davidaulloa/AmericanStories huggingface dataset:
Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-10-11

Or any disease of the throat and
lungs. try Begg's Cherry Cough Syrup.
IL relieves where all others fail. Sold
and warranted by A. w. Foreman.
Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-10-11
NEWS AT FORT SMITH.
COLLECTED BY OUR SPECIAL
CORRESPONDENT.
A Few General Notes and an
Especially Interesting Budget
From the q. 8. Court
Now In Session.

Mayor Hoffman, Monday after
noon, drove the silver spike in the
electric railway that is to connect
Fort Smith and Van Buren,.
Judge Parker has over-ruled
Famous Smiths motion for re-
lease from custody and his attor-
neys have filed their exceptions.
The case goes back to the supreme
court.
Solomon and Webber Isaacs
were jailed this week by c. ].
Lamb for murder. They are ac-
cused of killing an old peddler
named Cushing a month ago on
Spring Creek. Cushing was killed
for his money and an attempt was
made to burn bis body.
The trial Of Sam Hickory, alias
Downing. for murder, began in
the United States court Tuesday
Richard Stahl, a composer OF
comic operas OF some note, was
caned in Van Buren, Friday fol
kissing one Of his pupils. He is
under arrest here now for gross
immortality.
Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-10-11
anntar =. sDnith.a stahloa

IL you want to buy horse or buggy
or both, YOU can find what you want
at Gunter 4 Smiths stables. 36tf
Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-10-11
PLEA GUILTY.

Wilson Palone, introducing;
Alexander Clapp, introducing, 20
DAYS in Jail and $40 fine; Joe Nell
lis, introducing malt liquor; Thos.
Upton, larceny; Joe Prater, intro
ducing and selling, 26 months and
$500 fine; James Williams, same,
20 days and $50; John Rolla,
making Choctaw beer, $40; John
Davis, Jail one hour and $50; Jas.
r. Gourd, introducing, 60 days
and $50; James Sullivan and Dan
Tilden, introducing and selling,
80 DAYS and $50; William Sang
ster, same, As days and sll5;
George Gunter, larceny; Theodore
Wiseman, robbery; John Jones,
larceny, one year in Jail; James
McLauthlin, making Choctaw beer,
fined $40; Henry Ingram, same,
500; Littleton Richardson, same,
$50; NJ. J. Joiner, introducing and
selling, 2S months and 5000; VIM
Ballard and Jack Corkin, same,
80 days and s120; Jack Nelson,
same, As days and s115; sCharles
Winn, introducing, 20 days and
$50; Peter Greenleaf, introducing,
20 days and 500; Ben Island, Sol
ing liquor, 30 days and s100;
Christopher E. Elliott, introduc-
ing, 20 days and s20; Jack SPUR.
rel, selling liquor, 40 days and
800; Frank Osborne, selling liquor
to Indians; Thomas Murphy and
Isaac White, selling liquor, 80
days and 800; VJames Davis, il
licit distilling, 80 days and 500
John f. johnson, Bush McCravens,
Abe Story, Bill Story, Baxter
Jacobs, Alb Ashford, w. Allison
Wiley Dingles, Jerry Dingles, Ed
Ashford, Henry Wagner, Ec
Dalrymple, Anderson Brock anC
Charles Wilson. elicit distilliDg,
30 days and 500 each; Reny Sum
mers, James Mcbride, Sam Arnold,
Bob Beavers, A Arnett, and Carey
Avants, selling liquor, 30 days ant
800.
CONVICTIONS.
John Hance, larceny; Ambrose
Hodges, larceny, eight years.
AcQUITTALs.
Ellis Harris, larceny; James A
Stephens, attempt TO murder.
PLEA NOT GUILTY.
Don Beck, Ambrose Hodges
larceny; Sine. e.che-che, assault; Jo'
| Nellis, dealer in malt liquor; A,
Reeves and Dock Dudley, larceny
William Edmonds, larceny
Beecher Sanders, larceny: AS
Singer, assault; William Griffith
assault; William Jordon, assault
Tillman Burgess, larceny; Stew
Williams and Johh Smith, larceny
A. j. Brandenburg, James Sum
Inerfeld and Grant Holland, in
Producing and selling; Albert Fish
er, assault, William Fielding ans
George Briohart, adultery; Thos
Weaver. bigamy, James Darby
assault; James Thornton, sellinI
liquor; Getty Whitmire, introduc
ing and selling; William Sanders
larceny; Pickup Wolf, introducing
IGNORED.
Charge Of introducing VS.. Bill
Romine; larceny vs.. Minnie Jones
alias Peyton, cutting government
iimDs, Y. w. 9 Glover Intro
Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-10-11

