The herald and news. (Newberry S.C.) 1903-1937, September 04, 1908, Image 1
| VOL XLV NO. 71 NEWBERRY. S. 0.. FRIDAY. SEPTEMBER 4. 1908. TWICE A WEEK. SI.50 A YEAR |
DOUBLE TRAGEDY ;
IN SENECA HOME
i
WIDOW LADY SHOT TO DEATH 1
BY J. F. HINKLE. s
Slayer Then Kills Himself?Had i
Been Persistent Suitor for Mrs. >
Anderson's Affections.
Seneca. Sept. 2.?,1. F. 71 inkle shot >
and fatally wounded Mrs. E. L. An- 1
1 derson, a widow with three children,
here at her home on Main street today,
between 1.110 and 2 o'clock, and
then killed himself. ]
Mrs. Anderson died at 7.20 .tonight.
|p It is rumored that Mrs. AiWrson;
refused to marry llinkle %nd uTis is
snifl to have caused the tragedy. 'j
Hinkle shot at Mrs. Anderson's
daughter, Christine, once and then /
shot at Mrs. Anderson twice, and aft- r
erwards shot himself once, the ball r
entering his head below the chin and r
passing through the roof of his t
month, lodging in the brain. Tie died
instantly. s
One ball entered Mrs. Anderson's >j
left side, passing through the abdo- i
men. and one broke her right arm. |
IIinkle used a .14 Colt's pislol. v
IT inkle went into the room where r
' Mrs. Anderson was sitting with scv- ?
oral boarders and said to her: "I ^
wo-.dd like to pay my board," and
asked her to eomo into the dining <
room, which she did. Upon her refus- 1
al to marry him he shot her. ?
| ITinkle left three letters, one ad-IT
y dressed to Or. .Doyle of this city, one o
tn tbi? Atlanta Journal and one to the n
public. Tn l)r. Doyle's letter he re- t
quested him to huv a cheap coffin and s
bury him beside his first wife in Sen- h
eca cemetery. r
Mrs. Tin<?lics of Richland, a sister '
of Mrs. Anderson, arrived about four '
hours before she died. Mrs. Ander- 1
sou's brother, Dr. Cox of Pendleton, A
was also will) her in her last hours. f
No funeral arrangements have yet I
been announced.
The verdict of the coroner's jury ^
is in accordance with the above facts. (
Mrs. Anderson was a native of An- n
derson county, wide and prominently v
connected. r
i
Another Account. 0
The State. 1
Walhalla, Sept. 2.?Coroner J. W. "
ITolloman received notice today at 2 ^
o'clock to go to Seneca to in vest igate
a double tragedy, which occurred '
, at Seneca, eight miles from here, 0
shortly before 2 o'clock. 1
The tragedy was one of the most
harrowing Oconee has witnessed in n
years. .1. F. Hinkle shot and mortal- '
Iv wounded Mrs. Ktumn L. Anderson, n
proprietress of the Anderson boarding J?
house while they were in conversa- *
frion in the dining room of Mrs. An- '
derson's home, and as soon as he had ''
committed the awful deed, ITinckle 0
turned the weapon upon himself, firing
point blank under his chin, lite I
ball ranging upward and into the s
brain. Within a few minutes he had s
expired before having spoken to any
one. ">
Mrs. Anderson lingered until 8 a
o'clock tonight, when she died with- ?
out having regained consciousness. '
Ilinckle fired three shots at Mrs. o
Anderson, one of which was warded f
off by her, one breaking her arm and i
the third entering her body between n
the seventh and eighth ribs and eoming
out at the back, crashing through h
her body close to the heart. Mrs. An- o
derson ran from the room and was s
caught by some one as she fell mor- 1
tally wounded. 1
Tt is staled the first shot fired was i
aimed at Mrs. Anderson's da ugh- c
, tor, two of her children being in the (
room with her when she and ITinckle v
entered the room. Ilinckle engaged s
Mrs. Anderson in a eonversalion nn- o
der I lie pretext of wishing to pay his c
board hill. It is understood that lie l
had been a persistent suitor for Mrs. n
Anderson's affection for some time
and that lodav's tragedy was the cul-J
minalion of her refusal to marry
him. Several notes were left by him n
ami are in the possession of Coroner 1
> llolloman. but their contorts have not i
been made public. j c
For a number of years Ilinckle was j 1
\4
THE SUNDAY LAW
IS INTERPRETEI
Selling of Ice and Meat?Held to b
Violations of Old Common Law
?Judge Prince is Sustained.
