The Darlington news. (Darlington, S.C.) 1875-1909, October 23, 1890, Image 1
YOL XVI. NC 43
DARLINGTON, S. 0., THURSDAY, OCTOBER 23. L890.
xxdojlx*
Mr*. M
houfw* for rent.
, .. .tyv?* 6 an l Leavensworth. of the only one who audibly favor- jjudie Hud.on j char*e to th« Gr.nd
adv«rv;se« u | parlmgttn County, and claim- making nominations, though | Jurv
to be Democrats loyal to the there were doubtless several! ~ F ’
Cai-t C. S. Nettles si>ent three i P ational Democracy and believ- others who agreed with him. „ Gentlemen of the Grand Jury:
or four'days in Sumter this week ln#c m the constitution and plat-, Dr. Willcox then moved that ■ P e L° re closing my instructions
on business.
, form of the Democracy of the
« State of South Carolina, which
Th* Darlington Ginning Com- was adopted in 1870, before it
pany are ginning fifty bales of was amended by the Tillman
cotton a day. Convention in the month of Au-
Mr. W. H. Talley shipped on 1 £ U8t . of this year, was held this
Saturday the first cotton of the m fee Town of Darlington
season to go to Cffiarleaton from! toconsider the present political
this market. situation of our State andCoun-
w v , . ~ ; ty, and whereas, owing to said
Messrs. W. E. James and T. amendments, the Democratic
J. Bell have accepted the »P-1 Constitution and Platform has motion
pointmento as commissioners of j been supplanted by the adoption
State elections for Darlington of a Constitution and Platform
abounding in
County.
Mr. Lowrance of Yorkville
was in Darlington on Monday to
look at the Darlington Hotel
He will probably lease the prem
ises after they have been thor
oughly renovated.
The bridge at the foot of the
hill near the Methodist cemetery
on Orange Street is in a deplor
able condition, and will get
somebody into serious trouble
unless it is looked after.
The Alliance Warehouse has
just received a large lot of “An
ti Trust” bagging. Also a fresh
carload of flour. The ware
house iy now open every day in
the week from 9 o’clock until 4.
The Lin wood Reading Club
will give a Dime Reading at the
residence of Rev. W A. Wright,
on Friday evening, Oct. 31,1890,
at 7 o’clock P. M. The young peo
ple generally are invited. Re
freshments will be served.
The following transfers of
real estate were recorded in the
auditor’s office for the week end
ing Oct. 18, 1890: Lewis M.
Coker to Wm. Bostick, Jr., 7
acres in Society Hill Township
for $175; M. J. Sansberry to S.
Marco, 140 acres in Philadelphia
Township for $186.60.
There will be a hot supper
and “Corn Festival” given byi f -_„„ c ^ '=■ , *
the ladies of Mt. Elon B.p«,t
_ Republican and
Greenback ideas and the party
so adopting it not only had cau-
cusses against members of its o w n
party but advocated class legis
lation, all of said measures and
acts being directly in opposition
1 to the Democratic Constitution,
none of which we have ever be
lieved in or endorsed, and
whereas, although we have at
all times protested against such
revolutionary measures, while
acknowledging the fact that we
belonged to the minority, but
demanding the respect which is
due all minorities ; therefore be
it.
Resolved, That, after consid-
ering the facts cabnly and care
fully, we deem it wise and expe
dient that a Convention be call
ed in order to preserve the iden
tity of the Democratic party,
and to confer and if thought
advisable to nominate three
members of the Legislature and
one Senator to be voted for at
the ensuing election.
Resolved, That all Democrats
who agree with us assist in the
reorganizing of Democratic
Clubs in each Township, not la
ter than Monday, October 20,
1890, time and place to be ap
pointed ; and that such Clubs
elect delegates and alternates
according to the Democratic
Constitution—1 at large, 1
steps be taken at once to re
organize the Demo ‘ratic party
in this County, as a separate
and distinct party from what, at
the present time, is known as
the Tillman Democracy, the
constitution under which such
organization was to be effected
being the one in force piior to
the assembling of the State
Convention of August last. His
motion prevailed, and J. J.
Ward, Esq., was elected county
chairman of the new Demo
cratic partr. When first men
tioned by Mr. A. S. Mclver, who
nominated him for that position,
Mr. Ward stoutly declined the
honor, but Mr. Mclver put from
the floor a motion to elect him,
and it was unanimously adopt
ed. The following County ex
ecutive committee was then
chosen: J. C. Willcox. Darling
ton; E. W. Cannon, Hartsville;
Walter Lewis, Philadelphia; A.
