The herald and news. (Newberry S.C.) 1903-1937, November 13, 1908, Image 1
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