The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, July 01, 1903, Image 1
V ' S J%. y V / ' '
^ / t * /I :)
The Batestmrg Advocate.
YOL1IT ^ATESBURG, S. C?\V 1,1 > N KSI) AY, JULY 1,1908. NO 22
m THE TILLMAN CASE.
Judge Townsend Orauts a Change of
Venue from Columbia.
- v BUCHANAN ABUSES THE PRESS.
I / A Warm Debate Over the Selection
or the IMace of Trial. Lexington
County Finally
Chonen.
James II. Tillman will he tried for
the murder of N. G. Gonzales at the
county seat of Lexington, beginning
the third Monday in September, unless
the defense obtains another continuance.
The order for the change
vi venue was uiaue uy >i uugu iuwiisend
in the criminal court on Wednesday
afternoon after the argument was
concluded and the place announced
Wednesday morning shortly after t lit;
court convened. In making the announcement
the court said that lie |
had given the matter much thought
and had finally determined that Lexington
was the proper place to hold
the trial. The shcrilT was ordered to
have the prisoner there hy the second
week in September. Only the affidavits
used In the change of venue proceedings
were permitted to lie filed, although
the prosecution desired to have
those filed also that were used in the
proceedings to obtain bail liefore .1 ndge
ll'ope. We present below the arguments
of the attorneys in the case i
after the affidavits all had been read:
..1UDGK CHAWKOKIl's AUGOMKNT.
Iln the discussion of such a case as
this the legal propositions should first
toe given. This motion for a change of
venue should not bo granted unless flic
showing is made very strong. Another
proposition is that the parties who]
come asking for the change must have '
the preponderance of the evidence; if 1
there lie an equal balance then they!
"lose their case. The rule is that the!
defence shall establish their point by
the preponderance of the evidence. |
The question is, is tlie prisoner entitled
to a change of venue on account of 1
the local prejudice? And the defendant
presents in stereotyped forms antdavits
saying that a fair trial could I
not, he had. The defence has presented !
to you a mass of affidavits, hut there!
arc some among t hem who are people
of this county. The others In-long to
the migratory class; that is, t lie mill
population. They are not people who !
cannot speak for Richland County.!
?-?> 'Mrr'-ffrfV'";; 'n ffinmr f"' 1 Mr j
MCicuuoiit* uuuii auiuavii^ w?.-i IUI iii^;
nothing but the belief of the affiants
have no weight in the determination
of the change of venue. The mot ion
must t?e accompanied by affidavits
based on facts, not beliefs; knowledge,
not opinions.
Judge Crawford cited a numl>er of
cases throughout the United States)
showing that it is insufficient to obtain !
change on such opinions and beliefs.
If such were the ease a change could!
be procured from one county to another, j
and in this manner the case couid be!
carried on indefinitely. The law must
be resolved on principle and not mere- j
ly on the opinions of everyone. Our
Supreme Court lias repeatedly decided j
that when a juror has been put on his ;
voir dire and declares that his mind is i
unbiased that juror is perfectly eompe-1
tent to sit on t he case.
It was on account of these beliefs
and opinion affidavits that the Courts
of South Carolina in the case of the
State vs Williams, declared, in 1H2.5,
that a change of venue can he granted
only when accompanied bv affidavits
in which facts are given. Is t lie jury!
of Richland County to lie impeached !
liefore they are put on their voir dire? !
Because a few of t he friends ol t he victim
subscribe to a monument fund
should it then be said that a .fair t rial
could not be gotten in Richland County?
According to the case reported in
8tli New Mexico the mere statements
of the attorneys of the defendant
should have no weight with the Court. |
That the venue will not lie changed !
merely on the lielief of the prisoner and 1
his friends that he can not get a fair j
trial is specifically stated by Bishop.
We have shown to the Court by atlida- I
vits that over one-half of the jurors'
drawn in this Court are from the i
country districts of the county; there- !
fore, the articles published in the
Record could have no effect on them;!
as this paper has no country circulation.
The accused has made objection ;
to the effect that the jury is made up
of improper jurors. By 1 he safeguards
of the law t his is eliminated in sueh a
manner that a juror who is biased cannot
sit on a murder t rial.
The affidavits of t lie prisoner relate!
t I... 1 tvlm.i ? I... ..? I I...
tun was still on the ground, hut now, \
after six months have elapsed, to say
that the people still harbor the malignancy
of vengeance?never! This people
in the rush of other occurrences
have almost forgotten this trial. They
tiring ext racts, written by a single editor,
and try to show that this individual
litis influenced t he jurors of this !
county. All of the witnesses for the
State say that a fair and impartial trial
can he had. Four hundred and thirt yone
affidavits have declared that it
there was any feeling against .1tunes II. J
Tillman it litis disappeared.
Mr. Crawford 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
can get a fair trial now. There has
been talk of violence to the accused.
