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VOL XLVI1 NO. 21 NEWBERRY, S. U.. FRIDAY, MARCH 12.1909. TWICE A
RIGHT TO REJECT CHILDREN.
From Graded School After Term Be
gins in Court-Mandamus
A matter which has been discussed
for sometime in the town of New
berry, relating to fhe enforcement of
a rule of the trustees of the Newber
ry graded schools is to be heard in the
courts soon. Some years ago the board
blished a rule that after the 15th
day of October of ,each scholastic
ear no pupil who was unprepared
for the work of some one of the grad
es would be admitted to the schools.
This only affected the very young
children, generally those who have
ver gone to school before, and more
aXen those who have become six years
of age after the schools have opened.
At various times a number of chil
dren have been refused admission be
eause of the rule refered to. The
sehool authorities established this
rale for the reason -that children com
ing in at all times during the session
to ibe entered into the* first grade
would be a hindrance to the work of
that grade, it being necessary for the
teaher of the grade to hold back the
other pupils for those who were not
advanced sufficient to keep up pro
perly with the work.
A short while since the little child
of Mr. Oscar W. Roberts applied ior
admission, the little one -coming to
Newberry to reside sometime after
r the schools opened, and h-ad never
gone to school before. Acting under
the rule of the board of trustees re
ferred to, Prof. Stuckey, the super
intendient, refused to admit the lit
tle girl. Mr. Roberts retained Eu
gene S. Blease, Esq., to represent him
in the matter, and a petition has been
presented to Judge Prince for a writ
of mandamus, requiring the superin
tendent to admit the child imto the
school. A rule to show cause has
been issued by Judge Prince, and the
matter will likely be heard next week,
!he 16th being set. The petition and
order of Judge Prince are given in
full herewith. The proceeding is
rather in ithe nature of a friendly
suit, it being conceded by both sides
that. there is some question as to the
rule of the board of trustees being
legal, and it is well for the matter to
Sbe final-ly determined. It is said that
alnost all of the graded schools in
the State 'have this same rule in effect.
Mr. Blease who is bringing the ac
tion for Mr. Roberts is familiar with
the school law and has always taken
an aetive and unselfish interest in all
echool matters. He served efficiently
Ks cunty superintendent of educa
fa 'oir Saluida county and later
when he was senator from that county
was a miember of the senate commit
tee on education.
'DThe following are the petition and
Sthe order of Judge Prince to show
PETITION FOR WRIT OF MANDA
STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRY.
Osca'r W..Roberts, Petitioner,
William A. Stuckey, superintend
ent of the Newberry Graded Schools,
Court of Common Pleas.
Oscar W. oRberts, the petitioner
above nam.ed, petitioning to this hon-.
orable court, would respectfully show:
First. That the petitioner is now,
and for several months has been, a
resident of 'the town of Newberrv.
and of Newberry school distri-et, in
the county and State aforesaid: that
petitioner is .a member of the white
race: t.hat for many months petistion
er has had, and now has, residing with
him, in the place aforesaid, his in
fant daughter, also a member of the
white race, -now eight years of age, to
wit, Ellen Roberts.
Seerand. That several years ago
there was establ.ished in the said New
berry sc-hool distriot a system of free
graded schools, with a school for cil
dren of the white race and one for
children of the colored race, the same
being established in pursuance of an
act of the general assembly of the
State of South Carolina, entitled
'An aet to establish the Newberry
school district, to authorize the est.ab
sm-nt offe radeAd schools there
in, and to provide the means for the
efficient management of the same,"
approved the 23rd day of December,
1889; that the said free graded
schools have been continuously kept
open and maintained during each
scholastie year since the establish
ment of the same; that the said free
graded schools have been, and are
now, maintained and supported from
moneys derived from the levy and
collection of the three mill tax for
public schools, levied and collected by
the proper authorities of Newberry
county during each and every fiscal
year as provided for in Section 6 of
Article XI of the constitution of the
State of South Carolina, from the poll
tax fund, and from moneys darived
from the levy and collection of spe
eial taxes for the -maintenance and
support of the said schools upon the
property located in the said school
district that is subject to taxation.
