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t eD tYJLI.
\VOt XLIV NO Sn- TI A W5
p4SION FRAUD CASE.
Indictmen Against Four Colleton
Men Quashed-The Case was
At this session of the court the now
famous pensicln fraud case of Colle
ton county wAs called for trial. This
case has attracted considerable atten
tion and mnch interest has been shown
in the conclusion. It was generallY
known that it would be called for
trial, and in consequence the court
room was crowded. The decision of
the court dismissing the case seems to
meet with commendation on the
ground that the state, through its leg
ally constituted officers, had agreed
upon a settlement, and had, there
fore, no right to again brig an in
-dictment against the defendants.
A short history of the case will not
be uninteresting. The defendants
were G. J. Varn, Henry J. DuBois,
C. W. Ulmer and P. M. Varn, and the
indictment alleges that in January,
1901, they conspired together to ob
tain from E. R. MeTeer, then clerk
of court. a sum of money from the
pension fund of the county, through
forgery and false pretensions, that
is, forging the names of persons not
living and obtaining pensions for
them. They succeeded in obtaining
in this manner the sum of $423.6S.
This fraud was not disicovered till
the early part of the year 1903. when
capt. H. D. Padgett, who had sue
ceeded Clerk of Court MeTeer in of
ceene out the .pensiOL fund
fiee, was payin ths.a
for that year. He reported this fst
of the alleged fraud to the solicitor
St. Jullien Jervey, who preferred bills
f indictment at the July terni
onrt in 1905. The grand r
tured true bills against the defend
ants named above. The case was con
tinued at the fall term of Court. 1903,
on account of the illness of one of the
At the spring term of Court, 1906,
the solicitor received a letter from the
county board of pensioners, request
ing him to enter a nolle prosequi, for
the raon that the defendants had
haid back the full sum of $423.68, and
that they believed it would be for the
best "interests of the county and all
.oncerned if the solicitor would con
sent to nolle rosse the ease. This le
agreed to do-. e ay ae
SThe grand jury ate das lae
handed in a presentment th thwa
quite sensational. They presented the
solieitor and every member o h
county board of pensions for agree
- n tosttle this case, and re-pres
ted every defendant. The solicitor
di not make out any new blsa
Subsequently to this the comptrnol
ler general called Solicitor Jervey to
Columbia and, by his advice, the sohi
eitor again in June. 1906, handed the
grand jury new indietments and they
returned true bills. At the fall term
the case was again continued on ac
count of the illness of one of counsel.
*No court was held in March this year,
ooing to a defect in the drawing of
When the ease was called this morn
in Mr. W. B. Gruber. of counsel for
the defence, made a motion to hatait
the inditment on the ground thti
was not specific enough in detail.
ude Gary held that the indict
'nt was sufficient enough, charging
general conspiracy, fauetyt b
tain publie funds..
The defendants were then a.rraignl
ed and G. J. Van pleaded not guity,
-ancousel for defendanlfte entered a
special plea in bar, setting out the
facts of the compromise agreement be
tween the county board of nensionerns.
the soictor and the defendenfts. They
argued that the state, throught its leg
allyy..contited otfier. had :i.ee h
tthe pay-ant of this mo.rcy, andha
th case because "f ui a reemer
hadd been nol pe --:A that
woould he acting in bad fai+h to agai"
bring suit, after the def.?u.ants had
n-omp iP with the ine i uremients of the
statea xresas e8e +b-:'.uh its legafly
-constititut offears. This plea. with
soom changes agreed to by the counsel
--or both sides, wvas .&-g&ed by M-.
Grubebr and Solicitor Jervey, who
brriefly ecited the history of the case.
j.. 3 .m i E --- rendered W d
believe from a strictly legal point of
v-ew tha-. he : -.l :ie ju ifie- m
disraissil,z the ca, butL that in ( 1;;y
It would not be right for the state to
ants and then prosecute them, that he
. - : this K . t r case. The
following are his concluding words,
which express the general opinion of
those present: "The compromise of
these cases does not meet with my ap
proval even though I grant this mo
tion, because the effort to rob an
old Confederate soldier of the little
pittance the state gives him ought to
have met with more serious and sev
ere condemnation and punishment
Can is represented by the amount of
money which the defendants paid to
WHY HE RESIGNED.
