The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, December 18, 1901, Page 3, Image 3
j TRIAL ?F CU
IP A. ^Remarkable Seena
*? mLV" . 1 1 ', B I . ?
General George F. Alf or i, of Dallas,
Texas, liai? told many goo^ stories to
the pr?siV, but tho following ia among
his very best. He bays it is not origi
nal, but his friends who kuow hie pe
ouliar felioitons style will not believe
it. The general is one of the oldest
' residents and best known men in Tex
03?a scholar, poet, statesman and pa
triot.
The name of Jones Hivers awakens
in the minds of many of the older res
ident* of Texas, ctnd especially of the
y older members or the bar, memories of
jr the wit, orator and lawyer v ' a played
so conspicuous a part for many years
in the courts of Texas, and more nar
?tieularJy in the counties contiguous to
the.Brazos and Colorado rivers, thirty
or forty years sgo. Bright, Joyous and
- witty, even the approach ,of death
could not conquer w repress his natu -
" ral exuberance of spirit; for when, on
.a cold) dismal evening in November,
in the then dreary hamlet of George
town, now a prosperous oity, he was
' told that bis hour had oome, he met
the relentless messenger with a smile,
jeatod in his very face, and, with a
witticism upon his i lips, 'passed into
the land of shadows.
B He was genial in manner, eloquent
in speeoh, forcible in argument and
strong in everything save the power to
resist tho seductive influences of the
intoxicating oup. He posseesed in an
eminent degree the "divine .afflatus"
1 that belongs as truly to tho natural
orator as to the true poet; and when
enlisted in a cause that aroused his
sympathies, or when hefcJl the otirau
lating influence of the wine cup, ho
conld, with dramatic skill, touch the
hearts of his hearers, and by the mes
xnerio fervor of his matchless eloquence
stir their deepest emotions. This ir
resistible power was never more sig
- nail y displayed than in the defense of
his friend, Colonel G. 0. Herbert, fa
miliarly known as "Claib Herbert" in
the district court of Colorado county,
more than a third of a century ago.
Clsib Herbert was a superb type of
' a Southern planter under the old re
gime. Born in Virginia, reared in the
fertile fields and genial climate of Tex
as, with a big heart in a brawny, mus
oulsr body, brave and sympathetic.
He lived on hh beautiful plantation
on the banks of the charming Colora
Ido, just belov7 tho town of Columbus.
A m?n of learning and influence, he
v sery?d as a representative in the
Texas legislature and the Confederate
Congress, and held a commission as
colonel in the Southern army. The
family was a distinguished one in the
annals of Virginia, of Texas and Cali
fornia; his brother, Colonel Phil Her
bort, having , been a member of the
national Congress from, the last named
I State before the late war between the
States, aqd was killed gallantly lead
BSfe ing his regiment of Texas cavalry in
r_ ' desperate assault upon Fort Butler,
j As Claib Herbert sat; one day 'at his
table, with a number of guests, tho
meal was interrupted by* the appear
ance at the door of a little boy, per
haps 8 years of ago, an orphan, who
lived with a neighbor named Howard
in the relation of a ward or appren
tice. The child was crying bitterly,
trembling, and seemingly frighton?H
and suffering. Herbert questioned
him snd the boy osid between Iiis nobs
that Howard had beaten him unmerci
fully and without cause,. Herbert
carried him into an adjoining room,
examined him, and found hi? body
cruelly striped and bearing other evi
dence of severe ^punishment. The
' kind planter soothed him, and, seating
him at the table, assured hiin^ of pro
tection, and endeavored to quiet his
Ifear that' Howard would pursue and
carry him back.
This Howard Was a Yankee, of the
Mayflower type, a representativePuri
tan.; pharisaica! is prctsmiouo, sancti
monious in manner, solemn in visage,
with a drawling, nasal mode of speech,
And a countenance that was a perpetu
al interrogation point. Of a cruel na
ture, he was destitute of bowels of
compassion, having apparently but
Oho bowel, and this seemingly illus
trated tho maxim of geometry'which
affirms that the shortest distance be
i tween two points is a straight lino.
iTho boy's fear of pursuit was not
without cause. Hardly was the din
ner finished when Howard .rode up to
the gate and called fer Ce?onol Her
bert, who responded with promptness. .
