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The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, February 08, 1882, Image 2

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f he Press and Banner.1
By Hugh Wilson and H. T. Ward lam <
Wednesday, Feb. 8,1882.
Senator Fkhbsnu* in a Soa of Troubles. j
In this week's paper, wo present our i
renders ,n few long flriieles vbout i
Columbia matters, but not enough to|
give the reader a basis upon which lie!
may found ft!) intelligent opinion
as to therause of thedifficulty between
Gen. Kennedy and Senator Kishburne.
In matters like this where everv i
man wants favts, that he may form hi>
own conclusions, the leader naturally
turns lo the daily reports of (lie pioceediugs
of the (Jeneral Assembly
which the public understand t<> be the
records of actual facts, without color-1
ingor reference to the personal preferences
or prejudices of die editor or reporter.
Wc tailed to find any mention
at all of thisallair in the scmi-of-'
fieial proceedings as published in the j
jS>. ics eind Courier, an<l only the barest
mention of it in the ficffixfcr. j
The Register while giving some facts I
on the local page, and exculpating cv-j
cry body from blame, except Senator!
Fishburne, let slip a few significant]
words, besides giving a reasonably
fair statement of facts as they occur-1
ivd at the office of the Trial Justice.:
It will bo observed by reference to the!
Legislative proceedings as copied from
the J!cr/is(cr that the only mention by!
the Jieyister of the speech which j
caused the difficulty with Lieutenant-;
Governor Kennedy, was in these!
* 1
words-: "Mr. Fishburne renewed liisj
"effort to pass the bill [to relieve cer-|
"tain counties from the operation of;
"the Mock law] and spoke at some j
"length and with marked earnestness i
"against the motion cf Mr. Wylie.j
"In speaking of the merits of the|
"measure, Mr. Fishburne repeated the.
"arguments employed by him yester-1
"day. which were fully reported in the
"Register." That speech we have
copied from the licgistcr into the col-'
limns of the Pixus and Banner. |
There can lie no doubt that Sena-j
tor Fishburne did something on j
the followng day which the Pres-,
iden-t of the Senate thought to Ih'|
wrong. Exactly what that .something!
was, 110 one can tell from the printed:
reports, and wherein the President of
the Senate oflended the Senator on,
the floor doe.s not appear. But it is
nevertheless true, that he did grievous-!
ly offVud Senator Fishburne, when |
presenting his arguments in b? half of,
a measure in which he felt the keenest
JJut we are left in the dark as (o the'
actual facts. No mention being made
of the matter in the reports which 1
should be fair and impartial, and so
little having been published in the articles
which have the appearance of a
desire to mould public opinion with-1
outgiving the facts, we are unable to>
speak anvisedly. We have alwaysj
lian a mgn regara lor ljieuieiiuui-vjov-.
ernor Kenuedy, and we can hardly
believe our own eyes when we read of:
hid share iti what a special reporter of
the News and Courier terms "the most!
"disgraceful scene ever witnessed in j
"the Senate Chamber of?oulh Caro"lina."
Governor Kennedy we be-1
licve to be one of the most conser-j
vative and most polite men in the'
fttate, and when we read of his irritu-j
ting a poor unfortunate Senator)
against whom he had ruled, and'
against whom the prejudice of our!
whole people is arrayed we miss the'
larger heart and kindlier hand, which j
we have ever believed he possessed.
We have no words of excuse or pallintirtti
fnr Senntor Fishhurne's deser-l
tion of the Democratic party, but we
cannot endorse any persecution of hitn
on that account. We condemn the'
persecution?if persecution it is?be-:
cause persecution is wrong in itself.:
And we condemn it, because it will, if;
this policy is pursued, materially in-1
jure the prospects of the Democratic
' party. A system of terrorism will
9iot succecd permanently. The best
Way to succeed is to do right, and the
fcest way to perpetuate a political par-!
ty is to be just. Many good men in
^this State are sorely aggrieved at the:
passage of the stock law, and if we
have not the sympathy and co-operation
of that class of our citizens wt
may next fall find it hard to elect our
+ 4*
T>ati PiMnr*? nf SJonnlnr Fi?Jihiirn<v.
"**" * ~ " I
AVe maybe arguing our own ignorance,
when we state that we know,
very little of Senator Fishburne, who J
has recently sprung into prominence, j
The Greenville News seems to know j
him well, and furnishes its readers!
with the following pictures of the pa-,
tient "before and after taking" on hisj
present "Independent" proclivities; I
" Eob" Fish-! Now he is a
burne a few years wreck, with his!
ago was a frank, ^ood fellowship1
jovial manly man, turned to swagger-!
a warm friend, aing bitterness, his!
generous foe. loyalty to shifty!
While occasionally political dodging.)
overbearing a 11 d His nature seems,
arrogant, he asked to be entirely
no consideration changed, and the:
he-denied to others, only remnant of j
and had a high what he was is the!
sense of personal courage that wasj
honor, and an un- born in him. Wej
failing gratitude can not believe;
for any kiudness?nything except)
<done hftsn. He that his brain isj
would laugh cheer- temporarily or per-;
l/i tliA vnnimittlir itnnroil
U..J. ... l.iV, .V.., J
face of death; ami A in b i t i o m and
never stopped to^reed could never'
count the cost or have effected such
the odds v hen trans formations,
friend or cause was The only defence
to be served. He of his recent con-;
was the livingcav-duct is insanity,
alier loving and and we believe that
hating frankly, defence to be good,
swearing roundly, We certainly hope:
drinking stoutly,so most sincerely,
fighting hard, tak-j
ing little heed for
the morrow, ever
loyal and faithful!
to trust and principle,
honest, true as!
steel, and chival-j
rous. "The game:
cock," he used to
be called, and few
could feel the!
close pressure of
his hand,and look;
into his unfaltering
and kindly
eyes without Jik-J
ing and trusting!
The Election Law.
In another part of the Frets and\
Banker we present some of the uiore
important sections of the Registration ;
law. As a new system of voting has j
been inaugurated it might be well for
our readers t!> preserve this copy of the!
paper for future reference. Our read-!
ers are aware of our opinion of the J
law as a whole, but we may be par-j
doned for remarking on one or two
features of that law which so compli-!
cated the work of voting as to confuse;
even a reasonably intelligent voter to J
say nothing of that class of voters
who can not read. Iiigbt boxes are to
be prepared in which to vote for olli-,
cers, and u uintlt is to be added on I
special occasions. The tickets are to'
be exactly of the same size and color, J
ami must he printed or wiitten in
black ink, aud no vote is to count
which may be put in the wrong box I
through mistake or ignorance. If the'
voter should feel disposed to scratch
any one of the many tickets which he
is to cast, he must not use a pencil,!
but have blqck ink. Let the voter
read the different sections and see il
he cau make out how to vote.
The Shadow of IlicGallows'
Mis Last Speech?To be Hanged on
1 ho 30th of J urn:?Scene irt the
\\ \suix?.ton, February 4. ?After Ihe'
motion forancw trial had been overruled, j
Gniteau, \vh? bad beer, permitted to re-j
sumo his seat at tho eonnsel table, called I
out: "If your Honor please, I desire to i
ask if there is any motion that I ought to
make to rescue my rights." ScovillO tried j
to prevent bis speaking, but he irtortcd : |
"Wi ll, I don't want any advantage taken
of mo. I want to know how much time!
I shall have to prepare my appeal to the
Court in banc*." j
Sooville: 'Tleosc keep quiet, we havg't
reached that yeu"
(iuitoau: (with much excitement) "I!
won't keep quiet, 1 in hero and I propose,,
to do mv own taiking." i!
.Fillip; Cox then informed Sovillo of
the rules of practice 'Applicable to the fil- j
ins of his exceptions, and after this mat- ,
tor had been arranged, Col. Corkhi!) re- !'
nowed his motion, saving: It is now my
duty to ask lor the sentence of the Court.
Judge Cox, to the prisoner: ".Stand1,
up. Have you anything to say why sen-1]
teuee shall not now he passed upon you ?" 1
(iuiteau, still sitting: ' "I ask" your'
Honor to postpone sentence as long as
possible.*' ,
Judge Cox: "Stand up. Ilavo you ,
anything to say why sentence should not i
now ho pronounced upon yon?" j,
The prisoner then aroso, palo, but with '
lips compressed and desperate determina- j
tion stamped upon his features, and in a
low and deliberate tone began, but soon
Ins manner bceamc wild and violent, and !
pounding upon the table he delivered !
himself of the following harangue : i(
"I am not guilty of the charge set forth |,
in the indictment; it was (iod's act, not
mine, and tiod will take care of it, and |
don't let the American peoplo forget it.
