Historical Newspapers of South Carolina

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iI Syrup Sarsaparilla. 10L. This preparation is a combination paCrs of t-h - - of drugs haying altorativo, tonic terdjay. NE ?. ID AY, AUG U 18, 1897. NEWBRRYT Wo CC ARIDAY9 WEGUST EK,6, 1 It contains three drugs which the medical profossion recommond - skin diseases, c DyspTAZ'hesmer Case-The Missing link he OriginalFackag" Deinition. The Carload Lots Can Come In. (The State, 11th.) There no longer seems to be the shadow of a doubt as to what Judge Simonton meant-by his construction of the meaning of the term "original package." He yesterday issued a decretal order in the case of Guckon heimer & Sons, which settles the is sue as to whether his definition in cluded liquors shipped in carload lots. The facts were in this case that the shippers delivered the bot ties to the railroad company--each marked but not wrapped-and they were packed in the car in sawdust by the .sailroad company and deliyl ered to the agent in Florence. Whon the opinion was filed there at once arose considrabiwdoubt as to wheth er olge Simonton's definition cov ered such a shipment. Yesterday the attorneys in the case appeared before Judge Simonton in Green ville and he issued the following order, which shows very clearly all that he intended to convey in his definition of the meaning of the term: United Status of America. District of South Carolina. In the Cir cuit Court. In Equity. Fourth Circuit. S. Guckenheimer, A. S. Gucken heimer and M. S. Guckenheimer, co-partners trading as S. Gacken heimer & Sons, complainants, against W. 'W. Sellers, F. M. Davis et al., defendants. Decre tal Order. This cause came on to be heard on the bill, the rule to show cause and the return thereto. Hearing the same, and the argument of the coun sel thereon, and after due considera tion thereof, and it having been al leged in the bill and shown at the hearing by affidavit that each of the bottles of liquor mentioned in the papers was shipped and delivered to the common carrier, singly, sealed and marked, or in packages of two or nuore bottles securely fastened to .gether and marked, and transported in a car of the carrier and'under control of the carrier, and so re ceived from the carrier and offered for sale in the State of South Caro lina in the same form and condition in which it,was shipped, and so each bottle or package of two or (gpore bottles as aforesaid was and is an origmnal package within the scope and meaning of the opinion filed in this case, dated August 6th, 1897-.. It is ordered, adjudged and de creed, That a temporary injunction do issue as prayed for ir- the bill, to remain in full force and effect, until the final hearing of ~ this cause and the further order of the court. Charles H. Simonton,. Circuit Judge. August 10th, 1897. It appeairs that Gov. Ellerbe's in structions to Chief Fant in the An derson ease mentioned elsewhere if carried out are likely to lead the constables into trouble the minute they interfere with the carload of stuff shipped there, the shipment being yrac'tically in the same form 4s that in the Florence cast3 ELLERBE TAKEs A HIAND. O' overnor Ellerbe has taken a hand in the original package mat ter, and it is likely that his action will precipitate another hearing in the United States court looking to a direct decision upon the carload lot question, despite the fact that it is generally conceded that the order in the (Guckenheimer case will settle the matter definitely and finally. It was ascertained yesterday that the attorneys interested in the several cases heard together recently have abked Judge Simonton to prepare separate orders in each case. (Gen. Barber was in Greenville yesterday in the agricultural ball case hearing, and it is thought that he will ar 1Oi *kl*S have the orders issuedI hout further delay. Yesterday Guckenheinr's repie sentative was in Columbia arranging to open an original package store here; he considers that his company has won its case under Judge Si. monton's recent decision. Yesterday morning the governor received the following dispatch, signed by Chief Fant: "M. Priest & Co. of Savannah have shipped a carload of liquor in bottles, bulk and packed in