Third. That .this petitioner is. in
forired, believes and alleges, that the
school set apart for the benefit of
the white children of school age with
in the said sh'ool district was opened
for the present scholastic year on
some day in the month of September,
1908; that, with 'the exception of a
few days, the same has been constant
ly kept open since the said time;
that ithe same is now open and being
conducted, with several hundred
white children now enrolled therein
as pupils; and that the said school
will continue open and in session un
til about the first day of June, 1909.
Fourth. That, as this petitioner is
informed and believes, William A.
Stuckey is now, and for sometime, has
been, superintendent of the said the
Newberry 'graded scbools, and, as
such superintendent, has been, and
now is, in charge of the books, re
cords and office pertaining to the said
position of superintendent; that he
'has been, and now is, diseharging the
duties of the said position, and, as
such superintendent, he is authorized,
empowered and required to admit in
to the said schools the children of
chool age, residing in the said school
Fifth. That on or about the first
d-ay of November, 1908, the petitioner
caused lb-is said child, Ellen Roberts,
to apply for admission and enroll
ment as a pupil in the school set apart
for the children of the white raee in
the said free graded schools of the
said Newberry school district. That,
as t-he -petitioner is informed and be
li'eves, the said Ellen Roberts was de
nied a:nd refused- admission and en
rollment as a pupil therein by the res
onde-nt, or some one of the teachers
of the said school, acting for the said
respondent and under his authority.
Sixth. That on the 4th day of
March., 1909, the petitioner, in per
s-n, presented hris said c-hild at the
said school for white children, and
demanded that the said~ respondent
admit and enroll her therein as a pu
til. That the said respondent denied
v-our petitioner the right to have his
said child so admitted and enrollad,
and refused to accept her as a pupil
in the said school.
Seventh. That the petitioner is in
formed -and. believes that the acts and
conduct of the said respondent as
hereinbefore alleged are contrary to
the provisions of the constitution of
4he State of South Carolina, and the
tatute la-ws of the State, providing
for the establishment, m-aintenance,
support, c-onduct and regulation of
t.he free public schools of the State of
South Caro}inia, and contrary to the
act of the general assembly of the
St-ate of South Carolina referred to
in the second paragraph ~hereof, and
-the acts -amendatory thereof, and that
the said respondent, by his acts and
ond-net aforesaid, it depriving your
oetitioer of his legal rizht to have
hi said child admitted and enrolled
in the aforesaid school, and, thereby
ijuing the petitioner.
Wherefore, petitioner humbly prays
this honorable court to forthwith is
sue a writ of mandamus, odregnri
sue a write of mandamus, ordering,
cma nding. .compe.lling and requir
ing the said respondent, William A.
Stukey, superintendent of the New
berry graded se.hool, in Newberry
-hol distriet, in th county and
Stte aforesaid, to forthwith admit
and enroll the said Ellen Roberts as
a poil in the school of the said the
Newberry graded schools set apart to
-th childrn ef the white reae. I
And your petitioner will ever -bum
Oscar W. Robert.
Eulgene S. Blease,
Attorney for Petitioner.
Newberry. S. C., March 9th, 1909.
Personally appeared. Oscar W.
Roberts, who being duly sworn, says:
That he is the petitioner named in the
foregoing entitled proceedings, that
lie has read the petition herein, and
the matters therein set forth are true
of the deponent's own knowledge, ex
cept such matters as aire herein set
forth upon information and belief,
and as to those, this deponent be
lieves the same to be true.
Oscar W. Roberts.
Sworn to before me the 9th day of
W. A. McSwain, (L. S.)
Not. Pub. for S. C.
Rule to Show Cause.
Upon dire consideration of the veri
fied petition of the petitioner herein,
upon mot-ion of Eugene S. Blease, at
torn-ey for said petitioner,
It is hereby ordered and adjudged
that the respondent, William A.
Stuickey, superintendent of the New
berry graded schools, do show cause
before me, if any he may have, at my
chambers, at Newberry, South Caro
-ina, on Tuesday, 'the 16th day of
March, 1909, at 11 o'clock in the
forenoon. or a.s soon thereafter as
counsel may be heard, why the pray
er of the petitioner herein for a writ
of mandamus, orderino, commanding,
compelling and requiring the said re
spondent to forthwith admit and en
roll the petitioner's child, Ellen Rob
erts, -as a pupil in the school set apart
for children of the white race in the
free eraded schools of Newb6rry
school district, should net be granted.
Let a copy of this order and the
verified petition therein be forthwith
served upon the respondent.
Geo. E. Prince.
