The herald and news. [volume], February 16, 1909, Page THREE, Image 3

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

Image provided by: University of South Carolina; Columbia, SC

                
HYDRICK ON SUPREME BENCH.
Associate*justice Deadlock Rroken on
39th Ballot-Ex-Governor Shep
pard Withdraws.
Co111 .lmi.s ebu a
th V .-i balo I'~
Jones to 1, iJ i e. It h:z- -een
a long and most interestiinz cont**est.
but. at. .n( thie liad the-re been bitter
ness or ill feeling, and Judge Hy
drick's election could have been made
unanimous but for the. rule prolibit
ing changes in the ballo-.
Judge Hydriek i: a youngi man of
saperor abilitv and will make a m:
compe,tent and aeecptable m)envhr of
the supreme court bench. T.s caml
paign for the high honor was eon
daeted witih conspieuous ability by his
nephew, Mr. A. J. Hydriek. Jr., a
member of t1re house from Orange
burg, Judge Hyd.riek's native county,
and Senator Carlisle, of Spairtanburg,
together with others of his friends.
After the firit: ballot tonig-ht. Mr.
Weston. of Columbia, witb(rew z he
name of Mr. John C. Sheppard. and
on the part of Governor Sheppard
thanked itie members for t.heir loyal
ty,- eulogized Mr. Sheppard fo'r his
loyalty and patriotism as a true South
Carolinian, and as such lie wished to
withdraw his name from fthe contest.
On the previous ballot, Mr. Hydrick
had received 75 votes, 81 being neces
saxy to eleot. With the withdrawal
of the name of Governor Sheppard it
was no longer a question as to the re
sult, as Dhe members. were anxous to
close the elecitions and proeeed 'with
obher business. On the final ballot
- 160 votes were cast. Eighty-one were
necessary to elect, and of these Mr.
Hydrick received 103 and Mr. T. P.
Cothmn received 57 votes, practical
ly the same vote that he had all dur
ing the contest.
Upon the annoaneement of the vote,
Judge HydTiek was declared elected
to fill out the unexpired .term of the
Hon. Ira B. Jones, and Mr. Hydriek
-ais take this seat on the supreme
emt ben&h April 1.
Vote on ial Ballot.
The follows is the vote on the final
anid dec.iding ballot:
For Hydriek-Senators Bass, Bates,
Carlisle, Oarpencter, Clifton. Crosson,
Earle, Forrest, GJriffin, Harvey,
Hough, Johnson, Kelley, Laney, Lide,
NeCown, Otts, Raiinsford, Rogers,
Smith, Spivey, Stewart. Summers,
Townsend, Walker, Waller, Weston,
Wiliiams, Wharton. Representatives
Amick. Aye'r, Bodie, Bowman. Briee,1
Brown, F. M. Brya.u, W. D. Bt yan.
Bne'h, Cantrell, Oarter, Coker, Dick,
Dingle. Dixon, Isaac Edwards, FM: er.
Fultz, Garris, Gasque, J. P. Gibson.
W. J. Gibson. Glasseoek,. Grahlam,
* reen, Hall, Harmon, Hines. Hollis.
Horger, Hughes, Hydriek, Irby,I
Jakgon, Kibler, Lawson. Lee. Le
and, ILengneck, McColl. McEaearn.,
MMia.an, Mobley, Moseley. Nesbitt,
Niver, N'unnery, Piaallin., Richard
-son, Ridgell, W. L. Riley, Robertson,
Roessler, D. C. Sainders. 0. K. San
ders, Sawyer, Seibels, Shuler. Single
ton, C. A. Smith, M. L. Smith, Spears,
Stanley. Stubbs, J. D. Sullivan. Sny
dam, Way, Wiggins. Williams. 0. D.
A. Wilson, W. B. Wilson, Wright.
Wche..
For Coth'nan--SenatorS Appelt,
Black, Christensen, Croft. Giarydon.
Hard'i, Johnston. Mauldin. MeKeith
an, Mrontgomery, Muekenifuss; Sink
ler, Sullivan. Representatives,
Speaker Whaley, Ashley, Ashley.
Berg, Bowers, Boyd, Browning. Carey.
Carrian, Car,wile, Celey, Clary. Cos
grova. Daniel, Dcar, Duvall1. E. C. Ed
wards, Fraser, Greer, Gxiitlin. Hamer.
