Historical Newspapers of South Carolina

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TRIAL OF BLACK Sdbtaily Ended by Judge Merominger CrJtring a Mistrial my READ A NEWSPAYER A T>>Iiy of The State Found Its Way Into the Hotel Kooui Oo(ii|iicd by dtiryrs, and One Member Talked 1hr(tu(;h a Window to One of Ills fwmployes. Tfie Stale of Saturday morning ftavA the following Htory of the trial ofj5o)m Hlaek, which was brought unexpected and sensational 'terfnluation Friday: Judge Mernluiuger directed "mistrial" to he wOtlon on the record on account, of jiii'o/H having a newspaper containi ag,l matter relating to tho case, 't n*' whole matter is without paralld in lb.* history of the courts of this hi ale ^ Ore' of the jprors, J. 1>. Ferry, li.nl had verbal communication with (he. elerli in his meat market., J\l. tiofrt, and the latter had been ?iricdU'd and put in fhe county jail. Whgji evurt. assembled Friday hum mfng^tfujgrt IMeniminger nmdo an official Inquiry into the matter. 11" Itad questioned Perry and Sessions, ttiWrihec juror, and was making inof the foreman, ). David, xvlpoi H.jyas brought out in the most ?iMtnn(di()nal way that a copy of The Blpt<\ had been read by the juror:; In ike rooms in whieii they were looked ^Wednesday night to lieep them IMj^n Jveadiag new. papers and otherwise 'vcceivjyjg information from the outside world. % lodge Mennninger was dumbfounded^ iJe had asked the question in an HUgiarenlly perl'nneto?y manner, an.I I h^'.VopJy was entirely unexpected. Wr' David was unable to toll n^uch Hbo\<t the newspaper matter ami .lud^o Momminger bad every juror Brought into the court room sopouAffUy and put through a searchin.; Txnniinat ion. It was learned .that. The Slate of.iiuit morning contained extracts front other papers making caustic inference to the jury whieii liheratod J 8 Furiium, and there were also '!? wiled comments in the editorial C'<4tof?nH of The State. The head hity* ovei' the articles detailing the ' trial of John Black were also refer I'l'l lo. *' Jjidgo Menitiiinger ordered the i'tfv discharged without pay and he hold in custody ,1. 1). Perry and 0. Id Ikvrti until it could be doterinin e<1 wfmt to do with them. Daler they were, discharged fron\ custody, tuit at} fir/i ririlmnol 1 / ? mil U{?? .*-..,.11 * c < i TT? V ? V> U\ l V U IV 11 XT >>1111111 VA1I I) I I 111* court at any time, for .Judge Mim* .iriiiHgor will l>o in Columbia next in the civil court and will then announce his decision. ' * '1 he trial of John Hlack, charged with bribery, etc., was thus for the |H*0HO#it brought to a conclusion. The effect of Judge Mennniiiger's nctjcKt will merely mean another trial. There was speculation as to *,h4-h er or not It would not be tunta& mVaaffo an -acquittal, .tochically, hut Attorney General l,yon said that the born books of the law show that directing a "mistrial" in an emergency of this kind does not mean that defendant has had his liberty t?iiL ?u jeopardy before the jury, for . ?r..v?o was not given to the jury to nriadte final determination. But even . !' the case should be declared to toiv&b an end here, the commonwealth would have no trouble to bring another. There has been some speculation as to what was the attitude of the jury toward the case. Several rumors were afloat. One was to the effect that the jury stood 8 to 4 on /the bribery charge. One intelligent ,4ti? >> rtold a reporter of The State that jUie jury stood 7 to f? for conV.cUon on the bribery charge and that it was even stronger for convict ion on the corruption and rebate 'Otfunt in the indictment. This juror siiid there would never have been an acquittal. When the court took recess Thursday evening, the prosecution aunotioocd its case closed. The defense bYlduy morning would have nn'nounr.ed no witnesses and the arguments would have started. The iM'onecution would have sprung a sur'ftrfno Ity having its principal speech mate by Solicitor W. It. (Jobb, who liad boon too busy with his own bewy docket to prepare himself In the ffarnum case. Hut as soon as court opened Friday morning Judge Meinniinger called before him K. T. Grlmsley, a deputy sheriff, and iiKiuirod into the mi'.coi .