The county record. [volume] (Kingstree, S.C.) 1885-1975, April 15, 1897, Image 6
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CAN'T KEEP LIQUOR
IN YOUR HOUSE UNLESS IT IS OFFICIAL
OR STAMPED.
Inportant DccUion Result of > Divided
Court Justice Mclver Calls Attention to
tks United States Court's Decision.
By reason of aa equally divided
court the State supreme court has rendered
a decision to the effect that a
man cannot keep two and a half gallons
of whisaev in his house for his
own personal use, without the com
missioner's stamp upon it, without
laying himself liable to criminal prosecution
under the dispensary la1*.
The decision was rendered in the
case of Anderson Chastian and the
judgment of the circuit court below
stands affirmed. Chief J ustice Mclver
and Associate Justice Gary have filed
very strong opinions against sustaining
the finding of the lower court
Mr. Justice Jones nies me opinion un
the other side, in which Associate;
Justice Pope concurs. In the-Florence
case recently decided, in which
the court was equally divided, the appellants
have submitted a request that
a rehearing be granted before all the
judges sitting en banc. No doubt a
similar request will be made in this
case. Chief Justice Mclver,in his opinion,
thus presents the matter in substance:
The defendant was found guilty and
sentenced to pay a fine of $100, or go
on the chain gang for three months
for having in his posse ion two and a
half gallons of corn whiskey, which
had no 8tate stamp on it. On this j
judgment an appeal was taken to the
supreme court of the State.
The appeal was taken on the following
grounds in brief *
First. Because his honor erred in ;
charging the jury as follows: "The '
question is did he have liquor there, .
keeping it there without any stamps ;
on itf If so, he must show that either '
be bought it through the regular
channels, the dispensary, or that he '
obtained it from the State commissioner
the proper stamps to be put on !
it" and should have charged the jury ,
instead that the keeping of a small |
quantity of liquor in his dwelling ,
house for his own use and not to be
bartered dpes not coostitute a crime.
Second. That it is only the storing
or keeping m possession of alcoholic <
liquors for tome unlawful use or pur- <
pose, which is made an indictable offense
by statute and his honor erred i
in not so holding.
The chief justice states th at from the
testimony, the State constables found
* in the dwelling house, while defend- <
ant was absent a three gallon jug
containing about two gallons of corn
whiskey, which they seized, because <
there were no stamps upon it from the
State commissioner. There was no
testimony to show that the whiskey
was for sale or any other unlawful <
purpose or that the defendant had
ever sold whiskey. On the contrary
the defendant stated that he had obtained
the whiskey about three weeks ,
previous for his own personal use and
for no other purpose, because he was ,
^ ja bad health and needed it; that he
had never aold any whiskey and could
not tell how much of it he bad used
before it was seized. It was admitted
that the whiskey had not been bought |
from a dispensary and it had no |
stampsron it. The charge of the cir- .
* cuit judge was as follows: "Them- j
dictment is for storing and keeping in
possession alcoholic liquors. If a man j
undertakes to keep liquor he must
have the stamp of the State commissioner.
The question is did he have
liquor there, keeping it without any
stamp, if so he must show that he |
bought it from the dispensary or that ,
he obtained from th? Slate commis- ,
sioner the stamps to put on it The <
law pi events this storing of liquors, |
shows how it may be kept safely \
without any trouble and if a man is
not mindtd to put himself to that ,
trouble, then he>ill have to look out ,
for the consequences."
The chief justice goes on to say that <
the circuit judge proceeded upon the ,
theorv that it is an indictable effense
for a nerson to have in hia possession
alcoholic liquors, even for his own
use, unless the required stamps are
upon it In the first place the indictment
does not charge any such offense
for it does not charge that liquors
-were found without the requisite
stamps. On the contrary the charge
is that the defendant unlawfully stored
certain contraband liquor. In the
second place an examination of the
dispensary law of 1896 fails to disclose
any provision making it an indictable
offense for a person to have liquor in
his possession without the stamps of
the State on it. There are several pr>
visions in that act making such liquor
liable to seizure and forfeiture,'but
none declaring that the mere fact that
a person is found in possession of alcoholic
liquors without stamps aha! 1
constitute a criminal offenseThe
sections of the act, which it is
contended sustain this prosecution are
the 1st, the 25th, the 26th and 35th,
and these sections are considered in
the opinion of the chief justice.
