The herald and news. (Newberry S.C.) 1903-1937, March 31, 1911, Image 1
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14~ ' 'V JV:! as .
LYOLU)IE Xr iNUWZBER 26. NEWBERRY, SOUTH CAROLTh%A, FRIDAY, MARCH 31, 1911. '1 4KAWE,P ER
FORMER CHIEF JUSTICE
YOUNG JOHN POPE
PASSES PEACEFULLY AWAY FULL
OF YEARS AND HONORS.
End Came Wednesday Afrrno'n
Funeral This Afternoon 4 O'clock
First Baptist Church.
Former Chief Justice Young John
Pope died at his residence in New
berry at 3.15 o'clock on Wednesday
afternoon. He had been in bad
health for two or three years, and
about a month age became critically
ill and had to take his bed. While
his death has cast a gloom over the
community it was not unexpected. He
had been a citizen of the community
from early childhood and had identi
fied himself closely with everything
that pertained to the advancement of
YOUNG JOHN POPE.
his home city and -the going out of
such a life is always a time of sor
row and sadness.
He is survived by his wife, and one
daughter, Mrs. Everard. Blackshear,
of Waycross, Ga.; a stepdaughter,
Mrs. Geo. Johnstone, of Newberry, all
of whqm were at the bedside when the
end came. Dr. Thos. H. Pope, a
nephew, was also present. He was
conscious up to within a short time
of the end and passed peahefully into
the great unknown.
The Funeral.
The funeral arrangements for For
-mer Chief Justice nope have been an
nounced. The service will be held at
the F'irst Baptist church on Friday
afternoon at 4 o'clock, and will be
-conducted by the pastor, the Rev. Geo.
A. Wright, assisted by the Rev. M. L.
Banks, of the Methodist church, of
,vhich church Mrs. Pope is a member
The honorary pall bearers are:
.Justices and oifficers of the supreme
court; officers of the First Baptist
,ch.urch; members of the Newb ry
bar,; officers and members of the
James D. Nance camp, U-. C V.;c
ficers and members of the other or
ganizations connected with the Con
federate veterans; the board of trus
tees and faculty of Newberry college.
Interment will be had at Rosemont
cemetery.
The game of baseball which had
been schedu.led for Friday afternoon
between Newberry and. Wofford has
been postponed so that .the faculty
and students of Newberry college may
attend the funeral.
All business will be suspended dur
ing the funeral so that the citizens
of the community may pay respect to
the memory of Newberry's distin
guished dead.
The active pall bearers are all mem
bers of Judge Pope's family and are:
William F. Ewart, Chas. A. Bowman,
Dr. Thos. H. Pope, of Kinards; M-.
Thos. H. Pope, of Greenville; Robt
P.Fair, J. Rutherforti Fa%. and D.
Fair Pifer.
Notice U. (. V.
The members ot James D. Nance
camp, U. C. V., will meet in the
sheriff's office on Friday afternoon at
.3.15 sharp, to attend the funeral ser
vice of their late comrade, Hon. Y. J1
Pope, and to form a part of the hon
orary escort from the residence to the
First Baptist church, and thence to
Rosemont cemetery. The procession
will leave the residence at 4 o'clock
M. M. Buford,
Adjutant.
DraLyton RIuthe(rford Chapter.
The mnembers of the D)raydtn Ruth
erford chapter, U. D. C., are notified
to mneet at the residence 01 Mr. F. R.
Hunter Friday afternoon at a quarter
funeral of Judge Pope at the First
Baptist church at 4 o'clock in a body.
Every member is earnestly requested
to be on hand promptly.
Mrs. J. E. Norwood, President.
Life of Former Chief Justice Young
John Pope.
Chief Justice Pope tendered his
resignation as, chief justice to Gov
ernor Ansel on January 6, 1909, to
take' effect April 15, 1909. For two
years and more 1rece.,g his resig
nation, he riad been in wretched
health, and for ft whil- durirg the
i year preceding he was absent from
the bench. With characteristic fidel
ity to duty, however, he could be
found laboring at his post of duty ex
cept when physical disability made it
absolutely impossible. His letter of
resignation to th\e g-WernDr was brief,
but eloquent. 'Realizing that my
time of active service is drawing to a
close," he said, "and conceiving it to
be my duty to retire from office, I
hereby tender my resignation as chief
justice of the supreme court of South
Carolina."
