Historical Newspapers of South Carolina

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WOULD SAVE MERER. HH IPAMII i\ i>? i i s< i of oH \N(.i Hi RG Ni:<.no. ? rink'' i iiiiiKiin ( use Now Before United stuf??* Supreme Court?l>c femlani In Ornngeburg ?lall ?adjri Sentence for Killing Constable Val? entino In i?07?\ppeal Argued in Two Week* Washington. April I,?Protesting against what he terms an attempt,In some Southern States to reduce the negro to captivity, Charles J. Bona? parte, formerly Attorney General of the United Ctates. tiled a brief In the Supreme Court of the United States led*? In behalf of "Pink" Franklin, a 8outh Carolina colored man, who on a charge of murder, Is sentenced to be hanged. Franklin, under an "agricultural contract p> work for J. P. Thomas, in Orangeburg County, S. C, In 11)07 quit before the contract expired. A statute had been passed in South Car* oltna making It a misdemeanor for a laborer to break such a contract if be had no' indebted to his em? ployer. A warrant was swon out for Franklin's arrest. The constable, H. I Vulontine, in attempting to arrest the negro, went to the latter's house, entered and was killed. Franklin was convicted of the murder. Mr. Bonaparte's brief attempts to show that the negro had a right to resist arrest and protect himself, family and domicile, because the stat? ute on which the warrant was based had been held to be obnoxious to the State Constitution, violating the Fed? eral Constitution, and that any at? tempt to enforce the provisions by 1 the arres. of a person In the situa? tion of Fra ?klln, constituted a crime against the United States under the laws torolddtng peonage. "The South Carolina Act, under which It was attempted to reduce the plaintiff in error to captivity," Bays Mr. Bonaparte, "belongs to a class of statutes passed in several South? ern States Intended to enable land owners to compel specific perform snce of contracts for personal service on the part of the agricultural labor? er l and to this end, making It a crlmo for such laborers to leave the sendee of their employers if they shall become Indebted to the latter. "The poverty and improvidence of such laborers in these States usually cause them t< need and request ad? vances from the land owners during the reason .when there is little de? mand tor their labor, and the effect of these statutes Is to deprive this particular (lass of citizens of their freedom of contract with respect to labe r as a consequence of this In? debtedness." He claimed that the warrant for Franklin's arrest had been held two months, until Thomas wanted him to work again. In speaking of this and other circumstances, Mr. Bonaparte says that "it is submlted that the plaintiff In error was fully justified In using reasonable force to protect his person, his liberty and his habi? tation, and thr.t in his situation, as shown by the evidence for the State, the fir * of the fatal shot was not an unr ( UM Of force for these purp s< In lift I 'nsj Ms brief Mr. Bonaparte says it gsegM proper to call the court's attest* n to "the danger of oppression an 1 denial of Constitu? tional rights |q the class of citizens which Include the plaintiff In error, If they are forbidden, on pain of death to defend themselves against similar violent attempts to reduce tb. m to virtual shivery." "If these poor people are prohibit? ed, urrbr the penalty of death, to defend their Constitutional rights, when left ntly Invaded in remote and Isolate i communities, in view of their Ignoran ? . frlendlessmss and pover tv." he adds. "It Is little better than a mockery to tell them that Judges are ready and courts are open to release them from unlawful re? straint." t ass Interests Hoeahcraers, Washington, April .">.?Southern Com ? ; I, n ir- tonight discussing with core than ordinary Interest the action of former Attorney General Bonaparte In appearing before the Par of the United Stat s Supreme t'oirt In the SSleact of the South Carolina negro. Pink franklin, con \l<t.d of murder In that State In ? ' . 1'ranklin was umb r an "agrl t! contract," the kind that are In for e In many of the Southern Stat? a and he quit before the obli? gation was completed, and this ac? tion, under the South Carolina law. beeane n misdemeanor. < >n an at tempt to arrest him. franklin killed the constable, Henry ft. Valentine and was eoavlctod of murder. Mr. Ilonaparte will cite the opinion of a ?listriet Judge, |o the effect that th.? to gTS had I right |e resist ar rest, beeaaes las statute, upon which tbo arafartd was Issued. had been held obnoxious to the State ?"onstitu tl >n. and als?? that It violated the Federal Constitution, in that such a contract. If valid, would foster peon? age." Mr Ilona partes appearance In the S*f || vtow< 1 as an effort to declare all contracts, similar to thoee under which the South Carolina negro was arr- stt I. null atl 1 VOl 1, and to prove thai the custom now In vogue In praetleally