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- tl- - e sa NEWbEtrry .U eniW aab W wE. _ __ ~ ~NEWBERRY, So Cog TUESDAY, APRIL 27,WI1897tWC]AWE.~.5 ~I and Wrong and a Sheriff's rtr Two Hours Deliberation ,Ibe Jury Awards the Mar6. [Augusta Chronicle.] Columbia, .' C., April 22.-,440 bivil case has bVer' been heArd ini tlis Stat, perhaps, which has croat ed more general iptermst than that of Gov. Ellerbe against Maj. B, . Evans for the possession of a certain fine trotting mare knQwn as* "'Sally. Mr. Avan' is in possession of the On-_ imal and d4ily uses -her, ps a drive horse on tbe streets of' Columbia. He claims thaf he won the. horse from .Gov; E11erlU in 1894 on a bet as to.how Ad,rson county' would go in a conteib for. the' gibernator ial noinination, which was then be ing waged between Gov. Ellerbe .and the former governor,Johid;kfvans. - The latter oarr- coukty and Maj. Evians c that Gov. Eller be had be ".horse against $5 that he (E e) Would'carry the county. way, after the nomination ention was hold 'and John Gary n was nominated for governor, .llerbe gave Maj. Evans an order on a horse man in Savannah for "Sal ly," he having her for training pur poses. Evans got the horse and brought it to Columbia, and has since been using it. Gov. Ellerbo claims that he gave Maj. Evans the order for the horse not in payment of any bet, but simply as a loan, until he needed it, while Evans claims that it was deliveredl to him in pay ment of the bet. The two had vari ous conversations about the matter, but in their testimony before the court today they materially differ. In'course of the negotiations Evans loaned Ellerbo "his" horse and bug gy until Ellerbe's team and carriage arrived in Columbia.' Ellerbe says he was simply getting back, "his" horso, which he had demanded sov oral _times. Finally, on a certain Saturday recently the governor drove "Sally" down to a barber shop and alighting he went in to get shaved. Maj. Evans had previously asked the return of the animal, but Gov. El lerbe had replied that her legs were sore and she ought not to be drive, but offered to lend him another horse. Evans did not send for it, bat evidently'suspocted that Ellerbo wai riot going to retuen the horse. Sei,'Aiin front of the barbershop frns got in the buggy and or dered Gov. Ellei-bo's boy to drive to his stable, which was done. The *horse was locked up, and when Gov. Ellerbe came out of the shop he was informed by his,coachman what had happened. He went to Maj. Evans' stable and demanded the horse. Ev ans refused to give it up, saying he had fairly won it. The govel-nor de nies that any such remark was made. Later a sheriff's deputy wvent to the stable, opened it and took the horse out. Later Major Evans ap penred and gave bond and has ever since had possession. The question then is, who is the rightful owner, and it is one that lawyers aud a jury have been wrest ling with all day. Major Evans in court today testified that lie had a conversation on July 11 with Gover n~or Ellorbe on a Coast Line train at FI( onco. 'ho conversation was relative to h id race for governor. I asked him hoW he was getting on. HeI said he Svas going to be elected. I said: What counties are you going to car ry, auxd hc. n eved r,wcnty-sevencoun ties that he w.as going to carry. I wrote them on an envelope, just to see how near right ho would come to it. In the list of counties he had Anderson county. I seid: Hlore, you've got Anderson county. He said: Certainly, I am going to car-. ry Anderson county, as cort.nin as I am going to be elected. I said tuoe is where you will be fooled on both, for you will never carry Anderson. He said he was certain of carrying it, ,as his strongest friends were tL iro. I said: I can't help that, you will never carry the county, and id"I will,bet you five dollars you, 't.He said L.wori't bet, but I 1 -yoi Wht I'll do; I have a very fine raq6:h(rie on the track, a' chestnu', sorrel rhare rimed Sally, wiAh a record of 2:20, (Ind if I don't carry Anderson county I will give her to you against'your.$5. I said: Do you mean thqt? He said: I -do. i said P'm going off on a Guinnier 'vacatiou for about, ten days, but if y6u mean itLI will go back and put in worli... 