University of South Carolina Libraries
TWO DIVORCES i ? i Figure in the Life of Millard, i i Charged With Bigamy. ? HE NOW ADMITS THIS In Written Statements Which He Made Concernios; His Previous Matri monial Ventures, and Which Are Produced at Prelim inary by ProsccuSoo. v The preliminary hearing, in the ces of Kenyon V. Millard, who was ar rested April 21 charged with bigamy and who has been contlned in thc Orangeburg county jail in default of t500 ball, was heard Tnursday mim ing by Magistrate C. P. Brunsoc, who Issued the warrant for his arreit. The prosacutlon was represented by Mr. R. L. Weeks of St. George and Hon. T. M. Raysor, while Mess?? "Wolfe & Berry and Col. Thomas 1<\ Brantley appeared for the defendant. It had been understood that M J lard would conduct bis own defense, u-^d lt was learned that thc counsel for thc defense bad been retained by friends of Millard, who reside in an other State. As is usual with such cases, lt at tracted undue notoriety and Magis trate Brunsou's ellice was packed to suffocation long before the lime ap pointed for the heating. In fact, the room was so crowded that there was not room sullloient for those involved in the case, and the attorLojs were forced to ask that the room be cleared before they would take up the case. Miss Kenyon, who recently married Millard, wa? the only witness for the State, aud the occasion was very mor tifying to her; while Millard, who was .brought lntoyourt looking fresh and in good spirits, snowed the tllect of the strain before an adjournment was was reached. In addition to Miss Kenyon's testi mony, the State entered as evidence three letters written hy Millard io Miss Kenyon since his 'ucaroeraiion, while the only evidence offered by thc defense were one telegram ano four loiters received from Miss Ken yon since their hcparaliou, ai_d also a letter from the cleik uf the curl of Osceola, Iowa, with reference to a di vorce granted Louisa Mtllaid in 1SS0. This correspondence was so volumi nous thai nu effort w..s made to rea/* it at the time, but M;.g;-.trate Brun son will reid it caretuily and cither announce bis cccihit u at a laior date or lix another time tor hearing the arguments by attorneys for both sides. Meanwhile Millard has been remanded to jail pending tho magis trate's decision in the matter. The contention of Hie attorneys fur the prosecution is that toe interlocu tory divorce granted Mts. Ada Mil.ard December 4, 1904, pn vents either party from marrying lor one year thereafter, while the defense holds this to be a mere technicality, inas much as Millard had nut obtained a copy of the decree and was ignorant of Its restrictions. TUB ONLY WITNESS. Miss Sallie E. Ken) on, whoso mar riage to Millard has caused the trou ble, was the only witness examined. She was questioned by Mr. Weeks. She testified as to her marriage lo Mil'ard on April 10, which was per formed at Orangeburg by the Kev. E. M. Lightfoot. Slie met Mihard on April ti at her home in St. Georgi?. They were not engaged at that time. The engagement was the result of several'day's association. Millard did not tell her that he hud been previous ly married uutil after they had bs comc engaged to be married. He stated to her that he had a living wife in California, from wliom he had se cured a divorce years before, after having lived with lier only a few days. After his arrest he told her more of his married life. Stated that he had live children by his California wife, and gave as his reasons for not telling her of this previous to ihoir marriage that he was afraid witness would not marry him, He denied that he had ever been married other than to the California wife. Witness has received three letters from de fendant since he was cummitted to jail and separated from her. These were put In evidence. On cross examination by Mr. Wolfe she explained the fact, thai his letters to lier were addressed tu '"Rebekka," while the letteis she had written to him at the jail were addressed to "Isaac." Tins was due to thc sn;f gestion of Millard that their marriage romance was akin to that of Isaac and Rebekka, and those names were adopt ed by them for their correspondence between themselves. She had been informed by Millard before they were married that he had been previously married in California, but he stated that he had se en rot! a divorce. She staled that before they were married. Millard had written to California to W. II. Haw, clerk of court, Dumbolb county, Eureka, Cal., asking for acer tl lied copy of the de cree of divorce <.::.'] 50 cents worth of stamps had beni enclosed io the let ter to cover tho charges for the copy of decree. After the arrest of the de fendant, a letter from Konka had come to St. Georges, which t.he had opened under direction from e'efen dant. lt contained the copy of de cree of divorce. She had read it and forwarded it to defendant at, Orange burg. Sev( ral letters from wit ru ss to defendant, and a tel: gram were Iden tified and put in evidence. Tile following letter was also placed in evidence: Osceola, iowa, April 28, 1005, Mr. K< ny on V. Millard, Or?ngeburg, S. C. Lear Slr: Your letter of April 23rd in regard to divorce received. 