Columbus enquirer. (Columbus, Ga.) 1828-1861, September 28, 1833, Image 1

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Newspaper Page TextJksZWmZ. 5^v*t-» d? H it/'* . .',««£'» .OTRKYT1HI taiv^iijmER. TII« UNION OF TUB STATES, ^)D TUB SOVEREIGNTY Or TUB STATES.” By JAMES N. BETHUNE COLUMUUS. GEORGIA. SATURDAY SEPTEMBER 28, 1833. JACOB >1 JOHNSON H AS recently received an extensive let CLOTHING“i’»»''"'»8 of •Sperfine olive and brown Cloth Pantaloons, do grey and Meet mixed do do do ateel mixed Sattinett do do bine mixed do do do Broadcloth dresa Coats, do do Bock do SIXTtl VOUJMi’. tm«! 5. All poslagos mini tie pair), except upon letters containing five dollars in a single note, or any larger sum: hut the risk of miscurriago by (Ito mail is assumed by the publisher. - 5. There urn no agents established for ibis paper at any place: but any Postmaster . , — . _ ,or other individual may constitute himself Vj , V WliP sola ebuttp for earn. O’ Ho has also received 0 barrola ofpriino -winter strained OIL. January 25— 36— tf the discount allowed upon .1 number of co pies. All communication? to ho addressed to the subscriber, who rrspocilully requests that the names of persons and piucos trans mitted to him may ho distinctly written, so as to avoid mistakes, which cun only bu corroded by incurring tho expense of pos lege. CO.N'DY RAGIJET Pniluilelphtti, August 7, 183:1. 7 Notice. I By an net ot Congress passed the 20lhorFtbP ar^ I 1633 provision is raurio tj open a road hrough tho i Crook Nation of Indian** from l ino Creek in Ala bama to Columbus Georgia and in conformity with Of Town Lots fy Ware House !f O n tne first Monday in October neat Lots 7 & 8 ! with a good waro house near the fern-; and t Lota 4JJ Jfc 4(12. 'JWtJMH’ti tho day. 6. 1C. IIODGE9 &co Auctioneers | September. 13 it %VK are authorize!! to antrum HENRY GEE, as a condiente , instructions from tho Engineer Department, Twill for the office of Tax 'Collector for fotout the same for contract in sections of five miles, Muscogeu county. j on (be first clay of November next for which sealed —: , proposals a/dressed thiougli the post office lo me gutnori9ed to an ftt | U Q D tgomorv Alabama will bo iccoivcd until lhat .UCXANDKK CAL* j . l f? r ^ ax | Tho considerations which shall dctermin the tor of Muscogee at the next olectom r h ou . Q of contract shall be the character of tho bid- VV E are requeued to state* dor, as regards pecuniary responsibility ond tho low that UMPHREY ROW- "“ullbu required to ho cleared of all _ fc.LL li a candidate to repre- j timber and well grubed to a distanco of forty feet on sent Muscoane cnunly in the House of, each side of[the line of location! thus making an Kepresentaiives uf the no,, Legislature, ouACurrTiict ditches to draw tho water from the road, will * liOSr ECTUo j bo required, which must be so placed that the outor CP j edges shall form tho intend limits of the eighty foot rpi\g> Ti' rmn inn* j opoping* and marie ofsuch dimensions as the na A lit jjO/Ummt ; hire of thu ground and tho peculiarity of location 1 shall require to obtain a good road. JOURNAL OK POLITICAL ECO NOA1Y. 1. This paper is published on the first and third Wednesday of every month, «n a super-royal sheet of Id pages octavo, coi- respoudiug in size with ike Free Trade Advocate, (ihe promisor of tho Banner ol the Constitution,) and constituting in the I year, with an Index, a volume of 400 p-gea. I 2. It is chiefly political, but in part mis- ,'F c^llaneou sj its design being to disseminate fohe great principles of Cqusiitutiom.1 liber ty, and to assist in drawling men's mind from the worship ol their felloes to un r.c- quxintutice with tho nature of their govern ment. It jeill be open to the examination ol' nil political questions of a general nature, and tyjl communicate to the people of the v Niffnilhe political movements of the South • und'to those of tho South, the political tnotheinents of the North. 4, It will udvocate the Republican doc trines of *98, as set lovth in ihe Virginia and Kentusky resolutions, and as main tuinud by Jefferson, Madison, M’Koau, and the oilier distinguished champions of State Rights and Staie Remedies. It will also record the most important documents and Slalo Pupor* connected with the proceed ings of South Carolina, su as to preserve 8 Tin: dirt in all cases from Ills ditches lo ho thrown io the oiiddlo of tho cleared space to elevnto the road above the naturaf surface of the ground. The water which might collect in these ditches shall he so drained to lower grounds by means of lateral ditches us wiil prevent water standing in them higher than within eighteen inches of the surface of the road. When tno lino of location passes the sides of hills, the roadway or immediate track which uuder such circumstanes will be reduced to the with of thirty feel, will be portly cut into tho hill, so as to elevate the lower side of the road six inches higher than tho upor part and not lo exceed four degrees longitud- nul slope and provided with a ditcli on tho upper side lo prevent tho drainage from the ground above passing over the road. Culverts must be plaood at suitable iiilorvals to lead the wnter from this ditch which might otherwise collect in sufficient quantity to overflow the road and