The daily phoenix. (Columbia, S.C.) 1865-1878, December 06, 1871, Image 3
voixisn Jl fluir i i
NOON DESPATOHES.
FRENCH AND GERMAN DIFFICULTIES-IN?
TERVENTION THREATENED IN COBAN AF*
FAIRS -ACQUISITION OF DIAMOND FIELDS
BY ENGLAND, AO., AC.
BEULIN, November d.-In consequence
of the frequent murderous assaults upon
Germans therein, the French provinces
oconpied by Germany were declared in
a state ot siege. The perpetrators of
auch assaults will be hereafter tried bj
German courts martial.
Odo Bussell presentid his credentials
as British Minister to the German Em?
pire.
MADRID, Deoember 4.-It is officially
denied lhat Great Britain and the United
States threaten intervention in Coban
affairs.
NIGHT DESPATOHES.
LONDON, Deoember 5.-The acquisi?
tion of the African diamond fields by
England has been completed by contract.
The recent findings are rioh.
The recent violent storms have de?
stroyed much property and some life.
The Prince of Wales' symptoms show
a slow bat steady improvement. Publie
appr?hension has measurably subsided.
PAms, December 6.-A bill authoriz?
ing an increased circulation of the Bank
of Franoe is pending.
It is believed Dake Aamale and Prince
Join ville have intimated to Thiers their
intention of taking their seats, as Depu
tie?. to which they have been eleoted.
ROME, Deoember 6.-The promulga?
tion of an encyclical from the Pope
against the installation of the Italian
Parliament in Rome is expected soon.
American IntclllKonce.
NOON DESPATOHES.
MAYOK HALL BEFO SES TO INAUGURATE NEW
CITY OFFICERS-COMMENTS ON PRESI?
DENT'S MESSAGE-CONGRESSIONAL PRO?
CEEDINGS-FE O ZEN TO DEATH-MEET
- TNG OF AGRICULTURAL CONGRESS, AO., AO.
WASHINGTON, December 4.-Thomas
L. Smith, First Auditor, is dead; aged
eighty-three.
DETROIT, Deoember 5.-Moses Rosen
feld's tobacco factory was barned to-day;
loss $4.0,000. .
LOUISVILLE, Deoember 5.-Dorsey's
stallion, Gold Dasi, is dead. He w.i
valued at $50,000.
The Kentucky Legislature convened
to-day, but there was no organization.
NEW YORK, December 5.-Mayor Hall
declines to inaugurate the newly-elected
Aldermen and Assistant Aldermen, and
refers them to tho courts.
BOSTON, December 5/-The survey
steamer Hassler, with soientifio ex?
plorers, left for a voyage along the At?
lantic and Pacifia coasts of North and
Sooth America.
NEW YORK, Deoember 5.-Connolly's
bail will probably be reduced to $500,
000.
The Zodiao is reported ashore on Cape
Hatteras.
OMAHA, December 5.-Eastward trains
are now bound up at Elm Greek. Two
engines Bent with trains to their assist?
ance are either off the track, or are dis?
abled. The snow bas been severe along
the entire track. Mercury sixteen de
grees below zero, yesterday morning.
WASHINOTCTN, Deoember 5.-In the
Senate, Blair's inquiry, covering a de?
tailed report of the Executive action
under the Ka Klux bill, was defeated,
by a strict purty vote, except Tipton
NEW YORK, Deoember 5.-There has
been a heavy gale all night, whioh con?
tinues from the North-west; it is freezing
hard. Interior papers consider the ca
nala olosed for the winter. 300 boats
have been caught, the oargoes of whioh
must como by rail.
The Coban Generals Ryan and Jordan
are pressing the Government for a trtal,
for alleged violation of neutrality laws
The Times editorially announces that
Fish withdraws soon from the State De
partment. It applauds the President's
message, but considers the Seoretary of
the Treasury's report a disappointment.
The Herald characterizes Bout well's sug?
gestions for reducing the taxes as those
of a small peddlar. The Tribune op?
poses Grant's polioy of a postal tele?
graph, but finds more to commend than
oppose in his message. The World
views the message ac an electioneering
document. The Sun thinks the message
bungling and unworthier of respect than
any former President's message.
NEW ORLEANS, Deoember 5.-The Se?
cond District Ooo rt deoides that Mrs.
Gaines is not the legitimate ohild of
David Clark, nor his universal legatee,
and revokes the probate of Clark's will
ot 1813, probated in 1855, as invalid.
Mrs. Gaines relied mainly on this will to
substantiate her claims.
NIGHT DESPATOHES.
WASHINGTON, Deoember 5.-Heavy ice
in the Potomac. Navigation to Acqnia
Creek is difficult.
The Northern train is an hoar behind,
and will probably miss connection Sonth.
Ia tho Senate, Kellogg introduced a
bill for mail service between New Or?
leans and several Mexican ports; also, to
re-organize distriot courts in Louisiana.
A resolution calling for the Oataoazy
correspondence was adopted-Cameron
opposing it.
i Ia the House, there was a sharp dis?
cussion between Wood and Dawes, re?
garding the continuance of the Commit?
tee on the Insurrectionary States, whiob
Wood maintained was a trick to conti?
nue the Reconstruction Committee.
The Administration sustained its first
defeat of the session on tho subject of
the postal telegraph. Dawes moved to
refer to a select committee so mach of
the President's message as recommonds
the absorption of the telegraph system
in the postal service of the country.
This was opposed by Randall, Farns?
worth, Niblaok, Beck and Banks, who
contended that the subject, should not
be taken from a standing committee and
referred to a seleot one; whioh would
necessarily, under the parliamentary rule,
have a majority in favor of tho project.
After an animated discussion, in whioh
the scheme was denounced as one that
would bleed the Treasury to the amount
of $70,000,000, and add 25,000 em?
ployees to tho oivil service of the Go?
vernment, the motion for a select com?
mittee was defeated, and the whole sub?
ject referred to the Committee on
Appropriations; whioh is considered tan?
tamount to a rejection of the project.
The Attorney-General writes the Seo?
retary of War that a railroad aided by
donation of pnblio lauds is a public
highway throughout its length, and tho
United States is not subjeot to ohargo
for the transportation of its property
over it. The opinion refers especially to
the road from Chicago to Mobile.
