Newspaper Page Text
State Dispensary Funds Tied Up by
Judge Pritchard-A Peculiar
Mix-Up in Claim.
Columbia State, 1st.
Yesterday an injunction issued by
United States Circuit Judge J. C.
Pritchard was served by telegraph
upon the dispensary commission re
straining them from paying out any
of the funds of the state dispensary
or turning same over to the state
treasurer. The injunction is tempor
ary and the commission is ordered to
shoi c.ause before Judge Pritchard
in Asheville on Jan. 11 why the same
should not be continued until a fin
al bearing is had on the complaint
filed in the case.
The restraining order was issued
in Asheville on Monday, filed in the
ofree of the clerk of the United Sta
tes circuit court in Charleston yester
day and by him transmitted to the
commission in Columbia by wire. It
is made on camplaint of Messrs. T.
M. Mordecai, Frank Carter and H.
C. Chedester. attorneys for the Wil
son Distilling company, whose claim
against the state dispensary amounts
to about $3,000.
The serving o' this injunction,
while being treated very lightly by
the commission, came as a surprise
for the reason that a committee was
before the commission at the time
with power of attorney in their pos
session from the Wilson Distilling
campany, authorizing them' to ad
just their claim with the comimission.
This committee consists of Messrs. 1
Geo. B. Lester of New York, S. M.
Babbett of Louisivlle. Ky., and W.
E. Hull of .Peoria, Ill. They repre -
ent in the neighborhod of $500,000
of claims against the state dispen
sary. Their power of attorney from
the Wilson Distilling company was
dated Dee. 26. just five days ago,
yesterday, and was signed by Mr.
Uliman, vice president.
This appears to be a very unusual
mix-up and the committee mention
ed above could give no explanation i
of the Wilson Distilling company's
Hon. W. F. Stevenson. special at- I
torney for the dispensary commis- c
sion, is not worried on account of the i
injunction secured by Mr. Mordecai
and his associates. He is busy just
now preparing the report of the corn- 1
----mission to be submitted to the gover- i
-The Order of the Court. ..
The order 'of the court is as fol- r
"In the circuit court of the United c
States for the district of South Car- t
olina. In equity.
"Wilson Distilling company, corn
plainant. vs. W. J. Murray, John 8
McSween, B. F. Arthur, C. K. Hen- v
derson and Avery Patton, defendants. e
Order: '- I
"Upon hearing read the. verified *
bill of complaint herein, praying for.
an injunction restraining the defend- 8
ants. W. J. Murray, John McSween, 1
B. F. Arthur. C. K. Henderson and e
Avery Patton, their successors, agents t
and attorneys, from paying over or C
disposing of tire funds in their hands 1
as commis,sioners for the purpose of s
winding up the affairs of the state~ p
dispensary of the State of .South il
Carolina'to any c'reditor or to the fi
,public treasurer of said state until i
the proper amount due each eredit-or n
- hall have first been duly ascertain- u
.ed and determined, as the court may t
-direct, until the final hearing herein, a
and it appearing therefrom that the o
said defendants may pr'oceed to pay f
-out and pay over said .fonds, to the s
2irreparable damage of the complain- i.
