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ESTABLISHED EST 18 THE STATE WINS. Judge Prichard Refuses to Inter fere in the Oispesnary Matter. GRAFT BUNT GOES ON. Whiskey Dealers Who Swindled the ( State Will Have to Pace the Music ?r Do Without Their Money That May Be Owed Them By the Old South Carolina State Dispensary Authorities. At Asheville, N. C, on Wednesday Judge Prichard in the United States circuit court denied the petition of Fleischmann & Co., of New York ?and refused to appoint a receiver for r.he South Carolina State Dispen -sary fund of$S00,000, against which there are alleged to be claims ag gregating $600,000. The Judge made his announce ment during the afternoon session, after attorneys for the dispensary -commission had presented their bill in answer to the sensational charges made in the Fleischmann petition, which was filed in this court a short time ago. The answer alleges that the claim ?o2 Fleischmann & Co. is. unjust and invalid and that there was collusion and conpsiracy between the plaintiff and another firm to defraud the State and that the State was cheated out of a large sum of money in each of the claims made by the plaintiff; it also alleges that Fleischmann & Co. sold to the State a concocktion with a mere trace of whiskey. The answer declared false the al legation by Fleischmann & Co. that the commissioners were wrongfully r'rithholding the money for their own Individual interests. The answer de nied as false and maliciouss the al legation in the complaint which refer red to a conspiracy between Attorney ?General Lyon and the dispensary -commission and demanded proof. Shortly after the court convened lor the afternoon session, Judge Prichard announced from the bench that he' would not appoint' a re ?ceiver for the dispensary, as he felt that the funds are now fully protect ed. He directed the attorneys to con fine their arguments to the question ^ as Jo whether this court could as sume jurisdiction, the point being wnether or not this is a suit against the State. Mr. D. L. Rountree of Atlanta, for the commission, consum ed the remainder of the afternoon ses ?Jon in argument to establish the jfaci. ihat the State is an indispensa ble party to the suit. Before the bill of the defendants w?s read, Attorney General Lyon of :South Carolina replied to the allega tions made by Flelschmann & Co. relative to the transfer of funds from ?the jurisdiction of the court, saying ?that tne State of South Carolina was not running away, that the allegation was false. He read a concurrent res olution adopted by the house of rep resentatives Tuesday. In the course ?of the resolution it was stated that the legislature of Souh Carolina in ? creating the dispensary commission did not consent to suits against the Sta^t for claims as a result of the dispensary muddle. Just before Judge Prichard an nounced his decision there was a ?sharp colloquy between Attorney -General Lyon of South Carolina and George B. Lester of New York and Alf. S. Barnard, who represent Fleischman ft Co. Mr. Barnard ask ed for time to prepare answers to the affidavits of the commission. He stated that the commission had invited creditors to come to Colum bia to prove their claims. But at the ?came time it was known that some 50 or 60 warrants were ready in the office of the attorney genera) on which the representatives of the creditors would be arrested, and in stanced the case of the prepresenta tive for Ullman & Co., who had fceen arrested, charged with fraud and required to give heavy bond. Judge Prichard remarked that if he took jurisdiction he would ap point a master to sift all charges of fraud to the bottom. The attorney General in reply to Mr. Barnard said: "Of course we hear this cry from those who have de'rauder the State. Naturally, when I can catch any of these fellows in South Carolina, I will arrest them. I have no warrant, however, for the Fleischmann representatives and I will agree that they shall come to South Carolina to prove their claims and depart unmolested." He added, however, that there was a warrant for the representatives of the An heuser-Busch concern. Mr. Mordecai responded that Mr. Farnum, the man referred to, had left the State on business. But he would return and meet all charges. Mr. Stevenson, counsel for the commission, stated there was no in tention of inveigling men to South Carolina for the purpose of prosecu tion. Judge Prichard then announced that, no receiver would be appointed i and arguments on jurisdiction was then begun by Mr. Rountree. Eight Stores Burn. Fire yesterday morning swept Fire early Wednesday morning swept the village of Girard, Ga.. consuming eight, stores, the hotel and several residences. Dr. F. G. Brigham, one of the most prominent physicians, rushed into a residence to save his medicine case. He was caught under the falling roof and burned to death. 