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tXL NUBRX7EIEBRY, SOUTH CAROLINAL FRIDAY, DECEMBER 1, 1911.-~~wn,ueim
A "NO BILL" RETURNED
ON FEDER INDICTMENI
FINDING OF GRAND JURY ON WED.
Jury Requested Charge as to Right tc
Consider Expense and Moral and
Shortly after hearing an additional
charge from Judge Gage, delivered it
response to an inquiry as to whethei
they could take into consideration thE
expense to the county and the moral
and social effect of a prosecution ol
Thomas B. Felder, of Atlanta, for brib
ry, the grand jury in the general ses
sions court here on Wednesday morn
ing returned a "no bill" upon the
Felder indictment. 'the jury had had
the bill since Monday morning. It is
understood that there was consider
able division among the grand jury
upon what finding should be made.
From the ouestion asked by the jury
and from other circumstances in con
nection with the consideration of the
bill by the jury, it is Inferred that the
jury looked not alone to the qu,tion
of the proof submitted in support of
the allegation, but took under consid
eration the wisdom of a prosecution.
Attorney General Lyon stopped over
in Newberry for a short timp between
trains on Wednesady on his way to
his home in Abbeville. He did not ap
pear in the court room. In fact, he
reached Newberry after the finding in
the Felder case.
Mr. Fred. H. Dominick, a member
of the, winding-up commission, said
on Wednesday night that he had no
statement to give out in regard to the
The grand jury on Wednesday morn
ing asked Judge Gage whether, in
passing upon the indictment in the
Felder case, they should consider the
cost to- the county and the moral and
social effect along general lines.
Judge Gage in reply to this question,
said tihat this case arose "out of that
terrible experiment which the State
was induced to make some twenty
years ago, and that was an honest ef
fort to make respectable a nefarious
business, that of selling liquor to men.
I trust," he said, "the State has tried
m~at experiment to its heart's con
t4" He explained the charge in the
indictment, saying the alleged crime
was charged to have been committed
six years ago. He said the grand
jury was bound to know the public
history of all these dispensary prose
cutions, and he gave the jury a brief
history of the prosecutions and the
results, naming, amnong the others,
the prosecutions against Boykin, Tow
ill and Evans, the three witnesses on
the Felder bill, the prosecution against
Evans having been brought in the
Newberry court and having been nol
prossed by the State.
With reference to the matter of ex
pense, he said: "If it Is true that Feld
~er offered these men a bribe, and if the
testimony so satisfies you, and if the
testimony satisfies you that this prose
cution is in good faith, to vindicate
the law of the land, you ought to find
a true bill, no matter what the ex
pense is. But, on the other hand,
f the testimony does not so satisfy
ou, if you are not satisfied that the
rosecution is for public purposes, or,
put it differently, if you are satis
fdthat the prosecutton is not for the
ublic good and will not end in pub
lic good, you have a 'wide discretion in
the matter; you can either find no bill,
or you can return the bill to the soli
citor unacted upon, stating to him that
you will not make any finding upon it,
but prefer it to stand until more sat
isfactory proof comes to your hands.
But, above all things, gentlemen, you
should make one thing your pole-star,
and unless you do that you will go
wrong. Put behind you every person
al consideration, and look to the truth
and the truth alone, and plant yoursel
ves firmly upon the truth, and go to
that goal to which the truth leads you.
f you go at it in this spirit and with
this purpose. you are bound to reach
a right conclusion. If you go at it in
,an other spirit you are bound to
fr eac a wrong coiclusion."
SESSIONS COURT ADJOURNS.
Large Volume of Business Disposed
Of-A Number of Pleas of
The general sessions court conclud
ed its business on Wednesday after
noon about 1 o'clock. Judge Gage was
engaged on Wednesday afternoon in
disposing of motions for new trials
brought over from the common pleas
The sessions court disposed of a
large volumne of business. There were
a number of pleas of guilty, which
greatly lightened the burden of the
court officials and the jurors, .nd
which greatly facilitated the work of
Tom Todd, colored, charged with
mutilating a house on the plantation
of Mr. Godfrey Harmon, in the upper
end of the county, the charge being
that he used the wood and logs in a
barn and stables for fire wood, dam
aging Mr. Harmon to the extent of
about thirty dollars, was convicted,
the jury recommending him to
mercy. His attorney, Mr. Eugene S.
