The watchman and southron. (Sumter, S.C.) 1881-1930, April 16, 1910, Image 1
TU*: St MTEU WATCHMAN. Es tab Ii
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H\ MMKIMOV NEWS LETTER.
Automobile* and Fish Fry* arc Popu?
lar at Summcrton.
Summerton. April 11.?The South?
ern spring being coincident with the
return of the planting season is iden?
tified largely with renewed activity in
the business world; and yet there 1? a
suggestion underlying the world Itself
that aeems to establish a license for
out-dour aports and excursions. Our
papers of the past two weeks have
with more or less prominence given
a place to the accounts of picnics and
flan fries. Naturally, so closely ac?
cessible are they to several points of
interest and quite a number of good
fish ponds. Summertonlans are no ex?
ception |a llM rule. With rod and
creel. In buggy, wagon, and even au
tomobl'e they are passing ;'rotn all di?
ms en route to various points on
the river. Not a great many claim
anv unusual luck so far, and with
their friends of the farm and garden
are anxious for some rain.
The above reference to the auto?
mobile suggests further mention of
Its Ineresalng popularity In this com?
munity. Dr. I* C. Stukes is the most
recent purchaser; and we must need
con dude from the frequent visits of
agents that there are others. The
local agency received a number of
new machines last week, and are en?
thusiastically demonstrating.
? News was received here Saturday
that the Oeneral Merchandise store
belonging to Mr. J. R. Eadon. located
a few miles from town, was f eatroyed
by fire. Mr. Eadon moved away from
here the first of the year, and was
doing a nice business down at Car
rlgan'a Cross Roads. We understand
that he had some Insurance, and hope
that his loss Is not \ery great.
With deep regret and sincere sym?
pathy, we note the death of the
youngest child of Mr and Mrs. S. <\
Hogan. The little girl was sick but
a few days with some affection of
the wind-pipe, and very little hope
was given for her recovery from the
first. The body was taken to the
home of prof, ifn^n near Columbia,
and the Int took place there.
Hog m Is superintendent of the
Summerton Graded School, and he
with his wife during the seven
months' r- -I lence her" have made
manv friends. Mr. and Mrs. Tlogan
returned on Saturday, accompanied
by the former's sister. Mrs. Suydam.
Resulting from the sale of the
St-mss-R-.< m business, Summerton
is to in e Mr and Mrs. A. A. Strauss
who for the past several monttu* hav ?
made their home in our midst, r.'rs.
Strauss leaves this morning for Sum
b r in.I Mr Strauss will follow when
business permits. We had hoped fof
their per nanent residence here.
Miss Mirnie Scarborough of Mm
nlng. spent Sunday with her family
here.
Quite a number of Summerto'dans
will VMM ?"harleston this week to at?
tend the exercises on the battleship
* South Carolina."
Dr. C. E. Morris spent a few days
last week with relatives In George?
town. R. C.
Mrs n. (\ Scarborough went to
Charleston Inat week for a few davs*
stsy.
si m in; \\ roMonn i nVVTLY
COMPANY.
Ifsasfl ? \t Mols? anil T. C. It* Id
are the lncor|H>mtOfU,
A commission has Maw Issued |o
th?? Sumter Automobile Supply Co .
to do business on a capital of $:;.0ihi
The In-..rporators are Messrs. K. W
Molse and T. C. lb Id. The <'ompnny
will sell automobiles and automobile
supplies and do a general automobile
ref?alr business.
Nothing of Interest to the genrral
public waa transacted by court this
week. ?>nly appeals from magis?
trate's courts were heard.
All the bids put on for the f* ?.?per
property on Church and Calhoun
streets and Harby avenue wer* re?
jected.
ShUi April, 1850. Be Just an
I. BUI
G^RMAOK'^:UeP?M::?.
COYER NOR GIVES LIBERTY TO
DUNCAN B. COOFER.
l\\?N-uti\e \ction Immediately Pol
lowed Announcement of Supremo
< oiirt's Decision Sustaining Ver?
dict, and Document was Signed
ion Heading of Opinion was
Concluded?New Trial for Robin
i\oper.
