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VOLUME LI., DUMBER 08. NEWBERRY, S. C., TUESDAY, DECEMBER 0, 1913. TWICE A WEEK, |U8 A YEAH. DAVID D. GA1LLARD DIES IN BALTIMORE ^ DI G (TLEBKA Cl'T AND CONQUERED FANA3IA ( ANAL SLIDES ^Engineer's Death Culmination of Breakdown Following Hard Work on Canal. DnltimAro ATH Dpn^mber ~j.?-Lieut. Vl 4UU.) ^ Col. David Dubose Gaillard, United .States army, who directed the engineering work in the Culebra Cut, a -division of the Panama Canal, died at Johns Hopkins hospital here today. Lieut. Col. Gaillard had ?een a patient at the hospital since August 27 last, suffering from a growth in the head, t:ne result of seven years' arduous labor in the tropical climate of the Canal Zone. He failed gradually "but steadily, and for the last two months had been in a state of coma, due to the pressure of the cramal growth upon the brain cells. The physicians decided some time ago that an f operation was useless and might hasten his death. He is survived by his widow and a ? T.ifmt. David P. Gaillard. United | States army. Botfh were at the bedside J -when the end -came. Native of South Carolina. Lieut. Col. Gaillard was born at Winnsboro, S. C., in 1854. He graduated from West Point Military academy in 1884 and since that time had won many honors in the engineering services. A bill was introduced in congress last month promoting him to the rank of colonel in recognition of his distinguished services which cul' minated in the great engineering feat in the Culebra section of the Penama Canal. -1 _ v. ? ? woe flnnHprl hv W IieLl cl C/UL ?> ao uwuvvi the blasting of Gamboa -dike on October 10 last Col. Gaillard lay unconscious in his bed at the hospital here. Due to Hard Work. b Col. Gaillard's death is the culmina' tion of a breakdown incurred by long hours of work and exposure in the Canal Zone, where he pitted his skill as an engineer against the shifting soil of the Culebra Cut. To him had been given the most difficult task in connection with t'he canal's construction, to master the landslides and quicksands I which extended for eight miles along [ the line of the Culebra Cut. k. During the early years of his contest ??noil lord nPV I wita tne ianusaucs ^ui. er knew what a morning was to bring I forth. Over night the mountains movf ed and covered wuh their deposit the ' tracks, and even the cars. which were used to remove material. The -Culebra Cut runs through the backbone of the American continent. Gaillard dug indomitably until hill after hill found its angle of repose and he ciieckk ed the landslides save at Cucuraeha and points nearby. There the sliding C was persistent, but had visibly weakm ened, when the engineer was eompellm ed to stop his work and seek rest. J Saved Government Money. ?3 ^ Uif WArl* For the greater penou ui mo ' on the Isthmus Col. Gaiilard was (without a chief assistant. He wanted to save money. He gave his attention not 011 ?y to t.he* great engineering problems, but 10 all the details of shovel work, train work and drainage. He checked up on the small things and once it was computed that by his careful oversight he had saved the government $17,000,000. with him said that W .?1CU he gave twelve hours of each day to I the Culebra Cut. In addition he had I a voice in ail matters pertaining to ft engineering work in the zone, to civil administration and to the general conH duct of affairs. The hard work, the V nervous strain, the worry and the tropV ical climate combined broke his health W at the hour of his final triumph. There r was little left there to be done but l to remove the soft earth of the slide at " Cucuracha. I Final arrangement for the funeral have not been made, but the interment Avill take place in the National Oemetarv at Arlington on Monday afternoon it exDected that the body will K be removed to Washington either toHftfnight or to-morrow. (iaiiianl of ('iilebra. <Editoraai in Washinton Times. October 10.) T%>-day the waters of Gatum Lake arc pouring into the Culebra Cut and soon V the way will be clear for the passage H of the first boat through the Panama f Canal from ocean to ocean. It is a tragedy that Lieut. Col. David Du B. Gailiard, the arm engineer who conquered the landslides and dug the great Culebra channel, cannot be present to witness the unchaining of the waters and the final proving of the integrity | of the tropics. 