i lie supreme court has decided (ha
Si,1<' "r :u'd meal on Sum!,,
* not it work of necessity and i
l?orol<,,o ,,, violation (lf Sl,.li(>n -()(
< <o" /> - of the code, which savs
, Se('(mn r>()0- No tradesman, arti
K,(,r' w,),,|<niaii, laborer or other pe,
on whatsoever, shall do or exereis
111 .v worldly lahor, business or wor
11 1 ',P,r ordinary callings upon Hi
'TitXy' ealled tl,
7 th) or ??>' l??rl thereof (wor
,f necessity or charity only excepted)
ml overv person being of the a?e o
years or upwards, offending in Hi
H'eriuses, shall, for every such of
ease, forfeit the sum of .$1.
?'(.(. .>01. Xo person or person
i hatsoever shall publicly m. sh.n
or c,vl,?1^' to sale anv ware
f,-?it, herbs, goods o
. s w'iatsoever upon the Urd '
, ,,r i,nv P?'*i I hereof, upon pnj
h-',i !'V('rv P'M-son so offending slnl
oi'foit the same goods so (1|.i(i(] ()
l'|?;vod forth. ?,. exposed to sale
. 502- No public sports or pa<
"lies as bear-baiting, bull-bait ins
Playinir, horse racing, inte,
"',os or common plays, o||,(t
exercise, sports or pastime.*
,,Hl ns '"inting. shooting, diasiu
,nmp; fishing, shall be used on th
s day by any person or person
hatsoever; ami every person or per
?>? ? offending in any of (he premise
mill upon conviction be deemed guil
V of a misdemeanor, and be subjec
? fine not to exceed *.-><) or imprison
lent not to exceed :t0 days."
'flip act referred to is probablv th
'?I<'S( on I he statute books and'is ii
act a copy of (lie colonial proclaina
ions issued in 1031. passed bv (Ii
onunon council of (his colony in 171'
nd afterwards embodied in the statu
es when South Carolina became
>tate.
The case wsa that of the Sfal
*?ins| William James of Mannin
ii'l bofli sides appealed, (lie Slate o
he ground that (he magistrate befor
l"!"i ,,l(' was fried, erred in al
>wing (he three warrants issued I
e consolidated info one charge, am
he defendant on I ho ground (ha
J?ere was no case against James am
"p '""1 not violated (he law. Th
asc was heard in I lie circuit eonr
efore Judge Prince, who decided (hn
lie magistrate was correct in his in
iM-petafion of the law and that he ha<
ot erred in consolidating the case
ml on the evidence had not erred ii
ining him $1.
Willinm .Tames sold ice and mea
t Manning and according to liis state
lent delivered both to customers oi
'""lay morning, all hough he tcstifi
'1 that he had not violated the la*
ii I hat flic goods were paid for oi
atardav and Miat they were not soli
xeept on physician's prescription. /
'arrant was sworn out for his arres
n August -4. 1007. (here being thro
nscs. The defendanr said that h
ad been delivering goods of thi
linrac'er for flic past nine years
urlgc Prince, after reviewing all o
l"s. upholds I lie inagis(rate.'"sfaf in;
lint the deliverv of ice or meat \;a
violation of t ho seel ion referred (V
nless if bo shown I hat if was an ac
f necessitv or mercv. This was no
nown in the testimony. Tn conclusion
iirlgo Prince savs:
I lie court is earnesflv urged f<
!il<e judicial notice of certain nalura
iws. such as fluil ice melfs and fresl
oef spoils quicklv in hot we.^hei
liis is frue. no doubt, but how d
li^e natural laws help defendant'
ase? There is no evidonee thai b
enson of poverty or misfortune an
r nil of defendant's* customers wor
liable to furnish themselves with rr
rigoralors of such capacitv as wouli
I'esorvo both ice and beef from Sat
rdav over Sunday. Nor does th
yidence at all show that there was ;
ingle customer who could not. h
lie exercise of but ordinary prudone
ii'l economic forsmhl. have prepare,
lmsolf, at very moderate cost, fo
iil<mg care of a sufficient riuanfify o
0 1CC ai)fl fresh meat from Satur
policeman at Seneca and was well j
[bought of. For some time lie and
Mrs. Anderson had been quite itilinalc.
