davidaulloa/AmericanStories huggingface dataset:
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1913-08-07

to be necessary for the protection of
those accused of crime.
Sheriff Refuses Militia.
At the time of the disturbance in
Augusta, John w. Clarke, Sheriff of
Richmond County, was asked by
Mayor Barrett if he would call for
troops. 1t was reported in the daily
press that Captain Clark said, mo,
l won't; the mob has dispersed;
there is no necessity for any
troops"
Under section 1862, Criminal Code
of 1910, the Sheriff was the author
ity, in case of this character, to
summon to his assistance any num-
Der of citizens he may think neces-
sary to prevent violence.
This posse so summoned could ar
rest the persons engaged in violat-
ing the law, or, if the eXigency of
the case require, in order to prevent
human life from being taken by mob
violence, they could take a life of
any person so engaged, and for that
purpose they could bring, when so
summoned, firearms; provided, how
ever, as the statute says, Life shall
not be taken unless it is necessary
to save the life of the person being
mobbed or to protect the lives of
such arresting officer or his posse. ="
Is not that a sufficient guarantee
against mob violence?
Will anyone say that this was a
case of overmastering necessity and
that it was necessary to call out the
militia in order to combat the dis
turbance?
Captain Clarke, who evidently
was familiar with the law and knew
that he could handle the situation
with the aid, if necessary, of the law
abiding citizens of Augusta, refused
to call upon the Governor for aid,
but the railroads counsel and May
or Barrett thought otherwise, and
telephoned Governor Brown to send
the militia. Before the Governors
proclamation could be made known
to the people of Augusta, the troops
were in that city and the arbitrary
will Of a military commander be-
came the rule of authority.
Governor Acted Illegally"
In sending the troops in response
to the telephone communication
from Mayor Barrett, Governor
Brown acted illegally. I make that
statement advisedly and after care
full consideration. His act was lille
gal for the following reasons:
First-As l have endeavored to
show, the exigencies of the case did
not require the presence of the mill
tia; and
Second-The Mayor, if he had
had reasonable cause to believe that
the disturbance could not have been
suppressed by the ordinary peace
officers and posse comitatus, as above
outlined, then it was the duty of
Mayor Barrett to report the facts
and circumstances IN WRITING to
the Governor and request him to or
der out such portion of the militia as
was necessary to enforce the laws
and preserve peace, and thereupon
it became the duty of the Governor,
if he deemed such apprehension we'll
founded, to order out or direct to be
held in readiness, such portion of
the militia as he deemed advisable
for the proper enforcement of the
law.
Civil Law is Paramount.
The Constitution is imperative
that the civil authority is paramount
to the military. Section 1853 of the
Code of 1910, codifying acts of 1905,
requires the commanding officer of
the troops when called out to obey
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1913-08-07
THE JEFFERSONIAN

pointed out, it becomes the duty of
the Governor to take charge of the
militia in person at the scene of dis
turbance.
In the disturbance at Augusta the
militia established an imaginary
deadline, and without previous no.
tice drew an imaginary line, and
then without warning proceeded to
riddle with bullets three unarmed,
innocent men, who could not posi-
bly, have intended to commit violence
of any sort, nor could they have been
engaged in any riot, mob or other
unlawful act.
Politics may thwart the due pro-
cesses of the low, Indifference may
stif1e it's just administration and
Chill the heart of the public prosecu-
tor, but it will only be Temporary.
Finally the people will be aroused,
for the ends of justice will never
be met in this case until the guilty
parties have been indicted by the
Grand Jury of Richmond County and
tried by the Superior Court.
The Duty of Militia.
Section 1896 of the Criminal Code
of 1912 says that before any mill
tary force can be used it is the duty
OF the civil and military officer in
charge to command the persons
composing the unlawful assembly to
d1sperse and return peaceably to
their homes. If they willfully and
Intentionally fail to do so, as soon
as practicable, the members of the
assembly are guilty of a felony and
shall be imprisoned in penitentairy
not less than one nor more than five
years, but it is nowhere stated that
they shall pay the extreme penalty
OF the law.
Fixing q Dead Line.
Let us consider by what authority
the militia drew an imaginary line
passage beyond which meant death.
Section 1441 says that when the
military forces have been called out,
it shall be lawful for the civil Off
Ger under whose orders the military
forces are acting, or the command
ing officer of such military forces, if
it be deemed advisable to do so, in
subduing such unlawful assembly, to
prohibit all persons from occupying
or passing any street in the vicinity
of the riot.
What is the penalty for violating
these regulations? I quote the ex-
act language of the section: 'Any
person, after being duly informed of
such prohibition and regulation,
who attempts to go or to remain on
such street, road Or place, or who
fails to depart after being warned,
is guilty of misdemeanor, and upon
convection shall be punished there
for"
Section $3.50 of the Code of 1895,
which has not been repealed, says
that under such circumstances the
officer commanding the troops shall
forthwith arrest persons thus offend
ing and turn them over to a civil
magistrate.
If there can be any possible doubt
about the abuse of the power in the
instant case, it will be dispelled by
Section $40, Criminal Code of 1895,
codifying Acts of 1884-5. 1t is there
stated emphatically that the COM
handing officer guarding any public
OR OTHER PLACE may prescribe
a reasonable distance within which
persons shall not come land that any
person KNOWINGLY AND WILL
S--===------=------------
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1913-08-07

