davidaulloa/AmericanStories huggingface dataset:
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17
narVin.

Mrs. Lerch has gone to Oxford, Ne
braska, to isit her daughter.
There isstill conSidera bic sickness in
this vicinity.
Numbers of children have had the
mumpS,
The children of Gus Carter and Ben
Gilmore have the whooping cough in
severe form.
Our genial merchant, Mr.. Hanson,
was at home for a week with the
grippe bnt is again in the store.
Miss Martha Chester'S school was
closed last week as she was suffering
with bad attack of tonsltis and
could find no one to take her place in
the school ROOM
Mrs. Dixon, of Amherst, Nebraska,
has been visiting her sick brother, 7.
NJ. Lorimor, and has gone on to Ora
ham county to visit her daughter,
Mrs. Nicherd. Mrs, Dixon is accom-.
panied by her son Jack.
DR.. LIE Rev has resigned as post
master in favor of j. W. Breed, whose
bond was executed on the 18th inst
DR.. LIE Rev has given good satiSfac-
tion in the post office, but his profess
siOnal services and business interests
in other directions demand all his
time. The citizens of Marvin believe
Mr.. Breed will be his worthy successor.
Mr.. Fred Breed has been sworn in
as assistant postmaster.
D. A. Odds has his house about COM
pleted and has taken out an insurance
with the Shawnee Fire Insurance Co :,
which is considered among the best in
the state. The protracted dry wealth
er of the last four months has con-
tributed to numerous fires in different
parts Of the state; and indeed it is a
great mistake for persons to neglect
insuring their property. A very few
dollars thus invested may save thou
sands of dollars Under existing laws
insurance companies are obliged to
make good their obligations The
amount called for on an insurance
policy, in case Of lire, is as good as a
bankable note.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17
Railroad Notes.

Bobby Lake and family are visiting
in the country few days this week.
Shelby Bennett of theScar gang is out
again after severe tussle with the
measles.
Lloyd Cole is a new railroader. He is
working at the depot. He is starting
at about the right age to work up to a
brass collar job.
The section men made a trip to Fair
bury one day last week to pick up old
ties along the road.
Jim Gebhart expects to resign his
position as machinist next pay day and
leave at once for Oklahoma.
The 'steenth Vice President Of the
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17

One NJ The wiSeSt measures recon-.
mended bv the Wichita convention
is the enactment Of primary election
law. This is measure the HERALD
has advocated for over year. 1t will
revolutionlze politics and will do more
than any other measure to prevent
traffic in public position, Only pro
fessional politicians and "pie counter
adventures oppose such a measure.
We notice, however, that the Dis.
patch Of this city has been and proba.
bly, will continue among the opposition
forces. The habits Of a life time are
hard to change.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17
The Leading PAGER Of PHILLIPS County.
Republican Ticket.
NATIONAL

NATIONAL
For President. Theodore Roosevelt
Congressman 9Th Dist. W. A. Reedel
STATE.
For Governor 49,. Edward w. HOch
of Marion.
For Lieut.. Governor. e. d. David Hanna
Of Graham.
For Secretary of State. Joel r BurroW
Of Smith.
For Auditor of State. Seth G. Wells
OF NeOShO.
For Treasurer Of State. ,Thos. Kelley
Of Miami.
For Attorney General. &C. Coleman
Of Clay.
For Supt Of Insurance. .ChaS. Luling
of Sedgwick.
For Supt Pub Instruction, IL, Dayton
OF Reno.
For Sup Court Judge(6yrs) W.R.Smith
of Wyandotte.
For Sup Court Judge(6yrs) E. W. Cum
nlngham, of Lyon.
For Sup Court Judge( 4yrs)C A. Smith
of Mitchell.
For r. r. Commissioners, Geo. W.
Wheatley, of Cherokee; A. D. Walk
er Of Jackson; j. W, Robinson of
Butler.
For Senator 10th Dist. W. II. Haskell
Of Smith.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17

The supreme court last week handed
down decision sustaining the law
giving the old soldiers preference to
other applicants fnr political appoint.
ment. The test case was brought by
Goodrich, soldier who was turned
down for reappolntment to q position
in Topeka His qualifications were
admitted to equal those of the other
applicant. The district court decided
against Goodrich but the supreme
court reversed its decision.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17
Sumner Specials.