'J lie record shows adivorci was granted Louisa Millard In 1880. A certified copy of tho ou ree wnl lie 81. Yours resp? ctfully, F. M. STACY, Clerk of Court. THE CALIFORNIA DIVORCE. The following is a copy of the de cree referred to in Miss Kenyon's tes timony: "In the Superior Court of the County of Humboldt, In the State of Cali fornia. "Ada A. Millard, plaintiff, vs. K. V. Millard, defendant, interlocutory judgment. "Tills case having been brought on, to be I leard Hie 1st day of December, 11)04, upon the complai t herein taken, as confessed hy the defendant, whose default for not answering your ?om pl ai nt has been duly entered. And l >ald court having heard the evidence ind testimony, and which ls sufficient y corroborated, and af ter having duly '/Oosldered the same, and made and 1 lied its decision and conclusions of aw herein, from whlob it appears that said plaintiff ought to be granted i decree of divorce together with other relief, -as is herein specified; 1 uow, in accordance therewith, and on motion of counsel for said plaintiff lt IB ordered, adjudged and decreed, and this court, in pursuance of the Btatute in such case made and . provided, does order, adjudge and deoree that the c 3aid plaintiff is entitled to a decree < dissolving the bonds of matrimony c now and heretofore existing between ? the said plaintiff and said defendant;" ? Mich decree to be entered after the i expiration of one year from the entry < of this interlocutory judgement. It 1 is further ordered, adjudged and de- i creed that said plaintiff be and she ls - hereby awarded the sole care and custody and control of K. V. Millard, I Ed H. Millard and Paul Millard." ? S IGNORANCE THE PLEA. 1 Trae following is an extract from a < letter-written by the defendant to ' Miss Kenyon, bearing date Friday, 4 < p m., April 28th. It ?is written from ' Oran.geburg by the defendant in jail, J md: was mailed to her at St. George: *'l have heard nothing from the 1 court house Thursday, but I under- 1 stand that thc prosecution is going to ' try and convict me as a criminal on the ground that the divorce which was I ..'anted my former wife in California ) lasiV <->*: December would not permit t mo\o be married to anybody else for ' one year: That is, until next 4th or 1 f>th of December (seven months in the 1 future). I think they are wrong. I 1 thluk that 1 could be married In any j State outside of California just when ? I please, after the divorce is granted. ? If 1 made a mistake that could -easily * be rectified by my walting until De- * :ember 4th or 5th and then securing 1 i license in Georgia and being married * there according to the laws of Geor- I jia. 1 did not understand all the lit- a ile technicalities of marriage or divorce aws in any State. I huew nothing at t ill about the laws of South Carolina, c Xever heard one thing about them be B ore 1 came down here. All the States t lave different laws and what is law c ?erc ls not law in Georgia." c He goes on to justify himself in f Harrying Miss Kenyon on the ground " .hat he did not know he was doing c wrong. He discusses the interlocutory t itvorce and suggests that they can t wait until after the 4th of next De- s .ember and be remarried and purposes t to arrange for her support in the meanwhile. ?_ HIS FIRST .MAUMAQE. The following is a portion of a let- s ter written by defendant, addressed to 'J Miss Kenyon and her mother jointly, 6 fr?.m the Orangeburg jail at this place f on the Saturday afternoon when he a was tirst committed to jail: "I.see by The State that Sister Mary; in examining my letters, found ene from my divorced wife, indicating that she. believed that 1 had a wife some where else. She was mistaken. When 1 was 21 years old I married a girl in Farmington, Illinois. Hor people's name was Cone. Her name was Louisa Ciue. She had a brot her named Wil liam Cone, residing there, lie kind enough to write to Farmington, Illi nois, and find out all about her. She was not my wife when I married the woman whose letter you read. (Here ls given a statement as to his first wife's unfaithfulness.) "1 left her and If you will write to any of the older citizens of Farming ton, Illinois, you will be able to Know surely that 1 had no wife when I mar ried the woman who lives In Califor nia, and who was my lawful wife un til divorced December 4th, li)04. "I have now told you all my history. There is no one else and nothing more, and I have nothing to conceal from you or any one. 1 think the Presby terian minister married me to Miss Louisa Cone. I got the marriage 11 ennse at Lewiston, In Fultou county. I think you had bettor send immedi ately and find out all about her. If there are any questions you or your lawyer would like to ask I will take pleasure In answering them. TRIED TO DO RIGHT. "I am not a criminal. I have tried to do right. 1 have had a strange History, but I have never harmed nor ittempted nor done any act to defile nor to lead any woman to do wrong. "I have had to endure it and it was more than I could bear. I am sorry ;o say that many of our northern so :iety women are not true to their hus lands. 1 feel pretty sure that the well ?read southern lady is one whom a iU8ban'd can trust. "I recognize no man as my superior, vhen it comes to purity of character. am sorry Sister Mary suspicioned ne of being a scoundrel. It's bad for ll of us, and would have been far bet ir to use more patience and not jump o a hasty conclusion. If I have icen too hasty or have made any mts akes, it was of my desire to have my Rebekkah' with me to bs my helper nd companion in arranging my man scsipt for publication as soon as pos ible." Another letter from Millard tells of letter he wrote to the clerk of court ut in Iowa, asking whether a divorce ad ever boen granted to Louisa Mil trd. lt is evidently the reply to that itter that was written on April 2f>th y Clerk Stacy from O.iceola, Iowa, rhloh had been copied above, stating hat a divorce was granted Louisa Iillard in 1880. Several letters from liss Kenyon to Millard were intro uced in cvldeucc, butas they arc not f a public character and furnish no ew Information in regard to the barges against him, they arc not re rod need. In Memory of Ti m rod, THE State is urging the Columbia (ibcrary Association to change thc ami of thc library to "Tho Timrod library." With no intention of in jrfcring in a