Historical Newspapers of South Carolina

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COMMISSION ENJOINED. State Dispensary Funds Tied Up by Judge Pritchard?A Poculiar Mix-Up in Claim. Columbia State, 1st. Yesterday an injunction issued by United States Circuit Judge J. C. Pritchard was .served by telegraph upon Iiic dispensary commission restraining them I'L'om paying out any of the funds of the state dispensary or Iuruing same over to the state treasurer. The injunction is temporary and (lie commission is ordered to show cause before Judge Pritchard in Asheville on dan. 11 why the same should not be continued until a final hearing is had on the complaint' filed in the case. I he restraining order was issued in Asheville on Monday, filed in the office ol Iiie clerk of the United States circuit court in Charleston yesterday and l>y him transmit led to lb.? commission in Columbia by wire. It is made on complaint of Messrs. T. M. Mordecai, Prank Carter and II. C. Chodester, altorneys for the Wilson Distilling company, whose claim against the stale dispensary amounts to about $.'{,()(><>. I'ne serving o\f this injunction, while being treated very lightly bv the eo in mission, came as a surprise lor I In* reason that a commit l"e w.'is belori* 11m commission at I lie time wit n power < I" attorney in their possession from tiie Wilson I)ist illing company, aidliorizing tlieni' to adjust their claim with III.1 commission. I Ills committee consists ol Messrs. Cico. M. Leslt'c of New York, S. M. Kabbett of l.onisivlle, Ky.. and \V. I1'. I lull ol I'eoria, III. They represl"l in the iifighhorhnd of $.">()(),()(((? of claims against lh,> stale dispensary. I heir power of attorney from the Wilson I list i I ling company was da I ed Dee. L'ti, jns| live days ago, yesterday, and was signed by Mr. I 11 mail, vice president. ' 11 is appear- |o be a very unusual mix-up and Hie committee mentione,d ahov<? eonld give no explanation ot the Wilson Distilling company's act ion. H<>.i. W. t1. S|evenson, special attorney lor the dispensary commix-1 sion, is not worried on account of (lie injunction secured by Mr. Mordecai and ais associates, lie is busy just now preparing the report of the commission to be submitted to the governor. The Order of the Court. I he order ol the court is as fidlows : "in the circuit court of tin- Cnited Stales for lire district- of South Carolina. In equity. 'Wilson Distilling company, coniplaina.it. vs. W\ d. Murra.\." John McSwcmi. 15. |?\ Arthur, C. K. Henderson and A very Pal Ion. defendant* Order; "I'pon healing read the verified bill ol ci niplai.nl herein, praying for an injunction rest raining the defendants, \\ . ,1. Murray, John Me.Swe.Mi, P. I'. Arthur. ('. K. Henderson and A very Pal Ion, their successors, agents and attorneys, from paying over or disposing of the funds in their hands as commissioners I'cr the purpose of winding up ih<> affairs of the stale dispensary of the Slate of South Carolina |o any creditor or to the public treasurer of said state until the proper amount due each creditor shall have lirst been duly ascertained and determined, as the court may direct, until the linal hearing herein, and it appearing therefrom that the said defendants may proceed to pay ont and pay over said funds, to the irreparable damage of J he complainant, ru'ess restrained therefrom: "Now, in consideraiion thereof, an I upon motion of T. M. Mordecai, I'mnk Carter and 11. ('. Chedesler, solicitors for the complainant, it is oi.ieied that said defendants, their successors, agents ami alii rueys, and each and every one of Miein be, and they j. re herohy, re? trained from paying over or disposing of the funds in their hands as aforesaid to any creditor >r to the public S'.asurcr of said state until the proper amount due each creditor -hail have fiisl be, *i ascertained and determined, ..t* tli* .'r..t may direc',, until the "And it is further ordered that said defendants be, and they are hereby required to show cause, if any they have, before me, on the 11th day of January, 1008, nt the United States court house in Asheville, in the State of North Carolina, at 