-i oi me iiigni neioro. limns ley (old of arrchting C. M. Porn and A T. Keith Thursday night on Hampton fltreet under th? room in Wright'1 hotel occupied by the Jurors in the lil.ick case. Dorn was employed 1>\ one of the jurors, J. I). Perry, ant wa1 talking to him about malteri at their meat murket. .Judge Memminger then quostionet flwri and Perry and a I ho Juror Sea Mom, who was in the room with Per jr at the time. The foreman of th< jury, J. David, was sent for uik t while under examination by Judg< Memminger related the fact that tin aurora had been reading a newb r. After quizzing the jurors singlj ;uid separately, Judge M cm in in go > to the Jury: , "I want to bay to you, after th< Investigation I made this morning, 1 run not 800 but one course to pursue, and that is a mistrial of this case will have to be ordered. 1 do not think the matters which have been brought out show that there has been any corruption among you, but there has been serious indiscretion, and the indiscretion is such that if a verdict of guilty were rendered in the case, under the authorities, 'the defendant would be entitled to a now trial. "1 havo to look at both sides of a case, and I must look from the standpoint of the State as well as that of the defendant. If I allow the case to go to you, with these matters before me, as have been brought out, the State would have no rod rose whatever, if you find n verdict of not guilty. The only tiling I see to do is to order a mistrial of the cane. "I am extremely sorry that th's tiling should have happened, that you should have boon guilty of this indiscretion. livery precaution was taken to boo that you should be sur rounded and protected from outside inlluenco, and that you should have every possible comfort while in attendance on this ease. It appears from what most of you have said that you fully realize that you ought not to he reading a newspaper in the jury room pertaining to the ease, and if you had proper realization of your responsibility, as you ought to have had, ;<*? soon as it was brought to the attention of any of tlio jury that a newspaper was in there it should have been reported at once <o tii" sheriff; that would have giv en encouragement to the belief that yon did realize the responsibility which is upon you us jurors; but none of you did that, (lie foreman did not communicate it to me. "It is also 011 account of the incident. which occurred last night, a n11 -11 l doiihi it it be any mini' I han an indiscretion on tlu> part of tin* juror ami on the part of the young man who had tin* conversation with him, hut that in combination with tin* other matter, your having had access to a newspaper and reading the newspaper in your room, and notwithstanding the strict guard kept over you, these combinations would tend to cast suspicion on any verdict you might render, and it would not lie satisfactory to anybody to have a verdict, from the jury when litis sort of tilings lias happened. "Now as to what I shall do to you this is a matter, gentlemen, that 1 will have to decide; it is a responsibility cast upon me. I have no hesitancy in knowing what to do with respet t to the man who communicated with the juror and I shall hold him and put punishment upon him for contempt of this court, and as to the juror who allowed himself to be communicated v\ith, who actually did not resent tlie communication from the outside, hut actually condoned that communication by immediately'sending out a communication to the baliiT. which was brought to me, asking that the man lie let out on bond instead of resenting that communication, interference or con-1 vernation with anybody from the out sine, WHICH IllldOU 1)10(1 IN SUPJOCtS the juror to serious criticism. "As to that juror I will nfik him to remain in the custody of the court. I will make - up tuy mind later in the day the proper course to be pursued with reference to him. As to the other jurors, 1 am going to discharge you gentlemen, am going to let you go and withhold your pay eertillcates