The county record. [volume] (Kingstree, S.C.) 1885-1975, July 11, 1901, Image 2
\ vSl
NEAL IS SENTENCE
Ex-Superintendent the of Penitentiary
Fined SI,090
AND FOUR MONTHS IMPRISONMENT
On the Charge of Failure to Turn
Over Public Funds to His Successor
?An Appeal Taken.
? ?
' ?tand up. Wm. A. Neal!" said Judge
Gary after he had refused the motion
for a n;w trial in the rather remarkable
case against the former supetiatendent
of the State penitentiaty.
"Have you anything to say why yoj
should net be yentenced. the jury having
convicted you of failure to trim
over money to your su~< ess e in off.ee]
within "0 days after h- had qualifk j
The prisoner at tha bar v.ith superb
seif control turned to his attcrn.-ys.
Mr. Bcggs shook his head. "Nothing," ]
replied Col. Neal to the question cf thd
court.
A hush fell upon the court room. ]
There was pity in the hearts of many |
for tuo man who des.'rted. it is sii.I.
by many whom he has befriended. has
suffered the reproach of many for the
past three years, had just been c nviitcd
by a jury of his countrymen and
was now standing in the presence of
the court awaiting con lenination upon
the least of the charges prefened
against him.
Judge Gary, with a touch of emotion
in his voice, proceded to pronounce the
sememe, which is that Col. Nral shall
pay a fine of $1,000 ar. 1 be confned in
pay a fine of $1,000 and be confined in
He will not be required to work or to
wear stripes. Judge Can* said:
"I do not propose to harrow your
feelings by expressing any views I mty
entertain with reference to this case.
I simply desire to state, however, that
I derive r.o personal pleasure in passing
the sentence of the law upon you.
I take it the conviction itself will be
sufficient admission to you: therefore,
I will content myself with simply passing
what 1 conceive to be the penalty
warranted by that verdict. The sentence
of the court is that you pay the
sum of $1,000 and be confined to the
county jail of Richland for the period
of four months .1 will not go to the
extent or connnmg you to laoor or even
to wearing stripes. I simply content
myself to sentence you to the county
jail taking that to be a sufficient requirement
under the law as I conceive
it. Take your seat."
Soon after the sentence was pronounced
the attorneys for Col. Neal
gave notice of an appeal to the supreme
court, and asked for Col. Neal to be released
on $2,000 bond pending the action
of the higher court. This was
^granted.
There was not much flurry or bluster
or speechmaking on the motion for
a new trial. But the reasons assigned
by the counsel for Col. Neal are very
caustic, charging unfairness and partiality
on the part of the judge presiding.
Judge Gary declined to notice
this charge against him. but remarked
that he was willing for his charge to
the jury tP be his only defense. He is
willing for tTIe supreme court to decide
the issue.
When the court opened. Mr. Julius E.
Boggs of Col. Neal's counsel, presented
the written statement of the grounds
on which an appeal for a new trial w.13
made. Judge Gary asked If he had
anything further to say. Mr. Boggs declared
that he had no remarks to make.
Mr. Duncan Bellinger, attorney general.
also waived discussion.
The paper which was signed by Julius
E. Boggs and P. H. Nelson, defendant's
counsel, reads as follows:
The defendant mfves for a new trial
on the following grounds:
1. Because the court allowed evidence
as to the amount of money for which
the Carolina National bank had sued
the State.
2. Because the State's attorneys
made argument on said evident testimony
which was liable to predjudice
the minds of the jury against "th* defendant.
3. Because incompetent and irrele
vant testimony in regard 10 cenaiu
rent for stables paid by the board ot
directtors of the penitentiary was allowed
to be received against the defendant.
4. Because the court refused to
charge the jury in regard to the authority
cf the superintendent of the
penitentiary to pay out convict hire on
the running expenses of the institution.
Z. Because the court failed and refused
to charge the law as set forth in
section 551. to wit: "That the superintendent
of the penitentiary is to re
ri'iVC illl.l ^uV Ulll itil iiJUil 2? ?,! JKLCU
by the general assembly .or in any
other way aeeruing for the support of
the prison ami carrying on the work."
Said section among others having been
called to the attention of the court
by one of the attorneys for the defendant
at the commencement of his
argument as the law applicable to the
case. and upon the court's failing to
charge the jury in reference thereto,
the court at the conclusion ?;f the
charge but before the jury retired wars
again requested so to charge, which
said request was utterly ignored, one
of the defenses being that the moneys
collected as charged in the indictment
had b?en disbursed by the superintend ?.
cnt "for the support of the prison and j
carrying on the work."
