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V ' S J%. y V / ' ' ^ / t * /I :) The Batestmrg Advocate. YOL1IT ^ATESBURG, S. C?\V 1,1 > N KSI) AY, JULY 1,1908. NO 22 m THE TILLMAN CASE. Judge Townsend Orauts a Change of Venue from Columbia. - v BUCHANAN ABUSES THE PRESS. I / A Warm Debate Over the Selection or the IMace of Trial. Lexington County Finally Chonen. James II. Tillman will he tried for the murder of N. G. Gonzales at the county seat of Lexington, beginning the third Monday in September, unless the defense obtains another continuance. The order for the change vi venue was uiaue uy >i uugu iuwiisend in the criminal court on Wednesday afternoon after the argument was concluded and the place announced Wednesday morning shortly after t lit; court convened. In making the announcement the court said that lie | had given the matter much thought and had finally determined that Lexington was the proper place to hold the trial. The shcrilT was ordered to have the prisoner there hy the second week in September. Only the affidavits used In the change of venue proceedings were permitted to lie filed, although the prosecution desired to have those filed also that were used in the proceedings to obtain bail liefore .1 ndge ll'ope. We present below the arguments of the attorneys in the case i after the affidavits all had been read: ..1UDGK CHAWKOKIl's AUGOMKNT. Iln the discussion of such a case as this the legal propositions should first toe given. This motion for a change of venue should not bo granted unless flic showing is made very strong. Another proposition is that the parties who] come asking for the change must have ' the preponderance of the evidence; if 1 there lie an equal balance then they! "lose their case. The rule is that the! defence shall establish their point by the preponderance of the evidence. | The question is, is tlie prisoner entitled to a change of venue on account of 1 the local prejudice? And the defendant presents in stereotyped forms antdavits saying that a fair trial could I not, he had. The defence has presented ! to you a mass of affidavits, hut there! arc some among t hem who are people of this county. The others In-long to the migratory class; that is, t lie mill population. They are not people who ! cannot speak for Richland County.! ?-?> 'Mrr'-ffrfV'";; 'n ffinmr f"' 1 Mr j MCicuuoiit* uuuii auiuavii^ w?.-i IUI iii^; nothing but the belief of the affiants have no weight in the determination of the change of venue. The mot ion must t?e accompanied by affidavits based on facts, not beliefs; knowledge, not opinions. Judge Crawford cited a numl>er of cases throughout the United States) showing that it is insufficient to obtain ! change on such opinions and beliefs. If such were the ease a change could! be procured from one county to another, j and in this manner the case couid be! carried on indefinitely. The law must be resolved on principle and not mere- j ly on the opinions of everyone. Our Supreme Court lias repeatedly decided j that when a juror has been put on his ; voir dire and declares that his mind is i unbiased that juror is perfectly eompe-1 tent to sit on t he case. It was on account of these beliefs and opinion affidavits that the Courts of South Carolina in the case of the State vs Williams, declared, in 1H2.5, that a change of venue can he granted only when accompanied bv affidavits in which facts are given. Is t lie jury! of Richland County to lie impeached ! liefore they are put on their voir dire? ! Because a few of t he friends ol t he victim subscribe to a monument fund should it then be said that a .fair t rial could not be gotten in Richland County? According to the case reported in 8tli New Mexico the mere statements of the attorneys of the defendant should have no weight with the Court. | That the venue will not lie changed ! merely on the lielief of the prisoner and 1 his friends that he can not get a fair j trial is specifically stated by Bishop. We have shown to the Court by atlida- I vits that over one-half of the jurors' drawn in this Court are from the i country districts of the county; there- ! fore, the articles published in the Record could have no effect on them;! as this paper has no country circulation. The accused has made objection ; to the effect that the jury is made up of improper jurors. By 1 he safeguards of the law t his is eliminated in sueh a manner that a juror who is biased cannot sit on a murder t rial. The affidavits of t lie prisoner relate! t I... 1 tvlm.i ? I... ..? I I... tun was still on the ground, hut now, \ after six months have elapsed, to say that the people still harbor the malignancy of vengeance?never! This people in the rush of other occurrences have almost forgotten this trial. They tiring ext racts, written by a single editor, and try to show that this individual litis influenced t he jurors of this ! county. All of the witnesses for the State say that a fair and impartial trial can he had. Four hundred and thirt yone affidavits have declared that it there was any feeling against .1tunes II. J Tillman it litis disappeared. Mr. Crawford then read the letter from Col. Wilie Jones, in which he says that Tillman can get a fair trial. This is the only representative citizen who has made an affidavit for the defence," and he says that Tillman can get a fair trial now. There has been talk of violence to the accused. Why, Col. Tillman walks in and out of this Court room wit h as much safety as in his mother's home. The sworn statement of Senator J. (?