The times and democrat. (Orangeburg, S.C.) 1881-current, September 14, 1911, Page PAGE FOUR, Image 4

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LEYSATH-P?OL CASE \ -? THREE : TO?NG MEN CHARGED TVTTH HOUSEBURNIXG. Prosecutk c Rested Its Case Yester day?V hiit the Witnesses Have Testified Immediately after the dinner re cess Tuesday the case against J. Frank Leysath, principal, and Horace H. Leysalh and Robert L. Poole, ac cessories, charged with houseburulng was calle 1. Besides Solicitor Hilde brand, th > prosecution is being push ed by Mei sr3. C. P. Brunson and A. J. Hydrick, of the local bar. The de fence hau 3even lawyers engaged, namely, Messrs Raysor & Summers, Wolfe & Berry, Adam n. Moss, E. B. Friday and J. W. Williams. After tho defence nad challenged nine jure? and the State two, the following jury was completed: R. R. Ayers, fc man, J. D. Stevenson, G. ?. Portei, H. Von Ohsen, Jr., M. K. livingstcn, H. Boles, E. W. ?ukes, R. A. Sins, J. J. Riley, L. A. Metts, J J. W. Ca n, and J. A. Irick. The rest of the aiternoon was taken up with examinin ? witnesses for the prosecu tion. Court >p3ned yesterday morning at 9:30, ani continued its progress on the Leys :th-Poole case. Most of the morning w)S taken up with the ex aminatio 1 of witnesses for the pros ecution, )ut about twelve o'clock the State anncunced that it rested its case, am. immediately the witnesses for the d ;f*!nce began. It is said that there are about one hundred wit nesses t" be examined for the de fence an 1 orobably will take up the greater pfjt of today before the prosecut or, begins its rebuttal testi mony. -A faiily large crowd has been in attendance of the trial, but not as many as a the Chestnut trial. A lange nu m er of those atending are from an und North, a great number being wi ncsses in the case. The three defendai ts sat behind their counsels, and seen ted little affected by the pro ceedings going on. One time yester day moiniag some little statement caused ill three to smile, although they wei e not all three siting togeth er. Th< two Leysath boys sat by >by their father, Mr. John Leysath, and E3varal feet away was Robert 'oDle. There were twelve or thirteen k.dies present, among them being tt e mother of the Leysath boys and Mit. Lydia E. Harley, who own ed the I ui.ding which Frank Leysath rented. The other ladles present were frr m North and had no personal connect on with the trial, except as friends aid acquaintances of the de fendant !. The viiness which the State had been m;.kng such strenuous effort to have here for this term of court, was in this ccunty about two weeks be fore thf trial, but sudenly disappear ed. Advices were received to the ef fect thft he was in Rock Hill and the Sheriff at that place was telegraphed to keep him, but he was not secured. Acordirg to an announcement made hy Solicitor Hildebrand this man is now in; North Carolina, and rather than dih.y the trial the State pro ceeded without him. The Testimony. Tb? fiist witness called Tuesday afternoon was Mrs. Lydie E. Harley, who t?st<fjed that she rented her store t? Trunk Leysath and that on the merging of March 15th it was burned Store was insured for $1, S00. Demasoy Tyler testified that he and some other boys had gone on an expedition to scare some man, und returning' saw a wagon loaded with goods vai.agj Later saw three persons with g)ods in their arms, whom he later recognized to be the defendants. He an<. Dempsey Livingston watched the store and ran to the fire when the ej plosion was heard. Witness testified that he signed affidavit for Deputy Insurance Commissioner Whartm to the effect that Frank Leysata offered to pay him to hold his toi gue, but didn't remember vis iting I in now. W. A. Baggott, magistrate at North, next testified that he went to the out-house back of Mr. John Ley sath's house the morning after the fire aid upon opening it found the goods, waich he boxed and sent to the Sherif'. (Here the box was opened and cl:)t:nng marked for various peo ple around North and sent to Frank Leysa h was exhibited, also neckties with .. Frank Leysath's name on them, stamped enveolpes and blank books ) Lot Feed, policeman-at North, said he weit immediately to the fire when the alarm was sent in. Nothing was saved from th Leysath store after he got tl.eie. According to orders from 01 r. Whetstone, intendant, he went and v atched the out-house where la ter th e i.roods were found, until morn ing and is satisfied that the goods were aot placed there after the fire. W. L. Whetstone, was next examin ed, .le said that upon receiving in form?.thn from L. L. Chartrand he had ho outhouse where the goods were