The Newberry herald and news. (Newberry, S.C.) 1884-1903, April 04, 1902, Image 1
7tAN
ESTABLI SHED 1865. NEBRY err er,- FRI-DAY9.jj
SUBTITUTE FOR LYNCHINGS.
THE FIRST SPECIAL COURT HELD IN
FLORENUE.
It Answered Isbject Very Well-Only the
021lBers of the Cour: and the Necessary
Witnesses were Present During the Ex
aatuation of the Witnesses for the
btate-The Negro, who was on Trial
for theMost HelDouaOrtnmeKnown
to the Law, had Kade a Full
Confesion and Counsel Of
fored no Evidence-His Con
1wetion was Spfedy and he
was Sentenced to be
Hanged on Apall
25th.
[Special to News and Courier.]
Florence, March 31.-On March
5, Julius Gibbes, a negro man,
about 20 years old, was arrested in
this county. chr rged with rape. His
victim was Mrs. Daisy Lee Haynes,
wif66f a well known and respeitable
farmer, residing about twenty miles
foml this town. A lnching was
narrowly averted, the details of
whiLh are well known. The special
term of Court ordered for the trial,
u *ge Purdy presiding, met prompt
dtat 10 o'clock this morning. Solic
itor Wilson was at his post of duty
-tie and all technical preliminaries
esived careful consideration in or
gw3gJh8Court.
Florence Court House has never
eauch~ acrowd as was within its
4im today. Old, young, white and
Mack, all callings, including several
were present, and the
o d was so large that Court offi
ia*ls had much difficulty in moving
o~und in the discharge of their
dutes. The behavior of the crowd
' such as usually marks our im
oia,t oocsiens, the interest shown
a lmost intense. This was the
legal trial for such a crime in
zConty, a county where the
e-=st eieution will take place on
25, when Julius Gibbes will ex
on the gallows the terrible
~ risO rape.
Sol;[" silence attended all the
ies, silence that became
stcwhen Solicitor Wilson asked
3 Wii Burch to "brmng in the
Sis" They came as soon as pass
~ way could -be made, Mrs.
~4~r~pss coomapained by her mother
~4~a quiet faced, aged lady in
At this juncture their pres
~ as necessary only a few mo
s is, when they retired, to appear
. *4when they had to testify.
d .uge- Purdy then charged the
d jury, and his charge, while
-w brief and specific, covered all
#ztsand left nothing to be misun
~utod.The indictment was handed
tthe jury -which retired and re
roed with a true. bill in twenty
,Then Julius Gihbes, handcuffed
and with his hat on, was put in the
doekL He is an or Iinary looking,
-bpek negro, and the stern faces by
which' he was surrounded pitilessly
adeted the hopelessness depicted
upon his own countenance. He looked
like a drowsy man and seemed to be
almost in a semi-conscious condition.
-When lie had to say something his
trembling lips continued to move
after his words ceased to be audible.
Nothing aroused him and he moved
to his doom like a sleepy animal.
Messrs. Wilcox & Wilcox were re
quested by Judge Purdy to defend
the prisoner, 'who had no counsel.
Mr. P: A. Wilcox, in accepting the
disagreeable duty, remarked that a
requestC from his Honor was equiva
lent to a command. Later he asked
*for, assistance and XIe. Ship was re
quested to assist in the defence, and
for an hour thess attorneys con
sulted with the prisoner. Then a
-jury was empanelled, being sworn on
their voir dire, after which a recess
was ordered until 3 o'clock to allow
further consultation with the pris
oner.
At this hour the trial was re
sumed. Solicitor Wilson, counsel for
the defence concurring,.asked that
the house be vacated by all but wit
nesses and officers of the Court.
Judge Purdy answered that he knew
only a request would be necessary,
and in a few minutes only vacant
seats were seen. The evidence
against the poor wretch was simply
overwhelming, including a free con
fession to the prisoner's father, made
fence had no witnesses, so counsel
stated. Solicitor Wi,son made a
brief but spirited address to the
jury and was followed by fearless re
marks from Mr. Wilcox, who with
his colleagues, ably discharged their
duty. Judge Purdy's charge to the
jury was a model of absolute fair
ness and impartiality. There could
be no doubt of the prisoner's guilt
and the jury returned a verdict of
guilty in a few minutes.
