Historical Newspapers of South Carolina

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COMMISSION ENJOINED. State Dispensary Funds Tied Up by Judge Pritchard-A Peculiar Mix-Up in Claim. Columbia State, 1st. Yesterday an injunction issued by United States Circuit Judge J. C. Pritchard was served by telegraph upon the dispensary commission re straining them from paying out any of the funds of the state dispensary or turning same over to the state treasurer. The injunction is tempor ary and the commission is ordered to shoi c.ause before Judge Pritchard in Asheville on Jan. 11 why the same should not be continued until a fin al bearing is had on the complaint filed in the case. The restraining order was issued in Asheville on Monday, filed in the ofree of the clerk of the United Sta tes circuit court in Charleston yester day and by him transmitted to the commission in Columbia by wire. It is made on camplaint of Messrs. T. M. Mordecai, Frank Carter and H. C. Chedester. attorneys for the Wil son Distilling company, whose claim against the state dispensary amounts to about $3,000. The serving o' this injunction, while being treated very lightly by the commission, came as a surprise for the reason that a committee was before the commission at the time with power of attorney in their pos session from the Wilson Distilling campany, authorizing them' to ad just their claim with the comimission. This committee consists of Messrs. 1 Geo. B. Lester of New York, S. M. Babbett of Louisivlle. Ky., and W. E. Hull of .Peoria, Ill. They repre - ent in the neighborhod of $500,000 of claims against the state dispen sary. Their power of attorney from the Wilson Distilling company was dated Dee. 26. just five days ago, yesterday, and was signed by Mr. Uliman, vice president. This appears to be a very unusual mix-up and the committee mention ed above could give no explanation i of the Wilson Distilling company's action. Hon. W. F. Stevenson. special at- I torney for the dispensary commis- c sion, is not worried on account of the i injunction secured by Mr. Mordecai and his associates. He is busy just now preparing the report of the corn- 1 ----mission to be submitted to the gover- i nor. -The Order of the Court. .. The order 'of the court is as fol- r lows: "In the circuit court of the United c States for the district of South Car- t olina. In equity. "Wilson Distilling company, corn plainant. vs. W. J. Murray, John 8 McSween, B. F. Arthur, C. K. Hen- v derson and Avery Patton, defendants. e Order: '- I "Upon hearing read the. verified * bill of complaint herein, praying for. an injunction restraining the defend- 8 ants. W. J. Murray, John McSween, 1 B. F. Arthur. C. K. Henderson and e Avery Patton, their successors, agents t and attorneys, from paying over or C disposing of tire funds in their hands 1 as commis,sioners for the purpose of s winding up the affairs of the state~ p dispensary of the State of .South il Carolina'to any c'reditor or to the fi ,public treasurer of said state until i the proper amount due each eredit-or n - hall have first been duly ascertain- u .ed and determined, as the court may t -direct, until the final hearing herein, a and it appearing therefrom that the o said defendants may pr'oceed to pay f -out and pay over said .fonds, to the s 2irreparable damage of the complain- i. an'.'eniess restrained therefrom: v . "No-v, in consideration thereof, s - - upon motion of 'T. M. Mordecai, s rank Carter and H. C. Chedester. r solicitors- for the complainant, it is mdered that said defendan'ts, their f s-cecssors, agente and attc:neys, and t each atnd every one of them be, and 't they a:re hereby, restrained from d -paying over or disposing of the t funds in their hands as aforesaid to s any creditor or to thc pnblic tcaasur er of said state unstil the proper r amount due each creditor t-hall hxa'e i Jjst bF& jicertained and determin ed th: . 