0. Because by your honor's charga
't
u A M
^w^ha
i
I'ish^the
the prisot^HTCirrying on the work."
the same being a question of fact upon
which it was within the exclusive province
of the jury.
7. Because your honor's ruling (luring
the progress of the trial were not
a fair and impartial exposition of th"
law, and was preiljudiciai to the c nFiitutional
rights guaranteed to the dt'
fendant.
It had been a matter of comment
that during the trial there had been
a number of little passage3-at-anr.3.
in a thoroughly professional way. between
Col. Nelson an.l Jndee Gary.
AS me miter was cnaciuuuig u ?
charge to the jury. Saturday. Col. Nelson
asked that the judge charge the
jury upon a certain point of law. This
judge Gary did. but in a way which
Col. Nelson had evidently not expected.
The latter then asked for Judge Gary
to charge the jury upon the law ?s to
the right of the superintendent of the
penitentiary to pay out for running expenses
moneys received from convict
hire.
Judge Gary, with some show of impatience,
turned from Col. Neis-ii to
the jury without taking notice or th ?
request and ordered the jury to retire
and tind a verdict. This is the mat.^r
referred to in the complaint of the ati
torneys as being "utterly ignored."
Judge Gary replied to this by saying
that Col. Nelson, under the law. si.ou.d
have written his "requests to charge"
and submitted them before beginning
his argument.
In commenting upon the points submitted
by the attorneys, and in refusing
the motion. Judge Gary said:
"I do not think that, the first, sacon 1
and third objections raise any matter
I should consider."
i As to the fourth and fifth objections
(which are given in the formal objections)
the court said:
"The rule is well settled in this ca-e
i where counsel relies on a proposition
of law and think it material to the defence
the rule of court prescribes thjt
the request must be sent up in writing
at the beginning of the argument. I had
no opportunity to pass u:;on the question
and in fact had finished my charge
bo the jury, but I permitted an interruption
in my charge as to one iequest,
although it was submitted not
in accordance with the rules of court.
After the charge was about conclude 1
I permitted counsel to bring before the
court one proposition of law wa.ch I
charged. I again directed the jury to
find a verdict, whereupon counsel
again arose and submitted anotne:
proposition. I did not know to wuat
exteot it was going and not hiving
the opportunity to examine the proposition
I sent the jury out because the
rule of court had not been compiled
with in framing such requests. As I
say, I had no opportunity to see it ;o
know whether it was applicable or not.
Sixth. (This was read from the cbjjections
cited.)
The Court?That assumes a ia i
which I cannot admit.
"The seventh is simply a conclus'on
and I do not care to express myse f as
to it. The charge will show for itsjlf
whether the conclusion announced in
the seventh ground is correct.
"I take it that the charge will be its
own answer to the seventh ground tor
a new trial, which I say is a concliuVjn
of counsel engaged in the cause, therefore
the motion for a new trial is refused."
Calls on the President.
Vv'ashington, D. C.. Special.?H.
Clay Evans, Commissioner of Pensions,
called on the President to bid
him cood-bve before his departure for
, Cantcn. He told Mr. McKinley that
ho had been taking an inventory 01
ail pension claims on hand, that ho
could have his annual report ready
very soon, and asked the President
if he had any instructions or orders
to give. The President made few sttggestions.
The interview was an extremely
pleasant one and nothing ha3
developed to change the situation as
it has existed for some time past.
In per capita only a few years since
Denmark was one of the poorest countries
in the world. Now she turns up
one of the riche-t. and the improvement
is ail due to timber cultivatirn and
the enlargement of her dairy system.
The I nrgest and Most Complete
Establishment >outl>.
GEO. S. HACKER & SON,
?MAXCFACTCKEKS OF ?
Sash. Doors. Blinds.
Moulding and iiulldln^ Material,
Sash We iff/its a ill* r d
CHARLESTON, S. C.
Purchase cur mnke, which we guarantee
superior to nuy i%)lJ South, unci
thereby save money.
Window and Fancy Glass a Specialty.
f
^coaoooooooocoocococoococr
3 FARM TOPICS 1!
o c
OOOOOOOCGOOCGOGOGOGCQGCGCC
A Sir.ootliiiiK Harrow.
Take a io^ tin* length of a harrow.
. >1111 ju two aim auacii eacu en a ui u 1
. r i
?. HOMEMADE IMPLEMENT FOE THE LEVELING
OF LAND.
3
to a harrow, as portrayed, by means
of a stout wire about six feet Ions, f
placing tln? ova! side of leg down, j
Such an implement works well ismoothing
the surface after the liar- f
row.?E. DickeusoL, in Farm and
Homo.
