Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, January 12, 1882, Image 2
Jtaps ami dads.
? Coffee drinkers should read the advertisement
in another column headed Good Coffee.
? The Mormons expect 1,500 converts from
London next month, comprising a number of
families and about 300 unmarried women.
? Judge Tourgee's "A Fool's Errand" has
not proved a success as a drama, and the company
which went 011 a tour with it has disbanded.
? The standing army of the United States
numbers about 20,000 men, rank and file, and
costs ?30,000,000, or $1,500 per man a year,
while France maintains an army of 1,500,000
at a cost of $100,000,000 or about ?60 per head.
? According to Dunn's mercantile report the
number of failures throughout the United
States in 1881 was 4,582, representing liabilities
of over $81,000,000, being an increase
over the year preceding, when there were but
3,735 failures and liabilities $05,000,000.
? The freight and passenger earnings 011 the
main line of the Richmond and Danville Railroad
for the third week in December were
$11,600 over the earnings for the corresponding
week of the previous year, an increase of
GO per cent.
? Before retiring from the postoflfice department,
Mr. James, late Postmaster General,
addressed a communication to the President,
in which he declares that a great part of the
bonds for postal contracts art; worthless and
recommends early action by Congress in the
matter.
? The coming Jay Gould hails from Maine,
according to a Chicago paper. lie is an enterprising
young man who bought up all the
pews in a church and then created a comer
by getting up a religious excitement, during
which he closed out his investment at a profit
of $500.
? Any given anniversary falls upon any given
day in the week at intervals of 11, 6, 5 and
6 years. Christmas fell on Sunday last year,
being the first time since 1S70. It will fall on
Sunday again in 1SS7, then in 1S92, and then
in 1898, after which the series of intervals will
begin again.
? A petition is in circulation in Richmond,
Va., asking the city to appropriate $20,000 to
purchase a lot and erect an industrial insti.
tute where the industries of the State may
have a fair representation, and in which young
mechanics may receive higher instruction in
their respective callings. This is a good move
and should be encouraged.
? Kansas is trying the experiment of cotton
production. One planter ginned and shipped
100 bales last year, and it is reported of excellent
oualitv. This fact, and the presence of
thousands of negroes who were raised in the
cotton fields, it is thought, will stimulate the
effort in that State and carry the production
to surprising success.
? The present year has fifty-three Sundays.
Ordinarily there are but fifty-two Sundays in
a year, there being only fifty-two weeks. We
have had, during this nineteenth century,
fourteen years with fifty-three Sunday each,
and there" are to be four more, including the
present year, making a total of eighteen.
They are the years which begin on Sundays, and
the leap years which begin on Saturday.
? General Grant says he is satisfied that the
court-martial which convicted General Fitz
John Porter nineteen years ago on a charge of
disobedience of orders at the second battle of
Buil Run did him great injustice, and will interest
himself in having General Porter restored
to his former rank in the army. The
attempt has been made before, but the Republican
politicians threw their weight against it
and defeated it.
? A Georgia paper reports the audacious attempt,
in Monroe county, of that State, on the
part of a gigantic eagle, to carry off a child
two years of age. The eagle measured seven
feet "and four inches from tip to tip, and
weighed seventeen and one half pounds. Mr.
Abernathy, the father of the child, says the
eagle's strength was prodigious, and lie would
have readily carried off the little boy, had it
not been that Mr. A. was fortunately armed
with a gun.
? In view of the proofs afforded in Atlanta,
the Chicago Times is now convinced there can
be no further question that the South is
pre-eminently the best seat of manufacturing
enterprise in the United States, and it says
that with everything in its favor in the way of
fuel, ores, raw material and transportation,
there is sure to be attracted Southward an immigration
of the industrial classes of the North
which will satisfactorily solve the remaining
problem of cheap labor.
?Mr. Cyrus W. Field, who managed the
subscription funds for the wife and mother of
"Proeirlonf fJarfiolU Ti?iq maUo f.Vio fnllmvinor
statement: The total amount received to date
is $361,891.72. Of this sum the United States
Trust Company, with whom the money was
deposited, has paid $361,070.75 for $311,000
United States 4 per cent, registered bonds,
leaving a cash balance in their hands of $220.97.
The fund created for General Garfield's
mother amounted to $1120.25, all of which has
been paid to her.
? Says the Boston Ilerald: A Southern paper
remarks upon the "dangerous amount of
leisure" which Mr. Blaine has upon his hands.
Dangerous is a word well chosen. Who is it
that finds some mischief still for idle hands to
do V But, between watching the New Administration,
capturing the South from rival stalwarts,
protecting his friends in office and
managing that "private business" which so
much needs his attention, we fancy Satan will
have a small chance to use the ex-Premier unless
his majesty can utilize some of those
lines of activity, as we should think he might.
? Lots of interesting facts are developed by
the census returns. Everybody knows that
Texas is the largest State in the Union and
Rhode Island the smallest, but few people
would have thought that the disparity between
them is so great that they stand to each other
almost in the relation of 250 to 1. Yet the
official figures show that the Lone Star State
lias an area 262,290 square miles, while "Little
Rhody" has but 1,085. Out in Nevada there
is a single county?Nye by name?which is
more than twenty times the size of the little
New England State, while the smallest county
in the whole country?New York?has the
largest population.
? The superintendent of the railway mail
service has issued a circular under date of last
Friday to division superintendents in which
he says: "In view of the prevalence of smallpox
throughout the country at the present
time, you are instructed in every case when a
report is made to you in regard to the matter
with a request that mail communication be
suspended between the infected locality and
others, to take necessary action at once without
waiting to consult this office, but- report
your action immediately to this office. This
is necessary in order that the department shall
not in any way be responsible for circulating
any contagious disease."
? The oldest and the richest convict in the
Ohio penitentiary is one Horace Brooks who is
now 74 years of age, and has been within the
walls of the prison 31 years. He owned a farm
in the suburbs of Cleveland away back in 1850
through which a railway passed. One time
the cars ran over some sheep, for which the
company refused to pay damages. To avenge
this wrong Brooks obstructed the track and
uuew uit ct puddni^ci nam, 111 ?iuv;ii n\c
sons were killed He was arrested, tried for
murder, and sentenced to the penitentiary for
life. At the time of his conviction he was
very rich, and now his wealth is enormous, his
farm having since become the city of Cleveland.
