North Carolina Newspapers

M i ; 1 r i r 4 v6l. xxiv SIEM, V. C.iMAY 18, 187G. 2YO. 20. " j. - Ct j topic's fnssr Marylandors taught tlic British regulars that the ! Ralnh Izard, who was brother-in-law to our "despised; provincials had leaned the trick of the former acquaintance, Reliccca Stead; ami oven L. V. & PUBLISHERS E. T. BLUM, AND PROPRIETOBS. TEUMSi-CVSII IX DVACE. On copy, one year. $2 00 " " ; six months............. ........... 1 00 j. three months,.!.. V 75- LIBERAL DISCOUNT TO CLUBS. The Eutaw Mag On the 12th of May, 1780, General' Lincoln. niter sustaining a close siege ot more than a a month's dnralion, surrendered .Charleston, with five thousand .men and four hundred pieces of artillery, into the hands of Sir Henry Clinton The dark cloud which had long been threaten ing Lower Carolina now settled like a pall over tlic whole State; and but for two causes the whole issue of the war might havo been chang ed. One of these was the severity of Cornwal lis, who succeeded Clinton in the command, and who by his unwise policy drove the despondent lieople to desperation ; the other was the indom itable courage and self-devoted heroism . of the women, which encouraged and strengthened the flagging patriotism of the men. iiio mill tia who had been captured with the city regard ed themselves as absolved from a parole whicl did not protect them from enlistment in the ranks of the Crown, and the irregular bands of . Marion, Pickens and Sumter received large ac cessions. Mill-saws wore roughly forged into sabres and pewter table-ware melted and bea ten into slugs for the shot-guns with which the men were armed. The British dared not forage . except in force, the pickets were shot from am bushes, ' and their Toryi alliesjiung whenever captnrcd. In August the disastrous battlo of Cauulcnulestroyi'd Gate's army, and the Con . grcss sent Greece to supersede hi.m. Making his head-quarters in North Carolina, .this expe rienced commander divided his force and sent General Morgant with about one thonsa"nd men, into South Carolina to harrass Corn wall is in the rear. The latter at once sent Tarletoa with eleven hundred jtroopcrs. 'among .them his fa mous Legion, jo cut off Morgan or drive him back upon Greene. In the latter part of l)ef cember the Americans were in the region of the T ' "TV? S O . , , . . upper uroau lviver,. in oparrannurg iusirici South Carolina, Morgan ihaving but one hun dred and thirty mounted men they could hard-; ly be, called cavalry among whom was Wash'1 ington's troop. - 1 It was; about nine o'clock on the night of the 16th of January,! 1781, that the little army was cncanipi d between the Pacolet and Broad riv ers, near a piece .Hannah's Cowpe for the elevation duces a. tempera a much higher. 1 rbanties protec the frosty air ot lnni, woodland known as ns. Iho weather was very-cold. of that part of the country pro rire equal in severity to that of ditude, but ticilh r tents nor ed the sleeping soldiers from lere and there :v rough .shelter ' ward the embers and tlicir of pine ltoughs heaped together to windward f the smouldering ,- had not been too of comfort ; but stretched out on camp-fires told of a squad who weary to work for a hitle show in i most cases the men were the bare ground. 'their feet to- bayonctj and decided the issues of the day; Up to this moment the cavalry, which had been iiosted in reserve behind a slight .wooded emi nence, had been chafing for a hand in the fray. As has been stated, these troops consisted i of McCall's mounted militia .and Washington's Light Dragoons. , Tho latter : wero nil ; well mounted and armed, for their frequent success rv u lr llrt it ? fm tirUli f 1 in- uMAntwu h.in r m vf X in uuoiiv.9 nun iiiv iijj 3 liwisunciJb Liiviil well supplied. They were a crock corps, and well ban they earned their reputation. Just as Howard's regulars "turned savagely on their disorderly pursuers and put them to the 'rontl a squadron of British light horsb made a dashjat McCaH, whose men were unused to tho j sabre, and had been demoralized by the first bavonet- ehargqof the encmv, which thev bad sustained on footl i Now was Washington's chance. f'An yon ready, men? Charge!" The woitds were scarcely off his lips ero the noble inaro which jio rrnle shot forward, touched by her Vi deo's spur, ; With a wild yell, which drowned the rcgntav cheer of the Knglishmcii, the men dasheii aftcjr their brave and impetuous leader, who was" ever JLlio first to cross a sabro with tjio enemy. f iBismg in his stirrups as tire-gallant clu'Stmitaiijswered the spur, Walter Peyton look ed backward, at the men as he raised the light staff of his jlittlo banner ami shook its foldsUo the breczeJajiiJl tho next moment; he "was close by the side of his chief in the very thickest jof the mllve.l (For a moment all was dust and confusion, for Tarleton's veterans Were not the men to jbjijak at the first onset, and they niet the furiouii charge of the Virginians with a de termination which promised a bloody and doubt- nil struggle. un sioui leuow, monnieu oi a powerful. horse, singled out the ynng ensign as his spettial huany, nit noticing, in his ardorito capture thq daring little rebel flag, that the trooer who rode next to it was tho gallant col onel hiinsejfj Reining back his horse almost utwn its haunches, ho had raised his sabre !in the very acit to strike when that of j Washington came down! with tremendous force, severing the muscles of Jus sword-arm, and at tho same in stant Peytonj for the first time observing his danger, dropped his rein and, grasping the flag staff with both hands, swung it full in the lace of his assailant- The man's horse shied vio lently hs tlio folds of the little banner, flapped across his eyes, and as his rider fell heavily from the saddle dashed at full