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The Newberry herald and news. (Newberry, S.C.) 1884-1903, June 26, 1903, Image 1

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ESTABLISHED t5T. N IWrflER~-R. '. C. FRDA V, JUNE 26 1903 TWICE A EK $1.50 Ai YAR
THE TILLKIN CASE
GOES TO LEXINGTON.
CHANGE OF VBNUB ORDBRED BY JUDGE
D. A. TOWNSBND.
Over Sey,!L Hundred Affidavits Read For
And Against The Change- Defense
Pleaded For Saluda County.
Special to Herald and News.
Columbia, S. U., June 25.-Judge
DA. .Townsend this morning ordered
\that the trial of James H. Tillmpu on
the charge of murder for the killing
of N. G. Gonzales on Main street in
Columbia on January 15 last, be
held in Lexington county.
Court meets in Lexington county
on the third Monday in September,
and Judge Gage will preside.
Counsel for Tillman strongly
pleaded that the trial be ordered to
Saluda county.
Since a change has been made,
Lexington county is satisfactory to
the public here.
P. M. BRioE.
Columbia, S. C., June 24.-Argu
ment on the inotion for a change of
venue in the case of James H. Till
man, indicted for the murder of N.
G. Gonzales, was concluded at 5
o'clock this afternoon, and Judge
Townsend at once announced his
decision that the change should be
granted. Counsel disagreed con
cerning the county where the case
should be sent and this was left un
decided for the present.
The argument was begnn at 5
o'clock yesterday afternoon by Col
George Johnstone for the defense.
Col Johnstone is one of the most elo
quent and resourceful law)ers of the
State, and he spoke for over an hour,
criticising and commenting on cer
tain of the prosecution's affidavits.
Before Col. Johnstone's opening
argument more than seven hundred
affidavits on both sides had been in.
troduced, those for the defense alleg.
ing that a fair trial could i.ut be had
in Richland County, those for the
State alleging that, as fair trial could
he had in Richland as in any county
in the State.
The hearing on tho motion for a
change of venne was taken up before
Judge D. A. Townsend on Monday
morning.
Senator Tillman, Mrs Tillnian, de
fendant's mother, and Mrs. Tillman,
his wvife, came to the court honse
soon after the defendanat, who wvent
te see them in an ante room wvhere
lhe remained a few minutes. After
t he proceedings were under way Sen.
ator Tillmnan, Mrs. Jas H. Tillman,
with her little child, and B. R. TVill
anm, Jr , came i nto, the cou rt. room~f
andi t.ook seats near the defendant.
The rmading of the affidavits pro
ceedled in the ordinary way, Mr. John
sitonie read inmg a p'art o f t hemr Some
imeis MIr. Nelsonc anid Mr. J1.hanstonei
mnade paarenathetical remraarks dunring
thme reading, but Mr. B'llinag.r pro
tested4 andi thIe judl(ge decl arod that
the ailidavits must b et stict ly' istk
to.
A mnass or ailidavigs were read the
firsa day anid by 5 o'clo)ck of thme seo
oud day each side had presented
about 300) or 400. Probably thre
most niot able affidavit, for the defense
wvas that of Col. Wilie Jones, setting
forth that "public seuntimuent" in
the city and county "is intense
against James. H. Tiliman." It
was followed by a letter, however,
written later, in wvhich Col. Jones
stated that he should not be. coin
at rued as saying that Tillman could
niot get a fair tial in Richland.
The last da1) s pr'oedings were
opented with the argumenat of Mr. An
drewv Crawford for the State', against
the motion. He was followed b~y
Mr. P. H. Nelson for the defense
and Mr. (i Duncuan Bellinger-, for
the prosecution.
