Historical Newspapers of South Carolina

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wiMP^TrKwgT.r. - C,1"-' *' I!'*. Febriru-y J<1. ? Governor Hampton'* Mr^ *|wier of* resignation wus received to-day and h? wfts duly conn missioned as United States senator, * *n<J his certificate of election forwarded to Sent*r UiiHer for presentation. * d? Qoyaruur Simpson qualified as Governor beJustice Willerd, the ceremony being quietly performed in the attorney-general's of*" t dice,' and has issued his proclamation, in which __^^^MgMKrT'V4,'V\aoun^w consequence of a letter of r, resignation revived from Governor Hampton _ !4a*T^?s*je lias "taken the oath of officoas Governor and entered upon tho duties of the office.? Cur. New a and Conner. Governor Hampton's letter is as follow : D.UIA.VH, S. C., February 24, 1870. My IJtar Sir: In tendering, as I now do, my resignation as Governor of South Carolina, it Is proper that I should jive the reasons which Iruvc caused me to postpone doing so until the present time. When the General Assembly did me the honor to elect ino United Stales Senator there were some ollicial acts which, it was supposed, could be properly discharged only by myself. I proposed, therefore, to resume Executive authority for n few days to perform those duties, but my health has nevor permitted tie to do so, and the recent decision of the Supreme Court renders it unnecessary for me to take any action in this matter. I can therefore now resign without any prejudice to the State or any embarrassment to myself, and in doing so I feel thnt 1 commit the Executive authority to one in every way worthy and competent to wield it. It will always be a source of pride and gratification to me to recall my ollicial connection with yourself and with the other officers of State. We have been in perfect accord on all the great public questions which have ngitated the State, and our personal relations have been those of the closest friendship. In servcring tny connection with them officially, I beg to express my great obligations to them, and my earnet wtshva f?r their prosperity and success. To the people of Mouth Carolina, who have done me such undeserved hotror in the past, who have sustained me with such unfattcHug coufidencc, and who havo manifested towards me. durinir mv late illness, an affection never aurpassol, 1 have no words by which adequately to express my gratitude. 1 can only promise to devote whatever of life and ability God may grant tne to their service, only askiug them to remember that I have never solicited otliec at their hands, and if i fail in the new sphere to which they have elevated mo, it will be my misfortune but not my fault. They have placed me there, and it shall be my earnest effort to prove myself worthy of their confidence. '1 hanking them profoundly for their kindness to me and invoking on them the choicest blessings of God, ( am, with great respect, very trul}* yours, W.WlK 11 A Ml'l'ox. Iiis Excellency, Governor Simpson. Disastrous Fiiik at Hamuuku. S. ('., February 25.?A terrible conflagration herolast night, two-thirds of the business portion of the town boing destroyed. The tiro broke out about 12 o'clock in a store occupied by Sublimit! & Kennedy as a bar-room. Its origin is unknown. The losses are, as well as could be estimated, as follows: L. C lticc, store $HOO. K. L>. Stnoak, store $1,000. Salilnian & Kennedy, stock $1,500, insurance $1,0<K). Mrs. Kcnnell, ?toro and stock $000. Henry llartzog, tlirce stores, * $8,000. Ilia* &. Copland, stock $-??.500, insurance $1,0<>0. S. W JonM -$2,5^)0, i iusurauce $1,500. S.J. 11 or I zog, "stock $1,500, insurance $1,000. Dr. L. A. Wright, stock $ 1 ,500 insurauce $1,000. D. Loeb, two stores, $1,500. A. II. lloolon & llro., stock $.1,000, insurance $1,000. D. W. Connelly & Co., slock $500. J. W. Hico, store and stock $4,000 insurance $1,050. llice's Hotel $1,500, insurance $750. II. J. llrabham & Co., store and stock $0,000, insurance $5,000. Railroad depot $2,000 and ahout $1,000 worth of phosphates.? The tire was confined to the south side of the rnilroa<l almost entirely, but the stores of Adams & Miles and J. D. Copelaml, (lie Uamberg Hank, the olliccs of Skinner Si Dibble, tlie .Military Hall and the Autley House all caught tire and were, more or less, damaged, but by hard work were saved. The total loss cannot fall far short of $,->0,(00, with about $la,000 insuriice. The colored people worked hard and did their duty manfully. Lovn Mitchei.1.or OluTimes.?Some months i ago Mrs. Sallie Lamar, of Augusta, the widow of Colonel Thomas U. Lamar, lent u9 her scrap book of the war ; and in it .among other pleasing rcminisceuces, we find the following. All our cldorly and middle-aged people remember Loyd : During the heaviest of the firing from Fort Sumter, as Colonel Lamar was looking hastily around upon some of the batteries, he approached a soldier stationed by a gun not pointed towards the fort but located for other purposes.? Knowing the man, who was originally IV >m Edgefield, he said to him, "Hello there, Loyd, what in the thunder arc you doing by that gun in the midat of this fire. Jump into your rat hole, man, quick." Hut Loyd remained immovable, and looking askance at the excavation thus recommended to his attention, slowly re plied : "Not now, Colonel; the thing might cave in. and then you see, some day after the battle, they would, may be, dig me up, and then be sure to say, 'Well, here's Loyd Mitchell, ho , run away and buried himself for fear of Anderson ' No, sir /w ,- they put me by tjjj^s hero gun, and 1 mean to stay right by It, live or die. ' Colonel lawnar passed on, and hat since the bat- ! tie requested that Loyd's behavior should not I go unnoticed, at least in Edgefield.?F.-lyurl-l > A tlvtrlirtr. WnisKf.Y Fhai i>s is tiik Wk.ht.?Chicago, ! February "8. ? Deputy Marshal Hoc yesterday J arrested a'. Hekin and I'eoria fifty persons tinder indictment at Springfield for complicity in whiskey frauds, soma of them among the most prominent and wealthiest cfllzens. They represent every branch of business, and startling developments are promised. The entire company ur> ^ c??: c^i.i i. ? v*. ? i icii .^u nucurri'iiLT una j produced so much excitement in that section for years. One of the chief witnesses is said to l?c a disinherited son of John I). .Melntyrc, the heaviest distiller in that section. Ttir State or TitAnr.?The Charlotte. Columbia and Augusta Hailroad Company yesterday sent a special train of twenty cars north for freight which is waiting for them, and this is only a sample of what they have been doing for two or three weeks. They are sending cars both ways all the time, and more merchandise is now being shipped over their line than at any time within the past two years. This looks as if business was iiot so dull after all. ? Col. Ucjittcr, Popvi.au Sonus.?Will L. Thompson's songs have recently become ro popular tlint a music linn mi Itostou has been compelled to order fifteen thousand copies of the following pieces to supply the demand: "Gathering Shells from the Sea Shore." "Drifting with the Tide." ? "The Poor Old Tramp." Kmcli piece is a beautiful Song and Chorus.? Any music denier will mail them to your address on recept of price, 10 cents each. Published by W. L. THOMPSON k CO., I'.ast Liverpool, Ohio. ?. Tu r Pi. a or k tx Avstma.?Lcrnbcrg. February 2fi.?The official llnzrttr announces the prevalence of the epidemic of spot ten typhus in Kuj-i ern Galicia. MW?^ i ?hc ?t?hl)i (Union ?imrr>. ft* M. ST0KE8, Editor. " UN ION, FRIDAY, M A RCil 7, 1879. . \ TE&M8OF SUBSCRIPTION. - ? 