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% ?br lamb?rn foralb , 1 . ; Established 1891 BAMBERG, S. C., THURSDAY, NOVEMBER 19, 1908 One Dollar a Year M i ? #- : CONVICTED OF ASSAULT SPARTANBURG JURY QUICKLY DECIDED IRBY'S FATE. Judge Dismissed Troops and Made Stirring Appeal to Patriotism of the People. 1 Spartanburg, November 11.?The jury in the case against Irby returned a verdict of guilty after being out a few minutes. He was sentenced to serve thirty years, which is the limit the law allows in such cases. There was no demonstration to speak of when the verdict was read. TROOPS ARE DISMISSED. Spartanburg, November 11.?When the special term of court convened this morning to try John Irby, charged with attempting criminally to assault Miss Lillie Dempsey and Clarence Agnew, charged with wrecking a passenger train, O. L. Schumpert, special judge appointed to try the cases, dismissed the troops that were out to protect the prisoners. Judge Schumpert made a speech to the crowd appealing to the patriotIsm of the Spartanburg people to uphold the law and see that justice is done. He was loudly cheered by the audience. , The case against Irby was taken up first and Capt. William McGowan and L. M. Cantrell were appointed by the court to defend the negro. Mr. Cantrell was not in the court room; in fact none of the younger members of the bar was present and an officer was sent to Mr. Cantrell's office and home, but he could not be found. Capt. McGowan asked the court to excuse him from appearing in the y case, that his feelings were so strong that he feared lie could not do justice to the prisoner. Judge Schumpert replied that he had expressed an opinion when the crime had been committed against the young lady, but when he was appointed by the Supreme Court to sit at the special term of court he responded to duty. The court room was crowded with people from all parts of the county and an immense crowd stood in the / court house square and about the jail. Never before has there been such a crowd at court as that here to-day. The prisoner was brought into the court room under military escort and after he was placed in the dock and arraigned the militia was dismissed and Miss Dempsey accompanied by her mother and other relatives, appeared in the court room , clad in a neat fitting coat suit of blue. She was pale and seemed conw"" " siderably excited. In taking her seat she passed by the prisoner and turned her eyes away from him. littln woman after taking the witness stand, told Ov the assault upon ^ Jier on the morning of October 10, reciting in detail how the negro grabbed her about the throat, choked her and then dragged her into the bushes, leaving her unconscious. She says most positively that Irby is me man who assaulted her; that she could not be mistaken for she had seen him almost every day for two weeks prior to the deed and was familiar with his countenance. \ Drs. H. R. Black and J. J. Jefferies testified that she had not been ravished, but that she had been choked almost to death. When they examined her they found her bleeding at the mouth, the skin about her neck broken and bruised and her eyes bloodshot. She was in a horrible condition. When Irby was placed on the stand he denied the charge against him. The case was submitted to the jury without argument. Could Break "Solid South." Atlanta, Ga., November 17.?"If I had been a candidate for president this time I would have carried Georgia and broken the 'solid South,' " were the words to-day attributed to President Roosevelt by Commissioner of Agriculture Hudson of Georgia, who has just returned from Washing-, ton. He went there to consult the president about the country life commission. Ambitious young men and ladies should learn telegraphy; for, since the new 8-hour law became effective there is a shortage of many thousand ?