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I jjlje ||erfllD and Jews. I VOL XLV NO. 01 NEWBERRY, 8. C.. FRI DAY. NOVEM BER 13. 1908. TWICE A WEEK. $1.50 A YEAR V IRBY'S SENTENCE THIRTY YEARS 1 MISS DEMPSEY'S ASSAILANT GETS LIMIT OF LAW. Spartanburg Court Room Jammed I With Spectators Anxious to Hear Proceedings. The State. Spartanburg, Nov. 11.?.John Trby, l colored, was convicted in the special f term of court this morning on the charge of assault with intent to ravish upon the person of Miss Leila Dempsev and was sentenced by .Judge | Schumpert to 30 years at hard labor ^ in the Slate penitentiary. Irbv was | carried to Columbia this afternoon by Deputy Sheriff Bccknell, who was escorted as far as Laurens by the Tranyham Guards, returning homeafter spending '24 hours in Spartanburg helping the Hampton Guards keep the peace and protect the negro i Trby from mob violence. The trial passed off (juicily and there was no sign of trouble at an\ time during the day. Trby was arraigned at 11.4.") and at 1.12 p. in. Judge Sehumperl passed sentence on | him. Long before the appointed time of the opening of court a large crowd gathered about the court Jiouse and the court yard. The corridors and hallways on the first and second floors of the court house were packj ed with men eager to see Irbv and hear the trial. Shortly before 10 o'clock a guard composed of five soldiers marched into the hallway on the second floor and began forcing the crowd down stairs. Only the jurymen and court oHicials were allowed in the court room, '''he squad of soldiers stood at the foot of the stairs with crossed bayonets and no one was allowed to pass. Organizing the Court. While the crowd remained down stairs wiilching the gales of the jail yard for a firs! glimpse of I he negro. Judge Schumpert and Solicitor Seasi were in the court room upstairs organizing the court. The grand jur\ was got together and Judge Schumpert gave them a short talk as to their duties. The petit jurors were got together and all the machinery ot the court put in good riming ordej. All I his look up considerable lime. Meanwhile the crowd down stairs began to get restless and on every side one could hear men talking of the vveonle being robbed of their rights by being kept out of the court room, a thing never heard of before. From sullcnness and restlessness the crowd changed 1 *? good liumoi and had quite a lot of fun jeering ai the soldiers and making all niannci of comment in a jacose way of the hoys in uniform. A I 1 0.I50 I he doors of the court room were opened and there was a iuigh.lv rush for the stairwav leading up stairs. The soldiers stood with crossed bayonets and tried to keep the crowd passing up tInsteps single file. Bui it was no use. Hundreds of strong, eager and determined men. pushing with might and main, were too much for five young men in uniform. The steps were jammed, and men were mashed up in I he press till they called out foi mercv, laughing in frenzied delight. Scuffling to keep their feet, and pushing the men ahead, the crown weul up I he steps. Court Room Filled. When I he court room was filled (o its capacity. Sheriff Xicholls ordered the soldiers at the door to let no more pass in. All who could not find seals on the inside were asked to move out. Seals were at a premium and il was surprising to see how small a surface big-bodied men could find a resting place. There were more people left on the outside of I he court room than there were on the inside. Ti was a most curious crowd. Everybody wanted the trial to begin. When the crowd rushed into the enurl room the grand jurv was out with I he indielmenl of Trby for assault willi intetnt to ravish and the indielmenl of murder against Klinore Wright the young man who is charged with having shol and killed A. G. Kirkendall a! Moores some weeks ago. in a few minutes the grand jury ma relied in. For each of the indiet incuts (liev had found a true bill, j I hey were handed two other indie.lments in smaller charges and again retired to the room. The judge oi*dered that lrby and Wright he brought into the court. Prisoners Enter Court. Kxactly a.t 1 l.UO o'clock lrby anil Wright were brought in between liles oL' soldiers. The entire company ol! the Hampton (Inards and the 'I raynhatn (inards accompanied them, lrby was placed a I the desk next 1 ?