Blease, in his argument stated > the
jury that under the testimony he
could not ask for qn acquittal, but
asked the jury to recommend to
mercy, which they did. Judge Gage
imposed a fine of thirty dollars.
Three Months on Gang.
Ed. Worthy, colored, charged with
assault and battery with intent to
kill, the alleged assault being commit
ted upon his wife with a razor, plead
ed guilty to assault and battery of a
high and aggravated nature, and was
sentenced to serve three months.
Worthy's wife was only slightly in
Pleaded Guilty-Nine Months.
Will Young, colored, pleaded guilty
to assaiilt with intent to kill, the
charge being that he shot at a negro,
Harrison Suber, on Broad river.
Young was sentenced to serve nine
-Stole Two Watches.
Johnnie Coleman, colored, pleaded
guilty to stealing two watches from
the stock of T. M. Rogers, and was
sentenced to serve one year.
Verdict of Not Guilty..
Robert Glenn, colored, was tried on
an indictment charging assault and
battery with intent to kill, and was
The State's testimony was to the
effect that after a "crap" game among
some negroes at Trinity (colored)
church, in the Maybinton section,
Glenn shot at a negro, Wood Thomas,
several times without -provocation.
Thomas was not struck by any of the
bullets. Glenn denied doing any
shooting. He was represented by
Eugene S. Blease, Esq.
Little Negro Acquitted of Murder.
In the case of the State vs. Fact
James, the little 12-year-old negro
charged with murder in the .killing
of a negro baby, Flossie Glenn, on
Mr. Pierce Wicker's place, in April of
this year, Judge Gage, at the con
clusion of the testimony and after
counsel had stated that they would
submit the case without argument, di
rected the jury to write a verdict of
not guilty. The testimony showed the
killing to have been the result of an
accident while the defendant and an
other little negro, the brother of the
baby who was killed, were playing
with an old gun which had been dis
carded by the father of the baby. The
defendant was represented by Eugene
S. Blease, Esq.
Negro Woman Sentenced.
Lucinda Glenn, colored, pleaded
guilty to housebreaking and larceny,
ands was sentenced to serve one year
in the State penitentiary. She was
represanted by Eugene S. Blease, Esq.
Stole Pitcher Eidson's Clothes.
Will Harris, colored, pleaded guilty
of housebreaking and larceny, the in
dictment alleging that he entered th4e
room of Mr. A. D. Eidson, at New
berry college, and stole a suit .of
clothes. He was sentenced to the
negro reformatory at Lexington for
For Keeping Disobrderly House.
An indictment was handed to the
grand jury on Wednesday morning
charging Mrs. Mary Ann Spehl and
Katie Spehl with keeping a disorder
ly house. The house in question
ag-ajust which the indictment is laid,
is located out Main street about a
mile east from the public square. The
grand jury returned a true bill on the
indictment. The defendants had been
arrested on Tuesday evening on a
warrant issued by Magistrate J. C.
Sample on the affidavit of S. P. Crot
well. The warrant was immediately
executed by Constables Cannon G.
Blease and Thos. P. Adams. The de
fendants on -Tuesday evening gavle
bond in the sum of $200 each for their
appearance in court. Messrs. L. W.
Jones and Fred. H. Dominick were re
tained for the defendants. Mr. Jones
moved for a continuance, saying there
had been no time to prepare a defence,
and he felt that it would not be in the
interests of justice to force these wo
men to an immediate trial at this time.
Solicitor Cooper pressed for trial,
saying that he felt that the case was of
a nature which demanded an immed
iate trial. Judge Gage said the in
dictment having been handed out just
on the heels of the adjournment of
court, he did not feel under the cir
cumstances that the women should be
forced to immediate trial, and he con
tinued the case. Bail was granted the
two defendants in the aggregate sum
NEWS OF EXCELSIOR.
Rev. Ira. S. Caldwell Preaches Fare.
well Sermon-Farmers Far Be.
hind With Their Work.
Excelsior, Nov. 29.-The farmers
are far behind in sowing grain, owing
to the rain. The farmers will have a
close race this fall if they cet done
with the year's work befo"e Christmas
Messrs. Arthur Lee Wheele- and Ira
Nates, of Columbia, came up and spent
Sunday at their home he -e.
