Historical Newspapers of South Carolina

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Awd ESTBLIHE cu E1tW5l So Co,R. ESTABLISHED 1865. NEBRY .C,FIAY, APRIL 18 102 TWICE A WEEK. $1.50 A YAPR JUDGE JI M CROSSONs AN IN rERE-TING LETTER FROM AN ANTI BELLUM LAWYER. Anecdotes and Interesting Incidents Re lated by a Newberrian of Over Half a Century Back. Mr. Editor:-"Youthful thoughts (especially in spring time) turn light ly to love," so do aged thoughts. I am thinking lovingly of 54 years ago. when on the 19th of April, 1848, the happiest event of my life occurred, viz.: My marriage to Miss Helen Maria James, at the home of her uncle, Judge O'Neall. "Time you thief! who love to get" "Sweets into your list put that on." (That I kissed Helen.) Our few surviving friends may know, that we are contented and rejoicing in good health. For 54 years, we have been trotting together in double harness. The road some times rocky-then Smooth-uphill -then down bill, and now on the desmending grade, yet neither have sulled, nor kicked over the traces. "Fond memory brings the light Of other days around me." At Frog Level, of the olden time, the leading trade was in whiskey "straight," but occasionally eleven of the aristocratically inclined, would step up and say "they'd take sugar in ther'n." A justice court scene at Frog Level: Court held in a room of Boozer's grocery. That most excel lent man and officer, Samuel Bowers, presiding justice. Juvenile Jim Cros son associate; Col. John H. Stock man, tall and pugnacious, plaintiff; a woman, defendant; Wade Harman "Hoxie Lowar;" somes, interest; a jur) of good and awful men; .ase iried; decided, how I know not now; case over, I saw good old Squire Bowers meandering home; had got a hint and left re with the bag to hold. The jury, one by one de man.ded of me their jury fees. Re fusing, they intimated to me, pay or af thrashing. Seeing my dilemma, I put on a jolly good humor and in ~$- vited everybody to "licker;" all "liekered," and while the bottles were going "gluggity, gluggity," "glug, glug," I quietly asked Boozer to get my horse, and while the '-fun was fast and furious" I escaped. When I was some 150 yards off, riding like John Gilpin, they discov ered my retreat, and vociferated. Afterwards some of them (my good frien,ds) told me laughingly that they had intended putting me through a course of "sprouts." I am glad to know that the town of Prosperity, named after the old Seceder Church near by, where my .grandfather and grandmother and grandancle -(Spences) are turied, well dererves it namel. A good change from Frog Level. Crim's creek was a dangerous -stream to crop in higb water. Peter Dickert, a parti and guiltless man, a justice from time immemorial, lived on the hill beyond it, on the Colum bia road. It was told of hiw, that seeing a fellow crossing the creek during high water, leading a horse, the good old man had a warrauit issued for him, charging "that he was sus pected of being a su.spicious person." On reaching the top of the hill, the gent was arrestea, and before he could be released, a crowd came up charging him with horse stealing and that he had with him the stolen horse. While technicality in the proceeding was wanting, the old justice's act turned out to be pretty good "horse sense." Ah! why has Dickertsville, the land of heroes, the Dickertsville militia, the kind and gentle O'Farrel, the presiding genius, with his dispen sary, been left "unwept, unhonored and unsung." Oh! the ingratitude of these degenerated days. The Dickertsville company of militia, was giander, more picturesque and ridi culous, than even Capt. Clodpole's company in the "Georgia Scenes." Among its heroes was one Morgan, not "Johnny Morgan that played the organ," but Morgan from North -Carolina. He was charged before me with stealing a bale of cotton; he had been voting, overseeing and mustering. I never heard that he ha been promoted to corporal in that fine company. I concluded that he was a mongrel and proceeded to try him under the then negro law, and a jury was duly empanneled, when that talented young lawyer, John C. Higgins, procured a writ of "rouster" restraining us from further procedure, until the Circuit court should pass on the case. He proved his client's voting, mustering, over seeing and his passing as a white man. I proved the black stripe up and down his back like a mule, etc. Dr. John