The times and democrat. (Orangeburg, S.C.) 1881-current, September 12, 1911, Page PAGE FOUR, Image 4

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COURT PROCEEDINGS UEYS ATH-1 "COLE ARSON CASE BEGINS TO-DAY. Two Blind Tigers Plead Guilty and Are Fined.?Several Other Cases Tried by Court. The first case called in the Court ?of General Sessions here yesterday was that cf A. M. Stokes, of this city, chared with violating the li quor law. It will be remembered that some months ago Stokes was convicted a id fined $150 by the City Court. In mswer to the charge yes terday moriing the defendant plead ed guilty, ind his counsel, Hon. T. IF. Brantlej, called the Court's atten tion to the fact that he had already been fined race, etc. Judge DiVore then asked Stokes if he didnt knew when selling li quor that ie violated the law, and upon receiving an afflmative reply, ?aid that it was always his custom to fine a mai. convicted of selling li quor enoitj h to eat up his profits, and therefore he fined him $500, er elx months in the penitentiary . The case agali st his brother , Hamp Stokes, war. nol prossed. After seme little discussion the Court chan jed the amount of Stokes' fine to $250 with the understanding he that if He was again convicted he would n?t )e allowed to pay out, but would be sent to the penitentiary or county vorks for not less than a year. I Ve-dict "Not Guilty. C. H. Dannelly, a colored barber of this city, was next tried charged with malic: ously, wilfully and unlaw fully driving a horse to death. The horse was the property of L?ngston Bros., of .his city. The prosecution . charged that Dannerly had' driven the horse from Orangeburg to St. Matthews, a distance of 14 miles, in less than one hour. The defendant, however, stated that he lejft Orange burg about 10 o'clock and reached St. Matthews some time after 12. After Solicitor Hildebrand's talk to the jury, Judge, DeVore cautioned them that the State must prove every one of tte three adjectives: mali ciously, wilfully and unlawfully; and if either of them were unproved .the defendant was not guilty. The ver dict given aften nearly a half-hours deliberation was "not guilty. Another Blind Tiger. W. S. lee. Jr., plead guilty to the charge of violating the liquor law. On accour t of this being his first ap jpearance i l Court Judge DeVore gave him tbe slightest punishment under the law, $ 100 or three months. Next time it wi .1 be harder sentence. Leys, ith-Poole Case Today. The case of The State against the two Lewsath and two Poole boys, charged v ith burning up their store In North was not called yesterday. The State has been seeking a witness who bad left this part of the coun try and d d not wish to try the case without lim. He was telegraphed early yesterday and advices that af ternoon Bidd that the sheriff of Rock Hill count y had his eyes on him, and then the State announced that the case would be called the first thing this mom ing. The cine is considered a very im portant o ie, and it is said that the Insurance Commission at Columbia is pushlti: it The line of attorneys engaged li impressive. For the de fence there are Messrs. Wolfe and Berry, Rt.yffcr and Summers, Adam H. Moss, B. B. Friday of North, and J. F. Wlllliams of Alken. Assisting Solicitor Hildebrand are Messrs. C. P. Brunsen and A. J. Hydrick. The case will very probably last several days, ? j \j jj " Other Cases Tried. ?*' ;?:; The ot ier cases tried during this term cf <ourt so far are as follows: John Westley Summers pleaded guilty to housebreaking and grand larceny and was sentenced to serve! five year? on the county chaingang' or a Hkf period in the State peni tentiary. Willie Weeks, a negro, was tried for shooing at the depot agent at Ferguson. He was found guilty and sentenced to serve 18 months on the public works of Orangeburg county.' Edward Felder pleaded guilty to assault ;.nd battery with intent to kill, and has askel the mercy of the court. He has not been sentenced. Romec Gardner was tried and con victed for the murder of another ne gro. Gardner kill the negro with a baseball bat. He was found guilty and senced to life imprisonment. COLLEGE DANCE. To Be (liven at the Elks Hall On Friday Evening. Invitations have been issued by Eutaw Chapter, D. A. R., to the sec ond "Cclege Dance," which is to be given at the Riks Hall on Friday, the evening of the fifteenth. This will be the farewell dance to the many oc liege students who are soon to leavo the city for their various colleges and will be an event long to be remembered. Pennants and other reminders of college life will form a ,arge part in the decorations. A number of visitors from nearby towns are expected to attend. The committee in charge are: Mrs. John C :rt, Mrs. W. K. Sease, Mrs. T. A. Jeffords, 'Mrs. M. G Salley, and Miss Kittle Salley