lecal matter, we heart! / endorse the suggestion of The late. It would be a graceful and cserved compliment to the memory f South Carolina's sweetest singer, rho, wc confess willi shaine, was not ppreciatcd during life as he should ave been. No man can read the oems and odes of the gifted Timrod hhout, being a better man for hav ig communed with his sweet spirit, ii perpetuating the memory of such man as Hery Timrod the Columbia library Association would be per )rming an act in keeping willi thc ojtcts of its organization. lOat Uoll Weevils. Charles Howard of the entomologl il bureau, department of agriculture it Washington, has been notified of ie discovery in Fall county, Tex., of peculiar bug which ls destroying tho oil weevil. Tho insect was found on plantation near Waco. ?V?LL STRETCH HEMP :he Fiend, William Johnson, Guiltj ol Diabolical Crime. L Slekening ami Patriotic Cnao. Tin Vc rd ici Moots tba Approval of tho People. William Johnson was convicted o if criminal assault on Geneva Howell i. little eight-year-old white girl, in th sourt of general sessions on Thursday Johnson is a young mulatto abou teventeen years of age, but well de /eloped for his age. The fiendisl irime was committed near Bowman i !ew months ago. A full account of i vas published in The Timen am Democrat at the time. Tbe little girl upon whom the fiend sh assault was made, is quite hand lome in face, and nh? told of her hor ri ble treatment at the hands of th mite Johnson in a calm and innocent childish way. It wa3 pitiful to lool j pon her, and her condition tended ti ?ause the nobler sensibilities of man lood to feel indignant against th lend who committed the brutal crime The child was brought into the cour room in the arms of her mother. Sh was seated upon a obair in the cour room, within the bar. When she was called to give he testimony, thc chair was lifted and ii jliis way she was taken to the witnes i tat ion. After she had testified sh was taken back to the side of he not lier iu the same manner. She i lelplcss and cannot walk a step as th result of the crime that was commltt :d npiii her person by the diobalica icud. Being a little child, she dh lot realize the hellishness of the erinn /no fiend had committed, and conse luently she did not tell her mothe tntil several days after the assault vhen the serious effects began to h nanifested. The testimony produce! it the trial is practically as follows: Geneva, in a frank, childish way old tho jury all the circumstances ii ?onncction with the assault. She sab he did not utter an outcry ab thi ime and said nothing about it to he ?other until a few days after thi iccurrence. She told a plain straight orward story of the brutal way th< iend had treated her. While she dit tot say so, it ls very probable thai he reason why she said nothing about he matter she was afraid of tin coundrel, who had treated her 8( irutally. Hettie Unveil, the'mother of th? hild, stated- the age of the little glr 0 bo eight years. The child wa; ?earty and could walk before this as ault, but ls now a helpless cripple Thc defendant had worked for then ome time back but was not working or her at time of assault. She live ibout I? miles below Orangeburg She has never been married, and ha io other children. ipr. W. M. Carn testified that abou 1 week after the assault he examine! ihe child. He found Icllammatlou Later he made a more careful exami latiou and found the child suffcrini 'rom a loathsome disease. Could no jell at that length of time after th issault what force was used. Ther was no question as to the child's sui rering from the disease. The child ? low suffering from chronic poisonini from the disease. This has producei i rheumatic condition that has ren lered her lower limbs helpless. Dr. D. J. Hydrlck testified that h nad examined the defendant a fev weeks ago, after he had been lodge; n jail. The result of this examina Jon proved to him beyond questioi ihat the prisoner had a loathsome dis :ase. He stated that this was tru jeyond a question. On the part of the defense Dr. J \. Clifton was called to the stand am ie testified that he had made un ex iminatlon of the prisoner a few day; if ter he was committed to jill and IK lad reached the conclusion that hi lld not have the disease. Ile ha3 noi nade a microscopic examination. The defendant was called to th? tand and denied thc charge. II? nade a statement of ids innocence stated that lie was at the house ol ,he child's mother on the day stated mt had not committed any suet :rime. The case was given to the jury al lalf-past one o'clock, just at the houi et for thc dinner recess, and the jury lad not only liad their dinners but lad agreed upon the verdict when ourt reconvened at :i o'clock. The verdict found was guilty, and s there was no recommendation foi icrcy, the sentence carries the death enalty. The story told by the little girl inched all present and there are some 'ho think that any other verdict light have had serious results. The verdict ls regarded as a just n.e. by those who heard the testimony, y appointment of the judge Johnson as defended by Mr. John S. Bow lan. Johnson was sentenced to be ung on Friday, June 1(5. Bucket shops and lOxchaiiKca. Before the Supreme Court at Wash igton the other day Judge Crumpack . luldly asserted that thc Board of rade of Chicago was nothing better ian an Institution established for the romutkm of gambling. Ile was de ?ndlng the bucket shops In a case lat ls now pending against them, ad he did so by declaring that there as no essential difference between lem and the large Institution of the luntry In which commodities and icurities are dealt In on margin. He dlculed the contention that an ac ial delivery of grain is contemplated hen there is a purchase or sale of heat or