Newspaper Page Text
Straps and .farts.
? An inspired Washington dispatch states that Russia has agreed to allow China to open certain Manchuria ports to the United States. ? The weather crop report for the week ending last Tuesday relates to cotton as follows: "Throughout the cotton belt there has been general improvement of cotton which has made vigorous and healthy growth. There is, however, general complaint of grassy fields in the coast districts of the eastern section and In Texas, the crop being in a better state of cultivation in Mississippi and over the northern portion of the central dis - tn Tavna ?r#? less ? tricts. oun wccmi .? ?v.? numerous. ? It was announced in Washington last Wednesday that an agreement has been made among New England cotton mill treasurers to curtail the production of the New England cotton mills sufficiently to enable them to get along without buying any cotton until early in October, or until they can buy independently of those In control of the July, August and September options, it is admitted that no papers have been signed, but that the understanding is | definite and that the mills will shut down for a time in August. ? Santos Dumont, the Franco-Brazillian flying machine inventor, has about reached a point when he can go through the air, when and where he pleases, especially when there are no strong: contrary winds. Last Wednesday was the occasion of the French national holiday and a feature of the programme was a review of troops at Long: Champs. While the review was in progress, Santos Dumont suddenly appeared in his airship, blew three blasts from the whistle of his engine, fired a salute to President Loubet with his revolver and then sailed off rapidly to his headquarters, some miles away. There were tens of thousands of people attending: the review and the> cheered the daring aeronaut lustily. Dumont's machine is not perfect yet; but it seems to be very near w iuc point where he can depend upon it for almost any emergency. ? News and Courier: A number of United States soldiers at Fort Leavenworth, Kan., made a determined effort to lynch two-Negroes at that place last Sunday night. The Negroes had gotten into a fight with some soldiers, and one of them had fired a number of shots at a soldier. "The soldiers then congregated in great numbers, and it was decided to lynch the Negroes if they could be found." The whole police department was kept very busy for more than an hour averting threatened violence. A dispatch to the New York Tribune says: "A number of soldiers with revolvers were arrested, but were released." We have very little doubt how the soldiers of the regular army would go in the event of trouble between the races. There are some persons in Charleston who have a lively and very grateful recollection of how the United States soldiers station ed at Charleston in 1876 "sympathized." ? New Orleans dispatch of July 13, to New York World: The people of Prentiss county, Miss., are wondering how Miss Willie Ray managed to palm herself off upon them as a man for nearly eight years without her sex being suspected even by her most intimate friends and neighbors. Miss Ray had lived in Prentiss county since 1895, and during the first five or six v?nr? worked for various farmers for wages. She dressed as an ordinary farm hand and made regular trips to BoonevlUe, the county seat, each Saturday afternoon, riding horseback, to all appearance a neat looking boy of quiet habits, although a steady chewer and smoker of tobacco. Willie was known all over the country as a firstclass field hand, a hard worker and good for his debts. Last year the girl in masquerade decided to start out as an independent farmer and rented a small farm, bought a small store and began to run into debt, as all small farmers are expected to do. Her sex was discovered last week at the court house in Booneville, where she was a party to a lawsuit, and since then Willie Ray has had to wear skirts. She came from Tennessee, is about twenty-five years or age, ana wnen asked her reasons for posing as a man said that she did it In order to go out and do man's labor for a living. ? Indianapolis Clay Worker: The recent formal dedication of the World's Fair at St. Louis gave some of us an idea of the spirit and the magnitude of that great undertaking. The bringing together of the world's work has more of educational value than any of us realize. The Philadelphia exposition of 1876 was the Immediate cause of the awakening of the German empire. The German commissioners wrote back to the home government and people that they (the Germans), were behind all other civilized nations in the industrial arts and manufactures. This was at first met by resent ment, but the Irritation was soon turned Into activity. America was enthused, encouraged and Instructed by the Philadelphia exposition. It was really the first affair of its kind which received general public patronage. The Vienna exposition was quite as beneficial to America as to foreign countries?not in small ways, but in a few large ways, notably in the matter of bread-making machinery and mechanical transportation?who is it that will overestimate the material and inspirational benefit derived by the world from that supreme effort in Chicago during '93? The world will