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COLUMBIA, S. C. Sandiy Morning, May 18. X873. The temperanoo men of Maryland are taking tall ground, as sea a resolution passed by the reoent convention in Balti? more, which demands of the Legislature the passage of a law giving to the majo? rity of the legal voters of oaoh eleotion district, otty ward, incorporated town and Couaty, the right to deoide by popu? lar vote the question of liquor license within their respective distriots, provided that in the event the aggregate vote of the State should be against license, then the whole liaense system shall be abo? lished in the entire State. In another resolution, it ia deohtrod, that while the convention adopts the policy of local ' option, it; makes no oonipromise.with the license system whioh already exists, and thf I local option is only an effort to de? stroy license that prohibition njay exist by the will of. the people. The conven? tion dboh^med any intention to form a new political patty, but at the same time declared its purpose to urge temperapoe people to vote for no man for the Legis? lature who is hot willing to advocate and vote for prohibitory! legislation. The second artiole of the Constitution Btates that the object of the alliance shall be the prohibition by law of the traffij in alcoholic drinks, and the eduoation of public sentiment up to that point. Causes of Sudden Death,?The New York Star dwells on the causes, or proba .-blo-causes, of the many sudden deaths Of men in public life, which have recent? ly taken place, and comes to the "on elusion that over-work and want <_" rust are at the bottom of iL Innutrition and over-work cause a degeneration in the ?coats of the blood vefceds. in the brain, and then, by their 'bo re ting or over-die teusion, death may occur at any time. Again, the majority of people in this country use largely snoh inferior food, as flesh meats and preparations of fine floor, half decomposed -rwith yeast or Soda, and also use in * their cooking ope? rations an exoeab of ?aTrd, batter, sugar, Bait, spices, etc, and as many who live thus work harder than any ought to work who live on the' beat diet, it is a wonder that apoplxy ia hot more frequent than it is. _- . ?_ The Italian Cardinals have several more votes than the two-thirds required for the election of .a Pope in their col lego, and the Borne oorrespondoot of the New York Herald says the votes of the Cardinals may be Safely reckoned opon to return a Pope of Italian birth and of thorough Ultramontane principles. There are now twenty-five vacant Cardi? nals' bats, bat it is not at all probable that Pias IX will fill any of them at pre seut, although there are. many able and aspiring prelates, both in Europe and America, who would highly appreciate the honor of wearing the scarlet cap. -1??/-I - The Wilmington .mayoralty muddle ia as thick as ever. ;The Aldermen have held forty six ballots, all of which pro? claimed tho same result?Cauady 5 -r Wil? son 5. The only difference ia the an? nouncement of the vote was when it read thus: Wilson 5; Oaoady 5. The United States Court Matter at Charleston.?Tho Evening Herald says: From the statements of a gentleman from Charleston, we oondense the follow? ing regsjding the cause of tbe would-be presentment of the grand jury to the United States Court. It would appear, from the statements mado by tho party referred to, that informal und gross prac? tices could be laid to the modo of prose? cutions by a certain Uaited States Com? missioner, suoh as having at his com? mand witnesses who made it their busi? ness to entrap the' unsuspooting in the manner desoribed in one of tho cases, as follows: It is said a colored man had a bottle of whiskey. On his way home, he meets two men who ask him for a drink, for whioh the latter induced him to take pay. A warrant is tbon issued by the Commissioner for the arrest of tho co? lored man, on a charge of selling whis? key without a license. The foos count up well for costs, and tbo number of oases of this kind made a large expense, whioh has attracted the attention of the authorities. The Commissioner has boon removed. The United States Marshal discharged a deputy who had boou used ip service of warrants, when tho ox-Com? missioner referred to employed two others; those last were notified by tho Marshal that fees upon any such ser? vices would not be paid, and it is said that 81,500 of snoh fees he actually re? fused and remain still unpaid, in his de? sire to keep the expenditures down, and from his belief that tbe oases were of a frivolous nature, or principally mado up in the manner named, for tbe parpose of charging the .fees. This is the gist of the reports as they come to us, aod we give them for what they may be worth, without comment. * ? ?