The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-04-18

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he was a mongrel and proceeded to
try him under the then negro law,
and a jury was duly empanneled,
when that talented young lawyer,
John G. Higgins, procured writ OF
"rouster" restraining US from further
procedure, until the Circuit court
should pass on the case. He proved
his clients voting, mastering, over
seeing and his passing as a white
man. 1 proved the black stripe up
and down his back like mule, etc.
DR.. John N. Herndon (not then
practicing) one Of the most intelli-
gent, educated and high toned Of the
citizens of Newberry, was foreman
of the jury. Higgins argued his case
we'll, but in his excitement would
occasionally refer to his man as this
boy" and I used it against him.
The jury took Morgan in the jury
room and examined his cuticle, ETC.,
he being in "purls naturalibus. "
They pronounced him mongrel and
under the then law he had to fee the
State. What further became of him
I know not. This is the only case of
the kind | ever knew Of.
The first case I had after moving
to Polk county, Texas, was for j. A.
Feeker, q Newberry man; he was
energetic al Industrious but
pugnacious. - was tried for
assault and battery. I acquitted him
and had his opponent bound over
for aggravated assault and battery.
Shortly after the war I was dis
trict attorney, and before the villain
GUS reconstructionists turned me out.
! found the case on the docket and
entered mol pros, telling the judge,
1 knew all about the case and that we
had the wrong ball by the horns,
that it was Feeker that should have
been indicted. He is now dead.
His wife was a Miss Graham, an ex-
cellent lady. They left an energetic
family-good business men and
women. He must have been from
the Ruff neighborhood as he belonged
to the cavalry troop that mustered
there-so did I.
l regretted this fall that I missed
by an hour, seeing Clarence Hunter,
the son of Nathan A. Hunter. | heard
that he was doing we'll in his busi-
ness. In the great fire in Newberry,
in 1885, Il see no mention of this
fire in the Annals, ; the fire was
burning the two story portion at the
eud of the old Fernandes hotel,
Nathan A. Hunter, and the other, |
think, was Philip Schumpert, sus-
pended by ropes across the roof OF
the house, stayed the progress Of the
fire, it surgiug over them IN lurld
flames. But heroes in civil life are
lost in the glare of military glory.
Their act required more nerve and
daring than charging a battery
From the hotel to my mothers house
and across the Main street the fire
swept everything.
There were two Scotch Irish faml
lies-Reds and Tolbirds from Coun,
ty Antrim, Ireland, who settled in
the eastern part of Newherry (nc
mention of them in the Annals } The
Boyde, Spences and Crossons al
came from the same county. The
! five families, were either Covenant
ers, Scotch Secession, or Presbyterian
Robert Tolbird sold his plantation tc
Richard Sondley. Nancy Ann ( Red.
Tolbird had seven brothers, one O.
whom was Samuel J. Red, and doubt
less, George, the father of Judge
David Red, late Of Texas, and James
Red, the grandfather of R. ?
Cromer, near Reuben posiofice, New
berry, were also brothers. John +
Tolbird, of AK postoface, Green
wood county, says of his grand
mother, the said Nancy Ann, tina
she made it unlawful to whistle, Gu
sticks or eat hot food on the Sabbath
} so was it with all of them. In thas
latter days, fear the 4th command
ment is greatly neglected. The
were an intelligent, canny people
God loving and God fearing. The
had so inter-married that they wer