Edgefield advertiser. (Edgefield, S.C.) 1836-current, November 27, 1879, Image 2

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VOLUME XLIV. EDGEFIELD, S. C . "il'l,"..1'.",;'!,*,,.i,:i,Mi,'?,''?l NOVEMBER 27, 1879. NUMBER 51. ?n ? i ".,."?rtn or ?nnarin- ' Our company got its first hundred For the Advertiser. BUOOKS AGAINST BKOOKS. MKSSRS EDITORS,-The following extract from the decree of tire Su preme Court in this case is the entire d cree in regard to the subject mat ter of this communication :-" It ap pears by the report of the referee that Whitfield Brooks purchased ne groes at the sale of the estate of Mrs. Carroll, deceased, part ot which were originally purchased by J. B. L-i Borde. Mrs. Brooks paid for such purchases ouc of a legacy coming to hter from the estate of Mrs. Carroll. foe presumption is that, these ne- ? JlUeViuu?pnrtl?lied lorr^eTTp.?t C?' the estate of W. Brooks at his death, and therefore passed under the clause? of his Will. Tr.is, however, is not | important. It is not disputed that the debt was a legal demand against the estate of W. Brooks, and was paid by Mrs. Brooks out of her indi vidual estate. She is accordingly entitled to a credit theref-r. She i's not entitled to interest on such pav ment, as she had the use of the prop erty of the estate under tire life-ten ancy, which was subjected to the dis charge of such debt. The referee i clearly in error in holding those ne groes to be the property <>f Mrs. Brooks on the ground that they were not included in the inventory of the estate-. Tney must be assumed .to have formed part of the estate tha went under the residuary claude tu Mrs. Brooks as tenant for life. She was not bound to return an inventor)/ of 2-roperty held by her as life tenant., and not m the character of executrix If such an inventory wa? in fact made, it was unnecessary. The rights of the remainder men to demand an i ive dory depeuded on allegations of waste or the like. The inventory spoken of in Devlin vs Palteri-cn (McMullan's E. 459) is clearly a spe cial inventory distinct fr?m that re quired of an executor as to property of his estate held in that character. In Robertson vs Collier (1 Hill eh. 540) the inventory that may be re quired of a life-tenant of an est?t* masa is spoken of a edi.? for the protei ?kr?? mi . iiowiug */ns : First, "ii is not disputed that the debt was a legal demand against the estate of W. Brooks, and was paid bv Mrs. Brooks out of her individual estate; she is accordingly entitled to a credit therefor. Second. There is no evidence that Mrs. Brooks treated the slaves in question cs her individual property, or in any way denied the rights ol remaindermen in respect thereof. She is entitled to the credit claimed." Much argument is not necessary to refute these bold assertions. In my effort to show error io the decree in this matter I shall rely chiefly upor the evidence taken by the referees the reports of the referees, the ad missions of the executor of Co! Boooks aa set forth in bis various e> c ;ptions, and upon the decree of th Circuit Judge. It is also worthy < note that the executor did not, in b complaint, set up this claim as a 1 gal demand against the estate of h testator, but on the contrary assure the Court and the legatees, that tl life-estate survived the war and i consequences, free from debt or i cumbrance. I will trace this matt step by step, from the beginning. September 1875, testimony, in t matter was taken before Griffin, B eree, who filed his report in Octo of ,*bat yeal-, and in 1S75 he mad set JSf report, in neither of wh did he allow this claim as a legal mand against the estate of W. Broc To this report the executer ?rran as follows: ?' G. The Fwefcree errs in omit to credit the life-tenant with the j ment of the amount of the purcb of the negro shares (in the aggre sum of $L750,) by the testate the sale of the estate of Mary roll, deceased; thc amount of purchases having been paid as a against testator's estate by the tenant, hu executrix, after his di In December 1875 this cause aroued bet?rtew*4;idge Carp who referred 'back to the Befe many Faints in issue, and ami .them as follows : 4 That the Eeferee inquire and ^ort as to thc slaves mentioned in executor's sixth exception, whe eaid slaves were the property of Itfe-tenant or of the testator, er thev ?.re on the invento tJtat^s"estate made by the life ant in 1852, and whether they ' paid for by the life-tenant out o funds of testator's esUU. Ther in April 187G, filed his vepc Which we find the following: o ?? I find that the slaves^ toto the sixth exception of t] cation were not a part of the of Col. Whitfield Brooks, the executor excepts as follow . Jat That by the leith cl the testator's will, the interest of Af. P. Brooks (the life-tenant) given, to her for life by Mrs. Mary Carroll's Will, is given and bequeathed to her absolutely. That according to the testimony, the said negroes referred to in paragraph 2 of the report, were bought by test??