a- cla:ek8vmjle vfkelily chronicle.--...a--cla:ek8vmjle vfkelily chronicle.-- vol. 43--n-o. 25....

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A- - CLA:EK8VMjLE VfKEliLY CHRONICLE.-- - VOL. 43--N- O. 25. CLARKSVILLE TENN., SATURDAY, NOVEMBER 13, 1875; WHOLE NO. 2,215. DRUGS! FAMILY MEDICINES ! Chendcals, Dye Stuffs, ( TS, OILS, Window Glass and Putt), PIKE TEAS! rUXE WINES, FRENCH BRANDY ! PEACH BRANDY, ? . Old Bourbon and Robnrtpon Co. w I S KE y s ! AND PURE SCOTCH ALE ! Tor Medicinal Purpose?'. . TOILET ARTICLES I in great variety, for sale, wholesale and rrjl by OWEN & MOORE. July 7, 1871 f. ! We arc now receiving all BOOKS -- AND STATIONERY SCHOOL BOOKS, Miscellanous Books if'' r Blank Books! ALL OF Paper Envelopes, Pens, Ink, Pencils; Pocket Books, Slates, Mencrandums, Bibles, Sunday School Books, Photograph Albums, Hymn Books, Gold Pens, Sheet l&usic and Mu- sical Instruments, &c. We offer to and "EACH-EltS- J a liberal discount from rubliheni' List. Ouly give u a trial and if otirfcootls, priced and liietlxxl of doing business are nut satisfactory, we do uotusk acanlinna-tio- n of your custom. y.ll communications answered promptly an 1 orders filled with (U.sjHitcli. i. B. AH Books, witbontExcepf ion, so Id at Publishers' Prices. Respectfully, OWEN k MOORE. July 7. IWVtf. largest, most S complete and Cheapest stock of GLASS, CHINA, STONE CHINA, PORCELAIN, LAMP AND HOUSE FURNISHING GOO Ever in Clarksvillc. We have Marked rices Hill And shall he glad to have yon call and see Goods and compare prices. In China c have some beautiful IES, OIHHER illD CHAMBER SETSi In stone China, Porcelain and Glass, eve- rything that is used on table, in new and desirable shapes. A very large assort- ment Lamps, the celebrated 10MXPL0SIVE LAMP! R- -l in the of A of New in A of in of l Jet STYLES MERCHANTS the the the CLOCKS. and Silver, and absolutely safe hands children and servants. Very, fine Lamp Chimneys, cheap. full line KNIVES, FORKS AND SPOONS patterns very line assortment Spectacles, Iramcs. both ebble and Goods, Gold Solid kinds (jlass.i Plated Goods. We oiler our stock, wholesale and retail, at Prices that will Keep the Money Circulating HERE. Call and see them at OotobcMt;. IsTj-tf- . and COOKE'S. FaU & Winter, '75. V. L. ARGE Are Invited to Wi31iaiiisi-- i B0'ES and HATS and Ior Xnll nnd THE LATEST STYLES. STRICTLY- - RELIABLE GOODS ! ; ! ' MM If y J7Io 4 u wsm Shoot off 'the fiif Eon ! ' Scatter the Goods, and Proclaim TKe Low In announcing to my many customers and the trade ray large stock and varied assortment of Boots, Shoes, Hats &c., now offered for Fail and Winter wear, J am glad to say that by a. strict observance heretofore of their wishes, I am now prepared to show them goods better suited to their wants and at i - . i. : . . lower iirn-e- s mail ever iu mc ui. i In the purchase and selection, of my stock, all nf which was made directly j to my order by the very 11 KST MANUFACTURKRS.in this country, I have J especially considered the wants of tnv n a 01. 11... v. - :!!.. . iiuOM olioes, iiai:. vc, tTieciiiiiy nuneu u ineir waiiir., uciug ii.i.iucV''1i in ai.i)earance, COM FOKTABLE. EASY-FITTIN- G and DURABLE in wear. FARMERS AND; WORKING MEN Will find in our stock of heavy, double sole KIP BOO TS Rvervthinc desirable for water-proo- f and durable winter wear. Also Chil dren's. Youth's and Boys, Kip Boots, in store the larcest and most complete Ladies' Heavy Kip and Calf Shoes, of excellent quality, warranted to wear satisfactorily. Men's and Boys' Calf Boots and Shoes, sewed and pegged, plain and box toe. a larpe stock, consisting of all the latest styles, most reliable in quality and perfect fitting. Wishing something combining comfort, an examination ol our stock of S T 9, Winte - Wear, Prices ! trade and can now show them a line of . i. tt t vncnvrp with and without Copper Tips. We have assortment of Children's Misses' and all sizes in the most desirable styles of hnuty and durability, will find it by T O C I and Liquors, Cable Screw Wire Boots and Shoes, in the most approved styles, plain and box toe. on broad and narrow lasts, guaranteeing a perfect fit. All who have tried these goods will testify to their perfection. Children's, Misses and Ladies' FIIV JE SHOES. In this department of our business we arc "able to offer greater induce- ments than ever before, having a larger stock and more varied assortment, embracing all the novelties in style, and everything necessary for durability and comfort, made direetly for us by the very best manufacturers in this coun- try. both in fit and wear, fully and positively guaranteed. To make our stock of Ladies' Shoes fully complete, we have added Burt's Celebrated Fine Shoes, In all styles. These goods have too broad a reputation to need com- mendation by us. An examination of them, with the rest of our stock, will show that we can fit all, from the broadest to the narrowest foot. HATS ! HATS ! In order to reduce our now very large stock, we will offer the cheapest line of FINE HATS ever offered in this market, comprisine the latest and most fashionable styles, in the finest material of BEAVEll FUll, minuficturcd to our order for oor trade. If you want anything in the way of a hat from the cheapest WOOL to the finest Fl'K, see our stock before buying elsewhere. We cau certainly suit you in Quality, Style and Prire. Acknowledging, with thanks to my customers, their liberal patronage in the past, I can but feel assured of a larger share of their trade in the future, by an examination of ' OUR S which will show everything in 0 C Satisfaction, Boots, Shoes, Hats, &c, necessary to fill the demands of a large and extensive trade, and an examin- ation of Our Prices, will convince all that wc CANNOT UNDERSOLD. Very Kespectfully, V. L. WILLIAMS. Store Koom So. '2.1, Franklin Street -- Banner across the Street In Front November t, lS75-t- f. j ALWAYS KEEPS ON HAND A IcOMPLETE STOCK -(- ) F DRUGS ail& PAINTS TOILET ARTICLES, BMK BOOKS AND STATIOHERY, Tobacco, Cigars And he asks of both retail and wholesale purchasers to call and. examine be- fore purchaMog elsewhere. LOct. 23, 1875-t- f. JOB PRINTING,! OF ANY KIND, Come to the Chronicle Office. AS ' ARHUMBNT. I At a criminal trial, during a recent term of oar Criminal Court, the follow- ing case of circumstantial evidence was submitted to the jury $y one of the attorneys of our bat, and wo publish tho ' same at the request of several parties who heard tie same delivered, hoping that it may v trove interesting and profitable to all who may read it. ' : 11 ' Editors. , - May it please the Court and. gentle- men of the jury : The whole ' testi- mony elicited in this cause, only estab lishes .a case, of; circumstantial proof. It is claimed by some, that circumstan- tial proof is of the highest import, and has a tendency to estabjisb guilt, com- mensurate with proof positive.- - Before we conclude this argument, with the permission of . this Honorable Court, and the indulgence of this intelligent jury, we propose to show, that circum stantial proof, is only prima facie evi- dence of guilt; and it is a rare case indeed.'in which a prisoner should be convicted njon such proof, if indeed a conviction should be bad at all under any circumstances. I know 'that we have some distinguished authorities who allege, that circumstances 50 a longways in establishing either the guilt or the innocence of the accused. This is certainly true to some extent, but should it be accepted under any circumstances, as proof positive be yond reasonable doubt, of the guilt of the accused. I can rot bring the tuestion. of circumstantial, proof so vividly before this .; Hon. Court and jury, in any other manner,' than by a rehearsal of similar-incident- s, and similar trials, which have preceded us in the past; and in doing this, I pro- pose to pass over in tearful silence and sorrowing regret, the tragic trials of Le-Brui- Crow, Bradford and others, found in the British chronicles of cir- cumstantial evidence; besides a long array of American citizens-- punished innocently by circumstantial proof, and, the illusory .testimony r.thus ad- duced, tending to establish' guilt upon the party accused; and. rehearse only one case of mournful interest, which transpired in one of our skter States in the year 1840 ; happening too in the glare and gleam of intellectual lore. and scientific march, even in the "land of thefree, and the home of the brave, . . e?en in. tne land of vonr Washington 8, your Lee's, your Henrys- - and your Randolph's ; and in calling the atten tion of this court and jury to the above convictions based upon circumstantial proof, wherein hecatombs of human victims were brought upon the sacra-fici- al altar, dare we impugn the integ- rity of the courts, and the honest con- clusions of the juries (Tying the same? Most assuredly not, but right here, we make the broad and emphatic declara- tion, without prejudice', partiality, or injury to any one, that, sincerity of purpose, never yet proved tho correct- ness of principle ; the Husajilman in his blind adherance, q the .tenets of the . Koran, is just ai. sincere as the Christian martyr;, tha tVrian, sealing bis belief in the his blood is just as consclencious in his conYK: tioDS of duty, as was Stephen when being stoned for the faith once de- livered to the saints. So all cannot be right, some must be in error. I care not how honest this court and this jury may be in the investigation of this, or any other criminal case, if the truth is not elicited, and a verdict