Newspaper Page Text
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VOLUME IX.-NUMBER 2036. CHARLESTON, WEDNESDAY MORNING, JULY 24, 1872. EIGHT DOLLARS A YEAR. .
THE RAILROAD CASE.
ARGUMENTS BT THE HOS. C. D. MEL?
TON AND THE HON. A. MAGRTTH.
A Const i tut tonal Bar to th? Bankruptcy
Project-The Sovereignty ot a State
Superior to the Bankrupt Law- \
Champion of the People Against the
Trie bankruptcy proceedings upon the peti?
tion cf Daniel E. Scannel, ot New York, In re.
the Greenville and Columbia Railroad Compa?
ny, were continued yesterday morning in the
United States District Court before Judge
Bryan; Messrs. V. T. Corbin and George D.
Bryan appearing for the petitioner, Messrs. A.
G. Magrath and C. D. Melton and John T.
Rhett, of Columbia, for the railroad company,
and Messrs. Porter & Conner, Slmonton &
Barker and Joseph D. Pope, of Columbia, lor
The argument on behalf ol the railroad
company and in opposition to the decree of
bankruptcy was continued by Mr. C. D. Mel?
ton, of Columbia, who began by showing the
financial condition ot the road In March, 1871,
and the legislation of that year in regard to
the road. In that month the Legislature passed
wrfet was known as the 'postponement act,
postponing the statutory Hen, and making lt
tak-3 rank after that ol the second mortgage.
From that action had sprung all the troubles
of the road. Its effect was to place the stat?
utory Hen subject to a prevlons encumbrance
of $1,791,000. Since then $1,600,000 of the
second mortgage bonds were said to have
been Issued, but the company did not admit
the fact of that Issue, and ia any case the
bonds would still have ten or fifteen years to
ron. The attorney-general of . the State last
June filed a complaint against the company,
praying a foreclosure of the mortgages .to
the State, (for $3,000,000,) and asking
for the appointment ot a receiver and
the granting ot an injunction against
suing creditors. Another suit, also prior to
the beginning ot'the bankruptcy proceedings,
had been Instituted by Gibbes and others, in
which lt was alleged that the postponement
act was unconstitutional and void, and in
which an Injonction was granted. The court
refused to appoint a receiver, but Itself as?
sumed the control of the road, letting It re?
main In the hands of Its present direction, for
the sake of an honest and economical adminis?
tration of Its affairs, and requiring reports
from time to tune. In view ol this complete
Jurisdiction thus taken by the State Court of
the whole property and affairs of the road, the
counsel argued that the court could
not, and would nor, assume to Interfere.
If the State of South Carolina had
been directly named as a party to the peti?
tion, the United States Court could not, under
the constitution, take jurisdiction, and
although lt has not been expressly named, it
was certain that lt wonld be Immediately and
directly affected by the adjudication. He
could not suppose that the court would as?
sume a jurisdiction that would be idle and
futile, and if the road were adjudged a bank?
rupt, Its assets could not be brought into
court on a warrant of seizure. If the war?
rant should be returned unexecuted, would It
be attempted to enjoin the State ? Manifetly !
that wonld be unconstitutional and impossi?
ble. The State had a mortgage on the entire I
property of the road, and there remained j
nothing to which the jurisdiction of the court
could -attach. There was absoluely no
property of the company that was
outside ot the statutory lien. It was
evident that such a case was not within the
scope or intention ot the bankrupt law. The
second ground of exception was that the
State Court having assumed prior Jurisdiction,
the United States Court was thereby excluded.
lt was a well-known rule that In cases of two
courts havlog concurrent jurisdiction, which?
ever first assumes the jurisdiction excludes
the other. The State Cuiirt was alone com?
petent to take the entire jurisdiction of the
case, because it alone could completely adju?
dicate lt, the United States Court having no
power to make the State a party. There was
no part of the estate upon which the process
of that court could attach, and therefore there
could be no jurisdiction. The creditors were
subject to the Jurisdiction of the court in
wblch lay the property of the company.
The United States Court was also i
powerless over the property ot the
company Irom the very nature
of a portion of that property. Tne property
was of two kinds: first, the franchise to the ;
highway and the right to use it, and, second,
tho material property ot the company used
In carrying on its business as common carriers. I
It was only as a common carrier that lt was a l
business corporation, and not as owners of a i
highway. If the company, holding its high- i
way under its charter, did not engage in the
business, of transportation lt could not be held
to be a business corporation, and the court
could never take jurisdiction over it in bank?
ruptcy. The court could not divide tne com?
pany Into two parts, but lt could discriminate
between the property held respectively in its
separate capacities. It did not follow that all
the property of a bankrupt passed into bank?
ruptcy when he was decreed a bankrupt. The
homestead of a bankrupt was a tammar
exception, but the broad rule was that only i
such property passed with him into bank- i
ruptcy as was held by such a title as the court :
could seize and transfer to Its assignee. The :
road of a railroad company was a public high- '
way, located upon the lands of the citizens 1
taken by the company by the right of eminent <
d?mala. The land was not the property ol the I
company, but the company had the exclusive i
use ot lt, and that constituted its franchise, i
That franchise abided not in the corporation, ;
but was the private property of the corpora- I
tors, and lt was held as an indivisible prop- ?
erty, but in shares, by the corporators. It
could not, therefore, pass Into bankruptcy
upon ao adjudication of bankruptcy against
the corporation. The United States Court, ;
therefore, could not transfer the right to use
the road to an assignee. The State Court, on i
?he contrary, could sell the franchise, because i
the mortgage of the State included the 1
franchise. A sale of the property of the com- I
pany without Its lranchise would be to fritter .
away the value of the road. The road was 1
valuable only or chiefly In its entirety. The t
company's equity ol redemption in Its material <
property was all that the United States Court I
could carry into bankruptcy. It could not in- I
elude even Us equity of redemption In the t
highway itself, for that was a highway of the i
State. Passing over the other two grounds of t
exception to the Jurisdiction which had been 1
argued by his colleague, Mr Rhett, the counsel, <
proceeded to the specific acts o? bankruptcy ?
