The Newberry herald. (Newberry, S.C.) 1865-1884, October 28, 1868, Image 1
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Y F x]F R T E D S E I A I NOwS F L I T L IEWDE DY MR I G C O 3
em wuwrmsgr MeNING,
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eses C.3.
amas -asGa Vaessc
Isvaations, obit
embwrvims privne
'se as advetiseents.
eGasts the Man
byahe to vente and
of the tate
noW iet and sit
and by
_ e-se All per
4.d toivote' ince
e ep sentatires in
Asmbly shall be
ffd wd.: asere as
%oig .persos sha
A*iMng as jroers,
"Oniot, noreutet ant
r"=*-r t8fe -'e rAl,
#'j u& ecn retary-of
-~ e thef the
4 isipn o'ftl aGen
-se, ;ordwad Justoes
~Ia#4WV5ieY f mi'stcts ofh
i[ltors an4 Treas
W. : o ris, Registers
" ~ Cooners, Con
xstshabs of the UUi
. uyrl liehd
~~~qsja thir~ depuies, oad
- sir dep edutrs- of the U nited
ia.alors and attor eys
ES*rand !milist4*;er of the
t,Ygel t : Precep
sees ue tese (4e1e iucUrpourated
roleng physiin
?as-egrly licensed,
Se ers of incirpora
Sdrs of sday n ews
tsi t ferrtymen, suc1
-and empl6yee of rail
' terenscupt by law,
are more than
22! old.'
to ~ ~~ erson salb ibct
~psdfsey aseavjuro ia
-oteher otn one-m
96-hall norte b3fo
b1te -eactulyated
"d Ia jer yea preuare
tw.~ioiided, No.mt aes
~Jhi~Wplftn edvn ton ev
- te Couind conse
li aist serlveldefr
~~EI4tee n d each town
e laevery er prere,
emsA~ pag of hi At1 ofth
4spa~absib ely sese mpt, asg
? .IItwe salae o ere
t~f~atA$y ~ an ~j late
whied st all nbelud
*Mneii forley twny
the town dentming
~s i everyg te mes
~ia~ y thees teregifrton
2~L Of th lif aotedib Athen
*, ~ p y the Seletmnsalae
$ tm thobitte p ac n ah
pae rlo,and shall e eli
iroDuorgolard t allted a to
~s.bl eah the s.tw muching
agoiso ata the names
sassthere fr8181 o. s
f ~thelOtis ape by thebo
tae the SeTmn sale o cas
YI fany pso tha the name
iuplace4bloin a urboX, t b
is guilty of any gross immorality,
his name shall be withdrawn there
from by the Selectmen, and he
shall not be returned as a juror.
VIII. The County Clerks in
eaih county, at least fifteen days
before the commencement of any
regular term of the Court of Gen
eral -Sessions; fQr the county, and
ten days before any special session
requiring a jury, and in the Coun
ty of Charleston like periods be
!re- the first of each alternate
w ok -of her Court of Common
Pleas, and at such other time as
the respeetxe Courts may order,
shall issue writs of venirefacias for
jmors, and shall therein require
the attendance of jurors on the
irst day of the term, and for the
Court qL Qiapmon Teas for the
County ofChbarWetonb the first
od. eae. alternate week thereaf.
ter, and such other days as the
Ooartsmay order. The petit ju
rors returned foithe Court of Gen
eral Sessions for Charleston County
ehaa serve for the term, and the
jurors returned for the Court of
Common Pleas 'for two weeks.
IX. The Clerks, in issuing . the
vinires ehnfl require from' each
town. and city.a numberof jurors
as nearly as may'be in -proportion
to their respeetive number of in
babitants, so as to equalize, as far
as possible, the duty of serving as
jurors.i
.:X. The venires shall be deliv
red to the Sheriff of th. country,
md by him ti ansmitted to a Con
;tablo in each of the towns and
:ities to which they are respec
tively issued, and they shall be
;erved by the Constable without
elay on the Selectmen and Town
Lierk.
X1. Nothing contained in the
preceding Sections shall prcvent
any Court from issuing venires for
additional jurors in term time,
whenever it is necessary for the
;ouvenient dispatch of their busi
:ess ; in which ease the venires
;hall be served and returned, and
he jurors required to attond on
weh days as the Court shall direct.
