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I N 1 " * %'M ta,: *i Ml/".l F LXIV. INQ.1. -1~BR' S .TT~SA,MR! 12. t907o WC WE.$.0AYA NWWwaY-'$'0 TES&Y_XAR DUE 10 TH DE TH IN QUIV IONIOTI R OBBER AND WOULD-BE VIC- I TIN KILLED IN 0OLUMBIA. 1 Edg4r Marshall Holds Up Charlie B. v Green, A Shandon Storekeeper, and is Shot to Death. News and Courier. Columbia, March 10.-An attempt to waylay and rob Charlie B. Green, a Slhandon'merchant, resulted in the death of Mr. Green and of the wotid be robber, who was identified as Ed gar Marshall, son of Mr. P. G. Mar shall, an eminently respectable and 'highly respected citizen of Columbia. The robbery and double homicide took place within sight of Mr Green's home, in the suburb of Shandon, ihortly before midn'ight Saturday night. The bodies, lying feet to feet, were not found for several hours, and the affair has created a tremendous sensation in Colimbia, as it is possi-. ble flhat there was another robber or robbers. The facts as brought out at the cor oner's inquest and elsewhere today are as follows: Scene of the Tragedy. Mr. Green ran the store on the Gar ner's Ferry Road, near the Epworth Orphanage, in the pretty village of Sliandon, about two miles from the city of Columbia proper. On Satur day night he locked up the store and left in company with his clerk, J. B. Ward, tvho also lives in Shandon. They walked tivo blocks together along Woodrow street, and when they reached the corner of Woodrow and Preston streets Mr. Green turned to his.right to go to his home, one block down on Preston street. When about half way of this block, just at the rear gate of his neighbor, Mr. Toney, C he .was accosted by a man in hiding and 'was probably struck across the head \vith a slung shot, the man be ing concealed behind the open gate. Green Shoots When- Struck. Green, it' is thouight, was carrying. his pistol in his hand; as that was hic custom when going home late from the store with money in his pos session. He evidently threw up his left arm to ward off the blow, and red with the pistol in his right hand very close range. Four chambers s of his pistol were fired, and three of I his shots took effect in Marshall's I body. One ei\teredk just below the i left collar bone, another entered his % face just where the lips join, making i a flesh Wound on the left side of the , Wdace, and the third entered at the t back of the neck, on the left, also making a flesh wound. Green was also wounded three times, each of the three wounds being in his left breast and one of the balls probably piercinig his heart. The last shot 'was evidently fired after Green had fallen to his knees, and it is sup posed1 that the first shol; which struck him killed him. Position of Men When' Found. * The two meon wvere found lying feeti to feet,.about four feet from the gate,( where Marshall was concealed and pward the road. By Green 's righlt and was his pistol, a 32 Smith & AWesson, with four chambers llred. rBy Marshall 's right hangd wvas found a 38 Smith & Wesson, with none of *its chambers fired. By Marshall 's left hand was found a 41 Colt's with five chambers fired and one intact. *Underneath Marshall 's body was found a slung shot, the bag, being filled with small. shot, and the string 'being a leathern ,thong s;everal fe I -,:jength. It was a highwayman 's pon, intended to knock thme victim onscious. py Have Been 'Another Robber. eelJ's .derby hat wvas found nar sad, w'lh a hole, evidently made e 'gshot. Marshall's face %W by a black mask,t ' the two bullets whicht S fce had gone, and he alsot pi comforter around hist t. black hat was near hisa thmer soft b)la'ek hat- was t pocket, while the gray was usually seen ,wear ds nside the gate of thei Th e four hats, the un near Marshnall's rightt Md. and the position of the wounds in Green's body might indicate that here was a confederate with Mar hall, and that the confederate shot Ireen from the left side after Gi-cn ad shot nhirshall at closer range. Lhis theory has its kupporters in hose who have examined the spot ind the circumstances,. but it is pos ible that the two men fought to the leath, hand to hand, alone in the lark. Nife Marmed and Search is Made. When found Green's clothing was >n fire and the money in his right land pocket was bui'ning. The cur -ency had been practically consumed ind the coins were melting. The coat vas burned and the money sack also. rhe homicide was discovered when drs. Green aroused her neighbors at I o'clock when she could no longer ndure the suspense in which she had ix t xisted for several hours, because ier husband did not come home. qeighbors went to the store and then dong the route Green had followed, Inding the bodies in the positions al 'cdy