Historical Newspapers of South Carolina

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w I VOLL'IE XIX, "UMBE 23.NEWBIERRY, SOUTH CARIOLINA, TUESDATi,1IARCH 21,191 CASE AGAINST EVANS CONTINUED BY STATE ATTORNEY GENERAL MUST BE READY NEXT COURT. Defendant's Counsel Pressed for Trial Heavy Docket for the Court. Cases Disposed Of. The spring term of the court of gen -eral sessions for Newberry county convened at 10 o'clock on Monday norning, Judge R. C. Watts, of Cher aw, presiding. Judge Watts has had a long experience on the bench, and is recognized as one of the best judges in South Carolina. He is prompt and firm in his rulings, and under his di rection the business of a court is dis patched without friction and as rapid ly as is consistent with the ends of justice. His conspicuous ability, his deep and accurate knowledge of the law, and his unerring sense of right s and justice have combined to give him his distinguished position in the able judiciary of the State. Solicitor R. A. Cooper was on hand with a number of bills ready for the grand jury. The docket for this term is heavier than for some time past, a 'number of murder cases being includ, R. C. Counts Foreman. Mr. R. C. Counts was appointed foreman of the grand jury, and the new jury for this year was sworn. On account of the absence of one of the grand jurors, an extra venire was drawn and Mr. J. P. Neel was drawn as a member of the jury. .Judge Watts charged the grand jury briefly as to their general duties and as to the specific bills of indictment handed them. He said if he were a member of a grand jury he wouldn't pay any attention to anomymous com nunications, because they were usu ally the result of spite work. If the law was violated in any community -so as to become offensive, some citiz en of the community would go in person before the grand jury or the solicitor or swear out a warrant be fore a magistrate. He said that an -onymous communications, usually be lng the result of spite work, were not worthy of consideration. He referred to the duties of the grand jury in the examination of county offices during the year. He said no special matter' K iad been brought to his attention 'which should be brought to the atten tion of the grand jury, and so far as be knew, the affairs of the county were running smoothly, as elsewhere throuhoutthe State. Evans Case Continued. The case of the State. vs. H. H.I Evans, charged with accepting a re-[ 'bate, was continued,,over the vigor ous protest of the defendant's attor ney, Eugene S. Blease, Esq. .Tudge Watts said he would include in his' -order that :7e State be required to go' to trial at 'the next term or to enter! a nol pros. When the case was reachied on the Scall of the docket the following an nou..cement was made by the solici 'tor: The Solicitor: "That case, as Your Honor possibly knows, is in the hands of the attorney general. He has 'charge of that prosecution. I had a conference with him a week ago, and he stated to me that on account ot ~the death of Mr. G. H. Charles, the 'most material witness in the case, it *would be impossible for him to go to trial at this time, and asked me to make that statement to the court. Mr. Charles died about two or three days before that. He showed me a tele gram from Mr. Charles, which he re ceived two days before his death, i! ing 'him he would be here. He hai otherwise made every preparation to go to trial, and he asked me to makTh that statement to the court." -Mr. G. H. Charles was former elirk of the dispensary board. Mr. Evans was in court with his at. torney, Mr. Eugene S. Blease. Mr. *Blease said: "The indictment was found against Mr. Evans at the June court, 19 10. At that court, immediately upon the re turning of the true bill, thie defend ant appeared in court, suirrenider"d. and demanded trial. The attorniey general stated that he did nrot antici '-ai- that the defence would be se anx ions1 for trial during that term, anud ed that he hoped the defence would b( as anxious at the fall term as they ap peared to be then. At the fall tern the ataorney general did not even come here. Th2 solicitor made a motior for continuance on the part of the State, although the defendant re sisted that motion, and again for the second time demanded trial. "Now, for the third time, Mr. Evans is in the court, and states what he stated on the very day that the true bill was first returned by the grarid jury-that he wants a trial, that he is ready for trial, and that he demands his constitutional right to a fair and speedy and impartial trial. One is of just as much importance as the other. He is guaranteed a speedy trial just as much as he is a fair trial, and unless we can get a trial his constitu tional right, as