Historical Newspapers of South Carolina

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y ... - VOL XLIV NO. 93 NEWBERRY, 8. O.. FRIDA.Y' NOVEMBER 8. 1907. HTWIOE A WEEK. $1.50 A YEAR , TO PUT DOWN GRIME 3 CONVICT CRIMINALS K JUDGE GARY SAYS CRYING ? EVIL LACK Q FTRUTH. f .J _____ Looking at Murder Cases One Would I" Doubt if War is Over?Duty of Jurors Emphasized. 0 . i The court of general sessaons for this county convened on Monday morning, but as Monday was salesday, and there were a great many sales, there was no business transacted of consequence, except filling the paw els of the grand and petit jurors. Judge Krnest (Jury is presiding at this term of the court, and is hand)% ling the business with dispatch. Ifr* On Tuesday morning tho grand jury was organized, and Solicitor Cooper handed out a numlber of bills of indictment. Judge Gary charged the grand jury forcibly both as to their general and specific duties. lie said lie thought it was a defect in tn? criminal law which gave a circuit 1 judge carte blanche to charge grand f/, juries which usually did their duly . anyway, and restricted judges in their charges to petit juries, which somem times did not do their duty. TTe said there was a great hue and cry on the part of I lie press that the courts were not doing their duty, but the newspapers did /lot point out the remedy, i It took the judge, the lawyers and other ollicers of the court and the juries to constitute the court, and if a part of the court was not. doing its duty, those who were raising the line and cry should specify which part of the court was not doing its duty. No improvement on the jury system had ' been suggested. lie said the duty of j juries was to put down crime and the way to put down crime was to convict criminals, lie spoke of the heavy criminal docket, which had confronted him in Laurens, and said he had told the grand jury up (there that one might well infer from the many murder cases for t'rial tha?t the war was not over in Laurens county. Juries should frown down crime: he said. When witnesses came before . ^ juries and gave perjured testimony, fry?' whifh tbo juries knew was untrue, it r-\ Avas the duty of 1 ho juries to discard | that testimony and to got at the | truth of tho case. The crying evil of i Br today was a lack of truth. The court ' | was here for the betterment of the P society of Newberry county. He was r not here to re:v>ter any kick against Newberry county. Newberry was a place dear to his heart. Some of his ancestors reposed in her sacred soil. But. he wanted to impress upon the jury that it was their duty to frown down crime, lie said there was much discussion todav of the liquor question. The liquor question, he said, would be solved immcdiatck ]F ly if the law of I lie land were f enforced. It was a lamentable fact ' li. thaf the drunkard had more privilI egos than the law-abiding citizen. The law said that drunkenness was an aggravation of crime, while in too many instances the juries said it was an excuse. To prohibit, a man from \ tnkiirr a drink of whiskey was an abridgement of a personal liberty, but ;svi when men abused their personal libery ties, then Iho law should step in. Tn r conversation with an eminent, physi 'V; ?''1" reeontlv. said .lud?ro Gary, the phvsician had expressed the opinion 1 the! .'rime wns a disease crerm. The [,} fltat'e had a sanitarium for the cure i I : of this disease, located on the banks n>\ of it he <~Swaroo, and Iho scientists down there said thev could cure it. ('f The inrv were the doctors. Yf thev ty would dhirnose (lie ca^es. he would i|i sen 1 them up for'treatment. tV But. while it was the duty of the 'w juries to frown down crime, it was 'to eni' illv their dutv |r> protect the in-j Wn 110P0n''' T*ut if the slate had made) ' '/ out a prima facie case, it was the ( du''y of (he grand,,jury to return a W t.ru > hi", and then the case would be invc 1 i-va'f'd hv a netit jurv, and the \\ petit juries would he expected to (Mj come up to the high mark which had }h been set for them. Gn the call of the docket Tuesday morning tho solicitor aannounccd I i/ 1 : that the case of the State vs. Thomas -J. Davenport, charged with assault and battery with intent Co kill, would he continued until the next term. \\illiaiu Sanders was arraigned on the charge of murdering Carrie Mathis, and pleaded guilty. .Judge Gary said that he did not know of any law which said that a man charged with murder should not plead guilty, and he instructed the solicitor to write out the plea. Later, however, he asked Sanders if he knew the effect of the plea. Sanders replied that he had no one to speak for him, and he only wanted 'to ask the