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The Newberry herald and news. (Newberry, S.C.) 1884-1903, September 18, 1903, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn93067777/1903-09-18/ed-1/seq-1/

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MIALsE 86.NWEIY, S. C., FRIDAY, SEPTEMBER5 8,108 'IPW1rm Ar-1] 5
Contention that Judge Townsend is not
Eligible to Preside-Good Deal of
a Legal Tangle.
Owing to the sickness of Judge
Gage, who according to regular ap
\pointment was to be the presiding
jQdge at the fall term of the Lexing
ton court, Chief Justice Pope some
time since issued an order appoint,
'k ing Judge D. A. Townsend' to hold
the term of court for Lexington
county which convenes on Monday,
Pieptember 21st. On account of the
fact that the case of the State vs.
James H. Tillman, charged with
murdering N. G. Gonzales, will be
tried at this term of court, unless
postponed, the appointment of Judge
Townsend created a great deal of in.
terest throughout the State.
Judge Townsend's regular appoint.
ment for tbe year would have carried
him to Winnsboro on September 21st,
to hold the regular term of court
for Fairfield county, which convenes
on the same day as the court for
Lexington. Counsel for the State in
Tillman's case thought that t he status
was quepliinable. They, therefore,
brought a motion before Chief Jus
tice Pope, in Spartanburg, on Mon.
day, submitted by Solicitor Thur
mond, objecting on a technical ground,
and for no personal reasons, he said,
to the appointment of Judge Town
send as judge for the Lexington
court. Mr. Thurond stated that
the court at Winnsboro convenes on
Sept. 21st, the sam 3ato as the
court at Lexington, and it appears
that Judge Townsend is assigned to
hold the Winnboro conrt. In addi
tion at the Lexington court there
will be sonie six or seven homicide
cases to be disposed of, he said. In
the opinion of Solicitor Thurmwnd,
it would require about two weoks to
try the Tillman case and this
lengthy period of sessions, with Judge
Towns.end prestiding, when it was lin
irregularity of the schedule of courts
and judges, would possibly render
questionable any verdict reached in
the case. There was no personal
objection to Judge Townsend, but a
mere technical point as to whether
he should sit at the Lexington court,
when the regular appointment of his
circuit would place him at Winnsboro
tat the timo. The Cherokee court,
Mr. Thurmond stated, would also be
affected by this irregnlarity; it con
venes on Oct. 5th.
The chief justice atated that he had
received telegraphic and other notifi.
cation to the effect that the Winns.
boro court requested a postpone.
'>men., and that a special term be
given; he said that the entire bar had
joined in this petition. This re
muoved the possibility of the Lexing
.ton court and Winnaboro ccurt com.
7ing at the same time. Solicitor Thur
mnond said that the Cherokee county
7court would be affected, convening
on Oct. 5th, while the Lexington
-ourt must dispose of five or six horn
L iide cases, not including the T1ill
'~Aan trial. This obj. etion Chief
t<'isti ce Pope insisted, might b)e over
Come. The chief justice said that
the attorneys for the defense had
fstated that they wished to make no
expression of opinion in the matter,
when notified that it would come up
today for hearing; and he added that
t ~story was a different one last
wek when they had requested to be
p~et at any hevAin' in order that
~ ides he represeuted, At the
6nlasion of Mr. Tlhurmond1's re
* arks, the chief just.ice stated that
;e would act later in the matter,
'jWter fully investigating the state of
aif,rs. Theie was no intimation as
to when he would announce his de
In the meantime thief .Justice1
*Pope had wiredl from Spartanburg
to Governor HIy waird asking thait
~~:Jud(ge liet be appjoinIted( to hold(
th ~e court inI Ketrshaw counity,whc
Sbegan on last Monday. Ke*rshmaw is
in the same circuit as Lexington, and
it was thought possibly that .Judge
Benet would be allowed to contmnue
'throughout the circuit, thus holding
the Lexington court. Bunt it seems
now that such was not the intentioi
Special to The State.
Winnsboro, Sept. 15.-The men
bers of the Winusboro bar whom
saw this morning-and, I saw a me
jority of the active members of th
bar---were all surprised at the state
ment published from Spartanburl
that the Winnsboro bar had petitionei
Justice Pope for the postponemen
of the regular term, and the appoint
ment of a special term. They wer
all unanimous in the statement ths
no such petition- had been sent, an
on the contrary were emphatic ii
their staterpent that the majority, i
not all of the members of the bar o
Winnsboro not only did not want th
regular term postponed, but the
wished it held, and wished it hel<
by Judge Townsend and no one else
The real status of the situatiot
given as nearly as possible in th4
composite language of several mem
bers of the bar, is that the bar wat
put into a state of uncertainty by th(
announcement last week that Judg(
Townsend had been appointed t<
hold court in Lexington instead ol
Judge Gage. They knew that Judg(
Townsend was scheduled in accord,
ance with the provisions of the con.
