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TOLUMNE XLIX9, NU-IIER 47. NEWBERRY9 SOUTH CAROIXNA, TUEDY JUE1.11.TIEA-EK 15 ER NOL PROS ENTERED IN CASE AGAINST EVANS ATTORNEY GENERAL ASKED FOR ANOTHER CONTINUANCE. Order of Judge Watts Passed at Last Term of Court Held to be Bind ing. A nolle prosequi was on Monday morning ordered by the court in the case of the State vs. H. H. Evans, charged with accepting a rebate while -a member of the board of directors -of the State dispensary. Judge Gary held that, inasmuch as no appeal had ,been taken by the State from the or -der of Judge Watts, passed at the last term of the court, this order was bind ing. The order of Judge Watts pro vided that the State be precluded from :making a motion for a continuance at -a succeeding term, and in the event that such motion was made, ordered that a nolle prosequi be entered upon the indictment. A nolle prosequi discharges the rec ognizance of the defendant, but does not prevent another bill of indictment beng 'handed out in a case. When asked what would be the future course of the State in regard to the matter, Solicitor Cooper stated on Monday that the whole matter was in the hands of the attorney genera!. When the case' was reached by Judge Gary on the sound of the docket in the sessions court on Monday morn mug, Solicitor Cooper stated that the case was one of those in which At torney General Lyon Lad entire charge of the prosecution, and that he had a letter from the atorney general which -he desired to read to the court. The letter follows: The letter of the attorney general in Tegard to the Evans case, which was -read to the court by the solicitor, was as follows: "Columbia, June 6, 1911. "Hon. R. A. Cooper, solicitor, Laur .as, S. C.-Dear Sir: The next term ,of the court of general sessions will -convene at Newberry on Monday, the '12th inst., and it is probable that H. H)II. Evans will demand trial of his case at that time. If such demand should be made I will ask that you say to the court that the State was unable to proceed to try this case at the last term on account -of the death of G. H. Charles, who was a material witness * for the prosecution, and that the State *has not been able so far to supply the evidence of which it was deprived 'by reason of the death of Mr. Charles. In addition to the above, I do not think it wise to undertake the trial of this case at this time. but that it would be for the best interest of the State and for the vindication of the law to have it further continued. Nevertheless, I r ecognize the right of the accused to a speedy trial, and regret that the State is not at this time in a position to dispose of the case. "However, if the presiding judge should not concur in the views herein expressed, and shall order the case to trial, I will ask that you enter a nolle pros-equi on the indictment. "Yours very truly, "J. Fraser Lyon. - "Attorney General." Eugene S. Blease, Esq~, representing ~Mr. Evans, demanded a trial of the case or that a nol pros be entered. "The defendant," he said. "is in the same position that he has been for three terms of the court-ready and anxious for a trial of this case. It has beeti continued by the State at ~each of the three terms that it has been on the docket. in the face of vigorous protest, in each instance, on the part of the defendant. And at the last term of court Judge Watts con tinued the case and passed this or der: "This case having been called, and the solicitor having made a mo tion for the continuar:ce thereof un til the next term of court, and it ap pearing that the defendant at the June and November. 1910. terms of the court, demanded a trial, and athat he has again at this term of the court demanded trial, it is therefore ordered and adjudged that the cause be continued until the next regular term of this court, and it is further orderry.i that the State be precluded at any future term of this court from and in the event that such a motion is made. that a nolle prosequi be en tered upon the indictment, and the de fendant be discharged." The solicitor contended that he did not think that a presiding judge at one term of the court could pass an order to preclude another judge at a subsequent term from passing any or der he might see fit. He thought that the order was ultra vires-that it was beyond the power of the judge tc