He will take care of it, and every ollieer!
of this government from the Executive
down to tiiHt of marshal, taking in every
man on that jury and every member of
this bench will nav for it, and the Ameri
can nation, will roll in blood if my body!
goes into the ground and I am hung.}
The Jews put the despised Galilean into
the grave. For a time they triumphed, i
but at tho destruction of Jerusalem, forty |
years afterwards, Almighty God not even i
with tlicm. I am not afraid of death. I
am here as God's man. Kill me to-morrow
if you want, I am God's man and I
have boon from tho start."
J in Ige Cox then proceeded to pass sen-!
tence, addressing the prisoner as follows: I
"Vou have been convicted of a crime so j
terrible in its circumstances, and so far
reaching, that it lias drawn upon you tho j
horror of the whole world and the ex-j
cerations of your countrymen. The excitement
produced by such an ofl'ence
made it no easy task to secure for you a
fair and impartial trial, but you have had
tho power of the United States treasury
and government in your service to protect
your person from violence and to procure
evidence from all parts of the country.
You have had as fair and impartial
a jury as ever assembled in a Court of!
justice. You have been defended by,
counsel with ze.il and devotion thai rner-!
its tho highest encomium, and I certainly j
have done my best to secure a iair pre-:
sentatiou ot your defence. Not with-!
standing all this you have been found {
It would have been a comfort to manyi
people if the verdict of the jury had es-i
tablished the fact that your act was that
of an irresponsible man. It would have
left the people the satisfying belief that
the crime of political assasmation was
something entirely foreign to the institutions
and civilization of our country. But
the result lias denied them that comfort.
The country will accept it as a fact that!
that crime can be committod, and the
Court will have to deal with it with the |
highest penalty known to the criminal
.code, to serve as an example tc others.
Your career has been so extraordinary
that the people might well at times have
doubted your sanity, but one cannot but
believe that when the crime was committed
you thoroughly understood the nature
of the crime and its consequences, (Guiteau
; "I was acting as God's man,") and
that you had moral sense and conscience
enough to recognize the moral equit3r of
such an act. (The prisoner: "That's
matter of opinion.") Yqur own testimony
shows that you recoiled with horror
from the idea. You say that you
prayed agamst it. l on say mac vou ;
thought it tnigh' be prevented. This!
shows that your conscience warned you
against it, but by a wretched sophistry of
your own mind you worked yourself up
against the protest of your own con-1
science. What motive could have induced
you to this must bo a matter of
conjecture, probably men will think that
some political fanaticism or morbid do-1
siro for self-exaltation was the real inspiration
for the act. Your own testimony
seems to controvert the theories of
your counsel. They have maintained,
and thought honestly. I believe, that you
were driven against your will by an insane
impulse to commit the act, but your
testimouy showed that you deliberately
resolved to do it, and that a delil>erat*e
and misguided will was the sole impulse.
This may seem insanity lo some persons,
but the law looks upon it as wilful crime.
You will have due opportunity of having
any errors I may have committed during
the course of the trial passed upon by
the Court in ban?, but meanwhile it is
necessary for me to pronounce the sentence
of the law, that you be taken hence j
to iho common jail of the district from)
whence you came, and there kept in.con- j
finement, and on Friday, the 30th day of j
June, 18S2, you be taken to the place of
execution, within the walls of the said i
jail, and there between the hours of 12 M. I
and 2 P. M. you be hanged by the neck j
until ycu are dead, and may the Lord
have mercy m your soul."
During the reading (Juiteau stood apparently
unmoved and with his gaze riveted
upon the Judge, but when the flnal
words were spoken he struck the table
violently and shouted, "And may the
Lord have mercy on your soul. Fd
rather stand where I do than where that
jury does and where your Honor does.
I'm not alraid to die. I stand here as
God's man. God Almighty will curse
every man who has had apart in procuring
this unrighteous verdict. Nothing
but good has come from Garfield's removal,
and that will be the verdict of pos
teritv. On 1113' inspiration I don't caro a
snap for thd verdict of this corrupt generation.
I would rather a thousand times
be in my position than that of those who
have hounded mo to death. I shall
have a glorious fight to glory, but that
miserable scoundrel, Corkhill, will have
a permanent job down below, where the
devil is preparing for him." After apparently
talking himself out the prisoner
turned to his brother And v ithout the
slightest trace of excitement conversed
for some minutes before being taken from
the Court-room.
Rules and Regulations for Conducting
tae Public Schools for Abbeville!
fountv for the Tear 1SS2.
1. The Public Schools for white and colored '
pupils rcsjHjctlvely. shall be located by the;
.School Trustees of the respective School Dis- ;
tricts us conveniently us possible, so that all
tie children entitled to the Public School
fund can punctually attend. The County
Board recommends that the Trustoes placc <
the Public Schools as Tar as practicable from
the boundary line of the County and School j
Districts, so as to prevent the transference of >
pupils of one County and School District to ! <
2. The pay of Teachers in Publi-c Schools !
shall be according to grade of Certificate. I;
First Grade, Twenty-Four Dollars; Second
Grade, Eighteen Dollars; Third Grade,
Twelve Dollars.
3. The Public Schools shall be continued as |
long as the Public Scliool fund will warrant, i
4. The Public Schools shall open on Mon
day, ltith January, IH&X
5. The minimum average number of pupils j
in actual attendance, that shall entitle a
Teacher to lull pay in the rural School Dis- j
trlctsshall be fifteen; for Incorporate towns'
and villages, twenty. In cases where the I
number fa'ls below the minimum the Trustoes
will nav u tier rjinitji. Khan* fifths nuv: I
The Trustees ai*l Teachers will remember j
that the Scholastic age of children is from six i
to sixteen. !.
6. Pupils transferred from one School I)ls-'
trict to another by the consent of the Trustees !
of both School Districts will bo paid fur by
the School Fund of the District to which they | (
belong, per capita according to the number of
pupils attending the School.
7. All Teachers shal! be required to enter
into contract, signed by tln-m, and all or a;
majority of the Trustees, before receiving pay :
from the Public School Fund.
8. The School Trustees of the respective 1
School Districts will hold a meeting of their > ]
Board several days before the opening of
their schools, at which time and place, they j |
shall designate their Schools and elect their
9. The School Trustees will promptly notify 1
tlic IVaehers of their respective School l;i>>- '
trictswhen the Schools arc to close, and re- 1
i.i.rl r I,/. >..1,11. I,, tlw. S.-liiwil I'lilllIlliuvllitllT I
K. N, Pit ATT,
Examining Hoard. |
Dee. 2*. 1^1, it
- i(
A small afi'air having assumed
the most immense proportions (
we add a few headlines t<> the Co- 1
lumbia articles, so that they may to- ,
Set her lake place with the AY w \
York Herald's famous story about the 1
animalsgetling lou^e in the Park.
The Approaching Storm,|
Words of Contempt "Which Were Not
Intended to Insult*
Specimen .Warrants of Arrest?A Sen-i
ator in Jail?A Proposition of.
and Couri'r.]
Columbia, January 31.?'The difterencesexisting
between Messrs. Fishbnrtie
and Sniythe originated in certain language
used in the Senate on last Friday in. a dehate
n?>on the bill givint* the Entaw
Phosphate Company the right to build a
tramway from their works across and
nlong a certain public road to connect
with the Sonth Carolina and Northeastern
Kail roads. This bill originated in the
<- > ? - ?l,o TTr.ncn !
r-M'Iliilf, >> <1.-5 jiu.^ma ?IUM ntuvi-nuv is .
The FIoUrp amended by striking out Hie,
words "niul along" and returned (lie liill
to the Senate for concurrence. Air.
Smythe moved that IFio Senate refuse t<j
concur in this amendment of the House,1
nnd upon this motion there was some debate.
Mr. Fishbiirneopposed tho motion
and made a speech against the policy of
giving to private corporations the riirlit to |
build railroads along the public highways, j
upon the groun that it was taking away j
the rights of tho people for the benefit of
corporations who wore able to buy the:
right of way for the construction of their
railroads or tram ways without other con-!
sideration than the convenience and profit I
of wealthy monopolies.
While Mr. Fishbnrnp was speaking Mr. j
Smyihe interrupted him and asked if he |
knew where the works of the Kutawj
Phosphate Company were situated. Mr. i
Fishburne said that he did not know the]
exact location, he believed they were;
somewhere 011 the Cooper River; but he j
opposed tho provisions of the bill upon j
the broad principle that it was wrong to!
vote away public rights for private train, 1
and that the General Assembly could not;
grant the authority asked lor in the bill j
without doing an injury to the people of
tho section through which tho road in
question passed.
Mr. Sniythe, in replying tothcremarks
of Mr. Fishburne, said: "Tho Senator
from Colleton has acknowledged, Mr.
President, that he does not know what he
f' nh/Mif *% Imrnn r*nn Mr '
burne rose from iiis scat and excitedly [
exclaimed, "I acknowledge no such thing, j
TJiat is false.
