Historical Newspapers of South Carolina

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IE! THAL FOB ?ME. COURT DECIDES CASE Or CLARENDON NEGRO. Tribunal Reverse? Order Re New Trial on Ground off Af? ter Discovered Evidence In Affida? vit by Columbia, June I.?The supreme court In n decision by Chief Justice jOmrj yesterday granted a new trial to 'AUhe Beth tine, the Clarendon county i afro who was convicted six years ago on the charge of murder and sentenc? ed to death The oaae has been bsfc re the supreme court on several oc<a The neuro tost his appeal when the ease wan carried to the United fttateo supreme court. The new trial hwa boon granted on the ground of af? ter discovered evidence. Bethune is ejloged to hate hilled O. B. Mima, a met! known white farmer of Cl?ren H lo the judgment of this court that the order bo reversed and the case led tf the circuit court for a trial," concludes the opinion, following la the decision of the la an appeal from an order a motion for a new trial on of after discovered evl . ?Ob Um Milt day of January. 1916. It D. JennloA on attorney at law of r. madej an nAdavIt, stating the he was of counsel for the in the case bf the State Willie Bethune. defendant, ho talked with the witness, Al ffOd MeFhdden. before the trial In a Investigation of 'vhat hts wo?)d consist bf. 'the said Alfred McPadden. made a to me at that time In which abated that ho did not know who the Aral shot, and that he had who fired the first ehot. Upon ition by the solicitor lie stated ?ill sly to the ooatrary. end stated Ho had aeon Bethune lire the first afeFadden wan the only eye for the State, and the Jury necessarily ht.ve rested their ver ot guilty upon his sworn testl f. His statem?nt upon the stand who entirely different from the state It that he had made before the \fm* appellant was tried for murder befere the Hon. George W. Gage, etrontt judge, and the jury ren * wmum of goiky. whereupon to s?ffet1 the penalty a motion for a new haw honor Judge Gage said: tor this verdict lo right depend ?s en the testimony of the witness, Mo? lden. I don't know him but the does. If he told the truth, It Is right, if he told what la not the truth, ho will have to answer for It before h|s Maker wfceo lie comes to die. Whether or not he told the truth Is a matter for the jury, and they have ?copied his testimony. The whole upon McFadden's test I 'A motion ivae made before his ft. W. G. Bhlpp for an order the execution of the sentence, te order that the defendant might Make a motion for n new trial before Mi honor Judge DeVore on tho ground of after dlncovered evidence. tm refusing the motion to stay the execution of tto sentence his honor Jod go Bhlpp sad: 'I do not hesitate to say that uj>on an examination of tho evidence upon which the defendant whs convicted, I would, If it were in my power, change the penalty from death to life Imprisonment, antf had I tho power, without an abuse of my discretion, I vould grant the stay ashed for. However, under my view of tho Mw and of tny duty. I must the motion, and It la so order Thereafter his ? xcellcnoy Gov. Manning granted a reprieve and his honor Judge DoVort heard the mo? tion for a new trial, and In refusing it need thin language: 'The testimony upon which this motion fa made does nothing mom than contradict a certain witness who testified in the at the trial, to wit. McFadden. the supreme Court has laid down rule that testimony that does not more than contradict a witness who testifies on the trial is not mi indent upon which to grant a new trial on after discovered evidence. It makes no difference who the wltneaa h that proposes to contradict that one who testified In court. The rule mus' still obtain, and for that reaaon I am of tho opinion that the motion for a new trial ahould be refused, and the same to hereby refused.' "The vltsl question la whether the testimony of L? D. Jennlnga stands upon a different footing from that or tho other witnesses by reason of the fact that he came Into poaseasion of Information while dlacharglng hi* du? ties as sn ssslatant to the solicitor which he d?