+-* Id the Uuited States Court, Charles? ton, on the 16th, Mr. D. J. Winu was approved of as assigneo of AbBalom Wil? son, Benjamin Folson, John E. Brown and Edward Lt. Murray, bankrupts. Mr. Alexander H. Browu wis allowed $100 compensation iu tho case of Hutson Lee. Ei o o a 1 It ems Oitt Mattkbs.?The price of single copies of the Phcbnix is five oents. j Yesterday was a pleasant day?plenty of sun-shine. Old newspapers for aale at Phoenix office, at fifty cents a hundred. There were ten deaths in Columbia for the week ending May 17?whites five; oolored fire. The latest styles wedding and visiting oards and envelopes, tastily printed, can be obtained at tboYncENix office. Obituaries, tributes of respect, funeral invitations, etc., are obarged for as ad* rertisementa." Mesars. W. D. Love & Go. are out with "ohoioe additions," this morning. The "Grand Central" is a thriving con oern, and does a heavy business. Vegetables are. coming in now in pro? fusion, and Oapt. Stanley has the proper self-sealing oans for patting them ap for winter us**. Mr. Jaokson?G. F., we mean?is in earnest as to running off his goods at a low rate. He ezpeots to ohange his base in a short time, is the prime oause. Mr. John F. Sutphen, of Excelsior Lodge of Good Templars, left for New berry, yesterday, to aid Mr. Irwin in the establishing of a lodge at that plaoe. A vermilliou colored dog attracted con? siderable attentson on Main street, yes? terday afternoon. Whether a lusus natures, or a dyed-in-the-wool animal, we are not prepared to say. A large number of postal cards have been received by the business men of the city during the past few day*. Post? master Wilder expects to ' have a supply next week. The legislative investigating commit? tee, to examine into the conduct of tbe Sinking Fund Commission, Senator Robert Smalls, Chairman, met yesterday morning. Nothing was done, pending the absence of the Attorney-General. This morning is the time set for the appearance of the polioe force, in this oity, with their new Bummer uniforms. Tbey are of flannel, look neat, and were manufactured under tho oare of Alder? man Mi tob oil. Judge Cooko refused to allow County Treasurer Allen to be released on bail daring the interval between the adjourn? ment of. the Circuit Court of Greenville and the assembling of tbe Saprcme Court, to bear an appeal. Mr. Galnjn advertises Milbura wa? gons, for two, three and four horses. They are neat ami substantial?just the things for service. . Call at tbe carriage faotory of Mr. John Agnow. corner of Samter and Washington streets. The annual meeting of the Capital Building and Loan Association will be held on Tuesday evening next, May 20. The eleotion of officers for the ensuing year is to oonie off at that time, so that a punctual attendance is desirable. Comptroller-General Hoge's office is in perfect trim?the work of improvement having boon oomplete.l. His books are in apple-pio order, as all who have busi? ness there will testify to. Captain Jack Little is his right-hand man. In tho case of the State agiinst G. L. Butler, obarged with the homicide of Butler Fair, colored, which was tried be? fore Judge Cooke, at Greenville, yester? day, the jury returned a verdiet of not guilty. Gem. M. C. Butler und OA J. S. Cothrau defended tho acoused. Iu accordance with the Aot of Con? gress, closing tho Assessor's Office and consolidating tho same, Assistant Asses? sor Georgo A. Darling, Acting Assessor of Internal Revenue for this District, will turn over the books und papers of his office to Collector Anderson, to-mor? row. The publicity given to messages writ? ten on postal cards may be avoided by the use of invisible ink, the direction to "hold to the fire .being writton in oom mon ink. This oheoks tho inquisitivo ness of post offlo o clerks, who havo not tho time to make application. Ia France invisible ink is sold for this purpose. Fiuo's hotel and saloon, opposite Par? ker's block, has undorgono a complete renovation and transformation, and may now truthfully claim to be the handsom? est establishment of the kind in tho State. Thero aro marble-top tables, counters and