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_.,TiYlt THY' ' - m-wmw- i P"? - ^5 ^5 ?IS TWO DOLLARS WAX ANNUM. J. VOLUME 5. god ys.i<r:d otjr c?trisrTRY-. <{ AthfrAtS IN A?VANC SATURDAY MORNING, MARCH 25, iSTl. NUMBER 6 THE ORANGEB ?RG NEWS PUBLISHED AT 0 J* A. jNTGrXC 31$M<* Every Saturday Mot?ingl VY tue ijRANGEBTJRG NEWS COMPANY THUMS OF SUBSCRIPTION. bne Copy for one year. $2.00 ?< ?? " Six Months.. 1.00 Any one sending TEN DOLLARS, for a Club of New Subscribers, will receive nn EXTRA COPY for ONK YEAR, freo of pharge. Any ene sending FIVE DOLLARS, for a Club of New Subscribers, wiR receive an EXTRA COrY for SIX MONTHS, free of charge. RATES OF ADVERTISING. 1 Square 1st insertion.... $1.50 " " 2d '? . 1.00 A Sqaar* cohsists of 10 lines Brevier or one inch of Advertising spac*; Administrator's Notices, ..$5 00 Notices of Dismissal of Guardians, Ad ministrators, Executors, &c.$'> 00 Contract Advertisements inserted upon the most liberal terms. r?tnt-rr ' ,vi , MARRIAGE add FUN EE.-iL NOTICES, riot exceeding one Square, inserted without ehargt. . bot Terms Cash hi Advance "63a BEABROOK, BROWNING, MEYERS, ATTORNEYS at law, omta at brnngebnrg and ISr'aiic'tilillc. S: O. Mr. MEYERS or BROWNING* trill bo it Brarichvillc every Mondey. e. b. seabrook, Acting Solicitor 1st Circuit. MALCOLM I. LROWNfNq, THjA Justice. jan 7 ma'y i 1 1 j ?i (ual ji:.>tu:]:. Will ATTEND rilOMt'TI.Y to the Duties ? f his Office! Call on him nl the OHic-c in* fiEAbr.0?H\, brown IXC. & MELEES, No. 8. Court Hoiue Square. jxn7 . H KN0WLT0N & BULL; attorneys and COrNSFLLORS ORAAfilERl'HG, H. C. AUGUSTUS D. KNOWETON. CH ARLES S. jt&JUt *Mr. Knowlton will he at Lrwisvilla EVERY SATURDAY, and at Fort Motto on the :\\ and Ith FRIDAYS of every month, july 28 ?f fcOOKlS & COOKE, ATTORNEYS AT LAW, ORANGE B U 11 G, S. C. Will attend to' B?fl^'T'S'S in any of Ike STATE sod the U. S. COURTS for thu District of South Carolina. T. H. COOKB. V.: V QtfOKR. T. ii. cooke, Trial Justice, will- VTTKND PROMPTLY to ad BUSINESS entrusted to his caro. june2f> tf F. M. WANNAMAKER, ATTORNEY AT LAW, VTIR be at ORANGEBURG, cn Mondays, Fridays and Saturdays, At LRW1SV1LLE on the o>he? dSy'S i* the Week. feb 12 tf W. L. AV. KIDEY Residence in Fork or I.?IhIo, ALL BUSINESS FXTBUSTED viJl be promptly and carefully attended to. iulv20 le HEEDER & DAVIS, 6?TTON FACTpUS (Jciipial CoinJnissroii Mcn.liaiits, Aftgtr'i vfhiifjt) CHARLESTON, ?. C. 6swr.i.(, Rr.KUKa. f r*r>v>i<>,ADavis oct l? Rm A. J. HALINAS, factor and commissi ox MEKCUAVr, CHARLESTON M Q. Liberal advances made on Cotton. i RKritiir.N'rr.H ? First National Bank. Peo ple's National Bank, Messrs. Jno. Fraset- ."v Co., Charleston, S. C. july 31 ?ly E. L HALbEY, i.ukiiieei and ti.hjiz:u commission mf.uciiant, fl'liiirf, WcM End SI oning-nr-si, cij-.vh^k.STON, s. 0, aur 27 ly The People's Bakery next door TO REO C?FFEE rOT, Eaat of Presbyterian Church, Ilunsclt-St. j am happy to ANNOUNCE to the C1TI 7. ens of Orangoburg. thai I am now prk PAREOlo SUPPLY Puinilcs and Cus'omera with DREAD, CAKES, FIRS, mid all oilier ar tides generali? fjund in a first cj^ass BAKERY. . WEDDING CAKE prepared with great oarc to suit tho trittst fustidoue tastes. The PATRONAGE of my friends and fob l"\v-cii izon - is respectfuRy solicited. TROS. W. ALRER?OTTI. Mrs. ALBERGOTT! returns thanks for the Patronage heretofore bestowed, and hopes her friends aJid Customers will contin ue the snmo. She will keep constantly on hand an as sortment of FRUITS. CONFECTION AR t and FANCY ART*'JLES ns usual. dec 10 8m bTg RE? FAMILY COFFEE POT* onk noon EAST PRKSllYTKRl AN CIlI RCfT. il. ?; H. FKARSON Have just received and will keep constant ly on hand, one of the best assorted and cheapest let of COOKING STOVES ever* offered in this market TIN WAEE Made to order und supplied to Morcnants by Wholesale and Retail ul Charleston prices. 