Why, Col. Tillman walks in and out of
this Court room wit h as much safety
as in his mother's home. The sworn
statement of Senator J. (?>. Marshall
shows that there is tis much feeling in
every part of the State as is m this
county. There was some feeling
against Col. Tillman at the time of the
killing, but this has subsided now.
It has been shown that notwithstanding
the fact that Mr. N. (!. Gonzales
fought the accused in his race for
Governor last summer, Col. Tillman
received more votes than any other
candidate. The defence has presented
you about fifty affidavits from citizens
of Lexington County, who declared
that a fair trial cannot be bad in Rich- it
Innd. These people have nothing to do r
witii the case. The defence must show V
beyond a doubt that a fair trial can- ?
not in? had. Must it be show n by the t
number of atti iavitsV Tiieu we have t
them. Ity the intelligence of the atll- h
ants? Then we have them lty their h
representati ve character: by the varied a
occupations? If so, then t lie prosecu- ii
t ton has them. n
They want to show that by a few ?
newspaper clippings that a fair trial
cannot be had. All of the preachers of o
Columbia have given allidavits show- r
ing tliat Tillman can get an impartial ^
showing. The defence wants to con- I
tradict their statement by showing li
tliat on the Sunday after the shooting <i
prayers were olfered to spare the life h
of this useful citi/.en.
Mr. Crawford then read the names of c
some twenty physicians of t he county, 1
who mingle wit h t he masses more than t
any ot her class of cit izens, ail of whom '
sav, without an exception, that theac- 1
cuscri can get a fair trial here. To a
show tliat the prosecution had obtain- t
ed the opinion of all classes of eil i/.eiis ii
In Ui.i<mnn?u Mr ..r....I >
(in* names of the lawyers, docto's,
county olticers. druggists, city ollicials, S
county do legalion to the Legislature v
cankers, railroad men, alioui one hiin- li
died ;nid llfty merchants, and the o
farmers, who swore thai a fair trial t
could Ik? had. There are only l,:ioo t
?|Ualitied jurors. Itoih sides are limit- h
eel in the same way in the drawing
the jury. The other side present it'll ! d
ailidavils and we have 421: this makes I
7VJ of 11 it* citizens whom Tillman J a
would not have to fear: Til who have h
made ailidavils for t,lie defence are not d
prejudiced .against him and the 421 t
who have stated specifically that a fair
t rial can he had.
The 5no remaining can lie put on t heir j <
voir dire and I am sure tliat an iiu- it1
part ial jury can lie gotten. The rule ?
of t lie (Jourt is I ha I you cannot decide i u
whether an impartial jury can he n
sworn in until I hey are brought up and j
put on their voir dire. We challenge ^
the ailidavils of Mr. W. T. Martin and I
others, in which they state that I lie j v
newspapers have published articles c
whieli were calculated to prejudice the | 1
milids of t lie people and to hold t he de- u
fondant, under public censure. Mr. '1
Crawford went'on tosay that the news-j t
papers published here, and especially ' t
the Stale, had been especially temper- c
ate and mild in their reference lo this v
case. s
Mr. Crawford spoke for about one *
hour and a half and closed with a '
strong plea that the change of venuei (
should not lie granted.
till,. I\ II. NKI.SON'S AlUlt'MRNY. '
S
Col. P. II. Nelson then spoke in sup- ?
port of the demand for a change of j
venue. Col. Nelson spoke in a most I
eloquent manner for one hour, going j '
over the legal phrases which are in | }'
volved in the case, lie began by say- [.
mil tli.it
State a fair and impartial trial wasI t
guaranteed to every man. and he pro- a
posed to show that a fair trial could 1 t
not lie gotten here._. j n
We do nol. rely on the affidavit of ' 1
the defendant, hut on ailklavits of j
eitizens ot' liichland County, "'he'*
Stat utes of Sout h Carolina, in Section |o
?,7J5, allows change of venue on the i s'
follow ing ^rounds: j si
"The Circuit Court shall have the j 11
power to change the venue in all cases, ! P
civil and criminal, pending therein, j"
and over which said < 'ourts have tu igi- a
ual jurisdiction, hy ordering the record
to he removed to another county j '
in the same circuit. The application 1t
for removal must tie made to the Judge ; h
sitting in regular term hy some party ] a
interested, or hy the solicitor of the cir- j t
cuit, or accused, supported by allidavit j r
that a fair and impartial trial cannot j It
he had in the county where such ac- j
tion or prosecution was commenced. |
The state *h.ill have the same rightly
to make application for a change of!',
venue that a defendant has in cases of y
murder, arson, rape, burglary, perjury, |,,
forgery or grand larceny: Provided, n
no change of venue shall he granted ,
in such cases until a true hill has been ^
found hy grand jury. Ten days'notice
of such application in civil and erimi- .
nal cases shall he given to the adverse
party, and if a change is ordered it 1 !
shall be to a county in the same judi- I
cial circuit."