side-boards; large mirrors, beautiful chromos and olegant glniswaro in profusion, with a plentiful display of fluids, yclept oruato.ro comforts. Undo Sam's gridiron surmounts a flag-staff on the parapot of the building. AfAiii Arrangements.?The Northers mail open*: 6.80 A. M. and 3.00 P. M.; closes 8 P. M. and 11.00 A. M. Charles? ton day mail open6 G.15 P. M.; closes 6 A. M.; night opoos 7.00 A. M.; closes 6.15 P. M. Greonville opens 6.45 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 I1. M.; closes 10.30 A. M. On Sunday the office is open from 3 to 4 P. M. Firemen's Tournament.?Tue colored j firemen ex peat to have * gala tlmb ddrin?, tbe next few days. The Union Star, ot Charleston, -and tho Yellow Jacket, of Charlotte, will arrive thU afternoon, and Monday a?d^ue^dsywiU be kept up as a regular jollification. The Vigilante will receive them at the depots. . Sudden Death.?A private letter from Green vi II o states that Mr. Alexander Paine died suddenly in that town, on Thursday last, while seated at tbe din* nor table. Heart disease is believed to have been the oanse. He was a native of Greenville. The Qalaxy, for Jane, contains several articles of striking interest. Among them a spirited sketch of Loon Gam betta, the ardent French Republican; "Dr. Coau's Essay on tho Valne or Life;" Mr. Borroogh's light and entertaining article upon the pleasures and benefits of walking oat; "Gascon Stories;"-"Tbe Sweetheait of Monsieur Brisenx;" "A Fourfold Alibi." "The Man with the Iron Mask," reviews the immense array of books and essays written upon this subject within a century and a half, and patiently labors to prove that nono of them are correct. Tbe poetry of the number is as good as usual. Tho sci? entific and literary departments are full of interest. The Washington and Lee University. General R. D. Lilley, the agent of this celebrated and truly venerable institute, is now in tins State, for the purpo6o of receiving subscriptions to an endowment for a South Carolina Chair. It was sug? gested by General Lee, in his. lifetime, that the gonerons disposition mauifestty) to permanently endow this institution oonld bo ruobt graciously accomplished by the people of each State contributing to endow therein a special chair to bear the State name. Kentucky at once re? sponded and established the "Kentucky Chair of History and Political Economy," now filled by Colonel William Preston Johnston, son of General Albert Sidney Johnston. Missouri followed and has secured tho "Missouri Chair of Applied Chemistry." Louisiaua is rapidly pro? viding an eudowment for the "Louisiana Chair of Modern Languages," and Texas for the "Texas Chair of Applied Matho matics." Tennessee, Georgia, Florida and other States are engaged in the same gracious work. General Lilley met with great success iu Charleston, as the list of subscriptions published several days ago, gives avidenoe. Tbe following has been pledged in Colombia: General M. C. Butler, $250; Edward Hope, $250; W. C. Swaffield, $250; Colonel F. W. MoMaster, $250; Captain R. O'Neale, $250; J. P. Southern, $250; O. H. Miot, $250; Geo. Symmers, $250; Colonel W. H. Wallace, $250; B. F. Whitner, $250; General J. D. Kennedy, $250; Captain W. K. Bach man, $250; Dr. J, W. Parker, 250; Capt Hugh S. Thompson, 250; Dr. B. W. Taylor, 250; E. Stonhonse, annually, $10. The following are additional subscrip? tions from Charleston: Major G. 8. Cameron, $250; Colonel H.H. Raymond, $250; W. B. Shaw, annually, $10. Dr. W. F. Birton, Orangeburg, ?250. Theoiroular ou this subject states: Washington College, (Virginia,) en? dowed by George Washington and the officers and soldiers of the Revolution, has, under its late President, Gon. R. E Lee, expanded into a full university; and in token thereof, tbo Virginia Legisla? ture, by recent enactment, obanged its corporate title to "Washington and Loo University," thus fitly blending for all time tbe name of its greatest benefactors. Tbo university is located in a beautiful country and healthful climate; has more than twenty professors and instructors, men of high character and attainments, and a patronage of nearly 350?all tbo Southern and u number of tbe Northern States being represented. It is not sub? ject to political influences, having its own board of trustees, which is self-per? petuating; is not under tho control of any religious denomination, though great importance is attached to tbe moral and religious training of tho studeuts. Its