The watchman and southron. (Sumter, S.C.) 1881-1930, March 20, 1909, Image 8

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CORRESPONDENCE. LKTTPH8 PROM OUR SPK CIAL COH RKHPO ND NTS. of Interest From ell Parti? of and Adjoining Counties. '.NOTICE TO CORRESPONDENTS. Mail your totters so that they will reach this dfflct not later than li on* s|ay whan Intended for Wedresday's paper and not later than Tltursday xW Saturday's Issue. This, of course, fsspllet only to regular correspond In case of items of unusual value, send in Immediately by 11, telephone or telegraph. Such sjswn stories are acceptable up to the of going to press. Wednesday's tr to printed Tuesday afternoon Saturday's paper Friday after PfBGAH. Ptsgah. March 15.?The wet weath? er hae thrown the farmers back in their work. No plowing was scarce ty done last week, and it will be some ektys this week before the plows can start. A large amount of water has fallen here In the last fsw days. Oats beginning to grow and the peach are fast blooming. For some time It was realised that *) Sixth Judicial District was too to he convenient to the people. 00 a petition was gotten up asking flee legislative delegation to have It divided, which was done. In the same petition eras a recommendation of Mr. JL L. Qllll* for magistrate, be having paired the highest vote In this section fee magistrate last August. He has keen commissioned and Is now lu emerge of his duties. His first case tee* a conviction, thirty days or $25 teas. Fine paid. By request Rev. 8. B. Hatfield. Jr., fkfOuched at Mtspah church yesterday. 1 ass Informed that he preached a nne gejrsaon. Mr. T. J. Hatfield. of Sumter, came *Os> yesterday to see his brother, Mr. mX B. Hatfield. Jr., who continues low. / Mai eh ll.-rWe We- been sxesstag some every heavy rain recent By. Form work Is cut off for several dense). , Mr. U A. W ilts and Dr. T. D. Fox* lb spent Saturday in Blshopvllle. tr.. J. X. Rlchbourg hae gohe to rllle today. 4, Betes Leila Fowler, who hae taught <s>e Egypt school for the past term, EfSt for her home at Woodruff today. liked by patrons and pupils. Irene Weldon has gone to Col today. r. J. R. McLeod spent Saturday in Mr. Lawrence White and Ml?s ita McLeod ot Rembert, epent ay night and Sunday at this Sadie vs hits' is at Rembert for ? fsw days. Mr. J. C. McLeod was in Bishopvlile EOti rday. Rso* & B. Hatfield. Jr., preached Sat Mtspah Sundsy. i.Wi have no sickness to report. u ? BAGOOD. Higood Msrch 17.?Mrs. E. F. Banders and Miss Ella Dorroh. who 'leave been visiting Mrs. John Ashe sUeton. returned to their home In Oreeovllle Mondsy morning. Mrs Oslllard Stoney and little son. il Th wees left Mondsy for their In Allendsle. sfter a delightful to the former's sister, Mrs. T. O. Sanders. '"Mtos Ellen Roper, who has been Julian Sanders' guest for the two weeks, has returned to her In Spsrtanburg. tta. T. O. Senders Is visiting her er In AJIendato. Mr. A. K. HandTs spent several in Columbia last week on bust Mles Elise Stoney le ylsttlng relu fteei la this community, much to the dtothyht of her msny friends. Miss Nsls Sanders returned home smturday. after a delightful visit to F. A. Bultman In Sumtsr. MAX*! ex. starch lt.?Mr. and Mrs. Joe Hetties passed through Saturday go tosj to visit reletlves abovs Shlloh. Mr M. E. Truluck and family and Aisle f.mlth spent Saturday st a W. Truluck's. of Shlloh Mr. and Mrs. Steven Canty, of Laks r. visited at Mr E. R. Goodman's, I last week. One nlsht recently, at half past gf a- m.. a family was swskened sued made to draw the cover more ity by a Strangs and scary noise oes relieved end amused to find that a saw hung on a wall and the Wind was accountable. Thsrs Is near here a family con seating of four generetlons living enmf ?rtahl v cogether In one house. Th-i farmers ars wsll up with farm fL DARK CORNER. Dork Corner. March If?There little to writs about at this time tteee coeece. Ths land hae be come so wet from the recent rains until all farm work la at a standstill. Some of us contemplated to com? mence planting corn this week, hul