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* ' ' . ' " "M ; ' - - 1 * '/ .J ? . 'A-- . . , - : ' ( ^ Abbeville Press and Banner! Established 1844. $2.00 the Year. Tri-Weekly Abbeville, S. C., Friday, Sept. 30, 1921 Single Copies, Five Cents. 77th Year. DISMISSES CHARGE ; AGAINST ARBUCKLE COMEDIAN WILL BE ' TRIEE - : -ONLY FOR MANSLAUGHTER JUDGE LAZARUS DECIDES?If - '" : RELEASED ON $5,000 CASt BAIL. San Francisco, Sept 29.?The mur der complaint against Fatty Arbock le was deduced to manslaughter to day by Foiice Juage o. ??. buiius *?i? after the preliminary hearing helc the comedian to answer to highei court for trial on the lesser chargt growing out of the death of Virginu Rappe after a party in his hotel room: here. Fatty was -released on $5,00( f, cash bail tonight. When court adjourned a dozer women rushed forward to shake Ar buckle's hand and as he went int< the Judge's chambers his wife collapsed and he held h?r up and quiet ed her in an affectionate manner. The well known Arbuckle smjle did no1 appear and he .merely said "Than! you" to hand- shakes and greetings. While the judge said he did nol feel there was enough in the evidence 1 to warrant holding for murder h< eaid- he had decided to hold Fattj for manslaughter ana ieit aiso uourn. by the manslaughter indictment oi the grand jury which he said hearc more evidence than he was allowec to hear. "I feel that no rape or attempted rape was committed by the defendant on Miss Rappe," the judge said An assistant district attorney asked the judge if he placed no credence in stories of Miss Rappe's cries "he hurt me"' or the screams heard by s hotel maid but the court said they would not implicate Arbuckle in a 1 crime. \ > The prosecution also contended that the man should be either held for murder or dismiss the charge. "In my view," said Judge Laza# rus "we are not trying Arbuckle a. lone the screen celebrity who has given mirth to the world. We/ire in ** a sense trying ourselves, our morals and our social standards. The matter is larger than the guilt of tljis unfortunate. It is a universal issut. The affair was the culmination of' ar < * ? i/xtoic urjcy at vuu ui uui icauni? mv^w. ?.h orgy unrepressed by the managemenl is, I take it, a common matter in oui big cities." ^ m ^ SAD NEWS News was received in Abbeville V-?V' this morning by Mrs. M. R. Plaxcc of the death of Mrs. Mary Ransor Woodruff at her home In .Sanford Fkt. Mrs. Woodruff is the daughter of Rev. A. J. Ranson, Associate Re former Missionary to India and ii ' well known to many of our people She is a graduate of the Woman'; College at Due West and was alwayi a leader in. college affairs. She waj happily married some years ago t< Mr. Frank Woodruff of Florida an( hak since made her home' in Sanford Mrs. Woodruff has many iconnec tions over the state her mother be. ing before marriage Miss Julii Cowan of Due West and througl hear husband she was connecte< with the Devlins and Galloways o: this county. SLIGHT EARTH SHOCK ' \ FELT AT LOS ANGELE2 *-,* ___ Los Angeles, Cal., Sept. 29.?) slight earthquake shock was felt ii the southwest section of; Los Angele early this morning. The tremor last ed but a few seconds and no damagi was reported, COTTPN MARKET Best spot cotton was bringing 21.75 on tli* market today. The futures market remained steady throughout the morning, today's closing figures being - from five to ten points above yesterday's close. October closed, today at 20.70. / 32 CASES DOCKETED I FOR OCTOBER COURT Common Pleas Session Convenes Oc, tober 11 With Judge Mclver Of Cheraw Presiding * V Following is a list of cases on cal* endar No..l for the court of common *r pleas rwhich convenes Tuesday .Octo* ber lltb:. . . 1 Jno. Rv Mars> plaintiff?J. M; Nickles, vs. Bessie L. Pressly, defendant ?W. N. Graydon. . A. B. Hamlin, plaintiff?D. H. Hill, vs. Carrie Hamlin, admr. defendant " ?Wm. P. Greene. r ' w f r,nmQ?aftTi ?/)mr nlaintiff? ^ ff V? VUAVMSVMf X J ' Mr. Barron, vs. Calhoun Mills, der fendant?W. P.- Greene. 