The Marlboro democrat. (Bennettsville, S.C.) 1882-1908, May 12, 1905, Image 6
TWO DIVORCES
Figure in the Life of Millard,
Charged With Bigamy.
HE NOW ADMITS THIS
Ia Written Statements Which He Made
Concerning His Previous Matri
monial Ventures, and Which
Are Produced at Prelim
inary by Prosecution. v
The preliminary hearlnVln the c&s
of Kenyon V. Millard, who was ar
rested April 21 charged with bigamy
and who has been confined in the
Orangeburg county jail in default of
8500 bail, was heard Thursday mim
ing by Magistrate C. P. Brunsur, who
issued the warrant for his arreit.
The prosscutlf u was represented by
Mr. R. L. Weeks of St. Georgb and
Hon. T. M. P?aysor, while Messifo
Wolfe & Berry and Col. Thomas F.
Brantley appeared for the defendant.
It had been understood that M J lard
would conduct his own defense, u"d
lt was learned that the counsel for
the defense had been retained by
friends of Millard, who reside in an
other State.
As is usual with such cases, it at
tracted undue notoriety and Magis
trate Brunson's t lllce was packed to
suffocation long b:fore the lime ap
pointed for the hearing. In fact, the
room was so crowded that there was
not room sulllcient for those involvid
In the case, and the attorneys were
forced to ask that the room be cleared
before they would take up the case.
Miss Kenyon, who recently married
Millard, was the only witness for the
State, and the occasion was very mor
tifying to her; while Millard, who was
brought Intocourt looking fresh and
in good sp'rfis, snowed the effect 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 by Millard io
Miss Kenyon since Iiis iucaro.ration,
while the only evidence offered hy
the defense were one telegram ana
four letters received from Miss Ken
yon since their separation, and a Iso a
letter from the cleik of the c^urt of
Osceola, Iowa, with reference to a di
vorce granted Louisa Millard in 1SS0.
This correspondence was so volumi
nous that no effort was mace to rea ci
it at the time, but Magistrate Brun
sou will read it carelutly and either
announce his oeeisit u at a later oate
or ?x another time f r hearing the
arguments by attorneys for both
sides. Meanwlnle Millard has been
remanded to Jail pending the magis
traie 's decision iu the matter.
The contention of the attorneys for
the prosecution is that the interlocu
tory divorce gramed Mis. Ada Millard
December 4, 1004, prevents cither
party from marrying for one year
thereafter, while thc defense lu.ids
this to b6 a mere technicality, inas
much as Millard had not obtained a
copy of t he decree and was ignorant
of its restrictions.
THE ONLY v .TESS.
Miss Sallie E. Kenyon, whose mar
riage to Mi.lard hus caused the trou
ble, was the only witness examined.
She was questioned by Mr. Weeks.
She testified as to lier marriage to
Mil'ard ou Apnl li), which was per
formed at Orangeburg by the Hov. E.
M. Lightfoot. Site met Miliard oh
April ti at her home in St. Georg?.
They were not engaged at that tin,e.
The engagement was the result of
several'day's association. Millard did
not tell her that he had been previous
ly married uutil after they had be
come engaged to be married, lie
stated to her that he had a living wife
in California, from whom 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 their
marriage that he was afraid witness
would not marry him. He denied
that he had ever been mari led other
than to the California wife. Witness
has received three letters from de
fendant since he was committed to
jail and separated from her. These
were put in evidence.
On cross examination hy Mr. Wolfe
she explained Hie fact, tha? his letters
to her were addris^.ed to ''Kebeklca,''
while the letteis she had written to
him at the jai) were addressed tc
"Isaac." This was due to thc sug
gestion of Millard that their marriage
romance was akin to that of Isaac and
Rebekka, and these n,imcs w-ire adopt
ed by them for their correspondence
between themselves.
She had been informed by Millard
before they were married that lie had
been previously married in California,
but he stated that hu had secured a
divorce. She stated that before they
were married, Millard had written to
California to W. H. Haw, clerk of
court, 11 urn holt county, Eureka, Cal.,
asking for a certified copy of the de
cree of divorce and 50 cents worth o?
stamps had been enclosed in the let
ter to cover the charges for the copy
of decree. Af 1er the arn s! of the de
fendant, a letter from Kurt ka had
come to St. (Jeorges, which she had
opened under direction from defen
dant. It contained the cop./ of de
cree of divorce. She had retid it and
forwarded it to defendant at Orange
burg. Sevi ral letters from witness to
defendant and a tell gram were iden
tified and put in evidence.
The following letter was also placed
in evidence:
Osceola, Iowa, April lis, 1005.
Mr. Kenyon V. Millard,
Orangeburg, S. C. .
Dear Sir: Your li tier of April 2.!rd
in regard to divorce received. 'J Lo
record shows a divorce WES granted
Louisa Millard In 1880. A certified
copy of tho decree will bo 31.
fours respectfully,
F. M. STACY,
Clerk of Court.
THE CALIFORNIA DIVORCE.
The following is a copy of tho de
cree referred to in Mi;s Kenyon's tes
timony:
"In the Superior Court of tho County
of Humboldt, in the State of Cali
fornia.
"Ada A. Millard, plaintiff, vs. K. V.
Millard, defendant. Interlocutory
judgment.
