The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-07-03

runs ~. ane" tF,ai before Judge daw-
kins. which came mp yesterday. During
the consse Of the argument. Judge Coo
ley, in opposing motion for continu.
anee, remarked that If the case went
oyer until Wednesday, lie might not be
anie 60 argue II; aud so it sadly turn ed
put to-day. This difficulty is one of the
aal results OF the iniquitous Hawkins
sp't against the Picnvune, of which Col.
Rhets is editor. In his speech for the
prosecution, judge Cooley made refeo-
tions upon the paper, which called forth
An editorial in It's next issue, prononnc.
Ing them false. Judge Cooley then ad-
'drassed,a communication to the editor,
calling for explanations, which not being
accorded, he followed it up by publishing
a card assailiug Col Rhett. A challenge
promptly followed, and the result is now
before our readers.
This is not the first duel in which
Judge Cooley has been concerned. Some
years before the war, he met DR.. Kauf-
nun, one OF his parishoners, upon the
held of honor, anu after AL exchange of
shots, an amicable adjustment of diff
culties was made. and thereaiter the
parties became warm friends.
The following, from the Now Orleans
Times, gives full history of the origin
OF this last difficulty:
Yesterday morning, the Picay,u,e, in
on editorial, assniled me, on acoonnt of
my argument in the Hawkins Picavune
libel suit. Aly statements to the jury
were Qualified as being "maliuious and
'wilfaliy false" AS soon us I read tho
article, addressed letter to Colonel r.
b. Rhett, Jr., the editor, which was
handed 10 him by0 friend. After read
ing it, Colonel Rhett stated that he.
within twsnty-four hours, would answer;
and this time Was granted. To-day re-.
oeived his answer; and 1 now put before
the people OF New Orleans the two let.
ters:
NEW ORLEANS, June %. 1873.
R. q. Rhe1. jr., Editor Of the Pic1yune
Sra: In the Picdyune of this morning,
under the capticn OF "Hawkins rs. Plea.
yHae, you take the liberty of comment
ing upon the incidents Of the trial Of the
libet s9,it against the paper. So far as
Tou deal IN generalities, it is not my pur-
pose 70 ask you any explanation; but in
Hsterflng to me. under my own name,
you have been guilty of what I consider
direct Misrepresentation. You refer to
my concluding argument for the plain.
tift, and say that travelled ont OF the
record aud misrepresented facts, because
l knew no one was to follow me aud
show my mistakes, which you qualify as
not only Wilfully but maiioiously false
Now, sir, was defending Judge
Hawkins against charge Of "perfldy,"
perjury" and bribery" in connection
with his labors as member of the Re-
turning Board, and took occasion 10
tell the jury the 'Picayuae had made no
such charges against any other member
OF that Board. I now reiterate my lam
gusge. and make this proposition: If
you can find and show me, in any num-
Der OF the PicIyune. the words "per-
hdy." "perjury" and "bribery" applied
to any other member OF that Board. I
shall publicly acknowledge was wrong;
II you cannot. you will make the ao-
acknowledgement Of contradicting your re-
cord. Your obedient servant,
w. II. COOLEY.
New ORLEANS, June 26, 1878
": &. Cooley, Esq SIN: Your CON-
munication OF yesterday was received.
The editorial remarks in the Picayune
to which you refer were q reply to a
portion Of your speech therein quoted.
You asserted that neither during the
month OF December nor January had
the Picdyune noticed the canvass Of the
Lynch Returning Board and the result
proclaimed. and that had omitted no.
ticing all the other members OF the
Board but Judge Hawkins I contro-
verted these assertions. aud appealed to
the files of the Piclyune to disprove
what you said.
1t is not my province to find and to
show you what the dies of ihe paper
contain. What was published on the
subject OF the Lynch Returning Board
in these two months, it cannot be diff.
cult for you to ascertain; and any ac-
acknowledgement you may see ft to make
will meet with due consideration.
In the meantime. I am. sir, your obe-
dient servant, Il. D. RHErT, JR.
The public will perceive from the above
correspondence that mado FUR, ho-
nest and manly offer to Col. Rhctt, viz:
to publicly acknowledge I was wrong if
he could show from his own files that
from the 18th Of December, 1872, until
the 23d OF February, 1873, the Picayune
had used toward any member of the
Lynch Returning Board, except Judge
Hawkins, the terms "perfidy, perjury
and bribery" provided that he agreed
to admit that he had spoken incorrectly
Iar 49, Ia, -