6CTTERIN/7 made and put up any whero on reasonable terms and en short notice. M , Repairing done at ?'??'? thai-test notice and Cheap. All I want is a trial to substantiate the facts. My Uiotlo is Low Prices for Cash, oct 20 - nttg 151 Hm MET?LIC CASES. the UNDERSIGNED HAS ON HAND all ol the various Sir.es of. the above Oases, which can be tarnished immediately on ap i licnfiuu. \bo tm-nufnetiirer. WOOD t'OFFlNS ns nrtnil, 'in I at the shortest no,ice. flfifei? 'St KL R1GGS. m\Tr- Ti^'.r.i UiH-i ^tge""TtTatT tPO.TII'OlJXD AS EI>, VliOSl'llATK 1)6 LI.MK. r*on Composting with cotton set.d. -MIIS ARTICLE is MANUFACTURED by'the PACIFIC' QUANJI COMPANY ai t 'hai b'^Kns. H. C., under Sitncrintcu.h'ticc I el "r>?f. JULIEN RAVEN El.! When cqjn ponied with nit cq'ta! weight of Cotton Seed, ! vi.? result,- have f'cen found fully equal to the j best Blundat 1 fertilize/*. Its eeonotny must commend it toOHS hbtlcccf planters getter ally. For specific directions fur composting nnd I for .siT?-p!ies. apply" tu j n. RORSIN, Selling Agent. Charleston, S. O. ! .1NO. S. REESES Coj General Agents, Ralllmbroi dec td PA( I FI! QI'.\NO COMPANY'S. (CAPITAL $1,000.000) SOLUiLK PACIFIC GU?N?. rjnHS GUANO fc! NOW SO WELL KNOWN J_ In all the Southern States for its re markable effects as an ogotfcy for increasing the product i nt rAbur, as nut to require spceii?i rceommco''Vi'mn from us. Its use for fi\t years past has established its char acter for reliable excellence. Tin/ large fixed capital invested by the (\unpiiny in this trade, affords tho surest guarantee of the Continued excellence of its (iinitio. Ji N. RORSON. Soiling. Agent, Charleston, S. C. .1X0. S. REESE & CO., General Agents, Raltirnoro. Dec. 24. tf. ?$>' First I'rhfio Medals Awarded. the great Southern I'm no M ntiuiiiCtcry. fi'Mi KNABE A CO. a ,>i I ,. i i llr.iiB lir GRAND, SQUARE AND UPRIGHT PIANO Ftfirms, ? > 3$ a I t i iti ore, M <1. instruments have been before Co Public for tiearley Thirty yenrt1, and upon their excellence ahme attained an ujtpurtkas rd /ire-rmtnence, vrhicli pronounces tln-m un equalc'l. Their TONE combines grefll power, sweet ness and fine singing ipjality, afl well as great purity of Intonation and Sweetness thrutigh otit the entire scale. Their TOl.'Cil is pliant and claatic, and entirely tree from the stiffness found in so many Piaties IN VVQRKM'AKSHtP they are unequalled using none but the very best skasokrh matk !'.:.?.:., the large capital nuploycil in our busi j'ness enabling u* to keep continually an im menee stock of limber, fko, on hand. All our Squark Pianos have our New Im proved OterttTvny?eqh and AonArrs Tbeblk. Wo Would call special attention to our lute inVprottfmcQts in GRAND PIANOS AND SQUARE ORANDS, I'atkhtbd Acutt?T IP 18fit5. w hich bring the Piano nearer pi rfec tion than ha- Pat been tiiutined. Every Pin no In ly warranted fur Five Tears. We h- \e made arratig -menls for the Sot.1 Wuoi.ksai.k AoKKorfor ihemost celebrated PARLOR ORCIAlfS AND MELODEONS. which we ?fter. Wholesale aud Retail, at Lowest Fact m e Prieos. WM. KNARE k CO. ffaltiotort, .!