Historical Newspapers of South Carolina

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CHARACTTERISTIC CHARGE BY JUDGE MACKEY. Reasoning by Which He Decided that "Buttermilk Wallace" Should Pay $95,000 for Having His Biography Written. To the Editor of The News and Courier: The late Walter S. Mon teith, of Columbia, was gifted as a raconteur. One day, several years ago, he gave me the following account of a celebrated law-suit and of Judge Thomas Jefferson Mackev's extraor dinary charge to the jury. It would be interesting to discover how the case terminated. I think Mr. Monteith told me that there was an appeal, and that $300, or thereabout, was recov ered. Y. S. Columbia, March 31, 1909. A South Carolina Cause Celebre. A. S. Wallace, of York, commonly -called "Buttermilk Wallace," a Re publican Congressman, had ;his - bi ography written, as most of the Con 6 gressmen do when they go to Wash ington, and gave a note for .it for $200, and the note read in its face that the interest was at the rate of two per cent per minute. When it was nearly six years overdue, Col. Rion brought suit upon it. The ease was tried at York before Judge Mackey, who delivered this verbatim charge, having reserved his decision over night: ' "Gentlemen of the Jury; The Court assumes the full responsibility of this cause, and will only require you to settle its conclusions by your verdict. The action is based on a single bill, in ordinary parlance a promissory note, drawn for the ~sum of $200, payable to the order of the plaintiffs, a pub lishing house composed of three mem bers, is. executed by the defendant, whose signature is admitted, is pay able at 60 days from its date, and bears interest, written in its face, at the rate of two per cent per minute after maturity. ' "It is some five and - a half years overdue, and Col. Rion, who brought Ithis action, has called to his aid,.both the infinitesimal and integral calculus and has well-nigh exhausted their re-I sources in ascertaining that the pre cise amount due the moment the cause is called for .trial is some 93,000 odd hundred dollars. . "There are two defences. The first is-that it is founded in mistake, and Wallace :has testified that whren asked Sby the clerk who engrossed the note, what rate of interest should be in serted, that he replied 'two per cent per month,' usual in those d'ays; but that the clerk misunderstood him. The clerk, however, has testified that when he inquired of Wallace what rate of interest should be inserted, .that he ostentatiously replied: 'As iti ris my intention to pay my bills at maturity, I am indifferent on that. subject, and i? you are so inclined, -you may insert what .you like, two per cent pg; ininute if you choose,' and th is was accordingly done. "The Court is embarassed very lit tle by that defence, because it relies more upon the statements of the fclerk, than it does upon the state ments of A. S. Wallace, and therefore that defence may accordingly be overruled. "But the second defence is at tended with greater difficulty, and it is that it is an unconscionable bar Sgain-and like the old case about the nails in the horse.'s shoe, cited in ar gumeant, where the blacksmith, be ieving -that he was paying a reason able price for an animal, agreed to pay one bushel of barley-corn for the first nail, and double upon every one of the other nails in the shoe, the number of nails being 32. "Subsequently computation -de veloped the fact that when the con tract camne to be enforced in the KigsBench, that it required more barley-corn to pay for the animal than was raised in all England, and thereupon the Court directed the jury to ascertain a reasonable bar gain between the parties by ascer taining the real value of the animal at the date of the contract, wikfe interest from date as compensationl by way of! damages; and so it is contended in this ease, that the difference between the principal, the interest and the gross sum is so enormous that it would shock the moral sense of the Court. and the Court is requested to -ascertain a reasonable ba.rgain be tween the parties. After the most earned and most elaborate argument, the Court has reserved its decision, taken the papers to its lodgings, made the matter the subject of a might 's due deliberation, and now -nds it necessary to overrule both of the defences; the first for the reason already stated and in -regard to the second the Court reasons as follows: "Among the testimony produced is neat little octavo volume of 120 des, containing the life and ad ecntures of A. S. Wallace, and it has ansp)ired in the testimony that