speed through the British jllne. Already this had begun ito waver; anil, in another moment me paniciricK en troopersljWere flying in wild confusion toward their reserve. To" rally a body of , frightened cavalry is tio easy matter under arty circum stances, bn. when a determined pursuing loive is pressing "hotly on tlie rear it"4K'CO;me a sim ple impossibility- The entire cnmuiamr g:iVo n ay as the I fugitives .approached, ;and in little wl.ihs was in full retreat. Col. Washington, ja usual far ill ailvance of his men, caught sightjof the Britiil'ominander, who, with 2 of his aidqs, was ndeaoring to rally a favritt regiment, atnl willuult a' thought of support j pressed to ward the group, accompanied only by lYyti.n with ,I;me Kltiott's flag . and a little bugler a mere bovl who carried no sword, but , who had drawn a pistol 'from his holster aiid kept eldse t tlie clors all through the day. jj T.-irli-tou :i was not deficient in personal k'oitr age, and tiirtied to m.eet his old -enemy -in la haiiil-to-htind I neounter.The oftlv-er nearest General Washington had invitcil Admiral Fair fax to dine, on tho ground Uiat a state of war did not preclude the exchange of social civili ties between gentlemen who served under op posing flags. Mrs. "Elliott received the attentions of her daughter's visitors with dignified grace, but with a degree of reserve which it wa impsi-. bin nltoo-i.ther to conceal, nnd to which the offi cers had become ttn much accustomed to feel anv offence: while the young ladie drove the keerf darts of their sarcasm home to the feelings of their hostile guests, who were forced to sub mit to it or forego entirely the pleasures of fe male society. j XLiy I ask if Company K has been on duty at the picket-lines to-day ?M asked Miss Elliott of Captain Frazer, who had just sauntered up to her chair; . "May I answer the question after tho fashion of my ancestors." was the reply, "by :isking why you should think so?" Or ly lecauso you seem to bo suffering from fatigui', which a long march might explain. Fraier's coniD.nnv was notoriously a "fancy l. . - . ... - n corpsJ" wnose severest uuiy was grnciaujr i furnish tho guard at .Headquarters anu io- go through a dress parade every evening at the Battery. 'A l, no, but I have been on inpcction duty, and i :'s a bore, I assure you." "Ir epecting the flower-gardens, T presume, to hesu'cthat there are no mttle-snakcs under tho rose-bushes, or the milliner-shops, to sec that no palmetto cckadcs aro made. May I insistjupon a seat for you? Not THAT chair." she ajldcd hastily and with heightened color as the captain was about to occupy tho mutilated jfautcifil: "excuse me, but that is a 'reserved which old Stephen Mazyck, tho IIu gucnot. first settled, altout twenty-five miles from Eutaw and forty-three front Charleston. On the hanks jof the Cooper, amid the lovely scenes of Mag- j nolia," Charleston's city of tho dead, there stands a marble shaft en wreathed in the folds of the rattlesnake, the syuiliol of Revolutionary patriotism, and Ix-nealh it rests all that was mortal of William Washington and Jano Elliott his -wire., KouEirr wiijsos. THE EXD. . . Digest of N. C. Supremo Court Decisions. January Term, 1876. From the Raleigh News. State vs. W. II. II. Houston, tt. al., fromMcck 1 lenburg. A recognizance, conditioned that the defend ant appear at tho Court Ilouse in Charlotte on the trth Monday after the 4th Monday in March, 1875, is not forfeited by tho defendant's failure to appear on the 2J.I of February, 1875. Elisha Grady and others vs tho County Com missioners of Lenoir coonty. The creation or alteration of townships in the several counties of tho State, after tho first division of tho County Commissioners under Art. 7, see. 8, of the Constitution, is left with the Legislature. State ys. Adolphns Money. from Rnthcrfoid. Fees due officers of tho Court are vested rights by law; and nre not discharged when n defendant receive an unconditional iarton, af ter convk-tion and sentence, from tho Govern or of tho State. casdaipon appeal, and tho presiding Judge goes out of offico beforo settling tho case, tho only remedy Js to remand tho caso for a new trial. State vs. Robert P. Lowry, from Warren. Wlicrc. ''uion tho trial of an indictment In the Court below, the jury return a ccinl ver dict which is so defective that no judgment can be pronounced thereupon, this Court will order a new trial. Therefore, where A was indicted for retailing spirituous liquors by mcauro less than a qnart without license, and the jury returned a special verdict finding "that tlio defendant was not a regular dealer in spirituous liquor, but thai he made wino of blacklnTtles, in the uua! way. without adding brandy or whisky thereto, anil lcing of the opinion that wino so made was r.ot a spirituous liquor, retailed tho samo in quan tity less than a quart without licence, If the Court should iw of tlio opinion that wino so mado was a .spirituous liqnor. then the jury find the defendant guilty; otlM-rwie. not guil ty: Held, that whether the particular wino was a spirituous liquor, was a question of fact fur the decision or the jury, and that the jory had no right to refer Uw tarn to tho Court for new trial. William J. Exmn vs. Daniel Ogdcll ct. al. from Wayne. One. who has titlo to land Is not otopped from asserting the same against a arriiac from a third party for a valuable consideration, but with notlco of the defect in the titlo of tho vendor, although tho vendor claim titlo nnJer tho real owner. scat V" "Ah, I sec beg pardon," said iraser with a slight sneer, for the story of Washington's flag was i?enerallv known, and also Miss Elliott's aversion to the nso of tho chair by any British officer. "Sonicljody seems to have carried off the bAck ir that one." "When last heard from." said thclwanty with curlint lili. "it was at Colonel Tarleton's back." "Tarleton should Imj court-martialed for that affair at Cowpens." said Eraser with some warmth, and togeuing tno pronorcuscaiiio pic- pa red to take his leave. l eruaps apiain r laser wouui w ibus a habd in the 'affair' also." added Miss Elliott with a demure smile. This allusion to Tarle ton's wound was too much for the gallant enp tain. and again elevating the jxiintol his queue toward the ceiling.'