Newspaper Page Text
L.OUIgs APPE~r Editor.
MANNNIG. S. C., OOT. 14, 1903. PUBLISIED EVERY WEDNESDAY. SUBSCRIPTION RATES: one year -----....................... 1 50 Six months-. . --------..................... 4 Four months...... .............. ADVERTISING RATES: One square. one time. *1: each subsequent in sertion, 50 cents. Obituaries and Tributes of Respect charged for as regular advertisements. Liberal contracts made for three- six and twelve months. Communications must be accompanied by the real name and address of the writer in order to receive attention. No communication of a personal character will be published except as an advertisement. Entered at the Postomce at Manning as Sec ond Class matter. JUDGE GARY ERRED. The testimony in the trial of James H. Tillman, charged with the murder of N. G. Gonzales was concluded last Saturday, and to avoid being charged with at tempting to prejudice the case for or against the prisoner. we studiously refrained from mak ing any editorial expression with regard to the conduct of the case. Now that both sides have been heard we will comment upon what we think proper and leave off that which may be regarded as an expression of opinion as to the truth or falsity of the testi mony. The jury was empanneled ac cording to the forms of law, and that body alone had the legal right to judge of the truth or untruthfulness of the witnesses, and any criticism of the testi mony by the press is not only out of place, but calculated to do injury, because the testimony in the case was for that particular trial and will have no bearing on future trials. Not so with the rulings of the trial Judge, his rulings will be quoted in other cases, and they may affect the findings where life, liberty and property is involved, therefore the rulings are a subjecto proper comment, and as a layman we shall enter e task. proper to say we have read. carefully the entire proceedings as published from the stenographic reports, and have agreed with Judge Gary in most of his rulings. He has measured up to our estimate of the man-able and conscientious, and his deportment on the bench is very gratifying to those who watched his course, and to our lay mind his rulings, with a sin gle exception, were fair, sound and tenable. It is with the ex ception, which we regard a se rinous one, we shall attempt to deal in this article. On last Saturday the State un .dertook to break down the evi dence of o-ie T. D. Mitchell who swore to what the State believed a -mnost extraordinary threat made by the deceased, and Capt. -J. D. Livingston of Orangeburg, a neighbor of Mitchell, was put up, and in order to quote cor-. rectly what took place, we re produce, the questions, answers, arguments, and rulings of the Judge, from the stenographic report. Capt. J. D. Livingston, sworn. Direct examination by Mr. Ellio',t: Q. Where do you live? A. In th-e ci ty of Orangburg. Q. How long have you li.ved there? A. For the past 20 years. Q. Do you know Mr. T. D. M2itchell? A. Y es. Q. How long has he been living there? A. I think he was living there when I moved to the city of Orange burg. Q. How long ago was than; A. About 20 years ago. Q. Do you know the reputation of Mr. T. D. Mitchell~in Orangeburg for truth *and veracity? A. I do. Q. Is that reputation good or bad? A. Bad. Q. From that reputation would you believe him on his oath? A. I could not. Cross examination by Mr. Nelson: Q. You lived in orangeburg ,20 odd years? A. About 20 years. Q. How many times have you been in court to testify A. Very few times. Q. Were you the man that got up the afiiidavits for Tom Johnson when he ran for congress against Dr. Stokes. A. That's right. No, sir, I did not get up any affidavits. Q. You helped Johnson? A. I did; I had the very best reasons for doing so. Mr. Elliott-:That has nothing to do with this case. Mr. Nelson-We have the right to show the character of the man. Witness-That was my privilege. Q. You did support Johnson. Mr. Elliott-I object. Mr. Nelson-This is to show who he is. Whether he is a white man living in a white community backing a white man or a black man, or a black man living in a white community backing a white man, or who he is. Mr. Elliott-We object. He has a right to support anybody he pleases. The Court-It seems to me like it is competent. Mr. Bellenger-May it please your honor, that is calling attention to his political standing- Now, we have ref erence here