7
1
1
'1
i
"I
I
'5 nm;nT
by cc::r.:c!, r;.i t: ued tt 1
: the ct ar,i , , (and a L:a cumU
cf rcctr.t:rt, wha had been drawn to
C.a ccurt-tc.A Dylha vnusud interest
ctc".:cd ly .3 pccc'.iar circumstances
t.t trtd,) with the eloquence and ability
which issaSr. dkir.rulsh U.3 learned
r;:ii!:r.:a retihed by the prties to the
! At m late V.out In flic evening, the m
tv retired under the following instruc-
- uons irem un cuuu ' . .
1 Charge cf hit Honor Jude Catron.
1. Th fcnr wilt consider tha assault.
w..3 ca:3 v.-st
. , battery and false imprisonment as one
transaction, commencing with the time
when the plaintiff was "seized by Capt
.Shepherd, and endinz on Saturday
jiicht, when he was set at large, " after
beimr whipped and branded. - All who
. aided or abetted in the imprisonment, or
inflicting the punishment are cuilty,
and the defendants having plead guUty,
. must be deemed equally guilty; ana it is
- theduty of the jury to assess the damages
to tiit amount the most culpable ought to
, 2. .The jury will find not guilty such
tT the defendants as took no part against
Jdeoay, though forming a part of the
rycrowd, witt4mprisoncdnd Bcourged
- p oinv '.':.' ", v -,-' fa
1. If theplainnsttstajncd any damage
t by the sacrifice of his property, because
of having been driven fcrom the country,
, the jury will assess damages for the loss,
- 4B aoaioon 10 ana iwiepenacni 01 r ny
- personal sufferings inflicted npon him.
4 la assessing damages for the per
"nat'injury.Tthe state, degree, quality,
trade or profession of the party injured,
w as well as the parties who injured, may
. be - considered. These circumstances
. jou mustascerta'm from proof adduced
on this trial, without being iufluenced in
' any degree by facts insinuated to exist
in argumeat.iat which were not pror-
od, , . xiLl
Jk The jary have the rieht, and it is
hcir4atyfc take into consideration, the
motives of the defendants, or cither of
them) and if they believe the plaintiff
was imprisoned and branded through
malice towards him and in a spirit cf
, ijcrsonal revenge, then they will give
high and-, vindictive damages- Cot
should thejuiy believe that each of the
, defendants acted from motives, exempt
from private and personal . malice, and
, not to gratify individual revenge, then
they ww -not give vindictive damages
because of malice on the part of the dc
fendsnts. .. .
8 The lurr are- also uthorised,-if
they see proper, to increase the dama
ges, by ay of punishment of the defen
dants, for taling revenge into their own
' hands; At for trampling under foot & set
ting at defiance all law and order; an
example w hich if continued, and follow
ed up, throughout the State, would des
troy cur mild government, of equal pro
tection and even handed justice to all,
and substitute in its stead the strong,
banded tother,jvbose measure of jus
ice wcokfbe decreed oy popular furjl
a state of anarcny me most aangerous
. iiA terrible. How this feature of "the
cm use .should ioilucnce ... your verdict,
eeiitknien, you will well consider. Your
filgV standing, extensive experience, and
t :e deep interest you have in maintain
ing the institutions of the country, are
1 guaranties that you will maturely weigh
tisctndideratiorii witht3ut further no
tice of H from the court- J
1. It has been stated to you, in argu
rat, that the court had m yesterday
: TTated that provocation on l!te part
'replainliO'cuuId be given in evidence.
." (Vocation going , in mitigation of a
"cry is confined to some insult that
cccjmpa&es the battery. There wa?
rcn web on the part of the plaintiff;
and you must by aside doubt as to any
' eondneHf9rsfwmtJtIflg Uie slights
r . ... . .. . -
excose ft r the abuse inflicted upon
S .ii. There is not the remotest evi
dence that he-said, or did,- any thing,
f r4k first being unlawfully imprisoned;
" tlielimc of bis release, which could
ve offence; and all previous acts arc
excluded from your consideration.
6Y Much has been said against the
r,iijntiff, as to why he did not prove his
g'iod character. Such evidence is un
, nenrd of in this description of action; the
.plaintiff's ctYunacI would have ill advised
Ima, iiftd they ordered such proof to be
produced, as it would have twen notori
ously incompetent. This cause is to be
?ra upon what was proved, asd not
tym MjrtAtfes that the plaintiff is infa
tuuvim to do so, would .render the trial
by jury more than uselew. You w ill
judge of lle state aud degree f the par
ties, plaintiff and defendants, from tlic
evidence hcard.no the trial f tliis cause;
and from that evidence only. It is ccr
tJirily Itw that ons man ought to rccov
i - er rooreJmages tar imprisonment and j
. . ' . .i i i . i
. ralcry uan anomer, cruuuuvu jvpu
j&Sk, dejree, ge, &c; lutit is catully
j '3 cf'.' m .
