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VOL XLVI NO, 14 NEWBERRY2 S. .. TLSDAY. FE13UARY 17 909. TWICE A WEEK. $1.50 A YEAR
LAST WEEK OF THE
A FILIBUSTER IS ON IN BOTH
Prohibitionists Trying to Force a
Vote on Their Measures-Very
Little Accomplished so Far.
Columbia, Feb. 15.-Saturday is
the fortieth day of the legislative ses
sion, and in all probability the gener
al assembly will adjourn some time
Satuirday. Some of the members think
thait adjournment -will be reach
ed sore time late Friday night. There
have beei threats from the State
wide prohibitivnists that they were
'goi.ng to keep the legislature in ses
sion indefinitelv unless a vote were
reached on the prohibition bills, but
those who have watched ithe sessions
of the legislature for a number of
years have no idea that the present
session will go beyond the forty days.
There is no limit to the session,
and, as a matter of fact, there was no
limit last year, except as to the pay.
This year the members' receive $200
each for the session, whatever . its
length. Last year and during previous
years they recei'ved four dollars per
day for -not exceading forty days.
They could adjourn as soon after they
-met as it was possible -for them to do
so, and reegive fouir dollars per dAy
each for the days they were in ses
sion, or they could run beyond the
forty days, their pay, however, stop
ping at the end of the fo~rty days. An
adjournment was always r6a;ehiad by
the fortieth day. The members right
ly. took the view that the State could
not expect them ito stay in session
-without compensation. There is no
special reason for adjourning on the
fortiebh day this year, but tbat has
been.the eastom, and an adjournment
is looked for, as stated, on Saturday.
Little Accomplished so Far.
The legislature has accomplished
very tittle so far, and peraps it is
just as well. Twenty-two acts have
been ratified, twenty-one of which
are purely local measures. The only
Act of general interest which has
been iatified is the bill introduced by
Senator Jdhnh n, ty f Fairfield, ex
empting beneficiary students in State
institutions from 'the obligation to
teaeh provided they are appointed to
positions ini the government service.
(The titles of all the Acts which have
been ratified . are published on the
second page of this issue of The
Herald and News.)
The Appropriation Bill.
The general appropriation bill has
pass'ed the.house, and -is now in the
senate. The bill enrries an expendi
tur'e of $1,592.686.30. The house re
fas~ed to include in tihe appropriation
bill an item of $12,000 for- the sup
port of 'the Confederate Home, which
has recently been completed and is
now ready for occupancy, 'but inc'reas
ed the appr-opriation for pensions
from -$250,000 to .$262,000. The house
included an item for $50.000 for tile
purchase of sc-hool books for use in
the public seihoo)- of t-he State. The
--proposition to m1a.ke this appr-opria
ition was introduced by Mr. Doar, The
sum of $50,000 is appr-opiated "for
th:e prpose af providi.ng free school
hooks ,to the deserv-ing children of the
State -attending frie-e public schools."
The question of who ar'e dleserving
children is to be determined by the
trustees of ea-eh school distrriet, and
the arnomlb is to be apportioned
among tihe counties of tihe State ae
cording to the enrolment of e&hildren
in free public schools.
The prohibtionis.ts :have not b)een
able to foree a vote in either- .house
on t-he prohibition measures. The op
ponenns of the measures have been
filibustering, and the prohibi.tion ists
4have also been filibustering to force
their bills. The prohi-bitionists have
been seeking i.n the senate to get their
bills made special orders, but the senl
ate refused to make any special or
ders. In ithe house ther-e 'h.ave beenl
some spirited debates on the pr-ohibi
tion measures. On a motion to bIy on
the table a motion to strike (out t-he
enaeting wr-ds of the proshibition bill
the 'house laid the m'otihon to kill the
bill on .the table by a vote of 63 to
54. 'This, of course, was a negative
Sote, a-t.wile the house ,refused tc
kill tiet- bill. ihis dcz not m1edicate
tha.t o1 a mtioniII to pass Ihe bill the
prohibitionists w1ould 1hae the same
muajority. Neitier side seems to be
sure of its 'poSitio.
