Historical Newspapers of South Carolina

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WT ^ -W? WdKe, PP^T;. r-j 00Y' HAMPTOH'8 MKEWELL. HHP* ajB|B>LDMBiAl February 20.?Governor Hampton's jJ^Sjller of*resignation was received to-tiny and h? . v. Was duly commissioned as United States senator, ( " - nmj his certificate of election forwarded to SentwBuHer for presentation. * d. . qdftTWjr Simpson qualified as Governor beTdrt CTWf 3ustice Willard, the ceremony being quietly performed in tho attorney-geroral's ofr ^ f and has issued bis proclamation, in which rf- -y - ^ey^aounees Consequence of a letter of "5 nrr.'!g?r^ rMtfred from Governor Hampton '**?*ns1nBrifiken the oath of ofiico as Governor and entered upon tho duties of the oilico.?Cur. Wrtcs and Courier. Governor Hampton's letter is as follow : () a it r. a..v i>, S. C., February 24, 1870. My Deur Sir; In tendering, as 1 now do, my resignation as Governor of South Carolina, it is proper that I should give the reasons which lmve caused me to postpone doing so until (hn nrnonni timn Wlinn tlm flnnnral laoAnt. bly did me the honor to elect roe United States Senator there were some official nets which, it was supposed, could be properly discharged ouly by myself. I proposed, therefore, to resume Executive authority for a few days to perform those duties, but my health has nevor permitted roe 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 that 1 commit the Executive authority to one in every way worthy aud competent to wield it. It will always be a source of pride and gratification to ntc to recall my official connection with yourself and with the other otliccra of State. We have been in perfect accord on all the great public questions which have agitated the State, and our personal relations have been those of the closest friendship. In eervoring my connection with them officially, I beg to express my great obligations to them, and my earnest wishes fer their prosperity and success. To the people of South Carolina, who have done mc such undeserved honor ia the past, who have sustained me with sucli unfaltering confidence, and who have manifested towards mc, during my late illness, an affection never surpassed, 1 have 110 words by which adequately to express my gratitude. 1 can only promise to devote whatever of life and ability God may grant me to their service, only askiug them to remember that L nave never solicited otticc At their hunds, and if 1 fail iu the new sphere to which they hare elevated me, it will be my misfortune but not my fault. They have placed uic there, and it shall be my earnest effort to prove myself worthy of their confidence, thanking them profoundly for their kindness to me and invoking on them the choicest blessings of God, { aui, with great respect, very truly yours, Waoe Hampton. His Excellency, Governor Simpson. Disastrous Fire at Bamduro, S. C., February 25.?A terrible conOagration here last night, . two-thirds of the business portion of the town being destroyed. The fire broke out about 12 o'clock in a store occupied by Sahlman & Kennedy as a bar-room. Its origin is unknown. The losses are, as well as could be estimated, as follows : L. C llice, store $800. E. D. Sraoak, store $1,000. Sahlman & Kennedy, stock $1,500, insurance $1,000. Mrs. Kennell, ftore i**- ?r and stock $GOO. Henry .Ilartzog, three stores, " "* ftopeland^stock $3,500, insurance $1,000. S. w iusurance $1,500. S. J. Ilorlzoi^Ifock $ 1".r>7VT insurance $1,000. Dr. L. A. Wright, stock $1,500 insurance $1,000. D. Loeb, two stores, $1,500.- A. B. Iloolon & Bro., stock $3,000, insurance $1,000. 