The Darlington news. (Darlington, S.C.) 1875-1909, March 29, 1894, Image 2
&hf Darlington Uro.
Pdblishkd Evkrt Thursday
Hornino.
^iSNRT J, JHOMPAOR,
PROPRIETOR.
TERMS—$1 Per Annum in Advance;
90 cents for 8 mouths; 29 cents for
3 months.
Advertising Rates:
One Square first insertion $1.00
One Square second insertion 90
Rvery subsequent insertion 90
Contract advertisements inserted
upon the most reasonable terms.
GIVEN HIS LIBERTY.
(Continued from Page 1.)
guilty, that Scott fired the fatal
shot; in other words, they be
lieve that Scott told the truth
when he said that Janies hired
him for the purpose of having
him kill his father, but that he
lied when he said it was Wil
liams who fired the gun, a con
clusion which, it is said, was
unanimously arrived at by both
of the petit juries that convict
ed James. If he was false in
this one vital particular, is it
going too far to assume that he
may have been false in all?
“It is desired to call the at
tention of the executive to the
first of t h e above-mentioned
reasons, in particular, namely
the different stories which Scott
has told about this tragedy.
The fact that he told Mr. Ward,
his attorney, a totally different
version of the affair from which
he gave on the witness stand,
has never been disputed, but
owing to the peculiar legal
technicalities in the way, the
defendant, James, could never
make use of this fact in his be
half. the circuit judge having
held that the statements made
by Scott to Ward were privilegl
ed communications between atl
torney and client, and were]
therefore inviolable. While
bowing with defference to the
opinion of the court, we cannoll
refrain from calling his excel!
lency’s attention to the fact]
that in all of the States where)
this particular question has
been raised, South Carolina is
the first to decide it in this man
ner, and that this conclusion
was reached by our court with
out the authority of a single
other court throughout the
length and breadth of the counl
try to support it. On the con]
trary, in the States of Michi-I
§ an, Massachusetts. Mississippi,
brth Carolina and New York,
it has been held that the privi
lege is one created solely for
the protection of the client, and
that there is no ground for any
further protection when he
waives it. That when a con
federate in a criminal case turns^
State’s evidence and has atl
tempted to convict others b\l
E roof, also convicting himself,
e has no right to claim any
privilege concerning any of the
facts bearing upon the issue.!
That if he could be permitted to]
hold back anything upon the
ground that it was a privileged
communication between attor
ney and client, injustice might
be done the defendant, either
by the keeping back of testi
mony which would tend to his
acquittal, or which would so
discredit the witness as to in
duce the jury wholly to disre
gard his previous testimony;
that the testimony of a witness
who turns State’s evidence
comes in such questionable
shape, that it should in the in
terest of truth and justice, be
subjected to the severest scru
tiny and acted on with the
greatest caution; that there is
no case in which cross exami
nation is more desirable and im
portant to test the credit of a
witness, than that in which one
man is seeking to save his own
life and liberty and swearing
away the life or liberty of others
In connection with this subject,
the attention of his excellency
is called to the ‘statement of
the case and points and author]
ities of appellant,’ Jos. W
James, filed in t h e Supreme
Court, at the November term,
isao. But granted our own
courts are right, and those of
the other States enumerated, all
wrong, that the statements
made by Scott to his attorney
were privileged, and that the
latter was prevented by the rules
of law from divulging them on
the witness stand, then the de
fendant, James, was restrained
by a legal technicality from
having both sides of the case
developed before the jury. It
is not disputed that Scott told
two stories which were totally
at variance with each other.
The jury got one criminating
James, but the other was kept
from them. In appearing, how
ever, before his excellency with
a prayer for the exercise of
clemency, no technicalities of
the law can prevent both of
Scott’s stories being presented
to him, so that he can weigh
them carefully side by side and
reach a just conclusion as to
whether, in view of the other
story which he told, the human
mind could arrive at the con
clusion beyond a reasonable,
doubt, that Jos. W. James hired |
the hand of assassins to murder
his aged father.
