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VOL XLVI1 NO. 21 NEWBERRY, S. U.. FRIDAY, MARCH 12.1909. TWICE A RIGHT TO REJECT CHILDREN. From Graded School After Term Be gins in Court-Mandamus Issued. A matter which has been discussed for sometime in the town of New berry, relating to fhe enforcement of a rule of the trustees of the Newber ry graded schools is to be heard in the courts soon. Some years ago the board blished a rule that after the 15th day of October of ,each scholastic ear no pupil who was unprepared for the work of some one of the grad es would be admitted to the schools. This only affected the very young children, generally those who have ver gone to school before, and more aXen those who have become six years of age after the schools have opened. At various times a number of chil dren have been refused admission be eause of the rule refered to. The sehool authorities established this rale for the reason -that children com ing in at all times during the session to ibe entered into the* first grade would be a hindrance to the work of that grade, it being necessary for the teaher of the grade to hold back the other pupils for those who were not advanced sufficient to keep up pro perly with the work. A short while since the little child of Mr. Oscar W. Roberts applied ior admission, the little one -coming to Newberry to reside sometime after r the schools opened, and h-ad never gone to school before. Acting under the rule of the board of trustees re ferred to, Prof. Stuckey, the super intendient, refused to admit the lit tle girl. Mr. Roberts retained Eu gene S. Blease, Esq., to represent him in the matter, and a petition has been presented to Judge Prince for a writ of mandamus, requiring the superin tendent to admit the child imto the school. A rule to show cause has been issued by Judge Prince, and the matter will likely be heard next week, !he 16th being set. The petition and order of Judge Prince are given in full herewith. The proceeding is rather in ithe nature of a friendly suit, it being conceded by both sides that. there is some question as to the rule of the board of trustees being legal, and it is well for the matter to Sbe final-ly determined. It is said that alnost all of the graded schools in the State 'have this same rule in effect. Mr. Blease who is bringing the ac tion for Mr. Roberts is familiar with the school law and has always taken an aetive and unselfish interest in all echool matters. He served efficiently Ks cunty superintendent of educa fa 'oir Saluida county and later when he was senator from that county was a miember of the senate commit tee on education. 'DThe following are the petition and Sthe order of Judge Prince to show cause: PETITION FOR WRIT OF MANDA MUS. STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY. Osca'r W..Roberts, Petitioner, vs. William A. Stuckey, superintend ent of the Newberry Graded Schools, Respondent. Court of Common Pleas. Oscar W. oRberts, the petitioner above nam.ed, petitioning to this hon-. orable court, would respectfully show: First. That the petitioner is now, and for several months has been, a resident of 'the town of Newberrv. and of Newberry school distri-et, in the county and State aforesaid: that petitioner is .a member of the white race: t.hat for many months petistion er has had, and now has, residing with him, in the place aforesaid, his in fant daughter, also a member of the white race, -now eight years of age, to wit, Ellen Roberts. Seerand. That several years ago there was establ.ished in the said New berry sc-hool distriot a system of free graded schools, with a school for cil dren of the white race and one for children of the colored race, the same being established in pursuance of an act of the general assembly of the State of South Carolina, entitled 'An aet to establish the Newberry school district, to authorize the est.ab sm-nt offe radeAd schools there in, and to provide the means for the efficient management of the same," approved the 23rd day of December, 1889; that the said free graded schools have been continuously kept open and maintained during each scholastie year since the establish ment of the same; that the said free graded schools have been, and are now, maintained and supported from moneys derived from the levy and collection of the three mill tax for public schools, levied and collected by the proper authorities of Newberry county during each and every fiscal year as provided for in Section 6 of Article XI of the constitution of the State of South