Mrs. William Werts, of Mountville,
is visiting in the community.
Mr. J. W. Watts, of Columbia, has
been on a visit to as brothe:, Mr. J.
Mrs. J. W. Hartman wil g( up t
Greenwood Saturday - spe:id a few
days with her sister, Mrs. George B.
IMr. L. C. Singley, of Ga:7's Lane,
spent a few days in this section~ last
week. Lee looks natuiral and we are
glad to know he is :settig or well.
IMr. John F. Wheeler went over in
Saluda county last w ee to attend the
burial of his brother, Mr. Mariona
The sweet potato cro1 was fine in
this section if they will just save.
Excelsior school n1as recentl*y put
in two good new coal heaters for the
.The Rev. Ira S. Caldwell. who has
been preaching for us hiere the fourth
Sabbath afternoon in eacai month,
preached his last sermnoa Sabbath af
ternoon for the presWr, at least, as
he will soon enter his new field of
work. Mr. Caldwell has given us good
sermons all along, which we hope will
be as seed sown in good ground. Mr.
Caldwell has Inany friends in this sec
tion who .wish him well in his new
field of work.
Dr. and Mrs. E. H. Kibler, of New
berry, came down Sunday on a visit
to his sister, Mrs. A. A. Singley..
BUTLER CEOSEN GAFFNEY M[AYOR
Gaffney, Nov. 28.-The hottest muni
cipal campaign in the history of Gaff
ney came to a close this evening,
when the civic reform movement
achieved a glorious reform triumph by
carrying every precinct in the city,
with the exception of one, Col. T. B.
Buter, leading the reLrorm candidates,
being elected mayor.
This means that there will be a
sweeping reduction in the expendi
tures of the city. The salary of the
mayor will be reduced from $700 per
year to $100 per year, and the salary
of aldermen from 100 per year
to $1 per meeting. The work on
streets will be enforced and there is
Isaid to be a general shaking up of
the, police department slated for an
early date. There will also be estab
lished the office of recorder. In the
race for mayor, Col. Butler carried
every precinct by a handsome major
ity, with the exception of Ward 1, the
THE NEWS OF WHITIRE.
Citizens Decide to Establish Newspa.
per.-Ladies Aid Society.-Per
sonal and Otherwise.
Whitmire, Nov. 29.-Mr. Ivanhoe
Robertson, of Virginia, visited his
friend and class-mate, Rev. Jno. R.
Roseboro last week.
Mrs. J. I. Young, after a pleasant
visit to her daughter, Mrs. Milam, of
Clinton, has returned home.
Mr. Jim Tom Abrams spent thf
week-end with Mr. W. D. Suber and
Mr. F. H. Shealy has returned from
a visit to his mother, Mrs. Della
Shealy,; at Prosperity.
Mr. Arthur Cromer spent Sabbath
here, and with a member of the fairer
sex worshipped with us at the Meth
Mrs. B6nnie Abrams came over from
Atlanta last week and is . spending
some time at Mr. L. D. Abrams and
family. 'or several months Mrs.
Abrams has been visiting her brother,
Mr. B. A. Hawkins, in Birmingham,
Ala., and Rev. W. W. McMorris and
Mrs. Wm. Maybin, in Atlanta, Ga.
Mr. Geo. C. Glsgow and daughter,
Miss Mattie, came over in their fine
new touring car, and spent a day of
last week with Mr. and Mrs. P. .C
Ferguson, in upper Main street.
Mr. S. A. Jeter spent a day of last
week' in Clinton.
Quite a number of our citizens at
tended the sale of the personal prop
erty of the estate of Miss Ann Rice
last week. The sale took place at the
Alex Rice home place'In Union coun
Mr. J. C. Hunter, of Union, Mr. J.
'D. Epps, of Maybinton, and Dr. W. L.
Sims dined with Mr. and Mrs. J. E.
The Ladies Aid society of the Pres
byterian church will give a silver tea
at the manse on Friday eVening, De
cember 1, from 8 until 10 o'clock. The
guests, will be entertained with recita
tions and music, both vocal and in
Miss Kate Hargrove spent the week
end with the home folks in the Cromer
Mr. T. J. Abrams spent the Sabbath
with his brother, Mr. M. E. Abrams.