an'.'eniess restrained therefrom: v
. "No-v, in consideration thereof, s
- - upon motion of 'T. M. Mordecai, s
rank Carter and H. C. Chedester. r
solicitors- for the complainant, it is
mdered that said defendan'ts, their f
s-cecssors, agente and attc:neys, and t
each atnd every one of them be, and 't
they a:re hereby, restrained from d
-paying over or disposing of the t
funds in their hands as aforesaid to s
any creditor or to thc pnblic tcaasur
er of said state unstil the proper r
amount due each creditor t-hall hxa'e i
Jjst bF& jicertained and determin
ed th: . 'vt m~ay dire.t, until thes
"And it is further ordered that
said defendants be, and they arei
hereby required to show cause, ifc
any they have, before mne, on the 11thr
day of January, 1908, at the United
States court house in Asheville, in 1
tIhe -State of North Car'olina, at 10 1
o'clock in the forenoon why the said
defendant their successors. agents 1
and attorneys, and each and every 4
one of them should not be so re
strained until the final hearing here-1
"And it is further ordered that a
copy of this order and of the bill of
e:: 'p6 hnt herein be servedu upon said
"And it is further o -dered that
the cmnainan~t a:bove- named do1
Neelde a bond in the penal sum ol I
e.: conditioned for the payment t
to ihe defendants of all damages and (
eosts they or either of them may sus
tain by reason of this order, shoull I
the same hereafter be adjudged to t
bave been improvidently made, as to N
all or any of them; that said bond
<hall be duly approved by either of t
the circuit judges of this circuit or
by any of the district judges of the t
listrict of South Carolina, or by the
lerk of this court at Asheville, N. 1
"And it is further ordered that I
inv defendant hereto have leave to 1:
Move before me at any time before
he hearing herein ordered, upon five r
lays' notice to the solicitors for the f
-omplainant. to vacate this order or r
iny part thereof as to such defend- e
"Done at Asheville. N. C., at cham- :
)ers, this 30 day of December, 1907. t
"J. C. Pritchard. Jr
"U. S. Circuit Judge." i
CASH-SHANNON DUEL. t
oomething More in Regard to the t
Last Duel Fought in South c
Recently the Daily Mail published t
in article written by the city editor k
in the last South 'Caroiina duel. This e
irticle has been reproduced in many jo
>f the state papers. among them be- 1
n- the Yorkville Enquirer. Mr. W. i
. Gordon of Yorkville read the arti- e
le and then wrote the following d
ersion, which was published in the
Edi.tor Yorkville Enquirer: I have Ik
arefuily read the article in the last f
ssue of your paper entitled "Last J
south Carolina Duel." credited to J.
I. Godfrey. This article is about equ
ly divided between fael and fiction. t;
The writer has read the "Cash- t
han:non Duel." published by E. B.
. Cash himself. Later lie made a a
horough canvass of Chesterfield .
ounty in 1SS4-S5, talked with the C
)eople and ;ot the consensus of opin- o
on of the duel in question. He also
i=ited Col. Cash at his beautiful, a
tately home at Cash's depot. whera
!e was made the recipient of every _
.uiHsy. It was the boast that no
aan ever visited his home without
aving a good time. r
Col. Cash was a man to make a S,
asting impression. A man of strik- b
nig personality, tall, broad, straight
nd and finely proportioned. His re- c
utation as I got it from friends, a
eighbors, and people of this country, a
as that he was a true. noble friend
r a bitter and merciless enemy--a tl
ianof undoubted courage, whmo fear- Cl
d neither man nor devii. ,
Col. Cash was colonel of the Eighth g
outh Carolina regiment which, I
ras told, he equipped at his own k:
xpense. As to his financial ability. a
n 14 his plantaation was valued at s
Col. Cash did not challenge Coi- ta
lannon. Col. Shannon was the chal
~nging party. It was claimed, how- a,
ver. that Col. Cash, whIO was a mas- C
r of sarcasm and inveceive, goaded f
oh. Shannon into sending him a chal- ~
nge. That part of the story de- C(
riptive of th,e actual duel, is in
art, erroneous. I visited the duei
a ground, near Lamar, in an oi3
eld near Dubose 's bridge in Dar-I
ngton county, in company with a
ative who was an eye-witness of the n
nfortunate affair. He poin'ted out
be stakes. which were yet standing, e
:d described the relative positions
f the parties in detail. The bullet
rom Col. Shannon's pistol did not
trike the mud and spatter the mud h
i Col. Cash's face because there o:
-as no mud there even after the sub
idence of the flood-nothing but y
and sand. This is only a minor er- q
Acording to ~CoL. Cash the bullet a
rom Col. Shannon's pistol struck
ie ground at his (Cash's) feet and s;
brew the sand in his face, which pro- p
ued a stinging sensation and he t
hought for a moment that he was c
According to the code duello the ia
men were to fire simultaneously. It d
r true that Col. Shannon fired first, t:
ifter which Col. Cash deliberately I
hot him down.a
The trial of Col. Cash for the kill
ng of Col. Shannon at Darlington a
mourt house. South Carolina, was a t
not sensational one and wa's watch- e
d with peculiar interest throughout
he state. Col. Cash was defended 1
> the venerable Col. Spaan. His E
~peech was a masterpiece. Going t
ack to the earliest times, he reveiw- t
d the history of dueling and argued a
lquently that it was right and pro- a
er for gentlemen to adjust their
lifferences by the code duello and t
;hat never had -a duellist been punish- e
d especially~ the challenged party.1
The anti-duelling law was the di
ect outgrowth of the Cash-Shan
ion duel. Cot. Shannon was an x-i e
medogl popular man and hia .. a- 1
o1"tulatle elld was; t.he GCCh. (1io 1o
he newspaper wr1iters, to jump on
ol. ('ash with ot h ieet. Iowever,
u-e Whoii read th e ( ai-Shallit in
)ue].' written by Cl. C:sh him-elf
rill admit that they found a foeman
vorthv of their steel.