until 1 think about this matter seriously and earnestly, with a strict regard to what I ought to do in discharging my duty to the poopie of South Carolina in this matter. You all can go, \sith the exception of Mr. Perry, who had the communication; you win not get your pay certificates at the present. f will determine later 011 what course I will pursue in resopct to what shall he done about your case in this matter. "The clerk will enter an order of mistrial on the record, and all jurors will he discharged from further attendance without pay certificates, except Juror Perry, who will remain i utile custody of the sheriff. Mr. I)orn must also remain here, and 1 will dispose of his case. As to A. T. Keith, I do not see anything in reference to his conduct for which J can hold him responsible. You can lei him go." * M!\V TltlAT, DMMKI). Judge Wilson Overrules Motion of Attorneys for Craft. A Lexington dispatch to The News and Courier says Judge John S. Wilson, after hearing argument for four hours, refused to grant a new trial to Thomas Craft, a young white man in jail at that place under life sentence in the Penitentiary for having killed (iarflehl Hut to, another young white man, 011 the night ol 1 December 2k, last year. This moans that Craft will liavo to go to tin - "pon" unless tlio Supremo Cour overrules the motion of Judge Wll son. Craft's attorneys will light tin ' ease to the bitter end, It. Is said and the prosecution is equally deter mined. The grounds upon which th? ' motion was asked is after dlscovere< evidence, tiie claim of the defence being that llutto was killed by nnoth " er party and that Craft is innocent. 1 Col. IK C. Sanders Dead. A dispatch from Walterboro say Col. I). C. Sanders, member of th< , house of representatives for Colle r ton county, died at his home Sun day morning of acute Brlght's dis * ease at tho ago of f>8. A widow, t\v< sous and a daughter survive him. 1 MOST PdtofcKfUL m NAVY WILL IIAVK WKAI'ON OF GltKAT KAN OK. It Will Travel a Half Mile a Second aud Penetrate Two Feet of Hardeat St<M?l Armor at the Muzzle. Ofllccra of the United States navy are preparing to test the giant 14lnch breech-loading gun being built .it the works of the Mltlvale Steel Company, at Philadelphia. The gun, when completed, will be the largest and niOBt powerful weapon of war in the world. It will be delivered to the Government last of this month and the ollieial est will occur at the naval proving grounds at Indian Head, Md., this month or some time in November. Other guns oi the 12inch type are being built. They will be mounted on the 2G,000-ton battleship Arkansas and Wyoming lor which bids were opened Aug. 18. The new I 4-inch gun will have an extreme range of 25 miles, although the range at which it would lire in actual battle would be about 0,000 yards, or five miles. The range of naval battles has more than trebbletl since the Spanish-American war. Then it was thought that battles on lire sea would be fought at ;t.000 yard range. Guns were built accordingly. All heavy American naval guns are now built powerful enough to engage | the enemy at live miles distance. The 1 . Ino pound shell from this new gnu will leave the mu/./le of the weapon at the rate of 2,000 feet per second of time, and its muzzle energy will l>e Of),noo loot tons. So great is the penetrative power of this new 1.1' e pound shell, when tired with the lull load of pounds of powder from t h?? new I l-iii?'h gun, that the projectile will be al>lo to penetrat"! L'3.7 inches of the latest Krupp stool armor at t)m nuiz/Ji1, This would be equivalent to a penetration of not b ss than -a incites of Harvey nickel steel at the muzzle. Hut this does not measure the full power of the gun for navaT purposes, the muzzle penetration being merely a proving ground factor, for after the shot hurled from the 14-inch gun has traveled a distance of 11.000 yards it will still have the remaining velocity of 2,23 1 feet a second, which would enable it to pierce at that distance a thickness of IS.7 (inches of Krupp steel armor. After I it has traveled <1,000 yards, or 