The daily phoenix. (Columbia, S.C.) 1865-1878, November 04, 1868, Image 1
. THE DAILY j(?|^PHffiill.
Daily Paper $8 a Year. "Let our Just Censure ^^^^S^^?^Sf^T Attend tho True Event." Tri-Weekly $6 a Year
BY JULIAN A. SELBY. COLUMBIA. S. C.. WEDNESDAY MORNING. NOVEMBER 4, 1868. VOLUME IV-NO 10i
THE PHOENIX.
yUDLISIIED DAILY AOS TKT-WT.EKLT.
THE GLEANER.
F.vrr.Y v.T. p.vi: s PAY MORNING.
BY JULIAN A. SELBY,
EDITOR AND PROPRIETOR.
Office on Main street, a few door? above
Taylor (or Camden) street.
TERMS-IN ADVANCE.
SUBSOBIJtTION.
Daily Paper, six months.$4 00
Tri-Weekly, ?? .? . 2 50
Weekly, " " . 1 50
AD 7ERTI8EMENT8
Inserted at 75 centa per sqnarc for the first
Insertion, and 50 conto for each subsequent.
Weekly 75 cents each insertion.
t&T A liberal discount made on the abov<\
rates tehen advertisements are inset-ted by
the rt\onth or year.
AOEKTS.
Lexington-B. J. Hayes.
Spartanburg-Hiram Mitchell.
J. R. Allon, Chester. _
8. P. Kinard, Newberry C. H.
-. .James Grant, Union.
Jahns Poppe, Anderson C. H.
[OFFICIAL.]
Acts Passed at the Late Session oi
the Legislature.
AN ACT TO BEGTJIiATE THE MANNER OF
DRAWING JUMES.
1. De it enacted by the Senate and
House of Representatives of the State
of South Carolina, now met and sitting
in General Assembly, and by the au
tJiorily of the same, All persons who
' are qualified to vote in tho choice of
Representatives in the General As?
sembly shall be liable to bo drawn
and serve as jurors, except as herein?
after provided.
LT. Tho following persons shall be
exempt from- serving as jurors, to
wit: the Governor, Lieuteuant-Go
vernor, Attorney-General, Comp?
troller-General, State Auditor, State
Treasurer, Secretary of State, mem?
bers and officers of the Senate and
House of Representatives during the
session of the General Assembly,
Judges and Justices of any Court,
(except Justices of tho Peace,) Coun?
ty Commissioners, County Auditors
and Treasurers, Clerks of Courts,
Registers of Mesne Conveyances,
Sheriffs and their deputies, Coroners,
Constables, the Marshals of the
United States and their deputies, and
all other officers of the United States,
counsellors and attorneys at law, or?
dained ministers of the Gospel, offi?
cers of colleges, preceptors and teach?
ers of incorporated (academies, prac?
ticing physicians and surgeons regu?
larly licensed, cashiers and tellers of
incorporated banks, editors of daily
newspapers, constant ferrymen, such
officers and employees of railroads as
are now exempt by law, and persons
who are more than sixty-five years
old. .
ILL No person shall be liable to
be drawn and serve as a juror in any
Court oftener than once in every
Jjyear, but he shall not be so exempt
unless ho actually attends nnd serves
as a juror in pursuance of tho draft:
Provided, No persou shall be exempt
from serving ona jury in any other
Court in. consequence of his having
served before a Justice of the Pence.
IV. Tho Selectmen of each town
shall once in every year prepare a list
of snob inhabitants of the town not
absolutely exempt, as they think well
qualified? to serve ns jurors, being
persons of good moral character, of
sound judgment, and free from all
legal exceptions; which list shall in?
clude not less than ono for every
twenty voters of the town, and not
more than one for every ton voters,
computing by tho first registration
after the passage of this Act, and
thereafter in each year computing by
the last registration.
V. The list, when so prepared,
shall be posted up by the Selectmen
in two public places in the town or
city ten days at least before it is sub?
mitted for revision and acceptance,
and shall then be laid before any re?
gularly called town meeting; and the
town meeting may alter it by adding
the names of any person liable to
serve or striking any names there?
from.
