The times and democrat. (Orangeburg, S.C.) 1881-current, January 31, 1908, Image 1
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.