Probabilities-The barometer will pro?
bably rise on Wednesday in the Middle
and Eastern States, and to a less extent
in the Sooth Atlantic States; fulling ba?
rometer thronghout the Mississippi
valley, with increasing Southerly winds,
threatening weather? end possibly rain
on the Louisiana und Texas coasts;
oloudy weather front Arkansas to Lake
Michigan and Westward; North-west
winds back to the Booth-west, with'
rising temperature on the lower lakes,
with cloudy and dearing weather.
Warning signals ere ordered. Cau?
tionary signals will continue this even?
ing at New York, New Loudon, Boston,
Portland, Oswego, Rochester, Buffalo,
Cleveland, Toledo and St. Louis.
The river is choked below. The fer?
ries ore stopped.
AXNATOZ??, December 5."The jury in
Mrs. Wharton's case was completed to?
day.
SELMA, ALA., December 5.-The Agri?
cultural Congress met in this city to-day.
Delegates from Kentucky, South Caro?
lina. Noith Carolina, Tennessee and
Alabama were present Delegates are
still arriving. An important session ?B
anticipated. The hospitality of our city
bas been extended to the delegates.
General Lawton, of South Carolina, ad?
dresses the congress at ll o'clock to
morrow.
NEW YORK, December 5.-A prisoner
in Jefferson Market Police Station was
frozen to death last night. The jailors
tay applications to tho authorities for
fuel aro disregarded.
The steamer Auglia is quarantined
with small-pox.
Financial and Commercial,
COLUMBIA, S.O., Decembers.-Sales
)f cotton to-day 59 bales-middling
L7%c.
LONDON, December 5- Noon.-Con
mis 92%. Bonds 92%.
FRANKFORT, December 5.-Bonds
>7#.
PARIS, December 5.-Rentes G7f. 3o.
LTVEBFOOTJ, December 5-3 P. M.
Dotton opened Btrong-uplands 9%@
1%; Orleans 10; shipping at Savannah
>r Charleston 9;v
LIVERPOOL. December 5-Evening.
Cotton strong-uplands 9%@9%; Or
eans 10; sales 22,000 bales; speculation
ind export 10,000; shipping at Savan
iah or Charleston 9%@!)3/. Yarns and
abrios at Manchester dull.
NEW YORK, December 5-Noon.
Jales of cotton for future delivery, last
ivanicg, bales, as follows: Dace m
>er 18%, 18 15-16; January 19,18 15-16,
.9 1-16; February 19, 19 316; March
.9%; April 19%; May 19%. Flour quiet
ind steady. Wheat a shade firmer,
3orn lo. better. Pork weak-mess
3.37@13.50. Lard heavy, at 9^(3)9%
joltou firm-uplands 19%; Orleans
.9% ; sales 2,100 bales. Freights steady
Stocks firm, but not very aotive. Gold
lull, at 10@10%. Governments doll
md steady. Money firm, ot 6@7. Ex
hange-long 9; short 9%.
7 P. M.-Cotton firm; sales 4,265
mina-uplands IOU; Orleans 19%
?lour quiet and unchanged. Whiskey
leoidedly firmer, at ?9. Wheat closed
luiet; holders anxious-winter red West
irn 1.55@1.62. Corn closed quiet, at
'8%@79. Rioe firm, at 8??@V. Pork
.8.60. Beef quiet. Lard-kettle 9%.
freights quiet. Money aotive, at 7,
o gold. Sterling 9. Gold 10%; sold at
.0 during the day. Governments very
toady. Tennessees steady; new South
Carolinas very aotive; balance doll and
inohauged. Tennessees, old and new,
16%. Sales of futures, to-day, 17,800
mles, at the following figures: Deco ru?
ler 19 1-16, 19%, 19%; February 19%,
9 5-16, 19 3-16; March 19%; April
9%, 19 11-16, 19%; May 19%, 19%.
9 15-16, 19 13-16.
ST. Louis, December 5.-Flour-su
lerfine winter 6.60@5.75. Oorn firm."
rVhiBkey90. Pork 18.00. Bacon in or
1er trade-shoulders 7hi; olear sides
'%@7%. Lard firm, at 8%.
LOUISVILLE, December 5.-Provisions
inohanged. Whiskey firm, at 90.
CINCINNATI, December 5.-Floor firm
Hom advanced, at 46@47. Lard firm,
?8&@9. Bacon firm-shoulders 7%;
?lear sides 7%. Whiskey 90.
BALTTMOBE, December 5.-Flour firm
yheat firm. Corn firmer-white and
'ollow 70?71. Provisions steady.
.Vhiskoy quiet. Cotton io fair demand
md prioes advanced-middling 18%@19;
eoeipta 2-15 bales; sales595; stock4,746.
AUGUSTA, December 5 -Cotton firm
niddliug 18; reoeipts 1,100 bales: sales
L.000.
SAVANNAH, December 5.-Cotton ac?
ive- middling 18%; reoeipts 3,267 balee;
ales 2,900; stock 65,185.
MOBILE, December 5.-Cotton aotive
-middling 18%; reoeipts 2,588 bales;
tales 2,000; a took 35,583.
CBABUBSTON, December 5. - Colton
ictive and strong-middling 18%@18%;
eoeipts 2,751 bates; sales 6U0; stock
14,028.
NORFOLK, December 5.-Cotton
Irm-low middling r7%(2>17%; reoeipts
1,111 bales; sales 300; stock 5,086.
NEW ORLEANS, December 5.-Cotton
itrong- middling 18%; reoeipts 7,581
jules; sales 7,200; Btook 141,089.
PHILADELPHIA, December 5.-Cotton
Irm-middling 19%(3>19%.
BOSTON, December 5.-Cotton aotive
ni dd li og 19%; receipts 25 bales; saleB
L.000; stock 6,000.
WILMINGTON, December 5.-Cotton
miet-middling 18; receipts 105 bales;
Tales 209; stock 3.068.
GALVESTON, December 5.-Cotton
itrong-good ordinary 16%(?)16%; re
jeipts 2,394 bales; sales 1,400; stock
12,141.
OFFICIAL RAFFLE NUMBEHB Charleston Chari?
table Association, for benefit Free School fund:
IIAFFLF. CLASS No. 231.-Morning, December 5.
