Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

.<:(d that be had talked with Dorn night,.!I be1r':xai hotel roomi a4 that the cers tionl t ulclhed siness solelv. lie was a iew man Wit me,'' said Perry. "and I gave him two points. Perry said lie told D&rn to tell Mr. Ptpe to kill just whiat lIe vmlu. and : tell his wife KNe~re lie wa-. i;t wa nces-ar for .c Meni . to (:Ii(..UnCM Perrv as to the taemNiit varied a little [rom rn. ])"It in lhe an n.lient aTeedl. I rre sa l lat he did n't :ell T)rn to get a deposit and di.'t til tell him Ix o'et ilh P.Irv sald 7ie tiid. bui di.dI not think ii was vr 1 ialk about his busi es. I: was bro.ihit out that: Perry ent a note to Ljave Dorn released on bond last -night. le gave as his rea soni for thi that he wanted his place tObe pend on time his morning. assins was in the room with Perry. Perry said he was 23 years of age. Tiat thtere was no comnmuint ion IN, iz the C:I ie worbi as to11 this eaa was Perrv's s:atemnent. gury Brought into Court Room. jne by one le jurymen were b)rought into the Court room., and each one was questioned by Judge Mem minger. The Court room was hushed while this proceeding went on. It was realized by the attorueys that if any 1ing0 serIou; came of the inves:iga iuon the case wotli )e ended abrupt lv. 8. C. Sessions. juror. saidl he heard part of the conversation and that the sarne related to Perrv's business. That Pe:rv told Dorn to send money down to a bank aud get a deposit slip. and to get Keith to help him in the busi ness to-iorrow. There was nothing said about the case, stated Sessions. arid that the deposit slip matter was referred to. He said that the fore man had regretted the oceurrence and had said: "If I had seen it I would Iave asked him to stop it." Newspaper in the Room. Foreman Jaeob David gave the first I nformatiou about the newspaper be in; read by the jurors. Aske.d why he did not report the conversation, he said that he did not think that it was his duty to do this. No other comn mnunication h:ad been had with the jury to the best of his knowledge. Upon this point tihe .Judge asked him if any of the jury had read aniy niewspoperS during the course of the trial. 'I heard that a p)aper hlad .been gotten." said Mr. _David. He said 1vaDer was of the 29th. The State of t:itt date. "I think I saw some ju vers readimur it.' He said Sessions told him lie saw Perry s:op) the news paper boy and the boy threw the pa per' into tile window early~ one morn -o.Laiter. the .iuror almj?ittedl that he~ saw\ the jtmVyan'' ;iny em Juidget Memm!fingerl remindled the foreman thiat lie should have caution ed the jurymen about the r'eading of the p)aper and should have reported The same to the sheriff. It was estabtllished that it must have beeni the paper' of tihe 30th of September that was in the room, be eause that was thle second day of the trial and coutained in the paper was the account of the first day's proceed ings in the Court House. The jurors did not try to hide the newspaper. said the foreman, and he conid not say whiat- the jurors were readinig. NobodyV commuunicated with the jury as it passed up and down the street to and from the hotel. Paper Read By Jurors. Juiror' Sesswis was recalted to the ~stand and stated that he did not buy the paper, but that he read a part of it. The e'agerness with which the ju veors wenit af: er thle paper is revealed by the statem ent of Sessio ns that the lone pap~er was divided up) into p)arts and handed out among some of the jurors. I looked over a part of it, but saw that it was only what [ had heard in the Court room. I read some narts of the testimonyv.' Following this statement J1udge Memminger indicated t hat. the re maining jurors would be called in al iThebetical order. They came as they anneared on the official list if jurors in this cause. J. B. Martin. a tarmer, didn' readl the paper, but saw the "pictuire - of the