University of South Carolina Libraries
:fo DIVORCES f: m ? |s Jp*e in the Life of Millard, S Charged With Bigamy. ? c r HE NOW ADMITS THIS 1 i * t In Written Statements Which He Made < i Concerning His Previous Matrimonial Ventures, and Which ( Are Produced at Preliminary by Prosecution. The preliminary hearing in thccas of Kenyon V. Millard, who was arrested April 21 charged with bigamy and who has been contlned In the Orangeburg county Jail in default of 000 ball, was heard Thursday morn s tng by Magistrate C. 1*. llrunson, who issued the warrant for his arrest. The prosecution was represented bv Mr. R. L. WeekH of St. George and Hon. T. M. Raysor, while Messrs. Wolfe & berry and Col. Thomas K. Brantley appeared for the defendant. It had been understood that Millard would conduct his own ft"'""? ? w ?m %*v>vuoi/| OUU It wan learned that tho counsel for the. defense had been retained by friends of Millard, who reside In another State. As Is usual with such cases, It attracted undue notoriety and Magls trate Bruuson's i Woe was packed to suffocation long before the time ap pointed for the hearing. In fact, the room was so crowden that there was not room sulllolent for those In vol v- d In the case, and the attorneys were forced to ask that the room be cleared before they would take up the case. Miss Kenyon, who recently married Millard, was the only witness for the State, and the occasion was very mortifying to her; while Millard, who was brought into court looking fresh and in good spirits, showed tire effect of the strain before an adjournment was was reached. In addition to Mits Kenyon's testl mony, tho Stato entered as evidence three letters written by Millard to Miss Kenyon since his Incarceration, while the only evidence offered by the defense were one telegram and four letters receiver! from Miss Kenyon since their separation, ai.d also a letter from the clerk of the court of Osceola, Iowa, with reference ?? n?-1 j^^^vorce granted Louisa Millard in 1880. TStrillff^^jifiis correspondence was so volumi as tU^froua that no eilort was made to read It at the time, but Magistrate Iirunson will read it carefully and either announce his decision at a later date or tix another time for hearing the arguments by attorneys for both sides. Meanwhile Millard has been remanded to jail pending the magis trate's decision in the matter. The contention of the attorneys for the prosecution Is that the interiocu tory divorce granted Mis. Ada Millard December 4, 1004, prevents either party from marrying for one year thereafter, while the defense holds this to be a mere technicality, inasmuch as Millard had not obtained a copy of the decree and was ignorant of its restrictions. TIIB ONLY WITNK88. Miss Sallle 10 Kenyon, whose marriage to Millard has caused the trouble, was the only witness examined. She was questioned by Mr. Weeks. She testilied as to her marriage to Mil'ard on April 19, which was per formed at Orangeburg by the Kev. K ***^^M^Ltghtfoot. She met Millard on ^frTHStT floor They wore not engaged at that time. The engagement was the result of several day's awooiation. Millard did not tell her that he had been previous ly married until after they had be come endued to be married. He stated to her that tie had a living wife In California, from whom he had si cured a divorce years before, after having lived with her only a few days. After his arrest he told her more of his married life. Stated that he had five children by his California wife, and gave as his reasons for not telling her of this previous to their marriage that he was afraid witness would not marry him. He denied that ho had over been married other ^ than to the California wife. Witness has received three letters from defendant since he was committed to jail and separated from her. These were put in evidence. On cross examination by Mr. Wolfe she explained the fact that his letters to her were addressed to '"ttebckka," while the letters she had written to him at the Jail were addressed to "Isaac." This was due to the sug gestion of Millard that their marriage romance was akin to that of Isaac aud Rebekka, and those names were adopted by them for their correspondence between themselves. . . r She had been Informed by Millard before they were married that lie had jbeen previously married in California, ibut he stated that he had secured a -^wtanrce. She stated that, before they weroiiifrxrled, AUllard had written to California to W. H. Haw, clerk of court, Humbolt county, Kureka, Cal., asking for a certified copy of the decree of divorce, and 50 cents wortli of stamps had been enclosed in the let ter to cover the charges for the copy of decree. After the arrest of the defendant, a letter.from Plureka had /1AW.A A Vlfr Onnroau uthlnli ulin Hurl tUlliO I.W WU. U?IV 14 (*V? opened under direction from riefen dant. It contained the copy of decree of divorce. She had read it and forwarded it to defendant at Orangeburg. Several letters from witness to defendant and a telegram were identified and put in evidence. The followlnK letter was also placed in evidence: Osceola, Iowa, April 28, 1905. Mr. Kenyon V. Millard, Orangeburg, S. C. Dear Sir: . Your letter of April 23rd in regard to divorce received. Tho record shows a divorce was granted Louisa Millard in 1880. A certified oopy of the decree will be II. Yours respectfully, F. M. Stacy, Clerk of Court. 