The herald and news. (Newberry S.C.) 1903-1937, September 04, 1908, Image 1
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