Newspapers / The Weekly Star (Wilmington, … / Jan. 27, 1882, edition 1 / Page 2
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Jt 4 The Weekly Star." 71L n. EEL27ARD, Editor and Prcp'r. WILMWG TON, JV. , C. Fkidat, Jaxijakv 27, 1882. In writing to change lyour address, always give former direction as well as full particulars as where you wish your paper to be sent hereafter., ' Unless you do both changes can not be made. .' igp-Ndtlces of Marriage or Death, Tributes of Respect, Resolutions of Thanks, &c, are charged Tor as ordinary advertisements, but only half rates when paid for strictly in advance. At this rate 50 cents will pay for a simple announcement ; of Marriage or Death. " 3PRemittancesmust be made by Check,Draft Postal Money Order or Registered Letter. , Post masters wUl register letters when desired. ' t3Only such remittances will be at the risk of the publisher, j ;. - "Speclmen copies forwarded when desired. ' THE INCREASE O.F TllE NEGROES. Is the colored race increasing or i decreasing? The last census; repre-. sents h larger increase among the "nearoes than! among the whites. Bnt is thi trustworthy? . We ! think pot . and for this 'reason la 1870, it is known that in the South the census was taken very . badly. In fact, it lias been proved that in jSouth Caro . - - fg j , ., . - ; ----- s ------- lina itl vcnz rcelv; taken at all. and rto iT Ai,1ftt.ion was so chansred "f r.r 1 . I for political ( purposes as to give a very erroneous result. In truth, the censuj of 1 1870 was ; a political enumeration! to give the Republicans an increased representation in the United States House of Representa- i5 tives. In no sense,! as far-as it con-- ; jom s th Souths can the i census of 1870 ix taken as authority. As the ; population, was reported as less than ".-;it wasan some sections and as more 'than it was in other sections, there is no sound basis upon which to calcu- - late increase! or decrease i of popula tion. I The. increase of the negroes beyond the whites may be a mere supposition after all. .The imagined increase may be owing ! entirely to the defects of the census of 1870. Whher the-negroes are increas ing ot diminishing in numbers we . will not undertake to say positively. But this we may jaffirm: if the death rate in the country lis even, half j as great as it is fn the towns and cities then there - - f t 1 - -i I I . must;; be a" very low rate of increase, rfanVT. We know from the vital statistics of I dozens of cities in 1881 " that he death ratq is fearfully large in the cities. The Star ha pub I lished some i of these statistics from timeto time. . , As we have before us the mortuary - statistics of! Richmond, Va., for. the ' last year, we willjcite the facts in or der o show how great the mortality is among the blacks in one city that . is not exceptional by any means. Tim official report is as follows: .. "Pnnnlation of the citv. 65.000 white. 38,200; colored, 26,800. Ratef mortality of whole popTilationi: 4.U0 per l.UOOper an - num l rate of mortality of white population, -21.78 per 1,000 per. annum; rate of mortality . of colored population. .63.97 per 1,000 per - ' Annum. A analysis of this, report will re- veal some startling facts.' There were 2,606 deaths in a population- of 65;- 000. i Of these 832 were whites and 1,768 'were blacks. That, is, of 38,200 : whites 832 died: whilst: of L 26,400 y blacis 1,768 . died. ' The mortality - among the blacks ought not -to have exceeded 583 to bave been no Greater thaJthat of the whites, i This would have! reduced the.death'rate' of Rich- mond to 1,415 instead 2,600. If the deatfi fate among the negroes of Rich mond was to be the rule throughout ? the Sputh the negro race would die out in a century 'or i so. But -this is not the case. The " actual state .of. growih or ! diminution will not be known definitely ; until the census of 18901 has been taken, We suppose .i .....i!?' I.".. I ' ' : xnere is an j increase among, me ne- groesE, but instead of 33 per.;cent.i as a comparison-of ! the census of 870. and jE880 would show, it! is doubtful if it is more, than 12 . or. 15 per cent. ! The negroes can never be the same n potent factors in politics again as they werel during the first ten years alter the war. They may increase, but the growth of the white population, by few! decades, place, the negroes so much in the minority that they will not be able to control,; to any appre- ciablc extent, " the politics : of ' the ,couitry. They will be spread : oat besides more and: more over a wider " territory, and be pf less moment con sequently in determining the politi cal! destinies of the country. This must be in the' future, however. At 'present their votes are of much im portance, -and they still exert no little power in the country. As they are i. J. '- . K spit ujj aiuuuj;, iiiciuBcives auu oe less jiable to follow the lead of the whites -who use them to obtain office. ' f Mrs. -Lydia -E. -Pinkham, fiS3 TTcrtern Avenue,: tiynn, Mass.; is rapidly ac- ' an enviable reputation for' the siir; .;: cures which daily ? result from the rj..i -r , her Vegetable Compound in all female fii3- - eases. ena to aer ior pampniets. -" f - It-Claire Scott. ' who nlaved ' in .'Durham recentlv. absconded fmm- fitAta. , MUC without paying her bills and leaving u4usi ui ucr nuuie wiuioiie money. , . FH&OF CP tfllE PtDCING." The Star takes, a peculiar interest in the growth of cotton manufactu ring. Our readers i will bearvwitness to bur zeal in trying j to promote that very important industry, and- how prompt we were to c6mfat the sel fish views of certain New England writers of ' the Atkinson school who thought they could I see great reason for doubting if the South could com pete with the North in advantages, &c. We have at muchjpains, from time to time, answered all of the ob-r jections that have been urged, i But so convincing are facts and figures that some of the New England scep tics bave either" "modified their views or changed front entirely upon the subject of