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[ TOLTTXE LI, NOIBER 98. NEWBERRY, S. C., FRIDAY, APRIL 25, 1913. TWICE A WEEK, $1.40 A YEAB. [proceedings against L ft ft evans begun COXTIM'ED IWTIL MONDAY IT WMEX IT WILL HE KESOIED. J Witnesses Give Testimony on Allegred I Unprofessional Condnct of Member of Bar. Columbia, April 2-.?A mass of testimony was given at the hearing on the disbarment proceedings against Bar' nard B. Evans, attorney, of Columbia fjbefore the supreme court yesterday. The entire morning session was consumed with the presentation of the case against Evans. The afternoon | I session was given up to the testimony I of the witnesses for the defense. The I "hearing will be continued at 10 o'clock | this morning in the supreme court I at the State house, here were many I present at the hearing yesterday. I Evans is represented by C. P. Sanders Iter "Spartanburg and P. H. Nelson of .. olumbia. The prosecution is being ^Mnducted by Wade Hampton Cobb, ^Hicltor. J. Fraser Lyon, former atHRney general, who brought the proj^Rdings, was present at both sessions ^^ terday. Motion Was Refused. Bollowing the reading of the com- ; 1 ?"""" tho Hofpnsp made f lit <IUUI ilCJO iUi vuv aotion to quash the proceedings. >r considerable argument the court d that the hearing must proceed, main contention of the attorneys ; the defense was that the proceed- ' should be quashed, because the ; rmation given as to the action of ' is was not based upon resolution bar association, thati t was not ied and that the charges in the Ilplaint should be presented iu a i fcd jury and not to the supreme The charges of the court is against [motion to quash," said C. A. bds, acting chief justice, following 1 pnference with the associate jus- 1 b < pllowing the ruling of the court 1 P. Sander read the return of { ns. The court decided to elimi- 1 ! the hearing on acts charged ] nst Evans before he was admitted i he bar. The, court took under 1 ikideration the question or aamu- r the testimony relative to the 1 pg s against three Saluda county 1 pens by Evans during a campaign bch at Spartanburg last summer at the afternoon session excluded * testimony. < he first witness called for the ? ignition was George P. Salter of < Iluda. He gave testimony relative 1 ja check for $198.90 Evans is ailed to have signed and collected ( Is ch<?ck wag drawn by Frank & Is of Augusta, and according to tes- 1 lony was to have been paid by 3 Ins to Salter, who had borrowed 1 pe money to pay a mortgage. The s !ness said t&at Evans gave him his 1 sonal check for a larger amount I that it was later turned down, ink & Sons later made the amount d to Mr. Salter. He said that Frank tons sent him a copy of the orginal ck with Evans' name signed to it. ?. J. Robinson of Columbia told or hing the check for, $198.90 for ins #nd said that it was later turndown. He said that he later put check in the hands of a local attorand that John Gary Evans of T> p. Irtanburg, Drotn-er or oauiaiu ns, paid the amount. Consideri time was consumed by the var witnesses in giving testimony as his check, George R. R-mbert said as attorney for Mr. Robinson he R collected the amount on the *ck. He said that he notifi?d Bar^Htd B. Evans that the check had been wrned and that later John Gary IKns paid th-e full amount. V Claim for $103. H. E. Dowling, a druggist of Saluda le testimony relative to a claim of r*f tba Mnrrav Drug company of I. U *" V"V w umbia which Evans is alleged to Je' collected. Mr. Dowling said that I amount of his bill with the Co lbia concern was $129 and that bqs had told him that Dr. Murray n agreed to reduce the amount to i3. The witness said thaA he had [id Evans a total of $103 iii small counts and had received several reipts and a general receipt. / He had j the bill, marked paid. Dr. W. J. Murray of the Murray Drug company gave testimony that the Dowling claim had been placed in the hands of Evans for collection, but that Evans had not returned the money collected. Dr. Murray said the claim was then placed in the hands of a Columbia ]aw firm and that later John Gary Evans of Spartanburg had paid the i owniint T?