Historical Newspapers of South Carolina

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VOL XLVI NO. 3 NEWBERRY, S. 0.. FRIDAY, JANUARY 8.1909. TWICE A WEEK. A CHIEF JUSTICE POPE TENDERS RESIGNATION WILL LEAVE STATE SUPREME BENCH ON APRIL 15. Public Career of One of State's Most Distinguished Citizens Soon to To a Close. Chief Justice Young John Pope, of tl supreme court of South Caro lina, on Wednesday tendered to Gov ernor Ansel his resignation, to take effect on April 15, 1909. This action was taken on account of his health. Chief Justice Pope's successor will be elected by the general assembly which convenes next week. Following is the letter of resigna OBETEF JUSTICE Y. J. POPE. tion whieh was transmitted to Gov. Ansel-an elequent utterance which will 'soon bring to a close the long ond useful public career of one of South Carolina's most distinguished and most beloved sons: Columbia, S. C., Jan. 6, 1909. To His Excelleney, Martin F. An sel, Governor of the State of South L arolina: Realizing that my time of setive serviee- is drawing to a close, and conceiving it to be my duty to tide from office, I hereby tender my resignation as .Chief Justice of thi Spreme Court of South Carolina, to take effect April 15, 1909. With or all the people of our State, (iigned) Yours truly, Y. J. Pope. As. oon as he received the letter, Gov. Ansel called in person on the Chief Justice at the supreme court consultation room, and expressed his personal Tegret that t.he Chief Jus tiee felt compelled to give up his durties, and assured him in the name of the people of the State of the ap preciatilon felt for his services to South Carolina, says the Columbia correspondent, of the News and Cour ier. *The term which Chief Justice Pope is now filling expires ini January, 1914; the chief justice having been re-eleeted in 1906 for a term of eight years. The legislature will fill the unexpired term. The remaining members of supreme court, in the or-I eier of seniority, are: Eng. B. Gary, re-elected .in 1908; Ira. B. Jones, re elected in 1902; C. A. Woods, re elected in 1904. The legislature mayI promote one of the associate justices to be chief justice, as has been fre quent.ly done, as for instanee, in the ease of Judge Pope, or a new man may be made Chief Justice. Chief Justice Pope has been in. wretched health for about two years and last year for ;awhile was absent from the b. Ach, but during that per iod he has most of the time stuck' faithfuilly to his post with character istic fidlelity to duty. That he has worked under physical disadvantages has, however, been very evident, and his decision to retire is no doubt wise from his personal standpoint. Sketeh of His Life. Young John Pope is a native of Newberry, and was born April 10, 1841. He was educated at the New berry academy, and at the age of 13 years attended Furman university at Greenville, S. C.. graduating from that institution in August, 1860, re eeiving the degree of B. A. Im mediately after graduation he began the study of law, under Judge O'Neall. but in April. 1861, he en tered the Confederate army, *enlist ing in Company E. of the 3d South Carolina infantry regiment, in which he was made first sergeant in May. 1862. He was promoted to first liutenan and the adiutancy of the regiment. As adjutant he was in the first Bull Run fight in the battles around Richmond, Maryland Heights, Sharpsburg, Antietam, Fredericks burg, Chancellorsville, GettysbuTg, Chickamanga, Wilderness, Spottsyl vania, Cold Harbor, Berryville, Straassburg and Cedar Creek, at the last of which a minie ball entered his left eye, forev-er destroying the sight of that orb. Besides this, he was wounded in six other parts of his body, twice by a shell at Gettysburg. During the last few months of the war he acted as assistant adjutant general of the brigade, commanded by Brig. Gen. James Conner. At the conclusion of the war he re turned to his home and resumed the study of law. He was admitted to practice in the Law and Equity courts in 1866 and was soon thereafter ad mitted to practice in the United Sta tes distriet and circuit courts. He a-t once opened an office in Newberry and was soon enjoying a lucrative practice. In 1865 he was elected dis trict judge of Newberry county by the South Carolina legislature and entered upon the duties of that office i in 1866. In the diseharge