Straps and Jacts.
? Knoxville, Tenn., dispatch of June
23: The Summer School of the South
opened its second session here today
under very auspicious circumstances.
More than 1,200 students were enrolled
and more than twice that number are
expected before the end of the first
week. President Charles W. Dabney,
of the University of Tennessee, wel
corned the students In Jefferson hail
and introduced the members of the
faculty to them. The faculty included
900 members, educational experts
gathered from all parts of the United
States. This afternoon Dr. Charles A.
McMurray, of New York, lectered on
city supervision. Prof. L. H. Bailey,
of Cornell university, lectured on nature
study tonight.
? It is estimated that the wheat crop
of the state of Kansas amounts to
60,000,000, and the problem with the
wheat growers of the state is how to
save their harvest. There is a scarcity
of labor. The flooding of East St.
Louis put the big binding twine mills
out of commission and, although the
state of Kansas runs such an industry
with prison labor, it cannot nearly supply
the demand. But this is only a
small part of the trouble. Twenty-nine
counties in the centre of the wheat
belt, says that within ten days they
will need 28,000 more laborers than
they can supply. They are offering
82 a day and board; but that is not
nearly sufficient to bring out the required
labor. There are thousands of
idle men in Chicago and other large
cities: but they are not hunting em
ployment In the wheat fields of Kansas.
? The Southern railway, the Blue
Ridge railroad, and the Anderson Light
and Power company, it is reported,
will send engineers to the Sapphire
country to inspect the great Toxaway
dam. This Toxaway dam is a somewhat
unique structure, hemming in a
lake of water twenty-seven miles in
circumference and of vast depth, in
some places as much as fifty feet.
Much concern has been manifested recently
with regard to this dam, and
well there might be for should It break,
all other floods in this part of the
country would sink into insignificance
beside what would take place. It
may be recalled that in the case of the
Johnstown flood experts examined the
dam and pronounced it unsafe, but the
people of Johnstown heeded them not.
In the light of the recent terrible disaster
of this kind a condemnation of
the Toxaway dam, we predict, would
cause something like a stampede in
the country below.
? A Negro named George White was
burned at the stake on the outskirts
of Wilmington, Del., on last Monday
night for the crime of rape committed
on a 17-year-old white girl, Helen S.
Bishop. The crime had been com-,
mitted about a week before and the
Negro had been put In Jail. There was
constant muttering among the people,'
however, and these mutterings Anally
developed Into an assault on the Jail.
Several hundred people participated.
The jailers made a pretense of resistance
and many shots were Ared by the
mob. One member of the assaulting
party was fatally wounded and another
was hurt. The mob took the Negro
to the neighborhood of the crime and
he made a complete confession, giving
details of his act. He stated that if
he had been a white man there would
have been no lynching. The burning
was attended to with dispatch and
within half an hour, but little was left
of the Negro.
? Charlotte Observer, Wednesday:
Mr. A. Gordon Jones, assistant to the
general superintendent of the eastern
district of the Southern railway, was
a guest at the Central hotel last night.
In reply to a question from an Observer
reporter in regard to the progress
of the work in the immense undertaking
of double-tracking the entire system
of the Southern, he said that a
large force of hands, numbering into
the thousands, is now at work on the
Washington division of the road and
that they are making good headway.
This part of the road will be completed
first, then the men will be brought
down to this division and the work
carried on here. Exactly when this
will be, of course, cannot now be
stated, but all dispatch is being used
to hasten the undertaking as rapidly
as possible. It may be of interest in
this connection to say that twenty Negro
laborers left Charlotte Monday
night for a point Just above Charlottesville,
where they join the railroad
crews at work there.
? Washington dispatch of June 24:
New York city is to have the largest
bank in the United States and in the
world. It will be larger than the Bank
or njngiana or or any or rne ramea
financial institutions of the old world.
This information is brought to Washington
by an agent of one of the large
financial concerns of the metropolis.
Just how soon the big enterprise is to
be launched is not decided, but overtures
have been made to see if the
government will raise objection to the
capitalization and to the organization
of the bank under the national banking
laws. The refusal of the government
to sanction the venture is the
only thing that will prevent carrying
out the scheme. It is not probable
that any obstacle will be met as the
same safeguards will be Insisted on
and the same precautions taken by the
government after the organization as
are taken now in the smallest bank of
the United States. The capitalization
is to be $100,000,000. This will equal
the government's gold reserve and will
be much larger than the capitalization
of any banking or financial Institution
in the world.
? Raleigh, N. C., dispatch of June
23: Four Seaboard Air Line men are
dead and one badly injured as a result
of a head-on collision at Niagara,
N. C., sixty-five miles from Raleigh,
and within three miles of Southern
Pines. Both engines were torn to
pieces and five freight cars badly demolished.
