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VOLUME II.. XU5TBER 26. NEWBEBBY, SOUTH CABOLIKA, TUESDAY, APRIL 1, 1913. TWICE A WEEK. $1.30 A TEAB. k DEFENDS SOLICITOR; r MERCY AND PARDON ' THE WILL MARSHALL CASE AND OTHER MATTERS. The Course of Solicitor Cooper Defended?The Parole System? Newberrian a Delegate. Special to The Herald and News. Columbia, March 31.?It is desired here to say a word in behalf of Soli* 1 - * ~ nf f citor cooper, in repiv uu t'l naioaio v/fc j his course in accepting a consent verdict in the Will Marshall cuse, at Newberry, which criticisms have recently appeared in the Newberry papers. Dr. James Mcintosh, in a communication in The Herald and News and the Observer, has seen fit to censure the solicitor, and Mr. R. H. Greneker, in his afways readable paragraphs in j r The Herald and News, has commend-i ed Dr. Mcintosh upon his communica-1 tion. In other articles in the New-1 berry newspapers and in the Xewber-j rry correspondence of the Columbia | State this case was set" over against j the Will Goggans case, in which the! defendant was sentenced to pay the death penalty, and by indirection the solicitor was censured. I >|: # What are the facts in the Will Marshall case? Will Marshall, a negro, 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 the night time. The dying declaration of one of the women who was killed indicated that the defendant who did the killing and the two negro women were under the influence of [ whiskey, and, in view of the character of the two women, and all the cir^ cumstances attending the affair, the solicitor felt satisfied a jury would 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 - f with the assass: nation of a white man. In that case the jury remained in its room Ijor several hours before reaching a verdict, .and it is understood that the question which kept ^ them so long was a difference among the jury as to whether or not they cTinnM wnmmpnd Goeeans to mercy. 1 * * * No man is perfect, but in the seven I 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 I did not know it. The position is at best very trying; it requires ability! and it requires courage, dj: jl Donevei t Mr. Cooper's record will show that hej has measured up to every require- s ment. Solicitors are usually charged I with being "blood-thirsty," and this charge Solicitor Cooper has not escaped. It is rare that the charge of being too mercnui is Drougui agaiast j them. As matter ot ac% in its last j ^ analysis,' the charge really carries a ^ compliment. ? * V It must be very distasteful, to say the least, even to those upon whom the law imposes the duty, ttovsentence a man to die, and i: is passing strange to hpar n nrotest from sentlemen! when a negro, witn :he consent of a! solicitor, is not doomed to die, even though he be doomed to serve the re- | mainder of his life at hard labor? ! facing the muzzle of a gun all day! while he works in summer's heat and winter's cold, in stripes and chains, and locked in a lonely cell at night or chained in a convict camp. j * * * There is a great hue and cry th*se days that violators of the law are not sufficiently punished. In South Carolina of late> professing Christians have held up their hands in holy horror at the freq exercise of the " power of executive clemency. Xobody i with the proper social instinct would j ' contend that executive clemency j should be exercised to the detriment j of society, but there is more danger to ' society today from the extremists? j 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 { Avho are disposed to show mercy. It j V were idle to give the iK-asons. Each man may determine the question for himself. extremist is an extremist and will always be an extremist, and if convinced is "like a woman convinced against her will, of the same opinion still." ( * * When Governor Blease first went into office and began to fight the hosiery mill at the Sj .*>! Car -Una penitentiary he was charged with wanting to mak* 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 Carolinp rhp Constitution of th-e 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 car ried out both the letter and the spirit of this provision of the fundamental law. Nobody would contend that a man should be turned loose upon the 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 of 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 the law shall be made worse men than they are, if it be within the power of the law to make, thein worse? "but that the laws be faithfully executed in merdy." ? * * * mu, OATiotor Rnhprt Tj, Tavlor, lilt Id IC UCautvi avv/VV. v who was conspicuous as governor of Tennessee, is said to have had his faults, and I suppose he did, for no man is perfect?no man here below. As governor of Tennessee Mr. Taylor made frequ-ent use of the pardoning whotavor hie faults. he was JLJU rt CI . iiuuvv<vi , a man of great heart and a man of great soul?a man whose heart tnrobbed 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. Col" minto/l the> 1nt? Iter, CH lYXISSlSSXJLipi, 4UUI^U W..