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The tri-weekly news. (Winnsboro, S.C.) 1865-1876, November 01, 1866, Image 2

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026922/1866-11-01/ed-1/seq-2/

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WINNSBORO.
Thursday Morning, Roivember 1, 1866.
T. P. S1.11)a, Esq. is the
sole agent for this paper in Charleston
S. C.
g- Mr. JAS. H. SMITH, formerly
of this place, but now residing In
Charlotte, N. 0. is our authorized
agent for the Nzwe.
Mtr. 8MIT can b found at the
Tineio%ce.,
The ourt.
The Court continued its sittings on
Toesday. The order for 10 o*oloak
was the case of the State ve. Jas! L.
Martin, charged with the killing of
Jno. P. Bell on the 9th of April, 1863.
The Judge upon reading the case from
the docket, was informed by the Solf
eitor, C. D. Melton, Hsq., and the
counsel of the accused, Alessrs. J. M.
Rutland voice. . leCanto, that they
wereready for the trial. W eitereupon
thd accused was arraigned, and, after
the tisual preliminaries, the indict
ment to which the prisonor plead not
guilty, was read by the clerk in an
agitated voice. efore procugt.ing to
record the testimoiby in this came, it is
proper to state brieffy a few facts. -
The peculiar circumstances -of this
case made the reading of the indiet
ment an afcti&g matter, for here was
the accsedharged with the iniarder
"with maalice aforethought"' of one
who wao a bosom friend. theh the
deceased and tbo prionr at the bar
wror worthy., repectable, honorable
and intelligent citizens. Hence the
the friends of both could not but be
touched by the affecting circumtstan
ees attending the case.
At this stage of proceeding in the
se the Grand Jury entered and
04 WAnde their presentment. They re
ported the jail, with some slight ex
Jeptions,in good condition, and a safe
Aace of confiDomqnt.. .Several of the
ads wero reported in bad order.
The road leading from Winnsboro to
Rocky Mount was reported in a condi
tion ;so too the roads to Dell's Bridge,
Brown's Bridga, and the road leading
fron Trapp's Store to Columbia ; and
in addition to tbese, the road from
Winnsboro to Doko,the main road lead.
ing to Columbia id Sandy Level,
andfrom Milling's Mill to Colunibia.
Him Houor; the Judge, thanked the"
Grand Jury f'or a prompnt discharge of
their duty, was ploased with the re
port, and discharged them.
The trial of the eapital case wts
now resunid. Dr. V. K. Turner be
ing sworn and examined by the Solici
tor, testified in substance as follows:
Witness was at t4e house of J. P.
Bell, deceased, the day he was killed.
Deceased was killed by a rock thrown
from the hand of prisoner, Dr. Jas. L.
Martin, Ott the 9th of April, 1863, and
in the District of Fairfiold, Witness,
Dr. Newton Martin and the prisoner
reo up to the house of deceased and
stopped near the yard fence. Otte of
the party called to the deceased who
'came to the door, and then to the
frout gate. Deceased began to tease
prisoner about the manner ho wats sit
ting on his horse. Deceased asked
prisoner for a whip Ibo had in his
hand, with which, when prisoner had
handed it to him, deceased struck pris.
oner three ti,sdes upo. the left thigh.
Prisoner told deceased not to cut
.hIm with the whip. Prisoner then
*.alighted fram hisa horse, picked
up the eaatly- ene of two rocks
lying by4hi.fojeo, and crossed over
'the.feug withi Maid-rooks -in his hand.
The'roo,k was of a size to 411 his hand.
1)eeeaaed retreated a few steps and'
got belhind .a tree. The prisoner fol
lowpd and took a position on the oppo
site side of the sante treeAPrisoner
got the whip from the dqpwsed and
struck deceased twice wil the lash
end, reaching around the tree to do it.
Witness did not know how prisoner
get tho whip fronm decesesd. Prison.
or's horse becoming frightened started
off. Witness at the requnest of prison
er caught the horse and hitced him.
Heard a sound an4 looking round saw
the rock whioh . prisoner had had in
his hand bounoing off from *A.
