University of South Carolina Libraries
COLUMBIA, S. C. JFriday Morning:, July 16, 1875. .Terrible Reports from Fraxce.?The (news we get from France, with regard to the recent floods, is heart-rending, and is perhaps without a parallel in the his? tory of tho world. Wo talk about the floods which havo swept over certain portions of tho American continent, and of the awful destruction in their path? way, laying waste houses, and barns, and crops, but thoy dwindle into insignifi? cance when compared with the calami? ties which havo befallen France. Hero the wholo country is desolated for miles and miles. Fields that yesterday wore smiling with the richest productions and promising a fair reward to unceasing . toil, are to-day a scono of destruction. ' The names of hundreds of human beings ;rire swept away. Toulouse, a pros? perous city, and tho prido and glory of France, is in a wretched condition. One-fourth of her dwellings are gone. Before relief could come, so sudden --was the avalanche of waters, scores and scores of tho peasants wero drowned. In tho rural districts, tho farmers, with their wives and children, Bought safety on tho house-tops, but wero finally car? ried away by tho angry waters. Bridges, . towns and villages and crops were alike disregarded in tho general rush of tko flood. All this happens at an inauspi? cious hour, for there is no time now to put out fresh crops. Hence there is in stcre for the people of Franco much suf? fering. Further news shows that the -country of the Garonne does not alono suffer. The Burgundy Distriot, near Alaoon?where the best Burgundy is grown?has been laid waste for about . twenty-five milos. This is a rich, ripe ? country, representing one of the noblest districts in France. We learn that fine /wheat and vine crops have been de , irtxoyed. U?he Cuban War.?Stilll goes on the . slaughter in tho "Ever Faithful Isle," and at no period has tho struggle been <eo fierce or waged over such a vast ex tent of territory. Vulmaseda, notwith? standing his boasting proclamation, .makes no real headway. Now and then his troops manage to kill an odd rebol of ?omo importance, but it does not seem to affect tho Cuban cause. Other leaders, more formidable and active, spring up to take the place of those who fall. The Cuban forces, too, though constantly cut to pieces in the Spanish b ulletins, grow stronger and more audacious after each defeat. Instead of swooping tho rebels eeffoss the trocha in fifteen days, as Val m use da rashly promised, ho is still pelt? ing them with paper proclamations from behind his intrenchmcnts. But, strange? ly enough, the rebels no longer melt away before tho terror of Valmaseda's ?mime. On the contrary, they raid up to his guns and invite him to combat?an invitation he answers by a proclamation calling on them to come in and surren? der. He is the great Spanish showman, and like a clown at a fair, he constantly informs the Cuban rebels that "now is the time to walk in and see the great show?tho triumph of peace." But the rebels simply carry out their policy of fighting and flying, knowing well that thej' have only to hold out long enough and that Spain will be forced to let go her grip of Cuba from sheer inability to hold on. ? ?-??? The demonstration made by Plymouth church, in voting Mr. Beecher a salary of $100,000 for his pastoral services, does not meet with approval in any quarter. Of courso tho purpose of this enormous stipend is to defray the expenses of the trial, but, as the Chicago Tribune propor ly says, it would havo been in better taste to havo put it plainly in that shape, instead of calling it salary, which implies that a preacher, not yet vindicated from a chargo of aduletry, is five times as valu? able to his flock as he was beforo his reputation was called in question. It would have looked better to have raised the money by private contribution. AlAVAXS in DEMAKD.?Few industries have felt the late dull times so little as tho Fairbanks Scale Works at St. Johns bury, Vt. During tho past six months thoy havo manufactured nearly 28,000 scales, showing an increase in produc? tion of 20 por cent, over corresponding timo last year, and the foreign domand for their scales has nevor boon so largo as at tho present timo. Wo understand that Mossrs. Fairbanks & Co. have re? cently gotten up a cotton beam, with .frame, hooks, Ac., complete, made in tho best manner, which thoy are offering at n low figure. Merchants would do well to inform themselves