After quoting the first section he
says that it is divided into two distinct
parts; the first part makes it?
pena1 offense to do any of the acts
therein forbidden, while the second
part was intended to render the litn
liable to seizure
without a warrant and to forfeit them.
In other words the first sentence affects
persons only and not property,
sthile the sqpond aifects property and
not persons. It is clear that the person
charged must cot only have manufactured,
sold, bartered, exchanged,
received or accepted, stored or kept in
his possession spirituous liquors, but
must have done so for some unlawful
purpose for that is not only the proper
gramalical construction of the lan?
guage, but also such a construction is
necessary to relieve the otlicers charged
with the duty of storing and
keeping of spirituous liquors from the
penalties prescribed. While the evidence
shows that the liquor in question
was kept in the defendant's dwelling
house there is no evidence tending
to show that it was kept for unlawful
use. On the contrary, the evidence
is that he kept it believing that it was
necessary for his bodily health. Unless,
therefore, the act contains some
provision making it unlawful to drink
or otherwise use for his own personal
benefit or gratification any spirituous
liquors not obtained from the dispensary
or not containing the stamps of
the State commissioner it is obvious
that one essential element of the of
fense charged is lacking. The set will
be searched in vain for any such provision,
and hence it cannot be said
that keeping and using any spirituous
liquors for one's own personal use or
gratification constitutes any offense
against the criminal laws of the State.
The 25th section is quoted and Mr.
Justice Mclver holds that it does not
even purport to create any criminal
offense but deals only with the seizure
and forfeiture of contraband liquor.
Indeed the proviso recognizes the legality
of the possession of certain liquors
which are not bought from the
dispensary.
The 26th section is next Quoted.
which it is contended was not'to create
any criminal offense, but to prevent
the courts from entertaining any
action for the recovery of the price of
any liquor so seized.
80 much of the 35th section which is
pertinent is quoted. It is difficult to
see what light 1 his section throws on
the subject. It certainly creates no
criminal offense except in the last paragraph,
which has nothing to do with
the case, in that it provides for a punishment
for imitation of stamps.
He cuncluded by saying: "A very
careful consideration of this case in
all its aspects leads inevitably to the
conclusion that the grounds of appeal
must be sustained." Finally, he says.
"Inasmuch as this opinion was originally
prepared before the recent decision
of the supreme court of the United 1
States in Donald vs. Scott, 165 U. S-,
68. was announced, I desire to avail
myself of the opportunity now pre- 1
seated of adding that it seems to me
absolutely necessary to adopt the con- 1
elusion wnich I have reached in order
to avoid a conflict with the decision of
the supreme court of the United States.
ha ie o final
WU1CU Ik ill Li Ok MI WUWUVV HI a aa
arbiter of all questions involving a
construction of the Constitution of
the United States."
JUSTICE GARY'S VIEW.
Mr. Justice Gary, in his opinion
concurring with the opinion of the
chief justice, after reviewing the
facts ot the case and quoting several
sections of the dispensary law applies
ble to the case says:
"When these sections are construed
together they show first that the act 1
does not prohibit, but on (he contrary
in express language, permits a person
to keep liquor in his possession for his
own use. Second, that in order to
throw the protection of the law around
the liquor in his possession for his use,
it is necessary to furnish an inventory
of the quantity and kinds to the State
commissioner and apply for certificate
to affix thereto.
"Third, that if the liquor in his possession
is seized because it has not the
necessary certificates and labels rfr ,
quired by the act, and he claims the
liquor the burden of proof is upon him
to show that it is for his own use.
"The act contemplated that there
would necessarily be some time after
the liquor came into possession of the 1
person for his own use before he could ,
apply to the State commissioner for '
the necessary certificates and labels.
If it was seized because it did not have !
the necessary certificates and labels, ,
he was even then to be deprived of the
liquor, provided ne couia snow n was
for his own use; but in that case, the
burden of proof would be upon him to
show it was for such purpose. Any
othe^ construction of the act would
make a person a violator of the law
who simply received as a present a
bottle of liquor coming from another
State, although it mtghl be his intention
forthwith to apply to the State
commissioner for the necessary certificates
and labels to affix to it
"A construction contrary to that
which we place upon the act would
even make a person a violator o: the
law who took a drink of whiskey nnless
it came from the dispensary,
"We cannot think this was the intention
01 the legislature. For these
reasons we concur in the conclusion
anounced by Mr. Chief Justice Mcl ver. '
JUSTICE JONES' POSITION.
