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v*- . J ' V. ’ ' 'x- 1 ' ^rr . / T; VOL. XXVI, BARNWELL, 8. C., THURSDAY, JULY «. 1903. NO. 43. ■ u.v. THE TILLMAN CASE. Judge Townsend Grunts a Change of Venne from Columbia. EUCHAJA* ABUSES THE PRESS. A Warm Debate Over the Selection of the Place of Trial. Lax* v s tngton County Finally Chosen. tfr » , • James H. Tillman wlll.be tried for the murder of N. G. Gonzales at the county seat of Lexington, beginning the third Monday in September, un less the defense obtains another con tinuance. The order for the change of venue was made by Judge Town send in the criminal court on Wednes day afternoon after the argument was concluded and the place announced Wednesday morning shortly after the court convened. In making the an nouncement the court said that h'e had given the matter muchlhought and had tinaliy determined^Cnat Lex ington was the proper place to hold the trial. The sheriff was ordered to have the prisoner thfere by the second week in September. Only the affidavits used in the change of venne proceed- permlttcd to be tiled. al- bough the prosecution desired to iiave those tiled also that, were used in the proceedings to obtain ball before Judge Pope. We present below the argu ments of the attorneys in the case af^er the affidavits all had been read: JUDGB CRAWFORD’S AROCMKNT. In the discussion of such a case as this the legal propositions should first be given. This motion for a change of venue stiould not Ik*granted unless the showing is made very strong. Another proposition is that the parties who come asking for the change must iiave tiie preponderance of the evidence;' if there be an equal lialaiice then they lose their case. Th6 rule is that the diefence shall establish,their point’ hy the preponderance of the evidence. The question is, ts the prisoner enti tled to a change of venue on account of the local prejudice? And the .defend ant presents in stereotyped forms affi davits saying that a fair trial could not be had. The defence/liaspresented to you a mass of affidavits, but' there are some among them who are people of Ibis county. The otliers belong to the migratory class; that is, the mill population. They are not people who cannot speak for Richland County. Upon this line is the ohe point for the defendant. Such affidavits declaring nothing but the belief of the affiants have no weight in the determination of the change of venue. The motion must be acuoinp&nied by affidavits based on facts, not beliefs; knowledge, not opinions. ~ Judge Crawford cited a number of cases throughout Abe United States showing that it-is insufficietTLto obtain change on such opinions, and beliefs. If such were the case a change could bebrocured from one county to another, anu In this manner the case could be carried o.a indefinitely. The law must be resolved on principle and not mere ly on the opinions of everyone. Our Supreme Court has repeatedly decided . that when a juror has been put on his voir dire and declares that his mind is unbiased that, juror is perfectly compe tent to sit on the case. It was on account of these beliefs pinion affidavits that., the Courts of South Carolina in the case of the SlalS Winmamsr dectaredrln that a change of ventm can be granted only when accompanied by affidavits in which facts are given. Is $he jury of Richlaud-County to be Impeached before they are put on'their voir dire? Because a few of the friends.of the vic tim subscribe to a monument fund should it then be said that a,Yair trial could not be gotten ip Richland Coun ty? According to the case reported in 3th New Mexico the mere statements of the attorneys of the defendant should have no weight with the Court. That the venue will not be changed merely on the belief of the prisoner and his friends that he can not get a fair trial is specifically stated by Bishop. We have shown to the Court by affida vits that over one-half of the jurors drawn dn thisCourt are from -the country districts of the county; there fore, the articles published in the Record could Iiave no effect on them; as this paper has no country circula tion. The accused has made objection to the effect that the jury is made up. of improper jurors. By the safeguards of the law this is eliminated in such a manner that a juror who is biased can not sit on a murder trial. The affidavits of the prisoner relate to the time when the blood of the vic tim was still on the ground, hut now, after six months have elapsed, to say that the people still harbor the malig nancy of vengeance—neverl Thispeo- le in the rush of other occurrences of Lexington County, who declared that a fair trial cannot he bad in Rich- Innd. These people have nothing to do with the case. The defence must show beyond a doubt that a fair trial can