4 Lieut. Col. Gailiard saw t,:e virtual i completion of his work at Culebra and ; on the hour which saw his triumph | he was stricken with illness and today whpn the ceremonies attending the j letting in of the water are in progress, he is lying ill in a Northern hospital. When this army engineer began work at Culebra. six years ago, he knew that | his great work must be the overcom[ ing of the landslides. This has been I written of his labor: "Gaillard made his way lighting. Literally he was obliged to' shackle the feet of the moun" tains. He did it, and t;:e chaining is for all time. His work done, the engineer broke under the strain of it." The name of Gaillard will be connected with the engineering work in Culebra Cut for all time. Engineers say that his task was one of the hard est which the canal work presented. The letting in of the water to-day marks the beginning of the end of Panama Canal construction. At the time of triumph the man who made the triumph possible should not be forgotten. WHALEY SAW AFFIDAVITS; MAYOR GRAC E DISPLEASED Urges Chairman Post to Order an Investigation?Case to Come Up Later. Washington, December 5.?Elections Committee Xo 1 did not take up the Grace-Whaley case at its meeting today, the attention of the committee being doveted entirely to a Michigan contest, and the South Carolina affair not even being mentioned during tne session. Until the papers, which have been sent to the public printer, have been j returned to the committee in printed j shape, which will take a day or two, i there will be nothing done. Even after the printed record is in hand, for j the convenience of the committemen,j they will be allowed a reasonable time to study the data thus exhibited, and j it is unlikely that the committee will take any definite action in less than a week. Mayor Grace has written a letter to ChaiFman Post complaining of the fact! that Representative Whaley was allowed to see the affidavits filed with the committee previous to its adjournment two months ago. The Mayor j claims that this was unfair and urges at length that the proper procedure would be to order an investigation and follow the rules of law, summoning witnesses and taking their testimony i at once, without giving the other side j an opportunity to prepare to meet the I evidence in advance. Mr. Grace says that what he expected has happened, and that Whaley has used the interim of two months to undermine the Grace affidavits. There is no reason to believe that J the committee will follow the mayor's suggestion as to the method of tak -A TKa im_ j ing testimony ai mis sia^c. xug mi pression now is that the case against Whaley is crumbling as a result of the counter affidavits submitted by the congressman a few days ago. Mayor Grace communicated with Chairman Post, of the elections committee, today over the long distance telephone, insisting upon fair treat ! ment by the committee. Mr. Post de| clares that the committee has no intention of being anything but fair to all concerned, and sees no ground for apprehension to the contrary. Santa Clans has brought every known toy from the "land of make ! believe" and "toy land" to our dear I little folks in Newberry and has them I placed at Robinsons ."> and 10 cent store for s; t'e keeping 'till you are ready to take them home. The Herald and News contest ; slides will be shown at Arcade j tneatre every night till contest closes. I Don't forget that Robinson's "> and < o nmnl r>t o lino of j 1U C'yill HU1C K.CII 1 .v CI ...._ ( staples, such as dishes, crockery, tin ware, glassware, odds and ends in hardware, etc. i i i Contest notes, standing of contes1 j tarns, etc.. will be shown every night* it'is yeek at Arcade theatre. I KILLING ACCIDENTAL iS INQUEST VERDICT ATTORNEY GENERAL PEEPLES TO STAND TKIAL, HOWEVER. Tells Jury of Tragedy.?Had no I)iTiienlty with Negro Cook, According to the Testimony. Columbia, December 7.?That Robert -Marshall, the negro cook at the Klks' Club, came to his death last night from the accidental discharge of a pistol in the hands of Attorney General Thomas H. Peeples was the verdict of the coroner's jury that investigated the shooting to-night. This means that the Attorney General will be hrought to trial at the next term of court for accidental homi cide. The Court convenes during tne first week of January. The formal bond will be arranged to-morrow before Coroner Scott. The Attorney General was released to-night on his own recognizance. The trial in January is regarded a mere formality, but is necessary unden the law of the State. All the testimony brought out at the inquest tended to show that the shooting was an accident. Attorney Gen eral Peeples himself made a statement j to the jury in which he explained the discharge of the pistol, his reason for having it and all the matters leading up to the unfortunate occurrence at the club. In effect Mr. Peeples stated that he had placed the pistol in his automobile yesterday when his mother went with | her brother to L6xin^ton. The return I trip was made by Mrs. Peeples with a strange chauffeur and he desired that she should have the pistol for protection. When he went to the Elks' Club at 10 o'clock last night he took the pistol out of the car and carried