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THE LEXINGTON DISPATCH. SeprasantatiuB HairrspapBr. fioujers iaBXin#tan and the Snrdars of the Snrraundmo Snuntias U&b a SlankBt* ; VOL. XXXV. LEXINGTON, S. C., "WEDNESDAY, DECEMBEE 21, 1904. 7, \ Z GLOBE CRT GOODS COMPANY ~~7 t / M "W. K- JE^ ^^nST-^CKEIES, Tj|L> gBfW ie?0 MLAJUN" STREET, - -- -- -- - C01A'>njIA, ft*. C. m-JI Solicits a Share of Your Valued Patronage. Polite and Prompt Attention. <V?nb?r 13tf ) I mm ii\ mm. i fWe have Shoes for the farmer's sor To run across the fields. In leathers black and glossy, With both hard and robber heels. We have Shoes for the plooghman And bis mate who draws the hoe. And Shoes for the sportsman When on a pleasure trip he goes. We have Shoes for every season And in styles that can't be beat, And Shoes at popular prices To fit the different shapes of feet, *? *3 (IIA faof A# rUlnmWfl 77 tJ UltVD O UUU bus iccv ui \>uiuu<w<u For some twenty years or so, And we hope to have this pleasure For at least that many more. Whenever you are in need of Shoes ,Gome in and take a peep? Oar goods are known from Pudding Swamp To the banks of Rafting Creek. LEVER THE SHOE MAN.! COLUMBIA, S. C. Fall Fumisliings MY STOCK IS NEW AND COMPLETE IN?? Neckwear, Gloves. Underwear. Half Hose, Handkerchiefs. Shirts. Knox & Stetson's Soft and Stiff Hats, Suit Cases, and Hand Bags. White and Fancy Vests. SLITS MADE TO ORDER. A FIT GUARANTEED. J.H.Eleazer, HABERDASHER, I -i-t i *riT\T cmoT'-pm t e n ! lOii juam oxxkx'jjcji wuuiUi^ii, o. v. New Store. NEW GOODS AND NEW PRICES. Fine Feed, Flour, Meal, Grist, Bice, Lard, Bacon, Sugar, Coffee, Butter, Sausage, Cheap Hardware, Tin, Enameled and Glassware, all at low cut prices. ENTERPRISE SAUSAGE MILLS LARD PRESSES AT REDUCED PRICES. Cabbage, Turnips, Onions, Irish Potatoes, Cocoanuts and apples at prices that cannot be beat. Country Produce exchanged for goods II 11 UADAIAM I ffkUiimnmHii, J DEALER IN General Merchandise, j LEXINGTON, S. C., Corner opposite Court House Square, j * j Trespass Notice. ALL PERSONS ARE HEREBY FOR- \ bidden to hunt or fish, or trespass in any manner whatever upon my land situated partly in Piatt Springs and Lexington townships. The law will positively be enforced. MRS. JULIA C. BACHMAN. December 10, 19M. 4wU xxl. Batesburg Items. Batesburg Lodge No. 138, A F M , at its regular communication last Friday night elected the following officers to serve during the ensuing year: J. W Pond, W. M; J. A Wbitten, S W; R S Simmons, J W ; D P. Hartley, Secretary; E R. Steadman, Treasurer; J. R. T.Major, S D; 0. M Rhodes, J. D. The Lodge will give an oyster supper December 27th. Speeches will be made by invited orators from other Lodges. Tbe installation of will hp road a nublic. Mr. Wm. C. Father has been spending several days in New York on business He will propably return to Batesburg the latter part of this week. Solicitor George Bell Timmerman spent a few days last week with bis father, Dr. W. H. Timmerman. Col. John Bell Towill his been in Columbia several days. He will return the middle of this week. Dr. W. Price Timmerman went to Columbia on professional business last Thursday. ' Dr. E K. Hardin is rapidly recovering from his recent illness. This will be gratifying news to his many friends in this and adjoining counties. He is under the treatment of Dr. W P. Timmerman. Capt E W. Gibson, of Bratfcleboro, Vfc., has been here several days in the interest of the Summerland hotel. Work on the hotel will com? * - j r* mence id a iew a?vs. o. December 20, 1904. White Bock Whittling^. Mrs. Mary Ann Sbuler died Sun dav, the 18cb, at tbe home of her son, Dr. J. L Sbuler, of Selwood She was about 81 years old, and will be buried today (Monday) in St. Michael's cemetery by Rev. S. C Ballentine. Christmas services will be held in the Bethel pastorate as follows: At Be'hel, Tuesday, December 27fh, at 10:30 a. m ; at Mt