The herald and news. (Newberry S.C.) 1903-1937, March 12, 1907, Image 1
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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