The herald and news. (Newberry S.C.) 1903-1937, March 28, 1911, Image 1
VOUMrX R S CR T M H ,
V' U1X a;
VOLUME XLMX NUMBER 25. \EWBERRY, SOUTH CJAROLIAA, TUESDAY, XARCII ?S,1911. PttAWK,MAYA.
COL D. A. DICKERT ON
T. B. FEDER IN 1909
WANTED FELDER ASKED ABOUT
"SIDNEY LUCAS WHISKEY C."
And If He Had Made Overtures for
"Whiskey House on Paper"-Iu
teresting Correspondence.
In connection with the Blease-Feld
,er-Evens controversy which has been
-raging, it is interosting at this time to
note an article written by Col. D. A.
Dickert in The Herald and News in
April, 1909, in wlich he wanted Mr.
Feider asked "if nnce on a time he
-didn't make overtures to some mem
bers of the board of control to or
ganize a whiskey house (on paper,
you know), then buy riquor when it
was cheapest, and sell it to the State
'when it was dearest," and wanted Mr.
Felder asked "what he knows about
the 'Sidney Lucas Whiskey Company
of Liquor Dealers,' " etc.
He wrote the communication in The
Herald and News referred to above
under the nom de plume of "Dow, Jr."
The readers of South Carolina news
papers will recall a 'number of arti
cles under this nom de plume in pa
-pers throughout the State during the
Past several years.
Col. Dickert's attention was called
to his communication.
- "Yes," responded Col. Dickert, "in
a day or two 'after the publication of
that article in The Herald and News
T received a letter from Mr. Felder,
-directed to me in my own name, not
in the name of Dow, Jr., telling me I
must forthwith retract all I had 'rit
ten or he would put the talons of the
law upon me.
"To this letter I replied that I never
retracted what I wrote as facts, and
furthermore, as this was a public mat
ter, I would publish his letter and' re
ply to it in the same paper in which
my correspondence was presented;
that I charged as false his paying $30,
40 as detective fees; that he or some
one very close to him entertained a
maemb~er of the boardi and hi.s famiily
during the reunion at Nashville, ta.k
.ing them out to the Country. club;
schat he had monkeyed with the' State
!boazdI an~d proposed getting up a whis
'key house on~ D&t buy whiskey when
<cheapest and sell the State when1
'leare"st. a'nd charged him with being
or trtr b e the head of a myth
"To this he it 8iibe 'eplied, acknow--!
ledging that it was~ his cousin that en
tertained the member of the board at
Nashville, and saying that he had nojt
paid in actual cash the $30,006, but'
'was responsible for that much. A5
for -the other matter, he urged me not
to ppblish any more at present, saying
that he was in a position to save the
State hundreds of thousands of dol
alars, and that if I kept up this as
sault upcn 'him it would negative his
use!franess, consequently tihe State
-would lose that much, and he hoped
I hrad pa.triotism enough not to jeopar
dize the State's interests in so large1
an amount by injudicious writing in
the paper; .th!at after - all the cases
were settled, then it would be time
enough to ventilate the matter through
the -press, but not now"
iThe letter written by Col. Dickert,
published in The Herald and News of
April 30, 1909, which called forth this
correspondence between Col. Dickert
and Mr. Feld-er, is as follows:
"We notice in the Charleston and
Greenville papers that Avery Patton
was doing some talking for the press
in reference of the "winding up comn
mittee," attorney's fees, etc.
"Now, Avery shouid fight shy of the
Teporters, as they will get him sure.
Such stunts as he gave the News and
Courier won't stand sifting. That pa
per calls out like StyIock of old for
"the law," "the law," only it wants
"cotrat,""the contract."
"It seemns as if one Torn Felder's
name is much in evidence. Why?
That rising genius ot' tne Atlanta bar
can down ali the attorney generals
a nd lawyers in this State, "contract"
or "no contract," and g:ve them cards
and spades. Because he knows.
"Avery gives out as a matter of fact
that Tomn Felder paid out thirty thous
a dollars fr detltaVea. The
great horned spoon! Is not that
a "gully wrencher?"
"Why, Tom Felder never had that
much money of his own in all his
born days. But admitting it as a fact,
why should Tom have part-i with so
much cash for something he knew
already, or got from the State board,
just for the asking? And Avery Pat
ton singing the old tune of Tom's.