'le ,said you can put In alf the work you can, but the connty is min'e.; I said shako on that, but, old boy, I will fool you. W6 went on to Florence and got off and took lunch. When.the train was moving off' I spoke to him, from the end of the cir, and said: Good byo, Billy, I will drivo your mare. He smiled and said dI right. :,While some of the 1aini facts of ihis testimony are admitted by the gove'rnor, yet' he denies most em phatically that he made a bet. He admits that in the convorsation he may have said "I1ll bet you a horse to $5," but he mentioned no particu lar horse and he used the languago in a jocular way like men often do when they say "I'll bet you a hun dred dollars to a cent." He den ios that they "shook bands" on the bet, but would not swear that they hadn't. The governor only pos itively denied that he made a bet, but would 'not positively swear that conversations Maj. Evans alleged to have had with him wore not true. Mr. Abney on the part of Major Evans presented the following re quests: To chargo (1) wagers are illegal only when forbidden by com mon law or by some statutory provis ion. H1askell ads Wooten I. N., and McC., 180 Dudley vs. Odom, 5 S. 0. 134, 136. (2) Whero money is paid over or any article of property is do livered on the result of a wager, though the wager is illegal, it can not be recovered back by the loser, the party paying over or delivering, and the title of the property rests in the person to whom such property is so delivered. Livingston ads., Woot on, I. N., and McC., 179. Hockaday ads, Willis 1,h P., 383. Brooms le gal maxims, 690, 691,.692 and au thorities thero cited. Owen V. Dav is, -1 Bail 316, 319. Bledsoe "vs. Thompson, 6 Rich., V. 6. (3) The contest in the reform faction in 1894 as to whom that faction should pre sont to the 'Democratic party of South Carolina as that faction's choice for the nomination by the Democrat ic party for governor is not an oo. tion in the sense in which that wor-d is used in the South Carolina stat utes. (4) That it is indisponsale to a recovery by p)laintiff that he shall have proved by such preponderance of evidence as shall satisfy each and every one of the jurors empanelled that at the time of the alleged tak ing of the said serrol mare she was the property of the p)laintiff. (5i) That even if this shall have been proved, stil.1 if the plaintiff wats un der obhgation to restore the posses sinn of said mare to defendant the plaintiff cannot recover. The jury wvas out about two hours and decided in favor of Governor El lerbe, and granted him the horse Sal ly or $300, with no damages. Johnson's Chill and Fe ver Tonic is a ONEB-DAY Cure. -It cures the most stubborn case of Fever in 24 Hours. UNITEDI CONFE~DERtATE VETERtANs ill Moot at Nashlville, Tennt., ont Tuenstlay, 'June 22ndi to 24th,. Dear Sir:-GoQn. J. B. Gordon, Commanding United Confederate Veterans, respectfully reqjuests the pross, both daily and weekly, of 'the whole Jo.untry to aid the p)atriotic and benevoloi objets of the United Confederate Veterans 'ay publishing date Reunion is to tale place at Nashville, Tenn., a Tuog1ay, Wed nesday nd Thursday, Junne 9nd 23rd and 24th, 1897, by publication of this letter, with erlitdral notice. It will be the largest and imost.im portant U. C. V. Reunion over hold. The personnel of the 'Nashville Re union Committee under the leader ship of its chairnan Col. J. B. O'Bryan, is a guarantee that overy-, thing will be done for the comfort and convenience of the old veterans and all visitors which is in the power of man; t ir a splendid body of very able and distinguished Comrades, who are fully alive to tho magnitude of the work entrusted to thon in en tortaining and caring for their old Comrades, and it will be their pride to make itthe. most momorablb Ro union upon record;. and the citizens of Nashville are aglo'w with enthu siasm, and patriotism, at the prospect of dispensing. thoir far famed, hospi tality to tire surviving heroes of the Lost Cause. Also to urge Ex:Confederato sol diers and sailorioverywhero to form local associations, and send applica tions to these Headquarters for papers t6 organize Camps, immod intely, so as to be in time to partici pate in the great Rounion at Nash ville, and thus unito with tuoir com rades in carrying out the laudable and philanthropic objects of the or ganization; as only Veterans who belong to organized U. C. V. Camps can participate in the businOss meet ing at Nashville. Business of the greatest impor tance to the Survivors of the South orn Army will domand careful con sidoration during the session of the Seveith Annual Convention at Nash vio, Tenn.