Newspaper Page Text
L.OUIgs APPE~r Editor.
MANNNIG. S. C., OOT. 14, 1903.
PUBLISIED EVERY WEDNESDAY.
one year -----....................... 1 50
Six months-. . --------..................... 4
Four months...... ..............
One square. one time. *1: each subsequent in
sertion, 50 cents. Obituaries and Tributes of
Respect charged for as regular advertisements.
Liberal contracts made for three- six and twelve
Communications must be accompanied by the
real name and address of the writer in order to
No communication of a personal character
will be published except as an advertisement.
Entered at the Postomce at Manning as Sec
ond Class matter.
JUDGE GARY ERRED.
The testimony in the trial of
James H. Tillman, charged with
the murder of N. G. Gonzales
was concluded last Saturday, and
to avoid being charged with at
tempting to prejudice the case
for or against the prisoner. we
studiously refrained from mak
ing any editorial expression with
regard to the conduct of the case.
Now that both sides have been
heard we will comment upon
what we think proper and leave
off that which may be regarded
as an expression of opinion as to
the truth or falsity of the testi
The jury was empanneled ac
cording to the forms of law, and
that body alone had the legal
right to judge of the truth or
untruthfulness of the witnesses,
and any criticism of the testi
mony by the press is not only
out of place, but calculated to do
injury, because the testimony in
the case was for that particular
trial and will have no bearing on
future trials. Not so with the
rulings of the trial Judge, his
rulings will be quoted in other
cases, and they may affect the
findings where life, liberty and
property is involved, therefore
the rulings are a subjecto
proper comment, and as a layman
we shall enter e task.
proper to say we
have read. carefully the entire
proceedings as published from
the stenographic reports, and
have agreed with Judge Gary
in most of his rulings. He has
measured up to our estimate of
the man-able and conscientious,
and his deportment on the bench
is very gratifying to those who
watched his course, and to our
lay mind his rulings, with a sin
gle exception, were fair, sound
and tenable. It is with the ex
ception, which we regard a se
rinous one, we shall attempt to
deal in this article.
On last Saturday the State un
.dertook to break down the evi
dence of o-ie T. D. Mitchell who
swore to what the State believed
a -mnost extraordinary threat
made by the deceased, and Capt.
-J. D. Livingston of Orangeburg,
a neighbor of Mitchell, was put
up, and in order to quote cor-.
rectly what took place, we re
produce, the questions, answers,
arguments, and rulings of the
Judge, from the stenographic
Capt. J. D. Livingston, sworn.
Direct examination by Mr. Ellio',t:
Q. Where do you live? A. In th-e ci
ty of Orangburg.
Q. How long have you li.ved there?
A. For the past 20 years.
Q. Do you know Mr. T. D. M2itchell?
A. Y es.
Q. How long has he been living
there? A. I think he was living there
when I moved to the city of Orange
Q. How long ago was than; A. About
20 years ago.
Q. Do you know the reputation of Mr.
T. D. Mitchell~in Orangeburg for truth
*and veracity? A. I do.
Q. Is that reputation good or bad?
Q. From that reputation would you
believe him on his oath? A. I could
Cross examination by Mr. Nelson:
Q. You lived in orangeburg ,20 odd
years? A. About 20 years.
Q. How many times have you been
in court to testify A. Very few times.
Q. Were you the man that got up the
afiiidavits for Tom Johnson when he
ran for congress against Dr. Stokes.
A. That's right. No, sir, I did not get
up any affidavits.
Q. You helped Johnson? A. I did;
I had the very best reasons for doing
Mr. Elliott-:That has nothing to do
with this case.
Mr. Nelson-We have the right to
show the character of the man.
Witness-That was my privilege.
Q. You did support Johnson.
Mr. Elliott-I object.
Mr. Nelson-This is to show who he
is. Whether he is a white man living
in a white community backing a white
man or a black man, or a black man
living in a white community backing a
white man, or who he is.
Mr. Elliott-We object. He has a
right to support anybody he pleases.
