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1 VOLUME LI., NUMBER 20. - NEWBERRY, SOUTH CAROLINA, TUESDAY, APRIL 1, 1913. TWICE A WEEK, $U0 A YEAR. i DEFENDS SOLICITOR; Mcprv m ptenoN V 1V1JU11V1 U11V Iiuurv*. S THE WILL MARSHALL CASE AND f OTHER MATTERS. The Course of Solicitor Cooper DefeDded?The Parole System? Xewberrian a Delegate. Special to The Herald and News. J Columbia, March 31.?n is ucan cj I I here to say a word in behalf of SoliLa citor Cooper, ift reply to criticisms of W his course in accepting a consent verI diet in the Will Marshall case, at NewI berry, which criticisms hav-e recently I appeared in the Newberry papers. Dr. I James Mcintosh, in a communication Jin The Herald and News and tne udserver, has seen fit to censure the solicitor, and Mr. R. H. Greneker, in I his afways readable paragraphs in The Herald and News, has commended Dr. Mcintosh upon his communicaW tion. In other art*c1es in the Newv berry newspapers and in the Newber^ ry correspondence of the Columbia State this case was set" over against r the Will Goggans case, in which the! ' defendant was sentenced to pay the death penalty, and by indirection the solicitor was censured. What are the facts in the Will Marshall case? Will Marshall, a negro, m killed two negro women. This killing occurred at Helena just on the eve of court. There was only one eye-witness available, and he was some distance from the parties, in I the night time. The dying declara- j tion of one of the women who was killed indicated that the defendant who did the killing and th-e two negro women were under the influence of whiskey, and, in view of the characW ter of the two women, and all the cirattpndins: the affair, the vuuiobauw^ w solicitor felt satisfied a jury would I recommend the defendant to the mercy of the court, and for that reason only he consented to the verdict. Will Goggans, a negro, was charged with the assassination of a white man. In that case the jury remained in its room Ijor several hours before j reaching a verdict, .and it is under-j V stood that the question which kept SjP them bo long was a difference among * the jury as to whether or not they should recommend Goggans to mercy. f Xo man is perfect, but in the seven and a half years I was officially connected with Solicitor Cooper, and thrown closely with him in the discharge of his duty, if he ever failed to do his whole duty as he saw it 1 did not know it. The position is at j best very trying; it requires ability I and it requires courage, bit I believe 1 Mr. Cooper's record will show that he f has measured up to every requirement. Solicitors are usually charged with being "blood-thirsty," and this charge Solicitor Cooper has not escaped. It is rare that the charge of hpine too merciful is brought against ? - c? them. As matter ot ac% in Us last analysis,' the charge really carries a W compliment, f * * * L It must be very distasteful, to say P the least, even to those upon whom I the law imposes the duty, ^to's-entenee j a man to die, and it is passing strange I to hear a protest from gentlemen I when a negro, witn :he consent of a! solicitor, is not doomed to die, even though he be doomed to serve the re- j ( iiiainder of his life at hard labor? i facing the muzzle of a gun all day m while he works in summer's heat and W winter's cold, in stripes and chains, ' and locked in a lonelv cell at night or chained in a convict camp. * * * | There is a great hue and cry these j days that violators of the law are not sufficiently punished. In South Carorlina of late professing Christians h&ve held up their hands in holy horror at the freqi^pc exercise of tne r. power of executive clemency. Nobody j with the proper social instinct would j pF contend that executive ciem-ency should be exercised to the detriment of society, but there is more danger to society today from the -extremists?! not to say fanatics?who raise a cry j for the blood of every man charged j \ with crime than there is from those j \ who are disposed to show mercv. It! . \ -":ii" ~ 7 man may determine the question for himself. An extremist is an extrem ist and will always be an extremist, and if convinced is "like a woman convinced against her will, of the same opinion still." t * * * When Governor Blease first went into office and began to fight the hosierv mill at the Sj Carolina peniten tiary he was charged with wanting to make beds of roses for th-e criminals, Governor Blease kept up the fight, and continued to show up the conditions, and when the State senate voted upon wiping out the mill at the past session of the general assembly, there was only one vote against the measure in