The prisoner was sentenced to be
banged on Friday, April 25, and
when his doom was spoken he sank
to the floor gasping and terror
stricken. The jury was composed
wholly of intelligent white men and
the entire conduct of the case was
admirable. Judge Purdy requested
that the audience maintain its good
behavior and make no demonstration
when the verdict was anncounced,
but had to suppress a rising demon
stration just prior to adjournment.
He also firmly commended the men
of the county for their fine tribute to
the power of the law. Many ex
pressions of opinion were heard e-ur'
ing the day fror '.w abiding citi
zens regarding -thk advisability of
this first special Court held in South
Carolina to punish the crime of
rape. The conduct of the Court was
perfect, everything was done in
order, every technicality met proper
observance and the law was vindi
cated. For a woman to have to tes
tify in such.circumstances is a fright
ful ordeal. It is a bard remedy for
lawlessness; it is a bitter path to
justice that forces a woman to face
all that involves testifying in such a
case. This was heard on every side
in spite of the great consideration
shown by all concerned in the trial
here today.
CAROLINA 89ERIFF8 HONORING THE
STATE.
Sheriff Douglass of Chesterfield Does His
Duty Bravely-And Mob, As UsUal,
8lInks Away.
[Special to The State.]
Cheraw, March 31.-We had what1
is thought to be the nearest approach
to a 13 nching last. night at Chester
field C. H. that has ever occurred in
the county. The negro, Will Brewer,
who killed Mr. Mann at Hornsboro
in January, and who has been at
large since, was captured by Sheriff
Douglass last Saturday at Nashville,
Ga., and brought back to our coun
ty for trial. Last night 5Sheriff
Douglass got wind of a report that a
posse of men from the upper part of
the county were going to take Brewer
out of jail. He placed six men in
jail and waited to see if there was
any truth in the report. About 10
o'clock 60 or 70 men, some of them
masked, arrived at the court house.
Several representatives went to the
jail door and gemanded the keys.
Sheriff Douglass met them and re
fused to deliver them. He ordered
the men to leave at once or he would
have to kill Lhem. They withdrew.
from the door, but quite a number
came into the jail yard. The sheriff
then raised a window and ordered
them to leave or he would have to
fire on them. After consultation
they withdrew and the affair ended
without bloodshed. The men were
orderly and quiet, but seemed deter
mined.
Mother.
[Southern Farm Magazine for April.]
The secret of the sweetness and
light of the American home has been
respect and reverence for parents,
especially for the mother. These
were responsible for the conserva
tism of the South, which still per
sists and which makes much toward
the pure Americanism of that sec
tion. For revereoce for the mother
naturally develdops, through her, into
reverence for wife and sister and for
all women, not the gallantry shown
in dress parade g)reening and plum
ing, but the consistent conduct in
pblic and in private deeply rooted
in the conviction that the mother is
the real, dominant power for good
in society, and, therefore, worthy,
with all her fellows, of the most pro
found homage. She represents in
the highest degree the source of pa
rntal authority.
WYATT AIKENFOI CONGCE*S al
Something About Him and His Fitness For ri
The Position. W
[Anderson Daily Mail.]
Anderson, S. C., March 17, 1902.
Mr. Editor: Permit me through
the columns of your valuable paper i
to endorse the.candidacy of the Hon - m
:rable Wyatt Aiken for congress from
this, the third district, in the com- CE
ing democratic primary. Perpetuat- tb
ing as he does the good name of his .
illustrious father, illustrating also at
'hat faithful devotion to duty which
.haracterized his sire, he needs no ti
itroduction at my hands to the peo- li(
ple of this county. My only apology
ror attempting to point to his clean ni
record and his fitness for congres is
iional honors shall be that his own cc
songue, unlike that of the small po- in
itician of the day, disdains to pro- tb
31aim in bl,nt tones the lavish ax
paeans of self praise. All honor to w
iis modest, honest soul; for, scorn- sa
ng the petty deceits and the wiles as
)f the political mystic maze, he pre- st
[ers rather to make his race a race on VE
ssues than one appealing to the pas- fr
dions of partisans, to personal or vi
ereditary friendships, or to his own re
nagnetic, magnanimous personality. Ie
[ shall then not trangress upon his si
prerogative to present the issues so
ipon which he will wage his battle tr
.oyal but shall direct attention more
specially to his record as a private
nan. gr
He was reared on a farm in Abbe- be
ille (now Greenwood) county and
is a farmer was always successful.
