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VOL. XL- NO. 91. NWEWBERRY. S. C.. TUESDAY. APRIL. 4 1904 T WICE A WEEK S$1.50 A YEAR
IRS. f. H. FRANKLIl
GETS BIG YERDIGT
$5,ooo DAMAGES AGAINST THE
Suit Was Brought In Greenville Last
Week For Alleged Injuries Re
ceived on Trip to Atlanta.
After a trial in the court of com
mon pleas in Greenville consuming
the greaf'er part of three days of last
week, Mrs. Sudie L. Franklin, wife
of Policeman H. H. Franklin, of this
city, was on last Friday afternoon
awarded a verdict of $25,ooo against
the Southern Railway company. les
sor of the old Atlantic and Charlotte
Air Line railway. Counsel for the
railway company immediately gave
notice of a motion for a new trial,
and failing in this the case will very
probably be carried to the supreme
court and fought to the end.
Mrs. Franklin entered suit against
the railway company for $50,ooo
damages for an alleged insult to her
by a passenger in a train from Green
ville to Atlanta, alleging that as the
result of the shock to her nervous
system, serious physical infirmities
were brought about.
Mrs.'Frankin's action was brought
by Col. Geoge Johnstone. of New
berry, who was assisted in the trial of
the case by Haynesworth. Parker
and Patterson, of Greenville.
The railroad was represented by
Col. v. A. Henderson of Knoxville,
r enn., who is assistanat general coun
sel of the Southern, with Col. 0. L.
Schumpert. of Newberry, and Coth
ran, Dean and Cothran as his asso
The Greenville Mountaineer says
rs. Franklin's testimony in the
case, nd that of the conductor who
was in chirge of the train:
"Mrs. Franklin is a comely woman,
unusually self-possessed on the wit
ness stand. with readiness and intelli
gence in giving testimony that is sur
prising and uncommon. and appre
ciating the bearing of evidence upon
the case in hand. Her testimony re
vealed the fact that she was married
when only 16 years old. and has been
the mother of three children. one of
whom is dead. Her husband is a
policeman in Newberry and her occu
pation is dress making. Mrs. Frank
lin gave a .connected account of the
trip from Newberry to Atlanta. stat:
ing that on reaching Greenville she
and her little child went aboard the
afternoon train for Atlanta, and that
there were only two other passengers
in the car. both of whom were men.
Soon -after the train left here one of
lbese men etigaged her in conversa
tion. taking a seat by her side. mak
iag indecent proposals, putting *his
amn around her waist and using fa
mniliarities against her protest, though
she endured the unpleasant treatment
for a quarter of an hour or more. The
men were drinking and behaving un
seemly, but only one of them made
"On the cross-examination Mrs.
Franklin said that the conductor was
in the car m'ost of- the time when
the man was annoying and insulting
her, and made no effort to stop his
unruly behavior until she appealed to
him for protection, when the conduc
tor told the man he must desist or he
would put him off the train. The man
claimed that he was a detective, but
the conductor said he must behave or
else he could not ride any further on
his train, which put a quietus to the
men except that they continued to
drink and use indecent language, but
the conductor had removed her to -the
center of the car, where he had been
seated for some time. On arriving at
Atl.anta she was taken ill and the cause
was due to the fright occasioned by
the conduct of this unknown man, re
.suIting in serious consequences owing
to her delicate condition at the time.
"Conductor Roseborough, who was
in charge of the train when the alleg
ed indignities were heaped upon Mrs.
Franklin. stated that he had observed
the man on the seat with Mrs. Frank
lin and holding her little daughter on
his knee, and he was not aware that
the woman was being annoyed by his
presence. as she made no complaint
against him. and seemingly they
were engaged in an ordinary conver
sation. Mr. Roseborough assumed
that they were at least acquaintasces
and it was not his duty to interfere,
but he denied that he was in the car
for any length of time and did not ob
serve that Mrs. Franklin was at.all
annoyed until he went through the
train again, when as he entered the
coach he saw that she was in the act
of leaving the seat. Immediately he
approached and asked if she desired
to change her seat, when the reply was
that the man had been an annoyance
to her, which caused her to make the
change. The conductor escorted Mrs.