Nashville. Tenn.. April 13.?A sen?
sation equalling that which inflamed,
In November, 1908, when former
1'nited States Senator Edward Car
mack was shot and killed on a promi
n??t street in Nashville, was created
by the pardoning by Governor M. R.
Patterson, today of Col. Duncan R.
Cooper, who, with his son, Robin J.
Cooper, was convicted of the murder
of Carmack. The issuance of the
pardon on the Governor's own in?
itiative, without a formal petition be?
fore him. followed quickly the reading
of the opinion of the Tennessee Su?
preme Court affirming the verdict of
guilty in the case of Col C ?oper, un?
der sentence of twenty years in the
penitentiary, and reversing the lower
court in the case of Robin Cooper,
who was sentenced to a like period
for the earmark murder.
The news of the Court's action and
that of the Governor In pardoning
Col Cooper spread quickly through
the city, causing Intense excitement
and heated discussion by numerous
groups of partisans.
?Jovornor Patterson wrote the full
pardon for Col Cooper and filed It
with the Secretary of State, while
Thief Justice Reard was yet reading
i dissenting opinion In the ea?e of
Col Cooper. In a statement given
to the press almost Immediately, the
Governor said:
"In my opinion neither of the de?
fendant is guilty and they have not
had a fair and impartial trial but
were convicted contrary to the lav
and the evidence."
The conviction and sentence of
Col. Cooper was affirmed by a divided
Court. In an entirely different line?
up of the justices, the Court split as
to the guilt of Robin Cooper, by a
vote of I to 2, the lower Court being
reversed and the case remanded for
a new trial.
The reversal of the case of Robin
Cooper Is based on assignments of
error in the trial Justice's failure to
charge separately as to Robin Coop?
er's theory of self-defense, linking the
defence of the two defendants to?
gether: excluding testimony of Gover?
nor Patterson as to talks with Robin
Cooper, and advice given him as to
Col, Cooper before the tragedy: and
the admission on oros??-oxamlnation of
Robin Cooper as to the intent of cer?
tain State's witnesses in testifying as
to certain Incidents.
Col Coopor was stm at the Capital
when the pardon was entered in the
Secretary of state's office, Tie was si
once BUrrOOUnded bj a crowd of
friends seeking to congratulate him.
lie was calm. and even cheerful,
through it all. as If he had received
sn acquittal, The reversal in his
>n'? case seemed to interest and
plf UM him to the exclusion of his
own fate.
"1 wanted Robin's vindication more
than t wanted i pardon,*1 was his
smiling remark, when told of the
Governor's action In behalf of him?
self. Leaving the crowds about him.
he entered a carriage with his daugh?
ter. Mrs. Lucius E. Rurch. and his
ter-ln-law, Mrs. James C. Bradford,
and SCCOmpalned by Marshall Robert
Marshall, was driven to the county
Jail, where formalities In connection
with the pardon were gone through
with and he was released. He reach
t 1 the Jail at 2.20 p. m.. leaving there
about 2:30 for the residence of his
daughter. Mrs. Durch. Robin Cooper
1H under a ISS.teO bond, His friends
freely predict that he will not again
be arraigned for trial. Should he be,
it would be ? most difficult undertak?
ing to secure a jury In Davidson
County under the law's requirements.
The opinions were read before a
c,,tirt room packed to suffocation, the
corridors being crowded with those
unable to gain entrance. Every word
wnn listened to with breuttlleSS Inter?
est, and the scene wi;i a memorable
one. It marked nn epoch la not only
the legal annals of the Sta. ?, but the
political ss well, The Democratic
part'.- of Tennessee has been rent In?
to bitter factions over the prohibit?
ion question, and as s wheel within n
Wheel, "the Cooper case" has played
a * onsplclous part.
Cooper Is the close friend and al
leged political adviser Of Patterson,
Who Is the leader of the ant! prohibit?
ion forces in Tennessee, Carmack
was the chief of the prohibition move?
ment Patterson was a most Import?
ant witness for the defence at the
trial of the Coopers for the killing of
j in a ti
id Fear not?Let all the ends Thou A In
WTTER. S. C, BATUB
DIS! ENSARY IFUIBS W?RM.
