Historical Newspapers of South Carolina

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VOLUM3E XLIX, :VUMBER 24. -NEWBERRY, SOUTH CAIROLINA, FRIDAY, MARCHI 24, 1911. WEAWEKfMATAl BOOZER AND HIP? CASE SET FOR FRIDAY MR. HIPP'S ATTORNEY WILL MOVE FOR A SEVERANCE. Rook and Amos Boozer Discharged. The Counts Case-Much Busi ness Disposed Of. The grand jury in the court of gen eral sessions on Tuesday returned a true bill on the indictment which had been handed them by Solicitor Cooper charging Sam Boozer and . C. Hipp with murder in the killing of James S. Giliam, on Mr. Hipp's Old Town plantation on the afternoon of March 3, and also charging Mr. Hipp as ac cessory, the indictment containing two counts. Boozer, who had been taken to the penitentiary for safe-keeping, was brought back to Newbeiry. by Sheriff Buford on T.uesday morning. Upon the returning of the true bill he was arraigned. Mr. Hipp, through his counsel, Messrs. Johnstone & Cromer, waived the three days allowed by law after the arraignment, .and he was not formally arraigned. The trial was fixed for Friday morn ing. The solicitor did not hand out a bill against Amos Boozer and Alex Rook, who were under arrest, having con cluded, after, thorough investigation, that there was not sufficient testimony to hold them. MIr. F. H. Dominick, who represented thes'e two defendants, took an order of discharge for them. The solic-itor will be assi ted in thr prosecution of Boozer and Mr. HipP by Mr. Eugene S. Blease. Mr. G. G. Sale was appointed by the court to defend Boozer, he being without coun sel. Col. Johnstone, representing Mr. Hipp, stated to the court that he would move for a severance in the -case, the effect of which, if granted, would be to give separate trials of the two .defndants. This matter will be disposed of when the ease is called. Xuch Work Disposed Of. The court bas disposed of a great amount of business. The prospects are that the session wil'4 continue throughout the week. There are yet several cases on the docket. The grand jury finished its work and handed in its final present2ffent on Wednesday morning. * Not Guilty ofpXurder. * The jury in the case of Seegers Mor gan alias Doot Morgan, charged with murder in the killing of Walter Smith, both parties colored, a synopsis of the testimony being given in the last isstue of The Herald and News in the court proceedings, returned a verdict of not guilty. No Bill in Murder Case. The grand jury returned no -bill in the case of the State vs. Tom Sanders, colored, charged with mur der in the killing of another negro while pranking with a pistol on ex Sheriff W. W. Riser's place during the Christmas holidays tihe grand jury evidently, taking the view that the killing was an excusable accident. Dispensary Cases. Ernest Lindsay, colored, pleaded guilty to .violation of the dihspensary law, and was sentenced to pay a fine of $100 or to sefve ninety days. Julius Rikard, colored, pleaded guil ty to violation of the dispensary law, and was sentenced to pay a fine of $100 or to serve three months. 'Eugene Mingo, colored, was acquit ted by a jury of violation of the dis pensary law. He was repreesnted by Fred. H. Dominick, iEsq. .Given Five Years. Tomn Boston, colored, pleaded guilty to assault and battery with intent tc kill, and after investigating th'e case .Judge Watts sentenced Boston tc serve five years. Cal Shealy, colored, pleaded guilt) to assault and battery of a high anc aggrevated nature, and was sentencec to pay a fine of $100 or to serve threw months. Mistrial in George Dominick Case. After the jury had remained on from 12.30 o'clock on Tuesday after noon until about 10 o'clock on Wed niesday niorning, a mistrial was or. dered in the case of the State vs (.o.~C T)aminliCk white and I.0i Griffin, colored, charged with assaul and battery with intent to kill. Dom inick shot a negro boy, Willie Mit chell, at Helena, recently. The eviden-e offered by the State was to the effeci that Lou Griffin, the negro woman, became incensed at WiAlie Mitchell on the afternoon of the shooting, as ht was passing by her house, and sen her daughter for Mr. Dominick; tha? Mr. Dominick came to her house shortly after, and then caught up with Mitchell in front of the house of one Anthony Coleman, and, saying tc him, "What you fussing with my wo Iman for?" shot him with a pistol. Mitchell was afterwards taken to the hospital, and recovered. The plea of the defendant Dominick was seld de fence, and of the defendant Griffin that she had nothing whateveir to dc with the shooting, that Dominick come to her house to see her about