E ESTALISEI) N 1--.NEWBERRY, S. C., TH URSDAY, SEPTEMBER 15, 1887. PRICE $1.50_A YEAR THE VERDICT OF ACQUITTiAL. Defects in the Criminal Procedure of the State. Judge J. H. Hudson in News and Courier. - I. Two years ago I wrote for the News and Courier a series of articles upon our Circuit Courts, the object of which was to call atteutiuu to some defects in the present system, as well in the arrangement and orders of the Courts and methods of con ducting the business, as in the gen eral administration of the law. I attempted also to suggest the rem edy, in part at least. I withheld my name from these. communications hoping thereby to elicit a free and full discussion of the subject through the press of the State and, thus to call the attention of our lawmakers to the importance of needed reform in the administra tion of the law by our Courts of j-s. tice. I fear, however, that my views made but little impression upon the Bar, the Legislature or the people. Since that time even:s have oc curred in the State, shoeking crimes with startling verdicts of acquittal, which have riveted the atteition of the people, called forth free and full censure from an enlightened press, and awakened a reeling of uneasi ness and deep concern in the minds of all lovers of law and order. The discussion of this interesting and vitally idportant subject by the newspapers of the State, conducted as it has. been in a calm and proper spirit, and with due respect to our Courts,- is to be commended rather than condemned, because our people, and our legislators as well, desire all the information possible upon the subject, and no.better medium exists for conveying it'than the press. I propose to contribute to the ex aminationlof the methods of the trial of criminals in our Courts as at present conducted, and to disclose as far as I can, the causes which lead to the acquittal of so many accused of high crimes, and especially the crime of murder. I despair of being able to unravel the mystery of all verdicts of juries, and still more of being able to suggest complete and adequate remedy against erroneous results of trials by jury in our criminal Courts, but I hope to show that useful re forms are available; and imperatively needed for the protection of the la. abiding portion of the people. -Our criminal procedure in cases of homicide begins with the inquest. This is held by the coroner, or in his absence or remoteness from the scene of death. hv a trial justice. All will al.:it that this inquiry should be made w ith great care, pa tience and diligence, and with due' caution and circumspection. On the contrary, however, as a general rule, the investigation is conducted with carelessness, haste and manifest im gRingythe coroner and his jury. The sole purpose seems to be to as certain who did the deed; but the vital inquiry as to the circumstances attending its perpetration is ordi narily considered of little importance. This is left to be ascertained at the trial. The jurors are hastily sum moned; the farmer from his plough, the laborer from his hoe, the mechan ic from his work bench, the clerk from his counter, and the loafer and -idler from his seat on the dry-goods box. They assemble in haste, view the dead body, inquire who slew the p erson, examine a few witnesses su erficially, find that A came to his. death from a gunshot wound in the handls of B, the coroner issues his warrant accordingly, and the Cour of Inquest and curious crowd dis perse, all impatient to return to their respective places of occupation and abode, and indulge in speculation as: to the real facts, and the chances of' the accused before a petit jury. Whether the homicide is murder, manslaughter or excusable in self-de K fence, was neither inquired into nor at tempted to be determined. It is left ijto the solicitor 19> gather up from 'hefriends of the deceased, as best he can, the real facts of the case for he State-a labor either far too ar duous for, or beneath the dignity of 'n inquest; the jury-'s labor, in their opinion, being fully accomplished by finding who did the deed. In cases of secret and mysterious homicides the investigation ordi narily reaches tbe climax of haste. carelessness and impatience, and not infrequently results in the actual, j though unintentional, obliteration of all those little marks, traces, facts and circumstances unavoidably left* in the path of a murderer, and which, if opportunely noted and prudently followed up and unravelled, will dis-! * cover the guilty one. All duty is fulfilled