The Charleston daily news. (Charleston, S.C.) 1865-1873, April 17, 1872, Image 3

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UNITED STATES CIRCUIT COURT. T?jal of Leander spencer ?nd William Smith ?I Conspiracy ?nd Murder. The United States Circuit Court met at the ?suai hour yesterday moraine, and transact? ed the following preliminary business previ? ous to entering upon the trial which occupied th? principal part of the day: On motion of the district attorney, B. S. Thar in, Esq., was admitted to practice in the United States Courts. The cases of Charles Oglesby, P. A. Dawe, James Trammell, Daniel Nicholas and Wil? liam Nicholas, charged with conspiracy, were nolle pro sed hy the district attorney and the defendants discharged. An order was Issued to the marshal for the removal of Hayes Hardwick, William Barnes and Garland Hardwick irom Chester to Charleston. The grand jury returned a trae bill against H. D. Maloy, on the first count, of an indict? ment for violating the internai revenue law. j Julius Brown was found guilty of a viola Hon of the internal revenue law, and fined two hundred and fifty dollars. Henry Clark was lound guilty of a similar offence, and fined one hundred dollars. The cases of Leander Spencer and William Smith were then called, and John F. Ficken, j Esq., appeared for the prisoners, having been j assigned to their defence by the court last I Friday. These defendants are charged with conspiracy and with the murder of Charlie Good, and these are the first murder cases th at have been brought to trial at this term, j They were arraigned, and each pleaded not guilty to the Joint indictment, which charges, first, a general conspiracy to prevent divers I citizens irom voting, in violation of the en forcement act of May'31, 1870; second, a coo-1 splracy on the 7th of March, 1871, against Charlie Good, and tbe killing of Charlie Good; third, a conspiracy agalast Charlie Good because he bad voted la 1870; and fourth, a conspiracy agalast Charlie Good to prevent j bim from voting in 1872. . I Mr. Ficken then said that he desired, just at that moment, and as a matter ol form, to enter I a plea as to the jurisdiction of the court. He I made the point that the Circuit Court of the I United States could not entertain the question of murder or any ot the other crimes alleged in these cases, as by the act of Congress the subject was confined to tbe District Court. He objected, therefore, that the case was lm properly before the court, but he said he mere-1 ly made the objection at that time, so that I they could take advantage of it at the proper time lo the further progress of the case. He j did not propose to make any formal argument upon the question as it bad once before been raised and argued ia that court, and was now pending upon an appeal to the Supreme Court. Judge Bryan. That precise point bas never been argued in this court. ! Mr. Ficken. Wonld the court like to hear I argument upon the point ? I Judge Bond. No, slr. j The process o? empanelling a jury then be gan and was as tedious as usual. By the I ruling oi the court on the previous day but thirty-one names were put into the hat, in stead of the whole number of attending I jurors, und this resulted in abridging to some j extent the effect of the peremptory-challenges I made by the district attorney. The district j a'tor ney freely exercised the privilege Oil "standing aside" the Intelligent looking .white Jurors who were presented, and when the list of thiny-ooe had been exhausted but six jurors had been obtained. It was then I ordered by the court that the names of those wno had treen rejected by the prosecution I,' should be again caliea. By tats mean? turee I, m or? jurors, (white,) who had been ordered I, by the district attorney to stand aside, were obtained and sworn in. Tha Jury, as anally formed, was composed of five white aod seven colored mea, as follows: Jas. S. Green, foreman, white; James T. DaCosta, colored; Charles A. Darling, white; Stephen Hare, colored; Alexander F. Black, white; Ebenezer j M. Wells, white; Samuel W. Getty?" white; j Matthew Wilson, colored ; Samuel Dickerson, colored ; Alfred Birch, colored; John B. Pinck ney, colored; William A. Hay ne, colored. - The Indictment was then read over to the jury, and District Attorney Corbin made his stereotyped speech in opening the case, and called the usual witnesses, who also recited their stereotyped testimony. The first witness was Lawson B. Davis, who related his old story about having joined the I Ku-Klux Klan In York County, and about the costitution, oaths, grips, ?e., of the order. J He also testified that William Smith, the de fendant, and J. Wesley Smith, had come to I bim lo March, 1871, told him of the kllllug of Charlie Good by the Ku-Klux, aod stated that they bad been present at the killing. They came to bim to summon him to assist in the I burying of the body, and he agreed to go with them, but afterward withdrew. He testified I that the purposes of the organization were po- j litical and in the Interest of the Democratic party. * | Thomas L. Berry went over the same testl- I mony that he bad given before, and also testl fled that, on the morning ot the 10th ol March, I 1871, he had been told by J. Wesley Smith of the killing of Charlie Good, on the night ol I the 8tb. Wesley Smith told him that he, with I William Smith, the defendant, William White and Leander Spencer, bad been present at j the killing. Soon alter that, the witness was summoned by J. Madison Smarr to come and assist at the burial of the body, and had gone with Smarr, J. Wesley Smith, William Smith, John Wallace, Pinckuey Caldwell, Mitchell, Allen, Brown and some others. They went to where Good had been killed, and found bis body lying on the ground, tied to