The watchman and southron. (Sumter, S.C.) 1881-1930, March 29, 1911, Image 1
><r, SCMTEIt WATCHMAN, EMMI
0
Consolidated Auk. 2.1
LETTERS MADE PUBLIC.
IIP IIAMHM'i KKFl'SES TO
M ?l\ I STATEMENT.
IrtiriN (.Urn <>ui by Oov. Htcnsc
rrtmi Jim. K. Itamhliii Showing
that liar A.^U?on Had Willi
ilniwti Nnnio of I rn^i Moore.
Columbia, Marc h 27.?letters writ
Un by Jno. K. Ilambhn. attorney of
Union, made public by Oov. Uleaae !
)-*tenhiv, .i.bl Interest || UM muri
situation In t'nlon county. It will
be recalled that Saturday Oov* Hlease
stated that be would not name Erneat
Moore of Lancaster as apeclal Judge
for equity court In Union. Hla oth?
er remarks were printed In black (
type on the ast column of the llrst
pass of The State yesterday morn?
ing. I
Oov. Hlease. In commenting on the ^
case, aald that be based bis position
on the two letters which he made
public.
John K. Hamblln. a member of the
Union t'ountv Bar association, who i
j
aent a letter to Oov. Blease stating j
that the recommendation of Ernest '
Moore had been withdrawn, by the j
bar association, aald to a representa?
tive of The State over the long dla- I
tance telephone yesterday that he ,
bad no statement to mak?v "I don't
UN to discuss the matter. 1 don't '
care to get Into a newspaper contro?
versy about lt." I
"When you addressed a letter to(
Oov. Blease stating that the recom?
mendation of Ernest Moore had been
withdrawn by th.? bar association, did
you act In behalf of the bar associa?
tion?'' h<n was asked.
l refuse to make a statement,"
ba replied. '
J. Oordon Hughes, the'secretary'of
the bar association of Union County,
aald y enter day that Mr. Hamblln had
been handling the special Judge mat- I
tor. and that the bar association had j
never taken any official action on the
question.
The law requires that special
judges shall bp oarnmiasioned by the
go vc
Dtl '
of the Supreme Court.
Chief Justice Jones baa reeom- '
mended Ernest Moore for the Union |
court. I
Th.- law do<?s not require that bar |
associations recommend op* lal j
Judges to the chief Justice. This is
done through courtesy, The law
requires the chief Justice to recom?
mend a disengaged circuit Judge or
an attorney learned in the law, who
shall be commlsloned by the gover?
nor.
Ernest Moore was reborn im rnhd |
by the t'nlon County Bar Aaaocla
tton and by Chief Justice Jones. Mr.
Moore heard the John Black case. He
was not on the "eligible" list for ap?
pointment recently made up ??>? the
governo?- and sent to the chief Jus?
tice. I
Oov. Hlease a snoajneed yesterday
the following letter aa his reason for
refusing to tjajgftir. Union Ernest Moore
Jno K. Hamblln.
"Attorn'y at Law,
"Unon, 8. 'J. Fob. 18. 1911.
"Hon. Cole. 1,. Id ease. Governor of
South Carolina. Columbia. S. C.
I'ear sir Ol Masai of the bar I
hav* Just rrailed a petition to you and
Chief Just et Jone? asking for special
term of cturt to try equity cases, etc.
?ao Jury cases. ?>ur har has recom?
mended Kr mat Moore, and if for any
reason he I-; not appointed, then we
leav ?he gj*SSs*\l0s1 aj| appointment
open. If there is disengaged circuit
Judge w?- exp - t him to he appointed.
"Yours truly.
"Jno. K. Hamhlm."
The second letter was as follows:
Jno K. Ilarr.hlln.
"Attorney in Ijiw,
"Unon, S. C. Mar? .1 H. 191 I.
"Oovernor Cob-. L. Blease. CoiumMa,
South Carolina.
Hear Sir. As we have a court or?
dered for next week, assjtnnlng Mart k
27. to try equity !?????<?, und there are
out-of-town attorneys t ho are Inter?
ested In the curt and making In | ll?
ries. I should t.e very glad II yon
Would give Mi" tin Information OS lO
whether Of not a judge has h. en
commission* d to bold tin* court.