under the verdict that the "f Charleston, the office is without moument, the compensation or in "ome being necessarily so small as .o afford no inducement to a citizen Lo accept it. So much so is this the ,ases that usually in nominations to Alce, and at elections. the candidate is the object of jokes and merriment, and accepts the office merely "for the fun of the thing" and to fill up the iket. Under the circumstances uliiency cannot be expected, and through in efficiency at inquests the acused scores his first chance for Tal triumph over the law. In the city and county of Charles ton, the coroner, with the aid of ex perts and detectives, does efficient work, being further stimulated to activity and zeal by the income of bis oHice; but the ease is different elsewhere in the State where there ire no detectives, and the coroner, d digestion to tak, two and-.thirty aistinct bites witl each mouthful of food (that is jus one bite to each tooth, if you an lucky enough to possess a full set: and lie religio.usly does what he bid us to do. Yet lie chats away th meal timecs with all the ea.sy v'olubil ity of a five-year-olid spoon-feede: Though temperate, Mr. Gladstonei not teetotal. Ile has too much con mon sense and self-control. A glas of good ale at lunch, and a couple c glasses of some old port at dinne are his drinking vices, and long ma they enable the grand old man t "renew his youth like the eagle." When the season comes you wi see the man of politics and book4 slip out of the house, habited in a extra seedy pair of trousg, boote in a pair offndescribab celogs the would be the envy e man wb wants to kick his cre or to Cove: tr On. his head is a Enldy relic a hat, on his shoulder rests a mighty ax, and evil is in his eagle eye. Be hold-the'ax will soon be laid at the root of the tree and another giant will soon lie low. The liberal clubs of Lancash're and Chesbire often invite to picnic in IIawarden park, but permission is rarer than it used to be. The merry irakers always insisted upon a speech until the thing became a nuiiance. But the working folk from the coun try side are welcomed occasionally, and the farmers gather to pay their rents, eat the good fare provided by their landlord; and then Mr. Glad stone doesn't mind treating them to a bit of homely oratory, generally in structing them how to make bigger inco.r.es by growing more fruit for jam or tickling their hen to send more eggs to market. So the days and the years roll around and the grand old specimen of English manhood ripens into the harvest. His hairs are scantier, and his wrinkles more than they were last year, but the glow in that brilliant eye and the fire slacks not in his heart. Come from the Hawarden home, with its reign of peace and its halo of filory around the loving fire side circle, come to the place where thousands strive for the prize of see ing and hearing Gladstone the ora tor, Gladstone the magician, who charms the people. I recall the greatest assemblage he or probably any other man ever addressed by the hour together and held them riveted. That was at Birmingham, 10 years ago, when 33,000 men gathered in the cattle-show hall, and greeted Glad stone as though he were a king. The pale face, nervously com. pressed lips and intensely earnest ex pressiop would strike the audience as betokening physical weakness, but the flashing, piercing eyes kindle every one with the contagious fire of enthusiasm. His rich, sonorous voice soon reaches the outer fringe of the multitude, and in a few mo ments the feeling is that of being completely un"'er the spell of a wizard in the arts of speech. A PLEA OF GUILTY. The Sudden and Unexpected End of the Trial of the Bald Knobbers. ST. Louis, September 10.-A spec ial from Jefferson Cfty, Mo7 says the trial of tte Bald Knobbers came to a sudden termination yesterday after noon by the defendants in a body entering a plea of guilty., In the morning Col. Boyd, their counsel, showed fight and the case of Geo. Deaton was called. He was charged with bulldozing Homesteader Ridonhone. John Denny and Geo. Silvey were arraigned for whipping Caleb Atwood, and entered a plea of not guilty. Col. Boyd asked for a severance of the two cases, which was denied. He then objected to the jury on the ground that it was preju diced from hearing the other cases. rThe Court ordered the trial to pro. ceed. When the Court adjourned at noon the Government had made the best c,ase up to date. The direct and circumstantial evidence was very strong and when the afternoon ses sion