Newspaper Page Text
COLUMBIA. S. C.
Saturday alor nine. August 31,1872.
For President of Ike United States,
HORACE OUBELBT. or New York.
B. GRATZ BROWN, or Missouri.
Tit? Death Penalty.
There ia but one excuse, or rather
justification, for the i u iii uti ou bj Bociety
.of tho death penalty-which ?B its ncoes
-sity, in order to the suppression of grave
orimes. Of its necessity or virtue, iu this
respect, there is a little difference of opi?
nion among even civilizad people, and
the maudlin humanity of some lead them
BO far as to douounae oapital puuisbmeut
altogether. It is, however, we believe,
the universal law of the world, where
?there is any semblance of government at
-all, that he ivho commits murder shall
euffer death. Society everywhere de
.mauds that extreme penalty for its own
protection, and we believe that society is
xight. Tho fear of the hangman's rope
does deter many a blood thirsty villian
from oarryingiuto execution his murder?
ous purpose. Those who believe this
.cannot but feel that the execution of the
two negroes-Bill Lucas and Ed. Harris
-yesterday, is not to be regretted.
There have beeu many dark and brutal
murders in our County within tho last
ono or two years, aud not a guilty wretch
has before been brought to justice. It
has come to be considered really unsafe
to go out alono iu certain sections of the
i doun ty. Some example, therefore, was
necessary to be made, aud wo presumo
that no moro fit subjects could possibly
ba had than tho two mon who were hung
Tho case of Lucas was a clear one of
wilful and malicious homicide; that of
Harris was worse still-for it was inspired
by a sordid greed for a few dollars which
it was thought that Pat. Murphy, au old
Irishman, possessed. There were two
.other negroes with Harris, and they
-could certainly have accomplished their
.iutended robbery without murdering the
deerepid old man.
Tho sentence of Butler Johnson, one
of the accomplices of Harris, the Go?
vernor baa commuted to imprisonment
for life in the penitentiary. Jiukius, the
other partner to the bloody deed? and
probably the most active agent iu the
murder, has not yet been found. It is to
'bo hoped that the awful spectacle pre?
sented yesterday may have a wholesome
effect upon evil doers.
A former resident of Arizona, who is
thoroughly familiar with the so called
.diamond regions, asserts that Arizona
.diamonds are nothing more than peculi?
arly brilliant quartz crystals. Of these
he has repeatedly collected lurge quanti?
ties, for tbe amusemontof the little one?
of bis ueq.iuintance, among whom he has
ians lavished incalculable wealth-pro?
vided quartz crystals and diamonds aro
synonymous. Even were the extrava?
gant stories of the mineral wealth of
Arizona to bo literally trae, it would be
madness for auy one to attempt to reaob
tbe diamond regiou except in company
with a well armed and abundantly-pro?
visioned curavan. The country is com?
pletely barren, und swarms with hostile
BuViigea. If any man wishes to risk his
-health aud waste his timo iu digging for
-diamonds, ?South Africa oao be reached
by him much more easily than Arizona,
aud in South Africa it is certain that dia?
monds have boen found, however few
and far betweeu such lucky discoveries
may have boon.
NABKOW GAUOJS -A meeting of the
-Carolina Narrow Gango Railroad Com
pauy was held at Lincolnton, N. C., on
-the 27th iuot. Chester and York Coun?
ties of this State, aud Gaston, Lincoln
und Catawba Couotics, N. G., were re?
presented. The stock, as required, wa3
fully represented. Organization was
completed by the ohoioe of P. H. Dave?
ta, of Chester, S.O., for President. The
following named gentlemen comprise
the Board of Directors, viz: B. F.
Wheeler, Yorkville, S. G.; J. T.Smyer,
Gaston, N. C.; W. D. Metz, Lincoln ton,
N. 0. ; and A. G. Ford, Catawba, N. G.
E ich County's delegates were instruotod
to pledge the company to oarry the road
through the Counties named. The
road will be 100 miles in length from
Chester, in this State, to Lincolnton, N.
G., and present prospects of completion
.aro very flattering. v>
As ACCIDENT AVERTED.-When the
train from Columbia for the city was
within ?ix miles of Branchville, on
Wednesday morning, the trestle work
-over the ravine was discovered to bo on
fire, and also the undergrowth in the
vioinity. The engine was stopped and
tho Uro extinguished, which had partial?
ly burnt some of the oross ties, But for
the discovery of the fire in good time,
the train might have mot with an acci?
dent resulting Boriously. Whether the
fire was incendiary or accident is un?
