The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, December 18, 1901, Page 3, Image 3

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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. Cures Contagions Blood Poison. Trial Treatment Fbse.?It is es pecially the deep-seated', obstinate oases that B. B. B. curds. It matters not if the dootors or patent medicines haye failed to oure, B. B. B. (Botanic Blood Balm) always psomptly reaohes the poison and roots out and drains it from the system, heals every sore or pimple, stops hair from falling ont, ami cures the disease-so the symptoms can never return. B. B. B. cured K. P. B. Jones, At lanta, Ga., of contagious blood poison; had copper oolored .eruptions all over the body, excruciating aches and pains in bones and joints, falling of 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 ders a mass of corruption and sores; began to eat into the skull bones; eleven bottles of B. B. B. completely cured him. If you have eczema, can cer, scrofula, risings, boils, ulcers, then B. B. B. Will make a perfect cure. Trial treatment free by writing Blood Balm Co., 380 Mitchell street, ' Atlanta, Ga. Describe your- trouble and we will include free personal medical advice. Over 3,000 cures by B. B. B. Orr-Gray & Co., Wilhite & Wilhite and Evans Pharmacy. ?* ? ? ? 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 orders. These Tablets are easier tc take and more pleasant in effect than pills, 4hen they not only move.the bowels, but improve tho appetite and correct any disorders of the stomach and liver. . For salo by Orr-Gray & 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 Cure in All Oases ? Sent absolute ly Free on receipt of CHAINED FOR TEN YEARS mm Postal?Write your Name and Address Plainly ? Thorr is nothing like Asthmalene. It I bringe instant relief, even in the worst I cases. It cures when all else fails. I Tho Kev. C. F. Wells, of Villa Ridge, 111., says : "Your trial bottle of Asthma lene received in good condition. I cannot, tell you how thankful I feel for the good derived from it. I was a slave, chained with putrid sore throat and Asthma for ten years, I despaired of ever being cured. I saw your advertisement for the cure of this dreadful and tormenting disease, Asthma, and thought you had over spoken your selves, but resolved to give it a trial. To r my astonishment the trial acted like a 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 cellent remedy for Asthma and Hay Fever, and its composition alleviates all troubles ggUgjrT ! which combine with Asthma. Its success I??.?.r>i?ii? vu I is astonishing and wonderful. After hav ing it carefully analyzod we can state that Asthmalene contains no opium, morphine, chloroform or ether. Very truly yours, REV. ER. MORRIS WECHSLER. * roN Springs, N. Y., Feb. 1, 1801. Dr. Taft Bros. Medicine Co.?Gt.. Jemen : I write this testimonial from a sense of duty, having tested tho wonderful clfect of your Asthmalone for the cure of Asthma. My wife has been afflicted with spasmodio asthma for the past 12 years. Having exhausted my own skill as well as many others, I chanced to see your sign upon your windows on 130th street, N. Y., I at once obtained a bottle of Asthmalene. My wife commenced taking it about tho first of November. I very soon noticed a radical improvement. After using one.bottle her Asthma has disappeared and she is entirely free from all symp toms. I feel that I can consistently recommend the medioine to all who are afflicted with this distressing disease. Yours respectfully. - . O. D. PHELPS, M. D. Dr. Taft Bros. Medicine Co.?Gentlemen : I was troubled with Asthma for 22 years. I have tried numerous remedies but they have all failed. I ran across your advertisement and started with a trial bottle. I found relief at onee. I have since purchased your full-size bottle, and I am ever grateful. I havo famiiy of four children, and for six years was unable tc work. I am now in the best of health and am doing business every day. This testimony you can make suoh use of as you see fit. Home address 235 Rivington street. 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 atonoe. addressing DR. TAFT BROS. MEDICINE CO., 79 East 130th St., 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 B 0 pSpa 0 Q M O' < H M H w O ? ? M H Q CD s 50 Ht H O 00 w > d ri n ? H ~ 2 2 H % O a (H 2 SO 0 O o 11 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.