described. The offleers of the aw were notified and the bodies were wought to the city. An inquest was teld at noon and the jury found a rerdict that C. B. Green and Edgar farshall came to their deaths from unshot wounds. ' Who Marshall Was. None of the neighbors knew Mar- t hall and he was not identified for everal hours, until his father was i aken to the undertaker's establish- t nent and said it was his son. He vas a young man, not yet 30 years ild,. and had been around Columbia or several years until a few months go, when lie returned from Panama, vhere he had a good position as ma hinist. He went there 'from the 3aldwin Locomotive Works. He first weame a machinist when lie entered he Southern shops here at the time if the strike several years ago, and it that time had some trouble with he strikers, who attdcked him as a cab. He wais considered wild and eekless. For several weeks lie had leen staying at the home of a friend iot far from the scene of the trag dy. His father is employed at the ;tore of J. L. Mimnaugh and the amily connection is a large one in 1olumbia. Young Marshall was seen in Evans' tore, not far away, a half hour or iour before the tragedy. A citizen t vho went out on the Shandon car i vith Marshall, saw two other men, rht>se act.ions aroused his suspicions u1 connection with Marshall, but lie lid, not know Marshall at that time tor the other two men. Wife Heard the Shots. Green was about 45 y'ears old and I iad been in business at that point 1 or several years., He married Miss Jevin, sister of Mr.' L. P. Levin. Mrs. I FrCen has been in ill health for soni ,ears, and had only recently returned mome from a sanitarium. The effect in. her of the shoek is greatly feared. shme probably heard the shots which ier 'husband fired and t hose wvhichli (ook his life, as their home is not.i Ifty yeards away from the spot ~ vhcre he met his death. Others in he neighborhood, including Mr. Yard, heard the firing, but, as that is common occurrence, they paid no ~ttention to it, and not even the famn.. ly at whlose gate the tragedy obeur ed knew that any one had been kill d. The towvn of Shandon is a sep irate corp)oration from Columbia and ans one marshal. Coroner Walker and( Sheriff Cole nan have been at work ciq the case I ll day, following up every possible i that might lead to the discovery I if a confederate with Marshall. . The Teeth.( The aceumulation of tartar on the 1 ceth makes them unsightly. and is of.. I en t>he cause of a bad breath. If the I eeth are properly brushed each day artar will not have the chance to ae-- 'I umujate, but if it hasR alreitdy been j llowed to do so it canbe removed by very simple treat'ment. Moitehm the< oothibrush in warm water and . dipi t. into nlannesia. linb on thie teedh, i md after three. applications the tar or will have entirely a sappeared. ORPORATION TAX NOW QUESTIONED r )EOISION BY COURT ArrEOTS FOREIGN Oo[PAnIES. lave no Right to Collect Mortgage Copern Wins its Point and Other Sections of Law May Come N Up Later. Bl Ahe State, 9th. sa A 'decision of the supreme court is] riven yesterday in the case of the m< 3ritish-American Mortgage company th gainst the comptroller general praf- bl; ically kills the clause in the corpora- in ion license tax which . allows the. ivl tate to collect one-half of one mill of n the value of property in this state. br lie case came up last summer when ol he comptroller general issued instrue- be ions for the collection of the license. BI lhe company held that under the act S1 f 1893 a foreign corporation was ad- Gi nitted to this state to do business sii inder certain conditions which were to 'iolated by net of 1904. This view is be ustained in the opinion given, which til s in part, as follows: Cl 'This was an application to the ot ourt In the exercise of its original al, urisdiction for an order of injunc- in ion restraining the comptroller gen- ly ral from enforcing the provisions of at he act to require the payment of an- tr lual license fees for doing business of n this state and reports to the comp roller general. "On the 28th of November, 1904, lie company plaintiff filed a declar- w :tion with the secretary of state in se ompliance with the act of 1893 and thi tated its manner of doing business ne n this state. It was claimed by the ta Mttorney for the company that the -cl imsiness was not done in this state, l11 mt in New York, since the applica- Oi ion for loan is forwarded to New 01 rork, and there passed on and ne- U epted by the company, being return- ri d to the agent in this state, who exc utes the papers and forwards them a o New York with draft. The su- el >reme court does not sustain this tih >oint and holds that the company was fa loing business