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(Ikofflia Imarwal ittd JKssewpL
BY J. VV. BURKE & CO.
GEORGIA JOURNAL & MESSENGER
I \\. BURKE s. CO., Proprietors.
w>l . M. ÜBOtV VE, • • ■ Editor
1 NO. GO SECOND .STREET, MACON. GA.
It \TKH OF NtmSIPTION.
, , r \nuuni $lO 00
'fix Months 5 00
Xhri. Months 250
~, Month 1 00
j r Annum 5 00
1 \ Six Months 2 50
Three Months 1 50
Weik'.V i"-r Annum..' 3 00
.. ‘ six Month# 150
Utter from .Northern anil Middle
Georgia.
Dun':*#? 0 10 Cotton Crop—The “Brag
‘i, near Athens—Mr. Dickson’s and Mr.
Cm ].s -shallow versus Deep Culture
The Troubles in Hancock County—
Health of Mr. Stephens.
FROM OUB OWN COB RESPONDENT
jjPUiiA. Hancock Cos., August 150, 1860.
Durih ' i" last four days, I have made a
, r' i trip through Wurren, Taliaferro,
(_, . , ij, , (tin>rpe and Clarke counties, and
i it many a cotton patch during the
1' 11 no < xni'g.ration or random state
i ),» to iv Unit the heat of the last three
k.- h i-> -tut off the cotton crop fully one
• r.l in tu: j counties, and liius done more
j . . t ..hi the late spring, the June-July
i;"ht, tli rust and caterpillar all cotnbin-
T .• middle and top crops are destroy
lasi' by a blight. The withered forms
:bl > oins adhering to the stalk, attest
. t i,i< unfully tin? extent of the damage,
jhe I'otV'rti crop is left, and in many places
•..at v. rv large, but I have Seen a consid
. : a'■ number of bottom bolls wliich are
j nil,: immaturely, so that even the entire
. bottom crop w ill not bo marketable
Wlul in Clarke, I visited what are termed
th‘ f ‘bru r patch V’ of the enterprising agri
i iltiirali>t i of Athens, who not only plant
fur. nut mak<- upwards of two bags to the
It was a sad sight to seethe liavoc
whirl] th" heated term has done. All that
I’rriul preparation of the soil, all that liber
,l manuring, good seed, and timely and
thorough cultivation could do, has been
il .lie and done well. The stalks covered
with boll -, forms and blossoms, (I counted
rural stalks with 150, and some with up
> rtl of 200 on them,) are thereto attest
• tie- pnciii o, and to prove the perfect per
ir; mee if mm’s work, but from eighteen
iiirh iiove the ground to within eight or
;no in- ' i from the top all the forms and
limn:" withered, and look as if clus
ters of nmil lioj) flowers were fastened to
tiir stiilhs ( )n the top there are a few blog-
w■ i:eh are alive, and the bottom crop
i wry large; hut fully one-half of what
ihl hue bei’ii cotton, with favorable sea
mis, is irr< vocahly lost. . I noticed one
1' Urli in jin:. icular, which was enriched early
‘ast full by plowing under a good clover sod,
which v..i thoroughly plowed and sub-soiled
t<> u depth of sixteen inches, and seventy-five
1. 1 dii Is of cotton seed per acre sown broadcast
ad tmne 1 under in October, and left fallow
until Mari h, when it was again plowed, sub
uii'il mid bedded, and 650 pounds of Dick
-"ii ■ ('onipound, per acre applied, and
a l iieli w.i, planted on the 14th of April,
with Simp ur's seed. A better stand or
tu re | uniting cotton I never saw. The
row l at I , feet apart and the plants about
I- incites iqiart in the row. The stalks are
fevered with bolls, forms and blossoms. The
•'Win r counted confidentially on 750 pounds
lint to the acre, tunl he would have made it
with auspicious seasons. Fully half of this
crop is lost.
i siisv another patch planted in hills eight
et apart one Way, by four feet the other,
in‘re tun laud was prepared as thorougly as
was possible to prepare it, and where the
ibscquept cultivation was perfect. I believo
'"' l i" 1 »f fertilizer per acre were ap
-1 patch. A friend of mine count
>.l<: y> 101 l forms and blossoms on
■'"‘.■il »f the stalks. Os these more than
half arc ' lighted.
A ] | ■':rr l l< ,1 the see*.fid week in May,
'•"Mvib manured and with approved pre
]:e ‘ ii and culture, has suffered much less
is patches which wore planted in
April.
ElKv "win r 1 went I saw the same de
le! n Nmvliere, in my judgement, is
injury 1 -s than one-third, and in some
i v. ri manure avas liberally used and
mtivtion not so good, the loss will
reach two-thirds.
I Ii ' 1 that Mr. Dickson's crop is the
'I. la. laid for many years, and that
Simp on will not make more than ludf
( ‘i. the patches to which I have made
si ' 'i i uee. Dickson’s system of shiil
' ■ i ui with sweeps lias been prac-
A 1 the question arises would the
' >• n 10. s had ATr. Gustiu’s system
pi ■ ;■ culture been adopted.
i rn is almost a total failure.
I i-taud to-day that several of the
a lers in the assault upon Mr.
ui , have h on arrested and lodged
!,| im the past few days tlio health of
V x. II Stephens has not been so
11 is vi ry feeble, and suffers con
■ lie eiuinot move at all without
Kini. o: Mississippi.—General Adel
-1.1 rt Ami s. the dictator, now commanding
whui' >la\i sos Mississippi, is a native of
He was graduated at the West
' ! Military Academy, May 6, 1861, at
■hit lie was appointed Second Lieu
tin tl Second Artillery. He was pro
; Ijieutenant Coloucl in the ‘24tli In
s'- •! .!\ l. y >6o. He was breveted
ii a. ni, March 13, 1868. He is now
■ it ‘2s years iff age, and this mere boy
It" dominate over the people of a
v A-', and defy the regularly instituted
trts .if the United States, with no one,
■■ a the President of the United States
—to prevent!
I'ivliiitiiiai i l.x.iiiiinaf ion of L,
! .ilient lial. (liarscil the
Under of Anion Kemp, Colored.
SECOND DAYS' PROCEEDINGS.
_ ' u _ minutes past nine o’clock the
■ y •m - ins appearance in Court, es
i | y the Sheriff', and followed by an
y er nil of negroes, whose threaten
' iibil angry speeches and gestieula
' t. :. 1 wry plainly the angry feelings
: riained toward the prisoner. Many
" pi 1 min cut merchants of the Israel
: ;th were also present, encouraging
l.i.ieutlnd by their attention during
' : luest eventful period, probably, of
Liie young man appeared per
il and self-possessed, and listened
by to all the priK-eediugs around him.
“■ a o'clock a. si., the magistrates liav
- • - --embied. took their seats upon tlio
• when the case was continued.
1 ' -uusel for the State said they had
■ I r evidence to offer at this point;
! ieh ( lonel L. N. Whittle, on l>e
f the prisoner, stated that his client
' kc his statement before the Court,
- mi account of the events as tliev
a bualy occurred.
