the'* jeffords and~jgoards supreme fas turks … · 2017. 12. 17. · the sumter watchman,...

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the sumter watchman, Est j . CONSOLroATED AUG. 2,1 . JEFFORDS AND~ HARRISON MUST DIE * Supreme Court Sus¬ tains Lowe* Court - and Murderers of Arnette Will Be Electrocuted Colombia, Nov. 2..The appeals of Frank M. Jeffords and Ira Har- " rison, convicted here May 20, this year, of the murder of John C. Arnette, a co-partner with Jef¬ fords in the operation of a filling :> station, and sentenced to death by electrocution, were dismissed by the state supreme court this afternoon! and the judgment of the lower; court was affirmed. The two opin¬ ions were written by Associate Jus¬ tice T. B. Eraser, and concurred in by the other members of the court. Jesse Treece, who was tried along with Jeffords and Harrison for the murder, was given life im¬ prisonment and did not appeal. The appeals were based on three ~ grounds,"all of which were over¬ ruled by the court. First: There should have been a severance of the cases. Second: That Judge w. H. Town- send, the presiding judge, erred in charging implied malice when no considerable legal provocation ap- , peared, J Third: That the judge was ini > error in charging conspiracy when there was no conspiracy set outj I in the indictment. In the Jeffords appeal, there was error charged in j the admission of the confession ofi Harrison, implicating Jeffords, which the court likewise overruled, j Jeffords, Harrison and Treece were accused'of conspiring against * and beating to death Arnett in the filling station- here on corner of Elmwood avenue and Main street during the night of May 9, and then loading the dead body into, an au¬ tomobile, turning the car loose down a steep declivity at Colonial Heights, a local suburb, so that Ar¬ nette would appear to have been killed in an automobile accidents Arnette, it was shown at the,trial, ' which began here^l^ay^^TfJ, was struck over the head and killed by a stick and piece of iron in the hands of Jeffords and Harrison, > while Treece remained on watch on the outside of the filling sta¬ tion. The next term of the court of general sessions will convene here * November 29, and it is probable that Jeffords and Harrison will be re-, sentenced to death then. Solicitor A. F. Spigner could not be com- * municated with-tonight to deter¬ mine what- his disposition in the case would be. In the opinion of the Jeffords ease, Justice Fraser recites a short history of the case, tells of the detailed confessions of> Harrison * and Treece vas brought out at the coroner's investigation and the re-, fusäl of Judge Townsend to acquiesce in the plea of Jeffords » for a severance of the cases, made twice during the t*Hal. Relative to the contention that ^the case should have been severed, the opinion holds: "It is unnecessary to cite authori¬ ties as the appellant admits that * the motion was addressed to the discretion of the presiding judge. No abuse of discretion has been shown. Not only was no abuse of * discretion shown, but the records show that the appellant also con¬ fessed, not in detail, but in general terms, when he said: 'I XpdV. part in the killing or participated in the killing, but was over per¬ suaded.' This assigment of error cannot be sustained. "Objection was made to that part > of the testimony which recited that a detective asked Harrison to tell the others implicated so they could be apprehended before they j escaped, and Harrison replied: 'All right, send and ^rf Mr. Jeffords.' "This statement," said the opin¬ ion, "did not necessarily charge Jeffords with participation in the killing. Jeffords was the partner of Arnette, and most likely to know of the surroundings, and the person who should have been most interested in the punishment of those engaged in the killing. The assignment of error cannot be sus- t- tained." "The assignment of error in that the confessions of Harrison and Treece should not have been ad¬ mitted, was dismissed by the court with the statement that the charge of the presiding judge/to the ef¬ fect that the confession could ap¬ ply only to those uttering it and not the others cautioning the jury to this effect, was a correct rule of law. In dismissing the last assign¬ ment of error, in which Judge Townsend charged conspiracy, the court Quoted copiously from the State vs. Jenkins 14 Rich. Law 225 to 227, in which these sentences appear: "All who are present concurring in a murder are principals therein, and the death, and the act which caused it. is in law the act of each and of all. There is no distinction in regard of the law in .the degrees of their guilt, or the measures of their punishment, or the nature of their offense, founded upon the nearness or the remoteness of their personal agency respectively. An indictment charging it as the act tbltehed April, 1850. .881._ jGOARDS WERE- READY FOR TRAIN BANDITS ¦ ¦ ¦ Leader of Band of Robbers Killed by; Guards Near Mem-j phis Memphis, Nov. 3:-.Jack Ken¬ nedy, an exrconvict and an uniden¬ tified bandit, were killed today in an attempt to hold up and rob the mail and express car of the fast St. Louis, Memphis and Frisco train hear here. It is reported that there were six men in the gang. Postoffice^* inspectors learned si« days ago of the plot and the train carried extra guards. Eleven officers who were hidden near the scene of the robbery kill¬ ed the pair when they refused to .halt while escaping. A hundred of the registered letters stolen were recovered. CHARLESTON AMERICAN SOLD Oklahoma -and Florida Pub¬ lishers Take. Over Charles¬ ton Newspaper Charleston, Nov. 2..Negotia¬ tions that have been pending be¬ tween John H. Perry of New York City and Richard Lloyd Jones of Tulsa, Okla, newspaper owners, and the Charleston American of this, city, were consummated to¬ day, whereby on the first of De¬ cember, Messrs. Perry and Jones acquire the controlling owner¬ ship of the Charleston American and will take active charge of the paper. Mayor John P. Grace of Char¬ leston will be business manager and the present staff organization of The American will continue, Mr. Perry announced today. .- . The policy of the paper will be progressive Democratic and it will cooperate with the other Charleston newspapers and the progressive newspapers of the state for all that will build up Charleston as a great., port city and promote the indus¬ try, the agricultural and the economic welfare -of South Caro¬ lina; Mr. Perry further stated. Mr. Perry and Mr. Jones own the Tulsa Tribune, the Jacksonville Journal and the Pensacola Jour¬ nal. Mr. Perry is also president of the American Press association, and of the Publishers' Auto Cas-j ter service, which furnishes a com- plete news feature, editorial and advertising service to 7,500 daily and weekly newspapers through¬ out America. FILIPINOS ASK FOR NAVY Philippines Petition United States to Give Both Inde¬ pendence and Warships -Manila, . Nov. 3..Warships to defend the coasts of the Philip¬ pines is asked in resolutions in¬ troduced in the house of represen¬ tatives petitioning the United States congress to authorize the construction of the vessels. of a particular individual of the party will be well sustained by evi¬ dence that any one of these gave the fatal stroke, or that it was given by some one of them, though it does not appear by which." "The defendants," held Justice Fraser, "were charged with mur¬ der. The charge as to conspiracy simply stated the law as to the liability of one for the acts of the others, if the act was done by mu¬ tual agreement or conspiracy." "The judgment,'/ concludes both opinions, "is affirmed and the ap¬ peal dismissed, and the case is re¬ manded to the court of general ses¬ sions for Richland county for the purpose of fixing a new date for [carrying into effect the sentence of Ithe court." In the opinion dismissing the appeal of Harrison Justice Fraser uses the same reasoning assign- merit of error for refusing sever- ance and charging conspiracy as in |the Jeffords opinion, and in refus¬ ing to sustain the plea of error in Judge Townsend's charge on ex¬ press or implied malice, the fol¬ lowing language is used: "His Honor charged the jury as to expressed and implied malice as follows: "Malice is said to be expressed when there is manifested a delib¬ erate intention unlawfully to take away the life of a fellow creature. a human being:. " Tt is implied when no consid¬ erable legal provocation appears, or when the circumstances alleging the killing show an abandoned heart and a malignant heart.' "The error ssigned is to implied malice. The statement is not the usual form, but entirely harmless here. When a man is beaten to death with pieces of wood and a bar of iron, in his own place of business, by his partner and em¬ ployes, to whom he has been un¬ failingly kind, it was expressed malice. There was not a scintilla of testimony from which implied malice could have been found. The assignment of error cannot be sus¬ tained." 