Below is the OCR text representation for this newspapers page.

Ip >,«5 S® jWgL* . ’S® 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 Tuck lias withdrawn have no doubt about asaert- taiiitwill never pass—for the de- • eftlie Atlanta court has already •lia-d-a l as an Egyptian mum- ■in fare of the manly and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.