The Court-It seems to me like it is
Mr. Bellenger-May it please your
honor, that is calling attention to his
political standing- Now, we have ref
erence here unfortunately, whether in
tended or not, to factional politics and
now we are having it with reference to
a man's predilections in a general elec
tion. That has nothing to do with this
case, unless your honor takes it as a
presumption that unless a man votes a
certain way he is utterly unworthy of
belief. Is what my friend Mr. Nelson
wishes to show intended toi create pre
~udice or not? If so,is that a well found
ed prejudice? Have wve gotten to the
boint in South Carolina when the mere
mention of a man's politics is enough
to prejudice him? If that be not so,
then the testimony is improper. We
contend he can ask him any question
which tends to attack his veracity, to
show that his memory is bad. that he is
inaccurate, but I think, and I appeal to
your honor, when I say that I think so,
that too much extraneous matter has
already been brought in here in ref
erence to social conditions, factional
politics and religions, and we make our
The Court-Generally speaking, Mr.
Belltnger, I think vour view the cor
rect one, but under our peculiar condi
tions dowvn here it may effect a man's
character-I will not say anything fur
ther before the jury. I will not state
what I intended to say, before the jury,
but I think this is competent.
have created much surprise
among the lawyers, as it certain
ly excited much comment from
laymen who have some vague
idea of the principles of the gov
ernment under which we live,
even school boys who have ad
vanced beyond the primary de
partments must marvel at the
extraordinary legal proposition
that a man's character may be
measured by the vote he casts,
and should such a ruling be sus
tained in an appeal court, a dan
ger signal will have been ex
posed by Judge Gary, and every
lawmaker in the Nation should
make haste to remedy the evil.
If that ruling is sound law, then
the fundamental law is a mockery,
a mass of hypocritical pretenses,
a delusion and a snare, calculat
ed to bring about a condition of
chaos, the. shield of protection to
religion, life and property is an
optical delusion and disappears
as a mist before the Sun. If the
credibility of a witness can be
attack for the way he votes, it
will not need much stretching to
extend it further. and attack his
credibility if he votes for a man
who has opposed the Judge. If
a citizen is not to be believed be
cause he votes against the party
in power, the result will be, that
only the elect and their sup
porters have rights which a
court of law is bound to respect
and protect. According to that
ruling a man who votes for an
opposition political party cannot
give testimony to protect his or
any body else's rights, and such
a man might as well come for
ward with all he has, and say "I
have sinned against thee, King,
take what I possess and spare
The constitution of the United
States was framed by patriots
who shook off tyranny, and
wrote in blood a pledge to main
tain .the act; that glorious docu
ment beloved by every true
American citizen guarantees the
right to every citizen, without
abridgement, and without moles
tation, to enjoy religious and
political freedom, and wherever
the flag of this Nation is flung to
the breeze, it is an emblem of
freedom and shelter-where
every man has equal rights, an !
is a man as long as he conducts
himself as such; when in 1895
the people of South Carolina,
adopted a Constitution that
document makes the very same
guarantees, and in its opening
lines says: "We,the people of the
State of South Carolina, in Con
vention assembled, grateful to
God for our liberties, do ordain
and establish this Convention
for the. preservation and perpe
tuation of the same."
Mr. Livingston was asked by
Mr. Nelson, of Counsel for the
defense, if he did not vote for a
Republican, ob je ct i on w as
promptly made by the State, and
in arguing to the court Mr. Nel
son gave as a reason for the
uestion, that he wanted to
s~how the witness was a Repub
lican- or as Counsel put it,
"whether he is a white man liv
ing in a white community back
ing a white man or a black
man." The court ruled the
question competent. The testi
mony shows Livingston had
voted for Tom Johnson, a white
Republican of Sumter. and those
who knew Johnson in his life
time, remember that while all of
us disagreed with his political
views, he was held in high esteem
in business and social circles and
had the friendship of his neigh
bors, but it matters not who
Tom Johnson was, the dragging
of his name into the trial of
James H. Tillman charged with
a crime committed long after
Johnson bad departed this life
was a desecration of the dead.
and clearly irrelevant to the
issue, and only for the purpose
of creating political bias in the
defendanus favor, which we
doubt if an experienced Judge
would have permitted; but when
Judge Gary ruled it competent
andl made the statement "under
our peculiar conditions down here
it may affect a man's character,"
he virtually instructed the jury
not to credit the witness because
he is a Republican, a ruling con
trary to our conception of the
meaning of the Constitution of
the Umited States, and of the
State of South Carolina, which
Judge Gary helped to make, and
which he swore to abey when he
assumed the robe of office.