cotton , manufacturing i in the Southern States. The success of the Georgia mills has done more than all else combined to relieve some of the said writers of their prejudices and change 1 their: yiewa entirely. Theory can not , survive one well es tablished - contradictory i fact. Dr. LardnerV could proye.by very, inge- nions argumentation that it was sim i in. ii.. ' ' u. l-i piy llliposeiuir umi it stcitiuuuav vuuiu ever be constructed that would be able to cross the Atlantic Ocean. Whilst he was delighting his London audience with": his elaborate nega- tions, a steamer, was actually making the trip and. in a few days thereafter reached England. . Mr. Atkinson ; and his associates who doubt will have to give way before the plain facts. That shows how imperfect and inconclusive: was the theory. Large profits much larger than those of New Englandr have established the fact that well managed factories pay first rate. This is encouraging. It is so encou- ging that Northern capitalists are taking hold of cotton muling in Georgia and other Southern States. The practical men of the North have ' seen for themselves, and are satisfied that it is a good investment to carry the mills to the cotton, i In Georgia, where the Exposition: was held, and where cotton milling is carried on with more success and on a larger scale than elsewhere in the South, the investment of Northern capital is more marked. The , Augusta Chro nicle of the 22d says: . . : "There is no better- indication of what is thought of the matter outside than the in vestment or a large amount oi jxormern capital in our mills.. Many of those at a distance in New York, Philadelphia, Bos ton and Cincinnati who have thus invest ed their money; have never- been to-A srusta hi order to inspect 'Its great natural advantages, but' they had seen -the figures -and drew their own conclusions therefrom. Practical business men are not apt to be led on Dy cnimeras nor can mey oe inuueeu uy wild theories from entering into that which thev are satisfied -is a good thing. Mills already built having gone on from year to vear successfully, it was fair to presume that new mills built with all the advantages of experience would at .least be as success ful: hence our Northern friends aid not hesitate to invest in the Enterprise, Sibley and the lung, and to invest largely, The future will show the wisdom Of the invest- ment' . - " - In Augusta four large i new facto ries are either completed or in course of erection. " This shows confidence and " courage, " Where the cotton milling business thrives'": "other mills spring. . up. .What ; Augusja does her towDS ny 4o Jf 'favored' with equal natural advantagesi eual en- terprise, equal industry. ?: ; ; The Gniteau jury, after being out less than an hour, returned a verdict of guilty, This disappoints thou sands. The country will sav well done. Noav the hanging comes next in order. No patent required to catch the rheuma tism. A cold and inattention to it, and you have it the rheumatism.- We cure ours with St. Jacobs Oil. Chicago Inter-Ocean, HU Etsbtljetl) Rlrtbday t ;,: Our venerable friend, Mr. Geo. R. Frencli, Sr. r having attained yesterday to the good old age, of eighty years, celebrated the event by a pleasant social gathering at his resi dence, on the southeast, corner , of Foarth and Dock streets, last evening. A large number of his friends, and especially incni- ! berstjof the. First Baptist churchy. with whom Mr. French worships,' were present fo congratulate him aud to wish him many more days of life, health and prosperity f Clarkson N. Potter was in his 57th year: He was .a son. of the late Bishop , Alonzo Potter, ' of . Pennsyt vania, and grandson of the late Rev. Dr. Eliphat btt, President of Union Theological College. - Mr.' Ley in P.', Collins, ' a wealthy gentleman of nncit -personal worth, and highly jrespected generally, died heart over the robberies of bis son, a i dissipated young book-keeper. PREMATURE LOSS OF THE, HAIR may be. entirely -prevented by the use of Bubnbtt's Cocoaesk. No other compound possesses the peculiar properties which so exactly, suit the various conditions of the l cu, it iooties the irritated scalo. It of- s . evuhest lustre. , ,It prevent the Lair m. TJ 7- .... 1 r . - - j -. - , ' , , '. -' . drvit. ' " "- - "... t&urnetf$ flavoring Extract sxe known as Perkonal. 'We have received ft, letter from Rev: Dr. G. D. Bernheim, formerly of St. Paul's" TTuthefan Churchy of this city, 5 in which; after referring . to his recent unanimous election as President of North Carolina College, located at Mt. Pleasant," Cabarrn.,, county, already mentioned by us, and his acceptance of the position, says his term of oflice will not-commence until thai 25th of May next, when the present scholastic year has expired. In the meantime, ' he will take a trip .to 'Florida and South westerif Georgia, in the interest of his publication At Home and Abroad.- Dr. B. adds: "This new position will not in the least interfere with the prospects of our magazine, but rather , promote its interest and prosperityi" Safe BoWbery at Magnolia; . (;::-; Chief of Police Brock received a telegram yesterday morning, from Messrs. Souther-' laud & Newberry, of Magnolia, Duplin county, announcing that their ' safe had been broken open the previous night, - and requesting him to have a- lookout -for the burglars. ': They don't mention the extent of their loss, but as there is no bank iu4he town the presumption is that there was a considerable amount of money in the safe, possibly including deposits made by other parties. However, this is only conjecture, and we may have fuller particulars before going to press.' - . , , Later intelligence from Magnolia reports the amount taken' from the safe as $6,000; but no further particulars are given, ! The Safe Robbery atHagnolla. From a letter from Mr. Newbury, of the firm of Newbury & Southerland,r of Magnolia, to his brother, Mr. F. A. New bury, of this city, we have some additional particulars of the safe