Did not se it strike dec ed. w
that dec ased hLd sunko ni i
knees -[Here the wituss placed
himse in the position he saw deeeas
ed i t AiisfT%b irdtfg-rrEasret wj
attracted ,wsound *the
upon the heoa doceea- Sa33
prisoner striko deqqased then with the
butt of the whip.AKeard prfs'or
then toll deceased to come from be2,
hind the tree, *which deceased'delued
to doA.Deceased remained- insensible
'htil his death. T-ao affair occurred
between eleven and twelve o'clock.
The stroke was a little above and be
hind the loft ear. The skin was very
slightly injured. The're was nothing
to justify the -opinion that therc was
any fracturd of the skull. )id. 'o'
know where decensed orec'ived the
stroke of the whip in the hands of the
prisoner. Witness believed the im
mediate cause of death was the rUp.
ture of a blood vessel about the head
Witness, the prisoner and Dr. New
ton Martin the only ones present.
Deceased was carried into the piazza
of the house. Witness remained with
deceased until Dr. rico arrived, when
he was called off to ather patients,
Was not with deceased when ho died.
Rid not know what hronrof the night
he died. Was early part of night.
Iisoi.er and deceased were ffrst cous
ins. They wore on good team, more
extremely friendly, and associated a
great deal together.. The wife of do
'cased was not at hone. Nd not
know how far she was away. She was
sent for that night. Thebo was a 0oto
sent to hr. Did no know who wrote
it. [At this point 'a note was haihded
witness which he recognized its t
hand-writing of prisonor.] . Di< not
know what hour of th'qy the wife '
deceased reached botne, Uhit befo'- the
-death of deceasedt I: . - .,
Cross-4amnod.. Wftinsi. tiho pr4oTT..
or and Newton lfMartin were coming.
from Douglass' fill.. ]Dr. NewWn Mar
tin owned the whili.. -isoner got the
whip from Newton Martin after passing
Widener's apparontly tq (to<aken up
his hore.. Deceased wagsecond cous
in to Newton Martin. Thire* was '
cAversation abotit deceased : by the
three before they reached his house..
Newton Martin said that deceased.had
been dragged into the church bylis
wife and mother. Prisoner said he
thought not, but believed dneocased to
be a true Christian Prisoner-had the
. hip in his hand when they all 'r'de
up to deccased's fence. Deceased got
it from prisoner
It was a platted whip, perhaps about
three feet long and two inches 'In cir
cunference,-such a whip as 'is used
for buggy driving. Deceased struck
prisoner reaching over the- fence,
three times pretty bard. Prisoner
get the rock outside of the plank fence.
Thme fence was not far from the door
of the house-an ordinary plank
fence about four foet high. The tree
was four or five steps from the fece,
nigher fence thran house, and about
the size of a man's. body. Prlqoner
amruck deceased round the tree. -Did
not know whether deceased,approach'
ed prisoner frona the opposite aide of
~the treo,-must have moved towards
pr,isoner as he was nearer prisoner
when witness saw deceasod downa upon
his knees thanm when ho saw,. him h;o
hind the tree. Examined decoaged's
Leoad after ho received the blowr. Saw
prisoner strike deeceased with the butb
end of the whip, while deceased was
in time position 'witness had~ shewn.
Did not know how prisoner had got
the whip. Saw no other mark of vie,
loee upon thme d.ieon d except whebt~
the rook struck him. Believed the rock
was the solp cause of theo mortal wound.
Did not see deceased on the ground.
He sank down with his logs dobiod un
der him. Did not see-him lower than
that. WVitnmess gaveimedioal aid. 'Pri.
oner took an active p art In gtving aid.
Prisoner was affecietd in the highest dg*
groc by L.he misforimie -x inrens ..e..r.
n1 soon n he i a Winie, andf that if
ossibe isewo is(dceaedQ)
n d aQnt, three ini
O d -. ilaDu wasm a1erw iEd
at'a MaR4ageased's fami1
plifsiciah.