I take it, is being vio lated. If it happens that a material witness for the prosecution has died since the returning of this indictment, that is a matter for which the defence cannot be blamed. That witness was alive at the June court, he was alive at the November court, 'and the prosecution was not ready, and if they could not get ready when he was alive, I do not see how they are going to get ready now since he is dead. "The other witness whom the attor ney general has spoken of heretofore is not a citizen of this State, as the attorney general admitted in the court room, and was beyond the jurisdiction of the courts of this State, and has never been brought here. In fact, since the attorney general came up here, and, with two witness, who lived in the town of Newberry, and with Mr. Charles, went before the grand jury, a true bill being returned in five min utes-since that time I do not believe that the attorney general of South Carolina or a single one of those wit nesses, except the two gentlemen who live here, have ever been at this court, and I do not believe that a single wit ness for the prosecution has ever been put under bond to appear here. That is my understanding. "I do not know what the purpose of this prosecution is. It strikes me, though-and I want to say that I absolve my friend, the solicitor, from any responsibility in the matter what ever-but somebody, :t appears to me, whether it is the attorney general, or somebody else connected with the prosecution of this case,.is simply, for some purpose, trying to hold this in dictmen.t overj Mr. H. H. Evans as a lash, and I do not believe the courts of this State ought to be used for any such purpose, not even at the request of the highest legal representative of the State of South Carolina. I think it is an outrage for any man to be bailed into court and ror the third time to be denied his constitutional right of trial by jury. We think this case ought to be ended, and I move the court that a day this week be fix ed for the trial of this, case-any time, tomorrow, today, next Wednes day, Thursday, Friday-any day will suit us--and that the attorney general be notified to be present with his wit nesses and try this case. We think we are entitled to it." The court ruled as follows: "I take it that under the peculiar circumstances of the case--the State relying upon the testimony of Mr. Charles, and he haying telegraphed the attorney general two days before his death that he would be here, and~ then dying- suddenly, evidently unex pectedly-that that might have taken the State by surprise, and it may be that they have got to look around to see if they can supply any testi nony that they expected to get from that witness, and if I would order this ease on for hearing the only thing the solicitor would have to do would be to nol pros, and if at the next court he saw fit and proper, hand out an ther bill. At the same time, ! dh, realize the fact that when a mn is indicted, and he is anxious to have a~ full investigation of the charge against him, and not have it hanging over him, and wants the facts to come out, whatever they may be, and eith er be convicted or exonerated, that t is very galling to a man, but ther' are cases wherein it is necessary to the administration of justice that they be continued. This being the third erm, and the defendant having de nanded a trial at the two p)reviouIs erms and failing to get it, and this ime under the peculiar condition of firs T feeHng that 1 wvonii have to continue the case, I wi include in the order, if you want it,that this case not be continued any more by the State, and that the State be required to go to trial at the succeeding term or enter a nol pros." True Bills Returned. The following true bills were re turned by the grand jury during the morning: State vs. Rob Goldman, Jim Wyatt and Clarence Goldman, murder and carrying concealed weapons. State vs. James Caughman, assault and battery with intent to kill. State vs. Odell Suber, larceny of bicycle. State vs. Sallie Kenner, violation dispensary law. State vs. Willie Kinard, violation dispensary law. Violation Dispensary Law. Willie Kinard, colored, pleaded guilty to violation of the dispensary law, and was sentenced to pay a fine of $100, or to 'serve three months. Stole a Bicycle. Odell Suber, a little negro, pleaded guilty to larceny of a bicycle, and was sentenced to the colored reformatory I for twelve months. First Homicide Case. Seegers Morgaun alias Doot Morgan, colored, was tried for murder in tho killing of Walter Smlith, colored, on Mr. Thomas Folk's place, in October of last year. Tae weapon was a shot 'gun. The testimony of the State was to the ef "^t that Morgan was in a fussy humor at.d shot Smith