Newspaper Page Text
C: .Ibreath rr ~rit.A= every
other member -i this bar loved him.
I love( him--we al Ioved him, and I
think I can say. after an intimate ac
quaintance with him for nearly twenty
years, that he loved every member of
this bar. He felt that they were his
friends. He was theirs. Just one
year ago. Your Honor. Judge Gage
was kept at hom, by sickness and
could not meet his appointment to
hold this court. A meeting of the l-ar
was held, at which Mr. Culbreath was
not present. and he was unanimous.ly
recommended to the chief justice as a
suitable person to preside at :he July
term of this court. That touched him
as nothing else had seemed to touch
him. While he always had the great
est respect for the members of the
bench and the greatest respect f.r the
office. it never entered his mind to
seek preferment in that line. but
the fact that his brethern of the bar.
'without any notice to him, with(,ut
any consulta:ion with him whatever,
had unanimously recommended him
to try their cases-this he felt keenly.
and he expressed himself to me, may
it please Your Honor, as having felt
that this was the greatest honor ever
conferred upon him in his life, and as
he spoke to me about the member of
the bar who suggested his name, he
said: "He little knows the gratifica
tion that he has given me by sugges
ting me for this position." May it
please Your Honor, at that time Mr.
Culbreath was feeling the desolation
of a man who was bereft of his com
panion. His .heart was sore. He was
desolate, and when that mark of es
teem came to him from his brethern,
it just opened the flood tide of his
heart, and he loved them and loved
"Other members of the bar have al
luded 'to his great heartedness. to his
ability as a lawyer. and to his pains
taking efforts in his cases, but I wish
to speak cf him more particularly as
a man of heart, as well as of head.
James Y. Culbreath. so far as I know,
hated no man. So far as I know, he
had no malice in his heart against any
mortal, and, so far as I know, and I
knew him intimately, he had nothing
but love in his heart for his fellow
man, and whenever occasion offered
it was a pleasure to him to render
assistance to his fellow-man. I think
he would go farther to do a kindness
than any other man I have ever
known. And whenever it was necess
ary for him to criticise he criticised
in charity, and s''ught some exc:tse
for the conduct that 'he was frcedi to
criticise. He never a':ributed bad mo
tives to' aux' ma:2. He alv y l'oked
Cu't for anu exCe fr ' "''~mnI d'ing
nyh: -a:;~: " id't r-:gar: up to
andl best integzrity.
"'I wish I coul:d ,ay nm.'re. bnt: my
herat is too full for utterance. I
>new him as intimately. pern aps. as
any' menbur ci our bar. I we- browvn
with him. perhaps. :n his la:er years
more closely tha any other member
of the bar, and I think I can say, and
say it truthfully, that he was one of
the salt oi the earth; he was one of
the best men that ever blessed New
berry by his preserice."
Mr. L. W. Jones.
Mr. L. WN. Jones then secocded the
r esol utio ns.
"It is a pleasure to me." :e said.
"to say that I heartily second the res
olutions. both on account of my
friendship for Mr. Culbreath. and his
for me; and on acenunt of :he great
respect that I had for him as a man.
a lawyer and a citizen. -I heartily
second these res'lti:ons. and I con
cur in the estimate of 2:is :orth pre
sented by the o:hecr members 'f th
bar. in :he views which they have
expressed of his cha'rac:er and4 f his
position i flie 1 agree w.~i them ex
act!v'. I v:a nt t 'ron wi'.:A hm so
much i:: buin* But I tialwas Ii
th.at ae was nn rd. and I e' *ld ap
pre;ach him n' arnything, as a man or
Mr. J. B. Hunter.
"I can ::ear:i!v. end ',e all t at has
been said in reference to Mr. Cul
breath. I ornly kne~w him : irimately
for a few years. hat I don't tink I
could pay' any :igher trib!>'e to imI
than to say a:'t hint, :hat yon never
heard a :awy~er say he was unfair. that
he ever :r!ed to take any technical po
sitoin, cr any other position he had
then criticise ther lawyers. but yo
could ask any member of the bar wh
ever had any business with Mr. Cul
breath. and he would always speak i
the highest tcrms of him. And I ca
further say of him, that to the your
lawyers at the bar his death is cet
tainly a loss. Whenever they had an
question, more especially as to th
limitations of esta:e or constructio
of wills, that they were in dout
about, all they had to d , was t( g
and consult Mr. Culbreath, and h
was ever ready and willing to hel
them out of their difficulty, and some
times would spend hours helpin:
them hunt up cases and authoritie!
He has helped me a number of time
in my few years' practice here at ch
bar with him.