corn in the pits at Chicago. a admitted that some actual sales ike place, hut he declared that the sards of trade of the country could it be maintained except for tile tran lotions of a purely speculative nature lat took place In them. Ile did not ;ny that bicket shops are places here gambling pure and simple, jes forward, but he did contend that ?eir transactions are identical with miijority of tho^c engaged in by the embers of the legitimate exchanges i either instance ho contended that ie so called business done was bet ng, noshing moro and nothing less; ul he could not Bee why any legal vir splitting should ba dono about ic matter. In commenting on the isltion taken by Judge Crumpacker he News and Courier says "if the jpremo Court shall now hold with ldge Crumpacker on this point it ill be Interesting to watch what tho suit will be. A legal declaration that ir great stock operators are nothing ore than gamblers might make it :ceedingly awkward for some of them ho are forced to collect their win ngB In our courts of law. The stat es on the subject arc pretty much 1 made for thc protection of lambs thor than for the advantage of jives." T?ENS BULL. 7 Theodor? Prioe Give Reasons Tor Fis Change oi Heart. 9 He Believes That Thor? Will be al Material Reduction In the Cotton Aoroasjo. 1 Theodore Price has become a bull * and is now endeavoring to make up c for bis wanderings from the light by * the distribution of bullish literature, t For Instance, he sends out the follow * lng letter explanatory of his change of 1 heart: * "New York, April 27, J 905. j>> "Dear Sir: For over a year 1 have l been a persistent and consistent bear upon the cotton market, believing as * I did that the relatively high prices - of 1004 and 1003 would reduce con-, - sumption. B "The comparatively low prices of i late current have, however, reversed f the trend of trade. The world, in my 0 opinion is about to witness a ti3mend - ous expansion in the cotton industry B and the prospector another large orop * next year is exceedingly doubtful, as t shown by my orop report, issued to e day. t "Under these conditions, I believe that cotton can and should be now r con?dently bought by all those likely a to require it during the next twelve s months. e "Should prices decline still further r on the marketing of this year's sur s plus, purchases will, in my opinion, e become only the more attractive. "TUEO. II. PltlCK." 1 Accompanying the above is his 1 monthly crop report, which comprises e a compilation of 2,243 replies of an 1 average date of April 17tb, from 1,400 r out of a total of 2,340 towns in the > cotton belt to which the subjoined a queries were addressed: 1 ls the crop late or early In your sec tion, and to what extent? i What percentage of increase or de i creass will be shown by the cotton 1 acreage in your section? 2 What proportion of the proposed r area has been planted up to date? 2 What perceutage of ii.crease or de - crease will there be in cotton ferti 2 llzer used lu your section? 1 From thc replies received to these t he obtains au average indicated acre t o ge decrease of 14 2 per cent. J Ile then goes on to say: J "My previous report was Issued March 25th aud summarized or an i average date of March 15 th. In that 1 report the Indicated decrease in acre ? age, as estimated by my correspon - dents, was 10.4 per cent. "The decrease now indicated is 14 2 i per cent, which would seem to sug j gest that as the season has progressed s thc disposition to reduce acreage has . become less pronounced, s "It is noteworthy, however, that the indicated acreage on the basis of t the tigures as repotted ls now 1,080, i 000 acres less than the acreage of . 1004-03 which produced a crop of ap - proximately 10,200,000 bales. 4 "My correspondents adhere to their t previous report as to the reduction in e the amount of cotton fertilizer used,' e many of them stating that the in - crease in the fertilizer tax tag sales s reported by thc state authorities, is ',' due to the increased quantity of fer ti 1 lizers sold for use on the.-toba3C'? ?.J ? truck acreage, which has been largely extended this season. e "The most Important feature Of v the crop report, in my opinion, how ? ever, ls the fact that the crop is re - ported on an average twelve days later n than the normal, while the propor i- tion of last year was an average of B fully twelve days earlier than the normal, lt is plain that the growing . crop is at lea.it three to four weeks 3 later than last year. "A notable though unfwrseen fea s ture was the recent heavy frost, and 2 I have separately tabulated the re 3 marks of my correspondents In refer t ence thereto. Killing frost occurred in: 3 South Carolina-Aiken, Charleston, i and Orangeburg counties. The cot . ton reported planted in these counties f prior to the frost averaged 00 per , cent, much of which has to bc re l planted. Georgia-Columbia, Hancock, Mou j roc, Harris, Troup, Cobb, Burke, . Screven, Washington, Coweta, and ' Dooly connties. The cotton reported } planted In those counties prior to the frost averaged 25 per cent. Much re planting necessary. I Alabama-Marshall, Wilcox, Talla ? poosa, Lamar, Hale, Chambers, Bar bour, Calhoun, Montgomery, Lime stone, Dallas, Perry, Elmore, Bibb, Bullock and Lee counties. The cot ton reported planted In these counties , prior to the frost averaged 50 per cent. Much replanting necessary. Mississippi-Chickasaw, Oktlbeha Clay. Cotton reported planted in these counties prior to the frost aver aged 10 per cent. Much replanting neces ary. As'far as present conditions afford any lu itcitio i, the prospect of a bumper crop for the season of 1905-00 is not brilliant, and in view of thc fact that whatever the consumption this year may be it is probable that tho