University of South Carolina Libraries
TWO DIVORCES Figure in the Life of Millard, Charged With Bigamy. HE NOW ADMITS THIS In Written Statements Which He Made Concerning His Previous Matri monial Ventures, and Which Are Produced at Prelim* ?nary by ProsecuSon. v Thc preliminary bearing, in the c?2? of Kenyon V. Millard, who was ar rested April 21 charged with fcigamy and who bas been contined in the Orangeburg county jail in default of ?500 bail, was heard Tnursday mim ing by Magistrate C. P. Brunsor, who Issued the warrant for his arrett. The prosecution was represented by Mr. R. Li Weeks of St. Georgb and Hon. T. M. Raysor, while Mess;... Wolfe & Berry and Col. Thomas F. Brantley appeared for the defendant. It had been understood that M.'?uni would conduct his own defense, a*?d it was learned that the counsel foi the defense had been retained by friends ot Millard, who reside In an other State. As is usual with such cases, it at tracted undue notoriety and Magis trate Brunson's t tllce was packed to suffocation long b:fore the time ap pointed for the hearing. In fact, the room was so crowded that there was not room sufficient for those involved 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 foi the State, and the occasion was very mor tifying to her; while Millard, who was _brought info court looking fresh and in good spirits, snowed the ellect 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 his Incarceration, while the only evidence olfered by the defense were cue telegram ano four loiters received from Miss Ken yon since their separation, and also a letter from the cltik of the court of Osceola, Iowa, with reference to a di vorce granted Louisa Millard in ISSI). This correspondence was so volumi nous thai nu effort was mane to rea i it at the time, but Magistrate Brun Bon will re.kd it carefully and caber announce his ?eelsh u at a taler oate or lix another time for hearing thc arguments by attorneys for both sides. Meanwhile Millard has been remanded to jail pending thc magis trate's decision in the matter. ^ The contention of the attorneys foi the prosecution ls that the interlocu tory divorce grained M;s. Ada Millard December 4, 15)04, prevents elthei party from marrying for one yeal thereafter, while the defense holds this to be a mere technicality, Inas much as Millard had not obtained t copy of the decree and was ignorant of Rs restrictions. TUE UN LY WITNESS. Miss Sallie E. Kenyon, whose mar riage to Mi.lard has caused the trou ble, was the oi;ly witness examined, She was questioned by Mr. Weeks She tcstitied as to lier marriage tc Mil'ard on Apr.l 10, which was per formed at Oraugeburg by the Rev. E, M. Lightfoot. She met Millard Ot April t> at her home in St. Georg'?, They were not engaged at that time, The engagement was the result ol several*day's association. Millard die not tell her that he had been previouc ly married until after they had be come engaged to be married. Ht - stated to her that he bad a living wife in California, from whom he had se cured a divorce years before, af Lei 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 lils reasons for not telling her of this pievious lo their marriage that he was afraid witness would not marry him. Ile denied that he had ever been married other than to the California wife. Witness has received three letters from de fendant since he was commllicd io jail and separated from her. These were put in evidence. On cross examination by Mr. Wolfe she explained the fact, thai Iiis letters to her were addressed to '"Rebekka," while the letteis she had written to him at the jai1 were addressed tc "Isaac." This was due to the sug gestion of Millard that their marriage romance was akin to that of Isaac and Rebekka, and lin se minus were adopt ed by them for their correspondence between tilt nisei ves. She had been informed by Millard before they were married that he had been previously married in California, but lie stated that lie had secured a divorce. She staled that before they were married, Millard had written io California to W. II. Haw. elene of court, Humboltcounty, Eureka, Cal., asking for acer tl lied copy of the de cree of cl i voice .'!:;:! 50 cents worth of stamps had bein enclose i in the let ter to cover Ibo cha ives for the copy of decree. After the arrest of the de fendant, a hiter from Lunka bad come t.o St. Georges, which she had opened under direction from defen dant. lt contained the copy of de cree of divorce. She had read it and forwarded it lo defendant at Orange burg. Sev< ral li tters trom witness to defendant and a tell gram were Iden tified and put in evidence. The following loiter was also placed in evidence: Osceola, Iowa, April 28, 1905. Mr. Kenyon V. Millard, Orangeburg, S. C. . Dear Slr: Your letter of April 2:trd in regard to divorce received. The record shows a divorce \v?:s gr,nit , o Louisa Millard in 1880. A ecrtitieel copy of tlie decree wiii bo 81. Yours respi ct fully, F. M. STACY, Chi k of Cour ti TUE CALIKOKNIA Di VOUCH. The following is a copy of tho de cree rt ferrcd to In Miss Ki