mercy of the court. Judge Gary asked him if he wanted to he tried. Sanders replied they could try him if they wanted to. J le said he didn't know they were going to irv him today. .Judge CJarv concluded that il was best to give him a trial, ami stated that lie would appoint counsel to defend him. John Hoyce. colored, was convicted of larceny from the person, and sentenced to serve one year. It was alleged that while riding in a buggy with Henry Gallman, ailso colored, lie took $72 out of Gallman>s pocket. He was ably defended by Mr 10 S HI case. ' ' ' Sam H?rt pleaded guilty of the charge of stealing a bicycle and was given one year in the county jail. On Tuesday afternoon Air. John NT. Iji\ingston was tfieri and acquitted 0:1 the charge of murder in killing a negro, IJich Kemp, a short time ago. The testimony of the slate made out a case of self defense, and a verdict wvs directed by the court. 11 appealed that Kemp and some other nc'Toes were drinking and shooting and raising a general disturbance on M>. Livingston's place, and when Mr. Livingston wen?t out to ask them to go home, Kemp snapped his pistol at Mr. Livingston, whereupon Mr. Livingston shot him. The defendant was represented by Messrs. Blcasc and Dominiek. Willie Johnson was tried Tuesday afternoon, charged, with murder in the killing of Fred Boyd, near Prosperity, in August' of this year. Tt appeared from the testimony that n crowd of negroes had been in Prosperity on Saturday and were returning home that night when an old difficulty was renewed. Johnson pleaded self defense, lie was represented b\ Messrs. Please and Dominiek. Tin .jury returned a verdict of guiltv of manslaughter. On Wednesday afternoon Tom Ponds was tried on (lie charge of as sault and battery with intent to kill the alleged assault having been made upon one John Moses. The plea wa< self defence. The defendant wa< represented by Rlease and Dominiek At 10 o'clock Wednesday night, tin jury having failed to agree, Judge G-ary ordered a mistrial in the TonPonds case. " On Thursday morning lOlmorc Mays Lawson Johnson and Lewis Burto; were placed on trial charged will arson. The state was assisted by Col W. 11. Hunt. Mr. Cole. L. Rlcasi represented Mayes, and Dr. George B Cromer and Mr. E. S. Blease the" tw< other defendants. A mass of lesti mony was taken, the evidence of I In state consisted of statements or (h< defendant's since the burning and cir eumstantial evidence. The erimc al leged was the -burning of Mr. P. X Pooler's barn last December, the pro perty burned being of (he value o! some $0,000 or $7,000. The defense offered its testimony on Thursday af ternoon. Judtrc Gary is right when he say ! 'h:it public improvements whereve j possible should be permanent im | provements. What about some street pavins? j Where do our candidates for mayo 1st and on this question? i The farmers .ire not rushing tin iroflon on the market' ,'hese days am i tbev are riVht. | Jno. 71. Wicker i.< ann ounced as i p candidate for school trustee fron ward 4. President J. A. B. Scherer, am Prof. A. ,T. Bowers are in Spartan i burg attending tho Lutheran synod t HOW LATIMER VIEWS "j COMING OF ALIENS' ANSWERS QUESTIONS CON-' CERNING IMMIGRATION. Favors . "Desii*able Class" From North of Europe and North 01 Italy. Tlie Stale, (>th. Columbia, S. Oct. 27, 1{)07. lion. A. C. Latimer, Bolton, S. ('. Dear Sir: I am informed that you complain that while youfhavo made clear statements of your opinion ahciiL inimiyration, your position has ' ecu misinterpreted, and lliat Hie state has done ils part of the misinterprelat ion. !m makiny the surest ion that follows I assume three thinys: First, that the alleged misleading comments of the press may have justiiication i.i an honest failure to understand your altiitude. Second, that you are considering this matter not as a politician seeking votes, hut as one having the exalted ambition of the statesman lo help his people. Third, I hat your views regarding immigration are decided and clear cut, and you wish hem lold the peouje. without ambiguity, so clearly, indeed, that ho who runs may road. M,v suyyestion is thai van i?ive to the sixty odd thousand readers of t lie State as succinct ly as is compatible with completeness, information upon the following heads: (The questions appear with the answers. \ I am confident. Senator, that direct information from yor upon the several points indicated.- will remove possibility of future misinterpretation of your views. It will clarify the atmosphere. Yours very truly, 'in K. Gonzales. Senator Latimer's Reply. lU!'o> " C.. Nov. 2. 