Newspaper Page Text
IIA* DECLARED IHME.
LATEST ATEMPT TO UAIN LIBER?
Thaw Is Sent IIa? k to Any hin??MIIN
Hajo* Thaw Wail Insane When He
White Plain*. N. Y . Auf. 12.?Har?
ry K. Thaw's latest attempt to gain
hl? liberty mat with complete and
disheartening defeat today when Su?
preme Court Justice Isaac N. Mills
dismissed the writ of habeas corpus
and declared that "the release of the
petitioner would be dangerous to the
public peace and safety." The sign?
ing of an order sending Thaw back
to Matteawar is all that remains to
complete the failure of this latest ap?
peal to the courts.
There la no crumb of comfort far
Thaw In the 7.000 word opinion hand
ad down by Justice Mills today. All
the contentions of District Attorney
Jerome are supported, and It Is de?
clared that Thaw Is still Insane, and
etfll aa much as paianolac as on the
day he shot Stanford White.
Thaw, waiting In the White Plains
Jail at the rear of the court house
where the decision was filed, received
the newa wit outwitrd calmness. The
members of his family and his attor?
ney seemed stunned by the thorough?
ness of their defeat Thaw declined
to giro out any extended statement,
contenting himself with the assertion
that his next efforts will be upon the
court of appeals, t hrough which he
expected to secure a hearing before a
Jury In his effort to have his com?
mitment to Matteawan set aside. The
case before the court of appeals is
one which has been under consider?
ation for some time.
Justice Mills In his opinion today
reaches the following conclusions:
f That Thaw was Inssne when he killed
White; that he hm. not yet recover?
ed; and that public peace end safety
would be endangered by setting him
at large. He upholds District Attor?
ney Jerome's contentions that Thaw
?till cherishes delusions regarding the
practices of Stanford White and his
associate*. He characterlsea Evelyn
Thaw's tale of the Madison Square
tower room and similar stories about
White told at the sanity hearing as
"wild and groasly Improbable, evi?
dently to any normal mind grossly
exaggerated. ' He aserts his belief In
the testimony of Susan Merrill re?
garding Thaw's alleged practices and
points out th' -ontrast between
Thaw's chivalrous ittitudc as a pro?
tector of young American woman?
hood and his pr?v,iU life.
GAXJKUIA ASSEMBLY ADJOURNS.
JMssaoti Remarkable for she Many
/ (Yea* Bills Introduced?Lnwmak
ers Accompllahcd Little In the Way
off Verlad Legislation.
Atlanta, Aug. 11.?The Georgia
Genersl Assembly adjourned tonight
With mixed feelinga of regret and
pleaaure. The Legislature regretted
that the constitutional limit of the
session had been reached; the gener?
al public rejoiced that the end had
This session Just terminated will
probably go down In history as the
one In which lees real work for th.?
public waa accomplished and more
freak legislation threatened than any
other In the memory of the oldest In?
habitants. That much of the latter
waa defeated was due to the deposi?
tion the Assembly early displayed to
dispute every bill Introduced.
Two of the measures which re?
ceived the strongest support upon
the pert of the most advanced people
never reached a hearing In either
house. One was the compulsory ed?
ucation bill. It provided that each
child In the State under the age of
14 must attend school at least three
months a year. This bill was fought
strongly by certain Influences. There
are Oref 20,000 Illiterates In the
State. Tho most effective argument
used against the bill, and the one
which probably kept It from getting
a hearing, was the "color line." The
opponents of the bill charged that It
would force the negro Into the
schools, give them a better education
than the whites and make them more
useless than ever.
The other measure strongly en?
dorsed was the one to submit a con?
stitutional amendment to the people
to decide whether or not the Legis?
lature. Instead of meeting each year,
should meet only each alternate year.
This was ndvocated by business or?
ganisations all over the State, but
? was effectively opposed by the politi?
cians. A resolution favoring a con?
stitutional amendment permitting the
popular election of United States
Senator met a similar fate.
A bill which would have paSSjed a
he^vy tax upon all foreign corpora?
tions doing business In the State B/at
killed ?>> i n,iri<>\v majority. Another
H ,,, ? t BjaJM and to provide lor ?
if trio v. ,i rdel V II Mlled heran*?- t h ?
memh* n declared they did not know
enough about the necessity of game
pfgjsjtliof to legislate Intelligently.
MOOT RADICAL PROHIBITION
BILL EVER DRAWN.
Prohibit* Advertising, or Soliciting
Orders for Intoxicants?Heav y
Fines Decided Upon.
