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"PO THOU LIBERTY GREAT. INSPIRE OUR SOULS AND MAKE OUR LI#,S IN THY POSSESSION HAPPY. OR OUR DEATHS GLORIOUS IN THY CAUSE * 77T VOL. X^?"r?: BENNETTSVILLE, S. C., FRIDAY, APRIL 17, 1903. iii. NO. 23. TJPtlAL PUT OF. J. H. Tillman Gets a Continuance ot His Caso. TWO MAIN WITNESSES A' SENT. Tho State IU'HIHIH tho Application for Continuance, but is Overruled by thc Presiding J litigo ICIufih. Tiie case against Jas. II. Tillman Tor the murder ot' N. G. Gonzalo.-! rame up in the Court of General Ses sions at Columbia on Wednesday, and on motion of thc defence was post I citied until thc July term of Court. Thc State wishes the case to be promptly tried and Insisted that thc defence bad not made a sudicient showing to gain a continuance. The defence based its application for a continuance of thc case,, lirst, on thc atilda vit of physicians that Capt. .1. A. White was too ill to attend the Court; that be was sullering from diabetes o', -a serious type and partial paralysis? and, second on thc allidavit that Miss Mary Julia Hoper was in New York and could not bc gotten hore lor thc trial. Capt. "White in bis allidavit used in the application for bail swore that lt. II. Holzen back told him of a conver sation with Mr. Gonzales, in which be said Mr. Gonzales had told him (Hoi-; zenback) that he bad made Lieuton iiiit-Govcrnor Tillman "show the white feather on several occasions and when he met him he would make him st,ow lt again.'' Miss-Mary J ulla Hoper is a t rained nuise and she swore in an allidavit used in the application for bail, which was (iv.clined, that while attending Mr. Gonzales's uncle she bearii Mr. Util?zales say that be "had made Lieutenant-t?nveinor Tillman show thc white feather and that he would do all in bis power against him and was exceedingly bitter in his denun ciation of Mr. Tillman." The defence urged that it had tried to get these witnesses, but without success. Thc State urged that the defence had not made a proper, full or satis factory showing in its application for a continuance,?and that if such a show ing were made of what it was proposed to prove by the absent witnesses it might be admitted to facilitate the hearing. Judge Klug decided that asulllcient showing bad been made by the defence for a continuance of thc case and so diiected. rnccKKniNns rs II IOTA IL." After thc routine business of the Court bad been disposed of Wednes day morning. Judge Klugh said that thc first case on the docket was that of "the State against James Ii. Till man." As soon as this announcement was made Col. Geo. W. Croft, of coun sel for the defence, arose and said: "Before thc defendant is arraigned we have a motion to make on the part of the defendant. Wc understand, may it please your Honor, that the Stale expects to try Ibis case at. the present tenn ol' Court, and we regret to say that, t he defendant will be com pelled to ask for a continuance, be cause wc lind that two of thc most material witnesses for the defence can not, attend at this term, owing lo the severe sickness of one of t he witnesses, Capt. J. A. White, of Edgeltcld, and owing to the temporary absence, from the State of Miss Hoper, of Spartan burg. We have the ret uro of the sheriff, showing I hat one of t'."se witnesses lias been served and an at tempt made to serve thc other. Wc have also a cert I lien lc sworn to by the physician ol' (.'apt. White,of Kdgelield, saying lie is seriously ill and confined to his room, and it will be impractical for him to attend this Court. The return of the sherill' shows l bat M iss Hoper is in New York. She is a eil ?zen of this State. Wc are informed she is only temporarily absent from the Stale, and that she will be present at the next tenn of Court, when this case will bc tried. I ask your Honor's at tention to the following cert i ff ci? I e and allidavit: I will ask Mr. Nelson, who is associated with nie, to read these atlidavils." Mr. Nelson read the affidavits printed below. The first allidavit was in connection willi Col. AVhitc, which read: EdgcHcId, S. C., April 7, 15)0:$.-This is to certify that J . A. While is suller ing from ?diabetes, ol' a serious Ivpe: also sullering from partial paralysis and incontinence of urine, and con lined to Iiis room and under treat ment. Hui 1er & Patterson. Sworn to before me April 7. HHVJ. J. I). Allen, J. P.. E. C. Arter this allidavit had been read Mr. Nelson read this endorsement on the subpoena for Miss Kuper, the other witness in the case, who is wanted: I hereby certify that I have made diligentsearch for Miss. Julia Hoper and cannot lind ber in this county. Am informed that she is in German Memorial Hospital, New York city, X. Y. John IO. Veiner, Sherill. S. C. April J, I IHK?. A NOT! I Kit AFFIDAVIT; Slat e of Soul li Carolina, County ol' Richland. Before tue personally ap peared (?co ige W. Croft, who heingdiily sworn says: That bc is one ol'thc ntl or neys for the defendant above named. That (..'apt. .1. A. White, a witness for the defence in the above entitled case, is, as appears by the allidavil of lim ier S Patterson, physicians of thc town of Edgctield, in the Slate aforesaid, con ll ned to his room on account or serious illness, and will uni he able to attend at Hie. present term of this Court . That the testimony ol' the said witness is material lo the defence and the defendant cannot go to trial in his absence. That this mot ion is not in tended for delay, bul is made solely be cause in Hie opinion ol' deponent its at torney for defendant thc said defend ant cannot go safely to trial wit bout thc testimony of Capt. White. That due diligence has been used to procure the attendance of Hie said wit ness, as deponent ls informed and believes that the warrant for his at test was lodged wil li the sherill'of Richland County by I*. II. Nelson, Esq, ?Uso one of the at torneys for Hie del'cntlanl. on the -1st day of March, i!?