Historical Newspapers of South Carolina

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IMIN>RT\\T CASK ON TRIAL. OiiKi.uio Will Ibvlde Whether A. C, DuRant BulUUng Win Be Occupied IU Tlie "Sinn>" or the People's Rank. From The Dally item. September 2. An Important ease has been on trial hef.-t ? Magi-fate Hart-y since yes? terday afternoon, being an action brought by A. C. DuRant, as land? lord, against W. C. and J. Fred Wise, at tenants, to show cause why the ?aid tenants should not vacate the DuRant building, now being used by them ae an Ice cream parlor. A great deal of Interest Is mani? fested In the outcome of this case, as It will decide whether this build? ing, known as the "Savoy" will be occupied by the People's Rank. It having been purchased by them from Mr. Du Rant with the expectation of taking poaaeaslon about October 1st. but owing to the contention having arisen, the directors of the bank have decided to occupy the old Sumt- r "Banking and Mercantile Company's building until the matter has been settled. The ground of contention argued by the Measrs. Wise aa their reason for refusing to vacate the building Is that the leaae which they hold on the building haa not yet expired. Mr. DuRant claims, however, that they have violated the terms of the lease, via. by failure to pay the rent on the building at the time set apart In the terms of the lease, and by subletting the building, and that therefore ho Is entitled to take possession of the building at any time he sees fit to do ao. The evidence in the case has all1 been given to the Jury, the lawyers making their final arguments before them Idas afternoon, and their decis? ion will be awaited with Interest. DIVISION FOU DEFENDANTS. Verdict Of Jury <il\es Right to Savoy to Continue in Possession of Du Rant Building Cntil the Expira? tion of Their Lease. From The Daily lt>m. September 3. One of the most technically fought cases ever tried in a magis? trate's court was heard yesterday be? fore Magistrate Harby, being an ac? tion brought by A. C. DuRant, as landlord, against W? C. and J. Fred Wise as tenants to show cause why. theae tenants should not be dispos? sessed of a certain building on Main street in this city, known as the "Savoy." the facts in the case hav? ing been brlelly explained in yester? day's paper. The plaintiff In this case set up as nis reasons for dispossessing the de. fendants of the property, first, that 8. F. Farrls had left this State for more thin i year and that he had abandoned * 11 his interests in the lWe. hel l by the defendants on the building, and tne business conducted in the said building to J. Fred Wise, contrary to the terma of the lease, and that on this |??<-mint he claimed a forfeiture of the lease. Second, that J. Fred Wise is occu? pying the premises and in actual man? agement of the business therein con? ducted, and that he has actually |bbb ? d the premises from W. ('. Wise and I F. Farrls, and M that ground he claim*-I a forfeiture the landlord claiming that to he contrary to the i rovlslon In the lease provld ng againts subletting. Third, the landlord claimed a for? feiture on the further ground that the tenants had at some time during the b IM term Subletted I part of tlM prenv?es to a piano man and that they \'ere now subletting a part ol the i ultdlag to asMi Joye, and oa that around be . : insed a f< rfeituro. For tb> fourth gfouad the land? lord coat nd i thai ?bi leaas prevl? ? I- i t r the pa] to- at of lbs rent oa tin Hth rI .et? month during the 0OO? ttaoaa i o4 the least and that a fail? ure ??? pay worked a forfeiture of Um I and further that a subao uuent payment by the defendant or accept i ? by the landlord of the t . tit w ? .id op. r ite 11 a alvef of the right ? I the landlord to d< ? lare to fester? ihe leant forfeited. Tin- defendants In this ease ?lalm? ? ?I, first, thai there bad bean no d< mini'1 Ri i-b- t -r |i .. -. -t n of the build i - Se. ond Ihey . l Ann I thai Farrls I surrendered aad conveyed his inter? ests in tb? aaM premises, with tic cons Rl if the landlord, to the d> - f- nd I iit-t TMrdly laey coatend that the at? P-ged i i b ttimr t ? ? pl.mo man and t.. aax Joya did nol violate the terms of tie leoae, iad tb it tb. landlord b 111 f ill knowledge of the alleged subletting- and m MN BO objection to this. The defendants further alleged that tb- v wer.? n ?t now default in the aaymeal of the rent, having paid the same noathly, aad that nt th" present time there was no unpaid rent .In* and owing. Thov contend ahm tfint the land? lord bad never called upon them f<?r any rent, the tenants always carry? ing the r- rit to different places as di? rected t v the landlord. This rent, the defendant* claimed was always aeeepted, and they had receipts for samt' as an evidence of the payment and acceptance of the rent for the said premises, including the rent last falling due. and that no