1). W. Conncllj' & Co., stock $500. J. W. Kico, store and stock $4,000 insurance $1,050. Rice's Hotel $1,500, insurance $750. II. J. Brabham & Co., storo and stock $G,O00, insurance $5,000. Railroad depot $2,000 and about $1,000 worth of phosphates.? The Are was confined to the south side of the railroad almost entirely, but the stores of Adams & Miles and J. D. Copeland, the Bamberg Bank,, the offices of Skinner & Dibble, the Military Hall and the Autley House all caught fire and were, more or less, damaged, but by hard work were saved. The total loss cannot fall far short of $50,(iOO, with about $15,000 insurnce. The colored people worked hard and did their duty manfully. Loyd Mitciikm.or OloTimes.?Some months ago Mrs. Sallie Lamar, of Augusta, the widow of Colonel Thomas Q. Lamar, lent us her scrap book of the war ; and in it .among other pleasing reminiscences, 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 to wards the Tort but located for other purposes.? Knowing the man, who was originally from Edgefield, he said to him, "Hello there, Loyd, what in the thunder are you doing by that gun in the micUt of this tire. Jump into your rat hole, man, quick." But Loyd remained immovable, and looking askance at the excavation thus recommended to his attention, slowly replied : "Not now, Colonel; the thing might cave in, and then you see, some day after the battle, they would, may he, dig me up, and then be sure to say, 'Well, here's Loyd Mitchell, h# run away aud buried himself fot fear derson ' No, sir'rte; they put me by this'fiorr gun, and I mean to stay right by It, H*eor die." Colonel Lamar passed on, and hStjinrifYne battle requested that Loyd's behavior should not go unnoticed, at least in Edgefield.?Edgrfitld Advertuer. .? Whiskey FrtAtns in the West.?Chicago, February 28.?Deputy Marshal Hoe vesierdav arrested at Rckin and Peoria fifty persons under indictment at Springfield Cor complicity in whiskey frauds, sow* of tbnm among the most prominent and wealtklnt'effizens. They represent every branch of business, and startling developments are premised. The entire company left Springfield to-day. No occurrence has prodnecd so much excitement in thnl section for yearn. One of ths chief witnesses is said to be a disinherited son of John D. Mclntyre, the heaviest distiller in that section. ^ * Tub State or Trai>?.?The Charlotte, Columbia and Augusta Railroad Company yesterday 1 sent a special train of twenty cars north for 1 freight which is waiting for them, and this is only n sample of what tbey have been doing for 1 two er three weeks. Tkey are sending cars both wsys all the time, and more merchandise is now being shipped over their line than at any time 1 within the psst two years. This looks as if bus- ' iness was not SO dull after all f!nl Htnimtrr I Popular Song*.?Will L. Thompson's songs 1 have recently become so popnlar that a music * firm m Boston hss been compelled 10 order fif- ' teen thousand copies of the following pieces to 4 supply the demand: "Gathering Shells from 1 the Sea Shore." "Drifting with the Tide."? "The Poor Old Tramp." Kaoh piece is a beautiful Song and Chorns.? 1 Any mueio dealer will jn*>lthem to your address 1 en reeept of price, 40 cents each. Published 1 by W. L. THOMPSON & CO., Kast Liverpool, Ohio. I The Plaoubij? Acstria.? Lernberg. February 26.?The official Gazette announees the prevalence of the epidemic of spotted typhus in East- | era Galicia. ' - VHI^. / * Ifr* *' v:-' r.' * 3*- V : ,*? . . * -MMr" ?he ISMtg Simon 'flHuk' R.X. STOKES, Editor. J 1BUOK.F1UDAY. MAltCJi.il 1879. . \ TS&H8 OF STJB8C*IPTI0J^,rt*.^*,~ 1 Copy, OUV yiMT, IN ADVANCK^^ One square or one inch, first insertion, - - - $1.00 Much subsequent insertion, ------- Ui Liberal discount nuule to merchants and others advertising for six inontliM or by tho year. Obituary Notices of ten linos or less, inserted free. " " over ten lines, charged as Advertisements. W&r T lie I'resideut has issued a proclamation for au extra session of Congress. BJSJU The Court proceedings have encroached so largely upon our space tli&t wc have omitted a number of notices and some news items. . . Commissioners Heeting Poctponed. We are requested to state tli&t the regular meetiug of the Hoard of County Commissiouers, for the second Tuesday in March, has been unavoidably postpuiied to tho second Tuesday in April. Visiting members. The following gentlemen of tho bar ef other couutics are in attendance at tho present term of our Court: Col. J. II. Rion, of Winnsboro ; Thos. S. Moorman, of Newberry; Gen. A. C. Garlingtou of Greenville. Gen. A. C. Garlingtsn. Wo were pleased to welcome to our santum last Wednesday our old friend Gen. A. C. Gorlington, one of the ablest as well as truest men In South Carolina. The General is now located ul iiic v 11 v oi urccnvnio, niul we fool confident his abilities and high-toned character will win for him a K erative practice in his profession. A Runaway. As Mrs. J. M. Carter was riding on horseback past the School House below Mr. G. It. llogau's residence, last Monday afternoon, the llailroad oars camo along and frightened the horse so that it ran awny. Ho ran about a mile, and Mrs. Carter stuck to him like a hero. No bones were broken, but she was badly frightened and bruised. >?