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v < Abbeville Press and Banner *TTo ABBEVILLE, S. C., WEDNESDAY, AUG. 18, 1915. esmlmhed A YEAR. 1844' " t 11; DECISION REVERSED IN BIG LAND CASE \SUPREME COURT REVERSES THE ' DECISION OF THE CIRCUIT JUDGE Case of Mrs. Smith Against Clinkscales j Case Heard by His Honor Frank B. Gary, Circuit Judge of this Cir- i cuit?Land Worth $20 Per Acre. ( The Supreme Court has reversed 1 the judgment of the lower court in the case of Mrs. Florence S. Smith. ! against James r. vmmstaiw, which case the twelve hundred acres i of land formerly in the possession of John T. Clinkscales under a deed from his father was the subject of litigation. 'About the year 1876. Albert J. Clinkscales deeded a tract of twenty-four hundred acres to hit two sons. James F. and John T.. "with this limitation, if either the said James F. Clinkscales or John T. Clinkscales should die leaving no issue living at the time of his death 1 the brothers and sisters of the said ' James F. Clinkscales and John T. Clinkscales, who may die without issue aforesaid, shall take have anc hold such lands etc." The haben dum of said deed read, "To have anc to hold all and singular the saic premises to the said James F. Clinkscales and John T. Clinkscales respectively, and their heirs and assigns respectively, subject to the limitatior. VVVi Ctli. r The case was heard by His Honoi Frank B. Gary, the circuit judge oi this circuit, who held that under tht : terms of the habendum above quoted James and, John took a fee simpk absolute in the lands, and that tht attempted limitations over was not paid in a deed, though such limitations would have been valid and enforceable in a will. The plaintiff Mrs. Smith, and tht defendant, Mrs. Ellen S. Thomson appealed from this judgment contending that the estate of John was a fee defeasable, and that upon tht death of John the estate was divisible according to the terms of the paper, that is to say, that Jamey was entitled to one-third of John's share and the other two shares belong to them. The decision of the Supreme ( Court sustains this contention with the result that each of these ladies recovers one third of the twelve hundred acres. The land is worth about twenty dollars per acre, so that the , mno no cnmofliincf frt +V? o> liti_ AW WK&V iiiVUtlO OVillVVlliUg VW VilV i*vt gants. Mrs. Smith was represented in the jitigation by McCullough, Martin & / Blythe, of Greenville, and Mrs. , Thompson by Wm. P. Greene. Mess. , Cothtan, Dean & Cothran, of Green- , ville, M. P. DeBruhl and J. Fraser i Lyon, of Columbia, and J. Frank | Clinkscales, of Abbeville, were attorneys for James F. Clinkscales. j The main opinion in the case was written by Associate Justice Hydrick and concurred in by Justices Gage and Watts. Chief Justice Eugene B. Gary filed a dissenting opinio^ ( sustaining the circuit judge. Justice" j Fraser filed a separate opinion con- , curring in the decree of the circuit j judge on one point, but sustaining | the contention of the appellants on j another point in the case. j ! BLEASE ATTACKS WAR j POLICIES OF WILSON. ] * ' ' - i Columbia, Aug. 16.?Former Gov- | ernor Cole L. Blease, touring South j Carolina in what is thought to be the j beginning of a campaign for a third ( term as Chief Executive, is attacking president Woodrow Wilson and his | administration, which Blease terms ] un-Democratic and subservient to ; British interests. < In a speech in Greenville County, j which is typical of those he is deliv- 1 ering in other sections of South Caro- 1 lina, Blease declared that the finan- i i cial depression in the South is not be- \ cause the farmer is planting too < much cotton, but because of the "do- i nothingness of the President and the i so-called Democratic Congress at 1 Washington." Continuing in this i vein, the former Governor said: t "You've got no Democratic Presi- i dent. If you had, instead of his actions being controlled by English cap- < ital he would say to England, 'You've i got to let our commerce alone; you've i got to let our cotton and our provisions consigned to neutral countries go through. If you don't, we'll make you.' " Blease advocates the calling of an i extra session of Congress and the 1 putting of an embargo on all muni- ! tions and provisions for either the J Triple or Entente allies, and also to < prohibit the manufacture of arms J and ammunition fop them in this j country, the United States to buy all surplus fighting equipment. FIRST SOUTH CAROLINA BALE. Charleston, S. C., August 11.? | South Carolina's first bale of new cotton arrived here today from