that body?the vote of the senator from Newberry. * * * The fundamental law of South Caroline, the Constitution of the State, in defining the duties of the governor, says that "he shall take care that the laws be faithfully executed in mercy." The abolition of the hosiery mill at th-e State penitentiary and the establishment of a parole system has carried out both the letter and the spirit of this provision of the fundamental law. Nobody would contend that a * 1 - ? ? ? ^ f Via man should be turned loose uyuu mc State who would prove a menace to the State; and, on the other hand, no right-thinking man will contend that the object of punishment is solely to punish the offender. The protection of society and the reformation of the offender?the making a good citizen of one who has deviated from the path nf rectitude?is the object of the law. "He shall take care that the laws be faithfully executed in mercy"?not that men who have trespassed against th>e law shall b-e made worse men than they are, if it be within the power of the law to make, them worse? "but that the laws be faithfully executed in merCv." * * * The late Senator Robert L. Taylor, who was conspicuous as governor of Tennessee, is said to have had his faults, and I suppose he aid. for no man is perfect?no man here below. As governor of Tennessee Mr. Taylor made frequent use of the pardoning power. Whatever his faults, he was a man of great heart and a man of erpat soul?a man whose heart throb o- ? bed in sympathy with the common 'every-day woes of his fellow-man, and a soul which was attuned to the harmony of the universe. In a memorial address in the house of representatives of the United States congress not long ago the Hon. James W. Collier, of Mississippi, quoted the late Governor Taylor's defence of his pardon record. It is a very beautiful de" 3 + Vi o roariPTK of lence, auu naps mv ? The Herald and News might like to read it again, though it may be familiar to most of them. On-e who has been associated with a governor's office will know that the picture is not overdrawn. It is as follows: * * "I saw an aged mother, with her white locks and wrinkled face, swoon at the governor's feet; I saw old men tottering on the staff, with Droken v.?orf^ and tpnr-stained faces, and I JJLttti LO Uuu w? - ? , heard them plead for their wayward boys; I saw a wife and several children, clad in rags and barefooted, in midwinter, fall upon their knees around him who held the pardoning power; I saw a little girl climb upon the governor's knee and put her arms around his neck; 1 heard h?r ask him if he had any little girls; then 1 saw her sob upon his bosom as though her little heart would break and heard j her plead for mercy for her poor, miserable, wretched convict father. I saw want and woe and poverty and trouble and distress and suffering and agony and anguish march in solemn procession before the gubernatorial door, aud I said, "Let the critics frown and rail, let this heartless world condemn. but he who hath power and doth not temper justice with mercy will cry in vain himself for m-ercv on that great day when the two columns shall meet, for, thank God, the stream of happy humanity that rolls on like a gleaming river and the stream of the suffering and distressed and ruined of this earth both -empty into the same great ocean of eternity and mingle like the waters, and there is a Gcd who shall judg, the merciful and j the unmerciful." And, in closing his address, the member of congress quoted a beautiful little verse which has seemed to me very appropriate as a wreath symbolically to lay upon the. great man's tomb?for in many respects he was a great man: "Mild and gentle, as he was brave, When the sweetest love of his life he gave To simple things; where the violets grew Pure as the eyes they were likened to. The touches of his hands have strayed As reverently as his lips have prayed; When the little brown thrush that harshly chirred Was dear to him as the mockingbird; And he pitied- as much as a man in pain A writhing honeybee wet with rain, j Think of him still as the same, I say, I He is not dead?he is just?a\Vay." j * * * Usually a defence like that of Senator Taylor is met with the statement, that the cries of the widow and or-! phans of the victims of the defendant are heedlessly disregarded, and that j the law lies prostrate, and calls for j vengeance. Of course there are those! who must have meted out to them, for 1 the protection of society, tie severest I penalty of the law, and one, in order to carry out the spirit of the Consti tution, must trully see that "the laws be executed faithfully in mercy," but I will venture the