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4TAIKEN 806RV64. ondemnation of Toabert ,--FAxplains the Etelnt 'ient of a NOW Post r at Abbevile. ia Record prints the fol. Its Washington corres on, ec. 13.-Representa Aiken handed today to correspondent the follow nt relative to the Abbe fice: nt Washington correspond -he Record it is stated that Sut 41my coilstitutents in the campaIn last sumMer that I would Prely.keey any Tolbert o4t of the beville p9stmastership. I did not that, but promised to keep them, 'any nigger out, if I possibly could. .Senator Penrose had told Senator imer and myself just before con s adjourned the matter would be , until December; but he could lse any. more. Mr. tink's term as postmaster at eville dired last February, and asked me to keep him in until fall. stayed in until after December 1, d now hag a better position than htmaster at Abbeville. I fought Tolberts as best I could, and did for the sake of peace in the com unity. Everybody knows that this famous gang has been the fomenters ill feeling and trouble between the .aces ever since the war, and I was etermined, if possible, that none,of that ilk should be postmaster at Ab eville, but Cortelyou and Hitchcock Insisted upon appointing Thomas Tol bert, Jr. '.'There was no better postmaster in the United State than Robert S. Link, and he had- the unanimous en dorsement of everybody in the com munity, white and black alike, while Tolbert had no such endorsement, but was backed by a scalwag whom the administration calls their adviser.' SKETCH 'OF MR. YOUMANS. . Prepared During Last Summer's Cam ,paign by Mr. Jno. S. Rey- ' nolds. The following exellent sketch of the life work of Gen. LeRoy F. You mans was written by Mr. John S. Raynolds of the Columbia bar, who is an authority on the history of such eminent men and by long association and intiniate friendship with Mr. Youmans is fully qualified to speak of, his worth: LeRoy F. Youmans graduated from the South Carolina college in 1852, and was admitted to the bar in 1856. He entered the military service in the War of Secession as first lieutenant of. a company of mounted riflemen, from St. Luke's parish, of which John H. Sreven was captain. His service in the army continued to the close of the war, at which time he wvas a lien, tenant in Company F of the Third South Carolina cavalry. Though elect ed to a seat in the house of represen tatives in 1862 and in 1865, he never availed himself of the exemption from military servi'ee, which such election afforded. In 1866 he was appointed by Gov'. Orr to be solicitor of the southern cir cuit, was afterwards elected by the legislature, and held that office until displaced, in 1868, by the institution of the government organized under the Reconstruction acts of congress. In 1870 an effort was made, in the ''Union Reform movement,'' to drive out Scott and his party in control of the State government, by a concilia tory and ''compromise'' policy Judge R. B. Carpenter, a Republican, being the nominee for governor andt Gen. M. C. Butler that for lieutenant governor. A thorough canvass of the several counties was made, and Mr. Youmans did his share in stumping the State. - In 1872 Mr. Youmans located in Columbia for the practice of his pro. fession--having for some years pre vious had his office at Edgefield. In the campaign of 1876 -he took the stump for the Democratic ticket head ed by Wade Hampton it was found necessary .to go into the State sit preme court to protect the interests and enforce the rights of the lawfully elected governor and house of repres entatives Mr. Youmans was among the lawyers engaged to present the novel and difficult legal questions thus raised.- The contest resulted in the dicisions sustaining the legality of the "Wallace House,'' holdifig that Wade Hamnpton ws the lawful governor of South Carolina, and- deciding that D. H. Chamberlain, still clainting the office,. was without authority of any *sort. *In Deebr 87,o h resigna tion of James Connor, Mr. Youmans Was eleeted by the legislature to the offiee of attorney general. He was elected by a Vote, of the people In L878, and reelected in 1880-.having in each ease received the Democratic inmination, During his service as. at torney gener4l -matters of greatest importance to. The people. came be Core the courts for adjudicati6n. The bo.nded debt of the State, under the manipulations of -the Radical ring, was in confusion, and among the white people there was such differ snes as to what should be the policy )f the Democratio administration that