go to school again at St. Louis next year. There will again be the ponderous ceremony of idea-mixing and bloodmixing. ? Mayesville, Ky.. dispatch of July 15: Enraged at the tardiness of ihe courts, a mob broke into the Fl*mingsburg Jail this morning and hanged William Thacker. a white man who had been given a life sentence for the murder of John Gordon two years ago. Thacker, in a quarrel with Gordon at Foxport, shot and killed him and then sat on the body, Winchester In hand, while he smoked his pipe and dared any one to arrest him. At the time Thacker became outlawed, but he was later arrested and lodged in jail at Flemings burg. He was given two trials and Anally got a life sentence. Gordon was a good citizen and an Inoffensive man. After being sentenced, Thacker appealed to the court of appeals, and was waiting for another trial. Thacker had some money and was able to command the support of some inAuentlal men and it was feared that he might escape punishment altogether. The mob collected at Mount Carmel, where Gordon once lived, and came into Flemlng8burg by twos and threes in order not to arouse suspicion. They advanced upon the Jail shortly after midnight. The Jailer refused to surrender the keys. He was overpowered J - I-*"** ^kawi Htm Thflok ttiiu uie rcjro ioacii iiviu er was hurried to a tree near the Jail and was given time In which to say his prayers, which he refused to do, but begged for his life. To hush his cries, he was hit In the head with a rock and his unconscious body strung up until life had become extinct. Ihe fjorlmUe (Enquirer. MWyg YOREVrLLE, S. C.t SATURDAY, JULY 18,1903. Since Its recent change of ownership the old Augusta Chronicle shows unmistakable evidences of healthy rejuvenation. m,n ? ? wimnvM CCTLONKL J. n. 'Xllimmi uao his headquarters to Lexington Jail and will push his campaign for acquittal from that place. The Charleston Post discredits the story recently sent out from Charleston to the effect that Negroes are being crazed by heat In that city. Senator Latimer claims that $450,000,000 would be sufficient to maca-. damize all the important public roads in the United States, and the amount can be raised by taxing each acre of land in the country $1. Sometimes it happens that a weakkneed jury that is afraid to convict a guilty man is drawn in York county; but as a rule our juries are made of the right kind of stuff and return verdicts in accordance with the law and the evidence. This thing of bringing in a verdict of guilty against a white man of respectable appearance and previous good character is a serious ntvmnoiHnn. even when the evidence K. - . warrants, and unless the jury is composed of real men, It is apt to be too chicken-hearted to measure up to its plain duty. Washington dispatches Indicate that Russia has at last signified her intention to open certain Manchuria ports to the United States. If this be true, it would seem to suggest that the shrewd old bear would make some | concessions to America in order to wean her from the threatened alliance with Great Britain and Japan. Granted however, that such an alliance was ever contemplated or is now a fact, it is not creditable to this country to go back on her allies in any such manner, and it is hardly probable that such a thing: will be considered. | The bill recently introduced in the Georgia legislature to license the carrying of concealed weapons is deserving of more than ordinary consideration. It is a notorious fact that the concealed weapon law, as It now stanas in this state, has but small deterrent effect on those who wish to carry pistols. People who desire to carry pistols In their pockets seldom think of the law. If a system of license and 'registration were provided, there would be a way of keeping up with the better and less dangerous class of pistol toters, and the weight of this influence would be secured in the enforcement of the law against the more dangerous and vicious class. The idea seems to be worth a trial. The alleged cause of the massacre of Jews in Kicheneff, Russia, some time back was the finding of the body of a Russian boy who had been murdered, and a story to the effect that the murder had been committed by Jews. The Russians believe or pretend to be11 4,1?x * i?/v *v?a kiaa/i neve umi uie ?iewa requnc mc i/iw? of a Christian In some of their religious rites, and that they secure this blood by murder. That a boy was murdered on the occasion referred to, is a fact. His name was Dubassary. Within the past few days, however, it has been reported from Kicheneff that the murder was committed not by J*ews but by a Russian gardner, the said gardner having made a confession of his crime. But few people throughout the civilized world believe that any part of the Jewish religion calls for any kind of a crime; but at the same time there is some satisfaction in the fact that the Russians now have undisputable evl-j dence of their mistake. "South Carolina Is coming along the line of the Rutherford man, who wants to put tea, coffee and vinegar beyond the reach of frail mankind. The chief dispensary constable has issued a manifesto that the sale of cider Is illegal In that state. This moves the Charleston News and Courier to make the suggestion that when the next legislature meets It should amend the dispensary law so as to make it a penal offence for anyone in South Carolina to grow on apple tree. The Rutherford reformer should take courage. A better state of affairs than he probably ever dreamed of may be coming. One of these days it may be 'agin the law* for a farmer to eat souse."