Historical Newspapers of South Carolina

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MESSAGE NO. 2 OF HIS EXCELLENCY GOV. ORR. EXECUTIVE DEPARTAIENT SOUTH CAROLINA. COLUMBIA, November 30, I860. j 'Gr?finnen of flu' Senate and House of Representatives: The second Section of the second Article of the Constitution of this State imposes upon me the duty, each regular session, of re? porting to the General Assembly "all pardons granted by me, with a nf;I statement ol' each case, and the reasons moving-me thereunto." In conformity with this Constitutional requirement, I respectfully submit the following report of pardons and reprieves granted by me since the adjournment of the last regular session of the General Assembly. " . . JAMES L. ORR. EXMORE R. FOSTER was convicted of petit larceny before Judge Aldrich, Sju'ing Term, Charleston District, 18GG, and sentenced to whipping and imprisonment. Tho prisoner was "recommended to mercy," in their verdict, by thc Jury. He was a youth not more than fifteen years of age; and, after his conviction, testimony was discovered, which Judge Aldrich, in a letter addressed to me, re? commending the pardon of young .Foster, says: "I am certain, however, thai, if General Conner's testimony had been before the Jury, he would have been acquitted." The statement of General Conner is appended to the application for pardon, and I concur in the opinion expressed by the Judge, that if the testimony had been heard by the Jury, their verdict would have been most likely an acquittal. T therefore remitted the whipping, 19th February, I860. HENRY GROGANS AND WIFE were convicted of petit larceny before Judge Moses, Spring Term, 18(56, at Pickens, and sentenced to four months imprisonment and one stripe each. The defendants were seventy-five years of age, had always main? tained good characters up to the transaction, and their children are respectable. I therefore remitted the whipping, 1st April, 18GG. HENRY KLINTWORTII was convicted of retailing without a license, before Judge Wardlaw, Spring Term, 1863, at Charleston; sentence published by Judge Glover, Spring Term, 1866, and was sentenced to pay a fine aiid bc imprisoned for three months. Fine remitted and imprisonment pardoned, on condition that de? fendant pay a'.} costs. Recommended by Attorney-General; 30th April. 1866.' J. H. L. ScncEUEF.T was convicted of retailing without a License, before Judge "Wardlaw, Spring Term, 1SG3, at Charleston; sentence published by Judge Glover, Spring Terra, 1866, and was sentenced to pay a fine and be imprisoned for three months. Fine remitted and imprisonment pardoned, on condition that de? fendant pay all costs. Recommended by Attorney-General, 30th April, 1866. ?vJrs. P. F. PLFIGER, late SCHMIDT, was convicted of retailing with? out a license, before Judge Wardlaw, Spi'ing Terni, 1S63, Charleston. Sentence published by Judge Glover, Spi'ing Term, 18GG, and was sentenced to pay a fine, and be inrprisoned three months. Fine remitted and imprisonment pardoned, on condition that defendant pay all costs. Recommended by Attorney-General, 30th April, 1866. " * JOHN J. KINSLER was convicted before Judge "Wardlaw, Spring Term, 186-1, at Columbia, of an assault and battery, and sentenced to pay a linc of five hundred dollars, and costs of prosecution. Thc defendant died after his conviction, and most of the property of the estate was destroyed by fire in 1865, and by subsequent emancipation. The fine was imposed with reference to Confederate currency. Fine remitted on payment of all the costs and prosecution, 5th May, 1866. MICHAEL BRENNAN was fined twenty dollars and seven per cent, on tax, for neglect of Jury duty, before Judge Aldrich, Spring Term, 18G6. Richland District. The fine and forfeiture in this case remit? ted on payment of all costs that have accrued. I was satisfied, if the excuse of Brennan had been presented to Judge Aldrich, that the rule would have been discharged on payment of costs. It was not presented by reason of the misunderstanding