-n "VfurrQi* cair? that hp hafi I CL LkXKJ UUL. X.JX . ?UU11UJ V v-v* W ?W ..M~ I never authorized a reduction of the { claim. Walter T. Green of Columbia i said that the claim against Evans for $103 had been placed with the firm he represented and that it was never collected. J. Xelson Frierson of the law firm of Barron, Moore. Barron & McKay said that John Gary Evans < had paid the amount, the claim having been placed with his firm for col- ; lection. ] H. X. Edmunds, Robert Moorman, J G. Duncan Bellinger, R. Beverly Her- ; bert. James H. Fowles, Jr., D. W. 1 Robinson, attorneys of Columbia in ( reply to questions as to the reputation I ? of Barnard B. Evans as to "honesty J and veracity," said that it was "bad."j ^ The attorneys for the defense ques- i tioned these witnesses as to what they J had heard. Several specific instances j wer-e given by the witnesses as to al- I leged wrongdoing on Evan's part. I Several said that they had heard many t attorneys give opinions on Evans. R. ? W. Shand, senior member of the Co- c lumbia bar, knew nothing of Evans' j i reputation except that "it was not ( very good in the matter of collecting c money for other people. " J. A. Carson and E. P. Berry and M. P. Pitts, all of Saluda said that the reputation of Evans "was not very good." I Afternoon Session At the afternoon session the supreme court ruled that it was not necessary for the prosecution to put ? up witnesses relative to the charges by Evans in the campaign last sum- i mer against several citizens or sa- ? luda county. The court held that in- i asmuch as the return did not deny g the charges, that they were admitted, t and as there was ho issue of fact that t ihe#testimony would be excluded. The \ attorneys for the defense* stated that a :h-ey did not mean to admit the facts t in the return. After some discussion 1? it was decided to amend the return l)y inserting a statement that Evans oelieved the charges when he made t :hem and that he dia not make them e with malice. t Charges Denied. , i Following the ruling by the court t several witnesses for the prosecution { ?ave testimony. B. F. Sample, sheriff Df Saluda; B. W. Crouch, attorney, t md E. W. Able, attorney denied the r charges made by Evans in his Spar- r Lanburg speech. \ The testimony by these witnesses i: ulosed the case of the State. a Several witneses were then called c by the defense to testify as to the c reputation of Barnard B. Evans. The \ following witnesses gave testimony, a savine that they would "believe him t on his oath:" John T. McCain, J. L. Mimnaugh, N. W. Brooker, F. C. Bigby, S. J. Miller, John Civil, F. S. r Earle, Samuel Owings, W. W. Bruce, t Lawson D. Melton, Mrs. Scott Brown, c Wr. L. Smoak, W. J. Blackman. .] John Gary Evans of Spartanburg, \ a brother of Barnard B. Evans, gave ? testimony for the clefens \ He said j c Hiat bp had naid the two claims made I t against his brother and had n-ever ? questioned either one. H? Bai-i that t his brother had not been notified of t the payment of the claims. He said r that the claim for $103 had been paid i b-eeause he did not wish a disagree- ( mcnt between his brother and Dr. W. i J. Murray. i Evans' Defense. p.am^rd R. Evans. taking the stand,; 1 made an?\?r to the charges contain- j i ed in the complaint. H-e reiterated j f his charges against B. W. Crouch, B. 5 F. Sample and E. W. Able. ( In reply to the charge contained in I the complaint that during the year 1 1906 .T. Frank & Sons of Augusta sent ( to him their check for $19S.90, pay- 1 abl-* to Geo. L. Salter and that this i check was not delivered, the following ] rpnlv was made by Evans in his re- s turn: "That at said tinus this respon-j c dent was practicing law in the ccun- I ty of Saluda, and, while so doing acted as agent for quite a number of per- } sons who desired to borrow money, , 