Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

"JOSH" ASHLEY INDICTED. Federal Grand Jury Sitting in Colum bia Charges Him With Peonage. ,Columbia State, 20th. "Citizen Joshua W. Ashley haE been presented by the federal grand jury of ithis State, the charge being peonage. A true bill was returned un animously yesterday. This statement -will no doubt make quite a sensation throughout the upper part of thE State, for Ashley has been a promin ent figure in politics in Anderson ,county for a score of years-promin -ent, not only because of his singular personality, but also because of the fact that he has had a real domin ant positon in the politics of that great county with its 6,000 votes. Mr. Ernest F. Cochrane, the United States district attorney, dieclared that 1he -would not try his case out of court and would not give any of the details of the evidence. The grand jurors also declined to have anything to say. They spent about six hours deliberat ing over the case before they return ed a true bill. Representative Ashley has not been placed in formal arrest. He is a member of the general assembly of South Carolina and the constitution of the State says that the members may not be arrested while the general assembly is in session. Mr. Coch rane has not yet decided whether he will have Josh Ashley arrested but is inclined to think that such a step will not be necessary, as Ashley is a man of considerable wealth and would hardly run away under the charge. How the Mater Stands. The tase, in brief, is this. For months the department of justice at Washington has been hearing rumors that Ashley was condneting a kind of peonage on his big farm in Ander son county. Special agents were* put to -work on the case last fall. They have not worked continuously. but have produeed eyidence which con vinced the United States distriot at torn#y of the importance of the facts presented by the secret service men. Josh Ashley went home last Satur day as there was ato be no session of the house of representatives until Wednesday morning. He was expect ed on the train arriving at midnight last night. Mr. Cochrane and his as sistant, Mr. Bacot, said yesterday that the case might not be tried here this week and probably would not be. Article 3, setion 14, of the State constitution of 1895 says: "The members of both houses shal] be protected in their persons and es tates during their attendance on, go ing to and returning from the genera] assembly, and 10 days previous t< the sitting and 10 days after the ad journment thereof. But these privi leges shall not protect any membei charged with felony, treason o1 4 breach of the peace." The object of this section is to .pre. vent a quorum of the 'legislature fron being broken at a.ny time by false ar rest rather than ito ga-nt any immun ity to legislators. Tihe statutes under which this ac tion in the federal court has beer brought were passed in 1867 and are so definite in iits term that the jury~ can not but be guided by the Aidene< in the case-whatev,er that may be Members of the grand jury seemed t< be very much impressed with evidence given by Mr. Frank P. Robinson, th town marshal at Honea Path, an Mr. Donnella, ,the magistrate. The evidence in this .partieulai case is that Ashley's adopted son John McGaha, who was killed in Sep. tember, had some negroes indebted t< ihim. That Ashley has since tried t< e olleet that money by an enforce< servitude, "to work and labor foi and serve in liquidation of said debh in an involuntary service,'' etc. .The title of the case is "The Unit ed States circuit court, district o: South Carolina. The United State: vs Joshua W. Ashley. Indietmenrt foi Violation of Sections #526 and 1990 Revised Statutes of the Unite States." "A true bill, W. C. Latimer, fore man of the grand jury, Jan. 19 1909,'' is the endorsement thereon. The Indictment. There are 20 counts in the indict ment or presentment of the gran< jury. The preamble reads: "At stated term of the circuit court of thi United States, begun and holden a *Columbia, within and for ,the distric aforesaid, on the third Tuesday o. January, 1909, the grand jurors o: the United States of America, withii and for the district aforesaid, upol their oaths respectively do presen that Joshua W. Ashley, late of An derson county, in the State of Souti Carolina, on the 2nd day of Novem ber, in the year of our Lord 1908. a Ander.son county in ihi State ol South Carolina, in thre said district and within the jurisdiction oft thi: court, unlaw.fully did 1hold or.r Wil liam Davis otherwine called Will Da is, to a conditio'n of peonage-that i~ io -~y to minlntary service and la :bha: m December .15. 