the te. the subject of this action, was yn ine atpament for the publica ion of i v' lmie. An insyction of it sIIows the fact that Wallace has giveii his biographers a few facts in his early life and his pedigree, and has relied upon his biographers to furnish the rest of the material to fill up the volume, which they have done in a manner entirely creditable to A. S. Wallace, but not at all so to them selves; and they conclude the volume with the statement that they hand to the public in this neat and compact form 'the life of a patriot, a states 'man, a Christian and a gentleman.' "Now, that the laborer is worthy of his hire, is a proposition no one will gainsay, not only because of the eminent source from which it is de rived-the Bible, but also because o. its evident justice; and that the hire should be commensurate with the risk is a proposition equally cogent, though from a source less eminent; so that, if the risk be slight, com pensation will be reasonable; if the risk be great the compensation should be extraordinary. "Under the light of these two propositions, the Court would inquire, what risk have these publishers in curred to entitle them to this appar ently enormous compensation? Now the- same eminent authority, from which I derived my first proposition, also suggests the pertinent inquiry what shall it profit a man if he should gain the whole world and lose his own soal? Now, in that aspect, these publishers stand but a remote chance of recovering but a very small fragment of the immense sphere which we inhabit, yet, and when they have spoken of this individual as a patriot, a statesman, a Christian and a gentleman,. and have given that statement to the public upon their authority, they have put their souls in eminent peril of utter damnation, from which they can only hope to es cape by the beneficence of God, the plan of salvation -and sterling re pentanee. " The amoitnt now claimed is some 93,000 odd hundred dollars, and at the rate at which the interest is still increasing with the rapid flight of minutes, the probability is that, be fore the clerk can enter judgment and bring the interest to seven.per cent under the statute regulating in terest upon judgment, that the amount reached will be quite $95,000, and surely 'the learned couisel, Col. Rion, who has conducted this cause with more than 'his usual signal abil ity, will charge not less than $20,000 for his valuable services on this oc casion, and that will leave 'the sum of $75,000, exclusive of costs to be distributed among the plaintiffs, three in number, and the result would be, that for 'the paltry sum of $25,000 each, three persons have- been found who are willing to imperil a mortal soul. "The Court does not regard the compensation extraordinary--indeed, it is impossible to conceive of a great er risk, and as the execution of the note is admitted, no pretence of pay ment is set up, and the computation farnished by the learned counsel is either correct, or no on.e lives within the reach of the Court, who can cor reet it-the Court assumes its accur acy, overrules both of( the defences,' and directs the foreman of the jury to walk up to the-elerk 's desk and enter a verdiet for the amount claimed, and it is so ordered.'' EXCUSION RATES VIA SOUTHERN' RAILWAY. To Charleston, S. C., Columbia, S. C., Spartanburg, S. C., and Wahbington ,D. C. To Charleston and return :-Ae count Meeting of Shriners the South ern Railway announces very low round tr/ip ..rates. .Tickets will be sold April 21 and 22 limited for ret. turn, leaving Charleston not later than midnight, April- 23, 1909. To Columbia and return :-Account Musical Festiv-al very low round trip tickets will be sold April 21, 22 and 23 limited for return, leaving Colum bia not later than midnight April 24, 1909. To Spartanburg and return :-Ae count South Atlantic States Musical Festival very cheap round trip tick ets will be sold, April 19, 20, 21, and 22 for trains scheduled to arrive in Spartanburg before noon April 23, 1909. Limited for return, leaving Spartanuburg not later than midnight A pril 24th, 1909. TTo Washington, D. C., and re turn :--Accoun' Annual Meet:ing Dauthters of the American Revolu tion, Washington, D. C.. very low round trip tickets will be on sale Apr. 15 an]d 16 'only, -fromn all stations, limited for return, leaving Washing t")n up) to and including, but not later tian midnight, April 28th, 1909. For detailed information, tickets, eU:.. apply to Southern Railway tick et agents or address, J1 L. Meek, Asst. General Passenger Agen t. Atlanta, Ga. i. C. Lusk, Divieso asee Agent, THE