Newspaper Page Text
Figure in the Life of Milard,
Charged With Bigamy.
HE NOW ADMITS THIS
In Written Statements Which He Made
Concerning His Previous Matri
monial Ventures. and Which
Are Produced at Prelim
inary by Prosecution.
The preliminary hearing in the cas
of Kenyon V. Millard, who was ar
rested April 21 charged with bigamy
and who has been confined in the
Orangeburg county jail in default of
$500 bail, was heard Taursday morn
Ing by Magistrate C. P. Brunson, who
issued the warrant for his arrest.
The prcsecution was represented by
Mr. R. L. Weeks of St. George and
Hon. T. M. Raysor, while Messrs.
Wolfe & Berry and Col. Thomas F.
Brantley appeared for the defendant.
It had been understood that Millard
would conduct his own defense, and
it was learned that the counsel for
the defense had been retained by
friends of Millard, who reside in an
As is usual with such cases, it at
tracted undue notoriety and Magis
trate Brunson's ( il ,e was packed to
suffccation long b:fore the time ap
pointed for the hearing. In fact, the
room was so crowded that there was
not room sufiklient for those involvc d
in the case, and the attorLeys were
forced to ask that the rcom be cleared
before they would take up the case.
Miss Kenyon, who recently married
Millard, was the only witness for the
State, and the occasion was very mor
tifying to her; while Millard, who was
brought into court looking fresh and
in good spirits, showed the effect of
the strain before an adjournment was
In addition to Miss Kenyon's testi
mony, the State entered as evidence
three letters written by Millard to
Miss Ken3 on since his incarceration,
while the only evidence offered by
the defense were one telegram and
four letters received from Miss Ken
yon since their separation, ar-d also a
letter from the clerk of the court of
Osceola, Iowa, with reference to a di
vorce granted Louisa Millard in 1880.
This correspondence was so volumi
nous that no effort was made to read
it at the time, but Magistrate Brun
son will read it carefully and either
announce his decision at a later date
or fix another time fur hEaring the
arguments by attorneys for both
sides. Meanwhile Millard has been
remanded to jail pending the magis
trate's decision in the matter.
The contention of the attorneys for
the prosecution is that the interlocu
tory divorce granted Mrs. Ada Millard
December 4, 1904, prevents either
party from marrying for one year
thereafter, while the defense holds
this to be a mere technicanty, inas
much as Millard had not obtaiutd a
copy of the decree and was ignorant
of its restrictions.
THE ONLY WITNESS.
Miss Sallie E Kenyon, whose mar
riage to Millard has caused the trou
ble, was the only witness examined.
She was questioned by Mr. Weeks.
She testified as to her marriage to
Mildrd cn April 19, which was per
formed at Orangeburg by the Rev. E.
M. Lightfoot. She met Millard on
April 6 at her home in St. Geo:ga.
They were not engaged at that time.
The engagement was the result of
several day's association. Millard did
not tell her that he had been previous
ly married until after they had be
come engaged to be married. He
stated to her that he had a living wi fe
in California, from whom he had se
cured a divorce years before, after
having lived with her only a few
days. After his arrest he told her
more of his married life. Stated that
he had five children by his California
wife, and gave as his reasons Icr rot
telling her of this previous to their
marriage that he was afraid witness
would not marry him. He denied
-that he had ever been mardied other
than to the California wife. Witness
has received three letters from de
fendant since he was committed to
jail and separated from her. These
were put In evidence.
On cross examination by Mr. Wolfe
she explained the fact that his letters
to her were addressed to "Rebekka,"
while the letters she had written to
him at the jail were addressed to
"Isaac." This was due-to the sug
gestion of Millard that their marriage
romance was akin to that of Isaac and
Rebekka, and those nams were adopt-|
ed by them for their corresporndence
She had been informed by Millard
before they were married that he had
been previously married in California,
but he stated that he had secured a
divorce. She stated that before they
were married, Millard had written to
California to W. H. Haw, clerk of
court, Humbolt county, Eureka, Cal.,
asking for a certified copy of the de
cree of divorce, and 50 cents worth of
stamps had been enclosedi in the let
ter to cover the charges for the copy
of decree. After the arrest of the de
fendant, a letter from Eureka had
come to St. Georges, which she had
opened under direction from defen
dant. It contained the copy of de
cree of divorce. She had read it and
forwarded it to deferndant at Orange
burg. Several letters from witness to
defendant and a telegram were iden-j
tified and put in evidence. -
The following letter was also placed
Osceola, Iowa, A pril 28, 1905.
Mr. Kenyon V. Millard,
Orangeburg, S. C.
Dear Sir: Your letter of A pril 2:3rd
in regard to divorce received. The
record shows a divorce was granted
Louisa Millard in 1880. A cer cified
copy of the decree will be $t.
F. M. STAiCY,
Clerk of Court.
THE CALIFORtNIA DIvQRCE.
