Historical Newspapers of South Carolina

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HAKFIBLD wins appkal mmmmmrnrnrn i !>??! illtjrrd Hlayrr of Youmana Will Get Another Chinct ^eifort Jury. ? ih( killing of Officer LeRoy You-I Bans, near llartsville, attracted quite j |Kivat deal of attention in this aec-j H0n, owing to the fact that the Hlt'Kt'il slayer John Barfield, escaped B, made his way into this county Khere he was arrested near Bethune. Bh< following f;om the Columbia; B of last Friday will be read with Bitvrcst here: I Sustaining the contention of the ?fftiisc fhat statements made by the during the trial were prejudi cial to the defendant, the supreme Boiut of South Carolina yesterday Bonded down an opinion reversing the Bk i^ion oii% lower court in the case Bf the state against Loy Harrison, Bliav John Barfield, and ordering a Bew trial for Harrison, now under life Bent once for the slaying of J. LeRoy B'oumans, federal prohibition officer. I The case wab heard in Partington, Bune, 192.'l, before Judge E. C. Den Bis Harrison ? or Barfleld as he was Bnown throughout the trial?being Bound guilty of murder with recom Bnendation to mercy. I F.our of the defense's 17 excep tions were sustained by the supreme Bouit in reversing the circuit court Wccision the opinion being by Asso ciate Justice R. C. Watts, Associate ?fustic? T. P. Cothran concurring. As sociate Justice J, H. Marion con Burred iii the result as did also Asso ciate Justice T. B. Fraser, who held what the new trial should be allowed ?upon the ground of Judge Dennis' re Knarks in admitting testimony as to Ian alleged confession, though other ?exceptions, he believed, should not be ?sustained. Youmans, working with five other ?officers at the time, was killed in a ?raid on "a still in the Pond Hollow ?section of Darlington pounty. The federal officer and I. p. Fields* fi 1 rural policeman, according to the tes timony adduced at the trial, were to gether approaching; the still from the left wide while four other officers were making their way in from the front and the right side. The noise of Youmans' approach attracted the uttention of men working at the still and a man with a flashlight came out into the brush to investigate. His first tour was fruitless and then, when the noiso was heard again he? or another ? left the still again to in vestigate. He encountered Youmans and fired; the federal officer* fell mor--. tally wounded. Fields, the rural po liceman with Youmans at the time, opened fire with his pistol and then hearing the officer's cry that he had been shot went to aid the injured man. - The wound, causing almost imme diate death, was made by a .46 caliber pistol ball, and Harrison it was tes tified, that night carried a gun of this ' caliber. Youmans was also armed with a 46 caliber pistol but this had not been fired officers de clared. "None of our crowd had a pistol carrying that ball (46 cali- ' ber)," K. J. Scarborough, a rural j policeman and a member of the raid ing party, declared, "except Mr. Youmans, and that pistol was un fired," Evidence was introduced by the defense, however, to prove that Policeman Fields carried a 46 caliber pistol while Harrison, admitting that his gun ? Jfound near the still ? was of 46 caliber, claimed that it had been fired accidentally when he fell attempting to leave the still. Russell Parker, who like Harrison, is a citizen of Georgia and who was with Harrison at? the still, blamed Harrison with the shooting, while Harrison's contention was that while he made the first inspection trip Par ker was the "man with the flash light," facing Youmans when the tiring occurred. Silas Hawkins, a negro aiding the two white men at the still, at the trial fixed the blarne on Harrison, having previously, ho admitted told officers that another man was responsible for the shooting. Harrison when arrested, it was tes tified, admitted his guilt, telling ofti eeis, "I am responsible for every thing." This alleged confession was the center of considerable argument during the trial and it was Judge Dennis' statement in overruling a mo tion of the defense to strike out the testimony relating to* it that led to the new trial. The confession, it was argued by Harrison's counsel, was made by the defendant while in a weakened and irrational state, and the defendant on the stand denied any knowledge of the incident. / The seventh exception, which was sustained by the court, was quoted in the opinion: 44 4Bec.ause his honor erred in stat ing in the presence of the jury when overruling the motion to strike out the alleged confession, 4,I don't think that the conduct of the district attor ney (J. D. E. Meyer) warrants the .attack that has been made