The herald and news. (Newberry S.C.) 1903-1937, January 14, 1908, Image 1
VOL XLV NO, W
HEAVY YEAR'S WORK
IN EIGHIII CIRCLII
TY-ONE MURDER TRIALS Dr
FIVB COUNTIBS.
La.urens Furnished Thirty-Detailei
Statement of Newberry Cases
Disposed Of.
Laurens, Jan. 13.-In the Eight]
Judicial Cincuit, comprising the coun
ties of Abbeville, Newberry, Saluda
Greenwood, and Laurens, there war
sixty-one murder trials during th
year 1907.
Laurens -led the list with hirty
lacking only one of furnishing a
many homicide eases as the aggregat
in the other four counties. Newber
ry and Saluda were next, with te]
each. Abbeville had seven an
Greenwood four.
Of these cases 56 were disposed of
and there are six mistrials pen-ding
There was one death sentence, nim
were convicted of murder with a rec
-ommendation to mercy and sentene
ed to the penitentiary for life, 1
were convicted of manslaughter an,
27 were acquitted. In th-e case ii
which the death sentence was pass
ed the defendant, a negro, paid th
penalty in Graenwood in April.
In Abbeville two were convicted o
manslaughter, and five were aequit
ted.
In Greenwood one Was convicted o
murder and sentenced to death; on
was convicted of manslaughter; on
was acquitted, and there was one mis
tria'l.
In 'Laurens six were convicted o
murder with recommendation to mere
which means life imprisonm' -; ses
en were convicted of mar... aghter
14 were acquitted, and there wer
there mistrials.
In Newberry- one was convicted o
murder with recommendation t
mercy; four were convicted of man
slaught?r. and five were acquitted.
In Saluda two were convicted o
murder with recommend'atioa t
"mercy; four were convicted of man
slaughter; two were acquitted, an<
there were two mistrials.
The figurds are taken from Solici
tor Cooper's annual report to t?he af
torney genersal. Solicitor Cooper'
record for the year 1907, as show
by the figures, is exceellent, and on
in which he may take pardonabl
pride. At every term of court in eae]
Newberr;
Arson ...... ..... ......-....
Assault .and battery wit~h intent ti
kill, aggravated assault, ~etc. .
Bastardy ..... ...... .... ....
Breach of Trust .... .... .... ...
Concealed Weapons .... .... ....
Disposing of Property Under Lien.
Entering House With Intent to Stea
Forgery ...... ...... ...... ..
High'way Robbery ...... ... ....
Lareeney of Bicylee.... .... ....
Lareeney....... ...... ..... ..
Lareeney of Live Stocl ... .......
Lareency From Field ... .. .....
Manslaughter .... .... .... ....
Muirder .... ...... ...... .... .
Privity .Stealing From Person ..
Shooting Into Train ..... .......
Rape .... .... .... .........
Reciving~ Stolen Goods .... .... .
Resisting Offiers .... .... .... ..
Violation Dispensary Law ... ... .
Don't Forget to Assess.
Now is the time to assess your pro
perty for 1908. Read Auditor Crom
of these counti< he has been con
fronted with heavy dockets. and it
has taken lal,or and abiy and fore
sight to keep the work in hand. One
who imagines the position of solicitor
[ of the Eighth Circuit is an easy
berth, is very much mistaken. In none
of the circuits in the state is the
i work light, and the Eighth is one of
the heaviest.
During the year 1907 solicitor
Cooper disposed of 29S cases. In 237
1 of these trials were had or pleas en
- tered. and 61 were discontinued or
otherwise disposed of. There were
169 convic.tions and 6S acquittals.
The bare figures convey but little
idea of the immense amount of work
which they represent. but the record
speaks for itself. In its making en
e ergy and good management and abil
- ity of a high order have been dis
1 played by Solicitor Cooper.