1007. Mr. \Y. K. Gonzales, I'M it or The -Stnte. Columbia, S. C. Mv Dear Sir: 1 have your letter of ihe 27th ult. in which you state, "T am informed that you complain tluH while you have made clear statements I >>f your opinion about inimiyration. ( vour position has been misintorpreted. > nil' I hat Hie State lias dene its part of the misinterpretation." and suyTost that 1 yivo to the sixty-odd thousand readers of the State information Upon certain questions , First, you stale conditions as I'ql. lows: " According to the last census . South Carolina had a population of 557,807 whites and 782,321 negroes. ; The density of population was 44 to , the square mile in South Carolina, '148 i in Massachusetts, and 407 in Rhode Island. There were !)}), 516 illiterates n this stale. The South Carolina school reports for last year show that ( about 20,000 more negro children than while children are going l<> school." , As to this statement, 1 am familiar with the fiirures you give and deplore ^ Ihe situation as much as you or any other patriotic citizen of Ihe state. However, it is a condition for which , the present" generation is not rospon_ sihle. \\rc are face lo face with it, _ and it is our duly to deal with it in an intelligent and patriotic way. I eon_ lend that the class of immigrants that p 1 am opposed to coming to South 3 Carolina will in no way relieve the siination, but will lend lo complicate and further <listruh exist i11lc conditions. The illiterate, low-bred natives I'd southern Kurope are i.i no way s I qualified for citizenship under a re1 J publican form of yovei anient, nor lo "laid Ihe present white population in maiillainiuy while supremacy. They are coming lo Ihe Cnit'ed States witha*i I. I heir families, and to briny t hem i' into the south, if we could keep them hero, where we have so many negroes, will, in niy judirmcnt, result, in a c cross breed with the neyro and make 1 the problem still more difficult In handle. Wo eah not ho|>e to a^siinin la to I hose people, nor have them l?i 1 an.v considerable extent intermarry with our white population. They dr 1 not speak our lanyuaye, and they dif for with our people <n standards of I.' liviny and ideas of government. Tliej s I have nol como to the United States in I any considerable numbers until within I lie last S or 10 years and arc not i proving satisfactory anywhere they j have .none. Below I quote your questions and I'. llowing each with my answer: (a) Question: "In these circumstances, Senator, do you believe dependence upon a natural increase will result in freeing South Carolina from a negro majority?" Answer: I believe it will be J'ar belter to depend upon th?' natural increase a.id the general prosperous conditions which prevail in the south to secure the desired increase in our white population than to take chances on u.idesirafde i in migrants. (b) Question: "Do you advocate, extending a welcome to all white foreigners that are intelligent', sober, industrious. law-abiding and God-fearing, hul particularly preferring (hose from the British Isles, Norway, Sweden. Germany, Holland and north of Italy?" Answer: If they come of their own accord, I answer yes, absolutely. (c) Question: "Do you prefer even to these foreigners the same class of people from the Eastern, Middle, New England and Western States, that know the language and the country's customs?" Answer: Of course 1 do, and T believe this would he Ihe best 'class of people that could come here. , Second: (d) Question: "Under the laws creating the South Carolina bureau, is :t possible for that bureau, or its olHcers, to solicit or in other way encnu age immigration except from the British Isles and the northern countries of Europe?" Answer: The act :e|Vrred to states plainly the duty of the commissioner of immigration, and I have made no criticism of the efforts of the commissioner to carry out the requirements of the act of the legislature. (e) Question : " Is there evidence or belief that as much as one dollar of public money has hern used by the South Carolina immigration bureau to defray the expenses of immigrants to this country?" Answer: In answer to this I would like to know what became of (lie appropriation made by the legislature, outside ?1* |!?." salary of the commissioner and necessary clerical expenses, ami why it was urgj eil upon the legislature at its last sesIsio:, that $20.01)0 be appropriated, \.i.!i the result thai $10,000 was api prnpi iatcd ? It is my opinion that I I he-e immigrants were hroughj here ! in violation of the spirit, if not the lei'it r. t i |Jie Federal law. In response 1 o a complaint made to congress that during the strike in the coal fields a few years ago the operators brought over from Europe immigrants under a contract to take the places