Historical Newspapers of South Carolina

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rERSONAL AND OTHE,RWIS. Movements of Newberrians and Thos Who Visit Newberry and Oth er Happenings. The merchants are all ready for th holiday trade. The fall has been fine for sowin small grain and much has been plan1 ed. It is looking well. The work on the new sidewalk o Caldwell street from Friend to Mai has been coddenced. The work c street paving will be commenced b the first of the month. Alimnaugh has a special sale on z this time and his clerks are busy. Fc bargains "Iimnaughs is the place. Anderson 10c store is selling hol day goods at a song. There are som beauties in this store and they are us( ful as well. We had a break in our linotype o Monday night and are indebted to th Observer for the use of their machin in getting out this issue. Watts Racket Store has on a "do: lar for dollar" sale this week. It is genuine closing out sale and good are guing at a bargain. Dr. Geo. B. Cromer will speak the Lutheran Church of the RedeemE on next Sunday night under the au. pices of the local W. C. T. U. Th public is cordially invited. News from Mr. W. G. Mayes is the he is doing well and will be home a soon as he regains his strength. The Herald and News goes to prec with this issue on Wednesday night v announced. The force will all tal Thanksgiving. Tre office will be clo, ed. You may pay your subscriptio on Friday or Saturday. Messrs. C. J. Purcell, M. L. Speai man, C. G. Blease, and J. Y. AlcFa have gone to Savannah to attend tt automobile races. 3Miss Etta Shelley is - vistiig rel tives and friends in Spartanburg. GOODWIN TO SERVE SENTENCE Appeal to the Supreme Court Declai ed Abandoned, And Sentence Or dered Carried Out. The appeal to the supreme coui in the case of the State v. B. N Goodwin, charged with murder, hE been declared abandoned, and Goo< win will serve his sentence of te years imposed at the sessions coul here by Judge Klugh in June of th: year. Goodwin was indicted for mu: der in the killing of Eugene L. Lea' ell, in the upper section of the count; near the Laurens. line. On account< the prominence of the defendant at the deceased the case attracted grei .interest throughout the State. Goot win -was tried in June of this year at was convicted of manslaughter at r sentenced to serve ten years. Notic of intention to appeal was given, bi the. appeal was not perfected, and, stated, has been declared abandoned The following is the order in tI case, passed by Judge Memminger: South Carolina, Newberry County. In General Sessions.' The State vs. B. W. Goodwin, Deft. -Order. -The defendant kn the above state case having been convicted of mai slaughter and duly sentenced, at having given notice of intention i appeal to the supreme court, and ha' ing failed to perfect the said appeal, It is ordered, on motion of the s< licitor, that the said appeal be d< clared abandoned, and that the sei tence heretofore imposed be carrie out. R. W. Memminger, Presiding Judge. 25th Nov., 1908. Another Appeal Dismissed. In the case of the State v. Lew Burton. Imore Mays and Lawsc .-flhnson, colored, convicted at a fo mer term of court of arson, the o fence alleged against them being ti setting fire to and burning the barn< Mr. P. N. Boozer, in the county, ti appeal to the supreme- court in ti case of Elmore Mays and. Lawsc Johnson has been declared abandone These defendants, who were convic ed with recommendation to merc were sentenced to ten years, and wi begin the service of their sentence In the case of Lewis Burton, who we convicted without recommendationi mercy, and sentenced to be hange the appeal is still pending. An effo is being made to have Burton's se: tence commuted to life imprisonmer It was largely through the confessioi of Burton that he and Mays and Joh1 son were convicted. Newberry Ginhouse Burned. Newlperry, Nov. 24.-The ginhout in Caldwell township belonging Mrs. Sallie Brown was burned down few nights ago. Besides the ginhou; five bales of cotton, 700 bushels cotton seed and 50 bushels of cox eas were burned. The total loss stimated at $1,200; insurance sic he origin of the fire is unknown, b1 t is supposed to have been accidents the State. 