Newspaper Page Text
Figure in the Life of Millard.
Charged With Bigamy.
HE NOW ADMITS THIS
Io Written Statements Which He Made
Concerning His Previous Matri
monial Ventures, and Which
Are Produced at Prelim
inary by ProsecuWn.
The preliminary hearing, in the c<as
of Kenyon V. Millard, who was ar
rested April 21 obarged with Mgamy
and who has been confined in the
Orangeburg county jail in default of
8500 ball, was heard Tnursday mim
ing by Magistrate C. P. Brunsur, who
Issued the warrant for his arreit.
The pros3cutlou was represer^ed by
Mr. B. L. Weeks of St. George and
Hon. T. M. Kaysor, while Messv.-..
Wolfe & Berry and Col. Thomas h\
Brantley appeared for the defendant.
It had been understood that M^'lard
would conduct his own defense, *.-?d
lt was learned that thc counsel for
the defense bad been retained by
friends ot Millard, who reside in an
As is usual with such cases, lt at
tracted undue notoriety and Magis
trate Bruuson's t (lice was packed to
suffocation long b-fore the time ap
pointed for the heating. In fact, the
room was so crowded that there was
not room sutllcient for those involvt d
in the case, and the attort-eys were
forced to ask that the room be cleared
before they would take up the case.
Miss Kenyon, who recently married
Millard, was the only witness for the
State, aud the occasion was very mor
tifying to her; while Millard, who was
brought into efturt looking fresh and
in good spirits, buowed the effect of
the strain before an adjournment was
In addition to Miss Kenyon's testi
mony, the State entered as evidence
three letters written hy Millard to
Miss Kenyon since his incarceration,
while the only evidence ottered by
the defense were one telegram and
four letters received from Miss Ken
yon since their separation, and also a
letter from the clerk of the curt of
Osceola, Iowa, with reference to a di
vorc? granted Louisa Millard in 1880.
This correspondence was so volumi
nous that no effort was mace to rea i
it at the time, hut Magistrate Brun
son will reid it carefully and either
announce his decision at a lalor cate
or lix another time t< r hearing thc
arguments by attorneys tor both
sides. Meanwhile Millard has been
remanded to jail pending the magis
trate's decision iu the matter.
^ The contention of the attorneys foi
the prosecution is that the interlocu
tory divorce grained Mrs. Ada Mil.are:
December 4, 11)04, prevents cltnei
party from marrying (or one yea!
thereafter, while the defense holdi
this to tm a mere technicality, inas
much as Millard had not obtained i
copy of the decree and was ignorant
of Its restrictions.
TUK ONLY WITNESS.
Miss Sallie E. Kenyon, whose mar
riage to Millard hus caused the trou
ble, was the ooly witness examined,
She was questioned by Mr. Weeks
She testitied as to her marriage tc
Mil'urd on April 10, which was per
formed at Oraugeburg by the Rev. E,
M. Lightfoot. She met Millard or
April t? at her home in St. Geo:g?
They were not engaged at that time.
The engagement was the result ol
several'day's association. Millard die
not tell her that he had been prevlouf
ly married uutil after they had be
come engaged to bo married. Ile
stated to her that he hud a living wife
in California, from whom he had se
cured a divorce years before, aflei
having lived with lier only a few
days. After his arrest he told her
more of his married life. .Stated that
he had live children hy his California
wife, and gave as lils rearons for not
telling her of this previous to Ihoir
marriage that he was afraid witness
would not marry him. Hu denied
that he had ever been married other
than to the California wife. Witness
has received three letters from de
fendant since he was committed to
jail and separated from her. These
were put in evidence.
On cross examination by Mr. Wolfe
she explained the fact that lus letters
.to her were addres.sed to ' Rebekka,"
while the letteis she had written to
him at the jai) were addressed to
"Isaac." This was duo to the sug
gestion of Millard that their marriage
romance was akin to that of Isaac and
Rebekka, and these mimes were adopt
ed by them for their correspondence
She had been informe:! by Millard
before they were married that J ie had
been previously married in California,
but be btated that ho had secured a
divorce. She stated that before they
were married, Millard had written lo
California to W. H. Haw, clerk of
court, Bumboltcounty, Eureka, Cal.,
asking for a ci rt i tied copy of the de
cree of divorce and r>o cents worth of
stamps had been enclosed in the li t
ter to cover the charges for the copy
of decree. After the arrest of tue de
fendant, a letter from Eureka had
come to St. Georges, which ??he had
opened uuder direction from riefen
dant. lt contained the copy of de
cree of elivorce. She had read it and
forwarded lt lo defendant, at, ( Irange
burg. Several letters f rom witmss to
defendant, and a tell gram weru ieien
tltieel and put in evidence.
The following letter was also placed
Osceola, Iowa, April 28, 1005.
Mr. Kenyon V. Millard,
Oraugeburg, S. G.
Dear Slr: Your l< tier of April 23rd
In regard to divorce received, 'the
record shows a divorce was granted
Louisa Millard in 1880. A certified
copy of the decree will bo 81.
Yours resp cl fully,
P. M. STACY,
Clerk of Court.
TUK CALIFORNIA D1VOKC15.
The following is a copy of the de
cree referred to in Miss Kenyon's tes
"In the Superior Court of thc County
of Humboldt, In the State of Cali
"Ada A. Millard, plaintiff, vs. K. V.
