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VOL. 111.] WINNSBORO, S. Ca, SAIPURDAY, OCTOBER 13, 1866. 110
14 PUBLIUHED EVERY TUESDAY, THURB
DAY AND 5ATURDAY .
H Ga2ard, Desportes& co
I a Winnsboro,' S. C., at $6.00 per an.
num, in advance.
fHE FAIRIELD HERALD,
I UBLISHED EVERY WEDNESDAY MORN
ING, A $a.00 PER ANNUM.
Oharge of Judge Alduioh,
GENTLEMEN OF. THC JURY.-I ad.
onish you to bear in mind the circum
.4tances by which- you are surrouned.
1 call upon you to recollect that the law
f South Carolina is now what it always
has been. namely, that the negro shall
bM prot+cted from violence offered against
'is person. Ib has been a law o. our
';ate for many.years, that if a negro is
asaulted, the porty committing the as
ault be punished; and if the life of a
iegro he taken with malice aforethought,
Ilie law has always regarded that act as
iiurder. It i4 therefore no naw thing that
n man should he indicted for the killing
While informing you that auch aUs
th ways been the law of South Carolina,
'. admonish you to avoid another ex.
%t reme Do not allow yourselves to be in
.uenced by any excitement, because of
1.te'peculiar condition of the society
which now exists. Let us mete out,
justice to these people as we have always
<!one. Let us not be unduly prejudiced
for or ag inst them. . In the present in
4 tance, let us view the case according
to the facts that have been detaihid, and
lie law as it shall be atwounced.
-- There can be nd dc.nht at. all, that the
irisoners at the bar killei the negro,
John Counts alAw. John Dawkins. It
is very probable that this .man Coun a
was one of a party, whd bommitted the
,post brutal and atrocious murder of an
iioffensive man by tife n4me of Lemuel
L ane, in Newberry, and robbed him of
: large amount of gold and silver. I
have no doubt the prisoners knew that
I hicrime had been committed. They
heard acc(dontly, through a little yellow*
hay that the deceased was in. the r.oad
near the Asylum; that he had asked
t he boy to' show him and his companion
the way to the Charlotte Depot, and
had given him a quarter of a dollar; and
Ihat he had in his possession.a large bag
of coin. This liule boy had Informed
one of Lie witnesses of these facts, he
immediatelV went to Starling and Pope,
and gave them notice of the decutrence.
These two men fot:a |fect.ly legal pur.
pose, papAred for the *arest of the no
The only difficulty in the case, gentle
men, Is whether they had any riVht' to
arrest this negro in the way they did.
That they had a right to arrest him, I
have no doubt. They had every reason
to believe that he was one 8f a party, - if
not the identical man, who fad slain
and robbed this.qld mn-Lane in' Tow.
herry. They pursued. and came upon
him and killed Iim. The question is,
whether that was an excuablo homi.
- I thihk that thelaw was properly stat.
edto you, when you were informed thbt
an' officer armed with a warrant for -thie
arrest of a person accused pf"felquy, .ha~s
no right t:o take the life oE the accused,
tinless there is such resistancoe to his au
* thority that thle. aotgecomes absolutely
nees .But eferyo;twen has a r*hr,
.wheeqeonyhasbeen omited, sto
arrestthe :elon. The ':enly dif'erence
bot4m and, thetoioee Is lims, thaF'
it hp ttifta to arree( a 'party' acguse-d
scensed with tolny, pbt beppg :armed
authority, what .eves & lie '. does
is ni his owns peril. if it be proved that
the aresse isnpif#os, .then is
the p hof a breach of the
pesc, afd prdessof the arr.es
thefcebed ..?fled, tecltiseri be
somes der, If on the. oth
er hanalspesthat, this per.y .
.takarAsqd'auhmself a nrdoter
and wad killed In the sot of strest, then
the qntitob "esp whesb. degree of
guIlhihhall .(a4)h to th~itisn
~ jwhas beei read ~y he lgarned
o'n,.i 4Ah. i4 so ablyi 4 ns. alously
utt eqqnfe m g wi
that ihe f .
thejury. to allow every man, w1io hears
that felony has been committed, tojudge
whether there is a necessity for him to
arreAt the aupposed felon, or to take his
life. If this were allowed, there, would
a great number of cases of murder which
could not be reached at all. Such a'
privilege might be made an excuse for a
crime unparalled in civilized society
When an ofAcer of'the law is set forth
to arrest a felon who has shocked hit
manity by the enormity of his offence.
he is compelled, by the law, to be can
tious how he takes human life. He is
not authorized to do so simply because
.the felon. flees. But, when private citi
sens undertake to arrest an accused par.
ty. although the motives may be per
fectly praiseworthy and is to be encoura
ged, they must be. extremely cautions
how they shed human blood, because
they take upon themselves)a very high
responsibilily. They take all the risks
and all the conseqnences. * 0
Now, I hate no doubt that the pris.
oners at the bar, acted with perfect con.
scientiousness in this matter. I do not
think they pursued that nngro with the
hope of reward. They were simpiy in
forned, that a horrible murder had been
perpertrated, and a whole family thrown
into distress; and under the generous
impulsp of youth, they went forward to
arrest the murderer. It iti for you to
say, whether they exercised in that ar
rest, a degree of violence which was not
warranted by the law. It is for you to
say, by your verdict, whether these
young men, in attempting to make this
arrest, were authorized to judge, whet.h.
er they i ould take life, in order to stop
the ma. who was running.