The following is a copy of th~e de
cree referred to in Miss Kenyon's tes- -
"In the Superior Court of the County
of Bumboldt, in the State of Cai
"Ada A. Millard. piaintiff, vs. K. V
Millard, defendant. Interlocutory
"This case having been brt.ught on,
to be heard the 1st day of December,
1904, upon the complaint herein
taken, as confessed by the defendant
whos default for not answering your b
plaint has been duly entered. And
zaid court having heard the evidence
ind testimony, and which is sufficient
ly corroborated, and after having duly
considered the same, and made and
tiled its decision and conclusions of
law herein, from which it appears
that said plaintiff ought to be granted
a decree of divorce together with
other relief, as is herein specified:
now, in accordance therewith, and on
mariozn of counsel for said plaintiff it
is ordered. adjudged and decreed, and
this court, in pursuance of the statute
in such case made and provided, does
order. adjudge and decree that the
said plaintiff is entitled to a decree
dissolving the bonds of matrimony
now and heretofore existing between
the said plaintiff and said defendant;
such decree to be -entered after the
expiration of one year from the entry
of this interlocutory judgement. It
is further ordered, adjudged and de
creed that said plaintiff be and she is
hereby awarded the sole care and
custody and control of K. V. Millard,
Ed H. Millard and Paul Millard."
IGNORANCE THE PLEA.
The following is an extract from a
letter written by the defendant to
Miss Kenyon, bearing date Friday, 4
p m., April 26th. It was written from
Orangeburg by the defendant in jail,
and was mailed to her at St. George:
"I have heard nothing from the
court house Thursday, but I under
stand that the prosecution is going to
try and convict me as a criminal on
the ground that the divorce which was
granted my former wife in California
last 4th of December would not permit
me to be married to anybody else for
one year: That is, until next 4th or
5th )f December (seven months in the
future). I think they are wrong. I
think that I could be married in any
State outside of California just when
I please, after the divorce is granted.
If I made a mistake that could easily
be rectified by my waiting until De
cember 4th or 5th and then sccurirg
a license in Georgia and'being married
there according to the laws of Geor
gia. I did not understand all the lit
tle technicalities of marriage or divorce
laws in any State. I hnew nothing at
all about the laws of South Carolina.
Never hEard bne thing about them be
fore I came down here. All the States
have different laws and what is law
here is not law in Georgia."
He goes on to justify himself in
marrying Miss Kenyon on the ground
that he did not know he was doing
wrong. He discusses the interlocutory
divorce and suggests that they can
wait until after the 4th of next De
cember and be remarried and purposes
to arrange for her support in the
HIS FIRST MARRIAGE.
The following is a portion of a let
ter written by defendant, addressed to
Miss Kenyon and her mother jointly,
from the Orangeburg jail at this place
on the Saturday afternoon when he
was first committed to jail:
"I see by The State that Sister Mary;
in examining my letters, found cne
from my divorced wife, indicating that
she believed that I had a wife some
where else. She was mistaken. When
I was 21 years old I married a girl
in Farmington, Illinois. Her people's
name was Cone. Her name was Louisa
Cone. She had a brother named Wil
liam Cone, residing there. Be kind
enough to write to Farmington, Ili
nois, and find out all about her. She
was not my wife when I married the
woman whose letter you read. (Here
Is given a statement as to his first
"I left her and if you will write to
any of the older citizens of Farming
ton, Illinois, you will be able to snow
surely that I had no wife when I mar
ried the woman who lives in Galifor
nia, and who was my lawful wife un
til divorced December 4th, 190O4.
"I-have now told you all my history.
There is no one else and notbing more,
and I have nothing to conceal from
you or any one. I think the Presby
terian minister married me to Miss
Louisa Cone. I got the marriage li
conse at Lewiston, in Fulton county.
I think you hati better send immedi
ately and find out all about her. If
there are any questions you or your
lawyer would like to ask I will take
pleasure in answering them.
TRIED TO DO RIGHT.
"I am not a criminal. I have tried
to do right. I have had a strange
history, but I have never harmed nor
attempted nor done any act to detile
nor to lead any woman to do wrong.
"I have had to endure it and it was
more than I could bear. I am sorry
to say that many of our northern so
ciety women are not true to their hus
bands. I feel pretty sure that the well
bread southein lady is one whom a~
husband can trust.
'I recognize no man as my superior,
when it comes to purity of character.
I am sorry Sister Mary suspicioned
me of being a scoundrel. It's bad for
all of us, and would have been far bet
t r to use more patience and not jump
to a hasty conclusion. If I have
been too hasty or have made any mis
takes, it was of my desire to have my.
'Rebekkiah' with me to be my helper
and companion in arranging my man
ussipt for publication as soon as pos
Another letter from Millard tells of
a letter he wrote to the clerk of court
>ut in Iowa, asking whether a divorce
oad ever been granted to Louisa Mil
ard. It is evidently the reply to that
etter that was written on April 25th
y Clerk Stacy from O.sceola, Iowa,
which had been copied above, stating
hat a divorce was granted Louisa
Willard in 1880). Several letters from
liss Kenyon to Millard were intro
icea in evidence, but as they are not
f a public character and furnIsh no
2ew information in regard to the
:barges against him, they are not re
In Miemory of Timrod.
THE State is urging the Columbia
Liberary Association to change the
name of the library to "The Timrod
Library." With no Intention of in
berfering in a kocal matter, we hearti
y endorse the suggestion of The
stae. It would be a graceful and
Ieserved compliment to tbe memory
>f South Carolina's sweetest singer,
who, we confess with shame, was not
Lppreciated during life as he stould1
'ave been. No man can read thel
poems and odes of the gifted Timrod
ithout being a better man for hay
g communed with his swveet spirit.
n perpetuating the memory of such
man as Hery Timrod the Columbia!
ibrary Association would be per-I
ormiug an act in keeping with the
bjcts of its organization.
Eat Boll Weevils.
