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1 VOLUME LI., NUMBER 20. - NEWBERRY, SOUTH CAROLINA, TUESDAY, APRIL 1, 1913. TWICE A WEEK, $U0 A YEAR.
i DEFENDS SOLICITOR;
Mcprv m ptenoN
V 1V1JU11V1 U11V Iiuurv*.
S THE WILL MARSHALL CASE AND
f OTHER MATTERS.
The Course of Solicitor Cooper DefeDded?The
Xewberrian a Delegate.
Special to The Herald and News.
Columbia, March 31.?n is ucan cj I
I here to say a word in behalf of SoliLa
citor Cooper, ift reply to criticisms of
W his course in accepting a consent verI
diet in the Will Marshall case, at NewI
berry, which criticisms hav-e recently
I appeared in the Newberry papers. Dr.
I James Mcintosh, in a communication
Jin The Herald and News and tne udserver,
has seen fit to censure the solicitor,
and Mr. R. H. Greneker, in
I his afways readable paragraphs in
The Herald and News, has commended
Dr. Mcintosh upon his communicaW
tion. In other art*c1es in the Newv
berry newspapers and in the Newber^
ry correspondence of the Columbia
State this case was set" over against
r the Will Goggans case, in which the!
' defendant was sentenced to pay the
death penalty, and by indirection the
solicitor was censured.
What are the facts in the Will Marshall
case? Will Marshall, a negro,
m killed two negro women. This killing
occurred at Helena just on the
eve of court. There was only one
eye-witness available, and he was
some distance from the parties, in I
the night time. The dying declara- j
tion of one of the women who was
killed indicated that the defendant
who did the killing and th-e two negro
women were under the influence of
whiskey, and, in view of the characW
ter of the two women, and all the cirattpndins:
the affair, the
solicitor felt satisfied a jury would I
recommend the defendant to the
mercy of the court, and for that reason
only he consented to the verdict.
Will Goggans, a negro, was charged
with the assassination of a white
man. In that case the jury remained
in its room Ijor several hours before j
reaching a verdict, .and it is under-j
V stood that the question which kept
SjP them bo long was a difference among
* the jury as to whether or not they
should recommend Goggans to mercy.
Xo man is perfect, but in the seven
and a half years I was officially connected
with Solicitor Cooper, and
thrown closely with him in the discharge
of his duty, if he ever failed
to do his whole duty as he saw it 1
did not know it. The position is at j
best very trying; it requires ability I
and it requires courage, bit I believe
1 Mr. Cooper's record will show that he
f has measured up to every requirement.
Solicitors are usually charged
with being "blood-thirsty," and this
charge Solicitor Cooper has not escaped.
It is rare that the charge of
hpine too merciful is brought against
? - c?
them. As matter ot ac% in Us last
analysis,' the charge really carries a
f * * *
L It must be very distasteful, to say
P the least, even to those upon whom
I the law imposes the duty, ^to's-entenee j
a man to die, and it is passing strange I
to hear a protest from gentlemen I
when a negro, witn :he consent of a!
solicitor, is not doomed to die, even
though he be doomed to serve the re- j
( iiiainder of his life at hard labor?
i facing the muzzle of a gun all day
m while he works in summer's heat and
W winter's cold, in stripes and chains,
' and locked in a lonelv cell at night
or chained in a convict camp.
* * *
| There is a great hue and cry these j
days that violators of the law are not
sufficiently punished. In South Carorlina
of late professing Christians
h&ve held up their hands in holy horror
at the freqi^pc exercise of tne
r. power of executive clemency. Nobody j
with the proper social instinct would j
pF contend that executive ciem-ency
should be exercised to the detriment
of society, but there is more danger to
society today from the -extremists?!
not to say fanatics?who raise a cry j
for the blood of every man charged j
\ with crime than there is from those j
\ who are disposed to show mercv. It!
. \ -":ii" ~ 7
man may determine the question for
himself. An extremist is an extrem
ist and will always be an extremist,
and if convinced is "like a woman convinced
against her will, of the same
opinion still." t
* * *
When Governor Blease first went
into office and began to fight the hosierv
mill at the Sj Carolina peniten
tiary he was charged with wanting to
make beds of roses for th-e criminals,
Governor Blease kept up the fight,
and continued to show up the conditions,
and when the State senate voted
upon wiping out the mill at the past
session of the general assembly, there
was only one vote against the measure
in that body?the vote of the senator
* * *
The fundamental law of South Caroline,
the Constitution of the State, in
defining the duties of the governor,
says that "he shall take care that the
laws be faithfully executed in mercy."
