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About The Washington news. (Washington, Ga.) 1821-183? | View Entire Issue (March 23, 1830)
rOREIGNf j Roman Banditti. —There is now | in one of the prisons of tiie Human Government,, a celebrated chief of banditti, pained Guspuroni, who - is accused of 143 murder?, lU3 of which he confesses. The.first crime of this person was a murder, committed when he was only sixteen years of age, on his Parish Priest, for refus ing him absolution for a theft. At eighteen, lie distiygusihed himself in a skirmish with the police, of whom he kille,. twenty, and was elected captain of the band which he served, and the numbers of which he subse quently raised to two hundred. A inongst the most during exploits of this baud, jMrior to their bccomming so numetuus, was the storming o.f a convent of nuns at Mount Comedo, in the middle of the day, and curry ing off 43 young girls who were there! for education, and whom he selected from the others, having previously obtained information their parents were in circumstances to pay a ran som. They were kept ten, and some even twenty days in mountains, where (to his credit be it spoken) e very attention and respect the situa tion and their safe keeping warrant ed was paid to them. The ransom demanded for each varied from two hundred to one thousand dollars; and for which lie had the courage, such was the terror bis name hud ac quired, to treat in person his name had acquired, to treat in person ; no one dured arrest him, for the fear of of the consequences.—What is most extraordinary in the life of this mis creant, is lus strict attention to the outward forms of his relegion ; his person was nearly covered with cros ses and images of saints. 11c (as well as most of his companions,) at tended regularly on the festavals, ne ver once committed either murder or robbery on a Friday, and always on this, as well as other vigils, observed a strict fast. A priest was compell ed to confess them once a month (who of course, from terror, gave them immediate absolution,) and one of this order was at last the means of bringing them to justice, and des troying the band. On returning once to the mountains, after a severe en counter with the gendarmerie in which he had been worsted, and one of his best men killed, he found a bis hop and a friar who had been taken the day before, and awaiting his re turn to name their ransom. Irrita ted by the loss he had sustained, they were immediately ordered before him, when he declared to the Bishop, that the only means of preserving his life was on his knees f to deny the existence of the Saviour. The Bish op, seeing no means of escaping death, complied; on whichGaspuro ni observed, ‘Wretch! thou art un worthy to live,’ and instantly stabbed him to the heart. The Friar was next ad plied to, who seeing the mur der of the Bishop, and hoping to u void his fate, peremptorily refused to deny Ins Saviour. The bandit’s re ply whs short —‘Thou w ilt be an ac quisition to heaven, and may save the Bishwj.’i soul from purgatory. This world is too corrupt lor thee ; and presenting his carbine, shot him dead at his feet. From Havana. —By the schr. Betsey, Capt. Sydleman, from Ha vana, the editor of the Charleston Courier has received files of papers & a Price Current of that place to the 38th ult. We learn that a conspiracy in favor of Mexico, had been disco vered in Cuba, and that about forty persons supposed to have heenen- i gaged iu ft, were arrested. The Havana papers of the 27th contain a proclamation ol Gov. Vives, issued the day before, to the inhabitants of Cuba, assuring them of the affection of t heir King, and reminding them of the great advantages they possess in the peace they enjoy, in the pro jection of their wealth, and in the rinses of their agriculture, but at the same lime declaring in indigtiunt Cerms,tln.lt whoevershould bedetec-; •teu :•* any hostile measures against the gove'rftgient, would most assur edly be punisasd for their trechery. Mexico. —Accounts from tyeruCruz to the JOth, and from Mex ico to the 3d ult. have been received at New Orleans.. Order had been restored in the republic, with the ex ception of the State of Yucatan, which persists in calling.for a central government: a man named Joseph -JSeirond Cun ajal being at the head j of the malcontents of that State, I Gen. Micray Teran, Minister of j i War of Bastninente, had l been sent! 1 to the Texes, charged with a private mission. The Minister of Finance, Mangi no, has addressed to both Chambers of the Republic a long speech, in which he makes known the deficien cies of the uutionul treasury, and ur ges the necessity of adopting ways and means to replenish it, in order to protect the Republic, which is threatened to be invaded by a band of adventurers from the North who are aided by t\e United Stales ! The E ditor of the New Orleans lice con siders this a mere ruse on the part of the new Minister, to get money. A meeting of the physicians of Montreal was lately held for the pur pose of establishing a uniform sys tem of charges for.professional ser vices. After mature deliberation, j they resolved to adopt the method pursued in the West Indiesnud some parts of Scotland, Viz ; to divide the community into three classes, accor ding to their pecuniary means. —The averages agreed upon for visits, are from 5 shillings to 2s. lit/.; for visits, in the night 3th,. to 305.; if detained a whole night (iOs. to 30*,.; by the hour at night Jss. to 55.; consultations 205.; advice at home 10s, to 3s. From II vyte —.vceounst received at Baltimore from the above place state that the reported demand by the King of Spain to the Haytien go vernment, to deliver up the Spanish part of the Island is correct.