The herald and news. (Newberry S.C.) 1903-1937, October 05, 1909, Image 1
- A
C Ii Th w .
OEW
VOL XLVI NO. 77NEWB-rERIRY,.S. C.. TV.ESDAY. OCTOBER .5. 1901)WO EK.$.0AYA
* THB IDLER.
The Idler: I wish YOu would sa\
to the civic association that the sex
tons of the churches that have pave(
sidewalks along the lots have faile(
to see their request to have then
swept on Saturday evenings. During
these dusty days the dust settles or
t.hese paved walks and it is worse that
where there is no paving. You ough1
to walk out some Sunday morning anc
see the horrible condition of th<1
iaved walk along Boundary ani
Caldwell streets. I am satisfied if th(
sextons just knew that the civic asso
ciation had made the request tha.
these walks be swept it would be done
X. Y. Z.
Now this is a pretty come off. WhN
does not X. Y. Z. go and see the pres
ident of the civic association and laN
;hese troubles before the body. Bu1
I did stroll out Boundary street th(
other day a-nd the dirt was at least
half inch thick and I know the prettN
white dresses caught it hot and heavi
on Sunday morning. Some of th<
residents along this street seem t<
sweep these sidewalks in front *o
their residences every rnornhig ani
the contrast is very striking. Wh
not every one sweep at least. once
week. Seems to me that the Goo(
Book says something about cleanli
ness being next to godliness. The goo
people of the community should be ar
example to the rest of us who are no1
so good and ,us by example lead u:
in the right direction. There is ii
telling the power of the influence ol
example. It holds good in othej
things than conduct. Outward ap
pearaice is sometimes an indication tc
character. Not always. But it i
just as esay to be clean. It. is jus
o easy to keep these sidewalks clear
that it, ought to be done. Suppose ev
ery one try it.
Talking about sidewalks have yov
been down the street by Mayes dru
store-I don't know the name-]
think it is Nance street. You ough
to see the holes in the sidewalk wher
the brick have been taken up or pull
ed up or something. It is awful. i
ought to be paved or auese brick
vught to be put back in place. 01
they ought to be taken up. Whos
ward is this any way. Where is th
alderan? Maybe he never goes thi:
way. Well, I don't think I wil
again until it is fixed.
Talking again about - sidewalks
you wifl just have to excuse me-I au
not findin0g fault-I am just speakmus
f conditions and trying to point ou
.a way to improve them-talking abou
sidewalks, I say,-they told us wher
:ey were writing about good road
zaat good roads were a nindex to cinx
lz,ation and intelligence of a peopli
-and vou know I am sorry that thni
is true'for I am afraid we would no
mesr pt he highest standard
,ut I say if that is true-and suppos
we admit it for the sake of the argu
ment as the pleader would say-wha
a bout the streets and sidewalks of<
ity or towa being considered an in
de to the civilizationi and intelligenec
of that city or town. Well- supp0s
von do the rest or conclude the sen
tnce and carry out the argument a:
to Newbery..- am afraid to do i
bo I have been a citizen here for
lon ime and I .have made up mn;
mind never~ to say anythiing but some
thnig cmplimentary about my towr
This thing of saying a good \i.
- uut var town is aI habit which hi
o ole Af this commnunity ileed t"~
t.vte and they need it badly. Y"
utstart out here sonme bright morn
----vs.even on a bright mnorumi
"en~every one ought to feel good
andd mention something about any cit
ie,I don't care who he is, or ho'
ourere heis, and you will be surpniset
t know how many people have ou
their little hiammers and how wit.
theirr might they will be try,ing to a~
them.eNw how much better it woui
.~.e all had a good4 word to SaI
n- se hbor)(. Whna: nakes .~'
p...'eo;le who' hive mn 1t
)%V 11. 1 ilj1 licad. it Y '1'\' IW 1 1" 714 un L \
YIn Wil 1'ect b>eler yvre om u
will be bel ter. tO.
I ee iII It iewspa>ers that Judge
1emminger ordered a mistrial in the
Black case because one of the jurors
had read a copy of the State news
paper. Nuw I have been wonderi'o
whether that is a reflection on the
juror or on the newspaper. A news
paper ought It) state the facts and
di-Zcuss tile (uestions i n1a fair auld
impartil mannecr and I do -ot se
how reading a newspaper could keep
!,a juror from dischargi.ng his; duty. In
fact I think if jurors wvould read
more and think more they would be
the better equipped for jury duty.