In Stall- vs Coleman 8S. it is , v
held that a motion for a change of i n
venue addresses itself to t he discretion a
of the presiding Judge. The change j I
of venue was granted by t he Circuit j t
Judge, the Supreme Court saying: je
"Wiiile here upon very general attldav- i
its as to the improbability of a fair j t
and impartial trial in the county in ! P
which thebillwas found, the Judge jn
expressed his willingness to transfer |C
ease to another county in the circuit jd
except Pickens, where there would he o
no term of Court." j ii
In the case of Carroll vs Carroll vs ! a
Charleston and Seashore Ihiilroadjd
Company, til S. <".,it appears that only to
the attidavit of the plaint ill w;is suh- *
mil ted, wliieh recited two mistrials, ;a
and the great inlluenee of the defen- '
dant, the Consolidated Company. '
Against that was submitted tlieatli:ll:ivits
<lf lllllie III' tllf II... '
change of venue was ordered, t i??* Court !
holding (hat it wjis in the discretion >
of t he l rial J udge to order the change s
I on t he former t rial. 'J
In t lie ease of the State vs.lones the i
| defendant vvaseonvietedof inanslaugh- '
ler and senteneed to twenty-four <
| years. Tlu-ease was appealed and le- ?l
ferred, and ordered to a new trial. I
| The State moved for achange of venue t
and on single atlidavit the change was H
I granted. t
In another unreported case Judge f
Kershaw granted a change of venue,
I in Fairfield (flinty, on the aOlduvits j I
of t hree eit i/.eiis.
In the ease of Crawford, in this '
jcounty, the change was granted to f
Kershaw County heeause of prejudice j
I caused by the newspapers.
Public feeling has lieen so much ex- I
cited here now that people sire sictu- -<
ally afraid to make affidavits on ac- I
count of losing their position in vari- s
oils large corporations. In the Craw- t
ford case, although there were only t
ten atlidavits submitted for the de- <
fence, Judge Watts granted the
j change notwithstanding the fact that c
seventy-eight prominent cit i/.ensof t lie | e
county said that a fair trial could bo i
gotten. v
Mr. Nelson then made reference to a
the atlidvait of Mr. i<. II Weston, who '\
I said t hat. ho waseh cted to the Legisla- ;
l ure in
Mr. Nelson referred to the manner
1 which Judge Andrew Crawford had
cad this ullldavit, saying thai Mr.
Veston was elected in hard times,
lr. Nelson wanted the Court to know
hat these haul times referred to was
he hitter tight between the Tillmunles
and Conservatives. Although he
c longed to the latter side, lie was not
fraid to say that such a state of feeing
existed now and that no one did
lore to cause this than the late editoi,
i. (1. Gonzales.
Some st ress was put on the affidavit
f fudge O. VV. Buchanan, in which he
eferred to a conversation between
lr. Nelson and County Auditor W.
I. Gibbes. Mr. Gibbes had always
cell a close personal friend to Mr.
ion/ales and he did not blame him for
ils bitter feeling towards M r. Tillman.
Your Honor will also lake judicial
ognizance of the Act of luu2 at, page
,000, where the duty is devolved u|kiii
in- county treasurer, the county audior
and clerk of Court of Common
'leas and General Sessions of selecting
nd drawing jurors in the Circuit
kiuits of the State. Mr. Giblics heng
county auditor this duty devolved
ipon him.
In the case of State vs Sullivan, Jb
I. C., 40(1: The .lodge untieing eoninced
that a fair trial could not he
iad by reason of the interestediicss of
lie of t lie oltieers who drew the jury ?
he Court saving that it was well setled
that the Jurors must Ik* returned
v imnart ial and disint erest ed oin<>i?i-w
ami lliat one of I lie otllcers whoso
uty It was to re* urn the panel was a
elat ive of I he deceased, and impart ial,
nd as some time would elapse before
lis term of oltlee would expire,and the
efendant l>eing entitled to a speedy
rial, a change of v6nuu was ordered.
Attention was called to the fact
here were no cases reports! in South
'arolina Courts in reference to newsaper
publications. In New York
evet al cases were cited where changes
f venue were given on account of
icwspaper prejudice.
The atlidavils of Mr. A. E. and Mr.
V. K. (ion/.ales do not deny that on
he day after the not ice for change of
enue that there was published an
ditorial entitled "Only Criminals
'ear a Fair Trial." This was done
mly to a fleet the minds of the people,
['he prosecution says t hat the minisers
did not refer to t he case from their
uilpits. Mr. Nelson then read sevral
extracts from the prayers that
vere offered on the Sunday after the
hooting. Every single attidavit preented
try the defence shows that Col.
Tillman cannot get a fair trial and
hey also state the reason why he canlot
get a fair trial.
Washington A. Clark has called
ton/ales a martyr and Tillman an asassin.