J ? The following Little Rock dispatch- of
Saturday may solve the problem of the colored
exodus to Arkansas: "The colored Republicans
of Arkansas have taken the initiatory
steps toward perfecting a thorough organization
throughout the State. A largely attended
meeting here yesterday adopted a resolution
urging immediate action in shaping the policy
of the State for the good of the whole people,
and demanding the recognition to which
their number, being four-fifths of the entire
Republican vote of the State, entitles them.
A committee was appointed to draft a circular
letter to the colored voters of the State,
soliciting their co-oi>eration in holding a State
convention. They also invite the assistance
of honest white Republicans. The action
of the colored men creates some comment, as
this is the first step they have taken for recognition
as a political body."
? A "Washington dispatch says that Mr.
Scoville has received a bona fide proposition
from a medical gentleman for the body of Chas.
T. Guiteau. This gentleman whose name
Scoville declines to make public at present,
has offered to pay down immediately $1,000,
the amount of the purchase money, on condition
that he shall have the body of the prisoner,
as soon as the exactions of the law have been
met, to dispose of as he shall see lit. He also
agrees to take his chances of waiting one
month or twenty years for the consummation
of the bargain. This somewhat liberal proposition
was submitted to Guiteau and it seemed
to impress him quite favorably. After
rejecting for a moment, he suggested : U1
think I ought to bring more than that. Perhaps
some other fellow will offer $2,000, then
I can pay my debts, and if I have to get a new
trial that miserable Corkhill can't bring on a
lot of fellows just to swear how much 1 owe
them."
ihe forkviUc
YORKVILLEYS. C.V
THURSDAY MORNING, JAN. 12, 1882.
MR. BLAINE TO THE SOUTH.
The following letter from ex-Secretary
Blaine, dated Washington, December 2.'lrd,
and addressed to Hon. II. I. Kimball, was read
at the close of the Atlanta Exposition on the
31st ultimo:
Dear Sir : It is a source of sincere regret
with me that I am not able to visit your Cotton
Exposition in response to the very cordial
invitation with which I have been honored.
The pressureof public and private engagements
has rendered it impossible. I congratulate the
people of Georgia and of the whole country
ui>on the great success that has attended the
enterprise, it is evidence of a reconstruction
of material prosperity throughout the South
that is gratifying to every patriotic man.
Good government is essential to prosperity
among the people ; and, in truth, prosperity
among the people is the safest guarantee of
good government. Discontent will always
breed disorder. Contentment upholds the
reign of law. For forty years preceding the
late war the Northern and Southern people
were continually growing apart, with different
aims and different interests, cherishing different
hopes and looking to different destinies.
In the last few years they have been coming
together, and it is safe to say that at no time
since the slavery agitation of 1820 have they
been as closely united and as cordially related
as to-day. A\re have a stronger, broader, deeper
patriotism and a loftier and worthier pridi
in the citizenship of the great republic. AVt
have one country, and it is our country.
"From Maine to Georgia" once typified the
extremes of antagonism. Maine and Georgia
can now interchange visits in a single week,
and?let there be no strife between us, "for
we be brethren." Sincerely yours.
James G. Blaine.
TUP VllftFFIPI.II KYAIIITS. .
According to the last issue of the Edgefield
Advertiser, the extent of the negro exodus from
that county has been greatly magnified. The
number of negroes who have actually left the
county is stated by the Advertiser to be about
eight hundred or a thousand, instead of five
thousand, as has been published. The liegira
lasted only during Christmas week and
has stopped. Stripped of all the glamour of
the special reporter's pencil, the Advertiser
gives the following plain statement of the
affair:
"Many of the departed negroes?scattered
sadly and promiscuously from Augusta to
Atlanta?are already begging piteously to be
sent for and brought back. All these negroe:were
from around ltidge Spring, from tin
country between ltidge Spring and Johnston,
and particularly from around Phillipi?negroes,
who living near the railroad towns, and
reckless in their lien-law extravagance, got
hopelessly into debt, and became demoralized
and hopeless. As to the cause of their dissatisfaction,
this is about the sum and substance.
Away from the railroad the negroes are not
moving off; neither are they hopeless or demoralized.
Hammond, the principal agent in
promoting the movement, is a negro preacher,
who has been preaching in the country between
Ridge Spring and Phillipi for many years,
lie is quite smart and was always a rascal.
By this time he is no doubt safely beyond tin
wrath of his deluded victims?with a pocketful
of money. The exQdus seems to be at an
end, at least for the present; and while a good
many planters of the Ridge will be temporarih
embarrassed, the -county generally will not
feel the move, except perhaps in the fact that
the thousand out-going negroes were an voters.
But should the exodus continue?and certainly
the colored people have every right to go il
they deem it best?of course our farmers generally
would be seriously embarrassed; and
the only remedy which seems practicable is to
replace them with a thrifty and industrious
foreign element/'
"VIRGINIA'S NEW GOVERNOR.
Governor Cameron, the Iteadjuster Governor
of Virginia, sent in his first message to the
General Assembly last Friday. As conveying
the objects and principles of the Iteadjuster
party, from the Governor's standpoint,
we print the following synopsis of his message
:
lie recommends the adoption, without unnecessary
delay, of measures which shall provide
for the discharge of the public obligations
upon the basis set forth in an Act passed by
the last General Assembly and known as the
"Riddleberger Bill." Great misapprehension
exists, lie says, as to the purpose of the people
of Virginia in regard to the final settlement
of all controversy concerning the State
debt. As he understands the views and will
of the people, they do not intend to repudiate
any just obligation, but to assume and pay
that portion of the principal which is properly
chargeable to the present State of Virginia,
and to restore all classes of creditors to a plan
of equality. The true indebtedness of the
State, lie says, should be determined by computing
full interest to date-of settlement from
the period when Virginia lost control of and
ceased to draw revenue from the territory embraced
in "West Virginia. Second, by crediting
against the sum total of the principal and
interest so obtained acknowleged payments on
both accounts made by Virginia since the partition
of her territory. If this shall be done,
and provision made for the liquidation of the
amount so found to be due, no charge of repudiation
can be laid at the door of the i>eople of
this commonwealth as to the rate of interest
which can and should be paid on the principal
so ascertained and assumed. The Governor
says that parties in the State are agreed
that the present rate of taxation cannot be increased
and that careful estimates establish the
proposition that three per cent, is the largest
rate of interest that can be provided for with
certainty. The Governor continues: ''We
are supported in this conclusion not only by
the financial experience of many years, but
also by the fact that the proposed interest is
as great as the average rate paid by the debtor
class of the world on the public securities of
the preseut day."
