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The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, April 26, 1913, Image 2

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DISBARMENT PROCEEDINGS.
CA AK OP &*B. EVANS IS HEEORE
Si PHKME COl RT.
Hlgheat Tribunal Make? Investigation
of Charge? by J. Fr?ser Lyon, For
saee Attorney (.mtril.
The Stale.
A miM >f testl?*">ny waa given at
the hearing on the disbarment pro?
ceedings against Barnard B. Evans,
attorney, of Columbia before the su?
preme r?>urt yesterday. Thr entire
morning session was consumed with
the presentation of the cas* against
Evana The afternoon session waa
given up to the testimony of the wit?
nesses for the defense. The hearing
wilt be continued st 10 o'clock this
morning in the supreme court at the
State house. There were many pres?
ent at the hearing yesterday. Evans
la represented by C. P. Sanders of
^partanburg and P H. Nelson of Co?
lumbia The prosecution is being con
ducted by Wade Hampton Cobb. so- |
llcttor J Eraser L},. i. former attor?
ney general, who brought the pro
feedings, was present at both sessions (
yesterday
Following the reading of the com?
plaint attorneys for the defense made
a motion to quash the proceedings.
After considerable argument the court
ruled that the hearing must proceed
The ma<n contention of the attorneys
for the defense was that the prm onl
logs should be quashed, because the
Information given aa to the action of
Evans waa not based on a resolutton
of a bar association, that it eras not
verified and that the charges In the
complaint should be presented to s
grand Jury and not to the supreme
court
"The charge of the court Is against
the motion to quash." said C. A.
Woods, acting i fc?M justice, following
a conference with the associate Jus
tie ea
Following the ruling of the court
C. P. Sanders read the return oi"
Evans. The court decided to elimi?
nate the hearing on acts charged
against Evana before he was admitted
to (be bar.. The court took unJor
onslderuthin the question of admit?
ting the testimony relative to th*
'harge* against three Saluda county
Tttsens by ICvana during a campaign
speech at Spartanburg last summer
tnd at the afternoon session excluded
the testimony.
The first witness called for the
pfosscut'og was Oeorge P. flatter of j
sVluJ.t. He gave testimony relative
o a checS for hum.9?. Evuna la el?
ated to bate signed and collected.
This check was drawrt by Frank dt
tons of Augusta, and according to tes
imony was to have been paid by
Qvana to Salter. who had borrowed!
?me money to pay a mortgage. The ?
witness said thst Evans gave him his
personal check for a larger amount
?od that It waa later turned down.
Frank A Sons la' r made the amount
good to Mr. Pol! e aatd that Frrnk
At Sons sen' of the original
Sfeggfc? With r e signed to it. (
J lumbia told of
Cashing ll for 919890 for
i if that it was later
tun gd He said that he later
SSAj In the hands of a local
and that John Gary Evans
f ? artanburg. brother of Rarnard 11
ans. paid the amount. Consider
ibla time was consumed by the va?
rious witnesses in giving testimony as
to this check. Oeorge R Rembert said
that as attorney for Mr. Robertson he
had collected the amount on the
check He said that he had notified
Barnard B. Evans that the check had
been returned and that later John
Clary Evans paid the full amount .
T E Howling, a druggist of Saluda.
<ave testimony relative to a claim of
1101 of the Murray Drug Company of
"olumbla which Evans is alleged to
taw collected. Mr Dowhnr said tint
he amount of his hill with tin- Co
umbia concern wa? lift and that
Kvaru Had told htm that Dr. MtfJffSfl
nad agieed to reduce the amount to
lloj The witness said that h. nil
aatd r.vaa? a total of lit! m small
iad received several re
??neral receipt. He had
I d paid Dr \V J. Mur
?v I >i UK compan> r iv e
... the DowhiiK claim bad
Oeen placed in Ibe liaiids of RvSSsi fuf
?olle? ihm. but that Evans bad not
elurned il?e money collected. Dr
vJnrrav said the ? lain- was (hen
dated in the hands of n Columtai
aw firm and ihm later John Uury
Cvani of Spartanhur* bad paid the
.mount Dr Murray said th.it In hot
ie\er authorised a redm I. ot tin
lalm Waller T tlreen of Columbia
alO that the claim against Rvsns fol
1103 had gggSJ plae, d with the tlrm
ie represented end that it was n? \ ei
olle? ted J Nelson FflefSOg of the
sw firm of Iturron. Mooie. r.aiiou At
JcKmv said that John Cat v Evans
iad paid the amount, tin- i hum hav?
ing heen plnead with bis hrm for CO|?
ectlon.
