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He ^ccolD anD Jems. Etotered at the Postoffice at NewIktt. S. C., as 2nd class matter E. H. AULL, EDITOR. Tuesday, December 7, 1915. We print this issue of "The Herald and News on Tuesday. We were late last week in getting out the issue of Friday and we decided to let this one come out on Tuesday instead of Monday night, as is the custom. Then we wanted to carry the message of the president to congress which convenes today in probably the most important session, in its history. It delays the paper on the rural routes one day, but carries news that we could not otherwise carry until the Friday issue. We appreciate more th.an we can say the many kind things we have heard about our anniversary edition. There are a few things we would xath-A?> VlOVo Vl O r? A 1 ff ClTCk.n + if hilt UUT^ liau UiUWl VUV XX ?I V wuv we feel that it is rather remarkable that there are no more errors than what are there. None of any special consequence except the one that says that Judge F. M. Schumpert is dead. We are pleased to say thai he is not and we hope he may be spared many more years. KEEP COOL, MR. SWEARINGEX. Of course we will print the letter or our state superintendent of education, not as a patriotic duty but as a matter of justice. We have no desire to misrepresent him or the facts in any matter, even his statement to the contrary. We published the facts in regard to his decision about the Zion school just as they were given to us by Mr. Hayne Folk, who is a trustee and who has alVways taken a great interest in the school. As those facts were told it was a unique decision, and that was all that we said. If you didn't make the de cision, Mr. Swearingen, it would have been so much nicer, and more gentlemanly and becoming to your high position to have said we were mistaken, instead of saying it was a "willful misrepresentation." Now, honest, 'twixt me and you, wouldn't it? But you got mad. And you exploded. You shouldn't do that. And then to intimate that we woman t nave tne mannooa to print your letter; now, twixt me and you, not to go any further, that wasn't nice either; do you think so? Mr. Folk stated that there was the necessary enrollment this year. Whether there is or not we do not know. Certainly it would seem a little early to tell what the average attendance will be for the year, and then a little later there may be more enrollment. We do not care to discuss tiie matter, however, because there is nothing to discuss. <TIie four mill tax was voted during the term of 1912 and 1913, and before June 30,191i3'. And not during tlie next term of 1913 and 1914, as stated by the state superintendent. As to the personal references of the state superintendent, we have only to say, that the head of the school system of a great state should not lose his temper so easily and explode with ugly epithets. It is not nice, Mr. Swearin-. een. and vou should not do it. Aq to your being autocratic; why, bless your! dear soul, you can't help it, you got it ' honest, and you should be proud of it., Even. jyour best friends will tell you chat?we mean those who are really your best friends. And you should not get sarcastic. No, no, it is not in keeping with the great trust which you hold from the people, especially wh&n you are dealing with one of the humble citizens. You just go along and do your duty and don't you ask Col. Aull anything about what you are going to do. And, no. no, again, bless your heart, it does not take a great deal of manhood to print your article. It takes more space than it does manhood. But Col. Aull will criticise your official acts whenever he feels like doing so in his paper so long as he runs one, and he will always send you a copy, as he did this time, and you will not have to depend on amy other friend to get one. We mailed you a copy of the issue which contained the article on the unique decision. We frequently mail you a copy whenever we have anything on the schools, because you have always pretended to be interested in anything we might say, but we see that when we happen not to agree with you we may expect a flood of indigna tion from you but it does not h\irt. "Take it from me," Mr. Sweariugen, you will feel betfer just to console your heart