Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, October 25, 1904, Image 1
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ESTABLISHED 1855. ~~~ YORKVILLE, 8. C., TUESDAY, OCTOBER 25, 19Q4. JSTQ. 86.
? LITTLE
A ROMANCE OF THI
GREAT LORD HAWKE"
CYRUS TOWN
Author of "Commodore Paul Jones,"
of the S
Cz:
Copyright, 1901, bj D. At
chapter vii.
IN THE OLI) WATCH-TOWER.
Grafton did not and the
time of his imprisonment
hang heavily on bis hands. I
An only child, whose moth-'
er, like Anne de Rohan's, had died in
his infancy, he had been early sent to
sea. He knew but little of family life,"
therefore, and even less of children.
Through his connections and influence
he wa8 not without some acquaintance
with the high life of the court of
England?& somewhat unusual privi,
lege for a young naval officer?and he
easily moved in the first circles in
America when his duties permitted
him a rare visit there. Mingling in
this good society he had acquired an
r ease and manner which, added to his
[ native breeding and instinctive digI
nity, enabled him to bear himself
' gracefully wherever he found himself
?but he had no experience with young
girls of the age of the young counk
tess. |
Fortunately his was a sunny, lively
a disposition, full of laughter and hu
mor, which made it not difficult for
him to enter into the spirit of the
play in accordance with his new
friend's fancies. He had been attracted
In some strange way to the little de
Rohan from the first moment he had
seen her?nay, from that morning hour
when he had only heard her in the
garden?and the romantic friendship
^ which she had instituted between
them, and upon which he had entered
to please her and as a pastime for a
prisoner, unconsciously assumed a permanent
aspect.
He took part in the play with a zest
which surprised him, and the more he
was thrown in contact with the
strange and peculiar mind of the girl,
the more she Interested him. She
j was a singular mixture of the young
' and the old, the very childish and the
very wise. She stood, as it were,
k poised half-waj' between the intel\
lectual level of rosette, her playmate,
\ on the one hand, and of the courtly old
?\ marquis, her preceptor and guide, on
the other.
She was too old to play at dolls, he
thought, too young to play at love.
And yet she had done the one and was
doing the other, although the "adorable
Toto" had been neglected of late
for the more adoi-able Philip. Shrewdness,
wit, and ccmmon sense mingled
in equal measure with unbounded
credulity and the most romantic imagination.
And her impetuosity and
abandon were as evident as were her
wisdom or her innocence. I
Grafton kissed the little brown hand
so often that he lather grew to like it
Every day brought him a different
love-token of some sort and a new
and imaginary task to be achieved.'
k But Mademoiselle Anne at last tired
^ of simulation?the most obstinate imW
agination will weary in the end?and
F determined to endeavor to impart a
^ touch of realism to the pretty game. |
One day, therefore, she took him
into one of the rooms of the high
tower, the keep or watch-tower, the
oldest part of the chateau, which he
had never visited before. There she
told him a tale of one of the ancient
ladles of Rohan who had a lover who
came from an alien and antagonistic,
family, who gained access to her,
chamber by climbing in some strange
way the wall or face of the tower,
until he reached the oriel window before
them. He was finally caught and i
killed by the lords of the house on
the threshold of the very room in
which they were standing, she said,
and she wondered if Sir Philip could,
or would, have cone that thing.
"Let us go to the window and look
out, your little ladyship, and we will
see," answered the pseudo knight
gaily. "I am a sailor. I can climb almost
anything that any one else can
ascend."
Together and hand in hand the two
6tepped out on the little balcony overlooking
the sea. Just outside the oriel
window, the wall of the castle, following
the coast line, turned sharply,
making a narrow re-entrant angle
where it joined the round tower. The
tower and the wall were built of rough
stone and their surfaces were much
broken by jutting projections. The
wall and tower sloped slightly inward
from the base to the top.
Philip gravely surveyed the stone
surface of the weather-beaten tower
sweeping below the little platform on
which he stood, and made up his mind
that a daring climber taking advantage
of the irregularities and pro-*
A1 *? Kf?
jecuons in m? siuue, ouu mimcu UJ
the slope and the angle, might, if he
had a cool head, gain the balcony, provided
no one opposed his ascent. Indeed,
since the Baron de Croisic, the
unfortunate lover of the legend had
done so, he felt sure that he himself
could accomplish the feat?given a
sufficient incentive, of course. At the
foot of the tower lay the little nay
spoken of before, and in the bay a
small boat was moored.