? Charlotte Observer. Admirable sarcasm this; but it ought not* to be taken too lightly, for there is sense in it. Because it is on the statute books, we feel that we have to ud hold the dispensary law. Regardless of the manner In which this outrage was foisted upon the people, it is the law of the state. We have always had the Idea that It was only a low order of humanity that could be content to take profits from the whisky business. We think this yet, and we cannot disabuse our mind of it. There is in the letter of the dispensary law much that seems to commend itself to those who would stand for moral rectitude and the uplifting of humanity. For instance, in letter at least, that law pretends to seek the curtailment of the use and abuse, of intoxicating liquors, and that is a praiseworthy end. In actual practice, however, the law seeks only profit from the debauchery of the citizenship of the state. It would sell the health, honor and virtue of the people for gold. Notwithstanding all that has been said, there is a well defined belief that will not down, that the fl?i individual officials uroi piuuio wiiiv %v . ? _ who are in a position to get commissions, rebates and rakeoffs on account of purchases, and after that the state comes in for revenues that serve to blind the people to their sense of moral responsibility and to the inevitable consequences of the future. Of course, there is some reasonable ground for the efforts of the dispensary authorities to restrict the sale of cider, vinegar, malt, etc. People who are allowed to sell these drinks for beverages are actuated by the same motive that induces the state to sell liquor?and like the state, they are unable to resist the temptation of development along the line of the most profitable demand. But somehow we are unable to concede any moral basis for the objection that is being urged by the dispensary authorities. The idea that they seek to restrict or repress debauchery is absurd. They have abundant oppor tuntty to do a great deal more 01 mis by a stricter enforcement of the laws under which they themselves pretend to be operating, and it is apparent that they are more concerned about the direction of profits, rebates and rakeoffs than they are about. the elevation of the standard of morality. THE NEW8 IN CHEROKEE. ' ". Good Rain Arrives on Time?WaterLogged Cotton?The Confederate Roils. Correspondence of the Yorkville Enquirer. Etta Jane, July 13.?We had a fine rain last night and yesterday evening, which came in the very nick of time to benefit the crops. Most farmers' were ready for it. The ground was beelnnlne to sret too hard to plow in many places. Corn and cotton are both small, but the last few warm days have made a wonderful Improvement In the growth of both. There Is a large force of hands at work getting cotton out of Pacolet river both at Skull Shoals and Grindall Shoals. The cotton is opened and dried on barbed wire tables and repacked. There are about 400 bales at Skull Shoals and 500 at Grindall Shoals. Lots of cotton is tied in the river where it was caught. A company from Augusta, Ga., has this work in charge. It is now feared that those who worked to get the cotton out of the river will lose their labor. But they have a guarantee from the manufacturing company that encourages them to hope that it will be all right. One day last week Mr. T. J. Estes's well wall fell in and has cut off his supply of water. We are highly pleased with the way The Enquirer has published the rolls of the soldiers that went from York county to the war. While these rolls are not- absolutely correct, neither are they claimed to be, but they are near m_ *- - I ? Kftlnor ma/^O QA enougn 10 iiibuic men ucm6 iiimuv ?. It Is a task only those who have tried know how to appreciate the trouble It Is after forty-two years to gather up all these names. Rev. W. H. White will begin a series of meetings at Salem on the 30th Instant at 7 o'clock p. m. The county chaingang Is working the public roads near this place. One of the convicts got away last Saturday morning. He made good his escape. The Iron bridge across Pacolet river at Skull Shoals, was washed away on the 6th of June and has not been replaced yet. The "Wllkinsvllle oil mill Is a fixed matter. By the 1st of August next, the work on buildings will commence. The machinery has been bought. C. W. Whlsopant is president of the company and will be one of its largest stockholders. LETTER FROM HOODTOWN. Farm Works Progressing Nicely?Death of Mr. CHas. D. Hamrick?Other Notes. uorresponaence 01 wv xorRTiuv ouymici. Hoodtown, July 16.?After one of the hardest struggles the farmers have had with the grass in several years, the crops are generally being worked out in good condition. The majority are about done laylng-by. Despite the contest with the grass and unfavorable weather conditions, which have pre- [ vailed throughout most of thq season, crops are generally looking quite promising. A good practical farmer remarked the other day that