20 MONTHS OR $1,200. * Robert Porterfield Convicted in Se sions Court of Violating the Dispensary Law. e Robert Porterfield. colored. wa convicted in the sessions (-ourt hei on Tuesday afternoon. .Tudge Alemmir ger presiding. of violation of the di: pensary law, the indictment contair n ing four counts-including sellin a storing and keeping in possessioz ,I keeping a place where liquor wa y kept for sale, and keeping a plac where liquor was sold-and the jur Lt convicting him on all four counts. I r was sentenced on Wednesday mornin by Judge Memminger to serve fiv [ months or to pay a fine of $300 o e each of the four counts, making a aggregate of twenty months' impri: onment or" $1,200 fine. Porterfiel n was represented by Col. 0. L. Schun e pert, who gave notice of intention 1 e appeal to the supreme court, bail b ing granted in the sum of $1.200, pent p ing the appeal. a Clifton Smith testified that he ha s bought a quart of whiskey from Po terfield at one time, and another qua Lt at a later date, and there was test r mony from Chief of Police Adams a . to having found whiskey in Porte e field's second-hand clothing store, c the charge of storing and keeping Lt place where liquor was kept for sa s and sold. Smith testified- that Se sions and Monroe, the two detectivE s who were here some time ago, ha s asked him- if he could get them ar e whiskey, and that te went to -orte - field's establishment and asked Po n terfield if he had any. and he sa that later Porterfield brought tt quart to Smith's store. and that I 11 (Smith) paid Porterfield $1.50 for th e quart. Smith admitted on cross-e: amination that the town council ha L had him under indictment for sellir this quart of whiskey and had returi ed his bond of $100 and nol prosse the case against him, after he ha told where he bought the whiske r Porterfield was tried in the mayor court on the same charge and fine $100. Judge Memminger, in sentencir t Porterfield, told him thAt he unde stood from the testimony and fro L Porterfield's own statement on' tl i witness stand that he was an old o n fender against the town ordinam r against selling whiskey, and he wt is going to give him a sentence that I r. hoped would drive him out of ti y business. Judge Memminger told -hi ythat he hoped he would not be ab yf to pay the fine, and would have dserve the time on the chain gan i "Of course," he said, "you may tal _an appeal and keep this matter pen' d ing in the courts for some time, at d probably you may think that you ne eer will have to serve this time, but it t idea is that you had better disabut s5 your mind of that notion. A me may violate the law to a certain e: e tent, but he is bound to be overcon after awhile. You had a perfect fair trial here, and you were defende by counsel. The best thing for yc to do is to make up your mind to ceat to be a violator of the law after y< have served your time and expiati dthe offence of which you have bet convicted." d Judge Memminger referred to tl o fact that in the argument ,before ti Sjury Porterfield had been likened Chicco, in the city from which Judi ~Memminger came. But, said Judi Memminger, Chicco, with all ti means which he at one time had at h d command, had at last been broug to bay before the supreme court this State for contempt of the procee ings of that court, after having be shorn of his means by continual viol tion of the liquor laws. s Appeal From Mayor's Court Dismiss4 The appeal in the case of the Toy r-- of Newberry v. Porterfield In whb4 .. the mayor fined Porterfield $100 fa Sviolation of the ordinance of. the toy ~prohibiting the selling of whiske Swas dismissed by, Judge MemmingE Sthe judgment of the mayor's court b ning affirmed. Col. Schumpert raisi . the point in this case that the toy thad no jurisdiction to try violations ythe dispensary law, the offence havil 11 been taken out of the jurisdiction s. magistrates, and the town coun< s having only such powers as may exercised by magistrates. He argu< , that the town had no more right rt try a man for violating the dispensa: _law simply because it had passed t. ordinance against it than it wou s have a right to try a man for murd _ if it had an ordinance against murd --the question being one of jurisdl tion of the offence. The point w; overruled by Judge Memminger, ai Mr. Schumpert stated that he wou e take the matter to th ' supreme coul o giving notice of intention to appei a and Porterfield being granted bail e the sum of $100 pending the deternr f nation of the appeal. is There will be services at Silv 0. Street Lutheran church on Sunda it morning at 11 o'clock conducted I Jl Rev. Gilbert P. Voigt of Newberry cc lege. The Sunday school will meet 10 o'clock. SESSIONS COURT ADJOURNS i. Adjournment Reached on Wednesday titernoon, Leaving the Docket In Good Shape. The court of general sessions. .1iide e Ilenininge r iesiding. adjourned sine - die on Vednesday afternoon. having disposed of a large amount of business and laving the criminal docket in , excellent shape. During the term 1, which began on Monday of last week. .s there were twenty-eight verdicts and e pleas, the great majority of the ver y dicts convicting the defendants of e some offence charged in the indict gments. e From the opening of the court thq a work progressed without delay and n as rapidly as was consistent with a - proper administraticn of jusice. The d loket which confronted the court - was the heaviest criminal docket o which Newberry has had in a number - of years, and the cases were disiosed - of in a remarkably short time. Solicitor Cooper, whose fairness, d energy and ability as a prosecuting of ficer have made him known during the four years which he has held the i- position as one of the best solicitors s in South Carolina, expressed himself - on Wednesday afternoon as entirely n satisfied and highly pleased with the a result of the work of the court. He le said that he regarded such a court as - one of the surest indications of that s increasing respect for the law which d is evidenced at this time throughout y South Carolina. and that he believed the result of the work would have its effec' in aiding to bring about that .d high regard for the law among all ie classes, which is necessary to stamp te out crime. He was very complimen te tary in speaking of the juries and of the officers of the court. He was es pecially gratified, he said, in the vig g ilance which had been displayed by - Sheriff Buford in the apprehension of d those charged with crime, and men d tioned particularly the case of L. J. 7. Williams, alias Walker Dawkins, who 's was convicted of sending a forged d check to the National Bank of New berry. Williams, it will be recalled, .g is-the negro who was arrested in Flor r- ida, where the check was sent from. a "Sheriff Buford," said Solicitor Coop te er, "deserves great credit for his skill f.. in the apprehension and assisting in e the conviction of this defendant. Such t a conviction means much in the inter le est of the enforcement of the law." te In speaking of the new court house, a Solicitor Cooper said that it was one le of the finest and one of the most con :o veniently arranged that he h. seen g. anywhere in South Carolina. e Judge Memminger also, in discharg j ing the juries, for the term, spoke in d the highest terms of the satisfactory 7- work which they had done during the Ly court. e Verdict of Not Guilty. n~ In the case of the State v. Dandy <- Sligh, James Davis and Neel Davis, te colored, charged with murder in the ty killing of Orange Wilson, alias Judge d Wilson, colored, in the western part mof the county, in September of this e Iyear, mention of which was made in m the last' issue of The Herald and News, d Ithe solicitor consented to a verdict of n Inot guilty as to Jas. Davis and Neel Davis, and the jury on Monday after enoon returned a verdict of not guilty Sas to Dandy Sligh. Neel Davis and SGeorge Davis were present at the time e of the difficulty but the evidence eshowed that James Davis was not e present, the coroner's jury having con Snected him with the affair by mistaK iing him for his brother George, the Smistake having a risen by some of the . witnesses, according to the witnesses, n Inot knowing which was George and . jwhich was James. James not hadnig been present and the testimony fail-'ng d to connect Neel Davis with the kill ning, the solicitor, as stated, consented hto a verdict of not guilty as to these rtwo. The State's witnesses testified nthat when they saw any trouble at the "festival" which they were attending r, at the Lietzsey school house, Dandy -Sligh had Judge Wilson's head under dhis arm, holding -him, and that Judge was shooting. The tetsimony was that SJudge shot three times, none of his bullets taking effect. The State's wit nesses testified