/</. s-pt 10 Qm CANDLES, SOAP anil m AT? II low Setvit. Caii on w. A. MERONEV & CO For the Speedy Relief Ami I'cruuinont Cure of CONSUMPTION, BROrt?lllTlS, AST II MA, COLDS: And nil Diseases of tho tt'NCS, CHEST, Oil TIIHOAT! ftlHE pXPECT?lUNTds composed cxcltu I sivcly of Herbal afl'.l Mttc?agiuous pro tlucU, which Pcrmcnlc tllc> rery Nubutaiicc <>f the IAiiikh, Causing then*, to throw off the acri?l malten which collects in the Uronc!::..l TnhCJ*i nmi nt the same time forms a soothing coating, relieving the L rituti-. u which produce! the cough. The object to be obtained is to clenn?o lln'i organ of all impurities; to nourish and strengthen il when it has hecome impaired and enfeebled fry disease; to renew and in vigoratc the circulation of tho blood end strengthen the -tfervqus organization. The EXPECTORANT doer, iti's to an astonir'.i'i^ degree. It Is active but mihi and congenial, imparting functional energy and natural strength. It affords Oxygen to vitalize the blbbd, aud Nitrogen to assimilate the matter, It Equalize* the "Nervous lirflUtHtc producing quiet tfr'd Comhosnre TO CONSUMPTIVES It is invaluable, as it immediately' relieves the difficult breat hing at/'t fini fussing cbillrh U'iiivii nm.i.^ia iil.il Ul.iC.'iSC. pou A&riijiii It is a specific?one dose often relieving tho distressing choking, ami producing calm ami pleasant repose. FQu.&tt?i'i? No mother sbo?ld ever be without a hctHeof the EXPECTORANT in the house. We have numerouH certifrcntea of its Having rcleived, altnoH lustn**if;J, the little sufferer, when death appeared almost inoritable. MOTU K IIS DE Al>VISKD! - ? ? TirrJ) ft --ZjfoulTt' This dread di.*e;!?i> rcqdirc's prompt uctiort: ns soon as the hoarse, hollow cough is heard, apply the remidy, nnd it is easily subdued ; Hut Delay is Dangerous! l&if The properties of the EXPECTO RANT are dythutcerit, >tiiitritive, balsamic, soothing and ItCCu.g. it braces the nervous systnm and produces pleasant aud refroshiiig sleep. It ExJiilurafcs <:iu? Relieves Gloomitte.:ir. tihii Depression. Contninln^ all these qualities in n conven ient nnd concentrated form, it has proven to be {he Most Ytil kable Idint- Bui-a ni ever offered to sufferers from Pu!fh"ena"*y ilia onsen. , Prepared by WJH. II. TL'TT A LAXD, AUGUSTA, OA. tSohl /-// Th uijjisis every where. nov A Cm Ayer's Cherry Pectoral, For Diseoflos of the Throat and Lungs, such as Coughs, Golds, Whooping Cough, Bronchitis, Asthma, and Consumption. Probably nover before tn tho whole history of medicine, lias any tiling won so widely and so docply upon the continence of mankind, as this excellent remedy for pulmonary complaints. Through a tone series of years, and among most oi' the races of men it hns risen higher and higher in their estimation, as it has becomo better known. Us uniform character and power to euro the va rious affections of tho lungs and throat, have mado it known as a reliable protector against tin-in. \V hil? aitnnfed to milder forms of disease and to young children, tt Is at tho same tinio the most effectual remedy that can be given for Incip ient consumption, and tho dangerous affections of the throat and lungs. As a prpviciou figainst sodden attacks of Croup, it Hionld bo kept on hand !".C\'erv fcjr.?y, a:;.. Imlj'-t; ns ..;; are some times suhjact to.cohts nnd coughs, all should be provided with this antidote for them. Although settled Consumption is thought in curable, still great mtft'bcra of cases w here tho dlseasp scorned fettled, have been completely cured, naif this ?>*tU>rit m.?ii???..i f.? sennit heatta Uy iiie Vhtrrry. i'eriurai. bo eompieto Is its mastery .ov<jr the- disorders of-the: Lungs nnd Throat, thai the most obsUnnte oi (hem yield to it. Whon nothing cl?6 could reach them, under the Che$ry Teetoral they subside and disappear. Sinner* and l'ublic Speakers And great protectiorf from it. Asthma is always relieved nnd oAcn wholly Mired bv It. , i>> <>ii\ /'<.;>'<'?