1 r'"rT. one yuar, IN ADVA.Nl K. Ill'1 mPlWiiBW t ('uj.ii-n one your, $y**4 10 ? " * ^ ADVERTISING. One square or one inch, first insertion, - - - $1.00 1'i.icli subsequent insertion, ------- "> _ Liberal discount made to merchants and others advertising lor six months or by the year. Obitnury N< licen of ten linen or len, inserted free. over ecu lines, cliargoi as Advertisements. Tiio r resident lias issued a proclamation for uu extra session of Congress. v? B?9u The Court proceedings have encroached so largely upon our space that we have omitted a number of noticos and Homo news items. Commissioners Meeting Postponed. We arc re quested to state that the regular meeting of the Hoard of County Commissioners, for the second Tuesday in March, has been unavoidably postponed to tho second Tuesday in April. Visiting members. The following gentlemen of the bar of other counties arc in attendance at tho present term of our Court: Col. J. If. Ition, of Winnsboro ; Thos. S. Moorman, of Newberry; Gen. A. C. (. aldington of Greenville. Gon. A. C. (>ar!ingten. We were pleased to welcome to our santum last Wednesday our old friend Gen. A. C. Garlington, one of the ablest as well as truest men in South Carolina. The General is now located at the City of Greenville, and we feel confident his abilities and high-toned character will win for him a lucrative practice in bis profession. A Runaway. As Mrs. J. M. Carter was riding ou horseback past the School House below Mr. (J. 11. llogau'u residence, last Monday afternoon, the Railroad oars came along and frightened the horse so that it ran away. He ran about a mile, and Mrs. Carter stuck to liim like a hero. No bones were broken, but she was badly frightened and bruised. . - $150 Reward. Governor Simpson offers "a reward of J?1"0 | for the apprehension and delivery in any Jail in this State" of John L. M. It by, who was indieted by the Grand Jury of Laurens County at the recent term of Court for the murder of W. C. Kilgure. As soon as McNinch was found guilty of the same offence Irhy, after securing his bondsmen, left for parts unknown?hence the reward offered. All Right Now. Our esteemed Correspondent who two weeks confounded usvr"h his latin quotations called "upon us iu pcniotC>lu3f ^I'^idiyf.A.had a good laugh at (he ridiculous tigurc wo made hiui cut in spelling his latin, renewed his subscription, promised to give us a good lambasting for it in a future number of the Times and left us. fully satisfied that low Dutch and "Dog Latin ' were all alike to us. The fighting Editor was not called in an I the matter was adjusted without bloodshed. Prof. Gonzalez. This eminent Musician is now in town and we should very much like to have him give our citizens one or two of his delightful musfcai treats. The very flattering newspaper and private mention of the Professor, as a gentleman and of his musical talent, which we have heard, should be a passport for hint to our titizcris. Should he be encouraged to do so, we have no dottbj ho w ould gtsc u musical vmciiaiumeui. The Professor proposes to (line Pianos nml Organs, ami our citizens should embrace the opportunity of employing him to put their Pianos and Organs in order, ileing a Manufacturer of those Instruments, he is fully prepared to attend to Tuning, Regulating and Repairing, as ' he is always provided with all the essential v parts of mechanism connected with the above 1 Instruments. 1 It is seldom that such a competent workman can be found in small communities like ours ' and when one does cotnc among us we should j secure his services. * ? ? Sznatok lb n.kit Tit t um I'll a\t.?Tho Senate I or. the 21th, I y a vote of yeas *> to !{ '? nays, refused to take up the resolution declaring David T. Coi bin entitled to a sent as senator from .South Carolina, in place of lieu. M. tj. Hutlcr, the present incumbent. M"*-rs. Cameron of Pennsylvania. Cotwver. Matthews ami Patterson, (hade and Davis, of Illinois, voted with the Democrats in the negative. This decides the I V<?'V II* ^ liltUTi When the S?