N. Herndon (not then practicing) one of (ie most intelli gent, educated and high-toned of the 3itizens of Newberry, was foreman of the jury. Higgins argued his case well, but in his excitement would occasionally refer to his man as "this boy," and I used it against him. The jury took Morgan in the jury room and examined his cuticle, etc., he being in "puris naturalibus." They pronounced him a mongrel and ander the then law he had to flee the State. What further became of him I knQw not. This is the only case of the kind I ever knew of. The first case I had after moving to Polk county, Texas, was for J. A. Feeker, a Newberry man; he was Bnergetic a- i-adustrious but pugnacious. was tried for assault and battery. I acquitted him and had his opponent bound over for aggravated assault and battery. Shortly after the war I was dis trict attorney, and before the villain us reconstructionists turned me out. found the case on the docket and Bntered a nol pros, telling the judge, I knew all about the case and that we had the wrong ball by the bcrn!, that it was Feeker that should have been indicted. He is now dead. His wiVa was a Miss Graham, an ex Dellent lady. They left an energetic family-good business men and women. ' He must have been from the Ruff neighborhood as he belonged to the cavalry troop that mustered there-so did I. I regretted tbis fall that I missed by an hour, seeing Clarence Hunter, the son of Nathan A. Hunter. I heard that he was doing well ini his busi ness. In the great fire in Newberry, in 1835, (I see no mention of this ire in the Annals,) the fire was burning the two-story portion .at the ed of the old Fernandes hotel, Nathan A. Hunter, and the other, I think, was Philip Schumpert, sus pended by ropes across the roof of the house, stay td the progress of the fire, it surging over them in lurid flames. But heroes ini civil life are lost in the glare of military glory. Their act required more nerve and daring thani charging a battery. From the hotel to my mother's house and across the Main street the fire swept everything. There were two Scotch Irish fami lie'-Reds and Tolbirds from Coun ty Antrim, Ireland, who settled in the eastern part of Newherry (no mention of them in the Annals.) The Boyds, Spences and Crossons all came fro~m the same county. The five families, were either Covenant ers, Scotch Secession, or Presbyterian. Robert Tolbird sold his plantation to Richard Sondley. Nancy Ann (Red) Tolbird had seven brothers, one of whom was Samuel J. Red, and doubt less, George, the father of Judge David Red, late of Texas, and James Red, the grandfat her of R. P. Cromer, near Reuben posioffice, New berry, were also brothers. John R. Tolbird, of Aix postoffice, Green wood county, says of his grand mother, the said Nancy Ann, that she made it unlawful to whistle, cut sticks or eat hot food on the sabbath --so was it with all of them. In thase latter days, I fear the 4th command ment is greatly neglected. Tney were an intelligent, canny people, God loving and God fearing. They had so inter-married that they were all of kin. If any one knows the names of the ancestors of the Reds or Tolbirds, I would be glad to hear from them. John Nes1ey was an inoffensive fellow, he kept a murder shop (soul murder) alias a saloon, and late one night some of the mischievous boy~ (I think Oscar Black was leader; pretended to be enraged with John ht off a pistol over his head. JohD bolted for my offiue, yelling, "M dam, I holler for de peace, Squir( Crosson, my dam life is sweet. I holler for de peace." The boyi caught, laughed at and quieted him I met his father-in law, Baker, E simple hearted Dane, near the Blael Jack, and asking for his family, h( said: "My danter is ick (sick), hei blood is not din (thin) like odei tolks blood, it is dick (thick) lik( dar (tar.) He as well as John wa. a good, honest old soul. Now let us go down to Domi nick's store, near Little Mountair (I think it was Fred's.) On a time a magnificent specimen of physica manhood, with a heart as big as hi, body, viz.: William, commonly callec Bill Shealy, was there. As usual w were playing whist on the head of f whiskey barrel. Shealy and I wer( partners, not liking my play, he sung out, "Grosson you d-d little lawyei vy don't you blay de drumps." Good kind hearted, generous old man, ] suppose he has long since crosse' over the great "divide." Good 6ld lady Blats, furnished