60-45-8-14-1 28-75-71^-37-11-68-09
Witness my band at Charleston, this 5th day
>f December, 1871. FENN PECK.
Deo fl_Sworn Commissioner.
Lost.
A CHECK on Central National Bank, paya
1% bio to D. Howell, or hearer, for f ?9 66
Payment stopped at bank. Ploaae return to
Deo 3 8? DAN. CRAWFORD & SONS.
Dogs for Sale.
A ONE year old English SETTEE,
__^thoroughly trained. Two six
non tn? old Puppies, thorongh-broda-proper
ige for training. Nino suckling Pups,
Black and Tans and Bull Pupa to order. Ap
plv to C. R. FRANKLIN.
DecC_
HAT, GRAIN, fcc.
OK BALES host EASTERN HAY.
Ot) 200 buabela hoavy Weston? Oats.
600 bushels Wheat Bran.
50 buabela Hood Barley and Cow Peas.
Juat reoeivod and for salo at
DeoO_PANT WELL'S, Main street.
Richland Lodge No. 39, A. F. M.
A THE REGULAR COMMUNICATION
<a#^f of this Lodgo will he held in the Ma
/V\8?ido Hall, THI8 (Wodnoiday) EVEN?
ING, ?t 7 o'clock. Members will please come
prepared to pay their dnos. There will also
ho an oleotion of officers. By order of tho W.
M. O. T. BEBO,
Dec 6 1 Secretary pro tem.
The Last o? the Season.
QAA BUSHELS Pure Buat-proof SEED
?U\J\J OATS, for sale for oaah only.
Nov 28 E. HOPE.
THE UNITED STATES CIRCUIT COURT
TaiAii OP Ku KLUX OASES.-TUESDAY,
December 5.-The court convened st
10?? A.M., Hon. Hugh L. Bond and
Hon. George S. Bryan presiding.
The case of the united States va. Allen
Orosby et at., for conspiracy against
Amzi Bainey, end for burglary under
the Acts of Congress of May 31, 1870,
and April 20, 1871, was resumed. Mr.
Stanberry, for the defence, handed in
his authorities, and spoke at some
length in explanation of the grounds of
bis motion to qaash the indictment flied
and argued yesterday. Ho read from
Wharton's American Griminal Law, vol.
3, page 2,290 and page 2,849, the deci?
sion of the Court for the Correction of
Errors in the case of Lambert es. the
People, 9 Gowan, 678, and other authori?
ties, showing that in indictments for
conspiracy, the means by whioh the un?
lawful act was perpetrated should be set
forth, the names of the parties injured,
&o., and that in the present indictment,
such means at least should be alleged aa
would reasonably prevent a person from
exercising the right of suffrage.
Mr. Chamberlain, for the prosecution,
replied in support of the indictment SB
made, taking np eaoh ground of excep?
tion in its order. As to the first ground
of exoeption-that the conspiraos
charged is to violate thc first section of
the Act of May 81, 1870, whioh section
defines no crime or offence and forbids
nothing-he stated that it was through
no disrespect to the eminent counsel for
the defence, but that really it was impos?
sible for him to discern any force in the
exoeption. It would seem, from thc
argnment of the counsel, that every sec?
tion of an Act should contain a prohibi?
tion and affix a penalty to render it
effectual. Suob, however, is not the
caso. Sections are bat arbitrary and
artificial divisions of un entirety, and are
to be considered not singly, but in con?
nection with other seotions with whiob
they are combined. Nothing is more
common in legislative enactments than
that prior sections should assert rights,
declare duties, &c, and some final sec?
tion affix a penalty. In the present in?
stance, tho first section defines tho right
and the sixth section provides a mode el
punishment for a violation of the first.
As to the 8eaoud exoeption-that tho
names of tho parties are not set forth
the answer to that was, that it was unne?
cessary to set forth names ia an indict?
ment for conspiracy. 3d Greenleaf on
Evidence, seo. 89, also in 2d Bussell on
Urimos, page 679, it is shown that in au
indictment for conspiring together on a
certain day, through falso rumors, to
raise the price of the public funds, thc
indictment was held good, though the
oames of the parties injured wero not
?amed. Also in the case of the Com?
monwealth vs. Judd, 2d Mass., page 329,
tin indiotment for conspiring together to
manufacture and sell, with a fraudulent
intent, a base and spnrions compound ss
genuine indigo, was held good, though
the parties injured were col named. The
ubjeots of a conspiracy may be tho pub
no generally, a oertain class or an indi?
vidual. In the case of the Common?
wealth vs. Harlem, 7th Metcalf, an aver?
ment that the parties indioted conspired
to defraud, it was held not supported h?
proof that B, or the public generally,
uave been defrauded, but that tho in'
dtotment would havo been sustained,
had it been alleged that the public gene
rally were intended to be defrauded. Ii
our indiotment, we have not taken tht
latitude allowed us, but instead o
obargiug the fraud against the p ubi ii
generally, as is legitimate, have shoul
dered an additional burden by ohargini
the fraud as against various male citizen
of African descent, whioh allegation wi
propose to sustain by proof.
To the third objeotion to the firs
oonnt, that the means by whioh the un
lawful prevention was effected are no
set forth, the answer was also that it wa
unnecessary. 3d Greenleaf on Evidence
section 95-Where the intontioo is iile
gal, the means to accomplish it are no
necessary. 2d Bussell on Grimes, pag
691, allowa that in an indictment th
words "did conspiro by indirect means
were considered os surplusage, as als
ihe words "by devices, pretences an
auntie means."
Mr. Stanberry-The gentleman doesn
seem to understand the point raised b
the defence here. The statute readi
"if any person shall, by threats, intim
dation and violence," &c, which facti
we claim, it is necessary to allege.
Mr. Chamberlain-The sixth sectio
under whioh this indictment is laid read
"If two or more persons shall band (
conspire together," Seo. No means ai
stated, and none need be alleged. Tl
counsel reads from the fifth sectioi
which refers simply to individuals, ac
has no reference to a conspiracy. As I
the objeotion that no specific electic
was named, we reply that Amzi Bairn
had a right to vote at any and all ele
tious. The offence is a general on
Conspiracy is defined as a oombinatic
or agreement of two or more perBons, 1
concerted means, to do an unlawful nt
or to do a lawful aot by unlawful mean
The conspiracy need never have bei
effected, but the simple intent, by co
oerted means, to deprive Amzi Kain
o? the right to vote at any election ?h?
soever complotes the crime.