renting some land. Dominick said he was on his way home when he met Mitchell. He had 'heard of a fuss Mitchell had had with Dominick's brother, Lonnie Dominick, he said, and he asked Mit chelil what he had been fussing with his brother for, whereupon Mitchell told him he had as good gun in his pocket as. anybody, that he would talk to him and his brother like he wanted to, and that he would stand on President Taft's foot and tell him what he had to say. Dominick said Mitchell then put his hand on his hip pocket, told him he would blow his brains out, and started towards him, whereupon he fired. The State was assisted by Eugene S. Blease, Esq., and the defendant, Dominick, was rep sented by Messrs. Johnstone & Crom er, and Griffin by Messrs. Hunt, Hunl & Hunter, The Excursion Shooting. Newt Madison, colored, was on Wed nesday morning acquitted of the charge of murd:er,and was convicted of carrying concealed weapons, on the second count of the indictments. He was; sentenced to forfeit his weapon and to pay a fine of $20 or to serve 20 days. Madison killed another negro, Jim Jackson, on an excursion train on the Southern railway,' returnin2 from Savannah, while the train was running below Newberry, in this coun ty, on August 26 last year. Both Madi son and the negro he killed were from the Honea. Path section of Anderson county. The killing occurred between the car next to the engine and the sec ond car, Jackson being shot three Itimes. The testimony of th:e State's witnesses was to the effect that Jack son was walking through the train towards the engine, and as he got tc the front door of the second coach from the engine he saw Madison 0ou1 the door on the platform and said t< him, "I heard you got it in for me,' whereupon Madison "laid it to .him.' The testimony of the defence was tc the effect that the deceased, Jackson had been rowdy on the train, so much sc that the man in charge of the train had to lock him up for -part of the trip to Savannah; that he threatenet Madison's life on several odcasions during the trip; that Madison bought a pistol in Savannah to protect himsel' and rode on the tender from Savannal to Columbia to keep out of Jackson't way. Madison said when Jacksor saw him as Jackson was coming through the train, Jackson, with ax other, said, "I am ready for you, nov Iput it to me," putting his hand ii 'his right hip pocket, whereupon Mad ison shot him. Undertaker Baxte: testified that he found a rock in tha pocket of the decased. White gentle men of the Honea Path commrunit: testified to the good reputation of the defedant and the bad ~reputation o the deceased, and to the deceasedi rowdyism on the train. 15 Years for Manslaughter. Mel Wicker, colored, pleaded guilt: Ito manslaughter on the charge o murder in the killing of Enoch Brid ges, another negro, and was sentence' to serve 15 years. it will be recalle' that after the killing, 'an account C which appeared in The Herald an' News' Wicker cape1)d and left th IState, and was reently captured i North Carolina.. Wicker was repre sented by Eugene S. Bllease, Es3q., an 1.. B. Hunter. Esq. - Consent Verdiet. Bill Gider, colore d, was convicte Iof violation of the dispensary law, i ,.-e,i. co'erd bing r'endered. Gild inick, Esq. The Counts Case. The case against Charles H. Counts, charged with violation of the dispen sary law, was takcu up on Wednesday afternoon, and was given to the jury on Thursday morning. The State in troduced the testimony of the. express and depot agent at Pomaria showing the various numerous express pack ages and barrels by freight received < by Counts during the time in question. In cross-examination he detailed all express packages of 40 pounds and more received by others during that period, and there was a long list. In , addition to these he said there were three or four times as many smaller packages received. The State then n troduced testimony to show conditions I around Counts' store, the congregat ing of crowds under the influence of liquor, etc. In cross-examination these t witnesses said there was drinking and congregating of persons under the in fluence of whiskey around the other stores in Pomaria, but Mr. Adam L. Aull said it was more general around Counts' store. Mr. E. 0. Hentz, Jr., testified to buying once from Counts. "l SherifE Buford and Policeman Work man 'testified to finding a number of empty jugs and barrels and bottles t and cartoons around Counts' store when the search was made, and a 3 gallon jug of whiskey in the bed room occupied by Charlie Counts and his brother, Ben Counts, which they said Ben Counts