opened Col. Boyd said: "All you Bald Knobbers who have not been tried come forward." John Wright, Win. Silvey, Geo. SSilvey, John Denny, E. H. Denny, and W. F. Wright responded. Col. Benton stated to the Court that an agreement had been reached with Col. Boyd that the prisoners that had Snot yet lieen arraigned, together with the prisoners on trial, should submit cases jointly to the jury, and agree to a verdict of guilty of all the indict ments; also that the prisoners con Svicted and under a second indict ment for beating Hlugh Ratcliffe had agreed to the same process. The jury returned verdicts of guilt.y in each case. Col. Boyd then withdrew all the motions for new trials, and announced that the prisoners await.ed Ssentence. Judge Kreckel said he would.not ,pass sentence before next week. The Smen are all young and of good char eacters, none of them being over twenty-one years of age. There is .no bloodthirsty demand for yen geance, and is generally believed Swill be mild. A Delicate IIint. rShe-I saw a funny thing in the ypaper- It says that somewhere out nwest the weather is so hot that a farmer who went into his cornfield Ifound that all the corn had popped. 5It must be awfully nice to have such aweather. H le-Why, what are you talking Iabout ? Think how you'd suffer. oShe-Yes, I might suffer. But, -jthen, perhaps other things beside + he corn migrht be pop. He popped. BLOODSHED L IRELAND. T'wo 3en )urdered at their 31itchel. town 'leeting--Fifty-four Con stables Wounded. DrBLIN, Sept. 9.--Mitchelstown where the case of the governmen against William O'Brien under th, coercion act was to have been hear to-clay, was crowded all day wit] civilians, police and soldiers. Mi OBrien did not appear in court to an swer the summons. The service of summons was proved and the judg, granted a warrant for O'Brien' arrest. An open air indignatioi meeting was subsequently heli Henry Labouchere and others mad speeches denouncing the governmen for its course in regard to Ireland The meeting in Market squar was attended by 7000 persons Messrs. Dillon, Brunner, Labouchere John Ellis, Gill, Condon and O'He; were present. Thc government re porter, with an escort of police, trie< to push'to the front. The crowd re sisted them with sticks and stones The police then made a charg against the crowd, and were repulsei by men on horseback. Condo] tried to pacify the crowd. Dilloi advised them to treat the police witl insolent contempt, because hom, rule was nearly won and then th Irish forces would be under the con trol of the people instead of as noR in the bands of their enemies. The row was renewed, however and reinforcements of police who ha< been drawn from the barracks firei into the ';rowd. One man was killed and several others were wounded One of the wounded has since died The police next cl'arged and dis persed the crowd. FIFTY-FOUR CONSTABLES HURT. Mr. Labouchere was a witness o the whole scene from a carriage. H asked Magistrate Seagrave if th meeting might be held elsewher without molestation. Seagrave re plied that the meeting night be hel anywhere outside of the town. The: the constable came up sand spoke t Seagrave and the latter immediatel, corrected himself, declining to allo' the meeting to be held anywhere Seagrave was in the hotel when th police fired. It is not known a present who ordered them to fire Mr. Dillon, Father O'Callaghan an< Fathe O'Connellfollowed the polic and entered 'the barracks with then The two priest were put out. M1 Dillon was inside during the firin~ He says that much confusion pre vfaIled nobody seeming to be in con mand. Mr. Labouchere arrived late and asked the inspector to ascertai who fired the shots. The inspectc refused to make any such inquirj A youth has been found who says h can identify the constable who kille Reardan. Dr. Fenton expresses th opinion that Reardan was not kille by a bullet, but by a blow on tb head with the muzzle of a carbine. Fifty-four constables were treate for slight injuries. Mitchellstown quiet to-night. Mr. Dillon remail there, but Mr. Labouchere has got to Cork. . The persons killed were an ol man named Reardan, a resident< the locality, and an elderly cabins from Fermoy. The injuries receive by the police consist principally < scalp wounds and bruises. Jones Still in Jail. Special to News and Courier. EDGEFIELD, September 8.