Historical Newspapers of South Carolina

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was reared about eight miles from Branchville, in Colleton county. He i said Pearlstine was not a friend of his, but he had nothing against Pearlstine, only he didn't want him to bother him. He gave Pearlstine no cause to have feeling against him. ? Pearlstine came in his office a few months before the killing, he said, and cursed him, because he had written R. Pearlstine concerning a claim of long standing. "Pearlstine said I was writing him too much. I told him that I was not. He said, 'Do you mean to dispute my L word, if you do, I'll knock your teeth down your throat?' " He said he held a number of claims against the R. Pearlstine store. He ra thought Abe Pearlstine was manager of this store. The day before .the i killing, Jones said, he received a * small claim aeainst the firm and he mailed this claim of $37.50 or wrote R. Pearlstine of the claim, early the morning of the killing. This letter is was introduced in evidence and read ? to the jury, t Cursed Him. Jones said he went hack to the I postoffice about 9:30 on the morning of December 15 to get the Bowman pk mail. 'He saw Pearlstine in the postoffice reading a letter. He also saw J. W. Sheriff in the lobby; but didn't . . see any one else. Just as he got opposite Pearlstine, while going to his ? mail box, he saw Pearlstine looking at him piercingly. Jones said he stooped and looked in his mail box. I When he raised up, Pearlstine said, "Read this again, read this, dog." H Pearlstine then said, "Damn you, V take this," striking Jones. He said the blow was very severe and knocked him up against the wall in the corner of the lobby. He said this lick was over the eye, disclosing a scar to the jury, which he said was the result of the lick. Blood flowed Jjr profusely. Jones said he couldn't defend himself. After the the first lick, he said Pearlstine closed in on him and kept } on striking him in the corner, 12 or 15 times. He begged Pearlstine to stop, but he kept right on. Jones said he was holding his hands up trying to protect his face. Pearlstine knocked him nearly blind. Pearlstine said he was going to kill him and then he managed to jerk loose. (At this point of the examination Jones was moved to tears.) At this time the postmaster, came out and took |?| hold of Pearlstine. He jerked away from Pearlstine and the jerk placed him a little distance from them. r Struck no Blows. TT J * /n VvIawo Knf lie saia ue buuc& uu mwno, that Pearlstine's blows had reduced him almost to insensibility. He said the front door was closed. He walk . i ed a short distance in a blinded condition. He stopped to locate himself and turned to see where Pearlstine HI was. He said Pearlstine was at a close distance, three or four feet, looking at him, bent his fist, said : - "with an oath, "I am going to kill you." Then he fired one shot at Pearlstine. Just as he fired the pis4 tol he walked out of the office. He said his hat was knocked off and that Pearlstine was walking toward him v when he fired. tThe shooting took place - very quickly after the separation. Expected Trouble. He said he shot Pearlstine to save his life. Jones said he didn't hear any conversation between the postmaster, Byrd, and Pearlstine and that he was carrying a pistol in protection of himself, as he expected trouble from Pearlstine. He said he went to his place of business after the shooting. He testified that his health was ? v very bad. Jones tol'd of the claim that he received payment of from Pearlstine and that the money had been remitt ted to the proper parties and that the sending out of this same claim again to Pearlstine was no fault of his. Jones introduced his check stub and also the check recording the claim's payment to its owners. This claim misunderstanding was the result of a mistake and the prosecution . ackowledged it as such. Jones said 4 that all the claims he held against the Pearlstines had been settled except one. He said the pistol that he ? had found at the court house in Barnwell, and that at that time it was in the same shield and that the shield was cut around the trigger and at the end as it is now. He ^ said he didn't know Pearlstine was in the postoffice when he went in and wouldn't have gone in if he had known it. Rebuttal. The State in reply, placed P. C. Dukes on the witness