The Bamberg herald. (Bamberg, S.C.) 1891-1972, March 09, 1911, Page 7, Image 7
I ,
fflVEN FIVE YEARS ON WN?
mmmm?mmrn
POPE B. HAYIRD POUND GUILTY
BY SALUDA JURY.
Judge Sease in Pronouncing Sentence
j Told Havird Things He W ill
Not Soon Forget.
Saluda, March 2.?Pope B. Havird
found guilty on the charge of assault
and battery of a high and aggravated
nature this morning and
wag sentenced to five years on the
county chaingang without any alter
native of a fine.
In passing sentence Judge Sease
delivered such a lecture as has never
? ' been heard in the court room at Saluda.
It was calmly done and the impression
made will be lasting.
Havird, who was convicted on the
charge of trying to ride down and
of otherwise maltreating Miss Carrie
I Mitchell, a young woman school
teacher of his community some 30
days ago because she had whipped
one of his children in school, was told
that he might be sure his sins would
sooner or later find him out and that
i the heavy hand of the law would arrest
him in his wayward career.
"I do not believe," said Judge
I Sease, "that all is good in any man
nor do I believe that all is bad in
any man. Many, however, succeed in
exalting the good and suppressing
the bad. Some allaw the bad to predominate.
* Influenced by Passion.
"The testimony in this case shows
I that you allowed your passion to be
aroused, that you took your shotgun
and your wife in your buggy and endeavored
to ride down this young
lady because she had corrected one
of your children in school. Other
matters which have come out in this
court room show that you have been
accustomed to try to take the law
' V into your own hands and wreak
vengeance upon those whom you
thought had wronged you. In passing
sentence I shall have to pass one
v'. whose punishment will be commen|fc
surate with the charge. I can not
* make the sentence a light one. It
| must be severe. You have had as
fair and as impartial a trial as could
be given any man. It is a notable
fact that out of the 20-odd jurors
sworn only one said he had formed
BSfe? an opinion, of your guilt."
Judge Sease stated that while he
pgr would not suspend any part of the
Si hnnp waja hold nnt tf>
p, Mr. Havird that there would probably
be a chance for him at some
? time to be paroled by the governor,
stating that he thought such a pro;
vision in the law a wise one as it
| would give a ifcan an opportunity to
L reform and to make a better citizen,
gy; "I shall endeavor to do what I can,"
! said Judge Sease, "to assist you in
making a better citizen." This was
said in connection with the idea of
If . an eventual parole at the hands of
I the governor.
The motion for a new trial was
overruled. Notice of intention to ap
? peal was given and bail was allowed
K in the sum of $2,000. Bond has not
Ijryet been made.
No Change of Venue.
Failing to obtain a change of
|k . venue and the motion of defendant's
counsel for a continuance of the case
fel beyond this term of the court being
overruled, the trial was begun yesp
terday afternoon and when the court
p*\ adjourned last night practically all
Hi- the testimony was in.
Havird, it will be recalled, as published
in the daily press at the time,
was arrested the latter part of January
past charged with overtaking
Miss Carrie Mitchell, the young lady
school teacher in the community,
(and endeavoring to drive his mule
over her and cursing her because
the Havird children reported that
Miss Mitchell had whipped one of
' them that afternoon.
True Bill.
* Monday when the grand jury returned
a true bill the attorney for
the defendant gave notice of a motion
for a change of venue on the
ground that Havird could not obtain
a fair and impartial trial in Sa^
" luda county. Under the ruling of the
court the defense was allowed until
Wednesday morning to make their
showing. When court convened yesterday
morning there was a packed
court room and throughout the day
every available space was occupied.
There was no semblance or evidence
of any animosity against the de
fendant and the sea of faces exhibit
ited nothing beyond a curious interest
in the proceedings. Patiently
Judge Sease allowed the examination
of witness after witness by the at;
torney for the defendant and of the
more than three dozen sworn only
one beside the defendant himself,
would say a fair trial could not be
had. All the rest were positive a
R fair trial could be had.