Charles Howard of the entomologi
al bureau, department cf agriculture
,t Washington, lhas been notitled of
he dh.covery in Fall county, Tex., of 1
,peculiar bug which Is destroying the
ol weevil. The insect was found on
WILL STRETCH HEMP.
The Fiend, William Johnson, Guilty
of Diabolical Crime.
A Sickening and Pathetic Case. The
Verdict Meets the aIpproval
of the People.
William Johnson was convicted of
of criminal assault on Geneva Howell,
a little eight-year-old white girl, in the
court of general sessions on Thursday.
Johnson is a young mulatto about
seventeen years of age, but well de
I veloped for his age. The fiendish
crime was committed near Bowman a
few months ago. A full account of it
was published in The Times and
Democrat at the time.
The little girl upon whom the fiend
ish assault was made, is quite hand
some in face, and she told of her hor
rible treatment at the hands of the
brute J ohnson in a calm and innocent,
childish way. It was pitiful to look
upon her, and her condition tended to
cause the nobler sensibilities of man
hood to feel indignant against the
fiend who committed the brutal crime.
The child was brought into the court
room in the arms of her mother. She
was seated upon a chair in the court
room, within the bar.
When she was called to give her
testimony, the chair was lifted and in
this way she was taken to the witness
station. After she had testified she
was taken back to the side of her
mother in the same manner. She is
helpless and cannot walk a step as the
result of the crime that was committ
ed upt n her person by the diobalical
fiend. Baing a little child, she did
not realize the hellishness of the crime
the fiend had committed, and conse
q-iently she did not tell her mother
until several days after the assault,
when the serious effects began to be
manifested. The testimony produced
at the trial is practically as follows:
Geneva, in a frank, childish way,
told the j ury all the circumstances in
connection with the assault. She said
she did not utter an outcry at the
time and said nothing about it to her
mother until a few days after the
occurrence. She told a plain straight
forward story of the brutal way the
fiend had treated her. While she did
not say se, it is very probable that
the reason why she said nothing about
the matter she was afraid of the
scoundrel, who had treated her so
Bettie H'wall. the -mother of the
child, stattd the age of the little girl
to be eight years. The child was
hearty and could walk before this as
sault, but is now a helpless crippie.
The defendant had worked for them
some time back but was not working
for her at time of as.ault. She lives
about 19 miles below 0:angeburg.
She has never been married, and has
no other children.
Dr. W. M. Carn testified that about
a week after the assault he examined
the child. He found inflammation.
Later he made a more careful exami
nation and found the child suffering
from a loathsome disease. Could not
tell at that length of time after the
assault what force was used. There
was no question as to the child's suf
fering from the disease. The child is
now suffering from chronic poisoning
from the disease. This has produced
a rheumatac condition that has ren
dered her lower limbs helpless.
Dr. D. J. Hydrick testified that he
had examined the defendant a few
weeks ago, after he had been lodged
in jail. The result -of this examina
tion proved to him beyond question
that the prisoner had a loathsome dis
ease. He stated that this was true
beyond a question.
On the part of the defense Dr. J.
A. Clif ton was called to the stand and
he testified that he had made an ex
amination of the prisoner a few days
after he was committed to jail and he
had reached the conclusion that he
did not have the disease. He hai not
made a microscopic examination.
The defendant was called to the
stand and denied the charge. He
made a statement of his innocence.
Stated that he was at the house of
the child's mother on the day stated,
but had not committed any such
The case was given to the jury at
half-past one o'clock, just at the hour
set for the dinner recess, and the jury
had not only had their dinners but
had agreed upon the .verdict when
coart reconvened at 3 o'clock.
The verdict found was guilty, and
as there was no recommendation for
mercy, the sentence carries the death
The story told by the little girl
touched all present and there are some
who think that any other verdict
might have had serious results.
The verdict is regarded as a just
one by those who heard the testimony.
By appointment of the judge Johnson
was defended by Mr. John S. Bow
man. Johnson was sentenced to be
hung on Friday, June 16.
Bazcket Sboys and Exchanges.
Before the Supreme Court at Wash
ington the other day Judge Crumpack
er b:-ldly asserted that the Board of
Trade of Chicago was nothing better
than an institution established for the
promotion of gambling. He was de
fending the bucket shops in a case
that is now pending against them,
and he did so by declaring that there
was no essential difference between
them and the large institution of the
country in which commodities and
securities are dealt in on margin. He
ridiculed the contention that an ac
tual delivory of grain is contemplated
when there is a purchase or sale of
wheat or corn in the pits at Chicago.
Hie admitted that some actual sales
take place, but he declared that the
boards of trade of the country could
no~t be maintained except for the tran
sactions of a purely speculative nature
that took place in them. He did not
deny that bicket shops are places
where gambling pure and simple,
oes forwvard. but he did contend that
teir transactions are identical with
3 majority of those engaged in by the
members of the legitimate exchanges
In either instance he contended that
bhe so called brsiness done was bee
tng, nothing more and nothing less;
md he could not see why any legal
air splitting should be done about
bhe matter. In commenting on the
position taken b; Judge Crumpacker
'he News and Courier says "if the
Supreme Court shall now hold with
Judge Crumpacker on this point it
il be interesting to watch what the
-esult will be. A legal declaration that
>ur great stock operators are nothing
noe than gamblers might make it
~xceedingly awkward for some of them
*vho are forced to collect their win
lngs in our courts of law. The stat
ies on the subject are pretty much
.1 made for the protection of lambse
'ather than for the advantage oft
Thecdore Price Give Reasons For
His Change of Heart.
