Scraps and |acts.
? During 'inursdav Senator McLaurin,
of South Carolina, introduced a
bill providing that after the passage
of the act, "there should not be collected
any duty upon pork, veal, mutton
or beef imported into the United
States from foreign countries." The
bill was referred to the committee on
finance.
? The war department has made public
the following letter from W. C. Sanger,
acting secretary of war, to General
Funston: ' blr. I am directed by the
president to instruct you that he wlsnes
you to cease further public discussion
of the situation in the Philippines;
also to express nis regret mat you
should make a senator of the United
States the subject of public criticism
or discussion."
? The London Chronicle and other
British newspapers are calling upon
the government to Investigate the reported
acquisition by J. Pierpont Morgan
of control of the leading British
and German steamship lines. The
Chronicle puts up quite a plaintive plea,
in fact a squeal, to the effect that
this combination business .s getting
beyond the limits of commercial enterprise,
and threatens to become a
source of public danger. It thinks that
government intervention is not only
justifiable, but absolutely necessary.
? Ira Gilespey, alias Dock Hill, has
confessed to participation in the murder
of the late Governor Goebel, of
Kentucky. He says he was one of
three men chosen by lot to do the work
of assassination, althougn there were
20 others in the plot. The three men
remained on top of tne state house off
on for a week waiting for an oppor
tunity for a favorable spot without endangering
the lives of anybody else.
He says that uovernor Taylor was not
a participant,in the jpiot;. but that a
large number of ariti-Goebel people
were cognizant of what was going on.
? "Persons who deposit money in a
bank, which subsequently fails, lose
more or less of their money?seldom all
of it?but they do not lose their lives,"
says the Philadelphia Public Ledger.
"It is too often the case that those
who have no faith in banks, but hide
their money at home, lose not only all
their wealth, but their lives as well.
Yesterday's Ledger reported two such
cases in this state alone. Robbers who
had learned in some way that the persons
had money in their nomes, and
who knew that they were defenceless,
broke in, killed the men and took their
cash. It is better to trust the banks."
? Raleigh dispatch to Charlotte Obr
server: Henry E. Fries, of WinstonSalem,
is securing options on over 20
cotton mills in this state and South
Carolina in order to place them i,n a
combination company under a New
Jersey charter. The plan is that this
company shall acquire these mnls, paying
for the properties at the rate of
uu per cent. 01 me cumulative preferred
stock, 40 per cent, of bonds and
20 per cent, in United States bonds. It
is proposed to issue $7,000,000 of cumulative
preferred stock and take the
amount of common stock. Mills at
Raleigh, Gastonia, Henrietta, Reidsville,
Mt. Holly, Belmont, Tarboro and
other points in this state, and Yorkvill'e
and Cnester, S. C., are expected to go
into this arrangement. Stockholders
of large yarn mills are called to meet
May 7 to vote on the sale.
? Richmond News: Mrs. Hetty
/ Green, the richest woman in America,
recently gave a banouet in Boston to
eight people, as a total cost of $2.25, or
29 cents a plate. The bill of fare was
vermicelli soup, boiled fish, boiled
potatoes, lettuce, salad, cake and tea.
The company sat at one large table,
and Mrs. Green entertained her guests
with stories and anecdotes. She ate
with evident relish, but expressed regret
as she left the restaurant that
she had not bought a meal ticket and
saved money. When it became noised
about that the richest woman in
America, dressed in a plain black
dress, black cape trimmed with velvet
and a black bonnet trimmed with gorgeous
red cherries, was within, a curious
crowd gathered and peered in at
the odd little party. The proprietress
will keep the two bills as souvenirs. 1
? Little Rock Ark., dispatch of April
23: At a meeting of the Second Baptist
church congregation tonight the
discipline committee presented charges
against Gov. Jefferson Davis, who is a
member of the church. The allegations
accuse the governor of profanity.
drunkenness and gambling. It was
decided by the congregation to appoint
a committee of three to wait on the
governor and demand of him a statement
as to whether the charges are
true or not. No further action was
taken by the church at tonight's meeting.
Gov. Davis is out of the state on
a vacation tour and is not expected to
return until about June 1. Until his
return no further steps will be taken
in the matter.
? Says an Atlanta dispatch of Monday:
Rev. Len G. Broughton has a
very demonstrative audience, as has
been proven on many occasions, but
many think the climax was reached
last night when the noted divine praised
Judge John S. Candler, judge of the
Stone Mountain circuit, and wound up
by saying with great earnestness and
emphasis: "Hurrah for Judge Candler!"
The audience spontaneously ap
plauded. The doctor was in the midst
of one of his characteristic sermons,
and in telling of the wonderful work
of the great preacher, Talmage, especially
in his work in ferreting out and
depicting the vice in New York city.