a sapling by I a strap. Some lime was thrown over the j body, and it waa then rolled up In bagging and carried to Broad River, where two old plough-shares were strapped to the body and lt .was thrown into the river by Pinckney j Cawwell. ! William White, of York County, testified that be was a member of Alex. Smith's Klan. He was working for J. Wesley Smith, in Marcb, 1871, and was told by him on the 8th of March that he (Smith) had been ordered by three chiefs of the Klan-John Mitchell, Charlie Byas and Madison Smarr-to have Charlie Good killed, and that it had been or? dered tnat the witness and William Smith and Leander Spencer, the defendants, should as slst in the killing. They all refused at first to have anything to do with lt, and tried to dis? suade Wesley Smith, but that night they all went out to the road, being ordered out, as j witness understood, to guard their dwellings. They thea went dowa the road some three hundred yards and met Charlie Good, when Wesley Smith told him to come away from the road a little ways, for he wanted to ask him a few questions. They took him into a field, and Wesley Smith took off one of his (Good's) own suspenders, tied him with lt to a tree, and ordered the witness and William Smith to shoot him. Witness had thought up to that time that the intention was ooly to frighten Good, but he than began to think that Wesley Smith was io earnest, aid ttked hlml?he was. Smith said yes, he was ia earnest. They bad orders to kill him, and must do lt, and that he (Good) bad threatened to kill them because be said they bad been oo a previous rwd against bim. Witness said "let us not i Uli bim," ana asked Good whether he would rather take one hundred lashes or be kir.ed. Good said he would rather take one hundred lashes. Then Wesley Smith again ordered the witness to fire, and he stepped back a few paces, pointed his double-barrelled run at J GooQ and shot him. Wesley Smith then jerked the gun ont of bis band and struck G J od upon the bead and face, breaking the gr.u over his head. Witness could not say that the defend? ants, Smith and Spezfcer, had done anything If they had done anything the wetness bad not seen it. Spencer had been ordered by Wesley Smith to help him fasten Good and had re? fused. They'might bave bel ped In some way, but the witnee8 did notkoow that they did. William Wilson, white, and Wilson wilson, colored, nest testified that Charlie Good had been a qualified voter, and had always voted and acted with the Radical parly, and this closed the testimony lor the prosecution. The ?.defence had no witnesses to offer, and a recess I until half-past seven was ordered by the court. EV E.VINO SESSION. At the reassembling or the court Mr. John F. Ficken addressed the jury on behalf of the defence. He began by a review of the social and political condition of South Carolina in the years immediately lollowing the war. In tbe unsettled, chaotic condition of the country at that time there were established different organizations for relief from the evils that were seen to exist, and that everybody saw and felt. Under these circumstances a body bad been organized for mutual consultation, protection and safety. All of the witnesses had testified that this was their understanding of its objects. That was the spirit in which the thing began. He did not mean to say that it ended there, or that unjustifiable abuses bad not occurred, but lt was doubtless in this spirit that the defendant had joined the organ? ization. To show that they were engaged in a conspiracy lt must be shown that they joined the body with a view of violating some law, bat there was nothing in the whole testi? mony to show that as their object. In the attack upon Charles Good lt was shown that they had not gone into it zealously or willingly, or without duress. It ? was shown that they were driven into lt; that they were forced to act with the party at- 1 tacking Good, and that they only went so far I ' as they were compelled to go. Surely this j1 did not prove any conspiracy on their part. The man who had given the strongest testl- ? mony against them was the man who acknowl- ] edged that he himself fired the fatal shot, but ? even he asserted that he had no understand- ( ingol the scope or objects of the organiza- . lion, and had got away from it as soon as be could. There was nothing, therefore, to show < that these men originated any conspiracy or ? plot against the government, but, on the 1 contrary, everything went to show that they were dupes, that they were tricked Into what 1 they did. All laws upon the subject of con- 1 Bpiracy required that there must be shown an agreement on the part of all the parties engaged in lt to do some certain thing la violation of law, but lt bad only been shown In this case that they had agreed to resist the principles of a certain political party. It was surely no crime to oppose the principles of a political party, because that ls what citizens of both parties are constantly and Invariably doing towards their political opponents. As to the charge of murder, the principal wit? ness, William White, had narrated to them with horrible particularity the whole circum? stances of that affair. He had been appar? ently forced Into the organization and forced to act with lt. He demurred to the orders, and, with the two prisoners, remonstrated and pleaded against them, but without avail. The vic tim waa found, and they were ordered to destroy him. They refnoedv-tbry pteaaeo to be let off, they remonstrated and prayed their leader to be released Irom the deed, but they were ordered to proceed by a power that they dared not resist, and the witness fired the fatal shot, The prisoners did nothing to? ward the murder. They started out with no Buch purpose, and there was