5 Butler Bros, plaintiff?J. M. Nick- v 1 les, vs. G. 0. Hall, defendant?J. H. * 5 Moore. ' J. L. McCoy, plaintiff-^-Mr. Ha- s vird, vs. Auston Hall, defendant?J. Cy 1 H. Moore. J. 0. McAdams, plaintiff?Dag> nail & Nickles, vs. E. J. & J. M. " Huckabee, defendants?J. H. Moore. R. A. # D. A. Coleman, plaintiff;? 5 J. H. Moore, vs. J..M. Coward and ^ W. M. Beaty, defendants?Tillman c & Mays. / C. Miles F. Bixler & Co., plaintiff? * ^ J. M. Nickles, vs. L. C. Martin, de- ' i fendant?J. H. Moore. J C. L. Bowen, plaintiff?J. M. Nickr) les, vs. J. H. Wilson, defendant?J. ' H. Moore. _ p 7 c Greenwood Grocery Co., plaintiff? ^ T. F. McCord, vs. Mrs. W. F. Beck^ with. ? Elliott Tpnnant & G. 0. Hall, plain-1V ^ tiffs?J. H. Moore, vs. S. A. L. RyJd " defendants?Glenn & Glenn. J. M. Vedill & G. 0. Hall, plaintiffs U " ?J. H. Moore, vs. S. A. L. Ry.,? 11 1 Glenn & Glenn. ! W. M. Fisk, plaintiff?Nickle^h 1 Bonham & Allen, vs. J. T. Drennon, * ' ?W. P. Greene. , ]c ! v Jr. P. S. Strickler, plaintiff?J. M. e Nickles; Bonham & Allen, vs. J. T. a Drennon, defendant?W. P. Greene. ^ C. L. Bowen, plaintiff?J. M. Nickles, vs. W. M. Bell, defendant?J. H. c Moore. Vera McLain, plaintiff?Wm. P. ^ Greene, vs. Sarah Weinraub, defendant?Moore & Hill. ' " Elbert McLain, plaintiff?Wm. P. * Greene, vs. Sarah Weinraub, de- S fendant?J. H. Moore and D. H. Hill. Vera McLain, plaintiff?Wm. P. . Greene, vs. Sarah Weinraub, defend- I ant?Moore and Hill. 5 Operatives Trust - Co., plaintiff? W. P. Greene, vs. F. B. McLane, as Sheriff, defendant?J. M. Nickles. J. C. McLane, plaintiff?J. M. Mars vs. Paving Construction' Co.?J. H. Moore. I 5 C. C. Price, plaintiff?J. M. Mars, ' vs. W. H. Hill, defendant?J. Howard 1 Moore. ? H. B. Anderson Co., plaintiff?J. r M. Nickles, vs. G. 0. Hall, defendant ?J. H. Moore. 3 B. F. Goodrich Rubber Co., plain* tiff?J. M. Nickles, vs. G. 0. Hall, 3 defendant?J, H. Moo^e. 3 Mary Ann Shirley, plaintiff?J. M. 3 Nickles, vs. Woodmen of the World, } defendant?D. H. Hill. * Peters Shoe Co., plaintiff?J. M. * Mars, vs. S. F. Sherard & CO., defendants?J. H. Moore. Mary, H. Taggart, plaintiff?W. P. 1 Greene, vs. Pearl Beckwith, as exe1 cutrix?J. H. Moore. Mariah Dawson, plaintiff?W. P. f n _ iii mi ?. j i? t ureene, vs. ADDevme uoumy, aeienaant?Nickles and Moore. . B. A. Ballinger, plaintiff?W. P. Greene, vs. Southern Railway Co.? ; J. M. Mars. W. A. Harris, plaintiff?Wm. P. ^ Greene, vs. Pearl Beckwith, execui trix?J. H. Moore. s Beasley Shoe Co.,. plaintiff?J. M. - Nickles, vs. G. 0. Hall, defendant? e J. H. Moore. R. S. McC6mb, plaintiff?J. M. Nickles, vs. W. L. Dawson, defendant ?J. H. IVToore. Crumley Sharpe Hdw. Co., plain- ( tiff?J. M. Nickles, vs. Calhoun Falls i Drug Co., defendants?J. H. Moore, i TO PREACH AT COKESBURY ? I Rev. Jas. L. Martin, D. D., will e preach at Cokesbury Sunday morn- r ing at 11 o'clock. , i MATT ORDERED ' TO END STRIKE cansas leader declines to opey?president of united -Mine workers wins ws fight in convention?support for lewis. Indianapolis, Sept. 29.?Alexander lowat, president of the Kansas coal niners, was directed today by' the rote of the convention of the United JTinrt Wa^ai*c /-vf Amorina tn nrHpr ;trikers at two Kansas mines back to vork, but immediately after the contention's decision he declared he vould not carry out the order. No innouncement was made by the union fficials what steps if any would >e taken to enforce the decision. In noting, the convention had before it iowat's assertion that he would be ixpelled from the union before he vould obey such an order. 