Newspaper Page Text
COLUMBIA, S. C.
Thursday Morning-, July 15, 1875. A National Air.?It is probable thnt most peoplo nre aware of the import of tho centennial celebration nt Philadel? phia next year. It is intended to show to the world wbnt a great metropolis tlio City of Brothorly Love is, und bow de? pendent tbis glorious Union is upon that village for its well-being. This is the primo object, of course. Of second? ary consideration is the fact that it is hoped tho occasion will bring together our countrymen from both sides and both ends of the Mason and Dixon lino, and that th?ro will be such another mani? festation of good fellowship and good fooling as was witnessed from Bunker Hill the other day, only upon a grander scale. To signalize this latter phase of the commemoration oi the birth of the republic, it has been suggested that soino ono compose a suitablo memorial air. In fact, there is no tune of a national charac? ter which tho patridts of the North, the South, tho East and the West can hum, whi8tleor sing] in concert.withont invok? ing memories that should be allowed to rest undisturbed in tho tomb of the past. During tho late passage nt arms, the Federals inonoplizod all the whilom na? tional anthems, and tho Confederates were compelled to do their own musical composition. True, tho boys in gray were not long at a loss for soul-stirring airs that gave new life to "dust-brown columns" worn out with the fatigue of tho march, or set the hearts bounding when a battlo was impending. Conse? quently, "Tho Star-spangled Banner" will hardly cntwino itself very gratefully in "Tho Bonnio Bluo Flag," even though the centennial orchestra play the airs in a fraternizing medley. It is, therefore, apparent that tho committee on music should sep to it that wo have a "Marsel laiso," or a "Wacht am Bhein," or n "God Savo tho Queen," which we all can shout in chorus, as we fall upon one an? other's necks, while the spirits of our forefathers materialize sufficiently to give OS their benedivile. Yankee Doodle is played out. ?-???-. Emigration to San Domingo.?The chief of the Republic of San Domingo has issued a proclamation inviting immi? grants into his dominions, aud as an inducement thereto, holding out tho privilego of importing free of duty nil tools, machinery and provisions needed for three years. Tho invitation is ad? dressed chiefly to those who have accu? mulated some capital and shown some capacity for conducting industrial ope? rations on their own account. These, more than any others of the colored race, are useful where they are. Immigrants are warned that they will bo expected not to interfere with the existing political order of things. It will be much better for blacks in this country to remain where they are, under the influence and guidance of civilized men. It is also to the interest of the whites that they re? main, for their labor is needed in the South. -?-???-? They are not making assessments on the Government employees now. That is forbidden in the reformed civil ser? vice. Mr. Edmunds, Secretary of the National Republican Committee, simply "hopes" that the clerk "may be willing" to contribute so many dollars to "main? tain tho ascendancy of Republican prin? ciples," and of courso it' he should not be willing, he would hear no moro about it. Possibly not, but would Mr. Edmunds be willing to certify that at the end of the month therowould not be an unplea? sant envelope laid on the clerk's desk, tho contents of which would notify him that thenceforward the Government would have no use for him. On opening a bale of cotton at the mill of one of the largest Liverpool spinners, tho other day. much surprise was mani? fested at the discovery within it of a box of lucifer matches, bearing the following label: "Superior telegraphic matches, manufactured by Capples & Marston, St. Louis, every box warranted." The matches were of the ordinary kind, and on ono or two of them being tried they were found to ignite with the greatest readiness. Tho cotton caiuo to Liverpool from Mobilo, aud the most serious con soquenco might have resulted had the least amount of friction been applied to tho luciferu during tho voyage or oven after tho cotton had reached its destina? tion. Ln the United States Court, Charles? ton, July 13, Judge Bryan presiding, tho appointment of John K. Mectze as as? signee in bankruptcy was approved by tho Court; also, the appointment of Chas. H. Moise. The reports of tho Registrar in the oases of A. C. Sntton and J. R. Curtis, bankrupts, were ordered to stand as the decrees of the Court, and the as? signees were ordered to sell the property. It was ordered, that T. R. Tighe show cause, on the 22d inntant, why 'ho has failed to discharge his duties as receiver in the case of Bowy?rand Raysor. r ? Crrr Items?The thermometer touched 100 yesterday. Tho summer hcgira has begun, nnd there arc already numerous disconsolate grass widowers in the city. Urs. John Agncw will accept our thanks for a beautiful specimen of the flower, the night-blooming cereus. There was a false alarm of lire, "last night, about 11 o'clock, which gave the ilremen a run. Messrs. 