>. Marshall shows that there is tis much feeling in every part of the State as is m this county. There was some feeling against Col. Tillman at the time of the killing, but this has subsided now. It has been shown that notwithstanding the fact that Mr. N. (!. Gonzales fought the accused in his race for Governor last summer, Col. Tillman received more votes than any other candidate. The defence has presented you about fifty affidavits from citizens of Lexington County, who declared that a fair trial cannot be bad in Rich- it Innd. These people have nothing to do r witii the case. The defence must show V beyond a doubt that a fair trial can- ? not in? had. Must it be show n by the t number of atti iavitsV Tiieu we have t them. Ity the intelligence of the atll- h ants? Then we have them lty their h representati ve character: by the varied a occupations? If so, then t lie prosecu- ii t ton has them. n They want to show that by a few ? newspaper clippings that a fair trial cannot be had. All of the preachers of o Columbia have given allidavits show- r ing tliat Tillman can get an impartial ^ showing. The defence wants to con- I tradict their statement by showing li tliat on the Sunday after the shooting <i prayers were olfered to spare the life h of this useful citi/.en. Mr. Crawford then read the names of c some twenty physicians of t he county, 1 who mingle wit h t he masses more than t any ot her class of cit izens, ail of whom ' sav, without an exception, that theac- 1 cuscri can get a fair trial here. To a show tliat the prosecution had obtain- t ed the opinion of all classes of eil i/.eiis ii In Ui.i<mnn?u Mr ..r....I > (in* names of the lawyers, docto's, county olticers. druggists, city ollicials, S county do legalion to the Legislature v cankers, railroad men, alioui one hiin- li died ;nid llfty merchants, and the o farmers, who swore thai a fair trial t could Ik? had. There are only l,:ioo t ?|Ualitied jurors. Itoih sides are limit- h eel in the same way in the drawing the jury. The other side present it'll ! d ailidavils and we have 421: this makes I 7VJ of 11 it* citizens whom Tillman J a would not have to fear: Til who have h made ailidavils for t,lie defence are not d prejudiced .against him and the 421 t who have stated specifically that a fair t rial can he had. The 5no remaining can lie put on t heir j < voir dire and I am sure tliat an iiu- it1 part ial jury can lie gotten. The rule ? of t lie (Jourt is I ha I you cannot decide i u whether an impartial jury can he n sworn in until I hey are brought up and j put on their voir dire. We challenge ^ the ailidavils of Mr. W. T. Martin and I others, in which they state that I lie j v newspapers have published articles c whieli were calculated to prejudice the | 1 milids of t lie people and to hold t he de- u fondant, under public censure. Mr. '1 Crawford went'on tosay that the news-j t papers published here, and especially ' t the Stale, had been especially temper- c ate and mild in their reference lo this v case. s Mr. Crawford spoke for about one * hour and a half and closed with a ' strong plea that the change of venuei ( should not lie granted. till,. I\ II. NKI.SON'S AlUlt'MRNY. ' S Col. P. II. Nelson then spoke in sup- ? port of the demand for a change of j venue. Col. Nelson spoke in a most I eloquent manner for one hour, going j ' over the legal phrases which are in | }' volved in the case, lie began by say- [. mil tli.it State a fair and impartial trial wasI t guaranteed to every man. and he pro- a posed to show that a fair trial could 1 t not lie gotten here._. j n We do nol. rely on the affidavit of ' 1 the defendant, hut on ailklavits of j eitizens ot' liichland County, "'he'* Stat utes of Sout h Carolina, in Section |o ?,7J5, allows change of venue on the i s' follow ing ^rounds: j si "The Circuit Court shall have the j 11 power to change the venue in all cases, ! P civil and criminal, pending therein, j" and over which said < 'ourts have tu igi- a ual jurisdiction, hy ordering the record to he removed to another county j ' in the same circuit. The application 1t for removal must tie made to the Judge ; h sitting in regular term hy some party ] a interested, or hy the solicitor of the cir- j t cuit, or accused, supported by allidavit j r that a fair and impartial trial cannot j It he had in the county where such ac- j tion or