University of South Carolina Libraries
<?f)c IHcssmger. If , M? L. BOXHAM, Jr., ) Editor* a#d P ' ' si JAS^ S. PERRINi ' I Proprietors. TUESDAY. NOVKMBER 10, 1885. |?.; ,v' ; i ~ "L.ET #KH ROULi." When the qucstidn of voting a sub *criptionT in LJoiids, to me V/uranoriano i Gao Road wa? beintr agitated in thi* J community last spring, the newspapers of the town discussed the various ques~ SV, tions involved, fully and freely. The Press and Banner and Mediitm opposed the voting the bonds, and the MBSbRNOER approved the measure. It will be remembered that feeling ran high?'higher indeed than many political contest's. And all good citizens rejoiced when the election was over, hoping that the bitterness engendered by the contest would then die away. The election resulted in a glorious victory for the cause advocated by the Messekukr and in vie a* of ail the circqmstances of that election we might well have felicitated ourselves upon the result. Nevertheless we did not exult over those who were defeated. On the .... contrary we wrote a inuu ana mmperaie article, in the hope that all wtrife and anger were at an end. It was Maid then that our magnanimity wouid not be ap* .preciated nor reciprocated by either of the other papers, and the sequel has proved the truth of the suggestion. Our contemporaries have let puss no opportunity to gibe and jeer .at the enterprise and its friends. At'Various times since the election 'articles bave appeared in these papers ii & 11 r ? * - i i mm couiu not tail 10 renew mm Kuep nlire the bitterness of the strife. And what good have they accomplished by this course ? None whatever. On the contrary they have insulted, almost. Have derided, mocked at and fought against what the majority of the citizens : oi uue West, Troy and Abbeville declared by their votes to be their intereat They could scarcely have treated the public enemieR of the county worse than tbcy have don? tlieae good and law abiding citizens. The wilt of the'majority has no weight with them. Their 1 own sweet will is the only standard of excellence ani right they acknowledge. Their vanity received a deep wound by the success* of the vote on the bonds, ft rankles and bristles and burns rn 1 them, and gives them no rest or peace, 1 and they }<ive the public no rest. Re~ ally it is time to give us a rest?But 1 ' they wont do it. They pant for a * chance to get even. They want blood, 1 the bl^od of all Troy, Abbeville and ' Pue West, that dares to be in favor of 1 t|ie rail read, and against their^autocrat- 1 :? >i: <: ?? ' IV UlUUIilUfl. The result of the election at Aiken 1 and the defeat of the friends 1 pf the Road has hut added fuel 1 to the flame of their hatred. They ' have pounced upon the letter of our 1 aorregpondent "R. S. G.,*.' with the avidity born of their hate, their jealousy, and their bile, and with their usual fairness destroyed, perverted and misrepresented the same. Tho Press and Banner actually is sacrilegous in its monstrous . efforts to calumniate Mr. Galloway. The Editor knows as well as he knows his name that Mr. Galloway never uttered nor entertained any such sacrilege jia he puta in hie mouth, He knows j pqually as well thot no single imputation ia cast upon Col. Drayton. And jve charge him with the very intolerance he goelfB to saddle on our cor- ^ pHponaant. uocs tne rress and Jinnvpr presume to speak of intolerance ? , it is amazing. It is an illustration of f.he remark of a friend of ours in conpection with a gentlemen of our acquaintance. "He can see the mote in ^is neighbqr's pye a mile off, but can't see a flvp Foot white oak beam in his 1 owneye, with the aid of a locomotive \ 0. headlight." Intolerance, indeed ! when 1 the editor of the Press and Banner afprofessing to accept the result of the election here, and when every body 1 else desires peace and quiet, lets his ' ? vindictive intolerance lead him to stir ' find )seep #1ivo this whole question. J < Such feeble efforts to post as a martyr |v: lire ridicploas. By the WAV. if our correannndrtn* in go "intolerant" as to excite the iro of 1 ppr contemporary and indulge* in ?ti- < radoB" sbpck tUe sensitive (?) uste i %' of tVipt paper, jvhy dpes it try to wop 1 htm l)4pk (0 its cpluipna ? Eh ? i But tjio tfediurn "takes the eake" for perversion. It undofUkes to show that *jl. S. G." said that Colonel Dray- > ton said "falsely" that his paper waa I L?h?I ? /> ?.- /r? *?x ' I9VMM ?|| #uv? %! ?? MIT, \ frpjriuu) WBA 1 bought' try the "low filthy Dutch. 