The herald and news. (Newberry S.C.) 1903-1937, January 14, 1908, Image 1
. VOL XLV NO. 4 NEWBERRY. S. O.. TUESDAY. JANUARY 14. 1908. TWICE A WEEK. $1.50 A YEAR
of those counties he lias been con-1
fronted with heavy dockets, ami it
p lias taken lal>or and ability and foresight
to keep the work in hand. One
who imagines the position of solicitor
f of the Eighth Circuit is an easy
berth, is very much mistaken. In none
of the circuits i:i (lie state is the
i work light, and the Kii?*hth i.- one of
the heaviest.
During the year 1 f)07 solicitor
Cooper disposed of 208 eases. In 237
11 of these trials were had or pleas entered,
and 01 were discontinued or
'? otherwise disposed of. There were
e 1 (if) convictions and OS acquittals.
L' The bare figures convey but little
idea of tlie immense amount of work
' which they represent, but the record
' speaks for itsel'f. In its making en0
ergy and pood management and ability
of a high order have been dis'j
played by Solicitor Cooper.
As showing the amount of work
, done in the Highlit Circuit during the
' year 1007 the figures for the Fifth
;'s Circuit', which includes the county of
Richland, might b'e used in comparison.
In (lie Fifth Circuit 284 cases
8 were dsposed of, of which number 211
il were tried. Of these trials 32 were
n for murder as against 01 in the
.. Eighth Circuit". The Fifth Circuit
e comprises the counties of Richland,
, Edgefield Lexington, and Kershaw,
if Laurens lias furnished by far the
[- heaviest criminal dockets in the
Eighth Circuit. Judge Cage, who is
if presiding at the court in session here
e now, gave some interesting statistics
e in his charge to the grand jury on
>- last Monday. In 1808, he said, according
to the record furnished him
if | by the clerk of court, 17 true bills
v were found for murder in Laurens
.'.(county; .*> in 1891); 12 in 1000; 14 in
; I 1001 ; S in 1002; 11 in 1003; fj in
o 11004; 12 in 100f>; 15 in 1000, and 22
j in 1007. There were almost two homi>f
cides to the month in Laurens county
o during the year 1007. he said and the
l- aggregate number of true bills for
murder in ten years was 122. Of
if that number 18 were convicted of
o murder, f>1, of manslaughter, and 42
l- were found not guilty. Of those
d against whom true bills had been
found in ten years on per cent were
j. convicted and 4;"j per cent were ac(_
quilted.
\s Following is the tabulated record
n o! (he cases in Newberry during the
ie vear 1007, showing the cases disposle
ed of, their disposition, and the
h penalties;
y County.
|j- . fU
. CD CL>
<u , CD "3
3 ?> J
r? , Cl ?-<
. ~ .!n t-. o>
S . " ? . r ? O c/2
s 2 ? > ? r ^ J
^ -e ~ a a
i j? i n c o> 4>
G O H? o p
3 2 I
o
5 2 17 10 7
1.
1:
118 8
1.
d 1
1.
.1.
1 \
1 1 1
4
1 1
4 4
1 f> 1 1
1 1
1 I
1
2
(> fi
12 1 2 2
I 10 13 40 27 .17 1 1
-T. K. A.
him at the nearest place to you if it
^ is inconvenient to come to Newberry.
The time expires on the 20th of Fabruary.
AtPter that date lire law rest
quires that a penalty be added.
ff HEAVY YEAR'S WORK
f IN EIGHTH CIRCIM
SIXTY-ONE MURDER TRIALS II
FIVE COUNTIES.
La.urens Furnished Thirty?Detailei
Statement of Newberry Cases
Disposed Of.
Laurens, Jan. 13.?Tn the Kightl
Judicial Circuit, comprising tin; coun
lies oL' AMbeville, Newberry, Saluds
Greenwood, and Laurens, there wer
sixty-one murder trials during- tli
year .1907,
Laurens led the list wit'h thirty
lacking only one of furnishing a
many homicide cases as the aggregat
in the other four counties. Newbei
ry and Saluda were next, with te
each. Abbeville had seven an
Green,wood four.
