The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1882-02-08

keen the peace, and that he does not ask
the peace of him for any malice, veNatlon
or revenge but for the cause aforesaid.
JAS. Il. IZLAR.
Sworn to before me this 3lst day of jan
uary, lSS2. 3.Q' MARSHAL,
Proceeding to the State-tIouse Sheriff
Rowan sent into the Senate Chamber for
Mr.. Slnvthe, and upon his appearance
served the warrant in due form. Accom-
panied by Mr.. Smtyhc he made his. ro-
turn to the magistrate who read the war
rant to Mr.. Smythc, telling him tllat ne
would be released on 4 honu OF so,ouD 10
keep the peace. Mr.. Smythc then lclt
the office in charge Of constable TO secure
his bondsmen, and pending further pro,
cecdinps in the case Col. McCrady and
Gen. IZlar appeared before the trial Justice
and formally withdrew their atlidavits,
saving that they had only been actuatcd
by a desire to keep The peace, and that as
thoy had been informed the difficulty
could be amicably adjusted without 1nr
ther intervention of the law they did not
feel warranted in pressing the matter.
Senator Fisllburnc objected to tins mrdc
of procedure, and asked the trial justice
to give Il ruling upon the question: IL al
ter having been charged with All attempt
TO commit Il crime the charge could be
Withdrawn withon5 4 full investigation OF
the offence charged in the affidavit. nc
said that he had been dragged from his
bed and raraded through the streets OF
the city in charge OF the sheriff OIL the
county like Il common fclon, and he want,
ed to know if, alter having been subjected
to such indignity, the charges against MN
could be lightly dismissed upon the mere
request Of tho party making the atlidavil
upon which the warrant for his arrest iilo
been based.
The trial Justice ruled that as the
charges had lIeen withdrawn, there was
no case before him upon which to act, ana
he therefore dismissed the prisoners from
further custody.
About o'clock this afternoon Senator
rFishburne went to Wrights Hotel and
sent his card u, to Trial Justice Marshall.
When Mr. Marshall came down Mr.. tlSh,
rurne told him that ho was not satlSfleu
with the disposition of the case made hy
him in the morning, and that he desired
to be arrested and committed to jail IN or
der that he might have the privilege o.
testing the right of Col. McCrady TO WIN
draw the affidavit upon which he (tlsh,
burne) had been arrested. Lease s'alco
that he intended to do bodily harm &c
McsSrs. Smythe, McCrady and liar UNI
| less he was put under dlreSs. MT. Mar
shall told Senator Fishbnrne that, II sucf
was his intention, it would be his duty rs
a pcace officer to require him to give
bond to keep the peace or commit MIN &c
jail in default thereof.
Senator Fishburne accompanied Mr.
Marshall to the sheritfs office, and IN INC
presence of Mr.. Il. X. Arthur, clerk O;
The Court, Mr.. Samuel W. Rowan, sherif
of the county, and Mr.. l.. I. Levin, Dr.,
dcputy sheriff, reiterated the statements
made to Mr.. Marshall, and SAID again tina
if he was not arrested and put in jail nc
would do bodily harm to the gent!emcr
already named !; Nllereupon Mr.. Il. l.
Levin. at the request of Mr.. Fishburne
made affidavit to the above stated facts
and thcreupOn q warrant was issued. Al
examination was held and Mr.. Fishburnt
required to give bond to keep INC peace
ia the SUN of $1,000 or 60 to JAIL. Mr.
f'ishburnc declined to give the bond, IN
order" az he stated, "to test the legality
of tho question: whether Col. McCrady
had the right to withdraw the attldaVi
upon which he had been arrested wltloul
an investigation of the charges contalnoC
in it.
Mr.. Fishburne was then turned over t.
! the SllCIlH anu SlfCb i NV
cure his b~undsInen. Not having mad
his bond at that hour he was committed
to Jail. ..
The following is a copy OF the letter
handed to Mr.. Fishburne by Col. Faro"
in the Senate:
A PROPOSITION FOR AN ADJUSTMENT
COLUMBIA, S. G.. Jsnuary 80, 1882
Hon. ROBT. FIsHBURNE, Dear Sir
Regrctting the unfortunate misunder-
standing that has arisen between Senator
Smvthe and yourself and feeling conf
dent that there is no good reason why
should not be satisfactorily and honora
bly, adjusted by a reference of the whole
matter to disinterested parties, as a mu
tual friend of both I write to each of yot
requesting each Of you to name some
friend with whom l may confer with
view to a settlement Of the matter. Very
respectfully, yours, &c.
II. SToBo FARROw.
A similar letter was handed to Mr.
Srnythc by Gen. Izlar at tho request o
Col. Farrow.
COLUMBIA, FEBRUARY 1.-Mr. Fishburnt
remained in confinement until about
o'clock this afternoon when he was re
leased upon entering into bond before
Trial Justice Marshall in the sum OF s..
600 to "well and truly keep the peace .
the State and be Of good hehavtor to-
wards all the citizens thereof, and espe
cially towards a. II. Smythe." The sure
ties upon the bond are DR.. Ii. T.. BisSell
of Colleton, and Major John Jenkins
DR.. Bissell justified in the amount name,
| -, f1,n En,l