whleh had been alleged. He held that the ]
company was neither a manufacturer nor a 1
trader. It could not be a manufacturer, be- 1
caiise it bad no power by Us c harter to manu- 1
facture, and because no such power had ever J
been attempted to be exercised by the com- J i
pany. It was not a trader, because to
a trader one must buy as well as sell. Buyii
alone without Intent to sell, or selling ala
was not sufficient to constitute a trader. Tl
coupons he held were not commercial pape
because according to Bump's definition coi
merdai paper consisted of bills of exchang
promissory notes, negotiable bank checks, A
-''papers governed by those rules which hai
their origin in and are established upon tl
custom of merchants in their commerci
transactions, known as the law of merchant
The acts alleged against the company as co
8tltutlcg bankruptcy were that being lnsolvei
or In contemplation of Insolvency it had mac
preferential paymenls. and had done so wll
intent to delay or hinder the operation o? tr?
bankrupt law. As to the question of inso
vency, the liabilities of the road, as shown b
the report of April, 1872, were as follows:
First mortgage bonds.$ 241,000 C
Guaranteed bonds. 1,419,071 5
Second mortgage bonds. 103.060 ?
Non-morigage bonds. 195.500 0
Total bond debt. 1,958,032 1
Total floating debt. 118,404 3
Total admitted debt...$2,077,036 5
The disputed floating debt was as follows:
Loans in New York. $150,000 0i
Klmpton's account. 182,860 S
Total. $332,860 5
in ascertaining the liabilities of the com
pany, the dispu.ed claims were not to be In
eluded without an examination ot the valldlt;
ot those claims, and they would have beei
very glad to have been allowed to show wh;
they did not admit those claims, but when try
lng to do so they had been constantly stoppet
and embarrassed at .every turn by the objec
tlons ol the counsel on the other side. The:
bad, however, got out of Mr. Manson the tes
tlmony that Klmpton'B account was not cor
rect. They also denied the Commercial Ware
house Company's account. President Magratl
bad testified why they had rejected that: First
because Patterson, who had no authority to dc
so, had contracted the obligation; second, be
cause the company had never received thc
consideration tor the debt ; and, third,
because of the enormous rates of in
terest charged. Kimptona account, he
claimed, was a fraud from beginning
to end. and a fictitious, trumped-up
account. They bad at least proved enough to
show that their objections to the claims were
not trifling nor presumptuous ones, and that
they were therefore such as should be enter?
tained by the court. As to the assets of the
road, considering Its value In reference to Its
Income, lt had been shown that Its Income for
six'mouths had been $251,000, and Its ex?
penses barely fifty per cent, ot that amount,
so that it was fair to estimate its net Income
for one year at fully $200,000. This would be
seven per cent. Interest on nearly $3,000,000,
and by this calculation the value of the road
was certainly shown to be at least $2,500,000.
Under these circumstances lt was absurd to
talk of putting the road into bankruptcy.
It the road were Insolvent, then it
had been Insolvent at any time
during the previous five years; yet, suspicious?
ly enough, cot a word had been heard about
putting the road Into bankruptcy until the
proceedings had been commenced In the
Stale courts against Its plunderers and
thieves, and of all the men in the world, H.
H. Kimpton was the one moBt interested in
putting it out of the power of the directors of
the road to drag him before the courts.
Beside the above calculation, however, lhere
were other elements of value in the Greenville
and Columbia Railroad. The value of proper?
ty was to be estimated with reference to Its
probable future advancement, and with the
Increasing prosperity of the country traversed
by the Greenville Road, its property was cer?
tain to Increase. There was also active com?
petition for the possession of that road which
enhanced Its value. There were two compa?
nies, the South Carolina and the Wilmington,
Columbia and Augusta companies, either of
which could afford to give more thsQ anybody
else. The South Carolina Company bad already
paid $410,000 to obtain a controlling Interest in
the road, and to say that Ic was an Insolvent road
would be to eay that the South Carolina Com?
pany were the veriest dunces that ever exist?
ed. The rival road had offered, according le?
the testimony ot Colonel Slmonton, to lease
the road, pay the Interest on the entire debt,
disputed and undisputed, and put the road In
first-class order. Surely, that did not look as
though the road were Insolvent, and It proved
that the road was lo them worth fonr or five
million dollars, while to any ordinary pur?
chaser lt was worth two and a half millions.
Mr. Melton Bald there were many other points
In the argument which he had. not touched,
hut they bad been BO well presented by the
counsel who had preceded him, and would be
so ably treated by the very eminent gentlemen
who were to follow him, that he would leave
them In their hands.
Mr. A. G. Magrath followed, on the same
side. He said lt was Impossible for the court
to divest Itself of the knowledge that in this
question was Involved the future prosperity or
the min of the State of gouth Carolina, nor
to exclude the consideration that the railroad
Interests of South Carolina wer a the llie-blood
of the State and the sources of the interests
and prosperity of her people. He had only to
Ifft his eyes at that moment to see one source
of communication which had hitherto given
support to this metropolis dying away under
the control ol a foreign and adverse Interest.
The Northeastern Railroad under Its then
hostile Influence was like a cable which bad
once safely moored a proud ship, but which
bad parted, strand by strand, until there waa
scarcely a thread left. In the case,
too, bf the Greenville Road that was
not the first time It had been subjected to In?
terference that threatened to afflict the State
of South Carolina. It had not bSen many
years since an action had been brought with
the avowed intention to destroy that road-to
tear up Its track and level its structures to the
ground, and lt was only through the Interven?
tion of the State that the road had been pre?
served. Then lt had passed under the control
of an organized gang ol plunderers, the most
desperate crew of thieves and scoundrels that
bad ever overridden the rights of honest men.