it upi stairs to the club rooms with the ini tention of leaving it there. Says He Does Not Carry Pistol.. "I do not carry a pistol," said Mr. Peeples. "and wanted to leave the i weapon at the club." He said that as ! he walkel behind the buffet to place the weapon near the cash register Capt. J. H. Weaver, who was standing behind the counter, asked him to let him see the pistol. He stated that he was handing it over when the pistol discharged, killing the negro cook, who was standing in front of the buffet at J the moment. From the testimony of other witnesses it was brought out that the pistol was cocked. Mr. Peeples stated that he did not know of this. "My Cod, what have I done!'" exclaimed Mr. Peeples when he saw the negro fall after the discharge of the' gun. "I felt like blowing out my own brains" he said. All witnesses testified the attorney general was distressed and Sheriff McCain said he wept as he told him of the shooting a few minutes after it happened. The supposition is that the hammer I of the gun struck the counter as Mr. Peeples handed the gun to Mr. Weaver; and it was thereby discharged. Sheriff McCain made an examination of the room that bore out the statements of witnesses with reference to the range of the bullet, and the doctor's testimony also confirmed this. >o Words with Negro. All witnesses agreed that no words % passed between Mr. Peeples and the negro before the shooting. The other negro help in the club also testified to this. Capt. .1. H. Weaver, conductor on the Southern Railway, bore out Mr. Pecpies' statements with regard to the discharge of the gun. Capt. Weaver says he was standing right next to the attorney general. Assistant Attorney General Fred. H. Dominick appeared as counsel for Mr. Peeples and questioned witnesses briefly. Solicitor Wade Hampton Pobb, of this circuit, appeared for the State. He will be the prosecuting officer at the trial. Governor Blease was present at the hearing tonight, but took no p::rt in the proceedings. The little 11 n-i 1.-it.o- octnhlish:npr)t i uuni at mc uuu^i vii.inij, was crowded. The pistol that did the shooting was a curious affair, being (:. of ;'ie ol:l-t:m > Colt's 4^-calibrc. The inquest was postponed from 5.30 until 7 o'clock this evening, when it finally took place, lasting one hour. Awaited Arrival of Blease. The inquest was set for noon today. Governor Klease and Assistant Attorju y General Fred. Iiominick left New INDICTS TEUASIKEK FOli Tut DEMOCRATS I Arther H. McLean Charged With lieteiving Campaign I oiinoiilioiis From Companies, j : Xew York, Dec. 4.?Arther A. McLean. treasurer of the democratic State committee, late today was in!;* 4 - -1 * TAV vAoiiivino UiULt-'U UU IHU LUUllta ivji campaign contributions from corporations. i^veiett P. Fowler of Kingston, the alleged "Tammany bagbas," already uuuer lnuicciiienL tor extortion, again was indicted, charged with soliciting a campaign contribution from a corporation. The indictment of McLean makes the third growing out of the district attorneys investigation of Jojm a. Hennessy's charges 01 graft in t.u State highway department. The first count against McLean was chiefly based on the testimony or Alatnew \ an Aistyne of Albany, an officer of the Shaughnessy Construction company, who testified that he nad sent a campaign contribution of $1,000 in tnc lorm oi a banK draft to McLean ir October, 1912, and received therefoi McLean's receipt. The Second Count The other count was based on testimony of Harold V. Owens, secretary and treasurer of the Dale Engineering company of Utica, that in the same month he had sent a check for $401 to McLean as a campaign contribution for his corporation. 1 The new indictment against Fowlei ! was based on Uwens' testimony thai I Fowler uad solicited hirn tor the con [tribution. Under the State laws eithei : the solicitation or the acceptance o: ! a campaign contribution from a cor ' poration is a misdemeanor, punish laDle by a year's imprisonment and < i _ ^~ _ J fine of $I,UUU. AO warram was 13 I sued for McLean's arrest. It was uiv | derstood he would be given an oppor ! tunity to surrender. SJio^vs the Draft. 'Corroborative evidence in the Vai Alstyne count was introduced befor< the jury in the form of the origina of Ue $1,000 draft and tae postoffic< registry receipt for the letter in whicl it was inclosed, signed by E. .J. Burke a messenger in the employ of th< Democratic State coaimittee. The canceled check of the Dale En gineering company, indorsed with Mc Lean's signature, was a part of tii; ! corroborative evidence introduced ir | support of the second count. | The grand jury today did not hav< time to hear all the witnesses in th< lease of Tnomas Hasset, lormer ^ecre I tary .o Stale unigmeer cienZi, c.iai^ei ,hwitli navi.ig solicited a bribe iron. Madi. on H. Aldrich, a Poughkeepsi< contr.ictor. I Tho 11 witnesses called to testifi: -against liassei. were subpoenaed t< return tc morrow. The district attor ney's John i>oe inquiry at which th< evidence Uo~inst inose now under in dictn ent q.