Historical Newspapers of South Carolina

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JUD%*E J. T. MACKEY DEAD. A Soldier in Three Wars, Afterwards Elected Judge by the Carpet Baggers. News and Courier. Washington, April 8-Judge T. J. Mackey died last night at the Georgetown University Hospital, af ter an illness of about ten days, fol lowing an operation. At his bedside when death came, was his son, Capt. Crandal Mackey, Commonwealth's at torney for Alexandria county, Vir ginia. Funeral arrangements have not been completed, as they are awaiting the arrival in Washington of Mrs. Mackey, the Judge's widow, who is in New York City. The ser vices, however, will probably be held at the Virginia home of his son. The interment will be at Arlington. Con federate veterans will act as pall bearers. Thomas Jefferson Mackey was born in Charleston on the 23rd day of April, 1830, and was in some respects one of the most interesting characters who ever lived in this State. In every county of Sotth Carolina good. stories are still told over and over again of his saysings or doings ia the days when he was one of the Cir cuit Judges, some twenty-five years ago. Judge Mackey, as a boy, first at tended the Citadel Academy, in this city, and was afterwards graduated from the Harvard University law school. He took part in the war with Mexico, and at the battle of Chapul tepee received a woand from which he never fully recovered. For gal lan6try during this conflict he was awarded medals by the Legislature of the State of South Carolina and by the City of Charleston. He joined the command of William Walker, the American adventurer, who in 1855 and 1856 seized the Government of Nicaragua, but whose plans failed be cause the United States Government refused to recognize him, and he was one of Walker's captains in that un dertaking. In the War b'etween the States Judge Ma6ke- served throughout the conflict unde; den. Sterling Price, of the Confederate army, and was chief of engineers of the district of Arkan sas. Whatever other charges were brought aga.inst him, he was never accused of lacking bravery. After the war Judge Mackey, de spite the fact that he had been iden tified with the fortunes of the Con federacy throughout that struggle, went in with the carpetbag erowd. He - was elected Judge of the 6th Judicial district of South Carolina, and served -three terms in that capacity. He was a man .of uncommon ability, in man ner sententious and ponderous, yet epigrammatic also, and many of his witty remarks still survive. He it was who said of Wright, the negro Judge on the Supreme Bench 'at that time, that "Wright is like necessity, be cause he knows no law." His in genius mind could always devise some means for acquitting the prisoners whom he wished to acquit and of con victing those whom ,he wished to convict, or for settling civil causes as he -might -desire. One of the so licitors of that time has told this writer of the manner in which Judge Mackey turned loose one 'after an another of a batch of negroes who were clearly guilty, but whom Mac key did not want to convict. He in structed the jury to acquit the first, because the solicitor had failed to prove that the gun was loaded. The solicitor in the next ease proved that the gun was loade-l, but Judge Mac key got around that by telling the jury that they must acquit since it had not been shown that the powder was put into the gun before the bul ket.- In tlie~next case he charged that as. it had not been proved, that t.he gun-muzzle loaders were then used-had been properly primed, an acquittal must follow, and so on. Elsewhere is printed an interesting story of one of 4his charges, which admirably i.llustrates this trait. When the revolution of 1876 took place in South Carolina. Judge Mac key was quick to see the way things were going, and again went in with the Democrats--who were glad at that time to welcome any as.;stance. Hie did good service for Hampton, and( was the 'commissioner from South Carolina, who conducted the nego tiations with President Hayes, which resulted in the recognition of Wade Hampton as Governor of the State, and in the giving over to Hayes of the Presidential vote of South Caro lina. Among the mo're celebrated cases in which Judge Mackey was attorney were the fights for Senatorial seats of Wmn. P. Kellogg, of Louisiana, and Matthew ( . Butler. of South Caro lina; a number of claim eases against the Federal Government following the Civil War, the leading one of which was of the Citadel Academy, which ha been confiscated during 1. War: a d I lie ( ourit-m arti a. of Gen. William B. Hazen, whom he de fended. Not much. has been seen of Judge Mackey in South Carolina in recent years. Reports brought back here indicated that his career for a time was a checkered one, but little has been heard of him in the last several years. Writing of Judge Mackey's death, Zach McGhee, the