regarding them be-, fore purchasing. A Chicago inventor comes forward with n rival to tho Ke.oly motor, and has pro? gressed so far as to ho willing to state ! that by the, combination of air and water die has produced a pressure of 10,000 pounds to the square inch. City Items.?Windy again, yesterday, with indications of Prof. Tyson's cy? clone. Old newspapers, suitable for wrap? ping, at fifty cents a hundred. E3Any and every stylo of book and job printing executed promptly at Phoenix office. Material of every kind on band. Old typo in any quantity, at from twenty to thirty cents a pound, for sale at PmENix office. Subscribe for the PUCSXTX; have it re? gularly left at your residence, and don't dopond upon buying single copies or borrowing. Mr. F. Beard, of the Cnmden Gazelle, is in Columbia. His paper circulates extensively in that County. Advertisers know what that means. Wouldn't martins make a good pic? There are quantities of them about tho Columbia Hotel every evening, and such a thing is possible, that they could be put to some use. An error occurred in the proceedings of Council, as published yesterday. It should read: On motion Alderman Simons, the fur? ther consideration of tho ordinance to reduce the lioenso to retail liquoa, was deferred to next meeting. There is to bo another sale of lots in tho flourishing town of Seneca City, on the 12th August. Tho town is located at the junction of the Blue Bidge and Air Lino Railroads, and is rapidly improv? ing. It is a healthy situation. Messrs. Seibcls A Ezcll have the management of the sale. Columbia is about having a much needed want supplied?a ladies' and gentlemen's restaurant. Mrs. T. M. Pol? lock bos opened an establishment of this kind, to which she has added a confec? tionary and cako bakery. Ono of the extensivo store-rooms under tho Opera House has been fitted up for the pur? pose. Mr. James H. Simonson, of Union, ono of the so-called Ku Klux prisoners, arrived in Columbia, yesterday, on his way home, from an imprisonment of three years and a half in tho Albany Penitentiary. Ho speaks in the highest terms of the kind treatment thoy re? ceived from Gov8. Hoffman and Tilden; but says Gov. Dix allowed his political prejudices to run too far. Mr. S. says there arc a great many unfortunates still within the prison walls. Tho Northern people generally, bo says, treated them remarkably woll. ? ?*? ? ? Death of an Old Resident.? C. V. Carrington, Esq., who has been a resi? dent of Columbia for thirty-seven years, departed this life, yesterday morning. He was engaged in mercantile pursuits for a length of time, but for twenty-five years has been connected with the Green? ville and Columbia Railroad in an offi? cial capacity?at the timo of his death being Auditor and Treasurer. His age was sixty years, and his birth-place Royalton, Yt. Mr. Cnrrington loaves a wife, children, grand-children and other relatives and friends to lament his de? cease. The funeral services will be held in Trinity Church, to-morrow. Reduction of SuBscmmoN.?The Weekly Gleaner, a large family paper, containing from thirty to forty-eight columns of clo.sely printed reading mat? ter, will bo furnished from this date at tho low price of $2 per annum, postage included. Old subscribers will have the lime extended in proportion. Tho desire is to furnish a good readable weekly journal at a low rate to every family within tho State. Tho Gleaner is issued every Wednesday, and will contain tho latest telegmms to date of publication. Specimens furnished. Sltreme Court, July 15.?The Court met at 10 A. M. Present?Chief Justice Moses and Associate Justice Wright. F. W. McMoster, administrator, op pellant, vs. Mrs. Agnes Talley, adminis? tratrix, respondent. On motion of Messrs. Melton A Clark, for respondent, time extended to August 1 to submit argu? ments. Et parle D. Augustus Strokor. Peti? tion for admission to practice. On mo? tion of Mr. Elliott, for petitioner, the petition was granted, and Mr. Strokor sworn and enrolled as an attorney, soli? citor and counsellor of tho Supremo Court of South Carolina. Ex parte Thos. C. Dunn, Comptroller General of South Carolina, appellant, in re Hand vs. South Carolina Railroad Company et al. Motion to docket appeal for hoaring at present term. Mr. Stone was hoard for appollant. Motion granted. Appeal docketed for hearing on Friday, 23d inst., 11 A. M. Tho Court called tbo attention of tho members of tho bar to tho 2-ith Rule of Court, which is as follows: No motion will bo heard by tho Conrt or by cither of the Justices at chambers, on written application. If tho counsel of record cannot attend, tho motion must be submitted by counsel represent? ing them. I \\ . * U> At I P, M.,'the Court adjournedVntil Friday, 23d, 11 A. M. I Extba Term Court of Common Fleas? The Parker Trial?Conclusion of Col. Bion'b Argument?Mr. L. F. Youmans Begins the Argument fob the Defence. Tho Court met at 9 A. M., yosterday. Col. Bion, after alluding to the propo? sition ho was arguing, BaiS that tho plaintiff had proved that Parker had re? ceipted to Kimpton for 8450,000 of cou? pons which Mr. Cardozo sworo wero never turned over to him; that Parker had been proved to have had in his pos? session a large amount of coupons by the uncontradicted testimony of the plaintiff; that Parker had got Y. J. P. Owens to fund these identical coupons for him; that both Scott and Thompson saw him in possession of the funding bonds which Owens had received for these very coupons: of all the coupons which havo been funded, Owens, as agent, funded all but 6C9 of them, lie thon said: "With these facts before you, / care not v-hal Influence has been brought (o bear upon tiro of you, yon cannot fail to find a verdict for the plaintiff, and face your fettoa-mtn." He thon said, if tho jury was not too tired of that camel, ho would trot him out again; ho would put them on another truck; of a!! tho bonds that were then out, the SI,(MM) coupons of all called for $:10, except the coupons on the bonds for the relief of the treasury, and they being 7 per cent, bonds, called for $35; tho jury would suppose that Parker, when hidden in the obsenrity and secrecy of his pri? vate office, with all these bonds and coupons before him, and no eye save that of One who will never tes? tify against him on this earth, watching him, would select those coupons of the greatest value; these Were ruby and sap? phire stones before*him, and diamonds, also; he took some of the rubies and sapphires, but he took every ono of tho diamonds; tho camel took a greedy bite; ho showed by taking all of these $35 coupons?tho diamonds of the set?that ho was no fool; that in respect to sense, at least, ho was fit to be Treasurer of tho State of South.Carolina; and the records show that Owens funded them all. Tho jury could not meet this fact with n verdict for tho defendant, and meet their fellow-men face t? face; thero was another track also; they say that these coupons wero fixed up, that they wero not honestly charged upon the books and put in the boxes, in Parker's five boxes, all of the coupons of every class; the numbers on tho outside show a deficiency, by actual count, of $28,918; this was a big track; this was proved by positive testimony?by actual count To sum up: The plaintiff has proved that Parker had $250,000 of coupons after he loft tho treasury; that he could not have got them in any other way than by un? lawfully taking them from the treasury; that he funded thoso identical coupons through Owens, as agent; that he after? wards had some of the same bonds that Owens had funded; that there had boon fraud, shown by direct and positive proof; that Parker had mis-stated the in terost account in order to cover up the $150,000 of coupons ho had taken from tho treasury; that Parker had manipu? lated tho boxes and had accidentally put in Kiinpton's boxes coupons of bonds which were then due, and one coupon which had been put away as a voucher on the consolida? tion issue, and had tried to pass them us coupons which had fallen due outside of tho treasury, and which had been paid by Kimpton and taken up; that there was a deficit of $229,009 of coupons in his own boxes; that, according to the correct statement of interest of the public debt, made by Dunn, which fixed it at some? thing over $8,000, these coupons left in these boxes could not have been in exist? ence in October, 1871, and were not, therefore, chargeable as interest due by tho State; that in one of Parker's own boxes there were three packages marked in his own handwriting, containing cou? pons of the $101,000 bonds which must have boon cut off by him, and also with other bonds a liko state of facts existed; that in the boxes whieh he had receipted to Kimpton for, and which Parker had ordered not to bo cancelled, but to bo put in his private safe, there was a de? ficit of $150,000; that all of the $30 cou? pons were missing from the treasury and had been funded by Owens. Hence, ho