The dead are: Engineers
S. T. Stewart and W. P. Wall and Firemen
Walter Bond and Brewer. Stewart
is a Canadian, while the other three
are North Carolinians, all making
their homes here. Stewart was taking
an engine and tender to Hamlet,
and was going south. He passed aj
north-bound freight at Vass and evi-l
dently forgot another freight behind
that. At Niagara he shot his engine
up a grade around a curve. At the
same time the freight, in charge of
Engineer Wall, came flying down the
grade around the curve. One fireman
on the freight jumped as the engines
dashed into each other in a twentyfoot
cut, grinding one another to
pieces. The two engineers were killed
at once. Bond, fireman on the freight,
was killed by a beam of wood, driven
upward through his left breast and out
at the neck. Fireman Brewer's body is
still wedged in the wreck.
?lic ftOTbuilte (Snquirrr.
TOBKVUJiE, 8. C.J
SATURDAY, JUNE 27,1903.
In listening to arguments for and
against a change of venue for a defendant,
we are somehow inclined to
look upon "unfair trial" as synonymous
with conviction and "fair trial" as
~ n.liU O f Q 1 Thof 111
synuiiymuuo wuu uutu>.
the -way the attorneys on both sides
seem to view the matter.
One of the most significant political
fights of the summer has just come to
a conclusion in the State Democratic
convention of Iowa. It was between
the Bryanites and the Re-organizers
and the issue was the re-afflrmation of
the Chicago and Kansas City platforms.
The re-organizers won by a
vote of 461 to 353; but they have no
great pride in their victory. Because
of its closeness, they can hardly hope
to get along without further friction.
Colonel Wylie Jones gave an affidavit
to the effect that the feeling in
Columbia was strong against Col. J.
H. Tillman, and then wrote a letter to
the - effect that the affidavit must not
be construed as conveying the impression
that, in Col. Jones's opinion, Col.
Tillman would not be able to get a fair
trial. One of Col. Tillman's attorneys
suggested in his speech that social and
business influence had been brought to
bear on Col. Jones, and that was very
unkind for it must be admitted that
the circumstances show that Colonel
Jones was really very impartial.
The Change of Venue.
Change of venue, in legal parlance,
means the transfer of trial at law from
one county to another, and the object
of such a proceeding theoretically is to
escape such overshadowing prejudice
as would prevent a true verdict in accordance
with law and facts.
In view of the fact that under the
thebry and practice which obtain in
this country, the people among whom
an alleged crime is committed are supposed
to be best able to deal complete
justice, the removal of a trial to another
community, is an expedient that
should be adopted with the most absolute
caution.
Suppose a citizen of Yorkvllle should
go down to Charleston and in the presence
of a number of witnesses deliber
ately slip upon, stab and murder a
citizen of the latter place. The circumstances
of the crime would be so
clear and so outrageous that the conviction
of the murderer would be a
foregone conclusion from the first,
and It would seem that It ought to be
so. The only hope that the murderer
could have of escape would be a
change of venue. If he would get his
case back to York there would be a
possibility of his being able to palm
off a perjured story, and make It appear
that the Charleston witnesses
were prejudiced liars, and In this way
he might be able to secure an acquittal,
where he really ought to be convicted.
Although the law is an exact science,
it is often lacking of exactness in its
interpretation and execution, and
while presumably every jury everywhere
would .return an identical verdict
in the same state of facts, actually
different juries would return opposite
verdicts on the same state of
facts.
In murder cases, especially, it is a
fact that exact justice is not always
the end aimed at. It Is too often the
case that murder trials are mere matters
of popular elections, the jurors expressing
not their judgment or conscience;
but their individual preference.
Mnrriprprs aro nnnishpd not onlv to
prevent them from repeating their
crime, but for the wholesome and deterrent
effect on others, who might
feel inclined to commit similar crimes,
and when one escapes absolute justice
the whole commonwealth suffers because
of the resultant insecurity to
life and property.
We do not think much of this idea
of granting a change of venue, especially
on motion of the defense. As a
rule the defense wants justice only
when justice means acquittal, and the
virtual confession that he would be
convicted in the community in which
his crime was committed is to be taken
as suggesting that even in his own
opinion his case is bad.
CHANGE OF VENUE FOR TILLMAN.
Court Decides That Slayer of Gonzales
Cannot Get Fair Trial In Columbia.
Argument on the motion for a
change of venue in the case of James
H. Tillman, indicted for the murder of
N. G. Gonzales, was concluded at 5
o'clock last Wednesday afternoon, and
Judge Townsend at once announced
his decision that the change should be
granted. Counsel disagreed concerning
the county where the case shouldbe
sent, and after sleeping over the
matter, Judge Townsend announced
that he had chosen Lexington.
Wednesday's proceedings opened
with the argument of Mr. Andrew
Crawford, for the prosecution, against
the motion. He spoke for an hour and
a half, and his presentation of the law
was highly complimented. He was
followed by Mr. P. H. Nelson, for the
defence, who also devoted himself
largely to the law of the case. Mr. G.
Duncan Bellinger, formerly attorney
general, next addressed the court for
the prosecution, first answering the
arguments on the other side. Solicitor
Thurmond closed for the psosecutlon
in a clear-cut. speech.