injure tho ditch by rapid currents. In the parts requiring causewaying solid timbers of a substantial and durubl. quality thirty foet long and nt least four inches in diameter will bo requir ed to bo laid in close contact upou liie surface ol (lie ground perpondiixtlar to tho line of location und coveted w ill dirt in such u ii.nnnur ns to leave no part of tho limber exposed. Tho part, requiring bridging"more than the length of one sleeper in their construction is not now oflcrod for contract Ir all othor respects tno road IbuM ho complete Tho contracts will specify the time the work will bo complete, twelve months being thought sutli eiont tot dial object, tins period from the date of die contract is suggested la those who may offer pro posals. When the work shall ho one half dune the eon tractor shall he entitled to receive one fourth of the value thureofand tho whnlo amount of the contract so soon us the work shall be finished and accepted by thn agoutoflhe Government. complete history of the tunes, for the fu ture reference of politicians and statesmen. The sections of this root commencing nt Line 5 The principles of Free Trade will he I <? rocli a,ul continue to Columbus in numoricul or- C | lo recon . I <*oi persons submitting proposnls oi e requested to 5. The principl illustrated and enforced, cite thn public mind, at tho North, to the epproaching reduction of the Tariff to a designate the part of the road by tho appropriate nenurar of tho section. Tho Agent reserves to himself tho right to uniform standard of ad valorem duties, as Juclin0 for contracts exceeding tho amountof iiHiyvint j appropriation. I he nld and new roulsbein. tnonr- well as necessary to prevent my future nttomps to re-ostublish the restrictive sys tem. (j. The impolicy and uncensiTtUtionuliiy of appropriations for work? ol internal hit* appropriation. I he old mid new routs bein ; , tnonr. Iv on the same ground tor the fust sections of thn (inie. Jt is conceived lo bo most advantageous lo to tho public to have this part first marie and with that object thosn desirous to engage in ibis work ate invited to oftor their bids. Applicants not acquainted with tho Agent lire proveineut by the Federal Gouemnunl t j requested to accompany their proposals with teati- will be muitilaiueri, and all dlteropis lu on- ! moriiais o! their ability to execute the work, and in crouch on the rights of tb« States by that . «»1 cases communications on thin subject to ensure Government, will bo testa tod, from what VeplmnbcrSffih' jeflS 111 ' 1 JNO. MARTIN, ewr partf they may emanate; nod especial- , Superintend*. Iv will it* interference with tln> domestic , Beptomprrff' 5 —18—fit ooliev ol the 'Southern States, should any j „ Georgia Journal. Mnotgnmery Advertiser & S. be a,templed, he denounced as a i vinlallou of the lederul compt»c . !o , [>j„vem!*er. And forward their accounts to tho 7. It will oppose monopolies, specialprc- subscriber for payment J. M. ftifeffef.und sinecures, of eveiy description, : ^ ; ~ r: T^i 7T a* iittorlering with lu« equality of rights j GtOCCflC Sf / H)Vision Stove, upon which our institutions are founded, *g*HLiub«cii^ . , . I. .. , in r.e.. M. ly occupi'M by wm. Benrdsley & Co. two will^K; erophuticoily tho udvotti e ;l a (Joijfa below L. J. Davies Co. whoro they intend TO A GEN Id UOU8 PUBLIC. 'll HE Maryville Intelligencer has -*• been before the public more than a year. Uncouth and uninviting in its lirst uppunrnnee, mid slow in its growth siuce ; by lomo it was pronounced' premature, while Olliers confidently predicted that it could not de sustained, its original pro- lectors, however, were pot to he driven from Iheir purpose 'by slight difficulties. They felt that a religious paper published at home, if prnparly conducted, was calco lated lo do immense good. And they weto unwilling to believe, that there was net pub lic spirit and piety.enough, to this section of the country, lu snppoil such u paper, un til an experiment was fairly iii.-.de. That notwithstanding tho occasional irregularity and had priuthig of the Intellif mtcer, its patronage has gradually increased, we coo sidet an omon for good, and regard it as expressing the wish of a liberal public for ns success. Prompted by a desire to res pond to such wish, arrangements have been entered into, which, we mis-, will add ju the resjtectabilny and interest of our paper. Tlie subscribers have entered iuto a part nership, and hereafter wiil make the cou- diictmg of the Intelligencer a joint cuncorn. While the editor will continue to preside over the editorial depot Intent us heretofore, his partner will (ImvOIm his whole rime to ihe concerns of inu office, and pledges himself to make the mechanical execution of the papei le'speclahle. No alleruiioti in the character of tho pa per is contemplated. Tu | remote the cause of littratute and especially of rf-lt- cion, to circulate general information rela tive to tire caitso of Christ through out the world, to give tiro most interesting domes tic and foreign news, and to publish such miscellaneous articles ns we think will bo useful and interesting, shall bo'our object. Upon the importance ofu religion? news paper we need out dwell. No family, and especially none embracing cbiidicn and youth, should