=. telegraphers. Positions pay from $50 to $70 a month to beginners. The National Telegraph Institute of Columbia, S. C., and five other cities is operated under supervision of railroad officials and all students are placed when qualified. Write them for particulars. Diggs?You believe that whiskey is good for a cold, don't you? Swiggs?Yes, but how did you know? Diggs?Oh, I've noticed that you nearly always have a cold! % CONTEMPT ORDER ISSUED. IHessrs. A. W. and D. C. Ray Cited by Pritchard. Richmond, Va., Nov. 14.?Further complications in the celebrated South Carolina dispensary cases developed here to-day when Judge Jeter C. Pritchard of the United States court issued an order commanding Archibald W. Ray and Duncan C. Ray, former attorney general of South Carolina, of Columbia to appear before him and show cause why they should not be punished for contempt of court. The rule is returnable December 21, at Greenville. The whole trouble arises out of the suits brought by the Fleischmann coiripany and others against the commissioners appointed to wind up the affairs of the old South Carolina dispensary board of control on claims for whiskey purchased by the board from the complainants during. the reign of the dispensary. The complainants moved that the Messrs. Ray be ruled for contempt in seeking to have Judge Pritchard's order, in which he took charge of the dispensary funds," set aside or abro-( gated to such an extent as to allow them to recover the amount of the claim upon which A. W. Ray procured a writ of mandamus from the supreme court of South Carolina. This means a probable clash between the State and federal courts. It will be remembered that the com-1 missioners constituted themselves a court and proceeded to take testimony as to the various claims and in many instances refused to allow the full amount claimed by the parties and, in the case of Ullman & Co., held that instead of the State being indebted to that company, the Ullman company really owed the State several thousand dollars whicb the commissioners claimed to hav6 been paid to the former board of coitrol, and also on account of the fact that the goods sold to the board were sold at a higher price than that charged to other consumers. The complainants brought their claims before Judge Pritchard in the federal court at Asheville, which action was hotly contested by the commissioners on the ground that the commission was itself a court and that Judge Pritchard dih not have jurisdiction Judge Pritchard, however, assumed jurisdiction and appointed receivers to take charge of the funds Judge Pritchard was sustained, on appeal of the commissioners, in the United States supreme court, the commission having applied there for writ of certiorari. Remember the Orphans. We doubt if any set of people look forward to Thanksgiving with more Hoiicht than ornhans. They know full well on that day they will be in' many hearts; and that the prayers of the people who love little children will be made for them. At the Thornwell Orphanage, Clinton, South Carolina, there are 250 orphans. Of these 150 are from the State of South Carolina, 60 from Georgia and 21 from Florida, the rest from other states. Children from any section of our country, however, are welcome, provided they are fatherless, of tender years and in need of aid. Once received they are not dismissed, except at their own request, but are educated thoroughly, are taught some good trade and sent out able to take care of themselves without further protection from .the institution. Their support comes from all parts of the country. Provisions, mone and anything that can be used in the ordinary home can be used here at the lhornwell Orphanage. The Institution itself is on the orofflm Thora Q T?C 1 ^ OJ Ot^/Ul. 1UV1V v * V tages, with six public buildings for mental, moral, manual and technical training. And it continues to grow as new cottages can be erected. Send contributions of money to Rev. Wm. P. Jacobs, Clinton, S. C. Provisions to Thornwell Orphanage, Clinton, S. C. How*s This We offer One Hundred Dollars Reward for any case of Catarrh that cannot be cured by Hall's Catarrh Cure. F. J. CHENEY & CO., Toledo, Ohio. We, the undersigned, have known F. J. Cheney for the last 15 years, and believe him perfectly honorable in all business transactions and financially able to carry out any obligations made by his firm. WALDING, KINNAN & MARVIN, Wholesale Druggists, Toledo, O. Hall s Catarrh Cure is taken internally, acting directly upon the blood and mucous surfaces of the system. Testimonials sent free. Price 75c. per bottle. Sold by all Druggists. Take Hall's Family Pills for constipation. COUNTRY NEWS LETTERS SOME INTERESTING HAPPENINGS IN VARIOUS SECTIONS. News Items Gathered . All Around the County and Elsewhere. Ehrhardt Etchings. Ehrhardt, November 16.?Several of the young men and ladies went to a candy pulling at Mr. Jacob F. CopeI land's. Some enjoyed the