Historical Newspapers of South Carolina

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COLUMBIA. S. C. Saturday alor nine. August 31,1872. For President of Ike United States, HORACE OUBELBT. or New York. For Vice-President B. GRATZ BROWN, or Missouri. Tit? Death Penalty. There ia but one excuse, or rather justification, for the i u iii uti ou bj Bociety .of tho death penalty-which ?B its ncoes -sity, in order to the suppression of grave orimes. Of its necessity or virtue, iu this respect, there is a little difference of opi? nion among even civilizad people, and the maudlin humanity of some lead them BO far as to douounae oapital puuisbmeut altogether. It is, however, we believe, the universal law of the world, where ?there is any semblance of government at -all, that he ivho commits murder shall euffer death. Society everywhere de .mauds that extreme penalty for its own protection, and we believe that society is xight. Tho fear of the hangman's rope does deter many a blood thirsty villian from oarryingiuto execution his murder? ous purpose. Those who believe this .cannot but feel that the execution of the two negroes-Bill Lucas and Ed. Harris -yesterday, is not to be regretted. There have beeu many dark and brutal murders in our County within tho last ono or two years, aud not a guilty wretch has before been brought to justice. It has come to be considered really unsafe to go out alono iu certain sections of the i doun ty. Some example, therefore, was necessary to be made, aud wo presumo that no moro fit subjects could possibly ba had than tho two mon who were hung yesterday. Tho case of Lucas was a clear one of wilful and malicious homicide; that of Harris was worse still-for it was inspired by a sordid greed for a few dollars which it was thought that Pat. Murphy, au old Irishman, possessed. There were two .other negroes with Harris, and they -could certainly have accomplished their .iutended robbery without murdering the deerepid old man. Tho sentence of Butler Johnson, one of the accomplices of Harris, the Go? vernor baa commuted to imprisonment for life in the penitentiary. Jiukius, the other partner to the bloody deed? and probably the most active agent iu the murder, has not yet been found. It is to 'bo hoped that the awful spectacle pre? sented yesterday may have a wholesome effect upon evil doers. A former resident of Arizona, who is thoroughly familiar with the so called .diamond regions, asserts that Arizona .diamonds are nothing more than peculi? arly brilliant quartz crystals. Of these he has repeatedly collected lurge quanti? ties, for tbe amusemontof the little one? of bis ueq.iuintance, among whom he has ians lavished incalculable wealth-pro? vided quartz crystals and diamonds aro synonymous. Even were the extrava? gant stories of the mineral wealth of Arizona to bo literally trae, it would be madness for auy one to attempt to reaob tbe diamond regiou except in company with a well armed and abundantly-pro? visioned curavan. The country is com? pletely barren, und swarms with hostile BuViigea. If any man wishes to risk his -health aud waste his timo iu digging for -diamonds, ?South Africa oao be reached by him much more easily than Arizona, aud in South Africa it is certain that dia? monds have boen found, however few and far betweeu such lucky discoveries may have boon. NABKOW GAUOJS -A meeting of the -Carolina Narrow Gango Railroad Com pauy was held at Lincolnton, N. C., on -the 27th iuot. Chester and York Coun? ties of this State, aud Gaston, Lincoln und Catawba Couotics, N. G., were re? presented. The stock, as required, wa3 fully represented. Organization was completed by the ohoioe of P. H. Dave? ta, of Chester, S.O., for President. The following named gentlemen comprise the Board of Directors, viz: B. F. Wheeler, Yorkville, S. G.; J. T.Smyer, Gaston, N. C.; W. D. Metz, Lincoln ton, N. 0. ; and A. G. Ford, Catawba, N. G. E ich County's delegates were instruotod to pledge the company to oarry the road through the Counties named. The road will be 100 miles in length from Chester, in this State, to Lincolnton, N. G., and present prospects of completion .aro very flattering. v> As ACCIDENT AVERTED.-When the train from Columbia for the city was within ?ix miles of Branchville, on Wednesday morning, the trestle work -over the ravine was discovered to bo on fire, and also the undergrowth in the vioinity. The engine was stopped and tho Uro extinguished, which had partial? ly burnt some of the oross ties, But for the discovery of the fire in good time, the train might have mot with an acci? dent resulting Boriously. Whether the fire was incendiary or accident is un? known.