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VOL XLIII. NO. 20. NEWBERRY. S. C. FRIDAY, MARCH 9. 1908. TWICE A WEEK. $1.50 A YEAR GEO. HASTY GUILTY DECLARED THE JURf RECOMMENDATION TO MERCY SAVES HASTY'S NECK. Prisoner Broke Down When Sentence Was Given-Trial of Gaffney Ends in his Conviction and Sentence to Life Term in State Prison. P. H. Fike in the State. Gaffney, March 6.-It was a far different and changed George Hasty who sat in the court room this morn ing after receiving sentence of life imprisonment, and who, after five -days of ordeal and trial and strain which come not the way of the ordi ?ay mortal, broke down and wept, and as the Good Book puts it, "would not be comforted. The jury in the case of Hasty, on Irial for slaying Milan- Bennett, was given the case at 6:15 p. m. Monday, after Judge Memminger had delivered an exeeptionally lucid and impartial charge. After deliberating and' fail ing to agree until about 7 o'clock this morning, the v,rdiet returned was guilty with reommendation to mercy of'the court. While no accurate poll coiid be a-seertained, it is understood -that the majority of the jirors stood for capital punishment, and acquittal -was not an issue. Shortly after 8 o'clock the judge wedIt to the court room.and the verdict was announce. The news of 'the* agreement of the Jury spreal like wildfire. Since the men remained out so long, the predic tion was expressed that a mistrial would result. But the verdict was a triumph of 'law and order and decedy. -It vindi ted the majesty of the law, and will -stand as a -warning to those who think that'by any means they can ride slip shod over what is decent and orderly. And in doing so spill human blood and lightly escape. The sentiment here is ttrongly against the convicted man. Ihe good people of Cherokee county do not want to go on record as up holding or countenancing crime, and their verdict is the best evidence of At 9:30 o'clock court convened. The attorneys for the defendant gave no tice- of a motion for a new trial, which was overruled.' After a short time Geo. Hasty, handcuffed and accompanied by an of ficer, walked down the aisle from the main entrance of the court room, in an erect and indifferent manner. On reaching the chancel of the bar, in side of which he was soon to sit, he pleasantly exchanged the greetings .of the day with Osborne, of counsel for the defense; who was comfortably s!eated ~near a stove. Hasty found his acecustomied place inside the bar rail ing, .and became an apparentlyr unin terested and indifferent spectator. .Tuidge Memnminger asked if the de-. fendant was ready for sentence of .court to be imposed. Mr. H. K. Os borne of Butler & Osborne of counsel for the defense stated that the motion for a new trial would not be argued. It would be left with the court. But an effort would be made for the ar rest of judgment under the act of 1905, under which this court is held, which limits the session for one week, and that under this rule any verdict -rendered after midnight last Satur day was null and void, and would eliminate the passing of sentence. The! court replied that he would be govern ed by section 27, which he haft in view when he carried the case over, and further state that it would be left to the supreme court as arbiter. When the judge again asked if the prisoner was ready for sentence, the reply was, "Subject to our motion." The court said, "I am going to over rule that: motion; are you ready for sentence?'' Mr.. Osborne replied, "We have no further motion, your honor.'' The prisoner was then diree ted to stand up. Geo. Hasty arose and stood erect with his face squarely facing that of the judge. There was not the slight est bat of an eyelash, the faintest quiver or twitch of the muscle or fea ture to indicate that he was in any way impressed by the solemnity of the occason. But there sat the iudge iii his ermine, there were tbe officers of the court, about the prisoner were his lawyers and in the rear in the room about 300 people. The scene wAas dramatic. Judge Memminger. in addressing the prisoner. said: "You have been tried here on a charge of murder and you have suffered the fearful and hor rible ordeal of the last five days in Which your life has been hanging in the balance. I have endeavored to give you an absolutely fair and im partial trial. You have been repre sented by able and earnest counsel; you have had the benefit of a most complete and able defense. I may have erred in the