> $150 Reward. Governor Simpson offers "a 'reward of $1C0 for the apprehension and delivery in any Jail in this State" of John L. M. Iiby, who was in. dieted by the Grand Jury of Laurens County at the reccut term of Court for the murder of W. C. Kilgorc. As soon as McNinch was found guilty of the same offence Irby. after securing his bondsmen, left for parts uuknowu?hence tho reward offered. All Right Now. Our esteemed Correspondent who two weeks 'can^Pe^n"1us in* good laugh at the ridiculous figure we made him cut in spelling his latin, rcucwed his subscrip tion, promised to give us a good lambasting for it in a future number of tho Times nnd left us. fully satisfied that low Dutch and "Dog Latin ' wcro all alike to us. The fighting Editor was not called in and the matter was adjusted without bloodshed. ? ?? ? Prof. Gonzalez. This eminent Musician is now in town nnd we should very much like to have him give our citizens one or two of his delightful musical treats. The very flattering newspaper and private mention of the Professor, as a gentleman and of his musical talent, which we have heurd, should be & passport for hiin to our citizens. Should he be encouraged to do so, we have no doub), ho would give a musical entertainment. The Professor proposes to tune Pianos and Organs, and our citizens slionld embrace tho opportunity of employing him to put their Pianos and Organs in order. Ilcing a Manufacturer of these Instruments, he is fully prepared to attend to Tuning, Regulating and Repairing, as he in alwava nrnviilml wifli oil #?.? I ^ - g u?o va^ciuiui parts of mechanism connected with Iho above Instruments. It is seldom that such a competent workman can be found in small communities liko ours and when one docs come among us we should secure his scrvioes. ScsATon Bittlp.r Triumphant.?The Senate 'on the 21th, by a vote of yens 26 to 86 nays, refused to Dike up the rosolutlon declaring David T. Corbin entitled to a sent as senator from South Carolina, in place of Uen. M. (J. Butler, the present incumbent. Messrs. Cameron of Pennsylvania. Conover, Matthews and Patterson, Chnffe and Davis, of Illinois, voted with the Democrats in llic negative. This decides the case in Butler's favor. When the Senate refused to take up tho Butler-Corbin case thereby deciding in favor of SpimtAf* Rnflov (nwl ontilinw A~ l- A -MM Ubil I* "ft uaO|Uil? IV UIO Bt'UI , Senators congratulated liiui warmly. Qen. Duller has never dohbted for a moment that the final result would be in his favor. Bank Robbers in Jacksonville?Jacksonville, February 26.?The Duval Savings Bank was robbed to-day about 2 o'clock of $3,500.? A man drove up to the front of the bank, called out President Abbott, the only person in the bank, and engaged him a few moments in conversation. A confederate meantime entered by a side door and took the money from a drawer. Chief of Police, llawson, arrested a man on suspicion, and found $800 on his person. lie haB confessed, and two other arrests have been made. A Strict Hebrew Will.?New York, February 26.?The will of Mrs. Rmily Grace Nathan, widow of Benjamin Nathan whose murder caused inch a sensation, was filed for probate in the Surrogate's Court to-day. After leaving money n II..I -1 !.!? - -? ? .? nv> icn vuKmicn, au? uccreea an equal division of her estate among her children, rhe will contains a provision that should anj ?f her children marry outside of the Hebrew faith thoir share of the estate is to be forfeited. Sestevcro to be Huno.?At the spring term of the Hessions Court for Laurens County, commencing last Thursday, after a trial lasting three days, Alfred McNinch was convicted of murder and sentence of death pronounced by Judge Aldrich. Queer Twins.?A negro woman living on the plantation of Mr. Joseph Smyer, of this eonmy, gave birth to two children one day last week, one