Historical Newspapers of South Carolina

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VNBCYE8A1tro.50A VO'L XLV. NO, 91 NEWBERRY, S. C.. FRIDAY, NOVEMBER 13, 1908. TIEAWE.$.0AYA IRBY'S SENTENCE THIRTY YEARS MISS DEMPSEY'S ASSAILANT GETS LIMIT OF LAW. Spartanburg Court Room Jammed With Spectators Anxious to Hear Proceedings. The State. Spartanburg, Nov. 11.-John Irby, colored, was convicted in the special term of court this morning on the charge of assault with intent to ra vish upon the person of Miss Leila Dempsey and was sentenced by Judge Schumpert to 30 years at hard labor in the State penitentiary. Irby was carried to Columbia this afternoon by Deputy Sheriff Becknell, who was es corted as far as Laurens by the Tranyham Guards, returning home after spending 24 hours in Spartan burg helping the Hampton Guards keep the peace and protect the negro Irby from mob violence. The trial passed off quietly and there was no sign of trouble at any time during the day. Irby was ar raigned at 11.45 and at 1.12 p. m. Judge Schumpert passed sentence on him. Long before the appointed time of the opening of court a large crowd gathered about the court house and the court yard. - The corridors and hallways on the first and second floors of the court house were pack ed with men eager to see Irby 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 officials were al lowed in the court room. The 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 dowt, stairs watching the gates of the jail yard for a first glimpse of the negro. Judge Schumpert and Solicitor Seast were in the court room uipstairs or ganizing the court. The grand jury was got together and Judge Schum pert 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 runing ordei. All this took up considerable time. Meanwhile the crowd down stairs be gan to get restless and on every side one could hear men talking of the neonle being robbed of their rights by being kept out of the court room, a thing never heard of before. From sullenness and restlessness the crowd changed to good humot and had quite a lot of fun jeering at the soldiers and making all mannet of comment in a jaeose way of the boys in uniform. At 10.30 the doors of the court room were opened and there was a migh.ty rush for the stair way leading up stairs. The soldiers stood with crossed bayonets and triea to keep the crowd passing up the steps single file. But it was no use. Hundreds of strong, easer a-nd deter mined men. pushing with might and main, were too much for five young men in uniform. The steps were jammed. and men were niashed up in1 the press till they called out foi mercy, laugh-ing in frenzied delight. *Scuffling to keep their feet. and pushing the men ahead, the crowad wvent up the steps. Court Room Filled. When the court room was filled to its capacity, Sheriff Nicholls ordered the soldiers at the door to let no more pass in. All who could not find seats on the inside were asked to move out. Seats wer:- at a premiuni and it was surprising to see how small a surface big-bodied men coula find a resting place. There were more people left on the outside of the court room than there were on the inside. It was a most curious crowd. Every body wanted the trial to begin. When the crowd rushed into the court room the grand jury was out with the indictment of Irby for as sault with intetnt to ravish and the indictment of murder against Elmore Wright the young nian who is charg ed with having shot and killed A. (*. Kirkendall at Moores some weeks ago In a few minutes the grand jury marched in. For each of the i dietients they had found a true bi They were handed two other indic ments in smaller charges and aga retired to the room. The judge o dered that Irbv and Wright I brought into the court. Prisoners Enter Court. Exactly at 11.30 o'clock Irby al Wright were brought in betwe files of soldiers. The entire compar of the Hampton Guards and tl Travnham Guards accompanied ther Irby was placed at the desk next i the one occupied by Solicitor Seas He did not seem disconcerted frightened in the least. The soldie: stood up around the railing whi( enclosed the bar. It was an imposi sight to see so many uniformed m in the court room with weapons j their hands ready for service but was a necessary precaution. Judge Schumpert made a sho: talk before arraigning Irby. He sai that he knew nothing of the presen< of the militia until upon his arriva that they were not there by his o: ders, but