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VOL XLV NO. 71 NEWBERRY, S. C.. FRIDAY, SEP'EMBER 4.1908. TIEAWE.$.0AYA DOUBLE TRAGEDY IN SENECA HOME WIDOW LADY SHOT TO DEATH BY J. F. HINKLE. Slayer Then Kills Himself-Had Been Persistent Suitor for Mrs. Anderson's Affections. Seneca, Sept. 2.-J. F. Hinkle shot and fatally wounded Mrs. E. L. An derson, a widow with three children, here at her home on Main street to day, between 1.30 and 2 o'clock, and then killed himself. Mrs. Anderson died at 7.20 tonight. .It is rumored that Mrs. A erson refused to marry Hinkle vid nis is said to have eaused the tragedy. Hinkle shot at Mrs. Anderson's daughter, Christine, once and then shot at Mrs. Anderson twice, and aft erwards shot himself once, the ball entering his head below the chin and passing through the roof of his mouth, lodging in the brain. He died instantly. One ball entered Mrs. Anderson's left side, passing through the abdo men, and one broke her right arm. Hinkle used a .44 Colt's pistol. Hinkle went into the room where Mrs. Anderson was sitting with sev eral boarders and said to her: "I would like to pay my beard," and asked her to come into the dining room, which she did. Upon her refus al to marry him he shot. her. Hinkle left three letters, one ad dressed to Dr.,Doyle of this city, one to the Atlanta Journal and one to the public. In Dr. Doyle's letter he re quested him to buv a cheap coffin and bury him beside his first wife in Sen eca cemetery. Mrs. Hughes of Richland. a sister of Mrs. Anderson, arrived about four hours before she died. Mrs. Ander son's brother, Dr. Cox of Pendleton, was also with her in her last hours. No funeral arrangements have yet been announced. The verdict of the coroner's jury is in acc'rdance with the above facts. Mrs. Anderson was a native of An derson county, wide and prominently connected. Another Account. The State. Walhalla, Sept. 2.-Coroner J. W. Holloman receiyed notice today at 2 o'clock to go to Seneca to investi gate a double tragedy, which occurred at Seneca, eight miles from here, shortly before 2 o'clock. The tragedy was one of the most h'arrowing Oconee has witnessed in years. J. F. Hinkle shot and mortal ly wounded Mrs. Emma L. Anderson, proprietress of the Anderson boarding house while they were in a conversa tion in the dining room of Mrs. An derson 's home, and as soon as he had committed the awful deed, Hinekle turned the weapon upon himself, fir ing point blank under his chin, the ball ranging upward and into the brain. Within a few minutes he had expired before having spoken to any one. Mrs. Anderson lingered until 8 o'clock tonight, wvhen she 'ed with out having regained consceousness. Hinckle fired three shots at Mrs. Anderson, one of which was warded off by her, one breaking her arm and the third, entering her body between the seventh and eighth ribs and com ing out at the back, crashing through her body close to the heart. Mrs. An derson ran from the room and was caught by some one as she fell mor tally wounded. It is stated the first shot fired was aimed at Mrs. Anderson's daugh-] ter, two of her children being in the room with her when she and Hinckle entered the room. Hinckle engaged Mrs. Anderson in a conversation un der the pretext of wishing to pay hisI board bill. It is understood that he had been a persistent suitor for Mrs. Anderson 's affection for some time and that todayv's tragedy w~as the cul-' mination .of her refusal to marry him. Several notes were left by him and are in the possession of Coroner Holloman, but thgeir conter.ts have not been made public. For a number of years Hinekle was policeman at Seneca and was well thought of. For some time he and Mrs. Anderson had been quite inti mate. She was a woman of beauty of face and figure and had many ad mirers. Jealousy and Mrs. Ander son's persistent refusal of him are generally thought to be the two prime factors that led to the murder and suicide. Hinckle was about 50 years of age and a widower, and Mrs. Anderson several years younger. Her husband has been dead about three years. WILL OF MISS ANNE E. RICE. Large Estate in Union County Soon to be Divided Among the Heirs. The State. Union, Sept. 2.