As for Bo-ran Cash. his friends
old me that he was the must. magir
oeent specimen of physioal ma:ihood
ht- had ever seen. Over six feet tall
reighinm 230 pounds, and of military
e:1rilg;, he was a veritable Apollo.
Ie was warmhearted,and gcenerous to
is friends. cruel- and relentless tc
The history of his death, as told
ne by his neighbors was abo,ut as
ollows, as near as memory serves
le after 27 years. One Richards was
hief of police in Cheraw. He waJ
omething of a petty tyrant and a
ully. He had been tantalized by
hose who didn't like him for not ar
estin' Bogan Cash. On one occas
)n Bogan Cash visited Cheraw. For
ome cause or pretext. Richards at
mpted to arrest Cash. A fight en
ued. Cash was badly beaten by
he policeman; but the officer got de
idedly the worst of it.
Some time later on Cash went
gain to Cheraw. Again he got into
rouble with Richards and shot and
illed him. At the same time he ac
identally killed a man by the name
f Coward. Cash expressed much r?
ret at the killing of Cownrd. Cash
nmediately rode away to his fath
r's home. six miles from Cheraw and
As usnal in such cases everybody
new where he was and yet no one
new. He was located everywhere
rom South Carolina to South
Governor Hugh. S. Thompson in
Fracted State Constable Richburg to
ike a picked body of men and go to
.e home of Col. Cash and arrest Bo
an. They proceeded to Cash.'s depot
nd made a search for Bogen, but
ithout success. They then arrested
ol. Cash as accessory to the killing
Finally Bogan Cash was located
d betrayed by one Douglass. and a
:s e headed by E. T. King (Zeke)
-afterwards sheriff of Chesterfield
nty-proceeded by night to the
lantation of Bogan Cash on the
ee Dee river about twelve miles
)th of Cheraw and surrsunded
oth house and barn.
Receiving intimation o'f trouble
ash came out of the barn heavily
r'med. There were two stories as to
hat followed. Members of the
sse say that when Cash appeared
iy came out from their places of
meeament and called upon him to
irrender and he raised his gun .and
red. point blank at them, and that
hile -h was a fine shot no one was
lled. As Cash would not surren
er they shot and killed him and in
ipport of this claim it may be men
oned that he wvas pierced by only
The other version is only that of
Ame negroes. They say that we
ash appeared the posse fired at him
om all sides-that Cash never fired
s gun-that his gun wvas never fir
at all. . W. S. Gordon.
Yorkville, S. C., Dec' 16, 1907.
This Concerns Health.
Answer these questions:
Do you have sick headaches and]
Do. you have bad breath and a
Are your bowels irregular-either
reatly consitipat'ed or very loose?
Is your skin sallow, and do you
ve a bitter taste in your mouth
1 waking up?
Do you sometimes have a pain in
our- right side, and are you fre
Are you inclined to be melancholy
You know whether you have these
Emptoms or not, but if you do you
robably don't know what's the mat
r with you. It would take a physi
lan to tell you if you happen-ed not
read this, but since you are read
ig it, let us tell you and save a
octor 's bill. You have eatarrh of
e liver and need a remedy at once.