Ice Cream Festival. Therj will be an ice cream festi val given on the lawn in front of Mr. H. R. Jameson's house for the benefit of St. George Church, on next Satur day afternoon September, the 16th, beginning at four o'clock. We want this to be one of the largest festivals given !n that community this sum mer. : t is a good cause and a large crowd is desired. Everybody come, and vu will assure you a pleasant time and plenty of cream. W. FOUND HIM GUILTY. Chestnut Is Sent Up For a Fifteen Year Term. Robert Chestnut, who shot and killed W?ill R. Sabin on the 25th of last April, was sentenced on Satur day by Judge DeVore to fifteen years in the penitentiary or the same length of time on the public works of Orangeburg County, the jury which tried his case having brought, in a verdict of guilty of manslaughter, after deliberating over the case one whole night. The case was given the jury about four o'clock on Friday afternoon and the verdict was returned a few minutes after seven j o'clock Saturday morning. .Chestnut shows plainly the effects j of his imprisonment and'the terrible I ordeal throuigh which he had passed. When asked if he had anything to say, his counsel, who had striven to [ satisfy the jury of his innocence, pleaded earnestly and eloquently for I leniency from the court in passing sentence. With voices at times ef fected by the emotion,4 which was evl ! dent, '.Messrs. Adam H." Moss, William C. Wolfe and Thomas M. Raysor j drew attention to the many of the phases of the case favorable to defendant and laid much stress upon his good character as testified to by a number of witnesses, begging that I the Court would take these into con sideration in making the sentence as light as possible. The counsel for defence also took I occasion to thank Judge DeVore for his uniform impartiality throughout ! the trial and the learned manner in which he expounded the law from the Bench, stating that he had been just to the State and fair tri the de fendant. They asked for a sentence that would vindicate the lair, calling atention to the fact that anything like a long term might mean a life sentence to the convicted man, who is now 38 years of age. After giv ing careful attention to the remarks of counsel for the prisoner, Judge DeVore stated, addressing the defen dant, that since the verdict was ren dered he had been greatly concerned over the amount of punishiaent that should be meted out in thiB case. The Judge went on to say to the prisoner that an intelligent jury, af ter considering the law anJ the evi dence for about ten hours had failed to recommend him to the mercy of the Court, as they were told in the charge they might do. The Court fur ther declared that in Its opinion the verdict was a just one; in fact Judge DeVore stated that he felt; satisfied that a verdict of murder, under the testimony would have stood the test of the Courts. Without attempting to lecture the prisoner or make his burden any heavier, Judge DeVore reviewed some of the testimony, par ticularly that of the defendant, which the Court declared, in its opoinion, was sufficient to convict of either murder or manslaughter, with the elimination of the evidence given by every other witness in the case. Continuing Judge DeVore said the testimony of the defendant show ed that he deliberately got his gun, went to his victim's place of business and without sufficient provocation, so far as the testimony shows, took the life of William R. Sabin. Judge De Vore reiterated his opinion that, taking out all the testimony in the case except that of the defendant, the jury was bound to convict of eith er manslaughter or murder. In fi nally passing the sentence of fifteen years Judge DeVore did not leave the prisoner hopeless, for he stated, that, after a portion of the sentence has been served, how much he did not say, however, he would, if still alive and circumstances prompted him, join in a petition for a pardon. Both the verdict and the sentence meets with general approval. Mr. L. H. Wannamaker, Jr., who report ed the trial for his paper, The News and Courier says, "that the length of the sentence' surprised the prisoner, his counsel and many spectators was evident, although none was heard to say that he Court had not in this case tempered justice with mercy. The verdict seems to have given gen eral satisfaction, the popular opinion being that the prisoner had fared ex ceedingly well. This would seem to be the case when it is considered that on the first ballot at least seven of the jurors voted for a verdict of murder with recommendation to mercy, finaly compromising on one of straight manslaughter." Chestnut's sole defence was that the man he slew had invaded his home, wronged his wife and destroy ed his peace, and happiness for all time. Commenting on this Mr. Wan namaker says: "These things are cbarged by the defendant against his victim, who now sleeping in his Ten nessee grave, his lips forever silent, can make no answer in his own de fence except the last message to the world, given through his brother as he fe't'the death damp gathering on his brow, that he was innocent; that he 1-new nothing of the woman he was accused of wronging and that he was ignorant of the whole affair. What of the woman who many blame for the sorrow that has come to two households? What would she have said had she been placed upon the witness stand? Such can only be guessed at and it is improbable that what is in her heart and mind con cerning this deplorable affair will ever be known to others." Tried Hard to Save him. Chestnut's able counsel tried hard to save him, countesting every inch. The murder was committed just be fore the convening of the May term of the criminal court. The Orange burg correspondent of The State says: "The case was forced to trial. Determined not to enter into trial at that time the brilliant array of coun sel employed to defend Chestnut challenged the entire venire of jury men. As a result of the examination of the jury commissioners as to how they drew the jury, Judge Prince de lcared that it was emproperly drawn and was Illegal. Court was broken up." The postponement did not save Chestnut as the sequel shows. GOOD ROADS TRAIN WILL BE AT SOUTHERN DEPOT WEDNESDAY. For Half a Day the Good Roads Spec ? ial Which is Touring South Caro lina WiU Stop in This City. Wherever it has been seen, the Southern Railway's special "Road Improvement Train," which will be in Orangeburg on Wednesday morn ing, September 20, at half-past nine o'clock, has proven an effective advo cate of better highways and much good has resulted from its tour I which has been in progress since May fi. The government road Experts, L. E. Boykin and H. S. Fairbanks, who accompany the train, have had wide experience and are prepared to not oi-ly tell of the advantages of good I roads but to give the most practical i information as to the best and most j economical methods to be used in the j construction and repair of roads in order to accomplish the best results with the materials at hand. 1 There will be much of interest for ?the people of Orangeburg in the lec tures and novel exhibit, and it is hoped that a large crowd will be on hand to welcome the train. It is es pecially desired that all road super visors, county officials and farmers who have to deal with road work on their plantations, take advantage of the meeting as many suggestions will be given which will doubtless prove of value to them in the building and maintenance of roads. Stereoptican views covering every phase of the good roads movement will be flashed upon the screen in the lecture coach as the experts talk, and all the advantages of good roads as well as the disadvantages of bad ones, wil be pointed out. There is a striking view showing how bad road led to the death of a patient whom the doctor was unable to reach because his buggy was caught in a bad rut;; how the undertakers' wagons were delayed on the way to cemeteries for the same reason; and other views show trying experiences of automobilists. A view appealing especially to the farmers and all interested in. the cot ton industry is the one showing two loads of cotton. One came to mar ket over a bad road and the load nec essarily was light while the other came over a smooth improved road and carried three or four times the load of the other team, the difference in the weights of the two loads show ing the profits and losses that come from good and bad roads. In the exhibit coach, which will be thrown open after lectures, there are enlarged photographs, showing some of the finest roads in the world, including the well nigh perfect roads of France, workin models which will be seen in operation and sections of various kinds of road showing mater ials used to construct them. The far mer who has ibeen at a loss how to improve his road can find out all about it by attending the exhibit. The "Road Improvement Train" is making a remarkable tour in the in terests of good roads, having already toured Alabama, Mississippi, Ten nessee, North 'Carolina and Virginia. After finishing its work in South Carolina, the train will tour Georgia and Florida. Realizing the vast economic im portance of the movement and acting in the belief that whatever.benefits the ;.tx>ple of the South is to Its own interests, ?be Southern Railway and affiliated lines is handling this train over its entire system without charge to the government sa that the people along the roal may have the oppor tunity to receive the valuable infor mation on road tuildlng which it af fords. President Finley of the South ern Railway is an ardent advocate of good roads, and