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The herald and news. (Newberry S.C.) 1903-1937, February 08, 1916, Image 5

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Inquest Over I
of Mr, Dai
A coroner's jury on Friday night, af
ter hearing the testimony of six eyewitness
and the attending surgeon,
rendered a verdist to the effect that
David Langford came to .his death froir
a gunshot wound at the hands of 1. 0
Burton on Saturday afternoon, Janu
ary 29.
The inquest was held in the court
house, beginning at 8 o'clock p. m.
being postponed until that hour sc
that Solicitor R. A. Cooper could be
present at the examination of the witnesses,
j The following gentlemen comprised
the jury: nV. McSwain, M. 0. Summer.
J T. Mayes, J. H. Caldwell, W
O. Wilson and l-Vi. "C. Clary.
TVr TsmPff K H-ildAr nrft^ftnted th
|H| Cc1 lowing certificate to the imme^
oiate cause of Mr. Langford's death:
"This is to certify that Mr. David
^ Longford -died from the effects of a
; guns-hot wound in the abdomen, th.;
ball entering on the left side, below
the ribs, cutting the pancreas, the interne
and ranging back toward th^
spinal column.
(Signed) "James K. Gilder, M. D.
"Feby 4th, 1916."
Five of the six witnesses testified
under oath that they saw no blow delivered
by .Mr. Langford, nor did they
see a threatening movement, or an at
I tempt to draw a weapon maae oy nun.
One witness, however, Mr. J. G. Smith,
said he saw Mr. Langford deliver a
staggering blow into Burton's face and
then place his hand on his hip pocket
:n the manner of grasping a weapon.
Mr. Smith is also the only one of the
^-en men who were in close proximity
to the principals who heard Mr.
P-urion say to Mr. Lang-ford, "You had
? i- i.
better not draw your gun.'' in iaci,
' Mr. E. L. Hayes said he saw Mr. Smith
coning down the street at the time of
the shooting and that, although h
(Mr. Hayes) was near Langford ana
Btirton, with no obstruction between
fiim and them, he heard Burton make
no such statement -as testified to by
Mr. Smith.
(The Testimony.
The first witness sworn was Mr.
NejJ-y Long, who saw I. 0. Burton shoo!
David Langford. He saw somebody
$ 84 his hand on Burton and tell him
rD&t to shoot again. He saw the two
:m?Q standing on the edge of the sidewalk
talking, apparently not fussing at
afi. Mr. Langford did not do anything
t&at he saw before Mr. Burton shot
fciBo. He did not have anything in his
carat* nor did he have hold of Burton.
Aiter Barton shot Langford he held
fc1s gnn like he was going' to shoo:
again. Mr. Long did not hear Mr
iAngford say anything after he was
shot. There were a good many people
o? the 6treet at the time.
I. V. Bledsoe, who was working at
Ja&e L-urey's store, almost in front of
>vihich the shooting occurred, testified
tfeat between 4:30 and 5 o'clock or
Saturday afternoon, the 291'n, he no
ftked Mr. Burton get cut 01 a -ous^y iu
front the store and in a minute or
two afterward Burton and Lang-ford
aaaet in front of Mimnaugh's store. Burto?
Pepped back off the sidewalk, drew
*a pistol and shot Dave Langford. Mr
Lengford staggered 'back toward fM5maarogh's
store, seemingly recovered
and started to walk up the street, when
lWtfm said, with an oath, "If you
" haven't got enough 111 give you another
one." Someone said, "Don't
siboot again!" to Burton, as 'ne was
apparently going to fire another shot.
Jtost after the shotting Mr. Smith
Longford and Mr. Long were supporting
Pave Langford, and Mr. Smith
Landlord asked, "Have you got your
> j>i5tol with you?" Mr. David Langford
L did not reply, "though," tlie witness
^ tiaid, "if Dave Langford had any pistol
I never saw any attempt to pull it
find I was standing within 10 or 15
* " T? +<->. a mifvcHrvr
s&eps 01 xnein. m w ?.
