The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, March 21, 1879, Image 2
Tim .W.xican Yolvntbkus jx tub Sknati:.?
Tlio Now Kngland Senators on Saturday showed
that the hatred of thir nfction to lite Mexican
war was not only hereditary, bat personal ns
regards the heroes in that valiant struggle.?
General Shields introduced and carried an
nnicudnicnt providing for pensions to the Mexican
volunteers to the bill making nn appropriation
for accomplishing the object* of the arrears
of pensions act. Tlua amendment was reconsidered),
when Senator Hoar, in lbs true temper
of "Hosea liiglow" and the Massachusetts spirit
of defiance to national incasuroa, which so
nearly broke out into open rebellion in Ibid,
(just as it did meet in actual rebellion in the
Hartford convention in 1812,) moved to exclude
Jefferson Davis from the benefits of tho bill, his
iihirnt Iwmht tn <lef?nt flrnrml Shields' amend
raent, and deprive. not Mr. Davis alone, but all
the volunteers iu the war with Mexico of the
pensions fulling to them. It should seem as if
those old warriors, who fought their way so
brilliantly against such heavy odds from tho
Rio Grande to Bucna Vista and from Vera Cruz
to the City of Mexico, were entitled to at least
as much recognizance iu our pension tills as
any other soldiers of the republic. But it happens
that some of these veterans besides Mr.
Davis arc Southerners, and such representatives
of the hostilo section as Mr. Hoar arc so averse
even to patriotic association with Southerners
that they cannot be just, much less generous.?
Supposing that, according to the full scope of
the New England theory on the subject, Mr.
Davis and the other Southern veterans became
"traitoru" in IHUl?tk?t. cannot wipe out the
fact lh.it they were brave soldiers of the republic
in 18-li>-47. A veteran of the revolution
was once asked by a British statesman what the
American people would have dono with Benedict
Arnold if they had caught him, and he replio.1
promptly : "Bury the leg that was wounded
at Saratoga with all the honors of war, and
liaug the rest of him high as Hainan-" Air.
lloar nnd Mr. Edmuuds do not seem capable of
exercising any such generous discrimination as
this, if indeed they do not in their secret hearts
look upon the Mexican war as being as "treasonable"
as the war between the States. At
jm> r?ic, u must ue apparent to every otio mat
the Jefferson Davis amendment was a inere device
ami subterfuge, contrived for the purpose
?>f depriving the veterans of the Mexican war of
the benefits of the pension bill.?liallimorc Situ.
V.'c find the following in the Lnurcnsville
Herald of the l-lili iuat.:
A CAtlD.
Acting' 111 obedience to tho advice of niy
,Ju ai?.t <>.\iiii-!irv to niv own inclinations
and better judgment, 1 absented myseit irorn
the Court of General Sessions of Laurens County,
where I was under bond to.'appear, because 1
was assured that there had been a public sentiment
manufactured against me, which would
prevent my having a fair and impartial trial at
this term of the Court.
As you nil well know, I am the sou of Col.
James II. lrby, who was born, lived and died
amongst you ; ami for five generations his ancestors
have lived, died and been buried in your
country. 1 have done nothing to bring stigma
upon the name.
I will return home when T nui advised that I
can receive a fair and impartial trial at the
hands of my countrymen. I hope there will he
a suspension of public opiuion agaiust me until
In V . I. v. t XT innv
...J .J. ?\?li n XJ. ra.
m
Tin: Lai mkns Haii.koai>.?When the Greenville
and Columbia Railroad began the rcbuildiugof
the Laurens Uoud it issued bonds to
tld^?vlio contributed money towards its reconstruction
to the amount of $1173,000, these bonds
being secured by a mortgage of the Laurens
Road. 100,000 of these bonds have been subscribed
for and taken up. Recently a bill was
tiled in Columbia to foreclose the mortgage and
have the road sold. The bondholders nrc endeavoring
to protect their interests by organizing
and deciding on some plan of action. The
majority of the bondholders are in favor of buying
the road and severing it from the Greenville
and Columbia Railroad. The Laurens Railroad
owns no rolling stock, and it is impossible to
make anything like an accurate estimnte of the
value of the road. The fact that tho bonds arc
selling for about thirty cents on the doilur indicates
very clearly that it would not sell for the
amount of the mortgage.?Xewherry Herald.
