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' - ? ^ ???? * ? ??? I I ' ' ! I 1 "' III . town LI, XCMBER .. NEWBERRY, S. ft, TUESDAY, MAY 13. WIS. TWICE A WEEK, IUO A YEAB. "Personal Use Must Cease POSITION TAKEN AS TO THE "WEBB'I LAW ABLE ARGUMENT BY ASST. ATTY.j GEN. DOMINICK. ? - ! Contends That Liquor Shipments Only i To County Dispensaries Are Now Wltiiin tite JLaw. Special to The Herald and News;. Columbia, May 12.?That any ship ment of liquor into South Carolina whether for personal use or otherwise, is prohibited by the Webb law, recently enacted by congress, as ; applied to the whiskey laws of this State. is the position taken by the State of South Carolina in a brief filed in t'hej JIAM fn^av V>i7 Assistant! supreme cuuic uwc i,uuuj Attorney General Fred H. Dominick. If this position should be sustained by! the courts, in the construction of the j Webb law, even bona fide "personal^ *- * * ? ~frnm with, t use ' Snipmt-HLS Ul nquui ii uiu ...v.. | out the State will b<* prohibited. It is now against the law to ship liquor from one point in this State to another i point in the State, and under the as- j 1 ?nAnctrnp. I sistant attorney gcem CLl O cvuoki uv tion, the only way for a man to pur- j chase liquors in South Carolina will be to buy in person from a dispensary. The brief of Assistant Attorney General Dominick, on the part of the State, is filed in the case of W. W. Atkinson, plaintiff, against Southern Express' company, defendant, a proceeding; brought to test the effect of the Webb law. The brief is an exhaustive, though brief, statement of the construction of the law as placed upon it "by the assistant attorney general, and , .is an able paper. The brief cites the section of the; Code as to shipments of liquor from point to point within the State, and the assistant attorney general says "'there can be no question that this section had and has the effect of ab^w-??&!utely f.reventing the shipments of liquor from point to point within the j "State of South Carolina. Common carriers will accept for shipment intoxicating liquors from the city of Columbia to the city of Charleston (although both cities are in dispensary counties) unless the shipment be from dispensary to dispensary, or by the duly authorised agents of the dispensary to another dispensary." The brief goes on to Contend: "But lor the protection of the interState commerce clause, there is only one method of lawfully obtaining, receiving and possessing liquors in the State of South Carolina, and that is by purchase from a county dispensary for a lawful purpose. All other liquors are deemed and expressly declared to he contraband and may be seized without warrant." Assistant Attorney General Dominick contends that the Webb law has tak\ en away this proteption of the internnmrnorfo clause and concludes tc*. IA, VV****?v. ? ? - * "his strong argjiajgnt in these significant words, on behalf of the State of South Carolina: "Now that this protection has been withdrawn by the Webb Act, the State laws apply equally to shipments from without the State as well as to shipmpnts within the State." I The case is of the most vital interest, and is being- closely watched throughout the country. May Party. The mission band of the Presbyterian church will have a May party on Mr. Alan Johnstone's lawn on the .. . - <-> ' - 1 ~ -1- i night or tne it?in ai > o ciucty. 01 the features are a May pole, dance and j chorouses by farires and elfs. The j Xewberry Concert band will play j while ice cream and cake are served, j g*. Admission adults 10c., children, ">c. I ' 5-12-2t. ! I Roberts-Hattoii. . t ! Married on Wednesday at Pomana, j by the Rev. S. C. Morris, Mr. Wm. D. j Hatton, of Pomaria. and Miss Jennie f I,e> Rob rts, of Monticello, FairSeld j county. ^ Shipments , Says State BOYS COR> CLUB Holds Meeting And Hears Addresses By Mr. Barton and Mr. Long. No Tick Money. The Boys Corn Club meeting was called to order promptly at 11 o'clock Saturday, May 10, by S. M. Duncan, county demonstration agent, with a goodly number of boys and men pres ent, wfro gave clo&e attention to talks made by W. H. Barton, district agent, Col. Alan Johnstone and W. W. Long, State agent, and at the head of the extension work of Clemson college. After the addresses, the members elected officers for the year as follows: Arthur E. Derrick, president. W. H. Brown, vice president. Carroll Mills, secretary. Walter H. Craps, treasurer. The following preamble and resolutions were passed: Recognizing the importance of the Boys Corn Club work, and the wisdom of the originator, J)r. Seaman A. Knapp, in inspiring the boys to stay cn the farm, by proving that they can g-et profit out of the soil by tilling it irf a better way, and making farming profitable, therefore, be it resolved, ^lst. That we will ever remember Dr Seaman A. Xnapp as a benefactor to the farmers of tf-e South. 