Cirecit Judge, Presiding in the Eighth
La.arenso, S. C., March 10, 1909.
M. C. Butler.
To that gallant soldier, patriotic
statesman and delightful gentleman,
M. C. Butler, on the 73rd anniversay
of his birth, long life, good health and
Much history 'has been written since
M. C. Butler first saw the light, on
that beautiful hillside at the foot of
the Blue Ridge, and in the making of
history he has pliayed a conspicuous
and an .honorable part. Among the
first to volunteer in 1861, 'he attained
a rank which few of his years could
hope to reach, a.nd that only by worth
and gallantry. After that struggle he
was foremost in u'pbuilding what had
been laid waste, and his services again
received their due reward in a still
later stru.ggle, he was ehosen, as the.
representative of the South 's. soldiery
for high command in the army of a
The battles of youth are over now,
and this soldier, statesman and gen
tleman has reached -the age where he
seeks only peace and comfort. May
he find bothi in their richest fulness.
Letters remaining in postoflee at
Newberry, S. C., for week eniding
March 6, 1909.
Mr. Jeramy Brad'ham, Mr. J.' E.'
Brenan, Mr. George Borris, Miss
Zamrnmin.a Bryon, Mr. M. H. Brown,
Miss Emma Buzzard, Mr. Harry Bur
Ed Cald vell, Mrs. Myra Conady.
Mrs. L. C. Fulaton.
Thomas Gilliam, G. W. Haumay,
Miss Minnie Hill.
Mr. Nathan B. Johnson.
Mr. H. A. Langford.
Mr. R. C. Martiny, Miss Clara Mar
harl.l Mrs. Mandie Mabon.
r. Pur'dy Pasehal, Miss Edna E.
Pnl, Miss Mary Prishy.
Victoria iRee, Mr. Sam Robertson.
Miss Lillie Suber.
Mr-s. Minnie Timmerman, Mrs. Car
ie L. Tribble, Mrs. Isabel Thomas,
Mrs. Sam We'rts, Mr. an:d Mrs. W. R.
All persons calling for these let
ters will please say that they were ad
C. . Pnrcell P. M.
THE PINSON CASE.
Trial Started Yesterday at Laurens
Killing of Young Boyce by His
Special to The Hera.Id and News.
Laurens, March 11.-Cothran Pin
son was placed on trial here today
charged with murder in the killing of
Thornwel.l J. Boyce, while the two
were in a buggy with Miss Mary
Brown, returning to Cross Hill from
a party at Mrs. E. L. Leavell's home,
in Newberry county on the night of
November 6 of last year. Both were
young men of promiuent families,
and had been close personal friends,
and th!e tragedy was a great shock to
the people of this county. The case
has created great interest not only in
Laurens county, but throughodt South
Carolina, and the court house was
packed when the trial was entered in
to this morning.
The principal witness for the State
was Miss Mary Evelyn Brown, daugh
ter of Mr. R. W. Brown. She had
gone to the party at Mrs. Leavell's
with Mr. Pitts and Miss Dobbins, and
started home with Pinson and Boyce,
Boyce sitting in Pinson's lap and
driving. When they were about a
mile up the road, said Miss Brown,
she detected that Pinson had been
drinking, and she asked Boyce to let
her out of the buggy on account of
Pinson's lanugauge, but Boyce told
her he thought Pinson would be all
right directly. During their ride home
she said, Pinson pulled -his, pistol out
of his pocket and said lie was going
to "shoot like hell," and she and
Boyee both asked him not to shoot,
to which he replied that he didn't
usually give a -. She said.he did
not finish the sentence. Pinson, she
said, then fired tiwee to the right,
and she then indicated how he held
his pistol when he fired the third
time. Boyce fell out of the buggy
shot in the back of the head, the bul
let entering about an inch behind arid
about two and one-half inches above
the external ear on the right side,
ranging upward and slightly fqrward,
and coming out about an inch and a
half above the entrance. Misss
Brown after the shooting jumped out
of the buggy and ran to the home of
Mr.. Jim Hill, where she said Pinson
later called her out and told her, "I
ddn't shoot Thornwell; he shot him
self.'' She testified that her reply
was, "Yes, Cot'hran, you did.'' Miss
Brown testified that one other shot
was fired after Boyce was shot and
after she jumped out of the buggy.