forfeiture has ever heen made or declared on the said lease, nor has any reentry been made so far as the defendant! are Informed and believe. The Jury in this case were Messrs. W. S. Cherry, R. D. Graham, R. A. Weldon, N, I... Martin and Manning BraWH, and their verdict was "we find the possession of the property for the defendants." UadeT this finding, unless reversed by superior courts. the defendants will remain In poceotetou of the build? ing known as the Savoy for a period of thirty months longer, and the People's Rank, which was to have oc? cupied this building will have to seek new quarters during this time. The plaintiff In this case was rep? resented by L. P. Jennings. Esq.. and the defendants by Geo. D. Levy, Baq., and J. H. Clifton, Esq. A motion for a new trial was argued this morning by the plaintiff's attor? ney before Magistrate Harby, but the motion was refused. Hl?.I! SCHOOL FOOTBALL. Fro-pecis arc Bright for Another Winning Tcnin for the Coining Season. With the time drawing near for the reopealag of the city schools, the high school boys are turning their attention to football, and are pre? paring to uphold Sumter s enviable record made on the gridiron. There is excellent material from which to choose the team which Will represent old "S. H. S." in the ap? proaching football season, and when practica with the pigskin is begun, about September 20, there will no doubt be a lively scramble for places <>n the "varsity." Mr, C .Capers Smith, who has so successfully coached the high chool football squad for two consecutive seasons, these teams winning every game which they played, will again act as coach this season and the boys are confident that under his leader? ship they will again "wipe up the gridiron" with any and all teams with which they may come in con? tact. No definite arrangements have been completed for any games as yet, but It Is expected that at least six gamei will be played during the sea? son. WILL CLOSE ANYWAY. Several Merchants Hare Deckled to Clear at <i O'clock, The following merchants have de? rided to clOM their Stores at 6 o'clock p, m.i beginning Monday, Sept. 6th, regardless Of what the Other mer? chants may do, it is hoped, how ever, that all will agro<* to cl^se on and after the llth instant: v n Phelpa Sumter Grocery Co. A. A. Strauss ft Co. Levy & Moses. Cuttin*? m\ M( Knight. The D. J. Chandler Clothing Co, \ Birthday Party. Little Miss Kate Campbell ceh hrat ed her sixth brlthday last Tuesday by Inviting several of her little friends to Join her in a party. Delightful re? freshments were served, The dining room Was decorated in pink and gr< en with cut Rowan and ferns. The room was darkened and several ? .indies were burning among the decoratlona, which wert vary pretty Indeed, when the little guests were Invited in to partake of the feast prepared for them. After playing several games, the happy little ones bid their hostess a reluctant good-bye. , Beware or ointments for Catarrh That Contain Mercury. as mercury will surely destroy the tense of smell and completely derange the Whole sys'em when entering it through the mucous surfaces, Buch article- should never be used except on prescriptions from reputable physi? cians, M the damage they will do is ten fohl to the good you can possibly derive from them. Hall's Catarrh Cure manufactured by F. J, Cheney V Co., Toledo, O., contains no mercury. and is taken Internally, acting direct? ly upon the idood and mucous sur? faces of the system, In buying Hall's Cat irrh Cure be sure you ?et the gen itlne It is taken internally ami made in Toledo. Ohio, by F. J. Cheney iSc Co, Testimonials free. Sold by Druggists. Price 75c, per bottle. Take Hell's Family Pills for con* stlpatlon. I?4*lm. H t hops i hal the spirit of William James will speak as g.i English as he used to write when the Pragmatlst communt< .?t- s with his old friends, as they confidently expect that he will do. N< w Von Evening Sun. When Merit Win-. Wh< n the medicine you take cures your disease, tones ui? your system and makes you feel better, stronger ind more vigorous than before, That Is what Poley Kidney Pills do for von, in all caeei of backache, head e< he, nervousness, lo^s of appetite, sleepleeenees and general weakness that Is caused by nny disorder of the kidneys or bladder, Bold by Slbert's I >rug Store . NEGRO AND NEGRESS HANGED. Two Lnohed Near Graceville, Fin., for shooting of Deputy Sheriff. Taken From Jail. Graceville, Pia., Sept. 2.?Dangling From a trestle just outside of the .own this morning, were found the bodies of Ed Christian. a negro charged with shooting Deputy Sher? iff Allen Burns, and Hattle Bowman, a negrees, who had been arrested on the charge of being Implicated In the crime. The negroes were taken from the local jail last night by a mob which had little trouble overpowering the guards. Several days ago a warrant was sworn out for Christian