Risiiop Gii.mul'u's Pastoral.?Cleveland, O.,
March 11.?The Rt. Rev. llishop Giluiour litis
issued a pastoral letter to the clergy of this ?>io
cesc, which condemns t lie Irish Worbl, published
in New York, for being antagonistic to true
Cutliolio principles. It condemns labor societies
for their sccrccy, srd forbids Catholic parents,
tinder pain of excommunication, from sending
their children to the public schools, where Catholic
parochial schools are easy of accwsa, and
gives the "Hibernians" a severe reprimand for
not allowing the priests to act as their spiritual
advisers. The Bishop urges upon Catholics tho
necessity of subscribing to the Dioeetan Catholic
Journal in preference to all others, and repeats
his order to young Catholics nut to marry
outside of their religious faith. His letter concludes
with important suggestions as to funerals.
& c.
II dm in dk in Nkwbkkby.?On Wednesday morning
Wiliain .Mays, coloie-J, caiue to Trial Justice
Carlisle aud surrendered himself, saying that
be had that morning shot Dock Sligh, also colored,
and that lie had let! him in a dying condition.
Mr. Carlisle went down to the plnce on
the farm of Mr. l'liilip Sligh, about eight utiles
trout town. As the acting Coroner, Mr. Carlisle
empaneled a jury and proceeded to hold the inquest
over the body of Sligh.
The deceased was shot in the right eye and
vight cheek hone, and also in the right wrist
an i right side, from which last wound the ju
trails were protruding.
.Mays is now in jail, having voluntarily surrendered
himself. He alleges as the cause of
the shooting the criminal association of the deceased
with his (prisoner's) wife.?Newberry
Herald.
A Ghost in Broad Daylight,?A special from
El Faso, Illinois, says Timothy, Donohue, a section
boss on the Toledo, Peoria and Wabash
Kailroad, while vrorkh>? near that t>loc.e last
Thursday, saw a wonan "poorly elad, standing
upon the bridge, apparently in distress. She
wm in lier stocking feel, wore 011 old faded
shawl, and had a handkerchief1 around her head.
He watched her tivc minutes, and as a train
was fust approaching went to ber assistance,
when suddenly she vanished, he could not tell
where. He is a sober, reliable man, and tells a
straight story. Upon inquiry it was ascertained
that the same phenomenon lias been witnessed
on two previous occasions?by a farmer, seven
years ago, and by a woman two years ago. No
ono can recount for it.
? ?.
Titr. Killinu Mania.?tioldsboro, N. C.,
March 18.?A difficulty obcured hereon Monday
between John Kdraondson, aged 14, and Duncan
Johnson, aged 1P>, which resulted in the death
of the farmer last night. Both are of respectable
parentage.
Anotiieh ridTOi. Si,*roiitkr.?Now Orleans,
March 14.?In an altercation between Frank C.
faith ami J. Adams, in which pistols wore
freely need, Cosh was mortally wounded and
lias since died. Adams wan arrested an.l put in
jail.
" I ii *" H i M I 11,1 J
?he tiMii t3ni#n Stimts.
B.m7|SXO&E& Editor.
UNION, FRIDAY, MARCH 21, 1879.
TEEMS OT SUBSCKIPTION.
1 Copy, one year, in advance, $2.00
2 (Joules ouo ytw," " 2.75
5 a H'M'U U 8JJ0
it ?? " M ? ? 15.00
ADVERTISING.
Out square or one Inch, Aral insertion, - - - $1.00
Knell mitoequent Insertion, ... 75
J.ilxiral discount made to uicrchanU^^^fethcrs advertising
for six months or by tho
Obituary Notices of ten lines oc^^pGiaerted free.
over ten llucsHMfcxed as Advertisements.
^
BMjiu Slight frosts bore Tuesday and Wednesday
nights, hut it is not thought that much if
any damage has been done.
- ; ?
EST" The extra session of Congress was convened
lust Tuesday, tho 18th. llandnl, of
Pennsylvania, Democrat, was elected Speaker
of tho House.
. ? Congressman
Evins' Speech.
We intend giving copious extracts from the
very able speech delivered in Congress by our
tulcnted Representative, upon the contest between
Richardson and llaincy for a scat iu the
National Congress. A is a full, complcto and
dignified defence of tho democracy of South
Carolina in the ever-to-be remembered campaign
of 1870.