He looked agair and more carefully,
leaning far out over the wall, and
with the trained observation of a
sailor to whom the minutest indication
may be of paramount value, he
took careful note of the several projecting
stones, the slope of the walls,
and rapidly mapped out a series of
movements by which the feat could be
achieved.
"Yes," he said at last, "it could be
FRANCE f1
2 DAYS WHEN "THE i
WAS KING OF THE SEA
SEND BRADY <
"Reuben James," "For the Freedom i
pleton & Co., Mew York.
done; It wouia be difficult, dangerous,
in fact, but it could be done?given a
sufficient incentive."
"Am I a sufficient?what is* It you
3ay? I know not that word, I think."
"You are incentive enough for anything.
Shall I try it?" he asked lightly.
The Countess Anne leaned oui
across the coping of the balcony, and
looked down. It was indeed a giddy
height. Her brain reeled as she gazed.
3he would like very much to put Sir
Philip to the test, but in the end she
decided not He might be killed, and
i-V ? ~ " >
ON THE LITTLE BALCONY OVERLOOKING
THE SEA.
that would be a bitter end to their
little play. She recalled that Monsieur
de Croisic had been thrown down
ihere after he had been caught in the
tower. The height was appalling. She
was too iona or sir rniup. oo sne
temporized. She was woman enough
for that, he thought. Indeed, he realized
that she had developed marvelously
in the month he had been with
her. She seemed years away from
dolls now. He wondered why. J
"Not to-day, Sir Philip; some other
time, perhaps, but not now," she answered
him at last.
"As you will, Mistress Anne," he
replied indifferently, and then as a
thought struck him he questioned
her: "Why is this place not guarded,
or the wall smoothed, so that no one
could climb up again?"
"I suppose it was guarded once. As
for the wall, the story I read said that
the lords of the tower left it just as
it wa3, for they thought that the lesson
they had given poor de Croisic
i ould keep everybody away. Would
i keep you away?"
"Not if you were here waiting for
rne, Lady Anne. But why is it not
guarded now?" he persisted.
"I can not tell. Nobody knows this
story except myself and Josette to
v.bom I told it, I suppose. I read it
the other day in some old papers I
found in the library room. I doubt
if even grandfather remembers it or
he would lock up the room. Besides,
what need? There is no one who can
make use of it now," she answered
ertlessly.
But it came into Grafton's mind that
If it were difficult to climb up to that
balcony window, it would be less diffl
cult to climb down Trom It, and the
Idea of escaping sprang Into his head.
Indeed, it had often been with him,
hut he had seen no way whatever to
bring it about until that afternoon,
that very moment in the oriel of that
tower.
Beyond the rocky edges of the shore,
to seaward, the horizon was dark with
the sails of ships. It was the huge
fleet of Boscawen lingering off the
coast in the vain hope that something
might draw the French out from Brest
at that time and a general engagement
rulght be brought about. If Grafton
could gain that window at night, descend
the wall, seize the little boat in
the cove, he might reach the ships! He
stood in abstracted silence gazing seaward
until the girl laid her hand lightly
upon his arm.
"Have you forgotten me. Sir Philip?*'
she questioned him jealously; "were
you thinking of "
"Of home for a moment, my child,
r.f old England, and a better-loved
shore farther away. Those are English
shins and?but never mind, we were
talking of the lady's lover. Yes, I
can see how he might have come up
the wall."
"And of course I will not let you do
that now because?but would you do
it for me some day?" she asked anx
iously.
"Some day, perhaps, I shall show
you," he replied. "I could do harder
things than that for you. But come
let us seek the dragons in the garden,
beauteous dame. 'Tis a long time
since we have had an adventure of
any sort. Call Josette for your court,
and after battle I shall crown you
Queen of Ix)ve and Beauty again. I
can beat you down the stair," he added
as they raced away.
CHAPTER VIII.
THE END OF THE PI.AT.
THAT night he determined to
put in practice the attempt
to escape, the first definite
possibility of which had come
to him that afternoon. Indeed, It had
grown upon him with each passing
moment, ne lay awaae ror -nours arcer
he had retired and Anatole had been
dismissed, waiting until the people in
the chateau, except the guards at the
gate and the watchmen on the walls,
had all gone to sleep. And for a true
knight his thoughts at least were recreant,
since he dreamed not of the
Lady Anne but of freedom.
Toward midnight he arose, dressed
himself quickly, and softly stole
through the deserted halls until he
came to the unoccupied chamber in
the round tower. No especial watch
was kept upon him, no guards were
stationed upon the tower and but few
on the seaward side of the chateau.
