The herald and news. (Newberry S.C.) 1903-1937, November 08, 1907, Page EIGHT, Image 8
FURELY PERSONAL.
The Movements of Many People
Newberrians and Those Who
Visit Newberry.
Dr. 0. B. Slay.r ha gone to Spar
zanblur- :.: at te:"' the Lutieran sy.1od.
The w:ther cjntnues i!:e finest we
Mr. dal A. illGr:1'n. tle new en
gineer at the povc- .ou- e has arriv
ed with his fami!Y from Atlanta and
isliving in N-e street.
Mr. M. .'.trlisle, president of
the National ba:k, who has been in
a hospital in Chester for about a
month, has returned to Newberry,
-mneh improved. His friends are glad
to see him home.
Mr. T. G. Williams has moved into
bis new home near Chief Justice Pope.
Rev. W. W. Daniel, of Columbia col
lege will preach in Central Method
ist church next Sunday morning and
vening.
CHAMBER OF ,COMMRECE.
:Secial Committees Appointed-An
,ther Meeting to be Held Next
Thursday.
-As already, stated at the meeting
ef the chamber of commerce held last
week it was decided to appoint some
special committees. President Z. F.
Wright announces the following ap
pointments:
To look affer the question of sew
erage: Dr. J. 3.. Kibler, chairman;
'E. R. Hipp, Alan Johnstone.
To look after the wagon yard: W.
K. Sligh, chairman; C. E. Summer, M.
1. Spearman.
There was a petition in circulation
About a year ago to order an election
-on the issue of bonds to extend the
sewerage system but nothing ever
eame of it. This committee will pro
byly look into the status of Ithis pe
-tition. but until something is done to
remedy the defective septic tarks or
make some other disposition of our
sewer it is scarcely reasonable to ex
pect our people to vote any more
money for sewerage. It is a very live
question and a very important one.
The necessity of a suitable wagon
yard is very patent to every business
uan and the city should not be slow
to provide some suitable and conven
-ient place 'for our friends from the
country.
T'hese committees will be expected
~to report at the next meeting of the
.hbe of 3ommerce which is called~
~for Thursday the 14th of this month.
~Every mnembt r s ould attend this
aneeting. There are other things which
should have the attention of our busi
maess menl and the getting together will~
41o good. A meeting of the members
eenee a month would be a good idea.
PLBADS GUILTY TO MURDER.
Case Goes to Jury and They rail to
Agree on Verdit-Mistrial
Ordered.
On Wednesday morning William
Sanders was placed on trial charged
with the murder of Carrie Matthews.
'Sanders, it will be recalled, was cap
tured in Asheville last week. San
ders killed his wife and her daughter.
He told Sheriff Buford that he severe
ly choked them and strangled them
beeause his wife was plotting to put
him out of the house and take up with
another man, and because the young
-woman was "sassy.'' Col W. H.
Hunt, by appointment of the court,
:represented Sanders. Col. Hunt stat
ed that the defendant admitted his
guilt, and his plea to the jury was
for- a recommendation to mercy on
-aecount of Sanders' low order of in
-telligence. The jury took the case
at about one o'clock, the only issus
being as to whether or not the negro
should be recommended to mercy. Af
ter remaining out all the afternoon,
the jury was called in by Judge Gary,
:and a mistrial ordered.
mGIHAND COTTON MTTJ-S.
Notice is hereby given that under
-the authority conferred upon us by
the.,Secretary of State of the State of
~South Carolina, we will open the
ibooks of subscription to the Capital
stock of Highland Cotton Mills at the
cofie of F. N. Martin, 1218 Main
:Street, Newberry, S.* C., and at the
law office of Mcxwer & Bynum, 1109
* Boyce Street, Newiberry, S. C., at
r.oon of Wednesday, November 6th,
:1907.
Subscriptions will be taken by each
<ol. the undersigned.
F. N. Maartin.
a Geo. S. Mower.
* W. G. HoTuseal.
