The daily phoenix. (Columbia, S.C.) 1865-1878, May 18, 1873, Image 3
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