The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, September 04, 1912, Image 8
FERGUSON CASE
IN COURT TUESDAY
Supreme Court Granted New -
i
Trial.
MANY CASES HAVE BEEN DISPOSED OF 1
i
Nol Pross Kutereri in Some I
Cases?Several Conviction*.
The first two days of general sessions ,
court witnessed considerable progress in
disposing of cases for trial at ?his term.
The following cases have so far been 1
disposed of. 1
James Washington, larceny of live stock,
pleaded guilty, sentenced to three years. 1
William Holmes* violation of dispensary .
law, not guilty. I
Cleve Johnson, housebreaking and lar
ceny, pleaded guilty, sentenced to live
years.
J. C. and Andrew Belcher, assault and
battery, guilty. Sentence not passed yet.
NO BILL.
No bills were found in the cases against
the following:
Coleman Thomas and Willie Watson, as
sault and battery.
FEKOtTSON CASE.
The greater part of Tuesday was con
sumed In the trial of the case of the State
against J. H. Ferguson, charged with mur
der. The case went to the jury yesterday
afternoon, but at this writing the verdict i
its not known. Defendant is represented
at this trial by, W. N. Graydon, Esq.. aud (
J. Moore Mars, Esq.
Ferguson is charged with having shot
aud killed his father iu a difficult which
occurred iu the hou6e of the son. The de
fendant set up a ploa of self defence and
accidental killing, claiming that his father
was advancing upon him with a knife and
that the pistol which he pointed at him iu
au effort to stop him was accidentally dis
charged, causing his death. i
This case was tried at the September, (
1911, term of court for this county, beforl
Judge Gage and the jury found the defeu
daut guilty of manslaughter. Upon an
appeal to the supreme court the judgment
below was reversed and the case was re- '
mauded for a Dew trial.
The principal grounds of appeal were
alleged errors on the part of the presid- i
ing judge in referring to the social rela
tion of father and son rather than to the j
legal one of deceased and defendant, and
also that the charge of Judge Gage con
veyed to the mind of the jury the impres
sion that the defendant, having set up a
plea of accidental killing it was incum- ,
bent upon him to t>rove by the pre ponder- 1
ance of the evidence that such was the I
case, when, as a matter of law, the burden i
of proof rested upon the State. ]
With reference to that part of the charge ,
which appeared to stress the relationship
existing between the two men, the su
preme court savs:
"The law is no respector of persons. 1
Whatever may we may say or think us 1
to the social ami moral aspect of the cue.
4i?. 1??- o fAYi fho oumo hi <la.
tlir XtLVi ^ivco a m/n mv ???uv < v*r '
fend himself against tlie unlawful and
deadly assault of bis father that it does U
defend himself against the unlawful and
deadly attack of any other person."
With reference to that part of the charge
referring to the burden of proof the su
preme court says:
"Taking the charge on this subject as a
whole, the jury may have concluded that
the burden was upon the defeudant to
prove that the killing was accidental,
which is not the law."
True Nofatenem.
To lore the unlovely, to sympathise
With the contrary-minded, to give to
wju uut'uauiain^ iu ivr5?fo swtu <m
never pity, to be Ju?t to men who
make Iniquity a law, to repay their
ceaseless hate with never-oeaatng lore,
is one of the noblest attainment* of
man, and in this he beootaei moat di?
Vine.?Theodore Parker.
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When your Shoes need
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Opposite Publtc Wagon Yards
ABBEVILLK, 8. C.
rillman and Blease
Write Letters
(Continued from llrsst paj?e.)
lid not say?for instance: "To liell
with the constitution" was used by
rue in' this way?.Jones said that the
cnanh hill was imconstitll
lional. I said that if there was any
thing in he constitution which forced
the white ladies of South Carolina to
associate with negro men, then to
bell with the constitution, and every
honest white man in South Oaiolina
whose mind it not disease*' will
thoroughly agree with me in is
statement
1 said, at another time, that if I was
debated for reelection by the old
Haskellite crowd that 1 would make
them sweat political blood. I meant
that when I said it and I mean it
now?not by pardoning criminals,
which you seem to have dreamed with
your eyes open, or by any other mal
administration of the office of gover
IIUI , UUl OlllUUJ 111 a pvnbivu* n .