-.or at the sale of Mrs. Carroll's e?tat?, and were paid for. after his death by the lift-tenant with a portion cf the very f hare coming j to her from that es!ute (Mrs. Car roll s) g;v^^fe?ier as aforesaid by che tenth? Kpf testator's will, and t/icrejBA Kg/" course regarded 'hem 6JMRHH|HHMF never returned 'hem o^H n^'al?t?jtes?x?eJ.' e ?feree, the De i-ndan^H Kain tiff all Con - r mg uM^B^on that ti.eye ne groes wei SB Hf property of Col. Brooks, th^Wf were not returned as a part?u his estateafter his death, .tndtha^they were Mrs. Brooka's own property. The Supreme Court, how ever, decrees that the presumption is that they formed part of the estate cf Col. Brooks, and that it must be assumed that they passed into the life estate. The Court deals largely in presumption, as&umptions and as sertions. This cause was argued elaborately before ex-Judge Townsend, who, how ever, went out of office soon after leaving the case undecided. Judge Shaw subsequently appointed him referee of all the issues. Townsend, Referee, filed his report 15th July 1S7S, and reports in regard to this matter: " I am of the opinion that these slaves, after being paid for, were nev intended by Mrs. Brooks to consti tute a part of ker life estate, but were considered her own property, and her executor should not have credit for the purchase money of them." This finding of the Referee goes certainly to the extent that if there tver was a legal demand again?t the estate of Col. Brooks in regard to these negroes, it has long since been removal Kv Mr? n 3, who reim . -. ft WA ***** - - ?? ,e )l is e is id be ts 11 ,er lu his Lei ber e a ich de >k? ting >ay ia>ej gate r at Car s\id . debt life i&ihJ; was amount of his purchases of negro slaves at the sale of the estate ai Mrs. Mary P. Carroll. Whitfield Brooks, by the-clause of his will, gives to Mrs. M. P. Brooks, his wife (and afterwards his widow and ex ecutrix) absolutely all of her interest in her mother's, the eaid Mrs. Car roll's, estate ; and if she, Mrs. Brooks, i$ to account for the amount paid by ber for Mr. Brooks's purchases at M.s. Carroll's sale, then she will clearly lose that amount, and as t< the slaves purchased not being in th inventory of Mr. Brooks's estate, a ?tated in the report, the evidence c J. P. Carroll 6hows that the*- wer paid tor after the said inv .tory W? made, by dedu " .^e amount < their nfrchase money from the shai of MtAi. P. Brooks in the sstate Mrs. Mary Carroll (her mothe which her husband Whitfield Brou gave her by his will. Tb^executor, in this exceptio disputes the reaeoning of the Refer but does not deny his conclus? Hence the execator, I submit, stat exac --here he did in his first > -ort of Griffin, F. ;s were individ i not t nor Ju this c ie clos Ulow iok3. 1 the ( cepi ere gare-: . : prope into tL Pr?sele and fi lee 1878. E claim as a following !. cniorlo 41 . ia; That. ' decided th j ~- the ex tor in tba l?t t ?ion to the re 01 C. P. Townsend, Referee. From the foregoing, I deduce following: 1. That Griffin Referee, Town* Referee, Judge Tresslej, the Di danta, and the Paintiff concurr? the opinion tbatis a natter of these slaves wen the individual j ) wuBjerty of Mrs. Mry P. Brooks, ?ent?rin?t she so regaled them, and ree ! *hc " never remaned them as a ong of testator's estatle." 2 That if TNERJ was at any , re- for any reason, &r egal demand af the the estate of Col Brooks on ac? ther of these negroes,' ,uat it was can ; the by Mrs. Brooks \ paying- the de and with the money | fol. Brooks ga\ ry of under the tenth i ?lause of his !