discovered guarded. Ho went to thn fire and did not remember see ing anj goods saved from the build ing. Cojr; adjourned until 9:30 Wed nesday morning. W L. Whetstone was the first wit ness :a:led Wednesday. He declared he h::d seen a policy on the stock of Fran r. Leysath for $2,r?00. The stock he Vj lued at between $4,000 and $5, 000. j^re took place at about one o*do -k John C. Hudson, of Aiken, testified that he was an Insurance man travel ing >V'3r two or three counties. He had writen a policy of $1,250 on Frark Leysath's stock, which had neve * been claimed so far as he knew. Something Going to Happen. W E. Ulmer, now of Woodford, but ormerly of North, said: He had ston; lext door to Frank Leysath's sepr, rated by brick wall. Talked with Fra lk Leysath about insurance cou pie of months before the fire and. Frank told him that he i Frank Ley sath) had hone. Judged stock to he about $3,000. Had about $500 in surance and about ten days before fire too out $500 more. Loss about $500 from the fire. Reached fire soon after the alarm, and flames were coming out doors and windows. At this point Solicitor Hildebrand asked why he had taken out this ad ditional policy, and while the ques tion was being answered the Judge ordered the jury to retire while the witness answered and then he would decide whether to admit it in evi dence. The jury left the room and the witness said he heard Leysath had taken out a lot of insurance and thought he had better get some too. From what he had heard was a little suspicious. Didn't know but that fire would break out at any time. Took no special notice of any pr/para tions by the defendants l'or a fire, but judging that the expenses were more than the profit believed something was going to happen. The Judge then ruled this out for the present, but announced that the opposing sides would be heard after the re cess and then he would decide defi nitely. He thought the testimony competent but was not certain. Upon cross examination witness said he had a stock of ?. ,0 30 and sav ed a large part from the fire. A part of the time he was saving the goods Frank Leysath held a lump for him. Dr. T. A. Jones of North was call ed. Did not see the fire break out, but got there fifteen minutes after the alarm. Saw Frank -Leysath around a few minutes after he got there, but did not remember seeing Poole. Also saw Horace Leysath. Saw two parties pass in front of Mr. Jeff coat's house going down the street but didn' recognize them. They car ried nothing in their hands. Also heard couple of wagons, but didn't see them. L. L. Chartrand was called. Here the defence objected to the competen cy of the witness saying he had been convicted of larceny. Solicitor Hil debrand had Ihe pardon of the Gov ernor and this the Judge decided made him a competent witness. The witness wanted to explain how it happened he was corvicted by the Mayor but wasn't allowed at that time. The witness testified that ne was sleeping when some one awoke him. Seeing the fire he said: "its kerosined" and fired his gun as an alarm. Met Chief of .Police and told him to tell Mayor tha* he could give him some information concerning the fire. When Chartrani? arrived at the store he said kerosine was dripping from the shelves and counters. Noth ing was saved from the building as far as he knew. Called the kerosine and empty condition of the store to the attention of the Chief of Police. Dempsey Livingston and Dempsey Tyler were the person*', who woke him up. Lon Reed testified that he arrested Robert Poole about 11 o'clock on the morning after the firf- and that Hor ace Leysath said he would kill any one that talked against him. William Livingston, Chief of Po lice, said he didn't know of fire until he was awakened. No one was around the store when he got there. Entire store was on fire and noth ing was saved, although Ulmer sav ed some from his store next door. Smelt plenty of kerosine. Kerosine inside of the building as it was not smelled until after the glass broke. On one tier of shelvos he saw there were no goods. Horace LeyBath said "If any man puts it on me, I'll shoot him." J. D. (Dempsey) Livinigston was called. He met wason about E. M. Livingston, didn't recognize wagon. Looked as if loaded with boxes and barrels. Good load on it. About 10:30 went to Chartrand's, and from there came to the depot- Saw three men r me out of Frank Leysath's store with goods under their arms. Couldn't swear who they were. Demp sey Tyler was wdth him. The three came out and went away, he stayed there and waited. He heard loud ex-j plosion and saw two men come out; of the store about the same time. So lictor Hildebrand 