The effect of such a ruling up
on the jury could only prejudice
the case of the State in favor of
the defendant; it -was virtually
an order to the jury to discredit
the testimony of Livingston be
cause he is a Republican, and it
would have been just as legal,
and equally as just, had he ruled
that "under our peculiar condi
tions down here it may affect a
man's character" because he is a
Jew, and thereby discredit the
testimony of August Kohn, and
as the deferdant claims to be a
Presbyterian, all testimony giv
en by Methodists, Baptists and
Lutherans for the State, snight
also be discredited on the same
line of reasoning.
It will be a solemn day in this
State when a man is excluded
from the rights guaranteed him
in the fundamental law-to pray
and vote as his conscience dic
tates. It is well known that in
South Carolina there are num
bers of gentlemen who are na
tional Republicans-men of high
-haracter, and if we mistake not
udge Gary is closely connected
with one of them who ran for
Congress in the 6th district; we
bave no idea that Judge Gary's
estimate of this man's integrity
has been lessened to the extent,
that his evidence under oath
should be discredited in a court
f law, notwithstanding "our pe
culiar conditions down here."
preserve the solidity of the Dem
ocratic party that white men
should vote theDemocratic ticket,
especially theState ticket, and our
primary fixes that, but should a
man of character decide that the
principles of the Democratic par
ty are not in accord with his con
science, and those of the Repub
lican party are, and therefore he
votes the Republican national
ticket, that such a man shall be
discredited in a court of law, and
be unworthy of belief,is so utter
ly obnoxious to all law, free gov
ernment, and common sense,that
we stand amazed at the Judge's
No doubt this ruling of Judge
Gary, being of such an extraordi
nary nature, will receive a great
deal of attention throughout the
nation,there will be some who will
intimate the "slip was made with
method," but we do not entertain
such an idea, if it was a mistake,
it was of the head; we doubt ex
ceedingly if there. is a lawyer
who values his reputition as
such, who will attempt to sus
tain that ruling, but aside from
this very grave mistake as far
as we can judge, he presided
with dignity and with credit to
How's This I
We offer One Hundred Dollars Reward for
any case of Catarrh that cannot be cured by
Hal's Catarrh Cure.
F. J. CHENEY & CO.. Props., Toledo. O.
We, the undersigned. have :nown F. J. Cheney
for the last 15 years, and be::ieve him perfectly
honorable in all business transactions and finan
cially able to carry.out any obligations made by
WEST & TUAx. wholesale druggists. Toledo. O.
WALDISG, KINN;\ & MARVLs, wholesale drug
gists. Toledo. O.
Hall's Catarrh Cure is taken internally. acting
directly upon the blood and mucous surfaces of
the system. Price 75c. per bottle. Sold by all
druggists. Testimonials free.
HallsFamilv Pills are the best.
New Zion Dots.
Editor The Manning Times:
Misses Allie Boykin and Covington of
Maysville have been spending a few
days with Miss Pauline Boykin.
Mdiss Chandler of Bethlehem has ac
cepted a position to teach a school near
Mr. J. W. Gibbons'.
Miss Lucy Davis of Ruby has assumed
charge of the Gamble school.
I am a great advocate of lady teach
ers, and if ever I am a a candidate for
Superintendent of Education, that will
be one of the planks in my platform.
It is rumored that a movement is ou
foot to get up a farmers' picnic over
here and invite a number of prominent
men to deliver addresses.
A Thoughtful Man.
M. M. Austin of Winchester, Ind.,
knew what to do in the hour of need.
His wife had such an unusual case of
stomach and liver trouble, physicians
cauld not help her. He thought af and
tried Dr. King's New Life Pills and she
got relief at once and was finaily cured.
Only 25c. at The R. B. Loryea Drug
The Farmers' Meeting.