. AS 4AAA oSASSAAA
Declares Governor Acted Illegally.
- HARACTERIZING the shoot
ing of citizens during the
street car strike in Augusta
last year as willful and mali
cious murder, Attorney P. c. Nc
Duftie, representing the family of
one Of the men killed by the militia,
has prepared a brief in which he
bitterly arraigns the military laws
of Georgia, that enable the militia
to place city under martial law
and superseded the civil authorities.
He declares that the men response
BILE should be prosecuted in the GRIM
inal courts.
Mr.. McDu~-e is presenting his side
Of the case to the legislative COM
mittee, which is conducting an in
vestigc on of the shooting. This
hearing began at noon Friday, but
after an hours deliberation ad-
journed until T esday afternoon at
1 o'clock. Then every military Off
Ger who was in Augusta will be
called to testify. The testimony of
""T2an, Mrs. B. S. Dunbar, who
So t one of the officers told her
H. DIu0EGO pEOmlSCuOuS Hr1nS,
hf ed the leg stature to decide
to De the affair deeply. Mr.. Nc
Duties brief follows:
Representative +. H. P. Beck, of
Carroll County, introduced, several
weeks ago, in the Legislature a reso-
luton of far-reaching Importance.
This resolution, which is now be-
ing considered before the House
Committee ON Military Affairs, has
for it's purpose thorough investiga-
ton by a committee composed of
members of the House and Senate of
the conduct of Georgia's Chief Exc
cutive in calling out the militia and
the killing of three citizens by mem
bers of the State militia last year
during the street railroad strike in
Augusta.
A favorable report should be made
without delay, and a fair and impair
tial committee appointed to consider
not only the instant case, but the
whole subject Of military or so-called
martial law in Georgia.
1t is fair to assume that, after a
most cursory examination of the
facts surrounding the Augusta at
rocity, the committee would recon-
mend the passage of a law that will
make a repetition of that lamenta-
BILE affair impossible, and would es-
tablish for all time, in language and
statutes unequivocal, the supremacy
of the civil law.
No Argument Required.
The decision of the question as to
the right of the Governor to call out
the militia and the power of the men
composing that organization to over
ride the civil authority and to kill
innocent citizens who without notice
or warning, passed an imaginary
deadline does not depend on argu-
ment or judicial presidents, numer-
Gus and highly illustrated as they
are.
Let us consider for moment the
Constitution of Georgia. Section
500, Code of 1895, is as follows:
'No person shall be deprived Of life,
liberty or property except by due
process of law" Section SOP says:
every person charged with an Of
Tense against laws of this State shall
have the privilege and benefit of
COUNSEL shall be furnished, on de-
mand, with a copy of the accusation
and list of witnesses on whose
testimony the charge against him is
found ed; shall have compulsory pro-
cess to obtain the testimony of his
witnesses; shall be confronted with
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1913-08-07
Augusta Strike Killing Called Murder

Attorney p. @. McDufie, Represent
ing Family of Victim, Prepares a
Brief Bitterly Arraigning Militia.
Declares Governor Acted Illegally.
The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1913-08-07

tary. These securities for personal
liberty thus embodied were such as
wisdom and experience demonstrated
to be necessary for the protection Of
those accused of crime.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
Mutual Culture Club.