without provocation, after Deing told by s hand who was working for Smith, not to hunt in his cotton- patch. Morgan contended he was being held and beat en by Smith when the gun accidental ly went off. Mr. P. H. Barron, of Un ion, represented the defendant. The jury returned a verdict of not guilty. Dispensary Cases. A consent verdict of guilty was tak en in the case against Elijah Jones, charged with violation of the dispen sary law, and Jones was sentenced to pay a fine of $100 or serve three months. Jones was represented by Fred. H. Dominick, Esq. The case against Sallie Kenner, eba.rged with violation of the dispen sary law, was nol prossed upon pay meint of $50. NiEWS OF EXCELSIO1U. Grain Looking Well-Teace. Granted Privilege to Attend State fTeach ers Mee'ting. Excelsior, - March 20.-The dry weather has let the farmers do a lot of plowing. Guano hauling is now in order and as usual a large amount will be used this season. Mr. and Mrs. Ben 'Wheeler, of Co lumbia, are up spending a few days~ with her father's family, Mr. A. M. Counts. IMr. D. B. Cook has been elected superintendent of Excels4or Sunday schol with Mr. J. A. C. Kibler, assis tant superintendent. Grain looks nicely to be dry on it so long. Mr. Pearl Watts, of' Columbia, has been up several days with his brother, Mr. John S. Watts. Two of our young men spent Sun day afternoon in Newberry. These visits are occasional and by and by the bells will jingle. Mr. H. S. B. Kibler, of Newberry, was down her last week visiting .his brother, Mr. J. A. C. Kibler. Mr. and Mrs. J. D. Lorick spent Thursday in Columb!a and Thursday night and Friday with relatives at Irmo. The -dry weather has put the public roads in fine condition. Rev. Jas. D). Kinard, of Newberry, spent Saturday night with his broth er, Mr. H. J. Kinard. Mrs. Alice Dominick wishes to thank her neighbors and friends fori their kindness to her and her children during the sickness and death of her husband, Mr. .Jacob H. Dominick. Their kindcness shown us will never be forgotten and may each one receive a real reward. Mr. and Mr's. S. A. Tikar'd, (f the Long Lane se.ction, have been ona visit to Mr. G. W. Kinar'd's fanmily. The trustees of Excesior' school| have granted their teacher. Prof. Bo land, the privlege to attend the teach ers meting 'to be held in Columbia WVednesday and Thur'sday with the THAT Y. I. C. A. That We Did Not Get-Mr. A. C. Jones Gives His Reasons for Fai!are of Enterprise. To the Editor of The Herald and News: I know you rejoice with me on the great success of the work done by the good people of Charleston, in raising one hundred and fifty thous and dollars for the new building of the Young Men's Christian association for the city of Charleston. It shows what we could have done at Newberry had those of us who had worked the movement of securing the old court 'house property for a home for our boys and young men to the point of having an act passed to submit it to voters of Newberry county had done their full duty. It was all lost by the neglect of Mr. W. A. McSwain, the president, to have the act passed calling for the election published, as required by act. This seems to. him doubly unfair that I should place all the blame upon him, but while he was directly responsible for it the lack of support given this worthy cause by ,men like George B. Cromer, Geo. S. Mower, W. H. Wallace, Dr. 0. B. May er and others, who threw cold water vn the movement. Cole Blease said in discussing the matter with me, "If I had my way about it I would take a stick of dynamite and blow the whole thing .up." This was a very extreme view, but it gives the people outside of Newberry some idea of what we l had to contend with any why we are not among the towns in South Caroa lina in 1911 that are preparing to have a building for a Young Men's Christian Association. Some of the names I have mention ed are among my -best friends person ally, but it shows how short-sighted some good men are when questions of the greatest importance to the future of the county are to be decided. The work that The Herald and News, John M. Kinard, I. H. Hunt, Rev. J. E. James, Rev. J. H. Harms, president of Newberry college; J. Fred Schum pert, John K. Aull, and others I might mention, including all of the members of the general assembly from New berry county-Senator Alan John stone, Representatives C. T. Wyche, Arthur Kibler and Godfrey Harmon will be among the pleasant memories that I will leave behind me when I take u'p my residence at another place later in the year, and the failure to secure this home for the boys and young men of Newberry county has had more to do with my leaving New-' berry than any other thing I know. A. C. Jones. * * * * * * *: * * * * * * * * *1 * THE IDLER.