1'iik california divokck. The following is a oopy of the decree referred to in Miss Kenyon's testimony: v I "In tho Superior Court of the County 5<*: of Humboldt, in the State of California. "Ada A. Millard, plaintiff, vs. K. V. Millard; defendant. Interlocutory judgment. "This case having been brought on, 1 to be heard the 1st day of December, * 1904, upon tho complaint herein taken, as confessed by the defendant, arn a*. whose default for not answering your J rwT:?: *nWm >mplaint has been duly entered. And kid court having heard the evidence no testimony, and which Is sufficientr corroborated, and after having duly onsldered the same, and made and led Ite decision and conclusions of &w herein, from whloh it appears hat said plaintiff ought to be granted , decree of divorce together with ither relief, as is herein spcoltled; low, in accordance therewith, and on notion of counsel for said plaintiff it s ordered, adjudged and decreed, and ibis court, in pursuance of the statute n such case made and provided, does jrder, adjudge and decree that the iald plaintiff is entitled to a decree Ilssolviiig the bonds of matrimony now and heretofore existing between the said plaintiff and said defendant; such decree to be entered after the expiration of one year from the entry of this Interlocutory judgement. It Is further ordered, adjudged and decreed that said plaintiff be and she is hereby awarded the sole care and custody and control of K. V. Millard, Kd II. Millard and Paul Millard." IONOIIANCK THE l'LEA. The following Is an extract from a letter written by the defendant to Miss Kcnyon, bearing date Friday, 4 p m., April 28th. It was written from Orangeburg by the defendant in jail, and was mailed to her at St. George: "1 have heard nothing from tiie court house Thursday, but I understand that the prosecution is going to try and convict me as a criminal on the ground that the divorce which was granted my former wife In California last 4th of December would not permit mo to be married to anybody else for one year: That is, uutll next 4th or 5th jf December (seven months in the future). 1 think they are wrong. 1 think that 1 could he married In any State outside of California just when I please, after the divorce is granted If I made a mistake that could easily be rectltied by my waiting until December 4 th or 5th and then sccurh g a license In Georgia and being married there according to the laws of (}.Borgia. I did not understand all the little 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 1 came down here. All the States Vxn JI * * imv? uiuururib laws ana wnat is law here Is not law In Georgia." lie 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 cm wait until after the 1th of next De comber and be remarried and purposes to arrange for her support in the meanwhile. HIS KIUST MAHKIAUB. The following Is a portion of a letter written by defendant, addressed to Miss Kenyon and her mother jointly, from the Orangeburg jail at this place on the Saturday afternoon when he was Ilrst committed to jail: "I see by The State that Sister Mary; In examining my letters, found uie from my divorced wife, indicating that sho believed that I had a wife some where else. She was mistaken. When 1 was 21 years old 1 married a girl in Farmlngton, Illinois. Her people's name was Cone. Her name was Louisa Cone. She had a brother named William Cone, residing there. He kind enough to write to Farmlngton, Illinois, and 11 rid out all about her. Shewas not my wife when I married the woman whose letter you read (Here Is given a statement as to his tirsr, wife's unfaithfulness.) "1 left her and if you will write to <vny ui uiu oicier citizens or Farmington, Illinois, you will be able to Know surely that 1 had no wife when 1 married the woman who lives In California, and who was my lawful wife until divorced December 4th, 1UU4. "1 have now told you all my history. There Is no one else and nothing more, and I have nothing to conceal from you or any one. 1 think the Presbyterian minister married me to Miss Louisa Cone. I got the marriage license at Lewlston, In Fulton county. 1 think you had better send immediately and 11 nd out all about her. If there are any quest ions you or your lawyer would like to ask 1 will take pleasure In answering them. TU1KD TO DO IUQIIT. "I am not a criminal. I have tried to do right. I have had a strange history, hut I have never harmed nor attempted nor done any act to detile nor to lead any woman to do wrong. "1 have had to endure it and It was more than 1 could bear. I am sorry to say that many of our northern so eiety women are not true to thoir husbands. I feel pretty sure that the well bread southern lady Is one whom a husband can trust. ' I recognize no man as my superior, when it comes to purity of character. I am sorry Slater Mary susplcloned me of being a scoundrel. It's bad for all of us, and would have been far hetti r to use more patience and not Jump to a hasty conclusion. If I have been too hasty or have made any mistakes, It was of my d.sire to have my 'Itebckkah' with me to b3 my helper and companion In arranging my manuscsipt for publication as soon as possible." Another letter from Millard tells of a letter he wrote to the clerk of court out In Iowa, asking whether a divorce had ever been granted to Louisa Millard. It Is evidently the reply to that letter that was written on April 25th by Clerk Stacy from Oiceola, Iowa, which had been copied above, stating that a divorce wa.s i/rant.nri n.WMVVU "JUI1II Millard In 1880. Several letters from Miss Kenyon to Millard were Introduced In evidence, but as they are not of a public character and furnish no new information In regard to the charges against him, they