of B's. counsel, as to the sitting of the Court on the day tho contingent docket was called, and it should not prejiidice B., as he was confined to his bed by sickness, 12th May, 1866. HANNAH COOK was convicted of larceny before Judge Glover, Spring Term, 1866, Charleston, and sentenced to be imprisoned four months, receive one stripe, and pay a fine of one hundred dollars. The whipping remitted on recommendation of the presiding Judge, and because she was a woman-16th May, 186G. CE?THIA HOWARD was convicted of grand larceny before Judge Moses, Spring Term, 1866, Pickens District, and sentenced to four months imprisonment, and one stripe, at termination of it. The whipping remitted on recommendation of presiding Judge, and because defendant was a woman-16fch May, 1866. EDWARD O. KANE was convicted of petit larceny, before Judge Glover, Spring Term, 1866, Charleston District. The prisoner was too ill to appear for sentence. He is now in prison, and the ? Attorney-General and attending physician both certify that he will die unless discharged at once from jail. Pardoned 18th May, 1866. LAFAYETTE J. WOOLF was convicted of retailing without a license, before -Judge Wardlaw, Spring Term, 1863, Charleston District; sen? tence published by Judge Glover, Spring Term, 1866, and was sen? tenced to pay one hunched dollars fine and costs, or be imprisoned one month. On recommendation of Attorney-General, the sentence remitted on payment of all costs. ARTHUR BENTON, JR., was convicted of murder before Judge Munro, Spring Term, 1866, Horry District, and sentenced to be hung 27th of June, by Court of Appeals. 1st. The pardon is asked for by a respectable petition from citi? zens of that District. 2d. By the Jury who tried the prisoner, and who certify that they determined to apply for Executive clemency, before leaving their room, as they "did not believe his punishment ought to be death." 3d. The nature of the weapon used-a small walking cane-was uv, instrument not likely to take life, and there was nothing to show malice in the case, except the killing; that tho prisoner's intention was simply to beat Todd, and not murder him, and that the killing, therefore, was really accidental. 4th. In consequence of the disorder in society for two or thre? years past in that District, and the impolicy of bringing all acts o: violence to trial now, would injure rather than benefit society. Th( presiding Judge recommends that the death penalty be commuted and some less punishment imposed. In view of all these facts, I determined to commute the deatl penalty on tho following conditions : That the said Benton shal remain in close custody until the first day of January next; that h< be released from jail by tho Sheriff of Horry District on that day and within ten days next thereafter, he shall leave tho State o South Carolina, and not return within its limits for a period of twi years, on thc express condition that, if he does, tho original sen tence of death shall be imposed on him. 28th May, 1866. JOHN Td. BROOKS was convicted of horse stealing before Judg Moses, at Spring. Term, 1S66, Anderson District, and sentenced t be hung on tho 13th of July. The testimony shows that Brooks, if not weak-minded, was ver easily influenced; and the other party, Williams, who was arreste with him, but who escaped before reaching the jail, was evident! the leader in the larceny, and, if he had been brought to trial, woul d ?ubtlcss not have escaped a conviction. -The Jury who tried tl eise made a part of their verdict a recommendation to "Execute clemency." They state, in a subsequent paper, signed by all tl panel, that Brooks would not have been convicted, but for the r commendation to mercy, and their belief that such recommendatic would secure his pardon by the Executive. The Judge who tried the case, in reporting the facts to the Exec ^t^^^?