claimed. This liquor they seized. They also seized a barrel from 'the railway consigned to Counts. Mr. Jno. C. Sligh testified to buying whis key in Counts' store year before last from a negro, the negro having the whiskey in 'his pocket. There was also testimony by the State as to two bar rels 6f Whiskey consigned to Counts which were brought througi POniaria 4 to Prosperity by Conductor Fant, of the Southern freight, the theory of the 4 State being that Conductor Fan<t Ibrought the whiskey through Pomaria 1 because Constable Williams was in i Pomaria that day. Conductor Fant was subsequently a'rrested for trans porting contraband liquor, and is now under bond. At the close of the State's testimony, Messrs. Fred. H. Dominick and Eugene S. Blease, representing the defendant, announced that the de fendant would offer no testimony. Counits was charged on all seven counts of the regular form of indict ment, as follows: (1) selling;- (2) mnaintaining a nnisancie by keeping a place where alcoholic liquors weTe sold, bartered and given away; (3) maintaining a nuisance by keeping a place w'here alcoholic liquors were kept for sale, barter and delivery; (4) maintaining a nuisance by keeping a place where persons were permitted to resort for the purpose of drink ing; (5) mnaintaining a nuisance by keeping a place where alcoholic li quors were manufactured; (6) stor ing and keeping in possession contra band -liquors; (7) delivering in the] night time.. The solicitor did not ask for . verdict on the fifth and seventh counts, there being no testimony on these counts. Mr. J. J. Hipp, the second witness introduced by the State, following the testimony of M. C. Rivers, the agent, said he had never bought any whis !key from Counts, had never seen any one else buy any from him, and had Inever seen any signs of whiskey in Ithe store. The testimony of Mr. 0. S. Miller was to the same effect. Mr. .no. C. Sligh testified he had seen some drinking and some drunkenness in and around Counts' store, but had .seen drinking and drunkeness all over town. Recalled to the stand, he testi ied to th3 purchase from the negro, referred to above. Then followed the tetim1ony of Mr. E. 0. Hentz as to on~e puiirchase fr'omf CouIn ts. fn cross examination Mr'. He{.ntz said this li quor might have been furnis.hed by Counts on their trip in buggies at night when they were 'off on social visits. but on' re-direct examination h e said he had paid !'or.'y for whickei some time' three or four years ago Ihe c'ouldn't remiemb- r the time nor the place nor the quantity, but w as certain it wasn't over a pl.nt. Mr. Adm Aull was the next witness, tes tifying as stated above. Mr. P. L. Langford, agent at Prosperity, testi 1fied to having sen the two barrels con signed to Counts, brought to Prosper -ity. Policeman V. P. Workman and Sher M. M. norr tostic':1 '0 h ;earch of Counts' place of business. The indictment charged sales to 0. 3. Miller, J. W. Sheeley, Lloyd To >ias, J. J. Hipp, Jake Long, James ong and Will Atwood. In order to convict of selling the ury must be satisfied that there was . sale to some one named in the in lictment. This, however, does not affect the )ther counts of the indictment. Solicitor Cooper, in summing up the ase before the jury, said the State iad been forced to rely largely on ircumstantial evidence, but that the estimony showed that *'in two nonths and fourteen uays, from Feb 'uary 4 to April 18, more than one iundred gallons of corn and rye and )ther kinds of liquors were received >y Charles H. Counts," and urged a rerdict of guilty on the first, second, hird, fourth and sixth counts. The defendant's counsel urged that he State had failed to make out a :ase. Mr. Dominick said he had also nade a calculation, and from Mr. Zivrers' testimony, including the small >aekages, "during the same time Char ie H. Counts was receiving his 100 ,allons other parties through that ame express office, according to the estimony of M. C. Rivers, the State's vitness, recived 1,980 gallons." The following composed the jury rying the case: Jno. W. Earhardt, oreman; W. H. Hardeman, Jno. T. rimerman, S. P. Hawkins, H. D. Vhittaker, S. W. Williams, J. D. Dom nick, H. R. Paysinger, 0. V. Higgins, C. C. Banks, L. W. Derrick, T, N, Mealy The jury retired at 12.30 on Thurs lay afternoon. G oldens Tried for Murder. The case of the State vs, Robert "oden and Olhrence Goldet, colored, harged with murder in the killing of aine Henderson, on Mr. T. J. Daven )ort's place, on Christmas day, was aken up on Thursday, shortly before he dinner recess, the defndants be ng represented by Fred. H. Dominick, Esq. Jim Wyatt, colored, was in luded in the indictment, but after ooking into the case, Solicitor Cooper ntered a nol pros as to him. Th Golden case was given to the ury shortly before 4 o'clo.ck on D'hrsday afternoon. The solicitor onsented to a verdiot. of not guilty s to CI-arence Golden, and the case wras given 'to the jury as to .Robert olden. The jui-y convicted Robe3rt 1oaen of manslaughter, and he was jentenced to .serve three years and ix months. THE NEWS OF PROSPERITY. ycem Attraction-Teachers Attend State Association-Dr. Harmon Marries. Prosperity, March 23.