The sensation of the dlay followed,
when Ex-Judge 0. W. But-hanan,
the defendant's brother in law, ad
dIressed the Court. It was not
thought that .Judge Buchanar
would speak, especially as thbe de
fence had left only about lifft in,I
uites of the time allotted that aide,
which, it was presumed, would be
occupied by Congressman George
W. Croft, Tillman's law partner.
But Judge Buchanan spoke for
thirty minutes and delivered a bitter
arraignment of the press, the com
mercial interests and the people gen.
erally of Columbia. Het asserted
that commercialism had supplanted
the old Southern standards, and that
the press was now at liberty to
abuse and villify any man who spoke
his honest convictions. He charged
that the State had goaded the de.
fendaut to desperation by its abuse
of him, and said the State had now
cracked its whip and lashed the
citizens of Columbia into signing
affidavits for the prosecution under
fear of the State's power. He
charged that the capitalist interest
and the press were allied, and that
men had been intimidated into sign
ing those affidavits lest their position
or their nusiness he injured.
"By grabs," exclaimed Judge Buch
anan, "if they don't like this let them
lump it"
Judge Townsend interrupted the
speaker to say that he was consum
ing the time of the defense and leav
ing none for Mr Uroft.
After the dinner hour Mr. Croft
closed the argument.
At its close the Court announced
its decision to grant the motion and
asked counsel for suggestions concern -
ing the place to which the case should
be transferred. Mr Oroft suggested
Saluda, but to this Solicitor Thur
mond objected on the ground that
Saluda Court House is fourteen miles
from the railroad and accommoda
tions are too meagre to entertain the
two hundred witnesses who would
have to be transported there.
The defence strongly favored send
ing the case to Saluda, alleging that.
the defendant was entitled to a
speedy trial and this could not be
had unless it was sent to either Sa
luda or Edgefield, as Court for this
term has been held in other counties
of this circuit.
The prosecution strongly objected
on the ground that Salnda was but
recently cut off from Edgefield, J.
H. Tilliman's home county, and that
the county was formed largely
through the efforts of Goo. D. Till
man, the defendant's father. As to
speedy trial, the prosecution held
that Tillman had already causod his
case to be continued.
The other two counties in the cir
cuit, besides .-ichland and Salud,
are Lexington and Kershaw, wvhich
are oni opposite sides of Richiand.
Lexmngt on adjoins Edgefiel d, but hias
closeu tnsinuess interests with R iclIand,
and it is Lexington that the counsel
for the prosecution seemed to prefer.
M'C0Y LEADS FE3UDISTS.
Bleod Thirsty Mountaineers Raid a Vir
ginia Town Pitched-Battle
With Police.
Roanioke,Va., Junie '22.-.-A party' of
mountainsers led b)y Floyd McCoy, ai
member of the famous MeOov 1-lt -
field feudists, went. to the mni ng
town~ of Keystone, McDowell conunty,
Va , last night and took the law intc
their own hands. They insulted
many people.
Their abuse was resented by JIohn
Rieynolds, an em.iploye of the brewery.
McCoy's crowd crossed the rail
road and opened fire ou Reynolds.
A large crowd gathered and the,
entire police force went in pursuit.
McCoy's crowd retired ab)out 40(
yards, took a stand and1( opened firt
on the officers.
A pitched battle raged mi the dark
ness.
One of McCoy'a crowd was kille<
and another fatally wounded. Otheri
were injured. The police escaped in
jnry. McCoy's party escaped to th<i
mountains taking t heir dead am~
wounded with t bemn. The inmes o
the latter are unknown.
Great excitement prevails.
McCoy has not 'heeni oun the wa
paith for several years. T1hie H at
fields live in the adjoinifrg county.
C. CI. B.
Prof. F. A. COnmings, of Soiit
Carolina, has beeni chosen professo
o'f English language and literatur
at Hollins Instine in Virgini.
OLD MBMORIES.
Major Crosson, Now Of Texas,, Relates In
cidents Of Newberry People the days
Gone By-An Interesting Letter.
Among many good men, in the
church, I especially noted the Rev.
Mr. Galloway, Dr. A. V. and Jas.
Chalmers.
"'is to the virtues of such men, man
owes
His portion of the good that heaven
bestows."
