The Horry herald. (Conway, S.C.) 1886-1923, March 11, 1909, Image 5

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COOPER TRIAL Says a Prominent Witness Swore to a uo WHILE ON THE STAND . '> Giving His Testimony in Behalf of the / Coopers-?Counsel on Both Sides Hard at Work Preparing for Argument, Which Began Yester day and Will End on Thursday . Nashville, Tenn., March 7.?It Is not Improbable that jjeforo the arguments begin tomorrow in the Cooper-Sharp trial for the murder of Former Senator E. W. Carmack, another arrest for perjury will be made on the authority of Attorney General McCarn. This time the accused will be a man of prominence, whoso testimony was flatly contradicted by a half dozen people of unimpeachable character. The State's attorneys spent the entire day reading tile "jtrauscript of the testimony and preparing their notes for the arguments. They also divided the testimtfffy in three sections, so that there will be no 'time wasted by duplicating their arguments. The attorneys for the defense were equally busy, and it was late tonight when they left Judge Anderson's ofllce for a flnal consultation at the jail with the defendants. The two points in the case which will be tho subject of fiercest attack and defense will be t\ie question of who fired the first shot and the question of what the Coopers were doing on Seventh avenue, the street which Senator Carmack had to traverse, about the time he was wont to go to his apartments. " Mrs. Charles Eastman, who is the only witness to the shooting aside from the principals affected, and over whose shoulder practically the shots were fired, has sworn positively that Senator Carmack began to fall from the bullet wounds which killed him before he had his revolver fairly drawn. On the other hand, Col. Cooper "ud Robin swear that Carmack h. \ first and was preparing to fire again when Robin began to work the deadly automatic pistol. The defense built up a strong excuse for the presence of the Coopers on Seventh avenue on the afternoon of November 9. It proved by Judge J. C. Bradford, Adjt. Gen. Bully t Brown, Gov. Malcom R. Patterson ** the Coopers that as the Coopers left the Bradford oiflce a few minutes before the tragedy and after the memorable consultation, at ? .Kvt*AA/l f /\ WI11UU VjUI, V/V>U|K'I llgl ecu 1-1/ UIU)I the quarrel or leavp Its settlement to mutual friends, Gov. Patterson called Gen. Brown on the telephone. Brown says the governor asked him for Col. Cooper; that he went out and.called the colonel back from the street and that the colonel came back and talked to the governor over the telephone. The governor says he asked Col. Cooper to come to the mansion In 25 minutes. The defense says It was while the Coopers were going there that the meeting occurred. But Mrs. Blake, a stenographer, and Charles Hayden, a prominent business man, swear that when Col. Cooper left the office after the conference he was not called hack by any one. Both sat In the outside office, which was the only means of Ingress or egTess from or to the Bradford private office in which the conference was he#d. And further, Miss Daisy Lee, Judge Bradford's private secretary, ^wears that no1 only was the coloneFhot called hack to the telephone by Gen. Brown or any one else, but there was no incoming telephone call during that conference or after it until she heard Col. Cooper's voice say: "Is that you, Jim? Well, Robin has killed Carmack." It was her duty to answer the telephone and she swears no call could come in without her knowing it. She did, however, hear Col. Cooper at Judge Brawford's suggestion call up the governor, but did not hear what wjjp said. Under the laws of Tennessee a threat conveyed to a person Justifies the latter in killing the maker of the threat, provided only that the latter commits some overt act when the parties meet. In this connection it may be interesting to quote Judge n Hart's comment in ruling on the admisBability of testimony tending to show that Col. Cooper after the conference had agreed to let the quarrel rest settled by mutual friends. - * Th6 rna&trsira: "There is no denial that Col. Cooper made threats. There is no denial that these threats were communicated to Senator Carmack. There is no doubt that Col. Cooper committed an overt act when he turn4' SUBS / FUNDS FOR RELIEF OF ^EARTHQUAKE"" 8UFFKRKIIS TIED UP IX ROME. . In the Meantime the People for Whose Benefit It Was Contributed Are Starving. Rome, Maroh 6.?The utter Ineptitude and incompetency of the Italian authorities in administering relief to the earthquake sufferers is causing widespread comment. The whole world within a few flays after the disaster contributed an Immense sum for the immediate alleviation of the survivors. The bulk of these contributions were sent to the central fund in Rome and