I do not 6Ad fault with the learned
counsel, who, so forcibly and eloqnently
has urged that a jury h4ve the r ght -to
judge 'of the law and the fact. I think
it likely that the 9ld barons of England,
intended in their Magna Charta, that
the jury-the peers of a man should
possest ihe right to judge of The law
and the evidence; amid that when they
wre;,eed that,charter from the tyran.
nous King, they invst,ed the jury with
ts privilege, But, this is not the
question. The question is, what is the
law 'now ? It has been decided again
and again b our Courts, that juries are
not the jdes of the law. Juries are
judges of the fact, and tr.ey must - take
Lhe law as it is expoundedby the judp.
That is the rule in South Carolina, which
has prevailed for many years.
Now gentlemen of the jury, this case
is. in a tery narrow compass. Was
there any necessity for this young man
to kill ihat negro? If there was a no.
Dessity, did they hayq any authority
simply as volunteers, to shoot him down
in the road ? I think it my duty to amy
Lhat ihit case ianot possibly be mur
der; and hence, the poink you are to de.
oide is, whother these citisns commit
Led an excusable homicide. If you
ohoose- to rendet.such a verdict, you
hAvO the rigbt, to do so. But, if you do
iot come to thati conclusion under the
law which has )Ieen expounded by the
Dourt, you will btihgii, q, verdict ao.
:ordingly. I say to you, ho*ever, in
conolsion, that you have a right under
al the circumstances to bring in.w ver.
lict of not g6ilty, if suA should be your
decision, and with.thke6 rematks I leave
the ise in your hands.
The jtiry then retired, and as was st*.
Led in a- former'issue, after a consulta.
tion of three fou,rht ofAn hour, rendered
4 verdict of ohot k1'lty " -
Meaur&. starling aRd P->pe, then re
tired an.h4 thf congratlatilons of their
friends and of the larg- audience who
Oiled the court room.-C.aroiniam
T'um,WLb,* 9oP GOL -. T733 UN?RD
BiAv*s.--The Londoe &Ree has 'the
atedux of gold ,to. -the Unit4d
i as oetisint*ed o,. a .newhat.
feet,4:oet t tha
et W p aIo af Ws
A~dr4 -d a. Ihtestots are
concerned, the renewal of the civil war
is considered in the highest degree re
mote. As we have already had occasion
to observe, this belief is not only felt by
Englishmen and Germans,- but has lat
terly been shared by Frenchmen. The
five-twenty bon'ds, whigh these ship.
ments are madAo pay for, are aj eager.
ly it not more eagerly, bought in Paris
as in London uand Frankfurt. Not very
many years ago, scarcely any f-reigin
securities were quoted on the Fronch
Bourse, and it is significant to notice
how Seat on alteration has taken place
in thf respecL Except on our own
stack exchange, it may be doubted
whether, in any other capital of.Europe
-not even in Frankfort or jimster.
dom-foreign investments are now so
largely held as in Paris. Formerly, na.
tive capitalists Would take nothir.g but
the rentes; now, they are ready to n.
vest in Italia,n, Spanish, Mexican (un.
fortunately and muny -ther similar secu
rities. Except, however, in rare instan.
ces, United States bonds have been in
little favor, and hence the significance
of the present demand."
AN EPISODE Oir TI GEnRMAN WAR.
-The London Mornings Heeald's mili
tary correspondent gives .the following
A farme.j, living in a hamlet naar
Possuitz, had a wife and two children,
and such was the woman's terror of the
Prussians, when she heard they were
coming, that her husband, to satisfy her,
placed her in an under ground cellar,
with her two little ones. and built up
the doorwav, leaving some food inside.
The Prussians ontl'(ed the place, and,
among others, obliged this poor man to
accompany them, with his horse and
cart., for a day's joitrney, as they said.
But the man was brought on from place
to place, ard at last, when he was suf.
fered to return and reached his own
house, several days had elapsed. On
the way back he began to calci'lhtie
how little food had ben left with the
wife and children; and horror stricken
at the dreadful thought that their cries
might not be heard, his hair is said to
have turned white on his homeward
journey, His fears were but too real.