. but this time without his hand to his heart, bo left the rom with a face somewhat rudder than his uniform. arms' wrapped up J with them in .-their tattered blanket.-, which scarcely served to keep out the cold. The .ular troops, who had seen some servieeTmight nave oeen easily uisungniiedjrom me less ex perienced militia by their superior sleeping ar rangements. Tjpro and jsoinetimes thne men wuUl lKiJorThd vrrapiieil in one blanket, "siHTon- hion' with another blanket stretched aljove theni on four stakes to serve as a teut-flv, and their fires were usually' largo and w ell covered wi th green branches to prevent their binning out too 'rapidly.- One and all, however, slept as soundly as if reposing on lieds of down, while the same quiet itars smiled on them nnd. the anxious wives ami mothers who lay waking and praying in many a distant home- In and out among tlie weinjl and shifting shadows of the outer lines the dim figures f the sentinels stalk cil with their oldi VQueenlAnno" muskets at the "right-shoulder sliift,", or trampt'd back ami forth along their beats at; the double quick to keep their blood in circulation. At a little dis tance from tho infantry icamp the horses of Washington's thjagoons and M'Call's mounted Georgians were picketed in groups of ten, the -'saddles piled together, and a sentinel paced be tween every two groups, j.whilo the men were stretched around their fires,- sleeping on their arms like the infantry, for it was known that Tarleton had crossed the Paeolet that day, and n attack was expected at any time. A party of officers were asleep near one of tho fires, with nothing, however, to distinguish them from the men but the red or buff facings of their heavy cloaks. . One of these layl with his face to the . stars, sleeping as placidly; as if his boyish form wero safe beneath his mother's roof.' One arm lay across h chest, clasping to his body the staff of a small cavalry flag, while the other stretched along his side, the hand resting uncon sciously npon a holster-case of pistols. As the him struck missed his sfd OKrteii who rode take that at Wasjjiriton as he paed. .Hit blow and received a bullet in his from! trie voting oiiglcr s p!toli j - j. crid Tarletoii to the other 'aide, ar hi'm. "a caotain's brevrt if vln s.word to.lieuev had reached the Br But it was to defend 3t aiiau is petticoat, pointing -with ti sauev little tl g. the story of whith i li a 1 1 camps. . ' : f no woman s hand which was tin and as the Englishman whe his horse for the attack Pevtoa s pistol lHslnbl almost in ) face, nod In: fell forward tin Uis charger's neck, convulsively clasping it as the animal ran wildly forward unguided toward the American' lines. Meanwhile,,', tho j two ;oiji mauders had crossed swords,1 and as both were -oh1 fencers, a duel a roulrawe seemed immi nent. But iarleton had no time for chivalrous encounters. j Hi' opponent beat down his guard, and with a-jsuddeu ihrnst wounded; the BritiMi colonel in the hainl. The latter drew - a pistol, and as he wheeled to follow his .flying squad rons discharged St at his adversary, the ball tak ing effect near. the kneo. The battle was nrtw really at an end. ami the pursuit was alKiiidoh- ed at this point. 1 ' As Waltey Peyton lay down beside his camp fire that nigjit it.i was with a hotly worn dovjn by excitement, and fatigue, but with H heart leat.ing high with pride as he looked at the fl.ig he had so gallantly d'fenU:d, anl remepibcrcd his colonel's! words of commendation, which lie more lhajn hoped meant promotion -to acaptaini's commission, ! . '; . I -j ' In the! city.of Cliarleston-all was gloom and sorrow exce tt in the little circle of society which lKKtstcd ii its loyalty to the Crowiu Scareelyjn family but had some representative in the Con tinental ranks, ahd as all intelligence reached tho citv thrdugh i British channels, ; the darkest side of every encounter between the armies wAs the first which the imprisoned patriots saw.4 The non-combatant memlers of nil the planters' families hadi moved in to the city before its ca- III. There are defeats which, are more glorious than victory, and one, of theso it was which, oh the 8th of Sopteinlx-r. 1781, gave to Jano El liott's flag the title which has. come down with it to posterity. In tho earlier days of its histo ry the sauey little standard was known to ll.e gallant men who followed it to action as "Tar leton's Terrpr." and sometimes it is even sih- ken of as "The Cowju ns Banner." But the namo by which its brave custodians most hive to call it is "the I.utaw Hag." It is hard to realize as one stands lie-idii the lovely fountains which flow to-day as they did a hundred or iHThaiw a thousand years ago, that close by these- placid waters Was fought one of the most ilesperate and bloody struggles of a long and cruel war. The S'inti-h and bream floated with quivering fins or darted among tin; rippling .shadows on that autumn morning as F we see lllcin doing now. 1 lie mocking-iurd sang atnolng the verh.iiigingbranehe the same varied song which gladdens our ears, and tho i - ' Samuel Fowler' vs Old North State Insurance Company, from Person. i In casoof tho destruction by fire of a stock of goods wlich the defendant bid insured for nnd on accoiut of the plaintiff. thf proper measure of damages against