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Proble Where to tly the Falaws
Mabus Was Shot in Aiken and
Died in Lexington.
A very novel and initerestig ques
tion was, raiSed )efore Judge Charles
G. Dantzler at Orangebt uig under ha
beas corpus proceedings brotught out
by Mr. E. F. Strother. of Batesburg,
and Mr. J. William Thurmond, of
Edgefield, in the interest of their
clients. who are defendants charged
with the killing of George W. Mabus,
near Batesburg several weeks ago.
It appears that Mabus was wound
ed in Aiken county, and died from the
effects thereof in Lexington county.
The coroner's inquest was heTM in
Lexington county and as a result two
Fallaw brothers were held as prin
cipals and another Fallaw brother.
and a younz man by the name of
Taylor. as aeeesssories. These defen
dants were committed to and are now
in jail at Lexington. and Solicitor
Timmerman has been preparing for
the prosecution. but the attoi'neys for
the defence insisted that the case be
tried in Aiken county, where the of
fence was committed.
It appears that the Constitution of
1868 made no provision for such cases
and in 1880 the legislature passed an
act providing that when a person
should be wounded in one county and
died in another county. the defendant
should be tried in either county, it de
pendinz on where the indictment, he
found. This set is incorporated in
the Crimin'al Code for the State of
Sonth carolina. is known as Section
119. and has zenerally been thou0ht
to hld until the question just rais
Messrs. Thurmond and Strother
point ou:t that the Constitution'al
convention of 1895 says that "unless
a change of venue be had under the
provisions of the article the defen
dant sahl] be tried in the county
where the offence was committed."
This is a new question in the crim
inal courts of the state and Judge
Dantzler did not announce his de
- cision but allowed Solicitor George
Bell Timmerman, who appeared for
the state, three days to cite authori
ties why the case and prisoners
should not be transferred to Aiken
In a conversation with the News
and Courier's correspondent Solici
tor Timmerman said the question was
a new one to him. but he rather
thougirt that the contention of the
attorneys for the defence was cor
rect. However, he proposes to look
into the matter and see if the same
question has ever been raised before.
In event of the prisoners and case
being transferred to Aiken the case
will pass from the jurisdiction of So
licitor Timmrerman to that of Solici
tor Davis. Lexington being in the
5th judicial district and Aiken in the
2d. The aet of 1880. passed under a
provision of the constitution of 1868
and known as Section 119 of the
Criminal Code, and which has gener'
ally been construed to cover all such
cases. reads as follows:
"When any person shall be struck.
wounded. poisoned or otherwise in
jured in one county and die thereof
in another any inquisition or indict
.ment thereof found by jurors of eith
er county shall be as good and effec
, tual in law as if the stroke, wound.
poisoning or other injury had been
committed and done in the county
where the party shall die. And the
person zuilty of such striking. wound
ing. poisoning or other injury, and
every accessory thereto, either befor e
or after the fact, shall be tried in
the county where such indictment
shall be found, and if convicted, pan
ishd in the same mo'de. muanner andl
form as if the deceased had suffered
sue.h striking, wounding, poisoning or
other injury and death in the county
where such indictment shall be
However. Attorneys Thurmiond anid
Strother raise the question that Arti
cle 6. Section 2. of the Constitution
of 1895 nuulified Section 119. of the
Code. Section 2. reads as follows:
"It shall be the duty of the gen
eral assembly to pass laws for the
change of venue in all cases, civil
and criminal, over which the circuit
courts have orieinal jurisdiction. up
on .a proper showing, supported by
affidavit. that a fair and impartial
trial cannot be had in the county
where such action or prosecution was
commenced. The state shall have thle
same ri2-ht to move for a change ol
venue that a defendant has for sueli
offences as the general assembly miay
prescri'be. Unless a change of venne
he had under the provisions of this
artyic the defendant shall he triorl
in the county where the offence wa!
"Poidd however, that nr
ebaflno of vre shall he zran.ted ir
ermnal esses until after a true hi!
ONE HUNDRED LOST.
Marine Disaster North of San Fran
cisco.-Passenger Boat Rammed
By Lumber Vessel.