Vernon, Wednesday, December 28th, at 10:30 a m. These services promise to be entertaining, f difyiog and instructive. Mrs. Dr. Stone, of MorristowD, Tenn., with her two children, is visiting her mother, Mrs. Louvinia Eleazer, in Spring Hill. She will spend the winter with her people here. Mrs. Grace Kinard, of Pomaria, is visiting her kindred at Spriog Hill. Mr. M B Eleazer, of Spring Hill, is having bis house painted. Let tbe good work go on. Mr. E. E. Wingard is the happy father of two bouncing baby boys. The writer has been eujoyiog some fine puddiDg and sausage at other people's homes. S. C. B. Peak News. At a meeting of Pomaria Masonic Lodge on Saturday night, the following officers were elected aDd installed: Worshipful Master, John C Swygert; Senior Warder, Joo B. Jacobs; Junior Warden, Geo. A Sw^gert; Secretary. Adam E Earglf; Treasurer, B. F Swetenburg; Senior Deacod. J. H. Bushardt; Junior Deaccn, J F. Mabaffev; Stewards?J E Eptiog and W. 0. Hedgepatb; Tyler, T. W. Amick. 11 ,mm At the close of the election a bountiful supper was served in the Town hall. Among the visitors who were here for the meeting were Messrs. Fred H. Dominick, J. Clsude Dominick, James P. Wilson and Jack Summers of Newberry, who were the guests of Mr. W. M. Wilson. W. M, John C. Swygert, attended the Grand Lodge, which met in Charleston last week. While there be did some important committee rrrrw IT TF V/l XI* Mr. G. A. Poore, cf Priceville, N C, visited Mr. Milton Wilson last week. Miss Rilla Summer spent Fridaj in Columbia. Mr. and Mrs. G A. Swygert were in. Columbia a couple of days last week. Mr. Adam Eargle went to Xewberry Friday on business. Mr. W. H. Suber was in Columbia last week on business. Dr. Sease, of Little Mountain, wss in town iast wt-ek Mrs Herbert Hughes and children of Columbia, hava been spending a few days with the family of Mr Pink Stoudemire. Mr. C. L McEacbern, night operator at Alston, is off to spend the i holidays at White Stone and other places. i The Pesk's school will elofie on Thursday for the Christmas holidays. Rv S. C Ballentine pretoied a forceful BermoD, appropriate to the season, in Mount Hermon Lutheran church last Sunday. While in town he was the guest of Mrs. Stuck at the hotel. Miss Mary Swygert, who has been sick for several days, is convalescent. Mr. and Mrs. J. H. Hope, of Buffalo, in Uaion, will speDd the holidays with their parents, Mr and Mrs. j C- Swvgert E December 19, 1904 From Priceville. Tbis is the first time in mv life % ? - ? A Will you believe the category? Tbat I have ever attempted To write the Dispatch a story. The weather is cold. The rain and sleet tbat has fallen is now frczen to everything that it came in contact with. Christmas, Santa Clans, many beautiful presents are coming. Messrs Horace Snelgrove and Kennedy B Price have recently visited at Graniteville, S. C. The former to relatives; the latter a girl friend. They report a pleaeaut trip. The Hollow Creek school, which is under the skillful management of Miss Eppie Roof, is now ia a flourishing condition. We are informed tbat she is giving the best of satisfaction to both patrons and pupils. Material for the purpose of repairing the above named school bouse is now upon the grounds and at aD early date the repairs, which are much Deeded, will be made. Mr. Ralston Price has recently sold bis "river land'' aDd invested in a tract consisting of fewer rocks. Messrs J. Collins Price aDd G. Henry Hailman have planted a saw mill outfit upon Capfc D J Griffiths land, this vicinity, and have begun to make dost fly. Orange blossoms are buddiog, blooming aDd growing, and '"gee whiz1' tbe gune, bells and saws. That's Who. Bridge Toll To every purchaser of Five Dollars in dry poods at Bull's Bazaar, 1628 Main street, Columbia, S C. Bightwell News. Health of our community is- very good at this writing. Mr. N S Derrick is spending a few days at Newberry this week. Mies Clara