( Lilieuthal, standing before the
11 said: On the 18th of last Jan
‘ 'l•> v> ars old; my name is Louis
1 i; 1 was in the store at the time the
, land George Allen came in; I came
1 'ii the 2d of May, 1866; I wasen-
Xussbaumir Dannenberg as clerk
I staid with them live months,
<(' l!1 I got better wages I went to
N n. ii in Griffin; I staid with him
; 1 '- 1 ' 1 1806, to the Ist day of
i, *' <; I went back to Nussbaum &
i,, . ‘ rg-s on the Ist day of July, from
11 [ ■" -'1 i -ou. and staid till the first of
• ‘ l '' r u 1 «ent hack to Griffin and
l>,, and • r - till 2d of May,
‘ : Oav I left to go North and go
an, \ ; 1 college four months,
"lit-iv r’ to Nussbaum A Dauenberg’a,
'» tJ U the present time; when
'tor. m 'v 1 al i U * 116 deceased come in the
; ; . Nussbaum had been-waiting on
• ,io v‘ p! 1,1 “ e tu blii, w them a coat be
■ " lie 1 ", aated t 0 Bee OU bllsi
-1 sin, • i , uua, ‘ and his customers over to me;
lie a.,k,. 1 ‘ l c,)at , but he was not suited;
toula not JeO U ’ n • f ° r , a l Jillr<jf shoes; I
* bmt him m tlie shoes. He asked
me at what price I would sell him a pair of
boots for; I told liim (the deceased) three
dollars to three and a half and upwards; de
ceased asked me to show him a pair and I
told him to walk up stairs; I took some
matches along beforehand and got on little
steps under the gas light to light the gas;
while I was doing that deceased walked up
to some boxes of hosiery standing there, and
while lighting the gas, I saw him place a
box of hosiery under his coat; he put his
hands behind him, and hacked up to some
boxes of boots and shoes standing near
him; lie did'rit take his hands from
behind him; I asked him what number of
boots he wore; he said No. 10, and did not
tell me what kind he wanted, nor change his
position from the way he stood when he took
the box of hosiery; my little brother had
come up just a few minutes before that;
seeing he hail stole sometliing I wont into
the hack room aud took from under the pil
low of my bed a Smith A Wesson’s revolver,
a five shooter; I walked back to the deceased
and laid my hand on his right shoulder, or
somewhores near there; I said: “Uncle, give
up what you have stolen;” he broke and run.
and I think in running I tore his coat some
where on the right shoulder; I halloed,
“hold on—stop thief;” he kept on running,
and he was one or two steps down the
stairs when I fired, and did not mean
to shoot the deceased at all; he ran down
stairs, and went outside in front of Wrigley
A Knott’s hardware store, where they caught
him ; he said he was shot, and I said I snot
him; Mr. Avant, the policeman, came along;
I went into the store with him, and asked
Mr. Nussbaum to hail mo out ; Mr. Avant
said it could not lie done ; I put on my coat
and hat, and went with Mr. Avant to where
they had laid the prisoner, right off the side
walk in front of the last door of Wriglev A
Knott s store ; Mr. Avant looked over some
one’s shoulder and saw him lying there ; I
stood by Iris side, amt told him
to come on, and he carried toe to prison ;
That’s all, sir.
Upon reading prisoner’s statement he
lieggcil leave to supply an omission say
ing: I forgot to say that after I had
shot decnaed he dropped the box of hosiery
from under his coat upon the third steps of
the store leading down stairs into the street;
I picked it up, brought it down, and showed
it to several about there; I think my little
brother afterwards took the box ont of my
hands, and I do not know What afterwards
become of it; that is all.
The prisoner by request of Hon. George
M. Logan, one of the judges, signed the
statement just made by him.
By order of the Court, the negro witness
George Allen was then introduced for the
purpose of identification; Mr. Lilenthal
stated lie was tho negro who accompanied
deceased.
Air. T. D. Tinsley, sworn on the part of the
defence, says: I saw George Allen on last
Saturday afternoon; I saw him in the crowd
collected around the negro who was shot; it
was on the street near Dr. Mettaer’s office.
Here, in compliance with the wishes of
counsel, George Allen, the negro witness of
yesterday, was recalled. He says:
I do not know as I ever seed Mr. Tinsley;
I seed Aaron Kemp lyin on de sidewalk-’ jest
fore Massengeberg’s corner; dar’s wliar we
put him on de dray; ilere was a great many
people dar; I don’t think dey was all colored
people; I didn’t know any of the white peo
ple dar; doift know Mr. Tinsley; es Iseedhim
I don’t know it; dar was one white mandat I
knowed, de man wot got his money; I should
know his name es I heard it; think it was
Avant, but don’t know; Aaron wasn’t shot at
de corner; I said de reason de man shot
Aaron was cause he didn’t give up his mofiev;
I didn't say nuffin’ fall bout his not tradin’;
es he hadn’t trailed wliar did he git de shirts?
dat is wot I said; I never heard no colored
man say dat Aaron got shotkase he wouldn’t
trade will de Jew, nor dat I had said so to
anybody; when I went to CareyJ W. Cox’s
arter a bucket of water de doctor come; I
wasn’t dere; I went to my house after some
pillows to lay tie man on; I've tole you several
times wot I said; I never told Dr. Mettauer*
that Aaron got shot ka.se he wouldn’t trade#
I don’t know Dr. Mettauer as I knows of.
Air. Tinsley recalled and his examination
resumed. He says; I saw George Alien
push his way through the crowd in front of
Dr. Mattauer’s office; I heard him make ex
clamations of grief and sorrow—they were
very extravagant and loud; I assisted Capt.
J. A. Simpson in giving deceased water and
brandy; I heard someone in Hie crowd say
that the Jew shot Kemp for nothing in God’s
world hut because he wouldn't trade with
him; I cannot say who made the remark;
there was a large crowd congregated there; I
heard no one state that the man was shot
because he would not give up liis
money when it was demanded of him;
George Allen had as good an opportu
nity to hear all that was said as I
had; I was bending over deceased at the
time; If anybody had been on the outskirts
of the party 1 might not have heard what
they said, hut being near me, I could not
avoid hearing, nor do I think could George
Allen have helped hearing them; had George
Allen said this at the time I certainly should
have heard it; I know of no other facts bear
ing upon this ease, except that I heard
George Allen ask those around to take de
ceased to his house,where he would take care
of him; I did not hear the pistol shot.
Cross-Ex<tmined —l never saw George Allen
before; It was the first time 1 ever saw him;
cannot say I ever heard George make any
statement as to the cause of the killing;
the attention of George Allen towards
the dying man gave evidence of
his being some sort of a relation ;
1 do not know that George Allen remained
there all the time up to the removal of his
body; I can form no estimate as to the num
ber of people there; there was perhaps from
fifty to seventy-live women,men and children;
I do not think there were an hundred people
present.
It is but fair to state at this poiut, that
the counsel for the State loudly protested
against the admissibility of all this testi
mony.
H. Mettauer, M. D., being duly sworn,
says: 1 simply extracted the ball from de
ceased; 1 do not know whose house it was;
it was opposite the guard house; one of
Ralston’s houses I think; did not examine
the wound particularly; found the abdomen
distended by clots of blood; I knew the man
was dying when 1 called; by the desire of
those present I extracted the ball.
Mr. Soligman Zumler, sworn; says: My
name is Seliginan Zunder; I saw George
Allen the first time at quarter past seven
Saturday night last, at a shanty on Ralston’s
estate, nearly opposite the guard house; a
great number of white persons was about
the doors and windows; do uot know whether
Dr. Mettauer had been there or not; I never
saw George Allen and Dr. Mettauer together;
Louis told me that a great excitement was
among the colored people on account of
Louis LiU-uthal having shot a negro, and I
went to see about it; I got jiermissiou to go
where deceased was lying; I saw officer
Wippler guarding the door; went in and saw
the officer receive the ball that Dr. Mettauer
had cut out of the abdomen of the deceased;
I saw a negro there that to the best of my
knowledge and belief was George Allen now
present in Court: 1 have seeu George Allen
twice, perhaps forty-five minutes in all; I
could pick him out in this Court room; I
saw him at the shanty near the guard house,
and then saw him on the stand as a witness;
I ought to know a man w hen I see him twice.
George Allen was asked by someone ia the
room what the Jew killed the man for.