arc not reproduced. In Memory of Tlmrotl. Tiik State Is urging the Columbia Llberary Association to change the name of the library to "The Tlmrod Library." With no Intention of In tcrfering in a local matter, we heartily endorse the suggestion of The State. It would be a graceful and deserved compliment to the memory of South Carolina's sweetest singer, who, we confess with shame, was not appreciated during life as he should have been. No man can read the poems and odes of the gifted Tlmrod without being a better man for having communed with his sweet spirit. In perpetuating the memory of suoh a man as Ilery Tlmrod the Columbia Library Association would be performing an act In keeping with the objects of Its organization. Hat Boll WooyIU. Charles Howard of the entomological bureau, department of agriculture at Washington, has been notified of the discovery In Fall county, Tex., of a peculiar bug which is destroying the boll weevil. The insect was found on a plantation near Wacoy,** * T 1 fr,' dl WILL STRETCH HEMP.| The Fiend, William Johnaos, Onilty ot Diabolical Crime. A Sickening and r?tlietfo Cue. The Verdict Meets the Approval of the People. William Johnson was convicted of of criminal assault on Geneva Howell, a little eight-year-old white girl, in the court of general sessions on Thursday. Johnson is a young mulatto al>out seventeen years of age, but well de veloped for his age. The tleudish crime was committed near Bowman a few months ago. A full account of it was published in Tiie Times and Democrat at the time. The little girl upon whom the fiendish assault was made, is quite handsome In face, and she told of her horrible 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 manhood to feel indignant against the fiend who committed the brutal crime. The child was brought into the court room in the arms of her mother. She was seated upon a chair in the court room, within the bar. When she was called to give hei testimony, the chair was lifted and in this way she was taken to the witness station. After she had testified she was taken back to the side of her mother in the same manner. She is helpless and cannot walk a step as the result of the crime that was committed upi n her person by the dloballcal fiend. Being a little child, she did not reali/.e the bullishness of the crime the fiend had committed, and conse <1 lently she did not tell her mother until several days after the assault, when tire serious eilects began to b manifested. The testimony produced at the trial is practically as follows: Geneva, in a frank, ehlldlsh way, told iho jury all the circumstances in connection with the assault. She said she did not utter au outcry at the lime and said nothing ab< ut it to her mother until a few days after the occurrence. She told a plain straightforward story of the brutal way the fiend had treated her. While she did not say so, It is very probable that the reason why she said nothing about the matter she was afraid of the scoundrel, who had treated her so brutally. Bettie 11 .well, the .mother of the child, stated the age of the little girl to l>e eight years. The child was hearty and could walk before this assault, but Is now a helpless cripple. me aeienoant nan worked Tor them some tlma back but was not working for her at time of assault. She lives about 19 miles below Orangeburg. She has never been married, and has no othe^ children. Dr. W. M. Cam testified that about a week after the assault he examinee the child. He found irllimmation Lator he made a more careful exami nation and found the child suffering from a loathsome disease. Could noi tell at that length of time after tlx assault what force was used. Then was no questiou as to the child's suf ferlng from the disease. The child li now suffering from chronic poisoning from the disease. This has producer a rheumatic condition that has ren derod her lower limbs helpless. I)r. D. J. llydrlck testltied that hi had examined the defendant a fev weeks ago. after he had been lodgec In Jail. The result of this examina tion proved to him beyond questioi that the prisoner had a loathsome dis ease, lie stated that this was trm beyond a question. On the part of the defense Dr. J A OHffnn ...no ooOoA n ?t, vut wwi.j uo i^atiovi tu i/iic nuwkl hhc ho testllled that he had made an ex aralnatlon of the prisoner a few day; after he was committed to Jill and hi had reached the conoluslon that h< did not have the disease. He ha:l no made a microscopic examination. The defendant was called to th< stand and denied the charge. Hi made a statement of his Innocence Stated that he was at the house o the child's mother on the day stated but had not committed any sue! crime. The case was given to the jury ai half past one o'clock, Just at the houi set for the dinner recess, and the jurj had not only had their dinners bui had agreed upon the verdict when court reconvened at 3 o'clock. The verdict found was guilty, anc as there was no recommendation foi mercy, the sentence carries the deatl penalty. The story told by the little gir touched all present and there are some who think that any other verdicl might have had serious results. The verdict Is regarded as a Just one by those who heard the testimony, Hy appointment of the Judge Johnsor was defended by iMr. John S. liow man. Bucket NIioi>h and F'x changes. before the Supreme Court at Washington the other day Judge Orumpacker b ddly asserted that the Hoard ol Trade of Chicago was nothing bettei than an Institution established for the promotion of gamblinur. He was