Newspaper Page Text
TWO
Stone in Bladder Removed
Without Surgical Operation
Iji the Spring of J SK>4. I won cunt
U» my with kMntry tr<rubl»- an'l
thonirM that I would nwer recover J
took a lot of medicine but did not
any benefit from anything. I
finally *«.w Dr. Kilmer'* Swamp*Hoot
adv< rti-sm* nt and *«nt for a sample
hottla and thought the aampk* bottle
helped me, *o I bought more of th<*
from my Druggist, and after
lifting a few bottlea dlßchargcd a very
larife utone from my bladder.
After pOMtimr thl* *tati* rny hraltii
wnn very much Improved and 1 havw
\rttt-n able* te» continue* rny bttJdne**
without any aoriou* alckfieaa.
J. U KNOWLKB,
Headland, Ala.
H*-rronally app«ur«d Irerfeire me thin
th day of Hetpu-mber, 1909, J. Loftiifl
K , ♦wb * who KUbMcrtbcd the* above
r-tatcmient and made ©«th that the
■ fipi< 1* true* in atttNrtn.ixV' and In f;?r-T
J W. WHXDDON.
Notary Public
Letter to
Dr. K«lm«r A Co.,
Binghamton, N. Y.
Prova What Swamp-Root Will Do For
You.
Bend to Dr Kilmer A- Co., Bing
hamton, N Y., for n rtumpl* bottl* It
will convince* anyone. You will ala*
receive’ a l*ookb*t <4 valuable Informn
lion, tolling nil about the kidney*
nnd Madder. Wh< n writing, be ware
nnd menUem tin; Auffutfta I)iilly H'ualrl
Kciulkr fifty < out and on©-dollar size
bottle* fw ralo at ull drug ft tore*.
—•Mr. ar.d Mr*. Cluudea WiSw
Schley nr* r<* afvlmc oomrrfttukvtlone
upon the birth of a lovely little duugli
t» i r. who will btor the name of lur
mat< rim) jenvodmother, I'iedon Panton
Why l« Bugar Bw*«t7
If migor Sid not dl«»o|vo tn the* mouth
ye»u hhiM not ta*(« tl»*» OfIOVWH
TAHTKLHiHH CHILI. TONIC fa n*
strung tte the not rung**? bittur tonic. but
VOU ao not butte the bitter because the
ftiKT**lf®rit« do not dlnaolve In the mouth,
hut do eltenoive readily in the acid* of
the utomax'h It Ju«t tui food for Grown
People .mi tor Children The FI ret and
OrirliwJ TimM«Wnmi Thill Tonto. The
8t audited tor SO year*. 100.
FOR CATARRH, HAWK
ING AND SPITTING
BAD IUIKATH, DROPPING IN
THROAT, tiihn a It. a Cure* after
other fMBadlM (all. Writs Illnod
Halm Cix, Atlanta, On., for free »am
plns anti teatlmonialx of wonderful
cures At Druggists »t.OO per bottle,
CHENEY’S
BXDHCTORfINT
CURES COUGHS AND OOLDB
Grand ,p a r , l 15
Sotturday mMlnae .. .. 7f> c to SI.OO
Saturday night ?ftc to $1.50
COHAN A HARRIS
—Production of—
FORTUNE
HUNTER
WITH FRItD NIBLO AND THE
ORIGINAL COMPANY
A!r«m<K tha uto«l bilked of play of
thl* fltnnurnHtxn. 1* Fh'Yrl enr»«»r
h«» of th* mo»t phenonuMttil
imtatd, Thf Fortunn Iluntrr," ha*
broken all attnwutiig thru
ire r<*er* and tlmurr-non h
u!!k*\
Boats on Sale Tomorrow, 10 a. m.
Free L»*t Suspended
*> . *»
iy jp 3H >?■ |T "■ ••*
WHICH COMES TO THE GRAND SATURDAY MATINEE AND
EVENING SEATS ON SALE TOMORROW MORNING
JUPITER PLUVIUS INTERFERES
WITH BIG LEAGUE OPENING
St. Louia—On a ground thoroughly
aoaked by rain and under *kla# which
promise another downpour, the Amer
ican lauitii*' baeeba'l Ma on wl' upon
here* thl* afternoon with h game be
tween the localk and Cleveland te-arn*.
The Ht. Lout* team will appear for
the first time- under the management
of Hhode-rie k Wallace. In the tenta
tive line-up Wallace 1* ghortatop, the
pla- e he ha* held for a number of
yearn He picked to pitch the* opening
| i-iirm- the ran John Powell. Man*
uger Jame-e McGuire said he probably
would tie** Blanding.
The game* will be called at 3 o’clock.