<?:$. That Miss Mary Julia Honer is also a material witness for the defence, and is also absent That deponent is informed and be lieves that a warrant for thc arrest of the said witness was lodged with the sherill of Richland County on the 2nd day of April, 1U03, which said warrant was sent by the said sherill of Rich land County to the sherill of Spartan burg County, Miss Roper being a resi dent of city of Spartanburg, and tho said warrant was returned on thc 4th day of April, NN?, endorsed Ti. IQ. li That deponent bas been informed that Miss Hoper is temporarily in thc city of New York, and lias received assur ances that she will return to the State, and bc present to testify at the next term of this Court. That due diligence has been used to procure the attend ance or this witness, and in deponent's opinion bis client cannot safely go to trial in ber absence, and this motion is not made for delay, but solelv for thc reason above stated. H. W. Croft. Sworn to and"subscribed before me tbisIStb day of April, 10Q3< Pi II. "Nelson, Notary Public for South Carolina. THE STATIS OIMKCTS. Solicitor Thurmond promptly arase and said: "The rule of Court pre scribes how continuances will bc secured and we submit these allidavits do not come up to the rule of Court. If the rule is complied with it may be the State will he in a position to enable tile defendant to proceed to trial any way at this term of Court. Wc ask that thc rule of Court bo complied with." v Cpl. Andrew Crawford, of counsel for the SUte, added: "It seems to me, under the rule as last amended, that even where thc rule is complied with, thc essential feature of which is to set forth all the facts, then the affi davit is submitted to counsel on thc other side, and if counsel agress to ac cept thc statements contained in t hese allida vi ts ns statements that would Lc made if the witnesses were present, then the case will (io on. "Now, in this particular instance our friends have failed to make known to us what facts they propose to prove by these two witnesses. In that par ticular their showing is absolutely de fective. "I submit we are entitled to have this case goon, lirsti, because there is not a compliance with thc rule ol' Court in any particular, and secondly, il* thc com pl ia nee is made, wc can admit that, If tim witnesses were plaited upon the stand, they won lei swear to the things and matters set forth in the allidavlt, and then tin case will proceed."' STILL ANOTUKK AFFIDAVIT. Mr. ??. ll. Nelson said: "Wi thought our friends were sd thorough ly advised of what these witnesses testify to in thc main, (theiraffidavit!! having been used and copies ha vi li), been furnished some time ago,) wt did not think it necessary to embody in a .separate affidavit what wc expect them to testify on the trial. Antic! pating that point miirht be made w< have prepared this affidavit from Mr. Croft: "Stale of South Carolina, county ol Richland. George W. Croft, bcinj.' duiv sworn, says: That in addition t< the affidavit of Miss Mary Juhit Roper deponent is informed and he believe; l bat she, if present, would testily ti tim mat ters therein stated, and de poncnt is informed that she wouli testify to threats and matters mor pointed even than those therein se forth. "That owing to absence and distune from the city of Columbia none of th attorneys for thc defendant have eve hadan opportunity of seeing or talk lng with her, and therefore deponen cannot give in detail t he threats am other matters about which they arc hi formed she would testify. "That J. ll. White, if "present, won! testify to what is contained in the alli davit ol* lt. H. Ilolzenback, reforrin to Hie conversation between him ah N. (i. Gonzales,and that he commun ca ted tile same to the defendant. "Sworn lo and subscribed before nu this 8tli day bf April, HM?; "(i. W. Croft. 'T. II. Nelson, Notary Public ic South Carolina. Tllli KULK OK l IOU KT. The rule of court involving cont lin anees in such cases was read to th Court as follows: Motions for Continuance: No ino tipti for the postponement of t rial bc youd the terni, either in Comino Pleas or (lencial Sessions, shall b granted on' account of the witness without the oath of the party, hi counsel, or either, to the following c feet, to wit: That thc testimony c the witness is material to support !li action qr defence ol' the party moving that thc motion is not intended ft delay, but is made solely because li cannot go safely to trial Wit hout sue testimony: that he bas made use i diligence to procure the testimony < tile wit ness, or ol* snell ol lier circuit stances as will satisfy thc Court, thu bis motion is not intended for dela; In all such cases where a writ of sui pocha has been issued the origin; shall be produced, with proof of sc vice, or t he reason why not served, ei dorset! thereon or alt ached thereto, c if lost, t bc same proof shall be ol?erei wit li addi! ional proof ol' t bc loss of lb original subpoena. A party applyii for such post ponement on account ( the absence of a wit ness shall std fort under oath, in addition to the for?g ing nial leis, what fact or facts be bi lleves thc witness would test ily to an the grounds of such belief. TIII2 LA WY ICHS STAU. Counsel contended .iver the matti for some time. Mr. Thurmond and Col. Crawfoi contended that the defence bail uLte ly failed to comply with thc rubi a nv particular and that it bad n been shown what thc witnesses won have Lest!lied to had they been pre cut. The defence said among otb things that none (d' counsel had cv yet seen Miss Roper and that they d not know exactly what she won testify