University of South Carolina Libraries
VOL XLVI NO. 20 NEWBERRY; S. U.. TUESDAY, MARCH 9.1909. DR. ROBSON LOSES AN EYE. Charleston Dentist Attacked by Ne gro Waiter in Washington Restaurant. News and Courier. Washigton, Mrch 6.-Dr. Lon inie B. Robson, dentist, and a member of the Gernan Fusilliers, of Charles ton, was attacked by a negro waiter in Harvey's restaaurat, in this city, Thursday night, and as a result he hias -lost one eye and the other %ws anjured. A careful investigation made of the affair icates that the attack was entirely unprovoked. Dr. Rob son, who came here with his company to attend ithe inauguration, was en tirely alone at the time. The negro approached from the rear, struck him a staggering blow, then as the victim turned he was struck again in the fbee, the latter blow smashing and dMiing pieces of the eyeglasses he wore i.nto hi face. When this hap pened Capt. Schroder was called and at once set about to apprehend the negro. The men in oharge of the res talurant are said not only to .have failed in their efforts to apprehend the man, but absoilrtely prohibited Capt. Schroder from having him arrested, .1ntil he could be gotten ont of the building and away from the scene of attack. He has not yet been arrested. The waiter had become angered a few minutes before merely because Dr. Robson had told ihim not to brush, agaimst 'him. Dr. Robson was taken by , Capt. Sehroder to the Episcopal Eye and Thoait Hospital, wJheire the left eye was r'emoved. It was stated to-night that the patient was doing well and woum be able to go home in a reason eble length of time. - Credit should be given Capt. Shro der for keeping down more trouble. The assault oceurred about midnight Thursday, and 'he did not inform the members of the various South Caro liua troops of what had happened, and most of them .left here for home more than fifteen -hours afterwards without learming of the assault. He knew that f -they learned of the trou ble there would undoubtedly be blood shed. It is due, therefore, to his cool ness that more trouble was not had. Co. Cogswell, Capt. Sehroder and Jerry McMahon, Representative Le gaee's secretary, have been in consul .tation with'the police officials of this city about: the mnatter, anmd have aAso 9etained 'te law fi'rm of Douglas &>s Baker' to 'Fake wnatever legal steps may be necessary. They have a-13o made arnangemaents with the hospital atuthorities ito give Dr. Robson every attention until he is able to go home. Both Col. Cogswell and Capt. Selbrod er wit a pert of J;roops who came, leave for homne tomormow. TTT.TMAN RETURNS HOME. Says There is No Use in His Remain ing in Washinlgton on Account of Tariff. Wasaington. March 6.-Senator Tibnean -left for his home in Southb Carolina last night. "What is the use of my stayingI here - for 'tariff legislation?"' be re marked to his friends upon leaving ~the city. " The Republi.eans h'ave map-I pdout a policy which cannot be af fected by the Democrats." Mr. Tillman will, however, return by dhe ti-me the tariff bill has been framed up by the house of represen 'tatives ,anid is ready for the senate. 8 RUNAWAY SENATORS RETURN Dea.dlock in Tennessee Legislature Broken. Nashrille, Tenn., March 5.-After. Ky.. eight of the thirteen State sena: tors whoran away from here vent the passage of objectionable elec tion bil'ls, returned to 'iashvifle from Kentucky 'today. The runaways wereI escorted to the capit'ol by their friends. The aturniing -senators say tha.t aiu agreement has been made whereby the maito isj to promise not to at temr't to force a ratification of the Wednesday's election, but will leave the matter as it 'now stands to be Mrid out in the courts. TAFT CALLS EXTRA SESSION. The President Issues His First Pro clamation-Congress is Request ed to Convene at Noon, March 15. Wasiington, March 6.