'ried to get the witnes to say that he recognized them but witnes stuck to his statement that he could not recoguize them. Took the wagon :-.e saw to be the same one he saw in Frank Leysath's yard that afternoon. Said Frank Leysath told him to tell Aleck Poole to get rid of the shoes he had saved. Here Livingston read a( page of an j affidavit he made before Commission er Wharton in which he stated who the men were, and he said that the affidavit was incorrect. While witness and Tyler were wa.cbing store hear^ a noise like loadin;" a wagon behind Leysath's store. Thomas L. Robinson was called. His mother being sick he went into North for some rnedinoine and to meet a train. He got the medicine and had gone to some house when hf heard the train blow. He ran out. and upon reaching the depot found it was a freist, and not his train. While looking up the tra'k for the pasenjr? he heard an awful explosion. Saw black smoke over building. Recog nized Frank Leys..th coming out of the door and a little behind him Hor ace Leysath. Horace shut the door, and witness said he thought Frank saw him standing on the track, and consequently witness drove away for about a block in Ms buggy. Put his horse up at a Mr. Boles, and went to the fire. At the fire Frank and Hor ace Leysath were sitting on the rail road. He said the building was blaz ing and that smoke was over the building when Fn-.nk came out. On cross examination witness said curtains to the si. >re were down and he didn't see any light until Frank Leysath opened the door. He denied a conversation with Otto Livingston in which he said that the Leysath boys jumped out of the window". Ad* mitted forging his uncle's name to a note; also of signing his mother-in law's name with her consent. Also admitted being up before Magistrate Brunson charged with taking off property under lien. i . *.. ...... WINS BY ONE VOTE. Alderman Sain Elected Mayor Over Alderman Wanamaker. The municipal campaign came to a close Tuesday by the election of Alderman Wiliam Sain Mayor by a plurality of one vote over Alderman W. W. Wannamaker, the vote for tue two gentlemen named being 219 and 218, respectively. Mr. 0. K. Wilson the third candidate received 22 votes. Mr. Sain received 21 votes less than a majority of the voters cast. It *Is claimed by some that had Mr. Wilson not been in the race tln.t Mr. Wanna maker would have been elected, as most of those who voted for Mr. Wil son would have voted for Mri Wanna maker had Mr. Wilson been out of the race. The following the vote received for Mayor and Aldermen: For Mayor. W. M. Sain .. ,. .. ..219 Wm. W. Wannamaker .. . .? ... .218 0. K. Wilson .'. .. ,. 22 For Aldermen. A. Fairey. . .340 R. F. ?ryant.295 W. W. Crum....... ?. 284 W. G. Smith. ...280 R. H. Jennings., ... .263 J. A. Salley.*. ..256 J. W. Josey.224 Abial Lathrop.199 J: X. Weeks.195 Lawrence E. Riley.177 D. H. Marchant. ..175 The'first six aldermen named were elected. Only two of them, Messrs. a. F. Bryant and R. H. Jennings are members of the present board of ald ermen. Mesrs. Abial Lathrop and J. X. Weeks are also members of the present board of Aldermen. They were defeated for re-election. Messrs. T. A. Fairey, W. G. Smith, and J. A. Salley have served as Aldermen be fore. Mr. W. W. Crum Is the only man who has never served as Alder-, man before on the new board The isues in the campaign were measures and not men. Mr. Wanna maker advocated the establishment of a recorder's court for the city, which lost him a good many votes. Mr. Sain 1 took the other side and the fact that he was elected shows that the people agreed with him. When the Issue was drawn, many of those who would have voted for Mr. Wilson went over to either Sain or Wannamaker and in ,this way his vote was ronsiderably cut down. The vote Mr. Wilson re ceived is no test of his popularity. Alderman Sain has served the city in that capacity for a great many years, and has always been true and| faithful to his trust. In his hands as Mayor we hope the city will con-| tinue to grow and prosper. He has a good board of Aldermen who will j do all they can to help make his administration a success. Some thdnk that there will be many changes in! the personel of the city officials, while others think that things will go alo:ag! in pretty much the same old rut. We will all have to wait and see. ,Mere the State rested. The defence began their testi mony with several witnesses discred iting the truth and veracity of Thos. Livingston. J. H. Zeigler, G. B. Gard ner, J. X. Weeks, stated that they would not believe Thomas Robinson on oath. Henry Gleaton and Joseph J Douglass said "they would not be lieve