In one of the worst marine disas
ters in the history of California be
tween one hundred and one hundred
and fifty lives were lost as far as has
been learned by a midnight collision
between the steamer Columbia and'the
steam lumber selhooner San Pedro in
Shelter Cove, twelve miles south of
the Medocino-Humboldt County line,
California, between 12 and 1 o'clock
The Columbia, a 300-foot steel ves
sel of the San Francisco and Port
land Steamship company, while bound
from San Francisco for Portland,
Ore, with 189 passengers and a crew
of sixty, collided with and was ram
med by the San Pedro, a 170-foot
wooden steamer, south-bound. The sea
was smooth, but the weather was fog
gy. The San Pedro looming out of
the mist a few lengths away, bore
down on the Columbia at high speed,
despite frantic efforts to clear. With
a grinding crash, the San Pedro sank
her stem fully ten feet into the Co
lumbia's port bow.
Nearly all of the Columbia's pas
sengers and many of her crew were
asleep in their cabins and bunks when
the crash came. As the San Pedro
I backed away the sea poured in
throu -h the ragged hole in the Co
lumbia's bow above and below the
water line, and in five minutes the
Columbia sank to the bottom, the deep
waters of the Shelter Cove covering
over the tops of the Columbia's masts.
The story of that five minutes is
yet to be told and as it is told by
sonic survivors the facts of the trage
dy can be but guessed at.
According to J. S. Flynn, a passen
zer on the Roanoke, Capt. Doran, of
the Columbia, succeeded in launching
four life boats and two rafts before
the Columbia sank. Flynn in an in
terview is quoted as saying that eigh
ty-eight passengers, all men, got away
in that manner, and were saved; that
Capt. Doran acted with great cool
ness in the face of death and went
down with his ship. Flynn is further
quoted as saying that none of the
Yundred odd women passengers were
Shortly after the collision the
steamers Roanoke and Geo. W. Elder
and the steam schooner Daisy Mitch
eli, all south-bound, came on the
sene and stood by. The Elder took
the San Pedro in tow. The stem of
* ~ n Pedro was smashed to splin
ters, one of her masts was snapped
off at' the deck and she was setting
and had a heavy list when taken in
tow. Capt. Hansen remained on
The Daiev Mitchell offered assist
aee to the Elder, but this was de
elined. She picked up a life boat and
a raft of the Columbia and brought
them to this city.
Near the scene of the wreek the
Reanoke picked up a life raft and
fona nndle"neath it the dead body of
a passen2er, supposed to be Edward
Butler, of Portsmouth, N. H.
Capt. Doran was regarded by the
omeials of the San Francisco and
Prtand Steamship Company as one
of the ablest seamen who ever operat
ed a vessel on the coast. His career
had been free from accident, and this
1is the first disaster that has befallen
any vessel over which he held comn
Rates from Newberry S. C., as fol
Season Ticket $19.53. Sold daily
April 19th to November 30th.
60 Day ticket .$16.30. Sold daily
April 19th to November 30th.
15 day ticket $14.30. Sold daily
April 19th to November 30th.
Coach Excursion $8.55. Sold each
Tuesday; limit 10 days. Endorsed.
'Not good in parlor or sleeping
Through Pullman sleeping cars, via
Atlantie Cost Line Railroad company.
Write for a beautiful illustrated
folder containing maps, descriptive
mater, list of Hotel, etc.
Fo reservations or any informa
tion. A ddress,
T. C. White,
General Passenger Agt.
W. J. Craig,
Passenger Traffie Manager,
Wilmington, N. C.
Arrival and Departure of Trains.
Schedules of passenger trains in
and out of the Union Station, New
berry, S. C.
No. 15 for Greenville .. .. 8.56 a. m.
No. 12 for Columbia ... .10 32 a. mn.
No. 19 for Greenville .. .. 1.35 p. w.
No. 19 for Columbia .... 1.50 p. m.
No. 11 for Greenville .... 4.42 p. m.
No. 16 for Columbia .... 9.47 p. m.
0., N. & L. Trains.
No. 22 for Columbia .... S.47 a. n.
No. 52 for Greenville ..12 46 p. D;.
No. 53 for Columbia .... 3.10 o. m.
Ko. 21 for Laurens .... 7.25 p. m.