-ten- and then taking j he negroes a were individual proper ;y. ,f the 3 That the defendants di eferee t^at the debt (so called) was e rt, in demand against; the estate ( Brooks, from th* beginning. Supreme Court hovever, in its \ and in its power, has decide? these negroes did ass into the of W. Brooks, andthat Mrs. B? ?tate is entitled 0 credit fi anse if ar?ouut of thc pnr?a8e money The Court in the decree says : " There ia no evidence that MrB. Brook? treated the staves in question ss her individual property." Let us Fee if* the Court ii correct. Read. ??en. R. G. M. Dunovant sworn, saysi as to slaves ment'oned in this section of the order, that he has examined both the sale bills of the estale of Mrs. M. P. Carroll and the inventory of 1852. That he knows the negro slaves referred to in this section of the urder as charged against Whit field BrookB on the sale bill of Mary P. Carroll. They are not on the in ventory of 1852, Ile Iruows it of hip QWn J?nfX?dtuL^>-Ti- . . .o inventory by the same name as some of these are not the ones charged to Whitfield Brooke at. the .-ale of Mis. M. P. Carroll, deceased. Said slaves were taken by the life tenant and wa? held by her as her own, and they were not the properly of the t state of Whit field Brooks." This evidei - Slivered in the presence of counsel; and nied or in an troverted. Ic point in issue, printed points Court. The at ? Court, upon wi that there i J no to the matter, ii going, to say th But there is otb point. J. II. I the estate of Co tifying as his ow on th? direct exa " Mrs. Mary P. Bi ily at the sale of . Brooks-Judy anc had two other n obtained from he. said negrcc3 were Brooks on the ola her for Hie." " Mrs. Brooks e buildings upon tb her carpenters." It is not ii ec essa cuss the full mean ^nd his e . e m ? j 8 3 if e ki rf re of 0 ks ?n, ee, in nis ex :ef le ual >a88 dge ase, e of thi3 The 3ze ?ave ecu port the lend, afen id in fact )rop and that part time, jainst ;ount celed mand re her will, s her spitted i legal >f W. The might, 1 that estate rooks's ar the whom ever comp of sale. I think my purpose, to two proposition* which the Snpn lied to support terly without foi sion I will say ti able thing in tl case, is that th ' tate of Col. AV. obtained a deere' tor's estate, to t over his own ev own exception. _.-. . COUNTY COMM 01-1 w ti i. tb TO COMPTROi. Lier Annual Report ol' the Cou missioners ol Edgefleld the Comptroller General Year 1878-0, Heglnniug 1 ber, 1878 and Eudlug 3<)t 18T9. To the Honorable JohnsoA C omplrolUr General of tte Stak South Carolina : The following is a statement of proceedings of the Board bf C ?ui Commissioners of Edgefield Cou in relation to the finances of E County for the fiscal year,1878-? 1. The total amount of. claims lowed aud approved by tfte Cou Commissioners of EdgefieU Coui for the fiscal year, 1878-0, as sh by the accomponyiug printed which was published in th> Edge Advertiser, is $10,714.00. ,jAdd I pensation to the County :' .'?amia ?re, ?puvzu. Add Jury and ness certificates reported by County Treasurer aa received by in payment of taxes during the 1878-9, $ 2,2< Total expenses of the years.1878-9, $13,7: The to'al am unt of the 3i tax levied for County purr oses f< year 1S7S-9, as shown by the . tor's books, is $12,569.02. There are Borne extra assess: and collections to be added t above, amount, not yet report tho County Commissioners. Add also for Licenses issued 1 Commissioners during the fisca 1878-9- p Add amount receied by the C Treasurer for fines reporte him, $ $13, Deduct Treasurers Conumssiom ?00 $1'2 Probablo deficiency for th i 1878 9 will be, $1,095,50. The County Treasurer has rt ? the following amount collec j him on the 3? mill tax for year upon to date, \o wit, $9 I Add Lifelines. ?j Add Finee. $9,613,20. Add Jury ticket?paid by Treasuer. 2,269,99 $11 883.19. 2. The County Commissioners by their last year's repoit showed the dtficienoency existing for the years, 1877-8, to he $3,048.02. Since that report, other ch?ms came in for that year and were passed, amounting to $1,655.75 Total def]'cv for .187.7=78-.$4,705.77 r&e Le^??Tature at its last session authorized the levy levy of one mill to pay this deficiency, said levy amounted to $3,591.15, If this is all collected and applied, there will remain a deficiency for the I years, 1877-8 of $1,112.62. 