Millard, defendant, interlocutory
. This case having been brought on,
to bo heard the 1st day of December,
1004, upon the complaint herein
taken, HS confessed by the defendant,
whose default for not answering your
complaint bas been duly entered. And
said court having heard the ?vidence
and testimony, and which is sufficient
ly corroborated, and af ter having duly
considered the same, and made and
Hied Its decision and conclusions of
law herein, from- whlob lt appears
that Hiild plaintiff ought to be granted
a decree of divorce together with
other relief, -as Js herein specified;
now, in accordance therewith, and on
motion of counsel for Bald plaintiff lt
ls ordered, adjudged and decreed, and
this court, in pursuance of the statute
in such caso made and. provided, does
order, adjudge and decree ' at the
said plaintiff is entitled ' t decree
dissolving the bonds of matrimony
uow and heretofore existing between
the Bald plaintiff and said defendant;
buch decree to be entered after the
expiration of one year from the entry
of this interlocutory judgement. It
is further ordered, adjudged and de
creed that said plaintiff be and she ls
hereby awarded the sole care and
. custody and control of K. V. Millard,
lid H. Millard and Paul Millard."
IQNOKANCK TUE l'LEA.
Tftc following is an extract from a
letter- written by the defendant to
Miss Tvenyon, bearing date Friday, 4
p m., April 28th. It ?is written from
Oran geburg by the defendant in jail,
and was mailed to her at St. George:
" ' WI have heard nothing from the
court house Thursday, but I under
stand that the prosecution ls going to
try and convict me as a orlminal on
the ground that thc divorce which was
"anted my former wife In California
lasi. pi December would not permit
mc 1J be married to anybody else for
one year: That is, until next 4th or
5th jf December (seven months in the
future). 1 think they are wrong. I
think that 1 could be married In any
State outside of California just when
I please, after the divorce is granted,
ir I made a mistake that could ?asily
be rectified by my walting until De
cember 4th or 5th and then securing
a license in Georgia and being married
there according to the laws of Geor
gia. I did not understand all the lit
tle technicalities of marriage or divorce
laws In any State. I hnew nothing at
all about the laws of South Carolina.
Never beard one thing about them be
fore 1 came down here. All the States
have different laws and what is law
here is not law in Georgia."
He goes on to justify himself in
marrying Miss Kenyon on the ground
that be did not know he was doing
wrong, lie discusses the interlocutory
divorce and suggests that they can
wait until after the 4th of next De
cember and be remarried and purposes
to arrange for her support in the
UI9 FIRST MAKIUAGE.
The following is a portion of a let
ter written by defendant, addressed to
Miss Kenyon and her mother jointly,
in.m tlie Orangeburg jail at this place
on thc Saturday afternoon when he
was first committed to jail:
' ' I soe by Tue S tate that Sister Mary ;
in examining my letters, found cue
from my divorced wife, indicating that
slie. believed that 1 had a wife some
where else. She was mistaken. When
1 was 21 years old I married a girl
' io Farmington, Illinois. Her people's
name was Cone. Her name was Louisa
: due. She hud a brother named WU
' iiam Cone, residing there, lie kind
" enough to write to Farmington, 1111
1 nols, and lind out all about her. She
L was not my wife when I married the
woman whose letter you read. (Here
is given a statement as to his first
. wife's unfaithfulness.)
"1 left ber and If you will write to
any of the older citizens of Farming
ton, Illinois, you will bn able to icuow
j surely that I had no wife when I mar
ried the woman who lives in Califor
nia, and who was my lawful wife un
, t? divorced December 4th, 1904.
"1 have now told you all my history.
There is no one else and nothing more,
. and I have nothing to conceal from
I you or any one. 1 think the Presby
, terian minister married me to Miss
. Louisa Cone. I got the marriage li
, cense at Lewiston, In Fulton county.
\ 1 think you liad better send Immedi
ately and find out all about her. If
. there are any questions you or your
. lawyer would like to ask 1 will take
pleasure In answering them.
TIMED TO DO KIO UT.
"1 ara not a criminal. I bave tried
\ to do right. I have had a strange
history, but 1 have never harmed nor
attempted nor done any act to detile
nor to lead any woman to do wrong.
"I have had to endure it and it was
more than I couid bear. I am sorry
to say that many of our northern so
ciety women are not true to their hus
bands. I feel pretty sure that th?. well
bread .southern lady ls one whom a
husband can trust.
"I recognize no man as my superior,
when it comes to purity of character.
I am sorry Sister Mary suspicioned
me of being a scoundrel. It's bad for
all of us, and would have been far bet
ti r to use more patience and not jump
.to a hasty conclusion. If I have
been too hasty or have made any mis
takes, it was of my desire to have my
'Rebekkah' with me t? be my helper
and companion in arranging my man
uscsipt for publication as soon as pos
Another letter from Millard tells of
a letter ho wrote to the clerk of court
out in Iowa, asking whether a divorce
had ever been granted to Louisa Mil
lard. lt is evidently thc reply to that
letter that was written on April 25th
by Clerk Stacy from Osceola, Iowa,
which had been copied above, stating
that a divorce was granted Louisa
Millard in Inno. Several letters from
Miss Kenyon to Millard were Intro
duced in evidence, butas they are not
of a public character and furnish no
new information In regard to the
charges against him, they are not re
In Ric MUM y of Tlmrod.
