The Orangeburg news. (Orangeburg, S.C.) 1867-1875, March 25, 1871, Image 1
_.,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
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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.