-The will of Miss Anne E. Rice, who died, on August 6, and whidh makes disposition of one of t h largest estates ever left by any one in thie county, was filed today in the office of the probate .judge.' The estate is variously and con servatively estimated as worth from $300,000 to $350,000. The will was made on July 20, 1906, and under the provisions of the main body of the will, she liberally remembered practi cally all of her relations, giving good shares to her cousins and having it subdivided among their children. By a special provision in the codi cile of the will, made February 29, 1908, she generously bequeathed to Mrs. Evelina Rice, wife of Mr. S. M. Rice of this city, and Mrs. Agnes Jet et, wife of Dr. R. R. Jeter of Whit mire, one-fifth each of her entire es tate, in addition to the proportionate share that each would get under the main provision of the will. Under the usual procedure it is believed that this one-fift.h each which is given these ladies and which is generally be lieved will amount to $75,000 or $80, 000 is based on the entire estate be fore it is subdivided among the other legatees. She gave $10,000 to each of her first cousins. living at the time of her death other than -those mentioned and provided for in the body of the will. As for the rest of her property, real and personal, wherever- situated, it was given to her first cousins, Spen er M. Rice. Sr., and his brother, Wil liam G. Rice, both off whom died some months ago, and Mrs. Victoria S. Coleman, and to the children of her first cousins, Mary A. F. Rawis and Agnes McFie, both deceased: Spen er M. Rice and his brother, Win. G. Rice, and Mrs. Victoria S. Coleman to take one-fifth each: the children of Marv A. F. Rawles, one-fifth, and the children of Mrs. Agnes McFie one-fifth. In case of the death of any of the parties mentioned in this item of the will, it is provided that the child or children of such party or parties shall take the part. their par ent or parents would take if living. Full power is given by Miss Rice to her personal representatives to sell all of her real estate wherever situated and to make deed to same. She appointed as executors Capt. F. M. Farr, president of the Merchants' and Planters' bank of this city, and Mr. Win. Coleman. president of the (lennLowry Manufacturing company of Whitmire. These gentlemen quali fied this morning, Mr. Coleman leav ing shortly afterwards on the 9 o'clock train for North Carolina. It is known that Miss Rice, who in herited her pronerty from her broth er, Col. A. G. Rice. who died about sx years aeo. was possessed of from 12000 to 15,000 acres of fine farming land. consisting of plantations rang ing from 3 to 1.600 acres each and lo ated in Laurens. Newberry, Chester, Cherokee and Union counties, besides valuable property elsewhe: e. and that she was a large investor in the stock of the Glenn-Lowry Manufacturing company at Whitmire, of which coin pany Mr. William Coleman was the organizer and is now the head. Fine Tailoring. An expert representative of the fa mous Schloss tailors will be at Cope land Bros. today and tomorrow. Sep tember 4 and 5. You are invited to come and examine h]is pa:ttern~s and leave an order for your fall suit. THE SUNDAY LAW IS INTERPRETED Selling of Ice and Meat-Held to bi Violations of Old Common Law -Judge Prince is Sus tained. The supreme court has decided tha the sale of ice and meat on Sunda) is not a work of necessity and ii therefore in violation of section 500 501 and 502 of the code, which says "Section 500. No tradesman, arti ficer, workman, laborer or other per son whatsoever, shall do or exercis( any worldly labor, business or worl of their ordinary callings upon the Lord's day (commonly called the Sabbath) or any part thereof (worl of necessity or charity only excepted) and every person- being of the age of 15 years or.upwards, offending in the premises, shall, for every such of fense, forfeit the sum of $1. "See. 501. No person or persom whatsoever shall publicly cry, shov forth, or expose to sale any wares merchandise, fruit, herbs, goods of chattels whatsoever upon the Lord'< day, or any part thereof, upon pair that every person so offending shal: forfeit the same goods so cried o1 showed forth, or exposed to sale. "Sec. 502. No public sports or pas times, as bear-baiting, bull-baiting football playing, horse racing, inter ludes or common plays, or othei games, exercise, sports or pastimes. such as hunting, shooting, chasing game, or fishing, shall be used on the Lord's day by any person or persons whatsoever; and every person or per sons offending in any of the premises shall upon conviction be deemed guil ty of a misdemeanor, and be subject to fine not to exceed $50 or