THIS State is urging the Columbia
Libcrary Association to change the
name o? the library to "Tho Tlmrod
Library." With no intention of In
furt? ring in a local matter, we hearti
ly endorse the suggestion of The
State, lt would be a graceful and
deserved compliment to the memory
of South Carolina's sweotest singer,
who, we confess with shame, was not
appreciated during life as he should
have been. No man can read the
poems and odes of the gifted Tlmrod
without being a better man for hav
ing communed withins sweet spirit.
In perpetuating the memory of such
a man as Ilery Timrod thc Columbia
Library Association would be per
forming an act in keeping with the
objects of ita organization.
Kat noll Weevils.
Charles Howard of the entomologi
cal bureau, department of agriculture
at Washington, has been notified of
the discovery in Fall county, Tex., of
a peculiar bug which ls destroying the
boll weevil. The Insect was found on
a plantation near Waco.
WILL STRETCH HEMP
The Fiend, William Johnson, Quilt]
ot Diabolical Grime.
A Slekening ?nd Pathetic Ouse. Tin
Verdict Moots the Approval
of tho People.
William Johnson waa convicted o
of orlminal assault on Geneva Howell
a little eight-year-old white girl, in th
court of general sessions on Thursday
Johnson is a young mulatto abou
seventeen years of age, but well de
vel- ied for his age. The fiendisl
orime was committed near Bowman ?
few months ago. A full account of 1
was published in The Times an
Democrat at the time.
The little girl upon whom the fiend
ish assault was made, ls quite hand
some In face, and sh? told of her hoi
ri hie treatment at the hands of th
brute Johnson In a calm and innocent
childish way. It was pitiful to loo:
upon her, and her condition tended t
cause the nobler sensibilities of man
hood to feel indignant against tb
fiend who committed the brutal crime
The child was brought into thc cour
room in the arms of her mother. Sh
was seated upon a chair in the cour
room, within tbe bar.
When she was called to give he
testimony, the chair was lifted and i
this way she was taken to the wltnes
station. After she had testified sh
was taken back to the side of he
mother In the same manner. She I
helpless and cannot walk a step as th
result of the crime that was commltt
ed upon her person by the dioballcc
fiend. Being a little child, she di
not realize the hellishness of the crlm
the fiend had committed, and conse
quently she did not tell ber mothe
until several days after the assault
when tbj serious effects began to b
manifested. The testimony produce
at the trial is practically as follows:
Geneva, In a frank, childish way
told tho jury all the circumstances i
connection with the assault. She sal
she did not utter an outcry at th
time and said nothing about it to he
mother until a few days after tb
occurrence. She told a plain straight
forward story of the brutal way th
iiend had treated her. While she di
not say so, it ls very probable tba
the reason why she said nothing abou
the matter she was afraid of th
scoundrel, who had treated her s
Bettie II ?well, the 'mother of th
child, stated, the age of the little gil
to be eight years. The child wa
hearty and could walk before this as
sault, but ls now a helpless cripple
The defendant had worked for ther
some time back but was not workin
for her at time of assault. She live
about 1!? miles below Orangeburn
She has never been married, and ha
no other children.
Dr. W. M. Carn testified that abou
a week after the assault he examine
the child. Ho found infiammatioi
Later he made a more careful exam
nation and found the child sufferin
from a loathsome disease. Could nc
, tell at that length of time after tl:
assault what force was used. Thei
was no question as to the child's su
fering from the disease. The child
i now suffering from chronic poisonin
? from thc disease. This has produce
i a rheumatic condition that has rei
, dered her lower limbs helpless.
Dr. D. J. Hydrick testified that r
i had examined the defendant a fe
weeks ago, after he had been lodge
in jail. The result of this examlm
tlon proved to Iii m beyond questlc
that the prisoner had a loathsome di:
ease. He stated that this was trt
beyond a question.
On the part of the defense Dr. .1
A. Clifton was called to the stand an
he testified that he had made an OJ
aminatlon of the prisoner a few daj
after he was committed to jill and h
had reached the conclusion that b
did not have the disease. Ile lia3 nt
made a microscopic examination.
The defendant was called to tb
stand and denied the charge. II
made a statement of his innocence
Stated that he was at the house c
the child's mother on the day stater
but had not committed any sue
The case was given to the jury a
half-past one o'clock, just at the hou
set for the dinner recess, and the jur
had not only had their diuners bu
had agreed upon the verdict whet
court reconvened at 3 o'clock.
The verdict found was guilty, am
as there was no recommendation fo
mercy, the sentence carries the deatl
The story told by the little gil
touched all present and there are som
who think that any other verdie
migtit have had serious results.
Tito verdict is regarded as a jus
one by those who heard the testimony
By appointment of tha judge Johnsoi
was defended by Mr. John S. Bow
man. Johnson was sentenced to b
hung on Friday, June 16.
Bucket ?>inip.-, and lOxchanges.
