The daily phoenix. (Columbia, S.C.) 1865-1878, January 03, 1872, Image 2
COLUMBIA, S. C.
Wednesday Morning, January 3.1873.
Th? Hraavnelpatlon Celebration.
The freedmen of Colombia and the
vioinity celebrated, on the first of the
new year, thoir emancipation from slave
ry. That this event should be celebrated j
by these people is both reasonable and
commendable. Contemplated from their
stand-point, it is a great and happy j
event for them and their children; con? |
templated from our stand-point-the
stand-point of the ex-slaveholder-it ia
also a subject of congratulation to onr
selves. If the freedman is happy at the
thought of his release from bondage, so
are we relieved of the weight of human
and Divine responsibility that attaohed
to "the institution," and rejoice in our
release from a heavy borden.
In onr judgment, African slavery was
'established in the providence of God,
and in His providence it passed away,
amid.the disasters of 1865. It had done
its work. Tho fiat of au All-powerful
and All-wise Qovernor went forth, and
the slave became free. Wo uro inolined
to think that what may be called slave
civilization had culminated at tho period
of the abolition of slavery iu this coun?
try, and that, therefore, it was ali kr, ad?
vantageous to white mau and black man
that the relations of master and bonds
man should no longer exist.
It is, however, we may add, a matter
of prime importance that the black mau
should understand to whom bia grati?
tude is due-and especially so, if he un?
derstands gratitude to imply a lively
sense of favors to bo hereafter received.
Not to the North, not to the Badioal
party, does the negro owe his freedom.
Southern persistence and Southern
pluok prevented Lincoln from scouring
peace at the expense of the negro's free?
dom. God uses human means to work
out his problems. To God dc thc
colored men in this country owe their
free condition. To Him is their praise
and gratitide due.
If, now, this be true, as true it is, it
follows that the colored people onght to
consider well the auspices under whioh
they celebrate their EMANCIPATION. Not
under the auspices of bond swindlers,
and scurvy politicians onght they to
oelebrate the day, bab gathering together
peacefully and quietly, they should call
upon some good and trnsty man of thoir
own race to speak to them, and advise
them of their duties and responsibilities.
Let them see to it, that if body-slar
before, they are not soul-slaves now.
Nor let them forget that, although they
are a weak race in point of numbers and
God-given powers, that, after all, they
alone are free whom the TROTH makes
free.
We wish the colored race well. We
desire to see their claims folly recog?
nized and their rights fully conceded.
But, at the same time, we caution them
against the folly of pride, presumption
and lust of power. Their supremacy is
due to aooidental causes, and must poss
away before the onward maroh and the
irresistible power of the stronger race
with whom they aro identified. Let
them beware lent the future shall show
tho folly of rejeoting jost such unwel?
come words as wo are now scattering.
But we speak the trath, and woe to the
colored man if he hearkens not to the
warning voice. We hope, however, for
a better understanding than heretofore
between the races at the South. That
will come when the days of the carpet?
bagger and native demagogue shall have
passed away.
One and another EMANCIPATION we
hope to see tho colored men celebrate
all through the Sooth: It is their emanci?
pation from the yoke of the carpet-bagger,
and the thieves and swindlers. Let that
day como speedily. It will not bo
second in importance to tho day recently
celebrated.
A Breeze In the United State? O'onrl, on
Monday.
Quite an unusual incident occurred in
the United States Court room, on theist
inst. Pending the trial of Dr. Avery,
and after Col. MoMaster had been ad?
dressing the jory for about ten minutes,
Mr. Corbin called the Conrt's attention
to the fact that Dr. Avery, the prisoner
on trial, was not present in court. Judge
Bond thereupon questioned Col. MoMas?
ter as to the whereabouts of his client.
Upon his requesting the Court to excuso
him from answering the Court's question,
the judicial brow of Judge Bond grew
dark, and a heavy oloud onvoloped tho
benoh-the situation being reliovod,
somewhat, by the calm demeanor of
Judge Bryan. Upoh Col. McMaster's
declining to answer, Judge Bond ordered
a role to be served npon him, to show
cause, this day, why his name should not
be stricken from tho roll of attorneys, for
refusing to answer a question as to the
whereabouts of his client, &c, &o. Thc
matter will come np to-day. Dr. Avery,
it is understood, has forfeited his bond
and retired to parts unknown. The jury
brought in a verdict of guilty in his case
-although the evidence, in tho opinion
of many, was conclusive ns to Dr. Ave?
ry's innocenoo.
-. *
crompt i?v Secretary--Ye Wiso tun,
We invite attention to the notice of
Col. Aiken, the efficient Secretary of our
State Agricultural and Mechanical So?
ciety. He very properly invites to bis
assistance, in the premium list for 1872,
the aid of men skilled in the sovoral de?
partments that make ap tho premium
ltst. Observe his oard. Let us, even
thus early in tho year, begin to pr?vido
for the next ANNUAL OATHEIUNO and IN?
DUSTRIAL snow.
Stain AgrlcuUorni and ?ionhmnic?? 5v- '
COKBSBDBT, January 1, 1872.
Col J. P. Thomas-DEAB .But: At an
early day, I expect to issue the premium
list (or the State Fair of nex) fall. Dur?
ing the last fair, I hoard many strictures1
pronounced upon tho last premiam list.
