The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, May 25, 1921, Image 1
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/ ' l.F.XINGTON, SOUTH CAROLINA, WEDNESDAY, MAY 25, 1921. NUMBER 31.
^pVOLIJME NO. 51 ? : "
f GENERAL SESSIO
BUSY CL
^erdict of Not Guilty for Mitel
Case Continued?Grand Ju:
Case to Richland?Other C
* ?Court of General sessions opened
gE.. .Monday morning with Judge J. W.
1^^-JDeYore of Edgefield presiding. Solici^
toi^'Callison, Stenographer Anderson,
jpfT. ^Sterk of Court Harmon and Sheriff
Roof were at their posts of duty and
jjQfc the machinery of the court was soon
li? mcftion.
|f- . Earty in the day the grand jury
brought in a special presentment re1L'~
seating the transfer of the Swygert
Case to Richland county. As reported
^in The Dispatch-News last week this
Arrl or of
gp%r- action was ta*cen upuu mc ? -the
attorney general upon representations
made by attorneys for the
j^i-V prosecution. Following the grand
P?: jary'a presentment Solicitor Callison
j|?'i spade a statement to the court, in
(j^i^-wiiich he said that it was not upon
||L' /his, motion that the action of the atipr
tolrney general had been taken. His
fjNI /^pinion was that it was a bad prej||V.
f -cedent and he had refused to request
the, attorney general to order the
Hg/v' case tried in Richland. Since, however,
he had received orders from the
Bp' attorney general, the head of the
state's legal department, to withhold
the indictment in Lexington county
Sir he was left no choice in the matter.
Judge DeVore explained the law
^frhich provides that a case may be
in rho oountv where the
^Bf-' TShooting occurred <>r where the death
Sp^y.'occurred. He sustained the position
taken by .Mr. Callison that the soliciB?r;''tor
must be governed by the decision
BBp, h of the attorney general.
Hgkh The presentment is as follows:
v "It has come to our attention that
. effort has been made by a high
HP^$&te officer to have the Swygert case
ppp^i^trried to Columbia for trial and
Hu|^ja^g^r>a.way. -from Lexington county
it happened. We think this is
nncalled for reflection on our
flEB&eeoiinty and our people. We have not
pBpS&eard of any other county being treatthat
way and we can see no reason
mm*hy Lexington should be. We know
lipat the citizens of this county are
|. pi', fully able to take care of their owr
ajjffl&i affairs without outside interference
we condemn the reflection on oui
Iy and .our people,
e understand it is our duty, unur
oaths, to investigate matters
his and all others of a probabh
rial nature happening in oui
y, and we call upon the Solicitoi
sr circuit to prepare an indictfor
us and send the witnesses
? us so we may do our duty fullj
and jurors of the county. Wc
that this be done at once so we
ot have to attend court any lonan
is necessary to do our duty."
ther developments in the case
e watched with interest. The
tal courf in Richland will be
sion for some time. It is prethat
Solicitor Spigner, followe
instructions of Attorney Genfolfe,
will hand out an indictagainst
Swygert at the present
Constables Come Clear.
ier Crout, Alva Dew and Will
11, two of whom were duly apl
deputy sheriffs and the other
strate's constable, were acquitthe
charge of murder. They
sen indicted for the killing of
Brown near New Brookland
ay. Brown had accompanied
"W.. Ott, a federal prohibition offiBjlfficer
and a transfer driver named Xoely
I|s2^jto. a patch of woods near New Brookps
land, said to have been a rendezvous
S??.-:#or liquor runners. Ott claimed to
have been in search of captured liquor
PlIssC ^hich had been buried. The constables
claimed that they came upon
^^- 'the car and when they accosted the
Bgj?. party in the automobile they were
-greeted with a command to throw up
their hands and w<-rc fired upon.
P^r^fitchell was wounded in the b>g. The
shooting' became general and in the
Bgl^raelee Brown was kilbd and eu was
^^'jyounded. After de!ib<-:;itimr a short
B^'-vtime the jury brought in a \ ? i*
guilty, fhe defendants w.-:v ! >>^^^j^aented
by Pyrus I.. Sh-al\ and ! :.
If,; Kelly < aso I'OSt |M>IK'<1.