i remark, I have often used to m3 children and grandchildren, whei they were too full of mischief; Billi( Blats was a mischievous little fellow and the old lady would often sing out, "You Peely Blats what makei you pe so bad." For ten years I have lived in th4 far West, where 20 years ago, tho Apaches roamed. Here are somi court scenes from still farther West Justices Court in session. Plain tiff's attorney moved for continuanci on account of absence of a materia wituess; what witness would testify stated defendant's attorney con tested, saying he had talked witt witness and witness said he wouli testify to the opposite of what wai stated in motion. Plaintiff's attor ney came back at him and said h also had talked with witness and h( would testify as stated in the motion The court asked plaintiff's attorne3 if he was right certain that the wit ness had made the statement set forth in the motion. Plaintiff statei that he was. Court asked defen dant's attorney was he certain tha he was not mistaken as to what wit ness had stated to him. He repliet he was not mistaken. Court ther said he would not continue the cas for want of the testimony of such d-d witness; that he would certain ly swear to a d-d lie for one of them Attorney for, plaintiff asserted proposition of law, defendant's at torney denied. They read muei law, finally, while the attorneys wer: .wrangling, the Court said: "Yoi d-d fellows let up on that. I] settle this matter, and pulling out silver dollar from his pocket, leane< over the table and said, 'heads fo Tayloe, tails for Halbut'; thre three times, heads came up twice Court then said, go ahead TayloE you're right, the dollar says she' your'n. I don't know a G-d d thing about what the law of the mat ter is." The court room was crowded; thre men were standing in the doorwa with their hats on, the Court said t them: "You three d-d fellows stand ing in the door pull off them hati I fine yo' each $1 for contempt C this court;" they pulled off their hal and smiled. The court then said t them, "none of your G-d d-d gig gling you bet your bottom dolla she's goiog to stick.'' Your man Tiliman resented bein called a liar in a body of gentlemei This reminds me of that glorious ol gentleman, Judge Butler, whoi assessing punishment on a man coi victed of assault and battery said, his opponent had called him a liar that was,the first blow, bnt the law d not say so, and be would only fl the defendant $1, remarking he r gretted to do tbat. J. M. Crosson. Belinger, Texas. Captured Baby whale (Special to The State.] Beaufort, April 14.-Anoth baby whale was seen in the vicini of Bay Point a few days ago. Ti largest of six captured a few wee magoi said to have measured 24 fel rWAR DEPARTYLENT IS FORCED TO ACT. Wholv4*!e Court i,rtlal of Officers Ordered For 11.rb:aron1 Conduct-Charge of 'Water Cnre' Torture First Made in f he atate," Adimitted to be Trne -Gen. Smith to be Tried For His Ordet to "Kill." Washington, April 15.-As a re sult of the consideration by the cab inet today of the charges of cruel treatment of Filipinos by United States soldiers, Secretary Root has made public the following corres pondence: War Department, Washington, April 15, 1902. My Dear Senator: I beg to ac knowledge the receipt of your copy of the testimony of Sergt. Chas. S. Rily and private William Lewis Smith, late of the Twenty-sixth in fantry, taken before your committee yesterday. I enclose a copy of a dis patch which has been sent today to Maj. Gen. Chaffee, commanding the division of the Philippines. Direc tions have been given to the judge advocate general of the army to take proper steps in accordance with the dispatch. The war department will be glad to receive the earliest possible infor mation of any further evidence which may be elicited by the com mittee, tending to fix responsibility upon any one in the military service of the United States for any viola tion of the laws of war or of the reg ulations and orders governing the operations of the army of the United States in the field. Very respectfully, Elihu Root, Secretary of War. Hon. H. C. Lodge, United Statei Senate, Washington, D. C. THF ORDERS CABLED. War Department, Washington, April 15, 1902. Memorandum for the adjutani general: Cablegram for Gen. Chaffee at follows: On Feb. 19th a letter was sent you enclosing for investigation, eopy o charges made by Gov. Gardener o: Tayabas province, which 