"by 'Solicitor Cooper, t'ne witness saic"
Iifcat when Burton stepped back Langford
turned his left side toward Burno?,
but made no attempt to follow 01
naove toward him. They were within
reach of one another when the shot
was fired.
J. G. Smith who, in reply to questions
by Solicitor Cooper, staled thai
utile he only knew Mr. L*a.n gford bj
eright, he had been a friend of Mr. Bur
/vQmo + A \TPW'
I luii ts aiii-cy iic v ^ w? -. - - berry
something more than three
ivears a2:0. an:! has visited Mr. Burtor
w-t the jail and talked over iho shootins
with him. t->t:fied substantially as folThat
cn Saturday afternoon. January
29th. he saw Burton and Langford
standing in front of Mimnaugh's store,
both holdir.e on to an iron awning post,
each with his left hand on the post
Langford on the sidewalk and Burto:
tri the street. When the witness walke'
up he heard Langford. with an oath
say to Burton. "You are <a liar," at th<
?*ame time striking: Burton a blow ii
the face with his fist.
- M- Srji;h seid, "Ira staggered bac>
rid A. Lang ford
i and looked straight at Mr. Langford.
' Mr. Langford turned, with, left hand
; so (across abdomen; and threw his
ricrnt hon/i ,+n >1 :c Viin lin manner
:! of grasping weapon in hip pocket), and
. ; Burton pulled his pistol and shot Lung.
| ford, with his pistol held so (at hip).
i \Vh.en /Jttir. Burton sbot Mr. Langford,
| Burton said, 'You had better not draw
: your gun.' I hollered at Ira and waved
, at him not to shoot any more. Mr.
? Langford turned his nead while I was
! talking to Mr. Burton and looked at
me, still keeping his hand on his hip.
He then moved a few steps toward
1 Mimnaugh's store, and Burton put bis
j pistol in his pocket and said no man
' oniiM rn 11 him a liar and hit him in
the face and think he would not do him
' anything."
The witness said after Mr. Langford
was shot "two men came to the corner
1 of Mimnaugh's store and got him."
i Replying to Solicitor Cooper, Mr.
| Smith said he did not hear Mr. Burton
say anything before the shooting; that
lie knew Burton well for a little over
three years, ever since coming to Newberry
and had been to see him at the
j J (ill Since tut? &UL\) dug, ClllVl uau Miiuvu
I with him about the shooting. He
j knew Mr. Langford when he saw him.
[ W. Hilliard Long, called at the re1
quest of Juror W. A. McSwain, said
i that he saw the snooting, but heard
I no talk between the principals. "As
soon as Burton shot him I begged him
not to shoot any more, and as soon
as Burton turned away I stepped over
i tr> Da va Lansrford and held him up un
, til Mr. Smith Lang-ford came up and
took hold of him."
Mr. Long did not hear either Mr.
Burton or Mr. Langford say anything
, after the shooting. He -said Mr. LangL
ford had his left side toward h:> assail:
ant when shot and stepped back but
> did not seem to stagger much. He
, saw the pistol in Burton's hand and
saw him fire at I^angford and stated
positively that t'ne latter made no attempt
to draw a pistol.
E. L. Hayes testified that he was in
front of frflayes' drug store when he
first saw Burton on the day of the
j shooting and walked up toward Mim
naiign.'s store 10 just oeiiimx ounuu,
who was holding to an awning pos-t
1 in front cf the store 'with 'nis ieft hand.
He did not hear any words pass between
the two men, but "saw Burton
pull his gun and stick it right in Daire'
Langford'9 stomach and fire."
"Dave had his right band hanging
down and his left to his side," said Mr..
