I j ii>I not kiil iiishop because In- had a Utile pis- I <, j tol, only two barrels of which would lire, and '? I the crowd would not stand up t-> him. lie t j sitiil liishop was a jiowrilu! i:iaii-|?irjrcr Shan I lie. This was after Iiishop was shot and be- 1 | Ion; l.e was anvsted. I suirjicstrd that. I I j llioimiil Iiishop h:> I been killed and tiicy | \ wcic concealing the Istet. 12c said no. Mil . I hat- he 1<M Turner to f/o h/icu>1 ami cither i;i'! { j ilis/,oji or orre.it him. i 1 said thai I turiird ; i and Iiishop liicd about th?*s:iim liniv; ij ftni/- i /limy Turner jim! first. ! I?? also ?a;d that if i lie had lrcl Turner's pistol, he would hav<* I ; killed iiishop. |> TDK I'ltlKOXEK's STATKMEXT. 'J i , T ... llohcrt c. itiminp, sworn: 1 went to III sick s 1 j (in ilie Lord of N?'Vt'uibur. A iVw days l?-fosv j tliat 1 ha.I a diillculty with a man naiiu-.i '< j (.1 uutLarpo a:iJ nuolhcr person. 1 appeareJ '' lpfore Intendnnt Black, who fined mc S">. Tie vould not hoar my witnesses, and instead of inking down my statements, as he was preending to do, I discovered he was only scrib>;ing on a card?not writing at all. I was not satisfied with his decision, but I paid the flue, md he then asked tne if I had a pistol. I 'aid yes, and laid it. on his desk and then iuniharpe drew a knife. Tie and the other < nan were fined only 82.50 each. In paying ny fine I losta five-dollar hill, and requested, f they found it , to return it to me. I was dissatisfied with the result, but did not care to encw the trouble. On the 23rd I went to slack's on other business, but meeting with rurner, I spoke to him about the fine, and he eferred mc to Intendnnt Black. A rehearng of the ease was granted. Surralt and IVhitrsidcfi favored refunding the fine but three >ppo?ed it, and when the decision was made, just said, "Well, that settles it." Going lown from the room I met Goss on the side vallc, and we went and took a drinlc. When re came out on the street again, some one poke to mo about the trial, unci I replied, D?n tlie trial; I oare nothing lor it." Turicr then came up and said I must he quiet, replied, certainly ; and remarked that if our onversation was disturbing the town we ould go to an open field in the edge of the f own, where I supposed we could talk as ) nuch as we pleased. So saying, I and Goss J noved away, when soon alter, I saw some f lie approaching us. lie had a pistol in his I land. I did not then know It was Turner. 11 J lad no idea that it was to arrest me. Seeing 1 lie pistol, I said, "What is that? What are c ou going todo with that pistol?" I (hen \ auiflit hold of Goss. The man kept coming j n and as he approached I spoke to him 1 fiain, when he tired at me. I struck my toe J gainst a ladder and fell. Jn the shooting six * ir seven shots struck me. I was shot in the 1 land, and a bail struck my side, and then I r lulled out my pistol and tired at the crowd 1 ne time. I was struck four times: on the 1 eft baud through'four fingers; on one finger J >f thefiijlit liand; 011 tneeimi; a nan enter- ' d my side under the right arm and is ilicre ? (,'t ; and a bull passed through my clothing 1 rithout touching my flesh. (Garments worn ' 11 that day shown the jury.) The shots were J eceived just before and as I fell, tiie bill is ? oming rapidly. After tlic shooting ceased I 'j at down on a box near bv, tind afterwards ' cent and?picked up my pistol. I then told s in'crowd that none of them must put their J lands on me, that I was going to the rcstau ant to see how much I was hurt. No one ' ried to arrest mc after the shooting. Froin f he lvsturant I walked to the railroad cross- 1 ii? and walked 011 the railroad track to ' ny home, a distance of a or 10 miles, I laid { [own and rested one time on the way. There 1 -ere four balls in my pistol after the firing ( T it t nnpuniic \vlir? ?{>w t hem. My piMol is 83-calibrc. I learned on j Vedncsday that Turner was dead. I first : lent to my brother-in-law's, and from there ' o my father in-law's in Union county. I left 1 here about the 20;h of January, and left bo- s au.se I wanted the excitement to a'.mte before 1 oing lo trial, and was advised by friends to j o off and stay untill fall at least.. I had no J utenlion of staying off a trial, but intended, ' f I eseapeel, to return for trial after the ex- J itement. cooled down. I was on friendly ' erms witli Turner, and on the day of the ^ irst hearing before Intondant IMack, be rriero- 1 v notiiierijme to appear before the intendant. ? 1c had no trouble arresting me, and on the lay of the diflicnlty, had he notilied me, I ! I'ould have went before the council without ! ny trouble. J had rrcrivcd intimation from ' it inc.? Gibson that Turner had threatened to shoot /' . I did not have the reported conversation rith H. L. Spcers- My mure was shot about ho first of Au rust." The mare was not hurt, nd thought a-? hard of Ciaflney as Turner liout Jt. I considered my lite in danger rhen I saw Turner coming up and when he red on me. I never threatened to kill l.laek, hough I did not like him. I had no feeling oward him to induce me to wish to take his ife. On the. (tay lil'tcf: imposed the fine on arc thought he tons drinking. tuiixrci: shot fikst. D. B. (Tish, sworn: I think Turner shot irst. I can't I el I wiio fired next. 1 think! iyht. shots were fired. I'.ishop shot once, ij aw Turner cock his pistol before approach-1 ng 1 Sis hop. I saw (Jos1* between l'ishop and 'urner, in front of of l:ishop. 