-Charleston Courter. We regret to learn from tho Abbeville Medium that the Hon. D. L. Wardlaw was struck with paralysis of the right arm and leg, on Monday last. The dis? ease is only partial, and strong hopes are entertained of the Judge's speedy re? covery. The North Carolina apple crop is so abundant that in Orange County, the Hillsboro Recorder says, thousands of barrels are loft to rot on the ground. A Deoreo In Reference to the Recording of Lott Mortgage*. I We print tbe following deoree of bis Honor Judge Graham, as a matter of in? terest to the bar aud pablio generally: Joseph D. Taylor, Trastee, and Rosa A. Baoot, vs. M. E. Hutchinson-In the Common Pleas. DECREE.-This case comes up on ex? ceptions to tho report of the referee, to whom it was referred, with instructions to report the amount due on tbe bond of tbe defendants, with leave to report any special matter. The facts of tbe caso, as reported bj tbe referee, and agreed to by the parties, are as follows: On the 16th daj of July, A. D. 1860, M. Edward Hutchinson and Josiah J. Perry, of Col leton County, (then Distriot,) executed to Joseph D. Tajlor, trustee of Rosa A. Bacot, thoir joint and several bond, in the penal sum of $2,000, conditioned for the full and just sum of $1,000, to be paid in three equal annual installment?, with interest payable aunuallj. To se? cure the pajment of the bond, the said M. E. Hutchinson, on tho same daj aud year, executed and delivered to the said Joseph D. Tajlor, trustee, a mortgage on the house and lot in Summerville, the subject of this suit. This mortgage was given for the unpaid portion of the pur? chase monej, and was duly recorded within tho proper time in the office of tbe Clerk of the Court of Common Pleas, for Colleton County, at Walterboro. Afterwards, to wit, on the-daj of -, A. D. 18G-, tho said office was de strojed bj fire by tho act of the public enemj, and with it all the papers and records therein kept. The original mort? gage itself being still in tho custodj of the Ciork, and unreturned to tho plain? tiffs, was also destrojed bj fire. On March -, 1869, one William Mejer obtained a judgment in the Conrt of Common Pleas against M. E. Hutchin? son and J. H. N. Hutchinson for $306, with interest from March 15, 1869. Tho judgment was obtained on u note dated April 21, 1867, aud without notice of said mortgage. Afterwards, to wit, on the - daj of -, A. D. 1871, the plaintiff, Joseph D. Tajlor, trustee, filed his petition, to come in under tho in? formation of tho Attorney-General, filed in accordance with A. A., 1865, "To per? petuate testimonj in relation to deeds, wills, ohoses in action, and other papers and records destrojed or lost during tho recant war," and the amendments there? to, proved his mortgage and the destruc? tion thereof, and had a substitution made on the record. The question of prioritj is made upon this statement of facts between the judg? ment held bj William Mejer aud tbe mortgage as substituted bj Joseph D. Tajlor, trustee, in the manner and iorm stated above. The sase waB referred to G. Herbert Sass, Esq., as special referee, who reported in favor of tho prioritj of the mortgage, on the ground that the mortgagee, having complied with the provisions of the Act of the Legislature, known as tho Aot of 1813, and having recorded his mortgage in the proper offioo within the sixtj dajs required bj said Act, acquired thereby a valid and subsisting lien against subsequent credi? tors, without notioe, whioh ic was not in the power of the Legislature to impair or defeat bj any subsequent legislation. To this decision of the referee, the judg? ment creditor excepts on the following grounds: "I. Because his conclusions, if cor? rect, will deprive tho judgmeut creditor of his prioritj, and put the mortgagee who had lost his lien before, and when the judgment wus obtained before him. "II. Because tho judgment creditor's right to prioritj of claim was vestod, and the Legislature ?md uo power to di? vest him. "III. That the Aot was uot intended to apply to cases where lions had ut tached before it was passed. " This case tarns upou tho effect and validitj of the fifth ueotion of the Act ol the Legislature, passed on Septetnbei '20, 1866, at tho extra session of tba jeur, which section declares that "all in strumants in writing of whioh a recort or registry is required bj law, aud o which the record