Fiue Specimen! of Gold.
Our friend Col. Wbisnant, tho Lumber-mill
uian at Landrum's, on the S. and A. R. R.,
called on us last Wednesday and shewed us tbrce
remarkably fino specimens of gold, wbioh be
picked up while rnmbling along a small stream
running through some Mountain lands bo bought
a few months ago. He says the timber on that
land is inlaid with gold. Send us down a thousand
or two feet, Colonel.
?
Wo Cannot Account for It.
From some unaccountable cause last week out
edition of the Times rait short at least thirty
copies. The samo number of quires as usual
were counted out by two persons and prepared
for tho press by ours elf, but upon mailing thorn
thev ran short. Tho result was, one or two
large and a number of single packages count
not be mailed. Autong the large packages left
out was the ouo for Goudey ville. We regret it,
but cauuot explain how the tuistako occurred.
Over-Cropped Thio Week.
In attempting to give full reports of the important
trials during the lute term of court, we find we
have over-cropped ourself this week?tho farmers
understand what that means?and we are
compelled to leave uudono many things that we
ought to have done. As usual a number of advertisements
cauic in just as we were preparing
to close UP the paper. UUd tllCV had to he insert oil
at any risk?tlicy "pay the priuter" ?and our
own thoughts had to give way. Wo have not
room to even mention that handsome hat presented
to us from the large and elegant stock of
new and extremely cheap goods just received l>y.
Messrs. Spears & Coltou ; hut wo invito attention
to their large advertisement so conspicuously
arranged in our columns. As the proceedings
of Court arc concluded we will do
better hereafter.
Tiie Savannah News.?We have frequently
had occusiou to cull the attention of our readers
to the superior merits of the Savannah Weekly
A'cut. Mr. EstiP, the publisher, is still adding
to its attractions and enlarging the sphere of its
usefulness, until now, both iu literary merit and
as a complete family newspaper, it stands in the
front rank with the best weekly publications in
the United States and is in truth an honor to
Southern journalism.
.
For the Times.
Mb. Editor:?The Town Council after their
o>'tion to nffioe oomuicuced to discharge their
duties iu a business-like maunrr, by calling for
estimates for nil public work to be done. It,
however, ia a disappointment to iho friends of
the present board to see them deviating from
this path. In the judgment of iho Council they
ordered two fire wells to be dug at a most inoppcrtuno
time?the work having to be left in an
incomplole slate during the severe freezes?the
result is, the town has to be put to the additional
expense of remodeling theui, at a cost that
is alone known to the Council for the most of
them) and the contractor, for no Dids have been
called for. Now, in the opinion of many, this
is not just. No objection is made to the Contractor
employed by Council, provided those
outside had been given an equal showing. lie
himself docs not hesitate to bring workmen fri m
Spartanburg whenever he thinks he can get it
done cheaper, although there arc those in our
community who are equally competent to do all
work and on the sumo terms. Then, if he, as a
private individual, would not hesitate to call for
bids outside, surely the Council, as the Guardian
of the public funds, ought at least to enquire
what similar work costs elsewhere.
ONE WHO KNOWS.
?T
Tim Election Frauds.?Washington, February
27.?The report of the majority of tho Teller
committee speaks of extensive frauds in
South Carolina by ths use of tissue ballots and
the exercise of violenco by the Democrat against
the Republicans and other opponents, it also
charges intimidation and inuider in Louisiana,
and concludes by claiming that Congress should
take measures to protect peaceable citizens, as
those Stalae have failed to do eo.
Mi'tn* m Demand.?On Tknrsday last,
Mesne. Whitaker &, Wilson, proprietors of tho
Yorkville sale stables, received a car load of
twenty-two mules, sad before Tuesday morning
had disposed of them all exoept one?an extra
largo One.'which is held at a high price. So
great id the demand for niulea that Mr. Wbitaker
says ho could sell fifty more before the
planting season fairly begins.
s ? * ". ?
In a note to the Charleston Newt and Courier,
Major Wade Hampton, Jr., denies that he was
5'resent at a ball given to General Sheitnan at
aekscmville, Ha-, adding that he "certainly
would have avoided meeting a man who was guilty
of thj crnelty of burning Columbia, and the
cowardice of denying it."
. ... - . . .