Howard inquired whether he had seen [
' tho boy, addi>? that it had been ne
cessary to chastise him severely that
'morning, and .that afterward he had
ran awayrand he bad traced hit? bare
feet ooming in that direction. Her
bert nfade no reply, but walked quiet
ly out through the opon gate?seised
Howard as ho sat on his horse, pulled
him off, and gave him then and there
and unmerciful dogging, saying as he
leased him:
''That will teach you not to beat ati
IIB HERBERT
? ih^ a Texas Court of
ice.
other child, you infernal scoundrel !"
. Howard remouated his horfe'and
rode away without indulging in any
remarks.
The district court was then sitting
in Columbus, the seat of justice in
Colorado county. " Howard prooeeded
by the most direct road to that place
and *nn*?*?d ?ithcut delay before the
grand jury, who promptly brought in
a bill of indictment against Herbert
for aggravated assault and battery.
Jones-Rivers, as counsel for the. de
fendant, demanded an immediate trial.
Colonel Edward Waller was district
aitornoy,, for whom Waller county,
Texas, was named as a memorial.
The only witness for the State was
Howard^ who told his story, was rigor
ously oross-oxnmined, and the p;ose
cution-rested their oase. .
Jones Rivers stood up. "If. the
court please," he said, "the defendant
in thisoaBe has no ovidenco to offer,
excepting the feoblo child that has
been beaten by the prosecuting wit
ness."
Here he led the little boy forward
and seated him at his side, in front of
th? jury. The boy was even smaller
than his years, of delicate physique,
and showed in his pinched face and
scant clothes traoes of suffering and
privation?the look of negleoted or:
phanhcod in poverty.
The case was olosed. Counsel for
the State said, that in submitting it
to the jury lie had only to say that as
tuere was no defense, the jury eonld
do nothing .but return a verdict of
guilty.
Rivera knew that every technical
rule of law was against his olient, and
that there was no legal defenso to the
State's oase; but ?t the same time he
knew every man on that jury, and all
their domestio relations. He knew
that the oldest juryman, the foreman,
had married late in life and had two
ohildren, twin boys, just the age of
the little orphan, to whom he was pas
sionately devoted. He knbw, too,
that he had been' a fellow soldier in
the revolutionary army of Texas, with
the father of the hoy that had been
the victim of Howard's brutality.
Making no preliminary reference to
these facts, however, Rivers said:
K;"Gentlemen of the jury, the State
of Texas has presented, her evidence
and stated her case, and I rise now to
speak for the defendant, Claib Her
bert, your fellow eitizen,. and your
neighbor, your friend and mine, and
the friend oV all who need a friend,
and upon whose ears the orphan's ory
never falls }n vain. - The only evi
dence'I have to offer on his behalf is
the pal? face, the tearful eye, and the
frail, bruised form of the little orphan
that sub at my side, of the child
who so heroic father shared with some
of you in days now gone, the hard
ships of the camp and the dangers of
the battle. He. >as at San Jaointo
when the star of the young republic
rose triumphant" above that historic
field, and with him, you Mr. Foreman,
participated in the undying glories of
that eventful day. . And when peace
came yon began, side by side, bb
neighbors and friends the battle of
hardships and poverty, in /the new
l??u that you aided in rescuing from
the hands of the spoiler. That battle
you have 'fought well^ Mr. Foreman,
and are still spared to your grateful
country; but your old comrade has
been gathered to hiB - fathers. He
married late in life and accumulated
but a soant store , of this world's
goods, and this child,-the oniy fruitj
of the marriage, was, in tho provi
dence of God, left a penniless orphan,
and what fate befelft * him you know
full well. For aught I know, Mr.