Did you see all those wagon loads
of cotton that came into Newberry on
Saturday? It did -not look like a
short erop. I wonder how many bales
were sold on. Saturday and about how
much money was turned 1,)ose. Some
body must have had a good day. Then
it was about the first of the month
and I reckon the banks caught the big.
gest pile of the cash.
-0
The Idler: Some of these days when
you haven't anything else to do I
want you to come around and take a
walk through Boundary street. You
will observe some rock scattered
around in a certain portion of the
istreet, aind some plank in aoll.er
portion of the street-evidences of
work whica wa.s started but nev,-r
: completed. Now. the mayor s-i!J he
was going to complete tilis work. The
rock is for a curbing. and the plank
were put where they are to be used
in making a concrete curbing. There
is some other work along the street
in other portions of it that ought to
be done. The mayor is very busy. I
know. but I believe if you will bring
these matters to his attention he will
go ahead and complete the work. If
the work is not done either the city
or the property owners ought to re
move the roek and plank.
Resident of Boidary Street.
-o
As I have already said I was aut
P>undary street the otaer day and
I saw those rocks and timbers and I
wondered what they were do.ing. From
what Residen: says ther must be d'
ing2 noting. It seems to me that
when I was out this street about six
or eight months ago these same rocks
and timbers were there then or some
iust like them. 1 am sure the mayor
never comes down this street or he
would not leave it in tis condition.
I know he has promised to fix it an.d
I am almost sure he thinks it has al
ready been done. And I am equally
cert-ain just as soon as he reads this
the will have the work done. Let 's
see. I believe he lives out this same
street and I would suggest to Resi
dent that an invitation be extended
Mayor Langford t take a drive along
down as far as the First Baptist
church so that he might see the con
ditions for h.imself and I am morally
certain these req.uests will have imme
diate attention. I believe where the
jresidents take a pride in keeping the
sidewalks and streets in front of their
premises the city ought to co-operate
and by co-operation encourage. Where1
tihe owvners of p)roperty take no inter-j
est let it get as bad as possible. We
have good au:thority for helpi'ng those
.hohelo t hemselves.
Some one toll me the other day that
Policeman Tom Adams arrested a
team of *mules tha: was cutting the
arass and weedls on~ the monument
q4uare in the. rear of the 0old court
hoituse. Now t his i- t bad. I had
no: observedt thad qar fr a long
~good pasturze that it tempted a team
of' mules Policeman Adams should not
have interfered until th!e gtrass was
e ut. When the mayor tinishes his'
wagron yard in the rear of the opera
house I know these little parks we are
tgoing to have aro'und( the old court
house will be soi neat and1 tidy that!
even a team oft hungryv mules will
l hae a (due regard fr them and will
not tr'espss
I The Idler.
Married.
S ua n d a y .i i 1 t i ( S e p t e m b e r . i \ l r . B r a b -
AN UNPROVOKED HOMICIDE. f
Payton Rawl Shot to Death by John 1
Wheeler at a Negro Barbecue.
The Testimony.
l'i Vtl ( Il I-aI W 1WaS s14) 1 to dea tI by
John Wheeler with The,) Wheeler as <
III areesry oI last Saturday, at a
iegro barbeete iII No. 9 towns4hiip. tihis
-ounltv.
T'hat i. the verdiet of tile Coroner's
ury 'v. The testilony whie is pub
ihIed ereithl inldicates anll un1pro
okedt murIIder. The t wo 'heelerS left:
an1nefliatelv after ,he killi,and
iave 1not yet I)een arrested. Es oon)l!
is the information reached Newberrv
4heriff Buford sent his deputy. Pope
)uftmd, and the loner went. a. soo
15 he could arrange to go.
There is no test.imoy taken that
here had been any quarrel between
hese negroes, and there seems to have
>een no quarrel prior to the shooting'
) Saturday. It is understood from
Lter sources, however. that about a
eal ago there were some differences
)et.ween -John Wheeler and Payton
lawl.
The foliowing is the testimony ta
en by the coroner, W. E. Felker,
h,ll( was accompanied by Constable
G. Blease:
The Testimony.