Hayes. "I did not see Langford strike
p-n rirm " T ATLsrfVvrrl at t'iifi time
the shot was fired. I am not Irin to
k either party. Langford turned to the
left as Burton pulled his pistol a second
; The witness stated that after shoot[
ing Langford Burton several times rei
peated that "he didn't allow no G
. i d man to hit him in the face and
, call him a liar." He says Burton 'kept
- his pistol pointed at Langford and that
[ he and Mr. Smith begged Burton not
. to shoot any more. "The gun was in
' a few inches of Langford's body at the
. time he was shot," said Mr. Hayes, who
. stated that he was not more than 10
[ or 12 feet distant from them.
"Mr. Smith was coming down t'ne
i street at the time of the shooting. I
did not hear Mr. Burton say, 'You had
; better not draw your gun,' as testified
; by Mr. Smith," was the witness's con.
eluding statement.
l R. F. Mills, who was standing in the
door of a shoe store next door to the
l Busy Bee cafe at the time of the s'noot
ing, saw Mr. Burton and Mr. Langford
I standing in tne relative positions as
> described by the otter witnesses. Mr.
Langford had his right hand hanging
. at his side and was holding his coat
! with his left, when Burton pulled his
i pistol and put it almost against Langl
ford's left arm?about lf> or 20 inches
?and fired, said IMr. Mills in descri
ing the occurrence. "At the gun-fire
Langfcrd turned around with his back
: to Burton, who then said, 'I'll shoot
; any damn man who calls me a liar
and slaps my face.' Burton drew his
. pistol a second time and pointed it at
t Langford again, but somebody pre'
ivented 'nim from shooting. He turned
. and went in the direction of Mayes'
. drug store." "I did not see Mr. Lang;
| ford draw or attempt to draw a weai
j pon. I saw them a short while before
; ' the shooting, but did not see Langford
. rtrike Burton/' stated Mr. M'ils.
At the conclusion of the testimony,
boeri:: iiense. at me request or tut.'
[ coroner asked if there was anyone in
, the audience who knew anyt'ning that
, would throw any light on the affair or
the cause leading up to the shooting,
i; or who desired to have any further
I; questions ask^d any of the witnesses
, | who had "been examined, so that any5
thing further might be 'brought out.
i, There was no response and the jury
| retired, fnding the verdict as above
: ; stated in a few minutes.
| Heavy Litigation Handled Successfully
Without Assistance?'Work
*?? ^ j
(By Jno. K. An 11.)
Special to The Herald and News.
Columbia, Feb. 7.?The annual re
port of Attorney General Peeples' of!
fice, covering the year 191o, shows a J
i fine record of important work ably j
| handled. '.The report in the outset j
takes up in direct manner the business'
j of the office, referring briefly to the 1
i reappointment of Col. Fred. H. Domi- J
i nick as assistant attorney general and
- - - I
j Miss Hal lie Armstrong as stenog;
i The first matter called attention lo
i is the recommendation in the previous
: report, to the general assembly, as to
! violation of the monopoly -laws, and
in this connection is quoted a 'letter
' to Governor-elect Richard I. Manning,
under date of January 9, 1915, calling
I 'lis attention to the statutes on the
; subject, and asking him to recommend
that certain charnges be made in order
to enable the attorney general's officc
l to be of service to the people of the
jsta'o in this regard, and that funds be
| provided to carry on the work, -withI
out which the office would be helpless,
i The letter to the governor-ekct also
Id- it with other conditions confrontj
ii ~ the office, a::d a^ked the co-operajtjnn
of the go.ern.cr in these respects.
The letter ciosed "with a sense of my
cu:y towards you as the legal adviser
of the officers of the state and the -head
oi the department of justice of such.
Si,'-;te, and as that head to serve you
the chief executive officer of the
The report says: "No action was
taken by the general assembly upon
those suggestions and I lave conseq
ently felt that my office was not under
obligations to undertake these
j matter*, all of my recommendations in
| regard to same having been ignored."'
i wiwiiiV.n Djirinc t.hfi Tear.
