Historical Newspapers of South Carolina

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ATTORNEY GrINiHtAL'S VIEW. | i Replies to Interview of Carter oriel Barnard With Letter From Mx\ Rountree. ? n Columbia Stale, 14th. v The statement given -out in A?h> s ville by Messrs. Carter and Barnard, " I'epivsent.ing: the .liquor Interest, on '* Attorney Oeneral Ivy on\s comments l> i?n Judgv Prit chord's action in ap- '' pointing- receivers for the dispensary ('! fund, has called forth some interestinir talk from tlio attorney ' enei'.vl and the production of a letter from Mr. Daniel W. Rouutree. one of the * attorneys, associated with tin- at tor- '' ncv general, whiinh throws new light " on the <sHnation in Aisheville lasi Saturday and explains the move of l{1 the'liquor houses when it was runnor- " ed that Hi.' general assembly might " lake sonic action defeating- the liquor ;l interests and preserving I lie rights of the State in the suit. ?l It will l>c recalled that Cartel* and :l Barnard stated in an interview, pub- :x li-shed in the Shale la?t. Tucsdav. that ' Mr. Lyon'A denunicial ion of Judge 151 Pritchard s action was a grave injustice to the 1'nited States judge. s' The interview further stated that after hearing of possible action by the " legislature the situation was "so ser- S ions to the rght.-Kof the complainant.9 e that we presented the facts to the il court by affidavit and make an application ex parte for the appointment of a temporary receiver. Judge Prit-Jd chard declined to hear an ex parte ap- |i plication and positively stated that a he would not pass upon our motion || in the absence of counsel for the com- p mission. Mr. Daniel W. Ijount ree, one (] of the attorney- for the coninvission, y was at the time in Asheville and we <>, notified him of our application for |! tho appointment of a temporary re- d ceiwr and requested him to appear ji before Judge I'rilchard at once. Mr. liount roe responded to !his request and upon tin* silu'itioti being explain- jj ed and our assurance that the reqifired notice would be given in the || Fleischmann suit if insisted upon, he tl vol.untarily waived notice of the ap- il pliention in the Fleiscliniaan case so ,;l that the motions in both cases could j] he heard together and another trip a to Abbeville obviated. This waiver o was written by Mr. Rountree him- p self on the affidavit of Mr. CSeo. li. p Lester upon which -atlidavit our mo- f( t'ion for tempirary reieeiivers was a made. n "Thereinpon Judge Pritchard. while Mr. Rounhee was still present, made >,i tho commissioners temporary receiv- ( civs, the coniniiissioners being selected ti in pursuance of the policy whj:ich p Judge Pritchard has heretofore an- f, nouneed to administer this fund as ,, far as possible through the instru- S mentaility provided by the State of f South Carolina. d "On the following- day Cue matter fi came up to bo heard upon the nnotion e in the Wilson Distilling eonipain i.case for the appointment of a p*r- tl nvnnent receiver and the similar mo- i^ tion in tho Flenschmann ease was (| hoard at the same time." U The .interview then concluded with the statement, that no question of I"' State rights was involved, the at tor- o neys being- of the same political par- g< ty as the 'attorney .general. t( Mr. Lyon's Reply. Mr. Lyon, after receiving a letter " f.ronv Mr. Rnnntreo yesterday. called attention to the Ashe.villc s|alement. ^ " 1 he statement of Mjessr.s. Carter and Hannard, in reference to my ?! criliici-.rr.i of Judge Priloluard, v.i.iib appearing* very smooth on the aurface is indeed the essence of deceit and a wilful attempt to falsify the .ll issiv*. if the statement of Mr. T). W. ,;l Rount ree, one of the attorney for the ,e< miniu^ion, is correct," ?aid.''! Air. Lyon, Mr. Lyon then produced the following letter, which he believes a avbsolutely correct: .v "Shortly after my arrival at Asheville on l-'ridav afternoon \ was , noli tied to 'appear at J/udge I'ritch- ' ard's ollictv dud^e P.rilchard an- f nouneed. in effect, that in view of the pending bill before the legislating, !1 he had concluded to -appoint tempor- !' arv receivers that day. I protested against this action, and called attention to the fact that the hearing was ' assigned for Saturday. Roali/.iier, however, that the immediate appoint- " mont of temporary receivers under ^ t.lre Wilson bill was inevitable an.I *' being: of the opinion that if tho tenv- f porary receiver were to be appoint- 11 ed in one ease ('here was no reason why snob receivers should not be appointed in both cases, and desiring