10 o'clock in the forenoon why the said defendant their successors, agents and attorneys, and each and every one of them should not be so restrained until tho final hearing herein. "And it is further ordered that a eopy of tbis order and of the bill of co?ip!.".'nt herein ho served upon said defendants. "And it is further o dcred that the complainant above- named do execute a bond in the penal . >11111 o f-V! U conditioned for tho paynien l<> I he defendants of all damages am rusts lhey or either of them may sus lain by reason of this order, shoul the same hereafter be adjudged t( have been invprovidently made, as t< all or any of them; that said bom shall be duly approved by either o the circuit judges of this circuit o" by any of the district judges of (In district of South Carolina, or by tin clerk of this court at Asheville, N C. "And it is further ordered tha any defendant hereto have leave U move before me at any time befor. (he hearing herein ordered, upon fiv< days' notice to the solicitors for tlx complainant, to vacate this order 01 any part thereof as to such defend ant. "Done at Asheville, N. C., at chain hers, this HO. day of December, 1007 "J. C. Prilchard, "U. S. Circuit Judge.", CASH-SHANNON DUEL. Something More in Regard to the Last Duel Fought in South Carolina. Ifecently tho Daily Mail publisher an article written by the city ediloi 011 tile last Smith Carolina duel. Thiarticle has been reproduced in inan\ ot 1 lie state papers, among them bei' 1 '-i" the Norkvillc Kuquirer. Mr. \V S. (ior.loii of Yorkville read the article an.I then wrote tho followi i? version, which was published in tin Kuquirer: Kditor \ orkville Knquircr: I hav< carefuily read l lie article in the last i^siie (if your paper entitled "Last South Carolina Duel." ere lited to J II. Oodfrey. This article is about equally divided between fae". and fiction The writer has read the "CashShannon Duel." published by K. M ( ( ash himsell. Later lie made a thorough canvass of Chesterfield '""iily iu ISS talkc I with tho people and got the consensus of opinion ?T the duei in (piestioii. lie also v ?i;? 11 ( id. ( ash at his beautiful, stately home at Cash's depot, wlieiv I'e was made the recipient of every vourtcsy. it was the boast that :ic man ever visited his homw without having a good time. Col. ('ash was a man to make a lasting impression. A man of striking personality, fall, broad, straight and and finely proportioned. His reputation as T go| if from friends, neighbors, and people of this country, was 1 hat he was a true, noble friend or a hitler and merciless enemy?a man of undoubted courage, who fear.vl neither man nor devii. Col. Cash was eolo:ie| of the Eighth South Carolina regiment which, T was told, he equipped at his own expense. As to his financial ability. In I SSI his plant a?l ion was valued at *<i.">,<M)0. ( ol. ( ash did not challenge C'oi. Shannon, Col. Shannon was the challenging party. It was claimed, however. iliat ( ol. Cash, who was a niastei 0! sarcasm and invcclive, goaded t ol. Shannon into sending him a challenge. That part of the story descriptive ot the actual duel, is in part, erroneous. I visited the dueling ground, near Lamar, in an ol 1 Held near Duhose's bridge in Darlington county, in company with a native who was an eye-witness of the unfortunate affair. He pointed out the slakes, which were yet standing, a id described the relative positions of the parties in detail. The bullet from Col. Shannon's pistol did not strike the mud and spatter the mud in ( ol. Cash's face because there was no mud there even after tho subsidence of the flood-?nothing but sand. sand. This is only a minor error, however. According to Coi. Cash the bullet from Col. Shannon's pistol struck the ground at his (Cash's) feet and threw the sand in his face, which produced a stinging sensation and lie thought for a moment that he was st ruck. According to the code duello the men were to fire simultaneously. Tt is true that ?ol, Shannon fired first, alter which Co! Cash deliberately shot him down. The trial of Col. Cash for the killing of Col. Shannon at. Darlingto:i court house, South