Foreman, you may have now, when
old, little one?.that?re as dear to you
as was this poor oaild to that aged
father who sleeps his last long sleep
in the soil he. periled his life to de
fend.
4s Rivera proceeded,.be -drew.noar
) the.-jury, and spoke in. soft, but
earnest tones, while an occasional tear
stole dowolhe eheeke of the old fore
man. Rivers saw this, and continued.
'Time is fast weaving threads of
silver among your, dark looks; your
feot are pissing the brink of the
river that flows between this and the
unknown land, and soon, leaving per
haps to your little ones an inheritance
of poverty, as did the father of this
child to.him, you must go to join your
Diltnt comrade on the other sido of
i?ie dark, cold river, and then pet-,
chance these dear little ones'may be
consigned like your comrade's boy, to
the . tender mercies of ,somo brutal
Howard. Then tho little arms that
so often encircled your neck in the
loving embrace may be raised to shield
the tender ferma which you now olaBp
lovingly to your bosom, against the
blows snob as fell sic cruelly on this
poor liti/c orphan. Then may the
dimpled cheeks that now glow with
the toB.y hue of health, be sunken end
pale from neglect and want; tho eyes
that sow brighten at your coming, may
be ??d with weeping and the gentle
voicea that fall like sweetest music on
your eager eus, he heard pleading in
pathetic, beseeching tones for mercy,
as the voice of this child fell on the
unheeding eaf of the prosecuting wit
ness; and then perchance God in his
infinite merer may raise up for those
little one s a friend an^'an avenger as
He raised np Claib Herbert to avenge
the wrongs of this defenseless orphan,
and perhaps that friend may be, as
Ciaib Herbert is this day, charged as
a criminal, and It so, Mr. Foreman,
would jou have him punished?"
As the last words were uttered,
Rivers was so near the old foreman
that he could lay his hand' on his
hesd, and apparu nil y spoke to him
alone. The climax was reached; hu
man nature oould stand ho mors. The
old foreman rose from his chair tremb
ling in every nerv-9; and raising his
clenched hands above his head, in a
voice quivering with emotion, cried :
"No! no, by tho eternal, no!" and
dropping into his seat, with his face
in his hands, sobbed aloud; and judge,
oounsel and bystanders mingled their
tears with his.
Rivers at once sat down, and the
district attorney arose to make a con
cluding argument for the State, but.
before ho had eonoluded the opening
sentence, the old foreman, with
streaming eyes and with a tremulous
voice, said:
"Edwin Waller! Sit down! Ton are
a good man and- a good lawyer, but
ait down! We don't want to hear you
talk another word!"
Waller Bat down, and the judge sim
ply read - the statute defining the of
fense and fixing the penalty, and di
rected the jury to retire and oonsiderv
their verdict. Whereupon the old
foreman rose and, without any consul
tation whatever of his co-jurors, aaid :
"Not guilty, yonr honor; not gnil
tyr \
"So say you all, gentlemen?" asked
the court.
"So say we all!" responded the en
tire jury, and the verdict having been
properly reduced to writing and sign?
ed the jury were discharged.
Thus the trial of Claib Howard was
ended, and thus the most remarkable
scene ever witnessed in a Texas court
of justice closed.? C^acago Laxo Jour
nal._
Easy Enough.
A certain member of parliament has
expressed a pronounced disbelief in
most of the wonderful tales of thr
precocity of ohildren. He contends
that the stories are usually manufac
tured by older person?, with the sole
object of making amusing reading.
Once in a while, however, this, theory
receives a setback by something in his
own experience, and he confesses that
he has come across some* genuine
humor,- .and somo unconsoions witti
cisms. One such was reoe ntly brought
to his notice.
A Sunday school examination was
in progress, and the examiner put the
question:
"What did Moses do for a living
while he was with Je thro?"
Following a- long silence, at last a
voice piped up from the back of the
room:
"Please, air, ho married one of Jeth
ro's daughters,''?Youth's Companion.