The legislature of 1909 elected As
sociate Justice T-a B. Jones, another
native NewbecrimLn, to fill the vacancy
caused by Chief Justice Pope's resig
nation. i
Following his retirement from the
bench Judge Pope lived quietly at his
home in Newberry. During the year
1909 he sold his. old home to the city
for school purposes, and erected a
new home on the western corner of
the same lot.
Born in 1841.
Judge Pope was elected associate
justice of the ,State supreme court on
December 3, 1891, at which time he
was serving the State as attorney
general. On January 30, 1896, he was
re-elected under the new constitution
for a full term of eight years. On
January 20, 1903, he succeeded Chief
.; 'Ce i enry 'Mclver, deceased, as
chief justice, and after filling out the
unexpired term he was on January
23, 1906, re-elected for the full term
of eight years. His resignation in
1909 brought- to a close a service of
more than seventeen years on the su
preme bench.
Judge Pope was the son of Thomas
H. Pope and his wi-fe, who was the
second daughter of Young John Har
rington.- He was born in Newberry
on April 10, 1841. THe received his
elementary education at the Newberry
academy, under the management of
Leonard W. Means and F. W. Pope.
He then went .to Funman university,
from which he graduated with the de
gree of Bachelor of Arts in August,
1860. Following his graduation he
studied law under Chief Judtice John
Belton O'NeaIl, but at the outbreak of
the War Between the Secttons he en
listed, -in April, .1861, in the Confed
erate service. Becoming a member of
Company E, Third S. C. Infantry, he
was, in May, 1862, elected first ser
geanit, andl was they promoted to first
lieutenant and ac?jutant of the regi
ment. At Cedar Creek his left eye
was shot out by a minnie pall, and
during his distinguished service in
the army of the Cofderacy he was
wounded six other times, being
wounded twice at Gettysburg. Dur
ing the closing months of the war 'he
served as assistant adjutant general
of the brigade commanded by Gen..
James Conner.
Following the war Judge Pope re
turned home with his comrades to be
gin the work of rebuilding the -lost
ortunes of hi's State. H{e took up the
study of law where he had left off to
heed the bugle's call to arms, and in
1('6 he was admitted to practice in
the law and equity courts, and short
ly afte'rwards in the United States
courts. He began the practice of his
profession in Newt'erry, and was re
markably successful from the begin
nng.
Public Service Began Early.
His punlie ser'ice in civil life be
gen in 186~>. when~ he was elected by
the~ legi'slature district judge for New
berry county, assuming the duties of
the nositi';' th-.' year following, and
continuin:; t serve in this capacity
until he -.as oste by the carpet
ag government in 1868. It is said
th at the distinguished 'ability with
which he performed the duties of this
first judicial positio.n was evidenced
by the fact that there was not a
single appeal from his decisions.
He . elected mayor of the town
/
of Newberry in 1874, and served for
two terms, declining re-election. Un
der his administration the town was
freed from a heavy burden of debt
under which it was laboring following
the war and the troublous times of
reconstruction.
In 1874 he was married to Mrs. Sal
lie H. F. Rutherford, daughter of the
late Col. Fair, of Newberry, and wid
ow of Col. Wm. D. Rutherford, who
was killed at the head of his regi
ment on the field of battle in 1864.
To this union two daughters were
born, one of whom, /Miss Mary But
ler, died in the beautiful bloom of
young womanhood. The other is
Mrs. Neviile Blackshear, of Waycross,
Ga. Mrs. Pope has one daughter by
her marriage to Col. Rutherford, who
is the wife of Col. George Johnstone,
of Newberry.
In 187 Judge Pope was made chair
man of the county central committee,
which position he filled most accep
tably. In 1877 he had three high
honors conferred upon him-'he was
made a brigadier gen'eral of militia by
Governor Hampton; he was chosen a
member of the board of trustees of
Newberry college, a Lutheran insti
tution, although Judge Pope was a
I Baptist, and he was elected a member
of the :legislaturb from Newberr.y
county. He served in the house of
representatives during the session of
1877-'78, where he -came into promin
ence by the vigorous stand which he
took in regard to certain bonded in
debtedness of the State. As the re
sult of his activity and the thorough
knowledge of this subject which he
displayed, and the ,earnestness and
the eloquence with which he pressed
his position in the legislative halls,
he was chosen one of the assistant
counsel to aid the attorney general
in the "bond" cases, argued first iii
1878, and then appealed to the su
preme court, which sustained the
position taken by Judge Pope, saving
the State a million and a half dollars.