PROCEEDINGS OF CONGRESS.
When Congress re-assembled on the 5th, after
the holiday recess, there was a pretty full
attendance of Senators, and in the House
about three-fifths of the members were in their
seats. Mr. Davis presided in the Senate, in
spite of the sore throat from which he has
been suffering for a few days past, and in opposition
to the directions of his physician,
who urges him to remain in his room until all
danger of an attack of pleurisy shall have
passed. But Mr. Davis' presence probably
prevented an effort to elect a president pro
tan., as there was a possibility that advantage
would have been taken of his absence to elect
another presiding ollicer. Shortly after taking
his seat and calling the Senate to order he requested
Mr. Edmunds to occupy the chair,
and then retired for the day. The Senate
transacted only routine business and adjourned.
In the House, the principal event of the day
was the reading of a protest from the clerk's
desk by Mr. Orth, in which he declared that he
had been badly treated in his assignment by
Speaker Keifer to the three committees on
which he was appointed. He spoke of his
long and arduous service, and claimed that the
Speaker in his action had done injustice to
him and, through him, to his constituents.
He coucluded by resigning his chairmanship
of the committee on Rules. His resignation
was accepted. A bill was introduced requiring
manufacturers of oleomargarine to label
the same, and a resolution of thanks to the
Khedive of ^gypt for the gift of the obelisk
was adopted. A discussion arose as to the introduction
of bills through the petition box
instead of their presentation in oi>en house,
which was settled by a decision of the chair in
favor of the latter method. The House adjourned
until Monday.
In the Senate on the Gth, the president j>ro
tern., a few minutes after roll call, vacated the
chair for the day to Senator Garland. A number
of bills were introduced, among them one
relative to ascertaining the true location of
the boundary line of Northern Texas. Senator
Jones, of Florida, introduced a resolution,
which was adopted, calling on the Secretary
of the Interior for information relative to
swamp lands in that State, which, it is alleged,
certain parties are taking possession of
unlawfully. The resolution of Senator Davis,
of AVest Virginia, relative to pension frauds,
after an amendment by Senator Edmunds
striking out the direction to the Secretary of
the Interior to report his opinion on such legislation
as he might think advisable, was
adopted. At 1.45 the Senate went into executive
session, and then adjourned until Mon
(lay.
In the Senate on the bth, the proceedings
were unmarked by anything of special interest.
In the House several bills were introduced,
among which was one by Mr. Vance, of
North Carolina, prohibiting the sub-letting
of contracts for carrying United States mails.
?
? MR. FISH BURNERS "NEW PARTY."
In our issue of last week we published an
account of the attempt of Senator Fishburne
and other discontented persons of Colleton to
inaugurate a new party movement, in which
the statement was made that the platform, 011
being submitted to the meeting, was rejected
section by section. The new party advocates
who were in the meeting contend that the
platform was adopted, while it is as stoutly
contended by the opposition that it was rejected,
and that the lirst publication of the
proceedings of the meeting was correct. Mr.
Fisburne, by whom the platform was drawn,
informs a staff correspondent of the Neics ami
Courier that the meeting on the 2nd instant
was the beginning of a general movement
which would extend thoughout the State, its
principal object being the disruption of the
I (wesent Democratic organization and the formation
of a new party upon the basis of the
platform in question. lie also claimed to
have information from different sections of the
State that the movement will receive strong
support in all the counties, and he believes
that the planks in the new platform will be
generally adopted. The strength of the new
movement rests, he says, in the justice of the
cause. Mr. Fishburne asserts that while hewas
in Columbia he was approached by manj
of the most prominent Republicans in the
State who assured him that if he would initiate
the movement they would canvass the
State in its behalf and bring to its support
nearly the entire colored vote, and that he proposes
to organize for the campaign of 1S8'2
similar movements in every county. He proposes
at an early day to hold a meeting in
behalf of the new party in the city of Charleston
and has assurances that it will be largely
attended. In his opinion at least two-thirds
of the white vote, and nearly the entire colored
vote of Charleston and Colleton counties
will support the movement. He wants the
people of the State to understand that the
suppression of ballot boxes and the counting
out system is a thing of the past, and that in
all future elections there shall be a free ballot
and a full count or a fair fight. When asked as
to whether he had any assurances of assistance
from outside the State, Mr. Fishburne declined
to answer, saying that he did not think
the proper time had come for showing his
hand in this particular.
E. J. Limehouse, who was one of the vicepresidents
of the meeting, and is a Republican
of pronounced convictions, claims that he was
one of the prominent men in assisting Col. Fishburne
to get up the new party movement. He
thinks that it will be successful because the
people have been very much oppressed by the
present government, and that the platform of
the new organization will secure to every citizen
equal and exact justice before the law.
He has made no general canvass of the Republican
sentiment of the country at large, but
since the movement began he has consulted
a great many Republicans who have said that
lliey would join the people's party if it would
secure their rights. He proposes to take an
active part in the campaign. He asssisted in
framing the platform of the new party and
has been met by two-thirds of the Democrats of
this community and of the adjacent parishes,
who say that they will join heartily in the
movement to secure their rights.
Mr. Limehouse has been a Republican for
years, and lias acquired some notoriety as a
candidate for oflicial i>osition. lie was at one
time intendant of the town of Summerville,
and in 1S7S was a candidate for the Legislature
on the Republican ticket. lie took part
in the political movements of 1870, and belonged
to one of the factions of the Radical
party in the campaign of that year. It is not
thought that he can have much influence in
causing any considerable number of his former
political associates to llock to the standard of
the new party.
