Historical Newspapers of South Carolina

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ir m' K f\ Unprovoked gossip, even though factual, is unpleasant anywhere* and at all times. im We don’t stop playing because we grow old. We grow old be cause we stop playing. VOLUME 21; NUMBER 32. NEWBERRY, SOUTH CAROLINA, THURSDAY, DECEMBER 4, 1958 + $2.00 PER YEAR By The Way By Doris A. Sanders ALMOST HEKL It is hard to realize that Christ mas is almost here again, though I am not likely to forget it with constant reminders from two lit tle girls. The city is beginning to take on a holiday look, what with all the beautiful decorations in side and outside of the Community Hall, the silver garlands and lights which are now being strung across the streets and the beautifully decorated windows already in evi dence in many stores. All of the children are looking forward to the Christmas parade Friday and we are keeping our fingers crossed that the weather will be favorable. FOOTBALL There isn’t much to say about that Thanksgiving Day at P. C. except that the Newberry College Band put on an excellent perform ance at half-time. Even though the Indians were defeated, though, they had a good season. They didn’t seem to play as well in the P. C. game as in others, and while Wyman Taylor did his best at the quarterbacking job, perhaps Pra ther, with a little more experience, could have helped the situation had he not been injured. Football around Newberry is over for the season, but it is still all the talk at least among Clem- eon fans and alumni for they are looking forward to seeing their team play in the Sugar Bowl against Louisiana State on New Year’s Day. LONG-WINDED Seems for the past few weeks I sat down to write this column, I just couldn’t find a stopping point. This week, however, it will be cut short. There is just one thing to which I would call your attention ►before I stop. After the conclusion of the Swindler murder trial last week in General Sessions court, I heard the remark “the jury recommend ed mercy because the judge told them to do that if they had a reas onable doubt about his guilt:” I have been around court rooms enough to know this statement was in error; and I am sure the jury thought no such thing be cause I read the judge’s charge and nowhere in it is there any such statement, nor did he say anything else that would leave the jury to believe that is what he meant. For this reason, at the conclusion of the story about the case, elsewhere in this issue, I have included a verbatim portion of the Judge’s charge. In the be ginning of his charge, he elaborat ed even more on “reasonable doubt” and its effect on the ver dict. A jury can recommend a de fendant to the mercy of the court “for any or no reason” as many judges usually charge. Just thought I would straighten this out for the record. Agnes Wilson, 80-year-old Negro woman, was burned to death last Wednesday morning at her residence on the first floor of a two-story frame dwelling on Caldwell street. The victim, who was partially crippled, was burned almost beyond recognition. The occupants of the second floor of the building were away at work at the time. The building was destroyed beyond use, as may be seen by the above Sunphoto. The local fire department kept the fire from spreading to buildings a few feet away on either side of the burning house. Mrs. Dominick Died Monday In Spartanburg Spartanburg — Mrs. Verona Dominick of 342 Pine St, died at Mary Black Clinic Monday morn ing following an illness of one month. She was the daughter of the late Joe and Rebecca Hawkins Salter. Mrs. Dominick was born and reared in Chappells and had "pent her entire life there until twenty years ago when she moved to Newberry with her son. For the past 12 years, she had made her home in Spartanburg. She was a member of Central Methodist Church and of the Wo man’s Society of Christian Serv ice. Surviving are one daughter, Mi's. James L. DeHart of Spar tanburg; one son, Pinckney N. Abrams of Newberry; one sister, Miss Laura E. Salter of Green wood; and one brother, Ernest A. Salter of Greenville. Funeral services were conduct ed Tuesday at 2:30 at the J. F. Floyd Mortuary by the Rev. Mel vin E. Derrick and Dr. John L. Slaughter. Burial was in Green- lawn Memorial Gardens. Pallbearers were Cyril E. Ab rams, Richard C. Neel Jr., Billy W. Sheppard, Jackson W. Taylor, Jr., Wayne Martin and Olin Berry. “State Holiday House” Santa Is Coming To Town Jolly Old Saint Nicholas will be welcomed to Newberry Friday afternoon, when the Civitan-spon- sored Christmas parade will offi cially open the Yule season in Newberry. There will be over sixty units in the parade, according to Charles Baber, who is serving as parade chairmen for the