all the Southern States of binding tenants, Whether white or Mack, to work until they have repaid amount! advanced them upon which to make their crops, com? under the general head ol peonage, Two or three years ago, when Mr. Bonaparts was Attorney Generali he sent Mrs. Quaekenbos t<> various parts of the South to investigate al? leged "peonage" eases hlH outside of railroad camps and phosphate mines, she failed to find anything up? on which to base prosecution*. Just why Mr. Bonaparte is to take a hand in Franklin's case Is not yet clearly understood. The case will come be fore the court In about two weeks. CRITICISING l>H. STILES. \ Home-liaised Scientist Takes Ex? ception to Some of Hookworm Fx |?crt's Statements. To the Editor of The Daily Item: Saturday I heard Dr. Stiles' second lecture, which was on tuberculosis. He said many things, in a plain way; he Is not a professional lecturer. He said consumption is not hereditary, it Is a white man's disease, and not a negro's, though three times as many of the latter die as the former, from the trouble. The Doctor said nothing new on the subject. All leading and progressive magazines have publish? ed in the mran what he said. The keynote of the lecturer was sanitation. He might have stressed this point more. Only twice during the hour of lecture did he become declamatory, and then when he con? demned the single cup in the Lord's Supper, which he characterized as uclean, unsanitary and improper. He said If he were a health officer, churches would be forbidden to use the single cup. We take exception to the Doctor's strictures on the Holy sacrament and say he does not know whether germs rn transmitted, for no developed cr.se traceable to the communion is <>n record, If it is, it is not publicly known. The other burst made by the Doctor was when he held public school teachers and preachers responsible for soil pollu? tion In the country around public places. Where are the doctors of the COUntry( with all their germ theory? Why do they not educate the dear" people? Are they not responsible? Do fht> not know? The my tll*y I ? I knew that school teichcrs .?nd preaol era, the inadequacy paid were responsible for much, but 1 did not know until I heard Dr. Stiles, they must bear the blame for soil pollution. Though they may be lead? ers, thinkers and publicists, they are not the only guilty ones. To prevent the spread of diseases of germ origin or bacilli, one will perhaps In the near future have to bag his head, breathe through a sponge, wear asbestos clothing, not shake hands, steer (dear of begrim? ed and germ filled money, not kiss his wife or anybody else, live alone, and do as the lepers of old, cry un? clean. I have not been fumigated, keep off, avaunt, skldoo. On the whiskey question his advice is good and worth folowlng. May his lectures: do good. AUDITOR, Sumter, s. a, April 4, ioio. STATE OF OHIO, CITY OF TO? LEDO. S3. LUCAS COUNTY. Frank J. Cheney makes oath that he is senior partner of the firm of f. J. Cheney & Co.. doing business In (he city of Toledo, County and statt1 iforeaald, and that said firm will pay m "f one HUNDRED DOL? LARS fOf toell Rnd every case of Catarrh that cannot be cured by the IUM Of Hall's Catarrh Care. FRANK J. CHENEY, ?worn to before me and subscribed In my presence, this 6th day of De? cember. A. D., 18S6. (Seal.) A, w. QLBASON, Notary Public Rail l Catarrh Cure is taken inter? nally, and acts directly on the blood ind mucous surfaces of the system, -end for testimonials free. W. J. CHRNBT A l '< >.. Toledo, O, Sold by ull Druggists, T.")C. Take Hall's Family Pills for Con rtjpatlon. WRECK Neak GREENWOOD. rnglntll <'. R, HUSUM Probably Fa? tally Hurt. Greenwood, April 7.?Freight train No. II on the Seaboard A'.r Line ran into a burning trestle over Corouaca ? reek, about five miles east of town, about I O'eloell this mortdng, with the result that practically the whole train was wrecked, engineer ami Hre n badly, perhaps fatally, hurt, and other members of the crew Injured. Bngtneer Cal Hlnton bad his skuii fractured and Fireman Komp was Injured Internally. Both were hur? ried to a hospital in Cheater. Flag? man MoClung and Conductor Carroll were injured, but not seriously, Bvery family and especially those 'Abo reside In the country should be provided :,t all times with a bottle of Chamberlain1 Liniment, There is no telling when it may be wanted In oasj i of an accident or emergency, it Is most excellent In all cases of rheumatism i sprains and brul Sold by WiJSV. Blbert, CHARGES IGAIXST NEGRO EX SOLDIERS SUSTAINED. Result of a Year's Investigations An? nounced?Find That Non-Perform? ance of Duties by Officers on Fatal Night Caused Shooting Affray? Fourteen of Dismissed Men Ellglhle Per Reinstatement. Washington April C.?The Milit?r.. Court Of Inquiry, which, during the List year, has been investigating the shooting up of Brownsville, Texas, finds that the evidence sustains the charge that the shooting