Harris, Harriso-n, Harrisotn. Lane,
League, Man, Maras, Ma.uldin, Nichol
son, Patterson. Ru-eker, Searboirough.
;Simkins, K. P. Smith, P. P. Sullivan.
Tobias, Todd, Utsey, VanderHorst,
Wade, Wells, Whatley, Wingo.
The Changes.
On the first ballot tonight theC
changes were: Senator Otts changed
to Hydriek from Cothran; Mr. John
stone ehanged from Cot hran to Shep
pard; Senator Kelley voted for Coth
ran; Senator Sul-livean went from
Cothran to Hydrick: Mr. Williams
.hanged from Sheppard to Hydrick;
Mr. Duvall charnged from Cothr~an to
Sheppard: Mr. Gasque from Cot hran
'to Hydrick; Mr. Irby went from
Shppars to Hydriek; Mr. Lante went
from Cothran to Hydrick; Mr. La-w
son went from Hydriek to Sheppard;
Mr. Paulling went from Cothran to
Hydik; Mr. Richardson went .to
Sheppard from Hy'driek; Mr. C. A.
Smi"h rated for Hydrick; Mr. Utsey
changed from Cothran to Sheppard;
Mr. 0. D. A. Wils.on changed from
Sheppard 'to Hydriek.
t will be noted that a great many
f the votes east 'for Judge Hydriek
emained with him from the first to
he last, notably those of his htome
onty, Orangeburg 'and Sparta.nburg.
There has .not yet been any 'resolu
lionae reiHve to 'the election
10, lrel Jud:C:. Tiat will be held
!:xr ill e Ieiill. Such a resolli
S,ne i: iiti w li. will e Sin a hu-e
1T\\ I"e l n i I 1,r. -1 -
S('as'. saiello for *' uyl u)
$es.sion resul'ed as f,,llows:
The Ballots.
Fir--:. Second. Tlhi.rd.
.L P. Cothran. .4S 47 47
1). E. H y driek . . . .":3 68 71
J. c. isheppard ....- 4 .3
>ee rt :l eleet..81 81 81
Sketch of His Life.
Tll:e followin '-, skahIol of Judge Hy
drick appears In "Men CIf Mark in
Sut:I Carolina:'
.Daniel Edward Hvdriek was born
Aua.t. 6. 1860. in Orangeburr.
South Carolina. He was the son o'
Jacob H. Hydriek and Margaret Hil
debrand Hvdrick. His father was a
4?-rner. a m111anl of marked- character,
i:e. fr hi1n":'Itv. t,ltuihfulness and
*v"aclity of putp)Se. His mo:hr.i
wno was pmzsessed of mo- than ordi
nary intelleetual attainments, devot
ed herself to t,he education and moral
trainiig of her children. To her in
fluence, and to the inspiration deriv
ed from !h1er thigh ideals of life and
character, more -than ;to anything else,
Daniel Hydrick attiributes wihat meas
ure of ;sucoess he 'has achieved.
"Daniel Hydrick 's maternal
grandfatfher was Jacob Hildebrand,
whose wife was Jeu-ima Leonard. His
paternal grandmother was -an Evans.
"Daniel Hydrick's early life was
unevenful but pleasant. He enjoyed
good 'health, [was fond of reading, but
never took much interest in boyish or
outdoor sports. His youth was pass
ed in tihe coun:try on 'his fathar's
farm. He did all sorts of farm work,
ad was a clerk in a grocery store,
and later in a drag store, -.eeking al
ways %to do as well as he could what
ere he undertook.
"Daniel Hydrick's opportunities
for schooling were meagre, the terms
being short and irnegular, but he was
determined ;to obtain a collegiate edu
calion, and so made the .most of the
imited opportunities afforded by
these sc'hools. He attemnded Ca.pt.
HInh S. Thompson's C'olombia Male
cademy aibout one-half sassion. In
ctober, 1876. 'when sixteen years of
'e, he entered tihe preparatory de
>ament of Wofford college at Spar-,
tanhurig, South Carolina.