there might be a good crop of cotton made yet, though few are so sanguine. The wheat crop was so light that but little of It has been threshed. We were snocxea 10 near a iew uajo ago of the death of our young friend, Mr. Charles D. Hamrick of Earls, N. C., who taught school here a little over a year ago. He was a bright and promising young man. Cut down on the threshold of young manhood, his death is Indeed, a sad blow to his parents, brothers and sisters, and numerous friends of the young man will join in sympathy for the stricken ones. J Mr. Hamrick was only 19 years of age. His ambition was to obtain a thorough education and to be thoroughly equipped for the battle of life. He was mak- | ing encouraging progress In that direction when he was stricken with the1 fever, to which he succumbed. A protracted meeting will begin at Shady Grove next Sunday at 11 o'clock a. m. Af a mostlnp nf thf? natrons of Shadv Grove school held last Saturday evening, Miss Agnes Sherrer was again selected to teach during the summer, and probably through the winter season. Stock in Pacolet Mills. Charlotte Observer, Wednesday: Rev. George H. Atkinson of Monroe, arrived in the city last night from Spartanburg, S. C., where he attended a meeting of the stockholders of the Pacolet Mills company, held for the purpose of making the preliminary arrangements for the rebuilding of their three mills which were destroyed during the recent flood in that section of South Carolina. Mr. Atkinson, who is one of the stockholders, told an Observer reporter that the meeting was well attended, almost all of the stocks being represented. No stockholders seemed depressed and all were in favor" of rebuilding. It was decided that the capital stock of the corporation should be increased $1,000,000, making the total $2,000,000. The stockholders present In person subscribed for $335,700 without hesitation and the stockholders in Baltimore. Md? and other cities have agreed to take $566,500, leaving less than $100,000 to be raised. Even now the stock of the Pacolet company sells above par, and is considered far more valuable than that of many mills already in operation. " LOCAL AFFAIRS. NEW ADVERTISEMENTS. Loan and Savings Bank?Tells you that one of the secrets df success Is to have some money ahead with which to grasp opportunities, and tells you how to get money ahead. Piano, Enquirer Office?Wants to rent a piano for three months. J. R. Killlan, Administrator?Gives notice to' the debtors and creditors of the estate of P. A, Killlan, deceased. W. G. and J. M. Rlgglns, Administrators?Give notice to the debtors and creditors of the estate of Mrs. R. N. Rlgglns, deceased. Yorkville Buggy Co.?Puts forth the many good points about the Weber wagon and calls especial attention to the improvements to> be had on *? r>n other weoer wagwuo nwi. iVui>? ? makes. . John R. Logan, S. Y. C.?Gives notice of the sale under tax executions of real estate lying in Bullock's Creek and Bethesda townships, and also In the city of Rock Hill. Foushee Cash Store?Says that cotton at 20 cents a pound would be all right if you want to lay money away, but calls your attention to its prices if you want to save money. WITHIN THE TOWN. ? Rev. W. G. Neville has been the recipient of numerous thanks and congratulations on account of his sermon last Sunday. Quite a large number of people think that the sermon was badly needed and that it fully covered the ground. ? The town council is fixing up the Charlotte road from the point where it intersects with Congress street to the mile branch. The work is under the u. t p. white. (iireci aupcivioiun vl mi. ... chairman of the street committee. NOTE AND COMMENT. Captain J. W. Ardroy, of Fort Mill, suggests that it might be a good idea to send Bill Arp to the north as a missionary in the hope of abating the lynching evil among the Yankees. Speaking of the ; Nevlas-Kirby trial on last .Tuesday, a prominent citizen of Fort Mill said, "I sincerelv hope this thing will be settled, on*. >.ay or the other at this term 6f the court. It has been giving our people no end of trouble, and there is no good to come out of it one way or the other. When asked how he got up such a remarkably complete list of the York township Confederate veterans, Mr A. F. McConnell explained that immediately after his appointment as a member of the committee he commenced noting down the names of every soldier he could think of. He is aware of the fact that he has made some errors and omissions, but takes 4 * a n o rn nPA pleasure in correcting oucn <u r- ~ perly brought to his attention. A local attorney for whose opinion we have great respect, (Jisagrees with The Enquirer in the recently expressed view that Judge Buchanan is justly entitled to the back salary be is claiming. Our position was that the judge's salary could not be reduced during his term of office because the constitution distinctly provides otherwise. The attorney referred to gives his opinion like this. "It is a fact that the salary of a judge dannot be increased * a 1 nf offlpp or decreased during nio v.