of the strikers in the coal mines, congress passed a law forbidding Ihe importation of contract laborers. The immigrants brought over on the Wittckind had their expenses paid and claim thai they were promised employment here al specified wages; and in my judgment they were in every sense contract laborers. If the money was not used in aiding them in coming here, I do not see for what ! purpose it was wanted. J <f) Question: "Under the terms of the existing national immigration law, as construed by the Washigton authorities, is it now possible for the agent of any slate to ns|. miy money, public or private, to pay the passage of inin,grants to this country'?" Answer: It is a violation of the I'Vderal law to use money, either public or private, in aiding immigrants to come to the United Slates. But the sccrejtary of the department, of commerce I and labor under a former ruling conj st rued the law differently, and under that construction (he otT'uers of (he state wei'e exempted from the penal ties of the law. II is my judgment i that, as the spirit of the law was , violated in bringing over Ihe Wi tickind immigrants, il is being violated 1 now by thousands of immigrants who ? are coming to tbr United States, the monev to pay 'i> passage being i sen) by their rrl?l \*e?: who are already n I be ( i it'd !' <>< jii: I !?y corpora? 11mis 11> fO'VMivi ? ? companies who, through their agents selling tickets abroad, instruct the immigrants as to ' the answer they must give when ex WINS BANANA SUIT. Supreme Court Decides Case Against tlio Seaboard?Amount Sued for was $1.75. Washington cor. The State. i Washington, Nov. 4.?Seeders & Hro., of Columbia will pet their $1.75 Tor which they sued the Seaboard Air Line railroad and will yet also the $50 I penalty from tho road lor not settling its claim within 40 days, as the law of Sonth Carolina provides. The supreme court of the United States today handed down a decision affirming the decision of the supreme court of South Carolina. Seegers & Hro. shipped a bunch of ' bananas from Columbia to MeHee. When the bananas readied McBee they were so damaged that the consignee refused to accept |hem. ScegerS put in a claim for $1.50, the value of 1 the hananas and 25 cents for the freight. The claim was not settled within 10 days and Seegers sued, claiming the additional $50 penality for delay in settling. The magistrate's court found in faamincd at the port of entry to onr officers as to how they got the money to pay their passage. Third: (g) Question: "Do yon advocate making- more stringent United States laws governing immigration, so that this country may be heller safeguarded against inflow of the lawless, the base, the ignorant and the pauper j elements?" Answer: I *lo. Kirst, 1 am opopsed to any immigrant coming into tlie I nited States who ean not read and write his own language, lie can not take an intelligent part in our government, nor is he qualified for suffrage in South Carolina and many other states. Second, I shall offer an amendment prohibiting any immigrant landing in the United States who does not bring a certificate of good character from the proper official of the government from whence he comes. This will prohibit many criminals and undesirable immigrants who are leaving their country in order to escape prosecution for crime, and it is not such a requirement as will prove a hardship on the desirable class of immigrants, as in Knropcan eonn'.rics a complete record is kept df ;il| the people from j their birth !<> their death. 'I iiird. I | favor a provision prohibiting over 50,- 1 I>00 immigrants of anv otic national-! il.v coming jo the Cnilcd Slates a i vear, which will further reduce the lumber ol undesirable from southern Kurope. It will m.|. however, affect any of the countries of northern Kurope, as Ia->| year only .'Mi,000 came I rom dermany, which was more than | came from any country of northern j Kurope, while about 500.000 came j from southern Italy. (h) Question: "Do you believe, as I a business man, that the wide publicity attained throughout the I'nited t'Sates by South Carolina's 'advane-j ed ' or 'progressive' movement in behall of immigrat ioi:, has been bene-! ficial or injurious to this slate in the estimation of the people of the I'nited Slates?" Answer: I do not know what estimate |hc people of the Cnitcd Stales place upon the publicity re-I I erred to. However. I know of no publicity that should have worked itt.i'try to South Carolina. <i> Question: " I>oes your plan for the drainage of swamp lands i,i lower So'ith ('arolina by |he nationl government contemplate as in national irrigation of Western deserts- that (be cost incurred shall remain a claim | np !' thi' laud by (lie general governmenI ?" Answer: The bill I introduced in congress for the purpose of I draining the swamp lands is verv simitar to trie bill for natio.ial irrigation. and does provide that the "os| ii'ci'i"e| shall be paid in annual >n f a I mient s by ! 