The Camden chronicle. (Camden, S.C.) 1888-1981, December 06, 1895, Image 1
? ? ? 1
?
lis;
VOLUME. . VII.
CAMDEN, 8. ('.. FRIDAY. OKC'KMHKR <i.
NO. :57
&
THE STATE WINS
IN THIS CASE.
JI'DUICSIMONTON D18MISSKS T11K
DUN OAK CASK.
The Text of the IKolslou Showing Hi?
IU'mkou Why tfc? Court Throws the
Contempt l?rovecdlug?^wt.
^ While jAdge Himonton tiled ono do
isimn agaiuet tho Btuto'iu a liquet case
of note Monday, ho also filed one iu
Xttvor of tho *tato. He has dismissed
tho Dunbar-lUnkiu contempt caso
brought by Dr< Pop#. Tho oaso wftl|
heard dome vteejfM ago in tho United
States oourt. Dunbar luul ?omo liquor
seized by Constable Rankiu uuil Uo
brought suit against bim for $628.1)2
'? c.'^ damages. Copunissiouor Mixtion being
" made a |>arty to tho suit. .
Th? decision' reada as follows, being
PJ J Migued by both/ J udgea Himontou and
Brawley : r .
jj?- .. Tho demurror to tho oomplaiijt Bots
f forth Jtho fallowing gronuds :
?? FiVati, * That aa it appears oil the race
1g"'" " *?$ tho , complaint, this oourt has no
of tho tnattera mid things
SSMfcfcWuiug tho Bubjeot.of this action.
^ ' Bocond. That apporra upon tbo
: the complai nt docs not
state fa6ts auflioieiut to constituto a
cause of aotioiv r
According to tho codo oT South
Carolina thcso two objections may be
tsKon by way of oral demurrer at tho
? ttial of tho causo. Codo, soction 109.
"Tndoed, tiio ilrat objection must be
~ tuWenTb^ the coii r t itself auo rnotu if it
*'uupears on an inapeotion of tbe
leoord."*
number of citations are made by
Judge Siniouton of cases similar to
this co?temlftvoftao- t
"v ~XtT cotnplaint the entire amount
claimed rb d i? mages by plaintiff is $02 8, -
- learned counsel for plaintiff says
Jndgo Simonton recognized this.
They. seek to sustain tho jurisdiction
of the court upon the ground that the
action is brought under act of congress
of July 2, .1890, "to protect trade and
couiuicrc& against unlawful restraint
'uud monopolies." This aot gives tins
court i jurisdiction without regard to tho
-amotint in controversy over matters
f Yerbidden by tho act. ,
h . Section 7 of this t\gt gives a right of
lielion to any person who shall be in
"fured in his business or property by
any .other person or corporation by
reason of anything forbidden or dc
-clarqd to bo unlawful by tho aft?
'Tn tho first, second and third soc
the act declares what is forbid
raft Kveiy contract, combina
tion in tho form of a trust or other
?wise, or conspiracy in restraint of
tffrde or commerco among tho sevoral
"^fHirtCtror with foreign nations, is de
~ ekwHUy^g?L?*rery person who shall
? monoi>oUzo6r attempt to monopolize
^?c .combine or conspire with any other
pcrffon or persona to monopolize Tiny
? part oJUhe trade or cotomcrco in nny
territory or the district of Columbia,
or- in restraint of tfafle between such
territory and another, or the District
, 0f Columbia or foreign nations, is de
clarei' to l>e au illegal act. 4
From the terms of this act it will bo
|V seen that it f A bids any individual
Sf' ? eomb^uef^ oontiact or eonspiro with
"* atty othe? 'person to monopolize any
* :r part atfih? interstate or foreign flow
?- * merco. This ia tho^ssenttal feature of
r the act. Tfto iictio^eing onthostatute
? " tho causo of- K/tion rhnaJUfiT out somo
, "? ,-w Kfhiuff forbidd/n in the statute.
V The cauBO^of action (tot forth in this
y ? cottTTrtaiaMs ihe ioiznre by lUnkin, in
transit, of a barrel of beer shipped to
^ "/; thO plaintiff for his personal uso by a
r; merchant from Richmond to Newberry,
without any prctonse of ownership or
claim of interest iu or lien upon the
*itid barrol of, boor, , but solely by
virtue of some pretended authority to
' confiscate "spirituals, malt or vinous
^^Rauors consigned: to private persons in
WN^So^th CaroliniK ? , . ,
rpT TliatBWWn after ?? ?W9'?
? ? ? the barrel aent to tlie defendant, Mix
> SOU, and that Mlxon received and prc
r Bumably continues to hild .tho same,
; rNjtnowing it to be property of plaintiff,
bought by him in the btate of Vir
trinia, and sent to him by a public
__:.-4a*rier. Nothing whatever is said
about any monopoly by defendant of
ftDy tradrt, interstate or foreign, lho
onlv charge is that he claims a pre
tended authority to confiscate Uquors
: . consigned to private parties in South
Carolina. It is not alleged that Kankin
" > is in any trade or Ajusinoas whatsoever.
