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

Gen. Kennedy paid 10 attention to what
was being said, however, and quietly Ear.
sred his way up the street. Finding
that he ves wasting his energies. Fish
burne started of again in brisk walk
~ ca,c,, up with Gen. Kennedy. A
great throng of people followed in his
Wake. and the saddest feature OF tie SAD
sigbt was Mr.. Fishburne's little son,
handsome little fellow of about ten years
of age. as he ran along at his fathers
side trying TO keep up with his rapid
strides, his face picture OF fear ana
misery. NJ.
Fishburne, and at a glance it could be
seen that few moments more and Fish.
hume would oyertake the Lieutenant
Governor again who walked along leis.
urely. as If in total ignorance of what
was going on behind him. Some friend |
in the rear called out to him to look out.
Gen. Kennedy stopped again and turned,
facing Mr.. Fishburne, whose rapid pace
eoon brought him to within few feet OF
Gen. Kennedy. CO d-n you !' said
Mr.. Fishburne, "are you armed? will
break every bone in your d-n cowardiy
BODY" With these words he raised his
stick and struck blow at Gen. Ken
nedy's head, but Mr.. Goodwin threw up
his arm and broke the force Of the Low.
| Ger. Kennedy then said in clear voice,
81 am tired Of this thing and don't pro.
pose to put up with it any longer.
| Selling Fish hburne's stick with one hand
aud his throat with the other he nui;ed
! the Senator to the ground. With his
clenchcd fist over him, he looked rs if in
the act Of dealing fearful blow. Fish
burne threw up both hands, as il to show
that he was '.narmed, and Gen. Kennedy
turned away without striking him.. The
scene was dreadful one, and the shrieks
Of Mr.. Fishburnc's little son smote harsh.
IL on the awkward silence which follow.
ed the struggle. The Sergcant.at-Arms
of the Senate, at this moment, went up
TO Mr.. Fishburnc and raised him from
the ground.
Mr.. Fishburne stood still for several
moments without saying word, and then
in company with the Sergeantat. Arms
turned and went back towards the State
House. Gen. Kennedy and his friends
went on up to the Columbia Hotel.
About an hour after the street fight,
Fishburne went to the Columbia Hotel
and seated himself in the lobby. Trial
Justice Marshall who had just finished
his dinner at Wright's Hotel, went over
to the Columbia Hotel, and, accompanied
by Fishburnc, went to his Office, where
all affidavit had been lodged by Col. Johl
c. Haskell charging Fishburno with hav-
ing committed breach of the peace in
assaulting Gen. Kennedy, and so vio-
lating the peace bond which had been
given by Fishburne on Wednesday.
Upon this affidavit warrant was issued,
and Fishburne was arrested. Messrs.
Jeter, Goodwin, Patterson, Ferguson,
Crayton and Kennedy were required to
attend the preliminary examination
which was held by Trial Justice Mar.
shall. Messrs. Goodwyn, Jeter and Cray
ton were examined, and testified substan-
TALLY to the facts as already cited. Maio
John Jenkins and DR.. H. E. Bissell, Mr..
Fishburne's bondsmen, appeared and
gave him up to the Court. The trial
justice determined to require q new bond
of $1,000 from Mr.. Fishburne to keep
the peace, in default Of which he was To-
night committed to Jail.
After the preliminary examination to.
day Mr. Fishburne made speech in his
own behalf and in closing said: "There
is not one title of evidence that COM
mitted an assault on one ]. D. Kennedy,
while under a bond to keep the peace,
and will go to Jail to resist, as long as
God in Heaven gives me strength, what
deem tyrannical arrest" Tonight
Mr.. Fishburne procured the services OF
Col. John T. Sloan, Jr., as his attorney,
and will make application for q writ oi
ia6eas corpus. The case will probably
be argued before Chief Justice Simpson
to- morrow.
Gen. Kennedy expressed this evening
the most sincere regret that he had been
forced into personal difficulty, saying
that he and Fishburne had been togette
in the army, and that the most friendly
relations had existed between them fol-
years.
There is no use trying To conceal the
fact any longer that for the past two OF
three weeks Mr.. Fishburne has not been
himself, and the greatest kindness that
could be done him by his friends would
be to induce him to go home where he
con'd be free from the influences that
have overpowercd him.
After the adjournment of the Senate
tonight the Senators remained in the
Senate Chamber and went Into n caucus
on the tishburne affair with Gen. Harl-
lee in the chair. No definite action was
taken, but the difficulty having taken
place while the Senate was not in session.
and Fishburno therefore not being an.
swerablo to the Senate, and also being in
the hands of the law, il is the general
opinion that no further steps will be
taken by the Senate.
Mr. Fishburne is Released and Makeo nm
Apology.
COLUMBIA, February Ex-senator Fish.
burne vas released from Jail to day upon
entering into bond to keep the peace.
before Trial Justice Marshall. in the ann,
of $4,000, the amount Of the bond hay.
Ing been reduced by the trial Justice
Major B. +. Griffin, of It's city. and
Mr. +. c: Fishburne, the brothe. OF the
Senator, becoming his sureties.
After giving bond Mr.. Fishburne came
70 the State House and took his seat in
the Senate Chamber about half-past l
o'clock. After remaining quietly for
some time at his desk ho arose and said I:
"Mr: President, rise to a question of
privilege"
The President Mr.. Jeter in the chair
during the absence of Lieutenant Cover.
nor Kennedy } "The Senator from
Colieton will state his question of priv
lege."
Mr.. Fishburne: "Mr. President. if
have done anything derogatory to .he
dignity of this honorable body | desire
70 make ample apology for the same"
Gnitean'S Death Sentence.
! WASHINGTON, February AFTER the
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