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VO0L. X L. NOK . 8 9. NEWBERRY. S. C.. FRII)AY AUGUSTl 26. 1904 TWICE A WEEK- 150AYA
THE HEARING BEFORE
CHIEF JUSTICE POPE
IN THE CASE OF BUTLER
Hearing on Application For Bail
Continued Until Wednesday
Showing of Holt's Counsel.
The hearing on application for bail
for Butler Holt, held in connection
with the murder of Maud Allen in
Columbia on the 1ith of this month,
was held before Chief Justice Y. J.
Pope in the court house here yester
day afternoon. After hearing the af
fidavits of Holt's attorneys, including
an affidavit from Lula Holt, the wo
man Holt married in Newberry some
time ago, and who was srpposed to
be the woman murdered in Colum
bia, to the effect that she was at
her father's home at Bath, and other
affidavits setting up an alibi for Holt,
the chief justice passed an order con
tinuing the hearing until next Wed
nesdty afternoon at 4 o'clock. The
continuation was granted by Chief
justice Pope, on motion of Attorney
General U. X. Gunter, who was pres
ent on behalf of the state, Holt's
council conceding to the attorney
general an opportunity to reply to
the affidavits submitted. The point
that the attorney general did not have
sufficient notice of the hearing was
argued at some length by the attor
ney general and Mr. Blease, Holt be
ng represented by Messrs. F. H.
Dominick and Cole. L. Blease, but
this point was overruled by the chief
There was a large crowd of in
terested spectators in the court
The first affidavit submitted was
that of Butler Holt, who alleged that
he was twenty-five years of age, and
that during the latter part of the year
1903 he married Lula Allen, the
daughter of Richard Allen. in the
city of Newberry. That during the
month of January of this year he
left Newberry and went to work on
the farm of Bud Berry and worked
there continuously until about Au
gust first, when he returned to New
berry, where he has since resided
with his parents. That on the iith
of August he was in Newberry in
company wth T. S. Coleman, Pope
L. Havird and others and that he
was in Havird Bros.' store and made
purchases therein several ti .:es dur
ing the day. Tha.t he fed Coleman's
*mules at dinner and helped him to
hitch up late in the afternoon. That
a short time after ,he met John Gru
ber and helped him unload his wagon
on condition that Gruber let Holt
ride to the home of Press George,
some six or seven miles from New
berry. That Gruber bought provi
sion from C. L. Pitts' store here, and
that he and Holt left the city when
the sun was about an hour high. That
deponent rod~e with Gruber for about
five miles when he left him and walk
ed on to the house of Press George,
about a mile further, where he spent
the night and until the following Sat
. urday morning. Holt alleged that
he had never been.in Columbia but
once in his life and that trip was
made on an excursion last summer.
That his wife, Lula Allen, left New
berry on the Friday following their
marriage, which occurred on the Sun
day before, and that he saw her next
day at Prosperity and has not seen
her since. That he never saw Ber
'vtha Medlir until confronted with her
in the county jail at Newberry.
Mrs. Rebe.cca Paysinger's affidavit
was to the effect that on August II
she was in Havird Bros.' store and
saw a young man who was, as she
has since been informed. Butler
J. S. Coleman alleged in an affi
avit that he was with Holt in New
berry the. greater part of the day on
August iI and until he left for home
about 4 o'clock in the afternoon. He ]
was here selling cotton. This was
corroborated in an affidavit from Mr.
0. McR. Holmes. to whom the cot
ton was sold.
An affidavit from John Gruber cor
roborated Holt in Holt's statement
as to helping Gruber to unload wood
on August IT. and riding with him
out of the city to the point named
An affidavit was presented from
Brooks George and Lee George, al
leging that Holt spent the night of
August IT with their father, Press
George, and remained there until the
following Saturday morning.
Pope L. Havird alleged that he saw
Butler Holt in his store on August
II and that he saw him. in Newberry
late in the afternoon of that day.
An affidavit from J. C. Fulmer was
presented to the same effect.
P. B. Yarborough alleged that he
saw Butler Holt in Newberry on Au
gust TI and that he talked with him
on that date while Holt was watering
T. S. Coleman's mules, at about fif
teen minutes to two o'clock.
An affidavit was presented from
Eddie Rogers allegeing that on Au
gust 20 he went to Columbia to view
the dead body of Maud Allen, which
he did, and that the body was not
that of Lula Allen, Holt's wife, whom
he knew, having boarded with Rich
ard Allen's family both in Newberry
and at Bath.
Lula Allen's Affidavit.
Following is the affidavit presented
from Lula Allen, the wife of Butler
Holt. who was supposed to be the
"Personally come before me, the
undersigned, who being duly sworn
says that she married Butler Holt
during the latter part of the year
1903 and that she. is now in the town
of Bath, Aiken county, in the state
of South Carolina, with her father,
Richard Allen, having arrived last
night on an excursion train from Co- ]
Sworn before Notary Public A. H.
An affidavit from Richard Allen,1i
the father of Lula Allen, alleged that
his d,aughter is now with him at
Bath and that the body of Maud Al
len in Columbia is not that of Lula
Allen. his daughter.
