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, Wpt &?Mt?im I ff afta jfefog,. VOLUME IX.-NUMBER 2036. CHARLESTON, WEDNESDAY MORNING, JULY 24, 1872. EIGHT DOLLARS A YEAR. . THE RAILROAD CASE. ARGUMENTS BT THE HOS. C. D. MEL? TON AND THE HON. A. MAGRTTH. A Const i tut tonal Bar to th? Bankruptcy Project-The Sovereignty ot a State Superior to the Bankrupt Law- \ Champion of the People Against the Plunderers. Trie bankruptcy proceedings upon the peti? tion cf Daniel E. Scannel, ot New York, In re. the Greenville and Columbia Railroad Compa? ny, were continued yesterday morning in the United States District Court before Judge Bryan; Messrs. V. T. Corbin and George D. Bryan appearing for the petitioner, Messrs. A. G. Magrath and C. D. Melton and John T. Rhett, of Columbia, for the railroad company, and Messrs. Porter & Conner, Slmonton & Barker and Joseph D. Pope, of Columbia, lor various creditors. The argument on behalf ol the railroad company and in opposition to the decree of bankruptcy was continued by Mr. C. D. Mel? ton, of Columbia, who began by showing the financial condition ot the road In March, 1871, and the legislation of that year in regard to the road. In that month the Legislature passed wrfet was known as the 'postponement act, postponing the statutory Hen, and making lt tak-3 rank after that ol the second mortgage. From that action had sprung all the troubles of the road. Its effect was to place the stat? utory Hen subject to a prevlons encumbrance of $1,791,000. Since then $1,600,000 of the second mortgage bonds were said to have been Issued, but the company did not admit the fact of that Issue, and ia any case the bonds would still have ten or fifteen years to ron. The attorney-general of . the State last June filed a complaint against the company, praying a foreclosure of the mortgages .to the State, (for $3,000,000,) and asking for the appointment ot a receiver and the granting ot an injunction against suing creditors. Another suit, also prior to the beginning ot'the bankruptcy proceedings, had been Instituted by Gibbes and others, in which lt was alleged that the postponement act was unconstitutional and void, and in which an Injonction was granted. The court refused to appoint a receiver, but Itself as? sumed the control of the road, letting It re? main In the hands of Its present direction, for the sake of an honest and economical adminis? tration of Its affairs, and requiring reports from time to tune. In view ol this complete Jurisdiction thus taken by the State Court of the whole property and affairs of the road, the counsel argued that the court could not, and would nor, assume to Interfere. If the State of South Carolina had been directly named as a party to the peti? tion, the United States Court could not, under the constitution, take jurisdiction, and although lt has not been expressly named, it was certain that lt wonld be Immediately and directly affected by the adjudication. He could not suppose that the court would as? sume a jurisdiction that would be idle and futile, and if the road were adjudged a bank? rupt, Its assets could not be brought into court on a warrant of seizure. If the war? rant should be returned unexecuted, would It be attempted to enjoin the State ? Manifetly ! that wonld be unconstitutional and impossi? ble. The State had a mortgage on the entire I property of the road, and there remained j nothing to which the jurisdiction of the court could -attach. There was absoluely no property of the company that was outside ot the statutory lien. It was evident that such a case was not within the scope or intention ot the bankrupt law. The second ground of exception was that the State Court having assumed prior Jurisdiction, the United States Court was thereby excluded. lt was a well-known rule that In cases of two courts havlog concurrent jurisdiction, which? ever first assumes the jurisdiction excludes the other. The State Cuiirt was alone com? petent to take the entire jurisdiction of the case, because it alone could completely adju? dicate lt, the United States Court having no power to make the State a party. There was no part of the estate upon which the process of that court could attach, and therefore there could be no jurisdiction. The creditors were subject to the Jurisdiction of the court in wblch lay the property of the company. The United States Court was also i powerless over the property ot the company Irom the very nature of a portion of that property. Tne property was of two kinds: first, the franchise to the ; highway and the right to use it, and, second, tho material property ot the company used In carrying on its business as common carriers. I It was only as a common carrier that lt was a l business corporation, and not as owners of a i highway. If the company, holding its high- i way under its charter, did not engage in the business, of transportation lt could not be held to be a business corporation, and the court could never take jurisdiction over it in bank? ruptcy. The court could not divide tne com? pany Into two parts, but lt could discriminate between the property held respectively in its separate capacities. It did not follow that all the property of a bankrupt passed into bank? ruptcy when he was decreed a bankrupt. The homestead of a bankrupt was a tammar exception, but the broad rule was that only i such property passed with him into bank- i ruptcy as was held by such a title as the court : could seize and transfer to Its assignee. The : road of a railroad company was a public high- ' way, located upon the lands of the citizens 1 taken by the company by the right of eminent < d?mala. The land was not the property ol the I company, but the company had the exclusive i use ot lt, and that constituted its franchise, i That franchise abided not in the corporation, ; but was the private property of the corpora- I tors, and lt was held as an indivisible prop- ? erty, but in shares, by the corporators. It could not, therefore, pass Into bankruptcy upon ao adjudication of bankruptcy against the corporation. The United States Court, ; therefore, could not transfer the right to use the road to an assignee. The State Court, on i ?he contrary, could sell the franchise, because i the mortgage of the State included the 1 franchise. A sale of the property of the com- I pany without Its lranchise would be to fritter . away the value of the road. The road