Barn- , well, where it was bought by a repre- . sentative of a local cotton firm for ' 15 cents a pound. The bale weighs ' 340 pounds, and is classed as good 1 y middling. It was grown by John ! Owens. , - . .. - HEAVY GALE SWEEPS THE GULF COAST GALVESTON SEA WALL PROTECTING THE CITY?MANY PEOPLE FLEEING Brownsville, Texas, Aug. 16?The army wireless station here received a report from the transport Buford at Galveston tonight that water had risen ten feet and that several /essels had been overturned. Dallas, Texas, Aug. 16.? The full effect of the West Indian hurricane which passed through the Yucatan channel yesterday was felt along the rexas gulf coast late today and tonight, the wind reaching a velocity of 70 miles an hour. Up to a late hour io loss of life or serious damage to r>^Arvo?.t\r r\-r ohirmincr hnH hppn rP l/i I.JT Wi -v ported. Galveston reported the sea wall ivas withstanding the force of the wind lashed waters and with the exception of minor damage as the result of the flooding of the streets on ;he bay side of the city, the property oss was negligible up to 11 o'clock. The majority of the 'residents at Sabine and Sabine Pass as well as che numerous summer camps and resorts along the coast moved to alaces of safety last night and early ;oday. At Galveston residents along the beach abandoned their homes ind spent the night in more secure Duildings in the business districts. The towns of Rolio River, Caplan ind Boliver were reported under wa;er. All of these towns were desert2d last night. Late tonight a newspaper correspondent attempted to go from Port Arthur to Sabine in an automobile but was forced to abandon K rv fvm L>11 V* "The wind would have blown our machine away if we had continued the trip," he declared. Efforts to charter a boat to reach Sabine were futile, sailors refusing to make the trip. Wire communications with Galves;on, which was maintained from Houston early tonight, was cut off at 10 o'clock when the last of the wires oetween the two cities failed. Later reports received by wireless at Brownsville from the United States :ransport Buford in Galveston has reported several vessels ' overturned by the storm. A ten-foot tide was reported. Efforts to communicate with the rexas City army headquarters across the bay from Galveston tonight were futile. Communication with Beaumont, Texas, also was cut off shortly after 10 o'clock and it was believed by the weather observer at Houston that the hurricane had left the gulf and had struck the mainland between that :ity and Galveston. A train was started from Houston aver the Southern Pacific railway tonight in an effort to reach Galveston. at last reports the causeway between Galveston and the mainland was intact and it was believed that the train would be able to cross early in the morning. SENTENCE COMMUTED. Joe Malloy, a negro of Marlboro :ounty, convicted of the murder of Prestiss Moore and Guy Rogers, two young white boys, and sentenced to be electrocuted on August 18th, has oeen reprieved by Governor Manning until September 29th. The reprieve is stated to be granted for the reason that sensational affidavits lave been filed with the Governor aleging that the two boys were killed sy white men who have since left :he county. The Governor wishes i full investigation of the charges, ind has referred the matter of Solictor Spears. Pron fioo M aava n?/l "D a xvitviud Auvux w anu UUjr :wo white boys, left their homes in Bennettsville on Thanksgiving day, L910, to go hunting. On the Saturday following their bodies were found in a ditch not far from the lome of Joe Malloy, Prentiss Moor^ laving been killed by a gunshot vound in the back near the shoulder jlade, while Guy Rogers was murderid by a solid mass of shot tearing nto his left breast. Several days ,vere consumed by an investigation jefore the coroner, and afterwards, i negro detective was employed. La;er Joe Malloy was arrested, charged vith the murder of the two youths. A great many people in Marlboro :ounty are not satisfied that Malloy s guilty, a great many believe him nnocent, which he stoutly maintains. SWISS BUY OUR SUGAR. New York, Aug. 11.?It was enlounced here today that for the first :ime in the history of the sugar trade Switzerland has purchased sugar From the United States. Its initial irder is 1,000 tons of granulated. Hitherto Switzerland has secured su?ar from Germany and Austria. NO LONGER NECESSARY. London, Aug. 13.?Announcement that Germany now is able to dispense with cotton in the manufacture of military supplies is made by The Frankfurter Zeitung, as quoted by Reuter's correspondent at Amsterdam. This