MIRAGE. Conditions That Make Possible This Beautiful Illusion. About that natural phenomenon, the mirage, much myster; clung in days of old, but science explains it as read ily as the rainbow. The fata morgana of the strait of Messina and the specter of the Brock en were nothing more in sober reality than mere mirage. A mirage may occur at any place where the denser stratum of air Is placed above the lighter stratum, thus refracting the rays of light, the com mon surface of the two stratums act ing as a mirror. In looming mirages distant objects show an extravagant increase in ver tical height without alteration in breadth. Distant hummocks of ice are thus magnified into immense towers and pinnacles, and a ship is some,times abnormally drawn out until it appears twelve or thirteen times as high as it is long. Rocks are seen drawn up to ten or twelve times their proper height. Houses as well as human be ings and animals appear in like exag gerated shape. Another form of mirage is when a ship or some other object near the water seems greatly elongated and a second inverted image meets it from above. Sometimes the proper image of the object is elevated far above the sea. while the second image strangely ap pears inverted beneath it, the whole surrounded by a sheet of sky which is mirrored anAepeated within it. In 1882 In the arctic region Captain Scoresby recognized by its inverted image in the air his father's ship, the Fame, which afterward proved to be seventeen miles beyond the visible ho rizon- of his observation. One August evening in 1806 Dr. Vince saw from Ramsgate, at which place only the tops of Dover castle towers -are usually visible, the whole of the castle. It appeared as though lifted up and bodily placed on the near side of the intervening hill. So- per feet was this illusion that the hill it self actually could not be seen through the figure. Some forms of mirage are lateral as well as vertical, arising from unequal density of two contiguous vertical bod ies of air. Thus on Lake Geneva a boat has been seen double, the two images some distance apart. Persons have been duplicated in the same way. Any one on a hot day by placing his eye nefr to a heated wall may see lateral mirages of objects at. a distance and nearly on a line with the wall. Mirages are very frequent on des erts or the large sandy plains which abound in the southwestern states and territories. Many a panting wagon train has pushed on in joyous haste at the sight of a green grove or limpid lake, only to be cruelly disappointed at the fading away of the vision. Is it any wonder that the natives and In dians regard the phenomenon as the work of evil and tantalizing spirits? Lake Ontario is famous for beauti ful and wonderful mirages, during which the opposite shore of the lake is plainly visible from either side. Pearson's. Court Dwarfs. Until about little more than a cen tury ago dwarfs were frequently kept as court toys. Records of them might be multiplied almost Indefinitely. Bebe, the dwarf of Stan.islaus, king of Poland, lived to be ninety years of age, dying in Paris in 1858, and is va riously described as having measured thrty-five -Inches and "twenty-three inches. Julia, niece of Augustus, had two dwarfs, each twenty-eight inches In height, and Henrietta Maria had' two whose joint height was seven feet two inches. The Emperor Augustus had a dwarf named Lucius whose height was two feet and weight sev enteen pounds. The last court dwarf in England was Coppernin, who be longed to the Princess of Wales, moth er of George III. An Isle of Man Oath. What is regarded as the quaintest oath still in use is that taken by the high' court judges in the Isle of Man, the terms of which are as follow~s: "By this book and the -contents thereof and by the wonderful works that God hath miraculously wrought in the heaven above and the earth beneath in six days and six nights I do swear that I will, without respect of favor or friendship, loss or gain, consanguin ity or affinity, envy or malice, execute the laws of this isle justly between party and party.as indifferently as the herring backbone doth lie in the midst of the fish. So help me God and the contents of this book." - Selfishness. Jones worked so hard and denied himself so much in order to pay his life insurance that he had neither the time nor the means to be sick, and he outlived all the beneficiaries, who were mean while engaged in the relatively unhealthy business of lying back and waiting for him to die. Moreover, in thinkig of the matter he became con -icedl that he had a good deal of fun. after all- more fun, indeed, than most. "I'm a terribly selfish fellow," ex claimed Jones guiitily.