Historical Newspapers of South Carolina

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TMl FOR SPtVENS. C?CIIT QUANT* AP Of' COMVICTKII 11IU LS MAN. r, Who Wat Convicted aaal Aaauutnl to Ufr Inii<rt*onroc nt tsw Aitinl c uniphchy In Killing i>ff e\ K. GailUrtl. Maat Go to tun Pen* feeutflury. Oetn?bsn, r??b S.?Osorgs Spiv*ns, t the atfuaa nun. who was convicted of * aanWdnw for tho kllllnr of Jam** E. ~ " \ and sentenced to life linprls gets a i.ew trial The de? af the euprems court was mod t tana afternoon, r* versing; the circuit ?sig* la refusing Spivens a new trial, found of reversal \s that the send In earludtng the dying af Oalllard, In which ho that tha mar. who shot him was aa> tho ground and not on .fha trenn. ?we tragedy, happening at mid , llNe'en whan the circus was preparing Mia taawe Manning, has always been t fsfcfeeded la mare or leas mrrterv. p and there was a strong belief, voiced ay the jadgs et the trial, that ill the fneC had not, for some reason, be?n. L aenagbt out. Tfie opinion of the supreme cour; mb written ay Juotlce C. A. Woods. ? sei Is a very clear paper. In sub * Mean tt is ae Miows: i The trial ef the defeaiants for the istuHirr of James aV Oalllard in gee 4 ;afaJ ?netone e-iurt far Sumter re* a\ah>4 1? convention, with a rectm for mercy, and the cou tence to Mfe Imprison i fatal shooing occurred near a ?Jesu* train at Manning, in Clarendon |M ant Oalllard died In a nospltal 3?T te?^w*^ % Tdaa tadletments charged felonious assnuUt m Clarendon and death at The defendants made no on? to* tan trial at Semter, but oa afppal lasseted that th* trial woe a srallHr, alleging exclusive jurisdiction ^ai fee ettenoe eharged to be In the k aaaseene esairt for Clerendo.i, where ' ?At fatal Injury was Indict**!. Tdse art of ltse provides: "When m shell he struck, wounded, or otherwise injured In one nauarty and eae thereof In another, ?tar mejutaltlon or Indictment thereon gy jurors of Other county shall te ae good ;*ed effectual In law as If faia atrvks. wound, poisoning or other salary had be<o committed and dox?e IB tnw ooeiity where the party *hal. r Tan statute als?? provide* that a trail and conviction in either' county nanll be valid. Bat It was claimed that this en of Ittf was repealed b> thl- pi?vMcn of the lltl constitution: Section 4. Ar tseh> f: "'Jnless a change of venus be hast ander thn provision* of th-s ar . tless the d< f-mdsrts shall be tried In gaa county where the offence was com asJffed." 'in the absence of a controlling slat ate ths offence is generally regarded ae eosnmPt?d In the pi where the aesawful Injury was inflicted, and not where death occurred. But the constitutional provision mast Us read In ths ligh: of the ?tat nte ef MIO. which provide 1 that the snTsnce was to be considered eoenn?tted in both counties, and trtuble In either. When the constitution provided for the trisl Of defendsrt In the county where tin offenen was committed, it meant ra the county where tho offence wan deemed committed under the law ae It thin was. The appeal on this ground Is not sustained. The con? tentions thst as to Spivens the ver? dict Is euppirtel by the evidence, and on behnlf of l>oth that a verdict cm reeling both tsnnot be a truo verdict, becausn ut.der the evidence of the prosecution it Is lmpo**lb!s for both to be guilty. er*? not sustained. Ako th? contention that evilenc? was sup? pressed Oy fear of tlolonce. as inti? mated by the trial Judge In his charge, ss not sustained. "The remaining question." says Jnmice Woods, "Is whether ths circuit judge erred In sustaining the objection of counsel for McOoomer to the testimony of Dr. stuck**, as to a state ment made to him by Oalllard. which the counsel for aplvens was seeking to Introduce s? a dying declaration." ih t p.nlon then staw* the famili?r conditions for the admission of dying o+clarettons "P-dii arl!v." says the opinion, "ths circuit judge decides whsther these conditions have* been mat and this court will not Interfere with his ruling except when cloarly convinced that he reached an Incor? rect conclusion prejudicial to the ac? cused. W ? ars constrained to think thst there was euch erraff In this eats." It wee shown by testimony