Historical Newspapers of South Carolina

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STJF "barber strikes back Some Very Plain Talk the United States Court "SLANDEROUS ANDFALS The Attorney General So Cliari terizcs Charges ot Conspicn Made Against Himself, t Governor and Other Sti Otlieers in the lllnthenthal Bicknrt Com plaint. Charleston,S. Oct. 7.?Son what of a sensation was cans to-day in the Lnited States c cuit court when Attorney Genei Barber, in a very eloquent spee< denounced certain charges in t bill of complaint in the case Bluthenthnl A- Bickart agaii Long and others, which case w heard yesterday. Those \v hea d the attorney genera speech said it was an able ell'o Every sentence was deliver with tolling elfeot. The b charged conspiracy on the part Governor Kllerbe, Attorney (if era! Harbor, Assistant Attorn General 'I' avnseu I, S \V. Van and other ofiiculs and constat)! of the state. The bill was aft< wards withdrawn. The court convened at o'clock. Heforc the continuati of the hearing of t!)e origii package cases, Mr. Uarber r< and said : Mr. IturliorN I'liiln 1'ulli. May it bleaso your Honor, ask your Honor, before resumi the case under consideration, hear a motion in the case 131 Utll^M thai A ITAfturt uimn Long and others. The motion under the supplemental hill complaint which was tiled at late hour yesterday aftefnor There have been in the course these^roceedings this eon from time to time, sworn stai ments and charges in hills of coi plaint which 1 have permitted go unnoticed ; hut, if your Hon please, the lino has been reach and crossed beyone which 1 c.i not permit t iese statements to unchallenged. 1'he occasionsliei lore, if your Honor please,neees tutes some very plain talk, at with your Honor's permission, propose to do it. I hold in r hand a copy of this l>ill of co plaint, if your Honor is n familiar with it, I would invi your attention to the alle^ati in the l>ill whieh is marked " pa?e 7. After alle^in^ vario things a> to some shipment- in the state and seizures of the liquors, the complaint a Hep that "the seizures above set 01 at I iiion, Klko and ('hester, said state of South i irolit.a, we made and done hy the sa parties ahove uanie<] hy t authority and under thedirecti of and pursuant to a eonspirat agreement and combination the said d f -ndants, William Kilerbeand Willirm A. I?trh? I'. I'ownsend, S. \V. Vance a , ... i i l.i.. oi . - mi hi i:uiiMinifn itiiu r iii-i i 111(1 of South < irohna, unknown your orators." 1 wonlil 111\ ite your Honor's i trillion further to the alle^ati in (lu> lull of eornplaint which iiiuiiIh'I ?m! on pane 8 there in which it ir alleged that "Vo orators further show that the s;i William II. Kllcrbo and Willie A. Harbor, ( . I'. 1 ow nsentl a S. W. Vance have, notwithstai in?r the rights of your orators importers of liqimra in ori^n unbroken packages in this ste under the coiiHtitution and la FLElVgEJJT of the United States, caused and s directed the agencies of your c orators at Union, Elko and Chester, in the state of South Caroli- I na, to be seized and the said goods I in of your orators to be taken pos-' f session of by various parties v claiming to act as state constables, r and that the said William H. c Kllerbe and William A. Barber, s C. I'. Townsend and S. W. Vance, c * for the purpose and with the in- c tention of evading the injunctions a of this court, have caused such a seizures to be made by different ^ state constables, in each instance, claiming that injunctions issued by this court and heretofore oh1 I I ,e* tained by vour orators for the I . e(' protection of their business as J ,r~ aforesaid in the state of South! . ,a| , j I Carolina only alFected the parties! , ?ll 1 named in said bill, and that the! 