The Horry herald. (Conway, S.C.) 1886-1923, June 11, 1908, Image 5
I
I
DUNCAN RULED
? *
By the Sta^p Supreme Court on a
Serious Charge.
AFTER HE HAD FILED
I.
Sensational Charges, la Which He 1
Claimed That There Was a Conspiracy
in Columbia to Injury Him
rrot'esskmul^, and That Certain
Records Have Disappeared.
Affidavits containing sensational
statements and charges were nresenf
ed to the Supreme Court Tuesday in
the argument of the case of Jesse
Hunter, a negro, represented by Mr.
John T. Duncan, of Columbia. After
hearing the case the Court dismissed ,
the motion for a new trial on after
discovered evidence.
Mr. Duncan, who has put up a
hard tight for his clients, Jesse Hunter
and his .wife,' Frances Hunter,
convicted of assault and battery, presented
a lengthy nllldavit from himself
in which lie sot forth the progress
of the case and charged that certain
attorneys of Columbia and others
are in conspiracy to injure him professionally,
and that certain records
in this and other cases in
which ho was atorney have been
lost or stolen from the office of th$
clerk of the Circuit Court and the
clerk of t?v? Supreme Court.
One of the principal affidavits in
the case was that of a negro, Jeff
Taylor, who stated that it was himself
and not Jesse Hunter who did
the shooting for which Hunter was
convicted, and that lie had feared to
testify to the truth of this matter on
the trial by reason of intimidation.
This affidavit was probated by Mr.
Washington Clark, an attorney of
Columbia.
Solicitor Benet presented an affidavit
from M. Clark, stating that he |
bad, oue day been called into the office
of Mr. Duncan and asked to probate
a paper signed by a negro, and
that the negro who afterwards owned
to the name of Jeff Taylor was not
the negro he saw in the office of Duneon,
but was of entirely different appearance.
Solicitor Timmerman also denied
that he had received the papers said
to have been served on him by Mr.
i g Duncan, but on the other hand Mr.
V Duncan presented affidavits to show
Hint ho hnrl 1?nr?ti !it < ho Tlrnfta
Hotel, in Lexington, ;uid seen Mr.
Tim merman on a certain date. In
his own affidavit Mr. Duncan denounces
Mr. Timmerman as a coward as
well as a liar, and filed with the
Court a note addressed to Mr. Timmerman
containing these epithets.
Mr. Duncan also charges the new
solicitor, Mr. Christie lionet, with
being in the conspiracy against him
and denounces him. He names Mr.
T). W. Robinson, an attorney of this
Bar, and Mr. Robertson's father-in
law. Mr. W. G. Chllds, president of
the Bank of Columbia, as among the
chief conspirators, and declares he
might name many others to the court.
Mr. Duncan made the race for the
United States Senate in 1896, and on
the stump made grave charges against
then Governor Gary Evans, and in
his lengthy affidavit he refers to this
fact and to Governor Evans.
He presents tin affidavit from his
former stenographer, now married,
which contradicts that of Mr. Clark
in regard to the description of the
negro who gave the affidavit signed
by Jeff TaylML
The twj^Begroes whose escapades
brought ^P?out this sensational
state of affairs, Jesse and Frances
Hunter, were convicted of assault
and battery with intent to kill in
June, 1908, and Jesse was given five
years and Frances was given 12
month. The shooting for which they
were tried occurred in January, 1906.
They lived in lower portion of Richland
County and it was asserted that
Jesse Hunter had put his aged moth
t K ~ Ln/1
or out of the house wnere ?uw ???
lived for years, and which was said
to be her own property.
Her other children remonstrated
and the officers of the law were called
in. Magistrate Dykes, with a
posse, went to the house and they
were fired on by some one. Jesse
Hunter and his wife were arrested,
indicted, tried and convicted for
shooting the officers, and at the trial
Jeff Taylor was a witness for the
prosecution, but since that time it
has been stated that Taylor was the
man who fired the shots and it was
on this after-discovered evidence
that Mr. Duncan asked for n new
trial for his clients, which motion was
refused.
