Historical Newspapers of South Carolina

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% L VOL XLIV NO 102 NEWBERRY. 8. 0.. TUESDAY DECEMBER 24. 1907. TWICE A WEEK. SI.50 A YEAR ' WIDOW SUES CLINTON MAN. I' r Jacksonville Woman Demands Dam_ ages of M. S. Bailey, Alleging I Breach of Marriage Promise. ' News and Courier. In the olliec of the clerk of the United States circuit court, 4th circuit, district of South Carolina, was tiled yesterday aflternoon the complaint in the case of Phena II. Love, w of Jacksonville, Fla., plaintiff, against I Mercer S. Bailey, of Clinton, S. C., i i'1 !l 'suit for damages for alleged ' breach ot promise of marriage con? tract, at which the damages are laid I at. $150,000. In the amount involved B and in the prominence of tiro parties (F this suit, is ot larger interest than any of the kind ever before brought in this part of the country. The complaint, which is printed below, states the salient facts of the case from the plaintiff's point of view. lit. will be .seen that the alleged courtship and engagement bei twocn the plaintiff and defendant i dates lrom tlie 1 -1*1 h of August, 1001; and began in t'he mountains of I North Carolina. Mrs.' Love will be I remembered by hundreds of persons I throughout South Carolina as the I former landlady of the Blue Ridge I Inn in Ilendersonville, N. C. I Mrs. Love is a woman said to hi b somewhere about 50 years of age and is a widow. She is a woman of culR tivation, excellent manners and presB ence, and enjoys the friendship and 1 respect of many of the leading peoB pic in the church and civil life of E Jacksonville, and has prominent M friends in Charleston. The plaintiff, Mr. Bailey, who has R been a widower for fifteen or twen^ ty years, is one of the best known (men in the commercial and industrial circles of South Carolina. For perhaps forty years he has conducted a highly successful private banking business in the town of Clinton, Laurens county. About eleven years ago he ^established the Clinton Cotton Mills, a plant having 37,000 spindles, and which has had a uniformly successful history, paying for the last seven or eight years good dividends. . Later one of his sons wlablished in 5" the suburbs of Clinton the Lydia Cot[ ton Mill, with 21,000 spindles, and , in this, too, Mr. Bailey is said to be heavily interested. It is also a highly prosperous company. Besides his name appears at the head of one of the large mercantile houses of Clinton. . The popular understanding is til ait the Bail ley family, composed of M. S. Bailey and his sons, own the coniiv-ling interest in these mills and also are large owners of lands, houses and o'lier properties. Mr. Baibv is somewhere between 05 and 70 years of aye, and is prominent in reand other activities of life in (The Bailey family wealth is id in current opinion as agig $500,000 and upwards. the trial of the case will deinnot he anticipated, but the >ns of the complaint, especiall Relating to tlie engagement AS evidence in the case, leads gumption that in the course ligation an intensely interesta.lce will bo revealed. The Ilendersonville, which Mrs. inaged, is said to have been arty at one time of Mr. Bailthe large acquaintance which vc gained by reason of her >n with tJiait establishment, with the alleged weal'tli and of 'lie defendant, promises every successive step in ihe i inaugurated yesterday to ied with the keenest interest ut the South Atlantic States, mplaint follows: iv hen the time for Ihe per' of said marriage approach aboivt tlie day of Sep1001, the defendant, because lid ion in the family of said t. requested the plaintiff to the said marriage; the i hereto agreed and consente postponement at the deinsistence, and thereafter c to time the said marriage stance of the defendant was 1 so that on the 26Mi day of 1002, the plaintiff and de fondant again renewed their promis. and agreement to marry eac'h other the same being evidenced by a rim which tho defendant on that dat< gave to the plaintiff, beinjr a simpl< gold ring npon which the defend an had engraved I lie following: M. S. B. to P. II. L. And thereafter Hie said promise and agreements to so -marry were con tinned until on the said 5th day o October, 1005, the.defendant promis cd again to marry the plaintff on tin 1st day of August, 100U, tire plain till' agreeing that on said date sin would marry the said defendant, an< said date was thereupon