To prevent the r?currence of these criti?
cisms, I respectfully ask the co-operation
of the citizens of South Carolina in com?
pleting the next list. Any suggestion!)
of alterations, amendments or improve-1
monts, sent me by mail to this place
from any portion of the State, will be
thankfully received, and will meet with
due conni deration. I also respectfully I
ask the seoretary of any agricultural, j
hortioultultnral or mechanical associa
tion in the State to send me, on receipt
of this notice, the names and post offices
of the officers of his association. It
may redound to the benoni of his dub,
sooiety or association by BO doing.
Will not all the papers of the State
favor the Sooiety by giving this note a
gratuitous insertion? Very truly,
D. WYATT AIKEN,
Seoretary S. C. A. and M. Sooiety.
We have been requested to publish
tho following correspondence:
COLUMBIA, January 1, 1872.
To his Excellency Robert K. Scott, Go
vernor cf South Carolina.
SIR: The condition of my health ren?
dering it necessary that I should seek
employment in some position where the
duties are less onerous and exhaustive, I
respectfully tender you my resignation
as Private Seoretary and as Aoting Com?
missioner of Agricultural Statistics, from
I and after this day. With my best wishes
for your happiness and suoaess, I havo
tho honor to be, very respectfully,
JOHN HEART.
EXECUTIVE DETABTMBNT,
COLUMBIA, January 1, 1872.
Hon. John Heart, Columbia, ?S. C.
MY DEAE SIB: lu aooepting your re?
signation as my Private Secretary, I de
(Rire to express my regret that tho condi?
tion of yoor health renders the severance
of our relations imperative, and to assnre
I you of my high regard for your public
and private obaraotor, and my apprecia?
tion of your long and valuable services.
Aooept the assurance that you will
carry with you, into whatever sphere
of usefulness you may adopt for tho
future, my best wishes for your health
and prosperity. Very respectfully.
I yours, ROBERT K. SCOTT,
Governor.
A PKINCB ov WALES YARN.-The last
harrowing sensation of the New York
Herakl is a reported attempt to assassi?
nate the Prinoe of Wales by poison.
Tho story ha? evidently been soggested
by the strong language of the British
press, whioh, in alluding to the origin of
the Prince's illness, has spoken of his
being "poisoned" by the exhalations o?
certain ill-opnstrneted h nose drains.
Russia may mean peace; but, if so,
why isaue the imperial ukase just pub?
lished, whfoh fixes the military contin?
gent to be raised by conscription in 1872
at six for every thousand males? The
peace contingent has hitherto ranged
from two to four per thousand. The levy
now proclaimed will be equivalent to the
raising of from 180,000 to 140,000 re?
cruits, between the ages of eighteen and
forty.
Whilo six oolored men were engaged
in removing a piano, in Charleston, on
Saturday, a stairway gavo way and pre?
cipitated them all into a briok passage
below. Strange to say, neither were
fatally injured.
The small-pox in Philadelphia has
reached alarming proportions. From
five in the month of July, the deaths
now reach the enormous aggregate of
1,094.
M. Godard, the roronaut, has just
made an asoent at Tonlouse in his new
gigantic balloon, the "Union des peu?
ples." Ten persons were with him in
the car.
The citizens of Charleston have pre?
sented Mayor Wagener with a handsome
horse and buggy, to aid him in his offi?
cial peregrinations.
Fish.
JUST received, anotbor barrel of fine, frosh
BASS. J. D. BATEMAN.
Jan 81_Columbia Ino Uonso.
For Sale or Bent,
TUE largo DWELLING HOUSE at
the cornor of Richland and Bull strcots,
?now occupied by Wm. H. Orchard, Esq.
PosseBBiou given immediately. Terms, $35
por month. Apply to
Jan 3 t3 MONTEITH A BA?8KETT.
Notice.
THE mooting of creditors of J. 8. G. MAY
RANT, advertised for this day, will be
held in tho o?ico of Montoitb A Bauskett,
Law Bango. 0. J. JAEGER, Rogijtor.
Jan 3_1_
Coupons.
OFFICE OP CITY TREASURER,
COLUMBIA, S. G., January 1, 1872.
(^IT? OP COLUMBIA COUPONS maturing
J thia day will bo paid on and aftor Febru?
ary 1,1872, at this omeo. In the meantime,
thoy will be received at par for Licenses and
j Taxes. Por instructions to
WM. J. ETTER, City Troasurer.
Jan 3_10_
Pocket Diaries for 1872.
ALL si/.oa and pricos. Miller's Almanacs
for 1872. Also, Leslie's, Cassoll's and
other Pictorial Almanacs.
ALSO,
1.000 STEBEGoCOPIO VIEWS, in Knropo
and America, colored and plain, carefully se?
lected. Forsa'oat
Jan 3 BRYAN A MoOARTEH'B Bookstore
For Sale-Splendid Building Lots.
IOFFER for salo a full square, in IC quarter
aero LOTS, hounded hy Wayno, Divino,
Pulaski and Greono streets, near tho Char
lotto, Columbia and Augusta Railroad, and
tho Wilmington, Columbia and Augusta Rail?
road, just Wost of Levor's garden, in ono of
tho most boautiful portions of tho city.