The sensation of the day followed,
when ex-Judge O. W. Buchanan, the
defendant's brother-in-law, addressed
the court. It was not thought that
Judge Buchanan would speak, espec
lally as the defence had left only about
fifty minutes of the time allotted that
side, which, it was presumed would
be occupied by Congressman George
W. Croft, Tillman's law partner. But
Judge Buchanan spoke for thirty mlnues
and delivered a bitter arraignment
of the press, the commercial Interests
and the people of Columbia generally.
He asserted that commercialism had
supplanted the old southern standards,
and that the press was now at liberty
to abuse and villify any man who
spoke his honest convictions. He
charged that the State had goaded the
defendant to desperation by its abuse
of him, and said the State had now
cracked its whip and lashed the citizens
of Columbia into signing affidavits
for the prosecution under fear of the
State's power. He charged that the
capitalist interest and the press were allied,
and that men had been intimidated
into signing those affidavits, lest their
position or their business be injured.
"By grabs," exclaimed Judge Buchanan,
" if they don't like this let them
lump it"?
JUUgC 1UWUOC1IU UUCII u^icu mt
speaker to say that he was consuming
the time of the defence and leaving
none for Mr. Croft
Mr. Buchanan then took his seat and
court adjourned for dinner, with fifteen
minutes remaining of the allotted
time. This was extended and Mr. Croft
closed the argument, after dinner, In
a strong speech of about twenty minutes.
;
At the close . the court announced
Its decision to grant the motion and
asked counsel for suggestions concerning
the place to which the case should
be transferred. Mr. Croft suggested
Saluda, but to this Solicitor Thurmond
objected on the ground that Saluda
court house is fourteen miles
from the railroad and accommodations
are too meagre to entertain the two
hundred witnesses who would have to
be transported there.
Mr. Crawford also spoke in objection
to Saluda, saying that the defendant s
father, the late Congressman George
D. Tillman, was the father of Saluda
county and that until recent years Saluda
was a part of Edgefield, the defendant's
home.
Mr. Nelson spoke strongly in favor
of sending the case to Saluda, alleging
that the defendant was entitled to a
speedy trial and this could not be had
unless it was sent to either Saluda or.
Edgefield, as court for this term has
been held in other counties of this
circuit.
Mr. Bellinger replied to the remarks
of Messrs. Croft and Nelson with much
vigor, asserting that to transfer the;
case to Saluda wpdld be unt$se and;
unjust to the prosecutioh as well as
inconvenient. He said that the defendant
had waived his right to a speedy
trial by asking for a continuance at the
last term, of court, when the prosecution
was anxious to proceed. There
were several lively tilts between
Messrs. Nelsqn and Bellinger.
Mr. Croft closed the argument, asserting
that there were ample accommodation
at Saluda and that it is not
a Tillman stronghold. Judge Townsend
then instructed the attorneys to
draw up an order for a change of
venue and leave the county blank.
ROCK HILL HAPPENINGS.
Cadets Havina Great Time?Mill Hand
Makes Trouble?The Summer School
?Yorkville Visitors.
Correspondence of the Yorkrille Enquirer.
Rock Hill, June 25.?"We came, We
Saw, We conquered." The old Roman
saying Is peculiarly appropriate to the
presence of the cadets among us. They
are in evidence everywhere?at entertainments,
socials, balls?their acceptable
appearance is enthusiastically
welcomed. And deservedly so. A
more gentlemanly appearing or a more
gentlemanly behaved set of young men
is rarely met with. They are an honor
to the state and the "old Citadel.'*
That their visit is mutually enjoyable
to themselves and to the citizens goes
without saying. The weather, so far,
has been perfectly charming, and
while the' duties of camp life have
been rigorously enforced, yet sufficient
opportunities for pleasure has been afforded
them to make their visit a most
enjoyable one. It has given our people
pleasant occupations, as witness
the throngs that wend their way campwards,
every evening.
The monotony of camp life was diverted
by a "trial march" to the works
of the Catawba Power company last
Tuesday. The genial manager, Mr.
Harry Wylie, was on hand to render
every assistance and it Is needless to
state that this part in their programme
was thoroughly enjoyed.
On Tuesday night the second complimentary
ball was given the cadets.
Their excellent orchestra furnished the
music. Friedheim's hall was simply
packed. That "tripping the light fantastic"
is as popular as ever in Rock
Hill was clearly demonstrated, as over
ninety couples occupied the floor, and
the spectators were there in such force
as literally to cause a "jam." Yorkville
was well Represented by its young
people, while the neighboring cities
supplied their quota. Rock Hill's reputation
for unstinted generosity is getting
to be proverbial, but she has nobly
lived up to it in the last few days.
The cadet's commencement will begin
next Monday, with the baccalaureate
sermon by the Rev. F. W. Gregg,
'94, at the Presbyterion church. On
Tuesday,. General McCreary, of Charleston,
will deliver the address to the
graduates at the Winthrop college auditorium.
A large number of the
alumnae is expected.
Yorkville's generous request for a
visit from th<? raHpts (""nlnnpl Poward
was reluctantly compelled to decline on
account of the pressure of duties.