11. Arndt A Co's grocery store is in full blast. The location is conve? nient?opposite Columbia Hotel. The Greenville and Columbia Railroad will issue round trip tickets to those desirous of visiting Columbia during the Hampton Legion re-unino?July 21. Elijah Dixon, a colored man, was se? verely bitten in the hnnd by his own dog, at the market, yesterday morning. Tho animal is beliovod to havo been mad. We arc liable at any time to bo dis? turbed by Prof. Tice's. July "Venusian perturbation." We aroto bo treated this month to cyclones, and in August to earthquakes. We advise owners of real estate in the city, who wish their roofs protected by a paint that will stick to tho tin until worn off by rain friction, to examine the work of A. J. Kelley A Co. on tho roof of the Mansion Houso nnd Puojnix office. When ono looks around and sees hun? dreds of dough-heads getting rich doing nothing, while he is working like a slavo for bis daily bread, wo tell you what, it makes a fellow feel as though tho butter of this world was spread by a stop-mo? ther. The Phoenix folks were excited, Tues? day night, by cries, in a woman's voice, of "Oh God! murder! murder!" in the neighborhood of Sidnoy Park, but on hurrying in tho direction of the sound, and making a search of tho shnded grounds, no discoveries wero made. Tho thieves are at work again. On Tuesday night, the dwelling of Mr. Gco. W. Smith was entered and tho keys to his store and warehouso carried off. Re? sult?job for Mr. Kraft to change the locks. Mr. Sol. Hendrix's pants were also carried off. Other pantaloon depre? dations are reported. The handsome punch bowl presented to the Richland Rifle Club by the Oglc thorpe's, of Augusta, was christened on Tuesday night?an impromptu affair. Thero were several very happy senti? ments, the Georgians being kindly re? membered. President Thompson, Vice Presidents Swnfflold and Cathcart, and Messrs. LeConte, Jones, Crawford and others having a "say" in the matter. Many active and passivo members were present, who enjoyed the affair hugely. We suggest that at the next meeting, the epcrgne be adorned by some of the lady friends of the club with a bouquet. Tux Si-eclvl Tekm Coukt or Common Pleas -Tin: Pakkei: Case.?Col. J. H. Rion's argument.? Tho Court met at 10 A. M. At the request of tho Attorney General, the arguments of counsel were not confined to two hours' duration. Col. Rion then said: May it ph ase your Honor and gentle? men of the jury, if you wen: to see a vast building lot in this city, upon which were collected vast piles of divers mate? rial, put there for the purpose of erect? ing a building, and you hud no plan for the edifice, the limbers were unmarked and the stone unnumbered, you would have an insuperable difficulty to over? come in determining the plan on which to build and the manner of disposing of these incongruous and undefined ele? ments. In the case before you, gentle? men, we have purposely brought out in? congruous testimony the timbers, so to speak, were unmarked and the stone un? numbered, so much so, that neither you nor some of tho witnesses could tell what kind of a structuro wo intended to erect. Now all we ask of yon is that, as we place stone upon stone and join the timbers together, you will hold them to? gether until the edifice is completed. This will not be a beautiful building, gentlemen, lean promiso you; we have been forced to get our material from re? luctant sources, but wo finally got a stone we much needed from tho hands of a young man, a mere lad, and, with it as a key-stone, we. will make the struc? ture so strong that the other side, with all its strength, cannot pull it down. After we havo finished this building, which, as I havo before warned you, will not be beautiful, with no plate glass front and no gorgeous observatory on its summit, although it will subserve all our purposes, wo shall ask you to givo it a name?we want you to christen