The banner-watchman. (Athens, Ga.) 1884-1886, January 27, 1886, Image 1

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HON. B.H. HILL Before tho aenateofOeorstato 1510-fer- don of W. i.. Choice. (Written for the Benoer-Wetchmen.] In 1860 tbo senate of Georgia bad in U some of tbo brightest intellects in the • State. Conspicuous of these may be mentioned, Billups, of Clarice, Tracy, of Bibb, Holt, of Muscogee, King, of Glynn, Lawton, of Chatham, Hammond, of Ful ton. and last, and most prominent in the erent which constitutes the theme of this article, Hill, of Troup. Many im portant incidents marked the course of that session ofthc Georgia legislature, but none of a local or personal character elicited more lirely interest than the bill for the pardon of Wn. A. Choice. He had been convicted of murder in the October term of Fulton superior conrt in 1850. The fact on whieh this convie- tion was baaed wea that on the 80th of Deo. '68 he bad shot and killed Calvin Webb, a constable of the county of Ful ton, who had on the previous day, on a warrant issued at the instance of a credi tor, arrested Choice for the failure to pay a small debt of tendollars. The murderer was a son of a pious widowed mother, who had for many years kept a hotel in Rome, and whose excellent per sonal character, and skill and hospitality in the conduct of her business, bad at tached to her a large multitude of friends throughout the state, and among them,the unfortunate occurrence in which her son was the chief actor, and the dreadful issue of that occurrence in his convic tion of murdor, had excited an intense sympathy. On the other hand, the ag. granted nature of the crime, the utter absence of personal provocation to its commission, the fact that the murdered man had been shot, as most distinctly ap peared, because of the execution of his legal duty, had aroused an intenso coun ter feeling of condemnation in the breasts of vast numbers, who believed his con viction just After conviction the case had been appealed to the supreme court, then having as its chief that model of judicial purity and learning, Judge J. H. Lumpkin, and the finding of the court below had been confirmed. The opinion of the higher tribunal had been express ed in such terms as to add to, rather than take from, the intensity of convic tion on the public mind, as to the cor. rectness of the verdict It was with this adverse state of facts that Mr. Hill, the principal counsel for tho defendant, had to contend in the endeavor to secure the pardon. Still another fact unfavorable to the success fill issue of his effort ex isted in the person of the Governor, J. E. Brown. The personal relations of these two men weru not at that time of such a nature as to encourage hope that he (the Governor) would be easy to influ. . once favorably toward any measure whicli might add to the reputation, or gratify the ambition of Mr. HilL They were rivals for the favor of the entira state. Mr. Hill was the brilliant orator, and the almost unconquerable political controversialist. Though comparatively a young man, he had met in debate the oldest and most renowned political lead ers in the state, and if not victorious over them in the strife of words, had won Ian- rels which bad satisfied his warmest friends, and at least excited the jealousy and spprebension of his enables. He had opposed Mr. Brown, I believe, in the last preceding gubernatorial contest, and, though defeated by a majority very grat ifying to Mr. Brown’s political friends, he had evinced such masterly control of his adherents, and they had shown such invincible loyalty to his fortunes, wheth er in triumph or defeat, as to subdoe largely the feeling of triumph on the port of his successful antagonist and those who voted for him. Mr. Hill bad. been defeated, but he had shown a vitality to defeat which was calculated to awaken apprehension. Besides these considera tions, it was a general belief that Gov. Brown possessed much of that iron firm- ness which to always necessary to the enforcement of law which is painful and total Mtainflictions.. He had won ■ reputation for superiority to the to flu encesby which less virtuous and Weakef men uncontrolled, which forbade the hope that he could be cajoled, or de ceived, or frightened into an unwise in terference with the coarse of the. law, after that h*d' been thoroughly, calmly and judicially appealed to. The pros pects.Of; success to an appeal for pardon to the seuate of Georgia, under all these circumstances, were slender. It requir ed the energy of despair, or the buoy- ancy'of an almost unreasonable hope to inspire the effort. It was probably as much th'e.foruMvaa the latter that was had boon by so small a majority, and . work, to the right of the Pros, .lent, left, then was such anumenus and weighty | saying he bad done his duty by uphold. bill had been once—possibly twice—• passed and /eturned without the Gov ernor’s ekastare. A final and