was 1 valuable only or chiefly In its entirety. The t company's equity ol redemption in Its material < property was all that the United States Court I could carry into bankruptcy. It could not in- I elude even Us equity of redemption In the t highway itself, for that was a highway of the i State. Passing over the other two grounds of t exception to the Jurisdiction which had been 1 argued by his colleague, Mr Rhett, the counsel, < proceeded to the specific acts o? bankruptcy ? whleh had been alleged. He held that the ] company was neither a manufacturer nor a 1 trader. It could not be a manufacturer, be- 1 caiise it bad no power by Us c harter to manu- 1 facture, and because no such power had ever J been attempted to be exercised by the com- J i pany. It was not a trader, because to a trader one must buy as well as sell. Buyii alone without Intent to sell, or selling ala was not sufficient to constitute a trader. Tl coupons he held were not commercial pape because according to Bump's definition coi merdai paper consisted of bills of exchang promissory notes, negotiable bank checks, A -''papers governed by those rules which hai their origin in and are established upon tl custom of merchants in their commerci transactions, known as the law of merchant The acts alleged against the company as co 8tltutlcg bankruptcy were that being lnsolvei or In contemplation of Insolvency it had mac preferential paymenls. and had done so wll intent to delay or hinder the operation o? tr? bankrupt law. As to the question of inso vency, the liabilities of the road, as shown b the report of April, 1872, were as follows: First mortgage bonds.$ 241,000 C Guaranteed bonds. 1,419,071 5 Second mortgage bonds. 103.060 ? Non-morigage bonds. 195.500 0 Total bond debt. 1,958,032 1 Total floating debt. 118,404 3 Total admitted debt...$2,077,036 5 The disputed floating debt was as follows: Loans in New York. $150,000 0i Klmpton's account. 182,860 S Total. $332,860 5 in ascertaining the liabilities of the com pany, the dispu.ed claims were not to be In eluded without an examination ot the valldlt; ot those claims, and they would have beei very glad to have been allowed to show wh; they did not admit those claims, but when try lng to do so they had been constantly stoppet and embarrassed at .every turn by the objec tlons ol the counsel on the other side. The: bad, however, got out of Mr. Manson the tes tlmony that Klmpton'B account was not cor rect. They also denied the Commercial Ware house Company's account. President Magratl bad testified why they had rejected that: First because Patterson, who had no authority to dc so, had contracted the obligation; second, be cause the company had never received thc consideration tor the debt ; and, third, because of the enormous rates of in terest charged. Kimptona account, he claimed, was a fraud from beginning to end. and a fictitious, trumped-up account. They bad at least proved enough to show that their objections to the claims were not trifling nor presumptuous ones, and that they were therefore such as should be enter? tained by the court. As to the assets of the road, considering Its value In reference to Its Income, lt had been shown that Its Income for six'mouths had been $251,000, and Its ex? penses barely fifty per cent, ot that amount, so that it was fair to estimate its net Income for one year at fully $200,000. This would be seven per cent. Interest on nearly $3,000,000, and by this calculation the value of the road was certainly shown to be at least $2,500,000. Under these circumstances lt was absurd to talk of putting the road into bankruptcy. It the road were Insolvent, then it had been Insolvent at any time during the previous five years; yet, suspicious? ly enough, cot a word had been heard about putting the road Into bankruptcy until the proceedings had been commenced In the Stale courts against Its plunderers and thieves, and of all the men in the world, H. H. Kimpton was the one moBt interested in putting it out of the power of the directors of the road to drag him before the courts. Beside the above calculation, however, lhere were other elements of value in the Greenville and Columbia Railroad. The value of proper? ty was to be estimated with reference to Its probable future advancement, and with the Increasing prosperity of the country traversed by the Greenville Road, its property was cer? tain to Increase. There was also active com? petition for the possession of that road which enhanced Its value. There were two compa? nies, the South Carolina and the Wilmington, Columbia and Augusta companies, either of which could afford to give more thsQ anybody else. The South Carolina Company bad already paid $410,000 to obtain a controlling Interest in the road, and to say that Ic was an Insolvent road would be to eay that the South Carolina Com? pany were the veriest dunces that ever exist? ed. The rival road had offered, according le? the testimony ot Colonel Slmonton, to lease the road, pay the Interest on the entire debt, disputed and undisputed, and put the road In first-class order. Surely, that did not look as though the road were Insolvent, and It proved that the road was lo them worth fonr or five million dollars, while to any ordinary pur? chaser lt was worth two and a half millions. Mr. Melton Bald there were many other points In the argument which he had. not touched, hut they bad been BO well presented by the counsel who had preceded him, and would be so ably treated by the very eminent gentlemen who were to follow him, that he would leave them In their hands. Mr. A. G. Magrath followed, on the same side. He said lt was Impossible for the court to divest Itself of the knowledge that in this question was Involved the future prosperity or the min of the State of gouth Carolina, nor to exclude the consideration that the railroad Interests of South Carolina wer a the llie-blood of the State and the sources of the interests and prosperity of her people. He had only to Ifft his eyes at that moment to see one source of communication which had hitherto given support to this metropolis dying away under the control ol a foreign and adverse Interest. The Northeastern Railroad under Its then hostile Influence was like a cable which bad once safely moored a proud ship, but which bad parted, strand by strand, until there waa scarcely a thread left. In the case, too, bf the Greenville Road that