Historical Newspapers of South Carolina

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THREE NEGROES BLAMED. MR! HOLDS TIIKM POM Ml'U DF.R OF I I?. BFST. *? < tt Madison Ih Numnl as Principal With Gilbert Miller and Mitchell Min) .\<<ceM*orteti. Barnwell. Dec. 4.?1 Thnt E. P. Beat came to hie death from gunsh >t wounds in the hands of Scott Madison and that Mitchell stroy and Gilbert Miller were accessories before and af? ter the fact" was the verdict of th* coroner's Jury of Inquest, which WM held here this morning to investigate last night's murder. Tearing that the prlaonere would be lynched if allowed to remain in the county Jail, Sheriff J. B, Morris and a deputy, with the accused men, left Barnwell about 12 o'clock this morning in an automobile. There has been some talk here today, it is said, about a pro? posed lynching bee. and hearing of this, the governor has instructed the captain of the local military company to assemble his men and "do what is necessary to preserve the tyeace" in Barnwell. Prom the testimony brought out at the inquest, the murder of Mr. Best Is one of the most cold-blooded that hie ever darkened the pages of the criminal history of Harnwell county. There was absolutely no provocation other than that Mr. Best had pushed one of the negroes out of his way as he was leaving the restaurunt where he had been for supper. This negro, Oilbert Miller, threw an empty bo:tle at him and then ran. Mr. Best turn? ed around to Scott Madison, who was standing l.i front of the restaurant, and asked what he mant by hitting him. Madison rep'led that he did not hit him?that the man that threw the bottle had run off. Mr. Best re? plied that he was not hurt and, turn? ing around, started off up the street in the direction of his store. He had gone only a few steps and was in the full glare of an electric light when two shots were fired. One took offset in bis back, near tho heart, and passed entirely through the body. The other shot went wild. Mr. Beet staggered to the open door of a pool room and fell, dying in the arms of Arthur Harden. The excitemen. last night was in? tense and there Is no doubt but that the negroes woul 1 have been lynched had they been ciught shortly after the murder. The arrest of the accused men, all of whom are negroes employed by the Atlantic Const Dir e Hailroad company as section hands and who are strangers in the county, followed an all-night investigation and a very pretty piece of detective work on the part of the sheriff and his assistants. When it seemed that the search would prove fruitless, a few clues were gath? ered and, working on these, the ae> groee were routed from their shanty cars during the night. A rigid examination disclosed the fact that one or more of them wan involved in the affair and at daylight this morning they were lodged in the county Jail, along with a score of - ther negroes who had been arrested as suspects shortly after the murder and who are now being held as wit? nesses. There is apparently Q doubt as to the guilt of MadlOQW. Four of hie companions, who wen- eye-wit neeeee to the shooting, have testified as to his guilt, although in MMM minor details their stories were con? flicting. Knowing the int?nsu feeling against the accused, it was decided at a meet? ing of the bar this morning la >rder an immediate trial, cnurt n??w ha|n| In session. The grand jurv will be Summoned t > meet here Monday, r.nd as H. A. Slmms wh >, with Thomas M. Boulwure, has beer appointed to de? fend the negroes, stated thlH after? noon that the usual three days would be waived, it is very probable that the case will be called immediateh after the finding <>f the urnnd Jury. Illtoi t.HT TO < <>Lt Mill V WhertfT Urine- Two Trimmers from linrnwell Jail. Sheriff Morris, with Sc..tt M nlis^n, I hargrd with the Hhootmg, nml QU? ??ert Miller, who, according 1" the ehenrT, threw a bottle at Mr. liest, ar? rived in Columbia last night by train ? bout 7 o'clock and baked the two mom >h the Slate penitentiary. The sheriff was assisted by 11. <?. Holen, deputy sheriff, an I 0, J In.me n I supers iL.r of |tai uwell , mint) Tin party left Itarnwell In an automobile, fearing trouble and went by way of Wiiiistun to Ralley'i nation and there left the ma< hlM and came |Q < >1 ? im Ida by train. sheriff Mot 111 a/ai ? iced ahoul Mitchell Sfr..v and he s.ud that this r cgro