to; that she. had written a lc ter to members ol' Mr. Tillman's fan ly, in which sim made mention of a ditional threats, and t hat, they we i not fully advised as to this wi too and they further contended that ? harm could come lo thc State by d laV, as the defendant was in jail. Col. Crawford contended that tl view expressed by Mic Judges at a 1 cent meeting was to require a coi pllancc with thc rule as to avoid fi anent continuances, and that thc ri contemplated that thc opposing si might be fully advised o? what w sought to bc proven by absent wi nasses, that all of this might agreed to and thc case not delayc Ile went on to urge that the adida vi submitted, and the motion, as mad did not comply with the rule in ai way. Col. Croft contended that the d fence had shown due diligence in i efforts to get the two witnesses, and that it was an utter surprise to coun sel that Miss Roper was not in the State and that she could not be pres ent for the trial. He had informa tion that Miss Roper woidd, If pres ent, testiiy to other things than were brought out In the affidavit used at the hearing for bail, and that counsel did know Hom information that she would testify as to other threats. Ile then emphasized the value of having a witness on thc stand and having the jury judge of the credibility of thc witness by seeing thc person on the stand. Mr. Crawford insisted that it must ut least be shown what these absent witnesses would prove or what they were expected to show. Judge Klugh thought that this position waa cor rect. Col. Nelson said he thought thc atil da vi ts of the witnesses in question were familiar to the counsel and oth ers, but at the instance of the Court he brought thc allidavits used at the time of thc application for bail and read these to the Court. At thc time of the application Capt. White made the following allidavit as to what evi dence was to be expected of him: WHAT WU ITU SW KA US TO. South Carolina, County of Richland. Personally appeared .1. A. White, who, being duly sworn, deposes and says: Tliiit ho recalls the event arid circum stances mentioned in the statement of lt. II. Ilolzcnhuck. That he is keeper of one of the commit tee rooms ol'the Senate of Sout h Carolina. That at all times during the session of the Senat u he is in tho lobby of the Senate. Thal, on Tuesday or Wednesday before the shooting of N. (i. Cot?zales occurred he was sitting by the front door of the said lobby talking lo Richard flolzcn hack: that to t hc best of his recollec tion it was Tuesday. T>iat said man with whom the d?nouent eonvursed was clean shaven and wore glasses, and as he t urned to go olT deponent, asked who he was and was informed by some one that it was N. C. Con/ales. Thal aft io- t he deponent 's last remark the said Gonzales turned oil' abruptly and deponent does not know whet her he walked into the Senate chamber or into the corridor. That the deponent coin munica ltd to the said Lieutenant Governor and President ol' the Senate the statement either on (he afternoon ol' Tuesday or Wednesday, he cannot recall which, preceding the shooting on Thursday. That deponent, is a Confederate veteran, having served four years in that dreadful struggle. That lie was also count y eoinmissionei of lOdgelield County for a like period, and that he is an uncle by marriage of Solicitor Thurmond and'of the lion. W. A. Strom, late a member of thc House ol' Representatives from Kdge field County. .I.A. White. Sworn to and subscribed before mc Ulli 11th February, lilt).-!. Robert Moorman, (L. S.) Magistrate Richland County. IK ) 1.7. K N ll A C IC ' S T K S Tl M O N Y. The defence also submitted thc allidavit of Richard Hol/.enback, wilt it will be remembered testified in full as follows: That while he \vrs in thc Stave Ifonse a c! ey or r\vo"< .before-t-ho untortuna.e occurrence which result ed in the death of N. G. Gonzales ht was talking to Capt. .1. A. White, wh: was keeper of one of the committee rooms in the Senate end of the Capi tol building: that while lie wast bert ??. G. Gonzales, whom the deponent had known for two years, came in thc lobby ol' the Senate chamber and asked Capt . While where, his boss was. Capt White replied. "I have no boss," ant he (Gonzales) said he meant the Lieu tenant Governor, and said, "J suppose he is neglecting his duty as he always is-" Lieutenant Governor Tillman was not presiding at that lime, but Governor Sheppard was in the chair, Gonzales said to Capt. White, he hat made him, referring to Lieutenant Governor Tillman, show Hu: white feather on several omissions, and when he met him he would make him show iti again. Capt. White mud< some reply and shortly afterwards Mi Gonzales went oil'. I do not recollect whet her he went in the Se.late chain ber or out ol' the State House. WHAT MISS itoristt SA vs. The allidavit of Miss Roper, who is the other absent witness, was: Si atti of Sout h Carolina, count y ol Spartanburg; Miss Mary J lilia Roper being duly sworn, says: That she is bj profession a trained muse anti is en gaged now as such. That (luring the summer of 1902 she was nursing Capt. Ralph Elliott, ii Spartanburg, S. C., who was then sick sutlering from dysentery. That Iiis nephew, N.