We regret to learn from tho Abbeville
Medium that the Hon. D. L. Wardlaw
was struck with paralysis of the right
arm and leg, on Monday last. The dis?
ease is only partial, and strong hopes are
entertained of the Judge's speedy re?
The North Carolina apple crop is so
abundant that in Orange County, the
Hillsboro Recorder says, thousands of
barrels are loft to rot on the ground.
A Deoreo In Reference to the Recording
of Lott Mortgage*.
I We print tbe following deoree of bis
Honor Judge Graham, as a matter of in?
terest to the bar aud pablio generally:
Joseph D. Taylor, Trastee, and Rosa A.
Baoot, vs. M. E. Hutchinson-In the
DECREE.-This case comes up on ex?
ceptions to tho report of the referee, to
whom it was referred, with instructions
to report the amount due on tbe bond of
tbe defendants, with leave to report any
special matter. The facts of tbe caso, as
reported bj tbe referee, and agreed to
by the parties, are as follows: On the
16th daj of July, A. D. 1860, M. Edward
Hutchinson and Josiah J. Perry, of Col
leton County, (then Distriot,) executed
to Joseph D. Tajlor, trustee of Rosa A.
Bacot, thoir joint and several bond, in
the penal sum of $2,000, conditioned
for the full and just sum of $1,000, to be
paid in three equal annual installment?,
with interest payable aunuallj. To se?
cure the pajment of the bond, the said
M. E. Hutchinson, on tho same daj aud
year, executed and delivered to the said
Joseph D. Tajlor, trustee, a mortgage
on the house and lot in Summerville, the
subject of this suit. This mortgage was
given for the unpaid portion of the pur?
chase monej, and was duly recorded
within tho proper time in the office of
tbe Clerk of the Court of Common Pleas,
for Colleton County, at Walterboro.
Afterwards, to wit, on the-daj of
-, A. D. 18G-, tho said office was de
strojed bj fire by tho act of the public
enemj, and with it all the papers and
records therein kept. The original mort?
gage itself being still in tho custodj of
the Ciork, and unreturned to tho plain?
tiffs, was also destrojed bj fire. On
March -, 1869, one William Mejer
obtained a judgment in the Conrt of
Common Pleas against M. E. Hutchin?
son and J. H. N. Hutchinson for $306,
with interest from March 15, 1869. Tho
judgment was obtained on u note dated
April 21, 1867, aud without notice of
said mortgage. Afterwards, to wit, on
the - daj of -, A. D. 1871, the
plaintiff, Joseph D. Tajlor, trustee, filed
his petition, to come in under tho in?
formation of tho Attorney-General, filed
in accordance with A. A., 1865, "To per?
petuate testimonj in relation to deeds,
wills, ohoses in action, and other papers
and records destrojed or lost during tho
recant war," and the amendments there?
to, proved his mortgage and the destruc?
tion thereof, and had a substitution
made on the record.
The question of prioritj is made upon
this statement of facts between the judg?
ment held bj William Mejer aud tbe
mortgage as substituted bj Joseph D.
Tajlor, trustee, in the manner and iorm
stated above. The sase waB referred to
G. Herbert Sass, Esq., as special referee,
who reported in favor of tho prioritj of
the mortgage, on the ground that the
mortgagee, having complied with the
provisions of the Act of the Legislature,
known as tho Aot of 1813, and having
recorded his mortgage in the proper
offioo within the sixtj dajs required bj
said Act, acquired thereby a valid and
subsisting lien against subsequent credi?
tors, without notioe, whioh ic was not in
the power of the Legislature to impair
or defeat bj any subsequent legislation.
To this decision of the referee, the judg?
ment creditor excepts on the following
"I. Because his conclusions, if cor?
rect, will deprive tho judgmeut creditor
of his prioritj, and put the mortgagee
who had lost his lien before, and when
the judgment wus obtained before him.
"II. Because tho judgment creditor's
right to prioritj of claim was vestod,
and the Legislature ?md uo power to di?