"Tb e United States government did
not pay much more than half that
amoat for the employment of the
best and highest pricea oetectives in
America to run over the entire coun
try and hunt up the Brownsville shoot
ers. We all know that Uncle Sam pays
high for what he wants, ana general
ly gets the best. Why its a ty-te on
its very face, and I can't see why
Avery allowed Tbbm to shove that
joker on him. But Tom is a jack in
the.box, and no mistake.
"We all know that Attorney Gener
al Lyon employed Abney in the case,
for the brains he had. But why a
second rate lawyer like Tom Felder?
Mr. Patton' says because he knew a
lot about the whiskey business. No
doubt in the world or that. Only lis
ten to Avery. "It came to the at
tention of the committee that the
firm of lawyers," old Tom, mind you,
"-had some valuable intormation that
the committee couldn't - get else
where."
"To be sure they had it, but how
did they get their information?
Avery "believes not a single firm of
lawyers in this State would have been
willing to put out such an outlay of
money on uncertainties."
"Of course not, not a single firm in
the State is such a John Dee, or a
Vanderbilt as to have so much cash
by them. Nor did Tom Felder either.
"Now, Mr. Patton, in one of your
confidential confabs with Mr. Felder,
of Roundtree and Felder, just ask him
for Dow and the rest, did he ever try
to monkey with our State board of
control in the "days of good stealing?"
Ask him "was it Tom, or his brother
or somebody else," that entertained so
ihighly and at his expense one of our
State board at the great Nashville re
union? Did he take any one from
this State out to the "Country Club,"
or some such tony gathering? Arid if
he did, what was the motive? Then
ask 'him if once on a time, he didn't
make overtures to some members of
the board of control, to organize a
whiskey houise ((ori paper, you know)
then buy S1quor when it was cheapest,
and sell it to the State wnen it was
dearest? Ask him wniat tie knows
about the "Sidney L(ale Whiskey
Company of Liquor ~Dealers," and
what wa.s the conference at the Hotel
Jerome to do with it?
"I know Tom will say "all a lie."
Well it may be, but you then ask Whit
Boykin and John. Bell Towill about it.
Tell them If they don't tell the whole
truth,~ the devil will catch them sure.
I don't kffdW much a:bout John Bell
T., but Whit B6yki eouldn't tell a lie
if he wanted to, fdif I knew his father,
served with him in tiiG &rrary, and If he
thought he was raising i A child to
lie, he would have strangled *hini in
the cradle. Then when Whit 46iits
looking blank and sharing his head,
just say, "Whit, don't you think, just
think that Tom Felder and somebody
mighty close to the board of control
was in 'cohoot' in a whiskey hour,e
and wasn't it the Sidney Lucas?"
Whit will shake his Dead and say, "I
don't know," but just watch him and
see him scratch his ear with his fin
ger. No doubt all the boys will plead
ignorance, for they are scared of
Lyon as the very devit, but then Lyon
knows more of Tom Felder hv this
time than he would l.ike people to
think.
"The best answer an unwilling wit
ness can give to gag a lawyer, is '1
don't recollect." "It has slipped my
memory." Better not deny it too psi
tirly for it's no knowing what focI
may have a bee in his sonne; and may!
sting somebody after a while. Don't
make any of the boys kiss the Book,
but ask them if any of those matters
ever came to their attention? If they!
say no, that ends it.
"The editor of this paper is in no
way responsible for wnar ; write and
Dow may be all wro,ng, ir so he will
be the first to lift his hat to the bojys
and say, "your pardon, Sirs," and do
the amende honorable.
GOY. BLEASE AGAIN
DEFIES THE COURT
WON'T NAME MOORE FOR SPECIAL
UNION COURT.
"Ira B. Jones Can Mandamus ... ,"
Governor Says.-Renewal of the
Special Judge Conroversy.
Columbia, March 25.-The refusal
of Governor Blease to commission
Judge Ernest Moore as special judge
to hold a special term of court at Un
ion, commencing Monday, Judge
Moore h'aving been recommended, has
renewed the special judgeship fight.
It would appear that the question of
whether or not the supreme court can
mandamus the governor of the State
is now put squarely up to that tribun
al.
In the presence of Senator Benja
min Ryan Tillman and Mr. R. E.
Wylie, of Lancaster, whom Judge
Moore asked to come here to get his
commission, Governor Blease said to,
day:
"Ira B. Jones can mandamus or G
damus or don anything he pleases. I
am not going to appoint Ernest Moore
as special judge for the Union coun
ty court. You can take these papers
(back, for I will not read them."
