The daily phoenix. (Columbia, S.C.) 1865-1878, December 20, 1872, Image 2
_liTZOZzn i*_i_i_
gridaj ^orninjt^ofembergO,,18Za.
I Justice ana intolerance?A. Contrut.
?enaior oU??Dcr, of Massachusetts, hoc
in his day boon foremost among, extrom
ists in opposition to the sooial system of
the South. At the outset of_ bis oareer,
he set himself keenly to the business of
abolishing slavery; and when this was
accomplished" as the result of the olvil
war, he was just aa stern and exaoting in
his efforts to seonre, by appropriate legis?
lation, the nowly-enfranohiaed blaok race
in their civil and political rights. We
hive often thought that in tho pursuit of
these objeots, ho was somotimos unrea?
sonable, denunciatory and ungenexone.
A tinge of intensity and prejudice, the
remains of old strife, and unpleasant
personal oxperiouce, seemed to stain his
feelings, and, on many occasions, to im?
part bitterness to his language. Bot at
last, when his work was done, his nature
underwent a ohange for the better. The
partisan disappeared, and the statesman
Toso to view. Dignity, equanimity, tole?
rance and enlightened polioy henceforth
characterized hie oourse. Like Horace
GiG?Icj, he bcried the memories of old
strife, and presented a front of kindness
and consideration towards those against
whom be had long stood in hostile atti?
tude. In reply to the taunts of Speaker
Blaine, who, ghoul-like, sought to revive
unpleasant reminiscences of tho per?
sonal enoonnter between him and Pres?
ton Brooks, he nobly said, that he had
never . cherished resentment ngainst
Brooks while living, and would be the
last to disturb his remains in the grave.
He undo no publio reply to similar objur?
gations of Dr. Francis Lieber, who, Boon
after the attempt to fix upon Sumner the
inconsistency of forgiveness,'was himself
called to his long home and final account.
Senator Sumner has lately stirred an?
other hornet's nets of indignant' remon?
strance and vituperation from some
small heroes and unappeasect warriors,
because he has proposed, on the floor of1
the Senate, to eraaefrom the flags of the
republic'and the register of the army all
inscriptions, mementoes and tokens'(of
the battles andr viatories qi tho Union,
armjun th^Jaxa war. -He has beefr called
quickly to account for thin attempt to re?
move from the view of oflioe.ra and troops,
who are henceforth to bo Beloc tod from
all seotions of the country alike, the
boaits and : trophies whioh marked' the
nnhappy contest between them. He
has been roundly denounced by those
who neither share nor appreciate his
spirit, and sagaoity. .Jn the Jlassachu
setts Legislature, a Mr. Hoyt has offered
a preamble and resolutions, whioh de?
signate Senator Samnor's timely and
sensible action as an "attempt to de?
grade the loyal soldiers of the nation and
their grand achievements," and as
worthy of "unqualified condemnation."
This squeaking voice, like that of the
grumbling Thersites, would be best sup?
pressed by a treatment similar to that
received by the ancient worthy at the
hands of Ulysoes, and by the oppro?
brium of a similar brand fixed upon him
as the meanest man in the army. Men
of real achievement are not so tenacious
of little things, not so unrelenting in
temper, nor so poveity-strioken in re?
sources of honor and credit, as to oling
as their last hope of renown to the
flaunting symbols which perpetnate en?
mity and rancor. They bnry the hatchet,
oloae the bloody chasm of division, turn
their backs upon what is revolting in the
pa?t, and are content to remit to the
pages of history and tho judgment of
after times the records, memorials and
traditions whioh oonoern it.
As we write, despatches inform.us that
the resolution of Mr. Hoyt has buon
adopted by a dooisive vote in both
branohes of the General Assembly of
Massachusetts. But vote they never so
fiercely, they cannot dint the good name
or hurt the olear oonsoionoe of their Se?
nator. His purpose will be approved
and admired, when they are all dust and
forgotten. Bo shines a good deed in a
naughty world. Mr. Hoyt and tho Le?
gislature at his back appear to decided
disadvantage in tho light of Sumner's
good sense and magnanimity, outsido of
the bounds of Massachusetts, at least.