Rc-exvmined by .olicitor.-Did not
thk*4hm lioksgiven. iu,auger.,
PecepoWd.d p.ionor wereg' the habit
of mitgju d riyistogk,
ceasela wa iri t Ky priwoier l ile
T)Ulirtn. Whon Witneim-mort
iaw them tify vero on the siw;' side of
the tree. Did.00te dicased fall,but,
Savo hiin). il.. the poRiLioln i) ' which
he. had falleti. Witilae's attention -w
drawn to the two deconsed was oin the
nme sidr oV 1.e tre$ WIih Q9isonae, 'Abd
o 9o.engoi. o be stri,L vi, L1Lb
wlhipb -Wit.ness thia)ks prisoner qtdek-.
Ioumpert. nad irrit able, '..
John 8 Douglal WAs no.it -sworn
and1 examined- by th1o8olicitar.
Witnesssay d,cesed te day hn %'as
i(rnjurdl, .about.t~woo'clock. .aVsg.ibag
onl lia plIntation. and me#t ,io'boy g,ing
f Br r; Beo Wedt t 6LO te4ftabd
Aid fMnd"'difti pro'I ud .i, I) th'libd4.
Stayed All une niglt. Und no "Ordi4er
Butioi with pwisoner.
Dr."Utico.thlen sworn aid eiaainled
by the Solitor.
f ls nlud to see deceiseil,
ad fmd him i ensib1. xill'ined!
the injuirXv Foind. a .: tiravoch on the
Islet1de oif.;)e heAt1 "It' -ppeared to
be seriteh after tlJO .i"jr was sRaved
DI. P0l1 n'o otfier injuries sil C-nt to
mein dvleai.- . Remine.vA-X1 d. "llsed
kititl nine 'clock next lay. MiiosS
ul.i' e ofddath was nn, oppre.qsion
of iho'biii> ('W blood uponl it.
ri4o.r$ pnd doceapiul lind w-4
sVid. AUniNrst6o4 hat back C'rpa of
ildeeaaa(~aqfl.iftd struck ste 1ootLofan
tree M4i tl nW fArt' O-or D1.
Tihrier ilknd to talk with 1; riho
11win"J4 tvoq take14 sick Anj 11d
X ner q n , , so.' . -(ed
(Wk r&eb the .de$e. Mrsi;'.W
It'ani e ,Pir ',nIt.we it-fv tilt
irE'nn tm: Site was seitfot- thant
night ater witness g t ther. i
kne nf helb.-d5coinsal- from
i*bhft)ret.1..ptiw"nr for some time,
MNisollue'fiGl deeRied was alays V ry
frinflp4; :a1dot11hni everni times.
they wero.nt tp tus#el, or qo4 somentlingv
ofthie itlehnv togaher. No
ig1e"t h1pi that witness knew of;
Witness %vel het*e-n seven lind' eight
nailes fr,oob eeager?. I
An Ati4yis ae(,pqtutfoual Amend
jVo.jlAv fonudA'lat portio4s qf tle
inddiM'itnt are- ."kedoly a rohash of
parts pw.:7hia of the- Constitution ; and
tlut,,aftr haviiig 'Aborihod Ativery,
ther<Ais very-1ittl ii tlio two 11rst
sections to damage te holitical status
of the Stat oeven .if the, amnondmnut
should te adopted' contrary to. oun,
widhes.
But whena we reach tine 'thai see
tion, we find. a demana4 designed to be
comno a part of thue. Constitutional ,lui
of the land, wideh .would' pnemooibo
nmany of- our host mon im9 ed'uoated
for aind trainedl 'Ihi'tbos9 hilfordn
stations theny vrotethcr nbow Ailling orn
mnay hospreferred .o gpill.
