THE IIOHltV IIEl'A LI). I r ^ Kntorod at tho Post Olltco at Conway s?'o*?nd yjia^a m-ittor.) V CO3SrT7^"^."^\ s. o. IW^ TlirusDAV, SKPT. 22, 1881. iUM.I I II II II I III- II IIBIIf P III I ? Ulllll I <^<)rr4ks|><>iist. of nloasuro and a clianoo o! air and soonory, on a visit to tin* oanitol of llio Stuto. Wo reached Uhadbourn about '1 o'clock 1*. M. and spoilt tho time wliilo waiting for tlio train very pleasantly by calling on an old acquaintance of childhood days. I'll? trip from Chadbourn to Columbia is extremely tiresome. In time past there was a waitmo room at Florence for the accommodation of the traveling public, but it having boon consumed by fire little more than a month ajro, von now take it yawning on a boor crate ; on the platform or an oil barrel, if it is handier waiting for the cars! from 12 to ?1:510 o'clock A. M., at the same time miardin?r an arm full of 1 n o bajr^a, ? iit ii> wc win mivi* | tlie pleasure of meeting you again in the near futi'ire. The most remarkable feature wo noticed was the number of maimed and deformed people; and all sorts imag'liable, froiiiwi cork nose to a body without limbs. We saw a i "thing,11 too, with a suit of clothes j on, and a pair of lone ears protruding from a wide white collar, and when we went "round on the other side1 i to look at it, it was exactly like one of Puck's picture of Field, and we thought we would ask him if he was! the same, but not being acquainted with him we feared it might olTend i n 1.;,.. i?..? o ... i ....... uub niH'Liin ooscrvauon re-| voaled the fact that it was 0110 of the n to Columbia. I)kiii?v. From Sterritts Swamp. Knrroi; Ifouitv Hk?am>: Ah I am a novice in writing for the press, I will not occupy much space, in the columns of your paper. I havo road with interest, the columns devoted to correspondence. Some writers speak of fine crops -others give glowing descriptions of ^ y, ALI i i * ? % mountainous seonory. Ono writer who is disposed to bo a littlo rornnntic, vividly describes a "Kish Krv" and ,tho oratid old ocean another eives a thrillino adventure with a bear. All present to the mind of the reader, the aspect, and condition of tlun?*s, from the mountains, to the sea board; but I have seen nothing to count the record of I). W. Oliver, Sr., who (upon his own authority) has kilio 1 deer, 2?">() bear. .">()() wild cats, and snakes innumerable. Mr. Oliver, will be S'-i years of acr, next March. 11 ?* says, if his eye sioht had not failed, he could run a mile now t ol?........ I "'""'K'''I | in plans was made. It wwus deeid- ! I c(l to concontrato all forces towards ! grading in the swamps and putting in the foundations for the trestles. According!v, (Jrantsville was made the heado uarters of the force and 200 men have l>een working in Poplar, Brown and ('ral)tree swamps, and ! the various smaller branches anil bays for the last ten days. At present time the mudsills, foundation of the trestles, are in ; every place where there will have to1 be an opening under the track between I YivetPs and Conway, and the I worst of the embankments have been i thrown up, leaving only hioh-land J ^radintf to lie done, and as the country south of Poplar is more level than that traversed previously, not much oradmo is to be done now. This is very desirable as it is very j 11111< ii11 worUinir in wet plaeos when it is cold. Tin* liii(\ as (itin 11 y located, cours-1 os from Mr. W. II. l'ri volt's swamp place without curving, across I'oplnr, ruiiiiinir across Ilonry .Ionian's laml to the road rt.iiniiifr from I'oplar eh ireli in thai soetion, wlioro a sliodit P> curve to tin* rijdit is made, tlion it rims through the Hickman land into Mrs. Andersons land cominir to the i plaveard road just south of lior stahlos, wlioro a curve to tho left is made, and from this point tho lino ...oll.llu I 1 I 1 1 - .MI..I..LIP lilt; IUII'1, ill III* |liui;u l)ri!lK T or AC?JVTTA L !> st.ito. II. Tl??? coroner's jury having rc;u 'i? ?I ji verdict eharoino u particular person with having committed the homicide, it remains f ?r that officer to issue his warrant and place the same in the hands of the ollicer of the law for execution. It is needloss to say that the warrant should ho at once issued and promptly executed. The accused having hoon arrested and imprisoned will, if able, at once employ counsel, who will proceed diligently to impure into the facts >f the ease, and, as a lirst monsure of relief to his client, will iir?