M r. Galloway's sons and daughter
have made his name a household
word, in Seceder circles. Capt. Chal
mer'a son Clark, who marrim. the
daughter 3f that eminent man, Rev..
Chas. Strong, was a good useful
preacher and no wonder his son has
made a popular preacher. Of Dr. A.
W. Chalmer's grandson, Dr. W.
Hayne Leav"ll, I have heretofore
written. He has a magnificent church,
with a miembership of over 800.
It is a joy and pleasure to me to
attiend his church. He is highly in
tellectual, preaching to the head but
not, forgetting t,ho emotional part of
our nature. His issociate proaches
to the heart, not forgetting the in
telloectual. They make a strong
team. Dr. Leavell is a very pleas
ant and entertaining gentleman.
I said to him a few days since,
that he was not the only distin
guished man I had thrashed, that
Chief Justice Y. J. Pope had On
dured the same operation at my
hands. This, however, was not cor
rect., for when they went to school to
me they were good boys.
Leaving the church near Joseph
teid's and nut. far from the corner
of his yard where t Io railroad passes,
we see on the right the stump of
four largo pines. My iot her came
from Scotland in 1820 and was no
custoned to storms. Having soon
thereafter married my father, she
was driving a gig along the road, and
at this point, i roaring raging,
shrieking howling storm came down
upon her. Frightened, she left the
gig, and attempted to pass through
a narrow strip of woods, when
four large pine trees fell around her,
enclosing her in a space of not
more than twenty feet square.
Joseph Roid was a very neat and
good main. He married a lovely
woman, the daughter of John Clary.
He was cousin to my lst Lieutenant,
David Reid McCormick, who was
killed in hattle February 21st, 1802.
Wo will hereafter resunio our walk.
Among the good and usful men
of Newblorry, wvas John Chappoll, a
member of Cross Roads Baptist,
church, in the fork.s of Little and
Saluda rivers, of whom a friend re
l at es this incident:
One Lord's day, t he regular
preacher unable to attend, sent
anot her to supp)ly his place. Di
rectiing him to go to Bro. Chappell's
to ho enitertai ned, he receivedi that
kind hospitality for which Bro.
ChappellI was noted. At I le close of
he sernion the preacher cal led on
Bro. Chappell to pray. T1he kind good
old mnan looked up re.t her quIizzically
and said :" Why, good God Alnighty,
Bro. Joiies, I never prayed in my
life'' (meaning in public,) and brokn
out in a big laugh, at wich the au
I n 1848 I ra Pot ter a good pureachoer,
p)leisat gentlemane, of whom I wats
fond and wvho was o)fteni in my ollice
was (on the Nowherry c'ircuit. lie
once t old ate he wais going to have a
big meeting and wanted Uncle Jima
my Danially to assist him. But. he
wais so plain in denouncing prevail
inig Sis-callIinrg ''a spado at sp[adQ,"'
thtat he was afraid of hinm Potter
I said I'll write to htim that the New
a berry sontotrs were a tought set arid
-I warnted him to pour hot shot into
3 them. I don't, believe he'll da. it..
l TVhe o,ld man, so well knownt in New.
f hoerry ini Ihe dhays of '"no more" camne
anrd preached( a series of excellernt.
seroris. Maty anedotes ate told of
r him at nd hor is trne: A enrt aina emo
-tioinaI mtant of Cokoonury, wvhom I
well knew-we'll call h iim P'.--at
every b)ig mieet inrg wo(uld1 get happy.
Emot iorts easily excited; his rel ioni
as ephemeral as fire wvorks. Then
r relapse followed. On onte occasior,
e overflowintg with sitotion, uncleo. Jim
the back said: "P. you ought to die
right now, yon would go to heavoi;
in less than three weoeks the Devil
will have you again."
On Sunday, 19th of April, the 55th
anniversary of our .marriage, the
11th of our youngest and the birth
day of the next youngest, wo had a
pleasant family re-union, wife and I
and all of us are well aud strong
"How blest has my time been, what
joys have I known,
Since wedlock's soft hone.ase made,
Helen my owin."
