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Southern telegraph. (Rodney, Miss.) 1834-1838, August 09, 1836, Image 4

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his iii nl duties (hat proper degree of
merciful feeling which should ever lie tho
accompaniment of justice, seemed to govern
his vcr' aclksi throughout that long and
arduous trial.
It has been asked, and naturally so, why
the men that were in the house on the night
i the murder, were not brought forward. It
-was also insinuated on the trial, by the pri
soner's counsel, that the person who was in
Mrs.-TownscniTs rootn that night, and tha
one that Mrs. Townsend let in at three
Vjhut in the morning, by which fortunate
circumstance the murder was discovered,
oral the fire that had been kindled in Ellen
Jewelfs room, prevented from extending to
and destroying others, could tell, if they
flensed, who had couiiuittcd the murder.
Vfe have taken some pains to uscertain
the facts in the case, and feel certain that
o person could have conducted the trial
-with more ability or with more caro than
were exhibited by Mr, Phoenix and Mr.
Morris. In the house that night, besides tho
.girls, there wero six persons (men.) Tire
one spoken of as Frauk Rivers, iwo stran
gers, (genteel men) a young man (a clerk
in the cltj ) aud two others, (young mei
chants of respectability.) Immediately, on
-the alarm being given, us ia natural to sup
.poso, (bey all fled, alike to prevent expos.iro
as to avoid the dangerous scene. The gen
tleman that was with Mrs. Tow use ud is one
of the latter, a single man of good business
standing, and, with the exception of the
cloud that this might throw aroind his good
name, one that stniu'.s well with his fellow
lion. The District Attorney endeavored to
procure lus e idence. He deciared that he
could state nothing; he knew that Mrs,
Townsend got up, and in a short time he
heard the alarm, but left the house imine
diatelv on the watchmen coining in, or as
soon ns lie possibly could, lie said ho
could do no good to bring him on the
land would injure himself and his DUSh
aess end he prayed tho District Attorney
to spnro hirti tin; disagreeable task. A coo
Rultaliun was held. It was foiinH, as ho
had stated, that his testimony could be of no
service that to bring him on the stand
would have no effect in subserving the aim
of justice, and that it would be cruelty to in
flict upon liiui the stain that lie might possi
blw endure. It is feared that too many
men visit such places; their safety is in con
cealment. The name, in this case, would
have been blazoned to the world, and the
blow could not cosily have been recovered
from, llu was not brought forward.
The young men whose names were un
known, had remained in the room with their
girls until the alarm, when they also got
away as soon as possible. The young mail
spoken of as a clerk, was also in one of tho
rooms, and was roused from bed by tho
alarm. Ho could state nothing as to tho
facts further than that tho alarm was gicn
and that he lied, as early as possible, terri
fied at the sound of fire aud murder that pre
vailed, lie was of respectable connexions,
plead, with tears, not to be brought on the
stand, as it would, he said, destroy him in
the estimation of his employer and his
friends. It was found that his testimony
would be of no possible service, and he was
not called.
The fifth that we shall speak of is a
young merchant in the lower part of the
city. One who stands well in the commu
nity, and whose evidence would have borne
very considerable weight, lie was the one
that Mrs. Townsend let in at three o'clock
in the morning, and could, as he stated,
have testified to seeing the lamp in the back
room, and hearing Mrs. Townsend give the
alarm of fire and of murder a few minutes
after he came in and went to Elizabeth Sal
ter's chamber. (The latter testified to this
effect on tho trial. It will bo remembered
that there is a defect in the law relative to
'compelling the attendance of witnesses.
The coroner has power to bind over any
that may have been present when an in
quest was taken, whom he considers of im
portance on a trial. Tho District Attorney
has no power of the kind, lie can subpoena
and he can lino for non-attendances, but
there his power ends . In the present in
stance he did every thing that the law ena
bled him to do to secure the attendance of
this witness, but the gentleman said that
worlds could not tempt him to come on that
stand. Although a single man, there were
circumstances in his case that rendered it
peculiarly trying for him to do so. The
District Attorney sent an officer to his store
to subpoena him, and endeavor to induce
ium to appear. The officer was told that
he had left the city. The District Attorney
then dispatched the officer to the upper part
of the state, where it was supposed he had
gone, and other efforts were made to obtain
his evidence, but equally in vain. The
v "Coroner hod not bound him over, as he was
not a witness cn the inquest, and the Dis
trict Attorney, at the appointed time for the
trial, was compelled to .proceed without him.
The sixth young man was the person who
fliad been with Ellen Jewett,and w hom Mrs.