straw, billed an follows: '98 quar .698 pints, 050 half-pints, 000 bottles of beer,' consigned to theisolves as agents. Please advise." Gov. Ellerbo wired Chief Pant that,if'the attempt was made to sell an rof the stuff by the bottle to seize i forthwith. TIlE INVESTIOATION. Whitt H1aw een Aceomplished in Spartan burg-L"gal Moves. [The State, 0th.] Here is the way the Spartanburg Herald tells of the work of those sent by the governor to Spartanburg to investigato last Saturday's outrage: "Chief Fant and Clerk Harris fin ished the investigation of witnesses in the recont outrage case yesterday. They refusd to give out anything for publication. "Messrs. McCants & Carey, whose plumbing establishment was invaded, and whose goods were destroyed, have employed lawyers who are busy at work seeking redress in the courts and they refused to testify before the governor's investigating commit too. "When seen by the Herald yester day Mr. MoCants said that he pro posed to stand on his legal rights, and that he did not propose to go before Pant who was primarily re sponsible for the raid, who was in charge of the constables aind. the clerk of the constable force, Mr. Harris, to make any sort of an afli davit. He said, however, that he would make affidavit for publication in the Herald, that the constables did not open a box containing whis key flasks or -flasks of any kind in their store, but that they smashed glass globes, as reported in the Herald. "Attorney W. W. Thompson is the leading counsel for Carey & Co., and it is understood that he will act with the attorney general in prosecuting the constables for storming a private establishment without warrant or due process of law. The attorney general is bound to proseute the case under $500 penalty. "The acts of 1897 require apecifi cally that an anidavit setting forth the reasons why any particular place should be searched shall first be made to accompany the warrant be fore any p)lace can be searched. The constales admit they had no war rant to search Cary & Co.'s plumbing establishment, andl hence the board of control, whose agents the consta bles were, will be sued for $3,00C damages. "Mr. Thomason will also apply tc Judge Simonton for contempt pro. coedings. "In the case of Buice, who is undeu bond pending his appeal, for man slaughter, it is claimed that his con nection with this breach of the peace breaks his bond and that he must b( remanded to jail. "Messrs. McCants and Carey say that the Herald's account of the raid in in their store was absolutely cor rect, except as to the number ol globes broken b)y the constables. They say the entire gross was not injured, but that the constablei broke three dozen globes. They boti deny positively that the constablei got whiskey flasks in their store. "Capt. White says that, in justic< to Eichelberger, lie did not hear hin mention Lytle or- Doolittlo's name but that Howie said: "'Lytlo and Doolittle are going ahead of us moving their whiske) and we'll have to knock them in th< head.' "Eichelberger replied: 'I(nock then in the head, then, I'm at your back. "Mrs. White harl this also." TAKING THEIR TIME. CLESON PRESIDENT COMMITTEE IN NO IUltity. Wnll Carefully Look for the Hight Man. Tindal Not a Vandidate. [Evening Record, 9th.] Governor Ellerbe, Col. M. L. Dun aldson, of Greenvile, and Mr. J. E. Wannamaker, of Orangeburg the committee of trustees of Clemson College charged with the duty of soecuring a suitable man for the presidency of that institution, will t not do their work in a hurry, but will take ample time, so as to secure the best possible man for the posi- t tion. It is certainly a case where it will be wise to make haste slowly, ' for a mistake would have serious t consequences, whereas a wise solec- 1 tion will result in great good for Clomson. There is no reason why that institution should not be as flourishing as Winthrop college, which is going ahead at a great rate in its grand work of normal and in duAtrial education. If a man pos sessing the practical sense and I narkod oxecafive ability of Prof. D. B. johnson is p,t in charge of Clemson Collego, tu,%t institution will in short order begin to flourish like the green bay tree. President Craighead's resignation goes into