of his offi cial duties he never had an appeal taken from his decisions. This is a very exceptional record, showing a remarkable degree of soundness in the decision of the lower court. He served until the "Radicals" legis lated him out of office in 1868. In 1874 Judge Pope was elected mayor of the city of Newberry and served until the spring of 1877, when his second term expired and he declined to run again, having seen the indebt edness of the city wiped out and its 1 credit fully restored. In 1876 he was made chairman of the county central < committee, and during the memorable I eampaign no one, white or black, was injured in any political disturbance. 1 Elected to Legislature. In 1877 Judge Pope was elected a member of the South Carolina legis lature from Nwberry county anid served the Iong session of 1877-8, hav ing been elected to fill a vacancy. It Was during this service that he first attracted the general attention of the citizens of the State, for he openly and successfully vindicated the rights of the people against certain I bonded inbedtedness and by so doing I he 'antagonized such men as Gen. I Hampton, Chief Justice Simpson and the able bars of the cities of Charlses- < ton and Columbia. As a result he ! received an o.verwhelming majority of votes of members of the assembly I as one of the assistant eounsel 'to the< attorney general in defending the t rights of the State in the famous "bond cases,'' argued first in 1878 before a special court of claims of .j three special judges, and thea on ap-r eal before the supreme cout of the tate. The decision rendered by the1 latter saved to the State one and one-half million dollars. His Campaign for Attorney General. Judge Pope's practice was such as 4 to necessitate his retiring from the legilatare and, while taking an ac tive interest in the welfare of the State. he remained out of politics un til 1888. when lie was elected to the State senate from Newberry county. He served as senator for two years,j advocating during that time the p rin iples' which were the basis of the Farmers' Moviment. which in 1890 1 sw'pt the State. Principal among the things advocated by him were the establishment of the Clemson Ag riultural and Mechanical c'olleee, rigid economy in the expenditure of the people's money and many othet similar reforms. On June 10. 1S90. Judge Pope. as. the candidate for attorney general on the -tieket headed by Benjamin R. 1 Tillman for governor, began a cam paigri over .the 'State which has nev er been equalled in tihe annals of the State. lasting two months. going into every county in t-he State and arous- 1 ing an enthusiasm and, it is to be re- 1 eretted. a bitterness, never before known. It was here that the people leaned that it was not a safe thin~ to assail (}en. Pope inl debate. foi while admitting the freest eritiis. e asserted and maintained a like pri v-ilee for himself. His speeches were fre from personality, hut satire and delicate humor exposed every weak point of his advrer-r. whet"~ on the stump or in the nress. On September 10, 1890, he was at nost unanimously nominated for at torney general of the State, and at[ the election defeated his opponent, B ol. J. W. Barnwell, of Charleston, y over 45,000 votes. He entered up )n the duties of his office December 4, L890. .. On December 3,. 1891, he was eleet- C ?d associate justice of the supreme, tl ?ourt, and on January 30, 1896, was d -eelected under the new constitution o: :or the full term of eight years. a. On January 20, 1903, he was elect- t< d chief justice to succeed Henry al Nfelver, deceased, and on January w 3, 1906, was reelected chief justice tl "or the full term of eight years. ei His Family. Si Judge Pope was married in 1874 to p Mrs. -Sallie H. F. Rutherford, nee !tl Fair. only living daughter of the late r: ol. Fair. of Newberry, and widow a f Gen. Pope's friend, Col. William E . RutheTford, who was killed in the C onferedate army in 1864. Judge i ope's father's name was Thomas H. Y1 ope, who was born in Edgefield. S. vi .. distriet. now, county, in 1803. He B vas a lawyer and was married in 1829 C o Harriet Neville Harrington, daugh- A ;er of Young John Harrington, for lE 2orty years clerk of the Newberry ol listrict. He .had seven children, six st ons and one daughter, and Judge s, ope was third in the order of birth. IL le died February 4, 