'containe( I general allegations of erelties prac ticed by troops on natives, and gen erally of an insolent and brutal atti tude of the army towards natives. SOn April 2d a cablegram was sent you urging action with all speed con sistent with thorough and searching investigation. On the 4th of March a cabl4 dispatch was sent you directing dis ciplinary measures to produce obe dience to the president's instructions, subordinating military officers ti civil government in pacified pro vinces, and instructing you to relievt Maj. Edwin F. Glenn and Capt James A. Ryan from duty and orde them to Manila to await investiga *tion into their conduct, in accord ance with instructions to follow b; mail. On the 24th of March instruction were mailed you containing state ment of charges against those offic ers and Gen. Jacob H. Smith as th t,asis of the investigation ordered b the cable of March 4th. Further instructions in both mal ters are required by the followin fact: KILL ALL OVER TEN YEARS. .Press dispatches state that upo r, the trial of Maj. Waller, of the me rine corps, testimony was given b Waller, corroborated by other wil nesses, that G-en. Jacob H. Smit instructed him to kill and burn; the i the more he killed and burned ti . better pleased G-en. Smith would bt i that it was no time to take prisoneri - and that when Maj. Wailer aske Gen. Smith to define the age lim ie for killing, he replied "everythit over ten." If such testimony was given, at the facts can be established, you wi place G-en. Smith on trial by cour martial. Yesterday before the senate cot mittee on Philippine affairs Serg Charles E. iley and Private WVr er Lewis Sm;ith of the Twenty-six volunteer iufant.-y testified t at ti 2e form of torture known as the "wat ks cure" was adiisitered to pre Iloilo province, Island of -anay, ,y detachment of Eighteen United States infantry under command of Lieut. Arthur L. Conger, ucder or ders of Maj. F. Glenn, then captain Twenty fifth infantry, and that Cap tain and Assistant Surgeon Palmer Lyon, at that time a contract sur geon, was present to assist them. The officers named, or such of t hem as are found to be responsible for the act, will be tried therefor by courtmartial. Conger and Lyon are from this country. WENT OVER EOR TRIAL. Both the Twenty-sixth volunteer infantry and Eighteenth infantry having returned to the United States and most of the witnesses being pre sumptively here, the secretary of' war directs that Maj E. F. Glenn, Twenty fifth infantry, be directed to proceed to San Francisco and re port to the general commanding the department of California with a view to his trial by courtmartial under charges alieging the cruelties prac ticed by him upon a native of the Philippine islands at Igbarras on the 27th of June, 1900. If you can discover any witnesses still in the service of the Philippine islands who can testify in support of the charges, or if Maj. Glenn desires the atten tion of any persons now serving in the islands as witnesses for the de fense, you will direct them to pro ceed to San Francisco for that pur pose. As the two years allowed for the prosecution by the statute of limitations is nearly at an end no time is to be lost. You will take such course in advancing or post poning the investigations previously ordered into the conduct of Gen. Smith and Maj. Glenn as shall be required to enable you to execute these instructions. It is belioved that the violations of law and humanity, of which these cases, if true, are examples, will prove to be, few and occasional and not to characterize the conduct of the army generally in the Philippines; but the fact that any such acts of cruelty and barbarity appear to have been done indicates the necessity of a most thorough, searching and ex haustive investigation under the gen eral charges preferred by Gov. Gard ener and you will spare no effort, in the investigation already ordered under those .harges, to uncover every such case which may have oc crred and bring the off ended to justice. PRESIDENT WON'T sTAND FOR IT. The president desires to know in the fullest arid most circumstantial manner all the facts, nothing being concealed, and no man being.for any reason favored or shielded. For the very reason that the president in rtends to back up the army .in the heartiest fashioo in every lawful and legitimate method of doing its work, Vhe also intends to see that