was not the first time It had been subjected to In? terference that threatened to afflict the State of South Carolina. It had not bSen many years since an action had been brought with the avowed intention to destroy that road-to tear up Its track and level its structures to the ground, and lt was only through the Interven? tion of the State that the road had been pre? served. Then lt had passed under the control of an organized gang ol plunderers, the most desperate crew of thieves and scoundrels that bad ever overridden the rights of honest men. At last, however, the road had been brought back to the people, not, however, without the expenditure of a large amount of money to se :ure the restoration, and then lt was lound that it had been despoiled ol everything, ind robbed and plundered right and left, mill, as it had been remarked, lt was i wonder there waB a spike left on :he road. Then the road had been back ess than a short six months when another ?ffort was made to wreBt lt from the people md give lt to those who had been coveting Its possession. He conceded that If tne law said i t should go that lt must go, the terrible sacri- j Ice must again be made; but the law must first . je clear and the duty Imperative, and bis ', ionor would ponder long and thoughtfully' md might well, as a citizen of South Carolina, i shrink irom the obligation-if obligation he found it to be-of putting his name to that decree. His Honor was asked to declare that road a bankrupt,, and to declare that he was bound to sell out the road to meet the de? mands of the creditors. But the creditors. Where were they ? Were they in court de? manding that action ? No; there were two men, two petty claimants against the com? pany, the first with a feeble, lame, halting pe? tition that had to be withdrawn from the court to be amended, and which was based upon a few, a very few coupons of guaranteed bonds. The other was a claimant upon a few non-mortgage bonds, bonds that were not en. titled to a dollar until every lien was dis? charged. What did he a9k ? He asked that the dettsof the road be piled up and the as? sets of the road be dragged down to show that lt was bankrupt, and by that means he pro? posed to make his pitiful non-mortgage bonds more valuable ! The fallacy of the proposi? tion appeared on the face of lt. To that pro? position, therefore, they opposed themselves, and the first grounds of their objection were to the Jurisdiction of the court. He read lrom the eleventh article of the Constitution ?.? the United States as follows: "The Judicial power of the United States shall not be construed to extend to any suit In law or equity com? menced or prosecuted against one of the United States by citizens of another State, or by oltlzens or subjects of any foreign State." The aulhorlty of Congress, as expressed in the bankrupt act, was surely not to be com? pared with that fundamental contract between the United States, and his Honor would well recollect, as a reader ol history, the peculiar circumstances under which that eleventh article was Inserted In that compact. If, therefore, lt were shown that the United States Conn was brought Into direct contro? versy with the State of South Carolina, lt would be plain that that court would be powerless to act. He begged the court to observe that before those proceedings had been Instituted In that court the State of of South Carolina, In her sovereign capacity, waa proceeding In her own court of full and competent Jurisdiction to the admlnlslra_ tion-of questions which were vital issues In that case. The State had propounded the question whether the endorsement of the comptroller-general on the second mortgage bonds had given to their holders a title prior to that ci the security which the State still held. The State held the first statutory lien; tnen the Legislature passed the consolidation act, giving the second mortgage priority over that Hen, and the State submit? ted to the court the question: "How stand these conflicting claims?" Could his Honor adjust that question without bringing the State to the bar of his court ? And if nor, how was he to get her there ? It was a manifest Impossibility. Under the proceedings In the State Corm, the court bad directed all the creditors to come forward and present their claims belore Us referee. His Hsnor wonld have to make a similar order, but could he bring the State before his officer ? That State did not Invite the strong hand of the United States Court to bear down on her and crush and bend her lower than she Is. That State was shorn of its prestige and power, torn, mutilated, disfigured and maimed, but lt was still a State, and still had that guar? anty of the eleventh article of the United States Constitution as fully as though lt were rich and strong like New York, Ohio or Pennsylvania. The omission of that class of cases from the operations of the bankrupt law showed that, notwithstanding the political complexion of the United StateB Congres?, lt still respected that clause of the United States Constitution. It had been said thal these pro? ceedings would Involve no interference with the State, but the Injunction ol the court, If (he road were decreed a bankrupt, must be laid upon an officer of the State-upon the attor? ney-general ot the State. Would his Honor say to Mr. Chamberlain, "Go no farther ?" Suppose, then, that the Governor appointed another attorney-general, and another and another, until one was lound who said: "I will go on; 1 will not be restrained I*' How, then, would the court restrain him? By nothing short of a direct con? flict of Jurisdiction. Or suppose the Governor presented himself In his capacity of Governor. All the courts of the United States united in saying that he could not be touched in that capacity. He would be but a poor reader of legal history who had not been struck by the fact that the best and most honored judges were those who had constantly Bald forbear when there arose a seeming con tl let of authority. Such had been the practice throughout the world wher? ever law was kifown. He did not know what action would be taken by the courts of South Carolina In the event of Interference by that court, but lt did seem to him that they would be lo the highest degree recreant to their duty should they forbear to still assert their jurisdiction, or should they relax for one lnslant their hold upon the case. Mr. Magrath