VI. Of the list adopted by tho
town, the Selectmen shall cause the
names to be written each on a sepa?
rate paper or ballot, and shall roll up
or fold the ballets so as to resemble
each other as much as possible and so
that the name written thereon shall
not be visible on the outside, and
they shall place the ballots in a box
to be kept Dy the Town Clerk for that
purpose.
VIL If any person, whose name is
so placed in the jury box, is convict?
ed of any scandalous crime, cr is
guilty of any gross immorality, his
name shall be. withdrawn therefrom
by the Selectmen, and he shall not
be returned as a juror.
VIII. The County Clerks in each
County, at least fifteen days before
the commencement of any regular
term of tho Court of General Ses?
sions of the County, and ten days
before any epecinl session requiring a
jury, and in the County of Charles?
ton like p?riode before tho first of
each alternate week of the Court of
Common Pleas, and at such other
? times as tho respective Courts may
ordor, shallissue write of ven i ye facias
for jurors, and shall therein require
the attendance of jurois on the first
day of the term, and for the Court of
Common Pleas for tho County of
Charleston on the first and each alter?
nate week thereafter, and such other
days os the Courts may order. The
petit jurors returned for the Court of
General Sessions for Charleston
County shall serve for the term, and
the jurors returned for tho Court of
Common Pleas for two weeks.
IX. The Clerks in issuing the ve?
nires shall require from each town
and city a number of jurors ns nearly
as may be in proportion to their re?
spective number of inhabitants, BO OS
to equalize, as far as possible, the
duty of serving as jurors.
X. The rentres shall be delivered
to the Sheriff of tho Connty, and by
him transmitted to a Constable in
each of the towns and cities to which
they are respectively issued, and they
shall be served by tho Constable with?
out delay on the Selectmen and Town
Clerk.
XI. Nothing contained in the pro
ceding Sections shall prevent any
Court from issuing venires for addi?
tional jurors in term time, who never
it is necessary for the convenient
despatch of their business; in which
caso tho venires shall be served and
returned, and the jurors required to
attend on such days os the Court sholl
direct.
XII. Wheu a suit is peudiug in thc
Circuit Court, wherein tho inhabi?
tants of nny town in the Connty are
interested, the Judge of the Court,
in term lime or in vacation, maj
order tho Clerk of the Court to issui
writs of venire facias for a sufficieni
number of jurors to try such cause
from any town whose inhabitants un
not so interested, and tho Clerk shal
issue a venire facias accordingly.
XIII. All jurors, whether requirec
to serve on grand or petit jury, shal
be selected by drawing ballots fron
the jury box, and the pert is whoRi
names aro borne on the ballots s<
drawn shall be returned to serve n
jurors.
XIV. Whou jurors are to be s<
drawn the Town Clerk and Select
men shall attend at tho Clerk's office
or some other public place appointe!
for tho purpose, and if the Clerk i
absent the Selectmen may proceei
without him. The balance in the jur
box shall be shaken and mixed tc
gether, and one of the Selectmen
without seeing the names writte
thereor, shall openly draw therefrot
a number of bullots equal to th
number of jurors reqnired. If a pei
sou so drawn is exempt by law, ov i
unable by reason of sickness or ubsenc
from home to attend as a juror, or ;
he has served ns a juror in any Com
within the year then next preceding
his name shall he returned into th
box, and another drawn in his stem'
XV. When a person is drawn an
returned to serve as a juror in nn
Court the Selectmen shall endon
on the ballot, tho date of tho draf
and return it into the box; and wbei
over there is a revision and renewi
of tho ballots in tho box the Selec
mon shall transfer to the new hallo
the date of all the drafts made withi
the year then next precoding.