Now, you see, sir, if these two sen
tences had been published in full
none would have had a right to have
complained.
Fight of Legislature.
The last session of the legislature
fought me bitterly and unjustly1?
Jones, having been brought out for
governor, remained in Columbia prac
tically during the entire session and
directed its affairs for selfish interest,
and no for the best interest of the
people.
When the/campaign first opened,
he and his friends pitched it not on
measures or principles, but on me and
my personal character. Jones charged
me and my friends with being an
archists and charged me with being a
crook by protecting criminals and
otherwise. I, to, made many speeches
before the opening of the campaign,
but never referred to Mr. Jones at all.
At Sumter, in my opening speech, 1
rliri not. He followed, and his bar
raugue was bitter against nie, and
from that day until the close of the
campaign he never presented a sin?le
reason why he should be governor of
South Carolina, but took up his time
abusing me and my friends and trying
to explain the miserable record he
made as legislator and judge. '
At Bishopville I exposed his record,
and, after that speech was read by the
people of South Carolina, Jones might
as well have retired from the race, for
iie never had a look-in from that time
an.
I conducted my campaign on a higli
plane, but having been most severely
criticised, lied on and abused. I struck
back and in no uncertain terms.
When the Augusta slush came for
ward and the John Grace filth was
poured forth, when dirty and filthy
circulars, unsigned, were slipped v.n
ler the doors of the people at nighl
and broadcasted throughout the sale,
when the ministers and preaxnen
were praying against me, and when
the newspapers, every issue, wor? her
alding slanders, vituperation and
ibuse against me, I continued to hold
my temper, did not get mad?as they
hoped I would do?and aven when
Tones Insulted me, I had too much re
spect for his gray hairs and old age
to even slap him with my open hand
Some may call this cowardice, just a?
?ome called it cowardice when Gen.
Butler gave you a general cursing on
i railroad train when you gave ap
ruui Cituoc iui uuv a cotuiiug it uuvi
ie had only one leg.
At Heleiut la 1890.
I had every reason ?. to believe?
laving stood by you in 1890: at Hel
?na, when I stepped between you and
i man whatiahodlspo -i-'nd,qet o$.i j
i man who had a pistol drawn to
(ill you, and when the crowd rushed
forward and broke down the platform,
[ had you picked up by your admirers
ind carried into my father-in-law's
iome (which was In a few yards of
the grove where you were speaking)
'or protection?that you were my
frlonil
In the legislature I differed with
rou sometimes and did not vote ac
cording to your dictation, but, ^ena
:or, I have never worn any man's po
litical collar; have never been bossed
sr dictated to by any man, and I nev
?r expect to, for I have been elected
governor of South Carolina by the
people and I recognize no boss but
:be people, and the people have shown
last Tuesday, that they recognize no
toss at all.
In addition to my political support
?f you, the position which I took as
lawyer and witness in saving the
lame of your distinguished brother'*
ion from being written upon the page?
>r tne t'oum Carolina penuenuary
records?while my position was true
ind thecorrect one?incurred for me
:he hatred of the editors of the Co
lumbia State, and from that day to
;his nothing too mean or bitter could
lave ben said by hem about me. And
Ahy? Because I stood by a Tillman.
Certainly then I had the right to ex
pect that you would not take any part
n the race for governor, but on the
contrary hat you were friendly and
Lhat if you were not friendly, most
assuredly that you would be neutral.
Particularly, senator, when my defeat
would not only have ruined me politi
cally, but blasted my personal char
icter for all time?and yet, through
jut the entire race, I spoke kindly of
>UU auu aivvi JVWI jvww ??
published, when friends phoned and
wired me what to do in regard to you.
[ said that I was willing for the peo
ple of South Carolina tJ pass between
us and say which one hey wanted, or
if they wanted both.