The contract for building the new brick block
was let out last woek. Messrs. Maxwell, Lyman
& Co. get tlio contract for $22,600. The
building is to be finished January 1st. 1880.??
mien completed it win De one 01 me nnesi
buildings in the 8tate.?Sjartan.
Mr. Richard M. Wright, only sod of Mrs. A.
M. and Ihe late M:?j. J. D. Wright, of thia county,
died in Walhalla laat week.? Spartan.
4
*. PBOOtBDINGS 07 COUBT.
The following omos were disposed of by trial
after our latt. report of the proceedings of the
March term of Court:
The State David Wade, colored, for burning
the Qin House of Mr. J. C. Farrar. This
cose wasAbly ou both aides. Solicitor
lto! appearing for the State, and David
Jehnsoa, Jr. fbr the defenoe. The Verdict of
the Jurv was Guilty," but reoommeuded the
prison* to the mercy oCthe Court. |
The State vs. George Uusghes, col'd for the
mardor of Bart Stewart, col'd. Solicitor Ball,
assisted by S. 8. Stokes for the State and Win.
Munro for the defeaoe. Verdict Manslaughter.
The State 1 Murder
tb. > oi
James Turner. J Jas. K. 1'cake.
Solicitor B. \V. Ball, for the Stale; 'i'ownsend
& Stokes aud 1. G. McKisaick for defendant.
This caso was for llie killing of J as. 11. Peake,
in the town of Uuion, Nov. lit, 1878.
Thomas K. Palmkli, sworn. Saw the shooting
between prisonor aud deceased, iu front of
deceased's Bar rooui. Mr. Wix, the town Marshal,
was holding deceased against the house.
Deceased was cursing. While 1 was looking nt
deceased, the prisoner jirked out his pistol and
tire i. 1 did not know who he fired at, until deceased
fell. Mr. Wis gathered prisoner. 1 toted
deceased into the house and put him on a bed.
He was shot in the bowels?on left side. Deceased
was doing nothing. The Marshal had
him ha tJbuirittUdotth 1 s^w and heard but
one shot.
X. I was standing ten or fifteen feet from
the parties, ou the side walk. Wis had deceased
back against the house. No one between
myself and the parties.
Jaspru Gibiis. Saw the difficulty. 1 came
oat of Qee & Humphries' store. Saw the Marshal
go up to bar of deceased. Deceased came
uot and caught Marshal by the arm, and said,
"what have you got to with it." Prisoner came
up and shot Idm in the bowels. The Marshal
jirked the pistol from prisoner, and said "you
hare shot that man without aoause." Prisoner
came from towards the depot. 1 saw no pistol
? only presentation of arm and heard firing.?
The Marshal had deceased by both arms. 1 was
forty feet off.
X. Deceased said to Marshal, "by God, what
have you to do with it." Maishall and deceased
cntre out of the door together. Dou'l
know where prisuuer watt before lio cuute up.
B. A. Gukoouy. Saw a part of the difficulty.
Saw the Marshall run dowu street. He halted
at the bar-room door. Deceased came out of the
bar-room and Wix caught him by the shoulders,
rnsoncr came up jitiu stun ueceascu.
X. The Marshall was just outsilc the door
when he took hold of deceased. Deceased was
a large man. He was just outside the house
when shot, He was drunk, and was holding his
hands up at the time.
A. \Y. Thomson, M. D. Saw deceased the
morning after lie was shot. Ho was sinking.?
He asked me.if there was a chaneo for him.?
I told him no. Tho wound in the abdomen
killed him.
W. A. Wix. I am town Marshal. Ilad hoard
of a difficulty, aud went down to deceased's bar
room. He said be had had a difficulty aud lost
his hat. He was drunk. I went out for a hat
and locked him in. I went to J. K. Young's,
across the street. Went back and unlocked the
door and saw prisoner coming up. Deceased
came ouianu 1 graooeu mm, when lie said "what
have you got to do with ii As he stepped out
I pushed him hack against the house, when I
heard a pistol shot itnii tho deceased sunk down. I
1 turned rooQ0 and wrenched the pistol out of
prisoner's hand and arrested him. Deceased
died next day, about 11 A. M. 1 think the pistol
shown is the oue?one barrel discharged.
X. Deceased frequently said "what have you
got to do with it." It was his habit, deceased
was oO or 85 pounds heavier than prisoner.?