pull very mucn, especially Messrs. Jacob and | Willie Hiers. Mr. Jacob Ehrhardt and family went to Newberry last week on a busness and pleasure trip. They returned Friday about noon. Court in Bamberg has taken quite a number of our men from in and 4-T-tio nrzwil' oo oontlpmpn aiUUUU lunu lUiO n^vn uw 0VMV?V444^M of the jury. % I was asked last week why was it that the election boxes were not all turned in to the officers at the court house. Upon inquiry I found that Mr. G. W. Hughes was to have taken the State boxes to the county seat, but did not do it. That is why the delay in sending in the boxes was caused. We will not cuss him out about his negligence, as he is the largest man in the county. A cold wave struck us last Saturday night, and is still with us. Makes the fire feel good to us. Rain Saturday morning was in order, as we were very dry, and the old wjomen were complaining about their turnips not rooting, saying all the time was too dry. The Conrad Ehrhardt Co. from now on will only gin cotton on Tuesdays and Fridays of each week through the balance of the season. After January 1st they will shut down their e-innerv. O-?? v Mr. Jim Morris and family spent Sunday with their children, Mr. Frank Morris and Mrs. Donie Chassereau.' 4 Rev. T. L. Belvin preached his farewell sermon Sunday night.' He has stayed his stay out with us, and the conference will move him to another charge when they meet. News from Keafse. Kearse, November 16.?Cane grinding is the order of the day. The young folks of the neighborhood and from Olar gave us a pleasant call on Thursday evening last, and with games and pulling candy think all spent a pleasant evening. Glad to say Mr. R. C. Johns is improving, and hope he will soon be recovered from the injuries he received at the ginnery of Mr. L. W. Ritter several days ago. Mr. L. W. Ritter reports 27% lbs. sweet potatoes from one hill. Rev. R. A. Yongue preached a fine sermon at White Point school house last evening. This winds up his conference year with us. Hope he will return. Mr. O. E. Kearse is suffering from a sprained wrist, and is diasppointed thereby, as the game law is* out and he expected to have a big day shooting birds to-day. The "Jolly Eight" will give an entertainment at White Point school house on Friday evening, the 27th instant. All are invited. Bring a pocket full of change. All the delicacies of the season will be served j and a cake raffled off. They want I to raise funds to make needed improvements for their Christmas entertainment. B. A Marriage at Spring Branch. On Sunday afternoon, November 15th, at the home of the bride's parents, Mr. and Mrs. John Strong, their eldest daughter, Miss Iris, and Mr. Levy Folk, of Midway, were united in the holy bonds of matrimony, uy itev. o. tr. unisuim. The attendants were: Mr. Johnnie Folk with Miss Maud Crider, Mr. Russell Sandifer with Miss Birdie Bessinger. They received some presents ?as evidences of their friends' beet wishes. To the happy couple we extend our very best wishes for a long life of happiness and prosperity. The bride and bride's maids were attired in white, and was typical of the beautiful afternoon. The groom and groom's men wore black suits. ONE PRESENT. . Raise in Freight Rates. Chicago, November 17.?W. C., Brown, senior vice president of the New York Central lines, at a conference with F. W. Upham in Chicago to-day assured the latter that the railroads of the country had agreed that a 3 per cent, advance in freight rates would satisfy the requirements of the roads. This advance takes the place of the threatened 10 per cent, advance which aroused shippers to opposition ^several months ago. He said than an increase was necessary, but the amount of the proposed increase had not been determined. REAL ESTATE IX DEXMARK. Lots Being Sold and Some Residences Erected. Denmark, November 7.?Denmark had a fine frost the morning of the sixth. It is said to be the first, and marks the line of demarcation between fall and winter. The season of cane grinding, sausagea^and head cheese, with the charming ^crispy atmosphere of this section, is upon us, and seems to put new life to business and enterprise. Now that the elections are over there is nothing to do but "to get busy," be happy, and make everybody else feel so. This city is fast changing its appearance. The opening of West Denmark streets is making that addition to look like a city, and when all of the lots in that addition are sold, Den? ? ?