1 Neither the wofds ^falaely' npr ^bought" ?r<& envifherp in connection with Colpnol IJrayUjn, end ere aay without I equivocation that the words end the i idee ere the offspring of the malice end 1 yt-noro pf tfio faejsliutn, Nothing but a xnind feioptred by galj and Kpite end f . Smarting under * aenee of defeat could ( ; j*at e made such ^hinga out of that son- t II II : , : ; tenoe. What our correspondent meant f and what he said was that the'inflaence i or these Germans, who had an interest .u viie paper, wm oumcivm 10 maKe 11 neutral in this context, when as in the ' iirst fight it was strongly for the rail road. In thore here any hint of any j impure motive or any falsehood on the < part of Colonel Drayton ? None what- \ jver, and nothing was 'further from the J thoughts of our correspondent than to impute such motives. He and wo know 1 Colonel l>raj*ton, ami^entertain for hiin ' the very highest respect and esteem. ' His character as a gentleman, a chris- i lian, an honorable, firm and upright ^ man commands the homage of all who know him. ' But tho Medium reaches the goal of it happiness when it seizes the ''Dutch Republic.;" It smacks it mouth over what is said about Mr. llaun, and glib- ' ly suggests that it is "perhaps sufficient t *.o sustain a prosecution for criminal j libel.-' * < What disinterested (?) advice. 1 ? Doubtless it would entirely conform i ii... > -r 1 nuii in v.- niiinea unu jjurjiUMUi* 01 our j contemporary to sec that proHecution i instituted. It would give it exquisite j pleasure we dare say. Just such pleas- ' ure as Hansy Sniflle tised to enjoy when J he hnd agged on a row upon tiie out- 1 skirts of which he danced in gl??o and safety. Yes! we think the Medium is f Hansy Sniffle, except that it hnti deeper < motives than Kansy usually had. The \ public are perfectly able to deduce the proper motives. It is proper to say here that the article of our correspondent was written in great haste, and sent off without time for correction or re-pprusal by hiin. It was sent to the editor with the request that we would alter and amend it in any particular in which we thought 1 it was too personal or too strong, as the writer did not desire or intend to be personal or offensive. We were engaged in Court and neither the letter nor the communication to the paper came to our attention till the letter was published. We are sure that he had no malice or unkindness, and wrote, as many do, much more and in stronger language than was intended. This is nil there is of it. It seems that nothing wil! suit our 1 friends of the Preus and Banner and Medium but war. it nppcarcd that they are determined to keep alive the smouldering fires of the late unpleasantness*. anent the rail road. We are frank to any we have had enough of it, and have honestly tried to have peace. Vet they keep kicking and abusing what they call a corpse. The friends of a corpse don't like to see it abused and inHiiltod. And thomrli wn Km-w Jmnnil this thing whr at an end, and whilst we \ "uin't spiling for a fight," still if it in i insisted on, our good nature won't lot { us be disobliging. If we must, wo ' mast. So "lay on Mac DufP'?We ' presume you know the balance gentlemen. In other and more modern words, i "Let 'or roll." : - . . i STILL HOPEFUL. \ \ The mueting of 'the Directors ? i?f the C. C. ft. & C. Ky. was ] field in Aiken on the 4th inst. Nothing I letinit* was done and the election of ] officers was postponed till ltith of Jan- < nary. I It appears that Mr. SchoAeld has 1 hopes ol raisin;; money in Boston. I You hear Mr. Medium, "Schofleld is 1 <till hopeful!" Tell tho Press and ] Banner please, it may want to com- J pleto its grave-yard. I . , i I Major Zeigler, a* Clerk of the Court, \ lias collected, for the present year, in { Lines and from licenses and sale of old I bagging that had been used on the i I/ourt House floor, the sum of $811.30, \nd turned it over to the County Treas- j urer. There is a henp of satisfaction j in having such honest men in office. t . i ' ' "* c We publish on the iirst page an ar- c licle headed, "Keep to the Kight," that 1 everybody ought to rtad, Thin town 1 uught to patis an ordinance 011 the sub- t joctof nurses taking up the entire side- 1 walk with baby carriages. ? ? Col. Wm. L. Trenholui* cf Charles- I ton, has been appointed, by the l'resi- * dent, one of the Civil Service Com- r inissioners. Wo have no doubt he will * make an efficient mcmh?v th* s toinsion. ? ================ I The Aiken lieccnrd.tr has completed * its fifth year. It ia an able and honest t paper, high and pore in its tono and lentiments. We hope it may number rery many more years. [ " " v The editor of this paper is in Eds*. * o ~ v Held attending Court. Ho will be back ibout Thursday and can W found in e lis office. 