The same is true of John .1.
IcMahan. The newspapers have proud
iced the minds of t hese people by
mblishing numerous fat ts in regard te
his case. The defence has not only
nade reference to t hese articles, hilt
las presented these clippings to the
Mr. Justice McCall of New York, In
he case of People vs Bullet t, granted
change of venue on t lie ground that
he newspapers had prejudiced the
linds of the people so much against
he prisoner.
These cases are cited to show how
tmilar cases have Ih'cm treated in
titer States. Col. Nelson then read
I'veral similar cases to the Court,
bowing that changes of venue have
cen granted on the ground that newsape
rs are suttieient to prejudice the
linds of pe.plc so much as to prevent
fair t rial.
111 uiumiiik v-oi. .scisou sum mat n
ad given liim no pleasure to make
he criticism of those with whom
e had formerly been friends. lie \\:is
lways willing to Rive tiledeceased edior
the credit of believing t hat lie was
iglit and did not now want to change
lis course.
MR. ItKLI.INUKII S AKlll'MKNT.
The next argument was that of Exit
torney General G. Duncan Itelliner.
A thorough review of the case
.as made by this distinguished attorey,
who began by refuting theargulent
presented Wednesday by' Col",
leorge Johnstone for t ile defence, He
;i id:
Has t.hcrc liecn any fact presented
y which you can form an opinion that
fie defendant cannot get a fair trial
11 this county?
The same legal principle which preails
in a jury trial, that the State
lust move its case beyond a reasonble
doubt, does not prevail at all in
his judical investigation. The ?iue&ion
is: Can James II. Tillman reeive
a fair trial in Richland CoiinVvV
it is a well-known principle of law
hat a defendant must be tried at the
lace in which the crime was committed.
In olden times it was the
ustoin for the witnesses of a crime to
eeide on the case. The idea of change
i senile is a comparatively new tiling
n law. Col. Johnstone said in his
rginncnt that two-thirds of t.lic aulas
its made by the defence were t hose
f well-known citizens of Kich'and
'ounty. This argument is illogical
lid a Circuit Judge knows one maVl
ike ai.other and supposes them all tc
>e fair-minded.
When the defence says that Mr..\V.
C Clark, J. J. McMahan and W. II.
Ales allirm that tlie* defendant is a
nurdcrer I his does not debar 1 licmfrom
aying lie can receive a fair trial liere,
I'hey do not allege thai thc$e gent l<v
nen would lie: that their prejudice
las carried them so far thai'they canlot
tell the truth. The prosecution
Iocs not make the allegation that 11 it
lirce hundred an^l. tlfty^'nien wlic
nade atlidavits for the defence would
[ivc.lim Tillman anything hut a fail
rial. The four hundred and liftyaf
iants for theviefence, who swifre that
rillman could get a fair trlaf,*certuiiv
y would give liiin justice.
The (Jon/ales brothers and James A
loyt, who were so much attached t(
lie dead editor, would not sit on t he
ury.
(Sen. Bellinger made reference tc
he case of the State agaihst Williams
VI that tnnehoth sides Could object
o twenty men and the State could
tand aside t he cut ire. venire, Sinci
lien every change in the erimina
rials has been made in favor of tin
lefendant.
(Sen. Bellinger said (hilt in,his lon^
xperienee he had never seep i;ert itii*
:xtracts of Circuit Judges' opinions
'c furred to. They should liave u<
vcight whatever in this case. The
Jlidavit made by Mr. John IV
Thomas, in t he case of ( raw ford, w Ik
(Continued on page 1.1
THRILLING- STORY
,
From the Records of the Corps of
Cadets of the
I 1
VIRGINIA MILITARY ACADEMY.
In tin; \V?ir ol* Soutlif11? Iittlcpemlence.
I'lii' (itillaiil CliurKe of
tin* Roy Itnttnlioii at
Now Murker.
It, is a record unexampled In history,
this storv or some two hundred
and twenty-live-boys, under 18. participating
in a sanguinary and hardfought
battle, where the service they
rendered was so timely and effective,
that it materially contributed to the
fortunes of the day. In the month
(if May, 1SR4, three bAttlcs were
fought on the soil of Virginia. Two
! were on the eastern side of the llluc
Uidgft Mountains, and one in the
, famous V;\Hey of the Shenandoah,
where stil< walked the wraith of Stone'
wall .laokson, dead at (Jhauccllorsville
liic- .miy pre-vimis. 1 in* gigantic cotillicts
of the Wilderness and Spottsvlvania
Court House, May f> to 7 and
May H'td 18. which till so large a space i
on the cAnvas of one of the world's
greatest wars, would inevitably throw
into the shade the small buttle in the
valley, but for the romantic circuinj
stance that on the Confederate side
! it was partly fought by the cadets of
! the Virginia Military Acadtutc. Yet
1 the battle of New Market was in itself
no insignilleaht factor in the defence !
of Virginia and the protection of the!