—A pro clamation of President Boyar to the inhabitants of the Island, calls on them to tcsi&i by force any attempt to carry *cli n demand into execution. The Bp. Frigate CasilJre, after landing the envoy Plenipotentiary of the King of Spain, at portan Prince, sailed again on the 3d. Feb. and it is stated that on leaving the harbor, she was attacked by two Colombian brigs of war, the issue of which was not known. Extract of a letter dated Carracas,, Feb. 1, 1830. “Every thing goes on well. The whole <Tf ancient Venezuela has de-] elared against Bolivar. Muruycabo 1 was the last, but she at length deelar- J ed. There are upwards of 6000! troops on the Tuehira, the divisionu- i ry line of Venezuela undCundiimnia ra, under Marino and Maseru—in Valencia, there are ulready upwards ! of 4000 which, with 2000 more coin ing from Maturin are to march im mediately under Bermudez. Pena is apppoitud Minister of interior and justice, Lrbaneja of Forei^r* l Affairs and Soublette secretary of j of War and Marine ; Santors Mich- 1 clenu is under secretary of fnate ;! l,ccunu Intcndant. Congress is tot meet at Valencia on the 30th April.” j The extra expense occasioned to] the city of Paris lor breaking and carrying away the ice from the streets I and public places was ff)o,ooofr, m January, February, 1826, in Jan., | Feb. and March 1827, it was 163,-! 000ft'.; in the following year there was! no winter; in Jan., Fob. and March ‘ 1820, the expense was j OO.OOOfr.; The present year the weather began i on the Gtli of December, and ihe cold continued to augment, and a great, quantity of snow having fallen, no j less a sum than 149,0001'r. was ex pended to the end of December a lone for labor and transport iu clearing away the ice. Information, from a highly res pectable source, lias reached this U stand, that his Majesty’s Government haye under their serious consideration the practicability of purchasing the slave property in the West Indies. To effect this object, the proposition is to find all duties, arising from col onial produce, for six years, and to make up the defalcation of the Reve nue, for the three, by other means, and they have calculated that the 800,000 negroes,'attached to proper ties in the West indies, will, at a va luation of ,£SO sterling enable them to pay that sum off at the end of five years; and t lie amount of taxation, for the sixth year, will be sufficient to pay the same valuation for domes tic slaves belonging to towns <fce, Kingston Jam. Chronicle. Gipsey Wil.r-r- A short time since two young ladies, near Camberwell, were accosted by a gipscy woman, who told them that for a shilling epch, she would shew them their husband’s faces in a pail of water, which being brought, they exclaimed. “ Why we only see our faces'.” “Well,” said I the old woman, “those faces will he 1 your husband’s when you are mar- i ried.” I Judge Cold's Decisions. Littkeberry Philips j Respondent j vs. i See the same case, James Hkarb, Admlnis } published in our traior &lc. of I LAST’ Jkssi Holloway, Di ceuied, Appellant. J Since my order passed at Cham bers, on 28th May last, I have been furnithed with the affidavits of the appelunt, Jesse Stanly, William Broun, and Mrs. Pridgeon, on be- I half if the appellant, ami with an! j affidavit of iespond ut, and an ar jgumtm by his counsel. ) Tie affidavit of the appellant is jby no means satisfactory upon all ! the points stated in my order of22d May list. Yet upos severul points it affords ground to believe, that all i the lights which might have been ob j tained, were not thrown upon the case (ts the last trial. The appell ant lias boon very remiss and negli gent in preparing the case for trial, yet ifheisto he believed, that re missness proceeded from deeluru : tions made to him by the Judge who ! presided in the case. That 1 he 1 should not have been aware of the jtrue ground of controversy, viz.— ! That the words “during her natural | life,” were inserted in the will with !out the directionof the Testator, or I without his understanding their le- j ! gal import, I cts.tipt. believe. The ! 