1 By its vote, the convention susained President John L. Lewis and ither international officials in orderng the resumption of work which tad not been obeyed by Howat. All he anti-administration element was ined up behind Howat but the roll all showed an unofficial majority of 126 for the order, the vote being 2,'01 to 1,7,75. Howat's opposition to he order was that it would support peratprs seeking, to violate contracts' ritb miners by imposing new workng conditions but President Lewis leclared the iss^l was whether the imon held its own men-to the fulfilliient of their contracts. Howat's fight with administration saders ended for the convention with he disposition of the Kansas strike ase. He expected to leave^ h'ere arly tomorrow to appear , in court, t Columbus, on Friday and declared e would go to jail Vather than give he bond required tfy the' court not to all any more strikes. The disposiion of the Kansas cases which had een before the convention since last 'riday cleared the way for more rapi progress in convention work, but he end of the session was not yet in ight. mm OF IDLE IN E_ FIGURES JNEMPLOYED MAY TOTAL FOUR MILLION?QUICK ACTION UPON GENERAL EMERGENCY SCHEME IS EXPECTED BY CONFERENCE. Washington, Sept. 29.*~Ground ?ork for an emergency program to neet the needs of the country's inroluntary idle, found to number >etween 3,700,000 and 4,000,000, ex:iusive of agricultural, was completsd today by the national conference >n unemployment. Reports of most >f the committees were completed ind turned over to the steering comnittee, which-is to weld the various recommendations into one definite vhole for action by the full conference when it reconvenes tomorrow ifternoon. Quick action upon the general emergency scheme is exacted by the conferees. Adoption of a final report by the :ommittee on emergency measures jy manufacturers was announced ate today. The report which is said ;o contain the core of the unemploynent situation because of the effect ?f the manufacturers unon economic :onditions generally is understood ;o recommend the use of rotation of abor, the shortened week, partial :mployment, completion of repair tnd clean up as some of the means of ncreasing employment. The committee is said to favor an ippeal to the patriot cooperation of iroducers, manufacturers, wholesal>rs and retailers in passing along apidly any price changes occurring n order to hasten business revival. SENATORS WORK IN BUSINESS MANNER not only will night sessions be held but solons will get to work davear^ l1er for change?important work on calendar: \ Washington, Sept. 29.?With a view to expediting action of the peace treaties with Germany, Austria Hungary and on tax revision legislation, Republican leaders planned today to put through a program calling not only for night sessions of the senate, but for the .beginning the day sear sions an hour earlier than usual. The tax bill would be considered during the day, and the treaties at ni&ht. There is a desire to dispose of Vth'e treaties before the beginning of the conference on the limitation of | armaments and since the three pacts must be acted upon separately, leaders platf to lose no time in getting their consideration fully under way. \ Chairman Penrose, of the finance committee, is determined to push the tax bill as fast as' possible. He still is hopeful that it can be put thru with two weeks' consideration, but opposition to some features apparently has taken on a wider range than at first was anticipated. Aside from the tax' measure and the treaties, many other measures of importance are awaiting action before the beginning of the regular session early in December. There is an agreement to vote on the Panama canal tolls repeal bill on October 10, and Senator Sterling, Republican, South Dakota, in charge of the beer bill, has given notice that after the tax,bill and the treaties are out of the vfoy he will insist that the conference report on.%the beer measure be disposed of without interruption. Other matters pending include the railroad refunding bill and the measure authorizing the secretary of the treasury to fund into long tim^ securities the debts owed ithe United States by its former associates in the world wan JURY DEADLOCKED IN GUI CASE MANY HOURS SPENT IN FRUITLESS DELIBERATION?JURORS UJ V Lll CnARVjC. pi JUDGE TO RETIRE AGAIN AT MIDNIGHT. MISTRIAL LIKELY. > * Pickens, Sept. 30.?At 1:30 o'clock this morning the jury in the case of \ Jake Gosnell, charged with the murder of Hendrix Rector, sheriff of Greenville county, had not reached