charging him with the theft Of a watch from a lo? cal physician. When Bums, accom? panied by the physician, went to Christian's home to make the arrest, his call for Christian to come out was greeted from within by a volley of shots. one bullet striking Burns In the breast and another in the arm. His condition is considered critical. As soon as the physician spread the news posses were organised to capture Christian, but he had made good his escape. The Bowman wo? man, however, was placed in jail, ac? cused of having had a hand in the shooting of the officer. Late yester? day Christian was brought back here from Dothan, Ala., where he was captured. He and the Bowman wo? man were led from the jail with ropes around their necks but no effort was made last night to ascertain what the mob did with them. I The coroner's verdict was that the negroes met death "at the hands of unknown persons." WANTS MAIN SINK AT SEA, Colonel Oats Thinks Ship Win i Hal ? ed Should He Buried. Norfolk. Va., Aug. 31.?Following the return to Norfolk of Col. Mason M. Patrick, United States Army Engi? neer In charge here, and member of the Maine board and the announce? ment that the board has practically decided to have a coffer dam built around the wreck so that it may be examined before being disturbed, with a view of ascertaining the cause of the sinking, in which examination representatives of Spain and Cu\>a shall be invited to take part, came a protest against the ship being brought to this country subsequently. This feeling, which is general here, was voiced by Col. John w. Oats, United states Supervising Inspector! of Steam Vessels, who has been along? side the wreck a half dozen times. He declares that it is worthless and lies In foul water; that it should be re? moved, since it interferes with navi? gation; that it would in his judg? ment be in bad taste to bring it to this country and exploit it, and that after it has been examined and rais? ed and the bones of our dead recover? ed, the wreck should be towed out to sea and buried with the honors of a :ir. DRIED FRUITS FOR ALL MEALS. Twenty students of Stanford Universi? ty Agree to Diet. San Francisco, Sept. 1.?Twenty stutb-nts of Stanford ITnlveri ty have agreed to submit themselves to a diet of dried fruits for an Indefinite time to a.-sist a government exp< rl ment. They will eat dried fruits at all their meals and the effects of the various prepared fruits on their health will be noted by Dr. Swain, of the department of ch >mlstry at the university. GOVERNMENT CONDITION RE? PORT. Itogiuilr Monthly Reporl on the Cot- ! ton Crop. Virginia. North Carolina, South Carolina. Ge< uvgia, Florida, a lal >ama, .\l Isslssippl, i ?oulsana, Texas. a rka nsas. Tennessee, ?Oklahoma, Missouri, ('nllfornla, ast yr. 190$. 7:;. 10. 13. i -I. it. 71. 7 ?'. 7 7. 74, 7."? so. 7 2, 86. 7 7. 71. 01. 79. 60. 48. 63. 69. 69. 7.'?. 7*. 60 83. 78. 7.". ss. sr.. 66, 7'b 78. 72.1 63.7 7?;.l average of 7:1.1 a verage United States, ?And a ton-year Today. L 7 The l.ai-li of a Friend* would have been about as welcome to a. Cooper of Oswego, N. Y., as a im rides lung-racking cough that de? fied ail remedies for years, "it was most troublesome at night," he writes, "nothing helped tue till I used Dr. King's New Discovery which cured me completely, l never cough at nlghi now." Millions know its match? less no-lit for stubborn olds, obsti? nate coughs, sore litres, lagrippe, as? thma, hemorrhage, croup, whooping cough, or hayfever. it relieves nulek |y and never falls to satisfy, a trial cup Inccs, 60c, $l.oo. Trial bottle free. it's positively guaranteed by BIIh i t s Drug Store. YOlTH ACCIDENTALLY KILLED. j Lad of it Years siiot by Companion of 12 on Way Homo From Hunt. Camden, Sept. 2.?Little Lewis Hayne, aged 12 years, was accident-1 i ally shot and mortally wounded by his companion, Willis Freitag, aged 14, <>n the outskirts of Camden yes? terday afternoon at about 6:30 o'clock, where they, with two other friends, were returning from a hunt on which the hoys had gone earlier in the day. The versions of how the shooting occurred differ to some extent. Some state that Freitag, believing that his gun was unloaded, lifted it to his shoulder and called to his companion: "Look out, I'm going to shoot you," thinking to snap it. Another version, and the one from Freitag himself, has it that the boys were testing their guns, thinking them unloaded, to see which was easiest on the trigger. The shot took effect in the right side of the head, taking off about half of the right car. As soon as young Hayne fell, his companion became frightened and ran into town, leaving the body lying unconscious on the ground, just in front of Vaughn's mill. One of the boys brought TIayne's gun and In? formed his father of the occurrence The boy was taken home and a doctor summoned. He did not regain con? sciousness, however, and died this morning at