Historical Newspapers of South Carolina

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Women no longer bind their feet in China; the custom has been transferred to America. One of the tragedies of life is the murder of a beautiful theory by a brutal gang of facts. VOLUME 21; .NUMBER 31. By The Way * by, Jborij SanderJ STRAIGHT TALK It is becoming more and more evident that the most dangerous threat to our American way of life, as v’e have known it for many years, lies in the marbled halls of the Supreme Court build ing in Washington, D. C. Think ing Americans are aware of this danger. Hon. Augustine T. Smy- the, Sr., speaking to the recent annual meeting of the South Ca rolina State Chamber of Com merce, elaborated on the recent actions of the Court, most parti cularly in the field of States Rights. He asked “What are the causes lying behind this extraordinary and continued misbehavior on the part of what used to be a court the greatness, moderation, consis tency, learning, and dignity of which was one of our chief boasts? Is there in the minds of the justices a deliberate determin ation to destroy once and for all the principle of States Rights, which has always been acknow ledged to be one of the essential elements of the safety and perpe tuation of our government? Have the justices become so confused by the incessant babble of the lib erals, do-gooders, theorists and egg-heads, who sound off so voci ferously on all occasions, and well nigh deafen us with their clamor ? Have they, fortified by obstinancy and stubborn pride of opinion which forbids any modification of what has been written, closed their ears and minds to any ar gument, so that addressing the court is nothing more than a heartbreaking futility ? ... Of one thing we can be sure. We can expect no improvement from within the court itself, for this has been demonstrated time after time . . . The only reasonable basis for hope of relief is action by the Congress to limit the pow er of the President to appoint justices of the Supreme Court.. Another man who is greatly disturbed by the Court, as well as by the continuing trend to social ism in what was once a freedom- loving land of free enterprise, is Tom Anderson, editor of Farm and Ranch magazine. I know of no one who can express the situa tion more lucidly than Mr. And erson, and I strongly recommend that you read his rece»t editorial which appeared in the December issue of his magazine, and which will be found reprinted elsewhere in this issue of the Sunpaper. FOR SHAME! Shame on you, Mr. Eleazer of the Clemson College Extension Service. I notice in one of your recent news releases you went by “old Chappells” recently. You say “Now the old town is dead. Not a store is open there. The wood ones have gone into dust, and the brick ones are forlorn fights, vine covered, with gaping windows. And bushes and briers grow about. This was caused by the highway moving back a block when the new bridge was built years ago. And the four remain ing businesses of town are now combination filling stations up there a few blocks where the road crosses another one.” I won’t deny what you say is true, but I sort of resent the im plication that “Chappells is no more.” I wish that my good friends there would invite you to one of their community club meetings, to one of their delicious barbecue suppers, and would show you the work they have accom plished. A fine community -- not a dead one — working together. This Mr. Eleazer, is one of the things we do not see enough of these days. If you could see how the citizens of Chappells work to gether and play together, you would not call Chappells a “dead town.” Perhaps there are no large enterprising business establish ments, but the folks there are the finest you will find, even with all of your travels about the state and the nation. Next time, don’t just “go by.” Stop and talk to the people there — go up and see what they have done with the abandon ed schoolhouse in making a com munity center — see how much they enjoy it. Then you’ll change your mind about Chappells being dead. A few run-down abandoned buildings do not change the char acter of a community, as you would find if you were to spend a little while there. BRONZE DERBY We notice from a release sent from Newberry College that this will be the 11th anniversary of Bronze Derby rivalry — Thursday, when Newberry and Presbyterian College meet on the gridron be fore what is expected to be a sell out crowd. This should be an in teresting game. P. C. has had its ups and downs this year; New berry mostly its “ups,” despite its “downs” -- trie many injuries suffered by the Indians. Newberry has been defeated three times this year, all by North Carolina teams Catawba, Lenior Rhyne and Elon, the latter having been lost by a severe case of fumbilitis on the part of the Redskin’s. I feel that Newberry should win that game Thanksgiving Day -- but this is one about like the Clemson-Caro- lina affair and I wouldn’t want to bet either way. A win for New berry would mean the Little Three Championship -- but then it would mean the same to P. C., so both teams will be after the title as well as the