* G. Gonzales came to see him during his Illness ant deponent saw Mr. Gonzales frequently That in discussing thc differences bo tween Lieutenant Governor Tlllmai anti himself Mr. Gonzalessaid on mon t han one occasion lo deponent t hal. he (Jonzales. had made Lieutenant Cover nor Tillman show the wlrite feather and that he would tit) all in his powe against him, and was exceedingly bil ter in lils denunciation of Mi*. Tillman That she communicated the above remarks td' Mr. Gonzales lo Lieuten ant Governor Tillman. Mary .1 ul ia Roper Sworn lo and subscribed before mt t his 17t.h day td' February, liKKI. .lohn (buy Hvat'is, ( L. S.) Notary Public for South Carolina. After the 'illidavit's had been read Col. Croft said that there was addi tiona! information as to Miss Roper Ile then went tin to urge that inst important a case that it was ol' tin utmost importance that thc witness es be present, if it were atall possible and that it was a right, granted bj the Constitution. Ile could not sei that anything was to be gained lr the State. He said that he hat! neve" seen a case under similar ci icu m stances forced lo trial. .rim .ii; no K'S IIKCISIIIN. .fridge Klugh arter the full slate incut by counsel, promptly annouue pel his decision in favor of a continu ance ol' I lu ease. As soon as Judge Klugh hadan iiounccd his decision on the motion which was received without an; manifestation, Solicitor Thurmnni arose anti saith "I would like to hav the defendant arraigned, unless th three days' notice ls waived. This see.net! to be an entire surpris to the defence, anti Mr. Nelson sahl: "it, seems lo us that is unusual The ease has been continued anti t her ls no use to have the arraignnion now. Possibly before thc arraign ment we may have some plea or tnt) tion tb make and we should not he re quired to plead now." Solicitor Thurmond: "The plc: should come, after arraignment am not before." . Mr. Nelson: "I disagree with th solicitor as to that anti will cite, hin LeONTINUHO ON CAOK I. J WILL ?SOON HAN(T. The Remarkable Case of a George town Negro Murderer. BROWNFIELD, A BLACK BARBI R If aa Ileon Saved Tor Three Vearn Iron? tho (tallowa, Attteinptod Suicide Kecently, But Courage Failed. One of tlie most unique cases in thc annals of crime exists in Georgetown, .lohn Brownfield, the negro barber who killed J. C. Scurry, a white man, on Sept, 2?. moo, is still alive and con lined in the county Jail, although once tried, convicted and sentenced to bc hanged on Dec. 27, 1000. Thc case has excited widespread in terest and at various times occupied thc attention of every court from the humble magistrate's to thc United States supreme court at Washington ?ind, although the verdict of every trt ounal bas been against thc negro, yet lie is still living and no date set for uis execution. Sherill MeKcithen ol that county readily assented to allow the prisoner to bc seen in his cell. The clanging of the massive iron doors ?is tho bolts were thrown back aroused the prioner from lils cot in his cell where lie bad been quietly con versing with bis fellow prisoners through the bars. Ile immediately put on bis hat and stood in thc open door, apparently ready to meet any fale that might befall bim. The negro is about 2"i years old, tall erect and bis long confinement of nearly 'il months bas reduced bis weight to about 12") pounds. In answer to the question if be still felt confident that j he would yet escape tlie gallows, lie replied: "My chances now look pretty slim, and 1 am the victim of Caucasian prejudice. I ought not to be banged, foi at the time of tile trouble I was in my barber shop when Mr. Scurry came in to collect delinquent taxes, under an execution issued by Magis trate Hucks. Sour ry fold me that if I did not pay taxes that bc would ar rest me and I told him that bc could not arrest me without a warrant. "He grabbed me in the collar and threw a pistol in my face and told nie that he would show mo. I caught the pistol with both bands and turned it to one side to keep him from shooting me and I then wrenched the pistol from his bands and shot bim several times. I left the shop and ran up the street, but was caught by a policeman and put in jail where I have been ever siucc. I was not responsible for any thing else that happened. My" aotor-, ney Mr. Mitc!7cii-a Charleston negro lawyer-has written mc saylmj that a petition to thc governor is circulated asking him to commute my sentence to life imprisonment.*' This is about Hie substance of his story. Noticing that he kept his hat pulled down over bis eyes, he was asked to take it off, but be drew him self up and said: "No sir, 1 won't do that!" The sherill', who was standing near, was appealed to and be ordered the negro to take oil' his hat. Ile made, the same reply to him, but in stantly it was snatched from his head and in the top was pasted a small mirror, in which, perhaps, bc often admired himself, for the bump of self esteem is very prominent on his cra nium. .lobb Brownfield killed J. C. Scurry on Sept. 20. 1900, and was placed in jail the same afternoon. Thc next night a race riot at thc jail was avert ed only by tile cool, decisive action of thc white citizens. Tlie local military companies were called out and the I governor appealed to for more troops. (Juc company from Sumter and two I from Charleston were sent herc, for which thc legislature at its next ses sion had to appropriate about S2.7O0. The ringleaders were arrested and heavily lined, one of them serving a sentence of one year in thc peniten tiary. In November of thc same year i bown Held was tried before Judge Gary and sentenced to be banged thc next month, Dec. 27. His negro at torneys appealed to the State supreme court, who several months afterwards confirmed tho verdict of tlie circuit coull. While thc case was pending In thc supreme court, a little more than two years ago, Uro wu field burrowed a hole t brough thc brick wall of thc jail witli the fool of a stove and made his escape, but was recaptured within an hour. As soon as be learned that the State supreme court bad decided against bim be attempted to end bis miserable existence by taking an over dose of laudanum, but prompt medi cal aid saved bis life. His attorneys carried the appeal to the United States .supreme court on the plea that there were no negroes on the jury which