Tlidge DeVore granted a .ntinu[km't
forget the Book Shower l-'rir
evening, May 27th.
INS COURT
EARING DOCKET
1
I
" I
hell, Crout and Dew?Kelly
ry Resents Moving Swygert
ases?No Court Next Week.
ance of the case of the State against
"Newt" Kelly and Frank Goff, charged
with the murder of David H. Shull
in New Brookland last December.
This case was continued from the
last term of court. Motion for continuance
was made by Cole L. Blease
on the ground that two material witnesses
had just recently been arrest|ed
by United States government authorities
on a conspiracy charge and
were in the Richland county jail and
unable to get to court. The same
attorney also made a motion to quash
the indictment on the grounds that
the grand jury which handed out the
j-tt'cic not a legal grand jury,
inasmuch as the record did not show
that they had been summoned, empanelled,
sworn or charged by the
presiding judge, and on the further
; grounds that the names of no women
had been placed in the jury box v.-hen
; the grand jury was drawn and that
the defendant's name was not "Newt",
which was a nickname. A further
! ground was taken that the venire
summoning the grand jury did not
have the seal of the clerk of court affixed
at the proper place. The motion::
to continue and to quash the indictment
were opposed by Solicitor
Caliison and George Bell Timmerman.
Judge DeVore overruled the motion
to quash the indictment, but granted
the continuance.
. Other Cases.
James Allen, colored, pleaded guilty
to a charge of stealing a bale of cutton
and was sentenced to IS months
"R the gang.
J. H. Werntz and J. D. Smith,
who pleaded guilty to a charge of
violating prohibition law, were lined
$.300 and $100 respectively and paid.
J lllfir xxutrrt.
Quinton Johnson, colored, was
; cleared of a charge of housebreaking
and larceny.
l Joseph Merritt. colored, was found
not guilty of a c harge of'assault and
; battery of a high and aggravated nai
ture.
, As The Dispatch-Xews goes to press
the court is engaged on the case of
the State against Hamp Harris, colored.
charged with assault and battery
with intent to kill.
Grand Jury Presentment.
The grand jury, having completed
its duties, was discharged by .Judge
DeVore. after making their presentment,
the salient parts of which are
as follows:
"At this session we, the entire body
of the grand jury, strongly recommend
that the executive officers of
the county and of the towns of Lexington
county shall exercise especial
diligence in the enforcement of all
laws governing traffic, prohibtion and
the keeping open places of business
on the Sabbath day and especially the
law governing vagrancy.
"We also recommend that the
county supervisor take steps at once
for the erection of a bridge across
what is known as Fourteen Mile
. Cieok on the Wise Ferry Road, about
1 1 -2 miles northwest of Lexington.
"The committee on jail and poor
house report that conditions of same
have not improved since our meeting
in January and we request that same
have immediate attention.
"All other committee reports are
favorable.
"With reference to the request that
the grand jury recommend that the
county pay hospital and doctor's bill
for Mr. Earl Asbill, the grand jury
recommends that this bill not be paid
by the county.
"We thank your honor and the oflieers
of the court for all the courtesies
shown th<- grand jury at tinPreseh?
term of the court.
"Respectfully submitted.
"J. M. Roberts. Foreman."
,\o Court Nr\t Woo];.
("ourt < ! troiuTM: sessions will l>t|
!inisho?l this wool;. a?ul iuusoiuch as
j this is ;i j?: i rti'Ula fly busy tiuo* of th"
[ y?-ar with f;?rotors n*? oourt will 1 >
w? k ivil business 1 >< 1?.u
You uot your moiioy hack if you arc
| not more tiiaa ploasod with "Toot- I
j sio's lltohanri'* at Loxiiiirton. Friday!
| uiuht. May 27
ST. STEPHEN'S EVANGELICAL
LUTHERAN CHURCH
Arthur B. Obenschain. pastor.
Mr. It. Heber Barre. superintendent
of Sunday school.
Divine services at 11:00 a. m. and
8:00 p. m.
Sunday school at 10:00 a. m.
The morning theme on. Sunday,
May the 29th, will be: "The Contrasting
Condition of The Evil And
The Risrhteous at The End." The
evening theme will be: "A Noble Aspiration
And Desire." During June
and July the evening service will be
at 8:15 instead of at 8:00 o'clock. A
very cordial invitation is extended to
the public to attend these services.