the Southern Rail way is doing everything posible to spread the i?ea. The train will be located while In this city on a side track at the South ern depot on Railroad avenue. Be sure and see it. You vill be inter ested. D^n't forget the date. Wed nesday, September 20, at half-past nine o'clock. STOLE HORSE AND BUGGY. Negro Claiming to Be an Agent Has Made His Escape. Last Friday morning about 9 or 10 o'clock a negro, who said he was agent for fruits, medicines, etc., came to the house of Moses Hair, a colored blacksmith, on Windsor street and asked to borrow Hair's buggy to delived a package on the State road. Hair lent the horse and buggy, and also $G. The stranger's name was not caught by Hair. He was six feet high, dark skinned and wore a suit of navy blue. Wore a large rimed hat and a masonic pin. Further on in the adventures of the stranger for the day he borrowed $7 from W. R. Bradley a colored farmer living- about two or three miles from town. Since that time neither money, horse or man has been seen. The stolen pony was gray, shodded all round and glassy eyed. 'Xo doubt when the stranger discovers his mistake in leaving without a farewell, he won't bother to come back, but we warrant that it will be hot for him if he does. Bazaar at Magnolia. There will be a bazaar given at 'Magnolia school house Friday eve ning, Sept. 15, from 7:30 to 11:30 o'clock. The ladies have prepared one log cabin quilt, one linen quilt, linen bureau scarfs, table covers, cen terpieces, and various other articles. Ice cream, cake and oysters will be served, proceeds to go toward paint ing Pleasant Baptist Chrcu. Every body is cordialy invited to come. nt', K. OF P. BANQUET. Bowman Lodge Enjoys Fine Meet ing. Other News. Bowman, S. C. Sept.,8." Special The local K. of P. order gave a splen did banquet at the close of their reg ular meeting last Wednesday even ing. A number of guests were in vited, the "drawing card" being an address by Dr. Browning, Dist. Grand Deputy, Elloree/who came ov er with Mr. Jeff D. Gates, of Elloree, in the latters auto. Past Chancellor C. J. Rast was master of ceremonies and did his part exceedingly well to th gratification of all present. Dr. Browning address vas followed by short speeches from Rev. Mr. Henry, S. A. Fair, Jeff D. Gates and Charlie J. Rast, which were closely listened to and well received. After the speakinig, the audience was invited to feast on the numerous good things prepared by the ladies In the spacious hall on the second floor of the large three story building, an ornament to the town of Bowman. The good la dies, with the pretty girls in atten dance, vied with each other in see ing all the guests well cared for. All of which was done to perfection. Coton picking has been badly ham pered by the light and heavy showers of almost the entire week, very lit tle of the staple being gathered. The quality of the lint has been badly damaged and samples show up poor ly, no good grades being offered on the market. Much of it has sprout ed in the bolls and if not closely watched damaged seed will be saved for planting the next crop. There will be a scurrying around in the cot ton, fields as soon as weather condi tions improve. 'Many fields indicate more than half the crop open" and ready for picking. Mr. J. L. Shuler and family are at home again after a stay of some days in the mountains of Tennessee. Mrs. Meyers and children of Sum merville are on a visit to her sister, Mrs. E. N. Mittle, and other relatives in town. Mr. W. J. Whetsell and family who moved from near Orangeburg to Bowman last winter left here to en gage in business at Kingstree. Dr. D. E. Connor has sold out ihs interests at Bowman and has moved to Chapin in the Dutch fork, where he will engage in professional busi ness in this new field. 'All streams in this section are again running with water and ponds here and there are beginning to show up water too, at the delight of the many stock owners in this section. Miss Ellen Smith, of Charleston, is on a visit to her parents here, Mr. and Mrs. L. J. Smith. Mr. J. Clifton Evans has been on the sick list for a week or more and the Bowman train of which he is the regular engineer has been making very irregular schedules, necessitat ing the R. F D. boys leaving the Post Once without the mail. Messrs. Irvin Evans and Harry Wimberly of the Cameron section visited relatives at Bowman Thurs day. Mr. Earnest Jackson, who has been ill -for a long time died about 11 o'clock last night. He is survived by his wife and one child, Mrs. E. N. Mittle,' Mrs Sue Meyer, of Summer ville and his father, J. F. Jackson. The funeral notice has not yet been giv?n out. Dundee. HELPFUL SUGGESTIONS. A Few Ideas Expressed Concerning Our Court-House. During the past week or so there have been two cases which have at tracted more than passing