S. Mclver, Palmetto; W. M.
Huggins, Cypress, E. T. Coker,
Society Hill. Dr. Willcox
moved that each club
organizing hereafter be request
ed to select a committeman, and
send in his name to the County
executive committee. The
meeting then adjourned.
right of peremptoryc hallenge
was denied.
The grea. revolution of 1688
effected a most happy change in
to you I invite your attention to in the appointment of Judges
a subject of vital importance to for 1,fe or ^ 00,, behavior, thus
the administration of our
Whatever pertains to the mode
of dispensing justice in our Cir
cuit Court is of deep concern to
our people, and should interest
laws curing the independence of
the judiciary, and many whole
some reforms in the entire ma
chinery of the Courts and mode
of conducting trials.
you and all who officiate in this , These reformations, and all
Court, because we are directly other8 wlnch were effected ,n
engaged in enforcing the law's Old England m the succeeding
of our State, and have the best :c « utur J- were embodied in our
opportunity of observing the State Constitution and statute
oractical working of our sys iaws after we achieved our indo
le m of laws and methods of de- Pemi*nce by the revolution of
ciding cases. The result of my 17 I?- ,, „ , ,
experience and reflection is that Within the last quarter of a
no better method of deciding the I centur y two significant changes
facts of cases, criminal or civil i m our law have betm made, hav-
has yet been devised than that , ,n * a marked effect upon trial
of trial by jury. To some extent; l ’- v ■) ur - v - To the abused has
oj inion is divided on the subject,! boon accorded the privilege of
and there are learned men who testlf y ,n F in h,s own behalf and
contend that a large number 0 f ^ th ? Jud K« has been deni « d
civil cases, at least, could be the right to ^comment upon the
more correctly judged by the
Court without a jury. But the
number of those who are oppos-
ed to the system of trial by jury
is not l»rge, and never will in
facts. In other words, theaccu
sed has been mademasterof the
situation by being able to tell
his own story and having the
Judge, challenged by theconsti-
Grand Republican Rally.
Flaring posters containing
Church, at the Academy near
the church, on Friday night,
Oct. 24, 1890. A general at
tendance is requested.
Tennyson & Dawson’s Grand
Gift Carnival and Refined
Specialty Company. Will
give an Entertainment
in the Opera House, on the
Evenings of Tuesday and Wed
nesday of next week. Tickets
on sale at Darlington Book
Store.
The many friends of Mr. Jas.
A. White, the popular foreman |
of The News, will regret to
learn that he was taken desper
ately ill on Monday last. As
we go to press, he is reported |
as somewhat better, though
great apprehension is still felt
as to the result.
and one for every fraction over
15 members— to attend a Con
vention which is hereby ordered
at Darlington C. H. on Tuesday,
October 21, 1890, at 12 o'clock,
M., for the purpose of nomina
ting said candidates if thought
advisable and to transact any
other business which may
brought before it. 1 °f the
Resolved, That when such
Clubs organize, their officers be
elected for two years, in order
to be of future benefit to our
party.
W. E. JAMES.
J. C. WILLCOX.
E. T. COKER.
J. T. ROGERS.
W. M. HUGGINS.
W. L. KING.
J. P. PARROTT.
When the call had been read,
the following announcement in
capital letters have been put
prominent places throughout
the town: “Look out for the
grand Republican rally, Oct. 23,
at Darlington, in advocacy of
E. H. Deas, the Republican
candidate for Congress from the
Sixth District of South Caro
lina. The following gentleman
will address the people: Maj. J.
H. Fordham. Col. H. L. Shrews-
berrv, Gen. H W. Purvis, Maj.
J. ftf. Freeman, E. J. Sawyer,
Esq., Rev. J. E. Wilson, Hon.