1 i' * owners of (lie land", ' '( ?-e< i> to lie ftf'ii-lied .vil h out i tferest, as is the r-as. jn mCon-il i irri-ration. I have tried to answer your questions Mi the it in which I believe yen have a'ked them. I have no desire In disciesing this question to acc< re >!" !i any other objeel than to serve the best interest of our people Very truly yours, j A. C. Latimer. - "S . *M vor of Sectors, but the circuit court gave .(ho $ 1.75 atul cut off I ho $50 penally. The supreme court of South Carolina reversed the circuit court's decision respecting: the penalty and I ho case won't to the supreme court' of the United States, which today sustained the supreme court of South Carolina. The railroad claimed that the South (Carolina law fixing the $50 penalty was unconstitutional in that it was discriminatory against railroads, not applying to other corporations, and that it was taking- property without due process of law. The supremo court declares that the law is constitutional, that it applies to all common carriers, and .Justice Brewer in handing down the decision said in effect that if was a good service rendered by Seogers & Bro., as most small shippers would not go to the expense of making a contest. Justaco Brewer said: ''lit is not an act'leveled against corporations alone, hut against all common earners. The classification is based upon the nature of the business that business being of a public eha motor. "Further, the matter to bo adjusted is one peculiarly within the knowledge of the carrier. It receives the goods and has them in its custody until the carriage is completed. II knows what it received and what it delivered. 11 knows what injury was done during llie shipment and how it was done. "While in this case the penalty may bo large compared with the value of the shipment, yet il must be reMieinberod that small shipments arc the i>.ies which especially need the ; i 'i.c-l inn of p. nal s'alule.s like this. If a large amount is in controversy the shipper can aff"id to litigate. Whei there is but the tiil'le of a dollar or two the khi;-':i, .an not well a IT ml a law-.ui', and yd ; r-!ieo requires I hat hi* claim h< il.psted and paid with na^utahlc proa pioess. " Za'di Mcdl'i'i The above brief dispatch from Washi igton is the final chapter in one of the hardest fought legal battles in this slate in years, and the c,>n" stiiu'.iiu:alii\ <>!' an important statute <>f South (' ?r<>Ii?> i i < ui>'t: !11 by the highoNt tribunal in the country, section 1711 of the code, which provides I' i a I .ill claims !'<?r loss or d.image ;s :i'.is! any common carrier must be paid \v i*. hin 'ia dry . or refusal !o pay ame niiisl he made within thai lime. The ease was lirsl hoard by Magistrate Samuel II. Ried at Cheraw. who rendered a decision in favor of the plaintiff. The case grew out of the Ions of a bunch of bananas shipped from Columbia to Mr. Seogers, a merchant at Mi-Bio, Chesterfield county. A claim for $1.75 was filed with the agent of the railroad company at Mc.Bee, "but lie failed to take any nolice of it within the til) days required by law. The plaintiff then began suit in Magistrate Reid's court for the amount of the damages, pfluls ffViO penally as provided in section 1711. lion. W. B. Bollock of Cheraw was the attorney lor Mr. Seogers. The railroad company served notice of appeal from Magistrate Reid's decision and fr< m (here the case was carried from icourl to count until it finally reached t he supreme court of I ho I niled States. Tiie law under which this case was brought, ami which the railroad companies were anxious to have annulled. reads as follows: Section 1711. All common carriers doing business in this slate shall be required to pay f'?r or refuse to pay I'or all lo- s, breakage or damage from i breakage. damavc or lo<s of articles I shipped over the line--- of said eoiiiinon carriers withoiit lid days from Ihe J time a claim for said article . artiI cles so lost, broken or da:".')-i d shall ' be made. "In ca-e Ihe -aid common carrier | sir' not pay or n Cu c I.) pay said claim for said loss, breakage or damago a*; s. t out in section 17B) within 'tiie (!(> days there :r? provided for, I lien Ihe said common carrier shall be liable f <r Ihe sum of $">() for each sue}) offense as penalty, in addition to the amount of said loss or damagv, to be collected by the claimant in J any court having jurisidiotion of the same."