Report That- Capt. Clay Decided to
Leave Clemson Because of Insub
ordinate Behavior of Senior
The resignation of Captian Clay as
commandant of cadets at Clemson
College is a very unpleasant surprise
to the friends of the institution all
over South Carolina. Just why the
United States army officer decided to
leave the institution has never been
clearly explained, but it has been in
timated that the behavior of the se
nior class during commencement had
a great deal do wi: Apa Clay's
determination to bave the :Gllege.
The senior cadeos, it scems, .ere
having a. good time and Captain Clay
objected to their behavior. He is said
to have ordered the young men to
their rooms and they ignored his ad
thority and treated him with little or
no rel-ard. Captain Clay is an army
officer. He was sent to Clemson to
maintain military discipline there, and
it is said that when he found that he
eould not enforce the order he deem
ed necessary, he decided to withdraw.
It has been intimated that the res
ignation of Captain Clay may result
in the permanent withdrawal of army
officers and federal aid from Clemson
College. This would mean that the
institution would lose the use of the
arms now in its possession as well as
the services of a reoninr frmy officer
as professor of military tactics and
commandant of the college. The loss
to Clemson would be very serious in
That such a course will not prove
necessary is to be hoped, but a friend
of the institution said that he was ap
prehensive as to the outcome and
very sorry that Captain Clay would
not be there another term.
Col. M. L. Donaldson, a member of
the board of trustees, was asked about
Captain Clay's resignation, but he
declined to say anything further than
that it was fact that the commandant
had resigned. The matter would come
up, he said, at the next meeting of
Card of Thanks.
I wish to extend to my friendIs and
neihbors my hearty appreciation and
thanks for the valuable aid given, me
during the illness and death of my
wife. Words fail to express my* ap
preciation and I feel I cannot repay
them but commend them unto Him
who can do all things.
J. W. Hartman.
The trustees ,of Hartford school
will meet on Saturday, July 13 at 3
o'clock p. m. for the purpose of elect
ing a teacher. Salary $50 per month.
Session S or 9 months.
J. C. Hipp,
P. M. Hawkins,
All farmers and business men of
Newberry county are requested to
meet at the court house on July 15th.
There will be addresses by Messrs. E.
D. Smith, F. H. Hyatt and F. H. Wes
R. T. C. Hunter.
Occasionally there is a man wise
-ough to think poetry without writ
A VERSE THAT STICKS.
Once You Read, ' She's The Only!
Girl I Love," You Can't
"Speaking of poetry.'' said a gen- I
tleman in Newberry yesterday, "have
you noticed the prominence which the
newspapers throughout the country
are giving the little verse:
"She's the only girl I love;
Has a face like a horse and buggy;
I met her leaning on the lake
Oh. fireman, save me child."
"It is being discussed from one end
of the country to the other, as it de
serves to be. There is something pe
culiar in that little verse. It was
several years ago that I first noticed
it, in some newspaper. And since
that time I haven't been able to get
it out of my head. Some newspaper
man had got it off at a banquet some
where-I have -forgot how it came in
to existence-I think it was Editor
Walker Kennedy, of Tennessee, who
zave it birth-but the verse itself
will not out. I knew that some day
its literary merit would be recogniz
ed, and I prophecied it, and now it
has come to pass. I am glad. And I
hope those to whose attention it is
now being brought by the press of the
country will be as much delighted
w.ith it as I was when I first saw it;
and-it may be mean-but I hope it
will stay with them as long as it did
"I noticed in the Charlotte Ob
erver several days ago that a profes
;or up there in Charlotte was walking
round the streets in an absent-mind
ed manner, occasionally leaning
ngainst a. telephone pole, and with a
far-a-way expression in his eyes,
;oftly reppea ting:
"-She's the only girl I love;
Has a face like a horse and buggy"'
%nd I was glad, with the great glad
ess that comes to a man on a rail
w.av t:-ain who has slept while the
train passet his station and carried
him , and then finds that somebody
else. in some way. has also passed the
statinn and must get back to that sta
tion "rmediately, and sooner.