that Oni'lard bolleved hlmseif fatally wound.vi and never caprtHssd any hope ef recovery. Hut Dr. Slue key's statsment wss e*'bided. In which oe relntnd thst In an?wer to a question whether the man who ?h ?t him was on the ground *r -?n the train. Oall Inrd replied. "Mi was on ths ground, end dote to me.'' Jeutl:s Woods dee tares thai Oall husj waa sea nt feel hj la a moribund oon dltlon and evidence was clearly ad? missible. Its exclusion was prejudi? cial to Splvens who Is a white man, for the reason that several wltnesees for the State testified that the fata; shot was fired by a negro standing: on the around. On the contrary, VVm Logan, a witness fur McCoomer who Is a negro, testified that they wire fired by a white man standing on the platform, and this testimony of Logan, says Jut lice Woods, is the most direct connecting Splveua with the homicide. 'This error was, there* fdre. favorable to McCocmer, but prejudicial to Splvens, and as t) him there must be a new trial. The '.ludgn *nt of this eourt Is that as to the defendant AftCoomer, ihe judg? ment >f tho court of general sextons be affirmed, and as to the defendant, Splvens. that tho judgment bu re? versed and the cause be r-.-manded for a new trial/* MEETING EXECUTIVE COMMIT? TEE. Matters Acted Upon by the Commit? tee Kegardlug the Coming Munici? pal Election. At a call of the chairman the execu? tive committee of the city Democracy met Friday afternoon at the clerk of court's office.' Present?Major Marlon .idsc. Ed? gar Skinner, J. W. McKelver, B. H. Rhame, H. A. Moses. Chairman Hayneworth being absent. Major Ma? rlon Moire was c* led to the chair. As the city democracy April 17. 190? adopted the following resolution: "Resolved, That in ths Democratic primary the two candidates from each ward receiving the highest number of votes be declared the nominees *>t the party for aldermen for the city, the said aid jrmen to be voted for by the qualified voters of the city at large." rule fourteen was changed so as to read. "No ballot shall be counted un? less It Ov. tains the name of at leaat cue of the regular candidates foi may >r and tho names of two of the regular candidates from each ward for the office of aldermen." Rules fifteen and seventeen wore changed to accord with the now plan of elec? tion of aldermen. On motten of Mr. J. W. tfefeiver no one shall be allowed to vote In the rtty primary except resldtm* of (he tity who are quullhed olectors as t-hown by fche books hf the county su? pervisor of registration and that the registration books or a true copy thereof shall constitute the i*>ll litt. Moved and carrier that tho first pri? mary he held Tuesday, March 24. and if a second primary bo necessary Tuesday. April 7, and If a third pri? mary be necesssry. Tuesday, April 14. That public speaking of the. can cid at es be held Thursday evening. March 19. at tho court house. That the assessment for the can? didates for mayor bo $10 eueh, that the aascctment of a candidate for al? derman be $2, that the assessments be pa pi and the pledges be filed with the secretary by g o'clock of Saturday. March 21. Moved and carried that the polling place of Wards 1 and 4 be at the city hail and for Wards S and 2 undtr the portico jf the Farmers' Bank and Trust Company building, unless the use of such places be prevented. The rule* of the city Democracy were ordered changed so as to con? form to the dates of this year and U the change previously adopted and noted above. * The chairman and secretary were appointed a committee to attend to all matters of detail and to carry out the work of the Democracy. The mooting then adjourned. Keeping Open House. ?Everybody is welcome when we feel good; end wo feel that way only when our digestive organs are work? ing properly. Dr. King's New Life Pills regulato tho action of stomach, liver and bowels so perfectly one can't help feeling good when ho uses these pills. 