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?taC jUJUmUl WATCHMAN, Establl ? (r? ated An?. 8, 188 PnbtMied Wednesday ?ml H* tarda? ?BT? OSTEEN PUBLISHING COMPANY Hl'MTKR, a C. Terms Ii 60 per annum?In advance. \dvertlMoments: One Square first Insertion.11.00 Cvery subsequent Insertion.10 Contracts for three months, or rar will be made at reduced rate?, communications which sub rlvate interests will be charged Ivertlsementf. t* snd tributes of respects rgeiffor. OF "POPULAR CLAMOH '" Sesutor Rogvr? Says Prem Influences Juries. C olumbia. May 10.?In an argu? ment before the Supreme Court to? day. Senator T. I. Rogers, of Marlboro County, said that the pendulum has swung sround nowt and that Juries, moved by a popular clamor, are too frequently convicting persons on trial. 'Ten years ago," said Senator Rogers, "a man guilty, under the law. of murder would sometimes be con vb ted of msnsluaghter and one gull f manslaughter might go unpun? ished. But today It is the other ex? treme Juries are moved by a pop? ular clamor that makes them con where there Im no evidence to sus? tain the verdl Senator Rogers claimed that this Condition Is due to the press of the l'*ate. Hs said that the sentiment has ,boen created for convictions, and Ju? ries are moved by it. ^hat the "press O.' the Stae, moved by aome powerful motive." are creating this sentiment. Senator Rogers referred' to the Car mack case, and to the conviction of jk Coopers In this trial. This obiter dictum by Senator Rog? ers wss brought about by the closing words In his written argument: "8hall juries be allowed to disre? gard law and facti? Or shall presid Isg tadges be given an unbrid.>d l*t tlrt. ^epoied lr. llicni f-*r *"a 'tvlVe^Thrr salot try purpose?submitting differ? ences to a Jury or popular clamor for a sound legal discretion?" The remarks of Senator Rogers were In reference to the ease of French Pavels, who. upon trial for murder In Marlboro county, was con? victed of Involuntary manslaughter and was sentenced to two years in the Penitentiary. Senator Rogers claimed that there was no evidence to support this verdict, that tho man whom Revels killed had been killod by his own negligence In the struggle ever the possession of the gun that Rev da held, according to the testi? mony. There were only two witnesses put up by the 8tate, and none by the do fence. Revels had said Ihne he was not looking for trouble, and would not hurt anyone. Hs had not returned to she yard, but aa he was coming through the hall the encounter with the dead man came and Jacobs was killed Revels was held for the mur? der. The questions raised by Senator Rogers were also unique In other re? spects one point being that tne Jury did not understand what "It.volun? tary manslaughter" carried, tl at ac? cording to statements made by some members of the Jury afterwards, the Jury must have thought that this vas a very frivolous crime, and that It would m?t carry the sentence of un? qualified manslaughter. Ravels was let out on $500 bond pending the appeal. This was men? tioned ut the hearing today to show that Judge Klugh. who tried the raus**, must have thought that the ease waa n?'t very strong against Rev sis. NF.W ColACIL TXKFS CIIAIU.I. Columbia'* Commission Aswumed Du? ties i n-i Msht. Columbia. May 11.?The mayor and councilman under the commission form of rrnment went formally Into office tonight. Today tho draw? ing for the l?>ng term of councllmen wss held, the result being: R. J. Bla lock. to eervs four years; W. F. Stelg llta. four years', R. C. Keenan. two years. Mayor Qlbbes was sworn Into office tonight. The mayor will leave In a few days f..r Des Molnes. Iowa, the home of the commission form of city govern? ment, to study the plan there. Retir? ing Mayor W. fl. Reamer was present? ed with a loving cup by the retiring council. T\\- - ? <irl Kr.KPcit" Is beginning to study the fashion j.i|.. rs in prep Stlon for the gpsmfl event In June.? JMUtos-fJarre Times-Leader. Ishrd April. 1850 'De Jiut ai 1. SI I H??R?fcS_SHOT S?LOIEHST six HUT 11 ?Hl or coast artil u;ry MORE or less HURT, : i?i'(.rniitti<.ii About the Trouble on St. H(kM Island Not Very Full? Wldskey lu tlio Case. Beaufort, May 11.?SU soldiers of the 127th company, coast artillery, stationed at Fort Fremont on St. Helena Island, were shot by negroes just outside the reservation lines be? tween 9 o'clock Monday night and 1 o'clock Tuesday afternoons Two of the men, Privates Qulgley and Mc Nally are seriously, but not fatally, wounded while Privates McCarthy, Stansberry, Callahan and Sleder are less badly shoi. The negroes who did the shooting, Wil and Isaac Potter, have left the neighborhood and have not been arrested. About a week ago Isaac Potter jOBd a sokMer from the fort had a fight on a road near Cusper City,* on St. Hel? ena Island, which resulted in Potter being cut by the soldier. It Is said that at that time and afterwards the two Potters threatened to shoot the t\rst soldier caught off the reservation after that night. On Monday night Privates Calla