The watchman and southron. (Sumter, S.C.) 1881-1930, October 13, 1897, Image 7
Slaaderous1 aod False.
n^s Plain Talk in Toe
United States Court.
^wCbarlestoD, S. C . Oct 7-Some
?hat of a sensation was caused to-day
xs tbe United State? oircuit court wheo
Attorney General Barber. . in a very
j?t?o^aent speech, denounced certain
charge s in the bili of complaint io the
:'?ase of Biuthenthal & Bickart against
Xtoug aLd others, which case was heard
yesterday. Those who heard the attor
soy general's speech said it was au able
?flori Every sentence was delivered
FjBi?h teliing effect. The bill charged
cousrpirasy ^o the part of Governor
3B8erbe, Attorney General -Barbar,
Assistant Attorney General Towoeecd,
;S . W. Vance and other officials aod
?acatables of the state. The bill was
.afterwards withdrawn.
K^TS? court convened at 10 o'clock.
Before the oontiouatioo of the hearing
of the original paekage cases, Mr. Ber?
ber rose and said :
?May it please your Honor, I ask
your Honor, before resuming the wise
Seder consid?ration, to hear a motion
us the ea?e of Bictbenrbar & Bickstrt
against Long and others. The motion
8.under i'ae supplemental bill of com?
plaint which was filed at a late hour
yesterday afternoon. There have been
int the course of these proceedings in
this court, from time to time, sworn
Statements and charges in bills of com?
plaint which I have permitted tb go
unnoticed : but, if your Honor pleas J.
?ISR? Kee has been reachedfand crossed
fcewnd which I oaonot permit the^e
statements to zo unchallenged. The
?evasi?n, - therefore, if your Honor
please, necessitates some very plain
talk, and, with your Honor's permise
sion, I propose to do it. I hold in my
jhaud a copy of this bill of complaint
If your Honor is not familiar with it
]' would invite your attention to the
ideation iu the bill which is marked
page 7. After alleging various
things as to some shipments into th?
?fate-and seizures of these liquors, the
complaint alleges that "the seizures
above set out, at Union, Elko and
Chester, in said state of Soutn Caro
lina, were made and dooe by tbs said
parties above named by the authority
aodxonder the direction of and porgan
to a conspiracy, agreement and com
?rbi nat i on of the said defendants, William
fe. Elierbe and William A. Barber, C
ft^Towcgesd, S W. Vance and state
Kwostables and other officials of Scott
B&arolipa. unknown to yonr orators
? , ^woolo* invite your .Honor's atten- \
Btton. further to the allegation io tbe bi H
?pf complaint which is numbered ''L,9*
Kia; page 8 thereof, in wbich it is al
Beged, that "Your orators further shom
Kat the said William H. Elierbe aod
KFHitam ?. Barber. C P. Towosend
nod s W. Yance have, notwithstand
?ncr the rights of y^oor orators as im?
portera of liquors in original unbroken
maekages in this state under the cou JM
jtiiutioQ and laws of tbe United States,
lausfd sud directed the age D ci es of
Bow orator* at Uoioo, Elko aud Ches
ger, io the state of South . Carolina, to
Re seised and the said -goods of your
Braters to be taken possession of bj
Raarious parties claiming to aot as state
RoMtabJee, and that the said William
fe ?ferne and William A. Barber, C
R. Townsend and S. W. Vance, for the
Rwpose and with the intention of
?pading the injunctions of this oourt,
?ave caused such seizures to bc made
Rf different state constables io each
Re:aoc?, claiming that the iojuoctiocs
?sued by this court and heretofore ob
Bined by your orators for the proteo
Hos of their business as aforesaid io
Se state of South Carolina only af
Refed the parties named io said bill, j
Rd that the said William H. Ellerby
Rid feliism A. Barber. C P. Town
Rod and S. W. Vance, bave agreed, '
Rmbined acd conspired together ac. j
?reaten with parties unknown to your ?