Franklin to the rear of the car and
then went back for the child, who was
taken to her mother. He told the
man not to repeat his conduct and if
he spoke to Mrs. Franklin again he
would be put off the train and left
-in the ditch.' The man ashrted that
he had not done anything wrong, but
was willing to make an apology if
Mrs. Franklin was offended. and then
went in another coach. Mr. Rose
borough assisted the mother and
child off the train on reaching Atlan
*ta, and the incident on the train was
not mentioned again."
The Greenville Daily News says
of the splendid arguments of counsel
in the case:
"The speeches of Mr. Schumpert,
of Newberry, for the defendant, and
Mr. Patterson and Mr. Haynsworth,
for the plaintiff, were exceptionally
.fine efforts, but the closing argument
of the day made by Senator Dean in
in behalf of railway company was un
doubtedly one of the strongest argu
ments ever heard in the court house.
The closing arguments made by
Gen. Henderson. for the company,
and Col. Johnstone, for the plaintiff.
were master pieces of legal oratory.
Gen. Henderson stuck closely to the
record- in the case, handling each
point in the evidence in anyway fav
orable to his side of the case. while
Col. Johnstone used with wonderful
effect as the verdict doubtless proves,
his brilliant powers as an advocate."
A Call to Democrats to Organize.
The democratic club of Newberry
County are hereby called to meet on
,the fourth Saturday of April, the 23d
day. (or on such day during the same
week as the President and Secretary
may deem more convenient to the
members), at their respective places
of meeting, for the purpose of organi
zing. electing a member of the Coun
ty Democratic Executive Committee
and* electing delegates to the -County
Convention which is hereby called to
meet on Munday the 2nd day of May,
19o04, at Newberry Court House for
the purpose of reorganizing the dem
ocratic party of )$wberry County,
electing a County ~Chairman, eight
delegates to the state convention and
a member of the State Democratic
Committee and such other business
as may come up before it.
Each Club will be entitltd to one
delegate for every titer-n members as
per resolution of the Com ty Demo
By order of the Counity Democrat
ic Executive Committee.
John C' Goggans,
Death of Mrs. J. T. Fair.
Mrs. Elizabeth Fair. wife of Mr.
James T. Fair. died at thei .or:.e in
Washington on Saturday. Tire' body
was b;ought to Newberry ,ft'r inter
mem Mrs. Fair was a Miss Round
tree Rarnwell anc' lii 'n Newber
ry fo.r seeral yea~ fore the re
moval of the f v, Washington.
She had many n~ z Newberry
who mourn hej ce: nd sympathize
with the husand ad children in
the loss they i have sutaisted of a lov
ng wife arj a devotd mother.
A NUMBER OF CANDIDATES
A Brief Survey of the Political Field
And a List of the Probable
The meeting of the county demo
cratic executive committee on Satur
day practically opened the political
campaign of 1904 in, Newberry coun
In accordance with the call issued
by the committee the various clubs
throughout the county will meet on!
Saturday. the 23d of this month, or
during the week in which that day
occurs, for the purpose of reorgan
izing and electing officers, a member
of the county democratic executive
committee. and delegates to the coun
ty convention. The couniy conven
tion will meet on Monday. May 2d. to
elect a member of the state demo
cratic executive committee, a county
chairman. and eight delegates to the
state democratic convention.
Each club is entitled to one dele
gate in the county convention for
each fifteen .members, or majority
fractio-n thereof. The state conven
tion will meet in Columbia on Wed
nesday. May 18.
The candidates for the various
county offices have become active.
There will be more than enough can
didates to fill various offices. There
always is,-else why the necessity for
a campaign? At the present time,
however, the indications are that sev
eral of the present county officers who
will stand for re-election will not
have opposition. .