3. The Couuty Commissioners by their last year'd report showed a de deficiency existing for the years, 1876-7, of $525.12, and requested i that a tax be levied to pay it, but no tax was authorized and that deficien I cy remains still unpaid. The following deficiencies there fore remain to be provided for by future legislation, to wit: Duficioncy for 1876-7, $ 525.12 Deficiency for 1877-8 $1,112 i?i Deficiency for 1878-9, $|,09fj,60 Total deficiencies to be provided for, $3,788,24 4. The following are the estimates of the expenses of Edgefield County for the fiscal year commencing No-' vember 1, 1879. County Auditors Assessments, $ 400 00 Coanty Commissioners, 1000 00 Jury, Witnesses, Constables aod Clerk of Cou -1, 8,o00 Ot ?herilTg account, Court expen ' se* ?nd Jail feen, 2,500 00 Trial Justices "and Constable?, 1000 00 Coroner, 200 00 ??or bouse and Poor, 1000 00 fridges, fl.000 00 Repairs on "public buildings, 150 00 Post mortem examinations and Lunatics, 200 00 Contingent expanses, 300 00 Office Rent, 100 00 $16,350 00 We (he County Commissioners of Edgefield County do hereby certify thu? the foregoing is a true and cor $2,733.24. Respectfully submitted, W. L. STEVENS, W. N. MARTIN, , JOS. W.WYSE, County Commissioners. \V. F. ROATH, C. B. C. C. CALUMNIATION. And now comes the Orangebur Democrat and opposes the nomine don of old Mart Gary on high mor* grounds. Ordinary people will o no account house with a man of ce tain and inflexible character the they will with a lion. A lap dc who wags his tail and licks the hat and cringes to every nod is mm more acceptable to them. LaRoch foucauld says: "No man deserv to be praised for his goodness unl< he has strength of character to, wicked. Where there is no lik<j hood of an enemy's approach j garrison slumber on their post. Vp ever heard of Mart Gary doing et er a rash, a foolish, a cruel or ana generous thing? Has he any t that is not more than counterbja ced by more sterling virtues? 1 not sincere ? Do we not need h< just 6uch qualities to combat thje of the times that seeks for thitt follow fawning?-beaufort Gre TH fe ?AR Y BOOM. The Gary boom ?9 being tc de nursed by three or four tun newspapers. We have nothing rAj Gen. Gary specially-we hon . 1 for the part he took in^ the ntnc ble campaign of '76-but we lo say this because he had the lldr i/? differ with the policy poul?' known as the Hampton polly, because we do not think hj fa represents the political vteiof masses of the Democratic 4ter the State, and consequetly election would place our pehle false position before the cohtrj large. We could name a hflf-d or more men, any one of iiom would rather see Governor lian M. W. Gary. ?Orangeburg hmo 5" WILL BE CLOSE We are very sorry to ham the Columbia Theological Bern will close next May for waa of ? There is a monthly deficiejcy c tween $350 and $400, ajd: i something extraordinary hlppei institution will have to U p nently closed np. The Rev. PlUmer sent a communication Board last night statingithat count of advancing age, U cou undertake the arduous libera i nection with a tour tjiroug State soliciting aid for tie Ser from the various churchf. It known whether any othfr pers< be appointed to fulfill this imj mission. We trust tait son: will turn up to aid thisvener? stitution, and lift it oujof the of adversity in which if is now gling for existence.-Pulmclt man. The annual session of/South Oonfflrenc* will bo hold ju Charit tho 17th of December. C?IHILKOAD CONVICTS. ne Defence ofihe Greenwood and An gosta Railroad Direct? rs-How the Convicts Have" Been Cured For. Hie True IiiwardneHs ol the Peiiltcn Uarjr Investigation. STOCKADE NO. 5, ? GREENWOOD & AUGUSTA H. R, \ J|GEFIEIJ> Co., S. C , Oct., 22, 79 J lo thc. Pallie;-So many horrible gea of cruelty and brutality to la the convicts at work on the ?enwood and Augusta railroad, re lately been published in the news es, that the undersigned Board of i?7aj?