robbery mentioned in yesterday's paper. ' Mr. ' Newbury says the robbers got $150 or $200 in. currency, $400 or $500 in silver,- and the notes of the firm; policies, deeds, mortgages, " receipts, " etc. ; also, deeds and papers belonging to other parties; one gold watch, six or seven silver ones;' a pistol, gold ring; and, in fact, every thing they could pocket. Messrs. "Newbury & Southerland scoured the woods in the vicinity the next day with the hope of find ing their papers, but with no success , It is thought the thieves did not come in this direction. The conductors say that no unknown or suspicious looking characters boarded, the trains coming this way. , The appearance of the safe indicated that the robbers were experts in the business. although the stealing of the papers would lead to a different conclusion. ' Rev. Dr. Tatea for pisbop. . Referring to the meeting of the General Conference of the M. E. Church South . in Nashville next May, and the fact that a Bishop is to be elected by that body, the Beaufort Telephone nominates : Rev. Dr. Yates, formerly of this city,; for the . posi tion in the following words; "We think there is as good material in the North Caro lina Conference as there is in the Virginia Conference or in any other Conference within the bounds of the connection, to make a Bishop out of. . Further, we think North Carolina is entitled to at least one. and, so believing; we declare our choice to be the - distineuished Pastor, of Edenton Street Church. Raleigh the Rev. E. A. Yates, D. D." For the Star. RAILROAD UfEBTING AT POINT According to advertisement a very large crowd of people from the surrounding coun try met at this place, and at I? O'clock the meeting was called together. On motion, Mr. Owen Alderman was called to therhair and Mr. E. A. Hawes was requested to act as Secretary. l v The Chairman, after making a very forci ble speech, called on Cabt R. P. Paddison to explain more particularly the object of the meeting, and to tell what the people of bampson county ana Wilmington were do ing to help this great local enterprise. which bids fair to be of so much benefit to the peo ple along the line from Clinton to Point Caswell aad also to the merchants of Wil mington; which he did to the satisfaction of all -present. Stirring speeches were made by Dr, Jas. F. Simpson and R. B. Frayser, Esq.. which had a good effect on all present The 'subscription books were then opened and Dr. Jas. F. Simpson came forward and neaoea we iist.witn. fl,uw, which was followed up by others until nearly $5,000 was subscribed (And now, Mr. Editor, let me right here say that if ypur city will make a liberal subscription the road will be a success). " Jt was the general opinion of those present that at the next meeting the sum ot ten tnousana aonars wouia oe raised. ine oecretary. was, requested to sena a copy of the proceedings to the Wilmington otab ana itevtew ana request uieir publication.- ; " j " " .... , On motion, the meeting adjourned, sub- jcui 10 iuc can ui iue viuunuan. ' . , 1 - EA. Hawks, Secretary. ; Editor Stab V-'ANote from the Coun ty Superintendent" received more' -consideration than I had any idea it would. Please accept my thanks. It would be a great help to me to speak now and then - to some of my co-Taborers through your paper.. Will you allow me to submit to you a few brief nnlM nn ivtttmafirtii' 'rtvw filio Qtornatt'iK (J - P.',' ? If mey do not meet your appro val, or you have not space for them, will you please quickly giver them room in your waste pasjsei, ana Liige :r . r:'l :;..Ycr.; truly,', - '-n. .-. '-Msrzu, Johnston. .Castle n?7e,JJaa. 1Z, 1232. : Editoii Star :Hiad is the distinguish ing mark between man and the other ani mals. ; Education is the; development of thismarknt m the pQhslung up the yital bui, uiu uurutHuwg luiu ueauiy ins CI vine particle; Success as an educator Is i- . ; i r i m.- m wutruiy uw anwuion oi . our oest : young men and young women. The teacher is a leader : dux, a leader, : from the root of e-duc-are : hence the English Duke. And some of our own teachers ore Dukes, no ble men of the highest rank, and some more than Grand Duchesses. All of these educational nostrums and school appliances am not to be seized upon as such good icings s mere is too much or the wooden nutmeg about some of them t ,fthe conceit oi Knowieage witnoui the reality,? as Ba con has it. Every, pupil of our public schools should be at least taught to speak, reaa ana wrne correctly the -Ungush lan guage, to know the man points in eeoarra- rhy end the lezflr' everts in our country's l tcry, yi - ' - .eTrt.r the four rz-?z, - : per ccntzjs. n-vL-rry is he born andfc.1 ' J . itEcircthnotanc'-.2r'8.vl, ' ' ; Whops r ;t3 lis ncst tl.ou"l)t. --; ; AnJpietr-JaliiimpiJJl'-;. ' THE TRIAL OFGUITEAU.' Tbe Court HMte 7aefe 1 J" ndge Jor- ttr Commei eea the losing: A sn-n-entTl ceat Crlir 4 Kevl w i. ; - j By Tf ".cgta.-h t the Mc inj Star. 1,1 Washington. Ja-'uary ZZA The rourt house was packed to-day andluindre'fls were unable to gain admission. . - Judge l'orter commenced tue closing argument. . - He . is" itill unwelV" and " will depicted tMe fcliafratler of t)ie Iprisuer atxa .e;ddntcthreryid languageThe damnint? wiclatrlnAss f its execution. uuiteau. as usuaL had the opening speecn for the day, in the course of which he served the following' notice1 upori'fudge Porter ?