"III. That the Aot was uot intended
to apply to cases where lions had ut
tached before it was passed. "
This case tarns upou tho effect and
validitj of the fifth ueotion of the Act ol
the Legislature, passed on Septetnbei
'20, 1866, at tho extra session of tba
jeur, which section declares that "all in
strumants in writing of whioh a recort
or registry is required bj law, aud o
which the record or registry has beei
destrojed or lost, but tho original pro
served, and tbe substitutes provided ii
the said Aot (of 1865) for such origina
iu case of their loss, shall be reoordei
within six mouths from tho ratiticutioi
of this Act. Otherwise, thej shall no
prevail as liens against subsequent pur
ohasers, for valuable consideration, no
creditors without notice." (Stat, a
Largo, Vol. XIII, pago 331.) This sec
tion was amended at the regular sessioi
of the samo jear, bj an Aot passed De
oember ll, 1866, whioh providod: "Tba
the time for re-recording, provided b,
the fifth section of the Act of the Gene
ral Assembly, ratified on tho 20th daj o
September, 1866, entitled 'An Aot t<
amend and extend tho operation of ai
Aot to provide a mode bj which to pei
petuate testimonj in relation to deed*
wills, choses in action, and other paper
and records, destrojed or lost during th
recent war,' be?extended antil the 1st da
of December, 1867." (Stat, at Larg?
Vol. XIII, page 111.) There were, thert
fore, less than fourteen mouths allowa
bj tho Legislature for the re-reoordin
of lost and destroyed records; and tb
effect of theso two Acts was to divest an
destroj the lion of all mortgages whic
had beon dulj reoorded under the Act (
1813, and whioh were not again place
upon record during the said period <
fourteen months. In other words, tl
lion secured to tho mortgage creditor au
vested in him, under the Aot of 1813, :
taken awaj bj the Ads of 1866.
Is thia a legitimate exercise of legisli
tive authoritj? I am of opiuion that
is not. When a mortgageo places h
mortgage upon record, in accordacc
with the provisions of tbe law nt tl
time bis contract is made, he theret
seoures a vested right, under the prote
tion and guarantee of the State, wil
which the State is pledged not to inte
fore bj any subsequent Act "of me:
legislative will." Rcoording is aoi
struotive notice to all the world, and tl
very sot of record raises a pr?somption
of notice which, nothing can rebnt. The
mortgage in this caso was for the unpaid
part of the purchase money-one af the
highest securities known to the law. By
the common law, a creditor of this class
had un equitable lien for his unpaid pur?
chase money, whioh was a prior charge
on tho property. This oommon law
doctrino of the vendor's equitable lion
has never prevailed in this State, be?
cause tho recording Acts took its place.
Tho moment that a mortgage creditor
recorded his mortgage, under the Act of
1843, and iu compliance with its provi?
sions, tho presumption of notice was
established as against all the world, and
this presumption is uurebutable. If
Moyer, in this case, hud giveu credit to
Hutchinson bp/ore the destruction of the
records, and at tbe time this mortgage
waa actually on record in the Clerk's
ollico of Colleton District, there eau be
no question but that ho would have
boon a creditor with notice, aud having
beeu thus once affected with uotice be
could never afterwards have become uu
nffeuted by the doetruotioo of records
whioh wore notice to him at the time he
gave his credit. In this casu, tho credit
was given in April, 18(17. Admitting
for the moment that the Acts of 1806
were good and valid Acts, still, even
under those Acts, the time allowed
for recording had not expired in
April, 1867. It did not expire until
December 1, 1867. This mortgage,
therefore, was potentially on record ut
that very time, even under tho Acts of
18G6. At auy lime betweeu April nun
December, 1867, the mortgagee might
have come in and set up his mortgage,
aud his lieu would have been perfect. It
is not, therefore, a sound argument to
say that at the time Meyer gave his
credit he did it on the faith of Hutchin?
son-being in reality, as ho was in out?
ward appearance, the owner of this pro?
perty, and thut there were no records in
existence at that time to show the re?
verse. Even if the recording under the
Act of 1813 hud not affected him indeli?
bly with notico, which I think it did,
still thero were sevou mouths yet tu
como in which these very limiting Acts
gave him no protection. It is precisely
analogous to the case of a mortgagee
who records on thu sixtieth day from the
date of his mortguge, us provided by tho
Act of 1813. If credit hud been given
to the mortgugor during the two months
previous, thut would be no argument
against tho priority of the mortgage
lien. Might not the word subsequent,
in tho fifth section of the Act of 1S66, be
reasonably aud jtibtly interpreted to
mean subsequent to tho time there
limited for recording? During that
time, might not a rule of caveat creditor
properly upply? And during thut time,
waB not any one giving credit, by the
very terms of tho Act itself, affected by
tho implied notice of the original record?