Carolina, was ti most sensational 011c and wa's watched with peculiar interest throughou! the state. Col. Cash was defends by the venerable Col. Spawn. Hit speech was a masterpiece. Goin<: back to the earliest times, I10 reveiw ed the history of dueling and arguec eloquently that it was right and pro per for gentlemen to adjust theii differences by the code duello anr that never had a duellist been punish ed especially the challenged party. The anti-duelling law was the di rcct outgrowth of the Cash-Shan 11011 duel. Col. Shannon was an ccedingly popular man and hk< % .1 ?i?Wmtsrnmammm 11 ' ifix f fortunate end was the occasion for t tlie newspaper writers, to jump on 1 Col. Cash with ooth feut. However, those who read the "Cash-Shannon 1 Duel," written by Col. Cash himself ? | will admit that they found a l'oeman J worthy of their steel. 1 As for Bogan Cash, his friends 1- told me that lie was the most maguii' Kieent specimen of physical manhood, ' they had ever seen. Over six feel tali, '' weighing *2:i() pounds, and of military hearing, he was a veritable Apollo. He was warmhearted,and generous to t his friends, cruel and relentless to > his enemies. J ,,|u> history of his death, as told 2 me by liis neighbors was abo,ut as ' follows, as near as memory serves 1 me after 27 years. One Richards w is chief of police in Cheraw. IIo was something of a petty tyrant and a - buily. He had been tantalized by . those who didn't like him for not arresting Bogan Cash. On one occasion Bogan Cash visited Cheraw. For some cause or pretext, Richards attempted to arrest Cash. A fight ensued. Cash was badly beaten by i the policeman; but the officer got do- ; cidedly the worst of it. Some time later <>n Cash went again to Cheraw. Again he got into i 1 'rouble with Richards and shot and;! killed him. At the same time lie ac' cid.-utally killed a man by the name jot ( o\\aiii. ( ash expressed much I';1- 1 grot at the lcii 1 ing of Coward. CasJi ! i iiume lialely rode away to his fnth- I; er s home, six miles from Cheraw and j > disappeared. As usual in such cases everybody ! knew where lie was and yet no one km-w. lie was located everywhere l'rom South Carolina to South ' America, s Governor Ifugh. S. Thompson in- ' si ruele.d State Constable Richburg to take a picked body of men and go to ^ the home of Col. Cash and arrest Bo- s gnn. They proceeded to Cash's depot and made a search for Bognu, but witiioul success. They then arrested ' ( <d. ( ash as accessory to the killing ' of Richards. 1* inallx Bogan ( ash was located ' <i id betra\ed by one Douglass, and a ^ headed bv K. T. King (Zekc) ! t ?nVtevwnrtVp sheriff of Chesterfield 1 county?proceeded by night, to the plantation of Bogan Cash on the Pee l)ee river about twelve miles 'i south of Cheraw and surcpumbd ' both house and barn. Receiving intimation of trouble J Cash came out <>f (lie barn heavily ' armed. There were two stories as to ' what followed. Members of (he 1 posse say that when Cash appeared ^ they came out from their places of 1 concealment and called upon him to , surrender and he raised his gun and 1 j fired point blank at them, and that 1 I while he was a fine tfhot no one was ' j killed. As Cash would not -surren- t I der they shot and killed him and in ' I support ol this claim i( may be men- N tinned thai ne was pierced by only ' twenty bullets. ' flic other version is only that of some negroes. They say that when ( ash appeared the posse fired at him from ail sides?flint Cash never fired his gun?that his gun was never fired at all. W. S. Gordon. Yorkville, S. C., Dec. 10, 1007. ^ This Concerns Health. Answer these questions: Do you have sick headaches ani ^ nausea? >1 Do you have bad breath and a coaled tongue? Are your bowels irregular?either ^ greatly constipated or very loose? Ts your 3kin sallow, and do yon ' have a bitter taste in your mouth 1 on waking up? s Do you sometimes have a pain in 1 your right side, and are you fre- ^ quently dizzy? i Are you inclined to be melancholy ( or despondent? ' r ^ on know whether you have these 1 symptoms or not, but if you do you 1 probably don't know what's the mat- f tor with you. Tt would take a physician to tell you if you happened not 1 to read this, but since you are read- 1 | ing it, let us tell you and save a ; doctor's bill. You havo catarrh of I < the liver and need a remedy at once. Lei us save you another doctor's hill <i and recommend a course of Andes' I Croat Prescription. Tt costs but $1 ! 