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' FRANKLIN WILL NOT HANG I ???? GOVERNOR SAVES ORANGEBURG NEGRO FROM GALLOWS. Convicted in 1907, lor Three Years | 5 Fink Franklin Has Lived in Shadow of Scaffold. ' Columbia, Jan. 5.?Pink Franklin will spend the remainder of his days in the State penitentiary. The sentence of death imposed upon the negro in the Orangeburg, county court, in 1907, was late to-day commuted I to life imprisonment by Governor Ansel. This action follows the filing of petitions asking Executive clemA ency from more than a score of counties and signed by several hundred persons. There were a number of petitions protesting against a pardon t; or commutation. Franklin was convicted of the Imurcfer of H. E. Valentine, a constable, and he was to have been hanged on December 23. Several . weeks ago Governor Ansel gTanted / a respite to the negro until January 27. The case was decided by Governor Ansel independently of a review by the State board of pardons. ^ To U. S. Supreme Court. E-r-7 Following the conviction of the negro in Orangeburg county, an appeal was taken to the South Carolina Supreme Court, where the judgment of the lower court was affirmed. The case was next appealed, on a writ of error, to tne united states supreme Court, but there being" no Federal question involved, the appeal was ' dismissed. Until several months ago the case of Franklin was handled by two negro lawyers, Moorer and Adams. When the appeal had been dismissed by the United States Supreme Court, the case came back to the \ State Supreme Court. An order was issued for the Orangeburg court to assign a day for the execution of Franklin. In the meantime a new / trial was asked for in the Orangeburg county court, on the grounds of after discovered evidence. The new trial was refused and again the case came before the State Supreme Court. While this appeal was pending, it was decided to abandon the cause and ask Governor Ansel to commute the sentence of Franklin. It is that petition that Governor Ansel acted on. In 1907 a warrant was issued in Orangeburg county for the arrest of Pink Franklin, on the charge of vio> a Iating an agricultural contract. The warrant was issued by one of the magistrates of that county. The date of the warrant was May 25, 1907. H. E. Valentine was appointed as a special constable to execute the warrant. He did not attempt to .make the arrest until the morning of July \ 29, 1907, over sixty days after it had been issued. Franklin, at that time, was living on the land of a Mr. Spires. "I am satisfied that the warrant was a lawful one at that time, as ? b the act of the legislature under . which this warrant was issued had t not then been declared unconstitutional." This comment is made by Governor Ansel. * UlcctAn ilUl Appnscu ui luisgivui According to the testimony, H. E. Valentine took with him W. M. Carter to assist in serving the warrant. They went to the house of Franklin "about daylight" on the morning of I? x July 29, 1907. Mr. Carter testified that they knocked at the door and called, but got no answer. "They j did not state who they were or that they had a warrant or what their mission was," says Governor Ansel, in the commutation. Mr. Carter went to the rear of the house, and Mr. Valentine went in the front |'i door. The firing began, several 6hots being fired close together. During the difficulty that ensued Mr. Valentine was mortally wounded, Mr. Carter, Franklin and the latter's wife receiving flesh wounds. In the commutation Governor Ansel states that Judge J. C. Klugh, who heard the case, requested execu\ tive clemency. He also states that Solicitor P. T. Hildebrand had been before him, and contended that the i sentence should not be interfered with. Sir' wiu _ ? xue VUX11U1UMUUIX, The following is the commutation by Governor Ansel :< "In re Pink Franklin. Petition ^ for pardon or commutation of sentence: The petitioner Pink Franklin, was tried at the fall term, 1907, of the Court of General Sessions for Orangeburg county for the killing of one H. E. Valentine; was convicted by the jury and sentenced by his Honor, Judge J. C. Klugh, the presiding Judge, to be hanged soon j thereafter. An appeal was taken to the Supreme Court of this State, where the judgment of the lower court was affirmed, and on writ of error to the Supreme Court of the United States, there being no Federal question involved, the appeal was dismissed. The defendant was then resentenced to be hanged on the 23rd of December, 1910, and respited by me until Friday, January 27, 1911?as this petition was * I BLACK BELT OF CRUELTY. Ruthless Slaughter of Birds in the South for Millinery. Certain sections of the Southern States are called "the