desper ate ehs»t was now to be made to secure a two-thirds majority, which was neces sary to order to make the bill a lqw with out that signature. Its previous peonage vote against it, that no one but a. moat determined and unconquerable advocate could hare hoped atrong enough for suc cess not to weaken bis own cause by manifestation of discouragement How ever Mr. HiU felt, be never for once be trayed any bnt the moat fervent seal and the moat confident expectation of sue- cess. He began his gnat speech before the senate atthe opening of the afternoon seeeion. The chamber wee filled to iteut- moet capacity; representatives from the other end of the building, end citixons of leisure, andbusinesa men of weighty en gagements, hating heard during the noon reoeu of the anticipated ’ afternoon undertaking; wen then, drawn by the wide-spread Intereat already given the occumnce, and equally, also, by the re nown of the speaker, who had already come to be conaidorad well-nigh irrasiitible at the bar, ei well as on the etump. The wid. owed mother of the condemned men, for whose life this final heroic effort to be made, set in the aisle’ fronting tho President's desk, clothed in deep mourn ing, end evoking the sympathy of the sternest, not only by her son's dreadful danger, but by her own affliction with paralysis, with wich she hid sufferred from before the date of the crime. Just behind eat a sister of the condemned man, wife of a prominent senator; and just behind the sister, end very near the entrance from the lobby, sat the aged colored nurse,on whose motherly cere the infant life of Choice had leaned in safety. These were all clad in deep mourning. The lobby end gallery end every availa ble foot of space in every part of (he chamber wee occupied by the sympa thising and expectant Hr. HiU began with his usual deliberations, and for two hours that afternoon went patiently through the review of the history of the case from the commission of tho deed to the conviction. There were two points to which he gave especial promi nence. The first, that it was impossible to the very nature of things, that the man for whom he pleaded had a fair and impartial trial, at the time of his convic tion. owing to the excited state of the public mind in Atlanta against him; sec ond, that the evidences of his insanity were of a conclusive nature. His argu ment continued during the two hours of the afternoon session and then adjourn ment took place while he was in the midatofit He resumed his speech af ter the confirmation of the minutes next morning and for another period extend ing over an hour ar.d half, there was the same undivided attention given him by that crowded assembly. A vast number of enriona facta were brought forward to support of Mr, HiU’a second proposi tion. One thing .that had been held in the trial was that intelligent design ing capacity, or coherent recollection and narration of events wore proofs of sanity and positive disproof!' of insanit In rebuttal of this claim Mr. HiU had collected a number of'very remarkable instances of tho contrary. One of these the writer remembers in many of its de tails until the present day. A mother in New Jersey, I think, had been arrested and was on trial for tho murder of her own children to tho number of six or seven. Wien she came to make her own statement as she was allowed to do before the final verdict, she told exactly where ehe got the knifo or niorwUh which iho committed the deed; whieh one of her children she began the bloody execution on, the pains she took to make the death sure at one stroke, that there might not bo the arousing of tho other children by the straggles or cries of the the one which was being murdered, the order to which the committed the sepa rate acts, and what aha subsequently did with Hie instrument used, arid with the remains of her murdered children to ordaor to conceal hercrime, and other things that she did to escape the penalty of it; and yet she wan adjnged a lunatic, and if I remember correctly, was eonfin. ed at that time to the asylum of New Jersey for such unfortunates. The speech, was one of Mr. Hill’e best There were passages of iminttable rhetorical beauty and others ef surpassing elo quence, and tear-provoking pathos. He concluded with a powerful appeal to aU the hnmane feelings of hit bearers. Into this appeal he threw all that magnetism which belongs to one who has made the cause he ‘ advocates his own, and who pleads as though it store his own life at state; or rather aa though he were al. ready suffering the pains of death, and begging deliverance Tlie speech was closed amid profound ing the Governor’s veto before, and would now let the matter take its own course. By these absences the negative voto was so lessened that a two-thirds majority over tke Governor’s voto was obtained without materially increasing the vote by which the bill had before been passed. Thus terminated one the most hotly contested