-ginally v.*as brought ou aicn will If rrr.rniGu tomorrow. ?,Ior< contractors are expected to tesiiliy ^ to having been "sandbagged" fo campaign contributions. P. E. Way, druggist is displaying the attractive, wristlet watch to b< given December 19 in The Herald am News contest. berry at 10 o'clock in order to be pres ent at the investigation of the shoot in<r when thev had not arrived a midday the inquest was postponed un til 1 o'clock. At that hour the auto mobile of the governor had not yet ar I rived and notice was given that the in | quest would he held later. J Solicitor Cobb, of the fifth judicia circuit, was present for the State t< 'conduct the investigation. Corone Scott presided owr the inquest. A number of prominent men attend ed the hearing this evening, i Governor Blease and Assistant At | torney General Fred. Dominick wen j to Newberry yesterday afternoon ii rr.1 J ? I the governors car. 1 ;ic> hcic m ! formed by long distance telephone o [the occurrence last -evening am | would have returned to Columbia, bu i for the fact that it was raining am | the roads were slippery. This morn j-ing request was made that the inques ! be postponed until the governor am the assistant attorney general couli reach the city. The conditions of th 1 road were such that the trip fron Xewberry , 45 miles distant, could no be made in quick time. JUDGE'S LETTERS IN J S. K. WILLIAMS CASE' TRIAL JIDGE PLEADED STRONGLY ! WITH GOVERNOR, : Judge Prince Wrote Twice in Williams' if^iiiui?sentence on Hi> ; Conscience. ! Special to The Herald and News. ! ; Columbia, Dec. 8.?Because he was ] re-arrested by the United States au- ; thorities after Mis release from the; State penitentiary on. parole during S good behavior, there has been a good i deal of comment in regard to the case ' of Samuel K. Williams, who was con' victed in Charleston in October, 1908, of violation of an act providing pun5 ishment for safe-cracking, and sen: tenced by Judge George E. Prince to serve fifteen years. Williams was in L the governor's Thankgivings list of ! paroles during good behavior. ! me governor aciea m uns upon two letters from Judge Prince, the : trial judge, which are as strong pleas 1 in behaif of a parole for Williams as could possibly have been written. Tney are peculiarly interesting, and. in ! one sense of the word, somewhat remarkable. Judge Prince said in his letters that he could not relp feeling > that he gave this man a sentence eni tirely too severe and that the sentence ' was on his conscience. ' j Judge Prince's two letters, which : will be read with interest, are as fol lUttS. Anderson, S. ., June 6th, 1911. Hon. Cole. L. Blease, Columbia, S. C. . j Dear Governor: In looking through my desk tMis morning, I came across the letters of S. K. Williams, convict, and St. Julian .Jervey who was solici1, tor at the time of his conviction, and it has occurred to me that these com": munications ougat to be submitted to jyour consideration. . 1 would especially invite your at1 j'tention to the letter from Williams and s j would earnestly urge you to do some- j j j thing for this man whose sentence is a: on my conscience. I can't help feeling I [that I gave this man a sentence en: tirely too severe. I hope you may see II your way clear to either parole or par; don. 1 cheerfully assume all responsibility for this recommendation. . j Yours truly, 11 (Signed) Geo. E. Prince. , i "Yorkville, S. C., Sept. 12, 1913. : Hon. Cole. L. Blease. Governor of }! South Carolina. Columbia. S. C. : I - i Dear Sir. I am taking the liberty | of inclosing for your consideration a 1 , letter 1 have just received from one S. K. Williams, who is now conlined in - the Siate penitentiary, serving a s- n! tence or' fifteen years, passed u; on f him by me at Charleston, S. C., in , ^ie > fall of 190S. for the crime of having in his possession burglar's tools. I f.ist 3 gave him ten years and one month, " and because of some insolence in open t court, 1 added four years and eleven 3 : months. At the time I p.is~od f- lid ^ , sentence, under my construction or i r j the statute in such case provided, I was of opinion that if I gave Mm ten years or less, 1 would have to put 2: i him on the county chain gang, and felt 3 I e j certain from his past record that he 3 would make his escape from the gang in a few days. Hence, in order to - : make sure of him. 1 sent him to the - . penitentiary, as above stated. He then - ' became very angry and insulted me in t open court. In order to punish his - contempt of court. I added to his sen tencr as stated above. When 1 fir^t - .sentenced 'Mm, ny purpose was to ask < - j the governor to pardon him aft^r a few years. I thought this course wiser 1 ; than putting him on the chain gang, I 3 j where I was certain he would remain | r j for only, a short time before escaping.! I I am now thoroughly convinced that - ! he lias been adequately punished for j any and all offenses committed in t >is - Of.itn I 1iiiv> in oarnpctl V lirP' I OUUC, clIIW I JViH 1111*1 All v,ui > t J ing your excellency to hear and grant i i his prayer for commutation of sen | tence to five years. It might be best to f parole him. Please do one or the oth3 er. as I now feel that 1 gave him too . 