'Townsend, Elizabeth Halters and Emma
French declared to be Richard P. Robinson,
known to them as Frank Rivers, a mime
which it was acknowledged by others he
had assumed, on his different visits to the
'unfortunate girl.
The public is not yet in possession of all
the information, w hich, as it appears to us,
4hc causfr of morality and justice imperious
ly demand. Will the people of New-York
be satisfied, under all the circumstances
and with certain admitted facts before them,
that the district attorney did all that his rcs
poasibliliiv to tbeUte required, merely oa
the declarutioM twfe effect, of two or threo
editor who doubtless honestly belike what
they declare! It strike us, too tfcat there i
was a manifest intention on the parte! the
Judge, who presided at the trial, prevent
tho exHsure of certain individual, whose
testimouey ia the trial seemed certainly
very desirable, if not essential. There
was an apparent artiulity in the selection
of witnesses, if not a real one. Why was a
voung mail by the name of Marstoo brought
on the stand to testify to kit ou tkam
while others whs probably could tell as
much, were not summoned because tkeif
migki lose their characters. Without snyot
1 1 v -e witnesses, w ho might have been obtain
ed, the Times says, the district attorney felt
abundantly able to fasten conviction open
the prisoner, and alluded to Uio letter-,
which he was not permitted by the court to
offer to the jury. It adds
Perhaps there never was a case in which a
public prosecutor a id more to contend with
than our district attorney had tin that triak
For some time previous to its tnkiug place,
among other expedients resorted to, colored
prints, pretending to ho likenesses of Rich
ard P. Robinson and Bile Jewett, wero
placed in the windows of all our print-shops,
and in every public place where people
would allow them to remain These pic
tured Robinson as a beautiful, modest youth,
one apparently incapable ol crime, and El
len on the other, as a coarse-looking, brazen
eved shrew, that would do any thing Nei
ther of then we understand, looked any
thing like the original, and, we need not
say, were too probably placed there for a
certain effect. The minds of our young
men, in particular, ran, in consequence,
strongly in favor of the prisoner, the court
room was tilled with his friends, ready to
hiss any thing said by the prosecution
against bill), or to applaud what his truly
talented counsel ininlit gay in his favor.
It was in vain the court endeavored at al
times to preserve order; the feeling would
show itself, when every thing that it
consistently could to favor the prisoner, al
lowed evidence to be suppressed at the re
quest of his counsel, and tho whole, put to
gather, truly made up hill work for the ex
ertions of the prosecuting attorney.
In regard to witnesses, it will be con
ceded, we believe it must have been truly
painful to feelings, and was injurious to the
the reputation of the young man who had
been at tho house to be called upon to
stand. It was necessary, however, for tho
district attorney to bring forward those that
he did, (and his heart must have bled at the
manner in which sonio.of them implored to
be excused,) in order to strengthen the cir
cumstantial evidence in particular that of
the cloak, the hnnkerchicf, and the minia
ture. On this account he brought no more
forward, of either sex, than woi ld have been
serviceable on the trial.
From all that we have read in tho New
York papers upon the subject of this extra
ordinary trial, we are led into the belief,
that it was a farce an entire farce and
nothing but a farce a mere humbug, to
excite the curiostity of the populace with
tho show of justice, and suppress the in
dignation of the moral part of the commu
nity against those whose conduct, in every
thing but the act of murder, was as offensive
and wicked as that of Robinson himself.
03- After tho preceding article was
in type, we recieved tho Commercial Ad
vertiser of Monday, in which the article
from the Times is ascribed to the district
attorney. The editor presumes, from a
full and free conversation with that gentle
man, that it was authorized by him, so far
at least, as the facts are concerned. Tho
editor of the Commercial still thinks that
Mr Phenix "erred in judgement, although
he honors the benevolent feeling which
swayed him, in not bringing upon the stand
the paramour of Rosiua Townsend. The
object of the defence was to throw suspicion
upon her testimony, by that of one who
passes as a respectable merchant, it seems
to us that ho should have done so. True,
it is said the happiness of an "affianced"
was concerned; but what was a misfortune
which however deeply to bo lamented,
ought not to have been allowed to interpose
in the path of duty."
