The herald and news. (Newberry S.C.) 1903-1937, June 17, 1910, Image 1
COTTON LOCAL RET.
Corrected by Nat Gist. . - Corrected Twice a Week.
Strict Middling. ...14-1/am,(c)...0so2
Middling . . . . . .14 r. . o 6.
By Robt. XeC. Holmes. C.95
Good Middling. .14% Meal..............95
Strict Middling. .14% Sugar.........5%to6%
Middling. . . . . .14% B
Cotton seed 30 cents.
VOLUME XLV . NUMBER 47. NEWBERRY, SOUTH CAROLINA, FRIDAY, JUNE 17, 1910.
H. H. EVANS INDICTED
BY THE GRAND JURY
HARGED WITH HAVING ACCEPT
ED REBATES.
etment Handed Out by Attorney
General and Solicitor on
Tuesday.
a bill of indictment, handed out
torney General J. Fraser Lyon
Solicitor R. A. Cooper, the grand
ry, in the general sessions court for
s county, on *Tuesday returned a
true bill against H. H. Evans, ex
member and ex-chairman of the old
State dispensary board of directors,
charging him with receiving rebates
while in office. Immediately follow
ing the returning of the true bill by
the grand jury Mr. Evans sarrender
ed to the sheriff,, and, upon motion of
his attorney, Eugene S. Blease, Esq.,
was admitted to bail in the sum of one
thousand dollars. Attorney General
Lyon contended for a bail of at least
ten thousand dollars. The defend
ant's attorney stated that it would be
no hardship upon the defendant to
give this amount, as he was at home
among his friends, but that he felt
such amount was excessive, and
would tend to prejudice the case.
Judge Aldrich held that the letter
and the spirit of the law was that bail
should not be excessive, and, inas
much as the maximum fine for the
offence charged was only five hundred
llars, he thought double the amount
e maximum fine provided would
cient. Accordingly he ad'mitted
ans to bail in the sum of one
d dollars. The baii was im
y given, the sureties being
E. M. Evans, a brother of the
t; C. White Fant, of this city,
. Ndrwood, cashier of the
y Savings bank.
ans's attorney, Mr. Eugene
e, pressed for an immediate
this term of the court. The
ey general stated that one of
itnesses for the State was in
and another in Virginia, "as the
ant himself, if his counsel
he said, "ought to know, and
-tate could not go to trial at
He said he\hoped the de
d be as ready at the next
e court as it now was, and
State woul'd then accommo
defence. In reply the attor
the defendant said that he
et the next tbrm speak for it
yen as the counsel for the State
ebasing their action today- upon
tters as they presented themselves
them at this term. Judge Aldrich
said that, on the motion of the State.
be' would grant the continuance to the
n'ext term, as the attorney general
and the solicitor were in command of
the case for the State, as he would
have continued it for the defendant
upon a similar showing at the first
term at which a true bill was found.
Mr. Evans was elected a member of
the board of directors of the old State
dispensary in 1900 and served for four
years as a member' of the board and
then for two years as chairman of
the board. His home is in Newberry,
and since his retirement from the
board he has devoted himself princi
pall-y to farming. The indictment
charges two rebates, one of two hun
dred and fifty dollars and one of two
bundred dollars, from M. A. Good
man, who, at the times mentioned in
the indictment has his headquarters
n Savannah, Ga., and represented
Ivarious liquor houses. It will be re
ealled that recently in the Richland
court indictments against Goodman
were nol prossed.
The indictment charges, in the first
two counts, which charge the same
offence in different words, that Evans
ccepted a draft from Goodman,
rawn on the National Bank of Sa
annah, for the sum of two hundred
d fifty dollars, bearing date the 10th
ay of December, 1900, which draft,
it is alleged, Evans had cashed at the
National bank of Newberry. The last
two counts, charging the same offence
in different words, allege that Evans
accepted a draft from Goodman for
wo hundred dollars, drawn on the
National bank of Savannah, and
bearing date the 11th day of April,
1902, which draft, it is alleged Evans
had cashed at the Newberry Savings
bank.
Some witnesses in the case are: C.
.Davis, a contractor of Newberry,
gation, stated that he had seen a
"beaver" full of green backs in
Evans's house, while doing some
work upon it; G. H. Charles, clerk of
the State dispensary board, at the
time it is alleged that Evans received
the rebates; J. E. Norwood, cashier
of the Newberry Savings bank, which
bank is alleged to have cashed one
of the drafts for the acceptance of
which Evans is indicted. Mr. Nor
wood is one of Evans's bondsmen.