Vross-Examinerl. —l said in my direct ex
amination that I thought the witness, George
Allen, now in Court, was the man I saw in
the shanty ; I could have picked him out
anywhere ; I thought that to say to the best
of my knowledge and beliefl knew the man,
was sufficient to prove his identity ; I stated
at first, that, to the best of my knowledge
and belief, the witness, George Allen, is the
man I saw at the shanty where deceased was
lying ; I did not know his name at the
time ; George Allen was asked by someone
in the room. “ Wliat did the Jew kill him
for V” (The man, George Alien, who was at
the head of the dying man, facing the door,)
said in answer, “ For nothing, but because
he wouldn't trade with him ;” the room was
full of persons ; I noticed Mayor Ob >ar,
Col. Cummings, Capt. Simpson and others
on the outside of the premises ; I was inside
the room when the ball was given to officer
Wippler ; the room was a very small one ; I
have examined the premises where Aaron
Kemp was shot. Here a diagram was shown
to the witness.
C Stairs.
CH|
(
8 Feet. |
B ” 1 J
j *3!
5>
» **
U,
r v OGaa.
I think this diagram is correct, as to the po
sition of the goods in the store; I have seen
tae premises yesterday and this morning;
the piles of goods in the passage way near
the stairs, average eight feet high, I should
think ; if a person were proceeding from
the gas-light to the steps for the purpose of
running down the stairs, he would have to
riui a circuitous course ; he could not climb
over tha goods, they are piled too high.
A person standing at A on the diagram
could not see a person standing at the Dead
of the stairs owing to the goods; he would
have to go down the passage near the letter
B before he could see a man on the stairs.
Here the Court adjourned until three
o’clock this afternoon.
AFTERNOON PROCEEDINGS.
The Court met at fifteen minutes past
three, when the examination of witnesses
was resumed irumediatelv after the testimony
of the witness last taken was read. Air.
Zunder then said:
Standing at C a man might see the head
and shoulders of a man standing at the top
of the stairs; in order for tho prisoner to
have hven able to shoot Aaron Kemp, he
must have heeu as fur down the passage as the
point indicated by the letter B; I have never
known prisoner very intimately; it may have
been two or three years since I first met with
liiin; I know liis character from hearsay; his
character I know nothing against until the
shooting; lie is a co-religionist of mine, and
had there been a word against his character I
should most certainly have known it; from my
knowledge of Air. Lilientlial’s character pre
vious to the shooting affair, I should say it
was good. Air. Danm-nberg, one of his em
ployers, stated to me previous to his leaving
for New York, “I ean boast of as good and
as honest a set of clerks as can be obtained
anywhere.” I consider the character of the
prisoner good, for honesty and integrity; I
also consider him a quiet anil a peaceable
citizen; I saw George Allen twice on the
evening that deceased was shot; I met Mr.
Shropshire (local editor of the Telegraph) at
the store of Messrs. Nussbaum & Dannpu
berg, and with him went to view the body;
Capt. Simpson cautioned Air. Shropshire not
to say anything about this case iu his
paper, in my presence; George Allen was
there at the time; he (George Allen) gave
Mr. Shropshire an entirely different account
from what he had given me previously; the
story he told Air. Shropshire was somewhat
different from what he has sworn to on the
stand as a witness; he told Air. Shropshire
“the Jew said Aaron had stolen something;”
he added, “I swear I didn’t see anything;”
he stated the Jew took him by the coat aud
held a pistol to him.
Cn/.x's- Kamimed. —I know Alaj. Gallagher;
he was almost kneeling by deceased when I
went there with Air. Shropshire; I don't
think Alaj. Gallagher heard what was said to
Air. Shropshire; while Alajor Gallagher was
present hi* was the only spokesman till the
Captain qf Police whispered something in
his ear, upon which the Alajor got up and
went out; I never doubted the identity of
George Allen; I felt iu doubt as to how I
had better express myself; with several gen
tlemen, on Monday morning, at a quarter
past nine, I first visited the scene of the
murder; I have been there to-day and re-ex- i
aniined the place; I did not measure the.
distances laid down in the diagram now be
fore the Court, hut I give the opinion that
the diagram is correct to the best of my
knowledge and belief, having seen both the
room and the diagram. By the words
“knowledge and belief” I mean, as far as I
know, and as fur as I believe from mv knowl
edge. When I know anything, I lielieve it to
be a fuel. (Great Laughter). lam not an
American, and I give my ideas the best way
that I know how. If I were asked if Judge
AVyehe was on that bench; I would say ‘ ‘to the
best of my knowledge and belief that is Air.
Wyche.” [Roars of laughter] That is mv
way of speaking; if you tell me anything I
repeat it in a court of justice as something I
have heard positive; as regards identity of
persons I always say “to the best of my
knowledge and belief;” the statement I
heard made by George Allen to Air. Shrop
shire was made a quarter of an hour after
the first statement made in my hearing; both
statements were made Saturday night; I
think there was but one window to the shanty
where deceased died; Mayor Obear was near
the window; Colonel Cummings (chief of
police) was about ten feet away; deceased
was lying inside the room, his feet were
about three feet from the door ;
Col. Cummings was talking to the police at
the time; Capt. Simpson was standing very
near to Col. Cummings; I was at the house
on my first visit about thirty minutes, I
think; George Allen was there when I first
went there, and as far as I could see, was
there when I left; he was there when I got
hack with Air. Shropshire; we staid .about
fifteen minutes the second visit; four or five
negroes were sitting round the wounded
man while I was there, on both occasions;
if they were here I could point out one of
them; when these statements were made to
Air. Shropshire, Alajor Gallagher was kneel
ing down; Air. Shropshire entered and stood
near; Alaj. Gallagher. I think, did not hear
the statements made Air. Shropshire; I lis
tened to Major Gallagher some five minutes
perhaps; his .conversation was to me, very
interesting; I think there were candles
lighted on the floor; I remained about ten
minutes after Alajor Gallagher went out of
the room.
George T. Van Epps, (sworn). —I am ac
quainted with prisoner; have known him
five or six months; I have never known any
thing disreputable of him; ail association to
which he belongs speak of him as being a
very gentlemanly fellow; I think he is a very
peaceable young man; I never heard his
character for honesty or integrity assailed.
Siefred Lilienthal. (sworn).—l am a broth
er of the prisoner; I was fifteen Ist March,
1869; I am a clerk for Nussbaum & Dannen
berg; I was in the store Saturday evening
last when Aaron Kemp was shot; I did not
see him when he entered the store; George
Allen was with him when I first saw deceas
ed; Mr. Nussbaum was showing the negroes
some coats; Mr. Nussbaum did not continue
to wait on them; prisoner waited on them,
and went up stairs with them; I did not go
up stairs with my brother, Aaron and George,
but went up shortly afterwards; I was order
ed up stairs by another clerk; when I went
up stairs 1 sat down on a step-ladder that
stood under the gas-light; I was three or
four feet from Aaron Kemp; when I sat
down, the prisoner went into the backroom;
when he came out he asked Kemp to give
up that box he had stolen: as soon as brother
said that, Kemp run; prisoner ran after him
and grabbed him by the coat; Kemp slip
pii through his hand; prisoner ran
after him and halloed to him to stop;
Kemp ha-pt on running till he got to
the second step of the stairs, when prisoner
fired; then Kemp dropped the box; when I
had reached the sidewalk the people on the
street had caught him iu front of Wrigley &
Knott’s store; the box Kemp dropped con
tained ladies' hose; it was a green box, about
eight inches long and four inches deep;
there are hosiery boxes up stairs; they were
about five or six feet from where Aaron
Kemp stood when I came up; I saw the box
Aaron Kemp dropjied; it lielouged to Nuss
banin & Dannenberg; I have performed my
usual duties iu the store since Saturday
night; there has been no change made in
the arrangement of the goods up stairs
siuee Saturday. (Diagram shown to witness.)