unfortunately, whether in tended or not, to factional politics and now we are having it with reference to a man's predilections in a general elec tion. That has nothing to do with this case, unless your honor takes it as a presumption that unless a man votes a certain way he is utterly unworthy of belief. Is what my friend Mr. Nelson wishes to show intended toi create pre ~udice or not? If so,is that a well found ed prejudice? Have wve gotten to the boint in South Carolina when the mere mention of a man's politics is enough to prejudice him? If that be not so, then the testimony is improper. We contend he can ask him any question which tends to attack his veracity, to show that his memory is bad. that he is inaccurate, but I think, and I appeal to your honor, when I say that I think so, that too much extraneous matter has already been brought in here in ref erence to social conditions, factional politics and religions, and we make our protest. The Court-Generally speaking, Mr. Belltnger, I think vour view the cor rect one, but under our peculiar condi tions dowvn here it may effect a man's character-I will not say anything fur ther before the jury. I will not state what I intended to say, before the jury, but I think this is competent. have created much surprise among the lawyers, as it certain ly excited much comment from laymen who have some vague idea of the principles of the gov ernment under which we live, even school boys who have ad vanced beyond the primary de partments must marvel at the extraordinary legal proposition that a man's character may be measured by the vote he casts, and should such a ruling be sus tained in an appeal court, a dan ger signal will have been ex posed by Judge Gary, and every lawmaker in the Nation should make haste to remedy the evil. If that ruling is sound law, then the fundamental law is a mockery, a mass of hypocritical pretenses, a delusion and a snare, calculat ed to bring about a condition of chaos, the. shield of protection to religion, life and property is an optical delusion and disappears as a mist before the Sun. If the credibility of a witness can be attack for the way he votes, it will not need much stretching to extend it further. and attack his credibility if he votes for a man who has opposed the Judge. If a citizen is not to be believed be cause he votes against the party in power, the result will be, that only the elect and their sup porters have rights which a court of law is bound to respect and protect. According to that ruling a man who votes for an opposition political party cannot give testimony to protect his or any body else's rights, and such a man might as well come for ward with all he has, and say "I have sinned against thee, King, take what I possess and spare my life." The constitution of the United States was framed by patriots who shook off tyranny, and wrote in blood a pledge to main tain .the act; that glorious docu ment beloved by every true American citizen guarantees the right to every citizen, without abridgement, and without moles tation, to enjoy religious and political freedom, and wherever the flag of this Nation is flung to the breeze, it is an emblem of freedom and shelter-where every man has equal rights, an ! is a man as long as he conducts himself as such; when in 1895 the people of South Carolina, adopted a Constitution that document makes the very same guarantees, and in its opening lines says: "We,the people of the State of South Carolina, in Con vention assembled, grateful to God for our liberties, do ordain and establish this Convention for the. preservation and perpe tuation of the same." Mr. Livingston was asked by Mr. Nelson, of Counsel for the defense, if he did not vote for a Republican, ob je ct i on w as promptly made by the State, and in arguing to the court Mr. Nel son gave as a reason for the uestion, that he wanted to s~how the witness was a Repub lican- or as Counsel put it, "whether he is a white man liv ing in a white community back ing a white man or a black man." The court ruled the question competent. The testi mony shows Livingston had voted for Tom Johnson, a white Republican of Sumter. and those who knew Johnson in his life time, remember that while all of us disagreed with his political views, he was held in high esteem in business and social circles and had the friendship of his neigh bors, but it matters not who Tom Johnson was, the dragging of his name into