The Supreme Court Tuesday afternoon
of its own accord, issued a^C
order requiring Mr. John T. Duncj,v<,
an attorney of the Columbi.n Bar, to
6how cause before the Court on Mon"k
day, June 8, why he should not be
lie attache^ for contempt of Court or
Jf disbaffed 'as An attorney for submitting
what arri declared an oath
'" ' SUBSC!
" " J ...
HELPED MRS GUNNESS
AT LKAST THIS W AS THK CONFKSSlOX
OF TUX AS JAIL BIRD.
But Who* Sheriff Smut/.or Was
Ready to Curry lliiu to Indiana,
lie Changed Statement.
After signing and swearing r?> a
confession that, if true, would solve
many of the mysteries of the Gunuestt
murder farm at La Porte, Ind.,
and would hang both himself and
Ray Lamphere, the suspect now under
indictment, Julius G. Truelson,
Jr., or Now York city, broke down as
Sheriff Smutzer was about to take
hie. fioin Vernon, Texas., where ho
i.- confined in jail, to Indiana and
has retructod all he said. Truelson
is ir? prison in Texas on a charge of
swindling and forgery, having
presented himself as Jonathan G.
Tlirw, of Pittsburg, a cousin of Harry
K. Thaw, and passing forged checks
and drafts amounting to thousands
of dollars under this name.
Truelson. who says he is Hut 2 2
ve?i*>? <u' ?<" ?i... ? "
. v. , UMU!< < z I?" lllitl KK OI
long dissipation, and ho admits that
drugs have placed him in his position
Aocordng lo his confession ho has
two wives, and this was later corroborated.
Ho told the prison authorities
in Vernon that his 11 rut. wife,
whom ho married in Saratoga
Springs, X. Y., in 1!?04, was put out
of the way at the Gunness farm, and
as the woman has been missing for
some time, it lent color to his story.
His second wife, with whom lit; eloped
from New York city in March, of
this year, he also intended doing
away with at the Gunness murder
patch, according to his statement,
but was prevented by Mrs. Gunness
writing him that the authorities were
getting too warm on her trail.
Truelson's confession, complete in
everything, and filled with details a
great many of which had never made
their appearance* in the newspaper
accounts, was forwarded to Sheriff
Smutzer at Ha Porte, and that official
went to Texas to have a conference
with the prisoner. When he
arrived there he found Truelson in
prison, and as ho did not have access
to newspapers, how he possessed
himself of all the details, unless he
was an actual conspirator, was a
mystery. The Indiana sheriff finally
decided that the forger's story was
true and prepared to return with hint
to Indiana, but when the time for
leaving canto, Truelson broke down
and declared that the whole was si
fabrication.
Sheriff Smutzer immediately began
another investigation, that of
looking into the alibi Truelson presented,
and after a few days he became
convinced thstt the prisoner's
confession was the mere work of his
brain, and left for home without him
In his written confession Truelson
stated that he first ran across
Mrs. (iunness through her matrimonial
advertisement. He paid the
widow a visit, but was too tough a
customer for her to do away with,
and when she asked him to join her,
he consented. Together with Lamphere,
Truelson declared that they
had not only gotten victims for the
marrying widow, but had buried
them after she nut ihetn out of
the way, and in some instances helped
her in her bloody work of* death.
Truelson further declared that he
and Laniphere, convinced that Mrs.
Gunness was plotting to do away with
them, tossed a coin to see which
should murder the widow's entire
family and set fire to the house, and
that the lot fell to Lamphcre.
FELL TO HER DEATH.
From the Hoof of a Burning New
York Tenement.
One woman was killed and six
others wore terribly burned Tuesday
in a fire in the furnished room bouse,
No. 313 West Thirty-eight street,
which threatened the lievs of a score
of persons. The woman leaped from
the roof to death on the pavement
below. Lieutenant Mandray, of Engine
company No. I, with four liremen,
went down in the collapse of a
burning stairway, but all escaped with
slight burn and bruises. Mrs. Belltraine
leaped from the rear of the
house. An unlaced shoe caught in
the supporters as she passed the
floor and this turned her so that she
struck head foremost on the cement
paving.
$5,000,000 Worth of Coal for Fleet.
The estimated cost of the coal consumed
by the Atlantic fleet when it
shall have finished its cruise around
* * - " * * - -* ? -A- A.*" AAA AAA
tne worm ih piacea ai. $o,uuu,uuu
'The cost from San Francisco through
the Suez canal is estimated at $2,029,000.