1.
Thoj ;ils
t for).
, the ..
1.3 imprisonment tna nattcry, ana us
tic rceofiruull that accoisr..!cJ sru
gave them character; and takir those,
in ccimexica with the standing &c of
tW nnrtlp't nl.nintlfT. and idcfcn !:r
hnis a
will hit rnt tnlrrasnnnble & satis-
H,nill.w...vV1.v
satis
factory to the jury. It is your exclu-
sivc prinnce, gcntlanen, to say what
the damages shall be, npon a calm, un-
ill'
prejudiced examination of, the cause, tv, ngi 01 propeny, au uepenu cxc.u
Cut Use court would respectfully sug- sivclyvcpon civil pvejnmcnt, ahd the
,e iWm thorn ! no standard to admmistntion and preservation of tlic
measure the damages br, and it'is dilfi-1 liws of the country. The more indsidi
cuUXjr men 10 Tigrco on the same a- ocs tha blow given to them, the more
mount, thatlhercfore,' it is due to-your-
sehxs nnd tho parties involved in this
LMftnt I t ration, that vou sftouid
cive up minor scronlcs, and meet each
other on fair grounds of concession, and
mav not be satisfied that it is thc most
f - L.i i thnnrrh racn or vou l
accurate amount A stubborn adDe-
rence to inaiviauai opinions, wuuiu wi
disagreement; leave tho cause where
SUll, aimSl Ol CUUrSC, IU uniwwu
tncjury iouna ii, J
.Ya.', LJ
verd,ctwoul4 be no
qucntly great loss roust leincurrcd for
no sutucicnt reason. . - .
juap wn W .Y 'T James Whitelow.- ; - V , '.V n
the charge of Judge Catron, charged R L - Th for lain,
them lurtner as iouowk u , :
VJiarirt bv Judstt J7roum: The
rv WUI first find WOlcn OI uie aeieauau w
are euilty of the tresspass; -and ia as
ccrtaining this, tlwy rwill not confine
their attcntjon to-lhtj mcrer iniacuons
01 inepcTsonaunjuryKnnu imprisuuuiuu
But they will find, ; whether any of the
ueienuams xooa any pan, or "
aegree engagcq in ui proccuuuig uj -
nul mA ;1U.a ! mm hrf . IlnvinfTl
ascertained this, and the facts of fakol
Imprisonment and tho bodily infliction,
of the -whipplnOtTbrMdinhey
wiujudjotuw degree paux, ana in-
lrS TVlE
rf tVit nctnnl rvwirrio r . tncer inrtirrcd
VW;V.. o- respecUble Journals in tr.atorany
ual pecuniary losses incurred ..I'.ci f r ' u.fcwj,
coascquenceofthe illegal acts olhcr Stitc . of the Upton. It pre
endants, This they will do in cnts a brief but pregnant history of
bv him in
of the defendants.
order to tho proper "assessment of die
damages which they may think proper
to award to the plaintUE .They will al-
so take into consideration au matters
wnicn nave Deen legauy suomutea to
MluiinrrfiiM(m hw will
. . . ... .
careful to exclude from their minds ey.
erv thing which has not actually been
submitted to them bv: the court' in the
course of the trial, such as the supposed
guutor innocence oi jne' pjamfin,
cfc-tl'epla.ntifrsbad
character the justice and propriety of
it nA .mli .,,f.
fcrred by him tlie good or bad charac-
ter of the defendants, all t which cir-
cumstances have been attempted to be
introduced to show want of malice &e.
Buthejatterofthepointsmay require
a few more remarks as being itself of
Tnorethan ordinary-importantedn-its
taring upon this case, more wccially
it Tegards the tiKpihy as to damages.
t it is urged, that this plaintiff had a
regular and indulgent trial, and recciv- the People, and controlling the
edajustandpropcrpun:shment,altiough freedom of elections. Forthehon
the proceeding was wholly illegal and or of free Government, it will htve
unauuiunzcu, uui uic resuu hi m
ccssitv, growing out of the circumstao-
tc of the countrv i his view ot the
srlfjcct is urged in miiigation of dama
pes. on the irround of its destrovink all
inference of malice on the part of defen
dants. On the other" handil Ulirccd
that tb nilcctrd regularitv, impartiality,
and dclibcrativcncss of the illegal acts,
should enhance tlie damages, and that it
is competent. for the jury to award
damages, ns n puhiKlimcnt for such de
liberate violation of law, and the rights
ofJiidlizciLaUb
violate of risht and law is increased
and activated, in proportion to U,t'de -
hbcraiion aud n .nu Nation of the acts
I. nHinorlAMUMAn.lmrt
w ' . t.w , .