the most rigorous care is exercised to detect and prevent any cruelty or brutality and that.men who are guilty thereof are punished. Great as the provocation ehas been in dealing with foes who habitually resort to treachery, mur der and torture against our men, nothing can justify or will be held to Sjustify the use of torture or inhuman conduct of any kind on the part of the American army. Elihu Root, Secretary of War. YCALL FOR STATE CONVENrION. hHow to Proceed With the R.organttionl of the Dem,ocratic Party-Conden sed InformaStion. Secretary Gunter of the State Democratic executive committee has dsent to the several county chairmen itthe following official call for the May gState Convention: Dear Sir: Your attention is re dspetfully called to the following 11resolutions adopted at a meeting of ~.the State Democratic executive cow mittee of April 4, 1902, and you are Searnestly requested to see that the Sterms of the resolutions are carried out in your county: Resolved, first, That in accord ieance with section 4 of the constitu Stion of the Democratic party oj SSouth Carolina, a State convention i. u,heeb called to take place at 1V O'COCK ID., may .imt, IV, U city of Columbia. Resolved, second, County chair men throughout the State are hereby instruc'ed to call the Democratic clubs of the various counties to as semble on Saturday, April 26tb, for the purpose of reorganizing and electing delegates to the county con vention to be held on May 5th in ac cordance with article 2 of the consti tution of the Democratic party of South Carolina. The county conven tions when so assembled will elect delegates to the State convention, and each county will be entitled to double its repres3ntation in the leg islature in that convention and to, elect a county chairman and a mem ber of the State Democratic execu tive committee. Respectfully, Wilie Jones, Chairman. U. X. Gpnter, Jr., Secretary. For the benetit of the Democrats in the several conuties the secretary of the committee has prepared and is sending out the following: To the Democratsof South Carolina: For the benefit of the Democratic voters in reorganizing the Democratic party this year, the following infor mation is given: The State Democratic executive commitee has instructed the county chairmen to issue a call for a meet ing of the respective township and ward clubs to be held on the fourth Saturday in April. When convened these clubs shall each have a distinct title, "The- Democratic club," and shall elect a president, one or more vice presidents, a recording and a corresponding secretary, and shall have the following working commit tees of not less than three members each: A committee on registration an executive committee and such other committees as may be deemed expedient. Each. club shall elect a member of the county executive com mittee, under the control of which the clubs shall be held together and operate. The county executive con mtttee shall elect its o" n officers, ex cept the chairman, who shall be elected by the convention. These oficers need not necessarily be mem bers of the committee. The clubs hall elect delegates to the county convention -one delegate for each 25 members and one delegate for a majority fraction thereof. The county convention, when as sembled, shall be called to order by the chairman of the executive com mittee, and the county convention shall proceed to nominate and elect from among its members a president, one or more vice presidents, a secret ary and a treasurer, and shall be held on the first Monday in May. The county convention shall elect delegates to the State convention, each ccunty being entitled to double the number of delegates as it has members of the general assembly. The State convention has been called to meet on the third Wednesday in May in the city of Columbia at 12 m. Each county convention must, at the meeting on the first Monday in May, elect a member of the State Democratic executive committee. Each county delegation to a State convention shall have power to fill any vacancy therein. The State convention shall be called to order by the chairman of the State Demo cratic executive committee. A tem porary chairman shall be elected -by the convention,, and h en organized shall elect a president, vice president from each congressional district, two secretaries and a treasurer. U. X. Gunter, Jr., Secretary. A VALUABLE MEDICINE For