1 ground was of record and constituted ] the essence, the most material mat- j ! ter, of the issue of fact to he tried. | Ho hud received written notice of it. ;He must have known it. This evi dence lie seems to admit, and liis ex -1 cuse is, that having once “started to i sec the subscribing witnesses to tlie will,” he met with Judge Kenan, j “who told him it was not necessary,” i &.c. This excuse is certainly a strong one. It furthermore appears I from his affidavit, that the presiding (Judge at the time he refused a con- Itinuance, iu some measure promised anew trial, if the parties could not j agree as to one because of the ma j leriality of the points involved. 1 tn | probable as these statements arc, j they are not contradicted by the re spondent though served more than ‘thirty days since wtlti a copy of the (affidavit. 1 feel myself therefore j bound to give credence to the state ment, and if trufe, I am of opinion it affords sufficient reason for t lie ap pellants course of conduct. But the affidavit of the appellant would not of itself afford sufficient grounds, for ‘-'noting anew trial, were it not j sustained r.s to if;r merits of the case (iu issue by that of Stanly (V'd of j Brown, with other circumstances to I which I shall hereafter advert.— j From the affidavits of JStauly and j Brown, I am of opinion, that the Jury ’ j decided with till the lights which might h;;vn been thrown on the case, and which wero highly material to J be known ill order to a correct do* I cision. The evidence of these uit ! nesses was taken on interrogatories : and commission, They were exam j ined together, It seems that Sturdy | was present when the will was wri ten and read, and was named an ex ecutor. Yet his evidence before the jury relates only to a conversation ; with testator two days after the will was executed. He s.ays nothing a- I bout the will’s being read to testator, j or how the words “during her nutu . ral life” came to be inserted, or j whether testator knew of their iuscr . Aiou, or any .thing ufiout them. J Mis whole evidence goes to con ! tradict the idea that those words , j were a part of the will. By his affi , j davit now exhibited to me, it appears , j that the will was distinctly read to I testator with those words, and was , | not disapproved, and farther that, . (if he had known of these words he | I ing suppressed from testator, he , I vyould have made them known.— . Brown’s affidavit is equally valiant . from his evidence read on the trial. , His testimony was .that fie wrote the ■. will as directed by testators, “except the words during her natural life at the close of the will, which words . were added at the request of Wil liam Holloway.” From such evi ’ deuce, no Jiuman being would infer any thing else than that they were ! i fraudulently inserted, and without j , the knowledge of the teatafosi'. Yet , it now appears by his affidavit, that ( , he recollects very well writing and ; s reading these words “dm ing her na- 1 ’ tural life,” and that testator said ] i that -would do to make his wife sale; 1 from which it would appear that no J fraud wus committed, and that tes- j tutor executed the will .with the full knowledge that those words formed a part of his will. Mrs.Pridgeon’s affidavit also leads me to believe that the will was exe cuted by testator with a knowledge that those words made a part of it. It is suggested in the affidavit of the respondent, that she is an incompe tent witness. Ido not therefore place much reliance on her affidavit although she may he made a compe tent witness by release. From the circumstance that Mrs. Boswell refused to be sworn to n point which would have impeached the evidence delivered on the trial by Mrs. Mitchell, there is reason to sus pect that she delivered her testimo ny under the influence of motives not only dishonorable hut criminal. In such a case the principal seems set tled that anew trial should be grant ed.* Had her evidence been im peached, as the appellant states in ! his affidavit, he believes he will be able to do by testimony, discovered subsequent to the trial, and had the evidence of Brown and Stanly on the trial been what it is as contained in their affidavits, I am of opinion the verdict would have been different. The doctrine seems ‘Veil settled, that a court m its sound discretion, when convinced that the merits ol a oase have not been tried either because from the sta,fe of the pleading, the I party c.,uld not introduce material I evidence winch was in his knowledge, i or when there existed such material ! evidence unknown to him and which lie might not have discovered by the evidence of an ordinary degree of diligence, that a rehearing should be awarded, f On the whole, lain satisfied Ist; j Thdi the merits of this case with the full lights that might have been thrown upon it, even by the evidence of the witnesses sworn, were not be fore the Jury. 2d. That the party was stopped by an expression of an opinion of the then Judge of the Circuit, according to his uncontra dieted affidavit, that it was unneces sary while proceeding to procure the fill! evidence from the witnesses, and tins, under the circumstances, I deem a sufficient excuse for its not being procured. 