newspaper asserts that the designation of cotton as contraband of war would not solve Anglo-American difficulties. . .. ... GOVERNOR MANNING HERE LAST WEEK VISITS LETHE SCHOOL AND MAKES ADDRESS TO THE PEOPLE Would Enlarge School for the Poor Movement on Foot to' Secure Appropriation for Education of Poor Children of Abbeville District. Governor Richard I. Manning came up from Columbia Wednesday evening, and Senator Allen Johnstone. from Newberry. They spent the night in Abbeville, and on Thursday attended the picnic at Lethe, and while there inspected the magmncent estate left by the late Dr. John De La Howe for the slipport and education of the poor children of Abbeville District. . Just now a movement is on foot to get an appropriation from the state in order to enlarge the work now done at Lethe. It is believed by the trustees that, if the school were opened to a certain number of poor children from each of the counties of the state, and kept open for twenty-four of these children from Abbeville District, according to. the plan of the testator, a great work might be done. With this end in view-the Governor and a delegation from the Senate and House were asked to come to the school and look over the situation. The delegation Dresent, consistning of the Governor, Seator Johnstone, and Representative Durst, of Greenwood were shewn over the whole estate by Rev. Mr. Rlalrolir orid fV>o' A lav.*. makers. They were impressed with the value of the estate and some good may come from the visit. Some plan should be worked out for getting more out of this magnificent tri/t to the poor children of Abbeville county than has been gotten out cf it in recent years. In addition to looking over the farm these gentlemen greatly enjoyed the day spent at Lethe. Some fifteen hundred people, consisting of old men and young ,men, old lad es, good-looking young ladies, boysr girls, and babies, assembled on that morning for a day of pleasure, find a day of pleasure it was. . We heard a great many old men say that it was the first opportunity they had ever had of seeing a "live Governor." Governor Manning, Senator Johnstone, and Superintendent of Education Swearingen, who arrived during the day, made excellent addresses to the people assembled. The people were greatly pleased with the Gover i 1. ~ xi aur, anu lie witii mem. At about 2 o'clock a fine hash and picnic dinner was served on the shaded grounds in front of the school , building. Everyone got a good dinner and enjoyed it. On the grounds some of the young men of the neighborhood operated a soft-drink stand, where drinks of lemonade, coca-cola, etc.,' and 'ice-cream were served. The stand was run in upto-date fashion by a polite set of young gentlemen who treated everyone with consideration. 1 The people of this section are a : remarkably good people. They all' live in fellowship and brotherly love. They all want to improve the opportunities for the young and they are united in any movement which prom- i ises something along this line in their AAmTVllinifiT T nnir 1 AITA T nfV? A nn/] vviiiuiuiiivj. xncjf iwvc uciuc anu revere the memory of the consider ate patriot who gave so generously to them and the county. The young gentlement are handsome and gallant; the young ladies beautiful and modest. It is a community where you may go if you wish to feel at home while being treated as one of the guests of the occasion. There was no sign of strong drink in the crowd; not a thing happened to'mar a day of pleasure. The people of Abbeville who attended will welcome another opportunity to visit the farm of the generous benefactor of the poor children of Abbeville District. RUSSIA A GREAT MISER HOARDS MASS OF GOLD Petrograd, July 31.?The largest hoard of gold in the world is that held in the vaults of the Russian state bank, amounting now to about $850, 000,000. Yet a visitor may travel ] from one end of the Russian Empire 1 to the other and not see enough gold ] coin to buy a pair of shoes. Paper I currency is used universally. ] The check system as it prevails in i the United States and England is i practically unknown in Russia. Al- 1 though the larger cities have many i fine banks, the ordinary provincial : business man distrusts banks, and ] there are hundreds of thousands of j prosperous Russians who have never : had a banking acco.unt in their lives. , Their working capital is represented ] by paper currency of big denomina- , tion which they carry in a leather bag suspended by a thing around : their neck. In Russia the visitor may meet shaggy men whose dress and appearance suggests the artisan class, who are carrying