The diagram shown me is correct and rep
resents the passage from the gas light to the
top of the stairs; the goods have been piled
up all along the passage-way for sometime;
a man standing under the gas light cannot
see another standing at the head of the
stairs; from the gas light to the head of the
"Vita, sine Literis Mors est
MACON, GA.. TUESDAY. SEPTEMBER 7, 1569.
stairs I should think was at least fifteen
steps, but I am not certain; a man three or
four steps from the gas light, going toward
the stairs, cannot see a man on the top stairs;
when brother Louis ran after Aaron I fol
lowed close up; George Allen was standing
back of both of us; my brother called ou
Aaron to “stop” three or four times,
Cross-Examined. —The box of hosiery?
Aaron stole was worth about two or three
dollars; George Allen stood five or six feet
back of us in the rear; when brother came
out of his room I was under the gas-light;
Kemp was standing close to George Allen ai
the time; his back was leaning against some
boxes as he faced the prisoner; don’t know
where deceased had liis hands; passage be
tween the piled up goods was quite narrow;
near the gas-light it was not more than three
feet; it was wide enough for deceased to ran
by me without my getting out of the way
where I was seated; Aarou ran by me anil
brother followed him; when they ran they
were about two feet apart, perliaps; when*
K< top got to the stairs prisoner was three
pares from him and I ran up close to
my brother; George Allen was. behind me
somewhere; deceased dropped the hosiery he
stole on the second or third stair step; I*saw
him drop it from behind under his coat; fie
dropped the box right after being shot; I
did not pick up the box; my brother got
down the steps before I did; the box wa,s ou
the steps when I passed down; Kemp had
the box under his coat somewhere while
running; I do not know how he held on to*
it; I did not notice the box till I saw Aaron
Kemp drop it; I cannot say where Aaron
had liis hands wlrile b? was running; when
my brother came from the back room he told
Aaron to give up the box he had stolen;
I did not holler or say anything; Air.
Hirseh, one of our clerks, and
another gentleman, Mr. E. Woolf,
and Air. Nussbaum were down stairs; Air.
Nussbaum and Air. Hirseh were in the back
pars of the store; Air. Allbright was there
also, I think; when brother and the negroes
went up stairs, four persons beside me were
below—Mr. Nussbaum, Air. Hirseh, Air.
Woolf and Air. Allbright; my brother said
not a word about boots when he ordered
him to give up the stolen box; brother had
the gas lighted when I got up stairs; he was
standing near it; when I came up he went
back into his room.
Court then adjourned until 10 o’clock this
morning.
THIRD DAT’s PROCEEDINGS.
The Court of Magistrates convened yester
day at ten minutes past ten o’clock. The
prisoner was brought into Court by Consta
ble James Cain; the Sheriff of Bibb county
having gone to Atlanta the evening before
on professional business. The first witness
examined was Air. Henry Albrecht, who
being duly sworn deposes and says:
Aly name is Henry Albrecht; i was at the
store of Nusbaum & Dannenberg on Satur
day afternoon about six o’clock; I was there
at the time of the shooting iu front of the
stair steps in the store, standing on the steps;
I heard ‘the words, “Stop the thief!” once
I heard, “stop the thief” aud once “hold
the thief!” this was at the time the shooting
was going on or a little before; the first
man I saw coming down stairs was the thief;
I then ran away, because I thought I was
shot uiysclf; I was excited; I never knew
Louis Lilienthal before; the deceased ran
out aud they caught him near the Express
Office; I saw another negro that night, he
wanted to say something, but Air. Avant
told him to ‘ ‘shut up, for he had nothing to
say;” I should not know the negro if I saw
him.
Cross-Examined. —l live on Air. Peter’s
lot, m this city, and had business with Afare.
Nussbaum that evening; I heard nothing up
stairs except “Stop the thief,” and “Hold
the thief;” then I heard the pistol and ran
away; I thoughkJ was shot myself; I took
no notice of anybody; have said nothing to
anyone about what I was to swear if caffi-d
upon; I was sworn at the Coroner’s jury; I
do not know who I have talked with about,
this
-made to stalm up before witness;) I canndp.
; Jcntify this mau as the negro who was ~ [
deceased when he was shot.
Alyron Nussbaum, sworn : I am senior
partner of the house of Nussbaum & Dun
nenberg where this difficulty took place;
Saturday night two colored men came in;
I asked what I could do for them, and they
said they wished to look at some shirts; 1
showed them some; I sold them two; Aaron
Kemp bought them and paid for them; 1
sold the shirts for SI. 75 each; 81-50 was all
the change he had handy; he said he wanted
to buy a coat; I showed him some coats and
while showing them was interrupted by Air.
Hirseh, who came in with Air. Henry Al
brecht; I called prisoner to wait on the
negroes telling him deceased wanted to buy
a coat; I waited ou Air, Hirseh then, and
went with him to the back part of the store,
and by the time I got back to the front of
the store I heard “ stop thief ” from up
stairs, mul right afterwards I heard a pistol
shot; I saw the deceased running down
stairs as fast as he eoulil go; people outside
began to run after him and a few moments
afterwards the prisoner came inside the store
and a policeman came with him who said
that prisoner must go to the guard house!
Louis asked me if I would bail him out; I
told him I would if I could; I can identify
George Allen if required to do so; I do not
remember that I saw George Allen after the
shot was fired; when the pistol was fired, de
ceased ran down first, Louis next, and the
prisoner’s little brother, I think, came run
ning down last; I do not remember seeing
anything on the steps, but Louis handed me
the box afterwards that had been stolen from
the store, before anything was said to me
about bail; it was four or five minutes after
Louis had come down stairs; I was standing
near the steps when prisoner first came down;
he was running after deceased; he was gone
about two minutes; when he came back he
went directly after the box of ladies hose
that had been stolen; he brought them to
me; when he gave them to me he said: “Here
is the stolen goods that were taken from the
store;” prisoner is a half-brother of mine; I
have known prisoner for six or seven years,
and know his general character; I ought to
know it by this time; I call it first-rate; he
entered our employment in 1866, but has not
been in it all the time; I pay him §90.00 per
month and liis washing; he sleeps in
the store, for which he is not charged any
thing; I regard his character as first rate;
he is faithful, industrious, and hard work
ing; I never knew him to quarrel or fight;
he is very peaceable always.
Cross-Exrtminalim.—l am prisoner’s half
brother; when these parties were going up
stairs, I was iu the rear of the store and did
not see them go up; when I heard the cry of
“Stop thief” I was at the foot of the stairs,
three feet apart from Mr. Albrecht when the
pistol was fired; I don’t think Mr. Albrecht
was standing under the stairs; deceased came
down stairs first, prisoner following him
about three feet in his rear; both ran out of
the door; prisoner came back alone two or
three minutes afterward; he then went up
stairs, returning with a box of hose, which
he gave me; the policeman (Mr. Avant) then
came in and made the arrest of prisoner, who
asked me to bail him out; I left the box on
the second counter from the door, near the
middle of the store, not in the rear
of the stairway ; the prisoner did
not bring the box down with him when he
first came down; I left the box on the coun
ter and do not recollect having it in my
hands any more that evening; the prisoner
gave me the stolen box before he was arrest
ed; at this time there was so mueh excite
ment that I really do not know whether I
showed the box to policeman Avant or not;
1 have no recollection of showing the box to
policeman Avant, or saying to him that de
ceased had stolen that box; I did not invite
either of the negroes to come and trade at
our store; they came in of their own accord;
I do not recollect seeing George Allen before
he came in with Aaron Kemp.