ARTHUR B. OBEXSCHAIX.
Pastor.
REVIVAL MEETING
AT REI) BANK.
The Dispatch-Xews is in receipt of
a note from Rev. "W. H. Whaley announcing
a revival meeting at Red
Bank, as follows:
"Ploiieo QTinnmicii thrniicli vnnr
paper that I will begin a revival
meeting at Red Bank on next Sunday
night, May 29, and that Prof. J. B.
Powers of Charleston will have
charge of the music. The public is
cordially invited to attend all these
services.
"W. H. WHALEY. Pastor."
DEATII %F MRS. MARTHA RISTEfl
Martha Elizabeth Rister was borr
| April, 1833, and departed life Apri;
| 25, 1921, at the ripe age of 88 years
two months and 2 7 days. She was
married to John liister December 25
Her husband and one grandchilc
preceded her to the spirit land. Sin.
leaves to mourn her two sons and five
grandchildren and eight great grandchildren.
Besides these, she leaves ;
j number of relatives and friends t<
| mourn her departure. She was bapj
tized in infancy and in early life was
i , - ... , , ...
i connrmeu in ?i. jacwus. r>ne wus ;
; faithful church member until her
! health failed her.
Writen l>y Her (rranddaughters.
o ? <a> > o>
i HEVIVAL SERVICES.
j Revival services will begin in th<
I Lexington Methodist church, Sunday
June 5th. at S i>. m. The music wil
J be in charge of Prof. "W. J. Smith
! of Gilbert. S. C.. the pastor, Rev. H
1 A. Whitten, will bo assisted by Rev
! A. E. Driggers of Clemson College
Rev. Mr. Driggers is no stranger tt
; many people in Lexington county, ai
I he served as pastor of the Methodis
! church at Leesville for three years
' Many of our people will be delightet
i
I to have this privilege of again hear
; ing Mr. Driggers, and we feel sun
that he will be greeted by a ful
: house at the first service.
?
Who will bring the most l>ooks?
SCXDAY SCHOOL I'ICMC,
A Sunday school day exercises am
basket picnic will be enjoyed by tin
people of Hebron Methodist churcl
n??vt S5;? tmvliiv \!:iv ?Sltb The child.
ren and young people of tlit- Sunda>
school will have charge of the exer1
rises in the morning, beginning
J promptly at 1" o'clock. In the afternoon
there will be an address b\
Prof. .J. F>. Horton of Columbia
I Come and bring well filled basket*
and enjoy the day with us.
| H. A .WRITTEN. Pastor.
NEWS FROM ARTHURS.
!
i ?????
! Mrs. Elizabeth Crouch and father
i .Mr. Philip M. Kitching. are visiting
I Mr. Kitching's daughter. Mrs. Mike
! L. Roof and family.
! The Oak Grove school closed in
j April and the principal, Miss Lessie
j Shull. offered a prize to the pupil or
pupils making the highest marks on
all examinations. The rewards were
I
( won by Miss Ernestine Shull. fifth
j grade, and Miss Mildred Roof, sevI
enth grade.
i Arthurs is growing very fast and
will soon lie "a groat big town."
J'.ROWX EYES.
? ?
m\<. at i*ii.e.ili.m.
TMciv \\ i J * !.< ] t- hi;-: n? i' I i -:" i:;;
i .;:r I r ?-is':r<-h -t * ? ?; t ,]} > :.:!!
) i <u:i !.< < ii. SllinSny 11 ??i
:iT ! < VIt?<*!<. 'I'll-- llw. Mr. Smvcl'S
V?:i! 4 J I j V J '!! i'i 1 !< !!.
! 111 ii<- is t nrili.ii!y invito! t-< t11.scrvit
? <.
' -^?V <i ?