The abolition of the hosiery mill at
th-e State penitentiary and the establishment
of a parole system has carried
out both the letter and the spirit
of this provision of the fundamental
law. Nobody would contend that a
* 1 - ? ? ? ^ f Via
man should be turned loose uyuu mc
State who would prove a menace to
the State; and, on the other hand, no
right-thinking man will contend that
the object of punishment is solely to
punish the offender. The protection
of society and the reformation of the
offender?the making a good citizen
of one who has deviated from the path
nf rectitude?is the object of the law.
"He shall take care that the laws be
faithfully executed in mercy"?not
that men who have trespassed against
th>e law shall b-e made worse men
than they are, if it be within the power
of the law to make, them worse?
"but that the laws be faithfully executed
* * *
The late Senator Robert L. Taylor,
who was conspicuous as governor of
Tennessee, is said to have had his
faults, and I suppose he aid. for no
man is perfect?no man here below.
As governor of Tennessee Mr. Taylor
made frequent use of the pardoning
power. Whatever his faults, he was
a man of great heart and a man of
erpat soul?a man whose heart throb
bed in sympathy with the common
'every-day woes of his fellow-man, and
a soul which was attuned to the harmony
of the universe. In a memorial
address in the house of representatives
of the United States congress
not long ago the Hon. James W. Collier,
of Mississippi, quoted the late
Governor Taylor's defence of his pardon
record. It is a very beautiful de"
3 + Vi o roariPTK of
lence, auu naps mv ?
The Herald and News might like to
read it again, though it may be familiar
to most of them. On-e who has
been associated with a governor's office
will know that the picture is not
overdrawn. It is as follows:
"I saw an aged mother, with her
white locks and wrinkled face, swoon
at the governor's feet; I saw old men
tottering on the staff, with Droken
v.?orf^ and tpnr-stained faces, and I
JJLttti LO Uuu w? - ? ,
heard them plead for their wayward
boys; I saw a wife and several children,
clad in rags and barefooted, in
midwinter, fall upon their knees
around him who held the pardoning
power; I saw a little girl climb upon
the governor's knee and put her arms
around his neck; 1 heard h?r ask him
if he had any little girls; then 1 saw
her sob upon his bosom as though her
little heart would break and heard j
her plead for mercy for her poor, miserable,
wretched convict father. I
saw want and woe and poverty and
trouble and distress and suffering and
agony and anguish march in solemn
procession before the gubernatorial
door, aud I said, "Let the critics frown
and rail, let this heartless world condemn.
but he who hath power and
doth not temper justice with mercy
will cry in vain himself for m-ercv on
that great day when the two columns
shall meet, for, thank God, the stream
of happy humanity that rolls on like
a gleaming river and the stream of
the suffering and distressed and ruined
of this earth both -empty into the
same great ocean of eternity and mingle
like the waters, and there is a
Gcd who shall judg, the merciful and j
And, in closing his address, the
member of congress quoted a beautiful
little verse which has seemed to me
very appropriate as a wreath symbolically
to lay upon the. great man's
tomb?for in many respects he was
a great man:
"Mild and gentle, as he was brave,
When the sweetest love of his life he
To simple things; where the violets
Pure as the eyes they were likened to.
The touches of his hands have strayed
As reverently as his lips have prayed;
When the little brown thrush that
Was dear to him as the mockingbird;
And he pitied- as much as a man in
A writhing honeybee wet with rain, j
Think of him still as the same, I say, I
He is not dead?he is just?a\Vay." j
* * *
Usually a defence like that of Senator
Taylor is met with the statement,
that the cries of the widow and or-!
phans of the victims of the defendant
are heedlessly disregarded, and that j
the law lies prostrate, and calls for j
vengeance. Of course there are those!
who must have meted out to them, for 1
the protection of society, tie severest I
penalty of the law, and one, in order
to carry out the spirit of the Consti
tution, must trully see that "the laws
be executed faithfully in mercy," but
I will venture the belief that the pardon
record of Governor Taylor did not
count against him on the day of final
South Carolina has in times past
experienced extreme views Dy uie
chief executive against use of the pardoning
power. It might not be in bad
taste to compare the pictures. A former
governor of this State was apr
proached by a solicitor of one of the
circuits with the statement that a
negro had been wrongfully convicted
of manslaughter; that the negro had
~ ~ ~ ^ .1 mu'ltv on +lio oHviro nf thf*
picitucu & um; \JL? mv ?
gentlemen he was working for, with
the consent of the solicitor, and in investigating
the matter afterwards the
solicitor learned that the deceased did
not die from the blow inflicted but
died from tuberculosis. The solicitor
stated that the negro was guilty of
assault and battery but said he felt
the negro had already served sufficient
time for that offense, and he
asked that this former governor par!
don the negro. That governor rej
fused, and the negro served out his
time, I suppose?I did not hear of the
j All this lias nothing to do with
Solicitor Cooper in the Marshall case,
but this train of thought was suggest
ed by the criticism of the solicitor's
course in that case, which criticism I
have felt to be unjust to the solicitor.