< the one occupied by Solicitor Sense. | lie * I id not seem disconcerted 01 Frightened in the least. The soldier.-, stood up around the railing which enclosed the bar. It was an imposing sight to see so many uniformed men in the court room with weapons iii their hands ready lor service but it was a necessary precaution. Judge Schumperl made a short talk before arraigning lrby. lie said that he knew nothing of the presence of the militia until upon his arrival, that they were not there by his orders. but by the order of the governor that the majesty of I lie law mighi be upheld, lie said that lie had not regarded il necessary to have I he militia. "And I do not now so regard it as a necessary precaution,'' said the judge. "These soldiers an oL our own llesli and blood and tintask they are called upon to perform is an unpleasant one to them. "When an appeal is made from this bench," he continued, "I know that il will be respected. 1 have contidence in the law-abiding citizens ol Spartanburg county, and Mr. Sherift, 1 wish you woul'.' have the soldier* dismissed from the court room." Judge Schumpert Cheered. I he crowd cheered .Judge Sebumpert voeiIerously. He"* called for older and said that lie had not intended to make a political speech, but wa? simply appealing lo the patriotism and courage of the people of Spartanburg county. He said the soldiers had sacrificed much to answer llu j call ol duty and lie fell for them* He I remarked that he lurll heard of some, of them even losing their positions because they defended the negro lrby, and passed it up by saying thai il lie had to deal with the men who discharged them they would be given their deserts. At .11.4") Irbv was arraigned. Mar.\ lrby, his wife, stood beside the prisoner's dock. When Olcvk Trim* mier read the indictment and thinnest ion was put. "Are you guilty?' Irbv answered: " Not guilty." Ho said he was ready for trial. When asked if he wanted an attorney, In replied that he did not know what that was. When asked if he wanted lo see any one he said: "1 waul to j see mv daddy." I'eter lrby, the father of the prisoner, was called and in a few minutes a respectable looking old colored man appeared beside the prisoner's dock. A close consultation ensued between father and son. Lawyer Named for lrby. Judge Schumpert said that the court had no power in such cases lo appoint an attorney to defend the prisoner, but that owing to the prevailing excitement he would ask that, j ('apt. Win. Mcdowan and Mr. Ji. M. ('autre!! act as counsel for lrby and I see that he got a fsiir trial. Mr. C'anItrell was absent and ('apt. Mcdowan | asked to be excused. He said that he had been brought up on such cases and that he I bought lie had done his full share along that line, lie said that he fell so strongly in the mallei j that he was sure he could no| do j justice by the negro, lie said that I in this he was not influenced by what j had been said in the newspapers oi j been scattered about in printed form |on the streets. Judge Schumpert re; called an experience in which he was ( put very much in the same fix as Mi. jMcffowan. He said that he hail been I called on to defend a parlv when lie, I j had expressed himself strongly i against him and had even been inter! viewed by a newspaper reporter the j j day before. With Ibis and like perj suasives, ('apt. McOowan gracefullv I acceded and promised to act as connj sel for I he defendant. At I his point Klmore Wright was j arraigned for the murder of A. f). (Continued on page three). THE NEWS OF PROSPERITY. i The Lutheran Synod Adjourns? 