69. WORK OF A FIEND j ] Young Girl Assaulted After Negro Had Tied Her Brother. A Posse With Bloodhounds Are Pur suing the Scoundrel and if He Is Caught He Will Be Lynched. A special dispatch frcm Augusta, Ga., to the Atlanta Journal, says Miss Flora Cowley, the fifteen-year old daughter of Sara Cawley, a far mer living near Bath, Ga., in Rich mond County, was attacked Wednes day by a negro and left unconscious in her home. The girl's mother is dead, and she keens house for the family. While her father was oft av work, and she was at home with her yound brother, a negro entered the home, bound the lad hand and foot, and attacked the girl. The girl was not criminally as saulted. After knocking the girl down with a stick, the negro was frightened off. County Bailiffs Stratford and Gay, together with a posse, are scouring the country in an effort to catch the negro. Bloodhounds are on the trail and a lynching is imminent if the right negro is caught. The brother of the girl described the negro and it is thought he came from a saw mill, which is in opera tion a mile away from the home. THD3VES RIFLED SAFE And Got Nearly One Hundred Thous and Dollars Out of It. The Columbia Record says three young men of the Olympia mill vil lage?Claude Lawhorne, Marshall Parker and Tom Grimsley?are in the county jail, charged with break ing into the store of Magistrate S. I. Riley on the Bluff road, and taking from the safe the sum of $876 leav ing behind the amount of $74.50 in silver. Lawhorne has been em ployed at the store as a salesman for about eight weeks. He saw the money counted out and deposited in the safe Saturday evening and admits having had in his possession a slip of paper bearing the combination of the p'fe. During fair week Mr. Riley lost a bunch of keys, containing, among others, the keys to the door of the store. Sunday night, as he was starting to church, these keys were brought to him by Marshall Parker, who claimed that he and Tom Grims ley had found them near the reser voir. Mr. Riley pocketed the keys and went on to church. When he got back home he was informed by Law home that during the evening some one had entered the store, unlocking ?he side door, and had robbed the safe of $S76, gaining entrance to the strong box by operating the com bination, instead of blowing it open yeggmen fashion. ACCUSED OF SWNDLING. - Patent Medicine Man Held By Police at Greenwood. j The police at Greenwood have a man on their hands who they believe is wanted in many other towns of the State, especially those with cot ton mill population. He gives his uame as C. H. Lawrence, claims to represent the Choctaw Medicine Com pany, of Cincinnati, and has been selling his medicine to mill people, giving them written promises of new Rock Hill buggies, Mason & Hamlin organs, pianos, etc., all for the sum of one dollar. He has caught many. The same man, it is alleged, was there last year offering a set of china with each order for a dollar bottle of hair tonic. It is btiieved that he has reaped a rich harvest among the mill people all over the btate. A telegram to his alleged house was re turned undelivered. TORNADO IN TENNESSEE. One Man Killed, Several Hurt and Two Homes Destroyed. A tornado swept over Pond Creek Valley, Tennessee, late Saturday night, killing James M. Cassidy and injuring five other persons. Cassidy's home, which was at Blue Springs, 8 miles from Sweetwater, was demol ished. His wife was among the in jured. The home of Edward Everett, at Pond Creek, four miles from Sweet water, was swept away. Three of his children and his wife were injured. Everett himself escaped unhurt. Damage was also done at Philadel phia, Tenn. Several homes in the path of the storm were damaged. The tornado moved in a northeasterly direction. DANCED WITH JACKSON. Dies at the Age of One Hundred and Twenty. At