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YOLUME Lin., 5U3IBEK 91. DEWBERRY, S. C., TUESDAY, DECEMBER 14, 1915. TWICE A WEEK, $1.50 A YEAR. YORK COUNTY JDRY * ACQUITS MOWER SAYS HE SHOT TO -SAVE HIS OWN X LIFE. Verdict Received in Silence?Resume of the Testimony?Other Cases Continued. ) * After being out one hour and thirty minutes, the York county jury which tried Ernest Isenhower, charged with the murder of Raleigh Boulware at Winnsboro on June 14, returned a verdict of not guilty at 3:30 o'clock Friday afternoon. The result was heard in silence by a packed court room, there being 110 sign of demonstration of any kind. ^ The verdict was returned immediately after the convening of court for :he: r afternoon session, the case having been ! given to the jury at 1 o'clock, after I which court was adjourned for the1 noon recess. Ernest Isenhower, testifying in his own behalf stated that he knew Bouiware and was friendly toward him, i that he had shot at Boulware only after r Boulware tad twice fired at him and ? then fired onlv one shot in defense of i his own life. Isenhosver said one of! the billets fired at him went through the left shoulder of his coat. In testifying as to the occurrences on the day of the Winnsobro tragedy,; Mr. lsenhower said, "I was somewhat! excited, but whatever I did was done with deliberation and calmness.'' ^ Every seat in the court room was occupied when court convened at 9:40 o'clock Friday morning. Many per-1 sons were turned awav by the bailiff j sons were turned away by the bailiff be-! cause there was no place to seat them. j The York county court house audito-! rium will seat only about 240 persons, ! Former Governor Cole. L. Blease, chief counsel for Isenhower, spoke an hour and ten minutes to the jury and \ < made a powerful argument on the facts as presented before the court. In con- j eluding his argument he told the jury that the state of South Carolina was : watching them and waiting their ver* ^ nAt Vih/iQiicn nf TTVn. VLit;t WILU liixcicoi,, uvi vi utu est Isenhower or the law of South Car-; b olina, but because they were anxious; to see whether the 12 men would up-! W hold the women of South Carolina. Before the conclusion of Governor j Bl-ease's argument Judge Rice warned 1 the audience against making any expression or indication of approval or disappraval of anything that Governor Blease or Solicitor Henry might say in their appeals to the jury. "You must try this case in accordance with the statute law and the testimony. If you disregard th6 law, then there is no safety in this country,' said Solicitor Henry, who spoke to the jury for about an hour. In his charge to the jury Judge Rice told that body the*.' eoud not return j a verdict on the grounds of the "un- j L written law." The indictment was'j handed to the jury at 1 o'clock. After the dinner recess of the court on Thursday afternoon, Albert E. Hill,! solicitor of the Seventh judicial circuit, opened with the argument for the state and was followed by A. L. GasI ton of Chester for the defense. T. F. L McDow of York, for the state, and John g R. Hart of York, for the defense, re rspectively, presented their sides of the case to the jury Thursday afternoon. Among the witnesses heard for the defense was the Rev. J. P. Isenhower, a Baptist minister in charge of three r churches in Fairfield county, who told of being in Winnsboro on the day of the affray in which his brother Clyde, Sheriff Hood and Boulware lost their lives. He told of talking to 'Clyde Isenhower in Dr. Douglas' office about 2 or 3 o'clock in the afternoon after he was wounded in the morning, the fatally shot brother saying: "Johnnie, T am shot all to pieces. I can't live. I will have to turn my business over * to you. I want you to take my farm, work it out and pay my debts. I want you to collect my life insurance and take care of my baby." The witness said that when be spoke to his brother about preparing to meet ^ his God, the wounded man replied: "I WL have been praying and T am all right.'' Wk On cross-examinrtion, Rev. Mr. Isen^B^hower said he had not anticipated any r trouble and did not see either Clyde \ or Ernest Isenhower on the mornin? of the Winnsboro affray. He said that he might have asked Clyde Isenhower not to get into any trouble. Ke stated that <\V. L. Haynes, a peace officer, had told him to take Clyde Isenhower away from the court house in the morning, and the witness replied that he was not apprehensive of any trouble He might have stated to Haynes that Ernest Isenhower was calm, he testified when the state was endeavoring to show that the Isenhower men were prepared to make trouble. However, he went to the court house, but could not find Clyde Isenhower. When the state tried to establisn that there was animus between the Isenhower family and Sheriff Hood, the Baptist minister said that all the