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BASIS OF IRE APPEAL IN THE JONES CASE GROUNDS ON WHICH CASE GOES TO SUPREME COURT. Papers Given to Attorneys For the State-Error on Part of Presid ing Judge Alleged. The State. Union, April 1.-Grounds of appeal to the supreme court of the ease of W. T. Jones, who after a great legal fight and sensational trial, was on February 6 convicted of the murder of his wife last July, with recommen dation to mercy, and who on the fol lowing Friday was sentenced to life imprisonment in the State penitenti ary, have just been filed with the at torneys for the State, an extension of 10 days having been granted that -the appeal might be perfected. Very great interest will be felt in the appeal, as the case was not only sensational, but attracted widespread interest, because of the many unusual features entering into it in the way of evidence, as well as the legal tactics employed by the defendant's counsel in their efforts to secure his release on bail, and to defer the trial of the case, which they failed to do. The following is the substance of the appeal, which covers about 15 or 20 pages of typewritten matter: . The refusal to quash the indict ment, and compel the State to elect. Because it was error to admit the testimony of B. G. Gregory and Ar thur English, relative to Mrs. Jones' acts and conduct towards them as rel evant and competent, and was entire ly il-logical, if the conversation to wards them was excluded as irrele vant r ad incompetent. Because the illustration in regard to circumstantial evidence used by the judge was in reality and substance a charge upon facts. Because the evidence as a whole was insufficient to bring about a con viction. 2. Exceptions as to matter of evi dence: Because his honor erred in allow ing the witness Ida E. Wihitlock to testify as follows: "I have seen on her body marks of where he struck U_sr. I saw -marks on her body that Mr. Jones had made,'' when it clearly appears that the witness was not speaking from her own knowledge, but from inforniation that she had receiv ed. Because his honor e'rred in failing wthen requested to do so, to instrruct the witness Ida E. Whitlock to re frain from making a statement based upon hearsay, this failure taking place especially when the witness said in response to the question: "Q. 'Harry with upstairs with them'?" "A. I suppose he was ini .his own bed room. Hi:4 methet toll me L.e was.'' And allowing other testimony brought in. 3. Exceptions to the first charge of his honor, the presiding judge: Be eause his honor erred .in charging up on .malice in his first charge. That bis h'onor ordered the jury toefind a verdict out of one of the four: 1, guil ty of murder ; 2, guilty of murder with recommendation to mercy; 3, guilty of manslaughter; 4, not guilty. That he distinctly said to .tihe jury, "You must arrive at one of them.'' He kept the jury in the room the whole of one night and the greater part of one day. That he intended .that- they must find one of the verdicts which he stated, the error being tihat under the law of South Carolina, and under the act of the legislature, the jury had the legal right to make a mistrial. 4. Exceptions to seond charge of his honor, the presiding judge: That he urged upon them the importance of arriving at a verdict and that the language of tihe judge' was calculated "to influence the jury ,to be guided by the judicial anxiety that there should be no mistrial, rather than upon their own conception of the difficulties pre sented by the facts. That his honor erred in 'speaking of 'the Hoyt Hayes case. That he erred in saying he could 'not feel that the was doing his duty to 'his country if he were to let th4 jury -off with a mistrial after so short a deliberation. - That the -repeated instances on the parnt of t'he judge that the jury should find a v'erdict indicated to the jury. That the judge was satisfied that tihe facts presented but little difficul ties and were legally capable of hav ing a verdiet rendered upon them, and his illustration taken in connection therewith in the second charge clearly indicated to .the jury his opinion that they should find as against the defen dant. 5. That his honor erred in not granting the motion for a new trial. That he erred in not quashing the indiet'nent submitted by in the mo tion thereto. Th.a he erred in o-iring illustrations in the second charge and that evi dence on the whole being insufficient to conviet the defendant, and that the verdiet should have been set aside, be cause of the affidavits telling of the expressed opinions of the jurors pre ceding the 'trial. ARRANGEMENTS FOR CONTEST. Greenwood People Preparing to Con duct Big Competition in April. Bureau of Information. The State. Greenwood, April 1.