"< mr fcsjt hai withdraws t to tv
i.f Mi n. ?, M< I ? . and I) h *>.i.'. n- <'? d
(In s'eftt ther- U ho d |ed elr?
enlt Judge) that we . have Walter
Hunt of n wnotwy, ??<? C, C Mm <?>
Bnrnwell. or Jo*1g< I; O Pordj "f
Sinn?' r.
Thankln? you In advan? e f.,?
your reply. I beg to n nialn,
"Yours very truly,
(Signed) K Hamblln."
iApril. I h.m> 'lie Just a
581. 8
FIRE SAT17RDA1 AFTERNOON.
shod On it Boiler ROOSS lit Door.
Blind ami S4u.l1 l acloi y DUM4.
Saturday afternoon shortly ufter
4 o'clock It was discovered that th(*
shed over the aawdust house and
holler room at the McKelver Door,
Hllnd and Saah Factory was on tiro
and .m alarm was sent in to the lire
i \ irtment, the hose wagons re?
sponded Immediately.
For a few minutes It was thought
that the whole plant was on lire,
hut It was found upon closer Investi?
gation that only the shed over the
holler room was burning and the
?moke. which was coming from the
other part of the plant was conducted
there from the wood house adjoining
the holler room through a big pipe
through whh'h the sawdust was car?
ried from the plaining mills to tho
sawdust house. The pipe was dis?
connected and water was turned on
the blaze which was soon extinguish?
ed. It had been already partly ex?
tinguished when the hose teams
rached the place, by the employees
of the plant who got to work on the
fire with a small hose and buckets
of water.
The damage to the shed, which was
not burned down but only charred,
will probably not amount to more
than $100, it being a frame structure
of undressed boards.
RLE ASK AROUSES CCRIOS1TY.
Hints at Other Sensational Letters
Held by Him.
I _
Columbia, March 25.?Qov. It lease
declared today that he had some
tow matter affecting Thomas It. Fel?
der, of Atlanta. He exhibited a let?
ter showing the signature of the At?
lanta firm and another envelope
showing a letter addressed to "Jean?
ette," (covering u* the other part of
the address,) and he declared that
if these two letters were published
It would really be "too much."
He was asked to give out some
more "hot stuff." but said he would
wait. "It's not time yet," was the
explanation.
As to one letter, he said that If it
tfOrS given for publication, the pa?
pers would sell at 25 cents each." All
POSJ would have to do would be to
hold up the copies and they would
s?dl easily for 25 cents each, If it
uoio known what they contained.''
The Governor also said that sooner
than see one of the letters he had
in the prints, the Attorney fjsnsral
would he willing to give a dollar for
? very copy that was not run off.
The (Jovernor did not Intimate th i
exact nature of the contents of the
l. tters he holds. The matter, In
psjrt exhibited today, was taken from
hin pocket and Is not anything that
has been already spoken of or writ?
ten about.
OYSTER StBBF.lt FHI1DAY NIGHT
lairgo Number Attend Supper (JIVSSJ
to .Members of Mens' Bible Class.
A large number of men of the
Men's Hildo ?Mass of the Presbyterian
ehurch attended the oyster sup?
per whieh was given for them
Friday night in the basement of the
1 ?? esbyterlan church.
The supper was served by the
members of the Ladlea1 AM Society
of the Presbyterian church and COB*
Stated of Oysters, piekles and sand
Wiehes. The evening was very
pleasantly spent by the members oi
the .'.ass and their gUSStl in conver?
sation and in getting better acquaint?
ed with each other. The party
1 rohe up about 10 o'lock.
< Ol KT AIMOI KNS I NTH. MON?
DAY,
Last Oase for Week Heard Resulting;
In Verdict for riaintirr.
Court adjourned l*rhla> when
the case of Thomas David \ s. the A.
O, t* railroad company was wound up
in a finding for tin plaintiff for $1,
ass, the smounl sued for, unt>]
Monday morning, Judge DeVore say?
ng tb.it h ? d< In d to x*> home for
Sunda).
'i'h. t-ase of Thomas David vs. the
a. c. i.. railroad company went u the
jury lute Frida) afteri.n and 'I
took the .buy ? nly a fi w minub .; to
ib ride upon 1 he s erdlet, The i
M i on< in w hk h Da \ id sind for > I .