Eis talents however called him into
i(.tber profession in which it was Ne
iis pleasure to remain in close, con
idential elbow-touch with his former
ellow-tillers of the soil. His deep
nterest in their- welfare was mani- to
ested at all times in a practical of
nanner so that none ever doubted his is
incerity nor ever questioned the gen- ri
iineness of his interest. For him cr
olitics had no charm, he sought no d
ersonal aggrandizement, he had no sp
lesire for political preferment, but 01
>y hiis merit he was called to -act as to
ficial court stenographer eighteen lit
rears ago and has since then filled tb
he position with honor and credit to tl
iimself and wjth eminent satisfac. ca
ion to the officials of the court and to tl
he public. His uniform courtesy to all, la
-egardless of caste or fortune, have ar
vcn for him, during the continuous to
tinerary of eighteen years, golden
pinions in the minds of hundreds cc
who will be delighted to honor him la
ith their ballots. The race for con
tress is not by any means of his own ty
hoosing, for he has heretofore re
jisted the urgent appeals made by
1s friends to allow the use of his C.
ume but the pressure became too tl
trong, its spontaneity became too
vident and he was swept into the 0
pace in spite of himself. Now that
2e has accepted the standard, he will cc
nake an aggressive race and a win- se
2mng race.
Not alone in private life has he cc
erved his country but true to his Al
eroic nature and patriotic soul he
volunteered in the Spanish war as a ty
private an3 shouldered his musket as A
member of Lie Abbeville military
3mpany, in which capacity he served ty
n the First S. C. V. I. Regiment one
month, when for meritorious services
ie was promoted to Battalion Adju- te
ant. During the whole of his ser
rice he was Acting Regimental Qnar. pI
Lermaster and it is worthy of note
bhat his accounts with the govern- ~
rent, involving over $100,000, tI
:hecked out to a cent. Here, as in si
every other capacity, he served with al
qual satisfaction to officers and men c
and 1:ere also he endeared himself to i
al with whom he came in contact r~
by his big-hearted generosity and i
thoughtfulness of the comfort of the a~
sick. I refer to this at risk of his dis- s]
pleasure, for I am aware as are those $
who witnessed and were the re 0
ipients of his knightly treatment, a
that it was his desire that his name
should not be known in connection
with his generous acts, but in his
own unostentatious way s
"He did good by stealtht
And blusbed to find it fame.'
Many a poor, sick soldier owes his
life to this benefactor for taking him e
from the hospial, sending him home c
his own expense and taking the
sk of securing his furlough after he
assafe at home.
He is especially a friend to the
>ung men of the district, he having
cured employment for a larger
imber of young men than any man
. this district, barring, of course,
embers of congress. This is a fact
>t generally known but one that
n easily be verified by a search of
e record. This is a splendid trib
e to his popularity and influence
d is mentioned merely to show the
fluence he would weild in our na
)nal-law making body. He is pub
spirited and looks with zealous
-ide upon the advancement of his
Ltive country. In his own town he
regarded as a safe, conservative
unsellor in the matter of internal
iprovements and it is by his efforts
at the cotton mill, water works
d telephone system of his town
Nre established upon a paying and
tisfactory basis. He is recognized
a prudent financier and as a close
adent of all economics. He is well
rsed in the great public questions
m a statistical and logical point of
w and with his quick mind and
ady tongue, with his knowledge of
gislative procedure and congres
>nal precedent, with his close as
ciation with the people of his dis
ict for the past eighteen years and
consequent- knowledge of their
eds he will make us a model con
essman and one that we need not
ashamed to continue in office.
V. B. C.
SPECIAL TERMS OF COURT.
Less Than Seven Have Now Been Or
lered-Newberry'i Request Withdrawn.