han, McCarthy, Stansberry and Sleder were shot from the bushes while walking along a road a short distance from the reservation lines. The weap? ons used were shotguns and the 8mallneas of the shot was all that pre? vented fatal results, as the men were fired on from close range. Considerable excitement and much feeling was apparent among some of tbe men after the shooting of the soldiers on Monday night, and on Tuesday a party of s*)x soldiers age said to have gone to the Potter House, carrying two shotguns along, to find out whether or not they had nything to do with the shooting of (heir com? rades on the previous night. It is said that the soldiers all drunk at the time and bttdfl^^Jooting up the house as ?oo? ??Min?' up. One the l'otterfl ? upstairs when tie s??jdlers I Khe house and I'Hvateif^l^^and t MeNdJIfJ received serloiM \\\W not dangerous, wounds with birH Stories differ as to Whether the m?n were shot while inside the house or whether they were outside when the shooting occurred. But reliable information is that the men were drunk with whiskey bought from the house which tbov were shooting up and that both sides were fighting with shotguns loaded 'with small shot. It was reported in Beaufort late yesterday that at least one negro and two 8?>ldiors had been killed and that great excitement prevailed on the is? land and Sheriff McTeer secured a boat and went to the fort. Every? thing was found very quiet and in? formation exceedingly hard to get. No one seemed to know hwether eith? er of the negroes had been hurt at all and the men concerned in the af? fray were not disposed to talk. This morning Sheriff McTeer went to the scene of the shooting of the lest two soldiers and found that the house had been badly shot up from the outside by the soldiers and that the Fotter brothers had left the neigh? borhood immediately after the shoot? ing. No warrants have been issued and while the shooting of the four men from ambush is considered with se iousness. the flght at the Potter house, which bears a bad reputation as a blind tiger den. Is looked upon as a drunken row. There is said to be no bad feeling between the sol? diers at the fort and the negro resi? dents of St. Helena Island and no fur? ther trouble Is anticipated TAFT APPOINTS KOOSF.VKLT To be S|m?<'Lii1 Ambassador at Funeral Of King F.dward. Washington, D. C, May u.?om m! announcement was made today oi' the appointment of Col. Roosevelt by Pr?sident Taft as special ambassador ? i repr i nt the United Itates at the ? moral of Kim? Bdward In London, May If. Cablof wort exchanged ia<-t night Proatdoat Taft set forth at si?me h ncth the purpose of the ap? pointment and Col, Rooatvolt re? plied with the stnglt word "aOOOPt" in a cablegram dated Borlln, May 10. This is said to havo been the first dlrOCt communication between Presi? dent Taft and Col, RoOSOVOlt sin? ? the former*! Inauguration. In his cable ?rani to Col Roosevelt, President Taft declared that he was snro that the Kngiish poopie will .'o highly gratified at his (Got Roosevelt's) presence as special ambassador, and adds that "our own people strongly approve It ? -,_i_ ad Fear not-~Let all the ends Thou Aln ?MTER. S. 0., SATTJ THE MAGE JOB. OAKLAND AVKXUK LINK A COM? PLETE FAILURE. Repairs That Are Urgently Nneces sary Will Cost More Than Seven Thousand Dollars and May Not be Permanent?City Engineer Lee Make Shocking Report to Council After InspcjHitng Broken Sewer? He Finds Evidence of Careless and Faulty Work. City Council met from 8 p m. to 1 a. m. Tuesday and was busy all the time, and still there Is work ahead of Council lor the next meeting. It takes time to get things running smoothly. All members were present, except Alderman McLaurln, who was out of town on business. After the minutes of the last meeting had been read and corrected, Mr. Wae Schwartz, who was present as a representative of the Board of Health, by the request of the chairman, stated that he was in? structed to request Council to furnish a*horse and buggy for the use of Health Officer Reardon, whose work has grown so rapidly in consequence of the growth of the city that he finds it impossible to keep up with the work of his office. This matter was deferred, to be taken up in regular order but no action was taken, it be? ing decided to refer the request to the new Board of Health for their consid? eration. ? Mr. R. E. Wilder of the Sumter Band was present and made a state? ment In reference to the condition and prospects of the band. At a later stage a motion war adopted to con? tinue the annual appropriation of ?s*">0 to the band. Mr. Isaac Schwartz entered a pro? test against the enforcement of the new awning ordinance, which is a hardship on property owners in that the frequent changes In this ordi? nance puts them to continual expense. Chairman J. P. Booth of the pub? lic works committee presented a let? ter from City Attorney Strauss stating J^jj^tui- ti> Is ^ot ..liable for^kfk ; drain, Smo"' com^lSmts^F ?