XVI. Any town may, at a leg
meeting, order that all drafts for ji
rora therein shall be made in ope
town meetiug; in which case tho drn
shall bo made by the Selectmen
the manner prescribed in the two pr
ceding Sections, except that it sin
be done in town meeting. In sm
town when a venire is served up<
the Selectmen, they shall cause
town meeting to be notified ni
warned for that purpose, in tho ma
ner ordered by the town orotherwi
prescribed by law.
XVII. The meeting for drawii
jurors, whether the draft is made
town meeting or before the Seleotm
and Town Clerk only, shall be in
not less than seven nor moro tb
fifteen days before the day when t
jarors are required to attend.
XVIII. The Constable shall,
least four days before the time wh
tho jurors are required to atter
summon each person who is dra
by reading to him the venire with i
endorsement thereon of his havii
been drawn, or by leaving at his ph
of nbodo a written notification of ,
having been drawn, and of the ti
and place of the sitting of the Co
at which he in to attend, and si
make return of the venire, with
doings thereon, to tho Clerk bef
opening or timo of holding the Co
from wbicb it issued.
XIX. A list of jurors in cities shall
be prepared and posted therein, by
the Mayor and Aldermen, in like
manner us required of Selectmen ; and
when posted for ten days shall be
submitted to the Mayor and Alder?
men, who shall have power to revise
and accept the same.
XX. Tho Mnyor and Aldermen
and the Clerks of each city shall
severally havo and exercise all the
powers and duties with regard to
drawing, and all other matters relat
iug to jurors therein, which are in
this Act required to bo performed by
the Selectmen and Town Clerks of
their respective towns; and all venires
for jurors to be returned from cities
shall be served on the Mayor and Al?
dermen.
XXI. On tho day when the jurors
are summoned to attend at any Court,
the Clerk shall prepare a list of their
names arranged in alphabetical order.
The first twelve on the list who nre
not excused, shall be sworn and em
pan neled ns a jury for the trial of
causes, and shall be called the first
jury. The next twelve on tho list
shall then bo sworn and empanneled
in like munuer, and shall bo called
the second jury. .
XXII. Supernumerary jurors may
be excused from time to time until
wanted and may be put on either ol
the juries, us occasion requires, in thc
place of absentees. Nothing herein
contained shall prevent the transfer?
ring of jurors from one jury to th<
other when tho convenience of tin
Court or of the jurors require it.
XXIII. Each jury after being thm
empanneled shall retire and choosi
their foreman, or shall nuke sud
choco upon retiring with the firs
cause with which they are charged
and whenever tho foreman is nbsen
or excused from further service, i
new foreman shall be chosen in Uki
manuel-.
XXIV. Nothing coutaiued in th
preceding Sections shall apply to th
empnnneling of juries in crimina
cases; but tho jurors shall be called
sworn and empanneled anew for th
trial of each case, according to th
established practice, and their fort
man shall be appointed by the Courl
or by the jury when they retire t
consider their verdict.
XXV. When by reason of cha
leuge or otherwise, a sufficient nun
ber of jurors duly drawn and sun
moued cannot bo obtained for th
trial of any cause, civil or crimina
the Court shall cause jurors to bo r<
turned from the by-stauders or froi
tho County nt large, to complete tl
panel: Provided, That there are c
tho jury not less than seven of tl:
jurors who were originally drawn au
summoned as before provided.
XXVI. The jurors so returned froi
the by-standers shall be returned t
tho Sheriff or his Deputy, or by
Coroner, or b3T any disinterested pe
sou appointed therefor by tho Com
and shall be such as are qualified ai
liable to be drawn as jurors uccordii
to the provisions of law.
XXVII. The Court shall, ou m
tiou of either party in a snit, examii
on oath any person who is call<
juror therein, to know whether ho
related to either party, or has any i
tercet in the cause, or has expresa
or formed any opinion, or is sensil
of any bias or prejudice therein; ai
the party objecting to the juror m
introduce auy other competent e1
deuce in support of the objection,
it appears to the Court that the jur
is not indifferent in the cause, n
other shall be called and placed in 1
stead for tho trial of that causo.