prosecution was commenced. | The state *h.ill have the same rightly to make application for a change of!', venue that a defendant has in cases of y murder, arson, rape, burglary, perjury, |,, forgery or grand larceny: Provided, n no change of venue shall he granted , in such cases until a true hill has been ^ found hy grand jury. Ten days'notice of such application in civil and erimi- . nal cases shall he given to the adverse party, and if a change is ordered it 1 ! shall be to a county in the same judi- I cial circuit." In Stall- vs Coleman 8S. it is , v held that a motion for a change of i n venue addresses itself to t he discretion a of the presiding Judge. The change j I of venue was granted by t he Circuit j t Judge, the Supreme Court saying: je "Wiiile here upon very general attldav- i its as to the improbability of a fair j t and impartial trial in the county in ! P which thebillwas found, the Judge jn expressed his willingness to transfer |C ease to another county in the circuit jd except Pickens, where there would he o no term of Court." j ii In the case of Carroll vs Carroll vs ! a Charleston and Seashore Ihiilroadjd Company, til S. <".,it appears that only to the attidavit of the plaint ill w;is suh- * mil ted, wliieh recited two mistrials, ;a and the great inlluenee of the defen- ' dant, the Consolidated Company. ' Against that was submitted tlieatli:ll:ivits <lf lllllie III' tllf II... ' change of venue was ordered, t i??* Court ! holding (hat it wjis in the discretion > of t he l rial J udge to order the change s I on t he former t rial. 'J In t lie ease of the State vs.lones the i | defendant vvaseonvietedof inanslaugh- ' ler and senteneed to twenty-four < | years. Tlu-ease was appealed and le- ?l ferred, and ordered to a new trial. I | The State moved for achange of venue t and on single atlidavit the change was H I granted. t In another unreported case Judge f Kershaw granted a change of venue, I in Fairfield (flinty, on the aOlduvits j I of t hree eit i/.eiis. In the ease of Crawford, in this ' jcounty, the change was granted to f Kershaw County heeause of prejudice j I caused by the newspapers. Public feeling has lieen so much ex- I cited here now that people sire sictu- -< ally afraid to make affidavits on ac- I count of losing their position in vari- s oils large corporations. In the Craw- t ford case, although there were only t ten atlidavits submitted for the de- < fence, Judge Watts granted the j change notwithstanding the fact that c seventy-eight prominent cit i/.ensof t lie | e county said that a fair trial could bo i gotten. v Mr. Nelson then made reference to a the atlidvait of Mr. i<. II Weston, who '\ I said t hat. ho waseh cted to the Legisla- ; l ure in Mr. Nelson referred to the manner 1 which Judge Andrew Crawford had cad this ullldavit, saying thai Mr. Veston was elected in hard times, lr. Nelson wanted the Court to know hat these haul times referred to was he hitter tight between the Tillmunles and Conservatives. Although he c longed to the latter side, lie was not fraid to say that such a state of feeing existed now and that no one did lore to cause this than the late editoi, i. (1. Gonzales. Some st ress was put on the affidavit f fudge O. VV. Buchanan, in which he eferred to a conversation between lr. Nelson and County Auditor W. I. Gibbes. Mr. Gibbes had always cell a close personal friend to Mr. ion/ales and he did not blame him for ils bitter feeling towards M r. Tillman. Your Honor will also lake judicial ognizance of the Act of luu2 at, page ,000, where the duty is devolved u|kiii in- county treasurer, the county audior and clerk of Court of Common 'leas and General Sessions of selecting nd drawing jurors in the Circuit kiuits of the State. Mr. Giblics heng county auditor this duty devolved ipon him. In the case of State vs Sullivan, Jb I. C., 40(1: The .lodge untieing eoninced that a fair trial could not he iad by reason of the interestediicss of lie of t lie oltieers who drew the jury ? he Court saving that it was well setled that the Jurors must Ik* returned v imnart ial and disint erest ed oin<>i?i-w ami lliat one of I lie otllcers whoso uty It was to re* urn the panel was a elat ive of I he deceased, and impart ial, nd as some time would elapse before lis term of oltlee would expire,and the efendant l>eing entitled to a speedy rial, a change of v6nuu was ordered. Attention was called to the fact here were no cases reports! in South 'arolina Courts in reference to newsaper publications. In New York evet al cases were cited where changes f venue were given on account of icwspaper prejudice. The atlidavils of Mr. A. E. and Mr. V. K. (ion/.ales do not deny that on he day after the not ice for change of enue that there was published an ditorial entitled "Only Criminals 'ear a Fair Trial." This was done mly to a fleet the minds of the people, ['he prosecution says t hat the minisers did not refer to t he case from their