straggles of legal nature of which our court records afford us any knowledge. Choice after ward became a soldier to the Confederate army, was a brave fightojybut to the ond of his career addicted to drink, by which he was always inflamed into unnatural irritability. He continued to evince that want of harmony of character with which he was credited at the time of the killing of Webb, and aa a result of which, was both admired and dreaded even by bia friends. moss Hu reran. The Washington correspondent of the Atlanta Constitution says: H. W. J, Ham, of Gainesville, lost his place as clerk of the committee on education to day, by the tardiness of one of his friends. Some time ago Mr. Aiken, of South Caro lina, chairman of the committee, wrote to Colonel Candler, who is second on it, to assume the duties of chairman, and orgsniaa the committee, aa he could not tell when the condition of hia health would permit him to come to Washing- ton. Mr. Candler organised the' com mittee and is still acting aa chairman. He nominated Ham for clerk, sad he was unanimously sleeted. Last week Hr. Murkison, of South Carolina, presented hie appointment from Chairman Aiken aa clerk of this committee. This caused complication which was settled this morning. Nine member* of the commit tee were present, Mr. Candler presiding. Four voted for Ham and four for Murk' toon. Candler said that in deference to Colonel Aiken, he would vote for Hurt toon, which defeated Ham by one vote. Just as the committee adjourned, Mr. Taylor, of Ohio, came in hurriedly. He was very anxious to vote for Ham, and had he been five minutes earlier the clever Georgian wontd have been elect- Ii Is a rule of Uio liuuau that tho committee clerk shall be appointed by the chairman, by and with the consent of the committee. The point to raised in this case that Aiken has never been sworn in ns n member of the present house, and if, therefore, not chairman of the com. mittee, but his man will probably hold the fort, while all the Georgians here unite in the wish that Ham may get aomething better. THE DYNAMITER AT LARGE. Tebe Jackson capture* One of tha Doga. From th* Atlanta Constitution we learn that the Cartenville dynamiter still at Urige, and not only at large, bnt baa captured the celebrated negro dog, “Nig;’.’ that is said to b* the best in the' world. Old “Nig” may te a good one for runaway niggers, but he to not much on a dynamite nigger. If the Carters- villa people want Tobe Jackson caught, they had better lend to Jim Smith's camp and get dogs that won’t , bo tured. the real motive power in the appesL The '.(irhen and with many bedewed cheek* and the calling of th* yeas aad nays wsa proceeded with. Many senators who ■at patiently and listened attentively to the arguments and appeals, left their before their Os* ef them ■ernes were THS KATOK'S QXBKAX. Pro tom Mayor B. L Smith pnt on- th* fioveeywterday, aad knocked out sec tion 225 in three rounds. Several of the parties settled cases sgaimst them plead' ing guilty. There wero two dusky dam- sela wko had been a little too free with their tongue, and who used language not laid down to Oliver’s code* The Mayor pro tern, after giving them a good lecture, ended the performance with fines of seven and ten dollars. a day or ream. , Thursday, the 28th tost, will be wide ly obeervedasaday of prayer for educa tional institutions. There will bop onion service of prayer for young people at their studies,'at 3# o’clock, p. n^ on that day at the Presbyterian church. Ift- stractory students and the public gener ally invited to attend. \ r f; John Booker, ayeuagboy of the ace of spade* variety, to the possessor of a parlor rifle, which he uses very effectu ally to destroying the coating robin crop. Booker, however, mistook his big toe far a tubta, and put a r shall tiled ball through mi BnnravuHBB. The Gibling fire extinguisher will giro in exhibition on Friday, near Hodgson’s •bop. All the insurance men and every one interested are invited to be present. A small sixed house will be built and dot en fire and extinguished. Notice will be given of the hour. BBuann am omogk. Mr. John Knox, ef Oglethorpe, Dep uty U. 8. Marshal, was to Atkeas yea- There is a cane of measles at Mr. An derson's boarding house. Col. Frank Baldwin, the South Caro lina shoe drummer. is in tho city. The tournamont of tho fire companies promises to be the biggost ever held in Georgia. " •• v’.'t: • Coleman leaves to-day for Eibarton. He is looking after his washing machine. The stseet railroad at tho crossing of Hancock arenuo and Hull street should be fixed so that Wagons can pull over it A little work with dirt properly, thrown ini Will do a great deal of good. The Athen! Chronicle was busy yes terday moving. The paper will not be Issued this week. GoL Tom Fleming left yesterday for Savannah. J. W. Arnold formerly of Oglethorpe, to in the city, representing the Wrought Iron range. Mrs. Meeker, who has been so criti cally