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B. B. B. cured K. P. B. Jones, At
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had copper oolored .eruptions all over
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the hair, sore throat. His troubles
resisted the treatment of the most
noted doctors, yet he was completely
oured by ten nettles of Botanic Blood
J3alm (B. B. B.) Robert Ward, Max
ey, Ga... suffered from secondary and
tertiary blood poison, face and shoul
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began to eat into the skull bones;
eleven bottles of B. B. B. completely
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cer, scrofula, risings, boils, ulcers,
then B. B. B. Will make a perfect cure.
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Blood Balm Co., 380 Mitchell street,
' Atlanta, Ga. Describe your- trouble
and we will include free personal
medical advice. Over 3,000 cures by
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?* ? ?
? Bonnets are now made to mat?h
gowns, but strange to say, no one
thinks of tryiog to make them match
purses.
-?
A New Remedy.
The old friends of Chamberlain's
Cough Remedy .will be pleased to know
that the manufacturers of that prepara
tion have gotten ?ut a new remedy
called Chamberlain's Stomach and
Liver Tablets, and that it is meeting
with much success in the treatment of
s?s?tfpatiyu, biliousness, sick head
ache, impaired digestion and like dis
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take and more pleasant in effect than
pills, 4hen they not only move.the
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correct any disorders of the stomach
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Co.
A S&ne in the Senate.
Washington, Deo. 9.-?Mr. MoLau
rio, of South Carolina, made a speech
in the Senate to-day defining his po
sition in Sputh Carolin? and discuss
ing the campaign in that State, as
well as his position regarding Federal
patronage in South Carolina and his
relationship with it. He said the
campaign against him had been one of
calumny, vituperation and misrepre
sentation. As to the appointments in
the State he sought to have demo
crats appointed, and where this oould
not be accomplished, he tried to have
such republicans selected as would
give satisfaction to the people. Ho
did hot want the crime of burning
? postmaster repeated in his State.
Mr. McLaurio said the movement
against him in the demooratio party
was one to keep alive sectionalism.
Speaking of his views on the tariff, he
said that Samuel J. Randall was a
protectionist; Hancock said the tarin
was a local issue, aud David 3. Hill
opposed tho income tax, but none of
them had been* read out of the demo
oratio party.
, Mr. Jones, of Arkansas, denied
some of the statements made by Mr.
MoLaurin, especially so far as' they
indicated that he (Jones) had any ul
terior motives in the action he took
regarding Mr. MoLaurin*s connection
with the Democratic party.
Mr. Tillman replied to Mr. MoLau
rin, denying that there was a conspir
acy against him. Mr. Kliman refer
red to the resignations of the Senators
from South Carolina and theit subse
quent withdrawals.
Mr. Hoar referred to this faot
f.ud said that he oould not under
stand how resignations eould be with
drawn.
Mr. Tillman said he would be glad
to have the judiciary committee inves
tigato the matter and the Senate ue
elare both seats from South Carolina
vacant 4'so we oould wash our dirty
linen elsewhere."
Mr, MoLaurin said, he would
join with Mr. Tillman in having the
seats declared vaoant and meet him
anywhere.
' Mr. Tillman immediately offered to
sigh*with Mr. MoLaurin a resignation
and sennit to (<thatman,M pointing
to President pro tem Frye, "and that
would settle it." Mr. Tillman do
olared ho did not want the vote of
South Carolina divided and would
be willing to go before the people
with MoLaurin on his "new-fangled
issues."
Mr. Hoar again asserted that upon
the statement of the Senators from
South Carolina ho did not believe cith
er of them were entitled to seats on the
floor.
Mr. Tillman said he was glad to
find his own opinion backed up by the
distinguished chairman of the judi
ciary committee. He did not believe
the Governor had anything to do with
the matter and oould not refuso to ac
cept resignations. He thought tho
committee on privileges and
elections should inquire into the wholo
case.
At this point Mr. Lodge, of Mas
sachusetts secured recognition, and
said:
"While these resignations are pre
paring I move the Senate proceed to
consideration of executive business,
and the motion was carried amidst a
laugh at the expense of the South
Carolina Senators.