I said with the poot:
"0, lay thy hand in mine, dear!
We're growing old;
But time hath brougt no sign, (lear,
That hearts grow cold;
'Tis long since our new love
Made life divine,
But age enrieheth true love,
Like noble wine."
Our son in law, '. S. Hill, Mayor
of the city of Paris, Texas,somewbat
of a rhymater, not being able to be
present, sent, us theso lines:
"On this bright April's nineteenth day,
In Houston you have once more met.
You young, you old, alike feel gay,
All griefs and sorrows now forget.;
Of all the days make this the best,
A Sabbath full of mem'ries sweet;
Whilst it is God's (lay of rest,
It makes your union more Complete.
A union, yes of gathered kin,
God in it too, as one of you,
A scene on earth of banished sin,
Will leave it thus to mem'ry's view.''
Tho Newberry people I havo met
lately are Prof. C. W. Welch and
family -all. well and prospering.
Mr.4. Robertson called on us and was
quite entertiniiing It. A W%'elch is
in finle health anid busy SainI Kont
nerly is still expandin)g. At, list
Iweting of U. C. V. Camip, Houson
Konnor was rigged oit. from hoad to
too in it new suit, lookilig woll and
fat. J. U. Martiti and fimily are
well anid lively.
Hero is an irwidont. int it Toxas
Justice court: Pete Joiies on trial
for assault on a woman at a "hig
meeting." Pete representing hin
self. Attorneys for the State vigor.
ous and loud. The severid darkoy
witnesses were inable to ostablish
the assault positively. The attorney,
a roarer, argueing, asserted positive
ly that. Pete, the darkey, struck the
woman. Pete replied: "Jack was
dar and he didn't so mie; Aunt.
Bettie was dar and she didn't, see
me; atnid all the other ia!gers- were
dar and they didn't see me. Nohody
sawf me but. Alr. S., and bless God,
he wasn't dar." Poto aequitted.
Adios. J. NI. CuOssos.
H-ouston, Tlexas.
SOUTH CAROLINA NEWS.
Items of More or Less Interest Condensed
In thme State.
More than 500) mill operatives suf
ferers from t he Gainesville and Paco -
let and Clifton dlisasters have gone
to Anderson wit bin the p)ast six weeks
and1 it is reportedi they have found(
steady work at goodl wages.
Th'le little daughter of Mr. liailet
St rango, living iniar WVoodruf (', was
st rack by lightning Mondlay after
non atnd instantly killed. The
grandmliot her of the clihl was near
her at the t.ime of her t ragic doenth.
Mrs. J. J. Gray, of Autreville,
Abbeville county, conmmit ted suicide
by taking Paris Green Sunday. She
had growni deOspondntl o ver thle deat h~
of her h usband( some1 t im a10igo, andO
ba m11Iiada' several pr.v ious at toeminp ts
at siido.l She was o5 years of
age.
Last woeok a crowdl at Bethunie
went to the house of Nod iSparkmtan,
a local negro piroachaer of unsavory
reputation, and after giving him i a
severe whipping fi red soveral shots
into his house, omne shot causing a
painful wound in his race'. Spn'rk
man was then told to leave the coun
try.
Th'le dead body of D)r. (CalIvert, at
inerchilatli at Clift.on, was founda
several . lays ago a f''w ini les bmelow~
P acolot by a dog meratclhi ng in t he
sand. T1hie bodsy wa-: covered a few
feet under the sand.
Tihe State Suimimer School at Rock
H ill oe~nied wvithI an onarolmmnt of
soimething like 250) teacher-pupils
amid with bright p)rospe'cts for it ver
succssfu sesioy
DOOMED NEGRO CHEATS GALLOWS.
John B1rownfleld, 1alling of Reprieve,
Takes Poison - Caused Georgetown
Iot- -a Fanous Case.
harleston Post.
Georgetown, J une 23. - John
BIrownfield, the negro who murdered
Deputy Sheriff Scurry in September,
1000 and was to be hanged on friday,
Jtune 26, coliilitted suicide inl hio
"tll in the county jail today by taking
poison.