black and the othci white. Chetttr Reporter- 1 fr,"\ j * * * , ? fc. the sessions docket makes this term oue of the most importanl'and exciting ervcr held in this County, and has drawn to the Court llouso a larger number of persons than bos attended any Court held here since before tlio war. The Judge delivered a very practical, explicit and emiuently sound charge to the Grand. Jury, deeply impressing upon the tuinds of that body* as well ns of all who heard liitn_ the <rrawilv and importance of the position they occupied as the Granc^ Inquisitors into nil matters which pcrUii4to the peace, social, moral and material welfare of the County. The following Hills were sent to the Grand Jury and have been returned by that body to the Court: The Slate vs. Dash} Johnson, Jr., Murder.? True Dill. 44 ? 44 Anderson K. Harris?Murder. True Dill. 44 ?? ?? David Wade?Arson?Truo Bill. 44 " ? James Turner?Murder?True ' Bill. " 44 44 Victoria Malone, Murder?True < Bill. , " 44 44 Warren Simpson?Arson?Truo Bill. ( 44 44 44 Chnrner Gist, Assault with in- ( tent to kill. True Bill. 44 " ?? William Vinson?Assault with ( intent to kill. True B.iU, .i?. ? ? Jack Sartor and Washington Jc- j ter?Corn Stealing. True Bill. ( 44 " 44 Morgan Dawkins Malicious ] Mischief. No Bill. 41 44 44 Jock Sartor, Washington Jeter, Jack Clark?Arson. True Bill. 44 44 44 Kphroim Hobson, James Comer, Killing Sheep. Truo Bill. 44 44 44 Lewis McJunkin Malicious 1 Mischief. True Bill. 44 44 44 George Hughes?Murder. True Will Nolle 1'rosegni was entered as to each of the followiug cases : James Moss?Malicious Trespass. Jos. M. Turner?Receiving stolen goods, knowing them to be stolen. In this case a verdict of guilty was rendered at the June Term, 1878. The verdict was set aside and a new trial granted, but Nolle I'roiitd at this court. James SAnders. 11nstardy. Sambo Ilealy. Assault and Battery, with intent t? kill. Warren S. Sloan. Gambling. IU^i^^^<>ry^At tempt to commit Rape. T. A.JTiasIey. Malfeasance In Office. ' Benson Goiul clock. Carnal abuse to a female child. Joseph Lawson. Assault with intent to kill. James M. Carter. Malicious Mischiof. Marcus, Charles and Kelly Tanner. Stealing Corn and Peanuts from the field. William and Thomas II. Gore. Poisoning animals. The State 1 For Murder m. [ of David Johnson Ji*. J W. M. Palmer, lion. R. Muuro, Wm. Muuro and Col. J. II. llion for Defendant. B. W. Rett. Solicitor, for the State. Jurymen.?Lewis Meng, A. Q. McCuilough, Samuel Mnbry, James Thomas, J. E. Aughtry, W. A Jamison. T. J. Fowler, Washington Campbell, W. B. Bailey, Jno. S. Kirk, W. D. McPhcrsonVJ. Ulake Stccdinan. . Arraigned 4th Afarch, 1879. P. E. Fa.nt, sworn. Was in the Storo ot Spears & Col ton, on the 7th of Oct., 1878, when prisoner came in and passed near 'whero deceased was standing. Prisoner said to Palmer, "you have insulted me." Palmer replied, I have not, and gave him the d?d lio. Prisoner then shot deceased twioe. We took the pistol away from prisoner, Deceased said nothing after tho shooting. This was between 9 and 10 o'clock on Monday morning. Decoased 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 haJ been walking with a stick for nearly a year. John A. Famt.?Was present in Spears k Colton's store at the time of the difficulty. Deceased was in the store trading. Prisoner came in and attacked him about insulting him a few days before. Deceused gave prisoner the d?d lie. Prisoner lb An aim# Kim ! !?/> TU-- ? ./..v. ?i^?n ?VW. MUJSJ HCIC standing near tlie Counter, a few feet apart.? t The shots were very quick. Deceased was near the middle of the floor when the second shot was fired. He wan then pulled l>y Cnpt. R. C. Johnson down behind the counter. The pistol woe taken frem the prisoner who then went oit. Deceased had a stick in his hand.? He htld the stick in an filevaied position. I ! stood behind the right hand Counter, npon which | was a cabinet of thread, which obstructed my view when the difficulty first begoa, but did not afterward. The deceased elevated his slick just before the first shot was fired. J. E. COLTOJV. sworn. Was In His ? '* ? tacit part of the store, about GO feet from where < the difficulty occurred. Heard a pistol shot, aud rah: towards the firing and heard