A genuine sensation occurred in the
House on Wednosday last, in which war
taunts were exchanged between Repub?
licans and Democrats. Two Pennsyl?
vania Senators wero the belligerents.
The rumpus was oaused by the discus?
sion of tho Soldiers' Homestead bill?
"liar" and "oopporhcud" were bandied
about like shuttle cocks, but all in Pick?
wickian sense. Looking through the
glasses of tho opposition, tho wholo af?
fair, to our vision, soems darker than
the squabbles of our Knights D'Afriqno
in the adjustment of their heated do
bates in the halls of Southern legislation.
There are about 700 prisoners at Alba?
ny from different States.
R?e'?u.
The Genoral Assembly takes a reo ess
from to-dav^n$il the Jtfc^pf Jawutry.
This a good lon& breathing Bpejl, within
whjob the mqiubors may recruit them?
selves from jftxeir arduous legislative
labors by Christmas dinners and New
Year festivities.' Wo trust that they
may be sufficientlyrenewed in strength
to take vigorous hold of the work which
remains for them to do. The election of
Senator was very exhausting to. many
memb ers. The canvass lasted nearly the
whole of tho session, and the conse?
quences are apparent in the fatigued and
bla$a appearance of the most active par?
ticipants. They are entitled to rest from
their toils, and to have an opportunity
to enjoy themselves at home In the
bosom of their families, after this signal
aorvioo to their country.
The business, so far, has been of un?
important character, except the tax bill.
That has been examined and discussed
with considerable care. It was the one
measure without wbioh tho others could
not be set in motion. It was tbe great
wheel which tarns all the rest. It was
necessary, therefore, to set it agoing
first. This was done in haste, and be?
fore proper examinations of the items oi
deficiencies could be made Tbe levy,
as amended by tho Senate, calls for
seventeen mills. This is enough, in all
oomoience; and yet, large as it is, we
havo no doubt that it will fall short of
tbe demands, whose name is legion.
And, behind all ibis, looms up, threaten?
ing to break in storm over tho beads of
the people, tbe dark cloud of bonded
debt and interest.
As we have said, there are some good
measures before tbe Legislature, to
which we bope they will gfvo serious at?
tention upon tbeir return. There are
Some oxcolleut members, too, in tbe
body, intelligent, bard-working, dis?
creet and experienced. We trust that
their good influence will be folt and seen
more conspicuously after tho reoess.
Tbe oommittoea bavo done a fair amount
of work. We have notioed particularly
that those of Ways and Means, Agri?
culture and the Judiciary bavo been
creditably industrious and judicious in
their recommendations. i . i > ?
?'The Lee Memorial at Lexington.?
Tbe Lee Memorial Association, incorpo?
rated by the Legislature 9! Virgin in, and
organised:.' for "the purpose of plaoiug a
suitable memorial over the remains of
Gen. Leej at Lexington,..Virginia, has
made an appeal through its chairman,
'Rev;; W. N. Pendleton, (formorly an
officer of the United States army, and
chief of artillery under Gen. Lee,) for
aid in completing the plan selected by
the distinguished sculptor, Valentine, of
Richmond, with whom tho asaooiation
made a contraot for the preparation and
erection of tbe memorial. -The oast of
the work in plaster has been completed
by Mr. Valentine, and is spokeu of in
the circular just issued by tbe assooiution
as admirable in its "very improsaive
likeness, and tbe entire work, as a speci?
men of art, is in every way worthy of its
great subject." The design is a sarco?
phagus, with a full-sized recumbent
figure of Gen. Lee, to be cut from tbe
purest marble. The total cost of tho
work will be $20,000, of which $5,000
have been already contributed. At a re?
cent meeting of tho survivors of tbe
Army of Northern Virginia it was de?
termined to appeal to the ladles of tbe
?outh to hold memorial meetings ou tbe
next anniversary of the birth of Gen.