1 saw Turner re, and saw ISi-hop tire. I was standing on a latiorm In front of the shooting, twenty or liitty feet, distant. Go-s was hold by Bishop ii Rish"p's front. I have no friendly relations with Rishop. I i ould plainly see the shooting from where I j lo.nl. . The defence closed. J In ! A. O. Smilh, recalled: I hoard the testimo- : y of WiMiswn II. While. In tlio coil versn- J ion he spoke of J told him thai, llislmn shot 1 irst. I said thai Bishop shot and thenTurner' nd I shot, and I was trying to shoot Uishop j r?stop him. I had hold ol' Uishop wlicn lie'1 hot Turner. I did not. see iihhop pull (joss ' it front ol' him, mix! I was near enoiijih losoe ! I. if he hiitl dune so. I went to Uishop before 1 'urner did. Tiie State then introduced the ballasevi- 1 cncc. ' J. \V. Lilack, recalled: I did no! go down 1 iiii Ilu1 crowd to Uishop. At the first hear- 1 in: to which he refers, I did no! refuse to exmine witnesses. ihs'.sop declined to have is witnesses examined. The iroab'e we had iil? ll.iiV.i.ti' ni-iirii:ntu/1 in t\ ! i ??i i*ll 11.\' hi"*- M ween him and a tramp. Turner proposed to rresl (Jallney, but I thought it would be best i let liim go oil", and advised no one tonrrcst im. (iatritey rode around tiio corner and I 1 ried to seize iiis bridle rein, and when I ; i?ok hold of the bridle be struck at me with ' is knife. I followed bim two squares as he:' ode oil'. I sa'-v fio*s with Dishop that alter- 1 (ion, but but I cannot say to what extent ] r:i<s wis under the influeti'-e of lhiuor. 1 >r. T. I'>. \Vhite?i?!es, recalled: A. (r. Smith ' rasaroun l with llishop just before the shooing. lie \va< i'Ioso to Hisiiop fttul went un be- ] re Turner did. I know William 11. White. ' I is repntai ion for veracity is mighty bad; 1 ' ould not believe bim on bis oath. Cross-examined: I don't know whether I l J ,*nuni iH'iP've v. inn: or inn. in ;i iiium '"'i i'Iiirli ho was tiiiL interested; lie won't tell 1 lie I rut h. J .1. II. surra It, recalled: Smith was near !i- lii'p and had his hand on him when liishop 1 id the shooting. Uishop ii:<I not hold G'oss ii (ront of liini. ' Wllliitin I). <jlonn, sworn; I am a deputy ' licrid'. and by reason of my duties have Iho ' pporiunity of handling arms and am fatniltr with the calibre of clillercnt pisto's. I 1 annul testify as to the calibre of this ball, nit I think it is too heavy for 31'. the finding ok thk jury. T!ie jury found llishop "tSuilty of man- | laughter,* with recommendation to mercy of | he mercy ol Court," I The Sentence of <!ie C?art. J Si nienco: "The defendant, llobert I>. Ilishp, lieinit brought t<i the bar of the < 'otirt and < steed what l.e has tosa.v wli.v sentence should i ( >.-* !" ni'Mimiiiwi.il !irr:iinr.f. him. S:iVS liothlllif ! ave as lie lists liito said, whereupon it is I otisidcrcd and a' j idsrcd hy the Court thiit. i lie s:iiti Robert ('. i?i^lm>p be confined nt. hard uhor in l lu? Slate Penitentiary ior the period I f three years." : The Oo:<t of Wheal S'rodiicJion. tiriciitiftc American. The phenomenally low prices for wheat ( ihieh have prevailed during I lie past year ( lavo direeted at trntjun to thy details of tli" | <?t of producing that irrain, and in various Hates of the wheal section tlie statistical ex- ( erts are making calculations to settle tlie , [iiestion, whether, at the prevailing prices, [j Ul'VUiiiiiriii ? iiuiii l iiu iiu i'iwiil-ioij v*<<<n<<- i j ted. One of the must, interesting reports yet j, tublished on this point has been mane by the j tl irhigan Secretary ol State concerning tlie j osl ol producing and marketing the wheal, < mt?, and corn crops of 1SS3 in that St;ite. The average viclil per acre is given at 21.0S >ushels of wheal, lii.53 bushels of oats, and ( 0.S7 bushels ol ears ol corn. The yield thus ndicated applied to the cost, per acrc shows an i( iverage cost per bushel of cents for wheat,' !l cents for oats, and 21.1 cents for ear corn.; I'he average juice of wheal on January 1. for i lie Strt'i, is placed at about 71 cents, oats "Oj :ents, and corn 21 cents per bushel of ears. 1 u I i egard to wheat, the report observes that the j, net profit on Investment in the southern j ounties is "S per cent., and in the northern !. DimLies ner cent." mmMd Xcws About t5u? Narrow <Jn??OS. G recti viltc Xcics. R. M. Mitchell, of Augusta. Ua., who is tlioj! iitheraud mot Iter and president and was at ' ?jie time all Ihe brotheis aiul Iriemls ol' I lie' j \ugusta. Gibson ami Saundersville narrow! Cauge railroad, is in ilic city, lie is I ho prcsi-;, lent of the narrow gunge ioad projected hi vvoetr Auguslu and Newberry v. Iiirh is to i!i- , ei>eot (ho Atlani ie, Greenville anil Western jarrow gauge at Fruit Mill, Krigclichl county, dr. Miii-heli had an interview last eveninu , .villi Col. ! I. P. llainmett, the president of I ho \tliintic, Greenville and Yi'esiern. ami that net wi I naturally he accepted hy the puhiic;, is iiidutatiiig tho possibility of sonar arrangenent belwecn the two narrow aaug'?? for liieir nuInal advantage. Nothing definite eoiiiil be eatned last night, Mr. .M'trhell, who was ;t-( it liy ;l I'i-jivcmmiIsiIivr ol iJu* xcwx, lull llwrr* v.its uoUiin*; yet dcvcloj.eil that Id inScrust llu- |>ublk\ /lis. J'.tiix. il.