The Pickens sentinel. (Pickens, S.C.) 1871-1903, October 01, 1891, Image 1
voll. xxi PICKENS" S . THIURSD)AY,X(COE~I,19.N
BALMACEA'S TRAGIC EN D
CHILE'S EX-PRESIDENT COMMITS SUI
CIDE AT SANTIAGO.
The Doed Cosasitltc ill IthS A~at-toltio
Legmtioa itoto tit taut.. vheor"I ill, 11111te
1es W a lota 1s.--A ilu isc P la&l.j
tio.
NE A YonK, Selil. 20.-The Iterald'i
Valparaiso coespoiadent telegraphs as
follows:
Ex-Pret-ident Balmlaceda, of Chile,
shot himself through the temple in his
room at ty.e,Argentinie levation in Santi
ago at 8:3tva. m. today (Saturday). The
story bm camte known here this iahernoon.
and created the greatest excitement. It
now seems that Balmaceda left Santia
go oi August 29, in the hope of making
his escape trom Chile; but seeing that
every avenue of escape was cut o'. he
returned there oi September 2, and
went direct to the A r-entine levation.
After the disastrotus battle near Val
paraiso and the surrender of Santiago.
on August 29th, in company with tx
Alcalde Victor Echauren, he took a
carriage and drove to a point two niles
outside the city. Here it tspechlil train
of one car and is locomotive was in wait
ing. Th'v train w%ent ti, hiuh speed as
far as Linderos. furr.'-live miles south
of Santiago. There more carriages were
ill waiti. Hlurriedly alightimg from
the train they tntered the carriages and
were again driven r,apidly away. The
route was toward San Antonio Bay.
All trace of the fiuit;ves was, however,
lost,. lls intentaon was to go on bo ird
the C11ndel, which lie expeeted to find
lying in San Antonio Bay. On arriving
there, however, he discovered, to his
chagiti, that the vessel had sailed.
Smete his return to the Argentine te
gation, in Santiago, Balmaceda has been
n an exiemely nervous condition. No
one, with the exception of the minister
of the Argentine Republic and one other
man, %who was devoted to the unlortun
ate ex-president's cause was permitted
to talk to or even see him. All the dit
ferent schemes of Iight were considered
by the hunted cx-president. Senor Ur
riburria wetit to the theatre last muht.
When lie returned to the legation, lie
had Y long and earnest talk wit, I Balma
ceda elative to the latter's ideas pre
viouf,iy broached, about the advisability
of giving himself up to the Junt. Bal
maceda and Senor Urriburria went to
bed at midnight.
Senora Urruburria, about 8 a. mi. to
day. heard a pistol shot in the bed-room
that had been assigned to Balmaceda.
She notilied her husband. Betre he
went to Balmaaceda's room he ran around
to the houseot Carlos Walker Martinez,
and brought that gentleman back to the
legation. Upon bicaking iml the door of
Balmaceda's reom, it was fIund that he
had shot hiimself. The body was still
%arm. There was a vaping wound in
the temple. The body was undressed
and lay on the bed. The revolver was
still held in his right hand.
Senor Concho ran to Moeda and in
formed the Junta of what had happened.
A commission was promptly issued. It
comprised Carlos Walker Martinez,
Senor Melchor, Senor Concho and .Judge
Aguerra. of the supreme court. They
went direct to the legation from the of'
lice of the Junta's representatives and
viewud the body. They then drew up a
proctss, certif) ing it) the facts already
stated.
Gradually the hews spiead all over tle
city. and the excitement it created is in
describable. Gient crowds of terribly
excited people gathered tall around the
Argientine legation. Thaey checered and
they hooted, and went, into a frenzy'
over the dleathi of their chaief encmy.
A bove all the dliscord mt, shaot'ts were
heard cries congratulating thae unt:itt
nate Balmaceda that, in takmng his own
life he lhad escaped a worse tate. ThaI
maceda lelt a letter to hats mother.
Also, a statement to the Herald. As
almost t,he last, declarations of a dying
man, they are of especial imptortanace.
lie says:
"I acted all duirmns ti e piast ei.ht
months with t,he firmi conviction that I
wats right. I had no one in the aarni.
upon whaom I cotald Place anay trust.. M
generals,were false to me. TIhey lia d
all throngh the war. Had my1 (orders
been obeyed, I believe that the battle
of Concon wouald have resulted im a de
cisive victory iagainst the eniemy. "M)
heart all through t,i s trouble has beena
with Chile. I sought to recvue may
country fron foreign dIommlationi. I
strove to make her the first. republic iii
America. My enemies say that, I was
cruel. Circnmstances comlled me( nto A
suanctioa certain acts, but, many had
(leeds that have beena at.trib)uted to iia
olders were never knowna *y me until
SJiE hadI b)een commattedt.
"Until the fhrnl battle at Plsacill, I lmud
stiong haopes of triumphling~ over n,'
foes. Victory was assured b3 ay utI:er
ala. Alcerecca and Barbosa and VTie.
"Thaey all lied. I now knaow thaat
thecy only paretended friendship teor mew
because of money thast was to be csttten
out of me.
"All the money that I han. in naa
possession is *2.5'00. My wile gavec it
to meron the night of August 28.
"Your ruilnister, Patrick Esian, nuings
timaes offered me good advice. ~lIe urgewd
me to make peace with those opposed t(o
me and to retire from Chile. I did not
heed lia wise adlvice, for I thought that
hae was under the hifluenace of the ,Junta's
ordlers, who were then refugees In the
American legatiou. All throtulh the
trouble my closest advisers web alway s
opposed to any overtumes for peace.''
Anothaer lette r w as fotind, aaddresed
to Senor UrrlintraIa. In it Balmacedia
says: "When I saw thae persecution di
rected againast me by persons whao had1(
supported my administration, I came to
the conclusion that the only way' to put
an end to this perseection waus to take
my life, as I was thae responsible one.