"The vrse strrik ry fancy as
oon ai I saw it, and ther-- was all
up with me. If the city of New'aerry
had been .f.fered me to forvzet it, I
couldn 't have fori'ot it. On my way
home that night. I found myself re
"I met her leaninz on the lake
Oh. fireman, save me child.''
"'But on my way home that night,
little did I dream what trouble it was
to get me in before the dawn of an
other day. I thought that when I
managed to get to sleep, it would
vanish, as does a popular tune which
one - can't help humming for awhile
sometimes. I thought my wife would
make fun of the lit-tle verse, and so,
with great effort, I managed not to
let her hear me repeating it before
bed-time. Had I known then what
was coming during the night, I would
have reeited to her the poem, and its
history, and everything I know about
"Some time during the night, in
my sleep. I commenced repeat.ing that
verse. I don't know whether I got any
further than the first line or not; but
I have good cause to believe that the
first line came from my lips:
"She's the only girl I love"'
And my wife heard it. And what hap
pened next I haven 't been able to
forget, either. though I have tried
as hard 'to forget it, as I have tried
to forget the verse. And I am not go
ing to tell you about it, either.'' said
the Newberrian: "because,'' he co.n
tined, "it's none of your business.
And don 't von ever mention it to me,
"That was some years ago. I
thought then -that I had got clear of
t, or had it frozen in me so hard that
it wouldn't thaw during my life time.
But ne:ct morning it was with me
an. and, during my busiest mom
ents, it would rush through my mind
ad I would find my mind off my
work, and I wVould be softly repeat
"She. the only o-irl I love.
NEWS OF PROSPERITY.
The First Cotton Blooms-Buggies
Prospeiity. July S.-Bugies have
eertainly gone "up'' very much late
iv. They have made such leaps and
bounds. that one of them, a beautiful
surrey, has landed on top of Quaittle
baum & Langford's barn right on the
c,omb. This is a very novel adver
I note that you were bragging, Mr.
Editor, of the cotton blooms that you
had received, but I want to say that
the first bloom that was sent to youi
correspondent. was on the 28th of
June, and was sent by Mr. S. J.
Kohn and on the 29th we got twc
more from different sections, one
from Milus Koon, of Pomaria, and
the other from Mr. G. H. Livingston,
of the Saluda river section, neai
MAiss Marie Bobb left on Friday foi
an extended trip to Wilmington, N
C.. and the Jamestowk Exposition'
Mrs. Caroline Boland died suddenly
Saturday night of heart failure. She
was in town on Saturday and seemed
to be as well as usual. She will bc
buried today (Monday) in Prosperity
We were sorry that our notes did
not get in the Friday's issue but all
that will do you will please put in
Prosperity, July 8.-Miss Lillie May
Russell spent last week in Columbia.
Miss May Lee Barre has returned
from a visit to -her sister, Mrs. K
Baker, at Greenwood.
Mrs. J. F. Browne and little Eliza
beth have returned from their visit
Mes6rs. J. F. Browne and H. C
Nioseley attended the meeting of the
bankers it Charleston last week.
The Masonic picnic will be given
)y Amity and Prosperity lodges om
July 25th. T.he lodges at Whitmire
nd Peak have been invited. Pro.
rminent speakers will make addresses.
Your correspondent learns that ir
the vicinity of Mr.. Amos Conwill,
there was a severe hail storm, com
pletely destroyed his crop. Mr. J. M
Eawkins and others have suffered
some but not tso the extent of Mr.
Miss Lucy Wheeler is visiting it
inards this week.
Miss Mamie Counts returned or
Wednesday from. the Agnes Scott
Mr. S. C. Lybrand and family vis'
ited the home folks in Lexingtot
ounty last week.
Mr. E. B. Bedenbaugh has return
ed to Atlanta. Mrs. Bedenbaugh will
spend some time at the Rev. Z. W
The summer school at St. Luke's
will open Moniday. Miss Carrie Hun
ter is principal. .'