Dr. Broughton referred to Judge Candler's
work in corralling two gamblers,
who, he said, had been prominent in
the politics of this city. One of these
had referred to Dr. Broughton as the
long-haired preacher. That man, said
Dr. Broughton, is a fugitive from justice
because of gambling. It was then
he said "Hurrah for Judge Candler,"
and the climax followed.
? Officials of the war department
fear mat the trouble between the Moras
of the Island of Mindanao and the
American troops will seriously interfere
with the plans for the return of
the troops who left li.is country for
Manila in 1899. When it was first decided
to order home these troops it was
planned to have them all arrive in
this country not later than October 1.
but recently this plan was changed
and it was i.oped to get the last away
from Manila by the 1st of June. In
his report of the threatened Yevolt ol
the Moros, General Chaffee said it
would be necessary to retain for the
present the battallion of the 17th infantry,
now in the Philippines. If a
general outbreak occurs General Chaffee
will need all the troops he can control.
These Moros are fierce fighters
and what they lack in modern arms
and ammuntion they make up ir
strength, courage and endurance and
familiarity with the country. Besides
they are religious fanatics and willingly
sacrifice their lives against all enemies
of their religion.
$hc ^jorhdllr (Enquirer.
YORKVILLE, S. O.i ->D"
\'7
SATURDAY, APRIL 26,1902.
It is estimated that about 40,000 people
attended the Dallas reunion this
week. They went from all parts ol
the south with a few scattering representatives
from northern and westerr
states. From the reports it appears
that the reunion was quite a success
It seems to be pretty well settlec
that the house will not take up at this
session the ship subsidy bill recentlj
passed by the senate. Quite a number
of western representatives are op
posed to the measure, ana in view 01
the experience of the leaders on ths
Cuban reciprocity question, they wil
hardly risk another jolt of the sam<
kind.
Quite an ugly scandal has grown oul
of the Cuban postal fraud cases ir
which Estes G. Kathbone and W. H
Reeves were sentenced to pay heavj
fines and suffer long terms of imprisonment.
Prom the published reports
it appears that Rathbone was a personal
friend of Senator Mark Hanna
who claims that he is an honest man
and was wrongfully copvicted on tns
perjured testimony of Reeves, who was
induced to go against him on account
of the jealously of General Wood. II
is represented further that Senatoi
Hanna claims that General Wood had
made a trade in advance, under the
terms of which he was to pardon
Reeves after the convictions had been
secured. Such a story was published
several weeks ago, and by way ol
seeming corroboration, comes tn?
news, under date of last Tuesday, thai
Reeves has really been pardoned. II
b-nnn-n fjpriprnl Wood is a
very close personal friend to the president,
and there Is a growing convictior
that the breach between the president
and Senator Hanria, for a long time
distinctly marked, is growing wider.
The war department has given out
the correspondence it has had with
General Chaffee with respect to the
outbreak on the island of Mindanao,
and it looks as if the government has
on its hands another war that will call
for additional troops. As already
stated, the trouble grew out of the
killing and wounding of American soldiers
by natives. General Chaffee de:
manded the surrender of the natives
and the demand was not acceded to,
Then he cabled to Washington stating
that he had sent an ultimatum and
made arrangements to enforce it. In
reply, the president indicated that he
did not want any more trouble and
suggested caution. General Chaffee
gave the president to understand tnal
the situation involved the prestige and
safety of the army, and the president
then told General Chaffee to use his
judgment and discretion. The natives
of Mindanao, who have heretofore beer
peaceable, because of no attempt to interfere
with them, are described as a
fearless, warlike people who can be depended
upon to make an ugly struggle
Judging from the press reports, after
makiner due allowance for the bias
of unreasonable partizanship, it is
growing clear that the Republican majority
at Washington is in a pretty
thoroughly demoralized condition ai
I the present time. A minority of th<
Republicans of the house are in revoli
against the majority. Even if it is
now agreed to patch differences it wil
be difficult to overcome the effect 01
the friction caused by the recent defection.
The revolt of certain Repub
lican senators against the leaders ir
the ship-subsidy matter has laid th<
foundation for permanent feeling there
Then many members of both houses
are in bitter opposition to the conduct
of Secretary of War Root. They
charge Mr. Root with responsibility
lor certain errors in the policy of th<
late President McKinley with regarc
to Porto Rico. They charge him with
having continued to represent th<
achievement of peace in the Philip
pines, while conditions were still as
critical as it was possible for them t(
be, and they charge him with concealing
the facts about the "water cure'
outrages until the senate laid the matter
bare. Because of Root there is a
glutting iivamiLy iu?aiu tins auiiuntatration,
and there is reason to believe
that if the Democrats make use ol
their opportunities, they can derive
much advantage from the situation.
:
During the seven months ended with
January, nearly 200,000,000 pounds ol
fresh beef was snipped from ths country
to the United Kngdom by the trust
its' export value being upward of $17,000,000.