-Jont has not yet furnished bail. lHe he made no effort to do so since Satu day last. Un that day four parti4 were present 'to go on the bond, whoa aggregate property on the auditor books amounted to $23,690. Ti clerk of the court deducted tb amount of homestead and liabilitih on the clerk's books, amounting I $9,809, which left $13,882 as ti amount in which the parties coul justify, and enable them to go on tt bond to be given in the sum of $6,94 -It is said that another effort 1 give bond will be made on Saturda; but it is thought by many that Jon4 will not be able to comply with ti requirements provided by Judge We lace in his order granting hail. There is a much more healthy se: timent in Edgefield County in regal to this case than th~e outside worl knows. Whether .Tones is ablei give bond or not, the public may re assured that the clerk of the Con will see to it that he is not releasi on straw bail. A good bond will1 given, or Jones will remain in jail. TIHE TRIPLE 31URDERER THINKS TTH HIE Is PERsECUTED. EDG EFIELD, September 7.-Jones proposed bondsmen, four in numbe were again in town a few days ag They insisted that they were fina jallyle to i meet the 'demands Judge Wallace's order. The clerk of the Court, after a tl'orough. inves tigation, thought otherwise, and so Jones's second attempt to give bail has failed. It is said that the bonds men came within $2,000 of making up the bond. It is generally believed a that they will succeed and that in a i few days Jones will be at liberty. 2 It is universally conceded that Judge Wallace's action in the matter conformed to the law, and while some papers demand it, it is not thought a proper, nor is he called upon, as no a other Judge is in any case, to make a 1 public apology for the course pur i sued. 3 I understsnd that, in conversation t with a reporter of an Augusta paper, - Jones claimed that he was the worst hounded down, persecuted and abused man that ever lived, and all because he is a Georgian. He has been made to suffer imprisonment and been deprived of home comforts and social pleasures, and made sub ject to a trial and, worse than all, convicted of manslaughter, and all a this because in self-defence he tooK I the lives of three men. 1 f The Tinfoil Business. "What was that he threw away ?" "Oh, only a piece of tinfoil from his tobacco." Only a piece of tinfoil. Did you ever consider how large a manufac tura of that article, apparently of so little value, is carried on? Will you believe it when you are told that more than 1,000,000 pounds of the foil are used annually to cover the smoking and chewing tobacco man factured in the United States alone ? The method of making it is tnterest ing. The tin is of course first taken out of the mines, the best of which f for this purpose are in Austtalia and e the Dutch possession of the East In s dies. The metal is found in veins or e fissures called lodes, though it is also often found in a dispersed I form in loose stones, which when n found continuously are called u streams. The * rock containing F ore is blasted with gunpowder v and carried to ~the. stamping mill, where it is pounded and washed. e It. 's next melted and the tin run into t clocks containing from 200 to 400 weigLt each. This is the condition I in which the metal is kept for ordi e nar: use. iTwo. means are used to,retce-it to -the necessary thinness. The old - manner of hammering by hand, after - first being cut is still used to a great Sextent.. By this process, however, r only one surface could be produced, 0 and to obviate this dimfiulty rolling r milis were invented. -Prior to their - invention nearly all the tinfoil was e imported; but their use has co,mpletely a revolutionized the trade. The metal e is now placed between two heavy d rollers, whichi gives it a fisished e surface on both sides. It is' then cut into widths of from 12 to 15 inches, d rolled upon wooden reels and carriedl a to cutting machines, where it is cut ,s according to order. It is then packed e in boxes of 100 pounds each, being laid in without pressure. There is d another difference between the foil af which is beaten and that which is n full of small holes, but foil to be d used for tobacco wrappers must be f airtight. A Big Increase in the Phosphate Roy alty. COLUBIA, Sept. 7.-All of the re s turns of phosphate rock mined during s the fiscal year ending August 31st r. have been made to the Agricultural s Department by special assistant E. L e Roche, and they show that the State s will receive a royalty this year of e two hundred and eight thousand e eight hundred and forty-two dollars e and sixty-one cents, against one hun o dred and ninety-six thousand and e eighty-nine dollars and eighty.eighl d *cents by last year, showing an in e crease of twelve thousand sever i. hundred and fifty two dollars and ,o seventy-three cents. This is the , largest royalty paid into the State s since the development of the phos e phate industry. The Constitutional Centennial. 