Only American coal is being
used.
to be "false and fictions" alfldavitt
in the case of Jesse and Francej
Hunter, argued before the Court lasl
Tuesday.
RIBE NO
\
*
FATAL DUEL.
ONE MAX KILLED AXOTIIKIl IXjuriMl.
In u Running Fight in Autos A.t
Abductor is Killed by His liroiheriu-Lnw.
Iu a muiiing fight between tho occupants
of two automobiles, iu which
two revolvers were emptied. William
Patterson was shot and killed Friday
afternoon by his brother-in-law near
Millersbiirg, Ind., and Ernest Franks,
tho brother-in-law, was dangerously
wounded by Patterson in the thigh.
Patterson had as a prisoner in his
motor car Mrs. A. Sargent, a young
woman, whom, it is alleged, he had
abducted in an excitive and daring
manuer under the supposition that
she was a counterfeiter and was fleeing
from Franks. Mrs. Patterson
lately had seperated from her husband.
it is said, on account of his
rough treatment. He blamed Mrs.
Sargent for much of his domestic
troubles and it is supposed that he
had borne a grudge against her.
Several weeks ago, Tearing for her
life, Mrs. 1'aUerson left her home and
took refuge with her father, Mr.
Franks. Mr. Sargent, at his wife's'
request, accompanied Iter to Lignorier
and was her guest for some days,
but had intended returning to her
home at Wawasse.
Patterson, tilled with liquor and
in an ugly humor, arrived at Ligouier
Friday afternoon a little before
Mrs. Sargent started to the depot
with Mrs. Patterson's father.
"I want that woman to get out of
that buggy!" shouted Patterson.
He pointed a revolver at the doctor
and at the same time dragged
the woman from the buggy. Mrs.
Sargent cried loudly for help, but
was dragged into the automobile
fainting, and placed in her seat. News
of the abduction spread throughout
Ligonier like lightning. Ernest
Franks, brother of Mrs. Patterson,
organized a posse of armed farmers
and started in pursuit, taking the
lead in a big touring car. The fugitives
were overtaken just oast of Millorsburg,
near the Wabash depot.
"Halt, or I'll shoot!" shouted
Franks, standing up in his motor
car.
Patterson replied 'with a string of
pnrs;i?? and immediately onened tiro
with his revolvor, shooting his brother-in-law
in tlie thigh. Though dangerously
wounded, Franks returned
the lire with such unerring aim that
Patterson was instantly killed. *
YOUNG BANDITS.
Four I.ads Hold Up and Rob a Railway
Train.
Four hoy bandits in knee trousers,
the leader only 15 years old. held up
and robbed the North-bound passenger
train on the Great Northern, a
mile and a half fro.n Great Falls,
Mont., Saturday night. One roan was
shot. The boys were captured aid
gave their names as follows:
Albert Hatch, 15, who is said to
have planned the hold-up.
William Randall, IT.
George Croswell, 16.
Harry Rheaines, 15.
Croswell claims lie took no part In
executing the robbery. Creswell,
Rheames and Randall, say that Match
turned the switch, ordered the en
gineer to back up tho train and went
through tho coaches with Conductor
Jack Hayes, forcing the latter, at the
point of a revolver, to rob tho passengers
for hiin.
They also allege Hatch shot Williuin
Dempsey, who resisted him,
and shot through Conductor Hayes'
coatsleeve, after which the boy
bandits escaped. Then Hatch drew
liis gun on Rheams because the latter
refused to join him in a hold up
of another train. Hatch persuaded
him not. to attempt another robbery
while being pursued.
I'ltKACIIKIl PIJIADS fiUILTV.
I'lifrocked .Minister |Tse<l the I'nitcl
States Mails to Defraud.
In the United States Court at Richmond,
Va., James T. Hargraves, an
1 "unfrocked" clergyman of the Episcopal
church, residing in Hanover
c.mnty, pleaded guilty to the charge
! ..J : ~ ITnU^.I a?..?nr. m.iila 11\
ri ll >1 lift tut; uiuicu oiatco man? tw
- defraud, and was sentenced to eight
months in jail. Bishop Brewster, of
Connecticut, was among the witness
ok against Margraves. *
Tried to Sell Military Lands.