Senator Smythe, after a pause, said Hint'
In so far as the remark of tlio Senatori
From Colleton was an airront to the Sonate,
he left it in the hands of the Senate.
But in so far as it might beheld an affront
to himself, ho had only to say that nothing
could insult him that came l'rom the
Senator from Colleton. M r. Smythe then
went on to explain his motion.
Mr. Fisliburne then rose to his feet, and
after a few remarks upon the matter under
discussion, said: "With reference to
the personal remark of the Senator from
Charleston I have only this to say, that I ]
will just consider thi8 source."
The motion of Mr. Smythe was then'
passed, and a eonuniltee of conference!
was appointed to adjust the differences bo-;
Iwecn the two houses.
Mr. Fishburne consulted with several \
of his friends in the Senate, but nothing I
further transpired during the day in ret- j
erence to the difficulty between the two j
On Monday just as the Senate adjourn- !
ed and about two-thirds of the Senators |
had retired from the chamber, Senator i
Fishburne walked slowly across the room j
and stood up at the side of Senator j
Smythe's desk. After looking intently
at Senator Smythe for nearly a minute,
Mr* Fishburne said, in a very loud voice,
which could bo distinctly heard all over
the Chamber: "Senator Sinj-thc, I have
come here in the presence of tiiesc gentlemen
to demand that you retract the words
you used in the Senate the other day, in
which you said that the Senator from Colleton
did not know what he was talking
Senator Smythe thereupon rose, but
continued to look over his papers. Replying
hi a tone which could hardly be
heard, he said: "The words I used were
in reply to language used by yourself,
and I have nothing to withdraw."
Senator Fishburne advanced to within
two feet of Mr. Smythe,and said: "Senator
Smythe I demand from you, sir, an
answer. Do you not withdraw the remark
you made in the Senato on Friday
in which you said that the Senator from I
Colleton did not know what he was talking
Senator Smytho made tho same reply :
"My remark wa.s called forth by language
from you, and I have nothing to withdraw."
Senator Fishburne grew still more ex- j
cited, and placing himself directly in i
front of Senator Smytho he said : "That |
won't do, Senator Smythe. I demand aj
categorical answer. Do you withdraw j
what you said? '
Senator Smythe laid down his papers
and, pushing hack his broad-brimmed
DiacK nai, lie looiceu oenaior I'isnuiire 1111
tho face and repeated what he had already
said twieo.
Mr. Fishburne seemed to grow more
excited every moment, and as ho repeated
his demand again and again ho emphasized
his words by striking his right
list into the palm of his loft hand.
Senator Muller then walked over to Mr.
Fishburne, and taking him by his arm
said : "Senator Sinythe had no intention
of insulting you. Come with me and
don't have any ditliculty.
Senator Fishburne drew his arm angrily
?way, and replied: "Let Senator
Smythe speak for himself. Did you, sir,
intend to insult me by your remark?"
Senator Smythe said : "I have no hesitation
in saving that I had no intention
of insulting you. I would avoid insulting
anyone wilfully."
"Then, sir," said Senator Fishburne,
"doyou withdraw the language used by
you in the Senate on Friday?"
Senator Smythe said ; "I have already
said that I have nothing to withdraw, and
even if I was inclined to do so, 1 certainly
would not do so under a threat or in
compliance to your demand."
"Then, sir," said Senator Fishburne,
"do I understand you to say that you do
not withdraw your remarks? Let mo
understand you, sir! Do you refuse to j
tiMthrlruiir u-hnt tfAii 5r? rlwi Untioln mm I
Friday? I am determined to have a rat- j
egorical answer, sir, and I propose to use |
brute l'oree, sir, to compel you to give me
an answer. By your tricks of law you j
have prevonted me from pursuing the j
course usually adopted by gentlemen in j
such matters, and I am determined, sir, I
that you shall not pass through that door!
without giving me a direct answer, unless j
you pass over my dead body."
(senator Smvthe, taking up his papers, I
made a movement as if to start from his j
seat, and Senator Fishburue again said :
"Doyou withdraw what you said, sir? I >
am not armed but, I propose to use brute j
force to compel you to ?ive mean answer j
oneway or the other. If yon refuse to!
withdraw your words I will then know
what to do."
Senator Sraythc, who exhibited little or |
no excitement throughout tli? wliolo of
the very trying and disagreeable scene, |
placed the tips of his lingers in the side j
pockets of his pants and repeated, "that
whatever he might do under other cir- j
cumstances he did not propose to bo in-1
lluenced by threats."
Here the" matter rested until this morn- j
ing, when a warrant was issued for Sena- |
tor Fishburne by Trial Justice Marshall |
upon the following affidavit made by Col.\
award Alcurauy, Jr., 01 inarlcston.
State of South Carolina 1
County of Richland, j
Personally appeared before me, J. Q.
Marshall, Esq., a trial justice of the said
count}' and the said State, JOdward MeCradv,
Jr., who being duly sworn says,
that he has been informed and believes
that at Columbia, in the county and State
aforesaid, on the 30tii day of January, |
18S2, one R. C. Fishburne did feloniously j
threaten to take the life of A. T. Smythe,
and that this deponent is apprehensive
that the said R. C. Fishburne will do the !
said A. T. Smythe bodilj* harm if he is I
not made to give bond to keep the peace;!
wherefore this deponent asks that the said !
R. C. Fishburne may be made to give I
bond to keep the peace, and that he doth ;
not ask the peace of him for any malice, |
vexation or revenge, but for the cause!
aforesaid, and that Gen. James F. Izlar, J. \
K. Blackman anu John 1). Kennedy are
wmiesses 10 prove tue iacis auove siaieu.
Edward McCrady, Jit.
Sworn before me the 31:it day of January.
J. Q. Marshall, Trial Justice. !
This warrant was placed in tiie hands of
Sherilf Rowan lor execution. At hallpast
10 o'clock he went to the residence of
Mr. James 10. Turner in Pendleton street,
where Senator Fishlmrno boards, Mr. j
Fishburue was still in bed, but got up at
once, dressed and accompanied tho sherilf;
to the office of tho trial justice, passing
through the State-House, where ho stop- j
ped for seveial minutes to speak to lnsj
On reaching the magistrate's office Sen
utor Fishburue asked that tho warrant be!
read to him, which was done. Jlo then |
said that tho wrong man had been arrest- j
pd.that ho was not "II. Fishburue.'
The trial justice told him that he had been j
sufficiently identified as tho party intend-;
ed in the affidavit, and to this Mr. Fish-!
buruo desired tuat Ins exception should
be noted.
Gen. Jas. F. Izlar made tlie following!
affidavit upon which Trial Justice Marshall
issued a warrant lor the arrest of
Senator Smythe:
stath ok Socth ('aiiolixa, i
cuirxty Of i'k'll i.a.Nll, )
Personally appereii before mo, J. Q.
Marshall. Esq., a Trial Justice of tin? said
county and the said State, James F. Izlar,
who bem;* duly sworn says that he is inforired
and believes that at Columbia, in
the eouhtv and Statealbresasd, on tlir ."Otli i
Jay of January, liSSU, there was an altercation
between Robt. Fishburne and A.
T. Smythe, and there is likely to oecur a
breach uf the peace arising therefortn. if
the said parties are not required to keep
[lie peace; wherefore this deponent asks
that the said A. T. Smythe be required to
. ntcr into bond with sufficient sureties to
keep the peace, and that ho does not ask
the peace of him for any malice, vexation
or revenge but lbr tho cause aforesaid.
.Tas. F. Izlar. <s
Sworn to before me this31st day of January,
1S82. Q-. Marshall,
Trial Justice.
Proceeding to the State-llouso Sheriff
Rowan sent into tho Senate Chamber for
Mr. SinyHie, mid upon his appearance i
served tiio warrant in duo form. Accoin- j
panied by Mr. Smtyho ho mado his] return
to the magistrate who read the warhint
to Mr. Smythe, telling him that hej
would be released on a bond of $.1,000 to
keep tho peace. Mr. Smvthe then left
theoflice in charge of a constable to secure t
his bondsmen, and pending further pro- t
eeedings in the case Col. McCrady and
Gen. I/.lar appeared before the trial justice t
and formally withdrew their affidavits, 1
saying that tlioy had only been actuated <
by a desire to keep the peace, and that as s
tliev had been informed the difficulty |s
could be amicably adjusted without fur j r
ther intervention of the law they did not I'
feel warranted in pressing tho matter. | (
Senator Kishbu rue objected tothis mode! <
of procedure, and asked the trial justice i
to give a rutiiigupon thequestion : If af- |
tor having been charged with an attempt | i
to commit a crime the charge could be , t
withdrawn withon;a full investigation 01 j
the ollenco charged in the affidavit. lie!
said that lie had been draped from his;s
bed and paraded through tho streets of; ?j
the city in charge of the sherill' of the J i
comity like a common felon,and he want-11
ed to know if, alter having been suhjeetcd ! (
t<? such indignity, the charges against him | <
could he lightly dismissed upon the more; I
request of tho party making the allidavit. 1
upon which the warrant for his arrest had j I
been based. I<
The trial justico ruled that as theji
charges had I teen withdrawn, there was'*
110 case before him upon which to net, and ' 1
I10 therefore dismissed the prisoners from 11
further custody. 1
About 4o'clock this afternoon Senator|
Fishburne went to Wright's Hotel and '
sent his card u,? to Trial Justice Marshall. ?