effect on September 1, shortly. before the re-opening of Clemson College after the summer holidays. It may be that the com mittee named above may be ready 1 to report at the September meeting of the board of trustees, but if not prepared to advise the election of a president then, Dr. Hardin, the pro fessor of chemistry at Clemson, will serve as president until a perma nent selection has been made. It was generally thought that Hon. J. E. Tindal ex secretary of State would have been chosen pres ident at the recent meeting of the trustees, but it is understood that he does not wish the position, much as he appreciates the honor and es teems the confidence of his fellow citizens. His selection would have given satisfaction throughout South Carolina, for lie is a practical agri culturist, a man of high sclolary attainments and rare execi.ive abil ity, whose selection would imme diately have restored general confi donce in Clemson. But Mr. Tindal has a splendid farm in Clarendon county, to which he wishes to devote his attention, and, moreover, he fancies he -is get ting too old to take up)on himself the heavy work of managing an in stitution like Clemson in the way its president should manage it. Governor Ellerbe said at present his committee has no one in sight for' the position, but doubtless there will be no scarcity of applicants, for the salary and porquisites appertain ing to the oflice arc by no means be-. neathm the consideraton of distinm guished educators. As TO LYNCOHIN(is. second Deolegallon of Negroes Waits on Goveornor-Trying to Imnprove- Preach oe WVIll Teach Their Race Not to tCoumit Usual Crimes--The Quickest Remedy. (The State, 11th.) Yesterday Governor Ellerbe was waited upon b)y another comnmittee of negroes representing the Florence district conference of the A. M. E. church in regard to the matter of lynchings. T1he committee was com posed of those whose names are signed to the paper below. Gover nor Ellerbe accordeli them a patient hearing. HIe told1 them that he was glad to see that they were not for condoning the crimes which caused lynchings. He thought that' they should earnestly preach against such crimes. He expressed his well known views in regard to the matter of lynchings, saying that lie did not think it was ever justifled. The members of the committee assured him that they would do all in their power to prevent the coim mission of suel) crimes, both through the influence of the pulpit and otherwise. They presented to him the follow ng paper: Your committee on lynching an< reneral lawlessness bog leave to re ort that they view with serious ap rehension the growing disregard o aw and order which is so painfully nanifest throughout the length and )roadth of our country. In the iorth, east, south and west the or lorly investigation and punishmen >f crime by our time-honored courtq iro too often disgraced by boated oxcited and projudiced judgment ani ho cruel and inhuman taking of life >y lawless and Godless mobs. Your committee wish to submil hat they are surprised at the failure >n the part of the past administra ion to bring to justice the perpe rators of those crimes of infamy tpon a poor and helpless people. No are also surprised at the repeat. d announcements made to the pub. c through the press that the best )eople engage in these lynchings. rhis condition of affairs is fast be oming alarming in the south, and inless something is done and donc poedily to re-establish the majesty if law, decreaso crimo and stol ynchings, an era of bloodshed, car iage and devastation such as har tover been witnessod under the tars and stripes of the American ro )ublic will be precipitated upon us Ne therefore recommend: 1. That the preachers of this dis ,rict conference be required and al >ther colored preachors in the Statc )> requested to condemn from thoi )ulpits any and every violation o aw, whether it be insulting a whitc 3hild or lynching a negro; that they >e urged to teach by both precopi ind example a high moral standar< mud obedience to law. 2. That we extend to his excel ency, Governor Ellorbe, our grete lul thanks. for the efforts that,be ha nado and has promised to make ti provent lynching and punish lynch )rs and other lawbreakers as th( aws of our Stato direct they shal >0. That we assure hun, and througl im the white citizens of the Stat( md nation, that we have no sym athy foi those of our race wh< .ommit nameless crimes upon th( air sex, and will do all within ou ower in bringing such to just pun shment. But we insist that tho; dhould be tried and convicted by duI process of law and not made scape ,oats for the crimos of other races Is is too often (lone -whon mobs ar illowed to convict and punish with >ut even a form of trial. 