Vdii want to keep an rye on Leonard
I'nrman in ''Tontsio's llusbani!"
at Lexington. I-'ritlay niiiht. >!:i> 27.
j ],i:\I\C.TO\ <;IKL lioNOKKI)
with Mi sic scholarship. i
I
Mrs. Mabel C. Tn111 litis awarded
seven scholarships to as many pcrsons
in South Carolina for the Fontainebleau
School of Music, Paris,
according to a letter received at the
governor's office. It was first announced
that only throe scholarships
to this school would l?e available, hut
due to no applications having been
received in Xorth Carolina, the number
for this state was increased. Those
who have been awarded scholarships
<i? .mn on need bv Mrs. Tuttle are:
Miss Margaret Erwin, Spartanburg;
Miss Evelyn Smith. Cheraw; Miss
Aileen McMillan, Latta; Miss Allie
Randle, Rock Hill; Miss Elizabeth
Cooper, Bennefttsville; L. Clifton
Moise, Sumter; Miss Mary Susie Roof,
Lexington.
Miss Susie Roof, who was awarded
one of the scholarships, is'a daughter
of Mr. and Mrs. E. B. Roof of Lexington.
Mrs. Roof herself is a talented
musician and has taught music
here for many years. Miss Roof's
many friends rejoice at the unusual
opportunity which is presented her to
improve her native ability and we
predict for her a wonderful success.
. PROGRAM
' t
.!
The Union meeting of the Upper
Division of the Lexington Baptist association
will meet May 27, 28 and
; 2!>. with the Red Bank Baptist church
near Lexington, S. ('.
i ITiday Night.
[ Special service and sermon ar.!
ranged by Red Bank church and pas;
j tor.
. j Saturday. A. AT.
M in o'clock?Devotional Services, by
; | Rev. S. II. Taylor.
J 10:15?Report 1'iom eh u relies in
' i
. ' the Union meeting.
i
t! 10:30.?Should a Church Receive
Jan Kx-Churcli Member of Another
.! Sister Church ? Prank Ounter. Rev.
J A. Hartley.
! 11:00.?The Chun-he's Dutv in Soul
i
| Winning. Rev. .T. T. Hiers an<l Rev.
jW. II. Whale v.
11:30.?Opening sermon. Rev. A.
A. Ilagood.
12:00.?The church's duty to its
! Pastor. Frank Langford. Rev. ITas?,
ford B. .Tones.
, J Saturday. P. M.
l[ 2:00.?Song service, conducted by
i 1 Rev. M. Shepard.
i.
. | 2:30.?The Revival We Xeed and
' t<\ <rnt if T?ov itt'ii Revnnlrls
. I Rev. C. W. Jones.
> j 3:00.?The Pastor's Duty to His
>5 Church. Rev. F. H. Funderburg,
t j I iev. A . I lartley.
. j Saturday Xight.
ij 7:30.?Tim Church's Duty to Its
- Young People. Rev. Shepard. Rev.
- AW H. Whaley.
1 S :0o?Sermon by Rev. C. \\".
i Join s.
Sunday A. .M.
i 10:00.?Sunday School.
11:00.?The Church's Duty to Its
! Sunday school. Hon. T. C. Callison.
I 11:3m.?Sermon bv Rev. J. T.
I I
j liters.
I Every church in the I'.nion is ext
i
j pe<-tod to send delegates.
HASFORD R. JoXES.
Mod.
(*,. PERRY KIRKLAXD,
Clerk.
i m m
j REMEMBER the BOOK Shower.
.1 See "Tootsfe's Husband" at Lexi
c ington. Friday night. May 27.
i
I.EXIXGTOX (1IICFIT.
Services Sunday. May 23th. 1321.
Horeb?Sunday school at 10 a. m.,
. D. L. Harmon. superintendent,
r Preaching at 11 o'clock followed by
the Holy Communion.
Hebron?Sunday school at 10 o'i
dock, R. N. Senn, superintendent.
; j Red Bank?Sunday school at 10
a. m., J. F. Sharpe, superintendent.
Lexinyton?Sunday school at 10 a.
I m.. W. I). Dent. superintendent.
i
1Preaching at s o'clock.
! Come and worship with us.
11. A. WRITTEN. !
Pastor. |
BOOiv
SHOWER.
I
E\'? ryo; i> ir .-ar.ucstp. rc-jUest' ,; p?
: imr.c to the !,oi>!< shower i Yidav j
. v;.in May j'i:.. .- ii'c court
Pooh oiuain.-ii . ". this!
' s!;ov.-.-; :!' r ,,f ,;,t. j
i ^ j
i ? ! i! i ?.
