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I VOL XLIV NO 102 NEWBEIRRY~ S. 0. TUESDAY~ DECEMBER 24. 1907. TWICE A WEEK $1.50 A YEAR
1~~ I EI711D fl a am~rt (IT ~D
WIDOW SUBS C.LINTON MA
Jacksonville Woman Demands Da
ages of M. S. Bailey, Alleging
Breach of Marriage Promise.
News and Courier.
In the office of the clerk of t
United States circuit court, 4th c
cuit, district of South Carolina, w
filed yesterday afternoon the co:
plaint in the case of Phena H. Lo,
of Jacksonville, Fla., plaintiff, agair
Mercer S. Bailey, of Clinton, S. I
in a suit for damages for alleg
breaoh of promise of marriage cc
tract, at which the damages are la
at $150,000. In the amount involv
and in the prominence of the parti
this suit is of larger interest than a:
of the kind ever before brought
this part of the country.
The complaint, which is printed I
low, states the salient facts of t
ease from the plaintiff's point
view. It will be seen that the allE
ed courtship and engagement t
tween the plaintiff and defenda
dates from the 14th of Augu
1901; and began in the mountains
North Carolina. Mrs.' Love will
remembered by hundreds of perso
tiroughout South Carolina as t
former landlady of the Blue Rid
Inn in Hendersonville, N. C.
Mrs. Love is a woman said to
somewhere about 50 years of age a
is a widow. She is a woman of ei
tivation, excellent manners and prr
ence, and enjoys t.he friendship ai
respect of many of the leading pi
ple in the church and civil - life
Jacksonville, and has promine
friends in Charleston.
The plaintiff, Mr. Bailey, who h
been a widower for fifteen or twe
ty years, is one of thz best knov
men in the commercial and industri
circles of South Carolina. For pi
laps forty years he has conducted
hlighly successful private bankii
)(usiness in the town of Clinton, La
rt*s county.' About eleven years a;
he stablished the Clinton Cottr
Milik, a plant having 37,000 spindl
and Which has had a uniformly su
cessfnl history, paying for the la
seven or eight years good divideni
Later one of his sons established
the. suburbs of Clinton the Lydia Cc
ton Mill. with 21L000 spindles, ai
in this, too. Mr. Bailey is said to
heavily interested. It is also a hig
prosperous company. Besides I
e appears at t;he head of one
large mercantile houses of Cli
The popular understanding
he Bailey family, composed
Bailey and his sons, own tl
~ng interest in these mills ai
large owners of lands, hou
ther pro.perties. Mr. Bail.
here between 65 and
aore, and is prominen't in r
and other activities of life
on. The Bailey family wealth
eW imated in curront opinion as a
gregating $500,000 and upwards.
- What the trial of the case will d
velop cannot be anticipated, but t1
allegations of the complaint, especia
ly that relating to the engageme:
ring as an evidence in the case, lea<
to the assumption that in the cour
of the litigation an intensely interes
ing remablce will be revealed. TI
hotel in Hendersonville, which Mi
ye managed, is said to have bet
the property at one time of Mr. Bai
y, and the large aequaintance whic
rs. love gained by reason of h;
onnection with that establishmer
ether with the alleged wealth at
nding~ of the defendant, promis
cause evary suceessive step in t]
igation inaugurated yes'terday
watched with the keenest intere
oughout the South Atlantic Stata
-e complaint follows:
h- when the time for the pe
-ice of said marriage approac.
wit: about the -day of Se
r1901. the defendant, becaur
af'fliction in the family of sa
.a?t. requested the plaintiff
1o the said marriage; ti
T lh?reto agreed and consen
ihe posu'ponemen~t at the d
'i insistence. and thereaft'
e to time the said marria!
nstanc'e of the defendant w;
d so that on the 2.6th dayv<
, 1902 th pliniff an:d d
. fendant again renewed thleir promise
and agreement to ,marry each other,
n- ! the same being evidenced by a ring
which the defendant on that date
gave to the plaintiff, being a simple
gold ring upon which the defendant
had engraved the following:
he M. S. B. to P. H. L.
r- And thereafter the said promises
as and agreements to so marry were con
n- tinued until on the said 5th day of
re, October, 1905, the. defendant promis
Lst ed again to marry the plaintif on the
1st day of August. 1906, the plain
ed 'tiff agreeing that on said date she
3- would marry the said defendant, and
id said date was thereupon finally and
a definitely fixed for the performance
es -7f the ceremony of marriage.