Lee, 20th Jauuary, 1873, ami,take such
measures as they may deem best for col?
lecting money on that day, to bo especi?
ally appropriated to that object.
The Political Organization op the
French AS3EHBLY.?There aro 700 mem?
bers in the National Assembly (legisla?
tive body) of France, now in session at
Versailles, the condition of Paris, poli?
tically and socially, being snob that it is
considered unsafe for these representa?
tives of tho people to assemble in tho
Chamber of Deputies on the bank of
tbe Seine. Various attempts have been
made to unalyze tbe party organization
in tbe Assembly. The latest, which is
believed to approximate tho truth more
nearly than any other, is based upon
classification of tho various newspapers.
It bas boon done as follows: Tbe Orleau
ist (Right Centre,) represented by the
Journal de Paria, consists of 30 mem?
bers; .tho Conservative-Republican (Loft
Centre,) by the Dien Public, he Soir,
&c, 140 members; tbo Radical, by Ln
Republique Francaisa, 130 mombers; ex?
treme Radical, by Le Rappel, 40 mem?
bers; tbo Ultramontane, by tbo Union
aud tbo Gazelle de Franco, 70 members;
tho Ultramontane, by the Univers, 30
mcmbors; Ultramontane Legitimist, by
tho Monde, 30 mcmbors; tbe Doubtful
Monarchical, by the Journal des Debals,
30 members; and tbe avowod Bonapart
ists, without any declared organ, 20
mombers. These sum up a total of G10
out of tbo 750 members of the Assembly.
-??. *
A nouniBLE Crime.?It is stated that
Teranco D?lau, a laborer, of Mauhattaus
ville, New York, wont homo drunk on
Monday night and roasted bis infant
son, three years old, to death on a red
hot stove.
t ? ??'i '11 "i,, :m>. .i.i? n?gsa ? nn?? i
The Regent BunNma Disa8t,?IU-?We
have been furnished with stho following
particulars of tbij^affair: w,-\ ^ '
Vol TnescUy night, ab^libAlf.p^
10 o'clock, as tho .Southern bound pas?
senger train over? tho Wilmington, Oo
lambTa and Augurs Baibssd wHbi?
two miles of Fair Bluff, N. O., the train
was thrown from the track bj coming in
oontaet with a broken roil, the ?hock
sending a thrill of horror through the,
unsuspecting passengers. Apprehensions
of being crushed to death, howevert
soon gave place to a new terror, when
fire broke ont among the wrecked ears,
the flames rapidly spreading from one to
another. The fire raged until the first
and second class passenger coaches and
two Pullman sleeping cars were totally
oonsumed. The ongino and express and
I baggage car were saved. None of the
passengers are reported hnrt, and they
were most hospitably oared for at Fair
Bluff by Mrs. Brothers. Borne of the
passengers soooeeded in saving their
baggage, while others lost all. The train
conductor and Pullman's conductor were
untiring in their efforts to make the pas?
sengers comfortable, and Mr. O. M.
Sadler, of the Southern Express Com?
pany, rendered groat asaistanoe to the
ladies. At the time of tho accident, it
was raining, and the passengers were all
compelled to stand shivering in tho
swamp for about an hour, when the
train hands sncoeeded in getting the
I locomotive and baggage oar in order
again. The train is a total wreck.
I $50,000 will not cover the loss of rolling
stock."
Punishing Official Thievery.?The
extent of the leaks in the public Trea?
sury, arising from ofllciul dishonesty, has
become a matter of snob oonoern that
Secretary Bontwel) proposes a law to
prevent a curtain class of official stealing.