rendered upon misconceived data, an irreparable injury is inflicted, not only on the party accused, but upon the great body politic, which never can be atoned for. In canvassing the isolated case which I propose to present to the favorable consideration of the court and jury, I propose to present it iu my own way, and in my own language, never having seen the same in print, neither do I know that the same was ever publish- ed, but the main fact) are true, and vouched for to me in early life, and I believe them to be true in the main, and my sole object in presenting this case in detail, is to show most conclu- sively the great injury inflicted upon society by convictions, based upon cir- cumstantial proof alone. In the year 1840, there lived in Goochland county, i Virginia, a man by the name of Oliver, who was a bachelor, being miserly and niggardly in the extreme, owning a small farm in the Southern portion of the county, and a larger one in the Northern part, distant about ten miles; this smaller farm he had determined to vacate, at least temporarily, and had, on Friday morning, December 22d, sent Lis remaining servants up to the large farm with the intention of following them about noon. Oliver had 'spent the preceding night in re- velry and debauchery; and was rich, bigoted, selfish, and relentless, having probably a sufficiency of common sense, but swerved and swayed by an undue influenco of the almighty dollar.. The house which he was about to vacate, was a low log bodied one, with a wide covered passage between the two rooms, with a eaiall window in the side of each room. Oliver had removed all the furniture from this house, save a few chairs iu the west room, and an old fashioned escritoire, or writing desk, in the east room, in which he was in the habit of locking up his val uables, and the night before" during his revelry, he had locked up in this desk two fifty dollar notes on the State bank. During the excitement on Fri- day morning incidental to moving, he had forgotten to take out this money, and at noon, he mounted his horse and started to his upper farm. He had rode probably five or six miles before he thought of his money, and immedi- ately he retraced his way with great speed. About the time of his turning back he had encountered a severe snow storm, but it lasted but a few minutes, and had entirely ceased upon Wis arrival back ; so riding up to the front gate, he discovered the tracks of two persons' leading up to the house, and also the same tracks returning out airain. When he arrived at the house, it took him but a moment to ascertain the appalling fact, that his house had recently been broken open, and that he had been robbed of his coveted treasure ; he felt convinced that the parties making the tracks, were the e&tlty ones. In looking around both i rooms, he discovered that his desk had beea broken open, and that a fire had recently been kindled in the west room, and that the old axe lay upon the hearthstone, together with some splint- ers from the old writing desk, and that the same tracks led from the west room across the wide passage, into the east room, and then : returned, the footprints being unmistakably imbed ed in the snow which had drifted clear across the passage. II is first and only impulse was to posh forward upon the tracks of the guilty parties. ' He over took them just as they arrived at home, and they proved to bo the sod and daughter of his neighbor, James Deer ing, who lived about two miles distant. and with whom he was not on the most friendly' terms; he immediately, and in a rude and threatening manner. charged Jennie and Robert Deeriug, with thecrime; they, pale with affright, gave forth what the world calls posi- tive evidence of guilt. Flow could it be otherwise? Suddenly charge bur- glary and theft upon any one, though as pure as the tints of the morning's dewdrops, a tremor and ghastly pallor would pervade the. features. It was so with Jennie and Robert Deeriug ; Oliver threatened them that if they did not restore to him his money, and make a full confession, they would be waited upon the next morning with State warrant; they had no reparation to make, or at least they offered none, save protestations of innocence, coupled with the prayers and entreaties of their father, and the pitiful supplications of their mother. The next morning they e .arretted, and taken before the nearest magistrate for preliminary ex- amination, when and where the above facts were detailed by Oliver, and one Murphy, in behalf of the State, Mur- phy having been - requested by Oliver to go with him to the scene of outrage, and bear testimony with him in behalf of the prosecution. At the conclusion of the. testimony, the Justice informed Jennie and Robert Deenng, that they had the privilege of making any state- ment they chose, in extenuation of the crime with which thf.y were charged. Jennie being the elder of the two, sub- mitted insubstauce the following state- ment: That she was 18 years old, and Robert was 16, that they were returning, from the nearest village on Friday, December 22d, . where they had been atteuding school during the week, at about the hour of 1 o'clock ; it being intensely cold, they had left the main road, and bad determined to travel a by-pa- th which led through the woode, and immediately by the aforesaid farm of Mr. Oliver; when getting opposite the house, she suggested to Robert tho propriety of going up to the house, and warming themselves, as they were very cold; they opened the front gate, and walked boldly and innocently forward to the door of the west room ; the door to which was closed, but not locked, and after making repeated knocks so as to arouse the inmates, if any there were, and being, unsuccessful, she turned the hand-kno- b and the door swung open with a harsh grating sound. She and Robert both noticed that some violence had been done the door, but after scanning the room, they paid no fifrther attention to this seemingly trivial circumstance. After they had gotten into the . room, . tbey noticed that it had been tenanted very recently, for the smouldering ashen were yet warm and glowing upou the old fashioned hearthstone, and Jennie requested Robert to go out and get some kindling with which to start a blaze, whsn he return- ed, and reported that he could find neither wood nor axe; upon glancing into one corner of the room, she saw dry stick of wood, though too large to ignite from the fast failing embers, Robert proceeded to look about the rooms for axe, hatchet, or something with which to split it up; he proceed- ed at once across the passage into the East room, and noticed that the doors leading into this room bore marks of violence ; when he entered this room a casual glauce showed him at once that it contained no furniture what- ever, save the rema'm- - of what appear- ed to be an old writing desk, which was nothing but a heavy unwieldy box, set upon legs, with a lid, being made of coarse oak timber, 11 11 painted, and unvarnished, with the lid shatter- ed into a thousand fragments, with bits of paper strewn over the floor, and an old axe laying near by. Ho called to Jennie who immediately came into the room, but it did not occur to their unsophisticated minds that a. robbery had been committed ; they re- mained in this room but a moment, re- turning to the West room, taking with them the axe and some splinters of the aforesaid desk ; they soon had a cheer- ful blaze, and after warming them selves, they resumed their journey homewards, where they were overtaken, by Mr. Oliver as detailed above. Further the deponent Jennie Dcering said not. There was nothing else of importance elicited at this examining court; the acting justice holding them under bond for their appearance at the next term of the Criminal Court. They were promptly indicted at said court, and placed jointly on trial in April following. At the trial nothing further was developed save a little more definite tesmony detailed by Mr. Oliver, in behalf of the prosecution. He stated that he could not have been absent but a very short time, and that no other persons seemingly bad ac- cess to the bouse, save Jennie and Robert Deering, he further stated that he knew that he had left the axe at the wood pile, when he left the premises, and that ho tracked Robert Deeriog to the wood pile, and again to the house. It was further in proof, that there was no school that day after 12 o'clock, and that Jennie and Robert had left the viltage soon after 12 o'clock, and that it had commenced to snow after their departure, and must have ceased 00 or about the time of their arrival at Oliver's. This was the substance of all the testimony had atthis lamenta- ble trial, save the many cross questions and answers, incident to trials of like character. Now the question looms up with startling impress, were Jennie and Robert Deering guilty as alleged in the indictment? It must be confessed that if a conviction be had under any circumstances on circumstantial proof, it would cem that the surroundings in this case, would certainly justify a conviction. Ia vain waa their youth, simplicity, and social standing pleaded in their behalf. The law knows no favorites ; the defendants with all their social clements, 8tood before the law in the same category with others. Were Jennie and Robert Deering guilty as alleged in the indictment? That was the question to be settled by that Honorable Court and jury. The charge was then delivered to the court and the jury retired. After an ab- sence of one hour they slowly and sol- emnly filed into the court room, and after being polled the clerk asked, " Have you agreed gentlemen upon a verdict ?" The response was, "we, the jury find the defendants Jennie and Robert Deering, guilty of the daplex crime of burglary and grand larceny. as charged in the indictment, and fix the penalty of said crime in the State prison at ten years each." A wail of anguish rent the conrt room, but where the relieir Aiaeacn court and jury give a righteous verdict? The world at that time so regarded it, save a few sympathising friends, among them the distracted father, and the agonizing mother. - It is hardly neces sary for me to detail to this jury the many sorrowful scenes and incidents ia connection which this trial. I will ply appeal to your indulgence and state again that my only object in pre- senting this case, is to show the great and incalculable evils resulting from convictions based upon circumstantial evidence.