2- PHILADELPHIA, September 8. d Gen. Sheridan to-day assumed com d mand of the troops that are to par a ticipate in the military display, Sep st tember 17, in honor of the Centennia rt of the Promulgation of the Consti d ution. A Favorite Friend. T Omaha mamma-Now, dear, yot must invite one of your little friend s~ in to share your .candy. r, Listle Dot-I-I guess I'll invit ' Lucy. -"Well, that-will be nice." -"Yes, candy makes her tooth ach of n' she never ats much." EX-GOVERNOR AIKEN DEAD. " thr One of the Richest Ante-Bellum States- ' men-His Career as a Publc Man. vel CHARLESTON, Sept. 7.-Ex-Gover rod nor Wm. Aiken died to-day at his rie, country place at Flat Rock, North int Carolina, aged 81. He was pover- fro nor of South Carolina in 1,44, and 'Th Congressman from 1851 to 185" the He was the largest slaveholder in tle the State, and was a 'successful rice planter. Wm. Aiken was born in Charles ton in 1806, graduated at the South so Carolina College in December 1825, embarked soon after for Europe, and travelled for several years on the I continent. He returned to Charles. sts ton in 1829, and in 1830 became pos- sei sessor of Jehosse island, on the Pon tin Pon river, some thirty miles south of cal Charleston. The island, containing the nearly four thousand acres, was ad- $6 mirably adapted to rice culture. Its am new proprietor at once addressed Of himself with great s kill and energy su< to its development, devoting himself we to this labor for many years. Com- sei mencing with the cultivation of three Tb hundred acres, he soon had in use ms two thousand. He executed large an work in canaling and embankments, nu so as to command ample supplies of ga fresh water. He erected his own ga rice mills, threshing and other ma- siz chines. His negroes, 1,000 in num- 1ic ber, were settled in neat and com- 00, fortable houses, disposed in villages 2,4 beautifully grouped, and were said ter to exhibit a remarkable degree of gr< comfort and contentment. 00, In 1838 Gevernor Aiken was thi drawn from his retirement and pri- of vate pursuits by the people and sent ab to the State Legislature, and was re- ch. turned again in 1840. In 1842 he of was elected Senator, from the same m< parishes, without opposition. In Tt 1850 he was elected representative to va Congress, re-elected without opposi- wi tion in 1852 and 1854, and declined on re-election in 1856. ua In the State Assembly and in Con- po gress his conduct was marked always 00 by good sense and a rare. amenity of -q manners. He was not a debater, ea and never ambitious of oratorical 4,( display. He cultivated the social an charities in public life, was uniformly wE mild of temper, gentle in bearing, unobtrusive in society, unpretending in discourse and conciliatory to op- O, ppgents. Re s upp ed by the 'Democratic members fo thee er's chair and lacked but a single vote of success. He was regrded as one of-those- persons who, at the 0f time of great politigal bitterness, pl might be looked to as capable of re- is conciling the most hostile ex- E tremnes. ti Governor Aiken was one of the C( wealthiest men in the South before be the war. He employed his wealth er judiciously, contributed greatly to R *local enterprises, and was distin- to guished by munificent charities, be stowing large donations upon the ar Orphan Asylum of Charleston, con- at tributing to the endowment of the or Charleston College and other public le institutions of his native city. He sh consistently opposed nullification and N secession, and took no part in poli- le: tics after leaving Congress. He was also one of the first appointed trus tees of the Peabody fund-. A TORNADO IN MICHIGAN. ti ---- in A Train Meets its Centre-A Gentle man with his Wife and Child t Blown Ofr of His Buggy. in -- th TOLEDO, Sept. 7.