nyon's tes timony: "In the Superior ("oort of the 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, to be beard the 1st day of December, 1904, upon the complaint herein taken, as confessed by the defendant, whose default for not answering your A complaint has been duly entered. Aad said court having heard the evidence and testimony, and which is sufficient ly corroborated, and after having duly considered the same, and made and Hied Its decision and conclusions of law herein, from which lt appears tbat said plaintiff ought to be granted a decree of divorce together with other relief, as is 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 the statute in such case made and. provided, does order, adjudge and deoree that the said plaintiff is entitled to a decree dissolving the bonds of matrimony now and heretofore existing between the said plaintiff and said defendant; buoh deoree to be entered after the expiration of one year from the entry of this interlocutory judgement. It ?B further ordered, adjudged and de creed that said plaintiff be and she is hereby awarded the sole oare and 1 custody and control of K. V. Millard, J?d JJ. Millard and Paul Millard." S IGNORANCE THE PLEA. Ti'ae following ls an extract from a letter- -written by the defendant to Miss Kerayon, bearing date Friday, 4 p m., ?Iprll28th. It wai written from Oran.geburg by the defendant in jail, ano; was malled to her at St. George: "1 have heard nothing from tue court house Thursday, but I under stand that the prosecution ls going to try and convict me as a criminal on t'..e ground that tho divorce which was ,.-anted my former wife In California lasi; December would not permit me VJ bc married to anybody else for one year: That is, until next 4th or 5th of December (seven montbs in the future). I think they are wrong. I think that 1 could be married in any State outside of California just when I please, after the divorce ts eranted. If 1 made a mistake that could -easily be rectified by my waiting 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 all about the laws of South Carolina. Never heard one thing about them be fore I came down here. All the States have different laws and what is law here is not law in Georgia." Ile 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. UH FIRST MARRIAGE. The following is a portion of a let ter written by defendant, addressed to Miss Kenyon and her mother jointly, in.m tue Orangeburg jail at this place on the Saturday afternoon when he was first committed to jail: "I see by Tue 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 ' iu Farmington, Illinois. Her people's name was Cone. Her name was Louisa : Gone. She had a brother named WU ' liam Cone, residing there. He kind ' enough to write to Farmington, lill 1 nols, and lind out all about her. She L 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 Farmlng \ bon, Illinois, you will be able to icnow ) 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, lii04. "1 have now told you all my history. There is no one else and nothing more, ' and I have nothing to conceal from I you or any one. 1 think the Presby , terian minister married me to Miss . Louisa Cone. 1 got the marriage 11 , c?ense at Lewiston, in Fulton county. [ I 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 DO RIGHT. "I am not a criminal. I have tried ', to do right. 1 have had a strange history, but 1 have never harmed nor attempted nor done any act to delile nor to lead any woman to do wrong. "1 have had to endure it and lt was more than 1 could bear. I am sorry to say that many of our northern so ( iety women are not true to their hus bands. 1 feel pretty sure that the well bread southern lady is one whom a husband can trust. "1 recognize no man as my superior, when it comes to purity of character. I am sorry Sister Mary suspicioned mc of being a scoundrel. It's bad for all of us, and would have been far bet te r to use more patience and not jump .co a hasty conclusion. If 1 have been too hasty or have made any mis takes, it was of my desire to lia ve my 'Rebekkah' with me to bs my helper and companion In arranging my man tises! pt for publication as soou as pos sible." Another letter from Millard tells of a letter he wrote to tho clerk of court out In Iowa, asking whether a divorce had ever been granted to Louisa Mil lard. It is evidently the reply to that letter that was written on April 25th by Clerk Stacy from Osceola, Iowa, which had been copied above, 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 pu oho character and furnish no new information lu regard to the charges against him, they are not re produced. In .".ii nun v ol' Tl ni rod. THE State is urging the Columbia Liberary Association to change the name of the library to "Tho Tlmrod Library." With no intention of in terfcrlng in a kcal matter, we hearti ly endorse tile suggestion of The Slate, lt would be a graceful and di served compliment to the memory Of South Carolina's sweetest singer, who, we confess with shame, was not appreciated during life as he should have been. No man can