The Augusta daily herald. (Augusta, Ga.) 1908-1914, January 24, 1910, Image 1
THE AUGUSTA DAILY HFBfIT.D VOLUME XV, No. 24 MRS. TILLMAN ISAS GUSTODY OF CHILDREN Daughter-in-Law of Sena tor From Soutli Carolina Asks Court to Force Him to Return Her Little ones —lnjunction Sought. COLUMBIA, S. C. —Mrs. B. R. Till man, Jr., today Instituted habeas cor pus proceedings before the supreme court to compel Senate" a Mrs. B. R. Tillman to return 1 two children to her, aged three and five years, and be perpetually restrained from inter fering with them. When attorneys for Mrs. Tillman started in on the proceedings before court Chief Justice Jones stopped them and reminded them that a rule adopted by the court required these court proceedings to be instituted be fore the circuit judge in the home cir cuit of the litigants unless good reason shown why case should be heard in original jurisdiction. Mrs. Tillman’s attorneys protested that they had been advised of no such rule and they were informed that this rule had been announced from the bench about three weeks ago. Chief Justice Jones said the court was very busy this mornig but would hear further from Mrs. Tillman's attorney at noon. It turns out that the Edgefield judge, Judge DeVore, could not hear the case as he had previously been approached for an affidavit in Mrs. Tillman’s favor and he gave a strong one. To Be Heard in April. When the matter was taken up again at noon Mr. DePass, for the petitioner, stated that Mr. Thurmond, attorney for Senator and Mrs. Till man, joined in the request that the supreme court hear the case in its original jurisdiction, as both sides de- (Continued on page three). Mrs. B. R. Tillman , Jr's. Petition COLUMBIA, S. C.—The following is a copy of the petition in the Till man case instituted today: First—That she is the mother of Douschka Pickens Tillman, an infant girl of the age of five years, and Sara Stark Tillman, an infant girl of the age of three years. Second —That your petitioner is the lawful wife of B. R. Tillman, Jr., the father of said infants, Douschka Pick ens Tillman and Sara Stark Tillman. Third —That your petitioner hereto fore, to wit, on the 23d day of No vember, 1908, was forced to leave her husband, B. R. Tillman, Jr., by reason of his cruel, unjustifiable and base treatment of your petitioner and her two infant children and because of a low, degraded, false and disgrace ful attack upon the character of your petitioner. Promised to Reform. Fourth —That following said separa tion of your petitioner and her hus band, A. R. Tillman, Jr., after con tinued and urgent entreaties from her said husband for petitioner to return to him, and upon the specific condi tions and promise to reform from drink, and acknowledging the falsity of the attack upon the character of your petitioner and making pologies for same, and other conditions and promises not necessary to mention here, your petitioner against the ad vice of her family and friends and at the expense of alienating herself from them, and in face of said insults, cru elty and Hi treatment from her hus band to herself and her infant chil dren, with great effort your petitioner put aside her pride, believing it to be for the best interest of her two chil dren, went back to her husband on the 26th day of February, 1909. That since said time and until the 27th day of November, 1909, you petitioner and her husband were living together as man and wife in fair accord and happiness. That on said day without any warning or indications of his in tention to do So, the said B. R. Till man, Jr. t under the guise and avowed purpose ’of taking his and your peti tioners said two infants to see his mother, Mrs. S. S. Tillman, who was temporarily in Washington, D. C., where your petitioner and her hus band were then living, your petitioner believing this expressed intent of her husband’s was his true intent, com pelled said hildren, against their pro test, to go with their father to see their grandmother. That late that af ternoon the said B. R. Tillman, Jr., returned without said infant children and informed your petitioner that he had sent them to South Carolina with “THIS IS I DEPLORABLE TRAGEDY" E. R. TILLMAN, JR. TRENTON, S. C.