another i shot. P. E. FiiuL 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 aro going to do it again." The ^iitol was a Smith k Wesson improred patent. I returned the pistol to prisoner. Dr. II. 8. Pratt.?Am a practicing Physician. Attended the deceased. Saw him a few moments after he was shot?not more than 10 or 1& minutes after. The ball bad entered the right groin, about 8 inches to (ho left of the hip b$pe sod 1 inch below. It penetrated the ab V; jotnen and lacerated thji intestine*. Ik was ? ^mortal wonpd. il^yfbil on tlio 13th of ber, front the effacfJf th* wound. Capt. li-JjAjX- Am a Salesman 1* Spears ^ Op(w|BN. Was present when the diffiouUy Amtjro^S&irlsoner came in and told nelt^^sm^iTnrucr called hiuTa^ES^^^P^ Poisoner said don't curse me. Palmer again ourscd him, when prisoner shot liiui. Prisoner took the pistol from his pocket and shot, as I was passing deceased. I put deceased under the counter. Deceased had a stick in his hand ivhtu he stood by the counter, with his right hand raised. He shifted his stick, from his left to his right hand. Prisoner said he did not como for a fuss. Deceased said, d?n you, you caa getone, sir. I was from G to 10 feet from the parties whon the first shot was fired, with (lie counter between us. Decensed had advanced on prisoner before prisoner fired, lie shifted his stick from his left to his right hand us he went up to prisoner. Deceased was not trading with me when prisoner came in. There is a space of 8 ft between counters. Am not relntcd to prisoner. He was very quiet and cool when he first spoke to deceased?nothing threatening. Deceased very much excited. Dr. Bkatt, rccilled. Kxaminod a second wound on tlio other liip. It wn^ a flesh wound ?painful but not dangerous?a gun shot wound. Wound on left hip about an inch lower than the mo on the right. II. L. Goss. Heard two pistol shots in rapid succession, and ran in to Spears & Cotton's store, and found prisoner and Colton struggling Tor a pistol ; took it awaypand carried prisoner DUt. T. J. Greer. Saw prisoner five minutes before Palmer was shot. Met him at Foster's ?torc. lie seemed cxeilcd and asked me if I >ad seen Palmer. lie said, he insulted me last Friday and I want to sec if he will do it again. [ soon after heard two shots?searched deceased ?he had uo arms, 110 knife, no nothing. Prisoner called me across the street, as 1 came out, and said, Greer don't say anything about what I said to you this morning. W. L. Palmer. Am father of deceased. Ho was lamed in the hip by being thrown from a wagon. He walked with a stick. Had been off his crutches abuut a month before lie was shot. Himself and family were living with inc. He was 27 years old. The Stale llested hcie. David Joiimsox, Jr., Defendant, Sworn. On Friday, the 4 tit of October last was on the strce1 of Union and met dcceuscd ut Young's corner. I shook hands with him. lie asked 1110 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 tho town Marshall to take charge of hint. I knew the character of th^ deceased. I also heard that he had threatened my life. B&weeif Friday and Monday I was induced to try and clear his niind of any nreiudicc aintinst me. I ivenf iutu iIia stnr? fin purpose of making pence. When 1 met him in the store I saiil, Palmer, you insultc I mc in the street the other tiny without cause. He hail a stick in his left haul, lie snhl you arc a tl?d liar, and changed his stick to his right hand, advanced toward nic, "motioning with his lift hand. I thought he intended to strike 1110. and I turned and fired diagonally across the floor, twice in^rnpid succession. Capt. Johnson then threw his arm across deceased, and I did not fire any ntoro. At the moment of second tiro deceased was slauding with his stick raised. I expected liim to shoot?thought he had a pistol.? I could have fired a third time after Capt. Johnson had hold of liiui. lie was in easy shootiug distance all the (iipo. I thought I hud h't him, but di<l not know it. 1 knew him to bo a brave man, of violent temper. The general impression was, that he went armed with a pistol. 1 thought ho had one at the time of lite ditficulty. lie was an athletic, strong man, active and dangerous. 