Moving circumspectly he had met no
one nor had he attracted the attention
of any sleeper.
He stepped quickly through the great
room to the oriel. He stood for a
moment on the balcony looking out to
sea. It was a bright moonlight night
Away on the horizon twinkled the
faint yellow light of the English ships.
Far below him in the shadow of the
cliffs the waves were breaking in sullen
splashing upon the splintered
shore. He could hear the rhythmical
persistent beat of their tireless assault
upon the rocks, see the white water,
shot with phosphorescent sparks,
churned into foam over the reefs at
the foot of the cliffs.
He hesitated as he surveyed the
scene; although his purpose was unchanged,
he realized as he had not
before, that his undertaking was
fraught with the greatest danger. He
might reach the foot of the cliff alive
or he might not The chances were
against him. Things looked differently
in the night time. A slip, a misstep,
a fall, and death would be the end,
death on the rocks 200 feet below,
with the white foam for a shroud, and
the ebbing tide to bear him far out
to sea.
Yet he must needs go on. But as he
made ready to descend, his thoughts
suddenly went back to the little girl
who had been his playmate during
the past few weeks. He had almost
forgotten her for the moment Was
he a recreant knight thereby? His
conscience reproached him. Strange
as it may seem, he felt a pang of regret
when he realized that once he
stepped over the balcony wall and essayed
the descent he should be parted
from her forever. In death or in liberty
they would be equally separated.
The little Rose of Rohans?to see her
no more! The thought gave mm a
peculiar feeling. He paused, reluctant
He was surprised at himself.
The little maiden with her mingling
of childish innocence and womanly
charm had grown very dear to him,
and the joy he anticipated in soon
regaining Ma liberty was sadly dimmed
by the certain sadness of that inevitable
parting. Yet the feeling was not
strong enough to deter him?then. It
was deep enough, however, to give
him pause. He lingered, thinking
swiftly. It was duty that turned the
scale?duty and love are antagonists
of old.
He had learned something about the
French fleet in Brest and the location
of the defenses in the harbor in his
rapid ride through the town when he
came to the chateau, and from his
frequent although apparently cursory
examinations of the position from the
towers and walls he had learned more.
His information would be of great
\ alue. He- was an offlcer of the king,
and when tl e possibility of escape presented
itself, at all hazards he must
make an effort to reach the ships. The
marquis had spoken once or twice
about exchange, but nothing had yet
come from it and such matters were
slow at best.
As it seemed more feasible, as the
possibility approached nearer, his desire
grew. The detaining image of the
French girl grew fainter. Duty, liberty,
freedom, action?what child could
stand in the way? Therefore again he
HotopmirflH tn nftpmnt thp deseent.
Yet it was a forbidding undertaking
now that he had settled upon it It
had seemed easier in the daylight than
at night time. The bend of the wall
cast (he corner in a black shadow, the
more intense on account of the brightness
of the moonlight beyond.
His mind was in a strange turmoil.
Death?love?liberty?what would be
the end? Pshaw! He would think no
more, he would do it!
He climbed up on the stone railing
of the balcony, turned his back toward
the tower, slid along the coping stone
until he could feel the angle between
the walls with his hand, his shoulders
touching either side of the angle. He
held firmly to the coping of the balcony,
which he determined not to let
go of until he was sure of a foot rest
Then he stretched out his right leg
and felt about in the shadow until
finally his foot hit the first projection.
He breathed a prayer and prepared to
descend. He was glad the angle was
in the shadow. He could not see what
was beneath him. The black cliffs under
his feet hid their terrors from him.
He intended to try it with his face
outward, his back in the angle, his
hands and feet outstretched, clutching
at or feeling for every inequality. He
was about to let go. Another moment
and he had gone, when he felt a
familiar little hand laid upon bis arm.
"Come back, come back, you will be
killed!" whispered a small frightened
voice. He was so startled in spite of
tne quietness or ner aaaress mat un
nearly lost his hold and fell. He recovered
himself, however, by a prodigious
effort, and aided by the girl's
nervous, clinging hands he drew himself
up slowly, and swinging his legs
back over the coping landed once more
on'the solid floor of the balcony. The
idea of disregarding her summons did
not once occur to him.
"Were you doing this for me?"
asked the girl innocently, still clinging
to him as if afraid to release him.
"Mademoiselle Anne!" he cried in
great surprise and annoyance, "why
are you here?" He was trembling violently
from his exertions and the tense
emotions of the past few moments.