"Ear:ly~ in the 5pring :af tuhe next
er he went home on account of his
other 's last siekness. He kept up
1i3 studiies 'at 'home. howeve-r, without
the 'aid of, a teachber; re.turned to
offord in ;the fall of 1877 and enter
d the freshmian class. In Wofford
e continued until rhe completion of
e junior year. when he was award-I
d the .me.dal offered by t'he Ak.ummi
association for the highest prof.iciency
in general scholarship. Leaving Wof
ford Daniel Hydriek went to Vanider
itt U.niversisty, N'ashville, Tennessee,
nd pursned a .elassieale and literary
ourse. At the end of his first year
a was given a scholarship for profi
ienv in Greek. He was graduated
n ay, 1882, 'wiuh the Degree of A..
. He took with him, also, certifi
cates s'howing -thiat 'he lacked but tw'o
branehes of having completed the
muse leading 'to the Degree of A. M.
e was offered a post-rac1'.aIte fel
ow.iip in department of English
an .:a:e and lite.rature. but declined
"The studies which have done most
for Mr. Dydrie.k are tihe elassies, Eng
1i' lngua.:2, literature and 'hist.ory.I
The masterpieces of thought and ex
pressioni are. in is judgment, of ines
Mm:ble valne. 'and a;t the head of the
t 'he unhesitatingly places tihe Bible
nd Shiskespeare. The influences of
Ui inother, private study, schools,
.itact with men, and early compan
nip m.ay be noted ,as the forces
r:ie -have most affected 'his life.
"In October, 1882, he aeeepted the
principalship of the Darlington Male
aademy, . wherie !he tatught for 'th.ree
years. At tihe end of this time he gave
up the sehool, studied law an'd in 1886,
at the spring term of tihe supreme,
eourt w'as admitt:ed to the Bar. He
praied in Spartanburg until elected
circuit judge. For about eight years
he practiced wi{'h Capt. John W. Car
lisle, as Carlisle & Hydriek. From
1894 until 1895 'he pnacticed at Unio.n,
S. C., with J. A. Sawyer, a:; Hydrick
& Sawyer, and from the fall of 1893
to January, 1900, :h'e pra-cr.ieed with
'the Hon. Stanya-rne Wilson at Spar
tanburg, S. C., a~s Hydviek & Wilson.
From 1895 to 1900 Mr. Hydrick serv
ed as county attorney. In 1S97 he wvas
elected .to fill tihe unexpired term in
the South Carolina House of Rep res-I
ent:a.tives: -in 1898 .he was reelee.ted for
a fall iterm; in 1900 he .was elected
State senator, a.nd in 1904 was re
elected.
"As a n able, shnlarly and con
slnous lawyer Mr. H1ydriek won a
- In l ille ar i11(I1
io,ihiaimiderv. 3f. hiiiis Ivn1n5
phiflr. He is a Whienber of Oisir T,inn
p, ob the -Nobles (t the Alythic
Shr-ne inbe i s Aso a neniber f
Kappa Alpha Fraternity at Wufford
colege.
Judg1-e HydIriek is a life-loni2 Do-'
m1m-rat and(1a a member 'f the Meti
Mdi4t EpIisVeoal Crch. So-uth. He
enjoys horzeback ridiii and is found
of bir,d shoo-ting, but ie has not devot
ed much time to ouirdoor sports. Upon
eveiry young American lhe would im
press the conviction 'that there is no
'royal road to saeeess, and tihe neces
sitV .f being Ihonest. sober and indus
trious. These virtues, ,he believes.
coupled with even a mioderate degree
of ability. wit:h hig ideals. of the
(1uties antid respon-sibilitie.s of life. and
a tenacioui. purpose -to do something
worth while, will not only insure suc
eess, bit peace. 'happiness and wealth,
"On Oetober 24, 1882, Judge Hy
drick married Rosa Lee, daughter of
Major John A. Lee, of Spartanburg.
Four -children have been born of this
maTriage, two girls and itwo boys.
JONES DENIED NEW TRIAL.
Vudge Memminger Holds that His
Conviction Was Regular and
Gives Him Life Sentence.
Union, February 12.-Jndge Mem
minger, alt 4.30 o'clock this afternoon,
refused the motion for a new .trial in
the ease of the State vs. W. T. Jones,
and sentenced Jones to the peniten
tiary for life.
The judge 's decision came after -he,
had listened for hours .to an elabor
ate, foreeful and eloquent argument
from Cgl. George John&tone, of New
berry, of counsel fo(r -thie defendant.