When L let him out I pressed hitu against the
house. I was not exactly in front of deceased.
Ho never opened his mouth to no oue after he
came out. 1 held him against the wall to let
the prisoner pass, as 1 had heard of the difficulty.
Prisoner came out of Harris' bar room.?
Deceased had a common pocket knifo, shut up,
iu his left hand.
Andukw McNkacr. Saw the difficulty. Saw
Wix come out of the door with deceased. As
they stepped on the ground deceased turned and
prisoner shot him. 1 wus in the street and saw
prisoner just before he fired. Prisoner said,
"you havo imposed on me long enough," and
pulled down on deceased and fired.
iiiikiak iiiAii. n?iv uiiuvuiiy. was auout
6 paces off. 8as# Wlx's hand on bolt of door.
Primmer stopped in his roar. When deceased
came oat Wix had his hand on him. As deceased
(rot both feet out ef the door, prisoner
stepped a little to the right and shot him.
Jaxcg Nbtmkrs. I was at the Hotel, nearly
eppoeite bar room of deceased. Raw deceased
oome out. The Marshal had him by the lappells
of his ooat. Prisoner oame up and shot
him.
Trstimoxy for Dkfexcb.
T. C. Crocker. Saw the fight. Was in 8 feet
of prisonor when he fired. Prisoner and ine
were at an apple wagon, when deceased came
up and commenced cursing prisoner. This was
about 10 or 15 minuics before tho shooting.?
Deceased turned away and came back with his
knife open and cut at prisoner. He cut at him
a secoud time, and said his mother was a d?d
w?e. Prisoner was cut in the c<>at and
right cheek. Prisoner pushed or knocked deceased
down, who continued cutting after he
was down. Prisoner said ho wanted no fuss.?
Deceased told me to hold prisoner until ho got
his pistol, tftat he would shoot his d?d heart
out of hiua. He went to his bar room, about
the door. It was 40 or 50 feet off. Prisoner
went down street and came back. Deceased
catno out and said, "where is the d?d sou of a
b?h, I'm going to kill him." Prisoner told
him to stand back twice. They wore in 10 feet
of each other. Deceased had a knife or pistol
in bta hand; it was 4 or 5 inches outside Lis
band.
Jim Ggudblock, col'd. Saw the shooting.?
Deceased had an open knife in hie hand when
he was shot.
X. Deeeased had his knife open in his left
hand when he oame out.
Jambs Tokmbb, the prisoner, sworn. On the
morning of the 19lh November, I oame oat, and
wasstanding near an apple wagon on Main street.
Deceased came up behind and commenced e irsing
me. I asked him to leave me. He went
off and returned three times. He called my
Mother a God d?d whorish b?b threo time*.
He struck me and I bit bim nnd we commenced
scuffling. He out inu eovernl time*. I pushed
him over dbdjFtwihiin. We were then parted.
He told Crocker to hold the Ood d?d eon of n
b?h until he got his pistol, and he would shoot
his heart out. I went o(T an<l got some paper
put on my cuts. Deceased came out of his bar
room before the Marshal came up, and said,
"now Oed d?n you whnt do you want?" lie
bad bis knife out. I told hiui to stand otf. He
came towards me and I shot him. It was be
tween six and ten mintutes between the fights.
I knew he always went armed. I could have
shot him in the first fight. I had teen told that
deceased had threatened to kill me. I had been
in deceased's bar room frequently. He always
kept pistols, and had a shooting stick. I shot
him because I thought he was going to hurt me.
He had threatened to kill ine. He was left handed
and had bis knife in his left band.
# *
^
X. Deceased had been picking at me several
times. Marshal Wix caught him after I shot
him. %
H. J. Thomson. Saw the shooting. I was in
front of tho Hotel, in the doorway. Decoased
came out of his door. Prisoner turned off. ?
Saw deceased make toward prisoner, wlieu he
shot him. No one had hold of deceased, when
he was shot. Nethers could not seo deceased
from where he stood. Deceased was rough and
insulting when drtlnk. He always had his pis*
tola with him, and had a cane that he said would
hoot. I have seen him shoot it. 1 do not
think he liked prisoner. Deceased had been
my partner for two years or more. I was 140
feet from the parties when the shooting took
place.
ltoBKET Harris. I saw prisoner just getting
off deceased, at the first fight. Deceased got up
and went to his bar room. Prisoner came into
my bar room and was bleeding. He went out,
and in 6 or 8 minutes after first fight heard the
shot. It is about thirty or thirty-tive steps from
my bar room to deceased's. When drinking deceased
was dangerous. He always carried his
pistol and a loaded stick which he could shoot.