John Caldwell, sworn, says: I k-aom
Pavton Rawl, deceased. Saw him to
lay. I was selling lemonade. Monroe
Bailey and myself was in conversa
ion. John Wheeler came up with a'
h1otgun and said, G- d- it, get I
Mut of the way.'' John Wheeler the-i<
hirew up :iie gun and shot. Pavton
Rwl was inside lemonade stand. Had
2ot heard Rawl make any remarks
Ihout John Wheeler. John Wheeler
iei shot. I did not see Rawl tintil
ifter the shot. Af:er the shot Rawl
'an. John Wheeler followed him with
pn. Theo Wheeler said. "Kill the
.' John Wheeler had a double
)arreled gun. John Wheeler followed
ayton with the gun pointing towards 1
awl.
his
John X Caldwell.
mark
Ben Siealy, sworn. says: I was in
emonaade stand. Pavion Rawl stood
>ehind me. John Wheeler came up
ii( said. "G-d- it. get out of the
var.' Wheeler then threw up gun
u.d fired. Have never heard Paytod
Rawl say anything to Wheeler. Shoot
ng happened in Newberry county. S.
.After shot Rawl rau and Wheeler1
Mlowed him, Wheeler's gun in posi
:ion to shoot. Wheeler followed Rawl
itil out of my sight. Shooting hap
sened about 2 or 3 o'clock.
his
Ben X Shealy.
mark
John Shealy, sworn, says: I saw
John Wheeler with shotgun going in]
irection of lemonade stand. A few
seconds after heard gun fire. Immedi..
tely saw Payton Rawl running. John!
Wheeler following with gun, in hand.
[ saw Paytona Rawi about 100 yards
rom lemonade stand rolling and.
cumbling and R.awl said, ''Oh. boys,
aut my throat.'' He lived about one
our after shot.
J. S. Shealy.
John Caldwell, recalled. say3: Theo
Wheeler said "Kill the ---.'' He
said this afteir tihe fire of the gun.
his
John X Caldwell.
mark
Marion Shealy. swvornl. says: I was
t lemonade stand. Payton Rawl was
:)aying me for some drinks. John
Wheler walked up and said. '"0
1-it. get out of the way,' and then
Wheeler fired the gun. Payton ran.
John ran after him wit.h gun in posi
ion to shoot again. Theo Wheeler
said. "Kili the ---.'' Saw Rawi
fter he fell. He said, "Boys, help
ne.'' Me and Prelow ihlped .him out
f the ditch.
his
Marion X Shealy.
mark
Marion Shealy, recalled, says: I
aw John Wheeler shoot Payton Rawl.
his
Mlarioin X Shealy.
mark
I hereby eertify thla! I haive exam
ied the body' of Payti H awI. de
eased, and tha: iin my opinion dleathI
vas caused by gunl shot wound. which
m)(I-,e zh-ot and va(lmiig in axillary
he (ause of death.
C. T. WYche. M. D.
October 2, 1909.
The verdiv: of the jury was to the
ffeet that the said Payton Rawl
-ame to his death from a gun shot
VounI in the hands of Joh-n Wheeler.
tid that Tiheo Wheeler was an ac
essorv to same."
Description.
Jolni Wheeler, age about 43. color
lark ginger cake. 6 feet. weight about
80 pounds. Little mustache.
Accessory. Theo Wheeler. age 20
ears, height 5 feet. 7 inches. weight
bout 145 poun(s. Hump shouldered
mnd kinky hair. Light oinger cake
-01lr, clean shaven.
BRYAN GIVES REASONS.
ays it Would Advertise the Difer
ences Among the Democrats on
the Tariff Question.
Lincoin. Neb., Oci. 1.-In explana
ion of Ils position on the proposed
lebate with Senator Bailey, of Texas,
it Atlanta. Ga.. W. J. Bryai. to-day
i4ressed a letter to Clark Howell,
ditor of the Atlanta Constitution.
rie letter follows:
"I wired you last night that I
vould communicate with you by let
er my reasons for believing a de
>ate inadvisable. When a joint meet
ng was sulggested at El Paso, Texas,
[ replied to the effect that I am try
ng to aid in the electionL of a demo
:-ratie majority in the next congress.
:hat to that end I have suggested a
)rief but specific tariff plank which
L ask democratic .candidates to ac
-ept. reject or amend. and that. be
ieving a debate would tend to turn
ittention froili the issue to individ
mis. I would not consider the propo
;itioni unless it came as a personal re
Iest.