He tore down the masonr.S, searched
for those so dear to him, but only found
three lifeless bodies, half devoured by
rats. Reason left him by Lte dreadfil
sight, and he is now in a hospital, a lu.
PTAL. CoHoPSiTIRS.-The Field
and Fireside, published at Raleigh, N.
C., has all its types set by female com
pt)sitors. Speaking of the subject, the
Field and Fireside save:
The ladies employed in this office are
some oIt,he niany in the Sonth upon
whom the disasters of the war fell with
a heavy Iad. They are all well edu
eated and accomplished and belong to as
good families as any in the city.' At
four o'clock their day's duties end,- they
then go home to dinner, are ready fqr
an afternoon walk or call; and we doub*
not that many a young gentleman, who,
deoiring an evening among bright eyes,
prety fices, good music, etc., is uuftn is.
tonished (if not made to feel small, by
his own lack of pOAting) at the thoroug
ramiliarity .whict these ladies evince ity
all matters - pertaining to current liters
ture. He does not trouble hirnself to
awertain where and how they read so
much; it is enough forl,im that they can
lead him in conversation upon almost
any topic. .
.-If these ladries deign to touch, with
their rosj finger tips, the hat'ids of any
of t.hiefigallants,' which we very much
doubt, we are inclined to the opinion
that winaya t'ime the men\tal ejagsla
tion hasa#nggested' itself, "what fure
white hands she has I" -It is not, gene.
rally known that there is a strong
bleachitig quality in types and printing
offces; and that there is no business by
wrhich one's -handa can be made whiter
thab in a composing room.
:.ipe~ huniared and forty applications
hmaveheen received from negroes in Geor
pa, '1enness~ee, and Virginia, by the
Amefican :Colouization. Society, for
Ianeportation'to ,Liberia. They wil
kpnart 14ovemnber 1.
AN ExHIDITION oF PERIODICAL
LITERATURE.-One of the interesting
features of the- Paris Exhibition will be
the collection of periodical literature
tiow in- course of formation in England.
Newspapers, magazilles and pamplots of
all kinds are to be cla-sified and exhibi.
ted ; the isRues of the year 1860 only
to be included. A i4imilar collection
from the United States would be.us Jul,
if for no oth,e purpose than that of
comparison and suggestion. There is
greater room for the improvement of
periodical literature here than in Eng.
At the London Exhibition of 1862
the royal commissioners showed 'a dis
position to exch.le literatury prpduc.
tions, but the French plan contemplates
representat.ions of modern society in all
its forms, and expressly invites contri
butions of each newspapor, review, lite
rary, artistic or scientific journal, maga
zine, tract, pamphlot, or the like, pub
liehed in Great Britian or the colonies
during the past year. Even street
ballads are to be included in the collec
GREENBACKS NOT A LEGAL TENDER
-In the Circuit Court of BAhimore
on Saturday, Judge Aln_ander decided
the act. of Congress making greenbacks
a legal tender unconstitutional and void,
an assumption of power not granted by
the Statesje their agent, the General
Government, and the court in argument
puts the iWportant query-cnn Congress
tonvert paper into gold and silver ?
An -appeal from the decision will be
EXCMP TTONS.-The following is pub.
lished for the informa;ion of the p ublic:
Articles exempt from cxecution for
debt, viz: To each family, two beds
with necessary bedding, two bedstead ,,
one spinning wheel and two pair cards,
one loom, and one cow and calf; if a
farmer, the necessary farining tools; if
a mechanic, the tools of. his trade; the
ordinary cooking utensils, and ten dol.
larR worth of provisions.
[ Statutes of S. C, Vol. 6, Page 214.
Sci,NE AT A 1ADIVL MI,ETING.
The National Intelligencer has the fol
General Cameron, in speaking at the
late Harrisbnrg mass meeting, seeing
General Knipe in the crowd. said
"11bere's your post master,* Jmf Knipe.
I made him general," and no aooner had
he uttered the words than there rung
out, in h clear silvery voice, from the
audience, "You are a liar I I was
make a general while fighting the- bat
tles of my country, while you were at
homA spegilating in male contracts." It
was the voice of the gallant. General
lCnipe, and of course there was a com,
-motion. A rush was made by the roighs
at Knife, but he defied them and kept
The Philadelphia papers come to us
with this paragraph:
A DyING CHILD MURDERED -James
Williams. sixty Aix years old, living at
Fifth and Redford -streets, on Tuesday
iight, it is alleged, took a little child,
five years old, from its bed, and though
the inocont babe was dying, kicked it
brutally about the room, so that it
Now if this had occurred down South,
and the child had been black, what a
bowl would have gone up thronghout
YEttranspires that Butler gets $250
per diem from the Central Conimittee
during his stumping tour. This sum, in
additibe to trifles that tfall in his way
and are easily,-secreted, keepa the ltoc
tor quite chegrftul end cornfoet,ble.-- .
