Historical Newspapers of South Carolina

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R. A. RICHEY REFUSED CLEMENCY Abbeville Farmer Must Serve Ten Year Sentence-Convicted of Mis treating Girl Under Statu tory Age. Columbia, April 14.-Governor Blease today declined to interfere with the sentence of the court in the case of the State against R. A. Richey, the well-known Abbeville county farm.er, who was sentenced to serve 10 years for statutory rape. The solicitor, R. A. Coopcr, did not recommend execu tive clemency. He expressed the hope that it would not be granted the pris oner. Richey will be brought here tomor row, according to information 'at the governor's office. He will be placed in the penitentiary to stay for ten years. Pitiful Case of Victim. Solicitor R. A. Cooper spared no words in his picture of the prisoner. He said that he had been informed that this was Richey's third crime of the kind. "The case of the young girl is indeed a pitiful one," writes the so licitor. "Left an orphan at the age of 6 years and taken to the home of Richey as one of the family, she look ed upon him as her father. Before the trial I had several conversations with the girl and urged upon her to tell only the truth. I realized at the time that it was a serious matter and that the case was fraught with terrible consequences, both to Richey and to the family." If Guilty Should Suffer. That the well-to-do can not escape the result of their crimes is the view of Mr. Cooper in these lines: "It is suggested in the petition that the hu miliation and the expense which Rich ey has been put to is sufficient pun ishment for him. I shall not argue this question. "If he is guilty of the offense charged, and the jury has so found, then, in my humble judgment, the law does not provide too much punishment for him." The solicitor speaks in no uncertain terns also of the resort to technicality in this case. A Broken-hearted Mother. The solicitor went 1beyonid the line of duty to appeal to the governor when he says-: "And to have come into con tact smit~h the jpoor l4roken-hearted mother as I have, is calculated to pos sibly bias me against the petitioner." Richey was convicted before Judge Dantzler in the spring of 1910. His case was recently affirmed by the su p,reme court. In the petition for par don much wa.s said about the techni cality as to the girl's age. This was urged strenuously as a basis for par-' don. The'supreme court ruled firmly in the case when it was before that tribunal. A Pathetic Situation. Richey's case was one of the most sensational cases in recent years in this State. He is wealthy and has in fuential friends. A pathetic incident of the whole matter is the faithful aess with which Mrs. Richey and her young daughters have stood by the igher. They have held out that 'he 'was innocent. If ever there was a case that came before a governor with tears and1 pleadings this was one. Yet Governor1 Blease today declined to interfere with the court's sentence. He is sorry for the family, but he feels that the mandate of the law must be carried out. Sister Brings Parole. A pathetic scene was enacted at the ~penitentiary late today, when with tears streaming down her face a wo 2nan, the sister of the noted prisoner, Earl Rochester, of Oconee, bore to him a parole from Governor Blease. Just .a few minutes before she had stood before the governor and thanked him for the granting of her plea. Earl Rochester was serving a life sentence for murder. Rochester was indicted at the term of court, in 1904, for the killing of Walter Mills. He was convicted and given a life sen tence. .From Late Judge Dantzler. In the list of papers connected with This case is one of a unique nature. It is from the late Judge Charles G. Dantzler, and, in a measure, excuses the taking of human life, or mitigates the sentence, in the judge's opinion, for the applying of mere words. Just before the tragedy, Judge Dantzler writes, Walter Mills. speak ing to Rochester, applied -the word "dirty" and another worse word to the wife of the defendant. No words; can excuse the taking of human life, says Judge Dantzler, but this