The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1882-02-09

the course uSueliy ADOPTED by gentlemen
in such matters, and SIN determined,
cir, that you shall not pass through that
door without giving me direct answer,
unless you pass over my dead body"
Senator Smy.he, taking up his papers,
made movement as If TO start from his
seat, and Senator Fishburne again said:
"Do you withdraw what you said, sir
am not armed, but propose to use
brute force to compel you to give me an
answer one way or the other. If you
refuse to withdraw your words will
then know what to do"
Senator Smythe, who exhibited little
or no excitement throughout the whole
of the very trying and disagreeable sceno,
placed the tips of his fingers in the side
pockets Of bis pants and repeated, that
whatever he might do under other cir
cumstances he did not propose 10 be in
fluenced by threats"
Every moment the scene grew moro
awkward. Tho faces Of those looking
Oh woTe panied and troubled expressions,
and no one seemed to know exactly what
to do to avert the catastrophe which was
Imminent. Just at this moment Mr.
Farrow, the clerk OF the Senate, who
had up TO this time retained his seat at
his desk, stepped down to the floor Of
the Senate and went up TO Senators Fish
burne and Smythe and said: Gentle.
men, know all about this matter. Will
you consent TO allow your friends to try
and settle this affair by arbitration 2"
Senator Smythe said that, 80 far as he
was concerned, he had no objection to
| having the matter settled by arbitration,
and Senator Fishburnc also said: "Woil,
| am satisfied to have it settled in that
! WY if my friends desire it,"
Both Senators, with their friends,
then went to their boarding houses.
AT the night session of the Senate Mr..
Smythe was at his post, as usual but
Mr.. Fishburne did not come into the
chamber until ust before the body ad-
journed. He vas very much excited,
and after sorv conversation with the
clerk of TIC Senate, Col. Farrow, lie
went into one Of the committee rooms,
and was joined in q few minutes by Col
Farrow, where they were conversing
when the Senate adjourned.
Senator Smythe, in company with
Gen. Izlar, Col. Mccall and Senator
Moore from Spartanburg, instantly lcft
the Senate Chamber, passed down the
stairway and out of the State House
In few minutes Senator Fishburne
came out Of the committee room asking
if the Senate had adjourned, and where
Senator Smythe had gone. He rushed
into the Senate Chamber and, finding nc
one there, again ran out into the lobby
aud rushed down the stairway without
his hat OH his head and under the deep.
est excitement. The night was dark
and the rain was falling so that person
could not be recognized at little dis
tance. After getting out Of the State
House, Senator Fishburne ran at a lively
pace down towards the gate on the right
of the front entrance 10 the State House
and after nearly reaching that poin
changed his course and ran across to the
left gate through which Mr.. Smythe anc
his party were just passing. Owing tt
the darkness of the night and the shadow
of the umbrella which was carried by
Gen. Izlnr and MIR. Smythe, Senator
Fishburne did not recognize Senator
Smythe, and as Mr.. Fishburne passed oui
of tho gate into the street Mr.. Smythe
passed through the same gate into the
State House grounds, and going around
the walk which leads across the lake
passed out of sight.
BY this time Senator Fish6urne was
almost completely out of breath by hi.
exertions, and was approached by Gen
Kennedy, Col. Mccall, Mr.. Moore anc
the Reporter for the Ne,cs aud C6urier
and after some parleying induced to &c
back TO the State House.
A conference of more than an hou!
was then had with Senator Fishburne
but no agreement was reached rs to &
settlement of the difficulty. Here the
matter rested until Wednesday morning
when q warrant was issued for the arres
of Mr.. FishbuFne, by Trial Justice Mar
shall upon an affidavit made by Col
Edward McCrady, Jr.
The warrant was placed in the hand,
of Sheriff Rowan for execution, and a
half past 10 o'clock he went to AIR
Fishbnrne's boarding house, and se.Tet
the warrant.
Mr.. Fishburne was still in bed, but go
up at once. dressed and accompanied the
sheriff to the office of the trial Justice
passing through the State House, where
ne stopped for several minutes to speal
to his friends. He made no resistance tt
the warrant of arrest other than that he
was not the party named in the affidavit
his name being "Robcrt" and not "lI
c." Fishburne.
When it was known that the arrest haG
been made good deal of cxcitemen,
prevailed among the members of the
Legislature, and the windows Of the State
House were filled with eager spectators
of the sheriff and his prisoner as they
passed out Of the Capitol grounds into
Main street.
On reaching the magistrates Office
Senator Fishburne asked that the war
rant be read to him, which was done
He then said that the wrong man had
been arrested, that he was not "R. c.
Fishburne. The trial justice told him
that he had been sufficiently identified as
the party intended in the affidavit, and
to this Mr.. Fishburne desired that his
exception should ba noted
About this time Gen. Kennedy and
Col. Haskell came in. Col. Haskell
asked that the proceedings should be
stayed, and in company with Mr.. Fish.
burne went across the street to his law
office, where long conference WAS held
with the prisoner.
Shortly after Gen. Jas. F. Izlar made
an affidavit upon which warrant for the
arrest of Senator Smythe was issued.
Proceeding to the State House Sheriff
Rowan sent into the Senate Chamber fol
Mr.. Smythe, and upon his appearance
served the warrant in due form. Ac-
companied by Mr. Smythe he made his
return to the magistrate, who read the
warrant to Mr.. Smythe, telling MIN that
he would be released on bond of $4,000
to keep the peace. Mr.. Smythe then
left the office in charge of constable to
secure his bondsmen, and pending fur
ther proceedings in the case Col. Me-
Grady and Gen. Izlar appeared before
L fl,r. kr;al s.,ni;an co...all.. l..