--such as the bost method of securing impartial history, and to enlist each State in the compilation and preservation of the history of her Citizen soldiery; the bonevolout care through State aid or otherwise of disabled, destitute or aged Vote rais nd widows and orphans of our fallen brothers in arms; to consult as to the feastibility of the formation of a U. C. V. Benevolent Aid As sociation; the care of the graves of our known and unknown dead buried at Gettysburg, Fort. Warren, Camps Morton, Chase, Douglas, Oakwood Cemetery at Chicago, Johnson's Is land, Cairo and at all other points, to see that they are annually deco rated, the headstones prosorved and protected, and complete lists of the names of our dlod heroes with the location of their last resting places furnished to thoir friends and rela tives through the medium of our camps, t.hns rescuing their names from oblivion and handing them dowvn in history; the consideration of the different movements, plans and means to erect a monument to the memory of Jefferson Davis, President of the Confederate States of America, also to aid in building monuments to other great leaders, soldiers and sailors of the South; also to assist in the promotion and completion of the proposed "Battle A bbey"; to vote upon the prop)osed change of the name of the Associa tiori from U. C. V., to C. S. A.; and to change the present badge or but ton which is not patentable for the new one which~ is; and to make such changes in the constitution and by lawvs as experience may suggest, and other matters of general interest. Total number of Camps now ad m)itted 900, with applications for ab)out one hundred and fifty more. Following is number of Camps b)y States: Northeast Texas Divisioni 81; West Texas Division 55; Sonthwest Texas Division 33; Southeast Toexas D)ivis ion 31; Northwest Texas Division 17; total Texas 217; Alabama 89; South Carolina 81; Missouri71; Mississippi (13; Arkansas 5i9; Georgia 58; Louis inna 51; Kentucky 89: Tennessee 84; Virginia 314; Floridi 30 ;North Caro lina 29; Indian Territory 12; West Virginia 11; Oklahoma0; Maryland 6; New Mexico 8; Illinois2; Montana 2; Indiana 1; District of .Columbia 1; California 1. Very respectfully, Oxo. MOORMAN, Adjutant General and Chief of Staff. SARGE PLUNKETT TIE OLD MAN ONCE MORE OETs HBA UPON 1118 FAVORITE TiEMI. Stories of the Late War-From Uravo to Gay an-i Afrom the Sublime to the Ridticuloul. |The Constitution.]j When the historians Went to try ifig to mako me and Brown believo that Geneal Shorman had such a distastO fur fire that he could not boar to carry a match, we decided tha6 wo were crazy old fools and should never open our mouths again on the subject of the war. Brown has boon provoked to break thit4 resolution for the roasonthat it has always beel his ambition to never be outlied. In the war he was a coward, in pence ho is a failfro, in business everybody boat him and they turn him out of all the churches --he has only been a success in one thing-a liar. Of o-urso he hates to see those last laurels snatched from him and has so persistently ap pealed that I have agreed to return to the subject of the war again and once in a while allow my old friend to got in a word, but I shall watch him close and always make him re duce his utterances about 95 por cent before it is made public. I wish you could have soon .what he prepared in connection with the recent letters of T. I. R. Cobb, but I was fearful that it might taint my late veracity, so I compromised with my old friend by suppressing all his production. and stating in a goneral way some of his points, and after mature deliberation I camo to agree on these points. He starts out, first: "T. R. R. Cobb never wrote those lotters --they are a forgery, is my belief." After this first proposition ho goes on to stato that lie wias very familiar with General Cobb, knew his handwrite, took many a chow of tobacco with him and several times gave the general a drink of Virginia apple jack out of his can ton. and so on and so on. My old f riend argued hard with me to not suppross him, claiming that. it could not pos sibly be a bigger lie than that Gon oral Cobb would disparage Gonoral Lee or write home in word and tone to injure the cause lie loved so well. The argument