>ii!iri> tl.f habeas corpus will sue for, HA 11.. As our Judges have been recently rather severely criticised bv the press of the State for so readily granting bail to prisoners charged with murder, in justice to them and for the information of the press and the people, I propose to review the law j bearing upon this branch of my subject. An extended review cannot be given in the space of a newspaper article, and 1 must, therefore, be I >ri??f. TIid Statute of Jilst Charles tlio Second, known as tlio Habeas (\>rpns Act, became tlio law of tlio liritisli Colonies, was specially adopted, as they becamo independent States, and is now, with perhaps sliolit alteration, the law of all the States of, this Union. Under this statute i every one committed under u criminal eliuroo is entitled to this writ, unless he or she stand committed "for felony (the punishment of which is death,) or treason, plainly expressed in the warrant of commitment, or unless charged as accessory before the fact to treason or felony (the punishment of which is death,) or with suspicion thereof, or unless chajred with suspicion of treason or felony, (which felony is putnishalile with death,) which shall be plainly expressed in tlio warrant of commitment It will be perceived that under this Act as now of force in this State, and as it has been from the bejrininjr of our existence as a ('oininon wealth, one committed for murder plainly and distinctly expressen in the wajriuit cannot demand even tlie writ of luiboas corpus as a mutter of right tnucJi less can ho demand hail. liy virtue, however, <>f llieir ^enoral jurisdiction and common law ; powers, the .Indies of old ICngland, and this country as woll, could grant the writ as a matter of grace in eases : of treason or capital felony, and after hearing nil the facts of the case, could trrant or refuse hail acconlinjr to the circumstances of the case made !>v the acoused. In the past history of tliis State, and 1 presume of every State of the Union, to persons charged with eapi- I tal felonies .Indies have never denied the writ of habeas corpus, ami have rarely refused hail, hut have granted it in such amount as the uat lire o f 4l i?? ciKit rmiinrm] It I be borne in 111i11< 1 that the object of committing to prison one accused of' crime is to have liim present in Court to answer to the charge and to abide the judgement of the Court. It .is not to punish him. That only follows conviction. Until then ho is | presumed to be innocent, and neith- , er the law nor humanity calls for! punishment in advance of conviction. Yet, if to persons charged with capital felony bail is to be denied in ad- ; vanco of bill found, and the accused is not to be released from his dun- | goon until acquitted by the verdict of a petit jury, many innocent persons would lie wrongfully and cruel- ( I v punished. Hence in such cases j the power and discretion of granting the writ of habeas corpus and of j awarding or refusing bail is lodged in the Judges. That this power and ' discretion is at times abused or improperly exercised is true. Human, judgement is not infallible; and we, must expect that mistakes will be, made in the matter of bail as in other matters of judicial cognizance. Kor more than two hundred years English speaking people have enjoyed the ?rreat blessings of the Habeas! o n f Corpus Act, and the inestimable j privileges of bail at tin- hands of an enlightened judiciary undercharges! of capital felonies, as well as of lesser crimes. To take u step backward in i this respect a liberty-loving people will not. In fact the Constitution of A. I). 18SC) goes much further in secunntr the riidit to bail than does the D n statutes of Charles, and by necessary implication enlarges the riyht to the writ of habeas corpus. Section 1(1, of Article I, reads as follows: "All persons shall, before conviction, be bailable by sufficient sureties, except for capital olYonees, I when the proof is evident or the presumption great, and excessive bail shall not in any case bo noquirod, nor 1 corporal punishment inflicted." As I interpret this article, by necessary implication, it grants to the citizen the right to the writ of habeas nAW14?fl :i r i i wijinn, ill i;u!?U8 1>I ClipiUll IHlOliy ilS well as iii eases of lessor crimes. I do not see how a Judge can lawfully rofu:o the writ in any ease. The Constitution overrides the statute, and by necessary implication, renders the granting of the writ in all cwses no longer discretionary with the Judge. A party charged with murder can now demand the writ as a matter of riainst n uliimi tln> .... # I... prosumptroii. ( )nr ('(institution suggests tlmt it should bo so rofusod, although it does not deprive the Judges of this eoiiiinoti law power t?> grant bail in any ease. As I remarked before, tlie sole object of imprisonment before conviction is not the punishment of the accused, but to secure his forthcoming to stand his trial and to abide the punishment to bo indicted in case he should be convicted. Where the punishment is death, the guilt\ m:m is prone to fly, and will not hesitate at the thought of ! pecuniary forfeiture, and hence the : danger in admitting him to bail. | (Experience, however, has taught the people of (England and of this country that no definite restriction upon the matter of bail before trial 'can safely be laid down by the Leg1 islaturo. A discretion must be lodged in the .Judges, and thev must - be confided in not to abuse it. According to the circumstances of each case Imil is to ho granted or denied, lbit just here arises the sore trial of | the Judge, and the clear demonstration of the vital importance of coroner's inquest. If that work ho well (lone, t he .1 udtro is trre: illv iiiitoil Mil i ~ ^ j j reaehin?r a just conclusion. 