belief that the pardon record of Governor Taylor did not count against him on the day of final judgment. * * South Carolina has in times past XL ~ experienced extreme views Dy uie chief executive against use of the pardoning power. It might not be in bad taste to compare the pictures. A former governor of this State was apr proached by a solicitor of one of the circuits with the statement that a negro had been wrongfully convicted of manslaughter; that the negro had ~ ~ ~ ^ .1 mu'ltv on +lio oHviro nf thf* picitucu & um; \JL? mv ? gentlemen he was working for, with the consent of the solicitor, and in investigating the matter afterwards the solicitor learned that the deceased did not die from the blow inflicted but died from tuberculosis. The solicitor stated that the negro was guilty of assault and battery but said he felt the negro had already served sufficient time for that offense, and he asked that this former governor par! don the negro. That governor rej fused, and the negro served out his time, I suppose?I did not hear of the case afterwards. * j All this lias nothing to do with Solicitor Cooper in the Marshall case, but this train of thought was suggest ed by the criticism of the solicitor's course in that case, which criticism I have felt to be unjust to the solicitor. The whole matter is in somewhat editorial vein, and may not be permissible under the strict rules of newspaperdom, but is given for what it is worth, and may be taken in the same Tf 'Q V n a j v * * * Columbia is a pretty city in the spring. There are some beautiful shade trees on the streets here, and they show off Columbia to advantage at this season of the year. There is always street work going on here, however, and it never s-eems to be finished in any part of the city. A job is started somewhere and left and another job started somewhere else, and the streets are continually torn up and in a mess. * * * The Hon. Otto Klettner, of Newberry. has bren appointed by Governor Bleas-e one of five delegates from South Carolina to the Southern Conference on Woman and Child I>abor, I to be held at Meridian, Miss., 011 Monday and Tuesday, April 28-29. The other delegates are: Messrs. Walter Stubbs, Greenville; 0. C. Gallman, Spartanburg; B. F. Mcleod, Lynchburg; J. L. Mi.nnaugh, Columbia. J. K. A. CARD OF THANKS. * We desire to thank our friends for their exceeding kindness to us aunug the sickness and death of our husband and father. Mrs. W. H. Enlow, .Jesse Enlow. Walter Enlow. i Tk, THE SEWS OF PROSPERITY. Medal Contest >V. (. T. U.?Installation Officers A. R. P. fliureli. Personal. Mention. Prosperity, March 31.?Miss Lucile ' * " * " ' ? ? A /v n? AA lr batnan, or AewDerry, spim mc weekend with Miss Marguerite Wise. Miss Ruby Wheeler has as her guest Miss Wheeler, of Xewberry. Mr. and Mrs. A. G. Wise are visiting in Columbia. The progressive insurance :irm of Brown & Caldwell have purchaser! an Overland car. Miss Tena Wise, of Chicora collet, spent the wesk-end with her parents, Mr. and Mrs. J. L. Wise. Messrs. Tom Wiker and R. K. Wine spent Sunday at the Wise hotel. The declamation contest for the W. C. T. U. medal will take place April 3 at he town hall at 8.30 p. m. Tho following will compete: Messrs. Henry Quattlebaum, Willie Mac Lester, T. j Taylor, Price Harmon, Leo Mathis and Alvin Singley. The musical numbers will be furnished by Mrs. J. F. Browne. The above contest will, also tak-^ place at Zion churclj April o. The contestants are from the Monticello I school. I The following officers were installed | at the A. R. P. church Sabbath morn' r,,J?~ vrAt.oi.c. IT1 T? Pnnlr _T A. [ ing: Jiiiueis?ivicooio. ? ! Dominick, S. S. Birge; deacons? | G. D. Brown, J. B. Pugh, Dallas Caldj well. | Piano Subscription List. J Previously acknowledged.. ..$263.75j ; Elise Peterson 50; I J. P .Sliealy 25 j John Griffin 25 j W. C. Waldrop 50 I Cash 2.10 I Miss Amelia Klettner .25 'Hudson & Bouknight 50 i i ! Robert Pool 2.00 j Dr. E. E. Stuck 1.00 ! H. H. Rikard 25 ! i * I : | Total 271.35 i I In Newberry Society. j A very pleasant and profitable meet-' ing of the Fortnightly club was held) Tuesday morning with Mrs. C. A. | Bowman as hostess. Longfellow was I the poet for study at this meeting.! Mrs. W. H. Hunt read a short sketch uf? on/? nn<i of his noems. "The I * Ul UIO iltc auu va?v g. i Ladder of St. Augustine." Current j events, foreign and domestic, were then discussed by the members, after which a tempting luncheon was served. Mrs. P. E. Scott was hostess for the Woman's club Thursday afternoon. The roll call was responded to with the names of the religions of South America. The magazine study on South America was