world will rr quire a crop of at least 12,000,000 bales next year, I am of the opinion that a policy of con servatism on the part of spinners sug gests the advisability of protecting their commitments as far Into the future as possible by purchases of cot ton on the basis of present prices. My reason for this opinion as de veloped from a close study of the situation I shall submit in a later circular. TIIRODQKK H. Piucis. Saluted 10 nc h Soldier With a Kiss A touching incident occurred during tho Easter celebration here. After the morning service all in the troops In the region around headquarters were drawn up in line before Gen. Llnevltch's tent and the commander In chief came out, greeted the troops and passed down the line saluting each and eve ry soldier with a kiss. All the men were much moved and many of them wept. The incident served to In crease their boundless worship of the old, grey leader. Gen. Llnevitch continues energetically the reorganiz ation of the various departments of the army. Killed His Sweetheart? A dispatch from Woodbury, Ga., states that Oscar Stlnson shot and In stantly killed his sweetheart, Minnie Womble, a sixteen-year-old girl, at her home In Woodbury Wednesday night. After shooting thc girl, Stln son turned the gun on himself and shot himself. The wound did not prove fatal, and he ls still alive. Jeal ousy ls said to have been the motive. BOTH Togo and Kujestvnnsky aro entitled to large crecit for tho fact that they have not done any prelimi nary lighting with their mouths. FAIL TO ACREE. A Mistrial Entered for the Sec? ond Time in the NAN PATTERSON CASK At Twenty Minutes Past Two O'clock Thursday Momios the Jury Report* ed that it Was Hopelessly Dis? agreed, After which they Were Discharged. The jury that has been trying the Nan Patterson case in New York for the past ten days failed to agree and were dlsclr.<;ged Thursday morning. Nan Patterson is charged with the murder of a gambler by the name of Caesar Young. The Jury was given the case at 1.30 o'clock Wednesday and after deliberat ing 12 hours came into court at 1.30 3'clock Thursday morning and inform ed Recorder Coll that they had failed ( to reach a verdict. The jury declined \ the recorder's offer to aid them by ad vice on any point of law regarding which they might be in doubt, and 1 were sent back to continue their delib ? orations. At 2.20 o'clock the |ury ' again entered the court room, where the recorder and other court olllolals |1 were In waiting, and the foreman an nounced that they had failed to agree on a verdict. Ile added that their dis agreement seemed hopeless of adjust ment. Upon this announcement Re corder Goff formally discharged the 12 men composing the third jury that has considered this celebrated cass. It ls understood that a majority of the jury was for acqultal, but in what proportion they stood cannot be ascer tained. Miss Patterson collapsed on the jury's announcement and fainted dead away. She was assisted from the court by one of her counsel and several court attendants and revived iu the ante room. On the second return of the jury, Recorder Goff made a personal appeal to the foreman to endeavor again to reach a verdict. The foreman entered the jury box andpoHed thc jurors In opon court, but they were not able to agree. The recorder then asked them again If there was nor. some point in law or something he could do by which they might be able to reach a verdict, but the jurors re mained steadfast and dually declared their verdict a disagreement. Record er Goff, before oismissin;? the jury, |1 cautioned them not to tell how thoy stood. Recorder Goff in his charge to the jury said: "You must not think that ' because of the humble position of this j woman you should not give her the j same consideration as if she occupied a more exalted position in saclety. | * Whatever her position, abe is entitled to the same legal rights as the most j * prominent and most conspicuous. It !<there be a reasonable doubt in this ? lease on the evidence, this doubt must 1 I be thrown into the balance for the 1 defendant. A danger Hes in the re marks of counsel which might take your mind off the direct issue. You 1 must avoid this danger." . Thi recorder described thc two de J gress of murder and manslaughter in s the drst abd second degrees, which, ho a said, he apprehended by the requests 1 to charge was thought by counsel to J bo applicable in the case, and proceed- c ed: ' "I understand that there is no claim ? on the part of the defense that If the defendant committed this homicide lt 1 was either justifiable or excusable. I 1 a'.so understand that the defense claims a that the crime was murder In the first r degree or nothing. Rut you are not 1 hound to accept the arguments of ' counsel as to thc nature of this crime. ' You are the judges of the facts, if ( there was murder, and in what dagree. ? The crucial question is: 'Did the ma kill himself or did this defendant tire the fatal shot?1 "If the accused falls to take ad vantage of her privilege to make a defense, under advice of her counsel, her failure to do so must in no way, be held against her. ''Much has been said relating to the motive which actuated this defend ant," he continued. "The prosecution claims that she shot the man because he had cast her off as his mistress. But lt ls not necessary to prove mo tive to convict of murder. If it ls shown that a motive existed, then it tends to support the circumstances. But to do tills motive must be piov ed, not imagined." Before giving the case to the jury, Recorder Goff ruled on the requests to charge Interposed in Miss Patter son's behalf. He refused to submit one of the requests, saying it would be a direction to the jury to acquit the de fendant. Ile told the jury, however, that