- A few words ia reference to this iminadiate family wherein Jen-ui- e and Robert Deering were innocent, and we will close the argument. J en-ni- e. Deering, frail and sensitive as a spring flower, conscious of innocence and purity of soul, bent to the pressure of excitement and public condemna- tion, like the sleuder reed to the gath- ering tempest, refused to be incarcer- ated In a felon's dungeon. Was she refractory?. No: Man's erring judg- ment could immolate her delicate form apon the altar of the misguided be- hests of criminal law, but her spirit, pare as an angel's and spotless as the rainbow tints of a summer's cloud, refused further indignity.. She sunk to rest, and her bright, beautiful spirit ws Claimed amoog the "just made "perfect" " beyond the sunset's radiant glow :" and were it possible for the spirit to look back wsaa the mishaps and misdoings of ira'd, " fallible hu- manity,' no doubt hers vo.i reach out from the Paradise of God, a4 aid er- ring mortals to a seen d tho lad- der that reaches from earth to X&aceo, guide them in the paths 'of truth ad righteousness, and wave the torch that dispels the gloom and reveals the beau- tiful picture of the resurrected. It is not my province, gentlemen of the jury, to paint a picture, but rather to present the many evils resulting from a strict adherence by our Criminal Courts to circumstantial proof, in all of iti glaring and hideous deformities, warped; and twisted, and perverted in a great- - ma jority of eases by malice, hatred and revenge, or a misguided zeal in endeav- oring to maintain and uphold the crim- inal jurisprudence of our coantry. Ask his Honor Judge how many righteous convictions, based upon cir- cumstantial proof, would it require to counteract or atone for one conviction of like proof, where the party or par- ties charged were innocent?, His Honor, nor any other mortal being, has the rightto fix the number. The case which wc hare under considera- tion to-d- ay is similar in all of its as pects to that of Jennie and itobert "Deering, the whole of it being main- tained up to this point on circum- stances alone. "In the mouth of two or three witnesses shall every thing be established." How established ? By circumstantial proof showing that the guilty parties may be other then those before the court? You will natural- ly ask when should circumstantial proof convict? We answer never, never, never, when it is possible for other parties to have committed the deed, other than those arraigsed be- fore the court. You may, as public conservators of the peaee and well be- ing of society, admonish as that before us lies a world within whose recepta- cle is a lazar house of wiekedness, and within whose most secret cham- bers is a vast charnel house of moral depravity and infamous corruption, to cleanse and purify which requires the earnest and persevering efforts of our Crimiu il lVorw and jurie. True.it apear-- t tk it ih s fire of hell are ar- rayed in oiiHMilid phalanx to turn back the tide t' a Bible civilization, and every good man should buckle on hi arraj, and march with unfaltering stept to the front. In this contest for moral and intellectual supremacy, in- tegrity of heart and honesty of pur- pose should be the watchword, and in prosecuting the criminal, spare the in- nocent. If this were a civil action, founded upon contract, a mistake in your verdict could be rectified, but an error made in a criminal prosecution is past redemption. It was so with Jennie and Robert Deering; they plead "not guilty," and the reveal-men- ts made at the end of eighteen months convinced a skeptic and obdu- rate world that that plea was true to the letter. Mrs. Deering snd Jennie sank under the weight of accumulated wrong, and passed to a higher life where there is no crime, nocriminals, and no criminal courts. James Deering, the father, wandered a helpless imbe- cile, repeating like Jacob, " me have ye bereaved of my children ; Jennie is not, and Robert is not, all these things are against me." Robert served nearly eighteen months in the State prison before he was released, and went forth into the world with the memories of his early youth clustering around the fragments of his crushed and bleeding heart Do I cite this la- mentable case, gentlemen of the jury, with a view to excite your sympathies, to persuade you to condone crime, and thas throw your protecting aegis over the criminals of our couutry? No; far be it from me to palliate, or in any wise to extenuate the conduct of i the transgressor, but my voice will al- ways be heard in the defence of tfie guiltless and of him who is charged with cringe, when another may be the true culprit. We propose now detailing the facts culminating in the entire innocence of Jennie and Robert Deering of the crime with which they were convicted, and for which .Robert Deering was now undergoing punishment ia the State prisoal Long anterior to tho time at which this lamentable trial oc- - eured, there wandered from the Blue Ridge to the Chespeak Bay a strange and mysterious specimen of humanity, known as old " Dakka." Whether his name had any relevancy to the evil spirits known a"Diakka," the writer knows not, but it is evident that his his tor? was a stran.ee one. at least if ignorance - touching a maa's birth, parentage and avocation can be called a history. At the time of which we speak, old Dakka could not have been less thaa one hundred years old, and in height about six feet, ten or eleven inches, very spare and bony, not weighing over one hundred and forty pounds, what we usually denominate skin and bones," would fitly apply to old Dakka. That venerable gentle man, "the oldest inhabitant," could distinctly remember old Dakka's sud den and meteor like visits sixty years antecedent to, this, and ha carried with him the same peculiarity of manners then ae he did at the time of which we speak. No man haJ ever seen him eat, no man had ever seen him drink, no one had ever seen him langh, and no one had ever seen him weep. ' 'Tis true, sometimes he would call at a farm house and ask for a morsel to eat, but not eating until he went forth into the deep and silent woods. A straw rick was his couch in winter, and the bare heath a pillow in summer. When his name was called at the fire side, child- ren would cluster closer around their mothers and speak in whispers, while the negroes would tell of seeing many a ghostly and weird-lik- e phantom. So far as human scrutiny goes, old Dakka, up to this time, had never done any one any.hrtria. If he was evil dis- posed, he had kept his evil counsels to himself. Refusiog utterly and at all times to hold personal conversation with any oae, it was impossible to di- vine his thoughts, whether good or bad. From the date of the trial of Jennie and Robert Deering until Oc- tober 1842, no one had set foot in the Oliver house ; in fact he had nailed it up securely 00 the evening of the rob- bery, and from indications, no one had disturbed the quietude of the place until he sent workmen there in Oct. 1842, to prepare the honse for his fu- ture home. In tearing away the old stiarway, underneath which wasa dark, strange closet there sat the corpse of old Dakka revealed, sitting bolt up- right on an empty keg, with his head rery slightly inclined backward and rearing against the stairway, with his knees touching the closet door, with the two fty dollar notes firmly gripped in boti jfcands.' Here be had sat un- disturbed Md undl'turbing for two years, while the outer world was wreak- ing its vengance .upon innocence and purity! Several questions might be asked touching bjj j ogress into the house and his failure Xo make egress therefrom. To all of said questions we( have only to say, Ithat old Dakka must have been watchiag (Oliver's movements when he left the premises, and went immediately into the house, taking the axe with him, breaking open the chest, purloining the money, and upon the approach of Jennie and Robert Deering, he had slippei into the little closet and pulling the door to, it fastened with a spring lock, so that he was unable to force the fasten- ings, snd thus free himself, being afraid to make his presence known even when Oliver and Murphy had visited the premises, and thinking no doubt that he would be able at an early hour to wrench the door from its fastenings in due time, and thus free himself from his dark and isolaled death cell. Again, it may be that death crept upon him quietly and gradually, like it very frequently docs upon age and infirmity ; or it may be that the swift-winge- d messenger of