Historical Newspapers of South Carolina

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COLUMBIA. S. C. Friday Morning, January 5.1872. A National VIevr-~Arraign tb? Ualprltc We invito the sp?cial attention ot onr readers to an article elsewhere published and headed "An Karneol Arraignment of .ho Culprits Demanded." It ia from the organ of the- Demooraoy at the seat of the Federal Govoromont. We unite with the Atlanta Sun in commending the article to the ? careful perusal of earnest Democrats everywhere. As pur. readers are aware, the attention which our local affairs now demand, has not allowed us the opportunity or saying much on che subject of Federal politics. But, thia we desire to say: We have very distinct and deoidod views as respects our national concerns; and at the right time we shall invite bur readers to follow us in our survey of our giant country, lying with its head in Alaska, and seeking to place its feet in San Domingo. We have, we hope, pretty well disposed of our muni? cipal ring. . We expect victory over the State plunderers and swindlers. When these results heve been achieved, we in? tend that tba. cirole of our efforts abell widen until it embraces the whole coun? try. lu the meantime, we endorse the arti? cle from the Washington Patriot, and, for one, we feel its stirring appeal through all tlie crimson of ?our blood. Well does A. H.S., in the Atlanta' Sun, say: The outrages of the Governor-Genoral of India-his robbery of the House of Onde, and his mercenary wars upon the Bohillas and Mahrattas-wore but mis? demeanors compared with the much higher crimes against the liberties of thia country, committed by the ruling dynasty at Washington, in their most wicked war against the Constitution of the United States, for the laat five years -commenced and carried on by them after the war of secession was over, and after all of ita results were fully accept? ed-a war in which, by bayonets, the Government of the States of the Federal Union have been subverted and revolu? tionized, and the people in them cor? ruptly robbed, by the instruments of power and usurpation, of not leas, in the aggregate, than $40,000,000 of their substance! Hastings' malfeasance of re? ceiving ?100,000 for letting looso his mercenary bands upon au unoffeuding people, shocked all England. What was this compared with the iniquitous deeds of those who have committed wrongs so much more monstrous in extent and oharaoter-all, too, confessedly "outside of the Constitution?" Col. McBIaater'a CHIC On yesterday, in the United States Court, the case of Col. MoMaster, for alleged contempt of oourt, was resumed. The Government was represented by the United States District Attorney and the State Attorney.General, who argued to .sustain Judge Bond's position. On the part of Col. MoMaster, Johu Wa ti es, Esq., of the firm of Messrs. Baohman A Waties, apbk? with earnestness and de? cided ability, bringing a well-trained in? tellect to bear upon his brother lawyer's caso. The court has not yet announced its decision. We are informed that the District Attorhoy made a remarkable speech, that was intended to be very severe upon our friend, Col. MoMaster, one of tho most respected members of thia bar. lu seeking, however, to be severe, the District Attorney succeeded simply iu being rude. His brutum f ul? m?n, whether directed against individu? als or against a whole people, is now estimated at its proper value. When ho said that, in striking Col. MoMaster's name off the roll of attorneys, tho court would be doing what wonld moot with g???i'?i approval, Mr. Corbin made a statement which in gratuitous and un? founded. Tho reverse is the case. We learn, further, that Mr. Corbin affected to talk very grandly of tho dig? nity of the bar here, and intimated that it needed purging of some unworthiness. We oommend to thia legislator, who is seldom in the Senate, and this "patriot" nf multitudinous o flic os in the past and of much arrogant presumption in the present, the very system of purgation to which he coarsely alludes. Wheu the Carolina or Columbia bar is rightly purged, we are satisfied tbat it will lose the services of the notorious District Attorney-a co-conspirator with tbo? othera of the same class, who bave olimbed the monument of Carolina, and bang hissing at the "nobler mon below." * -rn rn The Union, of yesterday, contained a laudation of Judge Bryan, and throws ont the thought that Judge Bryan, in his oonduot on the bench in the pending trials, has disappointed Demooratic ex? pectations. Ail we havo to say is this: That we 2*v*r desired or expected anv favors of Judge Bryan in behalf of tho people of the State. Wo proanmod, and do now presume, tbat as au honest Judge, he will discharge his duty to meet the requirements of his own conscience, agreeably to his sen BO of judicial duty and propriety. If, however, the Union begins to praise Judge Bryan, wo sub? mit to the Judge that nu impartial pub? lie will decide that the time bas oome for him to review his record. If, how? ever, Judge Bryan shall disappoint the expectation of some, we think it very apparent that Judge Bond will not that of others. AH we want is JUSTICE and FAin PLAY. THE COTTON TAX-IMPORTANT NOTICE TO Ant. CONCERNED.