-iimliivr of yot> i!or \V:hIc Hiimjtlou, ilk-ii i'l ColuniV'ia la t LLursilay. _ i C THE KM HOMESTEAD. ! DECISION OF THE SUPREME COURT. j KenernI CrodKorx Have no in the Proper*}' to which the Debtor i hail 110 I,o;;al Tillol nlll nil tnot'ur- j chase JFonoj' is Paid?When that! is Itonc. the Homestead Vests, and there are 110 Creditors who may Take It?The Debt for the Purchase Should be First Paid Out of the Procppils of the Property Xot Assigned to the Widow?An Interesting; Question Settled. Opinion by Mclver, A. J. In December, 1ST I, one Jacob Ivnrz, under a :ontract to purchase from one .Tool S. Perrin, vent into possession of a lot of land con lain-! ng twenty acres more or less, known as West icici lor. me purcnase money hdl mmi^n )ecn paid the administrator of Perrin, who in 11 he meantime had died. 011 the 21)lh of July 1 87H, commenced an action against Kuiz to ] n force compliance with the terms of said 1 !ontract or for a sale of the premises, and on 1 he loth of September 1878 obtained judgment j 'or the amount due on the purchase money md that "the premises described in the 1 Complaint as hereinafter set forth, or so much < hereof as may be sufficient to raise the 1 imountreported to be due to the plaintiff for 1 principal, interestand cost to be sold with due ! 1 <egard to 1 lie interests of the parties con-1? rerned." No steps appear to have been t iken : ( .0 enforce this judgment, for the reason prob-11 ibly that payments were made from time to J j iinc thereon, leaving a balance due thereon 1 )f eight hundred dollars, on the 14th of March WZ, WIU.'Il lliussaiu Htinuj.-iiglitu 11/ I I A'in. II. Parker ana \V. C. MeUowan. On the i list of January lssij, Jacob Kurz died intes- | ate, leaving a widow, Hie appellant herein, md an infant sou living with her, in the 1 wellinc house on said lot of land. On the j !nd of March 1SS3, the widow filed her petiion before the Master praying that a lioineitead be assigned to her out of said lot, as i veil as the exemption provided by law out of i lie personal property of whieh intestate died losses.",ed. On the same day the Master pubislied the usual notice to creditors and others interested of this application for homeHead, and on the JSth of March 1SS5, W. II. | Parker and \\r. (,'. McGowan fiied with the Master a notice of the judgment which had jeen assigned to them as above stated, in vliicii they "insist tiiat homestead in the said real estate lie not set oil" to (J. E. Kurz, nhcnlnln'v lint CM hi Oft tn flip I ti/h ts. I ./'?Li LIVMV/i , U Jvwni .^ J vwir.iw '^jvvu w v. - - .n , inder (ho decree in the above slated cause. of ho undersigned creditors, in the event that , here be not suflieient proceeds from said property, outside of the homestead, to pay he balance of said decree and costs." On tlie Ith of April iss")f the Master granted an orier appointing appraisers to lay off the home itcad, subject to the rights of said Parker and MeOownn, in which amongst other things he ecites that no object ion to the same was tiled n his office, except the notice of Parker and VIcGowati above leferred to. On the 1th of \pril 18&j, t lie appraisers made their return, illoting to the petitioner, out of said WestIcld lot, as her noniestead, '"the dwelling louse in which she resides, and in which Ja:ob Kur/. resided at his death" together with lie land on which it stood, and adjoined, supposed to contain not exceeding one and oneinif acres, describing the same by metes and rounds, and al-o set otf to her personal prop;rty to the amount of live hundred dollars. )n the ieth of Aoril l.v.tv>, exceptions to the issignment of the homsiead proper were filed >y two judgment creditors of tlie intestate, Jacob ICurz, one of the judgments have been entered on the l5t.li of .September 1S7S, and the ithcron tfie Gth of June lS7f, substantially ,ipon the grounds: l>t That the petitioner .> IH ll. i;i)li I ICU iu in'iiu vn cvv4 til UN" |/(x Jnd That it' she is, the same is tb>t liable to lie judgment of 1'ariter ami Me<io\van, before any portion of the land outside of that issigned to her as homestead can be applied :o said judgment. on the 1-1*li of April 18>.>, the administrator of Jacob Kurz tiled a creditor>niil, t<? which the widow and her in-1 rant son, as weil as tiie judgment and other ] . roditors of Jacob Kurz are parti is, in which, i unongst other things, the administrator iskcd that all of the real estate of said Kurz sxeept that, assigned to Hie widow as home* dead be sold to pay debts in aid of the personlity, and an order of sale was granted as prayed for; and it is admitted that since the J j i-; ui urw- uavi-fuuiio uv *.??,> ....c.....v..?