As to the fifth objection, that the qti
lifioations of said male citizens to vc
are not set forth. This conspiracy,
we have already stated, is a statato
offence, and the indiotment bas to
drawn nnder tho statute. It becom
important here to refer to somo ru!
From 1st Bishop, in criminal procedo
sect. 359, we read that where offence
purely statutory, having no reference
common laws, it is sufficient to obargo
the essential words of the statute. Tl
is a purely statutory offence. Not tl
conspiracy is but a conspiracy to viol;
the provisions of the 1st section of 1
Aot is, and it is sufficient when we chin
in the essential words of the Aot. 1
statutory offence is in theso wor
"Shall conspiro or band together to \
late the provisions of this Aot," and
have only put a burden on ourselves
osiog the words to deprive oertain m
oitizens, of African descent, of the f
exercise of the right of suffrage;
words aro unnecessary in themseli
and we are, therefore, not required
state the qualifications of the votere
State vs. Oonld, 31 New Hampshire, li
1st Bishop on criminal law, 373; Ea
oase, 2d Lewie, 133. The great i
general answer to all tho foregoing
jeotions is that we are indicting undi
statute, and charge a violation of
provision of the 1st section ; and oil
ditional allegations, suoh as that the ]
ties injured were malo citizens of Afri
descent are simply gratuitous, and I
den us with additional proof, but are
essential to sustain the indiotment.
much for the objections to the
count. Now, let ns oonsider the ot
tiona to the second oount. The first
jeotion here made is that it is not alleged
that Rainey was qualified tc Tots, but
simply steted that he was a citizen of the
United Stater. We say, in th? first
place, thst it substantially set forth
when we allege that he was possessed of
the right of suffrage, scoured and goa
ranteea to him ander the Constitution,
&o., and all additional qualifications are
unnecessary, for they are charged in sub?
stance when we say that he was a oitizon
lawfully qualified, &o. In the second
plaoe, we answer this is a statutory
offence-the words of the /Lot being to
conspiro together with intent to injure,
oppress, threaten or intimidate any citi?
zen of the United States in the free en?
joyment of a right and privilege gua?
ranteed by the Constitution, &o., and we .
have desoribed the offence in the worcta
oi the statute and named the person
Amzi Bainey, as a oitizen of the United
States; which is all that is required.
As to the second objection, that no
day of eleotion is named, all that we
have said in answer to a similar objeo
tion to the first count will apply.
3d. That the unlawful means are not
set forth. To this we reply, that this is
not an offence that depends upon tho
moans, the time, or agni us t what parti?
cular individual directed, but the offonce
is complete short of that, and is per?
fected whon, in tho words of tho defini?
tion, a combination or agreement is en?
tered into, by concerted means, to do an
unlawful act. It is not necessary to
name tho time of an overt aot. I would
that I could draw npon my imagination
only for a ease in hand, and were not
stating a faot that has happened in this
present year of grace. Suppose that
two or three persons should go in dis?
guise at night to the honse of a oitizen
a colored man's honse-shonld smite his
wife to tat floor, ravish his daughter be?
fore bia eyes, and, after knocking him
down, drag him out in the woods; shonld
thereafter, debating the question whe?
ther they will kill or whip him, force
him to take au oath that he will never
vote in a certain way. Now, suppose all
this, and suppose the man to be Amzi
Rainey, and shall it be deemed neces?
sary to namo a day of election? Tho
distinguished counsel say they aro not
disposed to be captious, nor to take ad?
vantage of technicalities, rind yet they
demand of us, under these circumstances,
co show at what election Amzi Kidney
was hindered in the free exorcise of the
?lectivo franchise by that oatt}. The of
fenoo was complete when he waB mado
to take the outh, if there never shonld
JO any election whatever.
As to the objection that the indictment
included a charge of burglary, whioh
was a domestic crime, and cognizable
july under the laws of the State, Mr.
?hamberhxin went on to say that he ac?
corded due force to tho argument of the
lefonce on that point, and agreed that
ibis court cannot take jurisdiction of an
iffenco against the State of South Caro
ina. Section seven of the Aot provides
chat if, in tho aot of violating the provi
lions of section 1 of the Act, any other
felony shall bo committed, the offender
theil be punished in euch manner as is
prescribed by the laws of the State for
mob crime. It was not the intention of
the Government to try for burglary, but
limply upon conviction for tho conspi?
racy, to make the penalty the same as
for burglary nuder the State laws. This
mmes very short of this count taking
cognizance of the crime of burglary.
vVe found that burglary had been com?
mitted, and set it forth in the words of
in indictment in South Carolina, not to
cry tho offence, but to serve as the mea?
turo of punishment as contemplated by
Che statute. Tho sentence will not be
for burglary, but the court will merely
refer to the laws of the State for bur?
glary, and affix that penalty to the con?
spiracy.
Tho first objeotion in the fourth oount
is, that this oount does not allege that
\mzi Rai ney was a citizen of the United
States. Thin count is drawn under the
fifth section, which reads, "any per?
ton," Sec., and not citizen of the United
States. As to the objeotion, "That it is
not alleged that ho WOB otherwise quali?
fied than by the fifteenth amendment,"
we admit that the fifteenth amendment
loes not absolutely grant any right of
suffrage, but practically and really it
loes seonre and guarantee to oolored
persons such right, and wu have simply
followed the chosen words of the Act.
Tho objections to the fifth count being
the same as to the fourth, the same re?
ply is applicable; so also the sixth and
seventh. It was objected to the eighth
aount that tho preservation of the right
to be secure in person and papers
igainst unreasonable searches, seizure,
Sro., was the provinco of the State laws.