In Washington Mrs. tilease and
VTra. Tillman were both present when
the coacer*attoa I referred to look
place. You say Mrs. Tillman could (
j not remember, but 1 wish to say to '
' you, sir, that the veracity of ladies
should not be involved in such rnat
j ters. You may speak of it, but I shall
I certainly not bring either Mrs. Till
man or Mis. Blease into this coutro- ]
versy. <
As to Charges. 1
The charges which you have seen
lit to refer to in your- letter have been (
absolutely and llatly refuted (see re
. ply to Augusta slush and other replies '
j which I have put forward during this
campaign). I have never received one <
cent for granting a pardon, nor have I
I ever received one cent for any offl- '
O^finn oinr?a T hfiVP hppn PX>VPI*- j
nor except my salary from the state of
South Carolina. ]
You did not coiue to me or my 1
friends for explanations. You took 1
the newspaper articles for it, when t
you, yourself, say that they lied most <
maliciously on you. . J
My dear sir, what about the charges
against you? When they claimed that i
Hubbell sent you $20,000, which Lyon f
and Christensen had the Rev. Mr. j
Turnipseed brought before them to ,
prove that he delivered you the pacfc- c
age while he was express agent at Co- I
lumbia? What about the piano they j
claimed you received? What about the_ (
Hubbell money they say you received? t
What about the articles which they t
say werte sent you by Neill from the *
penitentiary? What about the Oregon ?
land deal, which Mr. Roosevelt laid at i
your door? You said they were un
true, I believed you, senator, as your |
other friends believed you.
If you want some further informa
tion as to some of the investigations
which were made against you by Ly
on and ChriBtensen, I will be pfeased
to furnish you with copies of the Pin
kerton Detective agency's reports,
which were filed with some members
of that committee, hut which weref
never made known to the full com
mittee and never made public, and
which I have been only able to get
since 1 have been governor of my
state.
You say "Haskellism and Blease
isin" should be buried in the same
grave. The men?the laboring people
?who buried Haskellism brought
forth Bleaseism and they are faithful
ly protecting their cause and loyally
upholding their chief. Nobody can
truthfully charge me with not being
governor of all the people. I have '
stated on the stump, ofen and repeat- *
edly, that when it came to holding the c
scales of justice between my fellow- =
men, that in the discharge of my du
ties as governor, if I found that my
enemy was Tight and that my friend
was wrong, that my enemy would be t
upheld and that my friends would go '
lown, and such replies as "That is
right!" "That's the boy". "We know (
it, governor", and loud applause have t
come back from the audiences. I ad- ;
led to that, that when it came to giv- (
ing out, political 'patronage, "None but ..
a Blease man need apply". I mean
It, senator, because I believe truly and '
honestly that a man should stand by ,
his friends, and you should have stood i
by me. (
You charge me with ambition. 1 '
had no ambition, senator, but to be ^
suveiuui ui m.v [itjujiie, we uin,} tun- r
bition that I had, or that I have, ie i
to serve my state and ray people fairly
and impartially, 'honorably and ,
straightforward, and to stand by my {
friends. ;
State House Speech. '
(
In closing my speech on the state '
house steps a few nights ago, I said: j
"My friends, disperse and go to your (
homes without a parade and without 1
boisterousness; try and forget and
forgive the bitterness and hared of
the campaign; let's all join hands with
our fellow men, both our opponents a
and our friends, and work together in '
one common cause?for the uplift and o
upbuild of the people, the peace, hap
piness and prosperity of our state j.
and of ourselves, and may God, in t
His all-wise providence, direct me
that I may serve my people better and f
that I may serve him beter in the fu
ture than I have in the past and may a
we all sing, wih one glorious acclaim, jj
"Praise God, from whom all blessings t
flow'I repeat that now, senator.
Will you join with me and help me, or jj
will you join with those who are en
deavoring to show that white South \
Carolinians have stolen from each oth- *
er at the ballot box, and further en- <_
deavoring to show to all the nations of
the earth that your father and mine Jj
(and you) are raising your children to J
steal from each other and defraud at
the ballot box? ,
I believe that I have been elected c
fairly and squarely, for, so far as ev- v
ery recount that has ben made, shows ..
a gain for me in the votes cast. The n
people have risen; they have indorsed r
me in my administration, giving me v
a victory?the greatest the state has ?
every known?and we propose to have \
it stand.
You speak of Dr. Babcock?to this
I need make no reply; for, you, your
self, have admitted enough.
As to helping me grant pardons, or
giving me advice, I thank you very
much. If your services are needed,
you will be called upon, but you need
not at all fear being disturbed from
any of your regular duties, along that
line.