circum stance should have great weight in the exercise of executive clemency. Wanted to Kill Two More.? Another remarkable document is the: following affidavit from W. M. Kay , shieriff of Oconee county, who on oath says: "Earl Rochester, while in jail for the killing of Walter Mills, told: him he hoped to live long enough to~ get out of the penitentiary; that there wre. two moe men that he wanted to kill. W. M. Kay." This is sworn to. There have been numerous petitions in this case. Once in 1909, a juryman wired from Nebraska that he would sign the petition for clemency. Senator Earle's Opinion. Senator Earle, of Oconee, writes, that: "Mills was passing along a neighborhood, where Rochester was at work, going for cabbage plants. As he returned, Rochester having his gnn in the field walked a few steps to ward him and shot him dead in the road. One woman was an eye-witness. The evidence pointed 'indisputably' to a deliberate killing.- Senator Earle does not recommend clemency. Rochester was convicted in 1905, but was granted a new trial by the su preme court and was again convicted in April, 1906. There were numerous ly signed petitions for Rochesterls pardon. The solicitor, Mr. Julius Boggs, did not recommend clemency. The governor today paroled Rochester during good behavior. Cherokee Negro Won't Hang. Governor Blease today commuted the sentence of a negro in Cherokee county who had killed a white man. Governor Blease himself mentioned the incident as rather unusuai. The negro, who was to have hanged, but whose sentence today was com muted to life imprisonment by Gov ernor Blease, is from Cherokee, and was convicted of the killing of Rob ert Davidson. The negro's name is Luther Corry. Senator Hall's Version. Senator W. S. Hall points out the circumstances as follows: That the negroes were having a Thanksgiving celebration 'at one of their churches; that the white men came in and ming led with the negroes. All the white men had guns and liquor; of the white men, Davtdson and Jim Hayes were on bad terms; some of the negroes were armed; another white man and the negro Luther Corry got into a scrap and Corry's gun was taken away and Davidson drew a gun on Corry at this time. The long and short of it was that a general mix-up followed. On trial the jury abquitted the white man, Hayes, and found one Gaither and Amos Byers guilty .of mnanslaugh ter. Corry was found guilty of mur der. Senator Hall does not think the negro should hang and requested the governor to act. Commutation-Parole. Governor Blease today commuted to a fine of $100 or twelve months at hard labor, the sentence of $300 fine or twelve months at hard labor, im-: posed at Laurens by Judge Watts last month on T. S. Johnson for adultery. Governor Blease today paroled Ro land and James Waites, white, sent to the reformatory by Judge Mem minger, sitting at Columbia in Sep tember in 1906, for larceny and given ten years each. Two Petitions Refused. Pardon was refused to Andrew J Gosnell, of Spartanburg, sentenced by Judge Wilson, January 7, 19~11, to one year on the chaingang for larceny of live stock. Pardon was refused to John Jack son, of Chesterfield, sentenced by Judge Klugh, in April, 1900, to life imprisonment for murder. BABCOCK CHOSEN CHAIRMAN. New Asylum C.,mmission Holds First Meeirg-.Au 11 Secretary. Columbia, April 14.--At the first meeting of the new asylum commis sion today, in the governor's office, Dr. James W. Babcock was elected chairman, and Elbert H. Aull, of New berry, secretary. The governor called the committee to order and stated that much had been said and written in regard to the asylum commission; that he con sidered that the other commission had been appointed for a certain purposa; that they had accomplished that for which they were appointed and done their work well, seemingly satisfac torily to all parties. He said that this was an entirely new commission; that the governor had not refused to appoint any mem ber of the old commission, but had simply followed the act and appointed a commission of good, true, hon1est, competent business men, and the work is now in their hands; that he had no comments