'le said William 11. Kllerhe and ^ ()' William A. Barber, C. 1\ Town-j j ,SM send and S. W. Vance, have! agreed, combined and conspired ^ 'lo I together and threaten with parties i unknown to your orators further1 rf I % I 8 i to seize and confiscate all goods , e( I of your orators in the state of j '' j South Carolina at the various ?' agencies hereinabove set forth,' ! . r !n'iand purpose to seize and con-j liscate such goods by authorizing^, ,(>t' different constables or agents in ^ I each instance to make such seizure; and that it is manifestly * 'impossible for your orators to i ^'Mtnake, as parties defendant to ( on this bill, all parties who might j lrt' possibly be authorized and ^ >so directed by the said William 11. | Kllerhe and William A. Barber, C. 1*. Townsend and S. W. \ ance. ^ I unlawfully and wrongfully to ng sei/.e and confiscate the goods oi j to your or itors, and that unless reof lieved hy this honorable court by ist the issuance of an injunction and ' is .restraining order protecting the of goods of your orators so shipped a J as aforesaid into the state?oH-* >n. South Carolina from such unlawof ful and wrongful acts of the said 1 rt, William II. Kllerbe and William . A. Harbor, C. 1'. Townsend, S. \Y. in. \ ance ami other parties to your ** to'orators unknown, ind the SI cents or by them appointed to do such ed wrongful arts, your orators ann remediless in the premises." ! c u.o ScrloiiN lt(tflrclloii<?< j re- I'iiese allocations, and kindred t ones in tins bill, rollout seriously, ,(b ino.-t seriously, upon tlie respon' dents to your honor's rule, that ? 11 v I have ttie honor to represent;! 11 rn* they relleet upon the olfieers ot i! the state; and, may it. please' s h your honor, more than that?they ! ?' on relleet seriously upon my assistant t and myself as attorneys of this j ,,r> court. ir 1 am guilty <>i entering ' lf" into a conspiracy to thwart the j 1 decisions of this court, I am tin- ' ;es worthy to practice here. If his t excellency the governor and the ' 111 othei state ollioers have entered < le into a conspiracy in restraint of < trade, which is a crime under the * l'e statutes of the I nited States, we <' 0,1 should he impeached and re- ' y. moved from olliee. a The charges. therefore, may it I " please your honor, are of the most 1 'r- serious character, and I take it t tl(' that the record- of till- court are \ lls u?'l to be trilled with. In uddi- i turn, these 11legations not only r reflect upon n< as ollieers and at- I it torneys of tl.is court, but there i on are charges in this hill that are \ is damaging to us .is individuals, i ? of, I'lu* charge contained in the alio-! f or gation marked "Q." "And your j ml orators further show that protec- t iiu tion of your orators in the prion- ; ( nd ises at law involves a multiplicity I ( id- of suits against all defendants, I as and that all of said defendants f ial are financially irresponsible, to- } ite tally insolvent and unable to ro- {| ws apond to any damages whatsoever ' 1 TO THE 3 (gainst them, or either of them, t >r any of them." <fcc. } May it please your honor, that t )ill of complaint Rtands sworn to >y Mr. Kickart, who swears to acts of his own knowledge. Can ve stand it? You have issued a j ule returnable on the 12th day ( >f this month. I cannot permit, md I will not permit allegations >f this character to stand tin- * ihallenged against my colleagues j md myself for a single day. The dlegations of conspiracy is NIsiideroiiM nnil FhIno | md the allegation as to financial t rrespoiiHibility is, as to some of t is at least, as false as can be, and t t i? as damaging as it is false. t What I ask, may it please your f lonor, is that we shall not stand t or days before this court with a, t ecord like this charging us with c in offense, with which it be guilty I should not be heard to m? ? w J i * noutli in this court and if my j c ulleagues l>o guilty they should i lot administer the offices in theji tate of South Carolina which t hey hold. ^ When I read the bill of com - i c ilaiht yesterday, feeling the out- je age that had been perpetrated - t ipon us, feeling it as keenly as I I an express to your honor, I sent ' i telegram to In* excellency the! J :overnor and the state com- , nissioner tor authority to de-i| lounce the charges as false and s intiue. and 1 speak tor my col- 1 eagues as well as myself, that 1 he charges of conspiracy between s he ollicers of the state of South | 'arnliua are absolutely and un- t inalitiedlv false. 