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The news and herald. (Winnsboro, S.C.) 1901-1982, February 19, 1901, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/2012218612/1901-02-19/ed-1/seq-1/

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(From Ederington's History.)
David R. Evans was the firs: law er
in Winnsboro. Ile <ame to Witinboro
in 1784 He said that there were only
three or four bousea in the ie tlement;
one, Sen. Winm's, near wbc-e George
McMastei's house now staendi, the
other a Itg coilege on Monnt Zion Hiil,
Baker's taverin, and p:erhaps one or
two otherp. He was theo 14 years of
age. His fa!her came to this country
from England probabin one or two
years before they moved to this place.
Tney lived in a house behind the one
Jas. R. Aikin recently lived in. He
joined the MI. Z-on Society, and was
secretary and treasurer for several
yeart. H.. ,.ln, D. R Evans, rac
ceded him in ith-it tffice.
Mrs. Evans bad tier old Erg ish iden%
as to manrers and was unpopular on
that account. She was knos n to order
a visitor to clean his shoes nefore en
tering her houie. I knew very little
ofthe early life ot D. R. Evans, Jr.
He married firt a daughter of Gen.
Winn. .She died in 1806. aid was
buied behit.d the house in : be garden.
The tomb is stil there as v ell as the
grava of two of Dr. Bratton's children,
be having also married a daughter of
Gen. Winn.
D. R. Evans' see nd wife was a
daughter of Parson T. W. Youngue.
There were no children by eitner mar
riage. His second wife is buried at
Jackson Creek. He died about 1845.
and was buried behind the Aiken
onse. ..whereia mother and father
were buried. He had only one brother
and one sister. Joseph, the father of
a large family, of whom otiy Mrs. R.
A. Herron, survives. John Evans hav
ing recently died. Joseph's wife was
a sister of Col. Jesse Harris.
An incident worth mentioning, is as
follows: About the latter part of the
* et century, a man n'tmed Baker bad
several wagons running, probably to
Camden, which was then it consider
able town. Baker got into a lawsnit
and employed D. R. Evans. The other
y employed a lawyer of Camden
d-Brown; Baker lost the case
and was offended at something Brown
aid, and on his passing out of the
- bag awyer " rown og
a small man could not figat Baker, t
but o goiug to his tavern he wrote '
Baker a challenge, whieh was referred I
by him to Evans for advice. Evans
told him be would have to retreat or e
give Brown the batisfaction he de. a
manded. Baker would have preferred
a "fist fight," but finally accepted the E
challeuge. The duel took place at 0
Rock Creek Springe. Both were killed I
at the irst fire. Baker was brought d
up and buried on his farm, two miles r
from Winnsboro. Brown was buried 8
in Camden.
David R. Evans was a member of a
Congress in 1813-14. Cipt. Hgh Mil- L
ling took chartce of his affairs and I
physiced his negroes when sick. The 1
old Captain was severe on Generals
Hampton and Wilkinson and oih!rs
in regard to their conduct of the war 1
with the British, saying that they tD
could speculate in tobacco better than ti
command armies D. R. Evans was a
venerable, gray-haired man. I think a
be was about 75 years old, as 1 remnemn
ber him, when he died. His only sieter
married Minor Winn, who was a son
of Col. John Winn. [is was an ur.-"
principled man and Mr. Bvas induced
hiq sister to separate froma~ )im. Mtrs.
Winn and her daughter taught school
for some ytears oni the Gen. Winn lot, r
then owned by Mt. Evans. He at that n
time lived on his plantation where t<
lirs. Dr. Furman now lives-.t
Winnsb ro was named fotr ..ol. John r
and Gen. Richard Winn'. C;ol. John~ y
Winn was a high-toned, honorab e
man. Col. John Winn owned most of t'
the land aront d Winnsboro and lived t
at the south er.d ef the town where
Dr. Banaha, now livas. Gen. Winnt j
moved to Ducktown, Tenn'., and Cu!. a
Winn and family, I think moved to t,
Georgia. Gen., Winn's family were ,
not considered smart. Mrr. Winn's ~
maiden name was Blocker, an Eige- a
Sold tamily. One of their daughtersy
caused slome 'merrimniit among her y
young lady acquainta' ess ivbo asktd b
her w Lere she got a~fine shell c >mb she ,
was wearii~g, by* replying thamt "hier t<
fathett boubght it in Cong ress." **
Gen. Richaid Winn held the rank r
as coOlef-in the Revo~ntiotn. Mills in t<
his statisties of South Carolina, in bi
writing of eminent men of Fait field, r
says: "Gen. Richard Winn was also y
a native of Virginia. At the begin- t.