With ilatters so uisettled, any pre
di(tion as !to wiat vill be doie with
the proiibition measures this week
would be very unsafe. The prohibi
tionists. as has been sta:ted in The
Hera-ld and News, ihave bills provid
ing for State-wide prohibition, and
also measures referring the question
to the people in -an electioi to be
iheld this summer.
There have been some spirited de
bates in 'the senate on the bill, wli-ich
was published.in full in the last issue
of The Herald and News, to investi
gate the cou-nty dispensaries. It is
felt in some qnarters that the bill is
aimed diretly 'at Charleston. An
amendment will be proposed .to this
bill .to investigate dispensaries only
in Those counties whih petition the
governor for an invest.igation.
Whiskey Drummers' Bill.
In connectian with a review of the
prohibition fight and the liquor fight
in 'the general assembly, it may be
mentioned again, as ihas been stated in
The Herald and News, that Senator
Appelt's liquor dr6mmer bill passed
the senate, but so changed that it,
was ai enitirely different bill when it
gat thirouh-so mu.h so that - the
author of the measure himself voted
against it. Mr. Appelt's bill provided
a license of .$5,000 per year in each
county for soliciting whiskey orders.
The bil.l as finally passed was simply
an amendment by Senator Clifton
making it a misdemeanor for whiskey
drummers to solicit orders in this
Senator Ohristensen's bill to pro
vide for an investigation of the State
Hospital for the Insane has created a
great deal of discussion in the senate.
The ;ill as introduced provides for
.the 1holding of secret sessions, and
this provisioii was violently opposed
by some of the s-enators, but the senl
ate refused to s.trike it out. This por
tion of the bill was amended, how
ever, so as to allow the commission
to give ou:t what it might deem wise.
T-he bill is still in the senate.
The Weston bill changing the de
,partment of agriculture, coihmerce
and immigration to .the department
of 'agrieuiture, commerce and indus
tries 'has passed the senate. A meas
uvre along similar lines 'has passed the
hpuse, and ithe result of the session
will be tha.t tahe imm.igration feature
will be stricken from the duties of
The Lien Law.
On account of thie refusal of the
senate to make any bills special or
ders, the bill to repeal the lien law re
mains in its place on ite calendar,
and cann]ot be t.aken up until it. is
reached in regular order.
Governor Ansel last week sent to
the g'eneral asemrbly, with appro
priate messageg, a p)ortr'ait of Gen.
James Connor, 'presented by his wvid
ow; a portrai:t of Gov. W. H. Ellerbe,
p:'esented by his relatives and friends;
a portrait of Gov. M. L. BG ihamn,'
preented by his family; and a por
trait of G3ov. P. M. Butler. presented
by 'his family.
Successor to Judge Hydrick.
IJudgre D. E. Hydriek, who has been
elected associate justice of the su
p rme court, has tendered his resig
n-ation, o: 'ta-ke effect on April 15. His
term~ expires in December. It will be
netes:ar to d.JOOSe a suecessor for
the unexp1.ired term and also for the
term be.2innring in December. Solici
tor Thos. S. Sease, of S.parta.nburg,
seems to be the le:ading candidat-e for
T'he News and Cmarier of this
As dt'e session of the legislature is
drawi*ng to a close there will be some
disposition of most important meas
ures on .the Calendairs.
In the senate the effort to have the
following bill's made special orders
nlaces them in the list of very import
nt measures of AScte-wide interest:
Senator Earle's oil inspection bill.
The :'ente: of the lien laiw measure
jtr,dn1e I i-n the senate by Senator
Mr. (ir.an 'srailranad rate bill.