Lon Reed on oath. Otto Livingston said that Robin son did tell him that the Leysath boys jumped out of the window. J. C. Price, A. A. Glover, and Miles O'Reilly all made some tests as to whether a person standing on the railroad could recognize a person in front of Frank Leysath's store and came to the conclusion that It could not be done, to which they testified. Solloltor Hildebrand called attention to the fact that no building was be ing burnt up at the time of the test. Lewis G. Gibson testified that he saw the store the afternoon after the fire and that the debris was compos ed of buckets, tin cans, typewriters^ etc. Frank Leysath appeared to be do ing a good business, i Ernest Tindal, clerk for Frank Leysath, testified that he and Frank closed up the evening before the fire about .S:30. He left Frank and went to barber shop. Poole had been sick for several days hut had been in the store once or twice the day preceed in.g the fire. Had tank of oil from which they sold near the back of the store. Had fire in stove during the day. Stock between $4,001) and $5, 000, which had not been tampered with. Aleck Poole kept a country store and bought from Frank Ley sath. Witness said nothing had been done to arouse any suspicions. J. A. Livingston testified that Ley sath appeared to be doing a good business Was present day after the fire when the safe was opened and blank books, checks amounting to about $100 on various people, and about $20 in silver '.vas taken out. Turned them over to Frank Leysath. Carl G. Shoenburg, cashier, said he and Robert Poole boarded at same house and was awakened by boys at boarding house. Knew Poole was aroused by the same boy. On cross examination said he didn't know when Poole got in that night. rThis is all the testimony given up to the dinner recess yesterday. The rest of the testimony will be pub lished in Saturday's issue. Ciilhoun Oops Ruined. The St. Matthews correspondent of The News and Courier says: "After one of the most protracted droughts ever known by the oldest citizens, this county last week was flooded with constant and excessive rains. The corn crop was lost for the want of rain?particularly that planted on the Williamson plan. In spite of the drought, the cotton held up remark ably well in the making, but has now been seriously injured by the rains and storms. Rust is invading much of the sandy land crop and the cot ton is rotting in many places. This has greatly injured the price of the staple. A bale sold on this market for seven cents and the most of It is( one cent below the standard price.": NEWS PROM COPE. General News of Interest From That Progressive Town. Cope, S. C. Sept. 12. Special?With bright sunshine Sunday and yester day until late in the afternoon, when a light rain fell, <tJhe cotton situation has undergone a decided change for the better and large quantities of the fleecy staple was harvested yesterday. Today is another good day on the crop, and everybody is showing their appreciation of the same by gathering every pound they posibly can. The gins keep up a constant hum, and as a consequence business is much bet ter and brighter. Miss Anna May, who Is studying to be a trained nurse, in a hospital in Florence is here spending the week with her brothers and sisters. The young folks had a box party at the school house a night or two ago, and all present had a verf pleasant time. The proceeds of the same was handed over to the Woman's Home Mission Society of this place. The Union church Sunday School, of which Dr. V. W. Brabham is super intendant in going to have a rally day Bervice in the near future and the school was divided up into two squads Sunday a week ago. Miss Vera Thomas is Captain of the Blues and Miss St. Clair Cope is captain of the Reds. The members of each squad did some good work last week solic iting new recruits and thfe member ship was swelled from 80 to 124, there being one hundred scholars and sixteen visitors present on Srndas. Union Sunday school Is live and up to-date and is not only the largest on the circuit but Is one of the best in the county, and I might say, cor rectly, in the State. J HIGH SCHOOL OPENS. EHoree Boasts of Largest Enroll ment School Has Ever Had. The opening of the Elloree High School fully met the expectation of all concerned. The beginning enroll ment being the largest in the history of the school. Quite a crowd of the patrons and the representative citi zens attended the opening exercises, and the interest and enthusiasm dis played was an inspiration. This community Is coming to the front in educational matters and everything points to one of the very best school years in its