they might disregard tho tcstl raony of Julia Smith if they tnought it right to do so. Ile also refused to charge requests concerning Pawn broker Stern and the failure of the de fens.! to call J. Morgan Smith. Ile said that claims on either sido were not to be considered as evidence. After going over the requests, one by one, Recorder Goff told the jury it was not necessary that there should be direct and positive evidence as to everything and lt was suillolent that the facts he proven. "If you believe that lt was a phy Hiclal impossibility, so far as the na ture of tlie wound is concerned, for Young to have shot himself, then that is a fact," he said, "hut you must re member that one Inference cannot bo proven by another Inference. "If you believe tho defendant fired the shot without deliberation or In tent to kill, hut in a moment of pas sion, then you may find lier guilty of one of the other degrees of manslaug ter. In reaching your conclusion you must not be swayed hy sympathy or tohcr influence." This is the the sec ond mistrial in the case. On Serious (..liaran. Jack Mlles, a negro, waa jailed at Thomasville, Ga., on Wednesday, charged with attempted assault on Mrs. Belle H. Parker, of Chicago, on March 21. The crime occurred at "Wildwood," tho southern home of Captain El. Thorndee, a Chicago millionaire. Mrs. Parker waa In the room when a bullet crushed through the glass, two lobes from her head. Tho officers claim they have evidence bo convict Miles, and say his motive was to drive John B. Knowlton, thc woman's father, from "Wildwood." Other negroes are implioated in a onsplracy to this end. TEA CDLTU?E, ?he Bapid Growth of tho Industry in the South. , ?inehurst Gardons at Summerville, tn this State, Furnishes a Prisco Taking Product. .Tho Pinehurst gardens at Sum ner ville in South Carolina have shown :uoh success In the cultivation of tea is to attract the attention of the ?o?utry. The leader in tbii work is tfajor R. D. Trimble, a native of Sew York State, who has been con luoting experiments in tea growing ind bas succeeded to a degree so re narkable as indicate a wonderful de velopment of tea growing in the louthern part of the United States. For generations is has been sup posed tbat tea could ba grown only in Jhlim and Japan, but of late years India bas developed a large tea-grow ng Industry, and within 30 years Cey on is very much engaged in it, and low it is transferred also to the United States. In fact suoh chills as ire in the winter air of South Carolina mt improve and help the plants, so :bat in luxuriant growth American jca gardens are in advance of the iverage Asiatic garden, and natives )f Japan who have'vlsited Pinehurst lave expressed their wonder at the splendid growth and production of jhe plats in that vicinity. It is the handling of the tea crop that makes the different varieties and makes them more or less valuable. The supposition that there are differ :nt kinds of r' .nts themselves from which the varying (?uah ti es are gath ered is a mistake. It is in the oarly ind the later gathering and in the maturing of them that the high quali ty, or inferior quality of tea is de veloped. The imports of tea In this COUDtry cost about fifteen million dollars a year. The expansion of the tea-grow business in the South is so rapid as to lead to the belief that the American market may be supplied with domes tic tea before many years have passed -time being required chiefly for the growth of the tea plant to bring lt to bearing conditions aa well as to edu cate those who work in tea gardens to do so to the best advautage. The treatment of the tea from the picking through the sortit g and up to the tiring, as it is called, is familiar. This orocess is shown at Pinehurst and ls of very great interest. A wide stretch of country is cov Bred by this beautiful growth, and af ter the American fashion the Heids ire adorned with dower bushes and foliage plants so that it-is more like in' exquisite private park than like in ordinary farm. It ls recognized that Pinehurst tea 8/Of the very Guest grown. At the Exposition at St. Louis the Oolong rom Pinehurst took tlrst prize in ?ompetition with the finest brands of ;ea from tbs old ^vorld. The'Department of Agriculture of jhe United States is taking the great est Interest in the development of tea rrowth and manufuoture, and the aid t has "given has been a very impor tant factor in that work. This is inly one of the scores of instances in vhich Seoretary Wilson, the head of hat department, has shown himself o be conducting it on the broadest ines of intelligence and enterprise ind far sightedness. The triumphs LChieved under the leadership of Sec etary Wilson in the last six or eight 'ears have made a new record of sue ters in the department and placed Mr. rVilson at the head of secretaries of igriculture. Pinehurst tea farming is far past he experimental stage. It is more han a mere culture and is becoming n established occupation. It is also lot an exceptional thing possible only n the vicinity of Summerville. It ?as taken root there because of the ?terprlse of citizens resident cf South )arollna, who lirst studied the condi ious of soil and climate favorable to ea growing aud then decided that he required conditions are admirably act in lower South Carolina, and specially In Dorchester county. Ex icriments in tea growing in other arts of the South are already said to ie producing good results, and a com aratively new industry is added to he list that makes the agriculture of he United States the most remark ble In the world In Its range of pro ucts and vast aggregate in volume, nd furnishes a new source of wealth o that section of thc country fast be oming the garden of civilization. ?KVU HllllHItll Up. A,t Spartanburg Sump Nance, who red a pistol shot at. Asha Bishop sev rai days ago. but who killed Ittle Lillie Quinn instead, has urrendered to Sheriff Nichols. He /ent to the home of a relative, oe White, near Cherokee Springs, nd expressed a desire to give himself ato the hands of the olllcers of the iw and White accompanied him to he city. Nance is now in jail. The icts lu thc case are familiar to the caders of this paper. On Saturday ight about two weeks ago Nance and iishop engaged in a difficulty In the Vest End section of Spartanburg. 