^, Governor Taylor's defence of his pardon record. It is a very beautiful defence, and perhaps the readers of The Herald and News might like to read it again, though it may be familiar to most of them. One who has been associated wnn a guvu uui 5 ulfice 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 broken onH r-stained faces, and I 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 he^d the pardoning power: I saw a little girl climb upon ~ O n rl rvnf V?Qr O rTlIC llie guvemui ^ a.lire auu jnu h^m. around his neck: 1 heard h;r ask him if he had any little girls; then I saw her sob upon his bosom as though her little heart would break and heard 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, and 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 mercy 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 A troccnH q n H rnin ILLKZ OUIICi lili^ a nu UlOU vocvu uuu x uiw ed of this earth both -empty into the same great ocean of eternity and mingle like the waters, and there is a Gcd who shall judge the merciful and i the unmerciful." I And, in closing his address, the member of congress quoted a beautiful little verse which has seemed to nn very appropriate as a wreath symbolically to lay upon the great man's + K?fnr in mnnv rpsn-prtc hp was tUlliU XV/* *** 441WMJ ? ? ? 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. Think of him still as the same, I say, I I J ? r) r) Via it; inct H\VC1V I JLJ.^7 115 HUl. KA^CLKJ.? i O J UCi/ ?A *? i?,^ . 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 ! the protection of society, the severest} penalty of the law, and one, in order | to carry out the spirit of the Consti- j tution, must trullv see that "the laws; be executed faithfully in mercy," but j I will venture the belief that the par- j don record of Governor Taylor did not j count against him on the day of final judgment. # * * South Carolina has in times past v-v-. /N Tfi Atrrn ! experienced t.\ueuic vic?j u? uiv j chtef executive against use of the par- j doning power. It might not be in bad j taste to compare the pictures. A former governor of this State was approached by a solicitor of one of the circuits with the statement that a negro had been wrongfully convicted of manslaughter; that the negro had pleaded guilty on the advice of the! gentlemen he was working for, with j the. consent of the solicitor, and in in- j vestigating 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 parAn-n * Vi n c orn Thuf frnvprn nr re UUU il^o* V. * "UO , # fused, and the negro served out his time, I suppose?I did not hear of the case afterwards. * * * 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 nave felt to De unjust to me soncuur. 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 way. \ * * * i 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 seems j to be finished in any part of the city, j A job is started somewhere and left and another job started somewhere else, and the streets are continually torn up and in a mess. =s= * * The Hon. Otto Klettner, of Newberry. has bren appointed by Governor j * 4"?, I Bleas-e one of nve delegates nvm South Carolina to the Southern Conference on Woman and Child f^bor, 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; ,T. L. Mi nnaugh, Columbia. T TT 4 rv. A. CARD OF THANKS. * We desire to thank our friends for their exceeding kindness to us during the sickness and death of our husband and father. Mrs. W. H. Enlow, Jesse Enlow. Walter Enlow. THE NEWS OF PROSPERITY. >Iedal Contest W, C. T. I*.?Installation Officers A. R. P. Church. Personal Mention. Prosperity, March 31.?Miss Luciie Lathan, of Newberry, sp.ent the weekend with Miss Marguerite Wise. Miss Ruby Wheeler has as her guest Miss Wheeler, of Newberry. 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 tne \ve9K-ena wiui net paicmo, Mr. and Mrs. J. L. Wise. Messrs. Tom Wiker and R. K. Wi:^' 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. Thi fnliowin? will compete: Messrs. H^nry o - 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-j place at Zion churcfy April 5. The contestants are from the Monticello school. The following officers were installed at the A. R. P. church Sabbath morning: Elders?Messrs. E. B. Cook, J. A. Dominick. S. S. Birge; deacons? G. D. Brown, J. B. Pugh, Dallas Caldwell. Piano Subscription List. n cro(\ $2fi3.75l rreviuuaiy ainiiw"?>.uBv,v.. . . . T Elise Peterson 50; J. P .Shealy 25 John Griffin .25 W. C. Waldrop 50 Cash 2.10 Miss Amelia Klettner .25 Hudson & Bouknight 50, Robert Pool 2.00 | Dr. E. E. Stuck 1.00 OX I H. H. Rikard J Total 271.35 ' | fn Newberry Society. A very pleasant and profitable neeting of the Fortnightly club was held j Tuesday morning with Mrs. C. A. J Bowman as hostess. Longfellow was j the poet for study at this meeting. I Mrs. W. H. Hunt read a short sketch I of his life and one of his poems, "The j Ladder of St. Augustine." Current events, foreign and domestic, were then discussed by the memters, after which a tempting luncneon 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 ana instructive,. Mrs. J. T. Mayes entertained three tables of players at bridge Friday afternoon, in conipliment to Mrs. Jon-es Fuller, of Greenwood, the guest j of Mrs. 0. B. Mayer. After a series of interesting games, cards were laid aside and delightful refreshments were served. Some 3Ien in Newberry Like Tliis Patrot. Polly thought he would have some fun by stirring up a dog fight. From his noint of vantage safe up on his perch he cried, "Sick 'im Bull!" to his canine friend sleeping on the ground below, when a stray dog came along*. Having stirred Bull up and j attracted the attention of the other! dog, Polly became so excited he fell off his p^rch when Bull and the strange dog jumped on him and tore out all but his tail feathers. Polly climbed painfully back upon nis percu, shook himself and said: "I know what's the matter with me?I talk too damn cpuch." Auto* Sold Last Week. The following sales w.?r^ :<ad3 bv Summer's garage last week: Ford 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 o rMichincr hucinpcc; and X'fiwberrV is filling a high place in the picture. Out of the 44 counties in the State, Newberry is ahead of 20, according to the latest figures of automobile sales. Here Is For Yon. Something good for Thursday. Good object and good subjects. The Arcade will put on a fine program and ^ " Aa a. a. ?