Newspaper Page Text
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VICTOR
ijjj Overbnrtliened Tas.
0 j Clarke Connty
ATHENS GEORGIA. TUESDAY MORNING, OCTOBER 29, 1889.
BILL WITH-
^rSOPLGSAVISO AN IN
pEFO’lTH SUM.
one End of Old Clarke to
r ..lheBanner Thanked and
C<nrr* tulaied ‘
w hen Tub Banker car-
JJpodt'.'linir* to the oppiesacd
\ of Clarke county tha; Mr.
THE COTTON MARKET.
vthons Will Easily Pass One Hund v
Thousand Bales.
Atl.cns has always enjoyed a renui
io for being a large cotton market, a,
utherto has been content with men
ng from seventy-live to eighty-!i\
housand bales. But this year she \vi
.ake along stride forward and wi
eisily roll up over one hundred thou*
md bales of the fleecy staple.
Capt. J. H. Rucker stated to a Ban
vkr man yestordey that the recent
vere unusually large at this;time of th
>f the year, and promise to be stii
! arger. Up to date upward of 25,00
>alcs have been received here, and th.
daily receipts now average about 1 ,2(M..
Gapi. Rucker does' not thiukit al
doubtful but that at least one hundrer
housand bales will coiue to the Classh
city this year. Cotton has been decli
uing in price here for several days, but
has now come to a stand still, frou.
which it is apt to rise. Athens j* de?
tiued to be a great cotton centre, ami
' vU1 in * double her aircuth
enormous receipts.
HOT 6IJILTT.
AIBOST i RIOT.
GREAT EXCITEMENT IN LEXING
TON OVER THE TRIAL OF
HUFF.
Organized Mob of Negroes Invade
the Court House—They Endeavor
to Cause a Panic by Crying
“Fire.” The Whites Armed
W.th Winchesters.
A VERDICT OF GUILTY BENDER-
ED.
Ac-
ij#lwithdrawn his insolvent costs
gjllKt all danger of an addition
al, being added to the backs of
idling and poverty-striken pen-
,j ^i, there was an outburst
^ such as our county had
Wort know n, and Tub Banner
(taktd ami congratulated on all
jstlietight it had made for the
i We received a large number of
iteribwH, and the editor did uot
i min hut gave hint a hearty
jaftbe hand ami a word of cheer.
Ink our friends for this appreci-
of our work, and assure them that
giaour duty ns an honest jour-
ttnd afaithful guardian of their
*s. Uchase always stood by our
bin defense of their rights, and
bwislong as «\ve ate able to
iipui.
ibwe hive received no official in-
Ktionthat Mr. Tuck lias withdrawn
have no doubt about asaert-
taiiitwill never pass—for the de-
• eftlie Atlanta court has already
•lia-d-a l as an Egyptian mum-
■in fare of the manly and strong
te of protest from the last
djnry, we do not believe there is
»)w will now dare to force this
■fwtthe rebellious backs of our
fare already diown that it was
■tended not only to hold the tax-
oftlurke county responsible for
Wicitor's entire insolvent cost
i roved by the published
•butafterwards amended to an
He amount.
«;wn-e of ;m 1 light against this
J Du. Bwnf.u would have
ltd to naught had wc not been
rd in our work by the people
fc’kol by the Court decision and
y jr y. To these agencies is
of this great victory for the
VomIuc more than to what little
lr PM*rrcould give.
,l 'k is won—opposition is dis-
routed—the people triumph
1 l>AX>Kit will now drop the
turn its attention to other
the advancement and
P>a.-t;r of our section. But if at
'"teethe rights of the peo-
taweucil, we shall unhesitating-
Hieir rescue.
■ not until the Court
n ’ ''<1 this insolvent costs bill as
ionul. and the grand jury of
tulr l '' V demanded its with-
* lla * :u t was reported to be
‘U'la the calendar of the legis-
' ,e ^H " as withdrawn under
x buyers can now breath easier.
“Str that
- lu Jjas bem removed.