COMMI88IOX HELD EXECUTIVE
: SESSION WEDNESDAY.
Membon Apparently Dissatisfied Wltil
Status of Carolina Glass Compa.iy
Matten? Decrees Aggregating
MOO,000 Entered Up Against Whis?
key Houses?Attorney Folder Makes
Plain Statement?Criminal Prose?
cution Probable.
Columbia, April 13.?Reversing
what appeared to be the sentiment of
at least two members of the commis?
sion at the morning session, the dis?
pensary winding-up commission late
today, in executive session, entered up
decrees against certain whiskey firms
for more than $800,000. The firms
named in the list given below are al?
leged to have overcharged the State
during the days of the old State dis?
pensary system, and the attorneys for
the commission say that the amounts
named represent overcharges for the
purpose of paying rebates and com?
missions to the State's agents.
Dr. W. J. Murray, chairman of the
commission, who protested so vigo?
rously at the morning session that
judgment should not be, entered
against the firms unless the evidence
were before the members of the com?
mission stated tonight that the entries
made this afternoon are not judg?
ments, but merely decrees by default
taken against these firms on the state?
ment of the attorneys for the com?
mission. The firms not appearing in
answer to the notices sent out, requir?
ing production of books and other
documentary evidence, the decrees
w?re entered against them.
It was contended by Col. Felder,
Of counsel for the State, that the
books Of these firms would prove the
charges against them.
The method of recovering of the
amounts against the several firms will
be by recourse to the courts. There
are no claims against the State by the
firms named below and all matters
brought up are almost entirely new.
It was also learned tonight that Mr.
W. H. Songley's testimony before the
commission was in regard to the gaug?
ing of whiskey. He testified, it Is stat?
ed, that the dispensary did not buy
on the basis of the regcuge, which it
should have done. This matter, it la
Stated, affects all the cases.
When Col, T. B. Felder, of the At?
lanta firm, asked the dispensary com?
mission?with Messrs. W. J. Murray,
A. X. Wood and J. Steele Price pres?
ent?to enter judgment against the
whiskey firms that, it is claimed by
the commission's and the State's at?
torneys, owe the Commonwealth a
vast sum of money, a snag was struck
in the hitherto rather smooth sailing
before the commission. Chairman
Murray and Mr. Price declared that
they would not vote to enter judgment
against these firms unless the evidence
were presented to them.
There followed quite a discussion
along this line, and prompted by Col
Polder. Mr. Blice made a motion that
the commission SO Into executive ses?
sion. It was staed that "as some ot
the matters to be considered may he
evidence to be used in criminal prose?
cution, it would be well f ?r thih to be
an executive session." The news?
paper men present took the hint, and
filed out of the Supreme Court, where
usually all sessions are open, and the
commission continued its work in pri
\ ate.
W. H. Songley was a witness before
the dispensary commission this after?
noon. Nothing was given out as to
the matters testified to by Mr. Song
ley, Mr. Songley is said to have been
an employee at the Rlchland Distil?
lery, so it is presumed that his testi?
mony was relative to the affairs ot
this concern. Mr. Songley was at
one time a guard at the Penitentiary
Prior to the brief open session of
Ihe commission this morning, Messrs.
Murray, Price and Wood were *n con?
ference with none ot the attorneys
present, not even the Attorney Gen?
eral of the state. Messrs. Pattonanl
MoSween bad not arrived on the
B< ene. *
What took place at this scssi >m of
the commissioners was given to the
public only In part. While no state
ni??nt wi n made for publication except
thai Chairman Murray subsequently
related what the commissioners were
I inferring about In a brief conversa
Carmack, whose death, his friends al?
lege, was the outcome of political ma?
chination. Now the verge of an
, election of the Judiciary, the Supreme
Court was called on to pans finally
upon the case over which it seems,
the party factions have actually align?
ed! hemselvcs on one side or the other.
Por sixty-nine days the Court had the
case and the State has been on the
tip-toe of expectancy as opinion da)
? Mine and went its being referred to.
is t at be thy Country'.?, Thy Hod's am
ID AY. APRIL 16. v.~>\
; tioM wiih the correspondent for The
News ; i.d Courier, it is learned tho:
some >f the commissioners are not at
all p'eared with the Carolina Glass
Compiny proposition.