- "New, ia regard te'Judge "Poster? I wadt to say, as he is to have the, closing pf the case, if he attempts to mislead the Court or. jury I and my counsel will stop him. He came on this case ...under a misapprehension on the part 'of Gen. Arthur; otherwise he would not be in the case. He don't properly represent the Governments r He only repre sents himself 1" - . ., " - f - Judsre Porter's bodily . weakness was plain to every one, and he could scarcely be heard except by the-jury and those immediately around him. ?V Thus far" he said, , "the trial has practically been conducted by the prisoner and Mr. Scoville. ' Every one' has been denounced at their will, and even now I am informed that I will be interrupted by them both." 1 Judge Porter briefly recited the Scenes of disorder, the abuse and slan der to which every one Upon theicase had for two 'months been subjected,! and "yet," he said. -Vol the three speeches which have been made by the defence,; I will do the prisoner the justice to say that his was the least objectionable." '' After sketching the circumstances leading up to the crime and painting with fervid language the damning wickedness of its execution, Judge Porter turned his attention to the - prisoner and proceeded to depict, his character. ''Beg gar, hypocrite, robber and swindler; a law-" yer who never, won a cause no court, no jury, failed to see in him a dishonest rogue; and such men cannot win causes. ; ; He has left his trail of infamy in a- hundred direc tions. A man who, as a lawyer, had such notions of morality that when he had taken debts to collect -and collected them by dog ging a debtor, he held them against his clients. A man who was capable of blast ing the name of the woman with whom he had slept for years and still recognized as his wife; a man whor ' when tired of this woman, pretending to be a-Christian and a believer in the Bible, looked in the book and read, Thou sbalt hot commit adultery,' and then went out and deliberately com- mited adultery with a street walker; a man who pushed himself into the f ellowship of Christian Associations as a follower of the Saviour when fresh from six years of for nication in the Oneida Community," . 5 liuitcau- That lie ought to cuose you. ; - . As Judge rorter proceeded with a resist less torrent of denunciation and invective, the prisoner occasionally called out, "That's a lie," "That'sabsolutely false," or "That ain'tso." ' ' . .,,1 After showing who and' what , was the murderer. Judge Porter next described the victim, paying a glowing tribute to the character and services of the lamented President.and pronouncing a most touching eulogy upon his memory. v 1 1 Judge Porter's Argument Resumed Diapv tea Between Counsel The Prt oner Geta In a Number of Remarks. . LBy Telegraph to the Morning Star. ' i : Washinqton, January 24. -In the Gui teau trial to-day Judge Porter resumed his argument, and charged that while the de fence had been a sham and imposture, that the prisoner was 'a liar, a swindler and a murderer, and had grown worse from year to year. - The usual disputes between'coun- sel took place, and the prisoner interjected a number ox remarks during the delivery of the argument. . - '' v Judge Porter rose to address the jury as soon as the Court opened; but was obliged to give way to Uuiteau, Who, as usual. made an opening address. This time !. to repudiate a letter which he said is publish ed to-day over his signature, ' and to warn other cranks asrainst attemntint? his life. The first serious - outbreak of the .morning occurred when Judge forter, adverting to the statement of the prisoner's counsel and the . reiteratea assertions of . the ; prisoner himseu. that the notes of Stenographer Bailey were destroyed by the prosecution because they would have benefitted the de fence, denied the right of the defence to ex pect or demand - to see papers prepared by the prosecution solely for their .own use. "Furthermore,' said Judge Porter, "there was not contained in them anything as as serted by the defence that would have im proved their standing in this case." ; , I ": '' Mr. Scoville insisted' upon being heard, and demanded that the Court should stop counsel from making any such statement on his own authority as to the contents; of papers that had not been in evidence before the Jury.- i- -. , Judge Porter insisted that he had a right to deny statements of .the same, character made by the other side; Judge Cox thought counsel had no right to make any statement as to the contents of such papers. -c - Judge Porter,? with 'much feeling; pro . tested that he had been a practitioner longer than the Judge and had never before heard such arming. e (foner) was of course. debarred from taking legal exceptions; but he must protest against the unfairness of the position which would admit all sorts of statements from the prisoner and from his counsel, and yet would debar the prosecu tion from all opportunity of refutation: ; ! Mr. Reed, with considerable excitement. but without rising from his seat, said, -If I were Judge; I would - put him under ar rest Such insolence to the Court should be punished." : : - - ,.-'- - Judge. Porter resumed bis. argument, and proceeded to discuss the question trf rea sonable doubt, as an element 01 the defence. of insanity; referring to the decision of Judge .Martin, of , New . Jersey, which had 3n reanfoTced by", a ' decision in Ohio, he -vrzs srsin interrupted lay Mr. Scoville, who desired to know if arguments were t be jb"Td psin-ejKMtAaw--points A short 'M"T between -counsel ensued.- when J; -9 l'orter removed the objection by 1 - w Lis authority to the Judge, saying f" t wia aaswer every purposeof mine, your -Honor, if you should have occasion to rule upon tap pom'f Jadc oii Aivvntent Contlnned Violent Interruptions by tlie Prisoner TneConrt Presents tbe Scene of Small Raiel Judge Cox's Charge h The jrnrya Verdlet-'Gnllty as In- leted. :, .; - ,r ' -1 . ; fBy Telegraph to the Morning Star.l - WAsaiNQTosf, January gl"--Juag6 . Por tar resumed his argument and reviewed the testimony ot John w. -uuiteau.1. The pris oner interrupted him continually with ex clamations, "Thats a He," "You're abloody man,"&c. He became so violent and noisy that it was with the greatest difflculty the bailiffs could quiet him, The interruptions of the prisoner increased ,in violence and frequency till, reinforced v by an objection from Mr. - Scoville, the clamor and ' din 'for the moment resembled a small Babel. , Judge Porter continued , his argument amid a continue struggle to make, hi? voice heard against the clamor and vile abuse of the prisoners He closed , at 8 o'clock,' and in conclusion said ." He who has ordained that human life be shielded by human law from human crime, presides over your de liberations, and the "Verdict which you will give to-day will be recorded where we are all to come , at the great day i' I i trust the verdict will be prompt and will uphold the I majesty of law and reflect credit upon your . t - , . . . ...... 