finally a.i< definitely fixed for the pcaformanc 7>f the ceremony of marriage. Fourth. That the phtiutff, confid ing in and relying upon the said con tract and agreement of the defendan to marry her, as hereinbefore se forth, has always since remaine. ready and willing, and now is read; and willing to marry the said de fend ant. Fifth. That the defendant refuse to marry the plaintlT, although a re a son able time elapsed before this ac tion. and although she has repealed ly since the 1st day of August, H)0( re<iuested him so to do. Sixth. That relying on said pre misc of the defendant to marry Ire the plaintiff at the request of tlje d( fondant abandoned her profession an business, to-wit, that of a hotel keej: er, which she had fheretofore follow ed as a means of livelihood, gave u her said profession and business an sacrificed her property and in tore? in order to become defendant's wif as aforesaid. Seventh. That the defendant ha; notwithstanding his promise, so mad a-n.l acted upon by the plainlif wantonly, recklessly and malioiousl refused lo penform and comply wit the same, whereby plaintlT has suf fered ureal humiliation and mortified tion. and has been compelled in co: sequence (rf the wilful, wanton, rod< less and malicious conduct of tli defendant and his failure to pei form his contract and agreement. flight h. That by the breach o contract aforesaid in the maunc aforesaid, and by all the aforesai actions of the defendant, the plaintr has been demaired in the sum of on hundred and fifty thousand dollar ($150,000.) Wherefore, the plaintiff pray judgment against the defendant i the sum of one hundred and fift thousand dollars ($150,000) and tli costs of tiliis action. t'nited States of Amcrica. District c South Carolina. Personally appeared before m Phena II. Love, who being duly swori says she is the plaintflf herein, an that she has read the foregoing coir plaint and that the. same is true o her own knowledge. Phena IT. Love. Sworn to before mo tlii? 171!) da of December, .1007. A. 0. Tobias, Jr. Notary Public, Sou til Carolina. LATIMER TO AID IN CAMPAIG1 South Carolinian Made a Member o Democratic Committee. Washington, December 23.?An nouncement has just been made tlia Senator Latimer will be a nuMnbc of the Democratic campagiti congref sional committee, on the part of th senate, for the .1008 campaign. Tli oilier members are Senators Taliafei ro, of Florida; Clay, of Georgia Sfone, of Missouri; Newlands, of N( vadn; Owen, of Oklahoma; Tayloi of Tennessee; Culberson, of Texav r?.n:! Martin, of Virginia. Democrats here are hoping t largely increase their number in hot house and scr-ite as the result of th iu"*l election, and it i?- probable tha in the near future (hose member \ !?o have been chose i from M?e <en I.ife will meet and on. ,.u ,r.i acliv , campaign. I hi the house the I')eir"??i.i!s aro t e'loi.'.- a chairman oavh* in Ja.inar; when the preliminary wo.*;< of th ' nexf campaign will b.v^i.-i. I P. H. M3G. a j THE NEWS OF PROSPERITY. >; The Baby Show?Another Veteran i? Passos to the Boyond?Many e Amusement for Week, t | Prosperity. Dec. 23.?The baby | show in oily hall given under the auss picoj> of the U. 1). C. will ask all who _ '.go in to visit t.he show to deposit ten ? cents at the door to assist them in _ ! placing a monument to the veterans B1 in Prosperity cemetery and No. S) _ j township. Nico candies will also be Q on sale at a booth in the hall. The \ I public' is cordially invited to come I and enjoy a pleasant show. e | Aiu.'t.her veteran has been added to j those who sleep their last long- sleep in the bivouac of the dead. Mr. Sii moil P. Taylor has joined Hie great, ' majority and awaits the bugle call of ^ tin' master in the silent city where I rests so many of his comrades. Mr. 't Taylor was over 70 years of aye and leaves many relatives and friends to mourn their ioss. ! Col. G. Sain Moore told us of an unusual case of honesty or eleverj ness <11 the part of Bwadv Derrick a ; negro living in iiis section. (>;i his way io church at Mount Moriah he ' | found a pocket book containing , $(>5.00. lie enquired but could find no owner. Shortly after a white man 1 came up to the church inquiring for " a lost puree. It was given to him ^ ( and Brady refused to take $15.00 ofl'ered hum. All'i the tfludenlt'S a1 the different -i colleges au'e home, so far as your cor, respondent can learn, for the lioli, I days. Amongtho'iiunVber I note Misses I Willie Mae Wise, Clara Gibson, Isoj line Wyche, Ethel Count**, Kate Thompson, Rosabel Harmon, Anni? Mo.