These remarks were addressed to
Mr. Wylie, who presented the request
for the commission for Judge Ernest
Moore.
. How the Situation Arose.
A few days ago the chief justice
wrote to Governor Blease, recom
mending to him Judge Ernest Moore
for the Union county special term of
civil court to be held conmencing
next Monday. Nothing was received
from the governor by Judge Moore
and, as the time approached for the
court, he asked Mr. Wylie to go to the
secretary of State and the governor,
while in the city, and see if the papers
had been issued. He also sent along
his oath of office, which the had taken
the precaution to prescribe to, so that
there would be no delay.
According to the papers in the case,
,the Union County Bar association rec
ommended that Judge Moore be ap
pointed to serve, and this recommen
dUlon was communicated to the gor
ernor by the ete justice,
Will Mandamus Rlesultt
The renewal of the special judge
shitp fight probably means that this
time, inasmruch as the issue is square
ly presented, mandamus proceeding
may result. The suapreme court has
not yet ruled whether or not it can
mndaimus the chief executive in this
State. In its. recent decision on the
special judgeshiip issue, in the James
Davis case, the court held that the
commssioning as special judge is
purely a. miieterial duty of the chief
executive, and that special judges
must be commissioned Upd'n the rec
ommendation of the Supreme court or
the chief justice.
The supreme court is, not now i
session in Columbia, so that any an
nouncement of what wi-ll happen could
not be made here.
IUEASE INVITES JUDGESHIP TEST
"Now fs Best Possible Time," Declares
Govemnor-Letters on the
ratter.
Columbia, March 26.-"It's a good
time to test the matter,'' declared Gov
ernor Blease today, when asked about
developmentps in the special judgeship
light. "I am not going to commission
Ernest Moore as special judge to hold
the Union term of court. Now is the
best possible time to test the matter,
because there are no jury eases to
come up and no one would be 'hurt if
there is no court," Governor Bkease
said.
Governor Blease said that he could
not tell if there would be no court,
but that he would not commission
Judge Ernest Moore to hold the court.
Judge Moore was recommended by the
supreme court. At the time this is3
written the indications are that there
will be no court.
As already stated, Ocovere: Blease
ad a letter from the secre1ary of the
bar association, of U'nion, ".ithdrawing
the name of JIudge Ernest Moore. The
letter in full is given out today. Gov'
ernor Blease explained that there
could be no court, unless one of the
n named in thi<. letter wa ornis
JAMES STACKUOUSE CHA1HHA\.
B. Frank Kelly, Secretary, New Wind
ing Up Commission-The -New
berry Court.
Special to The Herald and News.
Columbia, March 27.-The n'w dis
pensary winding-sup commission re
cently appointed by Gov. Blease met
today and organized by the election of
Hon. James Stackhouse, of Marion, as
chairman, and Hon. B. Frank Keily, of
Bishopville, secretary.
They are' holding a meeting this af
ternoon at Wright's hotel and have
requested Attorney General Lyon to
meet with them.
No special judge has been commis
sioned to hold the Union court and it
is presumed no court will be held.
Gov. Bleasg says he requested Soli
citor Cooper to hold a special term of
the court at Newberry to try the Sam
Boozer case, but up to this afternoon
he bad heard nothing from Solicitor
Cooper.
sloned or a circuit judge was disen
gaged.
Governor Blease received two let
ter! from Union, which are self-ex
planatory and which were given out
today by him. The letters follow:
First Letter Arom lnion.
"Union, S. C., February 28, 1911.
"The Hon. Cole. L. ZYease, covernor
of South Carolina, Columbia, S, C.
Dear Sir: On behalf of the Dar I have
I just mailed a petition to you and Chief
Justice Jones, asking for special term
of court to try equity cases, etc.-no
jury cases. Our bar has recotlinended
Mr. Ernest Moore and if for any fea
son he is not appointed, then we leave
the question of appointment open. If
there is disengaged circuit judge we
would expect him to be appointed.
Yours truly,
"(Signed) Jno K. Hamblin."
Three Weeks Later.
"Union, S. C., March 22, 1911.
