Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1882-02-09

NAN
missed the prisoner from further custody.
Mr.. Fishburne, with the declaration that he
would seek redress from the courts, left the
magistrates Office in company Of Gen. Kenne-
dy and COL Haskell and repaired to the State
House, where he remained in one OF the COM
mittee rooms in consultation with some of his
friends until the Senate went into executive
session when he took his seat. -
Subsequently he went before Trial Justice
Marshall and told him that he was not salts
fled with the disposition he had made of the
case, and that he desired to be rearrested and
committed to Jail in order that he might have
the privilege of testing the right of Col. Nc
Grady to withdraw the affidavit upon which he
(Fishburne) had been arrested. He also stated
that he intended to do bodily harm to Messrs.
Smythe, McCrady and Izlar unless he was put
under duress. Mr.. Marshall told Senator
Fishburne that, if such was Intention, it
would be his duty as peace officer to require
him to give bond to keep the peace or COM
NIT him to jail in default thereof.
Senator Fishburne accompanied Mr. Mar
shall to the sheriff's Office, and in the presence
of Mr.. E. r. Arthur, clerk of the court, Mr..
Samuel w. Rowan, sheriff of the county, and
Mr.. L. T. Levin, Jr., deputy sheriff, reiterated
the statements made to Mr.. Marshall, and said
again that if he was not arrested and put in
Jail he would do bodily harm to the gentlemen
already named ;whereupon Mr.. l.. T. Levin,
at the request of Mr.. Fishburne, made affidavit
to the above stated facts, and thereupon
warrant was issued. An examination was
held and Mr.. Fishburne required to give bond
to keep the peace in the sum of 81, 600 or goto
Jail. Mr.. Fishburne declined to give the bond,
''in order," as he stated, ''to test the legality
of the question" whether Col. McCrady had
the right to withdraw the affidavit upon which
he had been arrested without an investigation
of the charges contained in it.
Mr.. Fishburne was then turned over to the
sheriff and given until O'Clock to secure his
bondsmen. Not having made his bond at that
hour he was committed to Jail.
Mr.. Fishburne remained in confinement ur-
til about 5 O'Clock Wednesday afternoon, when
he was released upon entering into bond be-
fore Trial Justice Marshall in the sum Of
80, 900 to ''well and truly keep the peace of
the State and be of good behavior towards all
the citizens thereof, and especially towards A.
T. Smythe."
The foregoing, which would seem sufficient
to satisfy the ambition of the most belligerent
legislator, was supplemented on Friday, by the
same Senator, whose conduct on the second
occasion is described as ''the most disgraceful
scene ever witnessed in the Senate chamber OF
South Carolina" ,.-
During the discussion in the Senate, on the
above-named day, of bill to exempt certain
counties from the operations of the general
stock law, Senator Fishburne, who had advO-
Gated the bill with great zeal, became very ex-
cited when a motion was made to lay the
whole matter on the table. He rose on sever
al questions Of privilege and made repeated
points of order, which the presiding officer,
General Kennedy, politely but firmly over
ruled. Mr.. Fishburne, not satisfied with the
rulings of the chair impugned the fairness and
legality of his decisions, and essayed to sub
stantiate his position by an earnest speech, in
which he employed some very strong words
derogatory of the President. General Ken.
nedy for some time permitted this violation OF
the rules, to show the Senator that he would
not deal unfairly or arbitrarily toward him.
He, however, gently, rebuked him and asked
him to desist Mr.. Fishburne, however, dis
regarded his admonitions and continued to
speak. He was repeatedly called to order, and
was finally commanded to take his seat;
Shortly afterward the Senate took recess,
and the members were leaving the chamber,
when their egress was arrested by an angry
alteration between General Kennedy and Mr..
Fishburne, near the latter's desk. General
Kennedy, upon coming down from the stand,
was confronted by Mr.. Fishburne, who charged
him with unfairness in his decisions. Gener-
at Kennedy denied the accusation, declaring
that invariably he treated all Senators alike,
and 50 far as Senator Fishburne was concern
ed. had shown him excessiv eindulgence. Mr..
Fishburne, very angrily, "You are damned
liar" Almost simultaneously with the utter
ance of these words General Kennedy struck
him with his fist in the face. The two then
clinched in physical combat, and there was a
scene of the widest confusion. The Sergeant
alarms hastened to the spot, followed by a
dozen or more Senator's. The reading clerk,
Colonel A. D. Goodwin, threw himself between
the combatants and said, 81 am not the Presi-
dent of the Senate strike me-" The belliger-
ents had by this time been separated. Gener-
al Kennedy, in company with Senator Jeter
and Colonel Goodwin, quietly withdrew from
the Senate Chamber. A few moments later
Mr.. Fishburne seized his heavy walking cane
when he prepared to renew the assault. AS
before, however, he was frustrated by the op-
perfume interposition of Messrs. Jeter, Good
wyn and others. Mr.. Fishburne, not being
able to reacn his adversary, heaped upon him
the most abusive epithets. The noise attract
ed crowds in Main street, and excitement ran
high.
General Kennedy, with the gentlemen named,
proceeded up main Main street followed by Mr..
Fishburne and several Senators who endeavor-
ed to dissuade him from his hostile course.
When just in front of Stork's restaurant, Mr..
Fishburne again accosted General Kennedy and
asked, care you armed 20 II am not" was
the response. Mr.. Fishburne aimed furious
blow at him, which was warded off by Colonel
Goodwin, who again threw himself in the
breach. A scuffle ensued and during the melee
Mr.. Fishburne was dashed to the ground. He
rose to renew the fight, but was held back by
several Senators who were determined the
affair should proceed no further. Thereupon
General Kennedy was prevailed upon to 60 to
his hotel, and Mr.. Fishburne was taken away
by the Sergeant-at-Arms of the Senate. No
further hostilities occurred, although Mr.. Fish
burne later in the afternoon repaired to the
Columbia Hotel and it was feared there would
be another collision.
Colonel John C. Haskell fearing that blood
shed might follow if decisive measures were
not taken to prevent another hostile meeting,
repaired to Trial Justice Marshall's office and
made an affidavit that breach of the peace
had been committed by Mr.. Fishburne. A
warrant for his arrest was Immediately issued
and shortly thereafter was served upon Mr..
Fishburne, who submitted to arrest very will
lingly.
A number of witnesses were sworn and ex-
amined, in the hearing before Trial Justice
Marshall, after which Mr.. Fishburne address
ed the court in his own behalf. After he had
concluded, his bondsmen having withdrawn
from further responsibility as security for the
good behaviour of the defendant, the trial
Justice then announced his decision to be that
the defendant had forfeited his bond OF $1,000
and it would be the Courts duty and only
course to commit him to Jail, as having broken
one bond, it would not be safe to trust him on
another. however large. The Court further