"This case having benn brought on,
tobe heard the 1st day of December,
11)04, upon the complaint hircin
taken, as confessed hy thc defendant,
whofe default for not answering your
com plaint has been duly entered. And
said court having heard the evidence
and testimony, and which ls sufficient*
ly corroborated, and after having duly
considered the same, and made and
filed its decision and conclusions of
law beret;., from which lt appears
that said r. at ntl fl ought to be granted
a decree of divorce together with
other relief, as io herein specified;
now, in accordance therewith, and on
motion of counsel for Bald plaintiff it
is ordered, adjudged and decreed, and
this court, in pursuance of tho statute
in such caso made and. provided, does
order, adjudge and deoree that the
said plaintiff ls entitled to a decree
dissolving the bonds of matrimony
now and heretofore existing between
the said plaintiff and said defendant;
suoh deoree to be entered after the
expiration of one year from the entry
of this interlocutory judgement. It
is further ordered, adjudged and de
creed that said plaintiff bo and she ls
hereby awarded the sole care and
custody and control of K. V. Millard,
J?d n. Millard and Paul Millard."
'. IGNORANCE THE PLEA.
Trae following 1B an extract from a
letterNwrltten by the defendant to
Miss Kenyon, bearing date Friday, 4
pm., iiprll 28th. It v;is written from
Oran.geburg by the defendant in Jail,
and was mailed to her at St. George:
' "I have heard nothing from the
court house Thursday, but I under
stand that the prosecution ls going to
try and convict me as a criminal on
the ground that tho divorce which was
-anted my former wife in California
las^ ?' December would not permit
mc VJ be married to anybody else for
one year: That ls, until next 4th or
5th jf December (seven months in the
future). 1 think they are wrong. I
think that 1 could be married in any
State outside of California just when
1 please, after the divorce is cranted.
If I made a mistake that could easily
he rectified by my walting until De
cember 4th or 5th and then securing
a license in Georgia and being married
there according to the laws of Geor
gia. I did not understand all the lit
tle technicalities of marriage or divorce
laws In any State. I hnew nothing at i
all about the laws of South Carolina. ?
Never heard one thing about them be
fore 1 came down here. All the States
have different laws and what ls law
here ls not law in Georgia."
Ila goes on to justify himself in
marrying Miss Kenyon on the ground
that he did not know he was doing
wrong. He discusses the Interlocutory
divorce and suggests that they can
wait until after the 4th of next De
cember and be remarried and purposes
to arrange for her support In the
meanwhile.
HIS F l HST MARRIAGE.
The following ls a portion of a let
ter written by defendant, addressed to
Miss Kenyon and her mother jointly,
from tue Orangeburg jail at this place
on the Saturday afternoon when he
was first committed to jail:
"I soe by The State that Sister Mary;
in examining my letters, found cue
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. Her people's
name was Cone. Her name was Louisa
due. She had a brother named WU
liam Cone, residing there. Be kind
enough to write to Farmington, Illi
nois, and Hud out all about her. She
was not my wife when I married the
woman whose letter you read. (Here
is given a statement as to his first
wife's unfaithfulness.)
"1 left her aud 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, 1004.
"1 have now told you all my history.
There ls no one else and nothing more,
and 1 have nothing to conceal from
you or any erie. 1 think the Presby
terian minister married me ?o Miss
Louisa Cone. 1 got the marriage li
cr-nse at Lewiston, in Fulton county.
1 think you had better send Immedi
ately and lind 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 HO RIO UT.
"I am not a criminal. I have tried
to do right. 1 have had a strange
history, but I have never harmed nor
attempted no. done any act to defile
nor to lead any woman to do wrong.
"I have had to endure it and lt was
more than 1 could bear. I am sorry
to say that many of our northern so
ciety women are not true to their hus
bands. I feel pretty sure that the well
bread southern lady is one whom a
husband can trust.
"I recognize no man as my superior,
when it comes to purity of character.
I am sorry Sister Mary suspicioned
mc of hoing a scoundrel. It's bad for
all of us, and would have been far bet
ti r to use more patience and not jump
.to a hasty conclusion. If I have
been foo hasty or have made any mis
takes, it was of my desire to have my
'Rebekkah'with moto be my helper
and companion in arranging my man
uscsipt for publication as soon as pos
sible.''
Another letter from Millard tells of
a letter he wrote to the clerk of court
out in Iowa, asking whether a divorce
had ever been granted to Louisa Mil
lard. lt is evidently the reply to that
letter that was written on April 25th
by Clerk Stacy from O.iceola, Iowa,
which had been copied abuve, stating
that a divorce was granted Louisa
Millard In 1880. Several letters from
Miss Kenyon to Millard were Intro
duced In evidence, butas they are not
of a public character and furnish no
new information In regard to the
charges against him, they are not re
produced.
In Memory ol'Timrod.
THE State is urging the Columbia
Libcrary Association to change thc
name of the library to "Tho Timrod
Library." With no intention of in
terfering in a k cal matter, we hearth
ly endorse the suggestion of The
State, lt would be a graceful and
deserved compliment to the memory
of South Carolina's sweetest singer,
who, we confess with shame, was not
appreciated during life as he sbould
have been. No man can read the
poems and odes of the gifted Timrod
wimont being a better man for hav
ing communed withins sweet spirit,
in perpetuating the memory of such
a man as Hery Timrod thc Columbia
Library Association would be per
forming an act In keeping with the
objects of Its organization.