Of these cases 5(1 were disposed ol
and there arc six mistrials pending
There was one death -sentence, :iin
were convicted of murder with a ret
ommendation to mercy and seuteuc
ed to the penitentiary for life, 1
were, convicted of manslaughter an
27 were acquitted. In the case i
which the death sentence was pas?
od the defendant, a negro, paid tli
penalty in Gre.enwood in April.
In Abbeville two were convicted o
manslaughter, and five were acquM
t'ed.
In Greenwood one was convicted c
murder and sentenced to death; on
was convicted of manslaughter; o:i
was acquitted, and there was one ink
trial
In Laurens six were convicted c
murder with rccommendivtion to mere
which means life imprisonment; se>
e:i were convicted of manslaughtei
14 were acquitted, and there wei
there mistrials.
Tn Wwfherry one was convicted c
murder with recommendation I
mercy; four wc" convicted of mai
slauyhl ?r. .ind hve were acquitted.
In 'Saluda two were convicted c
murder with recommendation t
mercy; four were convicted of mai
slaughter; two were acquitted, an
there were two mistrials.
The figures are taken from Solictor
Cooper's annual report to the a
torney gencra-l. Solicitor Cooper
v record for the year 1007, as show
)p. by the figures, is excellent, and o:
in which lie may take ])iirdonab
}V pride. At every term of court, in eac
Nowberr
1
8 Arson
J$$gj Assault and battery with intent t
Pkill, aggravated assault, etc. .. .
[Bastardy
Breach of Trust
Concealed Weapons
jM. Disposing of Property Under Lien.
Entering House Willi Tntent to Stoj
M Forgery
'^( jr...Hi.i>hway Bobbery
Y^y'^rcency of Bicycle
.?|Larcency
/^MT/arcency of Live Slock
Wffl Larcency From Field
'iM$ Manslaughter
?j|jj Murder
M Privity .Stealing From Person
Shooting Tnlo Train
& Bape
| .Receiving Stolen Good*?
- j Resisting OlTicers ...;"
j?;j Violation Dispensary Law
?
i
Don't Forget to Assess.
(Now is tho time to assess your pre
perty for 1008. Read Auditor Crorr
er'? list of appointments, and mec
I '
I '
f/ " * i
[ HITTING AT THE SOUTH.
j New York Congressman Offers Bill
to Reduce Representation
Here.
Washington, I). .January 10.?
Knockers are already at work Irving
in reduce Ihe representation of the
Southern states in congress for tlrj
alleged reason that the negroes in the
soutii arc disfranchised and not given
the right to vote. Heretofore efforts
along 1 his line have been fostered
by (leu. Keifer, of Ohio, but this
yea.- a new bill has been introduced
by Wepresenlaiive Bennett, of New
Y? rk.
If Ibis bill passes il will affeel the
Soul hern states as follows:
Alabama from nine representatives
in live.
Arkansas from seven representatives
lo five.
Florida from three representatives
tn two.
(leorgia from eleven representatives
to six.
Louisiana from seven representatives
to four.
Mississippi from eight representatives
to three.
North Carolina from ten representatives
to seven.
South Carolina from seven representatives
to three.
Tennessee from ten representatives
lo eight.
Texas from sixteen representatives
to t'hirteen.
Virginia from ten representatives
to seven.
It will readily be seen that should
this bill pass it would require an
entirely redistriding of all the Southern
states, as it would be impossible
for the smaller number of representatives
to be chosen as the districts are
at present divided. Another thing
about this bill is that by breaking up
the piesenl congressional districts it
would encourage the negroes of the
south lo come forward and vote, an.l
many contests would have to be
settled.
Mr. Bennett has always been looked
upon as opposed to immigration
of any kind to the south, or anything
tiiat would tend to its upbuilding or
commercial prosperity.
P. 11. Mc(i.
TILLMAN WON FOR CAPERS.
Persuaded the Senate to Confirm
the Nomination of the Carolinian.
Washington, Janu. 10.?'Confirmation
b# the senate lale yesterday afternoon
of John (5. Capers' nomination
to be conwnissioner of internal
revenue was brought about through
the good work of Senator Tillman,
who succeeded in smoking out liepublican
senators who were desirous
of finding out. Capers' attitude on the
presidential question.
Tillman worked openly for Capers
and was gralilfied at the confirmation
of the Carolinian.