history. The High School was up to the State requirement, con taining young men and ladies from this and other sections who are prep paring themselves for life and for college. After an opening prayer by the Rev. J. E. Strickland, he was intro duced and delivered an address of welcome to the newly elected teach ers, laying stress upon the bright ?prospects of the school. Prof. Walk er S. Whitaker, responded on behalf of the teachers. The Rev. J. W. Bar rett, then addressed the school, in his usual logical way of reasoning, point ing out the great need and blessing derived from educating the youth of the comunity. The board of trustees of this excel lent school consist of: Dr. A. C. Bax ter, Chairman; Dr. P. L. Felder, Clerk; J. C. Parier; G. W. Shumaker; A. B. Bookhardt; S. C. Rickenbaker: and Joe S. Weeks. All of whom have labored hard to the upbuilding of the school. Among the audience were noticed quite a number of young men and ladies who attended this school during their preparatory days and are now making good at college. They were Mesrs Arthur Shoemaker of Woford, Robert Hipp of Newberry, and Miss Emily Ethridge of Eliza beth. SPRINGFIELD SCHOOL. Impressive Exercises Mark Opening of Coming Term. Springfield, Sept. 11.?Special: With impressive exercises, the public schools of our town were opened this morning with the largest enrollment of its existence. John I. Koon will again be at the head of the school, and his past success will materially assist in the achievements of the com ing season. Professor Koon will be assisted by Misses Isab^lle Free, Bes sie Reid. Ella Grant, Reba Albergot ti, and Mattie Tarrant. Miss Grant comes from Williston and Miss Al bergotti from Orangeburg. All the teachers have had experience, and all are known to be well fitted for their respective places. The school sang the opening song, "Stand Up For Jesus," after which Rev. O. M. Abney read a section from the bible and Rev. J. C. Collum lead in prayer. Short talks were made by Rev. R. B. Tarrant, Rev. J. C. Col lum, Rev. 0. IM. Abney, J. B. Smith, S3. J. B?land, Prof. J. I. Koon and James H. Fanning. The schools of Springfield are the pride of the town, and any event touching and concern ing the same is of vital interest to the entire population. The Last One Gone. In the death of Mr. Earnest Jack son, of Bowman, the last son of Mr. J. F. Jackson, has passed to the Great 'Beyond. One by one, his sons, all good and true men, have left the old gentleman still lingering on the shores of time. He still has two daughters to comfort him in his old age, Mrs. E. M. Mittle, of Bowman, and Mrs. Sue Meyer, of Summerville. Mr. Ernest Jackson left a widow and one child to mourn his death. Cotton Report. Open-CloFe. January./ . .11.35-1138-40 March.11.47-1150-51 May.11.56-11.60-62 October.11.26-11.31-32 December. 11.38-11.40-41 Bales sold?Tuesday 100; Wed nesday 14 0. Price 11 1-4. Tone? Steady. The Graded Schools will open on Monday. LOCaL news items PICKED UP ALL OVER TOWN BY OUR REPORTERS. What Is Happening Here and There. Local Items of Personal Interest to Our Readers. Some of the city occials are on the anxious bench, fearing a shake up. Who hit Billy Patterson is now the question. Evidently a good many people did not vote Tuesday like they talked. Miss Rosalie Barton has returned from New York and has resumed charge of the Kohn Milinery Depart ment. Judge DeVore declared it was his custom to flud a blind tiger enough to eat up his profits. He ought to give them even more thf>n that. The Times and Democrat has no political axe to grind. For that rea son it'can view the result of Tues day's election with best wishes for all. It comes to us on pretty good au thority that a position awaits City Engineer Hawes in another State with a better salary atachmen than he gets here. The Times and Democrat extends its condolences and congratulations to all defeated candlates. They have have escaped the hard work and criticism. Miss Emma Stabler will not re sume her position with the Kohn Store until the 15th or 20th of this month. This is due to a severe ill ness of her sister. The big vote received by Mr. T. A. Fairey Tuesday indicates his popu larity. Some of these days in tne not distant future he may be entered by his friends in the race for Mayor. Miss Carrie Dukes, of Vance, will leave for a Business College on the llth. We hope she will make a suc cess and be back now soon. She will be missed by old and young and we regret to see her go. Whatever may be said about Cdty Engineer Hawes, no one can deny his ?profesional ability. He certainly [knows his official connection with Orangeburg he has done much valua