Miss Brown said that so far ast she
ould discern Boyce appeared to be
The State also offered testimony
for the purpose of showing that Pin
son had been jealous of Boyce at th'e
party that night, the theory being
that this jealousy was inflamed by
whiskey. Even if there was no ina
lie, however, the attorneys for t.he
State contended that Pinson being en
gaged in .the unlawful aet-shooting
in the public highway-he was at
least guilty of manslaughter.
The defendant said he and Boyce
had gone to the party together, being
t-he best of friends, and on the road
home, with Miss Brown in the baggy
with them, Boyce pinched him and
whispered to him to shoot; that he
pulled out ibis pistol and started to
shoot, whereupon Miss Brown and
Boyce both told him not to shoot, but
that Boyce pinehed him again to
shoot and he shot twice; t;hat after
shooting twice this pistol hung and he
then shot the third time; that his pis
tol hung again, and he was pullin~g
back the hammer and trying to re
volve the cylinder when the buggy
wheel dropped in.to a rut or ran over
something, accidentally dischargmig
the pistol. He said he di4.not shoot
after Boyce was shot. He said that
*he and Boyce had taken three drinkL
ach that night.
Considerable other testimony was
offered by both ,ides to support the
The case wili be given to t.he jury
ome time this afternoon.
Jno. K. Aull.
Philadelphia or Herculanleum?
"You poor boy, did you fall into
"Naw! I was lying here and they
dug dwn to me.''-Louisville. Her
THE NEWS or PROSPERITY.
City Council Buy Piano-Newberry
College Minstrels-Old Folks
Prosperity, March 11.-Mr. Tom
Thompson spent Sunday with his
Mr. Joiha Cureton and son, Mr.
Clarence Cureton, of Greenwood,
were the guests of Mr. L. S. Bowers'
family last week.
Mr. Wilson, of Newberry college'.
visited Mr. Clifton Kreps last week.
Miss ~ Leila GToseelose returned
Monday to her home at Eirhardt's.
Mr. Cecil Wyche is ai- home.
Misses Julia Schumpert and Annie
Singley have returned r PI a visiz
to friends in Newberry.
Mr. Alonzo Black has h.- ught the
Haimen home in MeNary street and
will move into the same Jh t weel:
The many friends of Mr. H. C.
Moseley will be sorry to i'sarthat he
i. not gaining strength. I is con
fiU to his bed the greater part of
te time. Mr. and Mrs. KosZley ate
e :1 in Savannah.
The city fathers have covered them
seives with glory by buying a h1-%ad
some piano for the auditai u: This
has been a long fel". want-a keen
w.nt. If they are not already suffi
cnt.y repaid and properly thanked
for their generous deed we extend
many and hearty thaa& through
th(e - nmns. May thcir shadows
never grow less.
And Billy Possum has succeeded
Teddy Bear! Have you seen the cute
"billikins.'' Are you wearing the
latest scarf pin?
A sad death was chronicled here
Saturday. The infant daughter,
Mary Elizabeth, of Mr. and Mrs.
David Ham, gave up its little life af
ter more than a year of suffering.
Its remains were laid to rest in the
Prosperity cemetery Sunday. These
young and sorrowing parents have
Mrs. Buck has gone to Ehrhardt to
visit her daughter, Mrs. Groseclose.
Mr. Alonzo Black returned Thurs
day from the northern markets where
he has been supplementing his, stock
and buying a line of millinery. Miss
Addie Werts has acepted a position,
with Mr. Black and will assume her
The Newberry College Minstrel
Wednesday evening was greatly en
joyed. The boys acquitted themsel
ves with credit to their alma mater
and trainer. The songs and jokes
"hit the spot'a~and produced the de
sired results-namely, laughter and
Grace Missionary Socie.ty will ob
serve the. Lenten Week of Prayer, be
ginniing March the twenty second.
The ipeetings will be open to the pub
lie. Afternoon and evening meetings
Mr. and Mrs. Addie have moved in
to the Kinard house in Calhoun
The Old Folks' Concert Friday
evening was a success, financially,
lyrically, artistically. No one dream
ed that such splendid ancient cos
tumes were reposing in t.he old hair
loth trunks. Atties. are. sometimes a
revelation. One girl there was who
seemed to have stepped from some old
daguerreotype. Others there jae
who were equally as striking. Sever4
gentleren recalled all the pictures
we had ever seen of the gallants of
colonial days. They were there in
all the quaintness of knee-breeches,
ruffled and lace trimmed linen, broad
buckled slippers and powdered wigs.