'hey were near the home of Lucius . ullin and when Naneo fired at Blsh p, the 8-year-old daughter of Quinn, dio was playing in the yard, fell with bullet In her brain, causing a wound rom whioh death ensued a fow hours iter. Nance escaped and has been in iding since the tragedy until he sur 3ndered. Accidentally Kil'ed Himself. Gus Wallace, adored, accidentally tot and killed himself Sunday night, hilo returning home from a negro lurch, near lYalr Forest, carrying a ouble barreled shot gun. At thc me the gun was (Uncharged he had lighted from the buggy and was tiarreling with some negro on the ladslde. As he attempted to regain is seat in thu vehicle the gun was ischarged and the entire load of one arrel entered his left breast, .pene ratlng to thc heart. Crtwuf Hlx I ID.-it. Tho fishing schooner Florida was ist In a hurricane near Campeachee mks about ten days ago and that the itlrc crew consisting of six men, ont down with the vessel. There ere twelve or more vessels of a slml ,r character anohored In tho lmmc late vicinity and each parted ita ca Se and went adrift. Some of the fish .men of other vessels saw a big sea .riko the Florida. Her lights swayed i one side and then she went down, wo of ber. small boats were later eked up by'another fishing schooner ?tween Galveston and New O; ans. KILFYRE! K?LFYRE >That is exactly what it is. a D'lr-, day at tho ?tate Bair showing its fire Every Farmer, Oil Mill, Saw Mil property should have them. For sale COLUMBIA SU Columbia, S.O. Tliemacl THE GUINARD I COIvUMBI Manufacturers Brick. Fire Proof T Flue linings and Drain Tile. Prep or millions. . WE ARE LO ; FOR YOUR OR COLUMBIA LUMBER ' COLUMBIA E Whlsko I Morphine I Olgaret Habit, Habit | Habit SCured by Keeiov ll 1329 Lady St. (or P. O. Box 76) Goitre se cltd. CROP BULLETIN. What Dircotor l?auor Sayo About. Crops tho Past Week. The week ending Monday, May 1st, had practically normal temperature. Though the first of the week was cooler than usual, the last few days were very warm, with maximum tem peratures above 80 dagrees on the 29 th. There were rains on the 20th, 27 th and 2i)th, with hail in a few pUoes, and destructive high winds In Union and Saluda counties. The precipita tion averaged somewhat over an Inch for the State, though many places re ported less than an inch, but over the entire State enough moisture was sup plied for the present need of all crops and for germinating recently planted seeds. There were excessive rains ia the central and eastern counties that delayed farmwork from one to three days, but, as a rule, the precipitation was needed aud proved very benefi cial. Plowing and planting were Inter rupted, but made fair progress with the soil generally in excellent condi tion. Cotton planting is more than three-fourths finished, and early plant ings are coming up to good stands; some cotton has been chopped In the eastern counties. There has been some replanting done in the central counties where the nights have been too cool. Corn planting ls now con fined to bottom lands, and generally to the western counties. Early corn has good stands but is being severely damaged by cut and bud worms, ne cessitating considerable replanting. The corn that was cut down by the recent frosts is coming out again and will not need to be replanted. E >.rly corn is being cultivated. The wheat crop is being damaged by tbe Hy in several northwestern counties, bub is otherwise promising. The oats crop was scarcely injured by the frosts and, with exceptions in the southeastern counties, ls in a promis ing condition though heading too low in places. Truck was greatly beneflbed by the showers of the week and ls promising, except peas which were injured by the cold weather of February and again in April. Some white potatoes were completely destroyed by the frost, while the larger portion of the crop ls making a new growth. Large shipments of strawberries are being made. Protected peach and other fruit trees were only lightly touched by che frost of the 17th of April, in the ex treme northwest, while exposed trees had all their fruit killed; the damage ls less in the cantral counties and very small In the eastern one. Apples are not promisirg. Pear trees are blight ing badly. Rice planting has not yet begun in the Georgetown district, and is about finished In other dis tricts. Tobacco transplanting ls well Advanced generally, and finished in a Tew sections. Melons and oth?r minor irops are now doing well. Pastures ilford excellent grazing. The season ls from one week to 10 days later than jsual. Another Mine Horror. Sixteen men were killed and one will die as the result of an explosion at the Eleanora shaft near Big Run Pa., Friday night. The minc is own Bd by the Rochester and Pittsburg Coal and Iron Company. The night shift was small or there would have been more fatalltizes as every man was In the mine at the time of the explosion, except one is reported kill ed. Three bodies were recovered, two of them weie brothers named Kirk wood. The men were English speak ing and resided at Eleanora, a small mining village two miles from the shaft. L Factory Collapsed. At Omaha, Neb., three persons were killed Wednesday and six injured ay the collapse of a three story build ng at 13th and Grace streets. The ouildlng was occupied by the Omaha Zte.