Bat Doll Weevils.
Charles Howard of the entomologi
cal bureau, department of agriculture
at Washington, has been notified of
the discovery in Fall county, Tex., of
a peculiar bug which is destroying tho
lioll weevil. The insect was found on
a plantation near Waco.
WILL STRETCH HEMP.
The Fiend, William Johnson, Guilty 1
ol Diabolical Crime.
A Sickening and Pathotio Oaso. The
Verdict Moots the Approval
of tho Poople.
William Johnson was convicted of
ot criminal assault on Geneva Howell,
a little eight-year-old white girl, In the
court ot general sessions on Thursday.
Johnson is a young mulatto about
seventeen years of age, but well de
veloped for his age. The fiendish
crime was committed near Bowman a
few months ago. A full account of lt,
was published in The Times and
Democrat at the time.
The little girl upon whom the fiend
ish assault was made, ls quite hand
some in face, and she told of her hor
rible treatment at the hands of the
brute Johnson in a calm and innocent,
childish way. It was pitiful to look
upon her, and her condition tended to
cause the nobler sensibilities af man
hood to feel indignant against the
fiend who committed the brutal crime.
The child was brought into the court
room in the arms of her mother. She
was seated upon a chair in the court
room, within the bar.
When she was called to give her
testimony, thc obair was lifted and in
this way she was taken to the witness
station. After she had testified she
was taken back to the side of her
mother lu the same manner. She is
helpless and cannot walk a step as the
result of the crime that was committ
ed upen her person by the diobalical
fiend. Being a little child, she did
not realize the hellishness of the crime
the (lend bad committed, aud conse
quently she did not tell ber mother
uutil several days after the assault,
when the serious effects began to be
manifested. The testimony produced
at the trial is practically as follows:
Geneva, in a frank, childish way,
told thc jury all the circumstances In
connection with the assault. She said
she did not utter an outcry at the
time and said nothing about lt to her
mother until a few days after the
occurrence. She told a plain straight
forward story of the brutal way the
fiend had treated her. While she did
not say so, it is very probable that
the reason why she said nothing about ?
the matter she was afraid of the
scoundrel, who had treated her so
brutally.
Bettie II ?well, the ?mother of the ;
child, stated- the age of the little girl
to bo eight years. The child was
hearty and could walk hefore this as- i
sault, but is now a helpless cripple.
The defendant had worked for them
some time hack but was not working
for her at time of assault. She lives
about li? miles below Orangeburg.
She has never been married, and has
no other children.
Dr. W. M. Carn testified that about
a week after the assault he examined
the child. He found in ll animation.
Later he made a more careful exami
nation and found the child suffering
from a loathsome disease. Could not
tell at that length of time after the
assault what rorce was used. There
was no question as to the child's suf
fering from the disease. The child is
now suffering from chronic poisoning
from the disease. This has produced
a rheumatic condition that has ren
dered her lower limbs helpless.
Dr. D. J. Hydride testified that he
had examined the defendant a few
weeks ago, after he had been lodged
in jail. The result of this examina
tion proved to him beyond question
that the prisoner had a loathsome dis
ease. Ue stated that this was true
beyond a question.
On the part of the defense Dr. J.
A. Clifton was called to the stand and
he testilied that he had made an ex
amination of the prisoner a few days
after he was committed to jill and he
had reached the conclusion that be
did not have the disease. He ha 3 not
made a microscopic examination.
Tim defendant was called to the
stand and denied the charge. He
made a statement of his innocence.
Stated that he was at the house of
the child's mother on the day stated,
but had not committed any such
crime.
The case was given to the jury at
half-past one o'clock, just at the hour
set for the dinner recess, and the jury
had not only had their dinners but
had agreed upon the verdict when
court reconvened at ;i o'clock.
The verdict found was guilty, and
as there was no recommendation for
mercy, the sentence carries the death
penalty.
The story told by the little girl
touched all present and there are some
who think that any other verdict
might have had serious results.
The verdict is regarded as a just
inc by those who heard the testimony.
By appointment of the judge Johnson
was defended by Mr. John S. Bow
nan. Johnson was sentenced to be
mug on Friday, June 16.
Kucket Simpa RIMI KxchanKCH.
Peforc the Supreme Court at Wash
ngton the other day Judge Crumpack
tr bjldly asserted that the Board of
Trade of Chicago was nothing better
jhan an Institution established for thc
jromotion of gambling. Ile was de
'endlng the bucket shops In a case
ihat ls now pending against them,
ind he did so hy declaring that there
vas no essential difference between
mern and the large institution of the
iountry in which commodities and
lecuritles arc dealt In on margin. He
ridiculed the contention that an ac
mal delivery of grain is contemplated
when there ls a purchase or sale of
wheat or corn In the pits at Chicago.