She was a woman of beauty *
>f face and figure and had many adnirers.
Jealousy and Mrs. Anderson's
persistent refusal of him are
generally thought to be the two prime
I actors that led to the mnrder and
uiieide. t
1 linckle was about .">0 years of age '
md a widower, and Mrs. Anderson t
several years younger. Her husband
ias been dead about three years.
L. i
WILL OF MISS ANNE E. RICE, s
j!
jarge Estate in Union County Soon c
to be Divided Among the I
Heirs. ^
(!
Phe State. ?
Union, Sept. 2.?The will of Miss 1
\lino F. Rice, who died on August 0, 1
md which makes disposition of one 1
>f the largest estates ever left by any
me( in this county, was filed today in v
he office of the probate judge. f
The estate is variously and con- i'
ervafively estimated as worth from <*
tfOO.OOO to $ru>0,000. The will was <1
nade on July 20, 1000, and under the 1
Provisions of tlie main body of the f
vill, she liberally remembered practi- s
ally all of her relations, giving good
hares to her cousins and having it (
ubdivided among their children. f
By a special provision in the codi- ]
ile of the will, made February 20, r,
008. she generously bequeathed to s
Irs. Evelina Rice, wife of Mr. S. M. <.
lice of (his city, and Mrs. Agnes Jet- |
I. wife of Dr. 1?. R. .Tcler of "Whit- v
iiire, one-fifth each of her entire cs- s
ale, in addition to I lie proportionate s
hare that each would vret under the |
iiain provision of the will. Under the |
isnal procedure it is believed that n
his one-fifth each which is criven
hese ladies and which is trenerallv beieved
will amount to $7."),000 or $80, p
100 is based on the entire estate be- j
ore it is subdivided among the other c
pgatees.
She gave $10,000 to each of her j(
irst cousins, living at the time of her ?
leath other than those mentioned
ml provided for in the body of the
kill. As for the rest of her property, '
eal and personal, wherever situated, V
I was given to her (irst cousins, Speller
M. Rice, Sr., and his brother, Wil- ^
iani f!. Rice, both of whom died some ^
nonths ago. and Mrs. Victoria S.
'oleman. and to the children of her ^
irst cousins, Mary A. F. Rawls and ,
Virnes McFie, both deceased: Spener
M. Rice and his brother, Win. 0. J*
{ice. and Mrs. Victoria S. Coleman ,
0 take one-fifth each: the children
f Marv A. F. Rawles, onrt-fiflh, and
he children of Mrs. Acmes McFie
tie-fifth. Tn case of the death of ^
ny of the parties mentioned in this
1 em of the will, it is provided that
iie child or children of such party or n
larties shall take the part, their par- n
n| or parents would take if living.
Full power is given by Miss Rice .
o her personal representatives to ^
ell all of her real estate wherever
ituated and to make deed to same.
v
She appointed as executors Capf. F 0
T. Farr, president of the Merchants' {1
nd Planters' bank of this city, and j,
Tr. Wm. Coleman. president of the ,,
Jlenn-Lowrv Mannf.icttiring companv y
f Whitmire. These gentlemen quali- ?]
ied this morning. Mr. Coleman leav- i|
ng shortlv afterwards on the 0 ;1
'clock train for North Cirolina.
Tt is known that Miss Rice, who in- n
erited her property from her broth- <.
r, Col. A. (J. Rice, who died about j
ix vears ago. was possessed of from
2.000 to 1.1,000 acres of fine farming j
mid. consisting of plantations rang- i,
ng from .'1 to 1,000 acres each and lo- I
aled in Laurens, Xewberrv, Chester, J ?j
'herokee and Union coun'ies, besides i i
aluable property elsewhere, and that ! p
he was a large investor in the stock i ,
f the Olenn-Lowrv Manufacturing j n
ompanv at Whitmire, of which com-.,,
>anv Mr. William Coleman was tho | p
rgani/er and is now the head. p
n
Fine Tailoring.