On the motion for bail and for fix
ing a day for the trial of the case,
there was, a spicy exchange of words
between the attorney general and the
attorney for the defendant. The at
torney general suggested, oi the
motion for bail, that in the other cas
es, which had been brought in the va
rious courts of the State, bail had
been fixed at from ten thousand to
twenty-five thousand dollars, and uot
less than ten thousand dollars.
The defendant's attorneys said that
the only one of those who had been
tried, and in whose case a verdict bad
been rendered, was acquitted and that
there had been delay on the part of
the State in the other cases, resulting
in their not having been tried up to
the present time. Mr. Blease said
that, among his friends as the defenal
ant was, he could give the brnd sug
gested by the attorney general, but Ic
felt that it was so excessive as to tend
to prejudice the case.
Attorney General Lyon, in reply,
said that the man to whom Mr Blease
referred, who had been acquitted, had
la.ter appeared in court and pleaded
guilty to another indictment, upon
substantially the same state of facts,
on which the jury had acquitted him,
and that in the other case, which had
been tried, a mistrial had been order
ed by the trial judge, in which case -
"unfortunately for the good name of
South Carolina," he said, " in addition
to the disgrace which these unfaithful
officers have brought upon her fair
name, the jury was interferel with
and the presiding-judge had to dis
miss the jury and order a mistrial."
In other cases, which were pending
the attorney general said, two of the
attorneys for the defense were se
riously ill and their sons had come to
him and pleaded for a continuance
upon this account, which he%could not
refuse. He said that he felt that the
small amount of rebates with which
Evans was charged with having ac
cepted should not operate in making
the bond light, as the acceptance of a
small rebate was all the more "con
temptible."
Mr. Blease, .for Mr. Evans, replied
that when a small rebate, was charg
ed, it was necessary, in the first in
stance, to prove a rebate at all. The
aniount of the bond, with Mr. Evans
in his home town aid among his
friends, he said, was a -small matter,
but he did not think the case ought
to be prejudiced by excessive bond in
a case of this kind, especially when
the defendant had come into court
anid surrendered only a minute after
the true bill had been found against
him.
Judge Aldrich said that under the
old statute the judge could not fix
bail in a sum exceeding twice .the
amount of the maximum fine, but that
he did not find this statute re-enact
ed in the code of 1902. However, he
said, for the reasons given above, he
did not feel that the bond should ex
ceed one thousand dollars.
On the motion of the defence for a
trial at this term of the court, Attor
ney Eugene S. .Blease said that the
State had been preparing for these
cases for five years, and that the de
fence had had no notice that a bill of
indictment would be handed out.
against Mr. Evans, and he felt that
surely* the State ought to be ready to
go to trial immediately, if the defence,
without notice, was ready. He said
that Mr. Evains wanted a trial, and
that the nature of the charge demand
ed that he be given a trial at this term
in accordance with the constitution,
which guarantees a speedy trial.
Attorney General Lyon said that
from the experien?ce which he had
with similar cases in other counties,
he had no idea that the defence would
be pressing for a trial, and that some
of the State's witnesses were in oth
er States and the State could not go to
trial at this term. The motion, on
the part of the State, for a continu
ance until the next term, was there
upon, granted.
This term of the court for Newberry
GRAND JURY REVIEWS
COUNTY'S CONDITION
FINAL PRESENTMENT GOES INTO
MATTERS'FULLY.
Condition of the Roads-County Of.
flees in Fine Shape-Number of
Recommendations.
The grand jury in the court of gen
ral sessions made its final present
ment on Wednesday morning. The
presentment is as follows:
Grand Jury7s Presentment.
To the Hon. Robert Aldrich, Presid
ing Judge:
This body has acted upon all indict
ments handed it by the solicitor, and
have reported our finding to the
ourt.
Committees have called on the sev
ral officers of the county, and after
making as careful inspection of the
books and other matters pertaining to
the offices as we were able, beg to
report favorably on the same.
We have made an especially thor
ough investigation of the affairs of
the county home. We find that thi
farm is in good hands; that the
lands are well preserved and well till
d. We find that there are sixteen in
mates in the alms-houses. These
poor, unfortunate people, notwith
3tanding their condition, seem to be
ontented -and satisfied with their
treatment by the keep er of the home.
The houses generally are clean and
well kept. De would, however, rec
ommend the purchase by the super
visor of at least six single iron beds
and mattresses for the whites. These
beds need not be costly, and would
be a source of considerable comfort
to t}ese poor people.