TERMH-$250 per Lot, of ono-quartor of an
acre; $50 paid down, and tho balanco in
monthly payments, $5 eaoh, and no rates of
interest. No ohargo for papers, if payment
is mado as stipulated. All tho Lots to bo
closed ont by February 1. Plat to ho seen at
the post olnco. E. W. WHEELER.
Jan 3_ Imo
~Hay! Hay!!
K/"V JUST received fifty bales of primo
fJ\J HAY, for salo low for cash, at
Jan 3 2_D. 0. PEIXOTTO A 8QN'S.
Richland Lodge No. 39, A.F, M.
A THE REGULAR COMMUNICATION
.*?f%rof this Lodgo will bo hold in tho Ma
y^av^Bonlo Hall, THIS (Wednesday) EVEN?
ING, at 7 o'clock. By order of the W. M.
G. A. DARLINO,
Jan 81 _ Secretary.
Tho heaviest assortment of plates,
oupB and sauoors, socp tureens, pitchers,
bowls, covered dishes, Seo., over present?
ed to tho publio of Columbia, at asto?
nishing pricos, by D. C. Peixotto Sc Son.
Haudhomo glum-wino dosing ont, re?
gardless of iuvoice prices, nt 1>. C.
Peixotto Sc Son's.
?ruTKD BIAL?U CO?HT, SATUSDAT, De?
cember 80, Judges Bond nod Bryan,
presiding.
The court met again at 7, and resumed
the business before it.
Louisa Ob um bore, colored, a witness
for the defence, testified: lam a naree
of Dr. Avery's. Upon the nigbt of this
raid upon Postlo nod Sam. Stargea I was
io Dr. Avery's boase; I usually sleep in
the room opposite his door, a piece from
the bouse; but tbat night I was in the
house. The baby was sick with teeth?
ing, and I slept right in Dr. Avery's
room; he remained at home the whole
night.
Kizzy Avery, colored, a witness for the
defence, testified as follows: I am a oook
at Dr. Avery's. I sleep in my room,
about ten stope from the white folks'
door. I eau BOO from my room right
into Dr. Avory's. I heard of the whip?
ping of Fostle and Sturges on Saturday
morning, the next day af ter it happened.
That was in March Dr. Avery can't go
out any time but what I know it; I didn't
hear him moving about that night at all
after he went to bed. I was present at
the interview between Mrs. Avery and
Fostle. He said that he didn't prosecute
Dr. Avery, and couldn't say it was Dr.
Avery. He made no threats.
Cross-examination by Mr. Corbin-I
first begin to talk about this being on
Friday night after Dr. Avery was put
ia jail, I talked with Mrs. Avery sud
told her I remembered it was Friday
nigbt. Mr. Avery said to Postlo if he
committed perjury he would have to go
to the penitentiary for twenty years, pro?
viding if Dr. Avery went;' if he said
Massa Edward was tho ooo that whipped
him, and Massa Ed. had to go to the
penitentiary, he would have to go too.
Dr. Talley, a witness for thc defence,
testified.
Examination by Mr. MoMastor-I ex?
amined Dr. Avery's wound to-day, by
request; traces ot the wound are still
apparent in the arm-pit. Tho extensor
muscles of the fore-arm are paralyzed
completely, so as to deprive him of the
power of moving the fingers; the arm is
entirely useless; raising the arm up is
very much impaired; he bas more power
over the arm than over the fore arm; he
could raise the arm to rv horizontal posi?
tion; he ooald not oxtend it to any
height.
At tho rcqucsi c: Mr. Wilson, tho pri?
soner exhibited his baud to tho jury.
Cross-examination by Mr. Corbin
The position of the band is permanent,
whether the arm is raised np or hangs by
the side, tho hand remaius a fixture.
B. P. Mayraut, a witness fur the de?
fence, testified.
Direct examination by Mr. Wilson-I
was a Constable at Bock Hill iu 1868;
there was no crowding of the polls there;
Dr. Avery was there a while iu the morn?
ing and went away; I wus a member of
the constabulary force.
Cross-examination by Mr. Corbin-I
didn't see bim challenge anybody, but I
don't kuow.
Franklin H. Brown, a witness for tho
defence, testified as follows:
Direot examination by Mr. Wilson
In tho fall of 1868 I was solicited to
meet to organize for snlf-proteotion, and
I concluded to go; they said it was
simply for self-defence, and if I con?
cluded to go into it, I must be initiated;
so I took an oath, proscribed by Dr.
Avery. Wo broke up at once after I
was initiated; I never hoard of a meet?
ing after that.
Cross-examination by Mr. Corbin
The process of initiating was a handker?
chief thrown over my face; I don't know
much more about it. I think I swore
not to revoal the seorets of tho order,
nuder the penalty of death, death,
death. I saw one man disguised. The
meeting was held in an old pine field,
about fifty yards from tho road, in tho
night.
Frank Carathers, a witness for the de
fenoo, testified as .follows : I joined an
organization for home protection in
1868; Iredell Jones was chairman of the
meeting when I joined; Bobert Alston, u
clergyman, was sworn in at the same
time; I don't know what became of tho
organization; I never beard of any meet?
ings.