the trial of James H. Tillman charged with a crime committed long after Johnson bad departed this life was a desecration of the dead. and clearly irrelevant to the issue, and only for the purpose of creating political bias in the defendanus favor, which we doubt if an experienced Judge would have permitted; but when Judge Gary ruled it competent andl made the statement "under our peculiar conditions down here it may affect a man's character," he virtually instructed the jury not to credit the witness because he is a Republican, a ruling con trary to our conception of the meaning of the Constitution of the Umited States, and of the State of South Carolina, which Judge Gary helped to make, and which he swore to abey when he assumed the robe of office. The effect of such a ruling up on the jury could only prejudice the case of the State in favor of the defendant; it -was virtually an order to the jury to discredit the testimony of Livingston be cause he is a Republican, and it would have been just as legal, and equally as just, had he ruled that "under our peculiar condi tions down here it may affect a man's character" because he is a Jew, and thereby discredit the testimony of August Kohn, and as the deferdant claims to be a Presbyterian, all testimony giv en by Methodists, Baptists and Lutherans for the State, snight also be discredited on the same line of reasoning. It will be a solemn day in this State when a man is excluded from the rights guaranteed him in the fundamental law-to pray and vote as his conscience dic tates. It is well known that in South Carolina there are num bers of gentlemen who are na tional Republicans-men of high -haracter, and if we mistake not udge Gary is closely connected with one of them who ran for Congress in the 6th district; we bave no idea that Judge Gary's estimate of this man's integrity has been lessened to the extent, that his evidence under oath should be discredited in a court f law, notwithstanding "our pe culiar conditions down here." preserve the solidity of the Dem ocratic party that white men should vote theDemocratic ticket, especially theState ticket, and our primary fixes that, but should a man of character decide that the principles of the Democratic par ty are not in accord with his con science, and those of the Repub lican party are, and therefore he votes the Republican national ticket, that such a man shall be discredited in a court of law, and be unworthy of belief,is so utter ly obnoxious to all law, free gov ernment, and common sense,that we stand amazed at the Judge's decision. No doubt this ruling of Judge Gary, being of such an extraordi nary nature, will receive a great deal of attention throughout the nation,there will be some who will intimate the "slip was made with method," but we do not entertain such an idea, if it was a mistake, it was of the head; we doubt ex ceedingly if there. is a lawyer who values his reputition as such, who will attempt to sus tain that ruling, but aside from this very grave mistake as far as we can judge, he presided with dignity and with credit to himself. How's This I We offer One Hundred Dollars Reward for any case of Catarrh that cannot be cured by Hal's Catarrh Cure. F. J. CHENEY & CO.. Props., Toledo. O. We, the undersigned. have :nown F. J. Cheney for the last 15 years, and be::ieve him perfectly honorable in all business transactions and finan cially able to carry.out any obligations made by their firm. WEST & TUAx. wholesale druggists. Toledo. O. WALDISG, KINN;\ & MARVLs, wholesale drug gists. Toledo. O. Hall's Catarrh Cure is taken internally. acting directly upon the blood and mucous surfaces of the system. Price 75c. per bottle. Sold by all druggists. Testimonials free. HallsFamilv Pills are the best. New Zion Dots. Editor The Manning Times: Misses Allie Boykin and Covington of Maysville have been spending a few days with Miss Pauline Boykin. Mdiss Chandler of Bethlehem has ac cepted a position to teach a school near Mr. J. W. Gibbons'. Miss Lucy Davis of Ruby has assumed charge of the Gamble school. I am a great advocate of lady teach ers, and if ever I am a a candidate for Superintendent of Education, that will be one of the planks in my platform. It is rumored that a movement is ou foot to get up a farmers' picnic over here and invite a number of prominent men to deliver addresses. B. A Thoughtful Man. M. M. Austin of Winchester, Ind., knew what to do in the hour