unless the land gets dryer I do not think we will. I have heard of no one being sick this week. Dave Virgin, colored.' otte of lt. M. McLaurens driver's drivers, acciden? tally fell off of his wagon last Tues? day, the Mh, as he was returning from Broadway Siding, where he had been to- carry a load Of lumber. The wagon passed over his right thigh and his body, causing him a great deal of pain. He (Dave) was car? ried to Wedgetteld that evening by Mr. H. M. McLauren. I have not heard from him since. Allow me to say to Supervisor Pitts that I have seen the foot way across the pond near Barkley** Shop, on the Cane Savannah road, which Major Seale gave out to be done last June, has not been done. This foot way is certainly needed as whenever there Is a wet time parties that ride foot back have to go around nearly a quarter of a mile. Mr. and Mrs. Q. W. Scott visited the latter'* parents, Mr. and Mra. R. J. Weeks Saturday and Sunday, re? turning home( Cane Savannah) this morning. Mr. H. M. McLaurin has shut down his saw mill here, prepar? atory to moving It to Wedgefleld. Hit sawyer has gone to hla home at Jack? son Spring, X. C, for a week or so, and Mr. Curry, his woodman has ta? ken the trams and carts and is log? ging the McOee mill near Pinewoo< for Mr. H. J. McLaurin. Well, Mr. Editor, one of your sub* sorlbers writes old Sidra that he and his neighbors don't want him (Si drar) to quit writing for the W. ant 8. and Item. What strange fancies some people can have, but the oh saying you know, many men of man: minds, and I say there are many fools of many kinds, and that old aidra Is the most foolish one' of all or he never would have attempted to write for the public eye. Neverthe? less), as friend H. J, M. and Others urge me to continue, I will endeavor to do so for a while longer at any rate. Mrs. W. I* Burks and daughter. Miss Ida. of Ramsey, spent today with Mr. and Mrs. H. C. Scott near Plnewood. Mr. W. T. Kolb was accidentally shot In the hand yesterday by his nephew, Don Bartlette, who was playing with a pistol which was ac? cidentally fired off with the above re? sult. So much for raving the ready pistol lying around. Would to God there were no pistols or whiskey eith? er, but I don't suppose there was any whiskey In this shooting. It was done at Mr. Kolb's own house. As yesterday was so rainy, the Greenland Savannah Sunday achool dfd not meet Will meet next Sunday morning at 10 o'clock. What says the W. and 8. pencil pushers to having a picnic some time This spring. Mr. Editor. What sayest thou about It? (A picnic would be a fine Idea? Editor.) Dark Corner. March 16.?As Rev. [ J. ft Tolar is In the hospital to be operated on for appendecltis that th< Baptist church at Pinewood will not be organised on the 21st u~ mention? ed In my last, but we hope to organ? ise on the third Sundi.y night In April. FOR THE MON.W:\T. (Era Committee of Hons of Veterans Col? lects $289.75. The committee acting for Camp James D. Blanding. Sons of Confeder? ate Veterans, completed the canvass of the business section of the city Thursday afternoon, having collected altogether $289.75 for the monument to the Women of the Confederacy. The members of Camp Dick Ander? son, U. C. V., are also collecting a fund for the monument and it Is cer? tain that the city of Sumter will con? tribute altogether at least $300. It Is hoped that the balance of the county will glw at least another hun? dred for the monument. Subscriptions to the Monument to the Women of the Confederacy from Sumter. R. D. Lee.$26.00 B. J. Harby.25.00 R. I. Manning.25.00 Marlon Molse.25.00 H. D. Barnett. 5.00 G. A. Lemmon. 5.00 Walter Cheyne. 5.00 L D. Jennings. 5.00 John H. Clifton. 6.00 W. B. Boyle. 6.00 Schwurt? Brothers. 3.00 I. C. Strauss. 2.00 H. J. McLaurin Jr. 2.60 F Hogan ?t Son. 2.50 Lev! Brothers., . 2.00 Davis D. Molse. 2.00 E. 8. Booth. 2.0u d P. Lesesne. 2.00 A. 3. Flshburne. 2.00 George W. Dick. . 2.00 H. A. Mosss. 2.00 J. H. ("randier. 2.00 j(\ M. Hurst. 2.00 J. A. W ood . H. T. Edens . .. 2.0 . 2.0 J 8. Sykes. 