—“ This is a most deplorable tragedy,” said Benjamin R. Tillman, Jr., Monday morning when shown an account of the suit filed by his wifr ■ against Senator and Mrs. B. R. TillAian, for the recovery of her children. "I do not care to make any other statement at this stage of the game,” he said when asked for a statement, “but I will say that every Mrs. Tillman s Story of Wrongs As Alleged in Her Affidavit COLUMBIA, S.C.—Young Mrs. Till man's recitals of her wrongs in- her suit filed today are touchingly recited in her own language in her aflida vit, which after setting forth the facts of her marraige says: That deponent and her husband lived happily together until deponent's husband became addicted to the naolt of drink, which habit gradually grew upon him until it beren mm or his better qualites and caused him to be cruel to deponent and her two infant daughters, supplanting his otherwise considerate and devoted attentions into cruel neglect, faultfiding ana abuse., That at the earnest solici tation of deponent her husband on three different occasions took the Keeley cure for said nabit, but each and every time commenced drinking again at greater excess than former ly. That on several occasions depon ent seeing her husband go rrom bad to worse appealed to respondents, his parents, to use their inlfuence to aid deponent to reform her husband, but instead of aiding deponent, refused to believe that their son drank, and blamed ’deponent for his conduct If rm did drink, and refused to do anything to assist deponent to reform her hus band. That notwithstanding the said con dition of deponent's husband, which had grown to such excess that he fre quently had delirium tremens, and notwithstanding the many indignaties imposed upon deponent by her hus band as a result of said condition, of too delicate a nature and too numer ous to set forth here, deponent for the sake of her two infant daughters, and with the hope that her husband would in time reform, as he promised time and again to do, though said prom ises had been broken as soon .as raaoe, yet deponent continued hoping for the best, remained with her husband, fearing if she left him that he would take from her her infant children, us he had often threatened to do, and which deponent had been informed he had a right to do. And it was not until deponent’s husband under the influence of excessive drink made a most outrageous, false and degrading attack upon deponent’s character, that deponent so outraged and insulted, flew through the night time with her two infant children from deponent’s home at ‘Edgewood’ to her sister’s home in Edgefield for protection, his mother, he having given them to his mother and his father. That, then and there, said B. R. Tillman, Jr., packed his valise and informed your petitioner that he intended to desert her, whereuon he left. Disposed of Children. Fisth —That several days thereafter, to wit, on or about the 4th day of De cember, your petitioner was informed by letter, dated December 3, 1909, through counsel for respondents, that the said B. R. Tillman, Jr., had by deed disposed of the custody, care and tuition of said infants, to the re spondents herein, and that said re spondents had the custody of your petitioner’s two infant daughters, and would contest any effort of your peti tioner to regain the custody and con trol of said infants. That said in strument, purporting to be a deed, was recorded on December 1, 1909, in deed book 21, at page 617, In the of fice of the clerk of court of Edgefield county, reference being hereto had will more fully appears. Sixth —That your petitioner has never in any way given her consent to respondents to take charge and custody of her two infant daughters, or either of them, and that said in strument, as between petitioner and respondents, is a nulity, at least dur ing the life time of your petitioner’s husband, if not entirely so. Able to Support Them. Seventh —That the respondents re fuse to deliver the custody of said children to your petitioner, notwith standing that said respondents have no right to the custody of said in fant children as against your peti tioner and unlawfully retain them from your petitioner. Eighth—That your petitioner Is amply able to support and educate said infant daughters in accordance with their station in lisp, and