Washington cor respondent of the Columbia State says, under date of April 8: Judge Thomas J. Mackey aied last night at Georgetown University hos pital, Washington. He will he buried tomorrow at the national cemetnry at Arlington as a survivor of the Mexi can war. One of the picturesque fig ures of the Reconstruction days, al ways stately, erect and of proud bear ing, eloquent in speech, Chester fieldian in address, he was the same to the very last. With his hoary head lying back upon a pillow, un able to raise itself, a ghost-like pallor in his hollow cheeks, the unmistakable far-away death gaze in his blue eyes, he spoke in his accustomed deep chested tones. "When last your eyes beheld me," he declaimed, when a few.days .ago I went out to see him, "I was enrobed in the insignia and the emblazunry of a South Carolina soldier, marching with that gallant command, the Palmetto regiment, towards the battlements of Chapul tepee, and now I want you to tell the people of 'the grand old State of South Carolina that if they would do anything for the honor of -a man who tried to serve them faithfully in the Mexican war, as well as in lending assistance towards ejecting from the boarders of that grand old common wealth the alien vultures which prey ed upon her vitals during Reconstrue tion, I would like for them to -engrave upon the old iron palmetto tree on the State .house grounds, which com memorates the deeds of the Palmetto regiment, the name of Thomas J. Mac kv.' The Judge died, from all appear ances, in abject poverty. He got a pension of $20 a month, which seemed to be about all he had. When about three weeks ago Rep resentative Aiken, upon the request of Mr. A. S. Salley, went to look for Ihim, he found him in a third rate boarding 'house .orer on Capitol hill. He was ill then, very ill. His wife was with him, but she left a few days ago for New York, it is said, to see one of the judge's sons, who was re ported ill. Crandall Mackey, another son, lives across the river in Virginia, but prae tices law in Washington. There has been a long estrangement .between fath'er and son, so that not until it was reported to him that his father was dying did the son know -of his illness. Two weeks ago Judge Mackey was taken to the hiospital, where an opera tion for gallstones was performed. Tlie following Sunday Mr. Aiken and I saw him at the hospital and while exceedingly weak they told us he was getting a long nicely, and had good chances of recovery. A few days ago they told me he was much improved and I h:ad hopes of his recovery, but it seems he became feebler and feebler and last night he died. Judge Mackey's mind dwelt upon the Re construction days. He* expressed the wish about his name.on the Palmetto monument, but he entertained the fondest hopes of recovery. His mind would get dates mixed, as for in stance when hd coupled me with the battle of Chapultepec, but he knew what my calling was. ''I shall be out in a few days. Before I die there are three books I must write. You re-. member how in 1874 I sounded the death knell of Radical rule in my pronunciamento against Moses. We will write it. Come to see me. We will coilaborate.''' And he enunciated. the word ''collaborate'' with 'his ae eustomed oratorical roll as if he had been before an a'udience of thousands. So died, as he had lived, Judge Thomas Mackey, majestic, eloquent up to the very death rattle. S. S. TINER PARDONBD. Spartanburg Man Convicted of Kill ing Ed Kirby Is Released. The State. Columbia. April 8-Governor Ansel today pardoned S. S. Tiner, of Spartanburg County, found guilty of manslaughter at the January term of Court, and sentenced to serve three years in 'the State Penitentiary. Tiner is a white man an'd was for a number of years president of the Law and Order League at Paeolet. It was stated by those seeking a pardon that Tiner was one of the best and most law-abiding citizens of the community. He had the record of having been instrumental in bringi ng more than a hundred offenders to the bar of justice. Amongr those who Osborn, his attorneys; Senator H. B. Carlisle, Sheriff W. J. White, the Rev. S. A. Nettles, editor of the Christian Advocate; the Rev. J. W. Guy, the Baptist minister at Pacolet, and others of like prominence. In the petition to the Governor the titioners say: "The undersigned citizens of Spartanburg County pe tition you to pardon S. t. Tiner for the killing of Ed- Kirby. We believe that justice will best be served by granting him a pardon, and that to imprison him 'longer' will be to un mercifully add to the sufferings he has borne so long and so patiently. Nothing but his peaceable character enabled him to do so. He is one of our best citizens and most law abid ing. It was a case of killing or being killed after nearly two years daily peril of his life." The man he killed, Ed Kirby, is reputed in the petition to have been a desperate character. Kirby, it