Historical Newspapers of South Carolina

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Oldest Newspaper In South Carolina. EDGEFIELD, S. C., WEDNESDAY, JANUARY 20th, 1909. VERY ABLE ADDRESS : Hon. John C. Sheppard-! Favors Change in Present Jury System. Wbat is generally considered the best address delivered in this State in many years was that delivered in Columbia last Thursday before the r South.Carolina Bar Association by . Hon.'John*jC. Sheppard, the presi dent of the association. He se looted his theme from ? clause of the ^con stitution "The administration of j ns Hon. J. C. Shepp ard. the great length of the-address, though not one sentence too long, preclude the possibility of our re producing it in full. Mr Sheppard said the people have great confi dence in om* courts, yet we should . not shut our eyes to the fact that there are ''Symptoms bf dissatisfac tion,, mutterings of discontent among the people at the administration of / justice in our state", this dissatis ? faction having arisen because of the -'delays in law" and the "expense incident to the administration o? justice''. This delay has caused the people to ta?^JJj&^ ?&W in their own ?Hands:" Itir. Shep pard stated that the congested dock et has been one cause of delay, but the legislature has endeavored to relieve the situation by increasing the number of circuits and judges. Even with the number of circuits increased, it ia yet occasionally necessary to hold an extra session of court to relieve congested ?lockets. Mr. Sheppard said that in his judg ment "The fundamental cause, the chief cause, of the troubles which we have experienced by our courts is the 'unanimity rule' as applied to verdicts by juries." The ?peaker said the "unanimity rule" might have been necessary for the proper administration of justice inEdgefield five hundred years ago but under changed conditions in this county the necessity no longer exists. Nowhere is the * unanimity rule" to be found except in England and the United States. In favoring the "majority, rule" instead of the "unanimity rule"-Mr. Sheppard said in part: "I submit that under the existing conditions the majority rule should be substituted for the unanimity rule. In my judgment there are three fundamental reasons why the' unanimity rule should be abolished.. "First. Because it is contrary to the genius of the institutions, polit ical and civil, under which w? live. "Seeond. Because it is the most : prolific source of the delays of the law, from which our people have suffered so seriously, and of which they complain so universally. ? "Third. Because it is the direct " cause of a large proportion of the expense that is incident to the ad ministration of juster. . Let us consider these reasons seriatim. "First. Is it true that the unan imity rule is contrary to the genius of our institutions? 4 > , "The majority principle is the chief cornerstone of our constitu tions, federal and state. "In hiiinaugural address Mr. Jef ferson said: "'Absolute acquiescence in the x decision of the majority, the vital principle of republics, from which there is no appeal but to force, the vital, principle and immediate pa rent of despotism/ "ilr. De Tocqueville, in his 'De imocracy in America'says: 'the very essence of democratic government consists in the absolute sovereignty of the majority; for.there ia, nothing in democratic states which is capa ble of resisting it'.. "In our traditions, among our statesmen and publicists, we look in vain-for a dissenting voice in the universal chorus of approval and praise of this cornerstone of our gov ernmental fabric, so that it has come to pass that unquestioning and uni versal recognition is accorded to the principle that *The majority is all powerful.for every salutary purpo vBurke Cochran.) "In the application of this ruL majority of the electoral colle elects the president of the Unit States. A majority of the membi of congress enact laws for the g< ernmentof the people; a majori of the members of the United Stal supreme court construe them. An jority of the representatives of t people in the legislatures of the S? eral States enact laws, and a maj( ity.of the courts of last resort in tl States construe them." "Thus we have the anomaly, th a majority of the representatives the people in the legislature may e act laws, but a najority of the repi sentatives pf "the ; verile on the, jin .can not enforce them. . '"Mr. De Tocqueville in his disqn sitio n on 'Trial by Juries'in: thc Un ted