no previous In? tention, no malice prepense and aforethought, and, therefore, there was no murder. They were under duress. All were unwilling to obey the orders of the leader, and none but the witness, White, had actually taken part in the murder. The fact of the presence of the prisoners would not m?ke them alders and abbett ors in the crime even if they were lhere voluntarily, but lt was evident that they were there because they were compelled to come by a power which was above them and of which they stood In lear. Mr. Earle replied on behalf of the govern? ment. He said that the prisoners were in. dieted for conspiracy, and he cited various au? thorities to show the method of establishing a conspiracy. In this case he claimed that they had the plainest possible proof in the consti? tution and oath of the organizaron, which bad not been dejiled or contested. It was not merely an organization for lawful opposition to a political party, because the constitution expressed all through a spirit of disguise and mystery, provided for gowns and pistols and signal instruments, and showed by its terms that its objects were deeds of violence and blood. The prisoners, therefore, knew the ob? jects of the organization when they went into it, and they went to the murder of Charlie Good, and committed that crime with a full knowledge of what they were doing. There was no sudden impulse on their part, no heat of passion, and no pretenoe of self-defence; and it was a cold-blooded, premeditated mur? der for the purpose of Intimidating voters and carrying the election. Judge Bond then made a brief charge to the jury, defining the crime of conspiracy and the measure ol proof needed to establish the fact, and defining the crime oi murder and thc re? sponsibility of each party engaged or partici? pating in lt. The jury retired at 9.20 P, M., and not hav? ing returned at eleven o'clock, the court | ordered that tri ey be kept In charge of the marshal until this morning at ten o'clock, to which time the court adjourned. THE INFERIOR COURT. H.W.Schroder was appointed* solicitor of the court pro tem. The sealed verdict in the case of Peter Smith for assault and battery was opened, and lound to be "guilty.'' Claus Locker was tried for assault and bat? tery and found guilty. The case ol Tappin G. Green for breach of j trust and larceny was begun, and the testimo? ny heard up to the hour .of adjournment. The defendant in this case was an overseer left in supreme control ot his principal's plantation in Aiken County, and the indictment charges bim with having sold flity thousand feet of lumber and made no returns to his principal. The case will be continued and concluded to? day. The grand jury found no bill against James W. Barlow lor a breach of the peace and viola? tion of the city ordinance, and a true bill against Thomas F. Gleason for assault aod bat? tery and resisting aa officer. The grand jury were then discharged until Monday, the 22d instant, aod the court ad? journed until tea o'clock this moralog. GK R?AN ITEMS_A Sch?tzen club bas been organized In Galveston, Texas. The Turnverein will picnic at Mt. Pleasant oa the 20th of May. MEETING OE CITY COT?CIL. - A regular meeting of tbe City Council was held last evening at tbe usual boor. Present the.Mayor; and Aldermen O'Neill, Bowen, Smith, Voigt, Gage, Kenny, Sweegan, Glover, Johnston, Moran. Michaels, Simonds, Slgwald and Garret. Before entering upon the regular business a telegram was read from A. S. Sol o m one, chair? man, stating that the National Morse Memo? rial Meeting was in progress In the ball of the House of Representatives, Washington, D. C., Speaker Blaine, assisted by the vice-Presi? dent o? the United Slates, presiding, and the Governors of the several States acting BB vice presidents; and also that the meeting was now ready to receive communications. Alderman Sweegan offered the following preamble and resolutions, which were unani? mously adopted: . Whereas, This Council, representing the citizens of Charleston, S. C., feeling, in com? mon with the people of the entire civilized world, the great losa occasioned by the Meath of Prolescor Moree, the father of telegraphy io the United State?, wouid respectfully beg to unite their sympathies with the Moree Me? morial Association meeting, now being held in the City of Washington, D. C., this evening, in the following telegram : l,27te Late Professor Morse - May his mern- ? ory ever live in the hearts of bis countrymen. 1 By his genius and his disco very the Innocent has been protected, the guilty bas been pun-1 i lshed; merit bas trlumpued, crime has per- < ?shed; trade, commerce, manufactures and mechanism nave flourished. May bis inven Hon-the eleetrio wires-never more bring to this generatloa the sad and unwelcome mes? sage of 'War.' but tnat all messages may have for their groundwork : 'Peace,' Free- * dom,' 'Prosperity,' 'Happiness.' We deeply ( deplore his lof s." 1 PETITIONS. T Of certain residents in Rutledge avenue calling the attention to the bad condition of the sidewalk on the east side of that street, j t between Spring and Borgard Btreete, and ask- [ lng that the same be repaired. Referred to the committee on streets. Of D. L. Glen asking that taxes be refunded. Referred to the committee on retrenchment a ind relief. . r ?f numerous residents on Rutledge avenue a sailing attention to the bad condition of the v street, and asking that the mud boles be Ailed t md the street put in proper repair. Referred n JO the committee on streets. Of John H. Ste in meyer and other residents [?j letting forth the condition of the west end of c Seaufdin street, and or Gadsden, from Monta- g rue street, at certain stages ol the tide, and v isking that the matter be attended to. Re erred to the same committee. ( Of