convicted him, but this court, within the last month, de cided against bini, livery one thought that Brownfield would bc rescntenced by Judge Cage at the court of general sessions which adjourned at George town last Saturday, but it seems that the United States supreme court, lie der the law, lias :t0 days within which lu return to Hie Slate thc papers in thc case from which they omit?ate, and thc allotted time will not expire until tomorrow. Hence the negro bas ti new lease on life until June loth; when Judge Cary, who originally beard thc ease, will probably r?sen te ncc bim to be banged. Monday a week ago Brownfield swal lowed a large quantity of paris green in another attempt at suicide, out be came frightened and sent for the sheriff and a physician, who again saved bis life. When asked why bc made the attempt, be replied: "Any kind of death is preferable to the dis grace of being banged by thc neck un til dead." lt is stated that bis negro friends have about given up all hope, realizing that they have exhausted every means to stive bim. Large sums of money have been raised in thc negro churches of Georgetown county, as well as from bis relatives in Columbia and Mayes vllle, Sumter county, thc borne of his wife, for by them Brownfield is re garded as thc exponent of an imagin ary principle, lt is stated that pray ers are being offered that he may die by any otijer method save that of a legal exception and to them is attri butable \thc poison that has been given him on more than one occasion, but the negro ls too cowardly to wait until the f poison takes effect before calling tof a physician. One of the direct rcstdts of the riot episode is the passing of the city and county government completely into the hands of the .wlitpe people. The negroes put up tickets'jn both elections last year but failed to support them on thc days of ?lection. Thc city of George town has been continuously under the mayoralbyTof thc Hon. W. D. Morgan for the last 12 years, but the new Georgetown which has sprung Into existencc-jwithin the last live years, bears littfe resemblance to the (plaint uld city which formerly stood at thc head of"; WI nyah bay.-Columbia State. A GOOD ROADS MEETING Tn Ito Held in St. Ijouts the Lutter ? Part or April. The question of good roads is giving public men more to think about than anything, else which has come up in the last generation. There is no deny ing thc self-evident facts presented by those Who. advocate building good roads and who urge that to have bad roads is'tnjjre costly and more of a tax iii the end than thc paying of a special tax for the purpose of building roads which will bc permanent in their nature. At thc ilast session of thc general assembly there were a number of measures, introduced, some advocating a special tax, and others suggesting a local option plan such as luis been adopted by special school districts let each township vote upon the ques tion. Others suggested the plan of issuing township bonds for this pur pose. Bat nu action was taken, so unsettled were the convictions of thc legislators. One of:the most earnest advocates of building and maintaining good roads is .Governor Hey ward. Ho has repeatedly ure,cd the importance of this nlattter and is taking no little interest in the proposed good roads convention which is to he held at St. Louts on the 27th of this month, j nc*cxpects to attend, if his business engagements will permit, and has beep' ylnforined'^ihat President Roosevelt and the governors of a num ber of States will be there at that time and will make addresses. Governor Hey ward Wednesday an nouncedlthc appointment"af the dele gates froWthls State to that conven tion, apd'lie has selected thc .gentle men iv*paed. not so much because of tbejr .^^miV'^uce in the good roads mov?is , t . because. hp _ bell e ves they, wm ?t^r^^Bd^syra^r^ig^^?S to South Carolina ideas which will be of great value lu thc movement. Fol lowing arc Oic delegates named: First District-W. G. Hinson, Charleston; T. W. Williams, Moncks Corner; J. li. Moore, Waltcrboro: John S. Wimhcrlv, St. George; J". C. Lanham, Manning. Second District-II. G. Folk, Ram berg; Brunson Holloway, Edgctield; B.; F. Crouch, Saluda; W. F. Cum-1 tilings, Hampton. Third District-J. N. Yandi vcr, Anderson; W. .1. Sti'ibiding, Oeonce: W. T. Mowen, Easley; R. E. Hill, Abbeville; Ll. M. Hayes, Greenwood. Fourth District-W. L. Mauldin. Greenville: J. P. Goodwin. Greenville; S. T MeCravy, Spartanburg; H. H. Humbert, Laurens, Macebeth Young, Union. Fifth District-F. P. Stacy GalTncy; P. L. Hardin, Chester; T. W. Boyd, Rock Hill; John G. M obley, Winns boro; T. K. Cunningham, Lancaster. Sixth District-Capt. Prank Man ning, Clio; W. II. Manning, Dillon; W. A. Dowling, Darlington; J. lt. Mc bryde, Florence: John L. Boyd, Con way. Seventh District-V. ll. Hyatt. Co lumbia Lewis T. Wilds, Columbia; W. II. Seal, Sumter; J. A. Banks, St. Mattehws: Capt. J. H. Counts, Inno. Thc Crazy Kider. Thc State says Dr. J. \V. Babcock reports little change in thc condition of the Mormon elder who was given severe treatment in Williamsburg county a few days ago on account of hts o.fl'ending a lady of the Lake City section. The demented elder's travel ing companion has called on him here. These elders always go about in pairs. Thc question now arises, "What shall be done with this Insane mau?" Ile is not a citizen of this State and the law provides that the State of South Carolina shall not take care of parties in sucha condition unless they have been residents for two years preceding. This was done in order to keep neighboring States from impos ing upon South Carolina. As the elder ls a citizen of Utah it is thought that he should tic cared for by the people of that State. Heans to Order. Hereafter no Chicago