there it is staying in the hands of a special commission of prominent men appointed by the king to undertake the work of administration. It is now two months since the earthquake and thousands of sufferers are still unfed, unclothed and without shelter. The central commission has expended barely ten per cent of the fund at its disposal and this appalling situation is the result. It "should be explained that there is not the slightest suspicion of dishonesty In connection with their work; indeed, it is the absurd, almost Incredible red tape with which they have beeu striving to make dishonesty impossible that has completely crippled their whole under taking. They have appeared to regard themselves as possible objects of suspicion and have shown an excess of caution which would be ludicrous if it were not so tragic. Foreigners who administered their own relief have been tlie real saviors of the situation, for scores of thousands of large American and English funds have been used in this way and every dollar so expended has been worth a hundred in the custody of the central committee so far as actual relief goes. An American writes: "The situation of the villages in the earthquake zone of Sicily is very bad; in the village of Calabria it is appalling. Even now some places are receiving hardly any assistance and the condition of the inhabitants is terrible. What would have been the fate of the villages in Sicily without the aid being rendered by English and Americans it is hard to tell. "The Italian authorities are now assisting them and the district between Messina and Taormina, comprising 50 communes, has been divided into seven military zones. Even now, however, one is continually hearing of places which have been forgotten by the authorities. A village called Sciplio, near Roccaluniera, for instance, was neglected until ten days ago, while none of the Italian authorities had been near Camarla, 4 0 minutes walk from Messina. r "Hut if the conditions are hac0^ i Sicily, they are far worse in Calabria, where in many places the people are / still naked and starving, where women are sleeping with no covering i hut coats and children are dying for i want of nourishment. "If there is no ; dishonesty there is a dreadful amount of mismanagement." * , krh wingewofslesml cmfwy mfwyypj: LAWYER FINED BY JUDGE. Said lfe Was No More Fit to Trj Cases than a Pig. , "You are no more fit to try a case on that bench than a pig," was the ! remark made to Municipal Judg* . Blake of Chicago, 111., this week h> . Charles Stuart Beattie, an attorney . It caused a sensation in the crowded Harrison street court room. Mr Beattie was arrested before he could leave, and was fliu^d $200 and costs . He was unable to pay the fine and was taken down stairs and locked up. * \ Seven Days in Trance. Boston, March 5.?Clara Lamarche, 14 years old, daughter of Mrs. Onesime Lamarche, of Ware, Mass. has recovered consciousness I after bsing in a state of coma for seven days. During that time she , neither tasted food nor drink. ed around on seventh avenue and ' sought out the senator. Now had V /""I - l-m - > " . - i uciiaiui v/tii iiiuck. Kiuea uoi. uooper It would have been clearly and beyond doubt a case of justifiable hom| Iclde. But Carcack did not kill : Cooper. Instead he was killed. Hence It becomes proper to show that Col. Cooper had abandoned his threat to kill Carmack. Tf Cooper had been killed and Carmack were on trial it would not be proper to show this because Carmack had not known of the change of mind on the part of Col. Cooper." CRIBE Nt TIDE TURNS SOUTH SAYS A PROMINENT COLORADO FARMER. Who Suys the West Has Had Its Day, In a Letter to Commissioner Watson. Columbia, S. C., March 4.?"The tide has turned to the South, the West has had its day," is the text of a letter received by Commissioner Watson from a prominent farmer, near Deuver, Colo. After months of painstaking labor in advertising this State and section the returns are beginning to come in. The letter states that a party of Western farmers will visit South Carolina in Aprial and wish to look over some unimproved land with the idea of buying it and cultivating it with the Innirnvfwl Wnatorn mottimlu Commissioner Watson was particularly gratified with the letter. It Is one of a largo uiiinb.r he has received lately along the same lines which proves that the advertising of the State's resources in the West has brought results. m.8 stated in his last reports this work has now reached a stage when the immigration work will no longer be necessary and from indications many settlers from the West and Northwest will be secured within the next few months. As a result of the work of Prof. Ira B. Williams and Commissioner Watson in field work and demonstration farm methods last year, every county in the State Is taking