uilpits. Mr. Nelson then read sevral extracts from the prayers that vere offered on the Sunday after the hooting. Every single attidavit preented try the defence shows that Col. Tillman cannot get a fair trial and hey also state the reason why he canlot get a fair trial. Washington A. Clark has called ton/ales a martyr and Tillman an asassin. The same is true of John .1. IcMahan. The newspapers have proud iced the minds of t hese people by mblishing numerous fat ts in regard te his case. The defence has not only nade reference to t hese articles, hilt las presented these clippings to the Mr. Justice McCall of New York, In he case of People vs Bullet t, granted change of venue on t lie ground that he newspapers had prejudiced the linds of the people so much against he prisoner. These cases are cited to show how tmilar cases have Ih'cm treated in titer States. Col. Nelson then read I'veral similar cases to the Court, bowing that changes of venue have cen granted on the ground that newsape rs are suttieient to prejudice the linds of pe.plc so much as to prevent fair t rial. 111 uiumiiik v-oi. .scisou sum mat n ad given liim no pleasure to make he criticism of those with whom e had formerly been friends. lie \\:is lways willing to Rive tiledeceased edior the credit of believing t hat lie was iglit and did not now want to change lis course. MR. ItKLI.INUKII S AKlll'MKNT. The next argument was that of Exit torney General G. Duncan Itelliner. A thorough review of the case .as made by this distinguished attorey, who began by refuting theargulent presented Wednesday by' Col", leorge Johnstone for t ile defence, He ;i id: Has t.hcrc liecn any fact presented y which you can form an opinion that fie defendant cannot get a fair trial 11 this county? The same legal principle which preails in a jury trial, that the State lust move its case beyond a reasonble doubt, does not prevail at all in his judical investigation. The ?iue&ion is: Can James II. Tillman reeive a fair trial in Richland CoiinVvV it is a well-known principle of law hat a defendant must be tried at the lace in which the crime was committed. In olden times it was the ustoin for the witnesses of a crime to eeide on the case. The idea of change i senile is a comparatively new tiling n law. Col. Johnstone said in his rginncnt that two-thirds of t.lic aulas its made by the defence were t hose f well-known citizens of Kich'and 'ounty. This argument is illogical lid a Circuit Judge knows one maVl ike ai.other and supposes them all tc >e fair-minded. When the defence says that Mr..\V. C Clark, J. J. McMahan and W. II. Ales allirm that tlie* defendant is a nurdcrer I his does not debar 1 licmfrom aying lie can receive a fair trial liere, I'hey do not allege thai thc$e gent l<v nen would lie: that their prejudice las carried them so far thai'they canlot tell the truth. The prosecution Iocs not make the allegation that 11 it lirce hundred an^l. tlfty^'nien wlic nade atlidavits for the defence would [ivc.lim Tillman anything hut a fail rial. The four hundred and liftyaf iants for theviefence, who swifre that rillman could get a fair trlaf,*certuiiv y would give liiin justice. The (Jon/ales brothers and James A loyt, who were so much attached t( lie dead editor, would not sit on t he ury. (Sen. Bellinger made reference tc he case of the State agaihst Williams VI that tnnehoth sides Could object o twenty men and the State could tand aside t he cut ire. venire, Sinci lien every change in the erimina rials has been made in favor of tin lefendant. (Sen. Bellinger said (hilt in,his lon^ xperienee he had never seep i;ert itii* :xtracts of Circuit Judges' opinions 'c furred to. They should liave u< vcight whatever in this case. The Jlidavit made by Mr. John IV Thomas, in t he case of ( raw ford, w Ik (Continued on page 1.1 THRILLING- STORY , From the Records of the Corps of Cadets of the I 1 VIRGINIA MILITARY ACADEMY. In tin; \V?ir ol* Soutlif11? Iittlcpemlence. I'lii' (itillaiil CliurKe of tin* Roy Itnttnlioii at Now Murker. It, is a record unexampled In history, this storv or some two hundred and twenty-live-boys, under 18. participating in a sanguinary and hardfought battle, where the service they rendered was so timely and effective, that it materially contributed to the fortunes of the day. In the month (if May, 1SR4, three bAttlcs were fought on the soil of Virginia. Two ! were on the eastern side of the llluc Uidgft Mountains, and one in the , famous V;\Hey of the Shenandoah, where stil< walked the wraith of Stone' wall .laokson, dead at (Jhauccllorsville liic- .miy pre-vimis. 1 in* gigantic cotillicts of the Wilderness and Spottsvlvania Court House, May f> to 7 and May H'td 18. which till so large a space i on the cAnvas of one of the world's greatest wars, would inevitably throw into the shade the small buttle in the valley, but for the romantic circuinj stance that on the Confederate side ! it was partly fought by the cadets of ! the Virginia Military Acadtutc. Yet 1 the battle of New Market was in itself no insignilleaht factor in the defence ! of Virginia and the protection of the! ! Confederate Capital. The Federal general, Si gel, who had j established himself at Winchester, in j April, had a force of about 8,000 ini fantry. 