The herald and news. (Newberry S.C.) 1903-1937, May 28, 1909, Page THREE, Image 3
SIMMONS SENTENCED TO DIE.
July 23 Fixed as Day on Which
White Man, Who Killed Deputy
McAdams, Must Hang.
Anderson, May 24.-Unless a stay
of sentenee is granted pending an ap
peal to the supreme court, Webb Sim
mons, the young white man who kill
ed United States Deputy Marshal
MeAdams on February 20 last, will
be hanged in the county jail yard
here on Friday, July 23. Sentence
was passed on the prisoner this morn
ing by Judge Dantzler, after Attor
ney Dagnall had completed a strong
argument for a new trial. The motion
was overruled, and in the presence of
several -hundred spectators, Simmons
was condemned to death.
The Simmons case went to ihe jury
at 5 o'clock SaturdaN afternoon, and
near Saturday midnight a verdict of
guilty without any recommendation
was made. At once Mr. Dagnall gave
notice of a motion for a- new trial,
and Judge Dantzler remained in An
derson until this morning to hear the
motion argued. -Mr. Dagnall present
ed a strong plea to the court. He said,
among other things, that on account
of his own illness, he had not been
able to conduct the defence as it
should have been, but the court inter
rupted -him by saying that, in his op
inion, the case had been zealously and
admirably conducted, and that the at
torney had looked well after the id-e
fendant's interest at all times during
the trial. 1Lher reasons for asking
a new trial were stated as follows:
That some of the jurors had express
ed opinions as to Simmons' guilt be
for the trial'; 'that Juror Davis was
over the constitutional age; that the
court failed to charge the jury on the
law as to self-defence; that the jury'
had resented .certain questions asked
the sheriff by Mr. Dagnall; while the
sheriff was on the stand; that the case
should -not have been tried at this
term of court because of personal
feeling against thie prisoner, and be
cause of the illness of defendant's
mother, a material witness.
Judge Dantzler considered separate
ly each reason -assigned, after -which
he formally denied the motion and
proceeded to pass the formal sentence
of death. Simmons accepted the
verdict of the jury and the sentence
of death very unconeernedly land cool
ly. When called upon by the clerk
of court to stand up to receive sen
tence, the prisoner stood motignless
and without 'a,~ tremor. From 'his ap
pearance, it did not seem 'that 'he was
the least hit annoyed or worried, but
on the contrary seemed to accept the
sentence as a relief from court pro-1
ceedings. When asked if he 'had any
thing to say why sentence should not
be passed on him, he clearly and loud-!
-ly stated that he knew of none, that
he 'had nothing to say, and after the:
court had announced the sentence, the
prisoner maide a graceful bow of ae-:
knowledgement and then quietly sat
down in the prisoner's dock. He was,
at once handcuffed and carried to the
county jail by Constable Martin and
Pollee Sergt. Sanders. He 'had noth
ing to say while walking to the jail
except to stop at r. fruit shop to pur
chase a dozen bananas. This he did
also late Sa,tunday night, while return
- in,g to the court 'house to receive
the verdict of the jury.
Upon arrival at the jail, after sen
tence had been passed this morning,
Simmons saluted cheerfully one of
the negr~o prisoners, calling him by
name and saying that 'he had learned
.to say it.' Evidently the negro had
been teasing Simmons about what thie
court would 'have to say in passmng
sentence.
Attorney Dagn-all will take t'he ease
to the supreme court, it is understood,
and, if so. it is highly probably that
the execution will not be held in July.
The supreme court does not take up
the cases from this circuit until late
in the fall or early in the winter, and,
. then unless a special dispensation is
secured, this appeal will have to come
up in regular order. This will be An
derson 's first legal hanging in about 9
ears, tehe victim then being a negro
convicted of assault on a wvhit-e wo
man of this county.
Clemson's Unwise Friends.
Columbia State.
in our opinion, the Anderson Mail
is making a mistake and doing injury
to Clemson eollege by meeting argu
ments for a cebange in the plan of
government of this institution with
allegations such as these:
"Mr. Calhoun's animus is plain.