1908. Judge R. C. Watts issued a rule to show cause iwhy reeeivers should not be appoint ed to take charge of the Seminole Se curities company, the order being re turnable December 21, 1908. At the time of the signing of the order Judge Gary was absent from the circuit, and Judge Watts was the judge of an ad joining circuit. On that day the at torneys for all the defendants ap peared and asked that the matter be continued until December 28, at which time the rule was heard, and the or der appointing receivers was signed on -December 29 and filed with the clerk of court on December 30. It appears from the affidavit of Mr. Stevenson that .at the time fixed for the hearing in the rule Judge Gary had returned to and was in the cir cuit. That fact was not made known to Judge Watts, and it is, therefore, contended that Judge Watts had no jurisdiction to hear the return or to make the order. Judge Hydrick says: "I am sat isfied Judge Watts had jurisdiction of the cause, and the receivers ap pointed by him cannot be discharg ed for lack of jurisdiction; second, Judge Watts having jurisdiction and having issued the order appointing receivers and fixing the value of the property, it is not within my power to review that order or change any of the findings so made by him, and I, ;therefore, have no right to do any thing more in this this cause than to issue administrative orders in the furtherance of the purposes of the re eeivership. It is, therefore, ordered that the motion herein above men tioned be, and the same is hereby, re fused with outprejudice, however, to the right of Seminole Securities com pany to give the bond required by statute as fixed by Judge Watts in his said order, and thereupon move to discharge the receivership. It must be understod that in refusing this motion I have decided notbing as to the merits of the case, except that Judge Watts had .itrisdiction to make the order appointing receivers here in before mentioned, that I have no jurisdiction .to vacate it or to modify it as to the valuation of the assets of th;e company fixed in said order, and I the refusal of this motion is without prejudice to the rights of the defend ants in all other respects." The receivers are, therefore, ready to go ,ahead unless the directors give bond for $300,000. BLOCKS HEEAST GAME. Hearst Agent Arrested In Oklahoma on Warrant Sworn Out By Governor Haskell. Guthr-ie, Okla., Jan. 18.-On a war rant sworn out by Gov. Haskell, charging conspiracy to defame the governor, Scott MaeRey'nolds, attor ney and special agent for William R. Hearst, was arrested today. Arm ed with a search warrant, also sworn out by Gov. Haskell, MacReynolds' roms at the Ione Hotel were searched by Sheriff John Mahoney and Orville T. Smith, private attorney of the gov ernor. Papers were seized. They are said to pertain to the $600,000 libel suit instituted by Gov. Haskell against Mr. Hearst. MacReynolds immediately demand ed of the county .eourt the w'here abouts of his papers. They wert found in the private office of the gay ernor. They were turned over to the court. MaeReynolds had collected a vast amont of data in confidence. To night he declared Gov. Has.kell's pur pose in obtaining this -arrest was to obtain this information. Gov. Haskell said: "Mr. MaeReynolds has been in the State almost constantly for nearly three months, at times assisted by one or two other men from the east and by a certain person from Ohio and three or four people of our own State. "Recently I learned that they were disappoin,ted at not finding anything true to use upon me, whereupon they began offering large sums of money to persons to aid in manufacturing false statements. In ~several instan es I am reliably advised that they have used the expression, 'We have the money and are willing to give it o you if you will help us.' "'It is not Hearst alone, but there are other interested parties in the conspiracy, and with th.e main pur pose of injuring me, they combined their efforts.' A-.styp-to-dyn. The best known remedy f'or burns, uts, bruises or sores of any kind on man or beast. For sale at Maye3' Drug Store. 