bo wilhnut'oite. Matty pi ous families begin Jo feel necessity ol such a paper. They regard it as a powctful auxiliary in leading tlieir children in the paths uf virtue, end mining them up for active usefulness,— And in tetreuehing their expenses they considered it very bad econ omy to commence with the newspaper. Each family should have a paper of its own, that, when once read, it may be put or file for future reference. Tho interesting revivals with which God is so remarkably blessing bis churches in this land, which wo shall notice from time to time, cunnot fail to add additional inter est (o onr papei j in tho mind of every iovo of Zion. cow solicit our friends, who wish us success, to renew then efforts to increase our list uf subscribers. If c-nch one would do but a little, tho aggregate would be of much value to os. F. AUGUSTUS PARHAM. DARIUS HOYT. N. B. Edeoia with whom we exchange, will confer a particular favor by noticing and publishing die above, which shall at tiny time be reciptocalod; Cheap Government i$. Il will also bo opposed lo man wor ship, the bane of republics, and it will ex nose corruption and dereliction ol principle in -mblic servants, to whatever party they nay profess to belong. This ho-vever, it will do in a inunner which shall uot dogrude lie press, and upon no occasion will tliti he columns of the Examiner he the vehi cle of scurrility or vulgar personal abuso. TERMS: - t, Tho price ol the paper is, per annum, payable in all cases in advance, as fol low* : . For a single copy ®l 50 For 4 copie*, paid for ut Jlte same time by that number ol subscribers, $5 equal per copy to 1 25 For 10 copies, paid for in tho «aiu^ manner, $ 10, equal per copy to 1 00 2. Each remittance will he considered os a distinct transaction, and every sub scripiioii will bo discontinued at the ond of the year paid for, unless renewed by a se cond payment. Bv this means, subset ibers may withdraw wiibout incurring the ex pense of postage in giving notice of with drawal, and ihe lioubtu of furnishing re ceipt* will he avoided, inasmuch us the Transmission oj the paper will be of itself evidence of its having been paid for. 9. No subscription for less than a year will be receivod, and in all caaes where money is remitted, it will be consideied, unless otherwise expressed, in payment of the current volume, and the back Nos. will accordingly he forwarded: Provided how ever. That thia stipulation lo furnish back 3Ios, aball uot continue after the number on baud shall have been exhausted, ef which e. sh M ,’ive du* t.ai're, keeping on hand a general assortment of Groceries and provisions of**very kind C E. & IX. MIMS. September 28 1833—18—tf hxiw Aar 53 rxtssxx ~ GOODS CHEAP FOR CASH. jCSHORTFR, TARVER & Co. have just re- K^ceived direct from New-York part of their splendid assortment of Dry-Goods, purchased at the lowest rates from first hands. Thev huve just opened a largo assortment of Mens. Womans* Boys, Misses and Children shoes Men’s and Youths Far Huts, Rose and Duffle IMankets,. Blenched and Unhloacheri Shirtings & Sheet mgr. Chintz Flints, new and beautiful Falters, An eh.gant assoitment of Calicoe’s, Domestic Fluid Stripes and Checks, Red, White and Green Flannels, Irish Linen, corun and very superior qualifies, Chintz 'Shawls and Handkerchiefs Colton and 8ilk Flag, do Fongee und Bur.danua do Bengal Sfripo. Negro Cloths and 3hirtings, Dress und Furniture Dimety, Several Cases superior Cotton Cards. One ol* the partners will remain constantly ir New York to attend the auctions and to furnish continual supply of the choicest and most desirabl S ooria fortius market. The highest prices, <\*c. isoount of debts. F.xchungo (or merchandize o in Cash, for cotton of goo J quality alul in squart Bales. Cxpected soon. An extensive assortment cii Groceries, Hardware, Crockery and Dry Good?. Sep. 25 18 tf Cows.—Tbo marks ol a good cow are these : the fort head broad, tlie eyes b|ack, tlie horns large and clean, tlie neck long and straight, the belly largo, mid deep, the thighs thick, the legs round with short joints and the feet broad and thick. Red cows are said to give the best milk : though the black ones arc s id to bring the best calves, which is, however, doubtful.—But :itn cow that gives tnilk tho longest time between the periods of her calving, is generally the best for piofit or iHiiiily use ; provided the quantity and quality of Iter milk Unequal to that of others. Those that calve pretty early will yield most milk (luring the sen- son. The times of mJking ought lo bo regu lar, and as nearly equi-distant as possible. Where tho t eding is full, it is found that milking lltfee limns a day, during tho sum mer season particularly, will increase the quantity at least one tliiid. In that case die first milking ought to ho by sunsrise, the second by one, and the later about sev- Omil- JUDGA’ THOMAS’S CHARGE IN THE CASE OF THE STATE vs. JOHN MIL- TON, FOR MURDER. Gentlemen of tho Jury. This trial has excited a great deal u f i, lt( . rost in tho public mtud. but when we take into eon«id- eraiiou, tho standing of the parties, connected with Uus illfato.' tradgedy aud the pea,acted difficulty which lor somu tiuia pu„t existed between them wo might reasonably expect that it would deenlv agitato