,et us save you another doctor's bifl
nd recommend a course of Andes'
rreat Pireseripation. It costs but $1
bottle and six bottles are guaran
eed to cure the most stubborn case
ver known. Six bottles cost' only
. Maybe three :bottl'es will do the
ork. They -will cost only $2.50.
ven one bottle will convince you af
er only a few doses that you are on
he right track, and maybe, if youi
ilment is slight, one bottle will make
Wm. E. Pelhamn and Son have sold
husands of bottles without a 'single
omplaint. Hadn 't you better be
in on a cure of your troubies today?
The Abbe Gorret, who climbed ev
ry imporfant peak in the Swiss and
talan Alps, e dead at 79.
Assessment of Personal Propei
1, or an authorized a,,ent. will be
the following named plac'es for t
purpose of taking retnr s of persc
al property for 1908:
At Newberry Jan. 1st to 19.
At Chappells J-an. 20.
At Longshore Jan. 21.
At Walton Jan. 22.
At Glymiphville Jan 23.
At Mayinton Jan ?I
At Wi:mc.e Ja:i. 25.
At Port. '"a Jan. 27.
At Little Mountain Jan. 28.
At O'Nealls Jan. 29.
At. St. Lukes Jan. 30.
At Jolly Street Jan. 31.
At Prosperity FeFby. 3 and 4.
And at Newberry until Februa
20th, after which time the 50 per cc
penalty will be added according
The law requires a tax on all not
r r gages and monys ao an inco
tax on gross incomes of $2500.00 a
A 'capitation tax of 50 cents is
sessed on all dogs, the proceeds to
expended for school purposes.
Taxpayers or their agents should
careful to assess all dogs and av<
having same listed by the sehool tri
tees and township assessors.
All male persons between the a
of 21 and 60 years (except Confh
erate soldiers, or those persons u
able to earn a support from a
cause), are liable to poll tax.
No return will be accepted unh
sworn to by taxpayer or some pers
authorized to make same.
Persons changing residence frc
one township to another should
state to assessor and avoid havi:
their names entered in two townshil
Farmers and others in making retur
for their hands should pay speci
attention to this.
Real estate is not assessed tl
year, but be careful to not on tax i
turn each transfer of land or - lc
(bought or sold) since last return.
While on the rounds throughout t
county the books of assessment w
be opened each morning at 10 o'clo
and closed at 4. The office at Ne
berry will be open as usual each da
- W. W. Cromer,
Auditor Newberry County.
TO DRAW JURY.
Nottice is hereby given that we, t:
undersigned 'jury comnmissioners f
Newberry County, S. C., will at
o'clock a. mn., J-anuary 9, 1908, in t:
oficee of tihe Clerk of Court for sa
Gounty and State, openly and publi
ly draw the names of twelve perso:
who shall serve as grand jurors f
the year 1908, and that we will
the same time and place, openly ai
publicly, draw the names of thirt
six persons who shall serve at pai
jurors for the Court of General Se
sions, which wi'll convene at Newbe
ry Court House, S. C., on January 5
1908, and continue for ons week.
'Jno. L. Epps,
Wmn. W. Cromer,
Jno. C. Goggans,
Jury Commnissioners for Newber
Conty, S. C.
STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRY.
In Common Pieas.
~Lalla Ernestine Lominick, J. 3
Lominiek and George Hallmnan. Slig
Roberta Lominick and Ola M:
By virtue of an order of cou
herein I will sell before the cou
house door at Newberry, S. C.,<
saesday, the 6th day of Januar
1908, to the highest bidder, all th
tract of land lying and being situa
in Newberry county, State of Sou
Carolina, containing ninety-six (9
ares, more or less, and boundedi
lands of W. F. Ruff, Mrs. Sue Ma
bin, the estate or Jno. F. Ban
and R. C. Sligh.