make such an order. Judge Gary held that the order, not having been appealed from, became binding. He said he had no hesitation in saying that if the order had been -ppealed from, he doubted if the pow er of the circuit judge could go so far, "but," 4he said, "we are. in this posi tion here, that one circuit judge can not reverse another, and the supreme court being the only tribunal that bould reverse this order, it is binding on this court." Judge Gary signed the following or der entering a nolle prosequi: "At the last term of this court an order containing the followigg pro vision was passed by the presiding judge: "And it is further ordered that the State be precluded, at any future term of this court,' from making a motion for a continuance, and in the event that such motion is made, that a noll-e prosequi be entered upon the indict ment and the defendant be discharg ed." "The State, at this term, makes ana other motion for a continuance. "There was no appeal from the for mer order to the supreme court, but, on the contrary, the State having ac quiesced in the same, and that order is therefore the judgment of this court "It is therefore ordered that the mo tion for a continuance be refused, and that a nolle prosequi be entered on said indictment. "It is further ordered that the de fendant and his recognizance be dis charged, and he be allowed to go hence without day. "Ernest Gary, "Presiding Judge. "June 12, 1911." Great Disposal Sale. R. H. Anderson & Company will in augurate on Saturday, June 17, a great disposal sale of dry gobds, shoes and clothing, and they propose a dispose of this stock within 13 days How They Can llelp.. At a meeting of the Chautauqua as sociation held a few days ago, every member was urged to show his ap preciation and willingness to 'elp by personally purchasing or selling at least five tickets. The response to this appeal has been most gratifying, and yet there are a good many tickets to be sold. Just a little effort and a little interest and all the tickets will be taken before the end of the week. Do not wait until they are all gone for you will then be sorry that you did not purchase your tioket in time. Mr. Dominick in New York. A letter from Mr. J. Claude Domin ick encloses a copy of the menu card of the Interstate Cottonseed Crushers' association banquet in New York, which was attended by those on the Dress trip, including Mr. Dominick. The banquet was an elaborate affair, among the postprandial speakers be ing President Taft and Mr. B. F. Tay lor. of Columbia. president of the as sociation. Mr. Dominick writes that all on the trip are having a fine time and are enjoying themselves very much. Cut It Out. If the theory that pellagra comes from corn and its products is cor rect, and it is substantiated by long observation, the drinkers of low grade corn whiskey will do well to pause. It is claimed upon good authority 'that corn whiskey distilled from spoiled corn is one of the most prolific sour ces of this fearful disease. Blind tig er corn whiskey is bound to be dan gerous. It is just through this chan nel that the meanest of it would find a Imarket. The alarming increase of the cases of pellagra should cause serious thought, especially upon the part of SEVERANCE REFUSED IN BOOZER AND HIPP CASE CASE IS FIXED FOR TRIAL TUES DAY MORNING. Other Matters Before the General Ses sions Court. Judge Ernest Gary Presiding. The summer term of the general sessions court for Newberry county convened on Monday morning, Judge Ernest Gary, of Columbia, presiding, and Solocitor R. A. Cooper at hs ac customed place of duty. There were a number of cases on the docket brought over fro(n previous terms of court, and several indictments v%ere handed out by the solicitor on Mon day morning Juz- Gary s.ted to th. grat'l jury -that, as this was the second term of the year, and as they had been fully charged at - tho preceding term, he would not charge the magain as to their general duties, but only hand them the bills of indictment. The intention of the solicitor was to clear the jail :irst, and at this, the summer term, to take up only such cases where the defendants were out on bond in which the State's interests would suffer by a continuance. This custom has been generally observed by the solicitor at the summer terms of court, and its wisdom has been Ishow n. -- -.a - The