Dependent upon the Uniteei
States for so large a part of their supply,
it is natural that the English
should become nervous and fear thai
the trust was about to "put the screws
on them." The brilish people, however,
have the supplies of the world open tc
them to draw upon freely, whereas the
American people are held up by the
"protective" duty of two cents a pound
upon mutton, beef and pork?a ridiculous
enactment that should be repealed.?New
York Herald.
While we will not attempt to dispute
that as a matter of course the beef
[ trust is a. very wicked creature, we are
' inclined to think The Herald may be
i charging crimes against it of which it
' is not guilty. For instance it is gen:
erally understood that cattle are very
! scarce in ihe west, and it is well
know that they are scarce in this
. country. The beef trust gets its supplies
principally from the west and
may be responsible for the scarcity
i there; but as it is not known to opei
rate very extensively in this section,
i it cannot be held responsible for the
' scarcity here. Again, maybe something
1 is to be gained by abusing the beef
trust for the high prices prevailing;
but just what that something is, is difficult
to see. However serious may be
' the objection of beef consumers to high
nristoo hoof nroftnrers. who are the
farmers principally, especially In this
section, rather like the situation, for
most of them are able to see that if
there ever was a good time to commence
raising cattle, it must be along
about now.
MANNING WOOL PULLING.
Tillman and Appelt Meet In Joint
Debate.
\ ^By Telegraph to The Enquirer.
Manning, April 25.?There were
about 2,000 people here today on account
of the joint debate between Senators
Tillman and Appelt. Senator
Appelt failed to produce any affidavit
except on the penitentiary matter; but
? offered in evidence two telegrams from
f Tillman wit-h reference to his appolnt
ment to speak here, both of which had
1 come with dead-head stamps.
' Senator Tillman spoke first for half
an hour and asked Senator Appelt for
his case. During his opening, Senator
1 Tillman read two letters that Appelt
J had written him and marked private,
r giving as justification the claim that
he had a right to do so because in this
war Appelt was only acting as a tool
f of McLaurin.
i Senator Appelt produced a half doz1
en affidavits from former employes of
i the penitentiary, all concerning oat
crop and supplies furnished Senator
Tillman from the penitentiary. There
, was a statement from Neal to the efTillman
errxt frnm tho npni
tentlary wood, coal, vegetables, fer\
tilizers, etc., giving orders that no
charge be made for them and paying
j nothing. Senator lillman said all this
was old matter lUlly ventilated by the
Stevenson committee.
Senator Appelt offered no certlfl|
cates or affidavits as to bond deal,
whisky rebates, or anything of that
. kind; but read a tabulated statement ot
. show that rebates were paid up to
. 1894. Tillman Insisted that Appelt had
I made a complete farce and had not fur,
nished evidence on which to convict a
{ dog. He stated that there was no use
l to shave an ass; but taking up ApI
pelt's series of questions, answered
. each.
The main feature of Senator Tillman's
speech was an argument that
the whole primary system will beoome
a failure and its objects defeated,, unless
candidates are required to pledge
themselves to abide state and national
party platforms. He favored two
separate series' of campaign meetings,
two months apart; one for state candidates
and tne t)ther for senatorial
nomiMatiM Ho vlcnrouslv denounced
McLaurin as a traitor to his party and
held that his colleague is certainly a
Republican if there is any way to make
' one. a. k.
i _
1 BIG YARN MILL TRUST.
' Proposition to Combine 700,<HHI
Southern spindles.
Over 100 men from six states, repre1
senting over 700,000 yarn spindles, met
in Charlotte last Wednesday to hear
the details of the proposition of F. L.
1 Underwood, of No. 31 Nassua street,
i New York, who wishes to combine 60
! per cent, or more of the southern yarn
1 mills in a $60,000,000 trust. Just before
adjournment the mill men unanimously
: voted for a resolution declaring the
i wisdom of an amalgamation of their
: interests; and a great majority of the
i spinners voted to recommend that the
> proposal of Mr. Underwood be favorai
bly considered by the stockholders of
the southern yarn mills. Mr. Underl
wood says he is delighted with the re
suit, and he is confident that the big
. merger will be effected.
At a meeting in the forenoon, Mr.
. Underwood repeated his proposition,
5 which is, in effect, that he will agree to
j pay to all of the yarn mill owners a
- price to be agreed upon by a commitr
tee to be selected by the mill owners
t with his approval; but it is stipulated
; that such price shall not be in excess
t of 220 per cent, of the fair cash cost of
3 replacing the property; payment to be
1 made in one-half preferred and onef
half common stock. He informed the
spinners that he and his associates
were prepared to effect the combination,
and were prepared to put up $5,500,000
as working capital within ten
days if need be. Referring to the indebtedness
of the mills he stated that
any mill could either pay its debts and
the purchaser would issue the entire
value of the mill in stock; or the purchaser
would assume the indebtedness
and issue the net value of the mill in
stock. The mills in the combination
would have the advantage of having
their stock listed and their sales would
be in the hands of only one selling
agency, thus reducing needless conipetition.