d?. fending the bucket shops in a case that is now pending against them, and he did so by declaring that there was no essential difference between them and the large Institution of the country in which commodities and securities are dealt in on margin. He ridiculed the contention that an actual delivery of grain is contemplated when there Is a purchase or sale ol wheat or corn in the pits at Chicago He admitted that some actual sale: take 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 plaoe in them. lie did nol deny that buoket shops are place* where gambling pure and simple ge>es forward, but he did contend thai their transactions arc identical witfc a majority of those engaged In by the members of the legitimate exohanges In either Instance he contended that the so called b isiness done was betting, nothing more and nothing less and he could not see why any legal hair splitting should bs done about the matter. In commenting on the position taken, by Judge Crumpaokei The News and Courier says "if the Supreme Court shall now hold with Judge Crumpacker on this point it will be Interesting to watoh what the result will be. A legal declaration that our great stock operators are nothing more than gamblers might make it exceedingly awkward for some of them who are forced to collect their winnings in our courts of law. The statutes on the subject are pretty much all made for the protection of lambe rather than for the advantage ol wolves." ? V J TURNS BULL. Theodora Frioe Give Beasont For Hit Change oi Heart. / He Believes That There Will be a Material Reduction In the Cotton Acreage. 1 Theodore Price has beoome & bull and !h now endeavoring to make up for his wanderings from the light by > the distribution of bullish literature. For Instance, he Bends out the following letter explanatory of his change of heart: "New York, April 27, )90ii. "Dear Sir: For over a year I have been a persistent and consistent bear upon the cotton market, believing as 1 did that the relatively high prices of 1904 and 1903 would reduce consumption. "The comparatively low prices of late current have, however, reversed ' the trend of trade. The world, In my ' opinion Is about to witness a tremend-1 1 ous expansion In the cotton industry i and the pro-ipectof another large crop ' next year Is exceedingly doubtful, as 1 shown by my orop report, Issued to' day. i 1 "Under these conditions, I believe | 1 that cotton can and should be now confidently bought by all those likely ' to require It during the next twelve 1 1 months. 1 1 "Should prices decline still further ! on the marketing of this year's surplus, purchases will, in ray opinion, 1 become only the more attractive. "TIIBO. II. Prick." Accompanying the above is his 1 monthly crop report, which comprises ' a compilation of 2,243 rerlles of an ! average date of April 17tb, from 1,499 out of a total of 2,340 towns In the cotton t>elt to which the subjoined <iuerles were addressed: ' Is the crop late or early In your sec' tlon, and to what extent? What percentage of Increase or decreass will be shown by the cotton 1 acreage in your section? I What proportion of the proposed 1 area has been planted up to date? What percentage of increase or de1 crease will there be in cotton fertilizer used In your section? From the replies received to these ' he obtains an average indicated acre ' pge decrease of 14 2 per cent. 1 He then goes on to say: 1 "My previous report was issued 1 March 25th and sum marl zed or an average date of March 15th. In that 1 report the Indicated decrease in acre age, as estimated by my correspon 1 dents, was 19.4 percent. "The decrease now indicated Is 14 2 per cent, which would seem to suggest that as the season has progressed the disposition to reduce acreage has ' become less pronounced. "It is uoteworthy, however, that 1 the indicated acreage on the basis of the 11 gures as reported Is now 1,686,' (too acres less than the acreage of I 1904-03 which produced a crop of ap proximately 10,200,000 bales. "My correspondents adhere to their f previous report as to the reduction in the amount of cotton fertilizer used, ' many of them stating that the in5 crease in the fertiliz ;r tax tag sales reported by the state authorities is i due to the increased quantity of ferti( llzsrs sold for use on the tobacco and truck acreage, which has been largely extended this season. "The most important feature of 5 the crop report, in my opinion, how v ever, Is the fact that the crop is re J ported on an average twelve da>s later - tuau one normal, while title propor i tlon of last year was an average of fully twelve days earlier than the b normal, It Is plain that the growing crop is at least three to four weeks later thau last year. 1 "A notable though unfi*rseen fea ture was the recent heavy frost, and s I hare separately tabulated the re b ui irks of my correspondents in refer b ence thereto. Killing frost occurred t in: South Carolina?Aiken, Charleston, b and Orangeburg counties. The cot b ton reported planted in these counties prior to the frost averaged GO per f cent, much of which has to be rei planted. i Georgia?Columbia, Hancock, Monroo, Harris, Tfoup, Cobb, Burke, t Screven, Washington, Coweta, and r Dooly conntles. The cotton reported f planted in these counties prior to the b frost aieraged 25 per cent. Much rei planting necessary. Alabama?Marshall, Wilcox, Talla 1 poosa, Lamar, Hale, Chambers, Bar r bour, Calhoun, Montgomery, Limei stone, Dallas, Perry, Klmore, Bibb, Bullock and Lee counties. The cot 1 ton reported planted in these counties s prior to the frost averaged 50 per i cent. Much replanting necessary. ( Mississippi?Chickasaw, Oxtlbeha & Clav. Cotton reported planted in these counties prior to the frost aver ( > aged 10 per cent. Much replanting neces ary. Asjfar as present conditions afford ( any la licitto i, the prospect of a , bumper orop for the season of 1905-06 '( Is not brilliant, and in view of the ( ; fact that whatever the consumption , ' this year may be it is probable that , the world will rc quire a crop of at ! least 12.000,000 bales next year, I am | of the opinion that a policy of con- ( > servatlsm on the part of spinners sug- | , gests the advisability of- protecting , t their commitments as far into the , i future as possible by purohases of cot , j ton on the basis of nreuAnf. nr?