it "Parker's Stumbling Block, 1875!" We are not going to erect a gallows or a block of decapitation, you must under? stand. Although tho defendant has boon arrested and has been confined in jail, this is, nevertheless, a civil action, after tho manner of our old bail writ for debt, and not a criminal proceeding, as tho arrest might indicate. In making up your verdict, thoreforc, you do not re quiro the fsamo strict, conclusive proof in this case as you would in a oriminal prosecution, whoro tke ,proof must bo convincing beyond a reasonable doubt; but you simply need a preponderance of nil the testimony thnt is offered. That is enough in a civil case liko this, a sim pie action for debt. But in this case we have alleged fraud also, and the onus of proof is upon us; but this proof need not necessarily bo positive and direct, but may bo inferred from circumstantial testimony pointing toward fraud. This rule of the law of evidence is tho result of tho wisdom and reason of centuries; it dates back to the Roman civil law. This rule has not grown up to aid fraud to escape and cover up its trucks, fur one of tho characteristics of fraud is to con? ceal itself, to hide its face behind a mask and to obliterato its foot-prints; there? fore, tho wisdom of the rule which says that the proof need not be positive, but may be circumstantial and indirect. You could not have failed to observe how re? luctantly our witnesses testified for our side. They were far readie r, when cross questioned by the other side, to give in their evidence. Look at the reluctance with which Kimpton's evidence was given; look at the complex condition of Parker's books -sec how obscure they are. Little could not explain then;; hi: said once that an entry of ?20 was for gold, and then that it was not. Even the expert Jones said that, while the books appeared to have been well kept, ho could not understand them. Even Mr. Cardozo, when he was Secretary of Statu, says that ho -kept no memorandum or record of the bonds that were sealed by him. South Carolina is not a large State, but even had he been Secretary of State of Rhode Island, ho certainly should havo kept a memorandum of the bonds that bore the seal of his office, and not have allowed the State; to be loaded with debt. But, notwithstanding all these drawbacks, we have sufficient evidence for our purpose. Wo have tho willing testimony of Mr. YanZant, Vice-presi? dent of the American Bank Note Com? pany, which has kept such a record of its work that even counterfeiting is stag? gered, and with his books, those dumb witnesses, which afford positive proof of fraud. Ladd's testimony, too, was posi? tive and point-blank, that Parker had $450,000 of coupons which Parker him? self said he had got from the Financial Agent in New York at their final settle? ment. But Mr. Ladd not only had Par? ker's assurance ef the fact, which in law, being' a confession against himself, is most conclusive, but he actually saw with his own eyes, and handled with his own hands, $100,000 of these coupons. Without going further, that testimony alono is positive and direct. But, gentlemen, slurs were attempted to be heaped upon tho witness, Ladd. Ho was asked relevant and irrelevant questions, proper and improper questions, all with a view toward breaking down his evidence. Among other things, he was questioned as to the many favors ho had received at Parker's hands, with the view of showing you his great ingratitude; "the ingratitude more sharp than serpents' tongues," as they considered his testimony. Now, if Ladd had been a willing witness for our side, I admit he would have shown ingrati? tude; but you all saw with what extreme reluctance ho answered our most direct questions, and once the astute Attorney General came near giving up in despair as to certain testimony which Ladd seemed averse to give, it was plain that it was painful to Ladd to have to testify against his whilom friend, but with all the difficulties and obstacles in his path, his regard for his oath and his respect for the mandate of the subpo.na of this Court, and disregarding the promptings of his heart, he has beautifully shown that he "dare do all that becomes a man," and ivaliz< d that "ho that dare d?