J. A. Mimnut.
J. H. West.
J. A. Burton.
J. N. McCaughrin.
Chas. E. Summer.
Alan Johinstone.
Octoher 31., 1907.
THE GOODWIN CASE.
Misunderstanding Among Counsel
Case Fixed Tentatively for Sat
urday Morning.
The case ot the !State v. B. W.
odwin, chIargedl with niurdner in the
i . 1 Eu1en!e L. Leavell. has been
set for trial Satirday morning. Of
course, it is possible that something
may happen which will prevent the
ease from being tried at that time.
For instance, it seems probable that
it will fake more than a day to dis
pose of the case, and there seems to
be a question in the minds of som'a
as to whether or not the court could
"o into next week, the Greenwood
court of sessions being fixed by sta
tnfe to open on Monday morning.
More preliminary motions will pro
bably come up to be disposed of also,
Mr. Blease. of counsel for the defence.
having already announced in open
court that on the call of the case Sat
urday morning he would move to
quash the indictment. It is supposed
that his motion will be based on the
ground that Mr. J. S. Dominick, who
was foreman of the grand jury at the
time the true bill against Goodwin
was found, was called off the grand
jury during the deliberation on the
Goodwin case, because it was stated
he was a witness in the case, and the
true bill was signed by a foreman
pro tempore.
Solicitor Cooper announced ready
for trial in the case on Wednesday
morning. Goodwin was arraigned
and claimed the three days allowed
by Iaw granted those charged with
capital offences after arraignment.
The solicitor introduced an agree
ment, signed by Mr. Goodwin at the
last term of court, waiving this three
days time. Mr. Blease contended
that the agreement was made with th
understanding on his part that the
State should .consent to continue the
case at that term, but the consent be
ing later withdrawn and the defend
ant aving been forced to put himself
wi;-;::i the rules of court on his mo
tie for a continuance, the agree
me:-. had beei vitiated. The solici
tor siid that his recollection was that
the agreement was unconditional, and
he contended that it showed on its
face that it was unconditional. He
said his recollection of the matter
was that when the case was called at
the last term. and the State insisted
upon an arraignment, the consent
was signed because Goodwin's at
torney did .not wahit his client to have
to go to jail until the court was over
or the trial had, and if he was not
tried, be put to the trouxble of secur
ing new bond.
Upon a true bill found by a grand
jury in a felony case, a defendant
must be arraigned before he is
brou4ht to trial, and upon arraign
ment the defendant's plea is entered.
In capital cases the defendant, after
arraignment. is entitled to a certified
coy of tLe indictment and three days
in w:hich to pr'epare his defence. He
c: laim these three days or enter
his plea and go to trial immediately,
as 1:e sees fit.
Oni the back of the true bill found
aai:st Go-codwin appears the follow
inz agreement made at the last term
of court, Special Judge F. Barron
Grier, of Greenwood, presiding: "I
B. W. Goywin, hereby waive my
right to a copy of~ the within indict
men t, and also my right to three days
within which to go to trial from the
arraignment. (Signed) B. W. Good
win. Witness: Jno. C. Goggans.
June l'O, 1907.''
In felony cases a defendant's bond
only holds good until arraignment.
Impediately upon arraignint the
bondsmen are relieved, and the de
fendant is placed in the custody of
the sheiiff. If his case should not
come up at that term, he may give a
new bond for his appearance at the
next term.
Pt each term of the court the soli
itr usually calls up the capital cases
on :2e first day of the session to have
the defendants arraigned, in order
that, if they should claim the three
das. the cases could be taken up on
Thirsday following. If he should
wait until later in the week and the
thee days were claimed, it would pos
sibly carry the case beyond the term
In order n.ot. to he placed in the cus
tody of thr' sheriff on the first day of
the term, or until his case is called
up. a defendant may waive his three
das time.