How the editor of the Commercial can
"honor the benevolent feeling" which kept
the paramour of Rosina Townsend from the
witnesses' stand, and yet think it a misfor
tune which ought not to be allowed to inter
pose in the path of duty we cannot pre
cisely understand. The inference from
this apology for the district attorney is
this : A merchant of "respectable stand
ing" is "affianced," or engaged to be mar
ried. In the mean time he frequents
the most noted brothel in the city, and is
in bed with a common strumpet, while a
murder is committed in her house. The
district attorney knows the fact, and has
the power to summon the profligate de
debauchee into court as a witness; but is
swayed from that course a course dictated
by every principle of justice, and probably
required by a solemn oath of office by his
"benevolent feeuxg." What sort of be
nevolence or morality is this? Benevo
lence to whom? to the paramour of Rosina
Townsend? What right has Mr. Phenix,
as a public prosecutor, to allow compassion
for such aa unprincipled fellow to interfere
ttirli hit official duties? Benevolence to
the female to win in the adulterer was "af
fianced?" What sort of tiene volence is that
which, by screening the rascal from cxpos
ure,lhrows him into n matrimonial connexion
with an innocent and lovely woman. reek
ing from the stews, with pollution and filth
of body and mind enough to entail misery
aud disease upon a whole generation? Be
nevolent feelings indeed! Was it a sister
or daughter of Mr Phenix to whom this
respectable'' merchant was affianced."
(lltl'l I.Alt,
Trtasurii Dqxirlmtnt,July 11, 1836.
In consequence of complaints which have
been made of frauds, speculations and mon
opolies, iu the purchase of the public hinds,
and the aid which is said to be given to ef
fect these objects by excessive bank cred
its, and dangerous, if not partial, facilities
through bank drafts and Bank deposites,
and the general evil influence likely to re
sult to the public interests, and especially
the safety of tho great amount of money
in the Treasury, and the sound condition
of the currency of tho country from tho
further exchange of the national domain in
this manner, and chiefly for bank credits
and pacr money, the President of tho
United States has given directions, and you
are hereby instructed, after the 15th day of
August next, to reeeivo inpayment of the
public lands nothing except what is directed
by the existing laws, viz: gold and silver,
and in the proper cases, Virginia land scrip;
provided, that till the 15th of December
next, the same indulgence heretofore extend
ed as to the kind of money received, may
be continued for any quantity of land not
exceeding three hundred and twouty acres
to each purchaser who is an actual settler,
or bo mi Jul V resident in the State where the
sales are made.
In onler to insure tho faithful .execution
of these instructions, all Receivers are
strictly prohibited from accepting for land
sold, anv draft, certificate, or other evidence
of money, or deposite, though for specie,
unless signed by the Treasurer of the Uni
ted Slates, in conformity to the act of April
25, 1820. And each of those officers is
required to annex to his monthly returns
to this Department, the amount of gold and
of silver respectively, as well as tiie bills
received under the foregoing acccption, and
each deposite bank is required to annex
to every certificate given upon a deposite
of money, the proportions of it actually
paid iu gold, in silver and in bank notes,
former instructions on these subjects, ex
cept its now modified, will bo considered us
remaining in full force.
Tho principal objects of tho President
in adopting this measure being to repress
alleged frauds, and to withhold any counte
nance or facilities in the power of tho Gov
ernment from tho monopoly of tho public
lands in tho hands of the speculators and
capitalists, to the injury of the actual set
tlers in tho new States, and of emigrants in
search of new homes, as well us to discour
age the ruinous extension of bank issues
and bank credits, by which those results
are generally supposed to be promoted,
your utmost vigilance is required, and re
lied on, to carry this order into complete
Secretary of the Treasury.
By and with the Advice and Consent of the
Lewis Cass, to be Envoy Extraordinary
and Minister Plenipotentiary to France, not
to bo commissioned until notice has been
received here that the governmcntof France
Ims appointed a minister to the United States,
who is about to set out for Washington.
William P. Van Ilenssellaer, of New
York, to bo Secretary of Legation to France.
Andrew T. Judson, to be judge of the
United States for the District of Connecticut.
Charles K. Gardiner, to be Auditor of
the Treasury for the Post Office Dspart
ment. Joseph Balectier, to be consul of the U.
States for the Island of Singapore, in the
Malayan sea.
Henry L. Ellsworth, Connecticutto be
Commissioner of Patents.
Carey A. Harris, to be Commissioner of
Indian Affairs. j
Ross Wilkins,of Michigan, to be Julge of
the United States for the District of Michi
gan, j
Daniel Goodwin, of Michigan, tot be At
torney of the United States for said Jfistrict.
Conrad Ten Eyck, of Michigai, to bo
Marshal of the United States for a ud Dis
trict. The commissions of the three Vast named
officers to issue, when the state jf Michigan
shall be admitted into the Uiusm, according
to the provisions of the act 'to establish the
northern boundary line of Jftic state of Ohio,
and provide for the admission of the state of
Michigan into the Uniotn on certain condi
Thomas II. Kenah, of Georgia, to be
Marshal of the Unitel States for the District
of Georgia.
