The herald and news. (Newberry S.C.) 1903-1937, May 13, 1913, Image 1
' - ? ^ ????
* ? ??? 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|