'Be Just and Fear 1 SUPREME COURT TAKES DRASTIC ACTION, -. Decision is Rendered That Will Prevent Unnecessary Delays in the Execution of Death Sentences Columbia, Nov. 3.Granting a new trial to Cliff Hawkins, of Greenville, who,has.twice had sen¬ tence of death passed upon him for the murder of William Morgan! in 1920, the supreme court of South Carolina today handed down a decision making drastic changes in the procedure to be followed in view to preventing unnecessary de¬ lays in execution. The order provides that, after f the supreme court has once af- i firmed a death sentence of the low- j er courts, the defendant can not obtain the benefit of a motion for a new trial on the ground of af¬ ter discovered evidence, the only course then open, except with the i consent of ,the state supreme court. If there be no sitting of that court between the day of sen¬ tencing and the date set for the electrocution, the defendant must secure from the governor a tem¬ porary reprieve to give him oppor¬ tunity to present his case to the court. The granting of the-reprieve is optional with the chief execu¬ tive. Heretofore, circuit judges have /granted a new trial on the ground of additional evidence, af¬ ter the supreme court had sus¬ tained a sentence of death. Hawkins was! first sentenced to die on October. 1, 1920,'by the court of general' sessions at Green¬ ville. His attorneys served notice of an intent tc appeal, which ac¬ tion automatically stayed the exe¬ cution, The appeal was argued in the fall of 1921 and was decided j against Hawkins. He was resen- tenced to die April 7, 1922. His at¬ torneys then appeared before Cir- j cuit Judge T. J. Mauldin and made] a motion for a new trial, on the) ground of newly discovered evi¬ dence. Judge Mauldin refused to j grant the motion.'saying he was ' without jurisdiction, as the mo-j tion was made in chambers, but granted a. stay of execution. Haw¬ kins appealed from this order but later abandoned the appeal, and his attorneys. appeared before J Judge Mauldin in open court.; and J there renewed their motion for a( new trial. This time, it was grant-1 ed. The State of South Carolina an-; pealed from this decision, and it was this appeal which was decid¬ ed today by the supreme court. Now Doctrine. Columbia, Nov. 3..A new doc-j trine of appeals on after discovered I evidence in criminal cases was} enunciated by the state supreme | court today in affirming an order j of Circuit Judge Mauldin granting a new trial to Cliff Hawkins, con¬ victed at Greenville of murder and sentenced to.be electrocuted. The opinion ' was: written by Judge Frank B. Gary, of the Eighth Judicial Circuit and was concurred in by four justices of the supreme court and the circuit judges sitting eh banc on Septem¬ ber 1, at which sitting the Haw¬ kins case was reviewed. Asso¬ ciates Justice R. C. Watts dissent¬ ing. The opinion hoids that motions for new trials on after discovered evidence should be made to circuit courts or judges when they have not been deprived of jurisdiction by appeals to the supreme court through the handing down of a remittitur by that tribunal; but if the case is pending in the ap¬ pellate court, a motion should be i made to it to suspend the appeal so that the motion for a new trial can be heard before the lower court. The opinion likewise holds that, if the supreme court has al¬ ready passed on the appeal, and its judgment has been remanded to the lower court, then an appeal on after discovered evidence must be heard before the supreme court and if the cause Iis meritorious that tribunal will take proper steps to have the motion heard by the circuit court. Should the date for an electro¬ cution already have been set. the opinion holds, then an appeal to the supreme court should be made in sufficient time on the grounds of after discovered evidence; buz, if the time is limited, the governor can be requested to extend the date of the sentence, upon proper showing, and the appellate court; will hear the motion anyway, and.: should the appeal be refused, there will be no necessity of returning to the lower court to set a new date for electrocution. The rule heretofore has been j that, should the motion for a new trial be refused by the circuit ; judge, then an appeal would be taken to the state supreme court which must hear it. Should the cir¬ cuit court be affirmed in its judg- merit and the appellant be sent back for re-sentence, he could j then make another motion for a . new trial, and again appeal from j the refusal of the circuit judge, i and continue this almost inter¬ minably, so much so that the dic¬ tum, '"a man with sufficient mon¬ ey to continue hiring lawyers, if convicted of murder and sentenc- Jot.Ijet all the ends Thou Aims't a Sumter, S. C, Wednesc FAS Russian Bureau i nj Rome Raided b y Band of Men Paris, Nov. 4.A conflict be¬ tween the Fascisti and the Soviet government is feared as the result j of a raid' reported yesterday oh.1 the Rome bureau of the Russian J commercial delegation. A band of raiders is said to have dragged an | alien employe from the offices and i shot him against a wall. - i New York, Nov. 3 (By the Asso-I ciated Press).The Facisii move¬ ment, "a modern form of banditry," | will hold its power in Italy only' a short time, in the belief of Jean Longuet, famous Socialist leader of France, who arrived today on the Mauretania. Longuet, a grandson of Karl j Marx, will remain about two months in the United States,, lec-j turing and studying the America nj Socialist movement and economic conditions. » ? » HEADS OF M COLORED STATf FAIR FIGHT _ * Bad Blood Between Editor and Bishop Cause Quarrel That Ends Meeting Columbia, Nov. 4..A meeting of the executive body of the colored! State Fair came to an abrupt- end in Columbia Saturday morriing, when C. G. Garrett. editor oft* a negro newspaper,*The Light,.made a nattaek on Rev. W. B. Chappehe, bishop of the African, Methodist church, bringing to a head a war¬ fare that has been waging between The Light and the bishop, for years. The altercation followed an argu¬ ment as to a bill for advertising of the Fair, presented by Garrett. Ae a result of the altercation, Garrett was expelled. from- the board of control of the colored fair by a unanimous vote. Bishop Chappell "repaired himself to an oculist and j bought.-a new,pair of glasses to re-j place those. ..broken in the fray. I Garrett was arrested/ BIG STOCK DIVIDEND Pittsburgh, Nov. 3..Directors j of the Union Natural Gas Company i voted today to declare a stock di- j vidend of 75 per cent in addition j to the regular cash dividend, pro-! vided the stockholders at a meet¬ ing on November 28 vote favorab- 1 ly upon a proposal to increase the; capital stock from $10,000,000 - to $20,000.000. j ed to death, need never to be exe- j cuted," has almost become a legal maxim in South Carolina. How¬ ever, the new doctrine laid down by the court will prevent this. The doctrine of appeals under which the courts have been labor-, ing, as laid down in the State vs. j Lee, and interpreted in subsequent J cases, "has led to a condition" in the language of the opinion, j .where convicted criminals may by| successive motions and appeals j block the process of the law in- j definitely, and by their motions and appeals prevent their executions." This condition has been con-j fronting the law enforcement de- par'trnent of the government for some time, so much so that in sev¬ eral notorious cases substantial jus¬ tice has been thwarted. When Judge Mauldin granted a new trial to Cliff Hawkins on the ground of after-discovered evidence as to his mental condition, the state, through j the office of Sam M. Wolfe, At¬ torney General, appealed for the! main purpose of having the case of! State vs. Lee reviewed in an ef- j fort to have the supreme court ascertain if a new doctrine on ap- j peals could not be evolved. The supreme court realized the j gravity of the situation in a time when crime is rampant, for, in the j opinion, it uses these words: "Per¬ haps this tribunal was never call¬ ed upon to meet a greater respon¬ sibility than that which now con¬ fronts it: nor was it ever more loudly called upon to use its ju¬ dicial powers Jn a proper M'ay to avert a deplorable condition, a condition that is not calculated to enhance respect for law, and its J enforcement, and which as a mat-; ter of fact would have a contrary effect. It was never intended by the framers and makers of our constitution and laws that the con¬ dition referred to should exist and there must he some legal way *o avert it. We have the opportun¬ ity and it remains to be seen whether or not we have the dis¬ position and the ability to point out that way." Recently the state supreme court, adopted what is known as "Rule 30" in which it was decreed th:it frivolous appeals would not be looked on with leniency by the court, but the doctrine laid down this afternoon will put a stop to delayed justice and speed up the execution of the sentences of the courts. t