endowment fund of $250,000, and its buildings, libraries, apparatus and real estate, make an aggregate capital of nearly half a million dollars. It is upou this solid basis that the people of each Stute uro invited in endowing a profes? sorship to bear tbe name of tboir State, and to' aid iu establishing a complete university, furnished with all the appli? ances for imparting thorough instruction iu auy of the departments of learning. Tho sum of $50,000, as an average, is desired for tho permanent endowment of a chair. This amount may bo raised by tbo peopio of a State, by the purchase of "scholarships" iu tho university, and by direct contribution. A person contri? buting $250 receives an engraved "cer? tificate of scholarship," with four cou? pons attached, transferable by delivery, and entitliug tbe bearer to four years, of "tuition and college fees," (otherwise costing over $100.) A contribution of $500 entitles to a "oortifioate," with teu suoh coupons; and $1,000 to twenty-four coupons. These oocpons, after their re? spective dates, are redeemable in tuition and matrioulation fees whenever pre? sented, without limitation as to time Contributors, where they prefer it, can make their payments in installments; but a "certificate of scholarship" is not issued until so much of tho subscription as equals tho cost of a scholarship has been paid. Geu. G. W. Custis Lee is tbe President. Bkwoiocs Services THIS Day..?Tri? nity Ohuroh?Rev. Peter J. Sband, 10}? SSE and 6 P?M. ^GatholioOtoiroh?Bev. J.L Fullertoq, First Mass, at 7 A. M.; Second Mas* at 10 A. M.; Vespers at 4U P. M. \ ?Baptist Ohuroh?Bev. J. E. Menden hall, 11 A. M. and 8 P. M. Sunday School, 9 A. M. Presbyterian Cburcb?Services at 11 A. M. and 1% P. M. Lutheran Ohuroh?Bev. G. A. Hough, 10>$ A. M. Asylum?Bev. D. Derrick, 9 A. M. Washington Street Ohuroh?Bev. O. A. Darby, 11 A. M. and 5 P. M. Marion Street Ohuroh?Bev. W. D. Kirkland. 10>? A. M. and 8 P. M. Sun? day School, 9 A. M. Important Cask ?A very important oase came up before his Honor Judge Carpenter, on Friday, one that involved a very uioe question. It wes the case of Niles G. Parker vs. B. J. Donaldson?a sait od promissory note, where defend? ant had given a note of baud for u Comptroller-General's warrant. Tho Judge held that State warrants were not negotiable, and consequently, no con? sideration was given for the note. Ver? dict for defendant. According to this construction no one can get money upon State waarants but the party in whose name said warrants are drawn. Phcenixiana.?Tbe back pay conun? drum?Give it up. Areal novelty?Finding eomethiog. Au opera singer's most treasured jewel?Her precious tones. Hens are not strata in winter?that i??, they are not regular layers. Sailor* calk to make a ship tight, and nucork to mako themselves tight. Many an old maid speaks easiest when her mouth's full?of slander, for in? stance. They have a young lady in Michigan who is so oouscioutions that she won't take a kiss without returning it. Science still flourishes. A very scien? tific physician, of Washington, an uoanoes that bald-beaded men die yoang. We never would have thought that bald-headed men had anything to dye. Probably the young oonverse tho statement is true, that people who dye their hair when young aro liable to be bald. Hotel ArrivaIjS, May 17.? Wieder House-T S Clarkson, C, C & B B; ST Payne, Md; N W Polk, Pa; B Orossby, England; J B Brown, N C; D E Gil ohriut, M J Gilohrist, Marion; S B Adams. Camden; T Thompson, Abbe? ville; A Brook, Md; E W Ferris, King stree; J H Counsolman, U S A; H L Kneeland, NY; W H Bradley, Ga; 8 B Goddard, wife, nurse and two ohildren. Miss B Frost, N Y; J R Mears, N P Eloherson, D T Corbin, W E Fisher, Charleston; J M Martin, Ga; DrS Anglo, Charlotte. Columbia Hotel?J M Seigier, G & C R B; John Smith, Williamson; J C Bulow, T L Bulow, Bidgeway; W J Sprinkle, S L Hall, city; J S Browning. J T New? man, J J Marrell, Oharieston; J H Lacey, Va; L B Bash, G W Bash, Delaware; G C Douglass, Ga; O P Gardner, Charles? ton; T Symnies, J W Parse, Boston; B B Crosdalo, Pa; W Cohen, Ga; J Pleger, Ohio; E Ham son and wife, New Jersey; C L B MarBh, G W Thames, Wilming? ton; J H Stelling, J H Houser, QiO? B. List op New Advertisements. Meeting Capital B. & L. Association. Meeting Board of Health. Notice. Stanley?Glass and Jars. Jacob Levin?Hay. W. D. Love & Co.?Cho'ce Additions. John Agoew?Wagons. J. D. B.iteman?Irish Potatoes. Jacob Levin?Gas-Light