Fourth. That the plaintff, confid
' ing in and relying upon the said con
tract and agreement of the defendant
e- to marry her, as hereinbefore set
he forth, has always since remained
of ready a ad willing, and now is ready
- and willing to marry the said de
nt Fifth. That the defendant refuses
to marry the plaintff, although a rea
of sonable time elapsed before this ac
be tion, and although she has repeated
ly since the 1st day of August, 1906,
requested him so to do.
Sixth. That relying on said pro
mise of the defendant to marry her
the plaintiff at the request of t4e de
i fendant abandoned her profession and
business, to-wit, that of a hotel keep
er, whieh she had theretofore follow
ed as a means of livelihood, gave up
her said profession and business and
sacrificed her property and interest
at in order to become defendant's wife
a Seventh. That the defendant has,
notwithstanding his promise. so made
an and acted upon by the plaintiff,
al rantonly . reeiessly and malicfiously
r- refused to perform and comply with
a the same, whereby plaintif has suf
ig fered great humiliation and mortifica
u- tion. and has been compelled in eon
o sequence of the wilful, wanton. reek
m less and malicious conduct of the
"s defendant and his failure to per
e form his con-tract and agreemant.
t Eighth. That by the breach of
in contract aforesaid in the manner
n aforesaid, and by all the aforesaid
d actions of the defendant, the plaintiff
dhas been demaged in the sum of one
hundred and fifty thousand dollars
>f Wherefore, the plaintiff prays
- judgment against ,the defendant in
is the sum of one hundred and fifty
yf thousand dollars ($150,000) and the
1e ccsts of tfiis action.
id nited States of America. District of
- South Carolina.
7y Personally appeared before me
0 Phena H. Love, who being duly sworn,
e- says she is the plaintif herein, and
in thait she has read the foregoing comn
is plaint and that the same is true of
? her own knowledge.
Phena H. Love.
e Sworn to before me this 17th .iay
ie of beeember, 1907.
.-A. 4'. Tobias, Jr.
it Notary Public, Sooth Carolina.
Is__ _ _ _ _ _ _ _ _ _ _
sLATIMER TO AID IN OAMPAIGN
CSouth Carolinian Made a Member of
Washington, December 23.-An
nouncement has just been made that
r .Senator Latimer will be a member
tof the Democratic campagin congres
dsional committee, on the part of the
s senate, for the 1908 campaign. The
eother members are Senators Taliafer
ro. of Florida; Clay, of Georgia;
Stone. of Missouri; Newlands, of Ne
. vada; Owen, of Oklahoma: Taylor,
of Tennessee; Culberson. of Texas,
r-and Martin. of Virginia.
IDemocrats here are hoping to
larely increase their number in both
e lonse and ser'ste as the result of the
dn-t election, and it le probable that
4 in the n'ear future those members
e x :io have been choseai ft'ha e en
ite will meet and our ." :an active
r In nie house the Dar~'"its ares tro
e o--a chairman earl e in Januiar:.
wl!'t the preliminary wo:k of the
>f; next compaign will bae in.
THE NEWS of PROSPERITY.
The Baby Show-Another Veteran
Passes to the Beyond-Many
Amusement for Week.
Prosperity. Dee. 23.-The baby
show in city hall given under the aus- I
pices of the U. D. C. will ask all who
go in to visit the show to deposit ten
cents at the door to assist them in
placing a monument to the veterans
in Prosperity cemetery and No. 9
township. Nice candies will also be
on sale at a booth in the hall. The
public' is cordially invited to come
and enjoy a pleasant show.
Another veteran has been added to
those who sleep their last long sleep
in the bivouac of the dead. Mr. Si
mon P. Taylor has joined the great
majority and awaits the bugle call of
the master in the silent city where
rests so many of his comrades. Mr.
Taylor was over 70 years of age and
leaves many relatives and friends to <
mourn their loss.