E. A. Webster and E. H. Deas.
All Republicans are requested
to be present”. As the name of
the town and the date of meet-
crease sufficiently to abolish this I ^ u ^ ion » ^ as ' d c as it were, and
inestimable right. his legitimate province and m-
It has been well said bv an i Auence destroyed. In addition
able Judge that ‘‘the jurv is an 1 ^ vantage ground, the
indispensable part of the , Iia Jaccused could, up to three years
chinery of justice. Liberty can- a K 0, b y his number of challen
not exist without trial by jury,! Fes, select his own jury from
despotism cannot long survive tba P a ,.- , , ,
with it." The hard sense and Withm the last quarter of a
courageous firmness of English century the effect of constitu-
juries more than once preserved | tional restriction and legislative
,a ! the liberties of the English peo- enactment has been to weaken
pie against the King and i,is our CircultCourtsa,ldtofa 5 ,1,ta
servile Judges. And again: „Tri 1 tetheacquittalof persons charg-
al by jury popularizes the ad-; ^ d ^ ltb mard, ‘ r ; Not that our
ministration of justice by mak- d udges are less learned in the
ing it a part of the business of la w , nor that the jurors are less
the people. The people ought to
share the administration of the
laws which they are popularly
supposed to make. It adds to
the dignity and responsibility
of citizenship, and instructs the
citizen in his duties. It is the most
effective agency for the diffus
ion of a gene-ial knowledge of
the law among the people. It
brings to the solution of the
intelligent, but because the
Judges are muzzled by the Con
stitution, the jurors are deprived
of their aid, so essential to a cor
rect guidance, and to the accus
ed is granted the privilege of
manufacturing his own testi-
mo-iy, after having adroitly
chosen the time and place of
slaying his victim. In almost
every grave criminal trial our
facts of a case common sense
juries have to weigh the testi
mony of the accused, who have
the strongest possible induce
ment to commit perjury : the
Mr. E. Keith Dargan has lost
recently a red Russian leather
memorandum book, about
six
inches long and half as wide,
which is of very great value to
him, but of no earthly use to
anyone elso. The fuider will
therefore centered farm by re
turning the book to him prompt-
Mr. John O. Muldrow went
down to Charleston last week,
and passed a satisfactory exam
ination before the pharmaceuti
cal board, and was thereupon
duly licensed as a druggist. Dr.
Muldrow will continue in the
Gen. W. E. James nominated
Mr. J. J. Ward for president of
the convention, and he was duly
elected. On motion of Dr. Will
cox, Mr. E. T. Coker was elect
ed secretary. The delegates
present then handed in their
credentials, and the roll was
made up as follows: J. J. Ward,
J. C. Willcox and W. F. Dar
gan, Darlington; W. T. Coker
and J. P. Parrott, Cypress; E.
T. Coker and W. A. Carrigan,
Society Hill; W. E. James, Pal
metto; O. S. Huggins, Cypress.
Dr. J. P. Parrott moved that
all those not delegates be ex
cluded from the room. Mr.
with pen and ink, similar cir
culars have doubtless been x*w- \ ofVhrgreater Wy‘0^7“^-! i^® 8 are absolutely denied
ed making appointments for le dear t0 ollr , e ^ nd aid of an enlightened Judge in
meetings m the other counties ^ al] En ^i sh . 8p( ,aki n gand lib- ly-ravehng this skeinoffa.se-
I erty-loving people is the right bood * •O ileahng with the soph-
,, ~*rr, . Xr it i of trial by jury, that there is no l *t r y °f ast’ tecou sel, by which
Russian Caviar; West& Hon- danger b e inK surrendered . they are liable to be led astray
lr or seriously impaired. Far be . Under such a system of trial
Oreanized Over Fifty Years A e o ! it from me to join in the opposi- lt 18 n pt surprising that the best
“ , r 8 , tion to and hue and cry against juries render erroneous ver-
The Darlington correspond- ; t hi 8 great bulwark of our liberty. I dicty - and that murderers go un-
ent of the Charleston 'Uorh/ j v j 0 j d to noono j nmva Jirec j a whipt of justice. This triumph
writes that paper under date of tb)n 0 f j ts priceless value.! P* eas * n F to the heinous offen-
October 16, as follows: ‘ The what I have to say to you is not
our.
der and to his astute and zealous
members of Saint Benedict’s so- a g a j ns t the system and princi- Counsel, but ruinous to the in
ciety will hold a meeting this 1 i e of tr j al b • but a , rainst terest of society, and damaging
evening in tlie office of Air. lu. ' in tlie rules for tlie gov* our (vourts of Justice* The
L. Dargan to make arrange- er nment of the jury. Ihavegiv- frequency of foul murders and
ments for the annual f a ]l fair j en the east* with which the bloody
ball to be given on the night of :m( ] am convinced that a serious assassin triumphs at the bar of
the last day of the fair, Friday .infect does exist and should be our Courts is a disgrace to our
evening, October 31st, in the j ^nedied f refer to the require- 1 civilization and a foul blot upon
Opera House. This society has in .-nt of unanimity in verdicts. * be administration of our laws,
existed for over fiftv years and ln it; . or igin there" was a reason ^ at the first trial the accused
many a brilliant ball has it giv- f or tb j s ru j ej but . reason
en, and it has been determined never existed in the States of
to make this one as great a suc
cess us any of the numerous
ones which have preceded it.”