[Ie admitted that some actual sales
:akc place, but he declared that the
isards of trade of the country could
lot be maintained except for the tran
lacllons of a purely speculative nature
ihat took place in them. He did not
leny that hacket shops are places
where gambling pure and simple,
:oes forward, hut he did contend that
ihelr transactions are identical with
i majority of those engaged in by the
ncmbers of the legitimate exchanges
[n either instance he contended that
Jie so culled business dono was bet
ling, noihing more and nothing less;
md he could not sec why any legal
mir splitting should ba doue about
.be matter. In commenting on the
>osltion taken by Judge Crumpackcr
Dbe News and Courier says "If the
Supreme Court shall now hold with
udge Crumpackcr on this point it
viii be interesting to watch what tho
csult will be. A legal declaration that
ur great stock operators are nothing
nore than gamblers might make it
xccedingly awkward for some of them
vho are forced to collect their whi
tings in our courts of law. The stat
it es on the subject are pretty muon
ll made for the protection of lambs
athe'r than for the advantage of
/olves."
TURNS BULL.
Theodore Price Give Reasons For
His Change ot Heart.
He Believes That There Will be "rn,
Material Reduction In the
Cotton AorouRo,
Theodore Price has beoome a bull
and ls now endeavor hiv to make up
for his wanderings from the light by
the distribution of bullish literature.
For instance, he sends out the follow
lng letter explanatory o' his change of
heart:
"New York, April 27, 3905.
"Dear Slr: For over a year I have
been a persistent and consistent bear
upon the cotton market, believing as
I did that the relatively high prices
of 1904 and 1903 would reduce con-,
sumption.
"The comparatively low prices of
late current have, however, reversed
the trend ot trade. The world, in my
opinion is about to witness a tremend
ous expansion In the cotton Industry
and the prospect of another large crop
next year ls exceedingly doubtful, as
shown by my orop report, Issued to
day.
Under these conditions, I believe
that cotton can and should be now
confidently bought by all those likely
tc require it during the next twelve
months.
"Should prices decline still further
on the marketing of this year's sur
plus, purchases will, in my opinion,
become only the more attractive.
"THEO. H. PKICE."
Accompanying the above is his
monthly crop report, which comprises
a compilation of 2,243 replies of an
average date of April nth, from 1,499
out ot a total of 2,340 towns in the
cotton belt to which the subjoined
queries were addressed:
Is the crop late or early In your sec
tion, and to what extent?
What percentage of increase or de
creass will bc shown by the cotton
acreage In your section?
What proportion of the proposed
area has been planted up to date?
What percentage of iccroase or de
crease will there be in cotton ferti
lizer used In your section?
From the replies received to these
he obtains an average Indicated acre
nge decrease of 14 2 per cent.
He then goes cn to say:
"My previous report was Issued
March 25th and summarized or an
average date of March 15 th. In that
report the indicated decrease in acre
age, as estimated by my correspon
dents, was 19.4 per cent.
"The decrease now indicated is 14 2
per cent, which would seem to sug
gest that as the season has progressed
thc disposition to reduce acreage has
become less pronounced.
'"It is noteworthy, however, that
the iudicated acreage on the basis of
the ligures as rcpoited ls now 1.(18(3,
900 acres less than tlie acreage of
1901-03 which produced a crop of ap
proximately 10,200,000 bales.
"My correspondents adhere to their
previous report as to thc reduction in
the amount of cotton fertilizer used,"
many of them stating that the in
crease in the fertilizar tax tag sales
reported by the Btate authorities, is
due to the increased quantity of ferti
lizara sold for use on tho - tobasc": a...'
truck acreage, which has been largely
extended this season.
"The mo3t important feature of
the crop report, in my opinion, how
ever, is the fact that the crop is re
ported on an average twelve days later
than the noriual, while thc propor
tlon of last year was an average of
fully twelve days earlier than the
normal, lt ls plain that the growing
crop ls at least three to four weeks
later than last year.
"A notable though unf^rscen fea
ture was the recent heavy frost, and
I have separately tabulated the re
marks of my correspondents in refer
ence thereto. Killing frost occurred
in:
South Carolina-Aiken, Charleston,
and Oraugeburg counties. The cot
ton reported planted In these counties
prior to the frost averaged-60 per
cent, much of which has to be re
planted.
Georgia-Columbia, Hancock, Mon
roe, Harris, Troup, Cobb, Burke,
?creven, Washington, Coweta, and
Dooly connties. The cotton reported
planted in chas?, counties prior to the
frost averaged 25 per cent. Much re
planting necessary.
Alabama-Marshall, Wilcox, Talla
hoosa, Lamar, Hale, Chambers, Har
bour, Calhoun, Montgomery, Llme
itone, Dallas, Perry, Elmore, Bibb,
Bullock and Lee counties. The cot
xm reported planted in these counties
prior to the frost averaged 50 per
lent. Much replanting necessary.
Mississippi-Chickasaw, Oktibeba
Jlav. Cotton reported planted In
,hese counties prior to the frost avcr
iged 10 per cent. Much replanting
leces ary.
As?far as present conditions afford
my lu llmtio i, the prospect of a
lumper crop for the season of 1905-00
snot brilliant, and in view of tho.
act that whatever the consumption
ibis year may be lt is probable that
.ho world will rf quire a crop of at
east 12,000,000 bales next year, I am
>f the opinion that a policy of con
ervatlsm on the part of spinners sug
gests the advisability of protecting
,helr commitments as far Into the
uture as possible by purchases of cot
,on on the basis of present prices.