"Why not, "Sir Philip? "You arebere
yourself, you see," she answered unsuspiciously,
approaching him and laying
an innocent hand on his arm and
looking steadily at him.
"Yes, but I?come into the tower,"
he said drawing her back through the
window Into the room. How her eyes
gleamed in the moonlight! What
depths were there, what unfathomable
mysteries lurked within their shadows!
He had never seen them so before.
They startled him?those eyes so softly
tender, so deeply blue. And the exquisite
pallor of that face framed in
the misty blackness of her floating
hair?the girl was beautiful.
Following him into the chamber she
stopped unconsciously where the moonlight
streamed In through the window.
For the first time he noticed what she
wore in the bright illumination. Apparently
she was clad in her nightdress
with a loose wrapper hastily
thrown about her shoulders; her little
bare feet gleamed like marble on the
stone floor. One hand hung by her
side, with the other she Instinctively
gathered the wrapper across her breast
with a movement at once modest yet
charming.
"Why, you are In your night-robe!"
he exclaimed In astonishment, but not
raising his voice for fear of attracting
attention. "Your feet are bare and on
these damp stones! You'll catch your
death of cold! My dear child!"
f
TO BE CONTINUED.
thaw and
the mm.
Judge Watts Talks Plainly to
Lancaster Grand Jury.
LYNCHKRS ARB ONLY MllRDKRKRS.
Mobs Always ^Quail Before Sheriffs
Who Have Manhood?Some Actual
Occurences Are Cited to Prove This
Fact?Tribute to Sheriff Hunter?
Governor Heyward Stands For
Duty.
In his charge to the Lancaster
gTand Jury on Monday of last week,
Judge Watts devoted himself principally
to the subject of the recent Kershaw
lynching, and the full text of the
charge was printed in the News and
Courier of Thursday. It is well worth
reading and we take pleasure in reproducing
it as follows:
Now, gentlemen, I come to the most
serious part of my charge to you and
f Lot la in roforonno tn thla lunohlrUJ
down here at Kershaw. It seems, as I
gather from the report the solicitor
made to the governor when he went
to Investigate the lynching, and also
from the newspaper reports, that there
was a lynching down there and a man
was put to death by a mob. Well, that
Is besmirching and befouling the fair
name of your county. I have not the
slightest doubt but what there are a
great number of law abiding citizens
in Lancaster county, as great as in any
other county, who deeply deplore and
regret that occurrence; but unluckily,
and unfortunately for the administration
of Justice in South Carolina, it is
the aggressive mob that runs things
for a certain length of time. Whenever
you get the law abiding citizens
stirred up and whenever they come to
a sense of their citizenship then the
tough and the rough, and mob law and
those who advocate it have got to disappear,
because this is a civilized
state and has been for over a hundred
years, and whenever the law abiding
citizens take an idea in their heads
that they are tired of lawlessness and
get aroused, then they enforce the law
and then they convict all violators
and breakers of the law. But, as I
said before, until they are aroused then
the aggressive and lawless run over
them and they have to submit to it.
Now that is a very disgraceful thing.
Foul, Inhuman Murder.
There is not a single man actively
engaged in that mob that took Morrison's
life that is not guilty of a foul,
inhuman murder. They have got blood
on their hands and they cannot get it
off. Now, I see by the newspapers that
this man Morrison, who was lynched
there, is said to have been a bad man;
that he was a social outlaw; that he
had killed other people. Well, now,
gentlemen, I see by the newspapers
that he was tried and acquitted at the
summer term of the court in Kershaw
county. Then I began to scratch my
head to recall the case. I tried that
ease. I had presided at that court and
tried him for the killing and he was
acquitted. The testimony in that case
developed the fact that he was in the
employment of the Southern Railway
company. Well, as a general rule they
do not employ lawless men. They have
got friction enough in South Carolina
without stirring up the people unnecessarily
by etmploying lawless men; so
trr>m,.<r><r that an T dn the nresumDtiOn
is that when they employ a man t'
think he is a law abiding citizen. The
testimony, as I recollect it, was this:
A lot of negroes swore that they were
going along the railroad making some
noise and that they met Morrison out
on the railroad track and he killed one.
They were State's witnesses. Morrison
went on the stand and testified,
and his wife corroborated him in It?