that then Jim Wilson, iJudge's brother, separatd the two, and a that Judge Wilson ran around the d school house and Dandy Sligh ran off to across the field, returning with a pis ytol in his hand. Judge Wilson came lback from around the school house, d they said, and George Davis told r Dandy Sligh to shoot Judge, where r upon Dandy shot him in the back of c- the leg, as Judge was running up the i steps, the injury Inflicted resulting in Ld Wilson's death. The defendant's testi Id mony was to the effect that 'he had'~ brought a negro girl , to the party and that Judge Wilson in had come to him and told him that he - (Judge) ,was going to take the girl home, that if he (Judge) didn't take her home Judge's brother Jim would; 3r but of one thing he was satisfied, and that was that Dandy wouldn't take her yhome. The defendant said he told 1Judge that it would be all right for a Judge to take her home if he could, whereupon Judge pulled out his pisto and he attempted to hold Judge. H< said that Jim, Judge's brother, got in to the s0uffle. and while the thre, were scuffling over Judge's pisto Judge was shot in the leg. Severa witnesses for tho State and several fo the defence were sworn. Tlh jury ac cepted the vei -ion of the defence, ani returned a verdict of not guity. Thede fendant was represented by Messrc Blease & Dominick. Pleaded Guilty. Jim Keitt, colored. charged with as sault and battery with intent to kil and carrying concealed weapons, th assault being alleged to have bee: committed upon the person of Chri Crump. colored. pleaded guilty o Monday afternoon to assault and bat tery of a high and aggravated natur and carrying concealed weapons, an was sentenced to serve eight month, IS Months For -Tom Ponds. In the case of Tom Ponds. color charged with assault and battery wit intent to kill and carrying conceale weapons. the assault being alleged t have been committed upon the perso of John Moses. colored. in August c last year, Moses being shot in th leg, the defendant was convicted, th verdict being returned on Tuesda morning, and was sentenced to serv eighteen months. This case was tried at a former terr of court, resulting in a mistrial. Th defendant was represented by Messr Blease & Dominick. Life imprisonment. .John Alitchell. colored. charged wit murder in the killing of Hub Livin ston. colored. on Air. P. C. Smith place. near the Laurens line, in D( cember of last year, was convicted o Tuesday of murder with recommend tion to mercy and was sentenced t imprisonment for life in the Stat penitentiary. The case grew out < a gambling party a number of m groes being engaged in a game "skin." The testimony of the State witnesses was to the effect that Hu Livingston laid down a card and tol Mitchell to let it "run red hot"-whic they said meant to bet all he wante to on it, when Mitchell, with an oat] said he would let it run hot, and pul ed out his pistol and commence shooting at Livingston, who was lyin on the ground. The State's witnessE said that Livingston shot once aftE Mitchell commenced shooting. The d fence was self defence, the defend ant's witnesses contending that Li' ingston fired the firs;: shot. Thei testimony was that M\itchell was si: ting down in a chair and that Living ston was standing over him with pistol, when Mitchell told him to pi down his pistol, that it was no good that Livingston told him if he woul get back he would show him it we good enough to kill him; that Mitche stepped back and started to draw h pistol, when Livingston told him I was only joki,ng; and that Mitche startd back to the crowd, when Lil ingston shot at him, hitting himi the shoulder. The defendant said the Livingston fired only one shot, at that he fired at Livingston five time once after Livingston had startedi run. The deceased lived on Mr. P. I Smith's place and the defendant c Mr. Robert Livingston's place. Ti defendant was represented by Messr Blease & Dominick. Sentence of Three Years. Bob Johnson, colored, who we convicted last week of manslaughte the jury recommending him to tU mercy of the court, was on Tuesda afternoon sentenced to serve thr4 years on the public works of ti county or in the State penitentiary. Verdict 'of Not Guilty Directed. In the case of the State v. T. Scurr Coleman, of Saluda county, charge with obtaining goods by false preter ces, Judge