conduct of your case, it is possible, but I do not think -so. I have given you my best judg ment and best thought in this case. The jury has -given you the benefit of the law, which reduces the punish ment for murder from hanging to im prisonment for life. The court has no discretion in the matter. Have you anything td say why sentence should not be pronounced on you?" The prisoner replied through coun sel and said, "Nothing but what has been stated." Then the usual sentence for life imprisonment was pronounced. Court adjourned immediately and before the prisoner arose from his seat, Rev. Ernest Ross, a young Bap tist minister, came to where he sat, placed his arms about him and Geo. Hasty burst into-a flood of tears, the first emotion he has displayed during the trial. John Kitchings, a young barber, also came up and the three men wept together in grief and sym pathy. The prisoner sat in the court room about an hour after the'sentenee, talk ing to Mr. Kitchings. The two wept all the time. When he departed for the jail at 11.20 o'clock he had resum ed his accustomed stoical bearing but I hi eyes were red and his face clearly I shewed the powerful emotion that had shake.n him. The case will be taken to the su preme court by counsel for Hasty. The Ground For Appeal. Section 27, to which Judge . Mem minger referred, is as follows-. 'Should the business before the court f general sessions at any term not be ompleted on the arrival of the day1 ixed by law for the holding of the ourt of common pleas for said coun y, the judge presiding may, in his lisrtion, adjourn said court of corn non pleas until the business of thei ourt of generbal sessions shall have een concluded. But the provisions f this act shall not apply to the j ourts held in the county of New erry." I'n the case of McKellar vs. Parker, t 9' S. C., 237; 7 S. E. 295, it- is held ~hat, "It is necessary to such adjourn nent that the court of common pleas ( ~hould be.opened on the day fixed for Lts holding." -t In Hardin vs. Trimmier, 30 S. C., 91; 9 S. E. 342: "But where the of- t cers and machinery are present in ( ~ourt house on the fixed day, that r ~ourt is then opened by operation of ( aw, without any formality.'' ILLUSTRATED BY A STORY. Wat the President Thought of Till man in Charge of the Rate Bill. Tew York Sun. Washington, March 4.-A Senator ho called on President Roosevelt ~ oon after the senate committee on nter-State commerce placed Senator illman, of South Carolina, in charge S f the Hepburn railroad rate bill, was sked what he thought of the action t f the committee.r "I can best illustrate my impress on by a story,'' said the president. 1 'This incident took place in a house old when the mother-in-law joke had d eased to be a merry jest. The wife 3 ad just received a letter notifying t ier of a forthcoming visit from her s other. She was very much disturb- t d and was afraid to break the news t o the head of the family. So she r eputized a younger son to do so. n Vhen the child returned, she said: 1< " 'Did you tell father'?' "'I did,' was the reply. ' " 'Did he swear?'e " 'No, mamma, he did not; but I ever saw such a peculiar smile on his THE NEWS OF PROSPERITY. Cotton Association-" Yube" Still Happy and Serene-Mail Train -Personal and Otherwise. lProsperity. March S.-Mr. J. C. H. Rauch, of Saluda, was in town on Saturday. Tie citizens met in the city hall on Tuesday and organized by electing Dr. G. Y. Hunter, chairman and W. T. Gibson, secretary and treasurer. Dr. Hunter explained the object of the meeting and all present "joined." The secretary was instructed to push the signing of the roll. The 10 cents per bale assessment was presented and it was understood that this wili be the amount to be paid by all mem bers. Rev. P. B. Mitchell will preach in the Baptist church on Sunday, March 11, at 3:30 p. m. Say, Chips, did you read that bill of expenses Zthat the legislature has dished out to the dear people. $2,000 for the Confederate Home school. Now iny dear Chips, will you please tell us something about this school. Who is it for- and where is it located? No dodging old boy, but tell us about it. We want to know. Mrs. J. W. Hartman has gone to the Columbia hospital for an opera tion which was successfully perform ad last Saturday. Mrs. Hartman is coing nicely at this writing. Again Hymen has been at his pranks and two young heaits iaVe een laid on his altar. Mr. J. H. rurner of Newberry and Miss Mattie ,onnelly of lower No. 9 were