The Charleston daily news. (Charleston, S.C.) 1865-1873, December 29, 1871, Image 1
VOLLME XI.-NUMBER 1774.
CHARLESTON, FRIDAY MORNING, SEPTEMBER I, 1871.
THE KU-KLUX TRIALS.
J?XE .UOTIOS FOR A XEfT TRIAL OVER?
RULED BT THE COURT.
The Convicted Priioneri Sentenced to
Fine and Imprisonment.
[SPECIAL TL..EGRAM TO THE NBW3.J
COLUMBIA, December 23.
Ia the United States Circuit Court to-day.
Judge Baad delivered the decision of the
court upon the two motions made yesterday
by Mr. Stanberry in behalf of the Ku-Klux
prisoner?, viz: For a new trial, and in arrest
of judgment. The court overruled both mo?
tions.
All the prisoners \.uo have so far been con?
victed, or who hive pleaded guilty, were then
arraigned for sentence :
Jno. W. Mitchell was sentenced to five years'
imprisonment and one thousand dollars fine.
Sherard Childers, William Montgomery,
Evans Murphey, Hezekiah Porter, R. H. Mitch?
ell, Sylvanus Shearer, Hug- Shearer, William
Shearer and James B. Shearer were each sen?
tenced to eighteen months' imprisonment and
one hfoodred dollars fine.
Dry Thomas B. Whitesldes was sentenced to
one year's imprisonment and one hundred dol?
lars fine.
John S. Miller was sentenced to ?three
months' imprisonment and twenty dollars fine.
Previous to the announcement of the deci?
sion of the cour;, upon Mr. Stanberry's mo?
tions, the caso of John S. Miller was resumed, j
?e defence showed by several Ridical wit?
nesses that Miller was opposed to the Ku
Klux: had only attended the meeting?, and
I then only as a measure of safety to himself
and his colored employees. Toe jury, how>
?ver, found him guilty, after an absence of
only fifteen minutes, and he was sentenced as
above stated. PICKET
NOTES AXD DETAILS BT MAIL.
Tht Argument on the Motions for a
New Trial and In Arrest of Judgment
-Hr. Corbin has Nothing to Say-A
Specimen Juryman and Convenient
Witnesses.
[FROM OUR SPECIAL REPORTER.]
COLUMBIA, December 27.
The United States Circuit Court reassembled
this morning after Ita Christmas recess, and,
as usual, attracted a iud house. At the open?
ing of the court Mr. Corbin produced an affi?
davit from one of the colored witnesses for
the defence, who, it was stated, had been
wanted to leave the city or refrain from tes
tifyi?~under the penalty of some vague b ut
temple punishment. The alfi davit was from
Mo? Edwards, and was to the effect that he
had not been threatened and had left the city
ol his own accord. This was read to the
court, and this will, doubtless, be the end of j
the efforts of the district-attorney, voluntarily
and ostentatiously undertaken by him the
other day, to bring the Ridical Ku-Klux to
trial and punishment.
Mr. Stanberry then filed a motion for a new
trial in the case of Robert Hayes Mitchell, on
the ground that the verdict of the Jury was
contrary to the law and the evidence. He
argued that the count of the indictment, un
?er which the verdict of guilty had been
mdered. charged an offence against the act
I April 20, 1871, and was indeed framed m
le exact language of the second section of |
that act, while the alleged conspiracy against
Jim Williams existed, if at all, long before the
passage of that act, and culminated in the
hanging of that individual on the night of
March 6,1371, six weeks beiore any such con?
spiracy had been provided against by Con?
gressional enactment. The act of May, 1870,
while lt provided against a great variety of I
offences, did not happen to provide against
such a conspiracy as was charged In that j
count, namely, a conspiracy to Injure, a
citizen because he had voted for a certain can?
didate at a past election. It was evident that
Congress did not Interpret the act of 1370 as
providing against Just such a conspiracy be?
cause they made such a provision, specifically,
in the act of 1371, thus Intending to supply an
omlsi-ion in the act of 1870
Mr. Corbin contended that the count was
drawn under the act of 1870, and that the of?
fence alleged was provided against by that
actv Mr. Stanberry repeated emphatically
tharMhe count was drawn under the act of
187iSnd he told the gentleman of the other
Bide that be knew he had drawn lt under that
act. He submitted that to punish a crime
committed on the 6th of March, under an act
passed the 20th of the following April, was too
patent an absurdity to be entertained for a
mom?, at, unies the court were prepared to as?
sume the very grave responsibility of inter?
preting that act of 1871 as an ex post facto
law, retrospective in its application and ope?
ration. Judge Bond announced that the
court would decide the motion for
a new trial at a future date, and
Mr. Stanberry then submitted a motion In
arres: - of Judgment, and spoke at some
length thereto. Tne motion was made, he
said, on the ground that the whole of both of |
the acts under which these proceedings were
begun were out-ani out unconstitutional and
unauthorised by the old constitution or any of j
the amendments, ancient or modern, thereto.
He confessed that he did not hope for a favor?
able opinion from his honor, the presiding
justice, who had already given sufficient Inti?
mations of his intention to maintain the con
" etitutlonaltty of these acts, but he did enter
tertaln the hope that the court might divide
in opinion upon this question, and enable the
case to go before the Supreme Court without
the circumlocution of writs of habeas corpus
and certiorari. He admitted that he found
but little satisfaction in arguing the question
Of constitutionality before that court, and he
?torid. therefore, touch very briefly on the
PBtpdlng points. He claimed that such acts as
rthose of 1870 and 1871 were not proper legisla?
tion to enforce the fifteenth amendment. That
amendment declared simply that the right
of a person otherwise qualified to vote
should not be abridged "by reason of race,
color or previous condition of servitude," and
no au of Congress passed to enforce such an
amendment could legitimately go beyond the
powers granted by that amendment. These
ads, however, in all their punitive sections,
" L,cognizance of all manner of offences
1st the ballot, assumed supervision over
rwhole subject of elections for members of
3, did not pretend to be confined to
question of race, color, Ac. but punished
lerferences of all kinds with any voter,
ute or black. Radical or Democrat, and
ve to the United States courts Jurisdiction
these whole matters, making the differ
8tates powerless to protect the purity of
;ir own elections. Tne act of 1871 sought to
tish repeating, bribery, voting out of the
?per districts,"Ac. and he asked what right
Congress obtained to make such.leglslatlon.