the residents in John street, asking for a I j, Iraln on the south side of the street, between r Keeling and Elizabeth. Referred to the com-1 ?, nlttee on tidal drains. b Of W. K. Ryan and othvr residents of Thom- D ts street, asking that the drain be extended hrougb the street from Warren to Radcliffe. I Seierred to the committee on tidal drains, I ir Ith power to act. Of the Rev. John Moore, D. D., rector of St. Patrick's Church, asking that the residence oft t> ihe rector be exempted from taxation. Be- 6 "erred to the committee on retrenchment and 1 relief. * b Ol the Rev. A. Toomer Porter, for the ex- I emption from taxation of tbe building and lot I UBt east of the Church of the Hoi/ Commu? nion . used lor the Parochial School. Referred L Ai the committee on retrenchment and relief, I 0 .o consult with the city attorney. Of John Allen, for additional compensation I ? Tor cleaning out the drain In Vernon's lane a I v jecond time. Referred to the committee on 11 retrenchment and relief. 1 Of Carsten Harms, asking a reduction of tbe iBseBsment Referred to the committee on 11 tsseEBmettts. I, _REPORTS._._ Ijj; Of the chief of police for the month of j d March, 1872. Received as Information. Of the city engineer, Bhowlng that the work >f building a drain in Pitt street, from Monta- f jue to Wentworth street, had been discontln- . ted, and giving specifications as to bow the ivork should be completed. In connection with this, a petition from the ]< contractor, James C Lacoste, was read, show- f ng that upon makiog the first excavations ? or the drain, he had struck a strata of quick- ti ?and, through which the work could not be c lone, and asking to be refunded his actual a ?xpenses In the 'matter, amounting to $93 73. t The matter was relerred to the committee on i retrenchment and relief. 11 REPORTS OF COMMITTEES. j On ways and means, to whom was referred the petition of thc Citadel Square Baptist v Church for the remission of taxes, recommend j s that the penalty be remitted. Agreed to. I e On city lands, recommended that the pell-11 tion of B. A. Bose m on to be allowed to pur- i chase irom the city a lot in Coming street, be 11 granted for tbe price ol $800 cash, to be paid t within sixty duys from date. Agreed to. I d On lighting the elly, recommended that the I c Mayor be authorized to contract with the gas I v company for three-feet burners, at the rate of v twenty-seven dollars apiece. Agreed to. t The same committee reported favorably on t the petition ot the citizens of Bee street for r an additional lamp. Agreed to. On accounts, reported favorably on bills to the amount of $2427 U, and recommended i that they be turned over to ihe treasurer for I c verification and payment. Adopted. J On the Artesian Well, reported that they a had selected the south side ol'Plnckney street, I v between Anson and Church, a- the most eligl- l ble Bpot to which the troughs should be re- 11: moved, and recommended that the sidewalk I r. be cut away to widen the street, and that the I p troughs be extended along tho whole length a of the square. Adopted. a On streets, on the petition of W. H. Chafee ( tc Co. to be refunded their expenses in laying I a flag pavement in front of their store, on 1 Bast Bay, recommended that the sum of twen? ty-five dollars be allowed, that being the cost ^ of laying an asphalt pavement. Adopted. The same committee reported favorably on . the petition of the citizens ol Bee street, for a I sidewalk. Agreed to. i The special committee ol the Fire Depart? ment submitted plans for repairing the en- t gi ne-house ol the Young America Steam Fire j Engine Company. Adopted. MISCELLANEOUS. j The Mayor reported that the Battery had been put In good order, and that ibe repairs upon the railing around il would soon be I, finished. The old speakers' stand had been j J taken down, and that the flag-stuff was BO I rotten as to be thought dangerous, and should also be taken down. In view of public cele? brations among tbe citizens he recommended I f that a combined tribune and music stand be \ erected, at a cost of not more than four bun-1 dred dollars. Referred to the committee on public Institutions and grounds, with power i to act. Alderman O'Neill suggested that a fountain i on the Battery hud been much talked of and 11 highly approved by many citizens. It could be put up complete for $500, and he moved that, this matter be also considered by the committee. The motion was carried, the com-1 mittee to report on this subject at the next 1 regular meeting, and also as to the mode of supplying the fountain with water. The board of surveyors appointed to ex? amine into the condition of the Charleston College building reported the walls much cracked, but not dangerously, and recom-1 mending certain repairs to be done during tbe Bummer vacation. Referred to tbe com? mittee on public buildings and lands. BESOLUTIONS, j ' Alderman Gage offered tbe following : Resolved, Tbat Council iOBtruct tbe commit? tee on contra?is to continue the plank road from the city boundary cn King street, to the point where the King street road Joins the Meeting street road; lt to be of the same kind as (hat now belog built, and at the same cost per runniog foot; and that the committee be antborized to make Buch an arrangement with the county com mission ere for tbe settlement | of the same as shall be mutually satisfactory. Alderman Kenny gave notice of a bill to re? peal an ordinance entitled "An ordinance to | organize and regulate the detective force of the j city." Tbe bill abolishes the detective force, and provides that its duties shall be done by the regular police, under such regulations as the Mayor shall seem flt to prescribe. Ou motion, Council then adjourned; TOE PRIZES FOR THE SCH?TZENFEST. The