When the morning session had
' V been taken up with the examination
of witnesses on this issue Judge
Sease promptly refused the motion.
. The next move of the defense was
for a continuance of the case beyond
the term. This was disallowed.
r
h
*r'' ^ ; A
vVvX'
SHOT BY NEGRO.
Young Farmer Painfully but Not Seriously
Wounded.
Newberry, March. 1.?Richard
Burton, son of James A. Burton, of
Newberry, was badly wounded with
a shotgun at the home of Burton
Neels, eight miles west of Newberry,
this afternoon by Hiram Cleland, a
young negro man.
Shot in Both Legs.
Mr. Burton was shot in both legs
from the knee to the foot and his
horse, by which he was standing, was
eoriniiol v runn on A will T\rrthfthlv
OV4 4VUv?iJ TTVUUUVU QUU TT AAA y*
die. The horse standing between the!
negro and Burton probably saved the
latter's life as it protected his body.
Mr. Burton was attended by Dr. W.
D. Senn, who extracted 24 shot,
dressed the wounds and sent him to
his father's home in Newberry. The
wounds though vpry painful are not
thought to be serious. I
Shot Three Times.
\
Details are meagre but it is said
the two men had been quarrelling
and that Mr. Burton had a pistol
wTith which he shot once but it failed
to fire after that. The negro emptied
both barrels of his gun, then reloaded
and fired the third time.
Mr. Burton is about 25 years old
and is a farmer.
The negro ran off and the offiecrs
are after him.
Argue for Parcels Post.
Nashville, Tenn., March 1.?Arguments
favoring the parcels post were
made at the second day's session of
the parcels post convention to-day by
John Sharp Williams, senator-elect
from Mississippi, and others.
Mr. Williams, however, denounced
as absurd certain proposed legislation
with what is commonly termed
the uniform rate charges, but said
that he was in favor of parcels post
of the proper kind, and advised the
convention to take a stand in favor
of general parcels post legislation,
the charges to be based on the distance
by which the article is sent and
the services rendered. He predicted ,
that the system would come. i
The convention appointed a committee
on investigation.
To Take Pauper's Oath.
Atlanta, March 2.?Benjamin D.
Green who, with John D. Gaynor,
has just completed a sentence in the
United States prison here for defrauding
the government in connection
with harbor improvements at
Savannah, Ga., to-day filed application
for permission to take the pauper's
oath with Judge Walter Col- [
quit, united states commissioner, jsl
hearing on the petition was set for
March 7.
In addition to their prison terms,
Greene and Gaynor were sentenced
to pay a fine of $575,000. Both men,
it is said are practically penniless
and to escape this fine and secure
their liberty it is necessary for each
to subscribe to the pauper's oath.
Gaynor is expected to file a similar
petition within a few days.
Branchville in Darkness.
The Branchville Journal says
Branchville has been without electric
lights all this week and will be so
several days yet. About 11 o'clock
Saturday night the engine that drives
the dynamo blew up and scattered
pieces all over the town, demolishing
a large part of the engine. As soon
as possible the plant will again be
put in operation. Until that time
the custom firs will have to be eon
tent with what light can be gotten
from the Standard Oil company's
product.
Miss Mitchell on Stand.
Miss Mitchell was the first witness
for the State. She told of whipping
the Havird boy and of how the defendant
with his wife tried to drive
his mule over her as she was on her
way home after school and how although
she jumped out of the road
the mule was reined in the direction
she went, and how the animal's head
struck her after she had gotten out
of the road. She likewise related how
Mrs. Havird abused her and struck
her with a stick and told of Havird's
ordering her to stop as he dashed up
saying, "I have you now."
Miss Mitchell's statement was corroborated
practically in detail by
Miss Etheridge, a bright 15-year-old
girl, who was along and also by Willie
Harmon.