He would make it a penal offence for ail
disbursing officers and all clerks and
agents to convert to their own use or
lend, with or without interest, tho pnblio
moneys, and also for bankers and brok?
ers to receive loans of public moneys
from such persons. The Act of 18G6, of
which this is an amendment; does not
meet the case of all officers, but only
special grades. While the law ought to
be made general and stringent, we agree
with the New York Journal <>f Commerce,
that howevor strong Mr. Boutwoll may
make the law, it will not be of much use,
if defaulters and, embezzlers are to be
treated with. mistaken lenionoy in the
future as in the past. Whilst the Go?
vernment has persisted in enforcing
penalties on political prisoners, as in
most of tho so-called Ku Klux cases,
with an unrelenting baud, it has either
not prosecuted with rigor and prompti?
tude official thieves who plunder the
Treasury of tho hard-earned contribu?
tions of tho people, or pardoned them
from prison soon after they were eent
there*. The proposed amendment to the
law of I860 will not be effectual, unless
there can bo less of misplaoed clemency
to tho culprits and moro of justice to the
poople, and unless public sentiment
affixes the same stigma to public as indi?
vidual robbery. Tho official who is
guilty of the last is as much worse than
au ordinary thief as a bauk officer who
robs tho institution of which he is an
agent is than a professional burglar. In
both cases, tho betrayal of confidence is
added to the crime of stealing.
[Baltimore Sun.
* ? ? ?
A QUAttREIi TO THE DEATH.?At 7
o'clock, Monday evening, John Sim?
mons and Nicholas II. Duryea, well
known lottery dealers, engaged in a
desperate struggle in frout of a restau
raut on Liberty street, N. Y. Simmons
succeeded in throwing Duryea, and then
stubbed him repeatedly with a dirk,
causing almost instant death. Sim?
mons, after the homicide, took refugo in
a neighboring saloon, where ho was
arrested soon afterwards; but in getting
away he fell, fracturiug the 1 >wer bones
of his anklo. Simmons nud i .o body of
bis victim woro brought to tho police
station, where Simmons refused to make
any statement when iuterrogatod by tho
officer in charge, and persisted in his re?
fusal when visited by reporters. Duryea
was about thirty years of age, of gnu tool
appearance, light build, aud lived at
Port Richmond, Staten Island, where ho
leaves a wife and two children. Tho
cause of tho fatal quarrel is not known,
but it is supposed to bo connected with
tho lottery business, in which they were
cug'iged.
The Ain LiNE Railway.?There is
much delay in tho construction of tho
lino in this vicinity, owing to tho diffi?
culty in procuring cross-tie?. Between
Greenville and Spartanburg the.-o arc
about fifteen miles of traok to lay down,
besides the erection of two or throe
bridges. Toward tho Georgia side, tho
truck has boon laid to Saluda River, and
the bridgo over that stream is now nearly
completed. Beyond that point there
remains considerable work to bo done.
We do not believo the whole lino will be
in running order for three or four months
yet. ? Greenville Mountaineer.
Editor Caned and NEWflPArnn Office
Knocked Into Pi.?At Soranton, Penn.,
on the morning of the 9th inst., Mr. H.
O. Silkraan and his brother-in-law, a Mr.
Gardener, entered the offico of the
Sunday Free Press and gave tho oditor a
severe caning, after whioh they entered
the composing room and npsot tho cases,
imposing stones, &o? completely gutting
the office and scattering tho typo all over
the floor.
Tho Washington correspondent of the
Baltimore 'Sun says that "the President
has concluded to pardon nil persons now
under conviction for Ku Klux offences,
whero such is asked for by their repnta
blo neighbors." Wo trust that the neigh?
bors of tho prisoners from South Caro?
lina will move at oaoe and secure their
release.
An Agricultural and Mechanical Asso?
ciation has been organized iu Greenville.
? Cjnrx Ja^irirEBs.?The price of single
carp}**Of the P??znixTb Uve c ftnte.
Mr. O. V. Antwerp makes a 'liberal
proposition to his customers. Beo hie
?OY.' Mosea has1 appointed 'Messrs.
John Wood and E. C. B*ker Notaries
Pnbiio for Darlington.