Civitans. Expected to be one of the finest parades ever staged in Newberry, the procession will begin at 3:30 p.m. at the intersection of Walnut and Main streets, will proceed down Main to McKibben, back up Boyce to College street where the parade will end. Among the units participating in the parade will be bands from Laurens high, Saluda high. Green wood high, Whitmire high, New berry School senior intermediate and junior bands, Newberry Col lege Marching Band, Newberry Concert Band. Among the beauty queens will be Miss Marian Haltiwanger, re presenting Newberry High, Miss Rosann Fulmer, Mid-Carolina High; Miss Carol Donnan, Whit mire High; Miss Janet Hawkins who is Miss Farm Bureau and Miss Miriam Eleazer, Newberry College. One of these Young ladies will be chosen as “Miss Merry Christmas.” Planning to enter floats are Speers, Boundary and Junior high schools, Silverstreet, New berry College, Gallman High, Civitan Club, Aveleigh Presbyter ian Kindergarten. Mother Goose Kindergarten, Pre-school Mothers Clubs No. 1 and No. 2, City Re creation Department, Santa Claus float and some commercial floats. Prizes will be awarded for win- New Trial For Swindler Denied By Judge; Appeal Is Undecided The outstanding social event of the season got underway Wednes day when the doors opened for the Christmas Decorations Tea, spon sored by the Civic League of New berry, with the cooperation of garden clubs and other organiza tions of the county. The theme of this year’s tea, which continues through tonight, is “State Holiday House.” Hundreds of decoration ideas are displayed on tables, furniture and window ledges, and a gaily decorated Christmas tree com pletes the holiday motif. Dr. Mamie Summer, who has been the leading figure in promo ting the traditional decorations tea, initated the idea many years ago. She had a friend come to Newberry and demonstrate the making of special decorations prior to the Christmas season. This small beginning later devel oped into the Christmas tea. One of the special features of the tea are arrangements and compositions by some of the out standing flower arrangers of this state. Miss Erin Kohn of Colum bia has an exhibit on display. Some of the window ledges are decorated by Mrs. J. Allen Lam- bright of Spartanburg, Mrs. R. M.. Riddle of Chester, Mrs. R. C. Jeter of Union, Mrs. Alston Cal houn of Greenwmod, Mrs. Furman Fulmer of Columbia and J. C. Dowling of Gaffney. The outside doors were decorat ed by the Civic League; the Christmas tree by Town & Coun try Garden Club. The piano ar rangement was by Hal Kohn; sconces and chandelier by Mr. and Mrs. O. M. Cobb; record player, Mrs. Don Rook; inside doors, County Home Demonstration Council; tea table centerpiece, Mrs. John Frazier; window ledges, Mrs. Warren Cousins, Mrs. Wald rop, Mrs. Wm. Hunter and Miss Juanita Hitt. The Carters’ orchid arrange ment is by Mrs. Howard ClarH, Mrs. Leon Nichols, Mrs. Paul L. Grier and Mrs. J. S. Geothe. The modern breakfast table was arranged by Palmetto Garden Club; the formal table by Nose gay Garden Club. During Wednesday afternoon, the Newberry College Band under the direction of Charlie Pruitt en tertained. Selections were pre sented Wednesday night by the Newberry Boys Choir under the direction of Miss Juanita Hitt. In addition to those from out of town who have exhibits on dis play, other prominent guests Wed nesday included Mrs. John R. Childress of Greenville, president of the S. C. Federation of Wom en’s Clubs; iMrs. J. T. Rutledge of Conway, president of the Garden Club of South Carolina; Mrs. Ir vin Hawthorne of Donalds, presi dent of the S. C. Federation of Home Demonstration Councils; and Mrs. J. E. Grier, president of the South Carolina Business and Professional Women’s Clubs. Al so present were Mrs. Strom Thur mond and Mrs. Bryan Dorn. Judge Thomas P. Bussey, presid ing at the Court of Common Pleas in Newberry this week, has overruled a motion for a new trial for Charlie G. Swindler. The motion was made by defense at torneys last Wednesday night im mediately after the jury returned a verdict in the trial of Swindler for murder. They found him guil ty, and recommended him to the mercy of the court. The jury deliberated for less than three hours before returning the verdict. Their recommendation to mercy made mandatory the sen tence of life imprisonment. A ver dict of guilty, without. recommen dation to the mercy of the Court, would have automatically meant a sentence of death by electrocution. The reasons given by the de fense, in the motion for the new trial, were fourfold: (1) that Swindler was not arraigned prior to the time the motion for change of venue was made. This motion was made and argued on Monday afternoon of last week. Judge Bussey overruled the