Historical Newspapers of South Carolina

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BjT<^^KNO. 51 ? - . LEXINGTON, SOUTH CAROLINA, WEDNESDAY, SEPTEMBER 21, 1921. NUMBER 48. I &RAND JURY PRI DEALS WITH Rural Policeman Asbill Scored! || jfor Alleged Shooting on! V f j | Fourth of July RecomImend Abolishing Holidays j ;1 / for Coiivicts. [ . The grand jury of Lexington county J g^T" last. Thursday brought in its present-f ^ ment to the court. The presentment r torched upon mkny matters of imji^ portance to the county, including the |; recent lynching of Will Allen near Chapin, the prevailing system of aly % lowing some convicts on the chain* ? 1 gangweek-end holidays, impro^eIt ment of matters at the county poor^hoase and others- The grand jury v- was v particularly severe in its conC demnation of Rural Policeman Asbill f;:--. for his alleged shooting at the autor f. mobile of Dr. Rice B. Harmon on the Fourth of July last and asked Judge v Sease to publicly reprimand the offi'I' cer. Judge Sease stated that this was out of his province, but said that g the presentment of the grand jury ' _1 U was correct ine omcer sxiuuiu ue ic?m , mqved from office. He directed the j^^cler? of court to transmit to the leg? islative delegation a copy of that portion of the presentment dealing with : ') that matter together wih his comm5*>i 4tV* % . v r "K * . " ? >ment'thereon. f V The presentment in full was as folWv1 vV. Presentment . , ^ ^Hpr.. Thomas S. Sease, Presiding pvV We beg leave to report to this hon- i sgr^feable court that we have considered | acted, upon all bills jof indictment: j^/$jc8toded us by the solicitor. Our en-! ^^|fe?sements will be found upon all of j &3faid indictments and thus speak for. |8?i^As to the lynching that ,occurred in ! cov.nty near Chapin, upon which ' Hwipur honor has spoken to us. we begj j^fpreport that the solicitor has inform- j ^pdthisjury that a detective is row en-! hi investigation of this matter.! Ksl&nd that^ this will be followed by j |>er action by the proper authori-j In this connection, we wish to: >n record as strongly condemning i violence.. , i iirough our committees, we beg. eport that we find the c-haingang he county in good condition: but: as been, called to our attention j certain "trusties" of the gang! i repeatedly been seen riding on j public highway dressed in ordi- j - civilian clothes, and that these j e persons have been seen in Co-, bia dressed in the same manner. \ particular case of this sort is that; Vill ("Shine") Meetze, now serv-. time on the gang. We recom- j d that the proper officers be reed to discontinue such privileges' ach convicts. e find that there are some repairs | ed at the county poorhouse. We! amend that these repairs be' e at once. We also recommend I mi present steward of the poor- j ^-Jkouse be removed and that a man of Smaller family be put in his place, jgkjfo that the expenses may be reduced. Bpys^ftarther recommend that the farm the county poorhouse -be so mant+iat th?? institution mav become I^SeJf-sustaining. and provide provisIfesons for the county chaingang. j^\ W? recommend that all mail route ' ^ r?a.d# be kept in a good state of rep^; paiand that the county supervisor p. . take in all unused tools and machines: ^ ery and properly house them, or sell : them. We .present Jim Jones and Elsie 'jr. Jones of near Swansea, for living in adultery, and recommend that thej solicitor take- the necessary steps in j |?. this case. It has been reported to us that Magistrate Scnn of Swansea, did. on or aboht the 12th of September, 1021, ^ settle a case of violation of the prohibition law, for the sum of fifty dol/ - lars. We think that this action is be^yond his authority, and recommend that the matter be investigated at i, once. I The fiat at Hope's Ferry crossing} is in baJ condition for use. We recnm-j |j&v. SENTMENT [ [ MANY AFFAIRS! mend that this fiat be repaired at once. Upon investigation, we find that the repairs which we previously recommended to be made on the county jail have not been made. We again recommend that these repairs be nt nnr-p bv the proper authori ties. We recommend that our officers be i more vigilant in the proper enforcement of the prohibition laws: and, also, the law regulating speed of motor cars on the public highways. We xwish to call the attention of this court to an indictment handed us charging Rural Policeman George W. Asbill with