there were fears of a serious division among those people. The legislaturei 3ommitted the question involved to, a ipenial coi t consisting of Judges A. P. Aldrich, Thomas Thomso.4 and J. H1. Hudson. In the conduct of the litigation Attorney General Youmans, assisted by eminent counsel, Henry A. Meetze and Y. J. Pope, the present ohief justie, appeared for the State, both in the ''bond court'" as above mentioned and in the supreme court. The decision of that tribunal of last resort, accepted by all parties, sus tained such important positions for which the attorney general contended, as to save one million and a half dol lars to the State. The floating debt of the State was likewise in a condition of uncertainty, much of it believed to be fraudulent and it was found neces sary to appoint a commissioner (the late J. C. Coit of Chesterfield) to ex amine, classify and audit the numer Ous and multifarious claims. The duty of advising the commissioner in the novel and sometimes perplexing ques tions thus arising was a part of those falling upon Attorney General You mans. In cases seeking to reverse in the supreme court, Commissioner Coit's decisions, judgments were ob tained making the settlement of the loating debt of the State impossible. In the matter of the bills of the Bank of the State of South Carolina, i very grave problem presented itself to the tax departments of the State zovernment. These bills--suchof them it least as were genuine and lawfully [in circulation-were receivable for State taxes. The amount outstanding. was approximately $1,300,000, and there were fears that the State tax >r a large part of it would lbe paid in tihem-thus leaving the State gov 3rnment without money enough to neet its current obligations. The leg islature passed an act requiring all taxes to be paid in certan specified runds, but~ allowing billholders to lender the bills, pay under protest, ind establish in court their genuine ress and lawfulness. Certain billhold )rs attacked this law, on the ground that it was in violation of the State and the federal constitutions. The Stats sup'reme court sustained the act. Dn appeal to the United States su preme court there were two hearings -in both of them the billholders were representod by Roscoe Conkling and Daniel H. Chamberlain. The justices >eing equally divided in opinion the lecision of the State supreme court stood affirmed and thus the State4 government was saved from the very ;ravest embarrassment. In all this itigation the State was represented y Attorney General Youmans. In the prosecution of those whou, at lifferent times in the period of neg 'o rule', had laid schemes to defr'aud the State, Mr. Youmans, both before aend after he became.attorney gener. ,was called to bear an active part. I'he chairman of the legislature joint aommittee having sworn out warrants, the State, at the preliminary exam inations, was represented by the cir cuit solicitor, assisted by Mr. You mans. Two of the etses-those against ax-Treasurer F. L. Cardozo and ex Senator Robert Smalls-went to the supreme court and in the hearings before that tribunal, the State was represented by Attorney General Youmans, with associate counsel. Among those whom the State desir ed to bring to justice was one Hiram Hf. imhpton, who, as ''financial agent,'' lead been closely associated with the Radical ring in their several schemes of robbery. Kimpton was duly indicted by the grand jury of Richland and a bench warrant was issued for his arrest. The governor of South Carolina issued his requisl tion upon the governor of Massachnr setts for the delivery of Kimpton to thec proper officer of this state. There was a full hearing of tIhe matter In Boston-Kimpton represented by eminent lawyers and Attorney Gener al Youmans appearing for South Carolina. Mr. Youmans' argument on theis occasion was very highly praised by the papers in Boston and also by the New York Nation. It was finally accided that Kimpton was not extra Litable for the offense with which he was charged. Defended Democrats. During thme campaign of 1.876, In consequmence of the race trouebles in Barnwell and Aiken, culminating in what lhas been known asq the ''Ellen ton riot,'/' a large number of reputa ble citizens of those counties were ar rested by federal officers, .o.1 the 3harge of having violated those aoti I >f cQngress which purported to pro 'eet the political rights of the, negro raco-generally called the enforce nent aots. Several of the parties 3harged were tried ii Charleston In 'he United States court, Chief JustieE Waite, Circuit Judge Bond and Dis- ] rict Judge Bryan presiding; the jury I railed to agree. The ease was hard t lought at every stage-important ie ;al and constitutional questions being t raised. Mr. Youmans was prominent imong the lawyers who gave their ;ervices to the accused in these cases. 