“Old man James was thor
oughly despised in the com
munity in which he lived. He
was high-tempered, ignorant
and dictatorial; he was, more
over, a miser and an inveterate
rake. So great was this last
named evil propensity of his
that, as is well known in the
community in which he lived,
he had broken up many a home
among the colored people by
coming in between husband and
wife. As is to be supposed, un
der such circumstances, he had
a perfect host of enemies, and
he had been shot at from am
bush no less than three distinct
times before his life was finally
taken. On every one of these
occasions certain parties were
arrested and tried for the shoot
ing, the theory of the State rest
ing in every case, upon the idea
that the old man's rakish pro
clivities had brought him into
the trouble. About the time of
the third of these trials which
occurred a year or two before
the old man was killed, it began
to be whispered that Joseph W.
James was at the bottom of the
trouble. There is strong reason
to believe that this suspicion
owed its origin to one who was
a bitter personal enemy of the
father and the son; anyhow this
was the party who first inform
ed the old man of it. On hear
ing what he had to say the old
man became furiously angry
with his informant, cursed him
violently and never spoke to
him again as long as he lived.
On the contrary, the father con
tinued to go around with his son
as before, and seemed to have
the utmost confidence in him.
If the theory of the defense be
correct, that is that Joseph W.
James had nothing to do with
the death of his father, but that
Bill Scott was the real origi
nator and ex -cutor of the diaboli
cal design against the old man,
when Scott is apprehended and
brought to jail, cut off from his
fellow creatures, and intimida
ted by all the many circum
stances which tend to crush
down the ignorant and helpless
under such conditions, with his
life, as ho imagined, hanging
on a mere thread, compelled to
find a scape goat for his sins be
fore he was undone, whom, un
der the circumstances, would
it most naturally occur
to him to charge with
having instigated to revolting
crime? Once announce a theory
in a rural community where
news is scarce and there is little
to talk about, where the slight
est piece of gossip is talked over,
from every standpoint until it
is threadbare, and you can
easily find the facts to build up
to that theory and can establish
it as a truth by starting out
with it and working backwards
—particularly if t h e circum
stances of the case are of as an
unusual and sensational nature,
as they were in the James mur
der. To free himself in his dire
extremity, Scott remembers the
whispers he had heard about
Joseph W. James and boldly
lays at the latter’s door the re
sponsibility for his own foul
crime; then certain people of the
neighborhood in which James
lived, many of them utterly un
worthy of belief, came forward
with all sorts of incidents to
support his theory, not one of
which would have the shadow
of a substance to rest its atten
uated length upon if you elimi
nate from the case Scott’s state
ment on the stand, and that
statement, as has been seen, is
by no means removed beyond
the realms of doubt and uncer
tainty.
“Let us briefly consider why
this terrible story against young
James gained such currency,
for patricide is a horrid crime
and the human mind is loath to
believe a charge of this kind.
First, as to young James’ hab
its of life : He consorted with
negroes and was frequently in
company with these two very
men, Scott and Williams. On
the night the old man was laid
out Joe was seen t j hold a con
versation with Bill Scott near
the well in the yard. One of
the strongest points in the
State’s case was that a witness
named Fields said he heard Joe
say to Scott, “I’ll pay you;” the
witness confessed, however,
that at the time, he thought the
remark had reference to the old
man’s grave. But the father of
the witness Fields, has said
since the trial in the presence of
Mr. Thomas H. Stokes, the fore
man of the petit jury charged
with the trial of the case, and
in the presence ot others also,
that his son had lied on the
stand; that his son had frequent
ly told him that he had not
heard what had passed between
Scott and James at the well,
and that since his son had de
livered himself of his purjured
testimony, he. the father, had
turned him out of the house.
“Young James not only con
sorted with negroes, as we have
said, but it is more than proba
ble that he had more than once
heard them curse and abuse his
father in his presence. They
had reason to hate him and they
made no concealment of their
feelings. Joseph W. James is
naturally of a very phlegmatic
disposition, takes everything
easy; there is no doubt about
his father having been mean to
him, and yet the evidence shows
that he was a perfectly respect
ful and obedient son and had
never given his father a cross
word in his life; that the two
were inseparable and were in
variably seen together in their
rides and walks about the coun
try. Good hearted, indifferent,
with little education, never
taught to restrain his animal
passions, surrounded by the
very lowest influences all his
life, he must not be measured
by our standard but by his own
surroundings. His evil com
panions, his disposition, and
many other circumstances con
spired to lend some color to the
tneory of the State. His moral
sense is blunted—there can be
no doubt of that—and that is
the reason he is now suffering
for this crime. A thorough sift
ing of the testimony, going to
corroborate Scott, in the light
of the circumstances surround
ing James’ life as outlined
above, will reveal the fact
that they are absolutely without
any significance as indicating
his guilt or innocence and they
will not be regarded for a mo
ment. The State says he killed
his father or tried to have him
killed, immediately after the
old man had executed his will,
leaving all he had to his son. A
strong point ? Yes; but it must
be remembered that the son was
the old man’s only heir. He
would have gotten all the
property at his father’s death
even if there had not been a
will, so why was he so anxious
for the death of the old man af
ter the execution of the will
than he had been before ?