Memminger on Wednesda morning directed a verdict of m guilty. The goods were allegedi have been obtained from Mr. Edw. Hipp, of Newberry. Judge Memmil ger, in directing the verdict of n< guilty, said that the case appearedi him more as the effort to collect 'debt in the criminal courts, which 1 did not think was proper. Disposing of Property Under Lien T. Scurry Coleman was convicted< disposing of property under lien, an was sentenced to serve three monti or to pay a fine of $100. The prosecu ing witness In this case also was Mi E. R. Hipp. The defendant was re: resented by Messrs. Blease & Domn nick, who gave notice of intention1 appeal to the supreme court. Three Years' Sentences. Jim Reeder, colored, who was Iai week convicted of manslaughter, a account of the trial having appeare in The Herald and News, was set tenced to serve three years In ti State penitentiary, Eton the publi works of the county. Horace' Rivers, white, who was col victed of assault and battery of high and aggravated nature, the al ault being alleged to have been con mitted upon the person of Superik tendent E. B. Wilbur. at the Mollohc mmill, assntenced to serve thrl I years in the State penitentiary or on a the public works of the county. No - tice of intention to appeal was given. * e and the defendant was granted bail 1 in the sum of $1.000, pending the ap-i 1 peal. r Apeals )isiissed. - The ae)la case-s of the Town of ha 1 Newberry v. .J. E. Williams. the Town - of Newberry v. Wm1. S. Ruff. and the I . Town of Newberry v. Robert Porter field. charged with violation of the w dispensary law, were dismissed, the of judgment of the mayor's court being be 1 affirmed. th e MUNICIPAL ELECTION. T( n Election Quiet-Liflit Vote Polled Cannon. Baxter. Spearnan th e Elected. d . The municipal primary on Tueslay passed quietly. A light vote was poll 1. ed. Al 3ayor Langford was nominated for d reelection without opposition. In ward sv o two J. R. Green was renominatedlh n without opposition for alderman and th If in ward five Gregg C. Evans had no Sl e opposition for renomination. 10 e In ward one Capt. W. H. Shelley y opposed P. F. Baxter for renomina- wI e tion. Alr. Baxter won by a majority of e. ten votes. pc n In ward three M1r. S. K. Bouknight e did not stand for renomination and Mr. C. H. Cannon and Nlr. E. H. Les lie were candidates for the position. la ir. Cannon was nominated by a ma- er joi-ity of forty-two votes. In ward four Mr. John A. Senn de elined to stand for reelection and Mlr. fr Geo. W. Summer was nominated with- m out opposition. bt The greatest interest seemed to cen- ai tre on te race for. commissioner of si, e public works to succeed Dr. James Mc- si: Intosh. Dr. McIntosh stood for re- or nomination and was opposed by Mr. M. L. Spearman and Mr. Fred J. Rus sell. Mr. Spearman was nominated over both competitors by a majority of G b forty-four votes. h Dr. McIntosh has been on the board from the establishment of the plant in Newberry. The term is for six years. A second primary will not be neces d sary in any of the races. Messrs. W. A. McSwain, F. N. Martin and Otto Klettner were renominated for schoo trustees without opposition from wards one, two and three res Spectively. The following is the vote in detail hfor the several candidates by wards: For ayo-J.Ward 1. For ayo-J.J. Langford .. .. 1.04 Alderman-P. F. Baxter .. .. ...64 k Alderman-W. H. Shelley .... 4_ S. Trustee-W. A. M~'cSwain .. .. 115 ~ dCorn. P. W.-Jas. McIntosh .. .....40 s Comn. P. H.-M. L. Spearman . . . 61 C1 Corn. P. W.-F. J. Russell. .. ....17 i Ward 2. e e Mayor-J. J. Langford..........9C1 1Alderman-J. R. Green .. ....... 106 N S. Trustee-F. N. Martin. . .... . .103 n Comn. P. W.-Jas. McIntosh . . . . 41 g iCoin. P. W.-M. L. Spearman .... 62 la dCorn. P. W.-F. J. Russell .. ......3 sWard 3. Mayor-J. J. Langford .. ....... 119 Alderman-C. H. Cannon ........8 LS. Trustee-O. Klettner .. ....... 118G Comn. P. WV. -Jas. McIntosh .. .. 60 Corn. P. W.-M. L. Spearman .. .. 5 Comn. P. W.-F. J. Russell .. ......12. Ward 4.s t Mayor-J. J. Langford .. ........81 r, Alderman-G. W. Summer .. .....83 e Corn. P. W.-Jas. McIntosh . . . . 34 y Corn. P. W.-M. L. Spearman .. .. 36 SCoin. P. W.--F. J Russell .. .. ....19 eWard 5 F Mayor-J. J. Langford .'... ......56 Alderman-G. C. Evans .. ....... 101 Hf Com. P. W.