-The tornado r which visited this section yesterday uj originated in Southern Michigan. It d first struck Sylvania, a village ten miles north of here, blowing down 0 two gas well derricks, and wrenching a boiler from its brick foundation. Three horses in a pasture were killed by falling trees. All tall trees were a levelled. One farmer had fifty acres of fine timber all blown down. The a brick schoolhouse at Michie was de. stroyei. The track of the tornado'. was south by east from here along ~ .the line of the Toledo and Ohio Cen. ~ g tral road, and is from one to two hundred yards wide. No fences or tall trees are standing. Corn is scat- h tered and houses and barns are au- b -roofed for miles. At Waterville and - other villages to the southward, much - damage was done, and the total dam - age will amount to many thousands i of dollars. No loss of life is reported. The slate roofs of a number of buildings were badly damaged, and towering chimneys of the main build- it ing of the insane asylum were blown down, crushing in the roof. The q r total loss to the asylum is eight~ thousand dollars. Dr. Emibury, as sistant superintendent uf the asylum,! b was driving into the grounds at the g time, his wife and little daughter l were with him. c the buggy was overturned and all ee were thrown out. The doctor d on to the horse, whicb, with the licle, was lifted and carried several Is. His wife and child were car 1 over a hundred feet and dropped o a dtch in'two feet of water, m which they were rescued unhurt. e Wabalh train met the centre of tornado, and the smoke-stack of locomotive was carried off. OCEANS OF MILK. me Facts and Figures Concerning the Cows in This Country. Neio York Herald Dur American dairy interests are - ,rtlingly enormous. They repe - it an investment of nearly five ies as much as the entire bank sital of the country-that is to say, bank capital is a little less than T1,000,000, while the dairy interests ount to more than $3,000,000,000. course our readers cannot swallow h frightful figures in a lump, and will therefore arrange them in eral smaller but still heroic doses. e number of milch cows is esti ted at 21,O00,000. They give each average of 350 gallons of milk an ally. This would make an aggre te milk production of 7,350,000,000" Lions, a miniature ocean, a fair ed Niagara. Four thousand. MI. n gallons are used for butter, 7Q0,- -y D,000 for cheese, and the remaining - ?0,000,000 pass through the adul -ating hands of the milkalan and )cer, and down the throats of 60, - 0,000 men, women and babies in s land of freedom. The quantity, - butter manufactured and used is out 1,350,000,000 pounds, and of eese 5,500,000 pounds. The value our dairy products for the last 12_ mths was nearly $500,000,00 - lis is $20,000,000 more than th lue of our annual wheat yie - iile it closely approximates thatx r corn crop, which is the most val - ble of our farm products. To sup-.^ rt this immense dairy herd 100,000, 0 acres of pasture land are re ired, worth $2,500,000,000. It, is sy enough to see, therefore that the )00,000 farmers in this codntry areY important element of our -tio ^ lfare and prosperity. A BRITISH PRPHE'P ie Hundred- Ad- Sorty A Rev. M. Baxter, of fie# England, has just delivered< ophetic lectures at Liverpoo ha nothing vague about this prh~ agland is to be separated .eisI rely from Ireland, India and 1I e~ lonies. Lucien Bonaiparte as~ come king of Syria, and later on,. aperor of France. Belgium and the liine provinces are to be anneieed * France. In 1896 144,000 watchful Chritas m~ e to ascend from earth to heaven Id the millennium is to commence SA prll11,1901. The lecturer chal nged any minister or individual to ow that he had made any mistake. o one, as yet, has taken up the chal nge. "Wearing the Breeches." Chicago News. The moment of supreme dignity in ., e boy's life is when he first gets to trousers. Perhaps the feeling of - iumph is due more to his now hav g discarded long skirts than to any ing elke. This appears from the mark of one observant youth, who, on the memorable occasion, glanced wn upon the new glories of his ~rson and exclaimed: "Now, I'ye >t two legs, just like Sam !" Small obin, when he had come to this first rning-point of life, showed himself ider similar circumstances more oft gentleman. Arrayed in his new. Lit, be was at first speechless with Leer delight. Then at length hie y found tongue, and he burst out )h mamma, pants make me feel 86 rand ! Didn't it make you tdel and when --." But a:e a*tul )nsciousness came over him that Lis bliss had never been shared by is mother, and he laid his wee, chub- - y hand pityingly against her cheek, ying, pathetically : "Poor mamma!l aor mamma !" New Use f6r a Bustle.A Texas Sifting. Tommy Peterby rushed excitedly ito his mother's presence and said: "Mamma, lend me your bustle :2 nick." "What for, my son?" "Pa saw me fighting with another oy on the street, and he says he is oing to whip me as soon as he comes oine, and he is coming around the rner now."