imprison ment not to exceed 30 days." The act referred to is probably the oidest on the statute books and' is in fact a copy of the colonial proclama tions issued in 1631, passed by the common council of this colony in 1712 and afterwards embodied in the statu tes when South Carolina became a State. The case wsa that of the State against William James of Manning and both sides appealed, the State on the ground that the magistrate before whom the case was tried, erred in al. lowing the three warrants issued tc be consolidated into one charge, and the defendant ori the ground that there was no case against James and that he had not violated the law. The ease was heard in the circuit court before Judge Prince, who decided that the magistrate was correct in his in* terpetation of the law and that he had not erred in consolidating the cases and on the evidence had not erred in fining him $1. William James sold ice and meal at Manning and according to his state ment delivered bouh to customers oni Snnday morning, although he testifi. ed that he had not violated the law, in that the goods were paid for on Saturday and that they were not sold except on physician 's prescription. A warrant was sworn out for his arrest on August 4. 1907. there being three cases. The defendant said that he had been delivering goods of this character for the past nine years. Judge Prince, after reviewing all of this, upholds the magistrate, stating that the delivery of ice or meat wa a violation of the section referred to, unless it be shown that it was an act of necessity or mercy. This was nol shown in the testimony. In conclusion. Judge Prince savs: ''The court is earnestly urged tc take jndicial notice of certain natural laws, such as that ice melts and fresli beef spoils quickly in hot wen4her. This is true, no doubt. but how dr these natural laws help defendant's ase? There is no e-vidence that by reason of poverty or misfortune any or all of defendant 's' customers were unable tr- furnish themselves with re frigerators of such ca-pacity as wvould preserve both ice and beef from Sat. urday over Sunday. Nor does the evidence at all show that there was a single customer who could not. by the exercise of but ordinary prudence and economic forsi!zht. have prepared himelf, at very moderate cost. for taking care of a sufficient quantity of bth iceandl fresh meat from Satur. day over Sunday. If this had been shown, it would not have availed. It seems to be conceded in argument of counsel that in the town of Manning, where defendant does business, he is authorized by ordinance to deliver ice and beef in summer time on Sunday, before 9 o'clock a. m., and this ordi nance is urged a:, a shield for defend ant. Such ordinance can not avail him. No municipal ordinance can le gally authorize what a statute for bids. "In conclusion, we may concede that, in modern life both ice and Iresh meats, however they may have been regarded in former days, are now nec essaries, but that will not justify their delivery on Sunday any more than the conceded fact that flour, meal, potatoes, rice, bacon and butter are necessaries will justify a grocer in opening his store and delivering such articles on Sunday. "Such being my views, I must over rule all of defendant's grounds of appeal, despite the very able and ex haustive argument of his counsel, which has very much impressed, but has failed to convince me. I can not hold that running a delivery wagon and delivering ice and fresh meat at the houses of the people on t.he Lord's day is work morally fit and proper to be done that day. Supreme Court Decision. The supreme court sustains the de cree of Judge Prince on every point. The court holds, in the decision writ ten by Justice Woods, that the sell ing or delivering of ice or meat on Sunday could not be termed an act of necessity. True, what might have been considered a luxury in one gen eration is a necessity in the next and there are many things that could be done on Sunday now that would have violated the law 50 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 nec essity or mercy should be done. The court holds that it should be careful in defining what are works of neces sity and mercy; that by a slight stretching of the terms of the statute almost anything might be deemed nec essary or merciful. Therefore so as the statute stands as it is it is best to consider the decision of the circuit court correct and it is affirmed. Just what effect this decision will 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, was convicted before a magistrate of the offense of violating the Sunday law, contained in criminal code, sec tion 500. The circnit court on appeal affirmed the judgment of the magis trate. "The defendant is a butcher and ice dealer in the town of Manning. He was arrested on three warrants charg ing three separate offenses of selling ice and meat and delivering ice and meat to three different persons; and carrying on his ordinary business by such sales and deliveries on Sunday, 4th August. 