prizes to be given away to the succef s- J .ul marksmen at the coming Sch?tzenfest are ralued at over one thousand dollars, and are is follows: TARGET PRIZES. First prize, gold watch, $80, and gold medal, 170-1150; second, silver lea-ser, $40, and nedal, $25-$56; third, gold watch and chain, 135; fourth, half dozen sterling silver forks, $30; 11th, sterling silver ladle, $54; sixth, clock, $18; leventb, silver-plated water-pitcher, $17; dgbtb, liquor-stand, $16; ninth, half dozen ill ver teaspoons, $14; tenth,meerschaum pipe, .12; eleventh, silver butter-plate, $10; twelfth, I i liver-beaded cane, $8; thirteenth, silver-11 leaded cane, $7; fourteenth, pearl thennome er, $7; fJfteenth< cigar-stand, $7; sixteenth, ilver-plated castor, $7; seventeenth, tete-a ete tea-set, $7; eighteenth, Jozen silver-plated J eaepoons, $7; nineteenth, half dozen sllver ilated forks, $G. EAGLE PKIZIS. These prizes are to be shot for by the mern-1 >ers of the Sch?tzen club only, and will be warded to the marksman vito shoots off the espective parts of the bird, for each of which prize will be given, as follows: Crowe, sil- J er-headed cane, $8; globe, silver-plated cas or, $10; sceptre, writing-desk, $12; head, lilk and sugar pot, $14; leek, silver-plated I Itcher, $17; left claw, clock, $18; right claw, j oreel ai n ten Bet, $20; left wing, gold watch hain. $25; right wing, sliver goblet, $26; tail, | * old-headed cane, $35; king's prize, gold raten, $80, and gold medal, $30-$110. The last prize ls for the body, which being 11 he hardest piece to knock down ls shot away |1 ist, which constitutes a king's prize. Seve al other valuable presents have been received or the target of honor, and a silver medal will e awarded each day to tbe marksman who lakes the most bull's-eyes. EASTER ELECTIONS. ST. JOHN'S CHURCH, RICHLAND. Wardens-Robert Adam?, Dr. William Wes ou. Vestrymen-James P. Adams, Augustus I hoolbred, Ed. McC. Clarkson, William White, ] 'nomaB Weston. Delegates-Augustus Shoot- I red, James P. Adams, Dr. William Weston, j lobert Adams. NOT THE YACHT ELEANOR_The sloop Elea ior, which was capsized on Monday alternoon n the Wando River, as related In yesterday's IEWS, must not be confounded with the fine ' acht Eleanor, commanded by Cap tai n Young, t rhlch makes daily pleasure trips to Fort Sum- i er and around the harbor, and which bas I lever yet encountered an accident. i 1 THE NEW LICENSE LAW.-There still appears o be a great deal ol doubt and mlsappreben ton concerning the rather ambiguous require- : itor Bennett bas written to the attorney- ? eneral of the Slate for an authoritative inter- ( relation of the whole law. which, as soon as j ecelved, will be published in these columns or the Information of the community. CAPITAL COMING.-The Augusta Chronicle sams that fifty shares of the Langley Manu itcturlng Company stock were sold on Mon lay to a gentleman from England, who has leen stopping in Augusta for a few days. He onslders this to be a first-class Investment, nd feels fully assured that, when he makes his fact known ia England, many and larger 1 nveetments will be made by his countrymen i u the industrial interests or this locality. PLATFORMS.-The extended time allowed ia vliich platforms for the protection and pre ervatlonof the curbstones in front of the ~< ntrances to yards is about to expire, and the 1 nany who have not compiled with the require- ' nentaofthe ordlnace should do so at once, .'he work ol repairing sidewalks is utterly hrown away if every entering cart breaks town the curb In iront of the gateway. The < estofa platform ls nothing la comparison | v! th the fine imposed by ordinance upon those 1 rho have not one, and the Inference ie, < hat lt ls cheaper to put one down at once hau be subjected to the annoyance of being oportet] and fined. ? 1 < AN EARLY FIRE.-At two o'clock yesterday }1 norning a young man returning from a soiree liscovered a fire in the dry goods store of Mr. '. Apple, at the south corner of King street nd Burns lane. He alarmed the family, who vi th the aid of the police quickly extinguished he flames. These bad originated In a pile of landkerchlefs lying on a trunk, and had com nunlcated to the wooden counter which waa tartly burnt away. The loss Is estimated at J bout one hundred dollars, and Is covered by I m Insurance In the London and Liverpool and ?lobe Insurance Company-Messrs. C. T. -owndes & Co. agent?. The cause of the fire s not known._ CLUHS AND STARS.-Wm. Hicks and Henry Taylor, arrested for being drunk and disor lerly and resisting the police In the Guard touse, were each fined two dollars, with an ilternative of ten days in the House of Cor -ectlon. John Heffron, a colored boy, lodged for leatlng another little boy over the head with i club,"ln King street, near George, was Bent o the House of Correction for twenty days, ?ls companion, Jacob Singleton, was dis-1 ?barged. The owner of a dog, which bit a boy in St. Ulchael'a alley, proved that the dog was Bl? ending to its business, while the boy was not, ind the case was forthwith dismissed. CRUMBS.