The agreement on the back of the
true bill in the Goodwin case was the
boe of contention on Wednesday
mrnng, Mr. Blease claiming that~
the State had gone back on its agree-.
ment to continue the case and forced
thec defendant to make the motion for
a continannee, and the solicitor con
tendiug that the agr2ement was un
coditional.
The stenographer's record was call
St)icit--r C(ooper t(,()k the staijd and
galve to:-Ir reclle,tion of L.he affair.
Mr. Blease said: "I wish to say
that I represent Mr. B. W. Goodwin
as his sole counsel in this case. and
th:at at the time this waiver of ar
I'ai'P:re1 was prrelred it was pro
(ired bv fraud and by deception and
mileadin-w statenints. When the
ntion for a continuance w: made
and counsel for the state demanded
that B. W. Goodwin be arraigned, the
judge then ",residing started to make
the arrai(,.iment. Something was
said about the waiver of the three
days. I stated distinctly and posi
tively that if the cousel would agree
to a continuance of the case until the
next term of the court. which is now.
that I would have Mr. Goodwin to
waive his arraignment. the three
days' notice, and the demand for a
copy of the indictment. The counsel
went into that room on the left hand
side of this court house. The solici
tor came baek to my desk and told
me they had agreed to the continu
ance. Upon that condition I had Mr.
Goodwin to sign the waiver, as I con
sidered the case would be continued
until the next term of the court. A
few minutes later one of the counsel
for the State came out and called the
solicitor, and they went back in the
jury room for another consultation.
They came out at that time and stated
the case would not be continued, aid
I immediately, having been deceived
and misled. got up ani moved to
strike that waiver from that indict
ment. That is the truth. That is the
way I understood it. and if it had not
been for that understanding, I would
not, under any circumstances or con
ditions, have allowed that man to
hale made that waiver." -
Solicitor Cooper said: "I wish to
state that my recollection of every
thing that happened in this matter is
not entirely clear. But on Monday
morning this case was called up. We
asked for an arraignment. We knew
that when the defendant was arraign
er he would be entitled to three days,
and there was considerable negotia
tion, but I am certain that we never
agreed on Monday to any continu
ance, because there was no continu
ance granted, and it was fixed that
day for Wednesday, .tentatively, or
something of that kind. I don't re
member now when that waiver- was
signed, but I do know that I insist al
ways on arraignmen.t; or absolute and
unconditional waiver of it. I~ don't
remember what time the waiver was
signed. I know I wrote' it out 'and
took it over to the desk and Mr; Good
Win signed it and the alerk of &ouiet
witnessed it. As for intending to mis
lead any man, that is absolutely false.
I have never made a statemen.t to any
man with any initent to mislead him. 1
don't remember what all the negotia
tions were-,there -was considerable
negotiation, but I never made* any
statement any time intending to mis
lead him, and I always insisted upon
an arraignment in this case, 'or an
absolute waiver."
Mr. Blease: "You don 't deny that
whether you intended it or not, you
did mislead me?''
The Solicitor: "I can't say about
that-I say withx any intent. You
might have misunderstood me.''
Mr. Bleese: "I. don't charge any
thing dishonorable' to any man in ,this
case; but I say I was misled.''
'T'he Solicitor: "I can't say how
you 'understood it, I can't say how
you took it, but I know I didn't in
tend to mislead any'body, but my pur
pose always was to get rid of these
three days; that is why I insisted up
on that arraignment on Monday
morning."
The eourt decided that as there
seemed to be some misunderstanding
he would grant the three days. Where
a legal right of the defendant was in
volved, he said, he did not like to de
prive him of it if there had been a
misunderstanding.
The case was then fixed for trial
Saturday morning.
It will rbe recalled that at the last
term of court the c,ase was continued
on account of the illness of the wife
of the defendant'.
Bachelor Maids.
The Bachelor Maids will hold a
meeting on November 12 at 4 o'clock
in the afternoon at the rooms of the
chamber of commerce. All the mem
bers are urged to be present.
Wise-Summer.