check. "'I just gave it a glance look,'' said Martin. He said he would'a't have got the paper through the window if he wanted one, but would have asked the sheriff. J. D. Perry was recalled. He said that thiere was a p)aper' in the ro-om, and that lhe had seen p)art of it. He saw the headlines. --)i' yVOu sene IIiinhi.ng abam)l Far --s es:i .' said Pecrry. --I rea d ot of it. This aw the eli torial comment tip. on the Farnum ease. Judge Memminger asked a series o questions Ten1ding to the establishment of the fact of who bought the paper. Perry said he didn't care to tell this. Perrv had had a message sent to his shop before the conversation occurr .1. W. Seegers on heard about the arrstillte two younig menvi. Hle sawv tile liewv'spaper '. bitt did not read it. He Baw the secon4d part oi: tie papel ilhav : e- t heI'l l ei s flat of i. I d. s I In( Y hi I otIII ahe I a i m ewol S e. SliV Ii~ I I zQ Ivol 111 iI 1 1) tu $,r rv s vtha a by ran t'Ik ( 1leMan pushed the boyx I tie bo) hJar minger l. he sihlerdit h4ated thIs pitore. hat lie Would iol bareIV hml 11he whol, maIziter, tO (cW l tC.l- t!0ou wer the cutn pofkel'tf On eck if the o.-1. E.ol. ap. palentlY ih understood .thrue:ionls rJ Jud Meminler.He slieaid hie 1*,i, not read the paper. but that he-look ed ati the d pitures.' e pictures re ferred to were the cuts of the drafi aid cheek in the cal oin g at Per. GoIe paid e uttdeStood the inst ue tions of The Court E torlo 1mmun eatv. HVa1e waid li 'aVe :1ken o ppe ifli had be"'n '"Ifered t(-him th. ppe. lon. ( he saw the aper ibUt I i(l 1ot See it till-OWn1 up1 1tO thic in adow. He did no10 t hia hds en tile paper. He admitted thiat hev didl niOt read much, as hie "did n,ot havE ithe time to read 'em.'' He did not leair about the arret of the tw youglenl unltil this mornling.u"A I few of the boys were looking at thle paper.s'' said Neson. One-half lf theml paid no0 attenition to it.'' The Farnum Editorial. tJ. R. Roiae said e read .oie of te paper, too. He saw e headlin e-i i'ni the paper. but did not read the ed Sitorial referred to. He didn't knowv dim r about the arrest until thia beinora e'g. "All of them looked at thE chieeks-. ' said R-oane. L. R. Roberts. street Car man. of this eith eaid he did inot see the pa iper trown it the whidow and diE nper ri h COnVerSatio . He didI nt read the paper, but told them the\ dhit not have the paper there. H e dAAln't knowv whethier orI not the pa :per was 11hrownl up without anly mioniev being transferred. He u-nderstood thE aituatio masto o-omuiain M. R). lkins. a mlnman. ernly knewa the' paperO'.wi v was ii o.H the n'out rom iC' aswon to eadth paper ding p he btra. did notdi liecs th eaie tatr lie dioud readthe a aeHe did not hte words iofePer rvf andi Dhould e heartd'44 iC' sometn tjtmabout thm.ehat.t u til a*jury knewoe 2arnve was nE tet waur roomtov h e thcae. e sa iticiei btodid o) readit Hedid' reaze thax he sholdoredo thar.ala He did nth tino. Hewr a e ll them abou ths e he f irstretim ''aet leas l)esterdaf w4len ile din norsti in ientpe' bout pla. Ili bhoys alksin'ab the i. Hea had not heard of the arrests being made(l. He did not think it was wr'ong to rea,d the papei'. Hie stated that thle Farnum case wxas discussed among the jurors. Keith Tells of Conversation. Young Keith. who is and elex'ator4 boy0', at the '"skyseraper'.' was not pt undierCi ()ath. as Judgei~ MIemmtinger sta ted t hat he mely*~ wished him to state what lie knewv wxithout laying' himself liable to anly charge. Keith said he went to Perry''s butcheler shop, whiere e w'as f'ormer'ly employed, and that he and D)orn came up town and by thle hoteli: that Perry a'sked D)or'i 1ow he was gettin ',on f and D)orn asked Perry'x if he .ci uld epo et a urday to help inl the buItcher'l 5hop1. He said a few mole words.' ' said Keithi. '--Hle told D)orn to get a -e psit slip. '' Thiein. Keit h said. thle two w'ere placed under 'arr~est. Te wr'e on then' way' to tile thleaItre. H( didn't kniow tihe gunaird waV arl"ound tlhe hotel. Judge Memininger Decides. A It lhe concl(4usi'oni of Keli 's st a e men'lt .Judge.t Memin.er' ret!iredl to hi: r'(om withi Ohiial St eno )iratpher Mae feat. The testimuy4?