Struck the Girl.
The defendant's wife admitted that
they had a gun in the buggy. She
admitted she struck Miss Mitchell.
Both the defendant and his wife denied
that they tried to drive over
Miss Mitchell. Havird's wife denied
that her husband cursed any and
the defendant himself at first denied
it, but finally admitted that the Harmon
boy's version of he said
was about correct.
Miss Mitchell is quite young and is
an orphan. Both her parents died
when she was very small. She attended
school at Leesville where she
graduated last year. She made an
extremely good witness.
" ... * 4 v
CONFLICTING MAGISTRATES.
Two Men Holding One Office in
Spartanburg.
Spartanburg, March 1.?Asserting
that he is a legal magistrate, although
his appointment has not been
confirmed by the senate in accordance
with the law, J. Malcolm Bowden,
who was named by Gov. Blease
to succeed Maj. Augustus H. Kirby,
to-day opened up an office and proceeded
to do business. He executed
aevpral imDortant DaDers and re
ceived notice from the city attorney,
Samuel J. Nicholls, that a motion
would be made before him for a
new trial in the suit of Dr. Walter
Sorrell, milk and meat inspector,
against the city for his salary.
This suit was determined in Dr.
Sorrell'8 favor before Magistrate
Kirby on Tuesday.
Refusing to recognize Mr. Bowden's
authority, Magistrate Kirby
continued to perform the duties of
his office. He presided over two
hearings, discharging a man who
was accused of violating the dispensary
law and binding over to the
court Carl Haynes, the 8-year-old
boy who some time ago shot Lois
Wright, a little playmate, at Drayton
mills.
Maj. Kirby has trials set for every
to-day and they told him to hold on
to his office as he was the lawful
magistrate.
Other attorneys, however, think
that Mr. Bowden is entitled to serve,
at least until the senate has an opi
^ ^ Vi in n r\rv/\irj + mar>f
pui lUiiiLy tu pass vix uis appuiuiui^ut.
Maj Kirby has trial set for every
day of this week and part of next
week, and said he intended to try
them.
Litigants are in a dilemma, not
knowing to which magistrate to take
their causes and fearing that the one
selected may later be disqualified
and his decisions accordingly nullified.
To Go Before Governor.
The Columbia correspondent of the
Augusta Chronicle says there is another
case that will soon come before
the governor. The case is that of
John J. Jones, the Branchville attorney,
convicted of killing Abe
Pearlstine and sentenced to 10 years
and 30 days in the State penitentiary.
It has been stated that a petition
will be filed with Gov. Blease by citizens
of Colleton county for the pardon
of Jones. He is at the State penitentiary
awaiting developments; His
attorneys have stated that an appeal
would be filed with the supreme
court. The status of this case is
about the same as that of John Black.
The attorneys in the Black case had
given notice of appeal, but the case
had never been filed for a hearing.
* m ?
May Get Pay for Cotton.
Washington, March 2.?Thousands
of neonle in the Southern States he
ing paid for cotton, seized at the end
of the war by the federal government,
is, after a quarter of a century
of earnest work against discouraging
odds, within the hope of
things obtainable. The friends in
congress of the claimants of cotton
seized by the federal government under
the "captured and abandoned
property act," when hostilities had
ceased, are in the nearest way to
accomplishing the long delayed act
of restitution that has ever been approached.
Time after time a committee of one
house or the other of congress has
reported favorably on these claims,
only to be blocked by the other
house. Now it appears that the two
houses are agreed that it is time that
this money should be restored to its
rightful owners. To-day the con
_ * At. ? A. 1 _ a At_ -
ierees 01 cue cwo nouses or tne
committees on revision of the laws
agreed upon the Bartlett amendment
to consolidate the acts respecting
war claims, so that the proceeds of
cotton seized under the "captured
and abandoned property act," now in
the treasury as a trust fund, might
be restored to those who submitted
their claims to the court of claims,
wtfth proper evidence, without being
required to prove loyalty. The fund
amounts to $4,886,671, of which
South Carolina claims are $422,547.