1 (CONTINUED ON PAGE 5.) ITEMS OF INTEREST FROM STATE CAPITAL GEORGIA LABOR FEDERATION THANKS GOVERNOR BLEASE. Veterans in Aiken This Week Looking Forward to Gettysburg.?Governor Blease on Education. Special to The Herald anw News. Columbia, April 24.?Associated Press dispatches several days ago carried the statement that the Georgia Federation of Labor had passed resolutions condemning Governor Brown, Df Georgia, and lauding Governor j Bhase, of South Carolina, upon the I attitude of the two governors, res- J pectivelv, as to ordering out troops { n the street car strike some months I igo which affected Augusta. Ga.. and 1 he Hors; Crr-'k valley, in this State.! jovernor Blease has received ;i tele-J ;ram from the officers of the Georgia j federation conveying th? thanks of thr F r peration. The telegram follows: Augusta, Ga. "Governor Cole. L. Blease, Colum)ia, S. C.?The Georgia Federation of; ^abor in convention assembled desire j 0 express sincere appreciation of your J ittitude regarding use of State troops : luring recent street car strike. Simi- j ar action on the part of Governor of J Georgia have prevented bloodshed and j 1 tVi r\P innnronf vipfilllS." icatu vi luiivwiiv . .w "9. B. Marks, President, "Robert Fechner, Secretary-Treasurer." Governor Blease replied as ollows: "April 22, 1913. "Hon. S. B. Marks. Presidet Georgia Federation of Labor, Augusta, Ga. ?Dear Sir: I am in receipt this mornng of night letter from you and the ecretafj of your federation expr-essng appreciation of my attitude regarding the use ot! State troops during he receat street car strike. I desire o express to you. and through you to 'our federation, my thanks for your .etion, uid to assure you gentlemen u-j. 4.1,^. nf lmnpst labor has ilctl LUC uau.it v. i ? iad and will -ever have in me a friend." | * * * Governor Blease is in Aiken in atendance upon the Confederate VetTan's reunion. H? is accompanied iy a goo?l many members of his miltary staff. The governor will return o the city tonighi:. * * A good many of the old soldiers have teen in Columbia on their way to the eunion. Comrade was meeting comad^ here, and all were looking forward to the meeting of other comrades _ a vv>r.a rtf thpsA men is young u AiK.tru. _ .nymore, but when they don the gray if the Confederacy and begin to live ?ver again in reminiscence the days vhen they battled for the South, they ire young again in spirit, at least, and hoir^ves kindle with the old-time fire. | * ? ? Already some of the veterans are >lanning to attend the celebration of he fiftieth anniversary of the battle >f Gettysburg, at Gettysburg, Pa., fuly 1, 2, 3 and 4. This promises to >e the greatest reunion of the Blue md the Gray since the war, and an occasion memorable in the history of he nation. Any veteran may secure ** ~ * J til information ne aesires eiuiei nv?nj li- State's representative, appointed) i >y the governor, the Kon. W. Jasper Talbert. Parksville, S. C., or the State nember of the IT. C. V. committee. :oI. C. K. Henderson, Aiken. S. C. \n elaborate program has been arranged for the occasion. Virginia's Gettysburg monuni- nt to I Robert E. Loe ana his men is row be-j ng erected on the Gettysburg battleield, on th-e spot where General Lee stood during Pickett's and Pettigrew's ;hargp. It is stated in th.e pamphlet jiving information of the coming cele)ration that "this is the originally accepted design of the eminent sculptor. T. Wm. Seivers, Richmond, Va., but t has been somewhat altered ana improved." The cut of the monument shows a handsome and -elaborate work )f art. * * * Th.^ Herald and News is constantly preach in? common school educatioi ind good roads. There is no doubt ihose are two of t.be most important questions before the rf;opl':' of the South. As an apostle of the prime importance of common school education, The Herald and will no doubt h? glad to publish the following from the pen of Governor Blease, which recently appeared in Hearst's Sunday 1 +/\ ? ?