Justice Jones, in his decision sus- i
taining the lower court, contends that i
the sole question for determination is <
whether the dispensary act of 1896 <
prohibits the storing or keeping of intoxicating
liquors without having on
the vessel the stamp of the State commissioner.
"The construction contAnriori
fnr ov the learned chief jus
tice," he holds, "would practically
nullify the dispensary law, for it is not
possible to held that the keeping of
intoxicating liquors in possession
without permission of the stamp is not
punishable unless it was kept for unlawful
use, and not be compelled to
hold the same thing in reference to
the manufacture and sale of such liquor.
Moreover, if a sale of intoxicating
liquors is not unlawful, unless
made for an unlawful use, then a
keeping in possession of contraband
liquor for sale for a lawful use is cot
unlawful. This would make a paradise
for blind ti/ers; I should say,
rather, there would be no blind tigers
since everybody could sell and keep
for sale intoxicating liquors openly
and with impunity.
"The construction we contend for
is not only the natural and grammatical
construction of the language used,
but is consistent with the scheme of
the dispensary act, whereas, the other
construction is the unnatural, ungrammatical
and destructive of the design
and operation of the dispensary law.
The question is one of construction
merely. It is simply our duty to declare
the law. We have nothing to
do with its wisdom or its severity.
The harshness of its operation, real or
supposed, should not in the least
swerve us from our plain duty. There
was no error in the charge of the
judge complained of and the judgment
of the circuit court should be affirmed.
a.
NEW SCHOOL RULES. |
SOME IMPORTANT CHANGES ADOPTED
BY THE STATE BOARD,
Regulations Which Are Expected to Increase
the Facilities and Usefulness of
the Pnbllc School System Of Interest to
Patrons and Teachers.
At a recent meeting the State Board
of Education adopted some rules for
the conduct of the public schools in
the State which are very important;
and, in some respects, departures from
previous regulations. These were
adopted after much discussion, it being
the desire of the board to make
the schools up to-date as far as possible.
Among some of the more important
regulations are the following:
Requiring examinations to be held
in every ccunty three times a year, in
February, June and September.
Certificates for first and second
grades only will be issued, but this
j A jjb tiL.vj .
uues aumueck iinru grauc i/ciuui/aiu
now in existence*.
No teacher shall be kin by consanguinity
or affinity within second de
gTee to a member of the board or principal
of a school shall be employed.
Certificates in one County shall be
good in another if it is properly registered.
Only school supplies authorized by
the State Board shall be purchased for
use in public schools.
The com plete text of the new rules
follow and must prove of interest to
patrons and teachers alike:
The State Board of Education shall
be governed by the following rules,
except when a rule is suspended by a
two third vote of the board:
Section 1. The Governor shall be
chairman and the State Superint endent
of Education secretary of the board.
Sec. 2. The Board shall meet in
January, May and {September of each
year and at such other times as the
chairman may designate.
Sec. 3. The secretary shall keep a
record of the actions of the board in a
book provided for that purpose.
Sec. 4. The order of business shall
be as follows: Calling to ordei, reading
of minutes of the previous meeting,
unfinished business, reports of
committees, report of the chairman,
report of the secretary and new business.
Sec. 5. All resolutions shall be reduced
to writing by the mover, and
likewise all amendments.
Sec. 6. A motion must receive a sec;
ond before it shall be entitled to consideration
by the board.
Sec- 7. The chairman and secretary
are authorized to fill all vacancies tha t
may occur in the County Board c-f
Education and to report their action
to the board at its next meeting for its
consideration.
Sec. 8. Should a vacancy occur in
the office of County Superintendent of
Education the other two members of
the county board shall perform the
duties of the office until the vacancy
is filled by this board and the chairman
and secretary shall so instruct
them.
?!??/ Q All ?rA<v\nr.ifts in the office
of Counly Superintendent of Education
shall be filled by ballot, and a
two third rote of the members present
shall be necessary to fill the vacancy.