old constitution gave Congress the right to
:rlbe the "time, place and manner" of the
of its own members, but that word
ironer" could not be strained so as to include
offences as were then provided against, or
fe the United States Courts Jurisdiction to
such offences. He q io ted Story to
(hat the word "manner" In the constitu
ferred only to such details of elections
|ng by ballot or viva voce, voting on
or separate tickets, electing by ma
plurality, Ac. Every one of the
provided against ia these acts were
' against by State laws In every State
lion, and he declared that there had
jfore been attempted so daring and
ns a step to rob the States of one of
efest Jewels-the right to guard the
?their own elections, and bring that
Yht within the rapidly increasing cir
;ral powers.
Mn attempted no reply to this argu?
ment, the ?ourt reserved its opinion, and the
district attorney then called the cases of
Samuel G. Brown and John S. Miller jointly,
indicted for a conspiracy to prevent divers
male citizens from exercising the right of
votlog in October, 1872. Both the defendants
ever-present, and Mr. Brown, who ls a fine
looking gentleman of venerable appearance,
pleaded guilty, but asked leave to put In affida?
vits in explanation of his plea. The panelling
of a jury for the trial of Mr. John S. Miller
wa3 then begun. The counsel had the same
remarkable material to select from as in
former oases, and the jury, as Anally empan?
elled, consists of eleven colored and one
white man, all Radicals, of course. One
venerable shade, who has been extremely
regular in his attendance, both at the court
and the pay table, begged off on account of
sickness. He was tola to descrioe his symp?
toms, which he did by rubbing his hands piti?
fully over his abdomen, and declaring that be
had *'a heap 'o misery in his stomach.'' He
The trial of Mr. John S. Miller then pro?
ceeded. The government called as witnesses
Elias Ramsey, Andrew Kirkpatrick, John
Ramsey, Samuel Ferguson. Thomas L. Berry
and Lawson B. Davis, all Ku Klux of the con?
fessing sort, who testified to various romantic
occurrences in York County, part of which
they had Been and part of which they had
heard of, but in each case failed to con?
nect Mr. Miller with the organization. They
were each forced to admit, on their cross ex?
aminations, that they had not seen Mr. Miller
initiated, had never seen him attend any
meeting but one, which he might have at?
tended out of curiosity, and had never seen
him with a Eu-Elux disguise, "signal, instru?
ment," or even with a pistol. Another
singular circumstance about these wit?
nesses, which ought to surround their
testimouy with a great deal of sus?
picion, ls as follows : These witnesses
were, every one of them I believe, impleaded
in the very same indictment that contained
the names ot Messrs. Brown and Miller, but
the district attorney this morning, in calling
up the indictment, staffed that he would omit
all the names except rhosj of Messrs. Brown
and Miller, lor the ostensible reason that the
rest were to be Included in other indictments
and tried In different ways. This would cer?
tainly seem to Indicate that these witnesses,
In return for testilylng against their more re?
spectable neighbors, were to go free ot pun?
ishment for the crimes to which they are so
ready to confess, If, indeed, in addition to their
freedom from punishment, they be not also
liberally paid for their testimoay. PICKET.
Ay ABUSE OF THE PARDOXIKG
POTTER. N
Titree L.u?ty Vagabonds Turned Loose
to Prey Upon a Community.
? _
BEAUFORT December 26.
TO TOE EDITOR OF THE SEWS.
We dwellers in Beaufort and vicinity have
another precious specimen of Governor Scott's
wisdom and beneficent action in the exercise
of the pardoning power. He has heretolore
exercised this power in behalf ot criminals
convicted In this county to such an extent as
to thoroughly unsettle the confidence of our
citizens in the possibility of restraining crime
and protecting their property. Every mur?
derer goes unhung, and persons guilty of
gross crimes are soon back again to prey upon
society, especially if they are men "inside
Gillies" and useful as political tools. At the
it sessions held In Beaufort by his Honor
Judge Thomas, three noted scoundrels from
the Island of St. Helena were, after a careful
trial and vigorous defence, convicted of grand
larceny, and sentenced to the penitentiary for
three years. And; never did three men more
richly deserve it. vThey had been the terror
of the community where they lived for a long
time. No one felt secure with his property.
Stores were broken Into, cotton was stolen,
cows, hogs and fowls went their owcers
knew not whither; only ai they knew these
men to be night-walkers, and to have no visi?
ble employment, excepting on election days,
and to live well, fat and defiant. At last the
store of Messrs. Nichols & Co. was broken
into under such circumstances as led to the
detection and conviction of these men. And
since their abs. nee at the "State Hotel," the
term of relief has been most comforting to
both white and black, and people began to
feel that they owned their own property, and
did not feel In danger of waking up in the
morning to find thai idle vagabonds had ap?
propriated t'.:e results of their own labor.
But so grateful a relief was not to last long.
These men were political 1"cat's-paws;" they
belonged to the '.militia'' as officers; they
were of service to" men In power; they are
sent back to prey upon society with renewed
boldness ana Impunity, and eoalety must
sn tier as well from that demoralization which
always results from fat and lusty rogues going
unpunished when convicted ol crime, and
holding at the same time positions in the com?
munity of honor and trugt. We all feel here,
those whose opinions are worth anything,
that a grave outrage has been committed on
thia community. PRO BONO PUBLICO.
TBE H.I Ii.VAS HURDER.
[From the Lexington Dispatch.]
A most atrocious murder was committed,
near i his village, on Tuesday night, the 19th
Instant. Mr. Monroe H. Harman, the steward
of the poorhouse, left the village for that
place about dark and when about a mlle from
the village near the fourteen-mile Creek and
In the public road leading to Wyse'a Ferry,
was shot with two balls-one in the back part
of the head and the other In the spinal coln mo.