* not dlaelone when It be? came known to him during the prog? ress of the trial that the tenden? y of the Information waa to deatroy the credibility of the witness McFacden. which might have caused the Jury to 10 SETTLE mm (IIIEI TWO WAYS OF CLEARING MILI? TIA PROBLEM. Governor With Adjutant General Visits Washington to Arrange Fres sing Question. Washington, June 6.?Oov. R. I. Manning and Adjutant General W. W. ] Mooro of South Carolina spent the day I in Washington. They he! ? an im? portant conference with ecretarv j Baker and Gen. Mills, chief of militia affairs of the department, regarding jthe old equipment shortage, amount ling in the beginning to about $104, 000, but since reduced to about $32, 000. After the conference Gov. Man? ning authorised the statement to be madjS that it was most satisfactory, Secretary Baker advising him that either one of two ways could be used to get rid of this old indebtedness. One of these is for it to be arranged through the office of tho Judge advo cate general, which though under the new law under a reapportlonment pla i will soon go Into effect, and failing in that It may be arranged by a special bill to be introduced In congress and passed as the case has been with othr States, wiping out the obligation. It Is almost certain that one of I these will ba successful. Gov. Man? ning left Immediately after the con? ference, entirely satisfied with what had bean accomplished. This old indebtedness will soon be entirely wiped out. as a result of what Gov. Manning and Gsn. Moore have done, thus relieving the State rf South Carolina of the obligation which arose through loss and damage to equipment. STILL CATCHING BIG FISH. ig Hooked at Georgetown Weigh 450 Pounds. Georgetown. June 5.?The bass con? tinue to run and the* fishermen are I still after them In earnest. Albert Ford set the pace for numbers and total weight some days ago with nine big fellows totalling nearly three hun? dred pounds. This put tho others to work and U appears that Charles Congdon has gone Mr. Ford one bet? ter. Mr. Congdon and Mr. Siau, the man with tho record of a forty-cight pounder. have Just caught off the I South Jetty sixteen big fish that weigh 460 pounds. Of these Mr. Congdon I caught ten, the weight of which was 2?7 pounds; Mr. Stau six weighing 183. Tits sport hi great and every day tho fishermen are busy and the flah seam to get larger. Mr. Congdon caught a thirty-nlne-pounder among his ten. GREECE FILMS PROTEST. Declaration of Martial Law Offends Government. Athens, Jons 6.?-Greece has pro? tested to the Allies against the decla? ration of martial law at Saloniki. me. ... i. render a different verdict. "The theory of the law lo that the I duties of the solicitor are quasi Judi? cial ahd that, while It lr. more espe? cially made his duty to conduct the prosecution so as to present the facts upon which the Stats seeks a convic? tion, nevertheless the duty rests upon him to soo that no act on his part shad prevent the prisoner from hav? ing a fair and Impartial trial. The State does not desire a conviction In any case unless the prisoner has been accorded those rights that entitle him to a fair trial. When tho assistant solicitor heard the witness McFadden testify differently from the statements which ho had already made it was his duty to bring such facts to the atten? tion of the solicitor in order that he iniKht take such steps as might be necessary to enable the prisoner to ha\e a fair trial." ' It is because of the Quasi judicial nature of the duties imposed upon the solicitor that he should be most careful to retain control of the con? duct of the case, as It is hut reason? able to suppose that those employed to assist in the prosecution would not keep before them the quasi Judicial duties of office as vividly as the solici? tor. This Is not said by way of criti? cism in the present case but to show thar. the seal that may be displayed by able attorneys assisting in the pros? ecution requires the court to scrutinize his acts as carefully as thc solicitor himself. "His honor, therefore, was in error in ruling that the testimony of Mr. Jennings was not different in kind from the r I . .?y of the other wit? nesses. "As fa. Nkatttl of Justice to Mr. Jen? nings, we take pleasure in statin? lhat he Is an attorney of marked ability and high professional ideals, and that while ho unquestionably erred In fail? ing to make the proper disclosure of his information, there was no inten? tional wrong on his part and he is to he commended for finally discharging his duty by making the affidavit in question. "It is the Judgment of this court that ths order be reversed anil the case raahanded to the eirclut court foi a new trial." BISHOP NORTHROP DEAD 1IKA1> OF ROMAN CATHOLIC DIO CESE OF STATE PASSES A WAT. Had Keen III For Long Time and Death Was not Unexpected?Bish? op of