Before the Supreme Court at Wash
ington the other day JudgeCrumpack
er boldly asserted that the Board o
Trade of Chicago was nothing bette
than an institution established for th
promotion of gambling. Ile was de
fending the bucket shops In a eas
that ls uow pending against them
and lie did so by declaring that ther
was no essential difference, betweei
them and the large Institution of thi
country in which commodities am
securities are dunn in On margin. Hi
ridiculed the contention that an ac
tual delivery of grain ls contemplate!
when there ls a purchase or sale o
wheat or corn In the pits at Chicago
Ile admitted that some actual sale
take placo, but he declared that th
boards of trade of the country coull
not be maintained except for the tran
sactlonsof a purely speculative natur
that took place in them. He did no
deny that b icket shops arc place
where gambling pure and simple
goes forward, but he did contend tba
their transactions are identical wltl
a majority of those engaged in by tin
members of the legitimate exchanges
In either instance he contended thai
the so called business done was bet
ting, noihing more and nothing less
and ho could not sec why any lega
bair splitting should ba done abou
the matter. In commenting on tin
position taken bj Judge Crumpaoke:
Thc News and Courier says "if tin
Supreme Court shah now hold witt
Judge Crumpacker on this point ii
will bs interesting to watch what th?
result will bc. A legal declaration tba
our great stock operators are nothing
moro than gamblers might make i
exceedingly awkward for some of thea
who are forced to collect their win
nings in our courts of law. The Btat
utcs on the subject are pretty mucl
all made for the protection of Iambi
rather than for the advantage o
Theodore Frioe Give Beasons For
His Change oi Heart.
He Believes That Thore Will bo a
Material Itcduotlon In the
Theodore Price has become a bull
and is now endeavoring to make up
for bis wanderings from the light by
the distribution of bullish literature.
For in ?tance, he Bends out the follow
ing letter explanatory of his ohange of
"New York, April 27, 1005.
"Dear Slr: For over a year I have
been a persistent and consistent bear
upon tho cotton market, believing aa
I did that the relatively high prices
of 1004 and 1903 would reduce con
"The comparatively low prices of
late current have, however, reversed
the trend of trade. The world, in my
opinion is about to witness a tremend
ous expansion in the cotton industry
and the prospect of another large orop
next year is exceedingly doubtful, as
shown by my crop report, issued to
Under these conditions, I believe
that cotton can and should be now
confidently bought by all those likely
to require it during the next twelve
"Should prices decline still further
on the marketing of this year's sur
plus, purchases will, In my opinion,
become only the more attractive.
"THEO. H. PKICK."
Accompanying the above ls hi:
monthly crop report, which comprise:
a compilation of 2,243 replies of ari
average date of April 17tb, from 1,491
out of a total of 2,340 towns in tin
cotton belt to which the subjoined
queries were addressed:
Is the crop late or early In your sec
tion, and to what extent?
What percentage of increase or de
creass will be showu by the cotton
d acreage In your section?
e What proportion of the proposed
r area has been planted up to date?
e What percentage of ii.creuse or de
crease will there be in cotton fertl
e Uz?r used in your section?
d From the replies received to thesi
t be obtains an average indicated acre
t nge decrease of 14 2 per cent,
e He then goes on to say :
o "My previous report was ismec
March 25th and summarized or ai
e average date of March 15th. In tha
"1 report the indicated decrease In acre
s age, as estimated by ray correspon
l- dents, was 1 ti. 4 per cent.
"The decrease now indicated is 14 :
per cent, which would seem to sug
g I gest that as the season has progresse!
isl thc disposition to reduce acreage hai
become less pronounced.
"It is noteworthy, however, tba
the indicated acreage on the basis o
it the iigurcs as repoited ls now i,080,
d ooo acres less than the acreage o
i. 1004-03 which produced a crop of ap
I- proximately 10,200,000 bales,
g "My correspondents adhere to the!
)t previous report as to the reduction lt
ie the amount of cotton fertilizer used
re many of them stating that the in
t- crease in the fertilizer tax tag sale:
ls reported by the state authorities, ii
g due to the increased quantity of fertl
id lizers sold for use on tho.-toba;?\ a:.,
i- truck acreage, which has been largely
extended this season.
ie "The most important feature o
w the crop report, in my opinion, how
id ever, is the fact that the crop is re
a- ported on an average twelve days latei
n than the normal, while the propor
s tlon of last year was an average o:
ie fully twelve days earlier than th?
normal, lt is plain that the growing
r. crop is at least three to four weeki
d later than last year.
:- "A notablo though unfwrseen fea
's ture was the recent heavy frost, anc
ie I have separately tabulated the re
ie marks of my correspondents In refer
>t ence thereto. Killing frost occurred
e I South Carolina-Aiken, Charleston,
e I and Orangeburg counties. The cot
tou reported planted In these counties
prior to the frost averaged 00 pei
cent, much of which has to be re
Georgia-Columbia, Hancock, Mon
roe, Harris, Troup, Cobb, Burke,
Screven, Washington, Coweta, anti
Dooly comities. Thc cotton reported
planted In these counties prior to the
frost averaged 25 per cent. Much re
Alabama-Marshall, Wilcox, Talla
poosa, Lamar, Hale, Chambers, Bar
bour, Calhoun, Montgomery, Lime
stone, Dallas, Perry, Elmore, Bihb,
Bullock and Lee counties. The cot
ton reported planted in these counties
prior to the frost averaged 50 pei
cent. Much replanting necessary.