1 state to your honor now, as 1 j lave always stated, that the of- ( icers of the state have endeavor- ( id in <^>>ry every instance in 1 hese proceedings to o'lj^v every 1 irder issued by this honorable/ ourt, and if this man who makes! lie charge against us ofconspira-l :y and iinancial irresponsibility, < o which , he swears, i# he has u his possession any proof, 1 ask ' our honor to force him to pro- | luce it at once ;n open court, or ( lereafter stand tin* consequences ( it I also s wean 11?r. <)n behalf of mvself and the ' C ither gentlemon who stand he- , or this court, 1 ask permission t o make t A 11 I inm<'<l i 1111- Iteturii, \ it the earliest possible moment, ' iml that your honor will at once ' ;rant to us a right to clear our- J elves of the charges that rellect ( igamst all of us as ollieers and as ndivulual citizens of the state. Now I jhave naught to say which trust the facts would not entirev sustain, nor would I -date any- ' liing upon mere suspicion : but ! here is now pending a proceed- . ng in the I nited States court ol ieorgia, instituted by the same ( lomplainaiits as in this case, m i vhich it is sworn that there is a onspiracy between the governor >t the stat" of South Carolina I tnd the Southern railway to sup >ress what they say is their legal ' Misiness. I think they magnify ' heir importance when they -up 1 )o8e that the state of South (,'aro- ( ina is aiming all it- guns at their , 'inn business in Atlanta, This nil cannot with mv consent stand ipon tin- record, and together vith the rule issued thereon pos , ibly he used in the hearing be < ore .Judge Newman, the district udge in Atlanta, upon a hearing here fixed for the Uth instant. I arnestlv ask your honor to hear ( Mir testimony in open court, and t am ready to testify, and my | iHsistant on my left and the two rent lemon on my right, who are >artias to this hill, to be insult rig a\il absolutely untrue, and 53 nJTER.FI he oath thereto is false. We ask rous honor not to have us forced o submit to these things. Thn Cbarfc?? Withdrawn. Upon the conclusion of the renarks of the ettorney general, dr. Gadsden, of the firm of Morlecai it Gadsden, stated thai J ipon the filling of the amended ind supplemental bill of Bluth- j mthai it Bickart against .1. G.I iOng and others on yesterday ; ifternoon, that he arranged for a ^inference between himself and he attorney general late on yes nuMv itncriinon at me t naries- i on hotel. That at that conference j he question of the charges of onspirarh made in the bill was i ully discussed, and that the af-j orney general had stated fully j o him the facts and circustances | onnected with the matter. That ie had convinced Mr. (Jadsden hat there had been, as a matter | it fact, no preconsidered arrange uei?t or combination or agree nent between the state officials ! o seize the goods of Hlnthenthal e Hickart, and that owing to the lose personal relations which ixisted between .Mr. (Jadsden and he attorney general he was satis ied that such statement made by lie attorney general was in every particular correct: and that in erview last mght he stated to he attorney general that upon lis statement of the fact* he was ati-lied that the charges made n said bill were incorrect and infounded, and that he would liis morning move the court to trike from the hill the names of limself, the governor, the assisant attorney general and Mr. fance; and that lie now begged o sav that, having been thoronghv satisfied bv the assurances of lie attorney general that the harces in said hill woro incorrect, hp coniplaintant asked leave to withdraw .said hill from the files' this eourt. The Dmiiberar Cuhp. - _ - .. The hearine of the Bamherc app of Ferst's Sons iV Co.. against,, f (i. Strcbel and others was then psnmed and arguments were 1 iiade hv Mr. Bostick of Walter^oro. Assistant Attornep (len>ral Townsend. and Mr. (truher >f Walterhoro. The eta to ela i ms that the a cents >f Forst's Sons A* Co.,at Bamnere. i so'd liquor to a drunken man. vhich is eontrarv to law, hence he seizure was made. The quesion as to what an oncinal pack1 fro lc xi* cx c o 1 er\ l\e/\ii f?l> t ???-v \ 1 ? IVwnsend i?] the packages of i(|nor ?