read the poems and odes of the gifted Timrod without being a better man for hav ing communed with his sweet spirit, in perpel uating the memory of such a man as Hery Timrod the Columbia Library Association would be per forming an act in keeping with the objects of its organization. Bat Boll We?vHs. Charles Howard of tho entomologi cal bureau, department of agriculture at Washington, has been notified of the discovery in Fall county, Tox., of a peculiar bug which ls destroying the boil weevil. Tho Insect was found on a plantation near Waco. WILL STRETCH HEMP. The Fiend, William Johnson, Guilty 1 ot Diabolical Crime. A Sickening and Pathetic Case. The 1 Verdict Moots the Approval or tho People. William Johnson was convicted of of orimlnal assault on Geneva Howell, , a little eight-year-old white girl, In the j court of general sessions on Thursday. | Johnson is a young mulatto about ] seventeen years of age, but well de- \ veloped for his age. The fiendish \ orlme 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, is quite hand- < some in face, and sh? told of her bor- f 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 of man- , hood to feel indignant against the ? fiend who committed the brutal crime, i Thc child was brought Into the court j room in the arms of her mother. She ( was seated upon a chair in the court room, within the bar. 1 When she was called to give her ( testimony, thc ohair was lifted and in i this way she was taken to the witness , station. After she had testified she was taken back to the side of her ( mother In the same manner. She is i helpless and cannot walk a step as the i result of the crime that was committ ed upen her person by the dlobalical ti end. Being a little child, she did , not realize the hellishness of the crime ? the fiend bad committed, and conse quently she did not tell ber mother < until several days after the assault, ( when the serious effects began to be < manifested. The testimony produced at the trial is practically as follows: t Geneva, in a frank, childish way, told cbc Jury all the circumstances In ( connection with the assault. She said ? she did not utter an outcry at the time and stiid 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 i the reason why she said nothing about j the matter she was afraid of thc scoundrel, who had treated her so brutally. ] Bettie Howell, the ?mother of the ; child, statt tl tue age of the little girl i to be eight years. The child wus ; hearty and could walk before this as- ( sault, but is now a helpless cripple. Thc defendaut had worked for them ] some time back but was not working j for ber at time of assault. She lives | about li) miles below Orangeburg. 1 She has never been married, and bas no other children. I Dr. W. M. Carn testified that about a week after the rssault he examined i thc child. Ile found lnllammation. Later he made a more careful exami nation and found the child sullering from a loathsome disease. Could not tell at that length o? time after the assault what force was used. There was uo question as to the child's suf fering from thc disease. The child ls 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. Hydrick testified that he had examined the defendant a few weeks ago, after he bad been lodged in jail. The result of this examina tion proved to him beyond question that the prisoner had a loathsome dis ease. He 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 testified that bc had made an ex amination of the prisoner a few days after he was committed to jill and he had reached the conclusion that he did not have the disease. He hai not made a microscopic examination. The defendant was called to the stand and denied the charge. He made a statement of his innocence. Stated that lie was at thc 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 tiie dinner recess, and the jury had not only had their dinners but had agreed upon the verdict when court reconvened at 3 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 aro some who think that any other verdict migtit have had serious results. The verdict is regarded as a just one by those who heard the testimony. By appointment of the judge Johnson was defended by Mr. John S. Bow man. Johnson was sentenced to be hung on Kriday, June 1(>. Hucket Hlinpa and Kxohanccs. Before the Supreme Court at Wash ington the other day JudgeCrumpack sr bjldly asserted that the Board of Trade of Chicago was nothing better than an Institution established for thc promotion of gambling. Ile was de fending the bucket shops In a caso that ls uow ponding against them, md he did so hy declaring that there was no essential difference between them and the large Institution of the jountry In whian commodities and securities are dealt in on margin. Ho ridiculed the contention that an ac tual delivery of grain is contemplated when there is a purchase or sale of wheat or corn In thc pits at Chicago. He admitted that some actual Bales lake place, but he declared that the boards of trade of the country could not be maintained except for the tran sactions