claimed that tho Stato had proved its case by positive testimony and in several independent ways, with unwilling wit? nesses and books that experts could not understand; with the wear of time, wash? ing for years over the track thoy wero trying to follow, with clues as fine some? times as a spider's web, thoy had proved their case, and now asked a verdict at their hands for $225,000, tho amount of coupons which had been abstracted from the treasury. Ho thanked the jury for their patienco and attention. Mr. Youmans, counsel for the defence, then said that when legal proceedings kept tho even tenor of their way and run thoir legal, proper and normal course, a defendant was not subjected to greater hardships and inconvenienoes and risks than those that wero proved against him in the trial. He called attention to tho long list of innocent people who had been convicted in the past, and which convictions wero regretfully recorded in the books; he alluded to the difficulties that had besot the defendant; he would first brush away these cobwebs, which hung like mists and fogs aboutthecaso? would first remove from tho balance of justice some of thoso foreign weights that wore already there. Ho then spoke of ParkcT's arrest and the excessivo bail required, of the money stringency, of breaking banks and tho difficulty of mooting charges for things whioh had happened years ago; he said that Dnun. Onvendor, Noah and Fillebrq*ra?rTro, Blanche and Sweothcart?were buiy in tho Capitol, which was visiblOj-ritoib .the defendant'a prison walls, spending days and days pursuing him; and in' tfte exa J minatlon of tho books and vouchers to which his cruel persecutors by their im? prisonment of him hiul denied him access. Hu then alluded to the harsh? ness of keeping the defendant in jail, when he was ready for trial at the last term of the Court, and at this late day, by the courtesy of the Court to the At? torney-General, be was, with blanched cheeks and silvering hair, permitted to come before the jury on trial, all because Kimpton's testimony had not been taken at tho last term; he had been subjected in tho meantime to the most pitiless abuse from the ablest papers in the State; slander had killed more than swords. J. Q. Adams was elected Presi? dent of the United States by the casting vote of Henry Clay, and when he ap? pointed Mr. Clay to the office of Secretary of State in his Cabinet, the Democratic press belchod forth its abuse and charges of corruption, driving Adams from the Presidential chair and forever blasting the hope of Mr. Clay, the idol of the West, for future national political pre? ferment. The defendant had been living in bleak and uncarpeted rooms, but the press of tho Stato had represented him as living in almost Oriental luxury, in order to honnd on the jury and the pro? secution; even tho lawyers for the de? fence had been at tucked; he said that if newspapers, judges, society or anything else were to dictate to lawyers their duty toward thoso who desired their assist? ance, the profession was no longer ho? norable; they have stuck every pin in a sensitive skin that they could, in order that, by accusing the Attorney-General of slackness, they might hound him on to the prosecution of this case; he said that this prosecution of Parker was more than a prosecution, it was a persecu? tion?heartless, relentless, malignant and mean. He then read the complaint, and compared its allegations with the proof; he suid that Kimpton's name did not occur in it anywhere; Dunn, the Ajax Tealamon of this prosecution, had fixed this excessive bail, and he proposed to give him the full benefit of all his posi? tion entitled him to; ho then re-ad Dunn's affidavit, swearing that Parker was going to leave the State, Ac.; said the affidavit and the proof differed; Dunn swore to one state of facts and then went on the stand and proved another; both about "tarred fingers" and "infernal camels," where has the jury ever seen anything to equal this proceeding of Dunn's, their principal witness; he then criticized the opening remarks of the Attorney-Gene? ral to tho jury; he said that whenever he got into a bad fix, he invoked the Repub? lican party and cries out, "Help me, Cas? sias, or I sink;" when the Attorney General said that he did not altogether understand this case, he knew in his ov.r heart that Parker was innocent; he is too .skillful a swordsman, when he knew that he was sure to win, to put vcaom on tho blade; hence his invoca? tion