the community. Again wo have Iwen callod upou to act 111 Ike case immediately after its occur ence, lailbro the passions have laid a,, interval' fur subsiding, nnd therefore 1 deem it to be tho more ueoessary, that the cuuil should admonish t ou to divest your minds, of nil hias either Ihr or agaiust (be accused. And os (lie deceased und tlie uiisoner were known to most cf you and some of you in tho intimate relation of friends and neigliiure, this esse w,il challenge, to a particular manner- Vour most uubi&Med atul cauUui cotiniduration- w« are to know no ono in a court of Juatiue in any other point of view timn that in which tho evidence au<l theLaw rnajr exhibit him.The n.iiml of a Juror should be like a virgin shoet of pure white paper, unsullied aud filly qualified to receive lhose impressions and these only which tlie logul history of the cause, may muke upon it. lkoconceivud opinions nfyour own,which yon muy have imbibed from common minor on the one hand, and the popular passions of revenue, or of favour on the other you must not permit to control you and Ubiriuch us liotiiiuyou, consider qi this case, us though it happened between two per- uops, of whom you had buloie heard or known no thing. Whenever tho life ofu fellow being i& sud donly taken uway by uuolher tho panto strikes deep, through all tho community, and tlie public indignation is easily aroused and inadu to hour u- gaiuit the supposed perpetrator; nny—some- turns, burns against him, bofore his case is heard iu court, it is not unfreuuonlty (he case, that nu merous and partial friends aro found ready to pal liate tho highest olfeiices, and tho worst of culprits is found acquitted in the public iuind before he bus been putou bis trial. The person now accused and upon trial may have come bofore you in the one, or the other of these circuinsluncus of bias;—if so, discard all ex- trdneous matter from your minds. Tho high and the low tho rich und the poor are entitled to tho same measure of justice. Tho indictment in this case charges the accused with olfenco of Murdur. Your finding wit! be guil ty, or not guilty, unless you qualify and reduce the oifoncc to luuualaugluer, winch you may do if you think proper. X will now proceed to luy down for your guiuo, the Law which the court deems applicable to lire merits of this caso. You nre tnndo the Judges both of the Law uud the facts in criminal cusas, und may difier with the court, if your convictions ol duly should incline so to do.. “Murder” by our Ptnul Code is defined to bo "the killing of a human being in the peace of tho State with malice aforethought either express, or implied.” Malice is implied in every cose of ho micide, and the person killing is bound in his justi licutiou, if ho sots up thn pluu of self defence, 01 other mailer of excuse, to show such circumstaAces of necessity—accident or iufirmity as will disclose his innocence. “ Malice D implied also w here no consiuerable proyoution oppours xnd wnere qll the circumstances of tho case, show an abundoj uud wicked hem t.” Express malice is shown by oxler- nal circumstances, cupablo of proof auch as ‘brmer grudges, untocedonl menaces lying in wait, and llio like. The leading mark of distinction between Murdor and Manslaughter, ii malice * Mansiuugh ler is the killing of a human creature, without mu!- ico expressed or implied and without any mixture ol deliberation whatever. It must ho voluntary and upou a budden heat of pasdou, or involuntary in the commission of an unlawful, act or a luwful act without duo caution und circumspection Murder re the result of a wicked heart uc‘.ing upon a delib erate aud fixed intention, manslaughter is the oil- spnngofa sudden heat of passion, tho oue is an act of rovengu, the ether uf resentment Mere ani mosity is not placed upon the same footing of crim* ihtil.ty us a suitied hatred towards the docuased.-r- You certainly know tho distinction between u de liberate und hasty act. The ground ol justification sot up in this case is that ol self defence; that the Prisoner acted under the influence of such circumstances as tcere sufficient to excite the fears of a reasonable man, Unit his own lift was in imminent danger ut the very moment and time of the kilting. In support of this ground the counsel for the accused, have rend from our Penul (’ode Fnnee's Digest, 347, aud 348. to this piled, “Juhtiliable homicide is the killing a human being in self defuncu, or in defence of habitation, prop orty or.pcrson, against one who manifestly mtoade or endeavors by violence or sui prize to coinnut a known felony such as murder, rape, robbery, bur- glury uud the like upon either, or ngumsl any per sons who manifestly tutend and endeavour in a liu taous und tumultuous manner, to enter the habita tion ol another for the purpose of assaulting or of fering personal viuiouculo any person dwelling or being therein*” A bare four ol any of those otfen ces to prevent which tho homicide is nllodged lu have btien committed Him*1 not ho hullicient to jus tify tho killing, it must appear ulsu that Ihe circum stances were sufiicient*to excite the fears of a rea sonable man. und that the paity really acted under the influence of those feats—and not in (he spirit of revenge. On the part of the prosecution tho following sections of the Penal Gone were read uud lolled on to wit: . ■. , - . . r\ . ’‘H u person kills another in Ids dofenco, it must n or eight o clock u> the evening Oijiit- a pj iear t |, al the danger was so urgent und pressing ling to milk tows regularly twice a day, j that in order to save his own life, the killing of the tends very much lo tjky litem Some one other was absolutely necessary audit must appear or more teats of a cow may ho diseased, but! ®l 8 «# dtui the person killed was the assailant or that - , . , r , ,t, A m ;li, .r,L. IA .i i tho slayer had really and in good Imth endoaveured tins dOKX nut affect ho milk of lh« tost. U(llB( ..; ne „ (iy atru | fi | 0 b#ru ,o the mortal Cows are certainly very prohiahlo.