Adios, my good friend! Give my fste
well to my wile andl children."
Tfhe Junta has the Argentine legaiti
guardled by troops to prevent ain attack
on the paint of the populace. bait every
thing ts quiet at !Wantlagt tonIght. Bial
ma5ceda's body has been removed to
the general cemetery. . It was accom~
panled by the members of thme family
and fiends. The widow of the (lead eX
Wreslent was hifortmed of his tragic end
ing by her brother, Doninvo Terro.
There is a guard stationed it, the cene
tery. An intetndente is keeping order.
PROTLsr OF THE PEOPLE.
This Veliet lit the Haili . iat, Rupillat,
i4 al tams M0-4ttilemg.
IIAM'ON, Va., Sept. I8.-ihe court
lhot-eal I altiptoln wtas cr wded tolight
with represiitatives of It.iipton and
E,lizab.-th city and county. who had met
to express the-ir disapproval of the ver
lict eindereft ill i he Ilainls ease l'lleslay.
The 1on. 11. Leger,ex conmionwealtl's
itthir.ey, was chosen chairman antl
made anl address, setting forth ithe pur
po(,se of' the meeting and appollnted a
.-ommiitter on resolutions, .Joseph fie f.
linr, 1). F. Cocke and W. J. Vvyinouth
were appointf.d.
A"hle these resoltitions were being
prepared Marlion Colbv t, a prosperous
bsmess man, was called on and stated
tis views with no uncertain voice.
T!io coinmittee then reported the fol
on ing resol utions:
"We, the citizens of Elizabeth city, in
nasb inaetitg assembled, brought into
ioltit comcil ov te startling verdict
rought in t ca- (r i hirntoui liths
h1irgul with the i tirder ilt Edward A.
I lanosran in Ilaipton lRoads on .June
Wh. 1891, contrary to the hitherto good
aiae of our people for loyalty and jus
ice, resenting that the same shall be
lashet to the world as representative of
)ur commtnity, do hereby proclaim
w%i'.i all the emphasis which moderate
tind temiperate language can convey:
"First, that while we do not assail
e idelty of any individual juror to
his conscience, we believe said verdict
was contrary to the law and evidence,
id we do hereby coademin the same as
tending to license inuruer, subvert the
peace of society and threaten our fire
iides and the business ot our people.
"2. We call on the otlicers to enforce
impartially the criminal laws of the
,otmnonwealth and to punish all offrn
Aers without fear, favor or affection and
without distinction as to class, condi
lion, race or color.
"We iiphatically declare hereby our
Zritf at the ending ofrt his t rial; that we
the people are thrown on our defense be
lore all right thinking people; sorrow
tLhvt the bulwarks of our peace and hap
[)iness, the sanctity of life and law, have
Ueen assailtd at their very foundation."
Aft-r the resolutions were adopted
Lipscomb, of Washington, who was
present, was loudly called for aid made
a stirring add ress in which he denounc
ed the jury in good round terms. The
meeting then quietly adjourned. At
least I,x)0 people were present and hun
were unable to get in thet building.
Fileninh Oruelty,
Cm ..ko, Sept. 2(.-WV. A. Higgins,
secretary and contracting agent for the
Milwaukee andN Wisconsin Railroad
company, wit h headquarters in Milwau
kee, was arrested lit re last night on a
charge of mntuder. Sunday iorning,
Sept. 13, Higgins and a maan named
Arnold, a traveling freight agent of the
Elkhait Freight line, who also has his
ollice in Milwaukee, were in Simon
Caorassa's saloon ot Martin steet.
'he two had been on a spree all of
Saturday night and were linishing up
their debauch when an old colored
woman entered the place.. Tite two nmen
insisted o her (tancing tor then. The
old wonan finally consented and while
she w.as dancing somie one touched a
lighted niatch to h r clot hing and she
was buried to death. II iggi ns at once
Jissappeart d and the police sent out
dn.patchis asking for his arrest for
mirder, as they claim he was the maQ
who applied. the match
higgins was placed under arrest here
yesterday and taken to the central sta
tiona. T1he Milwaitkee authorIties were
notifiedi and an etlicer arrived from
there at 10:30 o'clock last night. Hig
guns waivedl requisit ion anid left for
Miilwaukee in enaurge of the officer.
Iliggins dlenies having applied the
matcht which (ausedl the old wornma's
[iratha.
A Democaorattic lioiam inm I,wa.
Sl'ENcICn, 10w A, Sept. 18.--The I arg
est. Demscratic demonastrationa ina the
hist.ory of Northawes.tern Iowa was per
senated in a 'm cet ing 1 Ore this afternoon,
addfressed by Conag ressmnan Springer, of
Illinois. Thel con tties of thais region,
llharteei numltttb-rt, compn~risinag the 11th
Congression;al uditr-et, haave,with two
or trrc 4xcep)tiaons, taeretofore given
hecavy liepuiblican maajoaritie's consm,tut
ing the iuablian stronghold ot IOWa.
Spaencer is in the heart of t his region,
ad uan: lt he- visit ol Springer no Decm
auratic orator of rat atal paromttinence
haad addaesadei thme paeople 01 i,his strong
hold. Theam heat w,as inatense, I-t Spr
mager lhe hi the clos,- aand earnest atten
11on of his auidienace for an hour and a
half whai.l h discussed issues oi nia
tional 1,01htics.
Ai ta meanocent Mau Con victeel.
SA N n A Ncisco, Sept. '20 --Sidney
lleil, re'cetntlv yconavictel of rite murdir of
iinuel ,1acobsonI)l, itaitmerhat of thi s
riy laho was miyst e-riouisly shot on the
rigut, oI A ugust, 16. 18910, Is probably
iain.ocenit.. Charles Schti lt, one of the
p1 I etipal witneisses agatist Bell, has
anade a con ft ssion a aiitting that all
ais test imn a10*3 t thle Itud was false.
liell's ai trna-) s saay they) have a wItness
whio will swear thiamt the iirder was
iuommnitted b y a gambl. r namred Max
a wart z, wa oa hada beeni visit ing Jacob)
sona' sister. . acobsoni forbade him the
ho use, andilil daug haun there on the
highlt oi th.- norilder, tried to 'ject him
inad was shaot. by Mehiwart z.