* without violation of -the -'constltution; but at. the same time- when Buchanan accepted the reduced pay as payment in full, he waived his rlfrht to put In any further claim. He should have either declined to receive the amount or accepted it only on account. His acceptance of the reduced salary was acknowledgement of his acquiescence. GENERAL 8ESSIONS. Because of various delays that could not very well be avoided, a considerable amount of time has been lost by the court of general sessions during the week. There was nOk- business ready Monday morning and" no case was entered Into until the afternoon. There was another delay Tuesday morning caused by the failure of certain witnesses that had been summoned in the Nevins case to appear, and when the Nevins case was concluded Wednesday afternoon, the solicitor had nothing else to call up for the reason that the murder cases had been set for Thursday ana *naay. The case of the State against E. P. H. Nevlns, A. B. Parks and R. G. Johnson, indicted for assault and battery of a high and aggravated nature, was taken up on Tuesday morning before the following jury: P. T. McNeel, foreman: J. W. Boyd, J. J. ilatthews, W. T. Hartness, R. L. Gordon', T. G. Dowdle, A. L. Black, H. B. McDanlel, S. C. Davidson, D. L. Black, John F. Gordon, Robt. M. Sherrer. Solicitor Henry represented the State and was assisted by Messrs. Thos. F. McDow and Walter M. Dunlap. The defense was Vvir Mn<A> Tomoq FV Hart reprcseuicu uj umjui ?? ?- ? and Hon. D. E. Flnley. The prosecution and defense were along the same lines as at the first trial last spring, except that the case was considerably shortened by the admission by the state of a lot of testimony that was sworn to on the forrtier occasion. Both sides contested every inch of ground closely, and notwithstanding the fact that there was a very general belief that there would be another mistrial, the Jury returned with a verdict after remaining out only about one hour. This verdict was "Guilty as to E. P. H. Nivens; not guilty as to R. G. Johnson and A. B. Parks." Major Hart gave notice of a motion for a new trial and sentence was suspended pending the hearing. The next case called was that of Thomas Bailey charged with the murHor nf Arthur Frnzf?r In Fnrt Mill town ship on the 14th day of June last. Senator Briee represented the State at the request of the solicitor, and Mr. Thos. F. McDow, representing the defendant, announced to the court that the state had agreed to accept a plea of guilty of manslaughter and leave the sentence to the discretion of the court after defendant's counsel had ; made a statement of the circumstances in which the killing had occurred. Mr. McDow then went on to explain that the defendant and the deceased were good friends up to the time of the kill ing. Both were quite drunk on the occasion. They began a scuffle in which there was no malice whatever. During the progress of the scuffle hot blood was aroused in some way and Frazer drew a pistol that he had.on his person. The defendant had no pistol; but seized the weapon that had been drawn by Frazer and shot him dead. The defendant claimed that he was too drunk at the time to tell much about the matter; but realized that he had committed a great crime and was willing to take his punishment, hoping, however, that his honor would be as merciful as possible. Senator Brice read from testimony taken at the inquest showing that the deceased was killed In a scuffle and that the defendant was not altogether blameless. After reflecting over the case for a few moments, Judge Klugh gave Bailey a little lecture and imposed the lightest sentence the law allows?two years on the chaingang or in the state penitentiary. In the case of Jake Whit Wright, convicted of .riot, the court imposed a sentence of 550 or six months on the chaingang, and in the case of Chas. Floyd,, convicted at the same time of the same offense he imposed a sentence of $25 fine or three months on the chaingang. Wm. Jenkins, alias Wm. Johnson, convicted of larceny, sentenced to pay a fine of one dollar and go to the chaingang for a period of one year. - The case of the State vs. J. L. McLester, indicted for the murder of Jack Fockett at the Ferguson gold mine on June 23, last was called Thursday morning. Mr. F. P. McCain, assisted by Mr. Thos. F. McDow, represented the defendant and Senator Brlce, because of the continued indisposition of Solicitor Henry conducted the prosecution. Jurors were empanneled as follows: J. W. Ardrey, foreman; S. W. Thomas. J. Wylll Roddey, T. E. Patton, Robt. M. Sherrer, H. B. McDanlel, W. T. Hartness, W. B. Riddle, T. G. Dowdle, C. R. Starnes, A. K. Sherrer, E. L. McElhaney. The principal witness for the State was W. E. Shepperd," a young man of about 20 or 21 years. He told a story to the effect that on Sunday preceed-. lng the killing, which occurred on Tuesday, he heard McLester say that "Foskett is the only man I have ever had a craving desire to kill." On the morning of the killing he, McLester and Foskett were in the sand house [at the mill together. They were all three together for some minutes. Witness left the room and went down into the mine, a distance of perhaps 80 feet. While under the ground, he heard four or five shots from a pistol in rapid succession, and when he came up he found Foskett lying dead near the door of the sandhouse. McLester said that he had done the killing. Witness said that he had not related these facts before because he had not been asked about them, and that