Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

VOLUME XLIX, NUMBER 48. NEWBERRY, SOUTH CAROLINA, FRIDAY, JUNE 16, 1911. .....ve....r.. I .hin rde Sam Boozer( Jno. C. DEATH SENTENCE WAS PRONOUNCED ON BOOZE TRIAL FOR MUEDER IN KILLINI OF JAMES S. GILLIAM. Motion For New Trial For Booze .Next Week.-Boozer Sentenced To Hang August 18. "Guilty" as to Sam Boozer, "Nt Guilty" as to John C. Hipp, was th verdict returned at 6.10 o'clock o Wednesday afternoon in the case c the State vs. Sam Boozer and John < Hipp, charged with murder in the kil ing, by Boozer of Mr. James S. Gi liam, Mr. Hipp's overseer' on M Hipp's Old Town plantation, on th afternoon of March 3, of this year. The judge's charge was conclude t 5.20 o'clock, and the verdict wa ,eturned just fifty minutes later. G. G. Sale, Esq., gave notice of motion for a r ew trial, on behalf x Bc ozcr, and by consent of couns- tb motion will be heard by Judge Gar during the sessions court at LaureE next week. In the event the motion. refused, an appeal can be carried I the supreme court, or clemenc sought from the governor. An appe to the supreme court would stay t2 execution of the sentence until the d< cision by the supreme court. Judge Gary sentenced Boozer to I hanged on the third Friday in Augu the 18th. ames S. Gilliam was killed in ti back yard of his home near Old To on Friday afternoon, March 3, by Sa: Boozer, a hand on the place, the we. pon used being a shot gun, the lo* entering the back of the head. Boo er and other hands had been in Nei berry that day procuring ration While they were here Mr. Gilliam hc a difficulty with two .negro women c the place-Clayton Boozer, the wife Sam, and Maybelle Rook, his daug1 ter. Word was' received by Mr. He -of trouble on the plantation, and \z and Sam Boozer and Sam's brothe Amos, went back to the plantation < the Southerii passing Newberry 2.48 o'clock, the other hands returnir in the wagon and buggy, in which a 'the ha.nds had come to town th; ~morning. Late that afternoon Boozi killed Mr. Gilliam. Boozer, after being pursued 1 :posses, surrendered in Greenwo< county, and was taken to the Sta penitentiary for safekeeping. A litt later Mr. Hipp was charged with ha ing procured a gun and encouragt Boozer to commit the deed. At the list term of the court G. 1Sale ,Esq., was appointed by the cou to represent Boozer. who was witho counsel. H4pp was represented 1 Johnstone & Cromer. and Solicitor A. Cooper was assisted in the pros cution by Eugene. S. Blease, Esq. that term of court the case was co tinued on -account of the illness Attorney Sale, and Boozer was tak~ ba1ck to the, penitentiary .for staf - keeping. He was brought back Newberry on Monday morning. FC lowing the death sentence, he was 4 Thursday morning taken back1 Sheriff Buford to the penitentiary f safekeeping, the sheriff acting und instructions from the governor. Mr. Hipp was granted bail imme jately after his arrest and gave bor . The trial began on Tuesd'ay mor .4ng. The court house was crowd throughout the two days the case co tinued, the interest being intense. 4 The testimony was concluded *Wednesday morning. A synopsis the testimony is given below. T arguments of counsel were among t fablest ever heard in the Newber court house. Dr. George B. Crom opened the argument for the defe edAant Hipp, and was followed by E gene S. Blease, Esq., for the Sta G. G. Sale. Esq., then presented t pase to the jury for Boozer, and 'w followed by George Johnstone, Es Solicitor Cooper closed. Judge Ernest Gary delivered an e ceptionally clear and full charge. 'The last death sentence passed onvicted; Hipp Acquitted sentence .pronounced upon Boozer on Wednesday afternoon was passed by Judge Gary at the last term of ses sions court he held in Newberry, in the fall of 1907, when he sentenced a negro to death for arson. A newh trial on atfer-discovered evidence was suibsequently granted in this case, a3 r the negro is now serving a life sen tence. Should there be no interference I with the death sentence passed upon a t Boozer, his execution will be the first e legal execution in Newberry county a in fourteen years. The last hanging f was the execution of Tony Lyles, for criminal assault, on August 20. 1897, i the first year Sheriff Buford held the 4 - office of sheriff. Boozer is a negro between 30 and e t35 years of age. He has lived with Mr. Hipp praotically all his life. His I d old mother is still living near Dyson, s in Greenwood county. Boozer was not placed on the stand as a w:tness in the case. I The Testimony. - e A mass of testimony was taken In Y the case, a synopsis of which is given S herewith: sl T. B. Sanders. 