Sec. 10. An applicant for a teachers'
State certi icate shall stand a satisfactory
examination before this board at
a regular meeting of the board, or,
upon spec al order of the chairman of
the board, the State Superintendent of
Education shall hold such examination
and report the same to the board
at itsnext rpeeting, for its consideration,
or preaent a full diploma from
some college or university of standing
satisfactory to the board.
In all cases applicants shall furnish
satisfactory evidence of good charac
ter. The certificate shall be signed by
I he chairman and secretary of the
board, under the seal of the office of
the State Superintendent of Education,
continue of force for tiro years, entitle
the holder to teach in the public
schools of .any County in the State
upon the registration of the certificate
in the office of the County Superintendent
of Education of the county, and
rftay be renewed at the discretion of
this Board. A State certificate shall
not be issued to any person undei #0
years of age.
Stc. 11, All scholarships in State in
stitutions shall be awarded a competitive
examination held byornnderthe
discretion of the State Superintendent
of Education.
Note: The manner of awarding
these scholarships, together with rules
to govern them, was not decided on,
further consideration being postponed
until the next meeting in May.
Sec. 13. The County Board of Education
of each Countv shall meet on
the third Saturday in February, June
and September of each year for toe
purpose of examining applicants for a
teacher's county certificate of qualification,
and the transaction of all other
business that may come before it, ample
puolic notice shall be given of the
time and place of all such meetings.
Sec. 13. Every applicant for a
county certificate shall stand a satisfactory
written examination before a
County Board of Education, on uniform
questions prepared and furnished
by the Slate Board, the examination
to b6 held in all the Counties on
the same day, or he or she shall present
to the County Board a full diplo
ma from some reputable chartei-ed
college or university of this State,
known to be of good standing. No
certificate shall be issued on a diploma
showing that the holder has completed
the course of only some particular
department of a school; the diploma
must show that the full college course
has been completed.
Sec. 14. Only on a grade of exami
nation questions shall be prepared and
furnished for the County examinations.
Sec. 15. There shall be but two
grades of teachers' county certificates
first grade and second grade this
not to affect third grade certificates
now outstanding.
i Sec. 16. To obtain a first grade cerI
tificate an applicant must make a general
average of not less than 75 per
cent on the questions submitted, and
not less than 60 per cent on any
branch; and to win a second grade
certificate the applicant must make a
general average of not more than 70
per cent and not less than 50 on any
one branch, Algebrabeing excluded in
marking for a second grade.
Sec. 17. No person shall be permitted
to take an examination who is
not at least 18 years of age, and before
taking an examination each applicant
shall satisfactorily pass such
oral test in reading and language as
the Board may impose.
Sec. 18. A certificate shall not be
renewed by the board issuing it.
Provided. That if a teachers' institute
is held in the county, a first grade
certificate fhall not be renewed unless
the holder attends the institute, and
provided, further. That if the holdAowfifiAofn
atfAn/lfi
CI a ul o ocwum g a auo muwhwv hw>vm??m
the institutes second grade certificate
may be renewed.
Sec. 19. The County board shall
issue to each applicant making the required
percentage a certificate, signed
by each member of the board and under
the seal of the County Superintendent
of Education of the County,
showing on its face the percentage
made on each branch and the general
average. The certificate shall run for
two years from its date and the holder
shall be deemed competent to teach
in the public schools of the County.
Sec 20. No certificate of qualification
shall be granted by any County
Board under any circumstances to
any person who is under 18 years of
age.
Sec. "2L The County Board of one
County mar recognize a certificate
issued by a Ctounty Board of another
county, but in such case they shall register
the name of the holder, county
from which issued, date and number
of the certificate, and when so register
ed it shall have the same force as if
issued in that county.
Sec. 22. Each County Board shall
keep a register in which shall be recorded
the name, and, sex, color and
postoffice of each person to whom a
certificate is granted, and also the date
ana graae 01 ine ceruncaie.
Bee. 23. Every claim of warrant is
ued by a board of trustees shall be
signed by at least two members of the
Board and should not be approved by
the county Superintendent of Education
until the clerk of the board of
trustees has entered it upon a book
kept for that purpose.
Sec. 24. No teacher shall be employed
by a board of trustees who is
related by consanguinity or affinity
within the second degree to a member
of tbe board or to a principal of a
school, nor shall they employ a teach
er holding a certificate iaiued by a
board of aaother county until the certificate
has been duly registered in the
office of the County Supeiintendent
of their own county.