My reason for this opiuion as de
reloped from a close study of the
ltuation 1 shall submit in a later
Insular. TIIKODQUK H. PRICE.
tainted Eaoh Soldier With * Klan
A touching incident occurred
luring the Lister celebration
lere. After thc morning service all
n the troops In thc region around
leadquarters were drawn up in
inc before Gen. Llnevltch's tent
,nd the commander lo chief came
mt, greoted the troops and passed
lown the line saluting eacli and eve
y soldier with a kiss. All the men
yere much moved and many of them
?ept. The Incident served to in
reasc their boundless worship of the
ld, groy leader. Gen. Llnevltch
ontlnues energetically the reordan!/.
tion of the various departments of
be army.
Killed HIM Sweetheart.
A dispatch from Woodbury, Ga.,
tates that O.scar Stinson shot and In
tantly killed his sweetheart, Minnie
Vomble, a sixteen-year-old girl, at
ier home in Woodbury Wednesday
lght. After shooting the girl, Stln
un turned the gun on himself and
hot himself. Tho wound did not
rove fatal, and he ls still alive. Jeal
usy ls said to have been the motive.
BOTH Togo and Rujestvensky aro
ntltled to large crcclt for the fact
bat they have not done any preliml
ary fighting with their mouths.
A Mistrial Entered for the Sec
ond Time in the
NAN PATTERSON CASK
At Twenty Minutes Past Two O'clock
Thursday Morning the Jury Report
ed i'uat it Was Hopelessly Dis
agreed, After which they
Were Discharged.
The Jury that has been trying thc
Nan Patterson case in New York foi
the past ten days failed to agree and
were discharged Thursday morning.
Nan Patterson is charged with the
murder of a gambler by the name ol
Caesar Young.
Tho jury was given the case at 1.3C
o'clock Weduesday and after deliberat
ing 12 hours came into court at 1.30
o'clock Thursday morning and inform
ed Recorder Goff that they had failed
to reach a verdict. The Jury declined
the recorder's offer to aid them by ad
vice on anv point of law regarding
which they might be in doubt, and
were sent baok to continue their dellb
orations. At 2.20 o'clock the lurj
a., lin entered the court room, where
the recorder and other court oflloiah
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 mon composing the third jury that
has considered this celebrated case. Il
is understood that a majority of the
jury was for acqultal, but in whal
proportion they stood cannot be ascer
tained.
Miss Patterson collapsed on th?
Jury's announcement and fainted deac
away. She was assisted from the courl
by one of her counsel and several courl
attendants and revived iu the ante
room. On the second return of toh<
jury, Recorder Goff made a persona
appeal to the foreman to endeavoi
again to reach a verdict. The foremar
entered the jury box and'pohed tht
jurors In opon court, but they wert
not able to agree. The recorder ther
asked them again if there was noi
some point in law or something ht
could do by which they might be? able
to reach a verdict, but the jurors re
mained steadfast and finally declarer
their verdict a disagreement. Record
?r Goff, before oismissing the jury,
cautioned them not to tell how they
stood.
Recorder Goff in his charge to the
jury said: "You must not think that
because of the humble position of thia
woman you should not give her the
same consideration as if she occupied
a more exalted position in society.
Whatever her position, she ?B entitled
to the same legal rights as the most
prominent and most conspicuous. It
there be a reasonable doubt in this
case on the evidence, this doubt must
be thrown into the balance for thc
defendant. A danger Hes in the re
marks of counsel which might take
your mind off the direct issue. You
must av.nd this danger."
Thi recorder described the two de
gress of murder and manslaughter In
the drst abd second degrees, which, he
said, he apprehended by the requests
to charge was thought by counsel to
be applicable in the case, and proceed
ed:
"I understand that there is no claim
on the part of the defense that if the
defendant committed this homicide lt
was either justifiable or excusable. I
a'.so understand that the defense claims
that the crime was murder in the first
degree or nothing. But you are not
bound to accept the arguments of
counsel as to the nature of this crime.
You are the judges of the facts, if
there was murder, aud in what dagree.
The crucial question ls: 'Did the man
kill himself or did this defendant tire
the fatal shot?'
"If the accused falls to take ad
vantage of lier privilege to make a
I defense, under advice of her counsel,
her failure to do sa 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.
Rut it 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.
Rut to do this motive must be piov
ed, not Imagined."
Before giving the case to the jury,
Recorder Gol! ruled on the requests
to charge Interposed in Miss Patter
son's behalf. He refused tosubmltone
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 the testi
mony 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 side were not to
be considered as evidence.
After going over the requests, one
by one, Recorder Gulf told the jury it
was not necessary that there should
be direct and positive evidence as to
eve ry tiling and it was sulllclent that
the facts be proven.
"If you believe that it was a phy
alclal impossibility, so far as the na
ture of the wound ls concerned, for
Young to have shot himself, then that
is a fact," he said, "but you must re
member that one Inference cannot be
proven by another inference.
"If you believe the defendant tired
thc shot without deliberation or in
tent to kill, hut in a moment of pas
sion, then you may lind her guilty of
one of the other degrees of manslaug
ter. In reaching your conclusion you
must not be swayed by sympathy or
toher Influence." This is the the sec
ond mistrial in the case.
On Serions t barge.
Jack Mlles, a negro, was Jailed at
Thomasvillc, Ga., on Wednesday,
charged with attempted assault on
Mrs. Belle H. Parker, of Chicago, on
March 21. Tho crime occurred at
"Wildwood," tho southern homo of
Captain II. Thorndee, a Chicago
millionaire. Mrs. Parker was in the
room when a bullet crushed through
the glasa, two lchos from her head.