/>oa I My reason for this opinion as de- | > veloped from a close study of the , situation I shall submit in a later , circular. Tiirodokb H. Prick. Saluted Kaeh ttohllnr With Klsa- ! t A touching Incident ocourred . during the Easter celebration 1 [ here. After the morning service all 1 in the troops in ttie region around s headquarters were drawn up in 1 . line before Gen. Linevitch's tent 1 j and the commander in chief oame ' out, greeted the troops and passed ! down the line saluting each and eve- 1 [ ry soldier with a kiss. All the men ' , were much moved and many of them * wept. The incident served to in- ( crease their boundless worship of the 1 ' old, grey leader. Gen. Llnevitch 1 ! continues energetically the reorganlz 1 [ ation of the various departments of ' the army. ) Killed His (Sweetheart. A dispatoh from Woodbury, Ga., > states that Oscar Stlnson shot and in- < ; stantly killed his sweetheart, Minnie ' Womble, a sixteen-year-Old girl, at j 1 her home in Woodbury Wednesday ' night. After shooting the girl, Stin- ( > son turned the gun on himself and 1 : shot himself. The wound did not 1 1 prove fatal, and he is still alive. Jeal- J ousy Is said to have'been the motive. t i Both Togo and Rojestvensky are \ i entitled to large oreolt for the faot \ ' that they have not done any prellml- ( nary fighting with their mouths. ( rmMiv * FAIL TO AGREt. T i Mistrial Entered for the Second Time in the ! UAN PATTERSON CASE. it Twenty Minutes Past Two O'clock D Thursday Morning the Jury Report8 cd that it Was Hopelessly Dis- a c agreed, After which they a Were Discharged. * The Jury that has been trying the a Nan Patterson case in New York for 11 t.he past ten days failed to agree and * were discharged Thursday morning. Nan Patterson is charged with the murder of a gambler by the name of Jaesar Young. The Jury was given the case at 1.30 j'clock Wednesday and after deliberate Ing 12 hours came into court at 1.30 a'clock Thursday morning and informed Recorder (JofI that they had failed to reach a verdict. The jury declined the recorder's olTer to aid them by advice on any point of law regarding which they might be in doubt, and were sent back to oontinue their dellb orations. At 2 20 o'clock the lury again entered the court room, where the recorder and other court olllclals were In waiting, and the foreman announced that they had failed to agree on a verdict. He added that their disagreement seemed hopeless of adjustment. Upon this announcement Recorder Gull formally discharged the 12 men composing the third jury that has considered this celebrated case. It is understood that a majority of the jury was for acqultal, but In what proportion they stood cannot be ascertained. Miss Patterson collapsed on the jury's announcement and fainted dead away. She was assisted from the court by one of her counsel and several court attendants and revived In the ante. room. On the second return of the I jury, Recorder Goff made a personal ' appeal to the foreman to endeavor 1 again to reach a verdict. The foreman 1 entered the Jury box and polled the Jurors In opon court, but they were j not able to agree. The recorder then asked them-again If there was not some point in law or something he 1 could do by which they might be able to reach a verdlctf but the jurors re- 1 malned steadfast and finally declared their verdict a disagreement. Record- 1 er GofT, before dismissing the jury, cautioned them not to tell how they 1 stood. 1 Recorder GofT in his charge to the jury said: "You must not think that because of the bumble position of this woman you should not give her the same consideration as If she occupied \ a more exalted position in society. Whatever her position, she Is entitled to the same legal rights as the most prominent and most conspicuous. If 1 there be a reasonable doubt in this ' case on the evidence, this doubt must be thrown into the balance for the defendant. A danger lies In the re 1 marks of counsel which might take your mind off the direct isbue. You must avoid this danger." The recorder described the two do gress of murder and manslaughter in 1 the drstand second degrees, which, he 1 sa'd, he apprehended by the requests to charge was thought by counsel to be applicable in the case, and proceed- ' ed: "I understand that there is no claim 1 on the part of the defense that if the defendant committed this homicide it was either justifiable or excusable. 1 a s > understand that the defense claim > that the crime vvas murder in the first degree or nothing. But you are not bound to accept the arguments of counsel as to the nature of this crime. You are the judges of the facts, if there was murder, and in whatdagree. The crucial question is: 'Did the man kill himself or did this defendant tire the fatal shot?' "If the accused falls to take ad vantage of her privilege to make a defense, under advice of her counsel, her failure to do so must in nn u/av ? ?