The bail In the head p^assed through and
lodged against the skin on the opposite side.
He was doubtless killed Immediately, and the
probability is, by parties unseen by him. His
body was found In an hour or two after he was
killed by persons passing the road. Suspicion
very soon rested on some colored boys of the
village, three in number, and ranging In age
from sixteen to eighteen years.
A Jury of Inquest was impaneled, and after
an examination as thorough as they could
make, their verdict was: "That irom the evi?
dence given in the investigation implicates
Simon Black, Jacob Johnson, otherwise called
Jacob Eddy, and Solomon Nophlet as princi?
pals or accomplices In the above stated wilful
murder of Monroe H. Harman." These boys
were arrested and are now In jail.
There can be no doubt but that the killing
wits for the purpose of robbing Mr. Harm in,
as lt was supposed he had money on his per?
son. In this, however, they were mistaken.
On leaving the villaze in the evening he had
left his pocket-book'and what mo^ey he had
with his mother, who resides in the village.
When his body was found his pockets were
discovered to be turned inside out.
Mr. Harman was a Cunt.-derate soldier-a
lieutenant in Company K, Twentieth Regi?
ment, South Carolina Volunteers. He waa
severely wounded In the battle of the 19th
October, 1864, in the Valley of Virginia, taken
prisoner and remained in prison until the sur?
render. His wound was severe, causing the
total loss ot one eye, and greatly impairing
the sight of the other. He was very poor, ana
leaves a wife and two children.
As might be expected, tils brutal murder
has caused intense feeling in the community,
and that feeling seems to be greater, If pos?
sible, among that class to which the prisoners
belong (the colored) than the whites. We
forbear comment. The parties suspected are
in prison, and it is due to them, to public
Justice, and to the quiet and peaceable contac?
ter of our people, that no improper influences
should be brought to bear to prevent a fair
and impartial trial of the accused.
DID KETCaUM POISOS HIMSELF?
ANNAPOLIS, MO., December 28.
Mrs. Wharton's servant, who wait-?d on
Ket c imrn, in giving a detailed account to-day,
slated that Ketchum said he would ?deep lt off.
The doctor had left but one dose of medicine,
which Ketchum said was not enough, so he
would take adose of bis own. The servant, in
making Ketchum's bed, found a vial under the
bolster. The Bervant lett the vial in Ketchum's
room; told Mrs. Wharton about the vial;
brought It down anti showed it to Mrs. Whar?
ton, who told me to put lt away. Never saw
the bottle before finding it under Ketchum's
bolster. Saw Ketchum take medicine in Mrs.
Wharton's house last summer; asked Ketchum
it he would have a spoon; he said no, that he
?enerally drank what he thought was a dose,
he servant did not know what the medicine
was.
THE CUB AX REBELLION.
NEW YORK, December 28.
A Havana letter says the civil portion ol
the Cuban Government has been abolished,
and the whole power is vested in the military.
A thousand rifles, by the steamer Webster,
safely reached the Cubans.
THE ARKANSAS TROUBLES.
FULL PARTICULARS OF THE SEOR O
RAID OX LAKE VILLAGE.
The Killing of Wynn and Harder of
the Whites.
The correspondent of the World, writing
from Washington on the 21th instant, says:
Semi-official details of the great Insurrection
in Chlcot County, Ark., have been received
here to-day. An election was held In Chlcot
on the 7th to decide whether the-county court
should subscribe $100,000 to two railroads
about being constructed In thc northern border
of the county. The result was the authoriza?
tion of the subscription, and on the 11th a
number of white and colored men met In a
saloon at Lake Village, and while discussing
the vote, one Wynn, a colored carpet-bagser,
formerly of this city, became Involved in a
dispute with John H. Saunders, a white resi?
dent planter. The latter complained that
persons who had no Interest in the county
had taxed people to enrich speculators. In
effect Wynn retorted that the vote was all
right, and that the colored people were the
majority, and would run the county-if Saun?
ders didn't like it he could emigrate. The
dispute waxed warm, and the earnestness of
the parlies and the amount of liquor they had
drank caused an altercation between Wynn
and Saunders. The former was an athletic
man of twenty-eight years, the latter in feeble
health and past middle age. Finally Wynn
gave Saunders the He, added an offensive
epithet, and struck bim. Saunders grappled
with him. and Wynn drew a revolver. Before
he could use it Saunders stabbed Wynn with a"
knife lying on the counter, from the effects of
which wound the latter died in a few moments.
Saunders was arrested as principal and Gar?
rett and Lugan, resident citizens, as accesso?
ries to the murd-r.
The probate judge, James M. Masson, the
negro who recently refused the Liberian
mission tendered him by Grant, sent runners
Into the country for the negroes to repair with
their arms to Lake Village, and within three
hours the town was filled with an armed mob
of how!! 'g negroes, who demanded that the
white prisoners be given to them. Mrs.
Saunders plead with Masson to save her hus?
band's Hie, and Masson re pl ?ed that he would
do so for the reason that during the war Mr.
Saunders had persuaded the rebels not to
bang him (Masson.) In accordance with this
promise an armed guard of fifteen negroes
was placed around the Jail, and although great
excitement pervaded the colored people,
nothing violent occurred until neon ot the
15th, when over one hundred mounted
negroes galloped Into town, and surrounding
the Jail, sent a deputation lo the sheriff de?
manding of him the prison keys. This request
was denied, but a second demand, coupled
with a threat that the sheriff's life would be
the penalty of refusal, caused compliance, and
so soon as they were obtained, the mob, who
had In the meantime fraternized witli the jail
guard, entered the jail, and taking therefrom
the three white prisoner?, marched them to
the rear ot Masson's house, where they were
shot and their dead bodies bayoneted.
The rioters then broke open Garrett's store
and gutted lt, after which they retired to a
field near the town. Masson and other lead?
ing negroes were near the Jail when the mob
entered the town, knew of their demand, wit?
nessed the raid on the Jail, but did nothing to
allay the excitement, lt being well known that
Masson exercised complete control over the
negroes. It was feared that his failnre to
have saved at least the life of Saunders was
indicative of a willingness to permit other
lawlessness, and consequently all of the white
citizens who could obtain conveyance left the
town.