The. ofliccrs claim they have evidence
to convict Miles, ind say his motive
was to drive John B. Knowlton, the
woman's father, from "Wildwood."
Other negroes are Implicated in a
onsplracy to this end.
TBA CHLTUEB.
The Rapid Growth of the Industry
in tho Sooth. ;
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Pinehurst Gardons at Summerville,
In this State, Furnishes a
Prizo Taking Product.
.The Pinehurst gardens at Sum
merville in South Carolina have shown | c
such success in the cultivation of tea
as to attraot the attention of the
country. The leader in this work is
Major R. D. Trimble, a native of
New York State, who has been con
ducting experiments in tea growing
and bas succeeded to a degree so re
markable as indicate a wonderful de
velopment of tea growing in the
southern part of the United States.
For generations is has been sup
posed that tea could be grown only in
China and Japan/ but of late years
India has developed a large tea-grow
ing industry, and within 30 years Cey
lon is very much engaged in it, and
now it is transferred also to the
United State?. In fact suoh chills as
are in the winter air of South Carolina
but improve and help the planes, so
that in luxuriant growth American
tea gardens are in advance of the
average Asiatio garden, and natives
of Japan who have'vislted Pinehurst
have expressed their wonder at tbe
splendid growth and production of
the plats in that vicinity.
It is the handling of the tea crop
that makes the di li?rent varieties and
makes them more or less valuable
The supposition that there are differ I pe
eut kinds of plants themselves from | 20
which the varying qualities are gath
ered is a mistake. It is in the early
and the later gathering and in the
maturing of them that the high quail
ty, or inferior quality of tea ls de
veloped.
The imports of tea in this country
cost about fifteen million dollars
year. The expansion of the tea grow
business in the South ls 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 thc tea plant to bring lt to
bearing conditions as well as to edu
cate those who work in tea gardens to
do so to the best advantage.
The treatment of the tea from the
picking through the sortir g and up to ru
the firing, as it ls called, is familiar, th
This process is shown at Pinehurst tlc
and ls of very great interest. tb
A wide stretch of country is cov inj
ered by this beautiful growth, and af- sai
ter the American fashion the tields eai
are adorned with llower bushes and goi
foliage plants so that lt ls more like coi
an' exquisite private park than like tot
an ordinary farm. lin
It ls recognized that Pinehurst tea to
is.of the very finest grown. At the ha
Exposition at St. Louis the Oolong da
from Pinehurst took first prize In Cet
competition with the finest brands of TL
tea from tbs old world. rec
The'Department of Agriculture of wi
the United States is taking the great- coi
est Interest in the development of tea
growth and manufacture, and the aid
lt has 'given has been a very impor
tant factor in that work. This is
only one of the scores of Instances In
which Secretary Wilson, the head of
that department, has shown himself
to be conducting it on the broadest
lines of intelligence and enterprise
and far sightedness. The triumphs
achieved under the leadership of Sec
retary Wilson in the last six or eight
years have made a new record of suc
cess in the department and placed Mr.
Wilson at the head of secretaries of
agriculture.
Pinehurst tea farming is far past
the experimental stage. It is more
than a mere culture and is becoming
an established occupation. It is also
not an exceptional thing possible only
In the vicinity of Summerville, lt
has taken root there because of the
enterprise of citizens resident cf South
Carolina, who first studied the condi
tions of soil and climate favorable to
tea growing and then decided that
the required conditions are admirably
met in lower South Carolina, and
especially In Dorchester county. Ex
periment:; Sn tea growing in other
parts of the South are already said to
be producing good results, and a com
paratively new industry is added to
the list that makes thc agriculture of
the United States the most remark
able In the world In Its range of pro
ducts and vast aggregate in volume,
and furnishes a new source of wealth
ti) that section of the country fast bc
coming the garden of civilization.
UAW IIIIUHCII Up.
Ajt Spartanburg Sump Nance, who
tired a pistol shot at Asha Bishop sev
eral days ago. but who killed
little Lillie Quinn instead, has
surrendered to Sheriff Nichols, lie
went to the home of a relative,
Joe White, near Cherokee Springs,
and expressed a desire to give himself
iato the hands of the otllcers of the
law and White accompanied him to
the city. Nance is now In jail. " The
facts lu thc case are familiar to the
readers of this paper. On .Saturday
night about two weeks ago Nance and
Bishop engaged in a dllllculty in tho
West End section of Spartanburg.
They were near the home of Lucius
Quinn and when Naneo tired at Blah
op, thc vS-year-old (laughter of Quinn,
who was playing in the yard, fell with
a bullet lu her brain, causing a wound
from which death ensued a few hours
later. Nance escaped and has been in
hiding since the tragedy until he sur
rendered.
by
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Accidentally Killed tiiniHoir.
Gus Wallace, colored, accidentally
shot and killed himself Sunday night,
while returning home from a negro
church, near Fair Forest, carrying a
double barreled shot gun. At th
time the gun was discharged he bad
alighted from the buggy and was
quarreling with some negro on the
roadside As he attempted to regain
his scat in tho vehicle-the gun was
discharged and the entire load of one
barrel entered his left breast, .pene
tratlng to the heart.
Grew ot Six 1 io-.i.