Mrs. Eugene St. Clair was the
charming hostess of the Mutual
Culture, Club Friday afternoon
March the twenty-first.
A cordial welcome was ex-
tended to the guests by the
hostess who was assisted by her
little daughter, Kate Oliver, and
Mrs. William Thompson.
The house was attractively
decorated in hyacinths and
flowers suggestive of Spring.
During the social hour delicious
salad course with coffee was
served.
Mrs. C. w. Hall, the president,
opened the meeting. The minutes
were read and approved, the roll
call was responded to with quo
tations relative to Spring.
Mrs, J. C. Windham was the
gifted leader for the afternoon
and directed the following pro-
gram:
Reading, Bolivar, the liberia
tor-Mrs Hall:
Notes from South America
Mrs. Trice.
Vocal Solo-Mrs. Topp.
Sketch, The Mighty Amazon
Mrs. Armstrong.
InstrumentalSolo- MissDecell
The charming Caracas and the
United States of Venezuela was
discussed by the membership.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
TuPELo MISS. FRIDAY, MARCH 2s, 1913
SHERMAN TO THE RESCUE

Several Hundred Dollars Raised For the
Benefit Of the Storm Suferers-Sup-
plies Sent to Stricken District
The good people of Sherman
Immediately following the storm
that swept through this section
recently got together and pro-
ceeded with the work of raising
funds to relieve the distressed
sufferers.
A committee was appointed
composed of J. S. Livingston, e.
H. Parks and G. R. Witt. This
committee called to their assis-
tance number of others who
rendered valuable assistance in
collecting and distributing sup
plies to those who had lost in
the storm. The town of Sher-
man contributed $111.25; Odd
Fellows of Sherman S25. 100; The
Ladies Aid Society $115. 90; Fair
field and community through the
solicitations of Miss Addie More
land and Mrs. Eugene Francis,
contributed $4,000, NJ c N i e |
Schoolhouse community through
the solicitations of Mr.. John
Putt contributed S48.75 making
a total of S350.00. The COM
mittee decided that the best
means of distributing relief to
the sufferers was by buying sup
plies and giving it to each family
in proportion to their needs.
The committee purchased beds,
mattresses, bed clothing. dining
room and kitchen utensils and
filling five large wagons the COM
4
mittee went among the sufferers
to give them every needed relief.
The committee was ably assisted
by 1cossn1ittee from the Ladies
Aid Society composed of Misses
Mamie Cypert, Maud Parks,
Belle Witt and Mrs. Scruggs.
The sufferers were greatly re-
| lieved and made to feel that in
the midst of their misfortunes
there was human sympathy
that prompted the good people
of Sherman and community to
open their hearts and purse
strings for their relief.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
Walter Eccles Tonight.

Mr.. Packard, the great car
toonist who made such a hit with
the patrons of the Lyceum
Course, says: Walter Eccles
and the Four College Girls is
decidedly the greatest thing you
have on your Lyceum course. ="
Mr.. Packard has been on the
Lyceum platform a number of
years and knows whereof he
speaks. Mr.. Eccles is sustained
by a company of five attractive
and pretty young ladies, all fin
ished artists. Their program is
varied from a football game to
the highest production in the
musical art.
See them at Comus Theatre
tonight at $3.50.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28

murder of John F!ilgo, Jr was
called and motion for special
venire of 200 names was sustain
ed by the court and the names
drawn and the venire facias is
sued returnable Friday morning.
The case will be called at $50
Friday morning. The State is
represented by the District At
torney, Anderson & Long; the
defendant bv Geo. T. Mitchell,
and Clayton Mitchell & Clayton.
The grand jury returned an
indictment against Will Pulliam
for murder for the killing Of his
father, Charlie Pulliam, in the
northern part of town several
weeks ago. Geo. B. Hill was en-
ployed to assist the state in the
prosecution of the defendant.
AS the defendant was unable to
employ counsel the court appoint
ed Mess. S. P. and C. g. Long
to defend him. The testim my
was soon presented to the jury
who retired and after a short
deliberation returned verdict
Of guilty of manslaughter. The
court sentenced the defendant
to five years in the penitentiary.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
HAIL STORM WEDNESDAY
Heavy Hail and Electrical Storm visits Iu-
pelo and Vicinity-Hail Larger Than
Hen Eggs y Window Lights Broken