What looked at one time, as an ugly
affair, was averted by the prompt
measures of the Highland Park mill
authorities. Several of the hands, it
appears, asked for an increase of wages,
and being refused, apparently quitted
work. Mr. J. K. Collins was told
by Superintendent J. T. McNeel that
they would be paid at the regular payday.
Mr. Collins was requested to
leave the premises, but persisting, he
was arrested and tried before Mayor
Hull for disorderly conduct, but was
discharged on the ground of insufficient
evidence. Later he was arrested
on a warrant for trespass, but Magistrate
Beckham held there was not sufficient
evidence to prove the charge.
As July 4th this year falls on a Saturday,
it was decided at a meeting of
the city merchants, held at the Com
mercial club, to keep open on that day
and to close on July 6th?the following
Monday.
The summer school was opened last
Tuesday. President Johnson, on behalf
of Winthrop college, gave the
teachers a most cordial Invitation to
make that Institution "their home"
during their stay,' and literally threw
its hospitable doors wide open for the
occasion. State Superintendent Martin
was duly on hand and greeted the
teachers very pleasantly. Everything,
already, is moving like a piece of welloiled
machinery and much good will
undoubtedly be accomplished. The attendance
this year is not quite so large
as in previous yealrs, but the enthusiasm
of the "students" will amply make
amends for a slight falling off in numbers.
An admirable course has been
arranged and distinguished educationalists
will be heard from time to time
within Winthrop's honored walls.
A charming and delightful reception
was tendered the visiting teachers, the
officers and cadets of the S. C. M. A.
and the citizens generally, last night,
by the authorities of WInthrop college.
From 8 to 11 p. m., the college and
campus were the scenes of animation
and gayety?the "Campus course" being
decidedly the more popular.
Among the many visitors from Yorkville
who have enjoyed the festivities
of this gay city during the past few
days, were the Misses Mary Ashe,
Birdie Bird, Anna Spann, Nellie
Schorb, Marlon Logan, Rose Lindsay,
and the Messrs. Illion Johnson, George
Heath, J. R. and T. J. Ashe, Latta Parish
and Frank Dobson.
Major Jas. F. Hail and Mr. W.
Brown Wylie were here on business
last Monday, and also took in "Camp
Wade Hampton." Major Hart is a
distinguished alumnus of the S. C. M.
A. of the class of '67.
GOOD ROADS SUGGESTIONS.
Sand Cheaper'Than Macadam, and a
Roof Better Than Either.
Editor of the Yorkville Enquirer.
F note from vour naner that there is
to be a convention- in -York county soon
for the purpose of considering the road
question and I would like to offer a
suggestion or two. .
Somehow or other I do not think a
great deal of the idea of macadamizing
roads. It takes 3,520 four-horse-loads
of rock to macadamize a mile of road
to a depth of ten inches. Besides this,
there is the cost of hauling to and
from the crusher, and this taken in
connection with the crushing, makes
the whole thing tod expehsive.
The best suggestion that has ever
come to my attention for road improvement
in a clay country is that of
mixing the clay with sand. Where
there is plenty of clay, there is generally
plenty of sand; but it is usually
in the creek and branch bottoms where
it does more harm than good. I think
that by the erection of proper tanks
and windmills this sand can be pumped
out of the bottoms to stations conven
lent to the roads, and mixed with clay
at much less cost than Is required for
macadam work.
Then there is another thing. The
covered road idea Is not to be dismissed
without proper consideration. The
Idea may be noyel ln this country, but
It has had practical tests elsewhere
and has been proved successful. Drain
the roads well and cover them and you
will make them better than is possible
with either sand or macadam. Besides
this, the degree of added comfort that
Is secured for both man and, beast
goes a long way to pay. the expense.
Chester, June 24, 1903. w.
'SOUTH CAROLINA NEWS.
Demand More Wages. .
Piedmont special of June 24 to the
Columbia State: It seems that the Negrdes,
big, little, oH and young, employed
hereabouts <99 nurses, cooks,
etc, have quietly formed a "combine"
and are demanding rrom 26 to 75 cents
a week more than they have been getting,
and. are "walking out" where
they' do not get a raise. This is partly
due to the abundant crops, of plums
and blackberries, and partly to the
scarcity of farm laborers. Some of
them prefer to feast upon the blackberries,
etc., and the others ask 60
gents per day for hoeing cotton.
. * : - ' ?
Raid on Moonshiners.
Spartanburg Herald: On Monday
morning before daylight State Constable
Ewbanks and Chlefvpf Police Duncan,
of Blacksburg were out In quest
of Illicit booze. On King's Creek, a
few miles below Blacksburg, they ran
across every accompaniment and requisite
to an illicit distillery, except the
still, and the smoking- embers at the
spot were sufficient evidence that
"something was doing" prior to their
advent. In the absence of the distillery
these officers destroyed twenty
gallons of low' wine, 3,000 gallons of
still beer and captured every appurtenance
belonging to the distillery.
Death of Miss Mattie Boyce.