—-At- i blow was given.’’ lowing ono to give only six quarts a day, 1 for forty weeks in each year, and it is not a largo allowance, her milk at two cents per quart, will amount to upwards of thiny- depemlei.t ol former gudges and the like. These same circumstances have a/so boen insi^leo on in the deleuco us evidence of tho existence of those Tears, which wore likely to have been created by tho threats and overt acts of tho deceased. Two uf the witnesses huvo testified to one occasion when tho parties passed each other in tho street and when they supuiMori, and so it was told to the ac cused by one oi thorn, that it was the intention ol tlie deceased lo have shot the prisoner hut lor the timely intervention oraome lliiij person and that too while his back was to him. This matter 1ms been attempted to be explained away, on the part of the 8'tate by giving the whole circumstance a business nnd familiar transaction, btwenn tho de ceased and a certain gentleman who coimultod him ns counsel, flow far and which of tho witness es arc entitled to most credonco is for you to deter mine. Tlie genoral character of the deceased for peace or ciotcnce % is before you if you believmbis character for violence lo have been made out by proof, it is us fur as it goes, vs distinct a ground of defence as any other—*'whether a man’s sense of danger lias any connection with the violent character of his adver sary. is for you to judgo The accused has bceu permitted and properly to put his general char acter iu issue for peace and orderly deportment as testified to by one who says lie wus a schoolmate und an early associate and has known hitn ever since and that up to this transaction be nevor know him to have buen guilty of any ofiuooo, und that lie has generally conducted himself well. This sur* of defence weighs but little in a pluin case, for no man shall tuke shelter under a good ohm actor to perpetrate crime. Yet in doubtful cases—it will and does weigh much, and will sometimes decide a doubtful case in fuvour of the person thus offer- iug it in evidence, whon put upou his trial; for the presumption is in favour of lus mnocenco, whole his character i* good and his guilt is not proven. Id conclusion if your minds aro satisfied of the guilt of the accused, you are bound by every con sidoratiou which can biuJ you to Nouiety—>ns well us to the throne of justice und truth to convict him regardless if consequences. For yon are not res ponsible lor what shall ensue, It is tlie piovmco of another tribunal to show mercy. It is your duty lo enforce the laws of the land. }f on tho other hand, you sliouhi ontertain a well founded and reasonable uiiubt as u> his guilt, you If they should be gratifying * . to tho profession, il h i .» -hr, *v • •- * GRIGS By R THOMAS •'* C. C C The stole of-Georgia Vs tndiotmf John Milton Thn enno being culle ! both :m> -• themselves ready* Counsell for liie prisoner "i Fer the »t ;tn J«nes j » ftthbi.it Shorter | Schley Hurwell V ,Ma;V MeP/ir.%14 Colquitt & Flournoy . To a gs Ik 8oiu jtor /.aw!.on j A motion was mode by Mr. Cnililu*;! thn: the Shorrilfbe excepted to in fornnog the *?m.' or tho ground of his unqualified partiality lo the p r ir oner;il wiih agreed by die patties th.»t tho deputy and nnothor individual appointed I v hhe <~ v <nt should summon a jury ; which heme rim e thr :u ry were snmmnoed and took their seats /■•.,.»« nil milting.Robert II Brown a juror to sit. upon th usual question upon his vone dire ho was hsbt i lie had formed and expressed un op uion to which be answer ho bus not. The question before tho court—can the p> Men tion introduce uliundo testimony, after Urn Juror tins boon sworn on bis voiro dire, to show that he had formed and expressed hit opinion The utlii mi* five wus argued by Judge McDonald, and by J udge Shorter and Jones on the puU of the prif.nr.er. Judge McDonald read from V\ huclors cases 2 voi. in support of his position, upou the point as qu.;tn* from Burrs trial. 'Whether die question to lie ask * ed the Juror was “whether he has funne l ot expressed ,” or whether he has formed and express ed an opinion of tho guilt oi inuocence of the priAi oner. 1 The practice of the courts in Georgia as stated I))- Judge Shorter is thata Juror u,M-n hi, voi™ dire is only asked the geuer il questjoi;, «haa fomtad und expiessed an opinion ” tu. nut eliuade Wbu- mony cannot be gone rain io bjh-w that he had formed und expressed un opinion (cited the cane>>f tho etute vs. the Indian southern cir; Per Curium. The usual question is •• wirother the Juroi has hv *rv* ed anexpreasod an opinion’* ai.d U.ia in the seiuad practice of tho < • ytaud so docidod by Crawford and Dooly*. FISHEItIKS TO KENT. , FBT/iL I’ihluiie- hotonginir to the Corporation of Ji. Columbus, will be runted nt the Market Hou e next Tuesday at JI o’clock A. M. for the terra of three years. Terms as usual, by order of the Board. 