0 . . u janos tnaj poiuacai muTOer shall not bo permitted to ,, avenge.., political, wrongs sOr settle political disputes. I trust j'ou will ao discharge your duty that by your action, at lea poht al assassination shall una no 'anct ntorke it a precedent bereaver, and I hope t .e time wul come wnen ty in terr .ional r greement the law shall , be 4 so strr gther 1 that a political assassiuV-iall fin. no rci'uge on the face of the earth. The assassin of Garfield knew tuct againstv the law of God he was breaking with bloody hands into the house of life; but he did not know that over his grave if grave he is to have would be written this inscription : 'f The jfravB-ofithe Jbowardly assassin, the swindler and the murderer." He did not rth t . h -fl tlmt ?Tni th.t n,Xi arainst that the hand that aimed that pistol against his life wrote the name of James A. Garfield in characters of living light upon the firma ment as radiant as 11 every letter was traced 111 living siais. , v- ' Judge Cox then read his charge to the jury, lie commenced by; saying that the: constitution provides that in all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial by an im partial jury, in the state and District where the crime shall have been committed; that he shall be informed of the cause and nature of the accusation against him; that he shall be confronted with the witnesses against him; that he shall have compulsory process to obtain witnesses in his favor, and that he shall have the assistance of counsel in his defence., These provisions were intended for the protection of 1 the innocent from in justice and oppression, and it was only by their faithful observance that guilt or inno cence could be fairly ascertained;' Every accused person was "presumed to be inno cent until the accusation was proved. ! With wnat aimculty and f, trouble the law had been administered in the present case the I'ury had been daily witnesses. It was,; lowever.i a consolation to think that not one of these sacred - guarantees of the con stitution had been violated in the person of the accused. "At last the long chapter of proof was ended,-the task of the advocate was done, and it now rested with the jury to determine the issue between public jus tice and the prisoner at the bar. No one could feel more keenly than himself the just responsibility 1 of his duties; and he " felt that " lie could' only discharge them by a close adherence to the law. as . laid down by its highest authori ties. Before proceeding further, he wished to notice an incident which had taken place pending the recent argument. - The prison er had frequently taken occasion to pro claim that public opinion, as evidenced by the press and correspondence, was in his fa vor. These declarations could not have been prevented except by the process of gagging the prisoner. -. Any suggestion that the jury could be influenced by such law less clattering of the prisoner would have seemed to him absurd, and he should have felt that he was insulting the intelligence of the jury if he had warned them not to re gard it. : Counsel for the prosecution had felt it necessary, however, in the final ar gument, to interpose a contradiction to such statements, and an exception had been taken on the part of the accused to the form in which that effort was made. For the sole purpose of p purging the recprd of .any objectionable matter he should simply say that anything - which had : been said on cither side in reference to public- 3 excitement or newspaper opinions was; not to.be 5 regarded by the jury. The indictment charged the defendant with having murdered ii James A.. Garfield, and it was the duty of the court to explain the nature of the crime charged. Murder was committed where a person of sound memory and discretion unlawfully killed a reasonable being, inthe peace of the United States, with malice aforethought, ' It had to be proved, first, that death was caused by the act of the accused, and further that it was caused with malice aforethought; that did not mean, however, that the go vernment had to prove any ill-will or hatred on the part of the accused, toward the de ceased.' Wherever 1 homicide was shown to have been committed without lawful au thority, and with deliberate .intent, it was 'sufficiently proved to have been done with malice aforethought' .and malice was not disproved by showing that the accused had no 'personal ill-will . to the- deceased, and that he killed him from other motives, as, for instance, robbery or through mistaking him for another; or,as claimed in this case, to produce a public benefit. If it could be shown that the killing was done in a heat of . passion or under provocation, then it would appear that ; there was no premedi ted attempt, and, therefore, no malice aforethought, and 1 that would reduce the .crime to manslaughter.; . It was. hardly ne cessary, however, to . say that there was nothing of that I kind in the present case. .t xne jury : wouia nave to say either that -the- defendant . . was 4 guilty of murder or that he was . inaocentf In or der to constitute the crime or murder, the assassin must have a reasonably sane mind in technical terms, he must be "of sound mind, memory and discretion." An irre sponsibly: insane man could not commit murder; f If he was laboring under disease 01 his mental faculties to such an extent that he did not know what he was'doinsr. or did not know it was wronar. then he was wanting in that , sound mind, memory and discretion that was a part of the definition of murder. In the next place," every de fendant was presumed innocent ; until the accusation against him was established