Iff b?. aust of the kilting of hi
daughter by Ihi railroad at the Caln'a
Mill treatle, The jury went oul lo
visit ihe scene of me killing Friday
morning and soon after tin ir r< turn
the e.i^. srei aubmltted to Ihem. The
Jury gave the plaintiff *h< full amount
susd for. /
f
I
nil Fear not-Mx-t all the ends Thou Ain
UMTER, S 0., WEDNES
GOVERNOR UTTERS DEFIANCE.
WON'T xAMI. JUDGE MOORR FOR
SPECIAL UNION COURT.
BletVM Makes Use of Strong Lan
guagc in !t"fuslng to ltead PapOTI
Pr coon ted by Lancaster citii.cn,
Who Endeavors to Soonro commis?
sion for Judge Mooiv, at letter's
Koquest?"Irn It. Jones Can Man
dumus * * *,*' Governor Says.
I Columbia, March 2?.?The refusal
j of Governor Blease to commission
I Judge Bl*aOat Moore as special Judge,
j to hold a special term of court at
court at Union, commencing Monday,
Judge Moore having been recom?
mended, has renewed the special
Judgeship fight. It would appear that
j the question of whether or not the
Supreme Court can mandamus the
> Governor of the State is now put
squarely up to that tribunal,
j In the presence of Senator Benja?
min Ryan Tlllman and Mr. u. E.
Wylie. of Lancaster, whom Judge
Moore asked to come hero to get hi3
I
j commission, Governor Blease said
today:
j '^Ira B. Jones can mandamus or
G- damus or do anything he
j pleases. I am not going to appoint
I Ernest Moore as special Judge for
the Union county court. ; You can
take these papers back, for 1 will
j not read them."
j These remarks were addressed j
j to Mr. Wylie, who presented the re- j
quest for tho commission for Judge
I Ernest Moore.
j A few days ago the Chief Justice |
wrote to Governor Blease, recom
' mending to him Judge Ernest
Moore for the Union county special
term of Civil Court to be held com-,
nonclng next Monday. Nothing was
received from thhe Governor by
Judge Moore and, as the time ap?
pointed for the Court, he asked Mr. 1
Wylio to go to the Secretary of the
State and the Governor, while in the .
I city, and see if the papers had been j
issued. He also sent along the oath
Of ottlce, which he had taken the
precaution to prescribe to, so that j
there would he no delay.
According to tha papers in the
case the Union County Bar Associa
I i
tlon recommended that Judge Moore
? be appointed to serve, and this rec- I
, ommendatlon was communicated to
I the Governor by the Chief Justice.
j The letter of recommendation was
as follows
> "I'ersuant to Section 2,74:>, Volume
1, Code of Laws. I have ordered a
i
special term of Common Pb as for
j Union county for the trial of jivll
, cases not requiring a jury, for the
week Commencing March 27.
j "There being no Circuit Judge dis
I engaged so as to hold the Court, I
, respectfully recommend that you is- j
sue jt commission to the Hon. Ernest
Moore, of Lancaster, s. c, learned in
the law, as special Judge, to hold tho
said court.
i
Tin- following letter to Mr. Wylie
is self-explantory: I
"Ii. R, Wylie, Esq., Lancaster, S. C.
Dear Sir: Learning that you intend
going to Columbia tomorrow, and
being dealrloui Of ascertaining wheth?
er it will be necessary for me to go
t" Union on Sunday, next, prepared
t open OOUrt on Monday morning,
th 27th Instant, I beg to ask that
i you will do me the favor, while In
Columbia, of visiting the offices of
the Secretary of State and the Gov?
ernor for the purpose of obtaining
information upon the point in ques?
tion.
"I have been informed by the Hon
Ira B. Joins. Chief Justice, that h<
baa ordered n special term of court
I for Union County, for the trial of
j Civil cauaea without a jury for a
term of one wet':. commencing
i March 27. instant, and that In pur
aUI nee Of Section 2,74'J Of the Code
he has recommended me for commis?
sion as special Judge to bold said
Court, which recommendation has
be n forwarded to th?- Governor, and
Ja duplicate thereof, signed by Chief
Justice Jones, I herewith einl?se.