'vt m~ay dire.t, until thes "And it is further ordered that said defendants be, and they arei hereby required to show cause, ifc any they have, before mne, on the 11thr day of January, 1908, at the United States court house in Asheville, in 1 tIhe -State of North Car'olina, at 10 1 o'clock in the forenoon why the said defendant their successors. agents 1 and attorneys, and each and every 4 one of them should not be so re strained until the final hearing here-1 in. "And it is further ordered that a copy of this order and of the bill of e:: 'p6 hnt herein be servedu upon said det-endants. "And it is further o -dered that the cmnainan~t a:bove- named do1 Neelde a bond in the penal sum ol I e.: conditioned for the payment t to ihe defendants of all damages and ( eosts they or either of them may sus tain by reason of this order, shoull I the same hereafter be adjudged to t bave been improvidently made, as to N all or any of them; that said bond <hall be duly approved by either of t the circuit judges of this circuit or by any of the district judges of the t listrict of South Carolina, or by the lerk of this court at Asheville, N. 1 Ci. 1 "And it is further ordered that I inv defendant hereto have leave to 1: Move before me at any time before he hearing herein ordered, upon five r lays' notice to the solicitors for the f -omplainant. to vacate this order or r iny part thereof as to such defend- e mnt. s "Done at Asheville. N. C., at cham- : )ers, this 30 day of December, 1907. t "J. C. Pritchard. Jr "U. S. Circuit Judge." i - CASH-SHANNON DUEL. t S oomething More in Regard to the t Last Duel Fought in South c Carolina. Recently the Daily Mail published t in article written by the city editor k in the last South 'Caroiina duel. This e irticle has been reproduced in many jo >f the state papers. among them be- 1 n- the Yorkville Enquirer. Mr. W. i . Gordon of Yorkville read the arti- e le and then wrote the following d ersion, which was published in the .nuauirer: k Edi.tor Yorkville Enquirer: I have Ik arefuily read the article in the last f ssue of your paper entitled "Last J south Carolina Duel." credited to J. I. Godfrey. This article is about equ ly divided between fael and fiction. t; The writer has read the "Cash- t han:non Duel." published by E. B. . Cash himself. Later lie made a a horough canvass of Chesterfield . ounty in 1SS4-S5, talked with the C )eople and ;ot the consensus of opin- o on of the duel in question. He also i=ited Col. Cash at his beautiful, a tately home at Cash's depot. whera !e was made the recipient of every _ .uiHsy. It was the boast that no aan ever visited his home without aving a good time. r Col. Cash was a man to make a S, asting impression. A man of strik- b nig personality, tall, broad, straight nd and finely proportioned. His re- c utation as I got it from friends, a eighbors, and people of this country, a as that he was a true. noble friend r a bitter and merciless enemy--a tl ianof undoubted courage, whmo fear- Cl d neither man nor devii. , Col. Cash was colonel of the Eighth g outh Carolina regiment which, I ras told, he equipped at his own k: xpense. As to his financial ability. a n 14 his plantaation was valued at s 65.000- ti Col. Cash did not challenge Coi- ta lannon. Col. Shannon was the chal ~nging party. It was claimed, how- a, ver. that Col. Cash, whIO was a mas- C r of sarcasm and inveceive, goaded f oh. Shannon into sending him a chal- ~ nge. That part of the story de- C( riptive of th,e actual duel, is in art, erroneous. I visited the duei a ground, near Lamar, in an oi3 eld near Dubose 's bridge in Dar-I ngton county, in company with a ative who was an eye-witness of the n nfortunate affair. He poin'ted out be stakes. which were yet standing, e :d described the relative positions f the parties in detail. The bullet rom Col. Shannon's pistol did not trike the mud and spatter the mud h i Col. Cash's face because there o: -as no mud there even after the sub idence of the flood-nothing but y and sand. This is only a minor er- q o, however... Acording to ~CoL. Cash the bullet a rom Col. Shannon's pistol struck ie ground at his (Cash's) feet and s; brew the sand in his face, which pro- p ued a stinging sensation