John A. McCollough, a witness for the
defence, testified: I joined a society for
borne protection in 18G8; there was
nothing said in it about interfering with
tho colored people, nor intimidating
them; there was some secrecy in it; I
was blind-folded and took an oath. Bev.
Bobert Alston joined at the same time.
There was eome seoreoy nhout the thing.
At ll o'clock P. M., the court ad?
journed until ll o'olock, Monday morn?
ing.
MONDAY MOKNIKO, January 1, 1872.
The court met at ll A. M., Judges Bond
and Bryan on the Bench.
A witness for the prosecution, C. H.*
Bankhead, testified that ho saw Louisa
Chambers, a witness for tho dofenco, in
close consultation with Dr. Avery in the
Stato House building, Saturday evening,
bofor the court met, but did not hoar tho
conversation.
Qovernor Ferrell was then called and
sworn. Ho said: I attended tho elootion
at Bock Hill in 1868. Tho polls were
crowded by Dr. Avery, Mr, Iredell
Jones and Mr. JobnBattarce, and a num?
ber of oolored people woro prevented
from voting.
Major Merrill was next put upon the
stand. He said: I um an officer of tho
United States army, and bave been on
dnty at York ville since tho 26th of Maroh
last. I bad a conversation with Rev. B.
E. Cooper with regard to tho intimida?
tion of the wituosB, Isaac the Apostle.
Mr. Cooper had been arro6ted nnder
such a charge, aud came to make an ex?
planation. Ho distinctly and repeatedly
assured mo that no mention whatever
bad been made to Isaac the Apostlo
about the consequences of perjury,
either by bim or by Mr. Avery, in Iii3
presence.
Cross-examined by Col. MoMastor-I
don't think I have over received any in?
formation further than what has boen
brought oat in this cuso, as to any other
parties being ongaged in tho outrage on
Apostle and Sturgis than tboso in this
indictment. I have beard from Mr.
John Battarco, who was shot tho night
of tho raid on Qovernor Ferrell, the
names of tho parties present. He did
mention tho names of Dr. Avery, Iredell
Jones, Castle, Dandy Massey and others.
The shooting on tho occasion, ns ex?
plained by Mr.oilattaree, was this: Some
forty or fifty men bad collected, in order
not to interfere with Mr. Ferris, bat to
pick oat of a negro ou the piuco some?
thing about the election, Some of tho
party wont into the yard, firing com?
menced, and Mr. Ferris shot into tho
crowd. Whether be bred first, I don't
recollect of Mr. Battareo saying, but bo
did say tbut ono of tho shots of Ferris
took effect in bis face, and bo rapidly
withdrow from tho field. 1 did furnish
information to tho District Attoruoy,
wmmwtmwmBaa?m*?mmW?mmmnmmxnwmmmtmm?M?mmm*m
upon wiiioh. 1 believe, a true bill has
been found against Bev. R. E. Cooper,
Mr. Avery and Louisa Chambers, for
intimidatiog thc -iiness, Isaac the Apos?
tle.
The testimony in the case waa closed
here, and the oonnsel went to the jory.
Col. F. W. MoMastor had but jost
co m m CD oed his argument, rovortiog to
the original parity end excellence of the
trial by jory, as established in England,
its subsequent corruption by a partisan
Government afterwards, os witnessed in
the case of O'Connell, tho Irish patriot,
Aro., when Mr. Corbin requested permis*
sion io interrupt the oonnsel. He stated
that he did not observe the prisoner in
tho ooart room; that he had inquired ol
the counsel where the prisoner was, and
was answered that it was for him to find
out.
Col. MoMastor-That is so, and I re?
peat my reply.
Judge Bond-Can the oonnsel for thc
defonoe give ns any information of thc
prisoner?
Col. Wilson-I was informed yester?
day, may it please your Honors, that thc
prisoner loft, on ?Saturday evouing, tc
visit bia family, and understood that h<
would return by the next train; but]
had no interview with him before he left
I Judge Bond-Col. MoMaster, hav<
you any information as to tho where
abouts of your client?
Col. MoMaster-I hope the oourt wil
excuso me from answering thatquestioD
Judge Bond-Col. MoMaster, will yoi
inform the court if you had any comma
niaation with the prisoner in regard t<
hi* absence?
Col. MoMaster-I hope tho Ooart wit
exou80 my not replying to that question
also.
Judge Bond-Mr. Olerk, yon w'U serv
a rule immediately npon Col. KoMastei
to show cause why his name should nc
be stricken from the roll of attorneys c
this court for contempt.
Col. MoMaster-I trust that the Com
will allow me reasonable time to cousu
oonnsel apon a question of some in
portanoe to myself, at least.
Tho rale was aooordingly preparod au
the time for Col. MoMaster to aosw<
fixed for Wednesday next, Jan miry !
Aa order was signed by the Court d
daring tho bond of tho prisoner for h
appearance forfeited, and ordering thi
the writ of soire /acias do issue again
tbs prieo!?->r and hi? bondsman. J.r.
Lowry, Esq., returnable in two days.