As showing the amount of work
done in the Eighth Circuit during the
year 1907 the figures for the Fifth
Circuit. which includes the county of
Richand, might be used in compari
son. In .the Fifth Circuit 284 eases
were dsposed of, of which number 211
were tried. Of these trials 32 were
for murder as against 61 in the
- Eighth Circuit. The Fifth Circuit
comprises the counties of ' Richland,
Edgefield Lexington, and Kershaw.
f Laurens has furnished by far the
- heaviest criminal dockets in the
Eighth circuit. Judge Gage, who is
f presiding at the court in session here
a now, gave some interesting statistics
e in his charge to the grand jury on
- last Monday. In 1898, he. said, ac
cording to the record furnished him
by the clerk of court, 17 ,true bills
were found for murder in Laurens
ycounty; 5 in 1S99; 12 in 1900: 14 in
.1901; S in 1902; 11 in 1903; 5 in
1904, 12 in 1905; 15 in 1906, and 22
in 1907. There were almost two homi
f cides to the month in Laurens county
during the year 1907, he said and the
- aggregate number of true bills for
murder in ten years was 122. . Of
that number 18 were convieted of
murder, 51, of manslaughter, and 42
- were found not guilty. Of those
against whom true bills had been
found in ten years 55 per cent were
convicted and 45 per cent. were ae
I quitted.
sFollowing is the tabulated record
of the cases in Newvberry during the
year 1907, showing the cases dispos
ed of. their disposition, and the
p 1ealties:
County.
5 2 17 10 07
31
1 1 88
1
11 1
11
11 1
11
2
6 6
1 19 13 46 27 17 1 1
J. K.A.
thim at the nearest place to you if it
s inconvenient to come to N'ewberry.
The time expires on the 200Ln of Feb
-ruary. After that date the law re
3ITTING AT THE SOUTH.
New York Congressman Offers Bill
to Reduce Representation
- Here.
Washington. D. C.. January 10.
Knockers are already at work trying
to reduce the representation of the
Su ther:l states in congress_for th":
alleged reason that the negroes in the i
south are disfranchised and not giv- )
en the right to vote. Heretofore ef- I
forts along this line have been foster
ed by Gen. Keifer, of Ohio, but this
vea; a new bill has been introduced
b.y Representative Bennett, of New
Y(rk.
If this bill passes it will affect the
Southern states as follows:
Alabama from n'ine representatives
to five.
Arkansas from seven representa
tives to five.
Florida from three representatives
to two.
Georgia from eleven representa
tives to six.
Louisiana from seven representa
tives to four.
- Mississippi from eight representa
tives to three.
North Ca.rolina from ten represen
tatives to seven.
South Carolina from seven repres
entatives to three.
Tennessee from ten representatives
to eight.
Texas from sixteen representatives
to thirteen.
Virginia from ten representatives
to seven.
It will readily be seen that should
this bill -pass it would require an
entirely redistricting of all the South
era states, as it would be impossible
for the smaller number of representa
tives to be chosen as the districts are
at pres-at divided. Another thing
about this bi-ll is that by breaking up
the present congressional districts it
would encourage the negroes of the
south to come .forward ahd vote, and
manly contests would have to be
settled.
Mr. Bennett has always been look
ed upon as opposed to immigration
of any kind to the south, or anything
that would tend to its upb-uilding or
commercial prosperity.
P. H. MeG.
TTT.TM/J WON FOR CAPERS.
Persvaded the Senate to Confirm
the Nomination of the Caro-.
. linian.
Washington, Janu. 10.-Confirma
tion hg the senate late yesterday af
terhoon of John G. Capers' nomina
tion to be .commissioner of internal
revenue, was brought about through
the good work of Senator Tillman,
who suc.ceeded in smoking out Re
publican se' tors who were: desirous
of finding out Capers' attitude on the
preidential question.
Tillman worked openly for Capers
and was gratified at the confirmation
of the Carolinian.
Oapers was a recess appointee of
Roosevelt's. Pearl C. Wight, of
Louisiana, was given the post, but
has twice postponed taking charge
of the office. It is believ'ed that 'Cap
ers will remain in officee, and that
Wight doesn'.t intend to assume con
trol. If Wight does come for the of
fce it is understood that Capers will
make room.