is said, ha.d hounded Tineri for two years, threatening his life. One letter says he (Kirby) associated with the most vile and vicious element in the community, and was. a dangerous character. Kirby had been in many difficulties before. The killing took place the latter part of November last year. The ease was appealed to the Supreme Court, but afterwards abandoned, and every effort was made to get executive clemency before Tiner began serving his sentence. This Governor Ansel re fused, as it is his custom to consider no petition while the petitioner is out on bail or a case is pending appeal. He must first submit to the decree of the Court. In granting the pardon the Governor says: "After carefully and maturely considering the facts of the case and all the circumstances sur rounding it, and all the causes which led up to the unfortunate homicide, I think that -a pardon should be granted to the petitioner, S. S. Tiner, and it is so ordered." PAYNE TARIFF BILL Passed 217 to 161 After Three Weeks' Discussion. Washington, April 9.-After three weeks' diseission, the Payne tariff bill was passed by the house tonight by a vote of 217 to 161. One Repub lican, Austin (Tenn.) voted against the measure and four Democrats, all from Louisiana, Messrs. Broussard, Estopinal, Pujo and Wickliffe, voted for it. An attempt by Champ Clark, the minority leader, to recommit the bill with instructions signally failed. The day was filled with excitement from the moment the session began at noon until the last minute. The mem bers were keyed up to the highest pitch and a practically full member ship remained on duty throughout. The final vote demonstrated the ca-' pacity of the Republican organization to get together. The .situation with respect to lumber was greatly re lieved for the Republican .leaders when it became 'nanifest thatdthe ad vocates of the proposition of placing it on the free list were in the minor ity. Because of that fact, Mr. Fitz gerald (N. Y.) charged that a mid night deal had been made last night whereby' free, lumber was to be voted down and the rates on barley and barley malt increased, and this not withstanding the denials of Messrs. Mann (Ill.) and Cushman (Wash.) who offered the barley amendments. The general public was greatly in terested in the proceedings and the galleries were packed. Both the di plomatic and executive reservgtions likewise' were fully occupied, one of the conspicuous observers beinig Mrs. Taft,. wife of the president. When the bill actually was passed the Republicans cheered lustily, some dancing up and down the aisles and patting their fellow members on the back. After 'adopting a resolution that until further ordered sessions shall be held only on Mondays and Thuurs days, the house at 8 :20 p. m. ad journed. JOHN WARREN SURRENDERS. Young White Man Who -Shot Two Ad.mitted to Bail. Specil to T.hec State. Saluda. April 9.-John Warren, the young white rman who in the early. hours of Sunday morning last shot John and "Bige'' Anderson, camre to Saluda 'Wednesday afternoon anrd surrend-ered to the sheriff. Hfe was at once admitted to bail by Magistrate Ramey in the sum of $300. The Andersons, who at first were thought to be very seriously and per haps fatally wounded, are both doing niel 'and it is now t;horght both of th'm will sonni be up and out. Warren made no 'statement at all about the cause of the ,shoo:ting fur ther than to say he wa.s sorry lie had been compllelled to shoot thiem. The sessions court was adjourned WAR REMINISCENCE. Proposition to Build a Flying Ma chine Submitted to Confeder ate Army. Z. T. B., in Fort Mill Times. From the 25th of Mareh to the 9th of April I am always in a reminis cent mood. Take these dates in 1865 and they were full of interest for every Colnfederate soldier. We will start a little further back, say Janu ary 1, 1865. Our case b "all to look hopeless, for we could all see by that time that the South's cause was lost. About the middle of February a man of some degree of science lec tured to our army in an effort to raise funds to build some flying ma chines so that we could fly over the enemy's camp, drop a few bomb shells into their ranks and either ex terminate them' or drive them from our soil. There was a general in our army who was a great believer in the flying machine and he, too, took an active part to build the machines. In one of his lectures he compared th Confederacy to a wet koon skin. He said we were very much weaken and feeble at present, but very soon the eoon skin would dry out and if you trampled it down at one place it would rise up somiew1here -else. Then as mafters grew worse ev ery day,when this general would make his appearance the soldiers would The general soon got to the place The general son got to the place where the question did not sound good to him, and then you would hear some swearing. Our most se rious trouble began on March 25, sonth of