-road jgeXJt due to to fliemselves te?TT'asr-fcfe^ Noy?es of the roid, to nuke TV fl^rng^iain statement of lads: I is sadly true that during the lif tie^ vcr.lwo years that thc convicts ha* been at work on our road, abut half of those we h id in charge ha?jfer?.?out it is also true, that abotnalf ox*heir deaths occurredtht riv next succeeding months of the prient year, dating from 20 April, 189, when we received cur last bash of con vieta from the Penitentiary an; we are sony to have to add that winow believe most of them died of, .scjrvy, although undoubtedly vc*y may'of the dead eon ids likewise h?i syphilis and other chronic QT &as. . ^ At each of the stockades establish edon our road every? reasonable el fos has been made by* the board to I {irised e for the comfort aud health of th- convicts consistent with their dab-keeping. Every stockade has had a pod spring or well of pure water. A large yard has been enclose for exeroise oltne nick.; commodious prison pena h/?re been erected, another s^.artate siucture for a hospital has been blilt, btill another cabin for corarnis airy stores put up, another house for aguard house, yet soother 'for the siper.ntendent, besides large t*nta for various uses. :rfj53puntiiul supply of bacon, corn ^??d, pea.? and such other vegtables a? could be bad in the neigh borhoodha-.ebeen the usual diet ot the well convicts, but they have als'* h .id potatoes, ouiona sagar, molasses, turnip*, collards, etc. by the barrel or wagon load, anti lemons by the box, while flour, rice chickens, milk and other deliaciei have been furnished thcfejr^m larg( quantities, both by the company ant ttie neighboring citizens. Many ant I njiany a box of tobacco has been eerv I : . sred io -hesid toi the sick at each stockade. Clear linces of person, quarters, night-tub etje., has been studiously observe? Ata abundance of medicine, ahoe clothing, blankets, etc. have bee kept on hand, except once or twi< in summer when we have been a li tie short of clothing and shoes, b during the present year each of oi convicts has had three suits of clothe The convicts may have been pre ec somewhat hard at times to fini particular jobs of work, but ordina: ly they have not been overwork acd have oftener worked less than t hours a day than they have worked t full ten hours. As a rule they ha never had less than an hour for di nar and rest in winter, and from t , to four hours in the summer accoi ing to the Iwngth of the day, or t heat of the weather. The super tendent, overseers and guards hi never abused the convicts habitua or even in particular instances to c Collective or individual knowled and some one or more of the din ors, who reside at short intervals a'.ong the line of the road have mist daily and frequently seve times a day, either visited the ste ade where the convicts were kept the time or the railroad where t were at work. No one but the 8 erinteudent or head overseer been permitted to inflict punishn and they only with a strap, at aoard are to be found un the head! persons of any of the convicts have had in charge (as is al leget aotne of the Dews papers,) we unqi fiedly deny they have been inlli by our employees, except, pert ia one or two instances for an tempt to revolt or escape. Yd though euch has been our ger treatmeut, the sickness and moi ty as before stated, has been great, especially during lust aun and spring. That scurvy was most latal disease hardly admi doubt and although wo had the i medical attention in the neigl I hood of each stockade and al th numerous country physicians vi each of the srockades No. 3, 4 a where nearly all the deaths h&\ curred, yet we were not in lorin the presence ofthe scurvy unti 18th August last, when it was di ered in most of the convicts medical committee consisting ol J. C. Maxwell, C. M. Burk! and S. G. Merri wether. That : scurvy which produced most mortality is proven by the fad as soon as the prisoners were ti anddietedforscurvy there was ? aa instantaneous change for the and only oue death has occurre; the disease at thia stockade dun last month and only two other as we are informed have ha] among the twenty-five con vi. turned by us to the penitent.! the 20th September, nearly all twenty-five were rapidly couva at the time of their departure ! umbia. The scurvy of course was aggravated during the past i by almost universal ami ?rn drought in this part o the?tj venting us from supplying I Ivicts with fresh vegetables the have otherwise received. On day of April last our comp ecived seventy-five convicts ?enitetiliary wUltout any mc \ ari?mi oabymirswrgc,m and ?y of those convicts aswe are inform }' were afflicted with nypLi ia, drop ?y generally debility orother constitu tional disease, which rendered them unfit for grading a rail-oad and made them easy victims fer the ravages of disease. Although ocr written con t;act called tor seventy-five " ubi'rhod ted" convi-.-ts, jet we receive I seven under, fifteen yevs of nge au 1 others having py?