>note refused to lake up the Hut- ! ler-Corbin case thereby deciding in f.iv?ir of j Senator Hut lor ami .settling hisjtitle to his seat, Senator* congratulated him warmly. lien. HutIcr has never doubted for a moment that the final result would he in his favor. ? - ? ? ??Hank P.onnr.nn in Jacksonvii.i.c ?Jacksonville, February *J'?.?The Huval Savings Hmk was robbed to-day about o'clock of >:!,.*?Ut).? A man drove up to the front of the bank, culled 1 out President Abbott, the only person in the | bank, and engaged him a few moments in con- | versation. A confederate meantime entered by , a side door and took the money from a drawer, j Chief of Police, Kawson, arrested a man on suapicion, and found ?800 on his person. lie has ' confessed, and two other arrests have been made, j ?? A Strict Hkiirf.w Will.?New York, February 2t>.?The will of Mrs. Frnily Orace Nathan, w idow of ISeujamiu Nathan w hose murder caused such a sensation, was filed for probate in the Surrogate's Court to-day. After leaving money to various 11 el rew charities, she decrees an equal division of her estate among her children. : The will contains a provision that should any ! of her children marry outside of the llobrew ] faith their share of the estate is to bo forfeited, j Srvrr.ner.1) t<> nr. IIi nc. ? At the spring term of tlm Sessions Court for 1.aureus County, com- I meneing last Thursday, after a trial lasting three ' days, Alfred McNinch was convicted of murder and sentence of death pronounced by Judge Aldricli. * * * Qt t.v.n Twins.?A negro woman living on the ' plantation of Mr. Joseph Smyer, of this county, j gave birth to two children one day last week, one hi.ml; and the othct while. 'Vo.tfcr l>'*port?f Promptly at (be M^Uoted hour last Monday, t!jo Maroh term o$4Spf? wa? called by th<? Clerk,and tbc Juritotrnre empanelled the aide and dignified Jufaf.i Aldricli presiding, and our?T(?jria^Mp*^^aKftulented Solicitor, 11^W> prepared fortbe Tho unusual uuinber of important cases upon the sessions docket makes this term one of the most important and exciting ever held in this County, and has dtawu to the Court House a larger number of persons than has attended any Court held here since before tho war. The Jlld?re delivero,! n. vi>rv nriielioul ?<*nlioit and cmiuently sound charge to the Grand Jury, deeply impressing upon the minds of (hat body as well as of all who heard him, the gravity aud importance of (he position they occupied us the Grau? Inquisitors into all matters which pertaiiAo (he peace, social, moral and material welfare of the County. The following llills were sent to the Grand Jury and have beeu returned by that body to the Court : The State vs. David Johnson, Jr., Murder.? True Did. " " " Anderson K. Harris?Murder. True Dill. " " " David Wade?Arson?True Bill. " " James Turner?Murder?True Bill. " " ** Victoria Malonc, Murder?True Bill. " " ?? Warren Simpson?Arson?True Bill. " " " Charncr Gist, Assault with intent to kill. True Bill. " " " William Vinson?Assault with intent to kill. True Dill, " " " Jack Sartor and Washington Jeter?Corn Stealing. True Bill. " " " Morgan Dawkins?Malicious Mischief. No Dill. " " " Jack Sartor, Washington Jeter. Jack Clark?Arson. True Bill. " " " Ephroim (Iobson, James Comer, Killing Sheep. True Bill. " " " Lewis McJunkin Malicious Mischief. True Dill. " " " George Hughes?Murder. True Bill. Nolle Prosequi was entered as to each of the following cases : James Moss?Malicious Trespass. Jos. M. Turner?Deceiving stolen crouds. knowing them to be stolen. In this case a venlict of guilty was rendered at the June Term, 1878. The verdict was set aside and a new trial granted, but Nolle I'rosieil at this court. James Sanders. Bastardy, Sambo Beaty. Assault and Battery, with intent t? kill. Warren S. Sloan. Gambling. Itohin Gregory. Attempt to commit Rape. 06 lu i ft rj u ry. T. A .