Mississippi-Chickasaw, Ok tl oeba
Clay. Cotton reported planted in
these counties prior to the frost aver
aged 10 per cent. Much replanting
AsSfar as present conditions alford
any lu ltcitio i, the prospect of a
bumper crop for the season of 1905-Oti
ls not brilliant, and in view of the
fact that whatever the consumption
this year may be lt ls probable that
tho world will rr quire a crop of at
least 12,000,000 bales next year, 1 am
of the opinion tbat a policy of con
servatism on the part of spinners sug
gests the advisability of protecting
their commitments as far into the
future as possible by purchases of cot
ton on the basis of present prices.
My reason for this opinion as de
veloped from a ciose study of the
situation I shall submit in a later
circular. TIIKOUQRK II. PIUCH.
Saluted Eaoh Soldier With a Klee
A touching incident occurred
during the Easter celebration
here. After the morning service all
in tlie troops In the region around
headquarters were drawn up In
line before Gen. Llnevltch's tent
and the commander in chief came
out, greeted the troops and passed
down the line saluting eacli and evo
ry soldier with a kiss. All the men
were much moved and many of them
wept. The incident served to in
crease their boundless worship of the
old, grey leader. Gen. Llnevitch
continues energetically the reorganiz
ation of the various departments of
Killed llIH Sweetheart.
A dispatch from Woodbury, Ga.,
states that Oscar Stimson shot and In
stantly killed his sweetheart, Minnie
Womble, a sixteen-year-old girl, at
her home In Woodbury Wednesday
night. After shooting the girl, Stln
son turned the gun tn himself and
shot himself. The wound did not
prove fatal, and he is still alive. Jeal
ousy ls saitl to have been the motive.
BOTH Togo and Itojestvcnsky aro
entitled to large creelt for tho fact
that they have not dono any prelimi
nary lighting with their mouths.
A Mistrial Entered for the Sec
ond Time in the
NAN PATTERSON CASE.
At Twenty Minutes Past Two O'clock
Thursday Morning the Jury Report?
ed that lt Was Hopelessly Dis
agreed, After which they
The Jury that has been trying tnt
Nan Patterson case in New York foi
the past ten days failed to agree anc
were discharged Thursday morning,
Nan Patterson ls charged with thc
murder of a gambler by the name 01
The jury was given the case at 1.3(
o'olock Wednesday and after dellberat
lng 12 hours came into court at 1.3C
o'clock Thursday morning and inform
ed Recorder Goff that they had fallec
to reach a verdict. The jury d?clin?e
the recorder's offer to aid them by ad
vice on any point of law regarding
which they might be in doubt, anc
were sent baok to continue their delib
orations. At 2.20 o'clock the I ur}
1 again entered the court room, when
1 the recorder and other court ofllolali
' were in waiting, and the foreman an
nouueed that they had failed to agrei
1 on a verdict, fle added that their dis
agreement seemed hopeless of adjust
ment. Upon this announcement Ile
' corder Goff formally discharged thi
12 men composing the third jury tba'
has considered this celebrated case. I
1 is understood that a majority of tht
jury was for acqultal, but in wba
proportion they stood cannot be ascer
Miss Patterson coila; sed on th
' jury's announcement and fainted dea<
away. She was assisted from the cour
i by one of her counsel and several cour
attendants and revived lu the ante
room. On the second return of th
jury, Recorder Goff made a persona
appeal to the foreman to enelcavo
1 again to reach a verdict. The foremai
t entered the jury box and'pojled th
jurors In opon court, but they wer
not able to agree. The recorder thei
asked them again if there was uo
2 some point in law or something h
! could do by which they might be abb
* to reach a verdict, but the jurors re
5 malned steadfast and ti ti a 11 y declarei
their verdict a disagreement. Record
J er Goff, before aismissing the jury
r cautioned them not to tell how tho:
r Recorder Goff In his charge to thi
jury said: "You must not think tba
because of the humble position of thi:
r woman you should not give her thi
1 same consideration as if she occupiee
' a more exalted position In society
Whatever her position, she is entitle
i to the same legal rights as the mosi
3 prominent and most conspicuous. I
: . there bo a reasonable doubt in thi,
1 case on the evidence, this doubt mus?
7 be thrown Into the balance for thi
defendant. A danger lies in the re
' marks of counsel which might taki
' your mind off the direct issue. Yoi
' must avoid this danger."
r Thi recorder described the two de
gress of murder and manslaughter li
" the drst abd second degrees, which, hi
J said, he apprehended by the request!
' to charge was thought by counsel ti
' bo applicable in the case, and proceed
' "I understand that there is no cl?ln
1 on the na.rt of thc defense that If thi
' defendant committed this homicide il
was either justifiable or excusable. ]
' a'.so understand that the defenseclaim
that the crime wus murder In the tirsl
1 degree or nothing. But you are nol
' bound to accept the arguments oi
\ counsel as to the nature of this crime,
You are the judges of the facts, i!
' there was murder, and lu what dagree
The crucial question ls: 'Did the mae
' kill himself or did this defendant 11?
j the fatal shot?'
"If the accused falls to take, ad
1 vantage of her privilege to make s
1 j defense, under advice of her counsel
her failure to do so must in no way,
be held against her.
.'Much has been said relating to the
motive which actuated this defend
ant," he continued. "The prosecution
claims that she shot the man because
he had cast her oil as his mistress
J Hut lt ls not necessary to prove mo
tive to convict of murder. If lt If
shown that a motive existed, then it
? tends to support the circumstances
Hut to do tills motive must be prov
ed, not imagined."
