The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1868-11-04

| YOU to have some regaru w Cno
maxim, "audi alterana paTten.
You say that peaceful-and unot-
Tending citizens are murdered in
cold blood, and the murderers not
only permitted, but aided to es-
cape from justice, .'.-.-~
There may have been instances
of the kind you: mention: in this
District, but they hayesbeen rare.
The punishment inflicted upon Of
tenders against the law has been,
no doubt in some cases summary
and disproportionate: to the Of
fence, but in a. majority, Of cases,
| there has been prevoeation.
I do not propose in this commu-
| nication to enter into a defence of
the people of :Newberry, against
all the acts of violence. that have
| been committed here;;my princi-
pal object being merely to call
! your Excellency's attention to the
maxim audi atterane partem.* Take
the most recent case Of violence in
this District-the murder of Lee
Nance. What were the circum-
stances? A difficulty u. took place
on Saturday, the 18th instant, be-
tween a freedman named Dogan
and one Murtishaw, in which the
former seized the bridle-reins of
the horse of the LATTER and drew
his pistoton him. The bystand-
,erss interfered and stopped the diff
fcufty. That night about 10
O'Clock, while Murtishaw was ri
ding homeward through town, in
company with two other citizens
quietly, so tar as theeommunlty
is 7informed-the paHys was: fred
upon BY a. yoHey of twelve or: if
teen guns, proceeding from behind
a close plank fence, and severely
wounding Dan. Ward. The party
firing, immediately fed and con-
cealed themselves. Thenext morn
Eiinn- -Dnnan VAS arrested- upnn + hn
affidavit. of, ae-littler@negro, who
made aaicavit that Dogan used
language duplicating g-vhimself in
|rthe affair. When he was taken
.to, ,jail, =, a. movement. was made by
a crowd of negroes clearly indi-
eating that they intended his
rescue, but which was prevented
by the timely interference of citi-
zens: It came out during the day
that armed negroes were seen
coming out of the house Of Lee
Nance, the head of, she Loyal
League at this place, a short time
before the:party were fired upon,
and an affidavit was made to that
effect. This party was afterwards
seen, and>it transriredeing the
night that Lee Nance was one of
the gang of conspirators. Andhe,
too, no doubt, would have been
arrested next day, but early in the
morning he was shot and died
that night. This is a short his.
tory of this deed of violence, not
justifedsin the eyes of the law.
but attended by the palliating cir
cumstances which I have stated.
He, no doubt, organized and head
ed the party who fired upon the
three white men who were leav'
ing town. :. :.
" The writer of this article would
be far from justifying citizens II
taking the law in their own hands
except in selfdefence. He has
ever advised against anything O.
the kind. (, But before whole
community is to be. put, under the
ban, he would beg those in author
Eity to heed the maxim, audi aalte
ram partem. -. .-...
This article has gone beyond
the length I proposed''in the out
set, but 1 have been led to extend
! it, because I feel satisfied that the
> authorities ofthe State are giving
ear to unprincipled men Of botE
J colors. There is in the town o.
Newberry, as at other places, un
? principled colored men, who have
sprung to the head of these Loya
Leagues, and who are poisoning
the minds of the negroes and, ar
raging them against the whites
Tho1y bavo their centres at Ou]