was being held in ml |g It,mi? ll ell gg a witness. The Chamher of Commerce should go after the Seaboard UttfjgJOB t<> < 'h?rtesten. Sumter needs it. t'lar aadoa eouat] and Kammerton needs it and th it lareji and undeveloped section between tin Santee ri\?r and Charleston neextg it. DAVID D. G?ILLARD. DIG CCLEBRA ( IT AND CON QUJBIED PANAMA CANAL SLIDFS. Fnglnecr's Death Culmination of Breakdown Following Hard Work on tVital. Baltimore, MJ., Dec. 5.?Lieut. Col. David Dubo8e Gaillard, United States army, \,ho directed the engineering work in the Culebra Cut, a division of the Panama Canal, died at Johns Hop? kins Hospital here today. Lieut. Col. Gaillard had been a pa? tient at the hospital since August 17 last, suffering from a growth in the head, the result of seven years' ar? duous labor in the tropical climate of the Canal Zone. He failed grad? ually but steadily, and for the last two months had been in a stae of coma, due to the pressure of the cranial' growth upon the brain cells. The physicians decided some time ago that an onr ration was useless and might hj?ten his death. He is vurvived by his widow and a son, Lieut. David P. Gaillard United States army. Both were at the bed? side when the end came. Lieut. Col. Gaillard was born at Winnsboro, S. C, in 1854. He grad? uated from West Point Military Academy in 1884 and since that time had won many honors in the engi? neering service. A bill was introduc? ed in congress last month promoting him to the rank of colonel in recog? nition of his distinguished services which culminated in tho great engi? neering feat in the Culebra section of the Panama Canal. When Culebra Cut was flooded by the blasting of Gumboa dike on Oc? tober lo.i.ist Col. Gaillard lay un? conscious in his bed at the hospital here. Col. Galllard's death is the culmi? nation of a breakdown incurred by long hours of work and exposure in the Canal Zone, where he pitted his skill as an engineer against the shift? ing soil of the Culebra Cut. To him had been given the most difficult task in connection with the canal's con? struction, to master the landslides and quicksands which extended for eight miles along the line of the Culebra Cut. During the early years of his con? test with the landslides Col. Gaillard never knew what a morning was to ?ring forth. Over night the raoua* tains moved and covered with their deposit the tracks, und even the cars which were used to remove material. The Culebra Cut runs through the backbone of the American Continent. Gaillard dug indomitably until hill after hill found its angle of repoee and he checked the landslides save at Cucuracha and points nearby. There the sliding was persistent, but had visibly weakened, when the engineer was compelled to stop his work and t eck rest. For the greater period of his work on the Isthmus Col. Gaillard was* without a chief assistant. He wanted to save money. He gave his atten? tion not only to tho great engineer la| problems, but to all the details of shovel work, train work and drain? age. He checked up on the small thh.cu and once it was computed that l>y his careful oversight he had nnvr<' the government $17,000,000. Men who worked with him said that he gave twelve hours of each day to tho Culebra Cut. In addition he had a voice in all matters pertaining to engineering work in tho zone, to civil administrator* and to the gen? eral conduct of affars. Tho hard work, the nervous strain, the worry an 1 the tropical climate combined broke his health at the hour of his Baal triumph. There was little left there to he done but to remove the soft earth of the slide at Cucuracha. Final arrangements for tho funer? al have not been made, but the In? termeat will take place In the Nation? al Cemetery at Arlington on Monday afternoon. It is expected that the I ody will be removed to Washington either tonight or tomorrow. RODE WOMAN ON HAIL. Fi\o t.rayhalied Dames or Vo!o, III., Pay for Privilege or Acting as1 lloaror?. Waukigan. Ill , I >re. u.? Five gray haired women of the village ol Volo, ?/ho rode lira John Ettchardeoa on a rail one night laat July became her name was linked ??