Charleston for Tlilrty-thrcc Years. Charleston, June 7.?The Rt. Rev. H. P. Northrop, D. D., bishop of Charleston .after a long illness borne with Christian patience and resigna? tion, died at ten minutes past noon to? day, surrounded by his friends and at? tended by the Sisters of Mercy. The funeral services will be held in the cathedral on Tuesday, June 19, News of Bishop Northrop's demise was received with profound sorrow. His long Illness had, In a measure, prepared the) city for the end, but general grief was none the less deep, when the final summons came. For many months Bishop Northrop had suffered from failing health, the hope I always being fostered that ho would regain his strength, and once more resume his active work, directing the affairs of a large and Important juris? diction. His distinguished service in his church brought him more than Statewide prominence and affection, and his memory is widely revered. Henry Pinckney Northrop was the fourth bishop in South. Carolina since 1820, when the see was established. Bishop Northrop, the son of C. Northrop and Hannah E. Anderson, was born in Charleston May 5, 1842. He was a student at Georgetown col? lege and received his A. B. degree I from Mount St. Mary's college, Em mlttavllle, Md. He studied four years at the theological seminary there and then went to the American college at Rome. He was ordained a Roman Catholic priest In 1865 and for a year iwas assistant at the Church of tho Nativity In New York. In 1866 he became assistant pastor of St. Jo? seph's church In Charleston, where he. stayed for two years. He then became missionary priest in North Carolina at New Berne, returning to Charleston in 1873 as assistant pastor of the pro-cathedral. He served as pastor at Sullivan's Island and St. Patrick's church In Charleston. Bishop Northrop was consecrated January 8, 1882, and was transferred from the Vlcarlato apostolic of North Carolina by papal brief to See of Char? leston in January, 1883, following the death of Bishop Lynch. The other two bishops were tho Rt. Rev. John England and the Rt. Rev. Ignatius A. Reynolds. The pro-cathedral-and episcopal res? idence in Charleston was wrecked in the earthquake of August 31, 1886. [Through funds from Northerners these were restored in a few years, under the direction of Bishop North? rop. Twelve churches were dedicated by him in addition to the largo cathe? dral of 8t. John the Baptist in Char? leston, fronting on Broad streot, which was consecrated April 14, 1907. Following the course of his prede? cessors Bishop Northrop gave a great deal of his attention to the care and education of the negroes, for whom a church had boon built by Bishop Lynch In 1867. A school was later established In charge of the Sisters of Mercy, residing at St. Catherine's con? vent, attached to the church, estab? lished under Bishop Northrop and named for Mother Catherine Drexel. In 1907 Bishop Northrop Introduced tho Ladles of the Cenaclc. Solemn Pontifical mass will bo said I at Bishop Northrop's funeral services at the cathedral Tuesday morning at 10.30 o'clock. Cardinal Gibbons has been invited and may officiate Ar? rangements for the interment had not been completed late this afternoon. The body will lie in state at the epis? copal residence, No. 114 Broad street, until Sunday at noon, when it will be removed to the Cathedral to He in state there until the time of the funcr All of the bishops of thc province a* well as Bishop Northrop's friend-; elsewhere are expected to attend thc funeral services. An acceptance from Cardinal Gibbons of the invitation to cificiate at the funeral services bar? net l?eeo reeclved late today. Of the many notable events in the career of Bishop Northrop the cele? bration of his silver jubilee combined with tho consecration of thc Cathedral of St. John the Baptist stands out most prominently in tho memory of Charleston, for on that magnificent occasion ceremonials of appropriate si 'endor marked the rounding out of 2r? years of Bishop Northrop's admin? istration of an important sec, crowned by the completion of a noble monu? ment to his zealous labors, thc hand? some edifico noted for its stately beauty. Observing the actual date of his 25th year of service as bishop, January 8, 1907, with simple cere? monies, tho formal celebration with the consecration of thc cathedral oc? curred ~>n April 14 of that year, tha occasion being one of national inter? est, due to thc presence of rflstin f.uhhed prelates