The herald and news. [volume], December 01, 1903, Image 1

About The herald and news. [volume] (Newberry S.C.) 1903-1937

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C eraW0 aub tins.
EEDE
ESTABLISHED 1865 NEWBERRY, S. C.. TUESDAY, D)ECEMBETZ 1, 1903. TWICE A W.-EK~.5AYK
CLEVELAND WILL NOT RUN.
Cannot Conceive Of Any Circumstance lh
Which He Should Again Be a Can
didate For The Presidency.
L Grover Cleveland has sent th4
b following letter to the editor of th<
t' Brooklyn Eagle:
t Princeton, N. J., Nov. 25, 1903.
My Dear Mr. McKelway: I hav
wanted for a long time to say some
thing which I think should be saic
to you before others.
You can never know how gratefu
I am for the manifestation of kiudl
feeling toward me on tb part of in
countrymen which yot,: initiativ,
has brought out. Your advocac:
in The Eagle of my nomination fo
the presidency caine to me as :
great surprise and it has been sec
onded in such manner by Demo
cratic sentiment that. conflictinl
thoughts of gratitude and duty hav
caused ine to hesitate as to the tim
and manner of a declaration on i,
part concerning the subject--if sue]
a declaration should seem necessar,
k4r proper.
In the midst of it all and i1
full view of -very consideratio
presented, I have not for a nuomen
been able nor am I now able, t
open my mind to the thought tha
in any circumstances or upon an
consideration I should ever agai
become the nominee of my part
for the presidency.
Mv determination not to do so i
unalterable and conclusive.
This you at least ought to kno1
from me, and I should be glad
Phe Eagle were made the medim,
of its convevance to the public.
Very sincerely yours,
Grover Cleveland.
St. Clair McKelway, LL. D., Brool<
lyn, N. V.
The Brooklyn Eagle, to the ed
tor of which Mr. Cleveland's lette
was addressed, announced toda
that the support it had given Mi
Cleveland for the Democratic pres:
dential nomination would now 1
given to Alton.B. Parker, at pre.
ent chief justice of the court of af:
)eals of New York.
p FIRST LYNCHING IN DORCHESTER.
A Negro Pays the Penalty of the Usu
a ,Crime at Rosses, Twelve Miles
From St. George's.
t
t News and Courier.
-,St. George, Nov. 28.--The fire
lynching ill Dorchester county too:
place at Rosses, a small town abou
twelve miles from here, reportsc
which have just beeni received.
From what your correspondei
.can gather from the meagre reporte
it seems that a young lady" liv in
three miles fronm Rosses was assaul
ed by one Johnm Fogle, a colore
huan of about 30 years of age, wh
vas frightened away before lhe coul,
c compllishl his purpflose, leas. ing hi
icetimi in a bad condhitioni from tih
Teccts of his b)rtal lingers on lhe
'b roat.
Bllood hounds from C.hiarlestoni he
& ing to MrI. Buirtoni were sem
Sandl arrived on thme midnigh'
in. T1he trail was imi mediatel
Limn and the fiend speedily caught
Kn, after indentification by hi
pm, lhe was strung to a tree an
.ody riddled with bullets. Sue
is that takey by this crow
mVtined mien. W. S. U.
dr
GENERAL NEWS NOTES.
1 Items of More or !,ess Interest Condensed
Outside the State.
It is understood thatLordRoberts,
commander in chief of the English
army, has determined to resign on
account of ill health.
Oberlin M. Carter, ex-captain of
engineers, has completed his senl
tence in the Federal prison at Port
Leavenworth and walked out early
Saturday morning a free man.
Emperor William of Germany
has withdrawn his offer of a cup for
a trans-Atlantic yacht race in 1904,1
on account of his health, and has
r substituted for it the offer of a cup
. to be raced for in 1905.
The Cuban senate has passed a
- bill establishing a lottery as the
most popular method of raising ad
2 ditional revenue.
1 Alfred Dreyfus has been success
ful in his efforts to secure a judicial
examination of his fainous case, and
a comiission will pass upon Lhe
question of a revision of sentence.
The investigation of the official
t conduct of General Wood during
[his administration of Cuban aff irs
t still goes on in the senate commitee
yion military affairs. Some ugly
a charges have been developed.
Y A mother and two sons have been
convicted at Staunton, Va., of train
s wrecking. One son was sentenced
to hang and the mother and other
son we're sentenced to serve long
if,
I terms of imprisonment in the peni
tentiary.
W. J. Bryan was the guest of
honor on Thanksgiving night in
London at a banquet given by the
American Society in London. He
ai*1 Ambassador Choate made
r speeches and engaged in a -harp
tilt.
y
Robert J. Hale, a compositor in
the government printing office at
e Washington, committed suicide on
Thursday after killing his wife.
- The deed was the result of the
man's connection with another wo
man.
Secretary Hester's weekly cotton
statement, issued on Friday, shuwed
for the eighty-eight days of the
season that had elapsed, that the
aggregate was behind the same days
last year f30,ooo bales and ahead
of the same days year before last
t 155,000.