Nothing whatever is said of any con
nniracv or coiwaot or combination be
tween Rankrti and his codofendant
' Mixson or any other person or persona
? -whomsoever to monopolize any foreign
or domestic tfade. The complaint is
^ silent cvon aa to any pr^>*ent be
: "" ""twienlbcm loading^ *d tjft aetznre of
?this bwrel.
Tho most natural iuference from the
Isoguftgo used in the oomplsint is' that
Mixson, after the seizure, received and
? now hold* the beer. The essential re?
quiuites of e cause of action under the
etUfate do' not appear in the complaint.
It oNM&t be sustained under the stat
ute ?td so is not within the jurisdiction
^ of this court. So far m the statements
of the complaint go, they disclose an
invasion of a common Jaw right, which
? .-would tftll for ? remedy st common
?' Jaw. Because of the aSttotb^oh^l,
as stated in the complaint, this court
ceald not lake jurisdiction of . this in*
r*sion of a common lew right. I n or
tiff to enable tb* plaintiff to sue wader
the fttatet* there most be a. radical
?y*hu *ftc kfe the sllegstiows of hie eom
' nlsint, nad^eatii^yeey ^d^distinoi
in Soath (hroliss ase6
not being within tho jurisdiction of this
court, aud tho complaint is dismissed
with costo.
COIi. II. l>. t/'ATKllS.
Au Kxtcnriod Sketch of liiin ami his
farcer Published in Atlanta.
? ,'t'ho following notice of a gentleman
who is well known in this State nppear
et( in tho Atlanta Constitution:
{''Among the most picturesque char
acters loft standing conspicuously as
types of tho old-time Southern gentle
man i? Col. Henry 1). Capois. <?ol.
Capers in now in Atlanta an commis
sioner general and will bo a promii\ci)t
'figure in the exorcises of South Caro
lina day. Col. Capers was private see
rotary ut tho treasury department of
tho Confederacy from tho moment tho
Provisional Government was formed.
His commission as such dates further
baok than tuatNjf any living commis
sioned officer ofi^Pio Couledernoy. 'It
was a thrilling day's work," said Col.
Capors yesterday. 'Wo had nil gather
ed down in Montgomery to forma new
Government aud to inaugurate Jeffer
son Davis na the first jju'sident. He
was duly inaugurated aTO^ tho Hon C.
G. Momminger was made Secretary of
tho Treasury of tho Confederacy. He
had not been oppoiutod very long
before ho soul for me. i wns marshal
of tho day on the part of South Caro
lina, Daniel S. Printup, of Home, was
marshal that day for Georgia. Well, I
went to see Mr. Mommiuger' anil he
without any further notice introduced
mo to President Davis as his private
seorotary. Wo were told to get things
in readinoss at once aud tho first thing
over printed about the formution of the
now Qovernmout was the notice which
appeared the uext moaning in the
Montgomery paper stating that tho
office of" Secretary of the Treasury
wotil/l be opened that very inorlfhig at*
9 o'elbolt aud that oOiee lffhtt's would
run from 2 to | o'clock. Col. Capers
afterwards resigned, tho olVieo aud was
presented with a fine sword by tho Con
federate Government as a tokert of his
valuublo services. He was tho only man
ever given a sword by the Confederate
Government simply as a compliment.
Col. Capers is one of tho most versatile
and one of the most talented men in
the South today. . He is a scientist, a
lawyer, a good writer and an author of
note. He is exceedingly companion
able and pleasing in whatever company
he may bb^hrown."
P ?
Tlftt SUl?itKMK COURT.
Ortler of liuslneRs l/i tl?c Sixth Judi
cial Circuit.
The sixth Circuit camo up fa. tho
Supreme Court- ou Tucsdaj^ Tho
following, is a lint of tho oasco and tho
order iu which tlioy appear ou the
doekot:
t. A. A. Pollock vk Nancy Doinp
s?y. ? e ? ,/
2. Wui. S. Chorrv vh. J. W. Few -
oil, mayor, etal. * ? n
i). Augustus W. Smith vh. Spratt
Maohiuo company.
I. W. R. Doty k Co. vh. J. W.
Boyd.
0? Qicpu W. Ragsdale vh tho Winus
boro National Bank. ?
0. Ella Hcluiau et al., vh. William
Robertson. :?l . _
7. General Electric company vs.
Blacksburg Land Improvement eom
pauy.
8. Jones A* Williams vs. J. If. Fitz
pfttrick. ' '
Josephine Little, administratrix,
'VBTttnrtt{Jcrrgin7<5nrolTnn and Nortfejcrn
raiiroiid company. ,k -
10. Cyrus W. Hunter vs. Fletcher
Ruff.
II. O. W. liuchauan and 11. A.
Oil I in i-d vs. A. Fletcher RuiV.
12. --tt.. P. Carpenter, et al., vs.
American Accident company.
13. Jano C. McKen/.io vs. Stan
hope A.'Sifford, et al.
14. Voriiies, Miller .V Co., in re,
Hurst, Purflell &? Co. vs. W. C. Lati-4
mer, et al. '
15. Heath, Springs ?V Co., vs. J. E.
W. Haile.,
lfi. R. M. Kirk vs. W. Duron and
Ernest Moore.