by .the order of the gove: nor that the majesty of the law migl be upheld. He said that he had n< regarded it necessary to have th militia. "'And I do not now so ri gard it as a necessary precaution, said the judge. "These soldiers ai of our own flesh and blood and tli Itask they are called upon to perfori is an unpleasant one to them. "When an appeal is made froi this bench.'' he continued, "I kno that it will be respected. I have cor fidence in the law-abiding citizens c Spartanburg county, and Mr. Sherif I wish you would have the soldiei dismissed from the court room." Judge Schumpert Cheered. The crowd cheer'ed Judge Schun pert vociferously. Helcalled for oi der and said that he had not intenc ed to make a political speech. but wa simply appealing to the patriotisr and courage of the people of Spai tanbuig county. He said the soldier had sacrificed much to answer th call of duty and he felt for them. R remarked that he haC heard of som of them even losing their position because they defended the negro,i by. and passed it ip by saying tha if he had to deal with the men wh discharged them they would be give their deserts. A t 11.45 Irby was arraigned. Mar Irby, his wife, stood beside the pri~ oner 's dock. When Clerk Trin mier read the indictment and th question was put. "Are you guilty?~ Irbv answvered: "Not guilty.'' R said he was ready for trial. Whe asked if he wanted an attorney, h replied that he did not know wha that was. When asked if he wante, to see any one he said: "I want t see my daddy.'' Peter Irby, the fatt er of the prisoner, was called and i a few minutes a respectable lookin old colored man appeared beside th prisoner's dock.' A close consults tion ensued between fa.ther and sor Lawyer Named for Irby. Judge Schumpert said that th court had no power in such cases t appoint an attorney to defend th prisoner, but that owing to the pr railing excitement he would ask tha Capt. Win. McGowan and Mr. L. IV Cantrell act as counsel for Irby an see that he gzot a fair trial. Mr. Car trell was absent and Capt. McGowa asked to be excused. He said that h had been brought up on such case andi that he thought he had done hi full share along that line. He sai that he felt so strongly in the matte that he was sure he could not d justice by the negro. He said tha in this he was not influenced by who had been .said in the newspapers been scat.tered about in printed forn on the streets. Judge Schumpert rn called an exoerienee in which he we~ put very much in th'e same fix as Ml MGowan. He said that he had bee called on to defend a p)arty when lh had exnressed himself strong] agninst him and had even been intei viewed by a newspalper reporter .th2 day bhefore. With this and like pe suasives. Capt. McGowan gracefull acceded1 and promised to aet as cour sel for the defendant. IAt this point Elmore W\right we arraigned for thle murder of A. ( (tnued on page three). a- THE NEWS OF PROSPERITY. The Lutheran Synod Adjourns in Death of Mr. Monroe Wick t- fer-Personal. Prosperity, Nov. 12.-Rev. and Mrs. Caldwell, of Woodruff, were the 4 guests of Rev. Ira Caldwell on their I III return from the A. R. P. synod at SNewberry. ie ! [ichm:ni Wis- has elcsed his I i. cotton season at Swansea and will : sepnd the month of Novemhr i e.home.1 h Miss Lizzie Dieher, of Irmo, has i '- been on a visit to Miss Della Bowers. ll Dr. Hunter went. up to Clemson 40 college Sunday. He was accompan ! ied home by his father. i Shss Rosa Crosson an4 Mi s Vi c it toria are with Mr. John Crosson's family. t Dr. and Mrs. Hallman returned to I a Spartanburg Monday, after a very e happy week spent among their 1, friends and former parishoners. - Mrs. Kohn and Mrs. Lizzie Young e- went to Columbia to see Mrs. Wise L it this week. Mrs. Wise is improving i o. a-d vill be home before long. C e The announcement early Sunday - moniing -of the death of Mr. Monroe Wicker, one of our suburban resi- t e dents was an entire shock to his e friends. On Saturday afternoon he i h was on the streets seemingly enjoyirg I bis wonted health. Mr. Wicker was e h possessed of many noble qualities, x and he will be greatly 'missed, for I truly "An honest mav is -the noblest f t work of God." He was an aggres- t t, ive, progressive farmer, and one y s who knew how 'to make two blades of t grass grow where only one grew It before.' In his early manhood he i %was happily married to Miss Sallie Cook. He is survived by his wife and two brothers, Messrs. Jefferson