The herald and news. (Newberry S.C.) 1903-1937, July 12, 1907, Page FOUR, Image 4
E. H. AULL, EDITOR.
Entered at the Postoffice at New
ferrv. S. C., as 2nd class matter.
Friday, July 12, 1907.
THE "UNWRITTEN LAW."
In recent cases tried throughou
the counitry where the "unwritteg
law" was pleaded, the defence ha
been allowed 'to introduce testimon:
bringing out stories communicated t
the defendant, and upon which th
defendaant acted, while the sta-te ha
not been permitted to introduce testi
mony which might tend to show .tha
there was no truth in the reports re
- ceived by the defendant. This rule ha,
been based upon the theory that tib4
-truth or fa-lsity of statements made t<
the defendant had nothing to do wi,tl
the case; that the only way in whiel
the matter could come into the caso
-at all was as showing the state o.
mind in which t1he defendant was a
the time of the kiling; or, in othea
words, ithe relations between the par
ties. We do not question the correet
ness of this law; the theory seemi
good. But the trouble about the whob
matter is that wien a man has killei
another. there is too much room foi
him to manufacture a defence, alleg
ing that his family -has 'een wrongei
or something of the kind, and th(
prosecution is shut off from any at
ack upon the truth of this defence
And'the verdiets of the juries practi
eally aimount to giving a man the iighi
to act upon rumors which he miglx
hear, without in any manner inquiring
into the truth or fdsity of these ru
MOrS.
The judges usually tell the jurie
that there is no "unwritten law"
that the only law which they ar
sworn to folow is the law as it i
written upon the statute books; but
once the "uwritten law" gets into
ease, the verdiet of the jury is, i2
most instances, based upon -it.
-We are almost ready to agree witl
a'reeent editorial rwhich appeared ii
one of the Richmond papers; if th4
S"unwriten law" is to enter into oui
courits-and it seems that it can't b(
kept out--let us write it, and pre
scribe rules of evidened~ under whic
a man will, at 'least, not .be justified
in acting upon rumors 'without mak
'ing any effornt whatever to inquire in
to these rumo1K)s..
The Edgedeld News has decided t<
take the advice of The Herald ani~
News, and try to get thie efforts t<
Juild a nai-hxoad from Edgefield eentr
parn cne point. The road is needed
and 'will be b~uiit some day-we hop(
~before very long,
The'w# says:
'The Newbher Herald an4 News
gives us good adviee when it says thai
it is our best plian to eentalize omn
efforts on one point 'and 'build one
r"oad. We are trying to do that. W<
wilfl first lave to ascertain whidl
route our people want .and which will
te best for use. The 'soner 'we cen
t ralize the better and we aare working
for That very object every week and
*in between times.' WebIave our pre
ference. Our people will do well t<
take the advice given by The Herak
and News"
*Thctyof Chleston is to be com.
mended for tlhe efl!ods whiich have
been made there to put the' oe
sharks ourt of busi.nes These con
eerns ~have been in 'the custxan o1
lending smatl amounrts and charging
-enormous rates of interest. Somi
time ago' city council raised the ii.
-eense to one thousand do*laars, whicl
mnany of Tihem twere unable to pay
.The -matter has been and is being con
4ested ini the courts, but no doubt th4
city will win in a3l thiese eases, 'as i
s'houild.
Anecdotes of "Private" John Allen
After sixteen years of service, dur
inb which ti-me 'he enjoyed the repu
ta'tion of being :the wit of the na'tiona
house of representatives, "Private'
John M. Alen of Tupelo, Miss., vol
untarily retired to the more luera
tive if less conspicuous vocation o:
the law. The memory of his storie:
and humor still survives in the na
tional capital where .few men havy
been more popular.
The story of the way Allen got hi
title of "Private" is still wort]
t'eling, though the ineidenit happen
ed over twenty years ago. It was whe>
he first ran for congress. His op
ponent was a General Tucker, and th<
two campaigned together. The genera
* t on meeting telling 'the crowd hos
he h'ad saved their town during thi
war grew particularly eloquent in de
scribing his sleeping in a tent th'
night before the battle.'