17. The State vh. John May.
18. Tho Din-ham Fertilizer compa
ny vh. J. J. Hemphill, et al.
19. \llisou ? and Addison vs. J. J.
Hemphill et al.
XII AN 1(3 FROM CONNECTICUT.
? ^
Major l!y<lc Writes to Mayor Flekou
ou llehuif of tlie Foot Guards.
Mayor Ficken, of Charleston, re
ceived tho following appreciative letter
from Major E. Henry Hyde, Jr., of
Hartford, Conn., who was iu command'
of the 1st company of the Governor's
Foot Guards on tho occasion of tho*
visit of that fatnonu command to that
city iu October :
November 27, 1895.
Hon. John F. Fickeiv'iHayor,
Charleston, 8. C. ? My Dear Mayor :
Permit mo in behalf of in y oommaml
as well as personally to express to you,
and through you to the committee and
citizens of Charleston, our high ap
preciation of the reception and enter
tainment with which we w ere honored
dming onr visit t?*our historic city.
The cordiality or onr welcome and
the warmth with which wc were greet
ed ou all bands by your citizens touch
ed us very deeply, and T beg to assure
yon has done much to enhance the
friendship which has long existed be
tween the citizens of Charleston and
Hartford. ^
The trip around your historic ha^or
was one of the pleaaanioat and most.
Enjoyable episodes of our wbole South
ern trip.
We sincerely trust that in the near
fntare we may be permitted the j leas
n re of welcoming to onr hospitality a
Charleston representation, and paying
in part the obligationa which we owe
-joa. I have the honor to remain,
Very tn?ly yonre, .
?. Rmsv Htdi, Jh. ,
Major Commanding 1st Co. <*, F, O.
SOUTH CAROLINA :
. / AT THE FAIR. I
t> ~
l?A?iMKITOl? KS AT THK UX
SIIKIN.
***
An Immense Ciw.1, iioveruor l-W
and Souutor 'A'Ulmun ^peak.
At mi early hourtfh irsday ??,rl,,.,|f
th? street* of Atlanta were alivo with
people, hoiao walking and othei*
crowding tlio streetcar* ftna1^.?w^>0'
Hition ears of the Southern lUilwa\;
The par ado of the South C arolina
troops, escorting Governor Kvhuh, was
composed of 2,000 vncu. (?<>Non ?
Atkinson and stair, the Atlanta aitil
lorv und tho Fifth Georgia Bogiment
escorted the South Carolina Governor.
Atlanta, South Carolina and Inuinn
ilav doubled auy previous nttondauoo.
A thin to Day, Savannah Day, lnnm*
Day aud Bouth Carolina Day packed
the eCjibsitioii grounds With the peo
ple. The crowd was nearly thict
times us largo as tho largest up to that
date.- Kvcrv building wa* crowded
and the thoroughfarob were to*"*
? ,H;ople. A tluuU Boomed to bo I t ?
overllowing at au early hon >
crowds eoutiuued to pour m all dftj.
and at tho exposition the turnstile
clicked steadily from early morning
until late in the afternoon.
Tho military .-display was the great
eBt ever hocu in Atlanta, lwo thous
and of Bouth Carolina's enlisted troops
came as an escort to Governor luvans,
and they were acco.Yipnied in t -o pa
rade by Governor Atkinson aud atail,
the Fifth Georgia Itogiinent and the
Atlanta Artillery. The best ot order ,
prevailed and the programme waa car
ried out without a hitch. I he people,
tbough everywhere jostled ouo an
other, were good humored and eve y
one seemed happy. Ihe whole of At
htntn was o?^t on a holiday. - lhe atorca
und offices el owed, and the busineaa
portion of the city bad a Sunday ap
pearance. The happiest people are
She exposition directors, an, it is said,
Thursday's receipts insure the
,i,d nieces* of tho .fair beyond the
Mia low; of u doubt.
The only seuBation of the/ day was
hpir.u/ in the speeches at tho nudito
l-itini, whero a new departure was taken
Hv Horrrnor Kvnim and Senator lill
lmin. I7p b> Ibis time all the speeches
delivered at the exposition, whether
l.v Northern or Southern men, have
been pitched upon the keynote of
fraternity and of national uint\ . ?o
one heretofore has uttered a note of
sectionalism. Governor Lvans and
Senator Tillman struck on a dillercut
line, in dircct contrast with what
had gone before.
OOVKHNOll ATKINSON.
Commissioner Boche then intro
duced Governor... Atkinson, who de
livered a'20-ininuto address of welcome.
Ho referred to tho relations oi the
States in (he past , and twitted Gov
ern** K vans for not rfiowingagreater
appreciation of the women of. his State.
Continuing, he said:
? glad also to say tu.yoii- that
on tkis occasion tho people,! know not
whence thej come, have gMd la ;#(?
tributo to tho governor of South Caro
Una despite his shortcomings, and to
fclieir distinguished senator, \>
'their presence testified a b,K'^>r nV"
preciation of their worth atld of their
presence than they gave to the 1 resi
dent of tho United States. Aud wli>
>*hou# they Why should Georgia
uot stand by South Carolina >
Ho told tl?n Carolinians they were
welcome to all they could eat mid- i
there was anything else they Wanted
all they had to dH*X*? to ask for it. He
feared they would feel the need of it.