-.ket company and the killed and njured were employes of the concern. Thc collapse of the factory was due Xi a heavy wind storm, which near :he factory assumed th^ proportions if a small tornada. A terrific storm if rain and hail followed the destruc ion of the building several inches of valor falling in a short time. Found in Pasturo. The dead body of John Fogarty was ound Thursday In a pasture one mile rom his home, near Woodbury, Ga. vir. Fogarty left home In the tnorn ng with the intention of going to ?reenvllle. Mr. John W. Williams lame by Mr. Forgarty's home to see lim, but not finding him, Mr. Fo tarty's finally began a search and ound hts body with a pistol by his ide. It is supposed he committed sul fide but no cause is given for the act. Found Dead. An unusually tragic death was dla >overed at Union on Friday morning, vhen Thomas Howze, the son ot a imminent business man, was found lead in a gasoline house. He had poken Thursday of being sick, and it s supposed that descending the few tops into the tank pot, the fumes of he gasoline overcame him. He was lot found until hours afterward. WK shudder when wo think of the onsequences to the banks had Blgc ow and Mrs. Chadwick joined forces. The result would have been just awful. An Th lis' ?nt fr? !!! KILFYREMI i Killer. D3 uonsbratlon every fighting qualities. ^ I, Ginnery and any one owning pk,YO0.. linery Supply howse of the State -,-' ?BT ~i WORKS, S ??% ss. o. 5 erra Gotta Building Blocks, for . 5 ared to fill orders for thousands- S S All Dr og and Tobaooo I . Habits. ? astitute, of ?3. C. iola, S. O. Confidential correspond MEN-WRITE TO DR. HATHAWAY ABOUT YOUR CONDITION. Ie lias been Treating Diseases of Men for Twenty-five Years. His Reputation is Firmly Established. A VALUABLE BOOK FREE. DR. HATHAWAY. Whose Knowledge is Free to th Sick. >r. J. Nowton Hathaway, of Atlanta.' io groat specialist in tho treatment of incases of mon, wanta to hear from ovory mu who reads this announcement, who ia af? icted with any private disease, and lot him i plain to timm his nev. system of curing thia lass of difcnso, w inch cures in half tho tima K]tiired hy tho old method. Dr. ? Hathaway is beon tenting diseases of men for more than quarter century, and ho is continually -iginating and perfecting now methods by hicli he cnn euro the afflicted. Ho has euroa itients scattered oil over this country, whom 1 has never seen, whoso diseases ho waa able euro by n system which ho has for curing oufUtctcdat a distance, and if you are Bur ring from any disenso peculiar to vour sex, any other disease of a chrome or lingering' .turo; such us Strictu.ro, Varicocole, Nerv is Debility, Loss or "Manhood, Blood Poison lyphilia), Kidney nnd Bladder Complaints, tieumatisni, Diseases of tho Heart. Stomach id Liver, etc., you ahould immediately write is great specialist, nnd lot him explain to iu inst what is tho naturo of your troubla id just what to do for roliof. Ho will ooun I and advise you for nothing-advice that it .sod on '-'."> yours of actual experience. A oat ninny men make thu mistake of their res by'placing their cases with their local - lyBicfan, for tho avcrago practitioner no titter how competent ho may bo, has not had o experience necessary to successfully ? treat ch delicate diseases. What you need, and ult you will bo compelled to resort to if you or got cured, is skillful, scientific treatment, ministered byan oxpertspecialist whom you tow is competent td treat you. Dr. H atna ty luis been established in Atlanta"" or nearly years, and his reputation is known to all. j has built up tho largest practico in this untry by dealing honestly with tho people, ju tako no risk whatovor in dealing with him you can always feel assured of a "square al." Von cannot expect to go through life affliot with a disenso thnt you know will oy?ntu?l lead you to a possible death, so write Dr. itluiway a letter right now, telling him just w you "slider, nnd he will immediately sand II his opinion of your case, accompanied by mluablo hook on your disease, all of which absolutely froe. Have no hositanoy in .?ting him. Tho permanent nddresaia J- NEWTON HATHAWAY, M. D., 88 I ninan Bldg., Atlanta, Qa. A Proposition of Interest To all readers of this paper, who ill or write for treatment within the ;xt '?0 days. I will cure them of tho Bowing diseases for ONE-HALF my ?ual charge: LOST MANHOOD, VPIIIL1S (blood poison), GONO IIK, GLEET, STRICTURE, VARI ??ELE, RUPTURE, CATARRH ld all CURO NIG DISEASES, of 5th sexes. Diseases of women cured il.hout operation. PILES cured oder guarantee without the knife or ny tying or burning operation. Consultations, Examination, Ad vico ree. T. S. HOI LEYMAN, M. D., THE SPECIALIST. ooms 421 and 422 Leonard Building, Augusta, Ga. N. Ti. Catarrh of worst form cured iiickly at home. Piano? Or^an? You want the Hest. Wc have m exactly what you want. Don't ? walt to feel exactly ready. We J can make you able. Our prices are LOW-our terms arc EASY. Write ns at once for catalogues, prices and terms. Address MALONE'S MUSIC HOUSE, | COLUMBIA, S. C. Thc Canning Business. Reduce your cotton acreage and in aase your income by putting in a ?all canning plant. Large profits in canning all kinds of lits, vegetables, berries, etc. A card us will bring you desired informa nt. RAN KY OANNKU Co., Chapel Hill, N. O. ia Afk/VBANK PEP?SW Js*?+\J\J\? .Railroad Fafe P??dV.??8 .> FRISK Courses Offered . ^SCRBHBBflKBBa. B-urd at Cost Writs Quick . --t. ., ?ni.j.?ni'Qivr<;srnMFnF'l??|.e1ift? LEARN TELEGRAPHY d H; JR, AGENCY-Wo ?IBO train yon tor o U/S. SIGNAL COUPS'. School bstabv tied 17 yours. Chene board, low tuition; t Our Plan INSURES position. Catalogue e. GA. TELEGRAPH COLLEGE. Sonoia, Ga.