I.ni'I* TllVUItl.Y u-na n Kft.l mnn
when drinking. Heard dccoosod say ho would
kill prisoner some day.
T. A. Tinslky. Deceased was a very troublesome
man when drinking. I was town Marshal
last year. Deceased always went armed.
It. W. Tinsley, T. M. Whitesides and John
Brandon, all corroborated the testimony of T.
A. linsley.
Alyheu Shell, col'd. Hoard deceased say
he intended to kill prisoner, two weeks before
deceased was killed.
Heply.
Jasper Gibdes, recalled. Saw prisoner about
three quarters of an hour before the shooting,
who told him ho had had a cat pawing with deoensod.
Njcthers recalled. Was standing against a
tillar of the Hotel and saw the difficulty.?
hompson was not there. It was twenty minutes
between tho two fights.
B. 1). Cclp. Have known deceased over
twenty years. He was a troublesome but not a
dangerous man when drinking.
ltoDT. Macbeth, Sheriff. Known Peake twenty
years. He was a very annoying but not a
dangerous man when drunk. A quiet mtu
when sober. Tho Town Council had had him
arrested several times.
Joiin Uouukr. Knew deceased well. Was a
good citizen when sober, but troublesome though
not dangerous when drunk.
A. MoNkaok, recalled. Saw the first. Prisoner
had deceased down and drew his pistol.?
I caught it aud said duu't shoot. Docousod
"t will m* jon I did not see
Crocker. Ho did not help to part them.
Judok Amnion's Charge.
Again are you cullod ou, in the discharge of
VOlir hivli. imnnrtiini ami anlamn .Into ?? .
r- ?? 1"""
upon I lie life uud (he death of a fellow being.
Hut you are not to let the frequency of thti*
charge influence your judgment!* or control your
Hrdict. Euoh case must bo decided on the evidence
adduced and what is said by the witnesses,
examined in your presence. As 1 have had
occosiou to instruct you before, tho witnesses
are examined iu this way, that you may judge
from their maimers, deportment, expression of
couuteuance and general demeanor, who arc
most entitled to your confidence, and which of
Ihctu has had tho best opportunity to witness
the transaction nnd, therefore, most likely to
give a correct nud accurate account. It does
not uccccssarily follow, because witnesses make
contradictory statements, that there is false
meaning, because each witnoss describes the
transaction from his standpoint and opportunity
to observe. Your province is to reconcile those
contradictions,uud froiunll the testimony bifl the
truth nnd do justice to society uud the Prisoner
at the bar.
Now what is the narrative of tho tragedy ??
It appears, that the deceased, when drunk was
a very annoying and provoking person; all the
witnesses agree in this; but uiauy witnesses on
the part of the dcfeuce coincide iu saying,
that he was a dangerous man, when intoxicated.
Ho was in the habit of carrying arms.
Had made threats against the Prisoner. On the
ID of November, 1878, tho deceased and the
pris^per met at a wagon, iu front of Mr. Young's
store. An altercation took place, the deceased
came up. lie was drunk. It is in n?iitnn<?? timt
he and (lie prisoner clinched and (lie deemed
was thrown to the ground. The deceased had
useJ the most vulgur and opprobrious epithets,
blackening in the most aitrocious manner, the
character und memory of the prisoner'* mother.
The prisoner had a pistol in his hand ;
says ho had been cut by the deceased, but
he did not then use it. The deceased called
on a bystander, to hold the prisoner until
ho could get his pistol and blow his heart
out. The deceased went to his store and the
Marshal of the town locked him up there. The
prisoner went off and returned. When he got
to the store of tho deceased, the Marshal bad
allowed him to get out on the sidewalk and waa
holding him against the wall ; he had a closed
knife in his hand. The prisoner came up, did
not pass by, but stopped and shot tho deoeased
in the bowels, of which wound he died.