1
W.-ifrli the Chick* Clo?cTy.
Watch the little chicks closely, and
note the first symptoms of any disorders.
A continual chirping denotes trouble
of some kind, while that contented lit- *
tie peep, which we have all learned so
well, denotes a healthy state, that
foretells rapid growth. n
T'orimtw fr in !!. .? .in.? if cn ic I
*' * " - ?
no surer road to failure?unless they
are at once cleaned out.
Catch the hen and dust her with in- d
seer powder, and if possible, treat each
chick similarly, bur if this Is nor possible.
then uivase the hen slightly under
wings, tail and on rop of head.
! This will kill every louse and egg.
If the fault lies in the feeding.
change the diet at ouee. and noie each
| change as made.
; We can never hope for success with
chicks that were started wrong, and a
little extra cost at first will be offset
i by greater gaius in the future.?Home
and Farm. ?
Preparing For Drouth. I
I will give you an instance of two
dairymen in my neighborhood. One is
about the best and the other is not the
, worst, but among ibe poorest. They
| have each 100 acres. Last season was
| * t*i J UIJ, ItlU III /COL X IKl ? r t?Cl LViUV
! through. We had uot a good soakiag ?
rain from the time the snow went
cfT till October. This good dairymau
had fourteen cows, to which he attended
thoroughly. He had about an
acre of oats and peas, and put In two
and one-half acres of corn early, and
he fed hig cows right through the season.
Doth these farmers sent to the ?
factory for seven months, and the
good dairyman received in the seven
months an average of 0007 pounds
from each of the fourteen cows in the
herd. The other dairyman, who did
not provide anything, received an av- .
erage cf 2032 pounds each. Then when |
it came to cior.ey the man with the ]
0007 pounds pot 840 per cow, tne ctner
man pot $18 per cow. The poor dayman's
cows averaged S2..70 a month,
and the other man's S7 a month. Now I
the fault was at home. Ons man pre- 5
pared against drouth in case it needed g
it. and the other man prepared ncth- a
iug. Ho had hoped it would bo a wot ?
I year, and there would be plenty of j
| grass, but if it was a dry year he ex- j
! peeled to have no money. lie received ?
'about 8102 for? these nine cows, aud ;
1 the other man received 5441, making a
difference of $280 to the man for hl3 farsightedness.?W.
C. Bright, teforo _
the Ontario Dairy Convention.
Varied Rations.
The stock raiser and feeder must
' not only know the kind of hoof the
; market demands, but must know how
, to feed to get desired results; ho must z
j also know the combination cf foods 8
that will produce these results and at
minimum cost. 1
The basic fact Is that the feeding \
must be varied, not so much to develop
and pet the appetite, as to meet
j the needs of the animal system. If
I /wi'n is fad tr\ ?(>PSS. Stock Will CCaSO
| to oat with relish, becauso only part t
of the system is belli? normally act;:*- ished.
but If with this carbonaceous
food a nitrogenoous one is fed. and
also foods are furnished that will supply
the mineral substances needed by
the animal, the varied food is furnished
that will gire good results and
keep the animal in liealfb and appetite.
This ration question is one that
should lie intelligently considered by
the intelligent calf raiser. It was but
a few years ago deemed that such i
knowledge was only needed by the !
feeder finishing cattle for market, but
the well informed cattleman knows today
that bone and muscle to give the
large frame arc developed in the calf,
while maturing, and he feeds foods
thai, will make bone and muscle.
These facts being true, the farmer
that ignores them must be the loser.
This varied ration problem should be
giwa critical attention, and not be
Treated as a fad. liaise : calf or two
on what are regarded as established
feeding laws, and see if the calf
doesn't show the intelligence of its
owner. The proof of the pudding is in
the eating, so give "bossie" a balanced
ration pudding and ho will tell the
story.?Rural World.
Learn to keen vour troubles to your- ^
lili H LaA il'i.ii 12 iii ri.uiy.
BUELL & ROBERTS'
CASH
cm IB SHE.
N
?Ve continue off^riDK inducements to eloM
iut our Summer Goods. We can mention
idly a few of the many Kooda reducedi
Ladies' 8c Uudervests for 5c.
luc ilea ULU bows lor jc,
25o 'J les and Bows f r 15e.
Initial Handkerchiefs, H. S., embroidered,
in hIk>x, lor 19c;26o goods.
15o Men's Black Initiui Siik Handkerchiefs
ur 10c.