be thy Country's, Tby God's and lay, November 8,1922 TURKS DISCARD SULTAN Angora Assembly Unanimously De¬ cides That It is Su¬ preme Power and Sultanate is Abol¬ ished Constantinople, Nov. 3 (By .the Associated Press)...An end to the sultanate in Turkey has been unani¬ mously decreed by the grand nat¬ ional assembly sitting at Angora. The executive and legislative "pow¬ ers of the country have been conferred with the assembly upon the nation and the palace of the sublime porte, which "through cor¬ rupt ignorance for several centuries provoked numerous Äls for the country, has passed into the do¬ main of history. A caliph is to be chosen by the assembly from a member of the Osman dynasty to succeed the sul¬ tan but the resolution of the as¬ sembly announced that the Turk¬ ish government would remain the keystone of the caliphate. The choice of the ealiph is to'be that member of the imperial family who is the best, instructed, the best ed¬ ucated, the most honest and the wisest. The assembly also decided that all treaties entered into by the Constantinople government since March 6, 1920, were null and void. The decision of the. assembly was followed by the proclamation of a national holiday and the firing of a salute. Notwithstanding the assembly's decree that the era of liberation had at last been entered into the sultan presided this afternoon at a meeting of ;his ministers. The grand vizier, Tewfik Pasha, and his colleagues kissed the sultan's hand on the occasion of the pro¬ phet's birthday, renewed their pledge of loyalty -and expressed the utmost indignation of. what was termed the rash action of the Angora government in proclaim¬ ing an end to the sultanate. While nothing definite can be ascertained regarding the decision reached at the council today, it was reported in high quarters there was good reason to believe the sultan had disputed the legal character* of the national assembly's decision. Some of the Turkish afternoon newspapers today announced'.that abdication of the sultan is only a question of ho\»rs,'but the ministers of the sublime porte took no such a view of the situation. The sultan's resignation, according to tradition, would be handed to the members of the- imperial family, and no crown council was called today at Yildiz palace. Monarchist and Turkish mod¬ erate circles anticipate internal dissension in consequence of the action of the assembly. They ex¬ press the view that the step of the Angora government is a triumph for the Bolshevik policy. Grnd Vizier Tewfik Pasha has telegraphed Mustapha Kemal Pasha,, the Nationalist leader, that any measure contemplated by the assembly affecting the sultan's status will weaken Turkey's po¬ sition abroad. Tewfik added that the allies would benefit at the ex¬ pense of- Turkey at the forthcom¬ ing conference in case of division between the national assembly and the palace and endeavor to pose as protectors of the caliphate. In conclusion Tefik called the Angora government's attention to the pos¬ sibilities of worldwide reaction, which the assembly's attitude might cause in Mohammadan countries, thus jeopardizing the fruits of the victory of the Turks over the Greeks. MOSLEMS WONDER WHAT SULTAN WILL DO Constantinople, Nov. 4. . The whole Near East is anxious to learn what the sultan is going to do about the unanimous decree of-the grand national assembly at Angora declaring the sultantate at an end. The heir apparent and oth¬ er members of the imperial fam¬ ily conferred last night at the pal¬ ace"" and decided that none will ac¬ cept the throne if it is stripped of temporal power. The assembly declared that the member of the imperial family best educated, most honest and wise hereafter would be selected as sultan. EDUCATION WEEK Columbia. Nov. ">. . Governor Harvey has issued a call for a state gathering in Columbia on November 10. under auspices of the South Carolina. Citizens' Edu¬ cational Association, to launch a movement for a mass meeting in each county of the state during "Kdueation "V^J^k," December 4-9, in behalf of the rural schools of South Carolina. The meeting will be held in the state library at 7:30 o'clock in the evening. To this conference the governor is inviting leaders in various or¬ ganizations of the state, especially organizations whose intent is edu¬ cational. J. Rion McKissick. of Greenville, is chairman of the citizens educa¬ tion association, under whose aus¬ pices the conference is to be held Troth's." SENSATION IN i NEAR EAST i SITUATION After Deposing Sultan the Kemalists Turn o n Allied Powers and Order Them to Get Out of Constan¬ tinople x -i- Constantinople, Nov. 5 (By the: Associated Press)..An allied ex-j traordinary council decided tonight j to refuse categorically the Nation¬ alist demand for the allied military evacuation of Constantinople. The first note deals with the visit to Kemalist ports of eight allied and American warships and declares the port authorities have been instruct- | ed not to/permit a landing. In ac- I cordance with maritime laws the j Turks request that these vessels i salute the Turkish flag. The other note sets up a claim i for the immediate handing over to! the Angora government of the Turkish railways in Europe and Asia, wich are under temporary al¬ lied control. Constantinople, Nov. 5 .(By the J Associated Press)..The Nation- j alist government is in control of j Constantinople. Rafet Pasha is the new governor and Hamid Bey, thej representative of the Angora gov¬ ernment, has ordered the allied troops out. In a note to the en¬ tente he demands evacuation of the allied forces. The Turks have torn" up the Mudania armistice convention and are advancing into the.Chanak? area, occupied by .the British, and! other neutral zones. Since noon Saturday the Nat-j ionalist administration is declared i to have, been established and in j celebration of thjs masses of ex-j cited Turks*have been engaged inj disorders. Students marched i against the palace and riotous j mobs engaged in such manifesta-; tions that it became necessary for the allied police to fire on them, several r of the Turks being killed 6r.wounded.' The Christians in the Stamboul 'quarter throughout Saturday night! were seeking shelter and protection' from what they plianly feared.. a Turkish massacre. Today, however, the government authorities issued orders that all j disturbances Should be rigorously put down. The allied high com- j missioners accepted the new re-j gime and there was nothing left for the sultan's ministers but res-1 ignation from office. .Tewfik Pasha, the grand vizier, realizing his power had disappear¬ ed, dispatched messages to repre-i sentatives of the submlime porte in | the various capitals to transfer their archives to the representa¬ tives of the Angora government. There seeemed danger for a time that the radical forces would gain the upper hand. The sultan) was denounced/together with mon-| archy, and Mustapha Kemal Pasha I was acclaimed, as "our president."! It became necessary to throw guards of troops around the sul-; tan's palace, within which Muham- mad VI, how caliph only, is spending fearful hours. As yet Muhammad VI has given no evidence of conforming to the determination of the new govern- ment to rid Turkey of the high! office of sultan, but the quickly de- j veloping popular movement may soon compel him, with the loss of his chiefs, to accept the inevitable. Rafet Pasha sprang the news of the change In government in a dramatic manner on the allied gen¬ erals. The generals had summon¬ ed Rafet to discuss the question of the admission of Kemalist gen¬ darmes to the Gallipoli and Chanak zones. At the termination of the; discussion Rafet, as by wray of an after thought, broke the startling j news thus*: "I must Jnform your exeellen- j cies that since neon the Constan- j tinop'e government no longer ex- I ists, and I have assumed the gov- j ernorship." Constantinople, Nov. 5 (By the' Associated Press)..The sultan's j ministry resigned Saturday even- i ing and Rafet Pasha, representative] of the Angora Nationalist govern- ment, has assumed power. He is-j sued a manifesto today which de-> clared that from noon, November 4, the administration of the great! national assembly of Turkey is es-i tablished In Constantinople. The manifesto announced that; the Sultan's position has been clear-; ly defined by the decision of the: national assembly and that the rights of citizens are absolutely! safeguarded by the laws of the great national assembly of Turkey. The allied high commission has accepted the new regime. This leaves no choice for the sultan. All the Turkish courts are suspended and Rafet Pasha, the new govern-; or of Constantinople, has ordered the attorney general to dispense; justice under the jurisdiction of the Angora government. This further! imperils the Sultan's position. Owing to the suppression of the ministries, all government em- j ployees except those identified with! the municipality who continue at' work, have been requested to await