> Is generally cured by taking U>o Cherry I'cctorat in small mid frequent doses. So generally are its virtues known, t!:at wo need not pnbllsh tho certificates of them here, < r Ao more than assure the public that its 'jtiahla a are fully inalntalnotL Ayer'S Ague Cure, For Fevor and Ague, Intermit tent Foya'rf' Chill Fever, Homittent Fever, Dumb Ague, Periodical or Bilious Fever, Ac, nnd indeed all the affections whioh ariso from malarious, marsh, or miaamatio polwjma. j? ? As Its namMerplirs, It does Cure, and doe* not ndl. Containing neither Arsenic. Quinine, llls mu?Y< 2jmo,nor nny other mineral or poisonous autntfance whatever, It in nowise Injures nny pa tient. The number nnd importance of its cures In tho Agno districts, are literally beyond account, and we liellcvo without n parallel In the history of Agno medicine. Our pride Is gratified by tho acknowledgments we receive nffhc radical cures effected in obstinate cnt>cs, and where other rem edies had wholly foiled. Unnrclimanal persons, either resident in. o' travelling thro'rtgh miasmatic localities, will bo protected by Uking tue AO t, t: WH ft dnily. . For lArer Complaint*, arising frOUl torpid ity of tho Liver, It Is an excellent remedy, Miinu latino; the Liver Into healthy netivity. For WUnus Disorders and Liver Complaints, it Is an excellent remedy, producing many truly remaiekable cures, whero other medicine* had failed. ?. 1-reparcd by Da. J. C. Aykk A Co., Practical and Analytical Chemists, Lowell, Mn**., aud sold all round the world. fBlCJB, 01.OO PSlt HOTTLB. Dr. JE. J. OLIVEHOS. Agent at Orangeburg C. H. atig G ly CANNONS STORE!! Onk Dooh Rei.ow W. T. LIO II T F 0 0 T S' RUSSELL STllEFT, The Subscriber beg* leave lo-iuforin bis old friends and the Public generally (hat ho bos just opened a fresh and general assortment Oi GROCERIES and LIQUORS which he will sell low down f?r" Cash. Come one mid all, 1 will .^o.^nji best to please-you and give perfect . ;.ii..iiuiion. jnn 7?tf .IAS. CANNON. P ete r ?7g?NN0N g u n s m i 'rii. At Miss. V.'ISiys OLD STAND Opposite CANNON'S DOnffa 15 Prepared ^-*a\ ? ? to do All Work in his Line 7 At Short Notice nnd on ...... Tti.-tMe Termn For Cash. dec 24 EXECUTIVE DEPARTMENT. STATE TF.EAS?R& OFFICE, Columbia, S. C, December 1, 1870. THE HOOKS if the Treasury.idfllct; frr tho Transfer nnd Con .owdoh w STOCKS ami BONDS will he closed on and after the nlorh instant un'il the 1st proximo, for con voiciico in preparing statement of interest due to January 1, 1871. N1LES 0. PARKER. dec .1 . ? Citi''Ufa w rfj O. V. EX EC L'TI V E DE l'ARTSl EIST. Statu Tuf.ascht Oi'kht. Commiiiv. S C, December 1, 1870. IDE INTEREST falling dim on the Coupon Bonds of tho .State- of South Carolina to On* 1st of .Jr.nnftrjK tori; will he paid IN '/Ol.D on and after toad date at the >(lie? of II. II. Kimntou. Financial Agent of the Stafo. No. '.?. Nassau Street, New York, and at this office. Tlie interest fallin?.' due on,the Registered Slock of the State i;, latin: vlf.t,^^.71.,i?:ll bo paid IN OOI.D on ntrfjUL*. that date .si t^rerr^ir.rr^.A. i u..,.|^ v - Trensnrer ."?'talc Sou'h Carolina.. FIRE INSURANCE. THE ltYCnitfiWI) HANKING AND INS'tlltANCE CO 1W PA NY, O?cc l 202 Main anil 12th Street*, RICHMOND, V \. .Toil N !'