Historical Newspapers of South Carolina

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VOL. XI, - MNI~qS . EDNESDAY, SEPTEMBER 11,189.N.7 THE LAW OF THE LAND. SOME PROVISIONS OF OUR STATE CONSTITUTION. -, The Particular Sections Which the Con vention is Expected More Particularly to Handle. COLrMBIA., Sept. 7.-Special: Pos sibly no public assemblage has ever met in South Carolina, whose trans actions will have excited more interest in the State and out of it, than the Constitutional Convention which will assemble ir this city on Tuesday. The several matters which are expected to engage the attention of the Conven tion have been more or less discussed in the papers for some timi past. These matters pertain to whatwe call the organic or the fundamental law of the State. Just what the Convention will do remains to be seen. The body is called upon to make changVsin the present Constitution. To understand the scope of their labors,-jLherefore, the people should have some acquaint ance with the instrument under which the State government has been oper ated for twenty-seven years past. It will be well, therefore, to set out4 in this correspondence, the 'subsfance of those provisions of the present Gon stitution, on which the Con9entioi may be expected to act. ARTICLE I.-GENERAL RIGHTS. SECTION 4. Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordi nance of this State in contravention or subversion thereof can have any binding force. SECTION 5. This State shall ever re main a member of the American Union, and all attempts, from what soever source, or upon whatever pre text, to dissolve the said iinioi, shaO be resisted with the whole power of the State. - Note.-It is not likely that either of the above sections will provoke any discussion. -It: has be6fn' suggested that they be stricken out as unneces sary. - ARTICLE IL-LEGISL,&TIVE DEPART; MENT. SECTION 1. Th6 legislative .polr in this State shall be vested .in..twA .distinct branches-the one to berstyled the "Senate" and the other the"House of Representatives," and-bothlogether the "General Assembly of -Sotith Car olina." SECTION 2. The House of Repre sentatives shall be composed of fihem bers chosen by Mibalet- very asecond year,:.by. the, citizens -of this-- State, qualified as-in thi onstitutida is pro vided. - - . ~ - - ' SRCTIoX 3: * *- * The Geral Assembly shall-- have po'fer at -iny time to- organze new oindies by changing'the dundaries of any of tWs old ones; but no new: county shall hereafter be formed of less extent than six hundred and twenty five- square miles, nor shall any existing county be reduced to less extent than six hun dred and- twen -five- sqiuare miles. Each county sh constitute one elec 'tion district. SECTION S. The Senate shall be composed of one member from each county, to be elected for the term of four years, by the qualified voters- of the State; except-the county of Char leston, which shall havetwoSezIators. SECTION- 32. The Geheral Assembly shall enact such ldws as' -*il- exempt from attachment and salelurider any mesne or final- process-issued' from any court, to'th'e head of any family residing in this State, a homestead in lands, whether held in fee or anly les ser estate, not to exceed in values one thousand dollars,Lwith the f-earlyin'o~ ducts thereof;'and to eery hddf a family esidirg in this State, whether entitled lmrestead exeiition la'nds or Iiot; persenial property.iot4o',e ceed'iri value'thiesgmeof ive-,bun dollars: Pr-ot'ded, .That no property shall be exempt from attachment, levy or sale for' taxes, or-. for payment of obligations - conti-acted for the pur chase of said homestead or the erection of improvements thereon. It shall be the adig-ofthe -Gen~eal Asse-mbl.at theif~first session to-enfi-ce the. pro visioofothi'eection bjiuitable le islation. Notes.-It has been suggested that the members of the Senate and House alike shall be elected for four years, and that the Legislature meet only once in two years. The question'of the'minimum area of counties has been much discussed especially in sections where it is de sired to form a new county. - - - It has been-sugesedthat.the-chun ty of Charleston be put on the same footing with other counties,. by hay inga single Senator only. There have been some suggestions that the homestead provisions shoia ....beomitted from the new Constitution -thus subjecting all of a man's proper ty to tepayment of his debts. It has also bee n suggested that the home: stead law should be more~exaoti' definite, so as to prevent .the setting apart of too much property under the exemptions. . -. . ART. III-EXECUTIVE DEPARTMENT. This article simply sets 'out the offi cers that shall constitute the-executive deparlmeif~of theState-the governor, lieutenantfovernor, secretarf of state, comptrollergeneral and treasurer with their -dutiesThe:oilly : change yet suggeste'm.connection with this de partme.n, -is that'-the:terziof the sev eral'officers riamed shall be four. ypara instead of two. . . -. . ART. Iv--JUDICIAINDtIPII'ZN.~a This article deals with.:the-courtsso the States, and the offcer coniided therewith--jusq, . judges, atre general,' sblic' rs, leks of court, nudges of probate,. and justices of the peace-for .which last named, tria Justices have, by the,- action of the Legislature been subitituted. Some changes~haveeen suggestei in this department, look-ing to simplic ity and economy, but they.- have noi yet taken definite shape.