12-11-08-taw-tf. HISTORY OF ITALIAN EARTH I uake disaster now ready. 500 pages with ~illustrations. Price $1.50. Write or call on Mrs. W. W. Wicker, 1305 College street or pnen No C and leave your order. tougt an S F.oIHUNTE by&R. . K.S on EMnstae SixorCtgages Store Room o Masin street now occuIed oRea. ste SixomCttages Mayr ven. street. steet Desirable Office Rooms in Herald and News Building. WA. 0. Houseal, M. D. Office Hours - 5 9 o aOJ . m. L. A. Riser, M. D. Office urith Dr. Houseal. {8 to 9 a. m. Office Hours - 2 to 3 p. m.. 16.3o to 7.3o p-.m. - Life 100,000 Years Ago. Scientists have found in a cave in Switzerland bones of men, who lived 100,000 years ago, when life was in constant danger from wild beasts. To day the danger, as shown by A. W. Brown of Alexander, Me., is largely from deadly disease. ''If it had not been for Dr. King's New Discovery, which cured me, I could not have lived,'' he writes, ''suffering as 1 did from *a severe lung trouble and stubborn cough.'' To cure Sore Lungs, Colds, obstinate Coughs, and prevent Pneumonia, it's the best med iine on earth. 50e. and $1.00. Guar anteed by W. E. Pelhiam & Son. Trial bottle free. A-styp-to-dyn. Cdugh remedy for colds and coughs, pile ointment for piles, pneumonia and eroup salve.for pneumonia or croup. For sale at Mayes' Drug Store. 12-1-08-lta.w-tf.. Tortured on a Horse. ''For ten years I couldn't ri.de a horse without being in torture from piles,'' writes L. S. Napier, of Rug less, Ky., ''when all doctors and oth er remedies failed. Bucklen's Arnica Salve cured me.'' Infallible for Piles, Burns, Scalds, Cuts, Boils, Fever Sores, Eczema, Salt Rheum, Corns. 25c. Guaranteed by W. E. Pelham & Son, Newberry, S. C. Sees Mother Grow Young. ''It would be hard to overstate the wonderful change in my mother since she began to use Electric Bitters,'' writes Mrs. W. L. Gilpatrick of Dan forth, Me. ''Although past 70 she seems really to be growing young again. She suffered untold misery from dyspepsia for twenty years. At clast she could neither eat. drink nor sleep. Doctors gave her up and all remedies failed till Electric Bit ters worked such wonders for her health.'' They invigo rate all vitai organs, cure liver and kidney trou bles, induce sleep. impart strength and appetite. Only 50c at W. E. Painm oc Son's, Newberrv. S. C. BOOKS1 NEW YEAR W SET OF Books L LINE JOURNALS, CASH BOOKS, BOOKS, BOOKS, qD'UMS, CE BOOKS. :k before buying.E rices as cheap as , and besides you your home town. )OL Store Wh. Not? I Others, Pay You DEAT lUN ER'S~ [E ery Transaction. i Price on Every D e partment. Save Money S GOODS8FROM US. EST FOR LESS. sality and prices ged by other mer the great saving these reasons we trade. : : : :4 ETNER, quare Dealer. R POLICIES: annually. mmoting. sously. ~HBANKC FOR YOU ipervision of and regularly miner.4 Prosperity, ly, S. C. DR. J. S. WHEELER, V. President. J. A. COUNTS, Assistant Cashier. |BLANK] START THE WITH A NE Blank I HAVE A FUI LEDGERS, DAY BOOKS, RECORD RECEIPT MEMORA] TRIAL BALAT Examine my stoc You will find my p you can order them keep your money in Does It Pau? It Has Pai( And It Will TO TRA 0. K L ET WHEK Honesty Rules Ev Special Reduction ii Article in Every If You Want tc BUY YOUR OHRIS TMI WE SELL THE B If you compare ql with the prices char chants you will see we offer you. For are entitled to your The Fairland S SOMEOF OUI To be conservative. Topay four pr cent.sei To bond every employee. To be progressive and acc< To lend our money to our To treat our patrons court -To be liberal and prompt. To secure business from a] TO BE THE VERY BES TO DO BUSINESS 3 Our institution is under the si examined by the State B-nk Exe The Bank of Prosperit DR. GEO. Y. HUNTER, President. J. F BROCashier.' bor as a peon to him, the said Joshua W. Ashley, in liquidation of a debt, by then and there compelling and re quiring the said William Davis, oth erwise