Bristo., Va., Mrs. Mary Ram?ey Wood, a native of East Tennessee, died Monday at So age of 120 years. In her youth Mrs. Wood saw George Washington, Thomas Jefferson and others of the early statesmen. It is said her best recollection of public men was that of Andrew Jachson, with whom she frequently danced when a girl. ORASTGrEBTJR / NEARLY FREEZES To Death in His Own Refrigerator an Atlanta, Ga. DOOR SHUT ON HIM And W. H. White, Jr., Hud Artie Adventure in his Ice Honse, Where He Had Gone to See How the Thermometer Was Working and if the Meats Were in Good Condi tion. This is the story of how an Atlan ta man was lost in the artics Sunday morning and kept himself from freez ing to death only by dragging the forequarter of beef frantically back and forth for more than an hour as told by the Atlanta Journal. On last Sunday morning shortly after ten o'clock W. H. White, Jr., of the White McLendon company, wholesale dealers in meats, stepped into the refrigerator of his ware house at 1 and 3 East Wall street, for the purpose of seeing what de gree his thermometer registered. No sooner was Mr. White inside than the door of the ice house banged and the spring lock clicked fast. From then until 11 o'clock he had no need to consult the thermometer to know the temperature. "I have discovered the north pole," he said shortly after his release, "and I can tell you it's a bad thing to hunt for." While Mr. White was working his hardest to keep up a faint spark of warmth in his blood, his carriage with Mrs. White in it ?war. awaiting him In front of Durant's restaurant on Alabama street. He had called at the restaurant a few moments be fore to take James S. Gaines and Mrs. Gaines for a morning drive. Mr. Gaines was slightly delayed so Mr. White said: "I think I'll drop by the warehouse while we're waitiug and have a look at the mercury. Be back in a min ute." When the minute had passed and twenty more had followed the ladies grew uneasy. By eleven o'clock Mr. Gaines yielded to their anxiety and set out to find the trouble. Iu the meantime a strange and, for the time being a terrible drama was being enacted in that ice house. Anyone who could have peeped in at the time would have seen a white faced man lighted by the misty blue of a solitary incandescent globe rac ing from one side of the box to the other with a huge quarter of beef on his shoulder. He would hang the beef first upon one hook and then upon another, all the while swinging his arms high above his head and do ing a thousand and one Swoboda stunts. "It was either this or freeze," ex plained Mr. White. "If a man is hard at work he can live in such a refrigeratort hrec or four hours, but if he stands still he will pretty soon be like one of those petrified animals that geologists dig up in northern Russia. And so back, and forth he tugged the beef until the end of his impris onment it looked like a soup bone that had done duty three days. &, S. C.i FRIDAY. JAlSTt THE NEW JUGGERNAUT. Once a telegram messenger boy passed on the alley on which a tiny side window oi the refrigerator op ens. Mr. White heard him whistling and with all his might he shouted and beat upon the sides of the ice house. But the boy k~nt on his way unheeding. Then he began to think what might happen. He concluded at first that someo"he> was playing a joke on him and then he decided that pretty soon the policeman of the beat would pass and seeing the keys in the front door would lock thinks up and go away. He conjectured that in the mean time Mr. Gaines and the ladies would decide that he had been detained on business and would take a prelimi nary drive over *town. However, he might view the situation, It looked hopeless and he remembered all the stories he had read of travelers being buried und?f the snow and freezing to death with no earthly sound to greet them, except the lugubriouB howl of far away packs of woives. Every detail of his strange prison fell into harmony with such roman ces. The Incandescent globe cloaked in its chill fog shot forth fantastic rays that seemed like the aurora borealls and the huge blocks of ice that hemmed him in were for all the world like the mountains of Lapland. By the time the quarter of. beef had been frazzled to gaunt skeleton Mr. Gaines arrived. Inside the store he heard the steady beating against the walls and pretty soon recognized his friend's