He Believes That There Will be a
Material Reduction in the
Theodore Price has become a bull
and is now endeavoring to make up
for his wanderings from the light by
the distribution of bullish literature.
For instance, he sends out the follow
ing letter explanatory of his change of
"New York, April 27, 3905.
"Dear Sir: For over a year I have
been a persistent and consistent bear
upon the cotton market, believing as
I did that the relatively high prices
of 1904 and 1903 would reduce con
"The comparatively low prices of
ate current have, however, reversed
the trend of trade. The world, in my
opinion is about to witness a tremend
ous expansion in the cotton Industry
and the prospect of another large crop
next year is exceedingly doubtful, as
shown by my crop report, issued to
"Under these conditions, I believe
that cotton can and should be now
confidently bought by all those likely
to require it during the next twelve
"Should prices decline still further
on the marketing of this year's sur
plus, purchases will, in my opinion,
become only the more attractive.
"Tnzo. .R. PRICE."
Accompanying the above is his
monthly crop report, which comprises
a compliation of 2,243 replies of an
average date of April 17th, from 1,499
out of a total of 2,340 towns in the
cotton belt to which the subjoined
queries were addressed:
Is the crop late or early in your sec
tion. and to what extent?
What percentage of increase or de
creass will be shown by the cotton
acreage in your section?
What proportion or the proposed
area has been planted up to date?
What percentage of iLcrease or de
crease will there be in cotton ferti
lizer used in your section?
From the replies received -to these
he obtains an average indicated acre
age decrease of 14 2 per cent.
He then goes on to say:
"My previous report was Ismed
March 25th and summarfzAd or an
average date of March 15th. In that
report the indicated decrease in acre
age, as estimated by my correspon
dents. was 19.4 per cent.
"The decrease now indicated is 14 2
per cent, which would seem to sug
gest that as the season has progressed
the disposition to reduce acreage has
become less pronounced.
"It is noteworthy, however, that
the indicated acreage on the basis of
the figures as reported is now 1, 686,
(100 acres less than the acreage of
1904-03 which produced a crop of ap
proximately 10,200,000 bales.
"My correspondents adhere to their
previous report as to the reduction in
the amount of cotton fertilizer used,
many of them stating that the in
crease in the fertiliz er tax tag sales
reported by the state authorities is
due to the increased quantity of ferti
lizers solc for u:eon the tobacco and
truck acreages w'hich has been largely
extended this season.
"The most important feature of
the crop report, in my opinion, how
ever, Is the fact that the crop is re
ported on an average twelve days later
than the norrual, while the propor
tion of last year was an average of
fully twelve days earlier than the
normal, it is plain that the growing
crop is at least three to four weeks
later than last year.
"A notable though unferseen fea
ture was the recent heavy frost, and
I have separately tabulated the re
marks of my correspondents in refer.
ence thereto. Killing frost occurred
South Carolina-Aiken, Charleston,
and Orangeburg counties. The cot
ton reported planted in these counties
prior to the frost averaged 60 per
cent, much of which has to be -re
Georgia-Columbia, Hancock, Mon
roe, Harris, Troup, Cobb, Burke,
Screven, Washington, Coweta, and
Dooly conntles. The cotton reported
planted in these counties prior to the
frost averaged 25 per cent. Much re
Alabama-Marshall, Wilcox, Talla
poosa, Lamar, Hale, Chambers, Bar
bour, Calhoun, Montgomery, Lime
stone, Dallas, Perry, Elmore, Blbb,
Bullock and Lee counties. The cot
ton reported planted in these counties
prior to the frost averaged 50 per
cent. Much replanting necessary.
Clay. Cotton reported planted in
these counties prior to the frost aver.
aged 10 per cent. Much replanting
Asftar as present conditions afford
anyialiitto2, the prospect of a
bumper crop for the season of 1905-06
is not brilliant, and in view of the
fact that whatever the consumption
this year may be It is probable that
the world will re quire a crop of at
least 12,000,000 bales next year, I am
of the opinion tbt a policy of con
servatism on the part of spinners sug
gests the advisahility of protecting
their commitments as far into the
future as possible by purchases of cot
ton on the basis of present prices.
My reason for this opinion as de
veloped from a close study of the
ituation I shall submit in a later
ircular. THEoDoRE H. PRICE.
Saluted Each Soldier W-trh a Kis
A touching incident occurred
iuring the Easter celebration
ere. After the morning service all
in the trcops in the region around
headquarters were drawn up in
ine before Gen. Linevitch's tent
md the commander in chief came
ut, greeted the troops and passed
lown the line saluting each and eve.
ry soldier with a kiss. All the men
were much moved and many of them
ept. The incident served to in
~rease their b'undless worship of the
)d, grey leader. Gen. Linevitch
~ontinues energetically the reorganiz
Lton of the various departments of
Killed His Sweetheart.
A dispatch from Woodbury, Ga.,
tates that Oscar Stinson shot and in
tatly killed his sweetheart, Minnie
Womble, a sixteen-year-old girl, at
ier home in Woodbury Wednesday
lght. After shooting the girl, Stin
on turned the gun on himself and
hot himself. The wound did *not ~
>rove fatal, and he is still alive. Jeal- ~
usy is said to have been the motive.
BOTH Togo and Rojestvensky are y
ntitled to large crecit for the fact v
hat they have not done any prelimi- C
,ary fighting wnth thei mouths. C
FAIL TO ACREE.