Raters further to seize and confiscate |
Bil goods of your orators in the State j
R South Carolina at the various ag?o
Re* feereinabove set forth, and pur
Rsc to seise and confiscate socb gooos
? aatboriziog different constables or
?ente in each instance to make such
?isure ; and that it is manifestly im
Bps?bie for your orators to make, as
Rrtiea defendant to this bill, all par
Bs who migbs possibly be authorized
Bd directed by the said William H. !
?leroe and William A. Barber, C. P. !
R'Foaend and S. W. Vance, unlawful
Ras<f wrongfully to seize and confio
?t$ the goods of your orators, aod
Hat unless relieved by this honorable
Kort by the issoano* of ao iojooctioo
Rd restraining order protecting tbe
Rods of your orators so shipped as
Roresaid io the State of Soutb Caro
Bt from such unlawful and wrongful
?ts *f tbe said William H EUerbe
Rd William A. Barber, C. P. Town
lad; S. W. Yance and other parties to
Rar orators unknown, and the agents
Rthom appointed to do such wrong
? acts, your orators are remediless io
Re premises
? These allegations, and kindred ones
? this bill, reflect seriously, most seri
Rsly. upon the respondents to your
RocVa rule, that I have the honor to
R)reflent ; they reflect upon the officers
nth* State ; and. may it please your
Rfeor* more than that-they reflect
^nousjy upon my assistant and? my
Rf as attorneys of this oourt If I
R guilty of entering into a conspiracy ;
Rohware the decidions of rbis court, i
Rm^unworth^ to practice bere. If
R excellency the governor and the
?kr grate officers have entered into a
Rspiracy io restraint of trade, wbich
R et vase under the statutes of the
United Sute*, we should be jrupeaontd
aod re pmnvefrotu < ffics
The Chargen, tbe.efore, maj ir piesse
your honor, are of the u?0*t scirous
character, aud I take it that the re.
cords of ?Iiis couft are not to be trifled
with. I? addition, these allegations
not only rifled upon os as officers tnrd
? attorneys of this court, but there are
charges in this bill that are damaging
to us 83 individuals. The charged con?
tained in the . allegation marked 4 Q"
.'And your orfctors further *bow that
protection of your orators io the prem?
ires at law innolves a multiplicity of
suits agaiost all >.aid defendant*, and
that all of paid defendants are
financially irresponsible, totally insol
vent and unable to respond to any dam?
ages whatsoever against them, or ei?
ther of them, or any of them," &c
May it please your honor, that bill
of complaint stands sworn to by Mr
Bickart, who swears to the facts of
bis own knowledge Can we stand it ?
Yon have issued a rule returnable on
the 12th day of this month I cannot
permit, and I will not permit allega
lion? of thia character to stand un?
challenged against my colleagues and
myself for a single day. The allega
tions of conspiracy is slanderous and
false, and the allegation as to finan?
cial irresponsibility is, as to some of
ns at least,..as false as can be, and it
is as damaging as it is false.
What I ask, may it please your
honor, is that we shall not staud for
days before this court with a record
like this charging us with an offense,
with which if we be guilty I should
?ot be heard to open ray mouth in
this court, and if my colleagues be
guilty they should not administer the
offices in the State of South Carolina
which they hold
When I read the bill ef complaint
yesterday, feeling the^outrage that
had been perpetrated upon us, feel?
ing it as keenly as I can express to
your honor, 1 sent a telegram to his
excellency the governor and the
state commissioner for authority to
denounce the charges as . false and
untrue, and speak for my colleagues
as well as myself, that the charges of
conspiracy between the officers of
the State of South Carolina are ab
soiutely and unqualifiedly false
I state to your honor now, as I
have always stated, that the officers
of the State have endeavored in
every instance in the proceedings to
obey every order issned by this hon?
orable court, and if this man who
makes the charge against us of c?n-t
8piracy and financial irresponsibility,
to which he swears, if he has in his
possession any proof, I a*k your hou
or to force him to produce it at once
in open court, or hereafter stand the
coneequunces of false swearing
On behalf of myself and the other
gentlemen who stand before this
con rt, I ask permission to make an
immediate return, at the eariiest pos?
sible moment, and that your honor
will at once grant to us a right to
clear ourselves of the charges (hat
reflect against, all of us as officers and
as individual citizens of the State.