The office has an unexcelled record
j in litigation. Of a very large number
j 6; cases handled in the United States
supreme court, other United States
courts of appeal, and in the supreme
acrf circuit tribunals in the state not
a single case was l*st. On the criminal
and civil sides of the courts the
cases were of vital importance. In
I regard to this litigation, the attorney
| general says:
"The litigation hand-led by this office
during the past year has been extremely
and unusually heavy. I am
glad to report, however, that all of the
litigation has, without exception, -been
handled by the attorney general's offflce
without the employment of associates
or assistant counsel in a single
case, and without the expenditure of a
single dollar from the public treasury
vn payment of counsel fees. I might
further add in this connection, as will
be shown by a perusal of this report,
that the state has been successful in
all the litigation which has been handled
by the attorney general's office
during the past year."
The various, cases are set out in
* * '
Of course, as the report states, "the
most important service that is rendered
by the attorney general's office
is by way of counsel and advice in
connection with the work of the various
deDartments of the state govern
j ment. an-d as tas been the case during
j my term as attorney general, also with
| various county officers throughout the
j state. In this way many matters are
! handled of the utmost importance that
, never come before the courts at all. I
Uonceive it to be my duty, an-d have
| always endeavored, if possible, to keep
! the state out of litigation, if it can ;be
done without injury to the public service,
for in that way, in my opinion, the
interests of the government are more
| properly served."
Important Cases Now Pending.
J In addition to the litigation set out
1 in the Teport, a number of suits have
j been filed and placed in the office for
attention since the first day of Janu
nary, 1916, for recovery of taxes paid
; under protest. All of these tax cases
involve the constitutionality of the tax
j commission act and the present system
j of taxation in South Carolina.
i The more important litigation pend'
nig, brought over from the year 1915,
, ncludej. the bank tax cases against
j 'he tax commission, now on appeal in
the supreme court of the United
States; the city of Augusta case
against the officers of Edgefield county,
. which is now on appeal in the circuit
court of appeal? at Richmond; the rail,
road tax license cases, involving' the
constitutionality of the corporation
license statutes, ponding in the court of
; common pleas for Richland county, the
amount involved in the last mentioned
cases being about $50,000 per year if
, the contention of the state is upheld.
! Tn addition tho this litigation, the
fhouse has passed a bill to permit a
j suit to be brought against ;he state
| 1/ John M. Graham on account of his
j hosiery mill contract.
i Tile report will show 239 opinions
j reiidfcieu by the office during the year
i 1915. ilhese are the more important
opinions only, considered of sufficient
moment to be made a permanent record
in the report, and are in addition
to the numerous consultations held and
advice and suggestions given to the
frarious state officers, county officers
and omers, personally, by long distance
telephone and telegrams, none
of which, of course, appear in the
re pert.
She average expenditure for expense
of litigation during Attorney General
| Peeples' three years administration of
the office has amounted to $1,949.32 per
annum. The appropriation for expense
I of litigation includes payment for
j dockets and blanks for the solicitors
and also their expenses incurred on
official business outside of their circuits,
or when acting in the place of
solicitors who are ill or disqualified,
j and the printing of all cases and briefs
j for the state and the solicitors in apI
peal cases.
It will be recalled that the approj
priation bill, as reported to the 'nouse
; by the ways and me-ans committee, cut
; down the appropriation for expense of
j litigation from $3,000 to $1,200, but
| when a statement was given out by
'' 1:o n'torney general's- office showing
i irow impossible it would be to protect
; the interests of the state with this apj
propriation, the committee held another
meeting and amended tue bill on
pic-sage .n ilie nouse, making it
& O AAA A?<i ? ** *? frnrAcfiAn fOn ?vf
*0 UW, VY lliiVUl clllj lull v?fort
was made in the house to increase
the salary of Mr. Dominick, the able
assistant attorney general, to $1,900
per year, and failed by a close margin.
It was a very high compliment which
the house paid Mr. Dominick, coming
in me way it did. The member, Mr.
Harris, who proposed the increase,
stated that he had never stood with
I. ?*. Dominick in politics, and didn't
suppose he ever would, but that he
could forget politics in considering JVLr.