8ec. 25. That no school suDoiieu
shall be purchased by school officers
for use in the public schools of any
county in the State except s jch as am
authoorizsd by the State Board to be
sold. The vendors of all such supplies
authorized to be sold by tlis Board
shall enter into a written contract
with this Board, in which l.he prices
of the supplies shall be stated and
copies of the supplies shall he placed
in the office of the State Si'Derintend
ent of Education and the supplies sold
to the schools shall at all times conform
to the samples, and tne prie s
shall not exceed the prices itgreeid on.
The County Boards may allow or
disallow such su pplies, or any of them,
to be sold in their counties;. In case
they permit the same to bd sold they
shall give the vendor a written permission
to offer the same to the trustees
of their counties, the prices of the
supplies to be named in the written
permis88ic>n, leaving the purchase, or
not, of such supplies to the good judg ment,
of the boards of trustees. In case
the trustee purchase any of such sup plies
they may give a warrant against
the school fund of their district i i
payment iherefor, but in no case shall
the County Superintendent; of Education
countersign or indorse any such
warrant until the supplies have been
delivered; the County Superintendent
shall hold all such warrants in his
possession until the delivery of the
supplies is made. All persons purchasing
any such warrant before
the same has been countersigned by
the County Superintendent of Education
do so at their own risk.
Charity'a Campaign
Washington. April 8 Secretary
Alger is pushing forward the work of
relief for the flood sufferers and within
a few days the disbursement of the
rations provided for by congress will
begin. Today the secretary was in
consultation with Col. Gillespie, president
of the Mississippi river commission,
who has been summoned here
by teiegraph by the secretary for that
purpose. Col. Gillespie has just returned
from a visit of inspection of
the flooded districts along the lower
Mississippi and backed by his experience
in the river improvements was
able to give the secretary a fair idea of
the situation. It is felt by the engineers
that with the appropriation of
$250,000 already placed at their disposal
by congress for the protection of
toe improvement works they will l>e
able to restore broken levels and get
the river banks into normal ;bape
wherever they are protected by the
levee constructed by the ns.tional government
and are not State works.
Already Captain Fitch at Memphis
has been authorized to draw upon the
appropriation to the extent of $20,000
for the repairs necessary in his d istrict,
which lajs up the river from
Memphis.
Dam?|M for Sturdor.
Yorkvivle, 8. C., April 8 A verdict
of ?0,500 was rendered against
Marion I'. Reese in favor of the estate
of Charles T. Williams in the
court of common pleas hers yesterday.
The suit was brought by J. H. Riddle,
administrator. Reese wus recently
convicted of the murder of Williams,
and suit for damage was accordingly
brought. The defense has moved for
a new trial.
r
THE TIDE TURNING.
DEMOCRATS VICTORIOUS IN MUNICIPAL
ELECTIONS.
Carter Harrison Wins-Elected Mayor of
Chlcaco by a Tote of Nearly Two to One.
Canton Goes Democratic.
Chicago, April 6 With the magic
of his famous father's name, aided by
the independent s( lit in the regular
Republican ranks and the'flocking of
the discontented laboring class to the
standard of silver Democracy, Carter
Henry Harrison was elected mayor of
Chicago today and a great Democratic
triumph was recorded. The 58.000
plurality over McKinley over Bryan
was turned into a Democratic plurality
of about 85.000 ovef Judsre Nathan
iel C. Sears, the machine Republican
candidate for Mayor. The almost complete
mayoralty returns show that
Harrison polled a plurality of about
75,000 over the next best man, Alder
man John M. Harlan, a Republican
who ran on the citizens ticket by himself.
The figures also indicate that
the next mayor polled a small majority
over the three other principal candidates,
Sears, Harlan and Hesing,
the ex postmaster and German editor,
whose ticket was called business administration
of municipal affairs. He
is a gold Democrat, but his boasted
strength among the independent men
of both parties dwindled to about 16,000
total vote. Harrison's total vote
is aoout 140,000, which is less than
5,000 under the vote polled by Wm.