A Mistrial Entered for the Sec
ond Time in the
NAN PATTERSON CASE.
At Twenty Minutes Past Two O'clock
Thursday Morning the Jury Report
ed that it Was Hopelessly Dis
agreed, After which they
The jury that has been trying the
Nan Patterson case in New York for
the past ten days failed to agree and
were discharged Thursday morning.
Nan Patterson is charged with the
murder of a gambler by the name of
The jury was given the case at 1.30
o'clock Wednesday and after deliberat
ing 12 hours came into court pt 1.30
o'clock~Thursday morning and inform
ed Recorder Goff that they had failed
to reach a verdict. The jury declined
the recorder's offer to aid them by ad
vice on any point of law regarding
which they might be in doubt, and
were sent back to continue their delib
erations. At 2.20 o'clock the jury
again entered the court room, where
the recor&'r and other court officials
were in i.iting, and the foreman an
nounced that they had failed to agree
on a verdict. He added that their dis
agreement seemed hopeless of adjust
ment. Upon this announcement Re
corder Goff formally discharged the
12 men composing the third jury that
has considered this celebrated case. It
is understcod that a majority of the
jury was for acquital, but in what
proportion they stood cannot be ascer
Miss Patterson collapsed on the
jury's announcement and fainted dead
away. She was assisted from the court
by one of her counsel and several court
attendants and revived in the ante
room. On the second return of the
jury, Recorder Goff made a personal
appeal to the foreman to endeavor
again to reach a verdict. The foreman
entered the jury box and polled the
jurors in opon court, but they were
not able to agree. The recorder then
asked them again if there was not
some point in law or something he
could do by whiti they might be able
to reach a verdict, but the jurors re
mained steadfast and finally declared
their verdict a disagreement. Record
er Goff, before aismissing the jury,
cautioned them not to tell how they
Recorder Goff in his charge to the
jury said: "You must not think that
because of the humble position of this
woman you should not give her the
same consideration as if she occupied
a more exalted position in sciety.
Whatever her position, she is entitled
to the same legal rights as the most
prominent and most conspicuous. If
there be a reasonable doubt in this
case on the evidence, this donbt must
be thrown into the balance for the
defendant. A danger lies in the re
Imarks of counsel which might take
your mind off the direct issue. You
must avoid this danger."
The recorder described the two de
gress of murder and manslaughter in
the first and second degrees, which, he
said, he apprehended by the requests
to charge was thought by counsel to
be appilicable in the case, and proceed
"I understand that there is no claim
on the part of the defense that if the
defendant committed this homicide it
was either justifiable or excusable. I
also understand that the defense claims
that the crime was murder in the first
degree or nothing. But you are not
bound to accept the arguments of
counsel as to the nature of this crime.
You are the judges of the facts, if
there was murder, and in what dagree.
The crucial question Is: 'Did the man
kill himself or did this defendant fire
the fatal shot?'
"If the accused fails to take ad.
vantage of her privilege to make a
defense, under advice of her counsel,
her failure to do so must in no way,
be held against her.
''Much has been said relating to the
motive which actuated this defend
ant, " he continued. "The prosecution
claims that she shot the man because
he had cast her off as his mistress.
But it is not necessary to prove mo-I
tive to convict of murder. If It is'
shown that a motive existed, then it
tends to support the circumstances.
But to do this motive must be prov
ed, not Imagined."
Before giving the case to the jury,
Recorder Goff ruled on the requests
to charge interposed in M~ss Patter
son's behalf. He refused to submit one
of the requests, saying it would be a
directio:1to the jury to acquit the de
rendant. He told the jury, however,
that they might disregard the testi
mony of Julia Smith if they tuought
in right to do so. He also refused to
charge requests concerning Pawn
broker Stern and the failure of the de
fense to call J. Morgan Smith. He said
that claims on either side were not to
be considered as evidence.
After going over the requests, one
by one, Recorder G ,ff told the jury it
was not necessary that there should
be direct and positive evidence as to
averything and it was sufficient that
the facts be proven.
"If you believe that it was a phy
sicial impossibility, so far as the na
ture of the wound is concerned, for
T(oung to have shot himself, then that
s a fact," he said, "but you must re
member that one inference cannot be
proven by another inference.
"If you believe the defendant fired
~he shot without deliberation or in-t
ent to kill, b.it in a moment of pas
iion, then you may find her guilty of
)ne of the other degrees of manslaug
er. In reaching your conclusion you 1
nust not be swayed by sympathy crc
oher influence." This Is the the sec- I
>nd mistrial in the case.t
On Serious (harge.
Jack Miles, a negro, was jailed at
C'homasville, Ga., on Wednesday, 1I
barged with attempted assault on t
i1rs. Belle H. Parker, of Chicago, on e
larch 21. The crime occurred at v
'Wildwood," the southern home of v
Japtain H. Thorndee, a Chicago h
alilionaire. Mrs. Parker was in the d
oom when a bullet crushed through b
he glass, two iches from her head. e:
'he officers claim they have evidence 31
o convict Miles, .nd say his motive tt
ras to drive John B. Knowlton, the 'I
roman's father, from "Wildwood." p:
ither negroes are Implicated In a bi
nspiracr to this end
The Rapid Growth of the Industry
in the South.
Pinehurst Gardens at Summerville,
in this State, Furnishes a
Prize Taking Product.