XII. When a suit is pending in
:he Circuit Court wherein the in
Labitnts of any town in the coun
1y are interested, the Judge of
the Court, in tcrm time or in va
ation, may order the Clerk of the
Dourt to issue writs of venire facias
for a suffiient number of jurors to
try such cause, from any town
whose inhabitants are not so in
terested, and the Clerk shall issue
venire facias accordingly.
IIII. All jurors, whether re
uired to servo on grand or petit
jury, shall be selected by drawing
ballots from the jury box, and the
persons whose namaes at e borne
n the ballots so drawn shall be
returned to serve as jurors.
XIV. When jurors are to be so
drawn the Town Clerk and Seleet
men shall attend at the Clerk's
effee, or some- other public place
appointed for the purpose, and 'if
the clerk is absent the selectmen
may proceed without him. The
balance in the jury box shall be
shaicn and mixed together, and
one of the Seleetmen, without
seeing the names written thereon,
shall openly draw therefrom a
nuber of ballots equal to the
number of jurors required. If a
person so drawn is exempt by law,
or is unable by -reason of sickness
or absence from home to attend as
a juror or if he has served as a
juror in any Court within the
year then next preceding, his
name shall be returned into the
box, and another drawn in his
stead.
XV. When a person is drawn
and returned to servo as a juror
in any Court, the Selectmen shall
endorse on the ballot the date o1
the draft, and return it into the
box; and whenever there is a re
vision and renewal of the ballots
in the box, ?he Selectmen shall
transfer to -the new b'allots the
date of'all the drafts made within~
the year thea next. prededing.
TVI. A ny tcen may, at a legal
meeting, order that all drafts for
jurors therein shall be made in
open town meeting; in which case
the drafts shall be made by the
Selectmen in the manner pre
scribed in the two preceding See
tions, except that it shall be done
in town m&ting. In such town
when a venire is served upon the
Selectmen, they shall cause a town
meeting to be notified and warned
for that purpose, in the manner
ordered by the town, or other
wise prescribed by law.
XVII. The meeting for drawing
1jurors, whether the draft is made
in town meeting or before the
Selectmen and Town Clerk only,
shall be-eld not less than seven,
nor more than fifteen days before
the 4ay when the jurors are re
quired to attend.
XViII. The Constable shall, at
least four days before the time
when the jurors are required to
attend, summon each person who
is drawn by reading to him the
venire with the endorsement there
on of his having been drawn, or
by leaving at his place of abode a
N ritten notification of his having
been drawn, and of the time and
place of the sitting of the Court
at which he is to attend, and shall
make retarn of the vnire,. with
his doings thereon, to the Clerk
,before the opening or time of hol
ding the Court from which it is
sued.
XIX. A list of jurors in cities
shall be prepared and posted there
in, by the Mayor and Aldermen,
in like mauner as required of Se
lectmen ; and when posted for ten
days shall be submitted to the
Mayor And Aldermen, who shall
have power to revise and accept
the same.
XX. The Mayor and Aldermen
and the Cleiks of each city shall
severally have and excreise all the
powers and duties with regard to
drawing, and all other matters re
lating to jurors therein, which are
in this Act required to be per
fbrmed by the Selectmen and Town
Clerks of their respe.-tive towns;
and all venires "or jurors to be re
turned from cities sha~ll be served
on the Mayor and Aldermen.
XXI. On the day when the ju
rors are summoned- to attend at
any Court, the Clerk shall prepare
a list of their names arranged in
alphabetical order. The first twelve
on the list who are not excused,
shall be sworn and empanneled as
a jury for the trial of causes, and
shall be called the first jury. The
next twelve on the list shall then
be sworn and empanneled in like
manner, and shall be called the
second jury.
XXII. Supernumerary jurors
may be excused from time to time
until wanted and may be put on
either of the juries, as occasion
requires, in the place of absentees.
Nothing herein contained shall
prevent the transferring of jurors
from one jury to the other when
the convenience of the Court or of
the jurors require it.
XXIII. Each jury after being
thus empanneled shall retire and
choose their foreman, or shall make
such choice upon retiring with the
first cause with which they are
charged; and whenever the fore
man is absent or excused from fur
ther service, a new foreman shall
be chosen in like manner.
XXIV. Nothing contained in
the preceding sections shall apply
to the emnpaa'neling of juries in
riminal cases; but the jurors
shall be called, sworn and em
panneled anew for the trial of each
ease, according to the established
practice, and their foreman shall
be appointed by the Court, or by
jury when they retire to consider
their verdict.