3. That we appeal to the whiti pulpit of the State to assist us ii 3roatinmg a stro.g public sentinmon igainst all forms of lawlessnoss, es pocially that of mob violence, whici s becoming so common and threat aning in our otherwise peaceful prosperous and1( beautiful country rhat we appreciate the strong san< ranly light made by the press o >ur State against, mob law, believinl as we (10 that more can be acconm plished through the efforts of th< preHs and pulpit along this line that by3 any other means. 4. T1hat a commitittet be app)ointe< by this cogiforene to p)resent a copy o lhis report to the govenor wit hi ued mdditional explanation of our posi tion on the subject matter of thu paper as they may think prIop)er, an< bhat the same committeo be chmargo< with the duty of publishing the sai< report. Resp)ectfully and prayerfully sub mitted, ,A. G. Townsend. l'. J. Sawyer. E. M. Pinickney. K. B. Burroughs. N. T1. Spencer. C. 1H. brown. The following aire the appoint moats for the sonatorial campaigi nowy in progress in this State: Lancaster, Fridlay, Aug. 18. Kershaw. Satnrdlay, Aug. 14. Chesterfield, Monday, Aug. 16. Marl boro, Wednesday, Aug. 18. Darlington, T1hunrsday, Aug. 19. Marion, Saturday, Aug. 21. Horny, Monday, Aug. 23. Georgetown, Wednesday. Aug. 2t 'Williamsburg, Thursday, Aug. 20 Manning, Friday, Aug. 27. Flofnenn Saturday) Aug. 28. THE SWORD AND THE GOWN DEATH OF IEN. SAIIUEL M40AN AT ABiSILVILLK. A Gallant Soldier of Two Wairt, a Splemild Citizen inI Peace, ant Ionorable CounNe1n lor, an Upright Judge, flm i.ife Is south UaroIlbia's Ulory, 11 m Dvattlk In South Carolina'm Lom-Tiho Story of Ills Death and life. [Ne%s and Courier.] Abbeville, August 9. ---Judge Sam uel McGowan died at his home in this city at half-past 8 o'clock this morning, in his 79th year. The do ceased was one of Carolina's noblet., most worthy and distinguished sons, on1e whose placo in the history of the country and State will be iard to Jill. Gen. McGowan was the hero of two wars and in each was fearless and courageous, winning haurels on many hard -fought battlefields. As a citizen he was ever loyal to his raco and country. He was most highly esteemed and beloved by every one, and if he had an onmy in the world he is not known. The deceased was a imember of the Episcopal church in this city. Secession Camp of United Confed crato veterans will attend his funeral as a body, thereby paying their last tributo of affection to their distin. guished comrado. In tho hour of his delirium, when the once strong mind was wavering in the balance, he was extending orders to his soldiers, as if oi )ie battlefield, and while tasting of his refreshment he said: "Give it to the soldiers as they need it more than I do." His funeral services will be con ducted to-morrow afternoon at Trin I ity church at 4 o'clock, after which his r< -ains will find a resting place in the benutiful cometory of Upper Long Cane. The Story of Ilm Life, The following sketch is takcent, in the main, from Brant & Puller's "Eminent and Ropro3entfative MeNt of the Carolinas:" Of the many prominent and repre sentative men of South Carolina few, if any, have played a more conspicu ous part in the late history of the old Palmetto State than Judge Samuel McGowan, of Abboville, who has distinguished himself aliko is i sol dier, lawyer, jurist and judge. Sam nel McGowan was born of Scotch. Irish parents in Laurens County, October 9, 1819. He was graduated with distinction from the South Carolina College in 1841. Rad law in Abbeville with his friend, Col. T. C. Pe rrin, who at once took him into partnership and invited limu t.o share equally his large practico. lie soo gav prms of being (list in guished in his p)rofession, hat in 1840, filled with