Capers was a recess appointee of
Roosevelt \s. Pearl C. Wight, of
Louisiana, was given the post, but
has twice postponed taking charge
of the olfiec. It is believed that Capens
will remain in office, and that
Wight doesn't intend to assume control.
If Wight does come for the office
il is understood that Capers will
make room.
Mimnaugh's Great Ten Day Sale.
Saturday morning, January IS, at
0 o'clock, tire great sale a I Mimnrntrh's
big slore will Iwgin. This
sale is lo continue for the period of
ten days. Mimnaug'h savs the only
way lo down him is lo kill him. He
expectls |o prove the truth of this
slalemenl at this sale. Dry goods (if
all kinds and descriptions, in fact
everything in this wonderful slore,
arc to he sold at prices never before
heard of in I lie town of Newberry.
I Mimnauuh has a 'fine .-dock; no slore
I in Hie Carolinas can beat it. Tf you
| wan! anything lo wear, or to make
yourself look a little belter Hum you
do, go to Mimnaugh's Saturday
J morning. Mimnaugh savs he isn't
hard up for money, that he doesn't
owe a cent in the world, but. that he
must gel rid of his surplus stock. His
greatest reason for this sale is (hat
he would rather liav? the money than
the goods.
IN SUPREME <C,OURT.
Cases of Interest to Newberriaus to ?
bo Heard This Week.
Beginning' today the slat" supreme S
< ' 11. ( will take up I lie apncals from
the Fight h Circuit ci mposed of I lie s
( ninth'; of Newborn', Laurens. Salu- <1
(I i. Croouweod and Albbeville. A |
n mil lie i* ul' cases in wliic.h Newberry
people have an inteivsl are to he i
liear,l. p
Plie eases on the docket from tiiis I
county are: 1
!'he State, Kespondent, vs. Fred V
Kocder. Defendant, Appellant. Heed- (
or was convicted he? in June of: !
mauslaughter, being charged with the
murder of Phr.rlie Coleman, another '
negro. Special Judge Drier sonfene- J
od liiitn. to twenty years imprisonment
in the penitentiary. The appeal is '
from sent oivce. Solicitor Cooper, af
ter Keeder's conviction, offered af- 1
ffdavits which Iended to aggravate !
the defendant's enime. His atlor- .
nevs objected and the objection was
over-ruled. '
In three other criminal cases the
i same poind. is raised in tin1 appeals. .
Tn each of these the defendants' attorneys
moved to quash the indict- ,
incuts because Magistrate Counts was ,
a member of the grand jury return- |
imr them, i.t being- claimed that a mag- i
[istrate was ineligible ns a member of
jthe yrand jury. Judg-e Crier refus- ,
Jed to grant the motion. The per- ,
sons convicted, and whose appealing', j
are John fJraham. for violation of the (
diispensarv law; Tom Todd, violation
of the dispoaisarv law; Harry levies ,
and Henry Oawkiins, for assault and |
battery of a hip.Ii and aggravated na- ,
lure.
Tn l.he above case Messrs. Blease &
T)ominick represent the defendants,
while Solicitor Cooper will appear
for the state.
Another case from this county is 1
that of \Y. B. Harmon vs. .Jno. L.
Cook. Ait. the June term of the Common
Pleas Court, Harmon obtained a
verdict for $700.00 against Cook because
of Cook's forcible ejection of
Harmon from certain disputed lands.
Indue Pnrdy refused to trra.nl a new
trial, and Cook appealed to the su-|
preine court. Messrs. <Schuinper( & j
Hollowav, and TTunt, 11 uiiit & Hunter
represent Cook; Messrs. Johnstone
& Cromer are attorneys for;
1 Tarmon.
While not a Newberry case, because '
of local attorneys hoing employed,
the appeal of (!. Wash Hunter, charged
with murder in Laurens county, is
of interest Irere. In this case there i
have been one conviction, with a new
trial gra.nted, and two mistrials. Upon
Solicitor Cooper's motion the case
was transferred from Laurens to
Circenwood county by .Indue fJarv.
Hunter is now appealing; from this
change of venue. Col. O. L. Schumperl
and Sonator Cole. L. Blease
represent Hunter.
