The herald and news. (Newberry S.C.) 1903-1937, March 09, 1909, Image 1
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.