>- looalp with thai of her brother-in-law, tonight wera found guilty here by a jury. Ba< h may be lined |SO0 and eontenced tO six monthi in jail. The women are Mrs. Emma stud - field, Mrs. Lovina Itaymond, Mrs. Alma WattlandJ, lira Mary Babel and lira John Btadneld, mis. Kate w.t* to r w is freed because she left before the victim was given hot ride. Mrs. Mary Baboli Ifi \< us old, is Die oMeal ol the convicted women, ihe oth< ra being beyond i??. Jamea Krepel was charged with the mic offenae. II is claimed that, dre* >\ in woman'a garb, in* aaalated ? n ridlni lira Itichardaon on the rail. He lets disappeared. THE S. S. CONVENTION. THE FIRST SESSION AT TRINITY CHURCH is HIGHLY SUCCESS? FUL?LARGE ATTEN? DANCE. Object of Meeting is to Arouse In? terest in Sunday School Work and to Devise Plans for Getting Into Sunday School Those Who Have Not Been Enrolled?Addres?*?? by W. C. Dearie, Miss Vandiver and \V. I. Herbert. The opening session of the Sum? ter County Sunday School Conven? tion was held Friday morning at Trinity Methodist Church. A large number of people was shown in the meeting. Interesting addresses were made by Mr. W. C. Pearce, assistant general secretary of the Internation? al Sunday School Association, Rev. Walter I. Herbert, president of the South Carolina State Sunday School Association and by Miss Grace W. Vandiver, secretary of the State Sun? day School Association. This convention is one of a series of ten which are being held in the chief cities in South Carolina in which Mr. Pearce, Miss Vandiver, Rev. Mr. W. H. K. Pendleton, rector of the Episcopal Church at Spartan burg, and Rev Mr. Herbert are tak? ing part throughout the State for the purpose of arousing more interest among the people in the Sunday School and of devising plans for bringing into the Sunday School those who at present are not in it. It was brought out in the discussion of the morning that of the 700,000 white persons in the State, more than 500, 000 were not enrolled in the Sunday Schools. In this county the statis? tics showed that there were 15,000 white persons who should be in the Sunday Schools .while in fact only 3,000 were enrolled, showing the fact that the other 12,000 did not at? tend. Mr. Pearce, Miss Vandiver, Mr. Harhart and Mr. Pendleton, arrived In the city Friday from Charleston and will leave here Saturday morning for Florence, Conway and Rock Hill, those being the remaining places which they will stop at in their tour Of the State. The meeting Friday morning at Trinity Methodist Church was opend with devotional exercises conducted by the Rev. Robert T. Philips. After this the program was somewhat de? viated from, owing to the fact that the train on which the party came from Charleston was delayed. Rev. Walter L Herbert spoko on the subject of How Organized Sunday School Work Can Help Us to Meet Our Needs. The subject of the address deliver? ed by Mr. Pearce was, The Sunday School at Work in the World! Miss Grace Vandiver showed the need of South Carolina for more ^and better Sunday schools throughout the State. Mr. H. L. Birchard, secretary of the V. M. C. A., told Of plans which were being devised here to make Sumter county the banner county in Sunday school work. At the meeting Friday morning a Committee Consisting of Messrs. H. l. Birchard, B. B. Aycock and j. n. Tolar was Appointed to make the nomination of officers at the meeting tonight. These officers, when chosen will serve the association for another \ ear. This is the first convention of the Sumter County Sunday School As? sociation which was organized in the early part of the year, prior to the holding of the State Sunday School Convention here. The oflkers of the association were mueh pleased with the large attendance and tie interest Shown in the meeting. SHOWERS OF METEORS. Cheruw People are Astount'od by the Visitation. Che raw, Dec. 4.?At 10.30 o'clock last night there was a meteoric show? er near Cheraw. One aerolite burst with a terrific noise, like a clap of thunder, the shining fragments Hying in all directions. Many persons in town mistook the crash, thinking something had lallen in their houses am lighted lamps to investigate. One family thought their mother had fallen out of bed and went to get her back in bed. Many supposed it was in earth? quake and made Cor outdoors, badly frightened. However, they lave set? tled back Into thalr >M habits, and no damage was done. THE FORCE IN ENGLAND. Suffragette* Run Rampant Burning Public Buildings. London, Dec, o. Suffragettes to da\ burned Itusholme exhibition hall, South Man? bester. The loss is sixty thousand dollars. The scenic rsil