When Sir. Marshall came down Mr. Fish- 1
gtirne told him that I10 was not satisfied <
with the disposition of the case made by <
him in the morning, and that lie desired '
to be arrested and committed to jail in order
that he might have the privilege of j'
testing the right of Col. McC'rady to with-1'
draw the allidavit upon which lie (Fish- |
burne) had been arrested. 1 Ie also stated j j
that ho intended to do bodily harm to,!
Messrs. Sinythe, McC'rady and Izlar 1111-j
less he was put under diiress. Mr. Mar- j
shall told .Senator Fishburne that, if such {i
was his intention, it would be his duty as!
a peicc otlioer to require him to give a ||
bond to keep the peace or commit him to j
jail in default thereof. 11
Senator Fishburne accompanied Mr.
Miirsliull to the sheriffs ollice, and in thej
presence of Mr. JO. R. Arthur, clerk of!
the Court, Mr. Samuel \V. Rowan, sheriff!
of the county, anil Mr. L. T. Levin, Jr., J
deputy sheriff, reiterated the statements j
made to Mr. Marshall, and said again that;
if ho was not arrested and put in jail lie'
would do bodily harm to the gentlemen j
already named; .vhereupon Mr. L. T.|
Levin* at the request of Mr. Fishburne,
made affidavit to tho above stated facts, n
and thereupon a warrant was issued. An
examination was held and Mr. Fishburne
required to give bond to koep the peace
in tho sum of $2,01)0 or go "to jail. Mr. I
Fishburne declined to give the bond, "in i
order,'' as he stated, "to test the legality !
of the question"' whether Col. McCrady
had the right to withdraw the allidavit
upon which lie had been arrested without !
an investigation of tho charges contained
in it.
Mr. Fishburne was then turned over to
the sheriff and given until 8 o'clock tc secure
his bondsmen. Not having inadei
his bond at that hour he was committed
to jail.
The following is a copy of the letter
handed to Mr. Fishburne by Col. Farrow ,
in the Senate:
a rnorosition for an adjustment.
Columbia, S. C. Jsnuary 30, 1882 j
[ Hon. Robt. Fishburne, Dear SirRegretting
the unfortunate misunderstanding
that has arisen between Senator J
Smythe and yourself and feeling conli-1
dent that there is no good reason why it;
should not be satisfactorily and honorably
adjusted by a reference of the whole i
matter to disinterested parties, as a mu-j
tual friend of both I write to each of you
requesting each of you to name some
friend with whom I may confer with a i
view to a settlement of the matter. Very
respectfully, yours, Are.
T. Srono Far now.
A similar letter was handed to Mr.
Sinythe by Gen. Izlar at tlio request of
Col. Farrow.
Columbia, Febuary 1.?Mr. Fishburne
remained in confinement until about 5
o'clock this afternoon when he was released
upon entering into bond before
Trial Justice Marshall in the sum of $2.000
to "well and truly keep the peace ol
the State and be of good behavior towards
all the citizens thereof, and especially
towards A. T. .Sinvthe." The sureties
upon the bond arc Dr. If. E. P.issell,
of Colleton, and Major John Jenkins.
Dr. Dissell justilicd in the amount named
in the bond.
The News and Courier.?1SS2.
The Xrnvs and Courier, In the Ncxv Year,
will have no other object than to help tlic people
of South Carolina to manage their own affairs
in their own way. To this en<! it will encourage
the expression of intelligent opinion
on subjects of general interest, and strive to
be the means of laying before the whole Stale
the views ol those who have something sensible
to say, and know how to say it. The Sews
uud Courier will not be a passive spectator oi l
events. It will utter its opinions frankly and |
freely, bat, holding that what is wise and true
h;is nothing to fear from analysis and discus- j
ston, it will never seek to strengthen its own I
position by suppressing the opinions of those!
who honestly uilt'er from it.
vi>? Van.. ?u/f rviKitVr with ohp nxpention. I
Is tlie only newsprper in the South Atlantic
Slates which receives > lie whole of the .Southern
dispathes of the New York Associated |
Press, and tills service will be supplemented
l>y special dispatches from every part of the I
State and the United suites.
Recognizing the importance of giving the
people the earliest and most accurate Inlelli- r
gcnce In State ntid National atlalrs, Tlie yeus j
and Courier will assign one of the most trusted ]
and most capable members of its stall to permanent
duty at Columbia, and has stationed
at Washington the gentlemen who earned
golden opinions while on duty at the Stale,
Capital. This will be a year of ferment and j
possibly of change iu South Carolina, and i
what the people require is to have all the I
news, without tear or favor, and no matter |
whom It helps or hurts. The Resident Cor-j
respondent of the yews and Courier at Colum- j
bin will give our readers information concerning
men ami things which can he obtained in '
nu other newspaper. In like manner, the)
Resident Correspondent of the A'cwa ft ml;
Courier at Washington, ha\ ing 110 oilier news- j
paper to serve and being nobody's henchman, |
will beiu position to report impartially'the j
progress of events and the acts of public men. 1
The great ell'ort of the ycus and Courier will |
be to get the most news, and to got it lirst and
in the best shape. I he purpose is to make It j
a newspaper that no businessman, 110 planter
or farmer, 110 person interested in public af-1
lairs can afford to do witnout.
The Sunday yews will retain its social and
literary character, I11 connection with all the!
news of the day, and the discussion of home
subjects of local import and application will be ;
continued. Hereafter none of ihe news pub-1
lislied in tlic {Sunday yews will be published '
in t he yews and Courier.
a he 'J'ri- Weekly edition of the yews and
Courier will be Issued as before, giving the!
reader the news contained in the A'cwx and!
Courier, with slight exceptions, at one-halfi
in*: j 'i h it.
The Weekly Xcus will bo greatly improved.!
1 he Clie.is column anil the Agricultural department
will be continued. 1'uzzles and
Problems for young and old will be ji permanent
tea Ml e, beginning with llie Mew Year
and in ? few weeks we eliali begin ill*! publication
of "Ten Terrible Tales" by an English
author of established reputation. Arrange*
incuts have been made likewise for n Serial
Stoiy by a South Carolina author whose works
have attained great popularity in Northern
Theie Is not anywhere in the South a belter
advertising medium than the Kewa and 0>uritr,
and in South Carolina it has ihc advertising
lii-ld, outside of the entluential weekly ;
| press in the country, virtually to itself, ltj
goes into every part of South Carolina and of J
the United States, and has reached a com- j
manding position w ith the reading public.
The terms of the aViuv a nil Qjitritr aic as \
One year S10 00 |
Six months 500 :
Three mouths a 00
One year 2 00
Six months 1 00 j
One year 5 <0
Six inuiitlis - 50
Tlirco iimiitlis 1 50
One year 2 iW
Six months 1 00 j
AHItEVII.I.K ('. II., S.
Cotton?to lo-^stains 8 to 10
ISncon, Hams lb. lti;';j i
Paeon, Sides II). 12
Bacon, Shoulders ll>. 10 !
Lard lb. ! *? !
Corn I'll. 1 00
Pens hii. 1 (K)
oats I m. 1 00
Flour ewt. 500 5 ".it
Fodder cwt. I?1 1 Oil j
Sweet Potatoes bu. 00 75
Irish Potatoes bn. J 50
Ulee ...lb. 10 |
Butter lb. 20
K}?KS doz. '2J<!
Turkeys |ir. 150*
(Jeoe pr. 75
Chickens each 15 25 <
Beeswax lb. 15 20
Beef. lb. S
Pork lb. R 10
Tallow lb. G 7
Hale Ko|><\ Manilla lb. 1%
Candles, Sperm It). 25 30
Candles, Adamantine lb. 15 20
Cheese lb. 20
Cofl'ee, Klo lb. IS 25
t once, Java id. -j.> -in j .
Hay cut. 1 00 j
littles. Dry lb. 10 12 J
Hides, Green lb. 5 t> ,
Molasses, Cuba gal. 40 45 j!
Molasses, New Orleans gal. 50 75 | J
Nails ib. 5
Oil, Kerof-one gal. 20 !'