The motion was taken up about 10.,'0
o'clock .bh,.s morning, civil busines
being temporarily adjourned for that
prpose 'and from 'that 'hour till 4.30)
this afternoon 'with ithe exception of
an hour's recess for dinner, Col. John
stone pleaded for :a new trial for his
lient, basing 'his -argument on objec
ions to ..the form of the indietment,
alleged errors of 'the judge in his rul
ings on testimony and ceharge to the
jury. and upon01 alida,vies from several
parties who swore that several of .the
ju'rors, before they were drawn on t-he
inry, had expressed opinionls hiostile
to the defendan.t. At the conclusion
f Mr. JohnLstone's address, the judge,
in a few words, stated that 'le was
sarisfied .that :the defendant had had
a fair t.rial; that the jurars were nhon
est and im'pai.ial in their verdiet ;
that 'no error of law prejudicial to the
defendant had been committed, and
that, therefore, he could na:t gra'nt a
new t.rial.
When Jones was called upon and
asked what he had to say, whyv sen
tence should not be passed upon him,
he replied, "Notshing, except I am ini
noent.'' Judge Memminger then, in
a brief address, ad1monished Jones to
ive u'p all hope of a newv trial and to
turn .to the consolations of Ireligion
and to so conduct himself that from
another source .more merciful treat
menit mighit be extended to 'him. Fol
lowing these remarks, the sentence of
the law was p)ronnunced, and .Jones
was remandedc ito jail. Thus ends for
the :present, at least, one of the most
notable cases in the history of juris
pruidenc~e in this State. T;ha't Jon'es
will fight to the bitter end he has al
i'ad'v announced.
"DIXIE."
It is Not Impossible that it will Be
come the National Anthem.
Wahington Times.
"Dixie'" is one of 'the tunes thbis
newspaper likes. It is 'a tune you can
pat time to. From St. Ignace to New
Orlea'ns the whole country cheers It
North as well a~s Soutth, Brahmin New
England and slab-sided Rawhide
alike. Moreover, it is :not alt all im
possible .that "Dixie" is :t'o be the
rel national anthem.
This latest controvers,y has given
the air new life. Nobody knows just
what it was that declared tihe song
treasonable. . Soatier'n niewspapers
say it was Chi'cag. Chicago says it
doesn' t know angthing about it. But
the charge got into print, somebody
resrrected -an a-necdote showing that
Lincoln liked to he~ar it, evory theatire
orhestra in the country is awakening
audiences to applaud with it, ('no mat
ter whetlher the p'la.y being acted does
or not,) and the outlook is tihalt it wi-ll
divide next Friday 's observances with
the gr"eat Liberator himself. After
tha. "Dixin .uill hae the right of
WaIY an1d an open track.
Fril aI '11:tiide of r re.-:1rd f1r
11, t
g'e!& - |?i';!st'l w lll si llish1 -
x iS o cIal in It w be
lon'.rsm 11!b' 1ol . .\s lhe N01111
;,t { 1 el ng: lv 11 ( le e>I
1r. v IIIl not11 i. t.lhe whole oc it. Let's
.inm,- Dixie' with all our hearts, but
don't let'. forg "The Star Span
lt'll. Bil:ln ir.
' Inference.
(levelaid ILeader.
"What became of that rieli uncle
- Liiik lie', dead, butr I dol t
kllow.
'Gee! How did lie lose all -his mon
STATE 4F SOUTH CAROLINA,
COUNTY OF NEWBERRY.
COURT OF COMDION PLEAS.
D. W. Alderman & Sons Company,
Plaintiff,
agamua~t
Carrie K. Gruber, Defendant.
By virtue of an order of the court
herein, I will sell before the court
house at Newberry, within the legal
hours of sale, to the highest bidder,
at public outcry, on sal,eday in March,
1909, the same being the 1st day of
said month, all that lot of land near
the town of Newberry, in the county
of Newberry, and the State of South
Carolina, fronting seventy-five (75)
feet on the road leading from New
berry to Prosperity, and running back
therefrom one hundred and fifty
(150) feet, with the same width, the
same being the lot conveyed to Carrie
K. Gruber by Antine Buzhardt by
deed recorded in the clerk's office at
Newberry, S. C., in D eed Book 16, at
page 100.