nor suggestions to make and no favors to ask; that the mat ter was in their hands and to pro ceed with their work. Dr. T. WV. Babcock was unanimously elected chairman, and Mr. E. H. Aull' unanimously elected secretary of the commission. They then retired to the ways and means committee roe:n 'o take up their duties. Dr. Babcock announced tonight that the next meeting of the asylum'r co:n mission will be held next Friday at 9 o'clock a. m. Messrs. Floyd a:.d Payne, the members of the commas sion, who had not yet visited the tracts of land bought for the asylum, went out there this afternoon wi'h Dr. Babcock. ORANGEBURG'S PROBATE JUDGE.1; Blease Petitioned to Hold Up Com mission of A. C. Dibble. Columbia, April 14.-Governor Blease was today asked to hold up the commission of Andrew C. Dibble, the new'ly elected judge of probate ot Orangeburg county, on the ground that the act creating the office of mas ter for that county devolved the duties upon the judge of probate and that this act is unconstitutional. A strong constitutional argument was submit. ted. Governor Blease nas not yet been called upon to issue the cominission in the case of the new juige of pro bate, so there was no action for him to take. I By an act of 1S90 the office of master was abolished in Orangeburg, and the duties devolved upon the judge o1 probate. Two reasons are assigned as to why the act is unconstitutional. 1. That the legislature sought to en large the jurisdiction of the probate court and- to increase the powers of the probate judge, as such which is defined and specified in the consti.u. tion which can neitner be enlarged nor diminished by the legislative pow er of the State, which is itself the creature of the constitution and con trolled by the provisions of that in strument which constitutes the fun damental law. 2. That the act which creates an6 nominates the special referee creates an office and defines the public du ties and powers of that office and pro vides as compensation for the perfor mance of those duties by the special referee certain fees and :rovides fur ther that the probate jud;e of Orange burg county, a constitutional officer, shall perform the duties of the office of special referee, and to collect cer tain fees therefor, tiereby authoriz ing and directing that one offcer col lect the fees of each office as compen sation for the performance of those public duties and powers distinct and separate, the one from the other con trary to the constitution of the State, of 1895. In addition to these reasons the whole matter is fully gone into. TILLMAN-M00EE INVITATIONS. Senator's Daughter to Wed Jersey Lawyer April 26. Washington, April 14.-Senator and Mrs. Tillman have issued invitations for the marriage of their daughter, Lona, arnd Charles Summer Moore, of Atlantic City, April 26, at the Church of Our Savior, Trenton, S. C. o Mr. Moore is a lawyer of prominence I and is from 'one of the oldest families in New Jersey.I e C e DON'T DELAY LONGER ~ In providing your home with a good f: piano or organ. Doubtless, you have e promised your family an instrument. No home is complete without music,.. and nothing is so inspiring and cu'ti- ''1 and gives entertaimment for children, and keeps them' at home. This is our 2-7th year of uninterrupted success here. - hence we are better prepared thar' ever to supply the best pianos a:od organs and will save you money. Write us AT ONCE for citalogs and for our easy payment plan and prices. M ALONE'S MUSIC HOUSE, COLUMBIA, S. C. NOTICE OF SPEC[AL SCHOOL - ELECTION. STATE OF SOUTH CAROLINA, d COUNTY OF NEWBERRY. j ln consideration of a sufficiently e signed petition from the voters and ir freeholders of school district No. 58. o known as Silverstreet school district. o: asking for an election to vote a special p two mills tax to be used for school p: purposes in said district, the election for the said purpose above named is school house of said 1strrict, conduct hereby ordered to be held at the J ed by the trustees of the district as managers, on the 7th day of April, - 1911, beginning at 8 o'clock a. in., and closiing at 4 p. mn., a registration cer-I