111.INKY C. PHELPS, c. t. e. September 25 18 tf Ultuike for mile. Ilireo tloll-irs ; wliicli is probubly sufficient to purcl.sse Iter, ami pay for a year’s keep ing- To remove flics from a Room.—Take half a spoonful of black paper i.i potvaer, one ten spoonful of biptvo stignr, snti ono ta ble spoonful of cream mix them well to gether, and place them in a room on a pi tie where the flies aro lioublcsomc, and they will soon disappear Method to destroy the putrid smell which meat acquires in hot weather—First, put the meal intended fot making soup into u saucepntl full of Water ; skutu it when it boils ; then throw into the saucepan a hunt- mg coal, very compact and destitute o smoke, nnd it will from tho meal mid soup. Secondly, If you wish to roast a piece of meat, pot it into tvati-r till it tioils, and af ter haviiig sktnntned it throw in a burning coal as before. At the end of two (minutes lake out the meat, and having wiped it per fectly dry put it on to roast. Thirdly, when fresh Irulrer has not been allied in proper limn, or when salt butter ha? hcciime ranch! and musty, alter melting and scumming it, dip in a crust uf bread well toured on both sides,and in a minuie or Inc the butter will lose its disagreeablu odour, tint tin, bread will be to und b*>td. bound to aei/uit. Such is the humanity of the Law. I l/ni, n the second aucstinn ell... i •. voiro diro, tho court is of opinion, that the Jurur m competent, nnd that aliunde testimony oenu.-t he gone into, to prove he has expressed uu opmiog after he lu. been sworn on his voire dire mu’ tie. tied that be has nnd tliat the pnrty Us bis e’oa ion U) prove that he has so funned n u H oxprmiea before ho isput upon his voiro dire hyother proof a Mr. McfTwty being railed nfmn ns a Jnror, Au exception taknn to hint on arooulit of his being an shoe. The conn compolled In... to produce thn rooord of Ilia nnturalizulion, betu.u he can nerve ss h Juror. At this interval a i„o,i..„ wns tmnie by Cel. Towns on the part ef thn proaecuti-.r.. to «*- elude the testimony of Coleman, (to wit mat he now some movements on tlie pert of Camp some time pronoun tu the killing to nssasninaie Milton and hint tho not was committal! in self defence,) on nejount ofitsiirolevniioy. (nupported by MclJori- aid and Towns) apposed by Jndg Bhortei whoro- liodon tho.practice of the court und cited r \ orri* coxa in the county of Tolbbt. Tho onto of Minus in Chatham Author »f pros, swift 2 voi. quoted Foil* lor East and Hawkins Jat. Kant 27H. Evidence oh the part of Ilia Slats John If Broadnax sworn. Col Towns. Ploano relate oil yon saw of ths transaction on mvuduy morning the' 12th. August, Mr, Cnmp und myself wore in the Inaaram* lliink on some husinoea and tvo both .tailed down the street.together. We tamo together an Inr as the new linok Bank at the corner, whon mv ate.rt- tiun wn. called off by a got,Homan. 1 stoi,j«i(. | did not then know him hut unco learned hi Iw oT tho name Dent, lie atatod to me that all an want ed to know was, whon tho let* on Hie oilier sole of the Itivor would be sold. I told him I could nut tell. Camp nh-erved lie would walk slowly alonn and I could overtake him. Il l did not I could find bun at thn court house. Ho soon as I was dispatched from this gentleman I followed on atlor Maj Camp nnd got within a- bout iiOor:3Uiynnhof Gen. llnwar-is buddiug I discovered a gootleiiion standing in the north door of Howards bnildtngj and anon after .1 gun tired from the door. Ot.covcrod it was Cel Miilon. From whioh Maj Camp fell. Col Milton slopped one atop nnd Mty Cnmp was down on his right hip and exclaimed Oil ! when Col Hilton d.schargnd the othor barrel in Ins buck From llmt Pul u.l ton Walked ofTto hisoflico. Tiiis was on Monday tho first day of Court in thn county of MuNcoits* and town of Columbus Muj Camp's back woo towards Milton wIihd ho Hind (be sacond tinio. 1 ho first Gun that was firod wus in ihe (eft side of Maj Camp; tho aecoodfiro was in lus hack Dent apoko to tno coining a cross the street bunt Hie west Camp was between 4 A. 5 vards from Col Milton when he fired nn • wes passing u long down tho street, and from the time I saw Mil-on :o the door, it wa* a short time before Hie gun firsd and Camp was going down tho mnin street to the court house. Col Milton was in tne door when he allot ho Wee shot on the leftside with seven or eight allot and botwoen 8 or 12 shot on the hark i heard no conversation bsrwoon Milton and Camp and wns nonr cnongh to hear i! il these was any After bomg shot holivod a Tow minutes. Do not know whether Col Milton had on his hat or not A very short time between the fire of the first end •ocund gun I did not see any wound on either bund and 1 saw them examined. Cross axnminotlon. / ftrat met with Maj Camp nt tho Insurance Bunk, stayed with him ten min utes, started with Catnp and enmo down a# far sa tho corner oftlio brick building. I wua Mopped f.v a man named Dent, and Muj Camp walked on nnd said I could son him at Ihe court bourn tor for ninety nnd nine guilty persons tu escape titan ono innocent man sliould suffer. NOTES. The following decisslons wore made by Hie court in tiiis cuao during its progress. 