.Allen, who 'was not wi 'n a hun
dred miles of that battle1 ejoined il
his inimitable manner:
Friendc. and Fellow Citizns-T'
all true what General Tucker told Vol
about issleepin;: in1 his tent tia
niI before IC battle. I know al
about i, for I was guardilng that ten1
all nih-lit long in the eold and wet oi
picket. And now I just want to sa3
to all of you who were generals ir
the war and slept at nights in you:
guarded tents, like General Tucker
. you vote for him. But all you fellowE
that guarded the generals' tents ir
the wet and cold, like ine, you vot(
for Private Allen.
That speech gained Allen his sobri.
quet and his election at one and th(
same time.
One of Mr. Allen's most famouc
speeches in congress was delivered ir
the summer of 1896, when Speakei
Reed and Major McKinley were both
candidates for the Republican presi
dential nomination and as a conse
quence were saying little on publi
questions.
Allen began by stating that therE
had been considerable comment in the
newspapers respecting the somewhat
unusual silence which had character
ized him in this session. "But, Mr.
Speaker," he continued, "there has
been little in this session of congress
to inspire a Chris,tiAn gan to be lo
quacious. I am not the only one who
has been silent in these days. There
are many of us leaders who are not
talking much lately.''
Mr. Allen said the Republicam
were going to select for their candi
.date a man who had the qualities foi
which the collonel of a oavalry regi
ment selected animals for his troops.
"He must turn quick and go fast.'
On a later oceasion Allen-had dif
ficulty in securing recognition. When
he finally got the floor, he said in a
deeply injured tone:
"There is an evident disposition on
the part of somebody to suppress my
impassioned oratory. I wish to assur
the speaker and the house that it II
not my purpose, and I have no de
sire by my fervid and persuasive elo
L
quence to overpersuade this house in
to the adoption of any unconstitu
tional or hurtful measure. Sir, I
would scorn to take any such advan
tage of the weakness of the house."
One of the most amusing speeehes
"Private" Allen ever made in the
house was in support of the bill to
tax oleomargarine. Representative
Tiliman of South Carolina/ brother of
Senatotr Ben Tillman,had claimed that
oleo is superior to many brands of
butter and that it was an injustice to
the poor man 'to prevent 'his buying
it. In reply Allen told a story of an
old negro who had eaten a box of axle
grease, thinking it cheese. Upon be
ing asked how he liked it 'the old man
said: "'Fo, God, Boss, dat was de
ranso-mesit cheese I eber has eat yet.'
"Now, Mr. Chairman,'' commented
Allen, "I have p9 buk that if a
proposition were pending 'here to pre
vent th'e sale of ax.le grease for c'heese
the' gentlemen from South Carolina
would deliver us a scientific lecture
and try to persuade us it was ae
better and more who1loome 'than
cheese and that it woul1d be a great
outrage on the laboing maa to sup
press the fraud,'.-" -
At a banquet given by a millionaire
senator one evening Allen hesitated
as he was entering t.he magnificent
dining ro'om and then remarked to
his partner:
"'My dear young lady, let us pause
a moment or two. I doubt if I can
restrain miy feelings.''
TDhere seined to be trouble on his
face, and the lady said:
"Why, 'Mr. Allen, what is the mat.
ter with you?''
"I am sad,'' was 'his reply.
"For what reason?"'
"Oh, it makes me sad to look at
this room. It reminds me so mueh of
my own dining room at Tupelo.''
Those who knew poor Allen's Fin
anial circumstances could appreciate
the point of his joke..
'When showing one of his Missis
sippi constituents about the house,
the delighted countryman asked:
"Who is the leader of this house?t'
"Oh,'' said Allen modestly, "you
will find out when they call the roll.
The first man 'on the list is the lead
er of the house. ~They are just not
getting ready for a call."'
The Mississippian prieked up his
ears and listened. A moment later
the clerk bawled out at the head of
a the list:
S"John M. Allen!"
SA Vacation Behind a Horse.