Coughs and Cold4.in Children. " have not the slightest hesitancy ir: recommeding Chamberlain's Cough Remedy to all who are sufiering fror cou bs or cold s," says Chas. M. Cramer Esq. a well known watch maker, o Colombo, Ceylon. "It has been som( two years since the City Dispensarj first ~called my attention to this valua ble medicine and I have repeatedl3 used it and it has always been bene ficial. It has cured me quickly of al -chest colds. It is especially etfectivi for children and seldom takes more than one hottle to cure them of hoarse nos I have persuaded many to tr: this valuable mnedicine, and they are al as well pleased as myself over the re ut." For sle by W. E. Pelham 2 VIEWS ON LOOKOUT THINKS MILL OFFIIALS ARE LIABLE FOR CONSPIRACY. In Criminal .nd Civil Courts--Says Mill Have Combined to Coerce Their Oper ativeoto Coerce the Angasta strikurs. [The State 16th.] The lockout of the operatives in certain South Carolina wills and in Augusta as a means of forcing the strikers in the King mill of Augusta to return to work, has aroused much interest. Solicitor Thurmond on being appealed to by some of the operatives locked out has made the following response which he furnish es to The State for publication. My opinion on the lockout is this: The legal doctrine applicable to employers is well settled by judicial decisions and the best authority. "The relation of employer and em ploye justifies acts that are the na tural incident or outgrowth of such relation, whether or not done with a direct intent to injure the employ er or the employe." What caused the lockout in Horse Creek valley? A strike by the oper - atives at the John P. King mill in Augusta for a ten (10 per cent.) in crease in wages. So the lockout is not due to any act or acts that a'e the natural in cidents and outgrowth of the relation existing between the mills in Horse Creek valley and the operatives, but to the contrary, the operatives are performing their part of the con tract with the mills, well and satis factorily. So the lockout did not arise out of the relation of employer and employe by any act or acts on the part of the employe. The mills are trying to coerce their operatives, to coerce the operatives of the John P. King mill to return to their work at the former rate of wages, and for this purpose hav(, combined and conspired against the operatives of their own mills, to injure them in order to benefit thie John P. King mill. Now, what is the law ? Go back to the doctrine I have already an ounced and see what the highest tribunals in this country and En gland say about it. They say "The injurious act or acts of the em ploye'mast be for his a wn benefit and for the advantage of his own bus iess," if they aim at anything else th'ey are unlawful. The employers of Horse Creek val ley are liable on the criminal side of the court for criminal conspiracy. They have induced those people to go there to work at a certain price, the operatives are doing their duty, and in order to make an exhibition of their great strength and power, which were given them by the hon est labor of these same operatives, the mills have turned whole families out of the mills with no means of support. A conspiracy is a combination of two or more persons to do an unlaw ful act or to do a lawful act in an unlawful way. It has been repeat edly held and it is sound law, that a conspiracy to deprive another of his liberty or property is a criminal conspiracy; and it has also been held, and the doctrine is universally ac cepted, thatproperty includes bus iness, calling, etc. Hence a conspi racy to deprive those operatives of their business, their vocation, is an unlawful conspiracy, and every man oncerned in it is guilty of a crime. In my opinion on the civil side of the court, the mills in that conspi racy may be enjoined from a con tinuance of that lockout. The legislature has been very kind to cotton mills, and has granted them many favors, but it will cer tainly resent such unlawful, inhu man treatment to the citizenship of of this State, as the operatives of Horse Creek valley are now subjec A Nearly Fatal Runaway Started a horrible ulcer on the leg of . B Orner, Franklin Grove, Ill., which d efied doctors and all remedies for four ears. Then Bucklen's Arnica Salve 1 cured him. Just as good for Boils, B urns. Bruises, Cuts. Corns. Scalds, a Sk in Eruptions and Piles. 25c. at all r uggists.