T hae 4). ta1tomaia ltoea,ara.
(G'iurnt-:, (1. 'T , Se.pt. 21.-To day
had little- c si bance t o Si 'aday. All day
lho siteetc have beent c:row~ded with
praih iC schiooners, carrIages, hiorsemnat,
tad loot pa&tsenlgers, all jammited Into a
shouttig, struigghnag, humrrying aas.
At the necur o seta itmnt of Langstont
are 2,000 in- a ur s, ali tar maed antd en thme
road. All o,r these tnegroes are deter
minred toa haave a clantra or lIght. On
~ever) side of tIhe rteervatmons the line
is a continumous cam iip. and1( the numtmber
at peopleIin wait ing is (tally 30,000.
(ina.mx (ir*.uaet'. nta..
Oi ntE iN vI I , Se-l p- ,8...-Sg.cial The
'White Manm's Har," of which M.Sher
nan Is thme proipriet or, was closed to day
umnder uita nchmiat, l.v t lae sherIff In fav
L>r of J. B. Brown & Co, of Baltimore,
for $419; There is also a inortgage on
the saloon whitch l,asa a gorgeously fit
ted-up atfair, and the fixture, are said
to have cost more than) any saloon~ jn
the State. The a sloon Is the third one6
elosed by the sherifv In a ..ek
FULLY THREE THOUSAND PERISH.
Aspoaliug Loss of Life by The Floods
In Spain.
MAnaID, Sept. 16.-News slowly
coming in from the South of Spain re
ports the damage by reason of the ex
traordinary floods In that, section as be
in! general. The loss of property is
something enormous, and everywhere
railway trans have been derailed and
the roads blocked. The meagre detaiNa
thus I'ir received from the Province of
Toledo give harrowing accounts of the
extent and phenomena ofthe overwhelm
'g catastrophe which has befallen the
province. So sudden was the breaking
forth of the waters that, I numberless
instai;es the unfortutnate people were
drowned befoie t,hey could leave their
beds.
Strong bodies or laborers, aslated by
troops, are working night and day to re
cover the bodies ot those drowned or
crubhed to death, but up w t,he present
time only 400 of tle bodies of the miss
ing thousands have been secured. The
vintage and the corn crops of the dis
tressed district have been totally do
stroyed. ti) that poverty and hiunrer
nusL fillow in the wake of this frightfiul
visitation. Two-thirds oi the town of
Consuegra, in Toledo, with a population
of 7,000, has been destrowed by the
floods. Five hundred houses have been
destroyed at Almeria. I, is certain that
fully 2,000 people have lost their lives
by the floods. Hosts of corpses remain
unburied, and, because of the great heat,
an epidemic is feared. Famine Is caus
ing nainy to engage in plunder, The
government is striving to feed the des
titute.
The town of Consuegra is ruined and
the police are prevebthug pillage. The
burials of the victims are proceeding
amid scenes or mourning and misery.
It is thought, that 5,000 head of horses
and cattle were drowned. The town of
Alineria is in absolute darkness, the
floods having covered the electric light
and gas works. Throughout the whole
flooded region there are reports of in
creasing misery, destitution and waste.
The mayor of Consuegra estimates the
number o' people destroyed there at
3,000. In many pluces limbs were found
separated from bodies. The officers have
telegraphed for lime ,o prevent disease.
The Queen Regent has started a sub
scription on a large scale for the benefit
of the sufferers, and many subscribers,
including the Bank of Spain, have joined
her in large donations. The scenes dur
in- the flood at Consuegra were awful.
Pieous cries came ironi the drowning,
'or Nhoin there wis no assistance. Sixty
corpses were 'ound in a public hall,
where the victims, in the midst of a
wedding .feast had been overtaken by
the flood.
Fanklues Awful Faeo.
ST. PTENItSBURG, Sept. 24.-Ieports
received here from 'Tamboff and its ad
jacent provinces announce that the
Zemstvos have provided for the resow
ing of land and to furnish supplies of
grain until January next. After that
there will bo the greatest difficulty to
ensure food for the people. As t,he col
lection of taxes is iwpossible, the salar
ies of local administrative bodies have
been suspended. Even if funds to sup
ply grain are obtaintd the distribution,
which will be over wide fismine tracts,
will be difficult, and the maintenance
of hospitals, schools and asylums is
doubttul.
The scarcity of outs and hay is com
pelling farmers to sell live stock at
mock prices. For instance, a horse for
2 roubles, a cow for 5 roubies anti colta
from 20 to 50 copecks. After a recent
county fair in one district the skelet,ons
of forty horses were found by the roadl
side. The animals had been killed for
t,heir skins.
Destitution Is also staring in the face
a large number of people who have
been employed on the public works, as
the work on the latter must stop when
fross set in. The masses of the people
rely entirely on the Government to help
them. This being the state of affairs in
the paesent mild weather, the gloomy
prospectsa held out by coming w int er
can be readily imagined.
An analysis of the bread sold in many
places by unscrupulotas merchants re
vealed the fact that absolutely poison
us mixtures are sold. Several mer
chants have been arrested at Morshau,
andl( will be summarily tried, Many
specimens of such breud consist of 70
per cent of eart,h aud sand and 30 per
cent of' refuse farinaceous products.
Among many conjectures regarding
the causes of the failure of the crops it
is suggested that the drainage of hun
dreds of verst of the vast swamp of
l'insk resulted in ilooding the O)nieper
in the spring and in the lowness of the
waler late i n summer, thus causing a
diiiinution in the rainfall in the east
ern provinces. Almost all of the Gov
einun nt offcials have volunitarily con
tributed a portion of their salaries to
the famine fund. Tne public talk of
bringIng bread from Ametica and
Egypt.