way, Liverpool exposition grounds, was partly destroyed. A letter was found abusing the premier. The suf fragettei also tried to burn the grand? stand at the famous Alntrefc jrace truck, but the police interfered, I. S. CONVENTION CLOSES. - STRONG ADDRESS MADE BY DR. W. C. PEARCE FRIDAY NIGHT. Rev. W. II. K. Pendleton Reviews Work Which has been Done in Tour of State and shows the Need of More Work?Afternoon Session? Officers Fleeted. The Sunday School Convention' came to a close Friday night when two interesting addresses were made to a large audience at the Trinity. Methodist church by Mr. W. C. Pearce and Rev. W. H. K. Pendleton. Rev. Pendleton's talk was in the nature of a review of the work w hich had been done in the State during the tour which is now in progress. He told of the meetings held and en? couraged the people here to do greater things in their future Sunday School work. His remarks were listened to with interest by his audi? ence. Mr. Pearce spoke on the need cf bringing the people into the Sunday School, how to reach and get them to come and to give them a fitting welcome when they came in. He made a very strong and interesting talk and held the undivided atten? tion of his audience throughout. At the night session the nominat? ing committtee, consisting of Messrs. H. L. Blrchard, j. N, Tolar and E. E. A)COCk announced the following nom? inations for oflicers of the Sumter County Sunday School Association for the ensuing year: C. M. Hurst, pres? ident; Bartow Walsh, secretary, and E. E. Aycock, treasurer. These nominations were unanimously en? dorsed by the delegates from all of the Sunday schools present. A great deal was said by Mr. Pendleton and others concerning the banner Sunday School County, the aim of this county being to be class? ed as such at the next State Conven? tion. In the afternoon session Mr. C. M. Hurst made a very interesting talk on the Sunday School Standard and how every Sunday school should al? ways have a standard which it was always striving to attain. Mrs. Lucy Rodgcrs spoke on the Cradle Roll and Mrs. H. L. Birch ahrd told of the home department in the Sunday School. The following are members of the Executive Committee for the ensuing year: C. M. Hurst, chairman; B. Walsh, E. E. Aycock, H. L. Thomas, S. D. Richardson, M. J. Michaux, W. I. Herbert, H. L. Birchard, S. F. Stoudenmire. This committee will appoint the district superintendents, who will be announced later. At the night session subscriptions were taken to carry on the work in South Carolina, more than one hun? dred dollars being subscribed for this work. Friday evening Miss Grace Van diver left for Florence, where a sim? ilar convention will be held Saturday. Rev. W. H. K. Pendleton, Rev. Wal? ter I. Herbert and Mr. W. C. Pearce left for the same place Saturday j morning. 1TRF IN YORKVILLK, Flames Destroy Main Building of Victor Mill, With Loss of $?>'>, 000. 'Yorkvllle, Dec. F>.?Fire, supposed to have originated from an electric motor whilo the plant was in opera? tion at 9.30 o'clock tonight, destroyed tho main building of the Victor Cot? ton Oil company of this place entail? ing a loss of $30,000. Prompt action saved the hull and seed houses. OVER 100 YEARS OLD. Has Counterpane Woven Before Rev? olutionary War. Gaffney, Dec. 5.?Farmer Moore, a well known planter living near Blacks burg, was In Gaffney yesterday ex? hibiting quite a curiosity in the shape Of a counterpane winch was woven before the Revolutionary war. Mr. Moore has inherited the counterpane Straight through live generations and there can be no doubt as to the au? thenticity of his Claim, The counter? pane was Woven out Of Max by Davy Falls, who had just come to America from Ireland and located near King's Mountain. It is wonderfully well pre? served considering its age and is ab? solutely free from holes. It shows no blemishes and the work la really beautiful, it acema that prior to th<? days of the Revolution it was the custom for all the weaving to be done by the men, and the women took no putt m these endeavors. ITRF IN COI.I MBl'S, UA. Show Caan Plaut Destroyed?Loss $75,000. Columbus, Ga., Dee. 6.?The Geor uia Show ease plaid was Pinned this morning. The loss Is Bald to bo $7f>, aoo. Insurance covers only half tho loss. Sixty hands are thrown out of work, The company will rebuild. EN BANG DECISION. COURT MAY USE its DISCRETION