Charlie Lester and Henry B-Uock
quitted of the Charge of Murdir,
For twoentiro days the court ha>
been engaged in the trial of Charlie
Lesser and Henry Bullock, charged
with the murder of Bill McWhorter in
August near Mt. Zion church. A m d-
titude oif witnesses were examined by
able counsel and at dinner time to-day
the argument began. Judge G. C.
Thomas opened for the State, in an able
speech. He reviewed the testimony
fully and completely. Col. T. W
Rucker followed for the defense in a
argument full of force and effect. Col.
E. T. Brown closed the part of the de-
feuse in a strong speech and Solicitor
General Russell closed for the State.
Judge Ilutchius finished his chargi
about ten o’clock, and tbe case went t<
the jury. The jury remained out about
three quarters of au hour, when they re
turned with a verdict of not guilty.
At eleven o’clock last night the two
prisoners were- libereted and again
breathed free air.
AUS WARE.
for weeks boyered
! tout the
■Hu 7 ™ 1:lte M r * Phinizy
ibej j V. :l clase that gave one
10 evcr y Methodist
officiated in his funeral
‘"noti.‘° r °" ( ‘ re thirteen present,
bat Ik. " tu-Ther it is true cr
„*soneofthe most chari-
»8t»uaei^ V j r r - am * b * s church
Jv pu 3 *-® starts Europe, as or-
°? 0ctober 30, and
Holy Lanti - The
old sitl! >ern . acle bave decided
A I ' t ° a Uni o? an< * a of' ground
for thf een avenue has been
- ll be bro!^- - tw ' stl ' uot uie and
io
ill
e » on next Monday.
Mr. Pi Kidd Tel«s Wky He Shot Tkis Ne*ro
A Clear Case of Solf-Uefense.
Mr. Pi Kidd, the young man who
shot Aus. Ware at Mr. William’s gin-
house, in Oglethorpe county, was in
Athens yesterday, and gave a Banner
reporter the following particulars of
the affair. Mr. Kidd says that he had
been trying to quiet a difficulty between
the negroes over which wagon should
udoad first, but finally became disgust
ed and walking oft told them to fight it
out if they wanted to. Aus. Wailj, who
was in the employ of Mr. Williams, fol
lowed hiui up with a stick in his hand
cursing. Mr. Kidd demanded to
know who he meant by bis abuse. “I
moan you, you d—d scoundrel,” was
the reply. The mgro followed up this
insult by attacking Mr. Kidd with the
stick, the first blow glancing fretu his
head and the secoud striking his left
arm, inflicting a painful injury, ne
cessitating his now carrying his arm in
a sling. Seeing that,his life was en
dangered, Kidd drew a 32-calibre
Smith and Wesson pistol, and flreu at
tbe enraged negro, the ball skinning
his bead. Three other shots were fired
in rapid succession, two taking effect—
ond in his side and other near the na
vel. The pistol then refused to revolve
and Ware walked off to a corner of the
fence and laid down. There was only
one white man present, Mr. Sorrells,
and a little child of Mr. William’s, but
a dozen or more negroes. The latter
went to the wounded man and carried
him to a.uabuuabout one-quarter of a
mile distant. The news soon reached
Mr. Kidd that the blacks were organ
izing to lynch him, and as he is a brave
young man started to the house to get a
shot gun and meet the mob, but he was
turned back by his father and Mr.
Williams.
Yesterday the doctor reported Aus.
Ware’s condition as more hopeful, al
though he is not out of danger. One ball
bad been extracted, but the other can
not be found.
Mr. Kidd is a quiet young mam and
stands well in liis neighborhood.
City Clock.
• Everybody knows bow a newspaper
should be edited, but it so happens that
the number is small who succeed as an
editor. The chief duty of an able edi
tor is not so much in putting things _ur
his paper as keeping them out and giv
ing Skill', the jeweler’s, locals about
diamond spectacles, jewelry and city
clock a better space.