^T ins ley. Malfeasance in Office, llonson Goudelock. Carnal abuse to a fcinalc child. Joseph Lawson. Assault with intent to kill. James M. Carter. Malicious Mischief. Marcus, Charles and Kelly Tanner. Stealing Corn and Peanuts from the field. William and Thomas II. Gore, Poisoning animals. The State ") For Murder vs. v of David Johnson Jr. j W. M. l'almcr. lion. II. Munro, Win. Munro and Col. J. II. Ition for Defendant. B. W. Ball. Solicitor, for the State. run/men.?Lewis Meng, A. (1. McCullough, Sam ucl Mabry, James Thomas, .J. M. Aughtry, W. A Jamison, T. J. Fowler, Washington Campbell, W. B. llailey, Jno. S. Kirk, W. D. McPiicrson, J. Blake Stcedinan. Arraigned Ala .Ware/,, 1870. P. E. Fast, sworn. Was in the Store ot Ipoars & Colton, on the 7tii of Oct.. 187*. vhen prisoner came in and passed near where leccascd was standing. Prisoner said to l'alner, "you have insulted uic." Palmer replied, I have not, and gave him the d?d lie. Pris ?ncr then shot deceased twice. We look I lie pistol away from prisoner. Deceased said nothing after ihc shooting. This was between and 10 o'clock on Monday morning. Deceased lived until the Saturday night following. The parties were pretty close together when the shooting occurred,. Saw no arms on the deceased, but he had a stick ; he was a lame man, and ha I been walking with a stick for nearly a year. John A. Fast.?-Was present in Spears & Colton's store at ttic time of the ditliculty. Deceased was in the store trading. Prisoner came in and attacked him about insulting him a ft w .lays before. Deceased gave prisoner the d?d lie. Prisoner then shot him twice. They were standing near the Counter, a few feet apart.? The shot.4 were very Deceased was near the middle of the floor when the second shot was fired. Ifc was then pulled l.y ('apt. It. C. Johnson down behind the counter. The pistol was taken from the prisoner who then weni out. uecensed Iin<l a stick in his hand.? lie held the stick in an elevated position. I stood licliiti'l tlie right limi'lt'oimlcr, upon wliich was a cabinet of thread, which obstructed my view when tho dillicully first began, hut di I not afterward. The deceased elevated his stick just before the first shot was tired. J. E. C'oi.tox, sworn. Was in the office at the back part of the store, about 00 feet from where the difficulty occurred. Heard a pistol shot, and ran towards the firing and heard another shot. 1*. K. I*'ant had his arms around prisoner, who had a pistol in his hand. 1 took the pistol from him. Prisoner paid, "you insulted me last Friday, and I want to know if you arc going to do it again," The pistol was a Smith & Wesson improved patent. 1 returned the pistol fo prisoner. I?r. II. S. Hr.aty.?Am a practicing Physician. Attended the deceased. Saw him a few moments after lie was shot-- not more than lo or 1-j minutes after. The ball had entered ihc right groin, about J? inches to tlmlef' of the hip bon? and I inch below. It penetrated the ah i |'? .igr i . - L I. mi . 11^ .. ijoraen anil laocrntod the inlcslincs. U was a a mortal wojipd. lie died ou the lllth of October, from the effects of the wound. Cait. H. f* lartwaij i Am a Salesman in Spears & Callfeq'a Store. Was present when the difficulty tK^urrcd.?'Prisoner cntno in nnd told l'aluer htjfclL >Q*frWjfcJb\nL 1" the Friday bofore/ not. Prisoner said helled, and rtCTmcr called him a d-r-a liar^^tl'aisoner said don't curse inc. l'aluier ngain cursed hint, when prisoner shot him. Prisoner took the pistol from his pocket and shot, as I was passing deceased. 