Robberies Net $50,000.
Daytona, Fla., March 2.?A series
of robberies, culminating with the
burglary of the home of Mrs. Roger
Whinfield at Sea Breeze last night, is
estimated to have netted a gang of
burglars more than $50,000 in gems
and other jewelry. According to the
report of Mrs. Whinfield, jewelry valued
at $25,000 was secured from her
home, including a pearl brooch and
two diamond pendants worth $10,000.
The robbery followed the burglarizing
of the homes of E. H. Hotchkis
here and J. D. Price at Ormond.
Thp rpnnrt tr? thp nnlipp shnws thnt
at each place jewels valued at $15,000
were taken.
All the houses, were entered in
the same manner, through unlocked
upper windows and the robberies are
believed to be the work of the same
gang. There are no clues to the
burglars.
c:-fi ; py:
LAW STRIKES AT LAST.
Danville Police Chief Exposed as Escaped
Convict.
Danville, Va., March 2.?Thomas
Edgar Stribling, who for five years
has been chief of police of Danville,
was arrested this afternoon as an
escaped murderer from the Hamilton,
Harris county, Ga., prison. In 1897
he was tried for murder, convicted
and sentenced to life imprisonment.
TT ?. nnnnnnJ nAniltniT n for O I
nc CDuayni (jcuuiug a uivbivrix iui u
new trial.
Stribling coolly and promptly confessed
when the requisition papers
were read to him. He will be taken
back to-night. Since he escaped ,
Stribling was married. He is the
father of 10 children.
Created Sensation.
The arrest and exposure of the
chief of police was made this afternoon
by J. W. Smith, secret service
agent, and W. W. Boisseau, deputy
city sergeant, and created a widespread
sensation.
For the past six years Stribling has
been living here, no one for a moment
suspecting his identity. Efforts were
made a number of times to trace up
some shady spot in his past life in
criminal trials, but not an inkling of
his prison career was brought out.
He was first employed as night watchman
for the Southern Express company.
About five years ago he was
elected as a patrolman on the Danville
police force and after serving
about six months was advanced to
chief. .
Cool and Fearless.
His advancement was due in a
great measure to his cool nerve and
fearlessness, though he was criticised
severely for his almost uncontrollable
temper. The election of a chief of
police for another term of two years
was to have been held to-morrow
night and it was generally thought
that the incumbent would be chpsen
to succeed himself, although he wasj
bitterly opposed by Police Sergeant
Bell.
Stribling in his official capacity
had many influential friends and during
his residence here had never
been charged with any offense other
than those resulting from outbursts
of temper.
Escaped From Prison.
Stribling shot and killed William
Cornell in Georgia and was being
held in prison pending a motion for
a new trial. His brother-in-law, who
!
was implicated in the killing, was
given a long term, but was pardoned.
After his escape from prison Stribling
was joined by his wife and children.
He was allowed nearly two hours
to-night to bid his family farewell at
his home, but did not break down,
even for a moment.
The prisoner was taken to Georgia
to-night. Before leaving he said he
killed Cornell for a criminal assault
upon his sister. Stribling hopes to
secure a pardon.
Dog Rescued 163 Lives. *
Sir Edward Morris, prime minister
of Newfoundland, tells in the
February Wide World Magazine a remarkable
story of heroism on the
part of a Newfoundland fisherman.
The name of this man was George
Harvey, ana ne resiaea m a iow,
rocky island, a few miles east of
Cape Ray.
In those days the emigrant ships
to Canada were crowded with passengers.