It j s hoped to have the electric
lights up in time for our Fair. If so
they w ill be carried out to the grounds,
‘ven every night.
b/itwfq ' ■
Special to tha Banner
Lbxinoton, Ga., Oct. 24.—This sess
ion of Oglethorpe Superior court seems
o bo quite an interesting oue, and the
ourt room is densely crowded all tin
ime. Yesterday morning things as
sumed a climax in what came very near
being a serious riot. The McWhortei
use had just ended in a mistrial ami
the ease of the State vs. Jim Huff,
vas under progress. Huff, it will be re
numbered, is the negro who killed Mr.
Uouis Waller, near Lexington, some
.ime since, and who was brought to
Athens . for. safe keeping to prevent
lynching at the bands of the mob.
A great deal of feeling was stirred up
f *y the murder of Mr. Waller, who w as
i highly respected citizen and who
numbered liis friends by the score. So
iigh was this feeliug that it became nec
essary to remove Huff from Oglethorpe
county and bring him to Athens.
Consequently the interest in ttiis tri
al ia very great, and everybody in the
surrounding section of country was
here yesterday to hear the trial.
The evidence being in, Col. P. W.
Davis, of Elberton, attorney for the
defendant, spoke for two hours in the
interest of his client.
Solicitor General Howard made' clo
sing argument for the State, and it was
during his speech that the trouble came.
Everj negro iu the county nearly was
at the court house to hear the trial,
and to see that Huff was not lynched by
the whites. They are expected back
to-day to hear the verdict, and if Huff
is fqund guilty of murder there will
a desperate effort to release him. The
other side is prepared, however, armed
with Winchesters in large numbers,
and it is not feared that the negro will
be released.
As Mr. Howard w r as finishing l.is
speech, a stampede was caused *>y
.lie purpose of deeds of violence, bu
imply to protect their families iu can-
>f an outbreak among the aegroea.
Some years ago there was a riot at
Crawford in which several white men
were wounded, and at frequent inter
nals since that time trouble lias baei.
threatened by the uegroes.
LATEB.
Tbo news reached Athens last niglu
4iat the jury in the case of Huff ren-
lered a verdict of guilty without re-
xmimendation to mercy* It ia said that
the uounsel for the.prisoner will appl}
for a new trial, and in ca3e this is re
fused, carry :’.te case to the Supremt
Court. There was no disturbance by
th j negroes «pto tbe time the laat trail;
passed Crawford. Lexington, bovfe - >
:s filled with negroes and. in case that
an attempt is made to rescue the pris
oner, the jail was strongly guarded by
armed ineii all night. During the trial
Huff did not seem the least excited, and
ivas laughing while the case was in
progress.
He is a hardened criminal and a very
<1 ingerous negro. The defense’s owii
witnesses condemned him, and Solicitor
Howard in his speech, stated to tbe
iury that they could throw out all the
videuce from the State’s witnesses,and
would be fortted under their oaths to
bring in a vefflict of guilty.
Special to tbe Banner.
Lsxinqton, Ga., Oct- 25.—The nsgrq
Huff, who was charged with killing
Louis Waller, was found guilty by the
the jury,*fter being out two hours.
After hearing the verdict. Judge
Lumpkin gave the large crowd, which
had assembled, a good sensible talk -1 as
their duty to let ?he court take its
course. The gallery was packed with
negroes, and tha court roam packed
with whites. The crowd took the ver
dict of guilty quietly.
The sheriff says that keep the
prisoner here until his han",
unanimous as to the verdict being cor
rect. 4 ' - ■ i p
The square is now crowded with ne
groes, but they are perfectly quiet.
The case against another Huff negro,
for sUootiuglRtMr. M. II. Youag at
night, wasseivtenced to four years m
the peuitentiary.
This negro Huff had been living with
Mr.'fymng, but bad made Mr. Young
mad,Tie (Mr. Y.) told him to leave.