>Iu the course of his speech, ho said,
after relating Carolina's past:
??When Georgia, having redeemed
herself from degradation, lo"*ed
around hbr, she did not feel that her
duty was done, but sho looked across
the line and saw c-ngftgod-Jji a : mighty
conflict the man /ho lmd bcfe*4>erou
iu war, yet whyfnis done nothing to
im mortal i/.o hisnamesueh as was done
by him in this mighty Htriwgle for ?bc
.iiprema'cy oftho.ae?!-"'"1
forces of South CaroTuia, and I allude
to General Wade Hamilton. (Great
cheering > She went to his aid and to
tho aid of South Carolina, Gml bless
her. The cbivalrie and patriotic .John
B. Gordon went to stand by him.
He suid South Carolina now mm
leaders she was willing to trust and sho
'should take her place in the first rank
of the States.
'He denied that Northern capital lmd
built up the South.
7?;
1' Mil. 8. M . 1NMAN.
Mr. H. M. Toman apoko in be
half Of tho < x position company. Ho
aaid tho power and aignVieauco of
North and South Carolina would lie
understood when it wan remembered
that they equalled in area the com
bined kiugdoiun of Norway and HwoffeTf,
whieb bad curved their namea upon the
history of Europe. Ho aaid that in
Home one hundred millions had bceu
spent in churches a^d palaecr , 1>ut that
our country bad Mf+nt man* liynea that
hum in maintaining publtu schools.
This was a greater glory to Amcritvta
civilization than tho coatly residences
of Europe were to the old world*
Mr. Inmau wan presented by Com
missioner Tiocfap, of Houth Carolina,
who spoke of him ?h tlu? man who hud
done more than any "f Uvt* "to tnak? tbis
guat oxpoKtiiituT r7,l i flTiiii n wmrtp* -
ceivrd m ith ? he?*i>, lmui1utAp:Moff and
waving* f( hmdkitrcbiefs. llo paid a
handsome tribute to Houth Carolina
and ?apeeialty to'tbrrfniliUry of that
Htaw, saying that their appearance had
his reapeot for thtir native
Stele.
OOTESXOI a van's.
Kvimawaa the o?*t apeakef.
1 Ho churned that Georgia waa Caroli- i
ink'h daughter, un J ho thanked them i
fur t ho opportunity to show South
Carolina's superiority. South ('audi
im huri ft past. She never had to go
out of the contliot /Tor repairs. Caro
liniuns were not, a people with much
bra.su. They ln^l always had bruins.
(Apulansc.) ^
ifo then said tho solid south whs
, u^'Iiri no longer. 'Din north whs solid
against her. We are tohl to divido
while tho friiylool(H consolidate. We
are told that wo are fanatics. They
were now cherishing nn ideal form of
government, which could only l>o ob- I
taiued in oue way, hut ean never bo j
perpetuated hut by tho nu n who own j
and till tin* Hoih Tho only liopo for |
us is in tho went. Carolina realizes !
that tho foundation of nil wealth is in ?'
tho country. Cnhss you go to eon- I
gross and make this tight and follow
tho orankyiam af South Carolina and
lieu Tillman yvm w ill novor succeed.
MHNATOIl Tll.n.MAN.
There were loud cries then for Sena
tor Tillman and he came forward slow
ly. The crowd had jboon waiting to
hear tho man they had rea l about mo
much and it was curious to note tho ex
pression of expectancy on ovcrv faoo.
When tho applause dio<^ awav, ho bo
gau, All through hi4 (speech ho wan
interrupted l?y alternative laughter and
applause. Ho regarded Georgia at,
Carolina's big and handsome sister.
Ho was in u joking mood and made
Governor Kvans and his bachelor's
state the object of it for Homo mo
ments, much to the amusement of the
crowd. y He said the governor was
.Voung ami green, but had a reasonable
amount- of brains and a pretty fair
character.
He concluded with some impressive
United States pension figures. Ho
maintained that the south had since
the war paid to tin; north four hundred
millions of dollars pension tribute.
This was far more than the north had
ever invested in the south. If this j
\ money had been left in tho south she
>;o.u !d be 1h ? mobt advanced country
oh earth today. v ?
Someone asked him about G rover
CleveUud. ?
Ho said: ' 'Jliero ? are people who
believe that Wall street knowsall about
finance, and nobody ean teach them
any thing and they must say 'mo too'
every time the New York World or
G rover Cleveland grunts. I wouldn't
have said anything about old Grovor
if your governor hadn't alluded to him,
becauHu 1 will have a better opportun
ity to use my pitch folk on him wlfeti I
go to Washington.' But it does my
soul good to hear the governor of Geor
gia say that two little bobtailed Re
formers attracted more ajtentioii ami
drew more applause, than the President
of the United States."
j MRS. OJ,lVKH hltANTUi) HAIL.
, I'-lie Amount Fixed ufr One 1 liousnml
l>ollurn.
The return of; tho writ of brfbeun
corpus, applied for on behalf of Mrs.