All the members of the Calhoun fam
ily, we believe, were mad at Mr.
Clemson. They bitterly resent that
this name should be perpetuated in
Sconnection with the college, just as
t.hey resent that the Calhoun property
should pass out of the family. But
we can ~not see that the spleen of dis
appointed heirs is sufficient cause to
abolish Clemson college..
"There has been strong oppositioni
to Clemson college ever since the in
stitutionf was established. There are
toans for this. Clemson college
was establi.Yed in unes of politi
eal factionalism and bitterness. and
Ben Tillman had much to do with its
establishment. Some people will al
ways hate Clemson because of Till
man's connection with it.
"Another reason is that Clemson
was established~ against the protests
of those interested in the older State
eolleges. South Carolina and the Cit
adel. The older colleges represented
the aristocracy. Clemson was intended
to be for the farmers and the common
people. Only those who belong to
our set ' were expected to send their
boys to South Carolina or the Citadel.
The older eolleges have always been
jealous of the newcomer. The older
colleges had existed by favoritism, the
establishment of Clemson meant that
hereafter they must justify their ex
istence by merit.
"And so it has been that the South
Carolina college and Citadel influ
ences have always been hostile to
Clemson college, and they are respon
sible for much of the warfare agaiist
Clemson that has been going on until
this day. Some of those who are en
gaged in the fighting are probably ig
norant of the causes of it. and they
will doubtless resent this suggestion.
It is true nevertheless."
Clemson needs friends, and it is
folly for such champions as the Mail
to gratuitously antagonize powerful
inflnences. Some of these have for
years st6od between that college and
assault. It is idle to attempt to ex
plain -the demand for a reformation
by saying Clemson is hated because
of Tillman's connection with it, and
that other colleges are jealous of it.
The agitation is for the benefit of the
institution at Fort Hill. and the soon
er it is recognized that a change is,
inevitable. -the better for that insti
tution.
There is no question of the ability
of Mr. Clemson's life trustees; there
is no suggestion that 'they are not
acting .in harmony with the minority
representing the State. But it is con
tended that the situation, from a prac
tical, business viewpoint is ridiculous.
It is wrong in principle, and its sup
porters can not change that fact if
they argue until black in the face.
Stockholders in a bank do not permit
the ;holdeT of, say, four per centum of
stock to elect a maj6rity of the dirc
tors. But that is what South Caro
lin'a has done in 'the case of Clemson
ollege.
The Anderson Mail argues that it
is wise for Mr. Clemson's representa-(
tives to 'hold control, for that majori
ty assures negroes being kept out
should the blacks get into control.
That does not alarm us; by that time
all the whites would have emigrated.
or died, and they would :have no use
for colleges. I
And the thought advancedsby the
Mail is that it is best for the legisla
ture not to have control because, "We
might have a legislature wholly hos
tile 'to Clemson college, and'the use
fulness of the institution *might be
partly or wholly impaired by elect
ing as trustees men unfit to serve, or.
who would deliberately try to 'de
stroy the college or change its
work.'' Our esteemed contemporary
appears to have forgotten that if a
legislature is "-hostile'' to Clemson
and wished to "destroy'' it, the quick
way would be to withdraw the State's
support estimated for this year at
about $195,000., If that were done, a
thousand life trustees, representing
Mr. Clemson, could not avert tihe re
sulting dull thud..
And 'after the question of principle*
in governinent is settled, the~ name of
"Clemson'' will have to be justified.
The Clemson Trustees.
Daily Mail.
We reproduce in today's paper an
editorial from -the Columbia State en
titled, "Whyv 'Clemson"?"'' hich de
serves some attention. The State
bases its remarks on *a statement -by
Mr. W. P. Calhoun, who was editor
of a defunt newspaper at Edgefield.
Mr. Calhoun's animus is plain. All
'the members of the Calhoun family,
te aristocracy, Clemson was int.ended
They bitterly resent that his name
should be perpetuated in connection
with the college, just a.s they resent
that the Calhoun property should pass
out of the family. But wve cannot see
that the spleen of disappointed heirs
is sufficient cause to abolish Clemson
college.