Montgomery. Aug. 12.?It Is ex?
pected that the bill drawn by Rep?
resentative Fuller, designed to cover
all loopholes for evasion of the pro?
hibition acts of Alabama, will be put
on Its passage tomorrow In the
house. The measure is declared to
be the most radical prohibition bill
Declaring possession of liquors, ex?
cept in residences. Illegal, the bill
provides that such possession shall
be prlma facie evidence that the
liquors are kept for sale; it prohibits
newspapers from advertising intoxi?
cants, prohibits such advertising on
bill boards and excludes dodgers or
other printed matter advertising
liquors from the State.
The possession of federal license
to sell Intoxicants is made prlma fa?
cie evidence of violation of the law.
When liquor is delivered to sny
public place the delivery is tu be con?
sidered an evidence of sale.
Officers are given the right to
break open and raid any building in
which it isv suspected liquors are
If a drunken man injures another
In any way, the person who sold the
liquor which produced the drunken?
ness in liable for damages to the in?
Witnesses in liquor cases are com?
pelled to testify, or be guilty of con?
tempt; servants may not be excused
from testifying against employers.
Sheriffs must publish monthly in
newspapers as well as by placards, in
large black type, the names of per?
sons in their respective counties who
possess United States internal reve?
Prohibited liquors are not to be
treated as personal property but ad
Judged contrabrand, and ma}' be de?
Every m*m or corporation applying
for a charter must sign a pledge not
to violate the prohibition law in any
If the agreement Is broken the
charter is declared forfeited.
Under the Fuller bill, solicitors
may begin prosecutions and grand
'Juries must indict.
The bill prohibits the soliciting of
orders for liquor for concerns out?
side the State; prohibits shipping li?
quors from one place to another with?
in the State; provides that any places
in which liquor is stored, or from
which any prohibition violation is
accomplished, may bo declared a pub?
lic nuisance, arid be closed by injunc?
tion; liquors shall not be received for
storage nor for sale; no person shall
act for a friend in procuring a sale;
C. O. D. shipments are prohibited.
Buildings must not be leased to
any one for the sa e of intoxicants,
and in case such traffic Is conducted,
the lease on the building is forfeited.
Finally, all persons are prohibited
from using signs bearing the word
Violation of any ose of the num?
erous provisions is declared a mis
deameanor, punishable by fines rang?
ing from $50 to $200 and by six
months hard labor.
The bill will be passed. No amend?
ments will be allowed unless they
seek to make the law more
Mr. Fuller Is president of the State
Sunday School association.
MORE ROOM FOR WINTHROP?
(Governor Ansel PropowcH to Lease
Rock Hill High School Property
for the College.
Rock Hill, Aug. 13.?Gov. Ansel, as
chairman of the board of trustees of
Winthrop College, has made an offer
to the board of trustees of the Rock
Hill school district to rent the high
school property for a period of one
year, In order to provide teaching
room and quarters for the large num?
ber of additional scholars who will
enroll for the coming season.
This offer was received here yes?
terday and will first be acted upon
by a committee of the local school
board, consisting of Messrs. J. B.
Johnson, J. M. Cherry and W. Black?
burn Wilson, who In turn will report
their action to a full meeting of the
It Is not seen how the board could
refuse this offer for a property which
Is lying Idle, and costing the school
"^?ict $100 a month In Interest
charges, owing to the* failure of the
high school; but a peculiar condition
prevails here, in that the school
hoard Is hopelessly deadlocked on
the question of the sale of the prop?
erty to Winthrop, the natter now
t?*-irik in the courts. Tht VOtt to tell
Um property was 4 to i, hut since
then <?ne of tin- afllrmatlve voters,
Capt, w. ir Roddty, has died, thus
leaving the board deadlocked, with
no hops of i settlement or teen tltct
in? a tttccftor to Capt. Roddey?-at
Iff t the hoard has so far refused to
go into any t itctlon.
PETITION IS DISMISSED
SUPREME COURT SAYS THERE
IS NO SPECIAL LEGISLA?
Opinion of the Court Not Filed Yet?
Firn? Arguments on Roth Sides of
Columbia, Aug. 13.?The State su?
preme court met in special session
yesterday to consider the petition
from Charleston to enjoin the elec
tlon on the dispensary question. The
matter was presented to Chief Justice
Jones at Lancaster and he called the
entire court to hear the matter.
The petitioner, T. M. Jellico, a rail?
road conductor, was represented by J.
P. Grace and W. A. Holman. The
county board of election commission?
ers was represented by Senator Huger
Slnkler. Gov. Ansel designated Hon.
M. L. Smith of Camden to represent
the State of South Carolina. Attor?
ney General Lyon had declined to
have anything to do with the case, as
it was not a part of his duties, and
furthermore he is a member of the
State board of canvasers.