instructions from the Angora government. Yesterday the govern-' THE'* TRUE SUt" LAUSANNE I CONFERENCE POSTPONED Developments at Con¬ stantinople Throw Plans For Peace in Near East into Con¬ fusion London, Nov. C..As a result of new developments In the situation at Constantinople the peace con¬ ference called to meet at Lusanne on November 13th has been post¬ poned, possibly for a: fortnight, it is announced. It is stated in au¬ thoritative circles that in no cir¬ cumstances will the British point of view regarding the presence of al¬ lied troops in Constantinople be changed. The British intend to up¬ hold the Mudania agreement and will remain in the neutral zone with troops. ment employees went on strike, a message being sent to An&ora Jhat they had done so in protest against the sublime porte's refusal to com¬ ply with the Angora ultimatum. Prior jto accepting the announce¬ ment of Rafet Pasha that the fun¬ damental organic law promulgated by the Angora government would be applied to Constantinople Sun¬ day, the allied high commission¬ ers and generals gathered last evening in the British embassy, to- examine Rafet Pasha's proovj-als, which were for the establishment of Turkish civil administration in Constantinople and the neutral zone. Rafet participated in the meeting, which discussed rin all its details the advisability of, the transfer of the civil power to the Angora government. "Soon after¬ wards the new Nationalist govern¬ or definitely took control of the "capital and issued orders to the director of police and chie*: of the gendarmie to carry on their work and see" that public order was not disturbed. He then spoke from a balcony to a crowd of several tbon^ sand, declaring the hour of the liberättoir-of the captive capita had struck. He paid tribute to the Nationalist army and referred in glorying terms to the common sens* displayed by the people of Con¬ stantinople in giving all .support to the Angora government, which had made possible a bloodless rev¬ olution. He warned the people to deport themselves with dignity and not offend the susceptibilities, of the sultan, who still remained jaliph; any attack against his persor.) would be regarded as an offense against the Moslem religion. The municipal council forwarded to Angora its acceptance of the na¬ tional assembly's resolution re¬ specting the sultan and the trans¬ fer of -the sovereign rights to the assembly. A mayor was then elect¬ ed and he in the presence of Rafet Pasha and other Kemalists took the oath of allegiance to the An¬ gora assembly. I Stamboul was en fete Saturday night. There were boisterous dem-1 onstrations during which frenzied; Turks fired blank cartridges and otherwise created disorder. The allied police held themselves in re straint for a long time, but final¬ ly were forced to fire on the mob, killing or wounding a few Turks. The disorders continued today, during which there was consider¬ able window smashing. The imperial guards and allied policemen were on duty all night at the palace here. In Stamboul the Christians sought shelter in the foreign establishments. Students of the Turkish univer¬ sity organized a mass meeting at Yildiz palace during Saturday evening. Five hundred students with banners and carrying litho¬ graphs of Mustapha Kemal Pasha, the Nationalist leader, marched past the British embassy singing pa¬ triotic songs. When they reached the palace they shouted the most violent epithets against the sultan and shouted, "Long live our pres¬ ident, Mustapha Kemal Pasha." "Down with the monarchy," and "Long live new Turkey." The poorer classes of the Turks, long imbued with monarchist prin¬ ciples, seemed dismayed at the sight of the revolutionary element and the expressions they heard ot¬ tered. They declared that the "Angora Bolsheviki" would bring j about the ruin of the empire. The streets leading to the Yildiz j palace were blocked with crowds} and street traffic was suspended for several hours. The sultan request¬ ed protection from the allied police and mounted policemen and cor¬ dons of troops guarded the palace, ready to fire upon any person who attempted to invade it. The dem¬ onstration did not assume a char¬ acter of extreme violence, but the fear was expressed among those making up the crowds that the sul¬ tan, despite his intention not to abdicate, might be forced to do so by the popular wave of enthus¬ iasm which has been worked up by the Kemalist propaganda. In the fear of possible untoward events the allied high commission¬ ers have telegraphed their respec¬ tive governments for instructions. The consternation of the Christian population is beyond description. Frequently there is to be heard the statement "'the Turks will mas¬ sacre the Christians." I'M KON, f*>Uil»tiahed *I«mk* I. i MMI, VOL. UiL NO. «VMABÖR" CONFERENCE _CL0SED International Meeting Was Devoid of Con¬ structive Action . Breaks Up in Dis¬ cord _ Geneva, Nov. 3 (By the Asso- jciated Press)..The sessions of the international labor conference end¬ ed this evening. During the day, prior to adjournment the German representatives left the confer¬ ence owing to differences arising over the use of the German lan¬ guage in the. deUberatiohs, and the Swiss government delegates, Dr. Pfister and Professor Delaquis, also departed for home, pleading pressing business at Berne. The representatives of the Swiss employees and workers, however, remained to the end of the con¬ ference.^ Although the question of the use of the German language was' supposed to have been set¬ tled so far as the present con¬ ference "was concerned it was brought up today by a motion in- 'Siting the international. Labor bu¬ reau to ihventigate the final cost mvolved in-the adoption of an¬ other offichil language. Herr Wes- ser, a German workers' delegate, in a strongly worded speech, de¬ clared phat millions- of! German workers were embittered becaos** their representatives were unable to make -their voices heard at Geneva-oa questions of the utmost interest to them. "If'the German people has fall¬ en,^, he. said,, "if it has been brought* to- earth; it has .not" lost faith.-phat m'the future it will see a new dawn arise for it." The Gerznan"delegation then, rose, .o'qk .up-their papers and solemnly filed out-of the room, leaving those in the nieeting Overcome with sur¬ prise., .Icy silence followed the words of Herr -Wesser, but soon, afterwards Dr. Aristedes, de Ague£\v y Betancburc of Cuba, vice presi¬ dent of the conference, spok^ »«" condemnation of the authors of the*' Iftc^gtenr" at^'-Teproached them for abandoning their posts.; He was loudly applauded. It has-been palpable that t&flt Swiss* government delegation waji not satisfied with the treatment it had repelv&H ät.. the conference, particularly', because Switzerland hadybeeh replaced on the council by Finland and also because of al¬ legations that Swiss views on o^e>~- . tions of interest,to Switzerland had failed, of approval by the cohfW- ence. Viscount Bumham. f"reai Erit- aim chajrthan of the conference- gave a summary of the work done at the sessions. He sa'd the work had been less arduous than |n previous year? but .much good had been accomplished. He added that at ne^t year's Pan-American con¬ ference m Chile both the league of nation^, and the labor bureau would be w^H represented. In clos¬ ing his address Viscount Bumham expressed satisfaction that there had beert American observers the Geneva conference and ss?Kl he hoped they would return in fture years." POSTTO AVEZZANO Will Be Ambassador to United States Rome, Nov. 3 (By the Asso¬ ciated Press)..The appointment of 'Earen.'Romano Avezrano as am¬ bassador . to the United Stales t o succeed Vittorio Rolandi Rlcci was announced teday. Washington. Nov. 3 (By the As¬ sociated Press)..Baron Camlllo Romano Avezzano, reported to have been named as Italian ambassa¬ dor to the United States is a tram- ed diplomatist. He came to Wash¬ ington in 1913 from Greece, where he had been Italian minister dur¬ ing the war. While his service as ambassador here was short, he was a very busy man, closing up many of the troublesome war time issues connected with Italian finances in their relation to. America. His sec- lease from, his post here came as a surprise to his many friends,, but was incident to the radical change that had taken p"ace in the Italian government .as the result of the overthrow of the Orlando cabinet. The change was regarded here as purely political. ; " No information of an official character regarding the reported selection of Earon Avezzano to again become American ambassa¬ dor had been- received late today either at the state department or the Italian embassy. vekdict of not guilty Returned in Case of T. Jeff Mcsier Camden, Nov.. 3..The jury in. the case of T. Jeff Mosier, charged with the killing of W. M. Watkins. a merchant of Cassatt, rendered a verdict of not guilty after being out at*>Ut: two hours. The case has occupied three days of the court and large crowds, have been in at¬ tendance.

