Historical Newspapers of South Carolina

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VO0L. X L. NOK . 8 9. NEWBERRY. S. C.. FRII)AY AUGUSTl 26. 1904 TWICE A WEEK- 150AYA THE HEARING BEFORE CHIEF JUSTICE POPE IN THE CASE OF BUTLER HOLT. Hearing on Application For Bail Continued Until Wednesday Showing of Holt's Counsel. The hearing on application for bail for Butler Holt, held in connection with the murder of Maud Allen in Columbia on the 1ith of this month, was held before Chief Justice Y. J. Pope in the court house here yester day afternoon. After hearing the af fidavits of Holt's attorneys, including an affidavit from Lula Holt, the wo man Holt married in Newberry some time ago, and who was srpposed to be the woman murdered in Colum bia, to the effect that she was at her father's home at Bath, and other affidavits setting up an alibi for Holt, the chief justice passed an order con tinuing the hearing until next Wed nesdty afternoon at 4 o'clock. The continuation was granted by Chief justice Pope, on motion of Attorney General U. X. Gunter, who was pres ent on behalf of the state, Holt's council conceding to the attorney general an opportunity to reply to the affidavits submitted. The point that the attorney general did not have sufficient notice of the hearing was argued at some length by the attor ney general and Mr. Blease, Holt be ng represented by Messrs. F. H. Dominick and Cole. L. Blease, but this point was overruled by the chief justice. There was a large crowd of in terested spectators in the court house. The first affidavit submitted was that of Butler Holt, who alleged that he was twenty-five years of age, and that during the latter part of the year 1903 he married Lula Allen, the daughter of Richard Allen. in the city of Newberry. That during the month of January of this year he left Newberry and went to work on the farm of Bud Berry and worked there continuously until about Au gust first, when he returned to New berry, where he has since resided with his parents. That on the iith of August he was in Newberry in company wth T. S. Coleman, Pope L. Havird and others and that he was in Havird Bros.' store and made purchases therein several ti .:es dur ing the day. Tha.t he fed Coleman's *mules at dinner and helped him to hitch up late in the afternoon. That a short time after ,he met John Gru ber and helped him unload his wagon on condition that Gruber let Holt ride to the home of Press George, some six or seven miles from New berry. That Gruber bought provi sion from C. L. Pitts' store here, and that he and Holt left the city when the sun was about an hour high. That deponent rod~e with Gruber for about five miles when he left him and walk ed on to the house of Press George, about a mile further, where he spent the night and until the following Sat . urday morning. Holt alleged that he had never been.in Columbia but once in his life and that trip was made on an excursion last summer. That his wife, Lula Allen, left New berry on the Friday following their marriage, which occurred on the Sun day before, and that he saw her next day at Prosperity and has not seen her since. That he never saw Ber 'vtha Medlir until confronted with her in the county jail at Newberry. Mrs. Rebe.cca Paysinger's affidavit was to the effect that on August II she was in Havird Bros.' store and saw a young man who was, as she has since been informed. Butler Holt. J. S. Coleman alleged in an affi avit that he was with Holt in New berry the. greater part of the day on August iI and until he left for home about 4 o'clock in the afternoon. He ] was here selling cotton. This was corroborated in an affidavit from Mr. 0. McR. Holmes. to whom the cot ton was sold. An affidavit from John Gruber cor roborated Holt in Holt's statement as to helping Gruber to unload wood on August IT. and riding with him out of the city to the point named by Holt. An affidavit was presented from Brooks George and Lee George, al leging that Holt spent the night of August IT with their father, Press George, and remained there until the following Saturday morning. Pope L. Havird alleged that he saw Butler Holt in his store on August II and that he saw him. in Newberry late in the afternoon of that day. An affidavit from J. C. Fulmer was presented to the same effect. P. B. Yarborough alleged that he saw Butler Holt in Newberry on Au gust TI and that he talked with him on that date while Holt was watering T. S. Coleman's mules, at about fif teen minutes to two o'clock. An affidavit was presented from Eddie Rogers allegeing that on Au gust 20 he went to Columbia to view the dead body of Maud Allen, which he did, and that the body was not that of Lula Allen, Holt's wife, whom he knew, having boarded with Rich ard Allen's family both in Newberry and at Bath. Lula Allen's Affidavit. Following is the affidavit presented from Lula Allen, the wife of Butler Holt. who was supposed to be the dead woman: "Personally come before me, the undersigned, who being duly sworn says that she married Butler Holt during the latter part of the year 1903 and that she. is now in the town of Bath, Aiken county, in the state of South Carolina, with her father, Richard Allen, having arrived last night on an excursion train from Co- ] lumbia. "Lula Allen." Sworn before Notary Public A. H. McCarrel. An affidavit from Richard Allen,1i the father of Lula Allen, alleged that his d,aughter is now with him at Bath and that the body of Maud Al len in Columbia is not that of Lula Allen. his daughter. An endorsement on this affidavit from A. H. McCarrel,. notary Public, says that Lula Allen came to Bath at 4 a, m. on August 23 on an excur sion from Columbia, taking advan tage of:therchance tocome. to- see1 her parentsgton relieve them. from anxiety. He had seen her in person. RUSSIAN BOATS SUNK. Two Torpedo Boat Destroyers Struck Mine. London, August 25.