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GARLINGTON AND YOUNG LO . It .-.- s Seminole Offlers to Prison Says Su- r preme Curt.-Both Out on I ,Bond. r Columbia, Nov. 13.-Rejecting the f allegations of error in the trial in the r lower court, the South Carolina su- t preme court this afternoon, in an opin- c ion by Chief Justice Jones, affirms the C judgment of the Richland county cir- t cuit court, in November, 1910, when' John Y. Garlington and James Stobo L Young were convicted o. a charge of t breach of trust, as officers of the Sem- t inole Securities company, and sen tenced to serve three years and one year, respectively, on the public works ( or in the State penitentiary. E Convicted on One Count. Garlington was president and Young t secretary and treasurer of the com- ! pany. They were brought to trial in i the Richland court on an indictn-ent I embracing five counts, including r Charges of conspiracy, breach of trust: with fraudulent intention, and grand c larcency. They were found guilty by c the jury on the fourth count-. only.: which charges "a breach of trust by the said defendants, by the conver sion to their own use of the sum of f $55,596 in money of the property. of the Seminole Securities company, in- t trusted to the defendants and convert- t ed to their own use with fraudulent in- i tention." In Chicago--Notified. Garlington and Young are both from C Laurens, and are under $5,000 bond each for their appearance. The bonds men are a nber of men- in this city and Laurens,/it is understood. It is stated here tonight' that the_men are now in Chicago, but they will be com nunicated with at once, and are ex pected to arrive in the immediate fu re 1 commen,e serving their sen ;The court dissusses in full the va rious exceptions in which error to the lower court is imputed and upon which the appeal is based. . Their Case Not Injured. Among these exceptions, to assign error in the admission of testimony as to the value of the stock of the Caro * lina Agency company at a time sub sequent to the transfer of such stock by the defendant, Garlington, to the Seminole company, the court holds' that even assuming this evidence to have been immaterial and irrelevant, no .showing Is made that the defend ants were prejudiced thereby.. -Four exceptions seek to present the question as to whether there was er ror in refusing to entertain a motion made by the defendants, at the con clusion of the evidence for the State, for the direction of a verdict for ac quittal.1 ildt siIIng by thle circuit 3iudge was followed by a statement by the defence that they would offer no festimnony; I that thereupon the motion for a di rected verdict was renewed, fully ar gued, and refused, following which the judge ruled that he would allow the defense to introduce testimony, should they so desire. Taking this course as. as whole, the supreme court does not hold that there was any error. Three of the exceptions, imputing error, related to the i1ght of opening and reply in arguments before the jury. Matters of detail as to order of arguments, says the opinion, are oir dinarily to be left to the sound discre tion of the presiding judge and "there Is no complaint here of any abuse of' discretion in this particular." Their Rights Safeguarded. 'There is no ground for contending, comments the opinion, "that any sub - sta.ntial right of the defendants in the matter of argument was either abridg ed or denied them." "When the charge of the presiding judge is considered as a whole," con tinues the opinion, "it will be found1 free from in any of the particulars to which reference is made in the re maining exceptions. For Jury to Decide. "The weight to be given to any evi '3 dence in the case being entirely a mat ter for determination by the jury, the! presiding judge committed no error in refusing to charge the jury, as re quested by the defendants, that on a prosecution. for larceny, a strong pre sumption. arises that there was no fel onious intent, if the taking was open *and notorious and that if there was' *no subsequent attempt to conceal the property and no denial, but avowal of the taking, this presumption must be repelled by clear and convineing evi-I dence." Will Garlington and Young Appeal to Blease? Oolumbia, Nov. 14.--The decision of the supfremle court, which affirmed the xvadidtl of the Richland county court, of November, 1910, that John Y. Gar lingLon and James Stobo Young were , guilt of brea.ch of L.rust, as officers of be Seminole Securities company, and entences of three years and one year, espectively, on the public works of tichland county or in the penitentiary, aust stand, leaves an appeal to Gov rnor Blease the only other resort left or Messrs. Garlington and Young, for nless executive clemency is invoked hey must commence serving their entences. They are said to be in 'hicago at present, but it is stated hat they will be communicated with t once and are expected to arrive in he city for consultation with their at orneys as. to what further steps are o be taken. Basis of Conviction. The indictment and conviction of 1rlington and Young followed the xposure of the Seminole Securities ompany and was a case of intense in N erest to all the State, for the people a every section had purchased stock n tls company, so it is stated. Gar ington was president and Young sec etary and treasurer of the company, oth being directors. They were tried n five counts in the Richland county ourt on an indictment embracinc herges. of conspiracy, breach of trust ith frandhulent intent'on. and gr:n