and he t hought for a moment that he was c truck. According to the code duello the ia men were to fire simultaneously. It d r true that Col. Shannon fired first, t: ifter which Col. Cash deliberately I hot him down.a The trial of Col. Cash for the kill ng of Col. Shannon at Darlington a mourt house. South Carolina, was a t not sensational one and wa's watch- e d with peculiar interest throughout he state. Col. Cash was defended 1 > the venerable Col. Spaan. His E ~peech was a masterpiece. Going t ack to the earliest times, he reveiw- t d the history of dueling and argued a lquently that it was right and pro- a er for gentlemen to adjust their lifferences by the code duello and t ;hat never had -a duellist been punish- e d especially~ the challenged party.1 The anti-duelling law was the di ect outgrowth of the Cash-Shan ion duel. Cot. Shannon was an x-i e medogl popular man and hia .. a- 1 o1"tulatle elld was; t.he GCCh. (1io 1o he newspaper wr1iters, to jump on ol. ('ash with ot h ieet. Iowever, u-e Whoii read th e ( ai-Shallit in )ue].' written by Cl. C:sh him-elf rill admit that they found a foeman vorthv of their steel. As for Bo-ran Cash. his friends old me that he was the must. magir oeent specimen of physioal ma:ihood ht- had ever seen. Over six feet tall reighinm 230 pounds, and of military e:1rilg;, he was a veritable Apollo. Ie was warmhearted,and gcenerous to is friends. cruel- and relentless tc is enemies. The history of his death, as told ne by his neighbors was abo,ut as ollows, as near as memory serves le after 27 years. One Richards was hief of police in Cheraw. He waJ omething of a petty tyrant and a ully. He had been tantalized by hose who didn't like him for not ar estin' Bogan Cash. On one occas )n Bogan Cash visited Cheraw. For ome cause or pretext. Richards at mpted to arrest Cash. A fight en ued. Cash was badly beaten by he policeman; but the officer got de idedly the worst of it. Some time later on Cash went gain to Cheraw. Again he got into rouble with Richards and shot and illed him. At the same time he ac identally killed a man by the name f Coward. Cash expressed much r? ret at the killing of Cownrd. Cash nmediately rode away to his fath r's home. six miles from Cheraw and isappeared. As usnal in such cases everybody new where he was and yet no one new. He was located everywhere rom South Carolina to South ,merica, Governor Hugh. S. Thompson in Fracted State Constable Richburg to ike a picked body of men and go to .e home of Col. Cash and arrest Bo an. They proceeded to Cash.'s depot nd made a search for Bogen, but ithout success. They then arrested ol. Cash as accessory to the killing C Richards. Finally Bogan Cash was located d betrayed by one Douglass. and a :s e headed by E. T. King (Zeke) -afterwards sheriff of Chesterfield nty-proceeded by night to the lantation of Bogan Cash on the ee Dee river about twelve miles )th of Cheraw and surrsunded oth house and barn. Receiving intimation o'f trouble ash came out of the barn heavily r'med. There were two stories as to hat followed. Members of the sse say that when Cash appeared iy came out from their places of meeament and called upon him to irrender and he raised his gun .and red. point blank at them, and that hile -h was a fine shot no one was lled. As Cash would not surren er they shot and killed him and in ipport of this claim it may be men oned that he wvas pierced by only rety -bullets. The other version is only that of Ame negroes. They say that we ash appeared the posse fired at him om all sides-that Cash never fired s gun-that his gun wvas never fir at all. . W. S. Gordon. Yorkville, S. C., Dec' 16, 1907. This Concerns Health. Answer these questions: Do you have sick headaches and] ~usea? Do. you have bad breath and a ated tongue? Are your bowels irregular-either reatly consitipat'ed or very loose? Is your skin sallow, and do you ve a bitter taste in your mouth 1 waking up? Do you sometimes have a pain in our- right side, and are you fre 1ently dizzy? Are you inclined to be melancholy e despondent'i You know