assault with intent to kill. We thoroughly investigated this bill of indictment, and for reasons best known to this jury, returned the said indictment with our endorsement of "no bill" thereon. In this case, Policeman Asbill was charged "with having fired his pistol into an automobile which was being driven on the public highway of the county by Dr. Rice B. Harmon, on the 4th of July, 19,21, when the said Dr. Harmon failed to stop his car at some insignificant signal of the said policeman. This grand jury desires "to heartily cooperate with all of the peace officer^ of th$ county in maintaining law and order, but all of such peace officers should act with due j caution and discretion in the perform-! ance of their duties. In this case, we think that Policeman Asbill flagrantly abused his high authority, and acted carelessly and wrecklessly, and needlessly endangered the life of an j innocent person who was riding in j the car at the time. The rural police j system was established in Lexington county during the last session of the i general assembly, and such careless- j ness and indiscretion an the part of J' the. police will 'quickly throw the | whole system into disrepute and greatly minimize the wholesome effect j the system was intended to bring. I V i This jury has not the appointing nor i the removal power in connection with ! the rural police, but we desire to go . on record as condemning, in the: strongest measures possible, the fool- j ish. wreckiess and dangerous act of! Policeman Asbill on the occasion \ above referred to; and we hereby re-i spectfully request this honorable! I court to administer to Rural Police- | man George W. Asbill. a public rep- j rimand for his careless, wreckiess and wanton act while in the discharge of i his duty. We have examined the various | county offices as required by law, and J we beg to report that we have found j all of them in good condition, with j the exception of some contention be-1 tween the present county superintendent of education and his predecessor in office as to the filing of the annual report of that office. We are not sure as to the law governing this matter, but suggest that it be done promptly and by the proper person. We des;./e to thank the presiding! judge, the court .officials, and thje various county officers fqr the many j courtesies extended us in our work, j - Respectfully submitted, J. H. ROBERTS. f Foreman of the Grand Jury. September 15, 1921. SOX OF MR. AXD MRS. H. A. ROBERTS CHOKED TO DEATH 1 i Marion O'Xoil Roberts, little son of j Mr. and Mrs. Harry A. Roberts, was i choked to death by a pindar Satur- J day last. September 16. The little | .fellow was playing with his little j brother and sister at home. The j 'little girl gave him a pindar, which | in some way lodged in his throat. ! When his critical condition was j known he was rushed to the office of ! Dr. G. F. Roberts, but died before! reaching the doctor's office. Little Marion was a bright, winsome boy, just six years, two months and 15 days old at the time of his death. He had endeared himself to ^-all with whom he came in contact. He had just entered school this session for the first time. Funeral services were j held Sunday afternoon at St. Steph- j en's Lutheran church, conducted by the pastor, Rev. Arthur B. Obensehain. One of the largest congrega- j tion.s ever attending the funeral of one j so young was present. Mr. and Mrs. Roberts have the sympathy of the entire community. LEXINGTON M The Dispatch-News/ hs subscriber in Washington C low which should prove of s folks. The writer of the lei (who still retains her interest ter is as follows: 1472 The Lexington Dispatch-? Gentlemen: Please find enclosed subscription to your pape I was much intereste ers are organizing. I re the peach industry began a native ofGonnecticut, si y a nursery man, that peat Northern markets, and s< dustry has resulted. I bi all the resources that oth< have, and only needs a li forward. Not long,ago here at 50c per qifart, shij . I was wondering if Calif from our Lexington figs, finest yever ate, or if the only a little more progre fancy prices here all the 3 Grapes are now 20c and HISTORIC COURT TERM CAME TO CLOSE SATURDAY With, the conclusion of the Rawl case Saturday, one of the most historic terms of court ever held in Lexington came to an end. it has been a very trying week on oilicials and attendants. The extieme heat added