Ding of theiRevolutionar y struggle, he y
entered into the regular set vice of uh a c
State. Hlaving acquite t glory it' the lb
battle oif For t Montiti-, he was senit to
the Georgia frontier, aid c .mmnauded a
a company at Fort St. l:1e. The -ervice -
was a most pei-ilou t'ie and he was c
* sel1ected for it 'on'0 :count of his su- f
perior merit as an office'r. Siiortiy r
after his arrival at the fort he was at
tacked by a strong body of unians and 11
Tories. These he beat off for t wo suc- C
needing days; on the third he surr en- t
dered with honorable terms to Major a
Geners.l P evost, at thle hrewt 'f a con- c
esrable regular force, 'tupe r ed by c
his allie'. Gew. Winn returned to a
FAirfie d after his defeat, if it c in be
property caled Cne, an I to the com e
mand of a regiment er refugee militia I
Be was in several battles, and th suc- a
cess of the 'ffairs of Hook's defeat in t
York, sudfi. flanging Rock in Lan- t
caater, great i. deper.ded on his hyroic c
the greal and go.d G -nerai Dvi
who commanded a regiment of cavalrr
when the firirg ir '- me pretty warm
Winn turned and paid, "Is not tha
glorious: lie wat wounded here
and borne off the field about the tm,
the ene my tff-cted bis retreat. On h;
recovery, Go:. Winn continued n
afford Gen. Sumter his able suppor
aid cean(d not to serve his countr:
whilst a red-coat coud be found i
Caroling. He was a true patriot, aw
perhaps fought a& matv battles in th
Revolutionary war, atid with as firm
heart as :- ni iiving or derd. H
filled % seat in the Congress of th
United States for miny Years. 1
was a perfec'ly bonorab:e and bore
mai. He remcved to Tennessee ii
1812, and died a shoi t time after.
"Winnsbora is remarkable for bay
ing been the headquarters of Lori
Coruwallis in the Revolunlor:ary war
after the eefeat of Ferguson at King
Mountain, where he retreated fron
Charlot te." I v as shown that pat t o
the house iii whieb Cornwallis wa
quartered by Mr. John McMaster, hi
was then the owner of it. I was tol
by my friend, Dr. G. B. Pearson, man:
years itice, that some of the m's
eminent men oi Soutb Carolina, gradu
ated at Mount Zion College.
Oakland, S. C., Feb. 9th, 1901.
My Dear Herald: We are havinJ
some miierably gloomy weather, a]
nature seems to be in the clutches of
winitry spel'. My old enemy (rheutna
ti4m) has a firm grip on me, I am a]
twisted up with pain, fit f r nothing
feel more like gnawing a file than any
thing elqe. My friend, Major Woud
wa d, met one of my boys sometim
ago, and asked him how the old mai
was gelting on? My son replied
"Father has rheumatism." The Major
says, well, you tell your ' daddy" the
"I am glad. be has got it, for then h
will know how to sympathize wit
me;" in that my old friend is mistaken
for a man, firmly in the grasp of tha
hydra headed monster, is in no condi
tion to sympathize with anything o
anybody ; IM41r nothi
ably to brood
youth. I was
time ago, and
V Ie
iere was any, cure for it, except to
rear it out, or let it wear you out."
know that itis a wearing-out process,
t atoge ther a one-sideri affair. How
ver, it is not my intention to give you
distertation on rheumatisw.
After leaving your town a few eve
gs ago, floundering along in the
d trying to make my way home
rards, I began to ruminate over the
ifferent modes of traveling and of
,ilroads, particularli ; and I want to
k you something about the proposed
innsboro and Camden road. You
ave "sorter" gotten that enterprise
ang up for the present, baven't you?
occurs to me that I heard my old
Lwyer friend, Alex Douglass, had
een pitching some enunks in the way.
