The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-10-17

and all the consequences.
Now, | have no doubt that the pris.
oncrs at the bar, acted with perfect con.
scicntiousness in this matter. Ei'do not
think they pursued ,ha. .nngro with tho
hope Of reward. They were simply i'll
formed, that horrible murder had been
pcrpcrtra'ed and whole family thrown
into distress and under the generous
impulse Of youth, they went forward to
arrest Tic murderer. 1t is for you to
say, whether they exercised in that ar
resi-, degree Of violence which was not
warranted by the law. 1t is for you TO
say, by your verdict, whether these
young men, in attempting to make this
arrest, were authorized tojmlge, whelh.
er they should take life, in order to stop
the man who was running.
| do not Gnd fault with the learned
counsel, who, so forcibly and cloqncn,ly
has urged that jury have the git to
iudgo Of The law and the fact. think
it likely hat tho old barons Of EnSland,
intended in their Magma Charta, that
The jury the peers of d man should
possess the right to Judge of the law
and the evidence; and that when they
wre ted that charter from the tyran
nous King, they invested the jury with
this privilege. But, this is not the
question. The. question is, what is the
law now2 1t has been decided agcin
andngan hv our Courts, tha, juries arc
not the Judges of the law. Juries are
indges Of the fact, and hey must take
The law as it is cxpound"d by the Judge.
That is The rule in South Carolina, which
has prevailed Tor many years.
. Now gentlemen Of the jury, this case
is in very narrow compass. Was
there any necessity for this young man
to kill that negro? If. there was q ne
cessity, did they. have. any authority
simply as volunteers to shoot him down
in the road? I Think it my duty to say
that this case cannot possibly be mur.
der; and hence, The point you are to de.
eide is, whether these citizens commit
ted All excusablc homicide. If yon
choose to render suci, II verdict ycn
have the righ, to do 50. But, il you do
not come TO that conclusion under the
law wh,ch has been cspounded by the
Court, you will bring i'll verdict &C
cordinglv. | sayto you, however. in
conclusion, that YOU lgaysl F,e!h!.l !, er1Nnnlkr
dSt, 81 not guilty, fs6cli' Should lbe,gour
decision, mud With. these remarks ,6yavc
the case IN yonr hands. "S\
1'hr jury then retired. and as was sta.
ted in n former issue, after cnisnlta.
lion orthrec lonrl,s Of al hour, rendered
ver,lic, Of mot guilty"
Afcssrs. Starting and Pope, then re.
tired amid The congratulations Of their
frinnls ami OF the large audience who
filed the court room. - Carolinidn.
A Paris letter Of Scr tcmber 18th
says: . ,Isf!H-,
I'm consequence. @of some important
news received from Mexico on the 10Th
The Emperor Of France, who had already
General De. Cas'lcman, his
aid de camp to Maximillian sent him an
order by telegraph to come back to ST.
Cloud, whore his instructions were to
be revised and modified. Marshall Ru.
ordon, The minister Of war; was present
at this interview, which 1 am assured
was of The most important character.
According to tic version ggncrally ac.
cepted, based, / understand, mo, merely
upon the critical condition of affairs in
Mexico, int also upon the tirmncss Of
the attitude recently assumed j, by the
cabinet Of Washington, the intention Of
tho French Government is to. bring
about speedy settlement Of the Mexi.
can question, so as to get rld as soon rs
possible Of The perpetual subject. Of solic-
tnile and annoyance. To this effect the
fleet of transports collected at Erest and
Cherbourgh is to be laagcly increased
so ms to be capnble ofcarrying the whole
of France contingent, aud 10 evacuatc
Mexico all at once. All that will re.
main Of the French army will then be
o small garrison in each ofthe harbors
where the custom house duties, conced-
ed to France by Maximiliian, viii be
collected,
"Suc! are, !, AM assured, the meas
nres just bhu0ptcd IN ;caOlnetil council In.
reference.to Mexico. 1 must say how.
ever, that the Paris Partrie 4is2nottdnitc
Of that opinion. and asserts on3the con.
trarys that General Castlcman's mission
has net forits object tho putting down
immediately an endsto tho Intervention
of France in Mexico"
= 49, ---Se = -
CoTToN TAx.-The New York
Chamher>of Commerce, on Thursday
appointed "a committee to prepare
memorial to Congress; calling upon
that body to repeal tho absurd and rus
nous tax upon cotton. Now that tho,
new crop is coming in,fit is found that
the enforcement of the tax is surround
edswith difficulties. It gives the as
SCISSOR q world ofatroublc, sembarrasses
the planters, gcurtails trade, puts tho
growth Of cotton under the ban of the
law, and offers premium to foreign
cotton-growers, The tax, at the start
was foolish and spiteful, aud was
merely ,intonded to injure the South.
We have the finest cotton patch in tho
world and If WA oro 1utoo VI, \. no :, 80