There has been strong opposi'tion to
Clemson college ever sineer the in
stitution was established. There are
two reasons for this. Clemson col
lewe was established in times of poli
tical factionalism and bitterness, and
Ben Tillman had much to do with its
establishment. Some p'-ople will al
ways hate Clemson because of Till
man's conneetion with it.
Another reason is that Clemson was
established against the protests of
those interested in the older Starte!
colleges, South Carolina and the Cit-!
adel. The older colleges represented
the aristocracy. Clemson was inteded
to be for the farmers and the com
mon people. Only those who belong
t- -u set- were expeceted to send
I'lleir bov., to South Carw~h Ir '! J
Citadel.. The older colleges have a]
ways been jealous of tle ne(wcomel
The older colleges had existed b
favoritism. the establishmnent 0
Clemson meant that hereafter the
must justify their existence by mel
it.
And so it has been that the Sout
Carolina college and Citadel infh
ences have always been hostile t
Clemson college, and they are respon
sible for much of the warfare agains
Clemson that has been going on unti
this dev. Some of those who are er
gaged in the fighting are probably io
norant of the causes of it, and the:
will doubtless resent this suggestior
It is true nevertheless.
A demand is being made that th
.*tate shall elect all of the trustees o
Clemson. That looks to be a reasor
able proposition on its face, but as
matter of fact there is no good rea
son why the present system should b
changed, and nobody has yet suggest
ed a single good end thait could be ac
complished (by i1t. Admitting th
some changes are needed at Clemsor
we fail to see what improvements, i
any, could be secured by having th
legislature elect all of the trustees.
Under Mr. Clemson's will, there ar
seven life -trustees and -six ele6te,
periodically by the legislature. Mi
Clemson named the first seven lif
trustees, and when vacancies oceu
the remaining life trustees fill the va
cancy themselves.
Several vacancies ihave occurred
and the new men elected have bee:
men of at least es good character anA
standing as those elected by the legi;
lature. As a matter of fact, one o
two men elected as life trustees for
merly served as legislative trustees.
And it is a fact, we have been told
that the records of the board shoi
that -there has never been a divisio:
'on the board along the line of lif
trustees and legislative trustees. I
has never made any difference, in th
course of any trustee, whether he wa
a life trustee or a trustee elected b;
the legislature and s.erving a definit
term.
Mr. Clemson made his will soon af
ter the reconstruction period in thi
State. The negroes had been in pow
er, and the State colleges had beei
open to.negroes. Mr. Clemson wantei
to guara against such a condition ii
the new college, and for this reasoi
he hit upon the plan of :having a ma
jority of the trustees serve for lif4
and having ther life trustees fil va
cancies among themselves. It was
wise provision then, and it is a wis
provision now, for while the whit
people have the government of th
State in 'their hands now, there is n
assurance as to 'how long they ma;
keep it. Our election laws are bu
makeshifts, and the negroes can g
to participating in politieal' raffair
again whenever 'they want to do s<
0.r the white people 'themselves ma;
divide. Mr. Taft is 'smiling and sing
ing siren songs to us, and many c
our people seem greatly charmed. I
the white people of the State divid4
as they may 'do, 'the negroes can comn
in and control 'the elections, or the
can at least hold the balance of pos
er, and we 'do not know .what strang
conditions this may bring about. W
might have a legislature wholly hos
tile to Clemson college, 'and the use
fulness of the institution might b
partly or wholly, impaired by electin
as trustees men unfit to serve, or wh
would deliberately try to destroy th
college or change its work.
The people of the State have surel:
PLANT YU
All the seed y.su
.a Doll'ar. and if
Savings Departme
rate of Four Per
by adding~ more se
you~ will'reap a ric
The Comm
Of Newb
46o Paid in Our S
JNO. M. KINARD, J. Y
e nii Ior'uottn flow the di-pensary was
killed.
The life trustees of Clemson college
have established a rule to require a
f unanimous election in filling vacan
y cies. When a member dies his sue
cessur must receive the vote of every
remaining member. This rule will al
b. ways insure the election of first class
L- men on the board. It has done so
o liertofore. for the new life members
of the board will compare well with
t the trustees elected by the legislature.