Tho fishing schooner Florida was
lost In a hurricane near Campeachee
banks about ten days ago and that the
entire crew consisting of six men
went down with thc vessel. There
were twelve or more vessels of a simi
lar character anchored in the imme
diate vicinity and each pajted Its ca
hie and went adrift. Some of tho fish
ermon of other vessels saw a big sea
strike the Florida. Her lights swayed
to ono side and then she went down
Two of her. small boats were later
picked up by'another fishing schooner
between Galveston and New Or
leans.
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RILF?R?I KILFYRE
.That is exactly what it is, aFIr
day at tho otate Fair showing (ts Are I
Every Farmer, Oil Mill, Saw Mill
property should have them. For sale
COLUMBIA SU]
Columbia, S. O. The mach
i THE GUINARD E
? COLUMBI
\ Manufacturers Brick, Fire Proof T<
? Flue linings and Drain Tile. Prep:
I or millions.
I mt
WE ARE LOO
FOR YOUR ORI
COLUMBIA LUMBER
COLUMBIA S
hiske I Morphine I Oigaret
kbit, Habit I Habit
;Oured by Keeley Xr
1329 Lady St. (or P. O. Box 75) OOIUBQ
BB cltd.
CROP BULLETIN.
bat Director Bauer Hnyn About
Crops tho Past Wee*.
The week ending Monday, May 1st,
d practically normal temperature,
lough the first of the week was
oler than usual, thc last few days
?re very warm, with maximum tem
ratures above 80 d3grees on the
th.
There were rains on the 20th, 27 th
d 2i)th, with hall in a few pl*ces,
d destructive high winds in Union
td Saluda counties. The precipita
>n averaged somewhat over an inch
r the State, though many places re
nted less than an iuoh, but over the
tire State enough moisture was sup
led for the present need of all crops
id for germinating recently planted
eds. There were excessive rains in
e central and eastern counties that
layed farmwork from one to three
ys, but, as a rule, the precipitation
is needed and proved very benet! -
il.
Plowing and planting were lnter
pted, but made fair progress with
e soil generally lu excellent condi
ni. Cotton planting ls more than
ree-fourths finished, and early p'ant
js are coming up to good stands;
ne cotton has been chopped In the
?tern counties. Tbere has been
n? replanting done in the central
inties where the nights have been
i cool. Corn planting is now con
ed to bottom lands, and generally
the western counties. Early corn
s good stands but is being severely
maged by cut and bud worms, ne
sitating considerable replanting.
ie corn that was cut down by the
?ont frosts is coming out again and
ll not need to be replanted. Early
rn is being cultivated.
The wheat crop is being damaged
the fly in several northwestern
inties, but is otherwise promising.
ie oats crop was scarcely Injured by
3 frosts and, with exceptions in the
itheastern counties,- ls lu a promis
I condition though heading too low
places.
Truck was greatly benefited by the
jwers of the week and ls promising,
iept peas which were injured by the
d weather of February and agiln
April. Some white potatoes were
npletely destroyed by the frost,
die the larger portion of the crop
making a new growth. Large
pments of strawberries are being
ide.
Protected peach and other fruit
es were only lightly touched by the
ist of the 17th of April, in the ex
ime northwest, while exposed trees
d all their fruit killed; tbe damage
ess in the central counties and very
all In the eastern one. Apples are
t. promising. Pear trees are blight
; badly. Rice planting bas not yet
run in ttie Georgetown district,
i is about finished in other dis
ais. Tobacco transplanting is weii
danced generally, and finished In a
i sections. Melons and other minor
ps are now doing well. Pastures
ird excellent grazing. The season
rom one week to 10 days later than
ia!.
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Another Mino Horror.
sixteen men were killed and one
1 die as the result of an explosion
the Eleanora shaft near Rig Run
., Friday night. The mine ls own
by the Rochester and Pittsburg
al and Iron Company. The night
ft was hmall or there would have
m more fatalltizes os every man
s in tile mine at the time of the
plosion, except one is reported kill
Three bodies were recovered, two
them weie brothers named Kirk
ed. The men were English speak
! and resided at Eleanora, a small
nlng village two miles from the
if t.4
Factory Collup u tl.
Vt Omaha, -N?b., three persons
re killed Wednesday and six injured
the collapse of a three story bulld
at 13th and Grace streets. The
ldlng was occupied by the Omaha
;ket company and thc killed and
ured were employes of the concern.
0 collapse of tho factory was due
a heavy wind storm, which near
1 factory assumed tb^ proportions
i small tornada. A terrific storm
.ain and hail followed tho destruc
i of the building several Inches of
.er falling in a short time.
Found in Pasturo.
Mie dead body of John Fogarty was
nd Thursday In a pasture one mile
m his home, near Woodbury, Ga.
Fogarty left home In the morn
with the intention of going to
lenville. Mr. John W. Williams
ic by Mr. Forgarty's home to see
i, but not finding him, Mr. Fo
ty's family began a search and
nd his body with a pistol by his
5. It is supposed he committed sul
3 but no cause ls given for the act.
Found Head.
11\ unusually tragic death was dis
ered at Union on Friday morning,
m Thomas nowze, tho son of a
mmcni, business man, was found
d in a gasoline house. He had
ken Thursday ot being sick, and it
upposed that descending the few
ps Into the tank pot, the fumes of
gasoline overcame him. He was
found until hours afterward.
ca
ne
fol
us
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an
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an
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qtl
Vre shudder when wc think of tho
sequences to the banks had Bige
and Mrs. Chadwick joined forces.