Mimnaugh's Great Ten Day Sale.
Saturday morning. January 18, at
9 o'clock, the great sale at Mim
nauh 's big store will bagin. This
sale is to continue for the period of
ten days. Mimnaugh says the only
way to down him is to kill him. He
expets to prove the truth of this
statement at this sale. Dry goods of
all kinds and descriptions, in fact
ev.erything in this wonderful store,
are to be sold at prices never before
hoard of in the town of Newberry.
Mimnauzh has a 'fine stock; no store
in the Carolinas can beat it. If you
want anything to wear, or to make
yourself look a little better than you,
do, go to Mimnaugh 's Saturday
morning. Mimnaugh says he isn 't
:ard up for money. that Ihe doesn't
owe a cent in the world, but that he
must get rid of his surplus stock. His
greatest reason for this sale is that
he would rather have the money than
the o.oods.
IN SUPREME 'COURT.
,ases of Interest to Newberrians t
be Heard This Week.
Beginnin," today the state suprem
'rt will take t:tp the appeals fror
he Fighth Circuit ermposed of th
'untics of Newberry. Laurens. Salt
1. GrCn:cod ".1d Ahheviile. J
iummber of eases in whie,h Newberr
)eople have an interest are to b
ieard.
'The eases on the docket from fni
ounty are:
The State, Respondent, vs. Fre
eeder, Defendant, Appellant. Reac
r was convieted here in June c
nanslaughter. being charged with th
nurder of Charlie Coleman, anothE
legro. Special Judge Grier sznten<
?d him to twenty years imprisonmer
"n the penitentiary. The appeal i
.rom sentence. Solicitor Cooper, ai
.er Reeder's conviction, offered aJ
klavits which tended to aggravat
the defendant's cnime. His attol
2eys objected and the objection wa
)ver-ruled.
In three other criminal eases th
>ame point is raised in the appeal!
En each. of these the defendants' a1
orneys moved to quash the indic
nents because Magistrate Counts wa
i member of the grand jury returz
ng them, it being claimed that a ma
strate was ineligible as a member c
he grand jury. Judge Grier refus
dd to grant the motion. The pe:
;ons convicted, and whose appealin(
re John Graham. for violation of th
i.pensary law; Tom Todd, violatio
yf the dispensary la, ; 3arry Lyle
mnd Henry DawlkinA. for assault an
)attery of a high and aggravated ni
;ure.
In the above case Messrs. Blease
Dominick represent the defendant
while Solitcitor Cooper will appea
for the state. .
Another ,cas'e from this cou-ty i
;hat of W. B. Harmon vs. Jno. I
ook. At the June term of the Con
non Pleas Court, Harmon obtained
rerdict for $700.00 against Cook b<
mause of Cook's forcible ejection c
Earmon from certain disputed land
Tudge Purdy refused to grant a ne
trial, and Cook appealed to the si
prame court. Messrs. tSchumpert
olloway, and Hunt, Hunt & Hut
ter represent Cook; Messrs. Joh:
stone & Cromer are attorneys fc
Elarmon.
While not a Newberry case, becaus
of local attorneys being employed
the appeal of G. Wash Hunter, chart
ed with murder in Laurens county,
f interest hrere. l.n this ease thei
bave been one convietion, with a ne
rial granted, and two mistrials. Uj
>n Solicitor Cooper's motion the cas
was transferred from Laurens I
Ireenwood county by Judge Gar:
Funter is now appeaTing from thi
hange of venue. Col. 0. L. Schun
pert and Senator Cole. L. Bleaa
epresent Hunter.