Me-. Poik's Demlal.
WAsllINUToN, Sept. 22.-Col. L. L,
l'olk, the high priest of the Alliance
ordler, is back in Washington from his
Western trip. To the Inquiry as to
whatz foundation thiere was to the re
port that he was threatened with tar
and feathers by Kansas veterans, he
said there was nothing whatever an the
story as to the dispatches charging
that lie apologized in his speech for
having gone into the Confederate ser
vice and spoke approviingly of a strike
among the cotton pickers of the South,
P'olk said: "it is ubsolutely and un
tiualitledly false in every part Icular. I
uttered no sentiment In KaL.sas or else
where, which by any forced$ construe
nion could have been contorted into
any such expression. It is a lie out of
whole cloth. I have never uittered a
sentiment in a Northern state I would
not willingly repeat In any Southern
state. As to the strike of the cotton
pickers I had heard nothing about it
until my return to this oflce.-Auguu
ta Chronicle.
Jenes Net a Candidate.
ALIBANY, N. Y.8ept. 21.-The Citizen's
alliance, a branch of the Farmers' alli
ance, held a picnic and barbacue on the
fair grounds today. LIeutenant (oy
ernor Jonee was riot present, and State
Lecturer Spaulding in an address to the
gathering, said the lieutenant governor
had informed him that he was no long
er in the fild for the gnbernatorial
nominntion this ar.
AN INDISSOLUBLE RIE
AN IMPORTANT DECISION BY JUDGE
JAS. F. IZLAR.
Marriages Contracted After a imvo,ce in
Granted In Another tate ar" Illegal.
Other States Cansot Controvert 4)ur
Laws.
An important decision was lately
rendered by .Judge.Izlar in a case com
Ing before him on appeal fromt a Pro
bate Court, as it fixes the status of par
ties married in South Carolina and
securing a divorce in another State.
rhe case arose thus: Thomas M. Peo
plea married in this State, afterward
went to Florida, where he secured a
livorce and re-married, and afterward
returned to this State. On his death
letters of administration were granted
Lo Rowlants W. Peoples, his son by the
Florida marriage, andi petition was
made to the Probate Court of Colleton
County to have the letters of adminis
tration revoked and granted to the
petitioner. Georglanna White.
As matter of law the Judge of Pro
tate found that there was no ground
ror revoking the letters of admiinistrd
tion nreviously granted to Rowland W.
Peoples, that under the facts before
him Howland W. Peoples is the legiti
nate son of Thomas M. Peopits, do
leased, "for, in the first place, there is
rko evidence to show that the first mar
riage of Thomas M. Peoples was cele
hrated in this State, and hence the dicta
Af the South Carolina Judges, holding
that a marriage celebrated in this State
oannot be dissolved save by the laws of
this State. have no application to the
3ase at bar; that even if the proof had
3hown that the first marriage was con
Lracted in this State, yet the decree of
livorce in Florida dissolved that mar
riage, and hence the second marriage in
the State of Florida was valid, and the
issue thereof, Howland W. Peoples,
was legitimate," and thus finding the
Judie of Probate dismissed the peti
Lion.
After considering questions relating
to the first marriage In this State, the
securing of a domicile in Florida. and
the purpose thereof, an( the subsequent
second marriage, Judge Izlar says:
It now becomes necessary to consider
the force and effect of said judgment of
divorce. The American doctrine of
divorce is cleaely stated by Stewart in
the 5th vol. of the Am. and Eng. Eicy.
of Law, 746 et seq. From Mr. Stewart
it appears that "every State has the
right to regulate its own domestic
policy; to determine the status of its
own citizens, and to choose for itself
the terms and conditions under which
its own Courts shall grant divorces,
and a divorce granted in accordance
with its laws must be valid within its
own territory. But no State has pri
marily the right to push its domestic
policy beyond its boundaries and into
other States, or to dissolve the marriage
or change the domestic status of per
sons belonging to other States; and the
Acts of one State have force and au
thority in other States only by consent
of such States, that is to say by the
comity of nations or international law,
or by virtue of some paramount law,
such as the United States Constitution,
or a treaty between nations." The
principles enunciated by Mr. Stewart
on this subject will doubtless be ac
cepted In all States where divorces are
allowed by law, but in South Carolina
divorce a vineulo is not allowed by law.
Here the marriage contract is regarded
as indissoluble by any human means,
and it has always been considered as
contrary to public policy, and as op
posed to the goodi order and well being
or society, to dissolve by divorce~ the
sacred bonds of matrimnoajy.
rThis policy has never at any time ini
the history of the State failed to have
the support and approval of the bench
and bar, and to receive the hearty en
dorsement of all the citizens of fintelli
genice and culture in the State. It is
true that at one time in the history of
the State, when it was ruled by the alien
and the stranger, and when the General
Assembly was composed principally of
corrupt freebooters and ignorant nie
groes. the "stern policy" which hadl pre
viously prevailed was relaxed. Thle
new policy which was thus forced uipon
the Stat e did not meet wit.h favor. As
soon, therefore, as lntelligenee and1( vir
tue airain took the place of ignorance
and vice, the "it-erat policy" was resunm
ed, and has ever since been firmly aid
hered to and( jealously guarded.