The preferred stock, Mr.
Underwood said, would be 7 per cent.
L'UIUUIULIVU S UK.'It clUU 123 I1UL 111 IflC UclL
ture of a lien or a mortgage. Contracts
which were submitted to the spinners
1 state that the delivery of the mills
^ must be made on or before January 1,
5 1903. The mill men will take these contracts
home, and announce their decision
after a consultation with the directors
and stockholders of their various
companies.
Despite their \ote, a number of mill
men questioned the success of Mr. Unperwood's
plan. They maintain that
it is a new thing and too big to be
digested or sanctioned within a twelve1
month. Yet all the spinners agree in
i saying that the yarn mills have been
: steadily losing money since Decem:
ber, 1901, and that if a consolidation of
some kind is not effected, then many
. southern yarn mills will be forced to
close down or be ruined.
. "The yarn men may or may not accept
Underwood's plan," said Dr. J. H.
McAden. president of the Southern
Cotton Spinners' association, "but a
trust or merger Is necessary for their
economic salvation."
MERErMEKTION.
Judge W. A. Hoke, of the North
Carolina supreme court bench, has announced
himself as a candidate to succeed
U. S. Senator Pritchard At
Lincoln, Nebraska,' one day last week,
the theremonter registered 95 degrees,
and within 48 hours afterward the-e
was a fall of snow The next reunion
of the Confederate veterans is to
be held in New'Orleans Senator
H. D. Money, of Mississippi, got into
a fight with a trolley car conductor
in Washington last Thursday. The
"* - a a?1 ? 4u/v
conductor nit money iwn-e m n?c
with his fist and Money cut the conductor
in the hand with a pocket knife.
....Cruel and inhuman treatment will
be the plea of Thomas Foley, of English,
Indiana, for divorce. His wife admits
that she tied his hands and feet
while he was drunk and applied salt to
his hands, face and clothing, that the
cattle in the field where he lay helpless,
might lick him to death, as a revenge
for a beating she received during
a drunken orgy. Foley's skin was
raw in many places and his clothing
in shreds President-elect Palma,
of Cuba, is making a triumphal tour
of the island. *
SOUTH CAROLINA NEWS.
J lint a Little Curious.
Columbia special to News and Courier:
The state dispensary has just issued
a circular by which the prices on
certain grades of "case goods" are reduced.
The occasion for this reduction
in prices is not known and, of
course, as will be seen, it applies to
only a few grades of liquors and may
be to equalize prices on case goods.
e dispensary has absolute control of
the liquor business, and it is not alto*
gether plain why 'po many brands of
case goods should be sold through the
dispensary, instead of the dispensary
buying better grades of liquor in bulk
from the distillers and putting them up
itseir.
Will Came Contention.
Spartanburg Journal: The State says
of this newspaper's suggestion that
Spartanburg should be made the seat
of the court for the proposed new Federal
district for the northern part of
the state: Congressman Johnson's own
county of Spartanburg is a claimant
for the district court proposed by Mr,
Johnson in his original bill, thus antagonizing
the interests of Greenville,
which now has the Piedmont court.
There can be no doubt that Spartanburg
is more conveniently located
than Greenville and nas better railroad
facilities. Its claims cannot be
dismissed without consideration. Columbia,
of course, far surpasses both
Greenville and Spartanburg combined
in railroad facilities its hotel accommodations
and its proximity to the majority
of the counties suggested for the
upper district: but if Columbia's advantages
should not avail to make it
the headquarters of the district and
there should be two couhts as at present,
we think one of them should be
at the best point in the extreme Piedmont.
Another McLaurln Story.
Spartanburg Journal, Thursday: A
close friend of .Strnator McLaurln ir
this city says thaf If the proposed new
Federal court district is created for
the northern part of the state, the curly
headed senator *ls sure to be the
judge. He says ne has this straight
and there is no doubt about it in his
mind. The marshalship, district attorneyship,
clerkship and other offices
connected with tne court are already
being sought for and divided up by
those who think they control such
things-or would like to do so. A wellknown
ex-county official is spoken ol
prominently for the marshalship, and
several are mentioned for the district
attorneyship. The court would add
largely to the Federal patronage lr
Sout.. Carolina, and In the absence ol
regular Republicans there would be no
lack of "commercial" Democrats, whc
would not allow tlje offices to go unfilled.