Columbia, March 25 -The cus
m of calling special and extra terms
court is growing. The complaint
made that the dockets in the va
)us counties are getting so badly
uwded that something has to be
ne to relieve the congestion. The
ecial terms of court offer excellent
sportunities for the various counties
get rid of the alleged piling up of
igation, and the only trouble is
at too often'the lawyers report that
ey are not ready to have their
ses tried, and in that way, while
e dockets look badly crowded, the
wyers allow nothing to be done,
d it only remains for the jadges
insist upon trials or dismissals.
The following special terms of
urt have been ordered within the
t few week:
General Sessions for Union coun
J. H. Hudson, special judge,
arch 31, for ten days.
Common Pleas for Barnwcell, W.
Benet, special judge, April 28, for
ree weeks.
General Sessions for Florence, R.
Prdy, special judge, March 31.
General Sessions for Laurens
unty, R. 0. Purdy, special judge,
cond Monday in April for ten days.
General Sessions for Greenville
unty, Jas. P. Carey, special judge,
pril 14, for two weeks.
Common Pleas for Newberry coun
, . F. Stevenson, special judge,
pril 21, for ten days.
Common Pleas for Kershaw coun
special judge to be named, first
onday in July for ten days.
This provides for seven extra
rms of the court, which the local
rs have deemed necessary and ex
adient.
The general assembly has never
ade any special appropriation for
e pay of the judges who hold these
>ecial terms of court, and they have
ways been regularly paid out of the
>ntingent fund. It will be seen
iat the special courts that have al
lady been ordered call for seventy
ne days, and one term is left open
Sto the number of days. The
>ecial judges are paid little enough,
10 a day, and so the special terms
court already ordered will cost at
bout 1,000 of the governor's con
gent fund and the prospect now
that other special terms of court
till be asked for.
There canr be no question that these
pecial terms of court give the coun
les the chance to relieve the conges
ton of litigation, but at the same
inte are of but little use if the judges
.r cost intly asked to continue
ases, even after special terms of
o-r e oardere to dispose of them.
SKETCE* UF A'ELHY LIFE,
Interesting Incidents of the Civil War lt-e
lated by IX. Con. Fed " A Member
of Third S. C. Regiment.
We spent the winter at Russelville,
Tenn., and such a winter it was. We
were nearly all barefooted and with
out sufficient clothing. Finally the
railroad from Virginia was repaired,
and we got fairly shod and clothed.
Here some more soldiers were shot.
We kept up our drilling and guard
duty. During the winter we took
one tramp. We went to Dandridge,
distant from Russellville about 30
miles. I was detailed to carry the
colors on this trip. In the early
spring we moved to New Market,
nearer Knoxville. We subsisted dur
ing the winter from the country. We
usually had meat plenty but bread.
was scarce. We finally moved back
to Bull's Gap and then back to Green
ville. Here we were paid off, and I
never saw as much gambling any
where. Then we took up the march
to Bristcl. Here our rations were
scant indeed and of the poorest qual
ity. The bread consisted of what
was called "Tax in Kind," wheat,
oats and chaff were ground up with
out bolting; we -were only given
three-quarters of a pound per day of
such stuff. I have sat down and eaten
what was issued for,three days at
one meal, and then depended on
what could be picked up. On this
trip some soldier stole from me about
15 los. of flour. At Bristol some of
the troops charged the commissary
house, and a few were shot, but the
boys got away with a good deal of
flour. We took the train at Bristol
for Lynchburg. It was about the
middle of April, but there were snow
showers all day. After spending a
day or two at Lynchburg we took
train for Charlottsville. Here we
quit the train and marched to Gor
donsville. Here were great religious
meetings--preaching every day and
night. The 3d regiment had less
preaching than any regiment that I
know of. While in Columbia Uncle
Dicky Woodruff preached some for us.
When we went to Virginia a Bap
tist minister of the Reedy River As
sociation was appointed chaplain;
he preached two or three times dur
ing the time he v. ss with us; his
greateAst employment was bringing
whiekoy for the officers; after that
our regiment had no chaplain and
we called it a good riddance; but
other regiments had line preachers,
but the Mississippi brigade had the
bet chaplains in the army; they lived
wit.h the privates, took the same fare
and preached at every opportunity.