an active interest in the plans. There are now in this State 2 6 field agents working under l'rof. Williams and since the first of the year arrangements have been made in the counties of York, Lancaster. Lee. Sumter, Darlington, Clarendon and later Florence, for the work, this in addition to the counties already operated. Hefore the end of the year Commissioner Watson hopes to have the work going ahead in every county in the State with the exception of about seven, that are not actively interested in agriculture. Efforts.will be made for a creditable exhibit from this State at the Corn and Cotton Exposition to be held in Chicago during the fall. Commissioner Watson lias received authority from the general assembly to use such parts of the celebrated South Carolina display as he may wish and he will take up with the manufacturers of South Carolina the need for a display of the products of corn and cotton with a view to securing sufheient contributions to take the exhibit to Chicago and maintain it there for a short time. The expense would be very light and it is believed that the exhibit would be a paying investment for the entire State. There are no funds in the hands of the commission or for the work and therefore he will ask the people most in. terested to contribute. * OETS A GOOD JOB. O. B. Martin Will Bo Associated With l>r. Knapp. Columbia. March 5.?The friends of Mr. O. B. Martin, former Statu superintendent of education, will be pleased to learn that he has been appointed supervisor of the boy's de partment of the farm demonstration - work for the South. He will be asJ sociated with Dr. Seaman A. Knapp, f the noted educator connected with the department of agriculture. He 1 will begin work in South Carolina, but will leave next week to spend a week each in a number of the Southern States. His work will con| sist In organizing agricultural work among the boys and corn and cotton clubs will be formed throughout the South to promote agriculture. Mr. Martin's well known ability along these lines will make him a particu larly valuable man in that work. i LITTLE GIRL BURNS TO I>EATH. Cornelia Stack Loses Hor Life While Mother is Out. Columbia, March 5.?Little threeyear-old Cornelia Stack was burned to death at the home of her parents, Mr. and Mrs. Stack, on Taylor street, last night in most distressing circumstances. While Mrs. Stack went out to hunt up Mr. Stack to inform him of the death of his brother, Newton Stack, the nurse left the child to get dome wood, find Its clothing caught fire from an open fireplace. She died In great agony at the Columbia hospital at an early hour * this morning. )W TO THE SENATE MET In Extra Session to Ratify Taft's Appointments and CONFIRMS CABINET There Was No Sixadal Opposition Made to the Confirmation of Any Member of the Cabinet Hut Senators Tillman and Hailey Kxpressed Opinions About Meyer and Hailey. Washington, March 5.?No special opposition was made to the confirmation of any member of tho cabinet when the president sent that body his list of nominations today. The nominations followed the formal noat at AI - micuiiou oi me president by a senate committee that tlio senate was organized. Although there was 110 specific opposition to the cabinet members, some rather sharp comments were I made by Mr. Tillman concerning the I nomination of Mr. Meyer to the secretary of tho navy and by Mr. Bailey concerning Mr. Nag 1 to bo secretary of commerce and labor. In his remarks Mr. Tillman called attention to the investigation of him by the postofflce department during Mr. Meyer's incumbency of the olllce of postmaster general. The South Carolina senator said that Mr. Meyer "accused me of being a liar when I was not," and "I accused Meyer of being a liar when he was." However, Mr. Tillman did not object to confirmation. The comments j by Mr. Bailey upon tho qualifications of Mr. Nagel had reference to the latter's service as counsel to the Waters-Pierce Oil Company. Mr. Ballov I said ho understood that Mr. Nagel had been an attorney for the Standard Oil Company. Mr. Borah replied that he had investigated this charge ; and found that its only basis was the fact that Mr. Nagel for the Waters-Pierce Oil Company had once . passed upon the validity of an opinion of a court. Upon receipt of the list of nominations the senate went into executive session. The following nominations were confirmed: Philander C. Knox of PennsylvaI nia, to be secretary of Stato. Franklin MacVeagh of Illinois, to be secretary of the treasury. Jacob M. Dickinson of Tennessee, to be secretary of war. Geo. W. Wickersham of New York, to be attorney general. Frank II. Hitchcock of Massachusetts, to be postmaster general. George V. D. Meyer of Massachusetts, to be secretary of the navy. Richard A. Ballinger of Washington, to be secretary of the