-We learn from a communication from Washington, ad? dressed to John T. Sloan, Esq., that "the Secretary of tho Treasury bas at last modified his two year order, and extend? ed the time to June 30, 1872. All cot? ton, tare and other claims that were shelved by tbat order will be sated on and paid, if properly proved." Thu Attack? Upon tho ttiV. Biri Cooper ?nd Dr* Avery. , - If we thought that ?lite Rsdjos? sheet hero spoke for itself, wo would perhaps treatita emanations with deserved si ?once and VT ell -mor? t ed contempt. : Bot,' as we deem it the organ 'of the present corrupt dynasty of thieves and -swindlers in South Carolina, and aa further tho organ of thoso who have incited and hennded du this infamous war which the Federal Administration has been carrying on in South Carolina, and is now waging with oruel pertinacity, we shall notice what' it says, and from time to timo wo shall ox pose its misrepresentations. This paper contributed largely to bring the rigots of military rule' upon tho up-country, and now it seeks to add fuel to the flames that its malignant spirit in part created. It is. now abusive of the. Rev. Mr. Cooper, a reverend gentleman of high oharaoter in York, and it is fond now of abusing also Br. Avery, the prisoner lately on trial: The eulogist of tho "virtuous" Jaok Bou may well bo expected to become the calumniator of the Rev. Mr. Cooper, whose great offence seems to be that he had tho spirit to r?sout the tyranuy of the "autocrat" of York, and refused to bend tue binges of bia knees that soon i it j iuigut follow 'ttwuisg. The Bev. Mr. Cooper is above the assaults of the Government or of its minion, tho Union. As to tho caso of Dr. Edward T. Ave? ry, we have this to Bay : Beforo Dr. Ave? ry's case came up, an artiole appeared in the Union, prejudging his case and calling him a leading Ku Klux in York. He called upou tho chief editor of this paper, and, introducing himself, pre? sented a card for publica!iou. This card Was a spirited'ono. In it he protested his inuoconoe of the charges laid against his door, asserted his rights, aud resent? ed the outrages to which be, bis family and b? fellow-citizens had been subject? ed lo in York. It was r. manly card, und just snob a card as an innocent aud out? raged mau would be expected to write; for he defied bi J prosecutors and stood up boldly for his rights OB a freemau. We ad vised against tho publication of the card, aa it might prejudice his case, and advised him to leave his case to the arbitrament of the law. Ho consented; and although smarting under tho griev? ous wrong that a prejudiced journal had done him and his family, he forbore and kept silent. Now that he is gone, and his enemies are busy with their denunciations, we write this as an act of justice to on ab? sent tuan-to ono who, though a packed jury brought in a verdict of guilty, is deemed by many to bave established bis innocence before he oonoluded to be? come an exile from friends and Stale, iu order to escape what he regarded tho in? justice of his country. It is a French proverb, that "ibo ab? sentare always wrong." In the eye of an All-searching Power, it is. not go. Nor is it so oven in the eyes of un im? partial public. Though we can have no more sy m pat by with the outrages proven i or not proven of Ku Klnxiam than we ' have with tho outrages of tho Loyal League, and of tho monetary Ku Klux of Hie State Board of Finance, yet wo intend, aa far as in us lies, to soo that justice is done pro or con. Columnist andris Advantages-Nu. M. Yesterday, wo took occasion to pass in brief review the principal merchants in Columbia, aud to alindo to those into reeta moro especially mercantile. Beforo passing on to other interests, we desire hero to moko thin point: That it is im? portant for merchants, UH middlo-men, to understand their position-their atti? tude towards tho agricultural CIOSH and other producers, and to not accordingly. Thoy expect to receive a liberal home patronage, and they ought to get it. To keep our money at home, and to spend it bore, rather than at the North, is very desirable and advantageous to all; but to encourage thia idea, tko* middlo-men must bo liberal and not be too exacting. They must bo satisfied with reasonable profits, and not make haste to be rich. To exact too much of farmers and other homo customers, is to drive them oft* to foreign markets; and, further, it is tanta? mount to tho policy of killing the goose that lays the golden egg. Wo commend, therefore, to our merchants-all-the policy of a liberal^ spirit in trade, aa a mode of boiping themselves, helping the buyers, and promoting tho mercantile development of Columbia. We come, now, to review Hie rnunu faoturing interests of this rising oity. And hero, let us remark, that it is upon these that we expect tho prosperity of Columbia mainly to reat. It is iu this department, that