Mr. Corbin stated to tho Court that I
was under the impression that the tri
oould not be continued in the absanco
the defendant, but would be glad to ba'
antil to-morrow morniug to consider tl
question, riji' ?j'
The Court,'accordingly, adjourned u
til to-morrow, at ll A. M.
TUESDAY'S PKOCEBDIN<JS, January
1872.-The court met ut ll A. M., Judg
Bond and Bryun on the benah.
Mr. W. B. 'Wilson stated tb tho cou
that the Bev. lt. E. Cooper had boon c
rested under n beuob warrant this mot
ing, and was now in confinement; tb
Mr. Cooper bud previously been arro
od, and required to give bail to appe
and answer tho sume charge at Yorkvil
and he moved, tberoforo, that bo be 1
leased from tho custody of the Marsh
The ooart so ordered.
Mr. Chamberlain announced to t
court, that since the adjournment yi
terday, bo, together with the Distr
Attornoy, had been investigating t
question wbioh aroso from the fact
the absence of the prisoner on tri
whether or not, ander tho oiraumotanc
the trial could proceed on to the rou
tion of a verdict for or against I
Avery. As to the general rale in ca:
of felony and treason-that the priaoi
should be present to cross-examine fl
noeses, ko., be said he bad no doubt 1
the question hore was, whether the p
Boner, after appearing and ploadii
oould absent himself of his own free w
and by taking advantage of bis o
wrong, defeat the ends of justice; tl
the right to be present was a privih
granted to the defendant, and if, of
own accord, he failed to take advanti
of it, it seems absurd that for that r
son justice oonld be obeated of ber A
tim. He stated that, after a long a
careful examination of authorities,
case had been found exactly parallel,
oept in an Ohio case, where, just as bc
a prisoner, after having been arraigi
on a obarge of felony, made bis escn
and left the court in a similar dileni
as that in which wo find ourselves.
Col. MoMaster was then instructed
proceed to address the jory. Af to
short review of bis argument yesterd
ia regard to the nature and intentior.
the trial by jory, its pristine purity (
final decadence, the speaker went ou
show, that in this court, the jury 1
been formed in a way that tended
more to defeat the true purposes of si
a tribunal than even the memorable j
that sat upon tho trial of the Irish
triot, Charles O'Connell, and which d:
forth the sternest condemnation of
illustrious bistoriuu, Maoaulay. In I
instance, the great injustice rested in
fact of O'Conuull being n Catholic i
tho jury hoing composed entirely of
religious antagonists-Protestants,
here, in South Carolina, in tho Cir<
Court of tho United States, what do
see? Tho collectors of internal rove:
furnish to the Clerk of tho Court a i
tain namber of names, from which
jnrors ure drawn. Those collectors
the first place, uro the political onen
of the parties arrested under tb eso
Klux Aots, and the complexion of
juries manifests the fact that tboy h
allowed their partisan prejudices to b
their sense of duty. Tho rcla
strength of Ibo two political partie
the State is about two Democrat
three Republicans; but oa this jury
of upwards of seventy names, there
not a half dozen Democrats; and of
small numbor, by the exercise of
right of qualified challenge, as cluii
by tho t?o ver um ont, it is beyond
limits of possibility to got ono on
paoel. Besides, too, said thu spca
tho prejudices of coullictiug pc
cal opiuions, thu prisoners in tl
Ku Klux caaes uro subjected to
further injustice of being thrown
Uroly upon tho mercies of au ant
niatic race, and against whom uearl;
tho outrages havo boon committed,
such a jury, so organized and uatui
so prejudiced, tho history of thc wc
not oven tho persecution of the Cati
Irish, could furnish a parallel. lu '
of these things, said the speaker, it i
you colored men, niuo of whom I Bec
fore mo, on tho jury, to vindicate
character of your hitherto despised
plo, und, by rising abovo tho na
prejudices of race and political p
sausbip, show yourselves tit for freed
tho peers of tho white man; nay, ai
you eau iii these coses dispense ju
with au even baud, the superiors of
Catholic Protestants of ireland in
timo of O'Connell. Tho speaker
mitered into an earnest discussion o
facts of the case, and abo wed, in a con?
vincing manner, thai the crippled ???
dition of Dr. Avery's band and arm
rendered it physically impossible that be
should have committed those ante apon
which his identity solely depended,
whereby the jnry could not, sta intelli?
gent men, fail to acquit bim, even
though they had not the positive and in?
disputable testimony of the several wit-1
nesses who had shown that, upon the !
night of the outrage upon Sam. Sturgis !
and Isaac the Apostle, Dr, Avery was at
his own borne, miles away.
Gol. MoRaster was followed by Gol.
W. B. Wilson. He admitted that there
had been proof to show that Dr. Avery
had been a member of a certain organi?
zation formed for self-protection, in ,
1808, bat denied its identity or connec?
tion in any way with the Ku Klux Klan,
so-called, of 1870 and 1871. At least,
there had been not a parti?le of proof to |
that effect. A number of witnesses had
been plaoed|upon the stand, who openly j
acknowledged their membership in the!
association of 1808. It had no constitu?
tion each as ia read here, os being the
constitution of the Ku Kiox Klan--no
turk, no monarch, no night hawks-no- ;
thing, in fact, in common, except that it
was a secret organization and the mem?
bers were bound by an oath not to di?
vulge ita proceedings. The speaker then
turned to the evidence adduced to con?
nect Dr. Avery with the special conspi?
racy against Samuel Sturgis, and ia his
peculiarly acute, searching and exhaust?
ive manner, oomparing tho testimony of
the witnosses for the prosecution, one
with the other, and pointing out their
glaring oon?iotions, abutted them ul ter ly
inadequate to found a verdiot of guilty
upon.