Tho Act under which this connt was
mado, was intonded simply to enforce
the provisions of the fourteenth and fif?
teenth amendments to tho Constitution,
[f such power is vested in Congress as
we understood the honorable counsel
yesterday to admit, then we hold that
in this instance, Congress was morely
intending to protect Amzi Rainey and
otherB from unreasonable search, seiz?
ure, &o., rights guaranteed to them by
the Constitution. It is true, that per?
sonal rights are protected by the State
laws; but is it not eminently proper,
also, that Congress should enforce such
provisions of the Constitution as effect
them? Certainly it is in this inBtanoe;
for while it be true that the honorable
counsel-as he says-and I are protected
hy the State laws from personal harm, it
is equally true that Amzi Rainey was
not; and Congress has come forward and
said, we will proteot you.
The objection to the ninth count is,
that we have not specified what laws of
the equal protection of whioh Amzi
Rainey was deprived. Oar reply is, that
it is unnecessary, inasmuch as we have
charged in tho words of tho Aot.
Tho objections io tho tenth count
being tho same ns tho preceding, we |
make the samo reply.
At theoonolusion of Mr. Chamberlain's
argument, the court took a recess of
fifteen minutes. When the court re?
sumed, Mr. Corbin followed at BO tn o
length in support of tho indiotment, ex?
plaining and expounding the views ad?
vanced by his colleague. When he had
concluded, the court, at the request of
Mr. Johnson, adjourned till to-morrow,
at 10 o'olook, when Mr. Johnson will
OIOBO the argument for the defence.
Gas Consumers
WILL please proteot their motors from
tho coltl, hy covering them with old
oarpet, hagging or otherwisn.
Hey ti_J. A. DEI tit I CK, Rup'h
AT PRIVAT IC SALK,
For New South Carolina State Bonds.
BY instructions, we will soil as above 3,093
acres good, fertile LANI), in Orangeburg
Oounty, B. C., situated noar tho ?anteo Biver.
ALSO,
An excellent rosidenco in tho towu of
Orangoburg. For terms, apply to
E . W. 8?TBEL8& 00.,
Deo 0 1 Beal Estate Brokera.
LATEST QUOTATIONS OF SOUTTHEBN HK
OUBxrzxs IN OHABLUSTON. 8. C-'Jorreoted,
December 5, 1871, by
A.CKAUFMAN
Banker sod Broker, No. 25 Broad street
?ames of Securities. Rate Tn. Of'd Asked.
STATE SECURITIES.
North Carolina, old_ 6 - 38
N. Carolina, new. 0 - 23
Sooth Carolina, old- 6 .
B. Carolina, new. ii .
8. C. reg'd stook, ex in. 6 .
Georgia, new, (gold)... 7 .... 92
Georgia, new. 7 .... 91
Georgia. 6 - 80
Tennessee, old. 6 .... 66
Tennessee, new. 6 .... 66
Al?bame. 8 _100
Alabama. 5 .... 70
CITY. SECURITIES.
Atlanta, Ga., bonds_ 8 _ 83
Atlanta, Ga., bonds.... 7 .... 78
An gusta. Ga., bonds... 7 .... 83
Charleston stook. 6 .... 58
Oharl'n Fire Loan b'ds 7 .... 71
Colombia, 8. C., bonds 6 _ 60
Columbas, Ga., bonds. 7 _ 70
Maoon, Ga.,bonds_ 7 .... 73
Mobile, Ala. 8 _ 80
Mobile, Ala. 5 _ 58
Montgomery, Ala. 8 .... 82
Memphis, Tenn., b'nds
old... 6 56 58
new.. 6 54 56
" endorsed 6 CO
Nashville, Tenn. 6 .... 62
Savannah, Ga., bonds. 7 _ 87
Wilmington, N. 0. 8 _ 76
Wilmington, N. 0. 6 _ 72??
BAHiBOAD BONUS.
Atlantic and Gulf. 7 _ 80
B. B. B., 1st mortgage 7 _ 52
Central Georgia. 7 95
Charleston and Savan.. 6 .... 65
Charlotte, Col. Sc Aug.. 7 _ 82
Cherawand Darlington 8 .... 90
Ch craw & Dar., 2d mort 7 _ 72
Chosap'ke & Ohio, gold 6 _ 94
East Tennessee, Virgi?
nia, endorsed. 6 .... 68
East Tennessee and
Georgia, endorsed.. 6 .... 65
Georgia Bailroad. 7 95
Green. & Col.. 1st mor. 7 - 95
Green. Sc C., State guar 7 - 55
Green. & Col, 2d mort 7 - 45
Laurens. 7 .... 50
Maoon and Augusta,
1st mortgage. 7 .... 85
Macon and Augusta,
(1st mort.,) guar. by
Georgia Bailroad... 7 - 92
Macon and Brunewiok,
guaranteed by State
of Georgia. 7 - 75
Memphis & Charleston. 7 80 85
Mississippi Central, 1st
mortgage. 7 .... 85
Mississippi Central, 2d
mortgage. 8 70 75
Mississippi Sc Tennes?
see, 1st mortgage... 7 .... 85
Mississippi & Tennes?
see, consolidated.... 8 .... 75
Mobile and Girard, 1st
mortgage..... 8 88
Mobile & Montgomery,
gold, 1st mort., end. 8 .... 95
Montgomery and West
Point, 1st mortgage. 8 84
M usc ogee, Ga. 7 85
Nashville and Chatta?
nooga, endorsed.... 6 .... 72
North-Eastern 1st mort. S .... 91
North-Eastern, 2d mort. 8 _ 83
Pensacola & Georgia,
1st mortgage. 7 .... 40
S av. & Char., 1st mort. 7 .... 75
Sav. & Char., State goa 7 - 60
Sav. & Char., 2d mort 8 _ 70
South Carl'a, 1st mort. 7 _ 87
South Carolina.. 7 - 67
South Carolina. 6 - 67
Spartanbnrgand Union 7 .
Westum Alabama, 2d
mortgage, endorsed. 8 .... 93
BAILROAD STOCKS. Par.
Atlantio and Gulf. 100 _ 25
Augusta & Savannah.. 100 - 86
Central Georgia. 100 _117
Charlotte, Col. & Aug.. 100 - 40
Georgia. 100 97
Green, and Col. B. B.. 20 - 2
Macon and Augusta.. . 100 _. 40
Macon and Western... 100 _110
Memphis & Charleston. 25 8
North-eastern. 50 .... 10
Savannah & Charleston 100 .... 2?