County Sunday School Convention.
A Convention of all the Sun
day Schools of Darlington Coun
ty, is called to meet at Darling-
~ H. Nov 10th and 11th 18
fails to secure an acquittal,
_ his aim is at least to secure a
I this Union, and has not existed! mistrial, knowing full well that
in Old England since the revolu-; at the second trial his chances
tion of A. D. 1688. Prior to that) escape will be greatly mcre-
: time there was reason for it, es- ased, and in this he is rarely
pecially in criminal trials; but mistaken.
' since then I see little reason for He who hath his cause just
it in criminal trials and none| w iA cheerfully abide by such
whatever in civil cases rule- but he who has broken his
Prior to the revolution of A. covenant, or has slain his
rule
service of Dr. Garner, and as he | Dargan opposed the motion. He
is one olthe most popular young
men in the county, will doubt-
lees command an extensive pat
ronage.
Thurber’s Plum Pudding; “A
dainty dish to set before the
king.” West and Hoaour.
The Deadly Gin.
On Thursday last Mr. Clem
Revel, a son of Mr. William
Revel, who lives about two miles
from.Florence, was ginning cot
ton, and attempted to get some
corroded cotton out of the ribs,
when his hand was caught by
the saws, severed from the wrist,
and hurled into the gin, where
it was tom to pieces. The en
tire arm was fearfully lacerated,
and Dr. F. P. Covington, who
was hastily summoned, was
forced to amputate it above the
elbow. The young man’s suf
ferings are excruciating, and
his condition is regarded as ex
tremely critical.
New pickled Salmon, Dutch
Herrings, fat no. 1 Mackerel,
and smoked Herrings ; West &
Honour,
Convention Of HaekolKtet
A convention of the Haskelli- J vocated
tes of the county was held in the
Town Hall on Tuesday. There
were present some thirty or forty
persons, only nine of whom,
however, were delegates, the
rest being spectators, some of
them in favor of the movement
•and some opposed to it. The
meeting was called to order by
Dr. Willcox, who read the fol
lowing from a printed circular;
KRStlUmONS ADOPTED AT A DEM
OCRATIC CONPERENCE. ,
Darlington, 8. C. Oct. 16,1890.
Whereas, A conference of the
'undersigned, representing the
Townshipt of DarlingtonTSocis-
ty Hill, Philadelphia, Palmetto,
said that it was a well known
fact that the meeting had been
called for the purpose of con
sidering the advisability o f
nominating a senator and three
representatives, and that he
saw no necessity for secrecy.
When the question was put, Dr.
Willcox was the only delegate
.who voted in favor of the
motion, and it was declared
lost.
Mr. Dargan then took the
floor and advocated the endors
ing of the Haskell State ticket,
but gave it as his opinion that
it was unwise and inexpedient
to bring out a ticket for legis
lative offices at this time. Mr.
Dargan’s remarks on both points
were very forcibly put, and
commanded the close attention
of those present. His views
were seconded by Gen. James
and Mr. Coker. Capt. E. W. |
Cannon, who was present as a
spectator, was called upon to
give his views, and endorsed
what had been said by Mr. Dar-
gan, as did also Capt. J. C.
Blackwell. Mr. Ward believed
; in protesting to the bitter end,
but acknowledged that it was
! too late to conduct a successful
campaign. Dr. Willcox ad-
' the nomination of
ton C. . . .
90, for the purpose of organizing. j), iggg a n independent judiciary man, will insist upon that
an Interdenominational Sunday, W as unknown : Judges were ap
School Association. Until other- pointed during the pleasure of
wise provided for, the followihg the King, and were not unfre
will constitute the membership quently removed, as was Lord
of the Convention; 1st, All min- Coke, for non-compliance with
isters residing in the County; the royal behests, or a too sturdy
2nd, All Superintendents of Sun- assertion of their rights. If this
which affords him the greatest
facility to escape. No system
of trial is pleasing to him, but
that system will be most accept
able whose meshes he can easi
ly break through.
