Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-05-16
FRIDAY, MAY IS, 1913.
lily get the negro back to South

of Harry Coleman, on trial for the
murder Of his father, Robert T. Cole
man, had reached no agreement at IL
o'clock tonight and was locked up for
the night. The jury will again be call
ed In when court reconyenes, at $50 q. 8
m. tomorrow. The elder Coleman was
mysteriously shot, to II deathsrin his
home near here several months ago.
Harry Coleman was arrested ushortlys
afterwards. At q previous trial thes
jury failed to reach an agreement.
! Chester, May Is: Henry Moore, az
negro, who was night watchman att
the Manetta cotton mills at Lando,
and who is alleged to have stolen
cloth from the mills, and was severe
ly shot by an officer for resisting ar
rest, now. lies In q critical condition.
| Constable Varnadore went to Moore's
home to search It for the cloth andR
the negro objected. Moore reached as
II he was going to whip out his pistol
and the constable fired twice into his
body, inflicting serious wounds.
Chester Lantern, Wednesday: Al
remarkable escape from death or seri-s
Gus injury was experienced yester-
day when q ear driven by Mr.. A.. N.
Webb left the road about two miles
north Of Chester and went down q
fve-foot embankment while travelling
at rapid gait The car, which be-
sides Mr.. Webb, carried Mr.. r. q. ;
Sims and several ladies, was turned
sharply in order to avoid q deep hole
on the right, and went of the steep
embankment to the left, coming to a
sudden stop with the tires still cling
ing to the side of the embankment,
but with the body Of the car support
ed on its side by the stumps OF some
young trees which had been cut down
in repairing the road Strangely
enough the damage TO the car was
little more than the destruction Of
one mud guard, and after the services
OF several negroes were requisitioned
to aid in getting 1t back on the road,
the party proceeded on to Rock Hill
after a delay Of probably twenty five
or thirty minutes. r"z
| Spartanburg, May.15: Two hun
dred young lady students were badly
frightened. twenty negro mattresses
were thrown into a panic and the
principals were each wounded as the
result Of pistol duel between J. d.
/ Cheshire, white, and John Mayes,
negro, In tho kitchen Of Converse col
lege this morning. Cheshire's wounds,
while painful are not serious. Mayes'
condition at first was regarded as
critical, but tits evening an attendant
physician said that he had an even
chance to recover. J. D. Cheshire Is
the steward at the college and Mayes
was one Of the helpers in the kitchen.
For some time Mr.. Cheshire had no
ticed invasions on the pantry supply
1 Of provisions and as the result Mayes
was discharged Wednesday. Today
about the breakfast hour at Converse
college Mayes appeared In the kitchen
and demanded his wages due. Mr..
Cheshire, anticipating no trouble,
went over the account and handed the
negro the money that was coming to
him. Having handed Mayes the money
Mr.. Cheshire Is said to have made
isn't It? We won't have any trouble"
1t Is alleged Mayes replied, while
standing within three or four feet of
Cheshire, mo we won't have any
trouble" and producing revolver
opened fire on the steward at close
range. Cheshire grabbed the pistol as
the negro leveled II and before II was
discharged. and as he covered the
muzzle with his left hand the ball en-
tered the flesh and passed through.
His hand was also badly burned by
the powder. Mayes, by desperate
wrench, managed to get his gun hand
looSc anu hcpl .ou uIIuB. SeciuS Wudt
he was up against, Cheshire drew his
own pistol and began firing. In all
Mayes fired four shots, two Of which
took effect, one In the left hand of
Cheshire and the other striking his
breast bone and DETECTING, Mr.. Chesh-
ire firing five times, each bullet TAX
ing effect In the negro's body, three
entering Mayes' left arm above the
elbow and shattering the limb, one
Il k,,lr r2k r~Hk <t.A -. n
the remaining one striking the breast
and ranging downward. It is the lat
ter ball that may prove fatal. Short
ly after the shooting, Sheriff White
and Deputy Sherff Vernon arrived at
the college and placed Mr. Cheshire
under arrest. Mayes was carried to
hospital. where he was attended by
| physicians, who dressed his wounds.
His condition is not such as to make
him apprehensive. Later on Mr..
Cheshire was carried to the office Of
| Magistrate CAN'T, where he gave bond
In the sum Of $1,000, his sureties be-
ing Prof. B. o. Hutchison Of Converse
college and e. L. Everett The stew
ard will claim self defense az the rea-
son for his shooting John Mayes. It
is said that the negro baker at the
college made the statement that Mayes
threatened the steward and at the
same time showed the baker his pis-
/ tol. That was Wednesday afternoon.
At the time of the shooting there were
several of the cooks and assistants In
the kitchen, and It Is claimed they
are all Of the same mind, that Mayes
opened fire on Mr.. Cheshire. The me-
gro was evidently disgruntled at his
discharge and went to his former
place Of employment armed.
- Columbia State, May Is: That
there Is no statute by the state Of
South Carolina prohibiting the impor-
| tation Of whisky from another state
for personal use and that the Webb
act gives the state the right to enact
such a statute, IL 1t so desires, is the
decision Of the supreme court In de-
Gliding a case testing the constitution
ality Of the Webb act which was pass
ed by congress, withdrawing the pro-
| lection Of interstate commerce from
whisky shipments from one state to
another. The supreme court held that
the old dispensary act forbidding the
ordering of whisky for personal use
clared unconstitutional, before the
passage of the webb act, could not be
vitalized by the passage Of the Webb
act. 1T Is not the intention Of the
Webb act to interfere with the policy
Of the state in regard to the importa-
tion Of liquor, but merely to provide
that the enforcement Of state stat
ute would not be interfered with or
hampered by the interstate commerce
laws" says the decision. In other
words, the act in this respect is pas
sive," continues the decision, while
1t Is incumbent on the state to enact
legislation Of an active nature II they
are desirous Of prohibiting the impor-
tation of liquors for personal use or
other purposes. But even II congress
had undertaken to give validity to an
unconstitutional state statute 1t would
have been beyond its powers. While
the legislature can not pass an act,
validating the provisions Of the dis
pensary statute which we have de-
clared to be unconstitutional, so as to
give 1t a retroactive effect, 1t never
theless, has the power to adopt
statute with similar provisions having
a prospective effect, prohibiting alco-
holic liquors from being imported into
this state Such statute would not
contravene any provision of the