The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1858-10-23
LETTER FROM THr rpIToR.

DrcArUE. October I6, ISIS.
srn still in this place, stopping q, the Hotel 4
Of our friend AspArw McAIPrs. who keeps n
one Of the best houses ia section Of the State.
The Circuit Court adjourned this morning n
having disposed Of al the bas.ress before it,
The case n The State Is Frank a slave, prop 4
oTty Of BUNeEss GARsER, Esq. who wa, indict 8
ed Tor rape. upon Polly an Indilu woman came
up for hearing upon motion u qlash the indict- ,
msni The State was represented BY Mr. Ia
CoorER, District Attorney assisted by Mrssrs !
McCusE & HUDDLrstoN the defence bv
Messrs. BCoSSER 4 MoNEor. The counsel Tor
the ccfsros iusi-tJd lbai The Ind c,meut rrul5
not be sustained. because there Is no law 10 this
State which makes the offence Of rape committed
| by slave upon an Indian womsu. indicthlc-
that the Ctcuit C0uu his 90 i1risdcton 90
such Gaze, bat t1t tho slave. 1t luci at all
must b. tired before d,Tsrcu, tribunal and 10
another mode. The motion VS. argued a.
length by Mr.. BrcXsIE. whJ displayed BIZ tai
eats AMI ingenuity to good Ell Ct 10 bringing
tho strong points Of the case before The court
he was replied to by Mr.. Coorss, in an elab-
crate argument Julge wars sustained Ihe
motion. and the indictment was qlashed. A.
the magistrates Of tho Centre Beat of Newt1R
have declared their inability 20 deal with the
case, this decision Of Iadgo Waits has bal the
effect 70 torn the negro loose, ''unwhip, of jus
tee" Ifths Judge IS right. d,selosss a sirgu-
lar Inconsistency in the Laws under which We
lve-uo,hius less than thar OF allowing slave /
TO commit with IMMUNITY crime i5r which /
white min would be subject to tie ptni'cntary /
Cor life.
Section XI, artic'. IS Of the Revised Code. 1
enumeraios c. rlain offence. which sha . be deem
Cd capital. il committed by a slave. AGer nam |
Sfiag others Il goes on to say, cor shall commit
raps or ailsaN ga, .rmit rape. on any white
~ Woman, 81 u lltullspr, ~ !
- any white female "a under the age Of four
y teon years" Sc. be shall b. Indicted IN he CIR
cut Court. ani on couy 'ion. -hl'l suffer death.
, This Is the only section in the Code which ~.
20 (ers specifically to the Grim, OF rape iu c.au.c
ton with slaves ard {; t. tue that 30 th.s nothing
- sad about ndan women or negro women
But il presents nice question Cor vcrll. cru
- cism Vhethcr ID, phase cor shall commit rape
W was not Intended to include ths Offence in gen
'' eral. committed upon any female Il vh7,s1e.sl
OF race or colo Il ceHa nly cru'd u5i have been
the intention Of the codiiers. nor &C sae l. gi.'
lature. TO ont a Statutory penalty against slaves
1, Cor rape, in casrs except where the outrage Z
Committed upon women OF the white race, leaviu.
all other coiors without protection against ther
brutality. Bot allowing, even, that the sia'ut'
does not admit Of the above construction, th,
crime. il seems TO u, was still iuIiciahs ant
m. punish able with death, under the common Law
in aud the Revised Code. page $50. article 80
il provides for jus, suoh cases, whore IL say.
every offence no, provided nr in this Code, o
BY lhs laws Of this Sta'e, shall Dc iudc,lbl
d as heretofore at the eommIn law"
irk. Bot we leave the argumen, f5r the lawyers =
- A. the state cannot take criminal case 20 Ia
High Court. that tribunal cannot have an oppoI
9ii taniy Of passing uPoni'.
Another case on the State docket. which IS,
q, heard and determined also, excited oonsidersb
y. interest ia the eommuniy-that Of The State y
=. Michael sullivan. charged with "m,'icJous M
- chief" ltsppssrs from the facts deyc ped d
- the trial that one Henry l.. Smith, aud q
Il, Aforesaid Michael lived near neish5'r- and .
many other good people, had their ID 10 c,ficl
49, ltes-or in other woId., sal to come to o.
psiut Smith i.d not Lie sullivan ami Saliva
lid not Ike Smith. Il furtAer appears that 80
-. Ivan had small p ace of corn, which was ,
closed by a very bad fence, AMI that SmIh "
the oNner ola "bIueh ol hogs. varIous'y e-.im
ted At from thee to five. These animals nc;
aled by the 90 iush instinct OF helping ihcr
L.. a. gstf r.rH
49, the rights Of property, made frequent icris IN
; ueighJ1r Sullvan's cora patch. a. hs', up
-. one beautiful Sabbath morning when al nliu
looked lovely All serene. aud flr .hl
krow, the owner Of the con-plich and bis ar
I, Ii nate spou.c were reading lhau bic with
u, Gus thoughts intent" they we're suddenly d
!, turbei By the announcement, rs mlh's hogs
a. 10 the cora" THIS was lise the lL.i feather q
broke the clme,'s bIck-ghs GROWING sggri'
ton that oyorsst al Mrs. Sul.Ufn's ph,o-oP
;ts,s and PIT on end u her lorbeanacs. $40 -ali
re-. forih. auima,cd By thi spin, which may be 81
md. pusei 10 have possessed Iho Ansz7rs OF {
, An. Fur.es Of whom We real, aud hsying lhe D.
ci,-T S6ss .. ! i77e-7T TgVo .ils.A-s husband, q
and unfortunate q1n5Iuped SION bad occasion 60
bp, pent Of TIE resolution that led his steps 10 SUI
lime vans corn.ps,eh lha; Sunday morning. In {,
eslv minutes $50 the account goss) hi' hind fs
:, m we're in Mrs. Su.lyans hands, his ear in To-
son. ssr's mouth, and IN IL disagreeabie attitude
was ptogro.sng backwards from the corn-rat
to the house. by the tins they reached 3
Ieral yard. Michael, himself had become very u'u
True excited aud ssiIiug a club, beat the poor
ngst until he was dead-yery dead after Which
hich Madame threw the carcass into the road I
ton this ofIeaco Michael was indicted and placed
cor the bar Of his adopted country fpr trial.
W. pleaded not guilty. Mr.. Cooper really mad
st in fine thing Of the prosecution-in fact he dist
Rs guishsd himself-made a long and a INST CAPT
speech. smbeIlished with quotations from
80. scriptures. the poets &C., Sc. The lrishm
otr- va. poo--or suspicious character. and had
aud money 81 friends. Il IL not surprising, the
nav nav fore that in the cad he was himself hogs
.titn. good" Tho Jury found hIn guilty aud
IN. Court fned him S'UO, aud sentenced hIu 10
prisonmeul IN the county ul for one month
mas JANIS WATTS, Esq, defended him. at hIy
''ho' 90 bad a case and Suffering from 10 health
post had poor chance to display bis usual enei
'ne and abilty.
-. Court passed oT pleasantly. barring o.
excitement at its close. have the taIisfao,
~. Of stating that have added largely 70 the 81
-, .criplion list Of the Clarion. and have sucee
80. ed in collecting from our liberal aud appre,
-. tive readers in Newton much could be
= = pseied Of "the root Of I'll evil"
: 80 = SIR