\ was5 gone ovel andi in titteeni mntIes the Jutdge red turned. Then Judgie MemmuinIger' asked thi jury to be brought ini. The jury w,,a: poled-the last time fo)r them. Then the decision of the -Judge was announced by him. The '.wo incideuits stalted the .ddg wou4ild e'a"t suiiin1 Ip" ian:ve dsiietsi the *iwtuy reWe Is ' --nt laem.ef I wai- to4 sav\ to v'ou jatter tile mnves atl in I nule thn luorniliiz, I calitilt see but ole course to pursue, and That is a, mistrial of this case will have to be ordered. I do not think the matters which have been brought out show that there has been alny c(.rruptioi among you, but there has been serious inliseretion. and tile 1idiscret ii is ;11(-h hat if a verdiet of ilit w % re ;eiie d i tIle ease. un.ler tIle aut htrities. tIe die rend1:1it oIlId be en itled t a ew nial. I have It lIl )k : ! th i e : t. a~~~~~~ Ia 1nw utMkfo o V I) \ie tl t ~ Ii I I 1 IIW Tl ' i5 to g I tu wih t ese m11:r be fre mie, as have been! br)ltti~t nt, the 'ae wwlil have n1" redres wlats ever . i illi zi verilet f) n I;_, orih- a mz:istr]ialii tu- e. --I ma(1 e.tremelyl srtF at thiS 1-MId st laVe llappeiet. that YoU Shol.t1 have beeni guiilty oft this ilui crvetin)1. EverY precaulnwas akel to see that you should be surrounded and proected from outside influences and that you should have every p4s sible comfort while in attendance on this ease. It appears from what most of y* vwl ;ave said that you fully real ize 1al Vhtt" ug21ht nt to Ie leading Sewppr tiIn ilhe j1r ro- m per tainling t the ca=e, a:ad if ytu hadl a protper realiza:ion of. yttur esiionsibil itY. aS Vou oulIt to TlaVe. as soorm a it was brought to) the attention of any of he jury that a newspaper was in there. it should have been repmrted at once to the sheriff; that would have given eneouragement tio the belief that YMu did1 realize the responsibility which is upon you as jurors; but nie of you did that; the foreman did n0t communicate it to me. It is only on account of the ind'ident which occur red last nizh:,. w-hieh I douht if it be any more than an indiscretion on the part of the juror and on the part of the young man who had the conversa tion with him. but that i combina tion with the other matter. your -hay ing had access to a newspaper and readingt the newspal)er in your room. and notwithsianding the strict guard kept. over you, these combinations Would teu(1 to east suspicion on any VO:t verdiet you might render. and it Wouldi no: be satisfactory to anybody to have a verdict from the jury when these sort of things have happened. "'Now. as to what I shall do to you. this is a matter. gentlemen. thatI will have to decide. It is a responsi b)ility (east- upon1 me I have no hiesi tancy in kenowing what to do with re spect to the man who communicated to 'the juror. and I shall hold him and put ptmishm1ent upon him for cou. tempt of this Court. and as to the ju roir who allowed himself t) be ctom municated with. who~ ae-tually did not resenIt thle commuieniitioni from the outside. b)ut actunally condoned that communication by immedijately send ing out a communication lto the bai liff. which was l)roughit to me, ashilla 'thlat tlhe mlan be put on bond insted tuf rei'((.ill0 t hat 'omlnenliCtlon. 