"I might add t;he further reason
hat a debate between two democrats
vould accentuate the tariff differences
:hat have embarassed our party in
:ongress and give the republican
iewspap)ers a chance to dwell upon
lemocratie dissensions instead of de
m iing their time to tile contest now
>eing waged between the progressive
-epublicans and the standpatters.
- .Iebate might be pleasing to par -
icipants and entertaining to the au
lene. b)ut I think the subject which
[ am endeavoring to prevent is wor
:h of calm and serious consideration.
"V\ery truly yours,
"William J. Bryan."
Mr. Bailey's Regrets-.
Gainesville, Tex., Oct. 1.--Other
han to express regret that the de
ate would not occur, United States
Senator J. W. Bailey made no state
nent last night when informed of the
etter Win. J. Bryan wrote to Clark
Eowell at Atlanta explaining why
Le did not consider a joint debate as
o the traiff issues advisable at this
time.
DOBURN'S GREATEBR MiNSIRL
Will Appear at Newberry Orera
House Next Tuesday, October 12.
Many New Novelties.
The Garcinnetti's, .a Spanish Amer
an import'ation this year with Co
urn 's Greater Minstrels is an abso
ite novelty never before seen with
anyv minstrel a.t4 raction. They are
-)nedy aerobats and excentriques of
1 very hiigh order and introduce nov
?lty appliances, and features which
ake them the strongest closing fea
urec ojf any vaudeville performance
n America. Maniager Coburn has in
roduced many novelties and comedy
~eatures in the p)ast few seasons which
ave met with hearty appreciation by
aS patrons but in the Garcinnetti 's
.e believes he has succeeded in pro
iding an aet: which will prove to be
:he biggest hit of his big show, a-nd
>ne that will be remembered by his
)atrons with much pleasure. They
ire nly one of the features of the
erformance however, and each num
er moves with vigor, and snap char
cteristic of this popular' compan..
Don't forget the date next Tuesday
t the Opera HIouse.
A lOw set of teeth doesn't en
hance the value of a smile.
HARRY H. BLEASE DECLINES.
To Run for Commonwealth's Attor
ney.-Gives His Reasons for
Declining.
Mr. Harry H. Blease. of Staunton,
Virginia. is a brother of Hon. Cole
L. Blease. of Newberry, and for
awhile practicel law in Newberry.
For several years he has been a suc
cessful practitioner at Staunton, Va.
He has been urged to become a candi
date for Commonwealth's attorney,
but has declined to run and in de
elining gives his reasons in the Staun
ton Daily Leader as follows:
-Yes. I have been solicited by a
large number of my fellow-citizens
to become a candidiate for the office
of Commonwealth's Attorney for the
City of Staunton, and being unable
to see all of the signers of the peti
tion personally, I am glad of the op
portunity to give them my answer
through your valuable columns.
"I desire to assure each one, who
has so kindly solicited me to become
a candidate for office, that I fully ap
preciate their interest in my behalf,
and that I have carefully considered
their request to anr~*%e myself as a
candidate for Commonwealth's At
torney.
"While our friends may differ with
us as to the advisability of an inde
pendeat candidate at this time, under
such circumstances one must even
tually reach such conclusion as he be
lieves to be for the best interests, not
of himself, personally, but for the
cause which he is to represent, and
the policies which lie believes to be
tor the welfare and improvement of
t:he community in which he resides.
"I voted in the State Primary. I
am a democrat. and have been such in
politics all my life, and have always
felt that when the party puts forth a
candidate for office as a loyal party
man it was my du.ty to support the
nominee. and thereby support my
party.
"Taking all these matters into con
sideration, I have decided to decline
the call which has been so generously
extended to me. t. become a candidate
for Commonwealth's Attorney for the
City of Stauntori.'
COLLEGE LYCEUM COURSE.
First Number Will Be in Holland
Hall October 11.-America's
Greatest Musician.
The first number of the College Ly
ceum Course is the Morphet Co., a
company of magic. melody and mirth
and will appear in Holland Hall on
the evening of October 11 at 8:30
prompt.
'Mr. Harry Mor-phet is said to be
one of the greatest of America 's Ma
gicians. This entertainment com
prises a refined exhibition of the
most mystifying feats in magic, illus
ion, and ventriloquism; vocal solos
and instrumental solos and duets on a
number of novel musical instruments.