a vferdict after deliberating 11 hours and 30 minutes and strong indications were given that the case may result in a mistrial for ihe second time. Judge Memminger left the court house for his room at 9 local hotel about 1 o'clock after agreeing with Sheriff Roark that he would not be rolled nff-or 1 *Sfl nYWk PVPT1 thnuirh the jury would reach a verdict. The court will reconvene at 9:30 o'clock this morning, and it is believed that Judge Me'mminger will recharge the iury and urge an agreement, in case the foreman reports at that hour that an agreement is not possible. After deliberating nine hours the "J"t q Itq HacTIdII i JU1JT III"" blic tact VI U(*nb uva??vii)| charged with the murder of Hen-! drix Rector, sheriff of Greenville | :ounty, tonight about 11 o'clock asked that Judge Memminger charge I hem again as to the law on self-defense. After charging them fully on this subject Judge Memminger strongly urged the jury to do all possible to reach a verdict. The jury retired again shortly before midnight. % v . . . '*1 , CONVICTED OF TRANSPORTING f AND RECKLESS DRIVING [ ' t ' Jury Coptidert Evidence of "Loose Liquor" in Automobile Seat and Convicts. Can a man be coiivicted of transporting because a puddte of liquor ^ was .found in the cupped cushion of the driver's seat? Must a technical charge' of transporting be supported by evidence that the liquor was in a container suitable for commercial purposes? . These in substance were the questions before a jury in potftid court ^ this morning. After an hou?^b? deliberation the talesmen decided the ^ first question in the affirmative and the second in the negative. In other words T. C. Houston, negro, was found guilty of transporting and in- ^ cidentally of reckless driving. He was ^ fined $90 or 30 days r on the first charge and $10 or 30, days on the second. The defend&nt's attorney served notice of appeal. , , i / a | witnesses testified that Houston v came up Pickens street, going toward j the Seaboard Station and that Bob McKenzie driving the Kerr Furniture j. Company's delivery truck was turn- e ing the White corner toward the c postoffice. E. F. Arnold, Ford agency j man, said that Houston with the, ^ whole square at his right, turned to u the left as if making an effort to 0 drive into Mr. McKenzie's truck. He ? hit the truck in the rear with his ma- s chine, and as soon as it stopped he t jumped dowh and walked away leav- ^ ing the machine in the street. Mr, ^ Arnold said that he gdt into thfe car g to drive it out of the street, the en- ^ gine still being running. He noticed the smell of liquor and when he sat in the seat, he felt it. The capped 0 cushion in the front seat contained a c puddle of liquid that Mr. Arnold be| lieved to be liquor. Some of the same ? fluid dripped from the bottom of the car to me street. Tom Mandy also testified to the strong odor of liquor. Maj. R. B: i< Cheatham, county treasurer, said he v heard the noise, of the collision and v walked to the scene. He also told! j of the intoxicating smell. i< In defense Houston was called to t the stand. He told a straightforward tale of the event. He said that he I came up the hill by the hotel, intend- f ing to drive straight ahead to the q Seaboard station. Then the sun got C in his eyes and he could not see the v truck. He "just run in it" and the left fender was bent and the left i rear hub of jthe truck damaged. The v car stopped suddenly and his chest collided against the steering wheel I and the blow knocked the breath out t of him. He left then to get some lini- a ment to anoint himself with. I " "Did you have- any liquor?" asked r the prosecuting attorney. 