retribution was sent upon him suddenly.as a penalty for his evil deeds. These surmises are only matters of conjecture and can only h solved in the Great Hereafter. The unveiling of the statue of Stonewall Jackson, in Richmond, pro- duced this masterly tribute from the New York Tribune, to ths heroism of the dead soldier of the confederacy ; We have now so far passed out from under the influence of the passions engendered by the war that we may almost consider its figures and events with the impartiality of history. On both sides we are coming to separate the men of that stormy time from the events which brought them forth and set them in so strong a light, and we are growing into juster judgments and clearer apprehensions of their real character. We of the North can not. only look calmly on while Virginia and the South eulogize the heroes who grew great to our discomfiture, but we can unite with them in paying the tribute of our admiration to the rugged virtues, the obstinate sincerity, the manly faith, the courageous self-deni- which are perpetuated in the monu- mental bronze unveiled at Richmond yesterday. His deeds and his sacrifi- ces are in a special sense the heritage of the men with whom and for whom he fought, but in a larger sense his ex- ample as a man of sineerity, constancy snd fidelity to his honest convictions, is the worlds,' and will be remembered when the canse he fought for is for- gotten. IOOIH A5D SAJfKET. The Cincinnati Gazette accounts for the success f these remarkable evangelists in this way: Moody's style is that which suits the people, and hence the masses erowd to hear him. Though an unlearned man, he has broken down prejudice which met him at the outset, and compelled the' admiration of scholars, divines and critics. He is now the subject of editorial comment in the secular papers of New York every day.and as a gene- ral thing he is favorably noticed. As all the papers are giving him attention, so the eiple talk about him, while, like the Herald, hnndredsacknoledge their inability to discover the special attractions, but "the common people hear him gladly. The Boston Pilot thinks that if men and newippers did not let girls know what bad is they would not do bad-Yes- ; one morning Adam brought in the Chicago Times with its story of the boy who stole apples, and Eve imme- diately went out and eat the pippin. Indian corn in North Germany often assumes a place among the household plants. It is regarded there ss tropical. In' our country it becomes tropical only under the name of Bourbon, aud thon it warms a man up so that he feels ss if he were under the tropic of Capricorn. GEOEGU XUtiUETS. . A Gold Field Discover Sear Atlanta. Pronoaaced the Eh heat la the United . States. Atlanta Herald, Oct. 3S. The streets of our city yesterday were alive with rumors of the discov- ery of gold in immense and inexhaust-abl- e quantities near the neighboring town of Decatur. A Herald reporter in eager pursuit of an item which had such a "shine" in it met Squire Tuggle, an intelligent citizen of lie Kalb, who gave us some information in regard to the new Bo- -' nsoza. He says the land on which the mine has been discovered beloegs to Mr. P. M. Rickett, and is situated" about MX MIL13 TROX ATLANTA, on the Flat Shoal in Panthcrsville District, near the mill owned by Mr. Pitts and Mrs: .White; It is two miles from Mr. Taggleaand near the places of Mr. F$iaand Messrs. John and Sam McWilliams.. Mr. Tugjle stateJthat the mine was undoubtedly a rich one, that ore to the value of over six hundred dol- lars to the tea had been found "lying around loose," and that it had been leased to a Mr. Bullock for twenty years. A later hour found this reporter in conversation with the real lessee. Col. Albert U. Moore, who ia a very intel- ligent manner gave some further and very interesting details ia regard to this raXXXSK GOLD FILL Col. Moors is a practical miner. He is conversant with the different mines and mining operations of the United States. In New York he was eugagedas a metallurgist, aad came io contact with the precious metals ia every form and combination, and with the different soils and rocks in which gold is found. He is the owner of the well-know- n Battle Branch void mine, in Lumpkin county, so named because the slender and threadlike branch flowing through the section where the yellow treasure lay hidden, was the scene of many a bloody fight between parties of Georgia as, TeoaeMceans aad North Carolinians, who were con- tending for the possession. Io the last fight, the Georgians and Tennes-scean- s were the billigeraots, and the Georgians earne off victorious. From this mine CoL Moors says he has made ovsb rmr thocsasp dollar-- , clear of all expenses, since last March, and he avers that this Dehlalb mine is far richer than that oae. While it is true that the Battle Branch mine has yielded at the rate of tea thousand dollars a ton, this is only in the pockets across which the miners would come. In other places the yield would be very small, or perhaps eoth ing, making the. average yield aboct ten dollars a toa. This is aa excellent yield. One dollar a too is sufficient to coverall expenses of mining and mill- ing, and ten dollars leaves a good mar- gin of profit. But ia the DcKalb mine, the yield, he is confident, f rom several experiments very carefully made, eannot be less than 8EVISTY-ri- V DOLLARS A TOX, by the simple process of mashing, and washing out in a pan the plan of the earlyfgulch miners ia California two ounces of ora from this mine have yielded a grain of gold; and in this erude method over half the pure meta l is lost. The first discoyercr of ti?s Ortnt was the owner of the la nd , M r. Uw ke U. With, that uncertainty or timidity of feeling which is the result of a natural incredulity in regard to big stories about gold discoveries, in these days when the professed discovery fre- quently results in "vanity and vexa- tion of spirit," Mr. Rickett failed to work the mine himself, but invited Col. Moore to examine it. The latter gentleman, as a result of this investi- gation, has leased the mine for twenty years, paying 31 r. Rickett one tnth t' the profits. Even this tenth, if ap- pearances are verified, will make the fortunate owner of this valuable land a very wealthy man in less than half of the twenty years. 'And as to Col. Moore, granting that his most cautious expectations are realized, the amount of SUINI3IO GOLD PIICK4 that will be piled about him in a de- cade, would be enough to girdle bis houe with a golden wall: enough o intoxicate the brain and dazzbt the vision of even a Jones, a Flood, or an O'Brien. Without the slightest hesitation. and after the most sobe and rigid examination of the locality and tho ore. Col. Moore pronounces this Georgia mine incomparably the rich- est in the United States, or so far as discovered, in North America. The locality where this precious Ue-no- is found is a stretch of dark. slaty land, lying partly in timber and oartlv in the open uell. ine vein seems very deep and rich, cropping out very freely on the surface, run ning from base to biseor a bill, wnicn is not a quarter of a mile from a full supply of water, affording ready aud ample facilities for quick aud profita- ble working. ('ol. Moore hav a little mill, corntq: of Clhoanstreet jjqd Railroad avenue, to which he is hauling ore ; and from this he expects at least oue hundred dollars a day. He has ordered A TWELVE STAMP MILL, which Mr. Withers, of Atlanta, is retting up. It will be at wore in ten days. The Silver Eesumptloa Scheme. Notwithstandicg the acknowleed improbability that silver coin can be kept in circulation in this country while gold is above H)8, preparations are being made to try the experiment. The act of Jan. 14, 187"i, to provide the resumption of specie payments, authorizes and requires the Secretary of the Treasury, as rapidly as npacti-eabl- e, to be caused to be coined at the mints of the United States silver coins of the denominations of 10, 25 and 5" cents, and to them in redemption of an equal number and amount of f ractional currency of similar denomi- nations. Dr. Linderman, Director of the Mint Bureau, is now engaged in perfecting measures for the coinage of such pieces to enable the Secretary to carry out the law. The total amount of fractional cur- rency shown by books of the Treasury Depurtment to be now ia circulation is $W,7s3.i7i, and it is estimated of this amount over 12,(XM.)0 is in ten-ce- notes. $l.."iiNI,WXl, in fifteen cent notes, f2.iJH0, in five-re- ut notes, tlM, (alii in twenty-fiv- e cent notes, and 115, UUO.UiMj ia fifty cent notes. Hence it will require 120,0UU,0U dimes to retire the fractional currency notes of that denomination, and with the present operations of the uinU two years will be required to coin them alone, unless the coinage of all other pieces be sus- pended, aud the whole force assigned to work upon them. Forty million twenty-fiv- e cent pieces will be required to replace the twenfy-five-ee- notes, and :l.tMK),0J0 half dollars to replace the fifty cent notes. A pretty yonng lady lawyer of Chi- cago always declines divorce cava. Her argument on that score is short and sweet, viz: Every woman who ac- cepts a hasbmd should forever there-alte- r during life, ba compelled to live with him, whether ugly, shabby, good, bad or indifferent. Joe Jefferson's gift of $.VW to a monument to Irving is a worthy act of gratitude to a man whoso legend has enriched the stage. Joe has only made $D00,0UO out of Irving s idea.