States,' says: ''The jury is pre-eminently a p< litical institution',-it must be regan ed as one form of the sovereignly c the people. . When that sovereignt is repudiated, or it must be rejects it must be adapted to the laws b which that sovereignty is establisl ed. The jury is that portion of th people to which the execution o th? laws is entrusted. When an ind vidual or a party is wronged in th United States to whom cap he ai ply foi; redress? li to public opii ion, public opinion constitutes th majority; if to the legislative, it rei resents the majority and implicitl obeys injunctions; if to the execi tive power, it is appointed by th majority and remains a "passive toe ip its. hands \ the public truths, cor -.sjpfrof the 'majority under arms; th jury, is the-majority invested wit the right of hearing and determinin; causes.' "To deprive the. majority, on th jury pf .the. right, to enforce the lav as enacted by a majority in the leg islature is to invest the minority o the people with the power to nullify the law, and that v^ery condition ha: been experienced.in this State. "lt is not alone in the legislating , and in the courts tliat we hold th? majority principle supreme, but ii of the people, and they are so? loya! in its maintenance that they applj it t? all their affairs, religious, so cia! and material.' The majoritj rule prevails mainly in the conven tions of the Baptist church, in th? conferences of the Methodist church, in the synods of the Presbyterian ?hurch and in the diocesan conven tion of the Episcopal church. Like wise when our people combine their capital and organize banks or manu facturings commercial institutions, a majority, of the stock controls the policy of the corporation. The same rule prevails in our social organiza tions. "Thus we see that it is in the jury box alone that the majority rule does not govern. "It is inexplicable that this condi tion has been permitted to stand for So longa-time;, the fact illustrates the conservatism of the American people. "But upon inquiry of a correspon dent in each and every state in the Union I find a ?. distinct trend of thought in favor of the modification of the unanimity rule. Various modifications have been adopted in many of thc; States, and I hazard but little in recording tho prediction that the time is not far distant when a change will be,ac<;omplished that will be more consonant with reason and more consistent with time honored majority principle which prevails in the most important affairs in which our people are concerned. '"I trust that the members of the South Carolina bar will assume and maintain the leadership in this im portant matter and thus merit the gratitude of the American people, even as their fathers have done in so many epochs of American history. "Let us now consider the second apd third objections to the unanim ity rule, to wit; is it true that this rul?is the most prolific source of the delays of the laws, and is it true that it is the cause of a large proportion of the expense that is incident to the administration of justice in our State? "These two questions may be con sidered together, for it cannot be de nied that whatever causes delay is likewise the cause of unnecessary expense. I have taken the pains to inquire of each and every clerk of the court in our State as to the number of mis trials in their respective counties during the 12 months next preceding the date of my inquiry and 29 clerks favored me with a prompt re ply. These reports include the fall term of our courts for the year 1907 and the spring and summer terms for the year 1908, and in these 29 counties there were 55 mistrials. In several of the causes in which, such mistrials resulted there was more than one mistrial, and in many of these causes there was more than one day consumed in the trial. / With such a record before us it is not strange that we often see from two to five years elapse between the inr stitution of an action and the date of the final judgment. With such a record before us who can challenge the objections to the unanimity rule that it causes delay and the' delay causes grievous expense to th? peo ple? "For much less provocation our fathers abolished special juries in civil cases. ' "In 1797 (see second Brevard's Digest, page 454,) the legislature passed an act- with the following preamble: " 'Whereas, thc regulations for the trial of civil causes by special juries have been abused to the purposes of delay and chicanery, and the admin istration