black belt of cruelty" in the magazine of an American Society for the Prevention of Cruelty to Animals issued from New York Monday. The bulletin takes up the slaughter of birds for millinery. It says in part "The strict bird laws of the North can never count for much if our feathered neighbors have to face an ordeal of shot and unmerciful cruelty in their winter "abodes. In Georgia and the Carolinas the wholesale shootinsr of sone birds, protected in the North, is widely practiced. "It' is ail ordinary sight to see negro boys coming into the towns in the early morning carrying long strings of dead robins. Some of our cherished song birds are netted at their roosting grounds and thousands are sometimes secured in a night, only the choice birds being used and the other thrown away. "Mourning doves which in Northern States are preserved by common consent by sportsmen and repay the courtesy by diligent work against insects, are trapped by thousands in the South. Florida has been for years the scene of the barbaric slaughter of the snowy herons and egrets, until the beautiful birds are now on the verge of extinction." KILLED HIS GUEST. ! Mistook Him for a Burglar and Shot tt;? nun trrau. Ex-Sheriff E. T. Hicks* Monday night shot and killed John Wyatt, his guest, mistaking him for a burgI lar. The tragedy ocurred at Hicks's | farm, foiir miles from Dublin, Ga. Wyatt got up during the night and f left the room while Hicks was ; asleep. The ex-sheriff awoke a short ! time after and called several times ! to the man whose dim outline he ! saw. Upon receiving no answer, he i shot' the unknown. When Hicks j sought to awaken Wyatt, whom he j thought still in bed, he discovered he j had killed his friend. The dead man | lived on an adjoining plantation. j Hicks is prostrated over the affair. Parson's Poem a Gem. From Rev. H. Stubenvoll, Allison, la., in praise of Dr. King's New Life Pills: 1 "They're such a health necessity, : In every home these piHs should be. If other kinds you've tried in vain, use Dr. King's I and be well again. Only 25c. at j Peoples Drug Co., Bamberg S. C. j then pending before me. j "This is an application to me for i a pardon or commutation of the seni tence passed in the case. I have | given a great deal of thought to this i application and the law involved in : the case. A warrant had been issued ! by one of the magistrates of Orange! burg county for Pink Franklin for , a violation of an agricultural conj tract, said warrant being dated May ; 25, 1907. H. E. Valentine had been appointed as special constable to ex ?Jp? -?;J nni4 iVia morn. tUU It; Sctiu W <Xi 1 aui, auu V/U mum ing of the 29th of July, 1907, he at-( tempted to make the arrest. At Frankiln's House. "Pink Franklin at that time was living on the land of one Mr. Spires, about twelve miles from where he had been living in the spring, on Mr. Thomas's place. I am satisfied that the warrant was a lawful one at that time, as the act of the legislature under which this warrant was issued had not been declared unconstitutional. It appears from the evidence that Mr. Valentine took with him W. M. Carter, and very early on the morning "of the 29th of July, 1907, went down to the house of PKnwlrlim f/\ moto tho O front X illIV r 1 auiviliu tv vuv wtivwbi Mr. Carter testified that they knocked on the door and called, but got no answer. They did not state who they were or that they had a warrant or wrhat their mission was. Mr. Carter went to the back of the house to see if he got out there, while Mr. Valentine went into the house, he stating that the door was open and soon thereafter the firing began, three shots being fired close together. The solicitor of the circuit has been before me and contends that the sentence should not be interfered with. The circuit judge, who presided at the trial, says in his report that the conclusion, which he reached many months ago and which is unchanged, is that the negro ought not to be hanged for his crime, and earnestly recommends and urges that T J aVi nl Am or> mr 00 m tr in ^ cr_ 1 CAICUU ?UtU V/ICUIOU^J tnj UJJ JUU(5" ment may dictate. "Taking into consideration all the circumstances of the case, as shown by. the evidence, together with the urgent request by the judge who presided at the trial that I exercise clemency, I feel satisfied that the petitioner ought not to be pardoned but that the death sentence should be commuted to life imprisonment "Wherefore, it is adjudged, that the sentence of death heretofore passed upon the said Pink Franklin be, and^the same is hereby, commutted to life imprisonment in the State penitentiary at hard labor." Gt rm VLILU Tor Beginning Lasting Un We find that we reduce our stock, i /* tire stock ot goo in