1 Death of Mr. Monroe Wicker?Personal. i Prosperity, Nov. 12.?Hew and i Mrs. Caldwell, of Woodruff, were the ; quests til Rev. Ira Caldwell on their I return from the A. K. I\ synod at < Newberry. s ' ?' I ?-iehin:,n Wis.- has elcsed his < cotton season al Swansea and will Bepnd the month of Novemh-T i home. ^ I Miss Iii/.zie l)ielier, of Irino, has ; heen on a visit to Miss Delia Bowers. Dr. Hunter went up to Clemson < college Sunday. lie was accompau- I iod home hy his father. I M:ss Rosa (. rosson and Mi s Vie- < toria are with Mr. John C rosson's > family. n Dr. and Mrs. llallm an returned In I Spartanburg Monday, after a very happy week spent among their v friends and former parislioners. t Mrs. Kolin and Mrs. Lizzie Young c went to Columbia to see Mrs. Wise i u lhi> week. Mrs. Wise is improving 1 a'?d will ho home before long. C Tiio announcement early Sunday morning of the death of Mr. Monroe! I' \\ ieker. one of our suburban resi- ' l dents was an entire shock to his | < friends. On Saturday afternoon he j i was on the streets seemingly enjoying , | his wonted health. Mr. Wicker was 1 e possessed of many noble qualities, \ and he will be greatly missed, for i Iruly ''An houes( mat> is the noblest f woi'K of Clod.'' Me was an aggres- I sive, progressive farmer, and one | wiio knew how 'to make two blades of I gross grow where only one grew I before.' In lii< early manhood lie 1 i: was happily married to Miss Sallie j Cook. He is survived by his wife and ! two brothers, Messrs. .Jefferson anil I'ickney Wicker. ^ Mr. John Pat Wise spent Sundas | :i! home. Miss Marie Latlian visited M r<g ! Harmon over Sunday. Miss Dolly Davis, of St. Luke's, s is visiting Mrs. A. II. Hawkins. n Messrs. filing, \ ounce, Isester and n Lown. of Newberry college, visited v Messrs. Kolin last week. 1 Mis* Minnie Ilussuy, who has been | at Mr. K. (). Counts', lias returned t to Columbia. Mr. Young Brown, of Rrskine col- j, lege, spent several days of last week s with his parents. ?j I he graded school enjoyed a rare c treat Thursday morning when they w were j.ddressed by Rev. ft. C. Welt- e ner. This genial man is a noble oh- I; ;e-.*t lesson to children, for he has n been blind ever sime his yoiuiLf manhood, but despite this deprivation, l he is entertaining, witty, humorous,t! and in addition is an inipersonatei ii and minic of inusual ability. The s; children and friends present were so (dated over his laughable sayings, n his ludicrous inolions, and rare imitations of musical instruments Iha' |j they begged his speedy return. We j] are glad to announce that in the neai |, future he will give a humorous lee- j. lure al the auditorium under the auspices of "({race Cleaners. " j. Rev. J. B. Bass, of New Br >ol.- i, land, delivered a forceful sermon at \ the Baptist elmrch on Monday even- !|, ing. On Tuesdav at II a. in. a fine i f talk on Suudav school work in ifs I w manifold phases was given hv Rev w J. I). Moore, of Columbia. I| was | announced that Rev. Mr. Fowler, of ;1 Clinton will begin an evangelistic f series ol meetings here on Monday :1 night Nov. 17. All den oninations .are invited to participate with the Baptist in these services and the pub- |, lie i< cordially inviled. I, Mrs. Barret, of Augusta, Ha., is c visiting Rev. Mr. Krep's familv. t Mr. Leonard Sense, of the count\, r spent last week wilTi his dangh'ei, Mrs. Stoudemire. c Mi sses Clara (libson and Willie I c Mav Wise are home from Winthroj. w college. a Mr. S. S. Birue and Master Heorg'-it! Wis? spent several days in Columbia j 'I this week. ie M r. Joe Carmichael, of Cavuta. I Ha., spent last week in Prosperity j t; and vicinity, with relatives :>nd ' i friends. j|l Rev. Mr. Is reps and Dr. Hunter at- " tended the executive committee moe'-) w n?r at Columbia. Mrs. Sarnie Moore, of Zion, is a? Mr. I?ol)l. I'null's. I lie lon?f-lookcd-forward-to contentions of Christian workers have onvencd. and (hey have <rone. lint ii I heir wake linger many memories mil 1 lie waves of influence for good hey set in motion, we hope, will roll >n ami on ami break onlv on the Innes of eternity. No town or ei!