-P uck. Politely, Bounced. A good exa mple of the extremely courteous in publie correspondence wa th noic se to Cha:rles JTames Fox that he was~ no longer a member of the government of George III. It read thus: "His gracious majesty hais been pleased to issue a new commnis slnn in whicsh ynnu, name dnocs not STEALiNG A SIGN. That Was the Policeman's Charge, but It Was Not Sustained. Stealthily the policeman stole out from behind the side door of the sa loon and quickly pounced on some Co lumbia college boys who were carry ing a long board sign that had hung over some tobacconist's shop. The youths protested against the officer's interference, but he told them that they would find It a hard job to turn little old New York into a college town, and off to the lockup they went, college boys, sign and all. "What's the charge?" asked the ser geant as he looked out at the aggrega tion of the coming great men of learn ing. "Stealing a sign," answered the cop as some of the boys bumped it into the station house, where It reposed against the wall. "We did not steal it," spoke up one of the youths; "we only borrowed it." The sergeant turned to the cop and told him to call up the owner and find out what the true state of the case was. The policeman read the sign slowly and then turned to the tele phone book to look up the owner. "Hello! Did you lose a sign?" And the answer made the policeman scratch his head. "What did he say?" asked the wait ing sergeant. The reserves were be ginning to grin, and the policeman looked very uncomfortable. "It is all right," he said, scowling at the youths. "The owner says they rented the sign for the night and are to return it tomorrow morning when he is ready to do business again." A shout went up from the youths as they were ordered out of the station, and they took up their triumphal march and sought out some other un suspecting cop to dupe, and far down the street came back their triumphal yell: "C-o-I-u-m-b-i-a!" The cop laughed to himself as he started out again on his beat, and a friend at his side asked him the cause of his merriment "The owner of the sign. was mad all the way through and wanted me to hold the sign. He had rented it all right, but he said that was the third time he had been called out of bed to night, for the boys had been pulled in in three oth(r precinets, but as long as I .was a goat for him 1 thought I would let the rah-rah boys have some more fun with some other cop and sent them on their way."-New York Press. AN JJNSOCIABLE LOT. What Mr. Thomas Thought of the Crowd In New York. Mr. Thomas crammed a fresh stick of birch into his little stove and closed the door, which John Arnold had left ajar on his entrance. Tue tiny shoe shop thus became air tight. Then the proprietor replied to John's question of what he thought of New York. "I can tell ye in 'n.azing few words," he said. "It's considerable of a place. Lots doing an' splendid big buildings an' schools an' churches an' all that. They think they're some punkins too. An' I- ain't saying that there ain't plenty of real smart ones there. Spite of all that, -though, I call 'em kind o' ignorant, besides being cold in their manners." "I want to kniow!" commented John, visibly impressed by this recitaL "I'll tell ye," continued Mr. Thomas. "Brother Tom's boy's office is down near thie bIg Brooklyn bridge, and I used to go down there and set a good deal while my wife visited with his wife up In Harlem. "When it come what they call rush hour I used to go down an' stand on the bridge 'an' watch 'em passing by, hundreds of 'em, on their way home, an' I ~ot to feel real friendly an' to know lots of.'em by sight. But" Mr. Thomas paused impressively "but, although I didn't miss an aft' noon whilst I was there, an' that was two weeks, nary one o' them men ever give me a single glance of recognition. "It wa'n't my place to speak first, me being a stranger an' they home, so to speak. I wa'n't going to push myself; but, 1 tell ye what, John, two or three times I had to hold on to myself to keep from telling of 'em just what I thought of such onfriendly ways. "'Why,' says I to Brother Tom's boy, 'how long do you s'pose -one 0' them would be at Tunkett Corners be fore we knew him well enough to nod to an' found out his name?' "-Youth's Companion. Tongue Charms. The tongues of animals have been and are still In some parts of the world favorite amulets. A tongue cut from a living fox Is said to ward off disease of all kinds, but as the person carrying one will surely die If he hap pens to meet a fox at any crossroads the charm is seldom used. The tongue of the vulture plucked out with iron and hung about a muan's neck in' a new cloth will bring him what he desires. and some Enst Indians believe that if they do not bite off the tip of the tongue of any wild animal they kill they will not have good luck in hunt iug.