M - ... Ih.MKiuiitvJ tt,r
from tlic situation or circumsmnccs of
the country, nothing ha, been given in
'..r .rthervv;.'i,,.. ..th.t
,i.... ;.,;r. ..!.!. .
If ihe plaintiff had been gulty of
staling, it was- id a highly civil-
Country; where the law, were in
SlOtl.
negro
ircd country.
full force, and civil government prevail
ed Tn i the 'amplest manncri where Uiohc
laws had provided proper nunidimcnt,
civil officer and every facility for their
inforcement-if he were guilty as alleg
ed, he should have been proceeded a
gainst, under the authority and in ac
cordanco with those law, which were
all sufficient, for trying and convicting
fif iruiltv.Y and pimishinsthe plaintiff.-
it is not true iufact, that such necessity
existed, oi course uiejurv win not laxei
' -Ml ... i"
case, it has great bearing upon the oth-
- - m - - - - - a..l
cr point, tuat the mat was lair, anojnc
rut vie'
!cn of
j in a
i liviJi:.
tho
i.
4 .- -
.;:0crv3 v..
3 to the cf:
hed hws and
;cur.:ry. And in
J w
i. L exam; 3 is rcr.
:rci ct
the r. .
t evil kind, w! a it is considered
thati-:;!.ing is shown why the ordinary
Ical rrocecdins cotM not have been
O. . . . ,,
bad aguinst bloody, i no jury snouia
also MX recollect thatcyery blessing
and every advantage, l.fe, hbcrtv, safe-
dangerous, v ipe law can asuv vuwi.
cite itself from gross and palpabla vio-
wuon, crowing oui uio inuuicmair
excess of passion, cither of one or a mass
ofindividuals. In luch cases the exam-
pus import, as where the violation of
Dic uwuza oaa, is noi 01 suuu uhj-
laws nas caimiy assumca ino ,uuS
j.w,
7 JFednctday, Sept. 27.
The jury came into court this morn-
In-, and rendered a verdict for plaintiff,
COOO damages, and cost of suit against
,Shccra Howrcl a Taylor,
v;n;n n hrrt nAt-.rt f f
UzriuzrMm.tJ
JU-l;urtnr. : ' -- . j
1 . jvrt hv lha ' Rpnrtrtpr Y r m.
dnrrd tA J1iivfL Tmm tlie mineral Mod
character of, Mr. Shepherd; (which we
hate from highly respectable citizens of
Haywood,) that his conduct betorc the
just0CCg' fjourt js j-rossly misreprcsen-
1 tc J by the witness, t aid well.
i 11 uu i-n i u i aviu.
I The subjoined irray of facts, snc-
f cin
jcrscy -fnian, mt cf the most
respecUble Journals in that
i . 1 . - i
our Oorcrntacn for the last eight
I yean. Grave and weighty as ire
the whole cf these charges, there is
nol oae of thCDf we believe, which
.... i:.t- .l- -i... ...
I tirnnr mnrt nni( mam Hh
1 1 w"'l ,"' iuwiv, uv .,
pht be .extended to double the
lengtli,,witb; clher; facts, equally
I true, rostcritv will read with (ton-
j der that !a partT iiMtlv chartre able 1
with such abuses of power, and W
sigMl a faiure io aU the i.fomMi
-?-.!. t- i i j t
whieli it dtludrd the multitude
,,u oytainel posse ?soa of the Gov-
crnment" shonld have been able to
preserve 'its acendeny-for eight
vesrs. stith i innli- a n-tl Utnem.
ed ti the major prt of our own
' , iL. i
'I
" '0l5:..w,He4
i"chcb men paironae
i capable of exerting in cormptiug
To 1 .-..i ,m -..- !. : 2
lure and misrule soon had their
day, and Wre then discarded for
ever. JSat. Int.
FACTS.
It is a fact, that .then the present
party came linto power, the country
was" at peace, proMprroits, and happy.
is a J act, that we are now at war.
and in a atateof deplorible misery and
ruin. "..... .