materialy to the discomfort, interest in most cases Xas keen and the court house was packed practically every day. ; As a result of this term of oun ' three white men were sentenced to I I the electric chair, two white women! and three white men were sentenced! to lit'e imprisonment, while various other sentences of smaller penalties' were imposed upon white and black. I Both the chaingang and penitentiary will have their populations swelled, I while the county jail has been temy porarily almost depopulated. Every important ease on the docket except that against Kelly and Goft and the Swj^gert case was disposed of. Owing to the death of Mr. Swvgert's fcroyier on Wednesday the case against him was deferred, while the Kelly case was postponed on account of a technicality. / i JudgevSease was on the job all the! week and dispacthed the business of the court as rapidly as possible. Judge' Sease is a firm judge, a man of positive convictions and fearless expression of them, but he is also just and fair. During his stay in Lexington he spent the time at the home of Dr. P. H. Shealy, who is connected to'him by marriage. . As a result of this term of court $S00 in fines were paid over. There remains $60J) which other persons hope' to raise. KELLY CASE POSTPONED TILL JANUARY TERM. Upon the motion of Cole L. Blease. attorney for the defense, the case against "Newt" Kelly and Frank Goff, charged with the murder of David Shull, was postponed until the February'term of court The grounds for continuance were that the clerk of court had affixed his seal at the wrong place on the paper summoning the grand jury which handed out the indictment against the defendants and further that the minutes of the clerk of the court did not show that ,the grand jury had ever ben sworn. As the case would have been appealed in any event it was continued until the next term of court, which might possibly save two trials. When the next term of court meets in January there will be a new grand jury. It is presumed that at that time the deI THR FARM A AAM A A AAMII Come to Batesburg, 5 2 o'clock at the band stan Official has an important < County Farm Agents will a in this for you farmers so b a I i > iS RESOURCES is received from a valued 'ity the communication be;ome encouragemenj; to our tter is a native of Lexington in the old home. The let! Monroe St., N. W., Washington, D. C., /-? j .1. r* 1 beptemoer o. iyzi. ^ews; check for renewal of my r. d to read that the truckmember very well wThen in Georgia. An old lady, iggested to her grandson, mes might be grown for ee what an enormous inelieve that Lexington has er sections of the country ttle push and pluck to go I saw figs in the market iped from California, ana fornia figs were different which seemed to me the people of California were ssive. Asparagus brings fear round it seems to me. 25c per pound. Truly yours, ANNIE S. HOLLAND. fects claimed by the attorneys will "be remedied and a new indictment will be handed out. It is said that no case bearing on this point has ever' been decided by the supreme court. I ^ ? >9 ? ^ "KIIJ/' RAWL EXONERATED BY JURY SATURDAY L. Killian Kawl of Batcsburg was Saturday cleared of a serious charge, when the jury in his case brought in a verdict of "not guilty" on a charge ; of assault with intent to ravish and | assault and battery of a high, and ag| gravated nature. The jury remained | out only about an hour. The case at| tracted considerable attention. The j trial consumed all of Friday and ^.mtil 1 the dinner recess Saturday, the greater-! I part of the Saturday session being dej voted to arguments of counsel. The defense was represented by George* Bell Tinrmerman, f!. T. (Iraham and E. L. Asbill, while .J. Wni. Thurmond. former solicitor of this circuit and until recently United States dis-j 'trict attorney, assisted Solicitor Callison in the prosecution. This was thej last case tried and the. only one at this term of court in which an acquittal was secured. SHERIFF it OOF POURS OUT SO GALLONS OF LIQUOR Sheriff E. Austin Roof Monday dumped SO gallons of alleged corn whiskey into the garden adjoining the jail. The booze was captured from various persons at different times until the sheriff thought a sufficient stock had been accumulated, so on Monday morning he called to the mourners' bench some sad-eyed and solernn-visaged "tussicKites ana proceeded to give them an ocular and olfactory demonstration that the drought which had settled over the land was purely a weather drought. An interested crowd of spectators watched the performance.