"Realising thai the time was short
In response to tbi< notification from
tin- Chief Justice, I forwarded to the
Secretary of State, on the 22nd in?
stant, tic onth of office required in
t
such en es, with the request thai In
order thai the mailer, and so thai
j tin commission mlghl be Issued In
; lime tu p. rmll me to go to Union on
Sunday, the 28th Instant, for the
purpose ei* openlnM I h< Courl on
Monds j morning, i end. her< with
a d 111 <l: i H ! of this Oath,
i "llearlnn oof hing Ihu far from
?the office of lh< Governor or Beere
I i ii \ of State, and i" Inn urn ertaln a i
I to whether 'in papers have dul)
? reached tho hands of the Governor
and the Secretary of state, I ask that
ist at be thy Country's, Thy God's ai
DAY, MARCH 29, 1911
GAYNOR, Too, LEAVES PRISON.
Takts Pauper'? Oath?Last Chapter
in Noted Case.
Atlanta, Qa., March 24.?Decrepit
and broken in health by illness and
long time in prison, John F. Gaynor,
who, with Benj. D. Greene, was con?
victed of embezzlement from the
Government in connection with har?
bor improvements at Savannah, took
the pauper's oath late today and
walked out a freo man. Tho oath
.released Gayor, as it did Capt.
Greene, from any obligation to pay
the Government that $o"5,000 fine Im?
posed on them In connection with
their prison sentence. It also mark?
ed the end of the Greene-Gaynor liti?
gation in the United States Court,
which has extended over twelve
years.
When Commissioner Colquitt Baid
that he was free. Col. Gaynor acted
dazed.
"And I don't have to go back to
Jail any more, eh?" he Inquired.
As Gaynor turned to leave the
stand his attorney, T. B. Felder, ask?
ed him where he was going.
"To get something to eat," was
Gaynor's laconic answer. He will
spend the night at a local hotel and
leave for his home, at Syracuse, N.
Y., some time tomorrow.
Gaynor's hearing was brief, only
the perfunctory questions necessary
to show that he had no money or
property concealed, being asked.
Several times he forgot himself In his
answer. At one time, when Assist?
ant District Attorney Edwin sought to
Identify him as the same man who
was Indicted, tried and sentenced for
embezzlement and other charges,
Gaynor broke in with "yes. yes they
accused me of so many things that I
know but d?n little about them."
Again, when asked about his for?
tune and the disposition of it, he re?
plied that it all "had gone to the
devil."
COL. JAMES COSGROVE DEAD.
Prominent Charleston hm Bassos
Away in Baltimore.
Charleston. MaroH 26??Col.-James
Cosgrove, one of the best known citi?
zens of Charleston and a man long
prominent in this community, died
at an early hour this morning at the
Johns Hopkins Hospital, at Balti?
more, whither he had gone thre^
weeks ago for consultation wi*h
specialists. Col. Cosgrove had been
in bad health for some time before
he finally decided to go to Johns
Hopkins. He underwent an operation
a week ago, which disclosed the fact
that he was suffering with cancer
and has been sinking slowly until
the end came this morning.
No recommendations have as yet
been made for members of the Coun?
ty Hoard and tho old members hold
over until new members are appoint?
ed.
you will Inquire, tirst at the Secre?
tary of State's office, as to whether
the commission to me as special udge
has been issued as required by law,
and if it has not been issued, that you
will present tin- enclosed letter from
tin- ('hied' Justice to the Governor,
along with the enclosed oath of of?
fice, and request the Governor to is?
sue a commies on accordingly.
"As you are aware, I am not
seeking or caring for this appoint?
ment but l should regret to see the
members of the Bar of Union disap?
pointed in the matter of BUch Bpeclal
t< rm, which they seem greatly to de?
sire, and 1 am for that reason asking
you to as< ertain while you are in
Columbia whether or not the com?
mission has bei n issued to me by the
Governor, in order that l might be
aide to govern my course accordingly,
h' desired by tin- proper authority,
you could brine, nn- tin commission
on your return Saturday night. Yours
very truly,
"Ernest Moor? ."
The renewal of the special Judge
ship fight probably means that this
time, Inasmuch as tin- Issue is square?
ly presi nted, mandamus proceedings
may result. Tin- Supreme Court
has not yet ruled whether or not it
enn mandamus the ?'biet' Executive
in this State. in its recent" decision
..a t he sp( eial .1 udgeshlp Issui . in
the .1 inn-1 Davis ?ase, the ?'ourl held
ihul tin- commissioning as special
udi e purely a mlnlstei i it duty of
tin Chief Executive, said that special
Judges must Im commissioned upon
the r.mm ndntlon of the Supreme
Pourl or the < 'hief Ju t lei .