.\lt. Olis Silte-wide proiition
Mr. W tts 's refer id1m11 measure.
i M r. Lide's refer l'.(111111 bill.
Mr. Carlisle ' bill ti) pr.1hibit wo
ieH1( alltI tclild':'ell itlIi' tlle ages o
I1 Xeni fromn vorking ill e)tton and
Woollen mills bet weeii t'he hour of 7
I. im. and t1he hour of 6 a. mi.
Mr. Clifton's bill to allow Certain
widows. above 65 years of age, to
pa rticipa'te in the pension fund.
Mr. Bass's bill to provide for a fish
and game commissio.
Mr. Bass's bill to provide for the
protectio1 of game. fish and animals
and to provide for a close season.
Mr. Bass's bill ito provide for a. Ii
ense for hunters.
Mr. Bass's bill to provide for the
lwotection of game fish in the State
and to irepeal certain laws relating
Mr. Ba Ws's bill'to repeal the Act re
lating ito prohibiting the destruction
of fox in certain counties of the State.
These last five bills are the Andu
bon Soeiety measures.
TRie Cha':leston county referendum
measure, which will be amended by
Mr. Sinkler so as to provide for tie
election to be held in Charleston. as to
whether liquor zhall be sold or not,
nd, if sold, whether at high license
o-r in dispensaries.
-Mr. Otts's bill to declare the sale of
whiskey a nuisance.
The following bills, which ave iiow
on second reading. a.re also of general
M.r. Croft: A resolution to amend
ithe constitution relating to asskciate
justices. Mr. Croft's resolatiorn is to
submit to a vote of the people (as
constitutional amendment) whether
or not the number of associate jus
tices shall be increased to four. This
resolution had failed three or fou'r
times to secure in ithe senate the nee
essarv two-thirds vote. Btu upon re
consideration the resolution is yet on
the Calendair. Mr. Croft savs that
when the senators are all in their
seats there will be secuired the neces
Mr. Graydon: Relaiting to public
nuisances and t1he abatement "-ereof.
This appertains to the serving of in
junctions in whiskey cases.
Mr. Laney: To furtfher regulate the
running of motor vehicles in the
State. This bill has an unfavorable
Mr. Sin,kler: To regulate the admnis
sion of -lawyers lto practice.
Mr. Wharton: To exempt cuiral free
delivery cearriers from liability to
road duty. Unfavorable report.
Mr. Orosson: To make it a mis
demeanor to spit upon the floors of
passenger coaches and cars. Unfarv
Mr. Wharton zfietaoienifwyep4a i
Mr. Weston: To provide f>r the re
gulation and -control of fraternal
Mr. Weston: To provide for the
organization and regulartioun of mu
tual p)roteetionl associations.
Mr. Weston: To require all liisur
anee companies doing business in
South Carolina to secure their po!''y
Mr. Weston: A bill in refereree to
thie insurance department of this
Mr'. HuhToprovide for: a li
eense of 1 cent a gzallon on liquot. dis-.
tilled in this State. Unfavorable rei
The prohibitioni bills.
There are a number of other bills
of more or less general interest.
VERDICT OF $16,C000.
Lexington Jury Awards John W.
Ross Heavy Damages for Per
Lexington. Feb. 13.-One of the
largest verdicts ever rendered against
a railroad in t:his State for only 'per
sonal inju-ries was awarded John W.
Ross of d'olumbia by a Lexington jury
yesterda::, the amount being $16,000.
This gias been one of the 'hardest
fouht -cases ever' tried in Lexin.gton,
andl ir consumed more tihan three
days. Ross was ,represented by E. J.
Best, assisted ,by W. Boyd Evans and
Lawson D. Melton, of Columbia, and
Messrs. Efird & D)rether and Gra.ham
& Sturkie of the local bar. Messrs.
E. M. Thompson and WV. H. Sharpe
.jSs. it will be I-evalled. w-a4 in tie
_HHi,y )l% t t 11, SouithIIer'i as ea r re
p .aire at le C im1e of the a<eidelit.