stand, who tes-, tified to the good reputation for peace and quiet of both Pearlstine and T^noc On thp eross-examination he %J VliVU. > M V?V said he knew of Pearlstine being in a few difficulties. Thomas L. Pearlstine, of Allendale, a brother of Abe Pearlstine, testified as to the claims against the R. Pearlstine company and as to letters re? ceived from Jones in this connection. W. A. Dukes and Dr. B. X. Minus ' testified as to the good reputation of Pearlstine. Pink Thompson was the last wit^ ness in the case and he denied telling V . " . ' S* r- , . yV -r T. E. Fairey that Pearlstine got him to beat Jones; that Pearlstine had never told him anything about Jones and that he had never had a conversation with Fairey in this respect Argument. Judge Memminger stated that he wouid not limit counsel in their addresses, but they could use their discretion. Counsel agreed to three arguments on each side. T. M. Raysor opened for the State and made a passive plea for conviction, stating that there was no self defense proved in the case according to the law of selfdefense. Solicitor P. T. Hildebrand and A Ham H Mnea alsn adrirpased the jury at length, asking for Jones's conviction. Judge C. P. Brunson, Col. D. O. Herbert and William C. Wolfe made strong arguments for Jones's acquittal. The arguments were begun about 12 noon and were concluded at 7 o'clock to-night. The lawyers in the case put up earnest and diligent fights and the case has been an interesting one. At the conclusion of the arguments of counsel, Judge Memminger had the jury sent to their room for supper. At 8 o'clock Judge Memminger charged the jury. The defense offered several requests to charge, while the counsel for the State only asked that the general law be propounded. The charge of Judge Memminger was clear and forcible and tne principles of the law on the case were presented to the jury with much simplicity and decision. The jury retired to their room for deliberation, and in an hour brought in a verdict of guilty. Orangeburg, Jan. 14.?John J. Jones was sentenced to-day at 2:15 p. m. by Judge Memminger to serve ten years and one month in the penitentiary at such hard labor as he may be able to perform, for the killing of Abe Pearlstine at Branchville on December 15. The court room was crowded when the sentence. was passed. This morning counsel were heard in arguments before Judge Memmingre for a new trial in the case. Col. D. O. Herbert and William C. Wolfe argued in favor of the motion and tried to show why a new trial should be granted. The main point argued for the new trial was centered on the incompetency of a juror, A. E. Rutland. It was argued that this juror was past tlie age limit of jurors in this State and was not properly registered, thereby being disqualified as a juror. It was stated that' Mr. Rutland resided in Liberty township of this county and was registered in Willow township. Judge Memminger, in reply to this point offered by the counsel for Jones, said that the juror, if past the age limit of jurors, should have been objected to when presented and that' it had not been proved to him that the juror was not properly registered. This argument was overruled: The counsel for Jones ' * * 1 11 were asKea oy juage fliemmiuger u they desired to argue any other point in regard to obtaining a new trial, which received a negative reply. Solicitor P. T. Hildebrand and T. M. Raysor opposed the motion for a new trial. / Prisoner Stands Up. Judge Memminger commanded John J. Jones to stand up and receive the sentence of the court. The judge said he did not' intend lecturing him, but would make a fewr remarks. He said it was the first time he ever had to sentence a member of the South Carolina bar, but that he gave Jones a fair and impartial trial. Jones replied at this stage of the judge's talk, "I will never forget you, judge, for the opportunity you gave me to clear myself before the people of the State of South Carolina concerning that " HTVi o intimatpH that hp Vliwn. X XX t J UUfjV Ultiiuuvvu *-v thought that Jones would fight the law in the matter of appealing to the supreme court, but Jones replied that he didn't know that he would do that. Congratulated Him. Judge Memminger said that' the case was close to the border line of murder and manslaughter. He told Jones that his plea of self-defense failed on lack of necessity and that he made a