tho defendant is tho mark et value of the goo. Is, (within the amount in sured), at tho tiiuo nnd place of tho lire. Tlie failure f thu plaintiff to call as a witnes one who ws his clerk at the time of mch lire, to p'rovo i tin value of tho goods, was a proju-r subject if remark by tho connnd f the de fendant UToro the jury. Tho reasons of the idaintil" for not introducing the clerk were al so properly called to tho attention of tlw jury by his Honor, presiding. J James M. Foster rs. A. K. Parham and Frank .. I'm Boyd, from Person. J A tleed from A to B.. conveying a tract of land, "the waters of a dam; giving twelve fevt over the wheel to establish; the line," doe not convey a right to pond the water upon another and Afferent tract of A. distant thrcc-.qnartcrs of a aiihs from tho land conveyed, and separa ted t!ierefrom by tho lands of another jhtsoii. Especially :is this s. where tho parties to Iho deed luul no idea, and wero in fact surprised to find that the dam would pond the water uifon the second tract. j Such deed works no cstopin'd as to A to prc- Statc vs. Wilmington & Wcldon RVlroad Coni .pany, from New Hanover. Tho provisions of the act of 18.17. Rat. Rev. cliap. 101, sec. C6, do not apply to Railroads, Zee. constructed before its uotie. Tlic proviso to the 27ih section of the charter of tho U umington & Ueldon ILulroad Comivw ny docs not require the d.nimny to make unit repair brilges, m.-vlo neeearv by roads laitl out subsequent to the construction of said Itiil raid. . . . State vs. P. II. Ilodon. ct. al., from G nil ford. Win-re one against whom an oftVncw is alleg es! to luivc been comiuUlctl. Ii id not been i n dorsed as irtsecutor nion the bill of indi. t menl. the Court has no au'.horitv. after indict ment found and a not. ro. ri.tcrcL to endorse such lKTson ns pnt-Mtaitor. without his cou-i iil. and thus subject bini to tin; cisl f pncvutiin. notwithstanding the Sdicitor h id admitted that such prcscculion was fiivoluiis and lu.ilu ioiis vent him from recovering jurj arising therefrom. a magus for the in- ssiuicrs of Craven in t!uv glare of tho neighboring lire played over his ptulatiop, ahd while the ladies per netted the features it was easy to recogniaj Walter Pevton. guarding faithfully, even! in his sleep, the ban . ner which Jane Elliott had cut from her motJi r's parlor fauteuit, and which had already be come known tp the enemy." A rough log cabin stood a little way from tho bivouac, before which two sentinels in the uniform of the Continental regulars were pacing up and down. The gleam of tho roaring ligjitwood lire flashed through the open seams between the j logs, and heavy vol umes of smoke rolled out of the clay chimney. Just in front ot the huge'j fire-place stood the tall, burly figure jof Morgan, and near him wero grouped visits and acquaintance of tlicEnglish ofliccrs. they never lost an opportunity to show them how hateful; they esteemed the royal cause, j It was nearly a month after the victory at tlie Cowpens that Miss Elliott was sitting with hefr mother jonc evening in the parlor of their city resider.cp.i I Conspicuous among the furniture was a "large nnd Comfortable arm-chair uphol stered in! he.'.vy crimson silk damask, but whie everything else in tho room was neat and even elegant, jthis chair appeared to be more fit far the'luraber-closet. then entire square of silk haf- in" been cut from tho back, leaving tho under- 1.. .1 1 r.It-. wiiii deer men. as now. i iv peaceiuiiv shady coverts of the neighboring woods. Who knows what tlioy may have thought when they la:irl their only enemy, man, ring oat his-bu-gle-call t slip the war-dogs on his fellows, or when theisharp crack of the rifle" told them for the first lime of safetv. to themselves and of death to their wonted destroyers? Already had "Light-horse IIarry"-Lcc struck the first blow victoriously in the capture of Cof- hn and the diseomfcituro of his force. Already for several hours the old black oaks hail quiv ered iM-nealh the thunder of artillery more fear fully destructive than that of Heaven itself as Williams hurled back from his licld-hattcry the iron hail with which the enemy strove to over whelm him. Already had Howard's gallant Marylanders, the heroes of the Cowpens. cross ed bayonets with the vetertm "Irish Buffs" and forced them in confusion Troiii the field. Ma joribanks, with his regulars, grenadiers and In fantry, was strongly jMisted lx hind a cojiso too dense to bo forced by cavalry, and yet to d.s hxlgc him was Colonel Washington's special duty. Pointing with his sword toward a nar row passage neir the water, bedashed tho spurs into the flanks of his gallant mare nnd called on his men to follow. There was a momenta ry pause, lor lin duty was one oi the most des- eratc character, out ua plain 1'eyton snatched the little banner which he had carried so long from the hand of the sergeant who had succeed ed to its charge, aitd j raising it abovo his head spurred after his leader. As tho silken folds fluttered out on the air a ringing cheer went up Irom tlio troop, ami tno wnoie unc, wiiceiing into sections so as to jkiss through tho narrow ran. dashed forward ; as one man. It -Was a An: os Wado vs. tho Comm count v, Irom Craven. Tho subieet of taxation is; regu'ated entirely by 'statute, and the revenues of this State are collect ml under the oeration i;f what is known as the machinery act. i The County Comniisidonvrs have exclusive original jurisdiction to grant relief against ex cessive "valuation of property for taxation; and from their decision. uhii a jicfuioii for that jMirjiose, there is no apM-.it unlos it apjN-ars Irom .the facts ft.nml by tbejii as to tho valua tion of pnqcrty that they have proceeded njioii soma erroneous principle the statute gives no upjieal. r the reason