At Gor~donsville an Episcopal preach
er was assigned to our brigade. He
went to read.ing his prayers, and at
the first amen the boys arose from
their knees and he soon learned to
preach and pray without the book of
prayer.
On the 5th of May we commenced
to march toward the Wilderness.
We stopped about 1 o'clock and went
into camp, but during the night we
were aroused and hurried to the front.
We were marching by flank down the
plank road, the 3d regiment in front,
when minnie balls came flying up
our lines. We were 'thrown across
the road, four companies on the left
and six on the right of tbe road. An
order came to move to the right; six
companies moved and four, did not;
we halted and was forming when
Lee's troops came pouring through
or lines; the Federals were at their
heels; they passed in the open space
where there were no troops. We
were not throngh adjusting our lines
when we were attacked on the left
flank. CJol. Nance had just told me
to get my men in line and passed to
the left when the federals opened
fire. Col. Nance was killed; I was
shot down, and a great many of our
boys were killed and wounded. Our
regiment was driven back and the
Federal.s advanced over me. A lieu
tenant stood with his sword and
would not let his men bort me. They
continued to advance, but our regi
ment had detained them long enough
to let Gen. Humphreys form his
brigade of Mississippi troops. Gen.
Hancock passed near me on horse
back. He bad a large pistol in his
riht hand. I tried to get a gun so
that I could shoot him, but thought I
better of it. In a. short time the
Federals commenced to run, and they i
were making good time. Gen. Hum
phrey came up with his brigade and
fired a solid volley over me which
covered me witb dirt and bark. I
raised up and called Gen. Humphrey
by name and told him the enemy
were running. He moved his brigade
up to me and asked how badly I was
hurt. I told him my leg was broken.
He examined my leg, got me two
sticks and helped me up but found I
could not walk; he called one of his
captains and told him to put me be- F
hind the largest tree he could find; 8
S
he (the captain) told me his name
was Capt. Cherry, of the 21st Missis.
sippi, bid me good bye, and then 1
Gen. Humphrey moved his troops
forward. My thigh was shattered
at the hip and my wrist was shot. I
asked a soldier to get me two guns, I
wanted to use them as crutches, but y
he was a skalker and would not come
t]
to me. An officer got me the guns
and helped me up, but I could not
use them. Two Mississippi boys
came along wounded in the arms. I
asked them to assist me to the rear; u
they helped me up but I could not
go with them. Finally two of the .
Mississippi ambulance corpse came
along, and when they found I had a b
first cousin in their regiment they t
carried me back so our ambulance t
corpse could get me. I was carried
V
back to Dr. Brown and forwarded by
him to Dr. James Evans.
I will give a short sketch of hos- e
pital life in my next sketch. c
X. CON. FED.
GIVES HIM A CHANCE.. 0
d
An Act of Clemency to Be Commended.
[Columbia Record, March 31st.] t
Last week the governor refused to
V<
issue a requisition on the governor
of Kentucky for the return to this .
State of a white man named Ashley,
who was wanted in Barnwell on the
s4
charge of breaking into the dispen
sary at that place. The man was a b
morphine fiend, and all the indica-b
tions were that he was making an
effort to reform and was succeeding
splendidly. Owing to this fact and
his previous good behavior, the gov- T
ernor concluded that it was best to
pardon him the offense and allow bim
a chance to make a man of himself.
Sheriff Creech, of Barnwell, wrotea
to the governor today, folly endors
ing his action in refusing to issue a
requisition on the charge, but stat- A
ig that he had another warrenrt for t
Ashley for horse stealing. Not t
withstanding this, the governor hasr
decided not to make requisition, be
cause, in the first place, the stolen
horse was returned to the owner, and,
second, because of a letter he had
received from Rev. William M. Bruce,l
of the rescue mission of Louisville,a
Ky. This gentleman has had Ash.
ley under his care, and he states that
he is just about to get out of the host
pital, where he has been for two A
months-; that he is a changed man
and realizes the distress that he has
brought upon his wife and family, tc
and is desirous of again making him
self useful to them. Mr. Bruce asksr
that the governor withdraw the warN
rant, for he believes that to bring
Ashley back now would not be to his
good. Mr. Bruce also promises to
secure him a position.y
In vie w of the fact that nothing
has been lost through the morphinic b
actions of Ashley, and in the hope1
that he may be reclaimed entirely, ~
the governor will not have him
brought back, but will give him a
chance to be a man. t
SENATOR JONEs BEATEN. 1
Head of Democratte Nationial CJommittee a
Defeated in His Own state.