2.500 cavalry and three or j four field batteries', and was making ( ready for a forward movement. To j meet* hitn, Gen lmbodin, of the Con-j J federate cavalry, who was in camp in , ltockiugham County, over seventy miles from Winchester, advanced wltli | a force of 1.402 men and loo scouts, | who operated in Sigel's front and rear, i The "reserves" of ltockiugham and ; Augusta' comities, about 1.000 men, 1, were notified to be ready at a moi inent's warning to join hnboden, and , j tlie same order was sent to the comi granted bim a respite of seveial days, : which enabled Gen. Mreckinridge to j rcacli him from Southwest Virginia ; witli 2,500 veteran troops, lircckiuridge tlicn took command, and the liattle of New Market was fought on I the 15th of May. The scene of tire contlict, a little village with a populaj lion of one thousand souls, nestled , between the mountains and tire river, ; in Shenandoah County, its undulating J ground smiling with orchards and gardens and fertile fields of grain, i The cadets left the Institute on the j lltli of May. They were up lie fore I I daVhreak makinc th.Ur ni'ftnaniii.i.u I and, after an early breakfast were on ! the march. With the ardor of youth they went joyfully to the fray. One ' of them, ten years later, recalled the sensations of the hour "as the most joyous moment of his life.'1 The boys I in their gayety and exuberant spirits shouted and sang and whistled as they swung along, all of them joining, now and then, In the chors of some favorite air. ArriVed at >Staunton they had ! yet,. thirty miles to make l>cforc reaching New Market. It proved a long ! and toilsome, march altogether, of , lour days1 duration, through falling j ! rain and wet fields and mudy roads, i Hut-the. battle day dawned bright and j beautiful, though a terrific thunder j i storm came later, mingling its terrors I and. grandeur with the thunder of the guns. The boy battalion on their ar- j ij rival were quickly in line, having been 1 assigned'a central position so as to lie , as little exposed as possible. The j .gallant.. JventucTcian .iji command,' gentle and brave, ipui one of the. i handsomest men to Iki fouu 1 in either . ;,army, on whom had fallen the man- i *j t Ifu-and with .it tin; spirit., of StunewhO .lack-son, -looked tCHderly upon . the youths, called from their stu lies to-face a'field of battle, and would Caih iiavp Spared them ll tiery or.ijeal. ... . * 1 tiding up to the -adct corps, just , lie for C tl'^ 'engagement, his graceful | and commanding figure a conspicuous 1 olqpct bu,.(.he .field, (run Breckinridge 1 said: "Youiig gentlemen, I hope 1 will not. have to call unon von J hut 1 .Itiiow if 1 should he obliged to do'ffolhiit you will do your duty." And uohly did t hoy respond to this expectation.' The buttle was progressing 'successfully- for trtie Confederates, though stubbornly contested by tlie j IInlorf forees when ;lterrible tire*met' IJuxikinrklge from one of Sigel's , batterips, . wliich. was on elevated t .ground, doing, much damage to the , Cdnfedejratc ipfantry. It was then, > aV_ alxtht .2 o'clock m , the day. that Ih'e. cadets were called into action, tTToiitfh they' had al ready suffered several ?asoalties from random shells. * The boJ'fci* with- the agdity and en| thusiasm'of- their -years, outran the ,i veterans wlio were alongside of them, I 'Cross!n'lf'flfdeep and rOck guliy about i three hundred yards from the battery, finder the oorioentrated tire of its six I guns, .plunging through thorns and 1 |d>rl<*rs and over fallen logs and stumps ? of-trees. Then they waited for the * i'>2d Virginia regiment some two or three minutes, keeping their forma( tion with wonderful coolness wliile the battery was doing its deadly work I upon their' youthful ranks. When f the order was given to charge, the encounter was soon over, though the gunners stood gallantly to their guns until overpowered. A c:idet mounted a caisson and waved from It in triumph the Virginia Stute flag, the colors of the Institute, rousing a wild veil of triumph from tin* Confederates. There was then a general advance along the whole line and the hattlc was won. The cadets, out or two hundred and twenty-live lost eight killed and forty-six wounded. <Jen. Shipp hud Ijccii struck down.at a critical point in Uic chaise and I t Capt Henry A. Wise, one of the assistant professors, a young man not much over 20, a nephew and namesake of Gen. Wise, had fallen the command of tiie battalion. Capt. Wise tells Iiow, amid Lite noise and excitement, a tap on the shoulder arrested his attent ion, and the news came from a comrade that their colonel had fallen and he, as