ill at Col. Thurmond’s, we an glad to announce, to much better, and hopes are entertained of her recovery. Walter Hodges, the itadent from Hartwell, whom it was thought had mea sles, has recovered. Hia illness was simply an attack of cold. Katie Putnam has always been an Athena favorite. She has lost none of her oto-time vivacity, end will no donbt meet with a warm reception upon her retain. •, j There were number* of strangers at the Mikado performance Monday night. Mr, Otis Childs, who has been on n visit to his brother, Mr. A. K. Childs, left yesterday morning for the Santee mines to spend n short season. Cranford’s newt depot fill* a long-felt want in Athena. Horace has things neatly fixed np. HU assistant, Mr. Daria, to making many friends fn Athens. Oar Jewish citisens are the most lib*i> si patrons of the opera house. There is never en entertainment there without they are largely represented. Then to s young lawyer in Athena who carries hu “attachment* mostly in hia . outside coat pocket instead of hia vest, The negroes in Augusta started to or ganise a Hibernian society, but for some reason the scheme failed. The whistlers have caught on to the “Yum Yum” air, and that’s ail we’ll hear for a month; but, oh, that month! We hope the little niggers won’t start it on their mouth organs. The new postmaster will be appointed early to February. There are three plicants now, we believe—Dr. Orr, W. B. Barnett and Henry Beuaae. We wiU loon know which it ii. The Maaone of Harmony Grove have invited Mt Vernon Lodge to meet with them on Friday night next j They will have an interesting time. Tha expressions of regret at Mr. Gantt’s protracted and serious illness are univer sal. Everybody will bu glad to as out again. Tne Athens foundry to crowded with work. Their facilities are good and they will not remain for behind their order*. Miss Leila Richardson, the besntifnl and accomplished daughter of Rev. 8. P. Richardson arrived in oar city tost Wed nesday, and we are glad to say will make thto her home. Work is progressing rapidly on the . M. C. A. rooms. AU young men should join the association. The street cun' are a great conveni ence when there to an attraction at the. opera house. They go and eomeerowd- IN BTRIOTY FIRHT CLASS HOODS 1 Just Received in Every Department, atthe Shoe Store Broad Street, Athens, Ga. No Such Stock of boots&shohB Ever seen in Athens Before, All the Latest Styles in Ladies’and Misses’ Shoes BALDWIN & FLEMING. ed. The Mikado Joke on Fowler seemed to cany the boose by storm. Some of the Japs most have found where Fowl er lived during their ehort stay. The Y. M. 0. A. want aU the boys to join them. -Titty will have an especial work for boy*. They wantto make good men out of them. The school girls should patronise the street railroad liberally. Sheriff Wier*s game leg to working finely. V Judge McCIeskey died testate, leaving estate worth about 130,000. -Eugene Brydia is in Augusta on .busi ness connected with the firemens' tour nament to be held hero to July. Wn. Hunt has resigned the office of treasurer of Belief fire company. Mr. Hugh Taylor is having his real dence repaired. Some splendid up-town property will change hands soon. Since the stock iaw has gone into ef fect it is unfashionable to have gates to the front yards to Athens. — » GRIFFITH & WIELL, INSURANCE AGENTS. Represent best Companies and insure desirable pro pfcrty in Athens and vicinity on most favorable terms Liar or Coeraxnts. Georgia Heme. Home of New Turk. Pbmuix of I Lifford Liverpool and' London and Globe Insurance C’oriipmy nl North America.... Assxrs. ...... 7*10,000 7,260,058 .... 4,240,760 14.500,000 9,087,235 North British aud Mercantile..,. 3,313,714 New York Ui dorwr’ter* 3,505,877 Germania of New York 2,533,783 Merchants of New Jersey 1,190,984 Atlanta Home (Pajre dividends to policy holder*.) 219,323,48 ■ LONG TERM POLICIES ISSUED ON NOTEf PLAN. OFFICE AT BANK OF THE UNIVERSITY. jaolSdly. EASTERN SEED POTATOES. SEED OATS, Genuine Rust Proof. O'FARRELL & HODGSON. ", .'**’*■*• . \ , * [/. . • ;* JmXMBBI ; BU1STS WARRENTED GARDENSEED AT WHOLESALE AND RETAIL, In Papers and in Bulk. GOLDEN DENT CORN & M1LL0 MAIZE. WfthftYa sold out oor first shipment of Send. and are telling on our second supply, dill guar* an teed fresh. Bulata Garden Calender* and Manuals free to all. jivold a paor stand and a secoad planting by buying year seed from JOHN CRAWFORD & CO. Wholesale & Retail, Druggists & Seedsmen, Clayton St. out orr na urn. A negro working at th* cotton seed oil miii bad hi* hand caught in the machin ery and several of his fingers had to be aaipatatod. Dr*. Lyndon and Hogan the fingers. J. N. SMITH & CO., GBAIN DEALERS AND MILLERS GRAIN, FEED AND MEAL, JsalMly. STEAM AND WATER GROUND, JEWELRY STORK. Before Buying Presents For the Holidays, Call and Examine a Beau tiful New Lot of Goods. 1 L-.-irsin IUIH—W■ E- W- BURKE, Bookseller ani Keeps full stock of B1 dren’s Books, Office Sn;