1 saw no sign of his being in liquor on Monday. My manner was studiedly quiet and polite?I meant it to be so. 1 wished to make peace. I had no anger or malice against him? I wanted his vote and to get all anger and mischief out of his mind. Wheu I spoke to Orcer, I had not my trial in view?it was just after the shooting and before the denth of deceased. Palmer's expressions showed that lie meant danger. I said to Orcer, "Bill Palmer cursed me 011 the street Inst Friday, when he was drinking, and I did not want to lose time until the thing was settled." The threats I heard induced 1110 to think he had deadly malice and wanted U kill me. lie was a man of the most extreme violent character I ever heard of in my life. I made no effort to got out of the way of his stick?did not give back. I put on my pistol on Friday evening after lie cursed me. I am 82 years old and weigh IGottiq. II. J. Turnips.-)*.?Knew deceased. Ilia character for violence was pretty had. Friday bofore the difficulty in Spears & Colton'a store, deceased said he would kill Johnson on sight, if lie had U waylay his road. Told Johnson of this threat on Saturday before the difficulty.? Heard the deceased make the threat in my barroom. He was net drunk. It was about a watch. I was friendly with the deceased, and mighty well acquainted with him. : HAMiVfbN.?Am brother-in-law to priif otlef. Was with hirn on day of the difficnTfyi went to the store with him. The deceased was standing by the counter when prisoner said to him "yon insulted me on Friday without cause. Deceased uald, "it is a d ? dlie." Prisoner said ho did not come for a fuM, don't curse mo. Deceased said, "if yon want a fdss you can have it, and that d?d quick: Prisoner was Tory mild and polite?I know he was not angry, nor was ho so before he entered the store. Deceased had a stick in his left hand, but changed it to the right. lie kepi working the stick up as hjj talkod, And moved forward towards prisoner. Ue stopped out from the Counter as ho raised his slick. Prisoner and myself married sisters. The de Jy ~ - . . < H %.. -? . % ^ "8l?>?. Me BJii.1 li8 nttnie.l tft ?? . I proposed to go to tho livery stable (o bu J ail We caraeup lotjlo Poet Oflicoapd parted, ^ -* into the Court house and ^jjSOtisr tofrfrWpfc., * As I wus coming down wp arid w oikjg? > . Ho asked me if I hod n, pistol. Prison^^nsseJr^^^^HJI at that time. Deceased jiaid prisoner had acted the d?d rascal and he would hove revenge.?. lie said ho would try him with his stick. ?. ?. finoKLi. Knew deceased.. Saw him Friday night before the difficulty. He pulled ?ut a pistol and said that hit was going to dt* harm and plaj.tho devil in a few days. Flktciikk Tikslky. Saw deceased before tho difficulty on Friday. Ho had a pistol in tho back pocket of his pantaloons. Do not rcuietn-? bcr seeing deceased without a weapon. Ik F. Buiggs. Knew deceased. Saw liiti\ Sunday, tho day before he was shot.. Ho said he would burst prisoner's head open with hi* stick the next timo he saw hiin. S. M. Kick. Deceased was a very dangerous character. Ho always had arms. Ho had thfr character of drawiug deadly weapons frequently. Did not think him a courageous man. Kodt. Rat. Considered the. deceased a very dangerous man. Ciias. Bolt. Thought the deceased a very dangerous man. Any man he had a fuss with would be in danger of Lis life. He always went armed. Dr, J. N. Mount:. Considered deceased a very dangerous man. He was quarrelsomo, usually carried arms and would use them. Jamks Gkant. Deceased was rather rough whoa drinking, and very quarrelsome. 1 considered liiin dangerous when drunk, but a pleasant man when sober. R. W. Tikslky. Deceased was lame but moTed about very well. His lameness, I don't think _a..i.i ?: - * - - - nuum iui<n?ro wiin nini in a ngbt. Always carried weapons and would ubo (hem. E. R, Wallace. The prisoner is as peaceable a maa us 1 ever kn?w. I have known him intimately all ray life. I knew his purpose before the difficulty. He Advised with ine before he went to the deceased. J. T. Hill. The prisoner's reputation is that of a peaceable, quiet and good man. The testimony was closed late Tuesday afternoon, but out of respect for the venerable and able Attorney for the Defeudant, Hon. Judgo Monro, who was to make the opeuing