Prof. D. W. Daniel, of Clemson Col
lege, says: ".The Morphet company
completely ca'ltured our big audi
ence of college boys. We have seen
many others of t.he best magicians,
but none ever surpassed these peo
1Daily Standard. Freeport. Ill.:
"The Morphet Company was a sur
prise and a delight. Morphet is a
peer in the art of magic. He preseints
a niumber of feats of magic that no
ot her magician in America attempts.
The playing on the saxaphiones and
other instruments was excellent.''
Our course consists of six splendid
attractions. We are told by lyceum
men that it is the best course New
berry has had for a loing time. The
seasou ticket is $2.00; double ticket
admitting two. $3.30. Those who do
not secure season tickets before Oc
tober 11. may secure them at the door
on the evening of the first attraction.
How Many?
''Tell me--ah-are you a-er-ah
-a good, careful, exeellenr cook a'nd
a-er-a very superior laundress?T'
"'Ah-h-h! Wot d'ye take mefe
twins?"'-Harper's Weekly.
'-Hi% wife is coming ihome.''
"'How do you know?''
"'I saw him caryn a lot of
empty bot ties dlown cellar this morn
ng "--Marin Journal.
TRIAL OF BLACK
SUDDENLY ENDED
MISTRIAL ORDERED IN SECOND
DISPENSARY CASE.
Jury Was Disqualified.-Newspaper
Found Its Way into Hotel Room
Occupied by Jurors.
News and Courier.
Columbia, Oct. 1.-Because a copy
of the local morning newspaper found
its way into th1- room of the jury
and was read by the jurors, and also
because of a conversation between one
of the jurors and his employee last
night. the Black case has resulted i.n
a mistrial. This unexpected culmi-.
nation of the sensational "graft"
case came in the Court of Sessions
this morning, after Judge Memming
er had examined every member of the
jury as to the newspaper incident an
as to the conversation that Juror J.
D. Perry had last evening from the
window of his room at the local ho
tel, where the jury had been confined
since the opening of the trial.
How -the paper of September 30
came into the room was established
by the statement of one of the jurors
that a newsboy passing early yester
day morning had thrown the paper
up into one of the rooms where the
jurors were kept. But who paid for
the paper could not be ascertained by
Judge Memminger.
In dismissing the jury Judge Mem
minger stated that be did so because
a serious indiscretion had been com
initted, but an examination into the
matter had not led him to believe that
there was any corruption. The posi
tion taken by Judge Memminger was
that if a verdict of guilty should have
been rendered. under the circum
stances. a new trial could be secured.
On the other hand. if there should be
a verdict of not guilty the State
would have no redress.
How Cat Got Out of the Bag.
It was only because of the arrest
of C. M. Dorn, Perry's employee, and
young Abney Keith last night that
the whole affair was brought to light.
When Judge Memminger called in
the deputy and the young men under
arrest and questioned them there was
no intimation that the presence of
:the newspaper in the room would play
any part in t.he matter in hand. In
fact, the first.statement as to .the
newspaper came from one of the ju
rors. and then the new incident took
the lead with the conversation in t:he
background.
When Judge Memminger eame into
the Court room, having been officially
informed of the arrests ma.de - last
night, he called to the witness stand
Deputy Sheriff Frank Grimsley, who
told what he knew of the conversa
tion between Perry and Dorn.
"I saw two men about 9:30 o'clock
last night standing under the window
of the hotel room. One of the men
had his hands up to his mouth. I had.
just got there and couldn'.t under
stand what 'he was saying. One of the
men was talking back to him from
the window. I didn't see any ot-her
jurors.
Mr. Grimsley said Dorn was doing
the talking and that lie never heard
yotmg Keith say a word.
Dorn Tells of Conversation.
D)orn was called to the stand and
told what passed between himself and
Juror Perry. "'We passed a few
words regarding busines.' said Dorn.
"He asked me how I was fixed out
meat. I told him I had had two
beeves killed. He told mue then to
deposit all money I had and take a de
posit slip and( keel) it.
Dorn said he didn't think it was
any harm to talk to the juror. He
has 'been in Columbia only a' short
time and was from Sumter 'County.
He said that *n'body had talked to
him about the jury. He told of
meeting the elevator boy, young
Keith. and of walking down the street,
and in passing t he hotel Perry waved
at him. he said. Then followed the
He outlined the niature of the con
versation and held out that it was
solely upon b)usiness connee-ted with
the meat market that Perry runs.
Perry Questioned.
. D Perry, meml)er of the jury,