Carolina, from the poll tax fund, and from moneys darived from the levy and collection of spe eial taxes for the -maintenance and support of the said schools upon the property located in the said school district that is subject to taxation. Third. That .this petitioner is. in forired, believes and alleges, that the school set apart for the benefit of the white children of school age with in the said sh'ool district was opened for the present scholastic year on some day in the month of September, 1908; that, with 'the exception of a few days, the same has been constant ly kept open since the said time; that ithe same is now open and being conducted, with several hundred white children now enrolled therein as pupils; and that the said school will continue open and in session un til about the first day of June, 1909. Fourth. That, as this petitioner is informed and believes, William A. Stuckey is now, and for sometime, has been, superintendent of the said the Newberry 'graded scbools, and, as such superintendent, has been, and now is, in charge of the books, re cords and office pertaining to the said position of superintendent; that he 'has been, and now is, diseharging the duties of the said position, and, as such superintendent, he is authorized, empowered and required to admit in to the said schools the children of chool age, residing in the said school distriet. Fifth. That on or about the first d-ay of November, 1908, the petitioner caused lb-is said child, Ellen Roberts, to apply for admission and enroll ment as a pupil in the school set apart for the children of the white raee in the said free graded schools of the said Newberry school district. That, as t-he -petitioner is informed and be li'eves, the said Ellen Roberts was de nied a:nd refused- admission and en rollment as a pupil therein by the res onde-nt, or some one of the teachers of the said school, acting for the said respondent and under his authority. Sixth. That on the 4th day of March., 1909, the petitioner, in per s-n, presented hris said c-hild at the said school for white children, and demanded that the said~ respondent admit and enroll her therein as a pu til. That the said respondent denied v-our petitioner the right to have his said child so admitted and enrollad, and refused to accept her as a pupil in the said school. Seventh. That the petitioner is in formed -and. believes that the acts and conduct of the said respondent as hereinbefore alleged are contrary to the provisions of the constitution of 4he State of South Carolina, and the tatute la-ws of the State, providing for the establishment, m-aintenance, support, c-onduct and regulation of t.he free public schools of the State of South Caro}inia, and contrary to the act of the general assembly of the St-ate of South Carolina referred to in the second paragraph ~hereof, and -the acts -amendatory thereof, and that the said respondent, by his acts and ond-net aforesaid, it depriving your oetitioer of his legal rizht to have hi said child admitted and enrolled in the aforesaid school, and, thereby ijuing the petitioner. Wherefore, petitioner humbly prays this honorable court to forthwith is sue a writ of mandamus, odregnri sue a write of mandamus, ordering, cma nding. .compe.lling and requir ing the said respondent, William A. Stukey, superintendent of the New berry graded se.hool, in Newberry -hol distriet, in th county and Stte aforesaid, to forthwith admit and enroll the said Ellen Roberts as a poil in the school of the said the Newberry graded schools set apart to -th childrn ef the white reae. I And your petitioner will ever -bum bly pray. Oscar W. Robert. Petitioner. Eulgene S. Blease, Attorney for Petitioner. Newberry. S. C., March 9th, 1909. Personally appeared. Oscar W. Roberts, who being duly sworn, says: That he is the petitioner named in the foregoing entitled proceedings, that lie has read the petition herein, and the matters therein set forth are true of the deponent's own knowledge, ex cept such matters as aire herein set forth upon information and belief, and as to those, this deponent be lieves the same to be true. Oscar W. Roberts. Sworn to before me the 9th day of March, 1909. W. A. McSwain, (L. S.) Not. Pub. for S. C. Rule to Show Cause. Upon dire consideration of the veri fied petition of the petitioner herein, upon mot-ion of Eugene S. Blease, at torn-ey for said petitioner, It is hereby ordered and adjudged that the respondent, William A. Stuickey, superintendent of the New berry graded schools, do show cause before me, if any he may