we possess rare advan? tages, present and possible. Ju tho de? velopment of tho Columbia Canal-abont which the delay is getting to be a sore point with tho citizens-we have a bril? liant future opening before us. But, outside of this, thure is now not a little doing in the line of manufacturing, in iron, wood, brass, oil, leather, cotton, &o., ka. There, near Ibo Greenville and Columbia Railroad, and down in the valley, stands tho Columbia Tannery, of Messrs. John Waties & Co., where, by the most improved methods, is carried on tho interesting process of converting into leather tim hides and skins of the bruto crcatiou. Those proprietors have brought steam and machinery into play, and their frequent shipments of leather i ia tho rough, show that a good work is going on in that busy hollow, hard by the cemetory. Loug may that banuer wave, for we raised it, and then passed it over to its prosont hands. Next, we refer to the oil will. 'Ibis enterprise hes passed i uto now Lands. Under the new* auspices, we rm ve reason to believe that tho work of utilizing oar cotton send, right in the oentre of the production thereof, will bo carried on profitably to ther company and advan? tageously to the public. President McGniunis, who bas been, financially speaking, a very successful man, and who is considered prudent and sagaoioas and long-beaded, is tho managing bead, as? sisted by a board of directors who are good men of business and of public spirit.' We come now to the foundry of Messrs. Shields & Glaze, on the hill. This is an iroii foundry in full blast. The management is in the hands ot Mr.. George A. Shields, one of our most re? liable citizens-a brave-boarted, right toned, upright, hard-working man, whose honest face we like to see, and whoso mu se ul ur grip .we like to feel. He deserves success and ia winning it. Near by, nenrer tho railroad, is the kindred establishment of Messrs. Gold? smith & Kind. Here wo have another of one of the most industrious workers we know, iu tho person of Mr. Kind, au iron-cast mun, all bone and mas?le, with not au ouuco of superfluous fat. Ho is seconded by the out-door energy and persistency cf bia partner. They do ? largo business. Not far off is tho similar establishment of Mr. John Alexander, where the Scot Highlander, McDougall, works-a man fashioned after tho mould of Messrs. Shields und Kind, and worthy of a good and kind word from us. As l'or tho pro? prietor-tho present Mayor-wo will say, that wu huve no donbt but that be is a far belter foundry-man than Mayor. If not, we pity him. But Mr. McDougall will keep him right in the foundry, and we hall look aftor him in tho mayoralty. Next, we refer to tho City Machine Works, of which Mr. K. Tozer is hoad. Ho iu well known aa nu cflioiuunt ma? chinist. Near by is the boiler-makiug establish? ment of Mr. John Kyull, u good aud in? dustrious worker. Tho plauing mill and door and sash fue to ry of F. W. Wing deserves especiul notice. We refer also to the kindred establishment of Howie & Allen. Nor must wo omit, iu this connection, the gin establishment of those distinguished gin-makers, tho Messrs. Morris. Not must we fail, iu connection with workers in wood, lo allude to the furniture making establishments of Messrs. Berry und Fagan, and to the several steam uaw mills in the vicinity of Columbia. We have also iu Columbia the carriage depository of Mr. Greenileld, and the line carriage factory of Carroll & Spell? man, anti the blacksmith and wheel? wright shops of Messrs. Skipper, HUB sung, Motz, Ferguson & Miller, Wright and others. In thu broom department, we refer to the new establishment of the Messrs. Peixotto .v Co., who are now manufac? turing u new nod improved style of broom, which wu have teated and lind excellent. Tho establishment of Mr. Finnier merits notiue, as here is made that new gas machine of Messrs. Plumer & -Ri? chard, which is making headway in New York, and getting ahead of all competing gas machines. The several brick-yards nour the city supply the city with a goud article: and not fur from Columbia is the pottery and juggory of Mr. Luudruin, a skillful worker. We may also claim, as a Columbia in? stitution, tho Saluda Factory of Messrs. Childs, Johnston -V Palmer, whero tho conversion uf tho raw staple of cotton is expeditiously, largely und profitably con? verted into yarn. lu our notico of tho grocers of Colum? bia, yesterday, wo omitted to present tho narnu und atoro of that deserving citizen and ex-Confederate soldier, J. S. Campboll, and of that workiug Irish? man and old soldier, Stephen Sheridan both worthy of a place iu the picture, near Ihe flushing of the dimes, na they were once near tho flushing of the guns. Our energetic and skilled follow-citi zeu, P. W. Kraft, will mannfuotore as well as repair anything iu the way of guns, besides hooping lock?, etc., in first rate order. lu addition, he keeps a bakery, confectionery and toy establish? ment. i In tho Supremo Court, a unanimous decision was rendered that tho laws by which tho taxes are lovied in sumo States upon