D. N. MARRs, Editor.
ME-. MILFORD, Manager,
Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-10-11

For Coughs, Colds, Asthma,
Bronchitis.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

Judge w. G. Benet is making a re-
:ord. He has delivered dissertation
on constitutions, and in case be-
fore him in Columbia there was
negro man on the jury. The
negro did not agree with the others on
the panel with him and the result was,
a mistrial had to be ordered. Judge
Benet delivered him lecture and dis
missed him from service and had bis
name stricken from the list Of jurors
drawn for the court.
We thought that jurors had a right
to reach their own conclusions from
the law and evidence, and that they
were responsible to no one for their con-
clusions from the law and the evidence.
Not so in these days when, according
to Judge Benet, We Lave no use TO,
constitutions. The law is so careful Of
the right Of the jury and its independ'
ence that it is error for circuit judge
to charge on the facts. But here is
Judge Benet dismissing a juror from
the panel because he did not agree with
the other jurors and the learned judge
on the facts. It has developed since
that this man was correct for another
prisoner has confessed as the guilty
party in this particular case.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
aTRAEFIC IN VOTES.

The Herald and News does not en-
Joy the pleasure Of reading the Pied
mont Headlight, but now and then we
see chunks of wisdom and so forth
from its columns copied by some of our
exchanges. 1t will be remembered
that the editor of this paper is Col. T..
Larry CAN'T, who was brought TO
South Carolina because of his peculiar
fitness as a champion of reform. For a
while be presided over the destinies of
the Columbia Register. Later he es-
tablished the Headlight at Spartan
burg. He was a delegate to the late
State convention. Many of bis pet
schemes and his favorites were lost IN
the scuffIe. From some extracts from
bis paper that have come under our
vision,w would judge thai be was
somewhat disgusted with the way
things went. Not so much because his
sense of Justice was outraged, but
rather because he met defeat on several
occasions. He says the convention
was turned into a regular mart for
trading and trafticing in votes" No
doubt there is much truth in this
charge, and it i, also very probably
true that many of the leaders in this
sort of business got left themselves.
We were laboring under the impression
that one of the prime purposes OF the
Reform movement was to get full
and free expression of the choice of the
people. For the delegates to turn the
convention into "mart for trading
and traficing in votes" does not look
much like getting full and free ex-
preston of the will of the people. Pos
sibly we have been laboring under a
deiusion. Hear what Col. CAN'T says
further on the subject:
1.-THE will of the individual delegate
was stifed, and the man who Rad the
most votes to swap was the cock OF the
political walk. Friends Of the rival
candidates would 60 from delegation
to delegation, while the convention
was in session, with propositions to
swap votes. No enquiry was made as
to the fitness of the candidates, but the
only requisite was how many votes be
had to trade on. And this business did
not stop here, but the subordinate
places within the gift of the several
heads of departments were peddled out
like country produce, and sold in ad-
vance for votes, so we are reliably in
formed.
1T was with indignation that we saw
our great Reform movement thus de-
based and prostituted to satiate the
greed of office seekers"
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
ALMOST A RIOT.