Vel; he ought not to have done that,
e is too late; he should have com
ecd about sixty years ago, with his
ebnicaliies, and gotten an injunction
ainst building any railroad at all,
d then I would have subscribed
erally towards a shaft to his memory
high, well, as high as the "Tower of
ab~e," but he is too late.
The saddest word of tongue or pen,
s not what we are, but what we
might have been I "
The contry has already gone to
sin with its railroads, and a few
tore, or lets, will not make any ma
rial difference. Though Iam anxious
see the Winnsboro and Camden
iad built, I want to see a whole
ring of towns all along the Dutch
ian Creek valley, for, if there i4 any
ng a railroad is fir for, it is to build
My Dear Herald, there is somnething
woud like to w bispe r in your ear,
ud I do so with a diffidence aim ist to
tar and trembling It is 'hi-, I am
orally, essentialfly arnd constitutionally
pposed to railroads. Now, my diffi
in e in telling you i', is, that in
our town there is a friend, an old and
a d friend, in t act, one of my ver,
eat friends, a man whbom I love, one
hom I venerate, a man wlho is sound
the cole on every sutgj s: you cant
ientin except ot:e thing, and trat i.
silroad', and just as soon as y ou
ci n that, there is a liia e se 'W ini
as hadgear that gets loose, (a rail
a crew.) and then every drop of
rarm "Scotch'' b'ood in his body gets
)pu'sing at a territle rate. T did tot
ant to antagonize this friend, but the
at is otut of the bag now, and I will
ae t > make the beet of it.
Yes. I am opposed to railroads tooth
md toe usil, and I will assert, be) ond
C shadow of a doubt, or the fear of
untradiction, (unless by my old
iei,) and I can prove it, that rail
xds have been and are still, the
aest turge, our cout.ry has ever
tiown; the very tap-toot of all our
ifficultier. Now, you bear a great
s and cry troum our "quill drivers"
tut it e general prosperity 01 our
u'tri . Has anyone seetn it, or felt it
ntside of the railroad towns? It is
n,: g the country people, t be farmers,
vho are the bed-rt ck of all prosre ity',
specially in an agricultural counttri
ke ou s? I say no, I have t ravelt d
II over this county, have made it may
usiess to it quire. There is one par
cular atction that has the reputation
fbeing in a pro-perc'us calndition,
io t woulds.eem to a superficial
obseiver, but the fact i4, that nearly
, verv farmer in that c.)mmullnity is in
debt, And there is scarcely a man there
t that is able to le.d his neighbor a
hundred dollars f-,r twtlve monthsi
without havin-g to borrow himself, and,
i it is wcise in other scction. Now
, what is tine of this c)unty, would be
t true of the whole State; what is true of
r this 6iae would be applicable to the
i whole South. L-.
I New compare this conditi,- with
a the days when re bad no rail pad or
i when they were few and far between
I remember the time in my section
when it took our farmers a who~e
week to take a load-of cotton off and
g uet back, at d :hose were happy times
t Ioo. S t:e hailf duzn neighbors would
gel 'eether with fifteen or twenty
- wtgo.s ib good covers on them, a
I g.o i tent. and a plenty of provisionw,
a Oddle e' b .nj., and they would make
s a r.gular frolic of it. They would
i bring 6ack 'l of the price of their cot
t tot, i x(, pt hat they paid out tor salt,
i sugar, e ffe a .1 iton. Thue men
lived a h. *, ard boarded at the
i same p a .. a our men wou!d be do
ing the muni -. t t)day it it were not
Ior the r i r A. When a farmer
wanted money he didn't have to go to
town and mortgage (ver) thing he had
te get it; he simply taddled his horse,
and -ode over to a neighbor's hon-.
and got it, generally by giving a plain
note of hand. He could do the same
today, if it were not for the railroad.
r When the me:c'ant wanted money he
I hired a horse and went to the farmer
for It; he would be doing the same to
day if it were not for the railroads.
The merchant in that day was a small
I potato, but thanks to the railroad the
bottom ra I has gotten on top. Had it
not been for the railroads we would
have worn ourselves ont whipping the
' Yankees, and the negroes would have
h been niggers today. Just think what
i we wonid have been.