commercial travelers aro unconsti? tutional, being opposed to thu clause which doclares that citizens of oaoh Stato shall possess nil the privileges and immunities of citizens of tho several States. Nor must we neglect to briug forward the shops of tho Charlotte, Columbia and Augusta liailroad, whore there is much work done iu wood, iron and brass, aud in locomotive repairing, &o. And thus we might go on nod refer to I those who make cloth up into suits, und to those who manufacturo bread, bou neis, and to tiloso who make flour aud meal, und to those who make shoos and boots, and many other ilungs. But enough for this article. To morrow, we shall refer to other interests in Columbia that merit our recognition. Wo have suggested enough to slum that already the manufacturing interests of Columbia aro considerable. They are, however, bot in their infancy, and we expect to live to seo a largo development. As the centre of the State, and the centre of a number of converging railroads, Colum? bia has rare opportunities for sending out her mann foci ii rod ned other pro duotg. r <. -..'J . ..? -If" . v.. . .. . THE UNITED STATES OOUBT, THURSDAY, January 4, 1872.--Tbo oom t mot at ll A. al., Jadgea Bond aud Bryan OD the bsnob. BIr. Gkamberlt?iu replied to the an? swer of Gol. MoMaster to the rule to show causo why his name should not. be stricken from tbo roll of attorneys in the United States Oourt for contempt, and the argument thereon, made by F. W. Fiokling, Esq., yesterday. He said ho did not conceive himself as appearing as an advocate iu the case, and felt conti deut that all who knew him would acquit him of being prompted by any. .spirit of acrimony or personal dislike ! against tho gentleman upon whom the rule had boen served, for he entertained no other feelings towards him but those of. kindness and respect. It was no grateful task to him, and was performed simply as a disoharge of official duty. Tho facts of the oasc, Mr. Chamberlain thon wont ou to soy, are not disputed. Tho court inquired of Mr. MoMaster if be knew the whereabouts of his client, Dr. Avery ; tb whioh Mr. MoMaster re? fused to reply. .Tho oourt then inquired of Mr. MoMaster, if be had held any communication with his client, relative to bia departure, before his absence whioh inquiry also Mr. MoMaster refus?e to answer, and the oourt baa ruled thai he Show causo why his name should not be stricken from the rolla of attorneys o thia court, for the contempt committee by such r of usai. It is DOW held, saic the speaker, by the counsel for thi respondent, that the mere refusal to an swer tho inquiries of the court was n< proof of Mr. MoMaster'a complicity ii or knowledge of the eicape of his olient and that evidence aliunde must be ad duced to sustain such a charge. But t< my mind it seems a natural and inevita ble conclusion, from his declining b answer, that bo did have some know ledge of tho whereabouts of Dr. Avery and bad communicated with him on tb subjeot of bis esonp>. prior to bis leaving If that be true-it' Col. MoMaster di have suoh knowledge, and refused t disclose it to tho court-lhere appears t ! me but one possible grouud upon wbic he oan escape tho punishment threat ened under this ruin nf tho court, un that ground is, that bis iufurmutio came in the way of a privileged coratm nication from his olient. Wo should r< member now, io tho lir<*i pince, tn viev ing the question in this aspect, that n attorney is an officer of the court. Hot over far our own and popular opinioi may have erred in this regard, we ni always as much officers of the court, an concerned in the duo administration < law und vindication or justice, us m your Honors, tho Marshal, clerk, or an other servant of tho law, uud any der liction of duty on our part is a pulpab violation of law. Tberoare, it is true, certain commun cations of a client to bis attorney, wi tic the' latter ought not, und cannot, di close. An attorney may not disolo any communications which his elie' may make to him, for purposes of h defence, or to obtain advicu as to h legal rights or liabilities. Tho questa is, was tba communication of Dr. Ave: to Mr. MoMaster of this nature? M MoMaster was Dr. Avery's profession adviser iu his defeuoo against a char, of violating the Act of Congress punis ing conspiracy to intorfcro with ti privilege of voting. Can he in any w be said to be defending bim in his pi fessional capaoity, when be colludt aids, or advises him in escaping frc the very tribunal before which he b been engaged to defend bim? The pri legos of tho relations of a olient to 1 attornoy are iudeed very broad; but tb nover conflict with tho attorney's du to tho coort. Tkny may cover, as Grce leaf lays it down, every communicati made to-obtain professional aid und n vice, as to thu rights and legal liabilit: of tho cliuut, what defence- is to made, what evidence is lo bo in trod uc or exoluded, or what considerations r to be addressed to the court; but sun it could never bu intended that snob ( and advico OB an attorney may give 1 olient under thu bonds of professioi