was done by soldiers Of the 25th infantry, colored. As to the charges made by the mayor and citizens of Brownsville, the court is of the opinion that, first, the ?Oldiers of the 25th infantry, station? ed at Fort Brown, Texas, did, on the night of August 18-14, 1906, shoot in? to houses of the town of Brownsville, Texas, occupied by men, women and children, killing Frank Datus, a citi? zen of that town, seriously wounding the lieutenant of police, M. Y Pom i inguez, catising him the loss of an arm, and killing ids horse under him. The court is unanimous in its opinion that the evidence sustains the charges. s. cond. As to the disciplinary as? pect of their crime, Including the per? formance of duty by officers and en? listed men of the 25th infantry, gar? risoned in Fort Brown, Texas, on the night of August 13-14, 1906, as meas? ured by the standard in the army, the court is of the opinion that if the ofli cors, non-commissioned oflicers and privates had performed their respec? tive duties on the evening of August :::-14, 190G, immediately prior to the shooting affray, with appreciation of the obligations and responsibilities devolving upon them by the serious situation then confronting them, the shooting affray could not have oc? curred. Also, it' Immediately alter the shooting, when the men had been charged with the crime, a careful in? spection of every man in the garrison, ineulding his arms, equipment and ammunition, had been made, as was attempted at daylight, several hours afterwards, some of the guilty men would ha\o been discovered. Third. As to the eligibility for re? instatement, a majority of the court finds favorably as to the qualifications of the following men: Company B, 25th infantry, Jones A. Coltraue, Ed? ward L. Daniels, Edward Warfield. Company C, 25th infantry, Lewis J. Baker, Clifford I. Adair, Henry W. lrvin, Calvin Smith, John Smith. Company D. 25th infantry, Ilobert Williams, Wrintor Washington, Ellas Grant. John A. Jackson, Samuel E. Bcott and Wm. Van Hook. Brig. Gen. Theodore Schwan does not concur in the second conclusion. Lieut. Gen. Samuel B. M. Young and Major. Gen. Joseph H. Fanger, do not concur in the third conclusion. According to the terms of the Act. creating the board of inquiry, its find? ings are final, and cannot be revised by anyone. Saved From The Grave. *T had about given up hope, after nearly four years of suffering from a severe lung trouble," writes Mrs M. L. Dlx, of Clarkesville, Tenn "Often the pain in my chest would be almost unbearable and I could not do any work, but Dr. King's New Dis? covery has made me feel like a new person. It's the best medicine made for the throat and lungs." Obstinate coughs, stubborns colds, hay fever, la grippe, asthma, croup, bronchitis and hemorrhages, hoarseness and whoop? ing cough, yield quickly to this wonderful medicine. Try it. 50c and $1.00. Trial bottles free. Guar? anteed by Sibcrts Drug Store. A FISHING PARTY. Lots of Fun ami a Gracious Plenty To Eat. Mr. J. D. Shlrer invited a number of his friends to accompany him to Remlnl Wednesday for a barbecue, and fish fry. They were met at the river by a party from Calhoun coun? ty. There were thirty-five in the party. There was an abundance to oat and fishing was good. Those who went from here pronounce it one of the pleasantest trip they have taken In some time. Those who went from Siiniter were Messrs. J, I >. Shlrer, Jim l)lutiding, Perry Moses, Sr., W. W, McKagen, A. i>. Harby, Lad son Boyle, J, P. Booth, W. H. Seals, Gra? ham Moses, ll. It, H?tts, H. T| Edens, Ham Pierson, Rugene Forshee, Louis Lyon, H, L. Scarborough and l>r. J. I. Brunson, Barton Lavan went as handy man. Prompt relief in all cases of throat and lung trouble if you use Chamber Iain's Cough Remedy. Pleaaanl to take, soothing and lie;.ling in effect. Sohl by VY. W. Blbert. n..b Duncan, Ralph McCatl and < larence Welborn have been 'ested 11 Greenville for drugging and roh? I ing Mr. James Alken of p?71. Diarrhoen should be cared without loss of time and by a medicine which like Chamberlain's Colic, Cholera and Diarrhoea Remedy not only cures promptly but produces no unpleasant after effects, it never falls and Is pleasant and sale to take. Sold by \\\ w. Blbert. mm, br?fi gases, j INDICTMENT AGAINST PROMI-; KENT CAPITALIST. Prank \. Hoffstot, Officially Identi? fied With Pig Financial Institutions, Charged With Bribery and ('on piracy?Two Other Hank Officials Enter Pleas of Nolle Conteiulere. - Pittsburg, April G.?The climax in I the Pittsburg graft exposure came, as promised, late today with the pre? sentment by the grand jury of a long iv port, in which is recommended the indictment of Frank N. Hoffstot, pres- ' idont of the Pressed Steel Car Com- { pany, and one of the most prominent business men in the country. Simultaneously in the open court I came a plea of Fmil Winter, president of the Workingman's Savings and Trust Company, that he had no de? fence to make to the charge