41 _ I) The President has issuod a proclama- * ;ion setting apart November 26th as a lay of Thanksgiving, tiurely we ought J* o observe it. i'jfiji rP*:'4 vii-''-i 3* 'rt .v, -/*/, "'' ii < s y* *" 4's' ^' !./ 'V**'V ifflb in. -M 3$k % i ?V-'''-V^*,;^'':r'''' * v^' rtiB LAW AND THE LYNCHERS. implication of the Edgefield Lynchers for Bail. The News and Coukieb BriucAC, I >08 Main St., Columbia, Not., 4. J At 10.30 o'clock this morning the hearing of toe application for bail made by the tliirtyour men clmrged with the murdor of O. T. Julbreuth, in Edgefield County, on tho 24th >f September, was begun by Iludpo Hudson n the Couuty Court room. A number of awyers were present as interested listeners, fhe seats outside of the bar were eiuptv. Fudge Hudaou having consented to bear the kpplictUioi) without compelliug the attendance >t the prisoners, none of them were present. SunitnP llit i 1a** on/1 Mr Si Xtnfl wre present as counsel for the prisoner*. Attorney-Uenerul Miles and bolieitor Bon1am appeared to represent tbc State, and vrro assisted by Messrm Ernest Gary and S. G. Evans. Senator Butler, of counsel for the prisoners, -ead the preliminary papers in the ease. As counsel on both sides agreed that the testimoIV at tha C'ulbreath inquest had been reported completely and correctly in the Atto* and Courier by Lieutenant-Governor Sheppard or ine defense. i lie ruudin<r lasted troin 10.15 to 12 M. Messrs. Sheppard, liutler aud G?ry next :o<>K turns to rea<l ninety-two affidavits in upport of the application for bail. Thiriyiour of those wore made by the persons charged with participation in the crime, and rTero to the general effect that they had 110 :onnection with the lynching, but that, liuvti(r leathered to attend a public meeting which jail for its object the aotection and lawful punishment of the murderer of IV. 11. 1kmnond, nnd haviug beeu advised to disperse ind return home, they had done so. Most of heir affidavits contained those statements, riie othor affidavits wore in greater part madeay tho wives and relatives of a number of the ?ccuscd, who declared that the men wore at :heir homes When Culbreath was killed. MBS. CULBKKATIl'S AFFIDAVIT. Mrs. Fannie Preacott Culbreath, bcinjj iworn, says that she was Hie wife of the late 0. T. Culbreath. and that she is the mother >f Mam phis Culbreath, now in the county ail charged, as she is informed, with being accessory to the killing of bis father. That f nnniAki tviHiiti fKo lrt\/\wrln * IV V1IIIIVO fllVUlU Vlt W MIIWTTIVU^O U| UC|iWUUIU hat her son, Memphis Culbreuth} wax about ler house during the morning and afternoon >f Monday, the 21st September last, on the ypht of which day his father wan killed, and jntil the usual hour of bedtime that night, it which time he retired to bed ; and she does iot doubt that he was at her house during the ntire liijrht; that ho slept up-stairs, and delionent doe* not believe that it whs possible for him to have made his exit from the house crithntti lu?r knnwli'iliro. ItniHincnf Irnow-u alt. lolutely tlint if the said O. T. (/'ulhreath wa* tilled at or near Edjfelild Courthouse before 10 o'clock of the nijrht of September 31, her ton was not present and could not have been ionnccted with the killinpr. Deponent further swear* that fur some months before the said O. T. Cnlbreath was killed he had not resitted in thu same house with her; that she had for several rears been the victiui of unkind, eruel ami inhuman treatment at his hands ; that he frequently "Mirwjtrl uml a till anil A .m/vnan n*+A U .?? *4 lather and mother; that he more than once threatened to take her tifo and reduce her property to ashea, and Raid that if she should uo to to her brother he would reduce his home lo ashes ; that she lias remained up at ni)(ht (irroiindcd by h Ttcliildren. fearimr that if she ihould retire to bod Hhe would while nalep be murdered by him ; that on one occasion ho irew a knife and swore that he wnuld take licr life, and deponent r.ow believe?, and she Llieu bclicred, that he would have executed ilia purpose but for the timely interference of tier *on Memphis. That the treatment of deponent by the aaid [>. T. c'ulbreuth was ait harsh and so cruel, I ?nd he perpetrated ho inauv indignities upon | iter, ttmt ?hi> found it impossible to- live with 3im?the details of which she declines now to iisclose. Deponent wan so apprehensive that her lifo svhh in continual peril thnt when Mr. Hamitond waH murdered in her yard and the jnrr >f inquest failed to discover by whom the nurder was committed, she felt that the law ivas powerless to save her from harm, and she requested the Solicitor of the Circuit to apl>eal to the gentlemen of the community and ice them to sare her from further anmiyaucr ind distress, and he kindly did so while the people were there assembled. SENATOR T A LB KKT'8 AFFIDAVIT. W. J. Talbcrt. State Senator, being awnrn, ?ars ; That deponent lives about fifteen miles from Kdgetild village. The4 deponent was at lis home and sent his son to the postoflicc, ibout two miles distant , for his oiuil; when icponent's son returned from tho poatofGi 0 on 21st September last he informed deponent that he nad seen a number of citizens riding ilong the roud, but did nut know where or for R-but purpose they were going. Deponent was julte unwell, but knowing that there was great excitement prevailing in that community on account of the recent murder of W, H. Hammond, and apprehending that, in consequence of tho inflamed condition ot tho public mind, something wrong might bo done, um! be* ieviug it to be his duty to discourage and prevent any lawlessness, deponent at once rode iu the direction in which the persons had *een seen to ascertain the object of the movement. Deponent went to the home of his neighbor, ['at H. Hussy, and informed him of hi* purpose, and reqes?od him to go with him, vvtuuh ?e did. Depomnt and P. II. Bus>ey overlook different citizens alone: the road, and Then they overtook D. C. liu.?sev, who wan iding, !'