secrecy, includes, ns is claimed hero, i and advice to a client to escape from I very position in which bia attorney I professionally ungaged to defend bi Such counsel ns that to a client she that tho hour of professional advice 1 passed; that tho attorney has uxhuncl all the moans that his skill, exponen ! oregon ni ty could suggest as u legal < j fonce, and bo bids bis client look now bis own snfutj . Ono of tho ground? exception giveu by Greenlea! to tb privileged communications from a clii to his attorney, is where a oommnni tion, though given to AU attorney wh engaged professionally, has no referei to tho execution or performance o professional duty. This is precisely case here. It was a communication fr Dr. Avery seeking advice in un alten to act in defiance of thu court, and escape beyond tho reach of justi Only tho just nud logul rights of ] Avery were io the koepiug of I MoMaster, which rights wore thoso 0 fair trial, the cross examination of > neasey, the production of tuHtimony bis own behalf, and all thu other ii dents of a properly conducted judii investigation; but they do not extent an evasion of the operations of the li or tho defeating the ends of justice; 1 if the conduct of Dr. Avery hus boon evasion of tho operation of tho law, defeat of tho cuds of justice, thou 1 MoMaster iu so advising und refusing answer tho inquirios of 'ho coi directed throats, was nut acting in discharge of a professional duty, but open oontempt of the court, and is bia to its severest per-.ilties. Mr. Chamberlain was followed by j Corbin. Hu said that be would but ? a wor<! to what hud been so ndmirn presouted by thu attorney. It was ways disagreeable to animadvert U tho conduct of it brother member of bar, for their intercourse was no freq 11 that it wuH highly desirable that t should sustain friendly relations to another. Bul they sustained, also, n lotion of trust and fidelity to the co and it was n duty that the legal fruto ty owed to the court, to themselves to tbo community to sustain their t. character; and when a mombcr si aside from tho pall? of right, it beco our duty, though a painful one, to diuatu our high avocation from all t or suspicion by casting aside tho worthy brother. Hu thou wont on tu that it was a necessary inference dr from the refusal of Mr. MoMaster tu swor tho court, that ho did kuow of whereabouts of his client, and bad ! communication with him before be that be had refused to answer for a ; pose, ami for the obvious purpost screening and aiding thu escape < felon from tbo merited puiiislunoii the law, and bis conduct could no considered in any other lip.ht than in highest degree a contempt and defiance ol the court. Iio described the relut ions between the oonrt and tho bar as those ol truBt and confidence. The oonrt said be relies n pou the honor and integrity of the practitioners, and overy violation of its. o?nfideuoo waa in oontempt. He spoke in commendatory terms of the oouduct of Mr. Wilson, in promptly and politely informing the eonrt whut he knew concerning the absence of the pri? soner, and deuonnoed that of Col. MoMaster as unbecoming ony honorable Sraotitioner of tho court. Snob cou uot, said he, if it does not meet the pu? nishment of tho court, will certainly elicit the indignant condemnation of the community. It is a common accusation t by the masaos against the legal fraterni? ty, ho said, that they were habituated to acts of obioanery and petty and disbon orable devices to attain their ends, aud he hoped the court would not give cause for snob ' oharges by failing to punish t guilty offender. Mr. John Watios. counsel for Col MoMaster, closed tho argument. H< said: MAY IT PIIKASK YO UK HO NO UH: Tin question for your consideration hore i one of grave importance, indeed, to tb' respondent. Bat, reaching in its conse queuces- far beyond tito individual am far beyond tbe present honr, it concern every man in this chamber-every ci ti zen of this commonwealth-aye, of th whole civilized world wherever courts c justice exist. - It concerns myself, an all others of the legal fraternity, as al torneya and offioere of this court, s deeply, if not as directly, aa it does tb attorney now obarged with contemp and it concerns every citizen aa deep] or moro BO than it does the mombers < our professiou. It i u vol vea the d?licat responsible and confidential relations < attorney and client, tho power and ai thority of the benob, and tho rights, di ties and privileges o? tho bur. The s lotion of this question is now presente to the court, and il is for yon to-day I decide, may it please your Honors, n only tho oase iu bund, but to declare ai define the rules which shall hereaft govern tho hitherto sacred relations oliout und attorney. It is ou account the magnitude of the issues involved, well ns in support of tho return to ti rule, and in vindication of the oourso Col. McMustor, tho respondent, whom tu part rep retient, i h LIL I ii ii vu to ask i indulgence of tho court whilst ondeavi ing lo express my views. And, may pleaso the court, I propose to di6ci Ibis