-eiey, Minnie Boyd Brown, Messrs. ' Granville Wyche, Allen Lester, Wal v | tor and Robt". Wise, E. S. Kolin, Clifj ton Kreps. Lindsey Fellers, Jas. Cal, mes, Herbert Lang'ford, Marks and 1 ! Lillius Simpson, Harold Craig, mak! ing a toial of 20 .students from the ! town and representing Wofford, Ers? I kino, Due West, Newberry, Clemson, ! S. ('., Citadel, College for Women, ' Wintdirop, Porter Aeademv. This is P ' * I j fpute a showing for our town an:! tr I I hero are others whose names iiave escaped?as that will enlarge I ho list. IT * Miss (jemtrude Bobb is at home ^ 1 roni Marion, N. C., for the holidays. Miss Margaret Leckie, one of the teachers in our graded school, will spend tlie holidays with her parents in Chester. e l'rof. Coc.il Wycilio, of the city schools of Spa I'lau burg, is at horn? ? for tiie Christmas holiday's. ' M'iss Emma DeWoody, of Ft. Smith, Arkansas, will visi't her classmate, c Miss Erin Ivohn during the holidays. Hart ICohu, of Columbia, will spend a few days at home during the Christmas. f 1 ne Sunday school exercises of Grace ehurrth will be given on Wednesday evening at* 7.30. I he Dime Reading will be given on Friday evening at 7.30. This will be an enjoyable affair and all should at'tend. The play Jumbo Jum will be given Thursday evening. ^ The ladies have arranged so as to give the good people of the town a week of enjoyment. Tile K. of P. and Woodmen supj pel's will be given the following week. There are many good things in store lor Prosperity's citizens. ^ fliis will practically close another year in the lives ?;!' many of us and wha| is the record/ Another mile . sit one in life's journey has been pass' o?l. Our roads did not always lie by ^ jslill wa'tors nor were there eon pas' | tures l>u! there were many opportunities to do good. Did we do it ? Perhaps sorrow and sadness did not " j come to us or darken our homes, t here II j were many to which it did eome. Did | you dear reader help to li-h-ten the 1 jburdens or swcclt'ii l!i<? sorrows of s j those h.unes on which |}' ? shadows j had f- lien ? "* ;"()>? |i,(> good we all may dn? ; V' !1 o da vs are g rin" by.'' ' ?oiiig j| ? May the next l'i ltd ii*! mrk.ing good use of !hc e opj ?rt unities that may be given us. "Lot us then bo up and doing With a heart fe.- any fat? (Still achieving, still pursuing, Learn to labor ami to wait." Prof*. 10. S. Worts, ol' Memphis, 1 Tenn,, was in town for a day or two last week. Mr. W, P. Harmon, of Greenwood, is visit in"- his sons, C. M. and (loo. this week. 1 Dr. R. B. Kpting and daughter, of < (Ireenwood, visited doctor's sister, 1 Mrs. Able, Sunday. j Prof. Worts retnrne dto Memphis ? on Sunday. \ Very heavy rains have fallen here i since Saturday. i Program 'Christmas. I Services Grace Sundav school Dec. 1 25, 1007: " I Voluntary. Glory in the highest, c choir. Processional by school. i Prayer. Duett. Mrs. Ivreps, Miss Kohn. 1 Recto a I ion, Miss Julia Schumpert. * Song. Carol sweetly t'oday. P.ifant department. I Song. ITtvppy Chirstmas time, school. I Recitation. Miss Mary W'heeler. < Song. Peaceful rest. Maxtor Geo. < N\ ise, Webster, Pal Wise, ' Wacy Kreps. < Gift Exercise. Miss Eva Lester's f class, with offering song. 1 Song. Welcome. Mrs. Singley and J Miss Jessie Moseley's classes. 1 Echo Song. Young girls of school. Kxercise by school. The earthly lif3 of {lie Christmas King. Quartet Is. Silent night. Closing yong. ,'oy to t!u world. Bendiction. News From Excelsior. Excelsior, December 23.?We had a ' large crowd out at Sunday school 1 Sunday afternoon. A/fter our school 1 was over we had an interesting ser- ' nvon preached by Rev. Ira S. Cald- ( well. Mr. Caldwell put in a strong plea for the Sabbath and how we i should spend Christmas. The sermon 1 throughout was line and ought to do : miHJh good. i Mr. Aumerle Loriek, of Columbia, ' here to spend Christmas with the ! home folks. I Mrs. Kate Odell, of near Whitmire, ? is spending a few of the h?di lays ' wiIii her sister. Mrs. Crnmpton. Mr. George Wichardson and family ' have moved in their now homo near ' Prosperity. 1 Miss Lora Nates will spend a few ' of the holidays with her sister, Mrs. ' Willie Blanton, o.f Graaiteville. S. C. Prof. E. S. Worts, of Memphis, , Tenn.. is visiting relatives in tiiis sec- , I ion. Miss Lucy W'heeler is up from Columbia to spend Christmas with the home folks. Tiiere will be communion service a!