There are those whb think that
McLaurin has lost his influence with
President Roosevelt, if not entirely, tc
a large extent. The president is said
to be quite sore over being led to make
the Koester appointment, and is not
likely to rely too strongly on McLaurin's
recommendations. He is now
looking somewhat to his own chances
for the Republican nomination, and
would not do anything that would
needlessly alienate the Republican
organization in this state. To dc
so would be playing Into the hands
of Senator Mark Hanna. who despite
all denials, is an active candidate
for the Republican nomination In
1904, and a strong one. McLaurin either
will not want td be or will not bs
allowed to be a candidate for the senate
in the Democtatic primaries this
year and he will then drop from sight
as a man of influence in South Caro
South Cnrolina Tea and Silk.
' Washington correspondence Columbia
State: Among the items carried in
the agricultural appropriation bill for
next year, soon to be launched in th
1 house, are two of special importance
to South Carolina, providing for in,
vestigations relative to tea culture and
| silk culture in the United States. Ten
thousand dollars each is the amount
; carried in the bill for these investigations,
and it is not too much to say
that a considerable portion of this will
be expended in South Carolina, where
1 such marked interest is being manifested
in tea and sale culture. The appropriation
for tea culture is to enable
the secretary of agriculture to investigate
and report on the cost of making
tea and the best method of cultivating
and preparing it for market, so
as to demonstrate whether it is practicable
to introduce its culture in the
southern states as a profitable enterprise.
That for the silk industry is to
, enable the agricultural department to
collect and disseminate information
relating to silk culture in this country
and for all expenses for experimental
work, including the distribution of
mulberry trees, and the eggs of the
silk worm, and for the employment ol
expert labor. The appropriation for
silk culture is a new item entirely and
is the result of the many requests for
trees and silk worm eggs that have
come to the department from South
Carolina and Georgia. It is understood
that a company has?.been formed in
New York having considerable capital,
for the purpose of starting establishments
for reeling silk in the southern
states so that local supplies of
cocoons can be depended upon. There
is also on foot another movement,
headed I believe oy Miss Kelly, of
Charleston, the accredited silk commissioner
of the state, to bring: into
South Carolina from Italy a force of
skilled labor that the silk industry
may be launched successfully and in
a scientific manner. A number of silkculture
associations have been formed
in various parts of the state, one at
Orangeburg and others in the Piedmont
section, having as their object
the assistance of the Infant industry
and the spreading of information relative
to it. Large requisitions for
trees and eggs have come from these
associations and the supply of the
agricultura. department has been well
nigh exhausted. The special appropriation
carried in the bill this year
will serve to replenish the supply and
in addition a namphlet will be prepared
telling of the art of successful
silk culture.
LOCAL AFFAIRS.
NEW ADVERTISEMENTS.
H. C. Strauss & Co.?Call the attention
of their gentlemen friends to their
lines of hats in fur, wool and straw,
and claim to have the best assortment
of hats that has ever been exhibited
on this market, at prices that
are just about the right mark.
C. P. Lowrance & Co.?Talk about
their roasted coffee, which they say
that they are selling in large quantities
at 15 cents a pound.
York Drug Store?Has several varieties
of first-class watermelon and
cantaloupe seeds, and want to sup
ply your wants. It has also started
its soda fountain in full blast and is
serving all sorts of iced beverages,
o. E. Grist?TeliS you that the May
magazines are now on sale at the
York Drug Store.
Riddle Sf. Carroll?Again call your attention
to their high noon coffee,
which is put up in a handsomely
lithographed can holding 4| pounds,
which they sell for a dollar. They
also sell South Carolina tea and say
that it is choice.
A. M. Grist?Wants you to know of
the merits of the Utica Are extingisher.
^^ABOUT PEOPLE.
Mr. W. W. Boyce came over from
Rock Hill, Thursday night, and returned
yesterday.
-^.Mr. J. J. Hull, of Rock Hill, came
Uver Tuesday afternoon to hear a portion
of the testimony in the case of
Mitchell vs. The Woodmen of the
World. He was accompanied by his
friend, Mr. A. H. Greene, proprietor
of the Carolina hotel. The two gentlemen
had quite a pleasant stay in the
town.
' ^Mr. W. E. Adams, of Clover, has been
seriously ill with' pneumonia for some
days. His condition was regarded as
' critical on Wednesday; but a telepnone
1 message received yesterday stated that
he was very much better.
^ Mr. W. P. Camp, who left his home
?rhere last summer to accept a position
with a Richmond, Va., concern, has
written a friend here that he has accepted
a better position than he is now
holding, with a large lumber dealer at
Jacksonville, N. C., and will go to work
for his new employer in a few days. ,
t ^ .
T WITHIN THE TOWN.
? The K. M. M. A. boys are making
their appearance in their summer uni!
form of khaki.
? The local harvester dealers are
working hard to place their machines
for the coming crop.
? It is expected that the exercises in
1 connection with Memorial Day will be
rather more elaborate than usual this
! year; but full details have not yet
, been arranged.
I- ? Gen. M. L. Bonham, grand chancellor
of the Knights of Pythias 'in
| South Carolina, and Rev. Dr. J. H.