I ami inclined to thimk that, t.he divorce
unde r consideration, eveni if tested b)y
the American rules, wouldl be he!d in
valid to affect, the mnatrimonial st,atui
of Caroline P'eople-s. Under the cir
cumat ances of tius case I am p'ersuiadted
that the dlecrce of divorce could do no
more than affect the imatriimonial statius
of Thomas M. Peoples. it could not, in
liy opinion, fix, regulate anid control
the status of Caroline Peoples, who at
all times had been an inhabitant anud
citizen of South Carolina.
ilad T1homas M. Peoples continued
his residence in the State of Florida,
and had the operation or the judgment
of divorce been confined to that State,
South Carolina would have been comn
pelled to acquiesce In the st.tus fixed
upon him by that decree, but when lie
quit his dtomicile of choice andl returned
to his domicile of origin, the judgmenit
of divorce ceased to shield himn. It
could not push its elfects out into Souath
Carolina to the defeat of its settled pol
icy. T'he status of Tihomas M. lPeophes
acquiredl by that judgment in Florida
cainnot be recogmized in him as a citize-n
of South Carol nia. T l.ere is iio princi
ple of comity which demands this of
South Carolina. If hie would enjoy the
liberty given by the decree of dlivorce
then he must remain In the State or
Florida. Let the rule contended for in
this case be once established, ihen sur
ywllthe peace of society be jeopar.
de, the marriage bonds he weakened,
and the (door which has beeni so long
and so faithfully guarded by the b'*nch,
the bar and the Legislature of the St atti
be thrown wide open "to fraud, imposi
tion and other Imunnorality." In this
8tate where the common law prevails
the courts will scrutinize with jealouisy
divorces granted by other States where
a laxer system prevails. Ilere It is
solemnly believee that "'lie principle of
the indissolubility and! exclusiveness of
the mtarr'iage bond is essential to the
healt.h of the body politic." But I go
further. I am ini harmony with what
is termed the dicta of the South Ca, o
lna Judges. These dicta of our Judges
rest upon the doctrine laid down In
Lolleysacase, I Iluss and lRy, 2341, decid
ed In 1812 by the twev.T undes of Eng
lanl", and h Iieh was alterwar d.s r4. cogz
IIized ainl t.lIo wed i nitn t IIIIb or of caetis.
,Judge 1zIer here quotes a nuiwmbr of
authoities inl Support, of his posit iol.
The Court is asked in this case to de
elare the decree of divorce obtained by
Thom1s M. l'eoIes inl Florida valid, his
second marriage with Sarah A nn Cller
lawful and the issue t.iereof legittmitte
li South Carolina. 'ihe question pre
sented is, shall the /C.X (h/im- i/N prI vail
or the /.c lovi rontrimtits/ This ;s a
grave question. I ait of opiniou, how
ever. that this State will not con.jent,
to recognize the proceediings of any
other State which are so contrary to its
views of public policy ,and inoridity,
and that it is.o ontt ! o
.Adiitting that it lever liA been
formally decided that, the doctrint of
Lolley'r case is the law of the Colir's
of Soith Carolii, the qluestion is Ires
ented, shall our Courts loll')%w the comn
mon law as declared ili the case, or
shall they follow the dicta of L,rds
Westbliry, InzaIRe 111d others / I
have Io iesitationi m0 s tying that. the
pubeli policy or thestate denmiins tihat
the Courts should be mn1tiemnced by the
views of our own Judges to adopt as to
the settled law of this State t he dioi-t rine
of Lolley's case, as declared hy tihe
twelve Jd ttlges (I l:iiglaud. I n Ditke
vs Fulmec. (lbi52. ( ,hiancellor Ward
ILw said: 'lhe conlimon la w as deelaired
by the Judges o I.:nfF1j;i( is en-ar
agalnst the recoglitioll (0, fole in Ili
vorces as dissolving iirriages oi .
tr acted in Ing)aid.
I therefore hold, ill tile laulguiage of
lJilge O'N eall in lyCe vs. ( I I ens,
that, "'le m111arriage coltract )Ii 1thiS
State is regarlel as iIdi)soluble by Ily
hiuman ieans. Nothiig shiort of the
aetital or prestiied deati h of oe of tile
parties canl have the tffect of discliar
ing its obligations or preventing its
legal eifects." The drcree of div -ree
pronouceed by the ('irciit Court of
Florida does nol, inl 1:3' opinion, elfl.
the status of Caroline, w io, at all tiies,
had been an inhabit of South Cato:Ilna,
and when Thomas 31 1'eopes retlo1 lit.d
to this State permnant litly to resi(h. telt.
shield which the decree of (livorce th rew
around him in the State of I"Iorida ;was
withdrawn, and he becaIe stubjec(.t to
the laws of South Carolina, by which
neither his matriionial status in
Florida nor his subsequent mnIII lage
can be recognize,t. UlIder the law s of
South Carolina the Florida divore did
not operate to dissulve tle Souit h 'aro
lina marriage; therefore, tie sucond
marriage must be held invalid ,f)n6 the
children of said marriage illegitimiiate
in South Carolina.
The law of this Court is, a. i l:IVte
beei, that no foreign tribiual is om
petent to pronoiice a leeree of'div iree
a vinlcIulo of a Soulti C:irolina iiiarrI:e
or pronounce any other dverte Ii an
such-. as wouil I he allowel by thlie ll- x
loci cont ractis. it tnis coi-et ionI I
would call special at i4- i 1ion to n -nt ich
1,o lie ft1,ui in the Carolina Law .lo.il
al etit led " Foreign I)lvorct s (if 'aro
lilla Marriages,'" pa!re 377. 1 am ,1ill
aware that in he Ou lnit ed Stt ivs, out,
Sidte of Soulil Carolina, the( Colurb if
inatters of divorce are govirned en
erally by the lx domocilii, and nit b
lex loci contractuis, bmt. South Cardin:
occupies it uiiqle position in resp(e
to marriage and divorce. livre it 1-.
loci contractius goverils. If(ire fit
marriage cont,ract is regarded as iii,lis
Solble, eithier by Co n0S(ntL Of the Ipar
ties or by I he j,idgment. or statit ot
any foreign trinual or Legislactir.-.
It is therefore ordert-d adiiitiged i hat
the decjee of the Pro a:te Court, in thii
case be, and t ie sami is hiereby, reN ers.