> more is not." His armless trunk shows that he has done duty for his country, but 1 will venture to say, althon '\i 1 do not know his record, that all the physical courage he may have displayed on the livid of battle was not so great ;:s that moral courage he exhibited here upon that .stand. Col. 11 ion then w. ist on to say that Ladd's testimony was not un? supported; that it was confirmed by a letter signed by Niles C. Parker, which corroborated it in cverv particular: that this letter might have been laid aside or forgotten easily, but it was not, and was now in this Court House, a dumb wit? ness against the hand which wrote it; that Ladd was corroborated by the news? paper slip given him by Parker, with the names of the bonds to which the coupons he owned belonged marked oil' on it; then Hardy Solomon said that he hail seen $40,000 coupons in Parlo r's possession; Mr. Gulick said that he had a large amount of coupons; that these very coupons were funded by Y. J. P. Owens, the very man who should have tried to unearth this fraud; why did not Parker go to some broker or banker in? stead of coming to Owens, tho ('hair man of the Financial Committee of the Legislature:'' Parker also told Gulick that Owens had funded his coupons; the fact that Owens funded ?200,000, points Parker out as the source from which lie got them, and his having them funded I as agent, and on two different days, shows that there were two parties to the trans? action, and his funding exactly five per cent, of all the bonds on the last day shows that there had been division and silence at the same price old-time law? yers used to chargo for collections; then tho funding book put in evidence shows that Niles G. Parker funded no bonds or coupons, but Scott says that he received some of these funding bonds which wero given in exchange for tho coupons; Scott has forgotten their num? ber, but Mr. J. G. Thompson, who got ten of them from Parker through Gen. Anderson, remembers that 21) was the highest number, and that the>?' were regularly back from that number; the registry shows that Owens funded from No. 11 up to No. 23 or No. 21; this shows that thoy wero tho identical ones Owens had funded; Ladd said that Parker said that tho $150,000 of coupons wero to bo divided among certain parties? himself, Kimpton, Soott, Nenglo and Chamber? lain. This was a plausible tale, but it I was untrue; Parker knew that Ladd might not believe that Gov. Chamber? lain had been one of the party to this fraud, and he, therefore, qualified it by saying that he diu not know that he had received any of them. Gov. Scott had come upon the stand ami denied this part of what Parker had told Ladd; counsel was sorry that Dr. Ncngle had not done likewise. Now, after Kimpton had taken a receipt in full for all moneys and bonds bundled by him, and required of the State a certificate that the State was indebted to him for 11 large sum, it occurred to him that he ought not have returned certain coupons, and he, there? fore said to Mr. Cardozo that two certain boxes of coupons were his, and asked that they be retained. Now, these very coupons Parker had already taken from the office.' If Kimpton had been in Par? ker's secrect, he would not have asked for the same coupons Parker had already taken out; therefore he was not in this division. If these gentlemen had been in this fraud, do you suppose they would have allowed Parker to^ lie in jail, when they might continue on' his bond nnd set him free? Having, then, found that neitherScott, Chamberlain or Kimp? ton were in this division, you must con? clude that Neagle was not either, and that Parker gut the whole $100,01)0 of coupons. Dennis' testimony proved that the interest on the State- debt was, on Oc? tober '21. 1871, S.OUO an! odd dollars, while Parker's account, taken from his report, made it several thousand dollars; counsel showed that Parker made this exhibit of interest by charging the State with interest on many bonds long before they left the treasury; these coupons had matured before they were sold or hy? pothecated. When Kimpton sent the dead coupons to Parker, why did he di? rect his clerk not to cancel theuiV and why did he place them in his own pri? vate safe? Oh, he intended to take them from the treasury; not these dead ones exactly, but to take some valid uncan celed coupons and to replace them with these deatl ones; and it was these valid coupons in two boxes that Parker actually took, that Kimpton afterwards tried to get from Cardozo. How could these cou? pons have got out of the treasury if Par? ker had not takm them out? How came them in the possession of Parker individually instead of in the pos? session of ^Parker, tho financial king of South Carolina? Some coupons were out in hands of other parties; these were paid in gold in New York and sent to Parker, and Parker