| if homestead, <U1 of the ren 1 estate, except i that portion assigned I<> tiie widow as her | liomestead, has beensoid by the Master, un-| lcrsuid onlcr, for amount more than sufti-j : it:nt to pay tiie balance dtie on the judgment lie:d by Parker and .McGo.van. The case whs heard by Judge Cothran, who I'ende'cd a doeree, holding that the general reditors had an equity to force the holders of die ju Igment for tlie unpaid purchase money lirst to exhaust the homestead before they eouId go upon the laud outside of it, and that the objection, urged by Use petitioner, Juil the creditors should have tiled their exceptions before the master to I lie issuing of order appointing appraisers, lo lay otf the i Homestead, and this not having been done! [.lie Circuit Court had no jiuisdietion except j 11 order a new appraisement, could not be i ;n-i:iineii. lie therefore rendered judgment .'oniinning the return of the appraisers so lari is the exemption of personal property was j . oneerncd, no objection having been made! hereto, hut set. aside so much as assigned the j liomcstead in the real estate, and dismissed ! Lho petition with costs. J-'rom this judgement the petitioner appealed upon the several grounds set out in I Jie "Citse,'' whieh however, need not i?c sell nit here, as they make substantially but. four jiiesti'Uis. 1st As to the jurisdiction of t!ie ireuit Court to determine tiie right lo honie<icad in the abscn<v of any exceplions before ihe Master within the period designated for [Hililica'.ioii of the notice of the application. :nd Whether the petitioner is emitted to lioinestead in tin.' premises in question as igaiust lhe general creditors. Whether i.he genera! creditors can compel tlie holders it the judgment for the unpaid purchase mniwv lirst to exhati-t tin- homestead. -Jth Whether there was error in dismissing 111?j I petition with co ts. As to tiie ilrst <|ties!ion raise3 hy the appeal; ivc agrre with tnf Circuit Judge. The Art, [ lie.ieral Statutes 2!KL', does not provide tor or I require the filing of any exceptions until al-j Ler the n iurn ol the appraisers appointed to j lay oil'the homestead, and the exceptions i having been tiled in due time utter srieh re-1 turn was made, we see no reason why the Cir- j L'litt Court could not proceed t.? adjudge the ijliestions raised by the exceptions. As to the second question; we til ink it is determined by 11 so recent decisions of this L'ouit, in thee;isc of Monroe vs. .Jeter, filed :;u v' ? ? !..?? K'w* H'liSU, luu?u?clll-wl ill 11 f'IKO > IH I'illUL'l I II Hill. V like this, cannot be claimed in land held under a con tract to purchase until the purchase | money has been hilly lvpaid, yet after it has i been paid, I here is no obstacle in the way of j such claim, even though tiie judgment debtor ] may not have acquired a formal legal titleAs to the third question, we cannot agree with the Circuit .Judge, in his application to I lids rase of the well settled principle that j where'"there are two creditors of a common | ih-hlor, out* of whom has access to only one, | the la:ter has an equity to require the former ; lirsl to exhaust the fund which is not common lo both of them." On the contrary we tio not think this was a case of two funds or sources of payment. Laying out of view the personal properly as to which there is no ijueslion in tins case, there was hut one fund t?r > oil roe of payment?the Wcsttield lot?to no p u t of whieii could liie general creditors resort fir payment of their claims, until al-i I,er iIn* purchase money \v;is fully paid, lney i had no lieu upon it, and could not subject it I to the payment of'their debts by any pro- I i*c-i ding, until lhe judgment for the purchase j money was fully .satisfied, for until then, it ! L-ould not. be known with any certainty whether the whole, or a part only, would be! necessary for that purpose. It was an undi-| vided lot. and by tlie very terms of the judg- { inent for the purchase money, only so much thereof was directed to be sold, "as may be J sullicieiit to raise tbe amount reported to be clue to the plaintill' fur principal, interest j ami costs * * * with due regard to the in-j forests ol the parties concerned." These latter words were doubt less inserted tor the ex press purpose in preserving mc ubvuius , house for tin- family of I lit* debtor. 'i In* general creditors having no lien upon this lot, mid no menus of subjecting it to the payment of their ?lol)t>, until jiiter the purchase money, was paid anil the judgment tor the purchase money, containing, in client a ilireetion Unit the portion of the lot outside of what, might be claimed us a homestead should be llrsi. sold, we tlo not see how it can be said Ilj;.t. I-:*. ivln.il> IIh>1i. H'l'IV two I'll II' IS or sources of payment, to liolh of which the purchase money ("'editors could rourt lor payment of their dehis, while t!?? aoiunal ; creditors conn! only resort to one. for even :is-1 sumim? f>?r itie sake < f argument, that there "'i:iv two fund-'. f !;? i'.c;u'r;i I oreiiitors, as we I in vc m'cii, <u!d iv'.hi tn neither it 111:1 tli" |>tlichase money credit">rs v\r-alistiiil, ;i!:ii were o'.il of the way, in which even! one i f I he cot id it ions of th" ruh' i n voki d hy I lie < i rcuil .Jud.'ic w< uM heab.Miit, and the rule could Hot In- hcd. This i-i.scdiilVrs inati-riiiMy fnim Mm esc of I'nnk vs. 11;irl?i 11, IS ( ' Kvp. 1 i->. relied on l?y til-, f'irctlil Jiidyc. Tiio d.'Litur had two sv.