The iiegro left until night, when he re
turned, and slipping up to the house
the I by crawling through the garden, and
negroes in the gallery pouring kerosene j shot, as he thought, at Mr. Young, but
on the steps and applying a match to it. it was Mr. Y’ouug’s daughter who was
The oil burned, and a dense smoke j eating on the piazza. Mr. Young was
arose. Abeve this came the cries of the i tke hall, talking very leudly and
negroes: ‘‘Take the prisoner to the j l»«****» and the n«gro thought sure
jail!” “Take the prisoner to the jail!” i tbat person was in the porch, he just
and one after another rhey ran down ! c <»nld faintly see. He opened fire, when
theslepssbonting as they came.Twenty j the young lady knocked over several
or thirty pistols were flashed into the air j chairs, Ac., and was hurt ia that way,
and a quietness was put upon the whole j though no balls struck her. It seems
affair by the shining barrels of the little the Huff negroes are a bad set. Such
death dealers. It was some time before ; sentences as the above will quiet them,
order could be restored by the Judge, j l guess.
The sheriff’and his posse extinguished j The crowd will be small to-morrow,
the flames. ! as the cases in whieh the mass of the
It was about night, and Judge Lump- people interested are all disposed of.
kin withheld his charge to the jury until | There will doubtless be an adjourned
this morning. The prisoner was taken ‘ term of court.
to the jail by Deputy Sheriff Winn, as- j Col, Upson, of Athens, is here, to at-
si.-ted by eleven others who guarded tend a case that he represents in this
him from assault. • court.
Under the evidence it is not thought [ Messrs. Johnson, Moore, Lowe, Hale
that Huff will be convicted of murder, and several others, from Athens, have
but he will most probably be convicted : spent the day here,
of manslaughter
MR. IRA C- YanDUZER
SITXg HIS SIDS 09 TIB TXOUBLK WITH
JUDGK LUMPKIN.
The Origin of the Difficulty and Hew the
Encounter Terminated—Judge Lump
kin Refuses to Answer a Letter of
Apology.
. . ... , --
Mb. Editor:—Since the occurrence
you have published several incorrect
accounts of the affair between Judge
Samuel Lumpkin and myself which
took place in Hartwell oi» the 20tb ult.
I therefore ask that you now publish
uiy account of the matter.
I had hoped that it would not he nec
essary to go into the newspapers with
the matter as I consider it a personal
difficulty which ought to have been left
to the parties themselves for settle
ment. But it seems that the Judge’s
friends were not willing to pursue this
method. Hence the diligence that has
beenyhown to do the judge justice, as it
is termed. I am willing that perfect jus
tice be done the^Judge, and that both
his private and public character shad
be defended; and I am further williog
that any of his friends who desire,
shall undertake the job. But while
the judge through liis friends is asking
at the hands of the press and tbe public
will he no less willing to deal wit£ me
in the same spirit of fairness, though l
be not a judge. I therefore offer the
following which I understand are facts
in the case.
On Thursday, the irthof September
last, there was called in the Superior
court of Hart county the case* of Wil
liam Powell et al vs. J. Ben Thorton :
an action for the recovery of the home
stead interest in a tract of land now
owned and occupied by Mr. Thornton,
MoC’urry & Proffitt representing the
The negroes have said ^jfey would plaintiff* and J. . N. Worly, W. L.
not let Huff hang; .The pe£qil2r uirtiii ■ H «JsauuuL|BjBeJ appearing for the
:u\d an
U •>} •' ; n'«
Trouble is going to come, no matter
what the verdict is. If he is convicted,
the negroes will attempt his release,
and will be stubbornly met by the
whites. If lie is cleai*ed, the whites
will most probably attempt to lynch
him.
It may he a mistrial, as it is under
stood that one of the jurors said before
he was drawn that he would st.i *k them
for conviction, and if the court didn’t
hang him, the people would.
There is an organized party of men,
so it is said, determined to lynch him,
if the court sets him free. This body is
A Love Story in a Box of Toothpicks
“The tinder of this will please address
Miss ,Lewiston, Me.”
So ran a note which fell into tbe
hands of Night Cashier James Hilliker
of the Creamerie several months ago. It
was written in a delicate feminine hand,
and was carefully folded in a box of
wooden toothpicks,and one night wliiie
Mr. Hillker was filling the silver hat on
tbe cashier’s desk that bolds the tooth
picks the note rol led out pefore his eyes.