4(d.
.4u1cede of Isis (ovrmr
IAHLaNvlVmLA:, \to., -Sept. 23 -- .x
Gov. Allbert, 1'. .\orehouse coim ted
suiicidet at, his re'sidlentce at. Ii o'clocl, t4o is
inloriiii. Steveral weeks ago the ( ov
('rior wats violt lItlv overhea'~tri I whtile
dlriv'ing ('at tIe and has been ini a '1ery
hie has bee-n de(lirjius andi lery iiuif-h
(depressed. lie was take'n ouit for1 a
driv e by a triendl last iigh t an be<Is a ine
so) inu ich exci ted that he was brou4 IIgh t
hiome anid a phlysltlan calledt . 114' be
can1ie <ipietr andi 1( tis itioring w as
de piltg <luiie'ty. 'I'w w) at('Il ~-n ;r.
iln anlothier roomi. T['i:-y hea:rd a is(
iii the (Governiot 's r0e11n and1 oni enteir.
inig foundti huiii hyingz 4n thi' floor, bhood
spoirtinag frain his thrl'te't. 11l hd ciit
at gue-h in th lef h't SuId' of his thromat
about fouir inlches' lng. 'l1i . neopoii
was a (OilJt on )nonpocke kife. which lhe
still hitl ini 'i, right lt;itit. 114' haul
foiled(ly illiA I i:t, ;id i' r ; I I a p1 lpp'(
tht'iu utller Ilis headf.
( overnlor \lorol'hi isi wa:s h in , ini
I)elewa:re Countit,y, OhIio, . luly lit, 193o,
a1111 Cattne t.O .\Vissoiuri iln 185. l It was
a hiawyer' by pri!oin :nS Oli h a'lI alIw als
politie.s. lie was elec' iie,l 'i La .ilat
Giovero 101'nI the lletiwerat i' t icket ini
1881 w ith ,1. 5. .\ar imtul;ik e as Go ;i' erI 10r
and up jon the (dutih I of the littfer soi;
c4'ed.ed hiit and (ook ih' :mtht as Gov
4irnori ini 18s7. llii wife' 11,d 1 nol , hni.
cireni are iln St. Jo)sieph.
II t'iN4inIN, l'at., Sept. 2. Th1e ('at
Ite ini thits and1 adjonun'lg (count its area
bieinig at,tacke4d withI a Pecltiar, and
tits far uinidet-tiil, dhisease, n I hit, ina
wtarIly (every instance1'4, pro41ves I fatid
TIhe dlisease hirst appea';redi : bot t A
weieks ago, and1( dreadyt hando-41 , r.l '
cattle have per1ishted. \\'el nitarkt,
I he animal's head falls hel'plsily ani
its le'gs Seelits unabtle to, be.ir thei w4.t,
of1 the bodIy. It. is behiered4 thI a th
dI seasAe Is a for in (Il Tens .5 spIhie ftvr
ami was brought he.re bty . 'ii he4rli (at -
thle.
ATLA NTA,Gabi., Sept,.23. Thf~is Imorni
lng the' Georgia Le'gishit 11ue. tI' to much
Iioted Oceala re'SOi iiiins as 4'rihlrs- (d
by the AlIiaincei a11d de'linaind, 41 by Iininl
by I 'arret.t of l'i ke CountIIIy, hor' thte a p
piroval and( endo(1rseent of that bo:dy.
i'hie resohlutionis 'A &Tre de1fe ited by a vote
of 81 t,o 43:. Thi;s is somen'' htat of ac
t ri utmph over the thirdl party mrovc
imen't ini t his S'ate, ats it cleairhy indi-i
catls Lithat any Allan inenhtl of the~ I,egj(
islaturie wvho are int a ii;:jori' 1 i t,hut
bodIy are not inl sylit,bLhy with any
iteasure that Is dlirectlhy opposite to
their views as I)emocratie, inemlrberl.
itl lb ito "vrttibsate.''
t rain on the R1mihmlond nd I )anivillIt
railway ls getting in its work raplidly
Y esterday at a crossing near' Libei Ly
the nlortihtboond tratin struck a wagoi
with three or four persouns In it, anlda
man and a woman were kll dI mand
child fatally inju red. 'The coronetr bel
an inquest. to-day, but no4 Fep~ort of thei
find(infg has be-n rccelve-.ohdr.
CLOSING UP THE COOSAW CASE.
The Coup,nuy Forever Enjoined eroin
Mining In Cootaw Itiver.
C HAIMUL STO N, 8. C., Sept. I8.-Thie
following order in the Coosaw litiga.
tion was filed in the United States court
to-day by .Judge Simonton:
"That the grant or privilege of dig
ging, inining and removing phosphate
rocks and phosphatic deposits from the
navigable strea.ms of the State of South
Carolina, given to the defendant under
t fie act of assembly of 1870, mentioned
in the pleadings. for the period of
twenty-one years from the passage of
the s id act, at a royalty of 81 per ton,
became, and was, under the provisions
of the act of 1876, an exclusive grant
of privilege of digging, mining and re
mw)ving such deposits from the bed of
the Coosaw ltiver, at the royalty afore
said, upon the condition,; and within
the liinis inetitioned in said last named
aet, f'or the remainder of said period of
twenty-one years, and no longer. hat
said gratit or privilege in said defend
ants has now ceased an-i determined.
"That the defendants, the Coosaw
.M ining Coipany,and all persons claini
ing tuinder them, and the servatits, agents
and einployes of them, be, and each of
them are, forever restranined and en
jined f rom, in any way, claimning, or
attempting to claim, any right. title,
interest., esta e or grant under or by
virtue of said act or acts in or to the
phosplhte rock of phosphatic deposits
in the beds of Coosaw Itiver, in the
State of Sotith Carolina, and from dig
ging, mining or removtig. or attempt
ing to (Jig. iimie or remove the saine, or
it v part thereof.