1851, and the A nother December 22, 1860. Judge L Pope,'s father was a gifted lawyer ai tnd his mother was a very bright wo- . nan, intellectually and otherwise. t, 'he brought up her family carefully m md religiously. Gen. Pope was given the rank -of >rigadier general of infantry by Gov- r rnor Hampton in 1877. *He was one >f the organ-izers of -the National 3ank at Newberry. and was many rears a director thereof. He has also >een identified in all attempts to mprove the agricultural interests of he county. Although a Baptist, he vas in 1877 elected on'e of the trus ees of Newberry college, which is un ler the patronage ,of Lutherans, and s still holding that position. He has teld the vice presidency of the board M if trustees of the college since 1882 t Lp to the present. The service of the Associate Jus ices -has been as follows: Eugene el 3. Gary, of Abbeville, elected lieu enant governor in 1890 and 1892; as first elected associate justice uring his second term as lieutenant i ~overnor and was reelected in 1900 Lnd 1908. Term expires 1916. Ira 3. Jones, of Lancaster, while speakey c f house, was eleeted associate jus- H ice in 1896 and reelected in 1902. erm expiring 1910. Charles A. Vood, off Marion. elected associate t ustice in 1903 to fill unexpired term b f Chief Justice Pope, promoted. and h eelected in 1904. Term expires min 912. Ia COLUMBIA WANTS TAFT-.d ce iommittee to Go to Augusta Today to Urge Him to Visit Caro- ha lina's Capital. - ' w olumbia State. te Mr. Win. H. Taft will be presented M1 vith an urgent invita-tion to come to es olumbia during the sessions of the tl: tate Bar association next week. At ei hat time Mr. Leslie M. Shaw, for- m nerly associated with Mr. Taft in i dr. Roosevelt's cabinet, will be the. e~ rator. It is hoped that Mr. Taft, in ce -iew of his many professions of in- a :erest in and friendliness for the 01 outh, can he persuaded to aeeept anr nvitation to the capital city of South 7arolna. The execu+ive committee of thej hham.ber of commerce met yesterday md au-thorized President Walker to point. at 'his leisure, a committee 0f ive to go to Augusta Friday, in corn-G >any with Hion. John C. Sheppard. )esidenlt of the State Bar associ1 :ion. Ex-Gov. Sheppard will als> be ecompanied by a committee from the issociation. N Mr.. T'aft has been deluged wiin in itations from all parts of the eaun- Hi ry. especia~lly from the South, but he cordiality of this one will not fali I? impress President-eleet Taft wvith n & wineerity and interest of the pe*' 1e of the Sta'te and of Coluimbia. It i-. 4r -n+noikelv that the cit' '"~ .mnL w:' :end a representative wvit!' de NEWS OF PROSPERITY. oliday Visitors and School Boys and Girls Have Gone-Two Sad Deaths-Other Matters. Prosperity, Jan. 7.-Now that the hristmas tide is only a memory and ie old year, fraught with blessings .sguised and undisguised, is a thing the past, too, our thoughts natur ly turn from feasting and gaiety the work of 1909. Prosperity is )out to resume the even teror of its ay. Most of the visitors, and all of Le school boys and girls and teach s. have forsaken our firesidef and reets, and sought their respective [aces of study or work. Among iose are the following: to Newber , college. Messrs. Robert, Walter id McFall Wise. Sam and Hal ohn, Marks and Lillius Simpson, harles Barre, Clifton Kreps; to Co imbia, Misses Annie Moseley and iniie Boyd Brown, and'-Mr. Gran Ile Wyche; to Due West, Mr. Young rown and Miss Kate Thompson; to liarlotte, Miss Rosabell Harmon; to tlanta, Mr. Geo. Harmon; to Char ston, Messrs. Oscar Simpson, Har d Craig, and Allen Lester; to th.eir hools at Darlington and Utopia, re >ectitvely. Misses Ethel Counts and oline Wyche; to Spartanburg, Miss unie Lee Langford end Mr. Herbert angford; to Winthrop, Misses Wise id Gibson. Miss May Lee Dominick, who spent te Yule Tide.with tha Misses Har on. returned 'o Bishopville Tuesday. Miss Marl Cureton, who has been >ending a month with relatives, has turned to Greenwood. Mr. and Mrs. W. R. Elmore, of the ollohon section, are the guests of ieir daughter, Mrs. E. B. Kibler. Miss Annie May Bedenbaugh has turned to Orangeburg, x-here she is aching music. Mr. Berry Meyer and family have oved into the Steele house, in Cen e street. There will be a congregational eetiftg at the A. R. P. church the ird Sabbath. All the members are ged to be