At last, however, the road had been brought
back to the people, not, however, without the
expenditure of a large amount of money to se
:ure the restoration, and then lt was lound
that it had been despoiled ol everything,
ind robbed and plundered right and left,
mill, as it had been remarked, lt was
i wonder there waB a spike left on
:he road. Then the road had been back
ess than a short six months when another
?ffort was made to wreBt lt from the people
md give lt to those who had been coveting Its
possession. He conceded that If tne law said i
t should go that lt must go, the terrible sacri- j
Ice must again be made; but the law must first .
je clear and the duty Imperative, and bis ',
ionor would ponder long and thoughtfully'
md might well, as a citizen of South Carolina, i
shrink irom the obligation-if obligation he
found it to be-of putting his name to that
decree. His Honor was asked to declare that
road a bankrupt,, and to declare that he was
bound to sell out the road to meet the de?
mands of the creditors. But the creditors.
Where were they ? Were they in court de?
manding that action ? No; there were two
men, two petty claimants against the com?
pany, the first with a feeble, lame, halting pe?
tition that had to be withdrawn from the court
to be amended, and which was based upon
a few, a very few coupons of guaranteed
bonds. The other was a claimant upon a few
non-mortgage bonds, bonds that were not en.
titled to a dollar until every lien was dis?
charged. What did he a9k ? He asked that
the dettsof the road be piled up and the as?
sets of the road be dragged down to show that
lt was bankrupt, and by that means he pro?
posed to make his pitiful non-mortgage bonds
more valuable ! The fallacy of the proposi?
tion appeared on the face of lt. To that pro?
position, therefore, they opposed themselves,
and the first grounds of their objection were
to the Jurisdiction of the court. He read lrom
the eleventh article of the Constitution ?.? the
United States as follows: "The Judicial power
of the United States shall not be construed to
extend to any suit In law or equity com?
menced or prosecuted against one of the
United States by citizens of another State, or
by oltlzens or subjects of any foreign State."
The aulhorlty of Congress, as expressed
in the bankrupt act, was surely not to be com?
pared with that fundamental contract between
the United States, and his Honor would well
recollect, as a reader ol history, the peculiar
circumstances under which that eleventh
article was Inserted In that compact. If,
therefore, lt were shown that the United
States Conn was brought Into direct contro?
versy with the State of South Carolina, lt
would be plain that that court would be
powerless to act. He begged the court to
observe that before those proceedings had
been Instituted In that court the State of
of South Carolina, In her sovereign capacity,
waa proceeding In her own court of full and
competent Jurisdiction to the admlnlslra_
tion-of questions which were vital issues In
that case. The State had propounded the
question whether the endorsement of the
comptroller-general on the second mortgage
bonds had given to their holders a title
prior to that ci the security which
the State still held. The State held the first
statutory lien; tnen the Legislature passed the
consolidation act, giving the second mortgage
priority over that Hen, and the State submit?
ted to the court the question: "How stand
these conflicting claims?" Could his Honor
adjust that question without bringing the
State to the bar of his court ? And if nor, how
was he to get her there ? It was a manifest
Impossibility. Under the proceedings In the
State Corm, the court bad directed all the
creditors to come forward and present their
claims belore Us referee. His Hsnor wonld
have to make a similar order, but could
he bring the State before his officer ? That
State did not Invite the strong hand of the
United States Court to bear down on her and
crush and bend her lower than she Is. That
State was shorn of its prestige and power,
torn, mutilated, disfigured and maimed, but
lt was still a State, and still had that guar?
anty of the eleventh article of the United
States Constitution as fully as though
lt were rich and strong like New York, Ohio
or Pennsylvania. The omission of that class
of cases from the operations of the bankrupt
law showed that, notwithstanding the political
complexion of the United StateB Congres?, lt
still respected that clause of the United States
Constitution. It had been said thal these pro?
ceedings would Involve no interference with
the State, but the Injunction ol the court, If (he
road were decreed a bankrupt, must be laid
upon an officer of the State-upon the attor?
ney-general ot the State. Would his Honor
say to Mr. Chamberlain, "Go no farther ?"
Suppose, then, that the Governor appointed
another attorney-general, and another and
another, until one was lound who said: "I
will go on; 1 will not be restrained I*'
How, then, would the court restrain him?
By nothing short of a direct con?
flict of Jurisdiction. Or suppose the
Governor presented himself In his
capacity of Governor. All the courts of
the United States united in saying that he
could not be touched in that capacity. He
would be but a poor reader of legal history
who had not been struck by the fact that the
best and most honored judges were those who
had constantly Bald forbear when there arose
a seeming con tl let of authority. Such had
been the practice throughout the world wher?
ever law was kifown. He did not know what
action would be taken by the courts of South
Carolina In the event of Interference by that
court, but lt did seem to him that they would
be lo the highest degree recreant to their
duty should they forbear to still assert their
jurisdiction, or should they relax for
one lnslant their hold upon the case.
Mr. Magrath continued his argument
against the Jurisdiction of the court upon the
three grounds that Bitch an assumption of
Jurisdiction would affect the State in her
sovereign capacity, would affect the proper?
ty which was fully under the control ol the
State court, and would affect issues which were
fully triable tn the State court. He quoted a
large number of authorities la support of
these positions, and continued bis argument
until the hour of adjournment. The case wlU
be resumed this morning, Mr. Magrath con?
tinuing his argument, after which Mr. Corbin
will close the argument on behalf of the peti?
NOTES OF THE CAMPAIGN.
A Pervert In New York.
NEW YORK, July 23.
S. T. Streeter bas resigned from the Liberal
Republican Committee, and will support
That Seaside Cottage.
NEW YORK, July 23.
Tom Murphy writes from Long Branca that
be believes President Grant himself paid for
his seaside cottage, and that he, Murphy, did
not contribute anything towards it at any rate.
Greeley Nailing Another Lie.
NEW YOKE, July 23.
The Tribune denies the story published In
some of the Republican papers that Greeley
ever conferred with the Germans relative to
selecting any one for office; that he ever de?
sired auy one to get up meetings lor him; or
that he ever asked anybody try get him nomi?
nated to the Presidency.
Patching np a Peace.
WASHINGTON, July 23
Grant ls here to-day, and Colonel Carter, of
Louisiana, interviewed him this morning with
i view of reconciling the Radical differences
in that Stale.
The Presidential Jnnketcr.
WASHINGTON, July 23.