Mr. and Mrs. S. A. Jeter spent Sat
urday in Newberry.
:We mentioned some time since that
Mr. Albert A. Young, of Chester, was
here soliciting subscriptions, so that
he could establish a newspaper. Last
week a meeting of +.he town council
and citizens was called. The meeting
was well attended. Several enthuias
tic speeches were made. Mr. Z. H.
Suber spok-e representing the citizens.
In his quiet, substantial, business-likeI
manner he showed how the newspaper
affair could be financed. The council
and citizens acted upon the sugges
tions and as the result we expect to
read the Whitmire News next week.
A fine new printing press has arriv
ed, and everything in, connection with
an up to date printing office is being
put in ship-shape in the old drug store
"In unity there is strength."
Miss Jessie Rutherford, who teach
es the school at Mr. L. D. Abrams,
spent Saturday with! her parents, Mr.
and Mrs. Wmn. Rutherford, in New-'
Master John S. Jeter spent the
week-end with his uncle, Mr. C. E.
Jeter and family in Union.
DlR. JAM[ES 31. EUSETON DEAD.
Johnston Loses Beloved and Useful
Johnston, Nov'. 28.-The town was
shocked a.nd grieved this morning,
when the news spread around that Dr.
James Martin Rushton was dead. Dr.
Rushton had been in declining health
for some months, but no one dreamed
that the end was so near. The town
is called upon to pay the last tribute
1to a most valued citizen, who was ac
tive in lodge, church and school work
His last work on Saturday was in the
Iinterest of the Johnston high school.
He was chairman of the board of trus
tees and gave annually a handsome
prize. He held the office of past chan
cellor in tihe local lodge of Pythians~
an mwa, a member of the committee
The graded schools of our town ha
been in session for two and a ha
months; and a brief report of tl
work thus far is here submitted.
Opening on the 18th of Septembe
with six new teachers taking the
places (one in Hoge school and ti
other five in the white schools) tl
work has all along been of a high an
satisfactory order, and not a sing]
difficulty of a serious nature has oi
curred to hinder the progress of tl
school work. It is a plain statemei
of fact-and deserves to be said-th
all the teachers in each school ai
absolutely united in their efforts i
get the very best results. Harmoniou
painstaking, and patient work is b(
ing done nowhere more effectivIely tha
right here in our own schools. Thi
work is telling upon the generi
scholarship, and discipline of th
schools. The honor roll for the tv
past months shows a marked increas
Total number enrolled........
Average daily attendance... ... ....
Average number of pupils enrolled to
Average number of pupils attending
Total number enrolled ... ... ... -
Number of tardies... ... - ... .
Average daily attendance... ... ...
Per cent. of attendance... ... ... -.
Average scholarship... ... ...... --
Number corporal punishments.t.
Per cent. of tardies on attendance
Average number of pupils enrolled to
Average number attending to a teac
Total number enrolled... ... ... -.
Number of tardies...........
Average daily attendance.......
Per cent. of attendance...
Average scholarship... ... ... .. --
Number corporal punishments... ...
on ways and means in the grand lodg
In church work he was a steward i
the Methodist church and active i
Sunday school and Epworth leagu
work. His age was 42.
Dr. Rushton was much beloved. H
had a large practice. He came t
Johnston ten years ago. He leaves
widow, who was Miss Octavia Crouch
his mother, Mrs. Tibalha Rushton; on
brother, Pierce Rushton, of Rushton!
a.nd four sisters, Mrs. Mat Barr,c
Rushtons; Misses Anna Bess, Era an
Jessie, of Johnston. The school wil
suspend and attend the burial in
body, also the lodges. The intermien
takes splace tomorrow. Wednesday, a
3 p. mn., in Mount Olive cemetery, i:
Johnston. The fioral tributes wil
doubtless surpass anything ever see:
in Johnston, showing the high esteer
and prominence in whieh the deceas
ed was held.
For Good Boads.