in this state under the a erms of section 1787 of the code, and >esides it is held that even if this th tatute had not been enacted, the ex- fiI reise of by the petitioner of the cor- ta >orate functions hdreinbefore men- th ioned would have constituted the do- tr ng business in this state." The court then says: ''The next question to be determin- re d is whether the act of 1904 is a vio- th afion of the contract permitting the I ietitioner to do business in this state. st Phen this permission was granted fa he act of 1892 was of force, which H >rovided that foreign land loan as- " oeintions not incorporated under the sh aws of this state to pay should' pay el license fee of $100. This was done " oy this company. The act of 1892 " vas also of eftfect when this company an vas licensed and contained thle prlo 'ision that foreign corpora tions in ny state or foreign count.ry are per- i nittedi t.o carry onl business in South jarolina in like manner as the natur- m, .1 born citizens of the Uniited1 States i r any forcin-n country, subiject ncv rt;heless to the terms and conditions mi ereafter set forth in this same act. th his1 p)rovision biecame sect ion 1779 of lie code, whieb \vas amended by the et of 1904, which imposed a license go ce of one-half of one mill en the (calp- he al stoek of domestic corp)orations aind , lhe same license fee on the total value b ~f the property within this state of ii oreign corporat.ions doing business in II his state.(t ~Justice (Tary quotes a dlecision of lii lhe Colorado supreme court in the w< ase of Am. S. and RI. Co. vs. Colora- it o, in which it was held that tho t ii ight to do business in a state with nt being subject to 'any greater lia- thI ~ilit.ies than those imp11osed on domes- irr ic corporations was acquired by a oreign corporation upon01 its. admis- h ion to the state of Colorade undoer af he laws then in force, which sub- 01 (eted foreign corporations to the dui-t ics imposed on domestic corpofations thIi Cf like character and such right was mn mnpaired by an act of that- tato sub- th equeintly enacted, wich required t a uceh cor-pordtions to pay an annual Ii- in ense fee double that imposed on do- fu JACK EXPLAINS OLARI DEAL. m V- go !r%er Dispensary Director Makes a sai statement-He' Declares an In- wt justice was Done Him by not ne AlInwing him to.Explain Cl tile Purchase of Whis- pe key from the Peoria Ti Pirm. go - wi Ws and Courier. co columbia, March 9.-Major John ack, iember of the state dispen- ch 'y )board of directors recently leg- fo ited out of existence, and .also re- fii )ved from, otile by the governor on 0 s'_-_uestion of the general assem- wi y, today made his first public state- ill Dt in regard to the purchase of I iskey from Clark Brothers & Co., fo Peoria, Ill., the purchase which co ought upon hii personally and up- th the board of which he was a men- go r so much adverse criticism. Major fo ack returned home from Hot fro ings, Ark., a few days before the co -neral Assembly 'adjourned and go le that. time he has had nothing co say in print except that he has co oi quoted as saying he could jus- lal 'y his action in the matter of the th ark pureliase. He has now given TI it. a- full statement of the affair, !th m11 withl) statelhents from the firm th question, to show that he was fill- en justified by the state of affairs th the state dispensary in taking ex- no ,ordinary steps to secure a supply Stl liquior badly needed. n - Major Black's Statement. Ia The statement in full follows: To the Public: The best evidence fa iere a record exists is the record it- v If; therefore I will not attempt at pe is time to say anything only in con- d1e etion with what has been so much yo Iked about; that is the Peoria pur- at ase. I have never purchased, nor pr st he board of directors purchased dc * dollar's worth of goods while of e or any of us were out of the state. to Iless you consider the way the Peo- gi purchase and arrangements made Di th Messrs Clark Brothers '& Co., th Peoria, was made. We purchased sh 'ap goods from several firms to run w( rough the Christmis holidays. They as iled to ship, saying that they were se raid of the credit of the institution at that payments had been held up by th e committee last year, that the pro was too small to warrant them in ai king the risk, and we failed to get at .'oods at that time to supply the eA I.e, only as we tax paid for goods. th Mr. C. W. Dudley wired me from n' oria, Ill., to come there. I did not er y. A few (lays later, when I found hi at the goods were not being shipped. thi sent a messenger to Mr. Wylie and s) tled to him the condition of af- "l irs. He wrote me to act at'onee. Mr. wlinson was here. Mr. Tatum said either had to have the goods or sa ti the plant down-that it was an W ergency case. There had been 2.