As to the insurance on the county
buildings, the county supervisor re
ports $25,964.45 fire insurance with
the State sinking fund commission on
the new court house, with $6,285.55
of concurrent additonal insurance
with old line companies, making a to
tal of $32,250. And he also repcAts
$3,00 tornado insurance on the new
court house. There is $3.000 of in
surance on the furniture aid fixtures
in the new court house. These sev
eral amounts we think adequate. We
find that there is $7,155.70 fire insur
ance on the old court house busilding;
4,000 on the county jail; $75O on the
dwelling of. the keeper of the county
home; and a total of $600 on four
dwellings county alms-houses. All of
this latter insurance is carried 'with
the State. We would recommend
that the insurance on the county farm
property be increased, so th'at there
will be $1,000 on the keeper's dwell
ing, $1,250 on - the four almshouses,
p250 on the barn.
.Complaint has been made to' 'this
bdy that there is stagnant 'water ini
the old Pool brick yard, which is the
cause of fever. We would recom
mend that the same be keot well
Irained, and to that end we further
recommend that the superv.isor nm
mediately take such steps as raay l'e
necessary for the draining off of the
water.
At the spring term of court we rec
ommended the purchase by the sui
pervisor of two blood hounds, and also
that certain repairinig be dIone~ on the
jail building. We find that neither
of these recommendations have been
arried out. We again recommend
the purchase of a pair of blood
bounds for the use of the county, and
barge upon the supervisor the advisa
bility of having the jail building re
uttered at once wherever needed.
rhe public buildings should not be
allowed to go to waste or to depre
iate in value on account of the lack
o proper attention.
At the spring term of court, the
onorable J. F. J. Caldwell, presid
ing judge, addressed this body quite
Eully with respect to the adoption by
his county of system of rural police,
and urged upon it the advisability of
tooking carefully into the matter. We
tave, therefore, considered the mat
:er thoughtfully, but do not think that
just at this time the system should
be inaugurated in this county, for the
reason of the expense incident to its
success. We believe, however, that
the dangers spoken of* by Mr. Cald
well could be greatly lessened if the
peace officers of the county, particu
larly the country magistrates and
onstables, would be more diligent
and alert in the performance of their
It is a matter of great satisfaction
to us to be able to-report to this court I
that our public roads, generally, are
in fair condition, and in some parts
of the county are in good condition.
We endorse the purchase by the
county supervisor of road plows and
road machines, and hope they will be
used, but we deplore the seeming in
difference on the part of the people
in some sections of the county, to
ward the working of the public roads.
It is impossible for the supervisor
and .the chain gang to work the roads
of the county, section after section,
and unless the people at large will t
take a greater interest in good roads,
and see that they are worked, our
county will remain behind in that re
spect. In fact, by law, the supervis
or is required to use the chain gang I
in the building of permanent roads,1
and can not employ it, therefore, for
the working of the entire roads of the
county. We urge upon the people,
especially the country peop'e, that
they take a greater pride In their
roads, and see to it that every one
liable to do road duty performs his
full six days of work as required by
law. By law it is made the duty of
this body, at each session of this
court, to make special inquiry as to
the manner in which the road laws
have been carried out by the several
officers charged therewith, and the
foreman of the grand jury to institute
all prosecutions for any neglect oei
failure of any of said officers. This
will certainly be done, unless it is r
shown that every person liable to
road duty carries out the law.
We beg to report that none of the
road inspectors under the act of 19140
have delivered to the' foreman of the
grand jury the report provided for in
said act. We beg of them to file these
reports as the law requires in order
that we may take notice of the same
in our next presentment.
We would respectfully urge upon
the members of the legislature the
levy of a $3.00 commutation tax, in
stead of a $2.00 tax, as at present,
and we desire to express the opinion
that a system of road working. by
contract, as contemplated by our sta
tutes, would give us better roads than
the system now in vogue in our coun
ty. We believe that such system
could be adopted without destroying
or lessening the usefulness of the
chain gang. We heartily recommend
to the county supervisor the use of
the King road drag. Wherever used
it has proven a great success, and
we urge that the supervisor have one
King road drag built for each over-3
seer t#1roughp,ut the county.