The mob remained in arms, and caused lae
county court to vote six dollars a day to the
guards who had aided them In the triple mur->
der. On the 17th one of the refugees sent a
note to the sheriff, requesting him to see that
the rioters did not damage the property of
those who had been forced to leave. On the
18th the sheriff replied that he was unable to
comply wtthThr request, for the reason that
he did not deem lt sate, under the present
state of affairs, to VIBU the bouse of any old
citizen.
Advices from Chlcot of the 20th report the
negroes still In arms, and they have Informed
their leaders that they will not disband until
the white men are driven from tte county. In
the meantime, the leading Republican and
Conservative citizens, together with the Re?
publican sheriff, have applied for regular
United States troops to be ordered to the
scene. The acting Governor of ArkanFas, O.
A. Hadley, has been petitioned to unite in the
application, but he has refused action until he
hears from his adjutant, who was sent to Chl?
cot three days alter the application was made.
Telegrams were also sent to Senator Clayton,
in Washington, urging his co-operation, but
he refused it, and refused to see the Presi?
dent until the Governor was heard from. The
citizens fear that, if State troops are ordered
oik. additional damage will be the result, tn
that either they will fraternize with the mob
or that a collision will ensue creating loss
of life. For these reasons regular troops are
wanted.
. THE B O WE y- DELA ROE WAR.
A Card from Congressman DeLarge.
To my Friends and Hie Public:
I respectlully desire to contradict the state?
ment now current that I have abandoned all
claim to my seat In Congress, and have com?
promised with the contestant. Hon. C. C.
Bowen. Such statements, I simply say, are
false and malicious. Believing that I was duly
and legitimately elected to the seat I now hold*.
I intend to defend my right thereto with all
Chu lawful means at my command. My attor?
ney, C. W. Buttz, has perfidiously placed In
the bands of A. C. Richmond, clerk of the
Court of General Sessions and Common
Pleas, for Charleston County, (the warm
friend and partisan of the contestant,) all
the testimony taken In my behalf, to
prove which tact I have the Indisputable evi?
dence in the handwriting of the aforesaid at?
torney, who has since declared himself the le?
gal representative ot the contestant, Hon. C.
C. Bowen.
From the foregoing facts my friends and
the public at large can well judge whether or
not I would, under the circumstances, volun
tarv vleld my right lo a seat In the Congress
of ih? United States.
Very respectfully, R. C. DELARGE.
TUE WEATHER THIS DAY.
WASHINGTON1, December 28.
Cloudy weather will probab'y extend very
generally on Friday from the Atlantic coast, to
the Western plains, and the barometer fall,
with stationary or rising temperature, over
thia area. Southeasterly winds, with rain on
the Gulf coast, and with threatening weather
In the Southern and Middle States. Danger?
ous winds are not anticipated for the Atlantic
coast to-night.
Yesterday's Weather Reports of the
Signal Service, U. S. A.- 4.47 P. AL,
Local Time.
Bi 5 ^ S
5? 3 5? g
Place or 5 e* c o-S o
Observation. : 3. s : tr "2
? B> a ' ? a
: ? :: : & ?"
Al(EuB:a, Ga....:30.4s; 51 E Light.
Baltimore. 30.57! 27 SW Gentle.
UuBt m.?30.47 ?ii sw Gentle.
Charleston.30.4N 48 NE Gentle.
Onicago. 30.22 17 SE Urisk.
Cincinnati.SJ.rt ss E Gentle.
Galveston. 30.25 Si,SE Gentle.
Key Weat, Fta..i20 io! 77 E Fresh.
Knoxville. Tenn. JO.37| 35 NE Gentle.
Memphis. Tenn .,30.29 49 S Gentle.
Mt. Washington. ?29.77 lift W Fresh.
New Orleans.... 30.28 66 NW Fresh, i
New Torfe. 30.63? 21: W Gentle.!
Norfolk. 30.63| 29KE Gentle, i
Philadelphia_ 30.57 23, W Gentle. ;
Portland. Me.... 30.44 15 sw Gentle. 1
Savannah. 30.46 49]NE Fresh. 1
St. Lents.?30.08 29 .iE Fresh.
Washlngton.DC. 30.53 2713 Gentle.
Wiimington.NO. ?0.53 45 E Gentle, i
KOTB.-The weather resort dated 7.47o'ciock,
this morning, wm be posted In the rooms of the
ctiamber of Commerce at 10 o'clock A M.. and,
together with the weather chart, may (by the
courtesy of the Chamber? be examined by ship?
masters at any time during the day.
ABOLISH THE FENCE LAWS.
A Plain Statement of the Pros and Cons
of thc "Unlawful Fence" System-The
Advantages of the Change Proposed.
TO THE EDITOR OF THE NEW3.
ORAXOEBDBG, December 23.
The bill now before the Legislature In rela?
tion to fences, lt is to be hoped, will become
a law. The advantages to be gained from
such a law are of inestimable Importance to
all who engage In agricultural pursuit?, as
well as to the small land-owner, the tenant or
lessee as to (he proprietor of large estates.
Fencing lands for cultivation Is attended
with an enormous expense, an expense of
which few. conceive, but which ail agricultu?
ral classes share. We have lt upon the au?
thority of writers r, ho have given attention
to the subject, that the cost of fences in the
United States up to the present time exceeds
In value all the real and personal property in
them. This should be a convincing argu?
ment to any intelligent mind that the system
is detrimental, and, therefore, should, as far
as practicable, be abolished.
Do away with fencing lands for cultivation
and you reduce the price per acre for rent,
without detriment to the lessor, and with
gain to the lessee. In leasing the price is
regulated s ) as lo cover the cost of repairing
the fences. The lessee is taxed to meet this
expense in the higher price demanded, while
the lessor ls nothing the gainer by it, a cer?
tain percentage having to go for the neces?
sary repairs. Besides, t he wages of the laborer
would Increase in proportion to the decrease
of the expenses of the planter. Distances
would be shortened, as in many cases travel?
ling could be done along the "turn rows"'
through the fields. The annoyance of ob?
structing roads with fences tor convenience
and economy would cease. Fertile spots bor?
dering on and in the angles of branches and
swamps, which could not oe fenced in without
great expense, would be brought under cul?
tivation.