whether you have these Emptoms or not, but if you do you robably don't know what's the mat r with you. It would take a physi lan to tell you if you happen-ed not read this, but since you are read ig it, let us tell you and save a octor 's bill. You have eatarrh of e liver and need a remedy at once. ,et us save you another doctor's bifl nd recommend a course of Andes' rreat Pireseripation. It costs but $1 bottle and six bottles are guaran eed to cure the most stubborn case ver known. Six bottles cost' only . Maybe three :bottl'es will do the ork. They -will cost only $2.50. ven one bottle will convince you af er only a few doses that you are on he right track, and maybe, if youi ilment is slight, one bottle will make cure. Wm. E. Pelhamn and Son have sold husands of bottles without a 'single omplaint. Hadn 't you better be in on a cure of your troubies today? The Abbe Gorret, who climbed ev ry imporfant peak in the Swiss and talan Alps, e dead at 79. AUDITORS NOTICE. Assessment of Personal Propei For 1908. 1, or an authorized a,,ent. will be the following named plac'es for t purpose of taking retnr s of persc al property for 1908: At Newberry Jan. 1st to 19. At Chappells J-an. 20. At Longshore Jan. 21. At Walton Jan. 22. At Glymiphville Jan 23. At Mayinton Jan ?I At Wi:mc.e Ja:i. 25. At Port. '"a Jan. 27. At Little Mountain Jan. 28. At O'Nealls Jan. 29. At. St. Lukes Jan. 30. At Jolly Street Jan. 31. At Prosperity FeFby. 3 and 4. And at Newberry until Februa 20th, after which time the 50 per cc penalty will be added according law. The law requires a tax on all not r r gages and monys ao an inco tax on gross incomes of $2500.00 a upwards.' A 'capitation tax of 50 cents is sessed on all dogs, the proceeds to expended for school purposes. Taxpayers or their agents should careful to assess all dogs and av< having same listed by the sehool tri tees and township assessors. All male persons between the a of 21 and 60 years (except Confh erate soldiers, or those persons u able to earn a support from a cause), are liable to poll tax. No return will be accepted unh sworn to by taxpayer or some pers authorized to make same. Persons changing residence frc one township to another should state to assessor and avoid havi: their names entered in two townshil Farmers and others in making retur for their hands should pay speci attention to this. Real estate is not assessed tl year, but be careful to not on tax i turn each transfer of land or - lc (bought or sold) since last return. While on the rounds throughout t county the books of assessment w be opened each morning at 10 o'clo and closed at 4. The office at Ne berry will be open as usual each da - W. W. Cromer, Auditor Newberry County. TO DRAW JURY. Nottice is hereby given that we, t: undersigned 'jury comnmissioners f Newberry County, S. C., will at o'clock a. mn., J-anuary 9, 1908, in t: oficee of tihe Clerk of Court for sa Gounty and State, openly and publi ly draw the names of twelve perso: who shall serve as grand jurors f the year 1908, and that we will the same time and place, openly ai publicly, draw the names of thirt six persons who shall serve at pai jurors for the Court of General Se sions, which wi'll convene at Newbe ry Court House, S. C., on January 5 1908, and continue for ons week. 'Jno. L. Epps, Wmn. W. Cromer, Jno. C. Goggans, Jury Commnissioners for Newber Conty, S. C. STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY. In Common Pieas. ~Lalla Ernestine Lominick, J. 3 Lominiek and George Hallmnan. Slig Plaintiffs, aaginst Roberta Lominick and Ola M: Sligh, Defendants. By virtue of an order of cou herein I will sell before the cou house door at Newberry, S. C.,< saesday, the 6th day of Januar 1908, to the highest bidder, all th tract of land lying and being situa in Newberry county, State of Sou Carolina, containing ninety-six (9 ares, more or less, and boundedi lands of W. F. Ruff, Mrs. Sue Ma bin, the estate or Jno. F. Ban and R. C. Sligh. Terms of sale: One-third of t purhese money to be paid in ea and the balance in one and t' years in