at the inquest he had fully and correctly answered all the questions that had been propounded to him. He stated that he had no Interest in Foskett or McLester, and had no enmity whatever against the defendant Mr. Fred Frank, the superintendent of the Ferguson mine, identified the pistol with which the killing had been done, a 44-calibre Colt, as one that he had sold to the defendant. The defendant had been on a trade for the weapon quite awhile, but had not actually bought it until the Sunday previous to,the shooting. Mr. Frank said that McLester had been employed at the mine since the first of January last and that Foskett had been there for about six afatad thnt MrLpater had W CCAO, AAV ... been steady and industrious. Several other witnesses were put up by the prosecution to develop a clear understanding as to the position of Foskett's body, the location and character of the various wounds, the direction of the bullets, and other circumstances calculated to throw light on the killing. No testimony was offered by the prosecution to show a probable" motive for the killing. Mrs. Foskett, the widow of the deceased, was present, but the prosecution did not see proper to have her sworn as a witness for' the state. The defense put up a number of witnesses In reply; but relied principally upon the testimony of the defendant himself. He told a story to the effect that the deceased had made frequent threats against his life during a period of several weeks previous. Mrs. ?1?J vim n# tho threats. f OSKCll DitU lUiu nam va ...w . and on the Friday previous to the killing he had overheard Foskett himself make such, a threat. He, McLeBter; was at the^tlme In the home of Mr. and Mrs. foskett, where he boarded, washing his has>3& Foskett and his wife were in the. room and Foskett was unaware of His presence. He overheard Mr, Foskett say to his wife, "I am going to kill the d? s? b?. On the Sunday ' following that he got a revolver fronrj < Superintendent Frank. He had seen Foskett several times during the morning of the killing. He admitted that he, Foskett and Shepperd were in the boiler room of the mill building together at one time. He stated that while engaged In mending a belt, he happened to look up and saw Foskett some twelve feet away with a drawn stick in his hand advancing as if to strike. He immedl ately drew his revolver and began firing as rapidly as he could. He could see nothing after the first shot, for the smoke. After firing two or three shots he saw that the deceased had fallen. He was unable to give any reason whatever for the hostility that the deceased had exhibited toward him. He denied emphatically that he had I ever had any improper relations with Mrs. Foskett or that he had knowingly done anything at any time to Incur the enmity of the deceased. Mr. Shepperd had testified that shortly after the killing Mr. McLester had stated that he had killed Foskett and that he felt no more regret or remorse about the matter than If he had killed a rabbit. The witness denied that he had said anything of the kind; but it was claimed that he had said no had hf?en eomoelled to kill the deceased and was sorry that he had been forced to such an altercation. Senator Brlce made the first speech for the prosecution. He analyzed the testimony, and expounded the law. He attributed especial Importance to the testimony of the witness Shepperd and claimed that the young man told nothing but the absolute truth. He argued from jthe position of the wounds that It was Impossible that the story of the defendant could be true. He called attention to the fact that the testimony of Shepperd had been corroborated In various particulars,, .while that of McLester stood alone for what It was worth, bearing the burden of the tremendous personal Interest that the defendant had at stake. In conclusion he claimed that the state had made out a clear case of murder In the first degree and beyond any reasonable doubt. Mr. Thomas F. McDow followed Senator "Brlce In. a strong appeal In behalf of the prisoner. He laid especial stress on the threats that were alleged to have been made against the prisoner, and asked the jury to consider what , they would have done In the circum stances. He claimed that the prisoner certainly had a right to defend hjs life. The faces of the jurors carried expressions of the utmost seriousness, and Mr. McDow dropped for a moment Into a vein of humor, Irony and ridicule. The unpronounceable name of one of the witnesses was taken as the occasion, and young Shepperd, who4 had seen and heard things that had not been seen or heard by any other witness was made the object of the attack. There was some suppressed merriment In the audience, and a suggestion of it on the countenance of one or two Jurymen, but It was not general. The speaker also analyzed the testimony and showed how the killing could have been done under the circumstances claimed by the defendant, and he concluded with a pathetic appeal in beironntr atro ncor whn hfld 1IU.11 Ul IUC JVUUB ov*?