The herald and news. (Newberry S.C.) 1903-1937, March 13, 1908, Page SEVEN, Image 7
I MRS. THAW WANTS DIVORCE.
/
Will Institute Proceedings for "Annulment
of Miarriage?Tho Suit
Will be Contested.
New York, March 10.?Evelyn Nes ?"bit
Thaw tomorrow will institute proceedings
for the annulment of her
marriage to Harry K. Thaw. The action
will he based on the allegation
that, the defendant was insane when
tho union was contracted. Thaw purposes
to defend the suit. The papers
in tho case will be served some time
tomorrow and an early trial is expected.
In the meantime lire two, by
mutual agreement, will remain apart.
In official statements by counsel
for both parties tonight, was confirmed
tho long suspected culmination
in tlio wedded lives of Stanford
While's slayer and the woman whoso
JT story in his defense brought her an
f unhappy notoriety as wide as the
reading world. For weeks it lias
been gossipped that divorce was imminent.
and even during Thaw's last
trial, through which his wife stood
gamely by him, it was pretty genery
ally believed that whatever the. outcome
to the prisoner, me two would
never again live together. These reports
wero frequent, P?eing based on
rumored opposition to the young woman
on I lie part of the Thaw family.
S In their statements tonight, however,
counsel denied that Mrs. William
Thaw, ITarry,c mother, had taken any
part. h\ the proposed separation.
During today Co' Franklin Bartlet
t, counsel for the ?lder Mrs. Thaw,
^ made a statement in which he said
there was no truth in the reports that
detective 'employed by Mrs. William
Thaw had had her daughter-in-law
under surveillance for months. As to
a possible separation, Col. Barllett
said:
"The matter is in chaos. There is
'every disposition on the part, of my
client to be absolutely ,jitl?t and fair
^ to Evelyn Thaw and to make liberal
provision for her support, and even j
more limn that. Harry K. Thaw has
sought a reconciliation and has not
desired that his wife should leave
him, but she desires a permanent severance
of the marital relations. Any
> thought of espionag'e upon the young
'Mrs. Thaw would be abhorrent to
Mrs. William Thaw and has not at
any time been entertained by her."
Soon after Col. liartlell's interview
became jniblic. A. Ihissell Peabody.
personal counsel to Thaw, left
for Mattcawan, where, since his last
trial, Thaw has been confined in the
asylum for the criminal insane. After
a talk with his client, Peabody returned
to the city late today, and by j
i appointment met Daniel O'Reilly, one J
of Thaw's former attorneys, who is j
now counsel for Evelyn Thaw. The i
conference extended well into tlr? J
eveninir and at its conclusion Mr.
O'Reilly said:
"Papers will be served on Mr.
Thaw tomorrow by me as counsel for
Evelyn in action for annulment of
the marriage. The action will be on
f the ground that at the time of the
marriage, April 4, 100;'), ITarry Thaw
was insane and did nol know what lie
was doing.
Thought of for Some Time.
"This action has fie en Ihonuht of!
for some time. Il wil be tried in
New York county. As yet no men- |
lion has been made of any settlement
in favor of Evelyn. If after tire
annulment proceedings arc through
and they are in favor of tho plain"
tiff, some action might be taken fov
the. recovery of counsel fees and ali J
mon v.''
Mr. IVahodv, who beard O'Reilly's |
rema i Us. sflid :
"Today I have visited Harry at
Malloawan and told him of the intention
of his wife, lie is willing* to defend
the suit."
Mr. Peabody added thai his client,
"when apprised of bis wilV's intcn-j
lion, had made no comment except to ,
declare thai lie was sane at lite lime!
of his marriage and expressed his I
willingness t<> meet Ihe issue.
Asked whether Mrs. William Thaw j
was active in Ihe planned litigation :
Mr. Peahodv replied:
i "No, she is noj. "
Mr. O'Reilly added |o bis formal !
statement dial Evcllyn would lake!
the stand during Ihe annulment pro-I
( codings and that several of Ihe modi- ;
cal experts who had testified at I lie j
murder trial would also lx> called, lie'
added that despite his announced cle- j
termination to contest Ihe suit, he
believed Thaw would pnl no serious
obstacles in the way of separation,
if for no other reason than the gratitude
ho fell, towards his wife for the
aid she had rendered him when he j
was on trial for his life. As !o bis I
client's financial resources, O'Reilly
said he thought she had funds enough '
to maintain herself during the trial of |
tho case, and as for (he future, was |
capable of earning a large income as |
a writer.