11o must 1)0 controlled l>V tli?> testimony submitted. This, consists, on behalf of the Stile, of the evidence jriven at j the inquest. Rarely any other is ever submitted. I low defective and unsatisfactory this ordinarily is, I spoke ? f in my lirst article, and will not aeain dwell upon it hero. It is enough t further and to build up a case of homicide in self-defence, it' it happen that the dood was done in view ,.F Liu r,.u..... .... < ... .lira IUHI.1I-IUV/II, wi, ill Ul SCcrot homicide, to show an alibi. At tho hearing of the application for bail, it often happens that the State is not represented, the solicitor of the circuit being unavoidably absent upon pressing official duty, or, if present, he knows nothing of the facts of the case except what he can hastily gather from the meagre testimony furnished by the coroner. The consequence is that the prisoner usually gets the advantage in the proof submitted, and is admitted to bail, because, after weighing the evidence tho Judge is constrained to decide that the proof of guilt is not evident nor the presumption great. And thus it happens that in this, his lirst trial of strength with the law, a really ifuiltv man achieves his lirst triv * i*i umph in the race for liberty and life. Kllicient discharge of duty on the part of the coroner would have foiled him. I am induced just hern to remark that the facility with which a defendant can procure strong and highsounding affidavits in his behalf is greatly aided by the fact that affidavit is by many too lightly regarded, and many of them are not affidavits at all, the affiants not having I been sworn. 1 have been surprised to find a misunderstanding of this matter even by attorneys at law. An affidavit is a statement made under oath, reducing to writing and subscribed by tho affiant in the presence of the officer administering the t oath, who adds thereto the jurat or certificate. It is no affidavit unless the party subscribing it, in solemn 1 form of law, swears to it. This he , does not do by simply subscribing it. The oath must be taken just as ono is sworn in a Court of justice?I mean as formally. A conviction for perjury could not \>v ncciiri'ii upon otio out of every ton . affidavits taken in this State, however false, simply because no oath is actually administered, but the socalled affiant morelv subscribes yliotj in fact it was no?|un>* 'pon a trial perjury, this fact would be sure to bo made to appear, and the defendant would bo acquitted. The form of the oath is iimnatctial, so it bo recognized by law; nevertheless, there must bo an oath duly administered to constitute an affidavit; but, surprising' to say, as generally practiced and popularly interpreted, an f ? affidavit is a mere statement in wri-1 ting, having the form of an oath and | subscribed by tho would-be affiant. The consequence is that many of j those written statements are readily! procured, which would not bo done if the subscriber fully understood and fully appreciated what ho was doing To correct tho growing evil of rock j loss statomonts in the form of alii- ! davits, it ini?r111 bo well for tho boa| islaturo to dotine what an atlidavit is,! and to proscribe a punishment for officers who fail to take theni'ii) clue ' j form. I will have something to say | in tho course of this review upon tho irrowinj/ evil of false sweariinr. , , r-t r> Id 111 v next I will outer upon the discussion of the trial and Us incidents, having drawn out this article loniror than, on yesterday, I expected to do. .1. II. 1 Irnsox. o?Tlie Sanctified Sinners. Si'Aim'aniii"K(S, September II. Last nioht the Holiness Association of South Carolina convened here. The larjre tent presents a most inciting and attractive appearance this warm weather and at ni j street meeting near the Opera-house! late in the afternoon. The attendance has not been large to-day. I)r. j Blossor, of Georgia, is here; also, the ! Dev. Mr. Jarrell, and they expected : Mr. Pepper, of Philadelphia this evening. The weather is quite warm, the thermometer going to 8(1 decrees in the shade. It causes cotton to open very lapidly, and our farmers seem disposed to soil. It was bringing 9 cents to-day, which is claimed by the ' cotton buyers to be above the market; but the farmers will stand it without much grumbling. Capt. .1. I.. Weber, of the JVei/v< v his place of business, and fearing that ho wished to avoid the subject of their previous con versa tion he called him hack and asked. "Have you made that matter a subject of prayerful investigation, inajoiv>" "Yes, sir, and 1 was just on my way to ask Dr. Wlulo to call on mo to lead in pray'ir meeting to- j night." Soon after ho