the fire of patriot - ism, he entered the famous Palmetto regiment and startedl for the Mexi can war as a private soldier. EvICES IN 'TE MExIGAN wAil lie was relieved from that position b ly President Folk, who appointed Ihim on the genoral quartermaster's staff of the army, with the rank of captain, in which capacity lie served for the whole war, first. on the stall of Gen. Quitmnan and1( afterward, suc cessively, on that of General WVorthl and Gen. Tiwiggs, of the regular army. He acted as volunteer aiidl to Gen. Quitman at tihe storming of Choepultapec and the caplture of thel( G (arita (10 Belen, leading int.o the city of Mexico, aind was5 compllimfenit ed for his gallant services on thatd occasion. After the treat.y of (Guad aloupe H idalgo, which terminiiated1 the war, lie returned and~ resumed tile practice of law with Mr. P'errinm, at Abbovillo. lie rmarriedl the eldest daughter of Judge D). IL. Wardlaw, othttown, acquired a lucrative practice, became major general of the first divis'on of South Carolina militia, and rep)resentod the old dis trict of Abbevulle for twelve colisecu tive years in the lower house of thme Sltate Legislature. UNDER BEAUREoARD AT FoRT H1UMTER. 'On the secession of South Caro lina in 1860 ten volunteer regiments of infantry was raisel I)w t.le prwMni fluthorit ivs for Sitt defeilco, nild dividod into four brigades. Capt. M11cGowinl was appoiit'd by Govor nor Pickens t th e command of ono of flhks' brigadvs, anld inl that capnle ity Ie alssistvd (,iin. 131.a1ur1egand iln ti cap(mur of Fort Siint,or, ill April, 1S6 1. Sool after i hlis. h is Stato coi mission lapsig by (ransfor of his conu and to the Coft-deratto Sorvico, I joined rig. ie. Boiilnim, it Ant-rovillo, Va., ats aid(I do-camlp, anad servod wit.i him inl tho battles of Bull 11un1 and alnassils. 11n11nedi ately after these hattles h rottirned to South Carolina, wiero he Was elected liviutminant co'oolof thev It Soth0 Carolina Vohtintot-rs. In tht tpring of 1802, onl tho oist of South Carolina, Col. Jamillis Jones, t-1 C0111111milut.lt of lo t I1 ith egilivilt. resig i !d is co ln inission afuld i ill Col. McGowanl wals proioted to thle colonoley. Soon aiftor ho carriod hkis rogillin'1 to Virgiinia, aluld thlwvfrorlIt it ho (111110 fil integrial lt of the fannous army of Northornt Virg'nia. CoL. Ic(iowi'alN was inl ill th11 bit tlos arlolund Mhllhond( inl whichl his rgiimit. was nggd. litv vas woluld lit Cold 111trbor, lmt did not leuiv' his regiineit ut til lifter tih silbsvi hittlt 1at-le of lvitheni Iill. Hto was reconulnided for promlo tionl by Goln. (11rogg for hlis; (galhm1try inl theso t ties. lit his oliiial re port of ithe batle of .hl lla1hor, Goln. Grogg Says: "Tho I lith rI mllent, CoL. Mlowian, n4w luirivetd on te Held, it fit' m1lon1wnit it w:is so gretity neoded, Slopping til, fire of Crotishiaw's battery for a Sh,lort (inw. To allow it pissigI throwgl the guis 1 o-dered tho I Ith forward. Tire as they, 'were by hwo days lui(! tIrie nigtils of oltp)o,t duty, aint Iy it rapid mar11ch 1u11dor 11 hurning' sunl, C.hoy reovered sireilgti lit onlce and advanceed wvithi at (h1e.r at a doubbv qulick. Leading his regiit'it to t le right of th,o i;th, atcross low holiow, Col. McGowanl ar1rivvd Ju1st inl tinwi to repillse tho advaliing. 411viny* anid provei-,ing twnt frmni estaldisili, It hat-tery oil th vd' tg f tih opn groid oin t Ibruiow of i it ii > 'liT 1-10b In ilit ailttd its hu s t gitilitlit ly to tho vind of the hattlev," MVc. 41EN. ill I. 1 S T1 ilIT i. Gen. 1 Iill says of the sam11e hat t I,,: "*Dvspvratto bul una11vailing aith-111pts to force tht elieiy's pomitimn wer mad e. Thv 1-IL ('oi ( 'ar(odlit , Col. Mc owni waisgi hurie ui i fro piickeo t d um on it otherid of thit (;bicahominy and arriing in the hiof throure lightg, )vhet i' mad several ")11 fThe brigato, (in. wt ihertonei havI igatbeorn gv eryu much sea''ttt I (red and forceui i i Wi'dbac,ItCol. Oelow In lof the tu-ith oulth Carolna, ru't eritl< oi'l.lcGwan wi the earn-vaigl' t OI olv aniasss Conr whe Ioiist bit helia wioundid. lllturn l.ing' to i.i rteimts inl wthoualutn, e remasinedup with oit dur ill th o march trom t valloy, andta. rseta hbtl o rodriehr, wheritt gin (i rtugg,i cIo 1ittiilif ilev ria