Mrs. C. G. Barrier has been visiting
in Little Mountain.
Rev. Mr. Orr's meetings are well
attended. 'Some of the stores close,
E,or all have to attend them. We feel
sure that much good is being done
There will be a special meeting fo
men on Monday night.
Miss Louise Fulmer, of Little Mount
tan, is vistinig her aunts, Mrs. Bar
ier and Mrs. S. J. Kohn..
Miss Janie Chalmers, Dr. and Mrs.
Brown, R.ev. D. G. Phillips, Mr B. F.
Cannon, and Mr. and Mrs. J. H. Hun
ter have been in attendance upon th*
Dr. and Mrs. G. T. Pugh are at Mr
W. P. Pueh's for the summer.
Dr. Littlejohixn, of Pacolet, ha~
been over for a few days.
Our little friend, Henry Quattle
aaum, has been visiting his aunt, Miss
T. Langford in Spartanburg.
Mr. and Mrs. Dave Langford, ol
Has a face like a horse and buggy;
[ met her leaning on the lake
Oh, fireman, save me child.''
''And it has been that way with
mee from that day even until now. And
hat's all I had to say. I wouldn't
ave mentioned it at all, except foi
he recent discussions in the Charlotte
b)herver. the oClumbia State. the
Trfol papers the Charleston pa
ers andohr tati T have noticed.'
Newberry have been on a visit to
Mr. and Mrs. W. A. Moseley.
J Mrs. M. C. Morris is visiting the
paternal roof at Lykesland.
Miss Myrtle Beacham, of Green
wood. will stop over on her journey
from Bowman, S. C., with Miss Edna
Fellers on Friday.
Mr. and Mrs. W. P. Blanton, of
Graniteville, are visiting Mrs. Blan-1
ton.'s father, Mr. A. A. Nates.
Mrs. G. Y. Hunter, Misses Erin
Kohn, Gertrude Simpson and Lilla
Kibler are attending the Mission
Conference in Asheville, N. C., this
Dr. E. N. Kibler, is attending the
state Dental association in Anderson
Mrs. P. L. Rikard and little son,
Kiblerof Atlanta, are visiting Mrs.
i Rikard's father, Mr. A. M. Counts.
Mr. Robt. Hunter has returned
from the Citadel.
Prof. J. E. Hunter, of Clemson, is
at home for the summer vacation.
Miss Carrie Hunter's school hav
ing closed, she will spend the vacation
Mrs. T. D. Copeland is visiting her
Mr. and Mrs. Carper Kreps are at
Pastor Kreps' for their vacation.
Quite a jolly crowd had a nice little
picnic trip to Little Mountain Wed
nesday. Among the party were Mis
ses Addie and Ellen Werts, Miss Joy
ner, Miss Tolier. Messrs Birge Wise,
Hart Kohn, W. B. Wise, Geo. Har
mon, Jno. Jat Wise, Mrs. C. M. Har
Mrs. Kate Monts -has returned to
her -home, after a visit to relatives
at Prosperity and Dyson.
Col. W. B. Wise, one of the ubiquit
ous Knights of the Grip, is spending
a well earned vacation in town.
Messrs. J. L. Wise and Birge Wise
have returned from a business trip to
Contracts have been let for the
building material of the .new Luther
an church and work is expected to be
gin August 1st.
THE ARSTEONG CASE.
Warrant Sworn Out For Dentist
Charging Him With Ilegal Ex
At the meeting of the State Dentist
association, held at Anderson last
week, the case of C. C. Armstrong,
who was tried for murder at the last
term of court here, charged with kill
ing Mrs. Carrie Berry by injecting
poison into her gums while extracting
teeth, and who was acquitted, was
taken up and considered by the asso
eiation. The following is from the An
derson correspondent of the Columbia
The matter of C. C. Armstrong, the
alleged dentist, injecting poisonous
fluids in the gums of a woman in
Newberry recently, from the effects
of which fluid the woman died, was
brought up before the committee and
it was resolved that a warrant be
sworn out for Armstrong charginig
him with illegal extraction. The war
rant has been placed in the hands of
Sheriff Green of this county. It is
recalled that Armstrong was tried in
the court of general sessions for mur
der in Newberry county and was ac
quitted of the charge.