or registry has beei destrojed or lost, but tho original pro served, and tbe substitutes provided ii the said Aot (of 1865) for such origina iu case of their loss, shall be reoordei within six mouths from tho ratiticutioi of this Act. Otherwise, thej shall no prevail as liens against subsequent pur ohasers, for valuable consideration, no creditors without notice." (Stat, a Largo, Vol. XIII, pago 331.) This sec tion was amended at the regular sessioi of the samo jear, bj an Aot passed De oember ll, 1866, whioh providod: "Tba the time for re-recording, provided b, the fifth section of the Act of the Gene ral Assembly, ratified on tho 20th daj o September, 1866, entitled 'An Aot t< amend and extend tho operation of ai Aot to provide a mode bj which to pei petuate testimonj in relation to deed* wills, choses in action, and other paper and records, destrojed or lost during th recent war,' be?extended antil the 1st da of December, 1867." (Stat, at Larg? Vol. XIII, page 111.) There were, thert fore, less than fourteen mouths allowa bj tho Legislature for the re-reoordin of lost and destroyed records; and tb effect of theso two Acts was to divest an destroj the lion of all mortgages whic had beon dulj reoorded under the Act ( 1813, and whioh were not again place upon record during the said period < fourteen months. In other words, tl lion secured to tho mortgage creditor au vested in him, under the Aot of 1813, : taken awaj bj the Ads of 1866. Is thia a legitimate exercise of legisli tive authoritj? I am of opiuion that is not. When a mortgageo places h mortgage upon record, in accordacc with the provisions of tbe law nt tl time bis contract is made, he theret seoures a vested right, under the prote tion and guarantee of the State, wil which the State is pledged not to inte fore bj any subsequent Act "of me: legislative will." Rcoording is aoi struotive notice to all the world, and tl very sot of record raises a pr?somption of notice which, nothing can rebnt. The mortgage in this caso was for the unpaid part of the purchase money-one af the highest securities known to the law. By the common law, a creditor of this class had un equitable lien for his unpaid pur? chase money, whioh was a prior charge on tho property. This oommon law doctrino of the vendor's equitable lion has never prevailed in this State, be? cause tho recording Acts took its place. Tho moment that a mortgage creditor recorded his mortgage, under the Act of 1843, and iu compliance with its provi? sions, tho presumption of notice was established as against all the world, and this presumption is uurebutable. If Moyer, in this case, hud giveu credit to Hutchinson bp/ore the destruction of the records, and at tbe time this mortgage waa actually on record in the Clerk's ollico of Colleton District, there eau be no question but that ho would have boon a creditor with notice, aud having beeu thus once affected with uotice be could never afterwards have become uu nffeuted by the doetruotioo of records whioh wore notice to him at the time he gave his credit. In this casu, tho credit was given in April, 18(17. Admitting for the moment that the Acts of 1806 were good and valid Acts, still, even under those Acts, the time allowed for recording had not expired in April, 1867. It did not expire until December 1, 1867. This mortgage, therefore, was potentially on record ut that very time, even under tho Acts of 18G6. At auy lime betweeu April nun December, 1867, the mortgagee might have come in and set up his mortgage, aud his lieu would have been perfect. It is not, therefore, a sound argument to say that at the time Meyer gave his credit he did it on the faith of Hutchin? son-being in reality, as ho was in out? ward appearance, the owner of this pro? perty, and thut there were no records in existence at that time to show the re? verse. Even if the recording under the Act of 1813 hud not affected him indeli? bly with notico, which I think it did, still thero were sevou mouths yet tu como in which these very limiting Acts gave him no protection. It is precisely analogous to the case of a mortgagee who records on thu sixtieth day from the date of his mortguge, us provided by tho Act of 1813. If credit hud been given to the mortgugor during the two months previous, thut would be no argument against tho priority of the mortgage lien. Might not the word subsequent, in tho fifth section of the Act of 1S66, be reasonably aud jtibtly interpreted to mean subsequent to tho time there limited for recording? During that