The whole matter is in somewhat editorial
vein, and may not be permissible
under the strict rules of newspaperdom,
but is given for what it is
worth, and may be taken in the same
Tf 'Q V
n a j
v * * *
Columbia is a pretty city in the
spring. There are some beautiful shade
trees on the streets here, and they
show off Columbia to advantage at
this season of the year.
There is always street work going
on here, however, and it never s-eems
to be finished in any part of the city.
A job is started somewhere and left
and another job started somewhere
else, and the streets are continually
torn up and in a mess.
* * *
The Hon. Otto Klettner, of Newberry.
has bren appointed by Governor
Bleas-e one of five delegates from
South Carolina to the Southern Conference
on Woman and Child I>abor,
to be held at Meridian, Miss., 011 Monday
and Tuesday, April 28-29. The
other delegates are: Messrs. Walter
Stubbs, Greenville; 0. C. Gallman,
Spartanburg; B. F. Mcleod, Lynchburg;
J. L. Mi.nnaugh, Columbia.
J. K. A.
CARD OF THANKS.
* We desire to thank our friends for
their exceeding kindness to us aunug
the sickness and death of our husband
Mrs. W. H. Enlow,
THE SEWS OF PROSPERITY.
Medal Contest >V. (. T. U.?Installation
Officers A. R. P. fliureli.
Prosperity, March 31.?Miss Lucile
' * " * " ' ? ? A /v n? AA lr
batnan, or AewDerry, spim mc weekend
with Miss Marguerite Wise.
Miss Ruby Wheeler has as her
guest Miss Wheeler, of Xewberry.
Mr. and Mrs. A. G. Wise are visiting
The progressive insurance :irm of
Brown & Caldwell have purchaser! an
Miss Tena Wise, of Chicora collet,
spent the wesk-end with her parents,
Mr. and Mrs. J. L. Wise.
Messrs. Tom Wiker and R. K. Wine
spent Sunday at the Wise hotel.
The declamation contest for the W.
C. T. U. medal will take place April
3 at he town hall at 8.30 p. m. Tho
following will compete: Messrs. Henry
Quattlebaum, Willie Mac Lester, T. j
Taylor, Price Harmon, Leo Mathis
and Alvin Singley. The musical numbers
will be furnished by Mrs. J. F.
The above contest will, also tak-^
place at Zion churclj April o. The
contestants are from the Monticello
I The following officers were installed
| at the A. R. P. church Sabbath morn'
r,,J?~ vrAt.oi.c. IT1 T? Pnnlr _T A.
[ ing: Jiiiueis?ivicooio. ?
! Dominick, S. S. Birge; deacons?
| G. D. Brown, J. B. Pugh, Dallas Caldj
| Piano Subscription List.
J Previously acknowledged.. ..$263.75j
; Elise Peterson 50;
I J. P .Sliealy 25
j John Griffin 25
j W. C. Waldrop 50
I Cash 2.10
I Miss Amelia Klettner .25
'Hudson & Bouknight 50 i
! Robert Pool 2.00 j
Dr. E. E. Stuck 1.00 !
H. H. Rikard 25 !
i * I
In Newberry Society. j
A very pleasant and profitable meet-'
ing of the Fortnightly club was held)
Tuesday morning with Mrs. C. A. |
Bowman as hostess. Longfellow was I
the poet for study at this meeting.!
Mrs. W. H. Hunt read a short sketch
uf? on/? nn<i of his noems. "The I
* Ul UIO iltc auu va?v g.
i Ladder of St. Augustine." Current
j events, foreign and domestic, were
then discussed by the members, after
which a tempting luncheon was served.
Mrs. P. E. Scott was hostess for
the Woman's club Thursday afternoon.
The roll call was responded to
with the names of the religions of
South America. The magazine study
on South America was continued and
proved very interesting and instruc
Mrs. J. T. Maves entertained three
tables of players at bridge Friday
afternoon, in compliment to Mrs.