*c/in act AllieriUtiu, in icspuiisc HJ a from that paper of the Southern Governors for a word upon what each regarded as the most important duty of the South at this time: * * * "In this era of surpassing material j prosperity through which the South ! is passing, the first and most import-! ant duty of the Southern States, in i "iv iiiHcmont is tn ntalw n ri n 11 tt t P I provision for th^ education of the needy white children within their borders. I'pon the cohrse of the. Southern Status in this matter defends the future of ilH> South. Ov-titlrmen talk of com^ul^ory od a cat ion. when w ha\- school which ire :i shamo ud<>u our civj ization. running oniy a " in each y nr. We inns! lirst ii;rnisii the -clioo's for tin children to aiteml bofore saying to them they must attend <chool. "Higher (Ideational institutions in , rhe South are b ing liberally and in many instances extravagantly sup ported uy tne j>uiu?s. i w?>nm mn cripple oik3 of th^se. P.ur in iho clamor of thse iustitutions for large appropriations it lias seemed to me that legislators have refus- tl to hear , the cries of the little children at home; for the bare rudiments of an education. ' and have heedlessly disregarded the j hopes of ch-e fathers and the prayers of th mothers. "With an abundace of material: wealth at hand, it is a crime not 'to 1 i provide adequately for the elementary education of the white masses, and the penalty which will b: exacted of ouri civilization will be as terrible as it 1 will be certain. "Would-be stat smen talk in Mail- ' sounding phrases and in rounded priods of various political and sooiit! problems, but the man who has not first and for most the earnes! d- sire to brinu about ;?-comliivm under *1"? ~ . x*.. M ^7., J W'lliCll tllO iSIlUf Will (HI !!.* Mill (in:; in pi*ovi(iinic ihe facilities tor the ele-: uv ntary education of the no ciy white; children of the St;?te. is unworthy oi j public trust. White supremacy, the | very foundation upon which rests j our social fabric in the South, is in-; volved. "I have pleaded with the legislature; of my own State along this line, and.] ' -J" - 1. i -1, ' while I did not s-ponre l.ne rener wuh-m ( T asked, some sort of?st~p was made! in the risrht direction, at least. Af! the next session of tin* legislature I j shall renew the fi.sbt, and I shall eon-; tinue to mako it. before the ledsla- ; tnre and before the people, until it. is won or until God no longer snares rr>T' ctrfntrth tn lift mv hand and rais^ ' I 1 ?T K'H 1 ?pv?? *V . mv voice in behalf of the white children who need me, in this matter of all matters most vital to them, to South Carolina, and to the South." * * The Elks of Columbia are having a carnival here this w'eek, which began with a good parade, and which promises to be successful. The Columbia Lodge will entertain the visiting Elks j 1 1 I at a banqiret roni^nr. int* nu\? mc, a v. hole-sou led. jolly set of fellows, j and they usually know how to do things right, and do. Did He Mean Newberry Wine or Strawt l???*vr IVivtA? ?n i 7 if j*u Tn the last Sunday X ws there was | a paragraph fro-u H:;rprr's \V?><;k]y, ; r-adins as follow?: "Physicians ;ti Sr>"in Vivo b conducing expcrinT it? *o H'^t<^?"rT7lT"?^ t^?f relative value of \vi?v ? as tonics. For: centuries in? iu^'p oi fnaw juwv.-j erly treated and converted into wines, j was considered the greatest strength-! giver to weakened eonstit'ition. but ! recent tests have shown strawberry wine to bo better. In some locatities in 1 Spain great quantiti s of strawberries are being grown for wine alone." The Charleston paper headed thJ J paragraph "Newberry wine as a Ton ic." What wr want to know is whether the headline artist mad^- a mistake intending to sav "Strawberry" wine, etc., I ^ - or had been reading sketches in The : Herald and News and meant to com-,' pUment it as "Newberry" wine. We * are rather inclined to suspect that he ; intended "strawberry." f U.C.V. EEUNIOS JLT 11113. Palmetto Heroc* letter 2i Auaual Session.?Fcawer Sbeppard Delivers JUfiual Oration. Aiken, April 23.?The annual reun| ion of the South Carolina Division, l.'niterl Confederate Veterans, opened i j here this morning at 10 o'clock, with i literary exercises, addresses of wel| coni'e, response, annual oration, etc., ! in the Thestoe theatre, at which place all sessions will bt? held, and will continue through Thursday evening with j ihe grand ball given ai lilt* Titanian in compliment to Iht oiiicial ladies of the reuaiea. 