3d. That there is rea son to suspect that Mrs. . Mitchell’s evidence is not entitled to full cre dence. It ig therefore ordered that anew trial he and is awarded, upon the eighth, iu the rule erroneously stat ed to be the seventh, ground. The papers are delivered to the appel lant’s Counsel who are hereby di rected to transmit the same to the -Clerk of Jasper Court, as soon as possibles and sefye police upon rc s[.>ndei)t or his Counsel, th?.t ntv trial is granted, (<k on what grounds) l in ten days from this date. And it :s also ordered, that the cause stand for trial at the next term. Signed THOMAS W. COBB, July 24th, 1820, * Sec a Burr, |t. 17. 71. t a Burr’s R. 13, 85, GOMCTiLSSSIOrtfAii. IN SEN NATE—March 8, Mr. FORSY TH moved to print, for the use of the Senate, “the remonstrance of the State of Georgia of 1797, against treaties previously form ed by the United States with, the Indians in lire Jurisdiction of Georgia, and against the inter pom'se law of 1790, and the report of the House Kepre&en.tativfcS of Georgia of the 11th Februaiy, 17Sd.” Mr. FRELINQIJUVSbJN moved<o amend this motion, by adding', “and the laws of Georgia ex tending her jurisdiction over the CJicrokee tribe of indiaus within her limits.” lyir. FORSYTH said he had no objections |o the publication of the laws of Georgia on this sub ject, but be hoped the laws of all the Slates which had extended their jurisdiction over the In dian tribes within their limits, would also headdetl- ; Mr. FRFLjNGIi.UYttEN regretted the neces sity that would compel him to oppose the amend-, meat of the gentleman from Georgia,, (Mr. For-, syth.) It w f ;vs obvious that, if bis” amendment should prevail, that the object of all,W/)tW be dc-i felted ; because the jnforination required could not be obtained before the adjourtuheiU of Con gress. lie regretted that every attempt to obtain light on relatione existing between Georgia and thejndian tribes wit higher limits, and to ascertained the mauler in which she bad exercis ed her jurisdiction oyer these trityeg, should be met bv corresponding pttempts to defeat them, ilow shall we (said Mr. F ) ever find out the real cause g-f dispute betweeu these parties, without huvipg the o,f {Georgia which extend her ju risdiction over these Indians He was desirous of having the resolution so modified, as to bring be fore the Sepate the Jaws to which he alluded, to old them in legislating on this subject. On a for iner o r ccH.sion, he (Mi- F.) wished to ascertain the j stale audprogress of the mechanic arts among the.Chcrokces within the State of Georgia during the lust y years. The gentleman from Georgia, i then appended an amendment, which prevailed, I find w.* had now waited seven weeks, and were now no nearer the information than when the re j sojuiiou passed.—Rut why branch out this subject isous to embrace all the States ? The gentleman | from Georgia must perceive that it is calculated jto defeat the object of his amendment, should it be so modified as to embraceTleluyvare, New-York, lUiode Island, Maine, tip. Mih FORSYTH replied, that the first objedtto made to the amendment he had the honor to sub mit, by the gentlema* from New Jersey, were, that its adoption .would delay the recept of the necessary information so long, that it could not be used with effect this YY inter. The gentle man supposed that, to obtain this information, much research would be required, and that it . would be necessary to print a very large volume, for the purpose of laying it before the Senate. Having bestowed some examination on the sub ject r .Up had fully ascertainedthat iufv.rniu tion necessary, could be had partly in the Library ol'Gongress, and partly in the Librurjr of the De partment of State . and he had further ascertain, ed, from a friend in the other House, who had ex amined all the documents connected with the sub ject, that the whole could be comprised in a vo- Junmc of 90some odd prges. The Gentleman from New Jersey supposed, that the documents he (Mr. F.) wished to be printed, w ere not important to u full understanding of the subject; but, that the law of Georgia only, was. Now, what was tlu-qnestioik to be decided? Was it simply whether the State of Georgia had a l ight to exercise the authority of her laws within her own limits ? Some gen tlemen talked of the expediency of the law pas sed by Georgia; while others, indeed, diseased its humanity, bpt the right to exercisv their pow er being conceded, the manner of itr exercise, its expediency or humanity, never cp nld be question ed on the iloor. The Senate W4hs not a tribunal where the Slates could be an/ igned for the man ner ip which they managed their own internal concerns. Rut if a law of F.eorgia, in relation to her Indians, was to be btr.ught up for discussion on this Iloor, was it not [t. oper, also, that the laws ! of other States which If a- legislated on like sub ejects, should, at the suit time, be brought up, iu order that a just comf iurrison might be mqde? Was there any diffen nee between Georgia and Alabama, or Geoigva and Mississippi, or New York, or any other tolatc, which had passed ;nws aflecU*£ the Indianfc, within its limit*/ The right ir. exercise the power