convinced me and we stand agreed that General Cobb did not. writo those letters and that they are a forgery, in our opinion, until better is given than has yet appeared. More po~oplo than Brown disbelieves the publication. Some of his old soldiers have to:.I me that it did not sound like General Cobb--neither in the manner of composition nor ini spirit. T1hey say that General Cobb vas too great- to whine, too godly to be vindictive, aud would never stoop) to the venting of his spleen in that way. Ho fell up)on Virginia soil an:1, no doubt, General Leo himself has bathed the spot in tears. We are willing to swallow the historical statement that Greely and1 Butler and Snmner and Thadi Stev ens---all such as these-were great and good, but we are never to boe loe that General Cobb felt against the authoritos of the confederacy as these letters would imply he felt--I do not blame Brown for being uin enasy about his reputation as a liar. But history will settle thoso great things despite anything that two old mna can say, and they wvill settle it in their own wvay, but we submit that history cannot give thle whole story o,f a war. Such a story would flit from grave to gay and1( from the sublime to the ridiculous so speedily that one in roading wvould be kept vilbrating bot.weon the depths of pathos and the heights of patriotic en thtusiasmn. History can tell you of the great chargos, the allant gen erals and thme masterly manoenvers, but you must go elsoiv'here for the real life in the army. ,Wait till the battle is over and the armies are gone anid you will see thiungs never pictured in history. Crops tramplled down, cattle driveni off, thme birds have flownm, and nothing is there but death, destruction, silence. There may be a few'old soldiers lent behind to bury the bravo follows who waved their hats and clrargod and rallied around the flag on the day beforo, but. they are silent and troad lightly and hiury, hurry, hurry. The most solomn and desolato placo that was over on earth, I believe, was a battle fiold when the armics had gone. I had soon these things and felt the solemnity long boforo the con script act went up to my ago, and Ao you may be sure that my steps wore not overly port whon I found my self hobbling out old Wheat street., of Atlanta, looking for the Goorgia molish. As 1 moved along rioditat ing and solemn an old confedorato overtook me and was going out my way. The soldier was in no way b.ackward and at once began to con verse. Said he: ,"Old man do you live in Atlanta?" I told him that I did not, and that I wished to the Lord I could never have soon the placo, but that the conscript oficors would havo me to visit th city, and had turned tno loose to find the militia without anything to eat and that I was well nigh starvod to death for broad and sloop. My romarks ticklod the sol dier and he laughed, but, I failed to soo any laughing matter in it. "You don't know the ropos," lie said, after a few minutes' walk in silenco. "You shall not perish if you will stick to mle," he went on, and be fore I had timo to think -ho had opened a gate and pulled me ip to the door of a nico house. A fine young lady opened the door and the soldier at. once asked for somothing to eat. She invited us in, gavo m1, chairs and retired to fix the table for as good a dinnor as I had sEen during the wvr. It was only a few minutos till the young lady roturned and told us to walk in to dinnor and we walkod-I was m1ighity activo just then. Two confederate oflicers had just procodod us and wore already seated at the table. Ono of those was a colonel on furlough from the Vrginia army, and the other was a majcr in the commissary dopartmont of John ston's army. They at once began to argue about the loadors of the two armios, tind it pretty soon grow to be a little warmor than it should have been under the circumstances and at such a place. "Why, sir," said the colonel W1arm ly, "Joseph E. Johnson used to com maind the army in Virginia, and it was retreat, retr-eat, retireat. He re treated all the time." "lHe saved his men though," re tor'ted the major. "Save(d the devil," said the colonel, "lhe dribbled them all along from Yorktown to Seven Piners and would have (dribbled them all away if Lee had not taken his lace. Whien Lee tookd conunand thre yankees coiuld1 see the flags on tho'capitol at Rich 'They would nlever have got any closer," said