of need. His wife had such an unusual case of stomach and liver trouble, physicians cauld not help her. He thought af and tried Dr. King's New Life Pills and she got relief at once and was finaily cured. Only 25c. at The R. B. Loryea Drug Store. The Farmers' Meeting. Editor The Manning Times: The Manning Farmers Marketing and Protective Association held an in teresting meeting last Saturday even ing in the courthouse- The subject for discussion was subsoiling and its ad vantages. The discussion was led by Capt. D. J. Bradham, who having had considerable experience in subsoiling, spoke from experience. Nearly every member present participated in the discussion. Mr. Sam Bradham hit the nail on the head while discussing the subject when he said. "While trying to deepen our soil so that we may have a better yield, let us also try and deepen our interest in these farmers meetings." That's just the thing. Turn out members. There is untold advantage and help to we farmers, in meeting to gether if we do nothing more than have a good heart to heart talk ever the matters that pertain to our every day and general welfare. The following resolution was unanimously carried, and I, as secretary was instructed to have the said paper published. Resolved, that at our next meeting which is the first Saturday in Novem ber, we invite Hon. James E~. Tindal and Capt. D. J. Bradham our lecturers, to address us on some subject, which will be to our mutual interest. Also that we invite the Wilson, Jordan, For eston and any other clubs that can do so to unite with us and have a grand rally." I 'take this way and opportunity to extend the notice to clubs genserally. Come out to the meeting brethren. There is good in it for us if we will only reach Out for it. The next meet ing will be on the first Saturday in November at 11 o'clock a. m. A. P. BURGEss. Sec. Manning F. M. and P. A. Oct. 12, 1903. The worst romance not according to Ruskin, so corruptibg as false histo ry, false philosophy or false political es says.. Cia.TORIA. Bear ao The indYou Have Always Bought Sinatno of . .THE .. R. B. LORYEA DRUG STORE, ISAAC M. LORYEA, Prop., Sign of the . .. Giolden Mortar, Beg to inflbrm their many friends and custom ers that they are prepared to supply their wants with their accustomed celerity. We carry a full and complete line in every de partment of the DRUG BUSINESS and every attention is shown to the wants of their customers. Fo Kany Yeara we have endeavored to give the very best at tention to our customers' wants, and feel that we have succeeded. Our atockt of DRUGS, MEDICINES and CHEMICALS is complete in every particular and everyv and Wein need of PUR dSRUGS and MEDI CINES call on us and we can give you general IL ORDERS receive our careful and im mediate attention on day of receipt. We hope for your kind patronage which for years we have earnestly striven to merit. ISAAC M, LORYEA, Proprietor, Sign of the Golclen Mortar, MANNINC, S. C. "THE OLDEST MAN IN THE ROCKIES." . Geo. W. Haniy, 108 Years of Age, Is as Strong and Vigorous as Men Thirty Years Younger, -, - and Says That for a Long Time His Only fledicine Has Been DUFFY'S PURE hALT WHISKEY. A familiar figure of the Rockies, the " oldest living landmark," is G. W. Hanly, of Big Timber, Mont. One of the original "49ers." Mr. Hanly in later years built up a large . veterinary medicine business. Though now in his 109th year, he is hale and hearty tnid able to walk about as spryly as man; men half his age. He states that he owes it all to Duffy's Pure Malt Whiskey. I- a recent letter he says: "It has been my intention far some time to write and compliment you on the effects Duffy's Pure Malt Whiskey has had on my - health. Last November I was lOS years old, GEO.W. HANLY, 108 Years Old. and there are certainly not many men in the world who are as well preserved at so great ar. age. For a long time your whiskey has been the only thing I have used as a stimulant or a medicine. My appetite is very fair, hearing and eyesight as good as with men who are thirty years younger, and nothing keeps me in better humor than my regular doses of 'Duffy's.' When a cold or my bowels bother me, a little of your medicine is all that's needed, and you may always count me among your grateful friends. GEO. W. HANLY." DUFFY'S PURE MALT WHISKEY Is an absolutely pure distillation of malt and is recognized by the Government as a medicine. This is a guarantee. It is