^N^^^^rob^ irroat" ^ said to bc frit, in j the District, for the unfortunate convict-his youth, the escape of | the party possibly most guilty in the transaction, and the very recent ! enactment of the statute making tho offence capital-Uiat'a full par? don, or one in extension of the imprisonment, may have a better effect in preventing the offence than the execution of the criminal. If your Excellency sees fit thus to interfere, I do not think the public justice of the country will be prejudiced." There has also been a petition presented to me, numerously signed by respectable citizens of An-! : derson, urging the pardon of Brooks, mainly upon the ground that they are satisfied that whatever his agency in the transaction may have been, that it was not the result of any voluntary and active intent on his part, but was "solely due to the influence exerted over him by others more evilly disposed." From a careful consideration of thc facts of the case, I have de? termined to commute the punishment of Brooks from death to imprisonment until the 1st day o'' ^.nuary, 18(57, and issued a par? don accordingly, 12th of June, V JAMES RAUTIX, J. H. S. SMITH and H. WEATHEBHOKWE, were con? victed of burglary and larceny before Judge Glover, Spring Term, 18GG, Charleston District, and sentenced, each, to be hung on Fri? day, the 6th day of July. The Jury who tried the caso recommended tho prisoners " to mercy" in their verdict. A petition, numerously signed by many highly respectable citizens of Charleston, has been sent to me ask? ing a commutation of their sentence. There 4s no. doubt of the guilt of the parties, and they seem, from their ages, to have pro? gressed with rapid strides in crime. Yet their extreme youth pleads some commutation of their sentence. Their ages are eighteen, sixteen and fourteen years, respectively. In consideration of their very tender years, I have respited the execution of Lheir Sentence until the first Friday in January next. 18th June, 1SGG. The Legislature having established a Penitentiary, it is my purpose to commute the death penalty to imprisonment at hard labor in the Penitentiary for a term of years. November 1, 18C>C>. WILLIAM HIGHFIELD was convicted of rape, before- Judge Glover, at Spring Term, Charleston District, 1866, and sentenced to be hung on Friday, the 29th of June. It was represented to ino that thc prisoner was insane. I appointed Drs. Ozier and Miles a com? mission to examine into and report his "mental statut*. They report "that he is not now, and has not been for months past, compos mentis, and that it would be unsafe for him togo at large." Upon this recommendation, I respited the prisoner until tho first Friday in January, 1867, and directed the Attorney-General to take the necessary steps to determine if he was insane, and ii' so found, that he be transferred from prison to the Insane Asylum, at Columbia, for treatment, 19th of June, 1866. The prisoner was found insane by the inquisition, and is now in the Insane Asylum, at Columbia, and T have pardoned him absolutely-his insanity, at thc time th( offence was committed, having been cstabbshed to my satisfaction. 1st November, 1866. \Y. A. ROSE was convicted of manslaughter, before Judge Moses, at Spring Term, Laurens District, 1866, and sentenced to one year'* imprisonment, and to pay a tine ot one thousand dollars. 1st. The. killing took place in the prisoner's own house, under cir? cumstances of great provocation, and was certainly involuntary according to the affidavits of two witnesses, whose respectability it undoubted, and who were bound over by the State, but not sworn. Rodgers, the deceased, was the aggressor, first by words and ther I by blows; and if they had given that evidence before the Jury. Rose would very probably have been acquitted. The instrument used-a metal water-pitcher-was the first thing that Rose lait." his hands on, and the blows stricken by him on Hedgers were in? flicted behind Rose's own counter, whither Rodgers had golfe tc continue his assaults, he having first thrown a decanter at Ro&'e'? head. 2d. The Jury who tried the case unanimously recommended him to Executive clemency. 