. It is said that there is some good,
* along with every evil. Now railroads
I are good tI.ings to build up corpora
L tions, encourage monopolies, foster
) trusts, and to breed tramps, I do not
I believe I would have ever had rheuw
tism had it not been for the railr
' and I heartily wish I did
t within a thousand milesaf o
- Well, My Dear Hera
r on 'ad libitum," br'
say, I bsve made
ur. You
N. B.-Tbe tre
wards centralization. A few are be.
coming multi-millionaires, the masses at
are growir.g poorer; the railroad is th
one of its greatest factorr. 0. F. VA
....... * - C
The most sobthing, healing and an- Ni
tiseptic application ever devised is t:
DWitt's Witch Hazel Salve. It re- th
lieves at once and cures piles, sores, in
eczema and skin disesbes. Beware of
imitations. McMaster Co.
Decision in the Neal Case Was Filed Yes- m
terday W
The State. it
The State supreme court yesterday is
rendered a decision in one of the Im- w
portant Neal cases, &nd the attorney in
general has won a noteworthy victory. o
There is another case pending, how
ever, just as interesting. The opinion an
is a unanimons one, being written by
Associate Justice Gary.
In October, 1899, W. A. Neal, who
had been superintendent of the State
penitentiary from November, 1892,
until March, 1899, was indicted, as 10o
such superintendent, for collecting by ,
virtue of his office, and failing to turn
over to his sa~cessor, D. J. Griffith, et
$1,544 The case came up before the te
Hn. W. C. Benet, presidir'g judge th
during the April term of 1900 for
Ribland county, and a mtotiomn was
made by P. [H. Nelson, E-q., defend- st<
ant's c >unset, to quash the indictment -
upon the ground that the sum so re-.
ceived was for envict hire, which the ifi
superintendent was not charged with
receiving or disbursing by virtue ofD
his office. The motion was .trenuonsly
oppod by Attorney General G. Dun- st
ein Baltinzer, but was granted by his
Honor upon the grounds stated in the 1
motion. Thetenpon the attornsy gem
eral appealed to the supreme court '
and the caue was heard during the 0'
November term, and the following
opinion has just been fled:
"'The deteucdant was indictcd under
ct ion 304 of the Criminal Code which tw
contains the fellowieg provision: 'It T
shall be the duty of every sheriff, judge bi
o probate, clerk of the c urt of com
mon leas, county treasurer, or any We
other Stare or county officer entrusted Sc
wit h funds by virtue of his .ffice, upon ne
retiring from office, to turn over to his
successor elIinmoneysreceired by him at
as sneh officer, andi remaining in his ora
iands, as such cfficer, within thirty
days from the time when his successer.
shall have entered upon the dutics of nj
his office,' et c. ati
"Tihe filth exckp ion was abar.doned ti(
"It will not be necessary to consider
the exceptions seriatim as the appel
lant's attrnet s c >rrectl, state that the co
practical ques io:i presented by them wi
is: 'Was Ne't!, at the said dates, as di.
superintendent of the State peniten ,
tiary, and by virtue of his offict as
euch, charged by la~w with the recipt
of ai d entrusted with money s at ising *1
from co)tvict labor?" re:
"The office of superintendent of the
eieitiary does not exist at comi
miin la w. We must, tLeiefore, look to o
'e laws of our State to ascertain big
powers, duties and isabi. i: ie,.
"By sectin 551 of the criminal code P0
it s adetle dtyof hesupinend P
tnt of the penitentiary 'to receive aid
pay out all moneys granted by the
general apsembly, or in any other way
accruing for the support of the prisor
tnd carrying on the work.'
"Section 3 of the -act of 1899, page
154 to wbich reference is made in the
)rder of bis honor the presiding judge;
3ontains the following provision, to
wit:* "That the board of directors of
he State penitentiary are hereby di
rected to pay the. treasury of the State
tt the end of each three months 01
witbin fye days thereafter all amounts
received by theta from the hire of con
ricto - and from - other sources, after
paving the nee-ssary expenses of the
ad in-tution a: all ottier disburse
Vents allowed by law, the sid
amounts t be paid into the treasury te
be,held subject : tlro warrants of the
3osptroller general. to pay the
Imounts appropria'ed by the general
esembly in the same mannir s other
runds in the treasury.