! Confederate Capital.
The Federal general, Si gel, who had
j established himself at Winchester, in
j April, had a force of about 8,000 ini
fantry. 2.500 cavalry and three or
j four field batteries', and was making
( ready for a forward movement. To
j meet* hitn, Gen lmbodin, of the Con-j
J federate cavalry, who was in camp in
, ltockiugham County, over seventy
miles from Winchester, advanced wltli
| a force of 1.402 men and loo scouts,
| who operated in Sigel's front and rear,
i The "reserves" of ltockiugham and
; Augusta' comities, about 1.000 men,
1, were notified to be ready at a moi
inent's warning to join hnboden, and
, j tlie same order was sent to the comi
granted bim a respite of seveial days,
: which enabled Gen. Mreckinridge to
j rcacli him from Southwest Virginia
; witli 2,500 veteran troops, lircckiuridge
tlicn took command, and the
liattle of New Market was fought on
I the 15th of May. The scene of tire
contlict, a little village with a populaj
lion of one thousand souls, nestled
, between the mountains and tire river, ;
in Shenandoah County, its undulating
J ground smiling with orchards and
gardens and fertile fields of grain,
i The cadets left the Institute on the j
lltli of May. They were up lie fore I
I daVhreak makinc th.Ur ni'ftnaniii.i.u I
and, after an early breakfast were on
! the march. 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
joyous moment of his life.'1 The boys
I in their gayety and exuberant spirits
shouted and sang and whistled as they
swung along, all of them joining, now
and then, In the chors of some favorite
air. ArriVed at >Staunton they had
! yet,. thirty miles to make l>cforc reaching
New Market. It proved a long
! and toilsome, march altogether, of
, lour days1 duration, through falling j
! rain and wet fields and mudy roads,
i Hut-the. battle day dawned bright and
j beautiful, though a terrific thunder j
i storm came later, mingling its terrors
I and. grandeur with the thunder of the
guns. The boy battalion on their ar- j
ij rival were quickly in line, having been
1 assigned'a central position so as to lie
, as little exposed as possible. The j
.gallant.. JventucTcian .iji command,'
gentle and brave, ipui one of the.
i handsomest men to Iki fouu 1 in either .
;,army, on whom had fallen the man- i
*j t Ifu-and with .it tin; spirit., of StunewhO
.lack-son, -looked tCHderly upon
. the youths, called from their stu lies
to-face a'field of battle, and would
Caih iiavp Spared them ll tiery
or.ijeal. ... .
* 1 tiding up to the -adct corps, just
, lie for C tl'^ 'engagement, his graceful |
and commanding figure a conspicuous
1 olqpct bu,.(.he .field, (run Breckinridge
1 said: "Youiig gentlemen, I hope 1
will not. have to call unon von
J hut 1 .Itiiow if 1 should he obliged to
do'ffolhiit you will do your duty." And
uohly did t hoy respond to this expectation.'
The buttle was progressing
'successfully- for trtie Confederates,
though stubbornly contested by tlie j
IInlorf forees when ;lterrible tire*met'
IJuxikinrklge from one of Sigel's
, batterips, . wliich. was on elevated
t .ground, doing, much damage to the
, Cdnfedejratc ipfantry. It was then,
> aV_ alxtht .2 o'clock m , the day. that
Ih'e. cadets were called into action,
tTToiitfh they' had al ready suffered
several ?asoalties from random shells.
* The boJ'fci* with- the agdity and en|
thusiasm'of- their -years, outran the
,i veterans wlio were alongside of them,
I 'Cross!n'lf'flfdeep and rOck guliy about
i three hundred yards from the battery,
finder the oorioentrated tire of its six
I guns, .plunging through thorns and
1 |d>rl<*rs and over fallen logs and stumps
? of-trees. Then they waited for the
* i'>2d Virginia regiment some two or
three minutes, keeping their forma(
tion with wonderful coolness wliile
the battery was doing its deadly work
I upon their' youthful ranks. When
f
the order was given to charge, the encounter
was soon over, though the
gunners stood gallantly to their guns
until overpowered. A c:idet mounted
a caisson and waved from It in
triumph the Virginia Stute flag, the
colors of the Institute, rousing a wild
veil of triumph from tin* Confederates.
There was then a general advance
along the whole line and the hattlc
was won. The cadets, out or two
hundred and twenty-live lost eight
killed and forty-six wounded. <Jen.
Shipp hud Ijccii struck down.at a
critical point in Uic chaise and I t
Capt Henry A. Wise, one of the
assistant professors, a young man not
much over 20, a nephew and namesake
of Gen. Wise, had fallen the
command of tiie battalion. Capt.