>liilis, epile sy, etc. We do not cWg- that those convicts were the picked invalids of the peni tentiary, out it is r.ot reasonftbl* th*: the most able-bodied or healthy were seleeted by-'theovcr .t i?. tuc peni tentiary, TO he x-nt u?, particularly when we wt-ro r-o glad t .* ;*t any, thit " ? o jil* ali vho wei , .1 & ? -\njjr : eral who bad rag Pen;..outi?'.ry ? lessees. If we been gni?y -. - | trust w ; h i\ ?? ,.?..: exhib;Li:iv ii. wnic'h ];.>..: ' sei,!? auth?iiti<?? ?ui< tality aiao'jg ui-V.- \ " was ?et on toa! by .. P. H Bradh pense. This Penit-;" uar .. ad m i . : . i by. .o."i -i .*. W:?}??fts !. /c o: cur : v.-1 y i,-;' :'".JiV.-: ; i ion wp?niitQiiary ~ 7tyce mor jur road S ..'ja*',-Gen. . wu ex it of tba pscomb, board of admi s ;- his . $i , "' ' Directors o? th an ace;un I c . * " -j r taft."* '?fl G -ir/ ' ? \r-, giving to 0*r ust .last. stocka-!-, on tr ?>'?Ute 2nd In th*i ,epor *tv": Ue Cam' ,* . . ;n come . : . n\ a Utter .. President Lg j .at a gr ?at -, . I >..> :<'S? exiated ?>? i lo the com. deal '.. morl amor - thf ,. . .. . panj - nltent of Sep to ins quen-:. trom . of G. i Jr''"' ' Dr'L, victs uh! wh?i li Sup*. J thea.; o.-c for rm; order M PenUjenjj of Aug*1 camp io perm iva Pe-iitent thia '< nary, 1 our con ;, ... . August"," . r< I do so by ? fy. ? yet both ot . ara { erectly in command?d by au Directora of the b k 0 the 22nd vifit ewery convict '?'/hy did t.he Su ourge?n of thc : over diachargocc 1 T.L: y could no ' feariVd mortality road, J Gen. i mscl cotm> tzm.-lr ?? . - 1-a as'well as < ii uiiu oeeu ID?pressed upon us as has been stu . 1 all the prison loni? " -isposed to sci .-. : 3uperintenJ( i Treze-ftint c .meutofconv . ' 1 such char? ... ? amm^nedtoi Directors of I : these char? i September i ent ami Sup ' cfore !be?o; wing in writ DUS certifie;! near the ato road that ^s without fi substance published .. .pectfully s t fair to p charges s all the ;. . he world fetr being mal guil1 treatmec li -, J ia a j* t o be de . ligation te Penitet t was ag Peniteul . thioug ay, thu the pen . ie. who of rai nake a :he cor u d well to Colt ., becai Me roa ?.he p ..in our . ? affc . twent . i, anc .t th ongh aker bout CS <> 1. ;.' 1 r b. . ? bi F ti b. St ot; .' or or as bei for nen por?: . Tba conv. were pense al abl-' work plainii al othfc sick lis and wi 1 ".i i roi? o'heiygsWS .ng i for i ?..j j doon have been for labor on tho road in the opin number of phjsicians includii of the undersigned, who saw the day before they started f? lumbia, were also included twenty-five before mentioned, four or five obviously feeble or left on our hands. One of twenty five convicts died on tl and another oneshortly after ? in Columbia, but if they were ble to be removed thither, it fault of our company, as D: who represented the penit when remonstrated with, sail them, no matter if they shouh the road, he would take the r j b'.lity. After carrying out the v j fie Board ot Directors of th [tentiary we hoped our troub . o/er and that we should be t;d to proceed with our road j ously, especially as ap treatment for scurvy had improved the heall h and st the remaining convicts but t its also. Judge then of out when on the Gth day of Oct erintendent Lipscomb and Taylor, of Columbia, tun the stockade, inspected the the convicto without.giving ; to our rresiueut, ouiRwU ..._ tendent, or ?aying a vrord as to their object. We never knew their purpose mu\\ General Btalley received on the 5 h ?lay of October last a copy ol* a re oliuion of the penitentiary board j>*s?-e 1 at, a special meeting of the . board when only-members were '. present, ordering us immediately re- ' turn all of the remaining convicts; at work for us except eight in con- j for mi ty wish the recommendation of j Dr. Taylor, dnt?d 9th instant. From ali thia it would seem that there was ? desire to break up our railroad iire'y a'id have all the convicts t turned to the Penitential j be supported in idleness *m$9 oj a>:p.iyer- 'v" t 'is true rac Gr-eawc /JflU lUi'rT.:.:' is Of ^tSuOrn Voiv.: di ih-i :;: ii?porl^' . link ia > ..ioi of toe oCitu 03 it ,'c .1 extension of the road especially whe Spartantuirg and also it will be in time t greatest scapo.Port g?p.t Northwest. Therefore \\?.'tb*' ocorde irj western Carolina are der" ly concerned in its early complet* ^ particularly the counties of Beau for-.