with them i constantly from five to ten thousar.d [dollars in currency. "* SENATOR E. D.SMITH SPEAKS TOFAIERS DELIVERS STRONG' ADDRESS AT FARMERS' UNION PICNIC AT LEXINGTON Urges Citizens to Stand by President Tells of Cotton Trade and of Plan He Has Under Consideration and Discussion with President In his speech, at the Farmers' Union picnic, on last Saturday, the Junior United States senator from South Carolina, delivered one of the Strung cat auui casco ncaiu tti county for many years. Senator Smith, always entertaining and eloquent, in his utterances, was never more so than on this occasion. In language chaste, at times classic, he most vividly portrayed the present day conditions which confront this agricultural classes of population. In his usual vigorous manner he outlines the fact that the vast material discoveries of intellect and genius today had placed us in a sphere where knowledge counted for all worth while in life; that the "power to know transcended every other acquirement; and that the progress of the agricultural masses of today and tomorrow is and would be dependent upon this manner in which they exercised this capacity. He showed that the ills suffered by the agriculturists of today were the direct results of the lack of the application of knowledge which was within the power of all to attain. In vivid and hpllinp- lanp-iiacp bp illusfrnfcinn after illustration to pro.ve the points he made and in a burst of genuine eloquence declared that democracy in the fullest meaning was nothing more or less than the development to the fullest fruition, through knowledge, of the hopes, aspirations and possibilities of the individual. "The duty of every true democrat today," said the senator in discussing the European situation, "and I do not speak in a partisan or biased sense, the obligation incumbent upon every true American, is to stand by the na-. tional administration in its efforts equitably and justly to solve the international problems serious in their nature and of necessity far-reaching in their effects, which confront us in this crisis of our history." He declared in emphatic terms that it would be beter for the American nation to avoid war, if this could be done with honor and integrity, than it would be to needlessly sacrifice hun dreds and hundreds of the lives of this country. The injunction of President Washington, to avoid entangling alliances with foreign nations was as sound a doctrine today as in the earlier days of the republic, and the speaker showed how if the United States were forced into this European trouble, and thereby become a party to. any treaties that might result, this country in future years would be responsible for their proper enforcement whether or not it should be a direct party to the issue in question. He discussed the cotton trade situation which he has had under consideration and discussion with the president of the United States the secretary of state. "Let us," continued the senator in this connection, "first settle the vexed international problems which con-! front us as a nation, far more serious to you and me, can be dealt with equity and justness." He pleaded for thoughtful consideration of all of these problems at the hands j of every individual; that the American people should not be hasty in their judgment or action; and declared that he had faith in that administration which had led us in peace to this good day to take care of American interests, both nationally a?d commercially, in the future. "At the ensuing session of congress" said Senator Smith, "whether in special or regular session, I shall continue the fight that I have always made the one and only policital platform that I have ever enunciated I That masses of the neonl* -crhn - x i. '"? ?"?duce the wealth of the nation, shall enjoy the benefits of the wealth they produce." In an emphatic manner he declared it to be the duty of the next congress to see to the fact that the cotton futures bill, which he championed and which he has fought, and which is the only bill which has ever passed the senate of the United States, curtailing illegitimate speculation in cotton, should be carried out in the full text of its intent and meaning. He discussed at length the financial system and suggested certain changes which he had to offer in the way of making the circulating medium of the country, more available to the farminer classes. He recited his work in the senate in reference to section 13 of the present banking and currency law, and discussed certain amendments which were needed with reference to the rate discount. Senator Smith