J. Bryan.
The total Republican vote is about
57,000 while McKinley polled 200,747
votes in November. The rest of the
city ticket, attorney, treasurer and
clerk, all the town tickets and a large
majority of the common council have
gone Democratic on the tidal wave
with the possible exception of the
Hyde town ticket. Harrison or Harlan
carried every ward in the city and
the Republican machine was repudiated
everywhere. There is really nothing
left for the Republican party to
console itself with, except a few aldermen
whose records were good and
who happended to live in wards that
are usually Republican. The argument
of the Republicans that if Heiinc
and Harlan, the two Indenend
ents, had withdrawn, Judge Sears
would have won, does not hold good
when it is shown that Harrison has a
clear majority over all three. The
other city tickets in the held cut no
figure at all.
There was a joyful demonstration
of Democrats on the streets when the
result became assured and thousands
gathered in front of newsosner offices
to cheer as the news was displayed.
There were impromptu parades, fireworks
and much cannonading of the
atmosphere.
Carter Harrison said of the result:
"It has b>sen a victory of a united and
not a divided Democracy. Gold as
well as silver men cast their ballots
for me and registered a protest against
Republican misrule. The workingmen
were with me."
The late returns indicate that the
Democrats will have 39aldermen out
of 68 in the council. Twenty-eight of
the Democratic candidates are probably
elected out of 34 and with the 11
Democratic holdover aldermen will
give that party a majority in the legislative
body.
DEMOCRATIC OHIO.
? * i " a :-i t.
tlUUAUt^ April i. a apeviai hi tuo
Record from Cincinnati, says: The
result of the municipal elections in
Ohio yesterday shows Democratic
gains. The large cities which gave
McKinley such enormous pluralities
last November have gone Democratic.
McKinley had only 50,000 in the State
and all of this plurality came from
the cities which today went Democratic.
Oatside of these cities, the
State was carried, by Bryan last November
on the silver issue and the
friends of John R. McLean, who is
the Democratic candidate for senator,
have made much comment on this
fact. They claim that McLean will
carry the legislature and possibly the
State ticket next November on the
free silver issue.
In Cincinnati, the home of Senator
Foraker, a Republican plurality last
year of 20,000 is displaced by a Democratic
plurality of over 7,000. In
Cleveland, the home of Senator Hanna,
the Democrats made large gains,
and even the home of President McKinley
at Canton, went Democratic.
The home of Governor Bushnell at J
Springfield is sfrongly Republican,
and that city elected a Democratic
mayor by over 400.
While the result in Ohio is due
largely to the opposition to Geo. B.
Cox, who had become offensive as a
boss the result in the State generally
is accredited to dissatisfactions
There are many who are suffering
in business and many more who are
out of work, who expected relief first
month under the new administration
and some express the opinion that the
freei silver sentiment is growing
among these people. The Democratic
gains were general. There was no
special legislation of the last Republican
legislative on which any issues
were made. The man who headed the i
Democratic ticket in Cincinnati, Gustav
Tafel,was formerly a Republican,
become a free silver Democrat three
or four years ago. He secured the
vote of both gold Democrats and gold
Republicans, because he represented
the anti-Cox sentiment in this city.
It is stated by the Republicans that
they have always loet the municipal
election after the inauguration of a
Republican president. At Hamilton,
the entire Democratic ticket is elected
while Chas. S. Bosch for mayor secures
a majority of 1,400.
At Zanesville the Democrats simply
swept the city, electing their entire
city ticket.
At Springfield, the Democrats carried
the home of Governor Bushnell,
electing John M. Good mayor.
At Akron, the contest for mayor indicates
the election of Young (Dem.)
At Fostoria for the first time in 20
years the Democrats elected a mayor.
; ^
f
' \
bryan elated.
Washington, April 7. Great interest
was manifested here tonight in
the Chicago election, and crowds congregated
about the newspaper offices
to receive the news. Democrats were
all very much elated. Mr. Bryan was
one of the most elated. Mr Bryan
was one of the most interested in the
returns, and spent an hour in the
Southern Associated Press office reading
the Chicago returns. ExDressive ?r
of his views, his telegram to Mr. Harrison
tonight puts them succintly. It
reads:
"Hon. Carter Harrison, Chicago:
Accent congratulations upon your
magnificent victory;. The elections in
Chicago, Cincinnati.Detroit and other
cities indicate a decided change in
public sentiment since November.
W. J. BRTAN.
THRILLING DESCRIPTION
Jl
Of the Drowning of Throe Hen sin HDt? 4
From OreenrlUe. .
?