- County courts, a new appal conirt,.and-som otlier changes, have been mooted. ART . v-JURISPRUDENCE. The only .important -provision it this article is that-requiring the,cedi fication of the laws every ten veas There is not likely to be any 'chang in this provision. ARTICLES -VI'AND ' - These -articles refer to "enikient do main "--the control of'tlie State ove all her territory-and to the n&Ietans manner of impeaching the goverfi or any other State officer for officia misconduct. ART. VIII-SUFFRAGE. Sec. 1. In all elections by the peo pie the electors shall vote by ballot. Sec. 2. Every male ' citizen of th< UTinted States of the age of twenty-oni years and upwards, not laboring un- i deJbl '"n* a in tius.Co- i stiL1on, without of race, color or former coitxd Aho shall t be a resident of this Statt at the time I ol* 'adoption- of this Constitution. E o'o shall thereafter -reside in this I State one year. 4d in , dunty in which heoffers i~rote six y days next preceding-.aiy election. shall be effti tied to vote f6r a 1 oilicers that are 'ow-1 or hereafter may be eleEd by the I peoplt and upon all quelons sub mitted to the electors at any.electio Provided,vi 'uo.person-shall be'aI lowed .to-vote or holdffice who il now oi4MGfter may be Esqualiff therfor by the Constitution of the ihAlWb m6e1 ress. ofAV rison, s'ill be am or 1 hold office. of___ CQR1n UIT !:& ne - ~ i~ t fno electors - Sec. 4. V j se I f * j no persi ai t o at hst his residence by reason ofsp Unit Staifes, nor w'hile engage'dupo i the waters of thisS tat6 thenitl . Stes, or of the high seas, nor while ie&orarily absent from the State. I . 5. No soldier, seaman or .mar ime in the ar'..or na .of the Uhited i States shall bfleene Li resid~nt of < this State in con swen of having been stationed ther . . See. -Eledt I in' all t-aes, I except treason, felony or breach of the I peace, be privileged from .arrest and I civil process during their attendance < at elections and sig going .to and re- . tu'rnin'gfrohi the'sane. Sec. 7. Every person entitled to vote I at any electiorfhalle-eligibleto any i office which now is or hereafter shall be. elective by.the people in the county wherehe shallhave-resided-sixt* dats" previous to such election, except as ofherwis.- provided in this C titu tio6n or'tfe '_0dditati0n1 the United Staes ;.' Sec. 8. The General Assembly shall rmver pass any law that will deprive any of the citizens of this State of tid right of suffrage, except for treason, .murder, burglary, larceny, perjury, fogeror dny ohqr infanous~crim0, or d ' lii. whe* 4th ej -p e si9all ha1 e duly ~ Eonkiitja. SeM .'Pesi 4ctor shalf be elect .d'bvh Sec. 10. In all elections held by the 1 people under this Constitution, the rson or persons who shall receive the highest number of votes shall be declared elected. -Sec. 11. The provisions of this Con - stitution concerning the term of resi dnce necessary to enable persons to hold certain offices therein mentioned shall not be heid to apply to 'fficers chosen by the people .aftthe fi-st election, or by the General Assem bly at its first-sedsion.' - - -.. - -. Sec. 12. No person shall be disfran chised for felony or. other crime com mitted while such pe;rson was a slave. .Note.--Th'de are th6 pivisions af fecting the right of suffrage-about which so many different plans have been suggested. ART. IX.-TAXTION. -- Sec. 1. Tne General Assembly. shall. p'rovide by law for a uniform and ecqual rate of assessment and taxation ai'd shall prescribe such regulation as: shall secure tjust valuation for taxa2 tion of all property, real,,ersonaland a possessory, excpt mines and mimg ] claimii the prdceeds of ivhich 'dlone shall be taxed; and alsoexceptin such property -as may be exempted l~aw for' mu'nicipal, educational, -1rterary, s'ientific, -religioius or chautable pur-1 pSees. 2.Te G'a ismff~ povide annually for a poll tax not to cedone dollar on each poll, which Ial be applied exclusively to the] public school fund. And no addi-] tional poll tax shall.be levied by any] municipal corportibf.' '-: ' - Sec. 3. The General Assembly shall pro'vide for an annual tax sufficien~t to defray tle rnesited: expens-esiof-thN *5tate for-each- yea.; and whenprer.it . shall happen that such ordinary.ex pnses of the Satead~'esha1ll exceed the income of the.State for such .yar, the General Assembly shall pr'o' vide for levying a tax for the ensmng year sufficient, with other' s~urcef of income, to pay the deficiency of the preceding year together with the isti> mated expenses of the ensuing year. The remaining sections refer to the administration of the finances of the State. Notes-Theeonvetioneritprehab ly be called~on. to deynse some geheme to make taxation more equal, anid es pecially t'collect tates fronfforbign corporations doing business here but 'otvning no property in the State. SIt has also been -pioposed 40-- in crease the poll tax from..gne .dollar to two or even three ddlTars. ART. x.-EDUcATION. . Sec. 1. The supervision of public instruction shall be vested ini a State Superintendent of Education, who shall be ekected-by. the qualified elec tors of the S in kdich manner 'and at such tinie '4'he other State oflicers are elected; hii!powers, duties, term oif office. and: comensation shalL be defined by'the General Assemirbly. -, Sec. 2.~ There shall be elected bi ennially, in each.County, by the.quali: fed electors thereof, one School Comn missioner, .said Comxiissioners to con stitute a State'BaariI of Education, of which the State Superintendent shall, by virtue of his of fice, be Chairman; tlie powers, duties and compensation 9f ti~.emembers of said Board shall be determined by law. S$ec. 3. The General Assembly shal], as soon as practica'ble after the adoption 9f this Constitution, .provide for a ''J~ fom' sytd State, and si 1 also -make pi-ovision for the.division of .the .State~into. suita ble schoolrslistricts.- There:. hall :b kept open at least six montigs in eachi year onie x or'~e -soois iti eic-li .Sec. 4. It shalhbe.the e dut. .of-the General Aserhbly40 7pr~ovide for the copldetedne4tete-pub-. lic orgriatesdhbois:'-'f ail' chin betei-th'es' oY "sik aid -sixuodr abled-for aer equid'len ' t wet ty-fouyr mopiths at .lgast:, 1Urdied, Thata.~ law.j.o -tliat .-ie.