ani Pickney Wicker. ML7. John Pat Wise spent Sunday at hom-e. Miss Mrie Lathan visited Mr , Harmon over Sunday. - Miss Dolly Davis, of St. Luke's, s ei visiting Mrs. A. H. Hawkins. r1 Messrs. Young, Younce. Kester and n Lown. of Newberry college. visited v Messrs. Kohn last week. t - Miss Minnie Hussuy, who has been p at Mr. E. 0. Counts', has returned t to Columbia. Mr. Young Brown, of Erskine col- b lege, spent several days of last week s -with his parents. SThe graded school enjoyed a rare e -treat Thursday morning when they y a were i.ddressed by Rev. E. C. Welt- e :i ner. This genial man is a noble ob- t e jeet lessen to children, for he hasf r i been blind ever since his youing man 1 hood, but despite this deprivation, Jt L' he is entertaining, witty, humorous, t -- and in addition is an impersonate1 n a and minic of unusual ability. The s Schildren and friends present were so e elated over his laughabIe sayings, o -his ludierous motions. and rare imita tions of musical instruments than they begged is speedy return. We~ t are glad to announce that in the near 3 future lie will give a humorous lee -t ture at the auditorium under the aus-I piees of ''Grace (i!eaners.''" S Rev. J. B. Bass, of New Brook- h land, delivered a foreeful sermon at 3 the Baptist' chureh on Monday even-b -ing. On Tuesday at 11 a. m. a fine iJ talk on Sunday school work in its y e manifold phases was given by Rev. 2 J. D. Moore, of Columbia. It wast Sannounced that Rev. Mr. Fowler, of a SClinton will begin an evangelistie f series of meetings here on Monday a night Nov. 17. All dIen.ominations .a~re invited to participate with the - Baptist in these services and the piub- p lie ia c ordially invited. I S Mr's. Barret. of Augusta, Ga., is e visiting Rev. Mr. Krep's family. t *Mr. Leonard Senise, of the county, r .spent last week witai his daughiten 1 Mrs. Stoudemire.I e Misses Clara Gibson and Willie I v May~ Wise are home from Winthrop -college.K e Mr. S. S. Birgte and Master George, t . Wis spen1t several days in Columbi:t v this week.I i M. Joe Carmichael, of Cavuta. a., spent last week in Prosperity -and vicinity, with re'latives 11nd . friends.I .. Rev. Mr. Kreps and Dr. Hunter at tended the nenctie committee mee.-v BX-SENATOR CORMACK SLAIN IN THE STREET KILLED BY ROBIN COOPER, SON OF .A POLITICAL ADVERSARY 3ditorial Attacks Cause of Shooting -Brilliant Tennesseean Perishes in Pistol Battle on Seventh Avenue, Nashville. Nashville, Tenn., Nov. 9.-As a se jnel to the recent bitterly contested )emocratic primary for the guberna orial nomination in Tennessee, Hon. dward Ward Carmack, former Unit d States senator from Tennessee, vas shot and killed in a street duel ere this afternoon by Robin CoopeL, yoting atturney. Young Cooper wab vounded in the shoulder by a bullet rom Carmack's revolver and is to tight under police surveillance in a ocal hospital. His condition is not erions. - Carmack was wounded three .times. n the neck, the breast and the left houlder. Col. Duncan B. Coopei, 'ather of the young man, was with is son during the affray, but did-not ire a shot. It is said he stood by ;i,th pistol in hand. He is detained onight at police headquarters. The direct cause of the killing is a ecent series of editorials in the Ten esseean. a daily paper of which Mr. armack became editor after his de eat for the nomination for governor. he editorials in question had been igorous in their comment on Col. ooper and his alleged connection rith what Mr. Carmack termed the 'Democratic machine" and its ethods. CoI. Cooper, who is weli nown in business, newspaper and olitical circles in Tennessee, it is aid ha-d notified Mr. Carmack that he references to him must cease. Mnother such editorial appeared this iornnlz. Close and Deadly Combat. The men fought at close quarters nd there were but few witnesses. It as past 4 o'clock in the dusk of the fternoon. They met on Seventh venue, north, directly in front of lie Polk flats. a faschionable depart ient house. Mr. Carmack had just fted his hat to Mrs. Charles R. :stman, a friend, who was passing. n a moment the firing began and frs. Eastman was a horrified witness t close range. So close was shre h.at one of the Coopers is said to ave charged Carmaek wit'h being a rward and hiding' behind a womnat. 