The Chicago grand jury has re
turned indictments against four
men, charging one with complicity
*t in five murders, anothem in connec..
tion with four murders and two
others in coinnect ion with four mur
. ders each. Of the four men indicted
ri three are mere hoys who were cap
o tured in Ind(iana on Friday at the
d Iclose of a very spectacular hunt.
" WVhile President Roosevelt was
e inI New YTork on Friday to attend
rthe funieralI of hiis uncle. Mr G racie,
although lie wa; sourround i(ed b.y
-several hiundr ed po1icceen and
tsecret service muen, A\. BI. Deming,
ta cr ank, manaIigeid to get close
y enongh to him to hand him i a letter
,'in which Deming clammed he had a
s cure for cancer and said lie wvanted
d to try it on Emperor William.
iIt is reported from Relcher, La.,
'where Robert Adger, a promilnent
lplanter and business man, was shot
down by necrros Soada nigt
that three of the negroes have been
caught and identified and lynched,
and that three other negroes will
probably be lynched.
Safe blowers in Savatnah on Sun
day morning robbed the department
store of Foye & Ekstein of $1,700.
A restaurant proprietor in Chicago
shot and killed a man because he
was short five cents in paying for
his breakfast.
SOUTH CAROLINA NEWS.
Items of More or Less Interest Condensed
In the State.
An inch of snow covered the
groudn in Aiken Friday morning.
DeWTet Blackwell, a little boy at
Donalds, was kicked inl the head by
a horse last week and perhaps fataf
ly wounded.
Henry Patrick, charged with kill
ing his wife, Has been Convicted in
Marlboro, but was recommended tc
mercy.
According to the report or the
superintendent of education, almost
20,000 more colored than whitc
children are enrolled in the public
schools of the State.
A big Confederate rally was held
in Chester last week to raise fund
to put headstones at the graves of
Confederates in Evergreen ceme
tery. More than the required
amount was raised.
W. H. Tutt, a former printer and
well-known character in Columbia
who at one ti-ne in his life drove t(
his work in a carriage, was fount
dead at his home in Columbia Sat
urday morning, frozen to death.
Miss Addie Pettigrew, daughtej
of Hon. J. E Pettigrew, of Florence
was seriously burned on Frida5
morning. She was standing ir
front of the fire when her dres!
caught. The young lady's recover
is doubtful.
The suit of Samuel W. Mitchell
of York county, against the loca
lodge W-oodmen of the World, foi
damages for injuries alleged to hav(
been inflicted during Mitchell's ini.
tiation, resulted in a verdict of 2:
ooo for the plaintiff. It was tlh
third trial of the case.
X. W. Burroughs, traveling rep.
resentative in this State for a cloth.
ing house in Lynchburg, Va., witi
headquarters at Greenwood, hla
left his family there and has depart
edl for parts unknown. Burroughn
came from Charlotte several inonthn
ago. It is said lie has written his
wife to sell their belongings and
pay his debts, which amomnt tc
about $200, and theni go to her
father's until spring, when lhe will
make other arrangements. Bur
roughs was wvell liked in Green
wvood.
Mr. Charles Aberniethlv. of Ches~
ter county, coin nit ted snicide- oi
Weani;esday night while returingi
with a ladsy in a huigny from o soc-ia
funciitioni. I Ie said to the- young~
hady w ~ithI whIien11Iih was riding11 th !al
lhe inItend(ed shuotintg himasel f, whler<
upo h)1le drew a re-vol ver from h
pocket, placed it to his templ1)e andc
fired. Before others of the party
could reachi him lhe fell fromn th<
buggy dead. He was about twent)
years old and eli thought of
D)isappointment in a love affair i:
believed to have prompted th<
and yet as it was in trasnit to one
who had the reputation of dealing
le in contraband liquor, and who
was actually engaged in that un
lawful pursuit, its seizure was law
r. ful. Under the authorities cited
-e above it is manifest this would be no
n defence if the defendant seized the
e liquor, knowing it was exempt by
t reason of being in transit from the
t. seller in North Carolina. We find,
:e however, the defendant had be
fore in the answer denied the
. liquor was in transit or that
lie had received any notice fron.
2r plaintiff to that effect. This is not
an action to recover the value of the
whiskey, but for punitive daiages
fo- seizing liquor tiot contraband
wilfully and nlaliciously. The isue
therefore is whether there was a
)S wilfil or malicious violation of the
i plaintiff's rights, an intentional ah
use of oflicial power and inaliciouis
>r purpose to oppress. lI'ven if the
i-, li<ior was exellpt, the imaterial in
quiry in a case of this kind is, whe
LIt ther the constable kiew\?,( r ought to
I. have known, it was exemupt, or was
lit he endeavoring with (ie caution to
ef honestly exercise the dities of his
as office in making the seizure. In
I- meeting this issue the fact that the
u-_plaintiff had the reputation of heing
)n a liquor dealer, and had been con
at victed of selling liquor contrary to
lit law, and that he habitually kept
>le! liquor for sale in violation of the
ed law the constable was required to
ial enforce would be a very cogent de
he fence ?