Editor The Manning Times:
The Manning Farmers Marketing
and Protective Association held an in
teresting meeting last Saturday even
ing in the courthouse- The subject for
discussion was subsoiling and its ad
vantages. The discussion was led by
Capt. D. J. Bradham, who having had
considerable experience in subsoiling,
spoke from experience. Nearly every
member present participated in the
discussion. Mr. Sam Bradham hit the
nail on the head while discussing the
subject when he said. "While trying
to deepen our soil so that we may have
a better yield, let us also try and
deepen our interest in these farmers
That's just the thing. Turn out
members. There is untold advantage
and help to we farmers, in meeting to
gether if we do nothing more than
have a good heart to heart talk ever
the matters that pertain to our every
day and general welfare. The following
resolution was unanimously carried,
and I, as secretary was instructed to
have the said paper published.
Resolved, that at our next meeting
which is the first Saturday in Novem
ber, we invite Hon. James E~. Tindal
and Capt. D. J. Bradham our lecturers,
to address us on some subject, which
will be to our mutual interest. Also
that we invite the Wilson, Jordan, For
eston and any other clubs that can do
so to unite with us and have a grand
I 'take this way and opportunity to
extend the notice to clubs genserally.
Come out to the meeting brethren.
There is good in it for us if we will
only reach Out for it. The next meet
ing will be on the first Saturday in
November at 11 o'clock a. m.
A. P. BURGEss.
Sec. Manning F. M. and P. A.
Oct. 12, 1903.
The worst romance not according
to Ruskin, so corruptibg as false histo
ry, false philosophy or false political es
Bear ao The indYou Have Always Bought
. .THE ..
R. B. LORYEA DRUG STORE,
ISAAC M. LORYEA, Prop.,
Sign of the . .. Giolden Mortar,
Beg to inflbrm their many friends and custom
ers that they are prepared to supply their wants
with their accustomed celerity.
We carry a full and complete line in every de
partment of the
and every attention is shown to the wants of
Fo Kany Yeara
we have endeavored to give the very best at
tention to our customers' wants, and feel that
we have succeeded.
Our atockt of
is complete in every particular and everyv and
Wein need of PUR dSRUGS and MEDI
CINES call on us and we can give you general
IL ORDERS receive our careful and im
mediate attention on day of receipt.
We hope for your kind patronage which for
years we have earnestly striven to merit.
ISAAC M, LORYEA, Proprietor,
Sign of the
MANNINC, S. C.
"THE OLDEST MAN
IN THE ROCKIES."
. Geo. W. Haniy, 108 Years of Age,
Is as Strong and Vigorous as
Men Thirty Years Younger,
-, - and Says That for a Long
Time His Only fledicine
Has Been DUFFY'S
A familiar figure of the Rockies, the " oldest
living landmark," is G. W. Hanly, of Big
Timber, Mont. One of the original "49ers."
Mr. Hanly in later years built up a large
. veterinary medicine business. Though now
in his 109th year, he is hale and hearty tnid
able to walk about as spryly as man; men
half his age. He states that he owes it all to
Duffy's Pure Malt Whiskey. I- a recent
letter he says:
"It has been my intention far some time to
write and compliment you on the effects
Duffy's Pure Malt Whiskey has had on my
- health. Last November I was lOS years old,
GEO.W. HANLY, 108 Years Old. and there are certainly not many men in the
world who are as well preserved at so great ar. age. For a long time your whiskey has
been the only thing I have used as a stimulant or a medicine. My appetite is very fair,
hearing and eyesight as good as with men who are thirty years younger, and nothing
keeps me in better humor than my regular doses of 'Duffy's.' When a cold or my
bowels bother me, a little of your medicine is all that's needed, and you may always
count me among your grateful friends. GEO. W. HANLY."
DUFFY'S PURE MALT WHISKEY
Is an absolutely pure distillation of malt and is recognized by the Government as a
medicine. This is a guarantee. It is a tonic-stimulant recommended by physicians of
every school; a boon to the weak and worn, to the weary and depressed. It arrests the
progress of physical decay; keeps the old young, makes the weak strong. It strength
ens the heart; relieves the aching head; gives to the limbs their old-time vigor, and
clears the brain. It enriches the blood and nourishes the vital forces of the body. In
this way it drives out disease and is a promo:er of health and longevity. If you wish
to keep strong and well in old age, if you wish to be free from disease now, take a table
spoonful of Duffy's Malt Whiskey three times a day, in milk or water.