But little importance is attached to this
movement, and it is not thought that the combined
efforts of Col. Fishburne and Mr. Limehouse,
with all the influence they can exert
uiKin their respective followers will revolutionize
the politics of South Carolina or overthrow
the Democratic party ; yet as a part of the political
history of the times we append the resolutions
submitted to the Summerville meeting,
which are entitled the ''Platform of the
People's Party of South Carolina
First. That we, the i>eople, do acknowledge
the supremacy of the National Government
over that of the States, under the existing National
laws.
Second. We bind ourselves and each and all
of our representatives to enforce the payment
of the National and State debts.
Third. We recommend the protection of
American industries and the revision of the
tariff laws.
Fourth. Economy in public exi>enditures is
a desideratum. This party will reduce such
expenditures to the lowest possible tigures.
Fifth. As we desire a Republican or People's
form of Government, we must admit that
people governed should be considered as regards
legislation and all other matters that
may affect their rights.
Sixth. "We must admit that the colored men
have the majority of votes in the State of
South Carolina, and that their rights must not
and shall not be ignored, and it needs nothing
but the organization of the working class of
white men and the colored men, as they would
be largely in the majority, to defeat any party
or parties who desire to oppress either the one
or the other, in other words, combined, the
working class of white men and the colored
men control the State.
Seventh. And we, the working class of
white men and the colored men, propose to
combine our efforts to defeat any party or
parties who desire to take any of our rights.
Eighth. And as our rights have been ignored,
we the people, will combine our efforts to
defeat any measure that would work ruin and
destruction to any of our citizens.
Ninth. That under the Democratic administration
of 1870 we had a tax of eight mills ;
that, as proposed by this General Assembly,
we will probably have a tax of twenty mills,
or more; that under the Republican regime
our finances were, tampered with, but in no
instance was any attempt made to take away
our lilierties, as has been done by the present
General Assembly.
Tenth. We insist that all men, irrespective
p
of race, color or previous condition, must and
shall have their rights before the law.
Eleventh. That in the selection or nomination
for State or county officers and for members
of the General Assembly the colored men
shall have a fair and just representation.
Twelfth. That we, the People's party, do
pledge ourselves to stand by each other and
liave a free ballot and a fair count to perpetuate
justice to all.
Thirteenth. We do invite the co-operation
in this movement of all property-holders and
capitalists, whose property we pledge ourselves
to protect at all hazards.
THE GUITEAU TRIAL*
In the trial of Guiteau, last Thursday, Judge
Cox ruled that the evidence of insanity could
not be offered by the defense in rebuttal of
testimony produced by the prosecution, and
as the prosecution did not desire to offer further
testimony, the examination of witnesses
was closed. The defense offered 110 other plea
than insanity, and on this point alone evidence
has been taken, the defense putting fifty-one
witnesses on the stand to prove the prisoner's
insanity, and the prosecution producing one
hundred and fifty-one?experts, and others acquainted
with tlie antecedents of the prisoner?who
proved that he is of ordinary sanity,
the general tenor of their evidence contradict
ing the theory that he is a maniac and not
morally responsible for his murderous act.
After Judge Cox .announced his ruling as to
excluding testimony of the defense in surrebuttal,
the prosecution submitted the statement
of law points on which they would rely,
as follows:
First?The legal test "<rf responsibility, where
insanity is set up as defense for alleged crime
is, whether the accused, at the time of committing
the act alleged, knew the difference
between right and wrong, in respect to such
act. Hence, in the present case, if the accused,
at the time of committing the act
cliarged, knew the difference between right
and wrong in respect of such act?that if he
knew what he was doing was contrary to the
law of the land?he is responsible.
Second?If the accused knew what he was
doing, and that what he was doing was contrary
to the law of the land, it constitutes no
defense, even if it were true that when he committed
the act lie really believed that he was
thereby producing public benefit or carrying
out an inspiration of Divine origin or approval
; such belief would not afford any excuse,
nor would such excuse be afforded by the
facts that in the commission of the act he was
impelled by a depraved moral sense, whether
innate or acquired, or by evil passion or indifference
to moral obligations.
Third?Insanity would, however, constitute
a defense if by reason of disease the accused,
at the time of committing the act charged,
did not know it, that what he was doing was
contrary to law.
Fourth?the only evidence in the present
case tending to show an irreconcilable impulse
to commit homicide is the claim of the
accused that his free agency was destroyed by
his alleged conviction that the death of the
President was required for the good of the
American people, and was divinely inspired ;
that such conviction, even if it really existed,
could not afford any excuse when a party
knew what he was doing, and that it was contrary
to law. No mere delusion of error of
judgment?not even fixed belief?that what is
prohibited by law is commanded or approved
by Divine authority from resi>onsibility for
breaking the law. To have such an effect the
commission of the act charged must have
been the result of an insane delusion, which
was the product of disease, and of such force
as to deprive the accused of the decree of
reason necessary to distinguish between right
and wrong in respect of the act, so that at the
time of committing the act he either did not
know what he was doing, or if he did, that the
act was wrong or contrary to the law of the
The reading of the above was frequently interrupted
by Guiteau, who insisted upon giving
his interpretation of the law involved in each
point. Court then adjourned until Saturday.
The session of the Court on Saturday was
occupied in hearing argument of counsel for
the prosecution in support of the points above
given, and replies of Messrs. Reed and Scoville
thereto. Mr. Scoville had not concluded his
argument at 3 o'clock P. M., at which hour
Court adjourned.
The ninth week of the trial opened on Monday,
when Mr. Scoville resumed his argument,
concluding at 12 o'clock. A recess was then
taken, and when Court convened, Mr. Davidge
replied to Mr. Scoville's argument, and criticised
severely the general propositions contained
in the prayers offered by the defense.
THE CLAIMS OF GUITEAU'S COUNSEL.