-A meeting of the local arrangement committee to make initial preparations for the com ing oratorical contest has just been held. Thi-s contest comes off this year on Friday evening, April 30. The lo cal committee always begins early to make preparations for this, one of the biggest events of the year in Green wood. Mr. R. P. Blake is chairman of the local committee on arrangements. At the meeting last Friday Mr. Geo. W. Hart and Prof. I. E. Curry of Lan der college were elected members of the local committee. The following is the full committe: R. P. Blake, chairman; H. L. Watson, secretary; Dr. R. B. Epting, Mayor Baker, G. Will Gardner, J. S. Bailey, Geo. W. Hart and Prof. I. E. Curry. Heretofore th ere has been some trouble in securing homes for the dif ferent visitors, delegates, etc. Mr. H. J. Brinson, proprietor of the Oregon hotel, reported through Mr. Blake that he could only promise to itake charge of the college boys, the members of the executive commibtee and the speakers. The committee decided to organize a bureau of information to solicit homes and have the man in charge of the bureau at some central point Friday, so as to help visitors in getting lodging places. The commit tee has secured 1Mr. J. W. Canfield for this purpose. He will have a cen tral location on the day of the contest and before that day he will make a canvass to secure a list of homes, prices to be charged, etc., so that he will be prepared to assign the visi tors when they apply for rooms. The price of the tickets of admis sion will be the same as last year, 75 cents for reserved seats, 50 cents for general ad'mission. There will be more reserved searbs this year than last. Mr. Geo. W. Hart will have charge of the sale of tickets and wil.l have a diagram at Sheridan & Hart's store. The proceeds of this sale will be devoted to the .pipe organ fund of Lander college or to other purpose more expedient to t-he college author isties. 'The music athis year will be furnished by Lander college and is bound to be a most important feature. Oratorical contest day is one of the biggest days in the whole year here, and the Greenwood people know it. It behooves every one to join in to make the day 'this yeair the biggest suecess of any yet held. FIFTY YEARS. Col Hugh Wilson Celebrates Golden Anniversary as Editor and Owner of Abbeville Press and Banner. Hugh Wilson in 'Abbevi'lle Press & Banner. On April 1, 1859, the editor of the Press and Banner bought from WTr. H. Wilson a one-half. interest in the Independent Press. In 1869 that pa per was consolidated with the Abbe ville Banner. .With this issue I have, therefore, completed half a century as owner and editor of this paper. While I had been employed in the Banner office as printer for nearly a year before I bought an interest in th,e Independent Press. I date my half centruy in the office from April 1, 1859. A little less than five years ago I sold the office to Messrs. Bead ey, but my .name 'as editor is still !t the ihead of the paper. In the conduct of the paper for half a century I have not knowingly print ed a vulgar word, or any combination of words that would suggest unutter able things. However much I may h.ave failed I have striven for the higher and the better standards. I have sought the uplift of chiarac ter. While I have criticised particu lar acts of individuals. I have assail ed no man's eharacter. During all these years I have been blessed in many w'ays. I have 'had good health, for which I am thankful to an overruling Providence. I have enjoyed the friendship and the good will of many of the best people of the city and county of Ab bevilie. When I look back I feel that no man ever had greater reason to be grate jul to any people than I have to love the peopile of Abbeville .county. I think they are the best in the world. Entering as I did, upon an educated or learned pursuit, it -is but natural that I shouild sometimes have made mistakes. But notwithstanding all ths. T have had the sustaininir help and the enorgn ymathy of Having strong convictions that the right must sooner or later prevail, and being of Scotch descent, I was there fore deficient in that tact which would enable me to ple)ase all men. Lack ing the disposition to set my sails to catch the popular breeze, I have often brought storms against myself. I have often thought that my char acter and my motives were misunder stood, and .that for this reason injus tice has occasion'aily been done to me, but for all that the general average of kindness has been largely in my favor. But my life has been as an open book, the pages of which were accessible to all. With the passing years the incidents of a laborious life h1ave been inscribed on its pages. My zeal for the church into which I was born, and whose members stood to me in the years of my youth, has led me to the indiscretion of so acting as to ineur the displeasure of a few of the clergy. The paper into whose of fice I, as a little boy, left the home of my parents to learn the printing busi ness having turned on me land having sought to ruin me and to preach me into hades even while still alive, I know not whether a Christian burial will be accorded to me by that peo ple. But I have a clear conscience in trying to open the eyes of the people to the fact that an imposition has been palmed off upon them. If I shall op en their eyes to the fact that they axe contributing money to Mexico that should go to buy shoes and clothes for their own 'little children, I shall be satisfied. I shall have disoharged my duty as I see it. My responsibil ity will then be ended. As I have striven to live honestly, so I hope that that great sleep, into which I must soon enter, may be one of peace. In these fifty years the Press and Banner has recorded the death or re moval from the city of nearly every