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The herald and news. [volume] (Newberry S.C.) 1903-1937, November 10, 1903, Image 1

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Went to Jail In Default of Bond-Wh
The Governor Says About
The Matter.
The State.
Charleston, Nov. 3.--Not contet
with the indictment of the five di,
pensary constables in the court <
common pleas a few days ago o
the charge of assaulting him in hr
place of business last August, Rt
dolph D. Wieters carried his ca
into the United States court on Sal
urday, securing an order from Judg
Simonton for the arrest of Conste
bles Bateman, Iloy, Gideon, Grad
and May. Wieters is represente
by Attorney J. P. K. Bryant. Th
action is for $io,ooo damages an
the bond of the constables is fixe
at the stiff sum of $6,ooo each. Th
case will come up for hearing
the regular term of the court.
The papers were served on on]
two of the constables, Grady an
Hoy, the others being out of th
city. The other constables wi:
doubtless be ordered to Charlesto
to surrender themselves to th
United States court authoritties a
soon as their release on bond h
been arranged for.
The plaintiff prays the interpos
tion of the federal c,onrt on th
ground that lie is a subject of Gei
Grady and Hoy were detained i
the marshal's office for some tim
after their arrest, and thkei the
were taken over to the jail an
placed in the tender mercy of Cap1
It is probable that the attorne
general may endeavor to secure th
release of the men on habeas corpt
proceedings. The constables hav
been made comfortable at the jail
A dispatch to the News and Cor
ier from Columbia says that Govei
nor, speaking of the above matte
At the present term of court th
grand jury threw out the bills c
indictment against a negro in th
employ of Chicco, who was charge
with an assault upon a constable i
the discharge of his duty. It w.,
feared for a time that Mr. Lyke
would die. It is exasperating t
think that the plaintiff, Wieters,
man whose place of business wa
raided repeatedly, should conside
himself immune from the laws c
the State, and when called upon t
observe the laws has instituted i
the Federal Courts ,proceeding
against the officers of the lan~
Wieters, by claiming that lhe is
forejgner, has had these officer
throwni into jail to await releas
upon the giving of $5,ooo boni
"'Suelf actio.n shall not deteri
the effort to enforce the dispensar
law. Charleston must and shall b~
treated as any other part of th
Columbia, November 8.--Attor
ney General Gunter has gonet
work on the case of Constable
Grady and I-oy, who were impri
soned in the Charleston jail in d<
fault of bond. Governor HeIy
ward, as indicated in disp)atchesi
this correspondence last night, wa
worried about thle mat ter, and i1
sorry that the case has taken sueL
a turn, but he will espouse the canis
of the constables and insist that th~
constables continue to do their dut
in all parts of the Staten
It Items of More or Less Interest Condensed
Outside the State.
Four children were instantly
killed by an explosion of nitro
it glycerine in Hocking County,
Ohio, on Sunday. They were play
n ing with a can which contained
s nitro-glycerine, and, it is supposed,
I- struck it with a stone.
The strike of miners in Colorado
e has passed far beyond the expecta
tion of the officers. Not a mine in
y the Trinidad section could start yes
d terday.
e At Taunton, Mass., on Saturday,
d Walter E. Bassett, 1i years old,
d shot and instantly killed Peter
e Clark, a schoolmate of the same
t age.
At Monongahela, Pa., on Satur
a day, Earl Flory, a boy 13 years old,
e enraged at a name applied to him,
shot and killed James Murphy,
aged 12 years, and severely wound
e ed John Johnson, aged r i years.
Items of More or Less Interest Condensed
In the State.
A gavel and block, made from a
piece of timber in the old Brick
ii church, Fairfield county was pre
e sented to the A R. P. Synord, in
y session at \Vinnsboro. last week, by
d the Rev. C. 1. McDonald, of
Winnsboro, on behalf of the con
gregation of the church.
There have been a number of
e burglaries in Beaufort recently.
Some of the perpetrators have re
Sinained undetected, but last week
a negro seeking to enter a store was
lshot through the thigh by a clerk
sleeping inside and another of the
- burglars was captured in Savannah.
r Jim Smith, colored, who was ar
rested at Pendleton wanted on a
charge in Laurens county. and who
was shot by Policeman Sanders
e lien he attempted to escane five
weeks ago, died last week, it is al
leged from neglect and inattention.
s The authorities wanted to care for
sihim, but his relatives asked the
I privilege.