.. DAVIS, President. JOHN F. POTTS, P.ecrettiry. MANN S. QU A RI.ES/Cashier. T. R. STA RKE, General .Agent. Having this day, (Oct. 17th, 1S70.) re ceived the- appointment of AGENT for Qn iingehurg of the ubove INSURANCE COM PANY, I am prepared to hike RISKS on Stores, Stocks of Merchandize and Dwell ings .it reasonable rates. JOHN A. IIAM1TI.ON, Agent for Tito Richmond Ranking and Insurance Company, and Southern Lifo Insurance Comp* fly, Markct-St., Oran'geburg, Ct oct 11 It [EEL/ Mill Gearint,ShaftinfjXPulleys P00R*HUH|'%IM0BE5' >_^_SEND FORACIRCUiHiLl^' sept in ly CAROLINA BITTERS A DELIGHTFUL TONIC We take great pleasure in offering the OED CA RODIN A HITTERS to tho public. They arc compounded wilb great core, and contain some ol the b. st Ton ics in the fharmaoopia. Asovidcnce of the superiority of our BITTERS ovor all others, wc have certificates from many of the bad ingphysicians in onrState, who have pre scribed iheni in their ptac'i c, The OM> ( AROLIM BIETTIIg Will be found ii vai.t ible for Want of Appetite, General Debility, Chills and F vi r. and Dj i ep* i i,|JJJ" We do n .t offer ottr RiTl'KRS as a eure for all disi-ises, bin as nil Aromatic Touio, (bey liOVO no < tjliill. For sale by Dtuggis's and Grocers ovc.ry where. Priuoipnl Depot/ GOODRICH, W IN EM \N k C(JU ImportyDi of Cbolft^j Drugs ami (it tui Cats, Chit: '.e ?jo H i 1 mar ? ly Bpcach of E? B. Seubrooli, Esq., in tho Porter-Gai-tiner Case. Gentlemen of tine Jury: T. trill be exceedingly brief in this case, bcca?so I will be followed by other Counsels, who will more" fully expatiate upon the whole matter. Tho one point of this whole transac tion to which I would especially direct your at!enti<.u, that which furnishes the key to tho whole case, is this: who mad* the assault ? In other words, is the story of tho defendant, that ho was first as srfuKcd mill a murderous weapon by the decoaped, true; or is the dying declara tion of tho dead man, that ho trftB first assaulted with a clcadly weapon by the prisoner at the bar, true ? This is for you lo say. ?cctlcrnen of thot Jury, observe that this one f attire of the transaction was witnessed by no human eye save that of the deceased, und that of the prisoner. If you believe the Staterheiit of tho pri soner, then yoi! nnfat gay [hit he was not guilty. Thiit frould sett'e the case. If, on tho other hacrd, you believe the dying dt el.(ration of Mr. (lurdtier, the de ceased, that he was fin^ assaulted, your verdict must be "guilty." This is tho sole point. Now let us consider the reasons for bc lifeVifjg the one story or, the elfter. The only testimony lor Ihe defence upon this one important point is the testimony of the defendant, his naked, unsupported statement. T will rmf. <????? * j - -o to yon about tfic unreliability-of the tcs tiinony of defendants generally. )>ut, if it bo true, gentlemen of the Jury, that the testimony of men who are interested is suspicious, (ben a fortiori that is es pecially suspicious of men who have everything at stake, even life itself. It is only of late vears, ft^m humane con sidcrations. that defendant* have been al lowed to teCtil t at :'ll; and the fact that the testimony on this one point for the rii fbuvx* ?rv'To.j-iJAiiif ?? ^mx <'jlfrfl' itfen dti:t, is the reason why you should doubt lit. You know that men will yield to temptation; you have felt its power yourselves ; and I say thnt thcro cau be presented to no man. a temptation so j great as that preflciltcd to tho prisoner at the bar. whoso liberty, and indeed, whose life, is at slafc' Th.it this is true, is a plain (act of human nature. No ein quonco of Counsel can charm away it truth. Now. on the other hand, what cvi i deuce is thorS to. export tho view, j which the prosecution advances; what I testimony to show that the prisoner made this assiult? It is the