Wise tells Iiow, amid Lite noise and excitement,
a tap on the shoulder
arrested his attent ion, and the news
came from a comrade that their
colonel had fallen and he, as senior
olllcer, must take ids place. The
tittle confusion ttiat had arisen when
Col. Shipp was carried to the rear was
soon checked and Capt. Wise had liis
command well in hand, showing conspicuous
uallautry, coolness and decision.
When the battle was over
Capt. Wise had eight bullet holes in
liis dollies, though lie could not
remember how any of them came
there. And In* relates that lnit.li I lie
tails of his long military coat were
cut away. In the two largo pockets
were his pipe and tobbacco pouch,
and the pipe was broken, hut a piece
of it remaining. (hie of his tinkers was
temporarily injured yet lie could not
recall how or when.
And to Ids memory afterwards the
act ion seemed to have occupied hut a
few minutes, though he knev that it
had been much longer. Of one tiling
at the end, however, he had a vivid
realization that was the need of a
new pair of pats, as li is own were so
cut and torn. For this purpose lie
went over the hattleticld to tiud what
lie lacked on the fallen forms of his
erstwhile foes, lie consoled himself
for any impiety in "robbing the dead"
with tiie reflection that lie was taking
what was no longer of any use to the
lifeless wearer. Iteing a very tall
young fellow, it. was some time liefore
lie found a man of his own height,
and then lie discovered, as lie at
IVIIipiVU LIU' lilSK, Wliat II <11.
thing it. is to take anything olT of the
rigid forms of the dead. He called
a soldier to his assistance, who, in liis
turn, appropriated the poor man's
shoes. The p ints were carried to an
old negro washerwoman to tie well
boiled and "plugged" where a ball had
gone through them, and then Capt.
WiiPWWifPiWilliiPiP
battalion. Capt. Wise has been for
many years an honored citizen of
Baltimore, Md., where he is connected
witli the public school system, and
lias made a reputation as an accomplished
educator.
Many touching and some amusing
anecdotes are told of Hie lioy soldier;
and their prowess. ?Jen. 1111 boden relates
that Col. W. G. Lincoln, of the
:t4th Massachusetts, was very badly
wounded, and his horse having been
killed, he wascaught under him. in
tills helpless plight he refused to surrender
to a cadet until the cadet
threatened to run him through with
his bayonet. And the incident is related
by Capt. Wise, of a cadet who
called to a Federal oilier to surrender,
and the ofllccr? who despised his
pigmy adversary, refusing to do so;
the boy discharged his musket, indicting
a fatal wound. "Oh, mister!"
cried the tender-hearted youth, .as lie
ran forward to help his dying foe, "I
am sorry 1 shot you!" "And what a
fool was I," replied the other, "not
to surrender!"
A small cadet, eager to show his
valor, came excitedly forward to Capt.
Wise with about eight or ten Federal
soldiers, exclaiming in triumph: "See,
Captain. I captured all these men myself!"
But the Captain shrewdly sus
pecien mm me soldiers were on the
way to surrender themselves when
tills doughty young gentleman came
up with thein. Cadet Charles Carter
Itandolph.a cousin of Gen. Lee, was
the youngest l?oy In the battalion.
At the age of fourteen he had-entered
the Confederate service in a cavalry
company from Ills native county, Fauquier.
lie reported to (Jen. -Jackson
as courier before the battle of Slaughter's
Mountain, and carried orders for
him to the front. I hit he was so
small Gen. Jackson recommended that
lie Ik- admitted as a cadet in the Military
Institute. At the battle of New
Market It is said that a Federal officer
refused to surrender to him until the
brave youth showed his readiness to
use the bayonet. lie was soon afterwards
desperately wounded in the
head, so that his life was dospiredof,
and it was fully a year before he was
able to return to the institute. He
is now a clergyman in the diocese of
his near relative, bishop Alfred Magill
Randolph, of Southern Virginia.
Among the cadets who were in the
battle was the young son of the Confederate
Secretary of War. Mr. SedI
don. Tlie story is told of Cadet Seddon
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.
lmhoden had a boy brother among
J these little heroes who was knocked
down and disabled for the time by a
spent, canister shot.
Among the cadets who gave up
their lives at New Market, Cabell,
Stanard, Jefferson and Wheelwright
were especially noticeable for their
nubility of character and Christian
graces. Cadet < aliell was the eldest
of two brothers who were in the battalion,
and his unselfish care and solicitude
for his brother, their mother's
darling, was remarked upon by his
associates. < >n the night before the
battle he told a comrade of his fears
for the l?oy's safety, then went apart
and prayed fur his brother, his coin
radcs ami himself. And on the uior
row lie was taken and his brothe
left! Jacqueline Beverley Stanan
lived for sometime after receiving hi
mortal wound, and lie sent to 111
mother messages of love and farewell
"Tell her." he said, "L fell where
wished to fall, lighting for my conn
try, and 1 did uot tight in vain. Tel
my mother 1 die wit It full contidenc
iu my God; my loved ones must mee
me in Heaven." And. when from tli
battlefield the distant shout of vie
tory fell upon his ear. a radiant snail
lit up his countenance and with :
fervent "Thank Hod" the young her
"fell asleep."