Von o 1 lwi ir I ct a1 nn Hi A (1 f .
J un airu oa? i nmc oiuicn mv UL
fectlon of your people from you. Not
true, senator, in this contest and
crisis of political affairs?it is not
that they love Tillman less, but that
they love Cole L. Blease more.
Very respectfully,
Cole. I* Blease.
If Con key's Chicken-Pox or Sore Head
Kemedy don't jrive satisfaction, your mon
ey i-tieerfully refunded at Thtt McMurray
Drug: CMupriiy.
State Committee Did
Not Declare Result
(Cnutiuued from first page.)
tils brother would receive a square
leal in the investigation even though a
majority were opposed to- hirn politi
cally.
"All that we want is a fair, honest
sount," he said.
Air. Blease voted for the resolution
xs finally passed.
Will Be Fair.
In reply to Mr. mease Mr. sieven
son said that it. was the purpose to
jive both candidates a fair and honest
leal and that nothing of a partisan
lature would enter into the delibera
;ion.
"It is the duty of the committee to
ivrite the word clean across the nora
nation for governor and we do not
propose to do otherwise," said Mr.
Stevenson. Mr. Stevenson said that
he situation should be given publi
city so that the people of the State
night know what was done and that
'air play was given every candidate.
The committee met yesterday at
loon in the library at. the State house
or the purpose of declaring the re
sults of the primary election heid
ast Tuesday. Several members were
lot present, and it was found that the
jfficial returns had been received
rom only 32 counties out of 44. Upon
idoption of a resolution, John Gary
Svans, the chairman, appointed a
:ommittee to assist Christie Benet,
he secretary, in tabulating the vote
or the various offices. The members
>f the committee appointed were R.
3, Caldwell, Chester; W. F. Steven-;
ion, Cheraw; James B. Park, Green
vood; W. B. Wilson, Jr., York..
The following resolution by Dr. t. j
I. Dreher of St. Matthews was adopt
;d by the committee.
To !S?fegiiard Primary.
"Resolved, That a committee of five,
ogether vtfth the chairman as ex of-!
icio member, be appointed by the
ihairman to revise and reconcile the
:onstitution of the Democratic party
tnd to devise some means of safe
;u. ding th? primary elections and re
>o.k same *to a meeting of the State
jxecutive committee pritfr to January
[, 1914." I
In introducing the resolution Dr."
Dreher said that unless thpre was
lome restriction, it was only a ques
lon of time before the primary svs
em would be abolished. He declared
hat the politicians of the State had
>een afraid to tackle the question and
hat it was time for the executive com
nittee or some other body to take
ictlon. He thought that the system
lad been abused in many instances.
Dr. Dreher asked for expressions on
he question before it was put to a
ote. The committee will be named
ater by Chairman Evans. ,
Discussing the question, Mr. Ste
renson said that he favored the res
>lution. He declared he was satis
led that the result in Chesterfield
41 ? 11.. i U..1 I
:oumy was prmjuiumj uunai, uui
some questions as to illegal voting
iad been raised in various sections
if the State . He thought It was the
iut.y of the executive committe to
sift the entire matter and to be sure
hat the nomination was clean before
he result was declared. He said the
ounty executive committee should be
required to lay all matters before
he committee. Every club list and
>oll list where there is any doubt
should he thoroughly investigated, he
said. The county executive commit
ees should be given the proper in
struction's as to what is to be sent up
or -the consideration of the State ex
ecutive committee, he thought.
The official returns have not been
eceived from the following coun
ies: Aiken, Andersor*, Beaufort,
Charleston, Georgetown, Dillon, Hor
y, Kershaw, Lee, Oconee, Spartan
)urg, Sumter and Union. The returns
vill be turned over to the members
>f the special committee, and a e
jort will be made next Tuesday.
?liar ?e ^ever rurget
iccording to science, are the things
issociated with our early home life,
such ;as Bucklen's Arnica Salve, that
nother or grandmother used to cure
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'ruptions, cuts, sprains or bruises,
i^orty years of cures prove its merit.
Jnrivaled for piles, corns or old sores.
3nly 25 cents at P. B. Speed's and Mc
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PERSONAL.