I am not attempting to give all the
testimony, but simply the substance
of it?he testified a lot of negroes
came along in a boisterous manner,
using vulgar, profane and Indecent
language, and he begged them to stop
and they fired into his house and covered
it with shot, and- they lodged
against the door and on the wall, and
that he returned the fire, and killed
one. Well, now, he did not impress
me in court as being an outlaw. It
was an ordinary case of a white man
killing a negro, in court, and if the
people in Kershaw had gone and furnished
the able and fearless solicitor
of the Fifth circuit, Mr. Thurmond,
with testimony going to show that this
man was an outlaw and lawless man
and helped the law to put him up,
then the young gentleman he killed
would have been alive today and the
people who lynched him would have
been stainless and free from blood on
their nanas.
Now there isn't any doubt about it
that this lynching business in South
Carolina is bringing about anarchy
and lawlessness, and I tell you right
now I have got common sense and so
have you, and I make this statement
and nobody can contradict it successfully.
There would be no lynching in
South Carolina when the prisoner got
into the hands of an officer of the law
unless he connived at it or winked at
It. Whenever you hear of a man being
In the hands of an officer of the
law and he Is lynched, the mob that
took him from him know that that officer
Isn't going to defend that prisoner;
they know he is going to connive
at It or wink at It and not going to
resist them?so, like the fellow who
wants to bring a suit against the railroad
when the conductor wants to put
him off for not having- a ticket or not
paying fare. The conductor says "You
must pay your fare or get off." The
fellow says "Use Just enough of force
so as to give me an action; you needn't
kick me off; but use Just enough
force to give me an action against the
railroad." And that Is the way whenever
you hear of a person being taken
by a mob out of the hands of an officer,
they know that officer is in sympathy
with them and they know he is
not going to resist.
Now there is another thing I am going
to state. I am not going to hold
anv courts under the guns of any mil
Itia. I am Jealous of the military. I
came on after the war when we were
under Radical government and had
United States troops and United States
marshals under them, and they arrested
our people and they couldn't give
hall nor get a fair trial. I like the military
and think it is a good thing. We
have got them In South Carolina. I
think it is a good thing to put down
anarchy; but I don't think any sheriff
who is worth a pinch of snuff is going'
to get hysterical and call in the militia
to protect him and to protect his
prisoners, and advertise to the world
that the county is lawless and the supremacy
of the law being threatened.
8heriff John P. Hunter.
Whenever I hold a court with such
a sheriff as John P. Hunter, and he
and his deputies can't enforce law and
order and protect the court, the officers
of the court and the prisoner on
trial, I am going to adjourn the court
and go home and stay there until the
county gets calm enough to try the
man as the law says a man shall be
tried, give him a fair and impartial
trial. It is a perfect farce. The sheriff
gets hysterical, gets timid, don't want
to offend anybody; telegraphs the governor
to send a militia company to the
Jail to protect the fellow from Jail to
court and to protect the court while
it Is In session. Is that fellow getting
a fair trial? Don't the Jury trying the
case see that public sentiment is high
against him, to such an extent that the
military has to be called to prevent
him from being torn to pieces by the
mob like a wild beast? Now, pen
men, I have this to say. I have all
confidence in your sheriff and I know
if he had got his hands on that prisoner
that night there wouldn't have
been any lynching there or somebody
would have been hurt. And I know
another thlngr. Whenever a mob finds
out that the man who has grot the
prisoner in chargre is going to hurt
them they are not so keen and anxious
for it.
There are always one or two leading
men in a mob, one or two cool-brained
fellows directing the mob, and a lot
of hot-headed people do the work, and
if you put a man like your sheriff in
the Jail here, with one or two good
deputies, I will guarantee that no mob
in Lancaster county can ta'prisoner.
Why? Because they know
he is not going to give him up, and
they know that somebody is going to
be hurt, and if he should accidentally
hit the leader of the mob and kill him,
then there would be a terrible running
and breaking of necks to get away.
Sheriffs who are elected in South Carolina
are generally good men and popular
men, and the citizens of the county
who put them in office don't want
to kill them. What is the result of
hanging this fellow down here? He
was hung last Friday night, two weeks
ago. Court convenes today. If newspaper
reports are correct >he would
have been hung Just as certain as he
was brought here, I take it, under the
testimony. It would have had a very
wholesome effect. It would have punished
the murderer more than taking
him out and killing him in hot blood.
Tf I understand, he had just killed this
gentleman and they hung him while
he was still mad. He didn't care what
they did just then. They took him off
kicking, scrambling and fighting and
hung him. Well, if they had arrested
him and let him cool oiT and realize
what he had done, and let him know
for certain he was going to be hung,
and brought him here and tried him
and hung him legitimately, let the
Judge give him about six weeks to get
ready in, it would have been a terrible
punishment for him to go through?
let, him know he had forfeited his life
and was going to be hung by the law.