Under the existing state of things, many
planters, besides having their planting lands
enclosed, rind lt necessary to keep their stock
tenced In also. They have to do the latter In
self defence. The fences of their neighbors
are so deficient as to Invite animals the least
inclined to jump within their pretended en?
closures. The planter, through the neglect of
his neighbor, must either submit to having
his stock spoiled and perhaps shot, or enclose
them by a good fence of his own. He chooses
to do the latter, and thus he 1? doubly taxed
for the benefit of .an unthrifty neighbor.
Why not tuo said neighbor, and recover
damager for not having a lawful fence ? Here
ls the point. The difficulty of proving the
fact is the obstacle In the way. Such a remedy
has been at hand In South Carolina almost
from time Immemorial, and how many plant?
ers have kept what are termed lawful fences ?
It would be the most difficult matter to en?
force such a law, especially at this juncture of
affairs In the history of the State. Besides,
once stock have learned well the art of Jump?
ing, a lawful fence would ba no barrier to
them.
But let a law be passed requiring every
owner ot stock to keep them fenced In, and Its
virtue can be enforced. It would be easy
enough to take up estrays and hold them In
custody until the damages were paid. Owner?
ship of*the animal would be proof sufficient to
Identify the violator of the law.
The small land-owner may content himself
with the Idea that as he bas only a few acres
to fence the expense will fall lightly upon him.
But such ls not the case. The cost of fencing
a few acres ls greater in proportion than that
of a large number. For instance, lt requires
only twice the number of rails to fence sixty
four acres that it does sixteen acres, while there
ls four times the area enclosed. The greater
the number of acres to be enclosed, the less
the expense In proportion.
The question may be asked, what will be?
come ot the stock of those who own no lands ?
By the same custom of the country which
allows those to live In houses who do not Own
the lands upon which the houses are built,
the stock of the landless will be allowed to go I
upon the range of others, except that they
will have to oe enclosed. In a very short
while land owners will have enclosures upon
their lands for tin accommodation of the
stock of their tenants and hirelings.
PAYSAN.
FIGHTING THE TIGER.
John Morrissey Wants Ten Thousand
Dollars from a Wealthy Cincinnati
Hunker on an Old Gambling Debt
Suit ls Brought.
[From the Cincinnati Commercial, Dec -mber 20 ]
On the night of February 20 last, at about ll
o'clock, a well known Clnclnnatlan of large
fortune, and occasionally of very large and
liberal views of matters and things in general,
seated himself among the players at the faro
table In John Morrlssey's nouse, No. 5 West
Twenly-fourth street, New York. He was
somewhat under the Influence of liquor, and
of course owned the world and waa in luck,
"in his mind." He started In to do there
what he has sometimes done here during the
last ten years in the way of a big play.
But he was not disposed to "change
In"' any money. His word was good
for "chips" to a limited amount, as he
was known by reputation to some of the
people of the house, and was accompanied by
Hr. Bolly Le wis. So he played on his credit,
and lost, and continued to lose, until there
were "markers" against bim Jn the "chip
rack" to the amount of about three thousand
dollars. At this point Mr. Wm. Mead, one of
the house, stepped forward, tapped him on the
shoulder and remarked that he bad better quit,
as the house was not in the habit of turulng
high into the thousands against markers, par?
ticularly those of comparative strangers. This
suggestion was made in a tone and manner
calculated to be Inoffensive. The Cinclnnatlan
was slightly nettled, however, and insisted on
playing, declaring that he was good for a ten
thousand dollar 103lng at any time; his Irlend
Lewis would vouch for that. Mr. Lewis
did vouch for Li; he declared Mr.-to be a
man ot honor, (at least he had always found
him such,) worth half a million, and as
good as his word in paying a debt of honor.
Mead was reluctant to allow aay further credit
play, but at last coesented that the indebted?
ness should reach $5000 or be wiped out. So
the play proceeded, the Cinclnnatlan stacking
up tue reds and blues lavisbiugly, and always
with bad lucie. There was nothing very sen?
sational about the affair, a play of that size
being an ordinary thing in New York gambling
houses. In fact, our Cincinnati credit system
Slayer did not attract half so much attention
y his play as by the exposure he made of
himselt when the $5000 point was reached and
he again insisted on further credit. The man?
ager of the game again refused, was again met
with assurances of Mr.-'s honor and abili?
ty, and finally, after a rather angry discussion,
allowed him to proceed, and at length to leave
the house $10,000 in debt to lt, on his word of
honor os a gentleman who owned "a bank in
Cincinna;;, and was amply able to pay twenty
five times that much."
On the following dav Mr. Mead called at the
Clnciuuai ian's hotel and reminded him ofthat
indebtedness; a draft or a check would be a
very clever way of cancelling lt. He was met
by the reply that he ought not to have allowed
the play. To make a long story short, the
Cinclnnatlan positively wasn't inclined to pay
-just then, at any rate. His brother, who
was In New York at the time, was appealed
to, but would not move In the gambler's fa?
vor, and the loser returned to this city, leav?
ing his word for $10,000 in the drawer of the
bank, where lt remains to this hour. Then
there was correspondence on the subject,
Morrissey threatening exposure lr the udebt
of honor" was not paid. When the Honorable
John passed through this city on his way to
New Orleans last spring he was strongly in?
clined to publish his customer, but was dis?
suaded by lrlends of tne latter.
At last things took shape, day before yester?
day, when William H. Mead, of New York, re?
gistered at the Burnet House, and short'y alter
made his way to the office of his friend. On
his way out he met his man, but not being posi?
tive as to his identity, kept on to his office,
reaching which he was Informed that the object
of his tr.p had "gone to the bank." Return?
ing, he called at the bank, beckoned his friend
out from the back room, and made a last de?
mand for a settlement. He wanted $10,000, ol
Borne good excuse for the non payment, bul
could get neither. The agent then made ur.
his mind to the exposure. Morrissey had in?
structed him to use all means to get a settle
ment of eome kind, toiling in which snit waa
to be brought. He retained Forrest & Linde?
man, and they yesterday drew up the petition,
claiming ten thousand dollars for value re?
ceived.