, Ik" ..J .1. il ' -
V f "TTi"7"-"T-tnair-tiiey
l V T . iN'V V. .i; , '
" Jt wcomparawy
I WOrB fill.
ii . iM ra.t th.t it, huM.
I , " J I' " , 1
,,,rra ' " V" " H.u " 7 T. r
crrj-t jatofl admiais ration r affairs,
U"ofact that tliesc abuses hire
Increased ten fold.
11 " ? ffc Promised e:
?TmJ ln t,,e tw, f lditure.
n? 1 ef ri1'' ,M,,nt ,th Vfero'
f-i afactf that these expenditures
have inereavd tlirerfold.
is a facU,thln expenditure of
thirteen multans a year under . the
AJioitiisfrti"ti of Mr. Ad ami, wan
deenrd mo extravagant as to be the
cause of his dinmisHsl from office.
It is a fact, that these expenditure
re m:"'
ww nd norc
j . . , i.. j . . .
It is a fact, that, under the former
I 1 .1 t t .t .t- ......I! .'. L
Aiimirusiraiion, mo iium ui niimrr-
Mdercl ground lor serious complaint
- "a A m. m
i auu a source vi gresi corruuuun.
r.t trf.s f
i and ri'.;-'
int of vl
. ha fact, t!;rt farK! rf
irt-i.ts sre more nun:rrcus iu,, and'
" . ......
mur i innra expcr.-ive xiicy ine
is a act, that the cccasionnl cta-
ployrafht, by the Administration, of
persons who l;aa trrn racmaeni oi von
gresi was deiiouiired as a unws abuse
nf p 'troj!-? and made CwiTuptlon
tlipurdrr or thedsy."
ts a fact, tnat mare membrrs or
Congress hate thus bttn employrd by
the party in pwrr, I w or Ihrve ti ortr.
than ever received cHlce under former
Adminhtrati.ir.3' ' "
It. it a act, that; the present party
found pleanty of money in the country.
and nfthe vrry best description.
It h a fact, that money ia mow mln-
ously-ararrr, and hardly worth having
Wltrn obtalnrd. 1 - ' '
it a fact, that silver and gold
were as common as paper when ihU
pary took the reins of Government. '
it a fact, that it Is onlv to bejisd
by the oQcf holders and the favoritea
of the Administration, I rj
It is a fact, that silver ami "gold
we re then the property of the People.
'-It is a fact, that they are no iu
tho almost exclusive enjoyment, and
contri.l nf the Governinent. ' ) -! 1
It is a fact, that from tha try-6ay
that the present party rame inti power
they Cw mered xpcfltntiHltM
the ciipital, bdusitry and currency of
the nation. iT--'V. i
' It is a fact, that this capital is now.
greitly diminiabed, lUe lmlitry pr
aljzed, and the currency in unutiera-
It is a fact, that the present party
have fiid rjiwlroriii' alwoal alt Tie
States a well as the United States.
i t It is a fact, that whererer they have
exercKcd power it bas been to the
public drlritneiit. t t . ' - v.;v ' ' f
h is a fact, that with a fctrplusrer
rnue in the Timsury, one yrar1 njfo, of
more lhanry mitlions, th4 Treas
ury is drclsrrd to be bankrupt!
PREDICTED DESOLATION OF
. BABYLON. . :-
Isaiah xiiL 21, -But wild beasts of the
descrfs Re there.! ; , , . -
In my second visit to Eirs Jtimrood,
while passing " rapidly over the last
tracks of the rain-spread ground, at
some little distance from the outer banks
of its quadrangular boundary, my party
suddenly halted, having described sever
al dark objects moving along the sum
mit of the hilt, which they construed into
dismounted Arabs on the look out, while
their anned brethren must be lying con-
cealcd under the . ISoutbcrn brow of the
mound, Thinking this very probable, I
took out my glass t examine, and soon
distiniyhcd that the causes o our alarm
were two or three majestic lions takins
the air upon the heights of the pyramid.
fcrbaps I never bad twhckl so sublime a
picture to the mind as well as the eye.
