The Barnwell people. (Barnwell, S.C.) 1884-1925, July 02, 1903, Image 1
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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