He stuffed it away in his pocket and
thougth nothing more of it until the next
day. Then he concluded to answer it,
fiye hundred strong, and they say they | wrote to tbe young lady stating that he
will lynch before the court house doors. ( had found the note.
Things are in a troubled state of ex-j A reply came, and from that quite a
citement, and if something is not done correspondence sprang up photographs
quickly a tragedy may be the result. | were exchanged, and the matter soon
The negro may be hurried off to Ath- ripened into a courtship. Mr. Ililliker
ens or Augusta to escape the mob. I has ascertained that his fair correspund-
Itis a well known fact that there is ent is a very worthy young lady. To-
au organization of White Caps in Ogle- day he goes east, and if the mutual af
thorpe county, the only one in the , Action which the exchange of photo-
South, and it is comprised of the best. graphs caused to spring up does not die
men in the county. This organization out when they meet'face, Mrs. Hilliker
has been forced by the turbulent char- will accompany him hack to Kansas
acter of certain negro leaders among City. Mr. Hilliker is a son of ex-Mayor
them who have been threatening to burn Hilliker of Kansas City, Kan., and is a
houses and murder any white man who . very worthy young man;
interfered with them. These White I
Caps have never made any aggressiie —Mr. Voss snys the new street cars
movement as yet, but they are prepared j will not arrive iin time for our Fair, but
for any emergency, being armed with there will be eight running and cm
the most improved guns and plenty of transport 5,000 passengers a day. Only
amunition. They are not organized for five cents fare will be charged.
defendant. I having bean Bret «>^i a y.
ed in the case its court management was
puc upon me
In 1885 the land in dispute was levied
on as the property of William Powell,
the plaintiffs in execution claiming
maUtBo Komesfetw ; TRKtU r tf
Powell had terminated. This William
Powell denied aud came into court an 1 *
claimed tbe property exempt from levy
sale as homestead property, so the
question as to whether the homestead
had terminated or uot was given the ju
ry who found th^t the property was
subject to the execution. The sheriff
sold the land and Mr. Thornton became
the purchaser and went into possession.
At the September term of 1889, William
Powell,representing his wife and minor
children by his second marriage, sued
Mr. Thornton for the homestead interest
in the land and it was this case that was
being tried on the 17th. The defend
ant had plead “Res adjudicate” to sus
tain which plea I ottered in evidence
i the reeotd of claim case tried in 18S5.
j When this record was offered before any
objection was made to its admission
the court took recess for dinner. Plain-
tift' 4 s counsel took the recerd and looked
over it duriug the dinner hour. When
the court met they offered some objec
tions to a portion of tbe record about as
follows: The subpoena for witness in
claim case, which happened to be
among the papers. The bill of costs
made out by the clerk in the case, and
paper showing sale of land and dispo
sition of the funds made by the sheriff;
all of these the defendants counsel
agreed should go out as not being rele
vant. The plaaintitt’s attorneys then
made these further objections to one
fi fa for insufficiency of levy to four
other other justice court fi fas as irrele
vant aud the judgment in the claim
case because it was judgment for cests.
All of which objections the court over
ruled and admitted the record.
Other portions of the record consist-
ing of affidavits of the plaintiffs in the
fi fa asserting that the homestead had
terminated and the affidavit of Wm
Powell denying the fact • and claiming
the land under the homestead were not
objected to at all. The record this in
the plaintiff's sought to prove by parol
testimony tlist the right of the present
wife and minor children of Wm Powell
had not been adjudicated in the former
action. The defense offered contra
proof. While this contest was going on
tho judge from the bench voluntarily
decided that the record must go out;
on Wednesday the judge called me to
him on the bench and said “Van, 1 don’t
want you to get mad with me about
that Powell case.” I assured the Judge
that I was uot mad, bat told him that
my feelings had been somewhat hurt
because he ruled out that record witL-
out being asked to do so. He assured
me that he did not intend to hurt my
feelings, which explanation was entire
ly satisfactory to me, hut of course did
not change the fact. The matter thou
ended until Friday, tho 20th, when I
presented a motion for a now trial in
tho case,’ the 8th ground of which was
as follows:
Because the court erred in ruling out
testimony ex mere motu the record of a
former claim case etc. Tho judge ask
ed me to strike out the words “ex
uiero motu,” stating that ho didn’t
want to go before the Supreme court in
in that light and I could get the full
benefit of the ground without those
words. I replied that it was the truth
of the matter, aud I would like to get
the benefit of that fact if there was any
:o be had. This remark seemed to au
ger the Judge and he said “It is uot the
ruth, and if I certify to It I certify to
i falsehood,” and drew hie pen across
he words “ex mero motu.” This re
nark I took as directed Lo me personal
ly and of course became offended.After
court had adjourned and the.judge and
his party bad returned from an evening
ride and were standiag in front of the
hotel I approached the party alone and
•aid: “Judge, do you oousider your
court at an end so far as protection to
to your person is concerned?” to which
he replied, “I certainly do.” I said,
“then demand that you retract what
you said to me in the courthouse this
evening,” to which Im replied^‘1 eu- .