Moyer gave (Hutchinson credit in April,
1867, just as much at his own rink as if
the records had been there, and he had
neglected to examine them.
But tho Acts of 1866 are open to the
grave objection of disturbing and divust
iug vested rights, and I cannot regard
them us valid. At the time they were
passed the whole State was in a confused
und unsettled condition. A new Consti?
tution was about to bo adopted under
the pressuro of novel and disturbing cir?
cumstances, and none of the ordinary
machinery of Kociety was in ovon tolera?
ble working order. In tho midst of this
auomalous state of things, the Legisla?
ture passed au Aot, whose practical effect
is to declare that all rights of property
vested and secured under the Act of 1813
shall be void nud worthless, as against
subsequent creditors, in cases where the
actual records have been destroyod, un?
less tho instruments of writing, convey
iug them, shall be re-recorded within tho
short and inadequate space of fourteen
months. lu this action the Legislature
exceeded its powers. lum strengthened
in this view by a case decided in the
courts of this State, and reported in 1th
Rich. Law Reports, p. 568. Watton anti
Haseltine, survivors, vs. J. J. Dickerson.
The case was triod before Judge Evans,
ut Williamsburg, in 1851, aud his report
to tho higher court was as follow*:
"This was a rule ou the sheriff. Thc
fuots wero these: On tho 30th of Ojtobor,
1819, thc defendant confessed n judg?
ment to Hyatt, McBurney it Co., foi
810,758.13. A fi. fa. wus lodged with the
sheriff of Chariest in on the same da v,
and with the sheriff of Williamsburg on
the 28th of March, 1850. On the litt
of March, 1850, Walton & Haseltino re
covered, at Marion, a judgment against
Dickerson for $921, and lodged theil
execution with the sheriff of Williams
burg on the 20th of March. Hyatt, Mo
Burney & Co.'a Jii.fa. was tho oldest
but it was not lodged in Williamsburg
until eight days after the fi. fa. of Wal
ton & Haseltine. The sheriff had sole
a lurga amount of the defendant's pro
perty, but not enough to pay both, ant
Walton & Haseltine claimed priority, be
cause their fi. fa. waB first lodged in Wil
liamsburg. Before tho Act of 1819, a fi
fa. bound the property of the defondau
in every part of tho State; but by the
Act, the lien ia taken away, except ii
those Districts whore the fi. fa. is lodged
Hyatt, McBurney & Co.'a lien wu
created before tho Act waB passed,
was of opinion tho lien was a vostei
right, whioh oould not be taker away b;
mere legislativo will, and that tno Act re
quired no suuh construction to bc pu
upon it. Tho rulo was, therefore, dis
Tho Court of Appeals, ia deciding th
case, said that it was not necessary t
consider tho effect of the Act of 181
upon liens vested before its passage; ht
cause the terms of the Act clearly poiul
ed to future liens, and should bo con
fined to thom. But tho court, throng
Whitncr, J., said, "Whether it was corr
potent for the Legislature thus to change
abridge, or even virtually destroy, oxisl
ing securities, admits of grave quostioi
but we do not think tho terms of the At
lead to its consideration. Cortainly th
rulo is, that statutes should be so coi
strued us never to mako them retrospect
beyond tbeir commencement." (Bac.
?br. Stat, t?; Bl. Com. 45.) Laws seek?
ing to aot on past transactions would in?
variably work injustice, and courts are
bound BO to interpret, if possible, as
tbat wrong will not be done to any.
Looking to tho terms of the Act, there
are no words which refer to tho past ne?
cessarily-all may bo seusibly construed
without invading tho general principle.
In fact, by its very terms, it looks to
what is to be done in tho future by its
provision "from and after the passing of
this Aot." It is truo tho general words
are used, "That no judgment shall have
lieu," but taken io connection with tbe
generul rule of construction, nud tho
consequences that would result, thu true
reading is, rather that no judgment hud,
from and after the pussiua: of this Act,
"shall bave lion." "From other legis?
lation, and tho ruling of other courts, as
well as our own in other capes, wo ure
confirmed in this construction."
Tho court, therefore, sustained Judge
Evans, and dismissed the uppcul.