1. Having examined a Juror upon Ilia -voiro diro’- as tu bis having formed and expressed an o- pinion with regard lo the guilt or innocence of tho prisoner, it is not within the rule of pruclico in any other case iu uny other court, in this Hints, Hint tho court recollects to permit you to turn about in a summary way by aliunde proof aud prove In tiro contrary of what lie swoara. Yon bud your Elec tion ana might have resorted to tliat mode of proof n Hie first matnuce. Tiro Juror can be sod tho court hopea will bo prosecuted for perjury if in deed lie Iras committed perjury. Groat latitude will be ultowad in cross examining in orduf to as certain bia bias By putting him npon his own oath you have inado him your witness as to that particular fact, You cannot now contradict you own witnesses'. However it is tho first liiuv thi court hits known the quostiou raised hut will yield to Htty rospactablo authority or practice which cun bo shown to tho contrary, none was stated to theconfrnry 2. It wus decided; that the thrents of the da ceasori art well as uny overt nets on his purl, to tuUo the life oi Him accused might he given in evi dence ut any time past, i»i.ioe they became at vari ance and strife with each oilier. A trafUaotiun may devulope itself in a doy ora year, uccoidiiig to circumstances. 3. Also determined, That tho declarations of tlie (/accused that lie did not intend to take tlie life of the prisoner, wore* wnly properly to bo given in evidence when said in tho presence of the nc cused, or of others who ooumraaiculod them to him unless they fanned a part of it confession or con versation testified to—then the whole nhould come out—that for, ns well ns that which milinttetca^awsl him, Tho rule of Law ihnt no man shall muke evidence for himself, seems to forbid u furiher Inti tude in this respect. 4. That wfiutever information other person communicated to the Primmer us to bis life beiug in danger together with the rnaHoiis they gave him for their belief, at the same time, wus proper testi mony, und no it wus JociJod in the itiul of ridge in another Blate. It was likewise decided that whenever a witness swoara that what he told the Prisoner about his life beiug iu dnngor was in part derived from the PriMonerhiiiHelf. It is proper, that the reasons the Piisouerguve for bis uppraiiuusionH if said ot the sums lime should be given in evidence, os forming a part of the conversation; the mure es pecially as it is drawn out oo tho cross examination. Whether they will muke lor or against him, is u question for the Jury to woiffh. ti. The court determined, that tlie general ch.tr actor oftlio deceased lor violence or peace wus u proper suhioct mutter ofinquiry for this issue. 7. And farther, That il it allowed, tilt Prison rr to put in issue his own general character for peace and orderly conduct. Thia sort of evidence can only help the defence in doubtful cases,*—but will avail nothiug if the Guilt is clearly proven. 8* The court also determined, Tlint it would not compel the Editor of lira Democrat to disclose tho author of tho publication signed * Carroll,” m as much as he swore, that the deceased was nut lira author, that be ktiows (he author und that tho do ceased bad no agency in writing, dictating or pub lishing it. D Tho CJitor of the Democrat made n writ ten application to have a placed assigned him for the purpose of reporting tho case. The coort read the application, in tho hearing of both parties tho Pnsonor and Ilscounsol both objected uud no ono insistedj The court denied the requosl stating Gentlemen of the Jury. It must he evident from tiie i*aw read und referred to on botn sides of this wise, that this intention or endeavor to take the life of another, or to commit any other felony, on tlie ( ftlva. known ffifito couiTund mfirncoinmn* jierson or ero|,arty, must he manifest mill f our; nity thn „; (l ,.; diIor w „, variance and hitter whether It be tiilomlod to Ire done1 either by vtoUuu , tr ' fe wlth the prlMn8r ,| 1Bl hu d u deep a-toncy or surprise before the poison killing is justrhnblo in reviving the quarrel, which eventuated in the 111 tnkiug lira life of a human being. Ami tic: slay-. ( j €3U t| 1 of the deceased by assuming to himself the err* bound to look, at hia own pent, tutu uli ll.o cir I ;i uHiorslnp ol Carroll. Moreover that ho hidal- cumsmnces mumlralmg such intention, or cudo iv 1 r<;I1 ,|y ..ubbslLod tho transaction to tho world, he our, and bo certain, llmt l.o is actuated by them » fon llio/, us one of tho doepere dyo of guilt, was toneaod that they arc such ns ought lo oxetto thu j tiiorafore not disinterested;—and ought uot to de- fours ofu reasonable man, not those ot u coward, a i jr|J l||C pr i v U«go for a report coming through madman nr a fool, before Ira wili bo permitted to „ uch a c | wnno | ,f 4;V(;r Hi) correct con Id not be above kill in dcfonco. lira Law docs not roqui/e uira u>) g mp^j on> Tho Editor of tbo Democrat was not possess extraordinary courage, nor does it make j