It is nlot. knowinIo how he obt11nlled
he stulf with which he killed him
4olf, There has been somie tailk of
the possibi lit y of t lc(% eonldolm) ned in ill
taking his own liffe and cheating the
iallows, hit thoro was little expectia.
Lion of his boing able t") accomplish
it.
Browlifiold mado a remarkable
light, to escape the gallows and car
ried his ease to tlie Supreme Court
if the United States. He had ex
hiasted overy resource to save his
IVek, when finally he took his own
life inl the vorry shadow of the gal
Lows.
BrowniiAl killed Deputy Sheriff
Scurry oti Soptinbor 30 1900, resist
ing the cepit' unert.aking to ar
test himi in a barber shop. The
killing caused great excitement and
ai posso went to the woods and cap
iured Brownll and brought him to
jail. There was some talk of lynch
ing and the negroos began to gather
from the surrounding country to pro
vent any much proceeding, and after
wards with the purpose of rescuing
tho prisoner from the jail. The situa
tion became vory had and there was
inAniinent danger of a race war, when
Mayor Morgai appealed to Gov. Mc
Swooney to order out the militin.
Ihie Georgeiown companies and
Major Schachtv's command from
Ciiarleston wore quickly brought to
the scene and their presence ostab
lished order and the trouble quickly
subsided.
irowninld wias triod and convicted
in December, 190 1, and was sonte
ed to hang, but he appealed to t.he
Supreie Court of the State, which
pstainii ied thie judgment of the lower
coll.t. His case was then carried to
the Supreme Court of the United
State, Which denied his constitu
tioma rights, closing the last appeal
tribunal to the murderer. On last
'Tesdaty the negro was brought into
court. and finily sentenced to be
hanged on Frilay, une 26. He
asked that Mayor Morgan and tbree
priominenCIt cit izens oif Gaorgetowni
wvoul soo him and to thoem lie ap
pealed for inf luenice withI the Glover
nor to have his sentence conimut.ed
to life imiprisonmenit. They' dclin ed
to do anything, but recoumoended
that. he endeavor to enlist the sym pa
thy of of his victim's brother, (G. W.
Scurry. Mr. Scurry refused promi pl
ly and em phaiticallhy to raise his harnd
in the negro's behialf atnid declared
that lhe would sp)end( every (d01lar he
hail to bring his brother's slayer t<
justico.
It. O was expected that thle exec utioi
would stir-the negroes of the comrmu
nity) and1( precLauitions ad been1 preC
| ared( agL~ains any11 demuonst.rat ion.
PITTS' TIRIAL. POSTP'ONEDl.
The Young School Teacher Sufferlnj
From ConsumptIon - Slayer of
Pupil Foster.
Th'~e Starte.
Spartraniburg, JIune 25.-After dli
ping4ii~ of a nunber of doecket case
rnd routinoe wo)rk the court of gen
('rad 5essi1r11 Moridlay took up tab
ease of houberi Pittis, charged wit
the mnurdelar of Ed ward Foster.
Th'le caOse was conitinue unt11)11il th
unext. termr of sessions court.
Thie folliowinrg aftlidaivit was introU
Ashievi lie, N. (C., Ju11no 22, 1903).
TIhis is to cert.ify that Mr. Itnhi
lI Pit ts of htI,ur1ra is ini Ashevillo
N. C., under miy piersonial care
sul fori ng with1 tiubercutlosis. Mr
P it ts atlso hasi nervous prost.rati(:
and in tiny judegmenit. should scrupui
ously avidii alI mnit ad aind nervou
strainl.
I JAX. A. Iannourmarx M. i3
NORTHERN MOB BURNS NEGRO.
For Crime That Causes Lynching in the
South- -An Occurrence in Delaware.