have, at my chambers, at Newberry, South Caro -ina, on Tuesday, 'the 16th day of March, 1909, at 11 o'clock in the forenoon. or a.s soon thereafter as counsel may be heard, why the pray er of the petitioner herein for a writ of mandamus, orderino, commanding, compelling and requiring the said re spondent to forthwith admit and en roll the petitioner's child, Ellen Rob erts, -as a pupil in the school set apart for children of the white race in the free eraded schools of Newb6rry school district, should net be granted. Let a copy of this order and the verified petition therein be forthwith served upon the respondent. Geo. E. Prince. Cirecit Judge, Presiding in the Eighth Judicial Circuit. La.arenso, S. C., March 10, 1909. M. C. Butler. To that gallant soldier, patriotic statesman and delightful gentleman, M. C. Butler, on the 73rd anniversay of his birth, long life, good health and happihess! Much history 'has been written since M. C. Butler first saw the light, on that beautiful hillside at the foot of the Blue Ridge, and in the making of history he has pliayed a conspicuous and an .honorable part. Among the first to volunteer in 1861, 'he attained a rank which few of his years could hope to reach, a.nd that only by worth and gallantry. After that struggle he was foremost in u'pbuilding what had been laid waste, and his services again received their due reward in a still later stru.ggle, he was ehosen, as the. representative of the South 's. soldiery for high command in the army of a reunited nation. The battles of youth are over now, and this soldier, statesman and gen tleman has reached -the age where he seeks only peace and comfort. May he find bothi in their richest fulness. -Columbia Record. Advertised Letters. Letters remaining in postoflee at Newberry, S. C., for week eniding March 6, 1909. Mr. Jeramy Brad'ham, Mr. J.' E.' Brenan, Mr. George Borris, Miss Zamrnmin.a Bryon, Mr. M. H. Brown, Miss Emma Buzzard, Mr. Harry Bur to. Ed Cald vell, Mrs. Myra Conady. Mrs. L. C. Fulaton. Thomas Gilliam, G. W. Haumay, Miss Minnie Hill. Mr. Nathan B. Johnson. Mr. H. A. Langford. Mr. R. C. Martiny, Miss Clara Mar harl.l Mrs. Mandie Mabon. r. Pur'dy Pasehal, Miss Edna E. Pnl, Miss Mary Prishy. Victoria iRee, Mr. Sam Robertson. Miss Lillie Suber. Mr-s. Minnie Timmerman, Mrs. Car ie L. Tribble, Mrs. Isabel Thomas, Mrs. Sam We'rts, Mr. an:d Mrs. W. R. Weed. All persons calling for these let ters will please say that they were ad vertised. C. . Pnrcell P. M. THE PINSON CASE. Trial Started Yesterday at Laurens Killing of Young Boyce by His Friend Pinson. Special to The Hera.Id and News. Laurens, March 11.-Cothran Pin son was placed on trial here today charged with murder in the killing of Thornwel.l J. Boyce, while the two were in a buggy with Miss Mary Brown, returning to Cross Hill from a party at Mrs. E. L. Leavell's home, in Newberry county on the night of November 6 of last year. Both were young men of promiuent families, and had been close personal friends, and th!e tragedy was a great shock to the people of this county. The case has created great interest not only in Laurens county, but throughodt South Carolina, and the court house was packed when the trial was entered in to this morning. The principal witness for the State was Miss Mary Evelyn Brown, daugh ter of Mr. R. W. Brown. She had gone to the party at Mrs. Leavell's with Mr. Pitts and Miss Dobbins, and started home with Pinson and Boyce, Boyce sitting in Pinson's lap and driving. When they were about a mile up the road, said Miss Brown, she detected that Pinson had been drinking, and she asked Boyce to let her out of the buggy on account of Pinson's lanugauge, but Boyce told her he thought Pinson would be all right directly. During their ride home she said, Pinson pulled -his, pistol out of his pocket and said lie was going to "shoot like hell," and she and Boyee both asked him not to shoot, to which he replied that he didn't usually give a -. She said.he did not finish the sentence. Pinson, she said, then fired tiwee to the right, and she then indicated how he held his pistol when he fired the third time. Boyce fell out of the buggy shot in the back of the head, the bul let entering about an inch behind arid about two and one-half inches above the external ear on the right side, ranging upward and slightly fqrward, and coming out about an inch and a half above the entrance. Misss Brown after the shooting jumped out of the buggy and ran to the home of Mr.. Jim Hill, where she said Pinson later called her out and told her, "I