-President Taft today issued a call for a special session of the sixty-first congress to convene Maroh 15. The call does not mention the object for which the spe eial session is called. The following is the text of the call: By the President of the United States of America.: A Proclamation. Whereas, public interests require tha:t the congress of the United States should be convened in extra session at 12 o'clock noon on the 15t.h day of March, 1909, to raeceive snch com munication as may be made by the execative. Now therefore, I, William Howard Taft, president of the United States of Ameriea, do hereby proklaim and dealare ithat an extraordinary occas ion requires the congress of the Unit ed States to convene in extra session at the capitol in the city of Washing ton, the 15th day of March, 1909, at 12 o'clock noon, of which all persons who shall at that time be entitled to aot as members thereof ara hereby required to take niotice. Given u-nder my fiand and the seal of the United States of America the 6tih day of Mareh, in the year of our Lord, one thousand, nine hunded and nine, and of the Independence of the United States the one hundred and thirty-third. (Signed) Wm. H. Taft. By the President. P. C. Knox, Secretary of State. MARC WEATHER FORECAST. W. P. Houseal Gives Out a Few Predictions. Columbia, Ma-rdh 6.-Mr. W. F. Houseal, the distriec weather prophet, a'e out the following today: "The tcloud formations on Friday nig'ht. March 5, indicate the appear anice of .anotiber cold wave for March, to reach the South Atlantic coast ear ly next week, between the 9th and 11th. A simi&a.r disturbanea will oc cur arounid the correspoinding dates the following week. The vernal equi nox will be seompanied by a storm. wave which will affeet this section about. Mardh 23 ito 25. T hese condi tions will cause a lower average of temperatures for tbie month as com pared wiith Fe'bruaary. ''11he in.dications for low tempera t-res in April and frost even in May make anything (ike 'a full fruit crop qite an impriobability this year. The peadh erop on elevations like the Ridge Spring section will not be as seriously a.ffected by the low tempera tures as T,a fav.oirabl'y l'oested see tiens. The indica.tions are thait, while the erop witi not be a full one, it will not be an entire failure in any see tion." Gov. Ansel Na.mes Staf. News -and Courier. C.olumbia. March 6.-Governor M. F. A'nr:el today issued thes following: ''I do ,hereby make the following sopontmnts as the military staff of the governors. to wit: As'sistant Adju t:ant General. Wmn. T. Brock, colonel, ColmbDa: oaartcrmnasrter ge'neral, Win. F. Stevenson, colonecl. Cheraw; Judge Advocate General; Benjamin A. Morgan, colonel. Greernville: commis sary genera], Robert P. Hamer. Jr., edonel. Harrer. S. C.: chief of ord n:ee David W. Daniel, colonel, Cr!emrnr college; aides (le camp. Wil i, n W. Ma'Ire, eolonel.. Barnwell; J.s. G. Ward'liw. col,ue!. Yorkville; DTh niel (O. Herbart, eolowl, Orange burg; milit: ry seeretaqry to governor, Cas. H. Cabaniss. c'ol'nel. Columbia; aides de camp, David R. Geer, lieu tenan.t colonel, Belton; Francis S. Ev ans, lieutenant colonel, Greenwood; Alvin Etiheredge, lieuten'ant .colonel, Sainda; Wiaiiam Banks. lieutenan't abort'~ March 23 to 25. These condi colonel. Cdlumnbia :T :brs. B. Butler, lieutenant colonel, Gaffney; Sam. Tr. MCravy, lieutenant colonel, Spartan brug; Hal T. Buck, lieutenant colonel, Conway. ('Signed) M. F. Ansel, ''Governor." THE HUNTER CASE. Remittitur Stayed Pending Appeal to Supreme Court of the United States. Chief Justice Y. J. Pope has stay ed the remittitur in the case of the State v. G. Wash Hunter, recently af firmed by ithe snpreme court, for thir ty days, upon petition of the defend ant, in order to give tim& to perfect an appeal in the case to the supreme ,court of -the United. States. Hunter, wiho was charged with mu%rder in the killing of Elbert F. Copeland, in Laurens county, was tried four times in Larurens, -after which the venue was changed to Greenwood, where in February of last year he was convict ed of manslaughter and sentenced to serve eigiht years on the publi-c works or in -the State penitentiary. In his appeal to the supreme court it was contended, among other things, that the constitution of the United States gave him the right to be tried in the county where the alleged offence was committed. Other constitutional questions were raised. The exceptions were overruled, 1however, and the case was recently affirmed. Hunter's attorneys went before Chief Justice Pope upon a petition setting forth that in their appeal the constitution and laws of the United States were drwn in question, and that the petitioner was desirous of having these questions -passed upon by the supreme -court of the United States. The petition prayed that the remittitmr be stayed to give defend ant time to perfect his appeal. Following is the order of Chief Justice Pope staying the emittitur: Order of Chief Justice. Whereas, on the 23rd day of Feb rary, 1909, a final judgment was rendered by this court, affirming the judgment of the oeuit court in the above entitled action; And whereas, it appears that in Tndering t1he said judgment righ.ts or authorities exercised under the constitution and laws of the United States were drawn in question, to wit: (a) The right of the defendant appellant to be tried in the county where the adleged offense was commit bed and a iright to a trial by jury in the county wherein the alleged orime was -coimittted, rights wihieh are guara,tened to the defendant under Article VI of the ame'ndments to the constitution of .the United States; (b) The right of the defendaat-appellant not to be requi-red to .answer for a capital, 'or other infamious crime, ex eept upon 'a presentment or indict ment of a grand jury, a right guaran teed to 'the defendant-appellant ander Article V of the ame'ndmnents to the constitution of .the Uniited State; (e) The right of the defendant that he shail mot suffer inhvoluintary servitude except 'as punishment for a crime whereof the party shall have been duly convicted, and th'at he shall not be dieprived 'of 'his :li.berty without due process of ia'w, and that he shall have the equal proteetion of the law, rights guarant'eed 'to h5im mnder Article XIII and XIV of the amendments to the constiftutila.n of the Unitbed States; And whereas, it is claimed that said judgment of, this a-rt denied the said rights or ath'orities claimed un der tihe consti'tu,tion and laws of the United States; Therefore, in order that the defend ant-appelllant may have the questions passed upon by The supreme court of the United States, and on motion of Richey & Richey and Cole. L. Blease, attorneys for the defendant-appel lant; It 'is ordered, That the remittitur herein be atayed until thirty days from -t:hie 'date 'h'ereof so that t.he de fendant-appellant may perfect his ap peal to said court. YT. J. Pope. Chief Justice of .the Supreme Court of the State 'of South Carolina. At Chambers. Newberry, S. C., Ma roh 3, 1909. Followi.ng is the petition upon which the order was granted: The Petition. To the Honorable Chief Justice or the Supreme Court of the State ol The petition 'of G. Wash Hunter, thie defend.ot-appell:ant, in the above entitled action would respectfutly show uno the court: 1. That he is informed that on the 3rd .day of Fehruary, 1909, a fin.il judgment .was rendered by this court, ,affirming the judgment of the circuit cou-rt in the above entitled action. 2. That in rendering the said judg ment, rights or authoritias exercised under the constitution and laws of the United States* were drawn in question, to-wit: (a) The right of the defendanit,appellant to be tried in the county where the alleged offense was committed and 'the right to a triat by, jury in the county wherein the alleg ed crime was committed, rights wich are guaranteed ito the defendanL un der Airtite VI of the amendmWits to the constitution of the United States; (b) The right .of, the defendant-ap pel-lant not to be required to answer for a -capital, or otherwise infamous crime, except upon a presentment or indictment of a grand jury, a right gua,ranteed to the defendant-appeilan under Article V of the amendmnts to tqve constitution of the United States. (e) The 'right of the defend ant that he shall not suffer involun tary servitude except punishment for a crime whereof the party shall have been d1mly convicted, and that he shal! not be deprived of his liberty without due process of law, and that he sh-li have the equal protection of the laws. rights guafranteed to him undei Arti cles XIII and XIV of the amoid ments to the contitntion of the Uiit .ed States. 3. Thait the said judgment of this court denied the right or authority claimed by the defendant-appellant undier thLe constitution and laws of the United States. 