AND NEED NOT Ask FOR FILLING OF VACANCY. En Banc Session Called for Dominiek I Case Divides an Important Ques? tion. Columbia, Dec. 6.?Following a session yesterday of the Supreme Court en banc rendered a decision that it is not required of the justices j or the court to certify to the gover? nor the disqualification of a justice in any cause or causes so that he may commission a special associate justice. "The supreme court is therefore empowered to exercise its discretion in any cause irrespective of the ground of disqualification and it is so j adjudged," concludes the decision. The decision was given in the case 1 of Fred H. Dominiek against A. W. j Jones, comptroller general. Mr. Dom I inick presented a bill for over $1,200 I for services in the State bond test i suit. j The majority opinion was written I by Chief Justice Gary and concurred I In by D. E. Hydrick and R. C. Watts, associate justices and George E. Prince, R. W. Memminger, John S. Wilson, J. W. DeVore, T. S. Sease, H. j F. Dice, Frank B. Gary, T. H. Spain and I. W. Bowman, circuit judges. T. B. Fr?ser, associate justice, wrote j a dissenting opinion. The following is the majority de? cision: "On the call of this case for hear j ing in the supreme court it appeared j that H. C. Watts, associate justice, was disqualified from sitting, jy rea ; son of the fact that the appeal was i from an order by him. "Thereupon the pctltloncr-rc spend i ent requested this court to certify io ! the.governor, the fact of such i disqualification, in order that he might i commission some one learned in the law to preside (sit?) in the place of Mr. Justice Watts. "It appeared to the justices of this court that there is involved a question of constitutional law, upon which the jntire court is not agreed, to wit: Whether petitioner-respondent is en? titled to demand as a right under the provisions of the conatituion that the place of the disqualified justice be filled?there being a quorum present, without his attendance; whereupon the chief justice called the circuit judges to the assistance of the su? preme court for the purpose of de? termining said question. J "When the case of McAulay vs Mc Aulay was heard by the supreme court it was composed of five members, Mr. Justice Woods being one of them, but the opinion, which was rendered by an evenly divided court, was not filed until he bad resigned. "The appellant's attorney filed a petition lor a rehearing in that case on several grounds, one of which was that the court was without power to render the decision for the reason that it was then composed only of four justices. "The reasoning of the court in the lease hereinbefore mentioned, shows conclusively that it is not incumbent on the court or the justices thereof to certify to the governor the disqual? ification of a justice in any cause or causes in order that he may 'imme? diately commission specially the re? quisite number of men learned in the law for the trial and determination thereof,' whether the disqualification arises from the fact of resignation, when the unexpired term exceeds or is less than one year, or where tho disqualification arises from any other cause, unless there is not a quorum present. "When the provisions of the consti? tution relative to this question are considered in their entirety, it is ap? parent that when three qualified members of the court are present, a quorum of the court is present, and it is diseretionary with the court j so composed or the justices thereof whether they will certify the dis? qualification or temporary absence of any other member or members of tlie court to the governor in order that he may commission some one learned in the law to preside in the place of the disqualified or absent justice. Of course the disqualifi? cation of a justice or justicea does not disqualify him or them from certify? ing the fact of hie or their dlequall* ftcation to the governor. 