- w 0 barrels of cheap goods cancelled ; fa Ineeded over 100 barrels to dmp sa d bottle dlaily. I Suggested Going to Peoria. .* Mr~. Dudley saidl his house, Clark .e 'thers & Co., would1 ship us these aids if they could see some of the mibers of the b)oard and make sat- p actory ari'angements as to the pay- , 'stie corporations. The dlecision of (' Colorado eaise is quioted at length.il In conclusioni Just.ice Gary says: 'Under the act of 1893, hereinbe- t 'e mentioned, the petitioner, upon01 ne permit ted to do business in'this ite, was sub,ject (only to such liabili s and (lit ies as were imposedl on t ural b)orn citizenis of the state of 5 - United Statiies and as the cit izesCl this sate ('eene:ed in business ofa ~e charadter withI thle petitioner., re not requiredl to pay a license fee could not be enacted of thme peti nely). St ''It is the jud.iiient of thjis court lii it the prayer of the petitioner be wa mied.'' .p1 The .comptrollern LVeneral estimated M at the revenues of tne state were h< 'eeted to the amount of abont $20,- I)( () under this decision. A ttorneys in- dc 'ested' ini() ther corporations stated m~ it thme tax on doinest ie coirporations I9at also lbe affected byv reason of TI a point that these should not be pt Xd' whien foriigni corporat ions do- pr 'i the samfle business were exempt. A ci uther test of the case mny be nmade. tI: nts, and suggested that two of us to se the firiV. Mr. Rawlinson d he could not go, that Mr. W.ylie is not here, but thought it very -essary f6r me to go Antd show irk Brothers & Co., how the dis nisary stood in a financial way. is I did, and they shipped us the )ds, and continued to ship until I red them, on December 27, to dis itinue. NTow, these are the facts-the puir ,ise was made here, the agreement p payment of said goods and the kal consummation made at Peoria. At the time of this investigation I s west of the Mississippi river, very As soon as I was able to travel 2aie here, anxious to be heard. I ind that without trial I had been ademned. I tried in every way rough my attorneys to be heard. The Vernor . allowed less than twenty ar hours for me to get witnesses )m Illinois and other places. That imittee-the legislature and the vernor did not dare hear Ime-I aild and would have convinced the 11mittee, the governor or the legis nre in ten minutes of the fact that 3y were doing me a great injustice. ese people would get up and beg at a rapist be given a trial, yet 3se lawmakers and the Chief Exe tive of the state refused me what ?y would give a brute. They. did t want the truth. With me on the mtd they would have been put in ssession of facts that would not ve suited one man that planned this that is too much of a coward to ?e me in an honorable way. Now I mt to ask the newspapers and all aple that have any justice in them, n't. take the advantage of me in iur colunns. Let, the governor and orney general bring me to trial and osecute me. The legislature said this. Let me be tried in a court justice before a jury and if I fail show to the world that I am not ilty then say what you please. nl't intimate that all people are eves; quit crying graft ; put up or ut up. I don't believe that there re twenty niemlbers of tle general iemibly that went to see for them ves what, the st.ate of affairs were the state dispensary; twenty of IMI could not. tell you now. Thirty years ago' carpet-baggers, in and arm Iwith the men's women's d children's iceks, their wives some ildren's neeks, their wives, some of em, teaching negro schools, would t have been allowed in your moth 's kitchen-but now. Well, after I ve beeni heard I will say something at is the real goods. I will call a ade a spade and not intimate infer I lies. Purchase Made in Good Faith. Tf there is anybody who wants to y anything about me and cannot kit until T can be heard, notify me ion to meet you and tell it to me(!, ec to face, like a main. T guaraniteo tisfaction. Now to po back to the rehiase of uoods. I liave done noi ong,~ an Tl Idon11't bel ieve it is a ?hnical wrong, muclh less a real -one Th board eeri ai inly acted as yv other bus1iness5 meni woulId. TIhe rehmase was nmade in iood faith anid wvoul d do' Ihe sanie aga in if supplies 're nmeded. If tihis was not a leg~al rehmase, t hen every' purichmase made lce thle dlispensary started has beeni cgal, ini miy opinion. Call it a purichiase miadle here oir crc, makes no difference to me. I I it. for the'best and have no) apolo1 ~s to make to anyvbody. I also en ise a copy of a lettecr sp)okeni of by me,(~ ritten to MIr. M'.bley. IRead is inI connec10tionh wvith w"hat I have .r to hide. Letter to