of a purely speculative nature that took place in them. Ho did not ?cny that b.ickeb shops arc placet; where gambling pure and simple, iroes forward, but lie did contend that their transactions arc identical with \ majority of those engaged in by the members of thc legitimate exchanges In either instance he contended that t<he so called business done was bet Ling, mi liiiii: more and nothing less; ind he could not sec why any legal mir splitting should ba done about in matter. In commenting on the position taken bj Judge Crumpackcr The News and Courier says "if the Supreme Court shall now hold with Judge Crumpackcr on this point it will be Interesting to watch what tho result will bc. A legal declaration that mr great stock operatorB are nothing nore than gamblers might make lt ixccedlngly awkward for some of them vho are forced to collect their win lings In our courts of law. Tho stat ites on the subject are pretty much ill made for thc protection of lambs .atber than for the advantage of volves." T?ENS BULL. theodore Frioe Give Reasons For His Change of Heart. u~ Believes That There Will he a Material Reduction In the Cotton Acreage. Theodore Price has become a bull ind ls now endeavoring to make up tor bis wanderings from the light by the distribution of bullish literature. For instance, he sends out the follow ing letter explanatory of his change of Heart: "New York, April 27, 1905 "Dear Slr: For over a year I have been a persistent and consistent bear upon the cotton market, believing as [ did that the relatively high prices )f 1904 and 1903 would reduce con mmptlon. "The comparatively low prloes of late current have, however, reversed tho trend of trade. The world, in my ipi ni on is about to witness a tremend JUS expansion in the cotton Industry ind the prospect of another large orop next year is exceedingly doubtful, as mown by my orop report, issued to lay. "Under these conditions, I believe that cotton can and should be now jontidently bought by all those likely to require lt during the next twelve months. "Should prices decline still further ?n the marketing of this year's sur plus, purchases will, in my opinion, become only the more attractive. "TUEO. II. PKICK." Accompanying the above ls his monthly crop report, which comprises i compilation of 2,243 replies of an average date of April 17tb, from 1,499 ?ut of a total of 2,340 towns in the :otton belt to which the subjoined luerles were addressed: Is the crop late or early in your seo Lion, and to what extent? What percentage of increase or de jreass will be shown by the cotton ?creage in your section? What proportion of the proposed irea has been planted up to date? What percentage of increase or de cease will there be iu cotton ferti izer used in your section? From the replies received to these ie obtains an average indicated acre ige decrease of 14 2 per cent. Ile then goes on to say : "My previous roport was Issued March 25th and summarized or an iverage date of March 15th. In that report the indicated decrease in acre ige, as estimated by my correspon lents, 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 the disposition to reduce acreage has oecome less pronounced. "It ls noteworthy, however, that t.he indicated acreage on the basis of the Ugures as repotted is now 1,080, U00 acres less than the acreage of 1904-03 which produced a crop of ap proximately 10,200,000 bales. "My correspondents adhere to their previous report as to the reduction in the amount of cotton fertilizer used," many of them stating that the in crease in the fertilizer tax tag sales reported by the state authorities, ls due to the Increased quantity of fer ti lizers sold for use on the.-toba?C'. a..J 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 normal, while the propor tion of last year was an average of fully twelve clays earlier than the normal, lt is plain that the growing crop is at least three to four weeks later than last year. "A notable though unforseen fea ture was the recent heavy frost, and I have separately tabulated the re marks of my correspondents in re'sr ?nce thereto. Killing frost occurred In: South Carolina-Aiken, Chariest^: , md Orangeburg counties. Tho cro ton reported planted in these counties prior to the frost averaged 00 per jent, much of which has to be re planted. Georgia-Columbia, Hancock, Mon roe, Harris, Troup, Cobb, Burke, screven, Washington, Coweta, and Dooly connties. The cotton reported jlanted in those counties prior to the rost averaged 25 per cent. Much re canting necessary. Alabama-Marshall, Wilcox, Talla joosa, Lamar, Hale, Chambers, Bar )Our, Calhoun, Montgomery, Llme ;toue, Dallas, Perry, Elmore, Bibb, 3ullock and Lee coutitles. The cot on reported planted in these counties irior to thc frost averaged 50 per tent. Much replanting necessary. Mississippi-Chickasaw, Oktlbeha }lav. Cotton reported planted in hese counties prior to the frost aver ,ged 10 per cent. Much replanting ?eces ary. AsSfar as present conditions afford .ny io. ile it: o i, the prospect of a mmper crop for the season of 1905.00 snot