Both lawyers emphatically denied
(lull TOvelyn had been followed by )
detectives or (hat she nad made any (
demand upon her husband's mother. (
It is uudurslood that Hie attorneys i
for Mrs. Thaw will depend principal- c
ly upon the evidence of insanity in- t
troduced at the last trial of Thaw to c
prove that he was mentally ineom- t
potent at the time legally to con- t
traot a marriage. Should this be s
established the case would be won for 1
the plaintiff providing* there was not t
introduced the defense that Thaw i
.subsequently recovered full possession
of his faculties mid by conlinu- (
ing- the marriage relations gave vali- ,
di'ty to the original contract. Thus ^
point (lie attorneys would not dis- c
cuss tonight. It was, however, point- [
Cvl out that Thaw, though committed t
to an insane asylum as having been 0
insane at I he time lie killed White, (
has noj. been declared insane at lb.' ^
present time. Whether (lie matter of {1
his insanity^will be determined be- (
fore the trial for annulment is not
known. If i( is not, there will be t
added interest in the probable effect
of the vrescnt snit upon the later efforts
to get Thaw out of the asylnm. ^
WHAT ATTORNEYS SAY
ABOUT PRITCHARD, i
Lawyers for Creditors ?of State Dis- ?'
pensary, Ail Democrats, Assert i
Question of State Rights not I
Involved in Receiver- 1
ship Proceedings.
(
The State. j
Asheville, N. C., March f).?^Messrs. I
Frank Carter and Alfred iS. Barnard, i
two of ihe attorneys representiag the |
Wilson Distilling company and the >
Fleischmann company in their suits |
against the South Carolina dispell- i
commission. yesterday gave our <
following statement in reply to |
published interviews by Attorney t
ii'nrral Iaou of South Carolina and i
*
\\ . J. Murray, chairman of the |
dispensary commission:
''( nr attention lias been called to ;
an interview published in the news- <
papers, given out by lion. J. Fraser i
Lyon. attorney general of the State t
of South Carolina, in which he is ;
(pil led as saying in reference to Judge i
Pritehard's appointment of teinpor- |
ary receivers in the South Carolina i
dispensary cases: 'I regard the entire .
proceedings as without precedent, 1
and as a most outrageous disregard t(
of the rights of the State of South (
Carolina. It is founded upon no A
sound authority. I lis conduct in ap- i
pointing receivers on the day before
tii.' motion for the apopintment of a
receiver was to be Iwiau'd in accordance
with the formal order which he .
passed was a most wilful disregard of
the rights of the State and we were .
I hereby denied our day in court.' ^
"Our attention has also been called (
tn an interview in the Columbia State ;
with Dr. W. J. Murray, chairman of j
the State dispensary commission, in ,
which he is quoted as follows: 'Our
attorneys art? now in Asheville wait- ,
ing to be heard tomorrow (Saturday) (
and it is indeed a strange move that
this judge should go jo work and appoint
receivers before the case< is
hoard and our a<itoru>eys had a
I chance to submit arguments.'
"These statements arc so wide of
the truth and in our opinion do (
Judge Pritehard so great an injustice
we feel called upon to submit to
the public a full statement of just j
what occurred. ,
"On Friday our attention was direeled
to the fact that Clov. Ansel had f
sent a message to the general assem- j
blv of South Carolina, urgimv that
such action be taken as would put :
Ihe funds now in the hands of the
State dispensary commission beyond |
Ihe jurisdiction of the federal court
and that in consequence of that message
there had been introduced in the !