-hl be. iased until a system of publie schools hatbeens.thoroghlymand conpletely Ithe inhtaffthvetate--1or- the free education of their children. - Sec. 5. The boards of county corn missioners' -oPf tle'' severaP e&in't'leO shall levy an~spnual ta.N of a not 'less than two mills on thre dollar of all taxable property in their -espective counties, which levy shall iot begi.creased unless' by specihl-en' tetnient of the diheral Assembly, for he 'su~pp~t 'of .the public 'schools in he. ~ 5ective counties, which tax hati becollietd at the same time and )v tB4 iae:officers as the other.taxes >f tksins ~ ea'r, and shall be held in ,he n reasgries of the respective un(I and pa5iiaut exclusively for he ort of the public schools, as Wd by law.N There shall be as on all taxable polls in the State mn a nual tax of one dollar on each )oll, the proceeds of which' fa'shall >e applied solely to educational. pur-. >oses: Provided. That no person dhall ever be deprived of the xightsof 6 for the- 'en-payment of such other 0o11 or capitation.tam 1W levied ill this State, nor shall e unt levi .'n each poll e:xceed it givent this section. The hx shalt * distributed ai ong e several seol districts of the ,ounties, in prol%.rtion to the respe' ber of pils attending the -. 1choos. %No religious sect shall hae exclusive...rigit o or control of any part of the school 'unds of this State., nor shall sectarian >rinciples be taught in the public Sec . 9 .Zh 'General Assembly Yhall provide for the maintenance-T he St. Upiverity, and as soon as ra ille for the establish ne f, deiltural Collqge,.aid ha L the land given to hit5 ' f suort of such a: olle ketf of Congress, passed Tuly S& 4Peousand eight-hn: re " -t. or the money or ;ciin, I case may be. arising rorn the sale of said lands, or any ands which may hereafter be given >r appropriated for such purpose. for hesupport and Tnainenance pf $uch olege, ,ad niay mi k tTesamre 4 )ranch of the State University, for nstruction in. -Agrictui-tbe Me hanic Arts and the Natural Sciences -qqpste therewyith. Sec0tidn301To. - Aflie pu 6'i(c . scols:2 olleges and universities of this State pprted in whole or in part by the Y be free 'and. e n RaIFt~ n and youths'.o lje state, without regard to race or color. Notes.-Several changes have been &ijgese in these provisions: 1. To abolish the two-npll tax and eave the support of the. schools to the t.af the. Legislature. - inciease the'.poll tax., . Ttiike'ont the mandate requt ?{tthWeg isatur6 to .silpoit trig AteUhl -rsity, aid lel-ve fh .atter :othe disci-etion of that liody. . 4: To arrange the-payment of the ;bhool taxes so that whites and negroes hall pay separately for the-support of heir separate schools. 5. To abolish the offices of the State ;uperintendent f education and the ountrscliooheomihissioneis. - OTHER ARTICLES. No change' has' been 's'uggested in my other articles.of the Constitution -except that the office of adjutant and iftsector general sbhould'be abolished. A Most Sensational Affair. KNOXVILLE, TENN., Sept. 3.-A sen sational tragedy occurred in the astern part of. thi.s city tonight in which Albei-t' S. - McDowell, a rominent young lumber man, was ;hot aid'rnbitallfwounded by John Beed,. the-oldest son of Judge Joseph W. Szieed,~ of t~e Circuit Court. For several'feaii beed has been paying attention to' Miss Trov Collins, a tenographe for~ the' Greer' Machine Dompaand-he was quite jealous of . days.ago .Jas. R . Mc oivlla rtierof A. S. McDowell, md-- forkel- connected with the e .rgichinery Company met Miss .la ms on the street and walked two :ocks--wevith-: her. Sneed saw him fter he left the young lady and ap roiEiirim began abusing him for hayinghierattention. McDowell walk id away from Sneed, telling him that ae had too much respect fOr Miss Col ini eie in asstre4 uarreltbout er.- McDowell told his brother about leiniderit iM aff'o~Yquested him to ilk- Snd.who .had been making ~hets agasnsf Jas. R. McDowell, ifh'tuld 1io longer submit to the bhrias4-A.S.: McDowell, who only knwSsebg.iht,,.was drivin' 'pktne Sres,.bengs oteCollins gir~ early tonight and saw Sneed sitting : the veranda. lHe called Sneed to the sidewalk and repeated the messag'e roni'his brother. Sreed asked Mfc owell what he had to do with it, at thesime time placing his hand on his hip pocket. McDowell jumped from his buggy, grasped Sneed's right hand and kiroked' hii down. Sneed&got to his feet, pulled his gun and placing wthir-three'- inches of Mclowell's stomac.h . fired. . The wound. is con sidered fatel by the physicians. Destroyed by aCloudburst. S-r. Lonis, Sept. 5.-A special to the Chronicle from Piedras-l~gras, Mex., says that advices have reached. there of the almost complete destructio.n of bhe towns of Roderigue"z and*Aba-stor, situated south of there in the valley of the Silado river. Both places were wiped out of existence by a cloud bartyr t ocansaan; thie;San Bias mou4' ibac'c the -toin's. The wter 'e. down in' the v'a-ley in a treme nus .torrent, sweeping every' tig4,ifoe.it. It covered the .ground to a depth of six feet and the flood was from six to nine miles wide. The bisine fiouses and residences of the two towns were built of adobe, and they melhed away before the torrent of water:like so.much sand. Tbhe to~z1 of Abastor liad a population of i,0 people. The inhabitants saw the tor' rent coming down the valley in tiume to make-their esc e tothe' a'djbining hills. So far as known, there were no lives lott. in'hatplae,.-altlyough not more thhA teen.' housess are- left standing. ~Eve 4liouse'in ttie town of Soeriguez,w~iinh has,a 'population of 700, was washed awgy .utg noias were lost. It is' fdared that there was great destction'f pettv-atidliv~d lst'- fal'the'r dowir the'va'lie'ae tht portion** was .thickly settled.' It - i known that all the l2uildings in'the tiicenda of Jorg'e Rosis'v'ere caug ht if'the'mlood land washed eavv. 'h - Six ~uddl-slat.' ~ - "say r('ae le'tterstd fought on August nearatago d Cuba .between -the -insudoents uncaei ynonie -Me6 ande Span-sh'tgoopsv doimaadtdby Ca'netlis:In 'wh'ich--the insurgehts cmletl 'rohted 3 the troops, kg{ling. six: :hundred soldiern n'd eighiroilic~rs,' aid tvounding Ca nellas. .The .Sanishi papers report that the battle was fought, but do uol giv the details." FRAKER FOUND ALIVE. THE MANS FOR WHOSE DEATH INSUR ANCE COMPAINES HAD PAID. lie Lived Close to the Canrada Line--He Had Dug a Cave Uurder M., Shanty to Aid U-scape But Was Caught. 1)CTr, M ., Se 4'.