and clergymen, and prominent laymen, from all parts of thf country, with representation from Home. Most elaborate and impres ItKj M SHOT. CHESTER BO YD LIES AT POINT OF DEATH. Inez Berrio, Sixteen-year-old Sister in-Luw Fired Shots Which May Prove Fatal?Awaits Results in Jail. Aiken, June 7.?Chester Boyd, fireman and driver of the Aiken Arc department automobile truck, was shot and probably fatally wounded about 10.30 o'clock Tuesday night by his sister-in-law, Miss Inez Berrie, a 16-year-old school girl, who was liv? ing at his home. The girl fired three shots at Boyd from a 32 calibre re? volver, two shots taking effect, and Boyd lies at the Aiken inllrmary, where he was operated on this morn? ing, at the point of death. Immediately after tho chooting the girl disappeared and the police searched all night and all t'.iis morn? ing for her. This afternoon sha gave herself up, having spent the night and morning at one of the win? ter resident's homes. She is la jail awaiting tho outcome of the injury to Boyd. The cause of the shooting la shroud? ed In mystery,, but there are many rumors afloat. When questioned by the police Tuesday night as to the cause of the shooting, Boyd declared that the girl shot him about money matters. Her father died in April of this year. Little hope Is entertained by tho attending physicians of the recovery of Boyd. who was shot twice through the groin, the intestines being punc? tured in two places The .girl has made no statement -. SUMMERTON GALA DAY. Masonic Lodge to Present Park to Amateur Atl?ctic Association Splendid Programme; Summerton, June 6.?Friday, June 9, will be a gala day for Summerton. The day Is in appreciation of the work of the members of Summerton lodge jNo. 105, A. F. M., who have made It I possible for the young folk, to have a playground for all time. The pro? gramme will open at 9 o'clock with a basketball game. Summcrton lodge will convene at 9:30 o'clock and march to the park at 10 o'clock. At 10:30 o'clock the park will be formal? ly donated to the Summerton Ama? teur Athletic association with an ad I dress hy W. C. Davis. A picnic din? ner will bo served at 1 o'clock with a Baseball game at 4 o'clock. At 8 o'clock the Summerton Masonic lodge will be convened for a visit from Wil? liam W. Wannamaker, district deputy grand worshjptul master. INQUIRY ON PEACE STORIES. -' State Department Makes Inquiries About Interviews Credited to Am? bassador in Berlin. Washington, June 6.?Secretary Lansing said lato today that he had cabled Ambassador Gerard at Berlin asking whether he had given out in? terviews on the subqject of peace which recently have been credited to him by newspapers in Germany and sent to this country in press dis? patches. sivo rlte3 were observed, the event being one long to he remembered by the great concourse participating. Bishop Northrop was consecrated to. his high office at Baltimore, January 8, 1882, the then Archbishop Gibbons saying mass, and thc sermon being preached by the theft Bishop Keane of Richmond. At thc silver jubilee Archbishop Keane preached the ser? mon, and Cardinal Gibbons was pres? ent. Bishop Northrop was instituted at Wilmington on January lr\ at St. Thomas church, celebrating pontifical high mass, as vicar apostolic and titu? lar bishop of Rosalia. By papal brief he came to thc See of Charleston January 27, 1883, suc? ceeding Bishop L.ynch, and being the fourth bishop of the see. His instal? lation here occurred on March 12, 1883. Bishop Moore of Florida preaching the sermon. The services were held at thc pro-cathedral. Thc golden jubilee of Bishop North? rop*! priesthood was celebrated in a congratulatory way on June 25, 1915. Solemn high mass of thanksgiving was said by the Very Rev. P. L. Duffy, V. G., and many were the good wishes extended the bishop, whose health did not permit of an elahorate pro? gramme. His work has been of splendid pro? portions. During his service in this see some 15 new churches were built the most prominent being the cathed? ral. He was devoted to the cause of education, originating many institu? tions for the teaching of youth. Other institutions of value to the church and to the community in which they arose were the result of the bishop's eflic? it labors. He was known and revered in the city of his birth by all, whatever their fatith, and his scholarly accom? plishments and zeal In his church of flve gave him high rank among the clergy of the nation. BETHEL AWAKE 10 MEEDS. ENTIIU SI