Sbealy is visiting Mr. J Adam Amick's family this week. Prof. HaltiwaDg6r has a flourish iDg school at Pine Ridge. Miss Mattie Wiggers is tbe assistant. ! Mr. 8 P. Frick has a line school at ! PiDey Woods academy. | Mr. S. C. Fulmer of tbe Pine ] Ridge section has a smile on his face ! as broad as a twelve inch boad?it's | a girl. ! Boys be careful when you go out sporting and bave your horses put in the stable or you may have to walk home. We are glad to learn that Porf. E | J. Sox wbo has been a member of the faculty of Lenoir College for some years has accepted a call to St. Peters pastorate. He will preach at St Peters the first Sunday in January, and at St. John the second Sunday. We wish bim success in bis new field of labor. Scribbler. Individual and Citizen. Views of Solicitor G. B. Timmerman in Reference to the Prevalence of Crime. Editor The News and Courier: In resjKJU.se to a letter of yours of re1 cent date, in winch you state that your paper is "making an effort to arouse a wholesome public sentiment in the State : against the crime of homicide," :.irl in which you ask my views on certain mat, ters appertaining thereto, I beg to submit the following: Generally speaking, the best method of preventing crime, the crime of homicide included, is by a just enforcement of tie: Laws of the land; and in order that we may have this, there should exist in the minds of the citizens a ^ 7 wnoiesome respect ior an proj>eriy cuu| Ktitm-c-d authority and a desire and a j determination, to discourage and put j down Jtll evil and criminal tendencies. ! In other words the good order of a community is no better than the citizens thereof would make it. It is a matter of bringing each individual citizen to the fuli realization of the responsibility that >sts upon him ae >uch citizen: and until that is done we may enact laws to any extent and they will be of little avail. Upon the cif;zcuship rests a high responsibility, and 1 know of no two factors of greater importances in bringing them to a realization of that important duty, than the press and pulpit. I, therefore, take great pleasure in commending the course you are taking in this matter. May others join you in the good work and thus emphasize it. I do not know that any radical changes in the present judicial system would have the effect desired, unless perchance, as I liave already stated, it should receive the hearty moral support of the public. There are a great many who profess to believe changes necessary, but when it comes to a test, they have nothing practical to offer. Unless we have, it is better to hold to and carry out the present system. With that idea in mind, I offer the three following suggestions for what they may be worth, trusting that some good may come from their agitation and discussion: First. No man should be allowed tosit upon a jury, to try an offender, when such juror has previously been tried for the same or a similar offense. Such a course could not operate to the disadvantage of either the State or the defendant, tliat is, taking it for granted tha t both sides were seeking an unbiased and unprejudiced jury. It is true that in some instances good jurors might be removed?those who would do their full duty?yet it is a precaution worth taking. Take for instance a case in which a juror is stood aside because of being related to either the prosecutor or the defendant, it, 110 doubt, sometimes happens that such an one would make an excellent juror. The question then is: Should the rule be abolished on account of tliis one instance or a dozen such? The answer readily suggests Itself (and so it is in the other case). The rule and not the exception should govern. Second. No prisoner should be allowed bail pending an appeal in a case in which such prisoner has been convicted of manslaughter or of any crime of similar, equal or greater gravity. The presumption of guilt, in such a