From Saluda county the case of
William L. Henderson and Alfred
1' roe w.ill be hoard. These men were
charged with the murder of Mat
Morse, and after two mistrials were
had, they were convicted of manslaughter,
Henderson's sentence was
t-welve years, and Free's was ten
years. An\ effort was made a few
days ago to have the supreme court
to remand the case to,the circuit court
for the purpose of permitting a motion
for a new tnial, on the ground of
after discovered evidence, to be mad.'.
This motion was refused, and the
case will now he heard on the except
ions from the verdict of conviet
ion.
The ease against Lewis Burton, FJ->
more Mayes and Lawson Johnson, I
who were convicted at the November;
term of arson, and that of M's, Annie j
1'. Oxner vs. the Western I'nion Tele- I
graph Company, will not be heard at j
the present si Ming; of the supreme |
court. The record in these cases ;
was not. completed in time for thorn I
lo be heard at the present term, so.
they will go over until the court i
moots in April.
I
j
The crowd of negroes caught' by I
Magistrate Blease lns>| week gambling!
were -fined by him Tuesday, the sum I
of .$18") was received from the gang.'
LEGISLATURE OPENS TODAY. ]
ionic of the Important Measures?!
S; to ProU.b . p c- { V"
ipecinl lo 11 era I . a?. 1
" In,it* a, .lap. l'?.? Will **
cmbling of the legislature on Tueslay
convos the talk of politics and of
olitieians. When this general assem11
v met for the (irst time, last year,
I was with the expectation ami Urn
mrpose of aiholishing the state dislensnrv.
to whicn purpose a majority
?f its ineni'hers w'ulh the governor j
vere pledged. ami the session was
levoted larji'cl.v to that end. Now ine
lispensary is out of the way and I he
egislators can give I heir attention lo
itlier matters. True, an elTort will he
nade to enact a state prohihitioa
aw and the Ihpior issue will again i
time up for a considerable discussion
and a parliamentary fight, but
I will not be the absorbing issue. The
ndications are thai' Hie prohibition
till will fail and that it will be an
ssue in the ccclion of the next iicn?ra
assembly. C?o\*. Ansel will sunrest
certain amemlnienls to Ihe presMit
law, which will doubtless he en- j
ided.
The governor has said ne will reeimiuen.l
an increase in the lax levy
?f two mills for the purpose of gelling
the state ?>n a cash basis; he
will also recommend increase in the
salaries of the governor and other
dlicials, tire erection of a governor's
mansion, and :i supreme court building,
all of which matters will be
I'hreashed out in the I wo houses.
The governor will also transmit
luring the session the proposition of
President Kinley of the Southern ;is
lo reduction of passenger nates in
I his stale ami the Const Line will
likely join in this plan. Some legislation
to carry (lis reduction into effect
ami lo secure uniformity will he
necessary. There are already on the
calendar a number of bills seeking to
regulate the railroads and others still
will he introduced.
Tiiis general assembly is in sympathy
with the forward movement in
education and is disposed to deal liberally
with the state colleges. At the
last session, the sum of !f."i0,00() was
voted to si art a system of liiuh
schools nuid this money has accomplished
good results, although not :i 11
of it ha-: been expended. The work
will doubt less be cnniiiitp'd. There
arc several compulsory education
bills pending, one of which may be
passed, as the sentiment in the general
assembly luis been 'lending in
that direction the last few years. The
surplus from the sta<le dispensary,
amounting to not less tha i
perhaps more, may be used for the
schools in some form.
The bil'l to establish an insurance
department, with a commissioner, will
be pressed at Ibis session, havinir the
baking of the insurance agents association.
Comptroller Oeneral Jones
has asked for laws governing domestic
companies opera :ng under South
Carolina charters
The if is otidy < > i? p: rla:i.l c
tinil place a! this sessio'?that of in
n?-socii te justice r-i the supreme co . '.
;o snceecd I foil. Engem* I;. Clary, w
i< a 'ondidale for reelec* on and w .?
will be opposed by lion. Thomas P.
Cn'.bra.i, member of the house from
Creenville and : ? of the authors of
the Carcy-. ' 1 iii a:. in w.
This being the second session of
this general assembly, little or no
time will be taken up wit11 the work
of organization and each house can
rot down to business without delay
if it will.
I'Yom present indications, the elfort
to repeal the lien law i< a| I to
succeed this time. The fight has been
made for years and last year lire
house passed a repeal bill, which was
killed in the senate by -a few votes.