Due West special, of >June . 24 ^to^-.the
Columbia State: Miss Mattie Boyce,
lady principal of the bue'West female
college, died her at 10 p. m. yester
day. Miss Boyce was a graduate of
the above institution, having graduated
in the class of "91. In 1892 she expressed
her willingness and desire to
do missionary,;work and was sent by
the foreign mission boar(I ot R*
P. church to one of their fields of labor
in Mexico, and there she remained five
years, trying by her life and work to
enlighten and Christianize all with
whom she came in contact. In '97 she
was forced to give up this work because
of ill health and returned to her
brother's home in Idaville, Tenn. She
became a member of the faculty of the
Due West Female college in the summer
of 1900 and began her work there
in September of the- same year, and
continued until cut down by her last
illness one week before the recent commencement.
Since then she had gradually
grown weaker and weaker up to
the end. Her brother, the Rev. T. G.
Boyce, D. D., and sister, Miss Emallne
Boyce, of Idaville, Tenn., have been
witn ner in ner last iiiness.
Loss at Clifton, $300,000.
Spartanburg special to Charlotte Observer:
The board.of directors of the
Clifton Manufacturing company, in a
letter to the stockholders relative to
the recent flood, sets forth the losses
of that company and its future plans.
The damage 0Y1 mills Nos. 1 and 2 is
estimated at $300,000. Following is
part of the circular: "Four warehouses
at mill No. 2, with 1,794 bales
of cotton, have been lost, almost totally.
What we most deplore is the loss
of life caused by thirty cottages having
been carried away in the torrent
before the* inmates escaped. After
careful inspection of property as now
standing, we are inclined to think it
is worth $1,000,000 to the stockholders
as a basis on which to renovate and
reconstruct the plant in time. Besides
we we.e most fortunate in saving
9,000 bales of cotton, and there being
no manufactured goods lost, having
quick assets which can be converted
into cash at once, more than sufficient
to cover the present indebtedness."
The board of directors of the Converse
places the loss at Glendale at $63,000.
The capital stock is to be raised from
$350,000 to $500,000 after July 1. That
date is the regular time for the paying
of the semi-annual1.dividend upon the
capital, but this hafe been rescinded,
the profits going into additional capital.
LOCAL AFFAIRS.
NEW ADVERTISEMENTS.
York Drug Store?Has a small quantity
of Mason's fruit jars that it will
name you a low price on. Also has
extra rubbers for those who have
old jars.
Loan and Savings Bank?Quotes a
Frajiklln proverb, the soundness of
which cannot be questioned.
Riddle & Carroll?Have received a
shipment of extra choice mackerel
which they especially commend to
their customers who demand nothing
but the best groceries.
C. P. Lowrance & Co.?Have clear
glass Jelly tumblers with close fitting
tin tops. Also have fresh tinware?something
out of the ordinary.
M. C. Willis, Mayor?OlTers a reward
.of $10 for the name of the person or
persons,. with evidence to convict,
who have been tampering with water
meters on King's Mountain street.
T~ A nAfl/tA
uauc liiuuiao, ona.ii/ii v/jtvo uwuvw
to the debtors and creditors of the
estate of Edward Thomas, deceased.
Probate Judge McCorkle?Gives notice
that Mrd. M. E. Harper has applied
to him for letters of administration
on the estate of J. S. Harper, deceased.
J. Q. Wray?Announces a special sale
of remnant laces, In which there are
some rare bargains. He also publishes
a list of the ladies who have
been voted for In the sewing machine
contest.
Foushee Cash Store?Says a child Is
lost in its IE cents pants, 5 cents
suspenders and 25 cent shirt. Older
people can also be pleased with
work and dress shirts.
Jas. M. Starr & Co.?Call your attention
to the International Stock Food
Co.'s remedies for farm animals,
' which they have for sale.
NOTE AND COMMENT.
The secretary of state has authorized
the Catawba Power company to
increase its capital stock from $650,000
to $750,000,
The Charlotte Chronicle reports the
first cotton bloom of the season. It
was sent by the Williams & Shelton
1 company, of Chesterfield county.
Although cotton is small for the
season, it is worth nursing. Many a
year has it' been since such prices as
now prevail have been realized before,
5 and the promise for next September is
good.
PARISH VS. SMITH ET. AL.
The Columbia State of Wednesday
gives the following synopsis of the
supreme court's decision in the York
case of Parish vs. Smith et. al., the
issue involving an undertaking in
claim and delivery and liability of sureties:
This was an action against the sureties
of- R. J. Smith on an undertaking
made and delivered in a previous ac.
tion against said Smith of claim and
delivery. '
In. the action first tried the Jury
found "for the plaintiff all the goods,
chattels and stock enumerated In the
complaint, valued at $300." Upon said
verdict judgment was duly entered
"for the property herein set out, and
if said property cannot be found then
for Its value, as appears Dy me scneuule"
set forth in the Judgment.
In this action (Judge Dantzler presiding)
the jury found in full for the
plaintiff and Judgment was duly entered.
The defendants appealed.
By the terms of the undertaking thedefendants
became liable not only for
the return of the property to the
plaintiff if the delivery thereof should
be adjudged, but likewise for the payment
to him of such sum as might in
, that action for any cause be recovered
against the defendant. Code of proI
cedure, Sees. 232, 283.