case, should be so great as to outweigh auy consideration for bail. Then too, it would ha-ve the effect of preventing appeals being taken that were uot well founded, inorder to gain freedom during the time that might be gained through the ordinary process of appeals and such other delays as might be created or occasioned. Similar to the other case just discussed, there might arise a case in which the prisoner so held would be innocent or have a meritorious appeal, yet it is better that the few innocent should suffer this temporary discoinforture than that the larere number of eniltv should ao "scot free" with 110 guarantee of the return of liis person to the proper officers at the proper time save, perliaps, a few thousand dollars held as a forfeit. What would such a consideration be to a man standing in danger of forfeiting his life for the commission of some dastardly crime? Third. The third suggestion I desire to make is one coricering the wisdom of which, I am not thoroughly convinced. It has. however, that of merit about it which causes me to make it. It is this: Reduce the number of peremptory challenges from ten for the defendant and five for the State, in cases in which they are allowed at present, ro five for the defendant and tiiree for the State; and in cases where only five for the defendant and three for ihe State are now allowed, reduce them to three for the defendant and two for the State. Such a change would not be radical and it might reduce the i possibility of juries being "fixed" and would still leave enough challenges to accomplish all the good now claimed for the present number. This would in no way interfere with the right of either side to obj<rct to jurors for cause, nor would if vitiate any other right now guaranteed to them by law. You state tlmt in "Virginia it is practical to liave the jury selected for the trial of murder cases from any part of the State, and not from the vicinage*' and inquire: it'such a plan would "he practical in South Carolina without an amendment of the State Constitution, and would the ends of justice he promoted by its adoption in this State?" Xot being familiar with either the law or constitution of Virginia, to which you refer, I am not in a position to discuss the question as intelligently as I would like, hut. I do not believe that an adraendment would be absolutely necessary. I do Ixdievo, however, that it would be a somewhat bunglesome piece of machinery, and if there was any good accomplished by it, it would be outweighed by its inconvenience and added expense. "The question is not so much where the jury comes from as it is. what regard has the jury for their oath. It is a question of men not of location. Let the jury come from where it may. if its j members are honorable, upright citizens, we need have 110 fear as to rlie correctness of their verdict. On tlie other hand, if the jury is composed of men who do not regard the canetity of their oath, there will always exist the danger and probability of their being tamjxTed with. To sum the whole matter up, we must look to the upbuilding and purification of our citizenship, for upon them hangs very largely the enforcement of law. Very truly, Geo. R-il Timniennan. Solicitor 5th Judicial C-ireuir. Here's to those who love us. As well a->thos?' who don't. A smile for tho^- who willing to. And a bear for thn.ee who wont. CLERK'S SALES. STATE OF SOUTH CAROLINA. COUNTY OF LEXINGTON. In Court of Common Pleas. Lizzie Kaminer, Plaintiff, vs. Emma Kami nor, Irby T. Kaminer. Jacob E. Kaminer, Mary P. Kaminer and Lessie L. Kaminer. Defendants. Partition. TN OBEDIENCE TO THE JUDG1 ment of the court herein, signed by the Hon. R. O. Purdy, Circuit Judge, December 8th, 1804, I will sell to the highest bidder at public outcry, before the court house door in Lexington, S. C., during the legal hours of sale on the first Monday in January, 190.5; The following tracts