1 lit* ushers wers 'iiiavoijably slow i:i seating tiie or irore people v. iij f.!< u into .. \-.nre aru if \va.-> vi T:nt;i '."i >:'* ?vfciriy atissuos ' Ul C - " -v .! f'.ili . U.]J oJ2'ii 111*2 i ,- ijt u;t?l MLl O&j:;. C. K. iifcii. oit. i- -in ?;..J ?;* t.h* BaTDari J?. f l ft ill}.', Oi Ai?oU <*DULleitl'jiilS. pi t'.-iiinii;. Ax ti;<* curiaiu roiled n]> the bairi; a* i.-;a? uis a riKuiev oi oai Southern! it.-.: -i 11/1 w i : : n v info " I'll* kl" ,j'w4 a ?r? : Uliif Ka.ij." ?iiLis brought i . : ioii i siioiit :iitfi- SiiOUl, but ilie dm-: o:;slrnlion w.is not in liie least decree : (on.parable with that which burst.; forth from a thousand throats whvti . ?. . the band strut-it up "imie. The presiding officer Lai 11 sounded; I his gavel for order, aDd an invocation ! was ordered up lor the division cbap-' lain. Lieut Col. F. 0. 3 Curtis, D. D, of; Walterboro. Address <if Welcome. The first sprier was the Hon. Herbert E. Gyles, :iify:~ of Aiken, who, in ;1 his eharacreri?ti'>.iJj Lsppy manner, deliver d a ^ejeiai address ci welcome! to Aiken. Wclc.oiip'n* t.be Veterans also \va.-> | i t'oi. Daiiivi ; Heuuerson. 01' iliis ciiy. | His mtroc? jr rathsr Jitaipreseutation, i.'c * z ' i- a.nown :i - o* r the; Slate?bra':isiit iri'tii shorn* mid e: i.riet on* ' and tilled \vi?r if' .,npv*;?l 0: :5;V r li'.lO:': 1 C* ' ' wokoip.? j! 5i. JJenoerso)} \va-> nally ii: ^ Wijen )>?> iilfi till-'; i.-h <i ilk * i*ijrI"o (Jen. U. K. j>rc;<11 iiitrodiu - i si la&iihiion diaukin^ v, is Bonnet- H. Yo'iDgr, coniniaurier-iiiciiioi' :hv conference, for iiis selec- j1 tion o' *Cl. IJ slid t r soe io cJ-eiivor the ! f annua* miu.'H at the Ct.&tt&noog? Re-; j union. lesalution continued by ' ( conuin't iL'jf \he TiiEdom of *.??n ; j Youngfe traction, and was notliin^ ; t short tt i flaunt triliutt tc Cci !, Hlende TfCB. Tfi resolution received ?, a proirff taefrnd, and by a rising vote'' 1 was unsimidutly Adopted. j j The of welcome to the Sou^ j. of Vetoracfe aad ibeir lady attendants'] was de*u*??i bj JISMdtfiL JjhnfGZL j Then, ?t cccDtrander.of the division. j1 Gen. Tejwrae, tendered the gavel j and formally asiumed official charge of the fuitter sessions of the conven- , tion. fiesponse. Re sponding to the several addresses ' of welcorrte was Col. W. H. Edwards, of Chester. He thanked Aiken for inviting thena here, "when everywhere else we wen? neglected." He said they had all heard of the cnarm 01 Aiken, but rhat she was truly more charming tlia:i had ever been depicted to the out?!'] \v >r!:3. orviclurlin* v ith profuse f-.s& T.-.iii- c 10 ihe Hf'vt' that "In t;ja fuuij. * t:j.? J on spot ; i >f? )j#4n:? ' :a :*!'' Th- nnmnl orator !Ti-? u::e;:j-i.v was the ?f ?.& John C. Slieopard, of; a former governor of South; Carolina. < tiT st.iil actively i ismireu ; v.V.:: the af" vrs err monweal li. ' - int. rod ir?. #:i r-i if it-id ~?cil?ruus ? ar:*Iauso ar ' of: 1 ' Hurrah .< Sh^pparo! Come on governor! Go:i b> ss, von old man." ; Kx-Governor Sheppard Speaks. Governor Shcpnard spoko without , any maniiscfp*. to erMesivcr C': r j)Ort his < ! e* th would bo useless,' si:uv> snob e fort would serve only to confound the rorhirUr and hob].! ?gi:i fer but little if. i!ic ciftiit i.t=s<?i'?