Now I have naught to say which I
trust the facts would not entirely sus
tain, nor would I state anything upon
mere suspicion ; but there is now
pending a proceeding in the United
States court of Georgia, instituted
by the same complainants as in this
case, in which it is sworn that there
is a conspiracy between the govern?
or of the State of South Carolina and
I the Southern railway to suppress
; what they say is their legal business.
! I think they magnify their import?
ance when they suppose that the
State of South Carolina is aiming all
its guns at their rum business in
Atlanta This bill cannot with my
consent stand upon this record, and
together with the role issued thereon
possibly'be used in the hearing b??
fore Judge Newman, the district
judge in Atlanta, upon a hearing there
fixed for the 9th instant I earnestly
ask your honor to hear our testi?
mony in open court, and I am ready
to testify, and my assistant on my
left and the two gentlemen on my
right, who are parlies to this bill,
stand ready to testify We ta?e this
bill to be insulting and absolutely
untrue, and the oath thereto is false
Weaskyour honor not to have us
forced to submit to these things
Upon the conclusion of the re
marks of the attorney general, Mr
Gadsden, of the firm of Mordecai &
Gadsden, stated that upon the filing
of the amended and supplemental bill
of Bluthenthal & Bickart against J G.
Long and others yesterday afternoon,
that he arranged for a conference be
tween himself and the attorney gen?
eral late on yesterday afternoon at
the Charleston hotel That at that
conference the question of the
charges of conspiracy made in the
bill was fully discussed, and that the
attorney general had stated^ fully to
him the facts and circumstances con?
nected with the matter That he
had convinced Mr Gadsden that
there had been, as a matter of fact,
no precon8idered arrangement or
moobination or agreement between
the state officials to seize the goods of
Buthenthal & Bickart, and that owing
ito the close personal relations which
existed between Mr. Gadsden and
the attorney general he was satisfied
that such statement made by the at?
torney general was in every particular !
! correct ; and that at that interview '
last night he stated to the attorney '
general that upon his statement of
I the facts he was satiffiVd that the !
charges made in said bill wer? iucnr j
i rect and unfounded, and that he j
: would this morning move the court1
to strike from the bil! the names of
himself, the governor, th?* assistant
attorney general and Mr Vance ;
and he now begged to say that hav?
ing been thoroughly satisfied" by the
assurances of the attorney general
that the charges in said bill were in?
correct, the complainant asked .leave
to withdraw said bill from the files of
this court
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Greenville. 8 C.. Oct 6-The
publication of the tax ordinance aimed
at original package bouses han stirred
up the dealers, and it is probable that
judia cial fight will reen I c. The pro?
prietors of the original package houses
were visited to-day to a*cer?aiu their
views of the ordinance, lt W3s thc
general opinion of each that a tax
should be paid the city. buc*bac under
the rulings of Judge St tn o o ton the city
could no?, enforce the oidinauee. They
considered tbe tax unreasonab e and
entirely t-ut of proportion io the busi?
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Gieno -Springs Water wiii cure Dypsepaiw
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Baltimore 9 N. Liberty Street.
Washington, e21 Eleventh St., N. W.
Charlotte. N. C , 213 N. Tryon St.
Norfork Va.._416 Main St.,
Estate of James R, Odom, Dec'd.
ALL PERSONS hating cairns against
aioie^aid Estate, wilt present earoe du!y
attested, and persons in Hny way indebted to
?a:d E'tta'e vt iii make parroent without de?
lay -o MRS CLEO TROUTMAN,
Qualified "Adrotz ",
Sept. 22, '97-3c Wedgefield, S C.
NOTICE.
AMEETING OF THK STOCKHOLD?