Hefore glviug the case to the jury.
Recorder Goff ruled on the requests
to charge Interposed in Miss Patter
? son's behalf. He refused tosubmltone
' of the requests, saying it would be ti
; direction to the jury to acquit the de
fondant. He told the jury, however,
' that they might disregard the testl
' mony of Julia Smith If they thought
lt right to do so. He also refused te
charge requests coucerui .g Pawn
broker Stern and the failure of the de
fens.: to call J. Morgan Smith. He said
that claims em either side were not tc
be considered us evidence.
After going over the requests, one
by one. Recorder Goff told the jury it
was not necessary that there shouW
be direct and positive evidence as tc
everything and it was sulhcient that
the facts be proven.
"If you believe that lt was a phy
Blclal impossibility, so far as the na
ture of the wound ls concerned, foi
Young to have shot himself, then that
lg a fact," he said, "but you must re
member that one inference cannot be
proven by another Inference.
"if you believe tho defendant fired
the shot without deliberation or In
tent tc kill, bat In a moment of pas
sion, then you may lind her guilty ol
one of the other degrees of manslaug
ter. In reaching your conclusion you
must not be swayed by sympathy oi
tohcr lrlluence." This ls the the sec
ond mistrial in the case.
On Serious i:tir.rge.
Jack Mlles, a negro, was jailed at
Thomasville, Ga., on Wednesday,
charged with attempted assault on
Mrs. Helle H. Parker, of Chicago, on
March 21. The crime occurred at
"Wildwood," tho .southern home of
Captain n. Thorndee, a Chicago
millionaire. Mrs. Parker was In the
room when a bullet crushed through
the glass, two lches from her head.
The officers claim they have evidence
to convict Miles, ?nd say his motive
was to drive John H. Knowlton, thc
woman's father, from "Wildwood."
Other negroes are Implicated in a
I onsplraoy to this er,d.
The Rapid Growth of the Industry
in the South. ,
Pinehurst Garden? nt Hummorvillo,
in thti State, Furnishes a
PrJzo Taking Product.
.The Pinehurst gardens at Sum
merville in South Carolina have shown i
suoh success In the cultivation of tea ,
; as to attract the attention of the
country. The leader in this work ls
Major R. D. Trimble, a native of
New York State, who has been con
ducting experiments in tea growing
and bas succeeded to a degree so re
markable as indicate a wonderful de
velopment of tea growing in the '?
soutbern part of the United States.
For generations 1B has been sup
posed that tea could de grown only in
Cbina and Japan, but of late years
India bas developed a large tea-grow
ing Industry, and within 30 years Cey
lon is very much engaged in it, and ?
now it is transferred also to the
United States. In fact suoh chills as
are in the winter air of South. Carolina
but improve and help the plants, so
that in luxuriant growth American
tea gardens are In advance of the
average Asiatic garden, and natives
of Japan who have'vlsited Pinehurst
bave expressed their wonder at the
splendid growth and production of
the plats in that vicinity.
It is the handling of tbe tea crop
? that makes the different varieties and
. makes them more or less valuable.
3 The supposition that there are differ
. ent kinds of plants themselves from
. wbich the varying qualities are gath
. ered is a mistake. It is in the early
3 and the later gathering and in the
l maturing of them that the high quali
t? ty, or inferior quality of tea ls de
I The imports of tea in this country
. cost about fifteen million dollars a
year. The expansion of tbe tea grow
B business in the South is so rapid as to
j lead to the belief that the American
t market may be supplied with domes
t tlc tea before many years have passed
. -time being required cbielly for the
e growth of tbe tea plant to bring it to
1 bearing conditions as well as to edu
r cate those who work in tea gardens to
a do so to the best advantage.
Q Tbe treatment of tbe tea from tbe
Q picking tbrough the sortir g and up to
A tbe Bring, as it is called, ls familiar.
t Tbis orocess is shown at Pinehurst
e and is of very great interest.
? A wide stretch of country is cov
i. ered by tbis beautiful growtb, and af
l ter the American fashion the fields
. are adorned with dower bushes and
foliage plants so that lt is more like
? ah exquisite private park than like
an ordinary farm.
-. It Is recognized that Pinehurst tea
I iBjOf the very finest grown. At the
* Exposition at St. Louis the Oolong
3 from Pinehurst took first prize in
] competition with the finest brand:, of
tea from th?, old world,
j The"Department of Agriculture of
t, the United States is taking the great
( cst Interest in the development of tea
., growth and manufacture, and the aid
?? it has'given has been a very Impor
3 tant factor in that work. This ls
. only one of the scores of Instances In
3 which Secretary Wilson, the head of
t that department, has shown himself
to be conducting it on the broadest
. lines of intelligence and enterprise
j and far sightedness. The triumphs
3 achieved under the leadership of Sec
\ retary Wilson in the last six or eight
j years have made a new record of sue
. cess In the department and placed Mr.