XXV. When by reason of chal
lenge or otherwise, a sufficient
number of jurors duly drawn and
summoned cannot be obtained for
the trial of any cause, civil or
riminal, the Co*rt.shall cause ju
rwr +o ha reur!2e from the by
standers or from the County at
large, to complete the panel; Pro
vided, Thereare on the jury not less
than seven of the jurors who were
originally drawn and summoned
as before provided.
XXVI. The jurors so returned
from the bystanders shall be re
turned by the Sheriff or his
Deputy, or by a Coroner, or by
any disinterested person appointed
therefor by the Court, and shall
be such as are qualified and liable
to be drawn as jurors according
to the provisions of lhw.
XXVII. The Court shall, on,
motion of either party in a suit,
examine on oath any person who
is called juror therein, to know
whether he is related to either
party, or has any interest in the
cause, or has expressed or formed
any opinion, or is sensible of any
bias or prejudice therein; and
the party objecting to thu juror
may introduce any other com
petent evidence in support of the
objection. If it appears to the
Court that the juror is not in
different in the cause, another
shall be called and placed in his
stead for the trial of that cause.
XXVII. In indictments and
actions for the recovery of a sum
of money or other thing forfeited,
it shall not be a cause of challenge
to a juror that he is liable to pay
taxes in any county, city or town
which 'may be benefited by such
recovery.
XXIX. If a party knows of any
objection to a juror in season- to
propose it before the trial, and
omits to do so, he shall not after
wards be allowed to make the same
objection, unless by leave of the
Court.
XXX. No irregularity in any!
writ of -enire facias, or in the
drawing, summonil y, returuing or
empanneling of jurors shall be
sufficient to set aside a verdict, un
less the party making the olbjec
tion was injrred by the irregularity,
or unless the objection was made
before the returning of the verdict.
XXXI. If either party in a case
in which a verdict is returned,
during the same term of the Court,
before the trial, gives to any of the
jurors who try the cause anything
by way of treat or gratuity, the
Court may, on the motion of the
adverse party, set aside the verdict
and award a new trial of the
cause.
XXXII. -When -a jury, after due
and thorough deliberation upon
any cause, return into Court with
out having agreed upon a verdict,
the Court may state anew the ev
idence, or any paait of it, and ex
plain to them anew the law appli
cable to the case, and may send
them out for further deliberation ;
but if they return the second time
without having agreed upon a
verdict, they shall not be sent Out
again without their own consent,
unless they shall ask from the
Court some further e)xplanlation of
the law.
XXXIII. The jury in any case
may, at the request of either par
ty, be taken to view the place or
premises in question, or any prop
erty, matter or thing relating to
the controversy between the par.
ties, when it appears to the Court
that such view is necessary to a
just decision : Provided, The par
ty -making the motion advances a
sum sufficient to pay the expen
ses of the jury and the oificers
who attend them in taking the
view, which expenses shall be af
terwards taxed like other legal
costs, if the party who advanced
them prevails in the suit.
XXXI V. If a person duly drawn
and summoned to attend as a
juror in any Court neglects to at
tend without sufficient excuse, he
shall pay a fine not exceeding
twenty dollars, which shall be im
posed by the Court to which the
juror was summoned, and shall be
paid into the County Treasury.
XXXV. Whenby neglect of
a ny o n te dia fedi d in ti
Act to be performed by any of the
officers or persons herein men
tioned, the jurors to be returned
from any place are not duly drawn
and summoned to attend the
Court, every person guilty of such
neglect shall pay a fine not ex
ceeding twenty dollars, to be im
posed by the same Court to the
use of the county in which the
offence was committed.
XXXVI. If any City or Town
Clerk, Selectman, Mayor or Alder
man is guilty of fraud, either by
practicing on the jury box previ
ously to a draft, or in drawing a.
juror, or in returning into the
box the name of any juror which
had been lawfully drawn out, and
drawing or substituting another
in his stead, or in any other way
in the drawing of jurors ; he shall
be punished by a fine not exceed
ing five hundred dollars.
XXXVII. Nothing contained in
this Act shall affect the power,
and duty of Coroners, Magistrates
or Justices of the Peace to sum
mon and empannel jurors, when
authorized by other provisions of
law.
XXXVIII. The Clerk of the
Court of General Sessions for each
county, not less than fifteen days
before the commencement of the
first term of the Court in each
year, shall issue writs of veiire,fa
cias in each county for eighteen
grand jurors to be returned to
that Court, who shall be held to
gerve at each term thereof through
out the year, and until another
grand jury is empanneled in their
stead.