case against Charles H. Counts, of Pomaria, charged with violation of the dispensary,, law, in which there was a mistrial at the last term of court, was continued. - In the case against H. H. Evans, charged with accepting a rebate, a nol pros was ordered by the court on the grounds stated elsewhere in this issue of The Herald and News. At order was passed by the court to have Mose Williams, colored, examin ed as to his sanity. It will be recall ed that Williams killed his wife on Mr. John Harmon's place, in the lower Broad river section of the county, re cently. Motion for Severance. When the case of the State vs. Samu Boozer and Jno. C. Hipp, charged with murder mn connection with the killing of James-S. Gilliam, was called, So%i citor Cooper announced that the State would be ready for a trial at this term. Col. George Johnstone, of counsel for Mr. Hipp, gave notice of a motion for a s-everance, the effect of which, if granted, would be to give separate trials to the two defendants. Boozer, who has been in the State penitentiary for safe-keeping, was brought to Newberry by Sheriff Bu ford on Monday morning. True Bills Returned. The grand jury on Monday morning returned the following true bills: State vs. Fact James, chargted with murder. State vs. Jim Workman, Eph Wil liams and Virge Williams, charged with murder. This is the case arising out of the recent killing of Henry Baxter, colored, at Rocky Zion church. Mose Williams Insane. The commission of doctors appoint ed to examine Mose Williams, charg ed with murder in the killing of his wife, reported on Monday afternool that in their opinion Williams was in sane, and was insane at the time oj the killing of his wife. Under this statement of the doctors, Williams will be committed to the State Hospital fo: *the Insane. No Severance in Hipp and Boozer Cast Judge Gary overruled the motiol for a severance in the case of the Stati vs. Sam Boozer and John C. Hipp charged with murder in the killing o James S. Gilliam by Boozer on Mr Hipp's Old Town plantation in th spring of this year. The motion wa made by Messrs. Johnstone & Cromel representing Mr. Hipp. Solicito Cooper urged that th.e State's testi mony in the case would be practicall: the same against both defendants, an< that a severance would simply meal the trying of one case twice. Mr Hipp's attorneys urged that Mr. Hip was a man who had stood well in th community. and that it would be humiliation to try him along wit] Boozer. unless the interests of justic urgently demanded it. and they con tended that this wa not the case They further contended that Mr. Hipp might need Boozer as a witness and if the two were tried together Mr. Hipp would be deprived of Boozer's testimony for the reason' that a de fendant could not force a co-defend ant to testify. After hearing the argu ments Judge Gary overruled the mo tion. The State announced ready for trial. Mr. G. G. Sale, representing Boozer, announced ready. Messrs. Johnstone & Cromer stated that sever al of their witnesses did not answer and asked for bench warrants for them. Mr. Sale stated that Boozer was expecting to avail himself of the testimony of these absent witnesses, and was as much interested in secur ing their testimony as was Mr. Hipp, and had not subpoenaed them because they had been subpoenaed by the at torneys representing Mr. Hipp, and he joined in the request for the bench warrants. The bench warrants were issued f#r these witnesses. The de fence asked that the case go over un til Tuesday morning in order to give time to get these witnesses here. Un der this showing the case was post poned until this (Tuesday) morning. KOLLOHON DEFEATS WATTS Snappy Game on the Kolohon Dia mond on Saturday Afternoon. Scoge 2 to 1. In a game characterized by fast fielding and, heavy batting for tho lo cals, the Mollohon team defeated the heretofore-undefeated Watts mill team, of Laurens, on the Mollohon diamond Saturday afternoon, the score being 2 to 1. The game was anybody's until the eighth, when Boozer, by a long drive to left for two bags, scored Wicker, and decided the game for the lucals. Watts Mill scored their onlyI run in the third inning. The locals passed one man over the plate In the fifth, ty ing the score and making uncertain t, - asult, until Boozer's timely rap over short in the eighth. Harper, for Mollohon, pitched a great