-London Tit-Bits. A Mean Man. Tommy-Pop. a man is a bachelor until be gets married, isn't he? Tomi my's Pop-Yes, my son. Tomnmy-Andl what does lhe call himself afterward? Tommy Pop's-l'd hate to tell you, myl~ son.-Philadelphia Rtecord. In the Ark. "TradItion has it that Noah's faith ful dog was the last animal to board tha ar.r " CHARLESTON & WESTERNI CA - OLINA RY. Schedule in effect May 31, 1908. Lv. Newberry(C N & L) 12:56 p.m. Ar. Laurens 2:02 p.m. Lv. Laurens (C & W C) 2:35 p.m. Ar. Greenville 4:00 p.m. Lv. Laurens 2:32 p.m. Ar. Spartanburg 4:05 p.m. Lv. Spartanburg (So. Ry.) 5:00 p.m. Ar. Hendersonville 7:45 p.m. Ar. Asheville 8:50 p.m. Lv. Laurens (C & W C) 2:32 p.m. Ar. Greenwood 3:32 p.m. Ar. McCormick 4:33 p.m. Ar. Augusta 6:15 p.m. Tri-Weekly Parlar Car line be tween Augusta and Asheville. Trains Nos. 1 and 2, leave Augusta Tuesdays, Thursdays and Saturdays, leave Asheville Mondays, Wednesdays and Fridays. Note: Tha above arrivals and de partures, as well as connections witb other companies, are given as infor mation, and are not guaranteed. Frnest Williams, Gen. Pass. Agt., 'Augusta, Ga. Geo. T. Bryan. Greenville, S. C.. A styp to-dyn. Has cured iteh magically for others in Newberry and will cure for you. For sale at NEWBERRY UNION STATION. Arrival and Departure of Passenger Trains-Efective 12.01-.. A. Sunday, June 7th, 1908. Southern Railway: No. 15 for Greenville .. ..8.57a.m. No. 18 for Columbia .. ..1.40 p.m. No. 11 for Greenville .. ..3.20 p.m. No. 16 for Columbia .....8.47 p.m. C., N. & L. RV *No. 22 for Columbia .. ..8.47 a.m. No. 52 for Greenville .. 12.56 p.m. No. 53 for Colimbia .. ..3.20 p.m. *No. 21 for Laurens .. ..7.25 p.m. Does not run on Sunday This time table shows the times at which trains may be expected to de part from this station, but their de parture is not. guaranteed and the time shor;n is sub)ject to change with out notice. G. L Rob~inson, Station Mast3r. Organ and Piano Bargains Some good square riauos from $45 to $75. 'Some good used Orga' s from $25 tof45 Should the purchasers of these instruments esire to exchange them in a few years fn anew p~ano, we will allow their market alue as a cred t on the new pianos. Write at once for particulars,- as bargains gquickly. Malone's Music House, -'The Hlome of Good Instruments''O,UPA.SC MRK.t B.R YA () In responls to r estan"s IStates, Mr. Bryan wtoontudt a vigoro Commoner, and asist in the organiza precinct." These glubs will promote on all politcSI. questions~%~ the I To advranoe this gUenet pla tain a special article ea 5sa tii1 an instructive 'way, auathentSie data, to carefully . the 099 plicatiop.t proestiI @ L The Tarsi (br sohmetae aS a a Banks; IMtPA IIt c.lenIalii th crpetse palre This eries willR o vast fund rearlesof~ry at e pid sad debating. socete. - .p..ms...... he Commoner, te' start this cam series of articles In the hands of as rr and express prepaid anywhaen in the books: The Life and Works of Abraham Lincoln-SIX volumes, 2,000 pages, Sound in red cloth, gold back stamp. Introductions and special artIcles by Theodore Roosevelt, Presidenlt Taft, Governor Hughes. Henry Watterson and others. Full biography. anec-, O2otes, tributes, early speeches. fa-. mnous Lincoln-Dougla.s debates In full, later seeches and Important addresses, llpresidentli speeches and state papers. This fine set neatly packed in box sent FhREE and express prepaid to anyone sending 10 yearly subscriptions at the regular yearly subscriptiOn rate of $1 each. The Old World and its Ways Mr. Bryan's own book describing his tour around the wori4 and journeys through Europe. His Impressions are highly Instructive and entertaim ing. Contains 576 Imperial 'Octavo pages. over 200 superb engravings from photographS taken or procured by him. Richly bound In extra English cloth, gold side and back, 4r Start this week among your frien oi- all of them, for a little easy worl for The Commoner. It Is taken by partmnents of Interest to every mem will be organized In every county. secure The Commoner's Course of St features will well repay the subscrib' the 1;tooks which we offer FREE, in the See and send in your subscript or books you desire sent to you. Yo list, and a renewal subscription will boy or girl can ta.ke advantage of1 office money