arceny. On only on count were they ound guilty by the .jury, the fourth, hich charged "a breach of trust bY he said defendants by the conversion o their own use of the sum of $55,596 a money of the property of the Semi ole Securities company, entrusted to he defendants and converted to their wn use with fraudulent intention." Th:e arrival of these men and the urther steps in the case will be await d with much interest. YOUR DRUGGIST STOPS THAT ITCH If you are suffering from Eczema, Psoriasis or any other kind of skin trouble, drop into our store for in stant relief. We will guarantee you to stop that itch in two second". A 25c trial bottle will prove it. We have sold other remedies for skin troubles,. but none that we. could recommend more higbly than the well known compound of Oil of Winter green, Thymol and a few other in gredients that have wrought such won derful cures all over the country. This compound, known as D. D. D. Prescription, will cool and he. the Itchy, burning skin as nothing else can. Get a regular bottle and see-on our no-pay offer. Now is the time to subscribe tc he Herald and News. TAX NATICE-TOfWN OF SILVER STREET. Notice is hereby giv'en that the taxes Lue for the year~ 1911 in the Town ol ilverstreet, S. C., will be due and payable at the office of the Clerk and 'reasurer of the Town of Silverstreel roni November 1 to November 30, 911. After the 30th day of November, 911, the penalty provided by law will edded. B. K. Havird, on T. Coleman, / Intendant. Clerk and Treasurer. .LIC ROADS. The law requires six days' work o! he public roads during the year. All ~verseerys who have not worked theb ull time must do so by December 1. L. L. Feagle, .1-14-St. County Supervisor. LODGE DIRECT0EY. Woodmen of the World. Maple Camp, No. 437, W. 0. W. neets every first and third Wednes. lay eveLing at 7.45 o'clock. Tiit, ng brethren are cordially welcome. D. D. Darby, Clerk. T. Burton, C. C. Newberry Camp, No. 542. W. 0. W. eets every second and fourth Wed esday night in Klettner's Hall, al o'clock. 0. 0. Smith, C. C. . 3. Hitt, Clerk. Amity Lodge, NJo. 87, A. F. L. Amity Lodge, No. 87, A. F. U. neets every first Monday night at elocr in Masonic Hall. Visiting brethren cordially invited Geo. S. Mower, W. M. J. W. Earhardt, Sec. Signet Chapter, No. 18, II. A. L. Signet Chapter, No. 18, R. A. M. neets every second Monday night a& o'cloek in Masonic Hall. Fred. H. Dominick, E. H. P. Harry W. Dominick, Sec. BergeTrbNo. 4, L. R.LM Bergell Tribe, No. 24, I. 0. R. M neets every other Thur~sday night a o'clock at K(lettner's Hall. 0. Klettner, dI. R. J. H. Baxter, Sachem. [ateece Council, No. 4, D. of F. Meets every Tues3day night at /clock. -- r.u.ac.:. R . C I "IteAi! Well" writes Mrs. L R. Barker, of Bud, Ky., "and can do all my housework. For years I suffered with such pains, I could scarcely stand on my feet After three different doctors had failed to help me, I gave Cardui a trial. Now, I feel like a new woman." E.58 AI M Take The Woman's Tonic A woman's health de pends so much upon her delicate organs, that the least trouble there affects her whole system. It is the little things that count, in a woman's life and health. If you suffer from any of the aches and pains, due to womanly weakness, take Cardui at. once, and avoid more seri ous troubles. We urge you to try it. Begin today. Now is the time to subscAbe to The Herald, and News. Indigestion -means lack of nourishment and consequsent loss of weight and strength. Irritableness, nervousness, total unfitness for tle duties of life. Don't be handicapped-go to your druggist today and ask for -2-the successful, harmless, quick relief giving remedy for stomach troubles. Its merit has been posi tively established ''Your money back if you want it," Little tab lets easy to swallow. Try Digestit at our risk, 50c at all druggists. Or if you doubt write The Digestit Co., Jackson, Miss., for a full size package without charge.. Sold in Nlewberry by 'I GILDERk&WEEKS. Notice is hei-eby given that q meet ing of the citizens of the town of New berry is hereby called to be heid in the council chamber on Monday, No vember 6, 1911, at 8 o'clock p. in., to consider the ~plans for the nomination of Mayor and Aldermen for the town of Newberry, and any other matters that may properly come before the meeting. 0. B. Mayer, E. H. Aull, Chairman Secretary. Trespass Notice. All persons are hereby forbidden to trespass by hunting or .permitting trespass by hunting upon the lands of the undersigned. B.2~gtn - L. V. Livingston. Q. M. Kinard.. D. A. Kinard. W. B. Kinard. 10-31-3t.I NOTICE OF FINAL SETTLEMENT. Notice is hereby given that the un drsigned will make a final settle ment of the estate of Mary Manerva Humbert, deceased, in the office of the Judge of Probate for Newberry Coun ty, S. C., on the 28th day of November, 1911, at 11 o'clock a. in., and will im mediately thereafter apply for a dis charge as such Executors. John M. Kinard anid James P. Kinard, Executors of the last will and testa ment of Mary 1Manerva Humnbert,, deceased. October 19, 1911. SALE OF PEESONAL PROPERTY. We will sell at the late residence of Jo. M. Schumupert, deceased, on1 Thursday, Novemiber 9, 1911, to the highest bidder, for cash, the personal property of said deceased. Sale to begin at 10 o'clock. All persons hold ing claims against said deceased will present themn,to the undersigned, duly attestd, on or before that day. I. B. Schu.mpert, L. B. Schumpert, C. B. Schumpart, 'P. A. Schumzpert, 1On27-4 Reat-Law. 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