* There seems to be a great stir on between Gov. Blease and a something< signing itself "The Ch'arleston Coin munity Club"-I do not want this to be understood to be a disrespectful reference because I have always been< taught from my youth up to be re-i spectful to my superiors and I am too old now to dop art from those paths- I but there seems to be no individual i signature to the communication, and I must say that it was not couched in very respectful terms, but I am not referring to it to discuss the merits ori demerits of the contention. It is all about the act of the legislature which 1 the governor has not approved, per mitting certain cities to vote on the i question of a commission form of gov- I enent. The governor has not ap proved the act and the "Charleston I Community Club" is mad. I read' something once about an old adage which ran sometbing like this:r "Whom the gods would destroy they f first make made," and I want to warn 1 this "Club" to guard well its temper, I because I do not want to see anything 1 or anybody suffer destruction. This t "Club" has also written letters to the a several candidates for mayor to ascer- a tain their views 0on the question of a t commission form or government, and also onthe attitude of the governor ' in his failure to sign the said act. 8 And they--the candidates--have all I written letters in response to this re- E quest, and these letters have been 1 published. . Now, I am niot going to undertake ta 12 discuss th'e commission formic o' ~v- I f .'1p.n rr I do not know mneuh 1 about it, but I have thought, when thinking about what the difference was between the old form and the commission form, if it did not at last resolve itself into a choice of men by the people, and as a final analysis it rests upon the men chosen and the men who choose. The point I am try ing to lead up to is a quotation from one of the letters from one of these candidates for mayor, as follows: "The question of government is not to be decided off-hand even by the wis est, whereas it will not be denied even by the 3irplest, that the way to put down evils in government is to find good men for office, rather than to find giod :ffices for men." That seems to me, would be a good rule to follow in the selection of officers in every department. And if you do not select good men can you have good govern ment under the commission form any more than under the old way and vice versa? That is a question I would like to have answered. -0 Now and again I read some of the papers of the State, and I notice that in a great many towns they are talk ing of buidlding parks and of beauti fying the town and civic .associations are at work and the people are united for a town beautiful. Just what I have been trying to accomplish for Newberry from the first time I took my pen in hand to write a letter for The Herald and News, and what have I accom1plished? It is very discourag ing to try to help people who don't want to be helped-who-seem to be entirely satisfied with themselves, and as I have before remarked, any com munity or individual that is sa isfied with itself or with himself is in a bad way-hope is almost departed. Now, is Newberry satisfied with civic con dition? Then( all I have to say is, may God have mercy upon her and not cast her out at the last day into utter darkness. -o Just walk out in the street any pret ty day, when nature is attired in all her grandeur and beauty, and take a look at the streets and the old fences and trash piles and back yards and premises and old burned and charred buildings adorning the main streets and then answer to your conscience. What do you think? I strolled out along Boundary street the other day and I was meditating what a beautiful lawn could be mar4e yut of the Baptist lawn, and I had :hought that when it was being turned ip last year and planted in rye and barley that during this sprinig we would see a beautiful lawn there, but ip to the time I was along ther.s yould discover no visible evideLca sf mny steps being taken to beauti''uI this spot. It has great possibilities for a nost beautiful lawn-in faz? one of :he prettiest in the city-but t>ere are ythers and many.others3 that could b:e nade ideal. I was looking the other day at that >ld court house building standing out ;here in the public square, and I was wondering if the live business men of Jewberry were satisfied with it in its >resent condition, and if they ever stopped to think what sort of an im >ression it made on the stranger when ie comes to town. IHe can't help see ng it, and about the first thing he ;ees is the old broken shutter hanging. >y one hinge, and the broken sash, Lnd the dingy appearance of the build ng generally is obliged to