The President leaves Washington aualu to?
morrow niiiht. The cabinet to day had noth?
ing of public consequence belore ll and the
Diislness was soon over. All the members
tvrre present excepting Delano, who ls on his
way to stump North Carolina for Grant and
Wilson. , _,"...
Spotted Tall and bis braves wiU interview
;he President to-morrow.
A $2,000,000 DEBTifflULLED
THE BLUE RID OE SWINDLE KILLED:
The Bond Serif1 Act Declared Vncon
s (il ut iv. ni ?nd Void.
[SFZCIAL TBLBORAll TO THB MKWS.]
. COLUMBIA, July 23.
The case o? T. J. and H. M. Gibson, and
other creditors, against Treasurer Parker,
came up In the Supreme Court to-day, and
was again postponed on account of the ab?
sence In Charleston of Parker's counsel,
Messrs. Chamberlain and Melton. The case ls
set for Thursday next, out K ls not thought
that the defendant's counsel Will be on hand,
and a further postponement will probably
Judge Willard announced his decision to?
day in the case of the Stats e^relatlone Edwin
F. Gary, auditor, vs. Parker ind others, 8tate
and county treasurers. Thlsus the Blue Ridge,
sorip case. T e decision ls vary lengthy, and
entirely satisfactory to the plaintiffs. The act
o? Assembly under which the scrip was Issued
Is pronounced null and void, as contravening
the clause of the Constitution of the United
States prohibiting the States from Issuing bills
of credit; and the Injunction heretofore grant?
ed against the receipt of the scrip for tuxes
and the Issuing of lt is sustained, and remains
of full force. The counsel lo the case were
Pope and Haskell for the plaintiffs, Magrath,
Melton and Chamberlain for. the defendants.
The amount saved the State lb something over
two million dollars. The opinion of Judge
Willard concludes as follows.- "Considering
the act In ite entire aspect, as well as Its inte?
gral parts, lt ls clear that trie Legislature In?
tended that the scrip Bhojild circulate as
money, and that for this reason the provisions
of the act authorizing the Issue of scrip are In
conflict with the prohibitions of the Constitu?
tion of the United States as to the emission of
bills of credit by States. The act being un?
constitutional, lt Is void. So far as lt contem?
plates the Issue of revenue bond scrip lt ls un?
important, therefore, to Inquire whether the
scrip that was actually issued was conformable
to, and authorized by, the act. The Injunction
heretofore Issued must be continued until the
Anal hearlog and determination ol the action."
THE ARBITRATORS AT WORK.
The Florida Claim Settleri-Tiie Case
of the Alaban.? Taken ap-Britain's
NEW YORK, July 23.
The World's special, dated Geneva, July 22,
says thu claims for damages caused by the
vessels Boston, Sallie, Jeff. Davis, Joy and
Music havo been dismissed by the arbitrators.
The demurrer of Great Britain concerning the
other vessels Is overruled. The case ot the
Florida was concluded to-day. The decision,
lt ls believed, awards $2,600.000 damages for
her depredations. The board took up me case
of the Alabama to-day.
.Reporting Under Difficulties.
GENEVA, July 23.
. There was no session of the triouoal arbi?
tration to-day, nor will there be to-morrow.
The precautions to preserve the secrecy of the
deliberations of the tribunal extend to the
most minute particulars, and nothing what?
ever can be learned relative to Its proceed?
THE BRITISH ARGUMENT.
English View of the American Claims.
By the latest loreign malls comes a copy of
the argument presented by the British agent
before the court ol arbitr?t! on at Geneva. It
ls mainly an epitome of the counter-cases sub?
mitted two months ago, and, while acknowl?
edging nothiDg as actually due, Incidentally
submits the estimate of the London board ol
trade for $8,G23,795, ami the estimate of the
British government Itseli at $1,880,920, as even
hypothetically due. The argument takes posi?
tion as follows:
As to the cruisers, Tallahassee and Chlcka
roauga, lt ls maintained that no failure of duty
has been ever alleged against this country.
These were built and used as ships of com?
merce, and only by an afterthought, and
when they were within the water ot the Con?
federate States, were they armed for war, and
that In the Confederate port of Washington.
The Sumter and Nashvlllo were not even
built in the Queen's dominions; nothing 1B
alleged against the Queen's government In
respect ol their outfit, and setting aside some
minor complaints that will not hear examina?
tion, they only received In British ports such
hospitalities as were extended to Confederate
vessels in general In the ports ol neutral
nations. The Retribution was not built or
fitted out In the Queen's dominions; and the
facts alleged show nothing more than that her
commander upon one occasion Bold a cargo of
a captured vessel In a British port by person?
ating the master of his prize.
The Clarence, Tacony, Archer and Tusca?
loosa were merely tenders of the Florida or
Alabama. The discussion thus confines Itself
practically, as well as of right, to the Alabama,
Florida, Georgia and Shenandoah, the four
vessels on account ol which claims were made'
by the United States against 'Great Britain be?
fore the conclusion of the Treaty ot Washlog
ton. AB to these vessels, the charges made by
the United States are that the British Govern?
ment did not exercise due care to prevent
them from being equipped or specially adapt?
ed within Brlilsh territory for war against the
United States; that the same government did
not cause them to be arrested or detained
when they subsequently sailed to British ports,
and that they were suffered In such ports to
obtain supplies and effect repairs of a nature
or to an extent Inconsistent with the obliga?
tions of a neutral power. It ls not for Great
Britain to prove these charges erroneous, but
for the United States to prove that they, are
The argument concludes:
From the premises set forth the following
results are deducible: That on the 1st of De?
cember. 1862, only two suitable vessels were
IQ actual pursuit of the Alabama; that on the
following December the two were reduced to
one; that when she was sunk there were only
three, Including the Kearsage; that lhere
were never more than three effective vesselB
In search of the Alabama at one time; that
during the months ot February, March and
April, 1863, there WBB no effective vessel In
pursuit; that the average number of United
States vessels. In pursuit while the Alabama
was pursuing her career was less than two;
that the United States navy was increased
from four hundred to six hundred vessels
during this period, a considerable proportion
of which were suitable vessels; that on
the 1st ol December, 1862. no vessels were
In pursuit of the Florida; that on the 7th
December, 1863, no vessels were la pursuit of
the Florida: that on the 7th October, 1864,
when captured at Bahia, two vessels were in
pursuit of her, exclusive of the Wacbusett;
that no United States cruiser was sent In spe?