-Mrs. G. Y. Junter is visiting In Laurens. Mrs. C. M. Harmon has returned rom a short stay in Greenwood. Mr. J. L. Hunter, Mr. and Mrs. L. A. ease, of Clemsoni college, are the u'ests this week of Dr. G. Y. Hunter. Mrs. J. A. Counts has been visiting n Newberry. Mrs. F. E. Schumpert and children, aave returned from a month's stay ~vith Mrs. Schumnpert's parents, in Sa Mr. :R. C. Counts is attending court n Newberry this week. The .many friends of Dr. Geo. W. Earmon will be surprised to learn of bis marriage to Miss Ruby Wallace, >f Atlanta, on March 18. The Eureka Glee club will be the next number of the lyceum's atetrac tion. Their entertainment in the town ball Monday evening is looke~d forward to with much interest. Superintendent Geo. D. Brown, Prof. I. B. Bedenbaugh, Mrs. M. C. Morris, Misses Robt lIangfordshrd&lnununlET Misses Bobb, Langford and Thomop on left Thursday for Columbia, where they will attend the State Teachers' association. Miss Marjorie L.ickie, of. Mari-m, will spend the week-end with Miss Josie Thompson. Mrs. WV. M. Williams. of Charlott , is spending a month with her father, J.udge B. B. Hair. Mrs. Win. Werts, of Mountvilho, is visiting relatives in town. Mr. V. P. Workman, of Dlisho' ilW. PRESENTMIENT GRAND JURY. Calls Attention to Many Roads and Urges the Use of the Road Drag. To the Hon. R. C. Watts, Presiding Judge: This body has passed on all indict ments handed it for disposition ana has reported thereon to the court. We have no report to make in regard to the county officers at this session of the court, but have appointed commit tees to examine same and report at next term of court. We have examined the books of the following magistrates: Messrs. J. C. Sample, W. L. Kibler, P. B. Ellisor, W. R. Reid, B. B. |Hair and W. C. Sligh. We found them very neatly and properly kept except in few :n stances the dates of trials were irot entered. Several of the magistrates did not turn their books over to the grand jury for its examination. We would, therefore, urge upon the solici tor the importance of having the law obeyed in this particular, also if pos sible to have the books of all magis trates whose terms expired January of this year and those who failed to turn over their books at this time, to turn same over to the grand jury on or before next meeting of the ses sions court. It has been reported to this body that the Tollowing sections of 'public roads in the county are in very bad and in some cases dangerous, condi tion: - - Road leading from Newberry to Bush River church, near No. 2 mile post on Mr. Burr Goggans' place. Road near Trinity church, betweei Nrs. Lucy Longshore's i.nd Mr. David Pitts', at which place terra cotta is needed to fix place properly. Road between Mr. G. W. Kinard's farm and Mr. B. B. Rikard's near Can non's creek. Road leading from the Buncomb road toward Broad river, near Mr. F. L. Lominick's. The side ditch is very deep 'and a considerable portion of the road has caved in, making a very dangerous passage. Road from the government mile of good road near Mr. Jno. C. Neel's to Colony church has not had an over seer in several years, nor has it been worked in same length of time. It is reported to this body by Mr. Milton B. Caldwell that numbers or people have ben hauling sand from the public roads around- Newberry, and especially to a great extent from the road leading by Newberry college. In each of these cases we would recommend that the supervisor attend to having bad places in roads fixed immediately, appoint overseers, see that they comply with the law in re gard to working the roads and prose cute any party or parties taking sand from the public roads. It is also reported to this body that a -large amount of bridge lumber has been distributed in various sections of the county by saw mill men. Much of this lumber has been lying on the road for a year or more and in many cases 'at places not needed. We would recommend that the supervisor pay no claims for lumber thus placed upon the roads