Thomas Garland Jefferson, of tli
same family as the author of tli
Declaration of Independence, who tiai
received the summon to battle as t
a banquet, displayed a Spartan forti
tude as he lay bleeding on the field
To two of his companions who linger
cd to give him some assistance, be re
plied, pointing to the advancing line
"You can do nothing for me; go t
the front; there is the plaice Tor you.'
Cadet Wheelwright, who at the ag
of 14 had displayed remarkable coui
age and daring iu assisting in tli
capture of a vessel from sotre trai
tors who had seized it, was the young
est of three hrothers, two of whoii
were in the Confederate, array. Think
Ing to preserve their llenjamtn fron
the fatalities of war, Ids parents sen
Idtn to the Institute, and tie alon
fell a saeritlcc. Surviving until th
2d of .lune, he bore Ids sufferings witl
tile utmost patience and heroism
sending messages to his family o
Christian hope and resignation.
An incident that has been classe
as touching the "high water mark e
American heroism" is related of one (
the cadets at New Market. Lieut
Carter Iferkeley, of a Confederal
battery, was passing over'he battU
1 field when he attracted by the c-ies <
| a mere lad, who, grievously wounde
, himself, was apparently unconsciou
j of ids own condition in his d 1st ret
i over his comrade. Hi; sat with th
{latter's head upon his breast an
called to Lieut. Iferkeley: "Sir, d
; get me a doctor, for my friend I
i wounded." "My poor boy," replie
I the otlicer, your friend is dead, but
I will get a doctor for you." The
1 were, indeed, all worthy of their rac*
j many of them being of gentle llneag
and bearing historic names, in th
noblest meaning, the "golden youth
of the Old Dominion. And amon
the cadets there were representative
i also of the best blood of some of th
i Southern States. Some years aftt
| the war a Northern man came to th
saying to the commandant: "Sir,
was an otlicer in the Union army a
the tsittle of New Market and was
witness to the bravery of your cadets
i and I resolved then that if 1 ever ha<
I a son he should be educated in thi
I school of heroes!"
Among the cadets at New Marke
' was a young Israelite, born in Rich
i motui, Ya., now the world-renowne
sculptor, Sir Moses E/.ekiel. of Rorm
: Italy. To him, most appropriately
watt consigned the execution of th
monument to his comrades, the coi
ner-stone of which was laid the lot
of May last, and which will lie un
veiled June 2.1. It occupies a l>eaut!
' ful position on the parade ground <
' the Institute, in front of the entranc
to the Jackson Memonrial Hall. A
; the cemetery of the Institute are th
graves of the young heroes whos
fame the monument commemorates.
"Sleeping, hut glorious,
Dead in fame's portal,
Dead, hut victorious;
Dead, hut immortal!
I- They gave us great glory.
What more could they give?
They have left us a story,
A story to live."
Kate Mason Rowland.
PULLED ARMS FROM SOCKETS.
Strong Mao Iludly Injured in Trylti
to Oiitpull liorMCH.
A New York dispatch of Tuesda
says; Sehastlen Miller, a profession;
strong man, will he crippled for mar
weeks as a result of the accident <i
the l'lattdeutscher Volksfeast ;
Ridgewood park wlien two horses 1
was trying to pull together ahno:
tore his arms from their sockets. It
i likely that lie will never regain li
! former strength.
The act which Miller attempt*
I was to strap himself to two oowerf
| horses and drag them together t
sheer muscular force. Two big hr
wery horses were taken to the pai
! for the test.
j* Miller strapped his hand Into looj
that extended to a stout harne
I around the horses, one on each si(
I of him. A (treat crowd watched hi
j as he strained every muscle of h
! powerful l>ody, hut ttie horses did n<
j budge.
The crowd cheered, and tnc horse
frightened hy the noise, started 1
move in opposite directions. T1
grinding of the giant's hones could t
plainly heard, his face was drawn wit
pain until, when he could bear t i
longer, he called for help Men rusi t
| upon the platform and stopped tt
i horses.
It was none too soon; for the man
| arms had been pulled from tl
I sockets and the tlesh broken, lettii
thin streams of blood course down h
arms. A physician was soon wit
j him. and after putting the dislocaU
bones back in place he allowed h
patient to go home. Now he is u
able to use either arm, and the do
tors say it will l?c a long time befo
he will t>e well.