0! The first witness introduced by the I State was Mr. T. R. Sanders, who liv ,l ed about a half mile from Mr. Gil e liam's home. He said he went to the Gilliam home as soon as he heard of the killing, on the evening of March e 3, and found Mr. Gilliam's dead body t, lying in the yard. The load from the shot gun, he said had entered the bacJi e of the head and back of the neck. He said he saw where some of the shot n went in the housefi jand, from the size of the hole he judged the shot to be d No. 3's or 4's. J. W. White. Mr. J. W. White, who is engaged in s. the sale of guns, among other things, A in the city of Newberry, testified that ,n just after he returned to the store, )f from dinner, on the afternoon of March 3, at about a quVrter past two o'clock p or ten minutes past two-somewhere e near that time-Mr. J. C.. Hipp came in r, the store and traded a single-barrel-ed n shot gun for a double-barreled gun, ut agreeing to pay ten dollars difference, g and told Mr. White to wrap it up and 11 lay it on the counter, that he would Sbe back for it directly. He said Mr. r Hipp asked him what kind of shot it would shoot, whereupon witness Stold him it depended upon what he wanted to shoot. "Well, birds," re e plied Mr. Hipp, said the witness, and e Mr. W?aite told him Ts or 8's was what he wanted for birds. He said that some ten. fifteen or twenty minutes later, while 'he was in the back part of the store, with his back to the front' rt door, some one-he didn't look up to isee who it was-came to the store and Ssaid. "I want my gun." Witness said, "Just take' it." and the person .askedI him, "Won't you- wrap it up?"\ Mr. Lt Hipp said Mr. B. F. Melt on was stand ing near him in the store, and he ask- . oed him to wrap up the gun, which he did, and the party left without Mr. White having seen who it was. He said Mr. Hipp didn't buy any shells from him. nOn cross-examination Mr. White ~y said he had sold Mr. Hipp five or six r guns in the course of a few years, and r his recollection was he had sold him three at once on one occasion. In re d ply to a question, he said Mr. Hipp d. had several boys, but most of the 1guns he had sold him were for his 4hired hands. B. F. Melton. Mr. B. F. Melton, who was working min Mr. White's store oin March 3. said of! that on that day. shortly after Mr. ieWhite came from dinner, at about 2.20 1e Sam Boozer walked in Mr. White's y. store first and stopped somewhere er near the door, and Mr. HIpp walked ain and told Mr. White he would get 2. his gun, and Mr. Wihite told him to e. take it, and Mr. Hipp said he wanted ieit wrapped up, and Mr. White told wit as ness to go up there and wrap up the . gun for him. Witness said! Mr. Hipp' unbreeced the gun -laid it do wn on xthe counter and told me to wrap it up good. I told him all right and he in walked out the door. .Sam Boozer th waited until I wrapped the grun up. .nd he taken it." Witness said he vrapped the gun up in some show ad -ertising paper that Mr. White had ought from the depot to use as wrap )ing paper. He said while he was vrapping up the gun Sam Boozer ask d him if it was a good one. and wit tess told him it was. "He said he vanted a good- one." said witness, 'and after I wrapped the gun up there vas something said about nobody vouldn't know what it was. I told tim not without unwrapping it. He aid it didn't make any difference vhether it was wrapped up or not. le said Sam Boozer did not tell him )os.itively whose gun i, was, but "he aid he needed a good gun." Witness aid both barrels of the gun were ,hoke-barrels, and he told Boozer it vas a close-shooting gun, and was not L good gun for birds, or anything like hat. The witness said a piece of pap r which was presented to him looked ike some of the same kind of paper in which the gun was wrapped This nent of a show, was introducedETAJ iece of paper, a bill-board advertise nent of a show, was introduced in vidence. The defence, on cross-ex tmination directed its questions to vards showing that bill-board advew isements of shows cou*d be found all ver the county at any tim4 J. W. White, Recalled. Mr. J. W. White, recalled, testified hat at the time the gun was bought ie had paper in his istore of the kind which had been introduced in evi lence, having bought it at a sale at :be C., N. & L. depot to use for wrap ;ing paper. On cross-examination, he -aid the paper was used for wrapping ip packages for anybody and every body, and