Terms of sale: One-third of t
purhese money to be paid in ea
and the balance in one and t'
years in equal annual installmen
tle credit portion to be secured
the. bond of the purchaser and
mortgage of the premises soid,- a
to bear interest from the date
sale at the rate of eight per cent I
annum. Purchaser to pay for I
pers and recording same; with laa
to the pu.rchaser to anticipate t
redit portion in whole or in part.
H. H. Rikard,
Dec. 10, 1907.
SALJB or BANK STOCK.
I will sell at public auction befc
the court house at Newberry, S.
to the highest bidder for cDsh on t
first Monday in o anuary, 1908, fi
shares of the Newberry Natior
Bank Stock, belonging to the ests
Sof Miss Laura Dre'har.
W. H. Dreher,
P-aid Up Capital -
Surplus and I ndividu
For prolection of der
H. C. MOSELEY President.
W. W. WHEELER, Cashier.
Better a conservative int
return when wanted, than a
about the principal.
A National Bank is a safe
ry makes it so Likewise our l
at of prudent conservative man
G. W. Bowers
2 J. A. C. Kible
R. L. Luther.
M. A. Carlisle.
J. H. Hunter.
he J. F
b.W e allow 4 per cent. I
id Departrment, interesi
The First Couj
ss Even though cot severe, ha
tive membranes of the thr
:n Coughs then come easy all
0 slightest cold. Cure the fii
s set up an inflamation in the
4jg lungs. The best remedy
SSYRUP. It at once gets r
S. . moves the cause. It is frt
ns O a child as for an adult. 25
* MAYES' C
Our 36th car of that Clh
arrived, making 4,005 bb
be Best Half Patent.......
9 .Every Barn
9 Choice Meal.............
~-Choice Grits ...............
as We are maKing some cuti
and as a special inducement
id 10OCents c
it on following goods, goods all
_~I tion or misleading. This is 1
,1908, and to be carried out
All Ladies' Hats, Feat
Dress Goods, Flannels, a:
Youths' and Boys' Cloth~
17 Blankets, Men's Pants G
Misses' Shoes,'I'runks, i
.Ladies' and Misses Jacke1
ing Machines. This i
v. the extremely low price
h, tic for $22.50 and is certai
We have an abundance of
Ly ments, and to reduce thsem i
tall along the line. Youl
lie 5 Years an~
Our growth has bee
i,s, We have paid intere
by Our interest is Four
We pay interest co
of Our Directors are v
Our efforts are to pl
ye We take the public
he Our patrons embrac
We make few large 1
We are progressive
*. . Prospe
ve Dr. Geo. Y. Hunter, Pre
rity, S. C.
- - - $25,000 00
al Profits $6,000 00
ties $25,000 00
M. A. CARLISLE, VFe-President
GEO. JOHNSTONE, Attorney.
erest on your deposit with its safe
high rate and a feeling of doubt
Deposit. Government supervision
Board of Directors is a guarantee
W. P. Pugh.
r. Jno. B. Fellers.
W. A. Moseley.
H. C. Moseley.
per annum in our Savings
th of the Season,
s a tendency to irritate the sensi
oat and de!icate bronchial tubes.
winter, every time you take the e
st cough before it has a chance to *
delicate capillary air tubes of the g
is QUICK RELIEF COUGH
ight at the seat of trouble and re
from Morphine and is as safe for *
oice Tennessee Flour has just
s., and while it lasts goes for
.. ......___90c. bu.
.... ....... .$1.85sack.
rices t6 suit the "Panicky" times,
will make a clean cut of
n the Dollar
marked in plain figures, no decep
:o last until 1st day of January,
to the letter, and includes
hers and Vel vets, all Wo o
I Men's Hats and Caps, Men's,
ing, Rugs and Art Squares,
oods,ILadies', Children's and
alises, Satchels, Telescopes,
5, Lap Robes, Domestic Sew-.
kes our $30.00 Machine for
of $27.00, our $25.00 Domes
ly best price in United States.
choice goods in all of our depart
re making so'rne inviting p>rices
d 10 Reasons.
into our confidence.
e men; women and children.
oans, preferring the small.
rity, 3. C.
s't. Dr. J. S. Wheeler, V. Pres.
J. A. Counts, Asst. Cashr.