motion on Tuesday morning. (2) That the judge erred in not granting the motion for change of venue. (3) That the judge erred in not grant ing continuance of the case until the following term of General Sessions Court; and (4) that two jurors who were admittedly relat ed to the deceased were not ex cused from jury duty. B. V. Chapman, one of the at torneys for Swindler, stated Tues day that he and other defense at torneys, Nicholson & Nicholson of Greenwood and Charles Colepian of Saluda, had not yet decided whether to appeal the case to the Supreme Court. Ten days is al lowed from the time a motion for new trial is made, in which to file Notice of Intention to Appeal to the Supreme Court. If the No tice is filed, the defense has thir ty days in which to perfect its appeal. After the motion for change of venue was denied by Judge Bussey last Tuesday, the case got under way with the selection of a jury Tuesday afternoon. This took a relatively short time and the State began presenting evidence. Soli citor William T. Jones called to the stand Dr. Ralph P. Baker, who examined the body of the deceas ed Donald F. Bowers on the night he was shot, and testified as to the bullet wound in Bowers’ body. Other State witnesses were J. K. Wilson of the State Law Enforce ment Division who had examined the shirt worn by Bowers when he was killed; Walton B. Half acre, J. H. Bowers Jr., Jimmy Bowers, A. T. Henderson, Sheriff T. M. Fel lers, and Deputy Coroner Robert Harvey. The latter three were of ficers of the county who investi gated the incident. At the conclusion of testimony of these witnesses, court was re cessed until Wednesday morning, at which time the Solicitor called to the stand Mrs. C. G. Swindler, wife of the defendant; Miss Tom mie Sue Duckett, who was in company of the deceased when he was killed; and J. C. Neel, to whom the defendant admitted the shooting. For over two hours, Mrs. Swind ler told of incidents leading up to the killing of Bowers, a son by a previous marriage. Also high lighting her testimony were the injection by the defense of three love letters that Mrs. Swindler admitted writing Swindler prior to her marriage to him in 1952. Swindler was charged with the murder of Bowers the evening of July 9 at the home near Silver- street. Bowers was a graduate of Silverstreet High School, attend ed Newberry College and Clemson College and had been in the serv ice for two years. He was living with his grandmother at the time of the slaying and was engaged in farming. * Mrs. Swindler was first married to Roy C. Bowers and three child ren were born to this union, Tony, Peggy and Donald. Her husband died when Tony, her youngest son, was three years old. Her first hus band owned the present home and 65 acres plus an additional 91 acres near Silverstreet. The estate was never settled. Mrs. Swindler told the jury that on the night of the slaying, Don ald came into the room and asked to use his mother’s automobile. She told him that she and Swindler had been arguing, but Swindler was in her room at the time. She stated that Donald wanted the car during the evening and it had been her custom to let him have it. She testified that Donald enter ed the house in a hurry and had talked with her for only a min ute. When he left he went back up the hall, she said, and she sat there, then as he went to the front door she heard two shots. She said she stood up, made two steps to the hallway and saw Donald fall ing down the steps. Immediately after the shooting she ran in the backyard and then a short distance in the pasture and slumped by a tree, she said. Mrs. Swindler denied that she had said she would send for Donald and “he will end the arguments for me.” Miss Duckett was the next wit ness called by Solicitor Jones. She testified that she and Donald ar rived in Jimmy Bowers’ car at the home of Donald’s mother about eight o’clock. She said she was driving the car and that she left the motor running while Donald went in the house. She stayed in the car. As Donald went in the house, she said, Swindler came out and went to his car. He “kind of bent over” in the car, she continued, then went back to the porch and sat on the swing. When asked whether Donald was in a “mean attitude” that night, she replied that he was not. In describing the shooting, Miss Duckett said: “Donald Bowers came out of the door and he said Mr. Jack, I want to know what in the h—- has been going on down heie and hardly before he could get the words out of his mouth the first shot was fired. He still had one hand on the screen door and he spun around kind of lean ing over and another shot was fir ed. His back was facing to Mr. Swindler,” she said, when the sec ond shot was fired. When asked what she did, Miss Duckett