cial pursuit ol the Georgia, nor ot the She?
nandoah; that the claim tor the conditional
arbitration considered admissible (upon the
hypothesis explained In the admiralty report)
oh account of the Alabama should be accord?
ingly ltirther abated by S63C,104 21: on account
of the Florida, $32,736 29; on account ol the
Sumter (see Connecticut, P- 83,; $26,651; and
the hypothetically admissible amount so cor?
rected would stand thus : For the lour Con?
federates In class L $940,460 24; for the Ala?
bama onlv, $891,580 82; for the Florida only,
WRECK OF A COASTING STEAMER.
EASTPORT, MAINE, July 23.
The steamer New England, from St. John's
for Eaetport, ls reported wrecked off the coast
of Maine. All the passengers were saved.
HUNTING THE OUTLAWS.
Full Particulars of the Killing or Tom
Lowery-He Die* Hard-The Body De?
livered to hi? Wife-The County Be*
ward Paid, dee., dec.
From the wilmington papers of yesterday
we glean the following particulars of the
shooting and killing of Tom Lowery, one of
the gang of Robeson outlaws, on Saturday
On Thursday night last, Mr. A. S. Wishart,
brother of the late Colonel F. M. Wishart, who
was so foully murdered by the outlaws three
months ago, having called to his assistance a
few resolute and darlDg young men, Bet out
for Scumetown to look alter the outlaws, and.
If possible, to avenge the death of his gallant
and lamented brother. The party consisted of
Robert Wishart, A. S. Wishart and thee young
men. named respectively McKay, Campbell
Proceeding to the neighborhood of the out
I laws, the band secreted themselves along the
roads usually travelled by them In their walks
about the country, and waited patiently lor an
opportunity to put their design in exeoutlon.
Nothing was seen, however, of any of the
sang, which now consist of three members,
Stephen and Tom Lowery and Andrew Strong,
uni il Saturday morning, about 8 o'clock, when
Tom Lowery appeared In sight on his way to
Union Chapel, where the candidates were to
meet and address the people on that day. Tom
was armed with a rifle and three repeaters,
and walked leisurely along, unsuspecting ot
danger, until at a point opposite where the
young men were concealed, he noticed the
tracks they had made Io crossing the road.
He now seemed suddenly alarmed and com?
menced cursing bitterly, when suddenly
tne little band instantly discharged their
pieces. Each of the four phots took effect,
and, uttering a yell of terror and pain, the
outlaw plunged Into the swamp and ran about
Atty yards, when he fell down dead. Seizing
the body, they carried lt upon their shoulders
to.the public road, a distance of halt a mlle,
where they pressed a passing wagon, and tous
carried the dead body to Lum berton, where lt
was delivered to the sheriff. On Lowery's
body was found the arms alluded to above,
and a gold watch, the property ot Mr. John
McNolr. As the young men approached
him when he fell lo the swamp, he
made an attempt to draw his pistol
on them, but was too weak. One hand
was clenched firmly about his gun, (a
Spencer rifle,) so much so that lt
was with difficulty that the lingers could be
unclasped. The corpse was then fully identi?
fied as the body of Tom Lowery, by persons
who were well acquainted with bim, after
which lt was delivered to his wife, who bad
lollowed the remains of her husband to Lum
berion and made application for the same lor
burial. The body was then taken to Eureka
Church, where the funeral was preached on
Sunday afternoon, and about lour o'clock was
burled In what ls known as Slack Swamp
Graveyard. We learn that nearly the whole
of the residents of the Scumetown section
were preseut at the luneral, many of whom
were armed, lt being the impression of the nu?
merous friends of the outlaw that an effort
would be made to rescue the body, in whicb
case they were prepared to resist the attempt
by force of arms.
A letter from Andrew Slrong and Stephen
Lowery, the only two remaining members of
the gang, bas been received by Robert Wish?
art, tn which they express their determination
to kill all who participated In the killing ol
Tom Lowery. At the time Lowery was dis?
covered by the young men who were watching
for him, he was in company with a white man
by .the name of Fairney Provatr. This Individ?
uar, when the firing commenoed, made the
best, sort of time up the road. Young McKay,
lt ls stated, fired the first shot. The reward
offered by the County of Robeson was paid
over to the parties on Saturday afternoon, and
a gentleman irom Lumberton, armed with the
necessary papers, passed through here yes?
terday en-routa.iorjRalelgh for the purposttof
Securing the reWard offered by the Statu. The
whole amount, Including that received from
the county, will foot up six thousand two hun?
THE SARATOGA RACES.
Bassetl's Latest Victory.
The first meeting of the racing reason at
Saratoga closed on Friday with three vigorous
encounters, briefly reported by telegraph, In
which Belmont's Woodbine, McDaniel's Harry
Bassett, and McDaniel's Tubman were re?
spectively the winners. The most Important
was the second race, In which Harry Bassett
measured strength aud speed for three miles
with another one of old John Harpei's splendid
horses, Lyttleton. The New York Herald
Since the prostration of Loug?ellow, Lyttle?
ton probably takes the second place In Ameri?
can sporting consequence. The son ot
Leamington, like Longfellow, and the grand?
son of Lexington, Lyttleton is a smallish
brown bay, with a white nose and white feet,
short and wiry, and very strong without great
stature. Among horses be is what might be
called among men a "singed cat," possessing
capacities beyond his appearance; no dramatic
action, but that plain speed and bottom which
denote real horse sense. People who took an
Interest In him once continue to feel lt, and
grow enthusiastic before long. Although out?
sold at great odds in the pools, and beaten in
the three-mile race by Bassett, Lyttleton yet
made BO game a contest that, In the opinion of
some, Bassett was hard pushed to cross the
pole ahead. Others said that the champion
was held back all the while and made no effort.