not be had. Must ft be-shown by the number of affllavlts? Then we iiave them. By the inteiligence of the affi ants? Then we have them By their representative character; by the&ried occupations? If so, then the prosecu tion has them. They want to show that by a few newspaper clippings tft&va fair trial cannot be had. All of the preachers of Columlda have given affidavits show ing that Tillman can get an impartial showing. The defence wants to con tradict their statement by showing that on the Sunday after the shooting prayers were offered to spare the life of this use/ul citizen. Mr. Crawford then read the names of some twenty physicians of thpeounty^ who mingle with the masses more than any other class of citizens, all of whom say, without an exception, that the ac cused can get a fair trial here^.To show that the prosecution hail obtain ed the opiniop bf all classes of citizens in the county/Mr. Crawford went over the names of th« (W lawyers, docto's, county officers, druggists, city officials, county delegation to the Legislature cankers, railroad men, about hue hun dred andllifty merchants, and the farmers, who swore that a fair trial could he had. There are only 1 ,.100 qualified jurors. " Both sides are limit ed in^Lhe same way in the drawing of tlie jury. Theother side 1 ’present 331 affidavits and we iiave 421; this makes 752 of the citizens whom Tillman would not have to fear; 351 who Iiave made affidavits for the defence, are not prejudiced against him and the, 421 who havM stated speei fioahy that a f air Mr. Nelson referfe'd to the manner In which Judge Andrew Crawford had read this affidavit, Saying that Mr- Weston was elected In hard times. Mr. Nelson wanted the Court to know that these haid times referred to was the bitter fight between the Tillnian- ites and Conservatives. Although he belonged to the latter side, he was not afraid to say that such a state of feel ing existed now and that no one did more to cause this than the late editor, N. G. Gonzales. - x Some -stress was put on the affidavit" of lOdge O. W. Buchanan, in which he referred to a conversation between Mr. Nelson and County Auditor W. H. Gibbes.' Mr. Gibbcs had always been a close personal friend to Mr. Gonzales and tie did not blame him for his bitter feelingpowards Mr. Tillman. Your Honor Will also take judicial cognizance of the -Act of 1U02 at, page I, 000, where the duty is devolved upon the county treasurer, the county audi tor and clerk of Court of Common Pleas and General Sessions of selecting and drawing jurors in the Circuit, Courts of the State. Mr. Gibbes UV ing county auditor this duty devolved upon him. In the case of State vs Sullivan, 39 S. C., 400: The Judge unbeing con vinced thal a fair trial could not bo had by reason of the interestedness of one of the officers who drew the Jury— the Court saying that It was well set tled that the jurcnc must be returned by impartial and disinterested officers and that one of the officers whose duty it wits to return the panel Was a relat ive of,the deceased, and impart ial, and as some time would elapse liefore his term of office* would expire,and the defendant being entitled to a speedy trial, a change of venue was ordered. trial can Ik had The 500 remaining can Ik put on their voir dire and 1 am sure that an iaW partial jury can be gotten. The rul^ of the Court is that you cannot decide whether an impartial jury can be sworn in until they are brought up and put on their voir dire. We challenge the affidavits of Mr. W. T. Martin and others, in which they state that the newspapers have published articles which were calculated to prejudice the minds of the people-and to hold the de fendant under public censure. Mr. Crawford went^on tosay that the news papers published here, and especially the State, had been especially temper ate and mild in their reference to this case. , , , Mr. Crawford spoke for about one hour and a half and closed with a strong plea that the change of venue shouldnot be granted.' col-'F. ii^ nelson’s argument. Col. P. II. Nelson then spoke in sup port of the demand for a change of venue. Col. Nelson spoke In. a most eloquent manner for one hour, going over life legal ptirases which are in volved in the case. Ale l»egan by say ing, that by the Constitution of the State a fair and impartial trial was guaranteed to every man. ahd be pro posed to show that a fair trial could not be gotten here- . We do not rely on the affidavit of the defendant, but on 350 affidavits of citizens of Richland County. The Statutes of South Carolina,’ in Section 2,735, allows change of venue on the following grounds: ‘‘Tiie Circuit Court shall have the power to change the venue in all.cases, civil and criminal, pending therein, and over which said Courts have origi nal jurisdiction, by