- The odor of the liquor was plainly to he detected for some distance. NEGRO WOMAN SENTENCED FOR VIOLATING LIQUOR LAW Annie Workman, a negro woman of Cayce. pleaded guilty in court last week to a charge of violating the prohibition law and was sentenced by Judge Sease to 10 months in the county jail and payment of $?"00. Sentence was suspended during good behaviour upon payment of $200. BOX HEI R CLUB The Bon Keur Club will meet Friday afternoon at 4:30 o'clock with Mrs. K. C. and Miss Fthel Dreher. IERS' CALL t Saturday, September 24, at d. The First National Bank mnouncement for you. The ddress you. There is money e on time. E. C. RIDGELL, M. E. RUTLAND, D. E. ETHEREDGE. LIFE TERMS FORCOOKS | AND BARFIELDS 1 James Earrieiu. Sr., Mrs. Julia Cook. ! her sun. Ira Cook, her daughter. Min- | me Cook, and Henry Wheeler were j Thursday sentenced by Judge Sease t<> j life imprisonment for the murder of i \To |. ? .. J. - .'iun.cnu.-< ?. licai OLfUUIlian SCV- j eral weeks ago. By direction of j Judge Sease the jury rendered a ver-I diet of "Guilty with recommendation I to the mercy of the court." Attorneys appointed by the court last! Monday to defend the prisoners stated tThursday that the defendants admitted their guilt, but inasmuch as experts agreed that they were of such low mental calibre that they were not t i as responsible as persons of a higher ( order #of mentality, they should be en- j titled to some consideration. Evi-1 dence as to their mental development! was the only evidence introduced. G.' Croft "Williams, secretary of the State Board of Public Welfare, was the first witness, and he stated that he had examined all of the defendants and had found Ira Cook and Mimiet Cook to be very low in mentality, with 1 minds of a normal child of seven; years The other three, Mrs. Julia j Cook. Henry Wheeler and James Bar- j field, Sr., of a little higher mentality, i but considerably below normal. Mr. Williams also read report of Dr. Arabella Feldkamp of New York, repre- ! i senting the national committee ot j mental hygiene, who had examined I all of the defendants and found them j to be mentally deficient. aliss i^ouise jbisnop, neia agent for the State Board of Public Welfare,! v/as next placed on the stand and tes- j titled that she had examined all of the i defendants and found them to be con-; siderably below rhe average mental- [ ity. Mrs. Julia Cook, 4S years of age,' had a mind of a normal child 9 years' old; Ira C. Cook, 19 yearst old, aj mind of 7 years: Henry Wheeler, 20, years old ,a mind of 9 years: Jamo^ -Garfield. <33 years old, had a mind of S years; Sar^hi Mimie Cook. 1G years old, a mind of 7. .She explained iIn difference between, the physical age! and the mental age. and said the (! -! ft ndau.ts were normal physically but their minds had been retarded, caused no doubt by the surroundings under1 which they had been brought up. The State did not introduce any! witnesses, and at the conclusion of the defense testimony Solicitor ("alii-; son asked the jury, to find a verdict I of guilty with recommendation to' i mercy. He said he did not feel that j the State of South Carolina should j ask for a more severe sentence under : the circumstances. The attorneys for j the defense also asked for life senI tences. At the conclusion of the arguments! Judge Sease said that since all parties' had asked for the same verdict the! only thing for him to do was to direct a verdict, which he did, and sentenced; them to life imprisonment in the state penitentiary. None of the prisoners J at bar seemed to care what happened ! to them, and Wheeler smiled after! sentence was passed. The five defendants were represent-' ed by E. L. Asbill, John D. Carroll. | Cyrus L. Shealv #nd G. T. Graham, J being appointed by the court. The crime for which the five defendants was sentenced was a partic- j ularly shocking one. It occurred near ; Steadman. According to the confessions of Ira Cook and Wheeler, which were substantiated by th? two women, j the plot was hatched by Mrs. Cook and her alleged paramour, Barfield. A previous attempt had been made to poison the old man with calcium arsenate. but on the day in question Mrs. Cook, summoning to her aid her son and daughter and Wheeler, a wages hand, instructed her son to cut his