ChiT.man Murray frankly stare 1
' that lie was not pleased with tho sit?
uation. He intimated that on account
of the h tter written by Attorney W
P. Stevenson to the Carolina GIpss
I Company, the commission is bound to
take care of the Glass Company as to
the funds tied up in the county dis?
pensaries. "Yes, we were talking over
some matters," said Dr. Murray "We
are not satisfied with the Glass Com?
pany business, at least, I am not. Mr.
Stevenson's letter looks to me as if it
Is binding on us."
Mr. A. X. Wood, of Gaffney, one
of those who conferred today took
also, in effect, the position of Dr. Mur?
ray. Mr. Wood added that the com?
mission knew nothing of the letterat
I the time, that the matter was not
I brought before the commission.
There is now before the Supreme
I Court rule to show cause why the
I commission shall not be enjoined
I from taking for the over-judgment
I the Carolina Glass Company, the
I funds tied up in the county dispen
I saries to the amount of about $6,000.
I The following is, in part, the judg
I ment of the dispensary commission
I against the Carolina Glass Company,
I contained in the Injunction proceed?
ings papers:
"The commission finds that the to
I tal amount of sales, after making all
I proper corrections therein, made by
I the Carolina Glass Company during
the entire period of the transactions
I with the State dispensary up to the
I time it was abolished, was $613,437.
Of this amount the sum of $09,108
I was for goods sold during the year
I 1906, and the short period during
I 1907 during which that dispensary
I was conducted, so that the total sales
I made by the Carolina Glass Company
I during the years preceding the year
I 1906 aggregated $51-1,329.90.
"The commission finds that, bogin
I ning early in the year 1 906, as the re
I suit of a legislative investigation made
I by a committee appointed by the Gen
I eral Assembly of the State of South
I Carolina and the resolutions adopted
I by the General Assembly relating
I especially to the contracts with the
I Carolina Glass Company hereinbefore
I referred to, the Carolina Glass Com
I pany was forced to and did lower its
I bids to prices which, during that year
I and the short period of 1907, during
I which the dispensary was operated.
I were substantially in accord with the
I lair and reasonable market price of
I the goods sold during that period;
I but the commission finds that during
I the years preceding 1906 the over
I c harges made in excess of the fair
and reasonable market price for the
goods sold was $51,4 32.99. which
I should be and is hereby offset
against the claim in favor of said
I Carolina Glass Company, to-wit. its
claim for $23,013.75, which, being de?
I ducted from the amount of said over?
charges, the commission finds said
I Carolina Glass Company to be Indebt
I cd to the State of South Carolina in
the sum of $28,419.24.
1 "Whereupon judgment is rendered
In accordance with the foregoing find?
ings.
! "Signed this November 17. 19 09.
\V. .1. MURRAY?No.
I JOHN McSWEEN?No.
i A. X. WOOD.
AVERT PATTON,
.T. S. RRIOE."
The letter from Attorney Stevenson
substantially stated that the funds
owed the Carolina Glass Company by
the various county dispensaries would
not be disturbed. This letter and the
contention that the Act of 1910 is un?
constitutional are tin- main basis of
the Carolina Glass Company's attor?
neys in the injunction proceedings to
be heard on the 26th instant, before
the Supreme Court.
Around the claii>i of the commission
against the Riohland Distilling Com?
pany rontres much interest. The com?
mission, through its attorneys, are
claiming thai this firm owes the State
of South Carolina between .<i;O0,00O
and $700.000. Col. Pelder today be?
fore the commission claimed that the
amounts were practically arrived at
by an examination of the invoices and
comparing these with other bills
against outside purchasers just as was
dene in the case of the other firms
against whom the commission entered
ovcr-judgmentfl and deducted sums
for alleged over charges.
Col. Folder made the statement
that the Rtchland Distilling Company
was organised for the purpose of
plundering the state" and that it sold
everything from "knockout" Kin to
the other grades of whiskey, although
it was established here for the dis
tllllng of corn whiskey.