At Polo Ground*.
New York.—Baseball came Into it*
own for 1911 today. At the Polo
Ground* the New York Nationals and
the* Philadelphia team will open the
eeasnn'H play In the National league.
W*«th«-r prospects were* better than
th<- most sanguine* had imped for the
day rlartlng clear fend the air wan
foildf r than for day* past.
Mayor Oaynor w«h *che*duled te» t *<R
the ne w ball to *tnrt play. ManajwV
fioofn early announced Hint hi* pitch
ing selection would be* Karl Moore,
wtth the- player-manager himself at
the receiving end. McOrftw was Icmh
communlcatlvM but there were Indica
tions that Leon Arne* would oppose
Moore with Myers to catch him.
Chill East Wind.
Washington.—A chill east wind, over
cast skies and a prediction of rain
f nr the afternoon, threw
baseball enthusiasts, from President
Taft down, into something of a panic
of uncertainty early today. A* the
morning wore on, he>wc*ver f the sun
managed to break through the clouds
f. a time and there were high ho|/*s
that the wfathei* bureau might be In
error nnd that the opening of the Am
erican League baseball season In tills
city would take place as scheduled.
Washington will have the Boston
team as opponent and the game will
begin promptly at 3.30 p. m., Presi
dent Taft being on the program to
toss tlie- ball to the diamond from his
prlvnt- box In the new concrete grand
stand.
Drizzling in Detroit.
Detroit, Mich. This afternoon,
weather permitting, George Mullen, the
oldest member of the Detroit club’s
present pitchers, nnd Ed Walsh, the
’•spUbuH” twlrier of the Chicago
team, will, in all probability, oppose
♦hi ch other In the opening game of
the American League season at Ben
nett Park
Tlio weather man predicted rain at
opening day. It came shortly after
midnight and continued to drizzle
during the morning.
Oscar Btunage Is Manager Jenning’i
catcher choke with the possibility of
Schmidt being used, while ex Mana
ger Hilly Htdllvun ha* hern named by
Manager Duffy of Chicago.
Rained All Night.
Cincinnati.— Karly In the day the
outlook was not ancouragiug for Pitts
burg and Cincinnati to open tho Na
tional League baseball season here this
afternoon. It had been raining all
night and tho Indications were that
the weather would not clear before
tune for play should be called.
The batteries announced for the first
game art C&mnits and Gibson for
Pittsburg ami McQuillan and McLean
for Cincinnati
Proapoct Poor.
Chicago.—A drizzling rain took the
keen edge off the hopes of baseball
enthusiast* early today* and prospects
for tin- opening game of the season
scheduled between the 8t Louis and
Chicago National League clubs looked
poor.
The United Rtntes weather bureau
predicted shower* during the entire
day but an attempt will be mad? to
play unless the- downpour become*®
heavier.
Clear and Cool.
Philadelphia. —The championship
season of the American League will
'pen nt $ o'clock this afternoon at
Hhibe Park with a game between the
world’s champions and the New York
team under the management of Hal
Chase
The weather thl* morning was clear
and cool. §
Manager Chase said today he had
not decided definitely whether Vaughn
or Ford would do the pitching. Neith
er was Manager Mack fully decided
: whether to pitch Bender or Coombs.
Tailenders and Dodgers.
Boston.—Bporting Boston awoke to
day from her long winter nap to the
call of the ball, with the tailendc
<>f the National League last year’s
season, Boston and Brooklyn, aw the
attraction. This afternoon tho sky was
• (dear but an easterly wind blew
straight from off shore.
FINE OP SI IMPOSED
OS MR. BARRETT
(Continued from Page 1.)
hag Riven notice of an appeal for a
new trial or of Intention to carry the
caae to a high court on appeal, it was
In the hands of the court and that the
attorneys were officers of the court.
Mr, Barrett’, Statement.
Mr. Frank llarrett then made his
Hiatement. He said that he regarded
what Mr. Ihe roe said as a personal in
sult and that he thought when the
<a*e had gone to the Jury the Issue
was between hint and Mr. Pierce as
man to man. Mr. Barrett also said
that he thought his honor and hi, man
hood had been grossly Insulted and he
therefore made It a personal matter
with Mr. Pierce.
He slated that he thought he was
showing his respect and not his con
tempt for the court when he requested
Mr. Pierce to leave the government
property nml that when he called Mr.
Pierce off he gave him an opportunity
to explain whether or not he Intended
his remarks as an Insult. Mr. Bar
ren said that when Mr. Pierce reaf
firmed wtmt he had said in the court
room In such language as "my words
were plain and unmistakable," he had
no other recourse than to resent the
Insult Mr. Barrett also said that It
was because of hts Ignorance a M a lay
man that he attacked Mr. Pierce at
the time and the place that he did.