Mr. Scoville's prayers to the Court for instructions
to the jury in the Guiteau case are
long and complicated. They are fourteen in
number. Those relating to the alleged insanity
of the prisoner are sufficiently covered by
the first prayer, which is as follows :
1. The lecral test of responsibility, when in
sanity is set up as a defense for alleged ci inie,
is not merely whether the accused knew at the
time what he was doing, and that the act was
contrary to law, for an irresponsible insane
person may know those things, but was the
act done as the result of an insane delusion,
or was it committed under an influence or
power which the accused could not resist by
reason of his unsoundness of mind. And if
the jury find from the evidence that either of
these last-named conditions existed, then the
accused is not legally responsible, and the verdict
should be "not guilty by reason of insanity."
The twelfth prayer reads as follows :
That if the jury shall believe from the evidence
that the prisoner was of sound mind, or
not so insane as to be irresponsible for the act,
at the time of shooting at the President 011
the 2d day of July, 1881, and that he then unlawfully
and wilfully, but without malice, in
fact, in the District of Columbia, shot at and
thereby injured the President, of which shooting
and injury the person so injured subsequently
died in the State of Hew Jersey, and
within the United States, then the prisoner is
guilty of the crime of manslaughter and the
jury could so find. (Section 5,341, Rev. Statutes
of the United States.)
The following is the section of the Revised
Statutes referred to :
Every person who, within any of the places,
or upon any of the waters described in section
5,339, unlawfully and wilfully, but without
malice, strikes, stabs, wounds, or shoots at, or
otherwise injures another, of which striking,
stabbing or wounding, shooting or other injury,
such other person dies, either 011 land or
sea, within or without the United States, is
guilty of the crime of manslaughter. Section
5,339, to which reference is made, provides
that the ]>enalty of death shall be inflicted
upon every person who commits murder.
1st. Within any fort, arsenal, dock-yard,
magazine or any other place or district of country
under the exclusive jurisdiction of the
United States. 2d. Or upon the high seas, or
in any arm of the sea, or in any river, haven,
creek, basin, or bay, within the admiralty and
maritime jurisdiction of the United States,
and out of the jurisdiction of any particular
State. 2d. Or who, upon any such waters,
mnlirimislv strikes stubs. WOUllds, noisons or
shoots, at any other person, of which striking,
stabbing, wounding, poisoning or shooting,
such other person dies, either 011 land or at sea,
within or without the United States.
So the points raised in this prayer are that
Guiteau had no malice, and that the District
of Columbia is a district of country under the
exclusive jurisdiction of the United/States
within the meaning of the Act. But granting
that the deed was committed without malice,
under the section quoted Guiteau may be
found guilty of manslaughter. The last prayer
of the defense is as follows :
That inasmuch as the evidence is uncontradicted
in this case that the wound was inflicted
ujk)ii the President by the accused on the
2d day of July, A. D. 1881, in the county of
Washington, in the District of Columbia, and
that the President subsequently and in the
month of September, A. D. 1881, died of such
wound in the State of New Jersey, the jury
are instructed that by reason of these facts
the accused is not guilty of the crime of murder
as charged in the indictment, and the verdict
must not be guilty unless the jury shall
find him guilty of manslaughter, as charged
in the twelfth prayer of the defense.
This raises squarely the point of jurisdiction,
a point which the Court asked might be argu
ed before the case went to the jury, but was
waived by Scoville. And yet if the point be
well taken it cannot be waived. The Court
must take notice of it, even if never mentionby
either side. No Court would give judgment
in a case of which it had no jurisdiction.
To do so in a case of murder where the prisoner
is found guilty and executed, would be legal
murder. The point is now made, and
while Judge Cox will douubtless overrule it,
yet an appeal will lie from his decision, and
it may be at last that the Supreme Court of
the United States will find that Guiteau lias
been tried in the wrong place.
SOUTH CAROLINA NEWS.
? The cotton receipts at Rock Hill, to the
last day of December, were about 8,000 bales,
i. i. 11 AAA 4.^ 4-1*i nAMA sin4>4-hrv
HgillllSlr clUUUt 11 ,UVU IU nit; BilIllC UUIC LUC JUCceding
season.
? The Hon. Wm. K. Bradley, President of
the French Broad and Atlantic Railroad, died
at his home in Abbeville county on the 30th
[ ultimo, in the 07th year of his age.
? In the U. S. District Court at Charleston,
last Friday, Hicks G. Williams, a colored attache
of the post ofllce at Camden, was tried
on a charge of robbing the mails, and found
guilty.
? At Walhalla, during Christmas week,
Isaac Reed and Andrew Manninger, both colI
ored, quarreled over a piece of pie, and from
words they proceeded to blows, and Manninger
was killed.
? While Jeff Iliglitower, of Graham's, was
hunting, one day last week, a dog jumping on
his gun partially cocked the weapon with his
paw, causing it to discharge and kill Mr.
nightower.
? A special committee appointed by the city
council of Spartanburg has reported a number
of buildings, on Main street, to be in an unsafe
and dangerous condition, and likely to fall
at any time.
? There is said to be great unrest in Sumter
among the negroes there and that at least live
hundred families are preparing to leave the
county in the early Spring. The farming interests
are alleged to be greatly imperilled.
? On Tuesday of last week, eighteen colored
emigrantsleft Rock .Ilill, by railroad, bound for
Texas. They were under the guidance of July
" * - - * 1 1-- ~-1? ti-i--.-1 4-1. ..4. l.?
JYlCJUean, coioreu, who aumiiiieu uutu ue ?v<i?
to be paid six dollars a head for all he could
persuade to go.
? The realty belonging to the estate of the
late Judge Thomson and comprising sixteen
tracts and parcels, was sold by the probate
judge of Abbeville county last sales-day. The
sales of this property aggregated thirty-three
thousand dollars. ' ?
? The Rev. R. D. Pratt is trying to introduce
into Fairfield county, South American "millo
maize," a species of corn that he says makes
good and nourishing bread and fodder, defies
drought, and grows so densely as to kill out
grass with its shade.
? Mr. II. "VV. Finlayson, of Cheraw, whose
business suspension was announced a few days
since, telegraphs the News and Courier that the
total amount of his indebtedness, including
the claims of his preferred creditors, is $14,324.79.
? According to reports of our State exchanges,
more grain has been sown in South Carolina
this season, than in any other since the war,
and we take it as an auspicious omen. With
fovorable seasons there will be food in abundance,
for both man and beast, when the next
harvest comes.