Ourn attention- lis: beon' called to
this feature of fhlb sddlfttut'inestion,
by a gentloman' foul whose -judgmont
we have the highest regard. Ho, as
other intelligent goetlenr of our,ae-~
ntriintance have-do~e; and as wo-aro
now attempting to do;, etaflmhof the
matter without grejudico or predileei
n;f'o,r thma is always a snap. judg
ment that'deides upon tho merits of
any gueas,tjop mrely from lrejudico or
frord wbiat,is' to ibe, the cUrreist
ainijii9p It. gnd b ida plito
sophio spirit we noir.. ntro4iuop "the
mattei-.of the third ;sotti.,n Itr
thus:. . ' a,
3 NIiono 3. No peys.on sh&YI be' a
r or erentativo In eonkjtoss,
ctoi' pf Vreshtda pr' Vice-Presi*
r hol *any offie, sivil er ' - j
unydor the Unlf.edStatesa, or une
Icer any State, who, having previously
takdn an oat.h as a member.. ,t Co..
g or o -Al'o" tinited
Atate r40 o bOr of any State
Le 'a re, Otive or civil
S .an a td0 su port tho
S t .ion I Unitc States,
*hIt to a d.insurreotion or
.to .n a41 0 0101n1, or given
ai 'r comfort to the eneJi0s thereof;
but ngress May by a vote of two
thierd" ch Husermese such di6
ability.
su ne.t 1sc0 s
No ,V.rson shall fill ccrtai' offices "un
dor the L!ItC4 States, or "gudor any
State, who having previotmly thken an
onth a- 1"cUrtafn-offoeial, "to support
tho-0onstjtutton of the United States,
shall have engagW% in insurrection or
rebcen aQgatnst the sawe, or given aid
6r cmfort to tho quonlOis thereof."
In the'fiest-place-d Idave an enu
moeratin of what. offi-s qertain per
sons al ot,ll oN-r-e are ix of
tueso. -Then we have a definition of
who those "cartain pefsons" are
thOere are five lasses of these ; and
then we have the reaso assigned why
persons of thoso classos enumerated
shall not .hold those offiocs. Nq wonder
we ofsouth Cv,rolina spurn the pro
visiovs of the 0ohuRtitutional pinnd
Inent, containa< in this section. It
requires u deliborat.0iy) punish tihose
whomn we delight to honor, for an act
which wo almost unanimausly gave
thom our cordial support, and to pro
xunc6 that act insurroetion and re'
bellion, and , apgraft our deliberate
judgment upon the ugna iCharta of
our liberties, when we have no reason
at.present that, we will hare the op
jxrtnity to reverse that decision and
strike it froim tlio record, as is provi4,
.ed in the last clause of the section.
B10who will bo prolcribed'by the
,adoptiotn of this.aincndmost O for we
.ay putt itTwhi as i rule almo4 witJi
Qut; . exception, ..hat, every man .in
$outh.Uarolina either 'engaged in the
iouriootion..or rob'llinn,"' (and we all
k .what insurrection an'l rebellion
re meant,) or'giVoaR or conort to
tie'ononties" f tle. United gthtos,.
(we all know also who arc -hore Inont
-by thi eno!ni.es of the. United States).
Thos,e dqsignedq to .be. proseribed,
are I * 'Formor mombers of ngrcso.
2. Former Federal Judges,, and com
inmssioned ofiers of the regulat army,
marshals,- volliotors, . consus-takers,
post-masters, and peirhaps others. 3.
Former members of- the Legislature.
4. All -surviving Governors, and5.
Former Jdges mi Chancellors of the
13tatc, ' Solicitors, lngistrates, angl
every. civil 4ficer who was inducted
into office in wholo or in part by an
oath to support the Constitutfon of the
Unirted States. TJio provisigns of this
mction wqro intended to be swooping
in their offept, andt any one who'care
fully congids them must be forced to
the conoldsson that they are admirably
adapted to their p'mr'losc.
Without re-prod uebig. thme fburth
action, we muoy say that it demands
that the validity of thme war debt of the
Uniited 8ttae is never to be question
ed, while that of thme Conafederacy and
the. Stetes, ijidividually which comn
posed it shall be-forevor ropudiated.