The following cards have been is
sued:
Mr. and Mrs. George Walter Sum
mer request the he.nor of your pres
ene at [.he marriage of their daugh
ter Eugenia, to Mr. Clarence Ranch
Wise, on the evening of Thursday,
the twentyfirst of November, at seven
o'clock at the Lutheran Church of the
PRESENTMENT GRAND JURY.
After the'Newberry Sewerage System
-Butcher Pens-Telephone
Poles.
The g-rand jurv made presentm'ent
u Tlltidiv ai mlon and W%ere dis
char.---edl. Theil' lwesenmnit follows.
.Judge Gariy complimented them on
their work hut said the presentment
if open '. c:iticism was too mild. He
told them : fthe officers failed in
their duty in any respect to indict
the officers. That if the supervisor
had failed to heed a forwer present
ment or if the telephone company was
obstructing the public road to bring
indictme--it a.ainst the supervisor for
failure to perform his duty and
against the telephone company for
maintaining a nuisance. If butcher
pens are a nuisance to have those
who m-aintained them presented for
maintaining a nuisance.
In regard to the repairs on th6
county buildings he said they should
be attended -to and it should be per
mane-t work.
In regard to the ferry at Strother
Senator Blease stated that the. fault
lay with Pairfield county and that
Newberry had done her part and was
still willing to do it.
The following six jurors were drawn
to serve on the grand jury next year:
W. L. Buzhardt, E. H. Livingston, J.
R. Gilliam, W. D. Bundrick, F. W.
Higgins. W. Ed. Koon.
The following is the presentment:
To the Honorable Ernest Gary, Pre
siding Judge:
We the grand jury for Newberry
county beg to report that we have act
ed on all bills handed to us by the so
lieitor And 'have reported our find
ins on same to the court.
We also report ihat we have visited
and inspected as well as possible in
the time at our disposal the ofihes of
the Treasurer, Supt. of Education,
Supervisor, Probate Judge and Mas
ter and find records in sam e prpnerly
kept and the offices otherwise con
ucted in an efficient manner.
The committe appointed to inspect
the county home report same in g6od
condition. They would suggest the
houses be covered at once with tin or
metal shingles, with the exception of
two of the out houses. They find the
crops on the place excellent, the lands
well eai-ed for and materially improv
ed, inmates in good and healthy con
dition.. ,
The books of Magistrates B. B.
Hair, C. G. Blease, P. B. Ellisor and
1B. B. Lietzsey have been submitted to
us for examination. We find them to
have been kept in accordance with
law. We have been unable tc secure
the books of W. C. Sligh, J. N. Hen
derson, W. F. Suber and W. A.
Counts.
That of J. H. Williams has been
presented and found correcf..
We repeat the recommendation
made by -the gra.nd jury for several
terms previous, that the 'supervisor
see at once to the removal of tha tele
phone posts near .Jalapa in the publie
highway.
Rt has been reported to us by peti
tions from citizens of Newberry and
Fairfield counties that the public fer
ry at Strother authorized and required
to be maintained by act of the gener
al assembly approved December, 1894,
by the county boards of commissions
of Newberry and Fairfield counties
is nott now, -and has not been for some
time. conducted as provided for by
said act and we recommend that the
solicitor take such steps as may be
necessary to enforce compliance with
same.
We respectfully request the mayor
of Newberry to enforce the ordin
ance, if existent or to secure the pas
sage of one, if not, requiring all per
sons who are in charge of horses or
vehicles to remain with same so long
as they may be on the square in
which "'Cart House'' is located or
to have same securely hitched.
It is also reported that~ the exit of
the sewerage drains on 0O'Neall street
within the corporate limits is in such
condition as :to seriously jeopardize
the health of citizens of that portion
of the town and is thoroughly offen
sive to parties who are compelled to
pass said place in going to and from
their homes in the conduct of their
avocations. We insist that immed
Iiate steps be taken by the board of
health of Newberry to remedy such
condition.