We should judge by au advertisement
in the Sun that the city of Atlanta, Ga.,
will bo sold at auction on tbe first Tues?
day in January.
Mr, J. H. Eluard is agent for the just
i ly celebrated paper patterns manufac?
tured by Ramsay & Co., No. 110 Cham?
bers street, New York. Tbe patterns
aro Buitabie for garmeute for ladies,
misses, children, and even gentlemen.
A large illustrated catalogue will be fur?
nished gratuitously by Mr. Kiuard to
bis patrons.
Two of the soldiors belonging to the
garrison here, got into a fight, yssterday,
about 2 o'clock, when tbo viotor forced
bis vanquished comrade to carry bis
over coat to camp.
Yesterday was equally as disugreeuble
as several of its predeoessors?"only a
little more so." As it is getting much
colder, and the Legislature takes a recess
to-day, wo may confidently look for
pleasant weather.
A setter dog was carried off a day or
two ago. The owner will pay u liberal
reward for his return.
To-day, the 20th instant, has beeu de?
signated by tbe Episcopal Church in
England and in this country "a day of
special intercession to the Lord of tho
harvest that He will be plensed to send
forth laborers into His harvest." It will
bo observed throughout all the world
wherever thero is a church of this deno?
mination established.
A commercial traveler banded a mer?
chant upon whom be called a portrait of
bis betrothed instead of his busiuess
card, saying that bo represented that
establishment. Tho merchant examined
it carefully, remarked that it was a fine
establishment, and returned it to the
blu'ibing and astonished traveler with a
hope that bo would soon be admitted
into partnership.
One style of bonnet is called the
"Mansard," because it takes a great deal
of "mau's-hard" earnings to pay for ono
of 'em.
Mr. John Ducket*, of Newberry, ha?
been elected to deliver tbo twenty-third
anniversary oration of the Adelpbiau
Society of Furman University; and C.
P. Ervin, of Sucater, to read an essay
on the sime occasion?15th of uext May.
Mr. T. P. Slider is makiug arrange?
ments to commence the publication of a
weekly paper iu Newberry, to bo called
The Progressive Age.
Tho latest styles wedding aud visiting
cards and envelopes, tastily printed, can
be obtained at tbe Phcexix office.
Old nowspapers for sale at Phoenix
office, at fifty cents a hundred.
The Chapman Sisters appeared last
night, iu Irwiu's Hull, which, despite
the rain, was well Ii I led. The pro
gramma was attractive. Tho perform?
ance commenced with the faroe of
"Betsy Baker," iu which Misses Wren
and Pendleton and Messrs. Fortesque
and Collins well sustained their parts.
Tho next was tho charming musical
sketch, "Baruoy's Courtship," given by
Miss Martha Wren and irr. Collius with
splendid cflVet. Mr. Morris gave n very
extraordinary performance, denominated
on tho bill a "Mystic Change," Seven
different characters, with complete cos?
tumes, wero represented on the stago by
Mr. Morriii?tbo changes being m: do in
full view of tho audience, but with al
aost lightning rapidity. Tho musical
burlesque of Don Juan, entitled "Little
Oon Giovanni," was a brilliant nothing,
which, as Sir Rodio Boylo might say,
served as a string upon which to attract
?sparkling witticisms, excruciating funs
and mirth-provoking jeetn. Tho Chap?
man Sisters wero as beautiful and as be
witohing as ever, and seemed in their
true olomont?qncons of tbe burlesque.
Their singing and dancing woro raptur?
ously oncored. Mr. Fortosqne is an ad
mirablo comedian, and kopt bis audi?
ence convulsed with laughter. Tbo
othor parts wero generally well taken.
They make their last appearance to?
night, when tbo "Gold Demon" and
other performances will be given.
Sunieme Couiit, Thursday, Decem?
ber 10.?Court met at 10 A. M. Pro
sou t?Assooi ate Justices Wright and Wil?
lard.
Tho State of South Carolina, ex rel.