subject as far aa possible on Ie? grounds. My first aim will bo to shi tho sufficiency uf tho return to the ru What dona Ibo rule require? It t mauds, first, that be show cause "w his narnu should uot be stricken fn the rolls of attorneys of thia court ! contempt, for refusing to state to I court the whereabouts of his clicut, 1 ward T. Avery, for whom bail had tn takeu at the request of said MoMaslc How does respondent reply? F ii be utterly disclaims und denies any teution tu show disrespect or conten to tho court by his refusal to unsw His disclaimer, maj' it please your I nor?, ought of itaelf to go a greut way purging him from any contempt; ai doubtless, thu court is satisfied lhat at least intended noun. But this respondent justifies his l'usai to answer upou the broad grui that the court bad no right to demand answer; or, in other words, that oourt hud nu right to put the queuti And that, if there waa no authority the court tu demand au auswor, certui there was no ouutuuipt uu his part tu fuse lu give one. Now, before discussing tho legal rie of the hench and bar, let us first pose of this question. Suppose, for sake of argument, that the quealiuu \ puunded was legal and legitimate, that tho respondent honestly belie thut it was nut, and Hint ho was jnsti in refusing to answer, would y Honors bold him iu oontempt for a error in judgment? Will this court any other court, strike from ila roll attorney who honestly and cousc tionuly acts fur tho best interests of oliout, even though tho court slit hold that he wus mistaken ns to his ri j and privileges? Surely not. Yet, find this respondent guilty of co?ter your Honors mu?t hold., first, that court was authorized to demand of I as nu attorney, un answer to tho q tiuu; f-eeond, that un honest errui judgment un his part was no excuse bis refusal to answer; third, that highest and first duty, ns au nttor was not to his oliont; and, fourth, he was not honest aud eouscieution discharge uf his duty to his client. Now, us tu tho right of the cour demand an answer to the question, what principio cuu the court claim right? Is it uot'contrary to priooi Is it uut tho province uf the cour prevent au attorney from disclosing secrets of his clicut, . at her than ti duce bim, ur, worso still, to furce to disclose them? What does Mr. Qi leaf Bey on this subject? I read fr? Green leaf on Evidence, pngu 331 : "^ bo has learned us oouusel, solicite attorney, he is not obliged or perm lo discluuu. Il is u rule of law for tection of client." Aud yet hen have tho court demanding of au attc tho whereabouts of his client-n which said attorney could only learned from said olient, and a fae was not only nut obliged tu disclose was not permitted to disclose. A ou page 332: "Tho privilege is tho | lege of tho olient, not of tho alton And again, in a noto iu Greenlea find Lord Eldon saying: "1 take it olear that no court would permit r tornoy to disclose his client's seoi A abort way of preventing bim ( were willing tu du so) would Ix "striking him off the roll." The remedy which Lord Eldon \ apply tu restrain an attorney divulging his clieut's secreta, the would now apply to force him tu CIOKO. Mr. Grocnleuf again says at 331): "The seal of tho law (sileuoe) Axed upon him (attorney) remains ovor, unless removed by tho party self, in whoso favor it was placed, not removed without the cliunt'i sent, even though tho interests uf < nal justice may seem to require Un duction ol the evidence." If Hies thu law was placed un Col. McMc lips by his client, il is there si must remain there forever, unie moved by the client himself. Tho will Heep it there. As Lord Eldon "they would not permit him tu r< it." Aye, may it please your Hi tho court would keep it there, though the interests of criminal j may seem to require thu prodnoti tho evidence." Better, yes, beth that the interests of criminul j should suffer, than that thjs nil' btw nf professional coufldonoe be counsel and oliout, should bo weal degree. Now, may it please your Honors, thin argument bas all been bnsed upon the hypothesis thut tho respondent, Col. MoMoster, di?! know ot bis client's whereabouts; and that ho knew uf them from information confidentially reposed I in bim by his oliont. And wo think that eveu upon this supposition he was fully warrauted in not answering. If he was not worrautod, iu thu opiniou of the court, was he not ozonsublo for bolieving that ho should keep bis client's secrets? Had he not abondant authority for be? hoving so? Ami, BO belioving, and BO re? fusing, has ho been guilty of snch con? tempt aa will cause bim to be "?trinken from the roil of attorneys?" Has he been guilty of any contempt nt all? May it please yonr Honors, it wau a deiicaie position for the respondent. Fut your? selves, any of you, gentlemen of the bar, "put yourselves in his place." If your client bod entrusted to you secrete, per? haps, before you were aware of the na? tara of tho communication, would you have disclosed them? Will yon, in the future? For myself, I answer that if ever I am to be stricken from