Oil, Machinery gal. 75
shot l ag 2 fri ;
salt saeic 1 :!5 ;'
Soup lb. 5 in ;
sugar, ('rushed lb. 12 j
agar, Powdered lb. 12'w .
Suiiar, C White lb. II 12V. *
Sugar, lirowu lb. !i 111 " J
starch Ib. I! K '
Sea. iSrecn lb. 75 1 i n i
Tea, l'.laok lb. do 75 i
Tohaeeo, ri'fwing Ib. -10 75 Ji
Polmreo, s'lioking Ib. (i5 75 <
T nejar, ei>ler gal. -10 HO !
Vio Points lb. 10 1
- ? ?*2>? ?
Evkkytiiino will bo closed out at I
cost to make room Air the laige spring
stock I expect to get in. Thanking ,
the public very kindly for the large
patronage they have extended to me. t
I expect to increase it l?y strict honor- c
able dealing and giving genuine bar-j
The Combat Thickens.
Declare! infos 1 tint Will not Down at|
Anybody's Bidding, though the Orator
May be Crushed to the Earth.
Columbia, Thursday Febuarv 2>
At 1 o'clock Mr. Fisbburne called for
lie special order for that hour. This was
lie following:
Bill to exempt and relieve, the Connies
of Charleston, Colleton, Beaufort and
Hampton from tlie operations of an Act
ntitled "An Act to provide a general!
itock law and regulate operations of the
nine," and to require tiio County Commissioners
of said Counties to build a!
eneo on the boundary line separating1
)riingeburg and lSarnwcll from said!
Joiinlies between the Janice and Savan-j
lab lli vers.
Mr. FishIjiimo obtained the floor and
...i.-iw.-t vik.ocIi in sunnort of
ho bill, lio spoke substantially as I'olows:
I rise to speak in support of this bill'
ind ask the indulgence of tho Senate for'
i lew moments while I state brictly why!
t should pass. In advocating this mens-j
ire I do with the purest motives which;
wer actuated any man in the advocacy j
>f any measure that he felt bound by the,
ugliest duty to defend. The general stock
aw which has boon passed is a hardship j
.o the lower Counties. It is simply ruin,!
ternal ruin, to my constituents who sent i
ine here to defend their interests. 1 dis-j
Jlaim any bitterness of feeling in this!
natter, and in my intense earnestness
,o achieve my purpose I may err. I re-i
uogtiize the fact, 111 all its solemnity, that!
when I held up 1113' right arm and took a1
solemn oath to discharge my duty as a
Senator I would be called upon to face
many stern necessities, many unpleasant
lulies. Hut I will not in the hour of
ilanger dosert my people ami I will not
shrink any duty which devolves upon
me as a Senator or .as a citizen of South
Carolina. I came liore to uphold by my
voice and my vote the rights of my people,
and I will do it. I will use all tho
[Hirsuasive powers I possess to induce tho
Senate to pass this bill. A great many
men say that, because we have voted to
pass this general stock law, we would be
inconsistent to pass a bill such as the one
we are now considering; that we cannot
lco back on that Act and re-open tho question.
JJut I would ask them, is ii, right
to stick to a mistake? If a gross .vrong
has been done, is it not better to undo it
.lion, on the ploa of consistency, to stick
to it ? This is the llimsiest of all arguments
which arc urged against tho bill.
It has 110' weight wha.ever, and ought not
to receivo any consideration whatever.
What I claim and insist upou is that this
?...... nii.i11 ],? ronnnnnd so lur as it bears
Ui(UlCl OIKUI OV upon
the Counties named in this l?ill, I
cluiir. that it is neither wisdom nor policy
to force "upon these Counties what they
do not desire and what they ask to be relieved
from. They plead for justice, for
rightand for fairness* The intere ts of
South Carolina are varied ; they are divcsifieil.
What is good tor one part of
the State is bud for another. What will
be hailed with approval in Greenville
will meet with condemnation in Beaufort.
What will benefit upper Counties of the
State will curse the lower Counties. But
this fence law, disregarding this prime
fact bears upon all alike. '* is good for
some, but bad very bad, fou )thers, especially
for those enumerated in the bill.
Now these Counties, realizing that to
force them to come under this law will
be to hurl then) into hopeless ruin, have
modestly come before the General Assembly
and asked to be exempted from the
provisions of the general stock law.
They say their interests demand that the
law shall not apply to them. Is not this
a reasonable and just request? Is there
anything in this to excitesuch violentopposition
here ? In these counties it is a
matter of bread. The people cannot live
under such a law. We 01113' this in
tho name of men who have done their
duty to the .State and to the Democratic
finrtv. These are the oldest Counties i j
tlic ytate and possess men of intelligence
and truth. These men have always dune
their whole duty whether in peace or in
war. The bones of their ancestors lie
bleached in all parts of the world where
they have gone at the bidding of the
SL:ite. The Legislature should recognize
the just claim of these men and heed thoir
reasonable wishes, for they make only
requests of the most reasonable character.
It is not, I say. wise to force these
men to live under a law which is a great
hardship and bears heavily upon them.
It is not a political necessity. Why, then
force them to give up rights which they
liavo enjoyed from time immemorial?
We claim by inheritcnce that this law
should not be imposed upon us so suddenly.
We simply ask our rights, and
betauso you have a majority in your
favor you refuse to grant them. Ilecause
a majority of the Counties of the State
desire this law, von say tho other Counties
must also have it, whether it is adapted
to their wants or not. I insist that
this law is not adapted to our wants. Are
we dogs that we should bo treated in this
wav ? I claim we are not. As I said be
fore, I will, if necessary, get upon my
knees and plead with you to give us this
right. When you force such obnoxious
measures upon our people you must expect
the worst consequences. No people
will submit to such tyrany. No people
will live under such grinding enactments,
You may well expect to incite a revolution
if you force such an oppressive law
upon our people. I warn you. Senators,
before 3*011 cast your vote you better consider
well what you arc doing. You now
have an opportunity to allow excitement,
to pour oil upon the troubled waters.
Will you do your duty?
Mr. Wylie said that*as a Senator, a law
yer and chairman of the Judiciary Committee
he felt it his dutv to move to strike
out Section 2 of the bill. Tliis section
provides for the levy and collection of a
tax upon the people in the counties
named. Article 2, Section is, of theStule
Constitution explicitly says that all measures
for raising revenue shall originate in
the House. Tho question is, does this
section propose to raise any revenue? If
it does it clearly is in violation of the
Constitution and we are bound to vote
against it.
Mr. Fishbnrno said in reply that tho
section did not propose the raising of any
revenue. It simply, said that a tax of
blanks mills should be levied for the purpose
named, but did not specify the
amount. This, then, was not a measure
to raise revenue. The House would have
to lill out these blanks and that would he
virtually originating the measure in the
Mr. Harllee made ajstrong speech
against the passage of the bill.
Mr. I'ishbnrne again spoke at some
length, insisting that the bill should pass.
Ho said that only 0110 member of the
House was in favor of thestock law; that
fifteen out of the seven teen members from
Charleston were opposed to it; tnat tne
whole of lieanl'ort county was willing to
be taxed to be relieved from this onerous
law; that Hampton and Colleton were in
tlie same condition ami would cheerfully
pay the necessary tax. There are twenty-seven
legislators from these three
counties in favor of allowing us what we
ask for, and there are only live opposed to
it. Is this not strong proof that our people
want what is asked for? These three
counties contain enough cattle to iced the
entire State for years to come. They possess
more live stock than all the other
counties in South Carolina contain. We
only ask the right to be taxed to build
this fence. Our rights aaj in the balance.
Do not compel us to rush all at once upon
tho market with our catlled and sacrifice
them. We ask this and demand it. We
only desire time. Don't force upon
us ibis extreme measure.
On motion of Mr. Smythc, who followed
up his motion with a brief speech,
Charleston was excepted from tho bill.
Mr. Dradley then moved that the enacting
clause of the bill ho stricken out.
\f ? l.'iuli luienrt in <Ir>m*inrlincr tlin vpjis
and nays, said, with groat veheuieneo:
"J ask you to he very particular about
what you are going to do. Consider well
before you vote to strike out the enacting
clause. Thero are grave consequence.-*
dependent upon your vote. IT this Kenate,
which is considered a dignified,
grave, deliberate body, so far forgets its
duly as to tako this step, I warn you the
result will be disastrous. Don't do it,
gentlemen. Give us a chance to live here
in our native State.
J1 ere the debate ended, and the Clerk
proceeded to call ihe roll. The following
voted in the alliriuative on the motion of
Mr. Bradley to strike out tho enacting
clause of the the bill: Messrs Bradley,
Cray ton, Gail lard, llarlleo, Islar, Lartigtie.