Bronze Derby. COACHES SPEAK I was glad to read, in Jim And erson’s sport column in the Green ville News recently, that at least one large school has stopped buy ing — I believe “recruiting” is the polite word—football players. Jim’s article concerned Carl Snavely, former coach at the Uni versity of North Carolina, who is now coaching at Washington Uni versity at St. Louis, Mo. Excerpts from the column: “But Snavely is through and done with ‘pressure’ coaching sub sidized players and hangings in effigy. Now he enjoys the life as head coach of a university having 13,000 students — but not one on football scholarship. “‘Every man on our squad plays football for the love of playing, the coach pointed out. ‘They have the same desire and will to win of players on big college teams I have seen.’ “W r ith no recruiting Snavely doesn’t know until the first prac tice on September 1 who will re port — if anybody. Only thing re ceived by the football player is a free noon meal prior to the start of classes. “Snavely likes football-for-fun, however. He believes the time will come when many more colleges return to non-subsidized athletics. ‘They are going to get their fill of today’s wrongs.’ ” P. 0. Be Closed Thanksgiving There will be no city or rural mail deliveries on Thursday due to the Thanksgiving holiday, accord ing to Postmaster Harry E. Moose. Outgoing mail will be dispatch ed and incoming mail will be worked to the boxes. ~BlRTHDAY GREETINGS Nov. 30: Patsy Ruth Morris, Mrs. Marion Wiggins, S. C. Camp bell, Ella Rae Kyzer, Alice Melva Shealy, L. B. Davis, Virginia Duf- ford, Kenny Davis, David Park, ICnoble K. Terrell, C. Eugene Hah- mon. Dec.l: H. J. Looney, Jr., Mrs. Joe Koon and daughter, Mary Pinner Koon, Frank Stewart, Tommy Tolbert, Mrs. Lindsay Koon, Mrs. Gerald C. O’Quinn, Mrs. J. C. Pitts, Mrs. Mary Nell Boozer^ Trudy Tood, Mrs. Bill Boozer, Billy Caldwell, Dawn Dic- kert, Mrs. Ralph Whitaker. Dec. 2: James Evans, Fred Rodelsperger, Clarence S. Hazel, Dave Hayes, Aubrey Harley, Rhoda Mills, Rosa Kilgore Tar rant, Frank Wilson, James M. Longshore, Walter Pitts, Herman Glymph, 'Becky Lynn Andrews. Dec. 3: Mrs. Bob Molden, Lewis Shealy, Gerald Richardson, F. M. Schumpert, Mrs. J. W. Lom- inick, Broadus Lipscomb, Denny Eargle, Lunell Ruff, E. Dusty Westwood, Buddy Kinard. Dec. 4: Tom M. Fellers, Mrs. Guy Bowers, Faye McCullough, Patricia Kelly, Andy Price, Mrs. A. D. Martin, Mrs. J. E. Kinard, Sandra Amick, J. Ed McConnell, Mrs. B. W. Bedenbaugh. Dec. 5: Will Reid, Jr., L. D. Nichols, Mary Jean Boinest, Anne Ringer, Mrs. W. D. Shealy, Mrs. Lula T. Boinest, Terry Shaver, Blanche Glymph, Lucille Glymph, Kibler Bowers, O. S. Goree, Stu art Whitener. Dec. 6: Earl Bigby, Mrs. Char les Ragland, Rickie O. Chapman, Miss Emily Newberry, Prof. Scott Elliot, Mrs. Charles Cromer, Bill Scurry, Betty May Eargle, Mr. R. T. Feagle, Mary W. Pope, Man ning Dukes, Robert Shealy, Jr., R. Brice Waters. NEWBERRY, SOUTH CAROLINA, THURSDAY, NOVEMBER 27, 1958 + $2.00 PER YEAR • *> v ..'XT V v-: |£ig£ M Judge Denies Change of Venue; Orders Swindler Trial Tuesday Those of us at the Sunoffice wish for you a happy holiday weekend. We trust that you are blessed with an abundance of those things which are closest to your heart. We join with the little girl above in expressing appreciation for not only the mater ial things of which we are possessed, but for the many friendships and associations which make our everyday lives so pleasant. (Sun- phofo by Doris A. Sanders.) Thanksgiving Union Service At A.R.P. Church Thursday Jury Recommends Salary Raise For Sheriff Dept. The principal* recommendation of interest made in the Newberry County Gramf Jury’s presentment Monday during General Sessions court was that the Sheriff, his de puties, the jailer and assistant jailer be given a ten percent raise in salaries, and that the job of superintendent of county buildings not be filled but that the Sheriff’s office take responsibility, for that work. The committee on county offi cials found all operating “effi ciently and comparatively smooth ly.” The committee on schools found most buildings in nbout the same condition as on their pre vious inspection, and again re commended replacement for the Speers, Boundary and Junior High buildings. They commended teach ers for “the work they are doing with limited equipment available and prevailing conditions of Class rooms in which they have to work.’ The annual Union Thanksgiv ing Service for the six churches in the midtown area of Newberry will be held on Thursday morning at ten o’clock, in the Associate Re* formed Presbyterian Church. The Thanksgiving message will be de livered by the Reverend Kenneth B. Wilson, pastor of the First Baptist Church. The Rev. Melvin E. Derrick, pastor of Central Me thodist Church, will offer the pray er of thanksgiving. The participating churches are: The Associate Reformed Presby terian, Aveleigh Presbyterian, The first Baptist Church, Central Methodist Church, The Lutheran Church of the Redeemer and St. Council Meets At a meeting of the Interservice Council held Monday night at the Wiseman Hotel, no action was ta ken either on adoption of a Con stitution for the Council or for a United Fund drive next year, ac cording to D. P. Folk, chairman. The group set another meeting for February 1959 to discuss these matters. Luke’s Episcopal Church. The pastor of the host church, Rev. Paul L. Grier, extends to the people of Newberry a cordial in vitation to this service. “Whatever else the observance of this day may include,” Rev. Grier stated, “it is most appro priate that Christian people should spend an hour in such a service as this is to be. This is es pecially true during the present year when our nation and our community have been so signally blessed. The blessing’s of God’s grace have been abundantly be stowed; there has been peace within our borders; in our maiter- ial resources, we have enjoyed an abundant yield.” Rev. Grier pointed out that the service will be concluded in ample time for a Thanksgiving dinner with family or friends and for whatever activities may have been planned for the afternoon. Those desiring to bring an of fering which is designated for a denominational cause may do so. The undesignated offering will be divided equally among the parti cipating churches. Highway Cases On Civil Docket State Highway Department condemnation cases again head the list of cases to be tried in the Court of Common Pleas which convenes here next Monday. In the first seven cases schedul ed for the term, the S. C. State Highway Department is plaintiff. Defendants are Mrs. S. E. Shan non, S. N. Crayne, Ruth J. Amis, Arthur J. Livingston, et al, T. B. Amis, Yoder L. Addy, et al, and Loamma Ruff. The remaining case ^s that of T. J. Gribble, plaintiff versus J. P. Scott, defendant. Christmas Club Checks In Mail Citizens who have practiced thrift during the year are seeing the result of their savings, as Christmas Club checks are mailed by various banks in the county. The Bank of Comerce, Pros perity, has already posted its checks to club members. On Friday, November 28, the Newberry and Joanna branches of. the Newberry County Bank will deposit in post offices checks ex ceeding $225,000. The South Carolina National Bank will be last to send savers their Christmas money. These will be mailed on Saturday, Nov. 29. Christmas clubs at all institu tions for 1959 will be opened on December first. Guilty Pleas Taken In Court Five guilty pleas were heard during the Monday session of criminal court at which Judge Thomas P. Bussey of Charleston is presiding. Billy Joe Jones, charged with housebreaking and larceny, -was sentenced to two years, on service of 90 days placed on probation for three years. John Boyd, drunken driving, se cond offense, was sentenced to serve 60 days or, payment of $200 to be placed on pi-obation for three years. Thomas Gladden, second offense drunken driving, sentenced to 60 days or payment of $200, placed on probation three years. William T. Dallas, drunken driv ing, sentenced to 60 days, on pay ment of $200, probation for three years. Firemen Sunday At Aveleigh Sunday, November 30, will be observed as “Firemen’s Sunday” and members of the local fire de partment will attend worship ser vices, in a group, at Aveleigh Presbyterian Church on that day, according to Dr. N. E. Truesdell, pastor of the church and Chaplain of the Fire Department. The firemen will be recognized | during the service.' The pastor’s subject will be “The Consuming | Fire.” Sister Of Local Man Succumbs Mrs. Pearl Gregory Griffin, 65, of Route 3, Honea Path, died at her home Monday following a longillness. She was a sister of Andrew Gregory of Newberry. Surviving are her husband, six' daughters, three sons, four sisters, 20 grandchildren and one great grandchild. Funeral services were conducted Wednesday at 3 P. M. at Prince ton Baptist Church. Library To Close Thanksgiving The Newberry-Saluda Regional Library will be closed for Thanks giving Day. Calvin Crozier Dutch Supper The Calvin Crozier Chapter of the UDC will have its Dutch Christmas Supper at the Wallace Home on Tuesday, December 2nd at 7:30 p. m. Tom Anderson Writes To “Lifers” On United States Supreme Court A jury for the Swindler mur der trial was completed just prior to press time Tuesday afternoon. Serving are Rob ert Bruner, foreman; Mal colm L. Kibler, W. R. Reid, D. L. Wedaman, Jr., James L. Taylor, J. Carroll Ringer, Milton F. Boland, L. L. Koon, Earl Wood, Otis L. Whitaker, B. Edwin Wicker and W. C. Swittenberg. Twenty-six jurors were called before the panel was completed. One was excused by the Judge because of age; nine were excused by the de fense, four by the state. All of the challenges were per emptory, none for cause. Of the 26 prospective jurors questioned, not one stated that he opposed capital punish ment. During the noon recess, de fense attorneys obtained the services of Hon. B. V. Chap man to be associated with them in the defense of Swind ler. Shortly after 4:15 p. m. the State called its first witness. Dr. Ralph P. Baker, who ex amined the body of the de ceased Donald F. Bowers af ter the killing on July 9. His testimony was expected to deal largely with the en trance and exit of the bullet from Bowers* body. By TOM ANDERSON The Supreme Court of the U. S. Dear lifers: Just