ddn't shoot Thornwell; he shot him self.'' She testified that her reply was, "Yes, Cot'hran, you did.'' Miss Brown testified that one other shot was fired after Boyce was shot and after she jumped out of the buggy. Miss Brown said that so far ast she ould discern Boyce appeared to be perfectly sober. The State also offered testimony for the purpose of showing that Pin son had been jealous of Boyce at th'e party that night, the theory being that this jealousy was inflamed by whiskey. Even if there was no ina lie, however, the attorneys for t.he State contended that Pinson being en gaged in .the unlawful aet-shooting in the public highway-he was at least guilty of manslaughter. The defendant said he and Boyce had gone to the party together, being t-he best of friends, and on the road home, with Miss Brown in the baggy with them, Boyce pinched him and whispered to him to shoot; that he pulled out ibis pistol and started to shoot, whereupon Miss Brown and Boyce both told him not to shoot, but that Boyce pinehed him again to shoot and he shot twice; t;hat after shooting twice this pistol hung and he then shot the third time; that his pis tol hung again, and he was pullin~g back the hammer and trying to re volve the cylinder when the buggy wheel dropped in.to a rut or ran over something, accidentally dischargmig the pistol. He said he di4.not shoot after Boyce was shot. He said that *he and Boyce had taken three drinkL ach that night. Considerable other testimony was offered by both ,ides to support the respective contentions. The case wili be given to t.he jury ome time this afternoon. Jno. K. Aull. Philadelphia or Herculanleum? "You poor boy, did you fall into that excavation!'' "Naw! I was lying here and they dug dwn to me.''-Louisville. Her THE NEWS or PROSPERITY. City Council Buy Piano-Newberry College Minstrels-Old Folks Concert-Personal. Prosperity, March 11.-Mr. Tom Thompson spent Sunday with his father. Mr. Joiha Cureton and son, Mr. Clarence Cureton, of Greenwood, were the guests of Mr. L. S. Bowers' family last week. Mr. Wilson, of Newberry college'. visited Mr. Clifton Kreps last week. Miss ~ Leila GToseelose returned Monday to her home at Eirhardt's. Mr. Cecil Wyche is ai- home. Misses Julia Schumpert and Annie Singley have returned r PI a visiz to friends in Newberry. Mr. Alonzo Black has h.- ught the Haimen home in MeNary street and will move into the same Jh t weel: The many friends of Mr. H. C. Moseley will be sorry to i'sarthat he i. not gaining strength. I is con fiU to his bed the greater part of te time. Mr. and Mrs. KosZley ate e :1 in Savannah. The city fathers have covered them seives with glory by buying a h1-%ad some piano for the auditai u: This has been a long fel". want-a keen w.nt. If they are not already suffi cnt.y repaid and properly thanked for their generous deed we extend many and hearty thaa& through th(e - nmns. May thcir shadows never grow less. And Billy Possum has succeeded Teddy Bear! Have you seen the cute "billikins.'' Are you wearing the latest scarf pin? A sad death was chronicled here Saturday. The infant daughter, Mary Elizabeth, of Mr. and Mrs. David Ham, gave up its little life af ter more than a year of suffering. Its remains were laid to rest in the Prosperity cemetery Sunday. These young and sorrowing parents have our sympathy. Mrs. Buck has gone to Ehrhardt to visit her daughter, Mrs. Groseclose. Mr. Alonzo Black returned Thurs day from the northern markets where he has been supplementing his, stock and buying a line of millinery. Miss Addie Werts has acepted a position, with Mr. Black and will assume her ,uties Monday. The Newberry College Minstrel Wednesday evening was greatly en joyed. The boys acquitted themsel ves with credit to their alma mater and trainer. The songs and jokes "hit the spot'a~and produced the de sired results-namely, laughter and applause. Grace Missionary Socie.ty will ob serve the. Lenten Week of Prayer, be ginniing March the twenty second. The ipeetings will be open to the pub lie. Afternoon and evening meetings alternating. Mr. and Mrs. Addie have moved in to the Kinard house in Calhoun street. The Old Folks' Concert Friday evening was a success, financially, lyrically, artistically. No one dream ed that such splendid ancient cos tumes were reposing in t.he old hair loth trunks. Atties. are. sometimes a revelation. One girl there was who seemed to have stepped from some old daguerreotype. Others there jae who were equally as striking. Sever4 gentleren recalled all the pictures we had ever seen of