except by order from the overseer on the section in which the lumber has been placed. We recommend that the supervisor have the decayed section of floor and stairway near the front entirance of the court house repaired at once. We recommend that the supervisor place chairs or benches in the grand jury witness room. We also recommend that the use ot the road drag be used wherever and whenever possible on all. public roadsv and that the supervisor furnish same to all overseers who can possibly use them; also see that they are cared for and used by the overseers or some~ one on the road. We recommend that the supervisor have the proper officials fix all rat: Iroad crossings in proper shape by placing gravel between the track ane make the grades to conform with tne State law. It is also reported to this body that there is a gaimbling place near New berry, west of the city near the3 New berry cotton mill property. Whiter and negroes congregate here anc spnd whole of Sundays gambling. We ...-mni'r1 that the sheriff. magis trate and constaDIes ve Ib uu look after this at once. We have examined the jail and find prisoners well kept and the cells in as sanitary condition as possible un der the circumstances, but find one chimney in very dangerous condition and considerable other repairs need ed. The wooden cells are unsafe and in extremely bad condition. They are certainly unfit to keep prisoners in. We recommend that the supervisor take such steps .s necessar r toward getting new iron cells to replace the old wooden cells and have them plac ed there before the June term of see sions court, and that all repairs be made at once, and if such is not done we recommend that the solicitor take such steps as will require the super visor to perform said recommenda tions. We, the grand jury, do by a unani mous vote, hereby. extend our hearty thanks to His Honor, Judge R. C. Watts, and Solicitor R. A. Cooper for the many courtesies shown this body. We recommend that the clerk be paid the usual fee. All of which we beg to submit. R. C.'Counts, Foreman of the Grand Jury. March 22, 1911. NEWS OF LITTLE MOUNTAIN. School Meeting Called for Next ron. day-Missionary Meeting-Presi. dent Harms Lectures. Little Mountain, March 23.-Mr. Frank L. Feagle is spending severa.l . weeks at home. Mrs. J. K. Derrick wag called toAt lanta a few days ago on account 4f the illness of her sister, Mrs. Wil - liams. President J. H. Harms made an ex cellent address to the pupils and pat rons of the school last Tuesday.4 The teaching force of the Little Mountain school are attending the..' State Teachers' association in Colum bia. Th'e pastoral association of Dutch Fork xet at the parsonage with Rev. Shearouse last Tuesday. Rev. and Mrs. Kline; of Irmo, and Rev. and Mrs. Haigler, of Wite Rocka were present. The Children's Missionary society of Holy Trinity church havie arianged a very interesting program for the monthly meeting to be- held the com ing Sunday.. Mrs. J. M. Sease and Mir.s'W. B. Shesly spent Monday of this week inL Columbia. *Mrs. J. B. Lathan is spending some time with her son, Mr. C. F. Ltlan. A Dr. J. M. Sease expects to leave for New York in a few days. Mr. Newell fIaigler, -of Nevberry college, was In' town a short while Tuesday. The patrons of the school are asked to meet at the school auditorium Mon day morning at 8.30. All are urged to be present, as there, is some Import ant business to transact. "In the spr'inig a woman's fancy lightly times to thioughts of-biats," so that accounts for the large crowd at the opening of J. H. Wise & Co., last Wednesday and Thursday. The store was tastefu'lly decorated ~in palms. ferns and baskets of flowers'suspend ed from 'the ceiling wihich only tended to increase the effect of the beautiful . array of spring millinery. The dis play this season is even prettier than ever, and the number' of hats and styles of them prove that one can find at Mrs. Wise's as lovely an assort ment as one would see anywhlere. It -- is imrpossible to describie each hat in particular, !but amnox the comnbina. tions were black and white, gold, sil ver and coral. Flowers of every hue were shown. A full line of dress goods, embroideries and fancy trim mings were displayed. Death of Mrs. Ben Maybin. Mrs. 20ttie Maybin, widow of Mr. B. H. Ma,ybin, died at her home in the Broad River section of Neberry coun ty, Wednesday morning at 3 o'clock. She was a Miss Sadler and was about I60 years old. Mrs. Maybin leavas 1three~ sons and one daughter, Messrs. John, Ben and Arthur Maybin, and MisLillie Maybin. The builwas at Ebenezer yesterday morning.