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Page 1: A- CLA:EK8VMjLE VfKEliLY CHRONICLE.--...A--CLA:EK8VMjLE VfKEliLY CHRONICLE.-- VOL. 43--N-O. 25. CLARKSVILLE TENN., SATURDAY, NOVEMBER 13, 1875; WHOLE NO. 2,215. DRUGS! FAMILY MEDICINES!

A--

CLA:EK8VMjLE VfKEliLY CHRONICLE.-- -

VOL. 43--N- O. 25. CLARKSVILLE TENN., SATURDAY, NOVEMBER 13, 1875; WHOLE NO. 2,215.

DRUGS!FAMILY MEDICINES !

Chendcals, Dye Stuffs,(

TS, OILS,

Window Glass and Putt),

PIKE TEAS!rUXE WINES,

FRENCH BRANDY !

PEACH BRANDY,?

. Old Bourbon and Robnrtpon Co.

w I S K E y s !

AND

PURE SCOTCH ALE !

Tor Medicinal Purpose?'..

TOILET ARTICLES I

in great variety, for sale, wholesale andrrjl by

OWEN & MOORE.July 7, 1871 f.

!

We arc now receiving

all

BOOKS-- AND

STATIONERYSCHOOL BOOKS,

Miscellanous Booksif'' r

Blank Books!

ALL OF

Paper Envelopes,Pens, Ink, Pencils;

Pocket Books, Slates,Mencrandums, Bibles,

Sunday School Books,

Photograph Albums,Hymn Books, Gold Pens,

Sheet l&usic and Mu-

sical Instruments, &c.We offer to and "EACH-EltS- J

a liberal discount from rubliheni'List. Ouly give u a trial and if otirfcootls,priced and liietlxxl of doing business arenut satisfactory, we do uotusk acanlinna-tio- n

of your custom.y.ll communications answered promptly

an 1 orders filled with (U.sjHitcli.

i. B. AH Books, witbontExcepf ion,so Id at Publishers' Prices.

Respectfully,

OWEN k MOORE.July 7. IWVtf.

largest, most

S

complete and Cheapest stock of

GLASS, CHINA,STONE CHINA,

PORCELAIN, LAMPAND HOUSE

FURNISHING GOO

Ever in Clarksvillc. We have

Marked rices Hill

And shall he glad to have yon call and seeGoods and compare prices. In China

c have some beautiful

IES, OIHHER illD CHAMBER SETSi

In stone China, Porcelain and Glass, eve-

rything that is used on table, in newand desirable shapes. A very large assort-

ment Lamps, the celebrated

10MXPL0SIVE LAMP!

R--l

in the of

A of

New inA of in

of lJet

STYLES

MERCHANTS

the

the

the

CLOCKS.

and Silver, and

absolutely safe hands childrenand servants. Very, fine Lamp Chimneys,cheap. full line

KNIVES, FORKS AND SPOONS

patternsvery line assortment Spectacles,

Iramcs. both ebble andGoods, Gold Solid

kinds (jlass.i

Plated Goods.We oiler our stock, wholesale and retail,

at Prices that will Keep the MoneyCirculating HERE. Call and see themat

OotobcMt;. IsTj-tf- .

and

COOKE'S.

FaU & Winter, '75.

V. L.ARGE

Are Invited to

Wi31iaiiisi--i

B0'ES andHATS and

Ior Xnll nnd

THE LATEST STYLES.STRICTLY- - RELIABLE GOODS !

; ! '

MMIf y J7Io4 u wsm

Shoot off 'the fiif Eon ! ' Scatter the Goods, and Proclaim

TKe LowIn announcing to my many customers and the trade ray large stock and

varied assortment of Boots, Shoes, Hats &c., now offered for Fail and Winterwear, J am glad to say that by a. strict observance heretofore of their wishes,I am now prepared to show them goods better suited to their wants and ati - . i. : . .lower iirn-e- s mail ever iu mc ui. i

In the purchase and selection, of my stock, all nf which was made directly j

to my order by the very 11 KST MANUFACTURKRS.in this country, I have J

especially considered the wants of tnvn a 01. 11... v. - :!!.. .iiuOM olioes, iiai:. vc, tTieciiiiiy nuneu u ineir waiiir., uciug ii.i.iucV''1iin ai.i)earance, COM FOKTABLE. EASY-FITTIN- G and DURABLE inwear.

FARMERS AND; WORKING MENWill find in our stock of heavy, double sole

KIP BOO TSRvervthinc desirable for water-proo- f and durable winter wear. Also Children's. Youth's and Boys, Kip Boots,in store the larcest and most completeLadies' Heavy Kip and Calf Shoes, ofexcellent quality, warranted to wear satisfactorily.

Men's and Boys' Calf Boots and Shoes, sewed and pegged, plain and boxtoe. a larpe stock, consisting of all the latest styles, most reliable in quality andperfect fitting.

Wishing something combining comfort,an examination ol our stock of

S T

9,Winte -Wear,

Prices !

trade and can now show them a line of. i. tt t vncnvrp

with and without Copper Tips. We haveassortment of Children's Misses' andall sizes in the most desirable styles of

hnuty and durability, will find it by

T O C I

and Liquors,

Cable Screw WireBoots and Shoes, in the most approved styles, plain and box toe. on broad andnarrow lasts, guaranteeing a perfect fit. All who have tried these goodswill testify to their perfection. Children's, Misses and Ladies'

FIIV JE SHOES.In this department of our business we arc "able to offer greater induce-

ments than ever before, having a larger stock and more varied assortment,embracing all the novelties in style, and everything necessary for durabilityand comfort, made direetly for us by the very best manufacturers in this coun-try. both in fit and wear, fully and positively guaranteed.

To make our stock of Ladies' Shoes fully complete, we have added

Burt's Celebrated Fine Shoes,In all styles. These goods have too broad a reputation to need com-

mendation by us. An examination of them, with the rest of our stock, willshow that we can fit all, from the broadest to the narrowest foot.

HATS ! HATS !In order to reduce our now very large stock, we will offer the cheapest line of

FINE HATSever offered in this market, comprisine the latest and most fashionable styles,in the finest material of BEAVEll FUll, minuficturcd to our order for oortrade. If you want anything in the way of a hat from the cheapest WOOLto the finest Fl'K, see our stock before buying elsewhere. We cau certainlysuit you in Quality, Style and Prire.

Acknowledging, with thanks to my customers, their liberal patronage inthe past, I can but feel assured of a larger share of their trade in the future,by an examination of '

OUR Swhich will show everything in

0 C

Satisfaction,

Boots, Shoes, Hats, &c,necessary to fill the demands of a large and extensive trade, and an examin-ation of

Our Prices,will convince all that wc

CANNOT UNDERSOLD.Very Kespectfully,

V. L. WILLIAMS.Store Koom So. '2.1, Franklin Street -- Banner across the Street In Front

November t, lS75-t- f.

j ALWAYS KEEPS ON HAND A

IcOMPLETE STOCK-(-) F

DRUGS ail& PAINTSTOILET ARTICLES,

BMK BOOKS AND STATIOHERY,Tobacco, Cigars

And he asks of both retail and wholesale purchasers to call and. examine be-

fore purchaMog elsewhere. LOct. 23, 1875-t-f.

JOB PRINTING,!OF ANY KIND,

Come to the Chronicle Office.

AS ' ARHUMBNT.

I At a criminal trial, during a recent

term of oar Criminal Court, the follow-

ing case of circumstantial evidence wassubmitted to the jury $y one of theattorneys of our bat, and wo publishtho ' same at the request of severalparties who heard tie same delivered,hoping that it may v trove interestingand profitable to all who may read it. '

: 11 'Editors. ,

- May it please the Court and. gentle-

men of the jury : The whole ' testi-

mony elicited in this cause, only establishes .a case, of; circumstantial proof.It is claimed by some, that circumstan-tial proof is of the highest import, andhas a tendency to estabjisb guilt, com-

mensurate with proof positive.- - Beforewe conclude this argument, with thepermission of . this Honorable Court,and the indulgence of this intelligentjury, we propose to show, that circumstantial proof, is only prima facie evi-

dence of guilt; and it is a rare caseindeed.'in which a prisoner should beconvicted njon such proof, if indeed aconviction should be bad at all underany circumstances. I know 'that wehave some distinguished authoritieswho allege, that circumstances 50 alongways in establishing either theguilt or the innocence of the accused.This is certainly true to some extent,but should it be accepted under anycircumstances, as proof positive beyond reasonable doubt, of the guiltof the accused. I can rot bring thetuestion. of circumstantial, proof sovividly before this .; Hon. Court andjury, in any other manner,' than by arehearsal of similar-incident- s, andsimilar trials, which have preceded usin the past; and in doing this, I pro-

pose to pass over in tearful silence andsorrowing regret, the tragic trials ofLe-Brui- Crow, Bradford and others,found in the British chronicles of cir-

cumstantial evidence; besides a longarray of American citizens-- punishedinnocently by circumstantial proof,and, the illusory .testimony r.thus ad-

duced, tending to establish' guilt uponthe party accused; and. rehearse onlyone case of mournful interest, whichtranspired in one of our skter Statesin the year 1840 ; happening too in theglare and gleam of intellectual lore.and scientific march, even in the "landof thefree, and the home of the brave,