- Finally, wo- nmderstand 'how it, ie
Congress {ms at 'present Moi~jzed
mife trdl' demnandI of thme 8'outfi, and
whmythic-Southi Ppurns it ; and we also
understand' how tile provisions of thib
amend ment as'it now standu,-or ss it
'may o6herwind 64d presented, Is kely
to' be forced upon us..
Ono word now' as to the ef foot of an
adoption of the amendnnwthat
would that be ? Even If tre cotIId go.
leet a suitable man hero end there who
had not BUled ay onep of the ddisttg
offices, be would still'be disquaaliflod
frm holding~any Federal oflio on ao&
soUntbf'blinabilty'to take'~ thy t6ht
Wh, i 'ka,o'.no sintiton that
that olbstpo1o . jiho re.nioeifor thme
bhe'ft of oua 1ublio -men.
RUitor ,fyr m)hirte.-n4 iightia in New
York oive maindo undmi tlhe night; ',i
Orio yri,.hi'ieolved .not,, *26,010,
niion which thmi r v'enue taxt has ben'
dimly 'mia
PENN
o a03%rf 0416
FotvAs Nox, Oct. 29 -Arch il-hop
Iynch, of Charle elon. 8. '. -arvei hero
yesterday. lie is the gnosit of Gen. Burton,
the c6mmindtnt or lhe Posi.
ie'paIta visia -tg Jis faIp$ y .p a Jeffers
Qavd btganbid acqthhAltanos.
Death of miss Fannie Seward.
I WASI:NOTON, Oct. 29.-hIss Fannie So
*nrd, daughter: of the Searetary Qf State,
died,ii Pr'g.
Tne Fenir atement,
NawYPny Opt 29.--the .emocralle and
' ational Union' Committee.4 have' panseti
resoEtlins~ re ^e ibtg"itd'"0lfrinOt t 16
take s&,4ki%dj erQer.enP 4or tlie safety
and protection of Lynch andlM16hittion.
Imenno-'tteethags halo bdon held at Buf.
falo In ftnp'at y of the 1 tisoners.
$r. Lok.s, Oot. 2R.-'A Feonsin meeing
has been called to oonsider .wliat noction Is
nocessary to bo taken Into ltie case of (A.
1yneh, and rat her Ileniahon'
.V,.s.i4,pTo., Oct. 29.--The stub Commit
teoqtppe'f.4by the Taunyaj Iftill genern
Committee, ti: all on the -PresItdent, with at
view ofobtaMing exoontiive interTerence in
the C.oo of A''nitan citizens condemned to
death at. Toionto. had an interview this
inor"Ing;..' Ip - responso to lhe atres of
their qhaiinan tho Prosi'dent remaj4rkedf thtlt
t1e ha ant1dipattet their re-olttiium rini
memorial, il wool be perceivedt by i he copy
of the drrespondene in vetation to the suit.
ljct. publidei this morning. Ile espreisetl
isis, syapathy. with their mission. The
It):erview' was ve,ry satisftiolry to the C'ouv.
an!lcos..
WASIIti?Qox N Ot.. 29.--The TamAi:any
Cominiteo had another inferview wilth fle
l're.4ident this afilernoon. ad receited fromo'
hin1iiicoply of a-t*t.1er sent. to Mayor Iluff.
mnh, expreito of thtardent, desireof the
Proitdent te ptocurt gdod treatment. to..
wards Ihe prisouers convictc by the (ana.
ditan 0utS
Fxuropeaa IntelfgacP .
QpRsCUTow., Oct. 27.-The stmelinip.
'raJa,.'runa New York, 17t, arrivedlIn
i.lndon one tIe 25t h. 'It -in sWil I hia. tIe
r6lations between Anustria.nud .Pruvisi are
astl,iming a mennuoing chnnctster.
The London 'irnos says that tthe- Wissiait
Governineut is itt,rin1ing for the fil'uro .ds.
ititegration a# Ausriw.