brilliant, and In view of the act that whatever the consumption his year may be lt is probable that he world will require a crop of at Bast 12,000,000 bales next year, I am >f the opinion that a policy of con ervatism on the part of spinners sug :ests tlie advisability of protecting heir commitments as far into the uture as possible by purchases of cot on on the basis of present prices. My reason for this opinion as de elopcd from a close study of the ituation 1 shall submit in a later Insular. THKODQIIK II. PKICK. lalutotl IOacti Soldier With a Kins A touching incident occurred luring tlie E.vstcr celebration icre. After the morning service all n the troops In the region around leadquarters were drawn up in Inc before Gen. Llnevltch's tent nd the commander in chief came ut, greeted the troops and passed own the line saluting each and eve y soldier with a kiss. All the men tero much moved and many of them /ept. The Incident served to in rease their boundless worship of the ld, grey leatler. Gen. Llnevltch ontlnues energetically tho reorganlz tion of the various departments of he army. Killed His Sweetheart. A dispatch from Woodbury, Ga bates that Oscar Stlnson shot and In tently killed his sweetheart, Minnie Vomble, a sixteen-year-old girl, at er home in Woodbury Wednesday ight. After shooting the girl, Stin on turned the gun cn himself and tiot himself. The wound did not rove fatal, and he ls still alive. Jeal usy ls said to have been the motive BOTH Togo and Rojestvensky aro Dittied to large crccit for tho fact bat they have not done any prellmi ary fighting with their mouths. 1 FAIL TO ACREE. IL Mistrial Entered for the Sec ond Time in the ? SAN PATTERSON CASE. it Twenty Mioutes Past Two O'clock Thursday Momias the Jury Report? ed that it Was Hopelessly Dis agreed, After which they Were Discharged. The Jury that has been trying the San Patterson case in New York for ?he past ten days failed to agree and vere discharged Thursday morning. San Patterson ls charged with the nurder of a gambler by the name of Caesar Young. The Jury was given the case at 1.30 >'clock Wednesday and after dellberat ng 12 hours came into court at 1.30 )'clock Thursday morning and Inform id Recorder Goff that they had failed ?o reach a verdict. The Jury declined ?he recorder's offer to aid them by ad rice on any point of lav/ regarding which they might be In doubt, and were sent baok to continue their delib ?rations. At 2.20 o'clock the lury igain entered the court room, where jhe recorder and other court ofllclals were in walting, and the foreman an louuced that they had failed to agree m a verdict. Ile added that their dis Lgreement seemed hopeless of adjust nent. Upon this announcement He arder Guff formally discharged the 12 men composing the third jury that las considered this celebrated case. It s understood that a majority of the jury was for acquital, but in what proportion they stood cannot be ascer tained. Miss Patterson collapsed on the jury's announcement and fainted dead iway. She was assisted from the court by one of her counsel and several court ittendauts and revived iu the ante room. On the second returu of the jury, Recorder Goff made a personal ippeal to the foreman to endeavor igain to reach a verdict. The foreman Bntered the jury box ancT'poJled the furors in opon court, but they were not able to agree. The recorder then isked them again if there was not 3ome point in law or something bc sould do by whloh they might be able to reach a verdict, but the jurors re mained steadfast and finally declared their verdict a disagreement, Record ar Golf, before oismissing the jury,' ?autloned 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 this womau you should not give her the same consideration as if she occupied i more exalted position in siciety. Whatever her position, she is entitled Lo the same legal rights as the most prominent and most conspicuous. If mere be a reasonable doubt in this sase on the evidence, this doubt must ie thrown Into the balance for the lefendant. A danger Hes in the re narks of counsel which might take ?our mind off thc direct issue. You nust avoid this danger." Th? recorder described the two de press of murder and manslaughter In ?he drst ahd second degrees, which, he laid, he apprehended by the requests JO charge was thought by couns-el to io applicable in the case, and proceed ?d: "I understand that there is no claim >n the part of the defense that if the lefendant committed this homicide lt vas either justltiable or excusable. I L'.SO understand that the defense claims /hat the crime was murder In the tirst legree or nothing. Rut you are not lound to accept the arguments of :ouusel as to the nature of this crime, ifou are the judges of the facts, if ,here was murder, aud in what dagree. Che crucial question is: 'Did the man [111 himself or did this defendant lire ,he fatal shot?' "If the accused falls to take ad ?antage of her privilege to make a lefense, under advice of her counsel, 1er failure to do SJ must in no way, >e held against her. ''Much has been said relating to