(ilil were not original >aekaeeo. The case consumed lie entire <1 av's sitting of the 'onrf and was eaneluded at >Ylock. Vomit iou Ur/torf on f'otton. The bureau report iriven to Hie public bv the airri'Miltural de nnrtment at Washington Monday, ndieatos an avenue condition of r<? on Oct. 1. as comnarod with "S..1 uii Sept l<t. The avenue condition on Oct. 1. 1s0f?, was ft.7. and the avenue on Oct. I <t for the las) 10 veers i- 7 1V The avenues bv States are a"ollows: V i ruin in. 7b; North ( \nroina. 7s*: South Carolina, 7 1; Seortria. 70; Florida. 70; Ala >atna. 7;>: Mi?issipri. 71: l.onis una. 7'2: 'I? \m HI: Arkansas, '>7: Tonno?oo. >"?: Missouri. 7": iklahonia. MO; Indian Torritorv. *. > ?Tli-iv W'W |0 now oasos and "? deaths from vollow fovor ro f)o?1od on I rid iv last in Now trloans. It hut /1 ('out Tlio oxponsos of I ho rooont form of oonrt. although of onlv mo wook*-; duration. foot n|> as follows; < .rami .1 iir<>rs t as.00 Petit .lurors 271 .HO State Witnesses "25 Constables ami llailitrs 71.10 Total ... $888.85 1ISE. BEHOLD ANOTHER 4J00D TIME ! / WILL It UN AX Excursion OVEH THE 0. R. <StC, RAILWAY El'OHl LANCASTER TO G1FFXEV,S.C. THURSDAY, October, 21,1897. ('i/rx foe W/uti I*en pie. /L'vtiL n1 In) tt L'< tii .sln/ii n( / . ' f? / . Don't fail to take advantage of this opportunity to visit this wide awake and li ust lingeity oft lie Piedmont Itelt. The people id' ttiis young city are warm hearted and courteous to a fault and will spare no elforts to make the trip a pleasant one. For further infoiuation see hand hills. R?speetfully, F. R. Massey. (inventor Ml lor he Asks Ministers for Their Opinion. (iov. Mllorbo is sending out to nil the tninisters the following eiivnlar loiter, in which he asks their opinion in regard to the lii|iior problem : ' 'oln tnbin, s. ?<?? !. 1. 1V17. Itear Sir : The following questions are submitted to ministers throughout the state, for the purpo-n of ascertaining the sentiment and opinion of 1'hristain eiti/.etts with reference to the dispensary law. Please answer earli quest ion in the -pace following it. and after signing and stating to what denomination yon belong and your postnlUee addre--, return this in the enclosed envelope to the undersigned. Your prompt nttenLioii will he npprey^fed. ^ Very respe v yours. w. IT. Ki.i.kkiik, (.iovernor. 1. Has the dispensary system increased or decreased drunkenness or jjtinking in your community: and to what extent, indicating your opinion hy percentage of increase or decrease? .:. ?> urn is inc preierenre c?i your people as lit'hvi'i'ii (1) prohibition, (*2) dispensary law. and (8) high Ii "use, ^ under t lie t???f rietions in fhe^ .?t>le <'oust it ut inn. and which is most pract ieahle as a temperance measure. under exist ing eonditiotis 'i l.'etnnrks N'ajne l>enominat inn Post oliiee ( 'minty .... STATU NKWS. A lire oeeurred on Mr. Drayton ltrown's place near Prosperity last Monday night in which a large barn containing a quant ity of hay, fodder, ol p I lurnf Iiiip \? i > 11 I It eon I., ir ^ I It r.io mult-* aid three rows were destroyed. The place i- rented hy Mr. I.. S. Darby. There was n<> insiiranee and the origin of the lire i- iinkiiown.? Columbia Register. <>ct. s. Converse Collejje heiran it- eighth year with an enrollment ot ltl'2 -ludent s. The tobaeeo crop ol Darlington is reported a- being very good and bringing a good price. The remains (>f ihe late Dr. W. D Itratton. Passed Assistant Mirgon of the I nitetl States Marine hospital service, arrived at Winnshoro on the J : lb t rai ii, Oct. s, and were laid t ?> rest in the Kpiseopal cemetery at I o'clock. I.ieiit. ilagnnd, I . s, \. a former ('olmnhian. has been detaileti for duly at Sullivan's I-land. If <uilal)!e rate- can be obtained the cadet- of < I'tii-oii ( ollcg- will visit I lie State I'a r ?"sally \\ ;isliiti:;(i?ii, colored, died suddenly Sn11.1 iv tuormni; Inst <-l heart disease. ' die lived <>n Mr. A. W Heath's place jn-l fiver the state line. She ate a hearl y -upper Saturday ni^iit and went to lied apparently well She died early next morning. ? I nder the new Tariff Law the duty on horse -hoe nails, hoh nails and all other wrought iron or steel nails, is two and onet'ourt h cents per pound.