25c. at Slbert's Drug Store. Tho Greenville city council has r-r dorsed the Invitation for th? Confed? erate veterans to hold their r. union there In the spring. ?Grippe Is sweeping the coumtry. Step It with preventlcs, before it gets deeply seated. To check early colds with these little Candy Cold Cure Tablets Is surely sensible and safe. Preventlcs contain no quinine, no laxative, nothing harsh or sicken? ing. Pneumonia would never appear If early colds were promptly broken Als? good fcr feverish children. Large box. 48 tablets, 26 cents. Vest pocket boxes 5 cents. Sold by Slbert's Drug Store. August Llnncrt. a white man nr rested In Bennettsvllle for forgery, has been taken te Norfolk where he la wanted. ?Ever>thlng taken Into the htomnch aheuld bo dlgeeted fully within a cer? tain time. When you feel that vour stomach Is not In good order, that the food you have eaten Is not being di? gested, tako a good, natural digest* ant that will do the work the digest? ive Juices are not doing. The best remedy known today for all stomach trouble la Kodol, which la guaranteed to give prompt relief. It Is a natural dlgoatant; It digests what you eat It le pleasant to take and Is sold here by nil druggists. NO DECISION MADE TsY JUDGE PHITCHAKD. Humors of Division Against State oi South Carolina Seem to Have Heen Unfounded. Columbia, Feb. 8.?Preceding the dlsclvarge of heavy artillery in the senate yesterday came the rumoi that Judge Pritchard had decided airainst the State of South Carolina. The ru? mors were persistent. Gov. Ansel, Mr. Lyon or no other representative of the State government had been in? formed by Judge Pritchard, and the rumors all came from the friends of the opposition to Mr. Lyon's fight. It was rumored that Judge Pritch? ard had already called certain law? yers to Richmond to advise him upon some points In wtiting his decree, as is done very frequently by judges in order to get decrees filed with the minimum loss of time. Another rumor had it that Judge Pritchard would designate a lawyer named Best to bo special matter. Beet was Judge Pritchard's stenographer, but has an office in Columbia now. The State made inquiry in Ashe vllle, Charleston and Richmond, and at a late hour received the following from the Times-Dispatch at Rich? mond: "Richmond, Va., Feb. 7.?There waa no proceeding affecting the South Carolina dispensary case before Judge Pritchard today. T. Moultrie Mor decal of Charleston had a few mo? ments' talk with Judge Pritchard, al? though it is said that it did not relate to any contemplated action in the Flclschmann matter. Judge Pritch? ard said tonight that he had not made up his mind as to whether or not he would assume jurisdiction and appoint a master. Mr. Mordecnl left for the South tonight." Judge Pritcharl'8 delay seems to be more enccuraging to those who wish to have the State courts go ahead with prosecution, for it U ar? gued if he were Inclined to assume jurisdiction, he would have done so early in the week. Mr. Lyon did not seem at all de? pressed by the rumors as to Judge Pritchard. "You will never see nr.e lose heart until the supreme court of the United States decides against us," he said, "and of that I have no fear. While the delay is vexatious in some ways, In others It Is helpful. We are getting help dally, and I am more hopeful and more confident now than I havo ever been." 'Stop that tie kling cough' Dr. Shoop's Cough Cure will surely stop It^. and with perfect safety. It is so thoroughly harmless, that Dr. Shoop tells mothers to use nothing else even with very young babies. The whole? some groen leaves and tender stems of a lung healing mountainous rhrub furnish the curative properties to Dr. Shoop's Cough Cure. It cajfms the covgh, und heals the sensitive bron? chial membranes. No opium, no chloroform, nothing harsh 'ised to Injure or suppress. Demand Dr. Shoop's. Take no other. Sib ort "s Drug Store , - > THAW IS TO STAY IN ASYLUM. Unit Is He Will Remain at Multen wan for the Present at Least. Matteawan, N. Y., Feb. ?.?Dr. Lamb, superintendent of the State Hospital for the Criminal Insane, said today that If after 30 days or so It Is his belief that Harry Thaw if not in? sane It will be within the province of the hospital auth< rlties to so certify on the court and recommend his release. A commission in lunacy or other proceedings would not be nec? essary, he declared. The physicians at the Institution are not making observations of Thaw as yet, as they felt that he has not re? covered from the excitement caused by his recent trial for the murler of Stanford White. Ha is considered a model prisoner by the physicians and on account of his good behavior has been allowed certain privileges. Dr. Erltton D. Evans, tht alienist and A. Russell Peabodv, of counsel for Thaw, today visited the patient. Before seeing Thaw the visitors had a half hour's conference with Dr Lamb. Dr. Evans said he did not come to Matteawan to make an exam? ination of Thaw, but merely because the patient appeared to be cheered by his visits. 