The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1893-02-22
NANCE HOMBVARD. BOUND.
THE SHERIFF OF ABBEvILLE PURGED OF
CONTEMPT.

From Contempt-The Sheriff Tells
the Tale Himself - The Order I'm
Full.
Register.
The railroad "situation" is still the almost
all absorbing topic of Interest and conVersa'
tion in the city.
part Of the State upon the case TO be appealed.
That IL will be appealed to the Supreme Court
at Washington Is as certain as anything hu-
man can be.
Both Attorney General Townsend and Hon.
Irn B. Jones were in Charleston all day yes.
terday Major Townsend returned last night,
and he says he and his associates have been
closely occupied In preparing the case upon
course. very properly declined to state what
grounds the appeal will be based upon, or, IN,
deed, to go into details of the contemplated
litigation.
give out regarding the situation, and merely
reiterated the declaration made by him at the
beginning OF the fight, viz: 1--WE are going TO
carry It through to the Supreme Court OF the
United States, Just as we have intended doing
all along. We will fight the case to the last
ditch"
The Governor is just as confident OF final
and complete victory as he has always be- been, n,
the railroads will be compelled to pay in full
the taxes they have been dodglng and are
now fighting against paying.
It was rumored from Charleston during the
day that Influences were at work there In be.
half OF the railroads. trying 10 cripple the
state In such manner as would prevent an
appeal heing made to the Supreme Court.
Nance OF Abbeville county had purged him.
self of the "contempt" OF which he was ad.
Judged guilty by Judges Goff and Simonton
very conflicting, and therefore Major Nance's
version Of II will be Of great nterest- He ar.
rived from Charleston on the 1910 train and
remained in Columbia over night He will
proceed 10 his home in Abbeville this morn.
When seen by Register reporter, Sheriff
Nance made the following statement, which
when read over TO him, was pronounced by
him to be correct, viz:
According to orders from Mr.. Cunningham
the Sheriffs have been reporting at the mar.
Shal's office every morning at 10 o'clock. This
Saturday morning when we reported there
the marshall told US TO report at 10 O'Clock
Monday morning.
SHERIFF NANCE CALLS ON JUDGE sIMoNToN
his REPORT OF WHAT OCCURRED.
After leaving the marshal's office went to
the Clerk Of Court Hagoods Office to have my
In the Ganahi~Port Royal and Western Caro- m
lima case, which account the court some time
ago ordered paid.
While in Mr.. Hagood's office casually In
personal friend OF mine. was informed that
he was In his Office Just adjoining Mr.. Ha
goods office, and as matter OF simple friend
ly courtesy l walked In 10 speak to him. =
In the course OF our chat Judge Simonton
asked me about the circumstances attending
my case, and related them az follows:
On February 8rd, last, an execution was
placed in my hands TO levy upon property o.
, ha Co1 Roll
pany to pay a balance OF taxes still due fol
| the year 1892 On February 4th, last, got up
on an engine, and said to the engineer. I levy
upon this engine for unpaid taxes OF the Col
umbia and Greenville Railroad Com pany fol
the year 1892 and 1 required him 10 side
| track the engine.
I also told the engineer that committed
the engine TO his charge In order that DO dam
told the railroad agent to report the levy
| to the proper authorities OF his company. III.
asked my permission to SHIFT the cars attach
ed TO the engine, which permission gave
and the shifting was done; after which the
engineer ran the engine upon side-track.
TO show that felt and intended no con
tempt for the order OF tn the CO. court, ] took tn!
| them take dinner with me. found then
perfect gentlemen.
/ then lefl Judge Simonton. and went bach
to the hotel W here was stopping In Charles
|
senger from the court came to me and told M
to return to the court house. returned
there, and Judge Simonton handed me tht
| following order: .-.
SHERIFF NANCE rs PURGED.
The United States OF America. District o
| South Curoina, Fourth Circuit-In Equity
Elk parte Frederick w. Huidekoper and Reu
hen Foster, as Receivers, Petitioners, VS.. F
w. r. Nance. Sheriff Of Abbeviile County
and J. r. Blake. Treasurer OF Abbevillt
In re William p. Clyde and others vs.. Rich
| mond and Danville Railroad Company.
F.W. r. Nance, Esquire, sheriff of Able
| Vile county, having come before the court In
his proper person, aud having stated In detail
his action connected with the levy In this
case.
And It appearing from this statement thai
| he iE fact made d levy on q locomotive only
and did not attach any other property. That
he made no obstacle whatever TO the delivery
of freight on the train to which the locomo
tive was attached, nor to the use of the loco
motive In changing cars for this purpose
That he permitted an agent OF the railroad
company 10 remain In care of the locomotive
And that all that he did was 10 full belief that
construction OF the order OF this court and
not in con tempt or defiance thereof, which he
disavows.
II is ordered, That he has thus purged him.
self OF contempt a. required IN the aiterna ma
him in custody OF the marshal; and Is dis
charged from such custody. This order not
to be construed as revoking any other part oi
the said order above referred to-
=, =, Charles H. Simonton,
18th Feb, 1923. United States Judge.
True copy: j. E. Hagood,
G. C. c. U. s., Dist. Of 8. c.
THE JUDGE misunderstood SHERIFF. NANCE
After receiving the order I asked Judge 81,
monton II my acceptance of the order would
In any way compromise me. He replied that
ii would not.
Upon reading the order thought 1t relieved
me or the fine Of $500 as we'll as the ICON.
tempt" When I visited my attorneys imme.
dialeIy afterwards they, with the exception ol
Mr. Burke, took O similar view. Owing 10
Mr. Burke's opinion i returned to the court
house. but Judge Simonton had gone home.
Mr.. Hagood, however, informed me that the
order did not relieve me Of the fine. Iagain
went to my lawyers office, and Mr.. Burke re.
peated the inquiry to Mr.. Hagood by tele.
phone. and he received the same reply that
had just been given me,
In conclusion, Mr.. Nance said that the or.
der was entirely unexpected on his part.
The Illness OF Sheriff Tyler OF Aiken coun.
ty, and his return home, now leaves Sherih
VI, w. Riser of Newberry county alone In
Charleston TO "hold the fort"
TO