^Uscore will therefore be ignored. TV letter from the health officer calling atten? tion to defective street drains. Repcrt of street commissioner for past momh were read and received as informa? tion. Chairman Wright of the police committee read itemized report of arrests made, fines collected and sen? tenced imposed last month: arrests, ?4; fines $351.60; sentences, 170 days on gang. He recommended that streets be properly marked with signs, that the scattering of hand bills on the streets be prohibited, that hack men be required to post in their hacks a schedule of rates charged, and that the ordinance relative to railroad crossings within the city be amended so as to make the regulations now effective as to Manning Avenue appli? cable to all other streets. The report of lights not burning last month was submitted. Chairman McKlever of the opera house committee recommended that the fire escapes on the opera house be painted, and It was so ordered. The necessity of filling factory ditch was brought to the attention of Council by the health officer, but ac? tion was deferred, as it was the opin? ion that where the ditch is on private property the owners would have to fill the ditch in case it becomes a nui? sance. It was decided to erect signs at the corners where automobiles are re? quired to stop. At the suggestion of Mr. Glenn It was decided to investi? gate the cost of a street sweeper and the expense of maintaining the same. City Engineer Lee made a partial report on the condition of the Oak? land avenue section of the sewerage system and the approximate cost of making necessary r< pairs. The re? port was, said Mr. Lee not as full and detailed as he had Intended making, and would have made, but for cir? cumstances beyond his control, but it was amply sufficient to give the Coun? cil a plenty to think about for some Week! to come. Mr. Lee said he found the Oakland avenue sewer in such condition, as the result of the pipes having been crushed and the ground caving In around them that the absolutely neccsasry repairs will cost not less than seven to eight thou? sand dollars, and it will be ? work of the greatest difficulty, even if the re? pair! that can be made at all so as to be of a permanent und lasting nature. On tin- possibility or putting this sew? er In a permanently safe and service aide condition, Mr, Lee would not venture o positive opinion. The only other alternative to the repair work, admittedly of doubtful value, Mr. Lee said was the construction ox an en? tirely new line from the corner of t is't at be thy Country's, Thy God's an RDAY. MaY 14. 191 Oakland and Salem avenues and this would cost more than the repair of the old line, as it would necessitate the erection of a new septic tank. In Mr. Lee's opinion the condition of the Oakland avenue line is due largely to the careless manner in which the work was done. He found that a large number of the joints of the pipes in the deep cut had not been ce? mented at all on the underside, and dn others the work was carelessly done. Through these open joints the ^ratter and fine sand had seeped, cre aTting a cavity in the earth adjacent f? the pipe, thereby causing the earth to settle and crush the pipe. The con? ditions reported by Mr. Lee will be a revelation and a rude shock to the people of Sumter, who were under the impression that the work on the sew erage system had been properly done. It now looks like it was not only not properly done but that the part of the syslom in which the trouble has oc? curred was not properly designed and laid out. In fact there is good reason to believe that fhe line down Oakland avenue was not only a mistake, if no worse, in engineering, but the most costly that could have been selected of the available routes. The report of Mr. Lee was discuss? ed at length and seriously, for it Is a matter of the gravest import to the city. It was decided to give Mr. Lee further time to complete the survey of the new line suggested as a remedy for the conditions on Oakland ave? nue and to formulate a fuller report on the situation, with a remedy, if any can bo devised. Mr. Lee was instructed to continue the manufacture of drainage pipe needed for continuation of the drain? age system. A new liquor ordinance designed to stop all the loop-holes in the old ordi nace and to make the penalty for the second offense a term on the chain gang, was adopted and ordered pub? lished It will go into effect two weeks from adoption. Messrs. Booth, Wilder and Wright were named as a committee to confer with the Country Commissioners In ferencr Lva cLafsagjSjflL the hand er w?i, > ^ vestigate th^^sibllity^.