<id bj thf orator ol the occasion, whose el- : fort was trt'.y a masterpiece, aito-! ( gether apprc .ilate. At all times a speaker of most distinctive ability, be j: surpassed hir .self today, Is the cut-1 spok-n opinio v ol ail who 7er heard ; -.no.A- Tt ;n.impfi tvith lire wiStlOm : , Ill ill fcpcurt. n of the staesma l of old who oade South j Carolina's hisi ?x? a record u? siajoa- j sivo glorious s \ ri:i6E.:a. It lame.] with the fires f FiHUi- tiClE itT^tJKUi I 4 with veneration and reverence, love and care for the survivors of the Confederacy, and was aflame with the firea and traditions of the old South. Governor Sheppard concluded amid a whirlwind of prolonged applause which was equalled only by the ovation extended Governor Blease at hit presentation, whlchi was preceded with the introduction of Gen. C. Irvin Walker, who was most cordially and heartily received by his comrades. Governor Blease. Governor Blease's speech was comparatively short but singularly pleasing tof listen to. It was absolutely i r--ee from the vitriolic attacks customarily accredited to him in his public utterances, and breathed only of veneration and love for the Veterans, lie : renounced as a most unpardona' e the alleged effort of some hisrorinns to misstate facts and change TtcoKiJ?. ami demanded that such &flircd 1* accorded the contempt due th-m, and the proiHPr facts procured. "Thorp aro some moneyed interests at work," he said "trying to change that history and place on its bright jve s other naims when yours should n learn thereon." And he urged a concerted. united, organized movement to disrupt and shatter any such movements. He had no doubt that this would be done, 'because he said, "the foundation of tbe South is the gallantry of its men and the chivalry of ita y At the cocclueicn of b!a address Q?T<-rnor Blease vras presented a beautiful bouquet of roses bearing the card of Mr. and Mrs. Glenn Hankinson, Miss Tossie Hankinson and Mr. and Mrs. Lewis T*7ccdv/ard. Clmrcli of the Redeemer. 'Rev. Edward Fulenwider, pastor.) i Nothing preventing, the following i be the program of divine services ;!i the Lutheran Church of the Redeemer noxt Sunday: 11 a. m. The regular morning ser- ' ice. 'Ilie paster will preach the second in the series of special sermons. The subject will be, "is Morality a - ?? ? *x _ Substitute for cnnsnanuyr iwi, Matt. r>:2<). (1onte\t, Matt. 5:17-32. This is a serious subject. Jesus said, 'Two men went up into the temple to pray; the one a Pharisee and the other i Publican. The Pharisee stood and prayed thufc with himself, God I thank thee, that I &m sot tf otlflr mm extortioners, unjust adulterers, or sven as this publican. i last twice m the week, l give tithes of all that I possess. And the publican, standing afar off, would not lift up so much as his eyps unto heaven, saying, God be merciful to me a sinner. I tell you this man went dow to his house Juitifred rather than the other." 4 p. m. Sunday school meets. There aro teachers and classes for all who attend. The short talks on the lesson by members of the school are very helpful. The public is cordially invited to all the services. "i ' The Flies. A most terrific warfare is being against f!J*es a!! over the land. W-i would n^vpr do anything to stop If. but w'l.it we want to know is how did thp old people manage- to pull rhro'ji'h v.-irh their fives in past gener:<r:cn< whfT) they didn't know anything ; > ' fiez! 1 i ifc.s ?ca?? prog?*sses, the babies of some future generation will ho rhrown into ?pa?ms just by Iook;*,nr r>t a My. A fly has grown to be s :vi< ?.:ornhi;;i *7i*h toes of i!r':>:rT ftrnj a <7e.Ty Jeecrliitiin out or" r! proportion to ftis body. But, v.-rst ti;p fly, and the more you swat rh? more he'll be here. !?? IIarm? TTa* ACCeDtfi). Tuesday's Orangeburg News carrie* the following: "A 'etter was received this morning from Rev. Dr. J. H. Harms, of N'ewb-rry college, by the local Comman3ary Knights Templar, accepting the invitation *o preach befor-: the Commandarv on the evening of May 4. Dr. Harms, is expected to arrive in Cct-ifdaT nf^-br or early Sun cllf Cil; C1.1V14 . day racrnins. It is probaMs that hs 77i] 1 iTct.c'ii at the LulhtMan church ic 1'iz mJHjfcig j.3 i Tt-f ?'* U * rcniir.fl \ I at tin MVftig* e>i i:': !n if!.? ? r?