The nature of the transaction does not ap?
pear in the petition. It will be necessary for
the defendant to show that when he pleads
the gambling act In answer, and, of course,
the snit must necessarily go against the
plaintiff.
THINGS IN NEW TORK.
NEW YORK, December 28.
Tweed's whereabouts ls known to the sheriff;
he has never left the city, and has no such In?
tention. The Justification of his bondsmen ls
progressing. The sheriff's attaches express
the opinion that the ball will be entirely settled
to-morrow. The Times says O'Conor opposes
the indictment of Mayor Hall.
The Central Bavlngs Bank on Sixth avenue
and Forty-second street bas suspended.
Michael 0. Murphy, a postofflce clerk, has
been held In three thousand dollars bail for
embezzlement.
The Broadway Bank has received twenty
thousand dollars In a worthless check. At
Newark a bank was victimized for the same
amount by the same person.
There were one hundred and eight cases of
measles last week.
James H. Hackett, the actor, ls dead.
THE OLD WORLD'S NEWS.
LONDON*, December 28.
The Prince o? Wales had a good night. The
Archbishop ot Canterbury has ordered the
special prayers discontinued.
ROME, December 28.
A decree has been issued inaugurating a
commercial treaty with the United States.
MA.DK D, December 28.
It is reported that Marshal Concha has been
appointed captain-general of Cuba. Admiral
DeBarnabe succeed - Senor Roberta as minister
at Washington.
SPARKS FROM THE WIRES.
-The Rev. R. J. Breckinrldge ls dead.
-The sliver mines ot Arizona are assaying
Immensely rich.
-Dr. Wolf Howe was yesterday consecrated
bishop o? the new central diocese of Pennsyl?
vania.
-The United States steam frigate Chatta?
nooga sank at League Island, near Philadel?
phia, yesterday, supposed to be cut by the
ice.
-Nine hundred and twenty-eight tobacco
factories in the United States are bonded, for
compliance with the laws, to the amount of
eight million dollars.
-The famous Elgle cotton case, involving
some four hundred thousand dollars, will be
argued before the .Court of Claims early In
January.
-The steamer Florida, from New Orleans
hence for Apalachicola, foundered In the Guli.
The crew, except John Reed, colored, escaped.
The Florida was valued at $20,000. No Insur?
ance.
A GALA TIME COMING.
Amuicmtnti for the Week After Next
A Tournament and a Race-The Ex?
cursions Down the Harbor.
The drawing of the South Carolina Land
and Immigration Association lakes place
on Monday, January 8, when the lucky ones
will find themselves suddenly wealthy at the
turn of a ten-foot fortune's wheel. All the
ticket-holders within reach will naturally de?
sire to be present, but many who would then
visit Charleston had given up the Idea be?
cause of the tightness of the times. It was
evident, however, that lt would largely bene?
fit Charleston and the connecting railroads If
<t large numtwr of Tisuuw tran fr*M*B*|Ha*UM)L
to run down (or a few days, and some of our
progressive young merchants have accord?
ingly taken up the matter In a way that
promises to make the week after next a gala
time, surpassing the week ot the Masonic
celebration.
The first point was to 3ee what the railroads
would do. The Northeastern Railroad Com?
pany and the Savannah and Charleston Rail?
road Company were interviewed, and seeing
the Importance of the movement, they cheer?
fully consented to Issue return tickets for the
week at a single fare. Of course the roads
will gain by the concession. They will largely
Increase their passenger business without ad?
ding to their expenses, and they will find a
large profit In carrying to their destination the
goods which the visitors will certainly buy In
the city. The South Carolina Railroad Com?
pany have made the same liberal arrange?
ment.
Now for the attractions of the week. There
ls. to begin with, the drawing of the Land and
Immigration Association, with Its Hst of mam
moth prizes. On the Tuesday or Wednesday
there will be racing at the Fair Grounds, and
preparations are in progress for a gran
tournament, with handsome prizes, which wil
be open to the country riders as well as tc
Charlestonlans. In addition to these, we ma
expect excursions to Fort Sumter and tnt
islands and to the phosphate works, besldei
the myriad charms of Charleston In this gio
rlouB winter weather. This will make whai
the theatrical people call "a big bill," ?jd 1
will be given with the whole strength of th<
company.
We are glad, Indeed, to make this announce
ment. It !s a sign of livelier and more enter
prising times. It is a good omen lor Charles
ton. What ls need-d now is for all persons t<
give the project their earnest and active assist
ance for the lasting good of the eily.
SALES OF REAL ESTATE.- The following cit
real estate was disposed of yesterday morniuj
at public auction:
By J. Drayton Ford: Lot on the norihwes
corner of Rutledge avenue and Flshburnt
Btreet, one hundred and eight feet in front b\
four hundred and thirty feet deep, for $1700 -
one-half cash and the balance in one year.
By Leitch it Bruns: Three and-a-ualf storj
brick store and residence at the southeast cor
ner of East Bay and Adger's south wharf; ld
twenty-four feet m front by ninety-three fee
In depth, for $3000.
Two-and-a-half story brick storehouse ot
north side of Vanderhorst's wharf, runuin;
through to Adger's wharf, twenty-four feet it
front by ninety-three feet on alley running tc
Adger's wharf, for $2000. Terms of above sales
one-third cash, and the balance in one and tw<
years.
Lot with two-story frame dwelling on In
spectiou street, three doors we3t of wharf
thirty feet in front by one huudred and twent;
feet deep, for $400.
Lot with two-story wooden house, No. 2i
Mazyck street, twenty-seven feet in front b,
one hundred and twenty-five feet deep, lo
$1000. Terms of the above sales one-half cash
and the balance in one year.