“The fact that 1,500 citizens
of Darlington county, a large
number of whom were women,
have signed a petition for James’
pardon is an indication that
there is a feeling of unrest in
the public mind; that a consid
erable portion of the people of
Darlington county do not want
to see a man kept in prison all
his life on circumstantial evi
dence, bolstered up by the con
fession of a negro thief and as
sassin. The petition is signed
by Mr. Thomas H. Stokes, the
foreman of the jury which con
victed James, who feels dissat
isfied, and now thinks that the
defendant ought to be pardoned.
It has also been signed by two
of our representatives in the
Legislature, nearly every one of
the county officers, and by the
prosecutor himself, ex-8heriflf
Cole, who, more than any other
person living, accomplished, by
his untiring efforts, the convic
tion of the defendant. In fact,
taken all in all, it is one of the
strongest papers ever sent out
of Darlington county. The
principle signers are the people
from the country—those who
have known James from his
youth up to now; those who
knew his father, Bill Scott and
all the circumstances surround
ing the lives and characters of
all of them. It has been signed
by the men who took enough in
terest in the fate of their fellow
citizen to crowd the court house
day after day while the long
trial lasted, and who are yet un
convinced.
“A great many things have
conspired to prejudice the de
fendant’s case. As your excel
lency is aware, the Constitution
forbids a circuit judge from
rging on the facts in the
case. In this connection we
woul 1 ask your excellency to
read Judge Pressley’s charge on
the occasion of James’ first trial.
The answer to this argument of
ours will be that James was
compensated for the injustice
inflicted upon him by Judge
Pressley when the Supreme
Court granted him a new trial
Did that make amends for the
injury he had received ? On
the contrary, there are people
in Darlington to-day who have
never heard the evidence who
believe that James is a guilty
man simply because Judge
Pressley said he thought so—so
highly is the legal opinion of
this great jurist regarded—and
we respectfully submit that this
unwarranted expression of opin
ion on the part of Judge Press-
ley has given a coloring to the
case which affects it to this
day.
“In passing, we must not for
get to mention the fact that af
ter James was arrested, and be
fore he was tried, he was let to
bail in the sum of $4,000. He
( [ave the bond and was set at
iuerty, and the friends who
stood his security were so in
demnified against loss by him
that if he had wanted to leave
it only remained for him to do
so.
“It is also worthy of note that
the present presiding judge of
this circuit, Hon. R. C. Watts,
who followed the case with in
terest at the time of the trial, is
convinced that the defendant
was not tried fairly, and does
not hesitate to so express him
self.
“Rarely does it fall to the lot
of one charged with crime to be
as utterly destitute of family
ties as was this defendant, a
statement which is not made
for the purpose of arousing un
due sympathy for him, but in
order to present to the mind of ]
vour excellency a view of the !
case which is well worthy of!
consideration, namely, the kind- j
ly offices in an affair of this
kind which can be performed by
a man’s relatives better than by
any one else in the world. Kin
less and alone, there has been
no chance of arousing sympathy .
in his favor by an appeal to ties !
of blood or family influence 1
which have availed with more
fortunate men, and the only i
ones whom Joseph W. James
now has standing by him are
those who have been attracted
to his cause by a firm belief in
his innocence and the natural
regret they feel that such a
man should pass his whole life
in the penitentiary.”
CACTIOR.—If m df»l-r o(I-r» W.
Douglas hhosa ot a roducMl prior, or SOTS
ho boa them without name stamped oa
bottom, pot him dawa a* a fra ad.
Invited.