'fhat there is friction among Thaw's counsel over the question whether an attempt to have him released from the asylum shall or shall not be made Is denied, and it is stated that Evelyn Xesbit Thaw has become re? conciled to Thaw remaining In tin hospital for the present. It Is said also that It Is unlikely that the mem bers of Thaw's family will visit him frequently at Matteawan. La Grippe and Pneumonia. ?Foley's Honey and Tar cures la grippe coughs and prevents pneumo? nia. Refuse any but the genuine In the yollow package. Slbert's Drug Store. Hate furrows the brow.?Danish. This May Interest You. ?No one Is Immuno from kidney trouble, to just remember thut Fo ley'a Kidney Cure will stop the Irreg ularltlcj and cure any case of kidney and bladder trouble that is not be yor d tho reach of medicine. Slbert's Drug Store. Richmond Timos-D'spatoh: Nowa? days every candidate for the presi? dency must show I lie stuff he is made of by passing through a stiff course of. dollar dinners. Omaha Bee: Brazilians have had a pood look at the Monroe doctrine. Chicago Record-Herald: In Herlin e po.ice charge the populace. Here ihe butl hers do it. Washinglen Post: Som? men will nd fault with ai y kind of financial legislation that does not make it un ? cccs^ary for them to work fer a Hv-V In*. Michigan Leader: The Eastern au or who says that modern transpor? tation hat* kided romance must have verloeked cur international marria? ges. Thete Is no ploying fast and loose with truth, in any game, without growing the worse for it.?Dickens. ?To stop that pain In the back, that Btlffnees of the joints and muscles, take Plnules. They are guaranteed. Don't suffer from rheumatism, back? ache, kidney trouble, when you get 30 days' treatment for $1.00. A single dose at bed time proves their merit. Get them today. Sold by Sibert Drug Co. 12-l-3m Baron Miller, a well known young business man of Charleston, proposes to go to New York in an auto. ?A weak stomach means weak stomach nerves always. And this Is also true of the heart and kidneys. It's a pity that sick ones continue to drug the stomach cr stimulate the heart and kidneys. The weak nerves, not tho organs themselves, need this help. This explains why Dr. Shoop's Restor? ative has. and is promptly helping so many sick ones. It goes direct to the cause of these diseases. Test this vital truth and see. Slbert's Drug Stcre. I The semi-annual meeting of the State Fair Society was held on Wed? nesday night. Special Announcement Regarding the National Pure Food and Drug Law. ?We are pleased to annource that Folcy's IIon*?y and Tar for coughs, colds and lung trouble is not affected by the national pure food and drug law as it contains no opiates or other harmful drugs, and w? recommend it as a jxfc remedy for children and adults. Slbert's Drug Store. - A young white boy of Chester fell in a fire and recelvel burns that may result in his death. buffering and Dollars Saved. * *E. S. Lopcr, of Marilla, N. Y., says "I am a carpenter and. have had many ?evere cuts healel by*Bucklen'9 Arni? ca Salve. It has saved me suffer? ing aud dollars. It Is by far the best healing salve I have ever > found."' Heals burns, s^res ulcer*, fever sores, eczema and piles. 