in patience and not write ugly things, and permit the "cat to look at the moon," and keep cool, Mr. Swearingen TWO NEWBERRY BOYS MEET TRAGIC DEATH IN CAPITAL. (CONTINUED FROM PAGE 1.) j have oil in it. Mr. Schumperi said that he picked up the lamp after the 1 accident. He was questioned as to 4- V\ /-? ? ? a 1 J rrn Ar? f V* n nr APfi n O'O wucLuer mc iiguib vii llikz Liuooiuo.? sometimes went out and he said that a wind would sometimes extinguish them, but he was sure the lights were burning when the accident occurred. The train was going at about eight miles an hour when the engine crossed, but was probably making 15 miles an hnnr when ta.il end nassed. ac cording to IMr. Schumpert. He testified that no oil had been placed in the lamp since the tragedy. John Mitchell of 616 Elmwood avenue, who is a section hand in the em, ploy of the Seaboard Air Line, said he i was standing at his front gate when the accident happened. He was going away on an early morning train to at! tend his grandmother's funeral and ! wras bound for his sister's house, across the railroad, to find out the time, when I the tragedy occurred. Mitchell deI -? i j I i i. / ? a c I ciareu mai ne was auout ou icei. uuui i the scene. He saw the automobile | coming down the hill and saw the j lights burning on the crossing but ! thought the occupants would see the | warning. He said the automobile was | running "pretty fast." He didn't know j how fast the train was going. He said the gate was down and that the automobile did not seem to slow up before the collision. .When asked if he saw an automobile go west a few minutes before the accident, he said he did not, but that he was in his house at the time. Mitchell declared that the headlights on the wrecked automobile were burning when he saw the machine. Train Was Extra Freight, S. E. Burns of Cayce, yardmaster ror the seaDoara Air juine, saia inai he was called to the wreck. He dressed hurriedly and came to the Elm wood crossing on a motor car owned by the railway. Mr. Davenport's body had been removed and Mr. Swittenberg's body was being taken away when he reached the scene. He said that the freight train was extra Xo. 303, with 42 cars and a caboose and was substituting for regular freight Xo. 80. He tes V/-? Sfl \x-rviilH Viovo a s/^Vi : uled right-of-way, but. that this extra, | No. 303, would have only a right-of| way by orders. The train, he -said, was scheduled to make 35 miles an hour. E. M. Lancaster, a patrolman, testi: fied that on the night of November 1 29 he docketed a charge against the late Mr. Davenport for reckless driv| ing, and that Mr. Davenport put up c j cash bond, which he forfeited when the i ; case was called for trial. He said ( that he did not have his stop-watch [ j on Mr. Davenport that night, but that j j in his judgment Mr. Davenport "was I ! running about 40 or 45 miles an hour, j I therefore he placed the charge against ! him. This occurred on Hampton street. David Campbell of 1010 Bryan street, locomotive engineer on extra No. i303, said that the first he knew of the accident was when he reached Camden : and was notified. At Camden he ex- j amined his train carefully and found that there was a hole in the bottom of the twenty-eighth, box car (counting from the engine) and that the trucks were scarred. He testified that the gates were down at the Elmwood crossing when his train passed and that the lights were burning. The speed at this point he said was about six or eight miles an hour. He said he had 42 cars and a caboose, some 30 of which were fruit express cars. Condactor Testifies. C. G. McCreight of Hamlet, N. C., conductor of extra train No. 303, testified that hp wk /ridine In the caboose on the right hand side when the train passed Elmwood crossing. He said that the lights were burning on the right hand side, which is the east side, j but he could not say about the lights j on the left side, that on which the ac- j cident occurred. He said that his train left Cayce at 1:35 o'clock and it was about 2 o'clock when he passed Elmwood. The speed he estimated at 10 miles an hour. The train consisted of 42 cars and a caboose, 29 of which were fruit express care. J. A. Scott, coroner for Richland county, conducted the investigation, with an occasional question by a juror. The jurors were R. A. IMazyck, R. C. King, I. W. Mayfield, F. M. Bultman, A. T. McCaw, A>. G. Taylor, G. E. Epting, J. P. Moon, J. K. Tarrer, W. j H. Roberts, Max Speers, . T. Langley and T. A. Berley. j Funerals in Newberry. The bodies of Ashby Wilson Davenport and William Calhoun Swittenberg, the two young men who were killed when their automobile collided with a Seaboard Air Line freight train, were taken-fo Newberry this morning on the 7:15 o'clock train. 