of justice hath been imped- j ed by these delays, to. the great dis-j couracr?in?nt Of credit-. Foi* remedy | GENERAL thereof, be it enacted, that the right of trial by special jury be, arid is the same hereby abolished,, md all elansesjoji^a^ fame*he arTd are h?f?lby repealed.' "We read of no such evil conse quences which resulted from trials by special juries as our children will read of the misfortunes which we ex perienced from mistrials. "There should be no mistrial in my case in any of our courts save from providential causes, such as the sickness of a judge or juror or an attorney. We should have an effic ient agency for the prevention of injustice in our courts, in the gener ous provisions for new trials, which our laws afford, but there should be no' mistrials. . "In litigation between the strong and the weak, in litigation between tho rich and poor, too much discrim ination is possible, when by\ fear, favor, affection, reward, or the hope of reward, a mistrial is possible. "The citizen wllose house is.burn ed is entitled to as much consid eration as the man who burns it. The citizen whose character ? is assaulted should not be required ( to. seek vindication at the hands of the entire panel of jurors, when the man who assails it may rests serenely in the assurance that one juror may be influenced by affec tion, for him, or by favoritism for his attorney. \Thus we have fre quently seen, and we have all seen it, that the resources of parties who have applied to the courts for re dress have been exhausted before the end of the law w-as reached.' With such experience there should be no surprise when the people turn their backs upon the courts and redress their wrongs in defiance of the courts^.and of the law." "The mistrial is not the only con sequence of the evil tendency of the unanimity rule, but the more fre quent and irritating illustration of the delay and the expense that are attributable to it. and inseperable from it, is found at', oach ..and every term of our courts in. the pro longation of jury trials. Wc con stantly see a minority of the jury, frequently a single juror, holding the court all day and on throughout the night, whereas a.majority pf the jury might render full justice in a few hours." President Helps Orphans Hundreds of orphans have been helped by the President of the In dustrial and Orphan's Home at Macon, Ga., *"ho writes: "We have used Electric Bitters in this insti tution for nine years. It has proved a most excellent medicine for stom ach, liver and kidney troubles. We regard it,as one of the best family medicines on earth." It invigorates the vital organs, .purifies the blood, aids digestion, creates appetite. To strengthen and build up thin, pale, weak children or run-down people it has no equal. Best for female complaints. Only 50c at W E Lynch & Co., Penn & Holstein, successors to G L Penn & Son. THE COUNTY HOME. Daughters of the Confederacy Visited County Home, Carry ing Many Delicacies. One" of the noblest 'gifts of the Johnston people was that one that came from the ^Daughters of the Confederacy and:r their friends dur ing, the Christinas holidays, when with well filled b?skete they visited the County Home and spread for .the inmates a most bountiful dinner. In addition to the? dinner of turkey, chicken, ham, anet other accessories, a bug was tilled/\vith'/niits, 'candy, nuts, raisins and canned goods for each pnei Having more than their plates and buckets could hold, a house> to house canvass was made and another .supply.-Jeft. Upon the wall in each room was tacked a pretty motto with a scripture verse. After the dinner.-the inmates who were able gathered ?. in the little chapel and Rev. liiM* Mitchell, of Camden, prea^n.od"'felftliewir.^notier year, has passed since an appeal was made for a man of God to regularly visit the Home and break the Bread of Life. We trust and pray that an other year will not pass y before the blessed Holy Spirit will ^convict some one who will go into this ripened and neglected field. Of the fifteen inmates one only is able to read and enlighten him self, and he is not a Christian. It is our duty to work for Foreign Mis sions, but souls are going down to an eternal death right at our door. Is it not time to wake up to our opportunity? The salvation of the soul of the poor and ignorant of any race is as precious in the sight of the Lord as the learned and rich. It speaks well for the citizens, for our county financially and humane ly that there are so few