We are proud to report to the court]
that we have anl excellent system of <
public schools throughout the coun- I
ty, both graded and common schools, 2
and especially are we pleased to re
port the decided increase in the
length of our school terms. The
school finances are in splendid shape. j
We regret, however, to note that one
school district should vote off the
special tax which it has beertejy (
ing to the good of the community. We
regard this as a backward step in<
education.I
We think we can report a ggeral I
improvement in the moral tone of the I
people. Moral and educational im- 1
provement has beeni noticeable for C
several years. Crime seems to have ~
decreased to a degree and the people t
generally are in better financial cir- I
cumstances as a result thereof.
We have examined the books of five
magistrates and find that all moneys
collected have been turned over to
the treasurer and his receipt for the '
same.
We beg to report the road leading
from Silver Street to the Workman
place in bad condition.
Also a pond of stagnant water two
and one-half miles on the poor house
road near Mr. Henry Caldwell's
house. We would recommend that a
large pipe be laid in the low place ~
and then filled up so as to prevent ~
water from standing at this place. ~
It is reported to us that one Carrie c
Suber, is keeping a disorderly house, (
near what is known as Cannon Town. g
It gives us pleasure to report the a
excellent manner that this jury found
the books of the countytreasurer, the
supervisor and the sheriff. We can't
see how any set of officers could do g
better.
We beg to thank His Honor for the c
plain and clear manner in which he
aedr in all matter cnming before V
We recommend that our clerk N)
>aid the usual fee.
Respectfully submitted,
W. H. Shelley,
Foreman.
Pomaria. News.
Pomaria, June 16.-The farmer,
re getting plenty of rest now, it be
ng too wet to plough or do anythinj
1Ise.
The mail riders have been having
t pretty tough these days, with hig]
vater and plenty of mud.
We hqve been requested to sa
hat on next Tuesday night, the 21sl
here will be -supper given to thi
nembers of the Woodmen of thi
Vorld by their wives. All intereste<
Lre invited to come with well fille
askets.
There was a permanent organiza
ion of the new church which Is t(
ie built at this place on last Sunda:
,vening, with 24 members. Ther
vere six officers elected: Elders, W
. Seybt and T. A. Setzler. Deacons
Z. H. Hipp, T. E. Hentz, J. P. Setzler
. W. Alewine.
Mrs. W. S. Seybt has been confin
d to her bed for a couple of days
Mrs. J. J. Hentz returned on las
donday from Whitmire, where shi
Las been to see her sick mother.
Miss Annie Folk came home fron
Winthrop on last Wednesday t
pend her vacation.
Mrs. J. L. Keitt left on last Wed
iesday for Virginia on a visit to he:
>arents.
Our mineral water, it seems, ha,
lone away with chills and fever I,
own.
There was a meeting of the Rei
den on last Wednesday nighi
here were three new members tak
n in. We had a very interesting ad
Iress from Mr. J. T. Gaston, of Co
umbia, S. C.
There was a row at a negro churc
iear Hope station on last Sunday i
vhich a negro by the name of Ernes
3ishop got cut up pretty badly. H
-ame up to Pomaria on the 2 o'cloc
;rain and had Dr. Pinner to dress hi
wounds.
.Misses Cathleen Hentz and Ethe
3eybt, Mr. and Mrs.s Hipp and Mis
knna Hatton attended commence
nent last week at Newberry.
Invited to iNew Field.
4urens Advertiser, June 15.
The Rev. E. C. Watson, of this city
who is pastor of Rabun Creek,- Chest
ut Ridge and other Laurens count:
3aptst churches, has received a cal
o the pastorate of Bush River ani
t. Zion churches in Newberr,
ounty. It is a very inviting field, bu
Ir. Watson has not as yet arrived a
decision in the matter.
THE BLUE GOOSE..
L eal Bird and Common in Places Ii
Spite of the Books.
)uting.
"As the first flock approached m:
:ompanion called them 'brant.'
:new that this could hardly be cor
'ect, because brant are known t<
each the Gulf of Mexico. They were
owever, smaller than thiek big Cana
ian geese and had shorter necks
eesides, many in the flock, mare
an half, I should. think, had 'th4
Lead and neck distinctly whiIte,.and il
r's such as these that we picked up
"Subsequent investigation proves
hat they were the blue geese, whici
s called in the manuals of ornithol
>gy an uncommon bird. The strang
'st thing of all was that, both on this
orning and on my entire trip, near13
.11 the various flocks of geese whici
ame near enough to be examined
ere largely composed of this sam4
incommon' species. I should say
hat three-quarters of them were
robably this kind.
"This fact is surprising and per
aps throws new light upon our pres
nt knowledge of the species. The
lue goose is rare on the Atlantic
oast,' and in the eastern part of the
uif of Mexico. Collectors in the re
'ions of the south of this, as In Tex
s, seem to know little about it."