that nst B to recover a -d, in earnest consultation, the manlv fi- lining of coarse striped cotton exposed to view. ure of William Washington, the brave and The tones 'of, the curlew or "hrst ueii. which i t t -wW . - . i .mi 1 i .1 r i ; it. - . .1.1 kmUtly John Eager Howard of Maryland, McDowell, Inplett, Cunningham and other of ccr of the field hnd staff. Determination not unmingled witli gloom was visible upon the faces of all. Evory arrangement had been made for the probable fight of tho morrow, and the council was about to disperse, when the silence of Jtbe night WAS broken by the call of a distant sentinel, taken up and repeated along the line. Morgaft instahtly; despatched an orderly to the bivouac of the gard, and the party were soon cheered by tho intelligence that a courier had just arrived who reported tho near approach of Pickens with three hundred Carolina riflemen a timely and valuable addition to tho little force of patriots, j . , The first gray pencilings pf dawn were scarce-: ly visible when tlie slumbering camp was rous ed by tlie rolling notes of the reveille frorb the - drum of little Solly Barrett,f the drummer-boy of Howard's Maryland Regulars. Fully refresh ed by a good night's rest, the men prepared and ate their breakfasts with but little delay, and by seven o'clock the entire force was in line of battle, atvaiting the npproach'of the enemy. T Tarleton, flushed with tho assurance , of easy . victory, had made a forced march during the liight, and his command was much jaded when at eight o'clock he camo in sight of Morgan's outposts; notwithstanding this, however, he determined, as was fully expected by those who knew his disposition and mode of warfare, to at tack tho American lines foothwith. It must bo leLbjia historian, to tell hbwXhe battlo raged with varying fortunes until Howard's gallant This field relic of the Revolution is preserved by the,Wa8huigtoiv Light Infantry of Charleston, Honnj-CaVollrta. It was borne by CoXonel.WiUiam w wHimgiou s corps at jowpens ana HiUtaw t "Sally " resided for many years after the war at E aston, Maryland. A good portrait of him is still mere. . may still bo heard nightly ' in tho seagirt old city, had just died away when a loud rap canlo from the heavy brass knocker on the strect-doo(, . . i - J 1 Hill , . and in a lew mometils old uiuy appeared to a notmcb .VCaptain Fraser." ' A look of iS slight annoyance passed over the face of the elder lady as she arranged the showy ruffles lof her cap, while tho deepened 'color and sparkling eyes of the younger, with the almost imperceptible sarcasm of her smile, seemed, to indicate imineled pleasure, delianco and; conj- temptj iThcvisitor who entered was resplenj dent ih the gay scarlet and glittering lace of the British uniform, and his redundancy of ruffles', powder and sword-knot betokened the military exquisite, his bearing presenting a singular mixture of high breeding and haughty insol.encq. With his riffht hand laid upon the spot where his heart was supposed to be, while his left daintily supported the leathern scabbard of his swordi he;! bowed until the stiff little queue of lis curled Wig pointed straight at the heavy corr nice. ! Ihe ladies swept the noor wuu uieir graceful courtesies, that of tho younger present! inr the least touch of exaggeration as with fold ed arms anid downcast eves she sank backward Ixiforc her guest. Another KnocK was near:, and when tluji names of three more of garrisont omcers wee announceu, jjuss .iuoit wnispercu a hasty message to some of her fair Jnends in the neighborhood to come in and help her en tcrtain themi These impromptu parties were quite common, and in a.liltlo whilo the roojii was sparkling witli Ijcauty, gallantry nnd wit, It may seem strange that the patriotic belles o tho day. the fair Brewtons and Pinckneys and Rutledgcs. the Ravcnels nnd Mazycks, shoul have cultivated such pleasant associations witli the enemies of their . country. But among the officers' they had many old friends and acquain tanccs of ante-bellum days, and not a few mart riageshad established even closer ties. ;Thus, Lord Campbell, the last royal governor, was husband to arau Izard, the sMer of oencral H I , - . - " ' - - - - - - -. i - daring attempt, and terribly did mcy pay lor their audacity. A perfect storm oi bullets greet ed the brave Virginians, and nearly one-half of them went down, liorse and man, beneath its fearful breath ere the other half wero in tho hiidst of the enemy's ranks. Those Wero days when a certain simplicity of character made tlie soldier believe that bayonets and sabres were terrible weapons and meant to do terrible work. No rewards were then offered for "a dead cav alryman" or for "a bloody bayonet.-' There were cloven skulls at Entaw as at Crccy, and men were transfixed by each other's deadly bay onct-tln usts. As Washington, maddened by tho loss of his brave troopers, swung his sharp blade like the flail of death, a shot from tho musket of a tall grenadier pierced the lung of his noble bay, nnd as the falling steed rolled over on her gallant rider tho man shortened his musket and buried tho sharp steel m the colo nel's body. A second thrust would have fol- owed with deadly result had not tlio British maior, MajorioanKs, seized tho arm ci tho sol dier and demanded the surrender of his fallen and bleeding foe. The tide of battle had reced ed like some huge swell of ocean, and as tho wounded hero struggled to his feet ho found himself surrounded by enemies, to contend with whom would havo been folly, Inrning his feeble glance for a second toward the rctrcat- ing remnant, of his sha.tcred command, lie caught a glimpse through the smoko and dust nf his little-flag fluttering in tho distance, and fast receding toward the point whence Hamp ton's