Anne M. pilver, * who has been con
fined in tho Hichland county juil since
the middle of Ootobcr, under indict
ment as an accessory to the murder of
her husband, Conway li. Oliver, wan
heard Wed ueaday night in the Supreme
Court room by Associate Justice Y. J. '
Pope. The StattTwas represented by I
? Solicitor Nelson and Mrs. Oliver by
her attorneys, Messrs. Melton & Mel
ton. The only -evidence submitted by
tho Stalo-in xcHihtiliir the application
was that of Messrs. Hates, McCraney
and others, who testitled at the Augh
try trial that tlioy had scon a woman
whom th'oy afterwards identified as
Mrs. Olivor, jff'eorapnny with Aughtry
under very suspicious circumstances
wuie hours prior to the murder of her
vjiusbnnri. Solicitor Nelson held that
theso facts thus testitled to wero sufli
cient grounds to show guilty connect
ion w ith the murder, and urged that a*
strong proof aa would l>o required
against a principal should not bo ne
cessary in the . case of oue charged only
with being an accessory beforo the fact.
He also held that inasmuch as tho
charge was a very serious one, and one
on which tho grand jiyy had found a
true bill, bail ought not to bo granted.
?fudge Popo said that it was unneces
sary to hear argument from counsel for
the defence, for the showing so far as
made beforo him did not prove that
thorn was complicity between Mrs.
Oliver and A ugh try, and ho would
j grant an order for bail and he desired
; counsel to agreo upon what amount of
[ bail should be fixed.
?f urigo Pope decided to fix the bail
at #1,000 with, the privilege d the de
fendant of applying for a reduction if
it were fojrftid by her to be impossible
to give bail for SI, 000.
Killed it Deputy Murahal.
Jolai 1'. Mo('niy shot and iuntautly
n i i 1***1 William Tiiruer, deputy inar
h hal, Friday oveni fig at ?> o'clock, on
?dtiin f-lrcct, in Waliialla. McCary wa?
in liquor, and tlicru hatf%een an alter
cation between them early in the after- |
,noon',. Turner niui *tanding on tho
edge of the sidewalk, wj>en "McCary
ualked up to hiAi and. pfiHlog out hia
I pistol thryw ikriti Turner's hreaat, and
I shot him twico through tho heart.
McCary fled into the atorc of C. W
?J'itehford fol'owod by Turner, who fell
tfyuit cw??nt.v feet from tho door and
died iiifii ftiitiy.. McCary 'vaa arretted
on the apot, after conbidmable re8i*fc?
ii ace, and lodged iujajl.
A White Mail KtuT ? N?gro la ftelf |
L. l>efenne.
A tip^cial from Andere*>u, 8. C.,~teILr'
of tho killing of Oherlea Haxton, * no
Kro, by Jw E. Burgeaa, white. Front
the evidence in the coroner'a inqueal
it waa ahown that the negro waa in
eeu:^d'oVer bin dincharRe and attacked
tho white mM) with n hoe. The ? bile
roan hccnitarl *gnu and killed thei agio
during the fight. A vordiet of . tflf*
defence WM repdefed,.
PALMETTO J
POINTERS.
#
HAN AWAY WITH CON' VIC IS.
. ? . ?
iVocUlonl in spai'iaiilMii';v In NN lilolt
ttondworliorn Are I >vl ?>ro?l .
A tcrriblfr runaway accident occur
red near Spartanburg Wednesday
ullomoon, ns the county oonviot* were
jituming homo from work. Ah the
result *>i tho runaway thirtoou con- '
viol:*, a guard, driver ami two ?iuuIo.h
were thrown down a 5)0. foot ombnnk
monl ami injured, some of thom sori*
out?ly. Tho aeeidont occurred on tho
I'ort Royal ami Western Carolina road
about a mihi from (lie oitv.
Tho injured ami injuries aro: Tom
Mrook.s, right hip ami leg bruised;
Jim Oomilook, injured internally;
(Icorgo Wright, injured intomallyi
Hob Collins, loft side bruised and loft
hand out; John Riolmrdsou, stomach
smashed ami hand bruised; Henry
Rollins, white, bruised, Chaw. I'owoll,
white, right kuoo sprained ; Mr. J. II.
Tillitson, a guard,. received a severe
out Murom* (ho lU'tuli
? Immediately at'tor the accident the
convicts wore carried to tho stookudc
and Dr. H. K. Hlaok was called and
did all ho could to relievo tho tOitVor
ing of tho injured men. John Jirooku
and Jim (jhmdlock arc injured utoro
Horiously than any of tho othorH.
I>|.SMI1SSICI> Til K Al'i'KA l-<.
I'lie Siiprciiu'Ctmi'l of t lie I 'nlted States i
will not F.iitertaln It. /^\
Tho Supremo Court uf the United
Stat en has handed down it decision in
A. F. McDowell v? United States, tin
appeal from South Carolina. Hetwcen
the dates of the appointment of Jurigo
lirnwlcy and his qualification uh Judge
the February tor in of thy District
Court nt Greenville began. Judge
Siiuonton, u& Circuit Judge, dosiguatod
Judge Seymour, District. Judge of the
Kaatoru District of North Carolina, to
hold thfc Court. This Judge Seymour
did for two weeks.*' "Whilst he was
presiding thogrand jury wnn organized.