A coated tongue, foul breath and
ologged condition of the bowels sug
f;ests the use of Priokly Ash Bitters,
t is just suited for such ailments.
? vans Pharmaoy.
? Some smiles look as though they
had been soaked in vinegar.
IMCKLY ASH BETTER
CURES CONSTIPATION.
EVANS PHARMACY Special Agents.
READ THIS CAREFULLY.
WHAT a delightful sense of pride there ia in the ownership of a?
WHEELOCK
? OB ? s
IVER8 & POND
Well, that's but natural, and shows a v/ell developed discrimination and su*
perior artistic conception. Come see a few samples at our place. Study them
< arefully, compare their tofies, .one, with the other. Plenty here to select from,
no difference what your taste may dictate. Prices regulated entirely by
quality. We have mere?
Than we have room for. Several kinds to select from. If you've the room
and leed we will be glad to arrange the preliminaries.
' THE C. A. REED MUSE HOUSE.
FRED. G. BROWN, FRANK A. BURBIDQE, R. E. BURR IBS,
Pres. and Tress. Superintendent. Secretary.
OFFICE OF.
ANDERSON FERTILIZER COMPANY,
-i? MANUFACTURERS OF ? \
All Crades Fertilizers, Acid Phosphates,
? AND IMPORTERS OF?
German Eainit, Muriate of Potash and Nitrate of Soda.
We use Tennessee Rook, which runs higher in Bone Phosphate
Chan a?y other Rook in the Country.
WHEAT GROWERS, TAKE NOTICE !
And Enter your name for the following Prizes :
First Prize Offer.
. - . \
First best yield on Six Acres of Wheat?
One Farmer*'b Favorite Grain Drill, worth $70.00.
Second best yield on Six Acres of Wheat?
One Ton Standard Guano, 8-2 J?1.,
Third best yield on Six Acres of Wheat?
Half Ton Standard Blood Guano, 8-2 ??1.
Second Prize Offer.
First best yield on TUreo Acres of Wheat?
One Ton High Grade Super-Phos., 16 per cent Ava.
Second best yield on Three Aores of Wheat?
Half Ton High Grade Super-Phos., 16 per cent Ava.
Third best yield on Three Aores of Wheat?
Half Ton High Grade Super-Phos., 16 per cent Ava.
Third Prize Offer.
First best yield One Acre of Wheat?One Ton High Grade 10-2 Acid Phos.
Second best yield One Acre of Wheat?Half Ton High Grade 10-2 Acid Phos.
Third best yield One Acre of Wheat?Half Ton High Grade 10-2 Acid Phos.
The following terms must be complied with by those entering contest :
'1st. You must fill out the blank hereto attached, sign your name, and cut
but this advertisement in full and return to us.
*. 2nd. You are to choose one disinterested neighbor', we are too choose one,
and the two are to ohoose a third. You will enter the name of your represen
tative in the blank space found below.
3d. The three men named will act in the capacity of judges, mcasuro the
land designated by you, whioh must be in one **ody, see that nothing but the
Brands of the Anderson Fertilizer Company are applied for fertilizing, and
finally to measure the wheat when threshed, place the result in a sealed en
velope and. mail to us. ?
4th. None otht. than the. products of the Anderson Fertilizer Company
shall be used by those entering this contest oivland designated.
5th. All contestants must fill out and sign this advertisement, and return
to this office before the first day of December, 1901.
6th. Eaoh winner of a prize is required to u -itc out in detail how ihe re
sult was obtained by telling us how the land was prepared, with what imple
ments, how mrch fertilizers and grade were applied to the acre, what crop
grown on the iand previous to sowing the wheat, when planted, and anything
of interest that will shew the best method to produce wheat in this State.
7th.?
. 8. C,.?. 1901.
Anderson Fertilizer Co,, Anderson, S. C.
Gentlemen : I will enter the contest for one of the three prizes offered by
you for the best yield in bushels threshed from.aores of wheat as
por terms set forth in yonr advertisement hereto attached. I name .