to have both applications considered togehlver, so as to prevent another 11 trip to Asheville, and also to facili- 1,1 tale an appeal, T waived notice in the " Fleischni?an'n ease, no notice being f< necessary in the Wilson case. Having " concluded ro waive the notice and '.j foMowing tho usual custom of sign- s| ing: the names of other counsel, I took p lie liberty of signing vour name an.I ther associate comitse] {.? |ho waivr." ' * This shows that lihe "full stateleivt" of (ho gentlemon from Asheil!e is full of mi:i:e'Me:>enil'a[ions,'' nid Mr. Lyon. ''It further appears mt the jiui've ilia.I announced his <leisi.uii on the day before the api>ointt'liis. though in i different cas1 i which the formal order was tak!i and that there was unseenuly haste > or I eat till o object of the g'overnor. s well :,y any nossibfe legislation. all I v.ihich justify my statement that outh Carolina was doniod her day i (''tint. To further m!iow the disinenii(nisness of the fieroie defense of udge Prit chard by these gentlemen ivd the attempted justification of leir purposes, attention is called to ie inconsistency of their statement < follow: '' ' I'l:-" ?.':.* ? i ! - .! i In* complainant* Hie liquor <i? it>?-- f' re lo .-'i.rry on' (he evident purpose ud iuientscn of He Slat" of S mill avdina. as e\pn~.e.i l?v its ?ciieral sseinblv in the act of 1!)07, that all ist claims against the dispensary lion hi lie paid.' 'In this it appears thai these b*jiev>den;. gentlemen would a.id the tale *n carrying on! its policies, hut videntiy a preceding st at client in to same article was forgotten. It is s follows: "'On Friday our attention was ireeled to the fac.t that flow A-nsel ad sent a message to the general ssembly of South Carolina nrijing tat Mich acti<H he taken as would ut. lihe funds now in I lie hands of lie Stale, dispensary commission beoivd the jurisdiction of the federal "art, and that in conseouence of sat message there 'had been intronced in the gen-ril a embly an ex*' niely drastic bill, designed |o acomp)i>h 111iend Ibv requiring the ommis.sion lo pay over all (lie fun.Is i their hand-- !<> the Shale treasurer ud providing Miat amy creditor of ie State dispensary who should seek lie collect ion of his claim' through lie. court, eitiller by instituting a new etion rr by prosecuting any action heretofore 'instituted. >iluuild forfeit II claim upon such fund. Tn our pinion that created a situation so erilous to the rights of the coiulain*nts that we presented the facts > the court by affidavit and made an pplieation ex parte for the appoinllent ol a. tennpornry receiver.' "It thus appears in one part of t'lic laU-ment that they wislie.d to carrv '! t'l'e 'evident ptirpiw and inteni ;n til' tlie State.' and in another art [-hey are appealing to *1 he court ?r 'receiver- to take Idle money out I' the hands of the onieers of the tare and prevent the legislature mm furl her directing the disposiion thereof. The intention to derat the will of t'he State is too paint. tor any one l<> be deceived. It ; .conceded that these gen.tleitnen link that -no (pies*tion of Slate nights * involved in this issue. The reail nest ion is whether in Uneir opinion ie 'State has .any rights at all. "Of course the snia'll matter of the 'ate hr.ving* to pay seir.K? thousands f dollars as attorneys' fees to these wiHemen and somie thousands mere ) the receivers and other intellites of "'nu t are matters which, probably i the opinion of these gentlemen, do ot involve the rights of the State, > say until) ing ol' (he ofiicers of the l>a?le being deposed and the federal ourt substituted to administer her nances and to pass upon and fix the ebls of the State. "It. is not displeasing to learn that iei-'.3 gentlemen are all Democrats ud it is hoped that e>ach of them will e a.ble, at It vis i. a year or two years nice. I ) say that he is ^-till a Demorat. All ot the grafters down here :*e Demnenats and .1 feci! sure that a i'aii* or two years, hence will find ien? still Deniocrats, a'lid those of tiem wiho are out of jail voting; in ie Democratic primaries. As to who re Democrats and who are not may e of passing' interest, but it does 11 bear upon -the issue. The people f South 'Carolina do not approve of aving 'their ofTicers deposed and leir treasury plundered, even ie>ug'h it be done thy Democrats. "It can not be sincerely nor ser usly urged '.a.it lihe proceedings bene Judge Pritchard do not involve l-ate rights. The commissioners, offers of the State, charged with elosig" up lihe affairs of the late Stat? is pens airy are in effect deposed. The