*. H. Bussev, ?ho was on a mule, ode with him. Deponent went forward rnpdly and found a number of citizens near An* -iock Church, aud was informed that others tad ridden in the direction of Kdgelield. iVhcn the cituent* got together there was a arge gathering. Deponent was informed bat the object waa to take steps to bring the hurdercr of Hammond to trial and puuishnent. When it was ascertained that u war ant had been issued for the arrest of O. T. 3u1breath, some of tbo citizens, a* well as be deponent, advised the crowd to disperse tnd go home and allow the law to take its iourse. No objection waa made, but. the . 1 _ 1 _ ? rt * ? - iron u Bcfiuuu sauauca ina organ hi gel ineir torses, and portions began to leave. When deponent saw F. H. Bussor. D. C. JuHscy, W, L, Mc Daniel and others mounted, io asked them if they wore reudy to so homo, ind, being answered that they were read v, doKin en t went for his horse and they rode off toon aflorwardi*. Deponent and others then ode off in the direction of their hoiiies. Deponent Haw a number of citizens along the oad while riding 4o his home, and particuUry when deponent passed the residence of Wyitt L. Holmes, where there are several houses ind it is quite a public place. Deponent cached home before dirk and remaincu there intil next day. Deponeut was not at all well. After reacting home deponent sent for his family physiian, who came and remained with htm for ome time. 'Deponeut waa not present at the iflling of 0. T. Culbreath, ana waa in no nanner connected with the killing, and waa lot a partr to any oombination or conspiracy o kill or injure him. W. J. Tai.brt, Hworn to before F. H. Wardlaw, T. J., Edjteleld County, Ootober 29,1885. When the reading ?f lbe affidavits had been oacluded Attorney-General Miles said that he solicitor was engaged in securing affida/ its in reply. Some were ready, but ha d?ired a little timo in which to produce the thors. ? ? *hv WMPVUVI0 vujwwu w mr in* rodsictlon of evidence by the State end laimod tbet this application for bell was an 1 x parte proceeding a a much as the prelimi- I arv examination of the aecuacd. Major Oary wished to argue the point, but ,i udge Hudson aatd that he, of course, mnat i How the State to produce ita evident. i Bene tor Butler anked if Hie Honor would i ermit counsel for the priaonera to pat in i Bdavite Jn reply to the State. i Judge Hndeon reptied that be would answer < ;'A ^vi " ?$? v . ik >dk-0& x- - ..? '$JV ' ' 1 .** :./?) ^ **''15 Wtffj '. '" '' ' ": ' ' ' ' that question when he had hoard the evidence submitted for the State At 2.10 the Court took a recess until 3.30 P. M. When the hearing was renewed after the receis Major Ernest Gary, who was assisting the State, read nine affidavits. The following aro the only onea of an.v imprrtauce: j. a. white'b affidavit. T. A. White, sworn, says that he was in the village on the afternoon of the lynching of <). T. Culbreath. That depondent left the vil 4l. - ra. v 1 % iugc mm: in uie t?ileruoon, lOQ oil 1118 way home lie met a parly of men, (iu the judgment of deponent about 40 or 50 in number.) These men had masks over their faces. That when the party saw deponent appproachingor meeting they immediatulv turned the heads of their horses to the side of the road and stopped. That deponent was necessarily compelled to paws very near the party. That a party in front did not turn as the others did. Anion? the foremost of those that did not turn I recoguized Wyatt L. Holmes and .Win. Parkman, and about the middle of the column I recognized Mr. Ned Hussey. That about the time majority of the colum halted several others caught up with the party and immediately drowsed in line with the others Among this number 1 recognized the horse of Mr. Stove Hammond. That on the morning after lynching of Mr. O. T. Culbreath deponent roturned to the village and when deponent reached Antioch Church he noticed a large nil m llnP nf h/irk!?? feunl-y * w. mw.uv V uvun II mvi t vjuiiu a UUU1UCI on horseback had assembled. Deponent noticed the tracks partieulnrlary along the road to Edgetield village and they did not torn out of the road uniil they arrived at 0. 