The old songs were sweet and feel
ingl'y sung.. The orchestra was well
applauded. The leader was so im
posing in his long tail blue that some
thought our new president had come
t grace the occasion. Can you guess'
wh he was?
Mr. J. F. Browne has entirely re
covered his health and will return
home in a few days and resume his
duties in the bank.
Miss~ Ethel Barrymore. the actress,
will be married in Boston, on Sunday
next, to Russell Griswold Colt, older
sn of Conone.l Samuel Pomeroy Colt,
of Providence. R. I., president of the
United States Rubber company. The
ceremony will be very quiet. Miss
Brrmore will continue on the stage
an,til next summer at whi-ch time she
an Mr. Colt will go to Europe.
NEW TELPHOE LINE.
Another Line in the Rural Districts
From Prosperity-List of
A new farmers telephone line fur
nishing servie to 7 parties will soon
be connected with the Prosperity ex
ehange of tfe Southern Bell com
pany. The contract has been accept
ed by the Bell company and the eon
nection will be made at an early date.
The construction of this line is the
result of the activity of the rural resi
dents of this section in the matter of
seeuring telephone service in their
ihomes. This developoment is of parti
cular interest and advantage to the
merechants, business men and other
residents of Posperity enabling them
to reach people who would otherwise
be unable to tranaeet business in
Prosperity except when the visit the
Among -those conneeted on this line
J. 0. Moore, W. F. Lester, Geo. Les
ter, Geo. Vaughn, J. W. Taylor, J. W.
Metts and A. H. Hawkins.
This line wil be conneeted with
Prosperity except when they visit the
Southern Bell eompany whereby far
mers and other rural residents may se
cure telephone service on an econo
mical basis. Tihe subscribers have
the long distance lines of the Bell
System constantly at their disposal
and may reach all parts of the coun
try withwit the necessity of leaving
A Strange Dream.
One of the patrons of Rural Route
No. 1 had a strange dream the other'
night. He dreamed he died qnd went
up a straight -and narrow w4y . to t4e
gate of Heaven. He knocked on the
gate and St. Peter opened the wicket
and asked him what church he came
fiom? He .told St. Peter that he
came from Trinity. St. Peter told
hiim there -were people there from
Trinity. St. Peter then asked him,
wnat was his name. He told his
name. St. Peter said that was a good
name and that there were a number
of that name in Heaven. St. Peter
then asked him what Rural Route he
lived onit He said Route No. 1.
St. Peter tben -asked him if while
in life he bought stamps to put on
hiis letters or did he put pennies in
the box. He told St. Peter he always
put peninies in the box.
Situare near the gate of h'eaven ~ju.t
aross the way was the gate of hell.
St.'Peter cailed to his Satanic Ma
jesty to send an imp of hell for the
fellow. Tdb: imip came immediately
with a sharp piteh fork in his hanld,
and dirove shim to the gate of hell,
which immediately open~ed, and his.
Satanic Majesty met him with a
smile, and told him, he had a special.
punishment for the penny people.
Jbst .in front of him was a large
mail box full of red hot pennies.
Satan told him his occupation in
bell was to pick out of that mail box
the red 'hot pennies for ever and ever.
The patron awoke from his gream,
the prospiration was pouring from
The next morning when the Car
ier came along and blew his whistle
this patron came running to his mail
box with 'a dollar bill in 'his hand and'
bought a dollar's wort'h of stamps.
He told the Carrier of his dream
and said he would never put pennies
in the box for 'the Carrier to pick up
Now, dear patrons, did you ever
think for a moment how mneh trouble
this penny nuisance gave your Car
rier. Some days I get 100 pennies,
they have to be picked up one by one.
Some get into a crack at the bottom
of the box and I have to take my
knife and prize .them out. Some fall
to the ground and I .have to get out of
the buggy and scrateh till I find them
or pay the postage myself.
Now, dear patrons, give this mat
ter a serious consideration and I am
atisfied that the pieking up of pen
nies by 'the carriers (except in a few
cases) 'l be done away with.
Carrier Route No. 1.
Little Jenkins-Yes, I am a self
Big Williams-Tbat so? And what
did you do in all your spare time?f