1907. "Contrary to the contention of the counsel for the prosecution the mag istrate ordered the three charges to be consolidated into one, holding whatever might be the number of sales and deliveries, as all were on the same day, they constituted but one doing or exercising wordly labor, business or work of the defendant 's ordinary calling, within the terms of the statute. Our statute is the same as the English statute. In deciding un der that statute the precise point her involved, Lord Mansfield said: "'On the construction of the act of parliament the offense is "exercis ing his ordinary trade on the Lord 's day, and t.hat without any fraction of a day, hours or minutes. It is but one entire offense, whether longer or shorter in point of duration. So whether it consists of one or a number of particular acts. the penalty incurred for this offense is five shillings. There iN no idea con veyed by the act itself that if a tail or sews on the Lord 's day every stitch he takes is a separate offense: or if ashoeaker or c-arpenter work f r i1ferenlt cst omer. at differeni t; ,1( n the same Suidar. that thosc a-e so mn, separate and distinct of f:ises. There ean he but one entirE offense on one and the same day.' "This case was cited and the prin. ciple applied in holding a number oI acts of adultery to constitute but onE offense in ex parte Snow. The argu ment against this construction of the statute on the ground of the inade quacy of the fine of $1 to prevent the violation of the law loses its force, ir view of the fact that the general as sembly has not seen fit to change the penalty, though the jud-"ment of Lord Mansfield was rendered in 1777 and that of the supreme court of the United States in 1887. "The main question is whether the sale or delivery of ice or fresh meal to the residents of the town of Man ning on Sunday is a work of. neces sity. A work of necessity within the ineaning of the statute may be thai labor necessary to save the workei himself from unforeseen and irrepar. able loss, or it may be- that necessary to the community. There is no evi dence that the sales or deliveries herE under consideration were made tc persons who had any ununal or sud den necessity for these articles. "The question here is whether suet sales or deliveries on Sunday are or dinarilv necessary to the people eon stitutine the municipal community of the town of Manning. It is impossi ble to state in the form of a legal nroposition the degree of need or in convenience which would amount tc necessity. Necessity is an elastic term. It does not mean that which is indispensable. but it means somethino more thAn that whieh is merely need fill or desirable. No doubt a thine which is merely needful or desirable to the residents of a town might be a necessity to the residents of a great city. So also that which was a luxury a century ago might now have become a neessitv. There is always. however, a tendencv, which ought not to be sanctioned, to clair accustomed luxu ries as necessities. falling within the ex(ention of the law. "The obvions intention of the sta tute is to set anart one day for rest from ordinary labor. so as to give .n norttmity to all for leisure and the contei-nnation of the high1er things of lit'e. This purpose would be defeated if the oonrt oala'l hold overv work a nepessitv, the interruption of which wouda bron into the ordinnry habits of the community or produce a de. oree of public inconvenience or dis. comfort. Assuming tha't supplies could not be laid in on Satnraav there is still no ground to say it is a grierons deprivation not to have ice or fresh meat every day in the week. Disen'ssion of the numerous authori ties is not necessary. "So far as we can find, there is no precedent for holding -the continuance on Sunday of ordinary sales or deliv eries of ice or fresh meat to be a work~ of necessity in a town, and there is no sound argument in favor of such a conclusion. "The judgment of this court is that the judgment of the circuit court be affirmed.'' THE NEWS or PROSPERITY. Schools to Open-Pastor Kreps Re turns-Voice Recital-Gleaners to Give Dime Reading. Prosperity, Sept. 3.