known as Will Davis, to work and labor for and serve the said Joshua W. Ashley in liquidation of said debt, the said debt being then and th.1re claimed to be due him, the said Joshua W. Ashley, from and by the said Wliam Davis, otherwise calle.3 Will Davis; a more particular description of said debt being to the grand jurors aforesaid unknown; contrary to the form of the statate of the United States in such case made and provided and against the peace and dignity of the United States. It is further set forth: "The said debt then and there slaimed to be due one Lonie MeGaha, from and by the said William Davis; .... that the said Joshua W. Ashley then and there claimed and pretended to have an agreement and arrangement with the said Lonie MeGaba, the particulars of which are to the grand jurors afore said unknown, whereby the said debt claimed to be due ,the said Lonie Me Gaha from and by the said William Davis was to be paid and liquidated by said William Davis working and laboring for and serving the said Joshua W. Ashley; contrary to the form of the statute of the United States made and provided in such case and against the peace and dignity of the United States." The presentment states that on the 15th of November the said Joshua W. Ashley held Will Davis in peon age for a debt said to be due Lonie MeGaha, or to John MeGaha, deceas ed. The indictment further alleges that Samuel Poole was held as a peon in November and George Johnson ii January of this year. The witnesses named are: Will Davis, George Johnson, D. R. Green, Hugh Davis. Frank P. Robinson, Samuel Poole, W. 0. Donnella, S. A. Allred. The Ashleys Popular. Representative Ashley said with pride a few days ago that ithe Ashleys had made a clean sweep in politics last summer. He had been elected to the house from Anderson, his son, elvin J. Ashley, comes to the house from Abbeville county, and his son in-law, Mr. Jas. S. Pearman, made a remarkable run for clerk of court in Anderson and was etected. "'Citizen'' Josh has been a stir ring figure in the legislature for many years and has developed into a wise parliamentarian since the time when in stentorian and raucous tones he first thundered in the days of "Reform,'' "Mr. Speaker, I'm agin it.'' A few days ago he announced that ment Hethinks ithe negro is the pro per laborar for this country. Among his other legislative experiences, it was recalled yesterday by Mr. Bacot that "Citizen'' Josh and Hon. R. C. Watts of Laurens, now spoken' of prominently for t:he posiition of asso iate justice, once were narrowly pre vented from bloodshed in the house. Mr. Watts resented "Citizen'' Josh's too pointed remarks and drew a re volver on him. But that was in the heait of days which are practically forgotten. John McGaha, who is referred to in the indictment, was killed on the night of September 26. He was a re lative and an adopted son of Repres entative Ashley, who resents many of the things 'said 'about McGaha at the time. McGaAIa had killed three men, one a white man. He had been tried for his life in two counties. The last trial was in Abbveville in Sept'ember just before he was killed himnself. He had gone to arrest some negroes and bring them back to work, it was said, and while looking for them at a negro hot supper near Belton he was killed. SThe indictment alleges that Rep resentative Ashley tried to liqui date indebtedness of McGaba to him self by compelling negroes to pay with labor their debt to McGaha and his widow. SEMINOLE SITUATION. Judge Hydrick Refuses to Vavate -Judge Watts's Order-Judge IHydrick's Order. Judge Hydriek, in Columbia on Monday, made an order on the mo tion of Messrs. Asbill & Stevenson to vacate the order appointing the re e eivers of the Seminole company, on the ground that Judge Watts was without jurisdiction. The motion also included a reduction in the bond for the new board of directors of the Seminole company to take the com pany over from the receivers. Another part of the motion was to appoin>t the directors trustees to wind up the af fairs of the Seminole compaly. and further to ratify the contract made between the Southern Life and the new directors of the Seminole. He held in the order filed n Monday that the reord showed