The "YS" met at the church Friday
night.
Miss Edna Richard is visiting in
Bloomington.
Will Porter is home from Manhat-
tan
Mrs. Patton and Mr.. Lewis child
have been sick.
Ed Archibald sold a team for $500
and went to Reamsvile to buy anoth-
er.
Invitations are out for educational
meetings April lSt; all day at Lone
Tree school house, aud at the church
la the evening. A profitable and
pleasant occasion is anticipated and
a good attendance is urged. Supt
Arnold is expected with helpful sug-
geNtiOns.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17

So many members of congress were
named In the Bristow report that for
a time 1t seemed that congress might
taIe upon itself the task OF further
investigation. Many of the members
claim that they have been put In a
false light before their constituents
by the report and they do not like 1t
especially In view of the fact that
another election is coming on.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17
Freedom.

There are scarcely any families in
this section but that have been hav-
ing sickness OF some sort. Grippe,
measles, tOnSilitiS, pne umonia etc.
have been running riot throughout
the neighborhOod.
Earl Larkin and Archie Wherry
have been doing some late jobs Of
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17
Section of Lind.

$40 acres \ square section. Fine
eight room frame house, frame barn,
chicken house, smoke house, black
smith shop, i've miles Of two wire
fence 200 acres IT fall wheat, one
and one.half miles from town. Price
So. per acre. Time part. Inquire at
this Office or address,
j. II. Connolly. Colby, Kansas.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17

threshing for farmers in this section.
Mr.. Wherry while working in the
timber was taken with severe pain
in his back. He has been hardly able
to move from bis chair Stree
The revival meetings which have
been in progress at Labelle were closed
Friday night.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17
A Birthday Present.

A pretty 'catch.all" came this way
Wrought out by clever uugel;
Around its usage day by day
May kindeSt memories lnger.
The hue( love it's golden brown
With CLEANS Of sunshine in it.
Recalling simple wedding gown
And happy lass within itl
Seems so in accord with the days
OF LIES early autumn so near:
Ever may the lieavenly rays
illuminate all that is Sere.
What shall it hold in years untried
Bound fast by the SiIken leasheS +?
Happy fate, If aught to divide
Shall escape between the meSheS.
Mrs Monk.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17
Adm illustrators Notice.

siato Of Kansas. Phillips county. -
In tho matter NJ the estate ~ VI. :. Miston 90
ceased late ~ phillips County, K4n-ss
NOTICE is hereby given that an the 1j'h Aav
~ NJ FEB. A. - 1904 the ubis. -snsd w. by
the Probate Court Of Phillips vouniv Eans--
duly appointed sud qns lied administr stor
II the estate ~ VI Nast,n. late uf hiif,s
comfy decea-ed
AL pa'tie- having claims against sad e-fate
sre benny roiih' 10 prps"bf 'hrm ~ ,,sat,ce
~ the undersigned within ora yeat from ~, .
hereof or they may he sxrln4et frun ANY here6t
" such es'a'. and ifsnrh tlAius h. MT Or, -4,,t
ID WITHIN ihr"c yesrs from oste h'frof ihec sha Z
be- forever batrsd J ID MAT'TESpN
Admini-ffst0r.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17

Mormonism is about to become a
political issue in Utah. Preliminary
steps toward the organization of an
antl.mormon party have been taken.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-03-17

Fusionists will make a new deal
this year, 1t Is is said. The parties
thereto are to be democrats, populists,
and machine republicans.
The Dickinson press., 1904-11-05
B. X. CLEMIE FREE.
fiartell and Brown Also Discharged.
Jury Out Two Hours. First Ballot II to I
for Acquittal.
Court Adjourned. Brown Murder Case
Not Called.