Mrs. It. V. Woodward, Mrs. A, E. Davis,
ind Mr. A. E. Davis, Jr., of Winnsboro,
rere in Abbeville last week to attend the
itark-Davi6 wedding. They were guests
if Mr. and Mrs. J. D. Kerr.
Mr. A. H. Gibert, secretary of the Gran
toville Manufacturing Company, left yes
erday for his home, after spending a few
lays at his old home here.
Mr. T. A. McAllister, of Augusta, Ga.,
ormerly a resident of Mt. Ca'rinei, paid a
(leasant visit to friends here yesterday.
Miss Luey Calvert, Miss Bene Watson
.ud Mr. James Sherrard spent last Sun
lay with Mr. J. V. Elgin at the home of
lis parents in Anderson county, making
he trip in an automobile.
Miss Alice Elgin, sister of Mr. J. V. El
:in, has accepted a position in the milli
tery department of Haddon-Wilson Co. i
Miss Ruth Todd and Mrs. Todd, of Due 1
Vest, were in town Tuesday. Miss Todd, 1
rho is a graduate of the Woman's College i
,t Due West, will take a post graduate
ourse at Erskine the coming session.
Mr. and Mrs. John Magill, of Due Went.
iave removed to Abbeville and will con
luct a boarding house in the dwelling of
Ir. S. T. Eakin on Washington street.
Antoine Delcria, postmaster at Gar
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Lady Mary Wortley Montagu wrott
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jharJesion and Western Carolina Kj
Hohedule fa otfeot June 2, 1912.
Ualiy L>mi>
L.v Auguota 7.15dm 4.20pm
U McCormlcK D.uaatn U95pm
Lv Green wood It'.Olam 7 01pm
\r Laureni 11 10am 8.10mp
LiV McCormlck.. 9.10am
l/V Calhoon Kalln... 10.17am
\r Anderson 11.50am
Ex. MUD.
Lv Laurens 8.12pm 8.10pm U.25pir
\r Kounlalu Inn... 8.50;>m 8.50pm 10.29anj
\r Greenville 4.40pm 9.3>>pm ll,25Hrri
l?v Laurens M.li>am 8.10pm
Liv Wood'-utl 11 ft^m 8 5tipm
\r Hpiirl anbure J2.40pm !l.40iwn
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L?v Spartan burg 5.2opm 10 80pm 4 15pm
\r Hendersonvtlle 8.07pm 1.00pm 0.29piu
^.r Ashevllle U13pm 2.10pm 7.3Jpm
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jv Ashevllle 7.00am 4.10pm 10.2iaoj
\r HenderoouvUle 8.05>im 5.15prn 11.20am
*lt Spartanburg lO.S&am S.OOpm l.lOjuu
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LiV SpartaDburg.... 6.50>im 5 02pm
vr Woodruff 7.tf5nm "j.47pm
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Vr Laurens 1.45pm H.iOem
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jv Greenville 12 20|>ra 7 00-im
jv Laurent) 2.05pm s.LHnm
j\ Clinton 2.SWpm 8 Mum
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Vr Columbia 4.55pm 11.15am
Vr Charleston 10.30pm
jV Anderson 5.40prn
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YPEWRITER BUILDING, NEW YO
Branches in All Principal Cities.
' v \ ' - . 1. :
:nd NO monl
t Sonth's Grcates
! Hake It Easy For Yon, And Thfe
OUR CHAN
it in today. You "get the RURA
1 Qt 1 ITAII now lit 41 OA for ttlA tl
A/lWf J V/U W T*>VV MWW
e of a splendid array of premium
SCRIPTION BL
Send II Now, Lest Yob Forget
1ST, 20 S. Forsyth St, Atlanta, (
o enter my subscription to the I
e to start my paper at once. On
eriod. This order is given with tl
R.ALIST at any time by paying tl
1 jf/VV < '' 'x,tW, . v ; ; *1
or R. F.
Post Office.
. . t
8having Among the Ancients. ,
> Shaving was practiced among tbe
Egyptians early in the eighteenth oen
1 tury before Christ .The first mention
of It In the Scriptures Is In Genesis,
> where Joseph made s hasty toilet
when called to go before the klnf
and "shaved himself." Nearly a oenr
, tury later shaving the head Is men
' tloned. Ezeklel (B. C. 595) alludes to
the "barber's raw*."