renew I assembly an extremely dras- 1
tic bill designed to accomplish this
end by requiring Ilit* commission to
pay nvcr all ihe funds in their hands
In Ihe State treasurer and providing
that any creditor of Ihe Stale dispensary
who should seek Ihe collec(ton
dt' his claim Ihroue.h tlx1 court,
< i I her b\ iiislifuliirv a new action or '
by pi ti-ecuI i11any action thereto- j '
fore instituted, should forfeit all I
claim upon such fund,
"In our ii|ii:iiini lii.'ir created a sit- 1:
nation so perilous I<? Ihe right* of Ihe "
complainants that we presenled Ihe *'
facts |o Ihe court by affidavit and '
made an application ex parte for lii\! v
appointment of a temporary receiver v
Judge Pritehard declined lo hear an '
ex parte application and positively ,v
staled thai lie would not pass upon
our motion in Ihe absence of counsel h
for the commission, nfr. Daniel \Y. I
I'ounlree, one of the attorneys for
the commission, was al lire lime in
Asheville and we notified him of our
iipplical ion for Ihe appoint men! of a u
temporary receiver and requested e
liiui lo appear before Judge Pritehard c,
aI once. Mr, Rouulree responded to w
lliis request and upon the situation p
)eiii?v explained ami our assurance
hat tht' required notice would ho ??ivm
in the lOleischmann suit it' insistu!,un?
1,0 voluntarily waived notice
>1 Ihe application in the Fleischmann
iase so that (he motions in bifth eases
fould be heard together and another
rip to Ashevillc obviated. This waiver
was written by Mr. Iioi.nlree hiinlelr
on the affidavit or Mr. Geo. B
tester upon which affidavit our niou>ns
for temporary receivers were
nade, and is as follows:
" defendants desire to have
he application J or the appointment
fa receiver in this case and the apdication
for the "apopintment of a re;oiver
in the ease of the Wilson DisilJinj?
company et al. vs. \V. J. Mur'ay
et ?1., hoard together and to that
'nd, without wai\:n?r any rights the
lelendauts waive notice of an intcni"'i
to apply for the appoint incut of
i receiver in the Conner case.
'Signed) "'.J. Kraser Lyon. Attorney
Oeneral; Abney & Muller. AnIcrson,
Fehler & Itountrce. Attorncvs
lor the Commissioners.>
"Thereupon Judge IVitchard. while
dr. Hountree was still present, made
in order appointing1 the five commissioners
temporary receivers, the cotnnissioners
being- selected in pursuince
of the policy which Judge I'rilchnd
has theretotore announced to adninister
this fund as far as possible
hrough the instrumentality provided
>v the State of South Carolina.
"On the following day the maiter
ame up to bo heard upon the motion
11 the W ilsoii Distilling' companv case
oi (lit? appointment of a permanent
cceixer and the similar motion in the
Meisehmann case was heard at the
tiiine time. Tiicre were presen.1 at
his .luNvrhig. represent ing' /the dispensary
commission. Mr. \V. ! '. S|.?vmson,
general counsel for Ihe coniuission;
Mr. I). \V. Kountree of the
iim ol. Anderson, I'Vlder. and Uonurec
and Mr. .J. S. .Mnller of th:
inn of Abney & Muller. I'pon consideration
of the evidence introdue d.
upon the hearing of the consolilatcd
motions. .Indue l'riichard anlounccd
that he wa.< of tne opinion
hat permanent receivers ought to lie
ippoiuted and that such a course was
iccessary lor the preservation and
)roper administration to that effect
laming as permanent receivers lion,
losepli A. McCullough. one of the
nosl distinuished citizens of South
'arolina, and two members of the
omtnission. Messrs. Henderson and
\rtliur. who had signified their uillngness
to serve.
''We have no desire to try tnese
ases in the public press, but these
statements by the attorney general
iiid chairman of the dispensary eomnission
seem to us to he a deliberate
iltempt to raise false issues and to
HTsuade the people of South Cardiu-a
that some quesi.lon of Siali
'ights is involved and to arouse a
mhlie sentiment which will pre.julice
the. rights of the complainants,
"(Speaking upon this question as
liembers ot the same political pariv
(t which tiie attorneys eiural belong-:
(every one of the attorneys for the
omplainants being a Southern Democrat.
except Mr. Lester, who is :i
nember of the regular Democratic organization
ill' New York) we wish
'a.v that in our opinion no question
>i State rights is involved in Dies:
mils and there ha r>een no attempt
in the part of Judge I'ritchard t:
nvade the rights of the State, but oi
ihe contrary the efforts of tin* com
dainants in these cases are to car'\
tut Ihe evident purpose and inten
ion ol ihe State of South Carolinr
is expressed by its general assenibh
n I lie act of i hat all .iusi claim?
igainst the State dispensary should
>e fully paid.