8. C. B. B. shares. 100 _ 34
3. C. B. B. ? B'k shares 125 _ 34
South-western Georgia 100 90 ....
BANK BT00KS.
Poop's N'l B'k Oharl'n,
capital 8750,000. 100 _105
1st Nafl Bank Oharl'n
capital 8500,000. 100 _125
S. O. Loan & Trust Co. 100 _100
Caro. Nat. Bank, Ool'a,
capital 820J.000. 100 100 ...
Central National Bank,
Col'a, oap'l 8100,000 100 100 ...
Nation'l B'k of Chester,
capital 850.000. 105
Nat'l B'k of Newberry,
capital 8100,000.
Nat'l B'k Spartauburg,
capital 860,000.
S. C. Bank & Trust Co.
capital 8200,000. 100 _ 100
Bank of Charleston.... 100 - 21
Union Bank 8. C. 50 - 50
People's Hank So. Ca. 4
Plan. & Me. Bank 8.0. 25 _ 23
Bank of Newberry. 25 .
Bank of Camden. 50 .?
Others worthless.
MISCELLANEOUS SECURITIES.
Charleston Gas Co- 25 - 20
Charl'n City B. B. stook 50 - 54
GranitovilleMan. Co... 100 114
G. Sc C. B. cert, indeb. 54
N. E. B. B., cert, indebt. 65
Mt. Pleasant and Sulli?
van's Island Ferry Co. 100 .... par
Virginia State Coupons- 46 ....
Tonnessee " " - 60 -
City MurfreeBboro " - 80 -
City of Nashville coup's .... 80 ....
City Charleston cer. in. per
City of Memphis coup. 75 ....
N. E. B. B. pref, stook. 38
S. &U. B. past duo coup.
O. Sc ii. B. past due coup.... 40 ....
EXOHANOB, ETC.
New York sight. K off par
Gold.T.'.??...110 Ul
Silver.*103
S. O. BANK BILLS.
?Bank of Charleston.
Bunk of Camden.'. .... 15
Bank Georgetown. 1
Bank of S. C. 5
Bank of Choster. 15
Bank of Hamburg. 18
Bank of Newberry. 12
Bank of tho Stato of
S. C., prior to '61.
?4 issue '61 and '62.
?Pl. &Meo. Bank Char'n.
?People's Bank Charl'n.
?Union Bank Oharles'n.
*3. W. B. B. Bank, old.
.S.W. B. B. Bank, new.
8 tat? Bank, Charleston - 4
Farmer?' ?sx. B'kGiuur. I ..
ExohangeBank,Oolam .... 5
Oom*! Bank, of Oolam_ 5
Meroh. Bank of Oheraw .... 8 ..
Planter's Bank Fairfield_ 3 ..
8.0. bills receivable. 05
Charleston change bills. 95 ..
Bills marked ?has (*) are being j
redeemed at the counter of above office.
IRWIN'S HALL !
manager, - - . JOHN TEMPLETON.
Third appearance in Columbia of the
Greatest Attractions Ever Presented !
WEDNESDAY KVBRIJf G. December O.
THE GREATEST BILL I
? FFE???ANCE of the combined STATIC?
A THE BOUTH, (18 great artiatee,) in the
fraudent and moat aeleot performances. Aleo,
he world's greatest aenaational artistes,
LEON BROTHERS,
In their great acts. The wonderful
MAYTHEFAY,
ALICE VANE,
AND GRAND COMPANY.
Wednesday evening, December 6, the Beau?
tiful Sensation,
STILL WATERS BUN DEEP.
The Great Comic Play,
ABBUllANCK.
Admission tl; Children half prion. No
extra charge for reserved seats.
Doora open at quarter boforo 7. Curtain
rises at 8 o'clock. Doo 6
Grand Lodge of Routh Carolina.
Gn AND BRCRF.TAUT'B OFFICE,
CnARLKfiToN, S. C., December 4,1871.
THE Annual Communication of the Moat
Worabipful Grand Lodge ol Anrinnt Free
Masons, of South Carolina, commenced at
Odd Fellow's Hall, in the city of Obarleaton,
at 12 o'clock, Meridian, on TUESDAY, 21st
November, A. L. 6871.
The Grand Lodge waa opened in due form in
the Third Degree of Masonry, by Right Wor?
abipful Brother R. B. Bruns, D. G. M. The
roll waa called, and there not being a consti?
tutional number of Lodges repreaonted, the
Grand Lodge waa oalled from labor to refresh?
ment until TUESDAY, the 19th December, A.
L. 6871, at 12 o'olock, Meridian, at which time
tho Corner-atone of the new Maaouio Temple
will be laid.
The oflicera of tho various railroads have
agreed to permit, not only Grand Officers,
Ropreaentativea and Delegates, but all Master
Maaona, to paaa and repaaa for one fare. The
foll fare to be paid at tho point of starting,
and return tickets will be furnished by rail- .
road agents, or a certificate given by the
Grand Secretary.
B. RUSH CAMPBELL,
Deo G 6 18 16_Grand Secretary.
South Carolina-Laarens County.
IN THE COMMON PLEAS.
Copeland A West vs. H. William Barkadalo.
Summons for Money Demand.
TO H. W. B AIIKH') \ I,E, DI". KENUA NT IS TUIB
ACTION:
YOU sro hereby summoned and required
to anewer the complaint in thia action, of
weich a copy is filed in the office of tho Clerk
of the Court for Laurene County, and to serve
acopy?tf your answer on tho subscribers, at
their offico, at Laurens Court House, within
twonty days af tor the aervioo of thiBaummona
on you, exclusivo of tho day of servies. If j
you fail to answer the complaint within tho
time aforesaid, the plaintiff will take judg?
ment againat you for the sum of five hundred
dollars, with mt crest at the rate of seven per
cent, from the 2d day of November, 1671, and
coats. SIMPSON A SIMPSON,
Plaintiff's Attorneya.
Dated Laurena C. H., 18th November, 1871.
To TUB DEFENDANT, H. W. BAB EB DALT.:
TAKE NOTICE, that the summons in thia
aotion, of wbioh the foregoing ia a copy, waa
filed in the office of the Clerk of the Court of
Common Pleaa for the County of Laurena, in
the State of South Carolina, on the 18th No?
vember, 1371. SIMP80N A SIMPSON,
Deo 6 wG Plaintiff's Attorneya.