I will tell you another thing. A gentleman
in this state told me once that
vears ago he was engaged in a lynching;
said they lynched a negro for
committing rape. He said he was a
prominent member of the church at
that time and took a great interest in
^hurch affairs. That from that day to
this he never felt like he ought to
take any part prominently in church
affairs; that he was an humble fellow
and went to church, and tried to repent
and be forgiven his sins, but he
felt that he was Incapable of directing
the young boys and girls along ChristIan
lines. He said he had never been
the same man since; that they had
all the proof against the "darky" and
the court would have hung him, and
that he regretted extremely that he
ever took any part in it, and that he
had never been the same man since.
Well, now, I think it a very terrible
misfortune for a man to have to kill
any one under any circumstances, even
where he acts strictly in self-defence.
We have to do a great many disagreeable
things in this world, and it is a
very disagreeable duty a man has to
do to take the life of another even to
*ave his own. He Is a marked man
after that. He is apart, as It were,
from human nature and the children
point their fingers at that man everywhere
and say: "That is the man who
killed So-and-So." "Yes," says some
man, "he was acquitted, and ought to
have been." "Well," says another fellow,
"I don't know so well about that.
I heard about the case and I am not
so sure about that."
Courts Open and Ready.
The courts are open and ready to do
the work and, as a general rule?this is
the fifth time I have been going over
the state and I have tried a great
number of cases in that time. The
jury and judges and solicitors all
make mistakes every now and then, but
the general result Is that the Juries
generally give correct verdicts, and we
are a heap better off than we were
years ago, but if we go on this lynching
and besmirching and befouling the
fair name of the state, directly we will
have anarghy; directly some fellow
won't want to adjudicate his property
rights in court and will want to take
the law in his own hands, or a fellow
will kill another in self-defence, probably,
and the dead man's friends be
there and take him up and lynch him,
or the man may have a lot of friends
there and when they attempt that,
they try to whip one another and blood
will pour out. The great trouble Is, a
white man starts out killing a negro
and winds up killing a white man, and
a mob starts out lynching a negro
and winds up lynching a white man.
The whole thing is w-rong. While
a Jury may not convict them, yet
in their consciences they know that
they have done wrong and know that
they have committed murder. If
tjiis man had killed these people, the
courts had acquitted him, and would
have hung him for killing' the third
man. He had a clean bill of health.
He stood trial and was acquitted and
was entitled to a fair, impartial trial
again.
Now, I held court down here at
Florence and there were two parties
charged with rape, who had been
transferred to the state penitentiary
for safe-keeping, and the grand jury
returned a true bill for attempt to
commit rape, and they had to be
brought back there for trial, and I
sent for Mr. Burch, the sheriff of the
county, told him I was going to have
those parties brought back for trial
and safe-keeping, and I was not go
injf lu nave any iniuiaiy, yuu nave
grot to take care of them, and I will
<rive you an order for all the deputies
you want, and he said If I would give
him an order for ten he would guarantee
there would be no lynching.
I did so. He played a bold game,
but It worked. He knew the leaders
of the mob who were going to lynch
these fellows. Then he goes and
has them sworn In as peace officers
and had them in court, and brought
the prisoners Into court under guard
of the men who had threatened to
lynch them. The men were tried and
convicted and I gave them the extreme
penalty of the law and they
were back In the penitentiary that
night.
A Hampton Incident.
I was down at Hampton and two
men were charged with arson, and
they had been sent to the penitentiary
for safe-keeping, and the Juny
returned a true bill. I sent for
Sheriff Roof and told him the same
thing I told Mr. Birch at Florence.
He said there would be no lynching.
He wanted an order for ten men,
and he would select them. I grave
him the order. He brought the
prisoners Into court; they were tried
and the case turned out entirely different
from what people thought it
was. The Jury made a mistrial and
at the next term of the court they
were tried and turned loose.
Down at Wlnnsboro I was trying
a negro and he was convicted and
sentenced to be hung, and was afterward
convicted and sent up for life.
A gentleman on the grand Jury told
me that threats of lynching were
being made. I sent for Sheriff Ellison
and he appointed fifteen constables
and scattered them over the court
house, and shortly after dinner, when
we went back, Mr. McDonald, who
was defending the prisoner, was
speaking. A grreat big fellow got up
and interrupted him. He didn't get
the words out of his mouth until four
men nailed him and carried him off
to Jail, and that ended that.
"Better be Dead."