9 result would have been just awful.
%
%
Anio
Tho
Ves',
and
frat
!l KILFTRE11I
Killer. D3 nonsbratioa every
Sighting qualities. %
, Ginnery and any one owning
pkiYOO..
inery Supply house of the State
{BICK WORKS, i
A., O. '
irra Cotta Building Blocks, for - 5
ired to fill orders for thousands m
S
AU Drug and Tobacco
I Habits. ?
?MTlitu? <e, o* ?3. CX
ibis, B. 0. Contidential correspond
MEN-WRITE TO
DR. HATHAWAY ABOUT
YOUR CONDITION.
!e has been Treating Diseases
of Men for Twenty-five Years.
His Reputation is Firmly
Established.
A VALUABLE BOOK FREE.
DR, HATHAWAY.
Vhosc Knowledge is Free to th Sick.
J. Nowton Hathaway, of Atl*nta.~
0 groat spociulist in tim treatment of
soases of mon, wanta to hear from every
ui who roads Illili announcement, who is nf
ctod with any private disoaso, and let him
plain to thom his hew system of curing this
tss of d??ense, whiah cures in half tho time
quired hy tho old niothod. Dr. . Hathaway
a boon teating discuses of mon for moro than
quurtor century, and ho is continually
giiuiting and perfecting now methods by
ich ho eau euro tho ?lillieted. Ho has euroa
tients scattered oil ovor this country, whom
has never seen, whoso disonsos ho was able
euro by a system which ho has for curing
1 alliictod at a distance, and if you are suf
ing from any disease peculiar to your cos,
any other disenso of a chromo or lingering
.uro; such ns Stricture, Varicocele, Nerv
i Debility, Loss or Manhood, Blood 'Poison
,'philis), Kidney and Bladder Complaints,
oumatism, Diseases o f the Heart, t? to mach
i Livor, etc., you should immediately writs
s groat specialist, and let him explain to
i just what is tho nature of your trouble
1 just what to do for roliof. Ho will coun
nndadviso you for nothing-advioo that lt
?od on 25 years of actual_ experience. A
ult many men mnko tho mistake of their
os by'placing their cases with their local .
fsician, for tho nverago practitioner no
Uer how competent ho may bo, luis not had
i experience necessary to successfully . treat
.h delicate diseases. What you need, and
nt you will bo compelled to resort to if you
sr got cured, is skillful, scientific troatmout,
niuistorcd byan expert specialist whom you
)W Ls competent to treat you. Dr. Hatha
y luis been established in Atlanta*" or nearly
years, and his reputation is known to alf.
has built up tho largest practice in this
intry by dealing honestly with the people,
u tako no risk whatovor in dealing with film
ou can always fool assured of a "square
J."
fou cannot expoct to go through lifo affliot
with a disenso that you know will eventual
load you to a possible death, so write Dr.
tluiway a lotter right now, telling him just
v you suffer, and ho will immediately send
i his opinion of your case, accompanied by
uluablo book on your disenso, all of which
absolutely freo. Have no hesitancy in
liing him. Tho permanent addrossis
J NEWTON HATHAWAY, M. D
8S Inman Bldg., Atlanta, Ga.
A Proposition of Interest
To all readers of this paper, who
ll or write for treatment within the
xt 30 days I will cure them of the
lowing diseases for ONE-HALF my
ital charge: I.OST MANHOOD,
"PHILIS (blood poison), GONO
IE, GLEET, STRICTURE, VARI
)CELE, RUPTURE, CATARRH
d all CHRONIC DISEASES, of
th sexes. Diseases of women cured
tbout operation. PILES cured
ider guarantee without the knife or
y tying or burning operation.
Consultations, Examination, Advice
ree.
T. S. HOJ LEYMAN, M. D.,
THE SPECIALIST.
)oras -i'll and 422 Leonard Building,
Augusta, Ga.
N. B. Catarrh of worst form cured
tickly at home.
You want the Best. We have S
exactly what you want. Don't <
wait to feel exactly ready. We ?
can make you able. Our prices
are LOW-our terms are EASY.
Write us at once for catalogues,
prices and terms. Address
MALONE'S MUSIC HOUSE,
COLUMBIA, S. C.
?>Hmill>HIMH?fl?ll
The Canning Business.
teduce your cotton acreage and in
ase your income by putting in a
all canning plant.
jarge profits in canning all kinds of
its, vegetables, berries, etc. A card
us will bring you desired informa
n. RAN nv CANNBH CO.,
Chapel Hill, N. O.
5fi fi fi BANK DEP?SW
%\?\?\? .Railroad Fara Paid. ' ?05
" KltX K Coursas Offored .
LSSSOBBSBOB Board at Cost Wrtt&Qutct
-rt? KI ?m.iinix?iNcssrrtMPfiF ??heh n.
LEARN TELEGRAPHY
I K..R, AGENCY-We siso train you tor
i U. S. SIGNAL CORPS*. School oslar*
od 17 yoars. Cheao board, 'ow tuition,
Our Pinn INSURES position. CatAlogue
?. GA. TELEGRAPH COLLEGE.
Son?la, G?.