--A dispatch from Tokio reports that two torpedo boat destroyers, the names of which are not known, while cruising about the entrance to Port Arthur harbor, struck submarine mines. The larger one of the two destroy ers was sunk. The number of the crew lost is not known. London, August 25.-A later re port from Tokio says that both de stroyers, which were Russian, were sunk. Plenty of Them. Herr von Damm has been selected as a special CGerman envoy to discuss the matter with President Castro. There will be more than von Damm involved in the dispute. Ga$ Addick$ $ay$ the democrat$ are going to try to buy the $tate of Dalaware: and Ga$ ought to know by thiS time wvhether it'$ for $ale or~ THE CZAR'S HEIR. Baptized With Elborate Ceremony on Wednesday-The Cxar's Manifesto. St. Petersburg. August 24.-With >omp and ceremony the Czarevitch, ieir to the Russian throne, was bap :ized in the palace church, in Peter 1off. today. The assemblage of diplomats and )thers who witnessed the ceremony vas a most brilliant one. After the ceremony the manifesto yf the Czar on the birth of his son vas published. It grants many privi eges to his people, tnd attempts to :onciliate the people of Finland. Czar's Manifesto. St. Petersburg, Aug. 24.-Emperor Nicholas' manifesto on the birth of mn heir to the throne, the text of .vhch is published today, abolishes :orporal punishment among the ru -al classes and for first offenses tmong the sea and land forces; remits irrears owing to the state for the )urchase of land and other direct im )osts; sets apart $i,5oo,ooo from the ,tate funds for the purpose of form ng an inalienable fund for the bene it of landless people of Finland; ,rants amnesty to those Finlanders who have emigrated without authori :ations; remits the fines imposed on :he rural and urban communes of Finland which refused to submit to niltary conscription in 1902 and 1903 Lnd also remits the fines imposed up )n the Jewish communes in the cases )f Jews avoiding military service. The manifesto provides for a gen tral reduction in sentences for com non law offenses while a general am ieity is accorded in the case of all )olitical prisoners with the exception >f those in which murder has been lone. TRAGEDY AT SUMTER. Van Klled In a Difficulty With the County Supervis9r. Sumter. August 25.-Richard C. Folk was shot and killed n a difficulty with County Supervi or W. H. Seale, at Providence. Folk drew his pistol on Sale, and ;eale attempted to disarm him. In he struggle which ensued the pistol vas discharged, the ball grazing Su >ervisor Seale's coat and lodging in ~olk's head. Supervisor Seale was unarmed. The difficulty occurred on the pub ic road in front of .Supervio Seale's ionse. The only witnesses to thie tragedy were Seale's son and Folk's brother. ROOT'S DECLINATION. in Interesting Story Comes From Judge Parker's Home. Esopus. N. Y., August 25.-Rose nount heard today what purports to >e a well-substantied story of Elihu loot's final declination of the repub ican gubernatorial nomination in few York. According to the story President Roosevelt urged upon For ner Secretary of War Root to ac :ept the nomination. Mr. Root. ac-I :ording to the story, offered to do so >n condition that Mr. Roosevelt guar mtee to leave the field open to him ~qualiy with others for the presiden ial nomination in 1908. This President Roosevelt refused o do. whereupon Mr. Root declined o accept the gubernatorial nomina ion of New York. You Bet. Please remember. Tn November Don't forget You must pay Election Day. That little bet. NO ORATORICAL CAMPAIGN. No Certainty About Parker Making M Any Speeches During Campaign. Esopus. N. Y.. August 24.-It was made plain at Rosemount that there M is no certainty of Judge Parker mak- hi: ing any speeches in the west in con- nC nection with his St. Louis trip or at ati any other time or place. The prin- in ciple on which Judge Parker will act op in the matter was learned from an in- pc timate associate of the judge, who ro said: lo, "Judge Parker has no faith in the pr utility of speechmaking for its cwn he sake. and will make no speeches atiy- inm where for the mere purpose of ap pearing in any given locality. He be- ca lieves a stumping tour by a presiden- of tial candidate to be improper and he m: will undertake no such tour. The on- tiE ly condition upon which he will make te: any speeches anywhere will be the I m fact that he has something definite to th say and that he is convinced by his tu own reason that some given time and Ii place best suits the saying of it there se and the. You may say with the ut most confidence that under no con- th ditions will Judge Parker make any speech anywhere." th -- - dc TRIED TO FLOOD TOWN. o dc Atttempt To Blow Up Gates Of Reservoir at St. Mary's. th wl St. Mary's. 0.. August 24.