Direct Examination Resuvied. —l believe all
I have said about the box of stolen hosiery
to be true; I think I am positive on this
point; the goods in our store had been piled
up for nearly a week, when Mr. Zumler
came to examine the premises; they had not
been disturl>ed in the least since the
negro was shot; Mr. Albrecht was not
in front of the steps; he was on
the side, three or four feet off I
should say; our store has three front
doors, all of which were open; the steps
commence to go up a foot or a foot and
a half from the right hand door; I was a lit-
j tie Excited wheu the shooting affair trans
i piml; during the chase of deceased by Louis
I ib not know what I was doing, onlv that I
was behind the counter; I remained in the
store and did not follow the prisoner and the
deceased to see where they went to.
After reading the written testimony of wit
ness. there seemed some doubt existingin the
minds of the Court as to the exact meaning
of the language used by witness. The Court
—( Judge \\yche)—asked the witness :
Did you or did you not, on Saturday even
ing. give that box of hosiery to the police
man f Air Avant?
' —I did not!
' Iu explanation, it was stated by witness,
th u * he thought it was his duty to give the
property alleged to be stolen in charge of the
police, hut in the excitement of the occasion
he forgot to do so.
Air. AI. AI. Hirseh, sworn—l was at Xuss
baum & Danuenberg’s store Saturday even
ing 1 ..st, between six and seven o'clock; I
went there with Air. Henry Albrecht; when
I entered the store Air. Nusbaum was selling
goods to two colored men; he was trying to
hem some clothing; I told Mr. Nuss
b.-mit. I wanted to see him upon business;
Af r . Nussbaum then called Louis, and went
if with me; when I got through with Mr.
-V- - ha uni I went iu front of the store; while
I was talking with some friends I heard a
shot and the words, “stop him!” cannot tell
which heard first there was so much ex
j ' (fTef.! I ran after the colored man; when
■TV 'ff -r TT, the Express Office somebody hud
caught him; there was a big uoise made by
George Allen, who said to me that the
other negro had been shot; when the
police got hold of deceased I ran hack to
the store where I met prisoner with a pistol
in one hand and a green box in the other;
lie made this remark : “this is the box he
t-'lc ; ”Mr. Avant, the policeman then came
in and told prisoner he must go along;
when Aaron Kemp ran out; I can’t say
whether Louis followed him or not; when
policeman Avant came in the store Louis
was. standing behind the counter; he had
laid the pistol down ou the counter; some
body sung out “ Avant take that pistol; ”
I don’t know what became of the box; Air.
Avant, I think, arrested prisoner in the
store; but I cannot say positively whether
he did or not; I cannot say what reason was
given for the shooting; I heard Louis ask
Air. Nussbaum to go his bail; I have lived
three years iu Macon, never heard a word
against prisoner’s character, and would trust
him with anything I have got; I believe him
a peaceable, quiet young mau; I went to
New York with him last year; I am not cer
tain that I heard the cry of “stop him ”
before the pistol was fired.
Court adjourned until three o’clock p. m.
AFTERNOON PRO< ‘ EED3NGS.
B. F. Dense, swoon—ls acquainted with
prisoner; he has with witness
eleven months; knows the general character
of the prisoner; never have known him to
use an oath or vulgar word; he is peaceable
.aid orderly, while his character for integrity
is perfectly good; lie saw a gathering on the
evening in question, near the comer of Third
and Cherry streets, and went up to see what
the matter was; when he reached there he
. saw a man lying full length on the ground,
near the steps leading to the office of Dr.
Mettauer; his shirt was tore open and a man
was by him pouring water on him; I asked
what the matter was, and the mau who was
attending or pouring water on the man on
the ground, said in reply that he thought a
Jew shot him because he would uot buy a
pair of boots from him; I cannot swear
positively to the man who answered me; ac
cording to the best of my knowledge and
a relief tin, man now standing up called
'George Allen is the man who made this
statement that the Jew shot him because he
would not buy a pair of boots from him; I
have seen him before, I think; will uot swear
Positively he is the same man.
Cross-Examined. — I saw George Allen only
‘while I was talking with him, say some four
or five minutes; if George Allen was dressed
. .’iff'erently on that evening, I would say he
s tiivu, i gave ■> <l—•< cin,, ra .,
/Allen before x m* him this morning, and
the description now suits the man who is in
Court and answers to his name; the descrip
tion that I give, and now refer to is, that
the man is a tall black man, and had on a
light or yellow or some other sort of a coat.
Air. Zunder (re-called) Had an (opportunity
of seeing the dying man and examining the
course of the ball; the ball had been cut
out when 1 came there; the wound in front
seemed somewhat lower than it was behind;
I am sure it was lower in front than in the
rear; (here he examined the diagram shown
him); I find that the passage-way for eight
feet long under the gas light is about six feet
wide, aud that the balance is some two and
hall' feet wide; I have examined the piles
of goods ,tliey measure five, seven and eight
feet high; at the corners the goods measure
full seven feet high.
AAA R. Avant, sworn.—-On Saturday even
ing at six o’clock I was standing near Has
dai’s liquor store, on Third street, when I
heard a pistol shot near the direction of
Messrs. Nussbaum & Danuenberg’s store; I
started at once and was a quarter of the way
across when I saw four men come out of the
store, two negroes and two whites; I found
the parties had been stopped in front of
AVrigley & Knott’s store; 1 went up to a ne
gro man who seemed to be attracting some
attention, and asked what was the matter?
the answer was from AaroJ Kemp, “I am
shot!” I went across the street double-quick
time, or as quick as I could get there; I said
to the negro, “I reckon not;” he then re
plied, “ I am a dead man, sir;” I asked him
how he was shot; he showed me by his fin
gers and said, “I’m shot through the
body;” on raising his clothing I found him
shot through the body; I asked the question
who shot him; two or three answered me
at once; George Allen was one of them;
I at once arrested Air. Lilienthal,
and took him to the Guard-house; he had a
Smith & AA’esson pistol in his hand at the
time of his arrest; I went behind the counter
of the store afterward anil got the pistol;
when I arrested him, I said to him “I want
that pistol;” he did not hand it to me, but
laid it down on the counter from whence I
took it; it was some three or four minutes
after the pistol was fired when I arrested
prisoner; there was much excitement at the
ti. Lie; as I started with the prisoner to the
Guard-house Air. Nussbaum came to me
with a green box, and said: “Here is the
goods that have been stolen, or words to that
effect; I said I had no use for it; cannot say
where he put it; there was a bit of cord tied
around the box; at the time the negro told
me he was shot, I think he knew he was about
to die; he said to me “lama dead man; ” he
seemed suffering and weakening fast; I came
back ten minutes afterward aud they had
moved the dying man; Aaron told me he did
not know the man’s name who shot him; he
told me; that himself and George Allen had
gone into a store to trade and that a gentle
man had taken them up stairs where thev
looked upon some goods and failed to agree
upon the price, eqcept two shirts which one
of them had purchased; the gentleman who
went up stairs had come toward them with
a cooked pistol in his hand which he placed
against the deceased sating: “ I want your
money;” they then turned to run down the
stairway when Aaron was shot; that is about
all that deceased said to me; I think priso
ner was standing upon the sidewalk when I
got up there but will not be positive; I don’t
know that I noticed the pistol at first; I
think from his countenance lie was the same
man that I arrested; there was a great deal
of excitement at the time; prisoner was not
out of my sight a moment after I made the
arrest.
Cross-Examined. —Aaron Kemp said they
failed to agree on account of prices; he did
not tell me whether he bought the shirts up
stairs or down stairs.
Direct Eraminatiom Resumed.-—I don’t
know which of the two negroes bought the
shirts; my impression was they had been
bought up stairs, from what he said.