in our County Home. Of the fifteen the great majority have been there many years, showing that industri al, educational and Christian influ ence has bettered the people of our county and that its people and our homes are caring for their own. We found Mr. and Mrs. J. R. Sen ny with welcome faces and the same ever patient parents of the old decreped folks. Mr Scurry knows every bucket and plate and just how to humor the whims of the old peo ple, and their services should be ap preciated by the county. Let many bring them flowers while they can enjoy them and inspire them to greater aims in life. The Johnston Daughters were met at the Home by the Edgefield Daughters with their offerings and the mingling together of the two organizations was most pleasant. We saw lumber laid for repairs on the buildings and trusted there was more coining for a new house for Steward Scurry, his wife and four beautiful children. \ ^ Mr. Scurry told us that he had raised 200 bushels of potatoes, 800 bushers of corn and 14 fine hogs. Every Edgefield countyite should visit the County Home once in their life time and be an eye witness to the many interesting sights found there. Then they would better ap preciate their own comforts and blessings. VISITOR. EXECUTOR'S SALE. Notice is hereby given that on thc 21st day of January 1909, I will sell to the highest bidder, at the residence of the late Luther W. Walton near Meeting Street, in Edgefield county, the following property: One 20 horse power en gine; one 25 horsepower boiler; one self packing cotton gin; about 80 feet of rubber belting; one set wag on scales; one 3 Teet corn rock with gearing and fixtures for mill; one black mule; one bay horse, and one milch cow. Terms cash. W. T. Walton, Executor. Robt. E Lee Memorial Service. A large number of the local chapter of the D. of C. congrega ted at the home of Mrs. B. B. Jones on Tuesday afternoon, whence they marched in a body to the opera house to observe the Robt. E. Lee celebration. The exercis?s were con ducted by Mr. C. E. May, mayor of Edgefield. The prayerjtvas off?red by Rev. Leo D. Gillespie. The pro gram was somewhat original, con sisting of the reading of three prize essays on Robt. E. Lee, by Marion Wright, of. Trenton, Miss vAminee Cartlidgc, of Colliers, and Willie Adams, of Edgefield. All these pa pers were good. The young men both manifested thought liri their work and read -distinctly and welL Miss Cartlidge Avas especially complimented for her splendid de livery of the paper. The gold medal was presented by Mr. .Tames T. Ba ) HOME. r ;on to Willie Adams, he having re ceived largest number of votes from daughters of the Confederacy. - C?pfcr-W^?H^Brnnsoi!, asaisted i>y Misses Helen Tillman and Nata ie Padgett,, delivered crosses of lonor to the following veterans: Sen. M. C. Butler, E. S. Reynolds, Fessc Prince, R. A. Cochran, J. P. Hagood, J. B. Adams, J. A. Sum nerall, F. P. Johnson, J. X. Griffis, 3. W. Price, W. M. Corley and M. A.. Christie. S. C. C. I. News. After a glorious holiday of two veeks the students of the S. C. C. [. returned to the college and once nore resumed their studies. Three more pupils have been en-, .olled, Miss Hite, Columbia, who is ?aking only a musical course, Mr. Martin, Mullins, and Mr. C. Keels, Tom Columbia. For the first time this session, the wo companies drilled in battalion. 3adet Lieut. Boles was transferred Tom Company A. to Company B. is Lieut. Knotts did not return. Cadets Martin and Keels C. were as iigned to Compan.v A. The Co-Ed has at last gone to iross. It will be published in a few lays and it will pay you to send in .our subscription soon so as not to niss a humber. Seq Tom Bingham br subscription rates. STUDENT. -lurrah For White Town Union! It is encouraging to see that far riers are becoming more and more )rogressive. Mr. J. D. White, a oyal and enthusiastic member of he White Town fanners union, paid The Advertiser a call, several days igo and in the conversation stated hat the members of his union have ir ranged to have their soil analyzed jcforc they purchase their commer .ial fertilizers for this year. The in di igent farmers of the White Town :cction realize that certain elements >f plant food are necessary in order o obtain satisfactory yieMs from heir crops, and they purpose having heir soil analyzed to see which of hese elements should be supplied >y commercial fertilizers, not wish ng to purchase more of what they il ready have in the soil, or leave off he very, element that