that your petitioner is otherwise amply qualified to nuture, rear and educate said children, all of which will more fully appear by petitioner's affidavit hereto attached and the reference threin contained, all and each of which is made a part of this petition. Wherefore, your petitioner prays for the issuance of a wn. of habeas corpus to deliver the said infants, uouschka Pickens Tillman and Sara Stark Tillman, from the unlawful re straint of respondents, and that the said infants be turned over to your petitioner's care, custody and train ing and for such other and further relief as to the court may seem just and proper, and your petitioner will ever so pray. possible means will be used by my father and mother to retain my chil dren whom I have deeded to them. Senator and Mrs. Tillman are in Wash ington, and with them are the two pretty little girls, Sarah and Douschka Tillman, over whom centers this fight between two of South Carolina's most prominent families. AUGUSTA, GEORGIA, MONDAY AFTERNOON, JANUARY 24, 1910. where she remained for several months. Says It’s Humiliating. That it is humiliating to deponent to be forced to make such disclosures, and that she does so solely for the purpose of bringing to the attention of the court what deponent has been forced to undergo to retain posses sion of her two children, and after undergoing all of which, Anally to have them forcibly and in a cruel and inhumane way hereinafter setforth taken from her and delivered into the possession of the respondents. That during said separation, depon ent's husband made repeated and urg ent requests and supplications to de poru-nt to forgive his past conduct, admitting the falsity of tne outrage ous charges against the deponent's character and apologizing for the same and beseeching deponent to return to him, deponent believing it to be for the best interest of her two infant children for she and ner husband to put aside all personal considerations and live together, making their best interests paramount to deponent’s wounded pride, humiliated and out raged feelings, and upon the specific agreement and condition that depon ent's husband was to refrain from drink, and other conditions and agree ments not necessary to mention here, deponent disregarding the advise and pleas of relatives and friends not to do so, and at the sacrifice of being alieniated and separated from them, thinking only of her two infant daugh ters and their best interests, and Be lieving that her husband then real ized his error of the past and would fulfill his promises for the future, went bank to her husband, B. R. Till man, Jr., on the 26th day of February, 1909. A Written Agreement. That during this separation of de ponent and her husband, for the rea sons aforesaid, deponent and her hus band entered into a written agreement in regard to the custody of tlr’ir two infant daughters, dated the 6tli day of December, 1908, the original of which agreement is hereto attached and marked exhibit “A” and made a part of this affidavit. That after deponent and her hus band had made up their differences they lived peaceably and in fair ac- (Continued on page three). Celebrates Forty-Third Year On New Orleans Police Force NEW ORLEANS, La —John R. Com mons, who celebrated Monday the forty-third anniversary of his member ship on the New Orleans police foroe, lays claim not only to the longest con stinuous police service in the country but also to a record as the “most Cigarette User From Childhood , Woman Dies at Age of 116 Years PATAGONIA, Arizona.—Mrs. Juana Corona said to be the oldest person in Arizona died here Sunday at the age of 116 years. Her youngest sur viving child is 60 years old. Mrs. Thirty-One Dead , Forty-Six Injured in Canadian Wreck TORONTO —Thirty-one dead, two missing and 46 injured is the total toll of the Spanish river wreck. The 10 HUH AGAINST LON LIVINGSTON Will. S. Howard Announces His Candidacy for Con gress from Fifth Georgia District. ATLANTA, Ga.