because President Roose velt vilified the Supreme Court is no excuse for the common man to. After all, by rewriting the Con stitution to suit modern life you are saving the people all the time, trouble and expense of having to amend the Constitution. The reactionaries who have to be pulled into the 20th century dragging their feet and clutching the Constitution to their breasts naturally can’t understand you fellows. They’re used to hav ing judges on the Court. They don’t realize that human values are what count today not law_ and that you justices were appoin ted because of your social, econo mic and political backgrounds and ambitions. How could you make America over, if you were tied down to the rulings of past Courts, the laws of Congress or that ancient Constitution ? You threw out the convictions of 14 California Communists you ruled against firing a government worker suspected of being a sec urity risk . .. you turned loose a done peddler because the govern ment agent who sold the stuff to him had to remain anonymous so he could trap other citizens . .like good sports you decreed that FBI files must be open to criminal or Communist when the contents of those files are being used to pro secute him ... you ruled that past membership in the Communist party is not to bar to the practice of law ... you released three men who harbored a convicted and fugitive Communist leader be cause the FBI agents raided the house without a warrant ... you held the justice Department can’t bar Communist activity by an alien who is under deportation or der ... you destroyed the right of states to try Communists on se dition laws, saying all sedition cases must be tried by the Feder al Government only. Betcha you can turn Communists loose fast- er’n J. Edgar Hoover can lock’em up. Since 1932 the Court has depar ted from decisions previously ren dered on 35 occasions, whereas there had been only 29 such re versals in the entire history of the court before 1932. So the recent law of the land is sorta like a movie actress’ hair — whatever suits the mood and the occasion. The Constitution is your hula hoop to be played with according to your fancy. Can’t you make the States Righters realize that schools and things must be federalized if we are to compete with Russian schools and things ? Like the Kremlin, you must make all states under your domination conform to whatever national educational and social standards in your great wisdom you deem best for the world and us. Back when states and communities were free to run the schools any way they wanted to, they had little one-room school houses where the only thing red was the schoolhouse itself and where about all they had worth having was freedom — and of course, that’s out of date now. Lets not make the same mis take on integration and civil rights that we made on Prohibi tion. Just because the people didn’t want Prohibition and it couldn’t be enforced, Congress re pealed it, But everybody knows people just can’t drink equally, although many do separately. Se parate but equal, you’ve ruled, is not equality! And all men are created equal as anybody who’ll just look a- round him can plainly see. We must force togetherness in chur ches, parks, theatres, swimming pools subdivisions, dancing class es, farm organizations, editorial staffs, boards of directors, garden clubs, fraternities, society pages, living rooms and boudoirs. Twenty-four states have laws against intermarriage of Whites and Negroes. Why don’t you make that against the law of the land? This head on battle for power between the federal and state governments goes back to Noah. He had to bring into the ark “of every living thing of all flesh, two of every sort...” If he had just forced intergration on the boat we wouldn’t have all this trouble now. Just think of the possibili ties: A woodpecker housed with a carrier pigeon might have pro duced a pigegnpecker that not only would deliver a message across a continent but would knock on the door when it got there. The racists should take a more tolerant view of racial amalgama- (Continued on Page 4) Selection 01 Jurors Started After Noon; Motion To Continue Denied Judge Thomas P. Bussey,: at the Tuesday morning session of criminal court, denied a motion for change of venue for the trial of Charlie G. Swindler, charged with the murder of Donald F. Bowers, who died a gunshot wound on July 9 this year. He also denied the motion made by defense at torneys to continue the trial until the March 1959 term of court, and ordered the case to trial after giving the defense “a couple of hours” in which to obtain local counsel, to assist with the case. I ^ ar to re p reael jt him, but had been unsuccessful in doing so, although one member of the Newberry bar did offer to undertake the case for a fee of $10,000.” The affidavit mentioned the large crowd in at tendance at the inquest into the death of Bowers, stating that this “served to evidence the intense interest and tension in this mat ter, as was recognized by the So licitor of this Circuit, who, in a public statement to the audience attending the inquest, stated; ‘Ob viously a good many are here and the