continued his argument against the Jurisdiction of the court upon the three grounds that Bitch an assumption of Jurisdiction would affect the State in her sovereign capacity, would affect the proper? ty which was fully under the control ol the State court, and would affect issues which were fully triable tn the State court. He quoted a large number of authorities la support of these positions, and continued bis argument until the hour of adjournment. The case wlU be resumed this morning, Mr. Magrath con? tinuing his argument, after which Mr. Corbin will close the argument on behalf of the peti? tioners. NOTES OF THE CAMPAIGN. A Pervert In New York. NEW YORK, July 23. S. T. Streeter bas resigned from the Liberal Republican Committee, and will support Grant. That Seaside Cottage. NEW YORK, July 23. Tom Murphy writes from Long Branca that be believes President Grant himself paid for his seaside cottage, and that he, Murphy, did not contribute anything towards it at any rate. Greeley Nailing Another Lie. NEW YOKE, July 23. The Tribune denies the story published In some of the Republican papers that Greeley ever conferred with the Germans relative to selecting any one for office; that he ever de? sired auy one to get up meetings lor him; or that he ever asked anybody try get him nomi? nated to the Presidency. Patching np a Peace. WASHINGTON, July 23 Grant ls here to-day, and Colonel Carter, of Louisiana, interviewed him this morning with i view of reconciling the Radical differences in that Stale. The Presidential Jnnketcr. WASHINGTON, July 23. The President leaves Washington aualu to? morrow niiiht. The cabinet to day had noth? ing of public consequence belore ll and the Diislness was soon over. All the members tvrre present excepting Delano, who ls on his way to stump North Carolina for Grant and Wilson. , _,"... Spotted Tall and bis braves wiU interview ;he President to-morrow. A $2,000,000 DEBTifflULLED THE BLUE RID OE SWINDLE KILLED: The Bond Serif1 Act Declared Vncon s (il ut iv. ni ?nd Void. [SFZCIAL TBLBORAll TO THB MKWS.] . COLUMBIA, July 23. The case o? T. J. and H. M. Gibson, and other creditors, against Treasurer Parker, came up In the Supreme Court to-day, and was again postponed on account of the ab? sence In Charleston of Parker's counsel, Messrs. Chamberlain and Melton. The case ls set for Thursday next, out K ls not thought that the defendant's counsel Will be on hand, and a further postponement will probably ensue. Judge Willard announced his decision to? day in the case of the Stats e^relatlone Edwin F. Gary, auditor, vs. Parker ind others, 8tate and county treasurers. Thlsus the Blue Ridge, sorip case. T e decision ls vary lengthy, and entirely satisfactory to the plaintiffs. The act o? Assembly under which the scrip was Issued Is pronounced null and void, as contravening the clause of the Constitution of the United States prohibiting the States from Issuing bills of credit; and the Injunction heretofore grant? ed against the receipt of the scrip for tuxes and the Issuing of lt is sustained, and remains of full force. The counsel lo the case were Pope and Haskell for the plaintiffs, Magrath, Melton and Chamberlain for. the defendants. The amount saved the State lb something over two million dollars. The opinion of Judge Willard concludes as follows.- "Considering the act In ite entire aspect, as well as Its inte? gral parts, lt ls clear that trie Legislature In? tended that the scrip Bhojild circulate as money, and that for this reason the provisions of the act authorizing the Issue of scrip are In conflict with the prohibitions of the Constitu? tion of the United States as to the emission of bills of credit by States. The act being un? constitutional, lt Is void. So far as lt contem? plates the Issue of revenue bond scrip lt ls un? important, therefore, to Inquire whether the scrip that was actually issued was conformable to, and authorized by, the act. The Injunction heretofore Issued must be continued until the Anal hearlog and determination ol the action." Qm VITE. THE ARBITRATORS AT WORK. The Florida Claim Settleri-Tiie Case of the Alaban.? Taken ap-Britain's Demurrer Or.rralert. NEW YORK, July 23. The World's special, dated Geneva, July 22, says thu claims for damages caused by the vessels Boston, Sallie, Jeff. Davis, Joy and Music havo been dismissed by the arbitrators. The demurrer of Great Britain concerning the other vessels Is overruled. The case ot the Florida was concluded to-day. The decision, lt ls believed, awards $2,600.000 damages for her depredations. The board took up me case of the Alabama to-day. .Reporting Under Difficulties. GENEVA, July 23. . There was no session of the triouoal arbi? tration to-day, nor will there be to-morrow. The precautions to preserve the secrecy of the deliberations of the tribunal extend to the most minute particulars, and nothing what? ever can be learned relative to Its proceed? ings. THE BRITISH ARGUMENT. English View of the American Claims. By the latest loreign malls comes a copy of the argument presented by the British agent before the court ol arbitr?t! on at Geneva. It ls mainly an epitome of the counter-cases sub? mitted two months ago, and, while acknowl? edging nothiDg as actually due, Incidentally submits the estimate of the London board ol trade for $8,G23,795, ami the estimate of the British government Itseli at $1,880,920, as even hypothetically due. The argument takes posi? tion as follows: As to the cruisers, Tallahassee and Chlcka roauga, lt ls maintained that no failure of duty has been ever alleged against this country. These were built and used as ships of com? merce, and only by an afterthought, and when they were within the water ot the Con? federate States, were they armed for war, and that In the Confederate port of Washington. The Sumter and Nashvlllo were not even built in the Queen's dominions; nothing 1B alleged against the Queen's government In respect ol their outfit, and setting aside some minor complaints that will not hear examina? tion, they only received In British ports such hospitalities as were extended to Confederate vessels in general In the ports ol neutral nations. The Retribution was not built or fitted out In the Queen's dominions; and the facts alleged show nothing more than that her commander upon one occasion Bold a cargo of a captured vessel In a British port by person? ating the master of his prize. The