Petersburg, Va., and our troubles became greater .each day until we surrendered April 9. The last cight days we marched day and night and fought some each day without a single day's rations. We got into camp just one night and that for the short space of four hours. Th-en, after staying in the bull pen seven days, we tramped home, barefooted, nearly naked, and with no money in our - pockets. Such was the fate of one of the best armies that ever saw the light. Some of us have kept the wolf from our doors and some haven't. Broth er, don't let us be forgetful of the unfortunate ones. AN APPEAL TO THE SONS. Hon. Geo. Bell Timmerman, Corn manuder, Urges Contributions to Fund for Women's Monument. Mr. Geo. Bell Timmerman, com mander of the South Carolina divis ion of the United Sons of Confeder ate Veterans, has issued the following call and appeal: ''To Sons of Confederate Veterans: "I desire to call your attention officially to the effort being made to raisa money to supplement an appro iiation made by the last general as sembly of South Carolina for the pur pase of erecting a monument to the women of the Confederacy,, and to urge upon you the propriety and tur gent patriotic necessity of contribu ting to ~'this- worthy cause. ''The movement is in thorough ac cord with the spirit and purposes of our . organiza-tion, and I have no knowledge of any undertaking which affords a. better opportunity to mani fest our appreciation of the devoted conduct of our mothers--the daugh te'rs of the nation that 'rose so white and fair' and 'fell so pure of orime.' "T:he d.uty of raising this money is properly with the sons of the 'women of the Confederacy,' and it is ear nestly desired that we take up the :sk with the energy and devotedness that characterized those to whom it is proposed to erect -this monument. They merit this effort on our part and more, so let all of us avail ourselves of the opportunity to make the cher ished expectation of this memory *a glorious reality. "Geo. Bell Timmerman, " Commander S. C. Div. U. S. C. V. "Official: Win. M. Carter, "'Division Adjutant.'' Harbinger. Teo piteher now begs to -innonniee He has a bran' new curve On which no batter chap can pounce. And make it feneeward swerve. It has a kind of corkscrew turn That must preclude a swipe From which announcement we may learn The season 's almost ripe. --Indianapolis News. Might Be Shocking. Chicago Daily News. "YVes'' said the employment agent. "I think I have a job that will suit mur. A downtowni merha nt wants a Vuif nner mn to he partly out of doors and partly behind the counter.' "I don't know about that.'' rejoin thle applicanit. "What will be the YOU WANT THE PRETTIEST SU ER sUIT I YOU CAN GET I And yet you do not want the cost to be too much. Well, just come and WE.WILL SHOW YOU the'softest, silkiest and sheeriest mercerized stuff on the market. Mr. Mercer certainly used the Wand of the Wizzard and put the LOVELIEST COSTUME within the reach of the most* modest Pocket Book. COLORS, DID OU SY? DELICATE! EXQUISITE! Lilac, Pink, Blue, Gray, and of course White -and Black. Crepe, plain and figured effects. Prices 15 to 50 cents. Come and see them. AN ANNOUNCEMENT. A number of gentlemen, residing in Newberry County, and desirous. of improving the stock of Newberry CoL nty, have formed themseL7e int a company, known as The Carolina SLoek Breeders' Association. The Asso ciation are offering the sarn~ees of ileir richly colored stanLda d -bred horse at $23.00, to insure a cod. The pedigree of this horse is as follows: ' CERTIFICATE No. 65,123 THE TROTTING STANDARD. AMERICAN TROTTING REGISTER. OFFICIA L CERTIFICATE. This is to certify that Prince (Cecilian, 41558, has been duly regist'ered as standard under Rule 1, in Vohunme XVII, of The American Trotting Re gisterrend the pedigree can there be traced in the following form: 41358: Prince Cecilian, (1) brh foaled 1903; by Cecilian Chief, 33698, dam Condula, by Princeps, 536; grandam Miss Fanny, -by Hamlet, 160, etc.(C See Condula, Vol. V.) Bred by J. G. Cecil, Dan'ville, Ky. ICecilian Chief, 33,698 4 eiin,I~ O (Lady Norvetta, 2:13% PRINCE CECILIAN, - 41,558 Princeps; 536 *Condula .... .... .... . J .(Miss Fanily - *Given under my hand and seal at Chicago, Ill. this 29th day of March, A. D., 1906. . (Signed) Frank E. Best, Registrar.. This horse will be found at the feed and livery stable of Mr. B. T. Bishop, who has full charge and management. This is such a rare opportunity to obtain the services of a highly -bred animal at such a reasonable price that it is deemed unnecessary to say more than to invite those wishing to raise colts to an inspeetion of this animal. YOUR BANKING'! THE NEWDERRY SAVINGS DANK, Capital $50,000 - - - Surplus $80,000 No Matter How Small, tee Matter How Large, The Newberry Savings Bank vill give it careful attention,. This message opues to the men and tkne women alike. AS. MceNTO3H. R . NOP?wQOD