—William Schley Howard Monday formally announced for congress in this, the Fifth district, to oppose Lon Livlngßton. GOV. BROWN APPOINTS NEW SECRETARY W. W. Larsen of Swalns boro, Given Position Va cated by C. C. Brantley, of Valdosta. ATLANTA, Ga. —Governor Brown Monday appointed W. W. Larson, of Swainsboro, executive secretary to succeed C. C. Brantley, who resigned to re-enter newspaper work at Val dosta. Mr. Lawson is a young lawyer and partner of Judge F. H. Kaffold. He has already assumed the duties of his office. * THE WEATHER ► Forecast Till 8 p. m. Tuesday. For Augusta and Vicinity: Un ► settled weather tonight; Tuesday ► fair. • For Georgia: Unsettled weath ► er tonight, with rain near the ► coast; Tuesday Fair. RIE-FOM 3F FRANCE IS m UNDERITEI Seine Still Rising at Paris with Highest in Over Hundred Years Eiffel Tower Threatened. . TEN VILLAGES FLOODED > CHALONS - SUR - SAONE— > The dyke at Saone-Au-Doubs broke this afternoon inundations • ten villages. Thoe streets of •Chalons are under water and two • persons have been drowned. H'.m --• dreds of persons are on the roofs > of their nearly submerged homes • crying for help. Boats are being > used by rescuing parties. One-Fourth of France Wet PARIS—A fourth of France, it is estimated, la under water Monday. Snow and rain are adding to floods unprecedented in the present genera tion. The Seine continued to rise Monday at three quarters of an inch an hour and the situation in this city grew worse hourly. Water drowned out the electric plant in the chamber of deputies and today the deputies met by lamplight. The Eiffel Tower is now believed to be in no danger of falling. Prices of food have risen, to the great distress of the poor. PARIS. —The flood situation in Paris reached the most critical stage Mon day morning. The Seine registered 7.63 metres at Pont Royal. This is the highest the river has been since 1802, when it reached 8.80 meters, the (Continued on page five). peaceable patrolman. Commons join ed the j)o!ice force here when he was nineteen years old and has been on a “beat" ever since. "I’ve got all mine to the station with no outward show of trouble,” he says. Local police records hear out the assertion. Corona was born in Sonora, Mexico, Oct. 21, 1794. She had been married three times. From her tenth birth day until her death she was a con stant user of cigarettes. coaches have been raised and the dead removed. There may be a few bodies in the river, but the officials are not inclined to admit. FlEilC MUSI SERIIE SEHTEHCE Prominently Contnected Man Shot Springfield’s Chief of Police and His Deputy. COLUMBIA, S. C. The governor today refused a pardon to H. L. Flem ing, a prominently connected white man, serving a seven year sentence for shooting and breaking the legs of both chief of police Holloway of Springfield and farmer Cooper, who was deputized to help make the arrest. Holloway says he is convinced that Fleming was harried by his lawless family to shot him and that Fleming knws about the burning of Holloway’s house, while the chief was ill there with his broken leg. NIGHT RIDERS IK ISM IGTIIE Further Reel Foot Lake Trouble Threatened Through Posting of Notices on Bluffs. TIPTONVILLE, Tenn.—Captain F. W. Kparkw, a close friend of Judge Harris and who has kept in close touch with the Reel Foot Lake trou bles, says the night riders have been active again on the* lake tdiiffs. Tie says he has it from good authority SENATOR BEN TILLMAN . • v . 7* siKu ii mm Materially Increased, tkeir Score in Saturday Con tests Getting Fifteen out of Seventeen Seats. • HOW PARTIES STAND ► London—The position of the ► parties at this time is as follows: ► Government coalition: Liberal ► 200; Laborites 32; Nationalists, ► 69. ► Opposition; Unionists 219. 4 LONDON —The Liberals materially increased their score, according to to day’s returns from Saturday’s elec tions for members of parliament. They tain 15 seats previously held out of a total of 17 contests. Of Ihe other two seats, one went to a Unionist and the other to a Naationalist. David Lloyd (Jcorgv, chancellor of tfie exchequer and author of the bud get, which led to the general elections was re-elect, d from Carnarvon Bo roughs, but i majority was 146 less than the last general elections. In the Romford division of the Essex where the Liberals in the last election re ceived a majority of 8,885, Sir J. H. Bothell, the Liberal candidate, only se cured re-election by 1,957 on a total vote of 44,405. Thirty oonstitutenejos are electing members to the new house today. The same constituencies were represented in the last parliament by 16 Liberals, 8 Unionists, 2 Liberals and 4 Nation alists. The gains of the respective parties in Saturday’s election com plete remain as announced Sunday morning. They were: Unionists 100; Liberals 14, Labor!tes 1. pooWli OFFSET CENSUS m FIGURES NEW YORK.