-General Q. A. Gilmore passed Lhrough the city yesterday morning, on his way North. Some twenty-five or thirty young men of Aiken bave expressed a willingness to join the rifle club proposed to be raised there. The annual meeting of the stockholders of | the Enterprise Bailroad Company will be held at ll o'clock to day In the hall of the Bank of Charleston. Mattie Smith, colored, was arrested In Aiken, on Saturday, charged with au attempt to murder his wife. He was carried before Trial. Justice Williams, who, In default to give ball, sent him to a higher court. A desirable building lot on the south side ol Broad street, and west of Savage, forty-three feet In froot by one hundred and fifty-four feet deep, was sold yesterday morning by A. C. McGllllvray for eight hundred dollars-oue half cash aod the balance in one year. THE CITY DEBT CASE. The case of Aira Gage, et al, rs. the City Council, et al, a fall resume, of which appear? ed In Tax NEWS of yesterday, was continued yesterday morning in the Court of Common Pleas. A written argument of the city attor? ney was read, and, alter hearing Colonel T. ly. Simons for the defence, Judge Graham ex? pressed him6eli satisfied, and decreed as fol" lows: Ii appearing to the court upon full argument that the Court of Errors In this State have unanimously decided In the case of Ihe State ex relailune James Copes vs. ihe Mayor and Aldermen of ihe City of Charleston, 10 Rlch ardaon'd Law Reporte, 491 1. That the City Conseil of Charleston have the power under their charter, to subscribe to the stock ol railroad companies, within and without the State, and to tax the inhabitants of tbe olly, lor the parp?se of paying euch subscriptions. 2. That even were this doubtful, the act of | 1854, 12 Statutes at Large, 375, confirming such subscriptions and declaring them obligatory on tbe City Council and City ol Charleston is equivalent to an original grant of power, and ls constitutional. It is on the motion of D. T. Corbin, Esq., city attorney, and Messrs. John Phillips, Wnaley <fc Mitchell, and Simons & Slegling, of counsel, for the holders of the city stock, alter bearing Messrs. Brewster. Spratt St Burke and a. D. Cohen, for the plaintiffs In opposition Ordered and adjudged, that the demurrers flied be sustained and that plaintiffs sum? mons and complaint be dismissed with costs. M Oli TU AB Y REPORT POR TBE WEEK. The following ls the official return of deaths 'or the City of Charleston, for the week end ng April 13, 1872 : CAU8E3 OP DEATH. non Adults. Ohild'n BLACKS OB COL? ORED. Adults. ChUd'n. 5 r o nc hi tis, Senile.. lancer, Uteri ) l ar r h ce a, Chronlo. Diseases, Com plicated.t Hsease Heart, Valvular.. Dropsy of the Chest. ?ntero-Colltls.. 1 aslrltls, Chronic. lyperttophy of Beare. 'aralysls. "hthiMis Pul? m?n alls.. 'neumon?a.... icroiula. Total.I al 31 l| oil 2| el ol l BICAPIT?LATION. Whites 7, Blacks and Colored 9-total 16. ACES. Inderi year ot between l and between io and between 20 and Jetween 30 and ?etween 60 and let ween 60 and between TO and age. 6 years or aire. 20 y ears of age. 80 years of ag?. 40 years of age. so years of age. 70 years ol age. 80 years of ave. GEO. S. PXLZIB, M. D.. City Registrar. COLLECTOR DONALDSON.-We are Informed >y a correspondent, who says that he has nade all necessary inquiries, that the report >ubllshed In the Columbia Carolinian, and -eprinted In THE NEWS, In reference io Col? ector rt. J. Donaldson, Is without foundation. THE STATE SONDAT-SOHOOL CONVENTION. - Tbe general committee ol the Sunday-schools ?vening, at the hall of the Toung Men's Christian Association. Business ol much im? portance in relation to the above convention will come up for consideration. CAMP MEETING.-The annual camp meeting )f the Methodist Episcopal Church for the Dis? trict of Charle ston will be held at the camp ground at Ladson's, on the South Carolina Railroad, beginning to-day and closing on Sunday next. On Wednesday and Thursday ?xtra cars lor the accommodation of visitors .o tbe grounds will be attached to the regular trains on trie South Carolina Railroad, leaving tbe city at 8.10 A. M. and 3.30 P. M. WASHINGTON RIFLE CLUB PICNIC-A de? lightful lime ls anticipated to-day by the Washington Rifle Club at their uTaroon at Mount Pleasant. In addition to the parade ind the usual target exercise there will be a social gathering ol the lady friends of tbe niuo, and the festivities, lu accordance with Ihe old-time custom of the Washington Artil? lery, will include dancing, to the Inspiriting .trains of Muller's Band, wbioh has been en? gaged for the occasion. The steamer will eave from the foot of Market street at pre jlsely half-past 9 A. M. A BATCH OF MUTINEEBS.-United. States Marshal Wallace received In charge last night 'leven sailors, named James Munroe, Thomas : milli, Peter Murphy, Peter Wood, James Mc Neal, Thomas Simmons, James Newman, John Doyle, John King, Thomas Brooke, Charles H. Dhoate, who are charged with mutiny by J. T, Daggett, master of a vessel from Liverpool which has Just arrived at the mouth of Coosaw River. The men, lt ls alleged, shipped at Liverpool for Tybee and another port, bu( ?Uer leaving Tybee the men refused lo con Linue the voyage, and were put on shore and Lurnea over to the United States authorities upon the charge of mutiny. SCHILLER'S ROBBERS.-This play ls to be given In German at the Academy of Music on Friday evening, the 19th Instant, by a number of amateurs, for the benefit of the new Ger? man Church. The following are the dramatis persona;: Maximilian, Count von Moor....Mr. A. NIBMANN Karl, 1 hiouona f.Mr. FR. KELLNER Franz, ) m fc0D8 \.Mr. R. UBISSBB Amelia, his Niece.Mrs. U. W. Spiegelberg.Mr. L DEITZ Schweitzer.Mr. D. NORDMBYER Grimm.?.Mr. M. J. II. OSTENDORFF Roller.Mr. R. WBISKEB Razmann.Mr. JOHN K LATTE Schutterle.Mr. M. BELITZ EUI Kozlnsky.Mr. F. VON SAMTEN Hermann.Mr. JULIUS BULCEBN Commissary.Mr. H. KOMIO Daniel.Mr. M. PHILLIPS. THE ACADEMY OF MUSIC-The Martinets Ravel Troupe cave their second performance last evening at the Academy before a good house. The novel pantomime entitled the Green Monster, followed by "Pat-a-Cake," formed the principal attraction, and were rendered with a life and spirit which fully sus? tained the reputation of the troupe and de? lighted their audience. Mr. Huntley's per? formances on the classic banjo bring out every thing of which that Instrument Is capa? ble; and with the graceful pirouetting of the three danseuses, were welcomed and encored with rounds of