Thornwell, grand keeper of records and
: seals, were the guests of the local
lodge last Tuesday night. They re,
malned over a part of Wednesday and
were handsomely entertained.
? There was a committee of the
Ladies' Auxiliary society at the cem.
etery, Thursday, to receive and put
J out flowers that were expected from
, the people of Yorkville. Only a few
. flowers were received from three conr
trlbutors; but these were utilized as
seemed best in the Judgment of the
, committee. There is disappointment
i among the members of the Auxiliary
society on account of the small inter(
est that is being manifested in the
. subject of beautifying the cemetery.
i CIRCUIT COURT.
[ When The Enquirer went to press
i last Tuesday afternoon, the court was
engaged in the trial of the suit of Hol|
iday & Cave, laundrymen, vs. T. T.
. Morrison, of Rock Hill. The issue was
: a disputed account. The jury found
1 for plaintiff.
| The published statement of the is>
sues in the case of the Universal Pub;
llshing company against J. C. Wilborn,
; was summarized from the answer and
, complaint as filed by the contending
1 parties. They seemed to show that the
I defendant was disputing an account
' that he had guaranteed. As a matter
, of fact, he had stood as security for J.
M. Gibson in the sum of $200. Mr. Gib'
son, however, had a receipt for the
| payment of a part of the amount
> and claimed that he had paid the bal
ance. As the Publishing company
' claimed that the receipt it had issued
was no good, and that no part of the
amount claimed had been paid, Mr.
Wilborn was unable to see any way to
, settle the matter except through a
i Jury. As stated the Jury found for the
plaintiff.
; The case of S. W. Mitchell vs. the
! Woodmen of the World was taken up
I next, and a full report of the conten|
tlon, with a statement of the result, is
[ published elsewhere in this issue.
After the Mitchell case had been
I given to the Jury on Thursday afterf
noon, shortly before 1 o'clock, the
, court took up the case of R. M. Allison
! vs. R. M. Whitesides. This was a suit
on a note for something less than $60.
G. W. S. Hart, Esq., represented the
, plaintiff, and J. S. Brice, Esq., the defendant.
It seems that the note had
* been purchased by the plaintiff from
, the estate of R. T. Allison, deceased,
i and that there was no attempt to col
i lect it until after six years from the
date of its maturity. The plaintiff tes>
tlfled that he had gone to the defendi
ant with a proposition to take $40 for
the note. Both parties were aware
that the life of the note had expired
, under the statute of limitation. The
i defendant, however, according to the
testimony of the plaintiff, agreed to
the proposed compromise, promising to
pay the $40 the following fall. Mr.
Brlce held that the note was outlawed
by statute, and that was all there
was of it. Mr. Hart argued that he
was not suing on the original note; but
on the subsequent promise; that the
promise based upon the note as a consideration
was as binding as the note
Itself would have been, provided the
jury believed such a promise had been
made. Judge Watts gave it as his
opinion that this point was rather too
fine for distinction, and he was inclln
ed to think that after all the suit was
on the note which had been outlawed.
He suggested that he instruct the jury
to write a verdict for the defendant;
but Mr. Hart preferred the case considered
in connection with facts presented,
and the jury retired. The verdict
was for the defendant.
The next case was that of the York
Brick Works against the Carolina and
North-Western railroad. This was a
suit for $1,600, the value of a kiln of
brick, spoiled on account of the alleged
failure of the railroad company to fulfill
a contract. The plaintiff set up
that he had made a contract with the
defendant for an engine and ten cars
to be used for hauling wood for 10
hours for $55 and $1.25 per car per hour
for each hour over 10 hours. The testimony
showed that on the day agreed
upon defendant asked the plaintiff to
pay $55 before the train was furnished.
Plaintiff refused to pay, but defendant
sent train. After the train
had been loaded, defendant again demanded
pay, which was refused. Defendant
started with the wood, and at
first station demanded payment again,
with same result as before. There was
some delay, after which defendant
brought the wood to Yorkville and demanded
$55 before giving it up. Plaintiff
agreed to pay $28.41, the pro rata
time for which he had used the train,
and tendered the money; but the plaintiff
declined to accept, Insisting on the
entire $55. This was on Friday. There
was no agreement and the wood was
not delivered to plaintiff until the fol-J
lowing Tuesday. In the meantime, the
brick kiln, which was burning the while,
was spoiled. After testimony had been
taken to the effect outlined and the
plaintiff closed, defendant's counsel
moved for a nonsuit on the ground
that there was no testimony to show
that the defendant had violated any
part of its contract or gone beyond its
obvious rights in any part of the
transaction. After listening to argument
on both sides Judge Watts granted
the motion.