Clarence, Tacony, Archer and Tusca? loosa were merely tenders of the Florida or Alabama. The discussion thus confines Itself practically, as well as of right, to the Alabama, Florida, Georgia and Shenandoah, the four vessels on account ol which claims were made' by the United States against 'Great Britain be? fore the conclusion of the Treaty ot Washlog ton. AB to these vessels, the charges made by the United States are that the British Govern? ment did not exercise due care to prevent them from being equipped or specially adapt? ed within Brlilsh territory for war against the United States; that the same government did not cause them to be arrested or detained when they subsequently sailed to British ports, and that they were suffered In such ports to obtain supplies and effect repairs of a nature or to an extent Inconsistent with the obliga? tions of a neutral power. It ls not for Great Britain to prove these charges erroneous, but for the United States to prove that they, are true. The argument concludes: From the premises set forth the following results are deducible: That on the 1st of De? cember. 1862, only two suitable vessels were IQ actual pursuit of the Alabama; that on the following December the two were reduced to one; that when she was sunk there were only three, Including the Kearsage; that lhere were never more than three effective vesselB In search of the Alabama at one time; that during the months ot February, March and April, 1863, there WBB no effective vessel In pursuit; that the average number of United States vessels. In pursuit while the Alabama was pursuing her career was less than two; that the United States navy was increased from four hundred to six hundred vessels during this period, a considerable proportion of which were suitable vessels; that on the 1st ol December, 1862. no vessels were In pursuit of the Florida; that on the 7th December, 1863, no vessels were la pursuit of the Florida: that on the 7th October, 1864, when captured at Bahia, two vessels were in pursuit of her, exclusive of the Wacbusett; that no United States cruiser was sent In spe? cial pursuit ol the Georgia, nor ot the She? nandoah; that the claim tor the conditional arbitration considered admissible (upon the hypothesis explained In the admiralty report) oh account of the Alabama should be accord? ingly ltirther abated by S63C,104 21: on account of the Florida, $32,736 29; on account ol the Sumter (see Connecticut, P- 83,; $26,651; and the hypothetically admissible amount so cor? rected would stand thus : For the lour Con? federates In class L $940,460 24; for the Ala? bama onlv, $891,580 82; for the Florida only, $48,879 42'. WRECK OF A COASTING STEAMER. EASTPORT, MAINE, July 23. The steamer New England, from St. John's for Eaetport, ls reported wrecked off the coast of Maine. All the passengers were saved. HUNTING THE OUTLAWS. Full Particulars of the Killing or Tom Lowery-He Die* Hard-The Body De? livered to hi? Wife-The County Be* ward Paid, dee., dec. From the wilmington papers of yesterday we glean the following particulars of the shooting and killing of Tom Lowery, one of the gang of Robeson outlaws, on Saturday morning last: On Thursday night last, Mr. A. S. Wishart, brother of the late Colonel F. M. Wishart, who was so foully murdered by the outlaws three months ago, having called to his assistance a few resolute and darlDg young men, Bet out for Scumetown to look alter the outlaws, and. If possible, to avenge the death of his gallant and lamented brother. The party consisted of Robert Wishart, A. S. Wishart and thee young men. named respectively McKay, Campbell and Cobb. Proceeding to the neighborhood of the out I laws, the band secreted themselves along the roads usually travelled by them In their walks about the country, and waited patiently lor an opportunity to put their design in exeoutlon. Nothing was seen, however, of any of the sang, which now consist of three members, Stephen and Tom Lowery and Andrew Strong, uni il Saturday morning, about 8 o'clock, when Tom Lowery appeared In sight on his way to Union Chapel, where the candidates were to meet and address the people on that day. Tom was armed with a rifle and three repeaters, and walked leisurely along, unsuspecting ot danger, until at a point opposite where the young men were concealed, he noticed the tracks they had made Io crossing the road. He now seemed suddenly alarmed and com? menced cursing bitterly, when suddenly tne little band instantly discharged their pieces. Each of the four phots took effect, and, uttering a yell of terror and pain, the outlaw plunged Into the swamp and ran about Atty yards, when he fell down dead. Seizing the body, they carried lt upon their shoulders to.the public road, a distance of halt a mlle, where they pressed a passing wagon, and tous carried the dead body to Lum berton, where lt was delivered to the sheriff. On Lowery's body was found the arms alluded to above, and a gold watch, the property ot Mr. John McNolr. As the young men approached him when he fell lo the swamp, he made an attempt to draw his pistol on them, but was too weak. One hand was clenched firmly about his gun, (a Spencer rifle,) so much so that lt was with difficulty that the lingers could be unclasped. The corpse was then fully identi? fied as the body of Tom Lowery, by persons who were well acquainted with bim, after which lt was delivered to his wife, who bad lollowed the remains of her husband to Lum berion and made application for the same lor burial. The body was then taken to Eureka Church, where the funeral was preached on Sunday afternoon, and about lour o'clock was burled In what ls known as Slack Swamp Graveyard. We learn that nearly the whole of the residents of the Scumetown section were preseut at the luneral, many of whom were armed, lt being the impression of the nu? merous friends of the outlaw that an effort would be made to rescue the body, in whicb case they were prepared to resist the attempt by force of arms. A letter from Andrew Slrong and Stephen Lowery, the only two remaining members of the gang, bas been received by Robert Wish? art, tn which they express their determination to kill all who participated In the killing ol Tom Lowery. At the time Lowery was dis? covered by the young men who were watching for him, he was in company with a white man by .the name of Fairney Provatr. This Individ? uar, when the firing