The rule of majority is in
day Schools; 3rd, Two delegates system did occasionally produce keeping with the genius of our
from each School. Let every ~ ^ *— J
School arrange to be represented
by a full delegation. A statisti
cal report is expected from every. that under such auspices
School, andfor this purpose suit- like Hyde and Scruggs and Jef-
able blanks will be sent out to j freyg nourished under[the smiles
all schools whose addresses can 0 f the Court, and fattened upon
be obtained. Any failure to re- the miseries of their fellow sub-
ceive them will be suplied by jects.
k of the 1 “
men
eminent jurists like Fortescue ; Government and prevails in all
and Markham, Gascoigne and it s branches and departments,
Coke, it will not be forgotten executive, legislative a..d judi
calling at office of Clerk
Not only were the Judges the
cial, except in trial by jury
In the Government o f the
United States a majority of the
Electoral College elects the
President, a majority of the
State Legislature selects Sen
ators, a majority of voters elects
a majority i n
Why then should unanimity be
essential to the verdict of a ju
ry? I defy any one to assign a
valid reason why a majority of
the Supreme Courts should pre
vail, whilst a majority of twelve
judges of fact .htuLd noi. If
twelve judges of fact must unan
imously agree then m> should
the nine judges of the law lie
unanimous in their findings and
conclusions. To apply sla b a
rule to the nine Justices ot I bo
Supreme Court of the United
States would be pn posterous,
but not more so than to enforce
unanimity in verdicts of twelve
judges of facts.
In behalf of our jurors, and in
the interest of the cause of jus
tice, I advocate the abolitiou of
the rule of unanimity, at least
in all civil cases, and in misde
meanors and the lighter felo
nies. Our juries are composed
largely of the best men of the
community, men well reared
and accustomed to the comforts
and luxuries of life. After sit
ting for hoars, and sometimes
days, through a long, tedious
and intricate trial in an uncom
fortable courtroom, they are
shut up in a cold, cheerless and
poorly ventilated room, of small
compass, without fire, food or
beds, and there kept in a fam
ishing condition, day and night,
in the vain effort to convince
one or two stubborn men who
will not listen to reason, and who
perhaps, prejudged the case in
advance of evidence and argu
ment. In these daily struggles
in the jury room, of muscle and
prejudice against brain and rea
son, good and true men have
been known to become ruined
in health, resulting sometimes
in the loss of life. Not unfre-
quently these struggles, under
duress of in ? nson aent in the ju
ry room, result in the victory
of the minority over the major
ity and the dark triumph of
wrong over right, and frequent
ly result in mistrials, at the
expense of the people and denial
of justice.
The consequence is that the
men of property and the prac
tical business men of the commu
nity, by means of this delay and
uncertainty in the result of tri
als by jury, have been driven
fromthe'eourt, and select boards
of arbitrators as their preferred
tribunals where a majority rules,
or are driven to compromise as
preferable to unsatisfactory ver
dicts, the delay and costs of
which are often tantamount to a
defeat by the winning party,
and are overwhelm’ vdy rur.ious
to the losing litigant.
Among the intelligent and
well-to-do classes of our people
there is a growing aversion to
our Courts, and increasing want
of confidence in the result of
trials, civil and criminal.
The jurors are not responsible
for this. They are as honest and
as honorable as our jurors ever
were : but the fault is in the
emasculated system of trials be
fore Courts greatly weakened by
constitutional restriction and
legislative enactments. The laws
disarm the Judge, and doubly
arm the criminal and covenant
breaker. The one is muzzled,
while the other can utter his
falsehoods trumpet-toned in the
ears of the unaided and helpless
jury. The mouth of the Judge
is sealed against condemnation
of wrong, and exposure of soph
istry and perjury, whilst the
tongue of the guilty accused is
free to utter falsehoods and
thereby escape. I do not con
demn the right of the accused to
testify in his own behalf, al
though it is a fruitful and alarm
ing source of perjury; but I do
condemn the law that so weakens
our courts as to render them un
able to thwart this evil, and to
foil the criminal in his studied
effort to impose upon the jury
by ways that are dark and tricks
that should be vain.