time, might not a rule of caveat creditor properly upply? And during thut time, waB not any one giving credit, by the very terms of tho Act itself, affected by tho implied notice of the original record? Moyer gave (Hutchinson credit in April, 1867, just as much at his own rink as if the records had been there, and he had neglected to examine them. But tho Acts of 1866 are open to the grave objection of disturbing and divust iug vested rights, and I cannot regard them us valid. At the time they were passed the whole State was in a confused und unsettled condition. A new Consti? tution was about to bo adopted under the pressuro of novel and disturbing cir? cumstances, and none of the ordinary machinery of Kociety was in ovon tolera? ble working order. In tho midst of this auomalous state of things, the Legisla? ture passed au Aot, whose practical effect is to declare that all rights of property vested and secured under the Act of 1813 shall be void nud worthless, as against subsequent creditors, in cases where the actual records have been destroyod, un? less tho instruments of writing, convey iug them, shall be re-recorded within tho short and inadequate space of fourteen months. lu this action the Legislature exceeded its powers. lum strengthened in this view by a case decided in the courts of this State, and reported in 1th Rich. Law Reports, p. 568. Watton anti Haseltine, survivors, vs. J. J. Dickerson. The case was triod before Judge Evans, ut Williamsburg, in 1851, aud his report to tho higher court was as follow*: "This was a rule ou the sheriff. Thc fuots wero these: On tho 30th of Ojtobor, 1819, thc defendant confessed n judg? ment to Hyatt, McBurney it Co., foi 810,758.13. A fi. fa. wus lodged with the sheriff of Chariest in on the same da v, and with the sheriff of Williamsburg on the 28th of March, 1850. On the litt of March, 1850, Walton & Haseltino re covered, at Marion, a judgment against Dickerson for $921, and lodged theil execution with the sheriff of Williams burg on the 20th of March. Hyatt, Mo Burney & Co.'a Jii.fa. was tho oldest but it was not lodged in Williamsburg until eight days after the fi. fa. of Wal ton & Haseltine. The sheriff had sole a lurga amount of the defendant's pro perty, but not enough to pay both, ant Walton & Haseltine claimed priority, be cause their fi. fa. waB first lodged in Wil liamsburg. Before tho Act of 1819, a fi fa. bound the property of the defondau in every part of tho State; but by the Act, the lien ia taken away, except ii those Districts whore the fi. fa. is lodged Hyatt, McBurney & Co.'a lien wu created before tho Act waB passed, was of opinion tho lien was a vostei right, whioh oould not be taker away b; mere legislativo will, and that tno Act re quired no suuh construction to bc pu upon it. Tho rulo was, therefore, dis missed." Tho Court of Appeals, ia deciding th case, said that it was not necessary t consider tho effect of the Act of 181 upon liens vested before its passage; ht cause the terms of the Act clearly poiul ed to future liens, and should bo con fined to thom. But tho court, throng Whitncr, J., said, "Whether it was corr potent for the Legislature thus to change abridge, or even virtually destroy, oxisl ing securities, admits of grave quostioi but we do not think tho terms of the At lead to its consideration. Cortainly th rulo is, that statutes should be so coi strued us never to mako them retrospect beyond tbeir commencement." (Bac. ?br. Stat, t?; Bl. Com. 45.) Laws seek? ing to aot on past transactions would in? variably work injustice, and courts are bound BO to interpret, if possible, as tbat wrong will not be done to any. Looking to tho terms of the Act, there are no words which refer to tho past ne? cessarily-all may bo seusibly construed without invading tho general principle. In fact, by its very terms, it looks to what is to be done in tho future by its provision "from and after the passing of this Aot." It is truo tho general words are used, "That no judgment shall have lieu," but taken io connection with tbe generul rule of construction, nud tho consequences that would result, thu true reading is, rather that no judgment hud, from and after the pussiua: of this Act, "shall bave lion." "From other legis? lation, and tho ruling of other courts, as well as our own in other capes, wo ure confirmed in this construction." Tho court, therefore, sustained Judge Evans, and dismissed the uppcul. In the present ouse, tho lien iuterfercd with is a much higher lieu than that of u judgment