fortunate escape when he was convicted of manslaughter. He said that he would have to deter others, through Jones's'punishment, from going around with pistols and shooting people. He said that Jones evidently had enemies at Branchville and the thing he should have done, as there were two things for him to do?he should have gone to another community or have fought the matter out in law, and not go around armed to fight it out with physical force and violence. That was certainly wrong. The Sentence. "The sentence of the court," said Judge Memminger, "is that you, John J. Jones, be confined in the State penitentiary for a period of ten years and one month at such hard labor as you may be able to perform." The judge stated, however, that in later years if living, he might recommend to the governor clemency in this case and ask that the sentence be commuted to some extent. The sentence of the judge made it impossible for the counsel for Jones to obtain bail for their client before ' * . ' - ANOTHER DIVORCE. Wife No. 4 Enters Suit Against Actor for Separation. St. Louis, Jan. 11.?Attentions alleged to have been paid chorus girls by Nat C. Goodwin, during an engagement at St. Louis in the summer of 1909 will form the basis of a divorce suit by his former wife, Edna Goodrich, according to deposition* taken. Several witnesses have already * a i r Deen exainiueu utJiurt? a uutai^y. j<?;h Harris drove Goodwin and several chorus girls through Forest Park all of one night. Walter Price, a waiter, testified that he served drinks to Goodwin and chorus girls after shows. Pruning Fruit Trees. Now is the time to begin work to get fruit trees is good condition for their work the coming season and pruning should be the first operation. Before attempting this work tho chnnld knfiu' what to do and how to accomplish the object sought. The main objects of pruning are to thin out superfluous growth, make the- tree symmetrical, to rejuvenate old trees, to thin the fruit and. to protect the trees from diseases and insects. In pruning we should always aim to secure a low open head to admit a free circulation of air and abundant sunlight. Remove all broken and dead branches, thin ' out where growth is too thick, and remove all water sprouts. To form a symmetrical tree it is best to begin at planting time as soon as branches are formed. Select the three branches which are to form the frame work of the tree so that they are evenly distributed up and down and around the trunk. Avoid having branches coming out opposite each other on the trunk, for this makes a point of weakness. After Al? J?? ? - A a pif?A if ia me iree is cuusmci a.ui^ h > >-> harder to give symmetry to it, but by judicious pruning the tree can be balanced up by removing branches where there are too many on one si'de and encourage branches on the other side. By removing the older portions or cutting out a portion of the branches we stimulate growth in the remaining portion, and thus rejuvenate the tree. Where large branches are removed the cut should be made near the branch that is left in order that the wound will heal rapidly. To prevent splitting or tearing of the bark cut part way through the branch from the lower side and then ? * ? A? ~ ? i- ?x saw irom me iup a auuri uisuiuce iu front of the under cut. Then cut off the stub as smooth as possible, sawing clear through from the top. Large wounds should be covered with a coat of thick lead paint or coal tar to keep out water and disease germs. To thin fruit of apple or pear cut off some of the fruit spurs. Always remove the old spurs and those on the inside of the tree and on the trunk and larger branches. To thin peaches cut off from one-third to one-half of the length of new wood and remove some of the branches W I1CX u 111CJ ai^ VI \J W UCU X VOrVU VUUtJ are found on the sides of the past season's growth. By removing all decayed fruit and decaying or dead wood we remove the source of infection in many cases. The Pear Blight of apple or pear is kept in check by cutting off and destroying the affected parts. As the disease enters the blossoms on the fruit spurs these spurs should be removed from the trunk and large branches, because the latter would soon be diseased and could not be removed without serious injury to the tree. The pruning implements should be disinfected after cutting off a diseased branch. This can be j done by passing through a flame or dipping in a solution of carbolic acid 1 or corrosive sublimate. H. C. THOMPSON, ! Associate Professor of Horticulture. 