From Saluda county the case c
illiam 'L. Henderson and Alfre
Free will be heard. These men wei
hared with the murder of Me
!forse, and after two mitstrials wer
ad, they were convicted of max
laughter. Hendersoni's sentence wa
yelve years, and Free's was te
ears. An\ effort was made a fe'
lays ago to have the supreme cout
o remand the case to,the circuit cour
or the purpose of permitting a mc
;ion for a new trial, on the ground o
ifter discovered evidence, to be mad:
['his motion was refused, a-nd th
ase will now be heard on the es
~eptions from the verdict of conlvic
The case against Lewis Burton, El
nore Mayes and Lawson Johnsor
who were conivicted at the Novembe
erm of arson, and that of Mrs. Anni
. Oxner vs. the Westerii Union Teli
~rapi Company, will not be heard a
:he present sitting of the supreu
~ourt. Tihe record in these case
ras not completed in time for ther
o be heard at the present term. s
:hey will go over until the cour
neets in April.
The crowd of negroes caughtb
~agistrate B.lease h;ist week gamblin
rere ,fined by him Tuesday, the sr
f $1S5 was received from the gans
LEGISLATURE OPNS TODAY.
D Some of the Important Measures
S-.te Prottb'.n c r'
a Spe-ial to Heral. r: I News
a '' I,1.,: .. Jar. 13.-Wit , i. .,
e 1sembling of the legislature on Tues
day comes the talk of polities and of
U politicians. When this general assem
y bly met for -the first time, last year,
e it 'as with tha expeetation and the
purpose of albolishing the state dis
s pensary, to whien purpose a majolty
of its members with the governor
were pledged, and the session was
devoted largely to that end. Now the
f dispensary is out of the way and the
legislators can give their attention to
e other matters. True, an effort will be
r made to enact a state prohibition
law and the liquor issue will again
t come up for a considerable discus
sion and a parliamentary fight, but
it will not be the absorbing issue. The
indications are that the prohibition
e bill will fail and that it will be an
issue in the eection of the next gen
S era assembly. Gov. Ansel will sug
gest certain amendments to the pres
a ent law, which will doubtless be en
- acted.
The governor has said he will raec
ommend an increase in the tax levy
,s of two mills for the purpose of get
t- ting the state on a cash 'basis; he
- will also recommend increase in the
If salaries of the governor and other
officials, the erection of a governor's
mansion, and a supreme -court build
5 ing, all of which m atters will be
e threashed out in the two houses.
a The governor will also transmit
s during thre session the proposition of
da President Finley of the Southern as
to redu'ction of passenger rates~ in
this state and the Coast Line will
k likely join in this plan. Some legis
, lation to carry ths reduetion into ef -
,r feet and to. secure uniformity -will be
necessary. There are already on the
s calendar a number of hills seeking, to
regulate the railroads and others still
- wil be introduced.
a This general assembly is in sym
pathy with the forward movement in
f edacation and is disposed to deal Ii
;. berally with the state cojleges. 'At the
v last session, the sum of, $50,000 was
L voted to start a system of high
schoobs and this -money has aecom
- plished good results, although not all
.. of it has been e:xpended. The work
r will doubtless be continued. There
tare severail compis~ory education
e b ills pending, one of whieh may be
passed, as the sen'timent in the ge2
er'al assembly has~ been 'tending in
sthat direetion the last few years. 'The
~sur'plus from the state dispensary,
.amouinting to not less. than $250,000,
.perhaps more, may be used for the
e sehools in some form.
oThe bidl to establish 'an insurance
. department, with a commissioner, will
s be pressed 'at this session, having the
- bagki:1 of the insurance agents asso
e ciation..- Comptroller General ~Jones
has asked for laws governing domes
fItic companies operating under S,outh
d Carolina charters.
e Thes e i.s onayca e irpc'rtant e -
.t tion place at thia sessio- --that of -in
e aociute justice "'4 the supreme co,
a o nend Hon. Eugne I;. Gary, w -
s is a e andidate for realee' on and wi ->
n will be opposed by Hon. Thomas P.
y Ctbran, m,ember of the house from
t Greenville and one of the authors of
V thie Car'ey-.~..thira:- iaw.
This being the second session of
f .this general assembliy, -little or no
-time will be taken up with the work
of organization and each house can
-get down to business without delay
if it will.
From present indications, the ef
fort to repeal the lien law is apt to
4 succeed this time. 'The fight has been
rimade for years and 'last year the
Shouse passed a repeal bill, which was
-killed in the senate by 'a few votes.