game, striking out seven of the visitors, and allowing only four hits. Hill saved the game for the locals by a sensational catch of a long fly to centre in the ninth. The heavy hitting of the ,Mollo.hon team was a featur-e, five of the eight hits secured being for two bags. Score: R H E Mollohon. . .000 010 010-2 8 1 Watts Mill.. . .001 000 000-1 4 0 Batteries: Harper and Morse; Mc Abee and Nesbitt. Struck out: Harper 7; McAbee 4. Base on balls: Off Harper 1; Mc IAbee 4. Left on bases: Mollohon 3; Watts Mill 2. IEarned runs: Mollohon 2. Time of game, 1.30. ~The Mollohon team will go to Clinton on Saturday, where they will cross bats with the Clinton Cotton mill team. On the 19th inst. they will meet the fast Newberry college team 3:a . BN FINE CATTLE. r C The Kind of Farming That Pays-- i Cattle, Hogs, Hay Crops and i Then Cotton. Mr. L. W. Floyd has been doing I some good farming on his place in No. 6 township. By that we mean to say that he has been improving his stock, I vw ... , giving special attention to -the rais ing of fine cattle and hogs. TTiis means that he is diversifying his farm ing and growing, such produce -that is ] necessary to maintain Cattle and bogs. It does not mean that he has abandon ed the growing of cotton, but he is doing what every farmer in Newber on the college diamond. This will be one of the added features of "Home Coming Week." NEWBERY COOLEGE LYCEUM. Program for Next Season Announced. A Splendid and Attractive Course Arranged. The management of the Newberry lyceum course wishes to announce to the people of Newberry that a splen did course has been secured for the season 1911-1912. It is as follows: Dr. Byron W. King, who was with us last season; The Ca ferelli Concert party; Dr. Geo. P. Bible, humorous lecturer; The Phil adelphia Opera and Concert party; The Great Skovgaard Concert party; The Toronto Male Quartette. This is a course of high merit. Further an nouncements will be made at the prop er time. Still Another Sunday Marriage. On Sunday, June 4, at the home ofI the bride near Springhill, Mr. J. J Hipp and Miss Sallie Eargle were married. They will be at home in Or angeburg. Capt. Dickert and Family Visit New berr). Union Progress, 9th. Capt. J. R. Dickert and family went over to Newberry Tuesday in their touring car to attend commencement week. Capt. Dickert and family en joyed the occasion very much and on their return came by Capt. Dick0rt's plantation in Newberry county. TlieZ S.-...... . . . ***x. ; A...T.T..A..OR.A.T y county silould ao, growing Lusy. rops, corn and wheat, which makes t possible and profitable for him to Tow cattle. He realizes too that it osts no more to maintain and keep ,ood cattle and fine hogs than it does koor ones. He has now Poll-Durham cattlel vhich means short horns, and that neans that the horns have been bred f. He has about 25 or 30 of these fine. attle and they are in fine condition.A le also has quite a number of fine logs. The Herald and News presents in. his connection a snap shot of a por ion of his herd of cattle at one of his )arns. aine, report that the crops in that section re in excellent condition, that they ad had a good deal of rain in that Oeo ion and everything was in good shape. Prosperity Circuit Quarterly Conferi onee. The third quarterly conference of the Prosperity circuit will be held at Zion church Saturday, June 17, 1911. Preaching Saturday at 11 a. m. and Sunday at 11 a. m., by Rev. J. C. Roper, P. E. Cokesbury district. A full at tendance is requested at these ser- A vices. S. C. Morris, P. C. Notice to 15aracas. The business meeting of the Baraca class of the first Baptist church will be held Friday afternoon, June 16, the date being changed from Tuesday on account of Chautauqua and Home Coming week. At this meeting there will be an election of officers for the remainder of the year. Refreshments will be served. We hope every mem ber will be present Remember the date, June 16. at the home of Mr. and Mrs. 3. H. West, 8.30 o'clock. A. F. Lambright; Press Reporter . Baseball is a fresh air, healthful aM interesting sport for players and spec tators. It sets the red blood going ind livens up people. That is the rea on it is great. A town that doesn't support baseball needs some ginger under it.-Wilmington Star. That is a snappy femark and we sneeze from at pinch of snuff you have just tak 1 ..' A WEEK.