ordering the re cord to be removed to another oounty in the same circuit. The application tor removal must he made to the Judge fitting in regular term by some party interested, or by the solicitor of the cir- -cuit, or accused, supported by affidavit thafa fair and impartial trial cannot be had in the county where such ac tion or prosecution was commenced. mihla- ters did not refer to the case from their its. Mr. Nelson’then read sgy- er&I extracts from the prayejx-'tnat were offered on-the Sunday after the shooting. Every single affidavit pre sented by the defence shows that Cot. Tillman cannot get a fair trial and they also state the reason why he can- not/get alair trial. Washington A. Clark has called Gonzales a martyr and Tillman an as sassin. The same is true of John J. McMahan. The newspapers have pre judiced the minds of these people by publishing numerous facts in regard to this case. ’The defence, has not only made reference to these articles, but has presented these clippings to the Courts. * r Mr. Justice McCall of New York, in the case of People vs Buffett, granted a change of venue' on the ground that tiie newspapers had prejudiced the minds of the people so much against the prisoner. These cases are cited to show how similar cases have been treated in. other States. Col. Nelson then read several similar cases to the Court, showing that changes of venue have beerf granted onthe ground that news papers are sufficient to prejudice the minds of people so much as to prevent a fair trial. L- >— In^ closing Col. Nelson said that It had given him no pleasure to make the criticism of those with whom he had formerly bfcen friends. He was always willingto give the deceased edi tor the credit of believing that he was right and did not now want to change his course. * ve almost forgotten this trial. They bring extracts, written by a single edi- e le ed /and try to show that this indi vidual has influenced the jurors of this county. All of the witnesses for the State say that a fair and impartial trial can he had. Four hundred and thirty- one, affidavits have declared that if there was any feeling against James H. Tillman it has disappeared. MfrCrawford then read the letter from Col. Wilie Jones, In which he says that Tillman can get a fair trial. This is the only representative citizen who has made an affidavit for the defence,” and he says that Tillman cangetA fair trial now. There has been talk of violence to the accused. Why, Ool. Tillman walks in and out of this Court room with as much safety as in his mother’s home. The sworn Statement of Senator JL. Q. Marshall shows that there is as much feeling in every part of the State as is in this county. There was some feeling H ainst Col. Tillman at the time of the Ring, but this has subsided now It has been shown that notwith- standing the fact that Mr. N. G. Gon tales f^ktSSfismsedinhlH-racetor Governor last summer. Col. Tillman received more votes than any other Candidate. The defence has presented to rfiake application for a change of venue that a defendant has in eases of murder, arson, rapp, burglarjr perjury, forgery or grand larceny: Provided, no change of venue shall he grafted insuch cases until & true bill has been found by grand jury. Ten days’ notice of such application in civil and crimi nal cases shall be given to the adverse party, and if a change is ordered it shall be to a county in the san# judi cial circuit. 11 r In State vs Coleman 8 S. C., 238 it is held that a motion for a change of venue addresses itself to the discretion of the presiding J udge. The change of venue was granted by the Gtrewlt Judge, the Supreme Court saying; ‘'While liere upon very general affidav its as to tiie improbability of a fair and Impartial trial in the county in vahich the bill, was found, the Judge expressed his willingness to transfer case to another county In the Circuit except Pickens, where chert would be no term of Court.” In tf»e case of Carroll vs Carroll vs Charleston and Seashore Railroad Company, 61 S. C., it appears that only the affidavit of the plaintiff was sub mitted, which recited two mistrials, and the great influence of the defen dant, the Consolidated Company. Against that was submitted the affi davits of none of the jurors and the chapge of venue was ordered, the Court holding that it was in the discretion of the trial Judge to order the change .pn the former |trial. In the case of the State vs Jones the defendant was convicted of manslaugh ter and sentenced to twenty-four years. The case was appealed and re ferred, and ordered to a new trial. The State moved for achange of venue and on single affidavit the change was granted. * \ In another unreported case Judge Kershaw granted a change of venue, in Fairfield County, on the affidavits