stitution and statute law to hold couri
in Winnsboro, at the same time that
court was to be held in Lexington,
They were aware of the constitutional
objections to any other than the pres
ent judge of their circuit holding
court in Winnsboro, 1hen the judge
of that circuit, Judge Townsend, wa
able to act. They were aware that
neither Justice Pope nor any other
authority could postpone, or call off
a regular term of court, that the
court would have to be opened each
day by the clerk and adjourned from
day to day for two weeks even in the
absence of the judge of the circuit,
or that the judge of the cironit would
have to open court himself and ad
journ sine die. Hence at a meeting
of the bar held some days ago, with
this knowledge and with the matter
of Judge Townsend's appointment
to Lexington not yet absolutely set
tied, the bar simply decided to await
developments, and took no action.
But as stated above by Senator Rags
dale, and by others to me personally,
there was the evident desire on the
part of the majority of the members
of the bar that the regular term be
held, and that it be held by no one
else than Judge Townsend to make
it legal and proper.
The members of the bar. with whom
I talked were at a loss to under
stand how the impression had been
oonveyed to Justice Pope that they
desired a- postponement of the regu
lar term, as the only communication
any of them had with him was a per.
sonal letter of inquiry from Mr. J.
E~. McDonald. Mr. McDonald did
act have a copy of his letter, which
bie said, however, he would be glad
to have published. He had inquired
>f Justice Pope as to the assignment
f Judge Tfownsend to Lexington,
md had stated that if Judge Town
iend was not to come to Winnsboro
!or the regular term, that no one
aise be sent, but a special term be
1eld the third Monday in October.
Baby Carriages as Baggage.
Solicitor J. M. Johnsotyhuadwritten
.0 Attorney General Guiatersin refer.
'nee to a bill that was-introdnced in
~he General Assembly at its,lasb. 808
iion requiring raigaoads to carry baby
sarriages as bagpge.- Mr Johnston
itates that he has receivedi several
omplaints from lbarties asking why
he law was not othforced.
Attorney Geneygil:Gunter has looked
ip the bill referred to and found that
t passed the House of' Representa
ives, but was continnd,by the r
ie untt it s next sossioni. Tlhi Aitor
icy (General somec ti mu. ago, ruled(,
mnover, that baby carringes should
>e regarded as baggage whomi they
ire carriedl by a passonger, for the
se0 or comfort of a ninber iof his
amily on their journey. In--such
amnos the railroadsf are. required to
~heck them.
Much Damage to Crops and. Fruits
Wrecks Along theCoast-A Num
ber of Lives Lost.
Jacksonville, Fla., September 16,
A terrific hurricane swept over mid
e die and south-west Florida the latter
. part of last week, its greatest strength
9 being felt on Friday and Saturday.
I Owing to the fact that it was for
several days impossible to get trains
through on account of wash outs and
all the telegraph and telepohne wires
t were blown dow;n, news from the
storm-swept district came in very
Probably half of the orange crop
was out off around Tampa and one
fourth on the east coast. Great
damage was done to growing cotton
and the turpentine industry was
seriously injured.
Two lives were lost in Tampa.
Louis Baron, a cigar-maker, was
struck by falling timber, and T. Y.
Hunnicut, a motorman, was fatally
shocked by a live wire. Buildings
were blown down, the total property
loss at Tampa being estimated at
At Palm Beaol serious property
loss was suffered, the opera house
and a nun ber of other buildings
being blown down.
Three negroes were killed by fall
ing timber at Gainesville.
The phosphate plants at Mulberry
were greatly damaged; Bartow and
Phosphoria suffered serious property
loss. "
The loss to the orange crop around
Zolfa is between 25 and 40 per cent.;
the property loss about $10,000; one
life wav lost.
Great numbers of vessels were
wrecked along the coast, with little
loss of life.
Specials from Opeleika, Eufaula,
Ozark, and other points, tell of great
damage in Alabama. Houses were
unroofed, trees uprooted, and great
damage done the cotton cIop.
A dispatch from Moultrie, Ga.,
says a cyclone from the south-we
struck the northern part of the town
at 2 o'clock Tuesday morning, and
caused damage t o the amount of about
$30,000. No loss of life.
Items of More or Less Interest Condensed
In the State.
The body of Private John ZR. Keith,
with three hundred and two other
dead soldiers from the Philippines,
was brought to New York and shipped
to his horne in Oconee county this
The sheriff of Saluda county who
was placed in jail charged with mur
dering a negro on the streets of his
town recently, has ben granted baill
in the sumi of $1,000 by Judge Town
A negro. at North, near C->lumbia,
has invented a gate which can be
used to prevent stock from getting
out of pastures when Open, and which
permits them to go from one pasture
to another across the road when the
gate is shut.