3,000 | yards distant, the shell will have a remaining velocity of 1.009 feet per second, giving it, at that range, a penetration of 1 S.7 inches of Krupp Steel. There is a great 1 fi-inch gun at Sandy Hook proving grounds, built under the auspices of the Ordnance department of the army. Thirteen, fourteen and sixteen-inch guns have been built by foreign navies, but this was before the days of cordite or smokeless powder, and before modern ordnance bad reached any-J thing like the excessive pressure and j temperature 01 today, me construction of the larger sized bores ban reused in many navies, t>ut tlio 12ineh gun has been developed by all powers. Now it. has reached a point where the United States is constructing guns of r?0-calil>re length, which is the limit to which the guns can be developed. The shot projected from this new American 14-inch gun will weigh f?3 0 pounds more than the most powerful 12-inch gun now in the service of the American fleet on the target grounds below the Virginia capes. Stated another way, the new shell weighs more than a half ton and will be as tall as a man. After it is fired the shell will' travel a distance of f? 4 '2 Inches within ths bore of the gun. There the grooved rifling of the (gun will ;i in part a rotating motion, which win make th? shell spin around rapidly on its flight through the air, and prevent the huge projectile from tujnfng on end and losing its force. HANK STATEMENT 1SS1 El>. Examiner Wilson (Jives Out Figures Showing Condition. The following statement of the | condition of tlx4 228 State and four private banks doing business in South Carolina at the close of business 011 September S, 1909, has been received from Mr. Giles 1,. Wilson, State bank examiner. In addtion to the statement some comparisions with similar reports of June 28, 1909, and September 11, 1908, are also given: Total resources, 1 908.$T?0,008,0 i 8.09 Tota 1 reso u rcos, 1909. f> ft ,1:57,182.08 Increase in one year * 4,17 1,088.89 Increase since J line, 1909 2 9 8.8 x:M U9 Total loans and discounts $39,206,481.17 Total loans and dls? counts, 1909 ... 4 1.471.K27.9t 1 Increase In 1 year.$ 2,265,046.74 ,1 Increase tinco June, 1909 1,357,677.92 A collector for the Central of R Georgia Railway Company was tired n and worn out. Kelt wretched and " unfit for work. Two bottles of * Johnson's Tonic made him gain 2U pounds in 60 days. Are you under o weight? Get Johnson's Tonic and * uso it. It does the work. DRIVEN TO CRIME Strange Misfortunes of a West Virginia Hatfield. DIED IN THE PENITENIARY Kobbtil of IIIn Savings Tliey Wore in I'urt Ut'covtHMl uiid Then Old Man i*ob*ono<l Ills Wift*?An I'nUNUnl (W in (ht^ History of the Ktnto of Wont Virginia. A II * -L r ' * 1 /v uihjuvM ii irom wasnitigton says | a ronumtic hlory has beou disclosed by postofllce inspectors regarding i Harrison 11 ntdo 1 ?1 of the family of feudists of that name, who died recently in the penitentiary at Moundsville, \\\ Va. liarrison Hatfield lived near Horse I i'cn, in tile mountains of West Virginia. lie was widely known as "Old Hatcher," and was leader of 'he Hutiioldh in the McCoy-Hat field feud, whkh amounted almost to civil war and disrupted several counties -n tie- borders oi \\ st Virginia and Keuiinky. One ot his eves was shot out during i raid \vhi< h the Hat fields made into Kentucky several years ago. The ! latin-Ids owned large areas ot laud in West Virginia from which they realized considerable money. "Old Hatcher deposited $'J,Sf>4 in the C u van Valley bank at Logan, \V. Va. Subset}noii'ly, having need of I tie money, he authorized Alexander II Trent, postmaster at Horse IVit, to direct 'he bank to forward to liitn lb" money by registered mail. Hatfield called at the postotliee re pealedly for the registered letter, but when it arrival on April 24, I !H)7, In* bail I i" ?bo oilice only a abort linn' before to assist an intoxicated friend who could not sot astride his mule alone. ilattild direeted Postmaster Trout to take spe rial care of the letter, lest it he destroyed by tire in the postolllce. . An investigation of tin; tire and