Darlington Lodge
No. 7, Knightii of Pythi!
an, meets on 1st and 3rd
Tuksday Evenings in
eaeh month, at I astle
Hall, Florence street,
opposite Broad. Visit
ing brothers fraternally
a.O
Mies
»8
®M|JYS
\75
W. L. Douglas
4fto OUrkET BESTIR
90 Om/Bi THE WORLD.
W. It. DOUGLAS Shoe* are •tylish, easy fit-
tiny, ind give better satisfaction stthc prices ad
vertised than any other make. Try one pair and
be convinced. The stamping of W. L. Douglas*
name and price on the bottom, which guarantees
their value, saves thousands of dollars snrually
to those who wear them. Dealers who push the
sale of W. L. Douglas Shoes gain customers,
which helps to increase the sales on their full line
of goods. They can afford to sell at a less nrotit.
and we believe you esn save money by buying all
■ ‘ a< | ve rtte<l below.
Watches Repaired
AND WARRANTED,
— AT —
MASON’S JEWELRY STORE.
Febl6—tf
Catalogue free upon application. Address,
LAd, Brockton, Mass. Sold hw
your footwear of the dealer
Catalogue frf *’
W. L. DOUGJ
A.. J. BROOM,
Darlington, S. C.
Febl—9m
| P Vow. O-/0 uici t? V- ■■
puJsrOT\sj7 ) (l'
ThE DaR,Li^qro^/)f
' ~ JoP, Orpiee
WHNTEDI
Our customers and friends throughout the county to know
that we have just opened the
Largest Stock of Goods
We have ever had the pleasure of offering to the public, and
that these goods were bought with a view to the present hard
times, which means that in order to sell this large stock, we pro
pose
TO WORK ON SMALLER PROFITS.
We ask the people of Darlington and adjoining counties] to
sustain us by giving us their patronage and we will not disap
point them.
Remember, our stock embraces everything in the way of
Dry Goods, Clothing,
Shoes, Hats. Hardware,
And Groceries.
Respectfully,
BRUNSON, LUNN & CO.
J.D. BMIRD
“The Furniture Man”
Has a large and varied stock of Fancy
I
THE “CALIGRAPH.”
It is now ""N
Thirteen years since the
“Caliqraph” Typewriter
kwas first put upon the mar
ket and in all that time has
responded faithfully to
what is required of a first-class writing machine.
The Caligraph is recognized everywhere as the
most simple and most durable typewriter. It is
easily learned, does beautiful work, and will last a
decade, if properly cared for. In speed contests it
has repeatedly taken first place and in telegraphic
work has nevei been excelled. For manifold work
it has no superior. With interchangable parts the
Caligraph is well nigh indestructible. The expe
rience of business men, ministers, telegraphers,
short hand schools and government departments all
go to prove that the Caligraph is without a peer.
SOLD OUST E-A.STT TEBMS
which can be ascertained by applying at The Dar
lington News Office.
C. Irvine Walker, Jr.,<feCo.,
GENERAL AGENTS,
6 BROAD STREET, - - CHARLESTON, S. C.
What is
Castorla Is Dr. Samuel Pitcher’s prescription for Infimts
and Children. It contains neither Opium, Morphine nor
ether Narcotic substance. It is a harmless substitute
for Paregoric, Drops, Soothing Syrups, and Castor Oil.
It is Pleasant. Its guarantee is thirty years’ use by
Millions of Mothers. Costoria is the Children’s Panacea
—the Mother’s Friend.
Castoria.
“Castoria is so well adapted to children that
I recommend it as superior to any prescription
known to me." IT. A. Archer, M. D.,
Ill Go. Oxford St., Brooklyn, N. Y.
“ The use of ‘ Castoria ’ is so universal and
its merits so well known that it seems a work
of supt.-erogation to endorso it. Few ore the
intelligent families who do not keep Castoria
within easy reach."
Cjju.os JLartyn, D. D.,
New York City.
Castoria.
Castoria cures Colic, Constipation,
Sour Stomach, Diarrhoea, Eructation,
Kills Worms, gives sleep, and promotes di
gestion,
Without injurious medication.
“For several years I have recommended
your ‘Castoria,’ and shall always continue to
do so os it has invariably produced beneficial
results."
Erwin F. Pardee, M. D n
125th Street and ?th Ave., Now York Ctty.
The Centacr Compi nr, 77 Murray Street, New York City
LAW CARDS.
R. W. BOYD.
GKO. W. BROWS
BOYD A BROWN-
Attorneys and Connselors at Law
Office in brick building south of
the Bank of Darlington.
DARLINGTON G B., & C.
PROMPT PERSONAL ATTENTION TO
ALL BUSINESS.
WHITING
at
15°, 20°, 25° & 30° A YARD.
The latest thing out is our
Matting Rugs.