In the present ouse, tho lien iuterfercd
with is a much higher lieu than that of u
judgment obtained in indium against a
debtor. It is a mortgage for tho pur?
chase mouey, a voluntary security for un
unpaid debt, and it is entitled to the
highest protection of thc law. It is ad?
mitted that tho requirements of th? Act
of 1813 were duly complied with. I aro
of opinion, to quote tho words of J migo
Evans, "that tho lieu was a vested right
which could not be tukeu uwuy by mere
legislative will." The exceptions are,
therefore, over-ruied, aud thu report of
tbe referee sustained.
It it ordered thut the referee do pro?
ceed to sell the mortgaged premises de?
scribed in the pleadings ut public auc?
tion, in the city of Charleston, ufter due
legal advertisement, on the second
Tuesday of November, 1872, upon the
following terms, to wit: One half cash;
the balance iu one year, to be secured
by bond of the purchaser, bearing iute
rest, with mortgage of tho premises, nod
thut upon such sale all parties to these
proceedings, und uti persons claiming
by, nuder, or through them or nuy of
them, be forever barred and foreclosed
ol'and from nil equity of redemption in
nud to the said mortgaged premiaos.
And that out of the proceeds of said sale
tho said referee do first pay tho costs
and expenses of those proceedings, and
next the amount duo upou the bond nf
the said M. E. Hutchinson and J. J.
Terry, to Joseph D. Taylor, trustee,
piincipal and interest, as computed up
to tho day of said sale, and the balance,
if t?ny, be applied to the satisfaction of
the judgment held by thc said William
Meyer, und that the said referee do re?
port his proceedings in tho matter to this
court. (Signed) lt. F. GRAHAM.
AUGUST 28, 1872.
True copy : A. C. RICHMOND, C. C. C.
P., Charleston County.
No home! What a misfortune! How
sad the thought! There are thousands
who know nothing of the blessed influ?
ence of a comfortable home; merely bu
cuuso of a want of thrift, or dissipated
habits. Youth spent in frivolous amuse?
ments, leaving them at middle age,
when the physical and intellectual man
should be in its greatest vigor, enervated
and without ono laudable ambition.
Friends long since lost, confidence gone
and nothing to look to in old ago but a
mero toleration in the community where
they should be ornamouts. No home to
fly to when wearied with the struggles
incident to life; no wife to cheer them in
their despondency; no virtuous house?
hold to give zest to the joys of life. All
is blank, und thoro is no hope of succor,
except that which is given out by the
bund of private or public characters.
Whan Ibo family of the industrious nud
sober citizen gathers around the cheer?
ful lire of a wintry day, the homeless
man is seeking a shelter in the cells of a
station house, or begging for a night's
rest in tho out-buildings of one who
started in life at the same timo, with no
greater advantages; honesty and indue
try built np that home, while dissipation
destroyed the other.
PEUSEVEKANCE.-If you wish to do
good, do good; if you wish to assist
peoplo, assist people. Tho only wuy to
learn to do a thing ia to do it, and that
implies, before you learn to do right you
will do wrong-you will make blunders,
you will have failures-but persevere,
und in tho end you will learn your lesson,
and many other lessona by the way.
A street gymnast of Paris, known as
Samson's Iron Jaw, whose specialty was
to pick up weights with his teeth and
throw them over hi:i head, raised a bar?
rel with his teeth, and in attempting to
dispose of it in the same way, fell dead
with a brokon spine.
CruTicAn POLITENESS.-A young QU
thor reading a tragedy, perceived hisau
ditor very often pull off his hat at the
end of a line, and asked him the reason.
"I cannot pass a vory old acquaintance,"
replied the critic, "without that civility."
The Troy Press says: "Roborfc Lin?
coln, son of President Linooln, ia strong?
ly for Greeley. In conversation recent?
ly with a bosom friend of his father, he
remurked, 'if father was living, he would
tako an active part for Greeley.' "
A country; girl near Louisville has
Icurued how to utilizo her father. When
her "fellow" rides out to seo her, she
makes the "old man" keep tho flies off
thc horse during the visit.
Tho Quakers will hold a national
gathering at Oskaloosa, Iowa, Septem?
ber 1, at which IU,OOO aro oxpocted to
Livingstono has been found again
this timo in the market house at Wil?
mington, N. C. And ho had to pay a
dollur for it.
Fortuno Snow, of Tonnesseo, is for?
tunato to havo a grand-son sixty-five
Seventy new houses havo boen put np
on Sullivan's Island since the war.
CITY MATTERS.-Tb? price of single
copies of the PHONIX is five cents.