There was almost liot in Greenville
on Monday growing out Of an effort Of
State constable to search a private
residence. There will continue to be
trouble in South Carolina as long as
this law remains on the Statute books.
Free white American citizens and
South Carolinians are not going to per-
NIT their homes to be invaded and
searched at the pleasure of disper sary
constables. There is nothing said
about this man using his residence as a
place at which he sold whiskey. His
wife was not we'll, and even the physi-
clan stood at the gate and forbade the
entrance Of the constable because of
the condition of the wife Of Mr.. Edel.
Gov. Tillman threatens to have
Sheriff Gilreath removed because he
would not make the search in company
with the constable. The decision of
the Supreme Court will DOW have the
effect of making more trouble.
BlooGshed was averted at Greenville.
We hope it will be warning. At Dar-
lington when there were threats of
searching private houses there was
bloodshed, and it will be every time
the effort is made to enter the sanctity
of the home. This thing of a mans
home being his castle may be al senti-
NEST, but it is a sentiment for which a
man will die, and how could he die
nobler than in the defense of his home
and those who look to him for protec-
ton. It is a sentimert which has been
instilied from our earliest infancy.
We imbibed it at the mothers breast
and it has become part of our nature.
This provision of the law had 5eat not be
too rigidly enforced unless it is desired
to have bloodshed and involve the
State in civil war. We believe in en-
forcing the law, but the constables will
find plenty to do without invading
private homes, especially when the
physicians.say the life of the woman
Of the home will be jeopsrdized by it.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
q this particular case.

DR.. Sampson Pope says he is really
going to stay in the race for Governor
to the finish and says he feels hopeful
and sure of a victory. He is one of those
ssnguine and hopeful kind of men who
always expect the good time to come
tomorrow. A half dozen letters and as
many kilograms from each county may
be calculated to give man great deal
of encouragement and bright hopes, but
when it comes to votes they do not
count for very much. DR.. Pope may
get a great many votes and may be
elected but we do not believe he will
carry county in the State.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
NO MALICE AFTEREHoEGHT.

The Herald and News hgd no inten-
ton nor desire to misrepreseDt the
esteemed Voice. We bear neither it
nor any of its stockholders any ill-will.
We had been informed s$that the three
gentlemen named wepe among its larg-
est stockholders and &e naturally sup
posed that even common gratitude
would make it feel sn interest in its own
and its chief founders. five were mis-
taken we beg pardon.
The Herald and News was founded
in 1865 and traces its progenitors to the
first paper foundedin Newberry County
away back in the fifties. Of our age we
are proud and if with years we have
not gained wisdom we have at least
, accumulated a store-house of expert
ence. We hope it will not be consid-
cred a repreach to have grown old IN
the service of the people of our native
county. I'VE have devoted our best
energies and all the talents with which
We are endowed to the promotion of the
happiness and prosperity of the people
of our native county. Many times we
have been made to feel that our labors
we,e in vain and that our services were
not appreciated. Then again we have
had many words of encouragement and
cheer and the people have stood by US
and they shall continue to have our best
efforts. We are extremely grateful for
this support and shall labor to merit
! their favors.
From out our store-house Of expert
ence and observation we would say to
the esteemed Voice that it will find
politicians very hard task masters and
possessed of no gratitude. The Herald
and News has never espoused the cause
of any man who has sought office with
in the county and it never expects to.
We do not represent any faction but
shall continue to look out for the best
interests of the whole people, and try
to publish a paper that is fair and
impartial purveyor ofthe news, advocat-
ing those principles that in our judg-
ment will rebound to the best interests
of all the people. This nugget of expert
ence is given the esteemed Voice for
what it is worth, and we make no
charge for it. Remember that in 1893
the editor of the Voice, when he was
editor of paper at Prosperity. urged
the people to remember the 29th."
We took his advice then, and while
The Herald and News had no candl'
date we were satisfied with the result.
In the recent primary The Herald and
News had no candidates, but we would
not be surprised fits editor was success
full in electing as many Of the men be
voted for in the county election as was
the editor of the Voice.
The Herald and News would have
the esteemed Voice to remember that
The Herald and News is too old to
entertain any feelings of jealousy and
envy and that we have only the kind
liest feelings for it. AS we have before
remarked this is supposed to be a
free country and if any aggregation OF
men desire to plant their money in q
newspaper venture we have no quar-
rel with them. AS parting admonl-
ton we would say to the esteeme
Voice to console its soul in patience.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
MR.. JUSTICE BENET ON COSsTITU-
TIONS.