H N Edmunde. Robert Moorman.
) Duncan Hetlinger, It BeVSflj ller
?ert. Jarne-t II Eowb-s, Jr. I? W
RohinMori. ettavnays or Columbia in
repit to questioni ss to the reputation
BELGIUM STRIKERS WIN.
(iOVF.UNMKNT PIUPUUD TO
ACCEPT FHANC'IHSK SYST MM.
Adoption of Conciliatory lW^olutlon
by thumb* r of Deputies Will I .ml
the Qgggg Strike ami Business
Paralysis Will bv Believed.
Hi issels April 20.?opinion In gen
erul political dries Is thut at the ses?
sion of the chamber of deputies 'Tues?
day the government will be prepared
to accept the conciliatory motion of I
tili Liberal leader, M. Masson. This
provides that if the parliamentary
tomn.lttee recently appointed to con?
sider the reform of the provincial and
communal franchise system involves
a plan which appears to be a mani?
fest improvement on the present i
methods, tl ??n the advisability of re- j
vising parliamentary elec tions along ?
the same linea shall immediately be
considered.
The adoption of this motion by the
chamber would mean the end of the
strike which is paralyzing Belgium's
industries?a strike which, judging
from prejent indications, has not yet
reached anything like high water
mark. It is known that several of
the more moderate clerical deputies'
do not sympathize with the govern-1
merit's uncompromising attitude. The
clerical deputy. M Qoblet of M?ns,
said today:
"I was prepared last Friday td sup?
port M. Masson's motion it it had been
put. I sincerely hope that it will be
adopted on Tuesday."
of Barnard B. Evans a.') to "honesty
and veracity," said that it was "bad."
The attorneys for the defense ques?
tioned these witnesses as to what they
had heard. Several specific instances
were given by the witnesses as to al?
leged wrongdoing on Evans' part.
Several said that they had heard many
attorneys give opinions on Evans. H.
W. Shand, senior member of the Co?
lumbia bar, knew nothing of Evans'
reputation except that "it was not
very good in the matter of collecting
money for other people." J. A. Car?
son and E. P. Berry and M. P. Pitts,
all of Saludu, said that the reputation
of Evans "was not very good."
A i the afternoon session the su?
preme court ruled that It wus not
necessary for the prosecution to put
up witnesses relative to the charges
by Evans in the campaign last sum?
mer against several citizens of Sa
luda county. The court held that in?
asmuch as the return did not deny
the charges, that they were admitted,
und as there was no Issue of fact that
the testimony would be excluded. The
attorneys for the defense stated that
they did not mean to admit the facts
in the return. After some discussion
it was decided to amend the return
by inserting a statement that Evans
believed the charges when he made
them and that he did not make ;hem
with malice.
Following the ruling 1 y the court
several witnesses for the prosecution
gave testimony. B. F. SamUe. sheriff
of Saluda; B. W. Crouch, attorney,
and E. W. Able, attorney denied the
charge^ made by Evans in his Spar
tanburg speech.
The testimony of these witnesses
closed the case of the State.
8everal witnesses were then called
by the defense to testify as to the
reputation of Barnard B. Evans. The
following witnesses gave testimony,
saying that they would "believe him
on his oath " John T. McCain, J. L.
Mimnaugh. N. W. Brooker, F. C. Blg
by. S. J. Miller. John Civil, F. S.
Earle. Samuel Owings. W. W. Bruce,
Lawson I>. Melton. Mrs. Scott Brown,
W U Smuak, W. J. Blackman.