-, , Colleton, Hampton, Barnwell, Aiken, j' Edgefield, &c. Now that we have no serious sickness among oar cou victs and that they are all working^ splendidly except four or rive ; ble ones unaccountably left us, seems hard that we should quit work at this junet grading is nearly . c wheo our"railroad tax gun to be collected i ship along the line f ^?U??e^?Mrto^be su"3J will be thc case temporarily if ali the onvicts are to away except; eight, for it it to offer to leave us only ei? which to work, then our 't>?W will also become demoralized^ probability and thereby great! barrass us, bu*-, doubtless the tar city medica! experts from the capi tal and theJfalHes inteuded our wort should be suspended and our rail road taxes, too, if j os ible. Yet con victs or no convicts our road shal not prove a failure and, our 'stock holders and friends may rest assure of this.. If we or our agents have Louse : ii ?rs ir ml lid ict jes ip the ;ea. sur *r ard ten .tey ck the JUD of I in tub iub ilso. an . to ; ac t or it of ?wel ard. by ilia reed liary h its perno tuc act, granting QS the faber, until the courts shall order us to st render the convicts. . We are the more resolved on tl course, because a medical committ consisting of three well-known a skillful physicians of Edgefield, wit: Hon. fl. A. Shaw, now a me ber of the legislature, E. M. Bu halter and G. S. Meriwether, hi ibis day reported after careful inv tigation, that the health of all i convicts has much improved of lt and that the whole of tin m are pable of performing the ordinary bor required of the ordinary iabo: -except six who are resting in yard-not one in the hospital ! only one death during the last moi from heart disease, of a convict merty injured on the Edgefield Trenton railroad, whence he was turned to the Penitentiary as wo less, but was deemad good enj be sent to our road. We dent that the harrowing we have acquired will f revet haviug ?ny more scurvy amor convicta. In reference to the grave cha which have been preferred agt either us or our agents in the pi priuts, we say boldly onceandfoi that we invite impartial inves tion, by the courts or by a comm t Dr.. of the legislature. Our self-ref 1 as men, to say nothing of our j of cbaract-.ras citiz-n-i, would prevented us from nnentioi wronging or permitting the con to be wronged. Mo:???gr, we had and still have a j5e\f& d personal and pecuniar^/ihterei treating the convicts get our road comply, reasons a just^p^rfev; think the teiri^- . C tality among tjj?,>&'. distressed our;' mased our. cr tntkiug us the K and undeserved aesS^^ More convicts died ?p|gSB'e tiary last year thandie^?? the( wood aud Augusta railroad, and as many died in the Penitentiar year ai have died on our road have also been reliably informe the general symptoms of the < which has proven so fatal to tl victs on both the railroad c:id Penitentiary during the U years have been identically tb -general debility, eruptior dropsies of the lower extremi teruating with chronic di: which are attendant sympl scurvy, according to all the : books, Now, as the health of the t in the penitentiary this yi been exceptionally good and health of our convicts h; wretched, especially that of lot of seventy-five we receiv< out medic?il examination i: last, the public can draw its ference as to how the mortal ed so suddenly in the Pen and why it broke out so ah on our road immediately .,f' When so many convicts di Penitentiary last year, no cit raised in any quarter cona but when only about the ta ber have died this year on and died too of diseases o Dr. B. M. [ in all probability to a largo ie-' up ;it tho Penitentiary, or in the same ?un? lore sent to us, a great lui' atty notice is heard ali over thc land. iten i ha<: Iroad thor ivictt , and imbi use ol ,d, or erma ' ten >rd*d y-five I they e ex sever i from com Sever 311 the scurvy ready ion of a rig two r them >r Co in the whiid lesv/ere those he road irriving too fee was no -, Pope, en tiary, I carry 1 die on esponsi- j dishes of : e Peni i!o8 were j permit prosper propriate j not only i rengih of heir spir-: . surprise ; oh >r Sup convicto from th ^Penitentiary on t.h 24t'a of September, 1877, and as our ova surgeons examined each one be fore receiving him, chev were for the most p.trt a very healthy lot of la borers, HU? newborn only six ?eafcbs ?octfr'red, ov?? when counting scv?r-' /il who were jfilled for trying to e* ^during the firac .eight months we had them, say up to May, Eut after we obtained a second lot of- fifty conncts on the 2id of M*y, 1373, tne-^ickness and .mortality a-no:;g tbtfej ' sosa developed ai ', fr-jr?i:' ?v..l vi?a:. we jro? still a / .. v' ? - o- ?' "; -H. lae then ????er-. , "rea. indye.