married >n Sunday, March 4. Rev. H. W. Whitaker officiating. On Monday Mr. Press Hawkins, of 3t. Luke's, was driving a pair ofl 7oung mules. They became unman tgeable and started to run. Mr. Haw cins was thrown from the wagon and. >ecame entangled in the lines in fall ng and was dragged about 50 yards >efore he was able to disentangle him telf. He was painfully, but we learn, iot seriously hurt. He was taken to he home of Mr. J. W. Boozer. It was t narrow escape and he was fortu-. iate in getting loose. Your correspondent is requested by rapt. J. L. Hunter to announce that .he~ cotton growers' association of ) 'Neall school district wil meet at the chool building Saturday, M.arch 17, ~t 2 o'clock to organize and transact ~ny other business that may,eome be ore it. Mr. S. H. Cannon, of Columbia, ~as in town Monday returning to the apital on Tuesday. We are pleased to see our genial otton weigher Mr. W. T. Gibson able o be on the streets again. We'iste tha,t -an effort is being nade to get the morning train on the 3. N. & L. a mail traia.~ Really we 'eele that something should be done hat will cause this train to make its chedule better. 'We have~knowr it to ake three hours or more to snail into solumbia. By all means make it a nail train and let it start from hreenville at 7 getting to Columbia ey 11 o'clock. This would be an ideal chedule. . Rev.'Mr. Sox, of Piney Woods, was ai town on business on Monday. Miss Marie Bobb and, little .Miss )orris Kohn have gone on a vi'sit to ~apt. U. B. Whites in Atlanta. We learn from Mr. L. C. Boland Eat Capt. Whites is doing nicely. He sed to write for The Herald and rews as Yube. He is still happy and erene. Dr. C. C. Traylor, pharmacist for* he Prosperity Drug company, has esigned his position and will go to tlanta, Friday where he will engage 1 the drug business. There has been granted a special ispensation to the Woodmen of the Vorld and anyone desiring to join ETis fraternal, benevolent order Iiould look into the good features of Eie order and take the insurance pro 3etion offered. Call on Clerk Domi ick and get particulars. It may be ieans of enabling you to protect your >ved ones in case of death. Prof. C. H. Kicklighter, of the 'echnical Department of Newberry ollege, spent Saturday and Sunday rith Mr. Carlisle Bedenbaugh. Mr. G. M Elawar_ of Nnwharry eolege. spent a couple of days with student ('eo. Harmon. Mrs. J. 11. Werts is visitwig her par ents this week. Capt. W. R. Elmore is visiting his (augIter. Mrs. E. 11. Kihler. The Sorosis will meet Friday after I noon with Mrs. Kreps. The subject study is Robert Southey. Lecture IMiss Lula Moselev. Recitation My Books"-Miss Blanche Kibler. Mr. and Mrs. L. C. Boland are vis itlig in town. Mr. Boland is the gen ial and wholesouled representative of Harry Schlessinger and formerly liv ed in our town and at one time had the Langshan fever so bad that no one thought lie would survive, but he did. Say, Dock you ought to see our Buff Plymouth RoeJ0s. Oh, but they are golden beauties and such layers. Mr. Berry Hartman, Miss Alma Hartman and Mrs. Joe Hartman have gone to Columbia to visit their moth er who is in the hospital. Mr. E. T. Mayer having sold the old .home place is building him a new home on the place he recently pur chased. Miss Lula Moseley has returned from a visit to Clinton. The primary election for town offi cers will be held on the 26th of March. Messrs. E. W. Werts, E. B. Kibler and J. B. Fellers are the managers. Messrs. A. H. Hawkins, T. A. Domi niek and E. N. Kibler were elected as an executive committee. Mr. 0. B. Simpson spent Sunday in our suburban town, Newberry. Mrs. Mary Rayls', of Lexington county,-will visit her neice. Mrs. J. A. Simpson this week. Mrs. Carrie Leaphart after a few days spent at her old home has re turned to Columbia. Mr. W. F. Bedenbaugh will be with the Prosperity Drug company. Mr. Bedenbaugh will finish up this term at the pharmaceutical college in At lanta in a few days. The town with A future is the town that helps itself. In this day of sharp competition and intense public en terprise, the town that waits for some thing to turn up is going to get turn ed down.