that such paper could be ound'%posted up all along the streets Af the city, and all over the county. Frank C. Sligh. Mr. Frank C. Sligh, clerk in the store of the Newberry Hardware :ompany, stated tM' kt on the third day Af March he sold Mr. Hipp a box of Winchester shells loaded with Nu black powder and No. 4 shot. He said Mr. Hipp *,sked for large shot and he sC)ld him No. 4's in accordance with th.is request He sii its recollection was that Mr. Hipp told him he wanted to shoot hawks, or something like that. He fixed the time of this trans action as "just before the 2.48 train came up from Columbia." He said Mr. iHipp told him he was in a hurry, he had to go to his place of business, anid he wanted to catch tbhat train. Wit ness was presented with an empty shell, which he testiteo. was the same make of shell as that which he had sold Mr. :Hlpp. He wa.la1 not tell the number of the shot which had been in the empty shell, the number being on the wadding which was fired with the load. On cross-examination, witness testified the Winchester was a; stand ard shell, but he diu no,: Know how long Nublack powder had been on the market or how generally it had been sold. He said he had never seen Mr. Hip]) when he was not in a hurry. D. C. Spearmuan. Mr. D. C. Spearman, who lives on the Hagood place, in Saluda county, testified that he came to Newberry or the third of March and went back on the 2.48 train. He said he saw Mr Hipp. Sam Boozer and Amos Boozer get off the train at Old Town, and one of the negroes had a bur die which was wrapped up. On cross-er~amina tion he said be had two or three bun dIes himself, and one of them he threw out ojf the train to a negro 'rt Helens to be taken to his wife. He said the train slowed up at Helena, but he was positive it didn't stop "to a flead-stand still.." He said 'he could not describe the bundle which he saw the negr( get off with at Old 'Town. .Robert Gilliam.' Robert Gilliam. the eldest child o: the deceased, a lad of ten years o: age, was next placed on the stand by the State. He told of the hands com ing to Newberry in a wagon and bug gy on the morning of the day,his fath er was killed. He said that when Mr Hinp came to the Gilliamn home tha' afternoon "he come in there where manma and grandma was at. and grandma told shim to talk kind to pa~ pa. and he went in there and he seer six shells left on the bureau and he taken and showed them to grandma and grandma put them in the organ.' He said he referred to Mrs. .Johnson (onned on pag two). TO GET CONTROL OF CINCIFIELD ROAD SEABOARD AND CHESAPEAKE & OHIO INVOLVED IN DEAL. Persistent Rumors of Transaction Practically Confirmed on Arrival of Capitalists. The State. Spartanburg, June 12.-The persist ent rumor of the last few months that the Chesapevke & Ohio railwpy was to lease or acquire the Carolina, Clinch field & Ohio railway was practically confirmed. with the amendment that the Seaboard Air Line is also interest ed in the deal, upon the ar.rival in Spartanburg over the Clinchfield Sun day night of a party including Edwin Hawley, Frank A. Vanderlip and Geo. W. Stephens, president; Decatur Ax tell, vice president; Frank Trumbull, chairman of the board, and other di rectors of the Chesapeake & Ohio, and S. D. Warfield, formerly one of the re ceivers of the :Seaboard Air Line. They were accompanied by M. J. Caples, vice president and general manager, and T. H. Phetteplace, general super intendent of the Clinchfield. The party were met at the station by a commit tee of citizens. One of the entertain ing committee mentioned to Mr. Haw ley that it had been rumored that the Chesapeake & Ohio was going to take over the Clinehfield. "That's what we are down here for that's what this trip means," said Mr Hawley. The acquisition of the Clinchfield by the Chesepeake & Ohic will doubtless result in the construc tion in the near future of the exten sion of the Clinchfield from its north ern terminus at Dinte, Va., to a con nection with the Chesapeake & Ohic at Elkhorn City, Ky., from whic: there is a straight run to the Ohic river at Kenova. The contraet~ for the extension which will be about 35 miles long, wac let two 'years ago, but held in abey ance until it could be learned wha was to become of the Clinchfield. Th4 leasing of the Clinehfield by thi Chesapeake & Ohio and the Seaboard will make it the shortest route be tween Chicago and Florida. The Seaboard connects with the ClOinchfield at Bostic. Fear -was ex pressed here that the Seaboard migh divert by way of Charlotte the traffit