Compared with several nearby
counties, the candidates in Newberry
county have been a little slow about
making their announcements. Most
of the announcements will very prob
ably be made, however. before the
meetings of the clubs the week after
the next. Those who have sought
the field before the meeting of the
deeply studied the intricacies of the
political game say that a man who
seeks an office ought to be actively in
the field before the meeting of the
clubs and certainly before the meet
ing of the county convention. They
say that it does a man good to be
discussed at these meetings and then
he can find out early in the game
where his weak places are and seek
to build them up.
However that may be, the an
nouncements have already begun to
come in. and a number appear in this
paper. As stated. there will be no
dearth to them and, though 'several of
the present county officers will likely
not be opposed, none of the- places
will go begging. Judging fronm the
men already in the various races and
those who will very probable enter
the county campaign this year prom
ises to be lively and interesting from
begining to end. And it will not be
a hard matter to select good men
for all the positions.
As is always the case, there were a
good many of the prospective candi
dates on the streets of Newberry on
last Saturday. the day of the meeting
of the executive committee, and
some hard work was put in even at
an early stage of the game. They
were here from a good many sections
of the county,-the candidates,-and
they sought not to conceal their pur
pose to enter the campaign. and while
thev were all modest, there wvas none
who was too bashful. There was a
good c -owd in town on Saturday, too,
and the buzzing of the political bee
filled the air. And yesterday, too,
there were silent influenuces being
brought to brea.
Those Without Opposition.
It has been mentioned that there
are several of the present county
offcers who'will probably not be op
posed in their races for re-election,
Among these may be mentioned Clerk
also the present county chairman;
Auditor W. W. Cromer. and County
Treasurer John L. Epps. The repre
sentative of The Herald and News
has heard of no opposition against
any of these three gentlemen. tand
the general impression seems to be
that none of them will be opposed.
What will be developed in the general
political situation before the first pri
mary comes. however. it would not
be safe for any man to predict.
The Sheriffs Race.
Sheriff M. M. Buford states den
nitely that he will be in the race for
re-election. Mr. W. A. Hill will
likely be in the race also. In fact. he!
has been urged- to go into the race
and has about decided to do so.
.. ....The Supervisor's. Race.
County Supervisor John M. Schum
pert will not seek re-election. He
savs there is too much work and not
enough money in the office. Mr. J.
Monroe Wicker has definitely decided
to go into this race. as has also Mr
G. Sam Moore. Mr. \W. H. Wendt is
seriously considering the matter. hut
has not yet definitely determined to
enter the race. Mr. J. Y. Floyd will
also be in the race .as will probably
Mr. Benjamin Halfacre.
Superintendent of Education.
County Superintendent of Educa
tion Eugene S. Werts will seek re
election. No definite opposition has
developed to Mr. Werts. though sev
eral names have been mentiond.
Master H. H. Rikard will be in the
race for re-election. Mr. W. D. Har
dy has' been mentioned in connection
with this race, and it is said that Mr.
J. W. D. Johnson will very -robably
Mr. F. Marion Lindsay -has an
nounced himself a candidate for re
election. He will likely be opposed
by Mr. J. N. Bass.
The Senatorial Race.
Hon. Cole. L. Blease has announced
himself a candidate for the state sen
ate. The present state senator is the
Hon. George S. Mower.
For the Legislature.
There are going to be a number of
candidates for the house of represent
atives. Mr. Arthur Kibler has not as
vet stated whether he will be in the
race for reelection. It is probable that
Capt. John F. Banks will not seek re
election. The other member of the
house at present. Mr. F. H. Aull. has
announced himself a candidate for re
.lr. XV. H. Sanders will be in the
race and so definitely statd to a re
presentative of the Herald and News.
Mayor John W. Earhardt has been
mentioned in this connection, and
when seen said that he had not yet
decided whether he would enter. It is
probable that Mr. Earhardt will run.