XXXIX. Grand Jurors shall be
rawn, summoned and returned
in the-same manner as jurors. for
trials; and when drawn at the
sine time as jurors fur trials, the
persons whose names are first
drawn, to the number required,
shall be returned as grand jurors,
and those afterwards drawn shall
be jnrors for trials.
XL. In case deficiency of grand
jurors in any Court, writs of venire
facias may be issued to the Con
stables of such cities or towns as
the Court may direct to return
forthwith such further number of
grand jurors as may be required.
XLI. No more than thirty-one
persons to serve as petit jurors
shall be drawn and suimmoned to
attend, at one and the same time,
any Court, unless the Court shall
otherwise order.
XLII. This Act shall take ef
feet from and after the organ iza
tion of the townships under' the
Act entitled "An Act to define the
jurisdiction of County Commis
sioners," except the sections from
twenty-one to thirty-four, both
numbers inclusive, which shall
takc effect immediately.
In the Senate Hlous~e, the twen
ty-sixth day of September, in the
year of our Lord one thousand
eight hundred and sixty-eight.
L. BOOZER,
President of the Senate.
, F J. MOSES, Ja.,
Speaker Bonus of Representatives.
Approved: Rn==xe K Sor, Govermor.
Address of the Central Dem
ocratic Club to the Demo
cratic Party of South Caro
lina.
FELLOW-CITZENS : The election
for President and Vice-President.
of the United States is now close
at hand. The great principles in-i
volved in the contest ; the magni
tude of the interests at stake, and
the influence which this State
may havo on the result, make this
a proper occasion to lay before
you a brief address.
The tendency and purpose of
the.radical party, as manifested in
words and acts, are the absorption
of the liberty of the individual ;
the destruction of States ; the
sbversion of the Constitution,
and the erection upon the ruins
of individual and public liberty, a
grand, grinding, con soli dated
dptsm. Already it has made
Little, now, is loft for it do but to
fuse into one mass and then
crystalize into permanent form its
various acquisitions of usurped
power. Its capricious acts; its
wanton cruelties ; its corrupt prac
tices; its enormous burdens you
have felt and do know. Against
these, and more than these, you
are now called upon to continue
a resolute fight with the peaceful,
though potent, weapon of the bal
lot. The Democratic party here
and everywhere are striking with
you for the princip?es .of liberty,
and the forms of Government to
which we have been accustomed,
for a writen Constitution, a Fed
eral Union and a distinct existence
of the States.
Surely, then, the principles of
the contest are important, and the
interest ;reat. Arouse, therefore,
to the magnitude of the emergency,
and spare no efforts for success.
When the time fur registration
shall come, let no man fail to ap
pear, and none fail to vote. Let
each one remember that his indi
vidual vote may decide the election
in his own District, and that the
electoral vote of the State may
turn the scale in favor of the
Democratic party.
Our people must not respond,
nor relax their efforts, if there
should be failures elsewhere. On
the contrary, they will have reason
to hope, and much to stimulate
them to increased energy, for it is
yet possible to win. State elec.
tions are influenced, and sone
times controlled by local issues;
and it haaoften happened that
these go one way, and in a few
weeks thereafter, in the same
place. the Pr.esidoutial election
another. This may be the case in
the present canvass ; and, indeed,
we have reason to hope so. Re
cently we have received reporte
from all parts of the State, whicb
induce the belief that South Caro
lina, with proper effort, will b(
carried for Seymour and Blair
Let not the failure to do so be as
cribed to you.
The canvass in which you are
now engaged, is full ofexcitement
which will probably continue and
increase to the end. We trust,
therefore, that it will not be amiss
to drop you a word of caution.
T be criminality of a few, and per
haps the indiscretion of many, have
placed it in the power of malice
and misrepresentation to injure
us, and seriously to damage the
common cause. We urge you,
therefore, not only to prevent
violence, but to abstain from the
appearance of it. We are dealing
with a false and subtle foe-pro
lific in inventions and vemonous
'in purpose-a foe wbo fully under
stands the temporary profit of a
nimble lie, which to often achieves
its end before the truth can even
bckle on her armor..
We need not urge upon you
the policy and the duty of treating,
with great kindness and forbear
ance, the colored population of
the State. This you . have ever
done, and will and continue to do
as long as you are permitted. We
have no doubt you will make man
ifest the untruth of the maelicious
charge, that by force you have
compelled their votes or by in.
timidation kept them from the
polls. Their minds are rapidly
opening to the truth that the
vagrant white man from the North,
as well as the renegade of the
South, who live by deceiving and
pludering them, and who have
been driving them to destruction,
are not true friends, and are un
worthy of confidence and support.