0. llarr's pasture and deponent could plainly sec where thev turned out of the public road. Deponent could plainly see where the tracks of the .horses returned to the public road leading to Edgefield village, and when they turned in the direction ol the village and continued in the road towards the village until they readied the slope about 100 vurds below _ ..fli ^ f f* " ? mo umce ui v*ary a ftvnns. That deponent could also see where the tracks re-entered the road at the slope and continued beyond the residence of Mr. O. O. Barr. lteyond thix point they bepan to turn out of tho road and the tracks of the horpes to grow less. There had been a recent rain and the tracks of the horses w?ro very easily seen. The point where deponent met the party of men was at least half a mile toward* the village from the j/wiui tvlicit iiiu r>cun h rerrv roau enters mthc road that leads to tidgeficld village. That deponent is satisfied that the body of men returning to the village came to the slope just below Gary and Evan's office. J. A. Wuitk. x. j. hook's affidavit. M. J. Hook, sworn, says: That on the evening of the 21st September, 1885, I went with Mr. liarr down iu his pasture to drive up his cattle, as thenetrioes were afraid to do so as they were frightened about the number of men they had seen in the pasture. When Mr. Unrr anil myself reached a branch in the pasture we came upon three men drinking water irora their nats. Mr. U. O. Burr spoke to tbem. I did not know them. Mr. Barr had the following conversation with the three men. The conversation was had in the hearing of three men, but the talking was done by Mr. Barr and a man Mr. Barr called Holmes. They asked Mr. Barr if he did't have an? bet-? tcr water than that. Mr. Barr remarked, "Yea, up "to the house." Mr. Holmes stated to Mr. Barr that this demonstration was in favor of Hammond. Mr. Holmes told Mr. Barr that O. T. Culbreath had been arreated. Mr. Barr asked if then* was any new evidence and Mr. Holmes said no, only suspicions that Towles Culbreath did it. ^e had started up in the woods and Mr. Holmes adviaed us not to go up there, and Mr. Barr said if there waa unr dtncri*r u-<mM nnf IV** * ^ MUV piv* ?? V mcu ncut back to the house. The man Mr. Barr callcd Holmes was a short, stout man, with a red face and prey hair, round shouldered and stooped some, with a overcoat and hat on. He was about 50 or 60 years of age. The other two were rather tail, and one had a red mustache and a small goateo. Mr. Rarr .called him George Vance. M. J. Hook. When tho reading of tae affidavits had been concluded Major W . T. Gurr said that hia aide was so anxious to get through that they would not delay the Court bv stopping to Krocure counter evidence. He considered, owever, that the affidavit* just produced by the State had been answered in advaticu by those submitted for his clients. Senator llutler said that of his own knowledge certan statements inAdc in the State's affidavits were untrue and could certainly be controverted. It was a Imrdsliiii th^t ?? !!? the either aide had four davH' notice of the contents of the affidavits presented hjr his wide, these affidavits for the State were submitted almost without notice, lie did not think hia Hide had been allowed time enough. The Attorney-General and Solicitor *>pokc up promptlv that Senator llutler's aide could have a week, if necessary, to submit answers. The Senator reported that one would havo to travel sixty miles to pvt them, and that that was impracticable at present. Solicitor Bonham resented the intimation tllllt fImi/I tuirtAi'ifn/l ? 11 .vvvitvu IIIVIV ? lill'V III till it had given. Major Ernest Gary said flint if counsel wanted time it would be readily given to them bnt if they did not want it they ought not to grumble about hardships. Senator Hutlor explained that he did not intond to cast any reflection on the other side. Judire Hudson directed that argumont be begun. I.IKl'TKN ANT-OOVKRNOR 8UEPPARD'8 ABATEMENT. liicutenat U.?remor Shcppard opened in support of the application for bail. Ho inade a spirited speech of thirty minutes, which was chioUy devoted to an analysis of the testimony. He Maintained that ns it was in evidence thut Cnlhruatb did not dio until & o'clock on the morning after he was shot, his statement soou after tne shooting could not be takun as a dying declaration. It was not sworn to and could not stand againt the 92 afliduvits which accounted for the wheroabouts of the prison era at the time of the killin?. He shewed that the prisoners were arrested in three batches on different affidavits and on- varying presumptions of guilt, and instated that an alibi bail been conclusively proven at* to most of them. Parkinan and Holmos wore the only two of the accused vrho had been seen at Edgefield Court House that day. The evidence of the families of the men that they were at home at the tirao of