applause. This afternoon at two o'clock the young folks will be treated to a "Pat-a-Cake" mati? nee, which is peculiarly adapted to their de? lectation, and to which the orphans of the dif? ferent institution's have been liberally Invited. In the evening the performances will com? mence with the "Hungarian Rendezvous," to be followed by "Jocko," and concluding with the "Magic Trumpet"-a programme which should certainly attract a large attendance. NO MONEY FOR PUBLIC SCHOOLS. I More Prmlts ot Radical Mitrale-The I School- to' be Cloted for Want of Funds. By tbe following correspondence lt will be seen that the State treasurer announces that there ls no prospect bi the quota of school I funds allowed for this county under tbe r?cent appropriations for some months yet, and that I ( as a consequence It will probably fae found ; necessary to discontinue mast Ii not all of the 11 public schools In ibis county: OFFICE SCHOOL COMMISSIONED, ) J CHARLESTON COUNTY; V I ] CHARLESTON, 8. C., April io, 1872. ) I. Eon. N. 0. Parker, State Treasurer, Colum- j bia, S. C. : I DEAR SIB-WIJI yon oblige me by Informing { me at your earliest convenience when you will j 1 be able to honor the draft of the State super- ! c iBtendent of education upon you in favor of I ? General Gurney lor $39,273 80, Charleston J' County's share o? the free school fund for the I ?< year 1872. As the continuance of tbe public I c schools now in operation throughout thia county depends upon the receipt of ibis money at an farly day, I trust you will see the neces-1 fi Bity of making some arrangement for Its sup-1 B ply. The cio?log of the schools will, in my judgment, be a public calamity; but lt ls lm possible to continue them unless the means I n are supplied for paying the teachers. These I v are, without exception, very poor, and entire-1 ly dependant upon their salary for a support. I & "Very respecttully yours, ; E. MONTAGUE GRIM?E, School Commissioner Charleston County. I c EXECUTIVE DEPARTMENT. ) I fi] STATE TREASURY OFFICE, V COLUMBIA, S. C., April 15, 1872. ) E. M. Grvnke, Esq., School Commissioner of\u Charleston County, Charleston S. C.: I " DEAR SIB-Tour letter of the 10th Instant J ? .ame duly to hand. In reply, the. treasurer I F i Lr ec ts me to say that this office ls not in I TI 'ands, and that there is no probability of the j _ payment of the draft referred to until after the i T axes are collected lo the fall. I li Respectfully yours, HENRY L. TAPPAN. ?J Chief Clerk. OFFICE SCHOOL COMMISSIONER, ) I ? CHARLESTON COUNTY. } T CHARLESTON, 8. G. April 16, 1872. J 1U To the Board of School Trustees of District P? No-; jj GENTLEMEN-I deeply regret te Inform yon G hat I have Just received a communication I rom the State treasurer, Mr. Parker, in which ie states that there ls no probability of the Dat ment of the draft drawn upon bim by the ai state superintendent of . education for I n (39,273 80, Charleston County's share of the " tpproprlation made by the Legislature at ita I oi ast session for the support of free schools for I N he fiscal year ending October 31. 1872, ''until T he taxes are collected next fall" ' " This leaves us without the means of continu- H ng the schools now In operation, unless tbe IA eachers can afford to walt for their pay. I -u vould respectfully recommend that they be I. nformed immediately o? tbe condition of ] 04 iffairs; and unless they are able and willing o submit to the delay In payment, that the I schools be at once closed. I jj Very respectfully, yours, I N E. MONTAGUE GRIMKE, School Commissioner Charleston County. ] A CARD. W At the regular monthly meeting of Charles- t? an Tj pc gr ip hie al Union, Na 48, held on tbe so th I iltimo, the following was unanimously adopted: Resolten, That the thanks of this Union ba, and they are hereby, tebdered to the publishing and I printing house of Messrs. Walker, h vans AI dodswell, for consenting to republish the const!-1 ft tntion of the sane without charge, and for other court*sle*extended to this Union br them. | .Resolved, That tbe foregoing be published in the dally papers of this city, and that the ?ecte-1 al cary forward a copy or the above to the house named. Extract from the Minutes. ED. B. BRADLEY, Secretary. I SOUTHERN LIFE* INSURANCE COMPANY.-n | BI will be seen by an advertisement In another column that Mr. George M. Coffin bas been ap? pointed the agent in this city of this popular and trustworthy company, which baa, by Bound financial management and hom ? unana -MMf^giS ! . , 1I..4_a_mpnt ul lon equal to that of any company lo tbe United States, lt Las especial claims upon tne people of this seotlon of the country BB lt is a purely Southern company, transacting most o? its business and Investing all Its accumulations in the South, and it deserves as it has received the entire confidence of the whole people, Mr. Coffin hss an excellent company to woik for, and, with his own enterprise and ability, will doubtless build up a large business. Hotel Arrivals-April 16. PAVILION" HOTEL. W. A. Colclough, Penfield, Ga.; M. O'Dowd Captain W. Shires, Augusta; J. Stevenson South Carolina; T. G. Green, S. G. Graham, J. H. Phillips, Orangeburg; L. W. Wells, Balli more; John Nettles, Northeastern Railroad J. N. VoorheeB, W. H. McIntyre and lady, Wm Douglass, New York; N. P. McMl lan, Mullins Depot. CHARLESTON HOTEL. Thos. T. Wright, Atlanta; F. W. McMaster, Columbia; H. T. Proctor, Cincinnati; P. Koem pel, New York; E. W. Carpenter, Georgia; T. M. Merriman, Georgetown; W. Z. McGbee, 11 South Carolina; Geo. H. Coulls, Mr. and Mrs. 11 C. W. Bangs, New York; J. A. Law, A. S. White, J. Pollard, Washington; W. C. Allison, Philadelphia; W. B. Wilkins, R. C. Mathews, New York; E, B. Hunting and wife, Baltimore; Thos. C. Commins, New York; F. N. Stevens, Kentucky; Chas. Kellogg, New York; C. G Singleton, South Carolina; A. C. Kingsland and servant, A. A. Kingsland, W. T. Kings land, C. Robinson, Mrs. J. H. Robinson, B. A. Toomer, Miss Toomer, New York; W. W. Wan uamaker, T. W. Woodward, South Carolina; C. Newbold, Pennsylvania; E. W. Pike, Liver? pool; Jas. McCullough- and daughter, New York. MILLS HOUSE. J. W. Anderson, Columbia; L. Kip, Alfred H Taylor, A bany; C. F. Ilsley, Fred. Dayton, Mllwaukle;"General Q. A. Gilmore, ?. S. A.; H.' Hendry, Newark? Charles M. Schmit, Phil? adelphia; A. L. Livingston, J. F. Bellew, J. B. Richardson, New York; Mrs. C. S. Leckie, Mles Brown, Columbia; Mr. and Mrs. G. C. Schwake and maid, Liverpool; B. B. Clark, Buffalo; L. H. Armstrong, wife and daughter, Newark. Meetings This Day. South Carolina Lodge, I. 0. 