' An alleged plot to sell lan I in the
' military reservation at Fort Niobrara,
1 Neb., by false deeds, was revealed
by the arrest at Indianapolis of fout
real estate men.
? Relatives who are remembered ir
i the will wear mourning, dud those
t who are not do a little mourning
on tlie'.r own account
i : i
W TO
i
FATAL TORNADO
Sweeps Through Nebraska and
Kansas Friday Evening
OOING GREAT DAMAGE
*
Twouty?On? I'oople Killed ami n
Great Ileal of IVoperty is destroyed.
It Whs the Worst That Visited
That Sectiou la Many Tears.
A tornado which passed over southern
Nebraska and portions of northern
Kansas Friday evening was the
most destructive and covered the
most territory of any similar storm
which has visited that region in many
years. At least U 1 persona were killed.
live were fatally injured and a
score el others hurt. In addition,
reports received say that several persons
were killed at Myron, Neb., and
IMiillipshurg and Courlland, Kan.,
whieli town have been eut off I'roin
communication. Known casualties:
Dead Lulu Smith, near lleneva.
Neb., Irene Shively. aged i. near
Geneva; Mrs. Maud Carter. Trenton;
Ruby Carter; two children <>!' .Mr.
Small, near Guide Rock; Henry Madison.
near Franklin, Neb.; Mrs. August
Fentcll, near Shiekley, Neb.;
Elijah Artenbricht, near Shiekley;
Hay Fleming, drowned near Fairfield,
NOb.; Mrs. Clifton Simple,
Rryon, Neb.
Fatally injured John Shively,
Geneva; Ross Shively. (ioneva; John
Merrimau. Shiekley; Preston Kailey,
Carlton; Mr. August Fentell. near
Shiekley.
Seriously injured -Mrs. John
Shively, (ieneva; Edward Russell,
Cieneva; A. K. McRaymond, Fairfield;
Miss Young, near (iuide Rock; Mr.
and Mrs. Cray, near Riverton; Mrs.
Rennet!, near Geneva; Lester and
Carter and second child. Carlton.
The storm was general throughout
Filmore, Webster, Franklin and
Thayer counties, Nebraska, and reached
into Kansas, from where reports
are coming of groat destruction. The
town of Carlton, Fairfield. Despler,
Shiekley. Geneva. Franklin. Ong and
Itlverton, Nebraska, are among those
visited by the storm und in no one
of them did the elements spare life
or property. At Carlton five residences
and two churches were destroyed,
while it new sc hoi hui'ding and
30 houses were partially wrecked.
The hotne of Lester Carter was demolished
stud his wife and baby were
kint (i, wiiiic* warier nimseii anil another
child suffered severe injuries.
At. Cieneva the storm wrought great
destruction and in the adjacent, country
claimed several victims, dead or
injured.
At Fairfield 4 0 houses were partly
wrecked or demolished. The loss
there will exceed $100,00 0. Van go
reports from other points can not be
confirmed because of broken wires.
Trains in all directions are abandoned
because of washouts and destroyed
roadbeds.
The storm covered such a wide
area and was so destructive where*over
it touched the earth that it has
almost caused a panic among the rural
inhabitants. Hundreds of farmers
drove into the towns, seeking shelter,
many of them being homeless.
SRKIOI'S ACCIDENT.
Lost an Rye by the Bursting of PepsiCola
Bottle.
A Mr. Pope, who keeps a restaurant
at Statesville, N. C., was tho
victim of a painful and serious accident.
on Monday. He was in the
act. of transferring a pepsi-cola hot
tie from a crate to an ice liox when
the bottle hurst with such force that
pieces of the glass literally split open
the ball of his left eye. Mr. Pope applied
simple remedies to the eye and
then hoarded a train and wont to
Salisbury, where lie had the injury
dressed by Dr. Brawley. He returned
to Statesville on the next train
and went to Char-Jot to that night to
have the eye treated by Dr. Wakefield.
The physicians have advised
hi in that the sight, of the eye is lost
for good and that it might have to
be taken out at once to save the uninjured
eye. An overcharge of gas
1 caused the bottle to burst.