Duffy's is prescribed by doctors everywhere for coughs, colds, grip, catarrh, con
sumption, bronchitis, pneumonia, pleurisy, asthma and all diseases of the throat and
lungs; indigestion, dyspepsia and every form of stomach trouble; nervousness, malar
ia and all low fevers.
CAUTION.-When you ask for Duffy's Pure Malt Whiskey be sure you get the nuine.
Unscrupulous dealers, mindful of the excellence of this preparation, will tryto sell you cheap im
itations and ealt whiskey substitutes, which are ut on the market for profit only, and which,
far from reliving the sick, are positively harmful. Demand "Dully's" and be sure you get It.
It Is the only absolutely pure rlhlt Whiskey which contains medicinal, health-giving qualities.
Duffy's Pure Malt Whiskey is sold In sealed bottles only; never in flask or bulk. Look for the
trade-mark, the "Old Chemist," on the label, and be certain the seal over the cork is unbroken.
Beware of refilled bottles. "Duffy's" contains no fusel oil.
Sold by all druggists and grocers, or direct, $1.,00 a bottle. Interesting medical
booklet postpaid to any address. Duffy Malt Whiskey Co., Rochester, New York.
For sale in South Carolina at All Dispensaries.
Loans MIade I can lend Money on Loans Made
on Real Real Estate at reas- . on Real
E s t a t e. I onable interest and E s t ate .
on long time Call
on or write to me.
3. A.. ' E1INBE R..G-, Attorney at Law.
MA N N ING. S. C.
TO THE TIMES OFFICE.
EC.HORTON, JR. T. MITCHELL WELLS.
g'e Are a ~riend
TO EVERY ONE
Wbo Has to Buy Dry Goods:
In proof of this claim we submit that we handle only the very
best class of merchandise that is manufactured, and we always offer
it for as little prices as any other concern in this pai-t of the State
who gives full 36 inches for a yard.
SFrom Thbrsday Morning, Oct. 8, 2
Beginning at 8 o'clock we will, through one week, make'these cut _
prices in Dress Goods:
SWe will offer a full line of Colors in All-Wool 36-inch Dress2(
Flannels, the kind we had firstaat 45:-, for............. C.
SAlso all the Colors, including Black, of a very fine Melrose39
Dress Fabric that was marked at 50c yard, for...... .$
As you know v'ery well these goods are not old. It's just we haye too
~-many lines to look after. and make these seasonable prices to move
We will for the time mentioned sell everythiug else in our store
Now we want to keep you in mind of
OUR GREAT SHOE LINE.
You ladies know the famous QUEEN QUALITY line, and we
are fast making you more acquainted with the CROSSETT make.
Tr Or rosei' LONG LIFE I
We fit the Children too with Shoes.
Just this much about outr Ready-to-Wear Skirts and Wraps. If
its from the "MUTUAL" it's alright.
MUTUAL DRY GOODS'CO. $
$]nvites every honest shopper in Clar'endon county notlo make your$
fall purchases until you see us. We will make it worth money to
ev:erybody -to do business here, aside from the satisfaction of dealing
Swhere every transaction is made just right.
IgiMail orders promptly attended to.
SMUTUAL DRY GOODS COMPANY.
LUTHER McINTOSH. W. MINTER TURNER.
Confederate Veterans Reunion, Augusta, Ga.
Low Rates Via Atlantic Coast Line.
Tickets on sale November 9 and 10,
1903 from all points in Georgia and
South Carolina beyond a radius of one
hundred miles of Augusta, and Novem
ner 10 and 11 from points within r'adius
of one hundred miles of Augusta, and
for trains scheduled to arrive is Augus
ta before noon of November 1,, 1903.
Final limit of all tickets will be Novem
ber 13. 1903. The rate from Manning
to Augusta and return for this occ.
sion will be 83.15.
W. J. CRAIG.
General Passenger Agent.
H. M. EMERSON.
"You have been conspicuous in the
balls of legislation, have you not?" said
the youni woman who asks all sorts of
"Yes, miss," answered Senor Scc
ghum blandly; "I.thiik I have ppr-iil
pated in some of'the richest hauls that
legislation ever made."-Washington
We hereby give notice that all hunt
ing is prohibited, without first secur
ing permission,' upon the lands owned
by the undersigned.