interest in our County. The Chestnut mur der case and the Leysath-Poole ar son case both attracted crowds and consequently the Court-House was oppressively hot Remarking upon this we have heard several citizens say that if ventilators were placed near the top of the Court-room it would be much cooler, besides pur ifying the air that all who attend court have to breathe. Many time during the progress of the trials the witnesr.es could scarce ly be seen at all, and several times they were only heard by those near by and they with difficulty. The people outside the bar heard what was going on only with an effort. In this connection we have heard sev eral say that they believed if the witnesses was seated on a slightly raised platform he fould be seen bet ter and heard more clearly. In connection with the two other expressions above we have one. Prob ably the Chestnut trial was the first one during which the representatives of the Press had an especial desk for themselves. This was used t ythem continually during; the trial and as a resul of which full, interesting re ports of the trial were had. Now, in view of the fact that a great num ber of people depend entirely upon the press?especially the county press?for their news cencerning court, we believe it would be a good idea to make this a pr-rmanent thing. The press folks we are sure would appreciate being able to hear the case and take their notes in comfort, and the readers of the paper would enjoy the fuller and more accurate reports that they wouid then give. Negro Shoots a Negro. The St. Matthews correspondent ofc The News and Courier says: "The peace and quietude of this town was rudely disturbed Saturday night at 9.30 o'clock by five pistol shots in rapid succession. Three physicians were rushed to "Ruyck's Quarter," to find that Olin Hampton had been shot in the thigh by George Taylor, both colored. The femoral bone was fractured by the bullet. Taylor, it is said, had brutally clubbed Hampton's wife, his former paramour, in the morning, and when Hampton later remonstrated with him Taylor whipp ed out his pistol and began firing. Taylor is of violent temper and a dan gerous character, having been in several cutting aud shooting scrapes." LOCAL NEWS ITEMS PICKED UP ALL OVER TOWN BY OUR REPORTERS. What Is Happening Here and There. Local Items of Personal Interest to i Our Readers. Miss Mary Long at Theator this week. Every registered voter sho.tM vote today. See Buster Crane ,all th^s week at the Theato. Vote early, but only onrc, and then see that your neighbor votes. It is said that- when the wicked rule the people mourn. So do not vote for any wicked man today. . Cfaine-Long-Craine Vaudeville at Theato- all this week. This a good company and all should see tl.cm. They do say that if a certain fac tion is successful that there will be a clean sweep in all the city offices. The Orange Cotton Mills will soon install some new and up-to-date ma chinery to replace some that is now antiquated. ?Lay aside ydir prejudices and vote for the men that will best represent the character, progress and interest of your city. Yesterday morning Jeff L. ?she, a candidate for Mayor, retired from the race. This came as a surprise to his friends. The verdict in the Chestnut case seems to give universal satisfaction. The only comment we have heard on the matter Is that dhestnut got off light. Five paroles and two commuta tions of sentence were Saturday add ed by the Secretary of State to the list of convicts who have been turn ed loose by Governor Blease. There will be an ice cream fes tival at Gerizlm Church near Vance Thursday evening, Sept. 14. Com mencing at six o'clock. Everybody invited. The proceeds will be used for the cemetery. Messrs. SIfley and Frlth'e hand some building on Russell street was thrown open and was the scene of a most unique enterta'r-mrnt, In which a number of ladles and entlemen par ticlpnted. Many joined in the dance and hundreds present listened to the music, which was furnished by the Orangeburg Military Band. Mr. J. J. Sharp, one of the trus tees of School District No. 82, gives a very encouraging report of that schcol. They have added a much needed and nicely finished apart ment. School opens in a few weeks with Miss Pauline Bennett, of Oiler, S. C, as teacher. There are about fifty scholars in attendance. Before the verdict In the Chestnut case was announced, it was reported that one of the jurors was under fi nantial obligations to one of the law yers for the defence and that Chest nut owed another juror several hun dred dollars. If this was true, it did not affect the action of the jury, as at no time was there any hint of acquittal. Like honest men, they did their duty as they saw it, regardless of personal considerations. TAKE YOUR CHOICE. Names From Which to Select Your Municipal Ticket. The candidates for Mayor and Ald erman whose names appear below are soliciting the votes of the readers of The Times and Democrat for the respective offices for which they are running, and we hope they will get them. For Mayor. W. W. Wannamaker. O. K. Wilson. 