Wilson at the head of secretaries of
j Pinehurst tea farming is far past
I the experimental stage. It ls more
[ than a mere culture and is becoming
j an established occupation. It ls also
5 not an exceptional thing possible only
t in the vicinity of Summerville, lt
[ lias taken root there because of the
enterprise of citizens resident cf South
j Carolina, who first studied the condi
tions of soil and climate favorable to
j tea growing and then decided that
j the required conditions are admirably
met In lower South Carolina, and
especially in Dorchester county. Ex
t pertinents in tea growing In other
parts of the South are already said to
bc producing good results, and a com
paratively new Industry is added to
, the list that makes the agriculture of
the United States the most remark
j able in the world In its range of pro
. ducts and vast aggregate in volume,
and furnishes a new source of wealth
[ to that section of the country fast be
. coming the garden of civilization.
' (.ave [I lin- ,11 Ul?.
At Spartanburg Sump Nance, who
tired a pistol shot at Asba Bishop sev
eral days ago. but who killed
1 little Lillie Quinn instead, has
1 surrendered to Sherill Nichols. Ile
went to the home of a relative,
! Jue White, near Cherokee Springs,
1 and expressed a desire to give himself
lato the hands of the officers of the
1 law and White accompanied him to
the city. Nance is now in jail. The
' facts In the ca.se are familiar to the
\ readers of this paper. On Saturday
night about two weeks ago Nance and
; Bishop engaged in a dltllculfy in the
1 Wast End section of Spartanburg.
' They were near tbe home of Lucius
Quinn and when Nance fired at Blah
! op, the 8-year-old daughter of (?ullin,
j wiio WHS playing in the yard, fell with
a bullet In her brain, causing a wound
1 from which death ensued a few hours
' later. Nance escaped and has been In
hiding since the tragedy until he sur
Accidentally Killort Himself.
Gus Wallace, colored, accidentally
shot and killed himself Sunday night,
i while returning home from a negro
ohurch, near Fair Forost, carrying a
I double barreled shot gun. At the
time the gnu was discharged he had
alighted from the buggy and was
' quarreling with some negro on the
roadside. As he attempted to regain
i his seat in ?ho vehicle the gun was
' discharged and the entire load of one
barrel entered his left breast, pene
trating to tlic heart.
Crew of Six LiOHt.
Tho fishing schooner Florida was
lost in a hurricane near Campeachee
banks about ten days ago and that thc
entire crew consisting of six men,
went down with tho vessel. There
were twelve or more vessels of a simi
lar character anchored in thc lmme
dlatc vicinity and each pajrted Its ca
ble and went adrift. Some of the fish
ermen of other vessels saw a big sea
strike the Florida. lier lights swayed
to ono side and then she went down.
Two of her, small boats were later
picked up by'another fishing schooner
botween Galveston and New Or
That ls exactly what lt Is. aFIr
day at tho otate Fair showing its dre
Every Fariner, Oil Mill, Saw Mil
properly should have them. For sah
Columbia, S.O. The mac
2 THE GUINARD ]
? Manufacturers Brick. Fire Proof 1
Z Flue linings and Drain Tile. Prej
9 or millions.
t V/E ARE LO
' FOR YOUR 0?
Whiske I Morphine I Oigaret
Habit, Habit Habit
?Curerl by Keeley 1:
1329 Lady St. (or P. O. Box 76) Oolui
What Director Bauer Hays Alwin
Oropa tho Past Week.
The week ending Monday, May 1st,
bad practically normal temperature. 1
Though the first of the week was
cooler than usual, the last few days
were very warm, with maximum tem
peratures above 80 dagrees cn the
There were rains on the 20th, 27 th
and 29th, with hail In a few pUces,
and destructive high winds in Union
and Saluda counties. The precipita
tion averaged somewhat over an inch
for the State, though many places re
ported leBs than an inch, but over the
entire State enough moisture was sup
plied for the present need of all crops
and for germinating recently planted
seeds. There were excessive rains la
the central and eastern counties that
delayed farmwork from one to three
days, but, as a rule, the precipitation
was needed and proved very benefi
Plowing and planting were inter
rupted, but made fair progress with
the soil generally In excellent condi
tion. Cotton planting is more than
three-fourtus finished, and early plant
ings aro coming up to good stands;
same cotton has been chopped in the
eastern counties. There has been
some replanting done in the central
counties where the nights have been
too cool. Corn planting is now con
fined to bottom lands, and generally
to the western counties. Early corn
has good stands but ls being severely
damaged by cut and bud worms, ne
cessitating considerable replanting.
The corn that was cut down by the
recent frosts is coming out again and
will not need to be replanted. Eirly
corn is being cultivated.
Thc wheat crop is being damaged
by the fly in several northwestern
counties, bub is otherwise promising.
The oats crop was scarcely injured by
the frosts and, with exceptions in the
southeastern counties,- is in a promis
ing condition though heading too low
Truck was greatly benefited by the
showers of the week and is promising,
except peas which were injured by the
cold weather of February aud again
in April. Some white potatoes were
completely destroyed by the frost,
while the larger portion of the crop
ls making a new growth. Large
shipments of strawberries are being
Protected peach and other fruit
trees were only lightly touched by the
frost of the 17th of April, In the ex
treme northwest, while exposed trees
had all their fruit killed; the damage
is less in the central counties and very
small In the eastern one. Apples are
not promislrg. Pear trees are blight
ing badly. Rice planting has not yet
begun in the Georgetown district,
and is ab'jut Unisbed In other dis
tricts. Tobacco transplanting is well
advanced generally, and tinlsbed in a
few sections. Melons and othsr minor
crops are now doing well. Pastures
afford excellent grazing. The season
ls from one week to 10 days later than
Anotlior Mino Horror.