~ ?. %~J J be held against her. ''Much has been said relating to the ' motive which actuated this defend ? ant," he continued. "The prosecution i claims that she shot the man because ( he had cast her off as his mistress. a Hut It is not necessary to prove mo- * tive to convict of murder. If it Is c 3hown that a motive existed, then it tends to support the circumstances. But to do this motive must be prov- j ed, not imagined." Before giving the case to the jury, t Recorder GofT ruled on the requests s to charge interposed in Miss Patter- s son's behalf. He refused to submit one c )f the requests, saying it would be a iirectlon to the jury to acquit the de- { fondant. He told the jury, however, ( that they might disregard the testl- j mony of Julia Smith if they tnought it right to do so. He also refused to charge requests concerning Pawnbroker Stern and the failure of the dc- 11 fense to call J. Morgan Smith. He said e that claims on either side were not to II t>e considered as evidence. s After going over the requests, one v by one, Recorder Goff told the jury it J was not necessary that there should a be dlreot and positive evidence as to i everything and it was sufficient that It the facts be proven. t "If you believe that it was a phy- f dotal impossibility, so far as the na- r ture of the wound is nnn<wmoH t n Young to have shot himself, then that I Is a fact," he said, "but you must re- \ member that one Inference cannot be 1 proven by another Inference. (, "If you believe the defendant fired o bhe shot without deliberation or In- v bent to kill, bit in a moment of pas- a lion, then you may find her guilty of f >ne of the other degrees of manslaug- li ber. In reaching your conclusion you It must not be swayed by sympathy or r boher Influence." This is the the sec- . )nd mistrial in the oasc. On Serious L hsrge. 1 Jack Miles, a negro, was jailed at ^ rhomasvllle, Qa., on Wednesday, j iharrged with attempted assault on * Vfrs. Belle II. Parker, of Chicago, on v. March 21. The orime occurred at I 'Wlldwood," the southern home of Japtain H. Thorndee, a Chicago millionaire. Mrs. Parkor was in the 'oom when a bullet orushed through 0 bhe glass, two iohes from her head. " The officers claim they have evidence ^ bo convict Miles, and say his motive * vas to drive John B. Knowlton, the ~ woman's father, from "Wlldwood." " )ther negroes are implicated In a a msplr acy to this end. 0 A * * JLJL^n VfiJX he Eapid Growth of the Industry in the Sonth. . 'Inehuret Otrdena at Suiumervlllo, In this State, Furnishes a Prize Taking Produot. The Plnehurst gardens at Sumlerville in South Carolina have shown uch success in the cultivation of tea s to attract the attention of the ountry. The leader in this work is lajor It. D. Trimble, a native of few York State, who has been coniuotlng experiments In tea growing nd has succeeded to a degree so renarkable as indicate a wonderful deelopment of tea growing in the outhern part of the United States. For generations Is has been sup >08cd that tea could be grown only In yhlna and Japan, but of late years ndla has developed a large tea-growng Industry, and within 30 years Ceyon is very much engaged in it, and iow it is transferred also to the Jnlted States. In fact such chills as kre in the winter air of South Carolina jut improve and help tho plants, so ,hat In luxuriant growth American ,ea gardens are in advance of tho tverage Asiatic garden, and natives >f Japan who have visited Plnehurst lave expressed their wonder at the iplendid growth and production of ,he plats in that vicinity. It Is the handling of the tea crop ihat makes the different varieties and nakes them more or less valuable. The supposition that there are differ snt kinds of plants themselves from which the varying qualities are gathjred is a mistake. It Is in the early ind the later gathering and in the maturing of them that the high qualify, or inferior quality of tea Is developed. Tho Imports of tea in this country ;ost about tifteen million dollars a year. Tho expansion of the tea growbusiness in the South is so rapid as to lead to the belief that the American market may be supplied with domestic tea before many years have passed ?time being required chiclly for the growth of tlie tea plant to bring it to bearinir conditions as well as t,n nrlu sate those who work In tea gardens to do so to the best advantage. The treatment of the tea from the plcklug through the sortlrg and up to the firing, as It Is called, Is familiar. This Drocess Is shown at Plnehurst and Is of very great Interest. A wide stretch of country is cov ared by this beautiful growth, and after the American fashion the Holds are adorned with llower bushes and foliage plants so that It is more like an exquisite private park than like an ordinary farm. It Is recognized that Plnehurst tea Is of the very finest grown. At the Exposition at St. Louis the Ojlong from Plnehurst tcok first prize In sompetitlon with the finest brands of tea from the old world. The Department of Agriculture of the United States Is taking the greatest Interest In the development of tea growth and manufacture, and the aid it has given has been a very Important factor in that work. This is only one of the scores of Instances In which Secretary Wilson, the head of that department, has shown himself to be conducting It on the broadest lines of Intelligence