To the Public.
THE STATE CAPITAL RESTAURANT will
be kept open all night after MONDAY,
December ll, for tho accommodation of the
traveling public, and meale will bo served at
all hours of the day and night. Deo 5
Dissolution.
THE firm of S TARLING A POPE ia thia
day diaaolved by mutual consent. All
persons having claima will bring them forward
for collootion at onoe, and all indebted will
make payment to either of the undersigned,
or their accounta will be placed in the hands
of a Magistrate for collection.
W. D. STARLING.
Deo 2 3_W. 8. POPE.
Gas-light Bills for Ho nth of November.
CONSUMERS will please attend to the pay?
ment of their billa without delay. Thia
dosing the years' business, the Secretary baa
to make out hie yearly report, and promptness
will assist me in making an early return.
JACOB LEVIN,
Secret arv Columbia Gae Company.
DeoS 3
Fire Crackers and Torpedoes.
1 f\C\ BOXES FIRE CRACKERS,
Aviv/ 25 boxea Torpedoes, for sale by
Deo 2 JOHN AGNEW A 80N.
Stop and See.
THE latest papers and periodicals, from all
parta of tho country, fur aalo at N. G.
GIBSON'S News Depot. Will furnish any paper
deairod, at store or private resideuco.
N. G.GIBSON,
Dec 1 G Ono door North Pollock Honae.
Stovall's Excelsior Mills Flonr.
?WE keep largo supplies of this CELE?
BRATED FLOUR, which we sell at
wholesale or rotail, and warrant the
quality. J. A. HENDRIX A BRO.,
Nov ll Imo_Columbia, 8. C.
One Puncheon Lochgilpue&a.
THE beat SCOTCH WHISKEY. Dealers
oan havo it nearly at ooat.
Nov 15 _ _JOHN O. BEEPERS.
Sundries.
WE havo received a large supply of the
following gooda, which wo aro offering
at low prices:
Whole, half and quartor boxes RAISINS,
Almonds,
Palm Nuts,
Filberts,
Pecana,
Walnuta.
Nov 23_JOHN AGNEW & SON.
leckies, Fruits and Vegetables.
-| f?A DOZEN, in glass and cans, of the
LOls ohoicoat kinds, as follows: English
Piocalili and Chow Chow; California Apricots
and Bartlett Peara; Pine Apples, freah Poach?
es, Ploma, Strawberries. Tomatoes, Green
Corn, Aepwragna, Spanish Olives. Capers'
Worcester Sauoe, French and English Mus?
tard, Dessicated Cocoanut, Chocolate Pasto,
Eaaenoo Coffee, Ac; all frosh and for sale low
for oaeh._E. HOPE.
The Boyal Family.
PRINCESS ROYAL, born November 21,
1810.
Prince of Wales, born November 9,1841.
Princess Alice, born April 15. 1813.
Prince Alfred, born August 6,1844.
Princess Helena, born May 25,184(5.
Princoas Louisa, born March 18, 1818.
Prince Arthm. born May 1,1850.
Prince Leopold, born April 7,1853.
Princess Beatrice, born April ll, 1857.
The Crowning Glory of ab is tho "QUEEN'S
DELIGHT."
The Blood of tho Nation mado pure by
using HEINIT8H'S "QUEEN'S DELIGHT"
and bia BLOOD and LIVES PILLS.
Nov 29_t
For Sale.
?. A LOT of fine Kentucky A
m MULES and HORSES, just ar-rrjik
W?rivod. Call at fTP
SfelaaZL DALY'S STABLES,
Oot 7 On Assembly strati.
Aiiotlon ?aleg.
JJ jretB, Mutet, H?ge, Wagant, Barnett, and
Agricultural Implements of all kinds.
By D. C. FEIZG??? ? SON, Auctioneers.
ON THURSDAY MORNING next, December
7, si 10 o'clock, we will sell, without any
reserve, at the "Old Roach Place," three
miles from Colombia, on the Monticello
Road, the following:
2 fins YOUNG MULES.
2 No. 1 Horses,
Several fine young Cheater Pigs,
1 Two-horse Wagon,
1 One-horae Wagon,
Sets substantial Wagon Harneaa.
1 Corn 8beUer,
1 Feed Cotter,
1 Cotton Planter,
1 Gettos Gin,
1 Wheat Fan,
Plowa, Harrow?. Cultivators, and numerous
other Agricultural Implements.
Sale positive. Conditions caah. Deo 1
Valuable Laud Sale.
TBE STATE OF SOUTH CAROLINA
OOUNTY OF O OOM EE-IN THE COM?
MON PLEAS.
Florida Calhoun and Thomas G. Clemson,
administrators, va. John O. Calhoun, a?.mb
nis'rator M. M. Calhoun, el al.-Bill ic
Foreclose Mortgage of Land, Ac.
BY virtue of a decretal order in the above
stated oaae, I will sell, to the bigbeat
bidder, at Walhalla, on the first MONDAY in
January, A. D. 1872, th at valuable Plantation,
known aa
FORT HILL.,
And for many years the residence of the lato
HON. JOUN O. CALHOUN,
Situate on Seneca River, adjoining landa of
A. F. Lewie, J. W. Crawford and otuere, about
four milos from Pendleton village, and in one
of the moat desirable neighborhoods in the
State. Tho dwelling ia commodious and
handsome, and ia located on an eminence,
with gent?o slopes, which commanda a pleas?
ing view of the adjacent country, with the
mountains in the back ground. The tract is
represented by a re-survey made in 1853, as
containing eleven hundred and ton aeren, of
wbioh about one hundred and fifty aerea are
aaid to be good river bottom; much ot the up?
lands lie well and produce cotton finely. The
out-build inga are suitable in number and
aize, and are convenient for thia fine farm.
TEBHS.-One-half cash; balance on a credit
of ono year, with interest-the purchaser to
give bond (without a ure ty ) and a mortgage
of tho premiaea to secure the purchase
money, and to pay extra for atampa and ne?
cessary papers.
J. W. 8TRIBLTNG. Special Referee.
WALHALLA, S. C., November 1,1871.
Nov 1_w
Sale Spartanburg and Union Railroad.