R. C. Shiver & Co. et a!., vs. S. L. Hogo,
Petition for mandamus. Mossrs. Camp?
bell and Chamberlain for petitioners.
Rulo made returnable January 2, 1873,
at 10 A. M.
Tho Second Circuit was called.
Charlo3 R. Miles clul., trustees, appel?
lants, vs. Samuel J. King ct al., respond?
ents. Mr. Tracy for appellants; Mr.
Youmans for respondents.
Tho Court then adjourned till Thurs?
day, January 2, 1873, when tbo Fifth
Circuit will bo called.
United States Court, December 19TT
The Court mot at 10 A. M., Judge J
Bond presiding._.
Exporte John L. Block, of Bridge-way
?Petition for voluntary bankruptcy; J.
H. Bion, pro pel. The petition Was read
nud^referred to W. J.'Olawaon, Register
in BinlsJnptcy, for syndication, and re?
port any further action.
Ex parle D. W. Brown, in re B. R.
Clyburu?Application for role on as?
signee; Butledge & Young, pro pet. Or?
dered, that assignee do shoff cause at
Charleston, before this Court, on the
10th day of January heit, why lie should
I not bo attached for contempt, for not
complying with tho order made on the
13th of April; and awiguee ordered, at
the same time, to make a full report of
his actings and doings as assignee.
Ex parte Jeremiah T. Walker?In
bankruptcy; petition for final discharge;
Walker" & Bryoo, pro pet. The report of
W. J. Clawson, Begister, in favorof the
dieoharge, was read and confirmed.
Judge Bund signed the order and certifi?
cate of discharge, as prescribed by law.
The case of the Uoited States vs. John
T. Craig et al.t for conspiracy, was re
I sumed. Mr. Jaeger was hoard for de?
fendants, and Mr. Corbin for Govern?
ment.
Ex parte Lewis Merrill?Petition for
admission as counsellor and attorney at
law. The committee appointed to.ex
utuine the appellant having reported
favorably, ou motion of D. f. Corbin,
ordered that Lewis Merrill be admitted
to practice as attorney, solicitor and
counsellor of this court, and, as snob, to
bo duly sworn and eumiled.
United States vs Elijah Ross Sepaugh
?Conspiracy and murder. At the April
term of the Circuit Court of the United
States, held in Charleston, the defendant
was tried and found guilty, and recom?
mended to the clemency of the Court and
the Executive. A motion was made in
arrest of judgment. Upon a hearing of
the case, and a due consideration, tho
Court announce that they are opposed in
opinion as to the questions submitted by
counsel, to wit: whether the court has
jurisdiction to inquire and find whether
i.he crime of murder has brcu committed
as set forth and churged in tho latter
portions of the indictment, in order to
ascertain the measure of punishment to
h'< affixed to the offence against the
United States, charged in the former
portions of said counts. Now, ou this,
the 18th day of November, at Columbia,
on motiuu of John F. Ficken, defend
ant's attorney, it is ordered that tho
points on which said disagreement has
happened, and which said disagreement,
as above stated, as directed by law, shall
be certified during this term of tho court,
under iti seal to tho Supreme Court of
tho United States, to bo finally dooided.
(Signed) HUGH L. BOND,
Oirooit Judge.
(Signed) GE?. S. BRYAN,
District Judge United States, S. C.
Deoemuek 18, 1872.
Tho United States vs. Hhz?11 Hard
wick. Conspiracy." It appearing to the'
court that the defeudaut is in the
custody of the Uuited States Marshal,
in the Richlund County-jail, on motion
of S. P. Hamilton, attorney for defeud?
aut, it is ordered that the defendant be
discharged upon hie own recognizance,
in the sum of $1,000, for his appearance
at the next term of tho court.
The United States rs. Henry Toole.
Conspiracy. It appearing to the couit
that the defendant is in custody of the
Uuited States Marshal, in tho jail of
ltichlaud County, on motion of S. P.