Sep-ember 1. 1907. iii the Blanding
sI'reet vardls in CIluIbia. He was
van gh it beneath the cars and badly
iIIjUxevd. The riailr-oa-d put up ti-e plea
that Ross contributed to :his own in
jnry by refusing to obey the rules of
the comipainy requiring all workmen
to put up a blue flag before going
beneath a c-ar.
The d-efendanit's attorneys gave no
tiee of a imiotion for a new trial,
which will be -argaued within the next
Judicial Twelve Sworn in Noted
Criminal Action-First Witness
to Take Stand Today.
NashvIille, Tenn., Feb. 13.-On .next
Tuesday at 9 o'clock a. m. will be
gin the t-rial of Col. Duncan B. Coop
er, Robin J. Cooper and John D.
Shar .charged with slaying Former
Senator E. W. Carmack.
After 20 days of wearisome jury
drawing this decision was suddenly
and somewhat unexpectedly reached
When court adjourned yesterday
the prosecution asked thait. the jury
be not sworn -until the State had a
chance to investigate cha-rges against
two of the jurors. When court con
vened this morning Aftorney General
MeCarn simply said: "We are ready
for the jury to be sworn, your -hon
Repeating the oath after the clerk,
the jurors then swor:
"To well and truly try the issue
joined between the Staite of Tennes
see and the defendants." Then -each
juror kissed the Book in turn. It
was a solemn ceremony, solemnly per
The State next asked several days
in which to gather its witnesses. The
court suggested ithat the taking of
testimony begin at 9 a. m. Tuesday,
and counsel -agreed. Then court ad
journed until Tuesday.
In dirawing for the jury the law
made those -incompetent who had
tal-ked with a witness to the murder
or italked with some one who had
talked with the witniess. On the ap
plication for bail the local papers
printed stenographic rekorts of the
testimony 'of witnesses. T,he supreme
curt had :held that a .newspaper
printting vrerbatim testimony beeomes
a witness wh,o has talked to a wit
ness. Thberefore every one in the
county who read the -testimony be
came ineompetent to 'sit xn thie case as
juror. This eliminated at once the
most intelligent citizens *of t-he coun
Twelve Out of 3,019 Talesmen.
As a 'result it was necessary to
draw five venires of 500 names each
and one of 5319. a total of 3,013, be
fo're t-he jury was secured., Four of
the jurors accepted can neither read
no write and two others understand
English only indifferently. All ex
ept one of Ithe 12 swore he -had not
rad a newspaper since before t.he
killing, a'nd some had not readl one for
10 years; Bierman, the only excep
tion, has been out of the State from
the week before the killingr until the
day he was summoned.
Howz. tehe last man ehosen, was
foreman of the ju-ry in the famous
ox ease. Cox was charged wit.h ,the
murder of a policeman. The jury
found him gniilty of murder in the
first degree but recommended to
:nerey. Judge Hart refused to heed
the recommendation and sentenced
ox to death. Cox had powerful
friends and the night before .he was
t be executed some one slipped pois
n inito -his cell and he committed sui
:ide. Judge Anderson, chief counsel
for the defense in the Cooper case. al
jo defended Cox. The fact that An
irson aecepted H'owz created no lit
The -completed jury. wit:h their ages
E. M. Burke, carpenter, age 47;
:ihert MePherson, farmer. age 49:
. A. Lane, farmer, age 52; W. A.
dicck, farmer, age 28; Ca'spherr
Mtynp, farmer, age 41; J. H. Vaugh
r. farmer. a'ze 49; S. M1. Hyde, far
iner, age 55: G-us Knipfor. farmer,
tre 52: F. 0. Bierman, r'eal estate.
ige 42: J. A. Woodruff. farmer, age
5 Jco F. Ru tige farmr,age 49;
\\lliam l n1wz, larmer. -age 35.