took them out with? out canceling them and put dead ones in their place. He then explained why Parker had made the interest on Octo? ber 31, 1871, $600,000, instead of $456, 000, which ho took from the Treasury, on the ground that ho had to make allowance for outstanding stocks, fire loan bonds, Ac; deduct these, and you have about ?450,000 h it, with a margin of $6,000 for stocks, and the balance for the tire loan bonds; but by Parker's own report, he could not charge interest on the fire loan bonds, and as he charged interest on bonds before they hfl the State, you see that the difference between $8,000and $t>00,000 is explained. Col. ltion then related an anecdote about a traveler and an ancient Arab, his guide, who fell asleep in an oasis. The tra? veler awoke and saw a camel pass thctu while the Arab slept. When the Arab awoke, he said to the traveler that a camel, blind in the left eye und lame in the right hind foot, had passed them. The traveler asked in surplsse, how tin Arab knew what had passed while he was asleep; he then explained by the herbage having been eaten on the right side of the tracks, accounting for the Mindless, and tho tender way the right hindermost track was made. This con? vinced tin-traveler t:,:.t the Arab knew just what had passed by the tracks alone, all hough asleep when they were made. Throughout the rest of his argu? ment, the testimony connecting Parker with this fraud he called tracks, und Parker the camel, although, he said, he did not do it in an ofieiiMvu sense. He then showed how these coupons which Parker abstracted wire manipulated, and explained why some stray coupons were in Kimpton s box. He said this was a mistake, an ov< r-sight of Parker's. He then traced out individual coupons, naming them, and showing how they were manipulated, and then connected them with a class tff coupons, and then connected Parker with them all. He then proved that Parker had receipted for certain boxes of coupons with their numbers marked on the outside; when he took valid coupons out, he must make the number compare with what the outside of the boxes called for; this he could not do; Mr. Cardozo had sworn that tho coupons which wero in the boxes when he came- into office were the same as when the boxes wero given to Dunn und Cavender to count; Cuvender hud sworn that the count was as correct as conscientious toil and labor could make it, and thnt tho number of cou? pons in the boxes did not corres? pond with the number on the outside of the boxes; thus the chain was com? plete. Parker had receipted for them to Kimpton, und had not turned them over to Cardozo. With tho exception of La? val's term of office, the coupons attached to bonds bore tho lithographic signature of tho Treasurer. Now Cardozo had testi? fied that there wero $100,000 conversion bonds, or more, in his office when he was Secretary of State, which he would not seal. Jones testified thnt he sealed $1,000,000 or $2,000,000 conversion bonds in tho summer of 1?71 or 1872. Now theso unsealed bonds wero in tho trea? sury. Tho bonds themselves were worth? less, being unsealed; the coupons were good, bearing tho lithographic seal of tho Treasurer. These coupons could not be cut oft' without exciting suspicion, if the bonds were left behind, so Parker takes bonds, coupons and all; nnd as tho coupons fall due, what is to prevent them from being presented at the treasury for payment? lie then called attention to the falling oft' of the coupons which had been presented at tbe treasury since July. 1870. He then explained the dif? ference between the accounts or tables made out against Porker in account with the State by himself and that of the de? fendant's counsel. "While explaining an? other point, the Court adjourned until 0 o'clock this morning. List or New Advertisements.? C. J. Irodell?Carolina National Bank. B. Jones?Proposals for Hoofing. C. Bouknight?Executor's Notice. Bound Trip Tickets?G. & C. B. B. Co. Jones, Davis A Bonknigkts Notice. Furnished Booms to Bent. Hotel Arrivals, July li.?JIendri? House -J. S. Coles, Chappell's; H. W. Kennerly, Orangeburg; W. D.Trantham, Camden; T. F. Wesson, J. F. Jackson, New York; W. P. Buckner, Tonn.; B. A. Stovall, W. F. Rndisill, Augusta; A. H. Powell, Foirfield; S. G. Brice, Yougues ville; W. E. Anderson, Waterside. Mansion House?J. D. McDonald. L. M. Candless, Cauiden; T. E. Cloud, Ridgeway; J. M. Seigler and child, He? lena; J. rt. Bowers, Newbt-rry. North and South.?The New Y'ork Herold closes n long Fourth of July edi? torial with the following