obtained in indium against a debtor. It is a mortgage for tho pur? chase mouey, a voluntary security for un unpaid debt, and it is entitled to the highest protection of thc law. It is ad? mitted that tho requirements of th? Act of 1813 were duly complied with. I aro of opinion, to quote tho words of J migo Evans, "that tho lieu was a vested right which could not be tukeu uwuy by mere legislative will." The exceptions are, therefore, over-ruied, aud thu report of tbe referee sustained. It it ordered thut the referee do pro? ceed to sell the mortgaged premises de? scribed in the pleadings ut public auc? tion, in the city of Charleston, ufter due legal advertisement, on the second Tuesday of November, 1872, upon the following terms, to wit: One half cash; the balance iu one year, to be secured by bond of the purchaser, bearing iute rest, with mortgage of tho premises, nod thut upon such sale all parties to these proceedings, und uti persons claiming by, nuder, or through them or nuy of them, be forever barred and foreclosed ol'and from nil equity of redemption in nud to the said mortgaged premiaos. And that out of the proceeds of said sale tho said referee do first pay tho costs and expenses of those proceedings, and next the amount duo upou the bond nf the said M. E. Hutchinson and J. J. Terry, to Joseph D. Taylor, trustee, piincipal and interest, as computed up to tho day of said sale, and the balance, if t?ny, be applied to the satisfaction of the judgment held by thc said William Meyer, und that the said referee do re? port his proceedings in tho matter to this court. (Signed) lt. F. GRAHAM. AUGUST 28, 1872. True copy : A. C. RICHMOND, C. C. C. P., Charleston County. No home! What a misfortune! How sad the thought! There are thousands who know nothing of the blessed influ? ence of a comfortable home; merely bu cuuso of a want of thrift, or dissipated habits. Youth spent in frivolous amuse? ments, leaving them at middle age, when the physical and intellectual man should be in its greatest vigor, enervated and without ono laudable ambition. Friends long since lost, confidence gone and nothing to look to in old ago but a mero toleration in the community where they should be ornamouts. No home to fly to when wearied with the struggles incident to life; no wife to cheer them in their despondency; no virtuous house? hold to give zest to the joys of life. All is blank, und thoro is no hope of succor, except that which is given out by the bund of private or public characters. Whan Ibo family of the industrious nud sober citizen gathers around the cheer? ful lire of a wintry day, the homeless man is seeking a shelter in the cells of a station house, or begging for a night's rest in tho out-buildings of one who started in life at the same timo, with no greater advantages; honesty and indue try built np that home, while dissipation destroyed the other. PEUSEVEKANCE.-If you wish to do good, do good; if you wish to assist peoplo, assist people. Tho only wuy to learn to do a thing ia to do it, and that implies, before you learn to do right you will do wrong-you will make blunders, you will have failures-but persevere, und in tho end you will learn your lesson, and many other lessona by the way. A street gymnast of Paris, known as Samson's Iron Jaw, whose specialty was to pick up weights with his teeth and throw them over hi:i head, raised a bar? rel with his teeth, and in attempting to dispose of it in the same way, fell dead with a brokon spine. CruTicAn POLITENESS.-A young QU thor reading a tragedy, perceived hisau ditor very often pull off his hat at the end of a line, and asked him the reason. "I cannot pass a vory old acquaintance," replied the critic, "without that civility." The Troy Press says: "Roborfc Lin? coln, son of President Linooln, ia strong? ly for Greeley. In conversation recent? ly with a bosom friend of his father, he remurked, 'if father was living, he would tako an active part for Greeley.' " A country; girl near Louisville has Icurued how to utilizo her father. When her "fellow" rides out to seo her, she makes the "old man" keep tho flies off thc horse during the visit. Tho Quakers will hold a national gathering at Oskaloosa, Iowa, Septem? ber 1, at which IU,OOO aro oxpocted to be present. Livingstono has been found again this timo in the market house at Wil? mington, N. C. And ho had to pay a dollur for it. Fortuno Snow, of Tonnesseo, is for? tunato to havo a grand-son sixty-five years old. Seventy new houses havo boen put np on Sullivan's Island since the war. Eiooal Itome. CITY MATTERS.