The State has not yet decided up
n ite in peniing the case
lleXt T1esulai. Mrs. Eastman, rli. I
was talking to Senator Carmack when
lie was killv.e, probably will be the
firs. wit-iless. The att-ornevs for th,?
pYroseCLutionu expect :to put in Sunday
and Monday arranging tihe order of
their witnesses. Tihe course of the de
fense will depend .upon that- of the
Interesting Celestial Visitor Expect
ed to Return In 1910.
Astronomers .all the world over are
eagerly awaiting :tihe advent of Hal
ley's eomet, which will be a beautiful
object in -the sky during the spring
and summer of 1910. The history of
,this comet- forms one of the romantie
chapters in the records of astronomy,
and is insepa-rably connected with the
name of Edmuind Halley, :who occu
pies a foremost place among the great
English astronomers of the past.
The grea;t comet of 1862; says the
University Recorder, engaged Hal
ley's -atitention for seve.ral years. He
collected the records of various con
spicuous comets which had previous
ly been observed, and was struck by
certain resemblances in appearance
and rate of motion between the 1682
comet and a comet seen in 1707. An
other record, by Appilan, of a fine
comet in 1531 led Halley in 1703 to
the conclusion that ithese were three
successive appeamnees of one and the
same comet and that this body is a
member of the solar systetm, moving
(like a planet) along an elliptifal path
round -the sun once in about seventy
six years, but in an opposite direetion
t-o that of the planets and with a large
orbit of much greaiter eccentricity.
He predicted that the comet would
next appear 'in 1757 or 1758. It at.u
all,y appeared on Christmas day, 1758,
and was closest to -the sun on March
12, 1759. Halley's comet .appeared
last in 1835, land wa:s calrefullv observ
ed by Sitr John Herschell. As it ap
proaeh-ed ithe sua -its long spre?.ding
tail. as well as its head (coma, aM
inished in size, and it-he comet was
les-s brilliant ithan 'in 1759. It is now
well established ;that comets lose part
of their substance at every -approach
to) thie sun, owing to 'their th.rowving
out long tails, 'and in ,the case of short
period .comeits the time of peri-helion
(i. e. of nearest approach 'to the sun)
is ret.drded, by several hours .at each
sucessive return. The tails appear
to consist of minute particles :repelled
from the sun-perhaps by .the light
and .heat waves.
Of all comets which 'have been ob
served more than once., Halley 's has
he largze.atr orbit and the longest peri
od of revoltion--many comets 'have
been seeni onee only, 'and in some eas~es
the calcu'latiron, of the orbit gives a
period of haundleds of -thousands of
years. H alley 's comet has been re
corded -twenty-five times, the earliest
reliable record being for B. C., 11.
Its alppe:lance in 1066 -is p)i'ontly reg
itered in i:he Norman Chronicles as
evidence of William's divine right to
England, and it is d'epieted in the
Aceording to Prof. Wilson, the con
itions at.tending~ its -nex~t visit will be
similar to it'hose obtraining in 1066, .so
that an unusnally fiine disp)lay is ex
peted. At its furthest t'he comet is
over 3,000.000,000 miles from 't-he sun,
but 'it <wil'l aproach ito within 50,000,
000 miles-, a't presen-t ist is outside the
obit of Jupiter. There is no doubt
tiat, with the improved methods of
petrophotograiph now at the dis
l}sa'l of astronomers, a rieh harvest
f observations will be reaped in 1910,
which will clear up many dispuited
oints concerning th'e constitution and
riin of comets.
Making It Pleasant for Him.
"Gentlemen'' said the toastmas
ter at ,the banquet, ''we have li.itened
' some excellemi orators t,his even
m. and I am sure we .have en.joyed
hieir efforts very mnuch. I 'have pur
;;elv kept 'ne of our best speakers
.r tL kat, and after you'have hieand
ii I know vou -will be glad to goI
home. Gentlemen. I have the honor
o present Mir. Ketehium A. Cummin, 7
.'imll now .addres von."'