2nd. That we will strive by our ef foris to make our county second to none. V 3rd. That we appreciate all favors, and consideration shown us in 1912 by all parties. 4th. Thi't we feel inspired by the addresses m,ade by Mr. Long, Mr. Barton and Col. Alan Johnstone to do better and greater work for 1913, and wish to express our thanks to them. Clemson Colleen, May 7, 1913. j \Tr 9! M Hnri4*an X'pwherrv. S. d. Dear Sir: Referring to previous correspondence relative to tick eradication work in Xewberry county. As 1 will have to submit my budget Tor tick eradication work on Monday, May 12, I am writing to learn the resultsof the canvas of your county so that I may know wrhether or not to include - ? ? 1 j?"* - %vt aaaoo <"? ?%-*r f AT" in my uuugei me ctuiuunu ucvcooaij iui work in your county this year. If you t'eel that your county cannot raise the amount requested, I will not ask for an appropriation and will suggest that Newberry county be placed below our present quarantine line until such time as the county can cooperate. As stated in my previous letter, we are ready to begin work in Newberry county at once if you can raise the sum requested for appropriation. Please give me an immediate reply so that I may know whether or not to include your county in my budget for this year. Very truly yours, Id. Ray Powers. Finding that the amount ?vas not raised I wired Dr. Powers Saturday, May 10, Newberry county did not raise the amount asked. I request all township committeemen to return the amounts collected to the contributors and I thank them for their efforts. S. M. Duncan. T --^nn/lov WIiaaaI /kf fll/O l lit* jiUiuritiii iiiiuuaj vi i?v Church of the Redeemer Joins the Holy Trinity Sunday School in Picnic at Little Mountain, Saturday, .Hay 17. All the members of the Sunday school are urged to take advantage of this opportunity to spend a pleasant day with our sister school at Little Mountain. There" will be various forms of amusement for the children, besides free refreshments and a picnic dinner. Mothers lav aside your household cares for a few hours and renew your youth by joi^^s; your children in a day's outing. But if for ? tViic" eonH any rtfusuu >uu c?ij"".ul uu imo | your children anyway and we will see that they are taken care of. The railroad fare for the round trip will be 60 cents for children over 12 years of age, 30 cents for children between 5 and 12 years of age. The train will leave Newberry 9.20 a. m.. COURT GRANT >EW TRIAL Supreme Court Grants A >ew Trial To Negroes Convicted of Murder At Florence. Special to The Herald and News. Columbia, May 12?The supreme j court today granted a new trial in the case of Harry Mcintosh and John Wil- ! liams, two negroes who were convicted | of killing Andrew Jackson, a little white boy in Florence. i The body of the little boy was found j in an empty freight box. The negroes j were convicted and sentenced to death. I The case excited great interest at the \ time and when the negroes were ar- ' rest-sd the erwas a great deal of ex-, citement. The new trial is granted on account of error }n admitting certain testimony. PRETTY GIRL I> AUTOMOBILE. After Mldnfelit Hour Mother in Newberry Wakes Autolst to Ask lVhere Her Girl Is. There occurred in Newberry one night last week a little episode which, had it been in Atlanta, would have created a near sensation. A young man engaged an autoist to take his car and drive with him to a certain residence in the city of Newk"?" TV.,* iTAimcr man hud pn pn UC1 I J. 1UC JUUUf, UV.V. gagement with a widow's daughter to take her to one of the moving picture shows. The girl waf ready to go and started to get into the automobile, and the driver was anxious to get off with the couple, but the mother appeared upon the scene and tried to put a veto on the subsequent proceedings. She didn't like it a bit, the moth er didn't; sne naan t ueeu a muun more than once for nothing. The young man liked it; so did the girl, and the driver of the car said it wasn't any of his business?he was there to carry out his part of the contract. The widow protested vehemently; -she-didn't want her daughter to get into the ' ' * J v ? " ?