'oper 's friends charge that Car ack fired the first shot, but the end man's friend.s stoutly nrotest bat, his opponent was 'the first to boot. The tragedy "breated the most ifl anse excitement throughout the city ndl within a short time the streets 1 the neighborhood were thronged. A statement issued by friends ot he Coopers tonight says that Cot. ooper had recently talked with E. eCraig of Chattanoga, a close riend of Mr. Carmack, regarding 'he Tennesseeant editorials.. Col 'ooper had told Craig, t'he statemrent ays, that lie wanted the references r himself stopped, that he was a1 rivate citizen and Carmack had ma ight to discuss his affairs in the 'tnner he had adopted. Mr. Craig. :is said, saw Mr. Carmack aboiut the atter and reported that Carmack "ould consent to no relations with 'ooper. Mr. Craig, however, is said a have e.xpressed the opinion that be editorial references would cease. 'ooper had a letter which -he desired >send Carmaek:. but friends advisea gainst it and urged him to tatke no1 otice of the editorial this morning. thortly after this conversano i of ooper and his friends, the formet as requested. the statement sayts,b For. Patterson to come to the execn ve mansion, whieh is on Seventh i venne, north, for consoltntion on a1 ater not connected with ('armacki nd to bring with him Austin Pea>.I hairman of the Democratic State1 ommittee. Advised to Avoid Meeting. After the appointment was made. ontinues the statement, James C. 1 iradforil and Gen. Tilley Brown < gain referred to the Carmack mat - and navied Co. Conor not toi' ng at Columbia. Mrs. Samie Moore, of Zion, is at \Ir. Roht.Puhs The long-looked-forward-to con rentions of Christian workers have -onvened. and they have gone. But ] n1 their wake linger many memories md the waves of influence for good :hey set in motion, we hope. will roll mn and on and break only on the hores of eternity. No town or city. .specially our wide-awake. respoa -ive Prosperity. could but feel that t has been the recipient of a grea.t avor. Nay evenbles,iig. disguised md undisguised. We were ghd to pen our homes to the consecrated. -ltured flowers of the church, and he kindness done is more than re aid already by the val received )f their enthusiasm and gioodwill.1 Ye congratulate Lexington upon the ,ood fortune of having synod withiin ier gates in 1909. We cannot refrain from adding a Vord concerning the appreciation our -hurch received. Some one aptly alled it "a symphony in white and old. And many have obtainedl i deas here for their contemplated S 'hurches and memorial windows. The I hoir. too. deserves a ward of praise, I or its faithful attend.-nce and b-!a- I iful renditions of anthems and oth- i r music. To Mrs. Alice Robe-;on t s due mf-hi of the credit for the deasure the singring afforded. The i loquent. masterly sermons to which i ve gave undivided attention everN ight must surely prove very help- I ul to us in our moments of serious hought and necessary trials. T'; i leasure of entertaining the .oiven- ( ion and synod is exceeded only by he rare good derived therefrom. It s a good thing. r MANY TAILORS DECEIVED. 1 fore Than One Thousand Exclusive t Samples Get Into the Wrong Hands. r A piece of cardboard covered with qu.are samples of woollen cloths for a nen's and women 's suitings might , ot seem to the average man a very , aluable article, yet elaborate schemes a o get hold of such sample cards are t ilanned - and sometimes carried a hrough. A couple arrived recently at the I est of the Philadelphia hotels and I et out to visit all the leading tailors. 3 he man wanted a winter outfit of a a omprehensive character,. while the t oman was ,just as interested in ac- hi umulating a winter wardrobe of the .e ailor made variety. Occupying large ( oms in the hotel, there was no rea- r on! to believe that the two were any- d1 hing other than they represented t hemselves. So when they gave the s umber of t' .eir suite in the hotel the amples weie forthcoming. t A fter several day~s had i.assed with- ai ut the expected orders the tailors be- i: an to send to the hotel for informa-t ion. The answer returned was that t bie two had given up their rooms and ( ft the day before. No samples were J ) h)e f6und.f The number of inquiries became s'o ' ige that they were referred hy the ( otel clerk to police headquerters. s ore than 1,000 samples of cloth had t een sent by the t:iIlors to the couple. p vestigation showed their p)urpose r h. r in t"w Iro d - eet station n1 rere found two wooden paekages i: b'ey had checked there. The pack- r ges were filled with sample cards v rm which the cloth had been torn ( way.t The couple had succeeded in ae-- t niring possession of the best sam- ( es of the firms that deal in the t igh class exclusive patterns. Of a ourse, they will sell their patterns to en he cheaper firms that endeavor to S eproduce them.