—The report of the Census Bureau showing 9,792,990 bales ginned to January 16th was quite gen erally regarded by statisticians of the local cotton trade as confirming the government’s estimate of the crop. Nevertheless it was followed by a very nervous and irregular market, opening easy at a decline of 9 to 17 points, owing to relatively weak cables. The demand created by tie- bullish census report quickly caused a rally of 9 to 10 points, but it looked as though a lot of last week’s buyers had been waiting for tbe census fig ures to take profits. Offerings became heavy, there was no aggressive de demand and by midday March cot ton sold at 1418 and May at 14.32 or 30 to 21 points ur»d«*r the close price of last week and about $1.60 to $2 per bale below the high prices of Satur day. that It was a hand of night riders who recently posted the notices on Burdick's Kish Dock at Hamburg and that there in no doubt but that ex tensive “riding” will be done as soon as tin weather permits, us the band is fully organiz'*!. DAILY AND SUN DAY, $(LOO PER YEAR. 8,732,330 BILES SINNED, SIVS CENSUS in Figures Show Amount Re jorted up to Jan. 16— Compared With 12,666,- 201) Bales Last Year. WASHINGTON—-The census bu reau reports tlie number of bales of cotton ginned from the growth of 1909 | to Jan. 16, 1910, was 9,792,990 bales, ] as compared with 12,666,209 bales for the year 1908. The proportion of the last three crops ginned to Jan. 16, Is 96.8 per cent for the crop of 1908; 96.5 for 1907 and 93.8 for 1906. Round bales included this year are 147,846 com pared with 232,610 last year and 188,- 037 for the .season of 1907-08. Sea Is land 92,001 this season; 90,287 lasi year and 80,190 for the. season of 1907-08. The distribution of sea Is land for 1910 by states is: Florida L‘7,888; Georgia, 20,872 and South Car olina 13,241. The number of bales of cotton gin ned from the growth of 1909 to Jan. 16, 1910, as compared with last year is as follows, counting round bales as half bales and excluding linters: States 1910 1909 United States . .9,972,990 12,666,203 Alabama 1,028,725 1,316,803 Arkansas 664,946 931,133 Florida 60,896 68,624 Georgia 1,827,752 1,952,113 Louisiana 254,018 458,762 Mississippi 1,028,101 1,551,702 North Carolina. . 651,533 661,669 Oklahoma 532,251 612,144 South Carolina . .1,114,806 1,192,723 Tennessee .... 232,146 321,727 Texas 2,378,312 3,528,981 All Other States . 55,505 69,732 The statistics in this report for 1910 are subject to slight corrections when checked against the Individual returns of the ginner being transmit ted by nlall. The corrected total of cotton ginned this season to Jan 1, 1910 Is 9,647,327. THALIANS TRY-OUT AT UNIVERSITY Organization Begins work on Performance to be Given in March. ATHENS, Ga.- -The competitive try out. for the Thallgns, the dramatic or ganization of the University of Geor gia, was held Saturday and seven stu dents made the organization. About [thirty applicants tried out. The Thai!- ans give two performances In Ath ops, and two in Gainesville annually. ! .ho organization will begin work at I once on the first play, which will be j presented In March. The following in a list of those who MONEY VALUE OF TRADE-MARK S. C. Dobbs, of Coca-Cola, said the ( other day that the arbitrary trade- I mark name of bis product was easily I worth $5,000,000 -a value which he ! said was created almost entirely by j advertising, He cited the names ! "Kodak,” “Vaseline” and others as 1 having a market value running into millions. Home time ago a prominent maga zine advertising manager who had pa- I tientiy listened to the deprecations of advertising by ari old advertiser, sud denly asked him what he would take for his trade-mark. The advertiser blinked a. little confusedly and "real ly couldn’t say." The magazine man offered a million arid was Indignantly spurned. He offend to double the amount and still met refusal. It II ! nally appeared that the advertiser set iso high a value on ibis trade