This rule of uoanimity renders
consultation in the jury room so
tedious, protracted, erroneous
aud disagreeable that good and
true, intelligent and competent
, men are averse to the service,
Court. Brethren, let prayer be i creatures of the Crown, Tmt so Congressmen, a majority
made that this occasion may be were the sheriffs, who summon- eac b branch of Congress makes an( i re sort often to subterfuges
ui j » i»—ly increased ed in such jurors as they chose the laws . and a majority of the to avoid the duty and escape the
our Sunday 1 to select and very naturally se- Supreme Court interprets them, hardships. On grand juries they
lected subservient men. anc ^ renders the judgments of willingly serve, but on petit ju-
C. L. Pike, ! In addition to this the accused ^ be august tribunal which are ~
State Organizer i was not allowed the services of' of sucb va st importance and
blessed in a lari
efficiency of al
School work.
multiplies lawyers’ fees and
burdens suitors with costs and
the citizens with taxes: it de
grades and dishonors the citizen
by treating him worse than the
felon he is called on try; it
makes jury service disagreeable
and dangerous; it often enables
criminal* in cities where that
class abounds to escape convic
tion by smuggling one of their
number on the jury; it
is an incentive to bribery and
corruption; it is a fertile source
of false verdicts and a relic of
barbarism and superstition that
ought to be abolished.”
In an able article by the Hon.
H. B. Brown, of Detroit, Mich.,
on judicial independence, pub
lished in the American Law Re
view for September and Octo
ber, A. D. 1889, he remarks in
conclusion; “in the civil cases,
both in Old and in New England,
trials by fury seem by a kind
of common consent to be falling
into disuse. A step, which I re
gard as a very decided one in
advance, has been taken in two
or tnree States by abolishing the
rule of unanimity and permit
ting a verdict by the consent of
nine. This will obviate a vast
number of disagreements b y
eliminating the man who has
been approached, and the man
of oblique perceptions, to be
found upon almost every jury,
who can never see things a s
others see them.”
In a letter to him, Judge Sa
bin, of the Federal Court of Ne
vada, remarks; “I have had
several years, experience in Ne
vada, while at the Bar, of the
practical working of the rule,
and I wholly approve of it. I do
not think that either the Bar or
the people would consent to go
back to the former rule of unan
imity of verefe . In this state
(California) the rule has been in
effect about ten years, I thihk.
In neither State has it ever been
sought to restore the old rule.,
I do not presume it ever will be
restored or desired.” He further
remarks in favor of the new
rule: In refusing the verdict of
nine against three, it seems to
me we are very illogical, if not
irrational, as We give to one of
three dissenting jurors full force
and effect, and none to that of
the other nine—just as ho :.est,
intelligent and rational as the
other one or three.”
I have been informed that in the
Constitutions of the four new
States—North Dakota, South
Dakota, Washington and Mon
tane—the rule of unanimity
in verdicts, in both criminal
and civil cases, has been abol
ished, and a rule of a majorty
of two thirds or three fourths
substituted.
The people of these new States
are to be congratulated upon the
reform in the system of trial by
jury The practical test of the
new rule will readily secure the
approval of all law-abiding and
patriotic citizens,as it has in Cal
ifornia and Nevada. It is to be
hoped that in the older States
the example will be followed,
and that the people will see to
it that the laws are framed in
the interest of the law abidin
citzens, and are so administer!
in our Courts as to be a terror to
evil-doers.
In our career as a people, to
this complexion has it come,
that the good, the patriotic and
true citizens of the land, aided
by an enlightened press, that
great lever of public sentiment,
must unite in an earnest effort
to protect the community a-
gainst the outrages of the dar
ing law-breakers, whose in
creasing numbers threaten the
peace of society, and in this di
rection the whole weight of your
influence, and that of all offi
cials of the Court, should be
cast.
Fine large Bunch Raisins, new
crop. West and Honour.
Where to Gat a Nica Luncheon
Parties who may visit Char
leston during Gala Week will
find the Woman’s Exchange, on
King at., a fe v doors below
Market St., a good place to pro
cure a lunch. The nicest of
soups, oysters, chicken_ salad,
G. Raines came to his death
from a gun-shot wound, inflict
ed by J. H. Witherspoon, and
that Rachael Neil, Malissa Neil
and Lee Parnell accessores
thereto. Lee Parnell has been
put in jail; the others are at
large.