solemn declaration, gentlemen, of a man who attended flu.'t statement repeatedly with tfle statement that he was going to the grave. Thero is no evidence cither more impressive in its character, or more convincing, than that which fnlls from the lips of a dying man. The world is passing away from him. He is uo fur ther concerned in the affairs of time, lie has no interest to seek utter, no fa ver to pursue, uo hatred to satisfy. All men are dfTiE;o lb riTlil And not only so, but the most tremen dous obligation, under which a human being cm stand, is already upon him. IK: is uboui to Step into the }>fc*uocu of his Maker. If the oath, tr;itis sworn in tfve C?'{lr*t upon the Word of Almighty God. bears a 3olemu sanction : how much greater,is the obliijpition of nnH ^ord,i win, i is spoken, vc might say, to Lho very ear of. God himself, into whoso j presence he/who sjfo'jV'H, is about to step. Tliis is n- t a matter ot mere rhetoric, mcro orntory, It is truth: naked, terrilile truth. You need no or namcuU of SftCCtfb.ttSj?jws?s upon you this softfthti Tact. You can look forward Yourselves to the time when all the helps of tTMMT will be stripped nway, anJ you fe<! fan! a tow more revolutions of the hand of lime will Usher you into eternity. You know, from your own consciousnos.*, that under such circum stances you will feel tho tremcudons obligation of trbato^cr you may do or 80 V Moreover there is no opportunity to a man so situated to ropwrtTof wrongs he may commit, life goes fresh from their commission to that tribunal from whiuh there & no appeal. There is r>6 chauee then to rectify b;?" ?.-.'or, and to clear his record. It one of the most effec tive atgumeuts of the evil one, using, us i?. were, the weapons of the Almighty j suggest insidiously as, a rcasou why J vre should go on in tho gratifications! oTuut' detlics, 'bat' liter: it? abundant' C^OrtUdity f?r raperj^cq ^Jbat PfoTj dcnco io merciful. (VBut auch a consid eration avail? pot vrith a dying man. He knows that thero is no repeotanco in the prove. I adduce all of these considerations to show that under the. c ire umbautes, under which Mr. Oard*hcr made his statements, men will not .trifle with truth. But it is possible thai Mr. Gard ner may hare erred. Even in those last impressive moments. We may be lieve this, if he had made this statement but once. But the fact is that he re peated it again and again dp to the very moment of his death. And all those who heard his words concur in saying that he stated tho same thing essentially on every occasion. He was in a clear mind. One witness seemed desirous to produce the impressiou that his miud wandered, but when, on tho eross ex amination, ,f?? was asked directly the question, he limited himself to the st. it emeu t that at tho very lost, when he saw hit! ohd at hand, he would brest!: off" abrubtly from the affray to speak of other matters. Gentlemen, at the last i Already he heard the soft foot-steps of dent'7 full slowly dp*od U\z fading sense. Time was short, oh, how short, .mh him. How many matters must lnve come flowing in from every portion of his lifo upon his mind. Can you be surprised then that there $oufd f'?ve been something of in coherency in his words. Can you be surprised that he would turn abruptly from this one uiat ict, ?iuie.ii, it seems to me, cruel in the hysta.idurs to have pressed so much upon him, to speak of the life ho whs about parting from forever, or the child io a few moments he would lea re fath erless ; that he would turn to the many plans of future welfare he had been fondly formiog, nnd all or which