Charleston's latest dispensary muss
is due to the election of W. H. WVho
lers to be beer dispenser. It is
charged that he has been convicted
of violating the dispensary law, and
the law forbids any one convicted of
its violation ever after to serve as dis
A young negro named Stence
Wise was killed on the Mt. Willing
roadl in Saluda county on Saturdlay
night. No clue has been0 found to
the man who committed the deedl.
It appears to have beenf a b)rutaul riind
unprovoked shiootinIg of ani inoiren
sive negro boy3.
Actinig P~oatisiaster' (Genai. ii ris
'ow hass promised Senattor Clay of
Georgia t hat none of the free rural
mail dlelivery rou tes [no v inl operatLion
in the South shall be dliscontilnued.
There has been a feeling of alarm iln
some sections owing to the threatened
curtailment of the service.
Items of More or Less Interest Condensed
Outside the State.
Two Alabama farmers convicted
Of peonage and sentenced to terms of
imprisonment have been pardoned
by President Roosevelt.
Mrs. Louise Tideman, at Gull
Point, near Pensacola, Fla., on Wed.
nesday, while shooting at a hog, shot
and killed the little daughter of her
C. H. Wegner, a Prussian piano
tuner 76 years old, committed suicide
in his apartments at Richmond on
Tuesday by hanging himself. He
was in bad health on account of in
Secretary of the Treasury this
week designated about fifty national
banks in various parts of the country
as depositories of public funds and
ordered about $4,000,000 deposited
with them.
Two men were killed and many
others injured by an explosion of
dynamite in a freight car at Bay
City, Mich., on Sunday. The ex
plosion was caused by the engine
backing against the car to couple.
There was a pretty exhibition of
mimic warfare off Newport, It. I., on
Tuesday, which demonstrated the
importance and the effectiveness of
the navy's submarine boats. The
submarine torpedo boat succeeded in
torpedoing the torpedo boat Craven.
William Williams, a negro labor
leader, was lynched on Main street,
in Centreville, Miss., on Tuesday,
for killing a white man who hand
remonstrated with him about his
con(kict in employing negroes for
contractors in other parts of the
State and enticing employes to leave.
The dead body of a young white
man was found this week in a freight
car in 0harleston, W. Va., loaded
with watermelons. The car bad
been shipped from Richmond. The
young man had evidently been dead
several days. His skull was frac
tured and the pockets of his clothing
were turned inside out.
A number of scandals have been
unearthed in the management of the
Eastern State penitentiary at Phila
delphia. The latest disclosure is
that the prisoners have been illegally
coining many minor silver pieces of
money. The molds, it is said, were
made of plaster of paris, scraped
from the walls of the cells.
The report of the engineer oflicers
of the army concerning the proposi
tion for an inland water route be
tween Norfolk, Va., and Beaufort
Inlet, N. 0., recommends that the
route be constructedl, the cost being
estimated at about $10,000,000. The
proposed construction of this route
is a matter of vital concern to all At
lantic Coast States.
It is reported from St. Paul, Minn.,
that there have been heavy storms
in the North-west this week. The
losses amounted to $250,000 a (lay
for several days, and there were sov
eral fatal railroad wrecks, numerous
derailments, wash-outs, telegraph
wires oroken down, a soaking rain in
progress over several States, and
snow-plows working on the western
railways. It has been years since
there was a situation so serious.
The steamer New Orleans, Balti
more to Savannah, was dlisabled ofT
Hunting Island, S. (., Sunday night
during the great F'lorida storm with
25 passengers on board. The Dutch
steamship Voorberg, passing, was
hailed, but refused to stop. When
the New Orleans finally reached Sa
vannah the Voorberg was passed in
the harbor anid was his~sed by I he
passengers of the Newv Orleansp.
T1h ree mnen--thle t.h eril andiI( his
dleputy uand a mian kiown asM McVagle,
who had jusHt boo arretd out a
kilIled at the jail at I'fui , Tex. TIhe
uflice.rs w. r.' jst abou,It to search the
prisoiner before incarcerating him
when he opened fire, mortally wound
ing both oflicer.i. The sheriff, while
falling, drew his pistol and shiot at
the prisoner p)oint blank, killing him
One of the Fullest Lines c
DISE Ever Brought 1
Rcalizing the Fact that t
this Fall was going to
We have put in an Ext
and we take a Just P
it is the Best and FulIest
and that is Sayi
Our Friends a
To Come
We Will Be Glad To See. The
They Want
Clothing, Dry Goods, S[
Groceries, Candies.
J. V PIJ 4 j, VJ& Y j jjf I MI
:o Newberry County.
he High Price of Cotton
make Business Hum
raordinarily Large Stock
ride in the Fact that
Stock we have ever had,
ng a Good Deal.
n ITE -
ad Cus tomers
and See.
mU Whether
To Make A Purchase Or Not.
oes, Hardware, Cutlery
In Fact Everything.

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