Lot with two-story brick building on th
east side of Colonnade row, Vendue Range
running through to Accommodation wear!
twenty-two feet on range by fifty-four feet i
depth, for $1300 cash.
The fine lot on the west side of Meetln
street, adjoining the store of E. B. Stoddard .
Co., was also disposed of by Messrs Leitch .
Bruns for cash.
BTLL HEADS printed on fine paper at $3, ?
$5, $6 50 and $8 50 per thousand, accordin;
to size, at THE NEWS Job Office.
yoxixATioy.
TO THE EDITOR OF TOE NEWS.
Please announce the name of Rufus C
Barkley, Esq., as a candidate for the Clerk ol
I the Board of Firemasters, and oblige
MAST FIREMEN.
iflarneo.
GOWAN-LANNE *U. - On Tuesday evening
26th December, by the Rev. J. L. Glratdeau, D
D., Rev. PETER GOWAN to SARAH LOUISA
daughter of thc lata Bazlle Lannean, a.l o
Charleston, S. C. No cards. *
SADLER-DELAIGLE.-In Au?usta, Ga., or
the 20th instant, at the residence of the bride'i
suter, by Rev. W. J. Hamilton, Mr. 0. M. SADLER
ct Charleston, S. C.. to Miss MART, daughter o
the late Charles DeLaigle, Esq.
JARVIS-ROSIS .-Oa the evening of the 21s
instant, by the Rev. John Moore, at the resident
of the bride's rather, REUBSN B JARVIS to MARGA,
BET M.. daughter or Joseph Rosls, both or tai
city.
MCBRYDE-HursON. - In the Presbyterial
Church, Orangeburg, S. C., by the Rev. Edwarc
Palmer, the bride's grandritiier, on the 26th in
stant. Rev. JOHN T. MCBRYDE and FRANCES S
HOTSON, youngest daughter or Wm. F. Hut ion
No cards. .
Special ?ioiirrs.
FIRST NATIONAL BANK Ol
CHARLESTON, CHARLESTON, 2STH DECEM
BER, 1871.-This Bank will b? closed on MONDAI
next, (New Year's Day.)
Notes and acceptances then payable mus
therefore be anticipated. WM. C. BREESE,
dec29 Cashier.
pm* PEOPLE'S NATIONAL BANE
CHARLESTON, S. C., DECEMBER 28, 1871.-NO
TICE.-This Bank will be closed on NEW YEAB'I
DAV.
AU paper maturing on that day most be antic
ipated. H. 0. LOPER,
dec29-2 Cashier.
^PEOPLE'S BANK OF SOUTH CAE
OLI NA, CHARLESTON, DECEMBER 29, 1671.
Mos DAY next bsing New Year's Day, this Bani
will be closed. JAMES B. BETTS,
dec29 Cashier.
FIBST NATIONAL BANK Ol
CHARLESTON, CHARLESTON, 28TH DECEMBER
1871.-DIVIDEND NOTICE.-A Seml-Aanual Div
dend ot SIX (6) PER CENT, or SIX DOLLARS PEI
SHARE (free or tax) having been declared by th
Board or Directors, the same will be paid to a tock
holders on and arter JANUARY 2D, 1872.
dec? WM. C. BREESE, Cashier.
NOTICE.-THE BRITISH BAR]
"STORMY PETREL," S. w. DICK, Master, rroi
Cardiff, has been entered nnder the Five Day Ac
All gooda not Permitted at the expiration of thc
time will be sent to the public stores.
dec29-5 HENRY CARD, Agent.
pa- OFFICE CHARLESTON GASLIGH1
COMPANY, DECEMBER 28, 1871.-The Board (
Directors or this Company having declared
SEMI-ANNUAL DIVIDEND OF SEVENTY-F1V
CENTS PER SHARE on the Capital Stock of th
Company, the Bams will be paid to Stockholdei
on and arter TUESDAY, 2d January, 1872.
The Transfer Booka will be closed from this dal
until the 2d January, 1872. W. J. HERIOT,
dec28-5 Secretary and Treasurer.
J3W- SHIRR A'S DISPENSARY.-A :
election for ONE PHYSICIAN, to serve for the ei
suing year, will be held on SATURDAY, 30th D
cember, Instant. Applicants for the office w:
deliver their letters to 7-ILMOT G. DE3AUSSUB1
Secretary or Trustees, before ll A. M., or Satn
day, 30th Instant. dec28
T*1 m CITY HALL, OFFICE CLERK 0
COUNCIL, CHARLESTON, S. C., DECEMBER 2
1371.-Estimates will be received at this office nn<
the 6th of January, 1872, at 12 M., f*r the bulbi lr
ora PLANE ROAD on King street, from She
herd street to City Boundary. Same to be mat
per rnnnlng foor, according to the plans at
specifications in the City Engineer's office.
Estimates to be directed to Committee on Co
tracts. W. W. SIMONS,
dec27 9 Clerk of Council.
SOUTH CAROLINA LOAN AN
TRUST COMPANY-SAVINGS DEPARTMENT.
Depositors are requested to leave their Books
be credited with the Jannary Quarterly Interei
due 1st proximo. AU Deposits made on or befo
the 20th January wUl bear laterest from the ist
January.
Interest Six Per Cent, compounded qua teri]
dec22-rmwl2 F. A. MITCHELL, Casi
fm- THE BEST PLAN TO SECUli
something tn the BUTLER, CHADWICK A GAI
DRAWING, ls to put bair the amount invested
single tl:keta, and hair In Clubs or sixty-tn
There ls one prize In every sixty-two tickets.
Parties wisUftg to J oin Clubs of sixty-two
leas, wm and Clnb Lists open at Ko. 29 Bro
street.
Any smaller Clnb formel that wish tolneret
the Bizi or Club, can do so by applying to n
who will add them to 6maller Clubs now form*
EBEN COFFIN, bub-Agent,
Onice, E. M. Moreland, No. 29 Broad Street
dec22
CITY TREASURY, 23D DECEJ
BER, 1871.-By resolution cr Council, City Tai
tor 1871 wlU be received at this office without t
penalty until the 30:h instant, inclusive.
