The daily phoenix. (Columbia, S.C.) 1865-1878, July 16, 1875, Image 2
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.