The Pinehurst gardens at Sum
merville in South Carolina have shown
such success in the cultivation of tea
as to attract the attention of the
country. The leader in this work is
Major R. D. Trimble, a native of
New York State. who has been con
ducting experiments in tea growing
and has succeeded to a degree so re
markable as Indicate a wonderful de
velcpment of tea growing in the
southern part of the United States.
For generations is has. been sup
posed that tea could De grown only in
China and Japan, but of late years
India has developed a large tea-g'ow
ing industry, and within 30 years Cey
lon is very much engaged in it, and
now it is transferred also to the
United States. In fact such chills as
are in the winter air of South Carolina
but improve and help the plants, so
that in luxuriant growth American
tea gardens are in advance of the
average Asiatic garden, and natives
of Japan who have visited Pinehurst
have expressed their wonder at the
splendid growth and production of
the plats in that vicinity.
It is the- handling of the tea crop
that makes the different varieties and
makes them more or less valuable.
The supposition that there are differ
ent kinds of plants themselves from
which the varying qualities are gath
ered Is a mistake. It is in the early
and the later gathering and in the
maturing of them that the high quali
ty, or inferior quality of tea is de
The imports of tea in this country
cost about fifteen million dollars a
year. The expansion of the tea grow
business in the South is so rapid as to
lead to the belief that the American
market may be supplied with domes
tic tea before many years have passei
-time being required chiefly for the
growth of the tea plant to bring it to
bearing conditions as well as to edu
cate those who work in tea gardens to
do so to the best advantage.
The treatment of the tea from the
picking through the sortir g and up to
the firing, as it is called, is familiar.
This urocess Is shown at Pinehurst
and is of very great interest.
A wide stretch of country is cov
ered by this beautiful growth, and af
ter the American fashion the fields
are adorned with flower bushes and
foliage plants so that it Is more like
an exquisite private park than like
an ordinary farm.
It is recognized that Pinehurst tea
is of the very finest grown. At the
Exposition at St. Louis the Oalong
from Pinehurst tcok first prize in
competition with the finest brands of
tea from the old world.
The Department of Agriculture of
the United States Is taking the great
est interest in the development of tea
growth and manufacture, and the aid
it has given has been a very impor
tant factor in that work. This is
only one of the scores of Instances In
which Secretary Wilson, the head of
that department, has shown himself
to be conducting It on the broadest
lines of Intelligence and enterprise
and far -sightedness. The triumphs
achieved under the leadership of Sec
retary Wilson in the last six or eight
years have made a new record of suc
cess in the department and placed Mr.
Wilson at the head of secretaries of
Pinehurst tea farming is far past
the experimental stage. It is more
than a mere culture and is beccming
an established occupation. It Is also
not an excsptional thing possible only
in the vicinity of Summerville. It
has taken root there because of the
enterprise of citizens resident cf South
Carolina, who first studied the condi
tions of soil and climate favorable to
tea growing and then decided that
the required conditions are admirably
met in lower South Carolina, and
especially In Dorchester county. Ex
periments in tea growing in other
parts of the South are already said to
be producing good results, and a com
paratively new Industry is added to
the list that makes the agriculture of
the United States the most remark
able in the world in its range of pro
ducts and vase aggregate In volume,
and furnishes a new source of wealth
to that section of the country fast be
coming the garden of civilization.
Gave Bimseel Up.
At Spartanburg Surup Nance, who
fired a pistol shot at Asha Bishop sev
eral days ago, but. who killed
little Lillie Quinn instead, has
surrendered to Sheriff Nichols. He
went to the home of a relative,
Joe White, near Cherokee Springs,
and expressed a desire to give himself
ito the hands of the officers of the
law and White accompanied him to
the city. Nance is now in jail. The
racts in the case are familiar to the
readers of this paper. On Saturday
iigt about two weeks ago Nance and
Bishop engaged in a difficulty in the
West End section of Spartanburg.
phey were near the home of Lucius
ainn and when Nance fired at Bish
sp, the 8-year-old daughter of Quinn,
ho was playing in the yard, fell with|
L bullet in her brain, causing a wound
~rom which death ensued a few hoursi
ater. Nance escaped and has been In
2ding since the tragedy until he sur
Accidentally Kil ed Himself.
Gus Wallace, colored, accidentally
hot and killed himself Sunday night,
hile returning home from a negro
turci, near Fair Forest, carrying a
louble barreled shot gun. At the
ime the gun was discharged he had
.ighted from the buggy and was
uarreling with some negro on the
'oadsde. As he atteirpted to regain
ds seat in the vehicle the gun was1
isharged and the entire lcad of one
iarrel entered his left breast, pene
rating to the heart.
Crc~w of Six Lost.
The fishing schooner Florida was
ast In a hurricane near Campeachee
anks about ten days ago and that the
ntire crew consisting of six men,
ent down with the vessel. There
rere twelve or more vessels of a simi
Lr character anchored in the imme
late vicinity and each parted Its ca
le and went adrift. Some of the fish- ~
rmen of other vessels saw a big sea
:rike the Florida. Her lights swayed ~
one side and then she went down. ~
'wo of her small boats were later V
icked up by another fishing schooner f ~
:twan alveston aon New Or
SOLICITOR HENRYS BAD BREAK.
Employed the Wrong Man to Work
Up the Kershaw Lynching.