father's throat with a razor. This was done by the boy, his mother holding one arm, Wheeler one arm and the daughter the old man's legs. The old man's head was nearly severed from his body. The guilty people then placed the razor which was the instrument lV which the aged parelytie came to his death in the hands of tlie dead man. holding it until the j rigor of death l^rmly fastened.it there. They prepared dinner and later went to the field to work, according to their confession. Some time in the afternoon they phoned Sheriff Roof that the old man had committed suicide. Rut, murder will out. They had overplayed their hand when the crhastlv wound was inflicted, and Dr. J. .T. COUNTY FAIR LESS THAN MONTH FROM TODAY The Lexington County fair is now less than a month off and Secretary Leaphart is busy with atcive preparations for what promises to be a good fair The dates on which the fair will be held this year are October is. 1!) and 20, a little less than a month away now. Mr. Leaphart be lieves that from the interest already manifested prospects for a fine showing of exhibits are good for this year. Every effort will be made to make the fair as good if not better than any ever held. Attractive premiums are offered for displays of all kinds of farm products and household stuff, fancy work, etc. Plans are "being developed to lay stress at the county fair upon better farming methods and closer" cooperation in the marketing of farm products c*nd it is hoped that at an early date an important announcement along this line can be made. There will be plenty of good music, several free shows and plenty of amusements of all kinds to while away dull care, and the fair authorities are anticipating a good crowd on all three days of the fair. * LORICK?BATEMAX Married at the Methodist parsonage in Lexington, Thursday, September 15th, at 9 a. m., Miss Marguerite Lorick to Mr. Courtney Bateman. The bride is the eldest daughter of Mr.i and Mrs. W. A. Lorick. For the past two years she has been the efficient bookkeeper in the office of county treasurer. She was one of the most popular of the younger social set of Lexington and numbered her friends by her acquaintances. Mr. Bateman is a native of Columbia and for the past year has liel 1 the responsible position of pay-master for the Lexington and Bed Bank cotton mills. He is a popular young man with a bright business future. They left immediately after the ceremony amid showers of rice, for Asheville, X and other points ia "The Land of the Sky". I The young couple will make their home in Columbia. NEGRO ARRESTED OX CIIARGIj OI VIOLATING LIQUOR LAW Special to tne uispaicn-.\ews. Irmo, Sept. 17.?Early last night as P. G. Freshley, rural policeman, was coming into Irmo. he passed on the road Henry Eichelberger, negro. The policeman noticed that the negro carried a bundle in his arms. He passed the negro, and when the negro got to Irmo. he did not have the bundle. The policeman was suspicious, having been apprised of the fact that this negro was handling whiskey. He called Magistrate Hook, who went with him to search for the liquor, which was soon found hid aen unaer ine ena 01 me juohck seed house. Magistrate Hook then sent for his constable, W. C. Koon, and the rural policeman retired. Constable Koon, armed with shot gun and pistol, stood watch over the liquor. In less than thirty minutes he had Henry Eichelberger arrestee, having arrested him when he was in the act of removing the liquor from its hiding place. The negro was placed in the guardhouse for the night. This | morning he was brought before the magistrate, waived preliminary and was sent to Lexington jail to await trial. | ( OTTOX MARKET GOES UP AFTER CONSIDERABLE SAG After a considerable sag in the cotton market, which carried the price down several cents per pound there ! has been considerable recovery. A I price of 19 3-4c., was offered on the ! local market for good cotton today. The crop will be very light in this county owing to boll weevil damage ! and unfavorable weather. i j Wirgard who "* examined the body i found from the nature of the wound ! that it would have been impossible ; for it to have been self-inflicted. Soon 1 after the coroner's inquest Barfiebl was arrested. He had not been in jail ! long until he implicated the boys, ; Cook and Wheeler, who in a confesi sion soon after.being locked up im> - plicated the two women and Barfield. t 'v'' M