* Ka *vtAt?A Ition f TX' 10O QQ Ulttlll Will irc uiui c vuou in ivv- uu large as it now is. East Denmark is pretty well built up. There are but few vacant lots in that section, and it Is said to be almost impossible to find a vacant house. The promoters of West Denmark have demonstrated what street improvement will do to help business. They have opened and graded four streets from the center of the city to the Barnwell road, besides other cross streets running North and South. Already about,one hundred and fifty lots have been sold, and some of them are being improved. Among the improvments spoken of on the streets is an office building on that fine lot near the Denmark Hotel. Some of the citizens are advocating the purchase of sufficient land in West Denmark for a city park. In this day of civic improvements every community should anticipate its need and growth by making provision for their beauty spots which have been so aptly termed the "lungsof a city." Parks have helped to make cities, contributing to their health, beauty and general desirability as residences. Denmark needs a restaurant, with Quick lunch counter, at the union station, where travelers passing through the city may be served. Those who stop any time are well provided for at the Denmark Hotel, but the late trains, after hotel meal <>?? Atrar mnnlH fnrnlah trnnH UUUIO aic nvuiu A ******* ? patronage for such an enterprise. There is some talk of the erection 'of an opera house in West Denmark, with stores on the railroad front. It is expected that with the removal of the water tank near the union station and the opening up and improvement of the streets near the station some very substantial improvements will follow. This is indicated by the purchase of several blocks of lots in that vicinity recently. v Among the recent improvements, conspicuous from the car windows, is the handsome home of Mr. C. R. Hooton, the manager of the Denmark telephone exchange. He is building on four lots corner of Cedar Avenue and Sixth street, in West Denmark. Opposite to him, across Cedar Avenue, Mr. Speed Ray will soon build. At the other end of the same block, fronting on Fifth street, Mr. J. W. Lancaster has purchased five beautiful lots. Messrs. H. W. Goolsby and C. A. Calhoun have each bought a block in Pine Avenue and Fourth street. They will be neighbors, having lots opposite each other on Fourth. It is said that these gentlemen contemplate building homes at an early day. Among those who are firm believers in the future of this city and in | "Denmark curt as an mvesiraeai are Messrs. Garris & Corbett, the big lumber dealers. They are said to have made some large purchases lately, and Mr. Garris, it is said, has secured one of the prettiest blocks in West Denmark for a residence site. At the request of several of the most influential and thriving of the colored citizens, about one'hundred and fifty lots at the Southern end of West Denmark have been reserved for their exclusive use. They are also investing liberally, and it goes without saying that as soon as a colored person becomes an owner of real estate he becomes a better citizen and a helper in good government and good laws and their enforcement. Denmark is a candidate for home purchasers and promoters of new enterprises, and points with pride to her record as a moral community, a city of churches and schools, and a bidder for business. HUSTLER. Want Mrs. Carson Pardoned. Columbia, November 12.?A petition was presented to Governor Ansel for the nardon of Mrs. Annie Car son, who is now serving a life sentence in the state penitentiary for the murder of her husband. The petition was presented by Horace Bomar, and the father of Mrs. Carson, W. C. Alverson, of Campobello. It has been just thirteen years ago to-day since the woman commenced serving her life sentence as the result of her crime to which she has confessed. She was charged, along with two white men, Green and Page, with having killed her husband. Green was first sentenced to hang but afterwards secured a new trial and was given a life sentence with Page and Mrs. Carson. The petition is largely signed and it is claimed that the woman has been sufficiently punished and that she had some provocation for the crime that caused the most sensational trial in that part of the state. No action has been taken yet