-Tb? price of single copies of the PHONIX is five cents. Mr. W. J. Duffie, bouksollor, lias just issued, iu pamphlet form, "A Tribute to Hon. J. 13. O'Noall, LL.D., being a sum? mary of his Life and Labors. By Maxi? milian LaBorde, M. D." CopieB can bo obtained by mail, 8t twenty-five cents. Immense bill-boards have been erected corner of Richardson aud Tuylor and Richardson and Lady streets, on which aro portrayed attructivo show-bills, illus? trating the principal scenes enacted by tho Greut Eastern Circus Compauy; also, many of tho animals to be exhibited by this monster six-teut concern. The Bailey lot, on Lady street, near the Greenville and Columbia Railroad, is the only one in the city large enoogh to allow the tents to bo properly pitched. Our German neighbor, John C. See? gers, Esq., tets out a first-rate lunch every day, at ll o'clock. Tho Messrs. Swaffield are making ar? rangement to materially extend their busiuess. The rooms at present occu? pied by Messrs. Weam & Hix are to be added to their already extensive estab? lishment. Verily our bini ness men be? long to the go-ahead order. Mr. T. M. Pollock departed for the North, yesterday, to make tbo necessary arrangements for furnishing bi? hotel. The work on tho building is being pushed forward, aud it is pretty certain thut tho hotel will be reudy for occupa? tion by tho 1st of November. Wo shall, iu a few days, publish u full description. We heartily commend the Southern Musical Journal, (the only ono in the South,) to our readers, aud assure them they will not regret the small sum, only one dollar, needed to secure it for a your. With the August number, just out, four more pages are added, making it one of tho largest as well au the best musical maguziues now published. Each number now contains twenty-four large quarto pageB of musical reading matter and beautiful music. Sixty cents worth of sheet music is also given each new subscriber as a premium, so that the Journal really costs but forty cents ii year. Ludden ,t Bates, Savannah, Ga., aro tho publishers. Messrs. Weam Sc Hix,- the skillful and artistic photographers, have jost finished a portrait of the beloved and highly popular pastor of the Presbyterial Church in this city, Rev. Joseph R. Wil son. It is not only a correct likeness, bat also a beautiful piece of work. Nu? merous oopicB have been ordered by thi admirers of tho learned divine. A spiteful young highland moccasin was caught in the basement of the PHCE SIX office, yesterday, and properly bot tied. It is supposed that his snakeshir. was introduced into the building througt tho medium of u hollow log. A shari look-out is being kept for the old ones. Col. Black, Post Commandant, return ed to Colombia, yesterday. His Wost ern trip was of little advantage; but oui delightful climate will soon bring bin out. By Act of the Legislature, druggist: aro required to have the antidote to ead poison or poisonous compound sold lr them printed upon the label on each bot tie or package. Hugh Wilson, Esq., of the Abbevill Press, paid us a short visit, last night. TUE DouniiE EXECUTION, YESTERDAY Tho two colored murderers, Williac Lucas and Edward Harris, who wer convictod at the last term of the Cour of General Sessions, and sentenced b; Judge Melton to be hung on the thin Friday in August, but who were re prieved by Gov. Scott until Friday, Au gust 30, expiated their offences and satis tied tho law, yesterday, at 2.20 o'olocl Luoas, it will be remembered, in com puny with two others-Haunch Bridge and Wm. Dennis-took the life of young white man, named John Simpsoi by cutting the femoral artery in the rigb thigh, on the night of the 16th Marc last. They wore tried for the offene? bat Bridges and Dennis were acquitt?e Lucas, at tho time, was abusive and a? parontly very reckless-asserting that b had "sont Simpson to the Devil, and L was ready to moot him there." Sin< that time, and when he found that tt gallows stared him in the face, he pr< fessed repentance, and changed his co: vorsation and aotions. Harris was coi vioted npon circumstantial evident alone-and it is oven suspected that 1 was the victim of a conspiracy-the se) tenco of ono of the actual murderers i tho pump-minder, Mr. Patrick Murph; having been commuted by Gov. Scott 1 imprisonment for life. By 9 o'clock, yesterday morning, tl crowd began to congregate around tl jail euolosure, and by 12 o'clock thei waa a perfect jam-the multitude swea ing, shouting and pressing forward I oflect