of the Republican party; he said thnt Parker had been a Republican long before many that now cry him down; thnt be was n Republican when no man in the State would have dared proclaim his Republicanism; that the defendant hnd offered no testimony in his own be half, hoping thereby to get the reply to the plaintiff's counsel, and because they believed that the State had not made out its case; he would rely in his argument on principles of law and portions of the plaintiff's testimony for the defendant; he believes in the trial by jury; that as much ns it might suit people in power to single out certain indi? viduals to persecute for political pur? poses or to furrther tho political aspirations of a few men, if the jury was true to itself all these efforts of arbitrary powt r are futile and of no avail; if they believed Parker innocent, they should sny so. He then read the amended com? plaint in which Kimpton's name is men? tioned; the case is altered; the testi? mony proves something else; could the jury believe witnesses that would make such mistakes as Dunn had made? He then read tho sworn answer of tho de? fendant, and said that the law did not require him to cancel coupons; that the cause of action did not arise within four years from the commensement of this notion; that they could not defend Par? ker's whole life; "be thou chaste as snow thou canst not escape calumny," says the great master of human nature; but he could prove that Parker in this case is innocent, and that the Stato bad not made out its case against him. He said that Parker did keep a memorandum of tho bonds sold, Ac, but it was stolen; ho thought that tho Secretary of State had kept a record ot the bonds sealed in his office; be then referred to the hostile verdict of English juries in times past. He said that Scott had said that the cou? pons wore ho much alike that he could not toll which bonds thoy belonged to; ho said that tho classification of the bonds into regular or irregular, or red and blue, was by plaintiffs testimony admitted to havo ' ecu an arbitrary diversion, and that U v. Scott had said that the blue conversion bonds were as regular as tho red; that some of Stale's witnesses could not tell which bonds were issued first, tho bluo or the red; Cardozo had said that ho could not tell the paid from tho unpaid coupons, tho canceled from tho uncancelod, and Mr. Cardozo has actual? ly found two packages of coupons in the vaults of the treasury since this suit be? gan; by thoJState's own testimony, there is a mass of coupons in the treasury that have nevor been examined; notonosin 51o witness of all that the State had pro uced could swear that a thorough and complcto examination of tho vaults of the treasury had been made; if these two packages bad been found already and no examination bad been mado, how could the jury say that theso very cou? pons, which tho State charges Parker with having abstracted, are not now in tho vaults of tho treasury undiscovered? Why did they not examino into this, having boon so zealous in hunting out everything that tended against Parker? Thoy had found that Parker had put $'2S,000 of coupons in one box by mis Ulke. How could they tell but what every coupon tho State charges him with having embezzled is not now in that treasury? Counsel said that two interest accounts had been made, one by the plaintiff and one by tho defendant*. He then proceeded to show that the defend ant's interest account was the true and proper one; he said that the theory the plaintiff had to adopt to prove its inte? rest account was a slander and a libel on human nature; that to s-ppose that men wero universally actuated by their pecu? niary interests was a low and contemptible view to take of human nature; the plain titf's counsel allege that all the legally outstanding coupons were pr.