This section was visited by a
severe rain and hail storm on
Wednesday. Beginning at noon
rain poured in torrents for sey-
eral hours. Between II and l
o'clock hail fell, some of the
stones being the largest ever
known to fall here. Some of
these stones measured seven
inches across. West of town the
places of Way Sample, Oscar
Trapp, Bob Harrison. R. S. Wal
lace, Will Sheffield, Robt. Gam
brell, Louis Eaves, Rev. Armour,
Mr.. Shirley, w. L. Joyner, P.
E. Carothers, O. B. Rogers and
John Rains suffered more or less
damage. In a number of the
houses in the track of the storm
all the windows on the west side
were beaten out by the hail and
wind. No personal injury to
any person is reported.
Bob Love, of the east end of
the second district, reports a
very heavy hail storm in his sec
ton. He reports hail that fell
at w. P. Gardner's and measured
by him to have been 9 inches
long and z inches wide. No loss
of life is reported from any point
in the county.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
Trice-Raymond Hardware Co.
Poultry and Eggs for Sale.

Kellerstrass Crystal White Orpington
eggs $500 per Is One pen of seven
(7) R. |. Red. Also 25 high class cocks
and cockrels.
Breeds: B Orpington, B. P Rocks,
R. C. White Wyandottes, l. R. Duck
eggs, and a few pens of high class
White Orpington hens. One 50-egg
Buckeye incubator cheap.
PROVIDENCE POULTRY FARM.
48-8t Nettleton Miss.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28


this plum, so the people here
should get busy and send your
representatives to Jackson with
the best backing possible. Many
members pledged your repre-
sentatiyes to vote for this bill at
our meeting next winter. Sup
pose we have a mass meeting of
the people of the county and see
what can.be done? Also invite
our Senators, Broyles and Steph-
ems, to be with US at said meet
ing. Respectfully yours,
P. &. Carothers, Reps't.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
Card of Thanks.

Tupelo Chapter U. D. c.. take this
method to publicly express their thanks
to Mr.. C. P. Long for the handsome
subscription he obtained for our use in
entertaining the state convention in
May. We also thank every one who
contributed.
TUPELO CHAPTER U. D. c.
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
Skin ON Fire ?

Just the mild. simple wash, the we'll
known Odd. Prescription for Eczema,
and the itch is gone.
A trial will prove it.
We have sold other remedies for skin
trouble but none that we could guardn-
tee as we can the Odd. remedy. If
the first regular size S1.00 bottle does
not do exactly as we say, it will not
cost you a cent.
Pound Kincannon- Elkin Company
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
A HOSPITAL FOR TUPELO'

Representative Carothers Thinks Prospects
Good and Urges the People to be
Ready When Legislature Meets
To the Editor of the Journal,
the People of Tupelo and Lee
county, Mississippi:
AS l am often asked by our
people as to the probability OF
Tupelo and Lee county getting
the State Charity Hospital es-
tablished at Tupelo at the next
session of your State Legislature
| will now state that | think the
outlook good, with the proper
encouragement by the town and
county.
There are now, as | suppose
most of you know, five charity
hospitals in the State, all of
which are in part or wholly sup
ported by the State. They are
all located in the southern half
of the State-south of the line
running from Lauderdale Springs
West to Canton, and on west to
the Mississippi line. So you see
North Mississippi is not getting
a fair deal.
say that | think that there is
no doubt that there will be a
building of that kind somewhere
in North Mississippi in the near
future, and it is foregone con-
clusion that Tupelo is the logical
place for it, from the fact that
we have one of the most progress
sive towns in North Mississippi;
located at the crossing of two
grand trunk lines of railroads.
We are more accessible to the
territory that it will be expected
to serve than any other town in
North Mississippi. Situated as
we are, 105 miles from Memphis.
140 miles from Meridian, 100
miles from Jackson, Tenn, $50
| miles from Birmingham, Ala,
and about 40 miles from the
Alabama line on our east, you
see we are situated in the geo.
graphical center of the territory
needing such an institution.
Another reason why we should
want it is because the charges
are almost prohibitive, especially
to the poor. at those hospitals
out of the State. Other institu-
tious of this kind have been Sc
cured by the town and county in
which they are located putting
up a liberal bonus and then the
State coming to their aid with
liberal appropriation.
There was bill offered in the
Lower House by your represen-
tatives in the House, but for
different reasons it failed to pass
mainly because it was late in
the session and the finances of
the State were running short.
However, one of your Senators,
DIR. Broyles, of Monroe county,
offered a bill for the establishing
of a hospital at Tupelo upon the
consideration that Tupelo give
S15,O and the land on which
to build and the State to give
$4,000. This bill passed the
Senate by a vote of % to 8 in its
favor. But it got to the House
too la e to be passed on at that
session, as everything was in a
rush to get through and as the
money was running short, the
friends of the bill thought it
best to let it rest until the next
session.
will in conclusion say | am
sure that the bill will have many
friends that will support it that
would not have done so at the
last session on account of the
States finances.
| was in Jackson a few days
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
VOL. Al
CIRCUIT COURTIN SESSION
Convened Last Monday With Judge Clay
ton Presiding-Wll Pulliam Gets Five
Years-Cwil Docket Next Week