In the autumn of 1832 the
brig Despatch, bound to Quebec with
163 souls, in a gale of wind struck a
rock about three miles from 'Harvey's
home. He heard the signals of
distress and immediately launched
his boat, with his boy of 12, his girl
of 17 and his dog and tried to get
out to the wreck. On the deck of the
doomed ship were crowded the crew
and passengers, in imminent peril of
their lives. A terrible sea raged between
his boat and the wrecked ship,
but across that awful waste of water
the gallant fisherman and his brave
children urged their frail skiff. To
get close to the stranded ship was
to court instant destruction and the
task of saving those on board seemed
well-night hopeless, but Harvey's
dog, deep diver, bold swimmer, with
marvelous intelligence, seemed to understand
what was required of him
and at a signal from his master
nnvnnn. /Mtf ftf fVl/% VinOt anH owam
| DplOlig V/Ut Ui tile uvat uuu ?*?% **?
toward the ship. The seas overwhelmed
him and drove him back,
but he persevered and finally came
near enough. The sailors threw
him a rope, which he gripped with
his sharp teeth and at. last he got
back to his master and was drawn
into the boat almost dead from exhaustion.
Communication was now
established between the ship and
Harvey's skiff, and with the most laborious
efforts every soul was saved.
The dog's owner was presented a gold
medal from King William IV.
An Irishman being asked on a late
trial for a certificate of his marriage,
exhibited a huge scar on his head,
which looked as though it mignt nave
been made with a hot shovel. "The
i evidence;" said the judge, "is quite
satisfactory."
\ ' " , il'J '1-+ * ? -J* w ' s?>- /.
I ?^^^^(Prkkly
IjU Prompt
H Its beneficial
I H m B fects are ustu
felt very quic
Makes rich, red, j
system?clears the brain?s
A positive specific for B
8 ( Drives out Rheumatism as
I is a wonderful tonic and bod
I F. V. UPPMAN,
I f\ w rvm t>n !
V. J. UELIk
CARMAfiE WORKS
When in need of anything in
my line, don't forget the place,
No. 24 Main street, Bamberg,
S. C., in front of the cotton mill.
We run a .first-class repair
and wheel wright shop, build
one and two-horse wagons, sewing
machine and delivery wagons,
log carts, and any special
wagon; paint baggies and automobiles
in factory style.
We are agent for the Deer- 1
ing harvesting machinery, disc
harrows, compost spreaders,
gasoline engines, etc.
We carry a stock of the best
grain drills on the market.
Call and see ns before you buy.
Anything sent us will have the
same attention as if you were
to bring it yourself.
D. J. DELK
BAMBERG,. ..... S. C.
J. F. Carter B. D. Carter
CARTER & CARTER
Attorneys-at-Law
Bamberg, S. C.
Special attention given to settlement
of estates and investigation
of land titles.
Shoe & Harness Repairing
I have moved my shop to my new
building in rear of Johnson's Hotel,
by the passenger depot, where I am
read to serve you with all kinds of
harness and repairing, as well as new
v. ork in the harness line. Give me a
trial.
HEYWOOD JOHNSON
BAMBERG. S. C.
It's Easy to
tjiopidiii
JBR/ 7 TAKE ONE
mV THESE
I / / LITTLE
* ' J TABLETS
and the
-^r pain
is cone.
"I use Dr. Miles' Anti-Pain
Pills for Neuralgia, LaGrippe
and all pains. I don't intend
to be without them, for I find
ready relief in them for every
thing I use them for."
MRS. L. F. MILLER,
120 W. 6th St., Davenport, la.
All Pain
"In my family Dr. Miles'
Anti-Pain Pills are used for
headache, colic and other
pains, and always give relief
at on M
THOS. R. FOWLER
R. D. No. 3, Dunn. N. C.
Sold by drugs 1st* everywhere, who
are authorized to return price of first
package if they fail to benefit.
MILES MEDICAL CO., Elkhart, Ind.
'Improved Saw Mills.