ASTICA LLY EN DO K BE HKAI/Tll CAMPAIGN PRO? POSED BY DR. HOWELL. Heartily Pledge Themselves to Adopt Suggestions Offered to Produce Better Health in Community?Sani? tary Survey Will Commence at Once. From The Daily Item, June 7. Between seventy-five and one hun? dred people of Bethel school neighbor? hood attended the first public health meeting at Bethel school last night at which Dr. J. T. Howeil, director of rural sanitation of the State board of health, delivered an illust' ited lec? ture on important questions of public health. Rev. William Haynsworth, of Beth? el church presided. Mr. Haynsworth in opening the meeting heartily en? dorsed the movement for improving the hygienic conditions rf the rural districts by the State board of health, and assured Dr. Howell that he in? tended to put in every sanitary con? venience recommended. Dr. R. B. Furman, a well known and popular practicing physician of the Bethel section, in a few well chos? en remarks endorsed everything said by Dr. Howell and advised his fellow citizens to install the sanitary closets, protect their homes from flies and mosquitoes, and otherwise safeguard their health conditions, as suggested by Dr. Howell. Secretary E. I. Reardon, of the Sumter Chamber of Commerce was called upon next to make a short talk. He briefly outlined the plans of the Sumter city council, board of health, and citizens of Sumter in car? rying out the suggestions made by Dr. Howell. The secretary suggested the organization of civic improvement clubs among the women of the rural districts, mothers in particular, to save lives of the babies, and hold reg? ular meetings to study questions of public health, and how to make the homes more economical, hygienic, ef? ficient and beautiful. He stated that the Sumter Cham? ber of Commerce had induced the State Board of Health to send Dr. Howell and Dr. Brohun here to work in the rural districts to educate the masses of the people how to protect their health, and that while these sanitary officials were in this county the city authorities, Civic League, and Chamber of Commerce together with all Sumter citizens are utilizing the expert sanitary knowledge of these experienced government officials to Improve the sanitary conditions of this city. Dr. J. H. Haynsworth, county su? perintendent of education, in behalf of the educational department of Sum? ter county, heartily endorsed Dr. Howell's efforts for making the rural districts a more desirable place In which to live. Nothing better could be done In his opinion to contribute to tho prosperity of the country than lowering the death rate, decreasing the amount of preventable diseases, and he hoped that hygiene would soon be a regularly established feature of the curriculum of the public schools. He said that the county board of education was working with the Sum? ter Chamber of Commerce cheerfully to back up Dr. Howell in his work in the rural districts and that these two organized forces intended to put forth every available coopeartive, educa? tional, and get-together assistance in their power. Dr. Howell then began his highly educational, comprehensive, and plain talk, illustrated by lantern Bilde pic? tures. The speaker eliminated every complicated technical phrase and spoke in plain English so that even the youngest school boy or girl could thoroughly understand the serious import of his remarks. He showed by the lantern slides as well as by his talk, just how the files scatter diseases. He told of the life history of flies. How to pre? vent them from infecting our food, and went into details about the va? rious methods of preventing the in? troducing of disease into our homes, through the flies. He advocated the building of fly proof closets, protection of the milk and water supplies, and showed how the neglect of the negro tenant houses and premises by white land? lords resulted in the families of the whites being infected from the un? protected outhouses of the darkies. Dr. Howell drew a very plain picture of what parsimonious and selfish methods of living mean when the well to do and intelligent white land? lord allows his less intelligent and poorer fellow citizens to maintain a dangerous and unanitary condition of affairs near the white landlord's home. He showed by the illustrations and by scientific statistics that disease and death are no respectors of per? sons, social, or financial, and that the highly educated, wealthy and cultur? ed families are infected by neglected