John Clary Evans of Spartanburg
a brother of Barnard B. Evans, gave
testimony for the defense. He said
that he had paid the two claims made
against his brother and had never
questioned either one He said that
his brother had not been notified of
Ism pawia nt ol the i lame He said
that the claim for $lfl had been
puui because ho did not wish i dis
i
lagreement between h?-? brother and
Dr. W J Murray.
Barnard B Evans, taklni ?in- stand,
mads answer to the charges contain?
ed "t tin- . omplalni He reiterated
his charges against B w. Crouch, ?5
I" Kample and H W \h|e
in ropl) to the char**** contained in
the complaint that during the year
i pi?, .i Krank & Sons of Augui is
m ill t.. him their cheek for 919H.90,
payable to Qoo, L Kalter, grid that
this ? heck was not delivered, the fol?
low no- i. pis was made bv Kvans In
' his return That at said times this
respondent was practicing Ian in the
county of SaltldSi ami. while ho do
nit; to ted as agent for unite a number
of 11> i Bona Who desired to borrow
money, among them being the afore?
said C?eo 11 Salter. That as such
agent he negotiated loans ami boi
rowed money for quite h number of
persons fiom the said Frank A
Sons. That In this particular in?
stance he indorsed the check as at?
torney In fact" for said Qoo. L Saltei
? ml as be honest k thought and be?
lieved ami believes he wes authorised
io ib. in tin particular Instance; thai
ALLIES ACCEPT TERMS.
RESERVE SOME QUESTIONS FOR
FUTURE ? BIT 1iE M E N T.
Kalk an States KcIum- to Concede
Everything Bnitjponu Concert Do?
rna ii<U at Once.
Athens, April 21.?The reply of the
Balkan allies was presented to the
European powers today. It is a gen?
eral acceptance of difference between
Turkey and allies, with the reserva?
tion, however, that the questions of
disposal of the Aegean islands and
the delimitation of the frontiers of
Thrace and of the future state of Al?
bania shall be left open foi debate
between the allies and the powers dur?
ing negotiations.
CUTS ALL COMMCXCATION.
Montenegrin Government Allows No '
Telegrams to Pass.
.London, April 22.?The Cettinje
Correspondent of The Times by in
dtfeet route telegraphed that the
Montenegrin government had stop-1
ped all communication between
Montenegro and the outside world.
No telegrams are being accepted. It
is believed that the decree of isola- j
tlon is connected with negotiations'
for the surrender of Scuf.ri.
ULTIMATUM TO MONTENEGRO.
Commander of International Fleet I
Menaces Mountain Kingdom.
Antivari, Montenegro, April 21.?
An ultimatum was sent to Montenegro
today by the commander of the in?
ternational fleet blockading the coast, j
It declares that, unless Montenegro
immediately withdraws her Hoops
from Scutari, the fleet will land troops
at Antivari, Dulclgno and San Giovan?
ni di Midua. An officer was landed
at Carraro and conveyed the ul
tlsaatum to Cettinje.
ICE BLOCKS SHIPPING.
Threatens to Cause Trouble for Grain
l loa I* on the Lakes.
Snult St. Marie, Mich., April 22.?A
blockade of lake carriers equalling
that of the spring of 190?, when large
fleets both up and down bound were
detnined at the Soo and above White
Fish Point for ?Vit a week by late
ice, tonight bids fair to occur again
this year. Approximately 123 grain
boats are there, headed for Buffalo.
The windrows of ice are 20 to 40 feet,
deep 'n placs.
The food and fuel situation on the'
fleet standing at White Fish Point is
causing an anxiety.
TROOPS TO STAY IX TEXAS.
Gen. Wood Declares Second Division
Of Army W1U Remain Mobilized
at Galveston and Texas City.
Qalveston, Texas, April 22.?Maj.
Gen. Leonard Wood, chief of staff, de?
clared tonight that the second divis?
ion of the United States army will re?
main mobilized at Galvcston and
Texas City "until the causes of the
mobilization are removed."
"I do not know just how long the
division will remain mobilized," he
said, "nor does any other man know. |
The division will remain any length
Of time, from one week to one year.