'Walter Mclam, a 16-year-old
r negro boy, has been lodged in the
county jail at Spartanburg, on the
charge of having assaulted a negro
a girl, about four years of age, at
.I Cowpens. Mellai left Cowpens
and went to Spartanburg, where he
a was arrested.
s Mr. H-enry S. Holmian, a farmer
e in Orangeburg county, shot and
iser iously wounded his negro servant
a few nights ago, thinking he was
aI shooting at a chicken thief.
e Dr. Crimmn Here.
Dr. I. B. Crimmn, the well known
op)tician, is again ini the city, and
will be here for two weeks. Hie may
h le found at Dr. T. WV. Smith's
o office over the p)ostoflice. Thme
s Greenville News has this to say of
- Dr. Crimmn's departure from that
- Durig his stay here 1Dr. Crimnm
ni has enjoyed a liberal p)atron iage
s from the best p)eop)le of the comH
5 imunity. In additioni to his pa'ron
h, age fro,tm On en vi lie he has ahI ay s
e had a number of splenmdid patronv,
e in all the nearby towns. So far as
y can be learned all work (done by
Dr. Crminm an nemO,, satsfcry.
Democrats Choose Williams, of Mississippi.
Republicans Choose Cannon
For Speaker.
The Democratic members of the
House inl caucus at the Capitol se
lected Representative John S. W%il
lians, of Mississippi, as the unani
imous choice of the minority for
Speaker. This action makes hiin;
the minnority leader for the coming
Congress. Representative George
1 McClellan, mayor.ek et of New
York, received an ovation as he
entered the caucus and was con
gratulated by his colleagues on his
At the caucus of the Republican
members of the House of Repre
sentatives, held in the hall of' the
House, Representative joseph G.
Cation, of Illinois, was unani
mously chosen as the candidate of
the majority for Speaker of the
House. This action assured his
election yesterday.
Among other things Mr. Cannon
"Ini my judgment, our policy
should he to consider and enact
proper legislation covering the con
vention for reciprocal trade between
the Uiiited States and Coba: to
make generous. not extravagait
appro( priation's, at th1.e regnilar -ses
siv!1 4,f (.ness for tle oblieser
vice; then to adjourn1 and return to
our homes, and the peop;le, setting
the seal of approval upon our action,
will do the remainder, working out
their own salvation."
What Chairman Garris Says About Them
Employees of the Road Criticised
For Carelessness.
Columbia Record
The railroad conunission will in
its report to the legislature discuss
the frequent wrecks that have oc
curred in this State during the past
six montths. Tlt report will review
every one that has occurred, and
there will be several important sug
gestions made. From a statement
minade bY Chairman Garris this
morning all of the blame will not
be put on the management either.
The commission keeps a record of
the w reeks in this State, and the
roads all file official statements with
the conniission as to the causes of
each wreck, with the numnher of
lives lost. Th'lis will be add(ed to
the repiort. JIn speaking of the
wreck at Chester Wednesday, Mr.
Garris said:
"'I am satisfied that the cause of
thme wreck was the criminal careless
ness of the employees of the road,
taking the ofiicial statement handed
out by the officials as a ground f or
thsasrtion. In some of the
wrecks thle public has been quick
to place the blanie upon the manage
met, but in this and in several
others investigationi has shown that
they were caused by neglect of dutly
on the part of the employees of the
roadl. D)ismiissal is pioor punish
men t for t hiis sort oif bushiness, anid
I think that such cases are for the
sol ici tor, to takew cognmi zanmice of."'
MIr Garmris will eimbodxy several
imattier. hm'. bi in1 lis report
(ispet t i :\ui u- uh(rla from
Carolima .ili.iI,and as Jim as IhI(rdee
Jury Cases Concluded Friday-Jeter Ac
quitted-The Werts Murder
Case Continued.
The jury cases in the general
sessions court in session last week
were concluded at noon oil Friday,
when the jury in the case of the
State against W. B. Jeter, charged
with breach of trust. brought in a
verdict of not guilty. The crime
with which Jeter was charged wa,
alleged to have been coinmitted
during the early part of this Near.
Jeter was in the emiploy of W. L.
Nelson, of Charleston, and was en
gaged ill buying and selling cattle.
He was charged with having ap
propriated to hiniself the simn ol
$500, advanced by his employer
Neh-on. to be used in Iraffie in cat
tie. Jeter came to Newberry and
engaged in the beef market busi
ness. le was arrested here by the
sheriff of Charleston on a warrant
sworn out by Nelson, and was car
tied to Charleston. Mr. Cole L.
Blease, representing Jeter, appeared
before Judge R. C. Watts il
Charlestoi and argued that tihc
crime, if crime there was, %i'5 Cm111
mitited in Newber; y. The cvse as
mi()1111ed to N,-wberry cot nity.