'PARisu Oct. 27.--Tho projeot. mabmitted
by Fritne nnd kn1land to the 0overnmenctit
tr .he uetttomeuit of the Chilin; diffivutty,
hos been approved by the Queen. aud her
-FLOaxKU,. Oct. 27.-An arrival fron.
tandia states t isat alibthoir. great hattle took
plico-on t.he f1th Inst. The Greeks reort
:thntljho Turkish Aliy wns repulsed ''
Lisvrtooi.. Oett 27.-Uttvr
with Inmlis of 8,000 biltes, middin
16 The weather unfavorablo. for brea .
st tiffs, the market firmer. "Coen. advanod.
Lonox, Qot 27.--Coisot, g. Pives
1,vmpoor., Oct. 28.-Tho socaiship All.
shihn, froun' Now York, Oct. 171,. nrrived ,t
Qenutown to day, atnt proceeded to Liver'.
11ofel.
f.ouiOt. btu. 2Ri-A'dvicce from Japart
are contliciling Th latper report msys.thnt
lte Tyeoon army tai salered it hogt do.
Vent at the hAndis of fite iqsurgesta; aun tht11t
the Tycnon i tha, in oonvequieno. Abdicated.
.s saidl *1 hat ttio Bio h T ' Governnciit. In
abft'to st PdrIttmelt to-increase to1,00,
00M pou1n4- stertinit the' amount for the
army. an.t a large- aditional anifmiunt- to Ihat
appropriated in former y.arq to the navy.
*rew York Karkets.
Nxw Yonx. Obt. 29.-Monir6: Gold 4t
ICxcang 109. Cotton quiet at. 311@)41.
Flour and Whent, s er. 'U.brn one to two
better. lVork lower.
Evenlosr' 401d" 1461. S'bvenv, senstlt
sertes, 15:'. Ftves'114 . Tens 99. Pione
fin* ; ugies 600 tables; Sont hern $18.Vi4 .~
S17.00. Wheat quiet.-Pork unset f104 : ne
7150 bh1s, ; new mess, $115 106i$8 1.50.
.Lsrd heavy at. l1-1 Cotton fri ; sales
14000 balep. ' mniddiling upitands fl. Suitar
shall. Coffee firm. $ptrtts Turponatine 82@?.
88. RosIn 5.62 @1.35..
Ai.mv. Anr Kparxo.--The Bloston Tou,u*
a Radicasl paper of the n)ost pronoiuncedt
type, Gas tthe oahdfor to say In a rcent is.
sue:
TItwilt not- osenpe $hp Eonoral at tenation,
noy that thme smoke. of the recent, election
hatles is over, thiat f lere has liepjn no.great
ohaige in the 'strength of arties at the
North for the taL mix or bse$ years. There
Is the 1&puBitan party on- one slide, and
there Is the D)enioer.tio party ont the -otther
-neither liavinig died oent, accor(ing to fre
quent preiteons, nor been set trsid'e ly
any o?Vwtill ing popnlar uprisings. Tis1
vti of tihe matte~r inky not bo-very exlttler
stiag to RegnUlicant of ardent tenuporas
ment.
--'*e+ee..--..
A BTRSaran BSix'ron litIXMttr.rx.-Thefl
cable digspatches contain the smignietni, ao
noengent that express orders has t$e
*arded by the Emaperor, Fr'ancia ,Toaepfl,
of Ausfyile, to Triesle, despat,ht.ng 4 sttaum
setfuurthwith 10 Mezoo. 'The deosptlteii ik
dated yeeroay, sq@ Vienna. Coming .to us
op'tbheelis of the-artnonneement, of theo sail
illnetus-of Cariotta, the Eppress, t he infer.
9nce Is natuiral teat' 'istmilfan has blfeat
'iit for t but the,tedder *riff na.4,retry wons.
der Wthytth Argtdake,was not. setogratIIbe.
for. 'Tho i.niqalo. of Castelnea,n. the 9Th.w
oftCartotta, ,e present actlen tr Franoei
Joseph, andi the aoliveo measutres propope.
by President .Johnson, serve only toeconit
oas ,-hg Mlekiouih mudde-Ne0 Y'ork~ '
ald, -
A mtoi'oscopn ha on aa uutaw
ianifies an objent i,6ran&0Anni n iha .

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