sensible re? marks: "It has of late been customary," says the Herald, "to express a wish that the centennial, with its preliminaries, may restore the old fraternal sentiments between the South and the North. Such sentiments are wise aud timely, and they aru certain to gain strength with the approach of the centennial festivi? ties. But we apprehend that the re? peaters of this wish or this advice see as yet only a part of the strength of their case, it is not merely that Massachu? setts and South Carolina stood side by side in '70, powerful as this appeal to early recollections is and ought to be. The strong point is?and before the close of the centennial year the North will ac? knowledge it?that our Southern bre? thren have a livelier appreciation of the patriots of the- revolution than is possi? ble to us. What we inherit as a traeli tion, they have experienced as a reality. They have been themselves in the posi tiem of rebels. They, too, have fought for independence, while so fighting, they nourished their hearts and strengthened their fortitude by constant meditation on the eleeels and the heroes of the revolution. The position into which we of the North wero forced for the maintenance of the Union tended to put us out of sympathy with revolu? tionary spirit. Wo learned, for the first time, iiow governments feel that are re? belled agaijist, and lost our former admi? ration of rebels. Up to the outbreak of our civil war, there was not a rebellion in Ireland, or in South America, or in Greece, e>r in Hungary, or in any part of the world, in which the warmest sympa? thies of 4his country were not freely given to the rebels against their govern? ment. The South continues to retain this feeling, and as elanger to the Union is forever past, there is no reason why we should not relight tho partially ex? tinguished torch at the Southern altar, where the fire has been kept Bteadilv burning. Our Southern brethren will ultimately acknowledge that we did them an invaluable service in frustrating their attempt and making its repetition hope? less; and, em the other hand, we shall yet acknowledge that they acted from the noblest sentiments directed to n mistaken object. We have something to gain from them in capacity to enter into the spirit which achieved our independ? ence." A Coon AvKit.voE.~The aggregate city debt of New York on the 1st of Januar}' ? last was 8112.000,000. Add to this the j Jloating debt, unpaid judgments onel claims in suit it will reach SHU.000,000. Then a deficiency exists in the Treasury. I owing to uncollected taxes and nssess 1 inentsnf about $12,000,000, making the n al public indebtedness about SI07,000, 000. This on n basis of 1,000,00(1 popn ; lation is it ))?? capita of $170. The year's appropriations lor the expenses of the Gtivcrnment amount to nearly S3S.000, 000. This is a per capita of* $3h. The united debt and taxation, therefore, ovo I rugo scill for every man, woman-and child in the city. Talk of tho Keely motor! Here is the Rev. James M. Henry, e>f Clarksville, Pike County, Mo., who has inve nted a Hying machine which can move through the air at the rate e>f 100 miles per hour. He- has been working forty years on the problem, and claims to have sol veil it. He doserves to have $100,000 a year as well as Beecber, but he is so poor he can't raise money enough to build a large machine from his model. It is sail to think that nobody will be willing to give this old man a chance. The trial of John D. Lee, charged with complicity in tho murder of 131 emi? grants by Mormons, eighteen years ago, at Mountain Meadow, Utah, is in pro? gress this week at Beaver, in that Terri? tory. Tho massacre was one of the most fiendish on record, and is believctl to have been the result of Brigham Young's instigation, to avenge tho Mormon Church for the killing of one of the members by on outraged husband, whose wifo hael been seduced ami taken into the Mormon harem. On Monday, tho 5th inBt, the Messrs. Weldon, of Cherokee County, Ala., were passing along tho roael near tho baso of Lookout Mountain, when they were fired upon from umlmsh by two men, named Ke-nnedy. Tho murderors wero not more than ten steps fioni their victims. Ono of tho Messrs. Woldon was instantly killed, and the other ono had his arm broken. The latter managed to make his escape and thus saved his life. Tho "Black Death" scourge, which has recently appeared in tho rivers Tigris and Euphrates, is the same which de? stroyed millions of lives in Enropo and Asia during the fourteenth century.