^i^^ ?cd his couussl in our eagerness 9t labor , of .any-soil. They haye ied^'ne^predicted they woaFd,t in rreat Va^befs/ but.thejlatit lot of sev ?ty?W received from Superinten dent ^pscpmb.on the 7th. of April, 1870, Jave-.Aed ac a far more appall ing;, ifa> considering the time we ?&7e .-nd them, than any of the'other ime j?ci rth I August, 1878, Superintendent le visited our Stockade No. 3 -when' there was nearly as ikness and as many deaths . eT?onvicts as there were at No. 5 in : August, 1S79, SupV rvnteudent'Lipscomb visit ?t our request. Superinteu 'armele highly praised the genj__ ,ila^_??.nrtr 8**>ckttdc dxy-^rcHTAH vc management of^the prisoners, ! gif^JiijJ w cirf^Bayihg wc- were etter part by the convicts in : temporary country quarters than could do for them in the penna nt ^quarters of the Penitentiary, ith?ngh onr Stockade. No.- 5 in its ^ointments, and discipline is al most a.duplicate of Stockade Np. 3 whbh elicited the warm* enconiums of Superintendent Parmele in 1878, vet Superintendent Lipscomb ?as "no? satisfied with anything he saw at Stdckdade No. 5 in 1879. In submitting this, statement of facts to the public, we claim th it if mistakes have been made, they were ud\atentional. .convicts have always been .: md generally well clothed, the secretary's* minces .. . :?be- dir?;.tors hive issued ..-/?SBiwi Rifled all' duo vL'i .'' '-. ~.rue!ty, hardship or a*^^pS?| jg* ?revicirTcondition -rf con- " To disease beyond the jwi?e .. .. '.. ie. ". J - 5. That the convict? have h?en afc tejided by physicians who are the peers of any in the State. 6. That the hospital treatment was as good as could be given to manacled prisoners, and eqiul to that received by the ordinary laborer' of the country. As a large number of newspapers.. found space to publish- severe attacks on our management of convicts, we hope their sense of justice will in duce them to publish this response. P. H. BRADLEY, President, G. D. TILLMAN, Vice-Prend'/, A. M. AIKEN, Secretan/, R. W. LITES, W. K. BRADLEY, A. B. KENNEDY, R. H. MIDDLETON, JESSE STONE, VV. L. PARKS, Jcs. MERIWETHER, E. M. BURKHALTER, G. W. NIXON. J. D. NEEL, J. C. MAXWELL, B. REYNOLDS, JR., J. N. DESDY, B. HODGES, T. PARKS, L. PRESSLEY, F. RILEY. AGE OF ANIMALS.-The average a?e of cats is fifteen years; of squirrels and hares, seven or eight years; rab bits, seven ; a bear rar^y exceeds twenty years; a doives twenty yea-p; a wolf, twe?*y ; a fox, fourteen to sixteen; lions are long-lived-the one known as Pompey living to the age of seventy. Elephants have been known to live to the age of 400 years. When Alexander the Great ha4 con quered Purus, King of India, he took a great elephant which had fought valiantly for the King, and named ^dedicated him to the sun, is in8c'rip^HtoL,i_^> ted Ajax to the sun. The elephant^ was found with this inscription S??r*" years after. Pigs have been known N to live to the age of twenty," and the nN rhinoceros to twenty-nine; a horse has been known to live to the age of sixty-two, but average twenty-five or thirty; camels sometimes live to the age of iOO ; s'ags are very long liv ed ; sheep seldom exceed the age of ten; cows live about fifteen years. Cuvier considers it probable that whales sometimes live 1,000 years. The dolphin and porpoise attain the age of thirty ; an eagle died at Vienna at the age of 104; ravens 4*yatjjre^ quently roached the age bf 100 ; " swans have been known to live to the ageof300. Malerton has the skeleton of a s wan that attained the age of 200 years. Pelicans are bng-lived. A tortoise has been known .to live to the age of 107 years. A correspondent of the Beaufort Crescent, writing from Newberry, iteitiaty j suggests Senator Lipscomb for Gov ernor, Hon. George Johnstone for Attorney-General, and Mr. J. S. Hair for State Senator. A young Caurch Fair mau at the Methodist .vas walking around the hall with the motto, " God bless Our Home," pinned on his coat. Yet, like the nun who wrote "Home, Sweet Homo," he didn't have any.