and enterprise and far slghtedness. The triumphs' achieved under the leadership of Secretary Wilson In the last six or eight years have made a new record of sue 3ess in the department and placed Mr Wilson at the head of secretaries of igriculture. Plnehurst tea farming Is far past the experimental stage. It is more than a mere culture and is bec<. mlng in established occupation. It is aLo oot an exceptional thing possible only in the vicinity of Sumraerville. It las taken root there because of the mterprlse of citizens resident of S uth Jarolina, who first studied the conditions of soil and climate favorable to tea growing and then decided that the required conditions are admirably net in lower South Carolina, and specially In Dorchester county. Experiments in tea growing In other parts of the South are already said to pe producing good results, and a comparatively new Industry Is added to .he list that makes the agriculture of .he United States the most remarkiblc in the world In Its range of prolucts and vast aggregate In volume, md furnishes a new source of wealth ,o that section of the country fast be :omlng the garden of civilization. There 1m a Dift'orctice. The difference between Kennedy's ..axative Ho.iey and Tar and all other lough Syrups is that it moves the >owels, tnusexpelling a cold from the ystem. Tills relaxes tiie nerve-tisues and by its healing and soothing ll'ect on the throat and lungs the ough is relieved?cured entirely, (ennedy's is the original Laxative loney and Tar. It contains noopiates. ?ood alike for young and old. Sold by )r. B. Norton Oetu tlliiiHell Up. At Spartanburg Sump Nance, who ired a pistol shot at Asha bishop sevral days ago. but who killed Ittle Llllle Qulnn instead, has urrendered to Sheriff Nichols. lie rent to the home of a relative, oe White, near Cherokee Springs, ,nd expressed a desire to give himself ato the hands of the officers of the aw and White accompanied him to he city. Nance is now in jail. The acts in the case are familiar to the eaders of this paper. On Saturday light about two weeks ago Nance and llshop engaged in a difficulty in the Vest find section of Spartanburg. Phey were near the home of Luolus 111 Inn and whnn Nanca Hfo/t ^ mvu av liinii" p, the 8-year-old daughter of (Julnn, /ho was playing In the yard, fell with , bullet In her brain, causing a wound rom which death ensued a few hours iter. Nance escaped and has been in tiding since the tragedy until he sun endered. lllllous Bill was getting bloated, knd his tongue was muchly coated, 'atcnt "tonics" wouldn't cure him, Jompanics would not Insure him. ill his friends were badly frighten. Jut their spirits soon were lightnedef tor Bill said?and they believed hlm| 1ARLY BIS KB pills relieved hlra, >r. B. Norton. Two Boya Drowned. Laverne McCrlllis, aged nineteen, f Trlonvllle, and Archie Clark, aged ineteen, of Centrevllle, students at he State Normal School, at Ed In boro, 'a., were drowned Wednesday in lonneaut Lake while out duck huntig in a row boat. The. boat drifted shore containing only the overcoati ! f the two young men, u?. f AAMIi MMi* a?M That is exactly what It is, aFi day at the otate B air showing its Ur Every Farmer, Oil Mill, Saw Ml property should havo theru. For sal colombia si Columbia, WCTheraa S The Guinard 2 COIvUMll X Manufacturers brick, Fire Proof X Flue linings and Drain Tile, Prt or millions. Whlske I Morphine I Clgaret Habit, I Habit | llabit ^Curod by lleeley 1 132y Lady St. (or P. O. Box 75) Oolu ae oitd. Mtrlotly Omtuine* Most of the patent medicine testimonials are probably genuine, The following notice recently appeared in the Atchison (Kan.) Globe: "Joe Tack, a well-known engineer, running on the Missouri PooltloDOtween Wichita and Kiowa, lately appeared in a big one, with a picture, and when lie was in his otllce to-day, we asked him about it. lie says he had territic pains in ids stomach, and thought he had cancer. IIis druggist recommended Kodol and lie says it cured Id n. lie recommended it. toothers, who were also cured." Kodol Dyspepsia ('lire digests what you eat and cures all stomach troubles. Sold by l>r- E. Norton. Accidentally Killed tllniHclt. Gus Wall ice, colored, accidentally shot and killed himself Sunday night, while returning home from a negro church, near Fair Forest, carrying a double barreled shot gun. At the time the gun was discharged be had alighted from the buggy and was quarreling with some negro on the roadside. As lis attempted to regain ids seat In the veiiicle the gun was discharged and the entire load of one barrel entered his left breast, penetrating to the heart. Hot Wofethnr k'lloH. Persons alllicted with Piles should 1ki careful at this reason of the year. Hot weat her and had drinking water contribute to the conditions which make Piles more painful and dangerous. 