Col. G. Sam Moore told us of an
unusual case of honesty or clever
ness <.n the part of Brady Derrick a
negro living in his section. On his
way to church at Mount Moriah ing
found a -pocket hook containing
$65.00. He euquired but could find
no owner. Shortly after a white man
came up to the church inquiring for
a - lost purse. It was given to him
and Brady refused to take $15.00 of
A1!i the studeplts at the different
colleges are home, so far as your cor
respondent can learn, for the holi
days. Among the'number I note Mises
Willie Mae Wise, Clara Gibson, Iso
line Wyche, Ethel Counts, Kate
Thompson, Rosabel Harmon, Annie
Moseiey, Minnie Boyd Brown, Messrs.
Granville Wyche, Allen Lester, Wal
ter and Robt. Wise, E. S. Kohn, Clif
ton Kreps. Lindsey Fellers, Jas. Cal
mes, Herbert Langford, Marks and
Lillius Simpson, Harold Craig, mak
ing a total of 20 students from the
town and representing Wofford, Ers
kine, Due West, Newberry, Clemson,
S. C., Citadel, College for Women,
Win'tihrop, Porter Academy. This is
qite a showing for our town ani
there are others whose names have
escaped-as that will enlarge the list.
Miss Gertrude Bobb is at home
from Marion. N. C., for the' holidays.
Miss Margaret Leekie, one of the
tea-ehers in our graded school, will
spend the holidays with her parents
Prof. Cecil Wycdhe, of the city
schools of S.par'tanburg, is a~t home
for the Christmas holidays.
Miss Emma DeWoody, of Ft. Smit'h,
Arkansas, will visit heir classmate,
Miss Erin Kohn during the holidays.
Hart Kohn, of Columbia. will spend
a few days at home during the
The Sunday school exercises of
Grace churelih will be given on Wed
nesday. evening at t7.30.
The Dime Reading will be given
on Frid'ay evening at 7.30. This will
be an enjoyable affair and all should
The play Jumbo Jum will be giveai
Thle ladies have arranged 3o as to
give the good people of the town
a .week of enjoymen't.
The K. of P. and Wooaimen sup
pers will be given tile following week.
There are many good things in store
for Prosperity's citizens.(
This will 'praettieal'ly close another
year in the lives cf many of us and
what is the record? Another mile
sitone in life'"s journey has been pass
ed. Our roads did not always lie byI
still waters nor were there green pas
tures but there were many oppor- .
tunit;ies to do good. Did we do it?~
Perhaps sorrow and sadniess did not i
come to us or darken our homes. there ,.
were mlany to which if did comne. D)id
you dear reader help to iigh'ten the
burdens or sweeten theC sorrows of
those homes on which th-a shadows
"0" tWe~ good we ali may do
un1 it? May the nest
y - ) us~ me'king good use of the
op :rtuities that may be given us. t
"Let us then be up and doing
still achieving, still pursuing,
Learn to labor and to wait."
Prof. E. S. Werts, of Meiiphis,
renn., was in town for a day or two
Mr. W. P. Harmon. of Greenwood,
.s visiting his sons, C. M. and Geo.
Dr. R. B. Epting and daughter, of
-reenwood, visited doctor's sister,
Vqrs. Able. Sunday.
Prof. Werts returne dto Memphis
Very heavy rains have fallen here
Services Grace Sunday school Dec.
Voluntary. Glory in the highest,
Processional by school.
Duett. Mrs. Kreps, Miss Kohn.
Recitation, Miss Julia Schumpert.
Song. Carol sweetly today. Ifan.
Song. Happy Chirstmas time,
Recitatjon. Miss Mary Wheeler.
Song. Peaceful rest. Master Geo.
Fise, - Webster, Pat Wise,
Gift Exercise. Miss Eva Lester's
ass, with uffering song.
Song. Welcome. Mrs. Singley and
liss Jessie Moseley's classes.
Echo Song. You'ng girls of school.
Exercise by school. The earthly
if3 of the Christmas King.
Quartetts. Silent night.
Closing song. 'y to th. world.
News From Excelsior.
Excelsior, December 23.-We had a
arge crowd: out at Sunday school
5unday afternoon. After our school
was over we had an interesting ser
non preached by Rev. Ira S. Cald
vell. Mr. Cald,well put in a strong
)lea for the Sabbath and how we
hould spend Christmas. The sermon
hroughout was fine and ought to do
Mr. Aumerle Loriek, of Columbia,
iere to spend Christmas with the
Mrs. Kate Odell, of near Whitmire,
s spendi'na a few of the holi.ays
vith her sister. Mrs. Crumpton.