ERS of Tn? Grunge R^al Estate
Investment Company, is hereby calied
to te held at the effier of ibe Co?
operative Grange More, in the town of
Bi3bopville, Sumter County, South Carolina, j
at two o'clock, p. tn. on the sixih dav of No?
ve m Der, A. D , 13S7, to consider and deter?
mine whether the said Company wi 1 make u
montage to Mrs. Leonera M Cuusar to se?
cure int? payment of one thousand doUxrs, in
two installments of five hundred dollars etch,
payable respectively on October ls*, ? 898 and
Ocorer 1st 18?9, '-vito interest at eitrht percent
per annum rrotn October 1??, 1897, payable
annually until the debt be j aid : the property
to ne 6o oo:ig?ged ts n tract of o:;e and
H-haif ?cres HI lii-hopvil!f, adjoining l>i??ds !
of .ttt(> Mattie Law, Mrs. W. K Crosswell, ;
the Methodist Church lot, and situMe on the j
co1'-er of Main and Church Ntreets.
Bv older of the Bo?rd of Directors.
J W. KN G LIS Fi,
President nf s-wil Company;
At e t-W A. JAMKS, Jr., Secretary.
?ishopviile, S. C , Oct. 6, 1897. 5t 1
MASTER'S SALES.
The State of South Carolina,
COUNTY OF SUMTER.
COURT OF COMMON PLEAS.
PURSUANT, to the judgments ?ind orders
of the Court aforesaid, severally mude
i:. the fol owinc entitled cases i wit! offVrVor
sale at Puclic Auction, before toe Court
House ia the City of Sumter, Couniy and
Sr-.it-aforesaid, OK the First Monday in No?
vember, next 1897, teeing the 1st. day of said
month) between ttie hours of eleven o'clock
in the forenoon and five o'clock io the after?
noon of Kain" day, the rral est?t** ia each ca?e
described, on the terms in each cuse speci?ed :
The People's Building and Loan Association
<f Sumter, S C., plaintiff, against Olivia
S Share, The Bank cf Sumter, W. Rees
Shaw, defendants.
First-All that lot of land in the village of
Bishopville in the Counry of Sumter, io said
Sute, whereon is located the dwelling house
of the defendant Olivia S Shaw, containing
one and one-twentieth acre?, more or less,
fronting 00 the Main S'reet of Bi?hor-ville,
leading towards DuBose's Bridge and lying
on the right hand or eastern side thereof, ad
joining lots of A. Clarence DuRaot, A. F.
Cousar ?nd others.
Second-All that tract of land in said
County ?nd State containing one hundred
and forty-eight acres more or lees, adjoining
lands of Henry Woori ward, William McCutcb
en. James Ed. .McCutcbeD, J. Ashby Stuckey
and other?
Terms-One-half cash ; balance on a crpd't
of one year. The credit portion to be st-cur
ed by ibe bond of the purchaser, beari .g in?
terest from the day of sale and a mortgage of
the premises sold ; with the optiou to pay ail
cash ; the dwelling bouse to be insured aud
the policy assigned.
Purchasers to pay for papers. ,
The First National Bank of Sumter, plaintiff
against Mary J. Epperson. Robert Wingate,
Margaret T. Delgar, defendants
All that lot or parcel of land sauato in the
City ?nd County of Sumier, in the State
aforesaid, being the Sonhtern hail' of the lo:
on which the defendant,Mary J Epperson, re?
sided at the time of'tbe execution of 8?id
mortgage, to wi: : on December sf, 18?4:
saia lot fronting ou Mnio Street in saiG cuy
and bounded on the North by ti e Northern
bali of the said lot u;oo which the said de?
fendant Mary J Epperson resided as aforesaid;
on the East by lot cf Sinclair; oa the South
hy lot cf C. G Rowland, and on the West by
Mainstreet; the Same b iDg a part, to wit :
the Southern half of the lot of land conveyed
io the said Mary J. Epperson liv C. M Hurst,
Jr , by bis deed dated November 7, 1890, and
recorded in the office cf the Register cf Mesne
Conveyance for Sumter County io Book "G
G. G." at page-. The said lotafcove describ?
ed having located thereco a two-story frwtue
dwelling house.