The March term of the Circuit
Court convened Monday morn
ing with all the officers in their
respective places. The court
was opened and the grand jury
drawn by the Sheriff and Clerk.
w. ]. Austin, of Mooresville,
was appointed by the court as
foreman. Judge Claude Clayton
Gwas present and presiding.
Judge Clayton in his charge to
the grand jury called attention
to the numerous violations of the
law which it would become their
duty as an inquisitorial body to
investigate. He first warned
the grand jurors of the grave
responsibility resting upon them
and their duty to the citizens OF
the county. He referred in de-
tail to those offenses which are
most frequently found IN the
violations of law and urged the
grand jurors to return without
fear or favor all who were shown
by the evidence to be violators
of the law. Judge Clayton
stated that upon entering upon
his duties as Circuit Judge he
would endeavor to uplift the
various counties and commun-
tiles in his district and asked
the cooperation of the Jurors,
of the bar and the people gener-
ally in his efforts to see that the
law was properly enforced. The
Junges' charge was a lucid
Interpretation of the duties OF
the grand jury and the court as
they relate to the public gener-
ally.
Judge Clayton Informed the
bar and the officers, the jurors
and the witnesses that 1t was
his purpose to run his court on
schedule time; that he would
open at $50 in the morning and
recess from 1900 to LOO O'Clock.
That after the cases were set the
attorneys, the jurors and wit
nesses would be expected to be
on hand at the appointed hour.
He called attention to the fact
that our courts are run at heavy
expense and that the money
came out of the pockets of the
tax PAYERS and that it would be
his purpose to save the people
from any extra expense by
expediting the business before
the court.
Judge Clayton directed the
Sheriff to call the roll of the
county, district and municipal
officers. He read to them that
section of the Code which re-
ouired that they should be pres
ent to hear the Judges charge.
A number of the officers failed
to answer to their names and
the Clerk was directed to enter
a fine of $1,000 against each
who failed to answer and enter
a judgment nisi and to issue a
scire facias for each, returnable
at the November term of court.
After the organization OF the
court the civil docket was sound
ed and the cases triable at this
term were set for next week,
beginning on the cases OF the
Frisco Railroad Company at $3.50
Monday morning. There are
about 100 cases on the civil
docket.
The state docket was taken up
Tuesday morning with District
Attorney Bratton and County
Attorney Rankin representing
the state. Judge Clayton soon
had the mill grinding and reeled
off the cases with a celelity that
made some of the defendants
ondor tmho oro thpv were at. -
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28

The Journals job department can
meet your needs lntelligently
The Tupelo journal. (Tupelo, Miss.) 1876-1924, 1913-03-28
Friday, Saturday and Monday, Apr 4.5.7
NO.. l

with competent lady charge and only will she fully
before the ms of this wonpeu stove but she may be able
give valuable pointers reference cooking
friends here and parake of the good things
which will be served free of charge.
Newport daily independent., 1913-09-20
Prof. Russell HOnOred.

Special to Indpeendent.
 Little Rock, Sept. % Prof. M. J. Russell of the Hendrix College faculty, has just return ed from St. Louis, where he was elected Vice-President of the Western Division of the A. merican Athletic Union, and also made a mamber of the govern ing board. This is considered a very great distinction for Prof. Russell, as he was the first and only representative Arkansas has ever had at the Union. He was a delegate from the Arkan- sas Athletic Association.
 Theodore R. Bland, son of Richard Bland, the famous free silver member of Congress from Missouri, was elected president of the Union. He is a practic- ing attorney in St. Louis, but takes an active interest in am- ateur athletics. The action of the Union in making Prof. Rus sell member of the governing board will give Arkansas an in- fuential position in determining the policy of the organization.