voice in the muffled shout for help. Mr. White never stopped to see what the thermometer registered when the door was finally pried open and he stood once again in the tem perate zone. "I don't believe there's a ther-( mometer with enough notches on it to tell the story," he said. THE NEW PISTOL LAW. The Bill Fixing Size of Gun a Man Bfay Carry. The new pistol bill, which will be come a law before the Legislature adjourns provides that from and af ter the first day of July, 19n:.:, it shall be unlawful for any one to carry about the person, whether con cealed or not, any pistol less than twenty inches long and three pounds in weight, and it shall be unlawful for any person, firm or corporation to manufacture, sell or offer for sale, lease, rent, barter, exchange or trans port for sale or into this State, any pistol of less length and weight. Any violation of this section shall be pun ished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days; and in case of a sale by a person, firm or corporation, the sum of one hundred dollars shall be forfeited to and for the use of the school fund of the county wherein the violation takes place, to be recovered as other fines and forfeitures. SEVEN ABE CREMATED. Collapse of House Causes Flames to Destroy Whole Family. By the collapse of the house of Anthony Franklin, a negro of Bed ford City, Va., the building was fired and destroyed the whole family, consiting of himself, wife and five children, burned to death. The fam ily was sitting with the corpse of a child that died on Sunday when the building fell in. i JARY 31, 1908. ?McCutcheon in Chicago Tribune. BOLD THIEVES They Get a Sack Containing Three Thousand Dollars BY DARING ROBBERY. dm The Express Agent at Mansfield, Ohio, Knocked Senseless and Then the Thieves Got Away With One Bag of Money, but Overlooked Another Bag That Contained For ty Thousand Dolars. One of the boldest robberies ever known, took place at Mansfield, Ohio, shortly after midnight Wed nesday, when two masked robbers entered the office of the Adams Ex prss Company there, knocked Wil liam Depew, the agent, unconscious, and got away with $o,000, while nearly fifty passengers stood about the station waiting for trains. A bag containing $40,000 in gold was lying near the $3,000, but was ovevrlooked by the robbers. Telegrams were sent to the police of the nearby towns and S3 fi result, John McCue and Joseph Stevens were taken Into custody at New Lon don. They had a sack token from the express office containing the $3,000. Stevens, the police say, confessed and implicated George McGinity, a friend of Depew's, who was in the office at the time and was covered with a revolver during the rebbery. According to Stephen's story, the money arrived Tuesday night from Delphos, Ohio, and was consigned to a hank at Hamilton, Ohio. Stevens said McGinity tipped off the arrival of the money, and cooked up a scheme with him and McCue to rob the office. McGinity was locked up. He de nies the charge. GOT A MOVE ON HIM. Tornado Made a Sick Man Bun For I His Life. A tornado swept through the northeastern portion of Etowah County, Alabama. Sunday night, jWhile no lives were lost, much dam age was done to properly. At Coate's Bend, several dwellings were destroy ed. The home of Bid McCurdy was struck and crumbled like an egg 'shell. A 75-year-old bachelor, broth er of McCurdy, was on what wa.s I thought to lie his death bed. In fear the sick man jumped up and fled from the house and got out of the way of harm. THEY GOT THE CASH. Two Men With Revolvers Robbed Mail Wagon in Street. At New Orleans two while men with drawn revolvers held up the {United States mail wagon. No. 10, Monday evening about S.?? o'clock near the Northeastern depot. The' 'wagon was rifled of its contents. Five j jor six detectives from the main office, are searching for the robbers. GIVEN GOOD TERMS. Two Scoundrels Sent to fha Peni tentiary From Lexington. For Twenty-Five Years Each For Assanlting a Man and Attempting a Worst Crime on a Woman. At the term of the Lexington Court last week the two negroes who some months ago committed an attrocious assault on Mr. and Mrs. BIckley, of that coup*"-, were tried and convicted by Juuge Wilson to twenty-five years in the Penitentiary One night the two negroes went to thee ountry store kept by the Bick leys, and while one of them asked Mr. Bickley