was Iio ll,I (ho. Moe iai s aitlt'in o Gregg, an afots.'lorward (in (uth t itpal ,oendiof the war,1 itii ng sevft eralX gress. He was elooted, but not al. I lowed to take his seat. He was Igalin nom1inated at the next election, but, wita counted out. It wias an elector at large on the Tilden and Hendrix ticket, and in the intertst of thoso gentlemon and lie Domocratic party lie canvassed tho wholo State. In 1878 he again went, to the Stato Legislature, and during the -ession of 1879 was e'lected Assoiito Justico of the Su promo Court. .Io held this oflico iitil JulY, 18P1, when he wia suc coded by Judge E. B. Gary, a rop *0SVItaItlivoof the Tillman regime. .roim this n6agro outlino it, i8 niniiifost that ,Juldgo McGowan won his distinction 1)y faithful morvico diring Itho most eveitful period in itl history of the country, anIld that hit is falilyN ont-itli'd to bo considered a1s at re sentlitttivo 1111111 of Soith1 Carolina. I1s QUAl.iisE AM A SoLDIEi. As at military m (Ien. M(lowan wits very successfuil. Although not al rigid a( tievoro as soi no ot hers ili his diH(sillink aid 1111.Ma1nemt of citizen soldiSo frosi froil home, he excelled most ollicers of equal rank inl oflicioecy. Ile wiai 1an oxcollot. drill mast,Lor; i constant maintaiier of good ortdor anld regularity, and Ills great, mIerit, always siceeded ill ill spliing confidenc0 in himself and im parting to othlerf the iagnotism of his entulifiisialm. le only ordered his voliiailid to follow where ie led. As A .AWYIR .ND UIMiE. (Of (en. McClowall's chinlie0ter asm i lIw1 11and at public man1111 it is hardilyiv ivepssary to say Imore than has bewi s1id, that 1 prlictlcod his p-rofession With great *ftceoss and profit. for yours before the war, and thiat lie ac(111ired and retallned the ou iro colic lolce of his constitloiey. It. inl either of theme pursuits thl-ere WVFr h clhaatviristics inl hin more :ma1rked than all others, they N% 0r it <qickness of aPprehieIsionl ami jro11iytnesi 111141 energy of actioll. As a lawyor lie manifested great neItn0SH in porciVinIg the promi1i leint poilnts of i cast, ald ingonlni(y in puittillg thoml) together. 'lhiti fic ulivt, aiSW(t b.'y lin Cano-1104t, cl0a1r am1 powerful diolivory, rendered him I'eulirly inliic-Itial with the jilry. Sinllilatr tiaitS c1IarcIteIiZPd hii ats a pimblic mlall. Scorning domaigogy inl all its formns, lie Was al1waiys, plainl, miarnmst anild wholo-SoIllmed il polit iem, at r'ildy speakmer, il l 1able geltle ian, and therefore, at aill tilin o11 of Ule most popmlar of moln. ON 'ri-: T SU -:I: ENcIl. .Bit it wias as i nilagistrato of the Suproln o Court, holding the scaieti of jusuice with ai irm hand1111, thalt Judicge AC lila wias m108os t itin gilished. 18Iis hih Mens of0tI just1ice, 1as well as his robus 118. ite4illet, an id for thle diischalrge of 4.ho1 (ldlicto and re'sponsible11( duties of Judicgte. otlice of Juditge has1 lwaY1y8 been1 rO gardetd respec(4t, and1( coniderailtion. (Iroat. and1 good won01 Imvo~ at aill t.imes1( inl Southi Ca rcolinia performned its dtlies and8 won( ~0 its honiors. if if dignity ho attneh to s ( tationi and1 p owor, theit juicild auithorit.y to corce and1( restraini, to counl and1111 cotnmaiid Lt)helgislativ and 11(104) exc tiv depa0jlirtinents ofC the G.overn wVill and1( its8 great fun ction1 41 (o dis pens8e jus8tico, constIt.ut.o it ar11 otlico of Lt hiighesMt dign ity' and Ite greait ('s4. rtspnjblity11."' W)~it hout11 attemtinimg to) single out ori specify any13 partic~uilar opnin of the 4 wen4It.y vo0hunies of South Caro linal l'i4hports, ( Shand, ) froiin Nuimi host erit y, afftord 4th)best, Iihmasure of lI rn, n f th-tegho i i tlt, as8 well a11 of i hIigh sens io (If j Wti(e. u, I 4i t 11113 lie said4 Wih per wfect truithi hat. taiken 11s at wh'Iol( they43 will be found 4.lto h (<na to11 44 h1oso (If any one0 of the lonep list of d1iiginish id 'Judtgs and1 (hanello4I(rs whoi( Iwlo)rnedi 4the judoi cial a lhs (If Sout hi Carolina. Upon)11 his1 r('thir4imnt fronm lie l 11inch Jud14ge McG Iowanl ret.urne iito his 1 ola idys ini 4h ociety0(4.3 and1( com paniiionsipiI of the people wvho kow 1ui Ioved( him1, and ever delighted'( to) (d4 himii honor. .1ie loft. three C. MoGiowanii and( % Miss Luclia Mc U ownixi