Samuel D Kinr to be principal clerk on
the public land, under the act for reor
ganizing the (iujiieral Land Office.
Mead Fitzhgh, to be principal clerk of
private land ojkums under said act.
John M. Muorc, to be principal, or I
clerk of the surveys, under said act.
Hudson M. Garland, to be Recorder of
the General Land Office under said act
Wyllis Silliman, to be Solicitor of the
General Land Office under mid art.
Diou. Com i n An Englishman ha
lately erected on the river Theiss in Hungary
a mill in the form of a colossal man'
the head being the dwelling house the
eyes the windows the nose the chimneys,
and the machinery in the ImrIv, driven by a
stream of water from a canal in the form of
an immense bottle emptying into his mouth.
Ttirvday. tnffiut 1B, I ASM.
fr Wo are authorized to announce Mr
Wilson Wade, as a candidate for Major
of this Regiment.
We are authorized to announce Grf.kn
T. Martin, Esq., as a candidate for Colo
nel of this regiment.
The supply of paper which we have heen ex
pectins; for ome time past lias tit length arrived,
but came too late for the present iniuiher. Wa
hope for the future never to be under the ncces-
sity of making apologies.
Nothing now from Texas. There wn4
be no fighting until next fall; and it is more
than probable, before that time arrives,
Texas will be free.
Con. Felix Huston, with a large propor
tion of his men, has returned to Natchez.
On account of the small space allowed us
this week, several editorial articles have
been crowded out.
he w Firm?
JU. EVANS bogs leave to inform his
friends anil the public in general, that
ho has lately taken into copartnership, Mr.
HknuY Clayton. Wo beg leave also to
inform the public that we have lately moved
to tho well-known houso formerly owned
and used by Wilson &. Allison as a Dry
Good Store, and late by Mr. John Payne,
where they arc now receiving from New
York a fresh and splendid
Assortment of Goods,
Consisting, in part, of Blackand BlueClothnf
Black, Blue, Gray and Striped Cussimere
and Cassinetlj Blankets, Flannels, Eastern
and Kentucky Lindscysand Janes; 4-4,7-8
and 3-1 Heavy Lowells; Brown, Bleached,
Apron and Furniture Domestics; Irish
Linen, Cambrics, Jaconets and Ginghams.
A general assortment of Plain and Figured
Silks, Circassians, Muslins, Bouibazins,
Bombazets and Plaids.
Fancy Silk, Chally and Morino Hand
kerchiefs, 6fc.
Worsted, Buff, Cotton, Linen, Kid, and
Silk Gloves.
Caps, Bonnets, Artificial Curm, Slc.
Tortoise, Silver and Brazilian Tuck and
Side Combs, and Silver Head Ornaments.
A General Assortment of Clothing,
adapted to the season.
HATS Drab, White and Black Beaver,
Castor, Roram, Silk, Wool and Leghorn.
SHOES. A general assortment of La
dies' and Gentlemen's Shoes Gentlemen's
Boots. Assorted qualities, &c.
Mill, Cross-cut, Hand and Tenant Saws,
Patent Balances, Spades, Shovels, Chisels,
Augers, Bench Planes, Collins' Axes, Grub
bing Hoes, Cut and Wrought Nails, Draft
Log and Trace-chains, Bowie & Crocket
Knives ai d Arkansas Tooth-picks, Pistols
and Guns suited for Texian emigrants, &c.
SADDLERY. Patent Railed and Com
mon Side Saddles, Gentlemen's Spanish,
French and English Saddles, of superior
qualities. Saddle-bags, Bridles, Martingales,
Sursingles,Girths,&c., Coach, Druy,Riding
and Negro Whips, Riding Switches and
Walking Canes; also, a lot of Saddle Trim
Old Port, Madeira and Claret Wines.
Champaigne Wine, in baskets.
Champaigne, Cognac, Domestic, and P.
Family Soap, Patent Tallow and Sperm
Candles, Tea, Coffee, Double-refined Loaf
Sugar, Spanish Cigars, Honey Dew and
Small Plug Tobacco, Fig Blue, &c.
A general assortment of CROCKERY
and CHINA; also, of GLASS WARE, &c.
together with almost every article to be
found in Dry Good houses which we offer
low for cash, or to punctual men.
The" public are invited to call and exa
mine our stock and prices, and patronise us,
so far as may be consistent with their own
interest and our merits.
Rodney, August Rj, 1S30 27-tf

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