1.0 Knight Brothers.. . l.C J. W. McKiever. l.C H. C. Parrott.. l.C Cash. ... ..... l.C A. M. .?roughton. l.( C. O. Rowland... l.( Manning Brown. l.( J. H. Winburn. .... . 1.1 O. L. Warren_J .. U E. K. Friar.. . LI M. H. Back. 1. Jas. F. Glonn. 1. J. H. Cunningham. 1. Jas. McCutchen . *S. . 1. W. D. Frlerson. 1. G. L. Ricker.. . 1. J. G. R. Wilder .h. ? Riley A. Bradham. 1. E. Bartow Shaw. 1. C. C. Brown. 1. M. B. Randle. . 1. 8. C. Baker. 1. R. D. Epps. 1. G. F. Epperson. 1. A. D. Harby. 1. H. C. DesChamps. 1. C. P. Exum. 1. J. D. Blanding. 1. W. C. Wise. 1. Geo. H. Hurst. 1. L. I. Parrott. 1. J. R. Sumter. 1. E. I. Reardon. 1. T. E. Richardson. 1. R. J. Bland. 1. Horace Harby. 1 W. Lorlng Lee. 1 Mark Reynolds. 1 T. B. Fr?ser. 1 A. C. Dick. 1 L W. Jenkins. 1 Xelll O'Donnell. 5 E. C. Haynsworth. 2 L. W. Folsom. 1 E. S. Miller.; 1 Sam Weeks. 1 E. W. Hurst. ...". 1 C. W. Stanclll. 1 R. X.' Abbey. J G. E. Haynsworth. 3 R. L. Edmunds. '? Geo. W. Hutcheson... T. V. Walsh. .. S. W. Stubbs. . .... .. . . ? - ! D. W. Cuttlno. J. D. White. Ralph Hill. W. S. Schumacher. Robert Shelor. W. G. Moses.. D. R. McCallum, Jr. E. W. McCallum. J. X. Brown. E. T. Brallsford & Co. A. Weinberg. S. H. Edmunds... H. H. Covlngton. J. G. DeLorme. . , C. E. Hurst. . . .. P. M. Pitts. .... ? ? J. P. Booth. W. L. Boyle. E. S. DesChamps... P. M. Parrott. ..... m R. K. Wilder. . . D. M. Blanding.... U. D. Graham.. ... W. B. Upshur. W. A. Thompson. . .. J. M. Woodley . . P. Moses, Jr. J. M. Brogdon.. .. J. T. Brogdon. L' I. Strauss. 7. F. Reid. T. J. Kirven. T. S. Jcy. riifton Moire. W. S. Reams. '. P. ?stren. M. D... H. C. Haynsworth . . O. E. Bostick. V. Manheim.. % . T. W. McCoUum. . . H. W. McCoUum.V. T. A. Rytter.berg. H. T. Fols?f ;n. H. L. McCoy. J. E. King. J. A. Schwerin. H. A. Hoyt. W. W. Slbert. H. A. Mood. M. D. 8. R. Smoak. L R. Well*. J. M. Chandler. W. M. DeLorme. J. M. Dick. H. L. Tisdale. E. W. Vogel. A. B. Stuckey. J. H. Darr. D. T. Meade, son of a Union Veteran. Cash. S. 8. Richardson. J. W. Shaw. A. H. Wilder. H. B. Rlggs. Jas. Calk. A. R. Flowers. . /. JP. H. Levy, Jr. H. R. Cambell.. 8. R. Chandler. Louis Lyons. D. M. Dick. Cash. Cash. W. D. Owens. R. C. Richardson. H. L Scarborough. H. L. Scarborough. H. Frank Wilson. W. J. Ress. H. G. Osteen. E. 8. Carson. Geo. D. Levy. T. H. Clark. THE COOPER TRIAL JURY OUT ALL DAY WITHOUT AGREEING. Judge Hurt Delivered Ills Charge Yes? terday Morning?V Lengthy Docu? ment, Covering All Point? of Lost liaised During Trial?Disagreement Not Unexpected. Nashville, Tenn., March 17.?With no indications that the 12 men are anywhere near an agreement, the opinion begins to prevail that a mis? trial will be the termination of the famous case against Col. D. B. Coop? er, Robin J. Cooper and John Sharp for the slaying of former United States Senator Carmack. Judge Hart at 4 p. m. adjourned court and start? ed for his country home. He said he did not think a country jury with no way to get home at night would be foolish enough to bring a verdict tonight "They'd stay over and get the night's lodging and breakfast at the State's expense," he added. Judge Hart began his charge to the jury at 9.30 a. m., and finished at 11: 15, at which time the 12 men retired to deliberate. The typewritten charge of 62 pages, about 400 words to the page, was handed to Juror S. J. Hyde" and according to custom in this coun? ty, this makes him the foreman. Judge Hart had declared his inten? tion of holding the jury together for a week or two If necessary in order to get a verdict. Judge Anderson of the defense ex? pected a verdict in 30 minutes or a mistrial. He would not discuss the delay tonight. The court's definition of an overt act was general in character and he instructed the jurors that they must decide whether or not the Coopers committed an overt act when they crossed the street to meet Carmack. As the court declared that no epi? thet, editorial or speech was sufficient to Justify even an assault, Mrs. Burch and Mrs. Wilson, Col Cooper's daugh? ters, frowned and the formers eyes filled with tears. The word "death by hanging" made the young