he now with agony saw, finally defeated, and vanishing forever. .No, gentlemen, this fact stands boldly out in the whole matter, that Mr. Gardner told this story to the moment that he died, and that he adhered to tho ssme statement porsis tently from the beginning^ to tho.cnd. This fuc{ stands promiuently forth; it has not been contradicted. An' this statement so clearly told, so frequently reiterated, was that the prisoner at the bar first committed the assault. In addition to these conflicting state ments there arc other circumstances to be briefly considered. It seems to be the theory of the defence, altTi'ough, nt the best, it was but imperfectly shadowed forth, that Mr. Isaac Gardner, tile dead man, for some time before th'ia transac tion, had been tpcuenfog a deadly pur pose towards the prisoner. TTfis was done in order to support tho statement that Mr. Gardner made tho first assault. Hut, gentlemen of the jury, has it uot been sufficiently proved to appear that the person whom Mr. Isaac Gardner had in his mind as the one who would viudicatc tho injured honor of his family, was Mr. Henry Gardner i Tho testimony shows that the person who was likely to come into collision with the prisoner, was the young man. lleury, not the old' man, Isaac. The notion that M* tNirwr sup posed if'y'i l&fnti Garndcr vra: cherishing any deadly purpose against him has been uiteriy refuted by his own testimony, lie admitted that that very n?rflin? ho had attempted to arm himself* trYth' a ilivnllv ivonimn 9??*?5?Pt Hftt??v Hr.r:1 Asked this question on tho stand?he uduntied iT.a fact. Ociitlnn^u d? the jury, is it nut an insult to your uuder Standing, K trifling with' truth, a ridicu lous RitWmi id ifi feat tin; eir'd.s ?f jus ti'-e, tint' slier this bearing of the secrets of their own bosoms to your ryes; the;' should, attempt to show thn^they feared* this assault from this old man, Isaac Gardner? Suppose that Mr. Gardner did utter the has'y expressions which woro imputed Co him L'y (ftc rdttesaes. who said that lie conversed wun IfitA about the cause of nil this diriWhy :'' few day's previously in the tWrmp,' Thcro were uo persons prcc'l at thai j meeting but tho v/itiicss, vftto is a rela ' live of the prisoner, dud' hint, whoso j lips are cX'uf?d in (loath. Hut even if It bo true that the hasty expressions im- ; puled to be Mr. Gardner's, were uttered, I any, gentlemen of tho jury, that every other fact :n tho testimony is at variance utterly with the supposition that Mr. Isauc Gardner had.an idea of ussaullin^* tho prisoner! Aud what is more, every fact shows plainly the contrary. The t tiniony upon this point is remark ably full. Tho Court, very properly, in my ppinion, allowed tbo wittfodo?>;u.o utmost ^atituJe in their statomonts of conversa tions?-*nd inetl these appears plainly that no euch intention existed ia Gard ner's mind. . Bat the lest meeting itself, goutlemeri of the jury?the last and fatal meeting. y* e knot? not only the last njomsftts of this encounter, but the firifhriso. X?* have a detailed account of the meeting from the very beginning?wbco Mf?.'