1 a bottle and six bottles are guaran- i 1 teed to cure the most, stubborn ease over known. Six bottles cost' only ' $5. Maybe three bottles will do the i I work. They will cost only $2.50. ' Even one bottle will convince you aff tor only a few doses that you are on the right track, and maybe, if your I ailment is slight, one bottle will make - a cure. : Win. E. Pelham and Son have sold I thousands of bottles without a single complaint. Hadn't you better be- | gin on a cure of your troubles today? The Abbe Gorret, who climbed ev- (< -1 cry important peak in the Swiss and / - Italian Alps, is dead at 79. ' . AUDITORS NOTICE. Assessment of Personal Property For 1908. I, or an authorized agent, will be at the following named places for the purpose of taking retur n of porsonal property for 1908: At Newberry Jan. 1st to 19. At Chappells Jan. 20. At Longshore Jan. 21. At Walton Jan. 22. At Glymphville Jan 23. At Maybinton Jan ?1 At W'.i'inire Jan. 25. At Pom.t?'?n Jan. 27. At Little Mountain Jan. 28. At 0 Nealls Jan. 29. At. St. Lukes Jan. 30. At Jolly Street Jan. 31. At Prosperity FcFby. 3 and 4. And at Newberry until February 20th, after which time the 50 per cent < penalty will be added according to law. The law requires a la.\ on ail notes, mortgages and moneys ajpo an income tax on gross incomes of $2500.00 and upwards. A "capitation tax of 50 cents is assessed on all dogs, the proceeds to be expended for school purposes. Taxpayers or their agents should be careful to assess all dogs and avoid having same listed by the school trustees and township assessors. All male persons between the age r?f 21 and 00 years (except Confed- < [ rale soldiers, or (hose persons un- | able to earn a support from any cause), are liable to poll tax. No return will be accepted unless ^ 'Worn to by taxpayer or some person ' uilhorized to make same. ( Persons ehamrinsr residence from me township to another should so 5tate to assessor and avoid having ' heir names entered in two townships. 4 farmers and others in making returns ( for their hands should pay special iltention to this. Real estate is not assessed this ^ rear, but be careful to not on tax reurn each transfer of land or - lots (bought, or sold) since last return. While on the rounds throughout the 'ou'.itv the books of assessment will >e opened each morning at 10 o'clock uid closed at 4. The office at Newrerry will be open as usual each day. W. W. Cromer, Auditor Newberry County. I TO DRAW JURY. ] Notice is hereby given that we, the , mdersigncd jury commissioners for ^ dewberry County, S. C., will at 9 )'clock a. in., January 9, 1908, in the ^ ilTiee of t'lic Clerk of Court for said bounty and Stale, openly and public- ^ y draw the names of twelve persons vlio shall serve as grand jurors for he year 190S, and that we will at c he same time and place, openly and mblicly, draw tlie names of thirtyiix persons who shall serve at petit ( urors for the Court of General Ses- . ions, which will convene at Newber y Court House, S. C., on January 27, 90S, and continue for one week. J no. L. lOpps, Wm. W. Cromer, 1 Jno. C. Goggans, 1 Jury Commissioners for Newberry 'ounty, S. C. * I 5TATE OF SOUTH CAROLINA, l COUNTY OF NEWBERRY. * . Tn Common Picas. * ,LalIa Ernestine Lominick, J. W. t iominick and George Ilallman Sligh, j Plaintiffs, aaginst .Roberta Lominick and Ola May j?Iigh, Defendants. 