re plied ‘I sat there for a second or Ham ion Elected Amity Lodge No. 87, AFM, el ected B. Meredith Harmon as Worshipful Master at a regular communication held Monday even ing, December 1st. Other elected officers include Ewell G. Cotney, senior warden; Ferd J. Summer, junior warden; Joseph M. Hove, treasurer, and Prof. F. Scott Elliott, secretary. Appointed officers for the new year include the Rev. James R. McKittrick, chaplain; William E. LeValley, senior deacon; Jeter Young, junior deacon; G. William Heller Jr., steward; James D. Per ry, steward; and James E. Nichols, tiler. Following their election or ap pointment, these officers were in stalled and will assume the duties of their positions on December 27. A luncheon was held Wednes day at the Wiseman Hotel for out- of-town guests. Mrs. Richard L. Baker served as chairman of this year’s Christmas tea. Assisting her were Mrs. James E. Wiseman, Mrs. John R. Frazier, Mrs. Leon D. Nichols and Mrs. Howard Clark. Advent Services The Rev. Melvin E. Derrick, pas tor of Central Methodist Church, announces that during the month of December the entire program of the church will center around the Advent. All of his sermons will pertain to the coming and blessings of Christmas. Sunday night, December 14, the evening service will consist of a Christmas pageant entitled “Away in a Manger”; the Christmas story from Luke and Matthew will be carried out through drama and music. This will be presented by the Senior Department. A film Holy Night will be given on Sun day night, December 21. The story traces the Old Testament expecta-* tion of the Messiah. The major events connected with the birth of the Christ child are portrayed. On Tuesday night, December 23, a Christmas candlelight service will be held in the church. All of the above services will be at 7:30 p. m. On Sunday, December 28 at the morning worship service Student Recognition Day will be observed two. It just stunned me and I drove off. . . I went up to Jimmy Bowers house and his grandmoth ers.” She said that Jimmy Bowers called the sheriff and the ambu lance then left. Deputy Sheriff J. C. Neel told the jury he went to thfe scene of the slaying then returned to the court house after receiving a mes sage by radio. When he got there, he said, Swindler was there in company with Rembert Parler, an attorney. Neel said he vent to the car and informed Swindler he was under arrest for murder. He said that Swindler told him “I shot m twice . . . once in the front and once in the back.” He testified that Swindler told him where to locate the gun and that he did find it. The gun was introduced in evi dence at the trial. Neel’s testimony concluded the case in chief for the State. The only witness called by the defense was the defendant, Charlie G. Swindler. In reply to his wife’s testimony that he furnished very little at the house, he said that he had a truck vegetable garden and furnished vegetables, enough to keep the freezer full all the time. He also said he fished and hunted and fur nished fish and game. He denied that he had ever refused to give his wife money and stated that he had asked her on several occasions if she neded money and she told him she had money;. When asked by his attorney “What was the relation of Donald Bowers toward you from the be ginning of your marriage?” the defendant replied: ‘‘Well, before we were married, he acted very distant. He would come through the hall in a rush. He never would look at me. He never would speak to me when he was in the room together, and I asked my wife did he have any thing against me and why did he act like that. She said she would talk to him and he would get bet ter; he would get used to the idea. When we were married I went down there that afternoon and Donald was in the room crying, bellowing you might say,*with his mother and I knocked on the door and she come out. She says ‘I’m up against a brick wall ... I don’t know what to do.’ I said, ‘well, do as you like ... I don’t want to interfere with you all ... if you don’t want it, we will call it off.’ She said T decided we would go ahead and marry and just let him do the best he can’ so we married.” He repeated one or two inci dents to show the antagonistic manner in which he claimed Bow ers acted toward • him. He said that Bowers used profanity even when ladies were present and that Bowers “had no more respect for them than he had for me.” He said that in June 1957 Bowers tried to get his mother to leave Swindler but that she had refus ed. Swindler’s version of the shoot ing, and the events leading up to it, was as follows: “. . . I got back home about six thirty and I got out and went on through the house in the kitchen where Laura (Mrs. Swindler) was. She was washing dishes . . . T said ‘you dqne eat?’ and she didn’t op en her mouth, she didn’t say noth ing. So I set down and began to eat. We had fish, that is what we had for supper ... I had eat a little while and she began to rear on me about opening a pint of beet pickle. I said ‘you don’t want me to have any pickle?’ She said no. She put up twenty six pints and said she didn’t want me to have any. So she got worse and worse just rearing, just raging and said I had to leave there. . . . She said she was going to send up and get Donald and he would settle with me. I got up from the table before I finished eating and went up through the house and she followed me to the front door a-rearing and I went on out to my car and got in my car. She was in the front door, had the screen open. She was a-rearing for everything she was worth. I rode off just to get away from her ... I was gone about an hour and a half. I got back and went in the house . . . she come out of the kitchen still raging on me. About that time Donald 'come rushing in ... I thought I left my car windows rolled down and I went on out to the car and roll ed my glasses up and pulled up the handbrake and come back and set in the swing. I couldn’t hear what they was saying. Donald left his motor running and I could hear them mumbling in there. . . all of a sudden I heard Donald say in a loud angry voice ‘why don’t you run the s- - - - off or leave yourself, where is he at now?’ He rushed out through the hall and opened the door and said ‘what the h— is the matter down here? I will end it with you now.’ He put his hand in his front pocket and that is when I shot. He was about halfway between the front screen door and the swing, about six feet up facing me. I shot him in the front breast and as I shot I pulled for the second time I gave a whirl. It was too late then. I shot.” Swindler testified he shot be cause he was afraid for his life. In his charge, Judge Bussey told the jury: “Mr. Foreman and Gentlemen, there are several verdicts, one of which you may reach in this case. If the State has satisfied you beyond a reasonable doubt that the defendant is guilty of murder as charged in the indictment, then your verdict would be guilty. If that be your verdict, then the law fixes the penalty as death by elec trocution, but if you determine that the defendant is guilty of murder and you desire to recom mend the defendant to the mercy of the Court, in that event your verdict would be ‘we find the de fendant guilty with recommenda tion to the mercy of the Court.” The law in such event fixes the punishment as life imprisonment in the State penitentiary. “However, if you are not satis fied beyond a reasonable doubt that the defendant is guilty of murder, then you determine wheth er or not the defendant is guilty of manslaughter as I have given you the definition of manslaught er, then if you found that he was guilty of manslaughter, your ver dict would be ‘we find the defend ant guilty of manslaughter.’ . . . There is still another verdict that you could render depending upon the way you view the evidence in the case. You could render a verv diet of ‘not guilty’ and indeed if there is any reasonable doubt as to the guilt of the defendant, it is your duty to render a verdict of not guilty and acquit him. “In other words, if the State has failed to prove any of the main charge of murder and those that may be carved out of it, as I have given them to you; if it has failed to prove that the defendant is guilty and failed to prove it be yond a reasonable doubt, either the charge of murder or man- slaughter, then your verdict should be ‘not guilty’ and I re peat, if there is any reasonable doubt in your mind, the defendant is entitled to the benefit of that reasonable doubt and should be acquitted.” “BIRTHDAY” GREETINGS Dec. 7: Loxie Lee Bowers, Leon Taylor Jr., Mrs. Nellie Browning, Geneva Halfacre, Mrs. Jessie B. Boozer, Angus Senn, Mrs. Wm. E. Senn, Mrs. Ervin Merchant, George Luther Long. Dec. 8: June Hawkins, Mrs. H. L. Pitts, Laval H. Johnson. Gordon Leslie, Carolyn Hawkins. Dec. 9: L. E. Wood Jr., Doro thy Livingston, Sylvia Smith, C. H. Eargle, P. B. Moore, Barry Stutts, Anne C. Hunter, Mrs. Lucille B. Livingston. Dec. 10: J. C. Neel, Mrs. B. O. Long, Mrs. Pope Wicker, Sr., Adrian M. Summer, Mrs. J. A. Bund rick, Virginia H. Ander son, Mrs. Atlee Lindsay, Jack Goree. Dec. 11: Caroline Cook, Joe Summer, Valeria Stuck, Billy Altman, Mrs. Mary Eula Hollo way. Dec. 12: Forrest Looninack, Mrs. Nelson Cohnelly, Mrs. Fred T. Moon, John Koon, Mrs* Mary Hanna Sproul, Mrs. Sam Beam, Janet E. Crim. Dec. 13: R. Green M. O. Sum mer, Alice Gean Riley, James E. Wiseman, Jr., Susan Ward Mrs. Eva S. Cromer, Harold Epps, Claude E. Dominick, Roy Creekmore.