Mr. Mobley. Mr. M. H. Afohley, Chief Clerk, ate hloar id D)irectors, Southb Caro in State D)ispensary-D)ear. Sir: T m1t to thle offlce this morniing to ex nin t he arratgemenits made wvithm cssrs. (ilark Brot hers & Co., ide.. ndent distillers, anmd blenders, of ia, Ill.. but before woing into the a ils of t his~ mat ter. let me first hle thie followjing statement: ourehii,ed One X, Two N aid IrI( X eoods. fr~om several firmrs Ohle thot ha:md been ui von the h est rt of thle biusi ness. These p,eople her' refused or failed~ to ship u1s ese goods. They shippledl all ease goods and goods that there was a good profit in to them, but the goods we use and need most, the cheap goods, that there is not much profit in to them, they not only failed to ship, but I am reliably informed tried to keep us from obtaining these goods from others, and tried to hurt the credit of the institution. These people are doing this with the kilowledge that the dispensary is in first-class finan cial condition, and for the purpose of getting all the business for themsel ves. The record shows all of this. The state board of directors saw all of this, and the Hon. J. M. Rawlin son, chairman, and the Hon. Jos. B. Wylie, members of the board of diree tors, directed me, as a member of said board, to proceed to Peoria, and anywhere else that I saw fit to go, buy the necessary goods from some reliable firm, (firms that, had bids in,) and have these shipped at once. By reference to our commercial re port you will find Messrs. Clark Brotlhers & Co., rated up1 in the mil lions. They are anxious to do busi ness with us; they are not afraid, but willing to Ship South Carolina any thing needed, but they explained to me that, while they have millions to their back, just at this season of the year they need money. Appreciating that t1hey are perfectly willing to lielp us with these cheap goods, and that we were IRXy)ayilg fFor stuiff 14) p00 pie that have been a pull back to us, I saw, and do not now see why we can't pay some cash or accept a few drafts, and help those who help us. South Carolina is in a miserablo fix, when we allow anybody to run our affairs like, it, appears to Ie, some whiskey men are tryingt to do. When tOhey do I will resign and drop my head in shame for the state. The legislature is welcome to my job if I do not, run the business right, but I will not allow, so far as my powel goes, these men to dictate to me how this business shall be run. T give you helow a schedule of how these goods were to be shipped to help us through the holidays. The drafts or aces fances go into effect, on the day the shipment.s are received. We can and must. pay some of flie first, and when we reach one that it. is impossible to meet, then T arran1ged with Mr. Hull, the manage'r of Messrs. Clark Broth (r-s & Co., to notify him and return the paper. Ie will look after it at the other end of the line. Wlhat the state board walited was to :et goods, in spite of tihe people that are trying to hurt us financially, to get all of tihe business for t1hemsel ves. This I snceeded in doinlg, with ont getting ol .my knees witlh my hat in my hliand to certain people. Each slipment. represents about $15,000. Our weekly receifts are, say betweein $50.000 and $75.00. Therefore, if we nlil IY e11nsh 1t people 1a11111 wanmt to help tlemselves only. then we canl, an1d )list, help those who are willing to help s. Why lie Went to Peoria. T1ala' wuhat I have and said thle fol.. low'ini statecmnts handtehtd me by Mir. IDudley' and yon will see' why I spoke of pro'eed~linhg to 1PeOria, oee Mr. Dundley says: "'I hereby c'ertify thant I aitte'nded a mnee'tin'. of1 the South (aoinia State disp ensariy on thle f'irst Tuesday a fter the sec(ond( Monday ini November. "'I received an or'der, as rep)resenita ive of Cla rk Brot hers & Co., Peoria, Ill., f'rom thle b)oarid. T Ileft here a bout the 20thI inst ant. for my home, Lex.. inglon, Ky. I then wenit 4o Peri and stubmlil td umy order to ('lark I14-0 h/. ('rs & Co., 'haiviner in Ithe meatime)1 writlIe'n them thaIt. -l I h torder. On)m mIy arrtival1. T 'ond that Ithey had to Ite ('redhit of' Ithe sltaI'ti disp ensnry. They showed me1 somie ttel'gramtis and14 clippings from the state papers, whliich weire not eedit.abl]e to the (1ispensary, and Ithey hesit at'd, and in fact were not inchlinetd tto fill Ithe order. T diid all T could to assuire Ithem that the b)oard( wias reCspon)sibhle and I le account a g'ood one'. Tn thle mea'nt ime T wi'ed Mesr. W.vli h'a dt Black It) come to Pe4oria. My ob;ie'1t ini doing~ do was t, have t hem muake' a sI at ementi of thle financiialI condition of th e 41ispehnsa ry. "T r'(e'ived no~ reply to themrsre tee.. aros. FII (hen re(turni'etd to Col umbia to