by Governor Ansel. Mrs. J. M. Jennins has our thanks for some very fine turnips. IN THE PALMETTO STATE SOME OCCURRENCES OF VARIOUS KINDS IN SOUTH CAROLINA. State News Boiled Down for Quick Reading?Paragraphs About Men and Happenings. Governor Ansel has issued a proclamation fixing next Thursday, the 26th, as Thanksgiving Day. Congressman Geo. S. Legate, of Charleston, has gone to New Mexico for his health. He will be away some months. The Laurens dispensary election is legal, at least that is what the county board of . canvassers says about it. At their meeting last week AJttorney Sims, of Spartanburg, made a protest but the board decided against him. It is likely that the case will go to the State board. jonn vv. tiarriB, a prumiueui uiwizen of Greenville, died Monday of inries inflicted by a shifting engine of the C. & G. railroad Sunday afternoon. He was walking on the track, and failed to hear the engine whistle, as he was deaf. The injury which resulted in death was a fracture of the skull. A big banquet is to be given in Spartanburg on Friday evening of this week, to celebrate the building of the Carolina, Clinchfield & Ohio railroad. The chamber of commerce invited President-elect Taft to be present, but he wrote that the press of his engagements would prevent his accepting the invitation. The Bank of Rock Hill has been merged into the National Union Bank of that city. The reason given for the merger was that the president of the merged bank, Mr. R. T. Fewell, found that his duties interfered too much with his other interests, he being president of a cotton mill and head of a large lumber concern. Elmore Wright was tried in Spartanburg last week for the murder of A. G. Kirkendall. Kirkendall had been selling whiskey illegally, i-nd suspected^Wright of having informed on him, so he got a gun and took a shot at Wright, missing him. The next time they met Wright was armed and shot Kirkendall, killing him. Wright plead self-defence, but the jury could not agree on a verdict and a mistrial was ordered. The hunting season is on and the accdents have begun. Last Saturday afternoon near Spartanburg, Lloyd Johnson, the thirteen-year-old son of Waddy Johnson, accidentally shot and killed himself with a 22-calibre rifle. He was resting on the muzzle of the weapon, which was cocked, and it was accidentally discharged. The bullet penetrated the entire body, coming to the surface of the body under the left arm. The boy only lived a short while after being shot. Haas Commits Suicide. San Francisco, November 14.? Maurice Haas, who yesterday attempted, to assassinate .Francis J. Heney, to-night committed suicide by shooting himself through the middle of the forehead with a pistol he had concealed about his person. Haas went to bed at 8 o'clock at the county jail, and covered his face with a blanket. At 8:40 a shot was heard from his cell, and when the guards entered it was found that he had rolled out of his bed and was lying dead on the floor with a bullet hole in his forehead. A 41-caliber single-shot derringer was grasped in His hand. His left trouser leg was pulled up, and examination showed a mark on his leg where the weapon had rested while concealed in his shoe. Haas wore garters, with elastid sides, which made this possible. After he shot Heney yesterday, Haas was searched by Police Captain Duke, Detective Burns and a police officer. After he had been taken to the county jail he was searched again, but at neither time were his shoes examined. Haas went to bed last night with his shoes on and again tonight, and when asked why he did this, said that he would rather sleep with them on His wife called on him to-day, but officers were present during their interview, and they say she could not possibly have slipped the weapon to him. Flies a ureal r% uiBomc. House flies have been a great nuisance here recently. If council would move these cook shops/ off Main street, it would result in less flies, and those of us wlio have nice buildings and nice stocks of goods could keep them in condition. Under present conditions there is little encouragejnent for one to erect a nice building on lower Main street or to keep a nice line of goods, for the flies will will get things in bad condition. The Herald office uses wire screens for doors and windows, yet the constant opening of the doors allows some flies to get in, and on the outside of our