We have them in asssorted patterns. Just received, a large
line of Opaque and Scotch Holland WINDOW SHADES mounted
on the Hartshorn Spring Stop Rollers. We are pleased to state
that we are selling the above goods much cheaper than they have
ever been sold in this market. Come in and see us.
Jan 4—
«. W. DARGASt. H. T. THOMPSON.
DARGAN & THOMPSON,
Attorneys at Law,
Office in Darlington Guards’
Armory building, lower floor.
Darlin/fton. S. 6’*
Eftablifhed 1858.
Re Established 1889.
BOWLES. Painter.
Insure Vour Property
WITH
F. E. IsTOtR^EHsTT,
Who represents the
lib mu me m is m ms \
Satisfaction Guaranteed. Represents Twelve Firet-
daee Companies.
September 11.1890
E. O. WOODS. T. H. SPAIN
WOODS&SPA1N,
(Successors to Ward & Woods,)
Attorneys & Counsellors at Law.
Offices formerly occupied by
Ward & Woods, over Bank of
Darlington.
Practise in State and Federal
Courts. Prompt personal atten
tion to all business.
THE MUTUAL LIFE IHSURAHCE
COMPANY OP NEW YORK
RICHARD A. McCURDY, President
Tot tho yew ending December Si, 1893
Income
Rewired for Pmalma
Freni nil other w.rcci
|3n,f'u,sr.: 01
ill
$<l,M:;,14i l*
Disbursements
t20,ss.-,,4T3 n
fl,4S4,S 7 41
t>;
To Policy-holder.
For nil other ncconnt. -
Assets
CnKed State. Bond, and other
Hecnrltle. - . . 873,S30.3S3 41
Pint lien l.oan, on Bond and
Hortgnye .... 9.1
l oan, ot Stork, and Benda , ,4!r. 00
Real Eilat. .... ls,ostJ,l.i1 »:>
Cash In Bank, and Tnut Com.
panie. .... 10,S44,C01 S3
iccroed Interot, Deferred Pw.
ml.mqdc, - . . . e t C09 ! C08 S'>
_ . ti(Mi l ;d;,88o it
Bwerre for Polleln. and other
Uabllltlen - . . ld9.7tli.eTl S t
Snrplu. ■ .
. ||17,l»i3,*6s~ J
Innrane. and Aanallle.
auanied and reuem-d
Nom—lonumne. ]
kUlmnt all
hnidud.
—lamne. nmly nrilttt 1. 4
; u wkoIlT aiiikidje, i d anlr i
1 pud for in euk is iaeludO.
t:os,ct>2,5:3 n
sanH frratt s
Lnmass utaaT.y
I haw carefully examined the fotecoln r Stale-
ment and find the same to be correct.
CiiAhuu A. PanuaiB, Auditor
From th. Surplus a dividend will be apportioned
aa usual.
ROBERT A. QRANNI88, Vna-Plittiotnr
Waite* R. Gillette General Maria-
Isaac F. Lloyd stl Vice-Pros Je
Fnnnnmc Cnosnrnu. Troisui
Emory McCuntock ll.d. *.la. Aciua
F. H. HYATT,
General Agent, for South Carolina
COLUMBIA, S.
B. F. CAMPION.
To Our Customers of the Pee
Dee Section:
We have decided here
after to conduct our
business in your terri
tory direct with buyers.
We can thus better as
sure you of prompt at
tention, low prices, and
clear agreements not
liable to misunderstand
ing and confusion as in
past under a different
system.
To responsible and
honorable buyers we
will make it an object
to correspond with us,
and we want to deal
with no other class.
Write us for prices on
any make or kind of
machinery you want,
and we will make an
honest effort to serve
your best interests.
W. H. GIBBES, JR., & CO.,
COLUMBIA, S. C.
, Jec28—ly
DiMitgriigii Mire Hairing
o
Old Furniture Made to Look as
Well as New.
WORK ROMUTED.
Exchange street, in rear of Dar
lington Guards’ Armory.
DARLINGTON, - - - S. C.
Feb8—tf
Great Barge
IS
Sewing Mach:
Some of them almost as goc
ore now offered at the I
Armory building
THOMPSON, Attc
the White Sewing Machine
W.B. McCIRhll.l
Offers his professiuuai
the people of Darlington a
Office OTer the store of Ed
pent * do.
Jap 19,’»0-Iy