Terms-Cash. Purchaser (o pay for
papers.
Margaret T. Delgar, plaintiff, against Mary
J. Epperson, dtfendant.
All tbat lot of land in the City and County
of Sumter, State of SoKth Carolina, bounded
North by lanes of Mrs Emily E Whitemore;
Eas by land tired by the Sumter Water Conj
pany a^d on which its stand pipe is located;
Somb by land now of Cbarle? G. Rowland
and West hv Main Street.
Terms-Cash. Puxcba:er io pay for
Dapers.
W. H INGRAM,
Mas'er for Sumter CountT.
Oct. 7.
State of South Carolina,
COUNTY OF SUMTER.
IN THE . COURT *CF PROBATE.
Complaint for Sale of Land to Pay
Delis.
Eerbert F. Wilder as Administrator of Jos.
W. Wilder, deceased, Plaintiff, vs Jos M.
Wilder, Julia S. Wilder, Lizzie M. Eager
ton, Rosa Wilder) Lily Wilder, Eda Wil?
der and Carne?la Wilder, Defendants.
N PURSUANCE of an order by said
Gourr is above stated action, dated the
6r.'b day of October, ?. D , 1897, I will offer
for sale at Sumter Court House, Salesday in
November, 1837. (being the 6rst day of said
mooth) during the usual hours of Sale, Two
small tracts cf Land, with buildings thereon,
located in the City of Sumter, S. C., measur?
ing 150 by 50 feet, be the same a little more
or ?ess, kr.own as Lots Nos 21 and 25 on a
plat of Sixty Building Lots, laid out nod sur?
fed by H. D. Moise, C E , February, 1891,
and recorded m Book F F F., cn page 236,
in R M. C's office, of said county
Terms-Cash. Purchasers to pay for De
cssary papers.
THOS V. WALSH.
Cfit. 7, '97 Judge of Probate.
Master's Sale.
The State of South Carolina.
COUNTY OF SUMTER,
COURT OF COMMON PLEAS.
Daniel Kirby, Plaintiff, against Frances M.
Anderson. Frank McCoy, Cornelia A.
Lemon, John David Lemon, Defendants.
BY VIRTUE of a Decretal Order made in
the above stated case, and dated June
li, 1896, I will sell at public auction in front
of the Court Hcu*e io the City of Sumter, in
said State, on Monday, November 1st, 1897,
being Saleeday, between ;he hours of ll
o'clock in the forenoon and 5 o'clock in the
afternoon, the following premises, to wit :
Ail that certain tractor parcel of land,
?ymg and being io Sumter County, Lynch?
burg township, situated cn tbe public road
lea?ing from Lynchburg to Bisbopvjlie, and
known as the W. R. Parnell place, and
t'ounded as follows, viz: North by lands of
J W . Bradford, and 00 the East ai.d North
and West by lauds of J W. Bradford.
Terms Cash. Purchaser to pay for neces?
sary papers.
W.H. INGRAM, *
Master of Sumter County.
Oct.6.
The State of South Carolina,
COUNTY OF SUMTER.
By T. V Walsh, Esq., Probate Judge.
WHEREAS, SAMUEL BRADLEY made
suit to me to grant bim Letters of ad?
ministration of the Esiate and effects of Mrs.
Sarah E B.-.idley. deceased,
Thete are therefore to cue and adn onish all
and siogular th? kindred and creditors of ?he
said Mrs. Sarah E. Bradley, late of said County
and State, deceated, that they be and appear
before me, in the Court of Probate, tobe beid
at Sumter C. H., on October 20:h, 1897, 1
next, after publication theieof at ll o'clock j
m the forenoon, to show cause, if any they '
have, why the said administration should j
fi o I t)r g rar. lcd.
G:ven under ay band, this 5th day of j
October, Anno Domini, 1897
THOS. V. WALSH,
Judge of Probate, j
Oct. 6-2t. I
Load
OF
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Arrived on
FRIDAY, OCT. 1.
A good oli?-faorse, iron
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Sumter. S. C., September 8, 1897.
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