Bills. Ministers' Institute.?The sessions of tho Colored Baptist Ministers' Institute have been exceedingly interesting. Be? tween thirty and forty pastors from dif? ferent parts of the State are in attend? ance, nud three sessions a day have been held, nt all of which, Dr. Stone, of Ma? rietta, Ohio, has lectured in a familiar way, but his addresses aro exceedingly clear, logical and appropriate to his bearers. On Thurrdiiy, bis morning subject woe "Baptism." Yo&tcrday ? morning, his subject was "Tho Church?Its constitu? tion and officers, and their qualifica? tions, duties and powers." Every point, stop by stop, tho question was, "What docs the Scriptures teach on this point?" Tho cxeroisos were exceedingly interest? ing. Tho sessions closo lo-day. They huro all boon held in tho study room of tho Benedict Institute. Many clergy? men and others have visited the institute during these mooting?; among them, Bev. Dr. Reynolds, Bov. Dr. Furmau, Prof. Cnmmingn, Bev. J, K. Mondon hall ami others, Tho preaohers and those preparing for tho ministry mani? fest a deep interest in theso lectures, and aro certainly fortunate in being ablo to hear them. * It is well known that Benodiot Insti? tute was named after Deacon Benediot, of Bhodo Island, throagh whose libe? rality the property was purchased and devoted to its present purpose?that of a Baptist Theological Sohool. Although Deaoou Beuedict has died, his widow takes a deep intorest in the sohool, and has mado frequent donations to it. Yes? terday, Professor Dodge received a box from hor, containing, nmong other arti? cles, a qnantity.of bedding, books and a largo portrait of herself. She is a bono volent and noblo-looking lady. Tho portrait of her busband tho institution had before.?Columbia Union, 17th. Thb Tufpkb OAXDWKLti Homicide? Appeal por a New Trial ?Tbe Opart of General Sessions, Jadge Qerpent.t presiding, woe opened yesterday morn? ing, at 10 o'clock, for the purpose of bearing tbe arguments on tbe motion for anew trial in the case of Captain George Tapper, fonud guilty of arm sluagbter, last week. Some of the couo sol on both sides: being sbseut in attend? ance, at tbe Couit ia Greenville, by agreement tbo beating was postponed until 7 o'clock P. M. Mr. Yoamsas, for the prosecution, made tbe inquiry of the Judge regarding the custody of the pri? soner during tbe interim that has elapsed |sicoe his conviction, stating that he bad been informed that the prisoner had not been confined. The Judge aBked tbe Sheriff regarding the same. Tbe latter slated that he bad had a deputy with the prisoner day aud night, off and on. Mr. Trade well, the counsel for the defence, stated that he knew of no law to confine the prisoner to jail. The Jadge re? marked that the Sheriff was ex officio the jailor of the County, and he must con? fess that, in his mind, there was but one method for him to pursue after tbe con? viction. The Clerk was, therefore, or? dered to issue a rule against the Sheriff, to show cause why he should not be fined for contempt of court. The ser? vice of tbe same was made returnable next Wednesday. The Judge also in? quired regarding the order given by him to the Sheriff to keep the jury together or in charge, wheu they were not in their seats, duriug tbe progress of the trial, and ordered tbo Clerk to mako tbe proper entry upon the records regarding tbo Bam" order or its violation. The Court then adjourned until 7 o'olook. Upon re-assembling, at 7 o'clock, tbe Court annonncad its readiness to hear tbe motion of tbo prisoner's counsel for a new trial. General M. C. Butler, in pursuance of arrangement, read the grounds upon which the motion for a new trial was based, whioh are aa followsr The counsel for the State will plea.e take notice that the motion will be made before his Honor Jadge Carpenter, at 12 o'clock M., on Saturday, the 10th instant, at bis chambers in Columbia, for a new trial iu the above case upon tho fellowiug grounds: * 1. Because his Honor erred? as it'is respectfully submitted?in this, that after four of the jarjmeu had beeu ordered to stand aside by the State, upon Jhe first call, iu permitting '.be State tu challenge, two of them peremptorily, without assignment of oause when they were re-culled and presented to the pri? soner to be Bworn after the panel had beeu exhausted; and in permitting the State to challenge peremptorily'one . of these two after tie was re-cUlled, sworn upon his voir dire that he bad neither relationship, interest, bias or prejudice, or had expressed an opinion for or against tho prisoner. 