I am t>ure the stay will be a long one,
six months or longer."
Gen. Wood, who is on a tour of
Inspection of border camps, visited
Fort Crockett here today and express?
ed satisfaction with regard to camp
conditions.
said check was delivered to one Rob?
inson, a friend of this respondent, to
be cashed by him, that said respond?
ent paid to your respondent a part of
the money on said check at one time,
the balance being paid at other
times. Thai after receiving the
money he told Salter he was pre- ,
pared to pay him the money, and j
Sailer replied that the matter was in
the hands of Mr. Crouch and there
after v hen he learned that the said
check Aas in the hands of Mr. Rem
berl "f the < ity of Columbia, he went
t.. the office "i aid Rembert for the
purpose of taking up ihe same, but
t<?und Mi. Rembert ?an of the office
and foi this n did noi then take
said check as your respondent fully
intended slid propoaed hi do." it
aas further stated thai his brother
paid the amount ?d the ?heck
without his knowledge, !!?? said In
his return that "in Indorsing said
check and having the same cashed
he was acting honestly snd he verll)
thought und bell Ved ami had no in
tentlon of depriving either Mr, Saltei
? a Messrs Krank *\< Sons or .? r Rob?
inson <d tin it money."
The witness answering thi charge
relative to the Murruy < latin for
$i<>;;, admitted that he was employed
as sgenl to collect for iiw Murruy
Drug company und said thai he had
collected some money from Mr
Rowling of Saluda. but that It had
been applied tu other claims, He
said that he gave the receipt In the
name of tin Murru) Drug Company.
< but that i he amounts collected had
[been sent l<> tlnus outside Ihe Slate
CALIFORNIA BENT ON TROUBLE
REPUBLICAN BULL IfOOBE LEU
1SLATI HI-] STRONGLY ANTI
JAPANESE.
There Appears to Bo a fined Deter
niluatlon to Enact the Objectionable
Law and Thereby Embroil Federal
Government In Trouble With Ja?
pan?
Washington, April 22.?An ex?
change of telegrams between Presi?
dent Wilson and Gov. Hiram Johnson
of California, expressing on one hand
an appeal that no anti-alien legisla?
tion discriminatory against Japanese
be passed and on the other assurance
from California that no violation of:
treaty obligations was contempalted,
left the White House and official cir?
cles tonight uncertain as to future
developments.
Gov. Johnson's response to Presi?
dent Wilson's telegram of appeal was
taken at the White House to be of a
friendly and reassuring nature. When
it was pointed out to officials that not?
withstanding assurances that no
treaty obligations would be violated
Gov. Johnson had used in his tele?
gram the language relating to aliens
"ineligible to citizenship" in fore- j
casting the kind of bill that would
be passed, there was no disposition to
regard the utterance as forecasting'
the passage of the assemblv bill
containing that phraseology against j
which Secretary Bryan in his first
telegram to Gov. Johnson had legis
tered a strong protest.
Later, however, news from Sacra- 1
mento indicating that the California
governor and legislatois were bent
on passing a bill specifically exclud
ing from ownership of land all aliens
ineligible to citizenship resulted in a
general air of uncertainty with re?
spect to developments in Sacramento.
In the event a bill is passed over
the protest from Washington it has
been suggested to the federal gov?
ernment that influential Democrats
could bring about a referendum
through which the people of Califor- j
nla might vote on tin* merits of the
proposed bill. As a last resort, how
ever, a test case in the courts is confi?
dently expected by legal advisers of
the government here satisfactorily to
clear up finally the entire question. J
The president will discuss thm
uatlbn fully tomorrow
Democratic representative:
green from California.
OUTLINES HIS POL
Johnson Gives Definite Vi? ?
Administration's PL
Sacramento, Ca!., Ap
Through the exchange of
today between President Wilson and
Gov. Johnson the settled policy of j
the California administration on the
quaetion of alien land ownership, as
agreed upon last Sunday, was offi?
cially made known.