girl need be without a beau or an escort, unless by choice. She can now go to tho tele phone and order a beau for the morn ing, afternoon or evening, the same as she would order a block of ribbon or a bottle of pickles. And she can order just the style of beau she wants, to match her complexion or her new frock, or her "confection" or a new hat. There are to he had long beaus and short, dark beaus and light; lean beaus and fat. and whiskered beaus and those that, are clean shaven, lt is merely a case of "you pays your money and you fakes your choice." An Inhuman Deed. At I lattice ville, on Saturday night,' the stable of Mr. Lass!ter was enter ed hy ti miscreant who heartlessly mutilated and killed a valuable horse. All four legs were broken with an axe and thc foreshoulders severed. The dastardly act ls supposed to have been prompted by a villainous revenge On a Tear. W. E. Wingate, a Charleston police man, arrested in Augusta, Ga., Thurs day night for disorderly conduct and locked up In a cell at thc police bar racks, escaped during the night by wrenching thc cell door ot? its hinges. He got away from the city. \ HIT AT TRUSTS. United States Court Declares Securi ties Companies Illegal. THE FOUR JUDGES UNANIMOUS. The Opinion, Which is Clear Cut and Strikes Out from tho Shoulder. Was Written by Jud^o Thayer. The position of the United States government In thc suit brought against the "Northern Securities com pany, thc Northern Pacllic and Great Northern railraws and individual of ficials and directors of those compa nies, was sustained In the decision handed down In thc United States cir cuit court of appeals at St. Pauls, Minn., Thursday. The case was originally brought in the United States court, but under a special act of congress was takeu at once to the court of appeals, which court was to expedite the hearing and decision of the ease in every manner possible. The taking of testimony in St. Pauls and New York lasted for several weeks and thc arguments in St. Louis be fore Circuit Judge Caldwell, Sanborn, ?Thayer and Vandeventer took several days. The decision of thc court was | written by Judge Thayer and was Hied in St. Pauls, where thc original action was instituted. An appeal to thc United States supreme oourt will bc taken immediately. All four judges concurred in thc conclusions of thc court, which were stated by Cir cuit Judge Thayer. Judge Thayer, in the opnion, recites the petition which was brought under the anti-trust act of 1890 and adds that under the act of Feb. ll, 1903, this case, being of "general public im portance," has been given precedence over others, and in evdVy way expedit ed lt is declared that from the ad missions of the pleadings the matters of fact are that thc roads were par allel and competing lines and that they had jointly secured control of the Uur lington line, that in 1901 a holding company had been formed by large owners of the stock of the Northern Pacific and Great Northern railways, by which new company large stock in terests and been acquired at an agreed price, and the court holds thal "the scheme which was thus devised and consumated led inevitably to the fol lowing results: The fojlowing from The State will show the'far reaching-results of the decision: The Northern Pacllic and Great Northern railways traverse several States. on parallel Hues and "were direct and active competitors-for the immense business "In 'their terri; tories. From time to time there were rate wars, and always the country traversed had thc benefit of competi tion. An el?ort was dually made by thc dominant interest of one system to obtain eontrol of thc other. The illegality of such combination was too flagrant to stand even the dim light cast on such transactions by the gov ernment at that time, lt was then that thc genius of J. Pierpont Mor gan was called into play as a trust organizer. With thc consent of the stockholders of both roads Morgan planned to defeat the spirit of the law, combine the two systems and kill competition in that territory through the medium of the Northern Securities company. To circumvent thc law against one competing road acquiring and operat ing a rival, the Securities company was organized in New Jersey to oper ate both thc Great Northern and Northern Pacific railways for the mutual benefit of the stockholders of those roads. The stockholders of the railroads surrendered their holdings to the Securities company and were is sued stock of that company. Thc two roads were worked as if belonging lo one system and competition In rates ceased. Thc earnings of both went into the same strongbox from which stockholders of each, standing on the same fooling, were paid. South Car olina has a law prohibiting the con solidation of competing railroads. If the Morgan scheme was legal, it would then be practicable for stockholder of the. two lines between Columbia and Charleston (supposing them to be In dependent systems) to surrender their stock to an individual or company, giving thc holder authority to oper ate both roads as one system for the mutual interest of owners of the two lines. Thc boldness of thc undertaking and thc seeming security of the promoters in perpetrating this injustice on the public arc astonishing. The rights of the people who granted the chart ers which permitted thc railroads are ignored, their purpose thwarted, the competition they desired smothered. Morgan says an appeal will be taken to thc United States supreme court but he can hope for nothing from t hat t ribunal. The court of appeals administers a hard rap to the State of New Jersey, thc breeding ground for corrupt, corporations, but it might hilve been more severe. That her citizens may escape taxation, thc good name of the commonwealth ison the market -for sale to any