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, U. 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 all 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 surface of the system. Testimonials sent free. Price 75 cents per bottle. Sold by all druggists. Take Hall's Family Pills for constipation. him or any other one judge, and they will have to appear before the four supreme court justices and obtain their consent before bail will be granted. Although it has not been announced by counsel for the defense, it is very probable that an appeal will be taken to the supreme court. Arrangements will be made to obtain bail as soon as possible. Bail will likely be sought before the supreme court on Monday. Jones is now in jail. ' 4:r.: - / 5;; ;7 OPENING OF EDISTO POSSIBLE. Board of Engineers Reconsiders Its Decision. Orangeburg, Jan. 11.?W. L. Glover, chairman of the Orangeburg committee that has been working very earnestly for the opening of the Edisto river to navigation, received a telegram from Congressman A. F. Lever to the effect that the board of engineers of rivers and harbors had reconsidered and made a favorable report to congress to appropriate money enough to survey the Edisto river, with a view to opening it to navigation. The news has been gladly received in this city and the people here are confident that when the survey is made, there will be no trouble in showing the feasibility of the project and that the river will be opened to navigation. The Orangeburg committee that recently went to Washington to appear before the board of engineers now feel that their trip was not made in vain and are happy over the report of the board. Will Close Business. Barnwell, Jan. 13.?At a meeting of the directors of the Easterling-Patterson company held at its offices yesterday, it was decided to discontinue the business. The discontinuance is because John M'. Easterling, the manager, has decided to devote his time to his extensive farming interests. Under Mr. Easterling's management the concern enjoyed the distinction of being one of the county's 1a Aof nt?AonOT*Allo Vl All OOC iai 5^01 auu 111 VOL Notwithstanding the fact that the payment of 100 per cent, annual dividend was ordered paid to the stockholders, a large sum is to be carried to the surplus and undivided profits. The company will inaugurate a large sale at an early date. The officers of the company are: J. O. Patterson, president; B. L. Easterling, vice-president; J. M. Easterling, secretary-treasurer and manager. Jumps the Game. Concord. N. C.. Jan. 9.?Leaving behind him a bankrupt business and a family, Jno. L. Miller, a prominent merchant and politician, has disappeared completely, leaving no trail save for a telegram received to-day by his wife from New Orleans with the statement that he was leaving for the west and would never return. His 17-year-old son, Lester, is with him. Miller left here several days ago with the statement that he was A _ _ 1 1^1 ? going to JNewoerry, s. tj., to pmce ma son in college. There was no suspicion of business entanglements until his telegram to-day led to an investigation bringing about the disclosures. Miller was chairman of the Democratic executive committee, chief of the fire department and assignee for several bankrupt concerns in which he has made no accounting. His creditors will receive practically nothing. Boy Shoots Small Negress. Barnwell, January 14.?Charlie Brown, Jr., aged about 12 years, the son of Charlie Brown of this place, shot and perhaps fatally wounded a little negro girl, the daughter of Jim Holman, to-day with a parlor rifie. A negro boy had cursed young Brown and to scare him Charlie fired his rifle. The bullet missed the boy and hit the negro girl in the stomach. Medical attention was given me wounded gi>rl immediately, but very little hope is held out for her recovery. Kill More Than Wild Beasts. The number of people killed yearly by wild beasts don't approach the vast number killed by disease germs. No life is safe from their attacks. They're in air, water, dust, even food. But grand protection is afforded by Electric Bitters, which destroy and expel these deadly disease germs from the system. That's why chills, fever and ague, all