-pa-; rate and distinct pioccs of property?one callcd the Bolt tract, and the other called the Home tract?and were so treated by him in his dealings with his creditors. The senior mortgage covered both tracts, the next mortgage covered the Bolt tract only, then followed an intermediate judgment which, of course, was a general lieu on nil his real estate, liable to levy and sale, subject though to the liens of the antecedent mortgages, then there was a mortgage on both of said tracts, awl nnaiiy there was auoiner j unguium nuting a general lion on all the real estate, liable to levy and sale, subject of course to all antecedent liens. Ho that in that ease there were clearly two funds or sources of payment to which all of the creditors could, at the same time, resort for payment of their debts, except that the judgment creditors could not resort to so much of the Homestead, and the second mortgagee could only resort to the Bolt tract, alter exhausting a note held as collateral security. The legal title to all of the real estate was in the debtor, and it could therefore, be reached directly by Ids creditors. Ilere, however, there were not two funds or sources of payment, but only one?the Westfield lot?to which tlie debtor did not have Hie lejrai title, ana wnicn coum not, oe readied by Ills general creditors until the claim for Lhepurciia.se money was extinguished. The general creditors never did, or could have acsess to this property for payment of their Jebls until the purchase money is paid, and the moment that is done, there are, then, no longer two creditors one of whom lias access to t wo funds and the other to one of those funds only, and the rule relied upon cannot ipnly. We thirk, therefore, that there was error in liolding that the general creditors have an ?quity to force the purchase money creditors to resort first to the homestead for payment of the balance due on their judgment, but 011 the contrary are of opinion that such balance diould be paid out of the proceeds of the sale "if that portion of the lot outside of the portion assigned to the widow as her homestead, ind that the balance of such proceeds, if any, be applied in due course of administration. This view renders it unnecessary to consider the fourth question raised by the appeal as the judgment below will be reversed, except in so inr as u confirms uiu lumiu uo iu mo personal property. The judgment of this Court is that the.Judgment of the Circuit Court tic reversed, except in so far as it confirms tlie return of the Commissioners as to the personal property, and that tlie case be remanded to the Circuit 1,'ourt for the purpose of carrying out the views herein indicated. .Simpson, C. J. and McGowan, A, J? Concur. Filed March 25th, 188G. [seal.J a true copy. Attest: ALBERT M. BOOZER, Clerk of the Supreme Court. In this ense Messrs. Parker & McGowan were attorneys lor Mrs. lvurz and carrkd up the case ou appeal. fr>. C. Cason, Esq., represented creditors objecting to the homestead. Npi'ius Chickens Xotcs. Western Stock Journal. The lions must be well fed, and have good, warm, clean and well ventilated quarters during the cold weather. They will lay well during the entire winter, and as soou as it begins to warm up they will desire to set. The hens should be in a place where other hens cannot trouble them by laying in the same nests. The eggs should not be placed under her until she lias been tested two or three days to ascertain If she is in earnest and will stick. liens will hatch better if the nests are on the ground, and in the early spring aire must he had that they arein a warm place where tlie ln>.-,ts win not onui 111c eggs.' Care must be taken not to give the hen too many cgics; if so, all may be SDviled, while if she hart fewer all inisiht be halc-hed. Eleven Is enough for any ordinary-si zed hen to cover in the faring. If the nests are made in boxes and not in contract with the ground, an Inch or two of common earth placed under the straw will be beneficial in keeping the egges moist. Hut if the .iests are elevated so that no moisture can be gotton from the ground, the eggs should be sprinkled two or three times a week with warm (not hot) water. It. is well to sprinkle some sulphur in the nests and sometimes rub a little through the feathers, and especially under the wings of a setting hen, in order to keep her free from IL-e. She never will succeed well if she Is troubled with these pests. Hens In early sprinp often break some of their eg!i?; lhe*c should at once be removed, and the sound egns thoroughly washed in water wi k-warni, made into soap-sud-', wiped dry nixl replaced uiiuor me urn, aiier an uu; stiaw lias iieen removed that wus