XXVIII. In indictments and pei
actions of or the recovery of a sum
money or other thing forfeited,
shiill not be a cause of challengo t(
juror that ho is liable to pay taxes
any County, city or town which w
be benefitted by such recovery.
XXIX. If a party knows of uny (
jection to a juror in season topropi
it before the trial and omits to do
ho .shall not afterwards be allowed
make tho same objection unless
leavo of the Court.
XXX. No irregularity in any v
ot venire facias, or in tho drawi:
summoning, returning or empant
ing of jurors shall be sufficient to
aside a verdict, unless the party m
ing the objecttion was injured by
irregularity, or unless tho object
was made bofore the returning of
verdict.
XXXI. If either party in a cos?
which a verdict is returned, dur
the same term of the Court, be!
tho trial, gives to any of the jut
who try the cause anything by i
of treat or gratuity, the Court rn
on the motion of tho adverse pa:
set asido the verdict aud award a i
trial of the cause.
XXXIT. When a jury, after i
and thorough deliberation upon
cause, return into Court without 1
ing ?greed upon a verdict, the C<
may state anew the evidence, or any
part of it, and explain to them anew
the law applicable to tho case, and
may Bend them out for further deli?
beration ; but if they return a second
time without having agreed upon a
verdict, they 8hnll not be sent out
again without their own consent, un?
ices they shall ask from tho Court
somo further explanation of the law.
XXXIII. The jury in any case
may, at the request of either party,
be taken to view the placo or premis?
es in question, or any property, mat?
ter or thing relating to the contro?
versy between tho parties, when it
appears to the Court that such view
is necessary to a just decision: Pro?
vided, Tho party making tho motion
advances a sum sufficient to pay tho
expenses of the jury and the officers
who attend them in taking the view,
which expenses shall be afterwards
taxed like other legal costs, if the
party who advanced them prevails in
the suit.
XXXrV. If a person duly drawn
and summoned to attend ns a juror
in any Court neglects to attend, with?
out sufficient excuse, ho shall pay a
fine not exceeding twenty dollars;
which shall be imposed by the Court
to which the juror was summoned,
and shrill be paid into the County
Treasury.
XXXV. When by neglect of any
of the duties required in this Act to
be performed by any of the officers
or persons herein mentioned, the
jurors to be returned from any place
aro not duly drawn and summoned
to attend tho Court, every person
guilty of such neglect shall paya ?iuo
not exceeding twenty dollars, to be
imposed by the samo Court to the
use of the County in which the of?
fence was committed.
XXXVI. If auy City or Town
Clerk, Selectman, Mayor or Alder?
man is guilty of fraud, either by
practicing on tho jury box previous?
ly to a draft, or in drawing a juror,
or in returning into the box tho name
of any juror which had been lawful?
ly drawn out, and drawing or substi?
tuting another in his stead, or in any
other way in tho drawing of jurors,
ho shall be punished by a fine not
exceeding five hundred dollars.
XXXVII. Nothing contained in
this Act Bhall affect the power and
duty of Coroners, Magistrates or
Justices of the Peace to Bummon and
empannel jurors, when authorized
by other provisions of law.
XXXVUI. The Clerk of the Court
of General Sessions for each County,
not less than fifteen days before tho
commencement of tho first term of
the Court in each year, shall issue
writs of venire /acias in each County
for eighteen grand jurors to be re?
turned to that Court, who shall be
held to servo at each term thereof
throughout tho year, and uutil an?
other grand jury is empannehd in
their stead.
XXXIX. Grand jurors Khali bo ]
drawn, summoned hud returned in
the same manner as jurors for trials;
and when drawn at the same time as
jurors for trials, tho persons whose
names are first drawn, to the number
required, shall be returned as grand
jurors, and those afterwards drawn
shall be jurors for trials.
XL. In case of deficiency of grand
jurors in any Court, writs of venire
facias may bo issued to the Consta?
bles of stich cities or towns as tho
Court may direct to return forth?
with such further number of grand
jurors as may be required.