Th$ court, on yesterday morning,
* TXT P T oHmor VD
IUUIV up 111C V/ODC VI fl V< ? ?.
the York Cotton Mills. Mr. Latimer
claimed that he had a contract to serve
the York Cotton Mills as manager for
its contemplated dry goods department
for one year from March 14, 1901. He
alleged tnat the contract was not fulfilled
on the part of the mill because of
the, death of Mr. Aahe^ with whom
said contract was made, and his suit
was for 1900, the salary alleged to have
been agreed upon.
been agreed upon. When The Enquire*
went to press the case had not
been concluded.
A number of cases have been continued
because they could not be heard
at this term, and it is settled that the
court will adjourn sine die during today.
MITCHELL VS. THE WOODMEN.
Not for a long time, if ever, has the
circuit court of York county been called
upon to adjudicate a more novel
contention than that taken up last
Tuesday afternoon in the suit of Samuel
W. Mitchell against the Woodmen
of the World. The contention is novel,
in that it is believed to be the only
one on record in which a secret society
has been sued for injuries alleged
to have been inflicted on a candidate
for membership during initiation,
and the lawyers are unable to
find in published reports any rulings
that are calculated to serve as a precedent
for the guidance of the court. Be
sides all this, the actual facts in t'he
case, including the circumstances In
connection with the origin of the suit
and the respective claims of the plaintiff
and defendant, have heightened the
local interest. There was much in the
testimony that is absolutely unprintable;
but at the same time it is probably
possible to tell the story in a way
to give the reader of reasonable intelligence
all the information he cares to
have without special offense.
The suit wap brought by the plaintiff
to recover 125,000 for damages alleged
to have been sustained by the
plaintiff while being initiated into the
order of the defendant, on the night
of March 22, 1901. The plaintiff claimed
that he had applied for admission
as a sound, healthy man, and that as
a result of his treatment during initiation,
he sustained physical injuries to
his person that could not be counterbalanced
by any amount of money.
He set forth that because these injuries
were caused by members of the order
of Woodmen of the World, the
whole organization should be held responsible.
In reply, the defendant contended,
in the first place, that the
plaintiff was not injured in the manner
claimed at the time alleged; that
if injured at all, it was as the result of
I illness many years before. Even if he
I ho/4 Knnn fn-fnrorl of tVio HmP And nlflnf*
claimed, it was held that the injury
was the result of acts of certain Woodmen,
as individuals, without authority
or sanction, and in disobedience of the
instructions of the sovereign camp of
Woodmen of the World.
The plaintiff was represented by G.
W. S. Hart, Esq., assisted by Major
James F. Hart, and the defendant by
Finley & Brice, assisted by H. C.
Braum, of Omaha Nebraska, general
counsel for the Woodmen of the
World. Mr. Braum was here only in
an advisory capacity and took no active
part in me conduct of the defense.
Mr. G. W. S. Hart conducted the direct
examination on the part of the
plaintiff, while Major Hart conducted
the cross examination. Mr. Brice directed
the defense, being assisted by
Mr. Finley in direct, cross, re-cross
and re-direct examinations as occasion
seemed to require.
In opening their case, the plaintiff
[put up as their first witness, J. C. Root,
of Omaha, Nebraska, sovereign commander
of the Woodmen of the World.
Mr. ivoot gave his testimony in a
ofrolcrHtfnru'Qprl nnoniilvfiPfil mnnnpp.
and established the points that were
desired of him. He fixed the relation
of the subordinate camp at Hickory
Grove to the sovereign camp, testifying
that the Hickory Grove camp was
in good and regular standing at the
time of the initiation of Mr. Mitchell
as well as now, identified Mr. Mitchell's
certificate of membership, gave
an approximate statement as to the
membership of the order of which he
is the head, and stated that an emergency
assessment of 20 cents a member
would raise an aggregate of between
$32, 000 and $38,000. He identified
the constitution and by-laws of the
Hickory Grove camp as belonging to
the authorized ritual of the order, and
stated that the use of "goat riding"
as a side degree was not only unauthorized,
but forbidden.
Rev. J. L. Oates and Mr. W. B. Cas
ties were sworn to establish the fact
that Mr. Mitchell had been initiated,
and to describe the manner of Initiation
along with his treatment in
connection with the goat riding and
how he acted at the time and immedl- ,
ately afterward. They both told of
the goat riding, described Mr. Mitchell
as being good natured at first, and afterward
angry, and stating that he
would not be hurt for all the Woodmen
in the world. Neither was positive
that Mr. Mitchell had said at the
time the he was hurt Both stated
that he remained in the room during
the balance of the exercises, lasting
from a naif to three-quarters of an
hour, after the goat riding experience.
They did not notice that Mr. Mitchell
was in any special pain. They were
quite positive, however, that Mr.
Mitchell was in a high humor while
me riding was in progress, ana mat
he had urged the goat to "get up and
go on."