Tuesday morning Judge Campbell ad-
dressed the jury on behalf of the state
and in a calm, digniied and scholarly
name went over the testimony in the
case. About eleven a. m. Attorney W.
c. Crawford began his address to the
Jury. Mr.. Crawford has done a great
deal of work on the case; in fact, the
defense is his work. Mr.. Crawford had
not been heard here previously on an
important East and won high praise on
all sides. Alert, yet calm-wit and sar-
casm his ready servants-his words car
ried great weight. 1t was late in the
afternoon of Tuesday when Attorney
Hildreth-Fargo's talented lawyer whose
reputation is more than state-wide--began
the closing argument for the defense
which was not finished until nearly noon
Wednesday. Not a point that could
benefit his client, not a circumstance that
could strengthen the defense was omitted.
Mr.. Hildreth certainly sustained his
reputation as a criminal lawyer and an
orator. The closing argument for the
state by Attorney Simpson began just
before noon and closed at half past four
Wednesday. Mr.. Simpsons ability and
skill as a lawyer and the power Of his
oratory are we'll known and all expected
his reply to Mr.. Hildreth to be a mas.
terly effort. 1t was a battle of giants in law
where both could not win and the loser
deserves no less credit than the winner.
The charge to the jury, which appears
in full elsewhere, occupied about an hour
and at fifteen minutes before six the jury
took the case.
After two hours deliberation the jury
returned a verdict Of mot guilty and
B. K. Clemie was a free man. The first
ballot was II to 1 for acquittal.
Thursday morning, on motion of States
Attorney Campbell, the cases against
Hartell and Brown were dismissed and
they were released from custody.
Various estimates have been heard as
to the cost of this case. 1t is probable
that the total cost will reach some two to
three thousand dollars, but as the homo
eide occurred in unorganized territory
the expense of prosecution is borne by
the state and not by the county.
The case was called for trial Oct. Is
and was concluded Nov. 2. Following
served as Jurors:
w. ]. Pelton, foreman.
Edward Luf.
c. w. Palmer.
Harry Harleman.
Anton Schlapman.
Fred Dohrmanu.
Paul Horn.
E. H. Hoffman.
Frank Roquette.
Richard Blackburn.
John Fisher.
Charles C%olgrove.
The attendance upon the Clemie trial
was large and toward the close the court
room was often filled an hour or more
before court opened.
The testimony taken since the last
issue of the Press is here concluded:
The Dickinson press., 1904-11-05

IVA - ~uS ~
be guided solely and alone by the evidence
which has been introduced here before you in
open court. You are the sole judges of all the
facts in this case. To those facts you are to
apply the law which it is my sworn duty to give
you.
The defendant in this case stands before you,
charged with the crime of murder.
Homicide is the destruction of the life of one
human being by the act, agency, procurement
or culpable omission of another.
Homicide Is either: T.. ..
i. Murder.
2. Granddaughter.
3. Excusable homicide; or
4. Justifsble homicide.
Homicide is murder in the following cares:
1. When perpetrated without authority Of
law, and with a premeditated design to effect
the death of the person killed, or Of any
| other human being.
2. When perpetrated by an act ~imminently
dangerous to others, and evincing adepraved
mind, regardless of human life. although with.
! out any premeditated design TO effect the death
| of any particular individual.
8. When perpetrated without any design to
effect death by a person engaged In the com
mission Of any felony, and a felony, under our
law, is any crime which is punishable by i'm
prisonment in the state penitentiary.
According to the facts and circumstance
attending the killing. or az especially declared
by law, murder is deemed either:
1. Murder in the drst degree; or
2. Murder In the second degree.
Every murder perpetrated by means of poison,
or by lying In walt, or by torture, or any other
wilful, deliberate or premeditated killing, or in
attempting 10 commit any sodomy, rape,
mayhem. arson, robbery or burglary, 10 murder
in the first degree; all other kinds Of murder IL
murder in the second degree.
Homicide, not excusable or justifable, but
perpetrated in q manner not constituting mur-
der is Granddaughter.
According to the facts and circumstances
attending the killing. or as especially declared
by law, msnslaughter 10 either: Il
j. Manslaughter in the first degree; or
2. Granddaughter in the second degree.
The Dickinson press., 1904-11-05