3d. A petition, signed by two hundred or mere eL sens of Lau rons, urgently commend the case of the prisoner to Executive cle mency. The names of the petitioners embrace many of the mos" intelligent and respectable citizens of the District, j 4th. Dr. Traynham certifies that Rose is nov.- suffering with in I termittent fever; that his health is seriously impaired; and that hi will not be likely to survive thc summer if he is continued in prison I have, therefore, for the considerations above, set forth, pardoner the remainder of his impriss?nment-(he having already been im prisoned more than three months)-and haye remitted one-half o the line imposed-he being a man in very moderato circumstances 19th July, 186G. PETER L. BARTON was convicted of manslaughter before Judg Moses, Spring Term, Pickens District, 1866, and sentenced to si: months' imprisonment and to pay a fine of five hundred dollars. The provocation was great. The presiding Judge recommende? that one-half of the imprisonment be remitted and half the fine. J petition, numerously signed by the most respectable citizens of th District, asking a full pardon, has been presented to me; also, a pc tition of more than one hundred ladies, earnestly requesting a tu pardon for the prisoner. I have determined to remit the fine, as its enforcement woul only punish his family, and, if pressed, perhaps, yield nothing to th District. 8th September, 1866. j TARLETON* S. MAGREW was convicted of larceny before Judg Dawkins, ac Orangeburg, Spring Term, 1SG6, and sentenced to pa a fine of two hundred and fifty dollars, bo imprisoned six month: and receive twelve stripes. A petition was presented, asking hi pardon, by numerous citizens of Orangeburg; also, a counter pet lion, nearly as numerouslj signed, protesting against the pardoi affiidavits of persons, whoso testimony was ruled out by the Judg on the trial, were also presented, to establish thc innocence of th party. The testimony on the trial and that subsequently offered e parte is conflicting, but I was reasonably satisfied that the defend ant was guilty, or had a guilty knowledge of the larceny. He is about sixty years of age, and had formerly been a Magistrat in his beat, and was certainly, at one time, a respectable man. H: neighbors are divided in opinion as to his present status for honest and integrity. While the case was before me for consideration, received a paper from Major-General Sickles, Commanding Depar mont of Carolinas, with this endorsement: "Respectfully referre to His Excellency the Governor of South Carolina, for the exercis of such clemency as it may be his pleasure to grant, and with tl request that so much of the sentence as directs* the infliction < lashes on the bare-back of this aged and infirm person be remitted In consideration of his former good character- the respectability < his connections-his age, and the request of General Sickles', remitted the fine and whipping in this case.-- 15th October, 1SG6. I was not furnished with an official copy of the sentence in th case. The prisoner, in ? letter to Gen. Sickles, (forwarded to me stated that the whipping would be imposed on the first day of tl Court at Orangeburg, which was tho third Monday after the fouri Monday in October. The sentenced fixed the first Monday in Oct ber, and tho punishment was really inflicted beforo tho pardon w granted. PATRICK CLIFFORD was convicted of horse stealing, before Jud; Munro, Fall Term, 186G, at Pickens, and sentenced to bo hung < the 23rd of November. The prisoner was wounded in the late war. He maintained i unimpeachable reputation for honesty for many years, and this the first ease where he has been suspected of crime-most of tl Jury, and many of the citizens of Pickens District, unite in ? earnest appeal to the Executive, to commute ihe sentence. T prisoner is about fifty years of age. I have, therefore, commuted his punishment as follows : To i -c--BBu-jJMBMmngiii - H --ia-Bl-B? lill inn Tor- a---?i II -- Main in prison until the cells ar? prepared