Isenhowers were close personal friends of the dead sheriff; that A. D. Hood had visited his home on many occasions, stopping with the preacher frequently and often dined with him. Testifying as to the criminal assault, the minister said that Clyde Isenhower on/1 t Vi <r\ whnlo prvniniiinitv '.vlloro tho young woman lived were aroused. He said that he had six brothers, two of whom were peace officers, both on duty in Winnsboro on the day of the shooting. T. J. Rabb of Rock Hill, who was at Winnsboro shortly after the shooting, told how he saw Clyde Isenhower, wounded, in the office of Dr. Douglas, and that Clyde Isenhower made the following declaration to him: "I had nothing against Mr. Hood, and did not want to shoot -him, but I did want to shoot the negro?and 1 aia. u-od tola me to snoot tne negro? and I did. Sheriff Hood shot me in the arm and then I shot Sheriff Hood." Ernest Isenhower Testifies. The third witness to take the stand Thursday was the defendant, Ernest Isenhower. He is about six feet tall, and weighs about 180 pounds. His face is oval, clean shaved and slightly" fiorid. He has a determined chin and calm placid gray eyes. While undergoing a gruelling examination for an hour and fourteen minutes he showed little nervousness and his answers were delivered in an even voice. He is a man of more than ordinary intellect, as shown by his high slooping forehead and slight bald head, crowned with, jet-black hair. He testified that he is a native of Fairfield county; was 30 years of age last May; by profession a school teached. Taught school in Florence county, near Lake City, for the past five years. When his school broke up he returned to Fairfield county to spend his vacation with his mother, his wife being dead. The witness testified that he had seen Clyde and Mrs. Isenhower one week and four days before the shooting. He received a letter from his sister, residing in Fairfield county, last May. informing him of the criminal assault. Ernest Isenhower stated that Clyde Isenhower had lived seven miles from Winnsboro and the only police protec tion afforded that neighborhood was a brother?rural poMceman?who resided eight miles away. The neighborhood is thinly settled with white people, he testified. Before leaving for Winnsboro on June 14, the day set for the trial of i Jule Smith, the negro alleged to have committed criminal assault, he slipped the revolver, which he had bought a J year ago in order that he might have | protection for his home in Florence, in his pocket, thinking should the negro attempt to escape he would help in his recapture. He said before the affray au me wuj l iiuu&c iit; n<iu <1 cuuicicuv-c with Judge Wilson and Solicitor Henry in the endeavor to persuade the latter not to bring the young woman alleged to have been assaulted into court because of her physical condition. Story of the Tragedy. At the time of the shooting he was in the court house yard, he stated, and saw his brother Clyde with his qoat over nis leu arm ana ms revolver jij his right hand. At that time Sheriff Hood, with the prisoner, was going up the steps into the court house and was about four steps up the second flight of stairs. He swore he saw Clyde shove his hand between the railings and shoot the negro. Sheriff Hood, he testified, then shot Clyde in the hand and Clyde dropped his arm. Boulware Shot at Him Twice. He swore at this juncture he pulled his own revolver and rushed toward the steps, where he was surrounded by deputies. He claimed that Raleigh Boulware was- on the steps and shot at him twice, one bullet going b:y his head and the other through the shoulder of the coat. (The defense introduced a black serge coat, with avhole in the left shoulder, which Ernest Isenhower identified as the one he referred to, in evidence). He swore that Boulware, after shooting, turned and went up the steps; that he (Isenhower) did not shoot; but, he continued, as Boulware turned again, leveling his revolver at him, he fired at the officer. "I don't know that 1 hit him; I h^re. ? - * i . i - a t i . 4 _- a:*; ?.a j serious aouois tnai i am, ne lesimcu. j Saying that he knew Boulware was ! a rural policeman, and that they were I friendly, the witness, disputing testimony of the state brought out at the trial, denied that he had cursed' Boulware at the time of the shooting, swearing that he had never used an : oath in his life. He reiterated his declaration of self! defense by saying: "I shot at Boulj ware to save my own life. He had al* . ready shot at me twice. I was in the crowd to protect my own brother, Tconhnwor A ftnr T firpr? thf j ViJ UU iVJVUWV " V* . AAil V* *. v. V ?V I shot I went into the court house to /see mv brother who was shot by many f people?seven times I know." !' On cross-examination Ernest Isenj hower declared it was not his custom | to go armed; that he nor his brothers had