The petitioners allege that the
prohibition law of 1909 Is inoperative
because it is special legislation and
also because it Is unconstitutional in
that the title does not set forth the
entire scope of the act. They alleged,
therefore, that all except that part
expressed In the title was void and
Had the court sustained this view,
there would be prohibition in the
State from now until the general as?
sembly meets, for the title of the act
says nothing about dispensaries, local
option elections, or anything else.
But the court did not take this view.
No opinion was Hied yesterday, the
reason will be published later. But
the court made an announcement
that Its decision was that the peti?
tion be dismissed.
One point at issue was that this
was special legislation, taking the
taxes or property of the people of the
whole State to pay the expenses of
the election in 21 counties. Senator
Slnkler replied forcibly to this argu?
ment, declaring that no appropria?
tion for this specific purpose had
been made, but that the expenses
would be paid out of taxes already
Mr. Smith replied especially to the
argument with reference to the sec?
tion of the complaint that the tjtle
does not conform to the body of the
act. He showed very skilfully that
the local option portion of the act,
while not in itself an Ironclad prohi?
bition statute, gives the possibility of
prohibition in those counties in
which there had been legal sale of
liguor, and therefore is in effect a
Mr. Holman argued very earnestly
that the act of 1909 Is special legisla?
tion In that It allows some counties to
settle the liquor question, while oth?
er counties which have already voted
out the dispensary can vote again
when their four years of prohibition
shall be expired.
The arguments of the plaintiff's
attorneys were adroit and skillful,
but the decisions of other courts
rited by Messrs. Slnkler an 1 Smith
teemed to be convincing th-** the act
is not special Iff .ishitl m. nor does it
e n:.let with in_? constitutional re?
quirements as Id lit'*4 conforming to
the body of the act.
The barn owned by Mr. D. W.
Johnson, who lives about two miles
from Orangeburg, was struck by
lightning and one of his fine mules
killed. The other live stock escaped
uninjured. Little damage was done
to the barn Itself.
CLYBURN A SUICIDE.
Mr. Ernest Clyburn Blows Out His
Bra I ns With a (iun?He Was a
Promising Young Man?The Note.
Kershaw, Aug. 13.?Out at the
home of his father, Hon. W. U. Cly?
burn, near Halle gold mine, Mr. Ern?
est Clyburn committed suicide this
evening by shooting himself in the
forehead with a 44 calibre pistol. He
had attended Wake Forest college fqr
two years and was at home on his
vacation. He was a very popular
young man, about 20 years old, with
a bright future. A note was found
on his coat pinned there by himself
In which he said: "Blame no man
ofr this act. I did it myself.
Wounded by Explosion.
Charleston. S. C, Aug. 12.?In at?
tempting to open a box of amunltion
With a hatchet. J. A. Flshburne, an
ordinary seaman, caused an explosion
at the camp Of the first division.
South Carolina naval reserves, on the
Isle of Palms this afternoon in which
|)? and Henry DecOU, the sentry who
against orders had allowed him to
enter the amunltion tent, were bad?
ly Injured. There was enough am?
munition in the t<-nt to have destroy?
ed a small t<?un. but fortunately only
three cartridges were exploded. Both
ol the wounded men will recover.
E can supply you with BAGGING and TIES.
Call and get our prices before you buy.
We know that we can save you money on these articles besides giving! you
goods that have quality.
Don't forget us when you are ready to purchase. .
A. Strauss ? Co.,
25 NORTH MAIN STREET.
WRECK NEAR FLORENCE.
SCORES OF LIVES ENDANGERED,
BUT NO ONE HURT.
Two Engines Coupled Together
Smash the Two Rear Cars of a
Work Train, Loaded With Coast
line Employes, Into Kindling
Wood?Engineer Jump?, and Saves
If you have farm property in Sumter or Clarendon County which yea
wish to sell this season, you should list it now, in order that it may be
inspected and properly advertised for the fall business. I have a number
of prospective buyers for well improved property, and If your prices are
right, we should be able to do some business.
Florence, Aug. 13.?The telescoping
of the rear end of a work train on
the Atlantic Coast Line near Mars'
Bluff, five miles east of this city, at
an early hour this morning, came 4
very near resulting in the wholesale
slaughter of the lives of a large num?
ber of white and colored employes of
Extra work train engine No. 321.
pulling a large number of ballast cars
had come to a stop just north of
Polk swamp trestle, near the Mars*
Bluff switch, and the conductor, ac?
cording to the signal from his engi?
neer, Taylor, sent his flagman out to
protect the rear of his train.
It was a very foggy morning and
the flagman had gotten just a few
feet away from the caboose when the
second section of train No. 208, en?
gine No. 399,. and pulling? engine No.