plain figures, charge one custoi as low as possib propose to pick as bait to entice all alike at 80 c We have Goods of a to $1.50 o< the dollar, and about 80 cents 01 We have more goods thai every pair of Pants, ever 20 cents on the doDar. is to disnose of the 2ood< article sold during the sal No goods charge Saturday, Janui H. Big Price for Mare. A dispatch from Louisville, Ky., says that Sonoma Girl (204%,) the famous trotting mare, the winner of several big stake races has been sold by Miss Lotta Crabtree, the actress, to C. W. Moore, owner of the Dromore Farm, St. Clair, Mich. The nripp ia rpnnrtpd to bp $20,000. Sonoma Girl is regarded as one of the highest class mares that was ever raced in this country. She was bred in California by S. B. Wright, | of Santa Rosa, Cal., who sold her while a filly to a young man in the same city. Her second owner sold her to Judge Dougherty, of Santa Rosa, soon after, and it was while ; in his ownership that she was first , trained. That was the summer of her four-year-old form, when Dick Abels worked her at Santa Rosa, and she learned to trot a mile around 2:20. So well did she show that the 1 lEAT S ID AA UYrtT TWO V Saturday, til Saturday have too much goods , and get the cash for ds at 80 cents on the It was always our ci ner less and make it up le, with only a small i nut a few items out of customers, but we offe ents on the dollar. a tremenc 11 kinds on ir yard. J We have 250 of Chi i the dollai ? n we can mention in this ad f Hat, every Ladies Garment, The more yon bny from us > and get the cash for them, le * v . iv ed during the s< ry 14th, until EHRHARDT, SO Eastern horseman, Ed Mills, who was then in California, secured an option on her at $2,500 from Judge Dougherty. \ In April as a five-year old Mr. Springer purchased her from Mills for $3,500. Mills had been training her right along, and when J. D. Springer purchased her she went a heat in 2:15%. On Christmas day in 1906 at Los Angeles Sonoma girl trotted in 2:07. It was that mile which made her the most talked-of green trotter in the, world until Highball's sale for $17,-1 500. From Los Angeles she was sent, to Joliet, 111., working easy miles, and j later to Libertyville. Her best mile j at that track previous to her race on July 4 of the same year was one in 2:04%. On that day she turned round for the first time in her life for money, and was second to Highball in 2:06%, and was separately timed that fast herself. ACRIFII ffEKSO January y Night, Jar on hand at this time, ; it, which we need, we doDar. We have our istom to have but one pi on the next one. Our g normn nf nrnfo nn i\ UliUgUI VI pium VII u our stock and reduce t r any and every article ious stock hand, froi Vll goes at J i over 1501 ildren's Kn r I O vertisement, but very yard of ( in fact anything and everytb during the sale the more you We are not after making ? lie. Remembei Saturday, Janu; iRES UTH CAROLINA # SPARTANBURG MAN CONVICTED i - Charles H. Barber Found Guilty or Breach of Trust. 1 j Spartanburg, Jan. 7.?Chas. H. j Barber, a prominent business man j of this city, who deals in stocks and j bonds, was tried and found guilty : of breach of trust in the criminal ; court here to-day. The case grew out of some irregularities concerning a bond which the defendant in I this case had signed for a liquor j seller. Sentence was not passed, as a new ?trial was asked for. Barber is well connected and very prominent. The case has created a sensation. Spartanburg Leads Greenville. Washington, Jan. 9.?Sumter city population, 13th census, is 8,109; i ' 12th census 5,673; 11th census 3, CE .1 SALE; NLY_ 14th, and I iuary28th. 1 and in order to ji will sell ouTen- Jjj goods marked 1 w J h H mm llvo Hnn r Ul/G. fft UU11 i oods are marked \ M lem. ffe don't iff k price on that JS in our stock to fS of Dress 11 25 cents 'f| $0 cents on 1 Vlen's Suits ee Suits at '11 * ' * Wi "loth, every pair of Shoes, -||f ing we have you can save || gain All we are after |t? ? AM Ann a cent ui pi urn uu <m j > the dates: from fji ary 28th, 1910. jj| if -v:l n | Newberry town, 13th census, 5,028; 12th census 4,607; 11th census 3,020. - jjg Orangeburg city 13th census, 5,906; 12th census 4,455; 11th cen- :^jg| sus 2,964. Rock Hill city, 13th censlis, 7,216; 12th census 5,485; 11th census 2,- J Florence city, 13th census, 7,057; 12th census 4,647; 11th census 3, 495. Greenville city, 13th census, 15,741; 12th census 11,860; 11th census *8,607. Spartanburg city, 13th census, 17,517; 12th census 11,395; 11th census 5,544. Anderson city, 13th^ census, 9>654; 12th census 5,498; 11th census 3,018. i The Herald ought to hav^ 1,000 new subscribers this year. We trust our friends will help us to get them. _ .