2. Because the peremptory ohalleoge of two of tbe jurymen by the State,.as abovo set forth, is in derogation of the rights of the prisoner, as secured to him by the constitutions ot the State and of the United States. 3. Bemuse of the irregular dispersion of tho jury and improper conduct of some membera of the pane*, during the progress of the trial after the adjourn? ment of the oourt, and their mingling promiscuously with the citizens of the city of Columbia, notwithstanding a positive order of bis Honor the presiding Judge that tboy should remain together, uuder tbo charge of an officer of the court. 4. Because one of the jurymen who was sworn and sat at the trial had ex? pressed an opinion before he was Bworn adversely to the prisoner, saying that he had made up his mind against him; whioh fact was not suspected or disco? vered until after the trial had made pro? gress. 5. Because his Honor erred, as it is respectfully submitted, in excluding from tbo stand a witness, whose testi? mony, important to the prisoner, had been discovered after the trial .com? menced, upon the ground that he hud been iu tho oourt room after tbo order bad boon made excluding witnesses from the presence of tho court while tho testi? mony was being taken. G. Beoauso evidence highly beneficial to tbe prisoner has been discovered since tbe termination of the trial. 7. Because tho verdict is contrary to tbo law and tho evidenco. The Judge stated that tbo Or t thing in order was the introduction of proof of tbo grounds which required it. Gen. Butler then proceeded to read the affidavit of Col. Wm. Wallace. Mr. You mans objected to tbo readiog of tho affidavit, ns no notico of tho same bud boon given to tbe prosecution; and farther, that tbe Circuit Court hud no power to grant a new trial in a criminal case. Tbe power did not exist anterior to 1SC3. If tbo defence establish the proposition that Circait Courts havo the power to graut now trials, it must be provou by the Constitution of 18C8, or Acts in pursuance thereof. If such bo tbe caso, it must be by provisions ia the oode. Ia further support of his objec? tions to tho power of the Circuit Oourt to grant new trials, he quoted from the code, and referred to New York deci? sions, and to Voree's New Sork code; and said that, assuming that tho Circait Court had jurisdiction of a motion for a new trial in a oriminal case, (whioh we dony,) your Honor must act in accord? ance with the oodo. He referred to Von Satford's Practice, 433, 431 and 439, showing that the moving party could not introduoe affidavits, unless notioe of the serving of the affidavits had been given. Wo submit that if your Honor rules that the Circait Court has jurisdiction of a motion for a new trial ia a criminal oase, no affidavit can bo read, unless a copy of the same has boon served upon tbo op mmmtMt?Mmttmmmmsm$mmtMmtt^^ poflite parly. These Affidavits , cannot, therefore, be presented. ? The Court decided] thai there'was no doubt as to its jurisdiction; but as to the notice, the object as to acquaint the parties with the nature of the affidavits; and if the State was taken by surprise, further time would be granted to pro oqje count er-affidavits. Oeo. Butler then read the officiant of Cob Wm. Wallaoe, acting forth that "during the trial of Capt.' George Top? per for the homioide or John D. Caid well, and after the Court bad ordered the jury to be placed in the custody of the Sheriff, he saw one x>f the jurors, Mr. Ehrlich, at large, in the street, unattend? ed by either Constable or Sheriff." The affidavit of Mr. Wm. Wallaoe, Jr.. sets forth that "on Thursday, the third day of the trial of Capt. George Tapper for the homioide of John D. Caldwell, be saw one of the jarors at the Colum? bia Hotel, unattended by either Consta? ble or Sheriff; and that on the morning of the same day, just before the meeting of the Court, he saw the- foreman of the jury, Green E. Williams, enter the court room, unattended by either Constable,or Sheriff, and hold a whispered conversa? tion with Mr. Janney, one of the pr?se outing attorneys; and heard a bystander remark, iu allusion to this conduct of the juror and counsel, that it was not giving the prisoner a fair trial." The affidavit of Mr. Warren Adams was objeoted to by Mr. Jauuey, on the ground that he had information that jt attaoked the conduct of a'juror; and that the juror bad