89, with Engineer Noble at the throt?
tle of No. 399 loomed up. Before the
flag could be waved, it is said, the
two engines, coupled together and
running as second 209, struck the ca?
boose of the work train, tearing it in?
to kindling wood and throwing it in?
to a mass of wreckage in the ditch,
and ploughed its way on Into the sec?
ond caboose, doing likewise.
In the cars that were wrecked were
a number of white and colored em?
ployes, nome of the latter being still
in their bunks, as the train was going
on a long run up the road to where
they were to unload and the hands
would not be needed. Through some
providential cause not a soul on the
train was injured.
The engineer of No. 3J?9, it is said,
joined the "bird gang" and, of course,
was not injured, having jumped be?
fore the crash came.
The wrecking train, in charge of
Wrecking Master Alex L. Sessoms,
was sent to the scene of the wreck at
once and soon had the track cleared
and open for trains to pass and de?
layed the incoming and outgoing
trains for only one hour.
The broken engine a:nd wrecked
cars were brought back to the city to
The two engines, Nos. 399 and 89,
were being carried to Rocky Mount,
N. C.? for an overhauling and general
CITY, FARM AND TIM?
BER PROPERTY HAN?
DLED. REAL ESTATE
26% N Main St.
RTt D^v1^^?~ ??"SY INVESTED Ml
* GASES. LET ME INVEST
REAL ESTATE ATTORNEY.
The Seaboard Air Line Railway
company is going to build a trestle
through Columbia. Plans are now
being prepared for contractors. It
will take a year to complete the
work. Local labor will be employed
as far as possible.
Insurance In All Lines.
My friends wanting either Fire
or Live Stock or Plate Glass In?
surance, will please call on me as
I represent No. 1 Companies, in
both lines. Can insure your
Horses, Mules, and Cows, in the
American Live Stock Insurance
Co. by death from any cause.
W. A. BROWN,
Sumter, S. C.
E. J. * W. I
Plans and Specifications for
all Classes of Buildings.
Personal attention given the
Supervision of all Work.
Law Range ephone 390.
Sumter, S. C.
YOUR IDLE MONEY AT
7 AND. 8 PER CENT
Sumter, S. C.
Atlantic Coast line
-ANNUAL EXCURSION TO
Washington, Norfolk, Wilmington
and to the Mountain and Seashore
Resorts of the Carolinas and
Virginia. : :: :: ::
Exceedingly low rates are offered with liberal limit.
Tickets will be first class, good on all trains, limited to
return to and including September 2, 1909.
For rates, schedules and sleeping car reservations, see
your Ticket Agent or communicate with
W. J. CRAIG, T. C. WHITE,
Passenger Traffic Manager, General Passenger Agent.
WILMINGTON, N. C.
Thirtieth Annual Mountain Excursion Via
. IWIIST lltlw IHM.
Very low round trip rates to the principal resorts in North Car?
olina, South Carolina, Tennessee, Washington. D. C. and NorTolk,
Va? including Asheville, Brsvard, Flat Rock, Hendersonville, Hot
Springs, Lenolr, Llncolnton, Marlon, Saluda," Shelby, Tryon and
Waynesvllle, N. C, also Abbeville, Anderson, Glenn Sprngs,
Greenville, Laurens, Spartanburg, Walhalla and White Stone
Lithia Springs, S. C, have been authorized. Tickets will be on sale
for all trains on August 18th, 1909, from Barnwell, Camden, Ches?
ter, Denmark, Summerville, St. George, Branchville, Orangeturg,
St. Matthews and Sumter, S, C.
Tickets will be good returning on any regular train up to and
including September 2nd, 1909.
Children between five and six years of age, half fare
For dt tailed information, tickets, etc., apply to Southern Rail?
way ticket agenU or address.
J. L. MEEK,
Asst. Gen. Pas. Agt.
L. D. LUSK,
Div. Pass. Agent.
Charleston, S. C.
The Prosperity of the
Depends very much on the ability of its Banks to loan all the
money that can be used to advantage by our merchants, our
factories and the farmers who do business here. Money de?
posited with us does not remain idle. Help the community
and at the same time yourself by depositing your money here.
When all the money a town is working, the people are
usually all busy too.
Bank of Sumter.
You should join the procession and take your account to
FARMERS' BANK AND TRUST GOMPANY
the number <>f whose patrons is growing each day, .-is is evidenc?
ed by an Increase In it* daily exhibit of from $41.7.1*67.61 on July
28th, 1908 t.? $r.25,167.91 on July L?sth. 1909. This bank has both
the Inclination und ability to take care of all desirable business.