Wilmington. Dol., June 24.-A
Northern mob, led by a Virginian,
burned a negro at the take Monday
night withinit a few miles of Mason
tnd )Dixon's lino. The victim Was
George 1. White, a negro, just out
of the work house, who wim accused
of having feloniously assaulted and
stabbed to doatih Miss Holon S.
lish-p. Tho crim.11% Walm ComIlit ted
last Mondiay afternooni and over since
thon 1here have boon inmutterings of
lynching the ian.
An effort was miiado Sinday night
to gft White, but it. failel N1Idiy
night,, however, as a result of the
law's slowness and much agitation
on the part of those who cried for
velgeance. a mob t hat. Was est iiat1ed
at 4,000 men and boys gathered in
the neighborhood of Price's ninor,
four miles from hero.
Armed with pistols, shot guts and
other weapons the mob soon reichod
the jail.
A battory of railroad ties soon car
ried away Iihe onter door of tho work
houno. The secondi, third and fourth
doors were battered down by the for
wiird leaders in the attaeking party
amid tho yells aid cheert of thoso
who were prossing forward from the
rear. Thei the wouild be lynchers
wore uomentarily halted by a hail of
bullets from the inside. A great
howl went up from the leaders, but
they wore pressod forward by those
in the rear.
It was evident that the arden did
not wish to siaughtor thm m)ob il the
prison co irridor, so lie dioreced that
the lfire bsoe ( turined oi tho crowd.
This also hold the mob for a time,
but not for Iong. A general rush
was mndo, tIe guards woro brushe,l
aside and a manill hunt, in the jail was~
made for the negro. Resistance on
the part of th-. negro was useless,
but hil hands wero tied behind him.
hou he Inarch tt the place of exe
cut ionl, just as m hough it were a
m1arch to the gallow in a tprison,
wiwi taken uplt.
NO ARRElSTS -.0m ECXP'ECTED.
W%ihninlgt.oii, ool., Jmnm5.-h
excitemeiont attending the gruesome
tragedy omted Monday nlight out
si(e the city limits when Ge'orgo 10.
Whit.-, the negro ravisher und mur
dorer of 17 your old Holon S. bishop,
was torned at the stake, has subt
sided.
Punblic se'nt iimnt. appe)ars5 to de
ptlore the re(sort to iniob violence, but
t he consenusms of opiniiion is t hat sum
mary vengeance alone0 could( atono
for the brutalh out.rago upon0 the life
anmd honior of t he young girl. It. is
generally holievmed that had the
cou rts brought the mutrderer to
speedy t rial last ight 's tragedy
wouhld have beeni aIvert od.
ALl. TrlRiIi TrO Bl RIEeUII.T.
The Clifton Mills -Nos. I and 2 Ona the
Same O!J Sites.
Spartanuiurg, June1 22 -Clifton
No. I, 22,702 spind los, 79)7 booms;
Cliton No. 2, 27,776 sptindles, 8($1
lotomis; Cli fto n No. 3I, 50,765,
spIind(les, I .596) boors, will be re
built. Posit ivo agroomont upon01 the
miatter ronched by' thle .tockhold:ers
andt dIirecI >rR. Nos. I and 2 will be
rebluilt no theoir formuer sit s; No. 3
will beo erfcted0: i8 on some' higher'i plamni'
than t he inill wvhich wa5 lest royed.
Thle estimaitedl cost of rebniling is
is far ini advance of anything like
$180,000. P- H I. L".
Thei1( direcitors eistimalhtE the miiill Iose
at ClIiftonu No. 1 anid 2 at $300,000)
all told. Tlhe directors of the D). E
Coniverse (Co. estimate the lomss ni
Glendale mills, Nos. I11 and 2, at from
$($0,00t0 to 65t,000.
TJhe city council of (Columibia has
passed an ord inantce reqlui ring the
tot, c ar iomflpanty to provide so par
ate accomimodations for thes whitb
and0: black races.
TI'he students of the College o
Charlotona have signified1 to the fac
Sulty t heir hearty (disapproval of th
prop)osit ion to admI7it wYomenO to th
clas roomus of the collage.