ELECTION FOR JUDGE
OF 'lTH CIRCUIT TODAY
SUCCESSOR TO JUDGE HYDRICK
TO BE CHOSEN.
Solicitor Thos. S. Sease and Mr. W.
S. Hall Are The Candi
Special to TNg Herald and News.
Columbia, Feb. 15.-The legislature
has fixed tomorrow as the time for
the election of a. judge of the sevenh
circuit ito succeed Circuit Judge D. E.
Hydrick, reeently elected associate
justioe, whose resignation takes effect
Solicitor Thos. S. Sease, of Spar
tan-burg, :and Mr. W. S. Haill, of Gaff
ney, are the only candidates so far,
though others -have been spoken of.
It is thought here today that Solici
tor Sease will be elected.
The filibuster against .prodihbition
continued in the ihouse this morning.
LAURENS YEGGMAN'S PAL.
Robber, Caught in Jacksonville, Com
rade of Yegg Killed in
Jacksonville, Fla., Feb. 14.-A pro
fessional safeblower. giving his name
as John Simpson of Curtain Bay,
Baltimore, was atrested this morning
at 3 o'clock, while in the act of blow
ing the sarfe in the store of Oharles H.
Burnett, in the heart of the business
district. Policeman Ammons, in
walking his beat, heard a noise in the
store and finding the door unlocked
creut in and was dilreetly over the
safeblower before the latter was
aware of his presence. Scattered
about itibe yeggman on the floor were
nitroglycerine, saws, ehisels, fuses, a
revolver, and -all implements carried
by professional burglars. The man of
fered no iresistance.
Simpson made a confession at po
liee theadquarters, saying that he had
been operating for some time in Jack
sonville, and was a pal of Charley
Silas. :the yeggman who was killed by
the polieeman at Laurens, 5. C. Simp
son said he would -have killed the po
.icemaa this morning, bu he tiought
th,ere w..s more than one of them.
STONES THAT ARE SEm-PRE
Jewels Now Much Worn Are Valued
for Their Symbolism.
Onlty t:hree caut of tihe group of
twelve stones whieh St. John describ
es as garnishing the jasper walls of
the heavenly Jerusalem are now
classed as preeigus-the sapphire, the
emerald and the topaz. In the twen
ty-first chapter of the Bock of Reve
lations he speaks of jasper, sapphire,
!aona:. n.d. s.ardonvx. sar
dius. ehrysolite. beryl, top)az. ehryso
prasus. jacinthi, amethyst. These are
still used but some under other names.
The beryi is now known as the
aquamarine. It symbolizes happiness
and everlasting youth. The topaz of
the ancients was our peridot. It sym
bolizes frienship and 'happiness.
Chrysoprasus, an ornamental stone.
is of a fine apple-green color, some
times spotted with brown. Jacinth.
also known as hyacinth, is a beautiful
hard and( brilliant gem of the mineral
zircon. It symbolizes modesty.
Amethyst is a variety of quartz of
violet color. The ancients imagined
it .to possess the power of preventing
intoxication.--The March New Idea
Woman 's Magazine.
Mount:ain ideas on the general sub
jeet of killing are peculiar, and one
hears odd :things sa:id by the mountair~
men who eome ,to Frankfort. One of
them was5 here the ot'her day to see
about getting a parole for one of his
relatives who was in prison land was
teling about the killing of a man.
" Djid t!hey indiut you for murder ?''
''Oh, no,'' said the man, "'I shot
-ig'ht there on -the spot.''
"Well, but sometimes they indict a
nan for murder even :if he did shoot
i man right t'here on the spot.'" said
he Frankfort man.
"No,'' replied ithe mountain visitor,
'I hothimright there on the spot.
[did not lay behind a log and shoot