Sixteen men were killed and one
will die as the result of an explosion
at the Eleanora shaft near Big Run
Pa., Friday night. The mine is own
ed by the Rochester and Pittsburg
Coal and Iron Company. The night
shift was small or there would have
been more fatalltizes as every man
was iu the mine at the time of thc
explosion, except one is reported kill
ed. Three bodies were recovered, two
of them weie brothers named Kirk
wood. The men were English spsak
ing and resided at Eleanora, a small
mining village two miles from the
siiaf t. v
At Omaha, Neb., three persons
were kiilod Wednesday and six injured
by tlie collapse of a three .Cory build
ing at 13bb and Graco streets. The
building was occupied by tho Omaha
Casket company and the killed and
Injured were employ?s of the concern.
The collapse of :.hc i..ctory was duo
to a heavy wind storm, which near
the factory assumed fch^. proportions
of a small tomada. A terriflo storm
of rain and hail followed the destruc
tion of thc building several inches of
water falling in a short time.
Found in Pasturo.
The dead body of John Fogarty was
found Thursday In a pasture ono mile
from his homo, near Woodbury, Ga.
Mr. Fogarty left home in the morn
ing with the Intention of going to
Greenville. Mr. John W. Williams
same by Mr. Forgarty's home to see
him, but not Unding him, Mr. Fo
garty's family began a search and
found his body with a pistol by his
side. It is supposed he committed sul
fide but no cause ls given for the act.
l 'on ml Dead.
An unusually tragio dea'.ii was dis
covered ab Union on Friday morning,
when Thomas nowze, the son of a
prominent business man, was found
riead in a gasoline house. He had
spoken Thursday of being Bick, and it
ls supposed that descending tho few
steps into the tank pot, the fumes of
the gasoline overcame him. He was
not found until hours afterward.
^ "WK shudder when wc think of tho
consequences to the banks had Bige
low and Mrs. Chadwick Joined forces.
The result would have been just awful.
ill KILFYRE ! ? !
? Keillor. Demonstration overy
fighting qualities. ^
1^ Ginnery and any one owning
hinery Supply house ol the State
?erra Cotta Building Blooks, for - S
>ared to fill orders for thousands ?
All Drugand Tobaooo
nstitute, of C . -
nbia, B. O. Confidential correspond*
MEN? WRITE TO
DR. HATHAWAY ABOUT
ie has been Treating Diseases
of Mon for Twenty-five Years.
Iiis Reputation is Firmly
A VALUABLE BOOK FREE.
Whoso Knowledge is Free to th Sick.
Dr. J. Nowton Hathaway, of Atlanta.'
Jio groat specialist ia tho treatment of
lisoases of men, wanta to hear from every
nan who roads this umionncemcnt, who is af
1 ic ted with any private di soaso, and let him
ii plain to thom his now system of curing thia
slaw of disease, which cures in half tho time
-equired hy tho old method. I ir. Hathaway
las boon teating diseases of mon for moro than'
i quarter century, and ho is continually
iriginating and perfecting now methods by
vhich ho ran euro tho alllictod. Ho lias eurea
ia! icut-; scattered all over this country, whom
io has never seen, whoso discuses ho was able
o euro by a system which ho has for curing
ho alli ieted at a distance, and if you aro auf
oriug from any disease peculiar to your BOX,
r any other disease of a chronic or lingering'
.ature, such us Stricture, Varicocolo, Nerv
ii:s Dobillty, Loss or Manhood, Blood Poison
Syphilis), Kidney and Bladder Complaints,
Ihounuitism, Diseases of the Heart, Stomach
jid Liver, otc, you should immediately writ?
his great specialist, and lot him explain to
ou just what ia tho nature of your trouble
nd just what to do for rolief. Ho will coun
el amt advise you for nothing-advice that i?
lasod on 25 years of actual experience. A
:rcat many mon make thu mistako of their
ives by placing their cases with their local .
ihysicfan, for tho average practitioner no
nal t cr how competent ho may bo, has not had
ho experience necessary to successfully. treat
ucl? delicate diseases. What you need, and
. hat you will be compelled to resort to if .you
iver get cured, is skillful, scientific troatmont,
dministored byan expert specialist whom you
now ia competent to treat you. Dr. Hstha*
ray lias been evjiblishod in Atlanta"" or nearly
a years, and his reputation is known to alf.
ie has built up tho largest practice in this
omit ry hy dealing honestly with tho people,
'oil take no risk whatever in dealing with him
-you cnn always feel assured of a "square
You cannot expect to go through lifo afflict
d with a disease that you know will ovdntnal
V lead you to a possible death, so write Dr.
fatliaway a letter right now, tolling him just
low you suffer, and ho will immediately Bond
ou his opinion of your case, accompanied by
valuable book on your disease, all of which
s absolutely froo. Have no hesitancy in
miine him. Tho permanent addrossis
J- NEWTON HATHAWAY, M. D.,
8S Inman Bldg., Atlanta, Ga.
A Proposition of Interest
To all readers of this paper, who
?all or write for treatment wltbiu the
?ext 30 days 1 will cure them of tho
bllowing diseases for ONE-HALF my
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j COLUMBIA, S. C.
The Canning Business.
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