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Page 1: THE'* JEFFORDS AND~jGOARDS SUPREME FAS TURKS … · 2017. 12. 17. · the sumter watchman, Estj. CONSOLroATEDAUG.2,1. JEFFORDS AND~ HARRISON MUST DIE * Supreme Court Sus¬ tains Lowe*

the sumter watchman, Est j

. CONSOLroATED AUG. 2,1

. JEFFORDS AND~HARRISON

MUST DIE* Supreme Court Sus¬

tains Lowe* Court- and Murderers of

Arnette Will BeElectrocuted

Colombia, Nov. 2..The appealsof Frank M. Jeffords and Ira Har-

" rison, convicted here May 20, thisyear, of the murder of John C.Arnette, a co-partner with Jef¬fords in the operation of a filling

:> station, and sentenced to death byelectrocution, were dismissed by thestate supreme court this afternoon!and the judgment of the lower;court was affirmed. The two opin¬ions were written by Associate Jus¬tice T. B. Eraser, and concurredin by the other members of thecourt. Jesse Treece, who was triedalong with Jeffords and Harrisonfor the murder, was given life im¬prisonment and did not appeal.The appeals were based on three

~ grounds,"all of which were over¬

ruled by the court.First: There should have been a

severance of the cases.Second: That Judge w. H. Town-

send, the presiding judge, erred incharging implied malice when no

considerable legal provocation ap-, peared, J

Third: That the judge was ini> error in charging conspiracy when

there was no conspiracy set outjI in the indictment. In the Jeffords

appeal, there was error charged in jthe admission of the confession ofiHarrison, implicating Jeffords,which the court likewise overruled, j

Jeffords, Harrison and Treecewere accused'of conspiring against

* and beating to death Arnett in thefilling station- here on corner ofElmwood avenue and Main streetduring the night of May 9, and then

>» loading the dead body into, an au¬

tomobile, turning the car loosedown a steep declivity at ColonialHeights, a local suburb, so that Ar¬nette would appear to have beenkilled in an automobile accidentsArnette, it was shown at the,trial,

' which began here^l^ay^^TfJ, was

struck over the head and killed bya stick and piece of iron in thehands of Jeffords and Harrison,

> while Treece remained on watchon the outside of the filling sta¬tion.The next term of the court of

general sessions will convene here* November 29, and it is probable that

Jeffords and Harrison will be re-,sentenced to death then. SolicitorA. F. Spigner could not be com-

* municated with-tonight to deter¬mine what- his disposition in thecase would be.