commenoed, made the best, sort of time up the road. Young McKay, lt ls stated, fired the first shot. The reward offered by the County of Robeson was paid over to the parties on Saturday afternoon, and a gentleman irom Lumberton, armed with the necessary papers, passed through here yes? terday en-routa.iorjRalelgh for the purposttof Securing the reWard offered by the Statu. The whole amount, Including that received from the county, will foot up six thousand two hun? dred dollars. THE SARATOGA RACES. Bassetl's Latest Victory. The first meeting of the racing reason at Saratoga closed on Friday with three vigorous encounters, briefly reported by telegraph, In which Belmont's Woodbine, McDaniel's Harry Bassett, and McDaniel's Tubman were re? spectively the winners. The most Important was the second race, In which Harry Bassett measured strength aud speed for three miles with another one of old John Harpei's splendid horses, Lyttleton. The New York Herald says: Since the prostration of Loug?ellow, Lyttle? ton probably takes the second place In Ameri? can sporting consequence. The son ot Leamington, like Longfellow, and the grand? son of Lexington, Lyttleton is a smallish brown bay, with a white nose and white feet, short and wiry, and very strong without great stature. Among horses be is what might be called among men a "singed cat," possessing capacities beyond his appearance; no dramatic action, but that plain speed and bottom which denote real horse sense. People who took an Interest In him once continue to feel lt, and grow enthusiastic before long. Although out? sold at great odds in the pools, and beaten in the three-mile race by Bassett, Lyttleton yet made BO game a contest that, In the opinion of some, Bassett was hard pushed to cross the pole ahead. Others said that the champion was held back all the while and made no effort. However this may be, it was a superb race to look upon, and in the heavy track, full of mud and wet, the three miles was run in 5.43J. j The two horses made a good business-like start, Bassett leading about one length, and at the half-mile pole the same interval was observed. Lyttleton closed up nearly, the whole of this gap at the three-quarter pole, and the two steeds crossed the grand stand amid considerable well-bred enthusiasm, nearly abreast, Bassett bounding along like a balloon In the breeze. While the negro, sitting taut as a statue, on Lyttleton, showed a bright eye, animated In the ride and in full nostril, like his emulous horse, the white boy, cool and obedient to orders, watched both horses at once out of the corners of his eyes; and so they crossed the mlle and a half with Lyttleton two lengths In the rear, but at the three-quarter pole he was again at Bassett's saddle girths, and they completed the second mlle, riding at tremendous speed and force, and louly cheered, Bassett about a length ahead. The blue jacket, red sash and red cap ol McDaniel's boy had little advantage of Har? per's negro In his faded yellow green, as they gal loped together, in a irlendly freedom, the whole ot'the third mlle, and Bassett crossed the line the winner by about two lengths or ?ess. All the people were up now bellowing, and the Bohemian pony proceeded to nose along the track as if to find something he coula play with. THE NEW TORE VEGETABLE AND FRUIT MARKETS. The Dally Bulletin of Monday, July 22, eaye: New potatoes are In good supply and rule about steady. In vegetables Southern toma? toes and cucumbers can hardly be disposed ot at any price. Other kinds without particular Change. We quote: New potatoes SI 6?a2. Greeu cora 75ca$125 per 100. Southern onions, per bbl, $2 25a2 50; do Connecticut S2 50?3 per 100 string*. New rareripes S2 per bbl. Cucumbers. Jersey, $1 50 per bbl, and Long Island 50a??c per bbl. Squash, Der cas? ket, 50c; do marrowfat, per bbl, $lal 50. New turnips $2a2 50 per bbl. Cabbages $4a6 per 100. Green onious $4 per 100 bnncheB. Beets, Jersey, $4a5. Southern tomatoes 50a75 per crate; Jersey $lal 50 perorate, and SI per bas? ket, and Long Island $2 50 per basket. The Bulletin of the same date comments as follows about the fruit market: There ls very little change to notice in ibe wholesale market to-day. We quote: New apples, good, $160a2 60 per bbl, 50oa$l per crate. Watermelons $50a70 per 100. Nutmeg melons $3 60a4 per bbl. Pears $2a9 per bbl. Peaches, Delaware, $4 per crate for choice: $1 50 per crate for South of Delaware. THE FLEECY STAPLE. THE FIRST BAZE OF NEW COTTON. It ls Sold at Mnety-three Cents Per Pound. The first bale of new cotton was reported by telegraph as having reached Galveston a few days since. A further dispatch from that city says that the bale was sold on the 16lb instant by Focke & wilkins to Richard A Hawkins at ninety-three cents, gold, per ponnd. The New Orleans Times notices the matter as follows : The laney price of 93 cents gold per pound paid for the first bale of new cotton received at Galveston must bave been predicated on the premium of $500 offered tor the first bale by the St. Louis Cotton Association. A baie of 400 pounds at 93 cents gold ts equal to about $420 currency. If the holder of the bale re? ceive the $500 prize and then sell at the fancy price of 25 cents per pound, be will receive $600, showing a profit on the transaction o? $160, less transportation and* other charges. But to secure this .he has to run some risks. Had the weather been clear and warm, he might have been preceded by a bale from Louisiana or Mississippi. Three weeks ago we heard of parties at vicksburg preparing to rush forward a bale of new crop, and the planter who sent the first bale to this market last year waa about making the effort to take the honor and the price. The showery weather, however, bas dispelled tbelr hopes, and we have Leard of nothing farther from them on the subject. We have little or no doubt that this Texas bale lrom the Rio Grande will be technically entitled to the St. Louis premium If lt be first presented, but rather suspect that, In offering the price, our enterprising irlends up the river contemplated colton from some part of the wide cotton teglon to the business of whloh they aspire, and did not Imagine they would find a competitor for the prize from the bor? ders of Mexico. The New Orleans Price Current of Saturday last says: A baie of the new crop, from the plantation of Widow HauBman, Dallas county, Texas, passed through