1 put deceased muter the counter. Deceased had a stick in his hand when lie stood by the counter, with his right hand raised. Ho shifted his stick, from his left to his right hand. Prisoner said he did not come for a fuss. Deceased said, il ?11 vou. VOU can ECt one, sir. I was from G to 10 feot from the parties when the first shot was tired, with tlie counter between us. Deceased had advanced on prisoner before prisoner fired. He shifted his stick from his left to his right hand as he went up to prisoner. Deceased was not trading with ine when prisoner came in. There is a space of b ft between counters. Am not related to prisoner, lie was very quiet and cool when he first spoke to deceased?nothing threatening. Deceased very much excited. Dr. Bkaty, rcctiled. Exmninod a second wound on thu other hip. It mqa flesh wound ?painful but not dangerous?a gun shot wound. Wound on left hip about an inch lower than the one on the right. II. L. Goss. Heard two pistol shots in rapid succession, and ran in to Spears & Uolton's store, and found prisoner and Colton struggling for a pistol ; took it away, and carried prisoner out. T. J. Gkf.rr. Saw prisoner five minutes before Palmer was shot. .Met him at Foster's store, lie seemed excited and asked ine if I had seen Palmer. He said, he insulted me last Friday and I want to sec if he will do it again. I soon after heard two shots?searched deceased ?he ha<l uo arms, no knife, no nothing. Prisoner called me across the street, as 1 caiuo out, and said, Greer don't say anything about what I said to you this morning. W. L. Pai.mkr. Am father of deceased. He was lamed in the hip by being thrown from a wagon. He walked with a stick. Had been oil' his crutches about a mouth before lie wai shot. Himself and family were living with mc. lie was 27 years old. The Stale Uestcd heic. David Joii.vson, Jr., Defendant, Sworn. On Friday, the Ph of October last was on tho strce1 of Union and met deceased at Young's corner. I shook hands with him. lie asked mo how 1 was. He then asked me why I tried to take out a warrant for him for stealing a watch. [Here the witness told the abusive language Palmer used to him.] I called to the town Marshall to take charge of him. I know the character ol the deceased. 1 also heard that he hud threat ened my life. Betweerf KriJay and Monday 1 was induced to try and clear his mind of any prejudice against inc. I went into t!ic store lbr purpose ot' making peace. When 1 met iiim in the store I said, rainier, you insultc I mc in the street the other day without cause. Me had a ! stick iu his left ha id. Mc said you arc a d ? U liar, ami changed his stick to his right hand, advanced toward mc,'motioning with his left hand. 1 thought lie intended to strike monad I turned and tired diagonally across the tl >or, twice in rapid succession, ('.apt. Johnson then threw It is arm across deceased, and I did not lire any moro. At the moment of secoti 1 tiro deceased was standing with his stick raised. 1 expt"tcd him to shout ? thought he had a pistol.? I ;ould have fue l a third time after <'apt. John| son had hold of liiin. lie was in easy shooting distance all the tiipo. I thought I had h't him, but did not know it. I knew liui to be a bravo man, of violent temper. The general impression was, that he went armed with a pistol. 1 thought he ha I one at the time of the difficulty, Mc was an athletic, strong man, active and dangerous. 1 saw no sign of his being iu liipior on Monday. My manner was studiedly ijuiet and polite ?I meant it to be so. 1 wished to niaki peace. I had no anger or malice against him? I wanted his vote and to get all anger and mis chief out of his mind. When 1 spoke to tlrecr, I had not my tri.V in view?it was just after the shooting and be fore tll<> . 1 ? t 1 .?!" 1 1 sions showed tlmt lie meant danger. 1 said t< (Jreer, "Hill rainier curse I me on the street lasi Friday, when lie was drinking, and I did no want to lose time until the tiling was settled.' The threats 1 heard induced me to think he liai deadly malice and wanted tw kill me. lie wa1 a man of the most extreme violent character 1 ever heard of in my life. I made no effort ti get out of the way of his slick?did not giv< back. I put on tny pistol on Friday evening af ter he cursed me. I am IJ'J years old am weigh IiJoIIm. II. J. Tnojii s.iv.? Know dceensed. llischar acter for violence was pretty had. Friday he I fore the difficulty in Spears it Coltoii's store j deceased said he would kill Johnson on sight, i he had to waylay his road. Told Johnson o this threat on Satnr 1 ly before the difficulty.? i Heard the deceased make the threat in tny bar ' room 11 <? wn a ni?i it*** ? ? 