Men's large White Figured, Drawn-Stitch, j
aponet Handkerchief for 15c: worth 25c. j
Six Large White Flue H. b. Handkerchief* i
or 60c. in fanov b.>x; cheap at 75o.
Three large Wbibi Fine H. b. Handkeroiefs,
in fancy box, for 40c- worth 5jo.
Black-bordered Linen Handkerchiefs for
2c; eheap at 15c.
Good Mourning Handkerchiefs for 4o.
Haudkcrchiefs for 1c.
Handkerchiefs for 2 l-2c.
F idkerchiefs for Sc.
3#>-ineh Madras for 7 l-2o; worth lOo.
86-!n h Madras tor 6 l-2q worth be.
jAWNS AND ORGANDIES FOIl |
LESS THAN COST.
Shirt Waists for much ieea than it cost to j
sake them.
BiG REDUCTION ON SKIRTS.
40c Pique Skirts for 25a.
98c Crash Skirts for 81o.
All Summer Good# are bring sold at r*?
uced prices.
NEW GOODS.
One case Longeloth 5c; no starch.
Fine Black Henrietta at 50c.
TINSEL DRAPERY SILKALINE,
BALL FRINGE.
Black Duck at 8 and 10c.
FURNITURE DEPARTMENT.
10 plecfl Walnut Suit* $73 to $100.
10 j?We Solid OhIi eulia $18, $22, $25, $30,
IS5. $40. *50. $55.
Oak Hall Ilucks, French Plat* Glaan, $7,
8.50, $2.50.
Wardrobe* $8 to $23.
Bed Lounpea $9 to $15.
bedstead* $2.25 to $lft
Iron Bods. Iron Cribs.
Parlor Suite $30 to $50.
Baby Carriage* $6.50, $7, $7.50.
Hoor Otlelotb 30c.
Matting 10; 12, 14. 15,18. 20, 28, 26, 27 and
8a.
18-pleo* Chamber Seta $2.19 to $8.
Window Shadng 11. 15. So, 35, 40u to $1.25
Stove* $6.50, $7.50, $10 to $lfc
Trunks $2.50 to $6.50.
IIIMHB!
Knrinl !
dyspepsia Cure
Digests what you eat.
Itartl ficially digests the food and aids
Mature in strengthening and reconducting
the exhausted digestive or;ans.
It is t he latest discovered digestint
and tonic. No other preparation
an approach it in efficiency. It instantly
relieves ami permanently cures
Dyspepsia, Indigestion, Heartburn,
flatulence. ;.owr Stomach, Nausea,
>iclt Headache,Ga^tralgia,Cramps,and
ill other resu 1 ts..t ininerfect(1 igestion.
Prrtpcrgd by E C. DcWitt ?\Oo., Chicago.
msmm
Our fee returned if we fail. Any c
,ny invention will promptly receive 01
ibility of same. "How to Obtain a .
ecured through us advertised for sale
Patent taken out through us receiv
The Patent Record, an illustrated ar
>y Manufacturers and Investors.
Send for sample copy FREE. A
VICTOR J. E'
[Patent A
Svans Building,
t M - ...
Labor Saving
V
Busy Men an
t y~\
$3.0 cayta, nr I 1
A cert a day JL J- -l
A Weekly Newspaper and an Illustrat
of vorld-happenings every vcck in hri.
15 the Editor-in-chief, and Hamiltc
JAC03 A. RMS
The author of" How the Other Half Lives" will
pive in I lit Outlook an intensely human and vivid
account iT bis experiences as .1 child in Der-nir*,
an i.iunicrjnt in America, a wormian, a livelier,
a reporter, and tinellv 1 student of ten?- nr. * house
problems, auinn etuient aid to T;.ro<! i'e K'Vitvelt
111 rtorcaniiinp the New Voik p< iice. Mr. Kus
writes with simplicity, humor and vigor.
*
LYMAN ABBOTT
will contibute a series of important papers on fundamental
political principles as applied to twentieth
century problems. It will be called "The Kiciits
or Man ' and will define industrial, educational and
religious, as welt as political, nghts and duties.
<
? : ... cvVrfrtLTs
\ l^j
^
Atlantis Coast Line.
Condensed Schedule.
I , Date<l
May 2G:h. 1901.
TRAINS OOING SOUTH.
No.35 No,23 N'o.53 No.51
? ? ?
A 51 r M A M
Lv. Florence 3 UO 7 55 V 40
i Lv. Kinj?*lree 8 54 10 56
| Ar. L<tn<*? 4 11 a 11 P. 51 11 16
Lv. Lunss 411 911 713 1116
Ar. Charleston 5 40 10 55 8 50 1 00
A.M P.M. P.M. P.M.