oPthree citizens. In the case of Crawford,, in this oounty, the change was granted to Kershaw County because of prejudice caused by the newspapers. Public feeling has been so much ex cited here now that people are actu ally afrajd to make affidavits on ac count of losing their position In vari ous large corporations. In the Craw ford case, although there were only ten affidavits submitted for tho de fence, Judge Watts granted the change notwithstanding the fact that seventy-eight prominent citizens of the county said that a fair trial could . be got tern Mr. Nelson then made reference to the affldvait of Mr. *. H. Weston, who said that he was elected to the Legisla- you About fifty affidavit* from citizen* Iture In 1892.. \ epor Carolina Jourts In reference to news paper publications. In New York several cases were cited where changes of venue were given on account of newspaper prejudice. The affidavits of Mr. A. E. and Mr. W. E. Gonzales do not deny that on the day after the notice for change of venue that there was published an editorial entitled “Only Criminals Fear-iL.Fair Trial.” This was done only fcnWect tlie minds.of Ihe pcopje, j Tiie prosecution says that the THRILLINW STORY From the Records pf the Corps of Cadets of the VIRGINIA MILITARY ACADEMY. In the War of Southern ence. The Gallant Charge _. Independ- of the Boy Battalion at New Market. It is a record unexampled in his tory, this storv ot some two-hundred and twenty-five boys, under HL par ticipating in a sanguinary and hard- fought battle, where tiie service they rendered was so timely and effective, that it materially contributed to the fortunes of the day. In the month of May, 1864, three b*ttles were fought on the soil of Virginia. Two were on the eastern side of the Blue Ridge Mountains, and one jn the famous Valley of - the Shenandoah,* where still walked the wraith of Stone wall Jackson, dead at ChancellorsviHe the May previous. The gigantic con flicts of the Wilderness and Spottsyl- vania Court House!, May 5 to 7 and AtUntlon fi*otj Miiy-8-tre4»,-wh4etv mi-so large q "pa™* on the canvas of one of the world’s greatest wars, would inevitably throw into the shade the small battle in the valley, but for the romantic circum stance that on the Confederate side it was partly fought hy the cadets of tiie Virginia Military Acadtute. ¥efc the battle of New Market was In itself no insignificant factor in the defence of Virginia and the proteetion of the MR. BELLINGER S The ARGUMENT. Tiie nejet argument was that of Ex- Attorney General G. Duncan Ballin ger. A thorough review of the ease was made by this distinguished attor ney, who began by refuting the argu ment presented Wednesday by Col. George Johnstone.for the defenoe. He said: —— Has there been any fact presented by which you can form an opinion that the defendant cannot get a fair trial in this county? The same legal principle which pre- lils in a jury trial, that the State must prove its case beyond a reason able doubt, does not prevail at all in this judical investigation. The ques tion is: Can James H. Tillman re ceive a fair trial In Richland OohntyY It is a well-known principle of law th*t a defendant must be tried at the place in which the crime was com mitted. Jn olden times it was the custom for the witnesses of a crime to decide on the case. The idea of change of venue is a comparatively hew thing in law. Col. Johnstone said in his argument that two-thirds of the affi davits made by the defence were those of well-known citizens of Richland County. This argument is illogical and a Circuit Judge knows one man like another and supposes them all to be fair-minded. When the defence says that Mr. W. A. Clark, J.J. McMahan and W. H. Lyles affirm that the defendant Is a murderer this does not debar themfrom saying he can receive a fair trial here They do not allege that these gentle men would lie: that their prejudice has carried them so far that they can not tell the truth. The prosecution does not make the allegation that tlte three hundred and fifty men who made affidavits for the defence would give Jim Tillman anything but a fair trial. The four hundred and fifty af fiant* for the defence, who swore that Tillman could get a fair trial, certain ly would give him justice. The Gonzales brothers and James A. Hoyt, who were so much attached to the dead editor, would not sit on the junr. Gen. Bellinger made reference to the case of the State against Williams. At that time both sides could object to twenty men and the-^State could stand aside the entire Venire. Since then every change in 1 the criminal trials has been made in favor of th defendant. Gen. Bellinger said that in bis ion experience he had never seen certifia extracts of Circuit Judges’ opinions referred to, They should have no