\, 'specially our wide-awake, responsive Prosperity, could hni feed Ilia: t h;is been the recipient of a urea:. a\or. Nay eveubles disguised md undisguised. We were ?>H.l |o >|"'ii onr homes to the consecrated nltnred (lowers of I he church, and lie kindness done is more than re aid already by the vain? reccivpfl >1" their enthusiasm ami ? oodwill. A'e. coiii-ralulate Lexington upon the :ood tortune of having synod within icr nates in I00!). We cannot refrain from adding :i ^ o id concern inir (lie appreciation oui hurcli received. Some one aptlv ailed it "a symphony in while and "' b" Ami many have obtained deas here lor their contemplated lunches ami memorial windows. The loir, too, deserves a word of praise, 1> I ait h I ill a 11 end nice and h-?allul renditions o| anthems ;iud ot ht music. To Mr- Alice Ifohe." ?.m s due much of the credit for (lie deasnrc tin' sinirini*- afforded. The loqneni. masterly sermons to which ve .iT.ive undivided at teat ion even liyhl must surely prove verv help. "I t<> us in onr moments of serious honiiht and necessary trials. T'kdeasure of entertainiutr the couvenion ami synod is exceeded onlv h\ he rare yood derived (herefrom. It * a irood thin rr# MANY TAILORS DECEIVED lore Than One Thousand Exclusive Samples Get Into the Wrong Hands. A piece ot cardboard covered with ((iiare samples of woollen cloths for nen s ;iml women's suitings miirhl ot seem to t lie average man ;i verv j aluahle article, \-? t elaborate schemes i> ?iet hold of such sample cards are 'binned * and sometimes carried hroufrli. I A couple arrived recently at the i est of the Philadelphia hotels and et out to visit all the leadim* tailors, he man wanted a winter outfit of a omprehensive character, while the 'oman was just as interested in aeuiuulalinu: a winter wardrobe of the ii i Ii * i* made variety. Ocenpvins; larjjc "oms in the hotel, there was no reati to believe that the Iwo were anyiiinsr other than tliev represented liemselves. So when they trave the umber <if their suite in the hotel (he 1 tuples were forthcoming. After several days had oassed wit lint the expected orders lite tailors bean to send to the hotel for infortnaion. The answer returned was that lie two had fjivon up their rooms and It I he day before. N'o samples were ? be found. The number of inquiries became so irire that they were refeired bv the oiel clerk to police headquarter.*, lore than 1,000 samples of cloth had een sent by the tailors lo the couple, n vestijra t ion showed their purpose h- n in I'.t I5r.> <| t, eet slal ion 'ere found two wooden packages hey had checked there. The packires were filled with sample cards roni which the cloth had been lorn way. The couple had succeeded in ac- i *iirin?r possession of the best sarnies of the firms that deal in the iyh class exclusive patterns. Of ourse, they will sell their patterns to lie cheaper firms that endeavor lo ( produce them. I*'veil a bolder effort lo yet the exlusive samples is reported from Chiajfo. There two men rented a store in 'Inch to open a tailoring business of hiirh priced character and sent lo lie ma mi fact u rers for their samples, lie samples were sent, but no orders vcr came in. Later inquiry from the tnnnnfnc-1 iters showed that the firm had pot ! 