interior. James Wilson of Iowa, to be secretary of agriculture. Charles Nagel of Missouri, to be I secretary of commerce and labor. Huntington Wilson of Illinois, to be assistant secretary tif State. Deekman Winthrop of New York, to be assistant secretary of the navy. Knox's Status. The senate was at once confronted by a question as to Mr. Knox's standing. Senator Penrose had stated at the earlier session that his colleague ' had sent his resignation as senator to the governor of Pennsylvania, but some senators had made a mental note of the fact that there was no other evidence that Mr. Knox was not still a member of the senate. I As soon as the doors were closed the president's nominations were I laid before the sonnt? and w Munatui Tillman called attention to the fact relating to Senator Knox. He stated, however, that he had no objection to Mr. Knox's confirmation and as no opposition was voiced from any other direction, he was immediately confirmed. The senate then took recess of 15 minutes to permit the various committees to which the other cabinet nominations were referred to consider and report upon them. The exception was made in Senator Knox's case out of courtesy j to him as a member of the body. TAKES HIS FIFTH WIFE. Father of Thirty-three Children and Is Four Score. Plnefleld, Pa., March 6.?Peter Burkett, the grand old man of Penfield, Pa., 81 years of age and the father of 33 children, was married thlQ n/OCll. fA Tnn? ^ 1 * ?...w f? vwn, w a auc VvUCII I clII? HRPQ t) ( , of Sandy, Pa. Father Burkett Is a Civil war veteran, and the father of 33 children, 22 of whom are alive and well. His health is excellent for a man of his years, and he has from appearance a fair chance to become a centenarian. * THE H( MURDER MYSTERY FINDING OF A WKLL DREHSKI) MAN'S IIODY Near Alexandria, Ya., Which Is Near WaMhington, Baffles tlie Po? lice of Both Places. Washington, March 7.?Tho body of a well dressed man, partially covered with snow and with a ragged wound in tho nock was today found near Alexandria, Va., a short distance from Washington. In tho pockets of the clothing were a traveler's check for ?'<nn iuu" ? ioouou mo weus-cargo Express Company at Los Angeles, Cal., payable to Walter P. Schultz, a card bearing the samo name, but with an address of 13*14 Douglas street, Sioux City, la., and another card which bears the name of Mrs. Alma Hume Gillette. The police regard the case as one of cold-blood murder and as one of the most mystifying crimes ever committed in this section. A motive for the murder is lacking and the identity of the man supposed to be Schults is by no means complete. Cards and other papers found in the victim's clothing are believed to have been placed there by his slayer. The theory that it was a suicide is not credited, because of the peculiar character of the wound and the fact that no weapon was found near bis body. The ix>1 ice do not think robbery was the motive, as $28 in cash and a gold watch were found in the victim's pockets. One theory is that the murdered man was an Inauguration visitor, who was lured away from the city, murdered and bis linrlv Hi"""" - ? J 1.11 i u n ii 1111.1.1 U field, where It was found, about *100 yards from the Alexandria railroad station. The authorities believe they will establish the identity of ther victim from a letter, without envelope, evidently belonging to the dead man, dated "Sioux City, la., December 30," and signed "Your sister, Ellen Dorot by." The dead man was apparently 3 5 years old and his appearance was that of a prosperous business man. * KILLED 11V THE OUllllENT. Young Man Took Hold of Wire and | and Was Electrocuted. Marlon March G.?A fatal aocident occurred last night at the power house of the light and water company, when Cady Young, a young white fireman, was electrocuted and instantly killed. Mr. Young was the day fireman at the plant and was preparing to leave the plant when he passed by the switchboard and placed both hands on one of the wires. Instantly 2,300 volts of electricity passed through his body. So strong was the current that it held him standing at the switchboard after lie was dead, and the first person to get to liim was severely shocked in trying to pull him loose from the wires. Every means was exhausted to try to revive him, but he was undoubtedly killed almost instantaneously. Mr. Young's duties did not carry him about this part of the plant and he was not familiar with the mechanism of the switchboard, and it was probably through Ignorance of the danger that he caught hold of th" wire. Mr. Yoiincr uroa - t>i ito ?|nii.