^onverting the store roorn now occupied by E. W. A. Bultman into offices for the Clerk and Treasurer, Water Commissioners and Recorder. Committee to report with recommendations at next meet? ing. The election of officers was then taken up. There were two applicants for street commissioner: L. E. White and J. R. Bracy. L. E. White was elected at a salary of $100 a month. The police force was re-elected without change in personnel or salary as follows: J. K. Bradford, chief; J. M. Barwick, 1st Sergt.; P. Gallagher, 2nd Sergt.; H. G. McKagen, 3rd Sergt. A. D. Owens, T. P. Ward, W. A. Trib ble and J. A. Boykin, policemen. There were six other applicants for places on the force, but Chief Brad? ford had no opposition. Mr. W. L. Lee was re-elected city enj lneer at a salary of $1,800 a year. An opinion of -City Attorney Strauss that the office of Recorder and that of Clerk and Treasurer are separte and distinct and cannot legally be held by the same persons, unless Council first abolish the office of Clerk and Treasurer and devolve the duties of that position upon the Recorder, was read. It was decided to postpone the election of Clerk and Treasurer until next meeting. It was the sense of the meeting that Clerk and Treasurer Hurst be informed that It is the in? tention of Council to re-elect him to the office of Clerk and Treasurer, without decrease in salary, but that his resignation as Recorder must be in the hands of the Council at the next meeting. Clerk and Treasurer Hurst was ab? sent from the meeting on account of sickness and Alderman Wright acted as -.*- of the meeting. The Mayor nominated the follow? ing: Board of Health, which was elected: R. D. Epps, one year; G. A. Lommon, two years; C. P. Osteen, M. P? three years; C. G. Row'and, four years; J. R. Ligon, live years. Council then adjourned. * WHERE ARE BIGHAM AM) AVANT? Georgetown Prisoners Due at Peni? tentiary Fall to Arrive. Columbia, May 11. Although the remlttltur has been Bent down, neith? er i>r. <!. C. Bigham nor \v. B. Avant have been brought to the Penitenti? ary. At midnight the prisoners had not been brought here, and today was the time for them to come under the or? der of the corut. The night train from Georgetown had arrived so that there is no other way for the prison? ers to come here tonight. d Trutb'?." THE THU1 0^_Sew 8eri' siTH CALLsllli. DECIDES TO TAKE CARDS IX COT. TOX PROBE (SAME. Summons Men Who Bought?Select Committee on Cost of Living Will Hear From South Carolinians and Others. From The State. Washington, May 11.?A new turn was given the cotton investigation to? day when the senate committee, which is investigating the high cost of living, decided to take a hand and send for the cotton bulls and bears to tell them what about it. When Attorney General Wickersham on Monday stated in a communication to the effect that he would Ignore the resolution of Senator E. D. Smith to ascertain who sold the cotton to alleged bulls, as well as who bought the cotton, because, as he said, it wasj not his job to make investigations for the senate, and he had no informa? tion upon which a prosecution could be instituted, the matter was sent to the judiciary committee to see what they thought about. That committee is still sitting or sleeping on it, but today Senator Smith, who is a member of the cost commit? tee, proposed to get some information for Mr. Wickersham by sending for! the alleged bulls themselves. He said that cotton was an important element in the cost of living. The commit? tee agreed with him and have sent for I Frank Hayne, a cotton operator of New Orleans; Lewis W. Parker, a cot? ton manufacturer of South Carolina I and president of the American Spin? ners' Association; R. P. Stackhouse, a cotton grower of Dillon,, S. C; R. Mays Cleveland, a cotton grower of Marietta, S. C; and J. C. Hlckey, a cotton grower of Texas. Messrs. Hayne and Parker have been sum? moned to report Monday, the others Tuesday and Wednesday. These men will be asked all about the recent rise in the pric^of cotton, as to who bought large co/^acts and p h<? .sold them. Othoy^fcs^o call Vrtfore truth ahout'the cotton affair, including the proceedings by the at? torney general. Senator Smith said today: "The general American public do not seem to understaml that the bulk of the cotton crop, of which America has a practical monopoly, is exported. We export Ahout 8,000,000 out of 12, 000,000 baies.''''?Vtfie price is advanc? ed a cent a pound, it means $40,000. 000 of foreign money brought into America. A decline of a cent a pound means a loss of $40,000,000. 'Under the operation of the tar? iff the American manufacturer is practically protected against any loss. He can raise the price of his goods to cover the advance in the price of cotton. As three bales of every four are exported, a rise of a cent a pound means that the American grow? er gets $15 additional from abroad. The American manufacturer has to pay $5 additional for the bales that ae purchases. The American manu? facturer adds this additional cost to the goods'that he puts on the Ameri? can market, but the American pur? chaser of these gbods has $1P mor^ to buy these goods with, which leaves him (the producer) $10 over and above the $5 extra that he has got to pay for the manufactured goods. If, en the other hand, cott.m goes down a cent a pound, he loses $15 on the I'ireo bales exported and has to pay practically the same for the goods he buys in America. Therefore he is $20 poorer than he would be other? wise. "I propose to demonstrate to this committee