Little Rock, Ark., March 31.-Re- s
turns from the Democratic primaries 0
held Saturday show that ex-Gov. b~
Clarke has been endorsed for United p
States Senator and that Gov. Davis a
has carried sixty five out of seventy- 14
five counties of the State. At the
headquarters of Senator Jones a tel- t
egraml was received this morning an- t
nouncing that Washington county,
which, it was supposed, would be
for Jones, had gone for Clarke by
narly 800 majority.t
NoR't inquire Into Suffrage,
40 CHANCE FOR ADOPrIwN OF THE
CRUMPACKER PLAN.
.an't Get the support-Republicans Wary
of the Proposition and Likely to Drop
the 4Whole Business-Ttn Days
Fixed as the Time for Report
of Resolution Have Passed.
Washington, April 1.-Notwith
tanding reports to the contrary,
here is a disposition among Repub
icans of the house to drop considera
ion of the resolution pending be
ore the house committee on rules
>roviding for the appointment of a
pecial committee to consider the
abject of suffrage in the South.
When the rules committee an
.ounced that the resolution had been
greed upon it was stated that the
ieasure would be reported within
0 days thereafter. The 10 days
ave expired and no resolution has
et come from the committee.
It was reported a day or two ago
at as soon as Representative Chas.
[. Grosvenor, of Ohio, who was then
i his home State, returned to Wash
igton the resolution would be taken
p. Gen. Grosvenor, who is now in
Vashington, is one of the most en
2usiastic supporters of the proposed
ivestigation among the Republicans,
at when questioned he was unable
) make any prediction as to when
ie matter is to be considered.
It is said that after a careful in
estigation of the situation the hand
11 of Republicans who ask consid
ration have discovered that they
%nnot get a Republican majority in
vor of the proposition and that
ey will, therefore, at the instance
E the speaker, allow the subject to
rop.
Representative Edward W. Pou,
E North Carolina, who introduced
ie resolution providing for an in
3stigation of the use of campaign
inds during the last two Congres
onal and Presidential elections,
tys that he will do everything to
^cure consideration of his measure
the Crumpacker prosposition is
rought up.'
NOW FOR THE STATE FAIR.
be Committee on Premiums and Purses
to Meet.
[The State, 2nd.]
The committees on prizes and
lards for the State fair will meet in
harleston Wednesday of next week
the call of the chairman, Col. R.
.Love, of Chester. This commit
e will make up the premium list for
e coming fair. The committee on
ces will also meet at that time, on
e call of the chairman, Mr. $. P.
amer, Jr., of Marion. Col. A. H.
Thite of Rock Hill, the president of
e ass->ciation, and Col. T. W. Hol
way of Pomaria, the secretary, will
so be there.
The members of the committee on
remium list are R. A. Love of Ches
r, T. J. Cunningham~ of Chester,
.T. Smythe of Charleston, J. G.
[obley of Fairfield, J. H. Wharton
ELaurens, D. F. Efird of Lexmg
m and C. F. Moore of Bennettsville.
he members of the committee on
ees are R. P. Hamer, Jr., C. F.
[oore, B. F. Williamson of Darling
n and A. T. Smythe of Charleston.
The fair was not a success last
ear. In 1900 it slas a great success
-financially and otherwise. A fair
iay be a financial success without
eing satisfactory in other ways. In
900 there were 20,000 visitors in
olumbia. Last year the attendance
as very much less. But on acccunt
E the hard times, and on account of
2e approaching exposition in Char
iston, there was not much money
pent in trying to have the fair a big
ccess. The purses for the races
!ere unusually heavy and cost the as
>iation all of the proceeds from the
ther departments. The legislature
as supplied this need, and has
laced $2,500 at the disposal of the
ssociation. This is regarded as a
>an and will be refunded.
In speaking of the prospects of
he fair, Col Holloway said yesterday
hat they propose to have a good
how and will have the people here
f Columbia will do her part and
alze genuine interest in the fair.