Mr. George Richardson and family
6ave moved in their new home near
Miss Lora Nates will spend a few
if flie holidays with her sister. Mrs.
Nillie Blanton, of Gra.nite'ville. S. C.
Prof. E. S. Werts, of Memphis,
['en., is visiting relatives in this see
Miss Lucy Whieeler is up from Co
umbia to spend Christmtas with the
There will be eommunion service at
~t. Pilgrim church n sxt Sunday
non.The service to be conduet
d by the Rev. 0. B. Shiearouse.
Our school closed Friday afternoon
or Christmas with exercises i-n the
ftrnoon. Quite a larg'e crowd gath
~red at th'e school-house to enjoy ifhe
xercses whieh eorisisted of -speeches
y the pupils of" school, the sehool
ose 'being nicely decoraited for t'he
A- fish pond- was arranged in one
orner of the building and all pres
~nts were 'pla.eed 'in this pond and on
eine fished out and the name called
he owner would g'o up and receive
he present, all of the pupils receiv
n' presents. Santa Clans was also
n hand and as usnel was liberal
arted amonest the pupils. We re
'n thanks to Miss Boulware. the
p'e-her for an invitation to he pres
nt. but circumstanees were such we
ounl not he on hand. The exercises
f the aft.?rnoon were presided over
v Prof. .T. S. Wheeler. anperintend
-t of edneation. Thus ended a nicas
t aiftern"'n fer the puonils and will
'ni- he remembered by all present.
A pleasan+' Christmas to Tb' Her
18 a'nd N-ews tynos and rerliers.
Alevander was sighingr for more!
-mvll to enuer.
''TThve you ev"e tried destroving
onfidenne and then rebuilding it?''
Herewith the grea!t man hasitly
ought n easie -Jnh -New York Sun.
i ar c ti uni' a.
Brings Renewed Assurances of Ja
pan's Friendlines to the Unit
New York, December 20.-Wm. H.
Taft. Secretary of War, returned to
day from his trip around the world,
bringing renewed reassurances of Ja
pan's friendliness towards the United
States, but declining to say anything
withIi respect to the political situation
in this country. He said that he had
not been too long out of intimate
touch with political affairs at home
to discuss them in any way. One of
Mr. Taft'.s interviewers had the tem
erity to ask:
"Well, Mr. Secretary, tell us who
is your choice for president?"
Amid general laughter, in which he
heartily joined, the secretary repli
"I guess I will have to leave that
Mr. Taft left for Washington on
the afternoon train, saying that ac
crmulated matters in the war depart
ment would keep his nose to the offi
cial grindstone for some time to
come, and that the preparation of his
special report on the Philippines,
which will be in book form, would
also require much of his time in the
Sumter Chamber of 'Commerce Fav
ors Liberality Towards All
Be it Resolved by the Sumter
chamber of commerce, That we be
lieve that the future increased pop
ulation, prosperity and wealth of
Sonth Carolina is largely dependent
on increased railway mileage and
facilities to take care of the con
stantly increasing demands made up
on them by the. growth of the state,
and that it is encumbent upon every
good citizen to interest himself in
the matter as to the present need,
as well as to insure a wider and ful
ler development of the natural re
sources of the state for the benefit
of generations to come.
Further: To insure increased trans
portation facilities succh as is neces
sary for the proper development of
this state, the necessity for consis
tent handling of the transportation
problem is apparent.
Be further resolved: T$iat this body
favors the uitmost liberality on the
part of its state authorities towards
all transportation companies under
taking to provide transportation in
this state in conformity with our
state and national laws.
Fu'rther: That the inteerst of'South
Carolina can best be serve~d by a pol-.
icy of conservatism; that the essen
tial need at this time is increased
and improved facilities and not so
much a. reduction of the revenues
such as we believe will tend to de
stroy the present facilities rather
than increase their efficiency.
Further: That we are not in sym
pathy with the almost hostile atti
tude assumed by the public in some
localities towards the railroad inter
ests, nor do we favor drastic jegisla
tion as recently enacted in other
states, but on the contrary, we fav
or fair and reasonable laws, fairly
and justly administered.
Further: That a copy of these res
olution be addressed to the Hon.