CxpOMd.
, Transient?"Was the show fait
s night the real thing, as they adve**
u tlsed!" Uncle Eben?"Real thing,
i nothing. It was a fake. The boys e?
' poeed ft We got hold of the fellow
who pltiyed the villain, and after riding
( him around town he finally confessed
that he warn't ijo real villain after all;
|ust pretendiEiV?LlppJnoott'a.
r $$00,000,000.00 Lost Annually by Wage
Earners.
? Ort/tUr Mflmatoa that ahout
' ?J I . OUUlOl V.uuuiuvvW
: $80,000,000.00 in wages is lost annu
ally to the American people as a di
, rect result of colds. Use Foley's
i Honey and Tar Compound promptly.
> It will stop the cough, and heal and
; sooth the sore and inflamed air pas
sages. McMurray Drug company. i
SPLENDID
. . . . T(
New York, Pkilad<
Washington, s
i
NOW OFFER1
SB AB
All* LINE
Sclied
Leave Abbeville
Arrive Richmond
" Washington
44 Baltimore
44 Philadelphia
44 New York
All trains carry through Steel
ing-Room Sleepers, which nowente
Station (in the heart of New York (
No* 32,44The Atlnnta-Birmingl
Observation Car, Birmingham to N
All trains en route serve meals i
Any agent of the Seaboard can
ules, rates, etc.
Aaeisi
_ v yr<tx
Guaranl
That ttfRoyi Sundn^Typrnttcr j
k nwdt at dw ( ??*
lab ob>rtMtl? uf > tb?
Ihl H *0 io trark at 6m I
bg?t quality for a |
leofth cf tarn ?
njf dUnr typ*wrtl?r,f J
niata cf priofc ?rj
i(SMtnrmna?nai
one of the largest and most
Do you think we would dare
the simplicity and durability
n the market)
ires of the highest
1 and get
/
;ompa
RK, N. V.
i
mmssm'
EY
m
V*
XC
fT
*( -V
\ b >
&
LIST 3 years, started im?,| ^
iree years. When we bill S
is just like you paid cash* *J
ANK
4 k>
,
. > ...
3a.'
SOUTHERN RURAL
4 A4 #1 T *?f
i April 1st, 1*13, i win pay
le understanding that I am
te subscription to that date*
D.
.State
*
Puzzleo.
"What's the matter, John?" 4rWhy,
ma'am, here's a note from the master
In which he tells me that he's off oa
ft HUM Qoiway ana ae waau wo vv
send his drawing materials aloof."
"Well, and len't that plain enough?" j
"Hardly, ma'am. I don't know wheth
er to send hla paint brushes or * corit
CUBW."
Her BcapowslbtHtlea.
It Is a woman's privilege to change
her mind,*ts a time-old saying. All
privileges carry great responsibilities.
If she has power to change heir mind*
she has absolute control over her
thoughts. And If they be impure, or
mean, or shallow, or false, or ungear
?>nim cHia alone Is to blame.
U. A. Smith, Bridgeton, Ind., had
kidney trouble for years, and was so
crippled with rheumatism he could not
dress without help. He started using
Foley Kidney Pills, and says: "I be
gan to get better at once, and now all
my trouble has left me and I do not
feel that I ever bad rheumatisril. I
rest well at night and though 59
years old, can now do the work of a
man of 35 years. I would like to be
the means of others getting benefit
from Foley Kidney Pills." Refuse
substitutes. McMurray Drug Com
pany.
SERVICE
t
elpliia, Baltimore,
and (lie East
SB BY THE
OAR D
RAILWAY
ules "
No. 32
.. 6.02 p.m
.. 7.22 a.ra
..10.17 ft.m
..12.14 a.m
.. 2.23 p.m
.. 4.40 p.m
Mo. 38
2.08 a.m
5.05 p.m
8.35 p.m
10.00 p.m
1.04 a.m
3.50 a.m
Electric-lighted Pullman Draw
rthe new Pennsylvania Railroad
lain Special," carries a thrown
e\v York.
In dining cars?service a Wt cu/i o
furnish information as tostl *
C. D. WAYNE,
tant General. Passenger