give a bad aste. But if we are satisfied what ifference does it make to the strang ~r or anybody else. -0 It seems to me that I have a faint ecollection of a movement being on oot that at one time away back in he dim and distant past there was omething said about a public build rg in Newberry for a postoffice. If here are any persons now living who .re old enough to remember anything .bout this movement, it might be in eresting history to have some of these vrite their recollections of it. Le't is hear from some of you. Didn't the :overnment buy a lot? And where vas the lot? Or am I only dreaming?. )f course, the present postoffice suits tie airight, for I don't have any use or a postoffice any way, for now the iail is delivered at your door and the 2a!l you want to send off. is taken up romu mail boUxes, so really it- nak'es 0 (1iff4'nTh. to mec where the bild-. ing Is. That precipice in Friend street near the depot is still there and no guard rail protects the pedestrians as they pass along. -0 Supervisor Feagle has the coping up for the little park at intersection of Harrington and Thompson streets and! it is now ready for some one to put out the flowers and grass. I wonder why the supervisor does not take a little more pride in the lawn around the court house. He might detail Treasurer Epps and Judge Schum pert and Clerk Goggans and Sheriff Buford and Auditor Werts to take ex ercise in the working of this lawn. It would be healthful and beneficial to these officials and by a little work they could easily keep the lawn in fine shape. The Idler. Pleasant Mention. The San Francisco Call of a recent date contained an interesting account of the sailing of the Pacific mail liner Manchuria, for the far east via Hono lulu with 225 cabin passengers, about 200 Asiatics and 14,000 tons of freig. besides a big shipment of government tores for Maxla, The Call says: An other Manilla passenger we Dr. David Columbus Turnipseed, of the marine hospital service, who has been C, on duty at the immigration station oIL Angel island and was recently .ordered to Manilla. He was accompanied by his bride, woh was Miss Lulie Mee. Hunt, of Newberry, S. C., WhOIU was married to Monday at the hien of Past Assistant Surgeon Glover, o; the marine hospital service in tis; city." BED CROSS NURSING SERVICE. A red cross on white grouad encir cled by the words, "American Nation al Red Cross Nurse," in letters of gold on blue enamel, the whole enclosed in a laurel wreath-this is the official emblem of the nursing service of, the American Red Cross, and no higher honor can be bestowed upon a nurse than the right to wear this badge, for it means that she is pledgod to' the service of her country. This emblem - is protected by law, and still further to prevent its improper use each badge is numbered and the names. and addresses of the nurses to whom they are issued are on file in 'the Red Crass offiee in Washington. The selection of these nurses is one' of ,the most important duties devoly ing upon the Red Cross, and so im portant indeed- did this duty seem that a national committee on red cross nursing service was appointed by the war relief board of the American Red Cross in December, 1909. This corn mittee, consisting of nine memnbers representing the Nkurses Associated alumnae of the United States and six members representing the American Red Cross, was made responsible for he organization of an adequate nurs ing personnel which shall be at all times available for service under the. banner of the Red Cross. The magnitude of this undertaking may be indicated by the following fig res: During the last year of the Civil War there were 204 general hospitals nder the control of the medical de partmnent of the United States army, with a capacity of 136,894 beds. If the medical department of the army of 1865 had undertaken to fur nish a nursing service comparable with that which is considered neces sary in our large hospitals today, an army of over 27,000 nurses would have een required. There were, however, o trained nurses available in those ark years of the Civil War, but to ayt here are in United States alone ver 50,000 women who have graduat d from training schools for nurses, hani whic.h there are none better in ~he world, and from these the Red ross hopes to enroll at least 10,000 urses-10,000 selected women who re not only vouched for b)y the ~chools for nurses from which they ave graduated, but are recommend Kd by well-known noers of their )wnl profession. The system of enrollment adopted y the Red Cross is a guarantee to he nation that in the stress of calam ty or the turmoil of war there stands eady for service a band of women vorthy to follow in the footsters of heir great teacher and exampl!ar,