Col. Fehler also made the statement
that the Information as to over?
charges was practically conclusive as
I Truth's." THE TRUJ
0. Sew Seri(
far as he was concerned. It is under?
stood that witnesses have been exam
Ined before the attorneys, and that
certain affidavits are in hand in con?
ti, tction with this claim and others.
After naming the owners of the
distillery, Col. Felder made the state?
ment that certain o.her directors
owned stock in the firm. "Name
them." asked Chairman Murray.
"I prefer not to name them 1
lie." replied Col. Felder. ?
It was at this point ..fc-0^ -ld
er called Mr. Rr; ,a>- .ae and,
after a W?* i ..erence, Mr.
Brice me " ^v- ^n that executive
sessic .aer of the day. Be?
fore t. iion was put two out of
the thrc- newspaper men present were
out of the room, and in a few mo?
ments the commission was alone with
the attorneys.
In a preliminary statement Col.
Felder, after calling attention to the
fact that notices had been sent the
firms to produce their books, and
none had sent them here, asked the
commission to enter judgments
against the firms in accordance with
the Act of 1910. This Act gives the
commission the right to enter up
judgment by default.
At this point Dr. Murray objected
to the entering of judgments since
none of these claims had been consid?
ered by the commission. Mr. Brice
also took this position, and the mat?
ter was still in statu quo at?the time
the open session lease expired. What
happened in the executive session
could have changed the complexion,
of course.
Once a list of claims was published,
showing the amounts whiskey firms
claimed to be owing by the State. Now
the commission, through its attorneys,
cdaim the following amounts:
Elias Block & Son, Cincinnati, $8,
750.
Ferdinand Westerheimer & Son,
Cincinnati, $2,825.
Atlanta Brewing and Ice Company,
Atlanta, $8,900.
Kohn Distilling Company, Mont?
gomery, Ala., $550.
S. Grabfelder & Co., Louisville, Ky.,
$57,568.
Eagle Rock Distiling Company, Bal?
timore, $3,875.
J. A. Freidberg & Co., Cincinnati,
$470.
Mallard Distilling Company, New
York, $15,170.
Riehland Distiling Company, Co?
lumbia, $672,801.37.
Alfred E. Norris & Co., Philadel?
phia, $900.
Acme Brewing Company, Macon,
$15,640.
Rosskam, Gerstloy & Co., Philadel?
phia, $14,705.
Bluthenthal & Dickert, Atlanta. Ga..
$32,469.86.
Ma honey ville Distilling Company,
Portsmouth, Va., $320.
Sig & Sol II. Friedberg;, Cincinnati,
$1,000.
The destination of these claims will
probably be the United States Su?
preme Court. There is involved $S00,
oro in these claims. Four firms have
already been sued in the State Courts.
The others will probably also be sued
in the State Courts. If they make an?
swer they will be subject to the juris?
diction of these courts, if not they
will have to be sued in the United
States Supreme Court.
It was intimated today also that
there would be criminal prosecutions.
SERIOUS CHARGE AGAINST
BOARD.
Card by Hon. Claude E. Lawyer
Arouses Interest at Alken.
Aiken, April 13.?Considerable in?
terest was aroused by an article in
one ofthe local papers this morning
written by Mr. Claude E. Sawyer,
president of the Anti-Saloon League
of Aiken County, in which he charges
that in the dispensary election held
last September, the Legislature hav?
ing made no appropriations for this
purpose, the dispensary forces had
used dispensary funds to defray the
expenses of their side of the election
and had not paid any part of the op?
position's expenses.
Mr. Sawyer gives in detail the ex?
penditures, as sworn to by Auditor
West. The list includes fees for attor?
neys, automobile hire to summon wit?
nesses at the election towns and Other
things that go along with such a con?
test
Mrs. Robert H. D. Pierce, wife of
the American minister to Norway, en -
j.os the reputation of being the most
successful tisln rwoman who has plied
a book in the fords. In the last sum?
mer Mrs. Pierce landed a salmon
which weighed thirty-six and three*
fourths pounds, and in so doing she
sprained her wrist, and has been In
the bands of an osteopath ever since.