"Governor Cole. L. Blease, Colum
bia, S. C.--Dear Sir: As we have a
court ordered for next week, begin
ning March 27, to try equity cases,
and there are out-or-town attorneys
who are interested in the court and
Imaking inquiries, I should be very
glad if you would give me the infor
mation as to whether or not a judge
hLas been commissioned to hold this
court. -
"Our bar has withdrawn the tname
of Mr. 'Enrest Moore, arid has stig
gested (in event there is no disengag
ed circuit judge) that we have Mr.
Walter Hunt, of Newberry, or Mr. C.
'C. Sims, of Barnwell, or Judge R. 0.
Purdy, of Sumter.
"Thanking you in advance for your
reply, I beg to remain yours very tru
ly-,. .
"(Signed) Jno. K. ifamblin."
It will be noted that the second let
ter from Mr. Hamblin withdraws the
name of Judge Ernest Moore as the
one to be recommended. The recomn
inendations~ of the supreme court are
isually made upon the recommenda
tdns 6f the bar.
Previous Clashes.
In the first clash between Governor
Blease and the supreni court the
name of the Columbia attorney sug
gested was withdrawn by the bar and
a disengaged circuit judge was found
for the holding of the court. In th'e
Georgetown fight, Judge Ernest Gary
was named, being a disengaged cir
cuit judge. In the Horry fight between
Governor Blease and the court there
was no term of court.
The present clash arose over the
recommendation or Judge Erne st
Moore to hold court at Union tomor
row, and the refusal of Governor
Bileese to commission mnm after receiv
ig the letter from Secretary Hamblin.
The matter came to a iead yesterday,
when Governor Blease stated to the
seker of Judge Moore-s commission
that he would not appoint that judge.
l'n view of the supreme court's stand
In the JIames Davis decision, it would
appear that the refusal ends the mat
ter so far as the holding of the Union
court is concerned. What develop
ments may follow that are difficult to
definitely forecast. L. M. Green.
STREET 1)UTY.
Street duty must be paid by the 1st
of April, or parties will be brought
before the mayor.
.J. R. SCURRV.
JOHN BLACK PAKWUNUJ
BY GOVERNOR BLEASE
PARDON GRANTED AFTER READ.
ING LYON'S LETTER.
Black's Sentence of Fire Years Had
Been Commuted to Fine of $2,000.
Full Pardon Now.
Columbia State, 25th.
John Black, a former member of
the old State dispensary )oard, is a
free man. He was pardoned yester
day by Gov. Blease.
"I went home to dinaer and carried
.the letter from Lyon with me. When
I read taat leiter I decided to give
John Black a clean slate, and when I
returned to the office I c.alled my
secretary and granted the pardon."
"Did John Black pay a fine of $2,
00 " he was asked.
"I don't know. I don't think lie has.
Anway, the p4dQn clears up every
thing ainst him and he how has a
clean slate," replied the governor.
John Black was convicted in Ches
ter county on the charge of 44nspir
tacy to defraud the State in connection
with the State dispensary. He was
sentenced to five years in the peni
tentiary.
Several weeks ago Gov. Blease con
iuted the sentence to five years or a
flne of $2,000. He said the fine musi
be paid by September 1.
"Did any statement in the letter of
Attorney Gen*'ral Lyon cause you tc
grant a pardon to John Black?" h4
was asked.
"I don't care to answer the ques
tion," replied Gov. Blease, "but I will
say that the pardon was granted im
mediately after the letter was re
ceived."
The letter of Attorney General Ly
on gave the information that Gov.
Biease asked with reference to the
prosecution of the grafters in con
nection with the State dispensary and
also as to the right of the attornee
general to nol pros cases. The Ches
ter correspondent of The State said
yesterday that no fine had been re
ceived, b the clerk ef court,
BOBBERS HOLD UP TRAIN(,
NIi Masked Bandits Compel Engineer
to Stop Train-Sheriff In
farsnlt.
*boffeyville, KCan., March 24.-For
two hours last niight masked men
held St. Louis, Iron Mountain & South
ern passenger train No. 104 at a stand
still on the prairie atout six miles
south of this city, ivalie 'they blew
open a safe in the express car. They
escaped in two automobiles, carrying
wth them money and vaiuamos which,
it is believed; Wiill amount to $20,000.
The trairi left Little lidek at 5.30
a. mn., yesterday bdufld idri tariiss
City. It reached JLenapah, Okia.,
south of this city, at 10.30 last night,
half an hour late.
Just after the train left Lenapah,
Engineer Lynch heard a sharp cry:
"Hands up."