'Finally it is contended that al? though the court when composed of J quorum has the power to render judgment In a cause, it has not Ihe power to certify to the governor that there is a vacancy arising from ihe resignation of a justice. In order mat the governor may commission soi e one i(? preside In the place of the resigned justice. "This proposition is untenable, as it is Inconsistenl with the provisions <-f the constitution and tin> construc? tion placed upon them by this court "Tho supreme court is therefore empowered to exercise its discretion in any cause ii respective of the ground of disqualification and it is so adjudged." in tin- dissenting opinion by T. II THE BRACE-WHALEY CONTEST. THE'HOUSE OOMMRB WILL MAKE INQUIRY INTO CHARGES. Believed, However, That Decision to Probe First Congressional DistHct Primary Has Heeu Virtually Made ?Rest Solution of Tangle. Washington, Dec. 5.?Although pos? itive announcement of what the house elections committee now inves? tigating the Grace-Whaley charges will do has not yet been made, it is understood here today that the ques ion of the methods by which Mr. Whaley secured his seat in the house in the First distriet primary of last spring will be investigated. Today the committee met again and ordered that all of the affidavits sub? mitted by Mayor Grace, with the tes? timony submitted by his witnesses, as well as the matter put in by M*\ Whaley, be sent to the public printer immediately so that committee mem? bers might have the opportunity of having the entire printed record be? fore final action is taken. This action is taken to mean that, as already outlined in this correspond? ence, Mayor Grace has made a pri? ma facie showing and that the main question which the committee is now considering is whether Mr. Whaley has made sufficient reply to effset the allegations made by the Charleston mayor. Around the capitol it seems to be the impression that since much has been said regarding conditions in the First distriet with special reference to Mr. Whaley's right to retain his seat in the house, it would be bet? ter for him, if no other purpose ! should be served thereby, to have ' the situation cleared up and all mys? tery removed. Monday, it is expected a definite announcement will be made regard? ing the matter, although it may come , sooner. DEATH LIST LARGER. Texas Flood a Great Calamity?Fifty Three Dead. Dallas, Dec. C.?The latest reports, some of them unconfirmed, place the total dead in the central Texas flood at fifty-three. Scores are still im? perilled, clinging to roof and tree tops. Among the dead reported are Henry Martin, vice president and gen? eral manager of the Internav.ional and Great Northern Railroad, who was drowned while attempting to rescue a family at Valley Junction. The weather has turned bitterly cold and there is great suffering by the flood victims. LOPEZ SEEMINGLY SAFE. A&ain Has Vtwitted Sheriffs' Posses in Utah. Bingham, Utah, Dec. 6.?After searching a third of Utah-Apex mine, the posse which penetrated the stronghold of Ralph Lopez, slayer of six men, tonight came out and an? nounced to the thousands of expect? ant miners that they had found noth? ing to indicate that the desperado was dead. The belief prevails that again the sheriffs of nine counties and their hundred of deputies have been outwitted by the man who sev? eral times has risked capture in or? der to jeer at their efforts. ROBBERS LOOT EXPRESS TRAIN. Board Fast Train and Steal Silk and Furs. Chicago, 111., Dec. 6.?Daring train robbers, who boarded the Lake Shore fast express at Toledo, robbed a sealed car, bound for Omaha early this morning. Ten thousand dollars worth of furs, plumes and silks were stolen. There is no clue. Fraser, associate justice, it is held that under the constitution litigants i:i the supreme court "have the right to have the place of a disqualified jus? tice filled by executive appointment. This right may be waived." Continu? ing, he says: "Section 11 of article S provides: 'All vacancies in the su? preme court or inferior tribunals shall be iill<d by elections as here? in prescribed, provided that if the unexptred term does not exceed one year, such vacancy may be filled by executh e ap ?ointment." ? It is true the words 'otherwise prevented from presiding' are general enough to Cover all cases, but the specific Words that immediately pre? cede this general expression are dis? qualification. "It seems to nie therefore that the general words refer to disqualifica? tion. This construction given effect to every provision of the constitution. "1. A vacancy for more than a year shall be idled only by election and no appointment can be made to fill a vacancy in any cage It the term exceeds a year. "2. The place of a disqualified jus? tice shall be filled by appointment. ? Three maj be a quorum."