FOUIl MASK 101) MUX.
Robbed the Itank at Cuba, Kansas,
on Tuesday.
1 Four men robbed the state bank
, of Cuba, Kansas on Tuesday and es'
caped with between $0,000 and $$.000
after a fight with citizens. No
, one was shot. After the vault had
been ransacked the robbers went to
' the Rock Island depot, hoarded a
? handcar and disappeared in the direc:
tinn of Belleville. The robbers all
kworo masks. Posses are in pursuit.
t
THE HOI
THIEVES FOILED
PKKVKXTKI> NEW YORK ItOllHKllS
FROM STEALING *1:1,000.
In a Ihuingly Conceived Hold-lp
Tluoe Men U ere Kept From (irt<
ting Rank's fash.
Fearlessly thrusting herself in
among vigorously wielded blackjacks,
Mrs. Evu. Javornicka prevented
a daring attempt upon the part of]
three highwaymen to steal $13,00$
front the messengers who were
carrying it in a thickly populated
New York street to a bank. When
the robbers made their attack, the
woman, a witness, ran from a restaurant
and put herself between the
messengers and their assailants,
screaming loudly for the police. By
clinging lo the robbers, she not only
hampered them In their attempt to
beat dov 11 thedeft nself themorseng r
but soon attraeted a large crowd of
persons who wont to the rescue.
Frighten* *1 rt 1 no luibbub being nils
ed. the robbers ceased their attack
11ml fled In different directions. Latjer
a man accusc-d of having been
(one of them was captured and eviIdeuce
enough was soon found to hold
| hnn
Daringly Planned Oi'liur.
The police department of the metropolis
declare the robbery,wuh the
nerviest on record, it. being evident
th:it the robbers trusted to their
quickness to beat the messengers into
submission and get away with
their booty before their capture could
he effected.
The attack was made in a thickly
populated tenement district, and
many saw the faces but, tlinking it
to he one of the numerous drunken
brawls, common in that district, paid
no attention to it. But Mrs. Javornicku,
seeing the flash of steel,
thought different and threw herself
into the fray. The struggle while it
lasted was vicious. Blinded by pepper
thrown in their eyes, clubbed
over the heads with blackjacks, and
their wrists and arms slashed by
knives, the messengers hung on to
their precious burden like grim
death, the woman meanwhile bothering
the robbers so much that one
attempted to stab he:.
When help arrived, two of the
messengers sank to the ground, overcome
bv the struggle, and were later
taken to a hospital. Meanwhile one
of the robbers, his hand covered by!
blood from his victim's wounds, was
pursued through several streets by
a crowd of small boys. He was in
a fair way of making his escape when
he humped into an officer, and his
explanations were so unsatisfactory
he was locked up. Later Mrs. .lavornicka
positively Identified him jfjs
one of the three thugs. *
LOCK LI) UP IX VAULT.
And Hud to ll<- Dug Out l>y Follow
Workmen.
To be burled alive in the reserve
vault in Ihe Trenton, N. J.. postolllce
and to be dug; out by fellow workmen
because no one could be found
who had the combination is tho experience
of Conovdr Thompson, a
steam filler.
Thompson was sent to the reserve
vault to make some connections with
(he new building now being erected,
lie bored a small hole in the wall
and was so intent on forcing through
a pipe that he did not hear tho vault
door close. He felt suffocated, called
through the pipe and was heard by
fellow workmen.
The door had been closed by Postmaster
Alexander (5. Yard, who had
been called out of town. Thompson
worked from the inside and fellow
workmen from tho outside until
the bole was large enough for
the steam fitter to crawl to freedom.*
IMIOWN I IK ATS SMITH.
(icorgia Changed Her (jovcruor
on l.nst Thursday.
An Atlanta Dispatch says official
returns from I LM? counties and olfiial
counts from the remaining twenty
of the votes cast In Friday's Demo
cratic primary, gave Jos. M. Drown,
for Governor, a majority of 12,00 )
over Hoke Smith Of the 11(1 counties
in the State Hrown carried 00.