bugles were already sounding tho rally. Neither William Washington nor his "Eutaw Flag" was ever again in hattle for the country, for the captivity of the former terminated only with the war. and tlie latter fades from history from that date until, in 1827. Jane Washington, for seventeen years a widow, presented it as a precious inheritincc to tho gallant corps of Charleston citizen soldiery, who still guard ats folds from dishonor, ns they do tho name of tho kni?htlv oalad in which they 'bear. Tlio wed- Samuel H.irker vs W.'L. Artndell, from Carte ret. S ! A brought an action aga horse, and the Sheriff replevied the horse, but deliveied him to the defendant again upon the filing of tho statuary I mum! jby C. from whom B claimed title. C. was nA .made i jurty to the action. UMn the trial there was a verdict for the plaintiff, ami the Court gave judgment against the defendant for tlio recovery of the horso and damages as ase'sd by the jury. At tli-?- sanio time the Court rendered summary judgment ngaint tho parties to the replevin lMnd. li. then ,lilt an alU.lavil. alleging uiai he hail refused to tile any Imad for Ihe re-delivery of theliorse, ami haij informed C that he would not defend the suit(; nd that unless C lN-eame defendant in his stead he would deliver the horse to tho plaintiff, and that ho nyido the same statement to the plaintiff; that it was un derstood ln tweeii A, B ami C that tho suit was no longer to continue ngaiiis B, but that Cwas to become defendant, ami ui consequence of this understanding B did not employ counsel, nnd did not know ho was stfll a party to the suit until ho came into Court ns a witness in tho cause. Uon the filing if this affidavit.it .as ordered that no execution issno UiHui the judgment against It until lire further order of the Court. Upon an appeal to this Court: 11 was IIClO, l. A oab uiuiv mnis no i inu mi the Court below, rendering shramary judgment upon tho replevin bond; and: 2. That tho oifler of tin) Court staying exe cution on tho judgment against Ii was error State vs. Jerrc Rorie and Patsy Rushing, from Kuhmoud. , A prisoiuT under arrest, on his preliminary cxmiinatiun. was bud bv the commuting mag i?trate that he was ch irg-tl with silling tolcu corn nnd that if ho wanted to tell anything, he could do so. but it was jut as ho clh-e: livid that the sl iteinent lln-n made by the prisoner. and reduced lo writing by tin magi-tritr'. was not admissible in evidence on the trul in the Siqvrior Court; for the reason lint the prison er had not liecti -a:;!Mne! as provided b-r In w. -M. chap. 33. Rat. Rev.. :rtnl had not U-cn sufficiently put on his guard. That the -tatcnu nt of the prisoner was in tin nature of a t1ei.nl. an. I not a rnrcM"n, in id tut difference, nnd it was not for tlio St di to say that such declaration did not prejudice the prisoner's case. Owen M. Allen and wife vs. Win. J. Bowcn.it. al., Irom Washington. . A limitation bv deed of a tract of land Iving nnd lcing in the npj r part of the C. L. tract. which we have drawn agri-cable to the livinn that has U-en in oh', and if said division hall mt t:md. Ihe understanding is tint we s-!l all the right, title and claim that wt havn in the lands of C. U., deceased, unto the said W. B-. of the second p:.rt. and by tlie,e presents hath lurgainod and soM and conveyed our land or right aforesaid. vhii-h wc do warrant and for ever defend. And we. T. P. and E. P.. his wife, doth for themselves, their In-ii and as signs forever, clear of all tin? cncninbrances w hatsoever," is clearly intended toconvev. and does convey an otate in fee simple to the b.n- gaince. Indian Traditions. Tho tnulition of tho first landing of Indians in tho New World lui lecn repeated to clioscn. braves over and over from ono generation l- ' another, and to this day tho 'Osages Imvo what . is upjx$cd to bo nearly tho original lingua go ! of tlicir ancestors. Tliey claim that their pro- genitors came in an ark or boat, and wlulo in, the vessel the Great Spirit came ad rested up on one of their number and told him to select six others to nisl him in governing his nation ; hence the origin of the. seven original bands of the trilio. Th Spirit, while in conversation, with this favorite one, directed him to commu nicate w hatever Instructions he received for His people through his chosen a. ii slants, nnd lo this day the namo of tho one upon whom tho Spirit rested signifies one who talks wiihtiod. 1 1 is lodgo is a sanctuary for any criminal w ho may flee from justice or vengeance, anil no ranks with lho highet chief in the tribe. Ik-fore they camo in contact with tho white people they liv ed in the enjoynnnt of peace and happiness but they arc now realizing tint wlulo people are as numerous "as lcarcs of Uie forot, ami that they only constitute a remnant of this onco powerful and warlike tribe, ami-are allbe mer cy of tho white race and liable to be driven lwckward step by step Into tho waters oi tho occao. ll.eir religion tcnus ia give mem a gloomy and melancholy cast of character, and among other things they believe tlat tho spir it of the demrted hoycrs In nnguisfi around them until a scalp is taken to accomjiany it to tho Indian s last resting plncc. tlio great bunt ing ground, where tho spirit ol n tilam enemy serves him in the most servile ofSces Ihrongh- outctcrnitr. tor tins imrji-s, Uiougn inucu has been said and written about the civruzaUoa of the 0age. they yet org:nize mourning par- ties anI go iion ihe war pain wuicu ouicrwiso they aro caceablc. TIhmicIi at first thought it may flnko tho minds of our renders as almost incredible, Uicro arc Masons sraon Os-ages. 11h-j wi re proba bly admitted to th secrets, rites, and privilege of this ancient institution by the rcnch. tit early days, they U ing the tirt whites with whom thev rjit. Ibcy retain a part oi win kings of ih craft this day. Col. J. M. Hiatt. a licensed trader . lor the trilie nl this . m . 