^ ' Ml. Pilgrim church n?xt Sunday i morning. The service (<> bo conduct- 1 ed bv the Rev. O. B. Shea rouse. i Our school closed Eridav afternoon 1 for Christmas with exorcises in the ! afternoon. Quite a largo crowd gath- ; ered at the school houso to enjoy t'he 1 exercises which consisted of speeches by the pupils of school, the school 1 house being nicely decorated for t'iic occasion. A fish pond was arranged in one corner of the building and all presents were placed in this pond and on being fished out and llio name called I'he owner would go up and receive the present, all of (he pupils receiving presents. Santa Clans was also on hand and as usual was liberal hearted amongst the pupils. We return thanks to Miss Boulwaiv. the toac'ner for an invitation to be present. but circumstances were such we could not l>c on hand. The exercises I of )'io afternoon wore presided over , bv Prof. .T. S. W'"'eler. superintend . e")l of education. Thus coded a nleas1 ant aiflcrn^'ui for (be pupils and will j long be remembered bv all present. I A oleasan' Christmas In T*>e ITer- , aid and News typos and rol lers. Sigma. I j , I 1 I Alexander was sighing for more!' | vr>vi 1? jo eonouer. ' , "tj-mv you rv"- tried destroying * .?onfidenrte and then rebuilding it?'' I tlicv asked. | TTerewiMi the great man hatsifly sought an easier job.?New York Sun. TAFT RETURNS. 3rings Renewed Assurances of Ja pan's Friendlines to the United States. New York, December 20.?"Win. 11 I'afl, Secretary of War, returned to lay from his trip around the world > ringing renewed reassurances of Ja >an's friendliness towards the Unitei States, hut declining to say anything vit'll respect to the political situatioi ii litis country. He said that he lint io't been too long out of inliniatv ouch with political affairs at lionu o discuss them in any way. 0:ie o dr. Tat'l's interviewers bad t'he teni ?rity to ask: * 'Well. Mr. Secretary, tell us win s your choice for president?" Amid general laughter, in which h. leartily joined, the secretary ropii mI: "I guess I will have to leave tha o conference." Mr. Tail left for Washington 01 he afternoon train, saying that ac 'umnlated matters in the war depart noiit would keep his nose t'o the otll ial grindstone for some lime I oine, and that the preparation of hi ;pecial report on the Philippine* ivhich will be in book form, woul ilso require much of his time in th icar future. RAILWAY FACILITIES. Sumter Chamber of Commerce Fa\ ors Liberality Towards All Transportation Companies. Be it Resolved by the Sum to chamber of commerce, That we be ieve that Iho future increased poj uiatiou, prosperity and wealth ci South Carolina is largely dependen >n increased railway mileage an facilities to take care of Iho con stantlv increasing demands made uj in them by the growth of the stale inel that it is encumbent upon ever rood citizen to interest himself i lie matter as to the present nee< is well as t?) insure ;i wider and fill lor development of the natural iv sources of the stale for the bi'iieii >!' generations to come. Further: To insure increased |ran> mrtation facililies sncii as is noce? ?arv for the proper development n this state, the necessity for cnnsi> lent handling of the transportatio problem is apparent. Re further resolved: That this bod I'avors the ml most liberality on th part of its stale authorities toward ill transportation companies undei taking lo provide transportation i this state in conformity with on state and national laws. Further: That the inleerst of Soul Paroiina can best be served bv a po icy of conservatism; that the esset lial need at this time is increase and improved facilities and not s much a reduction of the revenue iueli as we believe will lend to d< strov the present facilities rathe than increase their efficiency. Further: That we are not in syu pat by with the almost hostile nit tude assumed by the public in som localities towards the railroad intei i'sts, nor do wc favor drastic ie>,uisli lion as recently enacted in oth?! states, bul on the conlrary, we fa\ r?r fair and reasonable laws, fairl nnd justly administered. Further: That a copy of lhe.se re* ilution be addressed to the IIoi Donald McKay Frost, chairman o the legislative committee on rai roads with the advice that the rose iiilions carry the sentiment of 111 it i/.