tificate and poll tax receipt being:s necessary to vote in this election. All 2 voters favoring the tax will vote Ic. "yes," against the tax "no." c J. S. Wheeler, i S. J. Derrick, E. 0. Counts,.b County Board of Education. NOTICE OF FINAL SETTLEMENT. N Notice is hereby given that on the 6th day of Mlay, 1911, at 11 o'clock si a. mn., in the cffice of the Probate fr Judge for Newberry county, S. C., I C will make a final settlement of the C guardianship estates of George R. D Koon, Mattie Koon, Mary Koon and cc David Koon, and immediately there- as after apply for a final discharge as li: such guardian. r MARY F. KOON, is Apri 14 1911. Guardian. of (N A Copyright199byCE 199bl M ANY peopi they desire tion but few attain t not set about accomp an intelligent mannei Few ambitions t p)ished1 BANK A If you do not possess ( ger in taking the firsi T Newberry S~ OF NEWBI JAMES McINTOSH, President. Thirty Years Together. ~ hirty years of association-think f t. How the merit of a good thing iads out in that 'ime-or the worth ~sness of a badl one. So the.re's no e sswork in this evidence of Thos. .ss, Concord, Mich., who writes: b.have used Dr. King's New Discov yfor 30 years, and its the best ogh and cold cure I ever used." 9 Ine it finds entrance :in a home you f a't pry it out. Many families have sd it forty years. It's the most in ~ible throat and lung medicine on th. Unequaled for lagrippe, asth ahay-fever, croup, quinsy or sore gs. Price 50c, $1.00. Trial bottle ~e. Guaranteed by Win. E. Pelham HIC ESER PILS. 1001: y~ear nwnes.t, aflways 'Riale -- OLD BY ORUCISISTS EVdERYWH[R , TO DRAW JURY. otice is hereby given tnat on Fri , April 21, we, the undersigned 9 -r commissioners for Newberry auty, S. C., will at 9 o'clock a. in.,e the office of the Clerk of Court, 1eny and publicly araw the names hirty-six men who shall serve as tt jurors at the court of common es which will convene May 8, 1911. f Jno. L. Epps, 9m e Eug. S. Werts, Jno. C. Goggans, ry Commissioners for N&wherry un Cunty. 4-11-td.! If I Had Eczema 'P 1 1 1 wash it away with that mild, D1 ohing liquid, D. D. D. Trial bottle, .Relieves all kinds of skin trouble, eTHE asing away the impurities and ring up the complexion as noth gelse can. es, If I had any kind of skin trou-= P Id Use D. D. D. Gilder & Weeks. ______so much be necess ICE OF ELECTION IN SCHOOL years and bearing DISTRICT No. 14. . ceeding the rate o nconsideration of a sufficiently annum, payable an ed petition from the voters and The said bonds eholders of School District No. 14, the sale thereof, nty of Newberry, State of South funds in hand of c >rlina, known as Prosperity School be applied to the j srict, asking for an election, in ac-. ment of outstandi: rance with an act of the general School District. mbly of the State of South Caro- The election for ,approved on the 14th day-of Feb- above named is he iay, 1911, to decide the question of held at the town he ing coupon bonds to the amount C., in said School I tree thousand dollars ($3000.00) if day of April, 191] /~ %N L Y.. VER Co JE WITHOUT iANK AccouNT 'Zimmerman Co.--No. 38 e see the things in their imagina hem, because they do lishing their desires in oday are accom vithout a CCOUNT >ne, why delay any lon : step toward success? RE vings Bank RRY, S. C. J. E. NOR WOOD, Cashier Lna! China! CHINA ! 'ece White and d Dinner Set -4* pice Haviland 25, ner Set -- -'P* and lOc. China so have a large asssort t of 5c. and lOc. China 'p es'Book Store * OISE OF A THOUSAND THINGS M ary, payable in five Itax receipt being necessary to vote i interest at not ex- jthis election. six per cent. per The following named personis ar nually. o'clock a. m. and closing at 4 o'cloc r the proceeds of p. m. together with any A .registration certificate and pol ounty treasurer, to hereby-appointed to conduct said elec ayment and retire- ftion: E.'W. Werts, W. T. Gibsonau g bonds of said M. H. Boozer. All voters in, favoro new bonds vote "yes" agaist .new the said purpose bonds vote "no." reby ordered to be Geo. Y. Hunter, .1 in Prosperity, S. J. L Wise, ietrict, on the 18th R. T. Pugh, ,beginning at 8 JTrustees of School District No.14