women wince. Mrs. Carmack, shrouded in black, was In court, her son on the arm of her chair. A half hundred women friends stood or sat behind her and adjoining counsel for the State. Two private detectives stood near Attorney General McCarn's chair and kept a watchful eye on the crowd and a score of special deputies were distributed throughout the court room. When the Jury retired two depu? ties were placed on guard at the jury room door and two more at the foot of the stairs leading to the third floor. No one was permitted even to loiter around the foot of those stairs. The jurors were given luncheon at 12:30 and supper at 6 p. m. After supper the Jurors returned to their room and bursts of laughter and snatches of song indicated that the 12 men were not discussing definitions of murder or theories of self-defense. Just before 9 p. m. they summoned the deputies and announced that they would "turn in" for the night.** Judge Hart's charge in part fol? lows: "Ths purpose te kill is no less pre? meditated, in the legal sense of the term, if it was deliberately formed bht a minute preceding the act by which death is produced than if it had been formed an hour or other period of time before. ? "The question of vital import is: Was the mind of the assailant at the moment of the killing so far free from excitement or passion as to be capable of premeditation, and was the death of the party slain the ob? ject sought to be accomplished?the end determined on?.Malice nec? essary to constitute murder in the second degree is not confined to an intention to take the life of a person actually killed (as in the case of mur? der in the first degree), but include? an Intention to do any unlawful act which may probably result in depriv? ing v. person of life." Judge Hart defined heat of passion as excitement of such a nature as would obscure the reason of any ordi? nary man and render him liable to do an act which might cause death. "Previous threats by the deceased against the defendant, or acts of hos? tility towards him, or previous abuse of him, how violent sover It may be, is not such provocation as the law recognizes as sufficient to reduce an unlawful killing to manslaughter if the killing was done at such time af? ter these things had been done as a reasonable person would have regain? ed self control." Of reasonable doubt Judge Hart said: "Absolute certainty Is not de? manded by the law to convict of any ciimlnal charge, but moral certainty is required." On self-defense: "The law of self-defense is thus de? fined by our supreme court: To ex? cuse a homicide, the danger of death C. L. Stubbs. . . . H. D. Tlndal . . W. O. Slngletary 1.00 .50 .50 real or honestly believed to be so at the time and upon sufficient grounds, it must be apparent and imminent. Previous threats and even acts of hos or great bodily injury must either be tility, how violent soever they may bo will not >f themselves excuse the slaying. "To constitute this defense, the be? lief or apprehension of danger must be found (i on sufficient circumstan? ces to authorize the opinion that the deadly purpose then existed and th<> fear that it will at that time be exe? cuted. The animosity of the deceased agalngt the defendants, as indicated by words or actions then and before, is a proper matter for the considera? tion of the jury on the question 3f reasonable apprehension, but if the killing is not done under the fet.r it is calculated to inspire, or the fear is feigned or pretended, the defense will not be available. "It is hard'y necessary to say that the real or apparent necessity brought about by the design, fault or contrivance of the defendants is no excuse, but if the fear of a* less in? jury than death or great bodily harm be indicated by the proof then the grade of the offenee would be lessen? ed, though it would be ineffectual as self-defense." Judge Hart said that ordinarily a witness who testifies to an affirmative is to be preferred to one who testifies to a negative. Defining conspiracy the court said: "It is not necessary, in order that they become