Jelcr gave bond. lie was ph.ced
oil TihurI Titursday afterlooln, and
was acquitted Itn Friday. Jetr
was represeited by (eorge J,11hn
"tonle and Cole I, Blense.
The case :gaiist IHellr y W-erts
c1-itged with the mrder of Hlenur
Auton, ill the mill village here,
some tell years ago, was contined
until the next lern of court it
lln:)tioa of Solicitor Suas".. Wert.
Iepre.eIt(d by Johnston"e & Wclchi,
vsked to go to trial. lie is sorely
afl1:eted wihc -.11nption, anid le
made a personal appval to Judge
Haynieswrth to press hiq case to
friil, sayiig ihi le desired to get
tile imlatler off his mind, in order
that le iight spend Irs few re
111imlitig days in peace. J udge
Hlavnesworthi seeilmed disposed to
press the case to trial, but the
solicitor argued that Werts, who had
surrendered to the shiie ff oily\ after
lie last t-rmi of court, had beien out
tel years, and this was tlie first
t: rm ofconrm after he had placed
I,knself withinl the j-mrisdiction of
the courts, and that time State was
not ready atid it was a very tiisual
hi;ng to press the State to trial.
Judge Haiynieswvortht granted the
Amiotig the a ppeals fr-om magis
t1 .tes' courts acted on b)y J udge
HJaynesworth there was an initer
estinig case fromu Pomuat ia. Cha rles
H-. Counts appcaled fromn a sentence
itmposed by the intendent of Pamaria
on tile grounid, first, that the chat
ter of the town of Potmaria was ir
regutlarl y issued; and, secondlIy, on
the ground that no wvarranit wam
issuied for the dlefend(ant. Under a
recent dlecisionl by the attornecy
genieral, made at the request of the
authioirities of thle townl and( which
was pubbhehd, t lie first ground of
appeal was abandoned. It not ap
pearitng whether dlefend(anit was ar
r-est'ed by ani oflicer who saw the of
fetnse, ini w hich case thle a rres
woultHi be lawfl, Judl(ge Haynvmi.
worthI ovemrruled the exceptin 101am I
remianlded the case to the court o~
lie itntend(enlt for carryinig out th<
sentc nce.
State Newspaper Incorrect In Its State
ment of Facts as to County Treas
In a tecenit issue of the State
tiewspaper, Newberry was men
tioned among sixteen counties
"with which the comptroller gen
eral has not had settlement on ac
count of the tangled condition if1
which some of the county treasu
rers were.''
As a matter of fact County Treas
urer Epps and Auditor Cromer have
been ready for a settlement since
the first of September and have not
settled because the Comptroller
General has not called for a settle
The following telegram sent froin
Greenwood by Comptroller General
Jones, to Treasurer Epps, at New
berry, is in reference to this mat
"Coumity Treasurer: Article in
paper today incorrect and mislead
ing. Will correct.
"Colipt. Gel.''
Twenty-three Bales Shipped From
Kinards to Columbia, Unloaded in
Fire was discovered inl a car
loaded with cottonl oi a freight on
the Cohinnbia, Newberry and I,an
Inus road, bounlid for Columbia,
when the train was between Jalapa
and Newberry on Saturday nighit.
Whien the train reached Newber
ry at about seven o'clock the alarm
was tuirlned inl and tle fire depart
11mIt res)oMded, null!,adiig the cot
tol and puttilig out the fire.
In tle cair were twenty-three
bales shipped by Smiiit h Brot hers, of
Kinlards, this comity, to M. .
Heath, Columibia. ()wing to the
prompt response and the good work
of the fire departneint here the loss
was very small, am1ounmitiig pIroba
bly to less than $75.00. The fire
ha,d onilV reached six Of the bales of
cotton and did very little damage
except to ha1 f of these.
The origin of the fire is un
It may well be seen how serious
aii affair it might have been.
For fear that the fire was not
completely ex tingu ished, t he cotton
w'.as left ini Newvberry on Suniday.
The Dickert Indictment.
Thle inmdictmuient aga ist WV. T1.
D)ickert, practicing niedicinie with
out a license, which was handed
the grand jury last wveek by Solici
tor Sease, was withdrawn by the
Solieittor who said that lie would
1)ri ng up the indictment at the next
term of court. Th'le grand juiry,
after examin:ing a inumbler of wit
nesses, would not have found a true
Large and Well Selected Stock.
One of the bigges;t stores ini New
becrry counityV is t hat cond(lucted by
Moseley Brothers, at P'rosperit y.
Ti - store sellIs al most everythlin g
from (ca mblric to a four-horse wagon,
a little mtuonev goes a long way at
their store. They and( their (clerks
are courteous and obliging and it
is well to visit them.

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