1 For Aldermen. D. H. Marchant. Lawrence E. Riley. Thos. A. Falrey. Julian A. Salley. Ablal Lathrop. ; Wallace W. Crum. Robert F. Bryant. J. X. Weeks. W. G. Smith. John W. Josey. A good Mayor and six good alder men can be picked from the list nam ed above, and we hope the next May or, and Aldermen will be elected from it. NEGRO KILLED AT XORWAY. Marion Evans Shoots Charley Mil nous .Alter a Game. Word was brought to this city yes terday of the killing of Charley Mil hous by Marion Evans, both negroes. The tragedy occurred near Norway. It seems that a crowd of negroes gambled all Saturday night and that Sunday morning the two above nam ec- got in a difficulty about a deck of cards. As a result of which diffi culty was shot in the arm and he then crawled under the house. When Evans started to leave the house he was followed by 'Millions. Evans turned around and told Mil lions not to follow, but this did not stoj) the follower, and Evans shot, killing Milhous instantly. All of the participants were fined $r?0.00 in Norway for gambling, thus swelling the treasury of that town considerably. Evans was brought to this city yesterday morning and it is said that he Is a brother to the negro that was lynched some years ago for the killing of Mr. Phillips. Iliunage Sale. Paul McMichael Chapter, U. D. C. will have a rummage sale at Young America Hall on Friday and Satur day, the 15th and 16th. Be sure and be on hand as you will find many things to interest you. Everything imaginable will be sold on these two days. LAltractionsAreQualilyAnd Moderate Price 9 II Street, Orangeburg, S. C. Enthusiastic shoppers!! We should say so. Our friends say they never saw so many p. etty things and so Reasonably Pi iced too. Now, lave you seen the new ideas. That is what we want to knoM. We want you to come any time?the sooner the better. , You will always find a welcome here and kindly advice if you wish it. DON'T FORGET THAT STYLE CATALOGUE We*have reserved one f or you. A postal will bring it. THE VERY NEWEST THINGS NEW WOMEN'S SUITS COM ING AND GOING: Coming: Autum Suits with true charm of novelty?new lengths, new lines, new combinations. At tvery price and color. At $12.50 to $30.00, the tailors have done good work. Going: A group of grand suits for college ghls. Inbrovn, na\y? grey mixtures?the Norfolk pattein is veiy ecw?nan ta?crcd, satin lined, extraordinary value at $12.50 to $18.75. WATCH THESE SHOES WALK RIGHT CUT: They are velvet, suede, tan, vici, paleDt in all gccd "Queen Quality'* lasts. Fitted to you feet by people who knew. $2.50 to $4X0.' CHILDREN'S NEW SHOES: That give each toe the right of way. At6 wear? just keep a record of them. 50c up. NEW SKIRTS Such a large and interesting assortment is aheetJy heie that every woman can be quite sure of finding what she needs. Theie are of special interest: At $5.00 serges and pans mas black a od blue, in paneled effect At $7.00 new rough weaves with the high waist line, in blue, brown and grey. At $10.00 grand values in strong firm voiles in styles that are very new. r Have You An Idea of buying a piano any tune soon? Do you expect to buy one within the next few months? If so, we present you NOW the best oppor tunity you will have in a long time. Call to see us or write us for full details. We have on hand now in our warerooms in Orangeburg the larg est stock of strictly HIGH GRADE PIANOS in South Car olina. We bought in large quant ities and we are prepared to sell at figures and upon terms which will astonish you. Don't pay tremen dous profits to dealers away from home, when you can buy better in struments for less money right here from a home dealer, who is near at hand to fulfill every guarantee we make. WE claim to know something about pianos. Come to see us and let us TALK PIANO WITH YOU before you buy. A person al visit to our warerooms will sur prise you with the number, beauty and tonal qualities of our high grade instruments. 4> 4> Marchant Music Co., j ESTABLISHED 1882. Jj 53 E. Russell Street.. >., Orangeburg, S. O. < i 4?H We Are Still Doing Business at the Old Stand And are better prepared to serve our customers than ever befor? Just received a car load of high grade buggies and surries. All stylcs and colors. Harness, lap robes, umbrellas and sun shades of all style >; colors and shapes on hand. One and two horse wagons on hand Jit all times. Will make you the lowest prices consistent with first cla-ss goods. Call and see us before buying. Respectfully, L E. RILEY, Orangeburg, S. C. For the Best Stationery SIMS BOOK STORE.