'The families of j both the young men have lived in Newberry many years, and the double interment took place there this afterirv !t> T> /-?c q.tt-1 n.TL t si&TYI&f" O.W TT11T1 M 1 11UVU I jll JLWVOUiJUVUl/ \yV/UlWV* j * MM serveices of Mr. Davenport were held at 3 o'clock. Those for Mr. Swittenberg being held one hour later. The Christ t There will be become a member, j plan for providing I "Members starting i incr fivp ppnt.fi pnp.h ~ J an( / Members starting five cents each wee J am Members starting ing two cents each < an< % Mpmh^rs star tin ing two cents each J Be One of th with you. It costs ] first payment. You On Wed THOUSAND club. We exD i dollars/ members, anc We invit stances may I THE TheE Ashby Davenport was about 21 years old. He came to Columbia within the last two years as a representative of the Atlantic Life Insurance company. His father, J. D. Davenport, was once i a member of the wholesale grocery j firm of Blackwelder & Davenport. Lat- J er he organized the Exchange bank of Newberry, of which he was president during the first years of its existence. The family for the last few years has resided on. the Davenport plantation in Saluda county. William Swittenberg was 22 years j old and had been living in IColumbia! three years. Upon the completion of i a business course in Columbia, he as- I sumed the duties of bookkeeper with j J. M. Van Metre, furniture dealer. Two brothers, George and Richard Swittenberg, accompanied the body to Newberry. J. D. Davenport, ihe father,' and lieorge j^avexiywi v, a. m ? arrived in Columbia Sunday afternoon. | ' I SOLE SURVIVOR TELL HIS STORY | ! Frank Falls Says He Shw No Train Until Automobile Crashed Into Cars. fThe State. "That the said Ashby Davenport and William Swittenberg met their death by running their automobile into a freight train-, No. 303, e^tra train taking the place of No. 80, on the morning of December 5, 1915," was the verdict of the coroner's jury inquiring into t TUESDAY DEC Lumiiier mas Saving Will open for i no restrictions Old and young We extend a broad invitation 7unds for Christmas. I with 5 cents and increasweek for fifty weeks, get i P63.75 3 interest. y with $2.50 and decreasing 1 k for fifty weeks, get 563.75 d interest. j * with 2 cents and increasweek for fifty weeks, get ^25.50 1 d interest. g with $1.00 and decreasweek for fifty weeks, get $25.50 e First on the Liat. Start wher rou nothing to join. All you hi may join as many classes as yo nesday, December 15 ) DOLLARS in cash ect our 1916 Club to Many have signifiec i we anticipate an es e you to join with us. se. vou will find the n COMMEf lank That Aiwa) the collision early Sunday at Elmwood t avenue crossing between a motor car l and a Seaboard Air Line freight train. ? A number of witnesses had been examined Sunday afternoon, but in order t to get the testimony of J. Frank Falls, one of the occupants of the ill-fated j <?+>,?. v,0!ir5npp was. continued I'l t V/ * *** 0 -II ?W- ? until last night. Mr. Falls was suffering from shock Sunday afternoon . and could not be present. He went to . Newberry to attend the funerals yesterday. His train returning to Colum- . bia was late last night, therefore the , inquest was not resumed until 10 f 3'clock. Mr. Falls and two other witnesse were examined. Tells of the Start. t -?? _ 1- - 1 11 Oft TMtyI ivir, raiis sa,m ue uutuuo ?i. wood avenue and works for a music house on Oervais street. After com- 4 pleting his work on Saturday night j he went home about 12 o'clock. There a he met Mr. Davenport and Mr. Swit- z tenberg, who also boarded at 1126 ? Elmwood avenue. He said he was with I Mr. Davenport and Mr. Swittenberg t from then until the time of the acci- 1 dent. t The coroner asked Mr. Falls whether 1 I they went out Elmwood westward a ! few minutes before the accident. Mr. s Falls answered that they drove out as t far as the street is paved, which is i j near the cemetery gate, and then J t turned around. Mr. Davenport, he said, j i was driving the car. Mr. Falls de- j \ : clared the speed of the automobile 11 to have been about 15* or 20 miles an' t EMBER 14th. cial Bai s Club for enrollment will be welcome. Everyone i / to ail to participate in this pi Members starting with one rig one cent each week for f $12.75 and interest Members starting with 50 c ng one cent each week for f $12.75 and interest Members paying 25 cents j n ftv wppW.