1 >r Witt's Witch lla/.cl Salve stons t he pain, draws out the soreness and cures. Get t he genuine bearing t lie name of 10. (J. Do Witt & Co. Dr. K. Norton. F*ccd Death SmillnglY. Groely Philips, a negro murderer, was hanged at Newman, Ga , Friday, and the execution was the tirst that has taken place in the county In 30 years. Greely smiled and said: ''Farewell, my good white frleuds." lie thanked .SherliT llrown and Jalhr Alsat rook for their kindness to him and shook hands with the preachers. jl wm hi i run uown irora nervous- I bees and overwork nnd had to resign I H my position and tako a rest. I found that I was not gaining my I strength and health as fast m I I ooulu wish, and as your Wine of B B Cardui was recommended as such a H I good medicino for the ills of our B sex, I bought a bottle and began B B using it. I was satisfied with the i I results from the uso of the first < I bottlo, and took three more and then 1 ! I found 1 was restored to good health I j and strength and able to tako up my work with renewed vigor. I B consider it a fine tonio and oxccljoot B I for worn-out, nervous condition, I and am pleased to endorse it. B AGNES WESTLEY, B Seo^r, KorUi Wisconsin HolUnd Society. B j Secure a $1.00 bottle of Wlno of I I Cardui and a 2$c. package of B B Thedford's Black-Draught today. B g WINE QF CARDUl | DeWITTS WITCH HAZEL SALVE THE OMOIIfAL. A Well Known Cure for POes. Cures obstinate tores, shipped hand*, oossma. skin diseases. M akes burns and aoalds Rainless. We oould not Improve the quality paid doubla the prlos. TheJ?est salve that axpsrlenoa ean prsduos er That ?sm; eaa buy. Cures Piles Permanently DeWltt'e Is ths original and only pure and genuine Witch Hotel Salve made. Look for the name DeWITT on avery box. All othen are oountarfalt. nmiiD ?v U. f. DeWITT A CO.# CHICAGO. Dr. X. Notion. Comj-Swrtore R R DAILY BOflBDUL*. Lt Mfftlft BfMfe 1 t.ft At Qonvty., 1:40.at Lt OoBWif I;40 A * At MtyvDt Boaob 4:44*. a Lt KyrtU fiMti 1:10 9 a At amwj., t:ii9. a Lt Oonvay 4:119. a At Vit% liMb t:tO 9. m LEARN TELEGRAPHY And R. R, AGBNCY?We?l(K> train yon for Tho U. fl. SK IN A I. CORPS. School natal, liahod 17 yearn. Cheao hoard, low tuition, and Our Plan INSURES pnaiUon. Cfttal"guu free. OA. TELEGRAPH COLLEGE. Senoia, Ga? , - ? --- ? ? i4 Aw... . ^-cnj re Killer. D 5 n msbration ovory e tighting qualities. Ill, Ginnery and any one owning le by JPPLY CO.chinery Supply house of the State ...s Brick Works, ? IA O. V, Terra C^otta Butiding Blocks, for 5 ; pa red to till orders for thousands ifllj^ . nLti t t8tomer8 ?*ory ft BR. MJococcccx^ % j^r A. Freornau, aehior. Ho lias bet of Men for I w | ' * ?. His Reputation -rtiiy Fstttl > 1 i A VALUABLE BOOK FREE. I)l{. IIATIIAWAY. % Whose Knowledge is Free to th Sick. Dr. J. Newton Hathaway, of Atlanta the groat specialist in tho treatment of diseases of men, wants to hoar from every man who roads this announcement, who is afllictod with any private disease, and lot him or plain to thoin his new system of curing this class of disease, whish euros in half the time ro<iuirod by tho old mothod. l)r. Hathaway has boon tenting diseases of men for more than a quarter century, and ho is continually originating and perfecting now mothodn by which ho can cure tho alllictod. Ho has cured patients scattered all ovor this country, whom lie has never soon, whoso disouHos ho was able to euro by a system which ho lias for ouring tho alllictod at a distance, and if yon are suffering from any disease peculiar to your box, or any other disease of a chronic or lingering nature, such as Stricture, Varicocele, Nervous Do' ility, I.ossor Manhood, lllood Poison (Syphilis), Kidney and Bladder Complaints, Khoumntisin, Diseases of the Heart, Stomach iuuI I.iver, etc., you should immediately write this great specialist, and let him explain to you just what is the nature of your trouble and just what to do for relief, lie will come j sol and advise you for nothing?advice that is ! based on 'J5 years of actual experience. A { great many men make the mistake of their j lives by placing their cases with their local ! physician, for tho average practitionor no | matter how competent ho may be, has not bad I the experience necessary to successfully treat such delicate diseases. What you noed. nnd wliat you will Is* compelled to resort to If you ever get cured, is skillful, scientific treatment, administered by an expert specialist whom you know is competent to treat you. I)r. Hathaway has been established in Atlanta*""1 or nearly IS years, and his reputation is known to all. lie has built up the largest practice in this country by dealing honestly with the people. Von take no risk whatever in dealing with nim - you can always feel assured of a "square (imii i " You cannot ex poet to go through 1 if? afflicted with n disoiuiG that you know will eventuallv lend you ton possible death, ho write Dr. Hathaway a letter right now, telling hiin just how you suffer, and he will immediately send you his opinion of your ease, accompanied by a valuable book on your diseaso, all of which is absolutely free. Have no hesitancy in writing him. The permanent addroHsis ** J- NEWTON HATHAWAY, M. I).. 88 Inman llldg., Atlanta, Oa, A Proposition of Interest To all readers of this paper, who call or write for treatment within the next 30 days I will cure them of the following diseases for ON PI-HALF my usual charge: LOST MANIIOOI), SYPHILIS (blood poison). GONORII10, G LEET. ST R1O V U R E, V A RI COCELE, RUPTURE, CATARRH and all CHRONIC DISEASES, of l>oth 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., THE SPECIALIST. Rooms 421 and 422 Leonard Building, Augusta, Ga. N. B. Catarrh of worst form cured quickly at home. r e^eee# I'ianos | t Organs | , ; | j, ? fe | You want the Best. We haye/S \\ i exactly what you want. Doi?w jX ! wait to feel exactly ready.' We I can make you able. Our prices X (> are LOW our terms are EASY. I < W rite us at once for catalogues, prices and terms. Address X < i ???mmmmmmmmmmmm a MALONE'S MUSIC hoiicd * . ? ? ~ - -w IIV/VOU) & I COLUMBIA, S. C. ? The Canning Business. Reduce your cotton acreage and Increase 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 Information. Hanky Cannkh Co., Chapel Hill, N. C. "Fs' f r* /v 7 VU |>f iv" \ I.