2Ce. at Sl? bert's Drug Store. Why is It that people who say dis? agreeable things t* one's face are call id honest and people who say pleas? ant tilings are called lliUcrers? | ?Bees Laxative Cough Syrup Tor | coughs, colds, croup and whooping j cough grows in favor dally. Mothers J j should keep It on hand fer children. I I It Is prompt relief to croup. It is gOTttly laxative, driving the poison and phlegm from the system. It gives Immediate relief. Guaranteed. Sold by Sibert Drug Co. 12-l-:im I ,_ I Tho Carnegie lihjgry at Honea I Path has been comj?eted and turned I over to the town. ?Use DeWltt's Little Early Rl.?ers, pleasant little pills. They are easy to take. Sold by all druggists. Pitch pine, which has been consid? ered almost worthless. Is new n de? mand for cranberry barrels. ?Ring's Little Liver Pills wake up lazy livers, clean the system and clear the skin. Try them for bilious? ness and sick head ache. Price 26c. Sold by Sibert Drug Co. 12-l-3m There came near being a wholesale jail delivery In Marlon the other night. An Assyrian put the jailor wise and thereby prevented the es? cape of the prisoners. Ho who is easily satisfied with his work will never achieve greatness.? Gothe. Preserve your good humor. It is a signal of defeat for all the enemies of the soul. Indianapolis Xew.s. M'mCmt we on't seem to be making much head ay toward putting th .se prominent id wealthy malefactors in prison. When we are happy we geek those horn we leve; in sorrow wo turn to those who love us.?Cecil Raleigh. Associate with the noblest people you can find; read the best books, ve with the mighty.?Scottish He former. Religion can only defend truth as discovers new truth. DON'T EXPERIMENT. Vou Will Make No Mistake if Follow Tills Sumter Citizen's vice. You Ad Never neglect your kidneys. If you have pain in the back, uri? nary disorders, dizziness and nervous? ness, it's time to act and no time to experiment. These are all symptoms f kidney trouble, and you should seek a remedy which is known to cure the kidneys. Doan's Kidney Pills 13 the remedy to use. No need to experiment. It has cured many stubborn cases In Sumter. Follow the advice of a Sum? ter citizen and be cured yourself. George W. Hancock, formerly of 27 Canal street, Sumter, S. C, says: 'Dona's Kidney Pills will always have my endorsement. I have used them for my kidneys and back. I have been down In bed on account of my back several times and suffered the most Intense pain right across the loins I could not turn over without us? ing my hands, and then It seemed as if my back would break. My urine was very dark, full of sediment and caused me to rise several times dur? ing the night. I used everything I iould get hold of, but nothing seem? ed to do me any good, and I have been confined to my bed weeks at a time and just hobbled around the rest. I heard of Doan's Kidney Pills and got a box at Dr. A. J. China's drug store. I have used three boxes of them, and the pain In my back has left, my urine has no sediment, and I can go around without a cane and feel like a new man. Doan'.o Kidney Pills Is the best kidney remedy." For sale by all dealers. Price 50 cents. Foster-Milburn Co., Buffalo. New York, sole agents for the United States. v Remember the name?Doan's^?and take no other No. 53 PATENTS S'ROCURED ANDDEFt N DED.Send model, rawing or photo, for ?pert Mine and free report. Free advice, how to obtain patent?, trado mark?, copyright*, etc., )N ALL COUNTRIES. Business direct with Washington saves timey money and of tin the patent. , Patent and Infringement Practice Exclusively. Write or come to us at 613 HLath Strait, opp. TTaU*d Btatel Patent O?c?, WASHINGTON, O. C._ 1 GA'SNOW & KILL.the COUGH AND CURE the LUNGS with Dr. King's New Discovery PRICE _ _^ 50c & $1.00. lds Trial Bottle Free AND ALL THROAT AND LUNG TROUBLES. FOR CSUSI18 GUARANTEED SATISFACTORY OB MONEY REFUNDED. Indigestion Stomach trouble la but a symptom of. and not in itself a true disease. We think of Dyspepsia. Heartburn, and Indigestion as real diseases, yet they are symptoms only of a certain spectre Nerve sickness?nothing else. It waa this fact that first correctly led Dr. Snoop in the creation of that now very popular Stomach Remedy?Dr. Shoop's Restorative. Going direct to the stomach nerves, alone brought that success and favor to Dr. 8hoop and his Restorative. With, out that original and highly vital principle, no such lasting accomplishments were ever to be had. For stomach distress, bloating, biliousness, bad breath and sallow complexion, try Dr. Shoop's Restorative-?Tablets or Liquid?and see for you*, self