TIM INS GCMNG NORTH. \
No.78 No.32 No.52 No.50
AM P M AM P M
Lv Charleston 6 45 4 45 7 00 4 15
Ar Lanes 817 610 8 35 6 00
Lv Lanes 8 17 6 10 .... 6 00
I " Kiugstroe 8 33 ?
; Ar Florence 0 30 7 20 .... 7 30
AM PM AM PM
Daily. 7Daily except Sunday.
No. 52 runs through to Columbia via
Ceutral 1L IL of S. C.
Trains N'os. 78 and 32 run via Wilson and
Fayettoville?Short Line?and make close
connection for a'.l points North.
Trains ou C. & D. R. R. leave Florence
dally ex -ept Sunday 9 50 a. m., arrive Darlington
10 15 a. m., Hartsville 915 a. m.,
Cheraw 11 30 a. t?.f Wadesboro 12 35 p. m. ?
Leave F oreuce daily except Sunday 8 00 p.
rn.. arrive Darlington 8 25 p.m., BennettaI
viiie 9 22 p. m., Gibson 10 20 p. m. Leave
, Florence Sunday only 950 a. nu, arrive Dar;
lington 10 15 a. m.
Leave Gibson daily except Sunday 6 15
. a in., Bennettsvllle 7 15 a. m., arrive Dar;
lington 8 15 a. m., leave Darlington 8 50 a.
I m., arrive Florence 9 15 a. m. Leave Wadesboro
dally except Sunday 4 10 p. m , Cheraw
| 5 15 p. m., Hartsville 7 25 a m... Darlington
j 6 29 i). m., arrive Florence 7 00 p. m. Leave
Darlington 8 50 a. m., arrive Florence 9 15
I a. m.
H. M. EMMERSON. Gen. Pa*s. Agent.
J. R. KF.NLY. Gen'l Manager.
T. M. EMMERSON, Traffic Manager.
3km Diseases.
For the speedy and permanent cure oil
tetter, salt rheum and eczema. Chamberlain's
Eye and Skin Ointment is
ivithont an equal. It relieves the itching
and smarting almost instantly and
.ts cuntimed use effects a permanent
:nre. it also cures itch, barber's itch,
scald head, sore nipples, itching piles,
chapped hands, chronic sore eyes and
granulated lids.
i l)r. fndy's Condition Powdrrs for
horses are the best tonic, blood purifier
andvermifuge Price. ?-r? cents. Sold by
I
Registration Notice.
The office of the Supervisor of ItegUtratiou
Will be opened on the first
Moudi?y iu every mouth for the porpnee
of the registering of any person
who is qualified as follows:
Who shall huve been a resident of ^
tho State for two years, and of the
county one year and of the polling
preeiut in which the elector offers to
vote four months before theday oteleotion
aud shall have paid,six months be ore
auy poll tax then due aud payable,
and who can ooth read and write any
section of the Constitution of 1895
submitted to him by the supervisors,
of registration, or can show that he
owns, and has paid alt ttxeS collectable
during the preseut year on property in
fhia State ar-scased at tinec hundred
dollar* or more. J. J. EAPDY,
Cleikof Board.
me sending sketch and description of
ir opinion frco concerning the patentPatent"
sent upon request. Patents
! at our expense.
o specizl notice, without charge, in
id widely circulated journal, consulted
ddress,
tfANS & CO.,
ttomoys,)
VM??H!WGTOF. D. C.
5 Reading for
id Women, in
utlook r;rr: *\
ed Magazine in one. Tells the story
rf. cicar-cut paragraphs. Lyman Abbott
jn W. Mabie the Associate Editor, j
! i-? ? i r* i i p.s i\i rv a I
i n?i-rri vn
I'ndcr this pw.ionvm vrr- wriiten two of the
I most >tr;ki<v.r of i?i. ::{ TOVro. " KUck Kvik 'and
" 1 he .^k< hilot.'1 A nrw novel ot Car.a.ji-r. and
Western !ifc ty this .-.uthor will appnr in 1 he
Outlook du.-ii., the year In <t !.-it. I. :n:or, pa'hos
and sir. r./ characUr-drawit.n it l> even superior to
its predrcejssts.
[SPECIAL J T o introduce^ The I
1 O F F E R I ^UTI*00K t0 r,cu* rca(i'
* ers we ivill tend it for
two months' trhi for 25 cents provi
*xi this piper is mentioned. Address
THE OUT LOO K, N E W Y O R K <
j
VJ>i
I
a . .. . . ... . >jg
\ . ? At