I'or railroad commissioner, Judge
George Hillyer and F. C. Callway
were the successful candidates. The
race for prison commissioner is still
in don lit. All of the present Congressmen
ware returned with the
exception ot' TO. It. Lewis, in the 3d
d'stiict, who was defeated by Dudley
M. Hughes.
Death Sentence for II llandits.
Woven men and three girls have
been sentenced to death by court
martial at Warsaw, Ilussia, for attacking
?'i post car at Sokolow. A
bomb thrown at the car killed twc
soldiers and wounded ten. Following
the wreck the train was looted.4
RRY HER
/
EIGHT DEAD
As a Result of a Collision on
Trolley Line
ANO MANY ARE HURT.
The lloiror Occurred oh tiin Washington,
lluttimorc and Annapolis
R lee trie Itailwny uud Was (Unused
by Confusion of Orders.
At Annapolis, .Md., in a bead on
eoliiKon betweeu two special cars
of th?? Washington. Baltimore and
Alinapolis Klectrtc Kuilway company,
shortly before X o'elock Friday night,
eight persons were killed outrlghtand
a score of others we re seriously injured.
some of them perhaps fatally.
The collision was duo to a confusion
of orders, as I he lino has been
running several extra cars each way
in connection with the commencement
festivities at the Naval Academy.
Tile dead are:
Kichard Norton, 25 years old.
Baltimore; Police Patrolman Schriher,
do years old, employed by tho
railway company at Academy Junelinn
' ""
....... win iiiiuu'iiiiueu whito woman,
apparently about 25 years old, said
to be from Baltimore, and dressed in
ball costume; Zoch O'Neal, 2.") years
old. New York, motorman of one of
the wrecked cars; Ituth Slaughter,
six years old, daughter of General
Traflic Manager William N. Slaughter
of the road; J. W. MeDaniel,
Baltimore; George White, Baltimore.
I,AD HltKAKS HIS NKCK.
Illy Falling From Stair llailiug While
Sliding Down.
While slidiug down a stairway
railing in the cotton mill at Titcapu,
in Spartanburg County, Friday.
Clarylce Prince, aged H years, fell to
the lloor and broke his nock. He
died instantly. The accident happened
shortly after 12, as t\ie boy was
returning home alter huvingg carried
dinno" to his failier. He straddle 1
the railing at the stairway and started
to slide down when he lost his
balance and fell. The coroner was
notified, an inquest was held and a
verdict of death by accident was returned.
HOUSE SHOT .\XI> KILLED
Under Ucveime Officers by .Moonshiners
in Oroiirc.
Rovcmio Collector It. I*. Merrick
wag fired on by moonshiners in Oconee
county Friday and though his
horse was killed under him, ho escaped
uninjured. Merrick and novel
al officers were returning from a
raid on illicit stills in that county,
and had in custody one prisoner.
The lull I fired at Merrick from the
a*;lie passed his body and struck his
horse in the top of the head killing
I. i 111 instantly. *
FOUIt MEN KILLED.
A Hoiler Tube Explodes oil the Cruiser
Tennessee.
A report from San Pedro says an
explosion occurred on the United
States Cruiser Tennessee. A boiler
tube blew up, killing four and injuring
many others. The cruiser has
not entered San Pedro harbor and
the details are not yet available. The
Tennessee sailed from San Francisco
on May 17, and since then has been
cruising in southernCaliforna waters,
touehng Santa Uarbaru, San Pedro
, and San Diego.
HANDITIS.M NEAK PITTSIU'IUJ
Mounted Masked Men Itob Store and
Shoot I p Town.
As dispatch from Pittsburg, Pa.,
says following the holding up and
robbing of a. Pennsylvania railroad
ox press train and a street ea.1 tlio
vicinity was treated to a third wild
Western affair Thursday when two
masked men, heavily armed and
riding horseback, smashed the window
of the Monogahela Consolidated
Coal and Coke Company's general
store at Eastman, appropriated
valuable articles and galloped away
firing revolvers.
lllow From Hat Fatal.
At La Fayette, Ga., Willie Wat!
son, aged 10, was instantly killed In
a k:iii Kill"' r riuuy. w niie engaged
in a game with a number of hi?*
friends a hat slipped from the hands
) of a boy who was attempting to hit
'the ball and struck him 6vor >tho
j heart, causing instant death.
ald!
I