* ?! 1 ! % /\ v\r\l i A/1 f A nan 1110 piuceeus win uc ay^ucu w the flood sufferers. Any kind of a program in so worthy a cause ought 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 vflf" ncorlv oo/iVi anH Avorv inrlivifliifil J liv-ai ij vav/ii uuu v? v. j ...v.. . 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 fou 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. Ewart-Perry Co. The Ewart-Perry firm has been pleasing the men of Newberry for I some time. If the ladies will read the j advertisement of this" well-known and J 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. The senior member is devoting himself to the wants and wishes of the ladies, espe ciauy. HOTEL MANAGEMENT CHANGED. Lease Held by Samuel F. Wheeler Will be Yielded to Another x Manager. The State. Lee A. Lorick of Columbia, one 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-ee1er, i who has managed the Columbia hotel | for years and is widely known among ! the traveling public, wfll yield his : lease to another manager. Mr. Lorick said yesterday that the owners had had several applications for the lease, v..* i? j ^0+ HaMrfoH nnnn a man U Li L XX au il yj t J t 1/ UV^VIU V V4 V* J?> V m? w ??? ager. Mr. Wheeler will continue to run the hotel until it is released. It is possible that improvements will be made in the Columbia hotel building, but the owners have not definitely decided to make them. Stick to the OM Friends. Fort Mill Times. The old friends whom we have known all our lives and whose char-1 acters 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 tjiem. up for those whom we do not know. The man or 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 th-e i 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 i the finp and rich and beautiful dis- j 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 depart-' ments of R. H. Anderson & Co., are of the finest and most select, but it is . ^ "11" H cnoil.. ^ ot tne milnirer,) wc vwuiu cj/v,i.n vv , day. It has been said that "there are ; so many new things in fashions limelight that play interesting parts in spring hats that it is wellnigh impos-f1 sible to tell of all." A writer quotes 1 Dame Fashion as saying that "the small hat will reign, and it is to fit 1 closely to the head and not to be i overladen with trimming," for which ; all should be truly thankful. It is I 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 autK>r! y n : >*.ti a v. i- the most fashionable anu thai "Jcgal 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 nVionnonv leu nn n r\ rl Aiif a# ^na^cauA. ? 10 quui^u auu uui kjl 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 pa?e ad of it is live firm and incidentally to mention the millinery feature. ' Again Thp 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 cali. 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 office who failed to i i 1 i.1 X i.1 X. ..m?L siate wnere 11 was uiai mat cuurcu 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 Kev. iu. vv. i^esne, me wide-awake 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 allow&d to have it all ..like : Mrs. 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 tTri'V?nrooe Mi* T ^clia II UII1 4.V1I . XX Ulit, wu.^i^u.o ?ui* was dangling three strawberries at the prosperity end of the phone, figuratively speaking. He saw Mr. Hunt's ^ one and went it two better; 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 *11 VU* ?VMU VJV.W ? V - ? 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. "We are evidently going to have a splendid berry deal this year. The 1 - a commission mercnants auu t:ir? lieutenants are already arriving preparatory to a vigorous campaign for consignments." Gamblers and Loafers. The Augusta Chronicle says: "A regular crusade has been begun upou the lottering gamblers, both colored and white, here of late, as there were two negro "joints" raided Sunday night and one in which a halfdozen 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 inaegroes. They had evidently tfork rtuoed to get in a game and would have^undoubtely lost all of their money 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. Tl-U CtATlOa ^ Illf^ Him uir^ \ji jav, rv ^wuvt) slips take over, but not when you run in front of a trolley car. News, his own mouth preparing to do likewise, reproduces the following from the Wilmington Fruit and Truckers' Journal of March 27: "Although the strawberry ffefds are white with blossoms and new buds, are blooming every day, with wellformed berries on every vine, our special reports from Chadbourn, Whiteville, Grists, Cerro Gordo, Mount Tabor, Loris, Conway, Fair Bluff, Ciarkton, Currie, Atkinson, Wilmington, Wrightsboro, Rocky Point, Burgaw, Wallace, Teachey's, Rock Hill, . Warsaw, Faison. Mount Olive and Dudley would indicate that the movement of strawberries will not begin ir, n-arlnaH nnnntities hefore thf? 10th