uflcoted by the broken eg^s. Tho time of placing the eggs under the noil should bo carefully holed, and 011 the twentyfirst d;iy they should be examined, for it often becomes neecs-ary that assistance should be given tiie young chicken by removing the shell, for at this season of the year the shells vary much in thickness, some being so thick and hard that thechielun can scarcely pierce them, while others are so thin that wnen once pieiced the weight of the lien crushes them down and kills the chickens. At this season of theyear, when young chickens are valuable, we always remove the shells as last as chickens come out. Ii frequently happens if they are left in the nesi that other eggs get into, and arc parily covered by the old shell which smothers and keeps the chicks from getting out. We always take the young <;hieks from the nest as fast as they come out, leaving the mother hen to bring out the balance. When . 'II are hatched we place her And lhe chickens in a suitable place where they feed on boiled ei:gs and crumbs of wheat bre id for a few days, when other food is substituted in part. In two weeks we feed mostly bread made from corn meal, shorts and bran, equal parts. l'"rcsh water and feed should be convenient, in order that she will not remain long from lie nest in search of food and drink, as eg^s at this season some become chilled. - ?i Sneel Potatoes. R ural llesscnf/cr. Kvery farmer should grow largely of this important crop lor home use. Nothing raised in this State yields a larger amount of such nutritious food as the sweet potato. The ground for the potato patch ought to be broken up now. Let it have the lirst dressing of barnyard or stable manure tirst, and then plough it and let lie lilt about time for putting out the >-ets. If you wish to make a big crop you must put. on the manure in a big way too. A hundred loads of manure to the acre is none too much to insure a good crop of sweet potatoes. Put on half of it before ploughing, and the remaining half soon after, spreading it over the suiiaco evenly, and let it lie. There is no better fertilizer for this crop than good stable manure, and liberal applications of this will insure a tine crop without anything rise. l$ut phosphate, drilled along the row after one lurrow lass been turned, and hnirifi' the ridire ba.s been completed, wiil as sist I ho plants very much in making growth and Ueveldpinu roots. Half a bag of phosphate, with one hundred loads of stable manure, ought to make a tine yield. A whole bag, with the same, will make an enormous crop. lint the stable inaniuv alone will produce finely. In the aosenee of phospliato, or enough of the stable manure, chip tiirt from a woodpile, inixid with ashes, makes an excellent substitute. A tew barrels of old a-his, mixed with fitly loads of chip dirt, or rich scrapings, ami j fifty loads of stable manure, will enrich an acre of ground lo yield from 2 HI to .'>!)<) bushels of good size potatoes, llog or crow-pen manure may be used in place of stable manure! with nearly o<;ual etfeet. In place ot ashes marl may be u-ed. In fact good mail is a No. 1 fertilizer for the sweet potato, and land that has been lineraily marled I will produce line potatoes with very small ap JJIICiUlOIIS (II (lllll'i HJillilll C>. ill.-., I Iivi i;imi v, economical to use marl lihomily, and *avc some of the stable manure for other crops. Do not forget, however, that the sweet potatoncvcr"goes back" on manure?you cannot give it toi> much easily?and if you want to make a big crop on a little laiul you must pile on the manure early, la to and Ions'. We have heard of a thousand bushels of potatoes having hi en grown on one acre. Hut the ground had been repeatedly manured uutii it was literally full of it. It. would have boon better to have put the manure ovot a larger surface, and enriched | more ground. The sweet potato crop is a great ! improver of the soil?when liberally manur-l ed?and every farmer ou?ht to grow it largely! for this purpose alone. It is excellent food for hogs and would pay to raise tor i lint also. The while yam. yellow hark, hayman and red yam are lit.- most pro!ilie,sorts. 'J'iie red, Spanish and ".-hoe sii ing' (in allusion to lite vine.s) are f.xcell'til for fating, but not so pro-j dndive as t lie otliets* Make your hot bed the j lirst week in April, and >ou ought to have drawer* t?? set by mid<ileo!' .May. The patch should bejel before K'tli of June. The corn planting si ason is at hand, and it wo*,iid bo well for oar tanners to remember t hat corn is one of 111' el teapest products they can grow, and oat ol the ib-arest when it is to hi: purchased li is a prime necessity on every tarm and makes ii:n;.t exc -Pent food for man atni l.ea>!. Is not this titti-? I'.very inteliigent man musl acknowledge the corn. I aster this year tails on a day on which no living person ever celebrated it, and on w hich few now livingwiil again oeiehralc it. 11 falls i n April'S), a l'aet that has not om urreil since 1731. mil wid U'jt a^aia before liul. How to nse Cultivators. On page 6i of the February Issue of the Cultivator, "Old Subscriber," of Dickson's X Roads, La., asks for information in regard to cotton cultivators. As you so kindly expressed a wish for some of your readers to answer, and having had some experience In running these plows. I thought a lew word* from me . / ' misht not be amiss. 