equal annual installmen tle credit portion to be secured the. bond of the purchaser and mortgage of the premises soid,- a to bear interest from the date sale at the rate of eight per cent I annum. Purchaser to pay for I pers and recording same; with laa to the pu.rchaser to anticipate t redit portion in whole or in part. H. H. Rikard, Master. Dec. 10, 1907. SALJB or BANK STOCK. I will sell at public auction befc the court house at Newberry, S. to the highest bidder for cDsh on t first Monday in o anuary, 1908, fi shares of the Newberry Natior Bank Stock, belonging to the ests Sof Miss Laura Dre'har. W. H. Dreher, Administrater. ty,' atT People' Prospe P-aid Up Capital - Surplus and I ndividu Stockholders' Liabili For prolection of der H. C. MOSELEY President. W. W. WHEELER, Cashier. Better a conservative int return when wanted, than a about the principal. A National Bank is a safe ry makes it so Likewise our l at of prudent conservative man to DIR] G. W. Bowers 2 J. A. C. Kible R. L. Luther. M. A. Carlisle. J. H. Hunter. he J. F b.W e allow 4 per cent. I id Departrment, interesi is ge r d-I. The First Couj ss Even though cot severe, ha tive membranes of the thr :n Coughs then come easy all 0 slightest cold. Cure the fii s set up an inflamation in the 4jg lungs. The best remedy SSYRUP. It at once gets r S. . moves the cause. It is frt ns O a child as for an adult. 25 * MAYES' C as O its! he Mosel( ,y. Our 36th car of that Clh arrived, making 4,005 bb Best Patent............... be Best Half Patent....... 9 .Every Barn 9 Choice Meal............. ~-Choice Grits ............... as We are maKing some cuti and as a special inducement id 10OCents c it on following goods, goods all _~I tion or misleading. This is 1 ,1908, and to be carried out All Ladies' Hats, Feat Dress Goods, Flannels, a: Youths' and Boys' Cloth~ 17 Blankets, Men's Pants G Misses' Shoes,'I'runks, i .Ladies' and Misses Jacke1 ing Machines. This i v. the extremely low price h, tic for $22.50 and is certai We have an abundance of Ly ments, and to reduce thsem i tall along the line. Youl Moselk lie 5 Years an~ Our growth has bee i,s, We have paid intere by Our interest is Four We pay interest co of Our Directors are v Our efforts are to pl ye We take the public he Our patrons embrac We make few large 1 We are progressive *. . Prospe ve Dr. Geo. Y. Hunter, Pre . F.Bon,Csir National Bank rity, S. C. - - - $25,000 00 al Profits $6,000 00 ties $25,000 00 ,osi4ors. M. A. CARLISLE, VFe-President GEO. JOHNSTONE, Attorney. erest on your deposit with its safe high rate and a feeling of doubt Deposit. Government supervision Board of Directors is a guarantee agement. ECTORS: W. P. Pugh. r. Jno. B. Fellers. W. A. Moseley. Geo. Johnstone. H. C. Moseley. . Bowers. per annum in our Savings payable semi-annually' 4*""""".,,,* """ th of the Season, s a tendency to irritate the sensi oat and de!icate bronchial tubes. winter, every time you take the e st cough before it has a chance to * delicate capillary air tubes of the g is QUICK RELIEF COUGH ight at the seat of trouble and re from Morphine and is as safe for * cents at RUG STORE. 3y Bros.. oice Tennessee Flour has just s., and while it lasts goes for .$5.50 bbl. rel Guaranteed. .. ......___90c. bu. .... ....... .$1.85sack. rices t6 suit the "Panicky" times, will make a clean cut of n the Dollar marked in plain figures, no decep :o last until 1st day of January, to the letter, and includes hers and Vel vets, all Wo o I Men's Hats and Caps, Men's, ing, Rugs and Art Squares, oods,ILadies', Children's and alises, Satchels, Telescopes, 5, Lap Robes, Domestic Sew-. kes our $30.00 Machine for of $27.00, our $25.00 Domes ly best price in United States. choice goods in all of our depart re making so'rne inviting p>rices - truly, y Bros.. d 10 Reasons. n steady.j st promptly. per cent. mputed senri-annually. rel known. ease customers. into our confidence. e men; women and children. oans, preferring the small. and, accommodating. It Pro.speritU, rity, 3. C. s't. Dr. J. S. Wheeler, V. Pres. J. A. Counts, Asst. Cashr.