"I can most heartily endorse th
resolutions, and I wish I had the poxi
er to express my feelings on this oc
ca-ion, and t. say how much ne h
m;;isse(I im th: co -mim unnyI
Maj. R. H. Welch.
dai. R. II. Welch. now of Colum
bia, who was in Newberr"" t Wed
nesday. spoke as follows:
It is certainly a great pleasure t
me to be able on this occasion to ad
my tribute to the very eloquent, an
at the same time, most true word
of my fellow-members of the ba:
Mr. Culbreath occupied in this count
and at this bar a very unique positior
He was the confidante, I think, c
every single member of this ba
That is saying what I think you coul
say truly of but few men of the ba
of this state. He was the one singl
soul to whom any member of the ba
could go, in absolute confidence, wit
every secret, and I think my brether
of the bar will join me in the state
ment that none of us feared to true
Jim Culbreath, as we called hin
with every single part of any cas<
without. fear of opposing counsel i
any way having an inkling of tha
which we had given to Mr. Culbreat
"Mr. Culbreath had another qual
ity which was the equal of this. M
Culbreath was a man who, I believ<
had in his breast not the slightes
bit of professional jealously. I don
mean that mean sentiment that hate
the success of other lawyers. but
mean that sentiment that professiona
men sometimes have, that when you
bruther is succeeding too fast he i
eclipsing you somewhat. that senti
ment that more or less possesses liu
man kind, common to us all-not th
icein that wishes ano:her man har'
but the iceling you can't deseribe thia
'im C"' hreat> :ever '5ssessed :ba
-ce'e n him o-n :e - te ti a:ter' att' r
n1ev- had wo'n and other- had losi
e *'i* ngra*aing th Ones who had w'~oi
and clngratulating t:he ones who h'a'
10': the first npon their success, am'
the~ thers upc.n the good fight the:
had ma<e. From the standpoint
:he lack of p)rofenional jealously h,
"Then, as a man. He was a mai
of the people, and distinctly so. T(
see that man in his old county of Sa
luda among thcse boys of his earl:
days. was really tc see Mr. Culbreath'
heart, and what they' thought of him
This w~as his adopted county. He w~a:
loved and respe.c:ed as much in hi:
adlIpted county as he wav loved an<
respeccted in is native county, and n<
man could be loved and respcte<
mo re than he was lov'ed and respecte<
nhil at ire e-~ vnty. Saluda. Mt
C !(eat wVas a- ma::CIC oflen:Sn2
always" !ooking on the bright side 0
lie.Mr Cnibreath -.vas an pih
Chris: an gemtlema1. C.ould mnore b
J udge Jas. C. Klugh.
n t:hcs as: anmn:asewlee
met it. heipese hoewt
whom he ame - in:con:tct. almo:i
from thefirste mexeti wi hsn
ce it, d wiptesedn ofs wut::s
u say or do was being done in all sm
s cerity. It was my good fortune mcre
- than once to hear him in argument
; upon questions in that special line of
a jurisprudence chat has been referred
to as being his special forte, and he
- impressed me. as he did other mem
bers of the profession, with his ability
e in that line especially, and he impress
ed me, as much as any member oi
t the bar I have ever come in contact
with, with his sincerity in the argu
e ments he made. He was eager, eager
p ! to have the court take the view of th
- case that he had, but it seemed to me
that he was more anxious that the
court should arrive at a correct con
s clusion than that it should agree with
e the view that he held. So that, as fen
men do, it seems to me that he rich
ly deserves all that has beer said of
- him this morning, and as much a,
- any man could find language to ex
5 press in his favor. I think chat in his
death we may all well consider that
each of us has lost a friend, and one
- who would gladly at any time con
- tribute whatever he could of his ef
forts, his knowledge and his ability
to aid in arriving at the truth in ref
erence to matters, especially matters
coming within the line of his pro.
fession. and he was a man who
. whether in legal matters or any oth
er matter; could be thoroughl3
relied upon. So it gives the cour1
melancholy pleasure to .:ntertain the
r motion and to order that the motior
J be granted, and that these resolutions
r be spread upon the minutes of the
e court, and a copy of them forwardec
r to his family. And as a further marl
of respect to the deceased, it is nom
ordered that the court stand ad.
journed sine die.
The only news of consequence fron
a the seat of war during the past weel<
t was the report from St. Petersburg tc
the effect that the Japanese have cap
'cured Sakhalin island, landing troops
- under guard of battleships and taking
possession. Military circles in St. Pe.
tersburg are said to be startled by the
t news, although they were aware of the
t fact that since Rojestvensky's fleet
s was out of the way, there was nothing
I to prevent the Japanese from landing
1 whenever they got ready. The news
r from Manchuria shows nothing of
s consequence as having occurred there.