- To most people the question of ho'w
a to spend a vacation when it is limited
1 to two weeks becomes a problem, but
7 in the New Idea Womian 's Magazine
for August is an account of a novel
- outing which will solve the problen
for many, as it may be followed out
inheny part of the country. Given a
- hc of twenty-five dollars anda
ten days' vacation, and here is a pre.
scription that is warranted not to be
t\,..) hlill id I 1i 'riv mile driv
t ilro1u_-i N v E .. 11 lil la. -i p 'i tel
I I II l t 1 11.1 I , lecessill'y l'epa
r'atioll.- a d f(l . O it. TI'ley r)l'0Cer
a hOlrse for two dollars a day. piled
carefully selected wardrobe into
gunny-sack, seized their simple cook
ing outfit and made for the open road
The article, which is illustrated witl
photographs, is ibrimful of the out
door spirit and yet gives enougl
practical information .to assure any
one of the success of similar under
takings.
A Queer Patriot.
He says he's patriotic, that he love:
his native land,
That he believes Old Glory is an em
blem great and grand.
That nowhere on this globe of ours i:
any other spot
That he would give allegiance to, oi
where he'd .cast his lot
But he says on the coming Fourth h
won't make any noise,
He'll spend his fireworks money ox
poor little girls and boys.
He says he'd rather see a child tha
lives down in the slums
Get out and have a day of joy thai
hear a thousand bombs;
He says he'd rather see the laughin
face of some wee girl
Than see a million pinwheels in
niad and merry whirl
That he will take the.money that h<
might spend in this way
And help to give some litle waifs i
glad and glorious day.
He says he'll not expend- a cent o
REAL t
Many men make up their minds to om
follow this resolution up by beginning ai
their savings wisely, are the men who lii
children sing "Home, Sweet Home." ]
How much land do you own? If you I
ford to hold. If you haven't any, start
If you want a good investment, buy b
for cash if you have tihe money; but if yc
chances go by. . Make a payment. Frec
sell the land for more than you paid for
I have four building lots for sale. Loc
this month I make the following offer oi
paid for. No interest.'/ I honestly,belie
be hble to sell them for considerably mo
SR I,.
I. 2, 3. Part of the Wheeler property
4. Two-story brick store, Express O f
5 Livery Stable.
6. 350 acres land near Whitmires
7. I 15 acres land with outbuildings, 2
8. 5-room house, 2 acres land a.Mou
9. Building lot in Brooklyn.
1o. x% acres land adjoining lots of S
xx. 2-story brick store and sales stable
12. 2-story brick store on Main street,
13 About 3J% acres'of land, witl( five
and Helena, rents for $r8o.oo per year.
14. 15, 16, 17;, 18, 19. Lots on Y. J. Pc
20. One brick building known as.Aul1
horse engine and boile4. This is equipp
6o barrels flour per day. This is a splen~
2oo yds. from the railroad.
21. For sale, 54 acres of land,with re
is a ei yaluable piece of propert and
into lots.
22. House anid 6tie a6e~ 161t Miessolial
'2$ Vacant Lot, portion of J W; Gary
26. %cant lot on road to Prosperity,
did pl&ce for a residence and several coti
27. Lot near Mollohon and near Mr. B
29. Five acres of land near Mollohon
30. Five acres land near Mollohon Ma
3!. 200 acres of land on Werts Road,
mile and a half from Silver Street..
32. (3% acres land near Mr B C. Mai
33. 320 acres land in the New Chapel
room houses, outbuildings.
34 Nine-room two story house, 27 acr
35. loo acres timber land, -15 miles fro
Strothers and i from Dawkins.
36. To acres clay land one mile -from tl
37. Five-room cottage and lot corner c
39. 49j4 acres land near Trinity churc:
lans of Mr. W. A -Hill.
4!. Two lots adjoining Mr. John Rea
reasonable price.
43. Residence with six large rooms an
Boundary street.
For sale: 25 shares National Bak. St
For sale: xo shares Land an'd Securit
Money
A person buying two
will receive one piece f
for the cost of two.
China and
Don't b'uygseconds w
quality at the same pr
I have 500 paper a
going very cheap; alsc
Stationery and Crepe
est price. If you are
the Book Store is the c
you can find all of the r
elsewhere and then cc
and see if I can't save
Mes"B
lireworks tis~ July.