by proof. In the next place, notwithstanding this presumption of innocence, it was equally true that the defendant was pre sumed to be , sane,, and -. to have been so at the time the crime was committed; that is to say, that the Government was not bound to show affirmatively,! as a part of its proof. that the defendant was sane. As insanity was the exception, and as a majority of men are sane, the law , presumed the latter condition of every man until some reason was shown to believe to" the contrary. : The burden was, therefore, on the defendant Who set up insanity as an excuse for the crime, to produce proof, in the first, instance, .to snow that that presumption was mistaken. so far as' it related to the prisoner. The crime, therefore, involved three elements killing, malice, and a responsible mind in murder. .After all the evidence was before the jury, if the jury, while bearing in mind both of - those; presumptions that is. that the defendant is innocent till he is proved guilty, and thathe is sane till the contrary appears- sua nirutineu wnac is cauea a reasonable doubt on- any ' ground, oraa to auy. ui mw ratsttuuiu . elements 01 crime, then the defendant was entitled to the bene fit of that doubt and to an acquittal. Judge Cox proceeded to say that it was ifflcult to give an exact definition, to define what- constituted a reasonable doubt, - but he gave a number of illustrations, convey ing an approximate idea. He then pro' ceeded to say that the jury would find little aimculty m reaching a conclusion as to all the elements - that- made up the crime chargd In the Indictment, except, it mierht be; as to the. one of Bound mind,. memory and discretion. t But that was , only a tech nical expression for a responsible, sane man.;' He now approached that difficult question. . He' had. already said that a man , who is insane in the sense that makes , him irresponsible cannot commit crime. The defense of insanity had been so abused as A. ,. T - V. ...... a a " . 1. . w ue orougni into great discredit, it was the last resort in cases of unquestionable fuilt. It had been an excuse for juries to ring In a verdict of acauittal when there was public sympathy foy the Accused, and especially where there was provocation for uumiciue, accommg to " pubuc secti ment,'r but -' not"' according -to" law. "For ;:. that - reason; the defense jof', in sanity , was mewed . with disfavor, and bubhe sentiment was hostile tn it "NWatv thcless, if insanity were established to the degree necessary ;; it was- aT perfect defence for an indictment for murder, and must be allowedfull weight, t It would be observed that in this case there was no trouble with any question about what might be called absolute imbecility, in which all exercise of reason is ""i.nt!"-,-R" l where there is no recogmtio t of 1 rson or things or their tclatis. f But ' ere was a debatable bor- der lii e between sanity and insanity, and ... ihere" was , oftc termi: ing on 4 great dimcuity in de hich side of this line I be put. v There were soman's mental' faculties a par y was t. eases1 ra- wnim generally seemed to be in . full vigor, but whereon one single subject he seemed to be deranged. A man was possessed, per- hsvns hv t.ne leiiet ot somethins" ansura which he could not fcflt rifasoned ott jbf 'J wnai was caneu au insane ueiusiou or ue might have 'sowe morbid ''pTupeBSityseiim- mgly in harsh- discord with the rest of his intellectual and moral nature. These were . cases which for want of a term were called" partial insanity. Sometimes, its existence and sometimes its limits were doubtful and undeflnable, and in those eases it .was diffi cult to determine 1 whether a patient -had passed the line of moral or legal accounta bility for his actions. The jury would bear in mind that , a , man did not become irre sponsible by the mere fact of his being par tially insane. :i Such a man ! did not take leave of his passions by becoming insane. He might retain as much' control over them as in health. . He 'might commit offences, : too. with which his infirmity had nothing to do. ' He might be' sane' as "to the crime he committed ; might understand its nature, and might be governed by some mo tives ' in - relation to 1 it' as other people, while on other subjects having no relation .whatever to the crime he might be the vie tim of delusion. '" Whenever this partial in sanity was relied on as a defense it must appear that the crime charged was the pro-, duct of delusion or other morbid condition, and connected with it as an effect with the cause, and that it was not. the result of sane reasoning which the party might be capable of, notwithstanding his limited and circum scribed disorder. Assuming that that' in firmity of mind had a - direct influence on the crime, the difficulty was to fix the char- acter of the disorder, which fixed the re sponsibility or irresponsibility inlaw. The outgoing of judicial minds on that subject had not been always entirely salisf actory, nor in. harmony with the conclusions of medical science. Courts had in former times passed upon the law in regard to in sanity without regard to the medical aspect of the subject, but it would only be pro perly dealt with by the concurrence of har monious treatment between the two sciences of law and medicine. The courts had, therefore, "adopted and again discarded, due theory after another, in the effort to find some common ground on which to stand, , and his effort, would be to give to the jury the results most commonly accepted by the. courts. It would be well to say a word to the jury as to the kind of evidence by which courts and juries were guided in this diffi cult and delicate inquiry. That subtle es sence called mind defied, of course, ocular inspection ; it could only be . known by its manifestations The test was as to whether the conduct of the person and his thoughts and emotions conformed with those of per sons of sound mind, or whether they con trasted harshly with; them; : - By that judg ment was formed as to a man's soundness of mind, and for that reason evidence was admissible to show, conduct and language that would indie&te to the general; mind some morbid condition of the intellectual powers. ' Everything relating to his mental and - physical -.