senior olllcer, must take ids place. The tittle confusion ttiat had arisen when Col. Shipp was carried to the rear was soon checked and Capt. Wise had liis command well in hand, showing conspicuous uallautry, coolness and decision. When the battle was over Capt. Wise had eight bullet holes in liis dollies, though lie could not remember how any of them came there. And In* relates that lnit.li I lie tails of his long military coat were cut away. In the two largo pockets were his pipe and tobbacco pouch, and the pipe was broken, hut a piece of it remaining. (hie of his tinkers was temporarily injured yet lie could not recall how or when. And to Ids memory afterwards the act ion seemed to have occupied hut a few minutes, though he knev that it had been much longer. Of one tiling at the end, however, he had a vivid realization that was the need of a new pair of pats, as li is own were so cut and torn. For this purpose lie went over the hattleticld to tiud what lie lacked on the fallen forms of his erstwhile foes, lie consoled himself for any impiety in "robbing the dead" with tiie reflection that lie was taking what was no longer of any use to the lifeless wearer. Iteing a very tall young fellow, it. was some time liefore lie found a man of his own height, and then lie discovered, as lie at IVIIipiVU LIU' lilSK, Wliat II <11. thing it. is to take anything olT of the rigid forms of the dead. He called a soldier to his assistance, who, in liis turn, appropriated the poor man's shoes. The p ints were carried to an old negro washerwoman to tie well boiled and "plugged" where a ball had gone through them, and then Capt. WiiPWWifPiWilliiPiP battalion. Capt. Wise has been for many years an honored citizen of Baltimore, Md., where he is connected witli the public school system, and lias made a reputation as an accomplished educator. Many touching and some amusing anecdotes are told of Hie lioy soldier; and their prowess. ?Jen. 1111 boden relates that Col. W. G. Lincoln, of the :t4th Massachusetts, was very badly wounded, and his horse having been killed, he wascaught under him. in tills helpless plight he refused to surrender to a cadet until the cadet threatened to run him through with his bayonet. And the incident is related by Capt. Wise, of a cadet who called to a Federal oilier to surrender, and the ofllccr? who despised his pigmy adversary, refusing to do so; the boy discharged his musket, indicting a fatal wound. "Oh, mister!" cried the tender-hearted youth, .as lie ran forward to help his dying foe, "I am sorry 1 shot you!" "And what a fool was I," replied the other, "not to surrender!" A small cadet, eager to show his valor, came excitedly forward to Capt. Wise with about eight or ten Federal soldiers, exclaiming in triumph: "See, Captain. I captured all these men myself!" But the Captain shrewdly sus pecien mm me soldiers were on the way to surrender themselves when tills doughty young gentleman came up with thein. Cadet Charles Carter Itandolph.a cousin of Gen. Lee, was the youngest l?oy In the battalion. At the age of fourteen he had-entered the Confederate service in a cavalry company from Ills native county, Fauquier. lie reported to (Jen. -Jackson as courier before the battle of Slaughter's Mountain, and carried orders for him to the front. I hit he was so small Gen. Jackson recommended that lie Ik- admitted as a cadet in the Military Institute. At the battle of New Market It is said that a Federal officer refused to surrender to him until the brave youth showed his readiness to use the bayonet. lie was soon afterwards desperately wounded in the head, so that his life was dospiredof, and it was fully a year before he was able to return to the institute. He is now a clergyman in the diocese of his near relative, bishop Alfred Magill Randolph, of Southern Virginia. Among the cadets who were in the battle was the young son of the Confederate Secretary of War. Mr. SedI don. Tlie story is told of Cadet Seddon that he was small of stature and so delicate that one of his .father's servants was employed to carry his | gun for him on the march. Gen. lmhoden had a boy brother among J these little heroes who was knocked down and disabled for the time by a spent, canister shot. Among the cadets who gave up their lives at New Market, Cabell, Stanard, Jefferson and Wheelwright were especially noticeable for their nubility of character and Christian graces. Cadet < aliell was the eldest of two brothers who were in the battalion, and his unselfish care and solicitude for his brother, their mother's darling, was remarked upon by his associates. < >n the night before the battle he told a comrade of his fears for the l?oy's safety, then went apart and prayed fur his brother, his coin radcs ami himself. And on the uior row lie was taken and his brothe left! Jacqueline Beverley Stanan lived for sometime after receiving hi mortal wound, and lie sent to 111 mother messages of love and