- President Roosevelt has taken steps
- to have the belligerents sign an armis
Stice, but so far has not been suiccess
.ful. It seems. h'ow.ever. that this makes
thut !i: tle difference. as there is noi
.L muh 'iclinationl on the r>art of the
*1 foce i Manchuria tin d1o any heavy
- Sghing.t may be. aowever. that
-Oyama will endeavor to cut off Vladi.
. bo~k y taking a po sition *:n :he
ira between the pa rt and Harbin.
Th in:a:ion in the PJack Sea has
tmproved. the mutinous crew of the
Kniiaz Po'temnkine surrendering to
The peace plenipotentiaries are now
en route to WVashig"ton and it is like
ly that they will begin their sessions
between the tst and roth of August.
They will in all probability be most
delibera:e in their conferences. and
may be in session for months before
a conclusion is nnhally reached.
Two congressmen. di1scu1ssing the
discomforts of travel, happened off cn
to the subject of seasickness. One of
"Talk abou; easick:ess; the fellow
that taveled! w.ith me on my last Eu:
ropean trip beat anything I ever met
ivnll I cried out. 'Can't you ?keep
ar:y:hingon you'r stomach?'
Why ath'er H?ealy Was Glad.
TheA. pries't waL- onlce v3,it1ing a
Srnvminn no.uvetau riche nei..ghbor.
Wh . t4o hi nm to~ see his go,rgeous and
eldom' used library.
'There." aid :he vutlgarian. po7init
ngr to a ;aMea. cov'ere'd with books
"are my best friends."
"Ah," replied Healy, with a quick
sidelong glance at the virginal leaves,
He Was Attached To It.
Gilbert had been "exposed" to scar
latina. and, as he seemed listless and
feverish, his mother sent for the fam
"Now, my little man." the doctor
said pleasantly when he had felt Gil
bert's pulse, "let me see your tongue." t<
Gilbert put out the tip of his tongue. p
"No. no." said the doctor; "put it d
right out-clear out." el
Gilbert shook his head feebly, and
tears gathered in his eyes. ti
I can't get it clear way out, doc
tor. It's fastened on to me!"
Daniel Was "Helping Zeke."
The anecdote, "Webster and His
Brother," in a recent Sunday Herald,
suggests another on the same subject
that I heard, many years ago, related
by a relative of Mr. Webster who had
spent her youth in Concord. N. H.
The father of Ezekiel and Daniel.
dissatistied with the performance of E
some task assigned to the boys, called
them to account. With much difficul
tv he elicited from Ezekiel the ad
mission that he had been idle and lazy,
and chiefly employed in "holding
"And what, sir," said the stern par- "
ent, turning to Daniel, "have you been
"Helpin' Zeke," was the prompt re
One Of His Liabilities.
During a recent financial panic a
certain city magnate, like many
others, found one night that his real
estate was unsalable, his firm bank
rupt and his money locked up in a
suspended bank. In deepest despond
ency he walked slowly home and i
greeted the companion of his joys
"Mary," he said, "I'm ruined. So's
the bank. So's the firm. I've lost my
money and my house and everything
"No, no, John," cried the loving
wife, as she cast herself upon his
breast, "not everything; you haven't
"That's so, Mary," replied the un
feeling brute, "that's so; I never sup
posed that'any of the liabilities would
Season Tickets Via. C., N. & L.
The Colum.bia, Newberry and Laur
ens railroad offers Season Tickets to
the following points, limited until
Octo'ber 31st, 1905:
Asheville, N. C. $7.05
Flat Rook 6.30
Hot Springs S.oo
Murphy I1-30 .
Saluda 6.oo f
Swannanot 7.35 .
Lake Waccamaw 9.30
Carolina Beach 11.55
Isle of Palms 7.90
Sullivans Island 7.90
Cross Hill '.95
Glenn Springs 4.45
Parties wishing to purchase tickets.
points beyond Spartanburg will.
lease notify me before the trains are
ue, that I may arrange to have tick
ts ready on their arrival.
For schedules or further informa
on phone or write,
J. W. Denning, Agent.
Dr. R. M. Kennedy,
Newberry, - - S. C.
OVER NATIONAL BANK.
3est Mineral As
C. H. CANNON,
Near G., N. & L. Depot
2 car loads of
1 car load of
ind a lot of up
:o-date and first
All to be had at
REASONABLE PRICES at
A T. BROWN.