- history . was, therefore, relevant, ; because any- ' conclusion on the subject must often- rest . on a large number J of facts, and "letters spon taneously! written afforded J ! one' - of the best indications of mental condition. . Evi dence of jnsanity in a parent was always pertinent; but juries were never allowed to infer insanity in the accused from the mere fact of its existence in ancestors. ; When, however, there was evidence tending , to show insane conduct on the part of the ac cused, evidence of insanity in ancestors was admissible as - corroborative -. of other evi dence. Therefore it was that in this case the defence had been allowed to introduce evi dence covering the whole life of the accused and reaching also his family antecedents. In a case so full of detail, he should deem it to be his duty to call the attention of the jury to particular points of it, but he wished the jury to distinctly understand that it was their province, and not : his, to decide upon the facts, and if he at any time seemed to express or intimate an opinion - on facts, which he did not design to do, it would not be binding on them, , but they,must draw their: own conclusions from the evi dence. Instructions - which he had already given . to ther jury imparted . that the true test of criminal responsibility, where the defense ; of insanity was interposed, , was whether the accused had sufficient use of his reason to understand the - nature of, the ; act witlv which- he . was charged, ' and to ' understand " that it "Was wrong : for; him to- commit: it. If these were- facts,! he was criminally r re sponsible for the act, whateverpeculiarities might be shown of him in - other 'respects. On the other hand if his reason , were so defective in consequence of brain disease that he could not understand what he was doing, or could not understand that what he was doing was wrong, he ought ; to be treated as an irresponsible lunatic, - t j . 'st ..? 4 Judge Porter concluded his speech late this afternoon, when it was suggested that the Court adjourn until to-morrow. Judge 3ox aabmitted to the jury the question whether they would prefer to remain and hear his charge to-day or -. wait untu to morrow. 1 They chose to hear the charge at once.' 'Judge Cox accordingly delivered his charge and at 4.40 P., M. the jury re tired and came into Court again at 5.36- P. M. and rendered a verdict of "Guilty as indicted." , .1- f;r j? COUGHS. "Brown's Bronchial Tro ches wUl " allay irritation, which' induces coughing; giving oftentimes immediate re Kef in Bronohftis, Influenza, Hoarseness and : Consumptive-t and . AsUunatiq Com plaints. r . , y . -, - . t - . WASHINGTON , . 1 Tile Contested Case of Lynch vs. Cnal- - men Refbre tb iSleetlons; Snb-Com mttfee Tne Charleston Collectorsblp Ralph P. Ruxton to be Appointed JTndso -of ' the Eastern District of North Carolina. , il - TBy Telegraph to the MorningtarJ f' ..' r: ' Washtkotoit, ' Jan,; 35. The case of Lynch ' against Chalmers was called before the sub-committee of . the ..Elections com mittee this morning. ' Mr. : Chalmers filed some exceptions to the addit ional testimony offered by Mr. . Lynch. The exceptions were ordered to be printed,' and will be ar gued at the hearing of the case. - Mr. Lynch was allowed forty days to file his brief, but will probably have it ready within ten days. Mr. Chalmers was allowed thirty days , to file his brief, in reply," after the delivery of Mr. Lynch's brief , to liim. 1. Mr; Chalmers will probably, not file his brief until, the last of the thirty days, and the case may, therefore, , be expected to be heard before the sub-committee about the 9th of March. ' It is generally understood that the Secre tary of the .Treasury favors i the appoint ment of Col. T. B. Johnston as Collector of thep ort of Charleston, S.-. C. Also, that the name of iJRalph P. Buxton will be Bent to the Senate for Judge of the Eastern Dis trict of North Carolina. . v " 'r ; - VANDERBILT UNIVERSITY, TeVn. As a disinfectant and detergent. Prof. Darby's Prophylactic Fluid is superior to any preparation with which I am acquaint ed. H. T. LtJPTOir; Prof . Chemistry. : , Darby's Prophylactic Fluid purifies afoul atmosphere,. destroying-, the infectious germs, gives relief and comfort to the sick and protection from contagion to those nursing. : In all cases of small pox, scarlet -fever, diphtheria, typhoid, yellow, and re- i lapsing fevers its use will stop the spread of infection, it f. ir? ' THE TENNESSEE FLOODS Continued Rise or the Rif el-s Lafgi Numbers of People-Driven from theif Somes Great Loss ot Property Over - Telvefnehes of; Rain Since First of January The Great Flood of 1847 . Surpassed. f i KtTelegTaph to the Morning Star. Nasuville, January 21. The river has surpassed the : flood of 184T, and is still . rising half an inch per hour, forcing an additional large number of people from their homes to-day and to-meht. Them .seems to bejpo tellingto what point the flood mayrcacn,. 7- -. . . The mill men have lost much lumber and three rafts since last night. The merchants have been forced to remove their goods from la.