Me.Call and T. J. Moore. In tho
negative : Messrs. Bcatty, Brown, Byrd,
Callison, C'oker, Ferguson, Fishburne,
Henderson, Jeter, Kinslor, Maxwell,
McQeen, Miller J. W. Moore, Muller,
Perry, Sanklm, Soigling, Smythe, WalKer,
Williams and Wylie.
The further consideration of tho bill
was deferred until to-morrow, at 1 o'clock,
when it will come up as unlinishcd business.
A Jlengrc Account.
Fkiday, Fobuary 3, 1882.
The Senate met at 12 M., President.
Kennedy in the chair.
A concurrent resolution that the Oenord
Assembly adjourn .sine die on Thursday,
Febuary tub, was received from the
House and concurred in by tho Senate.
Tho second special order was called up.
Fhis was the bill to relieve the counties of
'olleton; Beaufort and I lampton from the
iperalions of the general .stock law.
i.*: .I.I .. i.:..
-Ml. r iZMiuii I JJ'.7 tviu.uui iii.> ni'Mi ?yj
>ass the bill ami spoke at soineJlen;;tli
nitt with marked earnestness against the
notion of Mr. Wylie. In spcuktiig on
lie merits of the measure, Mr. Fishburne ]
epeateil the aru;umenls employed hy him
i esierday, which were fully reported in
he Jt'cyistei'.
While Mr. Fishburne was speaking tho
nembers of the House of lJepresenlaives
entered the Senate Chamber for the
wrpose of ratifying Acts.
When the ratilieation of Acts was concluded,
Mr. Fishburne resumed his re-,
narkson the bill before the Senate.
Mr. T. J..Moore moved to lay the whole
nailer on the table. The motion was
carried by an overwhelming majority.
The Senate then took a recess until 7.30
;>.M. J
A Big Day iu Columbia.;
Thb Former Defiantly Dispute the
Word of the Latter The Latter
(iivc.s the Lio ? And in Tnra is i
Graphic Description of the Manner In
which a Recalcitrant Senator is
Pushed Over a Desk in the Senate
fifpccial to the yews and Courier,
Columni?v, Febuary 3.?Tho most disgraceful
seeno ever witnessed in the
Senate Chamber of South Carolina oc-j
cured to-day, during a debate on tho bill I
to exempt tho Counties of Charleston,
Colleton, Beaufort and Hampton from!
tho operations of the general Stock law* I
Mr. Wylie moved to strike out the J
second Section of the bill, which provides:
r.n-flin Ini'v nf ? unr>iMnl (iit tn Itllilfl tllfl
boundary fence, on the ground that it was!
unconstitutional for such a bill to origi-j
nato in tho Senate. '
Mr. Fishburne opposed tho motion and
spoke for an hour and a half in a rambling,
and incoherent manner, lmrging into his
remarks all sorts of irrelevant and totallvj
extraneous matter. Ho was consequent-;
ly told by President Kennedy that hoi
was out of order in not speaking to thoj
question before the Senate.
Mr. Fish burn" was at last required to;
take his seat, and a motion which had been (
made by Senator T. J. Moore to lay the i
whole matter on tho table was adopted by [
! a largo voto. The Senate then took a re- j
cess unill half-past 7 o'clock this evening.!
j A majority of the Senators at oneo left!
[ tho Chamber, but quite a number of per-i
I sons stood around in expectant groups,!
i Mr. Fishburne, after the adjournment,
1 left his seat and, walking around into the
I open area in front of the members' seats,
j took his stand directly in front of Senator
| McCall's desk. He remained perfectly
still, with his eyes fixed on the floor be-j
j fore him stroking his chin whiskers with
I his left hand. As soon as bo had taken
olf his orticial robes, (Jen. Kennedy took
I up his overcoat and, putting on his hat,
; went down tho steps on the right of tho
I President's stand. In order to reach tho
j door of the Senate Chamber ho had to
I pass directiv 111 front of Mr. Fishburne.
j When he reached that point, Mr. Fish1
hurne said: "Governor, your rulings
j have been very unjust to me. You have
! treated mo in an unfair and unjust way
J between man and man." Gen. Kennedy
j (looking Fishburne full in tho face) said :
j "No, Bob, I have done no such thing. I
i have been just as fair to you as f could be."
' Without another word Fishburne said i
] '*If you say that you lie." Gen. Kennedy
; at once struck Fish burn 0 just under the
| left eye, and clutcliig him by the throat
! forced him back through the little aisln
| separating Senators Byrd and McCall's
| desks, antPoverturning Byrd's desk and
! bringing up against the .second row of
I desks.
: In which the llcgister Inadvertantly
Speaks of "an Angry Altercation
Between General Kennedy and Mr.
Drmonslrntive Evidence of the "(Jovcmor'i."
" Excessive Indulgence "
to 4,Bob."
I "I Am not the President of the Senate
; Strike Me."
Partial List of the Heroes.
fi'Qistrr, Feb. 4.
j During the discussion in the Senate
! yesterday of a bill to exempt certain
! fiinntins fwim the nnersitions fit'the iren
era I stock law, Senator Fishhurne, who
had advocated the bill with groat, zeal,
became very cxcitcd when a motion was
made to lay the whole matter on the table.
He rose on several questions of
privilega and made repeated points of order,
which the presiding oflieer, General
J Kennedy, politely but firmly overruled,
i Mr. Fishburne, not satisfied with the
rulings of the Chair, impugned the fairness
and legality of his decisions, and esI
saved to substantiate his position bv an
i earnest speech, in which ho employed
! some very strong words derogatory of'the
President. General Kennedy for some
; time permitted this violation of the rules,
, to show the Senator that ho would not
deal unfairly or arbitrarily toward him.
I lie, however, gently rebuked him and
asked him to desist. Mr. Fishburne,
j however, disregarded hw admonitions
I and continued to speak. Ho was repeatI
edly called to order, and was finally comi
mnwled to take his seat.
j Shortly alter the Senate took a recess,
j and the members were leaving the chain|
ber, their egress was arrested by an an|
gry altercation between General Kennedy
and Mr. Fishburne, near the latter's
| di-sk. General Kennedy, upon coming
idown from the stand, was confronted by
Mr. Fishburne, who charged him with
! unfairness in his decisions. General
| Kennedy denied tho accusation, declaring
j that invariably he treated all Senators
! alike, and so far as Senator Fishburne
I was concerned, had shown excessive m|
diligence. Mr. Fishburne, very angrily,
said. "You area da-mod liar." Almost
[simultaneously with the utterance of
I tlies^ words "General Kennedy struck
I him with his list in the face. The two
) then clinched in physical combat, and
I there was a scone of the wildest confivsir.n.
The Serjeant-at-Arms hastened to
j the spot, followed by a dozen or more
'Senators. The reading clerk, Col. A. 1).
jGoodwvn, threw himself between the
combatants, and said, "Iain not the
j President of the Senate; strike me."
The belligerents had by this tirno been
separated. General Kennedy, in company
with Senator Jeter and Colonel
(loodwyn, quietly withdrew from the
Senate Chamber. *A few moments later,
Mr. Fishburne followed, overtaking
them at the gate, when he prepared to renew
the assault. As before, however,
he was frustrated by the opportune inj
tcrposition of Messrs. Jeter, Goodwyn,
and others. Mr. Fishburne, not being
| able to reach his adversary, heaped upon
him the most abusive epithets. The
| noise attracted crowds in Main street,
ami excitement ran liign.
Colonel John C. Haskell, fearing that
bloodshed might follow if decisive measi
ures were not taken to prevent another
i hostile meeting, repaired to Trial Justice
i Marshall's otlice and made an affidavit
! that a breach of the peace had been com:
milted by Air. Fishburne. A warrant for
] his arrest) was immediately issued and
shortly thereafter was served upon Mr.
Fishburne, who .submitted to arrest very
As soon as it was announced in the
streets that Senator Fishburne had been
I arrested and would have a hearing before
Trial Justice Marshall, eager crowds
(thronged the pavement in front of the
1 office. The crowd was largely augment!
oil when Sheriff Itowan entered the court
j room with the prisoner. A constable
was deputed to arrest as material witnesses
the following persons who were present
when the conflicts occurred : Messrs.
Jeter, Goodwyn, Clayton, and Patterson,
After a half hour's delay, Constable Altec
entered the court room with these
gentlemen. Trial Justice Marshall read
tho affidavit of Colonel John C. Haskell,
and tufted the prisoner if ho was ready to
| proceed with tho case. Mr. Fishburne
j said ho desired the presence ol General
; Kennedy, tho principal party connected
{ with the'esise. Another short delay en'sucd
and General Kennedy made hisapj
pearanee. The defendant was asked by
[some of his friends if he desired a lawyer
; to conduct his defense, and lie replied that
jho would manage the case himself. The
! Trial Justice then read theallidavit again,
I and the case was formally opened. Col.