'I'l"1 Hrat #Miltivurnr? 1 ti Jnfft tha South were considered by many In some re-. 'v spccts a failure; whether the limit was in the. ptow or ilie inexperience and want of appreciation of the people remains unsolved; but one thing is certain, and that is, the people have either learned to successfully run these ' machines or the manufacturers have made J great improvements in them within the past few years, for I think that a few of the culti- -5 vuinf? e\f tn.rinv nrp finite near nerfeciion. During the past four years *1 have been work lug those plows with great success: my -T d? land is black river bottom, low and level and free of stumps. The place is thickly set with Johnson grass, which is known to all to be a great pest and trouble in summer crops, es- -v; pecially cotlon, when planted in the drill, but, notwithstanding nil that, I have, witli >> each cultivator, cultivated from sixty to set* . onty acres of corn and cotton, goiug "rouud" every nine or ten days. Land plowed witli ' p one of these plows will produce more per acre by one-fourth than tnat cultivated in the "old" way. At the first plowing I put the turn shovels on the inside next to the row, throwing the dirt from the plants, the straight. ones being on the outside; and at thfc.secdnd;.' the straight plows were put next td the rovVs and the twisted ones oUtsidifi, throwing thd dirt back; I then put on the sweeps an* con*. < tinue with them on till the crop Is laid by. It. has been said that corn cannot be plowed with them after reaching the height of three or four feet, but to such I will say that I nev* er run any oilier piow in my crop uuer u uu? been plan ted, and frequently before it is laid 'M by, the corn is six or seven feet high. You would not break down as many stalks In & week ns a negro with a sweep would in one day. Any man with "common Intelligence"* can run one. The greatest trouble would be 'M in "setting" it, but after you once learn liow, you can set it ns quickly as any other plow. There Is one thing, however, that It may be well to observe: a negro can never set one, but can run it after some white man has set and regulated ft for him; the negro will not . encourage any labor-saving implements, and will do all he can at first to damage it; yet when he sees that a man is determined to have them, then he will try to learn some> tiling about them. It is a hard matter for a .-A. npgro to see more than one plow at a time.- ' i We cannot except any better. When a farmer wishes to "carry the whole ' I middle through at once" he will have to lay . ^12 off his rows lor three feet ten inches to four jja feet wide, as I have never seen a cultivator , ' 'r\ give satisfaction in rows much wider or nar* . -,S| rbwer. If "Old Subscriber" will buy him a . .- ,,^3 cultivator, of some make that has been I thoroughly tested, and take It him*elf, for v. i (he first week or so. and lcaru all about It be- ?. fore giving It Into the hands oI some one else > to manage, he will never regret the investmcnt. But long before he learns how to twist tho plows to get them in the proper position and tcachcs his horses to walk right(which In very important.) he will wish that he was gifted with the patience of Job, and that every cultivator was in Guinea, or some other i country. He should continue to run it ono week longer, and he will be surprised to find how simple and easy it 1? to regulate and run. I have run almost every kind of labor-sav- ^ ing machines that the Southern farmers may j have.need of? from Disc harrow toacordbiu* der?and have had Just the same experience I with every one, in learning how to run them. Most of men are too qulcic to give up anything and pronounce ila "botch;" this is a great mistake; we ought to gtve things that promise to lessen the amount of manual b> bor upon the farm, at least a fair and impartial trial before condemning them. Some few , object to these machines becanse they require -Ss too many horses or mules to draw them; that * ; } argument will not holdjtogether lor a second ^ when we compare the amount paid for ext ra j tabor in a single season to the actual cost 6t keeping such team. I would urge upon tbo / hm I Southern planters, and especially the yx>ung j farmers ol the South, the importance of using j more labor saving implements, thereby sub- ' < stituting animal tor manual labor. We could then raise out own bread and meat, horses > '<S! ancl mules, at but very little cost, and the millions ol'dollars that have been annually sent North and West for these supplies could be used in educating our children and beautifying our homes, Then what a refined and beautiful country our South?the fair "'Suuny South"?would be I?Southern Cultivator. Stock for a i'nm. ^Economical husbandry Indicates the policy of keeping morestock'on grain growing hum*, , or on farms