Now, gentlemen, is this murder, manslaughter
or self-defence T
As matter of law, I charge you, that no words
justify n blow, much less the taking of human
life. 13ut Juries, in tho o*oro'w? nf !???!? .ii?
cretion find, in mercy to the frailty of human
nature, may and often do, consider auch provocations
and reduce the crime from murder to
manslaughter. There are some words, however,
much inure aggravating than a blow, which
when used, excito such a transport of passion
as dethrones the judgment and renders the
uian incapable, at the time, of listening to the
voice of reason.
Your first inquiry is, wns there any necessity
for the prisoner, at the time he fired the pistol
shot, to tuke the life of the deceased ? Was he
in danger then, was his life in peril, was there
a necessity to take the life of the descased, to
save himself from some great bodily harm ??
And in this connection you will consider, why
did the prisoner return and shoot the deceased?
Jiere ootnee in the question, if you determine
that the prisoner would have been Justified
bed he killed the deceased, in the first oombat,
when bis mrther's memory was slandered, did
he have time to cool before he returned to the
tore of deceased and killed him ?
In deciding this question, you are not only
to decide if the nriaoner was cool, hut
sufboient time for a reasonable man to cool ??
If there was then your verdict will be in accordance
with the facts ns proved here. The safety
of human life, tho protection of society, tins
forced the Courts to establish rules of law and
evidence, by which juries are to be governed in
determining cases of this sort. There is no
fixed time prescribed in which n man has time
to cool. A man cannot nurse his wrath and get
mad and more mad, and then be shielded from
the consequences of his act on the ground that
he did it in a trnnspoit of passion. Had a reasonable
man time to cool? This is the important
question and you are the judges. The timeproved
In tl.ia /.? ? * ?
... .? ? v?a? iMugvo 11 "in \r uimuies (o uiree*qu?irtcrs
of fin hour. In a noted cane tried in thin
Stato, McOants', the prisoner walked 225 yards
and the jury found him guilty: Hut the question
of time is not to be governed bv the distance
passed over by McOants. Was there sufficient
time for a reasonable man to cool ? Was ihere a
necessitvjfor the prisoner to return? Was hit person
In danger of bodily harm when he shot. If
* ,
he was Dot ia such a transport of passion as to#
shoot in the first combat, was he, after 0, 10, 50,
or 45 minutes, so transported, that he could not
control himself when he returned to deceased ?
All these are questions to be solved by you, and
as you solve them so will be your verdict.
The case was then given to the jury, who after
an absence of 8 miuutes returned with a
verdict'of- Mrfnrflaugbtor.' v
In this ease the oouasel for the defence d(a*
playod an earnestness and ability equal % the
best efforts ever made at this bar,
Mr. S. S. Stokes, one of the youngest lawyers
at the bar, opened the argument In a speech
that did his head and heart great credit, and all
who heard it My it was un able and affective effort?well
conceived and arranged and delivered
in good style.
The speech of Mr. Townsend was a very superior
effort?sound in logio, forcible in legal
argumeut and impressive in its doductions. In
dictiou it displayed a high order of intellect and
scholarship. Mr. Towusend is fast establishing
himself as one of the sondest lawyers at our bar.
Col. McKissiek closed the argument for the
defenco iu one of the best speeches we ever heat d
him make. Always earnest in any cause ho advocates,
he seemed to gather all liis forces of
argument and eloquence in defence of his unfortunate
client. As aiv old lawyer the Col.'a reputation
stands among the foremost at the bar,
and but few men are more effective beforo an
honest Jury.
The next case called was tho Slate vs. Victoria
Malone. Indicted for Murder of an infant.
Mr. David Johnson, Jr., andStcedinan & llawls
appeared for the defence. No witnesses wero
oxamined for the defence, and at the close of
the Solicitor's argument the case was given to
the Jury, who, without leaving their seats, signed
a verdict of not Quilty.
The State vs. Warren Simpson, for Arson.?
Verdict not guilty. Solicitor Ball for tho State
and S. S. Stokes for defence.
The State vs. Jack Sartor, Wash. Jeter nnd
Jack Clark, iudicted for Arson. Solicitor far
tho State ; J. C. Wallace for Jeter, Munro &
Munro for Sartor and Stecdman & llnwls for
Clark. Vordict not guilty.
lu this case Mr. J. C. Wallaoo made bis maidon
speech in the Circuit Court, and acquitted
himself (nnd his client, too) in handsome style.