Gov. Johnson and his party leaders
In the eenate favor a bill excluding
from land ownership In the State all
aliens ineligible to citizenship under
the laws of the United States. Such
a law probably will be passed in spite
of the objections from Washington, it
is believed.
The assertion is made by the gover?
nor that a State law of this nature
would not be in contravention of any
existing treaty right. He U upheld
in this view by the majority leaders in
the senate, who met with him today
and agreed upon the form of the
telegraphic reply to President Wilson's
message sent today.
opposition to the administration
programme Will come from the Demo
ruts, aided by a few Republicans
who are opposed to anti-alten legisla?
tion of any kind.
The Democrats vdl stek to strike
out the words "ineligible to citizen?
ship" in any bill considered, and on*
this point the real fight on the mcas
Itre Will be waged.
It is not expected that the Thomp
SOn-Blrdsall bill will be reached on1
tile until Thursday, and no action
can be taken until that time.
President Wilson's message today
called forth little comment. The
Democratic minority already has tor
mulated its view largely in accord?
ance with 1 he Bryan message that
I came last Saturday, and the'Progres?
sive-Republican majority tit* shown \?\
flov. Johnson's response, declined t"
consider the president's telegrams as
t demand upon the legislature to
vta< t a particular kind of hill.
WIBI.LI SS MEN sTI CK.
Call for Strike on Pacific ( oust Went
Unheeded.
Seattle. April 23.?The call for a
strike of wireless telegraph operators
of H'-a ami shore on the Pacific i ousl
to take etfei t last nlghl was unheeded
apparentlp by the operators, who have
tust been promised an Increase of pay
by the comp; .,> which employs them
The Commercial Telegraphers' Cnion
of America had recently taken many
of the operators per cent., the
organisers say?Into the union, *>ut
apparently the union men refused to
St I ike.
ATTEMPT TO LYNCH NEGRO.
j
MOB MAKES MILD EFFORT TO i
TAKE NEURO FROM JAIL.
Jailer Hold end Door to .lull Battered
In Hm Moi> liapidly Disperses at
Coming ot Two Officers.
Florence, April 21.?A mild man?
nered and lady-like mob of about 200
men went to the Jail last night to take
the negro, Herman Kelly, out and
hang him for bis attack on the wife
of a prominent citizen and her son.
They were not hard to rout, in
fact they seemed to have left a
trail that the police would have been!
asleep if they had not taken up and
followed and Chief H. M. Brunson
and Sergeant J. F. Turbeville single
handed so thoroughly routed them
from the jail that nothing has been
hoard of them since.
The component parts of the mob
seemed to think that it was incum?
bent on them to make a demonstra?
tion and they did it. They went to
the jail about 9.SO o'clock, while peo?
ple were stirring in the city and got
the jailer, Mr. Bryant, and held him
in the yard, while the back door lead?
ing into tho jail was battered in, its
lock being broken. It is an ordinary
door, not opening into the cells at all.
By this time the police following them
had arrived and after a gentle bluff or
two the mob dispersed hurriedly.
This afternoon, in order to put
temptation out of the way of some?
one who might be in earnest, Herman
Kell> and the Mclntosh boys were
I
taken from the Jail and carried to Co?
lumbia by automobile. They were
tickled to death to get out of the jail,
for they have been very badly scared
since the attempt was made on the
jail. All of the prisoners in there
begged either to be put on the gang
or sent to the penitentiary, but
there will be no further trouble.
The two victims of the murderous
assault are much better today.
BELGIUM STRIKE CROWING.
I '.Mlmuied 500.000 are Now Jdle In
Cause of Manhood Suff ?"??ge.
Brussels, April 21.?While upws?ds
of 500,000 men are on strike through?
out the country, according to the esti?
mates of the Socialists, both sides
seem to be marking time in attention
of the debate in the Chamber of Dep?
uties tomorrow on the motion of the
Liberal leader, M. Masson, looking to
a compromise on the suffrage ques?
tion.
The retail merchants' associations,
of Belgium, with a membership of
120,000 small traders, have sent
an appeal to all the Deputies in fav?
or of a solution insuring permanent
peace. The savings bank officials re?
port there has been no more with?
drawals than usual, is considered sig?
nificant, as indicating that the strik?
ers have not yet begun to use their
savings and would be able to make a
long fight.
