The herald and news. (Newberry S.C.) 1903-1937, April 01, 1913, Image 2
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