1 Elis address to the jury in this Ellen ton caes was noted as one of the flearest, strongest and most finished representations ever heard in any -ourt house in South Carolina. It was )f this speech that F. W. Dawson, one f the most brilliant and 'po.werful vriters in the journalism of this.coun ry, wrote at that time: "The speech of Mr. Youmans for ioundness of reasoning, apt citation )f authority, withering sarcasm, hal ?y illustration literary finish and ear uest, fervid, overpowering eloquence, Ias seldom been equaled. In his PC rorationhe made themosteloquent ap peal to the jury that has ever been ieard in that court house. On the same day, R. B. Rhett, Jr., 3ditor of the rival Charleston paper, rhe Journal of Commerce, said of 'he same speech: "By many persons of experience present, it was said that Mr. You mans' speech was the finlest effort -hey had ever heard in a court room. kt the conclusion of his speech there 6vas that involuntary movement of he crowd which always follows the onclusion of strained attention, vhiclh testified mutely but eloquently .o the power which ie speaker exer !ised over them.'' While attoriiey general Mr. Yon nans was ordered by the governor of he State to appear in the federal ouit in defens"o of eertailn State elev ion lleiers, notably in the trial of 'ertain citizens ofI Riehland and Sum er. Mr. Yonmans' addreqss in the \eton and Mlayesville cases were not d as among the elearest, strongest id most finished representations lver heard in any court house in 3outh Carolina.- Of his spee-h in the \layesville case, April 182, the bril ililit. and accomplished Edward B. Nfurray, whose early death Letterb md Law in South Carolina will long ament, said in his paper, the Ander ;oil Intelligencer: ''For reasoning power, for thrilling eloquence, for -hasteness of style and composition, Cor irresistible force and crushing riticism, it deserves to rank along vith the best specimens of oratot-ical -ffort in either ancient or modern imes.'' United States Attorney. In 1885 Mr. Youmans was appoint ad by President Cleveland to be Unit ~d States attorney for tile district of south Carolina. From the close of he Civil war to the time of that ap >ointment tihe federal courts in South Jarolina, notwithstanding the high haracter and impartial administra ion of the district judge, the Hon. 3eorge S. Bryan, were somewhat in lisrepute--at the best they had not ;he conference of the white people, md were regarded as in some sense >f foreign jurisdiction in which those eople could not expect full justice. rhme positioni of tile district attorney, vhen Mr. Youmans was appointed, vas one of some delicacy-a part of lis task being to restore the federal sourts to their rightful position In .he eyes of the white people, to con ~orm to the standards followed by Fudge Bryan, and to co-operate with im in so administering all the feder ii laws that the courts of tihe United states in South Carolina, wvhile do ng .itnpartial justice, should again mommand the respect and cenjoy the ~onfidence of all the people. To this esp)onsible post, that of the head of he bar in the federal jurisdiction, as he attorney general is the head of the ar in the State, Mr. Youmans so rave the benefits of his experience, uis learning, and his standards of of 'icial duty, as at once to show that he] vas the right man in tile right p)lace. is career as United States attorney, ~reditable throughout, was ended by mis removal by President Harrison be ~ore the term was out. Mr. Youmans sat on the bench in >othl tile circuit and supreme couIrt, >y special appointment. In -those tations he so conducted himself as to ~ive entire satisfaction to lawyers nd litigants alike. On the resignation of Mr. Town-4 end, in 1905, Attorney General Gumn, I er tendered to Mr. Youmans tile post f assistant. Accepting the appoint- 1 nent, he entered actively upon hlis du- I ies--the lamentable disability of Mr.