co-conspirato: s, that they should talk the matter over and agree as to what portion each one should perform. It Is sufficient if there is-' a tacit understanding be? tween them. "The State insists that John D. Sharp was nearby, if necessary to participate in any way that might be necessary in the killing, or was there for the purpose of making himself a witness. If you believe this .to be true, it would be your duty to con? vict all of the defendants of murder in the first degree. "Or if you believe that D. B. Coop? er had threatened the life^f Carmack that he said he was going to kill him, or one or the other of them must die, or that the town would not be big enough to hold them both, and that he had written a note for the purpose of sending to said Carmack, stating in substance what had already been sent in a message by Mr. Craig to the de? ceased, and that he did not send the note at the solicitation of his friends, but on seeing Senator Carmack hl3 intention to take Carmack's life was revived, if he ever had It, and that he formed at that time a fixed pur? pose to carry that Intent into execu? tion, and crossed the street for that purpose, either to open a fight direct? ly on their getting together or having a conversation with him, Intending thereby to bring on a fight, and if the said B. W. Carmack resisted, to take his lite, and that Robin Cooper was present, intending to assist his father in any and all extremes and un? der any and ill circumstances, it would be for you to determine whether or not the approaching of Col. Cooper and the language used by him as he approached, if any was used, was such an overt act as would reasona? bly cause the deceased to believe that he, the defendant, D. B. Cooper, was about to carry his alleged threat into execution and that he was ap? proached by both of them in this manner and form and had reason to believe that his life was about to be taken or done some great bodily harm ?in that event he would have the right to defend himself from the threatened attack, and if the defend? ants, D. B. Cooper and Robin Cooper, thus approached and he fired the first shot or shots under these cir? cumstances and they returned the fire, either one or both of them, and took his life and caused his death, in that event, gentlemen, the defend? ants could not avail themselves of the right of self-defense unless there was something to show the deceased, either by words or action, that they had abandoned their purpose, if they ever had any, and did not mean to carry the alleged threats In? to execution. But, whether there was or was not an overt act on the part of the defendants, D. B. Cooper and Robin Cooper, is a matter for you to determine In the light of all proof which the court has per? mitted the witnesses to state in >our hearing for your consideration. "In other words, if you believe from the facts that D. B. Cooper and Rob? in Cooper approached Senator Car? mack on a mission of peace, if they were attacked by the deceased, they would have a right to use such means as were in their power for their own self-defense. But if they intended to take the life of the deceased if he made any resistance?in that event, the plea of relf-defense would not be available and you would be warrant? ed in finding them guilty of murder in the first degree. "As to the defendant Sharp, the State does not Insist that the proof is sufficient to warrant a conviction of htm under the second count in the indictment, that is an accessory be i fore the fac .. J "The court further charges you that you may, as the proof may war? rant under the rules as heretofore laid down for your guidance, find either one or more of the defendants guilty, either one or more of them not guilty, find some of them guilty of one grade of offense, and others guilty of another grade of offense. Or you may acc uit all of the defend? ants. "The court further charges you that it is insisted on by counsel that extra judicial conversation is the J weakest of all contradictory process 1 es; that is conversation had out af I court