ble and lasting service here. Don't forget the ice cream festi val Saturday afternoon at four o'clock for the benefit of the St. George Church. Will be given on the lawn in front of Mr. H. R. Jamison's house. The public is invited. They say seeing Is believing. Judg ing by the number of ladies who are selecting their coat suits now at the ?Kohn Store it Is more than belief? it is positively convincing that they are showing the best in the State. There are one or two more cases dealing with those breaking the li quor Ia^r, and it Is to be hoped that they will be dealt with In a like manner as the one who was prompt ly fined Monday morning and told that the next time meant imprison ment. ' Mr. W. W. Wannamaker, who was defeated fcr Mayor by W. M. Sain by one vote, asked his successful oppon ent for a recount at a special meeting of the present Oity Council yesterday, for a recount of the votes, which was refused. Thereupon Mr. Wannamak er announced he would make no le gal protest. HURT BY EXPLOSION. Wliile Dynamiting Fish One of Party Severely Injured. Springfield, Sept. 11.?Special: As a result of a premature explosion of a charge of dynamite or dynamite caps, Dock Gunter lies badly wound ed and bleeding in the office of Dr. H. A. Odom. It appears that earlv this morning Willie Johnso-., Earn est Porter, Norris Tyler and Dock Gunter came down from the neighbor hood of Sally in their automobile, for a days sport with guns and dy namite, it is stated by Messrs. John son and Porter that they were to hunt squirrels and it appears from the results that 'Messrs Gunter and Tyler wore to shoot dynamite for lisli in the South Edisto River. As a result of the accident, three of the fingers of the right hand of Mr. Gun ter ha>*e been blown off, and he is severely wounded in the side. Mr. Tyler received a wound on his ear or face. These people are a!l promi nent and prosperous white citizens, and are no worse than dozens of oth ers who persist in trying to destroy the fish of our rivers unlawfully. The game and fish laws have never been enforced in this section, and the pas sage of same 'have been resented by many people who claim the right to use dynamite for that purpose. The extent of the wounds of Mr. Gunter are as yet unknown, except that he has been very painfully wounded, and will be deprived of the use of three of his fingers for the remained er of life. Dock Guntsr is known as a jolly, rcood natured man, and it is to he regretted that he att.empcd to use explosives for fishing. A Card of Thanks. I wish to publicly thank the friends who voted for me in the municipal election. I fully realize the compli ment they extended to me, and will state that I am not disgruntled, but will continue to take the same active interest in the welfare of Oran;e burg that I have always done. Yours truly, 0. K. Wilson. Shot Negro Man. Sam Berry, a white man, living near Rowesville, was placed in the county jail here yesterday afternoon, charged with shooting a negro named John Preston. The cause of the shooting was not learned. The negro was shot all in the back, and his con dition is serious. How Much Do You Pay For Your Coat Suit? And What Do You Get For Your Money? Do you get the latest style? Do you get the correct weave? Are you properly fitted? For Your Money You Are Entitled To All This and We Give You Every Bit and More. BECAUSE: our buyers spend a month in New York searcl ing there for the correct styles, the up to date cloth and manufacturers who make the suits up correctly. Our buyers place orders for thousands of dollars of ready to wear and thereby get big concessions. That is why we sell 25 per cent, less than any other dealer in this town or any other town. Our Suits Prove Everything We Say!! FOR EXAMPLE READ WHAT $12.50 WILL BUY:: A Lymansville guaranteed all wool cheviot, the stylish goods of the season, in brown, black navy and grey. The jacket is four button, single breasted and in the correct 28" length. Coat collar has notched lapels, sleeves smooth and well fitting. Lined throughout with guaranteed satin. 32 to 44 bust and 14 to 20 misses sizes. The skirt is six gore, front and back panel effect. Side'gores double stitched. Altogether a pleasing suit. It will be sent you prepaid?order by number 40C. State your size carefully. The above splendid value as well as other remark able suits at $15.00, $18.00 and $20.00 are causing a sensation among the shrewd shoppers of Orangeburg County. Without Exception They Say: "Never have I seen such beautiful suits at such low prices." Don't you think we feel pleased that our efforts are meeting with success! Why can't one of our suits please you?