PC "WBfitgver In this case. The affidavit made hy Mr. John P. Thomas, in the case of Crawford, who established himself at Winchester, in April,‘had i force of about 8,000 in fantry, 2,500 cavalry and three or four field batteries, and was making ready for a forward moyement. To meet him, Gen Imbodin, of the Con federate cavalry, who was in camp In Rockingham Ccfunt^T" over seventy miles from Winchester, advanced with a force of 1,492 men and 100 scouts, who operated iu Sigel’s front and rear. The ’’reserves” of Rockingham and Augusta counties, about 1,000 men, were notified to be ready at a mo ment's warning to join Imboden, and the same order was seqt to the com mandant of the Virginia Military In stitute. Imboden’s skilful tactics granted him a respite of several days, which enabled Gen-. Breckinridge Tib reach him from Southwest Virginia with 2,500 veteran troops. Breck inridge then took command, and the battle of New Market was fought on the 15th of May. The scene of the conflict, a little village with a popula tion of one thousand souls, nestled between the mountains and the river, 4n Shenauduah,County,undulating ground smiling with ^orchards and gardens and. fertile fields of grain. Thfc cadete-left the Institute on the 11th-of May. They were up before daybreak making their preparations, and, after an early breakfast-were on the inarch. With the ardor of youth they went joyfully to the fray. One of them, ten years later, recalled the sensations of the hour ‘‘as the most the order was given to charge, the en counter was soon over, though the gunners stood gallantly to their guns until overpowered. A cadet mounted s caisson and waved from it in triumph the Virginia State flag, the cdlors of the Institute, rousing s wild yell of triumph from the ..Confeder ate*. There was then a general advance along the whole line and the battle was won. The cadets, out of two hundred and twenty-five iGStrglgftl killed and forty-six wounded. Gen. Shipp had been struck down at a critical point in the charge and to Capt Henry *A. Wise, one of the assistant professors, a young man not much over 20, a nephew and name sake of Qen. Wise, had fallen the command of the battalion. Capt. Wise tells how/amid the noise and ex citement, tap on the shoulder arrested his attention, and the news, came ffom a comrade that their colonel had fallen and he, as senior officer, must take his place. The little confusion that had arisen when Col. Shipp was carried to the rear was spon checked and Capt. Wise had his commaijsLwell in hand, showing con spicuous gallantry, coolness and de cision. When the battle was over Capt. Wise had’ eight bhllct holes in his dtotljts, -though he could not remember how any of them came there. And he relates.that both the tails of his long military chat w&re cutaway. In tiie two large pockets were his pipe aud tobbacco pniich, and the pipe was broken, hut a piece of It remaining. Uae ufhl& lingers has the'* utm temporarily injured yet he could not recall how or when. And to his memory afterwards the action seemed to have occupied but a few minutes, though he knew that it. had been much longer. Of one thing and praysd for his brother, his com rades and himself. And on the mor row he was taken, and his brother left! Jacqueline Beverley Stanard lived for sometime after receiving hi* mortal wound, and he sent to his mother messages of love and farewell; “Tell her,” he said, “I fell where 1 wished to fall, fighting tot my coun try, and J did not fight Ingrain. Tell my mother hdle with full confidence in my God; my loved ones must meet me in Heavfe'n.” And when from the battlefield the distant shout of vic tory fell upon his ear, a radiant smile lit up his countenance and with a fervent “Thank God” the young hero “fell asleep.” Thomas Garland Jefferson, of the same family as the author of the Declaration of Independence, who had received the summon to battle as to a banquet, displayed a Spartan forti tude as he lay bleeding on the field. To two of his companion! who linger ed to give hhn some assistance, he re plied, pointing to the advancing line: “You can do nothing for me; go to the front; there is the place for you." Cadet Wheelwright, who at the age of 14 had displayed remarkable cour age and during in assisting in the capture of a vessel from some trai tors who had seized it, was the young est of three brothers, two of whom were in the Confederate army. v Think- Ing to preserve their Benjamin from the fatalities of war, his parents sent him to the Institute, and he alone fell a sacrifice. Surviving until the 2d of Jun^ he bore his sufferings with tr patience and- heroism, sending messages to his family of Christian hope and resignation. An incident that has been classed as touching the “high water mark of American