who have the price. The old Story. A dispatch from Manila says Captain Pershing's force captured Itacolod, Island ol Mindanao, Wednesday killed a hundred Moros and wounded many others. Three Americans were wounded. Pershing's force, consisted of Shaw's battalion of thc 27th infantry Kilpatrick of thc loth Cavalry and Chacuacls battery. Pershing was sur veying tho West Shore lands when the Hacolodiuns opposed his advance and provoked thc light. Pershing sur rounded and attacked their strong hold, first shelling them and rushing his troops forward charging gallantly. After crossing the deep moat and en tering the fort, the Americans engag ed the Mores' bayonets against Krisses. A hundred of ihc defenders were kill ed, Including thc dattoof Pannandun gan and many were wounded. Only three Americans were wounded. After thc capture of thc fort it was des troyed. BRYAN'S PROSPERITY. Why It Bothers Some ol the News? papers of the Country. The fact that Hon. W. J. Bryan has Just completed a home at Lincoln, Neb., is being received with a great deal of pain by a number ot papers throughout the north and east. These papers lay particular stress upon the fact that this house has twenty rooms, and tbat Mr. Bryan is not only a free silver man, but an energetic opponent of tbe trusts. They hold .to tbe axiom that any man who sympathizes with thc poorer classes should remain poor himself and leave to others tbe ac cumulation of riches. It is said that Mr. Bryan has already accumulated between $150,000 and $500,000 worth of property, and asserted that his an nual income from his paper and other sources is not less than $50,000 an nually. This condition of affairs, is sad, no doubt, but wbat is the use of protest ing? An especially generous Prov idence endowed Mr. Bryan with more than bis share of gray matter, and it is not apparent bow these people are to keep bim poor. It is true that Mr. Bryan ls becoming wealthy without oppressing any one, and that there bas never been the least suspicion tbat one penny of filthy money ever soiled bis hands. And it ls tbls that hurts. The plutocratic organs which are pained at bis prosperity would bave no ill-feeling against him if his money were wrung from the sweat and the suffering of the mass of people. If Mr. Bryan had, /or example, secured his wealth by"cornering tbe stock of coal in some city during tbe existing blizzard or had devised some plan whereby small dealers in certain com modities could have been ruined tbat a syndicate might capture the trade which bad been theirs, be would have been bailed as a captain of industry. But tbat he should coin this wealth out of the gray matter within his skull, and without injury to any of his neighbors, ls, of course, inexcus able. lt ls more inexcusable that be does not change his poi il ?cal views now that lie bas acquired a considerable amount of worldly goods. But more damning than all else is tbat he is making regularly the ialary of a mana ger of a great syndicito without op pressing any one whatsoever. Thc public will be pained along with the plutocrats at this extraordi nary conduct of Mr. Bryan, but their pain will by no means be as acute. In fact they may be willing that Mr. Bryan should continue to prosper, though thc more envious will not un naturally complain tbat Providence was not more even-handed in its dis tribution of brains. Mr. Bryan has achieved a notable victory in .demon strating tbat even at tbls late day brains are a val?able commodity in the World, and that a man may pros per even yet without oppressing his neighbors and without permitting bis conscience to bc scared by tbe acquisi tion of wealth by furtive methods. It may bc as well to inform these plutocratic organs that wealth is not In itself an evil, but that evil meth ods of acquiring the wealth is what constitutes thc sin, and that they will never bo able to convince the world that bonestv acquired wealth ls a dis grace, while wealth dishonesty and illegally acquired is an honor to the bolder. May Mr. Bryan continue to coin wealth out of his brains until he has all that is necessary to his happi ness. Thc pity of lt is that most of the great fortunes in this country are not in the keeping of such men as he.-New Orleans Ti mes-Democrat. THE MYSTERIOUS MURDER Ut* au Unknown Man in the City ot Charleston. Charleston bas another mysterious murder case. The Post says with a bullet bole through the head and an other through the heart, the body of a well dressed, unknown young white man, about nineteen years of age, was found half buried in the marsh near Wappoo mills Friday afternoon. Tbe body was discovered by T. Jervey, who was out in thc Ashley river in his boat. Tbe information that the i cody of a man bad been found was communicated to Coroner O'Donnell and be caused lt to be removed, brought to the city and sent to the hospital. It was in a state of almost perfect preservation, showing that It had been in the water only a few days. In the left temple was a bullet hole made by a ?2 caliber pistol and the other was through bis heart. Either of thc wounds would have caused in stant death. lu his pockets were found an open case silver watch, a few pennies, a small knife, a pair of cull buttons, a pocket comb, a number of pistol cartridges and a newspaper clipping telling of the suicide of Frederick I. Stebbins, a Socialist who killed himself at Rochester, thc early part of this month. Tbe clipping gave the reasons for Stebbins' suicide and on thc margin of thc strip of pa per were written these words, "I say thc same, goodbye." It was believed by the coroner that the unknown young man bad killed himself by shooting himself In the head and then throwing himself in the river. When thc budy was found Friday only one wound, that in the