1 1 ngencv. who is a geiuienian oLCUimroanu ar eiiien"c, and nn honored . meniir oi the Coinniandcry. w hen alone on one occasion with a nifro than ordinary Intelligent CKige, found, upon strict trial, though the Indian could no. Iik a. word of oor I ingnige. l!i it he was a MaUT Mason who prided htmcU in Uie mys teries of the Order. Their so-call.-d "medicine work" is simply the m rfornnnco of a religi-Mis ceremony in which is introduced all fonn dciivcd from Ma sonry, trsuliti.n ami other sources. Thero aro grades in rank, or legrccs. as in M.-wnry, and the ccrcmotiie ot inlro.1 action and advance--ment to the higher degrees are asrlalioralo nnl iiiipicsivcasany in iho world. Ituliatt lUraid. Sam'I P. Forsvtho vs. Ilcitrv A. B il'.wk, from Granville. ; 1 In a summary pncceding, under ihfl provis ions of the I.an.llord nnd Tenant act. the tenant mav si t nil in his answer any equitable dvfence which he may have to his landlord claim; and if such defence involve Ihe title to real c- ite. a Jutiee of tin Peace has no iaris.;ctiun tiH-reof. and sliould dismiss the proceetling. llierclore, when! A instituted nunmiry pro ceedings under said Act agnnst B. who ottered lo pnvu that the deed under which the plaintilT claimed title, although executed bv binm-if. md altsolnto uion its f.ici, was iit fact. intenleI as a niortgago and ih liviTetl as sneh: It w.n held, that iiHn apical frm tlie court of a Jus tice of tho Peace, the Court "xlow crred in ex cluding cviilehct! teniling to show that Said deed . r . . . . . . was intended and lietivered v oinTaie as a mortgage, ami that the proceeding hviM lnve ln-cn dismissed for want of jurislictiun in thu Justice of tho Peace. i I Stato on tho relation of Jarfes Campbell and - others rs. J. J. Wol fended and others, from Craven. I J Tho Judgo below erred in granting an in junction, by which tho iersons in tosscssion of the ouiiors oi layoror Aiocinen oi n cuy. ami actually jwrforming the duties of thoso ufiiccs, nre r'cstniincd from all official acts. It is not sufficient to allcgn that tho persons filling the offices wcpo not n'gularly or right fully elected; but it must nlsji appear that they aro abusing or about to abuse their possession of oflici al power to Uie publw injury, amUhat thta public will sustain no damage by the sis uension ifor an indefinite tinio of all the city government. Names of Countries. Tlie following countries, it is said, were or iginally ntnicd by the Plnrhici.iu. the greatest oomniervinl wople in tho world. Tli-name in the nmniciin Ianpiago signify soaiclliing ch iractcriilic of th-i places designated: Ei:ropo signifies a country of white complex ion, so n?uu-d In-cause ihe intnldtant s wi re m a lighU-r complexion (Inn those of Asia or Af rica"! Ana sJgnHios llw cn. or in tho middl". from the f id lint geographer pl-ies,l a U lnroi n Eunpo and Africa. Africa ign'i'"l the land of corn cats, it was ct !-i.riaii lor its niHimnmu of corn and all sorts f grain. -Six ri signifies tliir-ty or drj- very cJnrac'.cr&stic. pain. a country of rabbits or conies. It was once si in fested with thfss aniui ils tint they ncd Augus tus f-r an army to lej.'xoy "ilorm. Italy, a country of pilch, from its yielding great quanti ties of blick pitch. Calabria, also, f ir Uie miuo rcaon. Gaul, niierii t nnce. signifies yt-Uow- haircd. as yellw h air clnractcncd its inlnbi- - - ..a - -IS t mts. The Knglisii lor u.ilolnia w a mgu ion. 'lliis was ' rngied. mountainous province in Scotland. Hilternia is utmost or last Iniatalloo ; for licvond this, westward, tho lha-nici.nvS nev er extended t!ieir voyages." BriU:o. tho coun try vt tin, great q i uitities U-ing i.nind on It and the adpeent is! -in-l. Tlie Greeks edlel it Al bi.Hi. which signiii-d in the llia'alcian tonguo citlicr whit'- or high mo-intalas, from the white r.i of its shore r lh high rH-ks on tho west ern coast. (ric:i -lgnitics the f.mt stcjs of men. which it- n s inblcs. Syraciso signifies bid savor. enilcl from tho unwboleonio imr-h on which stir,.l. R!io.b-. scr)cnU r dragon, which it prixl iccd in abundance. Sici Iv. The co uitry of grapt-s. Scjll.i, the whirl lo.d of destruction. .l.:na signifies a furnace, or d uk and smoky. fcdinyc. John Hall vs. tho Board of Commissioners of Guilford county, from Guilford. Sinco the adoption of tho C. C. P. evidence is admissible in an action oh a IhmhI to prove mistake or fraud in the consideration thereof, for the purpose of reforming jthc bond in order to show tho amount justly due. Therefore, where a settlement was made be tween a creditor nnd debtoj", giving several bonds for the balance due, some at onetime and some at another, in an action on tlic bonds. mistake! in the consideration having been al leged by tho defendant: It was held, that tho Court below erred in ruling that unless tho de fendant could show, not onlV the mistake, but in which particular bond the mistake was cm braced, the mistake would not be nl lowed : It was further held, that fraud ia the bonds would not render them altogether void ; j I E. M. Adams vs,R. E. and M. Davidson. Where ujon an appeal to pears that the appellant has nnd serve upon the appellee caso within the time prescrilM-d by thu statute and objection is taken by the npclleo on that ' Pigeons for Fanners. J ; Farmers are apt to regard pigeons a very destructive to have around tho f irm and hay they dig up the grain jand cat it. thus ruining tlic crops. This is a prejudice entirely without foundation. Pigeon's bills arc not milcd to digging; neither would they have sense enough as they aro preeminently himb.' They will of ctuiise, cat the grains which lie uin the gronnd. but