mark, | wholly developed by advertising, that jiie was not willing to part with it at FIGHT Di TRUST SENDS PRICES Din Chicago Pork Dropped. Sixty-Seven to Seventy*. Seven Cents Below Sat urday's Closing Figures. CHICAGO. The widespread agitation against the high price of meat made itself felt there Saturday when pork declined C 7 1-2 to 77 1-2 cents from Satur day's closing figures. Other pro ducts also declined, but to a lesser degree. Pork for January de livery broke from $20.90 —the closing quotations of Saturday— to $20.12 12 within the first hour of trading. The May option sold from $21.25 to $20.50 and the July delivery from $21.25 to $20.57 1-2. Fight on in New York. NEW YORK. New York Monday 1* In the thick of the fray for a reduc tion in the cost of living. A grand jury Investigation into the meat question is pending a tors inquiry Into the cold storage situ ation has been begun, meetings in protest against high prices for food products have been called and pledges of abstention from meat are being numerously signed. The city thus gives ample evidences of deep sealed interest In helping find some solution of a problem which has aroused practically the entire corn*, try to action. CHICAGO. —Tin 1 work of preparing the case of (he government against four big meal packing concerns of this city to ascertain whether thev have operated to control the prices of fresh meat was begun In earnest In the United States district court Monday before Judge K. M. Landis. A special venire of jurors appeared before Judge Landis and 22, men were chosen to compose the jury that is to nehar the evidence and decide wheth er indictments shall he returned against the packers. The firms against which the gov eminent will proceed are: Swill /k Co., Armour A. Co., and Morris &. Co., who, it is alleged, emit rot t he National Packing company for their common benefit. Early Monday Deputy United State* Marshals were started out with more than score of supboonnen and writs to bring before the grand jury em ployes and books of the concerns lu ' volved. CHICAGO.—The action of the Fed. oral grand Jury In the Investigation of the methods employed by four big local meat packing comuanles was temporarily halted Monday when It was announced that some routine matters had to bo disposed of first. USED 292 DESKS AT STATE CAPITOL Architect of Pennsylva nia’s State House on Third Trial for Big Con spiracy Charge. PITTSBURG, Pa.—The trial of Joseph H. M. Huston of Philadelphia, architect of tho state capitol on a charge of conspiracy to defraud the commonwealth, began before Judge Kunkol, In the Dauphin county court hero Monday. Huston Is accused of conspiracy to defraud tho state In certifying to the correctness of a bill for 292 desks supplied to tho state capitol by Jno. M. Sanderson, furni ture contractor of Philadelphia. The indictment sets forth that a bill for $61,948 contained a fraud of $25,571. Huston was the architect for the construction of the capitol and also was retained to design tho furniture. Millions of dollars worth of furniture, decorations and equipment were sup plied and alleged frauds were dlscov jered. The trial is tho third to be [held as a result of the expose. made the organization: Jacob H. jiowery, Jr., of Augusta; Eralbert T. Miller, of Columbus; Jack Hocock, of Athens; Carl Fleetwood, of Macon; W. W.’ Anderson, of Danbury; Robt. li. Troutman, of Athens, and Sellers Roger*, of Athene. all, at any price! And then the maga zine man practically made him swal low Ids deprecating words about ad vertising. Krcquently there Is a hue and cry raised about the "billions” lavish* d on advertising as if advertising were a wide-mouthed hopper down which money swiftly vanished for ver out of sight Advertising Is still charged purely as "expense” by many cone* rns, quite different from productive ex pense. it is charged up In the man ner of charging up political bribe money, or charity, or cigars and lunches. Properly considered, well-planned advertising is like a hand purchase for productive investment. No listed se curity dri the New York Stock Ex change is a more stable value than good will. In fact, good will created by advertising is frequently the only good cash asset in an otherwise mis managed business. —(Printers’ Ink.)