thre major. "H-I wvould have pretty soon1 done McClelland just like lie is going to do old Slier man no0w in a few days. You needn't 1)0 afr-aid about Atlanta; no harm will como to her, and the Vir-gintia airmyi folks will quit bragging I hope." The major looked over at the ladies and smiled, P1nd 1 t hik lie would have winked, but before he could lix his eye there came a--" "'Boom! boom ! boom!'' and a shell camne wvhizzing over like a shuckd was tied to it. Everybody ran away from the table but me and the old1 soldier. I would have run but the 01(1 soldier held me downr till we had ontonr more than I had ever seek entoni hofor-e by two meon, and the soldier fi lled his havorsack, remnarki ng as we starte(d to leave and( lie cut his eye at the conitents or the tallo "Guniess they wvill think we told themp the truth about lbeing 1' ungry wh ai they look at that table again." i'hat was the first shell thrown in to Atlanta, and the house where we (lined was then known, amid since, as "'Calico'' houso. 8,111OUTERN MilL,s. A Fall Itivagr Mintulitfac'turer'm Opinloil t lks) Ouat l,ok l:ihattt He'tt it,n, Leontino Lincoln, of the firm of Kilburn, Lincoln & Co., having re covered fromt a serious illnoss with which he was aillictod inunediatoly after his roturn from a trip through the South, was iked today by a Herald rol.orter his views of the dan gers of Southern competition to the Fall 1River and other Now Englamid mills. lillismuch atsho11 he has lad special qualifidations for judgitig of the growth of the industry in the South, his opinions will no doubt prove of great interest at this time. Mr. Lincoln said that he went South in the latter part of February with the foreman of his works, and a part owner in the), Androw Lus comb, Jpartly for health and partly for pleasure, but mostly for business purposes. The firm has customrs in the south who are using the mtia chinery, and the mnen woro oifered unusual opportunities for obsorving the conditions for cotton manufactu ing thoro. Their visit was confillodi to the Piedmont district of North and South Carolina, whoro most of thei cotton mills are located. Mr. Lincoln was asked how the mills of the South compared with those of the North, and he Itnswored: "It. is liicult to compare the mills of the north as a class with thoso of the south as a class, as special conl ditions favor inTviditl concerns thero just as they favor th1m itn many instances horo." "Take the averago mill," suggost, od tIhe reporter. "Well, it's difficult, to tompare time avorago mill South with th average North with the data we ha., ,t. hand. In tio first placo e must dhetormint what the averago mill in either place is and that is not at easy mi,attor. I (onI't sup)osO any th11r0e mlill 1mn m11 town would agroo with you if you pickod out the average mill its you call it. However, it is till easy 1111ator to comparo the bost and newvst nills ill the two sectionks, and it semils to 1110 that this is the best, for doter mining the possibilities of the busi noss under the difforont, conditions of the two localities. "Lot mC say right here, t.hat wo mot a large number of Southrn manufacturers, 'md its a class they woro as anxious over the businvss situation its our own 111111111facturors anIld 1 am sat1isfied thilat tile Sou1t,h0rn mills as a whole have not been1 imore prosperous dluring the paist season0 than our own mills. "'The Piedmont section of the South po0ssessos a climate favorable for cotton manufacturinig and1 ailso for a large supp)ly of imotelJigenlt hlelp, and their rate of wages is greatly be lowv the Northlern ralto." "How great is the differenico?" "On an average, taking into conl sidleraltion the fact that mloro hands aro* emloyed to (10 the same work in tile mills between whlichl I mado(1 a comparison, 1 could not make the dlifference over 221 per cetnt. F~or istanco, manliy mannufacturetrs, pay3 1 5 cenits per loom per (lay of I 1 hlours." "Howv about tile sizoe and cost of the mills, Mr. Lincoln ?" "'Well, the majority of tile mtills I are small, not over 1 0,0t0t spindles each. The later and( larger mills compare favorably with our neweri mis, and1( as a rule they cost as I much per spinlI. Ono of tile load ing Southern mill contstrulctionl enigi. noeors, as a rule calculatos onl spnid - ing frotm $17 to $20 per spindle to butildI and1 equip mills of less thanti I15,00)0 