heroism" is related of one of at the end, however, be had a vivid- the cadets at New Market. Lieut, realization—that was the need of a new pair of pats, as his own were so cut and torn.. For this purpose he went over the battlefield to find what , SI gel, who hadHie lacked on the fallen formsof his erstwhile foes. He consoled himself for any impiety in “robbing the dead" with the reflection that he was taking what was no longer of any use to the lifeless wearer. Being, a very tall young fellow, it, was some time be fore he found a man of bis own height, and ttteaJie discovered, as he at tempted the task, what a difficult thing it is to take anything off of the rigid formsof the dead. He called a soldier to his assistance, who, In his turn, appropriated the poor man’s shoes. Tiie punts were carried to an old negro washerwoman to be well boiled ami “plugged" where a ball had goue tliroug.li them, and then Capt. Wise had the best pair of pants in the battalion. Capt. Wise has been for THany yea]» ; fin Honored citizen of Baltimore, Md., where he is connected, with the public school system, and has made a reputation as an accom-' plished educator. Many touching and some amusing anecdotes are tote of tiie boy soldiers and thair prowess. Gen. Imboden re lates that Col. W. G. Lincoln, of the 34th Massachusetts, was very badly wounded, and his horse having been killed, he was caught under him. In this helpless plight he refused to sur- render. r to a cadet until the cadet threatened to run -htm^ through with his bayonet. And the incident is re lated by Capt. Wise, of a cadet who called—to a Federal officer to surren der, and the officer, who despised his pigmy adversary, refusing to do so. Joyous moment of his life.” The boys . ^°y discharged _ ills musket, in- in their gayety and exuberant spirits' fstel^wound. Btr; mister! shouted and sangjind whistled as they swung along, all of them joinRqf, now and then, in the cbors of some favorite air. Arrived at Staunton they had yet forty miles to make before reach ing New Market. It proved a long and toilsome march altogether, of four days’ duration, through falling rain and wet fields and mudy roads But the battle day dawned bright and beautiful, though a terrific thunder storm came later, mingling its terrors ami grandeur with the thunder ot the Carter Berkeley, of a Confederate battery, was passing over the battle field when he attracted by the cries of a mere lad, who, grievously wounded himself, was apparently unconscious of his own condition in bis distress over his comrade. He sat with the latter’s head upon his breast and called to Lieut. Berkeley: ’’Sir, do get me a doctor, for my friend is wounded.” “My poor boy,” replied the officer, your friend Is dead, but I will get a' dostor for you.” _ They were, indeed, all worthy of their race, many of them being of gentle lineage and bearing historic names, in the noblest meaning, the “golden youtfi” of the Old Dominion. And aqu>&ff the cadets there were representatives also of the best blood of some of the Southern States. Some years after the war a Northern man came to the nstitute to enter bis young son there^ saying to the commandant: “Sir, I was ampffleer imtbe Utrfomarmjr at ^ appeal tribunal to the cried the tender-hearted youth, as he ran forward to help his dving foe, “I am sorry I shot yod!” “And j*hat a fool was I,” replied the other, “not to surrender!” A small cadet, eager to show bis valor, came excitedly forward to Capt. Wise with about eight or ten Federal soldiers, exclaiming In triumph: “See, Captain, 1 captured all these men my self!” But the Captafh shrewdly sus pected that the soldiers were on the way to surrender themselves when the battle of New Market and was a witness to the bravery oLyour cadets, and I resolved then that if 1 ever had son he should be educated Iji this schoolotiieroes!” Among the cadets at New Market was a young Israelite, born in Rich mond, Va., now the world-renowned sculptor, Str Moses Ezekiel, of Rome, taly. To him, most appropriately, was consigned the execution of the monument to his comrades,-the cor ner-stone of which was laid the 15th of May last, and which will be un veiled June 23. It occupies a beauti ful position on the parade ground of ;be Institute, in front oTthe entrance ix> the Jackson Memonrial Hall. At the cemetery of the Institute are the i'raves of the young heroes whose a me the monument commemorates ^“Sleeping, but glorious, Dead in fame’s portal, - Head, hut victorious; Dead, but immortal! . They gave us great glory, guns. The boy battalion on their ar- GB? doughty young gentleman earner [Continued on page 4.] rival were quickly in line, having been assigned * central position so.Mio be as little exposed as possible. The gallant Kentuckian in command, gentle