0 ti u'rtu ..i... I wis friendly with the deceased, and might; well acquainted with liini. T. I*. II amii.ton.?Ain brother-in-law to prif oner. Was with him on day of the difficulty went to the store with him. The deceased wa standing by tlie counter when prisoner said t( hint "you insulted ine on Friday without cause l>eccased said, "it is a d ?dlie." l'risoner sni he did not come for a fuss, don't curse me. I>e ceased said, "if you want a fuss you can liavt it, and that d ?d quick. l'risoner was very mil 1 and polite ? I know he was not angry, nor was he so before he en tcred the store. I'cccascd had a stick in hi left hand, but changed it to the right, lie kop working the stick up as he talked, and iimvei forward towards prisoner, lie stepped out Iron the t'oiiiiter a he raised his stick. I't i' ' tier nn I tnyse'f inarric I sMcrr. The d< .WII I II m t nil I fill ? "fc^asetj culled prisoner a d?d Mar nod d?d s-Vu of it- b? It. Prisoner nskcd-ui? to go to "8lWe. lie said lie wanted to see decease*!. I proposed to go to (be livery stable to buy a tnuie. We came up to tjtc Post Office and parted. I went * into the Court house uud priaouer to lps office. As I was coming dowu \tc lyct and walked dowit to JSpcars <k Cvlton's stone. I did not know the dtcohscd was M the Store.' 1 did oat know that, prisoner was armed and Jul not suspect t. c. cuockkh. Saw deceased on Saturday.. lie asked me if i had a pistol, Prisoner passed at that time. Deceased said prisoner had acted the d?d rascal and lie would have revenge.?. lie said ho would try liini with his stick. s. b\ stokes. Knew deceased.. Saw him Friday night before the difficulty. Ho pulled out a pistol and said that hit was going to dot harm and play the devil in a few days. Flktciikk Tin.si.ky. Saw deceased before the difficulty on Friday. He had a pistol in I hoback pocket of his pantaloons. l>o not rcuicut^ her seeing deceased without a weapon. k. f. bkious. Knew deceased. Saw liin\ . Sunday, the day before he was shot,. He said he would burst prisoner's head open witli his. slick lhe next tiuie he saw him. b. M. Kick. Deceased was a very dangerous, character, lie always had arms. He had the character of drawing deadly weapons frequcntr ly. Did not think hiin a courageous man. Hour. Hay. Considered the-deceased a very dangerous man. Cm as. Holt. Thought the deceased a very dangerous man. Any man he had a fuss with would be iu danger of his life, lie always went armed. Dr, J. N. Moore. Considered deceased a very dangerous man. lie was quarrelsome, usually carried arms and would use them. James Orast. Deceased was rather rough when drinking, and very quarrelsome. 1 considered him dangerous when drunk, but a pleasant man when sober. U. W. Tinslky. Deceased was lame but moved about very well. His lameness, I don't think would interfere with him in a fight. Always carried weapons and would use them. 11. 11. Wallace. The prisoner is as peaceable a man as 1 ever knew. I have known him intimately all my life. 1 knew his purpose before I the difficulty, lie advised with mc before ho I went to the deceased. J.T.Hii.l. The prisoner's reputation is(liat of a pcoceahlc, quiet and good man. The testimony was closed late Tuesday afternoon, hut out of respect for the venerable and able Attorney for the Defendant, Hon. Judgo Monro, who was to mukc the opening argument, but was too unwell to proceed then, the Court adjourned to 10 o'clock Wednesday morning. Wc regret that in consequence of the length of the report of the trial nn l the laic hour of its close before we could put it in * the bends of the printers, we arc not nblo to giro ' our miners even a synopsis ot the very able arguments inaJc to the jury by each one of the Attogneys engaged in it. We can only say