The Supreme Court is not now In
kc . n in Columbia, so that any an?
nouncement of what will happen
could not ?',> made here.
id Truth's." THE TRC
EIGHT DEAD IN A. G. L. WRECK.
_
M\II FLYER'1 GOES THROUGH
TRESTLE INTO RIVER.
-
More than 11 Dozen also Injured in
One of Worst Hailroad Disasters
Known in South Atlantic fltatCSJ
Ooourrnd Near Tif ton, <ia., while
Train En Itoute From Chicago to
Jacksonville?Caused by Snapping
of Axle on Engine.
Tifton, Ga? March 25.?in one of
tho worst railroad disasters known in
the South Atlantic States, eight per?
sons were killed and more than a
dozen Injured, when train No. 97,
known as the "Dixie Flyer," on the
Atlantic Coast Line, and running be?
tween Chicago and Jacksonville, went
through a trestle over the Alapap'
Itiver, eighteen miles east of hen
early this mornng. Tonight bu* '
body, that of John T. Watson, jf
Wyoming, remained in the river.
Had it not been for the wreck,
Watson would have been a bride?
groom today. His sweetheart, Miss
Elsie Shippey, of Pasadena, Cab, who
was on the train with him, and to
whom he was to have been ma ried
in Jacksonville tomorrow, remained
at the wreck throughout the day
and night, watching the efforts of the
rescuing party to recover Watson's
body.
A IB >K Kir. I.I FIRE.
118 Girls Crushed and Burned in
New York Holocaust.
New York, March 2.").?One hun
dred and forty-eight persons?nine
tenths of them girls from the East
Side?were crushed to death on the
pavements, smothered by smoke or
shrivelled crisp this afternoon in thu
worst lire New York has known
since the steamer General Slocujn j
was burned off North Brothers' Is?
land, In 1904. j
One hundred and forty-one bodies
had been removed from the ruins at
midnight, and seven of the forty in
inred had died 1rnh< Thia i.
believed completes the bst Of dead
Grief-crazed relatives besieged
the morgues as tho bodies were laid
out.
Nearly all, if not all, of the vic?
tims were employed by the Triangle
Waist Company, on the eighth, ninth
and tenth lloors of a ten-story loft
building at No. 23 Washington Place,
on the western fringe of the down?
town wholesale clothing, fur and mil?
linery district.
The partn >ra of the iirm. Isaac
Harris and Mac Planck, escaped
from the office on the tenth door,
carrying with them over an adjoin?
ing roof Blanck'l two young daugh?
ters and a governess. There was
not an outside lire escape ?n the
building.
How the tire started will perhaps
never be known. A corner on the
eighth door was its point of origin
and the three upper floors only were
swept. On the ninth floor, fifty bod?
ies were found; sixtv-three or more
i
I were crushed to death by Jumping,
j and more than thirty ( logged the
elevator shafts. The loss to prop?
erty will not exceed $100,000.
J Pedeetratns going home, through
Washington Place t?? Washington
Square, at i<> minutes to S, were
scattered by the whiz of something
rushing through the air before them;
there was a horrible thud 00 the
pavement and a body flattened on
the Hags. Wayfarers on the opposite
side of the street shaded their eyes
against the sitting sun and saw the
window.-, of the three upper floors
of the building black with gtrhi
crowding to the sills. There w< rc
no lire escapes.
"Don't jump; don't jump!" yelled
the crowd, but the girls had no al?
ternative. The pr< saure of the
maddened hundreds behind th m and
the urging of tluir own fears a*ere
too strong. They began to fall to
the sidewalk, in a terrible rain of
flesh and Mood.
Four ah'rms wir?- rung within IS
minutes. Before Ihe engines could
respond, before the nets could be
; stretched or the ladders raised. fiv?
girls had fallen from the eighth and
ninth floors so heavily thai thej
broke through ihe glass and . died
nil; in half an lint:
?ust. Probabl) t
full In Eti minub
The ? its ha a cle a al the
present time, Niere Is not a single
case of smallpox in town, the last
j case having ieen dismiss >i Saturday,
II-: aOOTHRON. BmHMied Jaae, i?M
Vol. XXXII. No. 11.
eagles < I i b exjoixed.