The sureties here were clearly liable
1 " A ~ * * " ?A# 1 nf n_
CO cne IUI1 CAieui ui mc rciui? fiup
, erly rendered under the pleadings in
the action against R. J. Smith. Finley
v. Cudd, 42 S. C. 127, 20 S. E. 32;
Thomson v. Joplin, 12 S. C. 680; Smith
i v. Moore. 7, S. C. 209.
The sureties would have been liable
to the full extent of the verdict if it
had been rendered simply for a certain
sum of money.
The facts of the taking of the property
in the action in claim and delivery
and the subsequent delivery thereof
to the plaintiff having appeared in
testimony for the plaintiff in this ac!
tion the trial Judge properly granted
the plaintiffs motion to. strike out
those paragraphs of the answer which
set.forth those facts as a defense.
Archer v. Long, 47 S. C. 556, 25 S/ E.
84.
The regularity of the judgment in the
principal action cannot be questioned
' ? l - **
in an action orougiii, auer auui juuement,
against the sureties on the undertaking.
Thomson v. Joplin, supra.
The verdict In the action of claim
and delivery here states clearly the
property which the Jury intended to
find for the plaintiff, and the assess,
ment of its value was no doubt Intend-;
ed as an alternative verdict In accord|
ance with the statute.
Where such construction is possible
a verdict must be construed as conformable
to the requirements of the.
law. Bardin v. Drafts, 10 S. C. 493.The
verdict In the action of claim
and delivery here was conclusive
against the sureties.
Judgment below affirmed. Opinion
by Mr. Justice Gary. Filed June 20.
Mr. Jas. F. Hart for appellants: Mr.
Thos. F. McDow for respondent.
THE ROAD QUESTION.
While. In Yorkvllle last Saturday,
says the editor of the Rock Hill Herald
In Wednesday's Issue, we had a brief
conversation with Major Jas. F. Hart,
one of the good roads committee. At
our request he consented that some of
the views expressed be published.
"As to the improvement of roads,"
he said, "we have now no adequate
legislation to guide us. The legislature
must be appealed to before
we can make a start. It may authorize
special tax levies, or may allow of the
Issue of county bonds, to be voted by
the people for that purpose. But no
Improvement should be considered until
the whole subect is taken up in a
business-like way. A county engineer
should be provided, and a survey of
every important highway be first
made, with profiles and estimates of
the nature and cost of the improvement.
These estimates should be submitted
to the county board of commis-sioners,
or to a special road commis
sion for revision. The cost of each
piece of work should thus be ascertained
as well as its importance and
necessity.
"It will require money to build
roads, raised in some way, and each
dollar ought to be applied with the utmost
economy after careful surveys
and estimates of cost.
"It must not be expected, after a beginning
is made, that the work can be
accomplished in a hurry. It will take
j ears of economical expenditure. It
will not be wise to employ too much
labor at any one time, and reduce the
farm supply In any county. Work can
test be done in August and September,
when farm labor is largely unimployed."
"We must pull down all our old
ways of Inefficient and costly road
making, and get on a business system,
as exact and economical as a railroad
company would employ in grading a
section of its road. A little money
wisely employed, is better than a great
sum expended at haphazard." .
These views seem to as altogether
sound and contain a suggestion as to
what is best to be done in this county.
Major Hart has given the subject of
road improvement very considerable
attention and after conferring with
leading men in all parts of the coun
ty has come to the conclusion that i9
embraced In the above.
The i-ecent road agitation has had
one hurtful effect in. the county, as we
learned while in Yorkville Saturday.
It has broken into several neighborhood
plans to haul rock this summer
for the purpose of improving important
highways whose condition last
winter rendered them impassable. We
fear that it has postponed the proposed
improving of the highway leading from
Rock Hill in the direction of Catawba
Junction and the bend of the river.
A plan to accomplish this important
work was fairly under way this spring,
the farmers expressing a desire to contribute
liberally to this end, but from
opinions recently expressed by some
of the gentlemen who were enthusiastic
on the subject several months ago,
there seems to be but little interest (
taken in that plan now.
The county movement seems to be i
meeting with considerable opposition. (
and as there appears to be but little
4Wa4 iMAHAtrA- 1
uneiuiuuu mat an>. gcuciai
ment will be wrought In the county for 1
some time to come; the Herald would <
Jlke to see a renewal of the proposition
to organize for the purpose of im- ;
proving the highways In this township.
The Herald stands ready to .co-operate i
In any way possible and we believe the ]
people of our city would be glad to
do all in their power to further any
effort to accomplish this work so Important
to Rock Hill and the people (
of the township.
HOMICIDE AT FERGUSON MINE.
James McLester, white, shot and
killed Jack Foskett, also white, at the
Ferguson gold mine, near King's Mountain
battleground, about fourteen miles
northeast of Yorkville, last Tuesday
afternoon. Coroner Louthian held an
inquest Tuesday night, and brought i
McLester to Yorkville, committing him
to Jail at about 3 o'clock Wednesday
morning.