11n titefeee tOr colliversation witi any bo~ dy fro m tile outside. whlich und(oubt edly sub)j'c'ts lie juror toi serious criticism. As to that juror I will ask him to remain in the custody of the Court. I will make up my mind1 later in the dayl the prpe 'ourseC to be p)ursuied. with reference to him. As to the other jurors. I am going to dis charge you, gentleten, am going to let vou go and w.ihhold your pay cer tificate unt-il I think about this mat ter serio)usly and earnestly, with a strict regard to what I ought to do in discharging my dtuty to the people o9 South Carolina in this matter. You all caii go with the excep)tioni of Mr. Perrv. who had tihe comnmunication; you will not get your pay cer,.ifica-tes at tihe piesenut. I will dletermine later oil what course I will pursue in re spect to what shall be donle about your ase ini this matter. "Tihe clerk will enter an order of mistrial on th~e record: anid all jurors wid be discharged from further at L'endanc(e wit hout pay certificates. ex ept .Jarlor Perry. woo wviil reimaini in the c'uK:ody of the sheriff. Mr. Dornii must also remai here anid I will dispose of his case. As t A. T1. Keith. I do not see anything in reference t his condu1ct for' whiich I can hold him respot nsible. Yotu can let him go.' Case is Postponed. IThe effect of the mtitrial ordlered in lie Black case is thle conltiniuaue of t-hiis cause until the next term of Court. which convenes here the finst Tuestday iin January. 1910. No other. ases will be~ takeii up at tis term of Court. but one day remainling oft the C'rimninal Court. The dlefeuce in the Black case sta ted this morning that the sudden halt of the tr'ial was not good for this side of the case. that the defence was very confident and( was sorry that the mitra had resulted. \it tiuney General Lyxn runiade iio 1)tatement a110 II how1the mi s t hi af beXlee t hat dt,heiistryeili wash i'gen ij>:'-k to tie :sunae Treasurer b)oks will rest until the trialk in Jain aarv. 1910. Thus has ended the beginning of :he most remarkable trials in the his [1rY of Southi Carolina. Release of Young Keith. A lel' he iissal (of the jury So Ir o !'Ib ar Se ZIanId tated,( tht -,I jir I I rla.:iitate F wleS he .i n h ' 1 sh:id ,:lte w Iht le knew JIlil i Ci r121. 1 j'ilU NL * t;I t~ a '12. a v ~ 1d1 e t' bei ;. li'e said that ab.laiditidti he (' vT d i ': s n !i act tI*I le l 1i a t ('ih. nad called him o elesephne maii ali. mbon 1a inclc thubl oi eSkld i f te Is r oul and te him I ht jlil. The mai I it ee - rest ild th Mi'. eits thad said ma' i n-l te h:el Pned ra warant iforI :he vonaa '- Mlali. ai1traeFwl said t hat he mald al say e actin lIf oIbliir cob4 h ad ased flhm to release the yoi.u maii. A bout 1 o'elock thi lrin_.x Mr. Keit liw itho ur. R. Des rte me to hlis louse and tel him ohat tile yu' man had been Wr rested. adi Mr. De.porte i-sed said c Ise. O Giveon fr him. After Lind outi the i tance aemn .e onh te nalitrle KUTZI VI bail. Ihnkn *ha. he h d ithe I:'11t L) IiIeI bilj t in y b apital Cases. He 'id' fr seeha t hae thou nt e had mazde a m'is:ake, as hie did niot believe OW the liz ttie ripght to grant bail Seas lac-pt ease. Jud e Me in ec Sai hwe n t sure but that the whetree thea ie rilt to grant 711. b dc knowid- the offetate was di'n 1unrt. hie siourld not have It was also brought to the atte - taot of Judge Memminomer thyat Will Frye. a carpenter. had cursed the cols.table. Gmsle.y, wlo wtas on mirot,.idle the ho1tel. Ju1d"re Memn m Wrqesti1ned)bothl irimsiey and F rve. It seems. that Frye went ls the jail o befrietd ycu tdeit. and ent me i\ut K-eith. wn he was a r,eea last niigt. Th Iey go(t in a itek ad weint by Wrigl t 's Hotel, wiere the saw Constable rimsley aid Flye. s,o bimsley stated. Juhae Meein ere decided that te offence did no*- come under hiis jurisdiction, aIS it was not contempt of C ourt, but terat' resould eve hoe way bepuan rn in Fowle Memoingel'resent, is ain waran fuor h'i.