-Jas. Mcintosh .. ......6 y Corn. P. W.-M. L. S rman .. . 86 N d Comn. P. W.-F. J. ha.,sell .. .....20 1-Totals. .y For Mayor-J. J. Langford .. .... 459 >t. Corn. P. W.-Jas. McIntosh .. .. 181 S ;o Comn. P. W.-M. L. Spearman .. . . 296 :L Comn. P. W.-F. J. RtUssell .. .. ....71 >tDeath of Mrs. J. Z. Salter. :o The rnany friends of MIrs. J. Z. Sal a ter were grieved to hear of her death te which occurrd at her home near Hele- L na Tuesday morning, after a week's ,illness of pneumonia. >f Before her marriage M~rs. Salte; .d was a Miss Sheppard, a daughter of L Mr. and Mrs. J. W. Sheppard, and t- in her young womnanhood she was S r. married to Mr. J. Z. Salter, who with - his family has resided in Newberry for i- many years. Of this union there are o nine children living. Mrs. Salter was about 59 years of age at the time of her death. The body was laid to rest t in Rosemont cemetery. The funeral n exercises were conducted by her pas d tor, the Rev. J. W. Wolling. t 1- Mrs. Salter was a true and consis e tent member of the Methodist church, c and a Christian lady of many sweet and gentle virtues. She was truly the - centre of her home, where her beauti a ful influence was the most felt, and - wehre she did the most good. The - sympathy of a large circle of friends i- goes out to the grieved husband and la n children in this hour of their great p( b erenament. 3f EXCELLENT ATTRACTION. as She to Blame," One of the Be, of the Season-Opera House Saturday Nit.ht, :Sth. Th1inan:.rn t of ite opera hou VUrecivedI The folloingI teleg~raml ard to the attractioni which will at ar at the opera hwuse next Saturd< ,ht. which exi)lains itself, and th )uld impress the fact upon the min their patrons that this is one of t st dramas that will be present is season: Anderson. S. C., Nov. 24, 1908. Alanagers Opera House, Newberry, S. C.: "Was She to Blame" best show a season. Receipts here $200. Alanager Opera House, Anderson, S. C. A Large Potato. Mr. D. L. Boozer, of Kinardb ought The Herald and News eet potato weighing seven and on .If pounds. This is a larger on an the one received from 'Mr. Rufu igh some time ago. It is of the yel w yam variety. When at Woodruff some days ag , were told that a potato was on hibition there weighing seventeen unds. We did not see it. A Card. Mrs. Polly L. Wicker, wife of the te J. MIonroe Wicker, and his broth T. J. and H. P. Wicker, desire in is way to express their grateful ap eciation to their wide circle of iends for their wealth of kindness anifested after the death and at the trying of their husband and brother d also for the many warm expres >ns of sympathy extended to them ace this great bereavement came up t them in the death of their dear one. Cotton Market. (Corrected by Nat Gist.) )od Middling ............9 :riet Middling .. ........87-8 iddling .. ............83-4 Cotton Market. Reported by 0. MeR. Holmes. ood Middling .... .... ... 9 rict Middling- .... ...... 8 7-8 iddling .... ...........83-4 Market Steady. SPECIAL NOTICES. 1 CENT A WORD. ro advertisement taken for ss than 25 cents. ET YOUR GLASSES from Dr. G. W. mnnor, a graduate of the largest op 3al college in the world-the North -n Illinois College of Chicago. Dr. mnnor is located permanently in awberry, gives both the objective id subjective tests by electricity and arantees his work. Office over Cope nd Brothers. IDES WANTED-J. C. Sample, old dispensary stand. tf BNUINE HAE~D CUT GLASS we don't sell the acid cut. Damels & Williamson. PECTACLES AND EYEGLASSES accurately fitted to your eyes. Best quality lenses. Satisfaction guar anteed. Reasonable prices.. Daniels & Williamson. OR NICE pork' chops and steaks J.. C. Sample, old dispensary stand. EW STYLES in Belt pins, Buckles, Hat pins. Daniels & Williamson. 3LID GOLD LOCKETS $4.00 up. Daniels & Williamson. ATEST DESIGNS in Brooches and stick Pins. Daniels & Wi!iiamson. DST-One plain gol.d bracelet with owner's name scratched on same with pin. Reward if returned to this office or owner. 11-24-2t. Drulie Cromer. )LID GOLD Elgin or Waltham watches, $25.00. Daniels & Williamson. TEACHER WANTED. To teach the Broad River school solored) at $20.00 per mont.h for ree months to begin 1st of Decem J. D. Crooks, B. M. Suber, Pomaria, R. F. D. No. 3. TRESPASS NOTIGE. No hunting or trespassing on the nds of the undersigned under the ~nalty of the law.i Sam Tribble.