-An at- ir tempt was made yesterday by an un- in known person to blow up the gates at the head of St. Mary's reservoir dc with dynamite. Fortunately the dc charge of dynamite was not sufficient- sh ly large to destroy the masonry or lo to displace the heavy gates. B There has been much ill feeling B se amo-ng the people living in the vicini ty of *the reservoir, owing to the' widespread belief that the banks of th the big body of water gre. not safe, ha notwthstanding that the state has i spent large sums of money during the tr past year in strengthening the earth works. Had the object of the mis- B creant been attained the town of St. th Mary's and the adjacenc valley would in have been swept by a most destruc- . tive flood causing enormous loss of in life and property. CARLYLE McKINLEY. - iSt Died at Home in Charleston After Long and Painful Illness. -:harlesten,.. Augtst 25.-Carlyle. -McKiney..oe.eeditorial staff of. The bc News and Courier, died ac his home de Tuesday night after a long and pain-- m; Mr. McKinley's long career as a idi newspaper and literary man had made h him widely known, not only in South de Carolina, but throughout the country and wherever he was known he was er esteemed. ra Mr. McKinley was a son of Charles s G. McKinley and Frances C. Jackson, ex of Athens. Ga.. He was born No- Li vember 2a, 1847, at Newnan. Georgia. ra Mr. McKinley's father was a pro- re fesor in Franklin college. Ga., Mr. th McKinley was taught by private in sructors, and graduated at the Theo logical Seminary, in Columbia. In th r876 he was married to Elizabeth. the f daughter of Campbell R. Boyce, of Go lumbia. He taught in the male academy in th Columbia from 1874 to 1875 and was i the Columbia correspondent of the t News and Courier from 1S75 to 1879. _ In 1879 he was sent to Washington ab as the Washington correspondent of ab the News and Courier, which position he nilled from 1879 to 1881. At the V time of his death he was on the edi- w torial staff of the paper to whose ser- w vice he had given the best years of th' a brilliant life. . 5 Aside from his newspaper work a: ir~ Mcinley wa an nahor of signal Is DEPLORABLE TRAGEDY. an Near Brunson Accidentally Killed His Wife. Brunson. Aug. 24.-Near here on onday morning at about 4 o'clock r. J. B. Bennett shot and killed ; wife. He was awakened by a ise he supposed to be rats in the :ic and looking toward a window their bed room which was left en he saw some one whom he sup sed was making an entrance in-to his om. Having a pistol under his pil v he got it and fired. The person oved to be his wife. He had 'shot r through the heart and she died mediately. About 1895 Mr. Bennett was impli ted in the killing of Mr. Leitzsey, Varnville, and was found guilty of .rder and sentenced to the peniten ry for life time, but during the lat r part of Gov. McSweeney's ad nistration he was pardoned upon e condition that he would never re rn to the state. His wife has been ing near here this year and it ems that Bennett has made fre ent visits to see her and some of em were quite prolonged. Columbia, August 24.-As stated in e above dispatch Bennett was par ned by Governor McSweeney in 03 upon condition that he remain tside of the state. Since his par mn Bennett has written time and ain to Governor Heyward asking at he remove the condition under iich the pardon was granted and iploring him to allow him to live his native state. Governor Hey ird declined to have anything to with the case. When the gov nor read of the killing, he sent the eriff of Hampton county the fol wing telegram: "Arrest ' Ben' !nnett. convicted of murder and ntenced to penitentiary for life. Lrdoned January 16, 1903, by Gov nor McSweeney upon condition at he leave the state; said condition ving been broken, to await peniten ry authorities. Advise me of a' 5t. D. C. Heyward. Governor." If the sheriff of Hampton gets onett he will be brought here to e penitentiary to serve the remain g portion of his life sentence, hav g violated his part of the contract der which he was pardoned. SEABOARD INDEPENDENT.; atement Issued by Purchasers of Williams and Middendorf Stock. New.. York ,ugust 23.-Th1e S ard Air Line is to be operated in pendently according to a statement ide by Thomas F; Ryan. who, with airs & Co., and T. Jefferson Cool ~e, Jr.. purchased the 140,000 shares Id by Messrs. Williams and Mid ndorf. Mr. Ryan said: 'The Seaboard Air Line will be op ited independently of the other iway systems in the south. The ggestion that has been variously pressed that the Atlantic Coast ne or the Southern or any other Iroad interest is directly or indi :tly interested in the purchase of SSeaboard or that the managers ol mners of such properties will in any L influence the management of the SSeaboard is without the slightest in dat ion." in view of the amount of whipping e Russian peasants are receiving Manchuria, the czar has abolished e lash in Russia. ility, to which ability several not Ie works attest. Mr. Carlyle's warm and genial dis >ition had gained for him many irm p)ersonlal friends among those ith whom he had come in contact roughout the country, and his death sincerely mourned in Charleston, throughout the state and other etins of -the country.