man and woman who lived in Abbe ville in 1859. A large per cent. of the citizens of that time went to the war, never to return. Since the war, the others, one by one, have crossed the river. Among those who survive I note: R. E. Hill, J. W. Sign, T. C. Seal, L. H. Russell, George White, H. T. Tusten, John T. Owen. Of the old citizens of -Due West who took an active part in the affairs of; the town in 1859, Prof. J. F. Lee alone survives. Of the subscribers to the Press and Banner at the time of my coming into the office, I can now recall the names of only four who survive, namely: Dr. J. D. Neel, of Troy, and Prof. J. F. Lee, of Anderson, W. C. Moore, of Dlue West, John T. Owen, of Geo'r gia. A Royal Legacy. Tit-Bits. A poor woman's act of kindness has brought her an unexpected reward under a rmantie legacy which a king of England granted to a subject over 250 years ago. Tihe story of the legacy 's origin is famous. Flying from the battle of Woehester, in 1651, King Charles II, was hidden from the pursuing soldiers amid the foliage of an oak tree by a farmer named Richard Penderel. The king's gratitude took the form of six perpetual legacies, granted to Richard Penderel and other members of- his family. Two were of ?100 a year, the other of sHghtly over ?50. These legacies have come down through many generations, links be ing lost here and there, neirs occa sionally disappearing. Some time ago Mrs. Cassin, the wife of a London ca.b driver, appear ed at the office of Messrs. Petch & Co., solicitors, having read of a Pen derel legacy last July. Nine years ago, she said, her brother, John Pen derel, a fruit porter, died, leaving *a little daughter four years old unpro vided for. Although she had no childrent of her own and it was a struggle to make both ends meet, Mrs. CassinL adopted the little girl to save her from the workhouse. Her brother.. she said, had spoken of an annuity, which had come down to him from King Ciharles II., but her impression was that the pension ceased at his death. Application to the courts and to trustees followed, and recently the dead man 's little daughter was held to be a legal successor to her father's pension, which amounts to nearly 1 pound a week. Mrs. Cassin 's kindness t.o her lit 'tle niece was rewarded by a sum of over 200 pounds, which had accrued in the hands of tihe trustees. In ad dition she was created the guardian of the child. Seeing is Believing. The Sketch. Mrs. Brown (to the new maid) Well. Nora. I hope we shall get along veryv nice ly; I am not at all difficult to please. Nora-No, mum: that' just what I th:mgh.t the very mlinuite? I set my eye SOENEZ FROM "BUSTER BROW1N ROPOSALS FOR SCHOOL SITES INrVITED. All persons desiring to offer site's fr the proposed'i new school build igs and grounds of Newberry School istrict will please file their propos s, including a ninety da,y option on te property offered, with the under sgned on or before noon Thursday, pril 8, 19,09. The right is reserved treject any and all bids. J. ME. Davis, 42-09-2t. Secretary. M|| "" o 0 ::s Quck Mr. DrgitQik >0 of Buke'sAnc Save ere' a qure-o th lovo [oses 0ur! ay' ure h If0erbyJhnecthsfo Quick E. ha &n,Newberry, Moe 'Hurs Baysb-e m - L ARselfr,rbl-oni cut hiD.o Ofewith thDr.Mai Hsal-P nt iso cureby alle theaiy Itil te gratesta hettlerentofrth. esate rbyate for Peh&So,Nberry,o hursdiay April 22,9t 10, a elev 'elokintheforeoon tand immed Lca.A.Rs r M.D orflcewith D. Y. Jonses, NOTIE OFRINAL SETTLEMEN Notc i8. eveby giesn hat I.30ia. o.,fo ucnnectione in Betwthecuto oter for Gew1eville. y o Thursda, Aril 22,lballa eevAn eolcn th f.15no.om, anr conneio a'Belto thafr Souther Rlettefr dismiso na amnitalre. ai OPERA HOUSE, TUESDAY NIGB 75 cents $1.00, and $1.50. SUM Columbia Glass Lined Ful Line of the Best Fr Call and See Us. W The J.L, HOUSE FL 316 and 1318 Main St. No. 20, leaves Anderson at 2.20 . ., for connections at Belton with outhern Railway for Greenville. No. 8, daily except Sunday, from ahalla arrives Anderson 6.24 p. in., with connections at Seneca with Southern Railway from points south. No. 10, from Walhalla, leaves An derson at 4.57 p. in., for connections t Belton with Southern Railway for Greenville and Columbia. Westbound. No. 17, arrives at Anderson at 7.50) . i., from Belton with connections from Greenville. No. 9, arrives at Anderson at 12.24 . ., from Belton with connections from Greenville nd Columbia. Goes T, APR11L 6th. PRICES 50 cents, WAILL SOON BE ON US And you will have to T HINK A BOUT A. Ref rigerolor .We have a beautiful line, all up to date. The best and cheap est Glass Lined Refrigera'ors on the market Will keep your food pure and cold for weeks. These are all Cold Dry Air. From $8.75 to $46 WE ALSO H AVE SWill Save You Money. IRNISH ERS NEWBERRY, S. C. to Wal.halla. No. 19, arrives at Anderson at 3.4 p. in., from Belton with connectio from Greenville. No. 11, arrives at Anderson at 6.29 p. mn., from Belton with con nections from Greenville and Colum bia. Goes to Walhialla. No. 7, daily except Sunday, leav Anderson at 9.20 a. mn., for Wal wfith connections at Seneca for 1 points south. Nos. 17, 18, 19, and 20 are mixed trains between Anderson and Bel Nos. 7 and 8 are local freight trains, carrying passengers, between Anderson and Walhalla and between Waihalla an? Aneron