Judge Pope returned from the leg
islature to give his time to his law
business in Newberry, but in 1838
was elected to the State senate, where
he served for two years. While in the
senate e was an earnest advocate
of the policies which were later in
corporated into the farmers' move
ment, not the least or which was the
establisbhment of Clemson college. In
1890 he was a candidate for attorney
general on the ticket headed by Ben
jamin R. Tillman, and he' was one of
the chief figures in the stirring scenes
of that political campaign. He was
eected by an. overwhelming majority,
and served as attorney general uptil
hosen associate justice of the su
preme. court.
Judge Pope was one of those instru
mental in the organization of the Na
tional bank.of Newberry, and has lent
his aid to all movements which he be
lieved we::e for the upguilding of hisI
native town and State. He served as
third vice-president of the board of
trustees of Newberry college until 'his
dleath, and (up until the time his
health -failed he never missed an
opening o~f thie college, always having
a word of greeting for the students,
or a commnen.cement occasion.
Fl'ag ait Half-mast.
Columbia, March 29.---Governor
Blease today ordered the flag on the
State hou;se at 'half-mast on account
of the death, in Newberry, of former
chief justice of the supreme court, Y.
J. Pope. The news of the death of
Justice Pope was received with pro
found regret at the State capital.
The Baracas.
Baraca class of the First Baptis't
church will hold their monthly busi
ness meeting and owing to some ve3ry
important business to come before the
class it is hoped that every member
will be present. The meeting will beI
held at the home of Mr. J. H. Wcst.
Ladies Alid Society.
The Ladies Aid society, of Pomaria,
wvill give an entertainment in Bethel
school house on Thursday night,'
April 6, beginning at S o'clock, for
the benefit of the new Lutheran
church church at this place. Admis
sion fee '25 cents, children 10 cents.I
Come everybody and enjoy yourselves~
Iand help a good cause~ at the same
ime.
THE SEWS OF PRIOSPERITY.
Committee to Entertain Charleston
Visitors-U. D. C. Meeting
_lillnery Openings.
Prosperity, March 30.-Miss Eu
genia Meng spent the week-end at her
home in Union.
Mr. R. C. Hunter has returned to
Conway, after a visit to his parents,
Mr. and Mrs. R. T. C. Hunter.
Mrs. J. H. Werts and little son, Day,
spent last week in Newberry.
Miss Julia Schumpert hap as her
guest Miss Annie Singley, of Excel
sior.
Mr. C. R. Wise, of Newberry, spent
Wednesday in- town.
Mr. Tom Berley has returned -from
a short stay at his home in Blairs.
Prof. W. E. Monts, of Anderson,
spent Saturday and Sundp- at home.
Miss Annie Mae Bedenbaugh, of
Kiblers, is visiting Miss Ellen Werts.
We are glad to note that K. Baker,
one of our former townsmen, has been
re-elected mayor of Greenwood.
Rev. E. C. Cronk, of Columbia, will
fill the pulpit in Grace Lutheran
church Sunday morning.
The school election will be held
April 18.
The next lyceum will be a lecture
by Dr. D. T. S. Culp on April 4.
Miss Eula Taylor has accepted the
position as saleslady for the firm of
A. M. Lester.
The U. D. C. will meet the 12th of
April instead of the 5th with Mrs. J.
Frank Browne.
The younger set were most charm
in.gly entertained on last Friday even
Ing by Miss Rosa Mae Mitohll. Many
games were enjoyed after which a
tempting fruit course was served.
The first annual trade excursion of
the Charleston chamber -of commerce,
will arrive in Prosperity on April 7,
at 2.47 p. m. The commercial league
appointed the following committee to
arrange for their eitertainment while
here: Dr. C. T. Wyche, Rev. I. S.t
Caldwell and Mr. A. G. Wise.
Miss Alba Haynes, of Spartanburg,
has been on .a few days' visit to Mrs.
S. C. Morris.
rogeley Bros.