However this may be, it was a superb race to
look upon, and in the heavy track, full of mud
and wet, the three miles was run in 5.43J.
j The two horses made a good business-like
start, Bassett leading about one length, and
at the half-mile pole the same interval was
observed. Lyttleton closed up nearly, the
whole of this gap at the three-quarter pole,
and the two steeds crossed the grand stand
amid considerable well-bred enthusiasm,
nearly abreast, Bassett bounding along like a
balloon In the breeze. While the negro, sitting
taut as a statue, on Lyttleton, showed a
bright eye, animated In the ride and in full
nostril, like his emulous horse, the white boy,
cool and obedient to orders, watched both
horses at once out of the corners of his eyes;
and so they crossed the mlle and a half with
Lyttleton two lengths In the rear, but at the
three-quarter pole he was again at Bassett's
saddle girths, and they completed the second
mlle, riding at tremendous speed and force,
and louly cheered, Bassett about a length
ahead. The blue jacket, red sash and red cap
ol McDaniel's boy had little advantage of Har?
per's negro In his faded yellow green, as they
gal loped together, in a irlendly freedom, the
whole ot'the third mlle, and Bassett crossed
the line the winner by about two lengths or
?ess. All the people were up now bellowing,
and the Bohemian pony proceeded to nose
along the track as if to find something he
coula play with.
THE NEW TORE VEGETABLE AND
The Dally Bulletin of Monday, July 22,
New potatoes are In good supply and rule
about steady. In vegetables Southern toma?
toes and cucumbers can hardly be disposed ot
at any price. Other kinds without particular
Change. We quote: New potatoes SI 6?a2.
Greeu cora 75ca$125 per 100. Southern
onions, per bbl, $2 25a2 50; do Connecticut
S2 50?3 per 100 string*. New rareripes S2 per
bbl. Cucumbers. Jersey, $1 50 per bbl, and
Long Island 50a??c per bbl. Squash, Der cas?
ket, 50c; do marrowfat, per bbl, $lal 50. New
turnips $2a2 50 per bbl. Cabbages $4a6 per
100. Green onious $4 per 100 bnncheB. Beets,
Jersey, $4a5. Southern tomatoes 50a75 per
crate; Jersey $lal 50 perorate, and SI per bas?
ket, and Long Island $2 50 per basket.
The Bulletin of the same date comments as
follows about the fruit market:
There ls very little change to notice in ibe
wholesale market to-day. We quote: New
apples, good, $160a2 60 per bbl, 50oa$l per
crate. Watermelons $50a70 per 100. Nutmeg
melons $3 60a4 per bbl. Pears $2a9 per bbl.
Peaches, Delaware, $4 per crate for choice:
$1 50 per crate for South of Delaware.
THE FLEECY STAPLE.
THE FIRST BAZE OF NEW COTTON.
It ls Sold at Mnety-three Cents Per
The first bale of new cotton was reported by
telegraph as having reached Galveston a few
days since. A further dispatch from that city
says that the bale was sold on the 16lb instant
by Focke & wilkins to Richard A Hawkins at
ninety-three cents, gold, per ponnd. The
New Orleans Times notices the matter as
The laney price of 93 cents gold per pound
paid for the first bale of new cotton received
at Galveston must bave been predicated on
the premium of $500 offered tor the first bale
by the St. Louis Cotton Association. A baie
of 400 pounds at 93 cents gold ts equal to about
$420 currency. If the holder of the bale re?
ceive the $500 prize and then sell at the fancy
price of 25 cents per pound, be will receive
$600, showing a profit on the transaction o?
$160, less transportation and* other charges.
But to secure this .he has to run some risks.
Had the weather been clear and warm, he
might have been preceded by a bale from
Louisiana or Mississippi. Three weeks ago
we heard of parties at vicksburg preparing to
rush forward a bale of new crop, and the
planter who sent the first bale to this market
last year waa about making the effort to take
the honor and the price. The showery
weather, however, bas dispelled tbelr hopes,
and we have Leard of nothing farther from
them on the subject.
We have little or no doubt that this Texas
bale lrom the Rio Grande will be technically
entitled to the St. Louis premium If lt be first
presented, but rather suspect that, In offering
the price, our enterprising irlends up the river
contemplated colton from some part of the
wide cotton teglon to the business of whloh
they aspire, and did not Imagine they would
find a competitor for the prize from the bor?
ders of Mexico.
The New Orleans Price Current of Saturday
A baie of the new crop, from the plantation
of Widow HauBman, Dallas county, Texas,
passed through this city on the 18th, by ex?
press to New York. A sample ol lt, drawn at
Galveston, was exhibited at the Cotton Ex?
change by Messrs. Clason & Wletlng. This ls
the bale which sold at Galveston at 93 cents
per pound, gold, equal to abont $425 currency ;
in addition to which, Mrs. Hansman received a
premium from the Galveston factors of $200,
making a total of 1665. We also hear that lt waa
Eassed free over the road to Galveston,
t ls consigned to Messrs. Fat tm an <t Co., and
it ls supposed will be shipped to Liverpool,
but may be offered lor the premium ot $300 of?
fered by the New York Cotton Exchange.
Another bale ls en route from the Rto Grande,
in the steamship Harris, detained by ground?
ing In Arkansas Bay. It ls expected here to?
day. There ls some question whether the
Dallas bale ls not mixed, old and new. We
learn from the Galveston News of Tuesday
that another hale was expected shortly lrom
Columbus. Thus there are three bales of new
cotton In sight. The earliest receipt at this
port was In 1860, when the first bale came to
hand on July 5th. The first receipt last year
was a bale on the 27th July, from Texas, on
the Guadeloupe River, near Victoria. It was
a full size bale, weighed nearly 600 pounds,
classed middling, ana was bought at 27 cents
for shipment to Providence; R. I.
The Cotton Crop In the Southwest.
