Historical Newspapers of South Carolina

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77t 'DO THOU LIBERTY GREAT. INSPIRE OUR SOULS AND MAKE ?UR LIVES IN THY POSSESSION HAPPY, OR OUR DEATHS GLORIOUS IN THY CAUSE." BENN ETTS VI LL E, S. C., FRIDAY, JULY 3, 1903. NO. 34 THE TILLMAN CASE. Judge Townsend Grants a Change of Venue from Columbia. BUCHANAN ABUSES THE PRESS. A Warm Dehnte Over the Selection ol' thc Place ot* Trial. Lex ington County Kliwilly Chosen. James lt. Tillman will ba tried fur the murder or N. G. Gonzales at the county seat of Lexington, beginning the third Munday in September, un less thc defense obtains another con tinuance. Thc order for thc change of venue was made by .1 migo Town send in thc criminal cointon Wednes day afternoon after thc argument was concluded and thu placo announce:! Wednesday morning shortly after thc court convened, in making thc an nouncement thc court said that he had given the nial tor much thought and liad Moally determined that Lex ington was thc proper place to hold thc trial. Thu .sherill' was ordered to have the prisoner there by the second week lu September, only the aftidavits used in thc change of venue proceed ings were permitted to he Hied, al though the prosecution desired to have those tiled also that, were used in the proceedings to obtain bail before Judge Pope. Wc present below thc argu ments of thc attorneys in thc case after thc affidavits all had been read: .arnon CJUAWFOKR'S A noir MUNT. Ju the discussion of such a case as this thc legal propositions should li rsl be given. This motion for ;i chango of venue should not bc granted unless thc showing is made very strong. Another proposition is that, the parties who come asking for tho change must have the preponderance of thc evidence; if there be au equal balance then they lose their case. The rule is that thc defence shall establish their point bi llie preponderance of the evidence. The question is, is the prisoner enti tled to a change of venue on account bf the local prejudice? And thc defend ant presents in stereotyped forms aiii davits saying that a fair trial could not be had. The defence lias presented to you a mass of atlidavifs, but there are some among t hem who arc people of lliis county. Thc others belong lo the migratory class: that is, thc mill populat ion. They arc not. people who cannot speak ''or Richland County. Upon this linc is thc one point for I he defendant. Such allldavits declaring nothing btit thc.belief of thc alliants have no weight in the determination of the change of venue. The mot ion must bc accompanied by nitida vit s based on facts, not beliefs: knowledge. not opinions. . Judge Crawford cited a nullifier pf cases throughout the United States showing that it in insulllcicnt tb obi ain -;Change on such opinions and beliefs, itf;auch,wiirc_tbcjrase a change could be procured from ono county loanotber, and in this manner the case could bc carried on indctlnitcly. The law must be resolved on principle and not mere ly on the opinions of everyone. Our Supremo Court has repeatedly decided that when a juror has been pul. on his voir dire and declares t hat, his mind is unbiased t hat juror is perfectly compe tent to sit on t ho case. lt was on account; of these beliefs .and opinion affidavits thal the Courts .of South Carol ina in the case of the .State vs Williams, declared, in 182.T, that a change of venue can he granted only when accompanied nv allitlavits in winch facts arc given, ls the jury of Richland Conni y to IK? impeached .before they arc put on their voir dire? Recause a few of the friends of Ibo vic tim subscribe to a monument fund should it then he said I hat. a ,'l'air I rial could not be got t en in Richland Coun ty? According to the case reported in :8th Kew Mexico thc me e statements of thc attorneys of toe defendant should have no weight with thc Court. That thc venue will not bc changed merely on the belief of the prisoner and Iiis friends that lu; can not, get. a fair trial is specitically slated by Bishop. Wc have shown to t he Court by atlida vits that over one-half of tho jurors drawn in this Court are from the country districts of t bo. cornily; there fore, the articles published in Hie Record could have no cITcct on them; as this paper has no country circula tion. The accused has made objection to the effect that the jury is made up of improper jurors. Ly t hc safeguards ?Of the law this is eliminated in such a manner t hat a juror who is biased can not sit on a murder I rial. Thc atlidavifs ol'thc prisoner re?ale lo the time when thc blood of fbi" vic tim was si ill on thc ground, but now, after six months have elapsed, to say t hat the people st ill harbor the malig nancy of vengeance-never! This peo ple in the rush of other occurrences have almost forgotten this trial. They bring extracts, written by a single; edi tor, and try to show Hint this indi vidual has influenced thc jurors of I his county. All ol'tin: witnesses for Hie State say that a lair and impart ial l rial can bo bad. Four hundred and thirty one allidavtts have declared that if there was any feeling aga ii isl .lames II. Tillman if has disappeared. Mr. Crawford then read tho letter from Col. Wilie .Iones, in which be says that Tillman can got a fair trial. This is t he only representative citizen who has made an allidavit for the defence," and he says I hat Tillman can get a fair trial now. There has been talk of violence to Hie accused. Why. Col. Tillman walks in and out of this Court room wit h as much safely as in his mother's home. The sworn statement of Senator .1. <,>. Marshall shows that there isas milch feeling in every part of the Stale as is in this cornily. There was some feeling against Col. Tillman at Hie 1 hue ol' I he killing, bul, t his has subsided now. If has been shown that, notwith standing the fact that Mr. N. (!. Cot? zales fought the accused in his race for Governor las!, .slimmer, Col. Tillman received more voles than any other candidate. The defence has presented you about lilly atlldavits from citizens