by witnesses with persons not under oath anc. spoken in a direct way, but you will take these, if any appear in the proof, and consider thein along with the other evidence and give them such weight as you may think they deserve. "The punishment for first degree j j murder is death. A recommendation to mercy accompanying such a ver? dict would give the court the option 1 of reducing the sentence to life im I prisonment. For second degree mur I der, 10 to 20 years; voluntary man I slaughter, two to 10 years; involun? tary manslaughter, one to five years." NEWS FROM MANNING. Sketches from XJfe in the Charming 1 Capital of Clarendon County. Manning. S. C. March 18.?The special or "Shoo Fly" train was de I railed Tuesday afternoon in the yard J here and after an hours hard and persistant work the train proceeded j on her journey, an incipient riot was averted for had it been delayed much longer a number of Knights of the Grip would have precipitated It C. C. Smith, Esq., of the Sumter I bar, was here Saturday on legal bus I iness. I Miss Rosa and Aieen Lessene, ac I companled by Miss Elizabeth Wells, J visited the former's parents at Os I wego. j Mr. Warren Moise, manager of the J Sumter Iron Works, was In Manning I Tuesday. Mr. W. H. Ingram, a prominent j real estate operator of Sumtef, was I here during the week visiting rela? tives. Nelson Pack, a very worthy color j ed man, died near St. Paul. He was I 70 years old. His wife preceeded j him to the grave ?' *?''* 21 years ago, ,and he leaves surviving him two sons and four daughters. He leaves an estate estimated at 120,000 obtained by strict, honest: methods, economy and Industry. He was highly esteem? ed by his white neighbors. About 2, 000 negroes attended his funeral as well as a number of whites. Mr. Samuel M. Riddle, an accom? plished pharmacist, representing a large Charleston Drug house, was here this week in the interst of his profession. Mr. W. B. Whaley, a well known and much admi.'ed traveling sales? man of Charleston, was here this week. Mr. H. S. Harper and his charm? ing wife, of Meacville, Penn., are the guests of the Hotel Central. They expressed themselves as delighted with the Sunny South. Mr. Joseph Kaminski, represent? ing a large grocery concern of Georgetown, was in our midst on Monday. He has many friends here who gladly welcome him. The genial ;tnd lovable Mr. W. T. P. Sprott, a prominent citizen of For eston, was greeted by his host of friends on Wednesday. Mr. T. C. Moore, of Durham, N. C, who will be manager of the King stree Tobacco Co. Warehouse is at the Central. Mr. A. L*. Lesesne, of Sumter, for? merly a targe and influential planter of the Silver section, and who has still large interests in Clarendon county, was greeted by his numerous friends. Mr. Lesesne is a splendid product of the New South. Mr. C. A. Bicker, staff representa? tive the Atlanta Home Insurance Co., Is here in the interst of his company. He is a polished and courteous gen? tleman. The lovely Mrs. Thomas Evans Wilson, of Darlington, is visiting her parents, Mr. and Mrs. Briggs. St. Peter Lodge No. 64 conferred the M. M. degree upon Mr. Jackson McFaddin. He is holding his newly acquired honors modestly, but with a certain degree of that great pride which all good men should have when they have reached the acme of J their ambitions and can Mr. Mc j Faddin even expect to receive greater distinction than was conferred upon J him last evening. A banquet was served and there was a "feast of reason and a flow of soul" and P. M. W. M. former District Deputy Grand J Master of the 14th district William C. Davis was called upon and In elo | quent, impressive and In a highly in? structive manner, dwelt upon the beauties, the grandeur, the nobility, the broad humanity and the practi? cal side of the greatest order on the globe. His remarks were listened to with rapt attention and the day Is not i far distant when he will occupy the I position in the East to which bis great abilities and his untiring ef | forts so fully entitle this gifted son of Masonry. "So mote It be."