. .e?en in. tne land of vonr Washington 8,your Lee's, your Henrys- - and yourRandolph's ; and in calling the attention of this court and jury to the aboveconvictions based upon circumstantialproof, wherein hecatombs of humanvictims were brought upon the sacra-fici- al

altar, dare we impugn the integ-

rity of the courts, and the honest con-

clusions of the juries (Tying the same?Most assuredly not, but right here, wemake the broad and emphatic declara-tion, without prejudice', partiality, orinjury to any one, that, sincerity ofpurpose, never yet proved tho correct-ness of principle ; the Husajilman inhis blind adherance, q the .tenets ofthe . Koran, is just ai. sincere as theChristian martyr;, tha tVrian, sealingbis belief in the his bloodis just as consclencious in his conYK:

tioDS of duty, as was Stephen whenbeing stoned for the faith once de-

livered to the saints. So all cannotbe right, some must be in error. Icare not how honest this court and thisjury may be in the investigation of this,or any other criminal case, if the truthis not elicited, and a verdict renderedupon misconceived data, an irreparableinjury is inflicted, not only on the partyaccused, but upon the great bodypolitic, which never can be atoned for.In canvassing the isolated case whichI propose to present to the favorableconsideration of the court and jury, Ipropose to present it iu my own way,and in my own language, never havingseen the same in print, neither do Iknow that the same was ever publish-ed, but the main fact) are true, andvouched for to me in early life, and Ibelieve them to be true in the main,and my sole object in presenting thiscase in detail, is to show most conclu-

sively the great injury inflicted uponsociety by convictions, based upon cir-

cumstantial proof alone. In the year1840, there lived in Goochland county, i

Virginia, a man by the name of Oliver,who was a bachelor, being miserly andniggardly in the extreme, owning a

small farm in the Southern portion ofthe county, and a larger one in theNorthern part, distant about ten miles;

this smaller farm he had determinedto vacate, at least temporarily, andhad, on Friday morning, December22d, sent Lis remaining servants up tothe large farm with the intention offollowing them about noon. Oliverhad 'spent the preceding night in re-

velry and debauchery; and was rich,bigoted, selfish, and relentless, havingprobably a sufficiency ofcommon sense,but swerved and swayed by an undueinfluenco of the almighty dollar.. Thehouse which he was about to vacate,was a low log bodied one, with a wide

covered passage between the two rooms,

with a eaiall window in the side ofeach room. Oliver had removed allthe furniture from this house, save afew chairs iu the west room, and anold fashioned escritoire, or writingdesk, in the east room, in which hewas in the habit of locking up his val

uables, and the night before" duringhis revelry, he had locked up in thisdesk two fifty dollar notes on the Statebank. During the excitement on Fri-

day morning incidental to moving, hehad forgotten to take out this money,

and at noon, he mounted his horse andstarted to his upper farm. He hadrode probably five or six miles beforehe thought of his money, and immedi-

ately he retraced his way with greatspeed. About the time of his turningback he had encountered a severesnow storm, but it lasted but a few

minutes, and had entirely ceased upon

Wis arrival back ; so riding up to thefront gate, he discovered the tracks of

two persons' leading up to the house,and also the same tracks returning outairain. When he arrived at the house,it took him but a moment to ascertain

the appalling fact, that his house hadrecently been broken open, and thathe had been robbed of his covetedtreasure ; he felt convinced that theparties making the tracks, were thee&tlty ones. In looking around both

i rooms, he discovered that his desk hadbeea broken open, and that a fire hadrecently been kindled in the west room,

and that the old axe lay upon thehearthstone, together with some splint-ers from the old writing desk, and thatthe same tracks led from the westroom across the wide passage, into theeast room, and then : returned, thefootprints being unmistakably imbeded in the snow which had drifted clearacross the passage. II is first and onlyimpulse was to posh forward upon thetracks of the guilty parties. ' He overtook them just as they arrived at home,and they proved to bo the sod anddaughter of his neighbor, James Deering, who lived about two miles distant.and with whom he was not on the mostfriendly' terms; he immediately, andin a rude and threatening manner.charged Jennie and Robert Deeriug,with thecrime; they, pale with affright,gave forth what the world calls posi-

tive evidence of guilt. Flow could itbe otherwise? Suddenly charge bur-

glary and theft upon any one, thoughas pure as the tints of the morning'sdewdrops, a tremor and ghastly pallorwould pervade the. features. It wasso with Jennie and Robert Deeriug ;

Oliver threatened them that if theydid not restore to him his money, andmake a full confession, they would bewaited upon the next morning withState warrant; they had no reparationto make, or at least they offered none,save protestations of innocence, coupledwith the prayers and entreaties of theirfather, and the pitiful supplications oftheir mother. The next morning they

e .arretted, and taken before thenearest magistrate for preliminary ex-

amination, when and where the abovefacts were detailed by Oliver, and oneMurphy, in behalf of the State, Mur-phy having been - requested by Oliverto go with him to the scene of outrage,and bear testimony with him in behalfof the prosecution. At the conclusionof the. testimony, the Justice informedJennie and Robert Deenng, that theyhad the privilege of making any state-

ment they chose, in extenuation of thecrime with which thf.y were charged.Jennie being the elder of the two, sub-

mitted insubstauce the following state-

ment: That she was 18 years old, andRobert was 16, that they were returning,from the nearest village on Friday,December 22d,

. where they had beenatteuding school during the week, atabout the hour of 1 o'clock ; it beingintensely cold, they had left the mainroad, and bad determined to travel aby-pa- th which led through the woode,and immediately by the aforesaid farmof Mr. Oliver; when getting oppositethe house, she suggested to Robert thopropriety of going up to the house, andwarming themselves, as they were verycold; they opened the front gate, andwalked boldly and innocently forwardto the door of the west room ; the doorto which was closed, but not locked,and after making repeated knocks soas to arouse the inmates, if any therewere, and being, unsuccessful, sheturned the hand-kno- b and the doorswung open with a harsh grating sound.She and Robert both noticed that someviolence had been done the door, butafter scanning the room, they paid nofifrther attention to this seeminglytrivial circumstance. After they hadgotten into the . room, . tbey noticedthat it had been tenanted veryrecently, for the smouldering ashenwere yet warm and glowing upouthe old fashioned hearthstone, andJennie requested Robert to go outand get some kindling with whichto start a blaze, whsn he return-ed, and reported that he could findneither wood nor axe; upon glancinginto one corner of the room, she sawdry stick of wood, though too large toignite from the fast failing embers,Robert proceeded to look about therooms for axe, hatchet, or somethingwith which to split it up; he proceed-ed at once across the passage into theEast room, and noticed that the doorsleading into this room bore marks ofviolence ; when he entered this rooma casual glauce showed him at oncethat it contained no furniture what-

ever, save the rema'm- - of what appear-ed to be an old writing desk, whichwas nothing but a heavy unwieldybox, set upon legs, with a lid, beingmade of coarse oak timber, 11 11 painted,and unvarnished, with the lid shatter-ed into a thousand fragments, withbits of paper strewn over the floor,and an old axe laying near by. Hocalled to Jennie who immediately cameinto the room, but it did not occur totheir unsophisticated minds that a.

robbery had been committed ; they re-

mained in this room but a moment, re-

turning to the West room, taking withthem the axe and some splinters of theaforesaid desk ; they soon had a cheer-

ful blaze, and after warming themselves, they resumed their journeyhomewards, where they were overtaken,by Mr. Oliver as detailed above.Further the deponent Jennie Dceringsaid not. There was nothing else ofimportance elicited at this examiningcourt; the acting justice holding themunder bond for their appearance at thenext term of the Criminal Court.They were promptly indicted at saidcourt, and placed jointly on trial inApril following. At the trial nothingfurther was developed save a littlemore definite tesmony detailed by Mr.Oliver, in behalf of the prosecution.He stated that he could not have beenabsent but a very short time, and thatno other persons seemingly bad ac-

cess to the bouse, save Jennie andRobert Deering, he further stated thathe knew that he had left the axe at thewood pile, when he left the premises,and that ho tracked Robert Deeriog tothe wood pile, and again to the house.It was further in proof, that there wasno school that day after 12 o'clock,and that Jennie and Robert had leftthe viltage soon after 12 o'clock, andthat it had commenced to snow aftertheir departure, and must have ceased00 or about the time of their arrival atOliver's. This was the substance ofall the testimony had atthis lamenta-ble trial, save the many cross questionsand answers, incident to trials of likecharacter. Now the question loomsup with startling impress, were Jennieand Robert Deering guilty as alleged in

the indictment? It must be confessed

that if a conviction be had under any

circumstances on circumstantial proof,

it would cem that the surroundings

in this case, would certainly justify a

conviction. Ia vain waa their youth,

simplicity, and social standing pleaded

in their behalf. The law knows no

favorites ; the defendants with all theirsocial clements, 8tood before the lawin the same category with others.