ol' Lexington County, who declared t hal, a fair I rial cannot he had in IMch hmd. These people have not bing to do wil li Hie case. The defence musl show beyond ?i doubt t hat a fair I rial can not bc bad. Must il he shown hy the number of alli la vii sV Then we have them. My thc intelligence of thc alli ants? Then we have them liv their representative character: by thc varied occupai ions? U so. Iben the prosecu tion has the in': They want, lo show that by a few newspaper clippings thal, a fair trial cannot bis bad. A ll of the preachers of Columbia have given nltidavils show ing that, Tillman can gel, au impart ial showing. Thc'defence, wants to con / trad L?t their statement by showing that on tile Sunday after thc shooting prayers were offered to spare the life of this useful citizen. Mr. Crawford then read thcuamcsof some twenty physicians of the county, who mingle with* the masses more than any other class of citizens, all of whom sav, without an exception, that the ac cused can get a fair trial here. To show that the prosecution had obtain ed Hie opinion of all classes of citizens in thc county, Mr. Crawford went over thc names of the lawyers, doctors, county olllccrs, druggists, city otllchlls, count,)' delegation to tho Legislature, cankers, railroad men, about one hun dred and Hf ty merchants, and tho farmers, who swore that a fair trial could he had. There aro only 1,:.00 (j?talilicd jurors. Moth sides are limit ed in thc same way in tho drawing of Ibo jury. Tho other side present SM allidavils and wc have 421; this makes 7f>2 of the citizens whom Tillman would not have to fear; :?">1 who have made alllda vi ts for thc defence are not prejudiced against bim and the 421 who have stated specifically that il fail trial can be had. The iiOO remaining can liq pilton their voir dire and I am sure that an hn partial jury can lie gol ton. The rule Ol' tho Court is that you cannot decide whether au impartial jury can ho sworn in until they are brought up and put. on their voir dire. We cha I longo th? allidavils of Mr. W. 'I'. .Mart in and others, in which they state thal. Hie newspapers have published articles which were calculated to prejudice thc minds of flic people and lo hold I bc de fendant under public censure. Mr. Crawford wenl*on to say that thc news papers published herc, and especially I hi- State, had been especially temper ate and mild in their reference to lilli case. Mr. Crawford spoke for about, one hour and a half and closed with ?1 .st rong plea that the change of venue should not he granted. cot.. I*. 11. NKI.SON'S Altnu&lKNT. Col. I'. H. Nelson then spoke in sup port of the demand for a change ol venue. Col. Nelson spoke in a most eloquent manner for one hour, going over Hie legal phrases which are in volved in Hie case. Ile began by say ing that by the Constitution of Hu State a fair and impartial trial wa: guaranteed lo every man, and he pro posed to show that a fair trial coull not be gotten here. We do noli rely on the ailldavit ol Ibo defendant, bul on .130 allidavils o citizens of Richland County. Tin Statines of South Carolina, in Section 2.7.'5.r>, allows change of venue on Hu following grounds: "The Circuit Court shall have tin power I o change tho venue in all cases civil and criminal, pending Hierein and over which said Coulls have origi ual jurisdiction, hy ordering the re cord lobe removed to another conni; in 1 he same circuit. The applicatioi for removal must be made to thc .1 iidgi sitting in regular tenn hy some part; int crested, 01 hy Hie solicitor oft he cii cuit. or accused, supported by allirlavl that a fair and impartial trial cannu bo bad in the county where such at lion or prosecution was eommencet The Stale shall have thc same righ lo make applicat ion for a chango 1 venue t hal a defendant has in cases 0 murder, arson, rape, burglary, perjury forgery, or grand larceny: Provide" no change of venue shall be grante in such cases until a true bill has bee found by grand jury. Ten days' nolie, of such application in civil and clim nal cases shall bo given to thc ittlvcrs party, and if a change is ordered shall bc lo a county in Hie same jud cia! circuit." In State vs Coleman SS. C., 2:18 it hold that a motion for a chango 1 venue addresses itself to Hu; discrelic of the presiding .Judge. Thc chant of venue was granted by t he Circu .Judge, the Supreme Court sayin "While here upon very general atilda its as to Hie improbability of a fa and impart ial trial in the county which (hehill was found, the .Judi expressed ids willingness lo transl" case to another county in Hie circu except Picketts, where lhere would 1 no tenn of Court." in tho case of Carroll vs Carroll Charleston and Seashore Ila Mm; Company,01 S. C., it appears that on t he allidavit of the plaint ill'was sn milled, which recited two illistrin and thc great influence of the defe dani, tho Consolidated Com pan A gt) hist Hitit was submitted tho ai davits of none of t hc jurors and tl change of venue was ordered, thc Cou holding that it was in the discret!) ol" thc trial Judge to order the chan on the former trial. In the case of tho State vs Jones t defendant was convicted of manslaug ter and sentenced to twenty-io years. The case was appealed and 1 fcrred, and ordered to a new tri; Thc Slate moved for achango ol'ven and on single allidavit Hie change w g ra nt i'd. lu another unreported case .Iud Kershaw granted a change of vein in Fairfield County, on thc ailldav of 1 bree cit izens. In thc case of Crawford, in tl county, tho chango was grant cd Kershaw County because hf prc j nd caused by tho newspapers. Public feeling bas been so much 1 cited herc now that people are aol ally afraid lo make allidavils on ? count of losing t heir position in va ons large corporations. In thc Crsi ford case, although there were Ol len allidavils submitted for thc 1 fence, Judge Watts gran! cd t change notwithstanding t hc fact t l sevent y-eight prominent citizens of t county said that, a fair trial could got I en. Mr. Nelson Iben made reference tho atilt! vii 11of