and careless premises of the negro, as well as those of the poor. He proved that in matters of protecting the pub? lic health no man can live unto him? self, bttt must suffer from the ncg THE DEMOCRATIC PLATFORM PRESIDENT'S ADVISERS HOLD INW >HMAL COMFERENCES WITH CHIEF EXECU? TIVE.. Tone of Document Will be. Influenced by Action of Chicago Convention. Washington, June 6.?Plans for the National Democratic Convention, with particular reference to the platform, were discussed today by President Wilson and his advisers at the Cab? inet meeting and at informal White House conferences. Senator James, who is to be the permanent chairman of the conven? tion, and Representative Doremus, chairman of the Democratic Congres? sional commitec, partiicpated in the discussion. i I The president, who is preparing a draft of the platform, will not com? plete his work until after the Republi? can convention. The tone of the doc? ument will be influenced by the ac* tion of the Chicago convention. Peace and prosperity will be tho keynote of thc platform, and special reference will be made to prepared? ness measures adopted and proposed by the administration. In thc legisla? tive achievements of the administra? tion chief attention will be paid to the tariff, currency, the Alaskan rail? road and trade commission bills, and mention will be made of the pending tariff commission, Philippines and ru? ral credits bills. Secretary Lansing will cooperate in thc final drafting of the plank dealing with foreign affairs. Thc president received a telegram today from James A. Bailey, chair? man of the Democratic managing committee of Cook County, Illinois, saying the Republican convention had been welcomed to Chicago by the elec? tion of the entire judicial ticket of the Democratic party in Cook county by a majority of more than 25,000. ALL ENGLAND MOURNS. Flage at Half Mast Everywhere in Honor of Lord Kitchener. Ijondon, June 7.?The cabinet meet? ing tsday discussed the situation pro? duced by Lord Kitchener's death, the question of his successor being the chief topic. The names mentioned were Gen. William Robertson, Lloyd George and Lord Derby. A great me? morial service will be held which will be attended by the King and represen? tatives of the allied governments. Flags are at half mast everywhere to? day and silent throngs fill the streets. The belief is growing that the Hamp? shire was destroyed by a submarine. BOSTON CASHIER ARRESTED.* Harry A. Jones Charged with Taking $41,000. Boston, June 7.?Harry A. Jones, assistant cashier of the Stoneham Na? tional bank has been arrested. He Is charged with embezzling forty-one thousand dollars in cash and securi? ties from the bank. Jones is mar? ried and has three children. THE BATTLE OF VERDUN. Germans Continue Their Unrelenting Assaults on French Positions. Paris, June 7.?The Germans last night apain launched a new assault against the French position at Fort Vaux. The French repulsed the at? tack. A bombardment by German guns preceded the attack. The Ger? mans are again active in the sector of Hartsmannsweilerkopf. The Ger? mans are also in action against the French positions at Hill 304 and Caillette forest. lect of his fellow man. When nature's laws are violated wo have to pay the price, and the Inno? cent suffer with the guilty, and even those who try to maintain prop? er sanitary conditions often suffer and meet premature death because of tho ignorance, selfishness, and indifference of others. At the conclusion of Dr. Howell's address the meeting unanimously and by a rising vote endorsed his proposed work and decided that those present would get busy cooperating with him by doing right away what he suggest? ed, and getting to work to get others to do so. Upon this showing of co? operation Dr. Howell agreed to begin, work In Bethel school district imme? diately. It was decided to hold a se? ries of weekly public health meetings in that school district, beginning wit'i Monday night next, June 19th, at S o'clock in Bethel school auditorium. The spirit of cooperation mainfestod by those at the meeting was fine and Dr. Howell and his associates from Sumter were delighted with the re? sults of the meeting. The sumter Chamber of Commerce facilities were placed at the disposal of the people of Bethel neighborhood to keep in touch with Dr. Howell and Dr. Brohun, and the State health board, and for health bulletin servieo and cordially accepted by Rev. Haynsworth In behalf of bis fellow citizens.