VARIABLE FRICTION FEED. *nd*ReiiabIe.tej j
Best material and workmanship, light
running, requires little power; simple,
easy to -andle. Are made in several
sizes and are good, substantial moneymaking
machines down to the smallest
size. Write for catalog showing En4
gines, Boilers and all Saw Mill supplies.
Lombard Iron Works A Supply Co.,
AUCUtTA. OA. *
I ^
Ash, Poke Root and Potassium)' I
Powerful / Permanent I |;fff
ef- Stubborn cases Good results are B
illy yield to P. P. P. lasting?it cures
kly when other medi- you to stay cured
cines are useless
. P. P. |1
mre blood?cleanses the entire B
strengthens digestion and nerves. B
lood Poison and skin diseases. H ' ;V
d Stops the Pain; ends Malaria; B
iy-builder. Thousands endorse it. B
SAVANNAH, GA. R ' i|l
I
BANDAGrES |
Every home should have a roll or >
two of our surgical bandage. ?The ^pBp
use of worn out linen, etc., that has
been washed, while clean, is highly ^
dangerous as there is very liable to %
be some dirt or dangerous germs //'J
larking in it. ;.:v I
Our surgical bandage is sterilized,' '
antiseptic and specially prepared for ,
the binding of wounds, cuts, buTna, || vg
Its cost is so small and its uss >|^?
really so necessary that to be
out it is indeed not good economy.
We have surgical bandage in prae>
tically all sizes.
HOOVER'S DRUG STORE' mtM
The Nyal Store. Ml
BAMBERG, S. O.
mm PORTABLE AND STATIONARY
Engines j
AND BOILERS
Saw, Lath and Shingle Mills, Injeo- '1pl
tors, Pumps and Fittings, Wood
Saws, Splitters, Shafts, Pulleyv
Belting, Gasoline Engines ^31
LAR0B5T0CK LOMBARD |l|
Foundry, Machine, Boiler WoriB^r^
Supply Store.
AUGUSTA, GAFOR
FRESH MEATS MM
such as beef, pork, dressed chickens,
and the like, yon will do jus- 1
tice to both your appetite and to :r'S^
your pocket to hunt for the
v market opposite the artesian
well, second door to Copeland**
warehouse. We only handle the
best meats that money can buy. "
We also pay the highest prices
for beef cattle, pork hogs, chickens
and eggs. Restaurant in con- Y^l v$j|l
nection, where you can get hot
meals at all times.
A. W. BRONSON, J
BAMBERG, S. C. "
FRANCIS F. CARROLL 'M
Attorney-at-Law i
Office in Hoifman Building. :;3'":S
GENERAL PRACTICE.
U. B. FOWLER | i
CONTRACTOR AND BUILDER :
Lumber, brick, and all kinds of '/M
building material on hand.
Phone NO. 33-L. "fP
^^^^^BambergjSjC^^^^^ VI?
CHICHESTER S PILLS M
{ 1*111* ia Bc4ki3d"ti?U BeaSexy/
ft t seaLledji*ltl1 jjlu?^ Ibbo?* ''' xk
X ~ y DiSSSh^f^Sl^pjc^^ifcSa :f|
IV JB yean known as nest, sun,
*^-~r SOLD BY DRUGCISTS EVERYWHERE j|j
MONEY TO LOAN.
Loans made on improved i
farm lands in Aiken, Barn- ||||h
well, Bamberg and Hanip-:||lf|g
ton Counties. No delay. ;
JAMES A. WILLIS, Vlllj
Attorney, ||j8
Barnwell, S.
{ T R EILEY M|;:S
| Fire, Life lllj|t
t Accident
a. * r? tt *r? A %T ^1 TH
lUfiUAAXIVIi
< [ BAMBERG, S. C. o |||;-|g|
TO THE PUBLIC ^j||
The undersigned have formed a ,-.J
copartnership for the purpose of
practicing law under the firm name
of Mayfleld & Free.
8. G. MAYFTELD,
W. E. FREE. ;