The Mobile Registrar of Saturday, the 20th
instant, says of the late destructive freshet In
Alabama that "the heavy and general rains
throughout the State have done great damage
to the crops. Most of the plantations along
the Coosa, Tallapoosa, Alabama and Warrior
Rivers have been Inundated, resulting most
seriously along the latter, as almost the en*
'Ttlo ciop to rcporforf -minmi Th? low lands.
also, through the interior have been generally
overflown. It ls estimated that the cotton
crop of this State "Viii be decreased about
75,000 bales by this sad misfortune, but we
encourage the hope that the Injury may not
be BO great; and lt will be better to wait for
future developments than rush to conclusions
at this time. Caterpillars have certainly ap?
peared, though the Injury done ls as yet
limited. The corn crop has also been con?
siderably damaged, and the yield will be much
less than was anticipated ten days ago."
The New Orleans Price Current of Saturday
last mentions that "the weather has been sea?
sonable, but not unusually warm, with dally
showers. The previous worra reports have
been confirmed and have become more gene?
ral, In addition to which accounts of disastrous
floods have been received from Alabama, Indi?
cating the IOBS of a large portion of the crops
In the low lands of the Alabama, the Bigbee,
the Warrior, the Tallapoosa, the Coosa and
other small streams. The crop prospect ls
certainly less encouraging than last week, and
outside estimates are generally dropped.
From Texas, on the contrary, we hear of none
but the most iavorablo reports. Worms bave
appeared there also, but the plant ls so much
advanced and Its foliage so tough and matur?
ed, that they cause but little uneasiness, and
the prospects are that the yield will be largely
In excess of last year."
The above are two of the best Informed au?
thorities in the Southwest.
THE AGRICULTURAL REPORT.
Condition of Cora and Wheat Crops In
July-Thirty-five Jillllon Acres Ot
Corn Fields-The Prospects for Wheat
WASHINGTON, July 23.
The July report of the Departmeut of Agri?
culture ls now ready. The reports o? corn
represent nine hundred and eighty-nine coun?
ties, including an area usually producing
seven hundred million bushels annually, and
indicating an Increase ol three per cent. This
is equivalent to more than three quarters of a
million of acres, and the total area In this
great orop of the country, which nearly equals
In extent the aggregate ol all other tilled
crops together, ls probably abont thirty-five
million acres. The States In whloh an Increase
In acreage ls reported are as follows: New
Jersey 2 per cent., Pennsylvania 2. South Car?
olina 2, Georgia 1, Alabama 3, Mississippi 1,
Louisiana 8, Texas 8, Arkansas 4, Weat Yirglnla
2, Kentucky 2, Ohio2, Michigan 10, Indiana 1,
Illinois 2, Iowa 1, Missouri 4, Kansas 28,
Nebraska 20, California 1. A diminution ap?
pears In Maine of 4 per cent., Vermont 2,
Massachusetts 4, Rhode Island 5, Connecticut
6, New York 1, North Carolina 2, Tennessee 1,
Wisconsin 4, Minnessota 4. The area In the
remaining States is reported the same as last
year. Or the reports from nine hundred and
eighty-nine counties, two hundred and sixty
three place the condition ol the crop above
100, tour hundred and thirteen below 100.
Illinois is represented by sixty-five counties, of
which twenty-two stand above the average,
and twenty-three below. Of sixty-four coun?
ties In Missouri, the condition o i corn ls above
toe average In sixteen, and below In twenty
five. Of thirty-six counties In Kansas, eight
only send figures less than 100. In Iowa,
where the cool and cloudy weather general?
ly prevailed in trie spring, loll o wed by change?
able weather, and In some sections heavy
rains, only two reports of counties are above
100; and in Ohio, where tbe drought has been
severe, but three reports out of forty-five give
figures higher than loo. Tbe States making
returns higher than 100 are: Vermont 101,
North Carolina 101, Alabama 116, Mississippi
110, Louisiana 119, Texas 110, Kentucky 103,
California 101. Tne following return the con?
dition as below the average: Maine 96, New
Hampshire 98, Massachusetts 96, Rhode Island
92, Connecticut 98, New York 95, New Jersey
96, Pennsylvania 98, Delaware 92, Maryland
92, Virginia 94, Soutn Carolina 96. Georgia 94.
Florida 78, Arkansas 95, West Virginia 96,
Ohio 90, Michigan 96, Indiana 95, Illinois 99,
Wisconsin 86, Minnesota 86, Iowa 88, Missouri
97, Kansas 98, Nebraska 97, Oregon 97, Ten?
nessee is placed at 100.
An Improvement in the condition of wheat
is reported from New York, Maryland, Vir
glnla, Michigan, Missouri and Kansas, and to
a silzbt degree in eome other States, while a
small decline ls reported In Ohio and In Mme
ol the Southern States. The averages In the
winter wheat States stand as follows: Con?
necticut 94, New York 78, New Jersey 69,
Pennsylvania 69. Delaware 76, Maryland 67,
Virginia 99, North Carolina 112, South Caroli?
na 103. Georgia 102, Alabama 116, Mississippi
108, West Virginia 96, Kentucky 112, Ohio 76,
Indiana 98, Missouri 66. The States producing
almost exclusively spring wheat stand as fol?
lows: Maine 108, New Hampshire 103, Ver?
mont 104, Wisconsin 101, Minnesota 110, Iowa
108, Nebraska 112, Oregon 95; Callfornlafwhlch
ls not full v reported, 12b for early sown and 112
for late; Kansas, spring 95, winter 60; m ino ls,
Bpringl04, winter 92; Michigan, spring 98,
The average condition fortbe United States
is almost exactly the same as in Jone, or 94,
which ls six per cent, lesa than the average.
The quality of the grain is uniformly superior
In the Middle States. In Ohio, Michigan and
Missouri, and wherever Inferior condition Ia
reported, the straw ls short, buttha heads are
generally long and well filled and the kernel
plump and heavy. The quality of Southern
wheat will probaoly prove as fine as any ever
produced In that section. In the spring quali?
ties, the fullness of die heads in proportion to
the quantity of straw canses the yield to
exceed the expectation, and may go for the
offset of the small decrease In reported condi?
tion. It is quite probable that the general
excellence of the grain will make the crop ot
eqnal value with that of last year. There has
been almost an entire exemption from nut,
and comparatively little complaint of Insects.