Now, a man had better be dead than
afraid to do his duty, and he had better
resign when he gets so that he Is
too cowardly to perform the duties of
his office. As long as vou have a
sheriff like the man you have got here
I will guarantee If he ever gets his
hands on a prisoner there Isn't going
o be any lynching, and If there Is
there Is going to be somebody hurt, and
they have got to go over his dead body.
Then his friends are going to have
something to say about it, so you are
going to have civil war right then and
there, and you will Inaugurate a
bloody feud that will last for a hundred
years.
.Now, gentlemen, I have given you
my views on this matter. My conscience
is clear and clean on that. I
cannot enforce the law. The only
thing a judge can do is to tell the
grand Jury and petit Jury what the
law Is. I can't tell you what the facts
are. We have eight fearless solicitors
In this state.- They all do their duty.
They will hew to the line, let the chips
fall where they will, and, as a general
rule, the Juries in this state do thelh
duty fairly. Now and then they make
a mistake, now and then the solicitor
makes a mistake; the judge makes
mistakes sometimes, but, as a rule,
Justice Is properly administered. It
has already been intimated that nothing
has come out of this case; it will
iust die a natural death. They say,
"If there ever was a case of justifiable
lynching1 this is one." There isn't any
lynching justifiable, and men who eneage
in a lynching are guilty of murder,
and the man who had them in
charge, although he may not have actually
participated in it, is guilty as
the men who did it.
"Saul of Tarsus."
According to my recollection of the
Bible in the stoning of Stephen there
is no evidence to show that Saul of
Tarsus took any active part in it, but
when they got through with the Job
they cast his clothes at his feet and
he, standing there, consented. There
Is not a case in South Carolina where
a man gets in the hands of an officer
of the court and a mob gets him that
the officer did not connive and wink at
it. He is as guilty as the people who
*id the work. The governor is doing
the best he can to put the lynching
down. They telegraphed him for militia.
He sent them and they hung
'he fellow before the militia got there.
The sheriff can't be everywhere and
the governor couldn't get the militia
there in time. The sheriff is not to
blame In this matter because he did
his level best, hired an engine and
took an expensive ride.
The governor's conscience is clear,
he did his duty and sent a military
company there. Who is responsible?
"Where was Moses when the light
went out?" I see by the papers they
cut the light off down there. Who cut
that light off? Now, gentlemen, the
law of the state is this: This is the
only case in which the solicitor is
bound by law to inaugurate the prosecution,
and the solicitor can't do
anything unless the grand jury help
him. They are the right arm of the
court. They have as much power in
this court as I have. Whenever they
come into court and make a presentment
I take charge. When you take
the bills and go into your room you
are a co-ordinate branch of the court.
I have no authority over you when
you get in vour grand Jury room. You
- ? 1o%?r frt VAlirOfllvOQ thPTA NftW
this Is the only case where the law
requires the solicitor to inaugurate the
prosecution. It does not make it incumbent
on him to go down there and
swear out warrants though. If the
people in a county where I live or
where you live want to live among
murderers and violators of law and
not bring them to Justice I am not going
to wear crepe on my hat.
The Law.
Now here is the statute: "In the
case of any prisoner lawfully in the
charge, custody or control of any officer,
state, county or municipal, being
seized and taken from said officer
through his negligence, permission or
connivance, by a mob or other unlawful
assemblage of persons, and at their
hands suffering bodily violence or
death, the said officer shall be deemed
guilty of a misdemeanor, and, upon
true bill found, shall be deposed from
his office, pending his trial, and upon
conviction shall forfeit his office, and
shall, unless pardoned by the governor,
be ineligible to hold any office of
trust or profit within this state. It
shall be the duty of the prosecuting
attorney within whose circuit or county
the offence may be committed to
forthwith institute a prosecution
against said officer, who shall be tried
in such county in the same circuit
other than the one in which the of
fence was committed as the attorney
general may elect. The fe?ss and mileage
of all material witnesses, both for
the state and the defence, shall be
paid by the state treasurer on a certificate
Issued by the clerk, and signed,
by the presiding judge, showing the
amount of said fee due the witness."
Now. gentlemen, you see under that
if any person Is lawfully in the custody
or under the control of any officer,
whether he is a state officer or
county officer, or municipal officer,
that means, gentlemen, a town officer,
and he Is seized and taken awjy from
that officer through his negligence or
permission or connivance by a mob or
other unlawful assemblage present,
and at their bands suffer violence or
death the officer shall be deemed guilty
of a misdemeanor. Now, I charge you
as matter of law, if Morrison killed
Mr. Floyd then any officer there had
a right to arret.t him without any warrant.