any avowed intention of violating j the law when they, went to Winnsboro ! cn the morning of June 14. Xo plan ! had been formulated, he stated, j "I had never been armed before in ' my life," was the answer to a question ; from the state. ! He said there was practically no in I i termission between the general shootI ing and the last shot. He did not know who fired the last shot, he said. | He swore that when he shot there wer-3 , several men shooting from behind the column. "I was somewhat excited." I he admitted on cross-examination, "but whatever I did was done with deliberj ation and calmness." He swore there were five balls in his pistol when he j left home and that he fired only one ; time. The state placed W. L. Haynes, poMc-eman at Winnsboro, on the stand in reply. The witness said that the ' morning of June 14 he met Ernest and Clyde Isenhower and Jesse Morrison. Clyde Isenhower stated that he was not going to make any trouble unless they took Jule Smith to the home of the negro's alleged ivictim, then the negro would never come back alive. The witness declared that lie told the trio that Sheriff Hood would never give the negro up; and Ernest Isenhower said that he did not expect any | I trouble, but if there was he would I "plug the damn the first i j thing." The witness swore that Ernest i Isenhower was referring to Sheriff : Hood. On cross-examination by the defense < j it was brought out that Haynes' j commission did not extend beyond the ' borders of Fairfield county and that I Winnsboro officer admitted that when ! lie was searched before being allowed into the York court house a pair of brass knucks was taken from him. He ; explained by saying that he changed coats before leaving home and he for; got to take out the knucks. The Circular Staircase. In "The Circular Staircase," the five | reel Selig Red Seal play which will be shown at the opera house on Thursday, December 16, (Manager Wells believes i he has one of the best offerings of the | year. It is a mystery film, based upon ! the novel of the same name by Mary Roberts Rinehart and features Eugenie Besserer, the celebrated French actress of the Selig company. A murder occurs in a house located in the country and suspicion is cast upon almost all of the characters in turn. There seems to be some solution that the detective who is working on the case has not bit upon, but this is so carefully covered up by the events which occur that no i /~>n n u-Vt/-v coco tVic? film r>ar\ irrmcrinp v?ix^ vr au viiu ***"4 0-.** -w what it can be. Not until the climax occurs is the real culprit exposed and then it is sprung as the greatest of the many surprises which occur throughout the film. One of the most exciting parts of the film is where Aunt Ray, the leading character, struggles with the villian in a secret room, i The villain escapes, but in his flight | falls down the circular staircase and Ms killed. <S> <$> <^ <$> $> <S> <e> THE IDLEK. <S> ? <^>| <S'<$><?><^<$><?><S><$><$><$><?>'$><$>3><^<$><? I read the following editorial several months ago, I think in the Augusta Chronicle. It raises an imported question, but one that is not so difficult of solution to my mind, but What might seem to me to be happiness might appear to another to be the opposite of that which is called haDniness. But read this interesting paragraph: Is Dope Happiness? One Dr. Arthur L. Blunt of Chicago, was charged with aiding drug users in violating the Harrison anti-narcotic law. His attorneys, seeking a writ of ! habeas corpus, argued before Judge ] Kennesaw Mountain Landis of the Uni- j ted States court, that the Harrison law j is unconstitutional in that it denies to i drug users the pursuit of happiness. ) This opens an interesting field of speculation. Is hitting the pipe really j the pursuit of happiness guaranteed to all American citizens under their con-. stitntion? After they have hit it do j they get happiness? Is not all indulgence in crime and vice open to the same argument? If . you think it will make you happy to; kill your neighbor, doesn't the consti- I tution guarantee you the right to pur-! sue your joy? Haven't you the right,! by the same august document, to | drown your sorrows in drink, to burn 1 your own house or your neighbor's in order to roast your pig; to steal, riot and make a nuisance of yourself generally, if thereby you think you can attain your heart's desire? : What is happiness, anyhow? Is it tie mere sensual pleasure of the mo- 1 ~ - - - - -11 V ?1 ^ I nient, ionowea, as an sucu yicasuicB , are by more than proportionate pain? is it the satisfaction which comes j to a self-controlled being, doing his j work in freedom and tempering his own rights to his neighbors' comfort? i "The pursuit of happiness is our; right. But what is happiness? Judge Landis denied the writ, and I Dr. Blunt was at last accounts pursu- { ing his in jail. ?0? I The Bible and the correct definition! of happiness is in serving others and j making other people happy. What is j happiness anyway? There are just as many definitions to happiness as1 there are individuals in this world, r But the pursuit of happiness, under I the constitution, means tnat l am 101 pursue it just as seemeth to me the right way, so long as 1 do not inter-, fere with the happiness or the rights of my neighbor. If I should decide that it would make me happy to shoot my neighbor, that is not the kind of | happiness guaranteed under the con- j stitution, because it would be an interference with the right of my neighbor to life. If I steal my neighbor's pig, or burn his house, then that is net the happiness guaranteed in the constitution, because I interfer with his right and happiness to enjoy that pig. But if it makes me happy to be stingy j and to love money, then, so long as I j .i _ a. -a ? i ifi + Vi +Viq Viarv_ I CIO HOI Siea.1 OI" llILCliClc niui mc i piness of any one else, I have a right i to the pursuit of that sort of -happi- j 11 ess. And if I want to take a glass j cf beer, and that does not interfere with the happiness of any one else, then that is the kind of happiness I should be entitled to pursue. I just saw a picture of Mrs. Gait and President Wilson in one of the papers. They are both smiling so broad that they expose all of their teeth. Now, that is happiness the pursuit of which is their right. But if dope is happiness or not i I do not know. If the use of it brings j misery and woes and all the evils that are said to follow in its wake, then, it is injurious to my neighbor, and I should not let him have it. And I reckon that is what all these fellows that are regulating human condu-ct by legislation will say about beer?that it is injurious and hurtful, and, therefore, does not contribute to my happiness, and I should not ihave it, and it makes them happy to deny it to me. And that ~ - I they are lonowing we pursuit vj. nap- i piness in denying it to me. That is ! their argument, but not mine. ?o? Now, the purpose I had in writing ( this at this time, if there is any pur-) po.-e to it, is to ask if it is in accord- j ance with that great instrument, which j ?ruaranteee to all the citizens the-right to the pursuit of happiness, to permit! the use of fire works and the shooting of fire crackers and all that sort of thing, when it endangers human life and makes me very unhappy. Especially when they come right around under the shadow of your house and shoot them against the fence and make you miserable because you are afraid that your home will be set on fire. I wonder if the city is going to permit it this- year. I have heard some of it cureauy, ana some '~m. mem are veij j large, and make a great noise, and it is yet some two weeks until Christmas. I don't think that is the kind of pursuit of happiness that is guaranteed in the constitution. On the contrary, I think that the kind of happiness that is there guaranteed is to protect me against any such thing as the shooting of fire works right under my nose, and in front of the little and humble place that 1 call home, because it makes me very unhappy. And j these fellow who enjoy that sort of' ' i - ?? ?"t- J- .J-- J - Al* ~ 4- ! tning nave no rigut 10 uo mat,, uuuci j the constitution, which guarantees to me the pursuit of happiness as a right. Let them remain on their own premises, and then they have no right to burn their own little home, because in so doing they might endanger mine. So, you see, this thing of the happiness that is guaranteed in the cons-titu- i tion is a sort of complex and complicated thing after all. So, after all, the best thing is to adopt the golden I rule and if all of us would do that there | would be more real happiness in the j world than there is guaranteed in the! conscitution, and then there would be little use for so many laws and regulations and all that sort of thing. Fact is, I almost agree with old man Pope? I don't meant the late Justice Popebut I think there was an old fellow away back yonder by that name who wrote poetry, and he said something like this:' " - ? -| "For forms of government let fools' contest, j IW-hat's best administered is best." j Or words to that effect. In fact, we' have entirely too many laws mai ary all right, but they are not observed, and I know if every fellow would just adopt the golden rule as the law for his conduct in his dealing with his fellows, this would be a very mucii better world, and there would be 3 great deal more happiness, by what- ' ever definition it was measured. Don't :>ou? Now, hongst, am I not right? | ?o? I Now, let every one pitch in and have j a good time and be happy and enjoy ! the Christmas time, but enjoy it in a ' * 1 - ^ - ? J viAf ! rational sort 01 waj, zinu su cxa uui i to make other people