on it. It I seems to me that he has acted in keeping with the high office which he holds, and it was his duty to do every thing in his power to get the man or men implicated." In that he clearly indicated to the jury that in the opin ion of the court great weight should be given to the testimony of the wit ness and had the effect of deciding the question of fact that should have been submitted to the jury for its determination, and decided it adverse ly to the defendant when it was the contention of the defendant that the witness (Meyer) hd testified in court to statements alleged to have been made by him (the defendant) when he was irrational and which were not made in the presence of the. witnesses who testified to them, but were made There is a very simple, convenient and practi cal standard of gasoline just as there are stand ards of time, of weight, and o! distance. It is a of 14 Standard" gwoHnc. "Standard" Gasoline is the prod uct of over fifty years' experi ence in oil refining. Millions of dollars have been spent in re search and experiment to make it worthy of the nanje "Standard". P I ?' . It has successfully met the hardest test of all ? the test of continued favor * with the general public, "As good as Standard" is a claim one often hears because the trade xeeogaizes 'Stand ard" gasoline as a measure of quality. _ ? To the lay motorist a gallon of "Standard" gasoline offers a very prac tical standard of comparison in motor . fuels. It is easy to apply and easy to get. You can always make sure of get ting it by simply asking for it by name. STANDARD OIL COMPANY (New Jersey) 2W 1 in the presence of another person who took down his statement in writing and neither the writing nor the per son to whom the statements were made were produced in court/ "This exception must be sustained^ as to whether the confession was free and voluntary or whether made qc not, was for the jury to determine ami the remarks of his honor made him a participant with the jury in the determination of this question and influenced them in their determi nation of this question to the preju dice of the appellant. . . o Four other exceptions, all relating to the judge's charge with reference to malice and negligence, weic also sustained. "These exceptions," the court said, "must be sustained. It was wholly irrelevant and irresponsive to any phase of the testimony submitted by either side. The ? defendant denied the killing and in view of the- verdict of the jury convicting the defendant it was prejudicial in suggesting or supplying a source of' malice. A party to be convicted of murder must be guilty of malice express or im plied* He must be in a malicious mental attitude. Not a negligent act, but a malicious act. No homicide negligently committed can be mur der. A negligent handling of a dan gerous instrumentality resulting in the death of another as long as the act remains negligence will only war rant a conviction of manslaughter and will not warrant a conviction of murder. "The charge of his honor was er roneous, confusing and misleading and prejudicial in that it based the distinction between murder and man slaughter 'on the degree of negli gence or carelessness' of an act Which might result in the death of another ?that malice might be implied from 'gross carelessness.' On these the judgment must be reversed and a new trial granted." The case was argued before the supreme dourt April 21 and 22, Solic itor J. Monroe Spears appearing for the court while Barfield or Harrison was represented by T. C. Cork, M. L. Smith and A. L. King. Baseball Flayer Dies. Frank Caldwell of York, half brother-in-law of Mrs. Palmer Sher rill, of this city, died at the Fennell Infirmary this morning. Mr. Cald well was injured while playing in a i baseball game in York on Friday afternoon. It is said that he was making a slide into second base and knocked the baseman's feet from [ . "? .. . m , under him, causing him to fall on Mr. Caldwell. This caused a rupture, which resulted in Mr. Caldwell's death. Mr. Caldwell is the son of the late Ben Caldwell of York.