i| )e privileges of lira bar to write his own any aliowaucc for cowardice. Il presumes every . |f|**|*>iry oftlio case, but not for the court, man to have and exercise a common portion of A „ |0lioa WIIH madu objvcling t0 ^ Sheriff til coursgaandprudot.ee end this much it w .11 exact. h tho array of Juror, by .sleeting talisrnon And lurthor mere il must upbear ,I,at he danger j() ^ much M lt ' ua , d bo pr0 / eDi Ul , t t f, g UuM of was so urgent and pressing, that tho k llmg el the [ho 8hBrl|rivn , , he fula | matrumont used flee. The ell.er was ubsolalely nocussary and that Uie de- docilloJ it wou , d huar prnol - tt , bta bin3 _ ceased wax tne assn,hurt or a least 1.,0 «g s re . | The n ,a tt ar wo* wared by the counsel hy agreeing for tf the accused killed Uiedc-ceasod by reason 01. ^ court , |M)u|d ^ oim iama di.intoro.lod sunli necessity aud that »u*«*«t*M»iv was bruuiiiii uoon I r ■ ... — — hiinBcIt yet it is tnoiucr, £b ”r*ddiscreetporsnntooraiattire Hhorifl'tn filling up vcv coni pact end destitute or j *** -Pgkra.ffW ht. own*4 5, Lnnving It there for tw o minutes, U-/ Tonal Code expressly doc arc. that m |.o |o Qld h Tho Urputy r . 0 d U.o .aid Bai II have connseted ell the smell ‘' “*"""“‘^ “10 ml ~lt«ied tb. array ofTalisiiwm. dor lira prcte'uco of utraossily unless no woie wholly willioul fault imputable by Law in bringing lhat Qftcoflttily upon himself.” Life cun only bo laken under lira strongest nccunstty und tliat tou nmri be a lauhSt’Fs necessity. Bofuro you cun ju mV the Columbus Sept. 18, 18^9. The following is the Testimony as lukou down under the tlie ove of (he court in tin: trial of Johu court house. i,,a Milton was standing with his left fat on lira nim> the right foot on the door facing u> broad I when M »J V»P*P walked Dfl'heluui his right hand in the arm bole of liis vest, and »<.h»d hum me and could not tell whether !.» emmged i* not and Camp had no weapon aa I or umbrella. Myeyeaighlie detective and cant see well Wlthost ...y apectar e. at a d.Ma.tce V ro '" 11,0 distancejyoa w.-re from the parties, could you hove discerned any change oflheftrm 0, budvf (Ans) I saw no change tn Maj f.amp'x afior 1.0 OH ms ami waa suffietenlly ,mar to have discerned any ohargo ..I tho arm for oumbit. and saw no material alteratum in Maj Cun.pe mu.it,on If there waa any clmiigo in the aim I did net see it' E. L WMich xwrorn. What did you sue of the killing? I auw Maj. Camp walking down the ,trout from tho In-urance Bank 011 tho twelfth ef August in tho county of Muscogee and Town of Columbus, lie upruuched within seme fifteen yardlarGen. f/ewardabuilding ween 1 dtacoverod Col. Milton coming op lire atreet. A moment or two after 1 saw him, lie entered the Ibt-i d UuJ 0 f Howards uuildtng frontiug Broad etreet. In a few moments efiorwards I saw Col. Milton in tlie door Ironlmg thu cron, street he s'eoned Irani tho door with his right fie.t on Hu, atop, Lnd Major Camp lud by this time approadied tit live steps ui lira ci/rnor of tho house, wiraa Del Mil- ton stepud to the rioor he had the gun punwotod and clovaiod it iih 1 Uiouirht. end tra.U -i.. fired uccu ed, it must also appear lo you that lira duager j Miltoo for the Murder of Joseph T- Camps hy Cut wus ui gout and pressing at the very inotnc.it the nett onel A- U. Dawson. Occasionally* a word lias was cvmmUtedi— Moreover that lira dcceasori was • beau added which in the hurry was omitted in ordor then syouiug to take the lira of the accused, that j u> itelraing intelligible and sr.mHiirnos words have his own life was in mimineul peril at that very w* been transposed u little for tbe same reason. It is to slant tf time and that there was no other alter uuti left a lousonable man but to destroy lira *«dvei*ury ui su\u ins own life, in tact you must believe lh<u lira deceased waa Urau ou Bra alert lo aliool down dra accused. l ira mauirar of tbe attack as well aa the deadly !na’ure ut lira weapon used, iiuvelraen urgedeu tut. / jut a* Wi »i«#c US i,....-l.ro ot 0 01 St. tu-ttu .'- in be regiettud Hint Hie Reporters did oot. catinuo to write out tbe various pumls of Law nnd practice, which were raised daring tbe progress ol the case and decided by the.cuurtl. 1 have however added iu notes, which an an nexed to and fellow on alter my charge, aa many of tbe question# of Law a* it is within Uie reouiiee n->a of i-.e cotsrt were stinyfi p-ltgiog Ibq^t.a" . , * ‘';««Kht, and took aim and • As the gun tired Major Camp made an ex- (.Initiation and tell flaw** rooliuing on hwright arm. whon Lei. Milton fired again. Col. Mritm Uiou turned and walked to ins office. 1 waa across Broad Hlrcet on tho west side whoa Cel. Millten stiot Major Lamp It wa. in the corner room of Hie banding I saw Col. M.Itoq bnter, Major Camp was fifteen yards from tho corner wffia Col. Mtf- ton entered tbs door. His attitude was tliat of a person walking leisury along down the street, and tf there waa any motion of his head -.„ the rigli or to tbe left 1 did not ace it, would have too it unless it ksd been very slight. 1 su,. smua su tleman 30 or 40 yards behidd Major amp, bu did oot know who il was. I did not ,os M jar ,Dsvp « h’ld in hi* veil, Cat MiUdn >' •.*

Georgia Historic Newspapers

Columbus enquirer. (Columbus, Ga.) 1828-1861, September 28, 1833, Image 1