The Marlboro democrat. (Bennettsville, S.C.) 1882-1908, May 12, 1905, Image 7
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<
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VYE ARE LO
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COLUMBIA LUMBE
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Habit, Habit | Habit
JJOured by Keeley J
1329 Lady St. (or P. O. Box 76) Ooh
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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
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and all CHRONIC DISEASES, of
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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
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COLUMBIA, S. C.
?.mil?NUI|ll??MM<
The Canning Business.
Reduce your cotton acreage and In
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Large profits in canning all kinds of
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