Washington, D. 0., Nov. 28.-Tha
the good roads movement was give:
most effectual impetus by the South
er Railway's road improvement trair
which made a sweeping tour throug:
Alabama, Mississippi, Tennesse<
North Carolina, Virginia, South Carc
lina, Georgia and Florida betwee
May 1 and October 27, is indicated I:
figuifes summarizing results of th
campaign just made public. In tn
period of six mnonths ,during whic
time from one to three demonstration
were given daily, the experts accon
panying the train instructed near]
50,000 people in the art of buildin
good roads and keeping them in re
pair. The train travered a distanceC
nearly 13,500 miles, stopping at 25
towns which were located in 20
:ounties. The attendance at the va
ious meetings ranged from a litti
less than 100 to over 1,500.
rhe methiod used in showing th
people the advantages of good road
not only afforded an opportunity fo
them to secure a practical educatio)
on the subject of highway construCtio>
but was so unique as to form a soure
of real entertainment for those not di
rctly interested in the movement. Th
train consisted of three coaches, tw
of which were specially fitted up fc
demnstaton: One contained work
e for the better.
If While we feel that much has bee
Le accomplished, we know that much
more remains to be done, and 'in the
r, work still ahead of us we ask the
ir hearty cooperation of all our people.
Le Teachers and trustees alike appre
Le ciate all the kindness and encourage
d ment that have been given, and In or
e der that the most good may be accom
- plished during the remainder of the
Le school year we plead for a still closer
it, union of the homes and the schools.
it The schools are open for visitors from
e the first bell in the morning till the
o the closing bell in the afternoon.
9, There is no time during the day that
0- visitors are not welcomed, and that
n they will not be shown every p ssible
s courtesy and attention; and it Is hard
,a ly likely that a visit will not be both
e profitable and enjoyable.
o 'Below are a few statistics that are
e worth examining:
Male. Female. Total.
.... ... ..... 437 538 975
.... ... ..... 386 456 848
a teacher... ......... 41
to a teacher...... ... 36
Male. Female. Tots.
...........306 339 645
. . . . 16 18 34.
....* ... ... ... 276 294 .570
0.... ... .... 94 95 94%
... ,... ... ... 81% 82 81%
..-. -.. ... ... 6 ... 6
a teacher. . ...0...... 36
Ner... .... ... .. ... ... 32
Male. Female. Total.
0.... . .. ..131 199 330
.... ... .. .. 15 21 36
.... .... 116 162 278
.... ... ... ... 89 81 85
.... ... ... 79 82 80%
...........11 6 17
. ing models of good roads showing the
n various materials used in construction,
n miniature road machinery shown in ac
e tual operation, and enlarged photo
graphs showing every phase of the
e good roads problem. The other car
,a was equipped with a stereopticon and
a Illustrated lectures were conducted by
.government representatives, showing
in a v'ery striking manner the advan
,tages of good roads over had.
f In some of the counties visited the
d interest aroused. by the train was
1 such that the people went actively to
Swork improving their roads, voting
.t for bond issues and employing engin
teers to give skilled supervision. A
1 representative of the American Asso
1 ciation for Highway Improviement ac
companied the train for a portion of
a the trip and efficient work was done
. in organizing branches of the associa
tion in many of the counties.
The Southern railway handled the.
train without charge to the govern
jment or the people in the belief' that
greater prosperity will result from the
construction of improved roads in the
South. Without a single exception the
work of the road- improvement train
1was most heartily approved and In
every town there were heard unquali
ded expressions of the value of the
work and pliblic spirit shown by the
Southern railway in bearing the ex
XAEES SECOND ESCAPE.
y Washington, Ga., Nov. 28.--Hand
cuffed and tied with a rope, T. B. Wal
. ker, a negro, who was being brought
,f here from Augusta, to be hanged to
morrow morning, escaped from Sheriff
Bobo and two deputies at Barnett, Ga.,
-tonight. Bloodhounds were 'ushed to
Barnett and a special train carrying
a hundred armed men went from here.
Bullets were sent after the negro, but
he outdistanced the pursuing omEcers.
This is Walker's second escape
nfrom impending death. A month ago
She was in the hands of a mob on the
way to a suitable lynching place, but
- escaped, a hundred bullets failing to
e bring him to earth. Feeling, which
> was high when Walker killed Charles
r S. Hollenshead, a white merchant, a.
month ago, is again very high.