-Terms of sale: One-half the pur
chase money to be paid in cash, the
balance on a credit of twelve months,
with interest at the rate of eight per
cent per annum from the day of sale,
to be secu-red by the bond of the pur
chaser and a mortgage of the premis
es sold, purchaser to pay for papers
and for recording same, with leave to
the purchaser to pay ell in cash. And
if the purchaser does not comply with
the terms of sale within five days
after sale tAie premises will be -re
sold on the saleday following at the
risk of the former purehaser.
H. H. Rikard,
Master.
Miaster's Office, Newberry, S. C.,
.Feb. 3, 1909.
'Twas a Glorious Remedy.
There's rejoicing in Fedora, Tenn.
A man's life has been saved, and now
Dr. King's New Discovery is the talk
of the town for curing C. V. Pepper
of deadly lung h-emorrhages. "I
could not work nor get about,'' he
writes,-"-all the doctors did me no
good, but, after using Dr. King's New
Discovery three weeks, I feel like a
new man, and can do good work
agan..'' For weak, sore or diseased
lungs, Coughs and Colds, Hemorrhag
es, Hay Fever, LaGirippe, Asthma
or any Bronchial affection it stands
unrivaled. Price 50c. and $1.00. Trial
bottle free. Sold and guaranteed by
W. E. Peihanm & Son, Newberry, S. C.'
Excursion Rates to Washington, D. C.,
Presidential Inauguration
March 4th.
The Seaboard Air Line announces
very low excursion rates from all sta
tionis on their line t6 Washington, D.
C., and return account inauguration'
of President-elect Taft.
These excursion .tickets will be on
sale from February 28th to March
3rd inclusive; god to return leaving
Washington not later than March 8th.
The excursion rate from Columbia
will be $13.03 correspondingly low
rates from other stations.
A personally conducted trip at this
time is also being arranged covering
all expenses, including railroad fares,
sleeping car berths, meals enroute,
sight-seeeing automobile trips, seats
on the reviewing stand and hotel ac
ommodations at Washington at an ex
tremely low rate; full information
can be secured by addressing Mr. J.
D. Hardin, P. 0. Box 77, Savannah,
Undoubtedly .the inauguration cere
monies which are most spectacular
and brilliant, the popularity of Presi
dent-elect Taft throughout the South
and the attractiveness of a visit to
Washington at this season will offer
unusual inducements to large numbers
to attend, therefore secure sleeping
car reservations and make your ar
rangeents in advance.
Full information cheerfully fur
nished by applying to nearest Sea
board Agent, or write J. S. Etchber-J
ger, Tray. Pass. Agent Seaboard, Co
umba, S. C.
'THE NEW SUN TYPEWRITER No.2
IS the result of nearly twenty yea.s' experi
S::,-, andi contais all the advantages a:id( re
0:1rhOe <Iualities of the earlier SUN type
w vri trs, tte addition of :iarkcd improve
m-::2 I a:nl vaiable features so combini,ed in the
:mW mahn1e aS to make it the latest develop
e'Itin theart and a STANDAR1) writing
mI ch is c1onfideitly oliere(d to meet
every d n of t %pewriter users. a- well as
any one needing a typewritig machine,
whether novice or adept.
It is a type-lever or type-bA~r machine. it has the universal keyboardl Of 27 kevs
It has visible writing in its truest form. and writes altogether 8 characters.
It has unlimited speed. i t takes in paper 9 inches and writes a
It has an anti-ribbon inking mechanism. lie7 inh.
It is a heavy manifolder. i
THE PRICE IS $40-00
G. L. R B I N S C N, A g4e n t
Let me Show you this Machine, it will Cost You Nothing.
Why Pay Rent?
When you can own your own home
with payments less than rent. We will
buy, build or lift mortgages anywhere.
in the Union, and give you ten and a
half years to pay up the loan, CHARCING ODLY
- 5 0
SIMPLE INTEREST.
The Standard Home Company,
STEPHENS & SINGLETARY, State lanagers,
304 Skyscraper, Columbia, S. C.
Fill in this Coupon and mail to us. Do it today:
Name .. . . . . . ...
Ewart=Perry
STILL ALIVE r
* AND IN BUSINESS
THEY WIL CONTINUE TOl SELL
All Winter Clothing and
Heavy Shoes AT COST
COME TO US
When in need of anything in
Clothing, Shoes, H ats, Shirts, Etc.
We Will Save You Money.
Thanking the generous public for
their past patronage, we respect
fully ask a continuance of same,
promising to give in return a fair
and square deal to all.
Ewart =Perry
Company