Mr. W. J. Duffie, bouksollor, lias just
issued, iu pamphlet form, "A Tribute to
Hon. J. 13. O'Noall, LL.D., being a sum?
mary of his Life and Labors. By Maxi?
milian LaBorde, M. D." CopieB can bo
obtained by mail, 8t twenty-five cents.
Immense bill-boards have been erected
corner of Richardson aud Tuylor and
Richardson and Lady streets, on which
aro portrayed attructivo show-bills, illus?
trating the principal scenes enacted by
tho Greut Eastern Circus Compauy; also,
many of tho animals to be exhibited by
this monster six-teut concern. The
Bailey lot, on Lady street, near the
Greenville and Columbia Railroad, is the
only one in the city large enoogh to
allow the tents to bo properly pitched.
Our German neighbor, John C. See?
gers, Esq., tets out a first-rate lunch
every day, at ll o'clock.
Tho Messrs. Swaffield are making ar?
rangement to materially extend their
busiuess. The rooms at present occu?
pied by Messrs. Weam & Hix are to be
added to their already extensive estab?
lishment. Verily our bini ness men be?
long to the go-ahead order.
Mr. T. M. Pollock departed for the
North, yesterday, to make tbo necessary
arrangements for furnishing bi? hotel.
The work on tho building is being
pushed forward, aud it is pretty certain
thut tho hotel will be reudy for occupa?
tion by tho 1st of November. Wo shall,
iu a few days, publish u full description.
We heartily commend the Southern
Musical Journal, (the only ono in the
South,) to our readers, aud assure them
they will not regret the small sum, only
one dollar, needed to secure it for a
your. With the August number, just
out, four more pages are added, making
it one of tho largest as well au the best
musical maguziues now published. Each
number now contains twenty-four large
quarto pageB of musical reading matter
and beautiful music. Sixty cents worth
of sheet music is also given each new
subscriber as a premium, so that the
Journal really costs but forty cents ii
year. Ludden ,t Bates, Savannah, Ga.,
aro tho publishers.
Messrs. Weam Sc Hix,- the skillful and
artistic photographers, have jost finished
a portrait of the beloved and highly
popular pastor of the Presbyterial
Church in this city, Rev. Joseph R. Wil
son. It is not only a correct likeness,
bat also a beautiful piece of work. Nu?
merous oopicB have been ordered by thi
admirers of tho learned divine.
A spiteful young highland moccasin
was caught in the basement of the PHCE
SIX office, yesterday, and properly bot
tied. It is supposed that his snakeshir.
was introduced into the building througt
tho medium of u hollow log. A shari
look-out is being kept for the old ones.
Col. Black, Post Commandant, return
ed to Colombia, yesterday. His Wost
ern trip was of little advantage; but oui
delightful climate will soon bring bin
By Act of the Legislature, druggist:
aro required to have the antidote to ead
poison or poisonous compound sold lr
them printed upon the label on each bot
tie or package.
Hugh Wilson, Esq., of the Abbevill
Press, paid us a short visit, last night.
TUE DouniiE EXECUTION, YESTERDAY
Tho two colored murderers, Williac
Lucas and Edward Harris, who wer
convictod at the last term of the Cour
of General Sessions, and sentenced b;
Judge Melton to be hung on the thin
Friday in August, but who were re
prieved by Gov. Scott until Friday, Au
gust 30, expiated their offences and satis
tied tho law, yesterday, at 2.20 o'olocl
Luoas, it will be remembered, in com
puny with two others-Haunch Bridge
and Wm. Dennis-took the life of
young white man, named John Simpsoi
by cutting the femoral artery in the rigb
thigh, on the night of the 16th Marc
last. They wore tried for the offene?
bat Bridges and Dennis were acquitt?e
Lucas, at tho time, was abusive and a?
parontly very reckless-asserting that b
had "sont Simpson to the Devil, and L
was ready to moot him there." Sin<
that time, and when he found that tt
gallows stared him in the face, he pr<
fessed repentance, and changed his co:
vorsation and aotions. Harris was coi
vioted npon circumstantial evident
alone-and it is oven suspected that 1
was the victim of a conspiracy-the se)
tenco of ono of the actual murderers i
tho pump-minder, Mr. Patrick Murph;
having been commuted by Gov. Scott 1
imprisonment for life.