-st nted and paid because they were payable in gold, while he said that the very fact that these coupons were payable in gold, and be? cause the holders of them knew they were certain to be paid when presented, thoy were held back by their owners; they fclt^sceurc, and this little paper slip was to its owner as good as thirty gold dollars; he said that some of the coupons the plaintiff had said were invalid were valid, and that their classification, like the classification of tho blue and no-com? mission bonds, was arbitrary and theo? retical; he then read tho Act validating the blue commission bonds, and expa? tiated on the reasons set out in the pre? amble of the Act; he said that when an issue was made by the Comptroller-Gen? eral, (H?ge,") backed by tho Attorney General, in the Morton-Bliss moMlamus case, the Supreme Court of the State had decided that they were constitutional, and a valid obligation of the State; he ! then rend the duties of the Treasurer, the checks tho law puts upon him, Ac; he said that men high in favor with the Republican party, such as Hayne, Hau? sier and Rainey, had examined Barker's books prior to and during 1872, and had endorsed them, and reported to the Legislature that they were all right; that everything corresponded and was cor? rect; yet, that three years later, this charge </f corruption and abstracting coupons in made; he then read to the jury from Starkie's Law of Evidence on circumstantial testimony; he said the plaintiff's circumstantial testimony was insufficient; the jury must have as strong circumstantial testimony in this civil case, where embezzlement is charged, as they would if it were a criminal prosecu? tion for grand larceny; he defined embez? zlement; as to the direct testimony, what did it ail amount to? their strongest wit? ness?their mere lad (Ladd)?who had furnished the Stato the keystone in this case, had testified that ho know nothing, cither of his own knowledge or from anything Parker had told him, of Par? ker's having abstracted any bonds or coupons from tho treasury; he then called attention to the uncertainty of Ladd's account of the conversation of May, 1873, in Parker's dining room; he said, take the whole of his testimony, without the change of tho dot of an i or the cross of a /, and the most direct proof the State hud produced was wholly insufficient, becauso of its vagueness and uncertainty; what settlement did Ladd refer to? according to his testi? mony, the settlement at which ho got all these S100,000 coupons from Kimpton was in New York, while the plaintiff, relying on this same testimony, have all along supposed it to have been made in Columbia; could they lind tfi verdict on any such proof as that? Could not Par? ker, as an individual, have bought all these coupons Ladd saw from other dealers in stocks, Ac? suppose, for ar? gument's sake, that a ring had been formed to buy up these coupons, is there anything morally wrong in that? suppose Parker did not want it publicly known that he owned so much property, does every one parade his financial affairs be? fore the world? Parker did ask Ladd in his letter not to mention that the cou? pons he was to have funded belonged to him, but this was because, as he says in the letter, ho has fought the funding matter from the beginning, and Mr. Cardozo, who claims the paternity of the whole funding scheme, was not friend? ly towards him; and, besides, Owens was net the only one who, as agent, had cou? pons! funded; Mr. Zoaly, of the Bank and Trust Company, had a large amount funded as agent. Ho then read from the Arabian Nights tho story in part imper? fectly given by Col. Rion the previous day, and said that tho camel's right eye was blind inste>ad of the left, as Col. Rion had quotod it. Ho. then, in the same terms, characterized Ladd's testimony as the most ungrateful of acts, thanked the jury and closed as tho clock struck 3 P. M. Tho Court called tho attention of the jury to Col. Rion's remarks about in? fluence that had been brought to bear on two of them; said that they must avoid tho appearance of improper con? duct; that the birds might fly over them but they could prevent their building nests in their hair; he again admonished them ot what was proper for them to do, and concluded by saying that he had every confidence in the jury. The Court then adjourned until 10 o'clock, this morning. ??* ? List of New Advertisements. Statement Central National Bank. I Information Wonted. I Fairbanks' Scales. I Seibels A Ezell?Lots for Sale. Spartanburg and Ashovillc R. R. Co. It is astonishing to find how many pcoplo havo been possessed of Keely's secret sinco that gentleman has an nonncd his intention to run a train from Philadelphia to Now York with a few drops'of water. No less than a tlozen parties havo written to different papers within tho last week or two, stating that they have had maohinos in embryo at least which are to be worked by tho sanio mysterious process. Mrs. Dunn, wife ?f a laborer in Lowell, Mass., was kicked to death recently by hor husband, during a drunken fit. He wanted money from ner but was refused. Dunn is under arrest.