the killing was more satisfactory than that aduced before , the Coroner. Thar, th# lyncher*, were disguised and masked so how could their indeutitv be sworn to. Ho made n special plea in behalf young Culbreath. He insisted that il li> tlm arniwuitd MU?PA tivo evidence necessary to JtuUifr the rafuxal of bail. MAJOR GARY'S AKOUKMKNT. Major Ernest Oarj replied for the State. , He quoted freelj from tbo testimony before the coroner to nrore that the acoused liud i formed a conspiracy. He maintained that a chain of evidonce connected them with the i crime. He had no doubt that ?ome were < sharp enough to shift on others the dirty work or tbe actual murder, but they had been i proven to have been in the conspiracy and this was sufficient. Many of them claimed that thev were going an public-spirited citizens to tne public meeting at Antinch Church, but who ever beard or men attending an honest, open meeting with mask* on tholr focex. As to Mr. Sheppard'a argument about the impossidilltr of reci?gnising masked men. he showed that certain witnosses had testified before tbe Coroner the masks were poor, conlisting in part of Docket hanekerohiefs, and In various eases permitted recognition. Tbe truth about the matter was that there was' a meeting st Antioeh Church to consider the matter, and that the majority favored lynohinr Calbreath, while a few opposed it.' The ?ffort te-dn.v was to have the affidavits of tbe a/ .'.J State witnesses stigmatized us untrue and the affidavits of the prisoner* accepted as true in order to affect the triol. lie insisted that tlie presumptive proof of guilt was great. SKNATOR BUTLER'S SPKICCU. Senator Butler said that his side was not there to try this case, hut to ask, what the Constitution guaranteed, bail. "We, said lie, nre not prepared to put up our defense until we are confronted with the witnesses for the State. The mat tor lav ?o fully within the di crotion of the Judire that argument was hardly uerooNarjr. The object of bail was to seeur.; t lie aj>iie.?ranco of the accused for trial H:.h nido olniiti.*fi unit- i\%>* .... ...1 U.. ?i - us?? .? ?. v ^a?iiauivi-i| u V i tie Ulll of rijrliis of tin* Constitution. Yet this extraordinary array of counsel tt|i|Kiai'cd for the State nn<l a hue . and cry was raised about Edgefield, and the county was held up to disgrace. He asserted that the iiiurdcrof Hammond and the murder of Culbreuth wen; too result of social conditions which could never be readied by law, and which would prevail in this or any other country as loug as human nature continued as weak as it is. lie maintained (hut the accused were as good citizens and honorable mcu as could be found anv where in this country. Considering the evidence the Heuutor maintained that Culbreath lired the first shot and that his duuth resulted from the wound he received in response to that shot. He attacked lln? Hump ter of Uus White, one of the State's witnesses, anil said he would not convict the veriest cur on his testimony. He contended that even if some of the men did have on masks, his Honor could not keep them in jail on mere suspicion. After discussing the evidence he asked whether it would be fair and just of his Honor to keeo these men in jail even four davs. The application had not been mudc sooner because of his (Senator Sutler's) absence and because? of the time necessary to prepare the affidavits. He guaranteed that no matter whnt amount of bail mi^ht bo required it wuuki oo rcauiij iunusiica. "l bore was some evidence pointing to some those prisouers and tending to implicate them in the murder, but it was not enough to debar them from the right of giving bail. in conclusion the Senator insisted that he was sick of the remark that crime was on the increase. His newpapcr friends published now all the news of all the crimes ihat^rero coinumiea. u was periectl v uatural. Tliey wanted to sell their wares. "He, himself, did not believe in the doctriue of total,depravity, and if the newspapers would upend as much time and money in reporting tho good that wag done in the world an the evil it would havo a most wholesome effect. lie complimented the past and present judiciary of the State very highly, and said that where proof is clear justice in our Courts is very apt to bo dono. TUB ATTOKNKT-OKNKUAI.'a REPLY. Attorney-General Miles opened his argument by referring to the loss he had sustained in | tne inauility ol Solicitor llonham to speak. The Solicitor li?d lost bis voico as the result of ? severe cold. The Attorney-General said: He would aay no word or suggest no thought that was unworthy of the law officer, but would endeavor to argue the question as coolly and calmly as if it were an abstract matter. He was glad that be was not called upon to characterise this crimc or to do nounce it at this time, as the evideno.' adduced by the defendants admitted the enormity