4. That your petitioner is desirous of having these questions passed on by the supreme court of the U;iitel States. Wherefore, Your petitioner pray: That -be remittitur herein be stay ed so that the defendant-appellart may perfect his appeal to the said suprme coutt of -the United States. G. Wash Hunter, Petitioner-Dfendant-Appellant. Richey & Richey, Cole. L. Blease, Attorneys for Defendant-Appellant. SENATOR SMITH SWORN. Took Oath of Office Tuesday Along With the Others. Washiineton, March 5.-South Car l;in a.' new *enator, E. D. Smith, took the oatih of office yesterday, and im 'mediatelv entetred upon tthe discharge oa his an:tes. Promotly at noon, he advprneed to the vicee president 's desk, nAr~~ tMre with many other new men, took the solemn 'and bind'ine obliga tie-n of a Unjited States senPtor. Sen stor Smith was welcomed to tihe mnper limin>e a nd received handshakes frnn .mamnv of 'his .newly made co'lea enso baib~ ies of the chamber. Moj'v" lla Sonth Carol'iniain-a residing n W'ashnoton went to the sen a te to -ce:.- .hA take t-he onth of offie and to. eten' theiir .pon.ragt,iltione. Tb re ina"~ n om tonebt. b"t will he 1eqk n Wa aiirngton 'aenin when the extra ma~cn be~;ne on Mireh 15. Tt a on duoil that 1' will endle'ar to get finance, but nothing definiite can be l:prned' aibout thi's now. UNUSUAL PRIVILEGE GRANT.. Mrs. Cleveln.nd and Mrs. Harrison Ma.v Mail IWatter Free of Cost. Waehinetan. March 5.-One of' the lo.st ofRiial act's of George Von L. Meer. as nostmster general. was the i.a11aree of wn ordn'e directing that all vn'il maltter senmt hr Frances F. Cleve 1994. wi4nw of t:he l'te Pr-esident (rovler Cl:ere~landl. aind hv Mary-' Lord -Yrri'i.m. widnr~w of the late President Rem.'9mrra' Harn1rn. n.nder thiei r writ t.'n anitog'ranh sienn1tn1res. .s'hall here ,Cfor be~ es've're f"ee of nostage. d,rring tihiir p":tural lives. The order cor *min effect an act of conrress n' 'ed February 1. lac. Ever notice that your aipetite for eres 'was 'not sanonnal until the price co"red above 30 cents a dozen? A prominrant magazi'ne is telling us albont the enormon1' 'danger to life and property created by ratVs. There is another kind of ''rat " thlat is ere JOINT COMMITTEE EXPLAINS. When We Get Our $40,000 School Equipment We Will Lead Other Towns. To the Voters of Newberry School Distriet: In this issue of our local papers ap pears -a notice of an 'election to be held March 24, 1909, on the question of issuing' se-hool bonds to the par value of $40,000.00, if' so much be deemed necessary by the school board, the proceeds to be used for en larging the sehool facilities in this district. The act of the legislature authorizing the election is printed to day also. This notice and taet sp6ak for them selves, and yet, a word of explanation from the joint committee that has ihad this matter in charge may not be amiss. There are two methods by which an election on the question of a bond is sue, such as the proposed- one, may be authorized. One is by a petition from a majority of the freeholders to the city council. The other, by act of the legislature. When the matter first came before the joint -committee it was thought that time might be saved by using the petition method. In consequence, petitions were circulat ed, and generally signed. But it is no small matter to -canvass a majority of the freelholders of this town. Many are new iresidents, many more are wo men who must be-,seen in their homes, while a considerable -number -are un known negroes. The partial canvas was highly sat isfactory, as nearly every white male resident freeholder signed the peti tion. Only ix or seven refused. How ever, when the committee compared its list with the tax-books it was found th!at we did not have a major ity. In the meantime the legislature kad met. It was then decided to adopt the second method, as it was now evi dent that in this way time and work would be saved. This is the reason for ehanging the method. If the com mittee had had the time to devote to this canvass there would have been no difficulty in getti-ng the necessary inmber of names. Now, one more statement is neces ,a.ry in this connection. T.he net.ition that was circulated asked for an election on 30-year hnds -not to exceed $30,000.00; the at authorizes an election 'on 40-year bonds not 'to exceed $30,000.00; the was this change made'! The joint committee ih!ad no way to determine the exiaet 'cost of the necessary build ings, groumnds, and equipment without the expenditrrre of