Thin graud jury found a true bill
against McDowell fi?r violation of the
poatal laws. Judge Kriiwloy having
ipudilled relieved Judge Seymour, and,
among other cases, tried the case of
McDowell before the petit jury. Ho
was convicted and appealed to tho Cir
euit Court of Appeals. His ground
wan that,BH the olllco of District Judge
of South Carolina was vacant -whon
Judge Simonton designated Judge
Seymour, his action was invalid aud
Judge Seymour could not lawfully
hold the Court; that tho laws of the
United States permit such .designation
only when tho jtidgo is sick or absent
or otherwise unable to hold tho Court.
It being nu ontireJy new question the
Circuit Court of Appeals eertilled the
easo to the Supreme Court and the Su
preme Court" have dismissed Mc
Dowell's appeal. 4
A ItJffiW fiEK I)KE COUNTyi J
Marlon Will l*rol>ubly lie Cut Up ^Stej
Two Con titles. ^
Tho people of tho upper section of
Marion county are endeavoring to
avail themselves of tho authority given
them by tho new constitution to or
ganize a new county. Strenuous op
JSoBltton to tho now county schemo will
doubtless manifest itself in certain sec
tions of the old county outside of the
proposed territory aud especially
around tho county seat, but the people
of the Bcctiou propoHou to bo cut ofl
aro going ahead and saying nothing./
They have tho required area, tho pop
iilatiouTeud the wealth and old Marion
would bet left the area, the population
and wealth required by tho new con
stitution, and if the pcifple of tho pro
posed new county viyto to organize j
themselves into a ncW^ couuty the
thing will be done.
-??? ?
Incendiarism In OrmfcfcbiirK*
The corn house, carriage mTTtso and
tool house on tho premises and near
the residence of Mr. Allen It. Riley
were completely destroyed by lire near
Orangeburg on Tuesday. Mr. Riley
lives about six and ono-half miles from
Orangeburg, on the ftcllevillo road,
and is * an industrious farmer. Mr.
Hiloy and hia family were away from
homo at tho time of tho burning aud
there was no white person on the
place, and ho is sntiafled that it is the
'work of an incendiary. There wore
i.boutono hundred and fifty bushels of
corn in the corn houao at the time,
which wuircntircly destroyed. About
two years ago Mr. ltilcy sustained a
himilar losa.
With Their Favorite Weapon.
A special to the Columbia State
gives an account of the murder in
Fairfield county of Pataio JnckUnu, a
negro woman. She was working iu lie!
field when three other wornou ap
proached and began quarreling with
her alHrnt'soino matter. Finally two
of them took hold of the Jackson wo
man whilo the third cut hoi'' to death
with a V a/or.
Governor Evans has appointed It. A.
iiico as coroner for Hampton county.
A Fire In Pickens.
Tom Hudgcns's printing office, Ma
riah Griffin's dwelling and both of
Hagood's stores were destroyed by flro
?i K*#i?y on Monday. Moat of the
goods were saved in a, badly damaged '
condition. Insurance $6,000 on stores,
$600 on printing office. The fire start
ed in tho printing office.
~ %
Cm( mi rimlga Wall X?rrl??,
til imiletj
fori
TRw eaWajatsa for the for?;*" *enrlc?
rt the year e*?la* J?*e m, J^afxf-gwte
? -ris-'rsjv- %+-y -?-? ".tr*
/"^VUI(AM> l>ISI?l<A\V'
Tin* What iIih (^iMtltuliua iSnys
Of Our State's I'.rhll lt.
The Atlanta Constitution hm U?i*m to
say ? ? f South Carolina's display at the
Croat Show :
"Tho Smith Carolina display is to he
found iu tho agricultural building.
I'lio approach to it is must striking.
It in ou to rod by a lingo' gatewav. the
immense balustrades on cither bo
nig formed of phosphate rocks. The de
partment of metallurgy it* (striking mid
suggestive, and ilumt all those who hud
MippoHed that South Carolina >vnH a
cotton State with cotton milling an tho
only industry possible, growing outof ,
ootion growing, will ho pleased. The
Tho department of ornithology ojial
longoM comparison with anything to
bo found iu tho I'nited Siatos Uovoru
nient , budding. That devoted to tUli^
is alst?. well worth attention. In a
largo case are to ho found saniidos of
tho various grudoH of oottou, begin
ning with tho most hrittlo short II lire
and concluding with tho long llbro sou
island, some of tho tlbros of which
measure out almost t?i\ inches, Cor
tain gradcH of thin sea island cotton
are bringing today in the market front
10 to 15 cents per pound, and the
poorest of it colhtnaiida easily- 1'2 and
15 cents. A growing cotton stalk in a
glass case Is also nil. object of a groat
deal of attention. One of tho most
unique displays is that devoted to rice.
Tho display is in tho shapo ol a oujpola
built over a pedestal with columns
whith look id a distance l.ko brt/wn
marble, but on near approach are Keen
to bo glass tilled with rice Heed. Im
mediately under the cupola ntands a
sheaf of tho grain, while all around it
in cans and barrrls is the rieo in its
various stages and in its different qual
ities from the time it leaves tho sheaf
until ready for tho table.