Business in the theatres here
dropped 55 per cent during the week.
The party which went to Brewing
Ion Tuesday report having had a most
enjoyable fish stew and fry, although
the weather was too cold for success?
ful ti8hlng. The fish had been caught
the day before, and there were plenty
on hand.
SCHOOL CHILDREN STRIKE.
DISLIKED SUPERINTENDENT ?
BURNED IN EFFIGY,
Disturbance at Pitts-burg Designed ss
Protest Agate* Retention of Super
lataodeat Hester,
Pittsburg, April 22.?The strike
Of school children against S. L .Meet
er as superintendent of. the city's pub?
lic school system, spread rapidly to?
day and resulted in one death. A
little girl was run down by a street
car and killed during one of the dem?
onstrations.
rn ng yesterday when hun?
dreds of children remained a
from school a protest against Heater,
who last Friday was acquitted by a
jury of two serious charges preferred
by a female domestic employed at his
home ,the strike gained great pro?
portions today. In all parts of tho
city thousands of school children pa?
raded the streets, tying up traffic at
a number of busy points.
Police reserves were called out to
maintain order. Late in the after?
noon when tho demonstrations had
ceased the Pittsburg board of edu?
cation held a meeting at which a com?
mittee of seven prominent men was
asked to Investigate the various al?
leged charges of immorality against
Heeter. The committee follows: W.
H. Stevenson, president of Chamber
of Commerce; Valentine Barie, pres?
ident Iron City Central Trades coun?
cil; Bishop C. L. Whitehead of the
Pittsburg diocese, A. Leo Weil, pres?
ident of the Voters* League of Pitts
burg; Bishop J. R. Canvin of the
Pittsburgh Roman Catholic diocese,
the Rev Geo. WT. Shelton, pastor of
the/^eeond Presbyterian church; the
Ttev. Dr. M. P. Levy, rabbi of Rodenh
Shalom synagogue.
The unlc.ue strike caused the police
considerable inconvenience. A score
of the youthful marchers were detain?
ed at the various police stations until
their parents could be notified. One
little girl was run over and killed by
a street car during the excitement
occasioned by one of the parades.
Chas. McCool. aged 35, was arrested
in front of a school building and
charged with disorderly conduct. He
is alleged to have been attempting to
prevent children from entering school.
William Slater, aged 67, was taken
Into custody charged with inciting a
riot. Slater and several women at?
tacked two officers who were bre#>,',*"?
up banners carried by childre I
?scribed 'Kick Heeter Out."
ners of all descriptions, some of
inflammatory, are in evidence til
the city. At a number of points dur?
ing the day Heeter was hanged and
burned in effigy.
PRISONERS REACH NEW YORK.
' New York, April 22.?After pur?
suing them for five months through
several States in this county and a
part of Canada, central office detec?
tives arrived here tonight from Char?
leston, S. C. with Frank R. Tar
beaux and Alfred A. Carter, who are
B?CUSed of having swindled G. M.
Jones of Pittsburg out of 120,000
and K. J. Pendleton of Washington
D, C, out of $56,000 by means of
fake mining stock and wire tapping
? hemes
ra-w^VMaBB^MHMaMBHMBBM* ??????if 1 11 * mm? I
Nomination Blank
To enter The ITEM'S PRIZE CONTEST, All out this blanlc and send It
to the office of the Contest Editor. You may nominate yourst?; or a friend.
The first of these blnaks received will count for 5,000 votes.
I NOMINATE
Mrs. or Miss.
Address.
Nominated by.
Under no circumstances will name of person making nomination be di?
vulged.
VOTING COUPON.
GOOD FOR 25 VOTES
In The Daily Item, Watchman and Southron and Merchants Auto?
mobile, and Pries Content
For (Miss or Mrs).
Address.,.,.m
District No.
These coupons must be clipped out neatly snd brought or
sent to Contest Department of The Item. Sumter, S. C.
Coupons of this issue not good after April :'.<>.

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