Turning he saw a masked man sit
ting on the tender, pointin~g a revolver
at him.
"I'm going to ride some with you,"
said the man. "Drive on.
The engineer obeyed. About four
miles out of Lenalpah the rcbber com
pelled the engineer to stop the train
near a clump of trees. Five more
masked men came out of the woods
and, taking position on either side of
the train began shooting in the air
and along the sides of the train.
Then while two of the bandits stood
guard to prevent any passengers from
leaving, the four marched the en
gineer and fireman to the day coach
and locked them in.
One man' then took a position to
guard the rear of the train and three
went into the expresf~car, fore d the
two express messengers to jump out
and stand where one of the side
guards could keep them covered.
After nearly an hour's work the
men had succeeding in inserting a
charge of nitro-glycerine into the
through" safe in the express car.
Th y blew the 'safe to pieces and scat
terd its contents over the f,oor of the
car. They made no haste. They hd
chosen a strategic pa.tion in whicb
to .+p the train. ThQv w.ere at least
tnree uie La
tion.
After the three men had spent near
ly an hour over the packages taken
from the safe, the lights of two auto
mobiles were seen arawing near from
the direction of the Oklahoma line. As
they came within about 200 years of
the train on the country road the auto
mobiles were stopped. The lights
were extinguished and the bandits and
automobiles disappeared.
Passengers who had remained hud
dled in the coaches afraid to look out
of the windows, relaxed and the dis
organized train crev+ got to their
places.
When the train reached Wts eity
the sheriff was notified and with two
deputies started on horseback south'
ward in pursuit of the six bait ,,
Got Little Money.
Little Rock, March 24.-Supt. Geo.
F. Johnston, of the Pacific Express
company with headquarters -here,.
states that the men who held up and
robbed Iron Mountain train iO. 101 in
Oklahoma last night, got no 1nty
from the express cy en4 cta all the
booty. seeure4 ensisted of a few
"sealed packages," the value of which
is not greyt.
"We no :loner use this route for
through money shipments and there
was not anything like $20,000 in the
car as is reported."
* NEWBEREB Co LQE.
* * ?
Next Friday and Saturday, Maroh
31st and April 1st, the first two col
Xege games will be played upon the
college diamond between Newberry
and Wofford. Last yea Wofford had
a fast team and this year it is report
ed that all of last year's best players
are back again. These will likely be
the fastest games of the season on our
home dlia,nond.
Last Friday night the fifth number
of the Lyceum course was given by
the Eureka Glee Club. The Eureka$
with solos, quartette and selections on
the organ chimes was lealy one of
the best .numbers that has been on~
the conise this year, Next Friday
night, March 31, comes the sixth nm
ber.
-. College Y.IL.C..A.
On Api)2, at293p.mthe third
the series oflifetak arranged will
be deliverecd 'by Mr. A. T. Strattonx,
general secretary of the.Columnbia Y,
M. C. A. Mr. Stratton wil1.speak.on
the subject, "The Y. M. C. A. Sece.
taryship as a Life Work."
Mr. Stratton comes Well recomf
mended as a speaker and will give his
hearers an address that will be both
instructive and Interesting.
At the last meeting of the Y. M. C.
A. Dr. W. E. Pelham gave an intrue
tive talk on "The Opportunities of the
Christian Business Man." His talk -
Ms enjoyed bya la'genuinber of
de kyounlg men of the tdwn.
The youing men of the town are cor
dially invited to attend these meet
ings.
Epworth League.
Program for the literary meeting
of the Epworth league on Thursday
night at 8 o'clock:
Subject-"Rieemb3Ier the Almdo."
Song.
The Alamo-What and Where.
Events Leading up to the Siege.
Names immortalized by the siege
Crockett, Bowie, Travis.
Chorus-Our Nation's Heroes-by
the girls of the league.
A description of the assault and
capture of the fort.
Recitation.-"The Defense of the
Alamo.
Song.
CHIEF JUSTICE SAYS NOTHING.
Makes No Comment on Governor
Blease's Latest Jutdgeship
Action.
Lancaster, March 26.-The News
and Couriei. correspond-ent called up
on Chief Justice JIones this afternoon
and asked if he had anything to give
out anent the remarks of Governor
Blease as to 'the latter's refusal to ap
point the Hon. Ern^st Moore special
judge to hold court at Union next
week. Justice .Jones's reply was that
he ha nothing to say.