-us of liiis city and count \ n? ?.?in*r ihiit he recommend to on next leinslatlire such measures a will lend lo increase transporlatio investments in Ihis slate. Funs her: That :i copy of I'hevso re so!uI ions be dire* < ? 1 lo each re) eseiitalivc from Sumler county, al > the mo* !>. of encli city in I hi (ii!.-. :is w.'il lo (,nr city and conn ;? new-".*r.- and the Yews an[V.irier "The State" and al iihev 11'? ">v> !? ?iit-i"s. nskiiig thii Hi-v vive vrrie a!i insistent pnbli "ily. S'uned, If. J. Mcliiuirin, Jr. Attest: F. f. Rcardon, Sec. ENGROSSING CLERKS. - Those Who Will Work During Next Legislature Selected. Appoint incut's in the enyrossinjjf . department for the coming session of * tlio legislature wore announced by , Attorney (leuernl Lyon as follows: Miss Fill cite Jennerett, (Jeoryetwon ; Miss Ju'lia Mixon, Aiken; Miss Mabel ? llearon, Hishopvillc; Mi ss Ola llunti Icy, Ciieraw; MissDubose Jones, Co1 lunibia; Mrs. Hose Pulton Hoke, ? Chester: Miss IVarl (!. Holland, ' Spartanbury; Miss Almciia Coleman, I. New Market: Miss Carri'e K. Simons, ( hnrlcston: Miss Mary (!eo. Cherry, Seneca; Miss May Moorman, > 0reenvilie: Miss Sara Nicholson, Kdyetleld; Miss Annie Aiken, fhvens wood; Miss Klcanor McQueen, Co lunibia; Miss Janie C. (.'race, Charleston; Miss Marie Louy, Columbia; I' Mr. \V. S. Wert/, Johnston; Miss Onie Martin, A tub i-son; Mrs. .las. i Copes, Spartanbury. Mrs. Copes. o.f Spartanbury, formerly Miss Platte, of Orauycbury, lias for several sessions been the chief n clerk of (fit? enyrossiny department, s and her reappointment is due solely ' lo her ctlicicnl service and her abii[l itv. Air. Lewis W. Haskell, of Columbia. will remain in Hiarye of !h.? depart ment. The appointments ,<f the clerks are nvade by the attorney general and t'ne r_ ten solicitors, and t'nere were, :is usual, a very la rye number of applicants. Queen Victoria's Courage, i' Chicago l>ailv News. I"'1' recent ly published letters >- Queen Victoria tells of 'lie first alf tempt that was made on her lifa. it Writiny to the ICiny of (he Bclyians, d she '/.iys: "On rcfurniny from the i- cliapei on Sunday Albert was observiny how civil I lie people were and then suddenly turned to me and said y i! appeared to him as lliouyh a man > had held out a pistol to the earriaye I. and that it had huny fire. AceordI inyly when w,? came home lie mentioned it to ( ol. Arhuthuot. who waA I only to tdl il to Sir ,1. (.mliam and Sir Robert Peel. ;in<| have the police <- i.1st ructcd :111(1 nobody cise. No on.', however, who was with us, such as f footmen, otc., had seen anythiuy at. all. Albert beyan to doubt what he u believer he had seen." i;ut a boy was found who had sect: the same .V lliiny and who had been standing' clos.5 I l<> the man and had heard him mulls ter, "Fool that T was not to fire." 11 was therefore arranged that tlm II Queen and the Prince should again 1,1 d ive out, carefully and secretly guarded, with a view to arresting '' 'he man should lie take the oppoi'-* 1- tunity to iiMike a further attempt. flic Queen continues: "Alter some '' consultation * * * as nothing could ? he done, we drove out?many poiices men in plain clothes lieiny disiributed in and about tho parks and tin r two eipierries rid iny so close on each side that they must have been hit if }" anyone was; still the feeliny of look1 iny out for such a man was not Mes plus ayr.uibles.' However we drove through tiic parks, up to Ilamp?lcad and back ayain. All was so ' quiet tiiat we almost tliouyli| of nothiny when, as we drove down Const i v I ill ion hiil, very fast we heard tho report of a pistol, but not at iill loud, I so that had we ;io| been on I lie alert * j w-' should hardly have taken notice i-1. ' . ! '' -aw ine man seized by a po, ! licenum, next to whom lie was standing when lie fired, hiil he did not I st op. ('ol. Arlnithnot and two others [saw him lake him, hn| we only heard (the report (lookiny both the other | way). We both fell very yiad that, _ lour drive had had the effect ()f having ( j the man seized. Whether it was loadI j ed or not we cannot yc| tell, but wa .are ayain full of yraliludc to Ilrovi^ J dcnce for invariably protecting' us." i II] I'eachcr (after explaining the 1 j character of the Pharisee)?And l" now what do we mean by a "hypocrite '' ? Pupii----Please, miss, a man wot says lie is wot he isn't, hut he ain't. , ? Punch.