\ 4- (Y/\ t r\ O auto witn tne young uidu to g,u ?. picture show. In fact, she just couldn't allow it. The daughter, her escort and the driver all tried to per suade the mother to go along with them. No, she couldn't do that. The daughter told her mother positively it was the best and only thing to do, as she herself was going with the young man, and her mother could do as she pleased about it. "" * 11 r\ on/1 thnVft rnnce qicl me car olo.il auu bu>w did the mother stop it with a repetition of the same scene. In vain the mother waged her verbal warfare?the daughter went with the young man in the auto, and the driver carried out his part of the instructions. But where the widow wsnt was not known to those immediately interest* - ed in the proceedings, Decause aner midnight the driver had retired, he was awakened by a rbone message inquiring as to the whereabout of the young lady. He didn't know; he had carried the coaple back to the girl's home after the show and had left them there, as that was all he had to do. The girl was finally located at a friend's house, whither they went upon A iV. SN +Vl Qt* \X70 P Tint" Jit nnamg mm uic muvu&i nu^ . home upon their return from the show. Well, to make a long story short, the mother made h-er daughter get up, dress and go home with her. r Death Near Klairs. J Mrs. Sallie A. H-enderson died at her home near Blairs. on Wednesday. May 7th, at 6 o'clock, afcer an illness of five months, aged S'2 years. She leaves to mourn her d-?ath, two child-j | ren, James M. Henderson, and Mrs. j \V. B. Whitney, both of Blairs, and six; grand Children, Mrs. M. E. Abrams, 6f Whitmire, Mrs. T. C. .Jeter, of Carlisle, Miss Winni^ Henderson, blisses Daisy, Rena and Lula Besse Whitney. I on one grandson, F. H. Whitney, all of I Blairs. and four great grand child-1 j ren. She was buried at Ebenezrr M. E. j church at three o'clock Thursday. i and returning will arrive here at 6.44 p. m. There will be accommodations for all. A baggage coach will be provided for the dinner baskets. Please lable your basket. CLEMENCY EXTENDED BY GOVFRNOR BLEASE SUMMARY OF REASONS MOVING THE CHIEF EXECUTIVE. Two Pardons And Two Paroles Grant- , ed.?Three Defendants White, One Ne?ro. I I Special to The Herald and News. Columbia, May lS.^Governor Blease ] on Friday afternoon and Saturday ex- : tended executive clemency in four ; cases?granting pardons in two and paroles in two. Three of the defen- i dants are white and one colored. i C. W. Lee, white, convicted at tne j1 February, 1913, term of court for Dar- i lington county, of obtaining signatures on promissory note by false pretenses, and Fentenced to pay a fine of two hundred dollars and to serve upon! ; the public works for six months, was granted a pardon. Petition was presented by the Hon. Josh P. Kirven and Mr. B. L. Outlaw. The affidavit of the < defendant's attorney, Geo. H. Edwards, was to the effect that up to the very ; moment of the trial propositions were \ made to the defendant and nis aitor- < nev by the prosecuting witness, M. S. ; McKinnon and his attorney to with- j draw the indictment and to have a ] nolle prosequi entered upon the payment by defendant of $125. The af- i j fidavit was further that defendant admitted the debt and signified his in- , tention to pay the same, but was unable to do so on amount of serious ;iln/vof, nn/4 1 ovnonsps a iimccd aim uu x v, ^ther misfortunes he had suffered since giving the note. The affidavit deals further with the proof in the case. In addition to the affidavit, the testimony of M. S. McKinnon, the pro- . secutor in the case, and other testimony was presented. In granting the , pardon, Governor Blease said: "From . .. ... I reading tne testimony, it is evident iy clear that the affidavit made by Mr. Edwards is absolutely true; and, in my opinion, this was simply a criminal prosecution to either frighten this man into paying a civil debt, or to force him to pay it rather than to be prosecuted; and, having made it a rule since I have been governor to absolutely refuse to allow the criminal courts to be made collecting bureaus, , and having called the matter to the ( attention of the general assembly, and, in addition to this, having declined requisitions whenever it appeared that j they were to be us?d for such purposes, and in view of the affidavits ( hrewith submitted, the defendant is , hereby jpardoned." ( Will McDonald, white, convicted in York county in 1905 of robbery, was ] pardoned to restore citizenship, having already served the sentence, some time i ago, of two years and six months im- j posd upon him. The pardon was strongly recommended by the board of pardons, upon the recommendation of prominent officials and citizens, me i petitioner has recently been appoint- \ ed a constable in York county, and \ desired pardon in order to perform his | duties as such. < Floyd Miller, colored, convicted at ; the October, 1909, term of court for ] Lancaster, of burglary and larceny, i and sentenced to serve seven years, ] was granted a parole during good be- i havior. Senator T. .T. Strait, of Lan- 1 caster, who is a prpqticing physician, submitted a certificate to the effect ] that the defendant, who was on the ? chain gang, was suffering from a ser- j ions kidney affection, and calling at- i tention to the fact that the petition was signed by tfie foreman of the grand jury, probate judge, olerk of court, and other prominent officials ] and citizens, including practically the entire citizenship of Van Wvck, at ( which place the burglary was com- j j mitted. Dr. Strait certified that the j ] defendant was incapacitated for any- J1 thing like arduous labor. The prose- | j cutor in the case, whose store was bur- I ^ glarized; wrote a personal letter say-l( ing that in view of the four years al- , ready served and th*?. physical condi- ( tion of the defendant, he thought the t punishment had been sufficient, and j would be glad to see a pardon grant- j ed. . j r>r\r\ oH at thp LJUU UISUCI , W UHC, ^UU'IWVU I t March, 1913, term of court for Bam- j i berg county, of manslaughter, and I j s-entenced to two years' imprisonment, j < was paroled during good behavior, and upon the further condition that he abstain from the use of alcoholic liquors. The boapd of pardons recommended clemency in the following woras: "Mr.' Jones A. Williams was heard in behalf of the petitioner. This is a very strong petition, signed by eight of the jury who tried him. Sheriff S. G. Ray, Magistrates H. G. Free and J. C. Copeland, Auditor Rowell, Treasurer Jennings, Senator Black, Mayor Smoak, Editor Rowell, Member of Legislature Jacob A. Hunter, Hons. W. S. Bamberg, S. G. Mayfield and others. We also find a SDecially strong: letter recommending clemency from the jlerk of court, C. B. Free, who heard ;he trial. Under the showing made we recommend a full pardon." SEWS OF PROSPERITY. >Tiss Susan Quattlbauni Wins The W. P. T. F. >redal.?Old Folk's Dav at Grace Church. Special to The Herald and News. Prosperity, May 12.?Rev. W. E. Henry, of Due West Theological seminary, spent the week-end with Rev. D. G. Davis, and preached an excellent sermon in (the A. R. P. church Sunday morning. On Saturday Revs. UT/w>'myt ?-**-*rVo trie Do rr QV?/"ko!c LICiil J CL11U JL/ft V iO v lOXb^u x Ui x uuvu'Wt Mrs. J. A. Simpson . has returned from a short visit to Newberry. Dr. and Mrs. G. Y. Hunter spent Moniay in Columbi?. Rev. J. D. Kinard, of Greenwood, spent Thursday night with Rev. E. W. Leslie. Rev. E. W. Leslie made .one address at the closing exercises of Excel sior scnooi on Jtriaay mgxiu Mrs. K. D. Martin, of Columbia, is the guest of Mrs. Z. W. Bedenbaugh. Miss Rebe Langford, of Spartanburg, spent the week-end at home. Mrs. L. M. Calhoun, of Barnwell, is visiting Mrs. C. M. Harmon. Mr. W. J. ''Wise is spending a few days in Columbia. Mr. and Mrs. .T. B. Bedenbaugh. of Pomaria, are visiting Mr. and Mrs. J. * M. Werts. - , Miss Ellie Cousins, of Newberry, is ill at the home of her sister, Mrs. j Frank Merchant. > Miss Susan Quattlebaum won the W. | C. T. U. medal at Little Mountain Friday night. Grace Sunday school invites you to attend the annual service Sunday, May 18, 1913, "Old Folks Day." Rev. Lynn, of Pomaria, will deliver the address. An invitation is extended to all other denominations in town. The entire day will be spent at the church and everyone come with well filled saskets. Children's day will be observed at the eMthodist church Sunday afterr?i< fnur n'r>ln/>V t Rev. D. B. Groseclose, of Ehrhardt, risited his relatives here last week. The Woman's Christian Temperance LTnion and the Missionary societies of :he different churches will meet under :he W. C. T. U. department of cooperation with missionary societies in 3race church Tuesday afternoon, May I?,. at 4 o'clock. Dr. J. S. Wheeler, R.ev. T. H. Garrett and Miss May Domnick taking part in program. Mrs. J. D. Quattlebaum with Mrs. M. C. Morris and Mrs. C. T. Wyche will give the nu sic. All members societies, the active and lonorarv members of the W. C. T. U. ind everyone interested in these two ;reat causes are urged to attend this neeting. ^ i V Pretty Picture For ?