in th? Penitentiary for the reception of convicts, and that he be then removed to the Penitentiary, and there confined at hard labor for the terni of ten years, from the date of his delivery at the Penitentiary. The com? mutation of his punishment was recommended by Judge Munro, who tried tho case. 11th November, i860. The defendant. GREEN MCELWEE, a person of color, was convicted of petit larceny, before Judge Beatty of the District Court for Yorl; Distric t, on the 7th of November instant, and sentenced to three I months imprisonment. The prisoner was indicted with two others, who were acquitted, but. who, the Judge believed, were the really guilty parties. This defendant is quite young, under nineteen, und the former own? r attests the good character of the boy. The Judge, in Ids report, commends the party to Executive ole money. I have, therefore, remitted the remaining term of impri? sonment, on condition that he pay all the costs of prosecution and jail fees up to the day of his discharge. 27th November, IS??. The prisoner, MOSES LACKEY, was convicted of horse stealing, be? fore Judge Munro, at Anderson, Fall Term, 1S6G, and sentenced to be executed on Friday, the 14th of December. Tho prisoner was I certainly guilty of thc offence, and exhibited a dexterity and cnn 1 ning in its perpetration which was far beyond his years. He is represented to be under eighteen years of age. He was recom? mended by thc Jury, as part ol* their verdict, to ''Executive cle? mency." A petition to the same end lias be< \\ submitted, signed by over three hundred citizens of Ande rson District. The Judge who tried the case, in consideration of the extreme youth of the pris? oner, expresses the opinion that it is a tit ?case for the exercise of Executive clemency. In deference to the recommendation of the Judge and Jury, and I the numerous petitions of the prisoner's neighbors, and considering his extreme youth, I have commuted his punishment to imprison? ment in the Penitentiary, at hard labor, for the period of ten years, from the day he is delivered to the Keeper of thc Penitentiary. 27th November, 18GG. THOMAS FULLER and ANDREW SNOW were convicted of an assault and battery, in two cases, before Judge Munro, at Fall Term, 1866, and sentenced, the former to two weeks' imprisonment and to paya fine of fifty dollar's in each (tase, and the latter to one weeks' impri? sonment, and a line ol' fifteen dollars in each case. Snow's impri? sonment has expired, and, upon tho recommendation of the Judge, I have remitted the fine, on condition that, the d?tendant pay his proportion of thc costs of thc* prosecution in each case-, including jail hies. In the case of Fulier, a petition, signed by i.'is neighbors, .was tiled, and (lie Judge and Solicitor recommend that die impri j sonment be remitted. lt further appears that the battery complained of was reported j to tho officer io command of the United States troops at Laurens, in March last: ; that Fuller was arrested and placed in jail by- thal officer, and discharged some days afterwards on payment to him of fifteen dollars in gold. As he has already undergone one-half of the term of his imprisonment, and had been punished previously by tho United States authorities for the same offence, I remitted forty dollars o? tho tine in ? ach eas?- ami tiie imprisonment yet remain? ing, on condition that he pay the remainder of the lino and adi th'; costs of prosecution, including jail fees, before his discharge. November 27, 1866. i ! Charleston Advertisements. ! "Fiftieth Year ot' Publication ! j MILLER'S ALMANAC ! X"0 O TE*. XS O *7 I SEAXfXT. Ai OMPLETE G L'IDF. for Merchants, Mechanics. Planters, Navigators, &c. Price per hundred. ji;?. '' " dozen, $2. HIE.AM HARRIS, Publisher, Tho Wholesale Dry Goods Business here? tofore conducted in the name of JOHN G. MIL:;OR & co., Will hereafter bc carried on in the name of IIILXOB, WILBL'B fi MARTIN, AT THE O?I) STAND, 135 Meeting Street, Charleston, S. C. OUH bouse is now in receipt of a full and desirable stock of Fancv and Domestic DRY GOODS, and wo would invite cur old friends and tho trade-generally to an ex? amination of our stock. Factors and Planters will firnl it to their interest to examine our stock, ?is we are prepared to give them every facility in our lino to enable them to ?lil their orders and lay in their supplies. Orders carefully and promptly lilied. Mr. WM. C. SMALL, late . f tho firm of Chamberlain, Miller & Co.. is with us, and would be pleased if Iiis friends will give him a call. N. B.