that he gave a $20.000 bribe to former Coun? cilman Morris Enstein. The court ordered indictments drawn against Hoffstot in accordance with the grand jury's presentment, namely, on two counts of bribery and one of conspiracy to defraud the city. The presentment reads that Hoff? stot shall be ordered to appear as a witness, and "in ease he does not do so immediately that the district attor? ney of Allengheny proceed forthwith to extradite him." The presentment concluded with an ? ?rder that the investigation continue along the lines already pursued, which is taken to mean that more men higher up are yet to he named. Just before President Winter's ap? pearance in Judge Eraser's court, James Anderson, the general book? keeper of the Workingman's Savings Pank and Trust Company, of Alle geny, had also pleaded nolle conten dere today to a charge of falsifying the books of the bank in connection with the payment of $20,000 to En stein. The pleas of Winter and Anderson came timely, for the district attorney said that otherwise they were to have been indicted today. The Demon Of The Air. ?is the germ of LaOrippe, tha breathed in. brings suffering to thousands, its after effects are weak? ness, nervousness lack of appetite energy and ambition, with disordered i liver and kidneys. The greatest need then is Electric Bitters, the splendid tonic, blood purifier and regulator of Stomach, Liver and Kidneys. Thous? ands have proved that they wonder? fully strengthen the nerves, build up the system and restore health and good spirits after an attack of Grip If suffering, try them. Only 50 cents Perfect satisfaction guaranteed by Siberts Drug Store. BOAT DISASTER INJURES SCORES Explosions Occur on Ship Near Dover England. Dover, England, April 7.?A terrific explosion occurred early this morning on the British steamer Cairnrona off Dungenness, which wrecked the wo? men's quarters, killing one child and injuring a number of women and children. , The steamer caught fire and a pan? ic ensued, in which men fought for the possessions of the boats, and had to be beaten back by the crew to al? low the women to be taken off first. A large number of the pasesngers were landed this evening, many of them in an exhausted condition. In all twenty were seriously Injur? ed and not less than fifty were slight? ly injured by the explosion and in the panic that folowed It. The board of pardons has refused the petition of Walter Allen, tent up from Greenville county for 3if3 tot murder. For Infants and Children, The Kind You Have Always bought No Chances Are Taken When you conic to us to have your eyes examined, as our Op? tical Parlor is in charge of a (iiactuate ()ptician. Krames fitted properly. All work guaranteed. No charge for examination when we fit you with glasses. We also fill your Oculist prescriptions reasonably and properly. W. A. Thompson, Jeweler and Optician. PhiB9 333. ? ? No. 6 S. Mailt St The Kind You Have Always Bought, and which has been in use for over 30 years, lias borne the signature of r-jff and has been made under his per r^r^^j^^^y-T^- sonal supervision since its infancy* v^?^VZT ''UtC/UOC Allow no one to deceive you in this* All Counterfeits, Imitations and ? Just-as-good,J are but Experiments that triile with and endanger the health of Infants and Children?Experience against Experiment* What is CASTORIA Cast or ia is a harmless substitute for Castor Oil, Pare* goric, Drops and Soothing Syrups. It is Pleasant. It contains neither Opium, Morphine nor other Narcotic substance. Its age is its guarantee. It destroys Worms and aHays Feverishness. It cures Diarrhoea and Wind Colic. It relieves Teething Troubles, cures Constipation and Flatulency. It assimilates the Food, regulates the Stomach a:;d Bowels, giving healthy and natural sleep. The Children's Panacea?The Mother's Friend. GENUINE CASTORIA ALWAYS Bears the Signature of The KM You Have Always Bought In Use For Over 30 Years. TMC ??NTAUR COMPANY, TT ?UllftAV STRUT, NCW VORrV CITY. YOU REACH THE RIGHT SPOT for superior building materials, when you call at McKiever's. We can fill the bill every time. Whether it be sash, doors, blinds, rough or dressed lumber, we can give you estimates that for quality and prices can't be beaten by anyone. The Sumter Door, Sash & 3Jind Factory, '. McKei 'er Proprietor. Birnie's Drug Store, 5 W. Liberty St. Sumter, S. C. -Dealer In Pure Drugs and Medicines, CHOICE PERFUMES AND FINE TOILET ARTICLES, COMBS AND BRUSHES, PATENT MEDICINES AND DRUGGISTS' SUNDRIES, A FULL LINE OF CIGARS AND TOBACCO. :: :: :: :: :: OUR MOTTO: PURE UND RELIABLE GOODS. in Our stock is complete and we cheerfully solicit your patronage. :: :: :: Banking. The Farmers' Bank and Trust Co. Offers unexcelled banking facilities, and wants your business. :: :: Remember That One Dollar in the Bank does more work than Five in your pocket. It is our business to make money work. Deposit your Dollars with us and help Sumter grow. 15he = Bank of Sumter.