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-

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