pbaticajly decline to do anything of .
the kind.” I then h». nek him in the
face, which he resented as vigorously as
possible. As soon as ’this encounter
was.over the ‘Judge renounced pny in
tention oif giving me any offense, which
if he had done at Hrat would have avoid
ed a collision, whereupon I openly
apologized to him for what.1 had done.
This ‘apology he refused'.ih .accept..
Nothing more was done or said by me
about the matter till the 8th of this
month, when I forwarded the judge this
letter: .
Haktwbll, Ga., Oct, 7.1889.
Hon. Samuel Lumpluh r
Warrenten r Ga.,
■ DhabSib;—I am persuaded that I
should make to you an explanation and
apology for ray conduct towards you in
Hartwell on the 20th ult. While in the
eourt room I was impressed-**^ .*-»•-
believed that^thela»«u*B* a™ 1 manner
rnr-wmcirirwas spoken by you to me
was intended by yourselt as a'reflection
upon my veracity and professional con
duct. While smarting under
the sting that such impressions make
upon the feelings of every gentleman I
impulsively acted. Now after cooly aud
dispassionately consderingjalt of the
surrounding circumstances and haying
your word for the same and being in
formed by others that you now disown
any purpose to offend me. I am convin
ced that it was not your purpose to call
in question any word or act of mine.
Beleiving this I conceive it to be right
and a duty which I onght*to discharge
as promptly and fearlessly as I cenceive
it to be every mans duty to resept any
aspersion of his character. To offer this
as an unqualified apology for my every
word and act which has given you
offence. I am prompted in tliikby feel
ing that it is right, an d it b*
accepted or rejected does not change my
duty which I now feel I have fully dis
charged. Yours Truly,
Ika C. VanDuzur.
This letter was written to the Judge
for twe reasons, first because I thought
it right to do so aftes- being convinced 1
that his remarks though insulting in
tone were net so unteudeil.flnd,because I
did not want to stand in the attitude of
offending a man whose position prev
ented him from resonting in the accus
tomed way without offering that satis
faction which it was In my power to give
without hurt to my own honor. The
Judge now holds this letter and makes
no response, this may he proper in him,
but I would feel like making some re-,
spouse or returning the letter. In this
affair 1 am not disposed to con
serve any wrong I have done
(if I have done anyjand am conscious of
the fact that I have done what I thought
right, when I have done this I can and
will do no more. I expect to practice
law in Judge Lumpkin’s eourt and I ex
pect of him that consideration which
position as an attorney demands, more
than tliisl do not seek or desire. Let the
people be my J udge.
Respectfully,
IraC. VanDczer.
—Mrs. Cobh Lampkin, accompanied
by her little daughter Ruby, left on the
Georgia train yesterday morning to
visit relatives in Atlanta and Carters-
ville.
—The extension of the street railway
progresses steadily, and it will soon be
finished. The cars will run to the
opera house, public schools,and Pioneer
Hall when the extension is completed.
—Mr. Pete Roland, a member of the
large mercantile firm of Stokeley &
Rowland, of Crawford, tells us‘ that col-
leetions this fall are better tliau he eve$
knew them before.