An endorsement on this affidavit
from A. H. McCarrel,. notary Public,
says that Lula Allen came to Bath
at 4 a, m. on August 23 on an excur
sion from Columbia, taking advan
tage of:therchance tocome. to- see1
her parentsgton relieve them. from
anxiety. He had seen her in person.
RUSSIAN BOATS SUNK.
Two Torpedo Boat Destroyers
London, August 25.--A dispatch
from Tokio reports that two torpedo
boat destroyers, the names of which
are not known, while cruising about
the entrance to Port Arthur harbor,
struck submarine mines.
The larger one of the two destroy
ers was sunk.
The number of the crew lost is
London, August 25.-A later re
port from Tokio says that both de
stroyers, which were Russian, were
Plenty of Them.
Herr von Damm has been selected
as a special CGerman envoy to discuss
the matter with President Castro.
There will be more than von Damm
involved in the dispute.
Ga$ Addick$ $ay$ the democrat$
are going to try to buy the $tate of
Dalaware: and Ga$ ought to know
by thiS time wvhether it'$ for $ale or~
THE CZAR'S HEIR.
Baptized With Elborate Ceremony
on Wednesday-The Cxar's
St. Petersburg. August 24.-With
>omp and ceremony the Czarevitch,
ieir to the Russian throne, was bap
:ized in the palace church, in Peter
The assemblage of diplomats and
)thers who witnessed the ceremony
vas a most brilliant one.
After the ceremony the manifesto
yf the Czar on the birth of his son
vas published. It grants many privi
eges to his people, tnd attempts to
:onciliate the people of Finland.
St. Petersburg, Aug. 24.-Emperor
Nicholas' manifesto on the birth of
mn heir to the throne, the text of
.vhch is published today, abolishes
:orporal punishment among the ru
-al classes and for first offenses
tmong the sea and land forces; remits
irrears owing to the state for the
)urchase of land and other direct im
)osts; sets apart $i,5oo,ooo from the
,tate funds for the purpose of form
ng an inalienable fund for the bene
it of landless people of Finland;
,rants amnesty to those Finlanders
who have emigrated without authori
:ations; remits the fines imposed on
:he rural and urban communes of
Finland which refused to submit to
niltary conscription in 1902 and 1903
Lnd also remits the fines imposed up
)n the Jewish communes in the cases
)f Jews avoiding military service.
The manifesto provides for a gen
tral reduction in sentences for com
non law offenses while a general am
ieity is accorded in the case of all
)olitical prisoners with the exception
>f those in which murder has been
TRAGEDY AT SUMTER.
Van Klled In a Difficulty With the
Sumter. August 25.-Richard C.
Folk was shot and killed
n a difficulty with County Supervi
or W. H. Seale, at Providence.
Folk drew his pistol on Sale, and
;eale attempted to disarm him. In
he struggle which ensued the pistol
vas discharged, the ball grazing Su
>ervisor Seale's coat and lodging in
Supervisor Seale was unarmed.
The difficulty occurred on the pub
ic road in front of .Supervio Seale's
The only witnesses to thie tragedy
were Seale's son and Folk's brother.
in Interesting Story Comes From
Judge Parker's Home.
Esopus. N. Y., August 25.-Rose
nount heard today what purports to
>e a well-substantied story of Elihu
loot's final declination of the repub
ican gubernatorial nomination in
few York. According to the story
President Roosevelt urged upon For
ner Secretary of War Root to ac
:ept the nomination. Mr. Root. ac-I
:ording to the story, offered to do so
>n condition that Mr. Roosevelt guar
mtee to leave the field open to him
~qualiy with others for the presiden
ial nomination in 1908.
This President Roosevelt refused
o do. whereupon Mr. Root declined
o accept the gubernatorial nomina
ion of New York.
You must pay
That little bet.
NO ORATORICAL CAMPAIGN.
No Certainty About Parker Making M
Any Speeches During Campaign.
Esopus. N. Y.. August 24.-It was
made plain at Rosemount that there M
is no certainty of Judge Parker mak- hi:
ing any speeches in the west in con- nC
nection with his St. Louis trip or at ati
any other time or place. The prin- in
ciple on which Judge Parker will act op
in the matter was learned from an in- pc
timate associate of the judge, who ro
"Judge Parker has no faith in the pr
utility of speechmaking for its cwn he
sake. and will make no speeches atiy- inm
where for the mere purpose of ap
pearing in any given locality. He be- ca
lieves a stumping tour by a presiden- of
tial candidate to be improper and he m:
will undertake no such tour. The on- tiE
ly condition upon which he will make te:
any speeches anywhere will be the I m
fact that he has something definite to th
say and that he is convinced by his tu
own reason that some given time and Ii
place best suits the saying of it there se
and the. You may say with the ut
most confidence that under no con- th
ditions will Judge Parker make any
speech anywhere." th
-- - dc
TRIED TO FLOOD TOWN.