? -
i l ive hundred <a\\ "Toot>ie*s Htisj
baud" at (hapin. \l! want to see it j
J airaiti at l.cxiniiton. Friday niuht. May]
J7 !
r?\ti:sm ih; m:\vs notks.
t
|
Dr. K. Pendleton .Junes, pastor of j
tin- Batesburg Baptist church, ten-!
dered his resignation Sunday as pas- !
tor effective July 1st. Dr. Jones has j
accepted a call to a church in Yir- j
ginia. his native state. As an orator j
Dr. Jones has hardly an euual in the'
Baptist denomination in this state and
it. is with reluctance on the part off
the members of the Bates burg Bap- j
tist church that his resignation is ar- j
cepted. It is not known at present who ,
will succeed him.
Mr. X. I'. Mitchell, a law student
of the University of South Carolina, is
in town attending the commencement
of Summerland college.
Rev. P. D. Risinger of Ehrhart
in Bamberg county is here today attending
the commencement exercises
of Summerland college. He is chairman
of the board of trustees.
Mr. Henry S. Black of Saluda was
here on busines Monday.
Solicitor T. C. Oallison of hexing-,
|.ton was in town Saturday.
Mrs. Wallace Wright and son of
Columbia spent Sunday in town as
the guests of Mr. and Mrs. Leon H.
Wright.
Hon. J. M. Gaines of Greenwood,,
a former state senator from that
county, was in town Thursday.
Miss Martha Shealy, member of the
Springfield Graded school faculty, was
the guest of friends in town Saturday.
Messrs. W. A. Cooner, W. A.
Crouch. W. B. Hite and John Sawyer
were elected by the local Confederate
Veterans camp to represent
them at the reunion held at Camden
last week.
A larg number of our people attended
the baccalaureate sermon of
Jicv. J. J,. Morgan, preached in the
Wittenburg Lutheran church. Leesvil?\
on Sunday morhing.
Dr. !?. W. Daniel, a member of
the faculty of Clemson College, will
deliver an address to the graduates of
i.lie High school Wednesday evening
of this week.
As a result of the rain last week
most of the early peaches rotted on
the trees. It seems that all kinds of
l'vuit is about two weeks earlier this
season as compared with former
years.
The small grain is being harvested
this week, which is also about ten
days or two weeks earlier than last
season. In some sections the wheat
and oat crop will be about an average.
For a while the entire grain crop in
this section appeared to be almost a
faiiurc.
The commencement exercises of
Sammerland college which began last
Friday evening are being largely attended
from many sections of the
state. A full account of the commencement
exercises will be given in
next communication.
LF.\ IX(.TON PEC)PLi: si:i:
TOWN FROM Tin: A1I1
Licuts. itunser and Turner visited
Lexington last Saturday in their aeroplane
and took several of our citizens
for a ride. They came over to deliver
copies of "Tile Air Messenger," a
paper published by them in the interest
of the air service, and after delivering
the papers landed near the
town limits to take on passengers.
During the afternoon they took for
a "fly" L. C. Miller, S. J. Kyzer, and
Mr. and Mrs. Alfred Sease. Mr. H.
I). George accompanied the aviators
back to Columbia in the machine.
MR. BALLENTINE AT BANK
OF WESTERN CAROLINA
Mr. Jesse S. Ballentine has accepted
the position as assistant manager
of the Lexington Branch of the
Bank of Western Carolina, taking the
I
place of Herbert H. Livingston, who
has held the position acceptably for j
several years. Mr. Livingston has
been transferred i<> the Batesburg
branch of the bank, where he will i
l
hold the position of assistant manu- !
gcr. Mr. Ballentine assumed his new |
I Uiiti?-s Alti
T<: S'i.W YOKK i OU ,
i OTTO.V (ONi IMi \< III
|
t
V?" 1]'i ? l;i* i'. ! Pi'i : ? ?!* '
v |
' <>: t t: A>s<)i*ia i i<'. w ill ! :s j
Saml.-y :>>r Xt \\ i*5;. I< > atii-ml th-*|
W. I 1 ' 'nt ton t ,??ntVrcn?T. whirh j
mkm'Is ii i. A!iy 11111 :i!. Tin- n?n-1
i'nrmn will 1 u- l>y badim;
I'm:!ii' ii-rs. manufacture! s ami i'ai-- |
mcrs It'i >! 11 :: 1! over tile \vor!*i. All'.
lM'ict i ts t>? !>< away a 1 ? ?:?r n-nl
days.