ENDS HIS LIFE.
r
^ A Doomed Negro Murderer Cheats
f the Ga'lows
I
; BY TAKINO POISON IN THE JAI L
II
e
^ \Vlioro lie Wiih Closely Co?.tinotl
e
Awaiting the Venx.'it'ieeofilie
( I.aw l??r Ills JleiiioiiH
IJ Crime.
c John Brownfield, the negro who nmre
tiered Deputy Sheriff Scurry at GeorgeJ
town in September, l'JOO, and who was
" to have been hung last Friday, Committed
suicide in I.is cell on Tuesday,
. June 22, by taking poison. The Char!
lesion 1'ost correspondent says it is not
' known how lie obtained the stuff with
o . ?
which nc Killed nimseir. There has
e been some talk of the possibility of the
- condemned man taking his own life
R and cheating the gallows, but there
was little expectation of bis tjeing able
,, i to accomplish it. Itrownfield made
a remarkable tight to escape the pal- ^ cl ' -r
n lows and carried his case to the Sut
prcme Court of the United States. He
e inid exhausted every resource to save
e bis neck, when finally be took his own
h life in the very shadow of the gallows.
Itrownfield killed I leputy Sheriff
f Scurry on September .'to, 1900, resisting
the deputy's undertaking to arrest
(] him in a barber shop. The killing
ir caused great excitement and a posse.
went to the woods and captured
, Itrnwntield and brought him to Jail.
^ There was some talk of lynching and
the negroes began to gather from the
surrounding country to prevent any
(j such proceeding, and afterwards with j
|S the purpose rescuing the prisoner from |
/s the jail. The situation became very I
lC bud and there was imminent danger of I
,1 a race war, when Mayor Morgan ap- I
() i pealed to Gov. McSweeney to order out
ls the militia. The Georgetown com,1
i panics and Major Schachte's command
j from Charleston were quickly brought
.. | to the scene and their presence cstab,
llshed order and the trouble quickly
2 subsided.
[e brown Held was tried and convicted
in December, 1901, and was sentenced
to bang, but he appealed to the Su- , '.
,s prcine Court of the State, which sustained
the judgment of the lower . v
,r court. His case was then carried to
[e the Supreme Court of Llie United *
1 of denialo^onsUuiUona^iguls^i^^^^^^^^^^^^^^l^H^
L ing the last appeal tribunal to the
;i murderer. On last Tuesday tlie ne'
gro was brought into court and finally
.j sentenced to be hanged on Friday,
s 2<?. He asked that Mayor Morgan and
three prominent citizens of Georget
town would see him and .to them he
appealed Tor influence wttli the Gov(j
i ernor to have his i^numce commuted .
. ! to life imprisonment. They declined to
do anything, but recommended that he
endeavor to enlist the sympathy of his
.. victim's brother, G. W. Scurry. Mr.
Scurry refused promptly and emphatically
t<? raise his hand in the negro's
j. behalf and declared that he would
(f spend every dollar he had to bring his
e brother's slayer to justice.
t
e A Florida Tragedy.
e W. lb Hunter and Mrs Ceph; s
Kiland were killed and Cephas Eilano
! Iwidly wounded in a shooting affray
atSprink Hake Fla. Wednesday night.
' Kiland and Hunter are brothers-inlaw,
but were not on g(K>d terms.
Hunter was in Hrooksville all day
Tuesday attending Court. He left
early in the evening and instead of
going directly home went to Eiland'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
and abusive language In the presence
of Mrs Eiland. Eiland ordered him to
k | leave. He puled his pistol and began
j tiring at Eiland, who returned the tire.
|.Mrs. Eiland sprang between the two
i while they were shooting and was in^
Istantly killed in the presence of her
ll ! I h r?*<> littlo nhllHi-on A .v...t....?
..v.. V.lJfUJTllIK
iy J his pistol Hunter ran a short distance
land died. Hi land is badly wounded
llosiou Menaced.
le
A new terror now menaces lioston.
s S< unebody claims to have discovered,by
's scientitlc methods, that the eity is
is slowly sinking to sea level. It is
asserted that there has been a drop of
>fj of about a foot in the last ninety
ul years, and that the depression is
steadily going on. Hut, in view
J the weight of Hoston intellect, the
wonder is not that the city is l>eing
mashed under, but that It has held
)S up so long.
IliiililiiiK" Destroyed.
m The most spectacular demolition of
is buildings in the history of the world
it was begun by the Pennsylvania railroad
Wednesday in the very heart of
s, New York. Four hundred buildings,
to including three churches, a hospital
ie and a charitable home, will lie made
>c one grand ruin in order to erect a
,li mammoth station in connection with
in that road's tunnel project from New
?d Jersey to Long Island.
10 J
Another l.yiictiiin;. A
's A mob of fifty masked men Thurs- M
ie day morning hanged Jack Harris, a JH
ig negro, to the porch of a building in Jg
is the suburbs of Clarendon, Ala., liarh
ris assitulted and seriously injured flfl
si John Coburn, a white farmer, who ^Hg
s lives about eight miles from Clarendon.
n- Tin* assault was committed Sundaj rWk
c- and Harris captured the following. f
re The mob forcibly took him from the f
custody of the slieritT and hanged him. .TflHI