There is reason to believe that the
conditions in thre senate have some
swhat changed and that the repeal bill
a will pass that body. Akin to .this is
the legislation in regard to the farm
la'hor contract law. whic~h has been
declared un-constitutional by the fed
eralI court and which will t-e passed
on by ,the state eourt -en bane this
week. I the state court also holds
the law null and void, some substi
a tute law will be deemed necessary.
.Despite the soealled hard times,
the stete is in exceilemt condition
and the people 'are not divided on
any factional issue, so that this ses
sion of the general assembly might
well be devoted to measures for tre
upbuilding and progress of the state
and the good of her people. It is
campaign year however and there
will creep into the minds of the leg
islators some thought of the speeches
to be made on the stump nezt year.
For state offees, the ineurnbents,
with few exceptions will stand for
reelection however and the only big
fight will be for the United States
senate.
Hoyt.
Needs the Money.
For the last several days there has
been a rumor on the streets that one
of our merchants was in trouble.
The merchant was E. L. Bailes. A
representative of this paper called at
Mr. -Bailes place of business and be
ing interviewed Mr. Bailes said: "I
know full well there has been a great
deal of gossip about me for several
days. They have gone so far as to
spread the report I was going to quit
business in Newberry. I will give
you the facts of the case. I have been.
in N-ewberry. one year and a half..
Since coming here I have been com
pelled to move three times. In other
words I have been simply playing
eheekers. They would tell me it was;
my move and as they were king, ou
I would have to go. I have lost con
siderable of my trade by moving so
mueh: I bought an imaense stoek
of goods for this season expeeting a;
big business. In this I was mistaken
and I am frank to say that I am in
need >f money to pay my creditors.
I am not ashamed of it. There are
thousands of merchants in my pre
dicament. I owe $10,000 and must
have 4ihe. moe. isi inn
iranut shell andIwil iget i
have engaged H. L. Gilmore- & Co-r.'
of N. Y. City and turned over my
stock to them for the purpose of ri
ing this money. I know I must make -
a big los and sacrifice my stock but
there is notbinz left for me to do but.
turn my merchandise into cash and
the necessity of. the case. makes'
impenative. I do so at o:ee."
Mr. Gilmcre of Gilmore & Co., be-' 's
ing seen said: "I don't know any-.
thing about Mr. Bailes business.: W
were brought here to raise $10,000 <
andc this we will do without delayQ p
We appreciate the enormity of this
gndertaking, especialy these -pani&
times, but we are not uneasy about4
it forl we intend putting prices on the~
stock that will move it rapidly. The.
store will be elosed until Thursday ~
for the purpose of inventory, remrk.
ing and getting the stoek in shape for
the money raising sale which we willk
open Thursday morning and you. may
say to your valuable readers that a.
baraain feast awaits them. The stoc
I think will inventory about $30;000
to $35,000. For any other informatioun
you will have ta sc Mn Dil,es,
SKULL OEUSEED. ' e
Little "Jacek" Mace, the bright 4
yearold son of Dr. and Mrs. J. C.
Mae of MAarion, was brought to tha
Columbia hospital this we,ek to un
dergo an operation for a fracture of
the skull. he having received a very
.evere kick on the forehead by a
home We.dnesday afternoon. The
skull was crushed just above the right
eye and it was found neeessary to ra.
move a section about 2 by 3 indhes.
The 'operation was successfully
performed and the little fellow 3s
getting along astonishingly well. He
has not been unconscious since hre re
eived the wound and yesterday
seemed as bright and cheerful as ev
er he was. His brain does not appear
to be affected in the least by the
blow and if his condition continues
favorable for the next three or four
days the physicians at the hospital
believe he will recover entirely.
Mrs. Maee came up yesterday to
e at the bedside of "Jack" and Dr.
Mce returned to Marion to attend
to some important business but ex
pects to return to Columbia this ev
ening. The injury to the little fal
low was a severe blow to his parents
but the na hopeful of his recovery.