is a strong favorite j in Lexington county and his masterful address Saturday goes far to(Continued from page five.) VARYING REPORTS AS TO THE WAI COTTON DECLARATION AND BA1 KAN SITUATION PROMINENTLY TO THE FORE The political side of the war fo the moment has risen to the for through the announcement that th quadruple entente allies intend to de clare cotton contraband and that th party of the former Greek premiei M. Venizelos, whose cabinet resigned last March when King Constantin disapproved of his policy in favor o the entente allies, again is in favor. For weeks there has been a cam paign in Great Britain to put cotto: on the contraband list and at las France, Italy and JJelgium hav agreed to take the desired step. Th declaration of the staple as contra band will, it is said, be defended oi the ground that it is authorized b; international law. The newly elected Greek parlia ment has convened and chosen by ; big majority for its presiding office M. Zavitzanos, an adherent of M Venizelos. The cabinet of M. Gour naric Vine roci orn a A TVio onwooiwn dent in Athens of a Berlin newspa per asserts that Venizelos still be lieves that the interests of Greece li on th^ side of the entente allies, bu that it is not yet time for her to joii them actively. Of the fighting in the-East Petro grad again asserts that the Russian in Courland have driven back th Germans and also repulsed Germai offensive movements. To the soutl and southeast in Poland, however, re ports of the Teutonic allies indicat that their forces almost everywher are pushing the Russians back. An Austrian seaplane has attackei the coast forts of Venice and despit an attack by Italian airmen reachei its base in safety. . ' ' i A German submarine has firei shells into the English towns of Par ton, Harrington, and Whitehaven No casualties, it is said, resultei from the attack, but some materia damage was done. SENATOR McLAURIN SPEAKS TO-DAY Hon. John L. McLaurin, Ware house Commissioner of South Caro lina, formerly United States Senato from this State, will address th people of Abbeville County thi morning at 11 o'clock, in accordanc with a previous announcement ii this paper. Senator McLaurin is one of th most gifted men in the state, he i an accomplished speaker, and a mai who studies his subject and alway has something to say that is wort! while. He is greatly interestei just now in the warehouse situation and in the marketing of this year' crop. He has some ideas along thi line which will interest you. Yoi may not agree with him after yoi have heard him, but you will hea him with interest, nevertheless. We trust that the people of thi county and especially the people o the city will turn out and give hin an audience as evidence of the inter est which should be manifested in hi subject. LEO M. FRANK IS LYNCHED BY A MOI According to reports reaching her Tuesday, Leo M. Frank, was takei from the Georgia Prison, in Milledge ville, by a mob Monday night. Abou seventy-five men quietly appeared 01 the scene, over-powered the guardi and took Frank from the prison b; force. It is not definitely knowi whether the mob was composed o friends of Frank, or persons bent 01 taking his life. It is believed tha the latter are responsible. Frank was convicted of the murde of Mary Phagen, a sixteen year oh ?;^1 k:- i~~ 6"?i "* ??? ciufiiuj, AM iuc iiobiuiia Pencil Factory, Atlanta, Ga. Sh< went to the office of Frank on i holiday to aecure her pay. She wa not thereafter seen alive. Her bod] was found in the baiement of th< building, where it had evidently beei carried from an upper floor. Jin Conley, a negro in the employ o: Frank, some two weeks after thi murder, charged Frank with th< crime. This testimony with a num ber of incriminating facts, was suffi cient to satisfy a jury of Frank') guilt, and he was entenced to b< hanged. After fruitless fights be fore the Superior and Suprenru Courts of Georgia, and the Unite< States Supreme Court, in which t new trial was sought, Frank had hii sentence commuted by Governoi John M. Slaton, to life imprisonment c: i 1 it. uuilc uc wtt# curriea to inc siau farm, he received an ugly cut aboul the neck from a knife in the hands oi a fellow convict, believed to be in sane. Feeling ran high againsl Frank since the day on wbich he was arrested, and the people of Georgii have constantly demanded his life Governor Slaton was hooted anc jeered by a mob in Atlanta, succeed ing the commutation of the sentence his home was attacked, and it wai believed in some quarters that hit life was actually in danger. Thii feeling has not subsided and it ii believed that the taking of Frank ii i the outcome of the belief in th< 'minds of most Georgians that Fran! 