a tonic-stimulant recommended by physicians of every school; a boon to the weak and worn, to the weary and depressed. It arrests the progress of physical decay; keeps the old young, makes the weak strong. It strength ens the heart; relieves the aching head; gives to the limbs their old-time vigor, and clears the brain. It enriches the blood and nourishes the vital forces of the body. In this way it drives out disease and is a promo:er of health and longevity. If you wish to keep strong and well in old age, if you wish to be free from disease now, take a table spoonful of Duffy's Malt Whiskey three times a day, in milk or water. Duffy's is prescribed by doctors everywhere for coughs, colds, grip, catarrh, con sumption, bronchitis, pneumonia, pleurisy, asthma and all diseases of the throat and lungs; indigestion, dyspepsia and every form of stomach trouble; nervousness, malar ia and all low fevers. CAUTION.-When you ask for Duffy's Pure Malt Whiskey be sure you get the nuine. Unscrupulous dealers, mindful of the excellence of this preparation, will tryto sell you cheap im itations and ealt whiskey substitutes, which are ut on the market for profit only, and which, far from reliving the sick, are positively harmful. Demand "Dully's" and be sure you get It. It Is the only absolutely pure rlhlt Whiskey which contains medicinal, health-giving qualities. Duffy's Pure Malt Whiskey is sold In sealed bottles only; never in flask or bulk. Look for the trade-mark, the "Old Chemist," on the label, and be certain the seal over the cork is unbroken. Beware of refilled bottles. "Duffy's" contains no fusel oil. Sold by all druggists and grocers, or direct, $1.,00 a bottle. Interesting medical booklet postpaid to any address. Duffy Malt Whiskey Co., Rochester, New York. For sale in South Carolina at All Dispensaries. Loans MIade I can lend Money on Loans Made on Real Real Estate at reas- . on Real E s t a t e. I onable interest and E s t ate . on long time Call on or write to me. 3. A.. ' E1INBE R..G-, Attorney at Law. MA N N ING. S. C. BRING YOU.R joDb Work TO THE TIMES OFFICE. EC.HORTON, JR. T. MITCHELL WELLS. g'e Are a ~riend TO EVERY ONE Wbo Has to Buy Dry Goods: In proof of this claim we submit that we handle only the very best class of merchandise that is manufactured, and we always offer it for as little prices as any other concern in this pai-t of the State who gives full 36 inches for a yard. SFrom Thbrsday Morning, Oct. 8, 2 Beginning at 8 o'clock we will, through one week, make'these cut _ prices in Dress Goods: SWe will offer a full line of Colors in All-Wool 36-inch Dress2( Flannels, the kind we had firstaat 45:-, for............. C. SAlso all the Colors, including Black, of a very fine Melrose39 Dress Fabric that was marked at 50c yard, for...... .$ As you know v'ery well these goods are not old. It's just we haye too ~-many lines to look after. and make these seasonable prices to move themn out. We will for the time mentioned sell everythiug else in our store in likeprptin Now we want to keep you in mind of OUR GREAT SHOE LINE. You ladies know the famous QUEEN QUALITY line, and we are fast making you more acquainted with the CROSSETT make. Tr Or rosei' LONG LIFE I We fit the Children too with Shoes. Just this much about outr Ready-to-Wear Skirts and Wraps. If its from the "MUTUAL" it's alright. MUTUAL DRY GOODS'CO. $ $]nvites every honest shopper in Clar'endon county notlo make your$ fall purchases until you see us. We will make it worth money to ev:erybody -to do business here, aside from the satisfaction of dealing Swhere every transaction is made just right. IgiMail orders promptly attended to. SMUTUAL DRY GOODS COMPANY. LUTHER McINTOSH. W. MINTER TURNER. 0aO* esese@@@@ee Confederate Veterans Reunion, Augusta, Ga. Low Rates Via Atlantic Coast Line. Tickets on sale November 9 and 10, 1903 from all points in Georgia and South Carolina beyond a radius of one hundred miles of Augusta, and Novem ner 10 and 11 from points within r'adius of one hundred miles of Augusta, and for trains scheduled to arrive is Augus ta before noon of November 1,, 1903. Final limit of all tickets will be Novem ber 13. 1903. The rate from Manning to Augusta and return for this occ. sion will be 83.15. W. J. CRAIG. General Passenger Agent. H. M. EMERSON. Traffic Manager. Conspicuous. "You have been conspicuous in the balls of legislation, have you not?" said the youni woman who asks all sorts of questions. "Yes, miss," answered Senor Scc ghum blandly; "I.thiik I have ppr-iil pated in some of'the richest hauls that legislation ever made."