The,ecommittee appointed to visit
the jail reports same in good sanitary
condition and every provision for the
safe keeping of prisoners and other
wise in keeping with their ideas of a
well regulated institution. They find
that there is a ne:-e?sit .e o tr
pairing of gatteriv en tiie ihouse and
repairing the wall in front of the lot.
It has come to our notice that a
trusty by name of Goree, on the1
Icounty chain gang, has rendered ma
teiai servie, in the protection of
%Iar6d T. A. Ber !v from assa, at
the hands of a prisoner and that said
Gore,, has established a reputation for
excellent behavior. We would there
fore ask the court to show such de
gree of mercy to said Goree as is
conipatible with its idea of propriety.
We wotl sa-e,l t to the proper
alitorit 0hat al! slauiiter houses and
hitchier peiis sit-niated near the cor
porate limits of the town of Newberry
or near the residence of a:iy citizen of
the courty, who may be affected in
healt-h by unsanitary conditions of
same be required to be kept clean and
free frem such obnoxious conditions.
We insist that all the magistrates
of the county shall use all diligence
in the enforcemen-t of the law regu
lating the sale of spiritous liquors.
T. E. Wicker,
F. W. Higgias, Foreman.
Clerk.
WORKING STEEL BRIDGE EOAD.
New Steel Bridge to be Built at Lind
say's Bridge-Gravel Being Put
Down.
-Supervisor Wicker is now at work
on the steel bridge road sit or near
Lindsay's bridge. He will build a
new steel bridge at this place and
is working the long red hill on this
side putting gravel on it. This is a
very bad bill and when completed as
proposed by Mr. Wicker will be a
blessing to the traveling public.
At times in the winter this hill has
I been in an almost impassable condi
tion.
Rural carrier on Route 4 wants to
see the road from Langford 's mill to
Beaver dam put in good condition al
so.
There are other places on the steel
lbridge road which need attention and
it is hoped Mr. Wicker will put it in
good condition to river while he is at
work on this road.
NOTICE.
Notice is heireby given that the
Board of .County Commissionems will
receive applications, until 28th Nov.
1907, for the position of keeper of
the county home for the year 1908.
The Board will hold its election on
the 30th instant, reserving to itself
however, the right to reject all appli
cations. J. Monroe Wicker,
County Supervisor.
Nov. 2nd. 1907.
1taw.
Japanese Baskets at
2:t. -- Andersoii 10c. Co.
A leather eard case free to any one
making a purchase of $T5.00 any time
before Nov. 26.
Mayes' Book Store.
Japanese Basket sale, 10c. to 25.
values, each 10c.
3t. 'Anderson 10c. Co.
Excelsior Farm' Union.
Excelsior Farmers' Union will meet
at Excelsior school house on Friday,
Novemiber 8, at 10 o'clock in the
morning. A full attendance of the
'members is requested. There will be
business of importance.
.John M. Schumpert,
President.
County Teachers.
The county teachers' association
will meet in the graded sehool bui-ld
ing in Boundai-y street on next Sat
urday at 11. o'clock. This is the
first meeting for this fall, and it is
very much desired that all of the
teachers shell be ~present.
Prof. Roy Z. Thomas, of Newberry
college, will deliver an address on
''The Teacher's Ideal.''
Dead Fall Farmers Union.
Will meet at the school house at
Dead Fall on Saturday, November 9,
at 4 o'clock in the afternoon. All
members will please attend.
J. F. Stephens,
Secretary.
MONEY SAVERS.
Clothing off 25 per cent. '
Plows 4 cents pound.
Calico 6 and 6 1-4 cents yard.
Outing 5 cents.
Homespun 5 cents:
Shoes pair 99 cents.
S. S. Birge Co.,
Prosperity, S. C.
WANTED-All your cotton 3eed at
the highest market price. Scales
and seed house at C., N. & L. depot.
C. H. Cannon,
WANTED-An intelligent boy. Ay
ply to the Western Union Tele
graph office, Newberry, S. C.