what it can and will do. We sell and cheaa fully recommend Dr. Shoop's Restorative SIBERTS' DRUG STORE. TAX NOTICE. The County Treasurer's office 1st Court House building will be open for the collection of taxes without penal? ty, from the 15th day of Oeteber v> the 31st December, 1907. The levy is as follows: For State, 4 1-2 mills. For County Ordinary, 2 3-4 mllfa. For Sinking Fund Loan, 1 mill. For Constitutional Schcol, 3 mills. Polls, $1.00; Capitation Dog Ta^, 60 cents. Also special school at follows: School District, No. 1, 2 mills. School District No. 2, 2 mills. School District No. 3, 2 mills. School District No. 4, 2 mills. School District No. 11, 2 mills. School District No. 12, 3 mills. School District No. 13. 3 mills. School District No. 14, 3 mills,. School District No. 16, 2 mills. School District No. 17, 3 mills. School District No. 18, 2 mills. A penalty of 1 per cent added for month of January, 1908. Additional penalty of 1 per cent, for , month of February, 1908. Additional penalty of 5 per cent, for 16 dayii in March* 1908. T. W. LEE, Treasurer for Somter Cov 10-2-0^-3-16-08 Do You Enjoy What You Eat ? You can eat whatever ana whenever yos like If you take Kodol. By the use of this remedy disordered digestion and diseased stomachs are so completely restored to health, and the full performance of tbeit functions naturally, that such foods as would tie one into a double-bow-knot am eaten without even a "rumbling" and whh a posi? tive pleasure and enjoy me it. And what is more?these foods are assimilated and transformed into the kind of nutriment thai is appropriated by the blood and tissues. Kodol is the only digest aid or combination j of digestants that will digest all classes of food. In addition to this fact, it contains, is assimilative form, the greatest known tome and reconstructive properties. Kodol curec indigestion, dyspepsia and ai disorders arising therefrom. Kodol Digests What Yon Eat Makes tho Stomach Sweet. Bottles only. Regular size, $ 1. DO. holding 2% time* the trial size, which sells for 50 cents. Prepared by E. O. DeWITT & CO.. Chicago, Ha For Sale by all Druggists._ For You. If you are in the market for a Pi? ano, Organ or Sewing Machine see or p write me, and I will give you mom for your money than any on* else. Call and see "The Best." Beautiful Upright Piano from I16# up. New Home Sewing Machine from $27 up. Organs from $30 up. Old pianos, organs and sewing ma? chines taken in exchange. New ones j sold on easy terms. I Repairs of all kinds done, and sup*, plies of all kln&s furnished. Write for prices. Office telephone. No. 181, resident telephone No. 162? i M. B. HANDLE. Manager, 10 West Liberty Street, Sumtes, S. <X 9-25-ly HONEYudTAR The original LAXATIVE cough remedy. For cour/ha, colda, throat and luns* troubles. No opiates. Non-alcoholic* Good for everybody. Sold everywhere*. Tho genuine FO LEY'S HONEY and TAR is im a Yellow package. Kef use substitutes*. Pro pa rod only by Foioy Sl Company, CnlCQ?? SIBERT'S DRUO STORE. GOV. R. B. GLENN Of North Carolina, [Says About GOWN'S :: PNEUMONIA :: CURE The Great External Remedy For Coughs, Colds, Croup, Throat and Chest Troubles m I make it a rale never to recommend T\ medicines until I have myself tried them, as there are a great many in the land that are perfect shams, bot bavin? tried your core for Golds, sere throat and other inflammutcry troubles, I bavs no hesitation in cordially recommending it to the pnblio, for I think it a blessing to the people?especially to the children. I have known of its being used for PNEUMONIA and throat troubles with marvellous effect. It is with pleasure that I give yon this testimonal. Any? time in the world tbat I can say a word for your company, I will do so with #.* ont hesitation or reserve. jMn a**..<~~ l* , For Sale by All Druggists, $1.00, 50c. and 25c. I EES LAXATIVE COUGH SYRUP OONTAIN8 HOMY AND TAR. CONFORMS TO NATIONAL PURI FOOD AND DRUM LAW. An improventf nt over many Cough, Lung and Bronchial Remedies, because It rida irm system of a cold by acting as a cathartic on the bowels. No opiates. Guaranteed to tfiwm w satisfaction or money refunded. Prepared by P1NEULE MEDICINE CO.. CHICAGO. U. ft. A*