< Tnter necessitating the doing of all lie wiork b)y hlis assistant. Succeed ng Mr. Gunter, Mr. Youmans had( ine had nhnarge of the business of. he ofiee. During his tenure he rej *esented the State in cases involvin mportant public interests and gaw >pinions in many matters affecting ol icial action. .Among the importar !ases in which he recently represente he State was that involving the cor titution of the statute known as th 3rice law-resulting in a victory fe he State and for those who uphel liat law. Such, very concisely stated has bee he official career of the distinguishe ldvocate. In his own practice' Mi oumans had, both in the civil an he criminal courts, in the suprem ourt of the United States and of thi itate, as well as in the lower court )eeii actively engaged in cass of grev uterest and importance. In ever nstance he showed himself to be awyer worthy of a place in the ver 'ront rank of the profession whic ie pursued for half a century wit ionor to it and with credit to himsel: The Jamestown Exposition ground .ontain 400 acres of land and ha nore than two miles of water front, The grand piers, being built by th Jnited States government will eneloE water basin, containing forty acro >f Hampton Roads. $500,000,000 will be represented b adius of 12 hours ride from tb icipate in the naval pageantry. 20,000,000 people live within -adius of 12 hours ride from the t ,rounds of the Jamestown Expositioi 350,000 square feet of exhibit spac n each of 'the palaces that are I iouse the industrial display. 25 of the states of the union will I .epresented by individual building nost of the others will have exhibil ii the States Exhibit palace. 360 square miles of sheltered ai ,horage in the waters of Hampte Roads. So inany mncii fool away so mie -aluable time doing things in Whic there is neither point nor profit. S. B. JONES RESTAURANT IS THE PLACE TO GET Good Things to Ea XN SHORT NOTICE AND AT MODERATE PRIOEI Dysters on Half Shel. Oysters an Style.. Fish, Game, Stoak, in fai Bverything that the market afford Patronage of Ladies Solicited. 3pposite Newberry Hotel Offlee an Next Door to Pool Room. LOOK FOR THE SIGN S. B. JONES R ESTAURANT IALE OF PERSONAL PROPERT1 I will sell either at my residence < n the towvn of Prosperity, S. C., o rhursday December 27, 1906, betwee he hours of 10 and 3 o'clock the fo owing property to wit: Two wagons, two buggies, plo tocks, disc and iron tooth harrow ~arming implements, cider mill, cor heller, feed cutter, corn, fodde huchs, one horse, one mule and oth< irticles. Will sell any of this pr< >erty at private sale before abo; late. Terms made known on day of sale, Hl. S. Boozer. WOTICE OF ANNUAL MEETIN1 OF COUNTY.BOARD COMMIS SIONERS. Notice is hereby given that the at mnal meeting of the County B3oardc iTommissioners will lie held on U1 'irst Thursday after the first Monda ni January, 1907. All persons holding demand tgainst the County of any kind, n< ireviously presented to the Boar< ire required to file the same with th 31erk on or before the first day c ranuary, 1907, so that they may b xamnined and ordered to be paid a he annual meeting. Fred. H. Dominick, Clerk and Attorney. NOTICE'OF SALE. Notice is hereby given that I wI ell at the late residence 'of Henr alhman, deceased, at public auctio o the highest bidder, for cash, o ednesday, the 12th day of Deca ecr, 1906, at eleven o'clock A. M., al lie personal property of the said d< eas.edj consisting of farming impk( nents, mules, stock, farm produce, et< N. Childs, Executor of Last Will and Tests nent of Henry Ga1man. decased. STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRRY. COURT O4 COMMON PLEAS. Henry H. Hendrix, R. Alma Hen.1 drix, E. C. Bearden, Plaintiffs, vs. Bertha Lee Hendrix, James It Hendrix, Lida E. Hendrix and Lilly Bell Hendrix, Defendants. Complaint for Partition. By order of the court herein, I will sell before the court house at New berry South Carolina, on salesday in January, 1907, the 7th day of Janu ary, to the highest bidder all that tract or plantation of land containing two hundred and thirty-five acres, more or less bounded by lands of Henry D. Boozer, Clayton Boozer, John Clary, John R. Spearman, estate of Henry Hendrix, James Pitss and others, the said tract of land being divided into three tracts containing in tract No. 1 eighty-five acres, more or less, and tract No. 2, seventy-eight acres, more or less, and tract No. 3, containing seventy-two acres, more or less. Each tract will be sold separate ly and a plt of each will be exhibited on day of sale. Terms of sale-One-third of the purchase money to be paid in cash and the balance payable in two equal annual installments, with interest from day of sale at the rate of eight per cent per annum, with leave to the purchaser to anticipate payment of credit portion, the purchaser to pay for papers and recording of same. H. H. Rikard, Master. December 11, 1906. AN ORDINANCE. To Prevent Injury and Damage to Streets in the Town of New berry. Be it ordainedl by the Mayor and Aldermen of the To'Iwn of Newberry inl Coniil assembled and by author ity of the snie: 1. From and af'ter tihe passage of this ordinaice it, shall be uilawful for any p1wrsonl wilfully to destroy, in Jure, or inl anly m:nn11ler hurm, damage, impilair or obstriuct anly puiblic Street ilr' Sidewalk inl the Town ofI Newber ry, or any part tiereof, or any bridge, enlvert, drain or ditI belonging thereto, or any part, thiercof. 