considerable mon ey. It had no money. When the work is completed there should be no un paid bills. The committee, therefore, decided that it woulid be better for the trus tees to have authority to raise too mucib money rather than run the risk of having too little. The trustees will sell only enough of the authoriz ed bonds to pay for what they con sider best for our schools. Thbis may not be as much as $30,000.09 or it may be more. Moreover, $40,000.00 in 40-year bonds w-ill require the sa.me levy to retire them .at,,ma'turity as $30,000.00 in 30-vear -bonds. We are now paying one mill on the old bonds which are about paid off. When tihe new bonds are issued we will simply continue t.his one mill levy for their 'retirement in 40 years. The joint committee is due the pub lic, an 'apology for its seeming slow ness in getting this matter to a vote. The fact is that the indlividual mem bers of the commi'ttee, owing to stress of duties, have not been able to push this matter .as fast as it deserved. It is hoped, however, that tihe wvork will o vapidly forwa.rd from now on, and that the trustees will have the im provements ready for use by the o.pening of next session. A was said above, our people are practi'ally unarnimous on this sub ject of -improved se:hools. We are behind other towns just now, but we expeet to be in the lead again by -the first of next session, just as we were in the.lead years a go when our present building was erected. F. N. Martin. W K. Sligh. CABLE PIANO SALE. Closed Out Instruments-Much Pleas ed With Results of Sale in Newberry. T'he Cable Piano Company sale has closed, and all of the pianos have been delivered. It is probably one of J. V. WALLACE, President Cable Piano Company of South Carolina, Charleston, S. C. the most remarkable sales ever con dueted in Newberry -in the short 'space of time whieh it took. Messrs. Wal lace and Kennerty, the genial and ameoplished managers of this re markable sale, have sold over $8,000 worth of instruments and will finish their deliveries today. They are very much gratified at the success which has attended their efforts. News From Fair View. We have beent having a niumber of rains lately, and last Wednesday morning quilte a little hail storm struck this country. The farmers are making little pro gress in the preparation of the fields for planting. The health of the community is vry good ,at presenrt. We are pleased to see Miss Mary Long is convalescent again, after having been ill for some time. Mr. H. H. Hunt lost a horse a few nights ago. A new 'phone lime is being complet ed from Prosperity' through this vi einity. It will be quite an addition to the appearance of the country. Mrs. Ida Baker and slittle son, also Miss Irene Moore, visited relatives here last week. Mrs. Nora Goree and little son are at the homes of Mr. J. B. Connelly's for awhile. Fair Vilew school will hold its elos ing exercises the 3rd of April. If there is any faith to be placed in old miaxims, we can aint.ieapate plasa.nt weather for the last of this monTh, since the blustery winds have convinced us all that Ma.rch certainly "eame in like a lion.'' Fiddlers Convention. Mr. L. 0. Tyl'er, of Richmond, Va., is in the city and expects 'to hold a Fiddlers' Convention in Newberry on the 18th of this month. His purpose is to secure a 'li'st of the old time fiddlers in this county, and those who learned in the old school and iha*ve them play their old timre music. Tflhe object is to bring together muzieians of the old schooL These fi!d'dlers will also play for prizes. All of them will be permitted to enter the contest without charge. Tphe Greensboro paper in speaking of the convention which was held in iihat State sometime ago says: "To say that the event was a success goes without saying. It would be impos sible for one to describe the playing or to give even a faint idea of the music. One must go and listen for himself.'' It is said that 2000 people attended the convertion which was held m1 Greensboro. Mr. Tyler desires a list of the fid dlers in this country and will invite all of them to enter this contest. If anyone who sees this notice does not receive a fomnal invitation Mr. Tyler would be glad to have his name so 'hat he 'may enter. The rules and regulations govern ing contest will be printed 1-ater.