front they have swarmed like bees recently. Move the cook shops, please, city fathers, and give us some relief. P . -N ..... DR. GREGORY ACQUITTED. . :M Roanoke Dentist Found Not Guilty of Attempted Criminal Assault. Roanoke, Va., November 17.?r * ^ "Not guilty" was^the jury's verdict this evening in the case of W. S. Gregory, a wealthy Roanoke dentist, who has been on trial for the past 10 days on a charge of attempted criminal assault upon Miss Theodora -1 U. Irvine, a teacher of expression of V?2 New York, while she was a chloroformed patient in his office here last summer. Miss Irvine testified that she emerged from the anaesthetic in Jgj time to positively identify Gregory as > her assailant. Gregory maintained that Miss Irvine was dreaming. Eminent physicians gave expert testimony to tha . . effect that hallucinations frequently follow the administration of anaes thesia. .'SiH Leslie M. Shaw, former secretary koooiit'v noma hftra and tottU ' as to Miss Irvine's character. The jury was out an hour and a half. Heney Recovering Rapidly. San Francisco, November 17.-? ^ Francis J. Heney is recovering with surprising rapidity from the bullet wound inflicted by Morris Haas, it is predicted that in a few weeks ^ he will be able to resume his prosecutions of the graft cases. There are no indications of blood poisoning. ?:|j ae was able to take liquid nourishment to-day. Proceedings of Court. When The Herald went to press \ last week the case against Albert i Curry, a negro, was being tried. Hi M was charged with marder, having shot and killed another negro named- )& Henry Orr. He was found guilty of .-|aj murder with recommendation #to mercy, and was sentenced to life imprisonment in the penitentiary. Elliott Jerry, the negro who w? H found guilty of burglary and larceny, >: 53 was sentenced to five years on the ^ | chain gang. .<: JflH Hamp Washington, the negro who / l|j was found guilty of manslaughter, jM his crime being the killing of Sam- ;J?|M Diggins at a negro hot supper near : V:S Denmark, was sentenced to ten years ff| in the penitentiary. The case of William Isaacs, charg- T ^ ed with assault and battery with Intent to-.kill and carrying concealed weapons, was nol prossed by the so* licitor. This was the row out In ^ Varnville a few weeks ago, in which Isaacs shot a negro named Bounce '; Mfa Miller. Cape Kearse was found guilty of manslaughter. He was sentenced to, serve three years on the chain gang. This finished the criminal cases* 44 and while not all the cases on the docket were tried, the jail was emp- 'i tied. The prisoners who received . sentences have been carried to the ; chain gang and penitentiary. Civil cases were taken up last Tnursday, and much of the time of/- V the court has been taken up in grant- v#jj5 ing orders, hearing appeals from -jil magistrates' courts, hearing motions, The case of Mrs. Emma J. Camp bell against tne Seaboard Air Line Railway, which was a suit /or $2,000 , damages for being put off the train at Go van instead of uenmark, resuited in a verdict for the plaintiff for 1,066.50. Mrs. Campbell is the eldest daughter of Mr. and Mrs. McCue, and she was on her way from Florida to visit her parents. She . '"'.3^1 with other passengers were put off the train at Govan instead of Den- ^8 mark. Motion for new trial was made, and it is likely that the case :::M will be appealed. Mr. J. F. Entz- ijfg minger, of Edgefield, was also in the party, and he entered suit at court &?|f8 here last year, receiving a verdict of $500, which was sustained on appeal by the State Supreme Court. * J. J. Fogle brought suit against ! the Southern Railway for damages on a car of melons. It seems that iur. Fogle wanted to ship the melons f. ^ and could not get a bill of lading for same. He brought suit for damages in the sum of $1,000, and the jury gave him $150.00. The case of Mrs. L. K. Mayfleld against the Southern Railway Co. is now being tried. This is a suit for damages for the burning of a ginnery at Lees, it being claimed that / the house was set by sparks from a ' railroad engine. The amount asked is $3,300, this being the difference between the value of the property '1 and the insurance collected. The case is being hotly contested. Court will consume all this weekf'^ , . Not near all cases on the calendar will be tried., It looks like Bamberg will ^ have to get a special term in order to clear the calendar.