-*-Rock Hill Record. Gifted Brothers Were Hermits. London^ April 23? The last of three brothers, all talented men, who for thirty. years refused to have inter course with their fellqw men, has died in a lonely tower on the Essex coast. The brothers took up their residence in the tower about thrity five years ago refusing to admit women and gradually came to close their doors against all. They only came to town to purchase food and clothing. William Cole, the" eldest, wa s a naturalist, founder of the Essex Museum and the author of several books. Benjamin was an entomolo gist and Henry, the last to die, was an artist, etcher and pcujptor. ' The tower in which they lived was surrounded by a moat and was built in the fourteenth century. The will of the last brother leaves all the property, which is valued at about $125,000, to the state. Officer* Capture Still. Sheriff Hunter and officers cap tured a copper liquor making outfit near the Cook old mill place on Lynches river Friday afternoon. Along with the outfit was found eight barrels of mash and about one quart of liquor. The still apparatus was brought to Lancaster and stored as evidence against, whoever may fall into the clutches of the law as its operators. r - , ' Chaingang Guard Suicides. Columbia, S. C., May^O. ? Cal C. Price, for a number of years captain of one of the Richland county chain gangs died at the Columbia hospital Thursday afternoon about 1:20 o'clock from the effects of a pistol wound, self ipfilcted While in charge of chaingang working near Blythe wood he- went into his tent and a pistol shot waa heard. A colored man rushed into the tent and found. Captain Price iktft The ballet entered the lower part of the body, went through the ; intestines and lodged 'in a desk nearby. Evidence* point to a case of suicide^ ? ' L 1 i'> 1 V 1 - r Mrs. Henry Feed ,*nderw*afe a serious abdominal operation* ? ? De troit, Mick., hospital last Thnreday. She ? Is reported ae recuperating Mim 1 1 n 1 1 1 j ? i".1 il i . WIND WAS TERRIFIC W father Bureau Man Says Mfy Have Mown 500 Mlltii an Hour. Columbia, May 8. ? The storm last week which swept through central South Carolina, -causing heavy loss of life and damage to property, may have reached a velocity approximat ing 600 miles an hour according to K. II. Sullivan, meteoroHyist .in charge of the United States weather bureau here. Tht estimate was baaed upon es timates of previous tornadoes in cluding one at Louisville, Ky., where the highest velocity was variously estimated at from 400 to 1,000 miles an hour, and upon j? survey made late yesterday of the path of the tor nado. Beginning in Aiken county prob ably as a thunderstorm and travers ing tfio counties of Lexingto'n, Rich land and Sumter, it disappeared in Florence county, he said. , Damage to each county he estimated at ap proximately $200,000, making a total of $1,000,000. The Anderson tornadv probably caused an equal amount of damage, he said although its path was approximately 100 miles long, while central tornado trailed about 125 miles. Mr. Sullivan discredited the "twi* tornado" theory advanced by inhabi tants of Horrell Hill, Ho stated that the tornado, consisting of circular winds of great velocity, made a coa tinuous sweep along the earth until it vanished into thin air at the en?l of its course. Blair Watson, aged 10, sou of Mr. and Mrs. Frank Watson, of l)illon ac cidentally shot and killed himself Sunday nights The boy and a play mate Frank Niernsoe had been left alonu in the house when he tfot hold of a gun and accidentally shot aud killed himself. Foreign antiquarians are despoiling the churches of France, literally rob bing them of all their artistic treas ures, according to tho archbishop of Paris. Surprising* what a little bit of it takes to make ycW home look new outside and inside . That's because "Kurfees Paint Contains 1 20% to 40% more lead per gallon and will covei (hide) and protect more surface for le^> cost. works wonders on worn, scratchcd fur niture* floors and woodwdrk ? A quart will make a border for a rug or refinish a bedroom suite. Stains end varnishes in one coat? Eight beautiful colors. Anyone caa apply Kur-Fa-Cite. Compare Paint Formulas, here's Kurfoaa Pure Carbonate Lead. , ,80% Pure Zinc Oxide. ...... .8056 s 100% Tinted with Pure Colons Ground and Mixed with Pure Linseed Oil ana l>ryer? thmt's All. /' It's easier to brush on, too? the heavy lead body brushes out smoothly and coats the surface with a protecting film that will last for years in the extremes of temperature. Come in and let us show you the beautiful color, combinations. Kurfttc* MaJceM a Paine for Every Purpose ? We timve Them MACKEY MERCANTILE COMPANY "'1 *- r ? r :" ? -M\V ??? ' - ' ' 'fcSfc# ? srw-* two IDLENESS is the Key to Beg gary. It unlocks our Poor house door. . Thrift is the Key to Riches; It opens the door to Happiness. Loan & Savings Bank CAPITAL $100,000.00 4 Per Cent Paid on Savings Deposits ? - -i. v- - T - . . i~. 'J&t i. 'U- it-* DRILLS c Electric, Hand and Power ? ? - We carry complete line of Black & Decker Drills aad Grinders, ?ost Drills and Floor Drills operated by ba&d and power. We also carry full line of Blacksmith Fares and Bowers. Write us for prices. COLUMBtA SUPPLY COMPANY -ffljiirtiiii' i r ' - -? " ?? ? vv ????* ' >':h " ; ?' ? 5 i* VOi ? " ""'rr^fr. ? . . i Vi.. -.,? w