XLI. No more than thirty-ono per?
sons to serve as petit jurors shall be
drawn nnd summoned to attend, at
one and tho samo time, any Court,
unless the Court shall otherwise
order.
XLII. This Act shall take effect
from and after tho organization of
tho townships under the Act entitled
"Au Act to define tho jurisdiction of
County Commissioners," except tho
Sections from twenty-one to thirty
four, both numbers inclusive, which
shall tuke effect immediately.
In tho Senate House, the twenty
sixth day of September, in the
year of our Loni ono thousand
eight hundred and sixty-eight.
Li. BOOZER,
President of the Senate.
P. J. MOSES, Jr..,
Speaker Hoose of Representatives.
Approved :
R. K. SCOTT. Governor.
Fresh Craokers, Cheese, Butter, &o.
2fr BARRELS FRESH CRACKERS,
O consisting of Soda Biscuit,
Sugar Crackers. Egg Ri ? nit,
Butter Crackers, Crt; 1. < i ackers and
Oinger Schnapps,
10 kegs Choico Onsheri Batter,
25 boxes Prime Choeeo,
100 Choico Sugar-Cured Hams,
Together with a frosh supply of Rio,
Java and Lagnyra Coffees, Muscovado,
Porto Rico and Refined Sugars, Candles,
Soaps, Canned Fruits, Pickles, Extracts.
Tobacco, Scgars, .Vc. For sale at our usual
low price?. J. i T. R. AGNEW.
SPECIAL NOTICES.
UNIMPEACHABLE. - Indigestion
the moat fruitful generator of diaeaao, so
common aa not to bo considered dangor
OUH-Blondy and surely saps tho founda?
tion of health; for, with impaired diges?
tion, it is impossible for food to afford
strength to tho system. Dyspepsia inva?
riably follows this disease, and dyspeptics
owo all their Bufferings to indigestion.
Nervous and sick headache also spring
from derangement of tho digestivo organs.
Persons of sedentary habits frequently
suffer from these evils, which are attended
with a nervous irritability of temper, ex?
tremely unpleasant to others and a source
of misery to themselves. HOSTETTEll'S
STOMACH BITTERS has been found the
safest and best mcauB of removing all di?
gestivo obstructions, as well as bracing up
tho failing system. Those whoBO occupa?
tions aro mental recognizo in this prepa?
ration the perfection of medical skill, UH it
soothes tho excited brain, headache disap?
pears nuder ita potent charm and the pa?
tient rapidly regains health and strength
by its restoring power. To tho aged, us
well aB dolicato ladies and children, it is
admirably suited, BB it possesses tho qua?
lity of invigorating without excitement or
re-action.
An immense amount of unimpeachablo
evidenco can be produced to provo that
Hostetter's Stomach Bitters is unequalled
for its prompt and ever reliable action in
alleviating and curing all diseases of the
stomach. Its superior excellence and con?
sequent renown is readily accounted for,
from tho well-known fact that it is made
under thc personal supervision of tho pro?
prietors, in strict aecordanco with phar?
maceutic science. Nov 1 td
?'-HANHOOD."-Another New Medical
Pamphlet from tho i>en of Dr. Curtis. Tho
Medical Times says of this work: "This
valuable treatise on tho cause and euro of
premature decline shows how health is
impaired through secret abuses of youth
and manhood, and how easily regained. It
gives a clear synopsis of tho impediments
to marriage, the cause and effects of ner?
vous debility, and the remedies therefor."
A pocket edition of tho above will be for?
warded on receipt of 25 Cents, by ad?
dressing Dr. Curtis, No. 58 North Charles
street, Baltimore, Md. May 27 ly
COLUMBIA RESTAURANT. ~
WE have remodeled our RESTAU?
RANT. Will daily receive OYS?
TERS, Fish, Game, Venison, Ac,of choice
quality. Our motto shall bc punctual at?
tendance, moderate prices, and a desire to
please all. As usual, our WINES, Li?
quors, Segars, &c., aro of tho best. Give
us a call and judge for yourself.