II Judge IVitchard has eminilted
'ri'or in taking' .jurisdiction issuing
njiinclions and uppoint iiiy recever.he
defendants have complete red rest>.v
an appeal i<> the supreme court ol
he 1'uitcd States."
^liothoi Kind.
Air-:. Drew's husband lias buijlit
in automobile, and it-; eoimuandiiu;
neriis formed tlie sole topic of Airs,
's con versa! ion.
Von .imst ought io take a ride in
I A11'<. ! '" I ell.'' -aid !o a lie!.- ,1-io,
:sic !;m-w. had i'.o ;Hi:<>;1"
"!e. "D s ;:!iuii'l noiseless, il nev!'
"'i! or ord -r. has nil ihe modn:
mpi'uveni.'iit -. g'oes like the
'Mid il s a IIig'hfly-Clipping'er,
l ilh patent sparker at Iachment. My
he w a \. what kind of a in>achine do
oil use?"
" l.iglil-riiiiniug Lockst itcli, with
emnu r, tucker and buttonhole atiichmeiil.''
One Drawback.
011 a e What i.n improvement it
il Die time ever comes when
vcrybo.ly can get a seat in the street
in s. Violet? (Hi, I don 't know. A girl
'ould never be sure then that she. was
ret t v.
At Wholesale Prices'
Bananas,
Oranges,
Apples,
i
and all sorts of Fruits.
ALSO
I
j Homemade
Candy.
THiO. LAMIT.
mb?wmmmmmBBamnamsamauimiaiMMMMBmwammm?
: !*$?' ' A
j *<CvTtatoi*!
WE TRUST YOU! We
put a Victor or an Edison
in your home now, and you i
pay for it a little every week, j
You wont miss the money, and <
he first thing jcu know the
<
instrument is yours. ,
VICTOR EDISON
We will arrange it today if ;
! you come in. 1
I Salter's Art and Variety Store, t
Newberry, S. C.
'
ESTATE OF MRS. M. C. CALD- !
WELL, DECEASED.
All persons having demands a.?rinst
the said dot*cased, or her estate, are
; hereby notified 1 <> present the same,
, duly sworn to, to the undersigned on
or he-lore the 1st day of April next..
( And all persons indebted to the said
estate are hereby required to mak?
, ; payment to the undersigned on or be!
I fore the day above named.
? ] "When attacked by a eou.uh or a j
cold, or when your throat is sore, it j
, is rank r<)(disliness to lake any other |
i medicine than Dr. Kind's New l)is.
cowry," says C. O. Kldridjrc. of i
Kmpire, fJa. "I have used New j
. Discovery seven years and I know ii i
! is (lie best remedy on earth for j
. coughs and colds, croup, and all
: ! throat and luny Irwohles'. ^[,y chil- I
I tlrc:i are subject to croup, but New
Discovery quickly cures every at-j
I tack." Known the world over as the |
, Kinv of throat and lunn1 remedies. I
' Sold under guarantee at. \V. E. Pel- j
, I ham and Son's drujy store. f)0e. and :
I $1.00. Trial bottle free.
J. F. .T. Caldwell, !
Kxecutor of Mil's. M. ('. Caldwell. |
M'areh (ith. I0<IS.
J 1 law-.'ii-f's. '
Change of Schedules. : C
KlVective 12.01 a. m. Sunday Jan. j y
l;)th, 100S. tiio following is the limej
| of departure of all passenger I rainsiC
ieaviny Newberry Cnion .-lali-.n: :
Southern Railway: j
I No. I"> for (ireenvillo .. . ..S.f>7a.m. i
! No. IS for Columbia .. . . I ,2S p.m. !
j No. II for Cirecnville .. ..'1.17 p.m. j ^
| No. 10 for Columbia S. I7 p.m. T
0., N% & L. Ry.