farewell "Tell her." he said, "L fell where wished to fall, lighting for my conn try, and 1 did uot tight in vain. Tel my mother 1 die wit It full contidenc iu my God; my loved ones must mee me in Heaven." And. when from tli battlefield the distant shout of vie tory fell upon his ear. a radiant snail lit up his countenance and with : fervent "Thank Hod" the young her "fell asleep." Thomas Garland Jefferson, of tli same family as the author of tli Declaration of Independence, who tiai received the summon to battle as t a banquet, displayed a Spartan forti tude as he lay bleeding on the field To two of his companions who linger cd to give him some assistance, be re plied, pointing to the advancing line "You can do nothing for me; go t the front; there is the plaice Tor you.' Cadet Wheelwright, who at the ag of 14 had displayed remarkable coui age and daring iu assisting in tli capture of a vessel from sotre trai tors who had seized it, was the young est of three hrothers, two of whoii were in the Confederate, array. Think Ing to preserve their llenjamtn fron the fatalities of war, Ids parents sen Idtn to the Institute, and tie alon fell a saeritlcc. Surviving until th 2d of .lune, he bore Ids sufferings witl tile utmost patience and heroism sending messages to his family o Christian hope and resignation. An incident that has been classe as touching the "high water mark e American heroism" is related of one ( the cadets at New Market. Lieut Carter Iferkeley, of a Confederal battery, was passing over'he battU 1 field when he attracted by the c-ies < | a mere lad, who, grievously wounde , himself, was apparently unconsciou j of ids own condition in his d 1st ret i over his comrade. Hi; sat with th {latter's head upon his breast an called to Lieut. Iferkeley: "Sir, d ; get me a doctor, for my friend I i wounded." "My poor boy," replie I the otlicer, your friend is dead, but I will get a doctor for you." The 1 were, indeed, all worthy of their rac* j many of them being of gentle llneag and bearing historic names, in th noblest meaning, the "golden youth of the Old Dominion. And amon the cadets there were representative i also of the best blood of some of th i Southern States. Some years aftt | the war a Northern man came to th saying to the commandant: "Sir, was an otlicer in the Union army a the tsittle of New Market and was witness to the bravery of your cadets i and I resolved then that if 1 ever ha< I a son he should be educated in thi I school of heroes!" Among the cadets at New Marke ' was a young Israelite, born in Rich i motui, Ya., now the world-renowne sculptor, Sir Moses E/.ekiel. of Rorm : Italy. To him, most appropriately watt consigned the execution of th monument to his comrades, the coi ner-stone of which was laid the lot of May last, and which will lie un veiled June 2.1. It occupies a l>eaut! ' ful position on the parade ground < ' the Institute, in front of the entranc to the Jackson Memonrial Hall. A ; the cemetery of the Institute are th graves of the young heroes whos fame the monument commemorates. "Sleeping, hut glorious, Dead in fame's portal, Dead, hut victorious; Dead, hut immortal! I- They gave us great glory. What more could they give? They have left us a story, A story to live." Kate Mason Rowland. PULLED ARMS FROM SOCKETS. Strong Mao Iludly Injured in Trylti to Oiitpull liorMCH. A New York dispatch of Tuesda says; Sehastlen Miller, a profession; strong man, will he crippled for mar weeks as a result of the accident <i the l'lattdeutscher Volksfeast ; Ridgewood park wlien two horses 1 was trying to pull together ahno: tore his arms from their sockets. It i likely that lie will never regain li ! former strength. The act which Miller attempt* I was to strap himself to two oowerf | horses and drag them together t sheer muscular force. Two big hr wery horses were taken to the pai ! for the test. j* Miller strapped his hand Into looj that extended to a stout harne I around the horses, one on each si( I of him. A (treat crowd watched hi j as he strained every muscle of h ! powerful l>ody, hut ttie horses did n< j budge. The crowd cheered, and tnc horse frightened hy the noise, started 1 move in opposite directions. T1 grinding of the giant's hones could t plainly heard, his face was drawn wit pain until, when he could bear t i longer, he called for help Men rusi t | upon the platform and stopped tt i horses. It was none too soon; for the man | arms had been pulled from tl I sockets and the tlesh broken, lettii thin streams of blood course down h arms. A physician was soon wit j him. and after putting the dislocaU bones back in place he allowed h patient to go home. Now he is u able to use either arm, and the do tors say it will l?c a long time befo he will t>e well. ENDS HIS LIFE. r ^ A Doomed Negro Murderer Cheats f the Ga'lows I ; BY TAKINO POISON IN THE JAI L II e ^ \Vlioro lie Wiih Closely Co?.tinotl e Awaiting the Venx.'it'ieeofilie ( I.aw l??r Ills