Bank of Suini? r an<l Magie'.? Club
BoCil Partim to tin- Injunction Pro?
ceedings.
Front The Dali? Item, Marc h J7.
Injunction papera were again serv?
ed on the Eagle's club and the Bank
j of Surnter, as the owner of the prop
^ erty in whh h th? Eagles have their
club rooms, today shortly after court
took a recess for dinner. The pa?
pers were doubled this time so it is
probable that th' club and the Bank
of Sumter will to fight twice as
j hard this tir get them suspend
I ed or laid ?? as they were when
served b
j The ^ef/* action prohibits the club
i fror . ping a resort in which al
i
, C( xCr drinks are sold and from re
I *
, ? .g. storing or otherwise dispos
^ . of intoxicating liquors. The
>ank of Sumter is enjoined from
j renting or leasing the property to
the club for any of those purposes,
j What the outcome of the present
j injunction will be, is a matter of con
j jecture and has called forth a great
deal of discussion.
COURT PROCCEDIXGS.
Morning Occupied in Hearing of Case
1 of F, Levi vs. I. H. Moses.
Only one case was heard Monday
in the civil court and this had not
yet gone to the jury when court ad?
journed for dinner at 1.30 p. m. This
was the case of F. Levi, plaintiff vs.
I. 11. Moses, defendant. The suit
is to recover funds alleged to have
been won by Mr. Lev! in cotton spe?
culation in 1904. Mr. Moses was
the agent used by Mr. Levi in the
transaction.
CHAMBER OF COMMERCE MEETS
Mowing will Be Held Wednesday
Xight in Masonic Hall at 8 O'clock.
It has been decided by the execu
I the committee of the Chamber of
Commerce to hold a meeting of that
i body on Wednesday ni^ht at 8 p. m.
in the Masonic hall. The meeting
i- held to sea what further steps .th*
i Chamber will take in the line of prog
' ress, and to see if sufficient funds can
i be raised for the securing of a live
i secretary for the Chamber of Com
1 merce.
The recent booster banquet which
! was held seemed to be of much in
j t- rest to the members of the Cham
| ber of Commerce and it i* hoped
that the enthusiasm worked up then
j will be shown in the meeting that
? will be held Wednesday night,
j The meeting was formerly an
; nounced for Tuesday night, but owing
I to the fact that the City Council
meets on that night and all mem?
bers of Council are members of the
?'hamber of Commerce and could not
\ attend both meetings simultaneously,
I the meeting of the Chamber of Com
' merce has been postponed until Wed?
nesday night.
in The Police Count,
There were several Of Sumtt r's
liberal citizens in the Police Court
on Monday to answer for riding on
the sidewalks at forbidden places
1 Saturday afternoon, ail of them hav
j ing been am Sted in their progress
by (Miner MeKagen in his rounds
l *
about town.
Willie Sanders, riding on the s'de
walk at forbidden place, $3.
c. B. Huggtne, riding bicycle on
forbidden sidewalk, $2.
Prank ntcLeod, riding hi. rele on
sbb walk at forblden place, $-.
Robert Cooper, driving wagon on
sidewalk, |3.
Vincent Wilder was charged with
I public drunkeUness at the passenger
station Saturday afternoon. He
plead guilty and was let off with a
line of $5.
Charley Booth k w.is po drunk Sat?
urday afternoon that be was unable
to express his wants when he went to
the telephone ? xchange Saturday
to get some on< tin to telephone
t\.r piio. He f i on the floor and
frightened th.- ladh - at the exchange
ven Imdly. ' I 1 ? is I?ut cut orce
hut l urned j - ? I ? l he door to
ke< i- from falling ant.! he waS BT*
j , nt< 'l and i arrh u ofl fo .-.f- r un:,r
i^rs. plead guilt) to the charge
i
i ? . ceman Ward found si vt ral
ng bucks Sunday whlllng awt
their time in fin- an of gambling
> M. rounded them and had them In
I court Monday to answer to the
, hargi . The t kn e ot i in m. Mack
Peterson, Theodon Flemming and
Sam Wright, plead guilt) and the Re?
corder gave them a sentence Ol
each or ::o dn>s.