4 . * By virtue of an order of court c lerein I will sell before the court ix>use door at Newberry, S. C., on alesday, the 6th day of January, .908, to the highest bidder, all that ract of land lying and being situate n Newberry county, State of South Carolina, containing ninety-six (9G) * icres, more or less, and bounded by ands of W. F. Ruff, Mrs. Sue May- I >in, the estate or Jno. F. Banks md R. C. Sligh. Terms of sale: One-third of the mrchase money U> be paid in cash r.ul the balance in one and two years in equal annual installments, [ lie, credit portion to be secured by the bond of the purchaser and a nortgage of the premises soid,' and to bear interest from the date of sale at t he rate of eight per cent per milium. Purchaser to pay for papers and recording same; with leave to the purchaser to anticipate the sredit portion in whole or in part. H. II. Rikard, Master. Dec. 10, .1907. SALE OF BANK STOCK. T will sell at public auction before the court" house at Newborry, S. C., to the highest bidder for cosh on the first Monday in ,/anuary, 1908, five sharos of the Nowberry National Bank Stock, belonging to the estate of Miss Laura Dreher. W. H. Droher, Administrater. ' I - asro. The People's I Prosperit Paid Up Capital Surplus and Individual I Stockholders' Liabilities For prolection of depos H. C. Moseley President. rv W. W. Wheeler, Cashier. G Better a conservative interes return when wanted, than a high about the principal. A National Bank is a safe Dep makes it so Likewise our Boai of prudent conservative manager DIRECT! G. W. Bowers. J. A. C. Kibler. R. L. Luther, M. A. Carlisle. J. H. Hunter. J. P. B We allow 4 per cent, par Department, interest pj The First Cough Even though not .severe, has a t tive membranes of the throat Coughs then come easy all win! slightest cold. Cure the first c< set up an uiflamation in the de)i< lungs.. The best remedy is SYRUP. It at once gets right moves the cause. It is frte froi a child as for an adult. 25 cent MAYES' DRI Mosele^ Our 36th car of that Choic irrived, making 4,005 bbls., Rest Patent Best Half Patent Every Barrel Choice Meal Choice Grits We are maKing some cut price ind as a special inducement will IO Cents on )n following goods, goods all mai ion or misleading. This is to la 1908, and to be carried out to th All Ladies' Hats, Feather [Dress Goods, Flannels, all M Youths' and Boys' Clothing Blankets, Men's Pants Good Misses' Shoes, Trunks, Valij -adies' and Misses Jackets, I ng Machines. This makes he extremely low price of $ :ic for $22.50 and is certainly We have an abundance of cho nents, and to reduce them are ill along the line. Yours tri Moselej ?n mnrminii aimimiMmn 5 Years and Our growth has been st< We have paid interest p Our interest is Four per We pay interest compu | Our Directors are well 1 Our efforts are to please We take the public into Our patrons embrace me I We make few large loans We are progressive and The Bank of Prosperity Dr. Geo. Y. Hunter, Pres't. I J. F. Browne, Cashier. National Bank :y, S. C. - $25,000 oo Profits $6,000 00 i . $25,000 00 ifors. !. A. Carlisle, Vice-President reo. Johnstone, Attorney. it on your deposit with its safe rate and a feeling of doubt osit. Government supervision 1 rd of Directors is a guarantee ] nent. g T>RS: ? I W. P. Pugh. 1 Jno. B. F ellers. W. A. Moseley. Geo. Johnstone. H. C. Moseley. owers. annum ;n our Savings ayable semi-annually" of the Season, ; endency to irritate the sensi- ^ and delicate bronchial tubes. ^ ter, every time you take the w nigh before it has a chance to ^ rate capillary air tubes of the A QUICK RELIEF COUGH J at the seat of trouble and re- ^ j in Morphine and is as safe tor ? ll s at ^ UG STORE. j y Bros. e Tennessee Flour has just and while it lasts goes for $5.50 bbl. $5.25 " * Guaranteed. 90c. bu. - $1.85 sack. is to suit the "Panicky" times, . make a clean cut of i the Dollar ; 'ked in plain figures, no decepst until 1st day of January, k1 le letter, and includes p. s and Velvets, all Woo l?j en's Hats and Caps, Men's, l|f , Rugs and Art Squares, Jra ls,jLadies', Children's and ses, Satchels, Telescopes, ^ap Robes, Domestic Sew- v ^ our $30.00 Machine for 127.00, our $25.00 Domesbest price in United States. : ice goods in all of our departmaking some inviting prices Lily, i ' Bros. =TI J 10 Reasons. wj romptly. -TO cent. j ted semi-annually. ? <nown. I 5 customers. 1 our confidence. ' n, women and children. '? preferring the small. t j accommodating. | Prosperity, 4 /, 3. C. I >. J. S. Wheeler, V. Pres. ' 1 J. A. Counts, Asst. Cashr. ^ M