- large number 'of the cellars of stores on i which the bakewaters were en croaching! . .... r - : .... A portion of the Tennessee & Pacific Railroad is under water, but not so deep as to stop the running of trains. One train a day is run on the N rthwestern division of the Nashville, Chattanooga & St. Louis Railway: for passengers, who are floated across ' the -waters between Camden and ,Johnsville. . . - - , - 1 ; News from Point Burnside, ott the Cum berland; is to -the effect that the river is thirtyrfive feet above low water mark and is rising Jat the ralje of eighteen inches per hour, j The river at Clarksvillc is six inches above; the rise of 1847. There have been no arrivals or deDartures of steamers " The Signal Service Bureau reports 12.8-100 uuuc ui rain since January 1st. 1 1 Nashville, Jan. 22, P. M. The river has reached a point of seven inches above the rise in 1847,? making fifty-five feet three inches. . A large amount of drift is floating v down 1 the river, with now and then small" bridges which spanned the streams in the upper; country. ;; A large amount of lumber was carried out from here 1 this morning. Sandbags were placed across Woodland street early to-day -to . prevent the current from isetting through mortheast Nashville, and carrying away lumber and houses. The river rose to such a point as to foice a large additional number of families out of their homes. , . ' ' The people are gratified that the river has reached a stand to-night, and hope it will be falling by to-morrow morning. J The Tennessee river is rising at Johnson ville, I and is within a few feet of the rail road bridge at that point.. 1 'Nashville, Jan. 22. The river com menced to fall slightly at midnight, i - CnrcisrsTATi,' January 23. A Nashville special says : ' 'The river has fallen : fifteen inches within the last twelve hours. Esti- damage to the lumber interest is over $150,000. The damage to the city sewer will amount to $5,000. At a rough estimate the losses to individuals will aggregate $500,000. The fund for the relief of suffer ers irom. the flood reaches over $8,000." v Johnsonville Submerged Houses Un dermined and Washed Away Large : ; Numbers of Live Stoefe Drowned . : Great Suffering Among the People, j LBy Telegraph to the Morning Star. ' ' New York, January 25.' A Johnson ville special says every house in the settle ment is partially, submerged; some have 'overturned and dome floated off. Houses ' are daily floating down the river, and some havej lodged against the railroad bridge, where they were broken up by the inhabit ants to preserve the bridge from destruc tion. I A large number of live stock have been drowned. ' Many people have found refuge on rafts and boats, with some live stock." .There is already much suffering,, and it must necessarily" increase. : i f ' "HORSFORD'S ACID PHOSPHATE IN DEBILITY, ETC. I have found .Here ford's Acid Phosphate particularly service able in treatment pf women and children in debility and loss of appetite, e. v -: - ! W. H. HOLCOMBE, M. D. . -New, Orleans,-La f SOUTH CAM OLINA . xne Jbate TerriDie Hallway collision tA Great Indignation-- in Charleston ;; Relative to Carelessness of Officials . f j The. Dead and the Wounded Rigid - Investigations' to be Blade by the ; Authorities. ' ; ;! : 4 - CBy Telegraph to the Homing Star. SoQth Carolina, special dispatch says great indignation prevails in? this -city owing to the carelessness of railroad officers, which led to the terrible collision on the Charleston & Savannah Railroad on Saturday.!' State ments obtained from Superintendent Gads den; the conductors, engineers and passen gers ion thev wrecked train show that the northward-bound train left Adams', Run in -defiance of a specific order. Conducto r Pmckney throws the, blame upon the loose .management of the road. Being on time and the other train thirty minutes behind time, he thought he could; reach the next station in advance of the other train, Of the wounded, chief clerk Mansfield and as sistant clerk Craft; of the postal service, are doing well and will recover. - Assistant postal clerks Burbridge and Osborne are in a very precarious condition, and it is be lieved they will die The body of postal clerk Harry A.' Fox - will be taken to Wash ington by his brother. He was a cousin of Fox, j the mail-weigher, who was burned at his post in the Tioga disaster a year ago. Bradley Scott, the fireman, who was killed "Outright, was buried in this city on Sunday by the colored Odd Fellows. : Rigid inves tigations have been ordered by the Postoffice Department and the State authorities. - I SEE HERE.c-You are sick; well, there : is1 just one remedy that will cure yon be yond a possibility, 'of doubt. " If it's Liver or Kidney trouble, Consumption, Dyspep sia; Debility; Wells' 'Health Renewer is four hope.- :1$.. Druggists. Depot J. C, Irons, Wilmington. . : . f NEW. YORK. Gov. Colquitt, not Georgia, Makes an Address . before the . Young Men's . Christian Association. J - u By Telegraph to the Horning Star.V y-i New York, January 24. Gov. Colquitt, of Georgia, in his address before the Young said in his visit to New York he was struck by the wonderful intensity of the struggle for life; the pressure of business as though eafju Luau was m punsm . uj. a visiwie iui- tune, and feared it might elude him. ; It was a vast city wn vast opportunities,, ana it was no wonder so many young people came here tot enter on life's race. They left many anxious hearts behind them. The inquiry of the old people, down 'in , Geor gia,was not of the commerce of New York, or of her wealth, but whether - their sons were safe; and if those parents could only know of the efforts being made to save the strange young men in this great city, they would say "God bless ; the Young Men's Christian Association." '?'" , Referring ,to : a remark by Dr. Brooks, who welcomed, the Governor as onewho had once been arrayed against us but wbx was now indeed a brother, Gov. Colquitt said he was "glad to be so greeted, and if the graces and virtues of " the Christian rc- ,. ligion, the love of, our fellowmen which it teacnes, ana . the hope - of a lite to come 1-which it promises; could not f break down and bridge ovef sectionalism, then Goti help our country." - ' ; . ; Lieutenant - Commander, Gorringe?ii hringing the Obelisk to New York haaper ' formed indeed a monumental ' work.'; So has Dr. C. , W. Benson, of Baltimore, in curing' the nervous disorders of the world, rwith his Celery and Chamomile Pills, i i
The Weekly Star (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 27, 1882, edition 1
2
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