which otherwise would pass througi Spartanburg. Experienced railroat men said, however, that the conditions were such that this would be inad visable. For one thing it would ha unduly expensive for the Seaboard ti place its line from Bostic to char lotte in such shape as would be neces sary to care for the traffic. Since Geo. L. Carter, builder of thi Clinchfield road, was succeeded in thi presidency several months ago b: Mark W. Potter, it has been suspected that a change in the ownership o management df the road was impend ing. This suspecion was strengthene by the recent inspection t.rips over th line by Northern capitalists. The faci too, that the Chesapeake & Ohio direc tors voted not long ago to issue a vas amount of bonds for the purpose among other things of acquiring oth er lines, lent color to the report tha the road was intersted in the Clinch field. which would give the Chesa peake & Ohio an important Sou.thera outlet. The value of the Clinchfield road t the Chesapeake & Ohio and the Sea board Air Line is that it is by far th shortest rout betwen the Ohio valle: and the South Atlantic States. Th road is only 243 miles long, and th largest town north of Spartanburg i Johnson City, Tenn., which has onl: about 10.000 people, but the Clinch field nas a strategic importance an' taps the rich Virginia coal fields. THE JURY. Those Who Passed on the Evidence il the Boozer and Hipp Mfurder Case. The following was the jury in th Boozer and Hipp murder case: .J. A Burton, foreman; W. F. Suber, J1. C Dunston, Wiarren Epting, G. W. Cow ard, T. L.,Reeder, J. W.. Reagin, J. S Nichols, B. H. Maybin, J. L. Crooks, .1 LindAy-e Bownr, .J I. IS u11m1r. I " C Number of Recommendations as to v County Affairs-Reairs to the f, Jail-Small Pox. To the Hon. Ernest Gary, Presiding t Judge. Sir: In accordance with law we have the honor to herewith submit our presentment for the June term of court. Indictments. This body has passed on all indict ments handed it for its disposition and b has reported Lkereon to the court. t - County Officers. b At the last term of sessions court, a committee was appointed to examine t the books of the different county of ficers and we beg leave to report that a partial examination was made and t so far as we were able to ascertain a found all the books neatly and cor rectly kept. Inasmuch as the fiscal year runs t from July to July, we recommend that . the .examination herefafter be made I the first week in July and report at [the fall term of court. The county officers close their books on June 30th every year and the books are then in a shape that the committee can make a much. more thorough and satisfac tory examination. Jail. At the last term of court, the sup ervisor was ordered to show cause why he had not carried out recom mendations of the grand Jury in re gard to repairing the jail and secur ing new cells.' He reported that he had no funds with which to comply. We recommend that the superv4sor be requested te furnish the Newberry county delegation of the general as sembly .a statement of the cost of cells and repairs and we further rec ommend that the county delegation at the next meeting of general assem bly provide a fund for said purpose. Schools. We have not made a thorough inves tigation of the schools, but so far as we have been able to ascertain froml members of the grand jury from va rious sections of the county, the schools are in excellent shape, with comfortable buildings, and teachers who hold certificates entitling, them to' teach in this county. The average at tendance the -past scholastic year is exceedingly gratifying and there is. less friction than ever before under our present school system. We wish especially to commend the people gen erally of our -county for the interest -being taken in our schools and the education of our young. We find .in looking .over the auditor's books that in some of the school districts' ail t.he polls and dogs have not been return ed. We~ recommend that the trustees of the county look up every poll and dog in their respective districts and report same to the auditor. 