? The Newberry Baptist Church having completed
the fiftieth year of its existence with
the close of last year, in commemoration of
this event, the pastor, Rev. Luthur Broadus,
delivered on the 1st day of the year an interesting
discourse on the history of the church,
from its organization to the present time.
?James Anderson has been arrested at Marion,
charged with having murdered Chas.
Floyd, who resided near Buck's Swamp. Floyd,
was found in an insensible condition, alone,
out in the cold and with two small bruises on his
head. It was thought at first that he died
from the effects of undue exposure.
? The Marion Star records the following singular
accident: A young son of Mrs. Celia
Herring was accidentally shot last week with
a pistol. It seems that the pistol was lying on
the mantel, and he was twirling a whip, when
it struck the pistol, jerking it off the mantel,
when it fired, the ball striking him in the head
and causing instant death.
? The Greenville News says that the indications
are that a very large quantity of comnmrnioi
f?i570vq will hp lispfl hv the fiirmers
of this county on the next crop. Since last
Thursday eight hundred and forty tons have
been received by consignees in Greenville, and
immense consignments are awaiting shipment
from different points.
? Meetings protesting against the stock law
have been held in various places, in the lower
part of the State, where the measure meets the
strongest opposition. Petitions are also being
forwarded to the Governor, invoking the veto
power; but these can hardly be of avail, as the
Governor approved the bill on the 20th of December.
? The Winnsbpro News records the suspension
of Francis Elder, a merchant in that town,
who has made an assignment of his entire estate
to J. E. McDonald, Esq., for the benefit
of creditors. The deed of assignment recorded
in the Clerk's office states the liabilities
at 932,000, of which the claims of creditors
preferred in the deed amount to about ?20,000.
The nominal assets amount to about ?30,000,
and it is thought that about ?20,000 will be
realized.
? On Saturday night the 31st ultimo, Larkin
Little, employed as a clerk in a saloon at Gaffney
City, shot It. C. Bishop twice in the right
arm. One of the balls, after passing through
the arm and clothing, entered the right side.
The surgeon in charge of the wounded man
says the wound is serious, though not necessarily
fatal. Little claims to have acted in self
defense. lie surrendered himself to Trial
Justice Gaffney and gave bond for his appearance
in Court.
? Israel Gittelson, a merchant in Abbeville,
made an assignment last week of all his assets
for the benefit of his creditors. Liabilities,
?10,000; assets ?7,000. The Medium says:
"The hard times are beginning to be felt in
xi x: ? 1-ho nl-vAvo nocJitnmmif
Ill 15 SCCblUIl. " JJC3JUCO tuc auuiQ iKN^uuiviiv,
"three firms at Greenwood have adjusted their
business. J. II. Oldham for about ?0,000, B.
Reynolds & Co. for about ?13,000 and McNeill
& Davis about ?11,000. They are among our
most respected firms and we regret their embarrassment."
? Says the Lancaster Review: At the burial
of a young child at Philadelphia Church in
Chesterfield county, on the 26th of last month,
a young man named Joseph Terrell, aged
about nineteen or twenty years, was carrying
two iK)les, one on each shoulder, 'to lay the
coffin on, when he stumbled and fell. As he
did not rise again several persons went to
where he lay and found that he was dead.
He breathed only a few times after he fell.
It is supposed that the fall dislocated his neck.
? Says the Carolina Spartan: The farmers
in the vicinity of Thickety have sown more
small grain than usual. Good stands of wheat
and oats are generally reported. Should a
few more snows fall and the weather continue
cold for several weeks, it will be favorable
for the small grain.
? Congressman Aiken has received notice
from Stolbrand to the effect that the contest
of the latter for the seat would be vigorously
pushed. To a representative of the Greenville
News, who recently met Mr. Aiken, that gentleman
said he anticipates little trouble from
Stolbrand's contest. He thinks Stolbrand is
after the allowance usually made to contestants
for expenses. As to the other contested
seats from this State, he said he thought Mr.
Richardson safe. He was doubtful about Mr.
| Dibble, but thought if he was ousted Mr. Til!
man would be attacked, although he doubted
if the latter case would be*reached this session.
Mr. Aiken thinks the extension of the stock
law was wise, and says he does not see how
the Democratic party in this .State can split on
that question.
NORTH CAROLINA NEWS.
? Raleigh is so far 11,800 bales short of last
season's receipts of cotton.
? A fire occurred at "Winston last Saturday
night, destroying four stores and the post office.
Several small buildings were torn down
to prevent the spread of the ilames.
? News has been received that Ileyward
M. Love, formerly of Lincoln county, was
shot and robbed hi New Mexico on the .Id of
October last. He was robbed of $4o0 in
money, and dangerously but not mortally
wounded.
? The Rock Island woolen mills property in
Charlotte was sold at a commissioner's sale on
-?r ?...?i. k;,i l.,r a v
jMUlluay UL liisi; vvrtn. dim uiu in uj K. -o.
Hutchison, of Rock Hill, S. C., at the sum
of 88,000. The sale is subject to confirmation
by the court.
? Many of the towns in North Carolina are
moving in the matter of providing against the
appearance of small pox, which is prevalent
to an alarming extent in different sections of
the country. The town commissioners of
Greenslwro have passed an ordinance requiring
every person in the town to be vaccinated and
to have the operation performed at once under
a penalty of So for failure.
? The Raleigh Observer announces the death
of Judge Brooks, which occurred at his residence
in Elizabeth City, last Friday. Judge
Brooks will ever be remembered by the people
of North Carolina for his connection with the
"Kirk war," lie promptly granting a writ of
habeas corpus, and upon a hearing, ordering
the discharge of citizens unlawfully detained
by the minions of a petty tyranny, at a time
when the judicial authority of the State was
powerless to act, through fear of incurring the
displeasure of radical rulers.
? As illustrating the luck of the average
oftice-seeker, the Mt. Airy News says: A
prominent North Carolina Republican about
four years ago went to Washington strongly
backed for the olliee of Commissioner of Agriculture.