d, Those who habitually engage in
to the illicit sale of liquor are pro
be fessional criminals, and it would be
indeed singular that a constable
se charged with unlawfully, wilfully
cc and maliciously seizing the kind of
lie property with which they ply their
trade should not be allowed, after
n- denying the notice of the exemption
ed imputed to him by the plaintiff, to
cli allege and prove the reputation of
re the defendant as an illicit liquor
dealer, and the fact that Ie was
at actually engaged in selling contra
band liquor in rebuttal of the cbarge
as of wilfiul and inalicious seizure of
he excilpt liquor.
or The first exception is overruled.
he The Circuit j ldge sustained the de
it. 11111rrer interposed by defendant to
ic- the coiplailt, Ol tle gron1d that
ve it did iot state facts suFicient to
il constitute a cause of action, inl that
lie suit could not be brought against
n the defendant individually, but
an must l)e brought upon his ofbicial
n. l-ond.
- IIOWV CONSTrALE Miu:s A Y inE SUic.
y. Thle Court. gives the lawv upon0
thtis right to sue a coiistable and(
holds that thle bond the constables
give (hoes iiot maiLke the right to sue
on that bond an "'exclusive'' rem
to ed y, but that a constable ,like anuy
(n oher o flicer, mua y lbe su1ed for more
tilanu tlle amOill. of is boild , alld
Icit is left to a jury t,o deci(l. iljol
th acts liiv'oved, aliit ri'lll at ver
d' fet, if wa:rranltedl. It wVill beap
11 leei il IS>f wi\\ lla i t alle iolit.
Thanii~uiiksgivinig in Grace P'asIorate,
a patol~te, the Rev. \\ . A. lIiz,
to were largely atLtended( and the
gh orp)hansI. at Salemi, \'a. , were wvell
is.. rememinbered. G race chu rchI con -
na tributed $27 ini cash and $54-.75 ini
ta, dry goodis, etc. Mt. Tabor gave
re $6.1i6 ini cash and $x in produce.
CONSTABLES NOT OMNIPOTENT.
An Important Decision of the Supren
Court On the Right of Constables to
Seize Liquor.
Columbia Cor. News and Courie
There was an opinion of moi
than general importance filed c
Friday in the Supreme Court. Son
years ago it would have iea
vory much more than at presen
Today there is but little importan
attached to the right of importih
liquors into the State. The opii
ion, however, establishes sever
points. First, that liquor, whethi
consigned to notorious"blindtiger
or not, cannot be seized while
tranit, and that the rlght to brir
liquor into the State "for person
use" must I he protected.
The next importanit. and perhial
the most important, phase of t
decision is that Constables Can 1
suedi not only on their bond f,
$500, but as is ndividuals, for pt
tive damages.
The cas which brought a1ho
the deci.,ion was heard in Gree
ville, where Galvin Smith brong
an action against former Chi
Constable Lafar. 1he case w
there thrown out of Court by sr
taining the demurier, but the S
preme Court reverses the decisii
of the Circuit Court and holds th
the case is all right and that a si
could be brought against Constal
Lafar as an individual, and ie
not be brought against his offic
bond, as damages greater than t
bond of $500 might be recoverc
as it was a matter for the jury
decide and that the facts are to
presented to a jury.
The excellent opinion in the ci
was prepared by Associate Justi
Woods and is concurred in by t
entire Supreme Court.
It is not necessary to give the c
tire opinion, but a few disconnect
extracts from the opinion, whi
do not do justice to the paper, i
given.
The Opinion irules, inter alia, tl
it is the duty of dispensary ec
stables to seize contraband liquor
directed by the statute laws of t
State. If, however, they seize liquI
not contraband they go beyond t
law and violate individual rigl
If this is done wilfully 111d m11al
iously they are liable for puniti
damages. Liquor purchased
another State and shipped to t
'purcihaser ill thlis State is not cc
t raband, b)ei ng p)rotectedi as
articie of Inter-State commerce ui
til it is delivered to the putrchlasI
Rhlodes vs Iowa; State vs Hiollec
Imani.
IEVF.N 11LI1ND TIIGlRRS IIA\'t Soa
R I GlITs.
The fact that tihe plurchlaser
wh'lom it is conmsignIed is enlgagedl
tile iibicit sale of liquor and pi
chauses it for thle pu1rposeC of rest
call make1 1no difTerenlce. Thei in~i
1s none( the less 811 arl ie of inii
S-tate connnIlerlej and( L1annot0 he(
galfly '-e'zed 1 ti il it IS dei L te
talking1' this hlslang uago the au1su
alone(. wVithou0t conneeL~togh it wI
whlat h1ad bleenl alreadly sidc
he( answ5~ er, it wold( not be
defence, for it wold amIounIt
notin g mlore thlan sayinlg, althlou
the l iqujor mligh.t have b)een ini tral
lit from the seller in North Caroli
1to tile puIrchlaser in SouthI Carolir
neami there fore exempt from selzu