Mr. S. W. Mitchell, the plaintiff,
was the next witness. He stated that
he was induced to make application to
join the order on the invitation of Mr.
W. T. Slaughter, and presented himself
for initiation on the ' night of
March 22, 1901, about 7.30 or 8 o'clock.
The lodge room was on the upper floor
of what is known as the "Wilkerson
Building." After he had waited in an
ante-room for awhile, Sam Leech
brought a handkerchief and told him
that he must be blindfolded. 'He submitted,
after the declaration that he
was willing for whatever was right.
He was led Into the room with a man
hold of each arm, and was brought to
a suden halt by another man pilshing
him in the breast. After being pus'hed
about the room for an Interval, td the
very great amusement of the members,
Dr. Ward said: "I have examined you
as to your physical condition and general
health, now I want to test your
strength." With that the witness was
placed at some kind of a contrivance
and told to pull. He pulled with all
his might, with the result that there
was an explosion and a sharp blow behind
from a paddle. After that he was
told that he must ride the goat, and, as
before, he said he was willing for what- ^
ever was right. Then the witness told f
of his experience on the goat Still
blindfolded he was placed on the animal
with his feet in the stirrups, and
his hands on the reins. Then the anlnrtol
Knoan tn rnoi* on/i hiinlr Wo
bounced up and down and fell backward
and forwards, while the Woodmen
laughed and hollered. "They told
me to 'sit up.' I said 'the devil; I
can't set up.' [Laughter in the court
room.] The animal kept bucking and
pitching, and I said 'You hurt me.'
They kept on, and i told them 'I didn't
come here to Join mo fools'; I came to
Join the Woodmen of the World.' If
this is what it takes to Join the Woodmen
of the World, I have as much of it
as I want. I would not be hurt this way
for all the Woodmen of the World are
worth." Witness did not know whether
he got off the goat himself, fell off
or was taken off; said he was in too
much pain. After the goat experience,
a lot of stuff was read to him;'but he
said he did not know what It whs, because
he could not give attention. He
went on to say that after the lodge
meeting was over, he went to his home,
applied poumces and went to bed. He
stated that he was confined to his
room for three weeks before he was
able to go out again or do any work.
He described the pain as constantly
growing more severe until a surgical
operation became necessary.
The goat used in conferring the'degree
referred to was introduced in evidence.
It was a wooden dummy,, with
a thick covering of black wool, made
in pretty gooa lmuauon w uie reai wiimal,
with genuine horns. The dummy
was mounted on wheels and raised
some four feet oft the floor. There
was a bridle and stirrups, and extending
from the rear was an Iron bar terminating
in cross handles for manipulation
of the contrivance. The goat
was identified as the same one that $
was ridden by Mr. Mitchell; but the
witnesses all testified that there was a
man on either side of Mr. Mitchell to
hold him on. This, Mr. Mitchell denied.
Major Hart bantered Mr. John W. Linley
to ride the goat with the major as
manipulator; but Mr. Linley declined
the banter with an offer to ride under
the manipulation of other gentlemen
whom he named. His testimony showed
that the goat was purchased by private
subscriptions and figured only in
a side degree not authorized in the ritual
of the order.
Dr. J. D. McDowell was put up by
the plaintiff to testify as to the opera- ?
tlon that had been performed. He
said that he had been called in to see
Mr. Mitchell after the Initiation, and
that he found the condition of the patient
was such as to require an opera- v
tlon, which was performed with the
assistance of Drs. M. J. Walker and C.
C. Leech. He stated mat the operation
confirmed previous diagnosis of the
case; but on cross examination, said
that there were no visible bruises. He
stated that the injuries were of a nature
that may have been' caused .
from the goat riding incident; but did
not state that such was necessarily the
case for the reason that the inception
of the trouble may have ante-dated
that event. Dr. Leech testified to hav
ing made a superficial examination of
Mr. Mitchell after the initiation ceremonies,
and to finding an abnormal
condition that could have been produced
in the manner alleged as well as
In other ways.
In reply, the defense put up Messrs.
Sam Leech, Joe Leech, Dennis Whisonant,
J. C. Root, Robert Westmoreland.
J. K. Allison, J. W. Linley, W.
B. Castles, Drs. T. S. R. Ward, W. G.
White, W. M. Love, R. A. Bratton,
Rev. J. L. Gates and others. Several
witnesses were examined as to the
manner of Mr. Mitchell's initiation,
and while they testified that he had
said something about being hurt, they
did not remember that he had said he
"had been" hurt; but that he "would
not be hurt" for large considerations?
"all the Woodmen in the world," "all
ine goiu in iorK county, etc. wun
Professor Lindley acting as rider,
Messrs. Leech and Whisonant gave a
practical demonstration of their manipulation
of the goat, to the great
amusement of the audience.
The principal witness for the defense *
was Dr. T. S. R. Ward. He testified