' The am unts received from the hire
Af cnvicts were not to be paid inte
he treasury until the necessary ex
penses of the said institution and all
Aber disbursemenws allowed by law
were deduced therefros'.
"The moneys received trom the hire
)f convicts were primarily applicable
to said expenses and dinbarsements
nd it was only the balancs remaining
fter the payment of said expenses and
isbursements that waaito be paid Into
he tressury.
"Section 3, act of 1899, m not, there
fore, be construed as intending that
noneys received from the hire of son
rietp are to be regarded as accruing
ror the support of the prison and car.
rying n th3 work.
"Under the provision of the statute
making it the duty of the superintend
nt'of the penitentiary so receive al
moneys accruing for the support of the
prison and carrying on the work he
had the right. by virtue of his oNcee
as superintendent, and it was his duty
o receive moneys arising from the
Hire of convicts. His honor the circul
judge was, therefore, in error in ml
that he did not receive the fandi
rom the hire of convicts by
9o1ee as superihtendent.
veral other statutory
d in the argument
at less
id Importanc U that in
e suit of The Carolina National bank
. W. A. Neal the State of South
rolina, upon notes discounted by
Bal at the bank while he was superin
ndent. Judge Klugh ruled exactly
a reverse of the ruling of the judge
the Neal case.
For Over Fllty Yeas.
MRs. WntsLow's SOOTMG STaur
3 been used for over fifty years by
illions of mothers for their children
bile teething, with perfect success.
soothes the child, softens the gums,
lays all pain, cares wind colic, and
the best remedy for diarrhoea. it
ill relieve the poor little sufferer
imcdiately. Sold by druggists in
'ery part of the world. Twenty-ve
nts a bottle. Be sure and ask for
r. Winslow'" Soothing Syrup,"
d take ne ath- kind. 1-1-17
Third Beading Bills inathe House
To amend an Aet relating to land
c d and tenan'.
To pi iri'le for the establishment of
rain e i. incorporated cities,
,we uages situated in counties
at ha ., county chain gangs.
To re - stg the issuance of preferred
>ck b e rporationv.
Declaring the legal status of shires
manufacuring corporations.
To exempt a certain portion of
rchester county from the general
ck law during certain months.
ro provide for the, erection of a jail
Oconee, and for the repar and re
deling of the cousty court house for
:or~ee county.
rhe senate met at 11 o'clock and in
o hours had cleared the calendar.
ere were only third reading house
l to be acted on and most of them
ift through without discussion;
me had amendtments and these were
at to he house for concurrence, and,
d tbose without amendments were
dered erirolle.l for ratiscation.
Nir. McMaster's hill to extend the
hts and remedies of railrojad copor
one, as prev'ded under the constitu
n, to employees of street railway and
etile mill corporations, and telegraph
mpanies, was the special order and
L given its final reading witharit
These also piused third reading:
re bill to increase pensions to
50.000 was taken up and given third
ading without debate.
br. Cosgreve's bill relating to
uity chaingangs.
Mr. C. E. Robinson's bill to incor_
rate Clemson College for the pur
A Good
New Year' inS E !r
YOU couldn't make
a better one.
Because It embodies -
Comfort, Satisfacti. --
A Success.
ComorrT.-Because S.F ----
Selz Shoes fit well. .W.'ll all wear SELZ SHO thIs 74W."
SATISACTON. - Because Selz Shoes= weW
Sucea.-Because Selz Shoes preserve
your health, save you money and enabe you te
pursue your daily duties with ease and fredom.
We sell them. All styles, a3 iMas, *I
prices. Come and see.
J. 1. I I .L LC). .Oe
D. V. Walker & Co.
some discussion over -the proposition having some debate on the qusesien of
to w the magistrate as Calhoun, in- concurrence in the bouse m m
on over a part of to Senator Dean's bill in relation to
to ofho en a. Agood
a former 31 MY " e- bate ran into a redlsc
pealed the of the town of C. whole bill. The yeas ad i _es -
hoon. demanded on the motion thattheenste
Mr.- W. J. Thomas' bill relating to concur in the house anendment. The
umastrates. vote was 20 to 11, and the senate en
Mr. Seabrook's bill abolishing Ili- curred in the amendments, and the
ceases to traffic in cotton seed in bill was ordered enrolled for ratifca.