He failed to get it. He next applied
for appointment as warden of the jail at
Washington and failed again. After one or
two more failures lie sought appointment on
the police, and again failed. He is now a messenger
in one of the departments and as happy
as any office-holder can be. He is persitent,
but not more so than the average North Carolina
Republican politician.
? The Charlotte Observer of last Sunday
says : "We have it from an entirely reliable
source that Mr. Best and his Boston syndicate
has failed to meet the first payment for the
lease of the Atlantic & North Carolina railroad,
due on the 1st day of January. It is understood
that he asked an extension of time
until yesterday, and up to the very latest accounts
lie had not been able to raise the money.
Our informant tells us that all his employes
have left him, because he cannot pay them.
The idemnity fund of So0,000 deposited in the
Pacific Bank of Boston, if it ever existed, was
lost by the failure of that institution, as announced
some weeks ago, and the Midland
scheme, hitherto on paper only, vanishes into
very thin air.
? The agreement lately made by Dr. Canedo,
representing the New York and Southern
Railway nd Telegraphic Consolidation Company,
and the commissioners appointed by the
Legislature of North Carolina to sell the State's
stock in the Cape Fear and Yadkin Valley
Railroad, has been committed to writing and
now awaits ratification by the Legislature.
Briefly stated, the purchasers agree within
twelve months from the ratification to have
the road completed and equipped in good running
order from Raemont, near the South
Carolina line, by way of Shoe' Heel and Fayetteville
to Greensboro. It is to be built and
equipped within two years, in like manner
from Greensboro to Jit. Airy, passing by
Bruce's Cross Roads, Walnut Cove and Germanton.
Within three years it is to be fully
completed from Fayetteville to Wilmington,
and up the valley of the Yadkin by way of
Wilkesboro to Patterson, in the county of
Caldwell, and also through the county of Suit}'
to Ore Knob, according to the provisions of
the charter. Various forfeitures and penalties
are named ; but first of all, Dr. Canedo has to
obtain the signatures of his associates to the
contract, after which, if all goes well, within
four months from this date the purchasing
company will have its hands at work finishing
the road.
MERE-MENTION.
A circus is wintering at Augusta, Georgia.?
It is estimated that 200,000 visitors
attended the Atlanta Cotton Exposition and
left two millions of dollars in the city. ? Last
week a colored man was sold for vagrancy in
Paris, Ky., and bought by a colored man for
$10 In the four States of Georgia, Alabama,
South Carolinaand Tennessee, the number
of persons employed in the manufacture
of cotton is 11,788, against 5,890inl870.? A
colored tailor from South Carolina is said to
have made $50,000 in Boston since the war.
lie gives employment to over one hundred
persons. The latest census bulletin refutes
the oft-repeated claim that there are
more women than men in the country. The
showing is that the men arc about !H)0,000 in
excess.?The hum of the first cotton mill is
now heard in Danville, Ya.?Tiie civinzeu
Indians In the Indian Territory are becoming
more favorable to railroads.?Judge Tompkins,
in Georgia, recently sentenced a convicted
murderer to be hanged on a Monday instead of
on a Friday, as is the general practice. ?The
government of the United States still owns
3,055,129 acres of land in the State of Mississippi,
equal to 4771 square miles, or one-tenth
of the area of the entire State. ? On Thursday,
Wallace &<Cranston, cotton factors and
guano dealers, of Augusta, Ga., made an assignment.
Liabilities, $100,000; assets, in
notes and accounts, $150,000; real estate,
$32,000. The failure was caused by inability
to collect guano debts.?Hon. C. C. Clay
died at his residence near Iluntsville, Ala.,
last week. He was United States Senator from
Alabama before the war and a Confederate
States Senator afterwards. During a
Knights of Pythias festival at Shanesville,
Ohio, on the night of the 31st ultimo, the lloor
gave way, precipitating over two hundred persons
to the lloor below. Two were instantly
killed and several wounded. ?It is now said
on high authority that Judge Advocate-General
Swaim will declare the proceedings in the
Whitaker court martial illegal, because President
Ilayes had no right to order it. ?There
is no opposition to Senator Lamar's re-election
to the United States Senate by the Mississippi
Legislature. The question of fuel
will be a very important one in the near future.
The forests are being rapidly cut down
all over the country and the time is not far
distant when the people will have to depend entirely
upon coal.?Congressman Felton, of
Georgia, is seriously spoken of as the wouldbe
leader of a proposed Malione movement in
that State. Mr. Felton was elected to Congress
as an Independent over a regular Democrat.
[Communicated. j
CHRISTIAN YS. MOHAMMEDAN.
Mu. Fditoii : Will some one please tell me
how it is that Christian nations cannot do
without intoxicating drinks (for medicine)
and the Mohammedan nations can and have
done without them for centuries ?
An Inquirer.
LOCAL AFFAZES.
NF.W ADVERTISEMENTS. '
G..W. S. Hart, Clerk?Town Tax.
Witherspoon A Spencer, PlaintitT's Attornej's?
Notice to John M. Finley and others, Defendants.
IT. F. Adickes?During the Month of January?
We Have a Full Stock.
Pegram A Co, Charlotte, N. C.?To the Citizens of
York county, S. C.
T. M. Dohson?New York House?Emporium of
Fashion.
Follow the Advice of M. Strauss.
A. Coward, President?Yorkville Cemetery Association.
Patterson's Minstrels.
John S. Wilson, Administrator?Application for
Discharge.
J. A. McLean. Judge of Probate?Citation?J. F.
Wallace, C. C. 7*18., Applicant?James McIlwain,
deceaseu.
Jos. F. Wallace?Clerk's Sale.
Go to J. M. Adams.
I). M. Ferry A Co.?Seeds.
R. H. Glenn, S. Y. C.? Sheriff's Sales.
Rev. S. L. Watson, Chairman?Bethel Land for
Sale.
COTTON SHIPMENTS.
Since the 1st of September to date, the cotton
shipments from Yorkville amount to 4,002
bales.
ROCK HILL ELECTION.
At the municipal election in Rock Hill, on
Monday, the following ticket was elected : Intendant?John
R. Allen ; Wardens?Dr. J.
ii t* t tt - ? r\?i. t~i? r* nr:ii.