'I Court House. SIn our last report we recoitimended that the supervisor have the decayed section of floor and stairway near the front entrance repaired. It has not been done. So, we recommend that same :be attended to at once, or that tsupervisor show cause why it has not been done. County Home. The committee appointed at last term to inspect the county home re Iports the home -well kept, the sanitary condition excellent and inmates satis fied. Owing to the condition of sev eral of the inmates who are invalids and for the health of all the inmates and keeper of home, we recommend that the supervisor place screen doors and windows at the home at once; also paint dwelling and inmates' home. Magistrawis. All magistrates are requested to turn over their books for examination on or before next meeting of court. IRoad Inspectors. Inspectors for townships Nos. 2, 3, 4, 5, 6, 8, 9, 10 have filed their reports with th-e grand jury. We recommend that these reports be referred to the supervisor with request that he give them his attention at once. We file the reports herewith. Roadst. The roads in the greater part of the county are in fairly good condition, which is due in a greagt measure to the exceedingly dry winter and spring. The superviso)r ordered overseers to .or thre (ays 1fore May 13, but in omplied with. We shall, therefores, rait until fail term of court to make all report. Bridges. A number of the small bridges in he county needs repairing and would specially recommend that the super isor repair following bridges at once: ong bridge at Chappells; steel bridge ver Duncan Creek; bridge over Gil er's creek, just beyond Dr R. C. Car isle's; bridge over Beaver Dam, near itopiaJ approach to the Werber ridge; steel bridge over Saluda river, elow Prosperity; the flat at Mo Teary's ferry and that the Lewie ranch be. ditched from the road to he river. Small Pox. It is reported to this body that herl are quite a,number of cases of mall pox in the upper part of the ounty. We recbimbnd t'at te pro; er officials be instructed to quaran ine said' patients, Teport same to the ;tate board of health and use every >recaution to prevent its soreading. Indictments. We fnd much valuable time is taken t every court trying to get witnesse n hand. We believe much of this can a remied by the magistrates hand ng all papers to the solicitor at least en days before the sessions of court. We, therefore, recommend that the :lerk be instructed to notify all'mag strates fifteen days before court to ient all papers to solicitor at least ten lay i before court as required by law. We wish to extend oui hearty thanks :o H!s Honor, Judge Ernest Gary, So icitor R. A. Cooper, and others, for ourtesies shown this body. We recommend that tie clerk be aid his usual fee of five dollars. Respectfully submitted, - R. C. Counts, Foreman. rO REOPEN CASE OF CAROLINA GLASS CO. [Mder Obtained From Supreme Court Monday by Company-$21,900 Due for Goods Sold. Columbia, June 12.-The Carolina -ass company of this city this after ioon obtained from the supreme - :ort an order requiring the dispen ary commission to show cause on June 16 why it should not be manda Enused to hear and determine upon merit, the case of the Carolina Glass 3mpany in conncLtion with the old tate dispensary and the 'taking over af the $21,900 from the county dis peisaries ny- the old dis;pensary c3m nission, this amount being duie the lass company for goods sold the :ounty dispensaries. The members of the dispensary :ommission are named in the rule to show cause as follows: James Stack rouse, chairman; John V. Wallace, lhos. F. Brantley, Fred H. Dominick and B. F. Kelley. Lyles and Lyles. John T. Siebels and D. W. Robinson are counsel for the Carolina Glass company. The rule to show cause was signed by Chief Justica Jones this afternoon following the appearance before the court this morning of counsel. The petition of the Carolina Glass company sets out that the consider ing of the claim upon its merits is a ministerial duty of the commission. It is believed that the members of the comission are personally favorable to the Glass Company's petition to have the $121,900 turned over to that con cern, this being the money taken over. from the several county dispensaries by the old commissioners to apply upon an alleged overjudgment which the glass company points out is null and void. But the new commission has twice refused .to re-opren the case after the old comniaion has acted in the matter. The proceedings now brought in court is to cause the supreme court to authorize and direct the commis sion to consider the glass company's petition upon its merits this not hay ing been done as the commission heretofore turned down the petition stating that it would not go into the matter already decided by old comn mission. The glass company does not bring the mandamus proceeding as antagonistic to the new commission, but simply to have the supreme court point out the method of procodure.