In the opinion of the Jeffordsease, Justice Fraser recites a shorthistory of the case, tells of thedetailed confessions of> Harrison

* and Treece vas brought out at thecoroner's investigation and the re-,fusäl of Judge Townsend toacquiesce in the plea of Jeffords

» for a severance of the cases, madetwice during the t*Hal.

Relative to the contention that^the case should have been severed,the opinion holds:

"It is unnecessary to cite authori¬ties as the appellant admits that

* the motion was addressed to thediscretion of the presiding judge.No abuse of discretion has beenshown. Not only was no abuse of

* discretion shown, but the recordsshow that the appellant also con¬

fessed, not in detail, but in generalterms, when he said: 'I XpdV. partin the killing or participated inthe killing, but was over per¬suaded.' This assigment of errorcannot be sustained.

"Objection was made to that part> of the testimony which recited

that a detective asked Harrison totell the others implicated so theycould be apprehended before they

j escaped, and Harrison replied: 'Allright, send and ^rf Mr. Jeffords.'

"This statement," said the opin¬ion, "did not necessarily chargeJeffords with participation in thekilling. Jeffords was the partnerof Arnette, and most likely toknow of the surroundings, and theperson who should have been mostinterested in the punishment ofthose engaged in the killing. Theassignment of error cannot be sus-

t- tained.""The assignment of error in that

the confessions of Harrison andTreece should not have been ad¬mitted, was dismissed by the courtwith the statement that the chargeof the presiding judge/to the ef¬fect that the confession could ap¬ply only to those uttering it andnot the others cautioning the juryto this effect, was a correct ruleof law.

In dismissing the last assign¬ment of error, in which JudgeTownsend charged conspiracy, thecourt Quoted copiously from theState vs. Jenkins 14 Rich. Law 225to 227, in which these sentencesappear:

"All who are present concurringin a murder are principals therein,and the death, and the act whichcaused it. is in law the act of eachand of all. There is no distinctionin regard of the law in .the degreesof their guilt, or the measures oftheir punishment, or the nature oftheir offense, founded upon thenearness or the remoteness of theirpersonal agency respectively. Anindictment charging it as the act

tbltehed April, 1850.

.881._

jGOARDS WERE-READY FOR

TRAIN BANDITS¦ ¦ ¦

Leader of Band ofRobbers Killed by;Guards Near Mem-jphis

Memphis, Nov. 3:-.Jack Ken¬nedy, an exrconvict and an uniden¬tified bandit, were killed todayin an attempt to hold up and robthe mail and express car of thefast St. Louis, Memphis and Friscotrain hear here. It is reported thatthere were six men in the gang.Postoffice^* inspectors learned si«days ago of the plot and the traincarried extra guards.Eleven officers who were hidden

near the scene of the robbery kill¬ed the pair when they refused to.halt while escaping. A hundredof the registered letters stolen wererecovered.

CHARLESTONAMERICAN SOLD

Oklahoma -and Florida Pub¬lishers Take. Over Charles¬

ton NewspaperCharleston, Nov. 2..Negotia¬

tions that have been pending be¬tween John H. Perry of New YorkCity and Richard Lloyd Jones ofTulsa, Okla, newspaper owners,and the Charleston American ofthis, city, were consummated to¬day, whereby on the first of De¬cember, Messrs. Perry and Jonesacquire the controlling owner¬

ship of the Charleston Americanand will take active charge of thepaper.Mayor John P. Grace of Char¬

leston will be business managerand the present staff organizationof The American will continue, Mr.Perry announced today..- . The policy of the paper will beprogressive Democratic and it willcooperate with the other Charlestonnewspapers and the progressivenewspapers of the state for all thatwill build up Charleston as a great.,port city and promote the indus¬try, the agricultural and theeconomic welfare -of South Caro¬lina; Mr. Perry further stated.Mr. Perry and Mr. Jones own the

Tulsa Tribune, the JacksonvilleJournal and the Pensacola Jour¬nal. Mr. Perry is also presidentof the American Press association,and of the Publishers' Auto Cas-jter service, which furnishes a com-

plete news feature, editorial andadvertising service to 7,500 dailyand weekly newspapers through¬out America.

FILIPINOSASK FOR NAVY

Philippines Petition UnitedStates to Give Both Inde¬pendence and Warships

-Manila, . Nov. 3..Warships todefend the coasts of the Philip¬pines is asked in resolutions in¬troduced in the house of represen¬tatives petitioning the UnitedStates congress to authorize theconstruction of the vessels.

of a particular individual of theparty will be well sustained by evi¬dence that any one of these gavethe fatal stroke, or that it was

given by some one of them, thoughit does not appear by which.""The defendants," held Justice

Fraser, "were charged with mur¬der. The charge as to conspiracysimply stated the law as to theliability of one for the acts of theothers, if the act was done by mu¬

tual agreement or conspiracy.""The judgment,'/ concludes both

opinions, "is affirmed and the ap¬peal dismissed, and the case is re¬

manded to the court of general ses¬

sions for Richland county for thepurpose of fixing a new date for[carrying into effect the sentence ofIthe court."

In the opinion dismissing theappeal of Harrison Justice Fraseruses the same reasoning assign-merit of error for refusing sever-

ance and charging conspiracy as in|the Jeffords opinion, and in refus¬ing to sustain the plea of error inJudge Townsend's charge on ex¬

press or implied malice, the fol¬lowing language is used:

"His Honor charged the jury as

to expressed and implied maliceas follows:

"Malice is said to be expressedwhen there is manifested a delib¬erate intention unlawfully to takeaway the life of a fellow creature.a human being:.

" Tt is implied when no consid¬erable legal provocation appears, or

when the circumstances alleging thekilling show an abandoned heartand a malignant heart.'

"The error ssigned is to impliedmalice. The statement is not theusual form, but entirely harmlesshere. When a man is beaten todeath with pieces of wood and a

bar of iron, in his own place ofbusiness, by his partner and em¬

ployes, to whom he has been un¬

failingly kind, it was expressedmalice. There was not a scintillaof testimony from which impliedmalice could have been found. Theassignment of error cannot be sus¬

tained."

'Be Just and Fear 1

SUPREME COURTTAKES DRASTIC

ACTION,-.