where a mixed husbandry is fol- ' | lowed, than farmers generally keep. Stoeic I arc manufacturers of the crude products of I the farm, and manufacturing generally add* I to the value of the raw material, while the . ;iwastes and refuse of manufacturing are left 4 j on the farm as manure Instead of being curried oil'the farm. ' . I A certain number of horses are necessary to ! do the work of the farm, and If the horsescau j be employed in earning something In other . '{? ! ways than simply doing the work of the farm, j I he farmer can ali'ord to keep enough ty riusn ! through the work on some occasions and in! crease production by seasonable sowing, plan ting, cultivating or harvesting. A Judicious farmer, by keeping a span of mares, of j good breed, can arrange to have their services I in times of most urgent lubor and yet have I them bring a pair of colts every year. By foaling in the latter part oI autumn they i would be able to assist in plowing for spring ! grain, and also for autumn seeding, witnout suilcring any injury in consequence, If afari iner is able to sell u span of three or lour ye.ir I old colts, every year, six good prices, it adds I considerably to his income. A good dairy of well selected cows, of high grades, mny be made to add considerably to the income of the farm, in milk butter or cheese, whichever pays best in the locality. Hut don't, add the cafe of the dairy to tho. work of the already overburdened housewife. If there is no creamery or cheese-factory in the neighborhood, employ a skillful dairy- ' maid or dairy-man and make gilt-edged butter. There is none too much of that class of butter In market. Make every cow in flio v herd produce from 57o to <100 worth of butter a year. To do that they must be good butter cows and must be constantly supplied wJtlt the best kind of feed. Cold setting of nillfc will always insure best results. Have one head of high grade Merino sheep ' 1 - * ?.I?U I for every arauie acru 1.1 ,\om mim, tiucw mi-u ! a coar.se wool ram and have a good lot of fat ; lambs to sell In June, for four dollars apiece, : besides eight or nine pounds of good wool Iu I sell from every sheep. That will give you a j nice little income while waiting for your field crops to prow. I Keep a good number of the best breeds of ' swine; let them run in your orchard and pick i up the fallen fruit; give them a small clover 1 pasture, the skim-milk and butter-milk from ! your dairy, n patch of peas to precede corn i ripening in the tail, and mix a good propor| Hon of mill-feed with the corn you feed in fat| tening. You will get back more than half the ! cost of mill-feed in manure. ! "'A farm would not seem like home without a 1 liberal supply of eggs aud poultry, the best of the meat kind, to your taste, and the "Cottage rousing crow" of chanticleer always iviiKunris us hack, over the waste of years, to j life on the farm. JHit poultry wandering about at their own sweet will, tearing down grain in the field, stratching In piecesbundles of grain in the mow. fouling the hay, scattering their droppings In the horse mangers and upon the ImniesF, scratching up seeds in tho garden, picking the berries, currants and grapes, are not an agreeable or prolitabie kind of stock. No; poultry must be restricted in their movements, and when restricted must * be suitable led. For the production of eggs,the Leghorns, llamburghs. the non-sitters aro most desirable; but for hatchers, mothers, and the table, some of the larger breeds, like Plymouth Rocks, or crosses ?f the common fowl upon the Asiatic breeds, are preferable. For a general purpose fowl wo know of no breed superior to the Dorking.?American Rural Home. Stable Floor*. Professor I. P. Roberts has two strong objections to wood for stable floors. It is not durable, either rotting or wearing out in a short time, making it sometimes dangerous to the animals, and expensive to reuew; second, its capacity for absorbing stable liquids readers it oflcnsivo and unwholsome. Asa substitute he recommends cement. For ground floors begin below frost and lay a foundation with any large stones, ramming them down well. Level up by filling in snmllor ones till an elevation is reached'lor a gutter and I he platform the animals are to stand on. The small stones should he secured by a cement of one part Portland cement and nn*nt made of one part Portland cement and two parts sharp saml, and these same proportions should be observed In laying all tho , floor above the small stones. The only wood he wouid lolenite about the floor would bo enough to cover the platform on which th? stock must stand. He would have stock stand on wood rather than on cement, because it is more comfurtab'e. The plank w ouid be bold in p'a< e by nailing to joists luddi'dint cement. For an upper floor ho ^ u*cd with cn t iresa; is fact ion a course of cement i covered with another asphalt. With a free use of nbsorbants an upper floor so constructed prove tiural ic :inJ perfectly tight. To pre* * cut wool floor* from ratting he reeoin menus putting sin ii: inch or two of ealf 1 under tli-jin.?Co! o i Plant.