-'-Dr. Geo. W. Fraker, a principal in one of the most daring life insurance swindles of which there is any record and who was supposed to have been drowned in July, 1893. was captured recently in .hiding near Tower, Minn., close to the Canadian border. Early in 1893 Fraker insured his life f r sums aggregating 58,000 in five ilhsurance companies. The pre miums. amounting to something like ..1,000. were regularly paid, although, ps afterwards transpired, Franker's in come was only about '1,800 a year, and for a time the insurance companies saw no reason to suspect that they had not accepted a bona fide risk. In July 1893. came Frzke's disappearence, which led to the offer of reward :of. *2",000 by the interested companies for proof tfat -lhe was still,,:alive-an attempt which they have never since ibandoned, although a verdict of the Supreme Court of Missouri compelled the paiynent of the greater part of the insurance monmev to the heirs-and this was followed by the- pub ication 'of the missing ins peuhar will'. directed that his bodv.be created,. and bequeathe1 tie' alioirni't lhis 'insur ance to a brother-in-law. . namned Mc C ruders, live minor chrild ren. The story of Fraker's disappear ance as sworn to by six men, as fol lows:: With John Mlur.ray. Charles Mc George, .1. T. Triplett. George Harris, Alberto Mondes and Jake Crowley, a negro, Fraker started for a spot on the Missouri river vhere; it 'wagrsaid, fish .ing wasgood, ten miles from Excelsior Springs, one dark night in July. The men say that Fraker, Triplett and Crowley were walking along the bank in the dark when suddenly it crumple under their feet:. flilettaid CroWley sprang back but looked in vain for Fraker. They . got -a -lantern - and swang it over the dark river. There was no-sign of the missing man. They shouted to their companions and the rest of the-party.-'amue up. . Another sedrch was made, and this time a hat sai'd to be Fraker's was found dlose under the fallen bank. No cry. -. -was heara, . and Fraker's disappearance,now explained by his confession .that .he swam the river, was complete. The next day nien in boats with grappling irons dragged the bottom and' sbarclied the river banks for miles without s.uc.cess. From that day until: his capture yes terdav no oi- has bech- able to prove that Praker was not dead. One man, however, Detective T. Derrick, spur red*by the reward of $20,000 offered for proof that Fraker was still in the flesh, has never given up the 'hunt, ahd yesterday success crowned his efforts. Herrick, with Chief of Police Wilk inson', df Toea. care to- MiAnesta a week ago and have since been clos in'g in on the hunted man. Sunday morning they reach Tower, where they informed Deputy Sheriflf Phillps of their business. He offered to guide them and they set out for Fraker's hiding place, where hie has been going under the name of Schnell. The IKansas officers, before leaving Tower, swore out a war-rant for his arrest, charging him with swindling in surance companies. Dep-uty Sheriff Phillips, who knows Schinell, told the officers that the man was camping about fifty miles out in the woods, at a point"Which could be reached only with' the .utmost difficulty. When the camp was reached the companion was there. b'i~ Fraker was not around. The oiliers.- were told that Fraker'had gone out hunting, and was ex'pected a'ck'at any' minute. An examination of the camp was made Eftfr the~voung man in charge had been placed under arrest, and it was found that under the floor, reach ed by a tra'pdoor, was an excavation of large dimensions, whichi could not be discovered without the utmost scrutinvy L'eaving the Kansas othicer's at the ocamp P)hill~ips proceeded on the road. kee'pmg a sharpi look'out- for the fugitive., He had not gone over a mile before he met Fraker face to face. Herriekrhaid come up'iri thtmeanitime, and when Fraker saw~ the detective he collapsed, bdit w-as- told th'at hiwas only wanted for violating the game laws, lie was armed with a rifle, and lie declarid that he" did - not' believe' that hp ,.would surrender. .While Herrick engaiged himt in conversation, Phillip'slipped up behind,'and before Fraker was aware of what .wsas goi ng on lie wa's handcuf fed.- The'd rrant charging - him . with s windling the Kansas Mutual Life Insuranc Comn pany- out of $10.000,. the Hidtford'Life and AmnmuityComnpany out of Ir5,0 0, the i 'r-oident I'ife Saying' Lompany of New-York' out of j15.0 aU)~nd other New York comp~anies out of $:. ,u00 more, a total 'o? nezlTya - ,00 was then read to him. He admitted his idenutity-, saying that as lhe could not hel p himsel f' he -w'ould go ' arlong quietly. -He mainta-ined his nerve to a rem:~rkable degree,'saying to'Deputy SheritfP'nillips.'-Well. .lim, I'm lad the chase is over; now I can take tfiiiTgs'ensy. The prisoner was taken to Towe-, oether with is comipaniion, who gave li naiA'as Franrk 'Sinith. As it. waspidgatthat Smith knew. noth ing ol his companion, and huiid merely fell in vitgtlki-in a casual = wayv, hie'was ,simply detained at Tower. .where'he'will be held to await develop nment. .At Tower the Iron .Range road was boarded, and the party ar i-i ed'irr this'city about noon. The prisoner admitted without hesi ttion thit he was D r. G. W. F-r-aker. and said thhad'no'doubt that lie was :he man wanted. H1e asked what hre would pr ohfaby get if'con victed. liHe said that origiinaly he had no intention of commuitting any swinrdle. I Ie had been-thrown into the i-iver by a landslide, he ,declared, and on escap mg~ went to"Chi'eno'. While there lie heard so many stories concerning him -elf thait he decided to leave the coun try anud then thre temptation to swindle Tieinsurance comipanies came to him. Frm Chicago lie came direct to Tow' ;eg, where hie has been living tihe life of aL hermuit until hre fell in with Smith, who had proved good comn Ipany. 1Fraker- had been in the camp ikwhich lie was arrested for- nearly a fear, and Only went to thec city once a month for supplies. 'When arr-ested his supply of muoney was low and lie admritte d that hie was ini 'or-r-espond' ence w'ith people fromr whom heL ex neciml to wat imore As Fraker's estate in Kansas has not yet been distributed Detective Herrick telegraphed there to have suit to re cover the stolen money instituted. Frakar is now on the way to Topeka -and will be tried in the criminal court of Ray county. - The penalty, if con vidted, is seven years in the penit6nti ary on each dount. There will be five counts, Crowley, Triplett and Harris ar .to.be prosecuted for perjury The 6flicials of the Equitable Life Assurance Society in this city are very much interested - in the report. of Frakei-s capture. Hie was insured with them for-$10,000 and they had refused to pay the amount of the claim on the ground of insuflicient proof of death. KANs-AX CITY, Mo., Sept. 5.-Dr. Geor '.W. Fraker, is now in the jail at -I.tieona, -lay &ounty. The drowning of the doctor was alleged to have takin plabe in: Ray county and for that -reason the criminal proceed ingrs agaust him for attempting to de fra ten insurance companies out of $58,000)fill take . place there. It is not propable' that an effort will be made by the lawyers to disprove his identity intorder-to. prevent the in surance comranies from recovering the money paid on his insurance. Attorneys for the. insurance compan ies have-tracecT$39,000 of the money paid for. )r.j raker's "kleath." The amounfof -insurance. money actually received Vy the: executor was about 9.u00.f Settlemdnt -was' made with several of lie copipanies without go ing.td law. - By. these....companies the total wus reduced about $9,000, so that the entire--sum .the heirs would have received, had not - the hiding place of Fraker beei revealed, would have been $52' - 'fge--Lineon, the executor, has $20,000.on deposit in a bank at Liberty anAd it i's linow that $9,0Oo of the money hs been lent oat. Each of Fraker's sisters, Nancy J. Magruder and Cynthia Hartfield, was left -5,060 by the will, and they have been paid. - They- were enjoined from paying out this money by the pro ceedings iri the Federal court. The deputy who served the papers on them says that-the.sisters. had speift part of the money, but tiey told him they .wpld gipe .back., what ramained of the -1,.r00 and d3 their best to make restitution ef.the full amount. . . Hung in Florida. JA(eKSONvILL:, Fla.. Sept. 3.-A special to the Times-Union from Jas-' per. Fla., says: Jos. B. Norton, white. was -hanged here today for the murder of James Denmark, also white, on the night of January 4. It was intended that the executton sh6uld be private and a high fence had -;been erected arouryl the gallows, but the crowd tore this down and: three thousand persons saw the hanging. Norton as cended the 'gallows at 11:15, steppiflg as firmly as if .he were walking to his dingerinstead of.to.his death. He said in hisstateme'ni that:he did not kill Denmark, but that his life had been sworn away by perjured witnesses. He. pointed out Messrs- Miles and Mc Alpin .as two of the men who had sworn falsely against 'him - This al most caused a riot. Young McAlpin, who is a son of Representative McAl pin, made a desperate effort to get at Norton, evidently intending to assault him. Sheriff Pollard called on the crowd to assist him and McAlpin was finally arrested and. order restored. Norton concluded by calling on God to witness that Judson Taylor killed Denmark. The trap was then sprung, and Norton's death followed instantly his neck being broken. A novel feat ure of the execution was that at Nor ton's request a white gauze veil was pulled over his face, instead of the traditional black cap. On the night of January 4 Norton and his bride of a few..weeks attended a ball given in their honor. During the ball young Derimark gave Norton a-pistol to keep for him, and then began dancing with Mrs. Norton. While Denmark was dancingtwith the young wife lie did somethmng to her that enraged Nor ton.i The husband jerked Denmark from Mrs. Nortoi's arms and struck him to the floor. Then, as Denmark tried to riser' he was shot dead with the pistol lie had given Norton to keep: Today Nortori said that he drop ped the pistol and that Judson Taylor picked it up and shot Denmark. Nor ton always claimed that Denmark had grosslyinsulted IJrs. Norton. Norton was a magnificent specimen of man hood.-being fully seven' feet tall, and weighing 250 .pounds, without an onnie - of ~ sui-plus f lesh. He was 30 years of age, and was born in Wil liamsburg, S._ C. ooking for hi-i H eir.. AxlmJnsoN, S. C., Sept. 5.-The fol lowing is a'copy of a Ilee receiv'ed by the..postmaster at this.place today, wh ich, perhaps is w orth giv-ing to the publie: R~M s5 RyMdSept. 2,195 To the Postmiaster at A\rders-on S.~ C., .DIear Sir: I .write to you for infor mation, if youz can give it, concerning the heirs of a man in your State that was robbed by nuemibers of the Eight 31idhigan Cavalry' between the 19thi September andl the 19th of October, 1si4. If I c-an leairn the names and ad drfesses, I can furnis~h them with valn able informaition. This man was rob bed, so I am informed, by memnber'sof the Eighth Regiment. lie was taken out in ,the .wood-house and hung by the'n'e'5k by three~ men until he told where his money was. The money was dug up in the cellair. They got eighteen thousand dlollars- in gold. The men claimed that it belonged to lis grand- daughter. Now, if there are-any heirs of this man alive, we can give thenm valuable information. If you don't -know anything - about this atfair, please hand to some one wlio will investigate the matter. I knew tha t the money was taken anid knoggy the men who got it. Any in foi matfoni you can furnish willbe ap) preciated. Any one thlat cani give any informa tion on' the subject, and desiring the nanme of the writer, should address the postmiaste at Anderson 8. C3. Fat her andi Son Co nvtedi. - 3IAN.ssAS, Va, Sept. 4.-The irial of George Posey and his son Fred Po sev for the murder of Andrew Love less, near Neabsco, on the 3uth ultimno, wvas concluded, today. resulting in a verdict of ten years in the penitentiary in the case of Fred and of live years in the case of the father. Fred Posey was indicted as principal in the mur der and his father as accessory before the fact. A motioni for a new trial in the case of George P osey will be made upon the ground that onie of the jury men o~ler'ed a wager that both the P'osevs waul be sent to the peniten tiarv~ and it is generally believed that tie verict will be set side. THEY WANT THE BALLOT; AN OPEN LETTER TO THE MAKERS OF OUR NEW CONSTITUTION. Mi Floride Canningham atid Miss 31orris Lewis 3lake an A ppeal to the Delegates to the Constitutional Conventioni. -CHARLESTON, S. C.. Sept. S.--The following letters, which are addressed to the delez-ates elected to the Consti tutional Convention. explain them selves: GENTLE31EN: The gravity of a pend ing change in the Constitution of South Carolina forces itself upon every intelligent woman of our State. What concerns the welfare of our men; is Equally important to the wel fare of women. A large percentage of property throughout South Caro lina is owned by women, many of them widows and orphans who are de nied representation, an:I have no male relative'to represent them at the ballot box, and their possessions are at the mercy of mien in whose elections they are permitted no voice. Our women deplore the divisions that rend our-State, they wish to have adopted laws that may produce unity, and - consequently a better govern ment. Women can supply the subtle, intuitive perception lacking in men: women possess moral principle and courage that would make their advice and judgment invaluable adjuncts in the mechanism of good government. It has been asserted that women would not vote if the ballot were giv en them, vet no one refutes the fact that the women of Wyoming and Col orado avail themselves of their privil ege. Would our women of South Carolina be less patriotic and public spirited than these women of the West? In behalf of my sisters through out South Carolina and especially those of my own district -in Chales ton county. I say 'let the men give us the franchise and then only will they be convinced that the heroic daughters of the revolution and Con federacy would die rather than shirk the duty they owe their God and their country. HELEN MORRIs LEw1s. Asheville, Sept. 2. GENT LEiEN: In addressing this let ter to you upon equal rights for wom en, a subject that is riveting the atten tion of all civilized countries, I do not appear before you as a petitioner sue ing for a favor, but as a woman ask ing in her own name and in that of many of her sisters simply justice for herself and them. I appeal to you - individually and collectively as men soon to lend your selves to the high and responsible task of framing a new Constitution for the time-honored State of South Carolina, of which I am a small part and being, that in constructing that document, which is to become not only a matter of history but a matter of absolute life or death to the good character of our State government, that you will grant to women all the privileges and immu nities under the law granted to men. While all of you may not approvE of admitting them' as political allies, not one of you can deny or disprove logically their legitimate claim to such recognition. The divine right of King, is not questioned and the divine right of women is fact even more stubborn and legitimate. It is not necessary for me to enter into a long and detailed dissertation putting forth our reasons for believing that such is our preroga tive, for it is as clear to my mind, a~ to all unbiased and unprejudiced thinkers, as the pure ether of heaven upon a cloudless day is fair to the occult facilities of even a little child. This new constitution that you are to have the .supreme gift to make in volves in i'ts composition not only the integrity of the men of our State, bu the integrity alike of your mothiers and wives and sisters anid daughters, and for them I earnestly request equality undefiled by reservation. If women choose to exercise their power to vote, why should men refuse them admission to the polls? In closing the doors of elections against them the act is overtly unjust and cowardly. And I conjure you to free the men of this State from the imputation and yield' tc us, what y ou know in your hearts is as much ours as yours, representation. In naming the members from Lau rens I chainpion them as fellow citi zens to plead our cause, as that county has been the birth place of my pater nal ancestors since the days of the col onies, and as I pay taxes within its borders and feel that I have the same right to a voice in its af fairs as those men of my family who reside within its limits. Respectfully submlitted, VLoiDF: CI'NNINGtIi. Asheville. N. C., Sept. 3, 1S 5. An Iimport ant Law. The following Act was passed at the last session of the Legislature: Sectioni 1. Be it enacted by the Sen ate and Ihouse of Represenitatives al the State of South Carolina. now met and sitting in General Assemblly. and oy the authority of the samne. thai fronm and after the passage of this Ac1 each and every cottonL buyer in- thi; State buying from the initial sellei shahl be required to kee p a hook ii which shall be inserted the mnunber oi bales of cotton bought by him. HL shall number the bales of cottot bought by - him, the name of thos4 from when he purchases, and shalh ive to the seller a cotton bill, or wvhich lie shall pmut the niunberof bam or bales of cotton bought from him. The numtber on the bale of cotton or lis books and on the cotton bill sha1 be the sanme number. Section-.2. That such books of al cotton buiyers sha'il be optin ti pubhlic inspection. Section 3. That atny peso ^violat ing the prvsin of the Iirest Sectir of this Act shall, .on co iviction,. :1) ined in a sum not exceedng one han dredl dollars or imiprisonmed not exceed tng thirty days. Fximeirr:, Ind., Sept. 5.lohn W. Strawn, at promiiient lota .attor ney and politician,. was granted ai divorce yesterday -and todayv mar riet Flora Strawn, who wa g 4ranted.a divorce from him last .June. Strawn had lived happily -with his first wife for twelve years. hut became smitter witht Fmma Cullity of Indiapolis. Mrs. Strawn obtainell a dtivorc" am three days later Strawn -rtarried the~ Indianapolis woman. A e li~ vin with her in his old htome for thr~ee weeks, lie was smitten .with remorsm and, sending for his iirst wife and their child, was forgiven. J uly 2.' he tiled a bill for di 'orc.' froim hti bride and on tihe convening of cour. yesterday got a decrec. Remarriag o hi list wfe ol~owed A DOMESTIC TRAGEDY. THE DESPERATE DEED OF A JEALOUS H USB ND. W. I. Winberg, a Native of Charleston, S. C., Kills Himself and Wounds His Wife at Their liome In Brooklyn. CHARLESTON, S. C., Sept. 5.-The Sun of yesterday says the sad and tragic end of the late W. I. Winberg a native of Charleston and also the at tempt at the same time to kill his wife who is also a native of Charleston will no doubt be a surprise to the numer ous friends and relatives of both par ties. The sad affair occurred last week in Brooklyn, N. Y., attheir residence. Before publishing the account of the affair it would be well to inform the public as to who the parties are. Mr. Winberg was a native of Charleston. His mother who is still living carried on a fancy worsted bus iness on King street nearly opposite Hasell street. Mrs. Winberg is a daughter of Mr. V. I. Middleton, who for many years was associated with the firm of Robt. Mure & Co., up to about twelve years ago when the firm was dissolved. He and his family then left Charleston and went to Sa vannah. About that time Mr. Win berg married his daughter Susie. They lived happily together and had three children. The New York Her ald publishesthe statement as follows: "Th Win berg family live in Sorbel place in the village of Union Course, queens county, which is just across the city line. Winberg is connected with the German-American Improve ment Company of East New York. He lived in a handsome house and the members of his household consisted of his wife, three children and a servant, Henrietta Sely, Miss Florence Gibbs of Savannah, a friend of his wife, was visiting the family. 'Winberg came home Tuesday ev ening and appeared to be abstracted in hWs manner. He had tea with his family at 7 o'clock and during the meal lie paid little attention to what was said to -him. He had evidently been drinking to excess. "Miss Gibbs and the servant put the children to bed at about half-past eight o'clock. They were coming down stairs when they heard a pistol shot and a scream, followed a few sec ond later by another shot and the fall of a heavy body. "The sounds came from the parlor. The door was barred by the body of Winberg, which layacross it. When they forced it open they found Mrs. Winberg leaning against -the wall. "He has shot me, Etta," she said ad dressing the servant. "A revolver with two chambers dis charged was clutched in Winberg's hand. "Dr. Cockran who was summoned, notified the police of the Liberty street station. Capt. Corwin sent patrolmen to take charge, awaiting the arrival of the Queen's county authorities. The body of Winberg was left in the cen tre of the floor. The children, who were asleep when the shooting took place, slept peacefully through it all and were not disturbed. "An ambulance was summoned and Mrs. Vinberg was taken to St. Mary's hospital. A bullet had penetrated her right lung, and she ws.:, ir.a dangerous condition. It is Mh y expect that she will live. "It is said that Winberg was moved to do what he did by some stories , about Mrs. W'nberg's conduct which ' had been told to him yesterday by discharged ser vant girl. He was of an exceedingly jealous temperament. He was the father of three young children two, three ard seven years old. He seemed to have been very much at tached to his family." The Baling of Cotton. NEW ORLEANS, Sept. 5.-Vice Presi dent and Acting Preside.nt Felix Cou turier has addressed Jhe following to the Liverpool Cotton Exchange, rela tive to the p roposed penalty of five pounds a bale on cotton not put up, after this year, as that institution de sires.. "I am requested by the board of di rectors to acknowledgeyourcommni -cation of August 14, 1895.. Thiey de sire me to state that while this ex change is in sympathy with any prop er move to secure improvement in packing American cotton for market, they decline to redognize the right of the Liverpool Association or any other mercantile body to enforce by a pen alty such improvement. 'In their opinion, the matter is one that must be regulated by competition between individuals, it being .quite certain that the parties directly inter ested will soon solve it on a basis of dollars and cents. '"This exchange, as the representa tive of a large percentage of Southern cotton growers, opposes anything in the nature of a threat, (for in that light the proposed penalty may be re garded) as calculated rather to retard than advance the improvement de sired. It doubts the ability of the Liv erpool Association or that of any com mercial body to carry out such arbitra ry ruling, and would refuse, eve ' the measure were feasibie.. m ~Tiin a matteri'hich it c'nsiders disrespect ful alike to American cotton planters and merchants. -It trusts, therefore, that in the in terest. of mutual good feeling the Liv erpool exchange will rescind its threat of a penalty of five pounds per bale aganst American cotton planters who danot pack their cotton in such man ner as may be suitable to it." Boll Worms in Myriad. Nnw ORLEANS, Sept. 3.-The reports from all the cotntry contiguous t~o this city indicate that worms in myri ads are eating up the cotton. From Mississippi in all parts of Yazoo and Mississippi D~elta, the greatest cotton producing country in the world, the ery is for Paris green and London purle. From the Red river country in L ouisiana, clear on up to Shreve port, and from Vicksburg to Monroe, and 'throughout that section of the cou ntry, the accounts of cotton worms are disheartening. A canvass of the leading drug houses of this city shows that the orders for- Paris green and London purple, have been so numerous from th~r worm infected cotton dis tricts that it has' been impossible to till them. This market is barren of either of the two patent worm de stroyers. Paris green and London 'ptirple are the only two remedies known for cotton worms, and when it is-r-emembered a very few days some times sullices for the wvorms to practi cally destroy a whole field of cotton, it can be readily seen that the short supply of wormn poisons is likely to be serious in its consequences to the HOT-HOUSE CONDITION. The Cotton Crop Goes Largely to Weed, Corn Crop Safe. COLUMBIA, S. C., Sept. :.-The past week was characterized by its exces sive heat, which, with the wet condi tion of the ground and generally light winds, gave the weather a hot-house condition and with a similar forced growth to crops. Corn profited by those conditions, and that of latest planting is now fully or nearly ripe, so that now the entire corn crop is fully made and entirely independent of heat, cold, drought'or rain, except so far as those conditions, would affect gathering and housing it.- Cotton in places grew too much to weed under forced growth, and on light sandy land growth ceased and the plant is turning yellow and shedding its leaves as well as its shapes. Small fields crops made wonderful growth and are generally in excellentcondition. * The showers of the week hindered rice har vest somewhat. The temperature ranged steadily above the usual, from 3 to 6 degrees per day, until Monday, the 2d, when there was a sudden. drop to about 3 degrees below. The week was one of the warmest of the season, but without excessively hot single days; the nights were warm and the daily range small. The high est temperature reported was 101 at Gil onsville on the 2Ith (Tuesday) and the lowest 62 at IBatesburg on the 30th (Friday). The weekly mean tempera ture of thirty stations was about S1 and the normal for the same period is apuroximately 77. There were numerous showers in all portions of the State, and fourteen places report amounts greater than the usual, ranging from 1.50-inches to 3.87, the latter being the largest amount reported, and fell at Trial. Berkely County. Over the larger portion of the State less than the usual amount-fell, and the average of thirty-three reports is 1.34 inches; the the normal -for the same period is ap proximately 1.38. There was more than the usual amount of sunshine, the duration hav ing averaged about 70 per cent. of the possible, but along the coast there was a slight deficiency. Reid, Green ville County, and Charleston both re ported on 37 per cent. of possible sun shine. There were two or three local wind storms that damaged crops, in the vicinity in which they occurred, to a small extent; and bottom lands in Lancaster County were flooded and some corn ruined. In Aiken County much swamp corn was drowned in the freshet of the previous week, but the sum total of the damage to crops is comparatively insignificant. The reports, with but few excep tions, state that the weather was un favorable for cotton which continues to shed freely in all portions of the State, and rust has uecome more general during the week. Boll worms are not reported from any but Edge field County, where, however, they have done much injury already. Cotton is opening freely over the entire State, but picking has not been actively begun in the Western coun ties, but will be during the present week. The bolls are said to be of large size generally, and the staple as a rule of high grade. Fodder pulling is fast nearing com pletion in all parts but- the extreme Northern portions of the State. A: great deal of fodder was damaged by the rains and the 'weather generally was unfavorable for curing. The hot moist weather of the past week ripened corn very fast and has made the crop. The harvesting of the rice has been pushed in the Georgetown and lower coast regions, but was hindered con siderably by showery weather. The grain is said to be full large and yielding well. Some upland rice har vested ; the crop is a very fine one. The tobacco crop has about all been gathered, and farmers are jubi lant as .the . sales..progress, showing remuneative results. . - - Peas are generally doing finely. Sorghum ..boilinrg' well under 'way and the yield -of syr-up is satisfactory. - Sweet p.tatoes doing well, but run ning too much to vine. - Late fruit excellent, and -the-apple crop in Greenville County protnises to exceed the best of former years. Pas turage excellent. Peanuts, turnips, also good crops. Lands being prepared for winter vegetables and oats. Collapse of a Tower. SunwmmFIL Iuls., Sept. 4.-A hor rible accident occurred at the State fair grounds this afternoon. The East tower on the great maeciinery hall. which is now being roofed', collapsed and fell in, burying severel men .be neath -its ruins.. Charles Hobson, of Lincon, Neb., and James- Parke, of this city, both'plumbere, who were at work on the ground Iboor, were killed. They were covered with several- tons of brick and morter. The injured are: Fred Berd, a carpenter,- badly mash' ed: N. \Villiamson, a carpenter, both ankles broken; Samuel Davenport, of ChIicgo, boss carpenter, badly injured about the back by failing debris; .John Gethard. a carpenter, large gash cut in his~ head: Charles Brownell, water carir both legs and both arms bro ken, ars badly burned by mortar and fearfully lacerated, will die. Neither buildirng nor tower was braced, but what caused the accident is not known. It is tihe general opiuion that the hard rain last night loosened the 'mortar. w hich had not time to dry, work hay ing~ been rushed on the building in or del to hav~e it completed in time for the fair, and this caused the accident. The loss will amount to several thou sand dollars. James Clancey, a sla ter, fell from the room into a mortar bed, striking on his head, but escaped with a fewv bruises. All the imp~rison ed men nad been gotten out by o'codk to-night. Negro Rtiot in Asheville. AsumuIL:, N. C., Sept. - -At 1n o'clock last night a mob of 150 or more negroes and whites wentjo9 thie hious~ of Elder Tanner. colored, to run Ahim out of town. About fifteen shots were dischai'ged. T wo or three of the riot ers were shot, and also one womau living in the neighborh'ood. Tanei escaped injury. Policemen finially in terfei'ed and br'oke tip the riot. Tan ner and -some of his supporters were brought to theC city. jail for protection. Several of the rioters were arrested to dar'. Tanner has been -here a short tin!Ie and excite'd the ire of the colored pastors by preaehing a peculiar. doc frine- The pastors held a meeting Nonday night and passed denunciatb rv resoluitions against the elder and asked. the city coquncil to help theie tc giet himi out of town. -Another meet ng was heldlast ntight, and after it