-Newberry Observer. We were very much impressed by the above and want to pass it. on hoping it will do some good. In this connection we would again urge the formation 'of a business league for the\ town. We recall that years ago there was such an organization and of a certain trip a committee made to Charleston. The cosmmittee from Prosperity was joined by one from Newberry. We visited the good offices of Capt. Wag ener and. well do we remember the laconiec suggestion made .):y .Captain Wagener to. Col. Pickens, General Freight Agent.gof the South Carolina Railway. Ash W. A. Moseley or Mr. C. E. Summer.if you wan.t to know how he suggested to.get they same rate on' cotton as Whitmirq had. Yes, let us. try again and see what we can.do this time. .. .. We just heard today of another party who desired to come to town, but could get no house. Mr. M. C. Morris, traveling sales man for King's Hardware company, and Miss Frances Rawls,' assistant teacher in the graded school here,. were married at the Methodist par sonage Wednesday evening, Rev. Whitaker officiating. More bills than blessings come with' a large family of children.I A 'man has as much chance of not letting married as a fox of not get ting captured by a pack of hounds in a walled-in-field. NOTICE~ OF FINAL SETTTEMENT AND DISCHAEGE. Notice is hereby given that the un dersigned will, on the twelfth day of April, 1906, make a final settlement >n the estate of John J. Mayer, de eased, and will immediately thereaf ter apply to the Judge of Probate for letters dismissory as administrator of mid estate. All parties having claims S.:st the said estate will present same on or before that date and all parties due the said estate will make prompt paymezt. John M. Suber, Administtator. PEGRAI DARGAN NOT TO BE TRIED DARLINGTON GRAND JURY HAS RETURNED "NO BILL." Solicitor Stated the Law-Dargan Had Been Presented by rormer Grand Jury as Accessory to His Brother's Suicide. The State. Darlington, March 6.-The grand I jury in making out bills today, found "no bill" against Pegram Dargan, who had been presented by grand jury last fall for aiding and abetting his brother, Keith Dargan, in taking his life, on the 11th day of July last. The grand jury spent considerable time to day looking into this case. Three witnesses, Dr. G. B. Edwards, Mr. J. K. Doile, the barber, and Coroner J. N. Clanton, appeared before the grand jury but there was not sufficient evi dence adduced to incriminate Pegram Dargan for murder. There has been rno little surmising as to the outcome of this case and many have been the questions asked as to what disposition the grand jury would make of it. The jury frankly stated that acting on the facts in the case shown by the testimony they could not bring in a true bill against Mr. Dargan. There may have been ground for strong suspicion but they were sworn to abide by the testimony. In handing the bills to the grand jury today, Solicitor Johnson spoke as follows with reference to that of Pe gram Dargan: "I have here the indictment against Pegram Dargan and I would like to state, may it please your honor, that it has given me a great deal of trou ble, otherwise than as to the family. ft was the presentment by a former grand jury. I would. not have so much trouble if there had been a pros ecution, as is usual in a homicide case. It was presented last year when there was a great deal of excitement in the community over a rather notorious niatter. 'Your honor will excuse me for saving what I am about to say, because thc situtation is rather deli cate. There was even a great doubt as to whether there was a homicide committed at all or not, there was a good deil of indignation on, that ques tion. "I understand since then that that question has been set at rest by the inspection of the grave with the eon sent of the family. "Your. honior will not misunder stand if I wish to have made a pretty thorough investigation sof this case. I will state why, while ordinarily it is better for the defendant to be tried whether he is guilty or not, tried for his own vindication where there is an active prosecution, yet there are some-. times other circumstances which enter into it which have to be consiaered, which ought to be considered,..and in-I asmuch as this ease.. emanafed from the grand jury I do not feel author ized to take any responsibility myself but feel that the responsibility rests upon this grand jury to decide wheth er public justice demands a public trial or not. "It is for them to decide that ques tion and it is in better hands, inI the hands of the grand jury, than it would be in mine. I stand ready to take that course which would best subserve public justice. A peculiari ty about the case is this: It is a charge of murder by being present, aiding~ and abetting