There is reason to believe thai the
conditions in live senate have somewhat
changed and that the repeal bill
will pass that body. Akin lo this is
the letr'mlalion in regard to the farm
labor cout eact law, which has been
declared uncoiistii ut ioinil by the federal
court and which will be passed
on by .the stale court en banc this
week. If the stale court also holds
the law null and void, some substitute
law will be deemed necessary.
Despite the socalled hard times,
1
the s 1 s-nto is in exeeMeu't condition
ind I lie people -are not divided oil
any factional issue, so that lliis session
of llu* general assembly might
well he devoted to measures for tii'O
upbuilding and progress ol' the state
and the good of her people. It is
campaign year however a:id there
will creep into the minds of tlie legislators
some Ihoughf of the speeches
li> he made on the stump nexit year.
l*'or state olliees, the incumbents,
with 'few exceptions will stand for
reelection however and the only biff
light wikl be for the I'ui'ted ttlatas
senate.
TToyt.
Needs the Money.
I*or the last several days there has
he.mi a rumor t>n the streets that one
of our merchants was in trouble.
'The merchant was K. L. Hailes. A
representative of this paper called at
Mr. Hailes place of business and boinn
interviewed Mr. Hailes said: "E
know lull well there has been a threat
deal of gossip about me for several
days. They have .none so far as to
spread the report 1 was going to quit
business in Newberry. I will give
yon the tacts oi Ine ease. I have been
in Newberry one year and a half.
| Since coining here I have been com
pelle.l lo move three times, hi other
words I have been simply playing
j checkers. I hey would fell nic it was
) my move and as they were king out
I I would have to go. I have lost considerable
ol my trade by moving so
j "inch. I bought an immense stock
, o| ve'ods for i his season expecting a
j big Imsiness. In this 1 was mistaken
land I am frank to say thai I am in
I need ol money to pay my creditors.
1 am lot ashamed of it. There are
thousands of merchants in my predicament.
I owe $10,000 and must
| have tiie money. That is my trouble
a nut shell, and 1 will get it. F
j have engaged H. L. (iiliuore & Co.,
Jot N. V City and turned over my
J stock to them for the purpose of raisj
iag this money. I know I must make
' ;l hig los and sacrilice my stock but
j 1 her-1 i nothiu1!' lelt tor me lo do hut
I tui u my nier-.'ha11dise into cash and
, the necessity if the ca.->e makes Tt
j inipcnat ive. I do so a I o:nv."
j Mr. (lilm. i " <>| l iiliiufe (.V Co., being
seen said: "I don't know anything
about Mr. Hailes business. We
' vi're brought line to raise *10,01)0
hind I hi; we will do without delay,
j \\ e appreciate the enormity of lliis
j undertaking, especially these panic,
times, hut we are not uneasy about,
il lor we intend pulling prices on the
stock that will move it rapidlv. The
store will he closed until Thursday
lor the purpose of inventory, remarking
and 'jetting tii.? stock in shape for
the money raising -ale which we will
( pen Thursday morning and you may
say to your valuable readers thai a
bargain feast awaits them. The slock
I think will inventory about. $30,000
to $;{">,000. ["'or any other information
you will have to see Mr. Hailes." '
? ?
SKULL CRUSHED.
Little ".Jack" Mace, the bright 4year-old
son of Dr. and Mrs. .T. C.
Mace of Marion, was brought to the
I Columbia hospital this week to mild
ergo an operation for a fracture of
the skull, lie having received a very
J severe kick on tin1 forehead by a
hor. e Wednesday afternoon. The,
skull was crushed just a'bove the right
eye and il was tound necessary lo rej
im.ve a section about 2 by inches.
The operation was successfully
j performed and the little fellow is
j getting along astonishingly will. Ifo
! has not been unconscious since lie reI
ceived the wound and yesterday
I seemed as bright and cheerful as t">ver
lie was. 11 is brain does not appear
to he affected in the least by the
j blow and il his condition continues
j favorable for the next three or four
days the physicians al the hospital
believe he will recover entirely.
Mrs. Mace came up yesterday to
be at tiie bedside of ".Tack" ami Dr.
Mace returned to Marion to attend
to some important business but expects
to return to Columbia this evening.
The injury to the little fallow
was a severe blow to his parents
but they arc hopeful of his recovery.