'is guilty and should die. Latest reports are to the effect tha Frank was lynched, and that hi: body has been found three mile: from hatonton. BLAME FIXED FOR , ! EASTLAND HORROR L OFFICERS OF OWNING COMPANY AND OF VESSEL ARE INDICTED. r - "j e Cause of Disaster Due to Instability . e 9 d Which Arose From One Or More ^ of Three Conditidfu * Named.? 2,500 Passengers On Board. i " Chicago, Aug. 11.? Indictments e charging manslaughter and criminal e carelessenss were returned in the criminal court today in connection n with the Eastland disaster. y The captain and engineer and four officers of the St. Joseph Chicago ^ Steamship Company, owners of the Knof ooc? -fnllftwc ^ uuotj ai u naiuvu c*?j jlvaaxs vv?? r George T. Arnold, president. William H? Hull, vice president '* and general manager. W. C. Steele, secretary-treasurer. Ray W. Davis, assistant secretarytreasurer. . . e Harry Pedersen, captain of the7 t Eastland. 1 Joseph M. Erickson, engineer. Bonds were fixed at $20,000 each for officials and $10,000 each for.Peg dersen and Erickson. The two last e named are charged with criminal a carelessness and the officials with f a manslaughter. Bill ^gainst.Officers. e The bill against the officers charge e<^: That they knew the Eastland was j unseaworthy and had no stability. e That they permitted 2,500 passenj gers aboard the vessel which is more than its carrying capacity. ^ That they were negligent ill hiring an incompetent engineer, who, ~ because of his lack of skill, was unj able to control the boat properly. 1 That the crew did not number enough hands to manage and control the Eastland properly. flm* tfio Knllnsf funics were allow - e.d to be out. of rejpair and were not ,* filled. Charges .Against Captain. r Against Captain Pedersen these e chargeB were brought: s That he permitted , aboard the e- boat a larger number of passengers ^ than she could safely carry. That he neglected to warn the pas-: e sengers to leave the Eastland .when s it became apparent to him that she was about to overturn. s That he was negligent in not seefj ing that the ballast tanks were in rej pair and were properly filled, j That he was negligent in not seeg ing that the chalk-holes and gang_ ways were closed when the ship was a loaded. V . Counts against Erickson are simir lar. - Cause of Disaster. e The report of the grand jury finds f that the disaster was caused by inn stability under conditions of loading - J ? 4 -* !--?^ iwofaktliftr nroc ana nun.es umi mc iiiswuiu.j ...? s due to ."one of three main causes, or any two, or all of them," as follows : ', ' The overloading of the vessel with I passengers. e The mishandling of water ballast, a The construction of the vessel. ' The report says that Eastland bet gan' loading passengers without waa ter ballast efforts to fill the tanks if failed. Y "That the-instability of the boat a was not corrected years before, we f regard as indicating criminal carea lessness or incompetency on the part t of all persons connected with the design, construction, control, operation r and inspection of the boat" says the j report. It points out that federal 1 inspectors had the right to refuse a B permit to the boat, but that they are i generally not trained men and failed i to make stability tests. j Lack of Understanding. e "The handling of the ballast by i the officers of the boat indicates an i entire lack of understanding of the f nature and proper uses of water bals last and an absolute disregard of ? safety after repeated warnings and . frequent indications of extreme in. stability" continues the report, i The jury recommends that expert s federal approval be required for the . construction of steam vessels and 9 constant inspection and supervision. I BLAME UNITED STATES FOR LONG WAR. Chicago, Aug. 15.?Peace and the freedom of the seas for the United States and the shutting off of munitions of war from America to other countries will be the keynote of the national peace convention when it meets in Chicago September 5 and 6. Continuation of the war will be blamed on the freedom with which arms have been shipped from this country. It will be decided that it is now in the power of the United States to end hostilities in Europe by a munitions embargo and the administration will be urged to act. I mi f-J-_ .1 : J ~ J 51 inese points were ueciueu upun c a preliminary conference held here by 40 persons presided over by Dr. t J. J. Tobias, of Chicago, with Dr. s G. L. Hagenberger, of Boston, as s secretary. Miss Ray Beveridge was ! one of the speakers.