continued and proved very interesting and instruc tive.. Mrs. J. T. Maves entertained three tables of players at bridge Friday afternoon, in compliment to Mrs. Jon-es Ful'er, of Greenwood, the guest of Mrs. 0. B. Mayer. After a series | of interesting games, cards were laid j aside and delightful refreshments were served. Some 3Ien in Newberry Like Tins Fat- j rot ! Polly thought he would have some j fun by stirring up a dog fight. From | his point of vantage safe up on his j perch he cried, "Sick 'im Bull!" to | his canine friend sleeping on the | ground below, when a stray dog came j along'. Having stirred Bull up and : attracted the attention of the other dog, Polly became so excited he fell off his p^rch when Bull and the I straiige dog jumped on him and tore ii i?4. *r,;i faotharc T^nllv OUl 3.H UUL ills lau iwHiimj. ?. ~ climbed painfully back upon his perch, shook himself and said: "I know what's the matter with me?I talk too damn ipuch." Autos Sold Last Week. ; The following sales wer^ -:?ad3 by j Summer's garage last week: Ford I roadster to Mr. I. M. Smith, Kinards; Ford roadster to Mr. F. B. Longshore, city; Ford touring cars to Messrs. E. S. Summer, W. D. Stiiwell and Geo. W. Summer, city. This firm is doing a rushing business, and Xewberrv is filling a high place in the picture. Out i of the 44 counties in the Stat?, Ne\t} berry is ahead of 20. according to the j latest figures of automobile sales. Here is For Yon. Something good for Thursday. Good object and good subjects. The Arcade v?ill put on a fine program and half the proceeds will be applied to the flood sufferers. Any kind of a - program m su wui iuj <t t<tusr UU5U1. to draw full houses. Then surely the house should overflow and the flood fund swell on Thursday afternoon and night when the Arcade presents "Just a Shabby Doll" (Thanhouser); "Calamity Anne." detective (American); "Chappie's Code," (Majestic), and one other good subject. Sufficient in the above program to interest and amuse very nearly each and every individual citizen of the town and county of Newberry. The Arcade management has kindly and patriotically put on this program for the benefit .of the flood sufferers?one half of the proceeds to be given to this cause. Nobodv will refuse to contribute anyway, and bv going to the Arcade Thursday >ou enjoy fine pictures and at the same time give something for the relief of the distressed. Fill the house all through the running of these pictures. E wart-Perry Co. The Ewart-Perry firm has been pleasing the men of Newberry for some time. If the ladies will read the advertisement of this' well-known and up-to-date firm in this issue of The Herald and News they will see that there is omething there to suit, interest and please them. Tbe senior member is devoting himself to the wants and wishes of the ladies, espe cially. HOTEL MANAGEMENT CHANGED. Lease Held by Samuel F. Wheeler >Vil! be Yielded to Another x Manager. The State. Lee A. Lorick of Columbia, on-e of the owners of the- Columbia hotel, said yesterday that there would be a change in the management of the hostelry soon. Samuel F. Wh-ee'er, J I who has managel the Columbia hotel! | for years and is widely known among j the traveling public, wfll yield his I l?ase to another manager. Mr. Lorick ! said yesterday that the owners had had several applications for the lease, but had not yet decided upon a manager, Mr. Wheeler will continue to [ run the hotel until it is released. 1 It is possibLe that improvements will be made in the Columbia hotel j i?- 1 building, but tne owners uave uw?,j definitely decided to make them. Stick to the OW Friends. Fort Mill Times. The old friends whom we have known all our lives and whose characters are firm and established as j the everlasting hills, are too apt to become commonplace to us, but we know they will do to tie to, and it is not best to give tjhem up for those ?t Tint i-nnu.' Th^> man or WI1UII1 VVC uw U\JI. ixaxv . ? woman who builds up a character and maintains it for years in the same community deserves some consideration, and the friendship of such people is to be preferred at all times to the/ showy attention of strangers. As to the Millinery of the Andersons. In reading of the splendid showing j of millinery creations in the various; papers describing th-e leading houses \ of the country one has a desire to see j J ?