Mr. li'. II. Weston, vi said that bc was elected to Hie Legi.1 I ure in 1802. Mr. Nelson referred t o t bc mani in which Judge Andrew Crawford I read this allidavit, saying Ulai I Weston was elected in hard tin Mr. Nelson wanted thc Court lo kn thal these haul times referred to\ Hie bil ter light between thc Ti I liri ii.'s and Conservatives. Although belonged to thc latter side, he was afraid lo say that such a slate of f< mg existed now and that noone more to cause this than the late edil N. C. i ??nzales. Some si ress was pul on t hc al?ida of Iridgc O. XV. Huchanaii,in whirl refelled io a con versal ion holw Mr. Nelson and County Auditor ll. Gibbes. Mr. Gi blies had alw I.II a close personal friend lo Gonzales and be did not blame bim bis bil ter feeling towards M r. Til lin Your Honor will also take judii cognizance of Hie Act of 1002 sit, p I,OliO, where the duty is devolved ll the county t reasurer, thc county ai lor and clerk ol' Court, of Conni I Pleas and Ceneral Sessions of select I and .drawing jurors in t hc (Jin ( loons of t bc State. Mr. Gibbes lng county auditor lhl> duly de vol upon bim. in thc case of State vs Sullivan S. C., 400: The Judge on being i vinced that a fair trial could not had by reason of Hie intcrestedncf one ol I lie olllccrs who drew Hie ju thc Court saying that, it was well set tled that the jurors must be returned by impartial and disinterested uiliccrs --and that one of Hie olllcers whose duty it was to rc Mini the panel was a relative of thc deceased, and impartial, and as some time would elapse before, his term of ofllce would expire jarid thc defendant being entitled loa speedy trial, a change of venue was ordered. Attention was called to the fact t here were no coses reported in South Carolina Jourts in reference to news paper publications. In New York several cases were cited where changes of venue were given on account of n?wspaj cr prejudice Tlie allldavitsof Mr. A. 13. and Mr: \V; E. Gonzales do not deny that on t he day after the not ice for change of venue that there was published an editorial entitled "Only Criminals Kear a Fair Trial." This was done only to alfcct tho minds of thc people. Tho prosecution says tl lat. the minis ters did not refer lo t he case from their pulpits. Mr. Nelson then read sev eral extracts from the prayers that were offered on thc Sunday after thc shooting. Every single allidavit pre sented hy Hie defence shows lint, Col. Tillman cannot get a fair trial and they also st ate thu reason why be can not get a fair t rial. Washington A. Miarle" lias called (?onza Irs a mart.yr and Tillman an as sassin. The same is t rue ol' .lohn .1. Mc.Mahan. Thc newspapers have pre judiced ?lie m rinds of these people by publishing numerous facts in regard to this ease. Tins defence has not- only made reference to these art ides, but has presented these clippings tu thc (.'ou rt s. Mr. .1 list iee Met'all of New York, in t he case of People vs Hoffet t, granted ii change of venue on the ground thal the newspapers had prejudiced tho minds of flic people so much against UK; prisoner. These cases are oiled to show how similar "cases have been treated in other Slates. Col. Nelson then read several similar eases to thc Court, showing that changes of venue have heen grant ed on the ground that news papers are sufficient, lo prejudice the minds of pe pie so much as lo prevent a fair 1 rial. In (dosing Col. Nelson sahl thal it had given him no pleasure lt) nuilee the criticism of those with whom lie bad formerly heen friends. I le was always willing to give I ho deceased edi tor t he credit or believing that be was right and did not now want, to change his course. MK. ItULMNOKIt's A KU UM IS XT. The next argument was that of I3x Att?rney Genend (i. Duncan Hollin ger. A thorough review of the case was made by this distinguished at tor ney, who began by refuting the argu ment presented Wednesday by Col. George .lolllistone for the defence. Ile said: Has there bee? any fae I presented hy which you can lorin au opinion t hal tlie defendant cannot get a lair trial in tliiscounty? Tlie same legal principle which pre vails in a jury fri that flu: Slate must, prove ils case oeyond a reason able doubt, docs not prevail at all in this j lld leal Investigation. The ques tion is: Can .billies H. Tillman re ceive a fair trial in H ich land County? ll is a well-known principle of law that a defendant must lie tried at the place in which the crime was- com mitted. In olden times it -vas the cust om roi tue wilivissesora crone th decide on the case. The idea of change of venue is a comparatively new thing in law. Col. Johnstone said in bis argument that two-thirds of t he atti davits made by thc defence were those of well-known citizens of lt ich'and County. This argument is illogical and a Circuit .bulge knows one man like anot her and supposes them all to be fair-mi tided. When Hie defence says that Mr. W. A. Clark, .(. .1. Mc.Mahan and W. ll. Lyles ailinn that the defendant is a murderer i his does not debar t hem from saying he can receive it fair trial here. They do not allege I hat these gentle men would lie: that their prejudice bas carried them so far that they can not, tell Hie truth. The prosecution rloes not ina kc thc allegation that thc three hundred and (ifty men who madeMilitia vii s for the defence would give .lim Tillman anything hui ? 'fair trial. The four hundred and lilly al liants for thc defence, wno swore t hat, Tillman could net. a fair trial, certain ly won kl give him justice. * Thc Cot?zales brothers and .lames A. Hoyt, wiio were so much attached to Hie dead editor, would not sit on the jury. Gen. Ucl linger made reference to the case of tlie State against Williams. At t hat t ime holli sides could object to twenty men and the Stale could stand aside thc entire venire. Since then every change in Hie criminal trials bas been made in favor of Hie defendant. Cen. Hetlinger said that in his long experience lu; hail never seen cei l ?lied extracts of Circuit .Judges' opinions referred lo. Tliej should haye no weight whatever in this case. The allidavit made hy Mr. .lohn I'. Thomas, in thc case of Crawford,"who killed Mrs. Isahella Stuart^ for change of venue, was read oui in full by Gen; Ucl linger. He brought out the fact, not read hy Mr. Nelson, that at the lime of I bc killing there was a great uproar in Columbia; people liad as sembled on thc street to lynch Craw ford and it, was only by hoing protect ed by two military companies that bis life was spared. Ile contrasted ibis to Hie state t hal. existed when Mr. (?'