of land situate, lying and being in the county of Lex mgton, ana stare aioresaia, ana oeionging to tlie Estate of James W. Kaminer, deceased: (a) The home place containing fifty (50) acres, more or less, and bounded by lands now or formerly of John and Paul Schneider, Estate of James W. Kaminer, Mary Ann Franklow and Cliarley Hannan. (b) One tract containing twenty-six and one-eighth acres, more or less, and bounded by lands now or formerly of Charley Harman, John Schneider, Mrs. Joanna Heiulrix and the "HomeTract/' (O One tract containing thirty acres, more or less, bounded by lands now or formerly of Mrs. Joanna Hendrix, John Fox, Jacob Schneider and the "Home Tract.'* (d) The "Mabus Place" containing fifty-seven and one-half acres, more or less, and bounded by lands now or formerly of Brooks Lindler, Al. Calk and Dr. James Harman. (e) The "Corley Place" containing forty-four acres, more or less, and bounded by lands now or formerly of Al. Calk, Elisha Calk and north by Saluda river. (f) The. "River Place" containing fifty | acres, more or less, and bounded now or formerly by lands of Elisha Calk, C. S. Rauch and Estate of C. P. Hendrix. TERMS OF SALE-One-third cash and the balance in one and two (xjual. annual installments, with interest from day of sale, secured by bond of the purchaser and mortgage of the premises sold with leave to the purchaser to pay all cash. The bond to contain the usual 10 per cent, attorney's fee clause. Purchaser to pav for papers. SAMUEL B. GEORGE. Clerk of Court. Messrs. Efird & Dreher, Attorneys for Plaintiff. December 12, J 904. 2w8 STATE OF SOUTH CAROLINA. COUNTY OF LEXINGTON, Court of Common Pleas. Lola Helton and Nancy Lee, Plaintiffs, against Carrie Lee, C. H. Lee, George Chandler. Anna Chandler. Jane Chandler. William H. South, John E. South. Olive Kintz Danford. William Le*\ Albert Lee, Ida Danford. Thomas Le<. Edward Lee. Fred Lee. James Lee. Lewis Lee and John Danford, Defendants. Partition. TN OBEDIENCE TO THE JUDG-L mont of the court herein, signed by Hon. R. O. Purely. Presiding Judge, of date September 27th. 1904. I will soil to the highest bidder at public outcry, before the court house dtxu- in Lexington, S. C., during the legal hours of sale, on the first Monday in January, liJOS: (a) All that piece, parcel or tract of land, known ;is the "upper river tract." situate in Lexington county, in the fork of Broad and Saluda rivers, on the \vi st bank of Broad river and containing fourteen and one-half acres, more or less, bounded by lands belonging to James Harman, Fannie A. Yallentine and Juda Mectze's tract and having such shape, form, marks, buttings and boundings as the plat for tile same will more fully represent. (b) All that piece, parcel or tract of land, situate, lying and being in the County of L -xingron. State aforesaid, measuring on the north east end thirtysix and H yards, and on the north side one hundred and forty-eight and yards to a large green pine, the litis- ro run straight from one point to the oth'T. adjoining lands of James Harman on the south, by Ed. Derrick on the ?-ast and by Lee 011 the north and containing about one-half of an acre. (c) All that piece, parcel or tract of land, known as "south })art of Hoke tract," rime as-res wide and seven deep being twenty one acres, bounded Inlands belonging to?on the east by J. I), and (L E. Derrick, on the south by j James Harman. on tie- north by Carrie i E. R. Lee, on the west by (\ ika.mil. I lying and being in the County of Lex- j ington, in the fork of Broad and Saluda rivers and having such shape, forms and marks, huttings and bounding* as tinlines may show. (d; All that piece, parcel or tract of land, being one island, situate, lying and being in the County of Lexington, State aforesaid. on Broad river east of Uzel Lee's bottom land at low water mark containing om* acre. nn?r?