Mr. Corbin followed for the prosecu?
tion. He dwelt at some length, in the
opening of his speech, apoa the flight
of the prisoner as being indicative of a
consciousness of guilt. Then, review?
ing the tostimony in regard to the ob?
jects and operations of the organization
in 1808, he claimed that, by the declara?
tions of Guntbarpe and others as to its
political designs, and the details of the
raid on Ferris, as given by Ferrell, the
going at night in disguise, and the evi?
dent intention to kill Ferris in bis bed,
all go to provo that tho klan of 1803 was
ono aud the same in its objects, inten?
tions and plan of operations as the hell?
ish conspiracy that murdered Boandtree,
Charley Good, Anderson Brown, Jim
Williams, and numerous otbor oolored
people, in 1871. The speaker reverted
to the special testimony in tho case, and,
viewing and presenting it in a light fa?
vorable to the prosecution, demanded,
with confidence, a verdiot of guilty.
Judgo Boud said to the jury that, in?
asmuch as they had beard his charges in
previous casus, bo did not deom it neces?
sary to instruct them any further now.
After an absence of about half an hour,
the jury returned and rendered a verdict
of guilty.
Alfred Burke and James Scruggs were
arraigned, and plead guilty to a charge
of illicit distilling.
Tho following named prisoners ap?
peared and plead guilty ander the Ku
Klux Aot: First, Gibeon Cantrell, who
said he lived in Spartanburg County;
was sixty six years of age, and had be?
longed to Horno Creek klan, bat was
never on any raid, and had joined for
protection. Jesse Tate, Obristenbury
Tate, David Collins, Billy Scrnggs,
Judge Edwards, King Edwards and
' Sherwood Blackwell, were membere, and
Alfred Harri? was obief.
Next, Turner Phillips, Lewis Sally and
W. S. Blackwell. The last three stated
that they had been foroed into the klan
against their wishes.
Tho oonrt directed the marshal to
bring the prisoners np to-morrow, to be
sentenced, and adjourned till to-morrow,
at ll A. M.
We commence
WITH TUE MEW YEAH
CLOSING OUT
oua STOCK OP
WIITU MY (HIS
AT EX ru VOU DI N A ll Y
LOW PRICES.
Oonsumors o? DRY QOODS, mako a note of
the ahovo. Wo most oloar out Winter Stock,
aud BARGAINS may he expected, as large re.
duclions in prices will hu made, at tho
POPULAR DRY GOGOK HOUSE OF
W. I>. LOVE A CO.
W. D. I.oVK,
Lt. lt. MCCRKKSV. Jan 3
MUMMY.
SPECIAL LOT
OF
FIFTEEN DOLLAR IMPORTED HATS
AT
EIGHT DOLLARS.
RALANUti OV STOCK AT
REDUCED PRICES.
Jan 3 ll. C. 8IIIVKH At co.
Citizens' Savings Bank of S. C.
ALL SAVINGS DEPOSITS mado in this
Rank on or hoforo tho 5th day of eaoh
cal? hdar month will hear interest for that
month UH if deposited on tho lat instant.
J. C. H. SMITH,
Dec. 311 Assistant Cashier.
?"~r o o a, 1^ lt? m o.
CITY MATTHUS.-The pri?e of ningle
copies of the PHOENIX is live couts.
A complete outfit, with the exception
of n press, for a oountry paper is offered
for sale at a very low rate. Particulars
can be obtained at PHCBNIX office.
Tbe Independent and Palmetto Fire
Companies paraded together, yesterday
afternoon, headed by Capt. LyBrand's
Firemen's Band. Captains McKenzie
and Stanley have just cause for feeling
I proud of their respective companies.
This, we presume, will be the last parade
of tho Palmettoes with their hand
engine, aa their steamer is expected ic a
short time. Vive la steam fire engines.
Emancipation Day was celebrated on
Monday, by a parade of the different
colored military companies. Addresses
were delivered in front of the State
House, by Congressman Elliott, ex-Con?
gressman H?ge and others. Evory thine
passed off quietly.
A large amount of property-real anc
personal-was disposed of at public
auotion on Monday, and fair prices won
obtained.
Would it not be a good idea for thi
four railroads centreing in Columbia, t<
construct a joint depot-on the August
plan? It would be a great accommoda
tion to tbe traveling publie, and, at th
same time, a matter of economy to th
different companies.
Return tickets to Charleston, at es
oursion rates, good from the 8th to th
15th instant, are offered for sale by th
South Carolina Railroad Company e
their different stations.
There is to be a slight change in tb
schedule of the Oharlotte, Columbia an
Augusta Railroad, on and after to-mo
row. No. 1 train will leave Colombia i
8.22 and 1.35; No. 2 train at ll.0-1 an
2.00.
