Smyrna times., 1859-06-02
WHOLE NO., 427.

is conscious of his speedy and certain dssolu-
ton, when the last ray OF hope is gone In this
case the court would allow any declaration of
the prisoner that was made after the visit of
the physician on the morning of Wednesday,
: provided the dying man was iu q state of con-
sclOusnPss.
Tle State here closed, and the defence was
opened by Mr.. Rodney, who, in quite a lengthy
discourse, reviewed the facts in the and
( the evidence the defence expected TO offer.
Enoch J. Fleming aflirmed.-llave known
the fence in question to have been standing in
the same place for 20 years my father former
ly owned the farm, and it came from him to Mr.
Buct tanans wife; do not think the fence has
been moved foot either way since knew it.
remember going there when quite young
with my father and asking him why he did not
take in that piece of land outside! lie said
the fence had been there for long time. and
as that piece of land outside was of little value,
he had never thought it worth while to alter
The fence TO take it in My father died on the
goth of December, 1857, and then my sister
came in possession of the farm.
John Eaton, sworn.-l lived on an adjoining
farm to Mr.. Buchanan's. The first fence 1
recollect worm fence great many years
ago; about ID years ago the late Mr.. Fleming
put Up post and rail fence on the line of the
old ore, which is in the sume line with the pre-
sent one.
Elias Lockerman.-I don't recollect having
any conversation with David S. Casperson on
any subject except about his moving the rails
away. | saw him at his mill towards the end
of March last, think the 2Sth; | asked him if
he had moved the rails, and he said, certainly,
be had moved them away. In the afternoon of
the same day ] saw Buchanan, and told him
that Casperson had taken the rails away. |
then again saw Casperson, and he asked me
| xabat Rucharan eaid | told him ha said ha
would put up a board fence; Casperson swore
that either Buchanan or him would have TO die
before fence could be put there to stay. |
hooted at him ; he swore that he would either
kill Buchanan or Buchanan should kill him be.
fore the fence should be Pat up there TO stay.
David Cullen, sworn.-Sometime towards
the last OF January was at Mr. Casperson's
mill. and after we spoke he asked me where
8 Mr.. Buchanan was; | told him II ought he
was over on his farm; he asked me what he
was doing and If did not think he ran great
, risk of his life fooing bout that piece of land
! said, 4" thought his business required him TO
be on his farm" He said +" if he did not AXE
care he would kill him about that piece of land
yet" He hak often spoken to me about it be-
, fore. In the evening after | went home | was
, telling Mr.. Buchanan that had seen Mr. Cas-
person and he told me to tell you that you were
"runn ng "a great risk of your life to be about
= made very light of il; he did not seem to think
: it worth mluding. | do not know that any of
the fence had been removed at that time, but
r the bank was dug away and some ct the fence
!. had fallen down.
4 Samuel Townsend, Thomas Scott, Thomas
Deakyne John A. Hurock, Henry Pratt, James
Nolen, Philemon Dill, Jas. r. Clements, Geo.
- w. Cummns and George Davis, each testified
:, to the good character of the prisoner-knowng
roahi ntfi A
number of other gentlemen were in attendance,
j to give similar evidence, but the counsel for
:. defence deemed it unnecessary TO call them.
a Mr. Bayard next offered in evidence the fact
4 of suit having been brought previous to this
= occurrence by Mr.. Lockerman against MIR.
- Casperson for trespass IN taking away this
70 fence and it is acknowledged that the suit was
70 brought at the request Of Mr.. Buchanan
The testimony in the case was here closed
about o'clock.
=, The Defendants counsel then proposed 10
70 submit the case to the jury without argument,
- but the pro Ccution objected, and further pro-
ceedings deferred till Wednesday morning, 10
ut o'clock--to which time the court adjourned.
as Wednesday morning, after meeting of the
as court, w. c. Spruancc, Esq, for State, made
10 the opening speech to the jury and was fellow
I ed by counsel for defencC-Jas. A. Bayard, N.
id B. Smilhers and Geo. B Rodney. Esqs the
on closing argument being made by w. II. Rogers,
II, Esq, for State. The whole day was thus oc-
- cuped by counsel, up to o'clock, p. m. The
Chief Justice then delivered an able charge 10
he the jury, occupying 56 minutes. Al 10 o'clock
Ir the Jury retired, and remained out till IL
. O'Clock, when they returned with a verdict o.
lat manslaughter," against the prisoner.
er- EFFECTS OF EDUCATIoN.--In some curious
y facts of Natural History We find the effect o
aS education on dogs and cats:
VI. The barking of dogs is an acquired, heredi
10. tary instinct, supposed to have origi in
be attempt TO initiate the human voice. Wil'
H. dors. and domestic breeds which became wild
so never bark, but howl. Cats, which so distur
Ter civilized communities by their midnight scatter
waul," in the wild state in South America ar
old quite silent.
but And there is bit OF information too' as
en- education cows:
" 1t is not natural for a COW, any more tha
cry for any other female animals, TO glvemilk whe
yer she has no Young to noursh. The permaneI
the produc,ion Of milk is u modified animal fun
he lion. produced by artificial habit for sever
rant generations. In Columbia, the practice
r to milking cows having been laid aside, the nat
am r.l state of the function has been restored
aver The secretion Of milk continues only duriI
Oba- ,be sucking of the calf and is only an occ
sonal phenomenon. If the calf dies, the mi
most ceases to flow, and it is only by keeping h
ured with his dam by day, that opportunity OF
* on tanning milk from cows by night can be foul
the s.
%en' SLAVE PRorIrs.-The Macon (Ga.) 81
wv il Press says:
e af- We have been informed oy ". u oPai
leurd ESQ, OF the hrm OF fardeman ~ SPARKS
me he has sold the crop OF cotton belonging 10
,nt il Cobb to James Rea, for So, ,969 81. This ID
clear money to them. The same negroes
,u;. sugar cane, syrup. chickens and eggs. vi
'yne amount TO at least one half as much more.'