miserable. Why,1 even as little as I am on the street, j I saw a little fellow the other day run along in front of some one who was J walking quietly on the street, and j seemed to be happv. and this little fel-! low threw something on the street that! was so small that you couldn't see it, j but, my, it made a noise like a cannon, I i and the fellow who was not expecting' anything of the kind was made un-1 happy and miserable for the moment ! The constitution doesn't guarantee the J purpsuit of that kind of happiness: that boy interfered with the happiness of the other fellow and seemed to be j perfectly happy over having made the ! other fellow miserable. Well, I could j never understand how any one could j be happy in that way. But, then, we j are all differently constituted and wha; \ i-T . I makes one nappy wouia mane anouuer miserable. If I had the money I would give every little child in Newberry county some nice little present that would make its heart glad on the Christmas time. In fact I believe that Mr. Ford would have accomplished a great deal more good if he had taken the money put in his peace trip and given it to make the poor happy at the Christmas time. It makes me happy to make others happy. Follow the: golden rule and you will not go far j wrong. Of course, it is supposed that you have at least a moderately enlightened and educated conscience that could recognize right from wrong. THE IDLER. Herald and Xews Results. . j Thursday morning Mrs. J. Partlow j Xeel brought to this office an adver-1 tisement for a lost brooch. She was hi formed thai; an hour before Mr. H. j; W. Dominick had brought in. an ad. j stating that he had found a brooch. Herald and News ads. bring results i before publication. i <e> <$> COTTON MARKET <S> <^ (&<$><?'<$><$><$<?><$>G>G>?<$><$>'$><$'<$>($ <e> dewberry. <?> ? Cotton 12.60c ^ <S> iCotton seed, per bu 65o ^ <$> <? <? Prosperity. $> Cotton ll%c ^ ^ Cotton seed, per bu 64*?c <S> 3> <$> <S> Pomaria. <?> Cotton ll^ic ^ <S> Cotton seed, per bu 63%c ^ & <S> Little Mountain. ? Cotton 11 %c ^ ^ Cotton seed, per bu 63%c ^ ^ <v ^ Silyerstreet ^ <s> Cotton 1134c <3> Cotton seed, per bu 65c & <?> CWappells. <$> Cotton 11 <S> 'Cotton seed, per bu 67%c ^ v >gr <$> Kinards. $ ^ Cotton 11 tyc ^ Cotton seed, per bu 65c ^ <$> <$> Whitmire. ^ <$> Cotton ll^c <s> Cotton seed, per bu 65c ^ <S> PATENT NOSTRUMS HAVE POOR WHISKEY I>r. Hayne Would Hare All Medicines l uuiaiuiH^ UYcr a x er tcui, of Alcohol Barred. Columbia, Dec. 10.?Working in cooperation with the state department of agriculture, commerce and industries, James A. Hayne, M. D., state health officer, in his annual report to the-legislature on the work of the state boar4 of health, says: "We would call the attention of the legislature to the fact that some law should be enacted in South 'Carolina against the exploitation through the newspapers of worthless nostrums that contain a large percentage of alcohol and delude the public into paying largo amounts of money for a very poor grade of whiskey. In view of the fact that the state has voted for prohibition we think that any patent medicine containing over 2 per cent of alcohol should not be sold." Dr. Hayne also recommends to the legislature the enactment of a bill, which was reported favorably by the medical committtee of the house <last year, looking to the better reporting of contagious diseases by the physicians of the state to the state -health officer. He points out that the bill i3 drafted from one agreed upon by the conference of state health officers of the United States and tbat it would give to the board of health "accurate and timely knowledge of the occurrence of dangerous diseases so that it might take steps to prevent the spread. The >'ews of Excelsior. Excelsior, Dec. 13.?We had some rain, snow and sleet on Saturday, after three weeks of nice weather. Our people are almost through work and ready for Christmas. Mr. W. H. Hunt and family havemoved from this section to Prosperity. The proceeds from the box party at the school house last Jmuay zugnt amounted to a little over $13, and will go for the benefit of the school. Excelsior school will have a Christmas tree and exercises some time during the Christmas season, which the pupils are looking forward to with much pleasure. Mr. Dick Shealy and daughter, Miss Lucile, have been spending a few days with his sister, Mrs. John Smith, in L-xington county. Mrs. Carrie Hartman will go to Little Mountain this week to visit her sister, Mrs. Sidney Shealy, and family. Mr. Edi'or, we congratulate you ana your force in getting out your anniversary edition of The Herald and News. Thp paper is always newsy, but the anniversary edition is a "bumper'' and should be preserved for future reference. A pleasant Christmas and a prosperous new year to The Herald and News is the wish of your humble servant. ' j -' ^