-Mr. Cecil Wyche, secretary to John Gary Ev ans. is at home for a few days. Miss Cornelia Capers has returned to Washington via Batesburg. The young people displayed their ingenuity in dress, ancient. mediaeval and bizarre at a tacky party at the home of Dr. C. T. Wyche on Monday evening. Miss Bessie Burton and Mr. Bushnell Bowers received the prizes for the most appropriate costumes. Miss Willie May and Master Me Fall Wise are visiting their aunt, Mrs. TRigeli at Batesburg. Mrs. D. T. Copeland, of Clinton, is risiting her parents. Mrs. S. D. Duncan and Miss Nan ne Simpson have returncd from New York. Mrs. Clarissa Bridges had the mis frtune to fall and break one of her hip bones last Thursday. Mrs. Bridges is one tof our oldest and most esteemed ladies and we all wish her a speedy restoration to her wonted strength. Miss May Lee Barre has returned from Columbia. Her friends are glad to have her at home again. Miss Della Bowers is in Columbia this week. Mrs. Bowers is rapidly improving and will return home the last of the week. Mrs. Jane Long, of the county, has been very ill at her home between Prosperity and Newberry. The last messages say she is somewhat better. Mrs. Bessie Lane has gone to Hen dersonville to spend several weeks. Mrs. Addie Hodges who has been spending the summer with Mrs. A. H. Hawkins, has returned to Clinton. Rev. M. 0. J. Kreps has returned from his vacation trip and there will be services in Grace church morning and evening, and Sunday school at four o'clock. The public is cordially invited to all the services held there. Mrs. White, of Savannah, is visit ing her parents, Mr. and Mrs. Mose ley. Mr. A. L. Black has returned from the northern markets after buying his usual high class line of goods. A rather noticeable illustration of the slow, yet sure grinding of the mills of the gods was remarked here on the 29th when Rich Gallman paid his penalty to the avenging nemesis. About nine years ago on the 29th of August, and the same day of the week, Saturday, he shot and killed Lee Aiken, a notorious character. Misses Bedenbaugh and Folk visit ed at Wise Hotel this week. Misses Burton and Goggans, of Newberry, Long. of Texas, have been visiting Miss Wyche. Don't forget, children, that Monday morning ushers in a new school year. Be on hand, bright and earlvy for there will be several nice new things to interest you. Miss Gagaret Leckie is visiting. Miss Thompson and Miss Kohn. Miss Leckie 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. Werts, of Newberry, visited Mr. Geo. Brown this week. Misses Lulie Hunt and Mary Eliza Mahon. of Newberry, visited Mr. A. H. Kohn 's family last week. Mrs. Alice Robertson rave a most entertaining voice recital at Mrs. J. L. Wise's on Tuesday afternoon. The vocal numbers were interspersed with instrumenta'l numbers by Mrs. Browne. On Saturday last Rev. Mr. Cald well's horse ran away. tore up his buggy and cut himself upon the back. Mr. Caldwell sustained sever al slight injuries. Mr. Middleton Wheeler, familiarly known as "Uncle Paddie,'' had an other stroke of paralysis on Monday. Very soon there will be a Dime Reading at the auditorium by the Grace Gleaners. By special request the Teddy Bears will be in evidence again. Also the prominent men who debated before will debate again on a very vital subject and one particular ly interesting to the fair sex. (and it's not the suffrage question, either). "The Reveries of a Bachelor'' will be presented realistically by 15 or 20 young ladies and one forlorn (?) gentleman. A lively song from "The Merry Widow'' will be sung and pan tomimed, besides a great many other things. Mr. J. M. Werts has gone to Mount ville to visit his father. Mrs. Kleckley, of Bamberg, who has been visiting Mr. J. D. Quattle baum 's family has gone to Hender sonville. "You were having a quarrel with the prosecuting witness, were you not?'' said the judge in an effort to straighten out a complicated case. "Oi wor,'' was the reply. "And it was a very severe quar rel?'' "It wor. An' it kep' worser an' worser.'' "Can you give me some idea of how bad it was?'' "Well. yer honor, at wan toine Oi t'ink it wor' most as bad as what's been goin' on bechune the lawyers