the notive which actuated this defend ,ut, " lie continued. "The prosecution lal ms that she shot the mau because ie had cast her off as lils mistress, lut lt is uot necessary to prove mo ive to convict of murder. If it ls bown that a motive existed, then lt ends to support the circumstances. Jut to do this motive must be piov d, not Imagined." Before giving the case to the jury, tecorder GolT ruled on the requests o charge Interposed in Miss Patter on's behalf. Ile refused tosubmitoue f the requests, saying it would be a irection to the jury to acquit the de endant. Ile told the jury, however, hat they might disregard the testl aony of Julia Smith if they thought b right to do so. He also refused to barge requests concerning Pawn iroker Stern and the failure of the de ens,'. to call J. Morgan Smith. Ile said hat claims on either side were not to ie considered as evidence. After going over the requests, one iy one, Recorder Guff told the jury it iras not necessary that there should ie direct and positive evidence as to vc ry tiling and lt was sufficient that he facts be proven. "If you believe that lt was a phy lclal impossibility, so far as the na ure of the wound is concerned, for roung to have shot himself, then that i a fact," he said, "hut you must re aemher that one Inference cannot ho roven hy another Inference. "If you believe tho defendant (?red lie shot without deliberation or ln ent to kill, but In a moment of pas Ion, then you may lind her guilty of ne of the other degrees of mauslaug er. In reaching your conclusion you lust not be swayed hy sympathy or Dher influence." This is the the sec nd mistrial in the case. On Serious t h,ir KO. Jack Mlles, a negro, was Jailed at 'homasville, Ga., on Wednesday, liarged with attempted assault on [rs. Nelle II. Parker, of Chicago, on larch 21. Tho crime occurred at Wildwood," thc southern home of aptaln n. Thorndee, a Chicago llillonalre. Mrs. Parker was In the ?om when a bullet crushed through lie glass, two lohes from her head, 'he onlccrs claim they have evidence i convict Miles, ind say his motive ^as to drive John B. Knowlton, the 'oman's father, from "Wildwood." ither negroes are implicated in a nsplraoy to this end. ' 1 TEA C?LT??B, The Rapid Growth of the Industry in tho South, , Pine-burst Gardens at Summorvillo. la this State, Furnishes a Prize Taking Produot. .The Pinehurst gardens at Sum merville in South Carolina have shown such success la the oultivatlon of tea as to attract the attention of the country. The leader in this work is Major B. 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 ot tea (Trowing in the southern part of the United States. For generations ls 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 lt is transferred also to the United States. In fact such chills as are in the winter air of South Carolina but improve and help the plants, so that in luxuriant growth American tea gardens are In advance of the average Aslatio garden, and natives of Japan who have'vlsltod Pinehurst have expressed heir wonder at the splendid growth ??.nd production of the plats in that vicinity. It ls the handling of the tea crop that makes the different varieties and makes them more or less valuable. The supposition that there arc differ ent kinds of plants themselves from which the varying qualities are gath ered is a mistake. It is in the early and the later gathering and In the maturing of thom that the high quali ty, or inferior quality of tea is de veloped. The imports of tea lu this couDtry cost about litteen million dollars a year. The expansion of thc 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 chieily for the growth of the tea plant to bring it to bearing conditions as well as to edu cate those who work in tea gardens to do so to the best advantage. Tim treatment of the tea from the picking through the sortirg and up to the tiring, as it ls called, ls familiar. This nrocess is shown at Pinehurst and Is of very great interest. A wide stretch of country is cov ered by tills beautiful growth, and af ter the American fashion the fields aro adorned with dower bushes and foliage plants so that it-is more like an' exquisite private park than like au ordinary farm. It ls recognized that Pinehurst tea isx)f the very finest grown. At the Exposition at St. Louis the Oolong from Pinehurst took first prize in competition with the finest brands of tea from tba old world. The"Department of Agriculture of the United States ls taking the great est interest in the development of tea growth and manufacture, and the aid it 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 lt on the broadest lines of intelligence and enterprise and far sightedness. The triumphs achiever! 