Crass-Ecamination Resumed. —I cannot
say that I was unusually excited at the
time of making the arrest; I acted
about as I usually do; I am satisfied
that my answers are correct; I do not
know the width of the street; I suppose
it is one hundred and eighty feet wide, in
cluding the sidewidk; when Aaron said, “I’m
a dead man,” he was nearly in front of
Wrigley A Knott’s store; I did not at any
time see the green box of hosiery in the
hands of the prisoner; the parties who ran
out at the door were two colored men, one
white man and a white hoy; at the time thev
ran out. I did uot see cither of them have a
! pistol; the first time that I observt-d it was
j *hen I made the arrest; my remark at the
time of making the arrest was. “I’ll have to
I arrest you, sir; I then followed him to the
store of Nussbaum A Danneuberg and told
him he might consider himself under arrest;
I did not take hold of him; I did not
hear the prisoner say a word about
bail; Air. Nusbaum said to me “I want you
; to release this mau and leave him in the
i store, I ■will go on liis bond for an hundred
dollars: I thought at the time liis name was
1 Danneherg. and so said: “Mr. Danneberg,
I don’t do business iu that way;” I then told
the young man he must go with me; I might
have said “goto the Guard-house” jierhaps;
I did not hear Louis say he hated to stay all
day Sunday in prison; I could put my hand
on the prisoner at any moment after I hail
made the arrest; prisoner stated to me on
his way to the Guard-house, that he
was up-stairs with two negroes, one
of whom he caught stealing his goods,
and as soon as he saw he was discov
ered in the crime he attempted to run.
“upon which” prisoner said to me, “I shot
him;” the prisoner did not tell me that he
sung out to him to stop; I am not mistaken
in Air. Nussbaum's identity; he is the man
who offered me the stolen box of hose; be
fore I arrested prisoner; the deceased had
said to me, “lam a dead man!” I turned
the prisoner over to the jailer and hurried
back; deceased had been moved; a great
many people was there; I recognized George
Allen and a negro named Gimp, who drives
a dray; I went there with Capt. Simpson;
I took charge of the wounded man’s money;
do not recollect the precise amount just
now; we put deceased on a drav anil
took him to a house on Fourth street, where
we left him; cannot say what sort of a coat
Kemp had ou; think lie wore a blue blouse,
but I am not positive; supposing deceased
had on a coat, (which I do not know any
thing about,) I do not think he could have
carried a box, eight by four inches for thirty
feet without holding ’his hands behind him;
I don’t know whether he wore a blue shirt,
or a blue blouse', such as is worn by Federal
soldiers; if he hail worn such a trick he
might have been able to conceal such a box,
and he might not, I am sure I cannot say.
Here the Court adjourned till 9 o’clock
this morning.
FOFTH DAYS’ PROCEEDINGS.
The Court convened at nine o’clock yes
terday morning, the prisoner being brought
into Court by Sheriff Alartin, who had just
returned from Atlanta. Several Israelites
accompanied him, and ranged themselves
around him in Court. The negroes did not
turn out as largely as yesterday, though the
seats upon the left of the Court room were
pretty well occupied. The case still excites
a large degree of public attention among
the Israelites on account of the position of
their co-religionist, and among the negroes,
who are eager in their demands for what
they call “jestis.” The ease terminated to
day, so far as the preliminary examination is
concerned.
Alajor J. C. Gallaher (sworn) says: I was
at the house of George Allen twice Saturday
evening; I frequently pass by that house
going from my office; Saturday evening
there was a considerable crowd gathered
there—a mixed crowd of white and colored;
having heard of the killing, and seeing a
good many of the police, I had some appre
hension that there was an undue excitement,
and when I got to the door of the house I
saw Dr. Alettauer in the room aud the man
lying down on the floor; that was the first
I knew of the wounded man being there; I
went into the house and witnessed the ex
traction of the ball; that is all that occurred
at that time; I left with Dr. Alettauer; I
came up town and in a few minutes re
turned; when I got opposite the door the
second time I saw Air. Shropshire in tho
room, with his right hand behind his right
ear, listening, as I supposed, to somebody
talking; I supposed he was getting items for
his paper; I think I saw Air. Zunder iu the
rnoin shortly afterwards; did • not know liis
Il( une at the time; when I went in George,
Allen was just commencing his statement to
Air. bin Kr-. ’iiir U ; j understood him to say
that “they” (Aaron <md George Allen)
were passing by the Jew store, (without re
ferring to it by the name of the proprietors;)
ho said there was a Jew in the door who
asked them where they were from; he said
he told him they had been working upon the
Brunswick Road; he said that the Jew
then asked him in to trade with him; he
said they both went in, and that deceased
asked for two shirts, which the Jew showed
him, and asked him three dollars for two
shirts; Aaron refused to pay the three dol
lars, when the Jew agreed to take 81.75 for
the two shirts; the deceased then asked for a
pair of shoes, when George Allen told him
uot to get the shoes there, for he knew of a
white man who would give him a better bar
gain ; George afterwards qualified this state
ment by saying he meant by the words
“white man” one of our own people; the
Jew told him to let deceased alone, and let
him do his own trading; he was asked by the
Jew if they were kin to each other; Allen
said they were cousins, though it was not
so, for they were not related; another Jew
then came up, caught Aaron by the collar,
and said, “You come up stairs with me, I can
trade with you, I know, let that other fellow
stay down stairs;” George Allen followed
them up stairs, when the prisoner at once
lit the gas and asked what number he wore;
deceased told him No. 10; prisoner then
went to the back of the store and returned
with a pistol in his hand, and asked him if
he was going to buy the boots; deceased said,
no! the prisoner then presented the pistol to
Aaron’s breast, and told him to give up his
money; deceased started to run, when the
prisoner grabbed at him, missed, and fol
lowed him; when deceased was about shirting
down the stairs the pistol lired; they all Tan
down into the street; I left George Allen’s
house when Mr. Shropshire got up from his
hunkers; I don’t know' how to express my
self better than by saying he was what the
old women in the country call, “hunkering
down;” ail I know of the affair, is overhear
ing this conversation; I did not want any
thing to do with this case; I believe Mr.
Zunder honest in all his statements, but
think he was mistaken as to the exact point
of time; the only thing I said at that time was
to tell George Allen to speak loader, as Mr.
Shropshire was unfortunately hard of hear
ing; this is the only remark I now remem
ber to have made, liefore Mr. Shropshire got
up from his position; my recollection is not
very positive, but I think Mr. Zunder was
there the second time I called; when I
first called, I was not excited in the
j least ; afterwards, I confess to feeliug
some little excitement after I had heard
George Allen’s statement; several darkies
were about the door; I told them not
to be excited for the laws would certainlv Ik?
vindicated; room was very small; deceased
had his feet close by the door, his head was
near the upper end of the room; I was not
requested by any officer to leave the room:
afterwards I said, “Shrop,” my usual way of
addressing him, “make your statement in
your paper an impartial one, don’t prejudice
the public mind in any way upon this ques
tion;” I then remarked that he, through his
paper, ought “to rebuke the Jews for going
out ujxm the street and pulling them in to
trade with them, and abusing them if thev
did not trade with them;” I spoke quite loud
to Mr. Shropshire, (who is a little hard of
hearing/ and in the loud speaking manifested
more excitement than I really felt; I was
■somewhat excited, I admit; I was not inter
rupted till I had said all I had to say; Capt.
Simpson then said to me, ‘ ‘there is a great
deal of excitement here and your remarks.
Major, has a tendency to increase it;” I then
said: “well, then, I have no more to sav,”
and soon after I left; when I left the room
I think I left Mr. Shropshire and some of
the police with the dying man; I do not
know where Mr. Zunder went; when Dr.
Mettauer left, George Allen was seated on
the floor near the head of deceased; Dr.
Mettauer was there when I came; I saw him
extract the ball, and should not have entered
the room had I not seen him; while Dr. Met
tauer, was there George Allen changed his
position in order to assist Dr. Mettauer; he
held a saucer, or something, I think, to
catch the blood, when the ball was being
extracted; I think it was George Allen who
telling deceased to be quiet and not to
talk; during my first visit I thought George
Allen had just got possession of the fact that
Aaron Kemp had been accused of stealing
from the Jew store; he said: “they needn't
to say he stole anything, for he didn't;”
there were several negroes about the room
j at the time Dr. Mettauer was there; up to
the time of George Allen's statements my
attention was not particularly drawn to him;
j I think George Allen took an active part in
| talking to deceased.