which Georgia has exercis ed, she claimed, and appealed to the example of her sister states, to allow that she had not act ed unusually or unjustly ; and were the coit tniry asserted, she uiqdit boldly reply, that she hud exercised the right claimed by her, more kindly, more justly, ami niotv generously, than any other State who had preceded her in such le gi iiition; unless, indeed, a solitary exct-j.Lioa might be named, in the state of Mississippi, w ho. since the law ol Georgia, had'passed a most libe ral r'iid enlightened law, in relation to her Indians. If, then, to gratify the gentleman from New Jer sey, he. (Mr. F.) voted with him for the produc tion of the law ol Georgia, why would not that gentleman consent that the laws of the other States, ou the same subject, should be produced? The gentleman, said Mr. F. supposed that the question only touches the Cherokees and the State of Georgia; but it was not so; the question touch es all tiib Indians within the United Slfrttfs, from the remnants ot the most petty tubes in the Fust to the largest and most powerful tribe iu the VY est. It theretore followed that the iniormaiton ask <J tor the gentleman from New Jersey, with i£- gai and to Geoigiu and her Indians, only wquid be but partial, and that a just decision, ou the sub ject, could only be had by producing the laws of all the btates who had legislated with respect to the Indians residing w ithiri their liums. The gen* ‘tlenmii complained that the adoption ol the a mendment to the amendment would create such delay that the'mTormation could not be received here m time to be acted on at this session, liisl the gentleman know that any delay w be oc casioned by seeking tor this additional itiioim&ti* om? He asked for inloinmtipu, in relation to the Cherokee nation ot Indians, residing ai a distance ol OOp miles tiomihe beat of Government; and how was this information to be obtained ? Ji was not in the War Department, and lioin whence then was it to be obtained / why it could only be obtained Irohi agents ol the United iMat.es icmJ mg wnli the Cherokees; and while the IVar De pai tment is sending to those agents, it can, in like manner, send to all oihei parts of the Union, where there are Indians, to obtain like informati on. It appeared to hijn, (Mr. F.) that the law of Georgia, was only sought to be introduced here, tor the purposed operating on the pusstous, and prejudices ot the people. That it was to be used in this way, lie anticipated; and it was for the pur pose of repelling any attack ou ihe motives or con duct of the Ntate of Georgia, that he wished to lay along side of her law, the law * ot w ho had set the example, which she had bin partially followed It the geutjepiaq \yamed the law of Georgia, solely for his own use, Im could obtain it at any moment; but lie (Mr. F.j trusted that ha w ould not urge the production ot uti isolated for the purpose of pruumuo o. ii- *rnate a par liai anu prejudiced view ol the subject. A few more remarks w ere offered by Mr. Fre Unghuyscß, when llm question was taken on the amendment pro posed by ‘Mr. Forsy m to the amendment of Mr. Frei.inghvysen, when it was carried—ayes 22; ilia's £O. • ’ i he amendment, as amended, was next concur red iu, and the motion of Mr. Foksytu agreed to. DEBATE JN THE SENATE. Mr. Clayton, ol Delaware, in the progress oT his speech ou Mr. Foot’s Resolution, undertook to quote,’and remark upon Col. Benton’s retort upon Mr. Holmes’ attack upou Air. Woodbury, when he, (Mr. H.) called Mr. \V. “Pelcr, who huddenitd his Lord and master, Sfc.” Mr. Clay ton, undertaking to quote, said, the Senator i roro Missouri said, “ihis is my Voter, and on this Vein / build,'’ Ac. Mr. Blnt,on rose, and asked leeve to state his own words. Air. CLAYTOqj avc way for that purpose. Mr. Blnton. 1 did not say, “ this is my Peter.'’ 1 said, “ Yet, Ihis is Peter; and i his Veter is Ihe rock on which the church of ,\ tiv Knglano De mocracy shrill be built.” This is what I said a loud, and what the Senate heard. What 1 said in a lower tone, and not intended for the Seuate, was this: “and the cares of Hell shall not pre vail against hail ” A genera! laugh followed; mid it was well septs that notkmg hU been gained b> distill bilig tilt? Senator from Missouri, who wus writing at ins table when he heard bis name alluded lor U. S. Telegraph. We do not remember at any tiipe such bitter party feeling us is mani fested at the present moment in l\ety Ilamshire. Tire parties are nearly balanced in the state, and in their struggles to gain the ascendency ma ny outrages huvebeon committed on both sides, which are disgraceful to a sober, thinking, free people. Ou Wednesday evening last the effigy of Col. Decatur was hung before"tire rjoor of his dwelling in Portsmouth, as asott of scare crow ijr revenge upon the Col. tor lho part be lias ta ken in the political squabbles of the day. On the 9th of ftlnrch the elec tion for Governor takes place, after which we hope tosee a different spir it prevail in that ancient state of stc<|r dy habits,-n-A 7 . Y. Vost.