A collossal sunrburst of exquisite
and unique millinpry greeted each
visitor to the opening at Moseley
Bros. this week. Quarter~ed in their
new and delightfully arranged depart
ment which was artistically toned by
picturesque flowers and dr~apery ef
fects, the following models proved to
be intensely interesting. One .stun
ning cloahe of black faille d'Italie had1
its wide brim sharply dented at either
side, and rolled up in to attean effect
at the back so as to display a two
inch flange of tinsel cloth, soft rose
pink interwoven with tiny empire
wreaths. A small Milan rolled shape
trimmed with beautiful black velvet
wings and coral beads. A large hat
in Helen pink with an exquisite veil
ed flower crown. A stri'kingly pretty
aeroplane effect dainti-ly trimmed
with violets and a green quill across
with violets and a green quil across
the back. Of unusual interest and
beauty was a large white Milani straw
with a wide wreath of :blue forget
me-nots, pink rose buds and black
velvet ribbon. A black (Neapolitan
lightly rolled from the side with three
lace plumes and artistic pearl beads.
Others, too numerous to mention,
received admiration and approval
from a multitude of visitors making
the event one of unsurpassing beauty
and matchless sudoess.
N~. IL. Black & Son.
The men of Pro.sperity have decid
ed that neither heavy rains nor high
winds can keep the women of this
town and community from millinery
openim s.
This fact was clearly demonstrated
today when N. L. Black & Son's store
was crowded to overflowering by thy'
ladie who had braved t:he rough
weather -to inspect tne 'new goods in
all departments of this up-to-date
store. Never was the store more at
tractive than now with its color
scheme of coral and gold. One jh.at
which attracted the attention of every
one was a handsora'e black rice straw
with a soft braid of maline around
the crown. Sweeping across the front
from right to left was an immense
black willow plume, which was
caught in place by -pmnk hand !nad>
roses. Another one was a Tr
we.c lare h:a with a double wreatPh
of small pink roses around the crown
and having a willow plume 'bow of
lace. Still another which was much
admired was a fine chip in king's
blue rolled from the face at the front.
This was trimmed with forget-me
onts in shades of blue, pink roses and
wide blue velvet ribbon.
Next Lyceum Attraction.
On Friday 'evening, March 31, Dr.
W. T. S. Culp, who is called "The
Prince of Orators," will lecture in
Holland hall. He will deliver his fa
mnous lecture, "Uncrowned Kings."
Dr. Culp- is said to be one of the
best lecturers on the platform. He is
cc mopolitan in manner an.d matter,
and appeals to and inspires all class
es and ages. With graat convictious
he gives his message whi".n is bril
liant with satire, wit and humor, yet
voiced in tenderness and pathetic ap
peal.' Dr. Culp is class-d by many
big men of the stage as the equal of
Conwell and Dixon.
A leading Ne' York paper- says:
"The subject was 'Uncrowned Kings,'
and it may be truthfully said that Dr.
Ciilp is one of them. A master of
language, wit ani pathos." Wheel
ing, W. Va., News tys. "Undoubtedly
one of the Vest on the lecture plat
form. All pronouzaa it one of the
best ever given in the city.'
Dr. Culp is styled as a humorous
lecturer. "A man with mirth and a
mission." Some of our Newberry peo
ple have heard Dr. Culp and pro
nounce him great. 8.15 Friday night,
a good humorous lecture.
WHY SO MANY GET PARDONS.
Gov. Blease "Easily Moved" by Pleas
of Unfortunates Main Reason
Given by Executive.
Columbia, March 29.-"Why' do I
pardon so many men, who are serv
ing sentences at the State peniten
tiary?"
Governor BIease may have asked
himself this question, but if he did
not he answered it in ccnversation a
few days ago with the News and Cour
ier correspondent.
"I know that I am easily moved,"
said Governor Blease. "I know that
e~n a woman and little children
come inato my offiee and ask me to re
lease their sole support I am prone
to forgive the prisoner ,in the State
penitentiary and let him go. If I err
I am glad to err on thie side of hu
manity."
Just at this time when the question
is asked every day, ."How many men
has the governor pardoned today?"
Governor Blease's remarks upon his
own pardon record are of great in
terest.
Will of the Community.
"Just let those people who are so
quick to critiche go into the com
munities in which I have granted par
dons and ask the people there what:
they think about the matter.
"'Those who live in Charleston can
not know th:e senti-ment of the people
of Chester county; likewise the .peo
ple who are in Marion, for instance,
are in no position to 3udge of the sit
uation each in thie otheris county.
Therefore, if I grant a pardon in Mar
ton criticise, or the people-of Dorches
ton critiise, or the "people of Dorches
ter? All I ask is that the community
in which the pardon has been granted
be consulted and many of my critics
will find that I am upheld in~ those
communities where the petitions ar~e
granted."