LUNCH from ll to 1 o'clock.
JOHN CROWLEY A CO.,
Opposito South End of Market.
Oct 29 48mo
OUR HOUSE RESTAURANT^
Assembly Street, Opposite the Market.
THE undersigned respectfully notifies
his patrons, and the puVdio generally,
that ho has made arrangements to bo
supplied, daily, with the best OYSTERS
and FISH. Will also have the choice of ]
the Columbia Market.
Has a commodious room or private
parties.
His LIQUORS, WISES and SUGARS
aro the bent.
Families eau be supplied with Oystcri
LUNCH fruin ll to 1 o'clock.
(Jive me a call.
LOOK OUT FOR THE mc LAMP.
DENNIS McGUlNNIS,
Cet '.' Superintendent.
THE CAROLINA HOUSE,
LOCATED on Washington street,
[next to brennen & Carroll's, is now
under tho solo proprietorship of tho
undersigned. Tho best of everything, in
tho wav of WINES, LIQUORS, ALE, BE?
GAUS, ' TOBACCO, etc., kopt on hand.
LUNCH every day at ll o'clock. Give
him a call, and test the correctness of tho
assertion made above.
June 1!) RICHARD BARRY^
EXCHANGE RESTAURANT,
Camden Street, rear of Gregg's China Store.
J. (LEXDIX1NO, - - - Proprietor.
* ?*
AVING thoronghlv fitted up the above
establishment as" a RESTAURANT,
I am prepared to furnish visitors with tho
best of EATABLES and DRINKABLES.
OYSTERS, GAME, FISH, MEATS, etc.,
prepared in the very best stylo, bv one ol
tho finest cooks in thc city. SUPPERS
furnished at short notice. Families sup?
plied with OYSTERS at reasonable price?.
Choice WINES, LIQUORS and CIGARS
constantly on hand. LUNCH every dav at
H o^lock._ Dec 10
A Paying Investment.
THE best investment is that which givos
tho largest return for tho monov laid
out. A bick man, unable to attend to his
business, must necessarily loee his time,
whilst his expenses goos on with unremit?
ting waste. One dollar spent for that
restorative cordial. ^HEINITSH'S
QUEEN'S DELIGHT," secures the bless?
ings of health, remove? disease, invigo?
rates the whole system, and, in short,
makes tho sick man well. What bettor or
greater return could have boen made with
one dollar? For salo by _ ,
FISHER & HEIN?TSH,
Aug 19 t_ Prhggtot*.
gerorula.or King'* Evil, is cured by
nsicg Heinitsh'l Queen's Deligl t.
Prompt, Cheap, Accurate.
THE PHONIX
Book, Job and Newspaper
PRINTING ESTABLISHMENT!
Main Stroet, above Taylor.
COLUMBIA, SOUTH CAROLINA.
THE PROPRIETOR ba8 recently made
EXTENSIVE ADDITIONS to bis former
large stock of material-Type, Presses,
Colored Inks, Paper, Cards, etc., introduc?
ing tho LATEST STYLES, and is fully
prepared to undertake any and everything
in tho PLAIN and FANCY
FEINTING UNS,
From a Carte Visite to a mu?hiye volume
or a thirtv feet Poster. The following uro
the inducements Offered:
The proprietor is n Practical Printer.
Aud attend?; closely lo his Business.
The Office is supplied with Everything
Necessary to turn out Good Work.
Price.'? Lower thai- at?j pth< r . >-1nl.li-lam i:t
In tin? State, or ^v-.:. Nev York.
Pamphlets, Circulars, Bill Heads,
Letter Heads, Poster?, Hand-bills,
Receipts, Ball Tieket3, Invitations,
Dray Tickets, Checks, Krills,
Programmen, Drafls, Blanks,
Wedding, Visiting a'..:l Business Cards, Ac,
Of all styles and sizes; in fact,
Every Description o? Printing:
In one. two and three colors ami In bronze,
promptly attended to.
JULIAN A. SELBY, Proprictori