<- a young man, and only came to tMarion last September. Ills former home was In Avoca, Iowa. Since coming to Marlon Mr. Young has been a good citizen and was very highly thought of by his employers and associates Only three months ago he married a miss Cook.?The State. * WHAT IT I>II> COST. Fairbanks Paid For and Took That Ink Stand. Washington, March 6.?When he leaves office today, Vice President Fairbanks will take with him the beautiful Inkstand, which has ornamented his desk for the past four years. This Inkstand has been the r. 9 ' 1 ut bunaiuoittiMu interest 1)6* cause of the published stories that it had cost $500. According to custom the presiding officer of the senate is privileged to design and have manufactured such ornamental ink receptacle as he fancies and the one procured by Mr. Fairbanks was made by a manufacturing jeweler of New York. The criticism of the roputed cost of this stand has rankled in Mr. Fairbanks' heart for four years, and today he sent to Secretary Rennett a check for $200, which was the actual cost of the ornament, and announced that ho would take it with IRRY HE! MAN IS SHOT On His Own Porch by a Negro on Sunday WOUND IS SERIOUS llut There Is a ( banco for Recovery. The Assailant Now In Jail?'The Quarrel Is Said to Have I teen Caused About Knocking IH>wn of a Ciirl. Columbia, March 8.?The State says William A. Campbell, a white man, a teamster living on tho Camden road, was shot and dangerously wounded at his home al>out 7:110 o'clock last night by Henry Jones, a negro empoiyed as a cook at Benedict college, who lives in Mobley's alley just In tho rear of Campbell's house. The shotlng Is the result of a difficulty between Campbell and a child of Jones, in which Campbell is alleged to have knocked tho girl down with a light wood knot. She is 12 years old. Campbell was shot through tho right lung and is in a dangerous condition. the ball penetrating thelung and passing almost through the body. Two shots were fired from a revolver, only one, however, taking what may prove fatal efTfct. J on os cairn* up to Campbell's house shortly after the difficulty between Campbell and the negro girl and fired on Campbell, who was standing on the front porch. Sheriff W. H. Coleman found Jones at his house shortly after the shooting occurred and placed him under arrest. The negro Is now at the county jail awaiting the result of Ills Injury to Campbell. When seen at the jail last night the prisoner stated to a reporter of The State that he sosurod his revolver from his house as soon as he heard of the difficulty between Campbell and his daughter and wont to see Campbell aluiut It. That he found Campbell standing on his front porch with the same light wood knot In his hand with which he had struck 4he girl. That he then fired. lie stated further that a son of Campbell and his daughter had engaged In a quarrel last summer. Jones was not able to state what caused the difficulty between Campbell and his daughter yesterday as she had been taken to a physician and ho had not since seen her. j The girl was taken to Taylor?Lane hospital but her condition could not j be learned by inquiry there as she had been taken away before an examination could be made. Jones went on to say last night that he has never before been in any serious trouble before and that the extent of his "meanness" has been fighting other negroes. Campbell's chances for recovery are very good, although tlio wound is a dangerous one. His statement is that he was not expecting any attack. WILL HAVE TO IJOHKOW. Comptroller General Shows Need for Tax Law Reforms. Columbia, March 6.?The Record says because of additional appropriations after the ways and means committee had reported the bill to the general assembly, there will bo a dei ficit of about $15,000 over and above the estimated revenue. This is the estimate by Comptroller General Jones after an examination of the appropriation bill. The revenue of 1909 based on a levy of 5 1-4 mills will be $ 1,424,082 and to this are added the fol lowing incomes: Insurance departments, $58,000; secretary of State, $15,000; license fees from comptroller general, $88,000; Income tax, $7,500; board of fisheries, $7,500; railroads, telegraphs and telephone companies for the support of the railroad commission, $11,700, making a total of $1,613,252. The amount of appropriations for 1909 was $1,627,339, leaving a deficit of $14,127. The State of South Carolina must borrow the constitutional limit of $500,000 this year until the taxes for 1909 are available. In the opinion of the comptroller general this borrowing will continue until the legislature puts a sufficient nenaltv nn the non-payment of taxes to force every property owner to payments promptly. The semi-annual Interest of the public debt is due on December 31 and at that time there will not be enough money in the treasury to meet the payments so that a loan Iis absolutely necessary. This loan con not be returned until some time in February or March when the rest of the 1909 taxes are sent in. RAID