spindles. One of tihe ne(west and1( best mills of 50,000) spindles cpst $14.25 por. sp)indle, whmich is, abhout tihe Samon cost as 01ne of our latest mills, and t he latter was equipped with as nmany c*ombIers as card1s, wvhichl add(1 fuilly S1 per sp)in die to tihe cost." "D)id you compare the cost of pro duct,ion in thoe Southern illls with cost in tihe Northern mlills to time Ox tent that you couldl gi vo me anty fig. ures ?" "I reently copnnedtlhe out ini. rour of the best mills North with what I coLimder two of "the best rills 4outh with thoso results. In the tem of labor the Southern mill on W x6,s, using about 32s yarns, show >d a saving of two cents por pound is compared with Northern mills. rho cost of cotton for a year avor tged about. the same. Grouping itore41, insuralneo, taxes, iuipplieH md roptirs, tho Northern mills show )d i. saving of .85 of a cent por n01111(1. which mi1- 0 the net Having in favor of the Sotthorn mills about 1.15 eits por pound. But the cost it this Southern mill was exception. illy low, as it wasH in the Northern uiills Flected for comparison." "How about cheap coal; you have 1liOutionled the cost of cotton as abont he same?" "I did not go into Alabama or 3oOrgia, btut, I was assured that in lh0 Piodmilont district Pocahontas -oal is tle favorito, and costs $3.40 wr ton delivered. Tennossee coal Lt$2.73 is con'sidored hardly equal o PO.c1hontas coal at the price quot d."7 "low about ill) character of the ahor, Mr. Lincoln? Is it as intelli ronlt as onr own, or is it likely to bo 01110 so?" "I t is useless for our labor leadors o 11ndlrestilliato the abilities of out,hern help. They are intelligent md fitithftil. These people weo the nhldron of the mon who fought the -Vbolliol, and wo found them worthy >f ou I host olorts, to say the least. lo absenco of compulsory school aws has allowed Southern mills to iploy younger help than we like o seo at vork inl Massachusetts. l'hiro is it movomont, in both North md South Caroliia in favor of eon Mlsory mdtcation and shorter hourt or labor. Both a on l and a nino-hour >ill havo boon proposed this year by ht Polmlists of North Carolina. In ho Iittoter of education many mills uninfitin itt their own expenso ex Wllout schools for thoir younger 1011). 'iohese operativos are all na ivo Americanis, they ire aibitious, imd are alroady sooking to improve heir condition. The South is begin iig to roalize that. if thore is to be nitlIlli igeit citizetiship thQro compul ory ediuciation must bo adopted." "Do you understand, Mr. Lincoln, lit the wages throughout the South 1re luiifori as they are inl this city )r througiout, Now EIngland?" ".Vhero is not it liliformuity in the vagos ptid by the differnt mills for hie samo11 work. Fokr instance, in 0one n1ill the price j aiid for ring spinnming vats sovon1 cenits a side of 1 28 spin 11(os, while in aniother mill ini tho mmIIO locait y t ho price was eight .on1ts p(r sid(." lIn conclusion, Mr. Lin'coln said lhe great pro'sen1t advanutages of the outh weire chieaper labor and longer ours1. H1e asked ia great many men low long they expoe(ted those advan aigos to onItin11u1, anmd thos5( who vero bes5t iniformedO feol that they annimot latst ini theo naiture of things nore thtan three yeatrs. TIhe Atlanuta Weekly Journal is low running a missing word con .ost. For fifty cents they send1 the Week y' Jou1rnail 01n0 year antrd allow the )orson snd(i n g the subscription one ness5 att the nmissing wordl. The entonico selectedl is: "lie who has ceased to enjoy his rienld's - .has contsedl to love The muissing wvord1 is the one nec 15ssary to 1i11 ont, the ablove sentence mid makite perffoet s0enso. It is not a mt(Ih wordl, buit is a p)lain every (lay highlih wVord1. Tho th 1wJperson fir'st guessing thto -ighat word T[he JIournal will give 5 >er cent oIf thei amlfounIt of subscrip ionls received (luring the three nonths1 that this conitest lasts, and 5 >er cenit iadditionmal wvill he evenly lividled betwoonem all oIther persons vho may1t guess the missing wordl.' The Wooekly Jiour-nnl is a fj.re ,itss family papo~r, hiaving ten pagea >lled wit h matt tor that wvill int,eress tll mnembeis of tihe falmily. It has a irst clauss wVomantI's paige; an admir 11b1( children's depatment; at least no story every woek; a vast amnoun >f miiscollaneous features; and all the mows of the world. Address The Journal Atlant.a. Ga.