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The Dickinson press., 1904-11-05

w. A. Carter testified that about
May 10th or 18th, in Goodall's office,
he examined a revolver brought from
the scene of the homicide-examined
gun, cylinder, shells and empty shell.
Said revolver IL" had the same ap-
pearance; J. S. White, L. H. Rudiselle
and VIM. Chaloner examined 1t also
In the sheriff's Office. The cylinder
did not show rust when witness ex.
amined it, but the chamber had been
freshly oiled; the other chambers had
the appearance of being loaded, but
there was no fresh oil in the others.
Cross examined did not think when
one chamber was fired tallow would
run into other chambers.
l.. H.. Rudiselle testified to examin.
ing the revolver brought from scene
of the homicide, and said revolver ''L''
resembled it-looked like it. Wit.
ness found the interior of the barrel
covered with dust; the empty shell
was somewhat corroded and showed a
scratch on one side as if scraped to
get it in. The inside was white as If
burned. Did not see rust or recall any
grease. Cross examined would not
swear the gun had not been fired
within "a hours; the effect of damp.
ness on powder after being fired
would be to produce q black dust
which after a few days would turn
brownish-red; did not know the revol.
yer found had been stuck in the
ground.
The state again rested it's case.
The defense called as it's first wit.
ness in s~ur-rebuttal DR.. Davis, who
saw a gun-resembling closely revol.
yer "L"-picked up at the liner place
May 10th. Gave it more than a casual
examination, although a less thorough
one than some others present; the
muzzle and chamber appeared as if it
had been recently fired; did not ex.
anime the empty cartridge.
Cross examined had used a revolver
q few times in the past five years;
fired at targets in shooting galleries
and on the prairie. Pomroy, Perkins,
Goodall and Simpson were near when
The Dickinson press., 1904-11-05

huSU give Cue U0IeQUaQC CI6 DoOenG OF the
doubt and acquit him.
In determining whether or not he is in
Imminent peril, as tho term is used in these
Instructions, a defendant may. act upon
danger is SO close upon him that his assail-
ant would be placed on an equal footing with
taking aali 4 the nd defen n d saHsi life fea or Of r doin s'h him 9'
some great bodily harm. The law does not
require q person to wait until it is so late
that there is an even chance that he may be
killed or may receive great personal injury.
When one who is free from harm is attacked
by another in such a manner as leads him to
5 5s1,sse IN IN good So;ld faith h;1,s that IT. he u; is in imminent
great personal injury, he has q right to stand
his ground. and if necessary no may pursue.
f4sm ad Gspsar' an n5t 4 IN ne L; has Is; secured himself
such pursuit it is justiiable homicide. The
law. however, is that when such danger
ceases to exist, such pursuit must also cease.
When a necessity arises, the right of self
defense instantly accrues: and when the
necessity ceases, the right no longer exists,
and whom i appears that the immediate dan:
The eloquence Of counsel shou1d:not inlu-
ence or divert your mi1ds from the real facts
object Of argument before a jury is to aid and
evidence and DERIVING ,therefrom the TRUTH
Your personal opinion Of facts not proved
cannot be considered as a basis for your yer
o4ct. Nelther must you be lnHuenced by the
nay have been expressed in court as to The
guilt or innosence of the defendant. i
would be highly impfoPer OF you to regard
are not based upon the evidence, il such
statements have been made: II you think
manner what his opinions are in regard to The
guilt or innocence of the defendant. you must
not be influenced by any such disclosure.
must form your own opinions from the eeyi.
dence, and from the evidence alone. It is
your duty to take the law from the court,
and to apply it TO the facts as they have been
presentea TO you by the witnesses as they
have testified upon the stand.
Gentlemen. weigh carefully all the evidence
rom such evidence you are satisfied beyond
4 reasonable doubt that the defendant IL
guilty, !. is your duty under your oath to
'atisfed it is your sworn duty to bring in a :
'erdict of not guilty. a
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1904-08-24
BRIDGE TO BUILD.

TNHE Board of County Commissioners
Il for Oconee county will let, to the
lowest responsible bidder, at the pro
posed bridge site, on Tuesday, Septem-
Der 6, 1904, at IL O'Clock a. M, the con-
tract to build bridge over Chauga at
Bud Cobb's mill. Specifications will be
made known on day of letting. The sue
cessful bidder will be required to give
bond in sum twice the amount of bid
Board reserves the right to reject any
and all bids.
D. f. MoALISTER, Supervisor
August II, 1904. 1884
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1904-08-24
Walhalla Drug Co. ,