..li za les was killed. I n answering 1 he reference brought out hy Mr. Nelson concerning Ibo conversation which occurred with Mr. W. II. (iibhes, be said t hal the cases decided hy the Court wen* not for change of venue, Imf were those in which mol ions have heen math: to quash the indictment and challenge Hie array ol' jurors on ac count of the illegal (Irawing of jurors. In the case of Sullivan, where Hie sheri ll", was just elected if would lia vc been four years before I be defendant could have gotten a trial, and in (bal case Judge mciver granted a change of venue. As the law now stands twofoin mis sioners can draw Ibo jury and il is liol necessary for a change of venue on I his ground. (Jen. Hetlinger then went over Hie affidavits presented by thc defence. Oho of the affidavits makes an in sinuation thal a Norlhem paper bad made suggest ions 1 hal a fund he raised to prosecut e Til lu?an. These allidav its are so prejudiced for the defendant that they can lia ve no force willi the Court. They furl lier sl ate t hat citi zens of Richland have c?melo them saying I hal Tillman could not, get a fair trial in this county. These affida vits seem tobe merely suppositions and arc not based on facts. if forsooth under these trying cir cumstances Hie publishers of the Stale should say something that is not discreet in reference lo this case, would Hie defendant, he deprived of getting a fair t rial here? Indeed it has been said throughout the whole Slate of South Carolina t bat, Hie liews IContinued on page I. | THRILLING- STORY From the Records of the Corps of Gndets of tho VIRGINIA MILITARY ACADEMY. Iii the War of Soul hoi n Independ ence. Thc (Julian! Clunie ol' thc Hoy Bat till ion nt New Market. lt is a record unexampled in his tory, this story uf some two hundred and twenty-live, boys, under 18, par ticipating in a sanguinary and h?rd fought battle, where the service they rendered was so timely and eiteetivii, that it materially contributed to the fortunes of the day. Ju the monti) ol' May, 18151; three! battles were fought on the soil of Virginia; Two were on thc eastern side of the Hliie Ridge Mountains, and one in the famous Valley of the Shenandoah, where still walked the wraith of Stone wall .hickson, dead aL Chancellorsville the May previous. Thc gigantic con flicts of the Wilderness and Spottsyl vania Court House, May f> to 7 and May .s to 18, which lill so large a space on the canvas of one of the world's greatest wars, would inevitably throw into thc shade the small hattie in thc valley, but for thc romantic circum stance that on the Confederate side i'j was partly fought by the cadets of thc Virginia Military Aoadtute. Vet the battle ol New Market was in itself rio iusignilicant factor in thc defence of Virginia and the protection of the Confederate Capital. The Federal general. Sigol, who had established himself at Winchester, in April, liada force of about 8,ooo in fantry, 2,?00 cavalry and three or lour Held batteries, and was making ready for a forward movement. To meet him, Gen I in budlu, of the Con federate cavalry, who was in camp in Rockingham County, over seventy miles from Winchester, advanced with a force of 1,102 men and 100 scouts, who operated in Sigel's front and rear. The "reserves" of Rockingham and Augusta counties, about 1,000 men, were notified to bo ready at a mo ment's warning to join J mboden, arid tile same order was sent to the com mandant of thc Virginia Military In stitute. Imbodcn's skilful tactics granted him a respite of several days, which enabled Cen. I'rccklnridgc to reach him from Southwest Virginia with 2,f>00 veteran troops. Ureek inridge then took command, and the battle of New Market was fought on the I?th of May. Tho scene of the conflict a little village with a,popidar I tion/.of on^tUpjisttp-jtBi Ri") nj sj? ucs "7. '?JctwoetTthc mountains and the river, in Shenandoah County, its undulating ground smiling with orchards and gardens and fertile fields of grain. Tlie cadets left the Institute on the 11th of May. They were up before daybreak making their preparations, and, after ?tri carly breakfast were on tile mareil. With the ardor of youth they went joy fully to thc fray. One of them, ten years later, recalled thc sensations of the hour "as the most joyous moment of his life." The boys iii their gaycty and exuberant spirits shouted and sang and whistled as they j swung along, all of them joining, now? and then, iii the chors of some favorite air. Arrived ~t Staunton they had yet forty miles "o make before reach ing Mew Market. It proved a long and toilsome march altogether, of lour days' duration, through falling rain and wet fields and mudy roads. Rut the battle day dawned bright and beautiful, though a terri lie thunder storm came later, mingling its terrors and grandeur with tho thunder of thc guns. The boy battalion on their ar rival were quickly in line, having boen assigned a central position so as to be as little exposed as possible. The gallant Kentuckian iii command, gentle and brave, and ono of tho handsomest men to lie found In cither army, on whom had fallen the man tle, and with it thc spirit, of Stone wall .1 ackson, looked tenderly upon tile youths, called from their stu lies to face a field of baffle, and would iain have spared tiiem thc llcry ordeal. Riding up to thc -adel corps, just before thc engagement, his graceful and commanding ligure a conspicuous object, on the Held, Cen Ureekinridge said: "Young gentlemen, I hope 1 will not lia ve to call u pon'you to-day, but I know If I should bo obliged to