and. brave, and one of the handsomest men to be found in either army, op whujp had fallen the man tle, and with It the spirit, of Stone wall Jackson, looked tenderly upon tiie youths, called from their stu lies to face a field of battle, and would fain have spared them the fiery ordeal. , Riding up to thc_^adet corps, just before the engagement, his graceful and commanding figure a conspicuous object on theriield, Gen Breckinridge said: “Young gentlemen, I hope 1 will not have to call upon you to-day, but 1 know If I should be obliged to do so that you will do your duty.” And nobly did they respond to this expecta tion. The [battle was progressing successfully < for the Confederates, though stubbornly contested by the Union forces, when a terrible fire met Breckinridge from one oLu Slgel’s batteries, which was on elevated ground, doing much damage to the Confederate infantry. It was then, at about 2 o’clock itL the day. that tiie cadets were called into action, though they had already buffered several casualties from random shells. The boys, with the agility and en thusiasm of their years, outran the veterans who were, alongside of them, crossing a deep and rock gully about three hundred yards from the battery, under the concentrated fire of its six guns, plunging through thorns and briers and over fallen logs and stumps of trees. Then they waited for the 62d Virginia regiment some two three minutes, keeping their forma tion with wonderful coolness while the battery was doing Us deadly work upon their youthful ranks. When up with them. Cadet Qharles Carter Randolph, a cousin of Gen. Lefe, was the 1 youngest hoy In the battalion. At the age of fourteen he had entered the Confederate service in a cavalry company’from his native county, Fau quier. He repoftiM to Gen. Jackson as courier before the battle of Slaugh ter’s Mountain, and carried orders, for him to the front. But he was so small Gen. Jackson recommended that lie be admitted as a cadet in the Mili tary Institute. At the battle of New Market it is said that a Federal officer refused to surrender to him until the brave youth showed bis readiness to use tiie bayonet. He was soon after wards desperately wounded In the head, so that bis life was despired of, and it wa*g§gty-a—year before he was able to return to the institute. He is now a clergyman in the diocese oi his near relative, Bishop Alfred Ms- gill Randolph, of ^Southern Virginia. Among the cadets who were in the battle was the young son of the Con federate Secretary of War, Mr. Sed- don. The story^ is told of Cadet Sed don that he was small of stature and so delicate that one of his father’s servants was employed to carry his gun for him on the march. Gen. Imboden had a boy brother among these little heroes who was knocker down and disabled for the time by spent canister shot. Among the cadets who gave up their lives at New Market, Cabell Stanard, Jefferson and Wheelwright were especially noticeable for their nobility of character and Christian graces. Cadet Cabell was the eldest of two brothers who were in Up J*t- talion, and bis unselfish care and soli citude for bis brother, their mother’s darling, was remarked upon by his associates. On the night before the battle he told a comrade of his fears for the boy’s safety, then went apart ENDS HIS LIFE. X A Doomed Negro Xarderer Cheats ’lows BY TARING POISON IN THE JAIL Where He Wan Cloacly Confined Awaiting the Vengeance of the Law for HI* lleinonii Crime. J ■ John Brownfield, the negro who mur dered Deputy Sheriff Scurry at George town in September,* 19uo, and who was to have been hung last Friday, 'com mitted suicide in his cell on Tuesday; Jqne 22, hy taking poison. The Char leston Lost ootrespondentsays It Is not known how he obtained the stuff with which he killed himself. There has been some talk of the possibility of the condemned man taking his own life and cheating the gallows, but there was little expectation of his being able to accomplish it. Brownfield made a rem.irkable Hglit to escape the gal lows and carried his case to the Su preme Court of the United States. He had exhausted every resource to save his neck, when finally he took his own life in tips very shadow of the gallows. Brownfield- ItfHed-- Deputy -Sheriff Scurry on September! 30, 1900, ing the deputy’s undertaking to arrest him in a barber shop. The killing caused great excitement and s posse went to the woods and captured Brownfield and brought him to jail. There was some talk Of TyfiSfiTttg the negroes began to gather from the surrounding country to prevent any such proce<.‘ding, and afterwards wllb- the purpose rescuing the prisoner from the jail. The situation became very bad and there was imminent danger of race war, when Mayor Miugftu.