of the disappearance of t ho letter was made by postotiie.e (inspectors. It was discovered that Post master Trent had obtained a typewriter from a Chicago concern by fraudulent representations, to which he confessed. Later I'octinaster Trent, and his father were indicted for having stolen the registered letter. Postmaster Trent finally confessed to the theft and made a proposition looking to the refunding of the money. He produced from a jar hidden under the barn the sum of $1,280, which, with $.">0 0 obtained from his bondsmen, was eventually turned over to Hat ti"ld. Trent was convicted of the crime, hut escaped from jail and is a fugitive from justice. Becoming in. ane from worry over the lo.^n of his money and the sudden elation at the recovery of a part of it, Harrison Hatfield poisoned his wife, who was an Indian woman. He was sentenced to the penitentiary for life ami there he died only a r.v days ago. It was not until his death that the postotliec inspectors felt justified iu revealing an in.e tacts respecting t no casv. * LKIT HIS C1HM). Suck IMi-adt Guilty ami 1m Fined Two Hundred A Spartanburg dispatch to The Newtv a ad Courier Hays 11. A. Sack, inotit'i deliver) clerk of the Southern Kx proas Company at Savannah, entered a plea of guilty to the charge of diverting his chllld In Spartanburg last Saturday night. He was sentenced to serve nine months or pay a tine of $200. He paid the tine. The case against Mrs. Sack, charged with deserting the child, was nolle prossed. Sack says that his wife, to whom the child was Ixirn about four weeks ago, nervous and excited, and when she took the train at Spartanburg left the child in the waiting room of the station. * Driven to Suicide. Worried by the responsibility of assisting Aeronauts Wright and Curtiss, at New York. in the preparations for their nerophuie flights at Governor's Island, Quartermaster Sergt. Caron, of the Twenty-ninth Infantry, committed suicide at Fort Jay, Thursday night, shooting himself through the head with a ride. * Htilers <?f the World. An exchange says it was Capt. Cook who tirst sailed around tha world, and it was I>r. Cook who has first hitched his sled to the North 1 In It i u Mm r*AA 1/ o t hu t mtln li j university. * * It was in this very cott from Birmingham, Ala. died of Fever. They hac son's Tonic cured them Tho two physicians here had 3 very obs ' were Italians and lived on a creek GO y months standing, their temperature rangl thing In vain. ( persuaded thorn to let n * cd matter and let the modlclno go out In a feet la all throe cases was Immediate and was no recurrence of the Fever. Write to THK JOHNSON'S CHILI BUDDED and I)P GRAFTED it We Have them in all the Varieties the best size* and varieties of I? is far greater than the supply. Or 1 f H>1>-1010 1 1 to 2 foot size, 50 cents 2 to 3 foot size, 60 cents 3 to 4 foot size, 7 0 cents 4 to f? foot size, 80 cents 5 to 6 foot size, 90 cents Ol'K (irAHANTRK: If our planting care of the trees are followed, we cent that die from natural causes, p February lf?th. Order* |>ookcd n ? * " - - ' 1.? injn jmjr Q(l (IIVHICIKH: Act .N< T he G. M. Bacou Pecan Co., bend for our D*?d-T ~mwm kinds of Ladies* and Gentlemens* t WE DYE TO LIVE, t (^rvMunnnMMMninMwiiiOTKVMKMiMaMraMMninnin Southern States IVT3<:In 1 n<s>rv Tr* 1 u rtn b> f n ilietiv: '..K, i ' . O O L_ i j r\/i p-i to Publish Vnur Ilbt?k,'r?This most interesting booklet, just out, mailed free. Send postal to Broadway Pub. Co., 835 Broadway, N. Y For Sale?3.000 bushels pure Appier oats grown from selected1 r?od. Free from wheat, rye, grass and weed seeds. J. R. Fairoy, Fort : Motte, S. C. 1 Wanted ?Men, women, boys and girls if you are not. making a good salary write us at once. We will put you to work. C. C. Laundry, Co lumbia. S. C. Agents Either sex, can make $3 to $5 a day selling the most use ful household specialty on earth. , Particulars free. Union Mfg. Co., Box 173, West lloboken, N. J. Any intelligent person may earn good income corresponding for newoj papers. Experience unnecessary. Address Press Corespondents' Bureau, Washington, 1). CI Four