An expert representative of the fanous
Schloss tailors will be at Cope- i
and P>ros. today and tomorrow, Sepember
4 and 5. Von are invited t?i||,
ome and examine his patterns andjj,
oave an order for your fall suit. !|j
(lay over Sunday. 11" this had been
). shown, il would not have availed. It
sciiihs to be conceded in argument of
c counsel thai in (lie town of Manning,
where defendant does business, he is
authorized by ordinance to deliver ice
and heel' in summer time on Sunday,
before J) o'clock a. in., and this ordit
nance is urged as a shield for defeudv
j ant. Such ordinance cjin not avail
s him. No municipal ordinance can le),
gaily authori/.e what a statute for:
bids.
i- "In c mclusion, we may concede
- that, in modern life both ice" and |rosh
e meats, however I hey may have been
k regarded in former days, are now neee
essaries, but that will not justify
e their delivery on Sunday any more
k than (lie conceded fact that flour,
), meal, potatoes, rice, bacon and butter
f are necessaries will justify a grocer
e in opuniu.tr his store and delivering
such articles on Sunday.
"Such being my views, 1 must overs
rule all of defendant's grounds of
v appeal. despite the very able and exliauslive
argument of his counsel,
r which has very much impressed, but
s has failed to convince me. I can not
ii linbl that running a delivery wagon
II and delivering ice and fresh meat al
r the houses of (he people on the
Lord's day is work morally fit and
._ proper to be done that daw
r Supreme Court Decision.
The supreme court sustains the clej.
cree of .Indue lYinee on every point.
. The court holds, in the decision writlr
ten by .lustice Woods, that the sell(>
ina or delivering of ice or meal on
s Sunday could not be termed au act
} of necessity. True, what might have
s been considered a luxury in one gen_
oration is a necessity in the next and
j there are many things that could he
. done on Sunday now that would have
violated the law .">0 years ago. The
object in the statute was evidently to
set aside one day of the week for rest
and the contemplation of the higher
things of life and only works of necressity
or mercy should be done. The
court holds that it should be careful
;l in defining what are works of necessity
and mercy: that by a slight
stretching of the terms of the statute
almost auvthimr initrht be deemed nee|y
, ^
cssarv or merciful. Therefore so
as the statute stands as il is il i>; best
to consider the decision of the circuit
court correct and it is allirmcd.
, Just what effect this decision will
I have in bringing other cases is not
yet known, but it is very probable
that others will be brought in some
of the counties.
. The decision of the supreme court
is as follows:
^ "The defendant, William James,
s was convicted before a magistrate of
p, the offense of violating the Sunday
law, contained in criminal code, secj
tion .">00. The circuit court on appeal
affirmed the judgment of the magistrate.
n
"The defendant is a butcher and
ice dealer in the town of Manning. ITe
n was arrested on three warrants cliarging
three separate offenses of selling
y ice and meat and delivering ice and
j meat to three different persons; and
p carrying on his ordinary business by
(> such sales and deliveries on Sundav,
s -1th August, 1007.
!. "Contrary In the contention of I lie
f counsel for the prosecution the inatrir
istrate ordered the three charges to
:> be consolidated into one, holding
?. whatever might be the number of
t sales and deliveries, a. iill were on the
t same day, I hey constituted hut one
i, doing or exercising wordlv labor,
business or work of the defendant's
r> ordinary calling, within the terms of
1 the statute. Our statute is (lie same
Ii as the Knglish shitute. In deciding un\
dor that statute the precise point
r? | her involved. Lord Mansfield s;iid :
s | " 'On the construction of the act
vjof parliament the offense is "cxercis-l
V ing his ordinary trade on the Lord's!
ejdav, and that withoul any fraction of
- a day, hours or minutes. Il is hul one
rl entire offense, whether longer or
-, shorter in point of duration,
e So whether it consists of
a one or a number of particular acts,
v the penaltv incurred for I hi-- offense
e i< live shillings. There i< no idea conrl
veyed by the act itself that if a lailr
<?r ?ews on the Lord's day every
I stitch he takes is a separate offense;
1 or if a shoemaker or carpenter work
t? r ditlercut < ust<'int'i> it) different
1 in v o<i the same Suiuhiv. tlial those
m> niiinv separate ami distinct olI
uses. There ciin lie l>u 1 Mm* (>ntire
oli'ense on inn' and I lie same day.'