Just what the shooting was about j
is not altogether clear; but from the
circumstances there is reason to be- ,
lieve that Mrs. Foskett, a good looking
young woman, employed about the ,
mine as cook, may have been either
the witting or unwitting cause of the
trouble. It is thought that her hus
band was Jealous of McLester. That is
the impression that is conveyed bycommon
rumors .{ *>
McLester is a young unmarried man,
aged about twenty-six. He-had been
employed at the mine for sometime/
and the story he told the coroner was
to the effect that he had been informed
by Mrs. Foskett that her husband
had threatened her life. He was sitting
in the sand house Tuesday afternoon,
mending bands, when, happening
to look up, he saw Foskett approaching
in a threatening attitude
with a heavy stick raised over his head
as if to strike. Since the warning
from Mrs. Foskett, he had been carrying
his pistol, and drawing it quickly, ,
he began firing. He fired four shots,
and during the filing Foskett fell to
the ground dead.
V. McLester's testimony was purely:.
voluntary. Mrs. Foskett seemed to be
anxious to make a statement, and she
was permitted to do so. Her story
was to the effect that her husband had
several times told her of his intention
to kill McLester. He had made such
a threat on Friday, June 19, and had
exhibited to her the pistol with which
he said he was going to commit the
deed. She said that he had repeated -(
the threat on the afternoon * of* thet tilling.
That Was at their house. She
did not say, however, thaf he had a
pistol at that time. Immediately after
advising her of his purpose, he left the
house, presumably to carry it out;
He went through the bushes toward
the mine. She watched him. "I heard
the report of a gun in the direction of
the mill," the woman stated to the
Jury, "and turning to the children, I
told them that Jack (her husband)
had killed Mr. McLester." She liaid'
that she considered her husband a very
dangerous man.
The weapon with which the killing
was done was a 44-calibre Colt, sixshooter.
Two shots went wild and two
took effect. There are still two unexploded
cartridges in the revolver.
Ope of the shots that hit Foskett went
through his head and the other through
his body, in the neighborhood of his
heart. According to expert medical
testimony, either shot was calculated
to produce death, the latter almost instantly.
j ,
McLester surrendered to the coroner
promptly upon the rendering of a'
verdict by the Jury, and gave up hia
revolver. He came to . jail without ?j
objection. He says he is a poor man.f
having only a few dollars in cash, and
about a month's wages undrawn. -He (
claims that the killing was purely in
self-defense and that that is all there (
was of it. ' . - ,
ABOUT PEOPLE. i
Miss Rose Lindsay Is visiting In i
Rock Hill. f
Mr. and Mrs. H. C. Strauss are at i
home from Arkansas. I
Mr! J. Leander Parish is quite sick |
at his nome near xoricviiie.
Mr. R. A. Dobson attended the mar- i
rlage of his sister on Wednesday. i
Mr. W. M. Allison, of Henrietta, N. j
C., is spending a few days in Torkville. i
Mr. Mack Schorb is working as line- i
man for the Bedford" Telephone com- .
pany. ]
Mr. Robt Witherspoon of Guthries- i
ville, spent Friday in Torkville on bus- i
iness. i
:> Miss Massie Ashe of McConnellsville, j
is visiting the family of Mr. Brooks j
Inman.
Miss Sarah Leard of Chester, spent
Friday with the family of Mr. H. H. i
Beard.
Mrs. W. G. Stephenson left Wednes- ,
day for a visit to her old home in
V II feline*.
Mr. J. Harvey Witherspoon has been
elected principal In the Camden Graded
schools.
Mrs. R. J. Mackorell and children
have returned home from a week's visit
in Lancaster.
Miss Connie Baber, of Gastonia,
visited relatives and friends in Yorkville
this week.
Miss Kate Ratchford has returned
to her home near Yorkville, after a
visit to Mr. J. W. Betts' family at
Lesslie.
Miss Nan Meadows has returned to
her home In Rock Hill after a few
days visit to Misses Alma and Strauss
Walker.
Mrs. J. Meek Smith and daughter of
Clover, are visiting relatives and
friends at Gaffney, and will remain
there possibly a month.
Captain Hazel, of the Carolina and
North-Western Pullman service, spent
several hours pleasantly In yorkvllle
)n Thursday morning. . Masters
Wade and Quay Williford,
eft on Wendesday for a..visit-to relatives
and friends in Wlnnsboro.
Mrs. M. L. Smith and. children of
plover, are visiting Mrs. Smith's parents
and other relatives at Bateshurg.
?nd will be absent from hpme.for aev?ral
weeks.
Prof. J. B. Kennedy, who has conducted
the preparatory department of
Ersklne college so satisfactorily for the
last few years, has been'granted a
leave of absence for a year's, study.
Messrs. E. H. and L. A. Rooney, of
Whitinsvllle, Mass., and ' Mr. L. B.
rhomas, of Charlotte, N. C., have' been
In Yorkvllle during the past few
days superintending the placing of
naur monlil nomr In ittA V Arlr Prtf
lien iiiavuiiica j in uic a win w
ton mills. The Messrs. 'Rooney are
stopping at the Parish hotel and
Mr. Thomas with his family, is at the
Bowen house. Ail of these gentlemen
are experts in their business, and they
have made pleasant impressions upon
the people they have met socially: Mr.