2. A -y person violating this ordin ance shall he liable to a fine of not more tha one hundred dollars, or imiiprisonment for not more than thirty days, for each offense. Done and ratified under the Cor porate seal of the said Town, the 5th day of December, 1906. A. T. Brown, Attest: Mayor. Eng. S. Werts, Clerk and Treasurer. STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY. IN THE PROBATE COURT. .James F. J. Caldwell, as Executor of the last will and( testament of Mar.. tha Caroline Caldwell, deceased, Petit.ioner, against Francis W. Iliggins, Martha Caro. line Hardy, Elizabeth King, Harriet (or Hattie) Trail, Hayne W. McCar Icy, Annie M. McCarley, Johnu W. Chary, Mrs. Sarah A. M. Russell, Wit liham C. Gilliam, Sarah C. Clifton, Mary E. White, Francis Z. Wilson, John 0. Caldwell, and all heirs at, law and distributees of the said Mar tha Caroline Caldwell, deceased, whose names and places of residence are unknown, Defendants. To the defendants ab)ove named: You are hereby summoned aind re. (jiuiredl to answer, on or before the thirteenth (lay of February, :1907, the petit ion in this proceeding, which is filed inl the Probate Courut for the said County andl a copy of' which is here with served upon you ; andl you are notificed that on that day, beginning at ten o'clock inl the forenoon, a trint will 1)0 had in the said Court of Probate for the said Coun ty and Slate of all matters de- ~ scribed and( all issues involved in the saidl petition to estab)lish in due form of law eertain instruments of writing as the last will and testament of Mar. tha Caroline Caldwell, deceased. Hunt, Hunt and Hunter, Petitioner's Attorneys. (Seal.) J. C. Wilson, J. P.N. C. To the defendants: Mrs. Sarah A. M. Russell, Willianm C. Gilliam, Sarah C. Clifton, Mary:~ E. Wihie, John -0. Caldwoll and all heirs at law and distributees of t1;e said Martha Caroline Caldwell, de.. ceased, whose names and places di residences are unknown. You will p)lease take notice that the summonis of which the foregoing is a copy, anN flhe pet it ion in the ab)ove title action was filed in the Probate Cort of ' .Newberry Count y On the~ tenth (lay o~ Decemnber, 1906, and is now on file HIunut, Hunt and hunter L00K HERE'S-TO YOU -FOR Christmas Goods At Prices That Talk, AND MAKE THE GOODS WALK, 11 L You can save money on any article mentioned in this adver. tisement by calling at my store s on Postoffce Block fourth door from Postoffice. If you wani Guns, Ammunition, Stoves, k, 0 Crockery, e Glassware, Tinware, Everything, h Come to me. Remember the Old ' Reliable. tJ.W.Wito I. Prosperity's GALA WEEK and Carnival ONE WEEK OF FUN AND AMUISEMEN1 Every one is extended an invitation t come to our city and enjoy festivities COMMENCING MONDAY, Dec. 17 and Ending Dec. 22 nThe Mayor and council have engage4 . for this 'occasion the SMITH GREATER SHOWS, y one of the aargest and best carniva 'companies to furnish the amusement A good time is guaranteed to all visi r os ocome and enjoy the week MATT GAY,, o the worild famous high diver, will div4 twice daily from a ladder 92 feet is height into a tank containing onXs four feet of water. The Smith Greater Shows own anc operate their own electric light plant and will give in our city, for the first time, electrical shows. SFREE BAND CONCERTS DAILY o The chief feature of the Carnival iU y Smith's Wild Animal Arena. Eaci and every animal is trained to dc s something, t Come and enjoy yourselves. Plent3 6i to amuse al1l. 0 Remember the date PROSPERITY, DEC. 17 to 22. NOTICE 0OF FINAL SETTLEMENT Notice is hereby given that the un dersigned, as administrator, wvith the will annexed, of Anthony Griffin, de eeased, will make a final' settlement 1of the estate of said deceased in the probate court in Newberry county on ~the 2nd day of January, 1007, at 310 o'clock in the forenoon, and will -immediately thereafter apply for fin al discharge. All per.sons holding demands -agamnst the saidl estate wvill present -them duly attest ed on or before that (date. Robert Griffin,