0. F., at 8 P. M. Farmers' Fertilizer Company, at 8 P. M. Stonewall Lodge, K. P., at half-past 7 P. M. Enterprise Railroad Company, at ll A. M. Wagener Artillery Club, at 8 P. M. Irish Volunteer Rifle Club, at 8 P. M. Carolina Independent Boat Club, at 8 P. M. Amateur Literary and Fraternal Associa? tion, at - P. M. Washington Bille Club, at 8 A. M. South Carolina State Sunday School Con? vention, at 8 P. M. Auction Sales This Day. Macqueen ? Blecke will sell at half-past 9 o'clock, at No. 68 King street, contents of a bakery. J. E. Bu-.ve rs will sell at 10 o'deck, In King street, opposite Columbus, household furni? ture, Ac. B. M. Marshall A Brother will sell at half past 10 o'clock, at their office, horses, desk, Ac. Miles Drake will sell at 10 o'clock, at his etore, clothing, hats, Ac. Of I BUSINESS ENVELOPES.-THE NEWS Job Office is now prepared to furnish good envelopes, with business cards printed thereon, at U per thousand. Send your orders. Every merchant and business man should have his card printed on bis envelopes. ' B USlNiBSTB ITO II CMS. ? * ?mmmm^ PUBLIC SPEAKERS AND SINGERS will And ''Brown's Bronchial Trochar beneficial la' clearing the voice before ?peaking or singing, and relieving the throat after any exertion of the vocal organs. For coughs sod colds tba Troches are effectual. aprit?utheS GENTLEMEN'S COATS, Vests and Panta nicely dyed, cleaned and renewed at Otto Sonntag^, Dyer, No. 34 Wentworth street, near Artesian Well. HALLO, CHARLIE, where did yon get that lat? At Pienge's. Why? Because I like he .style. . - ,. . CURIOSITY SATiariKD.- The Singer Sewing iacblne Company sold one hundred and eighty me thousand two hundred and sixty (181,260) fae hines In 1871. Fi?y4tro thousand seven .undred and thirty four (52,734) more ma? hl ne s than any other company. FEATHER DUSTERS, 40, cento each. HABEL ITREET BAZAAR. aprl7-w Ti THIRSTY MORTALS, ATTENTION'-Card? er's celebrated Soda Water, at the East Bay Tews Boom. Branch of the Hasel street ee ibllsbment. : ^ ? -:iH>y?prl(? . SAVE YOUR MONET I-The merchants of tal? I ty can have the ph otogrephs of their placee f bnslness framed at sixty cents each. Hasel . treetBazaar. > . . >?aprl2-12 WE CALL particular attention to our very trge assortment of Cloths, in Bine, Black, ro wn, Olive, beet European make; also laney Casslmeres, Diagonals, Tweeds, linea neks, Coatings, Vestings, at very low figures, bese goods were purchased before the raise i the market. FOBCHGOTT, BENEDICT, & Co.; . o. 244 King street. ^ apr? ONE CASE Buff Lawns, fast colors, 19 cents Br yard; one case of Buff. Brown, Slate Inen, suitable forjadles suiting, at 25 cento sr yard; one case of French Mozambique?, at . cents per yard. FTJBOHOOTT, BENEDICT A o., No. 244 King street. apr8 BUILD INO MATERIAL.-An extensive stock id large variety of Doors, Sashes, Blinds, il asters, Mouldings, 4c, are kept constantly i hand by Mr. P. P. Tonie, at hi3 ware roo ms, . o. 20 Heyne street and No. S3 Plnokneystreet le above are all made at his own factory oil o ri be ck's wharf. He keeps, siso, Frenen ead me rican Window Glass,. Stained Glass, Slate an tels, Builders' Hardware, Ac, from the ?st manufacturers. mtihS-fniwlyr ' PARCHEESI! PASCHSESI 1 -A royal game of idle. Hasel street Bazaar, and East Bey ews Boom. - - ^ / . apr20-w. CHEILLEY'S PASTS Era GLOVES-every pair arran ted. These Gloves will be taken beek ? en alter wear, for any Imperfeotions, such as ?ring or ripping. f Paris, 20 Hue de la Pair. TW^-O London, 63 Begent street. MP0TS New York, ??rBroadway. Boston, 9 Temple Pince. PUBCHOOTT, BENEDICT ? Co., sole Agento >r Charleston. '?.??. nov3-6moe PICTURE FRAMES-Ovni and Square; ell zea. Cheap ! Cheap I HASEL ST. BAZAAR. feblWu ^ ; Nonos TO TOURISTS.-Stereoscopic views of Marleston and vicinity for sale at the Hasel areet Bazaar. dec? THOSE Handsome Photograph Albums are tow sold at 60c. each. EASEL, STREET BAZAAR. aprlS-m Buff, good quality icc i package, or three packages for 26c Hasel i treet Bazaar and East Bay Ne?rs Boom. febl9-m~ " ~ ' " PLATINO CABOS, Linen, sixteen styles, 60c ?er pack. Hasel street Bazaar and East Bay fews Boom. febl9-m Cloding, (Eailormg, &t. FOB SPRING AND, SUMMER, 1872. MENKE & MULLER, CLOTHIEBS, NO. 323 KINO STREET, THREE DOORS BELOW LIBERTY STREET, Invite attention to their large and iplradli itopk Of CLOTHS, CASSIMERES, COATINGS, Jolting Cheviots, Linens, Ac, and the handsom ?sc selection or Pauta and Vest Patterns, which viii be made to order under the supervision of a nost skUtal and fashionable cutter. CLOTHING 'OR MEN, YOUTH, BOTS AND CHILDREN, of every style and quality, and at very low prices. AND A COMPLETE STOCK OF GENTS FURNISHING GOODS, svhlch embraces the celebrated STAR SHIRTS and the choicest novelties hi NECK WEAR. All orders promptly executed and satisfaction roaranteed. apr2-tmos Shirts ann furnish mi j <&ooo8. NOVELTIES FOB SPRING IN GEEAT VAKIETY, AT SCOTTS AND ME VS FURBISHING EMPORIUM, MEETING STBEET, OPPOSITE THE J9ABKKT HAM? non? * v.