Tlhi he will i mly I ihaik tIhe Lord
And see that all he little ones that
have no place to play,
That never see a flower in the hovels
where they stay,
Shall get out on the countryside and
marvel at the trees
1 And know for once the child faith in
the buds and birds and bees.
He says no crash of bands and bombs
makes music to his ears
One-half so sweet as when across
some meadowland he hears
The shout of wonderment from tots
who catch the first perfume
They ever knew was held within big
red clover bloom,
That he will do his best to keep the
tots above the sod
Because he loves the children and his
country and his God.
He says he's patriotic-and perhangs
his words are true,
Perbaps he has a broader country
love than me or you.
Perhaps Old Glory will be just as
bright and brave and fair
I-f tossing on the currents of the
laughter-shaken air
Where happy children run and sing
and marvel at the joys
Of grass and trees and birds and bees,
far from the city's noise.
--Chicago Post.
Any man who is able to dodge un
happiness is just about as happy as
it is possible to be.
STATE.
,n homes. So far so good. But those who
once to save for a home, and then invest
e to sit on their own piazzas and hear their
4et me help you to do this.
iave some, buy more, buy all you can af
at once, start on $50, $25 or even $1o.
:fore prices get higher. Buy all you. can
u haven't enou'gh ready cash, don't let the
[uently after making one payment you can
it, and thus make a nice profit.
ation convenient, prices attractive. During
i these lots: $5o cash and $io a month until
ve before you pay for these lots you will
re than they cost you.
IT BELOW.
tce and Old Post Office.
3% miles from Mounitville, S. C.
tville, good well water and orchard. -7
B. Aul1.
opposite City Hall.
very desirable location.
-rcom cabins, on road between Newberry
pe property.
s Mill, seven acres of land, a new forty
d with the very latest machinery, capacity
did place for a ginnery, being only about
~idence, known as the Dairy Farm. This
can be cut up in small farms or sold off
e price.
property, near Newberry CottonMill.
Lear Mr. Watts' residence. This is a splen
~ages.
Man cuig Co.
nufacturing Co.
-room tenant house and barn, about a
:thews, about one mile from the city.
reghborhood, two 4-room houses, ,two 2
s ladnear New Chapel neighborhood.
n Newberry, 5 miles from Pomaria, a from
ie city, % mile from the railroad.
d Mower lot, very conveniently located.
i, known as the Reagin Place, adjoining
gin; ioo and 19o treet each. These at a
: two small roosas, with outbuildings, on
>ck.
Co.
J.~A. BURTON,
Real Estate.
Saved!.
pieces- of Sheet :M usic
ree, making three pieces
Glassware.
hen you can get the first
ce.
nd cloth bound Books
~have a large stock of
Paper at the very low
ooking for Post Cards
nly place in town that
ewest things out. Look
me to the Book Store
you money.
ook Slore.
MO WE
We have just
placed on our co
line of Persian at
Lawns. We havE
sonable white stU9
Lingeries, soft ant
from 20c. to 50c.
also the Laces an
which are needec
Have just open
Val Laces in the i
signs, made with I
and to look like -
both Edges and I
Embroidered Li
Narrow Windsc
line of colors.
Keepin mind tI
sell Home Journ*
: COl
I R CM.' I
33 wa
+ taReGrce!is
pound. oras, Mgi
80c.ge2pound
. Weo e everyt"o
* an re , fro
e 0c theS pond
* Fant's Olt
received and
unters a choice
id other sheer
i these very sea
Ffs in Lawns and
I sheer, at prices,,,
the yard. . Have
d Embroideries.,0
ed a nice line of.
tery newest de-.
:he square mesh'.
the Baby Irish
nsertions
nen Collars.
r Ties in agood
ie fad that W#.
il Patterns.
IE -,
Rice!
ice for next tea
he lot lasts.
B. for-$1.O0O.
s for $1.00.
ingin fancy or
Coffee, parched
Lc. to 35c. the
ced -Gunpowder,
rng from 40c. to
'ders. Phone 212
4 to eat."
roCcrU,
iStand.
* ...,.**
--'I
+e -.e+e+