>vberry and i Other Cities. F i 17! truer HIIRO The State Federation of Women's ^lubs has met and enjoyed tlio hospl:ality of Florence, and has gone back lome with most favorable vipws of he city and people of Florence, and Jor our part we are better off for the Drier acquaintance >\ 1U1 LUC wumcix Df th-? State who are making things nove in the State, and best of all, our )wn people have been brought closer ogether and are richer for the better knowledge of each other, and for the ?nct that they have been successfully ioined in a great and a successful unlertaking. The convention has brought is all closer and to a better and more intimate knowledge of the virtues of ?ach other. BARNARD B. EVANS IS SUSPENDED BY COURT STTPRFWF PftlTRT TNnFFfNITELY DISBARS ATTORNEY. Opinion Written by Acting Chief Jostice Woods, Associate Jnstics Concurring. Columbia, May 9.-?Barnard B. Evans is indefinitely suspended from the practice of law and deprived of th? rights and duties of an attorney with, the privilege of moving at the end of two years for reinstatement upon satV* ft vt Af ISlciUlUI y yiUVL lUdi uc uo{j uut u>}bu, intoxicating liquors for two years, in a unanimous opinion of the supreme coi^rt this afternoon. The opinion was written by Acting-Chief Justice Woods, and concurred in by Associate Justices Hydrick, Watts, Fraser and Special Associate Justice S. J. Nichols. That B. B. Evans endorsed and misappropriated to his own use a check ior uc;uugi'^ lu ucui6c u. Salter, which he had secured for Salter as his attorney sjid that he misapplied to his own use money which he had collected for the Murray. Drug company from J. E. Dowling were conclusions reached by the court. "Allowance Must be Made." The charges wb*oh Evans mad? against B. W. Crouch and E. W. Able, ?XA "' C*-ln^n fVinf fKatr 117QTA SllOmCJ'S Ui Oitiuua, uiai mtj nvtv i "thieves, incendiaries and blind tigers," and against Sheriff Sample, of Saluda, that he was a "thief," the court held were false and recklessly made. Saye the court in this connection: "It is not for this court *o animadvert up- ; on the prevalent exaggeration and excess in public speech so discreditable | and misleading. Allowance must be | inafi-9 for weak raer who drift with a current into untrue statements, and who assume one character in private life and another in public speech. A charge of falsehood against an attorney so weak as to meet expletive with excess in the heat of political camnaign would rarely be considered hv the courts in disbarment proceed| i-n<rn p?t untrue asservations with [ out probable cause made Dy a member of the bar that certain citizens have sto!en or burned specific property is a serious offence, going to the foundation of character, and must be weighed by the courts especially when coupled with other offences showing a r^okless disregard of professional duty." Speaks of Fine Famllj. The court speaks of the fine family - - * ' ? Ji- J from which the resp^naeni a-escenaeu, the splendid influences in which he was reared and accounts for his present "low estate/' by "the reason for his fall may be found mainly in the fact that the respondent is an inebriate." The opinion continues: "All men know that the pers^tent use of alcohol has made liars of the truthful, knaves of the honett, and traitors of the faithful. Under itg Influence the rotnAnHont Tine in mind and morals staggered along the devious path that leads to the abyss." B. B. Evans is a resiednt of Columbia and has been practicing law here for the past few years. The charges against him were brought to the attention of the supreme court by J. Fraser Lyon before he retired from the office of attorney general. Solicitor W. H. Cobb represented the State in the disbarment proceedings, while C. P. Sims, of Spartanburg, and P. H. Nelson, of Columbia, represented the respondent. _ PRESEST STYLES BAD. Denounced by South Carolina Episcopal Council. i Charleston, May 10.?That .the styles in women's dresses are rending to "break down chastity and purity" and that the general convention of the -' of Vija' Vrtrb chrmM (Juurun LU urr uciu av .iv AV>u ? take action were features of a resolution passed during the recent session of the Episcopal diocesan council of South Carolina. The resolution through an oversight .was not given to the press until tonight. MB H|