do so that you will do your duty." And nobly did they respond to this expecta tion. Tile battle was progressing successfully for the Confederates, though stubbornly contested by the Union forces, when a terrible lire mot lt reek iii rid gc from ono of Sigel's batteries, which was on elevated ground, doing much damage to thc Confederate infantry, lt was then, at about 2 o'clock in the day. that tile cadets were called info action, though they had already suffered several casualties from random shells. Thc boys, with tho agility and en thusiasm of their years, outran the veterans who were alongside ol' them, crossing a deep and rock gully about three hundred yards from the battery, under Hie concentrated lire of its six guns, plunging through thorns and briers and over fallen logs and slumps of trees. Then they waited for thc 02(1 Virginia regiment some two or three minutes, keeping their forma tion witii wonderful coolness while the battery was doing its deadly work upon their youthful ranks. When tile order was given to charge, the en counter was soon over, though the gunners stood gallantly to their guns until overpowered. A cadet mounted a caisson and waved from it in triumph tho Virginia Stale Hag, the colors of the Institute, rousing a wild yell of triumph from Hie Confeder ates. Thee was then a general advance along the whole line and the battle was won. Thc cadets, out ol' two hundred and twenty-live lost dight killed and forty-six wounded. Con. Sid pp had been struck down al a critical point in Hm charge and to ! Capt Henry A. "Wise, one of the assistant professors, a young man not much over 20, a nephew and name sake of Gen. Wise, had fallen the command of the battalion. Capt. Wise tells how, amid the noise and ex citement, a tap on the shoulder arrested Iiis attention, and the news came from a oomradc that their colonel had fallen and lie, as senior, otllcer, must take his place. Thc Utile confusion that had arisen when Cul. Shi pp was carried lo thc rear was soon checKed and Capt. Wisc had his command well in hand, showing con spicuous gallantry, coolness and de cision. When the battle was over Capt. Wisc had eight bullet holes in his clothes, though hu could not rememher how any of them came there. And he relates that both thc tails of his long military coat were cutaway. In the two large pockets were his pipe and tobbacco pouch, and the pipe was broken, but a piece ot' it remaining. One of his lingers was temporarily injured yet ho could not recall how or when. And to his memory afterwards the act ion seemed to have occupied but a lew minutes, though he knew that it had been much hinger. Of one thing at, thc end, however, he had a vivid iva liz i lion-- that was the need of a new pair of pats, as his own were so cut and torn. Kor this purpose he went over tho haltlelich! to lind what ho lacked on Hie fallen forms of his erstwhile foes. Ile consoled himself for any impiety hi "robbing* thc dead'! with the reflection that he was taking what was no longer of any uso to the lifeless wearer, being a very tall young fellow, it, was some time be fore ho found a man of Iiis own height, and then he discovered, as lie at tempted the. task, what a ditlicult thing it is to take anything oir of the rigid forms ol' the dead. Ile. called a soldier to his assistance, who, in his turn, appropriated the poor man's shoes. The p ints were carried to an old negro washerwoman to be well boiled ami "plugged" whore a ball had gone through them, anil then Capt. Wisc had the host pair of pants in the battalion. Capt. Wise has been for many years an honored citizen of Baltimore, Md., where he is connected with thc public school system, and has made a reputation as an accom plished educator. Many touching anti some amusing anecdotes are told ol' Hie boy soldiers and their prowess. I Jen. I ni boden re lates that Col.. W. C. Lincoln, of the .Mth Massachusetts, was very badly wounded, and bis horse having been killed, ho was caught, under him. in this helpless plight he r ; fused to sur render to a'cadet until thc cadet threatened to run him through witli his bayonet. And the Incident is re lated by Capt. Wisc, of a cadet who called to a Federal ollicer to surren der, and the otllcer, who despised his pigmy adversary, refusing to do so, the boy discharged his musket, in dicting a fatal wound. "Oh, mister!" oried'thc. -tender-hearted youth, as he Vrward. todiclp his dyjog -foo,tiU am ^rry^^wW'y?UTr-^^A?i^ft?Xu-il' Tool v.as I," replied thc other, "not to surrender!" A small cadet, cager 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 my self!" But thc Captain shrewdly sus pected that thc soldiers were on the way to surrender themselves when this doughty young gentleman came up with them. Cadet Charles Carter Randolph; a cousin of Gen. Lee, was thc youngest boy in thc battalion. At the agc of fourteen he had entered thc Confederate service in a cavalry company from ins native county, Fau quier. lie reported to Gen. '.Jackson as courier before the battle of Slaugh ters Mountain, and carried orders for him to the front. But he was so small Gen. Jackson recommended that he be admitted as a cadet in the Mili tary Institute. At thc battle of New Market it is said that a Federal ollicer refused to surrender to him until thc brave youth showed li is readiness to use the bayonet. Ile was soon after wards desperately wounded in the head, so that his life was desplred of, and it was fully a year before he was able t.' return to the institute. He ls now a clergyman in the diocese of his near.relative, Bishop Alfred Ma gill Randolph, of Southern Virginia. Among tile cadets who were in the batt le was the yoting son of the Con federate Secretary bf War. Mr. Sed don. The story is told of Cadet Sed don 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 tho march. Gen. I mboden had a boy brother among these little heroes who was knocked down and disabled for thc time by a spent canister shot. Among thc cadets who gave up their lives at New Market, Cabed, S tana rd, Jelferson and Wheelwright were