> Gardner walked iuto Dean Swamp Mill, to the end, where be ran out ia the. agonica of death. And what was his conversation with Porter? Did he como like a.man who had come to tako his life? Did lie .use one harsh expres sion to him at first ? They sat'down t*h gether after exchanging greetings in the kindest manner. They spoke about some bargain for property?after that Mr. Gardner jfaid: "There ia another matter I should like to talk to you about," afa4. the prisoner, it seem* knew the topic to be broached. Theri were particular reasons why it should be unpleasant to him. According to his own testimony j frbion Mr. Gardner proposed that they Should move further from those prescut, Mr.' dardVer stopped and bid him to $omc on, iot he hesitated. Gcntlemenj life, there anything in all this to indicate, any other purpose* m tiardncr'c mind than mild remonstrance? a remon strdece, it may be, touched with a little sharpness ? He was the moral superior of Porter ; and of greater steadiness of [ habit. AH this give him a greater I steadiness of habit. All this gave him a right to remonstrate with tbe young . man upon the wrong which he bad been doing. And it does not appear that he did aught else but lemonstrate. Ho ! said so on his oy't.'g bed : said he had f r.proved him, and reproved him sharply. This is all thaff Pcirtcr b'imself says, that he rebuked htm sharpVy, and thereupon the catAstrophe. I say, gentlemen, that for them to insist upon thir, i3 an insult to your understandings. ; With thi'J brief summary,! leave the, me. I woiihl merely beg you in closing, to arm yourselves against a very com mendable weafcuess in m?n. Tho near est object excites our commiseration to . the exclusion of that which is far away. This scene occupies your attention ; you forget that at Dean Swamp Mill, you see Mr. Porter before you, young,strong, uetive, aud you see his anxious family mourning around him. You forgot poor di?rififii rushing from flip mill, hi* life blood streaming from c:x deadly,wounds, ! so that it poured a crimson tid j along 1 11 jo croUjini.ns he ran, crying to heaven 1 Iha.J.'e ftad been murdered: Yoil PJr ! get him a few moments later toliefing I on the nf ms of his friends Lact: {p. his' j home und his family. I say, gentlemen of the jury, it is a commendable wetik? ncss, but after all it is a weakness. The scene upon which you should fi\ your attention, is not this where justice is fcV b? calmly administered, but that, the place of this deadly encounter, and the ruined homo of Isuac Gardner. See him breathing his hist. See, from the spot where he was,struck to the bosom* of his wife, tharcd tide which marks his progress. See hid blood stained cloth ing, I direct, your vie\r to these objects not painted by nfy cwn imagination. They have all been described to you with painful miuutr.nc. s in the testiuio ny.They were iacb?, terrible realities then. Those st-tim* h?y.? l.- ? washed from the highway by the gentle lurufj's of heaven ; and fond hands, have doubtless romqvjd till thoso terrible trt ces from the garments of the dead. But, gentleman of tho iWy> at the timo of this occurrence they were facts, terrible facts. You feel for tho unhappy family bofore joe; you have go pity for the angrish et* tl?tl wfeleltad woman, who a for months .s:nce was doom d to see Ifer ffSsmtod brought bask to her, sf'itk*V.n. breeding, dying. Ls.it of all. you are not here to avenge the death of Isaac Gardner; to 6oi alone belongs that prerogative^ You arc hero to instruct this commutiity by examplo that they must, regard human life .s a cacrfd' thing; to warn him, who rd vie future, may d?.ro to invade the sanctity ol life. (Jod alone can enter there; he gave, aiufho tilono can take away. And I nsk you, therefore, in be Ualf of ourselves and lho whole people, to met out to this ui-ne tho full meas ure of justice, Rot, in vengeance, to in fect ?ny suffering upon' this unhappy man, but to save tbe many, who, as tbe result of your nogligenco, may blood as !a?*o Gardner bled, and the many who may mourn as his wretched widow mouruod.