. .... as my representative.
(Sign here).
8th. The three judges'of each contestant should be his neighbors. State
in bladk spaoe ieft for same, whether you are contesting for the Six Aore or
Three Acre or One Acre Prize. After all results have been received by us we
will name a day, not later than August 1st, 1902, to compare results, in the
presence of such contestants at may be here, and award the prizes.
Yours truly, _ ANDERSON FERTILIZER CG.
ASTHMA CURE FREE.
Asthmalene Brings Instant Relief and Permanent
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Sent absolute ly Free on receipt of
CHAINED
FOR TEN
YEARS
mm
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I Tho Kev. C. F. Wells, of Villa Ridge,
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I ?K-r-n Send me u fuii-size bottle."
v. .. i UK
Rev. Dr. Morris Wechsler,
Rabbi of the Cong. Bnai Israel,
New York, Jan. 3, 1901.
Dus. Taft Bros'. Medicine Co.
Gentlemen : Your Asihmalene is an ex
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REV. ER. MORRIS WECHSLER.
* roN Springs, N. Y., Feb. 1, 1801.
Dr. Taft Bros. Medicine Co.?Gt.. Jemen : I write this testimonial from
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cure of Asthma. My wife has been afflicted with spasmodio asthma for the
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- . O. D. PHELPS, M. D.
Dr. Taft Bros. Medicine Co.?Gentlemen : I was troubled with Asthma
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Feb. 5, 1901. S. RAPHAEL, 67 East 129th st., New York City.
Trial bottle sent absolutely free on receipt of postal. Do not delay. Write
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N. Y. Citr. a&* Sold by all Druggists. Sent. 4?6m
Sept. 4?6m
Slightly Disfigured but Still iu the Ring!
YES, we have dbfiured the Hayes Stock considerably the past six weeks,
but still havo some Bargains left in?
Shoes, Hats, Pants add Notions of all Kinds.
I am adding on a Stock of?
Groceries, Sugar, Coffee and Flour.
Try a Barrel of Bransford, Clifton or. Spotless, and I am sure you will'be
pleased. White Wine Vinegar 25c. per gallon.
j_ C. M. BUCHANAN, Masonic Temple.
MEW FIRM !
T. A. ARCHER and JNO. J. NORRI8 have bought L. H. SEEL'S
Stock of Goods and will continue the business at Mr. Seers old stand.
The Senior member of the Firm having served his apprenticeship at tho
Tinners* Trade years ago, and who has been doing business in our city for
years, is known throughout the County for his pains-taking and good, honest
work, and needs no introduction.
Give us a call. WS can SAVE YOU MONEY, for we are selling off
our old stock to make'room for New Goods.
Have a big Stock of STOVES, just as good as new, that must go.
Also, TINWARE, AGATE WARE, 1VOODEN WARE, BROOMS,.
CUTLERY and Household Furnishing Goods.
We also have in connection with our Store a Shop equipped with the best
Tools and Machines that can be had, and we are in a position to do all kinaV.
of repair work in oar line.
-ROOFING, PLUMBING and ELECTRIC WIRING.
Yours for business,
ARCHER & NORRI8,
fhone No. 261. No. 6 Chiquola Block
A Well furnished Home
Is not necessaiily an expensively'
furnished one, as at TOLLY'S hand
some, even sumptuous, FURNITURE
is procurable without great outlay
Not that we o?alin knocked-together
made-to-sell son, but because we are
content with a reasonable profit on
rexJly good articles of Furniture
Our best witness is the Goods them
selves.
Yours truly
Gk P. TOLLY & SON,
The Old Reliable Furniture Dealers, Depot St., Anderson, 8. C.
25
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a I
CELEBRATED
Acme Paint and Cement Cure
? Specially used on Tin Hoofs
and Iron Work of any kind.
For sale by?
ACME PAINT & CEMENT CO.
Reference :
F. B. GRAYTON & CO.,
Druggists. Anderson, S: 0.