present. Mr. H. A. Fulmer, of Columbia, s been elected sassistant bookkeep at the Prosperity hank. He as med his dutie- on Tuesday. The W. 0. W. will have their an al spread on Thursday night. This a thriving camp, with many strong oppers, and we imagine not a few ips will fly tha~t night. Mrs. Joe Ruff and children, of! onea Path, are spending this week ith her parents, Mr. and Mrs. Wal r Stoekman. Mr. Thomas Thompson, of Colum a. visited his father this weck. Mr. Welch and Miss Rose Welsh, of iarleston, visited Mrs. L. C. Craig st week. Mrs. Nora Hoffman spent a few tys with Dr. Wheeler's family re ntly. We said just above that our city id resumed its normal, quiet, but s forgot that the echoes are still equently being awakened by laugh r provoked by the jokes told at the errv Maids' Minstrel last Tuesday ening. The minstrel was decidedly e best atfempt financially and oth -wise that we have witnassed in any years. It is rather late to go to details concerning the various cellencies of the end men-inte.rlo tor. dances. musicians and song ers, so we will add but a small mead praise by saying that the coneen s of opinion is that they deserve all >mmendation. recognition and en 'ragement. and that one good min rel deserves another one at an ear date-which we sincerely hope they ill ive. Mr. and Mrs. Car-per Kreps have sturned to their home in Augusta, Rev, and Mrs. Kreps and Mr. Har -Krepe have gone to Columbia to :tsnd the wedding of Miss Burriss reps on Wednesday' .evning. Mr. rens will nerform the ceemony. Mr. and Mrs. A. G. Wise made a rt trin to Savannah last week. We ar glad to report that little ebeeca Harmon. who was very ill. is w conivale's-ent. Mrjs. Kate Monts n' Litt.' Monn tr, Mrs. avlor. on Monday. The. Rev. V. Y. Boozer is spending a few days with his sister, Mrs. J. P. Wheeler. Capt. John Fellers has moved to Newberry. We are sorry to lose them. A very unexpected ending to a use ful life occurred here Sunday morn ing, when- Mrs. Lizzie Taylor sue cumbed to heart failure. She was ill less than half an hour. The funeral services were conducted by her pas tor, the Rev. Mr. Whittaker. Mrs. Taylor was 57 years of age. She leaves three children. Mrs. Taylor was liked and respect- , ed by all who knew her. She was ever kind and .helpful, with a genius for nursing .the sick. She will be missed by everybody. We have a request to repeat-that r is, that you will kindly 'phone No. 8 and let is know when you have a i stranger within your gates. It is al most impossible to learn about all i the many comers and goers and we wish to leave no "personals" un- f noticed. ti Mi. and Mrs. M. C. Morris have gone to TLykesland for a few days. Mrs. Lee Singley and children, of Gary's, visited Mr. P. C. Singley's family this week. c 0' Mr. Oraig has returned from Gaf ney, where -he went to attend the e wedding of his brother. Prof. Etn-e Buck, of the Virginia Polytechnic institute, spent the holi- f days with his sister, Mrs. A. L. Black. S Miss Nannie Simpson spent a por- a tion of last week with friends at b Clinton. Mrs. White, of Savannah, and Mrs. n Copeland, of Clinton, are spending a while with their parents. Miss Mary Kinard went to Atlan ta today to spend the winter with her S sister, Mrs. McWaters.. Miss Lillian Hair visited in Co lumbia last week. Mrs. Sarah Calmes and son Wise went to Plains, Ga., last Thursday. Master Wise will enter college there. t Mr. and Mrs. John Crosson visit- t ed at Pomaria last week. Our town was well represented at - the Teachers' association last week. tl Supt. Wheeler, Prof. Hunter, Supt. Q Counts, Mr. Geo. Brown, and Misses1 Wyche and Kohn had the pleasure % , 0 attending and being benefitte4 there-i by. 10 The funeral services of Capt. Henry S. Boozer were held in Gracee church at noon Wednesday. - Until 2 years ago Mr. Booze'r was a citizen of our town, and since then he has been a visitor of frequent welcome. Mr. Boozer was 76 years old, mostd of which had been spent in 'active service for his Master and his coun- k try. At a very youthful age he vol- 1 unteered his services and fought for b the Confederacy, earning the title of o captain in Holcombe 's Legion. Corn- Ib pany H. 1 o Mr. Boozer w'as a well-rounded J a man, very earnes;t in his apprehen- e, sion of deeply rooted life principles a and duty. He was one who is well tI worthy of emulation. He has left to Ia perpetuate his character and good d name, four sons and one daughter Rev. V. Y. Boozer, of Concord, N. ~, C.; Mr. Jos-eph H. Boozer, of New a York: Mr. Rufus Boozer, of Lake City. Fla., and Mrs. J. P. Wheeler., of Prosperity, and Master Harold Ih Boozer. of Newberrv. He was twice married, first to Miss Mary Young and lastly to Mrs. Ida Stewart. who survives him. ANDERSON'S MIGHTY SHERIFF. Win. Burriss King is Biggest Law Of ficer in America. h Anderson, January 5.