"I'Tiat nothing in this decree contain
ud shall be construed to enjoin the said
dt-felidait.4, tke Coosaw Mining CoM
pany, 1rotn hereafter miningin the bed
ot s lid Coosaw River, when therounto
duly authorized uider any law of the
State of South Carolina.
"Tiat U. I. Brooks, the receiver, here
tofore appointed under the order of the
State court, be discharged from his re
ceivership, and that the plaintills pay
lin the sum of $125, hereby adjudged
to be a reasonable compensation to him
as such receiver.
"That the defendants pay the costs of
the narshal and clerk, and, with this
exception, each party pay t.heir own
costs."
Costittlon of the Cro)*.
VeAMeN(;'lON, Sept. W9.-The weekly
weather crop bulletin, issued this even
iIg, says:
,South Carolina-The high tempera
ture and excessive sunshine scaldeu
and rusted cotton, and caused inmnaturt
hulls to open. The damage is believel
to be more than forterly reported.
A labana-The rains of lasI woel
g reat ly benelited all crops. There is n4
iilaterial change in the condition 0
cot oi si nce List reported.
Mississippl-Growing crops are sul
ftriig fr:ii the dry, hot weather. Cot
ton harvt-sling is in progress. Th
tu ple is good, but the sinshine is opern
Sing jinmature bolls. Ratin could no
materially benefit cotton.
Louisianna--'Tho weather was gener
ally fw vorable, and there is a slight im
provetnent in prospects, though aE
especially eane, need rain. ExcellenI
hiarvist weather prevails. Cotton if
openiiig rapidly, lind picking is wel
under way.
Texas- -'he( weather was favorabl
for cotton picking, which has pro
gressed rapidly, the staple is unusually
ong and clean. Showers have m
prov(d late cottoln, and the top crop tir
'eitral and Eastern Texas. The pros
rects continue fair ovi North 'Rexas.
. Ten nessee - -Late crops are' suffering~
I roin drougt,t, aind pilowinig has beei
~isupended. I lay nnaking~ and foddei
inive progressed tiniely. Cotton p)ickinR
is under way. T1hie crop~ is short
WarinithI and sunshine are retilsired tt
miut lire late corni.
"latin't, K(now it was I.,uated."
I I I45ANTi'., Conni.. ft 18.---A Ia
tal auccmtenit occurred hiere yesterday at
t,he puract ice shoot of Company (G, ol
l'sitnamj, andi Company is, of Wilirnan.
tic. Third Ilugi snent S. N. 4 . ,J(hli
l'.-tersoni, or Coinipany (1, picked up ii
rifle arnd poin'ed iat dtifferent mnenberi
of 1)4) hi cunipaniss. I le was told to put
it. do win, butt ret used, saying it was not
louatl. II e pos ittd it at ILichmard Biab-.
binlgt.on, aged tweit,y-five, private iri
hSis coinplaliy, andi( pulled the (rigger,
A re*iltrt, 1411 ollowe antii t,hu next inistant
liuig (on an filWNIllisin Malone 01
Com111patny 10 tell Lto the gr'ouInd.i lt ab
bingtons was insanthy killed, while Ma
lone was titallty wounded(. The b)ullet,
a '18 cal i brt, hatd passed L,brough liab
huingtuin's heart and ouitat his back, and
strutck M aloise, w ho( stoodI tenI paces igj
ths rs ar of hims. Malone was also shot
thlrouigh arid through, the busllet beinig
lisu rd in ai; bot rd I dice thirty paces tt
t lie rear. 14'tersoni was ifimediiatel)
.irreste<t. lie chaimis that,l lie did not
know thle gun was loadedl.
I lwty 1)it in's L,ck Li,~ssecsb.
I I Ab II I TN, \'a., Ss'pt. 18.--- 1mmledhi
at ely aller thle adjoufin ent of thu
II at us-Il annt gain inditgniat ion meeting
her,- t,gst igmt, 'iot her meets~ing wva:
field. It was c-all-d I-y the jury wvh<
huad lbeeni so severely denouinced. 'The3
slechaied I hat i'ronevn,t aug Atto''nej
I ,ipscomb was the instigator of thu
meecstinig, alad should be punished ; si
traey al art d ast once for Old Point t<
give' hi in a sounid t hrashin g. Lipscoml
was toundi at ttt th flia 11 ouse, but hi
had p)replared a warns reception fo
' he"s. .1list as the men wahke d in thi
cur:idlor Mrs. Li1pseonh called fo)r alm
sobu.onied a gunu, sayinsg she was a bette
shot. thlans her hiusbland. lier actio1
was loudly ilppla'i(ted, and she f'orceu
the crow d of juIrors to retire to th
strest. More trouble is expected.
lincen5tiary Mtiller.
CHIAno Set.22.--Emaisncipatio
daiy w as elbrte today by thet colore
ieolel with a mass meeting and pieni
at Osgood grove. Thomas E. Miller, c
licautort county, South Carolina, wve
the orator or t,he day. iIe eulogize
A braha mn Lincoln, and speaking of th
Sou h1 said: "lhe new South is a fac
'hlie child, is however, 111-for med. It
blou-1 is tainted; it is af,trong, bult lacke
endurance. It is as much your duty th
day to assist the nation in traantiig an
(developing this partly spoiled youth
as8 it wals your (duty late in the ilitLies t
educate through youir patrons saint, th
cation upj to the painit of the emanci
pation of tile slave and the preservi
tior, of .the Union. Omit it, and th'
work will have to be (lone over agal
in t,he same way as It was (hnlashed a
A pnrimarome"
STIANGEAt TIIAN FICTION.
PATHETIC CASE OF AN ILLINOIS
UNION SOLDIER.
teport,d Killed in isame. n(i Mourned
as Dead for Twenty-talue Yearti. lie Now
Turns Up and Claimt a Puniont.