Mr. F. W. Higgins is seriously
thinking of running for the legisla
ture. though he may decide to enter
the race for superintendent of educa
Dr. R. C. Carlisle has been men
tioned for the legislature. Mr. F. H.
Dominick has also been mentioned in
this connection. Mr. Dominick has
not yet definitely announced a decis
ion in the matter.
Hon. Thos. S. Sease. the solicitor
of this circuit. will be opposed by
Representative Cooper. of Laurens,
who is already actively in the field.
These are not all the candidates. In
fact, this is but a general survey of
the political field as it appears at
present. There will withoiut doubt be
others. When they come they will
be her.rd from. The probate judge
holds over for two more years.
New Departure in Hardware.
The Newberry Hardware Company
is advertising a new departure in the
line of kitchen utensils, an automatic
bread raiser. Spring is in the air, and
anything that will 1.essen the domes
tic labor will be gladly welcomed by
EASTER SUNDAY IN
MOST IMPORTANT FATIVAL
IN THE CHURCH.
A Day of High and Holy Privilege in
sage of Pastors.%
Easter, the most important festival
in the church and commorative bf the
most important event in the history
of the world, was observed on Sun
day. In several of the Newberry
churches there were special services
and very beautiful decorations.
Easter day dawned in Newberry
cool and cloudy, with every appear
ance of gloomy weather in store. By
the time for the services in the various
churches the wind had risen, and ever
and anon in fitful gusts it would swirl
around the Easter dresses, sprinkling
them with fine dust, and blowing into
fantastic shapes new Easter bonnets.
During the morning the day lacked
much of being a typical and Easter
day. Nevertheless. the city churches
were crowded and large congrega- *
tions heard eloquent Easter messages
from the pastors.
During the early afternoon the
clouds rolled away and there came
such a gloriius afternoon as comes
only in the southland with a beautiful
spring-tide. The warm sun bathed
the earth in a beauty which told elo
quently of the greatness and the good
ness and the glory and the grandeur
of God, whose Son was risen. For
the spring-time flowers were waked
from sleep and were welcomed by the
birds with a song arid the verdant
foliage of the trees took on a richer
hue, and a deep peace brooded over
Eloquently as men, imbued with di
vine inspiration, may tell the beautiful
and saving Easter message, far more
eloquent is the spring-time, message
of nature, for the message is a mes
sage of life. and at this season of the
year the whole southland is typical of
the Resurrection. It is an imperfect
object lesson. it is true. for the sacri
ice of the Son of God was a perfect
sacrifice. and he conquered death and
lives and reigns forever; while the
tiowers will be shorn of their blooms
by the ch :?ng blasts of another win
ter. and the songs of the birds will
cease until another spring-time, be
cause those which have not sought
warmer climes will receive no inspira
tion from barren trees and fields.
But imperfect as the lesson may be, it
is a message which may be under
[stood alike by the learned and the 'un
learned.-a voice, "giving the sublime
testimony of the universe to itm crea
tor." which, had men no faith in' the
risen Son of God, would of necessity'
lead them to invent a livin'g force
which could be nothing less than
Late in the afternoon there was a
sudden change in the weather and by
night it was decidedly-cold,and .yester
day morning overcoats and wraps
were in evidence.
At the Lutheran Church of'the Re
deemer special Easter services were
held Sunday morning and afternoon.
The church was beautifully decorated
with palms and ferns and Easter lIl
lies, tastily arranged in the chancel
and on the pulpit platform, and pro
ducing a v-ery lovely effect. A spec
ial Easter message was brought by
the pastor, the Rev. W. L. Seabrook,
who spoke of the great meaning to
mankind of the event commemmo
rated by the day, of the progress of
Christianity through dark *days and
gloomy, and of the fact that this pro
gress could have been accomplished
by none but a - living Christ. His
sermon was very eloquent and appro
pr:tc. Fifteen young people were
united with the church and the sacra
ment of the Lord's Supper was admin
istered to a large congregation. A
special service of song was rendered
by the choir. In the afternoon there
(Continued on Fifth Page.).