0 f irPmr in it- career tlrm taking 1 ' e store for a month. ll< ol-jcct was j 1 "Mi when some of the best de-n^ns ere turned out by the cheap mills. ' EX-SENATOR CORMACK , SLAIN IN THE STREE1 KILLED BY ROBIN COOPER, SO* OF A POLITICAL ADVERSARY Editorial Attacks Cause of Shootinj ?Brilliant Tennesseean Perishes in Pistol Battle on Seventh Avenue, Nashville. Nashville, Tenn., Nov. J>.? As a so <|uel Id (lie recent bitterly eontestei I >emocrat ie primary (\?r l lie jruberna torial nominal ion in Tennessee, Hon Edward \\ ard Carmack, former lull c<l SI a I os senator from Tennessee was shot and killed in a street dm* here this afternoon Iiv Kohin Coopei a youiiff attorney. ounji' Cooper was wounded in the shoulder by a bulle from Carmack's revolver and is to niuflil under pidiee surveillance in ; local hospital. 11 is condition is im! serious. ( annack was wounded |hree lime* in the neck, the Incasl and the lel'l shoulder. Col. l)nncan I >. Coopei lather ol the younjr man. was will his son during the a (Tray, but did nol fire a shot. h is said he stood l>\ with pistol in hand. He is detainei loniti'hl at police hcad<|uarters. I he direct cause of the killinu' is ; recent series of editorials in the Ten nesseeau. a daily paper of which Mr I ('annack became editor after his de teal for the nomination for uoveruot The editorials in <|uestiou had heei vigorous in their comment on Col, ( ooper and his alleged conucctini with what Mr. ''annack leriued tin " Democratie machine" and it.melhods. t'ol. ('ooper, who is well known in business, newspaper ami political circles in Tennessee, il i> said had notified Mr. ('annack thai the references |o him must cease A no| her such ed i I oria I appea red I li i> moruin.ir. Close and Deadly Combat. I he men louiHit at (dose ((iiarler.and there were hul few witnesses. Il was past I o'clock in I he dusk of th< afternoon. Tlicv met on Seventli avenue, north, directly in front ol the I'olk Mats, a faschiouahlc departmeirl house. Mr. C.arinack had .just lifted his hal to Mrs. Charles H Eastman, a friend, who was passing, Tn a moment the firinir bejran ami Mrs. Eastman was a horrified witnes* at (dose ramre. So close was sin that one oi the Coopers is said t< have chained ('annack wirh heinu ;< "oward ami hi<Ii11behind a womnn. Cooper's friends charge that Carmack tired the lirst shot, hut llii dead man's friend- stoutly orolesi that hi* opponent was tin- firs) h shoo I. I lie t raii'edy created the most in tense exciloniciil throughout the eif\ and within a short lime I he streets in tiie iiciis'iihorhood were thromred, A statement issued hy friends ,>t I he Coopers tonight says I hat Col. Cooper had recently talked with E. A. ( raiir ol ('hal tanooira, a cToai: friend id Mr. Carmack, rejjardinjj I he I ennesseeari editorials. C^l Cooper had told Craitr, t'he slalemeni says, ih.it lie wanted the reference;lo himself stopped, rhal lie was a private cili/.en and ('arma(d< had m> ri.Ufhl lo di>cuss Ins affair- in |)n manner lie had adopted. Mr. Craiu, it is said, saw Mr. Carmack about tin matter and reported thai Carmack would consent to no relations with (ooper. Mr. Craijf, however, is said to have expressed III" opinion tliai the editorial references would cease. Cooper had a letter which lie desired to send ( annack, hut friends advised against it and urired him to lake no Mioticc of (he editorial this mnruiuu. Slion I v alter this convcrsal 10 i ? ! Cooper and his friends, (he former was requested, I lie slatemeut says, b\ < iov. Pal I erson lo come to the executive mansion, which is on Seventh avenue, north, for consult at ion on a mailer not connect ed with Carmack 'nd to In-intr with him Austin lVa\, chairman of the Democratic Stale comrnil lee. Advised to Avoid Meeting. After the appointment was made, continues the statement, James C. I bad ford and Hen. Tillcv lb-own ajfain referred lo I he Carmack matter and advised Col. Cooper nol to # j -<? on I lit* si roots in such direct ions as would make