temple, was dis covered, but when the body was stripped for a post mortem examina tion a bullet bole was found through his heart. An inquest was held Saturday morning nt thc city hospital and a full investigation was made. The two wounds, either of which would have cause Instant death, led thc jury to believed that the man was mur dered and thrown Into the river. It is thought that thc newspaper clipping with the words. "I say tho same, goodbye," written on thc piece of pa per, was placed in his vest pocket for tbe purpose of covering up thc crime of murder and making tbe crime one of suicide. The jury rendered n ver dict that the deceased, unknown to them, came to bis death at the bands of a party or parties unknown to the jury. Bia GUNS BURSTS, A Fatal Accident on the Battleship Iowa Thursday. A TWELVE INCH TUBE EXPLODES Several Seamen Killed and Wound ed. Tho Disaster Occurred During Target Practico Off Pensacola, Fla. A disastrous explosion occurred on the battleship Iowa Thursday while tbe vessel was at target pratico in the gulf of Mexico. The forward port 12 inch gun burst from the premature explosion of a si tell, 12 feet of tho piece outside tbe turret being demol ished. Three men were killed and live injured, two seriously. The killed are: First-class Seaman Kiele, Ordinary Seaman Percell and Gunner's Mate Berry. The injured are: First-class Sea man Gaugbt, Ordinary Seamen Trues- . dale, Brown, Mansdale and Parrucker. Thc men killed and Injured were on the second or gun deck at mess. Three pieces of tho exploded gun, each weighing over a ton, passed downward through tbe spear deck, falling upon - tbe men at mess, instantly killing the three named; All of the men were ' horribly mutilated. The heavy mis siles, after passing through the gun . deck, continued down to the third deck, where they came in contact with the armored deck, the heavy ., steel bringing them to a stop, thus saving thc engineers and firemen who were at work below. Although the upper decks were crowded with men, no one there was seriously injured. The explosion occurred just as the mess call had been sounded. Firing was to have ceased after the shot for thc dinner hour. The range had been set and thc Iowa was steaming along at a speed of 12 knots an hour, when Lieut. Heed, in charge of the forward 12-inch turret, gave orders to load and and fire. The time fuse was cut for tho range, tbe piece charged, breech closed and the word given to fire. Following the report of the gun there was a smothered report as the shell exploded midway in tbe gun and pieces of the bursted gun and shell were scattered broadcast. Three great holes were torn through the deck. Those who were below began coming up on deck, some bloody and mutilated, while lying on the floor crushed almost beyond recognition were thc three unfortunate men. The Massashusetts, six miles distant, was signalled for. aid, and one of the cutters put off with the surgeon and assistants. The wounded men were taken to tho hospital and "their In juries dressed. The dead were brought to Pensacola. Some claim the explosion was caused by a defective shell, and others think that tbe frequent tiring of the piece at Culebra during the winter, added with tbe work done here dur ing the past 10 days, so strained the piece that the force of the charge bursted the gun. A WOMAN IN BLACK. Strange Story That Cornea from the County Scat of Col loton. A dispatch from Walterboro to The State s?ys quite a sensation was creat ed in that town on Thursday morning by the arrest upon a warrant Issued by Magistrate J. It. Bryan of S. J. Fennell, a farmer and manufacturer of lumber, residing about six miles from the town, on charge of forgery. Being unable to give a bond of 8700 he was committed to jail. A mysterious woman in black, de scribed as quiet and handsome figures In the case. In fact, she ls the cblpf actor. It is? not known who she ls. What Is known Is that she appeared at the Farmers and Merchants bank at Walterboro on March 27, presented a check for $4:12, bearing the signa ture of W. O. Thompson, Jr., drawn upon the Bank of Hampton in favor ot one of bis married sisters, whom she impersonated, and received the money. The circumstance connecting Fen nell with the transaction is that he is known to have accompanied the wo man from Walterboro to Hampton, conversing with her the preceding day, At Hampton she presented a check for a similar sum, but owing to some error payment was refused. He re turned with ber to Walterboro the same day. Where she secured lodging for the night cannot be ascertained. Fennell admits seeing heron thc train, but de nies knowledge of her Identity. An other mystifying feature of the case is that the woman must have known thc extent of Thompson's deposist in the Bank of Hampton, and have been familiar with bis signature. Thomp son, who is now on a visit to Florida, might aid In clearing up the mystery of the "mysterious woman in black." Diligent cl?brts arc being made to find out who she is and where she ls. Triple Murderer HUIIK. Klosbowskl, alias Chapman, the Southwark saloon keeper who mur dered by poison three women who lived with him as bis wives in differ ent parts of London, England, was banged Wednesday In Wandsworth Jail. He was in a state of complete collapse and had to bc supported by wardens. He protested bis Innocence to the end, declared his real name was Chapman and said bc was an Ameri can.by birth. Died of Blond Poison. Thc Columbia State says Mrs. Robert M. Anderson, who bas been a citizen of that city for many years, died at ber home on Price avenue Wednesday, after an illness of two weeks. While out training a vine some time ago, Mrs. Anderson got a splinter In one of ber hands and through this slight wound contractr ed blood poison.