No. 54 for Columbia .... 8.30 p. m.
The foregoing se,hedules are given
Splendid location. Health resort. I
modern improvements. 240 boarding pi
ship, culture and social life. Conservatoi
in Art and Elocution. Business College,:I
Health record not surpassed. Close I
deAelopment of each ppuil. Uniform woi
CHARGES VERY LOW.
26th Annual Session will begin on Se]
INTO OUR I
Better fixed to
Give us your ord
do the rest. Prii
Manufacturers of Door
Sash, Doors, Blinds, Tt.
Ornamental Wood WAor
Flooring, Ceiling, Sidi
the Building Material L
We want your inqui
grading and workman
prices are right.
Hartsville Wood !1
H ARTS VI?
2 Coupons in e
Coupons also Ri
.Tersey City, N...
only f nform-tion. are no' -miran
i 11 1 * C -u.Je 11 eh"iu A lf
I. I 15. 7.
G. L. Robinson,
[ot water heat. Electric lights and other
pils last year. High standard of scholar
y advantages in Music. Advance course
3ible, and normal courses.
)ersonal attention to the health and social
*n on all public occasions
;tember iSth 1907 For catalogue address
M. RHODES, President,
Littleton, N. C.
serve our trade
ers and we will
.es always right.
LLE, S. C.
and Window Scre ens,
ir-ned and Scroll Work,
k, Mantels, Mouldings,
ng, and everything in
rk s and orders. Our
zSHp is good, and our
..LE, S. C.
-- - FOR -"-""-I
St. Louis, M~o.
Capital $25,000. Surplus $14,000
The Bank of Prosperity.
his Bank was established to assist ycu in building a for
tune. It will so care for your money that it is absolutely Ae
cure, and you can have it whenever you want it. And ,f you
join the financial family it will prove your good friend in time
of need. It insures you the best service and convenience.
Make a deposit today. Every forturie has grown from a
4 per cent on money in the Savings DepartmeoL
Geo. Y. Hunter, President. J. S. Wheeler, V. Pres.
J. F. Browne, Cashier.
The People's National Bank
Prosperity, S. C.
Paid Up Capital - - - - $25,000 00
Surplus and Individual Profits $5,000 00
Stockholders" Liabilities . $25,000 00
For protection of depositors.
H. C. MOSELEY. President. M. A. CARLISLE, Vice-President
W. W. WHEELER, Cashier. GEO. JOHNSTONE, Attorney.
Better a conservative interest on your deposit with its safe
return when wanted, than a high rate and a feeling of doubt
about the principal.
A -National Bank is a safe Deposit. Government supervision,
makes it so. Likewise our Board of Directors is a guarantee
of prudent conservative management.
G. W. Bowers. W. P. Pugh.
J. A. C. Kibler. Jno. B. Fellers,
R. L. Luther. W. A. Moseley.
M. A. Carlisle. Geo. Johnstone.
J. H. Hunter. H. C. Moseley.
J. P. Bowers.
We allow 4 per-cent. per annum in1 our Savings
Department, interest payable semi-annually.
At Factory Prices.Do e n
Write us at onceafor ur special plan
us, yu gyeta standard make, one
that wil at a life-time. Write
Malone Music House ~i tN tc
COLUMBIA, S. C.,
For Catalogues, Terms, Etc.J3V.X HITE
THE EXCHANGE DANK(
* Main Street, Newberry, S. C.
'We submit the comparative figures as evidence of confidence
and esteem on the part of a patronizing public.
June 14, 1906. June 14, 1907.
Loans $137,193.84 Loans $195,441.13
De; osits 52,566.79 Deposits 105,268.18
A GAIN OF OVER 100 PER CENT.
We, toc,, pay 4 per cent. in our Savings Department.
J. D. DAVENPORT, Prest.
.E. R. HIlPP, Vice Prest.
M, L. SPEA RMAN, Cashier.
GEO. B. CROMER, Atty.
THE NEWBERRY SAVINGS BANKL
Capital $50,000 - - - Surplus $30,000
No Matter How Small, No Matter How Large,'
The Newberry Savings .Bank
will give it careful attention. This message
applies to the men and the women alike..
JAS. McINTOSH, J. E. NOR WOOD,