~e Ma 'itat Fowles then tooks~l Fry ite man utoy char-d rtm was se o held H,e a ad-. mit to ail and will J D ery pably wth ili u'sCut io urnseCr. Th Clumbi5ia.he(5 hctobe notha be as~i been aperndiate mort remarkablet term offc Cofr ever sect in tihn eocrtmr. Jdeeminghae triedauo nodcehe the ivith tor: witom meane, aJuypdge fomir e futre linethejuro chrJe wit ha Muord coneati!or the ofMayon o he wiat110 snarjentin toth rte ofrh. ThCotewh lder L. C.ease 1or Adr n WaD.Prry Three.th inoth nlisditei'onu of the r.Te Fo FAdrma ard or Iaaeadidate for reeelc1Ona leion th'yofceo yr subject to thertcpi Democratie primary. Ihabarehtriedeto enfoc mhe wars o the tnown without atan teastmy pledge,fordtheeduture. Ief ifereyeancte toysel my utmost dteot for the adfaleemn ofMofr the tenarn110 forec t he te es of the Ceole . SBler. For Alderman Ward Fivee. dael o i: eelct ini as Aer'man from toiv myhest seei tovih i'the, tire! itx'hCity.efors Face Massage and all kinds of Facial Work for Ladies, Wed nesday and Friday af-1 terno-ns, done at shop or call at homes. HALLMAN, Barber,: Shop 906 Main St. TAX NOTICE. The tax books for Newbelry Coan ty will open for lie collecti of tax 1s forh tisal vear ceneing January 1. 1909, the 15th day of Oc tober, 1909, and will remain open without penalty until the 31st day of December, 1909. Upon all taxes paid after the 31st of Decetber, 1909, and before tie 1st day.of February 1910, a penalty of one per cent. will be added; upon all taxes paid dur ing the month of February, 1910, a penalty of ole per cent. will be add ed. and from the 28:h of February. 1910. to the 15th day of March. 1910. imclusive. an additional pe-nalty of I five per cent. will be added. The following is the levy: Mills. For State purposes ........ 5 1-4 For Ordinary County pur poses .................. 3 1-2 For Past Indebtedness ..... 1-2 For Court House .......... 1-2 For Roads and Bridges...... 1 For Constitutional School Purposes ................ 3 Total .................13 3-4 Except in the following locali:y where an additional railroad tax has been levied. viz: Mills. Towns:jip No. 1 .............. 2 Township No. S ............. 3 Township No. 9 .............. 2 And except in the following school districts where a special school tax has been levied, viz: Mills. Township No. 1 .......... 6 Prosperity School District No.14 .............. .. 4 1-4 Little Mountain School Dis trict No. 30 ..............I12 Whitmire School Distict No Chappells School District No. 39................ 2 Johnstone School Distrit... 3 Big Creek Selbool District No. 20 .................2 Pomaria School District No. 26 ........................1-.2 Zion School District No. 56. 2 f:opia School District No. 10................... 2 Excelsior School District No. A poll1 tax of one dollar ($1.00) huas been levied on all male citizens be tween the ages of twenty-one and sixty yea rs. except those exempt b law. A tax of fifty cents -each. is levied on all -dogs. Persons liable to road duty may pay a commutation tax of three dol pay a commutation taw of two dol lars ($2.00) from the 15th day of Oe 1910. All tax payers remember that all porpertey has been listed separately and please see that you have a re eipt for each piece of property sc' listed. J. L. Epps. County Treasurer. 10-1-09-3t. Schedules Effective June 20th, 1909. Northbound Departures from New berry, S. 0. 8:57 a. in., No. 15, daily, for Ander-. son, Greenville and intermaediate. points connecting at Greenville for Atlanta and points North. Arrive at Anderson 12:24 noon, Greenville 1:15 P. M. 2:48 p. in., No. 11, daily, to Ander son. Greenville and intermediate points, connecting at Greenville for Atlanta and points north. Arrive An-! derson 6:14 p. mn.. Greenville 6:55 p mn. Southbound. 