Keep an eye on our windows.
it Anderson 10c. Co.
Newberry Cotton Market.
Corrected By Nat Gist.
Middling . .. .. .. .. .. .. 10 1-8
Good Middling. .........10 14
Strict Middling ... ... ... 10 3-8
SPECIAL NOTICES.
1 CENT A WORD.
No advertisement taken for less
than 25 cents.
COAL EAS ADVANCED and is cash.
Mr. T. B. Wicker will 'seli the
Blue Gem Jallico coal. Call on him
at coal bins.
John Scott.
"DEXTER," my fine stallion will be
for service during the season at J.
J. H. Brown's stables, known as
Knighton's old stand.
J. B. Bedenbaugh.
4t.-ltaw
GUNS AND BICYCLES repaired, um
brellas re-covered, and keys fitted.
Work done promptly and gmaran
teed. John T. Cromer,
At W. P. Smith's old stand.
TAKE NOTICE-Our office is over
the Mower Co.'s store and should
you . find us out when you call
to pay your acount you can pay to
Mr. John W. Chapman of the Mow
er Co.
S. J. Wooten and Co.
10-29-4t
CAPABLE, ENERGETIC, REFINE
woman to represent New York
business house, in southern .terri
tory. References required. Franco
American Hygienic Co., I Madison.
Ave., New Work City.
WANTED-Local representative for
Newberry, S. 'C., and vicinity to
look 'after renewals and inerease
subscription list of a prominent
monthly magazine, on a salary and
commission basis. Experience
siraible, but not necessary. Good op-.
portunity for right -person. Address
Publisher, Box 59, Station 0, New
York.
FOR SALE-One four-room house
near Mollohon mill. Good water
and ndw house. Apply to W. A.
Graddiek, Newberry, S. C.
SOLID GOLD euff buttons $2.50 up.
ISolid gold brooches $1.00 up. Solid
gold children's rings 50c. up. Solid
gold ladies' rings $1.50 up. Solid
gold signet rings $1.50 up. Solid
gold scarf pins $1.00 up. Solid gold
child's ineckehains $2.00 up. Solid
gold ladies' neckehains 22 inehes
long $3.50 up. Solid gold loekets
$4.00 up. Solid gold bracelets $5.00
up.
Daniels & Williamson, .
,Jeweler. '
ASK FOR THE SIPLOFIL1LER at
$1.50. Daniels & Willisamson.
LADIES or GENTS solid gold Elgin
watei $25.00 up.
'Daniels & Williamson.
COTTON SEED HULLS for sale
Southern Cotton Oil Company.
ELGIN Watches $5.00 up.
Dariiels & Williamson.
COAL HAS ADVANCED with great
demand for the best grades, if you
haven't purchased your supply,
call-on we at once and get prices,
I handle the Blue Gem Jellico. None
superior. John Scott.
T. M. k0DGERS, dealer in watches,
elooks, jewelry. Repairig a special
Ity. Newberry, S. C., two doors above
postoffice.
LUMBER.-Rough and d1ressed. ton
gued and grooved of all kinds andj
grades. Shingles, sash. doors, blinds,
laths, roofing, roof pamnts, etc. A
larze stoc~k oif good material upon
which I will meet all pirices, and
strive to give satisfaction.
C. H. Cannon,
Newberry, S. C.
SUPERIOR BREEDING, and indi
vidual dairy confirmation seenred
for "Rearing Fox," recorded in
American Jersey Cattle club Register.
A preinmm at the state fair. He is
bred in purple and is a handsome
animal. Our community as well as
Mr. Scott may well feel the dis
tinction of superior dairy blood
in our midst. Mr. Sc,ott desires to
improve the dairy interest among
a people who have patronized him
so lilberally in the past and we
trust may be meri.ted ini the future.
Roaring Fox is in service at a fee
of $3.00 barely sufficient to meet
expense of maintenance.