Jon-es Ful'er, of Greenwood, the guest
of Mrs. 0. B. Mayer. After a series
| of interesting games, cards were laid
j aside and delightful refreshments
Some 3Ien in Newberry Like Tins Fat- j
! Polly thought he would have some
j fun by stirring up a dog fight. From
| his point of vantage safe up on his
j perch he cried, "Sick 'im Bull!" to
| his canine friend sleeping on the
| ground below, when a stray dog came
j along'. Having stirred Bull up and
: attracted the attention of the other
dog, Polly became so excited he fell
off his p^rch when Bull and the
I straiige dog jumped on him and tore
ii i?4. *r,;i faotharc T^nllv
OUl 3.H UUL ills lau iwHiimj. ?. ~
climbed painfully back upon his perch,
shook himself and said: "I know
what's the matter with me?I talk too
Autos Sold Last Week.
; The following sales wer^ -:?ad3 by
j Summer's garage last week: Ford
I roadster to Mr. I. M. Smith, Kinards;
Ford roadster to Mr. F. B. Longshore,
city; Ford touring cars to Messrs. E.
S. Summer, W. D. Stiiwell and Geo.
W. Summer, city. This firm is doing
a rushing business, and Xewberrv is
filling a high place in the picture. Out
i of the 44 counties in the Stat?, Ne\t}
berry is ahead of 20. according to the
j latest figures of automobile sales.
Here is For Yon.
Something good for Thursday. Good
object and good subjects. The Arcade
v?ill put on a fine program and
half the proceeds will be applied to
the flood sufferers. Any kind of a
program m su wui iuj <t t<tusr UU5U1.
to draw full houses. Then surely the
house should overflow and the flood
fund swell on Thursday afternoon and
night when the Arcade presents "Just
a Shabby Doll" (Thanhouser); "Calamity
Anne." detective (American);
"Chappie's Code," (Majestic), and one
other good subject. Sufficient in the
above program to interest and amuse
very nearly each and every individual
citizen of the town and county of Newberry.
The Arcade management has
kindly and patriotically put on this
program for the benefit .of the flood
sufferers?one half of the proceeds to
be given to this cause. Nobodv will
refuse to contribute anyway, and bv
going to the Arcade Thursday >ou enjoy
fine pictures and at the same time
give something for the relief of the
distressed. Fill the house all through
the running of these pictures.
E wart-Perry Co.
The Ewart-Perry firm has been
pleasing the men of Newberry for
some time. If the ladies will read the
advertisement of this' well-known and
up-to-date firm in this issue of The
Herald and News they will see that
there is omething there to suit, interest
and please them. Tbe senior
member is devoting himself to the
wants and wishes of the ladies, espe
HOTEL MANAGEMENT CHANGED.
Lease Held by Samuel F. Wheeler
>Vil! be Yielded to Another x
Lee A. Lorick of Columbia, on-e of
the owners of the- Columbia hotel,
said yesterday that there would be a
change in the management of the
hostelry soon. Samuel F. Wh-ee'er, J
I who has managel the Columbia hotel!
| for years and is widely known among
j the traveling public, wfll yield his
I l?ase to another manager. Mr. Lorick
! said yesterday that the owners had
had several applications for the lease,
but had not yet decided upon a manager,
Mr. Wheeler will continue to
[ run the hotel until it is released.
1 It is possibLe that improvements
will be made in the Columbia hotel j
building, but tne owners uave uw?,j
definitely decided to make them.
Stick to the OW Friends.
Fort Mill Times.
The old friends whom we have
known all our lives and whose characters
are firm and established as j
the everlasting hills, are too apt to
become commonplace to us, but we
know they will do to tie to, and it is
not best to give tjhem up for those
?t Tint i-nnu.' Th^> man or
WI1UII1 VVC uw U\JI. ixaxv . ?
woman who builds up a character and
maintains it for years in the same
community deserves some consideration,
and the friendship of such people
is to be preferred at all times to the/
showy attention of strangers.
As to the Millinery of the Andersons.