Were Jennie and Robert Deeringguilty as alleged in the indictment?That was the question to be settled by

that Honorable Court and jury. Thecharge was then delivered to the courtand the jury retired. After an ab-

sence of one hour they slowly and sol-

emnly filed into the court room, andafter being polled the clerk asked," Have you agreed gentlemen upon averdict ?" The response was, "we, thejury find the defendants Jennie andRobert Deering, guilty of the daplexcrime of burglary and grand larceny.as charged in the indictment, and fixthe penalty of said crime in the Stateprison at ten years each."

A wail of anguish rent the conrtroom, but where the relieir Aiaeacncourt and jury give a righteous verdict?The world at that time so regarded it,save a few sympathising friends, amongthem the distracted father, and theagonizing mother. - It is hardly necessary for me to detail to this jury themany sorrowful scenes and incidentsia connection which this trial. I will

ply appeal to your indulgence andstate again that my only object in pre-

senting this case, is to show the greatand incalculable evils resulting fromconvictions based upon circumstantialevidence.- A few words ia referenceto this iminadiate family wherein Jen-ui- e

and Robert Deering were innocent,and we will close the argument. J en-ni- e.

Deering, frail and sensitive as aspring flower, conscious of innocenceand purity of soul, bent to the pressureof excitement and public condemna-tion, like the sleuder reed to the gath-

ering tempest, refused to be incarcer-ated In a felon's dungeon. Was sherefractory?. No: Man's erring judg-

ment could immolate her delicate formapon the altar of the misguided be-

hests of criminal law, but her spirit,pare as an angel's and spotless as therainbow tints of a summer's cloud,refused further indignity.. She sunkto rest, and her bright, beautiful spiritws Claimed amoog the "just made"perfect" " beyond the sunset's radiantglow :" and were it possible for thespirit to look back wsaa the mishapsand misdoings of ira'd, " fallible hu-

manity,' no doubt hers vo.i reach outfrom the Paradise of God, a4 aid er-

ring mortals to aseen d tho lad-

der that reaches from earth to X&aceo,

guide them in the paths 'of truth adrighteousness, and wave the torch thatdispels the gloom and reveals the beau-

tiful picture of the resurrected. It is

not my province, gentlemen of the jury,to paint a picture, but rather to presentthe many evils resulting from a strictadherence by our Criminal Courts tocircumstantial proof, in all of iti glaringand hideous deformities, warped; andtwisted, and perverted in a great- - majority of eases by malice, hatred andrevenge, or a misguided zeal in endeav-oring to maintain and uphold the crim-

inal jurisprudence of our coantry.Ask his Honor Judge how manyrighteous convictions, based upon cir-

cumstantial proof, would it require tocounteract or atone for one convictionof like proof, where the party or par-

ties charged were innocent?, HisHonor, nor any other mortal being,has the rightto fix the number. Thecase which wc hare under considera-

tion to-d- ay is similar in all of its aspects to that of Jennie and itobert"Deering, the whole of it being main-

tained up to this point on circum-stances alone. "In the mouth of two

or three witnesses shall every thing beestablished." How established ? Bycircumstantial proof showing that theguilty parties may be other then thosebefore the court? You will natural-ly ask when should circumstantialproof convict? We answer never,never, never, when it is possible forother parties to have committed thedeed, other than those arraigsed be-

fore the court. You may, as publicconservators of the peaee and well be-

ing of society, admonish as that before

us lies a world within whose recepta-

cle is a lazar house of wiekedness,and within whose most secret cham-

bers is a vast charnel house of moraldepravity and infamous corruption, tocleanse and purify which requires theearnest and persevering efforts of ourCrimiu il lVorw and jurie. True.itapear-- t tk it ih s fire of hell are ar-

rayed in oiiHMilid phalanx to turn backthe tide t' a Bible civilization, andevery good man should buckle on hi

arraj, and march with unfalteringstept to the front. In this contest formoral and intellectual supremacy, in-

tegrity of heart and honesty of pur-

pose should be the watchword, and inprosecuting the criminal, spare the in-

nocent. If this were a civil action,founded upon contract, a mistake inyour verdict could be rectified, but anerror made in a criminal prosecutionis past redemption. It was so withJennie and Robert Deering; theyplead "not guilty," and the reveal-men- ts

made at the end of eighteenmonths convinced a skeptic and obdu-

rate world that that plea was true tothe letter. Mrs. Deering snd Jenniesank under the weight of accumulatedwrong, and passed to a higher lifewhere there is no crime, nocriminals,and no criminal courts. James Deering,the father, wandered a helpless imbe-

cile, repeating like Jacob, " me haveye bereaved of my children ; Jennieis not, and Robert is not, all thesethings are against me." Robert servednearly eighteen months in the Stateprison before he was released, andwent forth into the world with thememories of his early youth clusteringaround the fragments of his crushedand bleeding heart Do I cite this la-

mentable case, gentlemen of the jury,with a view to excite your sympathies,to persuade you to condone crime,and thas throw your protecting aegis

over the criminals of our couutry?No; far be it from me to palliate, or in

any wise to extenuate the conduct of i

the transgressor, but my voice will al-

ways be heard in the defence of tfie

guiltless and of him who is chargedwith cringe, when another may be thetrue culprit.

We propose now detailing the factsculminating in the entire innocence ofJennie and Robert Deering of thecrime with which they were convicted,and for which .Robert Deering wasnow undergoing punishment ia the

State prisoal Long anterior to thotime at which this lamentable trial oc--

eured, there wandered from the BlueRidge to the Chespeak Bay a strangeand mysterious specimen of humanity,known as old " Dakka." Whether hisname had any relevancy to the evilspirits known a"Diakka," the writerknows not, but it is evident that hishistor? was a stran.ee one. at least ifignorance - touching a maa's birth,parentage and avocation can be calleda history. At the time of which wespeak, old Dakka could not have beenless thaa one hundred years old, andin height about six feet, ten or eleveninches, very spare and bony, notweighing over one hundred and fortypounds, what we usually denominate

skin and bones," would fitly apply toold Dakka. That venerable gentleman, "the oldest inhabitant," coulddistinctly remember old Dakka's sudden and meteor like visits sixty yearsantecedent to, this, and ha carried withhim the same peculiarity of mannersthen ae he did at the time of which we

speak. No man haJ ever seen himeat, no man had ever seen him drink,no one had ever seen him langh, andno one had ever seen him weep. ' 'Tistrue, sometimes he would call at a farmhouse and ask for a morsel to eat, butnot eating until he went forth into thedeep and silent woods. A straw rickwas his couch in winter, and the bareheath a pillow in summer. When hisname was called at the fire side, child-

ren would cluster closer around theirmothers and speak in whispers, whilethe negroes would tell of seeing manya ghostly and weird-lik- e phantom. So

far as human scrutiny goes, old Dakka,up to this time, had never done anyone any.hrtria. If he was evil dis-

posed, he had kept his evil counsels tohimself. Refusiog utterly and at alltimes to hold personal conversationwith any oae, it was impossible to di-

vine his thoughts, whether good orbad. From the date of the trial ofJennie and Robert Deering until Oc-

tober 1842, no one had set foot in theOliver house ; in fact he had nailed itup securely 00 the evening of the rob-

bery, and from indications, no one haddisturbed the quietude of the placeuntil he sent workmen there in Oct.1842, to prepare the honse for his fu-

ture home. In tearing away the oldstiarway, underneath which wasa dark,strange closet there sat the corpse ofold Dakka revealed, sitting bolt up-

right on an empty keg, with his headrery slightly inclined backward andrearing against the stairway, with hisknees touching the closet door, withthe two fty dollar notes firmly grippedin boti jfcands.' Here be had sat un-

disturbed Md undl'turbing for twoyears, while the outer world was wreak-

ing its vengance .upon innocence andpurity! Several questions might beasked touching bjj j ogress into thehouse and his failure Xo make egresstherefrom. To all of said questionswe( have only to say, Ithat old Dakkamust have been watchiag (Oliver's

movements when he left the premises,

and went immediately into the house,taking the axe with him, breakingopen the chest, purloining the money,and upon the approach of Jennie andRobert Deering, he had slippei intothe little closet and pulling the doorto, it fastened with a spring lock, sothat he was unable to force the fasten-

ings, snd thus free himself, being afraidto make his presence known evenwhen Oliver and Murphy had visitedthe premises, and thinking no doubtthat he would be able at an early hourto wrench the door from its fasteningsin due time, and thus free himself fromhis dark and isolaled death cell.Again, it may be that death creptupon him quietly and gradually, likeit very frequently docs upon age andinfirmity ; or it may be that the swift-winge- d

messenger of retribution was

sent upon him suddenly.as a penaltyfor his evil deeds. These surmisesare only matters of conjecture and canonly h solved in the Great Hereafter.