thco. of course would waste or lc picked up by other birds in any co. i The fir mer has splendid clianc- to breed pigeons. He can fix up a corner of his birn-h-ft with little trouble, and letting IIkj bir Is fly they w ill pick up their own feed irr summer' time. I They re quire coniarativcly no care ith loft need l Cleaneti oniy twice a year. d nco-iem wnw or lack of success is that farmers, instead of fixing nn a small l ift with ncts inide. nail boxes to tho sido of the barn, and here tin squaltt. being exposed to the inclemency of th weather, necessarily penni. in nmur w Ingeons will feed .with tho joiiltry. They will recd on an average eight or nine pairs of young a year, which will find ready market when lour weeks old lor hlty cents er pair; in winter wventy-five cents. If tho stock con sists of Dutchic or common runts, wliich will cost $2.oi ivr viir to start with, sq-iah twiei? Uie size of common ones can bo raised, nnd w ill of course command ranch higher prices. Breml- in" birds of t':o common variety cost only Id 's . .... -. ty cents jmt Kiir. and will pay lor Uiemuives within two iuoiiUh. 1 A Warning to Illicit Distillers. ili.irl-.ttc I.-mtt. Tlie f.,11 iwlng npiears in the Grecnvillo (S. C ) Diily .Vcr.t of tho 2nd inst. .Tlie Utter of warning" emanates from antl is sigtiol by Uiirty illicit ilistillers from lh mountains ot Gre-n- viHe. Sir.irt.tnb.irg, and Picki-ns co'Witics, . U.. arreste.1 daring tho winter, recently convktcil in tin I.'. S. Ciremt d irt, and sentenced to Im- prisi nment in th Albmv Penitentiary: Iiio advice sliouj.t :il lie li-cdcd by crons m We-ti rn Norl& Carolina who crsit in violat ing the Revenue I. tws: PRISONERS' APPEAI CliAKi.rsTox Jaiu April 20th. 187C EbiTou Dlt.T Ni:ws:-r-Wc, as prisoners in Clmrleston jiil. do carn-st!y bog 11 ir inoun- . .... " . t t C. Reeves, from this Court it np- railed to prep.iro i statement of the tain Uie friends to quit stilling, -mid never vU Revi nc.f Laws a gain. We have a lng oiaio and weary impriHnment to encounter. Tlie information wo have rcceivol l.thatthe TriitiNl States authorities intenI to put it ibiwn If ouc fi 'lends will quit aid not coin inrr.ee any more, we may He pirdon-d. Ia I the npwiitam county refl-i t on m jor distressed prisoners, Sentenceil for two and fmr ynrs. Mny help them to qui and not oninm-nec again. If tln-y ds. tb.-y Irani pie uiu us ami upon ir jKMir wivr ami r!ttlrMoi,lr'ii. l f to the trials nod troubles ,f a lnr-l wor! 1. 'V,s say t our" friends in the r.Auntain. if they arc caught tilling afu r tbi. lh-T will lio lmpri.ncl from four to eight year, n nl w carne:1y tieg tlwiw on their own aeeoiint and on account of our poor i wives and children t stop it. We are willing in take an oath that we will rever still ng lilt agriinst the law. We peopl- living in lh? moun tains did not know, as w h ire sin. learneil. that any liody nwil I still as i b.-ap by Ur ttw against" lh? l"iw nnd we ought not lo uff. X hTn". (Jed helo or.r wiv? ni.l little children. " Geo. Y. Sornir.KN and Othfj;s. din?r was celebrated soon after tho establish- ground, the appeal will Ihj Uisnmsed. ment of peace. Major Majoribands cscaicd tho thero has Ikmhi a1 waiver of tlic irregularity. carnage of tho day, but ho lived not to deliver Upon amotion to dismiss Uw appeal in mch. his distinguished prisoner at Cliarleston. Sick- case, this Court cannot hear bontradtetoy cvi- eningbn the retreat with the deadly malaria ot dence, nnd the motion will bo. allowed if Uio the Carolina swamps, ho died near Black Oak. waiver is denied, unless it apjnar from tho nffi- and his mossy gravo may be seen to-day by tho davits filed by th appcilco that there has been road sido, marked by a simple stono and pro- such waiver. tected from desecration by a wooden paling. If in such caso there lio a waiver. ar.d the It stands near the gate of Wootlboo plantation, parties fail lo agree upon a! statement uf the The JTamfi-FAS Snrr. Tl.crc Is in Cluna a remarkable pcoplo known as the 'Nameless Sect. Thev Profess "an old religion." which prevails more or less all over Chint. b it ep-e-ially in the province of Shangting. 1 DNlikcd and" pi-rsecutiil by tho civil author it"is, they havo for a long time endeavored to keep their beliefs and practices ccnt Th-ir n ligion is sid to have comu from the Wot. wh.-neo al thev expect a deliveier. They iIj .not worship idols. At the close of their religious services unless i they have a meal, of which bread and wine f.nu the greater part. It is tlnMight that they may bo the remnant of iho native chnrcliea plantnl ccnturiea ago in Cliiua by Nrslorian missiona ries, who nre said to liavo preachcl Uio gpcl for nearly a thonsand years through Southern nnd Middle Asia -iviUi marvelous -nergy and success, nnd b have exertetl a powerful Influ ence in China for upward of GOO years, fronrrho thirteenth century. . Os Tin: Cci.tcuf. or CAr.UAC.r- The ques tion is of freq-n nt occurrence why ranm-l ii va'c familh-s h ive b-rd cabbigo as i-.irly llt markrt gardener? Simply ht of the im perfect cultCiru and inailTieient manuring. Tlio nnrki t g irdein-r fowls his e.ibb ig crop wiuWit stint, and with the rankest Im-I; frepi-nllT plo-ighs in Uk manmv in the antuam. turns it ot ;n ii.r, S,,riB. no. I th-.rou-h! V inrioratrs it with tho soil plants any. i-.'.tia!i- dcrplr. not simply tickling the Miif-ice w -V !' u-nl. line, but Ues the phmgli" aad ll.O h ir- I.; that cannot nlwavs be done in Uie iinjirauvc Iv small f-mily garden. I -at Uk jale ran bo used, and lint U the next l-M thing. I So It freIv. tli: derii. and Uie lhoe wlnihavc heretofore alone. fxtnlrcih's J2cj. re nil wiii surpris niicU upon the boa Th Concord jVt is glid to report Uiat mu ii larger amount of grasses luivc been w0 in that section Uiis year Ui-iu ever Lcfvni: