Historical Newspapers of South Carolina

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VOL. XVII. -_MANNING, S. C., WEDNESDAY. JULY 1.1903. THE TILM1AN CASE. Judge Townsend Grants a Change ol Venue from Columbia. BUCHANAN ABUSES THE PRESS. A Warm Debate Over the Selection or the Place or Trial. Lex ington County Finally Chosen. James H1. Tillman will be tried for the murder of N. G. G-nzales at the c)unty seat of Lexington, beginning the third 'Monday in September, un less the defense obtains another con tinuance. The order for the change of venue was made by Judge Town send in the criminal court on Wednes day afternoon after the argument was concluded and the place announcei Wednesday morning_ shortly after the court convened. In making the an nouncement the court said that he had given the matter much thought and had finally determined that Lex ington was the proper place to hold the trial. The sheriff was ordered to have the prisoner there by the second week in September. Only the aftidavits used in the change of venue proceed ings were permitted to be iled, al though the prosecution desired to have those tiled also that were used in the proceedings to obtain bail before J udge Pope. We present below the argu ments of the attorneys in the case after the affidavits all had been read: JUDGE CRAWFORD'S ARGUMENT. In the discussion of such a case as this the legal propositions should first be given. This motion for a change of venue should not be granted unless the showing is made very strong. Another proposition is that the parties who come asking for the change must have the preponderance of the evidence: if there be an eoual balance then they lose their case. The rule is that the defence shall establish their point by the preponderance of the evidence. The question is, is the prisoner enti tled to a change of venue on account of the local prejudice? And the defend ant presents in stereotyped forms afli davits saying that a fair trial could not be had. The defence has presented to you a mass of affidavits, but there are some among them who are people -of this county. The others belong to the migratory class: that is. the mill population. They are not, people who cannot speak for Richland County. Upon t his line is the one point. for the defendant. Such attidavits declaring nothing but the belief of the aftiants have no weight in the determination -of the change of venue. The motion must be accompanied by aftidavits based on facts, not beliefs: knowledge. not opiniors. Judge Crawford cited a number of eases throughout the United States .showing that it is insufficient to obtain .change on such opinions and beliefs. If such were the case a change could be procured from one county to another, and in this manner the case could be .carried on indefinitely. The law must be resolved on principle and not mere ly on the opinions of everyone. .Our' :Supreme Court has repeatedly decided that when a juror has been put on his voir dire and declares that his mind is unbiased that juror is perfectly compe tent to sit on the case. It was on account of these beliefs .and opinion affidavits that the Courts of South Carolina in the case of the State vs Wiluiams, declared, in 1823, that a change of venue can be granted -only a hen accompanied tw attidavits -in wvhich facts are given. Is the jury >of Richland County to be impeached before they are put on their voir dire? Because a few of the friends of the vic tim subscribe to a monument ftand should it then be said that a ;fair trial could not be gotten in Richland Coun ty? According to the case reported in -8th 2 ew Mexico the mere statements of the attorneys of the defendant should have no weight with the Court. That the venue will not be changed merely on the belief of the prisoner and his friends that he can not get a fair trial is specifically stated by Bishop. We have shown to the Court by attida vits that over one-half of the jurors drawn in- this Court are from the country districts of the county: there fore, the articles published in the Record could have no effect on them: as this paper has no country circula tion. T be accused has made objection to the effect that the jury is made up of improper jurors. By the safeguards of the law this is eliminated in such a manner that a juror who is biased can not sit on a murder trial. The attidavits of the prisoner relate to the time when the blood of the vie tira was still on the ground, but now, after six months have elapsed, to say that the Deople still harbor the mnahig nancy of vengeance-never: This peo ple in' the rush of other occurrences have almost forgotten this trial. They bring extracts, written by a single edi tor, and try to .show that this mdi vidual has intiuenced the jurors of this county. All of the witnesses for the Stare say that a fair and impartial tria] can be had. Four hundred and thirty one attidavits have declared that if there wasany feeling against James H . Tillman it has disappeared. MIr. Crawford then read the letten from Col. Wilie Jlones, in which h( says that Tilimain can get a fail trial. This is the only representat ivt citizen who has mnade an affidavit foi the defence," and he says that Tillmar can get a fair trial now. There has been talk of violence to the accused Why. Col. Tillman walks in and out 01 thisCourt room with as much safet) as in his mother's home. The sworr statement of Senator .J. Q. MIarshal. shows that ther-e is as much feeling in every part of the State as is in thh county. There was some feeling against Co1. Tillman at the huie of thet killing, but this has sub sided noQW It has been shown that notwith standing the fact that 31lr. N. G. Gon zales fought the accused in his race fo, Governor last summer. (Col. ill mat received more votes than any othe1 candidate. The defence has presentet vou about fifty atlidlavits from citizen; of Lexington Countyv, who <jeelaret that a fair I rial cannot be had in Richm lnd. These people have nothing to d< with the caise. The defence must shov beyond a doubt that a fair trial catn not be had-. 1ust. it be showni by thi number of atti'iavits? Then~ w hav them. iWv the inteligence of thle atth ants? Th~en we have them. By t hei r~epresentative character: I)y the varie( occupationSy JI so. then the prosecu tion has them. They want to show that by a fev. newspaper clippings that a fair tria cannot be had. All of the preachers u Columbia have given affidavits show ing that Tillmani can get an impartia shwing. The defence wants to conl tradict their statement by shoWin; tlat on the Sunday after the shootot, pravers were orfered to spare the lie of this useful citizen. Mr. Crawford then read the names 0 some twenty physicians of the courtty who mingle witi the masses more thal anv ot her class of citizens, all of whor sy. without an exception, that theat eused cani get a fair trial here. T show that tWe prosecution had obtaiu edI the opinion of all classes of cit izen Ihe ounty, Mr. Crawford went ove the names of the lawyers, docto-s county officers. druggists, city oficials county delegation to the Legislaturc cankers, railroad men, about one hun dred and fifty merchants. and th fainers, who swore that a fair tria could be had. There are only 1.30 qualified .iurors. Both sides are limit ed in the same way in the drawing 0 the jury. The other side present 33 affidavits and we have 421: this make 452 of the citizens whom Tilimai would not have to fear, :351 who havi made ailidavits for the defence are no pre.udiced fagainst him and the 42 who have stated specifically that a fat trial can be had. The 500 remaining can be put on thei voir dire and I am sure that an nn part ial jury can be got.ten. The rul of the Court. is that you cannot decid whJether an imnpartial jury can bi sworn in until tleyare brought Lip an( put on their voir dire. We challeng the aidavits of -Mr. W. T. -Martin an( others. in which they state that tl newspapers have published article which were calculated to prejudice th< minds of the people and to hold t he de fendant under public censure. .1r Crawford went*on to say that the news papers published here, and especiall, the State, had been especially temper ate and mild in their reference to thi: case. Mr. Crawford spoke for about ont hour and a. half and closed with z strong p lea that the change of venu< should not be granted. COL. P. H1. NELsON'S AlGUMENT. Col. P. II. Nelson then spoke in sup port of the demand for a change o venue. Col. Nelson spoke in a mos eloquent manner for one hour, goinc over the legal phrases which are in volved in the case. iHe began by say ing that by the Constitution of tli State a fair and impartial trial wa! guaranteed to every man, and he pro: posed to show that a fair trial coult not be gotten here. We do not rely on the affidavit of the defendant, but on 350 affidavits ol citizens of Richland County. Th Statutes of South Carolina. in Sectior 2,73:5. allows change of venue on thx following grounds: "The Circuit Court shall have the power to change tie venue in all cases civil and criminal, pending therein and over which said Courts have origi nal jurisdiction, by ordering the re cord to be removed to another count3 in the same circult. The application for remozval must be made to the Judg( sitting in regular term by some party interested, or by the solicitor of the cir cuit, or accused, supported by allidavil that a fair and impartial trial canno1 be had in the county where such ac tion or prosecution was commenced The State shall have the same righi to make application for a change 01 venue that a defendant has in cases of murder, arson, rape, burglary. perjury forgery or grand larceny: Provided no change of venue shall he grantet in such cases until a true bill has beer found by grand jury. Ten days' notic of such application in civil and crimi nal cases shall be given to the advers party, and if a change is ordered il shall be to a county in the same judi cial circuit." .C, i In State vs Coleman 8S . 3 ti held that a motion for a change oj venue addresses itself to the discretioi of the pr'esiding J1udge. The change of venue was granted by the Circuit Judge, the Supreme Court saying "While here upon very general atliday its as to the improbability of a fai: and impartial trial in the county it which the bill was found, the J udge expressed his willingness to transfea case to another county in the circuil except Pickens, where there would bi no term of Court." In the case of Carroll vs Carroll vi Charleston and Seashore R~ailroad Company,61 S. C., it appearsthat onl) the affidavit of the plaintiff was sub mitted, which recited two mistrials and the great influence of the defen dant, the Consolidated Company Against that was submitted the atti davits of none of the jurors and th< change of venue was ordered, the Cour1 holding that it was in the discretior of the trial Judge to order the changi on the former trial. In the case of the State vs Jones the defendant was conv'icted of manslaugh ter and sentenced to twenty-fou: years. The case was appealed and re -erred, and ordered to a new trial The State moved for a change of venut and on single atlidavit the change was granted. in another unreported case J1udg< Kershawv granted a change of venue in Fairfield County, on the aftidavitt of three citizens. In the case of Crawford, in this county, the change was granted t< Kershaw County because of prej udice caused by the newspapers. Public feeling has been so much ex cited here now that people arc actu ally afraid to make affidavits on ac cont of losing their position in vari ous large corporations. In the Craw ford case, although there were onl, ten affidavits submitted for the de fence,.1 Judge Watts granted th< hange notwithstanding the fact thal seventy-eight prominent citizens of th; county said that a fair trial could b< gotten. MIr. Nelson then made reference t< the atnidvait of M1r. k . II. Weston. wh< said that he was elected to the Legisla~ ture in 1 i2. M1r. Nelson referred to the manne in which JTudge Andrew Crawford ha< read this affidavit, saying that Mtr Weston was elected in hardi times 1r. Nelson wanted the Court to kunov that these hard times referred to wa the littler tight between the Tillmian ites and Conservatives. Although h belonged to the latter side. he was no afraid to say that such a state of feel ing existed now and that no one di more to cautse this than the late edlito1 N. G. Gonzales. Some stress was put on the alidavii of I udge 0. W. Buchanan, in which h referred to a conversation betweei 3Mr. Nelson and County Auditor WX i. Gibbles. M1r. Gibbes had alway been a close personal friend to 31] Gonales and he (1id not. blame him fc hisit ter feelintgtowards M1r. Tilltnat Y our Ilonior will also take judicia cognizance of the A ct of 190O2 at, pa~g 1.00, werethe duty is devolved upo becu tiresurer. the county and: tor and~ clerk of Co'urt of Comntoi l'leas and Gecneral Sessions of selectin Iiand drawing j uriors itln. te Cirtcui Courts of the State. MIr. Giibes ing county auditor this duty devolve up~oni him. In the case of State vs Sullivan, 3: f. C.. 4o00: Tihe Judge oti beintg cot vinced that a fair trial could tiot tad by re-ason of the interestedness( the Court saying that it was well se tied that the jurors must be returne by impartial and disinterested otlicel -and that one of the otlicers whos f duty it was to returu the panel was relative of the deceased. and impartia and as some time would elapse hetor I his term of oilice would expire.and th1 - defendant being entitled to a speed D trial, a change of venue was ordered. - Attention was called to the fac s there were no cases reported in SoUt' r Carolina Courts in reference to new paper publications. In New ):or several cases were ci ted where change of venue were given on account newspaper prejudice. The atlidavits of Mr. A. E. and M W. E. Gonzales do not deny that o o the day after the not ice for change 0 venue that there was published a f editorial entitled "Only Criminal i Fear a Fair Trial." This was don s only to affect the minds of the peopk a The prosecution says that. the mini. ters did not refer to the case from thei puilpt1ts. Mr. Nelson then read se\ I eral extracts from the prayers tha r were offered on the Sunday after th shooting. Every single aliidavit pri r sented by the defence shows that Col Tilhinan cannot get a fa ir trial ant they also state the reason why he can not get a fair trial. Washington A. Clark has calle Gonzales a martyr and Tilinan an a: sassin. The same is true of -John J McMahan. The newspapers have pre judiced the minds of these people b publishing numerous facts in regard t this case. The defence has not onl - made reference to these articles. hi has presented these clippings to Iih .Couirts. Mr. Justice McCall of New York, i the case of People vs Buffett, grante a change of venue on the ground tha the newspapers had prejudiced th minds of the people so much agaius the prisoner. Tuese cases are cited to show ho% similar cases have been treated i other States. Col. Nelson then rea several similar cases to the Court showing that changes of venue hav been granted on the ground that news papers are sutficient to prejudice th minds of pezple so muc[ as to preven a fair trial. In closing Col. Nelson said that i had given him no pleasure to makt the criticism of those with whon he had formerly been friends. He wa: always willing to give the deceased edi tor the credit of believing that he wa I right and did not now want to chang his course. 'MR. BELLINGE'IS AU(VIENT. The next argument was that of Ex Attorney General G. Duncan Bellii ter A thorough review of the east was made by this dist iguished attor ney, who began by refut ing the argu ment presented Wednesday by Col George .Johnstone for the defence. 11 said: Has theCe been any fact presentet by which you can form an opinion tha the defe:idant cannot get a fair tria in thiscounty? The same legal principle which pre vails in a jury trial, that the Stati must prove its case beyond a reason able doubt, does not prevail at all ii this judical investigation. The ques tion is: Can James H. Tillinan re ceive a fair trial in Richland County It is a well-known principle of lav that a defendant must be tried at thi place in which the crime was con mitted. In olden times it was thc custom foi the witnesses of a crime t< decide on the case. The idea of chang< of venue is a comparatively new thin in law. Col. Johnstone said in hi argument that two-thirds of the atti davits made by the defence were thos of well-known citizens of Rich'ant County. This argument is illogica and a Circuit Judge knows one mar like another and supposes them all t< be fair-minded. When -the defence says that Mr. W A. Clark, J. J. McMahan and W. 11 Lyles attirm that the defendant is murde~rer this does not debar themfron saving he can .receive a fair trial here tThiey do not allege that these gentle men would lie: that their prejudict has carried them so far that they can not tell the truth. The prosecutio: does not make the allegation that the three hundred and fifty men wh< miadcaftidavits for the defence woul< give Jim Tillman anything but a fai trial. The four hunared and tifty af fiants for the defence, who swore thal ,Tlman could get a fair trial, certair -ly would give him justice. ~The Gonzales brothers and James A -Hoyt, who were so much attached ta the dead editor, would not sit on tn< jury. Gen. Bellinger made reference ti the case of the State against Williams A:. that time both sides could objec1 to twenty men and the State cool' stand aside the entire venire. Sine' then every change in the crimina trials haslbeen made in favor of thi -defendant. Gen. Bellinger said that in his ioni experience he had never seen certitie< extracts of Circuit Judges' opinion referred to. They should have ni weight whatever in this case. Th< atidavit, made by 31r. .John .1 Thomas, in the case of Crawford, whi killed Mrs. Isabella Stuart, for chang of venue, was read out in full by Gei Bellinger. He brought out the fact not read by Mr. Nelson, that at th t ime of the killing there was a grea uproar in Columbia; people had as sembled on the street to lynch Craw ford and it wvas only by being protect ed by two military companies that hi -life wvas spared. He contrasted this ta the state that existed when Mr. Gon zaes was killed. in answering the reference brough out by 3Mr. Nelson concerning th conversation which occurred witJ M1r. WV. HI. Gibbes, he sal< that the cases decided by the Cour w ~ere not for change of venue, bu were those in which mo0t ions have beel made to quash the indictment an< rehalaleng~e the array of jurors on at count of the illegal drawing of jurors -In the ease of Sullivan, where th -sheriff was just elected it would hay been four years before the de:'endan Scould have' rOtten a t rial, and in I ha case Ju dge S4el ver granted a cbang of venue. IAs the law now stands t wo comi -sioners can draw the jury andi it is no ~necessary for a change of venue onl tlbi ground. Gen. Bellinger then went cver th atlidavits presented by the defenet One of the alidavits makes an ir 1 sinuation that a Northern papeir ha .made suggestions that a fund be raise Sto prosecute Tillman. These atid~a' -its are so prejudiiced for the defendaun rthat they can have no force with th . Court. They further state that cit I zen s of ichland have come to thei savng t hat Tillman could not get 1 i trial in this county. These attid: - vts seem to be merely suppositior 1and are not based on facts. 1f forsoothi under these trying eil e cmntances~ the publishers of th1 - Stat e should say something t hat is fc 1discreet in reference to t his eas' woul d the defendant be deprived l 9gett ing a fair trial here? Indeed - has been said t hroughmout the wvho e Stat e of South Carolina that the new: f - -^ ~~ ^^^ ^ i C ntinnel on np .] THRi L Nj i STORY a From the Records of the Corps of IC e Cadets of the C e c t VIRGINIA MILITARY ACADEMY. c s in the War or Southern IndepeDd ence. The Gallaut Charge of C the Boy Battalion at c nI New Market. J r e It is a record unexampled in his tory, this story of some two hundred t r and twenty-tive boys, under 18., par- c ticipating in a sanguinary and hard fought battle, where the service they rendered was s& timely and effective, t that it materia'ly contributed to the r - fortunes of the day. In the month of May, 1864, three battles were fought on the soil of Virginia. Two 1 were on the eastern side of the Blue a Ridge Mountains, and one in the r I famous Valley of the Shenandoah, wbtre still walked the wraith of Stone- V wall Jackson, dead at Chancelorsville b the May previous. The gigantic con- c tiicts of the Wilderness and Spottsyl- f vania Court House, May 5 to 7 and AIay 8 to 18. which till so large a space t on the canvas of one of the world's greatest wars, would inevitably throw y v into the shade the small battle in the i valley, but for the romantic circum- a I stance that on the Confederate side it was partly fought by the cadets of the Virginia Military Acadtute. Yet r the battle of New Market was in itself a no insignificant factor in the defence of Virginia and the protection of the t Confederate Capital. 0 The Federal general, Sigel, who had I established himself at Winchester, in April, had a force of about 8,000 in fantry, 2,500 cavalry and three or - " four tield batteries, and was making ready for a forward movement. To meet him, Gen Imbodin, of the Con- V federate cavalry, who was in camp in Rockingham County, over seventy miles from Winchester, advanced with . a force of 1,4912 men and 100 scouts, a - who operated in Sigel's front and rear. a . The "reserves" Qf tockingham and Augusta counties, about 1,000 men, were notitied to be ready at a mo I ment's warning to join Imboden, and t L the same order was sent to the com I mandant of the Virginia Military In- r stitute. Imboden's skilful tactics h - granted him a respite of several days, h a which enabled Gen. Breckinridge to reach him from Southwest Virginia c with 2,500 veteran troops. Breck inridge then took command,- and the P battle of New Market was fought on ti ; the 15th of May. The scene of the . conilict, a little village with a popula- c tion of one thousand souls, nestled r, between the mountains and the river, ' in Shenandoah County, its undulating I< ground smiling'with orchards and t gardens and fertile fields of grain. - The cadets left the Institute on the 11th of May. Th ey were up before g, daybreak .making their preparations, C and, after an early breakfast were on s the march. With the ardor of youth they went joyfully to the fray. One of them, ten years later, recalled the t sensations of the hour "as the most .joyous moment of his life." 'The boys g in their gayety and exuberant spirits t1 -shouted and sang and whistled as they A -swung along, all of them joining, now t and then, in the chors of some favorite ci air. Arrived at Staunton they had yet forty miles to make- before reach- a ing New Market. it proved a long ti and toilsome march altogether, of b r four days' duration, through falling si rain and wet fields and mudy roads. h But the battle day dawned bright and ~ beautiful, though a terrific thunder ~ storm came later, mingling its terrors ri and grandeur with the thunder of the guns. The boy battalion on their ar-u rival were quickly in line, having been ~ assigned a central position so as to be as little exposed as possible. The a gallant Kentuckian in command, 'a gentle and brave, and one of the i handsomest men to be foun:1 in either army, on whom had fallen the man- g tIe, and with it the spirit, of Stone- ~ wall .Jackson, looked tenderly upon ~ the youths, called from their stu lies g to face a field of battle, and would d fain have spared them the fiery d ordeal. s ;Riding up to the -:adet corps, just s5 before the engagement, his graceful g and commanding figure a conspicuous I object on the field, Gen Breckinridge ti e said: "Young gentlemen, I hope 1 d t will not have to call upon you to-day, s5 - but 1 know if I should be obliged to - do so that you will do yojur duty." And ti nobly did they respond to this expecta- S tion. The battle was progressing v -successfully for the Confederates, n though stubbornly contested by the g t Union forces, when a terrible fire met o e Brekinridge from one of Sigel's t btteres, which was on elevated c ground, doing much damage to the 6 Conederate infantry, It was then, a at about 2 o'clock in the day. that b the cadets were called into action, ft -though they had already suffered a .several casualties from random shells. r; L The boys, with the agility and en- ri e thusiasm of their years, outran the lb Sveterans who were alongside of them, lI terossing a deep and rock gully about n three hundred yards from the battery, n under the concentrated tire of its six t guns, plunging through thorns and V s brers and over fallen logs and stumps t of trees. Then they waited for the 1) e t2d Virginia regiment some two or three minutes, keeping their forma- n tionl with wonderful coolness while b :1 the battery was doing its deadly work t -upon their youthful ranks. When 1 t the order was given to charge, the en- f e counter wvas soon over, though the -gunners stood gallantly to their guns 'a until overpowered. A cadet mounted s a a caisson and waved from it in 1 Itriumph the Virginia State flag, the r Icolors of the institute, rousing a wild a -. el of triumph from the Confeder- t elates. 1There was then a general advance e *along the whole line and tihe battle twas won. The cadets, out of two undred and twenty-five lost eight t killed and forty-six wounded. Gen. Shipp had been struck down at a C critical point in the charge and toj a 'apt Henry A. Wise, one of tbe ssistant professors. a young man not auch over 20, a nephew and name ake of Gen. Wise, had fallen the ommand of the battalion. Capt. Vise tells how, amid the noise and -ex itement. a tap on the shoulder .rrested his attentJon, and the news ame from a comrade that their olonel had fallen and he. as senior 1ficer, must take his place. The ittle confusion that had arisen when :ol. Shipp was carried to the rear was oon checlxed and Capt. Wise had his ommand well in hand, showing con picuous gallantry, coolness and de ision. When the battle was over 'apt. Wise had eight bullet holes in is clothes, though he could not emember how any of them came here. And he relates that both the ails of his long military coat were ut away. In the two large pockets vere his pipe and tobbacco pouch, nd the pipe was broken, but a piece fit remaining. One of his fingers was emporarily injured yet he could not ecall how or when. And to his memory afterwards the etion seemed to have occupied but a ew minutes, though he knew that it ad been much 1-)nger. Of one thing t the end, however, he had a vivid malization-that was the need of a ew pair of pats. as his own were so ut and torn. For this purpose he rent over the battlefield to find what e lacked on the fallen forms of his rstwhile foes. le consoled himself :r any impiety in "robbing the dead" ,ith the reflection that he was taking hat was no longer of any use to the feless wearer. Being a very tall oung fellow, it, was some time be re he found a man of his own height, nd then he discovered, as he at mpted the task. what a difficult ing it is to take anything off of the igid forms of the dead, He called soldier to his assistance, who, in his arn, appropriated the poor man's oes. The pants were carried to an Id negro washerwoman to be w-ll oiled and "plugged" where a ball had one through them, and then Capt. ise had the best pair of pants in the attalion. Capt. Wise has been for iany years an honored citizen of altimore, Md., where he is connected 'ith the public school system, and as made a reputation as an accom lished educator. Many touching and some amusing necdotes are told of the boy soldier.; d their prowess. Gen. Imboden re tes that Col. W. G. Lincoln, of the th Massachusetts, was very badly ounded, and his horse having been illed, he was caught under him. In is helpless plight he r.efused to sur mder to a cadet until the cadet ireatened to run him through with is bayonet. And the incident is re ted by Capt. Wise, of a cadet who lled to a Federal olicer to surren er, and the oticer, who despised his igmy adversary, refusing to do so, ie boy discharged his musket, in icting a fatal wound. "Oh, mister!" :ied the tender-hearted youth, as he tn forward to help his dying foe, "I m sorry I shot you!" "And what a ol was I," replied the other, "not > surrender!" A small c;adet, eager to show his lor, came excitedly forward to Capt. Tise with about eight or ten Federal ldiers, exclaiming in triumph: "See, aptain, I captured all these men my ~lf!" But the Captain shrewdly sus cted that the soldiers were on the 'ay to surrender themselves when is doughty young gentleman came p with them. Cadet Charles Carter adlph, a cousin of Gen. Lee, was 1e youngest boy in the battalion. .t the age of fourteen he had entered ae * Confederate service in a cavalry ympany from his native county, Fau ier. He reported to Gen. 'Jackson scourier before the battle of Slaugh zr's Mountain, and carried orders for im to the front. But he was so nall Gen. Jackson recommended that e be admitted as a cadet in the Mili try Institute. At the battle of New arket it is said that a Federal officer if used to surrender to him until the rave youth showed his readiness to se the bayonet. He was soon af ter ards desperately wounded in the ead, so that his life was despired of, d it was fully a year before he was ble to return to the institute. He ;now a clergyman in the diocese of is near relative, Bishop Alfred Ma ill Kandolph, of Southern Virginia. mong the cadets who were in the attle was the young son of the Con ~derate Secretary of War, Mr. Sed on. The story is told of Cadet Sed on that he was small of statore and delicate that one of his father's rvants was employed to carry his un fur him on the march. Gen. mboden had a boy brother among dese little heroes who was knocked own and disabled for the time by a pent canister shot. Among the cadets who gave up deir lives at N~ew Market, Cabell, tanard, Jefferson and Wheelwright 'ere especially noticeable for their obility of character and Christian races. Cadet Cabell was the eldest f(two brothers who were in the bat ilion, and his unseltish care and soli itude for his brother, their mother's arling, was remarked upon by his sociates. On the night before the attle he told a comrade of his fears r the boy's safety, then went apart d prayed for his brother, his com des and himself. And on the mom > he was taken and his brother ft Jacqueline Beverley Stanard ved for sometime after receiving his iortal wound, and he sent to his iother messages of love and farewell: Tell her," he said. "I[ fell where I -ished to fall, tighting for my coun ry, and I did not fight in vain. Tell iy mother I1 die with full confidence my God; my loved ones must meet ie in ~Heaven." And when from the attletield the distant, shout of vie ry fell upon his ear, i radiant smile t up his countenance and with a arvent " Thank God" the young hero fell asleep." Thomas Garland .Jelerson, of the me family as the author of the )eclaration of Independence, who had ceived the summon to battle as to banquet, displayed a Spartan f~orti de as he lay bleeding on the 'tield. '0 two of his companions who linger di to give him some assistance, he re lied, pointing to the advancing line: Tou can do nothing for me; go to he frot; there is the place for you." Cadet Wheelwright, who at the age f 14 had displayed remarkable cour .ma aring in asisting in the capture of a vessel from some trai tors who had seized it, was the young est of three brothers, two of whom were in the Confederate army. Think ing to preserve their Benjamin from the fatalities of war, his parents sent him to the Institute, and he alone fell a sacrifice. Surviving until the 2d of June, he bore his sufferings with the utmost patience and heroism, sending messages to his family of Christian hope and resignation. An incident that has been classed as touching the "high water mark of American heroism" is related of one of the cadets at New Market. Lieut. Carter Berkeley, of a Confederate battery, was passing over the battle field when he attracted by the c-ies of a mere iad, who, grievously wounded himself, was apparently unconscious of his own condition In his distress over his comrade. He sat with the latter's head upon his breast and called to Lieut. Berkeley: "Sir, do get me a doctor, for my friend is wounded." "My poor boy," replied the officer, your friend is dead, but I will get a doctor for you." They were, indeed, all worthy of their race, many of them being of gentle lineage and bearing historic names, in the noblest meaning, the "golden youth" of the Old Dominion. And among the cadets there were representatives also of the best blood of some of the Southern States. Some years after the war a Northern man came to the Institute to enter his young son there, saying to the commandant: "Sir, I was an otmeer in the Union army at the battle of New Market and was a witness to the bravery of your cadets, and I resolved then that if I ever had a son he should be educated In this school of heroes!" Among the cadets at New Market was a young Israelite, born in Rich mond, Va., now the world-renowned sculptor, Sir Moses Ezekiel, of Rome, Italy. To him, most appropriately, was consigned the execution of the monument to his comrades, the cor ner-stone of which was laid the 15th of May last, and which will be un veiled June 23. It occupies a beauti ful position on the parade ground of the Institute, in front of the entrance to the Jackson Memonrial Hall. At the cemetery of the Institute are the graves of the young heroes whose fame the monument commemorates. "Sleeping, but glorious, Dead in fame's portal, Dead, but victorious; Dead, but immortal! They gave us great glory, What more could- they give? They have left us a story, A story to live." Kate Mason Rowland. PULLED ARMS FROM SOCKETS. Strong Man Badly Injured in Trying to Outpull Horses. A New York dispatch -of Tuesday says: Sebastien Miller, a professional strong man, will be crippled for many weeks as a result of the accident at the Plattdeutscher Volksfeast at Ridgewood park when two horses be was trying to pull together almost tore his arms from their sockets. It is likely that he will never regain his former strength. The act which Miller attempted was to strap-himself to two powerful horses and drag them together by sheer muscular force. Two big bre wery horses were taken to the park for the test. Miller strapped his hand into loops that extended to a stout harness around the horses, one on each side of him. A great crowd watched him as he strained every muscle of his powerful body, but the horses did not budge. The crowd cheered, and the horses, frightened by the noise, started to move in opposite directions. The grinding of the giant's bones could be plainly heard, his face was drawn with pain until, when he could bear it no longer, he called for help. Men rushed upon the platform and stopped' the horses. It was none too soon; for the man's arms had been pulled from the sockets and the flesh broken, letting thin streams of blood course down his arms. A physician was soon with him, and after putting the dislocated bones back in place be allowed his patient to go home. Now be is un able to use either arm, and the doc tors say it will be a long time before he will be well. Buildings Destroyed. The most spectacular demolition of buildings in the history of the world was begun by the Pennsylvania rail road Wednesday in the very heart of New York. Four hundred buildings, including three churches, a hospital and a charitable home, will be made one grand ruin in order to erect a mammoth station in connection with that road's tunnel project from New Jersey to Long Island. A Big Map. A ten-acre map of the United States will be one of the interesting features of the St. Louis Exposition. It will be out of doors, on the ground, and paths for visitors will make the boundry lines of States. In each sec tion will be growing its chief product -corn in Kansas, rice in South Coro liua, etc. An exchange presumes that it will be kept padlocked to prevent any violation of the Monroe doctrine. A Blind Preacher. A special dispatch from Columbus, Ga., to the A ugusta Chronicle says Charles Noble, a blind young man, was given a license to preach by the Columbus district conference of the Methodist church. lie was left an orphan eight years ago. He entered the academy for the blind at Macon, and since leaving there has been studying hard for the ministry. A Judge in Danger. A special from Jackson, Ky., says J udge Cardwell, who presides over the city court there, and who fined two men brought before him on the charge of firing Capt. B. J. Ewen's hotel, has received notice of threaten ed assassination, and has taken up his residence in his store. Hie will be garded by militia. ANOTHER SCANDAL. The Departraent of Agriculture I Now Mixed Up. A special dispatch from Washingto to The State says scandal in t agricultural department has just bee brought to the president's attentio and another cabinet officer has ri ceived the presidential pronouncia mento-"Get at the facts." Extei sive frauds are charged In connectic with the letting of government cot tracts for seeds. Evidence has bee filed befo-re the court of claims in th case of the New York Market Garde! ers' acsoiation which so seriously r( flects upon the seed distributio bureau of the agricultural departmeE that the president could not let t matter pass unnoticed. From t evidence already produced it looks a if the government had been defraude of large sums of money appropriate by congress for yearly "seed disper sation" as a result of the action C seed firms In violating their contract' The New York firm alleges that th government still owes it over $18,00 under the contract for furnishing see for distribution. On the face of th evidence produced it appears that thi government has lost a small fortun in the transaction and the facts poin to gross carelessness if nothing wors on tha part of officials of the depart ment of agriculture. Here are the facts~ as developed For tie purchase and distribution c seeds congress appropriated $108,874, 18. Of this amount the manager c the New York Market Gardener. association, Arthur C. Nellis, is sail to have received $90,574,36. - It I the balance of $18,000 that the associa tion claims. In..the counter alleg2 tion it is contended that Mr. Nelli violated a previous contract in 189E but that despite this fact he receive a second contract in 1900. Amoni the charges against the contractor ar that among his seed packages were 0 short weight; inferior quality of see< were. sent out; the cheapest kind C paper employed; shipments delayed, a] though the law provides a fine of $2 for every day's delay; and that an ofd cial of the department of agricul ture was interested in the machine used in the manufacture of seei packets and that government inspec tors allowed packages of short weigh to pass unchallenged. The law requir -d that packages be shipped early ii November but as a matter of fac their shipment was delayed until th following February. It is believe that the investigation ordered b; President Roosevelt will develoi scandals involving the whole questioi of seed contracts and the prospect i that officials in the department o agriculture will be facing the musi after it has died out at the postoffic department. Bleeding Corporations. The Carolina Spartan says: "Peo ple have an idea that they can brin suit for damages against a corporatio1 for real er fancied grievances. A mai by the name of Seawell brought sui against the Seaboard Air-Line becaus while awaiting at the depot at Shelby N. C., some rowdies pelted him wit] eggs. He got a verdict for $4,500 The persons attacking Seawell be longed to one of the railway gangi If that decision holds, all emplayes I1 North Carolina may be held responsi ble for any insult or injury inflicte' by an employe. Many of the verdict against corporations are legalize' robbery. If a set of section hand should insult or attack one passing b them, the road employing them woul be held lable for damages. Flood nd verdicts in damage suit are pret y hard on railroads these days. I looks as if damage suits could go n< further than that Shelby case, bu the ingienuity of the people and tb skill of attorneys will no doubt cor tinue to ferret out new causes fc damages against corporations." Tb Spartan is right. Corporations shoult be held to a strict accountability, bu: they should not be robbed under a. sorts of pretexts. To Reclaim West Virginia. The Columbia State says Gov. Hey ward has received an interesting lette from George E. Gladden, a membe of the legislature of the State of Wes Virginia. In writing for a copy of ti election laws of Sonth Carolina, in says: "We expect to reclaim West Vil ginia's good old Democracy at tfD general election of 1904 and if we SUc eed we want to establish election an registration laws in order to eliminat the negro vote. This would also ki the ignorant white vote, largely R< publicrn, flowing into the State bE cause of its industrial devlopmeni The coming of the element into or State is what carried it Republicac But since Republican rule Is great] on-the wane we have good prospect to .carry it for Democracy. If suc should be the case we expect to enac such laws as would hold it in line fc all time." A Race Riot. At Wilmington, Del., a riot broki out Thursday night between white and negroes which for a time assume serious proportions. The arrival of squad of police, however, quickly di: persed the participants. Two arres1 were made. A gang of negroes nun bering probably two hundred who ha been marching up and down Nint street were challenged by about twet ty-five white men and in the batti that followed over a hundred shot were exchanged. A squad of polic4 men uuder Captain Evans and Serge ant McDermot rushed to the scene