Solicitor Henry made a "bad break"
in employing Henry Howie to work
up the evidence against the lynchers
of John Morrison at Kershaw last Oc
tober, and which culminated the other
day In the sensational arrest of Ouch
prominent men sccially and in a busi
ness way as Stewart W. Heath, John
L. Stevens, W. E Belk, Dick Belk,
Durweil Truesdale, J E Holden, S. F.
Gardner, Jr., H. J. Gardner, S. W.
Wealsh, Frank Hough, alorg with a
negro named Tom Shot Jones. At
the preliminary hearing before Magis
trate Caskey at Lancaster Friday,
Howie, who had skipped out, was put
on the "gridiron" by the lawyers for
the defense, who denounced him as a
fraud who had spent State's money in
joints in Charlotte, Atlanta, Chester
and elsewhere and had caused the ar
rests for nothing.
The solicitor admitted he had no
witnesses and he shouldered the entire
responsibility for employing Howie
but he urged the magistrate to con
tinue the case until Wednesday, as
Howie had promised to produce the
evidence by then. He admitted the
arrest of the men was a surprise to
him, but said he had been given to
understand that it had been done to
prevent the defendants from deflect
ing a certain important State's wit
ness whom they were after at the
time of the arrests The case was
dismissed and the cases against others
for whom warrants were out were
nol-prossed by. the solicitor.
The statement below is said to be a
fair sample of the means used by
Howie to get testimony in the case.
In an interview with the Charlotte
Observer Spencer J. Croxton, of Ker
shaw made the following statement:
"Two and a half weeks ago Mr. J.
W. Austin, agent for a sewing ma
chine, wrote me to come to the Cen
tral Hotel here at his expense. He
told me to go to Mrs. Plyer, of Ker
shaw, to get the expense money. She
gave it to me all right, $2. I thought
he had a job for me, and I came to
"I went to his boarding house on
Graham street, No. 901, but failed to
find him. I came then down street
and met up with S. F. Hough, whom
I knew, and went with him to get
cold drinks. He introduced me to H.
B. Howie, a private detective. I
played a game or two of pool, with
him, and went to talking to him. He
said he wanted me to go down to
Chester and play a game of poker
with him. He said it would be all
correct; that I would go under the
name of "Mr. Spencer," and nobody
would know. So I went. We played
all night that night and I won money,
and next morning we came back to
"I met Mr. Austin on the street
before the Central and talked with
him. That night I got Into a game
and played poker here a day and a
night, and then went back to Chester.
I was still winning. Af ter one night's
play at Chester, Mr. Howie suggested
that we go to Atlanta, and 1 agreed.
We got there at 8 o'clock next morn
ing. He and his friends carried me
to a saloon and began filling me with
all sorts of drinks. We drank and
drank, and then went and sat on
trucks near the depot. There came
to us two coppers, who arrested me
"Come on and go with us, they said.
"What's the trouble, gentlemen?'
" 'Come on,' they said.
"So they took us and threw us in
jail and left us there from 9 a. in.,
till 5 p. in., the following day. They
would not let me write to my people,
and they were trying to connect me
with the Kershaw lynching. Then
came Howie to me in person and pro.
posed: He would turn me out and
give me $3 per day and expenses and
long as I wanted to work to go along
with him and assist him. I told him
I would take him up, and so he let
"He carried me to supper, gave mhe
plenty of beer and, after a good time,
we took the train for Chester and got
there Sunday morning a ~ week ago.
Howie sent for a lawyer, one Newbold,
and had him to draw up my affidavit
as to whom I saw at the Morrisoni
lnyching and who helped do it. I
swore that I was with the crowd, but
was there, not by design, but only by
accident. I saw the thing going oni
and through curiosity I went to see'
what was doing, and that Is how I
saw the lynching. I didn't know any
thing of the plan at all.
"Well, we went to Howie's home
and stayed there a week. He or
Hough or Will Moore stayed with me
all the time. Howie tried to get me
to go out and hide In the country to
keep the sheriff or somebody else from
getsing me. But I wouldn't go.
"Last Sunday evening Howie sent
me and Will Moore to Waxhaw and
e sent Will Moore to hire a team.
He said that Sheriff Hunter was in
Monroe and that he wanted to get
awaydfrom him. He wouldn't let us
take the buggy to town, but made us
walk out and mount In the country.
Howie, Will Moore and I went in the
buggy to Howie's father's, eight miles
away. We stayed there two nights
and one day.
"Yesterday morning we hitched up
and drove to Stours, arriving there an
hour and a half befcre train time. We
sat out on a pile of cross-ties and
Dalked to pass time. After a while
we saw a carriage coming, the horses
t a lope.
"'Louk yonderI Run! Howie, cried
mnd leapt from his pile of crossties
Lnd broke for the woods. I followed,
or I didn't know it was my own peo
le. When we got to the woods we
nade a halt. I saw the nigger hitch
,he horses and saw the men coming
~oward us. Howie clapped his hand
rn his hip just at the moment when 1
ecognized my brother.
"'Don't shoot my brother,' I told
"He said all right.
"My borther came up, and pretty
on my father. They told him they
vere after me.
"What do you want with him?
"It diaesn't make any difference,'
ny father answered. 'He's my son
,d I'm going to have him.'
"Howie said it was very good; that
Le had no objections; that there
rould be no hard feeling.