<5 orpf. L-LJ.VJ ?? VVWJ & $12.50 and interest Members paying 50 cents ? fifty weeks, get fcoc nn <P6?I.VV and interest Members paying $1.00 a fifty weeks, get , $50.00 and interest \ i the Club starts.. Get youi ive to do to become a memb u desire. ith, 1915, we will ] to the members o) reach TWENTY T 1 their intention o ctraordinary enrolln , No matter what y loney you save very mil TS Treats You R tour while going westward &nd about < 5 miles an hour when going eastward when tie accident happened. "What was your first knowledge of he train ?" asked the coroner. "Nothing until we hit it," said Mr. falls. IMr. Falls said that he didn't see the rain before the accident. He declared hat the exhaust pipe of the automo>ile was cut off. He said that he was hrown from the car and landed on he ground between Mr. Davenport and dr. SWittenberg. He is of the opinion hat his- elbow grazed a box car. He emembers only one crash and that vas when the automobile collided with he freight. Safpfv Rates Down. "After I was thrown out I noticed .he crossing gates were down," said Mr. Falls. "I didn't look for lights, ,nd I didn't notice whether there was l torn up lantern." Mr. Falls said that is they went westward on Elmwood ie noticed lights burning on the right land side of the gates. He said that ie was conscious when he got up after .he accident. Mr. Davenport, he said, lever spoke. R. F. Van. who lives at 2023 Wayne 1? - - -i _ i. 1- ? "1 ? Vvl /s rtly r\ nrnrr r? i J iireei, aoout nan a uiwn <?n a.j, o<*i.u hat he was called to the scene a few nJnutes after the tragedy. Mr. Van estified especially regarding the lightng at the crossing, saying that there ras a street light 133 feet from where he machine struck the train, but that he train was between the occupants I V ik's 1916 4 in the family may easant and easy - cent and increasifty weeks, get * / ents and decreas 4. iity www, get \ ; : > i week fixed for \ # i week fixed for . / . * U week fixed, for y r , . f . i \' ' j f . . ^ . 1 ; % . r friends to start 4 >er is to make the iay EIGHT \ F our 1915 HOUSAND f becoming lent. our ciicumconvenient . I ITff -I Aim ] ight. 1 ? 1 of tiL-e car and the street light; Mr* g Van said'that when he reached the scene three of the gates were- up, and fl the other was down, broken, 'With a g suauerea laniern aanguug ou its t?ro. ? MM The other three lights were bunmag, J| Mr. Van explained that it was the rule I , to raise the gates as soon as the trail BH passed, hence the hoisting of the othe B three gates. " V R. W. Rabon of 2021 Wayne street, a^H section foreman for the Seaboard Air? Line, who is foreman for that part oifl 1- x *?_ ? ?xi.. ^ aSH me iracx on which ui.tr a-cuiutrut, uc-n -curred, said he was called to scene, and reached there about 13 <miT]J utes after it happened. He found Mr*B Falls in the middle of the track. The I automobile was standing headed north, parallel with the railroad track. Two I men, he said, were lying on the ground, 1 one dead and one still breathing. He H told the flagman at the crossing to stop any train that came that way, and | then notified officials of the railway, I who in turn called the ambulance and I physicians. Mr. Rabon said that he^ I questioned IMr. Falls and found out H who the injured young men were and ] where they worked. When Dr. Har- H mon arrived Mr. Davenport was rushed? to the Baptist hospital and Mr. FallsH left the scene in the doctor's automo-TB Questioned regarding the lights the crossing gates, Mr. Rabon tested that the light on three of the ^gafcST I were burning and that the one on the H fourth was broken and was hanging m on the smashed gate. VJij : ? J|'