>v. reweu, it. J. unguis, i>apu <juuiil. >y ii/iierspoon,
Maj. T. C. Beckliam.
CHESTER ELECTION.
At the rauiiicipal election for the town of
Chester, last Monday, the following ticket was
elected without opposition : Intendant?John
L. Chambers; Wardens?H. M. Ross, W. IT.
Nance, John Mclver, I. J. McNinch. All are
members of the old board except Mr. McNinch,
elected in place of John L. Yongue, who declined
a reelection.
APPOINTED' POSTMASTER.
We notice among the recent Senate confirmations
of Presidential appointments that of
Mr. John W. Hill as Postmaster of Waterberry,
Conn. Mr. Hill formerly resided in Yorkville,
being a son of Mr. II. A. Hill, whom many
of our citizens will remember, though he removed
from here to the North several years ago.
If we mistake not, Mr. Hill now enters upon
his fourth term as Postmaster of Waterberry,
which would seem sufficient evidence of his
acceptability to the people and the faithful
manner in which he discharges his official
duties.
CHURCH NOTICES.
Services will be held in the churches next
Sunday as follows:
Associate Reformed Presbyterian?Rev. R.
Latlian, Pastor. Services at 10$ A. M, Sunday-school
at 9.
Presbyterian?Rev. T. R. English, Pastor.
Cninrtnoa ?+ 11 A OnH 7 P Af
UVi Utga III/ XX XX* XIX*} I?1AV4 X
Methodist Episcopal?Rev. R. P. Franks.
Pastor. Services at King's Mountain Chapel
at 11 A. M. ; in Yorkville at 7 P. M.
Owirigto the continued indisposition of Rev.
R. P. Johnson, Rector, he will be unable to
officiate in the Church of Our Saviour at Rock
Hill, next Sunday.
CHEROKEE FALLS.
We were pleased to receive a call on Tuesday,
from J. A. Deal, Esq., one of the stockholders
in the Cherokee Falls Manufacturing
Company, on Broad River, near Black's Station,
in this county. Mr. Deal reports very
satisfactory progress with this enterprise. The
building is completed, and they are now putting
in the machinery nearly all of which has ,
been received, and, with no untoward delay,
will be in full operation in from four to six
weeks. This mill will start with 2,000 spindles,
which will afterwards be increased to
4,000, floor room having been provided for that
number, and it is also contemplated to add
looms to the spinning capacity of the mill.
KNIGHTS OF HONOR.
At the regular meeting of Home Relief
Lodge No. 389, Knights of Honor, on Friday
night last, the following officers were installed
by Deputy Grand Dictator W. B. Wilson,
Sen., to serve the present year :
Dictator?A. Springs Withers.
Vice Dictator?Geo. ^V. S. Hart.
Assistant Dictator?Withers Adickes.
Reporter?A. W. Ingold.
Finanrinl Rennrter?J. R. Lindsav.
Treasurer?L. M. Grist.
Chaplain?Rev. Robert Lathan.
Guide?John G. Ferguson.
Guardian?John F. Gates.
Se itinel?A Cody.
Medical Examiner?J. F. Lindsay, M. D.
Trustees?Jos. F. Wallace, C. E. Spencer,
James Mason.
Representative to the Grand Lodge?II. W.
Hope. Alternate?C. E. Spencer.
At the last meeting of Home Lodge No. GO,
1 Knights and Ladies of Honor, the following
I officers were elected for the present year, and ^
will be installed at the next regular meeting,
to be held to-morrow night:
Protector?Geo. W. S. Hart.
Vice Protector?Mis. R. L. Ferguson.
Guide?Mis. S. B. Allison.
Secretary and Finan. Sec.? J. G. Ferguson.
Treasurer?T. C. Dunlap.
Chaplain?R. J. Latta.
Guardian?Miss A. E. Ferguson.
Sentinel?Oscar Mcltke.
Medical Examiner?Dr. J. F. Lindsay.
Trustees?II. W. Hope, J. A. McLean and
J. C. Kuykendal.
YORKVILLE CEMETERY ASSOCIATION.
We invite the attention of the citizens of
Yorkville and the immediate vicinity, to the
notice given in our advertising columns by the
Yorkville Cemetery Association. The formation
of this association, under a charter granted
pursuant to law, and the-fact stated in the
notice now published, make an epoch in the history
of our town. Previous to 1825, there was
not a grave within the present limits of Yorkville,
the citizens of that day preferring to inter
the dead in the churchyards at Bethel and Beersheba.
In the year 1826, the first interment
was made in the small graveyard attached to
the Methodist church, on College street. This
graveyard soon came into general use and
continued so until the erection of the Independent
Presbyterian chureb, on Liberty street,
to which a graveyard was also attached by the
gift of the late Mr. Ben. Chambers. This was
supplemented at a later date by a donation of
land by Mr. William Hackett.
The first graveyard being nearly all occupied,
the latter came into general use, not only by
the citizens of the town, but also of people
living in the surrounding country.
To the peculiar and irregular manner in
which this spot has gradually assumed the
character of a general burying place ror ine
community, is, no doubt, to be attributed the
absen-ce of all appearances of order and care
about the graveyard as a whole. While many
individuals have marked the resting place of
their beloved ones in becoming manner, the
want of plan and general oversight give the
place, nevertheless, an unattractive, disorderly,
uncared-for appearance, alike discreditable
to our town, and out of harmony with the
spirit of the age. What had come to be regarded
as public property seemed to be under
nobody's care, and it has been with much difliculty
that money enough could be raised by
subscription to keep up the semblance of an
enclosure and to keep down the weeds. The
common, open board-fence, put up some fifteen
or twenty years ago, lias rotted away, and
the place being now practically unenclosed,
affords a Convenient "short cut" to night pedestrians
who have no fear of "wraiths" and
no respect for the sanctity of God's acre. A
condition of things still more unpleasant to
contemplate, arises from the fact that no one
being entitled to any more land than is actually
occupied by a grave, there is no protection
from undue crowding, or the sad alternative
of separating the deceased members of a family.
The time has come, therefore, when
Yorkville, like all other progressive towns,
should abandon the old haphazard plan, and
establish a well-regulated cemetery proportion