about 3 o'clock. Lewis Hayne wus the son of L. A. Hayne. a carpenter of this city, and young Freitag the son of W. F. Freitag. The Freitag boy is stricken with grief. LINEMAN MEETS INSTANT DEATH Harry Kriminger Flcctrocutcd on Spa rtanburg's Main street. Spartanburg, Sept. 2.?Harry Kirminger, a lineman for the South? ern Power Company, was electrocut? ed by a two-thousand volt current while making a connection on a Tungsten arc on East Main street, in front of August M. Smith's home at 2:.10 o'clock this afternoon. In some way his arm came in contact with a high tension current, while near the top of a pole and death was almost instantaneous. Several other line? men, working nearby, heard his cries when he touched the death dealing wire, and immediately had the cur? rent cut off. Ho was dead wncn tak? en down the pole. Mr. Kirminger was in charge of the Southern Power Company's lines betwem here and Greenville, but when not employed worked with the Spartar.burg Railway, Gas and Electric Company, as he was doing today. lie had just completed ar rangmenets to go to Panama to enter the Government's employ as an electric ian. Mr. Kirminger was 25 years old and unmarried. CONGRESSMAN LEVER ILL. Compelled to Cancel Engagement to Speak Labor Day. Lexington, Sept. 2.?Congressman Lever is confined to his bed with a very high fever, the result it is thuoght of a severe cold and sore throat. Under the advice of his physician he lias cancelled his en? gagement to deliver the Labor Day adlress at Columbia on Monday, and has advised Dr. M. G. o. Scherer thai it will be Impossible for him to attend the Genoral Synod of the Luth? eran Church al Richmond during the werk. The physician in charge of Mr. L< .i r has advised a thorough rest, and as soon as Mr. Lever is able to do so he will leave for the moun? tains for a two weeks' recuperation. Mr. B. .1. Wingard, the Congress? man's secretary, has also been indis? posed for several days, but was able to l..- out for a short while this morn? ing. Sale Medicine lor Children. ?Foley's Honey and Tar is a safe and effective medicine for children as it dies not contain opiates or harmful drugs. Get only the genuine Foley's Honey and Tar in the yellow pai k ig< . Sold by Slbert's Drug Store. Mil ay People An- will imp; to sacrifice them selves .uul their children to tlio prejudice of "what peo? ple say." The Foolish Prejudice Against the Use of Glasses My children with defective Kyes often result in the great? est suffering?sometimes per feci disability ?>l *?uo who might otherwise become .i pou ei in 1 In w orld. W. A. Thompson, Jeweler and Optician. Phone 3.13. ? - No. 6 S. Nail St A HORSE'S OVERCOAT is called a blanket. We have every kind from the lightest to the heaviest, from th : fancy blan ? ket for road use to the plain but serviceable one for the stable. Every kind of stable utensil too. Good, of course, and reasonable in price. They have to be to con orm to our harness -vandard. rUB S. M. PIERSON CO. Lime, Cem ent, ACME PLASTER, SHINGLES, LATHS, FIRE BRICK. DRAIN PIPE, ETC. H a V f^rain Rice Hour, Ship Stuff, Bran, Mixed nay, yjidiii, Cow and Chicken Feed. Horses, Mules, H?fnlesV. w:a.gon.s. an.d. No Order Too Large or Too Small Booth=Harby Live Stock Co. Sl'MTKR, SOVTH CAItOIJNA. DEPOSIT With First National Bank THAT'S ALL. The Time Comes On when business picks up. The busy man gets busiest and the days grow shorter. More has to be done in less time. Then it is that small delays and inaccuracies assume undue proportions. Then it is that the financial institu? tion, which by its perfected organization and systematized methods is enabled to reduce to a minimum these small troubles, elicits most the approval and appreciation of its customers. We have the organization. We have the facilities and if your financial connections have not been altogether satisfactory or you have new buisnes?:. i?yit^ yonr ac count on the basis of aii eliminat "gna trade. = Bank of Sumter. 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 AND RELIABLE GOODS. Our stock is complete and we cheerfully solicit your patronage. :: :: :: HEED OUR OAN SER SIGNAL! stop putting yonr rands In stocks and bonds, banks etc where they are Ht the meny practically of tlie management of the company or institution. Put your funds where they ?rill earn a substantial return with absolute safcly. viz : No. 2OT South Main St.. Lot .">o by 308, eight reotu ventences. good >arn and >t able. No 211 H Main Ht., Lot SO by 9 room dwelling. This is Main Street Property and very ciose In. No. 331 W. Hampton Ave., nice six room dwell ' No. fl North Salem Ave., nice six room col t aev. \\ e have some very choice country property for s patlng. would be pleased to show yon snyoralL I or prices and terms, apply to . Ilg, modern son ?on venteneee. I is worth Investl SUMTER REAL FS1ATE ? INSURANCE CO., Farmers1 Bank & Trust Co. Bldg. Sumter, S. C.