I John C. Haskell acted as prosecutor, ami
| requested Col. A. 1). Goodwyn to lake the
! Colonel Goodwyn was sworn and lesti;
lied as follows:
j "Immediately upen the adjournment of
| the Senate this afternoon, before the meini
bers had retired from the chamber, Cap!
tain Fishburne accosted General Kenne|
dy and accused him of being unjust in
j h'i.s rulings toward him. General Kennedy
replied that he had not. Thereupon
Kishhurne called him a damned liar, and
I Kennedy struck him. They closed, and
panics sujJiinuuu uirin. vji'iii-iui i\tiuitj
dy then walked out with Governor Jeter
land myself. When we got as far as the
j .State House gate wo wore overtaken by
Fishbnrne, who cursod Kennedy very fuj
riously. Kennedy was taken oft'by his
friends and not permitted to resent it.
! Later, when wo were in Stork's restaurinnt,
ho was again overtaken by Fish'
burne, who asked him if ho was armed.
Kennedy replied that he was not, and;
Fislilnirno iiiinioiihiti'lv nitt hed in with
his slick. The two olo.- ed and wore sop-1
Mr. (Joodwyn was then eross-cxamin-;
ed by Mr. I'Mshburne, as fellows :
Q. Did not both you and Kennedy,
strike me in front of Stork's?
A. i did not strike yon. '
(j. Do you state positively that I struck
Kennedy ?
A. Yes.
You acknowledge that Konnoily
struek ino ami you pmdied mo down?'
A. Yes; I do.
Colonel Thomas Ii. Jeter was next
sworn, ami said:
'The Senate had adjournnd and half of.
the Senators hail loft the eliainher. (Jen-'
eral Kennedy eamo down from tlie pre-,
billing uiliccr'a scat, and Mr. Fisbbunic'
V * . - ? Tivas
standing in front of his seat, and
frofn his position I thought he intended to
sny something. When Kennedy came
down some conversation, whicn I "did not
hear, passed between them, then a blow
was struck, and I ran there to stop the '
difficulty. They were separated, and I
mine out with Kennedy and Goodwyn.
Kishburno followed and overtook us at
the gate and indulged in the most violent
language toward Kennedy. When we j.
got opposite to Stork's r heard some one
say. Look out! or somesuch word, and 11'
saw Fishhume within fifteen feet of us. I
lie asked Kennedy if he was armed, and i
ho said he was not. Then Fishburno
struck over the shoulder of Goodwyn at
Kennedy. I am not sure whether ho hit .
him. I\cnnedy then made at him and
thov met. I think the blow went over j -
Goodwyn, who was between tliein. Fish* (
burne was borno to the ground, exactly i
how and by whom I do not know." 1
Mr. Jeter cross examined by Mr. Fish- J
Q. In the difficulty in the Senate, which
you have described, who sruck tho first
A. Kennedy struck first.
Q. In tho difficulty before Stork,s who
struck the first blow ?
A. You struck, but I am not prepared
to say who struck lirst.
Col. B. F. Cray ton sworn : After tho
Senate adjourned a majority of the Senate j
had left and I heard a disturbance and I'
looked around and saw in front of Fish-!
burno's seat Fishburne born buck to-j
ward the desk by Kennedy and Goodwyn.
No licks were struck after I turned
round. They were separated, and I passed
outof State House in the rear of Kennedy.
Jeter and Goodwyn. Just at tho
gate they were overtaken by Fishbnrne. i
Jeter, Patterson, myself and others remonstrated
with Kennedy and urged him
not to return Wo paswed on, and when
near Stork's Fishburne passed mj'self
and Patterson, overtaking Kennedy and
Goodwyn. He asked Kennedy it ho was
armed and the answer was, "I am not."
Ho instantly raised his stick, striking
over tho shoulder of Goodwvn, who
threw up his arm and broke the force of
the blow. They closed in, and my impression
is Goodwyn pushed Fishburne to
i tho pavement. When they were separated
we urged General Kennedy to pass
on along the street.
Cross examined bv Mr. Fishburne :
Q. In front of Stork's restaurant arc
! you sure that I struck Kennedy ?
A. Iam not sure you hit him, but I
am certain yon struck at him.
Q. You are satisfied, then, that I
struck Goodwyn ?
A. Yes.
Q. Was I not pushed down by them in
front of Stork's saloon ?
A. Yes ; I believe you were.
At tliiu i 11 netnrr> Onnoral Konnedv who'
; had been an attentive listener, rose audi
jsaid lie d? sired to be informed by the!
Court for what purpose he had been arrested
and brought there. / j
It was stated by the Court in reply to!
that question that ho had been brought at'
i the instance of the defendant, who wished
him to bo present.
Col. Haskell remarked that General
Kennedy was not a material witness and
need not be detained. Thereupon that
gentleman retired from the room.
It was then announced by the prosecu|
tion that the State would offer no further
i testimony.
Mr. Fishburno then rose, and with
marked earnestness, spoke as follows :
I will simply state in my behalf as a
prisoner in your honorable Court that,
according to all the evidence adduced by
the State's witness, according to all the
facts brought out, the probability is that
I have not committed any breach of the
peace. Take Jeter's testimony, when he
says that he saw me borne down by KenJnedy
and Goodwyn in the Senate Chamber.
Take the statement of all the other
j witnesses and they agree with hi in. Take
I everything which has been uttered here
j against me in this case,-and it all goes to
; prove that I was struck. There is no
j particle of evidence before your honorjable
Court that I have committed any
I breach of the peace. I have only been
j allowed the poor privilege of cross-ex jamming
the State's ?vitnesses. Take
every statement they have made, and in
all conscience, how can it be shown that
I have done any wrong ? In the name of
(justice, how can you on this evidence
commit me to jail to-night ? The State's
witnesses have proved that I was pushed
] down by Kennedy and Goodwyn, but
j there is 110 evidence to show that I was
I the aggressor. It is true I may have used
! harsh language. I admit that", but I deny
| thiit I have committed any breach of the
peace. No one has sworn that I made
the attack. It docs not appear from the
statements given hero that I evor committed
an assault upon Kennedy. It is
a hard matter for a citizen of South Carolina,
who feels that he has done no
wrong, to 'be dragged before your Court
on a frivilous charge like this. Now if
there is any evidence to show that I committed
an attack upon Kennedy, I am
willing to go to jail, and there I will remain
as long as (iod gives me life to resist
this tyrannical action.
The prisoner here concluded and sat
Mr. Jenkins, one of Ins bondsmen,
was asked by the Court if ho desired, as
had been intimated, to take his name
from the bond. Mr. Jenkins read over
all the testimony and then signified his
! purpose to withdraw from further resj
possibility as bondsman.
I The Trial Justice Takes a Position,
from which He must Recede.
Trial Justice Marshall then briefly announced
his decision to be that the defendant
had forfeited his bond of ?2,000, j
and it would be the Court's duty and only]
course to commit him to jail, as, having
| broken one bond, it would not be safe to
I trust him on another, however large.
The Court further stated that the only
remedy Mr. Fishburne would have
j would be to go bolorea judge on a writ of
j habeas corpus. Mr. Fishburne then expressed
a dssire to obtain the services of
a lawyer, and he was permitted, in the
custody of y her 111' Rowan, to go out for
this purpose.
Mr. Fishburne not having succeeded in
j last night, was taken to jail.
A New Fence Bond in the Sum of Two
Thousand Dollars Furnished by the
Offending: Senator's Brother and a
Personal Friend.
[ Xru.i and Osuricr.]
OoMTMRi.v, February 0.?Senator Fishbii
rno was released from jail to-day upon
entering into a bond to keep the peace,
| before Trial Justice Marshall, in the sum
j of $12,000. Major B. F. (irilliti, of this city
and Mr. F. ('. Fisliburne, the brother of
j the Senator, becoming his suretiesAfter
giving bond Mr. Fishburuo came
lo the State House and took his seat in
j the Senate Chamber about half-past 1
i o'clock. After remaining quietly lor
| some time at his desk he arose and said :
:"Mr. President, I rise to a question of
| privilege."
The President (Mr. Jeter in the ehairj
j during the absence of Lieu tenant-Gover-:
nor Kennedy:) "The Senator from Colj
leton will slate his question of privilege."
| Mr. Fisliburne: "Mr. President if I
have done anj'thing derogatory to the
| dignity of this honorable body I desire to
j make ample apology for the same."
Mr. Fisliburne then took his scat and
| remained in the Senate Chamber during
j the day. lie was in the Senate to-night
J attending faithfully to his duties. Tho
apology made by Mr. Fisliburne this i
1 afternoon being considered by soineofthc j
| members as rather ambiguous, Mr. Larti-j
j guosaid to-night: "I desire to state that i
! tlio apology tenueieu uy .ur. ri?uuunu:
j this morning was designed by him to bo
i lull and ample, and that I am authorized
to make this statement." And here the
! matter rests for the present. What further
I action will be taken is not known.