- Lss. TERMS OF SALE?Cash. [Purchasers to pav for p:q*Ts. SAMUEL K. OK0RCE. ('lerk of Cov rt II. R. Elannigan and W. Hampton Cobb, Attorneys for Plaintiff. Ancr^w Crawford. Attorney for Defendant. Carrie Lee. Lexington. S. (\. Dee. *. lh'.-j. ftwvwwwvm I MY I i HparifliiflPtPPQ 5 \ 11UUUI|UUI 1UIU \ ^ This year, as it has boon for ^ X years passed, is at '% Le J Notice. "YfOTICE IS HEREBY GIVEN THAT l\ the undersigned, by virtue of an order of the Probate Court in re estate of the late Rufus D. P. Rucker, will sell at public outcry, to the highest bidder or bidders, for cask, at the residence of the late Rufus D. P. Rucker, on the 4th day of January A. D. 1903, beginning at 10 o'clock, all the personal estate of the said deceased, consisting of corn, fodder, mules, horses, bogs, cows, household and kitchen furniture uiiu iiuunimuiy, luciuumg a gm aim saw mill outfit, with engine and boilers, brick machine, cotton press, grain thresher, grist mills, &c. Also buggies, wagons, farm implements and ail other of the personal property lately belonging to the said Rufus D. P. Rucker. TERMS?Cash. The sale will begin promptly at ten o'clock at the residence and continue from day to day until all the said personal property shall haw been disposed of. Bv order of the Probate Court. BYRON F. RUCKER, Qualified Administrator. December 14, li)04. 3w8. Trespass Notice. This is to notify all persons not to hunt birds, squirrels and 0'possums, cutting trees, white oak trees for baskets, fishing or trespassing in any manner whatever upon my lands *on Hollow Creek or Siduda River. The law will positively l>e enforced against all violators of this notice. a. m. long. December 10, 1904. 4w9. TAX RETURNS. IN ACCOBDANCE WITH THE LAW in reference to the assessment and taxation of property, the Auditor, or hisassis tant, will be and attend the following named places for the purpose of receiving tax returns for the hscal year 1905, and in order to meet the next appointment the hour will close at 11 in the morning and at 4 o'clock in the alternoon; tax payers will therefore, be prompt in meeting the appointments so as not to cause delay. Tax payers will please come prepared to give the name of their township and numj ber ot school district wherein they reside. Books open from 1st to 8th of January, ! 1905, at Lexington C. H. Gaston, Monday all day, January 9. Joe Reeder's, Tuesday morring, Jan. 10. J. J. Mack's. Tuesday evening Jan. 10. Swansea, Wed. and Thurs. Jan, 11 & 12. Red Store. Friday all day Jan. 13 W. N. Martin's. Satnrday morn. Jan. 14. Edmund, Monday evening Jan. 16, Pelion, Tuesday all diy Jan. 17, Luther Ganti's, Wed. morn, Jan. 38. Summit, Wed evening, Jan 18. E. H. Addy's, Thursday morn, Jan. 19. G. F. Keisler. Thursday eve, Jan. 19. Gilbert, Friday all day, Jan. 20. Lexington C H . Saturday. Jan 21. Steadman, Monday morn. Jan 23 W. Westmoreland's, Monday eve Jan 23. Batesburg. Tuesda? all day, Jan. 24. Leesville. Wednesday all day, Jan 25. Lexington, Thurs and Friday, Jan 26-27 Broofclaud, Saturday ali day, Jan 2S. Chaoin, Monday all day, Jan 30. Peak, Tnesdav all day, Jan 31. Spring Hill. Wednesday morn. Feb. 1. Hilton, Wednesday eve. Feb. 1. White Rock, Thursday morn. Feb. 2, Mrs. Busby's, Thursday eve, Feb. 2. Ballentine. Friday morning, Feb. 3. Irmo, Friday evening, Feb. 3. JLrmo, Saturday morning, x?eo. ?. Crout's Store, Monday morn ng, Feb. G. Lexington C H , 7. 8 1) and 10. Irene, Saturday afternoon, Feb. 11. Lexington C. H , balance of time no to Febmary 20th, after which a penalty of oU per cent, will be added for failing to make returns. All male persons are subject to poll tax from 21 to GO years of age, except those eiempt by law. Under the new law all dogs are subject to a tax ol ">() cents and must be returned at the same time when other property is returned. G. A. DERRICK. Auditor Lexington County. Will exchange several White Leghorn cockrels for common lading hens or pullets. Apply at Dispatch office.