According to Judge W. G. Benet,
whose charge to the grand jury at
Columbia we.publish in another column,
there is no need of constitutional
convention, nor for that matter con-
stitution. Really according to his opin-
ion we see very little use ofa court. We
have been taught to believe that it was
the duty of the Supreme Court to inter
pret and construe statutes and constitu-
tons, and if a statute was in cont1lc
with the provisions Of tic constitution
that it was the duty of the Court
to say so, and that this particular
statute would be null and void, but
according to Mr.. Benet this power lis
neither inherent in the Courts them
selves nor was it conferred npon them
by the constitutions which created
them" On this point Mr.. Justice
Story, who has been considered until
the advent of Mr.. Justice Benet, an
authority on constitutional law, ssys:
THE power of interpreting the laws
necessarily involves the power to DECIDE
whether they are comformable to the
constitution or not; and in q conflict
between the laws, State or national,
and the constitution. no one can doubt
that the latter is and ought to be Of
paramount obligation and force. And
accordingly it always has been deemed
function indispensable to the safety
and liberty to the people that courts of
Justice should have the right to declare
void such laws as violate the constltn-
ton. The trainers of the constitution
having these great principles ln view
unanimously adopted two fundamental
resolutions on the subject; First, that a
national judiciary ought to be estab-
lished and secondly that it ought to
possess powers coextensive with those
of the legislative Department."
We think that Mr.. Justice Benet
will find himself in hopeless minority
in this country of constitutional gov
ernment. His deliverapce may be good
in England where they have no written
constitution but it will not do for this
country where our organic law is in
the shape of a written constitution.
Maybe Mr.. Justice Benet is only want
ing little prominence and newspaper
notoriety. If that be true no doubt his
ambition is gratifed. Butthisis serious
matter and judge on the bench should
guard we'll his words and remember,
though he be native of England, be
is presiding over a Court in South
Carolina.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

JAStice McIver holds that the dis
pei Nry act is not legitimate exercise
of the police power, as this power can
not be 50 extended as to authorize the
State to engage in traffic forbidden
to citizen.
Concerning the argument that when
a State issues license to a saloon keeper
it delegates to him the exercise Of the
police power, he says:
81 do most emphatically deny the
power of the legislature to delegate any
portion of its legislative power-police
power or otherwise--to private citi-
zen, and, so far as l am informed,
neither this State nor any other has
ever undertaken to do So"
The justice says that the provision
allowing the State to sell liquor out
side of it's limits shows very clearly
that the whole scope and intent Of this
legislation is to enable the State to
monopolize the liquor traffic to the en-
tire exclusion Of the citizen, with a
view to the profit. of such traffic. He
says that the dispensary legislation IS
neither the regulation of the traffic nor
a prohibition of the same, but, on the
contrary, is a scheme by which the
State proposes to monopoliZe such traf-
fic to the entire exclusion of the citizen,
and to force every customer who may
desire to obtain spirituous liquors for
any purpose to purchase the same from
the State authorities at such profit to
the State as may be fixed by the des-
igpated State authorities, and hence,
such legislation cannot he regarded as
a legitimate exercise of the police pow
er. and any legislation which, like the
dispensary law, undertakes to embark
the State on trade, is without constitu-
tioral authority.
The chief justice concludes by de-
clariDg that the law is violation
of the State and federal constitutions.
It is understood that vigorous war
fare will now begin against the blind
tigers, as the law is finally settled, un-
less modified by the Legislature.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

The Democrats won in Georgia, but
tie Populist vote is much larger than
we expected. The Populists have made
great gains in the Legislature, and the
Democratic majority is reduced to only
about 10000. We believe that Popu-
lism is stronger in Georgia than it is in
South Carolina, if the issue were clearly
and sharply drawn. If the Populists
continue to grow in Georgia by the
next election they will sweep the State.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

Let every QUE make up his mind to
vote against constitutional conven-
ton. There is no necessity for it and
it will cost $4,000 to $4,000 and we
have about as much taxes now as we
can pay with five cents cotton. This is
not good time for making constitu-
tions. Vote it down and if there is any
change desired in the constitution we
can make it by amendment without
cost.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

The Post, an afternoon paper, has
been started in Charleston. 1t is owed
by a Joint stock company and will be
edited Mr.. Hartwell N. Aver, recently
of the Florence Times. There is
good field in Charleston for a progress
i've and bright afternoon daily. We
hope Mr.. Aver will be able to cultivate
this field. He is bright and energetic
and young and has experience. We
see no reason why he should not
succeed. We wish the new enterprise
SUCCESS, and shall be glad to welcome
the Post among our exchanges, though
as yet we have received only one copy
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