interest in this case is high, or you many people would not be here tonight’.” The defense attorneys set forth in their affidavit that they had talked with many persons who expressed orally their belief that the defendant could not receive a completely/impartial trial in New berry, but declined to state their belief and the grounds therefor, in affidavit form because ‘they wished to avoid any step or con duct which might be viewed as personal participation in this mat ter. “Numerous other residents of Newberry County . . . without hesitation, indicated their desire that C. <j. Swindler receive the ex treme penalty and refused any consideration that the sentiment against him might be such as to render it impossible for him to re ceive a fair trial . . .” Also read by Mr t Nicholson was an affidavit by C. G. Swindler, who, in addition to stating that he was unable to obtain local counsel, said: “The deceased, Donald Bowers, had a large connection of family and friends in Newberry County. ... It is my belief that my inabil ity to secure counsel from New berry County is due to the posi tion of the family of the deceased, his large family connections, and the tension and prejudice existing against me on that account . . - Members of my family and my friends have advised me that Don ald’s connections have been doing a great deal of talking against me and that they have heard num erous comments, made to groups of people, adverse to me.” The third affidavit read by Mr. Nicholson was that of H. E. Free land, Greenwood county resident, who stated in part: “I was employed by attorneys for the defendant C. G. Swindler, to go into Newberry County and to ascertain as nearly as I could the sentiment ... as far as giv ing to the said C. G. Swindler a fair trial . . . “It was always brought up in cidentally without anyone know ing that I had any interest in ob taining the information. I unhesi tatingly state that from all the expressions I heard and from what I was able to learn, it will be impossible for the defendant to obtain a fair trial in Newberry County. “A number of the people I talk ed to stated it was a good thing the defendant was in the hands of the law officers as soon as he was or else he might never have been tried. The feeling against defendant is intense and the de ceased seemed to have been popu lar.” The remainder of the affidavits were from persons who said they had heard the killing discussed and were of the opinion that Swindler could not get a fair and impartial trial in Newberry Coun ty.” Eighteen of the persons who signed affidavits to this effect resided in Silverstreet or Chap pells; the remhining seven were from persons residing near Trin ity Church, near O’Neal school, in Helena and in Newberry. Mr. Nicholson concluded his ar gument: “Your Honor, I will leave further comment to my col leagues; however, I must say, both of them have told me that from (Contiraed on Page 3) Judge Bussey announced his ruling on the change of venue motion after overnight delibera tion of two hours of testimony and argument heard Monday afternoon before court adjourned. In announcing his i ruling, he stated “It is my personal feeling and conviction that the defendant is entitled to every reasonable doubt just as if he were on trial. . . . I would like to state for the record that this is my third term of court in Newberry County since this unfortunate incident occurred and since then, in three weeks of court, I have heard virtually no conversation about this case ex cept such as was engendered by the motion for change of venue and the continuance because the routine examination in cases such as this had not been completed.” The presiding judge noted that in September, when the case was originally scheduled for trial, there were “no large undue crowds in the court room or about the court house.” He observed that there were some vacant seats in the court room Tuesday morning and stated “there seems to be per fect calm—no undue excitement or tension exists as a result of this case being on the docket.” Con cluding that he felt the defendant could obtain an “absolutely fair and impartial trial in Newberry County,” Judge Bussey oveiruled the motion. The three points on which the defense attorneys, W. H. Nichol son Sr., and Francis Nicholson of Greenwood, and Charles Coleman of Saluda, based their motion for change of venue, were that the de fendant could not obtain a lawyer in Newberry County, that preju dice against the dependent would prevent his receiving a fair and impartial trial in Newberry, and that “sentiment against defendent has been inflamed by repeated newspaper articles stating, as a fact, that the deceased was ‘shot in the back’ and that this undue and unwarranted notoriety and repeated statement of a yet-un- proved fact have contributed greatly to the tension and preju dice against the defendant.” Francis Nicholson, first addres sing The Court in support of the motion, read affidavits signed by attorneys for the defendant, in which they stated that at the time they were retained by the defend ant, “Mr. Swindler reported to us that he had attempted to retain several lawyers of the Newberry