to come outside and sell him some whiskey, the other remained in the store, where Mrs. Bicfkley also stayed. A gun was fired and Mr. Bickley was shot. At the sound of the gun the negro inside seized Mrs. Bickley and attempted a ? horrible crim e. While his wife was in the clutches of this brute, Mr. Bickley, wounded and bleeding, staggered into the store and reachud for his shotgun in the corner. The negro inade his es cape, however. The alarm was given and the two negroes were sought all over that territory for days. When finally captured sentiment against them was still high, but a lynching was prevented. At the trial each negro denied any knowl edge of the presence of the other that night and told a story quite different from the evidence put up by the State. Each of them was indicted on two counts, assault with Intent to kill Mr. Bickley and assault with In tent to ravish Mrs. Bickley, and both were convicted on both counts. Judge Wilson, In passing sentence, congratulated the county of Lexing ton that a lynching had been averted under strong provocation and that justice had been done, regardless of the fact brought out in the evidence that the Bickleys themselves were violators of the law In selling liquor. LEVER AFTER MONEY For Soil Demonstration Work in Or angeburg, Lee and Sumter. The Washington correspondent of the News and Courier says a hearing of considerate importance to the peo ple of Orangeburg, Sumter and Lee counties was had in Washington on Monday afternoon before the House committee on agriculture. Represen tative Lever, in whose district the three counties named lie, secured the presence of Messrs. . A. Bonsteel and Frank Bonnett, experts in soil survey work in the department of agriculture, in an effort to secure an appropriation with which to carry on work already commenced in those counties. Messrs. Bonsteel and Bennett, who have been In South Carolina on fre quent occasions, and who have done considerable work in Mr. Lever's Distrlc*. demonstrated to the com mittee just what the soil in the coun ties named can produce under prop er conditions anu how much the farmer? living in those counties would be benefited by a continuation of the demonstration work already undertaken there. Mr. Lever believes that h will be successful in securing au appropria tion with which to carry on the work. It will mean much to the farming interests of all the counties in the seventh district. SWEPT BY FLAMES. Th Town of Hampton Hard Hit by the Fire Fiend. One of the most disastrous fires that has visited the town of Hamp ton in a number of years occured Sunday night at about 10.30 o'clock, totally destroying the office of The Hampton County Guardian with the presses and etc, the office of Robert R Sizer & Co, a brick building owned by Senator W. S. Smith, and two small stores and two small dwellings on Lee Avenue, the principal street. A strong wind made the work of fighting the fire more difficult than ordinarilly and the flames spread rapidly. The insurance on the property was as follows: Senator W. S. Smith, 1,200; loss $1,0U0. M. B. McSweeney, Guardian build ing, presses and practically all of the newspaper and job type. Insur ance on printing material and build ing. $1.40.; loss $2,000. W. E. Richardson, dwelling and store, ?500; loss $.")00. Small dwelling, $4U0; fully cov-j ered. The residence and store of J. B. Rivers &. Suns and The Hampton Hotel were in danger but escaped damage. The origin of the lire is unknown. TRIED TO GET HIM. A Mob Threatened to Lynch an Assa sin in Virginia. Frank Couthorn, the yo.ing white man who last week shot and killed Mrs. Jones in her home at Christians burg, Va., and then surrendered to the authorities, saying he slew the woman because he loved her and she married another, was carried to Roanoke Monday night for safe-keep ing, a lynching having been threat ened at Christiansburg. 