idgmenl, discretion -and the author.V of the commission are usurped ud that of M\e federal court imposed |M)n an unwilling: State. All of the lone.y and assets in hands of the commission are to be taken away and the >mmission left without means to mlesf tiho illegal and fraudulent 'aims against the Stale. The money iey are allowed lo use under the labile for this purpose is to be disosed of at the instance of the liquor houses wilio have disregarded the laws J| <>l t!:o State ami plundered her lor U years ;a>t. l j)t;n ti)o adjudication (,1" each claim by t'ho federal court will depeiul how timed i the Slate is ilue upon the iYa-ndulent contracts and 'how liMudi of 'her revenues will be i ct-urned to her tivsurv. My (the complaint of liu1 li(j:iu?r house.? it appears that about .f'200,000 of the ni<oney tho court is try lug to wrest from t'he oonvmission is the property of the Si-ato, -against which no pretense of claim is made by any allowed creditor, uvide.; the wrt . !;.>w restraining I lie cimmiis- ion from paying into the! Shite treasury .^io.OOO appropriated for pro>oontion ol some of t'iie persons v'm> are finding at. least a temporary refuse \<n I he federal court. Still we arc Ixddlv and brazenly I oh} tnat the ri'.:Iits of thy State are not involved." | J DEATH RATHER THAN PRISON. | William Perkins, Negro, Dives Head- \ long at Penitentiary?Was Serv- . ing Out Life Sentence. t'olun-jbia Slate. 1 -It'll. H W i 11 in in Perkins, a negro serving a i 8 lile sentence for mur lor in ({recti-J 1 vilie county, miade a headlong plunge oil' of wliai is known as tlioi' " '' lo'iirth piazza" of the State peni-l tenti'ary early ves'terdav morning, j I landed on lilie hard concrete floor in i j the centre of the building and is now' j in the State hospital prison with j about au equal chance for recovery. ilihe attempted suicide, for it was in undoi'jotedly an attempt at self (lost ruction. took place just as th-? p; I prisoners filed out for I heir early j breakfast before beginning tiheirj * ' work for the day. The mere fact that , lie escaped iupturn death is due en- j ^ t.rely to ha-nce. To nndcrstaud liicjjn j ik.operate chances Perkins took with j death one must be familiar with the construction of the building in i which he is confined. On the riuflit j o^ the entrance to the penitentiary I liliere is a largo stone building, square y< s>haped, four stories in height. The ? square is hollow 'and the court is eov- q) vred. as are the cells, extending up -10 feet, lier over tier, each secured by the patent lock and bolt system ^ that ni-akes escape -a firms I impossible. j,, Tlho floor of this court is paved witn concrete and in t'he centre is a huge healiny plant, where the guards and ^ trustees gather each day just after , tih'e meals. When t'he breakfast call is soundc>d the bolts on each floor ar? slso! back and the prisoners file out . lier by tier ft r the inarch to the dinin tr room. pa When t lie call was sounded yester- J p() day morning and the cell doors open-j ed. Perkins, wtho was on the fourth j lier, took-hi;; place in line and when ^jtlie march commenced jumped clear over the rail and made his dive. The body struck Hie ground in view of Hie convicts and guards, who hurried- po ly look steps to maintain discipline, |s and carried the unfortunate man to m( the. hospitial. 00 It was found that while his injur- I<j ies were serious t hey were not neees- Di i sari.lv falal, although! il is believed is fihat. his conidilion can 'be foretold co with more accuracy today. His right th arm is broken and his face and the dr upper pari of his body is badly bonis- |)j ed. lie did not regain consciousness fa until late in I he afternoon and was not I then able lo tell his reason for Sc the a'toniiptod suicide. |)0 'I hose prisoners who room near, him $1 state that Perkins prayed nearly all illicit and showed signs of emotional insanity. He is about 2S years of a vc and has been a very good prison- 51 e.\ ' 0f Two Miserable Sinners. At a revival in Rock Hollow, Dea- N"1 con Tiudd arose to "relate his ex- NT( perionce," and gave himself a very N< hard name, and so did everybody else, N"1 lha!. he lid not deserve tho. half of it. Hut i; was the style for the saints lo ifivo 11 emselvcs a selling down for N"1 be benefit of sinners, and Brother Hudd played it for all il was worth. N '' ^ es, brethren <aud siters." lie ^ said, in conclusion, "I'm sech a pore, mis'able sinner thai it's a wonder the Lord has inarcy on me, and lels nr.; I e.