order and agiress To secure any of these books you of paper below, and send together with THF I-I iilLE /ND I A-styp-to-dyn. The best known remedy for burns, cuts, bruises or sores of any kind on man or beast. For sale at Mayes' Drug Store. INCOME TAX RETURNS. All persons liable to an income tax are hereby notified that the time for making returns of such incomes has been extended to May 1. After that date the penalty of fifty per cent. must attach upon all who have then failed or refused to make such re turns. Under instructions from the comp troller general, who is required under the statute laws of this .State to trans mit instructions as to the provisions of the tax laws, I am directed "In case any person refuses or fails to file or swear to said returns to pro ceed to assess the amount of their income upon information and belief and add thereto a penalty of fifty per cent., and charge the aggregate upon the tax duplicate." Blanks for mak ing these retui-ns may be had upon application and those liable to this tax will please secure blanks and make returns before May 1. Eug. S. Werts, County Auditor. 4-2-09-1taw-4t. SALE OF PERSONAL PROPERTY. As quified executor of H. S. Booz er, deceased, I will sell -the personal property of w<hieh the said deceased died, seized, and possessd, on April 14, 1909, as folkwa: At -his late residence in Newberry, S C., at ten o'cloek A. M., one cow, a calf, farming implements, and buggy; also at Prosperity, S. C., on the same day at tihree P. M. one iron safe, and office furniture. "Terms of sale eash. J. P. Wheeler, Qualified Executor. 3-30-09-1tw-3t. STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY. Court of Common Pleas. Mary A. Spehl, Plaintiff, Against Theodore H. Spehl, et a!., Defend ants. By virture of an order of the court herein, I will sell at public auction at Newberry' Court House S. C., with in the legal hours of sale, on Monday, April 5th, 1909, all that lot of land lying and being situate in the county of Newberry and State aforesaid, about one and one-half miles east of the town of Newberry, S. C., same be ing lot No. 8 of the lands of Theo dore Spehl, deceased, containing 107 feet by 150 feet, and bounded by lots Nos. 9 and 7 of said estate and a 40 ft street and Johnstone street.' Terms of sale: One-half cash and thh balance in 12 months with interest on. credit portion to be secured b the bond of the purchaser and a mort gage of the premises sold, with leave to pay all cash. Purchaser to pay for papers and recording of same. H. H. Rikard, Master. N'S PL ANS. mig from every sectio.n of the United un.Campignl of Education through The ion of "An~j educaitional club in every ewok of. education among the voters ea Issue of 'The Commoner will con pltical subject, designed to present, Ia nformatIOn, to give valuable statistical arguments, and to discuss their ap i, upon which all AmerIcans should be St the indi'viduSl); Postal Saving. as Th Rfhts ofthe States; State es asslatiatveand Meferen Dommsst*e Form of Goveramenft Reglation of Railroads and tlon of Senterm; Income Tax. of poltical lnformaltionl for any citizen exenn material for all students of able compendium of politics for schools FOR EVERYONE ipaign of education, and to place this a,ny voters as possible, will give FREE United States, the following splendid regular selling price $2. Given FREE for club of five names at Si each. Regular $3 half leather edition, for 7 iamee; regular $4 full Morocco Edi tion, for 9 nameS.iaanimata portrayal of his personal side, gath ered from actual incidents in his home and public life, political cam paigns,. and world tour. Mr. Bryan as an editor, as a farmer, as a humorist, as a lecturer, as a soldier, in the pulpit, etc.. etc. Handsomely bound in green cloth. 191 pages, beau tIfully illustrated. FREE for club of thtter toa Chinese Official--Mr. Bryan's reply to the famous "Let ters From a Chinese Official." A superb vindication of western civil ization and ideals in answer to an attack on the religion, standards and purposes of our race. Selling price, 55 cents. A neat volume of 96 pages. Given FREE for club of two names at $1 each.0 ds and secure these books FREE, any . It's not hard to secure subsoribers eople of all parties, and contains de ber of the family. Educational clubs a many will subscribe in order to i These articles and other speci 'r and anyone may be proud to ha on its at once, and state what boot r own name may be included In a count the same as a new one. A :his offer. Make remittance byro-t TTHE COMMONR, Lincoln, t4b must cut out this ad., including narme your order.