Remember, the closing out sale of tl
fine arts will take place this (Wodne
day) morning, at 10 o'clock, ot Peixot
& ?Son's, whon the balance of oil pain
inge, engravings and ohromos will 1
sold to the highest bidders, regardless
prioo or woather.
The raffia for tho music box nt tl
Pollock Housu comes off this evening,
8 o'clock. Persous having unpa
chauces will ploaso como forwa
promptly.
Sumo uvil-diBposod individual (Ired
pistol ball through oue of the lar
panes of glass in Dr. Hoiuitsh's windo
Now Year's night.
The Greenville train was delayed set
ral boura, yosterday, by tho giviug <
of the locomotive, noar Belton.
The following o Si oe re of the Palme
Steam Firo Engine Company w<
elected at the regular meeting, held li
evening: President-W. B. Stank
vice-President-G. A. Shields; Sear?
ry-Thoa. P. Purse; Treasurer-E.
Stokes; 1st Director-J. A. Shiel];
Director-Jas. MoElrone; Sd Directo;
F. N. Ehrlich ; 4th Direotor-Robert
McKay; Surgeon-Dr. Q. S. Trezeva
Solicitor-W. K. Bachman. The cc
pany appointed a committee to m
some Indies who have kindly tende:
their servioes to assist the Palmettoes
raising tho sum designed for the p
chase of their steam fire engine and
paratas. Wednesday, the 10th iustu
at ll o'olook A. M., at tho Palme
Hall, is the time and place fixed for
meeting. The Palmetto is compos?e
a gallant set of gentlemen, who will
precinto this kindness on the part of
ladies. Wo hope that the ladies of
Inmbia will prepare some speoimene
their handiwork and good tusto for
proposed fair. The object is an e
neutly worthy oue.
THB IND UPENDKNTS.-The thirty-t
anniversary meeting of thia deserv?
popular fire company was held,
night, in their hall-President McE
ixe in the ohair. Mementoes were
oeived from the /Etna and Young A
rioa Fire Companies of Charleston
tho shape of a fire buckot and a Ku Ii
sword. After the transaction of
usual business, an cleotion was held
officers, resulting as follows: Presid
John McKenzie, (re-elected;) Vice-]
sident, Wm. H. Monckton; Secret
John F. Sutphen, (reelected;) Treu
er, L. F. Hopson, (re-elected by ac
m a tion;) Chief Engineer, J. A. J. ]
riok; Assistant Engineers, P. Mi
brease, John T. Wright, Lewis L
Directory, John Dorsey, H. J. Hem
C. J. Beok, P. Motz; Axemen, J
Schroeder, F. L. McKenzie, C. Hoe
T. L. Mood.
Lo wis Lovy, Esq., is a charier no
ber, but has always been also an a
member. The only other charter m
ber now alive, we behove, is Capt. Vt
Stanley, tho respected President of
Palmettoes. J. C. Sutphen, Esq.,
eflloiont and energetic Vico-Preaid
declined a re-election, and as a test
nial of regard by the members, was
sooted with a pair of silver E?b
President McKenzie, in presenting
testimonial, roferred to tho volnc
and ofton unappreciated duties of a
mau, at Ibo same time giving tho r
iug officer duo credit for the service
had rendered personally. Mr. Sut]
roplied briefly-his feelings ovid?
getting the bettor of him. Just a
this timo, Mr. C. Hoffer made hie
poaranco, with an immonse bow
punch, and also a quota of lager, \
tho goblets wore duly christened.
Firemen's Band wore on hand, and
I nished capital music. Several indi'
als were called upon to respond to s
monte, but the bulk of tho response
volved upon Messrs. Dorsoy and .
nies, who sung sevoral amusing soni
INSTALLATION OF ? NEW LO DUB OW TEM
L O. B'SAI BHHTTH.-On Snndiy, Ute ,, ,\
81st alt, a new lodge of the above older
was installed in oar oily, by Wm. Lorex -
stein, Esq., of Richmond, Ya., Grand
Yacz of D. G. Ii. No. 8, assist? by
Past Presidente J. H. M. Ghumaceird, .
B. Bice, B. Springs and Messrs. Eogene
Mantan and A. B. Levitt of Dan Lodge
No. 98, Charleston. After the confer*
ring of degrees on about twenty-five
members of the new lodge, the following
officers were elected to serve for the term
of six months: Isaac Snlzbaoher, Presi?
dent; D. Epstein, Vioe-Prtwident; P.
Epstein, Recording Secretary: O. 8.
Braun, Fi nano i al Bec rotary ;0. Hamburg,
Treasurer; T. Franklin, Assistant
Mentor; D. Aaron, Warden; H. Steel,
Guardian. Trustees-Hardy Solomon,
A L. Solomon, M. Lavis, T. M. Pol?
lock and I. Sulzbaoher.
The G. Y. appointed Mr. Jacob Salz
bach er as Mentor, and B. Bice, Esq.,
Deputy G. N. A.
As this is comparatively a new order
in oar oity, a slight history of ile origin *
may be interesting to oar readers. It
waa commenced about seventy-five yeera
ago, with a few Israelites, in the city of
New York, and has now increased to 168
lodges and abont 20,000 members.