*?.0v. trusted himself to their judgment, etc. Up to this time the attitude of the defendant had been one of quiet Interest that was suggestive of little more than confident Indifference; but during the speech of Mr. McDow, he broke into tears and covered his face with his hands. P. P. McCain, Esq., followed Mr. McDow. He made no attempt at oratory; but confined himself principally to a statement of the law applicable to the case, and analyzed the testimony to the- end of making out a case of Justifiable homicide under the plea of selfdefense. He sought to discredit the testimony of Shepperd, and to make, it appetu- that the defendant had done the right thing under the circumstances. Solicitor Henry made the closing speech for the prosecution. He began by defining the law as to murder and self-defense, leaving the possible question of manslaughter entirely out of consideration. He* claimed that In view of the threats alleged to have been made by the deceased, the defendant should have taken steps to put Foskett under a peace bond, or should have demanded of the superintendent that If the man was not sent away from the mine he would go himself. Then he reviewed all the circumstances of and preparations for the killing from the standpoint of deliberate murder, with malice aforethought He stated frankly that the evidence showed no motive for the murder; but intimated very clearly that Mrs. Foskett was the fly in the ointment; that it was on account of her that the crime was committed. Jiylge Klugh made a clear exposition of the law in a brief, but comprehensive charge, and the Jury after remaining out less than -half .an hour, returned with a verdict of "guilty of manslaughter." Mrs. Foskett, as a matter, of course, had been summoned by the state. That was because she had been used by the coronor to make out the State's case at the inquest. Had she not been summoned, the defense would have had an opportunity to make capital of the fact. But the State declined to put her on the stand. It was known that her testimony would be in be-, half of the defendant. She sat with the defense during the trial; but was not sworn. It was evident that the defense did not deem such a step prudent, for she would have then become a witness for the defense, and with such testimony as may have been drawn from her during the cross-ex .? .1? .4. i? ?ho? thoro amilULLlUU, 1L AD puooiuit kiiuw ?>? may have been a verdict of murder. The caae of the State vs. Wm. A. Harper, indicted for the murder of Arthur A. Dellinger on June 13, was called on Friday morning. Upon arraignment the prisoner pleaded not guilty and the drawing of the jury proceeded as follows: N. A. Simril was excused because of relationship. J. Wylie Roddey, T. G. Dowdle and T. E. Patton were sworn one after the other. The defense objected to R J. Herndon, and also to ~W. B. Riddle after the latter had been placed oh his voir dire. S. C. Davidson was sworn. D. M. Ford, Jr., was excused on his voir dire. J. W. Boyd was excused by the defense. J. E. piaxico was sworn. J. A. Harshaw has sworn, as was also Robert M. Sherrer. Messrs. T. B. Belk and W. L. Hill were excused by the defense. C. L. McElhaney, A. K. Sherrer, H. Hi Hood, A. L. Black and C. R. Starnes completed the panel. Mr. Roddey was selected as foreman. There was very considerable Interest in the case among the people of Bethel township, especially in the neighborhood in which the killing occurred, and a large number of them were present to hear the trial. The court house was quite full of spectators. At the opening of the trial Solicitor Henry announced that Mr. John R. Hart had been associated with the State and Mr. W. B. McCaw, counsel for the defendant announced that Senator Brice had been associated with him. The first witness sworn was Dr. I. A. Bigger, who was called to the field to see the deceased shortly after the shooting. He stated that he found seven open wounds In the body of the wounded man, but could not say w hether or not they were made by separate bullets. He thought the man who fired the shots must have been In front, and above and a little to the left. One of the bullets that Inflicted a wound sufficient to produce death had ranged downward. Mr. Delllnger was conscious when the doctor arrived shortly after the shooting and said that he was going to die. He lived about 50 hours after that. Witness indicated on the body of counsel the nf?lnts where the different bullets had entered and explained the course of each. Witness stated that deceased had said in his presence that Harper had shot him as the result of his effort to get Harper to go to a school meeting. Harper was a little taller than Dellinger, but" the difference . in height was not sufficient to account - * for the downward course of the bullets. The downward course could have been accounted for by a stooping position on the part of the deceased. Had the man been shot from horseback the bullet would have taken the same direction. Does not think there were any powder marks on the clothing or body of the .deceased. Deceased wore a, white cotton shirt at the time. - ?? ?" ?? ?