this city on the 18th, by ex? press to New York. A sample ol lt, drawn at Galveston, was exhibited at the Cotton Ex? change by Messrs. Clason & Wletlng. This ls the bale which sold at Galveston at 93 cents per pound, gold, equal to abont $425 currency ; in addition to which, Mrs. Hansman received a premium from the Galveston factors of $200, making a total of 1665. We also hear that lt waa Eassed free over the road to Galveston, t ls consigned to Messrs. Fat tm an <t Co., and it ls supposed will be shipped to Liverpool, but may be offered lor the premium ot $300 of? fered by the New York Cotton Exchange. Another bale ls en route from the Rto Grande, in the steamship Harris, detained by ground? ing In Arkansas Bay. It ls expected here to? day. There ls some question whether the Dallas bale ls not mixed, old and new. We learn from the Galveston News of Tuesday that another hale was expected shortly lrom Columbus. Thus there are three bales of new cotton In sight. The earliest receipt at this port was In 1860, when the first bale came to hand on July 5th. The first receipt last year was a bale on the 27th July, from Texas, on the Guadeloupe River, near Victoria. It was a full size bale, weighed nearly 600 pounds, classed middling, ana was bought at 27 cents for shipment to Providence; R. I. The Cotton Crop In the Southwest. The Mobile Registrar of Saturday, the 20th instant, says of the late destructive freshet In Alabama that "the heavy and general rains throughout the State have done great damage to the crops. Most of the plantations along the Coosa, Tallapoosa, Alabama and Warrior Rivers have been Inundated, resulting most seriously along the latter, as almost the en* 'Ttlo ciop to rcporforf -minmi Th? low lands. also, through the interior have been generally overflown. It ls estimated that the cotton crop of this State "Viii be decreased about 75,000 bales by this sad misfortune, but we encourage the hope that the Injury may not be BO great; and lt will be better to wait for future developments than rush to conclusions at this time. Caterpillars have certainly ap? peared, though the Injury done ls as yet limited. The corn crop has also been con? siderably damaged, and the yield will be much less than was anticipated ten days ago." The New Orleans Price Current of Saturday last mentions that "the weather has been sea? sonable, but not unusually warm, with dally showers. The previous worra reports have been confirmed and have become more gene? ral, In addition to which accounts of disastrous floods have been received from Alabama, Indi? cating the IOBS of a large portion of the crops In the low lands of the Alabama, the Bigbee, the Warrior, the Tallapoosa, the Coosa and other small streams. The crop prospect ls certainly less encouraging than last week, and outside estimates are generally dropped. From Texas, on the contrary, we hear of none but the most iavorablo reports. Worms bave appeared there also, but the plant ls so much advanced and Its foliage so tough and matur? ed, that they cause but little uneasiness, and the prospects are that the yield will be largely In excess of last year." The above are two of the best Informed au? thorities in the Southwest. THE AGRICULTURAL REPORT. Condition of Cora and Wheat Crops In July-Thirty-five Jillllon Acres Ot Corn Fields-The Prospects for Wheat Unchanged. WASHINGTON, July 23. The July report of the Departmeut of Agri? culture ls now ready. The reports o? corn represent nine hundred and eighty-nine coun? ties, including an area usually producing seven hundred million bushels annually, and indicating an Increase ol three per cent. This is equivalent to more than three quarters of a million of acres, and the total area In this great orop of the country, which nearly equals In extent the aggregate ol all other tilled crops together, ls probably abont thirty-five million acres. The States In whloh an Increase In acreage ls reported are as follows: New Jersey 2 per cent., Pennsylvania 2. South Car? olina 2, Georgia 1, Alabama 3, Mississippi 1, Louisiana 8, Texas 8, Arkansas 4, Weat Yirglnla 2, Kentucky 2, Ohio2, Michigan 10, Indiana 1, Illinois 2, Iowa 1, Missouri 4, Kansas 28, Nebraska 20, California 1. A diminution ap? pears In Maine of 4 per cent., Vermont 2, Massachusetts 4, Rhode Island 5, Connecticut 6, New York 1, North Carolina 2, Tennessee 1, Wisconsin 4, Minnessota 4. The area In the remaining States is reported the same as last year. Or the reports from nine hundred and eighty-nine counties, two hundred and sixty three place the condition ol the crop above 100, tour hundred and thirteen below 100. Illinois is represented by sixty-five counties, of which twenty-two stand above the average, and twenty-three below. Of sixty-four coun? ties In Missouri, the condition o i corn ls above toe average In sixteen, and below In twenty five. Of thirty-six counties In Kansas, eight only send figures less than 100. In Iowa, where the cool and cloudy weather general? ly prevailed in trie spring, loll o wed by change? able weather, and In some sections heavy rains, only two reports of counties are above 100; and in Ohio, where tbe drought has been severe, but three reports out of forty-five give figures higher than loo. Tbe States making returns higher than 100 are: Vermont 101, North Carolina 101, Alabama 116, Mississippi 110, Louisiana 119, Texas 110, Kentucky 103, California 101. Tne following return the con? dition as below the average: Maine 96, New Hampshire 98, Massachusetts 96, Rhode Island 92, Connecticut 98, New York 95, New Jersey 96, Pennsylvania 98, Delaware 92, Maryland 92, Virginia 94, Soutn Carolina 96. Georgia 94. Florida 78, Arkansas 95, West Virginia 96, Ohio 90, Michigan 96, Indiana 95, Illinois 99, Wisconsin 86, Minnesota 86, Iowa 88, Missouri 97, Kansas 98, Nebraska 97, Oregon 97, Ten? nessee is placed at 100. An Improvement in the condition of wheat is reported from New York, Maryland, Vir glnla, Michigan, Missouri and Kansas, and to a silzbt degree in eome other States, while a small decline ls reported In Ohio and In Mme ol the Southern States. The averages In the winter wheat States stand as follows: Con? necticut 94, New York 78, New Jersey 69, Pennsylvania 69. Delaware 76, Maryland 67, Virginia 99, North Carolina 112, South Caroli? na 103. Georgia 102, Alabama 116, Mississippi 108, West Virginia 96, Kentucky 112, Ohio 76, Indiana 98, Missouri 66. The