handsomely executed descriptive postcard views of ruins of Columbia college, burned September M. mailed upon receipt of 22c. Address McMillan's Drug Store. Columbia, S. C. Ditl Coins $r?.7f> paid for ra<re-date 1 r;um ters; we pay a cash premium on hundreds of old coins; keep all money coined before 1880, and send 10 cents at once for our new illustrated coin value book; size, 1\7; it may mean your fortune. O. F. Clarke & Co., Coin Dealers, D. H. 46, Do Hoy, N. Y. Make Your Own Will?Without tin aid of a lawyer. You don't neet one. A will Is necessary to pro4ec your family and relatives. Form> i ami ofjuK or instruction, any State ono dollars. Send for free litert tore telling you all about It. Mof fetts* Will Forms, Dept. 40, 81M Broadway, Brooklyn, New Yorl City. WOOD, IRON AND STMl Reliins, Cvklnff, Ltwins. Lombard <jomhany. al?o*jsta, ga. It takes more than on? thief to organize a steal trust. THE ONLY HOUSE IN CARRYING THE "Original Genuine G; Carrying also Rubber and L< 1 Write us for prices on anything in Mr COLUMBIA SUPPLY 8*23 West Cervins Street { age In Brookside, 15 miles , that three Italians nearly I been sick 3 months. Johnqulckly?read letter below: Brooksldo, Alft? Mfty 4,1903. tlnatc cases o! continued Nlftlarlnl l-Vvcr. All 'iirdH from my Rtoro. These cases wcro of three ng from 100 to 10%. The doctors had tried overyi? try Johnson's Tonic. I removed all tho print, plain bottle as a regular prescription. The efpermancnt. Thoy recovered rapidly and there B. It. BIIIFLKTT. . Jb FKVKR TONIC CO., Savannah, Ca. " - ^ T CAN TREES i Worth Whilo. The demand for ludded and Grafted Pecan Trees der now to save disappointment. PIUCK filNT: each or $45.00 per 100 -? > each or $55.00 per 100 o each or $65.00 per 100 i each or $75.00 i>er 100 each or f$5.00 per 100 ? instructions and advice as to the i will replace free nil over 7 per rovided thej are set out before ?w for full and winter delivery. ?v! (>rd<*r (<Mluy! Mitchel County, De Witt, Ga. Price List. r.A'fs/kto Ladies Loat ' colors. Mournm L,r;ks es~ THEH100KLMHEW j |c"a'y' \M) LI V M TO |)VK. O iJ PP i_ | (j O vl A < f m" j&Htok Farm for Sale 2,750 acres lino land in Mitchell county. South Georgia. Plenty of horses on property. Well stocked with fools, horses and mules and 50 head line cattle; G 1-2 miles from county seat on A. C. L. Ry. Artesian water; healthy location; price $10 per acre; fine for stock-raising, cotton, corn, cantaloupes, etc. J. W. Butler, Camilla, Ga. . Genuine Rescue Grass Seed?Annual fall, winter and spring grass for h.ty, pasture or lawn; yields 1 to 1 tons dry hay per acre; no pest; analysing 8.00 prolein starch and sag, 52.04; sow 25 to 80 lbs seed per acre, any time 1st Sept. to 1st Jan. Price Sc per lb., 100 lbs. or more 10c less quantity. Will. Roberts, R. F. D. No. 1, Tallahassee, Fla. Announcement. This being our twenty-fifth y?ar of uninterrupted success, we wish it to be our "Banner year." Our thousands of satisfied customers, and fair dealing, is brine- ? ing us new customers dally. If you are contemplating the pur- ^ chase of a piano or organ, write u* at once for catalogues, and for ov special proposition. MAIA>NK'8 MI'SIO BOP SB, Columbia, S. O. KilliMi iu a Saloon. At Douglass, Ga., L. B. Hall, a. near-beer saloon keeper, at his saloon shot and killed J. G. Gordon. They had a previous diificulty. Hall vr-vuiif; uoraon rrom the place. Gordon returned to a restaurant attached, when Hall opened Are, amp- ^ tying five chambers of a pistol In Gordon's body, killing his instantly. Hall is in jail. Twelve Perish. Six survivors of a crew of eighteen men are aboard wintor quarters light ship, the remaining twelve having perished, according to a report made by Capt. Delano, of the steamer Porto Rico, which arrived at Baltimore. The name of the wrecked steamer could not be learned on account of the high seas. Mtiny llcfuMctf Naturalization. During the past fiscal year, 2,097 aliens were refused naturalization, a material increase over the rejection to foreigners during the proceeding year. COLUMBIA ~ COMPANY nOT,TTMR!A. a. r. W' ' *"*' OFr,c* ) 4