R. C. Richardson.
Mrs. E. N. Richardson.
Fulton, S. C. [2-4t
T ax Notice.
County Treasurer's Office, Clarendon
County, Manning, S. C., Oct. 1, 1903.
The tax books will be open for the
collection of taxes for the fiscal year
commencing January 1st, 1903, on the
15th day of October, 1903, and will re
main open until the 31st day of Decem
ber, following, after which time a pen
alty of one per cent will be added; and
if the said taxes and penalties are not
paid on or before the first day of Feb
ruary next thereafter, an additional
penalty of one percentum thereon shall
be added, and if .aid taxes and penal
ties are not paid on or before the first
day of March next thereafter, an addi
tional penalty of five percentum there
on shall be added; and if the said taxes
and penalties are not paid on or before
the fifteenth day of March next there
after, the County Treasurer shall issue
his executions for the said taxes and
penalties against the property of the
defaulting taxpayer according to law.
The folloving is the tax levy:
For State purposes, five (5) mills.
For Constitutional School tax, three
(3) mills. For Ordinary County tax
three (3) mills. For Jail purposes one
balf of one mill (+). Total Eleven and
one-half (11}) mills (seperate from Spe
cial School Tax) Special one (1) mill
School tax, School District No. "24."
Total 12+ mills. Special two (2) mills
School tax, School Districts No. "16,"
"17," and "25." Total 133 mills. Special
three (3) mills School tax School
Districts No. "2" and "21." Total 141
mills. Special four (4) mills School tax
School Districts No. "7,""9, ""19,""20"
and "22." Total 15+ mills. Every male
citizen between the ages of twenty one
and sixty years, except those incapable
of earning a support from being maim
ed or from other causes, and except
those who are now exempt by law,shall
be deemed taxable polls. The law re
quiresthat Commutation Road tax shall
be paid for the succeeding year before
S. J. BOWMAN,
Treasurer Clarendon County.
NOTE-The County Treasurer urge
taxpayers, to pay their taxes before
January, as the State stands much in
need of its portion of the taxes due:
and the School teachers will be em
barrassed if taxes are not promptly
E DSIR TO INFOR:
I j for
Te - ~iNCE.T! e
2 of the best makers of
SA visit will be vei
Iin mutual benefit.
e Phone i66.
About spending money economically. No bet
ter place to have them demonstrated that at
THE MINOR STORE,
Where the purchasing power of YOUR DOLLAR is
always vastly increased, and in many instances
doubled. We mention a few of the many items that
you can find here, there's some-many more.
Dress Goods and Trimmings,
Laces and Embroideries,
Hosiery and Underwear,
Shoes for Men, Women and Children.
Hats for Men and Women,
Corsets and Gloves,
Notions and Toilet Articles,
Stationery and Purses.
Linens and Drapers,
Rugs and Mattings,
Men's and Boys' Furnishing Goods.
Ready Made Shirts,
Jackets and shirt Waists.
All of these are priced in keeping with our way of
doing business. Not marked as high as they would
sell but for as little as, we can sell them for and live.
When you are in Sumter, we'll make it interest
ing for you. Phone or write for samples.
strumma, s.n c.
i OUR CLARENDON FRIENDS THAT OUR STOCK OF 8
and Furnishing GoodsI
Men, Boys' and. Children is ready
addition to the~ well-known mak~es
-e been handling, we have secured.
~rol for Sumter of the celebrated
art, Schaffner & LDarx's
Suits and Overcoats. sr
ery garment they make is sold with
>sitive guarantee of satisfactory ~ '
rto the purchaser.2
e also have control of the followng 2.
-known makes in other lines: 2
MPERIAL " Brand of Boys' and /
ren's Suits. 2
NOX'S Stiff and soft Hats.2 2
AWEs';Celebrated $3 Hats. ~Zt~
CsMOPLITAN " Full Dr es 2
bs, an~d2 2
ECLIPSE" Perfect-Fitting Negli-2
Shirts.oforsoeifll 2 - ..
~ery department o u tr sfl
erflowing with the2 .
Ohoicest Productionis 2 -;->.jF7
wearables for, Men, Boys and Children.8
7 much appreciated, and result, we think,
Sumter, 5. C. I