Queen Olives, large bottles,
50cts. West and Honour.
for the S. C. State
School Association.
a
1 legislative ticket. We will not
repeat what was said by those
unday j counsel, but alone and unaided tremendous import to the peo-
was compelled to’defendlhimself P^ e - D 1 oach State Government
against the skill, zeal, ability a majority of the voters elects
California Lemon Cling Peach- an( j unscrupulousness of the the Governor, Representatives,
es and Bartlett Pears, 40 cts per King’s counsel, who was not re- ? nd ab county officers, a major-
can ; West & Honour. stricted to the use of direct tes- ^ be legislators enacts the
' timony but made free use of ^ awR a, . ld elects the Senators and
Th« County Fair hearsay evidence and written 1 Judges, and a majority of
The Secretary of the Darling- affidavits of absent persons apellate Courts interprets
ton Fair requests us to Fay whom the unfortunate accused the law8 aad renders all judg-
that he will be at the office on was not permitted to confront ™ entH r ® f tbose Courts affecting
the Fair Grounds all day on nor to cross examine. To the aa d , pro Pf t r ^;
receive en- uccused, thus overwhelmed with Should the President or other
disadvantage, was not accorded: executive officer, or a justice of
ries with reluctance
It very often happens that ju-
who were opposed to the motidh,
nor by those who favored it, it
being our intention to do every
thing possible to allay strife. It
is sufficient to say that the con
clusion reached by the majority
of those present was (to ouote
the language of several of them)
that “while the legislative ticket
already nominated would d us
no good, it could hardly do _ us
any harm”, and that nothing
should be done to stir up any
further bad feeling in the
■ County. When the question
was put, Dr. Willcox was again
Wednesday next to
tries, after which the books will
positively be closed. He says
that all who expect to become
exhibitors wouldjconfer a favor
by sending a list of the articles
to him by mail so that he can
make out the tags and have
them ready when the articles
reach him. The Atlantic Coast
Line will not run a special train
from Cheraw, but visitors will
use the regular passenger train,
on which the rates are as fol
lows: from Florence 30cts,
Floyds 25cts, Doves 25cts, Socie
ty Hill 50cts, Cneraw 80cts, for
round trip tickets.
the right to testify in his ©wn ® a P r ® me p ourtbe impeach'
behalf, and should the jury, af- f 4 . ° f bl S b enmes, he would be
ter all, see fit to find a verdict ^ b y Senate, a majority
of acquitral against the opinion two-thirds of which body can
of, and to the displeasure of, the co “7 1 ?^ bltn ! and 80
King’s Judge and the King’s ^rith th# executive and judicial
counsel, they were liable to be- officers of the States. Yet it re
fined and imprisoned onthespot J 111 ™ 8 tbe unanimous verdict of
for such grave misconduct.
No wonder, under such cir
cumstances, that the law requir
ed that the verdicts should be
unanimous, and that to the ac
cused was accorded by law the
right of twenty premptory chal
lenges, and to the Crown the
twelve jurors to convict a thief
or acquit an innocent man.
A majority of the Supreme Court
of the United States can pass
upon life, liberty or property of
the citizens, and so does the ma
jority of the Supreme Appellate
Courts of the several States.
ries after retiring for delibera
tion are forced to abolish the rule
of unanimity and agree that a
fixed majority shall rule, and at
times settle disputes by drawing
lots or casting up “heads and
tails,” or by having each juror
to put in his estimate of the
damage to be found, and from
the sum total strike an average
by dividing by twelve.
Verdicts reached by these hap
hazard ways are entitled to as
much respect as those extorted
by duress of imprisonment.
All that I have said has been
inspired by reading a very able
article on the subject by tbe
Hon. Henry C. Caldwell, U.
6. District Judge in Arkan
sas, published in the American
Law Review for November and
December, A. D. 1888. In con
cluding his article he says of
this rule of unanimity:
“The rule encourages crime;
it is theAope of the guilty,
and the trust of the disnonmt
and litigious suitor ; it ob
structs and delays justice; it
shrimps, hot tea and coffee will
be for sale at lower prices than
are usually charged at restau
rants, and parties will be served
by the ladies themselves in their
handsome parlors. Be sure to
call at the woman’s Exchange.
Spagnetti, Macaroni, Vermi
celli. West and Honour.
A Dark Trsgsdy.
J. H. Witherspoon shot and
killed J. G. Raines in Cypress
Township, about 17 miles from
Darlington, on Tuesday evening
last. Mr. Raines, accompanied
by hit ton, John Raines, went
as the authorized agent of
Messrs. Worth & Worth, of
Wilmington to Witherspoon’s,
place to collect a certain portion
of a crop due them by Wither
spoon and his aunt, Mrs. L. E.