/, d T J ne Iiex.1 WKIICOO noo mi, U. V. rence. Saw the shooting, of Delllnger by Harper. He had made a diagram of the location of the shooting and produced the same to be offered In evidence. When witness first saw defendant and deceased they were In defendant's field, going from defendant's plow in the direction of Harper's hpuse. The house. was 354 yards from the plow? Mr. Harper was riding his mule and Delllnger was following along at. a walk about 100 yards behind. When witness next saw the two men Harper was riding up on his mule. Delllnger advanced toward Harper. Witness was 174 yards away. He heard Harper tell Delllnger to get out of the field or he would be hauled out. At the same time Harper drew a pistol which witness had not seen before. Delllnger spread out Viorirfq nnlms onen and said to Har per "Shoot!" Shortly after that Harper got down oft his mule in some way and within a few moments ihe two men were at holts. Delllnger advanced toward Harper and Harper walking backward, fell. Dellinger fell over him or by the side of him. They broke loose and when they arose Harper commenced shooting. Delllnger pushing Harper back with his open hand. He saw Mrs. Harper coming from the house while the struggle was in progress; but he could not say whether she said anything or not for. the reason that he was so far away. Delllnger did not throw stohes at Harper wheti Harper was going toward the house after his pistol.. Dellinger was going toward ' . Ms mule when Harper returned from the house. Harper did not fire twice in succession. A struggle Intervened between each two shots. Did not see r Mr. Dellinger strike or make any kind' * of a threatening move until after Harper had exhibited his pistol. Mr. S. S. Glenn was sworn as the next witness. He saw a part of the difficulty. Mr. Harper was at the time returning to his field from his house. Mr. Dellinger was about fifty yards in front. Mr. Dellinger went to Harper's plow stock and, stopped. Mr. Harper went to the same spot and-stopped. ..... Harper drew a pistol and told Dellin- ~ ger to get out of the field, repeating that order several times. Dellinger ad- < vanced toward Harper with his empty hands upraised. A struggle commenced and. afterward Harper got loose and stepped back and fired. Dellinger appeared to be trying to hold Harper to keep him from shooting. Saw no rock or other weapon In the hands of Dellinger. Dellinger followed Harper about fifty yards after the shooting was over. **- anrAKn flfiM that flA air. W. X". Ou;u art VI n, ou.v. was a brother-in-law of the deceased and of the defendant Sav? Mr7T!fife!-r linger during the afternoon of the shooting, lying in the woods. He was lyliTg with his elbow on the ground and his head resting on his hand. Deceased had in his pocket a tooth pick, an S-penny nail and>a piece of tobacco. He stated that he had been shot all to pieces and that he was going to die. Asked that his father be sent for yid also'that his wife and children be sent for. About fifteen minutes afterward he said that Mr. Harper had ordered him out . of the field and he wanted to reason with Harper! because he thought he was a privileged character. . He said that Harper had shot him too . quick and that It was without cause. Dellinger said that he thought he had been sent to Harper's field to get him to go to a school meeting, and that he was doing all he could to persuade Harper to go. He threw the gears off Harper's mule and when Harper left for the house Dellinger followed and threw rocks at him. In his dying state ment Dellinger denied that he was drank at the time of the difficulty. The state rested after presenting the 1 testimony of Mr. Boyd and as the first witness in reply, the defense put up the defendant, Mr. Win. A. Harper. Mr. Harper testified that he was 28 years of age, and had never been in either the civil or criminal coUrt before. On Saturday afternoon of. the killing Dellinger came to his field and wanted him to go to the school meeting. Defendant refused to go for two reasons. In the first place he was busy and .in the second place he was not interested. Dellinger persisted in his interference. He rode in front of defendant's mule and between the mule and the plow, finauy ne mrew mc gc?? oft the mule, and unhitched the animal from the plow, saying that he would take defendant to the school meeting on his own mule. Deceased Continued his interference until It developed Into actual violence, and defendant went to his house after his pistol. Deceased followed, throwing rocks and shouting "Damn you, stop!" When defendant returned to the field, deceased came toward him again. He begged deceased to leave the place, telling him that he was not wanted there. While defendant was getting ready to resume his plowing, his revolver was exposed, and Delllnger ran up and shouted, "Shoot!" There was a scuffle. Harperbroke loose and ran two or three steps. Defendant had gone to the house for . the purpose of getting his pistol to defend himself. He returned to the field to resume his work. He did not tell his wife, father or anybody else that he had gone to the house after his pistol. He bought the pistol in March of this year. Mrs. W. A. Harper, wife of the defendant, was at home: heard loud cursing, ran to the field; saw Arthur Dellinger throwing rocks at Mr; Harper; Dellinger ran up to Mr. Harper and told him "Damn you, shoot!" ' Mr. Harper did not shoot twice in quick succession; Dellinger was beating Har per over head and back. Witness Identified the clothes of her husband and said certain rents were made during struggle. Mrs. Harper was not crossexamined. Miss Mary Boyd, niece of defendant, sworn. Saw the deceased on the evening of the shooting after he was shot. /