He said he had no idea that he was
offering an Insult to the court and that
he apologised to the court for his ae
tlons. He said that he did not strike
Mr. Pierce while he was on top of
him and told him at the time that as
he was down he would not hit him.
Mr. Charlie Held then made a
statement. Mr Held said that ho
was n lifelong frldhd of Mr. Barrett
and that he walked out of the courr
room with him, heard him tell Mr.
I Pierce that he wished to see him pri
! vately and that he stood close by dur
|lng the fight. He said 'hat he dtd
st, .v one time to bystander, to let thorn
alone and let them have a fair fight,
fait that he did nothing else to prevent
them from being separated and when
Mr Cornelius (Jarrett separated the
two eonibatnnts that he said not a
word In fn«tent.
Court Stenographer on Stand.
Mr Codington Introduced Court
stenographer Morcock a s a witness
to prove that during Mr Flemings
argument for the defendant that Mr.
Banks had been accused of falsifying
Mr Morcock stated that Mr Fleming
used the word "falsify" quite a num
ber of times during his argument, al
though he could not answer that they
were applied to the plaintiff. Mr
Fleming explained thut he may have
used the word, but that he prefaced
his remarks to the jury with the sta e
men! that he did not expect to accuse
an> witness of deliberate falsehoods.
Tho government's attorney made a
short statement In which he explained
the law In the oaso and said that he
was quite sure that the contentions
of (he defendants' attorneys that no
Insult to the court was intended were
true.
Mr, Fleming brffcfly presented his
clients' rases to the court. He re
heat soil the incidents leading up to
the affair, said that Mr. Fierce was too
severe In his arraignment of his client,
that Mr. Barrett had told on the wit
ness stand what he knew of the case
to the best of his knowledge and be
lief and that he was grossly insulted
by being accused of perjury by Mr.
Fierce Mr. Fleming said that Mr.
Bam tt had shown his opponent every
consideration, that he gave him an
opportunity to retract or explain what
he had said aud that he treated Mr.
Fierce as any gentleman should treat
another. Mr. Fleming said that no
Insult was intended the couht and he
asked Judge Speer to be as lenient
as possible.
Mr William H. Barrett, associate
counsel for the defendants, made
an address fn which he requested the
leniency of the court under the cir
cumstances. Mr Barrett *r|d tha'
certainty uo insult was intended and
that Mr Frank Barrett thought he was
shewing the very antithesis of disre
spect by leaving the government prem
ises.
Judge Speer's Remarks.
In passing sentence J.tdte peer
said
"1 ant frank to say that I was very
much shocked by this incident. Our
courts have been so- so many years
conducted w ith such -decorum and de
cency that the occurrences of yester
day were abnormal, and distressing to
the presiding judge, exceedingly so.
"t'n reflection counsel, aud the pub
lic generally, will see bow true and
justtftble is such emotion in the breast
of a judge who U anxious to do his
lury—aud surely l can claim that
much for myself.
THE AUGUSTA HERALD, AUGUSTA. GA.
"It is a constitutional privilege of
! parties to have counsel. In a crim
inal case no man can be convicted
t »ithout the benefit of counsel, he
; therefore cannot be guilty in view of
.’be constitution until he has had the
benefit of counsel. He has an equal
J constitutional right to the benefit of
| counsel in a civil eaee, not expressly
I but by Implication. It is a right
which has come down to us from a
time whereof the memory of man
runneth not to the contrary. This
right has created the noble profession
•of the law, and,while there are those 1
who through motives of temporary
resentment, or otherwise, occasionally
impugn the usefulness of the profes
sion, if we look at the halls of con
gress, and the records of the achieve
j toents of our country on all lines, it
i will be seen and clearly seen that the
profession of the law has certainly
not been surpassed by any other in
its devotion to the best interests of
civilization. Now that, being true, the
occupation of counsel must be unin
terfered with. He has the right to
! argue his clb-nt’* case. If he violates
the propietles of the court room, and
the attention of the court Is called to
It, he will be immediately stopped. If
he is guilty of Impertinent defamation
he courts are open by due process of
law to the party defamed In order to
regjver righteous damages, and there
i would be no difficulty in such a case.