Dominick's services to the state.
v Taken all in all, it is a very fine
showing which has been made by trie
attorney generals office for ihe year
Compliment Paid Senator Mc..rLaarin
by Members of the House ~
of Representatives.
Special to The Heral-d and News.
Wv'uVrv'hfe 7?The highest T>ossi
ble confidence was shown by the housf
of representatives last week in the management
of the state warehouse system
by Commissioner McLaufin, and a
unique compliment was paid him on
Friday morning when a i^od man?
members of the house resolved themselves
into what might be termed a
"comriiittee of the whole" before the
house convened to learn exactly what
he desired in the way of an appropriation
for the system this year.
(The ways an-d means committee had
inserted $10,000 in the appropriation
bill for the warehouse system?$5,OOC
less than for the year 1915, when the
system actually spent between $12,000
and $13,(KK). Under a section of the
appropriation bill the departments ol
government are prohibited from spending
more thon the amount appropriated,
w'nich would not have allowed the
commissioner to use any of the funds
received by the office for the coaduct
of the business, and the $10,000 appropriation,
in its final analysis, would
really have amounted to a tax upon
the system.
The agricultural committed of the
fcouse got together on Thursday afternoon
and agreed to submit an amendment
on the lloor of the house increasing
the appropriation. When the item
was reached in the appropriation bill
on Thursday night, the ways anc
means committee forestalled the agricultural
committee by submitting ar
amendment through Mr. Shirley to allow
t'ne commissioner to use $5,000 o1
the receipts of the office in addition tc
the $10,000 appropriation. Closelj
scrutinized, this amendment v woulc
have been of little real assistance, anc
in certain instances might have worked
serious harm. For instance, there
is a large warehouse in the state no-w
j which is contemplating putting itsel]
? -?? ? -i- --\ -f'o o"f Q f ?
UiiUer tne management vi i,uC
warehouse commissioner and lettins
Nth take entire charge of the business
Tee income of this warehouse is 2
gcod many thousand dollars a year
Suppose, for instance, the incom?
I should he ?~0 000 and the operating ex|
reuses MO.OOO, leaving a profit of $10,
j UUU ; lilt? ailiiitj ?
iiave diverted the $30,000 id come to th(
state treasury, and prevented the
drawing therefrom of the $40,000 necj
essary for operating expenses?a cobI
fiscation of private property. Of course
; no such warehouse would har;e come
under the system in this manner hac
I the Shirley amendment heen adopted
I There was considerable discussion
, of the needs of the "rare'house system
tl a
.M?Ba&L The dome (
<- -r.-z i
Lou Tell'
A Paramount Picture. Produced in
Feature Play.Co. Cecil B. E
Edwin Thanhoi
Helen Ba<
Gaumont cart*
One Other Reel
"A LIFE tf
(Third Chapter) "THE G
Featuring HELEN HOLMES :
Centaur Star Feature in Three Act;
Hero of Peri
Centaur in Two tActs. Featuring
Boy Now Appeal
Beauty C
One Other Reel
Paramount Pici
'THE ci
With FANNIE WARD, blip
Produced by Jesse L. Lasky F*
Cecil Q. De Mille J
I %
Mustang Western in 2 parts, featu
Richardson. ,
F*lstaff Comedy with .
Two Other Keels, t
Good Pictures every da
within reach of all.
w ifin
. and it was finally suggested that an
adjournment (be taken until Friday j
morning in order to ascertain from the ,
commissioner exactly which one of tlie '
i I
Dronosed amendments he preferred. A
| large number of the members of the
house gathered in the capitol on Fri'
day morning, and Senator McLaurin
was asked to make a statement. He
, suggested the adoption of the amendment
by the agricultural committee i
increasing the appropriation to $15,0001
?the same as last year?and another j
amendment, allowing the commission- j
er to use such; of the receipts of the j
office, through the state treasurer, <u>
might be necessary in the condi/ct of
the business. This amendment was
also proposed by the agricultural committee,
along with another amendment
fixing the time for annual settlement j
with the state treasurer as April 1st j
of each year. When tie matter finally
reached the floor of the house, the
ways and means committee withdrew
1 its objections to the agricultural com'
mittee's amendments, and they were
all adopted "without dissenting voice.