-Washington Star. Trespass Notice. We hereby give notice that all hunt ing is prohibited, without first secur ing permission,' upon the lands owned by the undersigned. R. C. Richardson. Mrs. E. N. Richardson. Fulton, S. C. [2-4t T ax Notice. County Treasurer's Office, Clarendon County, Manning, S. C., Oct. 1, 1903. The tax books will be open for the collection of taxes for the fiscal year commencing January 1st, 1903, on the 15th day of October, 1903, and will re main open until the 31st day of Decem ber, following, after which time a pen alty of one per cent will be added; and if the said taxes and penalties are not paid on or before the first day of Feb ruary next thereafter, an additional penalty of one percentum thereon shall be added, and if .aid taxes and penal ties are not paid on or before the first day of March next thereafter, an addi tional penalty of five percentum there on shall be added; and if the said taxes and penalties are not paid on or before the fifteenth day of March next there after, the County Treasurer shall issue his executions for the said taxes and penalties against the property of the defaulting taxpayer according to law. The folloving is the tax levy: For State purposes, five (5) mills. For Constitutional School tax, three (3) mills. For Ordinary County tax three (3) mills. For Jail purposes one balf of one mill (+). Total Eleven and one-half (11}) mills (seperate from Spe cial School Tax) Special one (1) mill School tax, School District No. "24." Total 12+ mills. Special two (2) mills School tax, School Districts No. "16," "17," and "25." Total 133 mills. Special three (3) mills School tax School Districts No. "2" and "21." Total 141 mills. Special four (4) mills School tax School Districts No. "7,""9, ""19,""20" and "22." Total 15+ mills. Every male citizen between the ages of twenty one and sixty years, except those incapable of earning a support from being maim ed or from other causes, and except those who are now exempt by law,shall be deemed taxable polls. The law re quiresthat Commutation Road tax shall be paid for the succeeding year before March 1st. S. J. BOWMAN, Treasurer Clarendon County. NOTE-The County Treasurer urge taxpayers, to pay their taxes before January, as the State stands much in need of its portion of the taxes due: and the School teachers will be em barrassed if taxes are not promptly paid. iall E DSIR TO INFOR: iSuits, Ovie Foi I j for we' COn wel H Te - ~iNCE.T! e to o 2 of the best makers of SA visit will be vei Iin mutual benefit. ID.J.( e Phone i66. About spending money economically. No bet ter place to have them demonstrated that at THE MINOR STORE, Where the purchasing power of YOUR DOLLAR is always vastly increased, and in many instances doubled. We mention a few of the many items that you can find here, there's some-many more. Dress Goods and Trimmings, Laces and Embroideries, Hosiery and Underwear, Shoes for Men, Women and Children. Hats for Men and Women, Corsets and Gloves, Notions and Toilet Articles, Stationery and Purses. Linens and Drapers, Rugs and Mattings, Men's and Boys' Furnishing Goods. Ready Made Shirts, Jackets and shirt Waists. All of these are priced in keeping with our way of doing business. Not marked as high as they would sell but for as little as, we can sell them for and live. When you are in Sumter, we'll make it interest ing for you. Phone or write for samples. IMINOR STORE,1 strumma, s.n c. and Winterf OTHING. i OUR CLARENDON FRIENDS THAT OUR STOCK OF 8 :oats, Hats and Furnishing GoodsI Men, Boys' and. Children is ready uspection.A addition to the~ well-known mak~es -e been handling, we have secured. ~rol for Sumter of the celebrated art, Schaffner & LDarx's Suits and Overcoats. sr ery garment they make is sold with >sitive guarantee of satisfactory ~ ' rto the purchaser.2 e also have control of the followng 2. -known makes in other lines: 2 MPERIAL " Brand of Boys' and / ren's Suits. 2 NOX'S Stiff and soft Hats.2 2 AWEs';Celebrated $3 Hats. ~Zt~ CsMOPLITAN " Full Dr es 2 bs, an~d2 2 ECLIPSE" Perfect-Fitting Negli-2 Shirts.oforsoeifll 2 - .. ~ery department o u tr sfl erflowing with the2 . Ohoicest Productionis 2 -;->.jF7 wearables for, Men, Boys and Children.8 7 much appreciated, and result, we think, iHANDLER,1 Sumter, 5. C. I ~8