E. H. Rooney is a prominent T. M.
C. A. worker, and it is understood
that he is to deliver an address in the
York Cotton mills chapel tomorrow
(Sunday) night.
WITHIN THE TOWN; '
? The two-mill tax for the support of
the Yorkville Graded Schools was vo- '
ted Thursday without opposition.
? The new sprinkler is giving good r
satisfaction, and people generally seem
to agree that the outlay necessary for
Its malntainance is a wise expeoidlture.
? There is a general disposition
among the cooks and nurses to demand
more wages. The ruling wage for
cooks heretofore has been $1 per week.
Now these cooks are demanding $1.26
and $1.50. " ?
The King's Mountain Military
academy of Yorkville has been char
tered with a capitalization of $14,000.
The corporator*, are CoL W? O. Stephenson,
Dr. Wv a. White-and Capt.
R T. Stephenson, i -?
Somebody has been laterferring
with and damaging- the water meters
on King's Mountain street; ahd Mayor
Willis is anxious to* get evidence
against the guilty parties. He Is offering
a reward of $10 for proof to con- .
vict. '
? Since the covering up of-the track
of the Asheville and Spartanburg
division of the Southern railway at
Saluda by a landslide, freight traffic
has increased wonderfully over
the Southern track through Yorkville.
During the past week there have been
as many as. five or six freight- trains
through Yorkville eaeh day. One train
last Friday included; thirty-seven cars.
Most of the-trains going east are loaded
with coal and- those going west generally
consist of empty cars*
? The York Cotton mills have Just
completed the installation of a lot of
new machinery, Including ten combers ^
tor me mampuiauun. ui. oKjyuBu^aiiw.
Two of the combers, were gotten Into
operation on Tuesday last-/and all of
them will be going within the next few
days. It Is expected that this new machinery
will materially . increase the
value of~ the. product, o< the mills. The
Egyptian cotton is. to be converted
principally into, fine yarns; for the
manufacture of hosiery, mercerized
goods and lace curtains, etc.
? Mr. W. D. Grist, of The Enquirer,
has received from the secretary of the
Thomas Jefferson Memorial association
the necessary blanks and has
opened lists for subscriptions. As has
already been explained, the association
will furnish to each subscriber of
10 cents to the memorial, a certificate
of life membership. Each : suDscrjDer
of $1.00 is to receive, a bronze, medal
together with a certificate and .each
subscriber of $1.60 is to receive- the
certificate and a silver - medal. The
medals are especially authorized by act
of congress, and after the closing of
the lists promise to increase in value,
as few holders would be willing to part
with them, and there will be no new
ones to be had at any price. The association,
however, esteems a 10 cents
subscription as highly as it does a $1.60
subscription. A' number of local subscriptions
have already been received
and the lists will remain Opeii at i"ifB
Enquirer office during the 'next thirty
days. *
? Eliza Neely, ' % demented *' NfcjfhJ
woman, had her right foot bddly mashed
by the northbound Carolina and
North-Western passenger train yesterday
morning at a point a short distance
south of the old ?epot To a reporter
for The Enquirer, who was' on
cne spot witnin tt tew imuuica ann
the accident occurred, Engineer Fry
said that just as he was coming around
the curve, he saw the woman attempting
to cross the track. He reversed
his engine and put on the air brakes;
but was unable to stop the train until
after the engine had passed the woman.
He thinks th^t she must-have
gotten her foot caught under the rail,
after which she probably fell forward.
rion^olm Oaoo npnmnHv'' aummfinfM] ' Hp
Oa^/ilUll AkVOO |/t VIII|^??J MMSUSMVacwi- w..
J. D. McDowell and did air that waa <"
possible to make the woman comfortable
before leaving. The woman is
said to have been out of her mind for
some time past and her relatives were
arranging to send her to- the asylum
as soon as practicable.
LOCAL LACONiC8.
Wo Will Send the Enquirer
From now until January 1, 1904, for
J 1.00.
Fire at Blowing Rock.
Lenoir special of June 26 to Char- *
lotte Observer: The Rhododendron Inn,
formerly the Brady House, at Blowing
Rock, with its entire contents, including
some boarders' clothing, was destroyed
by fire about 10 o'clock last
night. The fire was caused by the explosion
of a lamp. The Inn was own?d
and managed by Mr. J. N. Stringfellow,
of Chester, S. C., having been *
ppen this season since June 1st. The
loss is about 15,000 with $2,500 insurance.
The Blowing Rock Hotel, which
is Close by, was in danger.
DobsOn-Sawyer.
Miss Cynthia Eula Dobson was mar ied
last Wednesday afternoon to Mr.
Tully Augustus Sawyer. The marMage
took place at the residence of the
jrlde's parents, Mr. and Mrs. Wm.
Oobson near Yorkville, in the presence
it a small party of close friends and
elatlves of the young people. - Rev.