In reading of the splendid showing j
of millinery creations in the various;
papers describing th-e leading houses \
of the country one has a desire to see j
J ?-?i- ~ ,1 11 + if 111 His- !
tile tine hiiq nun emu ucaiaum u.w ,
plays. And while in this humor it J
would be well to call your attention i
to R. H. Anderson & Co. The attractive
one-page ad of their double stores
appeared in the last issue of The
Herald and News. All the departments
of R. H. Anderson & Co., are
of the finest and most select, but it Is,
. . I
of the millinery we would speak to-:
day. It has been said that "there ace
so many new things in fashions limelight
that play interesting parts in
spring hats that it is wellnigh impos- f
sible to tell of all." A writer quotes
Dame Fashion as saying that "the
small hat will reign, and it is to fit
closely to the head and not to be i
overladen w i trimming," for wmcn
all should be truly thankful. It is!
said that later in the season there j
will be many more wonderful creations
and combinations of coIofs. but
right now Is what takes our eye. We
know not much about it, but an author!
y ay? ?t?a v. i- the most
fashionable and that "J-gal hemp,.
horse hair braids, straw and velvet
and velvet and straw and silk will be
much worn and quite chic. Back *
trimmings have succeeded those at
the side, and flowers, braids and aigrettes
of flowers adorn the prettiest
chapeaux." This is quoted and out of
the reporter's line,v but the ladies of
the millinery department of Anderson
& Co., can explain it fully so we
turn it over to them. We only aimed
to call attention to the page ad of
i L is live firm and incidentally to mention
the millinery feature.
Again The Strawberry.
Shortly after The Herald and News
had been in circulation on last Friday,
Prosperity got Newberry connected
and the office phone rang the hurry
call. What's up now? shot through
the mind. Can it be that the people
of lower Prosperity and upper Pomaria
have combined to strike a blow to
the fellow in this omce wno ianea to
state where it was that that church
building was blown down? They knew
it was not in the vicinity of Bower's
garage. Then where was it and what
was it? This. That strawberry piece
had just benn read and was bearing
fruit. The reporter was reaping what
he had been sowing. He had sowed
the wind and would now reap the
whirlwind. The Rev. E. W. Leslie, the
wide-awa!;e and quick Lutheran pastor
at Prosperity, was seeing to it
that the little city of Newberry,
through its representative of the early
strawberry patch, was not getting all
the glory.;, Mr. I. H. Hunt should not
be allowlci' to have it all likeMrs.
* A V
Wiggs of the cabbage patch. Mr;: Leslie
beat Mr. Hunt, while the former
got here first, the latter had more berries.
It will be remembered that there
was mention of only one strawberry
from Mr. Hunt, whereas Mr. Leslie
was dangling three Strawberries at
the prosperity end of the phone, figuratively
speaking. He saw Mr. Hunt's ^
one and went it two Detter; or, more /
appropriately speaking, he saw it at
once and went at it too better.
To Mr. Leslie and Mr. Hunt in order
to make each mouth water, the reporter
for The Newberry Herald and
News, his own mouth preparing to do
likewise, reproduces the following
from the Wilmington Fruit and Truckers'
Journal of March 27:
"Although the strawberry ffcfds are
W11116 Willi D1 OS sums auu uc w uuua
are blooming every day, with wellformed
berries every vine, our
special reports from Chadbouro,
Whiteville, Grists, Cerro Gordo, Mount
Tabor, Loris, Conway, Fair Bluff,
Clarkton, Currie, Atkinson, Wilminfton,
Wrightsboro, Rocky Point, Burgaw,
Wallace, Teachey's, Rock Hill,
Warsaw, Faison. Mouni uuve ana
Dudley would indicate that the movement
of strawberries will not begin
in carload quantities before the 10th
or 15th of April, at the earliest. Warm
weather" and light rains will hasten
ripening beyond man's ken to tell.
From the Norfolk section April 25th
is given as the earliest date upon
which it is expected that the move-*
ment will take on anything like carload
nninar tn Viora ?J
w-e are eviucuuj gvm6 w ~
splendid berry deal this year. The
commission merchants and their
lieutenants are already arriving preparatory
to a vigorous campaign for
Gamblers and Loafers.
The Augusta Chronicle says: "A
regular crusade has been begun upon
the lottering gamblers, bo:h colored
and wl?.here of Jate, as there
were two negro "joints" raided Sun/lov
nierVif onH rmo in which 2. half
KXCLJ Ul^Ut auu x/i?v ?
dozen young white men and boys
were engaged. The cases of the
young white men and boys is even
more deplorable than that of the
ed all the week and then been innegroes.
They had evidently Work(luoed
to get in a game and would
have.undoubtely lost all of their
monev had it not been that they were
"roped in" by the police. Most of the
young men captured are workers, but
two or possibly three have police records,
and arfc perpetual loafers."
Some of these loafers and gamblers,
will come this way.
When playing marbles or jack stones
slips take over, but not when you run
in front of a trolley car.