R. K. Dargan to ommit suicide. I found under the ommon law there could be no acces sory to suicide, because fellow de se could not be -tried. That has been' hanged by statute and an accessory before the fact can be tried whether the principal is amenable to justice r not. But this is not a charge of being present, aiding and abetting, which makes one charging this de fendant as principal. I charge him, technically, as the grand jury do, of being present, aiding and abetting, hich makes him a principal. I have' followed the natural language of the statute and have made the charge but the punishment is the same-it is a8 harge of murder. SThe -indii,rien t s neonniai-thnre is but one count in it. I have to recite whether it be true mr not. I have to recite the fact that the principal murdered himself and that he (lid it with malice afore thought. I first set out as though he was on trial, and state the facts that he is now deceased, that he -died by his own hand and that the defendant was present, aiding and abetting, making that one count, and I con elude against the form of the statute and against the peace and dignity- of the state. "I apologize for saying so much but I worried over it nearly all night. To this Judge Gage replied irr sub stance as follows: The Court's Charge. "The next bill is against Pegram Dargan and the solicitor states to you the bill is not handed you in the usal way but on the presentment of the grand jury. The solicitor has made bold to say how he felt about it. As I told you yesterday, you are amen able to no one, you are to do your duty; you pursue your investigation guided by your conscience and no one will have the right to criticise you un justly. The solicitor, has stated in your hearing that he desires a thor ough investigation into all the facts and circumstances of this case, also as to whether or not the defendant and the deceased were in such a men tal c6ndition as to be capable under the circumstances of commifting a crime. "I know of no better rule for con duet than that laid down by the Di vine Master when he said, 'Do unto others as you would have them do unto you.' "Follow that rule and I am sure you cannot go amiss. This case has excited no little in terest in Darlington, it being the com mon topic of, conversation here to: day. It is the consnsus of opinion, however, that the grand jury have performed their duty faithfully and fearlessly and that they have made the proper disposition of the case. The family of'Robert Keith Dargan have been made to suffer untold heartaches byv his sad end and the trial of Pe gram, his brother, would have only' added- to the almost insufferable sor-. row of his aged parents. The public seems disposed not to add to this by airing a case which would not have ended in anything but an acquittal. Pegram Dargan is now at'Almond, N. C., and it is stated that he will r:eturn to Darlington. This probably ends one of the most unusual cases in the history of the state. Wreck Near Columbia. Columbia, March 6.-Passanger Train Number 9, leaving here at 7:10 this morning for Asheville, was de railed a mile west of Frost Station,' seven and one-half miles out of the city, at 7:45 this morning by a broken rail, thought to be due to expansion and contraction incident to sudden change in the temperature. It is wonderful that the accident did not result more seriously. A sec tion of from four to six feet of straight track was in some way bro ken out of the track. Two coaches left the tracks and were more or less broken, though they were not splintered, and can be easi ly repaired. The engine. which was in charge of Engineer Means, did not leave the track and none of the crew was injured. Conductor Koontz was in charge of the train. Six passen gers were injured, but only slightly. The injured are: S. L. Seatrunk, Columbia, cut on wrist ; W. S. Me Creary, Asheville, left ear cut; H. P. Seigler, Batesburg, back, right side and right shoulder bruised; R. Mf. Parrott, of Parrott & Bailey, Colum bia, contusion of right knee; W. M. Aikman, Brooklyn, N. Y., head cut and right arm and right shoulder brusied; D. E. Mann, Fairfield, right arm and right leg bruised. The express car and first two coach es left the tracks and were turned over. The second-class passenger eoach was the only one turned entire ly on its side. The Pullman left the track but did not capsize. Division Surgeon F. D. Kendall attended the injured. Some of the pasenkes were brougM back to Colunbia