There ore now six District Grand Lodges
in the United States. District No. 3, to
which the new lodge belongs, baa its
headquarters at Philadelphia, and ia
composed of the States of Pennsylvania,
Virginia, North and Sonth Carolina and
Georgia. Thore are about 8,000 mem?
bers IQ the district, and an aggregate
fund in the treasnriea of the varions
lodges of abont $75,000. It is purely a
benevolent and beneficial institution;
and, besides paying sick and funeral be?
nefits, this district has an endowment
law connected with it by which fifty
cents is paid by each member on the
death of a brother of the district, by
whioh means a handsome Bum is derived
for the family of the deceased, and, in
many oases, has prevented much suffer?
ing and distress. This ?B the second
lodge organized in the State, and, from
the oharaoter of ito officers, we bespeak
mnoh success. The members of the
new lodge are profase in their praises of
the ablo manner in whioh Mr. Loren
stein and his associates performed the
da Mes of installation.
On Monday evening, an entertainment
was given nt the noosa of Mr. David
Epstein, in honor of the new society.
The PHOENIX was not forgotten, and waa
promptly on hand at the appointed hour.
A goodly number, some twenty-five or
thirty of the members of the new lodge,
with the chief guests of tho evening,
Mr. W. Lovenstein, Grand Taez of the
order from Bichmond, Ya-, and Mr. B.
F. Bice, of-Charleston, to whose exer?
tions tho establishment of a branch of
the ordor here is mainly doe, were pre?
sent After a short social chat in the re?
ception hall, the party were invited to
repair to tho supper room and partake of
the choice viands prepared under the
skillful supervision of the hostess. The
demands of the inner man were first
satisfied with every variety of fish, flesh
and fowl, of whioh oar climate oan
boast, and prepared, too, in a style to
please the palate of the most fastidious
epicure there. As the cravings of hunger
somewhat abated the sweetmeats of
every description, custards, cakes, pud?
dings, tropical fruits, etc., came in for
their share of attention. The some?
what sedate aspect of the party, while
disoassing the more substantial dishes,
began to give way to the merry influence
of Champagne and Hookheimer. When
the party had become snffioiently warmed
ap to tue conviviality of the. occasion,
the President rose and said that the hour
had arrived to announce the regular
toasts of the evening:
1. District Grand Lodge, No. 8-The
effervescing fountain, from which so
mach light flows. May its course bo
ever onward and upward in the great
work of benevolence, brotherly love and
harmony. Responded to by W. Loven?
stein, Esq.
2. The founder of Gaza Lodge-May
he long live to Bee the fruit planted by
him grow to the fall bloom of maturity.
Responded to by Mr. B. F. Bioe.
3. The order of B'nai Berith-May its
glorious principles be spread through
every land, to unite more closely in the
bauds of religion and friendship the de?
scendants of Israel.
Responded to by Rev. J. L. M. Cham
oerrL
4. Dan Lodge, No. 93, the pioneer
lodge in tho State, a shining otar in our
covenant-May it continue to shed ito
light over our Southern land.
Responded to by Mr. B. Spring.
5. Gaza Lodge, No. 168, the young?
est of the brotherhood-May ito frater?
nal union be as lasting as time itself.
Responded to by the President, Mr. I.
Sulzbaoher.
6. The oity of Colombia, oar home
May ita future bo great and prosperous,
and nndimmned by the sad afflictions of
the past.
Responded to by Mr. A. L. Solomon.
7. The press-The groat lever of en?
lightenment.
Responded to by Mr. W. H. MoCaw.
8. The officers of Gaza Lodge-May
the wisdom of their reigu prove as suc?
cessful and harmonious as their election
was unanimous.
Responded to by the President, D.
Epstein, Esq.
9. Our wives, daughters, sisters, sweet?
hearts-With their bright smile and
approval, there nan be no snoh word aa
fail. Responded to by Mr. Leavet
After the regular toasts, followed a
number of impromptu replies to special
son timon ts, by Mr. Solomon Epstein,
Mr. H. Solomon, Mr. Steel, Mr. Jacob?
son, Mr. Carr and others.
Perhaps, though, the most pleasing
incident of the festive aoeno was the
presentation of a handsome silvor
pitch or and goblets to Mr. B. T. Rico by
the lodge, as a testimonial of their ap?
preciation of his zeal and labor in the
organization. The handsome gift waa
tendered, with appropriate remarks, by
Mr. W. Lovenstein, on behalf of tho
lodge, and acknowledged in fitting sad
feeling terms by the honored recipient
After enjoying themselves in a convivial
way till nigh the wee ama' hours of the
night the party dispersed.
LIST OF NEW ADVHIITTS?I?KNT3.
J. D. Bateman-Fish.
Dr. Walker's Vi negar Bitters, &o.
Peixotto & Son-Auction, &o.
Monteith & Banskett-Sale or Rent.
C. J. Jaeger-Notioe.
W. J. Etter-Coupons.
AtlantioAcid Phosphate.
Meeting Richland Lodgo.
W. D. Love & Co.-We Commence.
R. C. Shiver & Co.-Millinery.
Bryan ?fe MoCarter-Diaries.
E. W. Whoelor-For Sale.