\ live. I feel as il 1 hain't no business in sech a meeting as this, ami my place is a corner behind tho door." Sister Hrinoy, who was a widow ,s and suspected of a fondness for I he widower, Deacon Hudd, arose and told her story, and a sad one it was. There had never been such an utterly unworthy object, such a continual monument of mercy, as Sisler Briney, if her showing' up of herself ^ was lo be taken for truth. Si "Yes, brothren and sislers," she Ms said, at the windup, "I'm such a jj, poor, mis'able sinner, thai it's a won. ' dor I'm allowed to stand here. I fool j as if my proper place is behind tho ar door along with Brother Hudd."? se Traveler's Magazine. & itWholesale Prices! Bananas, Oranges, Apples, nd all sorts of Fruits. also 4omemade Candy. M. UMgj. WE TRUST YOU! We put a Victor or an Edison your home now, and you ay for it a little every week, ou wont miss the money, and ie first thing >cu know the! istrument is yours. VICTOR EDISON We will arrange it today if du come in. alter's Art and Variety Store, Newberry, S. C, 3TATE OF MRS. M. C. fiAT.n. WELL, DECEASED. All persons having demands aginst e said deceased, or he>r estate, are rebv notified to present (he same, ilv sworn to, to the undersigned on before (lie 1st day of April next, nd all persons indebted lit 1 lie said j tale are hereby required to male2 yment to Ihe undersigned on or here the day above named. J. F. J. Caldwell, Kxecut?>r of Mh's. M. C. Caldwell, arch (>th, 1008. aw-.'il-fV. "When attacked t>v a cough or a Id, or when your throat is sore, it rank foolishness to lake any other edicinc than Dr. King's New Disvery," says C. O. Eld ridge, of npire, Ga. "I have used New seovery seven years and T know il the best remedy on earth for ughs and colds, croup, and all roat and lung Lruobles. Miy eliile:i are subject; to croup, but New iscovery <|uickly cures ewrv atck." Known the world over as the ing of throat and luiur remedies. >1*1 under guarantee at W. II. Pelitn and Son's drug store. f>0e. and .00. Trial bottle free. Chajigc of Schedule?. Effective 12.01 a. m. Sunday Jan. j h, 1008, the following is the time departure of all passenger trains living Newberry Union station' Southern Railway: n. 15 for Greenville . . . .ff.n7a.rn. r>. 18 for Colnml)ia .. ..1.2ft p.m. r?. 11 for Greenville .. ..-1.17 p.m. r>. 1(5 for Columbia 8.47 p.m. C.. N. & L. Ry. r>. 85 for I,aureus 5.10 a.m. ! r>. 22 for Columbia . . . .8.47 a.m. o. 52 for Greenville .. 12.10 p.m. J o. 53 for Columbia .. ..It.10 p.m. o. 21 for Laurens 7.2.') p.m. | o. 84 for Columbia.. .. 8.30 p.m. I No's 81. 85, 21. and 22 run daily j :ee?;t Sunday. The above schedule is given only j information, is not. guaranteed and i subject to change without, notice, j G. L. Robinson, Station Master. It Does tho Business. Mr. E. E. Chamberfian, of Clinton, ainc, says of Tlucklen's Arnica live. "It does the business; T have :cd it for piles and it. cured them, sod it for chapped hands and it. enrt them. Applied it to an old sore ul it healed it without leaving a ar behind." 25c. at W. E. Pclham Son's drug slore. QJ!i V JJilf JONES' GROCERY, S, D. Jones, Proprietor, DUAL,BR IN STAPLE & FANCY GROCERIES, PRODUCE, Confectioneries, Fruit, Cigars and Tobaccos. Phone 212. Newberry, S, C., Jan, 17, 108% Dear Madam Housekeeper: We wish to ca]1 your attention to our stock of Fancy and Staple groceries and solicit at least a portion of your potronage during this year. We feel safe in saying that our stock is the most complete that is offered here and that we can serve you in a satisfactory manner. We will ever keep in mind three very important points: quality of goods prompt service modorate prices. If you are not already a customer of ours we would be pleased to add you to our long list of satisfied customers. We wish 1908 to be our banner year. Will you join us in making it so? Yours for business, Jones' Grocery. STATEMENT Of condition of THE EXCHANGE HANK OF NEWBERRY, S. C., at the close of business , ^ March 9th, 1908. KHSOUKCKS. Loans and discounts $'79>958 *9 Overdrafts 7.446 56 Furniture and fixtures 3.6^7 62 Cash 011 hand and in Hanks 10,187 41 r:< $201,279 78 j I.IA It I I.lTlliS. / Capital Stock $50,000 00, Undivided profits 8,164 56 Unpaid dividends 12 50 Individual d posits $109361 32 Bat.ks " 2,5.}5 74 11 1,907 06 Cashier's Checks r, 195 66 Notes rediscountea ro.ooo 00 Bills Payable #20,000 00 $201,279 78 YOUR BANKING! THE HESS9SY SKIES BANK, Capital $50,000 - Surplus $30,000 No Matter How Small, Matter How Large, The Newberry Savings Bank vill 'give it careful attention. This message to the mon and the women alike. J AS. MciNTOSII. J. E. NORWOOD, '* President. Carrier.