In connection with the above mat
ter, the following resolution was adop
"Resolved, That it is unlawful for
any member of this association to
employ any one in his office or prac
tice who is an illegal practitioner or
has not a license to practice dentis
try in South Carolina.
"Resolved, further, That this as
sociation will withdraw membership
from any dentist guilty of such con
- Mr. Armstrong was in Newberry on
the fourth of July enjoying the festiv
ities of the occasion with his friends.I
I First Class Meat Market.
IMr. J. A. Wright has opened a first
lass meat market in Friend street,
next door to the Observer office. The
market is fitted up with all modern
conveniences. and. what is one of t-he
most important things in a meat mar
ket, it is as clean as a living room.
Mr. Wright will give prompt atten
tion to all orders, and will serve his
Interdenominational Sunday School
Convention of Newberry
Following is the program of the In
terdenominational Sunday school con
vention of Newberry coun.ty at Bush
river church, July 25th and 26th:
10.30 a. m.-Song service; devo
tional exercises by Rev. J. T. Miller.
Enrollment of delegates.
Topic: The relation of the pastor
to the 'Sunday school, by Rev. D. G.
Phillips and Mr.. J. R. MeKittriek.
Report from the state convention
by Dr. W. E. Pelham.
Topie: The importance of and how
a teacher's meeting sioujd be con
ducted, by Dr. Geo. B. Cromer and
Mr. H. M. Abary.
TopiC: The relation of the teacher
to the scholar outside of the class
room, by Rev. J. J. Long and Prof.
E. 0. Counts.
10 a. m.-Devotional exercises and
song service, by Mr. Jas. F. Epting.
Topic: The teacher as a soul win
ner. by Rev. B. P. Mitchell and Mr.
Jno. C. Goggans.
Topic- The value of th cradle roll
in Sunday school, by Rev. R. L. Lati
mer and Mrs. M. A. Carlisle.
Topic: The home department of
the Sunday school, by Jas. F. Epting.
Appointing committees and raising
Topic: Classifying the school, by
Rev. J. F. Cason and Col. W!H. Hunt.
Topic: How to reach the unreached
in the school. by Rev. L. B. White and
Mr. A. H. Kohn.
Flee ion of officers.
Election, of delegates to the state
FOUR YOUNG LADIES HELD UP.
At Pistol's Point Stranger Forces
Them to Obey Command-For
tunately They are Unharmed.
,Bamberg, July 6.-About dusk yes-2
terday evening four young ladies,
thiree of them sisters, were strolling
on the outskirts of the town when
suddenly they were accosted by a
white man-'who threw a revolver up
on them, commanding that they fol
low him to the edge of the woods.
Upon reaching a ditch he gave a far
ther cdmmand that they take off their
shoes and go in wading. About this
time one of the young ladies fainted
and another made an outcry, where
upon the unknown man took to the
-The alarm was soon given and a
search was instiituted for the strang
er. Bloodhounds were put on the trail
and he was tracked for several miles.
The dogs having lost the trial ap
parently because the stranger took a
buggy, the searchers secured vehicles
and at a late hour tonight the search
is being continued.
The man was apparently'about 30
years old, tall, of dark complexion
and clean shaven.
Several incidents have occurred
here recently tyhich lead people to be- -
lieve that there is an insane man in
We will give a first class barbecue
at the residence of D. E. Halfaere,
near St. Philips church, six and a
half miles east of Newberry. July 18.
Music will be furnished by the Jolly
Street band for all the young people
who desire to dance. The gun clubs
of the county are talosiinvtETA$
f -the county are also invited to be.
with us on that day. The public is
eordially invited to attend, anti a
~ood dinner is guaranteed.
Admission for gentlemen, 40 cents;
[adies, 35 cents.
Halfaere & Kibler.
The more a woman talks to a man
the less he is inclined to,sit up and