"This ease was cited and the principle
applied in holdinir a number of
suds ?f adultery to constitute but one
offense in ex parte Snow. The ar?ruinent
ayainst tliis const ruction of the
statute on the irround of Die inadequacy
of the fine of $1 (?> prevent (he
\ lolal ion of the law loses its force, in
view o I | he tact that the general assembly
has not seen fil to clinnire (he
penalty, tlioudi the judgment of Lord
Mansfield was rendered in 1777 and
that of the supreme court of the
I niled Stales in ISS7.
" Pile main question is whether the
sale or delivery id ice or fresh meat
to the residents of the town of Manninir
on Sunday is a work of neeessitv.
A work <>f necessity within the
meaniiur of the statute mav be that
hdior necessarv |o save the worker
himself from unforeseen and irreparable
loss, or il may he that necessary
lo the community. There is no evidence
t hat the sales or deliveries here
under consideration were made to
persons who had anv unusual or sudden
necessity for these articles.
"Th finest ion here is whelluM* such I
sales or deliveries mi Sundav are orilinarilv
necessarv to the people coustitutiii'i'
the municipal community of
the town of Mauniiur. Tt is impossible
to slate in the form of a lejjal
oroposit ion the decree of need or iuconvenience
which would amount to
necessity. Necessity is an (dastic
term. Tt does not mean thai which is
indispensable, 1ml il means soniclhin<_r
more than that which i< mcrclv needful
or desirable. Xo doubt :i I him:
which is merelv needful or desirable
to the resident < of a town mivlil be
a ueeessil v to the resulenls of a ureal
citv. So :ilso thai which was a luxiirv
a century airo mii?ht now have become
a necssilv. There is alwavs, however.
:i Iendencv, which oiejlil not to be
sanctioned, to clair accuslomed luxuries
as necessities, fallinir within the
exception of (he law.
"The obvious intention of the statute
is to s(>| anarl one dav for rest
fro>n ordinarv l dior, so as to ?_'ive opnortunit
v to nil five leisure and the
conl emi da I ion of the h i ? ' > #> r tl?in,.'is of
l'fe. This purpose would be defeated
if the court 1 1.1 hold over*- work a
necessitv, the int(M*rupt ion of which
would hrcl- into the nrd'imrv habits
of the communitv or produce a de"ree
of public inconvenience or discomfort.
Assuming that supplies
eonld not be laid in on Saturdav.
there is still no wound to sav il is a
t'rievons deprivation not to have ic(>
or fresh meal every dav in the week.
Discussion of the numerous authorities
is not necessary.
"So far as we can find, there is no
precedent for holding the continuance
on Sunday of ordinary sales or deliveries
of ice or fresh meat to he a work
of necessity in a town, and there it
no sound argument in favor of such a
conclusion.
" Hie judgment of this court is
that the judgment of (lie circuit court
be nflirmcd.''
THE NEWS OF PROSPERITY.
Schools to Open?Pastor Krcps Returns?Voice
Recital?Gleaners
to Give Dime Reading.
Prosperity, Sept. ?Mr. Cecil
\\ ycho, secretary to John Gary Kviiiis,
is at home for a few days.
Miss Cornelia Capers has returned
to Washington via llalesburj*.
The youn<r people displayed their
ingenuity in dress, ancient, mediaeval
and bizarre at a tacky party at the
home of Dr. C. T. Wyclie on Monday
evenintr. Miss Hcssic I'urton and Mr.
Mushnell Powers received the prizes
for the most appropriate costumes.
Miss Willie May and Master McFall
Wise are visiline their aunt,
Mrs. Kid'_'ell at Patesbnrjr
Mrs. I). T. Copcland. of Clinton, is
visit in*_' lier parent >.