especially noticeable for their nobility of character and Christian graces. Cadet Cabed was thc eldest, of two brothers who were in the bat talion, and his unselfish care and soli citude for Iiis brother, their mother's darling, was remarked upon by his associates. Oh the night before the battle hu told a comrade of his fears for the boy's safety, then went apart and prayed for his brother, his com rades and himself. And on the mor row he was taken and his brother left! Jacqueline Beverley St a nani lived for sometime after receiving his mortal wound, and be sent to his motlier messages of love and farewell: "Tell ber." he said. "1 fell where 1 wished to fall, lighting for my coun try) and 1 did not light in vain, '?'ell my mother I die with full confidence in lily God; my loved ones must meet me in Heaven." And when from the battle Held tho distant shout of vic tory fell upon his car, a radiant .smile lit up Ids countenance and willi a fervent "Thank Cod" tho young hero "fell asleep." Thomas Garland Jefferson, Of the same family as tho author of the I Declaration of Independence, who had received the summon to battle as to a banquet, displayed a Spartan forti tude as he lay bleeding on thc Held. To two of his companions who linger ed lo give liim some assistance, he re plied, pointing to the advancing line: "You can do nothing for me; go to Hie front; there is Hie place for you." Cadet Wheelwright, who at thc agc of M had displayed remarkable cour age and daring in assisting in thc capture of a vessel from some trai tors who had seized lt, waa the young est of three brothers, two of whom were in the Confederate army. Think ing to preserve their Benjamin from thc fatalities of war, his parents sent him to the Institute, and he alone fell a sacrifice. Surviving until the 2d of June, he bore his sufferings with the utmost patience and heroism, sending messages to his family of Christian hope and resignation. An Incident that has been classed as touching thc "high water mark of American heroism" is related of one of the cadets at New Market. Lieut. Carter Berkeley, of a Confederate battery, was passing over the battle licld when he attracted by the c-ies of a mere lad, who, grievously wounded himself, was apparently unconscious of his own condition in his distress over his comrade. Ile sat with thc latter's bead upon his breast and cal Ld to Lieut, berkeley: "Sir, do get mc a doctor, for my friend is wounded." "My poor boy," replied the offlcer, your friend is dead, but I will get a doctor for you." They were, indeed, all worthy bf their race, many of them being of gentle lineage and bearing historic names, in the noblest meaning, thc "golden youth" of the Old Dominion. And among the cadets there were representatives also of the best blood of some of thc Southern States. Some years after thc war a Northern man came to thc Institute to enter his young son there, saying to thc commandant: "Sir, 1 was an olllcer in the Union army at the battle of New Market and was a witness to the bravery of your cadets, and 1 resolved then that if I ever had a son he should bc educated in this school of heroes!" Among the cadets at New Market was a young Israelite, born in Rich mond, Va., now thc world-ronowned Sculptor, Sir Moses Ezekiel, of Home, italy. To bim, mast appropriately, was consigned tho execution of thc monument to bis comrades, the cor ner-stoue ol' which was laid the 15th of May last, and which will be un veiled June 2.'1. lt occupies a beauti ful position on thu parade ground of the Institute, in front of the entrance to the Jackson Mcmonrial Hall. At the cemetery of thc Institute are the graves of thc young heroes whose fame thc monument commemorates. "Sleeping, but glorious, Dead in fame's portal, Dead, but victorious; Dead, but immortal! They gave us great glory, What more could they give? They have left us a story, A story to live." Kate Mason Rowland. t s I a c t s M t ti C e ll li I n e 1 o h s s '1 B ll I c ? ii t 0 n 1< SI 1 I a t< t, t t v b a t t 8 V P t fl c tl u p ti ti ?I IS tl fe tl V St o: StroiiK Mun Bailly Injured in Trying | < a to Out juill Morsen. I:l d A NewvXork- disp^teh^'pr^e^^! strong man, will be crippled for many weeks as a result of the accident at the Plattdeutscher Volksfeast at] Ridgewood park when two horses he was trying to pull together almost torc his arms from their sockets. It is likely that he will never regain his former strength. The act which Miller attempted was to strap himself to two powerful horses and drag them together by sheer muscular force. Two big bre wery horses were taken to the park for the test. Miller strapped his hand into loops that extended to a stout harness I around the horses, one on each side I of him. A great crowd watched him as he strained every muscle of his powerful body, but the horses did not | f< budge. The crowd cheered, and the horses, frightened by the noise, started to I move in opposite directions. The! grinding of thc giant's bones could be plainly heard, his face was drawn with pain until, when he could bear it no longer, be called for help. Men rushed I upon the platform and stopped the | horses. lt was none too soon; for the man's arms hat! been pulled from the I sockets and thc flesh broken, letting thin streams of blood course down his arms. A physician was soon with! him, and after putting the dislocated bones back in place bc allowed bis patient to go home. Now bc is un able to use either arm, and the doc tors say it will bc a long time before1 be will he well. FULLED ARMS FROM SOCKETS. HiiiMiiiKM Destroyed. The most spectacular demolition of buildings in the history of thc world was begun by the Pennsylvania rail road Wednesday in thc very heart "Of New York. Four hundred buildings, including three churches, a hospital and a charitable home, will bc made] one grand ruin in order to erect a mammoth station in connection with that road's funnel project from New Jersey to Long Island. A Mig M up. A ten-acre map of the United States will bc one of the interesting features of the St. Louis