GENBRAL NEWS NOTES.
[tems of More or Less Interest Condensed
Outside the State.
Four Seaboard Air Line men were
killed and one seriously injured as
the result of a head-on collieion at
Niagara, N. C., 65 miles from Rrleigh.
Both engines were completely
wrecked.
The United States squadron has
,rrived at Kiel and was officially
welcomed. The Kearsage was an
3hored next to the place reserved for
-he Eminpenor's yacht.
The Summer School of the South
1as opened its second session at
Knoxville with an enrolment of more
han 1,200 students. The fanlty
includes 000 members, educational
3xperts gathered from all parts of
the United States.
In the chancery court of Virginia
Lhe injunction restraining the gov,
arninent. from taking possession of
the cruiser Galvostoi has beon dis
iolved. The government stipulated
t.hit, the ship shaill remain the prop
arty of the oro(it-ors until the case is
Ietermuinedt by the court of highest
resort.
A runaway train of 60 coal cars
withoutt an engiuo rushed four miles
down grade through the centre cd
Spokane, Wash., on Monday, domol
ishing several houses, killing four
people, injuring eight others, and
piling up a tangled mass of debris
nearly fifty feet high.
Kirch Kuylkndall, a convict at the
penitentiary at (onyon City, Col.,
was shot and killed while making a
desperato dash for liberty with five
other prisoners. They held up the
guards with a bot.tle supposed to con
tain nitro glycerine and carried the
wardon's wife along as a shield from
bullets. Thoy blew off the gates
with dynamite but the woman fainted,
Kuykendall was killed, and the others
captured.
THE POSTAL SCANDALS.
Grand Jury Indicts Machen, the Groffs,
and Mr. and Mrs. Lorenz Made to
Give AdditIonal Bonds.
Washingtion, 1 ne 25.--The grand
jury, which has b6den investigat.ing
piostal affairs, Monday returned an
indictment against. August W. Ma
chonl, Diller B. 0roff, Samuel A.
Groff, Goorge F. Lorenz and Mart.ha
J. ,oreiz, the two lat tr beiing resi
denitsa of Toledo, Ohio. As previously
statedl the specific charge is conspi
racy to defraud the Governmnent.
1'hoei iht mentI is based on Section
5,440 of the Rievised Statutes, which
parovides a penalty of $10,000 or a wo
years' implrisonmnent, or both, in the
discretion of the Court.
It wa,s said by Assistant Attorney
Taiggart t hat. the indictment was
found against Mrs. arid Mr. Lorenz',
because t he (leiece boefore the grandi(
jury showed them to be lie go be
tweens for the Glroff's and Macheni.
There are twvelve counits to the in
dict mimnt, eleven of which are sub
stanmtially thle samne as those found
p)revious5ly against. Machean and the
(Grolfs. TIhe Iirst con)tiLi of thle. pre:
ent inidi(ctmient, which relates to thle
conispirarcy charges, sets forthI that
on .June 29, 1900, in (lie District
of CJolumabimi, Lo9reniz, Mrs. Lore,az,
Machen anid the (Groff brot hers "'cen
sp)ired, combined, confederated and
aigreedi to defraud the United Sta'
Governmenat of its moneys," by the
fol lowing arranigemient: Machent ad.
vits anid recommend to the first as
sist amat Post master Gieneral t lhe pur
chase from the G rolff brot hers of a
large number of 'he Giroff fasteners
for mail boxes at $1.25 each and
should p)rocure payment thereof,
upjoni which the (iroff brot hors should
retain ($0 per cent. of such payment,
or 75 cents for each fastener; and
the Groff brot hers should then pay to
Mr. andl Mrs. Lorenz, either or both,
lie remnain ing 40) per cent. wvhich
wa is to be "'contverted, appropriated
and applied 'o the use" of Mr. and
Mrs. Lorenz and Machen. The in.
dictumnt says that this agreement
was carried out by3 Maclien on June
8 0, recommending the purchase of
(6,000) of the fastonuers at the price

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