the gallants of colonial days. They were there in all the quaintness of knee-breeches, ruffled and lace trimmed linen, broad buckled slippers and powdered wigs. The old songs were sweet and feel ingl'y sung.. The orchestra was well applauded. The leader was so im posing in his long tail blue that some thought our new president had come t grace the occasion. Can you guess' wh he was? Mr. J. F. Browne has entirely re covered his health and will return home in a few days and resume his duties in the bank. Miss~ Ethel Barrymore. the actress, will be married in Boston, on Sunday next, to Russell Griswold Colt, older sn of Conone.l Samuel Pomeroy Colt, of Providence. R. I., president of the United States Rubber company. The ceremony will be very quiet. Miss Brrmore will continue on the stage an,til next summer at whi-ch time she an Mr. Colt will go to Europe. NEW TELPHOE LINE. Another Line in the Rural Districts From Prosperity-List of Subscribers. A new farmers telephone line fur nishing servie to 7 parties will soon be connected with the Prosperity ex ehange of tfe Southern Bell com pany. The contract has been accept ed by the Bell company and the eon nection will be made at an early date. The construction of this line is the result of the activity of the rural resi dents of this section in the matter of seeuring telephone service in their ihomes. This developoment is of parti cular interest and advantage to the merechants, business men and other residents of Posperity enabling them to reach people who would otherwise be unable to tranaeet business in Prosperity except when the visit the city personaly. Among -those conneeted on this line are: J. 0. Moore, W. F. Lester, Geo. Les ter, Geo. Vaughn, J. W. Taylor, J. W. Metts and A. H. Hawkins. This line wil be conneeted with Prosperity except when they visit the Southern Bell eompany whereby far mers and other rural residents may se cure telephone service on an econo mical basis. Tihe subscribers have the long distance lines of the Bell System constantly at their disposal and may reach all parts of the coun try withwit the necessity of leaving their homes. A Strange Dream. One of the patrons of Rural Route No. 1 had a strange dream the other' night. He dreamed he died qnd went up a straight -and narrow w4y . to t4e gate of Heaven. He knocked on the gate and St. Peter opened the wicket and asked him what church he came fiom? He .told St. Peter that he came from Trinity. St. Peter told hiim there -were people there from Trinity. St. Peter then asked him, wnat was his name. He told his name. St. Peter said that was a good name and that there were a number of that name in Heaven. St. Peter then asked him what Rural Route he lived onit He said Route No. 1. St. Peter tben -asked him if while in life he bought stamps to put on hiis letters or did he put pennies in the box. He told St. Peter he always put peninies in the box. Situare near the gate of h'eaven ~ju.t aross the way was the gate of hell. St.'Peter cailed to his Satanic Ma jesty to send an imp of hell for the fellow. Tdb: imip came immediately with a sharp piteh fork in his hanld, and dirove shim to the gate of hell, which immediately open~ed, and his. Satanic Majesty met him with a smile, and told him, he had a special. punishment for the penny people. Jbst .in front of him was a large mail box full of red hot pennies. Satan told him his occupation in bell was to pick out of that mail box the red 'hot pennies for ever and ever. The patron awoke from his gream, the prospiration was pouring from him. The next morning when the Car ier came along and blew his whistle this patron came running to his mail box with 'a dollar bill in 'his hand and' bought a dollar's wort'h of stamps. He told the Carrier of his dream and said he would never put pennies in the box for 'the Carrier to pick up again. Now, dear patrons, did you ever think for a moment how mneh trouble this penny nuisance gave your Car rier. Some days I get 100 pennies, they have to be picked up one by one. Some get into a crack at the bottom of the box and I have to take my knife and prize .them out. Some fall to the ground and I .have to get out of the buggy and scrateh till I find them or pay the postage myself. Now, dear patrons, give this mat ter a serious consideration and I am atisfied that the pieking up of pen nies by 'the carriers (except in a few cases) 'l be done away with. Carrier Route No. 1. Self-Made. Little Jenkins-Yes, I am a self rade man. Big Williams-Tbat so? And what did you do in all your spare time?f