the roll, I hope and pray it may be for just snob. cause as this; where an honest, upright and brave man had rather sacrifice him? self, if need be, than forsake or prove false to his client. The second causo for contempt is that the said MoMaster "refused to state to the oourt whether he had any communi? cation with said Avery, (his client,) touching his absence, prior to his de? parture." The whole argument that applies to one question will apply to the other. If Mr. MoMaater had any oom mnnioation with his client, it waa privi? leged; and if it waa privileged, the attor? ney was warranted in refusing to dis? close it. He waa warranted in refusing, "even if the interests of criminal justice seemed to demand it." He waa forbid? den to disclose it by law, and would have been in contempt, if he did so. He would or should have been "stricken from the rolls" for so doing. And he ought to have been, had he done so. But this argument, too, goes upon the hypothesis that Ooh MoMaater had com? munication with Avery. Snppose he did not have any communication with Avery; wonld the mere refusal to answer bo any sufficient ground to "strike him from the roll?" Arg?Lue?t upon thia point need not be repeatod. It waa plainly shown yesterday, by the leading counsel for the respondent, that nothing but moral or professional misconduct wonld warrant euoh au exercise of power. But the re? spondent is not charged with either. He is simply called on to answer the rule. The rule only charges him with contempt for refusal to answer, or to make certain statements, and threatens to Btrike him from the roll, unless he shows cause for his refusul. He has answered the mle. He bas disclaimed any oontompt or dis? respect; has shewn that he believed he had a right to refuse to answer; has shown that he could not have been com? pelled to answer. And he cannot be stricken from tho roll for mero contempt, even if the contempt were proven; and he cannot bo stricken from the roll, under the rule, on any other ground, because no other charge is made against him. But the prosecution go outside the role in their effort to non viet. They con? tend that Ool. McMaster'B refusal to answer showed his oomplioity in aiding Avery to escape. In the first place, it is denied that there wau an escape by Dr. Avery. He was froe to go whero he pleased. He was out on bail. He was in oharge of no officer. There waa no ? imprisonment at tho time of the escape. He was set free by tho law. Again, Col. MoMastor, neither as an officer nor as an individual, had him (Dr. Avery) in his custody, and could not be connected with an escape, if there was no escape. Again, Dr. Avery was not guilty at that time of any crime. He was not con? victed. He wau innocent in the eyes of the law nntil oonvicted. He. has since boon convicted, but may still be inno? cent. His counsel may have believed bim, did believo him 'so, does believe him so; and so belioving, could not, even if upon trial, be convioted, unless it were proved that he was aiding a crimi? nal. No affidavits are necessary to prove Gol. McMaator's respectability. He has acted throughout this whole matter as became an honorable man and a worthy attorney of this court. He has nothing to blush for, nothing to regret, nothing to retract. He can well say, with Luther, when called on to recant before the Diet cf W?rms, "I cannot and may not re? cant, because it is neither safe nor well advised to not in any way against con? science. Here I stand. Gold help me. I cannot do otherwise." PoiiiTiCAi* CHESSMEN.-At the exhibi? tion of the Art Association of Munich there was displayed a curious set of chessmen, carved by an emineut sculp? tor. The principal pieces represent, in figure and face, the lending characters of France and Germany. Tho rival kings are tbe Emperors William I and Napo? leon III, and tho queens are the Em? presses Augusta und Eugenie. The other principal pieces oro statuettes of Prince Frederick, Bismarck, Von Moltke and the prominent German gene? rals; wbilo Thiurs, Gambetta, Bazaine, and other loaders, are on the French side. The pawus consist of Uhlans and Ger? man light horse, who uro opposed to Turcos and members ut the Mobile Guard. Thu two castles on tho Gurman Side stand fur Rastatt and Mayence, while those on the French Bide stand for .Strasburg and l?eia. I?> ?5 Suggested that, although theso chessmen may be valuable ns souvenirs of tho Franco German war, yet they cannot bo usod to advantage in thu mimio game. For, as when Hercules und Eichas play at dice which is the better man, tbe greater throw may turu, by fortuno, from the 'weaker nand; so in a contest between equally-matched chess players using this Franco-German net, the Gorman pieces may be captured, ami tho Emperor Wil? liam driven iuto a corner mid chock mated . lu WilkoH Conuty, N. C., rccontly, whilo two tuen were guarding a third who wau crazy, the guard fell asleep. Soon after, one of thom was awakened by the flumes that enveloped thu room, anti discovered that his companion had bcou killed by tho lunatic, wbo refused to loavo tho burning room, and with the oorpse of his victim wits consumed with the flames which destroyed tho building. The uninjured person barely escaped. A few nights since about thirty of tho most respectable ladies of Medora, III., proceeded to a low shop near the depot in that village, and demolished all Ibo glasses and bottles in the establishment, and emptied tho whiskey aud cider ou tho floor. CITY MATTEH?.