that every force that works for the raising of the price of cotton is In no sense In restraint of trade, but beyond a doubt in further? ance of trade, because the more money you give to the American pro? ducer who exports his stuff," the more you increase his ability to buy. Hav? ing ascertained the names of those who have sold this cotton, and there? by depressed the price to the serious detriment of American trade, such steps will then be taken as are war? ranted to see whether or not there is some law by which they may be call? ed Into court. One thing Is very sure; as long as I am in the senate no such flagrant abuse of justice at the ex? pense not only of the South, but of America at large, shall be perpetrat? ed without every means at my dis? posal shall be exhausted to see that justice is done. "The Attorney General may hide behind a technicality! or he may be in the plain discharge of his duty, as he sees it, but he shall not do such vio? lence as this to the commerce of this country without every means being exhausted to prevent it." ? -Vol. XXXI. !$o. 23. PASTORATE HIT UNCHANGED -k.?^ X-,_ MFTIIORIST* COX FEREICE VOTES AGAINST EXTENSION. Committed Report Unfavorable to Pe? tition of Women for Laymen's Rights?Rev. J. C. Kilgo's Election to Bishopric Conceded?Hymnal to Remain Same?Rev. J. W. Tarbou May be Elected Bishop of Brazil. Asheville, K. C, May 11.?The dif? ferent committees of the General Con? ference of the Methodist Episcopal Church, South, have been in session all afternoon, and several are ready to report at tomorrow morning's ses? sion, and vital questions pertaining to the policy of the Church will be discussed, based on the commitee's report. During the day the most favorable comments have been made regarding the action of the committee on itin? eracy in reference to the time limit. This so far has been the most popular committee report placed on the cal? endar. The decision of the committee in the matter of the women of equal rights wtih the laiety is being freely discussed in the hotel lobbies by the ministers and laymen. An effort is being made to have the election of Bishops and connectional officers take place at an early date, as many of the laymen have stated that important business engagements are calling them home. The resolution this morning concerning the election of a Bishop from Brazil strengthens the belief that the Rev. J. W. Tarbou, of Brazil, will be elected to the Epis? copacy. It is practically conceded that the Rev. J. C. Kilgo, of the North Carolina Conference, will be elected Bishop on the first ballot. The hopes of the women pt the Church received a setback today when the majority report of the com? mittee on revisals non-concurred in the several hundred petitions, mem? orials and resolutions asking laymen's I rights for women in tf^y^onference. |aented I^proion^i the Tpbn f .-%ot*d- aga*u*A extending the time pastors may remain at one charge. 1 A report of the committee on Church relations recommending the adoption of the report of the commis? sion on federation between the North? ern and Southern churches was adop? ted. The committee on publishing inter? ests reported against publishing of a sinTplified hymnal. The majority of the committee on itinerancy concurred in the memorial petitioning that, on the unanimous vote of the presiding elders, a preach? er may be allowed to remain more than four years in one charge. The minority report asked that the present law be unchanged. The committee on Church publica? tions requested the return of their re? port, based on the memorial from the Virginia Conference asking for a re? vised edition of the Psalter. By vote it was recommitted. A memorial was presented asking for a resident Bish? op in Brazil. Tonight, at the Auditor? ium, the Rev. J. S. Simon, fraternal delegate to this Conference from the British Wesleyan Conference, deliver? ed his message, which was cordially received. Mr. James Cuttino contributed $1 to the paving fund for leaving his horse unhitched on the streets. At last some work is being done on the court houf? grounds. Mr. Pitts has a force of hands at work to? day getting the ground in readiness for some grass seed. Mr. Leland Meyers had his hip broken Tuesday. He and Mr. Ed Scarborough were racing on the mill dam at Haynsworth's Mill, when Mr. Meyers ran Into a rut and was thrown, his hip hitting a log with the result that he suffered a fractured hip. There was a neavy fall of hail in the Rembert section Sunday after? noon. Some of the stones were as large as lemons. \t the Held State Farm twenty chickens were killed be? fore they could reach shelter. Oats and cotton were badly damaged in and around tho State Farm, but very little damage was done at Rembert. Prooker Thomas, alias Harvln Thomas was up before tho Recorder Thursday for cursing on Liberty -treet. The prosecutor was J. W. Rogers, who runs a restaurant. Tho principal witness was his wife, Ednah Rogers, (Edna is spelt like she spelt it), who read her testimony from manuscript. The Recorder dismissed the case.