JleiiioiiH IJ Crime. c John Brownfield, the negro who nmre tiered Deputy Sheriff Scurry at GeorgeJ town in September, l'JOO, and who was " to have been hung last Friday, Committed suicide in I.is cell on Tuesday, . June 22, by taking poison. The Char! lesion 1'ost correspondent says it is not ' known how lie obtained the stuff with o . ? which nc Killed nimseir. There has e been some talk of the possibility of the - condemned man taking his own life R and cheating the gallows, but there was little expectation of bis tjeing able ,, i to accomplish it. Itrownfield made a remarkable tight to escape the pal- ^ cl ' -r n lows and carried his case to the Sut prcme Court of the United States. He e inid exhausted every resource to save e bis neck, when finally be took his own h life in the very shadow of the gallows. Itrownfield killed I leputy Sheriff f Scurry on September .'to, 1900, resisting the deputy's undertaking to arrest (] him in a barber shop. The killing ir caused great excitement and a posse. went to the woods and captured , Itrnwntield and brought him to Jail. ^ There was some talk of lynching and the negroes began to gather from the surrounding country to prevent any (j such proceeding, and afterwards with j |S the purpose rescuing the prisoner from | /s the jail. The situation became very I lC bud and there was imminent danger of I ,1 a race war, when Mayor Morgan ap- I () i pealed to Gov. McSweeney to order out ls the militia. The Georgetown com,1 i panics and Major Schachte's command j from Charleston were quickly brought .. | to the scene and their presence cstab, llshed order and the trouble quickly 2 subsided. [e brown Held was tried and convicted in December, 1901, and was sentenced to bang, but he appealed to the Su- , '. ,s prcine Court of the State, which sustained the judgment of the lower . v ,r court. His case was then carried to [e the Supreme Court of Llie United * 1 of denialo^onsUuiUona^iguls^i^^^^^^^^^^^^^^l^H^ L ing the last appeal tribunal to the ;i murderer. On last Tuesday tlie ne' gro was brought into court and finally .j sentenced to be hanged on Friday, s 2<?. He asked that Mayor Morgan and three prominent citizens of Georget town would see him and .to them he appealed Tor influence wttli the Gov(j i ernor to have his i^numce commuted . . ! to life imprisonment. They declined to do anything, but recommended that he endeavor to enlist the sympathy of his .. victim's brother, G. W. Scurry. Mr. Scurry refused promptly and emphatically t<? raise his hand in the negro's j. behalf and declared that he would (f spend every dollar he had to bring his e brother's slayer to justice. t e A Florida Tragedy. e W. lb Hunter and Mrs Ceph; s Kiland were killed and Cephas Eilano ! Iwidly wounded in a shooting affray atSprink Hake Fla. Wednesday night. ' Kiland and Hunter are brothers-inlaw, but were not on g(K>d terms. Hunter was in Hrooksville all day Tuesday attending Court. He left early in the evening and instead of going directly home went to Eiland's. What occurred there is told by Eiland, the only survivor of the tragedy. He says Hunter being under the influence of whiskey, began using very profane and abusive language In the presence of Mrs Eiland. Eiland ordered him to k | leave. He puled his pistol and began j tiring at Eiland, who returned the tire. |.Mrs. Eiland sprang between the two i while they were shooting and was in^ Istantly killed in the presence of her ll ! I h r?*<> littlo nhllHi-on A .v...t....? ..v.. V.lJfUJTllIK iy J his pistol Hunter ran a short distance land died. Hi land is badly wounded llosiou Menaced. le A new terror now menaces lioston. s S< unebody claims to have discovered,by 's scientitlc methods, that the eity is is slowly sinking to sea level. It is asserted that there has been a drop of >fj of about a foot in the last ninety ul years, and that the depression is steadily going on. Hut, in view J the weight of Hoston intellect, the wonder is not that the city is l>eing mashed under, but that It has held )S up so long. IliiililiiiK" Destroyed. m The most spectacular demolition of is buildings in the history of the world it was begun by the Pennsylvania railroad Wednesday in the very heart of s, New York. Four hundred buildings, to including three churches, a hospital ie and a charitable home, will lie made >c one grand ruin in order to erect a ,li mammoth station in connection with in that road's tunnel project from New ?d Jersey to Long Island. 10 J Another l.yiictiiin;. A 's A mob of fifty masked men Thurs- M ie day morning hanged Jack Harris, a JH ig negro, to the porch of a building in Jg is the suburbs of Clarendon, Ala., liarh ris assitulted and seriously injured flfl si John Coburn, a white farmer, who ^Hg s lives about eight miles from Clarendon. n- Tin* assault was committed Sundaj rWk c- and Harris captured the following. f re The mob forcibly took him from the f custody of the slieritT and hanged him. .TflHI