Atttempt To Blow Up Gates Of
Reservoir at St. Mary's. th
St. Mary's. 0.. August 24.-An at- ir
tempt was made yesterday by an un- in
known person to blow up the gates
at the head of St. Mary's reservoir dc
with dynamite. Fortunately the dc
charge of dynamite was not sufficient- sh
ly large to destroy the masonry or lo
to displace the heavy gates. B
There has been much ill feeling B
amo-ng the people living in the vicini
ty of *the reservoir, owing to the'
widespread belief that the banks of th
the big body of water gre. not safe, ha
notwthstanding that the state has i
spent large sums of money during the tr
past year in strengthening the earth
works. Had the object of the mis- B
creant been attained the town of St. th
Mary's and the adjacenc valley would in
have been swept by a most destruc- .
tive flood causing enormous loss of in
life and property.
Died at Home in Charleston After
Long and Painful Illness.
-:harlesten,.. Augtst 25.-Carlyle.
-McKiney..oe.eeditorial staff of. The bc
News and Courier, died ac his home de
Tuesday night after a long and pain-- m;
Mr. McKinley's long career as a idi
newspaper and literary man had made h
him widely known, not only in South de
Carolina, but throughout the country
and wherever he was known he was er
Mr. McKinley was a son of Charles s
G. McKinley and Frances C. Jackson, ex
of Athens. Ga.. He was born No- Li
vember 2a, 1847, at Newnan. Georgia. ra
Mr. McKinley's father was a pro- re
fesor in Franklin college. Ga., Mr. th
McKinley was taught by private in
sructors, and graduated at the Theo
logical Seminary, in Columbia. In th
r876 he was married to Elizabeth. the f
daughter of Campbell R. Boyce, of Go
He taught in the male academy in th
Columbia from 1874 to 1875 and was i
the Columbia correspondent of the t
News and Courier from 1S75 to 1879. _
In 1879 he was sent to Washington ab
as the Washington correspondent of ab
the News and Courier, which position
he nilled from 1879 to 1881. At the V
time of his death he was on the edi- w
torial staff of the paper to whose ser- w
vice he had given the best years of th'
a brilliant life. . 5
Aside from his newspaper work a:
ir~ Mcinley wa an nahor of signal Is
an Near Brunson Accidentally
Killed His Wife.
Brunson. Aug. 24.-Near here on
onday morning at about 4 o'clock
r. J. B. Bennett shot and killed
; wife. He was awakened by a
ise he supposed to be rats in the
:ic and looking toward a window
their bed room which was left
en he saw some one whom he sup
sed was making an entrance in-to his
om. Having a pistol under his pil
v he got it and fired. The person
oved to be his wife. He had 'shot
r through the heart and she died
About 1895 Mr. Bennett was impli
ted in the killing of Mr. Leitzsey,
Varnville, and was found guilty of
.rder and sentenced to the peniten
ry for life time, but during the lat
r part of Gov. McSweeney's ad
nistration he was pardoned upon
e condition that he would never re
rn to the state. His wife has been
ing near here this year and it
ems that Bennett has made fre
ent visits to see her and some of
em were quite prolonged.
Columbia, August 24.-As stated in
e above dispatch Bennett was par
ned by Governor McSweeney in
03 upon condition that he remain
tside of the state. Since his par
mn Bennett has written time and
ain to Governor Heyward asking
at he remove the condition under
iich the pardon was granted and
iploring him to allow him to live
his native state. Governor Hey
ird declined to have anything to
with the case. When the gov
nor read of the killing, he sent the
eriff of Hampton county the fol
wing telegram: "Arrest ' Ben'
!nnett. convicted of murder and
ntenced to penitentiary for life.
Lrdoned January 16, 1903, by Gov
nor McSweeney upon condition
at he leave the state; said condition
ving been broken, to await peniten
ry authorities. Advise me of a'
5t. D. C. Heyward. Governor."
If the sheriff of Hampton gets
onett he will be brought here to
e penitentiary to serve the remain
g portion of his life sentence, hav
g violated his part of the contract
der which he was pardoned.
atement Issued by Purchasers of
Williams and Middendorf
New.. York ,ugust 23.-Th1e S
ard Air Line is to be operated in
pendently according to a statement
ide by Thomas F; Ryan. who, with
airs & Co., and T. Jefferson Cool
~e, Jr.. purchased the 140,000 shares
Id by Messrs. Williams and Mid
ndorf. Mr. Ryan said:
'The Seaboard Air Line will be op
ited independently of the other
iway systems in the south. The
ggestion that has been variously
pressed that the Atlantic Coast
ne or the Southern or any other
Iroad interest is directly or indi
:tly interested in the purchase of
SSeaboard or that the managers ol
mners of such properties will in any
L influence the management of the
SSeaboard is without the slightest
in dat ion."
in view of the amount of whipping
e Russian peasants are receiving
Manchuria, the czar has abolished
e lash in Russia.
ility, to which ability several not
Ie works attest.
Mr. Carlyle's warm and genial dis
>ition had gained for him many
irm p)ersonlal friends among those
ith whom he had come in contact
roughout the country, and his death
sincerely mourned in Charleston,
throughout the state and other
etins of -the country.