;It is not within the proper power of
i the parties to the litigation to take
the law into their own hands and as
sault the counsel whert they have been
offended or Imagine they have been
offended. The counsel in a case is
a minister of justice. He is the coun
sellor of the court, without his aid
the court cannot get along. Can It
be possible then In our country the
court must regard as trivial an un
provoked assault upon counsel who
has done his duty as he saw it, upon
a controversy which necessarily in
volved the question of the veracity of
the contending parties, to deny him
the right in a general way to insist
that bis client was truthful and that
! the other side wa# not truthful. This
i would be to deny the plaintiff his
{ day in court, and was to deny him
| due process of law. If he was offen
sive, or If the party thought he was
offensive, the means of redress is not
by resorting to violence, but by ap
pealing to the law of the land.
The Jurisdiction.
“As to the jurisdiction of the court
It i« not questioned by counsel for the
defendant here. So great a judge,
and if you please so great a state’s
right jurist, as the late L. Q. C. Ha
mar, whose memory is venerated by
every Southern man, and respected
by every American, in his dissenting
opinion in the case of In Re Neagle,
135 U. S. page., declares:
"'Nor do we question the general
propositions, that the federal govern
ment established by the constitution
is absolutely sovereign over every foot
of soil, and over every person, within
the national territory, within the
sphere of action assigned to It; and
that within that sphere its constitu
tion and lawg are the supreme law
of the land, and its proper Instru
mentalities of government can be sub
jected to no restraint, and can be held
to no accountability whatever.’
This hearing is within the sphere
of Uie constitution.
"That constitution authorized 'the
establishment of justice.* A court
then assisting in such establishment
of Justice is bound to see to it that
counsel unimpeded shall represent
their clients In order that right may
be plainly made to appear to the
triors passing upon it. That is too
plain for argument.
"That these two defendants vio
lated the law and the respect due the
authority of the court is unquestioned.
One of them in sight of the jury as
saulted the defendant’s counsel; how
ever much Mr. Pierce may have at
tempted to defend himself, plainly the
aggressor was Mr. Barrett. Mr. Reid
aided and abetted in waiving others
off as he himself admits in his testi
mony, and as substantially admitted
by the verbal answer which he has
filed. That Is contempt of the court.
1 don't know but that it may be the
duty of the court to set aside that
verdict for the reason that a verdict
rendered when parties in sight of the
jury fight over questions arising in
the case such verdict is not .in accord
ance with that serene, pure and im
partial administration of law which
our country demands at our hands.
Ml the anxiety, delay, expense and
trouble of this litigation may be gone
over again, all due to this disregard
of the law by Mr. Barrett. Such con
duct is plainly within the Jurisdiction
of the court, for the court had not
only Jurisdiction of the subject mat
ter but Jurisdiction of the parties be
fore it. It cannot be said that Mr.
Barrett was not a party before the
court. This is true, and these ex
citable gentlemen, who I am told are
hurrahing about the victory of Mr.
Rnrrett. should bear In mind that per
haps the incident has done much in
jury to their business. If the farm
ers feci that their counsel are to be
treated in thi s manner within this
beautiful city of Augusta, it is well
for the prudent to reflect on the pos
sible reports to business here. It Is
well to remember that this court has
the power to protect its officers
wherever they may be, and wherever
they may be assaulted on account of
their conduct in this court, or in the
discharge of their duties. I have no
disposition to be severe on these
young men. They are both young,
they are probably both Impetuous.
"They are certainly not well in
formed as to the duties of the court,
and the extent of its authority. That
being true, the court wfl impose a
very mild penalty upon them, not be
cause they are prosperous, but because
It has the disposition to do so. it
gives them no advantage that it would
not give the poorest man In the land.
Probably a poor man might get off
with a five dollar fine, because that
to him would be as great a penalty as
*tc penalty which the court feels
obliged to impose on these gentle
men.
"That Is. that Mr. Barrett pay a
fine of SU>O, and Mr. Reid a fine of
Job. and that they apportion the costa
of this inquiry between them propor
tionately to the fines. And let u»
hear no more, gentlemen, of assaults
upon attorneys for doing their duty
in this court."
SPETH BROS.
Store Closed
Thursday, April 13th
To rearrange and still further mark down the
goods. At* Lhe request of thousands of our
friends and customers, who could not be wait
ed on, we have decided to continue the
810 SHLE
MBMBM
TEN DAYS LONGER
Although we have disposed of thousands of dol
lars worth of goods, the immense stock is still
unbroken, and the goods are marked down, re
gardless of cost or consideration.
Remember Two and Three Articles
at* Lhe Price of One
during the next ten days. Such an opportunity
will not occur again to get such high class goods
at such low prices.
THE STORE WILL BE OPEN AGAIN
FRIDAY MORNING
AT 9 O’CLOCK—
And Remember the BiQ Sale Will Continue
Only TEN DAYS LONGER.
SPETH BROS. BIG STOCK
Buffalo Factories and Mill Syndicate in Charge
WEDNESDAY APRIL 12.