argument, but was too unwell to proceed then, the Court Adjourned to 10 o'clock Wednesday morning. We regret that in consequence of tho length of tho roport of tho trial and tlvo late hour of its close before we could put it ia * the hands of the printers, we are not able to glta* " \ our renders even a synopsis of thevesgwtble ar'-. ' gnmcnts made to the jury by each one of.the Attorneys cngjged ii? it. We ean ouly say that * the defence was #ffiauc??t' iHth con^inimata 4 * skill and ability, fully rnstnining the high reputation heretofore so meritoriously enjoyed by the venerable Judge Munro, J. II. llion and Wm. Munro. On the part of the State, Solicitor Ball made the best effort, from the commencement of tho trial to the close of his able argument, he ever made in his life. While ho fully realized tt\o fact that the Stato did not seek victims nt Ivis official hands, he did not fail to recognize that as one of her sworn officers the State demanded of him to do his duty in vindicating the majesty of her laws. The able and impartial charge of Judge Aldricli, which we publish, needs uo word from us. Its peaks its own commendation. Judgk Aldbicu'b Ciiauge. Murder in the unlawful Killing of n reasonable being, under the Election of the law, with malice aforethought. You will perceive that the very essence of this crime is malige, for without malice there can be no murder. This malice is either express or implied. Express malice is where there is n previous quarrel, or threats, lying in wait, the character of the weapon used, kc. Implied malice is where tbera is deliberation, or where one kills another suddenly without provocation the law implies malice, and it is incuiubcut on the prisoner to show that no malice was in his heart when he struck the fatal blow or fired llio pistol shot. Tho old rule, in cases of homicide, was, that the prisoner must retreat to the wall before he is justified or excused in uling a deadly weapon, and that is the technical rule now, but in all my experience at the bar or on the bench I have never known a Judge to charge or a jury to require such a forfeittitc of manhood or exposuro of life \ for in this ago of the piouri, when the large majority of men go armed, is a pian to wait and retrent until tho ball goes crushing through the brain or the stick fells him to the eitrtb ? The instinct of nature eompels a man to ase all the means in his power to preserve that gift of Ged ?the breath of life. The law now makes it your exclusive duty to pass on the evidence. 1 am not permitted to give "you my own conclusions of faot, but I may be allowed to call to your notice such facta as will enable you to arrive At a correct andtner< ciful conclusion. 1. The prisoner, you will reoelfoet, was a candidate for office ; it wni his interest tjMJonciliate every voter in tho District. The decensed was a member of a large and influential family. 2. Fridav hefere lh? (i/imini?l? ?l>? # ...? ^V.M>W*MW ? J/l IDVIICI met I tie deceased 0:1 (lie publio street. Tlie prisoner greeted him politely end in a fricnJly tone, asked after his lameness. Tlie deceased referred to some charge made against him About a wot oh. Prisoner said he had been misin* formed, that he had made n<t such oharge ; ' whereupon the deceased cursed and abused him * in the most offensive terms. - 4 H. The next dsy the prisoner consulted > bis friends. He had been informed if tbre^MBg made by deceased, and their advioe te him wHn 1 to conciliate this violent apd dangerous rasa, s<F ~ 'jj/fL as not ti> army AgiinsPfcim, hi his election, this influential family With this pnrpose In his mind he sought him early Monday, before he had limn In htiinn, !nA,n?<t ?! ?- *- - _ WWWV.??V Willi II1|UVI f |H ? lore in this town. He approached hitp peacefully and politely, saying, ' Palmer, you insulled me without a cause on Friday,*" I wanted to make pence. He curaed me. I said, don't curse me; I did not come here to make a Aim. Deceased said, "you can get one d?d anick," % end.changed his slick from his left hand to hie right hand, raising it In n threatening attitude and'wiihin striking distance. The prisoner eayp, "believing he would kill me or inflict some serious bodily Injury, I flred twice In quick"* ' succession."