of the crime and had presented the sole dc? fense of an alibi. Th? only question to be argued now was whether the prisuuerajwere probably guilty. He hoped that no man in South Carolina would mci i nisi nuuiui cuuuiimus cuuia oe rue cauxe of Huch & criinc an this, iiad the evidcuce read here to-day obliterated the recard in thia ease ? Mr. Miles eloquently and thriUinerly described the butchery of Iho croucmuf, pleading uuiorenth in Ins lawyer's office, the poor wretch trying to pray, begging by name the nturcy o't his neighbors who struck him its he lay cringing at their feet. | Ha reminded Senator Butler of the "honorable men" whose daggurs - tabbed Cscsar. Describing the gathering of tee lynchers, ho turned to Senator Butler and aaiil that South Crrolinlnns hnd often gathered at his call, but never wore the badge of cowardice in the masks on their faces. His Honor was asked to libcrato thirtythree men who had been in juil six weeks without applying for bail, in order thai tbey might go out of jail four days before the grand jury could pass upon their cases. What could be the object but to stamp the evidence tor the State in advance of the trial as utterly insufficient ? He urged that his Hon or wait until the "fraud jury could sift the evidence an-1 find which of them should be prosecuted. He protested indignantly agninst Senator Butler's idea that even if the prisoners, , when bailed, should fly the State, the punishment by the collection of the mouer on their bouds would be heavv. lie resented the theory (but the ftato couul he paid by blood money f'?r the murder of a citizcn. lie recognized {trade* in the guilt of the accused, if they were indeed guilty. He thought that his Honor might dise'riminuto in granting bail botween those who met at Autiocn Church and might be call accessories before t lie fact, und those who were in at the murder. He thought that those who were charged only on information and belief might also have more consideration than the rest. Hut the men whom he could nnt consent to the liberation of were those who wore masks on their faces and disgraced their Stale and their countv. Alluding to Mrs. Culbroath's uflidavit, h? said that if there was ono time when a mother could be expected to testily to the utmost limit of the truth it was in defense of her son against the accusation of dveiug his hands in bis father's bl od. But he confessed his surprise at finding such a reference to her husband. It was as if dreading the truth of the cbargo against her son she was impelled to show that hu would have been justified by his father's offences in slaying him. lie drew a strong contrast between this announcement and the course of Mrs. Sims, of Aiken, who, in this Court and before the same Judge, refused to divulge the brutalities her husband had inflictod upon, and in that case his Honor bad decided that she could not, bo made to testify. Senator Butler rose to explain that Mr. Miles bad misunderstood hint on two jmints. He hsd not intended to be understood as saying that tlie two Edgefield murders were the outcome of ordinacy social disturbances or to say that the payment of bail money was more than a partial satisfaction to the Htate for the oflca|?e of a murderer. Major Win. T. Gary, of Augusta, closed for the prisoners. He elevated a stringent voice to a high pitch and apparantly threw more porsonal feeling Into tho argument than bad been exhibited in all the other speeches. He demanded of Mr. Ililes the nsme of a ease In which bail kM been refused on account of the proximity a trial. Mr. MfWs said thst he could not then quote iwte. Major Gary repeated the queatinn and demanded and dwelt on the point ao long that Mr. .Miles informed the Court that he would not answer the inquiry again, aa he did not ' sounder this a debating socioty. Major Gary then maintained thai aa no inch caae could be produced its absence waa 1 in assurance of the fact that there waa no i aw for it. Taking up the Attorney-Genoril'a remarks about the effect on the publio nind sought by the publication of these affllarits of the prisoners and their application, le excitedly declared lhat the whole esse of * he State had boon published in the- Ntu>? and 1 JoMfitr. Shaking * copy of the paper at the eporler of the JvJnm and Covrirr and'glar* ug at him, Major Gary challenged him to mhlish as full a showing of the prisoners' taae as. had been published of the State's 4 iaae. At this time nie voice eould hare been icard half a mile. The spectators tittered at his dramatic challenging of an Individual rho was obliged to be dumb In Court. But ' ill prisoners' counsel, or nearly all, Whether . . ^ ' :] '/ ' f I on a question of pttit tnal or of inu$ks, pitch into the tacit uru reporter. After ? galloping vindication of Edgctield County agniuHt aspersions, verluinlv not cast m the JVVtr* umf (\inrirr or