I The legislature has not always acted
wisely in the election of trustees of
the college, as is illustrated by the re
y cent newspaper cavortings of -ne of
L. their number.
T!he life members of the board are
e citizens of the State, and always will
f be, and are quite as much interested
- in the welfare of the State and of the
a college as men elected by the legisla
ture could possibly be. There could
e be no inducement for them to be ae
tuated by any other motives than the
good of the'eollege and the good of
t the State. The legislature eleets six
, members, and t1hese six men can al
f ways prevent abuses, if sueh should
e creep in. And the majority of the
board being life members can always
e prevent abuses or open attacks by
I the legislature, in the eevnt of a
. ohange of government or unforeseen
e political contingencies.
r There may be something -rong at
Clemson, and a shaking up may be
needed. But the plan suggested is
1, the wrong way to go at it. The plan
a of having life urtstees was about the
1 wisest thing in Mr. Clemson's will,
f and' that plan' should be ad-hered to,
r even if the State decides to give back
to the Calhoun family the whole of
the Fort Hill property and establish
l, a new college plafit of its own.
V The real friends of Clemson college
a should vigorously opppse the demand
e that is being made for the election of
t all the tristees by the legislature. No
e good end could be accomplished by
s the ohange, and there is the possibi
E ity of much danger in it.
TAKE IT IN TIME.
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need to start with is
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:h harvest.
ercial Bankt
erry, S. C.
avings Department.
.McFALL, 0. B. MAYER,
REPORT TO THE STAT:
(CONDE.
OF THE CON]
The Bankof
Prosperit:
AT THE CLOSE OF BUSI
RESOURCES:
Loans .. . . . . . . $ 97,213.14 1
Overdrafts. .. .. . 1,976.03
Building and Fixtures 4,000.00
Cash in our
vault . . $ 6.183-57
Cash in oth
er Banks. 25.494.18
31,677.75
$134,866.92
DIREC'
S. S. BIRGE, DR
N. L. BLACK, W.
3. F. BROWNE, P.
DR. J. S. W
Our institution is under the s
examined by the State Bank Ex
THE EXCHA
Newberr
SAVINGS At
Every person in this vicinity o1
Savings Department. You can <
$1.00. You can add to it on an'
gest that you adopt some system;
the surest way to make a succes
We Pay 4 l Interest oi
Compounded S<
Open an account and train
Once you acquire the habit of la:
your income it will become a ple
a snug sum earning interest for
- . DON'T PUT IT OF]
J. D. DAVENPORT, E
President.
M. L. SPEARMAN, C
.Cashier.
SThe First Cough
g gen though not severe, has a t<
*tive membranes of the throat
Coughs then~ come esall winti
di..ghte.t cold. Cure. first cc
I et up aIw2fiM&tiCnnthe delle
* lump- 'The be-t remed is
gYIUP. It at once~t right
S oves the case It froz
S a chUm afor aadult. 25 eentJ
MAYES' DRi
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FOR . In
DEVOTEES OF erc
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FOR MAID
OR MATRON
E BANK EXAMINER
SED)
ITION OF
Prosperity
Y, S. C.
NESS, APRIL 28, 1909.
LIABILITIES.
apital Stock. ....$ 25,000.00
3urplus and profits . . 12,497 50
Due to other banks . . 2,694.o --
Deposits . . . . . . . 94,675-41
Borrowed money . . . NONE
$r34,866 92
[ORS:
. GEO. Y. HUNTER,
H. HUNT,
B. WARNER,
EELER.
upervision of and regularly
aminer.
NE BANK
y, S. C.
CCOUNTS.
ight to be interested in our
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s of saving.
i all Savings Accounts,
Dumi- Annnaly
yourself in the saving habit.
ing by a certain per cent. of
asure and you will soon have
ou.
7BEGIN NOW.
DW. R. H IPP,
V. President.
EQ. B~ CROMER,
/ ~Attorney.
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wNEWBERy, St C.