( Even a bolder effort to get the ex- v lusive samples is reported from Chi- E ago. There two men rented a store in t hieh to open a tailoring business of Ia ,high priced character and sent to n he manufacturers for their samples. a' he samples were sent, but no orders ver came in. Later inquiry from the manufac rers showed that the firm had got n farther in its careecr thain taking e he store for a month. Tts ob:ject was I in wheni somei of th e bet designs1 a -re tunedout bn the heaen mills. t, 1 on the streets in sth directions as would make probable a meeting with Mr. Carmack. To this Col. Cooper assented. He and his son, Robin. then left the office to go to the governor's mansion. To avoid any possible meeting with Mr. Carmack they went through the Arcade and up through Union street to Seventh ave nue, north. Their purpose in taking this route was -to avoid meeting on the streets. "Col. Cooper and his son went through the Arcarde, through Sum mer, then to Union, and up Union to Seventh .avenue, north. Turning in to Seventh avenue, Col. Cooper and his son saw Mr. Carmack walking up Seventh avenue, north, going north on the west side of the street and in the direction of CoJ. Cooper and his son, though on the opposite side of the street from them. Col. Cooper thereupon said he would go over and speak with Mr. Carmack and see if -he would not agree to stop making the annoying newspaper attacks on him. The. Fatal Shot. "Col. Cooper walked across the treet and a.m)roaij!ad ' Mr. Carmack. who was coming facing him at the time. Col. Cooper had just begun to speak with Mr. Carmack when Mr. Carmack drew his pistol and began trVinz +'. fire it, whL,-3 a passir.g l:idy was between Mr. Carmack and Col. Cooper and his son, who had run over when Mr. Carmack began to draw his pistol. It is said that Col. Cooper asked Mr. Carmack to come from be hind . the lady, when Mr. Carmack thereupon fired two shots, both striking Robin Cooper, who had in tervened in his father's protection. Then it was, after being shot, that Robin Cooper fired the fatal shot, Col. Cooper never using a pistol at all. "Col. Cooper refused to consent to any effort being made to secure his release upon bond for the present. He said, it is understood, that he de zired the matter thoroughly investi za-ted so that it might be seen that he wa; entitled to bond before. he ap plied for it." Laps G. McCord. Jr., eitv editor )f The Tennesseean. is .; 110- as :a ins. "Several friends of the senator had advised him to be careful and to all of these admonitions the senator repied that he did not intend to show the 'white feather.' Mr. McCord also said that in reply ng to these admonitions Mr. Car mack had remarked that he did not think Col. Cooper intended to harm uim. As soon as Senator Carmack felt m the edge of the street eurbing. Cot Cooper put his arm around Robin Cooper, and both walked a few feet lown Seventh avenue to Dr. R. G. P'ort 's offie, where the slight wound n Robin 's shoulder was treated. Carmack's Pistol Found. An ambulance .earried the body of sir. Carmack to an undertaking es :ablishment. The pistol of Mr. Car naek wa.s found lying at his side with two ehambers empty and it was turned over to an officer. Toung Cooper was later carried tos i hospital, and Col. Cooper is held at rolice hegaduarters. Robin Cooper is n attorney and unnmrriaT. lie is ?7 vears old. Dr. McPheeters Glasgow. who ar eived at the scene soon after the .trag ady occurred, said tonight: "I found the body of Mr. Carmack Eving on the right side of Seventh av nue. as one walks to Church street from Union street. He was lying with -his head facing north and with his right arm under his head. His sistol was lying just out of the reach >f his right hand and the weapon was pointing south. An evening paper bas ling just out of his left hand hhheld the stump of a eiga:, whichu was crushed. I immediately ~nmmoned an ambulance and had the vrl e:rried to the undertakingr es ablishment of Finley M. Dorris. The >ndy was without signs of life wheni ond b-~ me aund anpeared to have yeen so for about five minutes. Three Wounds. ''There were three bullets in the >ody of Mr. Carmack. One entered mn the left side ahou't two e'nd one alf inches below the left nipple and