Hamilton, attorney for defendant, it is
ordered that the defendant bo released
upon his entering into recognizance,
with good surety, in the sum of 32.000,
for his appearance at the next term of
the court.
In tho case of John T. Craig and
others, charged with conspiracy, Judge
Bond addrossed the jury as follows:
Gentlemen op the Jury: It is not my
province to comment on the facts offered
in evidence iu this case, but to give you
tho law which mast guide you in tho
consideration of the evidence in refer
once to this indictment. Under the Erst
count, you are to find from the evidonco
whether or not there existed a conspiracy
iu the County of Laurens beforo tho
(iuding of this indictment; and if you
find thcro existed a conspiracy, you are
then to find whether its object, or one of
its objects, was thut sot forth iu this
count, to wit: To hinder, prevent or re?
strain a class of persons from voting, by
reuson of their color, rnco or provious
condition of servitude. Tho first count
does not embrace a com piracy formed to
punish that elsss of voters because the"
had voted; but you must find, in order
to convict under that count, that tho
conspirators looked to prevent that class
of persons from voting thereafter.
As has been stated to you, geutlemen,
by connsol, a conspiracy is an agreement
formed by two or moro persons to do an
unlawful act. It is not necessary that
tho act should actually be done. Tho
crime is complete when two or more per?
sons have oousented togothor, or agreed
with one another, to bring the unlawful
result about. But it is absolutely neces?
sary, if you find the conspiracy was
formed, that you find its object was to do
tho thing which is charged to have been
its object iu the first count in tbo indict?
ment. And while it is trne that this
agreement must have existed before the
acts mentioned in tho evidence, which
are offered to provo it, nevertheless it is
not necessary that the conspiracy should
have oxisted for any prescribed length cf
time. Tho only duration required is
that which is necessary to enablo tho
minds of tho conspirators to form and
agrco upon the common purpose.
If tho jury find from tho evidence the
existenco of the conspiracy chargod in
tho iudictment, having tho purpose
charged, then it is necessary that the
jury should find that the parties were
members of it, aud had each agreed and
cousoutcd to tho.common unlawful pur?
pose. But if tho jury believes from tho
evidence that what is charged as a con?
spiracy was a riot, or mob, or sadden
outbreak, which had no common purpose
or agreement, or il it had a common pur?
pose it did not have the purpose dharged
in .the. indictment, then tho parties are
not guilty, under Ihe first count, even
thodgh the jury may find they partici?
pate'.1 in the riotous proceeding*.
Two of the remaining counts of the
indictment, gentlemen, charge that a
conspiracy was formed to punish Wade
Porrin and Samuel DeHay, the persons
whose names are set forth in the re?
spective counts, beoanse thoy had pre?
viously voted in the particular manner
set out.
What I have said about conspiraoy
applies to these oouute. They only
differ from the first count in that they
charge a different purpose for the con?
spiracy, and that purpose, you must find,
was *6ne of the purposes of the con?
spiraoy, before yon find the prisoners
guilty,, if yon flod they were members of
it.
To determine tbe purpose of the con?
spiracy, gentlemen, if you find there
was one, yoa are at. liberty to consider
what the parties engaged in it said, and
the nets they did in concert cr by agree?
ment in furtherance of it. There oan
be no better way to determine what a
company of persons agreed or conspired
to do than to find out what they did in
furtherance of their agreement, aoting
together or in oonoert. It is seldom
possible to prove by tbe words, either
written or oral, of the conspirators, what
their purpose was. You sometimes may
find that conspiracies are not generally
formed in public, and you are left to the
conduet of those who belong to them to
determine the intention of the combina?
tion.
I felt it my duty, gentlemen, to say
to you that, Biaoe this case has been so
lung on trial, and the mass of testimony,
relevant and irrelevant, is sb great, that
you will be required, in obedience to
your outh, to give it long and patient in?
vestigation. -You owe it to the Govern?
ment, which is jealous of the liberty of
the citizen, and wishes none but the
guilty punished, and you likewise owe it
to these prisoners who are jointly in?
die ted, to give eaoh of their cases that
patient, careful and deliberate investiga?
tion that you would give it were he alone
on trial before you.