an charged upon the mob. The negroe and whites scattered and fled in a: directions but the police succeeded I capturing two negroes. Several pel sons were wounded. Another Lynching. A mob of fifty masked men Thuri day morning hanged Jack Harris, negro, to the porch of a building I the suburbs of Clarendon, Ala., Hai ris assaulted and seriously injure John Coburn, a white farmer, whn lives about eight miles from Clarendor The assault was committed Sunda and Harris captured the followint The mob forcibly took him from tn cusdy of the sheriff and hanged hin ENDS HIS LIFE. * A Doomed Negro Murderer Cheats the Galows e BY TAKING POISON IN THE JAI n n Where He Was Closely Confined Awaiting the Vengeance of the Law for His Heinous n Crime. John Brownfield, the negro who mur e dered Deputy Sheriff Scurry at George town in September, 1900, and who was n to have been hung last Friday, com t mitted suicide in his cell on Tuesday, e June 22, by taking poison. The Char e leston Post correspondent says it is not s known how he obtained the staff with which he killed himself. There has been some talk of the possibihty of the condemned man taking- his own life and cheating the gallows, but there was little-expectation of his being able to accomplish it. Brownfield made a remarkable fight to -escape the gal lows and carried his case to the Sa preme Court of the United States. He had exhausted every resource to save his neck, when finally be took his own life in the very shadow of the gallows. Brownfield killed Deputy Sheriff Scurry on September 30, 1900, resist ing the deputys undertaking to arrest him in a barber shop. The killing caused great excitement and a posse went to the woods and captured Brownfield and brought him to jail. There was some talk of lynching and the negroes began to gather from the surrounding country to prevent any such procesding, and afterwards with the purpose rescuing the prisoner from s the jail. The situation became very.-, bad and there was imminent danger of a race war, when Mayor Morgan ap pealed to Gov. McSweeney to order out. the militia. The Georgetown com panies and Major Schachte's command from Charleston were qtic4gy brought to the scene and their presents estab lished order and the trouble subsided. Brownfield was tried and convicted in December, 1901, and was sentenced to hang, but he appealed to the Sn preme Court of the State, which sus tained the judgment of the lower, court. His case was then carried to the Supreme Court of the United States, which denied his contentions of denial of constitutional rights, clos ing the last appeal tribunal to the murderer. On last Tuesday the ne gro was brought into court and finally - sentenced .to oe hanged on Friday, 26. He asked that Mayor Morgan and three prominent citizens of George. town would see him and -to them he appealed for influence with the Gov ernor to have his sentence commuted to life imprisonment. They declined to do anything, but recommended that he 'endeavor to enlist the sympathy of his *victim's brother, G. W. Scurry. Mr. Scurry refused promptly and emphati i cally to raise his hand in the negros b behalf and declared that he would e spend every dQllar he had to bring his brother's slayer to justice. 1A Florida Tragedy. - W. B. Hunter and Mrs Cephas -Eiland were killed and Cepijas Eiland I badly wounded in a shooting affray - at Sprink Lake Fla. Wednesday night. - i iland and~- Hunter are brothers-in S law, but were not on good terms. I Hunter was in Brooksville all day S Tuesday attending Court. He left i early in the ..evening and instead of I going directly home went to Elland's. S What occurred there Is told by Eiland, -the only survivor of the tragedy. He says Hunter being under the influence 3of whiskey, began using very profane and abusive language in the presence of Mrs Eiland. Eiland ordered him to leave. He puled his pistol and began r firing at Eiland, who returned the fire. e Mrs. Eiland sprang between the two I while they were shooting and was in stantly killed In the presence of her . three little children. After emptyrng his pistol Hunter ran a short distance and died. Eiland is badly wounded - Fourteen Cents Cotton. r The Anderson correspondent of r The State says the Cox Cotton mill of that city sold 100 bales of cotton last e week at 14 cent per pound. The cot e ton was of the upland long staple variety and came from the Missis'sippi e bottom lands. It is known as the F "Mississippi Bender." This cotton I usually sells for 1 cent to 1 1-4 cents e higher than the ordinary short staple 1 The Cox mill had more cotton on hand than was needed to run until the new crop comes in, and as a fancy .price was offered it was decided to sell r a part of it. The cotton was bought -forl10 cents and some ofit foles, so Y a handsome price was realized. The 5 mill still has on hand enough cotton i to run on full time until the new crop comes in. Boston Menaced. A new terror now menaces Boston. e Somebody claims to have discovered,by scientific methods, that the city is slowly sinking to sea level. It is a asserted that there has been a drop of -of about a foot in the last ninety years, and that the depression is -steadily going on. But, in view the weight of Boston intellect,- the a wonder is not that the city is being - mashed under, but that it has held e up so long. sKnew Its Business. SWhen a garter snake winds itself 1 around the leg of a young lady it is an s indication that it understands its business. Such is reported to be the 2 case In Pittsylvania county, Va. Miss -Eva Wright was swinging in a ham mock when she discovered the reptile. It was only 15 inches long and harm less. Gins for Porto Rtico. 2 A dispatch from Porto Rido says five cotton gins have arrived there from the United States and will be immedi o ately installed. They are the first gins .to reach Puerto Rico in 40 years. The y cotton plantations of the island now .cover 11,000 acres and the acrea is be e ing increased weekly. San Juan has L. ben choen as the cntre of this trade.