No. Sf> for Laurens 5.10 a.m.
No. 22 for Columbia . . . .S.-17 a.m. ^
No. f>2 for flreenville . . 12.10 p.m.
No. fi.'i for Columbia .. ...'5.10 p.m. (j
No. 21 for Laurens 7.25 p.m.
No. SI for Columbia.. .. 8..'{0 p.m.
No's. .94, Sr>. 21, and 22 run daily
; exccMt Sunday.
! The above schedule is iriven only
i as information, is not .uuaranleed and
i is subject to chanire without notice.
CJ. T/. Robinson,
1 Station Master.
Easter N<
A large suppl;
goods and P
Will sell retail
sale. Can sa\
ney on your
Call and get p
YOUR BA
THE NEWBERRY S
Capital $50,000
No Matter How Small,
The Newberry ?
>vill k'vq it careful attcr
applies to the men and th
IAS. McINTOSH.
President.
l The First Cough i
& Even though Uot severe, has a tei
tive vr/enibranes of the throat ai
? Coughs then come easy all wintci
slightest cold. Cure the first com
^ set up an inflaination in the delica
& The best remedy is C
a SYRUP. It at once gets ri^hl at
_ moves the cause. It is frte from
W a child as for an adult. 25 cents t
I MAYES' DRL
3t=^oavTCT*jc?!*raT>w: J v*i*miaiBlcmKa*rmnaBmmKstr&Kuat
^Sv THAT T
(\ J\\ SuitYc
\y\C\V IS ALL 1
U xHT' ft/I anyta
\\\ ^ w
??'y""mt 'l01* o^mv ' cvttowm co ch<(a&0
M GHT IN ol7R ST ORE Yc
> PR IN 6 JU17 THAT W1LI.
'HI,S SUIT WILL PLEASE Y
ilVE YoU 600D WEAR; IT
VND IT WILL FIT Yol/R PU1
OME To THE -STORE T\
IVERY WAY?----THAT CAN
'OUR &ODY, AND FIT Yol7
. Kl/PPENHEIMER &CO. SU
5AAC HAM bUR6 ER ^ ,5c
$22.50.
'CHLo-5/5 5Ro*S & Co. <51717
RIFFoN f$R AND -5171T^
' 017 N 6 MEN'^5 AND CHILDR
$ J 2.50.
RE-5PECTF17
EVv
VP-TO-THE
'ui i Y mi
ovelties
y of Easter
ost Cards,
and whole'e*
you moEgg
Dyes,
rices.
oBmmmmm tat mm ? i ?? i
lNKING!
Surplus $30,000
Matter How Large,
Savings Bank
ition. This message
e women alike, *
J. E. NORWOOD,
Cat'.Ver.
# <& -$> # ^ ^ v <sif
the Season, j
idency to irritate the scnsi- a
ul delicate bronchial tubes.
r, every time you take the ?
gh before it has a chance to
te capillary air tubes of the gfo
lUICK RICUKK COUGH TT
tin; seat of tr ublo and re- ^
Morphine and is as safe tor ?
it ^
IG STORE. ?
<*
^U/TTA CL"! t ;. " AL< ^irunamsncn
E: SOLVtTD ~
'HAT NEW 5PKINC
>U ARE GOING To BUY
RFADV NOW, IN EVERY
\ND PATTERN.To SUIT
STE^Buster^R^N/.
>11 WILL FIND A NEW
.. MARK YOU HAPPY.
OUINCoLoR. IT WILL
will nr your body,
R..SE. WHY Not THEN
I AT CAN LIT You IN
nr YOUR, EYE, FIT
R PoCKET-BooK?
IT.5 $ I 5.00To $/:! S.OO.
>N.S .SUITS $ J 4.00 To
\S $ 1 3.50 TO $20.00.
$ JO.OO TO $ ] D.OO.
EN'aS ^UIT-S $2.50 To
LLY,
'ART PERRY Co.,
J-MINUTE DEALERS.