These were a species of enemy which
mv party was accustomed to dread
without any panic fcan and while we
conUmiettl
tho halloomz of 4lia people made, the no
ble beasts gradually chango their posi
tion, tilin the course pf twenty minutes
they, totally dvap;cared. S'e then
rode close up to the ruins, and I have
had once more the gratification pf as
cending the awful sides of tho tQwpr of
- ....... - m
liabcj. .la my rrogress I stopped se
era! times to look at the broad prints of
thufeet of the hons, left plainly m. the
clayed soil; and by the track I saw 'that
it - we had cnoscn-to rot;so such game,
wo neca noi go iar to nna ineir iair
but whwo. thus actually contemplating
these savage tenant!,' wandering amidst
tho towers of Babylon, ami beddinff
themselves withid tlie deep cavities of
her once magmhcient temple, I could
not help reflecting how faithfully tho va
rnnis promi.scrhadbccirfu!tiilcd which
refer in the Scriptures to the utter fall of
liabylon, and abandonment cf tho place,
verifying in fact the wry words of Isai
ah, wild beasts cf the desert shall lit
hercrSir Robert her Porter
The Wandering Piper. ThU
eccentric individual who spent scv
eral years in the United States,' vis
iting every hole tod corner ia it for
the purpose' of performing on his
I'ipcs, and with a liberality, never
before equalled, disposing of the
proceeds of his exhibition for char
liable purposes, has returned Ao
England and published a Card. In
this he slates that the object of his
wanderings was to decide a heavy
warer which grew out of a contro
versy between t party of American
and British gentlemen, over their
wine after dianex, is to the relative
hospitality and liberality of Eog-
i '... ....
test the questir n, I. dctcrraintd l
theSui;:2 cfaPirtr tD virHp:
allv il.s couutriii m nn?ti- - . t
knew about re-visitiag pentons 0f
Lngland and Ireland, and when hi.
task is done, his name and rank are
to be ( disclosed. f He, states in fa
Card, that, in America, he collect,
ed 827,600 every cent of hjch
he expended or bestowed on chari
tabje Instituttoiis.--i?e5tftrr
AsnnoaouoH, n. c.
The Reformation going on. Van
Burenism seem j to be going dpwn vajt.
ly in New York, as well as every where
clse The lata Elections ia thaf Suts
have given tlie Loco Foco party a deatk
blow. Our intelligence, though not ot
ficial, and perhapa not fully to be depen
ded os, is sufficiently corroborated by a
torrcspondent of the INational Inteui-
gencer, to warrant a confident belief
that the party is fallinglnto bad odor at
home. '
jf"--'1-'-!'-'." -.fV'"':' 'v'" '-"1' '
The whig majority ia tho City of
New York is stated at 2887. Several
counties in the State are not yet heard
from. But so far as results are known,
the change against the Administratis
is unparrclled far beyond what we ep
pectcid. E vest the eoonty of Albany,
the immediate residence of tho IVesv
dent, has given One Thousand majority
against his measures, .
.YOUNG UESfrilVRUTYOV
M.1RRY?A to! the old votary k
celcbacy that hangs on the skirts of so
ciety, restmg in confirmed habits of
Bachelorism, we have nothing to say to
him. If he has proved invulnerable to
the charms and attractions of female
delicacy, much fess can" we expect t
reach him by argument. Little hte
remains but for the old Bachelor to t
in his tins, t y j , ,
But there is a generation of yotsx
men, now in the maturity of youthful
vigor, 'K whom we 'ask, feelingly waskr
why but you marry) ' The jocular an
swer is always ready yon .Ncant
anyjyt whcn if another were b
wliispcrjLabout that yoq "couldnt p
any body, you would feci H as aa un
pardonable insult" Tho truth however
of this jest will ultimately overtake you,
before you arc fully prepared for its sw
reality.
Generally speaking, t tnan ooght M
marry from 21 to 27 y ears of age K
he ventures to pass 30, wo call him en
the wrongVide of the fence It isno e
cuso that you wish to rove at large, and
ice the world, that you may be thsaxs
nsojful to society, Lctsocicty take cars
of itsclC Charity begins at home; oJ
your first great duty is to secure yoor
own substantial happiness
Young "men, the advice commoaf
given you is wrong. Yon are told.
If one young" woman slights your
tentions, nry another Not sot by &
means, you will soon get ont of crcfl
with the girls. Our advice W Ms f
and persevere. We happen just so
recollect an anecdote that may sens
here as a practicalUlustralion. A"J
dent lorcr had kmg, and,' si ii
atlimcsTlm
court the solo object of his aflccU0
At last in a hasty fit oC impatience, a
iezed tho Bible from a shelf, and raW
it in a swearing posture, cxcJaujaV
fcSo rare as there Is truth contained
this Book, I never intend to
your proposals of marriagol '
ro instantly seized the same
with no less earnestness rcpli 1-
sure asUiere bf truth 'contatari
. - - '" ' . it-