malarial and many blood diseases yield promptly to this wonderful blood purifier. Try them a,nd enjoy the glorious health and new strength they'll give you. Money back, if not satisfied. Only 50c. at Peoples Drug Co., Bamberg, S. C. Won't Leave Cavalry. St. Paul, Minn., Jan. 12.?Sidney Fry, corporal in Troop H, Fourth cavalry, Fort Snelling, Minn., with a record of 20 years' service in the army, has inherited $37,000 from the estate of an uncle in England and is wealthier than most omcers under whom he serves. "I'll stick to the army until I am retired on half pay," said Fry to-day. "Then I guess I'll go back to England." Fell Through Window. Henry Zeigler, of Bamberg, slipped and fell with a crash through the plate glass window of McGregor'3 drug store yesterday morning. Mr. Zeigler had a narrow escape from serious injury. He received a slight cut on the hand, but was otherwise undamaged by. the rain of falling glass.?Columbia State. SK'v'< ' ?<'.". *-x t,"\- ' v / WAN! Four District and Six Special ness for The Southeastern Li of Greenville, S. C., in Richh ton, Calhoun, Orangeburg, Aiken, Edgefield, Saluda, N York counties. Fine opportunities [for got eastern nas written more i ever before in the Five Suo history and our statement s show a net gain of $1,000,0(1 present year. Our agents ai where. Do not put it off bui ticulars. Address with refei McCAIN & PARHAM, Don t Fh @ 2?k When you need groceries, rei moved higher up the street, o] ing Company, where we are can complete line of Staple and Fa very particular as to our stock, /K pend on getting the very best of /K us* We will use every effort tc 3s date at least a part of your tr a you want groceries and you wiJ ^ livery. We are grateful for the 1 )g( and hope to serve you to a gi IE. L PRICE,, ? BAMBERG, I THE MAN IS I Who spends all of his income. To be must nave suiue ujuiic/ uuu up, m ui That is not all?the opportunity e 9 accomplish very little without ready I easy reach. Always just at the righl I is the best friend you can possibly 1 I - Sympathy, good wishes, good frie I things to have. We all realize that 1 1 friend that never fails is the "Hard I When placed in our bank it. is eve I 4 Per Cent. Interest Paid o I PEOPLES BANE - - | ? " I EHRHARDT BANKI Ehrhardt, 8 At the close of a very satisfactorj our depositors and friends our full a and influence Every effort we have made during and properly those carrying accounts With our surplus increased and e1 more fully prepared than ever to hai Every consideration will be given si To a continuance of our very pie i ward and assure you of our sincere that may come to us through your ii Wishing you a happy and prosperc Yours truly I "He to a prosperous farmer. I Telephone Enhance SI | A telephone on t | means convenience an< 1 user, but it adds value t ! enable you to sell your ] vantage. Telephone se ; can be had at very low c I Write for our free b< Farmers Line Departo SOUTHERN BELL TELJ & TELEGRAPH COl irfi South Pryor St., Atlau ' rED! 1 I Agents to solicit busife Insurance Company II ind, Fairfield, LexingBamberg, Barnwell, ewberry, Chester and I )d men. The Southbusiness in 1910 than cessful Years of its oon to be issued will 10.00 business for the "e making good every- II 1 t write to-aay for par- I rence. General Agents I , :raper, C. 'umbia, S. W 1 I ger us nember us. We have A pposite Bamberg BankTing a larger and more ncy Groceries. We are A and yon can always de- A good things to eat from X v|->y > please and will appre- , X ade. Ring us up when A }: ^M 1 find us prompt in de- Q neater extent this year. JR., & CO., 111 A SLA VEI a man, a free American, yon I der to tide over a disaster. I tide is a big thing. Yon can I money. Yon will need it in 1 t time it comes in handy. It I nds and good neighbors are I we cannot live alone; hut the I sr ready, ever safe. I . n Savings Deposits. I HomWff .Q f! | . , NO COMPANY.''lS r year we wish to express to I ppreciation of their business j 5 the year to serve promptly I pery possible facility, we are I ^ """a ?'l (rivon trt nc H ilUIC au UU3JI1V r?o ^AVV/U w Mat h , mall as well as large accounts I asant relations we look far- I appreciation of all business lfluence. I >us New Year, we are, 1 a||hH Ijj. CX)PELAND, M. T^res^M ' le Land Jj he Farm not only i comfort for the 1 o the land and will i land to a better ad- ; rvice on the Farm ooklet. Address ||