probable a meeting [ Willi Mr. ('arinaek. To this Col. Cooper assented. lie aml his son, Robin, then loll the ollioo t? go to tliu governor's mansion. To avoid any possible mooting with Mr. Carmack I luiy wont through I ho Arcade and up I through Union strool to Seventh ave, nuo. north. Their purpose in taking this route was to avoid mooting on I lie streets. "Col. Cooper and bis sou wont through I ho Aieardo, through Summer, thou lit Union, ami up Union to Sovonth avenue, north. Turning in t<> Seventh avenue, Col. Cooper and bis son saw Mr. Carmnek walking np S< \outb avenue, north, going 1 north on the west side of (he street. ' 'bo direel ion of CMJ. Cooper and his son. though on the opposite sido ol (he street from t'liem. < o|. Cooper thereupon said ho 1 would go over and speak with Mr. 1 Carmark and see if he would not; .igi ee to slop making the auuoving . newspaper attacks on him. f The Fatal Shot, "Col. Cooper walked across the ' -Ireel ;;i?i>roacli ?i Mr. Cannae.k. r who was coming facing him at tin? time. Col. Cooper had jus| begun to I speak Willi Mr. Carmack when Mr. Carmack drew his pistol ami began ? tr.vie:*- ' <'ir.' K. w I... . passii.g |;i(|y was belween Mr. Carmack and Col. I oopor and his son. who had run over when Mr. Carmack began to draw his pi>lol. ft is said I hat Col. Cooper asked Mr. Carmack to come from behind I he lad v. when Mr. Carmaok i j thereupon fired two shots, both striking Robin < "ooper, who had in< tervencd in his father's protection. 1 'I"'11 it was, after being shot, that I Robin Cooper filed (he fatal slmr, ' Col. Cooper never using a pistol ar I all. '' < 'id. ('ooper refused I msent r . - any effort being made to secure hi-, release upon bond for the present. He said, it is understood, that he do. *ired the matter thoroughly investigated so thai it might be seen ||,a| lie w,is entitled to bond bo fori* he api plied for it. " l.aps (i. McCord. dr.. citv editoi "I The TcMMesx ean. . i . ! a, ing. "Several friends of the senator . bad advised him to be careful mid to all ol those admonitions the senator I replied that lie did not intend to show the ' while feather.* " Mr. McCord also said that in repl\. ing to I hose admonitions Mr. Caimaek had remarked thai lie did nor think Col. Cooper intended to barn, him. As soon as Senator Carmack fell ' ? the edge of | he street curbin" Col. Cooper put his arm around Robin ?'ooper, and liotli walked a few fV,-r down Seventh avenue to |)r. |{. Q ' 'orl's office. where the slight wound in Robin's shoulder was treated. Carmack's Pistol Found. An ambulance carried the bo.lv of Mr. Carmack to an undertaking establishment. The pistol of Mr. Carmark was found lying at his side Wil li | wo chambers empty and it was turned over |o an officer. Toung Cooper was later carried to a hospital, and Col. Cooper is held an l">lb-o heqaduarler,. Robin Cooper is an allornev ami nnma: n.-d. 11,. ;; JT vears old. I?r. Mcl'liooters Clasgo.v. who arlived at the scene soon after the I raised v occurred, said tonight : " I found t he bo.lv of Mr. Carmack Ivieg on the right side of Seventh avas one walks to Church sfroofIn.in Cuion sired. Me was lying will) Ins head facing north and with bis right arm under his head. His ( pistol was lying just ..M| ,,f the reach of his right hand and the weapon wa> l pointing south. A? evening paper I was K ing jus| out of his left hand which held (he stump of a ci??-n . which was crushed. I immediately j summoned an ambulance and had the j body c 'rrie.1 to ||?. undertaking o-.jlaldishmeul of Finley M. Dorris. The | b 'dv was without si?us of life when j J0"'"' mo and ai.peared |0 have been su for about five minutes. Three Wounds. ' There were three bullels in the 1,0,1 v y]r- Carmack. One entered "" Jbe left side abont two ,?d onehalf inches below the left nipple and jnst a short, distance below the heart