-?i- ~ ,1 11 + if 111 His- ! tile tine hiiq nun emu ucaiaum u.w , plays. And while in this humor it J would be well to call your attention i to R. H. Anderson & Co. The attractive one-page ad of their double stores appeared in the last issue of The Herald and News. All the departments of R. H. Anderson & Co., are of the finest and most select, but it Is, . . I of the millinery we would speak to-: day. It has been said that "there ace so many new things in fashions limelight that play interesting parts in spring hats that it is wellnigh impos- f sible to tell of all." A writer quotes Dame Fashion as saying that "the small hat will reign, and it is to fit closely to the head and not to be i overladen w i trimming," for wmcn all should be truly thankful. It is! said that later in the season there j will be many more wonderful creations and combinations of coIofs. but right now Is what takes our eye. We know not much about it, but an author! y ay? ?t?a v. i- the most fashionable and that "J-gal hemp,. horse hair braids, straw and velvet and velvet and straw and silk will be much worn and quite chic. Back * trimmings have succeeded those at the side, and flowers, braids and aigrettes of flowers adorn the prettiest chapeaux." This is quoted and out of the reporter's line,v but the ladies of the millinery department of Anderson & Co., can explain it fully so we turn it over to them. We only aimed to call attention to the page ad of i L is live firm and incidentally to mention the millinery feature. Again The Strawberry. Shortly after The Herald and News had been in circulation on last Friday, Prosperity got Newberry connected and the office phone rang the hurry call. What's up now? shot through the mind. Can it be that the people of lower Prosperity and upper Pomaria have combined to strike a blow to the fellow in this omce wno ianea to state where it was that that church building was blown down? They knew it was not in the vicinity of Bower's garage. Then where was it and what was it? This. That strawberry piece had just benn read and was bearing fruit. The reporter was reaping what he had been sowing. He had sowed the wind and would now reap the whirlwind. The Rev. E. W. Leslie, the wide-awa!;e and quick Lutheran pastor at Prosperity, was seeing to it that the little city of Newberry, through its representative of the early strawberry patch, was not getting all the glory.;, Mr. I. H. Hunt should not be allowlci' to have it all likeMrs. * A V Wiggs of the cabbage patch. Mr;: Leslie beat Mr. Hunt, while the former got here first, the latter had more berries. It will be remembered that there was mention of only one strawberry from Mr. Hunt, whereas Mr. Leslie was dangling three Strawberries at the prosperity end of the phone, figuratively speaking. He saw Mr. Hunt's ^ one and went it two Detter; or, more / appropriately speaking, he saw it at once and went at it too better. To Mr. Leslie and Mr. Hunt in order to make each mouth water, the reporter for The Newberry Herald and News, his own mouth preparing to do likewise, reproduces the following from the Wilmington Fruit and Truckers' Journal of March 27: "Although the strawberry ffcfds are W11116 Willi D1 OS sums auu uc w uuua are blooming every day, with wellformed berries every vine, our special reports from Chadbouro, Whiteville, Grists, Cerro Gordo, Mount Tabor, Loris, Conway, Fair Bluff, Clarkton, Currie, Atkinson, Wilminfton, Wrightsboro, Rocky Point, Burgaw, Wallace, Teachey's, Rock Hill, Warsaw, Faison. Mouni uuve ana Dudley would indicate that the movement of strawberries will not begin in carload quantities before the 10th or 15th of April, at the earliest. Warm weather" and light rains will hasten ripening beyond man's ken to tell. From the Norfolk section April 25th is given as the earliest date upon which it is expected that the move-* ment will take on anything like carload proportions. nninar tn Viora ?J w-e are eviucuuj gvm6 w ~ splendid berry deal this year. The commission merchants and their lieutenants are already arriving preparatory to a vigorous campaign for consignments." Gamblers and Loafers. The Augusta Chronicle says: "A regular crusade has been begun upon the lottering gamblers, bo:h colored and wl?.here of Jate, as there were two negro "joints" raided Sun/lov nierVif onH rmo in which 2. half KXCLJ Ul^Ut auu x/i?v ? dozen young white men and boys were engaged. The cases of the young white men and boys is even more deplorable than that of the ed all the week and then been innegroes. They had evidently Work(luoed to get in a game and would have.undoubtely lost all of their monev had it not been that they were "roped in" by the police. Most of the young men captured are workers, but two or possibly three have police records, and arfc perpetual loafers." Some of these loafers and gamblers, will come this way. When playing marbles or jack stones slips take over, but not when you run in front of a trolley car.