States producing almost exclusively spring wheat stand as fol? lows: Maine 108, New Hampshire 103, Ver? mont 104, Wisconsin 101, Minnesota 110, Iowa 108, Nebraska 112, Oregon 95; Callfornlafwhlch ls not full v reported, 12b for early sown and 112 for late; Kansas, spring 95, winter 60; m ino ls, Bpringl04, winter 92; Michigan, spring 98, winter 81. The average condition fortbe United States is almost exactly the same as in Jone, or 94, which ls six per cent, lesa than the average. The quality of the grain is uniformly superior In the Middle States. In Ohio, Michigan and Missouri, and wherever Inferior condition Ia reported, the straw ls short, buttha heads are generally long and well filled and the kernel plump and heavy. The quality of Southern wheat will probaoly prove as fine as any ever produced In that section. In the spring quali? ties, the fullness of die heads in proportion to the quantity of straw canses the yield to exceed the expectation, and may go for the offset of the small decrease In reported condi? tion. It is quite probable that the general excellence of the grain will make the crop ot eqnal value with that of last year. There has been almost an entire exemption from nut, and comparatively little complaint of Insects. The Hessian fly ls reported in several placea, more numerously In the Ohio Valley, and the chinch bug has caused losses In many coun? ties ot Illinois, Iowa and Missouri. A SOUTH AMERICAN WAR CLOUD. Ero Jarano, July 23. The three iron-clad s for which the Argen? tine Congress voted $2,600.000 nave been Or? dered. From the large quantities of arms ar. riving it would seem that the Argentines are making preparations for threatening war. ' THE WEA TH ER THIS DA T. " WASHINGTON, July 33. Pleasant weather, with south westerly winds, will probably continue on Wednesday tn the Southern and Gulf States. The area of lowest barometer will move down the Qt Lawrence Valley, with cloudy and rainy weather ever New York and New England. Partially ' cloudy and pleasant weather will prevail from Pennsylvania to Virginia. THE JESUITS ZN ENGLAND. LONDON, July 23. In the House of Commons thia afternoon there was some discussion upon tb? subject of the arrival of Frenob Communists In England, during which a significant question was put to government by Slr Robt, Peel. Aftt?r alluding to the fact that Germany bad expelled the Jesuits, he asked the premier whether the Government of Great Britain- intended to en? force tbe section ol the Beman Catholic relief ant of 1829, which provides tor the banishmetit from Eogland of all members ot the Society of Jesus. Gladstone In reply said tte subject was aa Important one, ana most be taa-n into serious consideration by the government. He added that though the law In question was now nearly half a century old, no steps had yet been taken for Its enforcement. SVARKS FROM THE WIRES. , ' -Judge Griffith, of Jersey City, died sud? denly yesterday. -John J. Kelley, a prominent merchant of Savannah, ia dead. -The eight-hour strike in New York seems to have entirely collapsed. -Major SterrlU Ramsey, the oldest p&ymaa-' ter In the United States navy Is dead. rfe?^d'WnesWs with. -Helen Josephine Mansfield Lawlor, the. heroine of the Flak-Stokes tragedy, ls to be a witness In the Barrett trial at Saratoga. -Miss Gabriella McKean attributes the re? port that she was instrumental In MoKean Buchanan's death, to the malice ol a discharged agent of the latter. ? -The list of Internal revenue supervisors will be promulgated from Washington to-day, and several oth?r appointments, which were decided upon yesterday, will be made by th? President. -Alderman William MoMulUn was shot by a fiatdoned convict, In Philadelphia yesterday, n a quarrel over a stolen bouquet.. The Dall bas been extracted, and his revovery ls boped for, but his condition ls still critical. THE ICE QUESTION.-The Tudor Ice Com? pany, proprietors of the Meeting street Ice House, announce that they are not by any means out of Ice, and do not Intend te be; that on the contrary they are busily dispen? sing the crystal luxury to all comers at one cent per pound; and are in ccrfstant receipt of ample supplies for all demands. This ls a nice and comfortable condition of things in this state of the weather, and must be pat down as another advantage of Charleston as a summer residence over New York and those other unfortunate villages that are reporting the thermometer up among the nineties and no Ice to be had for love or money. CHARLESTON COUNTY TAX SALES. The sale of county real estate of delinquent; taxpayers was resumed at the Fire-proof building yesterday. The following pieces wera knocked down to the State: Murray, Thomas, 100 acres, Sixth Dis? trict.$ 47 35 Murphy, Dennis, 100 acres, Sixth Dis? trict. 64 60 Murphy, J. F., 1 building, Sixth Dis? trict. 21 20 Morris, F. R. or E. R., 3600 acres. Sixth District. 192 19> McKllver, R. A., 430 acres, Sixth Dis? trict. 108 13 McKllver, Robert. 366 acres. Sixth Dis? trict. 81 83 McCante, D., 446 acres, Sixth Dis? trict.:. 66 42 Nell, O. B., - acres, Sixth Dis? trict. 16 81 Neumeyer, W., 70 acres, Sixth Dis? trict. 28 9T Nolsetr, Samuel, 6 acres, Sixth Dis? trict. 19 75 Nlsbit, Prime, vacant lot, Summer? ville. 16 49 Owens, E-tate Alexander, 100 acres, Sixth District. 1916 Parker, A. E., 3i0 acres, Sis* Dis? trict..-. 46 12 Payne, Thomas, l acre, sixth Dis? trict. 65 M Perry, P. J., 2 houses and lota, Sum? merville. 39 69 Perry, J. J., 40 acres, Sixth District.... 49 7T Pi nek ney. Thomas, 66 acres, Sixth Dis? trict.. 40 69 Plnckney, Pompey, 26 acres, Sixth Dis? trict. 2117 Porcher, William, 1700 acres, Sixth District. 172 86 Porcher, Estate F. L.. 1400 acree, Sixth ^ trlct..446 70. Price, James, 19 acres, Sixth Dis? trict. 71 04 Paris, Abram, 52 acres, Sixth Dis? trict. 16 66 Ravenel, J. G., 1200 acres, Sixth Dis? trict.,.213 38 Ravenel, Thomas, 1187 acres, Sixth Dis? trict. 220 79 Rhett. William, 220 acres, Sixth Dis? trict. 168 67 Rings, W. B., 63 acres, Sixth District.. 47 09 Hiker, Ella D., 90 acres, Sixth Dis UlCt.:. 31 IO Robertson, Robert, 8 acres, Sixth DIB? trlct.65 67 Root, W. A., 25 acres, Sixth District... 80 71 Budd, Estate Eil. 160 acree. Sixth Dhv trlct. .... 17 17 Bassel, Charles, 42 acres, Sixth Dis? trict. 17 Og Ring, Conrad, 70 acres, Sixth Dis? trict..-. 34 37 The sale win be continued to-day at the Let? ter S of tue dillnqueDt list for the Sixth Dis? trict,