1 \ t , severe a sentence, and if I now had 'he , j authority to do so. I would with cheer - ! ful alacrity suspend the remainder i t j of raid : likuu-c. This is the same 3 | man about whom you and I ":ad some 3 ! correspondence a few years since. e . If you have not the time or patience a | to investigate this matter fully, then t please refer it to pardon board, but j I would infinitely prefer to have your DEATH LIST ON BRAZOS OVER FIFTY Scores of Refugees Said to be in. Imminent Peril?Loss May Reach $5,000,000. Bryan, Texas, December 5.?A death list of more than fifty, with scores of iiood retagees spending to-night in imminent peril and possibly a taousand others marooned and suffering from prolonged hunger and cold, was indi cated Dy to-nignts reports irom me flooded Brazos River bottom, in this section of South Central Texas. For over fifty miles the Brazos was three to five miles wide and running with mill race speed. The known dead in Texas floods numbered thirtythree before reports from the inundated territory in this district late to-day began coming in. Couriers' reports indicated at least twenty more lives lost. About twothirds of the drowned were negroes. v Reports indicated that the property loss would total $4,000,000 to $5,000,000 when losses along tne Brazos are added to the already heavy damage in other portions of the State. Won \furtir) vipp r>rp<siripnt and ^ general manager of the International and Great Northern Railroad, was drowned at Valley Junction, near here, late to-day, while attempting to rescue marooned flood victims. His body has not -been recovered. ENGINEER KILjlED Shifting Engine Backs into Seaboard Freight Train Several Badly Injured. ?I Columbia, December 5.?0. L. Brinkley, engineer, of Raleigh X. C., was instantly killed and the negro fireman, named Dixon, seriously injured when the switch engine on which they were backed into a north-bound Seaboard freight train early this morning at the foot of the Seaboard Congaree trestle, in the city limits of Columbia. Conductor C. B. Orrell, Engineer D. P. Corn well, Flagman Mann and the negro fireman of the freight were injtired. Both engines were demolished and one flat car of lumber smashed. 1.:e wounded were all rushed to a local hospital for treatment and the track cleared with little delay to traffic. The accident occurred at 5 o'clock this morning. The freight train was coming into the station and had just cleared the long trestle, which spans the Congaree River, when it ran into a switch engine, which was backing out of a siding on to Lie main line. The suddenness of the contact gave the engineer of the switch engine no chance to save himself by jumping and he was crushed to death. The negro fireman escaped with his life, but was badly wounded. Xo cause* has been given for the wreck, but an investigation is being conducted by the railroad officials. The track was cleared of the wreck by 9:30 o'clock tliis morning, and the passeno-or tfyinc frnt tTirnncrh with only a Li {3^* V* O V W CJ tie delay. The railroad commission investigated the wreck, visiting the scene in a body, and will later conduct an investigation into the cause. It is said that the wreck was caused by misrerading of orders. # Manager H. B. Wells, the genius of the opera house, has arranged his electric sign so as to make it read "Vaudeville," 01* "Picture Show", or any word or words of not more than eleven letters, as there are eleven spaces in the sign. You have heard of reversible things, and double-back-action things and the like, but that sign is a "sign of tne times." Great is Wells. Go to his shows and show him that he is appreciated. Tiiere is nothing like showing appreciation, and Newberry hasn't got any too much of that attribute. personal consideration of this man's case. Yours truly, (Signed) x^i. r iuitc, v P. S. Please excuse haste, r am writing in open court." In view of the earnest request from the judge, Hon. George E. Prince, who tried and sentenced this man to the penitentiary, as above set forth, the defendant having served five years of . the sentence imposed upon him. he granted a parole, during good behavior, November 25th, 1913. 1