We would say to those esteemed CO.
temporaries who seem to manifest an
interest in the race of Mr.. Frank Moon,
of Newberry, for governor, that he in
forms US that be is still in the race and
expects to remain to the close. He says
he will have something to say to the
public in few days, but he does not
want the impression to get abroad that
he is out of the race for he is in TO the
finish.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

Abbeville has organized Water,
Light and Power Company and pro-
poses to put in electric lights and
water works. What is the matter with
Newberry? Does she propose to lag
along behind in the march of progress?
At one time she was the foremost
amorg the smaller towns. Now several
have passed her. We need some young
life thrown in the breach to move her
along. What's the matter with q
young mems business league?
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
We have received the first number

We have received the first number
of a new paper at Batesburg, John
Lake, editor. It has the odd name,
"This Way" ard proposes to be partly
religious, partly educational and partly
local. The first number is we'll gotten
up, newsy and reflects credit on our
young friend Lake. We wish bis en-
terprise success and the people of Bates
burg will do we'll to sustain this paper
by liberal support 1t will pay them
to do it.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

Read the article on the South since
the war. The power to recuperate, as
is shown the South has done, is pos
sessed by no other country or people
on the face of the globe. Let US take
courage. Our people will come out of
the present financial crisis with their
heads erect and their eyes to the front.
We need to harbor our resources and
cut off unnecessary expenses.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
NOTICE..

Y HAVE OPENED AN OFFICE
i in building occupied by F. q. VIII.
son, Insurance Agent, two doors north
of Postofice, where will attend tothe:
collectio of accounts of Smith & Wearn.
All parties indebted to said firm VIII
please call and see me, as this business.
will have to be settled up at once.
r. D. SMITH,
For Smith & Wearn.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
BRIDGE TO LET.

THE BRIDGE on BUSH RIVER
i at Langfnrd's Mill will be let to
the lowest bidder on Friday, the 18th of
October, at 10 o'clock. The County
Commissioners reserve the right to
reject any and all bids.
By order Of Board.
&c. DOMINICK, Caairmansss
THos, S. SEAsE, ClerkS- -
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
Plantation for Sale.

q MILES FROM SILVERSTREET,
n l30 acres. 20 acres in cultivation.
50 acres fresh land. Will produce Is
10 40 bushels Corn per acre or 1000 lbs.
seed cotton. Improvements good. For
terms, further information, etc., call at
HERALD AND NEWS OFFICE.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

We notice that The Cotton Plant
now speaks Of Rev. J. A. Sigh as Col.
J. A. Sigh. This is new title. But
then the country is full of Colonels.
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10

PROBATE COUR HI.
ByJ. B. Fellers, Esq, Probate Judge.
WTHEREAS, George P. Boozsr, hath
w made suit to ne to grant him
Letters of Administration de bonis non
with will annexed, of the Estate and
effects of David Boozer, deceased:
These are therefore to cite and sd.
monish all aud singular the kin'tr' q
and creditors of the said David
Boozer, deceased. that they be an':
appear before me, in the C'urt
Of Probate, to be held at New
berry Court House, on the 2C;h day
of October, 1894, after publication
hereof, at II o'clock in the foreno;n'
to show cause, if any they have, Why
the said Administration should not 9e
granted. D.,
Given under my Hand this 5th day
of October, Anno Domini 1894.
r r. FELLERS, J. ?. \. T..
The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-10-10
FOR SALE.

z OAO 012Ac.
r WILL SELL on SALEDAY IN
i November, at Newberry g., H.,
within the legal hours of sale, to the
highest bidder, my House and Lot
in the town Of Helena. The lot con-
tains Thirty-Six One Hundreoths
(3S-1OO) of an Acre. The house has six
rooms. A we'll of gooA water at the
back door. Also an out house with
three divisions, suitable for horse stable,
cow stall and wood room.
TERMS: Oue-half cash, balance on
six months credit with interest fron
day of sale. The credit portion to be
secured by bond of the purchaser and
mortgage of the premises, with leave
for the purchaser to pay all of his bid
in cash. Purchaser TO pay for papers
Possession given the lst Of January.
MRS. EMMA E. HALFACRE,
Helena, S. c. 8