Greenville, April 6. The Saluda
River is within its banks again, after
being on a boom Monday night and
this morning, during which three men
were drowned and one mule and two* ?
horses perished. Three more men
miraculously escaped death after be
ing considerably bruised, and thousands
of dollars1 worth of bridge*
were swept away. The dead are John
Freeman, white, of Pickens County;
Jackson Byrd, colored, of Pickena
County; Babe Gillespie, colored of
Greenville County. The wounded ,
are: Claude Hood, William Green
and Mr. McDade. all white, of Pelzer.
This river has a decided reputation for
turbulence and violence, and many
drownings and hairbreadth escapes 1
are related of its former sprees. It
was fifteen feet above normal at midnight
before the last and was out of its
banks hundreds of yards on both
sides, surging and sweeping by at a
terrific speed and frowning and threatening
with eddies everywhere. Rising
as it does in the mountains, the
8aluda, above all other streams hereabouts,
is particularly violent after
heavy rains The great incline of its
bed and the hilly character of its banks
gives it remarkable speed and volume.
It came within three inches yesterday
of smashing all previous records. # : .
The drowning scene was at the Cor
Bridge, within six miles of this city. "
One of the victims was John Free
man, a well-to do Pickens farmer and
a man of family. He perished in the
presence of about fifty persons gathered
on the Pickens and Greenville
banks. The bridge is a large covered
wooden structure and its floor is thirteen
feet above the normal heighth of
the river. The two abutments are
substantially counstructed of granite,
filled in to the banks with earth. The
men who perished were driving from.
Greenville. The water was rushing
over both earthen abutments, about
two feet deep on the Pickens side.
The water was about a foot and a half
above the floor and six inches more
would have sent the whole structurewhirling
down the river.
The party crossed the bridge in safety.
Jeff Davis, colored, in the twohorse
wagon with Mr. Freeman, and
Bryan was in a cart in front. Bryan
crossed the overflowed abdumept with
ease, but as the wagon reached the
Pickens end of the bridge, the mule,
the left-hand animal of the team,
doubted the propriety of going over
the abutment and backed. The lash
was applied and then the horse, which
was on the left, stepped into a hole
about eighUinches deep. The mule
shied and carried t be horse with him
a few feet down the embankment of
the abutment on his side, which was
down-stream. The negro jumped out %
and fled to the bank. Mr. Freeman
got into water about waist deep and
went to his team and attempted to lead
them back on the embankment. But
the animals were excited and, rearing
up, struck Mr. Freeman in the face
and sent him under the water and
down the stream into water about ten
feet deep. The team was swept alter
him. About fifty feet from the scene *
of the first trouble Mr. Freeman seized
a tree and grabbed his hone's bridle
again, and in the struggle went under
the second time. The horse got away,
and Mr. Freeman went under the lasttime.
In a few minutes Jackson Bvrd
and Babe Gillespie were drowned in
the same way as Freeman, their teams
going off the bridge. Heroic efforts
to save them were futile.
The men wounded were hurt by the
falling of the Pelzar bridge. The new
$12,000 iron bridge over the Saluda
River at Pelzer was swept from its 4
piers on Monday night. The loss is .
$3,000. The bridge was to have been
accepted by the county supervisor on
Saturday. Ths loss falls upon Contractor
J. EL Whitner, of Tennessee.
The three white men named above,
who were trying to save the bridge,
were swept overboard by the flood of
water as the bridge went down and
narrowly escaped being crushed in
the wreckage. The fall of the bridge
was due to the undermining of the
masonry pier on the Anderson side,
within a few hundred feet of the main
kxIIJifK. r\f Via Pat-rar Hnttnii Milla.
UUilUlU^ VI DUV 4. W..WM I . m>
and about fifty feet below their dam.
This bridge has been the subject of
much controversy as to whether Greenville
should pay one-half the cost of
its construction. It was claimed that
Greenville was helping to divert trade
from her own machines toward those
in Pelzer. A new span and pier will
have to be built
Leaving Low Lands.
Lkavknsworth , April 8. The river
is within five feet of the flood of 1881
and still rising steadily, having come
up two inches since yesterday. The
stage is 15 feet above the low water
mark and fast approaching the danger
line. Several families in the bottoms
are moving out, and farm lands are
being flooded. The Burlington road
has a large gang of men laying new
track at Burns Lake, five miles, south
where the river is cutting under large
sections of the road bed.
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