Mr<. S. |). Duncan and Miss Nannie
Simpson have returned from New
York.
Mrs. Clarissa Pridees had the mis|
fortune to fall and break one of her
L
hip 1).nics Inst Thursday. Mrs. Bridges
i> Miic ol our oldesl and most esteemed
ladies and we all wish her a speedy
i I'M?>i at ion lo I it* i* wont i>d strength.
Miss May Leo Dane has returned
from Columbia. Her friends arc glad
to have 111*i* at homo again.
Miss Delia Bowers is in Columbia
(his week. Mrs. Ilowers is ra])idly
improving and will return home the
last of (he work.
Mrs. .Jam* Long, of (hi? county, has
been very ill ;it her home between
IVosperity and Newberry. The last
messages say she is somewhat belter.
Mrs. Bessie Lane has gone to llendersonville
to spend several weeks.
Mrs. Addie llodges who has been
spending the summer with Mrs. A. 1L
Hawkins, has returned to Clinton.
be\. M. (). ,1. Kreps has returned
from his vacation trip and there will
be services in (trace church morning
and evening, and Sunday school at
lour o clock. The public is cordially
invited to ;ill the services held there.
Mrs. White, of 'Savannah, is visiting
her parents. Mr. and Mrs. Moseley.
Mr. A. L. Black has returned from
I he northern markets after buying his
usual high class line of goods.
A rallier noticeable illust nil ion of
the slow, yet sure grinding of I he
mills of the gods was remarked here
on Hie 2!Mh when Wicli Mailman paid
his penally lo the avenging nemesis.
About nine years ago on the 20th of
August, and (he same day of the
week, Saturday, he shot and killed
Lee Aiken, a notorious character.
Misses Hcdcnhaugh and Folk visited
at Wise Hotel (his week.
Misses I >nrlon and (Soggans, of
Newberry, Long, of Texas, have been
visiting Miss Wyclie.
Don i lorget, children, lhal Monday
morning ushers in a new school year.
He on hand, bright and eariv^ for
there will be several nice new thing!'
to interest you.
Miss (Saga ret Leekie is visiting
Miss Thompson and Miss Kolin. Miss
Leekie is en route for Marion where
she will teach in the graded school.
We wish her as much success there
as she had while among us.
Mr. Werls, of Newberry, visited
Mr. (Seo. llrown this week.
Misses Lulie llnnt and Mary HIiza
Malum, of Newberry, visited Mr. A.
II. Kolin's family last week.
Mrs. Alice b'oberlsoM -ave -i most
entertaining voice recital at Mrs. .1.
L. Wise's on Tuesday afternoon. The
vocal numbers were interspersed with
instrumental numbers by Mrs.
llrowne.
On Saturday last Rev. Mr. Caldwell's
horse ran awav. tore up his
buggy and cui himself upon the
back. Mr. Caldwell sustained several
slight injuries.
Mr. Middlclou Wheeler, familiarly
known as <ll nele I'addie,'' had another
stroke (d paralysis on Mondav.
Very soon there will he a Dime
Heading at the auditorium by the
Lrace CSlcaners. Ily special request
the leddv Hears will be in evidence
again. Also the prominent men who
debated before will debate again on a
very vital subject and one particularly
interesting lo the fair sex. (and it's
"(d the suffrage question, either).
I he Keveries of a Hachelor" will he
presented realist ically by 15 or 20
young ladies and one forlorn (?)
gentleman. A livelv song from "The
Merr\ \\ idow will he snug and pantomimed,
besides a great nianv other
t hings.
Mr. .1. M. Werts has gone to Mounlville
to visit his father.
Mrs. K leek ley, of Bamberg, who
has been visiting Mr. .1. I). Quatllebaum's
family has gone to Henderson
ville.
"^ou were having a quarrel with
the prosecnling witness, were you
not ?" said the judge in an effort lo
straighten out a complicated ease.
<4()i wor," was the reply.
"And it was a verv severe quarrel?"
It wor. An' it kep' worser an'
worser.''
"Can you give me some idea of
how bad i t was ? ''
"Well, yer honor, at wan loine f)i
I ink il wor' most as bad as what's
been goin' on bechune the lawyers
inlhis case.''