Hubbard H. Herrington (sworn). —ATy
place of business is at the store of Wrigley
! A Knott; I have seen George Allen; I was in
front of the Express office door, the second
j store from Nussbaum A Danuenberg’s, con
| versing with some of the employes of the
office; I heard the sound of a pistol shot
I coming from the direction of Nussbaum A
Dannenberg’s; I heard tlio words “Stop
him ' very distinctly, but cannot say whether
before or after the shot; as I turned 1 saw
deceased rush out of the door next the Ex
press office, and rush down the street; I
made two steps forward; Mr. Hirseh, I think,
was chasing deceased; as deceased came in
front of me he male a halt, and I placed my
hands on him; about this time tho pursuing
party came up and caught hold of deceased,
when I released my hold; deceased then
made the remark that he was shot as tliev
were carrying him along the pavement to
ward Nussbaum A Danuenberg’s; I stepped
into the middle door of our store, where the
party stopped to examine the wounds of de
ceased; I stepped forward and looked at the
wound; I know nothing material in this
ease except what I heard George Allen say,
the substance was as follows; “The difficulty
arose because deceased would not buy some
thing!” (that is the way I understood it; I
cannot quote George Alien’s language, luit
that is the wav I understood it;) this occur
red in front of our store; I was present when
prisoner was arrested; I know the prisoner;
have known him ever since his employers
have occupied their present location; I know
the character of the prisoner; it is good; he
is an orderly aud a quiet citizen, and as far
as I know, I know nothing against his char
acter for honesty or integrity.
Robert D. Shropshire (sworn). —I went
where deceased was lying with Air. Zunder;
he remained at the door, standing oil the
steps, liis head leaning inside in a listening
attitude; I did not see Alaj. Gallaher when
I first entered the room; George Allen made
a statement to me about the shooting of de
ceased; Ido not know whether Alaj. Galla
her was in the room all the time during
this interview with George Allen or not; he
was there a portion of the time; my atten
tion was first called to Maj. Gallaher by his
addressing me; George Allen wius speaking
to me at the time; I do not think lie had
finished his statement when Alaj. Gallaher
spoke to me; Alaj. Gallaher left the room
before I did; I think George Allen answered
my questions after the Alajor had left; I
asked George some questions which renewed
our conversation; I was nearest to George
.Allen; the Major was seated near the door;
George was not ten inches from my ear; The
Major was on one side of the dying man; I
wason the other; I heard George Allen’s state
ment perfectly distinctly; he was called by
my side by Officer Foster, who told him I
was dull of hearing; I can hear the natural
tone of a man’s voice if seated close to me;
I did not see Alaj. Gallaher when ho en
tered ; when I sat at the head of tho dying
mau I asked his name; Officer Foster called
George Allen and told me there was a man
who knew all about it; George gave me the
name of deceased; I asked why he was shot;
he replied: “we were up stairs trading; while
up stairs, the Jew went to the back of the
room and returned with a pistol in liis hand,
he seized deceased by the coat, held a pistol
to his breast and said, ‘now give me that
money, sir!’ ” I interrupted George Allen at
this point and asked him if the Jew shot him
because he would not give up liis money?
George replied: “It was for that, or because
the deceased would not trade!” I asked him
why he did not assist his friend? he replied:
“I was afraid I’d get shot too;” deceased
broke away from the Jew who followed close
after him. halloing “stop thief,” hut the de
ceased had stole nothing; when deceased
got to the head of the stairs, tho Jew shot
*” *l“.l *-> lUo onEcfonr-p r.f our e.illVi'r^'l
tiou, when Alaj. Gallaher interrupted me
George Allen was explaining why deceased
had been shot, that is because he would not
trade with the Jew; I mode a memoranda of
George Allen’s statement at the time of mak
ing it to me; I am an editor of one of the
city papers; I wrote out this ease for my
Sunday morning’s paper; I do not know
what became of the manuscript; taking my
deafness into consideration as George Allen
was speaking very loud, I suppose every one
in the room heard his statement as plainly
as myself; I think Alaj. Gallaher was a lit
tle excited at the time; I have heard Alaj.
Gallaher’s statement in court to-day; I be
lieve I have stated all that occurred between
George Allen and myself.
At this point it was announced that the evi
dence on both sides was concluded, when tho
Court announced that it reserved to itself
the privilege of adjournment at the termina
tion of either of the speeches made by coun
sel at the proper time.
The opening speech was made by A. O.
Bacon, Esq., of *he legal firm of Bacon A
Simmons. It was a good speech, reflecting
great credit upon the speaker, although he
bore down heavily upon the reporters for
having given the exact language of the negro
witness, marked by all the patois incident to
the negro style of dialect.
Air. Bacon was followed in his remarks by
Col. John B. Wei ■ms, on tho part of the
prisoner. His speech was a telling one,
every word of which was listened to with
the most intense eagerness by the audience,
and by none with a greater amount of pleas
ure than the representatives of the Press.
The Court adjourned at this point to meet
again at three o’clock in the afternoon.
ATTEBNOOS PBOCEEDINGB.
The Court convened, by a rejoinder from
Col. L. X. Whittle, who commenced by eulo
gizing the representatives of the press pres
ent at the trial for the exactitude with which
the testimony of each and all of the witnesses
had been presented to the public through
the medium of their respective journals.
He congratulated the newspapers for the
possession of such able reporters, and said
that no higher compliment could lx; paid
them than to say their rejjortn had been ver
batim! He thought no Court of Justice
could demand more, and he was sure the
public at large had come to the same con
clusion as himself. The learned counsel
then entered into a lengthy and elaborate
argument in which all the evidence w r as
thoroughly analyzed, and the motives of his
client in defending the property of his em
ployer from thieves and robbers fully,
thoroughly, and ably defended at every
point.
At the termination of the closing argu
ments of Judge Anderson, which were most
ably presented to the Court, the four Magis
trates then on the Bench, viz: Judges Lo
gan, Burnett, Schofield and Harmon, de
cided that the decision of the Court should
be reserved until to-day at 10 o’clock, a. m.,
at winch hour it will be properly made*
known.
Judge Logan then decided this Court ad
journed until 10 a. m. , to-morrow. (See Sec
ond page.)
The Cotton Market.
From the Savannah News, September 1.
At the close of the cotton season ending
to-day, we have thought it proper to place
Ivefore our readers all the facts pertaining to
the growth and condition of the cotton crop
now maturing.
From information received, the crops
throughout the South are not so favorable as
w-as anticipated two months ago; up to that
time the weather was considered propitious
for the growth and perfection of the plant,
but since, we hear of complaints of different
kinds. From Southern, Southwestern and
Middle Georgia, the accounts are favorable,
while from the Northern and Western por
tion of this State the indications are that
not more than a half crop will be made, ow
ing to the protracted spell of dry weather.
From Florida, although there has been
some complaint of drought and caterpillar,
present indications point to a good yield,
both in the long and short staple.
In South Carolina the apprehension is that
the crop will be very much short of that of
last year, (more especially in the short staple)
the plant having suffered in many places
from rust.
Advices from Virginia, North Carolina and
Tennessee, state that not a half crop will be
raised in these States, they having suffered
VOL. XLI. NO. 43.
from the drought that has been prevalent
throughout our entire Southern country,
Alabama lias also .suffered from the samo
cause, planters compLiiningas in South Car
olina. 0e« rgu .. ; i . ....
Louisiana and Texas, the rust seemed to
have prevailed without an injury to the ma
turity of the plant. Indeed, inducing the
over-burdened plants to cast some forms in
order that others of more value mav mature.