The unveiling of the statue ofStonewall Jackson, in Richmond, pro-

duced this masterly tribute from theNew York Tribune, to ths heroism ofthe dead soldier of the confederacy ;

We have now so far passed out fromunder the influence of the passionsengendered by the war that we mayalmost consider its figures and eventswith the impartiality of history. Onboth sides we are coming to separatethe men of that stormy time from theevents which brought them forth andset them in so strong a light, and weare growing into juster judgments andclearer apprehensions of their realcharacter. We of the North can not.only look calmly on while Virginia andthe South eulogize the heroes whogrew great to our discomfiture, but wecan unite with them in paying thetribute of our admiration to the ruggedvirtues, the obstinate sincerity, themanly faith, the courageous self-deni-

which are perpetuated in the monu-mental bronze unveiled at Richmondyesterday. His deeds and his sacrifi-

ces are in a special sense the heritageof the men with whom and for whomhe fought, but in a larger sense his ex-

ample as a man of sineerity, constancysnd fidelity to his honest convictions,is the worlds,' and will be rememberedwhen the canse he fought for is for-

gotten.

IOOIH A5D SAJfKET.

The Cincinnati Gazette accounts

for the success f these remarkableevangelists in this way:

Moody's style is that which suits thepeople, and hence the masses erowd tohear him. Though an unlearned man,he has broken down prejudice whichmet him at the outset, and compelledthe' admiration of scholars, divinesand critics. He is now the subject ofeditorial comment in the secular papersof New York every day.and as a gene-ral thing he is favorably noticed. Asall the papers are giving him attention,so the eiple talk about him, while,like the Herald, hnndredsacknoledgetheir inability to discover the specialattractions, but "the common peoplehear him gladly.

The Boston Pilot thinks that if menand newippers did not let girls knowwhat bad is they would not do bad-Yes- ;

one morning Adam brought inthe Chicago Times with its story of theboy who stole apples, and Eve imme-diately went out and eat the pippin.

Indian corn in North Germany oftenassumes a place among the householdplants. It is regarded there ss tropical.In' our country it becomes tropicalonly under the name of Bourbon, audthon it warms a man up so that hefeels ss if he were under the tropic ofCapricorn.

GEOEGU XUtiUETS. .

A Gold Field Discover Sear Atlanta.

Pronoaaced the Eh heat la the United. States.

Atlanta Herald, Oct. 3S.

The streets of our city yesterdaywere alive with rumors of the discov-ery ofgold in immense and inexhaust-abl- e

quantities near the neighboringtown of Decatur.

A Herald reporter in eager pursuitof an item which had such a "shine"in it met Squire Tuggle, an intelligentcitizen of lie Kalb, who gave us someinformation in regard to the new Bo- -'

nsoza. He says the land on which themine has been discovered beloegs toMr. P. M. Rickett, and is situated"about

MX MIL13 TROX ATLANTA,on the Flat Shoal in PanthcrsvilleDistrict, near the mill owned by Mr.Pitts and Mrs: .White; It is two milesfrom Mr. Taggleaand near the placesof Mr. F$iaand Messrs. John andSam McWilliams..

Mr. Tugjle stateJthat the minewas undoubtedly a rich one, that oreto the value of over six hundred dol-

lars to the tea had been found "lyingaround loose," and that it had beenleased to a Mr. Bullock for twentyyears.

A later hour found this reporter inconversation with the real lessee. Col.Albert U. Moore, who ia a very intel-ligent manner gave some further andvery interesting details ia regard tothis

raXXXSK GOLD FILLCol. Moors is a practical miner.

He is conversant with the differentmines and mining operations of theUnited States. In New York he waseugagedas a metallurgist, aad cameio contact with the precious metals iaevery form and combination, and withthe different soils and rocks in whichgold is found. He is the owner of thewell-know- n Battle Branch void mine,in Lumpkin county, so named becausethe slender and threadlike branchflowing through the section where theyellow treasure lay hidden, was thescene of many a bloody fight betweenparties of Georgia as, TeoaeMceansaad North Carolinians, who were con-

tending for the possession. Io thelast fight, the Georgians and Tennes-scean- s

were the billigeraots, and theGeorgians earne off victorious. Fromthis mine CoL Moors says he has made

ovsb rmr thocsasp dollar-- ,clear of all expenses, since last March,and he avers that this Dehlalb mine isfar richer than that oae.

While it is true that the BattleBranch mine has yielded at the rate oftea thousand dollars a ton, this is onlyin the pockets across which the minerswould come. In other places the yieldwould be very small, or perhaps eothing, making the. average yield aboctten dollars a toa. This is aa excellentyield. One dollar a too is sufficient tocoverall expenses of mining and mill-ing, and ten dollars leaves a good mar-gin of profit. But ia the DcKalbmine, the yield, he is confident, f romseveral experiments very carefullymade, eannot be less than

8EVISTY-ri- V DOLLARS A TOX,

by the simple process of mashing, andwashing out in a pan the plan of theearlyfgulch miners ia California twoounces of ora from this mine haveyielded a grain of gold; and in thiserude method over half the pure meta lis lost.

The first discoyercr of ti?s Ortntwas the owner of the la nd , M r. Uw ke U.With, that uncertainty or timidity offeeling which is the result of a naturalincredulity in regard to big storiesabout gold discoveries, in these dayswhen the professed discovery fre-quently results in "vanity and vexa-

tion of spirit," Mr. Rickett failed towork the mine himself, but invitedCol. Moore to examine it. The lattergentleman, as a result of this investi-gation, has leased the mine for twentyyears, paying 31 r. Rickett one tnth t'the profits. Even this tenth, if ap-

pearances are verified, will make thefortunate owner of this valuableland a very wealthy man in less thanhalf of the twenty years. 'And as toCol. Moore, granting that his mostcautious expectations are realized, theamount of

SUINI3IO GOLD PIICK4

that will be piled about him in a de-

cade, would be enough to girdle bishoue with a golden wall: enough ointoxicate the brain and dazzbt thevision of even a Jones, a Flood, or anO'Brien.

Without the slightest hesitation.and after the most sobe and rigidexamination of the locality and thoore. Col. Moore pronounces thisGeorgia mine incomparably the rich-

est in the United States, or so far asdiscovered, in North America.

The locality where this precious Ue-no-

is found is a stretch of dark.slaty land, lying partly in timber andoartlv in the open uell. ine veinseems very deep and rich, croppingout very freely on the surface, running from base to biseor a bill, wnicnis not a quarter of a mile from a fullsupply of water, affording ready audample facilities for quick aud profita-ble working.

('ol. Moore hav a little mill, corntq:of Clhoanstreet jjqd Railroad avenue,to which he is hauling ore ; and fromthis he expects at least oue hundreddollars a day. He has ordered

A TWELVE STAMP MILL,

which Mr. Withers, of Atlanta, isretting up. It will be at wore in tendays.

The Silver Eesumptloa Scheme.Notwithstandicg the acknowleed

improbability that silver coin can bekept in circulation in this countrywhile gold is above H)8, preparationsare being made to try the experiment.

The act of Jan. 14, 187"i, to providethe resumption of specie payments,authorizes and requires the Secretaryof the Treasury, as rapidly as npacti-eabl- e,

to be caused to be coined at themints of the United States silver coinsof the denominations of 10, 25 and 5"cents, and to them in redemptionof an equal number and amount off ractional currency of similar denomi-nations. Dr. Linderman, Director ofthe Mint Bureau, is now engaged inperfecting measures for the coinage ofsuch pieces to enable the Secretary tocarry out the law.

The total amount of fractional cur-rency shown by books of the TreasuryDepurtment to be now ia circulation is$W,7s3.i7i, and it is estimated of thisamount over 12,(XM.)0 is in ten-ce-

notes. $l.."iiNI,WXl, in fifteen cent notes,f2.iJH0, in five-re- ut notes, tlM,(alii in twenty-fiv- e cent notes, and 115,UUO.UiMj ia fifty cent notes. Hence itwill require 120,0UU,0U dimes to retirethe fractional currency notes of thatdenomination, and with the presentoperations of the uinU two years willbe required to coin them alone, unlessthe coinage of all other pieces be sus-

pended, aud the whole force assignedto work upon them. Forty milliontwenty-fiv- e cent pieces will be requiredto replace the twenfy-five-ee- notes,and :l.tMK),0J0 half dollars to replacethe fifty cent notes.

A pretty yonng lady lawyer of Chi-

cago always declines divorce cava.Her argument on that score is shortand sweet, viz: Every woman who ac-

cepts a hasbmd should forever there-alte- r

during life, ba compelled to livewith him, whether ugly, shabby, good,bad or indifferent.

Joe Jefferson's gift of $.VW to amonument to Irving is a worthy act ofgratitude to a man whoso legend hasenriched the stage. Joe has only made$D00,0UO out of Irving s idea.