-Messrs. NAYLER, SMITH & CO. S Office can bc fonud nt our ?torc, up-stairs. JOHN (i. MILNOR. 'l'. A. W?LBUK, . Nov3t3nao J. J. MARTIN. For Falatka, Fernandina, Jacksonville And all the Landings on the St. John's River, VIA SAVANNAH, GA. THE NEW AND SPLENDID STEAMSHIP X2> X O TP A TC O XL ? f1,000 TONS Ji URTU EN,) CAPTAIN LOUIS ~>l. COXETTER. ON ami after the 26tb October, dis fine ship will sat! from Southern VVharl every FRIDAY NIGHT, at 10 o'clock, for tho above places. U.B. All freight mus? b< paid herc bj shippers. Pur freight or passage, apply on board, or at the oilier- of the Agi ney, 17 Vander horst's Wharf. Charleston, S. C. Oct -21 J. D. AIKEN A: CO., Agents. GUMS, PISTOLS, SPORTSMEN'S ACCOUTERMENTS, A.2?iro.i^2iitio2i 2 ANEW and c?mplele assortment just received. ALSO, An elegant assortment of FISHING TACKLE -Rods, Reals, Bobs, Hooks, Lines, he. At LOW PRICES. P. W. KRAFT, Washington street, oppoHite old Jail. N. B.- -Manufacturing and repairing substantially and noatlv executed. May 26 ly New York Advertisements. Sweet Upopcnax from Mexico! "VTATURE could not produce a richer Xl gem or choicer Perfume. Try it ?ind bo convinced. E. T. SMITH &C ?., Sept 1!> Gmo New York. Sweet Opopouax from Mexico! r|! i IE most elegant and essential personal I requisite for a lady, "Extract of Sweet Opopouax." E. T. SMITH & CO., Sept lt) Gmo New York. FURNITURE. DEGRAAF & TAYLOR, ?)7 and 89 Boicery and63 Chris!ir St., N. Y., STILL continue to be tho largest Furni? ture Manufacturers in the citv. Parlor, Dining Loom and Chamber: FURNITURE, Canopy anil Victoria Bedsteads, for the Southern trade, at 20 per cent.reduction in price. . Sept 19 Gmo STENHOUSE & MACAULAY, C 0 MMISSION M ER C H A MTS, "171 OR thu sale of COTTON, COTTON JJ YARNS, SHEETINGS, Naval Stores, AC, and for tlio purchase ot Merchandize generally, 6G Pearl Street, Nf te York. Consignments to us from every point in the South fully protected by insurance as soon as shipped. Julv 14 Iv J. E. STENHOUSE. ALLAN MACAULAY. SOUTHESK BANK NOTES'. i SOUTHERN SECURITIES ! Bought and sold on commission bv {LAWRENCE BROMUS & co., S A ft H E 8 S , NO. lt- WALL STREET. NEW TOPE. MONEY received on deposit from banks, bankers, merchants and others. Or? ders in Cold, Government and other Secu? rities executed at the regular Stock Ex? change by a member of the firm. Consign? ments ot Codon solicited. Oct 8 DEWITT C. LAWKENCE- JOHN lt. CECIL. CYKUSJ. LAWRENCE. Wai. A. HALSTEL. THE GREAT SOUTHERN FREIGUT AM) PASSENGER LINE ! Tl [ROUGH CHARLESTON ! Via South. Carolina Ilailroad and Steamships. RA TES G L'A RA STEED LESS THAN THOSE PUBLISHED BY ANY o THE J! L [NE ! ! PARE BETWEEN COLUMBIA AND KEW YORK Reduced to $27.00! linilCH includes MEALS and STATE YT BOOM on Steamers, and Omnibus Fare through Charleston. Steamships leave Charleston EVERY THURSDAY and SATURDAY. SisT For further informan n, apply at the office of the South Carolina Railroad Com? pany. Sept 8 South Carolina Railroad Company. RECEIVING AND FORW'RD'G DEFT, CHARLESTON, June 20, 1866. fflHE South Carolina Ka.h oad Company X having re-established its Receiving and Forwarding Office, .Merchandize and Produce consigned to its Agent, from the interior to Northern ports and from North? ern ports to the interior. Will be cared tol? and shipped to the point of destination. Consignments to bo forwarded by sea must always bo accompanied by bills of lading and hitter of advice, with instruc? tions to insure, if desired. Juno 28 E. N. FULLER, B. & F. Ag't.