Carleston county. tien
Mr. Thomas' bill to regulate fees $15W,000 FoE PENsos.
and commissions of public officers. The house bill to Increase the amount
Mr. Prince's bill to allow man- of the appropriation for Confederate
slaughter eonvicts to be worked on the pensions to $209,000 was resobed and
cbaingangs. taken up for its second reading.
Senator Mower moved to strik, out
Mr. Sinkler's bill relating to attor- the en acting words of the bill, and, as
neys' costs in the supreme court. chairman of the inance committee,
The medical committee's bill ex- made a statement of the State'sIacce.
ending the powers of local boards of The appropriation bill now carries
health. about $1,000,000-an eress of come
Mr. Rucker's bill relating to chattel *5,000 of $50,000 aver layear. If
mortgages. this increase In pensions Is allowed it
Mr. Vincent's bill to regulate the will simply require an ineress I. the
price of gr. tax levy at let one-half mill, and he
Mr. Croft's bill to require county did not tbink it woud be-wise to do
treasurers to keep a record of fines this at this time. Again, be doubled
collected.if the needy pensioners would be a
colleted.tonially benefitted, as our experdeuc
Mr. Saunders' resolution to pay the would show that the more mone
sheriff of Spartanburg for -pturing a have the more pensoners there would
fugitive. be, and the real needy ones would not
The bill to authorize the sale of the bw materially benefitted.
jail lot in Ker...aw and purchase of a Senator Henderson hoped the ap
new site. propriation would not be killed, but
The bill as to the admission of ox- that the extra sum of *e0,000 be given,
emplified copies of wills In evidence. as Capt. Brooks intended it when be
Mr. Bacot's bill as to the charter of introdmced it i the house. The comp
cities of over 5,060 inhabitants. troller general says this will not In
Mr. Patterson's bill relatidg to crease the tax led b this year, but
magistrates in Bartwell county. whatherit did ornot hewould vote
Mr. Livington's bill to incorporate for it. I the State is to help the old
the Marlboro Educational society. soldiers it should do so In proper
31r Lockwood's bill to amend sec- shape.
tion 149 of the rerioed statutes. b nator Sharpe said he wanted to
bblaborers see i y the senate, In view of havig
inther. waeb's. bilted extravadt appropriations for
Mr. Backer's bill to aend the act the exposition and the colleges, woul
r.Patingtesons bfmilore n tnoet vote to help the needy solder
rLing sttes oil m inorporate forIe SatrHesonelpreold
The ate did a big days work yes-ty. fold Stol d s i proper
terday, getti tig ready for the adjourn- sit ion to give $.0,000 extra Instead of
m rnt. Morning, afternoon and night -100,000, because he felt this ough to
messions were held. The senate ree ie the eae, hai ofoe ox
r. We' biou o aproat aor oeof travagant appropriations, but he
*200 ther p e asionsto thought this ought to be given.
rlleli to ese boi to Heofavored Senator Henderson then offeredos
iin tho nate ilda or in iendm to ake the0 ext ra iton
terdayfactoies; pareado the adjonrn- 10,000, whichas adopted thanogh te
read ring,ile afteroon blsanda- tiht edng.Heawyhdopod -
redsions we h teld The enertravaataporainbth
due h os ppropriationaI y h i of Ire\( .J c s n
co0,0fore owi pee oted a1000 thso ugtti-uhtt egv
kil edhorse bilfuomepoin aom Conatordro a n Buflerdhi
mis.o to. Tianstcourse cid theo U in mnmntteadteaprpito
taeet enfatore; an seud uphe "me-l$500 hc a dpe n h
ersaing; ie actio of bieek andor a thill geaing. tenin o
bille t ot re-al e the la obdigepnework
ltion enorsrming ilroad porsuesr.tran ~ ldf
The senate started the day's work by 1.18tflreb15

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