4 'Near, by is another display', the
story of which is remarkable.
"The growth of tho tobacco industry
han boon without parallel in tho agri
cultural history of the State. * * *
KioUfutH or ir rRHEar.
"Tho fact in tho display is such u olio
as must draw attention not only to
South Carolina, but to her people.
When we consider that this favored
region is inhabited by 1,151,1-11) people
aoyordiug to tho census of 1 Hi)**, living
in 2 1 7,C0iV ?lyclH:igg,v-G ilutl ? wealthy
developed community capable ^ tak
ing much of ovorythiug that^comes
their way. South Carolina supports n
largo number of excellent schools and
public institutions fully up to tho
standard of tho most advanced States
iu tltfj Union. Tho debt of the State
i? $(>,500, 000 and iu scarcely $5 per
capital. The State stands thirteenth
in wcnlth iu the Union, and iii the
single year of 1K!)4, notwithstanding
tho hard times, made an increase of
300,000. It is not iu tho cotton
ilclde alone, as has boon already stated,
tliut South Carolina oxcels. Tho ad
vantages of hor water power havo bcou
such that tho Stato already leads iu
Cotton manufacturing, and tho naino
/lower mtiBt givo her a like supremacy
iu everything iu which motive power
becomca abactor."
BAPTIST 8TATK CONVENTION.
tyaeUuratlou And Cooperation Impor
- taut Acts* *
Tho Baptist Btnto convention, which
met at Grocnvillo Inst week adjourned
Sunday evening with tho usual obitu
ary services and delivery of eulogies in
liono^ of deceased membors. 'I no two
inont important acta of tho week wero
on co-education in Fur man university
and co-operation with tho homo mis
sion socioty and southern Baptist con
vention und colored southern Baptist
convention for work among negroes,
i T? both, the convention was practically*
^unanimous. Thero was Home- eppoai
^tiou to co-education, but it was very
.faint. There aro now soven young
women students in Fnrmrii.
Oo-opcrativo action is tho first step
toward utrrtcd,6ff<ttt with tho northern
braucli jf tuo cnurch since the separa
tion, 50 yoalH ago. ?
Tho board in charge of the Connie
Maxwell orphanage was increased from
13 to 15. Rev. J. L. Vuss rorftains
president. Thero was no important
ohargo in the composition of the other
boards. \ .
Tho relief of the aged and indigent
clergymon was left in control of the
permanent board, which whs instructed
to report tho nojncs of beneficiaries
and nmouuts -paid them regularly to
tho convention.
The Citadel .Square Baptist church,
Charleston, \shs sclectod as tho next
place of meeting. An earliest effort"
waa made in behalf of Itock Hill, but
it fail<M|.
Important changes wero made in
regulations for ministerial education
under charge of tho convention. Ap
plicants mnst hereafter be c^pdorsed by
; the church pastor and assotistion, ayd
tho board has the right to discontinue
unpromising students. t
Arrangements were made to increase
tho endowment fund of Furman uni
versity by 820, 000. Over $4,000 was
given and pledged during the session of
the convention
?^Reports showed tho chnrch in the
[Htate to be in a healthy condition, -with >
b membership of over 80,000 whites',
and the inorease during the past>year
waa normal.
Bishop Waymsn, the Colored Divine
Drops Dead.
fl^Dlor Bishop Alexander Way man, of
ihe African Met bod 1st Fpiscopal Church, one
of the best k*)wfl"Aeolored Church men in
dead *? kl?fesr
HI 10 Flprv-FOI'KTU CONOiilfiSS.
'1 lie Kocd Kul ca Adopt oil l?y thrt
lluuso.
Tho Fifty-fourth Con^rcM,* began its sed
ition nt noun Monday with crowded gallorios
(iiid many othor manifest. iiion* of uonto in
terest In its proceedings, 'inchidinv, of course,
I ho inevitable Moral decorations. Thoro
wore IS now faces unions tho Senators, not
counting Chilton, (\t Toxa?, who ro-ooou lo?
a Hout he once hold before by appolutment,
and thoro wore In addition l!l re-elected Sen
ators to ho sworn In l>y Vleo-Presldent 8to
vonson in their owu successors. Of tho
hold-ovor Senators whoso terms will expire
two years from now, some of (ho moat i?ro
minont, including Blackburn, Itrico, Hill,
Yoorhocs, Y08t and PolYor.
T1IK JUOUSK.
In tho Mouho of Itoproscutntives tho
changes wore st ill moro nriarkod. One of tho
features whloh provoked oommont from tho
galleries was tho youthful appcaranee of
many of tho how members. several States
have hont an representatives men .who are
Mt III in lliolr twenties. l'robably two sooro
of others are under forty. In point of ago,
(ho present House is the youngeit known to
tho fdstory of Amerlcau legislation. Those
boyish appearing mem bow, bright faced, In
tclhgont looking, well groomed, well rann
norod and well dressod, college men most of
them, presented a striking contra t lu tholr
youthful appoaranoo to tholr voterau associ
ates such ns 0 rosVenor of Ohio, whoso flow
ing whlt<v tioard given him a voaorabio ap
pearance 'disproportionate to hid ago; to 0x
Spenkor OalUfha Orow, of Pa., halo,. hearty
ami vigorous, ? despite his Ruyeuty aud odd
years) to Culberson, of Texas, now entering
upon his eleventh term and othpr of tho
House veloraus, whoso political prospeota
wore uot temporarily submerged lu tho No
vember elections of 'Of. Mr. Hold, of Maine..