was called f on, and made such a stammering of-1 fort, that the pastor felt badly fori him, and ho was greatly mortified, j Several subsequent efforts resulted in ; little bettor results, and the pastor j began to think that, perhaps, Major Jackson was right that ho really . could not "pray to edification," and i that ho was, perhaps, an exception to j the general rule that male members i of the church ought to lead in public j prayer. Accordingly he said to hint ono day; "Major, wo do not wish to make our prnyer-moo'injrs uncoin- j fort able to you, ami if you pro for it, I will not call on vou to load in prayer nravor whom lie had in his church. It was my privilege to hear him pray several times in the army, and if I ever heard a "forvent, effect 1 mil prayer," it was offered I?v this stern soldier. ('/irist in tin (Jann$.\ | (inventor Richardson mid 10scort in Philadelphia. I 'it 11. \ oki.imi i a, September 14.? The train with the three special couches, bearing in the first the Butler Guards of Greenville, in the second tho Governor's Guards of Columbia, and in the third and last coach Governor Bichardson and his stafT, arrived at Washington at 8.20 this morning. The Hon ! high Thompson and wife, were there to welcome them and presented the two companies each with a wreath of evergreen and hot-house flowers. The special coach in which were the Governor and his staff came through to Philadelphia and will remain here until his return. ()n the arrived of the South Carolina co itimrent at Pliilndebihin ilie Governor was in?'t by Messrs A. l\ Brown .1. W. Whitesides and tho I foil .I aines Jioyt, members' of the reception committee. He was escorted to his carriage 1)V the South n t ?. t Carolina boysjind driven immediately to.the Hotel I.afavotte, whore he has been assigned a room next to | that of Governor, Beaver, of Penn-1 svlvania. The staff, headed by Gen Bonham, an* quartered at the Girard j I louse. After escorting Governor Hichard- ' son the Governor's Guards and But- i lcr Guards marched to their quarters.! The Govcrenor's Guards, under ('apt' Jones, went to the W indsor House, where, though a little crowded, t4:cy , are comparatively comfortable and j luekv, when the crowded city is taken into consideration. Tho But-1 lcr Guards aro encamped in an em-j ptv building on Girard street, botween Twelfth and Thirteenth streets. They are camping in true soldier fashion on shucks and covered with a blanket, ('apt Floyd was working hard to get his men comfortable when your correspondent left them this afternoon. The hoys can bo soon everywhere you go taking in tho sights. They will not be needed for duty until Friday. Both companies marched well en route to their quarters. The South Carolinians are the first on the ground of all the Southern troops and have shown wisdom inasmuch as they will need good rosi oororo thoir ten-mile march on Friday. ^ Uf ? ?; trwt i.wih???-.w t*?r > ADVERTISEMENTS LUCY HINTON! CHEW Thos. C. Willinms & Co.'s CKLKKItATKI) TORAl'CO. LUCY HINTON! The Leading Tobacco in the' South. 1 >lllt IB V, IO 1X18 () TO I.H. VI M VI Ml, 1-1 S. CI BO I.II. I Burroughs & CON WAV, { ? XI i \l Ii?It session of (hp Horry County JL Teachers' Association will bo held in Conway Court I louse, on the Hth day of October next. All who are interested in the advancement of education are respectfully invited to attend. Tho Association will be opened with devotional exercises. Mr. W. M. Booth will make a talk on the Requisites of a good school. There will 1 he addresses on education by Rev. Win. Thomas and R. II. Scarborough, Esq. The Association will be open at any time for questions on educational matters. C. 15. IIoi.Mks, Secretary, i sept 1 15 t f ' B. R. KING, Wholesale and Retail Dealer in BOOTS \ SHOES. DRY GOODS, GI50CE111ES, ,Myno\s, COUNTRY PRODUCE AND Proprietor of Kind's (irntl i? : .. ii mir^um 11(Misc. -*-7 LOHIS, - - 3- O. ? - IWOl'M) KKSPKCTKl U,Y ANnounco to my friends and tin* public that I am now carrying a first class stock ??r Dry (Jotxls, Notions, Lad it's' Dress. (Jootls, Hats, raps.Hroeories, Hardware, Tin "Ware, And in fact, a complete stock of everything usually kept in a llrst-clas country store. / My I'riees Suit llio 'I'iiiu P W i II Aiot li?? l iMlci'Hohl. Highest cash price paid for t'liickciM, Iteel anil P'im* IliilcN, Wool illlll liOCSM i> \ . I had just as soon pay cash for the above, as floods. Come to see me and examine 111V stoeb lw.fi.r.. iM?f/.l?.?o! I ... !" " ' mvWIhtc. 15. |{. K I N Jkf' 1 I /II'IM .?< I jjn Wl IIVI 1* jn?li t I I ? 1 > < " opened Ji SALE, LIVEHY, AM> FEED STABLE opposite .joltDAN A KYAN'S store, one door South of the KAIIiHOAI), where I keep on hand, at all limes,1 HSS&M^S, . 0? 14 v ii t e k o k 1 W^m WAGONS, H /"COLUMBUS AND 11AVDOC I." VOLl'M BUS AND IIA V DOC. IV. BUGGIES, and a full lino of IfAHNKSS, and soil them at tlio liOWKST POSSI DUE prises. All sales guaranteed as represented <v. it ikI Ti'lnl iIuhIUk!, Conway, S. C.