0 81.50 PEE AjNTNTTM. PRISON HELLS In Which Captured Confederate Soldiers Were Confined DURING CAPTIVITY. The Personal Recollection of Ab Old Confederate Soldier, Who* Spent Some Time in the Prison Pens of the North During the War, Published in Reply to Cor poral Tanner's Tirade. To the Editor of The News and Courier: I have read with feelings of disgust the article headed "Union Veterans Indignant," in The Sunday News of the 2C inst. Corpl. Tanner said: "When the ac cursed soul of Capt. Wirz floated into the corridors of hell the devil recog nized that his only possible competi tor was there." This may be ac counted for by the fact that Capt. A. Walker, provost marshal of the pris on camt at Hart's Island, N. Y., was still living. I can well remember, as a boy still In my teens, my arrival, at this pen in the month of March, 1895, after spending a time at Pollock Street Jail at New Bern, N. C. It was a fearfully cold, windy day, and when, we reached the sheds, occupying; three sides of a square and sur rounded by the waters of Long Is land, we were delighted to find large heating stoves known as self-feeders, allowing one to each hundred men, and beside the door a ton of hard coal. Imagine our disappointment when, after a night of comfort, the next morning the quartermaster came and tore down every stove and. removed every lump of coal. This was but the beginning, for in a few days we were ordered to fall in with all of our effects, then place them before us upon the ground What then? A non-commissioned officer started, and every keepsake or any article of value, even to a pocket knife was stolen. This was the order of the commandant, A. Walker, not Major Wirz. Every Indignity was studied out i:hat they might he heaped upon us. Push carts with pick and shovel were provided, and the men worked as convicts clearing stone from parade ground. All of this was done with, the plenty to eat referred to by Corpl Tanner. I well remember at day break one morning after being up all night with my friend, Alick De Choisey, Marion Artillery, going to the well In the middle of parade ground for a driuk of water, an old soldier, I forget his name, was a few steps in front of me. Without a word of warning we were fired upon and the old soldier fell dead. When I reached tne barracks and offered the water to my friend. Alick, I found him de.id. Also, we had a hos pital, but our poor fellows were al lowed to remain in their bunks un til they were so weak that many died in being carried to it. Corpl. Tanner says we gave them plenty to eat. He certainly must he an ascetic. For his information, our bill of fare was, one-half loaf of baker's bread and six ounces of salt beef in the morning. At twelve o'clock pea soup, sometimes English split peas. I will give the prescription: Take a drinking tumbler of warm water, add three teaspoonfuls of pul verized sulphur and stir it well; you have the soup. The bill of fare was sometimes changed, and we received four hard tack and a small piece of boiled beef, and at twelve o'clock Boston bean, soup, they told us, but if you took a piece of gause and strained it you could not find the skin of a bean to a gallon. This is the plenty that we were required to live upon, except on one occasion when an army wagon load of green nutton was hauled In which, if eaten, would have finished a few thousands of our brave b.iys, but our head doctor, who, by the way, was at Fort Moultrie hefore the war, and was * friend of the Rev. V'bit ford Smith, sent it out and we had no neat. Compare Wirz with Walker. Why, if the devil knew Walker was coming he would have evacuated hell befor?? he came in sight. Major Wirz let tho Northern prisoners have their boxes sent by friends. None ever entered our prison without being rifled or robbed, and few even then. I know this from the fact that I was at tho provost marshal s office as a clerk with my friend, Jesse Colton Lynes, and saw it almost daily. Well, I think we left near 1100 dead there in three months. 1, at least, was not in the emaciated condition referred [ to by Corpl. anner, lor I weighed I 1-10 pounds, and when I reached I home 1 weighed only So. So r. ich j food did not agree with me. Mr. I Sherman, no doubt, in his march and pillage, found sufficient food from the simple ff' that he robbed women and children and left them to starve. If the one hundred and odd thous and emaciated Confederate soldiers that were so well fed in Northern prisons had been released he never would have disgraced this country by such a march and the noble wo men of the Confederacy could have placed any inscription on t^'ir monu ments without giving offence to the Grand Army of the Republic. Children unborn during the war are men now. Lot us speak the truth. Respectfully, C. F. Steinmeyer, 106 Beaufain street, Charleston, January 27.