The watchman and southron. (Sumter, S.C.) 1881-1930, May 14, 1910, Image 1
?taC jUJUmUl WATCHMAN, Establl
? (r? ated An?. 8, 188
PnbtMied Wednesday ?ml H* tarda?
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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.