-William c Burriss King. who today took thef oath of offie and entered upon thre 1. duties of sheriff of Anderson county., is. in point of avoirdupoise, the larg- S est offeer of the law in America- tr possib)ly in t.he world. His averagea weig'ht is 423 po)unds: his height is 6 n feet 8 inches. and his waist measure 61 inches. He is 41 years old. Meeting of Joint Council. h *There will be a meeting of the Joint Conineil of the St. Philips pas- o torate in Prosperity on Wednesday, t Jannary 1.3. at 10 o'clock. A lull at- Fl tedne ~e is desired. as matters of im-.r portance will be considered. I [EGRO FIEND LYNGIED IN LEINGTON COUNTY ,TTEMPTED TO RAPE WIFE OF SPECTED FARMER. creams of Woman Frightened Neg ro Off, But He Was Trailed by Blood Hounds and Captured. Lexington, January 6.-One of the ost brutal crimes -that has ever boeked the people of Lexington conn y occured about four miles north of ,exington about dark tonight, when a egro attempted to criminally assault [Ts. Thomas Wingard, the wife of a iost highly respected farmer. It is eported here tonight that the negro as been captured and lynehed. It also stated that Sheriff P. H. Cor .y received a bullet wound in the kg from the assailant's weapon. hose returning from the scene re se to say anything about the cap ire, and it is safe to say that the ne ro has been killed. Mrs. Wingard, who is about fifty 2ree years of age, was in the water loset, and just as she stepped outside f the door the negro grabbed her and iraw her to the ground. She scream I -and the negro ran of. The news of the outrage spread ke wildfire, and it was not long be :re the whole country was aroused. heriff Corley was notified at once nd he left immediately with his loodhounds. It is said that the negro who com Litted the crime was a stranger. $500,000 FOR GOOD ROADS. partanburg Delegation to General Assembly Requested to Ask for Election on Bond Issue. Spartanburg, January 4.-At a 'ell attended meeting of representa ve citizens of Spartanburg county )day, held in the Y. M. C. A. buiid ig, a resolution was passed suggest ig to the Spartanburg delegation to ie legislature that a bill be intro Lced authorizing an election to vote i the question of issuing b,n.s in ie sum rof $500,000 for the putpoie i building good roads in the county. he resolution provides that, in the rent the bond election carris, thea oney derived from the bonds shall Sexpended by a commission appoint I 'by the governor upon t.he recomn endation of the county legislative legation. The convention elected five we& aown citizens to confer with the de ggation rand the members of th a ard of county commissioners i the matter of drafting a til. The conference was held in tha fie'e of State Senator H. B. Carlisle, ad :the financial condition of the >unty was discusse. , together with bill looking to a bond election. Af h the conference Mr. Carlisle had . the members of the delegation to inner at' his home. The Good Roads convention was 1e of the most enthusiastic ever held the city. Many speeches were ade, and those who spoke 'expressed iemselves in favor of permanent ghways. RAN AUTO THROUGH MOB. 'ebraska Sheriff Landed His Pris oner in Jail Safely. Ogallala, Neb., Jan. 5.-Under sary guard, Lafayette Dale, also own as John Harry, Dale Smith. aared with murder. reached here om Denver last night and was safe -lodged in jail. Learning tha-: a ohbhad formed here to lynch Dais, heriff Beal, with his prisoner, left 1e train at Brule, ten miles wvest, ad started for this place in an auto Lobile. At the outskirts of the town the eriff was informed that 2,000 peo le were waiting at the jail and that otheads were urging summary pun hment for his prisoner. The sheriff rdered the chauffeur to go t hroug'h ie crowd and 'he proreeded, Sheriff eal standing up in front with drawna volvers. The jail was reached and ale locked up. The miob finally