STOP SPEEDERS ON
AUGUSTA ROAD
Speeding* on th<- Augusta highway.
between Lexington and Columbia, has
become so common and dangerous
that the authorities have decided to
put a stop to it if possible. Rural
Policeman Lown and Sheriff E. Austin
Roof yesterday held a consultation
and decided to go after violators
of the speed law with vigor. The
law provides that a speed of 25 miles
an hour shall be the limit. Super1
visor Steele will be asked to have
some signs made showing the speed
limit, which will be conspicuously
posted along the road. They desire
dhat everybody have due and timely
notice, but expect at once to take
steps to regulate traffic on the road
in the interest of the public safety.
The road is being maintained in fine
| shape and doubtless the temptation is
great. Fast driving is said to be rule
rather than the exception and many
' expect every day to hear of some serious
accident.
Mr. Lown was on the road Tuesj
day afternoon and found it necessary
I to warn more than one motorist. He
| and Sheriff Roof urge everybody to
take notice that hereafter those who
drive beyond the legal limit will be
j'haled into court.
CONFEDERATES PRAISE
CAMDE? HOSPITALITY
The Lexington contingent of Conj
federate veterans who attended the
. state reunion at Camden returned
; last week more than pleased with the
I hospitality of the town. They were
! all loud in their praises of the good
| times which the people of Camden
gave them. The homes of the people
! were thrown open to them and every,
! thing possible was done for their coir.*
' fort and convenience. The LexingI
ton contingent were particularly
j charmed with rendition of a solo by
i Mrs. Dora Zemp of Camden, who is
| a native of Leesville, being a daughi
ter of Rev. Win. Roof. Those who
j went from this county were: Col. and
Mrs. M. D. Harman, Messrs. Jas.
E. Rawl, D. T. Hare, G. M. Hari
man, E. J. Roof, .1. A. Dreher, Ed!
win Roof. James MeGrady, John W?
' Lee, J. E. Shealy, Hilliard Shealy,
i John T. Shealy, George Dreher,
I Thomas Buff, J. T. Kleekley, ThornI
as Roof, Jacob Haltiwanger, John H?
I Eargle. Joe Haltiwanger, M. Crouch,
I Wade Crouch, James W. Cooper, Adi
dison Vansant and wife.
Tin* reunion will bo held at Dar!
lington next year.
tin: hoodoo" si ((i:ss
FROM START TO FINISH
, "The i I<???d? ? given by pupils of
, the Lexington High School, was a dej
cided success. Cnder the skillful
I training of Mrs. .1. D. Carroll, the
i participants developed in a short
i time all of their latent talent and the
j large audience was not slow to greet
j their good work with rounds of apj
plause.
The play was given as part of the
I
closing exercises of the school. In
order to raise funds for necessary imi
! provements a small admission was
j charged, netting a nice sum. Those
i who took part in the play were: Her!
bert Hendrix. Marto Lorick, Ray
mond Hendrix, Gary Harmon, M. Q.
Gibbs, Clinton Hendrix, Neita Lee
Harmon, Grace Bodie, Myrtle Rawl,
Cecelia Hook. Anna Lee Corley, Chicora
Caughman, Bedie George, Ola
I "Warner, Xola Price, Hatrie Lee "Win[
gard, Wenona Corley.
Mr. and Mrs. Ballentine will leave
tomorrow for their home in Leesville.
\MKRIC.\X LKGION.
The regular monthly meeting of ih?k
Lexington Post of the American Legion
will be held in their club rooms
tomorrow ovening at s:tb> o'clock.
So::i< rtant matters ar? scheduled
for consideration and every
::1 c M t >' !' !S iirg'"d t" iit'-'lUi tlttd britt*.
a now member.
Stvirm I.iiilU
"hi . si:r! 111\ tills in*- hiu.itii
i, ii.-is j;is: : .i,i LiVt .i' spiri*:: .I
:i\v;ikoniir-r."
Y.-s ""
"'!*?! ' :*:?h r.ls s !: !\r ot $" " > i