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 ls far past the experimental stage. It ls more than a mere culture and is becoming an established occupation. It is ahso not an exceptional thing possible only In the vicinity of Summerville. It lias t?ken 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 periments in tea growing in other parts of the South are already said to he producing good results, and a com paratively new industry is added to the list that makes the 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 to that section of the country fast be coming the garden of civilization. Gave Eilmsen Up. A,t Spartanburg Sump Nance, who tired a pistol shot at Asha Bishop sev eral days ago. but who killed little Lillie (.j .?inn instead, has surrendered to Sheriff Nichols. Ile went to the home of a relative, Joe White, near Cherokee Springs, and expressed a desire to give himself lato the hauls of the officers of the law and White accompanied him to tho city. Nance is now in jail. The facts in tile ca.se are familiar to thc readers of this paper. On Saturday night about two weeks ago Nance and Bishop engaged in a ditllculty in the West End section of Spartanburg. Tiley were near the home of Lucius Quinn and when Nance fired at Bish op, the 8-year-old daughter of Quinn, who was playing in the yard, fell with a bullet In lier brain, causing a wound from willoh death ensued a few horns later. Nan^e escaped and has been In hiding since the tragedy until he sur rendered. Accidentally KM'?xl HiuiHOlf. Gus Wallace, colored, accidentally shot and killed himself Sunday night, while retuminis' home from a negro church, near li'air Forest, carrying a double barreled shot gnu. At the time thc gun was discharged he had alighted from thc buggy and was quarreling with some negro on the roadside. -As he attempted to regain his seat In tho vehicle thc gun was discharged and the entire load of one barrel entered his left breast, .pene trating to thc heart. Ortwof Six Lout. Tho fishing schooler 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 tho vessel. There were twelve or more vessels of a simi lar character anohored lu tho lmme diate vicinity and each parted Its ca ble and went adrift. Some of the fish ermen of other vessels saw a big sea strike the Florida. lier lights swayed to one Bide and then she went down. Two of ber. small boats were later picked up by'another fishing schooner between Galveston and Now Or leans. K?LFYRE! KILFYR .That is exactly what it ia. aFl day at the ?tate Fair showing its fii Every Farmer, Oil Mill, Saw M property should have them. For sa COLUMBIA SI OO1YIXS&1>?EI,, S. C The ma s THE GUI?ARD 3 COIvUMB X Manufacturers Brick. Fire Proof * Flue linings and Drain Tile. Pr< 9 or millions. VYE ARE LO FOR YOUR 0 COLUMBIA LUMBE COLUMBIA * Whiske I Morphine I Oigaret Habit, Habit | Habit JJOured by Keeley J 1329 Lady St. (or P. O. Box 76) Ooh ge cltd. CROP BULLETIN. What Director Flauer Haya About Crops the 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 d3grees on the 29th. There were rains on the 20th, 27 th and 29th, with hall 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 decayed farm work from one to three days, but, as a rule, the precipitation was needed and 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 is 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 wa3 cut down by the recent frosts is coming out again and will not need to be replanted. Early corn is being cultivated. The wheat crop is being damaged by the fly in several northwestern counties, but ls otherwise promising. The oats crop was scarcely injured by the frosts and, with exceptions in the southeastern counties,- is In a promis ing condition though heading too low in places. Truck was greatly benefited 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 wore 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 the frost of the 17th of April, in the ex treme northwest, while exposed trees had all their fruit killed; the damage is less in the central counties and very small In the eastern one. Apples are not promi?lrg. 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 is well advanced generally, and finished in a few sections. Melons and otilar minor crops are now doing well. Pastures afford excellent grazing. The season ls from one week to 10 days later than usual. Another Mino Horror. Sixteen men were killed and one will die as thc result of an explosion at the Eleanora shaft near Big Run Pa., Friday night. The mine ls own ed 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 ls 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, i Factory Collapsed. At Omaha, ??9b., three persons were killed Wednesday and six Injured by the collapse of a three story build ing at 13th and Grace streets. The building was occupied by tho Omaha Casket company and the killed and Injured were employes of the concern. The collapse of the factory was due to a heavy wind storm, which near the factory assumed tin proportions of a small tornada. A terrific storm of rain and hail followed the destruc tlon of the building several Inches of water falling in a short time. Funnel in Pasture. The dead body of John Fogarty was found Thursday In a pasture one mile from his homo, near Woodbury, Ga. Mr. Fogarty left home in the morn ing with the intention of going to Greenville. Mr. John W. Williams I cime by Mr. Forgarty'B home to see bim, but not finding