It is not recalled where the head eft
: any department of the state government.
was ever before asked to come
) - ? ,
before members of the house in this
j informal manner in order that they
j might act upon the real needs of t'ne
department, as outlined by one best in
, position to know. The ways and means
r committee, in its consideration of the
, appropriation bill, had not requested
? the presence of the commissioner
r when the item affecting the warehouse
was nnder consideration.
i It was a very unique compliment
wfrich was paid Senator McLaurin, as
> the action of file house showed.
A Lettefr. Widely Published.
In the columns of this paper some
! days ago was published a letter on (
: | "dog language," written Dy senator j
-1 McLaurin to Master Waldo Banks, the j
little son of Senator J. Arthur Banks of !
St. Matthews. That this letter has |
i been widely published all over the
J country is shown by t'he following let[
ter from {Mr. Theodore H. Price, the
. editor of "Commerce and Finance"
t which is published in New York:
, "Allow me to congratulate you upon
es Arcade
egen in
five acts by the Jesse L. Lasky
)e Mille, Director General.
LSJT*. &
user Presents
dgely In
in two acts
Don comedy.
to be Selected
in the Rail Road Film Novel.
m nn wnpc"
.11 i/V/ IT* VytVLl
5. Presenting CRANE WILBUR
Is of Pauline.
ROY WATSON, The Newberry
ring in Pictures,
to be Selected. * /
)AY ?
tures Presents
(ported by an All Star Cast.
mature PUy Co. In five acts.
Director General.
* \T\T A T T*/T*T T> J' T.Jr
[ring ArlN?il JLfl 1 1 L,r< auu J**-*.
: ' v ,-v ii.v 7. ;!" r EGETABLE
A.uthur Cunningham.
o be Selected.
ly in Every Week at prices
. ? *. " - * . ->. r: i -v /
< ... . .? i IT"
your letter to Waldo Batiks* which .1
have republished in. this week's issue
of 'Commerce and Finance,' While
you have written many good things,
this is, I think, about the best thing
you ever wrote.- - I expect it will so
the rounds of the press and probably
be published in England.
"How are you any way ? Since I have
stopped feeling bullish on the cotton
market, you don't write me as regularly
as you ought to.
"With kindest regards, etc."
Cfuroncnn _ T?n tV
Winnsboro, Jan. 29.?Charles RuiX cf
Newberry and Miss Mary Stevenson of
i Winnsboro were quietly married at the
Presbyterian manse here on Wednesday
evening, Rev\ G. G. Mayes, officiating.
On?y the immediately family
connection .of fach of the contracting
parties witnessed the ceremony.
A six o'clock dinner was served at
the residence of Mrs. Alva Stevenson,
mother of the bride, at which only
relalives- and friends were present.
The happy pair left on a a no^rth
bound train for a wedding trip before
going to their home in Newberry.?
News of St. Philips.
1T!- A'- Viqs fn hpf
-VI1SS v/lct ixao iviuiuvu w ~?
Lome, after a visit of several days to
her sister, Mrs. George D. Hentz.
Mr. A. H. E. Sc'neck is having a new
roof put on his residence.
Mrs. J. P. Gruber is seriously sick at
this writing.
Mr. and Mrs. J. Ebb Long of Bachman
Chapel section visited in this vi
einity Monday.
A very large crowd attended the W.
0. fW. unveilings at St. Philip's last
The St. Philips Sunday school will
meet Sunday morning at 11 o'clock.
Master J. W. Loininick has a horse
that is now serving the fourth. generation
of masters.
Mrs. A. D. McLean of Monven, N. Cis
spending some time with her piece,
Mi r. J will
- . . . ; ?
% x y' /
..i . /

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