Decision is RenderedThat Will PreventUnnecessary Delaysin the Execution ofDeath Sentences

Columbia, Nov. 3.Granting a

new trial to Cliff Hawkins, ofGreenville, who,has.twice had sen¬

tence of death passed upon himfor the murder of William Morgan!in 1920, the supreme court ofSouth Carolina today handed downa decision making drastic changesin the procedure to be followed inview to preventing unnecessary de¬lays in execution.The order provides that, after f

the supreme court has once af- i

firmed a death sentence of the low- jer courts, the defendant can notobtain the benefit of a motion fora new trial on the ground of af¬ter discovered evidence, the onlycourse then open, except with the iconsent of ,the state supremecourt. If there be no sitting ofthat court between the day of sen¬

tencing and the date set for the

electrocution, the defendant must

secure from the governor a tem¬

porary reprieve to give him oppor¬tunity to present his case to thecourt. The granting of the-reprieveis optional with the chief execu¬

tive. Heretofore, circuit judgeshave /granted a new trial on theground of additional evidence, af¬ter the supreme court had sus¬

tained a sentence of death.Hawkins was! first sentenced to

die on October. 1, 1920,'by thecourt of general' sessions at Green¬ville. His attorneys served noticeof an intent tc appeal, which ac¬

tion automatically stayed the exe¬

cution, The appeal was argued inthe fall of 1921 and was decided jagainst Hawkins. He was resen-

tenced to die April 7, 1922. His at¬torneys then appeared before Cir- jcuit Judge T. J. Mauldin and made]a motion for a new trial, on the)ground of newly discovered evi¬dence. Judge Mauldin refused to jgrant the motion.'saying he was '

without jurisdiction, as the mo-jtion was made in chambers, butgranted a. stay of execution. Haw¬kins appealed from this order butlater abandoned the appeal, andhis attorneys. appeared before JJudge Mauldin in open court.; and Jthere renewed their motion for a(new trial. This time, it was grant-1ed. The State of South Carolina an-;pealed from this decision, and itwas this appeal which was decid¬ed today by the supreme court.

Now Doctrine.

Columbia, Nov. 3..A new doc-jtrine of appeals on after discovered Ievidence in criminal cases was}enunciated by the state supreme |court today in affirming an order jof Circuit Judge Mauldin grantinga new trial to Cliff Hawkins, con¬

victed at Greenville of murder andsentenced to.be electrocuted.The opinion

' was: written byJudge Frank B. Gary, of theEighth Judicial Circuit and was

concurred in by four justices ofthe supreme court and the circuitjudges sitting eh banc on Septem¬ber 1, at which sitting the Haw¬kins case was reviewed. Asso¬ciates Justice R. C. Watts dissent¬ing.The opinion hoids that motions

for new trials on after discoveredevidence should be made to circuitcourts or judges when they havenot been deprived of jurisdictionby appeals to the supreme courtthrough the handing down of a

remittitur by that tribunal; butif the case is pending in the ap¬pellate court, a motion should be i

made to it to suspend the appealso that the motion for a new trialcan be heard before the lowercourt. The opinion likewise holdsthat, if the supreme court has al¬ready passed on the appeal, andits judgment has been remandedto the lower court, then an appealon after discovered evidence mustbe heard before the supreme courtand if the cause Iis meritoriousthat tribunal will take proper stepsto have the motion heard by thecircuit court.

Should the date for an electro¬cution already have been set. theopinion holds, then an appeal to thesupreme court should be made insufficient time on the grounds ofafter discovered evidence; buz, ifthe time is limited, the governorcan be requested to extend thedate of the sentence, upon propershowing, and the appellate court;will hear the motion anyway, and.:should the appeal be refused, therewill be no necessity of returningto the lower court to set a new

date for electrocution.The rule heretofore has been

j that, should the motion for a new

trial be refused by the circuit

; judge, then an appeal would betaken to the state supreme courtwhich must hear it. Should the cir¬cuit court be affirmed in its judg-merit and the appellant be sent

back for re-sentence, he could

j then make another motion for a. new trial, and again appeal from

j the refusal of the circuit judge,i and continue this almost inter¬minably, so much so that the dic¬tum, '"a man with sufficient mon¬

ey to continue hiring lawyers, ifconvicted of murder and sentenc-

Jot.Ijet all the ends Thou Aims't a

Sumter, S. C, Wednesc

FAS

Russian Bureau i njRome Raided b yBand of MenParis, Nov. 4.A conflict be¬

tween the Fascisti and the Sovietgovernment is feared as the result jof a raid' reported yesterday oh.1the Rome bureau of the Russian Jcommercial delegation. A band ofraiders is said to have dragged an |alien employe from the offices and ishot him against a wall.- i

New York, Nov. 3 (By the Asso-Iciated Press).The Facisii move¬

ment, "a modern form of banditry," |will hold its power in Italy only'a short time, in the belief of JeanLonguet, famous Socialist leader ofFrance, who arrived today on theMauretania.

Longuet, a grandson of Karl jMarx, will remain about twomonths in the United States,, lec-jturing and studying the America njSocialist movement and economicconditions.

» ? »

HEADS OF MCOLORED STATf

FAIR FIGHT_ *

Bad Blood Between Editorand Bishop Cause Quarrel

That Ends MeetingColumbia, Nov. 4..A meeting of

the executive body of the colored!State Fair came to an abrupt- endin Columbia Saturday morriing,when C. G. Garrett. editor oft* anegro newspaper,*The Light,.madea nattaek on Rev. W. B. Chappehe,bishop of the African, Methodistchurch, bringing to a head a war¬

fare that has been waging betweenThe Light and the bishop, for years.The altercation followed an argu¬ment as to a bill for advertising ofthe Fair, presented by Garrett. Aea result of the altercation, Garrettwas expelled. from- the board ofcontrol of the colored fair by a

unanimous vote. Bishop Chappell"repaired himself to an oculist and jbought.-a new,pair of glasses to re-jplace those. ..broken in the fray. IGarrett was arrested/

BIG STOCKDIVIDEND

Pittsburgh, Nov. 3..Directors jof the Union Natural Gas Company ivoted today to declare a stock di- jvidend of 75 per cent in addition jto the regular cash dividend, pro-!vided the stockholders at a meet¬ing on November 28 vote favorab- 1ly upon a proposal to increase the;capital stock from $10,000,000 - to$20,000.000. j

ed to death, need never to be exe- jcuted," has almost become a legalmaxim in South Carolina. How¬ever, the new doctrine laid downby the court will prevent this.The doctrine of appeals under

which the courts have been labor-,ing, as laid down in the State vs. jLee, and interpreted in subsequent Jcases, "has led to a condition" inthe language of the opinion, j.where convicted criminals may by|successive motions and appeals jblock the process of the law in- jdefinitely, and by their motions andappeals prevent their executions."

This condition has been con-jfronting the law enforcement de-par'trnent of the government forsome time, so much so that in sev¬

eral notorious cases substantial jus¬tice has been thwarted. WhenJudge Mauldin granted a new trialto Cliff Hawkins on the ground ofafter-discovered evidence as to hismental condition, the state, through jthe office of Sam M. Wolfe, At¬torney General, appealed for the!main purpose of having the case of!State vs. Lee reviewed in an ef- jfort to have the supreme courtascertain if a new doctrine on ap- jpeals could not be evolved.The supreme court realized the j

gravity of the situation in a timewhen crime is rampant, for, in the jopinion, it uses these words: "Per¬haps this tribunal was never call¬ed upon to meet a greater respon¬sibility than that which now con¬

fronts it: nor was it ever more

loudly called upon to use its ju¬dicial powers Jn a proper M'ay toavert a deplorable condition, acondition that is not calculatedto enhance respect for law, and its Jenforcement, and which as a mat-;ter of fact would have a contraryeffect. It was never intended bythe framers and makers of our

constitution and laws that the con¬

dition referred to should exist andthere must he some legal way *oavert it. We have the opportun¬ity and it remains to be seen

whether or not we have the dis¬position and the ability to point outthat way."