By 9 o'clock, yesterday morning, tl
crowd began to congregate around tl
jail euolosure, and by 12 o'clock thei
waa a perfect jam-the multitude swea
ing, shouting and pressing forward I
oflect nn entrance to the jail yard. Chi
of Police Jackson, with nearly his enti
force, found it almost impossible to re?
strain the unruly crowd, which every
minute increased iu numbers. No at?
tention was paid by the multitude to the
orders from the officials, und the clubs
of the police hoing found unavailing,
the militury were called upon, who, with
their bayonets presented, succeeded in
partially keeping back the excited crowd.
Alderman Wilder was on the ground,
and, fearful that blood might be spilled,
directed Captain Jackson to order the
militia back into tho enclosuie, and
piuco the entire police force in and
around the gateway. Quiet was soon
restored, and the only dumago done waa
a severe rapping of the knuckles of a
few sight-seers, who persisted iu push?
Sheriff Frazeo--justly, too, we think
decided that the jail-yard was the proper
placo for tho execution, and managed
everything capitally. A call was made
upon the Colonel of tbe militia regiment
iu this County, whioh was responded to
by a detail of the Stevens Light In?
fantry, Capt. Ballad; Bandolph Rifles,
Capt. Augustus Cooper; and tho Neagle
Rifles, Lieut. Brown commanding.
About ll o'clock, the militia, in full uni?
form, appeared upon tho ground, and
took up a position around the gallows.
This implement of dertruction was
erected iu the centre of tbe yard on the
South sid<-. It was the ordinary but
very dimple and effective trap-doors,
with a prop-the removal of whicb, by
au appended rope, causes tho doors to
Tho Rev. Mr. Berkley, (colored,) of
tbe Methodist Episcopal Church North,
bas administered spiritual consolation to
the condemned men for several weeks,
and remained with them to the last mo?
At twenty minutes to 2-the ropes
having been properly adjusted-tho pri?
soners, bound, wero brought down and
placed upon the platform. Sheriff Fra
zeo then read the sentence of the court,
when the unfortunate men were notified
that if they wished to make any remarks,
the opportunity would be afforded them.
Lucas, then, in a few rambling remarks,
admitted the justice of his sentence, but
?aid he hud faith in the Redeemer, and
believed ho would be saved. Harris de?
clared ho was innocent of the crime for
which he was to Buffer, but believed that
the Lord would be merciful to him. By
the particular request of the condemned
men, the beautiful old Methodist hymn,
"Triumphant Graoe," was then given
out, the tune was raised by a female rela?
tive, the condemned joined in, and a
portion of the assemblage assisted.
The Rev. Mr. Berkley offered up a
fervent prayer, bade the unfortunates
farewell, the black caps were drawn over
their faces, the ropes were adjusted
around theil necks, the signal given, the
trap-door sprang, and at twenty minutes
past 2, the condemned were swinging
I between heaven and earth. Lucas strag?
gled for five or more minutes, while
Harris writhed and twisted for more
than ten minutes. After fifteen minutes
had elapsed, Dr. A. N. Talley made an
examination, and pronounced life ex?
tinct. The bodies were allowed to re?
main suspended ten minutes longer,
when they were taken down, placed in
co?ins, and turned over to the relatives.
Upon examination by Dr. Moore, the
neck of each victim was found to be
It is estimated that fully 5,000 peisons
were in attendance-many of them fe?
males and children. Sheriff Frazee per?
formed his unpleasant duties efficiently
and with proper consideration for the
feelings of all.
It is stated that Harris was convicted
of the murder of a M.-. Hopkins, in Mis?
sissippi, in 1859, but was pardoned under
the gallows. Lucas, it is also stated,
committed more than one murder before
justice was meted ont to him.
PncEXixiANA.-Wrong is but falsehood
put in practico.
Wine has drowned more than the sea.
A man must become wise at his own
The youth of the soul is everlasting,
and eternity is youth.
Zeal is flt for wise men, but flourishes
chiefly among fools.
Man's chief wiadom conaists in being
aenaible of his follies.
Writings may be compared to v/ine.
Sense ia the strength, bot wit the flavor.
A jewel of an uncle-A carb-uncle.
Tho table of interest is tho dinner
LIST OF NEW ADVERTISEMENTS.
Miss O. R. McGowan-Sohool Notice.
L. C. Sylvester-Seleot Sohool.
A Nashville paper Bays there was
never before such a glorious orop of
"pairs" in that oity as there has been
this season. Nearly every front gate is
loaded down with them on pleasant
The old-fashioned high Spanish combs
are reported to bo corni Dg into nae again.