not been aerred with a no? tice of the affidavit attacking his con? duct, but the Court decided that the offidavit was admis&able, and General Butler read it, as follows: "On the morning of Tuesday, the 6th instant, be? fore going iuto oourt, he heard Green K. Williams, one of the panel of jarors, say that he knew be would .be objected to, as he had made up his mind, and bad so expressed himself in the presence of one of the counsel for the defence, iu the case of the State against Oeo. Tapper." The affidavit of Dr. George "8 Treze vant was read, as follows: "Being a warm personal friend of the late John D. Cald well, npon hearing of his death, on the 21st of September, 1872, he proceed? ed to visit his remains; and after the post mortem had been made by Drs. Talley and Darby, having carried the re? mains home, in* dressing the body, he observed the marks of violence on.his throat and forehead. The marks on the throat were one on the left and three ou the right; such as would be, mado by the grasp of the left band of. a man oppoeed to him. The marks ou 'the -forehead were on both sides of the head.1" . . The prosecution, then submitted tho affidavit of Mr. Green K. Williams, ,in regard to bis conduct as set forth in tie affidavit Of Mr. Warrun ,Adains.; ,';.It stated, in substance, that, at 10 o'clock, on Tuesday morning, /the,6tb instant, whilo in' rear of Mr .* DeSauaaure'a .law office, within bearing of General Butler, be expressed, iu a loud tone, the, hope that he would not be put on the jury,.as be bad made up his mind in regard to the oaso to be tried; but that this expres? sion was not used as matter of fact; that it was for the purpose of being heard by General Butler, so aa to escape service on tbejary; that he had not made up his mind, and that he went on the jnry without any prejudice or bias against the prisoner. Mr. Janney was called to the stand by Mr. You mans. Mr. Youmans?You have beard the affidavit of Mr. Wm. Wallace, Jr., aa to a whispered conversation which you held with a juror in the court room; will you please state that conversation? General Butler objected to the intro? duction of> the conversation itself; and claimed that Mr. Janney should only deny or admit having held the same. The Conrt decided the conversation as important, and Mr. Janney said: On the morning of the seooad or third day of the trial, Mr. Green K. Williams asked m?i who was to be foreman of the jury. I told him that I did not know, but presumed that the Judge would al? low them to elect iijeir foreman after re? tiring. That was all of the conversa? tion; and it was not whispered. The arguments of counsel in support of their points wae next in order, but owing to the lateness, of the hour at which the Court adjourned, and the nu I merous authorities cited on either side, we are enabled to give but a faint out? line of the mauher ifi; wfittoh they pre? sented their views to the,'-consideration of the Court. ' 11 - V 1* " Mr. Tradewell argued in support of the first and second grounds upou which the motion for ft new* trial was based, but principally the first. He said/that the State has a right to challenge, is undis? puted, as equally the right of the pri? soner. Under the General Statutes of 1871 the State has the right to object to two jurors, while the prisoner has tho right to object to twenty. ' The State cnu only challenge for oause. and the cause should be given at tho time of challenge. He read from 33d Statutes of Edward I, 2d McC?rde, 553, and numerous other authorities iu support of bis view that the Judge errod iu allowing the State to challenge two of the jurors when re? called, after the panel had been ex? hausted, they having been ordered to stand aside on the first call. As to the disqualification of a juror, who had formed an opinion, he read from the Burr trial. .Chief Juatioe Marshall Baid the object is that the trial shall be im? partial. If an opinion, expressed before the trial, is not strong, and not formed from personal prejudice or ill-will, the juror is a fair one, as bis mind is pre? pared to receive farther Impressions; but he is peculiarly objectionable if he has expressed au opinion after having heard a portion of the evidence during tho trial. Ho read from other authorities to show that the right of peremptory chal? lenge, though granted to the prisoner, is denied to the State. The State can challenge after the panel is gone through with, and thereupon showing cause. He