him, Mr. Fo garty's family began a search and found his body with a pistol by his [side. It is supposed he committed sui cide hilt no cause is given for the act. Found Dead. An unusually tragio death was dis covered at Union on Friday morning, when Thomas nowze, tho son ot a prominent business man, was found J dead in a gasoline house. He had j spoken Thursday of being sick, and it is supposed that descending the fow steps into the tank pot, the fumes of the gasoline overcame him. He was not found until hours afterward. ; WK shudder when we think of the consequences to thc banks had Bige low and Mrs. Chadwick joined forces. The result would have been Just awful. EM ??LFYREII! Ira Killer. Da uonstratlou every .e fighting qualities. > ill. Ginnery and any one owning le Dy. chinory Supply nouse of the ?tate zest BRICK WORKS, S IA., O. Terra Cotta Building Blocks, for - g spared to fill orders for thousands 5 All Dr ugand Tobaooo I Habits. Institute, of @. C imbi?, 8. 0. Confidential correaponi. MEN-WRITE TO DR. HATHAWAY ABOUT YOUR CONDITION. He has been Treating Diseases of Men for Twenty-five Years. Iiis Reputation is Firmly Established. A VALUABLE BOOK FREE. DR. HATHAWAY. Whose Knowledge is Free to th Sick. Dr. J. Newton Hathaway, of Atl-mta ' Uio great specialist in tho treatment of diseases of men, wants to hear from every man who roads this announcement, who is af flicted witli any private disease, and let him ot plain to tl HM a his new system of ouring this class of disease, which cures in half the time required by tho old method. Dr.-Hathaway has been tcating disoases of men for more than' a quarter century, and ho is continually originating and perfecting now methods by which he can cure tho afflicted. Ho has euroa patients scattered-oil over this country, whom ho has never seen, whose diseases ho was able to euro by a system which ho hos for ouring tho afflicted nt a distance, and if you are suf fering from any disease peculiar to your sex, or any other disease of a chroma or lingering:, nature; such aa Stricture, Vnrioocolo, Nsrv ous Debility, Loss or "Manhood, Blood 'Poison (Syphilis), Kidnoy and Bladder Complaints, Rheumatism, Diseases of the Heart, Stomach and Liver, etc., you should immediately write this great specialist, and lot him explain to you just what is tho nature of your trouble and just what to do for roliof. Ho will coun sel nndadviso you for nothing-advice that it bared on 25 years nf actual experience. A great many men make tho mistake of their lives by" placing Uioir cases with their local ? physician, for tho average practitioner no matter how comp?tent ho may lie, lias not had the experience necessary to successfully ? treat such delicate diseases. What you need, and what you will bo compelled to resort to if you ever got cured, is'skillful, scientific treatment, administered byan expert specialist whom you know is competent to treat you. Dr. Hatha way luis been established in Atlanta*" or nearly ls years, anil his reputation is known to all. ila has built up tho largest practice in this country by dealing honestly with the people. You tako no risk whatever in dealing with him -you can always fool assured of a "square deal." You cannot expect to go through lifo afflict ed with a disease that you know will eventual ly lead you tb a possible death, so write Dr. Hathaway a lotter right now, telling him just how you sn lier, and he will i inmediately send you his opinion of your case, accompanied by a valuable book on your disease, all of which is absolutely free. Have no hesitancy in Writing him. The permanent nddressis J-NEWTON HATHAWAY, M. D" 8S Inman Bldg., Atlanta, Ga. A Proposition of Interest To all readers of this paper, who call or write for treatment within the next IK) days I will cure them of the following diseases for ONE-HALF my usual charge: LOST MANHOOD, SYPHILIS (blood poison), GONO RHE, GLEET, STRICTURE, VARI COCELE, RUPTURE, CATARRH and all CHRONIC DISEASES, of both sexes. Diseases of women cured without operation. PILES cured under guarantee without the knife or any tying or burning operation. Consultations, Examination, Advice Free. T. S. HOI LEYMAN, M. D.f THE SPECIALIST. Rooms 121 and 422 Leonard Building, Augusta, Ga. N. B. Catarrh of worst form cured quickly at home. mmt Pianos Organs 5 - S fi You want thc Best. We haye S a exactly what you want. Don't rt . wait to feel exactly ready. We g ? 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. ?.mil?NUI|ll??MM< The Canning Business. Reduce your cotton acreage and In crease your income by putting in a small canning plant. Large profits in canning all kinds of fruits, vegetables, berries, etc. A card to us will bring you desired informa tion. RANKY CANNBK GO., Chapel Hill, N. C. _ M??m^ f?ftft BANK DErosif , dJvJaVVfl/ .Raihiad Fare Paid.-. ?O? - . m ?.n?v*nii?tNi!$3f?riftFftP Muhe* ft? LEARN TELEGRAPHY And lt: .F, AGENCY-We also train you tor Tho U.-SJ. StGNAli CORPS". School ostab bshed 17 yoars. Chene board, low tuition; and Our Pinn INSURES position. Catalogue free. GA. TELEGRAPH COLLEGE. Senoia, Ga,