WASIHINUTON, Sept. 20.--0.1e ol the
most remarkable and patheice cases that
has ever been brought to the Bureau of
Pensions, is that of William Newby, a
private o' Company D. Fourth legt
ment, Illinois Volmteers. Tais re
ment was commanded hv the heroic GA.
Stephen G. flicks, of Illinois, ail wai
cotispicis for Its gallantry at ti
battle of' Shiloh. Newby was in t'us
battle, on the Gth of April, 1862, and
was reported killed in action. Itseomi,
however, that instead of bein., killed.
lie receivol a severe woun-Iol on t!
head and wias captured aid sEnt tI th
rear by the Confederate forces. was i:ii
prisoned at Belle Isle and was aitd r wr,l I
transierred to Audrsonville. I.t :ieem i
that Newby was releaied inl c )mti. o,
time and was In i>orliouses hi vari u<
parts ol the South.
Ile was finally t.1kel t,o K ty W
Fla., by a L'eitlemianhr Will) >.miz -.
Newby as a kiisman. llere he remamed
until some Ltime in 186J, when his uncle
died. Newby wandered from place to
p ace, and finally turned up at, Shreve
stort, La., and while there the colored
people made up i ptre and he was
given passiage on a steaibUioat to Uincilm
nati. (On the way up the river the
steambort lintded atL Shawneetowtn, 111.
Newby, hearing this imme called out,
seemed to recognize something that was
familiar and got oif the boat,. From
here lie wandered to Kankakee, Ill.
where he was in the poorhouse for a
time. Leavi.g this place, lie struck out
Southward, and at last, tlached Mem.us
borough, Ia llamiltou Couniv, Ill., and
was sent to the poorhouse.
During these years he was in a de
mented state, bordering upoI insanity,
as the supposed result ol' the wound in
the head. In wandering about lie linally
went over into White count,y, and when
lie got near lia old hiome was Been and
recognized by two o lit comrades who
had served in the regiment with hii.
Ilis wife was sent for, and she identilied
him, as (idl his relatives and many ot
his friends and coirades.
Alter Newby was reported as killed in
action, his wife applied for I pension,
f and It was granted, and she has beeln
drawing a widow's pension froi the
- date of his reported death to the pres
- ent time. This soldier has liled a cluim
0 lor a pension, and it is now receivin, -,
- the considerat:on of the ollice, the claim
of the widow being suspended in the
meantime. No discharge has ever been
granted to the soldier, and the considera
tion of the pension claim is bein. post
ponled until such t,ime as the Secretairy
of War shall grant the mani a discharge.
This soldier has 1een separated from
his family for a period of twent,y-niie
years, they blieving all the while tat
lie was dead, and now lie turns up a for
lorn. demented old man.
His case has attracted great attent,ion
in the southern part ol illinois, and has
excited the universal sympat,by of all
who have become acqluaintedl wit,h it,.
IIe recently attended a large reunioni 01
old1 ve..erans of his count,y, where the
subject, was universally discussed. Th'e
pension will no doubt, soon lbe graintedi,
and lie will receive a suthicient, stmi to
smiooth his way t,o the cnd ol' his lif'e.
A D)iabolicai i)eed.
PRiOSER~itY, S. C., Sept. 17 -Ti
morming a negro named Sam Young,
belonging to the construction train on
the C. & G. Rtailroad, was found on the
railroad track about one mile and1( a halt
from here, wIth hits head badly beaten.
T1he deed was evidently the result of a
gamblIng spree and wvas 'oiiamitted
with m)urdlerous intent. Young was
partially conIscious, brit coulu or would
only tell that lie was si rick b)y a yello,v
netgro. lie was robbed or liat, shoes
andl whatever was' in his leftt pockeit
it being cut ope)0n. lIn the other p)ocket
was found $3 in silver and a set of dice,
one being a false one, having foutr Iives'
on it. The inscrutment with whlich he
was struck was a new pick handle. lIe[
was struck three different times, anid
then he was plaed( on the railroad at a
p)oinit ini which there was a sharp curve,
where hue could not have been seen by
the engIneer of a train approachIng
from either direction ini time to stop
before crushing his~ headi. L'he negro)
was cared for by D)rs. Langford and
sent home. The doctors do niot thinik
that lie will die.
Furt,her Out breaks in Ultina.
SAN FltANUI.sUO, Sept. 23.-- Flhe
steaua,er Empress of China, has arrived
at Vancouver, 11.C., with the news that
.J. A. Leonard, United St aes consul geii
eral at Shanghai, telegraphued Admiral
lielknuap on Septeiiber .3 as follows: "A
Shanghai mnorning paper hasw a telegrami
received last night, of a riot at Tehang
at noon on September 2. TIhe mission
and all the property of foreigners was
urned. No hives lost. Admiral Helknaup
immlrediately sen[t the Alliance andl the
PalIos to Tehang. Another riot occur
rred1 at TIehiang on Septemnber 3. AIH
the foreign property at the pornt wats
burned, but no lives were host. T1he
Sforeign residents wvere under arms ait
the latest acecants.
A Peculiiarly Sad Funeral.
CIIIcAoo, Sept. 21.-Two thoiusa itd
Personis crowedl into the great St.
6 Michael's Catholic Church this after
fnoon to bear the solenmn burial service
a over the remains of GIottleib Shaulk, his
~i wife auid four children, who were su ITo
e cated in their hjome 0on Sed wick street
t- Friday night. The assembly was indi
a cative of the deep bereavemenit which
5 the whole community feels, and there
-' were few dry eyes wvhile the ceremony
was being celeb rated.
Roiled Over a P'reipice.
3 BERuNE, Sept. 18.-The Engadaine
-ma'l coach overturned in ai mnountain
pass between Lenz and Albaha and
rolled over a precipice to thie bottom of
a deep ravine. TI'wo ladies who were
Spassengers were killed and three others
were injured.