In order tluit niauy of our readers may
understand the application of the word rust,
as is used by our planters this season, it may
be explained thus: The use of fertilizers this
season having exceeded that of any previous
year, gave the cotton plant a thrifty growth.
So long as the moderate moist weather cou
tinueel, the plant absorbed its gentle virtues,
but when this moisture ceased, and a
drought unparalleled came, the leaves com
menced to wither and decay, assuming every
feature of the rust. Although we do not
consider it the rust, for past experience
teaches us that the rust of cotton comfs only
from damp weather, still, the damage douo
from the excessive heat is prominent to the
eye of the spectator as he notices the wilted
leaves approximating very nearly that of
rust in dump weather.
The freedmen have, according to rejiorts,
worked well this year, and those who are dis
posed to lie industrious, liud steady and lu
crative employment in every instance whore
they were out of range of political influence;
we hear of them spoken of in tilt' highest
terms as laborers, and as such will soon re
gain the confidence of their employers.
Some of our planters are looking hopefully
to the introduction of Chinese laborers,
though we think there is much silent oppo
sition to the movement. Our most promi
nent and successful planters having a prefer
ence to the race that has been in their cm
plovment from their youth up.
The estimate of the new crop in many in
stances is placed at 3,000,000 bales, but it is
now generally coneeded timt the maximum
will be 2,700,000, with a possibility of not moro
than 2,500,000 being received. The receipts
of the new crop are much below those of last
year, and the stock on hand, at all the ports
oulv 17,212 bales, against 15,305 bust year.
Prom the comparative statement, which
will be found in its appropriate place, and
which has boon compiled with great eare, it
will be seen that the stook on hand at all
ports, for the year ending September Ist,
1808, was largely in the excess of the stock
on hand at the commencement of the pr< s
ent commercial year, September Ist, 1809.
The difference being 28,153 bales.
It will also appear that Savannah takes
rank as the second cotton city South; lead
ing Mobile by 134,580 bales. The crop of
1808-00 has fallen short of the crop of
1807-08 by 37,588 bales; exports to Great
Britain have decreased 2311,304 lades; to
France there has been an increase of 28,401
bales, and to other foreign ports an increase
of 7854 bales over the year 1807-08. Ex
ports coastwise exhibit an increase of 184,371
bales over the previous commercial year.
The exhibit is altogether gratifying, espe
cially to our own people, and anticipations
of a coming prosperous year for ISC.I—7O
will, we trust, be abundantly realized
From these facts, the prospect of high
prices, for some time to come, is conceded
by all, and Savannah surrounded as she is
by every portion of the State reporting good
erops, will receive as her merchants calcu
lated upon a larger number of bales than
ever before received m this city, thus offer
ing inducements to buyers for foreign ac
count to make our port their centre of ope
rations.
The weather is splendid for picking opera
tions, and the new crop is moving rapidly
into market, and readily taken up at our
quotations. The stock on hand to-day is ex
tremely limited, the previous day’s transac
tions having cleared the market of uplands,
with the exception of the receipts by steam* r
and railroad. We quote:
Liverpool Middling 3-
Low Middling 31
Good Ordinary
COMPARATIVE STATEMENT OF RECEIPTS, EXPORTS A XU STOCKS OF COTTON AT TIIK FOLLOWIN' (4 PLACES, TO LATEST OATES. COAIPARAIIVK COTTON STATEMENT
■ Exported to total Export* to Shipments to j, .rxckipts, kxportb asp stock on hasp, rkpt. 1 1860 h
nxcT-, Stock? Received Kxpt'd to Great Exported to Other Foreign ■ Foreign IV rts ■ Nsrthern Ports I Mocks ]" n a thk samk tiuk i.*st y* ir. 1 V
POhlS. ; on hand , since Brit a in since France since * Ports since j; since !■ since on hand and on | ,
i September Ist September let September let September let September Ist September Ist September Ist Shipboard. [I I isia» i ~
1 1 1888. | 1867. || 1860, 1 1868, II | ls,i
New Orleans August 26! 3,044! 15*58 838,621 587.121 342,736 827,688) 165,382 147,121 11&00S 106,66 m 630,621 581.477 H 225.880! 100,168 1 6511 1,707 8* !1" Sea "j
Mobile .August 20 j 2,161; 3,711 227.672 357.234 ! 137,350 211,034' 16.133 10,432,! 9,537 14,925 I 163,020 236,391. i 45.244 52,4151 371! 3.847 I Island Upl'd Island
Florida August tv 166 , 9: 1 24.493 31,774 1 ! 9 i 229 ] ! |i -My, o | . 15 572 ,17,1,561 j , 1 |,
| Texas...- August 2i> 172 2,651 1U.189 112,47s 56,501 39,670 i.625- it 630 20 639 80 131 61,931 ' 50,103 ’ :?9,35t 379 136 Stock on hand Sept. 1 60] 636 1221 611 1
Savannah I e P i J- August 31 511 351,972 485.8.54 1 128.572 234.531 19,963 9,8.30 12,981 9.195 161.515' 253.. 556 ; 189,989 230.205 144! • 101 . „ „
1 S. IsPd. f Augu.t l 60, 122 10.280 11.221 5.1"6 5204 9n6 74 p s.lfi 1 6,048 1 5,174 5,227. 160 55. Received since Aug. 26 ] 331 311
Charleston { L Pland. t J 1,849' 1,034 194,428 236,105 49,758 8 ..76.; 2,858 3,050 13,226. 1 82.814 ' 99.847. 141.529 134.183 , 801 3, '287
. Charleston \S. Isl’d, J August -4 yg UM 7.336 4.497 3,995 5,8'- 78 I 3,91 ft 5 966' 8.21*4 3.328 47 1 1 Received previously 10,280 351.005 11,221 486,543
North Carolina August 2o 20 50. 35,999 38,438 1 ! , 85,8S*Si 38,4.5s | 60 1 j
Virginia. August 21 161 200 158.219 166.283 6,234 8.282 . ; 6,i14 s. jsj 151,835] 157,7tVs I 15|. 170 Total 10,840 351,972 11,343 486,365
New York, overland August 23j 23,440 41,641 104.443 10ti,8'22 245,055 289,624 21,433 25,468 59,956 56,348 326, 4 1 1 371,440 , B,i»»i 36,(XHH ;
Other Ports...., August 21 6.763 ] 55,722 29' 1 ,815 321,154 9 >4 7,000] .' ] Exported since Aug. 26 ; 636 978
Total Bales 38 568 1 21,107 2.396.377 2,433,965 990, 573 ! 1,224.177 223,946 195,485 232.016 ’ 221,162] 1,443,751 1,615, B'*4 ; 862,619 678.248]! 17.212 45,tU'ft Exported previously 10.171 351.192 11,'-V 485,280
j Total last last season j j 121,107 . 2,433,965 1,224,177] .] 195,485 224.162 ,j 1,645,854 j 678,248 j 45,385 j ] -— — !
decrease .’. li 82,539! !I ' 37,588! !i! ’ 33.304L"!!iii!i !!.'”!!!”“! ,* ... i iioiioo L’..V.’..V.J i"”'2B,^’.".'. Stock on hand Sept. 1.... 1 169, 141 63 101 ’
I I I I I I I
The receipts at this port wnoe August
2fith, the dote of our hwt weekly
have been 3.37 bales, as follows . 1«1 bale*
per Central Railroad. 188 bales per Atlantic
and Gulf Railroad, and 62 bales per Savan
£h river steamers coast™*;
f ° r Philadelphia:
Total, G-Vt hale*.
■«*«»
Auguda »nd Hamburg. Aug. 31
Macon- Aug. _ ]]<i
Nwlivilie* Aug. 23 ___
52*