With a'fair opportunity they will
return to you, as their estrange
mnt is owing entirely to the
false teahings and malignant ef
forts of the Northern emissary
It cannot be forgetten~ that the
State voluntarily, inj 185 invest
ed the colored population with
e-e.y civil right;- and tha.t the
in April last, recognized them, up.
der the previous action of the
State, as an integral element in
the body politic-and expressed
its willingness, when in power, to
enfranchise them to the extent
which the public weal and their
own good might warrant, he
position then taken by the ton.
vention, and which was announod
to the people of the State and the
country, is now re-affirmed.
We beg you to remember that
the Democratic party of the State
was not organized for tie purpos
merely of supporting the nodi
nees of the party, but for higher
purposes and more enduring ends.
It is possible that our present
leaders may be defeated, but oar
principles will survive. The 'tb.
erty of the individual, the 14tg
and welfliro of States, the Consti
tution of the United States and "a
Federal Union undef it, are Ob
jects worthy of patieiiee and en
during efforts. In the success We
hope for, our organization will be
most useful' and in case of defeat
it will become essential. We"there
fore desire to impress upon yet
the necessity of preserving i#t t
and in full energy the adwic e
organizations of the DemnocA
party of South Carolina.
WADE HAMPTON,
Chairman Executive Conimittee.
J. D. POPE,
J: P. THOMAS,
F. W. MXMASTEE,
W. M. SHANNON,
S. McGOWAN,
JAMES CHESNUT,
Chairman Auxiliary Committee.
Inbmous Attatk ea the Wmsat tM Noa.
In a recent article addressed to Badical
Spcakee* ind caivassers the Balsi&h
Standard says .
"But wherever else you work don't for-*
get to work among the women. The
Coufdracy wouldn't have lasted a- yr
if it hadn't been fur t.em. One good. rebel
woman is worth a dozen rebel wen. de
after the women then. They will mais
t.heir bushands and their lu*ers shent- er
Grant and Culfsx until they re bs,
if you will mwnage to re lace some of
diamond rings and laces rauk Blair
from them when be was here. And don $
he.si tate to throw your armi: arouuu th
necks now and then, when theAe-.
hands are not around, and give them ,a
god-' Thef all like it, and the
Yankeer you are the better it taet
Our experience with female rebs in, tEat
with all their iiin.s they have ? inis
amounit of hiumian nature, and only wags
to have it app.reciated to be.the most lev
ing creatures iaiab'le. 8calawags and
carpet-baggers! don't. failt.therefore, a.
you canva~ the Sjate to lotak afte. the
somien. Yo'u are a1[ good looking a
th;ey know it, but A ibh the nativ. 0ed
estLy, like sweet New Engeand girls, thigr
like to be approaced fin4. )' b
afraid of their eyes-they glare hks
young ieopards by daylight, but sndir
the moon uo blue da athi sticken fee3ls
is b.df so tender or half so deep. Don'
reed Judge Pearaun's letter ta them, hi
give them Byrona and Sheily in. volpwes.
and you will have them in yo6r ar,. 0
not in your party, i.o less than a-e.k."
Another railway across the Alfs,
besides that by way of Mount CeN
nia, will soon be in operation. The
third section of the road.by wa o.f
the simplon, was opened onSe
'tember 6th. Thia route, it is *&e
sorted, will form the high road tu
India, since it will trminaM th
th, heel of the boot-ed
penmasular of Italy, at Briwdisi,fro
most convenient port for travelesu
bound for the Isthmaa of BAes.
A traveller in Viiginia, a few
days ago, stopped atY b ouse oc.
cmpied by two isdies only. -In
the night 'he heard a noise and
went to the head of the stair..
A negro head appeared, .and he
shot it. Another and he shot that,
then going down stairs he round
a negro in' the ladies room, and
after shdoting him had leisure to
examine and find that both girls
lay with their throats cat.
It is said there is a Yankee in
Springfield, Massachusetts, who
rides every day in the omnibes
and always sits near the forward
end, so as to pass up thetfare of his
fellow passengers. Each one gives
him a 10-cent piece, but hogivesth
driver instead a ticketNhioh, as
he buys them in quantitt%~
him nii Nni