is most need 'd. The White Town farmers use n the aggregate about seventy-two ons of guano each year. It becomes ivident then how necessary it is in niying so large a quantity that the lelection of the different kinds be :arefully and judiciously made. The armers of other sections should allow the example of these wide awake White Town farmers. Mr. tVhite stated that there has been nore grain sown in his section than ?efore in ten years, and it is all ooking well, too. For Rent: A five-room residence; lossession given at once. J. L. M i ms. SEVERE ARRAIGNMENT. "Truxo" Has His Irish Stirred ' and Strikes From the Shoul der. Once more that hydra-head mon ster, the liquor taffic, pops up be fore me and shows his teeth. And it stirs the Irish in me and makes Pat feel like giving the spalpeen a blow right between the two eyes ev ery time he does it. For I know he means no good to any man. "He is deceitful above all things and des perately wicked." He will make a .man think him a a good appetizer; a good medicine: a good tonic: ?a good warmer warm you np," etc. etc. A hundred thousand men every year, put him to the test, prove him false again; and lay down their lives, miserable, emaciated sacrifices to the god of Bacchus, as the purchase price of a ticket into his diabolical courts of demonic evil, excruciating suffering, and an endless gasping, strangling death. A deceiver indeed is alcohol. As an appetizer he destroys all taste for wholesome food, and creates a burning desire for intoxicating li quor; and for exciting, blood-curd ling crimes; such as destroy human life with all that is noble and good jin humanity. It makes a man a bruto* a father, a friend; a husband, a murderer; a bosom friend, a deadly foe, a refined gentleman, a devil incarnate. It is a fine appetizer and a sure one. . As a medicine it cures a mah of all industrious habits, of all frugal .economical principles; of all noble ambitions; all praiseworthy aspira tions; of all that is gentle, delicate, refined uplifting, ennobling, that underlies the very fabric of a trite mau made in the image of God. It leaves the system open and ex posed to the bn-slaught of all the evil diseases and injurious habits the devil can think of. J.% is an Arl! medicine. It will do ail I claim for it and more, or 111 refund the mon ey. ' .. --^&-a^oi>icY4fc?i^^ will tone up the brutish passion of a black negro until he does not hes itate to assault the most beautiful, innocent, twelve-year-old white girl with the blackest criminal intent and purpose. It tones .up the quiet brain of an erstwhile affectionate son and hus band with such wonderful transform ing power that for want of a better mark a loving father; a devoted wife, who had made herself a slave for him', a bright frolicsome helpless babe; and a sacrificing, heart brok en mother who bore him,-ali lie wel tering in their own blood at his feet, while he gloats and laughs over his captured game, and vanquished foes. It tones all health out of the human system; all the logical thinking out of the brain; all love and affection out of the soul; all that is true, no ble, desirable, God-like, out bf human nature. It is a most powerful tonic. And as a warmer, it is a perf "?ct success, It does warm a fellow up. It kindles a little fire right in the breast of the man who drinks it. And that fire burns so hot that it emits sparks and flashes and tongues of fire in all directions. One can see and hear them, especially of dark nights-vile oaths, smutty tales, wild and weird war-whoops, pistol shots, etc., etc., and that fire grows larger and hotter until it is assimila ted by Beelzebub .md made a part of his lake of fire hi which the weary, worn devotee shall warm his shiv ering body and his frost bitten fin gers and toes forever and forever. It is a perfect, warmer. It kindles a perfect hell in the heart of a man; in the home of a family; in the en tire community of citizen. As a warmer, it is a perfect success. But I leave the dispensary with its baneful influences for another article. In haste. , TRUXO, Parksville, S. C. Strongly Endorsed. The following from the managers of the opera house at Abbeville, S. C., is another strong endorsement of the lady minstrels who will give an entertainment in the Edgefield opera house Thursday night: Messrs. May & Tompkins, Edgefield, S. C. Gentlemen: We understand that you are to have the Fagg minstrels in your town this week, and we merely Avrite this to let yon know that you need not fear telling the people that they will see something good. We have had them here and liked them so well that we have ask ed for a return date. Hope you will give them a good .patronage as that is what they deserve. Yours truly, Cobb & Cheltham. Enter the corn growers' contest. NEWS FROM JOHNSTON. 