Governor Blease cited several in
stances of pardon petitions that had
been granted by him. It so happen
ed that he mentioned the case of W.
. Carpenter, to which reference has
twice been made in the News. and
Courier. He spoke also of "old man
Jacobs," whom he paroled a few days
ago.
To a Living Death.
According to Governor Blease it is
an extremely hard fate to be sentenc
ed to prison for life. "There's Car
penter," he mused; "that man went to
the penitentiary when he was a mere
boy, saiy about 17 or 18 years of ag..
He has been in prison about 20 years.
There you are, the best part- of his
life is gone. Why shouldn't he now
be given a chance? Probably he will
nake a good citizen."
Gov. BIease thinks that one who,
hos been in prison, 15 years say,
czhi to be releas?d. The man has
ha ia punishment. is the g:overnor'S
view; then why continue to torture
him by keeping him from among his
fellow beings?
Mostly Poor People.
Governor B}ease is willing to stand
upon the record that he has pardoned,
paroled - or commuted the sentences
mostly of poor people, those who have
not been able to raise money for their
defence.
In this respect he believes he has
differed from previous administra
tions, especially that of Governor An
sel. It is true and the same has been
pointed out that Governor Ansel par
doned some big criminals, while re
fusing to pardon a large number of'
minor crimirals. -
The Black Case.
Most of the criticism that has been .
heaped upon Governor Blease has
come in connection with the Black
case. 'While many people, including
some of the best men in the State, be
lieve that in view of the fact that oth-.;
ers were allowed to go free- without
punishment, it was not right to=
"double up on" Black, so to spe- I
this cas-e is not to be considere .h'
the others. The bitterness of a 1,o!i
tical campaign, the alleged fr -.o
between the governor .and Bla lk ai:d
the whole dispensary muddle is
"sponsible. for this particular perdon' -
therefore, in, considering the gnver -
zior's pardon record as . a whole the
Black case should be eliminated.
This does got mean. .to Imply tha
the governor'should be free from. n~~
criticism in the Black case, but;
merely an explanation to difeenh e
the Black case from the other pardens ,'g
that have been granted.
Has Good. Reasons.
To sum up, Governor Blease
lieves that be has been moved '
good reasons presented to him in at " . "
guments and in papers filed In fM of
flee why prisoners should be pardon >- .
ed, in addition to the casefs in whic =
he has been moved by pity for the'
unfortunates, confined in the peniten=
tiary.
Governor Blease was very mnuc
pleased to read the article by N.
Brooker, of this city, appearing in
Monday's News and Courier. "That=
was anl right," he commented. He
was also pleased with- Senator Tll
man's comment upon his pardon ree
ord. "He is all right" the governor
said.
"For . Bent, State Penitentiary?"
"For Rent-A large set of buildings
'formerly used as th'e State peniten'
tiary. Also one State farm and build~
ings thereon. Apply qt governor's of
flee." This' advertisement to:.appea1
in the papers of the State in the'year
1913 has. been suggested by a Colum- -
blan.
This and other facetions commea * ,
have been made upon the governor'a
pardon record.
Has Ilade Record.
That Governor Blease' has made a
pardon record there is no .doubt. A
list of forty pardone, paroles , and
commutations was published in the*4
News and Courier a few weeks ago.
Since that time the number has about
doubled.
An examination of the records
shows that 82 pardons, commutations 7.
and paroles 'have been granted since
Governor Blease came into office.
Other Pardon Records.
Columbia, March 29.-It is interest
ing to note that from 1870 to 1872,
during Scott's administration, 236
prisoners were pardoned, paroled or
had their sentences commuted. That
was for two years. Governor Ansel
pardoned or released about half of
that record for one year, that is to
say 56 prisoners last year.
Glenn Pardon Petition.
Columbia, March 29.-The filing of
a petition for pardon in the case of
the tSate against W. B. Glenn, of Lex
ington\ county, today, brings to light
an explanation of wThy the parole pa
pers were not had in Lexington re
cently, when Glenn was paroled by
Governor BIease. The governor stat
ed tonight that he paroled Glenn upon
his own motion without any papers
being filed and now comes a pardon
petition.
W. B. Glenn, of Batesburg, killed
Finton Rhoden and was sentenced to,
five years for manslaughter at the
spring term of 1910. The supreme
cort rently upheld the decision.