The herald and news. (Newberry S.C.) 1903-1937, June 13, 1911, Image 1
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.