1 Death of Mrs. J. C. Lewis, Pre sentation ot Lee's Picture to High School. The banquet given by the . Knights of Pythias on last Thurs day evening. at Lewis' hall was a i most enjoyable one in everyway. , About 225 invitations were issued and the gallant Knights treated their guests Tn a most royal mag ner. After an hour's social inter course all were invited to . the din ing ha'l where the feast was served. . The tables were in charge of a com-; mittee of young ladies, and were very pretty with decorations of cu t roses and ferns and pyramids bf all kinds of fruitsr The repast served was heartily enjoyed and all present are indebted to the Knights foi; so pleasant an evening., Mrs. C. F. Pechman entertained in a charming manner the members of the W. C. T. U., on last Tues day evening from 3:30 to 6 o'clock. Besides the members, invitations were issued to a number of her friends to be with her. The program was an interesting one and ,was in terspersed with several beautiful piano solos. At the conclusion of this, a delightful salad course was served followed by a course of sweets. The occasion was a very pleasant one to all. After spending a month in South Carolina, with relatives and friends, Miss Moriat Gary has returned to her home in Florida. > ? iss Lillie LaGrone has returned from a several weeks' visit to friend at Darlington. The large brick store of Mr. W. B. Ouzts, is about completed, and , the firm of White, Derrick and Co., will move in at an early, date. Mr. C D. Kenny will occupy the s:ore they will vacate. The union meeting of the Ridge association will be .held with the Baptist church here on 5th:Sunday. Mrs. P. N. Keese entertained a number of her friends with an ele gant course dinnei: on Friday last, in compliment -toher sister, Mrs. Orlando Sheppard, Jr. The youn? folks bf the town en joyed an' old time candy pilli, on Friday, evening at the. home of Miss Sara Norris. The death of Mrs. J. ?. Lewis has brought - sadness into the hearts of every one. On Wednesday as the day advanced, the summons came, and her sweet spirit answered, "It is well." ' The world is better for such a. life-pure sweet and guileless;' a woman of character and gentle force, ruling always by love. Sin oe her girlhood she has been a mern' ber of the Baptist church, and a - zealous member of the Woman's Missionary Society. Just 15 years ago she was happily married to Mr. J. C. Lewis, by the Rev. W. TV Hundley, and God blessed their un ion with 1 children. She was Miss Mary Ann Padgett before her mar riage. This pure spirited woman was. a mother after the Bible type and was a queen in her little home cir cle. On Thursday, morning ?he funer al services were conducted in the Baptist church, .by lier prstor, Rev. M. L. Lawson, and assisted bjf Rev. W. T. Hundley and Dr. C. E. Burts. Rev. B. J. Guess, of the Methodist church, and Rev. P. E. Monroe, of the Lutheran church, occupied places on the pulpit. The remarks of her pastor and the words of comfort from God's own books were beautiful. From the church the flower laden casket was borne to the Mt. of Olives cemetery where the remains were tender1 y laid to rest. Among the many floral tributes from friends and relatives, were those from the W. M. Society, the Home Depart ment of the Sunday school and from th?'Sunbeam Society. ?, beau tiful design from her brothers and sisters, representing the gates, ajar, with a white dove, symbolic of her pure spirit entering in, and a large pillow of hyacinths with "mother" in purple violets, from her loving children. The deepest sympathy is felt for the bereaved ones. She is waiting and ? watching for them in the glorious Eden-land which lies be yond the sunset of life. On Tuesday morning of this week, at the school auditorium, the Mary Ann Buie chapter, D. of C., presented to the Johnston High School, a life size picture of Gen. Robt. E. Lee, this day being the birthday of the great chieftain. The presentation of the picture was made by Mrs. G. P. Cobb, and ac cepted for the school by Miss Lillie LaGrone. Misses Bessie Ford Tur ner and Clevie Moyer unveiled the picture, and the singing of a pa triotic song, by the school ended the program-. Enter the corn growers contest.