Witherspoon. The elder Raines
was armed with a pistol and
his son with a gun. When
they reached Witherspoon’s
place, the parties became in
volved in a quarrel, as the re
sult of which Raines received a
mortal wound. The coroner’s
jury found that “the said Jas.
Th« Criminal CalanSar
Court was called to order on
Monday morning by His Honor,
Judge Hudson, tne Solicitor and
Stenographer occupying their
accustomed places. After a n
exhaustive choree from the
Judge, which will be published
in full elsewhere, a number of
indictments were given out to
the Grand Jury, aud that body
summarily relieved the Court of
a large portion of its labors by
rendering “no bill” in a large
number of cases.
The first case tried was that
of the State vs Thomas Fudge
charged with forcibly entering
the hen house of Mr. Jefferson
Windom, on a certain night in
last August, and taking there
from three fat turkeys, one
splendid gobbler and two plump
hens. There was no evidence
that Fudge had previously ob
tained the consent of Mr. Win
dom before taking the turkeys.
In fact Fudge neglected to in
form Mr. Windom of his in
tention, and was so ungrateful
as to deny that he ate tne tur
keys andenjoyedtheir juicy fat
ness. Now Mr. Windom had de
creed in hisjmind that the gobbler
should be sacrificed for Thanks
giving Day, and his imagina
tion dwelt pleasingly on the
picture of himself seated at the
head of his well-laden board
on that occasion, as he devoutly
expressed his gratitude to Prov
idence for His bounty, at the
same time having one eye fixed
on the fat breast of the turkey
before him. But Fudge feloni
ously denied Mr. Windom this
devotional exercise by taking
the turkey as aforesaid. Fudge
was his own lawyer and further
ed the ends of justice by his splen
did management of his case.
The jury found no dificulty in
comeing to a conclusion, and
pronounced a verdict of guilty
after short delibration.
The trial of cases proceeded
slowly. Tjhe only other one
heard up to Wednesday night
was that against Warner Bass,
a colored boy about eleven year*
old, charged with burglary and
larceny. On a certain night in
ugust last some one entered
the yard of Dr. J. C. Wilcox,
and stole three chickens. On
the following day the defendant
sold three fowls to a lady in
town, which witnesses for the
State alleged were the same that
were taken from Dr. Wilcox’s
premises. The defendant was
acquitted. He was represented
bv Messrs. Boyd & Brown.
The case against Kelly Powers,
charged with murder, will be
tried today (Thursday). Kessiah
will be tried on Friday and the
arson case on Saturday.
True bills were found in the
following cases: Samuel Spen
cer, burglary and larceny; Esau
McIntosh, murder; W. Malcolm
Kessiah, criminal assault; Moses
Brown, housebreaking and lar
ceny; Jamesl. Schafe, and Mose
Johnson, assault and battery;
Tim Brown, maliciously and
negligently setting fire to grass
and letting same get out; David
Hodge and Willie Beasley, ar
son; Geo. Modlin, receiving stol
en goods; James Harvey, privi
ly stealing from the person. Ed
Moses plead guilty to a charge
of housebreaking and larcencv,
and was sentenced to eight
months in the penitentiary. An
drew Pickens, charged with lar
ceny of live stock, had his case
transferred t o Williamsburg
County for trial, and Hawley,
the bigamist, was sent t o
Florence County. The case a-
gainst Lucian Gilmore for as
sault and battery was continu
ed, as was also that against Al
len Robinson, charged with ob
taining goods under false pre
tences.
The Grand Jury found “no
bill” in the following cases :
Williams. Carter, Buck Cassidy,
Frank Osborne, William F.
Howie, Thomas Gardner, Evans
Lightly, Effy Douglas, assault
and battery ; Joseph Lide, mali
cious mischief; Murray Knotts
and Israel Davis, murder. The
following were nol pressed on
paymentof the costs: John Jack
son, assault with intent to kill ;
James Register, carrying con
cealed weapons; John Truett,
Weldon Truett and James Reg
ister, riot and assault and bat
tery; Edgar Sams, assault and
battenr. The Grand Jury made
their final presentment on Wed
nesday afternoon, and were dis
charged.
pound wood pails
our.
jellies in 5
; West & Hon-
MAMMCD.
At Florence, S. C., on Sunday,
Oct. 19, by the Rev. Father
Wright, Miss Rosa Sanders, of
Charleston, and Mr. W. J. Ear*
ly, of Darlington.