-»p- pealed to Gov. McSwecttey.to order out tbs- mliitts." The Georgetown com panies and MaiorScbscbte’s command from Charleston were quickly brought - to the scene and their presence estab lished order and subsided. •brownfield was tried and convicted In December, 1901, and was sentenced to hang, but he appealed to the Su preme Court of the State, which sus tained the Judgment of the lower cdhrt. His case was then carried to the Supreme Court of the United States, which denied his contentions of dental of constitutional rights, clos- the trouble quickly murderer. On last Tuesday the ne gro was brought into court and finally sentenced to he banged ‘ on Friday, 26. He asked that Mayor Morgan and three prominent citizens of George town would see him and to them be appealed for Influence with the Gov ernor to have his sentence .commuted to life imprisonment. They declined to do anything, but recommended that be endeavor-to-enlisTihe sympathy of his victim’s brother, G. W. ScurryMr. Scurry refused promptly and emphsti- ' cally to raise his hand in the negro’s behalf and declared that he wpuld spend every dollar he had to bring his brother’s slayer to justice. What more could they give? They have left us a story, A.itory to live.” Kate Mason Rowland. A Florida Tragedy. W. B. Hunter and Mrs Cephas Eiland were killed and Cephas Bfland badly wounded in a shooting affray at Sprink Lake Fla. Wednesday night. Eiland and Hunter are brothers-ln- law, but were not on good terftta. Hunter was in Brooksville all day He leftr early in the PULLED ARMS FROM SOCKETS. Strong Man Badly Injured la Trying to Oatpnll Homes. A New York dispatch of Tuesday says: Sehastlen Millgr, a professional strong man, will be crippled for many weeks as a result, of the accident at the Plattdeutscher Volksfeast at Ridgewood park wrhen two horses he was trying to pull together almost tore his arms from their sockets. It is likely that he will n^ver regain his former strength. The act which Miller attempted was to strap himself to two powerful horses and drag them together by sbeer muscular force. Two big bre wery horses were taken to the park r the test. Miller strapped his hand into loops that extended to a stout harness around the horses, one on each side of him. A great crowd watched hhn as be strained every muscle bf his powerful body, but the horses did not budge. The crowd cheered, *nd the horses, frightened by the noise, started to move in opposite directions. The grinding of the giant’s bones could be plainly heard, his face was drawn with pain pntU, when be could hear it no longer, he called for help. Men rushed upon the platform and stopped the horses. It was none too soon; for the man’s arms had been pulled from the sockets and the flesh broken, lettinfe thin streams of blood course down his arms. A physician was soon with him, and after potting the dislocated topes back in place be allowed bis patient to go home. Now be is un able to use either arm, and the doc- tors say it will be a long time before he will be well. going directly home went to Elland’s. What occurred there Is told by Eiland, the only survivor of the tragedy. He says Hunter being under the influence of whiskey, began using very profane 1 ' and abusive language in the presence uf Mrs Eiland. Eiland ordered him to leave. He puled his pistol and begur firing at Eiland, who returned the fire. Mrs. Eiland sprang between the two while they were shooting and was in stantly killed In the presence of her three little children. After emptyrng his pistol Hunter ran a short distance and died. Eiland is badly wounded ‘ Boston Menaced. A new terror now menaces Boston. Somebody claims to have discovered,by scientific methods, that the city is slowly sinking to sea level. *lt is asserted that there has been a drop of of about a foot in the last ninety years, and that the depression is Steadily going on. But, in view the weight of Boston intellect, the wonder is not that the city is being mashed under, but that it has held up so long. BalldInna Destroyed. The most spectacular demolition of buildings - in "the history of the world was begun by the Pennsylvania rail road Wednesday in the very heart of New York. Four hundred buildings, including three churches, a hospital and a charitable home, wlljl be made one grand ruin In order to erect a mammoth station in connection with that road’s tunnel project Irom New Jersey to Long Island. Another Lynching. A mob of fifty masked men Thurs day morning hanged Jack Harris, a negro, to the porch of a building in the suburbs Of Clarendon, Ala., Har ris assanlted and seriously injured John Coburn, s white farmer, who lives shout eight miles from Oareodoo. The assault waa committed Sunday and Harris captured the following. The mob forcibly took him custody of the sheriff and 1 jr.:’ ■BH