Exposition. lt will be out of doors, on the ground, and paths for visitors will make the boundry linos of States. In each sec lion will bc growing its chief product -corn in Kansas, rice in South Coro lii?a, etc. Au exchange presumes that it, will bc kept padlocked to prevent any violation of the Monroe doctrine. A mimi Preacher. A special dispatch from Columbus, Ga., to thc Augusta Chronicle says Charles Noble, a blind young man, was given a license to preach by the Columbus district conference of thc Methodist church. He v/as left an orphan eight years ago. He entered thc academy for the blind at Macon, and since leaving there has been studying hard for the ministry. A .intimo in D?nger. A special from Jackson, Ky., says Judge Cardwell, who presides over the city court there, and who lined two men brought before him on the charge of Hiing Capt. B. J. Ewen's hotel, bas received notice of threaten cd assassination, and has taken up bis residence in lils store. He will bc guarded by militia. ANOTHER SCANDAL. Hie Department of Agricultura tn Now Mixed Up. A special dispatch from Washington w The State says scandal in . the agricultural department has just been nought to the president's attention md another cabinet olllcer has re el ved tile presidential pronouncia nento-"Get at the facts." Exten Ive frauds arc charged in connection vlth the letting of government coh racts for seeds. Evidence has been lied hefore thc court of claims in the ase of the New York Market Garden- 1 rs' association which so seriously re- 1 ects upon the seed distribution 1 inreau of the agricultural department , hat' the president could not let the natter pass unnoticed. From thc ] vitlence already produced it looks as , f the government had been defrauded ? f large sums of money appropriated y congress for yearly "seed dispen ation" as a result of the action of j ceri li rms in violating their contracts. ' .'he New York linn alleges that the . overnmcnt still owes it over 818,000 mder the contract for furnishing seed j ur distribution. On thc face of the vidence produced it appears that the ! overnmcnt has lost a small fortune , ii thc transaction and the facts point . u gross carelessness if nothing worse n tha part of ofllcials of the depart- < icnt of agriculture. Here are the facts as developed: . 'or thc purchaso and distribution of ?eds congress appropriated 8108,874, 8. Of this amount the manager of ? lie New York Market Gardeners' , ssociatlon, Arthur G. Neills, ls said j f> have received 380,574,3"?. It ia lie balance of 818,000 that the associa- 1 ion claims. In thc counter allega ion it is contended that Mr. Neills , iolated a previous contract in 18U8, | ut that despite this fact he received , second contract in 11)00. Among ! bc charges against the contractor are j bat among his seed packages were of ' hort weight; inferior quality of seed I rere sent out; thc cheapest kind of t aper employed; shipmentsdelayed, al- . bough the law provides a fine of 825 ir every day's delay; and that an ottl ial of the department of agricul- i ure was interested in the machines sed in the manufacture of seed ackets and that government inspec- [ irs allowed packages of short weight c J pass unchallenged. The law requir- ^ :1 that packages bc shipped early in ? tovember but as a matter of fact ^ jeir shipment was delayed until the j dlowing February. It is believed c :iat thc investigation ordered by resident Roosevelt will develop ? jandals involving the whole question ?, f seed contracts and tLc prospect is 1 nat ofllcials in the department of t griculture will be, facing the music fter it has died out at the postotlice e epa rt ni cot. ^ ,??:... : Pl^gU^u^^ C The Carolina Spartan says: 1 'Peo- ? le have an idea that tbey can bring J nit for damages against acorporatlon k ir real or fancied grievances. A man c y the name of Seawell brought suit t gainst the Seaboard Air-Line because 8 dole awaiting at the depot at Shelby, * ?. C., some rowdies pelted him with ggs. He got a verdict for 84,500. 'he persons attacking Seawell be mged to one of the railsvay gangs, j f that decision holds, all employes In t ?orth Carolina may be held respousi- a le for any insult or injury indicted l y an employe. Many of the verdicts I gaiust corporations are legalized I obbory. If a set of section hands r. Iiould Insult or attack one passing by e hem, the road employing them would JJ c held liable for damages. Floods y nd verdicts in damage suit are pr?t- t y hard on railroads these days, lt s x)ks as if damage suits could go no c urther than that Shelby case, but j he Ingenuity of the people and the c. kill of attorneys will no doubt con- ] inue to ferret out new causes for i lamages against corporations." The j ?partan is right. Corporations should < ic held to a strict accountability, but ? hey should not be robbed under all ort? of pretexts. 1 To Ilcclnlni Went Virginia. The Columbia State says Gov. Iley VAX? has received an interesting letter rom George E. Gladden, a member f the legislature of the State of West ,'irginia. In writing for a copy of the lection laws of South Carolina, he ays: "Wc expect to reclaim West Vir inia's good old Democracy at the :eneral election of I90J and if we suc eed we want to establish election and egistratlon laws in order to eliminate he negro vote. This would also kill he Ignorant white vote, largely Rc lublicrn, flowing into the State bc ause of its industrial devlopraent. L'hc coming of the element into our ?tate Is what carried lt Republican. Ult since Republican rule is greatly n the wane we have good prospects o carry it for Democracy. If such bould be the case wc expect to enact neb laws as would hold it in line for ll time." A Huco Wot. At Wilmington, Del., a riot broke nt Thursday night between whites nd negroes which for a time assumed erious proportions. The arrival of a quad of police, however, quickly dia >erscd thc participants. Two arrests .?ere made. A gang of negroes num lering probably two hundred who had ?cen marching up and down Ninth trect were challenged by