In pursuance to the Unanimous deolslon of -
tho itopubliean caucus, was olOQjiod Speaker
by n vote of 234 against 00 for Mr. Oriso, of
(luoruiti. Tho rules of tho Fifty-first Con
gress -popularly known n? tho Itoed rules?
were adoj toil for the government In tho
llouso for tho present.
TUB CLOSING HOURS, j1 * ?
The Electric flights Went,. Out on
Thoiil.
The constitutional convention at ,
7 ;*K-l Tuesday ovening, after a Hessian
lusting nearly all clay, completed its
work ho far uh tho constitution 1m con
cerned, having boon in sosaion almost
continuously for ovotf two months, and. ?
it now only remains for the delegates
ti> roturn hero ov Tuesday to
ratify tho now constitution. The "(Sbn^ ~
vontion began work Tiroedny xnorninjf -
with tho articles on declaration of ' ~
rights, on judicial dopartmout^nd qu
legislative (lepartmont to bo' Anally
actod upon, along with throe ordinan
di, mul The lumlllAWM .
was rushed through in groat shape.
Tho homestead olanso was badly ottfe
up. Tho homestead of $300 to un- _
married persons allowod on tho sccoud
reading was stricken out. In tho evon- ...
ing tho couvontion rovoraod itself on '
tho divorce quostious, striking out tho
requirement that this '#tato shall ro
coguino divorces granted by other
Btatcs, on a olose voto. Tho conven?,
tiou iUu^hcd its work iu almost total- ?
darkness, ull tho incandescent lights in
the hall suddenly going out. *
TUB AHfcKN HANK CASK.
.Judge Brawlcy Reverses tho' Kcport of
tho Speclul Muster.
Judge Brawley has rendovnd bin do-*
vision on the. report of Special Master
T. It. Morgan, made last Spring in the .
well known Aiken Conuty Loan and
Savings Bank oase; and, as wilf ho ""
seen by tho record of the <d?rk oi .
United Htates Circuit- Court, has
thrown out all tho charges made
agoinst Messrs. Wpolsey aiul Ashurst,
ond sustained the exceptions made by
theso defendants. The following is the
record:
United State# of America, District ' of
-OarollHH? la tlio ?
? Clroult-pla Etiulty. Godfrey Whseler* ,
j >l ul a i i nr. %?*. The Aiken County I^oao ana.
Havings Bank and others, defendants.
On hearing the report of T. K. Wtor- ?
gan, special Master, and the exception* ^
thoreto pleaded in behalf of tue d?!^
fendants Woolsey and Ashnrst, and
after arguments and consideration -
thorcof, it |s ordered auu
that tho qxcQptiona bo sustaiaed Mid.
the roport reversed.
War. H. Brawley,
Nov. 24, 1895. U. S. Judge. > ;5i
I, J. E, Hagood, olork of the said
Court, do hereby certify that the forer .
going order i4& truo copy of the ori
ginal now on file in my office. $
Given under my hand andMitl of ttio
Court, at Charleston, 8. 0., this 29d
daj' of Noyomber, 1895. <
J. E. Hagood,
0. O. O. U. S. Diet S. C.
The C. F? & Y. V.
The Cape F?ar & Yadkin Valley B?llro>d ? 1
bisecting N. C. northwest* and io?Umm^'
from (ho Blue Bidgo to tbeohief s'apott,aad
traversing part of the piedmont, cotton, ni
val fltoro and lumber sections^ with tntaqhes
to Madisou and Bennetts ilie, ft. C. ? is ap
proaching a cridln In its history, which to
awaited by Ita friends with deep aailfcr It?.
iinawjal troubles not logg sluce . foroed It
Into tbo hands of a receiver, and this neces
sarily temporary arrangement is aboot to
give place to a sale and reorganisation of
(ho road, two plans for which are submlttrd
to tho stockholders. One contemplates the
sab* of the line In Its enthttly. and 1* credited
to the Baltimore & OhfcPlUllipad Company,
being the plan submitted fry the "Baltimore
committee." The othe* proposes to afford
capitalists an opportunity to purehsss snefa
division or dMsLnsof the Cape Fear Ad
kin Valley Kailml9l%fffey may elect, and
amounts to a practical dismemberment and
disintegration of tfee ijilin, /
Wants toBe a Votes
Mm. Nellie O. Bobifcson, a wos
of Cincinnati, Instituted a pre
mandamus in the suprerao court
compel Oovurnor MoXniev'to/
commission as a notary public. V
?on had* conference with Priva
Boyle, who issues the certiieatei
fwsed, actla# upon the adtloa
GenerefjtteSards/who claimed