"So we all came to Charlotte. When
re got off and were talking about the
epot, Mr. Howie went to a copper
handing there and commanded him
a arrest me for murder. The copper s
aok me and carried me to the police o
bation. I stayed there until the c
yictor agreed to take my father's ']
rord to have me at the preliminary a
earing at Lancaster next Wednesday. d
then they let me go."
oxten when he made the abova ,t
statement was accompanied by his
father and his brother, who, The
Onserver says, "were all well-dressed,
well-spoken people, and a view of them
suggests the seriousness of the busi
ness ahead. Spencer Croxton is eigh
teen years old and quite a handsome
lad. The distressed -father would
have had more difficulty in discover
ing the whereabouts of his boy had it
not been for the efficient assistance of
Detective Maduras, whtse offices
placed Spencer at Waxhaw and caused
the father and brother to be there at
the right time." From this state
ment itwill be seen that Howie at
tempted to manufacture testimony
against the accused.
What Director Bauer Says About
Cro e the Past Week.
The week ending Monday, May 1st,
had practically normal temperature.
Though the first of the week was
cooler than usual, the last few days
were very warm, with maximum tem
peratures above 80 dsgrees on the
There were rains on the 26th, 27th
and 29th, with hail in a few places,
and destructive high winds in Union
and Saluda counties. The precipita
tion averaged somewhat over an Inch
for the State, though. many places re
ported less than an Inch, but over the
entire State enough moisture was sup
plied for the present need of all crops
and for germinating recently planted
seeds. There were excessive rains ia
the central and eastern counties that
delayed farmwork from one to three
days, but, as a rule, the precipitation
was needed and proved very benefi
Plowing and planting were inter
rupted, but made fair progress with
the soil generally in excellent condi
tion. Cotton planting is more than
tbree-fourtts finished, and early plant
ings are coming up to good standsg~
some cotton has been chopped In the
eastern counties. There- has been
some replanting done in the central
counties where the nights have been
too cool. Corn planting is now con
fined to bottom lands, and generally
to the western counties. Early corn
has good stands but is being severely
damaged by cut and bud worms, ne
cessitating considerable replanting.
The corn that was cut down by the.
recent frosts is coming out again and
will not need to be replanted. Early
corn is being cultivated.
The wheat crop is beirg damaged
by the fly In several northwestern
counties, but is otherwise promising.
The oats crop was scarcely injured by
the frosts and, with exceptions In the
southeastern counties, is in a promis
ing condition though heading too low
Truck was greatly benefited by the
showers of the week and Is promising,
except peas which were injuredby the
cold weather of February and again
in April. Some white potatoes were
completely destroyed by the frost,
while tIe larger portion of the crop:
1s making a new growth. Large
shipments of strawberries are being
Protected peach and other 'fruit
trees were only lightly touched by the
frost of the 17th of April, in the ex
treme northwest, while exposed trees
had all their fruit killed; the damage
is less in th'e central counties and very
small In the eastern one. Apples are
not promisirg. Pear trees are blight
ing badly. Rice planting has not yet
begun in the Georgetown district,.
arid is' about finished in other dis
tricts.' Tobacco transplanting is well
advanced generally, and finished in a
few sections. Melons and other minor
crops are now doing well. Pastures
afford excellent grazing. The season
is from one week to 10 days later than
Another Mine Horror.
Sixteen men were killed and one
will die as the result of an explosion
at the Eleanora shaft near Big Bun
Pa., Friday night.. The mine is own
ed by the Rochester and Pittsburg
Coal and Iron Company. The nighb
shift was small or there would have
been more fatalitizes as every man -
was In the mine at the time of the
explosion, except one Is rep',rted kill
ed. Three bodies were recovered, two
of them were brothers named KIrk
wood. The men were English speak
ing and resided at Eleanora, a small
mining village .two miles from the
At Omaha, Neb., three persons
were killed Wednesday and six injured
by the collapse of a three-story build
ing at 13th and Grace streets. The
building was occupied by the Omaha'
Casket company and the killed and
Injured were employes of the concern.
The collapse of the factory was due
to a heavy wind storm, which near
the factory assumed thie proportions
of a small tornada. A terrific storm
of rain and hail followed the destruc
tion of the building several inches of
water falling in a short time.
Pound in Pasture.
The dead body of John Fogarty was
found Thursday in a pasture one mile
from his home, near Woodbury, Ga.
fr. Fogarty left home in the morn
ing with the intention of going to
greenville. Mr. John W. Williams
:me-by Mr. Forgarty's home to see -
aim, but not finding him, Mr. Fe
arty's family began a search and
ound his body with a pistol by his
ide. It Is supposed he committed sui.
ide but no cause is given for the act.
An unusually tragic death was dis
sovered at Union on Friday morning,
when Thomas Howze, the son of a
prominent business man, was found
lead in a gasoline house. He had
poen Thursday of being sic'r, and It
s supposed that descending. the few
teps into the tank pot, the fumes of
ihe gasoline overcame him. He was
lot found until hours afterward.
Paced Death Smigly.
Greely Philips, a negro murderer3
vas hanged at Newman, Ga., Friday
.nd the execution was the first tha
ss taken place in the county in 30
'ears. Greely smiled and said:
Farewell, my good white friends."
Te thanked Sheriff Brown and Jailer
tsabrook for their kindness to him
nd shook hands with the preachers.
Nan Stood Ordeal Well.
Tuesday in the trial of Nan Patter
on, Prosecutor Rtnd spared no detail
f the girl's unfortunate life, and told
f the tragedy as shown by the State.
'he chorus girl flinched many times
t the directness of the attack; but
espite the glare of the observers who
warmed the court room, she stood
he real wrell.