Donald McKay Frost, chairman of
the legislative committee on rail
roads with the advice that the reso
intions carry the sentiment of the
citizens of this city and county,
urging that he recommend to our
next legislature such measures as
will tend to increase transportation
investments in this state.
Funther: Thbat a copy of these re
solutions he directed to each rep
resentative from Sumter county, al
ex the mnay:- of eachi city in this
,tate. as we2il d to our city and coun
Snorm r. and t-he News and
Carier a'pi "The State'' and all
nier .:-lh rowspers, asking that
th'y -;i'e szme a!! '.nsistent publi
H. J. McLauriri, Jr.
E. T Reardon. Sec.
Those Who Will Work During Next
Legislature Selected. -
Appointments in the engrossing
department for the coming session of
the leg'islature were announced by
Attorney General Lyon as follows:
Miss Lucile Jennerett, Georgetwon;
Miss Julia Mixon, Aiken; Miss Mabel
Hearon, Bishopville; Miss Ola Hunt
ley, Cheraw; Miss Dubos. Jones, Co
lumbia; Mrs. Rose Patton Hoke,
Chester; Miss Pearl G. Holland,
Spartanburg; Miss Almena Coleman,
New. Market; Miss Carrie E. Simons,
Charleston; Miss Mary Geo. Cher
ry, Seneca; Miss May Moorman,
Greenville; Miss Sara Nioholson,
Edgefield; Mss Annie Aiken, Green
wood; Miss Eleanor 'McQueen, Co
lambia; Miss Janie C. Grace, Char
leston; Miss Marie Long, Columbia;
Mr. W. S. Wertz, Jbhnst on; Miss
Onie Martin, Anderson; Mrs. Jas.
Mrs. Copes, of Spartanburg, for
merly Miss Platte, of Orangeburg,
has for several sessions been the chiesf
clerk of the engrossing department,
and her re'ppointment is due solely
to her efficient service and her abil
i'y. Mr. Lewis W. Haskell, of Co
lumbia, will remain in charge of the
The appointments dif the clerks are
made by the attorney general and the
ten solicitors, and there were, as usu
al, a very large number of applicants.
'Queen Victoria's Courage.
Chicago Daily News.
In her recently published lett'ers
Queen Victoria tells of the first at
tempt that was made on her lib.
"Writing to the King. ,of.the Belgians,
she heys: "On returning from the
chapel on Sunday Albert was observ
ing how civil the people were and
then suddenly turned to me and said
it appeared to him as though a man
had held out a pistol to the carriage
and that it had hung fire. Accord
ingly when we came home he men
tioned it to Col. Arbuthnot, who was
only to tPll it to Sir J. Graham and
Sir Robert Peel, and have the police
instructed and nobody else. No one,
however, who was with us, such as
footmen, etc., had seen anything at
all. Albert began to doubt what he
believer he had seen.'' Bat a boy,
was found who had seen the same
-thing and who 'had been standing closa
to the man and had heard him mut
ter, ''Fool that I was not to fire.''
It was therefore arranged that the
Queen and the Prince should again
drive out, carefully and secretly
guarded, with a view to arresting
the man should he take the opper-.
tunity to make a further attempt.
The Queen continues: ''After some
consultation ***as nothing could
be done, we drove out-many police
men in plain clothes being distribut
ed in and about the parks and the
two equerries riding so close on eaeh
side that they must have.been hit if
anyone was; still the feeling of look
ing out for such a man was -not 'des
plus agreables.' However we drove
through the parks, up to Hamp
stead and back again. All was so
'quiet that we almost thought of noth
ing-when, as we d.rove down Consti
tution hill, very fast we heard the
report of a pistol, but not at all loud,
so that had we not been on the alert
we shoul d hardly have taken notice
''"We saw the man seized by a po
liceman, next to whom he was stand
ing when he fired, but he did not
stop. Col. Ar'buthnot and two others
saw him take him, but we only heard
the report (looking both the other
way). We both felt very glad that
our drive had had the effect of having
the man seized. Whether it was load
ed or not we cannot yet tall, but wa
are again full of gratitude to Urovi
dence for invariably protecting us.''
Teacher (after explaining tae
character of the Pharisee)-And
now what do we mean by a ''hypo
Pupil-Please, miss, a man wot
says he is wot he isn't, but he ain't.