about twen y-tive white men and in the battle hat followed over a hundred shots vere exchanged. A squad of polic? nen nuder Captain Evans and Sergc ,nt McDermot rushed to the scene and barged upon the mob. The negroes .nd whites scattered and lied in all lircction; but the police succeeded in apturing two negroes. Several per ons w?rc wounded. Another Iijncliiiifr. A mob of fifty masked men Thurs lay morning hanged Jack Harris, a legro, to the porch of a building in ,hc suburbs of Clarendon, Ala., Har 'is assaulted and seriously injured lohn Coburn, a white farmer, who ives about eight miles from Clarendon. The assault was committed Sunday ind Harris captured thc following. Thc mob foiclbly took him from the ?ustody of thc sheriff and hanged him. ENDS HIS LIFE. A Doomed Negro Murderer Cheats the Gallows BY TAKING POISON IN THE JAIL Where Ho Was Closely Confined . Awaiting tho Ven/?cnnco of the I jaw Tor His Hoinous Cn mo. John Brownfield, the negro who mur iered Deputy Sheriff Scurry at George town in September, 1900, and who was bo have been hung last Friday, com mitted suicide in his cell on Tuesday, June 22, by taking poison. The Char eston Post correspondent says it is not known how he obtained the stuff with .Tblcli be killed himself. Tbero has been some talk of the possibility of the :ondemncd man taking his own life iud cheating the gallows, but there ,vas little expectation of his being able to accomplish it. Brownfield made i remarkable tight to escape tho gal ows and carried bis case to the Su )reme Court of the United States. He lad exhausted every resource to save ils neck, when finally he took his own Ife in the very shadow of thc gallows. Browniield killed Deputy Sheriff scurry on September 30, 1900, resisti ng the deputy's undertaking to arrest lim in a barber shop. The killiug caused great excitement and a posse vent to the woods and captured brownfield and brought him to jail. Chere was some talk of lynching and jbe negroes began to gather from the surrounding country to prevent any ?ucli proceeding, and afterwards with ihe purpose rescuing the prisoner from Hie Jail. Thc situation became very ?ad and there was imminent danger of i race war, when Mayor Morgan ap pealed to Gov. Mcsweeney to order out .he militia. The Georgetown com ?anles and Major Schachte's command rom Charleston were quickly brought <o the scene and their presence estab ished order and the trouble quickly ubsided. Brownfield was tried and convicted ii December, 1901, and was sentenced o bang, but he appealed to the Su ireme Court of the State, which sus alncd the judgment of the lower ourt. His case was then carried to he Supreme Court of thc United ?tates, which denied his contentions >f denial of constitutional rights, clos ng thc last appeal tribunal to the nurderer. On last Tuesday the nc ;ro was brought into courtaud finally entenced ,to be hanged on Friday, !0. ?He asked that Mayor Morgan and .bree prominent citizens of George own would see him and to them he ippealed for influence with the Gov :rnor to have bis sentence commuted o life imprisonment." Tiley declined to ho ; I ihdeavor to enlist tho sympathy of his .ictim's brother, G. W. Scurry. Mr. ?curry refused promptly and emphati cly to raise his hand in the negro's ichalf and declared that he would pend every dollar he had to bring his irother's slayer to justice. A Florida Tragedy. Wi B. Hunter and Mrs Cephas Diland were killed and Cephas Elland >adly wounded in a shooting affray ?tSprink Lake Fla. Wednesday night. Dlland and Hunter are brotbers-in aw, but were not on good terms, lunter was in Brooksville all day Tuesday attending Court, ne left arly in thc evening and instead of ;oing directly home went to Elland's. iVhat occurred there is told by Elland, ?he only survivor of the tragedy. He ;ays Hunter being under the influence >f whiskey, began using very profane md abusive language in the presence if Mrs Eilaud. Eiland ordered him to eave. He puled his pistol and began iring at Eiland, who returned the fire. Mrs. Eiland sprang between the two while they were shooting and was in stantly killed in the presence of her three little children. After eraptyrng lils pistol Hunter ran a short distance md died. Eiland is badly wounded Fourteen Centn Cotton. Thc Anderson correspondent of Che State says the Cox Cotton mill of Lbat city sold 100 bales of cotton last sveek at 14 cent per pound. The cot ton was of the upland long staple variety and came from the Mississippi nilton) lands. It is known us the 'Mississippi Bender." This cotton usually sells for I cent to 1 1-4 cents liigher than the ordinary short staple Che Cox mill had more cotton on hand than was needed to run until tlic new crop comes in, and as a fancy price was offered it was decided to sell i part of it. The cotton was bought for 10 cents and some of lt for less, so i handsome price was realized. The mill still has on hand enough cotton to run on full time until the new crop jomes in. Boston menaced. A new terror now menaces Boston. Somebody claims to have discovered,by scientific methods, that the city is dowly sinking to sea level. It is asserted that there has been a drop of Df about a foot in the last ninety years, and thati the depression is steadily going on. But, in view Lite weight of Boston intellect, the wonder is not that the city is being mashed under, but that lt has held up so long. Knew Its l Ominen*. When a garter snake winds Itself around thc leg of a young lady lt ls an Indication that it understands its business. Such is reported to be the sase In Pittsylvania county, Va. Miss Eva Wright was swinging in a ham mock when she discovered thc reptile, lt was only 15 inches long and harm less. Gins for Porto ltioo. A dispatch from Vorto Rico says live cotton gins have arrived there from the United States and will be immedi ately installed. They arc the first gins to reach I'uerto Kico In 40 years. The cotton plantations of the island now cover 11,000 acres and thc aerea is be ing increased weekly. San Juan has been chosen as thc centre of this trade.