that the defence was Cftn dueled with consummato skill and ability, fully sustaining the high reputation heretofore so meritoriously enjoyed by the venerable Judge Munro, J. 11. Ition and Win. Munro. On the part of the State, Solicitor Ball made the best effort, from the commencement of the trial to the close of his alle argument, he ever i made in his life. While he fully realized the fact that the State did not seek victims at his official hands, he did not fail to recognize that ! as one of her sworn officers the Jrh.atc demanded of him to do his duty in vindicating the majesty of her laws. The able and impartial charge of Judge Aldrich, which wc publish, needs no word from us. Its peaks its own commenda lion. Jt'lxiK Ai.nnicn's Ciiawgi:. Murder is the unlawful killing of a reasonable being, under the jMtection of the law, with malice aforethought. Von will perceive that tho i very essence of this crime is malice, for without malice there can tic no murder. This malice is either express or implied. Express malice is where there is a previous quarrel, or threats, 1 lying in wait, the charactorof the weapon used, i &c. Implied malice is where tbcrn is dclibcra, lion, or where one kills another suddenly without provocation the law implies malice, and it is incumbent on the prisoner to show that no ' malice was in his heart when he struck the fatal blow or fired the pistol shot. The old rule, I in cases of homicide, was, that the prisoner inns', retreat to the wall before he is justified or excused in using a deadly weapon, and that is tlie technical rule now, hut in all iiiv experience > at the bar or on the bench 1 have never known t a Judge to charge or a jury to require such a I foi foilui c of manhood or exposure of life ; for 1 I in this age of the pistol, when the largo majority of men go armed, is a man to wait and rc1 , treat until the ball goes crushing through the , ' brain or the stick fells liiin to the earth ? The I iiiMliiu'l ui' nftiiii'fl ""iin.olu ? 4 *n '* v. ....tuiv vuMi|<uio a mail (U HSU HI I IIIU 1 menus in liis power to preserve that gift of (jod > ?I lie breath of life. > I lie law now makes it your exclusive <luly (o pass on tlie evidence. I am not permitted to give you my own conclusions of fact, but I may be allowed to call to your notice such facts as will enable you to arrive at a correct and tuor* ciful conclusion. 1. The prisoner, you will recollect, was a candidate for otlicc ; it was bis interest tp-con> | filiate every voter in tlio District. The deceased f I was a member of a large and influential family, j. j 'J. Friday before tlie homicide the prisoner ' met the deceased on the public street. The ~ 1 prisoner greeted liiin politely and in a fricnlly ' tone, asked after bis lameness. The deceased i, j referred to some charge made against hint about a Willcli. I'rlsoncr ho hud been niisinv formed. I hut he hud made n<t such charge ; whereupon the deceased curbed and abused him i- j in the ino?t offensive terms. . Tlio next day tlie prisoner consulted with his friends. lie had been in fanned of thrcnts made by deceased, ami their advice to him waa 1 to conciliate this violent ntid dangerous man, so ?> us not to array against him, in his election, thio . 1 influential family* With this purpose in his mind lie sought htm early Monday, before ho > had time to become inflamed with liquor, in a 5 store in this town, lie approached hito peacefolly and politely, saving, "I'aliner, you instil* , ted me without a cause on Friday." I wanted to make peace. lie cursed toe. I said, don't curse me; I did not come here to nuiko a fuss. s Deceased said, "you can get one d?d quick," t i and.changed his slick from his left hand to his I right hand, raising it in a threatening nltitudo ! nm"within striking distance. The prisoner says, j "believing he w>ntl I kill tee or inflict vntno 'serious bodily injury. I lirid twice in quick ?. 1 iiecc ion '