Aiken Is to have free mall delivery
In a few weeks.
rotu
E SOUTHRON, Established June, ISM
W?Vol. XXXI. 3?. 15.
MEMORIAL EXERCISES.
MAJOR MARION MOISE EULOGI?
ZED YESTERDAY.
Sumter Rar Association Fittingly
Honors the Memory of One of the
Members of the Rar Who Held the
Honor and Respect of All.
Wednesday afternoon, after the
business of court was completed, Col.
Col. Richard D. Lee, chairman of the
Sumter Bar Association addressed the
court and called attention to the fact
that since court last met that ono of
the members of the Sumter bar had
been taken by death and it was his
duty as chairman to report the fact.
Col. Lee spoke of Major Molse as
a boy, as a man, as a business asso?
ciate, as an attorney and a patriotic
citizen.
Space will not permit a detailed re?
port of what was said. Eulogies were
spoken by Messrs. R. O. Purdy, E. C
Haynsworth, Mark Reyr.olds, A. B.
Stuckey, A. A. Manning, W. H. In?
gram, T. B. Fr?ser, R. D. Epps, L. D.
Jennings, R. J. Bland, Geo. D. Levy
and M. J. Frederick.
They spoke of Major Marion Moise
as a man, a citizen, an attorney, either
as associate counsel or as opponent,
as a friend and advisor, as a patriot
and accomplished gentleman. Truly
Sumter has lost one of her best and
most useful citizens, and each mem?
ber of the bar a valued friend.
Judge Davis paid a deserved tribute
to the memory of the distinguished
dead and ordered the following reso?
lutions transmitted to the family of
the deceased and a page in the min?
utes of the court transcribed to his
memory and as a further mark of re?
spect adjourned the court sine die:
"Touching and affecting as he did,
every phase of the Civil life of the
community, to comment even briefly
upon the life of Marion Moise, in its
fullness, would be to deal in some
measure with the history of the com?
munity for a quarter of a century or
more.
Since early manhood, Mpjor Moise
was a conspiclous figure. Coming of
an illustrous and gifted ancestry,
being well equipped to enter upon the
duties of life, he almost at once came 1
into porminence as a lawyer. Gifted
by nature, with the added grace of
culture, supplemented by industrious
habits, he easily attained and held a
place in the front rank of his pro?
fession.
Earnest and thorough in his prepa?
ration of causes, he was always
prepared, with promptness and zeal,
to dispose of the causes committed to
his hands. Faithful and diligent at
his ofiice, the measure of his success
was equal to, and greater than his
physical capacity to execute, and he
died in the full tide of success, having
for years renped the reward of un?
tiring effort. *
Major Moise was a patrotic citizen,
?himself the son of a great patriot,?
he cheerfully and liberally met the
j demands of his city and of the State.
As a legislator, he was wise in
counsel and foremost in promoting
the interest of the State, serving in
that capacity for as long a time as
his business interests would permit.
As a citizen, he was foremost in
every enterprise for the promotion
of the growth of the city and county,
not only lending his great financial
resources, but his time lid energy
as well, and today, many of the en?
terprises of the city and county, owe
their oxistanoe to his support.
When the news went abroad,
"Marion Moise is dead!" the commu?
nity stood aghast; it could not be real?
ized that one of the most powerful^
factors in its midst had been taken
away; nor can it yet realize the full
extent of the calamity. Hundreds of
his fellowmen have already missed
the stay of his hand in the times
of trouble and of need, the whole
community misses him. and not only
misses him. but mourns his untimely
death.
The Bar of Sumter desires to record
its sense of the great loss sustained by
ifs Individual members and by the
profession at large, and it is therefore
Resolved: That a page of the min?
utes of the Court be inscribed to the
memory of our departed friend and
associate, and that a copy of these
expressions of esteem be presented to
the bereaved family.
R. O. Purdy.
A. R. Stuckey,
E. C. Haynsworth.
Committee.
The ball team from Allen Cidversity
spent two days in Sumter, crossing
bats with Kendall Institute. The first
game resulted In a victory for Allen,
the score being 12 to 2. The scejnd
game went to Kendall with a score
of 1 to 0