- The price of sis copies of the PHOENIX ie five cents. A complete outfit, with the exoopti of a press, for a country paper is oS? for aale at a very low rate. Partie^ can be obtained at PHOJNIX office. The PHOENIX office is supplied wituj necessary material fox as handsome cal bill heads, posters, pamphlets, hand-bl ciroulara, and otbor printing that maj desired, as any office in tho South, fl us a call and test our work. ' The Legislature re-assembles in { State Capitol this evening, at 7 o'ctoo Our townsman, A. Y. Lee, Esq., I I received th? silver medal awarded 1 I by the Cotton States Agricultural &t ety of Augusta, Qa., for his special of architecture. It is tasrasai v* teeni ?ulai. I We learn that Colonel Tbot has resigned his. oonneetiou as Vj President and Direotor with tbe^ zens' Savings Bank of Sooth Carolin he having assumed other and pres! duties. Messrs. E. W. Seibela & Co. offs; private sale a large amount of value real estate, to which attention is iuvil Colombia is bound to be a large and. portant business city, aud moneyi vested in real estate will oertaiulyj orease four-fold. After the 10th instant, pausen! trains ou the Wilmington, Columbia) Augusta Railroad will rna ma Colina and Angosta. Freight trains are i running through to Augusta, niau close connection. Mr. J. D. Bateman will accept ? thanks for a fine large bass. He ke fresh fish on band constantly. PHONIXIANA .-The State of Sf Carolina seems to be emphatioallj "bonds." By the time the bonds, deral aud State, huve done theirlsj she will havo suffered much. Foi uatuly, it ia hurd to kill States, where citizens have faith, hope and pluck. I The nakeduess of the indigent w<j might be clothed from the Irituuiiugd the vain. j Thu moat useful tbing iu the long -Breath. 1 The Galaxy-thu ile- urvedly proa! ous* monthly magazine, published' Sheldon A- Cu., G77 Broadway, 1 York--baa c ulered on the seventh! of ita existence, aud shows, by ita I spectua fur 1872, that ita publishers not intend that it shall lose its posii os tho most attractive monthly mogas published iu the United States. Foe hiding aunt ci $1 a year one may obj in the Galaxy a vast amount of lusts ive aud entertaining reading. Iii magaziuo worthy of the times audfi people. - People may sometimes wear out fl welcome by staying away too longs] their friends, UH well aa by viuitiog tl too frequently. ' Silken bouda of malrimouy beet iron chains to bind and chafe uufdj nate coupler, if over they cease to h The greatest uotmeg ever known with u uniter. Tho your just commenced is wh generally known OB Loap Year-Ft' ary having twenty-nine days. It ia of the years in which the calm, con olive order of things ia supposed t< over-turned very violently, in which lad i e.? aro supposed to lay aside t coquotry and tho privilege of aa] "yes," aud to assnmo the delicate]? oriminatiug task of . selecting their! husbands. ! Tho preparations for the drawn] the Academy of Music prize sot which is to come off next week, steadily going on. The drawing wi gin, it is understood, at 8 o'clock morning of Monday, the Sib instant will take place, in full view of the nj lio, cn the stage of the Academy iii Of course, nono but ticket-holders | bo admitted. Booms have been engsj at the Mills House for Gena. Bradlej Johnson, of Maryland, and A. j Wright, of Georgia, who are amongi supervisors of the drawing. ^ Hunt EMU CouBT, THURSDAY, Janu 4.- The court met at 10 A. M. Pros' j] Chief Justice Moses and Assoc ia ti tices Willard and Wright. F. J. Caldwell, appellant, vs. il Whtlner, executor, " respondent. ?l'| Fair was heard for appellant. ThV ther hearing of the case was then tinned, to allow appellant's counsel ,* J to complete record. Barrister Allen, appellant, PS. Jal J. L\ Partlow, respondent. Mr, Thoj son was heard fur appellant; Mr.f thrall for respondent ; Mr. Thompsofl reply. At 3 P. M., the court adjourned Friday, January 5, 1872, 10 A. M. MAH. ARRANGEMENTS.-The Not mail opens at 3.00 P. M.; closes1 A. M. Charleston day mail opens P. M.; oloaee 6.00 A. M. CbarJ night mail opens 0.30 A. M.; cloe?1 P. M. Qrcenvillo mail guinna ii. M.; closea 0.00 A. M. \Vesten opens9.00A. M.; ohsseal.30 P. M| ?i oday oflloo opon from 3 to 4 P. LIST OF NEW ADVKIITIHKUKNTH 1. Snlzbaoher-Notice, ?lames Douglas-Pon?ale Collego.j Rooms to Rent. E. W. Seibles & Co.-Private Salt W. C. Kirkland-High School. THE WOKKS OP AKT AT PRIX* LAST DAY.-The beautiful pi( ch aol Angelo, Ronbens and their studios, Faith, Hope and Cual America, Euglaud and Frauen, andi balance- of objoinos and engravings! be offered at pei vate sale, to-day, Fr*i foi the last time Call and you wilf a bargain.