Mr. Wallace is a young man of fine intellect,
and gives promise of occupying a prominent
stand in his profession.
On Saturday morning Judge Aldrich, in a vory
feeling and solemu manner passed the following
sentences upon the prisoners found guilty :
James Turner. Ten years in tho Penitentiary,
at hard labor. #
Dftvid Wfl(1 r* Tft Ka nnnfina.1 I?
__ .. ww vvuuuvvt 1U IUO JL OIIIICUtiary.
at hard labor, for the wholo term of his
natural life.
George Ilughcs. Confined in the Penitontiary,
at harJ labor for 0 years.
A Massacre*: Which Did not Come Orr.?It
tuny fairly bo said?although tho assertion savors
of ahull?that the most memorable in the
long list of Burmese massacres is ono which
was not perpfctrated. When the English squadron
appeared off Rangoon at the opening of tho
last war with Burmuh, the native Governor of
(ho city sent a messenger (o announce (hat every
European within the walls should be put to death
the moment the first shot was fired. This mcuaeo
having no effect, a score or so of foreign residents,
including two American tnissionariees,
were ordered out for immdiate execution. Tho
word was given, and the headsman had just
stepped forward with his huge knife when the
first English broadside was discharged, shattering
to pieces, by a singular chnuce, the very
house in frout of which the Governor nnd his
suite were staudiug. Never was a panic more
iustnntaneous. Away ran Governor, officers,
headsman and all, while the victims, bound and
unable to stir, remained kneeling in readiness
for tho fatal stroke, with no one left to attend
to tlieni. They were speedily released by a party
of British blue-jackets, and, to complete this
sudden turning of the tables, the inhuman Governor
was brought in by a sailor that very evening,
with his bauds tied behind him and a gag
in his mouth.
Judge Hudson, now presiding at Charleston,
recently made a ruling, which, if put into practice
by all the Judges in the State, will certainly
prevent the further accumulation of a vast
number of trivial cases which now cumber tbe
dockets of the Circuit Courts, Impeding tho legitimate
business of these courts, consuming
time and entailing oftentimes heavy and unnecessary
expense. This ruling was in regard to
appeals from Trial Justice courts. Judge Hudson
ruled that a party appealing from the judgment
of a trial justice upon a criminal matter
is not entitled to a trial de novo in the circuit
court, but tho appeals must Se made in writing
and submitted to the Circuit Judge with the evidence.
Upon this tho Judge hears the argument
and sustains or reverses the judgment cf
the court below. This ruling, we think, will
slightly disturb the practice iu these small courts. 1
Tin Air Line Railroad.?New York, March
81.?The stockholders of the Atlanta nnd Charlotte
Air Line Railroad yesterday elected tho
? v ??
? .MQ W?uia nu^ciio neil/t 1* in It,
Fogg, Alex. P. Irving, A. P. Dickinson, Francis
Smith, Abraham 8. Stewart and Win. B. Isham,
of New York ; llirum W. Sibley and Byron P.
McAlpine, of Hoohester, and Skipman Wilmer
and Francis P. Clark, of Baltimore. At a sabsequent'mceting
of tlie board of directors Hiram
W. Sibley was re-elected president. The report
submitted showed that the net earnings for the
last year were about $40,000.
pftmrrentiaby Amivals.?Sheriff W. P. Cole,
of Darlington County, arrived in the city yesterday
with nine convicts for the penitentiary.
Seven of them were men and two were women.
One of the men was sentenced for seven years
for manslaughter, one woman for five years for
grand larceny, one man for eightoem months
for assault and battery. The others were each
sentenced to one year's imprisonment for larceny
and for assault aud battery.
Judgo Wallace must have had a busy time ef
it at Darlington Court.
.#.
A Cotton Factory At Chrstkk,?The ootton
factory hinted at last week is to be fixed a tact,
and that in a short time. The purchasers of
Anderson's mills will proceed at once to make
such improvements as will increase the water
power 10 ?it a extent required io more the spinning
machinery they propose to erect during
the summer. Cotton growers in the vicinity of
Codnr 8lioni? will find a market for their cotton
close nt hand next fail,? Chester Reporter.
?
Hmxn to His Wirr.?Press Chappeli, white,
who w.is Hint to the penitentiary at the Pelt j
Term of Court for ono year, has been hired out
to his wife ?A'ttcberrp Herald.