If he committed a known felony
in the eye of the law, and If that officer
was a state officer or county offi cer,
or an officer under the town government,
and he had In possession
Morrison, ana lr oy nis negligence or
by his permission, or by his connlvmce.
he let a mob or unlawful assemblage
take him away, he Is guilty of
a misdemeanor, and if you find a true
bill and the petit Jury convicts him
then he can't hold any more offices In
South Carolina unless the governor
allows him to do so by pardon. That
is the only case that the solicitor is
bound to prosecute In. The statute
requires him to Inaugurate the prosecution
In this case. Where a warrant
Is sworn out and the grand jury
present a man it is the duty of the solicitor
to take charge of the case and
prosecute it, but it is not his duty to
go around and hunt up witnesses and
have warrants sworn out. This is the
only statute that I know of in this
state that requires him to Inaugurate
a prosecution. Now, gentlemen, I
^ave not the slightest doubt but what
you will do your duty fearlessly and
impartially in this matter.
FAM0U8 MEN'8 DREAM8.
Origin of 8onrte of the Most Noted
Work? of Fiotion.
Some of the most popular novels in
our language o ve their origin entirely
to dreams, for the wonderful work ngs
of the brain during sleep often
furnish material which the author is
not slow to turn to good account. Had
it not been for a dream "Robinson
Crusoe" would prooaoiy never uatn
been written. At the time the plot
was first conceived Defoe was suffering
from great mental worry that resulted
in his fl umbers being broken
by incessant nightmares. On one of
these occasions he dreamed that he
was stranded on a deserted island
alone and began to work out in the
dream a means of existence. So
pleased was he with the experience
that Defoe confessed to feelings of
disappointment when he awokev and
he hastened to put his vision into
readable form.
"Rlenxi" was the dream offspring
of Lord Lytton's brain, the whole
plot appearing before him in the
short space of two hours' sleep between
violent attacks of neuralgia.
Kingaley, after a hard day's fishing;
went to sleep, only to get a shadowy
outline of "Westward Ho"' In his
dream, though what connection the
story had with his sport it is difficult
to understand. Few people know
why Coleridge's entrancing poem.
"Kubla Khan," remains unfinished,
but this masterpiece has a very remarkable
history. The poet had Just
taken an anodyne and dropped off to
sleep, when the poem bega to shape
Itself In his mind, and the 1 nes to run
In rhyming order. When he awoke
he rushed to his writing table and
wrote out the lines as we now have
them, without a second's pause, but
his memory failed him at the conclusion
so the work was never completed.
Another famous poem composed In a
dream was "Tire Bells," while the
same author, Edgar Poe, .formulated
one of the finest pieces of prose, "The
Masque - of the Red Death," during
the hours of unconsciousness.
"The Strange Case of Dr. Jekyll and
Mr. Hyde" probably caused Stevenson
more mental trouble than any of his
other works, but a dream got him out
of the difficulty. He began a story
about a man's double, but It appeared
so unsatisfactory to him that he tore
it up without banishing the theme from
his mind. One night, however, he
dreamed the scene at the window and
a few minor Incidents, while the second
night the remainder of the plot followed,
and the story was soon on
paper.
Another author, G. P. R. James, had
promised to firnlsh the publishers
with the opening chapters of a new
book by a certain date, but he entirely
forgot all about the contract until tfie
night before it expired. He relates
oaf Avar tha fire far Into the
early hours of the morning', but a plot
of any kind absolutely refused to come
to him until, disheartened, he went to
bed. Then, during the hours of sleep,
the missing plot wove Itself mechanically
In his mind and ere the next day
had passed the first few chapters of
"Bernard Marsh' were In the hands
of the publishers.
One of Coulson Kernahan's most delightful
volumes is* "God and the Ant,"
a phantasy that makes It easy to believe
that the book was the result of
a dream. Mr. Kernahan In the preface
acknowledges It to be a vision
which appeared to him In sleep put
Into words. W. L. Allen likewise
dreamed the majority of the plot and
the detail of the opening chapters of
one of his most recent works, which
he very fitly ramed "Out of the
Night."
Only two authors are known to have
gone so far as to cultivate dreams for
the purpose of plot manufacturers.
Dryden often ate raw beefsteaks at
night, and the nightmares that followed
originated some of his most
notable poema Mayne Reld confessed
that his prolificacy in producing novels
was due In some measure to his habit
of eating a handful of horse-chestnuts
ere he retired to reot when In need of
a plot.?Brooklyn Eagle.
? It Is possible to move In political
circles and still he square.