1 MERs is now no lonaer up-stnlrs.
We occupy half of Dr. K. PARKER'S store,
| where all of our best jrooils can be seen. On
I the corncr store at tlio Penily (.'orner, we
have it filled with COTTAGE REDSTEADS,
i fall and see us. We will sell you (roods at
cily prices and upon their merits. Just what:
they are.
J. D. Chalmers.
Feb. 1,1S82, If j
Aitr.Kvn.i.t: ('. II.. Jhh. 2T?,
0\\'IN(i li> llir inrvjiIfiH't1 of siililil ]?i>x ;i(
ilillVrcul points in tin* South, ami as a
prccaiiliuii its csi<!.-ni-r in tM>ccni..trtif
/.iriyi.n 11.1111 whiff* and rdlom!.
living Willi in I In- ine. up irate limit* of A Uhe.
villi*, is hcivhv earnestly re<iucsted and ad- '
vised to lie at once Vacillated. Notice is -:iven
that tlie purest Tacrine virus lias hecn ordered
Iliroiiirli I'r. l-'raser, ('resident of the,
State I'.o.ird of Health and i> dully expected.
It will u|""' arrival he disirihti'cd amongst
the |>liy-iria<is uf ihe town and arrangements .
made with ili' in ! > vaccinate evi rv snhject at
the smallest fee possihl'*.
I trust all uHlfta-l the Importance of heodInj;
this not he.
Intendant. i
Feb. l.ISSJ, tf i
4-? -'V
HAVE now in store a complete lino of
all kinds of GOODS. We call speiul
attention to our largo stock
?ancy and Domestic Dry Goods,
Flannels, Woolens,
Jeans, Gents Underwear,
BOOTS 111,
Nov. 1G, 1SS1, tf
I HAVE completed my arrangements
to furnish all kinds of LUMBER to
to the public at short notice. My establishment
is on the old Hughes place. I
1 mi/1
II5IVU li IIUW itliu spiuiilliu UUpiiic ?II*? ?I??proved
circular saw. The bust sawyer in
this section,
litis charge and is always at his post.
Nov. 10, 1881, tf
op THE
The white SEWING MACHINE, the
best In (lie World. It lias an oscillating
Self-threading shuttle, a Self-setting needle.
It Is adjustable in all its wearing pans and
I made from the l>est of material. Its bohln*
can l)e fiJIed without removing work or attachments.
It Is so simple In construction
and lljiht running that a child can use it. It
will do the greatest range of work. It has the
most complete set of useful attachments. It
is far in advance of any other sewing machine.
It has been thoroughly tested lor four
years in Abbeville county. It Is warranted
for five years.
Remember no machine is genuine or warranted
only those sold hy ournulhorizcd dealers.
And those pretending to sell our Machines,
Needles or Attachments outside ol
our Agents are frauds. .Mr. J. L. Simpson Is
our only authorized dealer for the O unties ol
Abbeville and l.aurens, and no Machines arc
I warranted except those sold by him or iho.-e
whom he may associate with him in the business.
THE ladles, and those persons who wish to
buy Sewing Machanes, are respectfully Invited
to call at Mr. Barnwell's, where they will
Ilnil (he only genuine, warranted and cheapest
Machines, samples of the the Machine'#
work, needles arid attachments. Oil 10 cents
per bottle.
All persons desiring to communicate with
me on the subject, will address me at Abbeville
x i
July 13, 1881. lv.
I; E. PARK Ell.
Jan. 4,1S8I, 2t
- and iimiisy,
nntl ovcrvHilne for the lndlpa. A large ixnd
complete stock can now be found at bottom
pi ices, at the
Oct. 19,18SI, tr
For the Price!
sopt. ai, issi, tr
Have a large and well selected
.stock of
?an<i the newest stylus ol?
Hats and Caps,
octo, 1^0, ir I
Have tn store and to arrive, a DB
Large and Varied Stock fl
of Egg
AND many other articles. all of which will |H|
he sold ax close for CASH, and upon as
GOOD TERMS as any house in Abbeville* BjBj
Give us a look and we will give you a bar* H
Sain. BH
ftB?We will ship your Cotton orbny It.-?? |9fl
I\7ILTj practice also In the Circuit Courts oi Hh
VV the United Suites for South Carolina* KM
Jail 7.188U.tr wM
?0? m
Abbeville, C. H? 8. C. I
Jtnr Office; Upstairs over the Post Office."C* * Bfl
J. Knox & Co. I
?AGENTS ton? ffl
THE best and purest CORN WHIS- 85
KEY brought to this market. IS
j Juno 22, 1881, tf
?. H. McBRIDE, ffl. D.
ILL clvc prompt attention to all prac?
tlce in town. Office at Drug Store.
August .1.1881, 12m ,
.Attorney at Law,
WILL prnctico in all the Courts of the
i Jan 21,1880.tf
The Best Engine iD the World!
W.R, WALTON, agent
! Geiser Grain Separator, .
; Saw Mills, and all kinds of
Rrf-r- to Dr. J. A. Olhori, B. C, Wall,and
AI l?-n Atamgno. of Abbc\ille.
May II, lfWl.fim
Barber Shop,
rpHE undersigned respectfully Informs the
1 j>ul?llc ti>nt he has recently removed his
Tonsorlal Emporium to the hall above Nor1
wood Brothers store, where he is prepared to
accommodate his customers, and the public
generally In hair cutting:, shampooing. shav?
In jr. dyeing, in the best style, and at reason*
1 aMe prices.
Terms per month for hair-cutting, sham
nnnl in? nnrl fchuvine? nnlv Sl fiO
j r ? Rcspectfufly, * " " Hfl
Richard Gantt. 9
'* kindsof jU
Try us and you will bay your goods chcap. JJ
Oct. 19,1881, lra H
" h. g scdddayt i
Attorney and Counselor at Law, jflj
OFFERS lit* professional services to the cifc* IB
izt'us of Abbeville. Partlo dfHirlne to m
' c nsu't with lilin, may do so at. each session n
! ?f i he ("our t lor the County, or by letter at An* MR
I .Inrann < IT IMI
Juno 15.1S-SI. tf
PROF. ANTON BERG will open his school H
of Music In Abbeville, October 1st. In- |pH
si ruction on the Piano, Organ and Violin as OCT
well tus Vocal Music. Solo and in clasp, thor- HR
onghly tauuht. Terms: Instmmental Music HM
twenty dollars persfsslon of five months. For HM
references and further information, apply to DM
E. B. Gary, Esq., attorney at law, Hfl
Sept. 21,1881, tf jMj
preserve i
Periodicals, Newspapers ani Mqsig I
State, County and Railroad Officers H
and business men generally, sap- H
plied with blank books made to H
any pattern. H
A LL families have OLD BOOKS PERIOD- gi
' -? nruo vtTTom ?
I A~V IUAU1, ?> c.v?rsr.-vr^rvo, muoii., _v.f ?n
which they desire to transmit to their poster* BH
Ity, should M
Which will preserve them and will mako HI
them look almost as well as new. DH
Old Books,4c., should not only be rebound, IB
hut the current literature of the present day
should be put in a durable form for preserva- H0|
tion as well. IB
This can be done in the shortest possible
time, with the best material, iu the most BH
handsome and durable style, and at a prico |H|
which cannot be duplicated anywhere, by
Stationer, Book Binder and Blank |h
Book Manufacturer, HB
No. 155 Main Street, H
unpin I
Fine or Hard Lumber H
AT SHORT notice and try to pleaso mj
customers in every bill we nil for MH
j tlicni. Mill situated one mile from As- j^B
I 1 r>i 1. ,|lA DfAiniooH T o
' UUIJ V, 11 111 V/4J | UVftl UIU x BI^H
Nor. 9, 1S-S4, 3m EmR
' I whole attention to my Shop. I shall pivo n
It fionh ATTENTION. If any person wish- ma
c? to have his HH
1 Jlrinir them In. I have all the tools and ma- MB
tcrlals todo it up in the best of style and at |H|
' tin- lowest rules possible. If you want yout? BBi
olork repaired hrinj; It In and it will be dono BMW
ri^lit. If you want your HH
IJring Iton. If you want your 191
i This Is I ho place to got It done In the best of ^RB
or?l' r. Yo:i c;m have any piece made new, or HH
i the old one repaired. If you want yourgun or BHj
pistol repaired this Is ilie nlaee to have it QH
done. All these articles will be repaired III HS
tlie best of onler at the Lowest 1'rlces.
(Jive me a Irial and satisfy yourselves? BM

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