Tbe Springfiel (Mass.f Union
that "sensdialism, -it all its:mnoe -beastly
and disgtlsting forms 'of lceni.iousnebs'
atnd ptohigtcy, Is on taid ip.-rdse in.
all our'Now:Egln ite aneI.Itwns',
tnobody can bliok t&ouit of:llht. rihout
doing violyce to, tIs)ctowle34obf a1pe
Ordinary advertisements, occupying vot
more than ten lines. (one squa're,) will be
inserted in THE NEWS, at $1.00 for the
Brat insertion and 76 cents for each sub
Larger advertisements, when 'no contract
is made, will be oharged in exact propor
For announcing a candidate to any office
of profit, honor or trust, $10M00.
Marriage, Obituary liotices, &c., will be
charged the same as advertisenents, when
over ten lines, and must he paid for when rA
handed In, or they will no. appear.
INFORMATION WANTED.-In 1859,.
the.then Governor of Ohio, Salmon P.
Chase, in the midst of a grdat excite
ment growing out of an effort to. Cn
force the fugitive slave law, taking
the form of the arrest, by the process
of the United States courts, of certain
persons who had released the fugitive
slave, -for whom writs of habeas corpus
had been sued out in the State courts,
thus threatening a conflict of jurisdic
tion between the United States courts
and the State courts of Ohio, laid
down the doctrine of nullification.1
Governor Chase said:
"I will only say, wiat l' have fre
quently said before, that as long as the
State of Ohio remains a sovei'eignty,.
and as long as I am her Chief Exoeu.
tive, the process of her courts shall be
executed. -F -t 1
When I am called on to act, I will
act." [Imm.nse applause.]
Now, we wish to know if this Salmon
P. Chase is our Chief Justice Chase.
If this be verily so, and Governor
Chase and Chief Justice Chase are
one and the same person, we cannot
but think that the trial of Mr. Davis
before Chief Justice Chase willbe a
very awkward affair. -low will a ntl
lifier try a secessionist I Wo can
readily imagine, when the c6unci, )t
the acnsed justifies the groun-1 of the
sovereignty of the States, that the
Chief Justice will feel that his p).
tion of presiding 'Judge is h N!
embarrassing. We are -iios ti !01r1
what weight Chief Justice Chazise will
give to the opinions of Go(vernor
Chase on the question of State sover
INFO M ATION.-The subjoi led para
graph may be interesting information to
a Welshman, but we can't translate
"Crwdglmpes Ap Thoma, the Welsh
bard, is coming to this country. He will
be received by the Llwgimnramstrath
of Philadelphia, and his performance o'n
Q'hmdattrurgw#1yn, or Welsh harp,
will be the n itnteresjing musical
event of ihe) season. He is a.native of
Melgvsrnwb.twith, andWis father was
the illvei.r (,f the Brnwr.w Cymret
Muv.u r ri-s or, Tnoo's.-The recent
arrival of two- or thioe id'd.tinl regi.
mts of United . Stat rozidars at.
Wasl*ington city, has create(t apporent
alarim rong the ra4it-hs. Thiq itff!ect
to believe tht the President comem
plates a coup d'tat on the re ussemb
ling of Congress.
NRAr, EARt.v.-Genera Juha
A. Eal'y will spend the winter in Tor
onto, Canada WVest. He has completed
his histqry of his valley campatign, and
has it niow in press- It wvill be issued in
a short time. It is said t,o be wnrtten in
Coniigderahle feeling is exhibited through
out Georgia just, now on the subject or repu
dliat.ion. It Is thotught that an effort, will
be made at the meset Ing of the Legislature,
in November. to relieve the people fronm
payment of certain debts contracted during
and p.rior to the late war. The pleas urged
for repudIation are the loss of slaves and
the.failurqe of the cr ops. The amount of
p roperty returned in the St.t for 1886 Is.
$200,000.000; in 1860, $620,822,777 ; loss
to Sftate over $465,000 000. - -
The Parie Chtarnvori has a picture of
the Atlantic Telegraph Company. The -,
telegraph.; "W hat in the duce is the
meaning af this ? Dog ? a-despatch dat..
ted Dog ?" "W hy, you see, I did not
want to say Newfonmndland, because
that would be $15, so I wrote Dog to
A class of young girls being examin
ed in polcal economy were asked,
"How ma Congress divided ?"
With an air of"confidence a sweet:
i ed and Savage.
Gen' Grant's pay is $1.078 a year,
and -Liont. Gen. Sherm~An's $13,518.
Each iilowed. fif-y horass. A major
geneit1 gete $5,000 a year, aui ja *1l
lowedi fie hofses.' Thel pay' O bt'b
dier is *3, 940.50