On the 1st January, 1372, executions for alu
paid returns must be sent to sheriff.
S. THOMAS,
dec23-fl_City Treasurer
?V THE CHARLESTON CHARIT
BLE ASSOCIATION, FOR THE BENEFIT OF Tl
FREE SCHOOL FUND.-OFFICAL RAFFL
NUMBERS.
CLASS NO. 263-MORNING.
55-13 - 9-41-67-63 -24-50-77-76-15
CLASS No. 269-EVENIXO.
9-63-36- 7-1-52- 8-58-26-15-22
A8 witness our hand at Charleston this 23th d
or December, 1871. FENN PECK,
JAMES GILLILAKD,
oct3 ? Sworn Commissioners
^NATURE'S OWN REMEDY.-CE
TAIN CURE FOR HEADACHE, Dyspepsia, I
eases of the Kidneys, Ac-SARATOGA PAV
ION SPRING WATER. Try lt. For sale by
Druggists. decl3-3m
^SCREVEN HOUSE.-NOTICE '
PARTIES INTERESTED.-Major JOHN W. Ci
ERON has consented to conduct, and ls duly
pointed Manager ol the SORE TEN HOUSE.
dec20 imo R. BRADLEY.
^.ON MARRIAGE. "Sa;
Happy relier 'or Young Men rrom the effe
or Errors and Abuses In early lire. Manhood
stored. Nervous debility cured. Impedlme
to Marriage removed. New method or tr<
ment. New and remarkable remedies. Bo,
and Circulars sent free, in sealed envelopes. .
dress HOWARD ASSOCIATION, No. 2 Soi
Ninth street, Philadelphia, Pa octl
?JSsT-BATOHELOR'S HAIR DYE.-TI
SUPERB HAIR DYE ts the best in the world-\
tectly harmless, reliable and Instantaneous,
disappointment. No ridiculous tints or nnplc
ant odor. The genuine W. A. BATCHELOR'S Hi
DYE produces IMMEDIATELY a splendid Bl
or Natural Brown. Doe3 not stain the skin,
leaves ne hair clean, sort and beautiful. '
nly Sare and Perfect Dye. Sold by all Dr
gists. Factory No. 16 Bond street, New York.
jan23-mwriyr
WRAPPING PAPER FOR SALE.-0
NEWSPAPERS m large or small quant, t
Jrtce 60 CENTS PER HUNDRED. Apply at
Office or TUE NEWS. may]
airrj ?ooos, Ul.
FOR
BLACK SILKN
GO TO
J. R. READ'S.
FOR
PLAIN COLORED SILKS,
IN POULT DE SOIE AND JAPANESE,
J. R. READ'S.
FOR
BLACK ALPACAS,
AND
BLACK CASHMERES.
J. R. READ'S.
FOB
BLACK MOHAIR CORDS,
BLACK SATEENS AND BLACK MERINOS.
_J. R. READ'S.
FOR .
BLACK SILK VELVETS
USD
BLACK AND COLORED VELVETEENS.
J. R. READ'S.
FOR
RICH DRESS GOODS
AND
MEDIUM PRICED DRESS GOODS.
J. R. READ'S.
FOR
GLOVES,
(HARRIS'S "SEAMLESS" KID CLOVES,)
ALSO, FRENCH KID GLOVES IN VARIETY,
One and two Battons, $1, |125 and $1 M.
J. R. READ'S.
FOR
HOSIERY
J. R. READ'S.
FOR
RIBBONS, FANCY NECKTIES,
HANDKERCHIEFS. LACES AND EM?
BROIDERIES.
J. R. READ'S.
FOR
GENTLEMEN'S SCARFS,
NECKTIES, LINEN SHIRT FRONTS, HAND?
KERCHIEFS AND GLOVES.
J. R. READ'S.
FOR
LICE ll Ul COLLARS,
SETS AND SLEEVES, INFANTS' CLOAKS
AND ROBES.
J. R. READ'S.
FOR.
TABLE DAMASKS, NAPKIN8,
TOWELS AND WHITE LINENS, LINEN
AND COTTON SHEETINGS.
J. R. READ'S.
MELS, LOUTH,
CORBET8 AND UNDERVESTS.
J. R. READ'S.
FOR
CLOAKS AND SHAWLS,
LADIES' SUITS, CHILDRENS' CLOAKS,
LADIE3' JACKETS, SACQUES, 4c.
J. R. READ'S,
OCt27-tnttas6mos No. 963 KINO ST.
(To,let tub faneri (So:Os.
FRENCH, ENGLISH
AND
AMERICAN EXTRACTS,
SOAPS,
POMADES,
HAIR OILS, &C.
JEAN MARIE FARINA'S,
VIOLET'S
AND
AIMAR'S PREMIUM
COLOGNE WATERS
AT
Corner King and Vander*
horst streets.
dec20-12
A CHANCE FOR A FORTUNE !
ONLY A FEW DAYS MORE TO SECURE TICKETS
IM THE
GRAND ACADEMY OF MUSIC DRAWING
OF THE
S. C. LAND'AN'D IMMIGRATION ASSOCIATION.
TICKETS promptly forwarded, by mall, to any
part of country apon receipt of the price-Five
Dollars. Address EBEN COFFIN,
dec22-c6w2 Sub-Agent, Charleston, S. 0.
JjB. BAER'S
IMPROVED
VEGETABLE CATHARTIC PILLS
will remedy BILIOUS DISORDERS and
LIVER COMPLAINT-will cure Dyspepsia or
indigestion, Headache, Costiveness, Loss of
Appetite, and have proved of great nae in Neu?
ralgia, Dropsy. Dysentery, Piles, Patna In the Side,
Back and Limbs. They wlil care Sick Headache
and all Derangements of the Stomach. Thea?
Pills contain no Mercury, and may be tetra vito,
perfect aafety by any persona, and In au situa?
tions of Ufe.
No family should be without them.
Manafactured by DE. H. BABB,
Wholesale and Retail Druggist,
Charleston, S. a
Price per box it cent*. Usual discount to tu?
rade.