nn entrance to the jail yard. Chi of Police Jackson, with nearly his enti force, found it almost impossible to re? strain the unruly crowd, which every minute increased iu numbers. No at? tention was paid by the multitude to the orders from the officials, und the clubs of the police hoing found unavailing, the militury were called upon, who, with their bayonets presented, succeeded in partially keeping back the excited crowd. Alderman Wilder was on the ground, and, fearful that blood might be spilled, directed Captain Jackson to order the militia back into tho enclosuie, and piuco the entire police force in and around the gateway. Quiet was soon restored, and the only dumago done waa a severe rapping of the knuckles of a few sight-seers, who persisted iu push? ing forward. Sheriff Frazeo--justly, too, we think decided that the jail-yard was the proper placo for tho execution, and managed everything capitally. A call was made upon the Colonel of tbe militia regiment iu this County, whioh was responded to by a detail of the Stevens Light In? fantry, Capt. Ballad; Bandolph Rifles, Capt. Augustus Cooper; and tho Neagle Rifles, Lieut. Brown commanding. About ll o'clock, the militia, in full uni? form, appeared upon tho ground, and took up a position around the gallows. This implement of dertruction was erected iu the centre of tbe yard on the South sid<-. It was the ordinary but very dimple and effective trap-doors, with a prop-the removal of whicb, by au appended rope, causes tho doors to fall. Tho Rev. Mr. Berkley, (colored,) of tbe Methodist Episcopal Church North, bas administered spiritual consolation to the condemned men for several weeks, and remained with them to the last mo? ment. At twenty minutes to 2-the ropes having been properly adjusted-tho pri? soners, bound, wero brought down and placed upon the platform. Sheriff Fra zeo then read the sentence of the court, when the unfortunate men were notified that if they wished to make any remarks, the opportunity would be afforded them. Lucas, then, in a few rambling remarks, admitted the justice of his sentence, but ?aid he hud faith in the Redeemer, and believed ho would be saved. Harris de? clared ho was innocent of the crime for which he was to Buffer, but believed that the Lord would be merciful to him. By the particular request of the condemned men, the beautiful old Methodist hymn, "Triumphant Graoe," was then given out, the tune was raised by a female rela? tive, the condemned joined in, and a portion of the assemblage assisted. The Rev. Mr. Berkley offered up a fervent prayer, bade the unfortunates farewell, the black caps were drawn over their faces, the ropes were adjusted around theil necks, the signal given, the trap-door sprang, and at twenty minutes past 2, the condemned were swinging I between heaven and earth. Lucas strag? gled for five or more minutes, while Harris writhed and twisted for more than ten minutes. After fifteen minutes had elapsed, Dr. A. N. Talley made an examination, and pronounced life ex? tinct. The bodies were allowed to re? main suspended ten minutes longer, when they were taken down, placed in co?ins, and turned over to the relatives. Upon examination by Dr. Moore, the neck of each victim was found to be broken. It is estimated that fully 5,000 peisons were in attendance-many of them fe? males and children. Sheriff Frazee per? formed his unpleasant duties efficiently and with proper consideration for the feelings of all. It is stated that Harris was convicted of the murder of a M.-. Hopkins, in Mis? sissippi, in 1859, but was pardoned under the gallows. Lucas, it is also stated, committed more than one murder before justice was meted ont to him. PncEXixiANA.-Wrong is but falsehood put in practico. Wine has drowned more than the sea. A man must become wise at his own expense. The youth of the soul is everlasting, and eternity is youth. Zeal is flt for wise men, but flourishes chiefly among fools. Man's chief wiadom conaists in being aenaible of his follies. Writings may be compared to v/ine. Sense ia the strength, bot wit the flavor. A jewel of an uncle-A carb-uncle. Tho table of interest is tho dinner table. LIST OF NEW ADVERTISEMENTS. Miss O. R. McGowan-Sohool Notice. L. C. Sylvester-Seleot Sohool. A Nashville paper Bays there was never before such a glorious orop of "pairs" in that oity as there has been this season. Nearly every front gate is loaded down with them on pleasant evenings. The old-fashioned high Spanish combs are reported to bo corni Dg into nae again.