The Statu of South Carolina,plaintiff, againat
the Spartanburg and Union Railroad Com.
Inany and otbera, creditors, defendants.
N obedience to an order dated 15th day of
. November, 1871, paa8ed by the Hon. Jamea
M. Rutland, Judge of the 4th Circuit, of the
State of South Carolina, the underaigned will
Bell, on tho FIRST MONDAY in January, 1872,
at Unionville, in the County of Union, in the
State of South Carolina, before the Court
House door, between the houra of ll o'clock
in the forenoon and S o'olock in the afternoon,
at Dahli o oatorv, to the hiebest biddtr. the
whole of the SPARTAN BURG AND UNION
RAILROAD, including the Road-bed, Bight of
Way, Grading, Bridges. Masonry and Super?
structure, hine; and situate in tho Comities
of Fairfield, Union and Spartanburg; all the
atook subscribed for in the Spartanburg and
Union Railroad Company ; the chartered righ ta
and privileges thereof; the railroad spikes,
chairs and equipments, and all the property
owned by aaid company, as incident or neces?
sary for Hs buoinens, on tho following torma,
to wit: Twenty-five thouaand {$?5 OOO) dol?
lars caah, and the balance in three equal
semi-annual instalments, with interest on
oaoh instalment from the day of aale, to be
aecured by the bond of the purchaser, with a
mortgage of the entire property sold. The
purchaser wiP also be requirod to pay for all
atampa and papers.
if the highest bidder should fail to pay al
once the twenty-five thousand (?25,000; col?
lara aforeaaid in caah. the property hereinbe?
fore advertised will immediately be offered,
at the time and placo above mentioned, upon
the terma already stated fur re-ealo.
J AM KS M. BAXTER,
THOMAS B. JKTEB,
NOVEMBEB 28, 1871. R?f?rera.
The Unionville Times, Fairfield Herald,
Carolina Spartan and Columbia Union will
copy until day of sale and aend billa to Re
fernen._Nov 29
A Home in Oeorgia.
BEINQ about to change my business, I now
offer my beautiful Country Residence,
with ita surroundings, for Bale AT A BAR?
GAIN, located nine miles Weat of Hawkins
ville, in Pulaski County, Ga. 835 aerea of
land, two- thuds cleared, upon which ia a nice
new framed dwelling, with dining-room and
kitchen attached, in modern style, with water
and acrvanta' houses conveniently located.
Also, a nice new framed atore-houae, A GOOD
COUNTRY STAND, about forty yards from
the dwelling; new framed gin-house, with
new "Pratt" Gin and Rubber Paid, and
Craig's new patent horse power attached; a
good wooden ecrew, crib, barn, stables, tool
house, and six comfortable tenante' houses.
The place is well watered, Cedar Creek run?
ning through one of the lota; well at yard and
horaelot; eoil good, and no healthier place
can be found in Middle Georgia. Caah price
of place as above described $4,000. Would
accept time payment from a good purchaser.
Will aleo sell with the place, if desired, corn,
fodder, horaos, mules, hogs, farming, carpen?
ters' toola, wagona, etc. Address
W. C. HABVABD,
Nov 29 -toTTl_Hawkineville, Qa.
Wood! Wood ll Wood!!'.
THE undersigned bega leave to notify the
oitizena of Columbia that ho bas, thia
day, catabliahed a WOOD YARD, at the
Charlotte Depot, just below, or back of Mr.
Hamberg'* Store, where ho has, and will en?
deavor to keep on baud, an inexhauatiblo
supply of ohoice Oak, Dry Pine and Light?
wood, which ho will eoll, and deliver any?
where within tho city limita, at tho regular
market prices. For convenience, 1 have
made arrangements to have orders left at the
atore of Mr. Agnew's, in front of the State
Houee, and at the store ot J. A. Hendrix.
Parties loaving ordera will please state tho
quality and quantity wanted, with their ad?
dress and place of roaidunce. Prompt atten?
tion and good measure guaranteed.
in order that huyere may know that they
aro receiving good measure, I have all my
Wood oorded, so that all parties can inepeot
for themselves; and I would prefer having
them do so boforo pnrchaaing.
I will also, as soon aa possible, have on
hand a good aupply of the different qualities
of Coal, Brick, Graniro, Lime, Lumber, Lathe,
Shingles, Post, Hash and Blinds, Doors, Ac
Parties having Lumber, Wood, Shingles,
Poet, Ac, BO desiring, can ship and have
them sold on commission at a libel al rate.
Contractors, mechanics and buildora gene
Ally wonld do well to call, before making
their arrangements elsewhere.
Nov 24_M. A. PENN.
Executor's Kotiee.
ALL persons indebted to the late Jamea
Brown, oither by note or book account,
aro requested to cali and cottle at once with
I my agent, Fred. J. Brown, or they will be
placed in tho banda of an attorney for col?
lection. Those having claims will present
them, properly attested, at onco for pay?
ment. SELINA BROWN,
Nov 28jl3_Exeontrix.
State of South Carolin a--Fair field Co.
The State of South Carolina, plaintiff, vs. the
Spartanburg and Union Railroad Company,
and otbora. creditors.-Order for Sale, Ac.
BY vlrtoe of a deorelal order in the abovo
stated oaae, all the creditors of the
bpartanburg and Union Railroad Company
are required to prove and eatablieh thoir de?
manda againat tue said Company, before us,
as Special ltoferoca, at the law offico of James
H. Rion, Esq-, in Winnsboro, ti. C.. on the
26th, 27th,28th, 29th and 80th days of Decem?
ber, A. D. 1871. and on tho 23d, 24th, 25th,
26th. 27th and 28th days of Jannary. A. D.
1872. JAMES M. BAXTER,
THOMAS B. JfcTEB,
Nov 26 Special Refercea.
tar The Fa?r?old Herald, tho Unionville
Times, the Carolina ?partan and tbe Colum?
bia Union will publieh till lBt of february,
1872, and sond bills to the Clerk of tho Court,
Winnsboro.
200
Lime.
BARRELS or LIME, for sale low by
JOHN AGNEW A 80N.
Pipes! Pipet ll
Ur\f\f\ INDIAN CLAY PIPES, for
AJUvJ sale low to deslere.
Nov 28 JOHN O. BEKGERB,