Tbe Government is bound to make
out its theories of tbe guilt of these
parties of tbe crime charged, to tbe ex?
clusion of every theory of their inno?
cence which accords with the facts; and
every reasonable doubt?and by that.I
mean a doubt whioh is founded on a
good reason, and a doubt .for which you
can givo a good reason?you ara bound
to give to the prisoners at tbe bar.
Yon may, gentlemen, find each party
guilty or not guilty of one or more of
the counts m the iudictment, or you
may find some guilty and others not
guilty, or you may find a verdict of
i guilty or not guilty generally.
The 'jury then retired. All tbe jurors
except those on this panel were- die- '-'
charged from attendauoo on this term.
Tbe court theu adjourned until Friday,
at 10 A. M.
Elibu O. Barker, of Darlington, and
Wm. A. Hayne, of Marion, who had
been appointed United States Commit- -
sioners for their respective CountieB,
appeared in open oourt and were sworn.
Mail Arrangements,?The Northern
mail oponB 6.30 A. M. and 3.00 P. 31.;
closes 8 P. M. and 11.00 A. M. Charles?
ton day mail opens 6.15 P. M.; closes 6
A. M.; night opens 7.00 A. M.; closes
6.15 P. M. Greenville opens 6.15 P. M.;
closes 6 A. M. Western opens 6.30 A.
M. and 12.30 P. M.; closes 8 and 1 P. M.
Wilmington opens 3.30 P. M.: closes
10.30 A. M. On Sunday tbe office is
opon from 3 to 4 P. M.
Fhcenixiasa.?If a man has but one
eye, let him get a wife, and she will be
his other I.
Tbo Digger Indians are never known
to smile. Tbey must be grave diggers.
Deliberale with caution, but act with
decision, and yield with grccefulness or
oppose with firmness.
Pluto calls opinion a medinm between
kuowledge and ignorance.
To make apple trees bear?Pick off all
tbe leaves as soon as tbey appear.
Strange?The heaviest speeches don't
always have the greatest weight.
Executive Appointments.?The Se?
nate, in executive session, bus confirmed
tbe following appointments:
Darlington County?Trial Justices?
T. Price, rice Orrin D. Lee, removed;
F. L. Baxter, John J. Russell, vice Jas.
Bell, removed; Isaac P. Brockenton,
vice J. G. Gatlin, removed. Lexington?
Trial Justioes?Wm. J. Barre, A. R.
Taylor, Henry A. Smith. Barnwell?
Trial Justices?Jarnos M. Smith, B. H.
Norland, Lunsford Hurley, James Pat?
terson, F. J. Catsidv. Beaufort?Trial
Justice?W. P. Zealy, vice H. T. Labi
tut, removed. Charleston? Trial Jus?
tices?Wm. McKinlay, Edward Petty,
rtoe W. H. W. Gray, removed. Aiken?
Trial Justice?J. Woolley. Pickens?
Jury Commissioner?W. A. Lesley, vice
J. It. Holcombe, resigned. Clarendon?
Jury Commissioner?Wm. Dixon, vice
James Tindali, romoved. Williamsburg
?Jury Commissioner?Charles Basted,
Jr., vice R. F. Scott, eleoted County
Commissioner. Riohland?Superintend?
ent State Penitontiary?Carlos J. Stol
brand, present incumbont; member of
Board of Directors State Penitentiary?
Henry E. Hayne, vice W. H. Wigg, re?
moved. Anderson? Treasurer? Ballard
D. Doan, vice Douiel Brown, resigned.
Oraugeburg?Triu! Justice?W. H. Recd
ish.
List of New Advertisements.
James Galctti? Trained Birds.
Jacob Levin?Auction.
House and Lot for Salo or Rent.