We've got it. Walhalla Drug Co.,
Darby's old stand.
Mrs. Lula Lanford, of Spartanbug,
spent part of last and this week visiting
hor sister, Mrs. Eva Harbin, lin Walhalla.
The many friends of Mrs l.. |. Hall,
of Jacksonville, Fla, will be greatly
pleased to know that she is the guest of
her grandmother, Mrs. J. A. Johns, at
Westminster.
-Revs. Robert Cobb and Messiah Cobb
will preach at Old Rock Springs Baptist
church, on the Jarrett's Bridge road, on
the second Sunday and Saturday before
in September.
Miss Julia Hencken, of Carleston, is
spending several weeks with Mrs. C. r.
Stucke and family, in West Union. She
is no doubt enjoying her outing in the
Gland Of the Sky"
There will be campaign speaking
at the Mllville school house tonight
wednesday,. Candidates are invited to
come and make themselves known to the
voters of the cotton mill and all others
who will come.
Gee! how hot! Let's go the Wal
halla Drug Co. and cool off. Darby's
old stand.
Mr.. and Mrs. Walter Barton, of At
lanta, are spending few days at the
home of Mrs. Barton's parents, Rev. and
Mrs. j. G. Schaid. They will 90 to
Asheville the latter part of this week for
two weeks visit
Hunter, Dendy & Co., the Seneca
Hardware Co., and the Seneca Pharmacy,
of Seneca, and Thackston e Son, of
Greenville, have new advertisements
this week Read them and inform your
self of what these firms have to offer you.
--Protracted services began in the
Bethel Presbyterian church this (Thurs-
day. morning at | | o'clock and will con-
tinue through the week. The pastor is
being assisted by Rev. j. G. Law. The
public is cordially invited to attend the
services.
7. M. Lowcry, of Seneca, is making
things interesting in buggies, wagons,
etc. See him.
The engine and part of the ma
chinery for the Oconee knitting Mills
have arrived. The work on the building
has been considerably interfered with
owing to shortage of brick caused by
the flooding of Jacksons brick yard, the
clay being too wet to work
Mr.. and Mrs. G. A. Baxter and their
little son Arthur, of st. Matthews, S. c.,
are visiting Mr.. and Mrs. George Seaborn
at Judge j. w. Hollemans. Mr. Baxter
was for quite awhile with the Southern
Express Company and at one time was
messenger from Walhalla to Bolton.
The following Charleston excursion
lists are registered at the Geo. w. Eaton
boarding house on Main street: Mrs.
Anna Tidemann and the Misses Lizzie
Corcoran, May LaFourcade, Sultana
HarveSand Julia Baker. All these at
tractive and accomplished visitors are
having good time in our mountain city.
Last Saturday Mr.. and Mrs. G. w.
Carter, of Walhalla, visited their son,
NJ. O. Carter, of Marietta Greenville
county, and reunion was held. There
were present Il. l.. Carter and Miss
Della Carter, of Tallapoosa, Ga; G. r.
Carter, wife and daughter and A. G. Car.
ter, of Walhalla; Mr.. and Mrs. w. G..
Eaton and family, and one granddaugh-
ter, Miss Willie Gillespie, of Greenyille.
Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1904-08-24

TITATION NOTICE.-THE STATE OF
" SOUTH CAROLINA, COUNTY OF OCo-
NEE.-QN THE COURT OF PROBATE. by
ID. a. Smith, Esq, Probate Judge.
Whereas, Hicks A. Duncan has made
suit to me to grant him Letters
of Administration of the estate and
effects of John f. Duncan, deceased
These are therefore to cite and admon-
ish all and singular the kindred and
creditors of the said John T.. Duncan
deceased, that they be and appear
before me, in the Court of Probate, to be
held at Walhalla, S. c., on Monday,
September 5, 1904, after publication here
of, at IL O'Clock in the forenoon, to show
cause, if any they have, why the said adj
ministration should not be granted.
Given under my hand and seal this
23d day of August, Ammo Dunini 1904.
90 D. A. SMITH, Judge of Pro-
bate, Oconee County, S. c..
Published on the 2lth day of August,
NOTICE TO DEBTORS AND CREDI-
IN TORS.-All persons indebted to the
estate of John j. Jones, deceased,
are hereby notified to make payment to
the undersigned, and all persons having
claims against said estate will present
the same, duly attested, within the time
prescribed by law or be barred
TEXANNA JONES,
Qualified Executrix,
Westminster, S. Q.
August "a, 1904. 34-21#