Divorce or flarriage.
"What do you think of a man that
oes around with only two buttons om
'is waistcoat and the back ripped
ut?"
"He should either get married or di~
orce."-New York Evening - Tele
1*L~ ~'
Oil Mill Declares Good Dividend.
Principal High School Elected.
Personals.
Prosperity, June 16.-Cadet Allen
3 Lester, who has been attending the
- citadel, is home for the summer. He
i has as'his guest this week.Mr. H. 3.
Pickett, of Ridgeway.
; Misses Blanch and Bertha Gray
1 Gallman, of Newberry, are visiting
Miss Bessie Bowers.
r Miss Kate Harper returned Tues
day to her home in Honea Path, ac
a copanied by Miss Janie Russell.
3 Miss Fay Rikard has returned to
i her home in Newberry after a visit
i to her grandparents, Mr. and Mrs. J.
M. Wheeler.
- Mr. and Mrs. N. L Black, and Miss
Essie, of Saluda, spent Wednesday
r with Mr. L. A.' Black.
Misses Kate and Mary Shealy, of
* Little Mountain, are visiting Mr. D. L
Shealy.
Mrs. P. L. Langford left Tuesday
for Blackstock, having been called
there on account of the serious ill
ness of her mother.
t Misses Willie Mae Wise and Clara
Gibson, of Winthrop college, are
home for the suimer.
1 Miss Della Bowers spent Wednes
3 day in Newberry.
Mr. A. B. Wise is in Charleston at
- tending the ceremonial session'of the
r Omar Temple.
Mr. Chas. P. Barre leaves
a Friday for Charlotte, N.- C. During
a the summer he will canvass both
North Carolina and Virginia for the
i interest of the Lutheran Visitor.
On last Tuesday afternoon the
- chamber of commerce held its regu
- lar monthly meeting. The question
. of the annexation to Newberry coun
ty of that part of Lexington county
3 between Amick's ferry and- Peaks was
discussed.
t Ms. I. S. Caldwell has returned
home from a visit to Staunton, -Va.
Miss Catherine Davis, Black's popu
lar milliner, has ',returned to.. her
home in Baltimore, Md.
Mrs. J. C. Schumpert is visiting
her parents in -Wicomico, Va.
Prof, J. E. Hunter left Thursday
for Chicago, where he will take a 12
weeks course in mathematics at the
University of Chicago.*
Miss JAllie Warner, who has been
teaching in Georgia, has returned
. home for thie summer.
, Mr. Geo. D. Brown has as his guest
i this week, Mr. Rich, of Columbia.
i The' regular annual meeting of the
r stockholders of the Prosperity Cot
L ton Oil Mill was held Wednesday at
t the city hall. Mr. A. G. Wise presid-.
ed, and Mr. H. 3. Rawl acted -as- sec-'
retary. /Thei president's report show
ed' the mill1 to be in a most flourishing
condition. All the present board re.
elected. A dividend of 5 per cent. do
dlared. Immediately after the meet
ing of'the stockholders, a meeting 6f
the board was held, and all the old
officers reelected, with the exception
iof Mr. A. T. Mayer, who resigned,
and Mr. T. M. Mills was elected to'
fill his place.
The officers are' Dr. J. S. Wheeler,
president; R. T. Pugh, vice-presi
dent; H. 3. Rawl, superintendent, see
ret'ary, treasurer and general manag
Ser; T. M. Mills, bookkeeper..
Wednesday, at a meeting of the
trustees of the Prosperity High
school, Prof. J. Moody Bedenbaugh
was elected principal. Prof. Beden
.baugh is a graduate of Newberry col
.lege, being a member of the class of
1908, and has taken a special course
at Knoxville, Tenn. Being a teacher
of experience we feel sure that Pros
perity is the gainer by being able to'
secure the service of such a compet
ent teacher.
Surprise Marriage at Clinton.
Laurens Advertiser.
Clinton, June 14.-Mr. Sydney Den
son, a prominent young business
man, and Miss Ella Nabors, one of
the popular young women of Clinton,
were married by the Rev. C. L Fow
ler at his residence Sunday afternoon
at 7 o'clock. The announcement of
this marriage was a complete sur
prise to their many friends here.
Just Out
Patron (to busy waitress)-You
haven't any sinecure, have you?
Waitress-Sori-y, sir; but we just.
~served the last order.-Boston Tran