in (hid Oourt, Hud a loud cail to other Counties to cure their own ills before ntti-ntpling to reform Edgefield, Major (?hry proceeded more inoderutuly to argue the law of the case. Major (iary claimed as a matter of absolute right and justice that bail should be allowed. Then he arguncd on the evi?le?in>. lt..?v?r?. cUsed hi* claimed that his clients had been hounded by the press and pursued into the jail by the tongue of slander. At the conclusion of Major Gary's speech, which was quite long, Judge Hudson asked f<>r the books and papers, and said that he would give the matter his careful consideration. It had been expected that the decision would he announced at the conclusion of thu argument. The Court, at 8.45 p. in., adjourned after a hard day's work. x. x. o. KIIUKriBLD lynchklts uaii.ed. Columbia, Nov. 5.?Judge Hudson, this afternoon, made an order granting bail to ten of the Edgefield prisoners charged with thu murder of CuUircath. It will be filed in the clerk's oilice at Kdgeliehl to-morrow, and until mo tiled canuot be made public. The ten men who are thus permitted to pivc nouus lor tneir appearance at Court for rial arc : W.J. Tolbert, W. L. McDonald, r*. If. Uusaey, Morgan Dorn, Klhert l)orn, Arthur McDaniel, Richard Hammond, W. II. Thurmond, VVyutt Soiglvr and K. I<. Devore. The three first named were arrested on the first affidavit made by the brot it of the murdered man. The seve i others were arrested on the last two warrants made by ('olbreath's brother "on information and belief." Thes* ten were the men against whom the evidence was slight enough to justify the AttorneyGeneral in not insisting upon their remaining in jail. No objection to their rehwae on bal was made by Attorney-General Miles or the other counsel for the Stste. Thus tho decision of Judge Hudson is satisfactory to the State, while it will not meet the expectation of counscl for the prisoners. Twenty-three of the men arreatod wjll temain in jail until the grand jury can pasa upon their cnsoH. An Ordinance Against Gaming _________________ J BK TT OKI) A INK D, bv the Town Conneil of Abbeville, and by Hi? authority i f the aarae. That if any person or persona shall play at any tavern, inn, or atoro for the retailing of apiritiioiis liijuora, or any house used as a Iimcv ui fianiinp, or 'n any dwelling bnunc, barn kitchcn, stable or other onthonsc, or in uy street, highway, op?n wood, race Held or open plncc, at any game or games with cards or at dice or at any gaming table commonly called A U C or E. 0, or any gamitog table known or distinguished by other letter*, or by any figures, or roley jxdey table or at range and noir or at any faro bank, or at any other table or bank of the same or like kind, nndtr any denomination whatsoever, (except thu games of billiards, bowls,backgammon,chess, draughts ur. whist when there is no betting ou the said games of biUiardft, bowls, backgammon, chess, draughts or whist)or shall bet on ? * -1 1 ? i " % iiic or nanus 01 sncn an no game, upon com ictiou thereof he or they shall be fined uot less thau two nor more (hon twentv dollars, or inij>ri?ontncnt not less than two nor more than tweuty days. In Town Council this 23 October, in the year of our Lord on; thousand eight liuudred and ?ijrty-fivo and in the one hundred and tenth rear m iuu iiiucpciiuvucc 01 uioiiuiira nialm of Amurica. J. S. HAMMOND, Intewlant. Oct. 28, 1885-tf An Ordinance Against the Selling ?of Spirituous or Malt Liquors on Sunday. BK it ordained by the Town Council of the . v town of Abbeville and by tbc authority of the same. That if any person or persons sell auy kind of spirituous or malt liquors, wine or cider on Sunday ujtnn conviction thoreof he or they should not be fined not less than twenty di Ilars, or imprisonment not lens than twenty days. In Town Council this 23 day of October in the year of our Lord one thousand eight hundred and eighty-five and in the one- hundred and tenth year of the Independence of America. J. S. HAMMOND, Intendant. Oct. 28,18fl5-tf Notice To I>ebtor? and Creditor?. ALL Persona having demands against tho Extate of William Buchanan deceased, am requested to present them at J udge Lyon's office on or ber .L- i*i i? ? ? lure me tm any or ueeembcr, 1885. All personti indebted to Mid estate are requested to make payment on or before that day. MRS. R. F. BUCHANAN, Administrator. NOTZOB. The subscriber# to the Capital Stock of the National Bank el Abbeville, S. C. ' /.: '; /' , :l >;. . | \ , - , ABE borcbr notified that a call for the payment of the first installment (being mo-naii oi iD?ir nutmoription) bat been mad* \ for ' V.; .. ; DECEMBER 1st, 1885. The C??hier WilLbe prepared to receipt for ihe same at the ofnTe of the Bank. By order of the Board of Director*. A. B. WARDLAW, President. BEX J. 8. BARNWELL, Caahicr. NovS-tf ; v "* . VO;V<V&?V..VVX * / - rr >. ; : ' /. >