The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-10-27

SINGULAR CASE. A case of rather singular
Kind has occurred in South Carolina, growing
out otthe power vested in its Chief Magistrate
70 commute the punishment OF capital offences.
man named Jeremiah Smith, for a crime
committed, was sentenced 10 death in 1921, but
was pardoned by the Governor on condition of
MS suffering an imprisonment three months,
and then leaving the State, never to return TO
It. Alter undergoing the imprisonment, Smith
ieH South Carolina and settled in North Caro-
Ina, near the line of the two States. He was
blacksmith, and in 1896, the people of a neigh
borhood in South Carolina adjacent 10 that in
which Smith lived in North Carolina wanting
one OF his trade, induced this man, by their per-
suaslons, TO move into their settlement, assur.
ing him he would not be in any danger, and his
good conduct since his conditional pal don would
make his residence among. them safe. II APP
pears that he lived unmolested in South Caro-.
lima in 1926'ahd 1927, until one Of his neigh
bers, with whom he had fight, informed Gov
ernoT Miller Of Smith being in the State when
the Governor issued his proclamation offering
a'reward for his apprehension. Smith in the
mean white had returned to North Carolina,
where he was pursued by the person with whom
he had fight aud two or three others, seized
and brought, without any legal authority, into
South Carolina, and on the affidavit of one of
the captors, committed to prison.
AA0NlAS uScH UeIOI6 chancellor mar
per, on writ of Habeus Corpus, it was urged
against his discharge, that although his arrest
IN North Carolina was without authority, yet
| his detention in South Carolina was lawful
that not having complied with the conditions
oil his pardon, Smith was a convicted felon, un-
pardoned and UNPUBLISHED, and ought not to be
! again let loose upon the community, no matter
how irregularly he had been brought within the
I jurisdiction of South Carolina.
| Among other arguments used by the counsel
OF the prisoner it was csntended that having
become citizen ofNorth Carolina he had, as
such, rights under the Constitution of the Unit.
ed States, of which no inferior tribunal could
deprive him-that clause of the Constitution
declares, that /" the citizens of each State, shall
be entitled to all the -immunities Of citizens in
the several States" That as a citizen ofNorth
Carolina: he had right to come into South
Carolina, and that in this character he came
pure into the sister State-he had not become
citizen of North Carolina upon conditions as
the Constitution makes nome II was contend.
ed that the pardon could not affect constitution
al rights, and when they came in conflict the
conditions of the pardon must yield to the rights
which the prisoner had acquired as citizen of
North Carolina
The Chancellor decided against the release
OF the prisoner, and remanded him TO jail His
case, which has excited good deal of interest,
Is 10 be again argued on the motion to pass up
on him sentence of death.
Wolves. A late number of the Portsmouth
Journal contains communication from a trav-
eller through the Notch of the White Noun.
tans, from which the following paragraph is
extracted. The residence of Mr. Rosebrook is
in the almost uninhabited township, called
Breton Woods.
Mrs. Rosebrook wife of the we'll known
inn-kseper Of that name. is a woman of noble
person, and generally of dauntless mind, so that
other females round used to have her held up
to'them as pattern Of courage. Her bravery,
however, had a short time before been put to
severe test. Her husband had a quantity of
fresh beef, from animal recently slaug htered,
which he was to deliver to neighbor six miles
off. His spouse, true help meet, unwilling
to let him bear all the burdens alone, offered to
drive the wagon herself, which was accepted
She arrived and delivered her load about sun
set, and while she chalied it grew dark. She
was 10 return by lonely road through the for.
est but she meant no harm and feared none,
till having driven a mile or so, towards home
1n turning sharp angle in the road. FIVE or
six wolves rushed into the path in full cry
She swooned and tainted with fright" YOU
are going to say. Not she: they would have
made meal of her at once if she had. She
piled the lash stoutly, and had her horse npon
the top of his speed suddenly. The wolves,
(still more strongly attracted by the noarness
of the wagon, the smell Of the meat in which,
first drew drew them from their hiding places)
pushed on in pursuit. just abreast of the wagon
wheels at first, afterwards trotting and howl.
ing close behind, and later still, tagging after,
too greedy to give up the chase, and too weary
to hold their way with the horse, spurred on as
he was by the fears of his mistress, until she
had nearly reached home, when they retreaed
and She took refuge with her husband, owning
that she was, orthe first time, fairly
LEGAL DECISION In the Supreme Court of
the stste of North Carolina, sitting at Raleigh,
at the beginning of the present month, deci.
sion was rendered, which deserves notices from
the important principle involved in the adjudi-
cation.
Slaughter was indicted in Arson Superior
Court, for the murder of his father in law,
Taylor. He was arraigned and put upon his
trial-the PANEL were sworn and charged
the case was fully argued, and the Jury retired
to consider Of their verdict. At ten minutes
before IL o'clock on Saturday night, 1.-THE last
hour of the term of the Court the Judge sent
for the Jury, into the Court, who being interro-
gated, replied that therewas no prospect of
their agreeing. The Judge then remanded the
prisoner, to be again tried on the same indict-
mcnt. Slaughter applied to the Chief Justice
Of the state to be brought before him, BY writ
Of HabeGs Corpus, for the purpose Of inquiring
into the legality of his imprisonment, asserting
thathe bad been once tried for his life, and claim
ing TO be discharged nnder that provision of
the Constitution which declares, +" that no
person shall be subject for the the same;offence
to be twice put in jeopardy of life or limb"
The writ was granted, rcturnabe to the last
Court, and the question arising thereon, was
elaborntely argued by CASTOR, for the prisoner,
and by Saunders, Attorney General, for the
state. The Court decided, that where jury
is charged with the trial Of a prisoner for ar,
offence affecting his life, and the term Of the
Court expires before tho rendition Of their YER
dict, tho prisoner cannot be tried again on the
same indictment. Slaughter has, Of course,
been liberated from prison. -
SOUTH CARoLIEA. The Charleston Gazette
contains the result of the election for members