The Hessian fly ls reported in several placea,
more numerously In the Ohio Valley, and the
chinch bug has caused losses In many coun?
ties ot Illinois, Iowa and Missouri.
A SOUTH AMERICAN WAR CLOUD.
Ero Jarano, July 23.
The three iron-clad s for which the Argen?
tine Congress voted $2,600.000 nave been Or?
dered. From the large quantities of arms ar.
riving it would seem that the Argentines are
making preparations for threatening war. '
THE WEA TH ER THIS DA T.
" WASHINGTON, July 33.
Pleasant weather, with south westerly winds,
will probably continue on Wednesday tn the
Southern and Gulf States. The area of lowest
barometer will move down the Qt Lawrence
Valley, with cloudy and rainy weather ever
New York and New England. Partially '
cloudy and pleasant weather will prevail from
Pennsylvania to Virginia.
THE JESUITS ZN ENGLAND.
LONDON, July 23.
In the House of Commons thia afternoon
there was some discussion upon tb? subject of
the arrival of Frenob Communists In England,
during which a significant question was put to
government by Slr Robt, Peel. Aftt?r alluding
to the fact that Germany bad expelled the
Jesuits, he asked the premier whether the
Government of Great Britain- intended to en?
force tbe section ol the Beman Catholic relief
ant of 1829, which provides tor the banishmetit
from Eogland of all members ot the Society
of Jesus. Gladstone In reply said tte subject
was aa Important one, ana most be taa-n into
serious consideration by the government.
He added that though the law In question was
now nearly half a century old, no steps had
yet been taken for Its enforcement.
SVARKS FROM THE WIRES. , '
-Judge Griffith, of Jersey City, died sud?
-John J. Kelley, a prominent merchant of
Savannah, ia dead.
-The eight-hour strike in New York seems
to have entirely collapsed.
-Major SterrlU Ramsey, the oldest p&ymaa-'
ter In the United States navy Is dead.
-Helen Josephine Mansfield Lawlor, the.
heroine of the Flak-Stokes tragedy, ls to be a
witness In the Barrett trial at Saratoga.
-Miss Gabriella McKean attributes the re?
port that she was instrumental In MoKean
Buchanan's death, to the malice ol a discharged
agent of the latter. ?
-The list of Internal revenue supervisors
will be promulgated from Washington to-day,
and several oth?r appointments, which were
decided upon yesterday, will be made by th?
-Alderman William MoMulUn was shot by a
fiatdoned convict, In Philadelphia yesterday,
n a quarrel over a stolen bouquet.. The Dall
bas been extracted, and his revovery ls boped
for, but his condition ls still critical.
THE ICE QUESTION.-The Tudor Ice Com?
pany, proprietors of the Meeting street Ice
House, announce that they are not by any
means out of Ice, and do not Intend te be;
that on the contrary they are busily dispen?
sing the crystal luxury to all comers at one
cent per pound; and are in ccrfstant receipt of
ample supplies for all demands. This ls a
nice and comfortable condition of things in
this state of the weather, and must be pat
down as another advantage of Charleston as a
summer residence over New York and those
other unfortunate villages that are reporting
the thermometer up among the nineties and
no Ice to be had for love or money.
CHARLESTON COUNTY TAX SALES.
The sale of county real estate of delinquent;
taxpayers was resumed at the Fire-proof
building yesterday. The following pieces
wera knocked down to the State:
Murray, Thomas, 100 acres, Sixth Dis?
trict.$ 47 35
Murphy, Dennis, 100 acres, Sixth Dis?
trict. 64 60
Murphy, J. F., 1 building, Sixth Dis?
trict. 21 20
Morris, F. R. or E. R., 3600 acres. Sixth
District. 192 19>
McKllver, R. A., 430 acres, Sixth Dis?
trict. 108 13
McKllver, Robert. 366 acres. Sixth Dis?
trict. 81 83
McCante, D., 446 acres, Sixth Dis?
trict.:. 66 42
Nell, O. B., - acres, Sixth Dis?
trict. 16 81
Neumeyer, W., 70 acres, Sixth Dis?
trict. 28 9T
Nolsetr, Samuel, 6 acres, Sixth Dis?
trict. 19 75
Nlsbit, Prime, vacant lot, Summer?
ville. 16 49
Owens, E-tate Alexander, 100 acres,
Sixth District. 1916
Parker, A. E., 3i0 acres, Sis* Dis?
trict..-. 46 12
Payne, Thomas, l acre, sixth Dis?
trict. 65 M
Perry, P. J., 2 houses and lota, Sum?
merville. 39 69
Perry, J. J., 40 acres, Sixth District.... 49 7T
Pi nek ney. Thomas, 66 acres, Sixth Dis?
trict.. 40 69
Plnckney, Pompey, 26 acres, Sixth Dis?
Porcher, William, 1700 acres, Sixth
District. 172 86
Porcher, Estate F. L.. 1400 acree, Sixth
^ trlct..446 70.
Price, James, 19 acres, Sixth Dis?
trict. 71 04
Paris, Abram, 52 acres, Sixth Dis?
trict. 16 66
Ravenel, J. G., 1200 acres, Sixth Dis?
Ravenel, Thomas, 1187 acres, Sixth Dis?
trict. 220 79
Rhett. William, 220 acres, Sixth Dis?
trict. 168 67
Rings, W. B., 63 acres, Sixth District.. 47 09
Hiker, Ella D., 90 acres, Sixth Dis
UlCt.:. 31 IO
Robertson, Robert, 8 acres, Sixth DIB?
Root, W. A., 25 acres, Sixth District... 80 71
Budd, Estate Eil. 160 acree. Sixth Dhv
trlct. .... 17 17
Bassel, Charles, 42 acres, Sixth Dis?
trict. 17 Og
Ring, Conrad, 70 acres, Sixth Dis?
trict..-. 34 37
The sale win be continued to-day at the Let?
ter S of tue dillnqueDt list for the Sixth Dis?