1 :40 p. mn.. No. 18, daily, for Co lumbia, Charleston, Augusta and in termediate points. Arrive Columbia, 3:25 p. m. Charleston 8:45 p. m. Au gusta. S:35 p. mn. 8:47 p. mn.. No. 16 dauily, for Co lumbia, Charleston and intermediate points. Pullman sleeper from Colum bia, arrive Columbia 10:35 p. mn. Charleston 8:15 a. mn. Summer Excursion tickets now on sale. For further information, apply to ticket agents, or, C. H. Ackert, V. P. & G. M., Washington. D. C. W. H. Tayloe. G. P. A.; Washington. D. C. J. L. Meek. A. G. P. A.. Atlanta. Ga. W. E. McGee. T. P. L.. Augrusta. Ga. for Sale At Auction. We will sell to the highest bidder, in front of Court House, Green wood, S. C., Six Tracts of land within five miles of Greenwood, on two public roads ana in good neighborhood. Terms: One-Fourth Cash: balance in One to Five Years at 7 pe: cent. interest. Time: Sales Day October 4th. Call or write to us. We have a fine farm of 125 acres, with brick residence and gocd out-buildings Five Miles North of Greenwood, that we sre offer ing at a bargain. Owner de sires, on account of his health to quit farming. Excellent bar gaiii. Fifty Eight Acre Farm, with all improvements, six miles from Greenwood and one and a half miles from Hodges and Cokes bury. Let us show you this place. Goodwyn 8 SPENCE Greenwood, S. C. AN ORDINANCE. Fixing the Rate and Prescribing the Time For the Payment of Town Taxes For the Year 1909. BE IT ORDAINED by the Mayor and Aldermen of the Town of New berry, S. C., in the State of South Carolina, in council assembled and by authority of the same: That for the purpose of raising a revenue and in the exercise of the .axing power of said Town, the fol lowing taxes are hereby levied for the fiscal year ending December 31st, 1909, upon all real and personal prop erty within the corporate limits of said Town (except such as is exempt from taxation under the Constitution and laws of this State) upon the val uation thereof as assessed for taxa tion for County and Stalte purposes, viz: Section 1. That a tax of sixty cents on each one hundred dollars worth of real and personal property within .the corporate limits of the town of Newherry, in the State of South Carolina (except such as is ex empt from taxation under the consai tution and laws of this State) is here by levied for the purpose of raising a revenue to defray 'the ordinary ex penses of said Town for the fiscal year eniding December 31st, 1909. Section 2. That a tax of three fourths of a mill on each dollar's worth of real and personal property within 'the corporate limits of the Town of Newberry (except such as is exempt from taxation under t-he Con stitution and laws of this Sta-te) is hereby levied for the purpose of rais ing a revenue to defray the bonded indebtedness of said Town for the Opera House. Section 3. Tha: a tax of two and a half mills on each dollar's worth of real and personal property within the corporate limits of the Town of Newberry (except such as is exempt from taxation under the Constitution and laws of this State) is hereby lev ied for the purpose of raising a reve nue to pay the interest on and create a sinking fund for the bonded indeb: edness of said Town for the water work.s and ectric light plant. Seeiotn 4. That a tax of one mill on each dollar's worth of real and personal property within the corpor ate limits of the Town of Newberry, (exept such as is exempt from taxa tiou under the Constitu'tion and laws of this State) is hereby levied for the purpose of raising a revenue to pay the interest on the bonded indebted ness of said Town for the sewerage system. Section 5. That all taxes herein imposed or levied shall be paid to the said town in lawful money of the Uni:ed Sta.tes, between the fifteenth day of October, 1909. and the first day of December. 1909, and a p)enal ty'of ten per.ecent. is here,by imposed upon01 and shall be added to all taxes iw arrears. Section 6. That execution issue ae cordin' .:o law for the collection of al taxes fines or. penalties past due and unpaid for fifteen days. and thed cost of said exeutionl. Done and ratitied under the corpor-q ate seal of the town of Newberry, in the State of South Carolina. this the twenty-eighth (28th) day- of Septem ber. A. D.. 1909. J1. J. La'ngford, Mayor Attest: 0. L. Buzhardt, C. and T. T.C.N. - 10-1-09-2t. A *typ to-dynt. Has eured itch magically for others in Ne-vbarry and will euire for you. For sr.le at Maye' Drug Store.