8 No, sir. I had some Peruy I was taking home to my wife." "What had you been drinking when Chief Johnson saw you?" "Nothing, 'cept some Sloan's Iini- p ment for my chest." -f After a few more questions the attorney for the defense spoke. He said there was no testimony of reck- F les3 driving, and the mayor ruled s that was a question for the jury. Mr. Moore said that in order to be con- 13 0 victed of transporting liquor the fluid should be in some kind of con- n ? f tainer that would make it transferable commercially. The mayor ruled . that this also was a question for the 11 jury. ' Mr Hill made the plea for the city ^ recounting the evidence of the witnesses. The case then went to the jury with the result as above stated. AUTO TRUCKS BREAK * GEORGIA MIDLAND R. R. Athens, Ga., Sept. 30.?Automo- o bile truck competition may force the d Gainesville Midland railroad into the h ewnn n51e. according to a letter to f wv*wr xr?i o -- ? ? the Athens Daily Herald, today from s W. B. Veazey, receiver for the road, tl The territory in northeast Georgia n served by the road producers ample business to make it pay now as it ? did befoe the era of automobile tl truck, according to the receiver. ti % RUSSIA'S TROUBLE ,' J MUCH EXAGGERATED CORRESPONDENT OF THE AS- -J CAM ATP DDrCO DFAADTC uvurvxviu THAT PRESS DISPATCHES OF FLIMSY NATURE DO IN JUS, TICE TO RUSSIA. ' ~ ^ Moscow, Sept. 29.?Life in Soviet tussia is far less thrilling than . 7.'& light be imagined from reading the French and German papers which- * ecently arrived here. Foreigners iving in Moscow were decidedly ' v urprised to read Berlin dispatches 0 English papers that Moscow was * ecently in flames for two days and ; | lad been largely burned. The people , ' iere knew nothing of it. Every time there happens to be :nough fuel in Petrograd \to light v ufficient streets to give the heaven^. 1 glow visible in Finland somebody fires the news to Helslngfors and 'etrograd again "goes up in flames." Other dispatches of like nature lave said that Moscow "is threaten- ;i d by fapnine sufferers moving on the apital in hordes overcoming the ted army, many members of which* iave joined the ungry men." This is mtrue. In nearly a thousand miles *. v f travel through the famine area he correspondent did not see a /ingle attack on trains or boats and here was no evidence of the inablliy of the Red army to,' control the / ungry; Slavs, especially hungry ' llavs, are the easiest people to conrol; -thy sit meekly and await eath. The various reports of the death f Trotzky and Lenine are, of ourse, without foundation.' 1ABE RUTH CONFINED TO BED WITH GRIP New York, Sept. 29.?Babe Ruth } confined to bed at his hotel here nth an attack of grip which preented him from playing with the ^ lew York team against the Athlet- " :s at Philadelphia today, according o the New York Evening World. While fear was expressed that tuth might not be able to play iball . ' I or several days, it is said at head[uarters of the American League 'lu)b that he would back in the line ra tomorrow. * The possibility that he might ibe inable to particpate in the coming world's series was ridiculed. Mrs. Ruth, at her apartment in the lotel Ansonia, confirmed the fact hat her husband was suffering from in attack of grip, but said she exacted he would be at the plate to_ aorrow. She added tha t Babe was : offering from nervous troubles. v'. Xhck" Fewster is expected, to replace Ruth in left field today. * VOLCANO ACTIVE . 'opocatapelt Reported to Be Threatening Again in Mexico. Mexico City, Sept. 29.?Popocatelelt, the great volcanic mountain outheast of this city, is reported to >e in more vigorous activity than tsual. The inhabitants of Amecamea and Tlanacas, at the base of the lountain, are leaving their homes, earing a serious eruption. Two outbreaks have occurred durrig the past ten days 1 and reports aanViinc this ritv state that there has een a considerable flow of lava from he crater of the volcano. NEGRO LOSES ARM Accidentally Shot Yesterday While Out Squirrel Hunting. Clifford Robinson, a negro tenant n R. R. Tolbert's farm, was accienally shot yesterday while squiirel unting. The load of shot took efect in* his right forearm and right ide, the injury being so serious hat his arm was amputated this lorning at the hopita*. Robinson and several other neroes were squirrel hunting. One of tie party stood his gun against a ree, it being discharged as it fell.