Recently the state supreme court,adopted what is known as "Rule30" in which it was decreed th:itfrivolous appeals would not belooked on with leniency by thecourt, but the doctrine laid downthis afternoon will put a stop todelayed justice and speed up theexecution of the sentences of thecourts.

t be thy Country's, Tby God's and

lay, November 8,1922

TURKSDISCARD

SULTANAngora AssemblyUnanimously De¬cides That It is Su¬preme Power andSultanate is Abol¬ished

Constantinople, Nov. 3 (By .theAssociated Press)...An end to thesultanate in Turkey has been unani¬mously decreed by the grand nat¬ional assembly sitting at Angora.The executive and legislative "pow¬ers of the country have beenconferred with the assembly uponthe nation and the palace of thesublime porte, which "through cor¬

rupt ignorance for several centuriesprovoked numerous Äls for thecountry, has passed into the do¬main of history.A caliph is to be chosen by the

assembly from a member of theOsman dynasty to succeed the sul¬tan but the resolution of the as¬

sembly announced that the Turk¬ish government would remain thekeystone of the caliphate. Thechoice of the ealiph is to'be thatmember of the imperial family whois the best, instructed, the best ed¬ucated, the most honest and thewisest.The assembly also decided that

all treaties entered into by theConstantinople government sinceMarch 6, 1920, were null and void.The decision of the. assembly was

followed by the proclamation of a

national holiday and the firing ofa salute.

Notwithstanding the assembly'sdecree that the era of liberationhad at last been entered into thesultan presided this afternoon at a

meeting of ;his ministers. Thegrand vizier, Tewfik Pasha, andhis colleagues kissed the sultan'shand on the occasion of the pro¬phet's birthday, renewed theirpledge of loyalty -and expressedthe utmost indignation of. whatwas termed the rash action of theAngora government in proclaim¬ing an end to the sultanate. Whilenothing definite can be ascertainedregarding the decision reached atthe council today, it was reportedin high quarters there was goodreason to believe the sultan haddisputed the legal character* of thenational assembly's decision.Some of the Turkish afternoon

newspapers today announced'.thatabdication of the sultan is only a

question of ho\»rs,'but the ministersof the sublime porte took nosuch a view of the situation. Thesultan's resignation, according totradition, would be handed to themembers of the- imperial family,and no crown council was calledtoday at Yildiz palace.

Monarchist and Turkish mod¬erate circles anticipate internaldissension in consequence of theaction of the assembly. They ex¬

press the view that the step of theAngora government is a triumphfor the Bolshevik policy.Grnd Vizier Tewfik Pasha has

telegraphed Mustapha KemalPasha,, the Nationalist leader, thatany measure contemplated by theassembly affecting the sultan'sstatus will weaken Turkey's po¬sition abroad. Tewfik added thatthe allies would benefit at the ex¬

pense of- Turkey at the forthcom¬ing conference in case of divisionbetween the national assembly andthe palace and endeavor to poseas protectors of the caliphate. Inconclusion Tefik called the Angoragovernment's attention to the pos¬sibilities of worldwide reaction,which the assembly's attitudemight cause in Mohammadancountries, thus jeopardizing thefruits of the victory of the Turksover the Greeks.

MOSLEMS WONDERWHAT SULTAN WILL DOConstantinople, Nov. 4. . The

whole Near East is anxious to learnwhat the sultan is going to doabout the unanimous decree of-thegrand national assembly at Angoradeclaring the sultantate at an

end. The heir apparent and oth¬er members of the imperial fam¬ily conferred last night at the pal¬ace"" and decided that none will ac¬

cept the throne if it is stripped oftemporal power. The assemblydeclared that the member of theimperial family best educated,most honest and wise hereafterwould be selected as sultan.

EDUCATION WEEKColumbia. Nov. ">. . Governor

Harvey has issued a call for a

state gathering in Columbia on

November 10. under auspices ofthe South Carolina. Citizens' Edu¬cational Association, to launch amovement for a mass meeting ineach county of the state during"Kdueation "V^J^k," December 4-9,in behalf of the rural schools ofSouth Carolina. The meeting willbe held in the state library at 7:30o'clock in the evening.To this conference the governor

is inviting leaders in various or¬

ganizations of the state, especiallyorganizations whose intent is edu¬cational.

J. Rion McKissick. of Greenville,is chairman of the citizens educa¬tion association, under whose aus¬

pices the conference is to be held

Troth's."

SENSATION IN iNEAR EAST i

SITUATIONAfter Deposing Sultanthe Kemalists Turno n Allied Powersand Order Them toGet Out of Constan¬tinople

x -i-Constantinople, Nov. 5 (By the:

Associated Press)..An allied ex-jtraordinary council decided tonight jto refuse categorically the Nation¬alist demand for the allied militaryevacuation of Constantinople.The first note deals with the visit

to Kemalist ports of eight allied andAmerican warships and declares theport authorities have been instruct- |ed not to/permit a landing. In ac- Icordance with maritime laws the jTurks request that these vessels isalute the Turkish flag.The other note sets up a claim i

for the immediate handing over to!the Angora government of theTurkish railways in Europe andAsia, wich are under temporary al¬lied control.

Constantinople, Nov. 5 .(By the JAssociated Press)..The Nation- jalist government is in control of jConstantinople. Rafet Pasha is thenew governor and Hamid Bey, thejrepresentative of the Angora gov¬ernment, has ordered the alliedtroops out. In a note to the en¬

tente he demands evacuation of theallied forces.The Turks have torn" up the

Mudania armistice convention andare advancing into the.Chanak?area, occupied by .the British, and!other neutral zones.

Since noon Saturday the Nat-jionalist administration is declared i

to have, been established and in jcelebration of thjs masses of ex-jcited Turks*have been engaged injdisorders. Students marched i

against the palace and riotousjmobs engaged in such manifesta-;tions that it became necessary forthe allied police to fire on them,several

rof the Turks being killed

6r.wounded.'The Christians in the Stamboul

'quarter throughout Saturday night!were seeking shelter and protection'from what they plianly feared..a Turkish massacre.

Today, however, the governmentauthorities issued orders that all jdisturbances Should be rigorouslyput down. The allied high com- jmissioners accepted the new re-jgime and there was nothing leftfor the sultan's ministers but res-1ignation from office..Tewfik Pasha, the grand vizier,

realizing his power had disappear¬ed, dispatched messages to repre-isentatives of the submlime porte in |the various capitals to transfertheir archives to the representa¬tives of the Angora government.There seeemed danger for a

time that the radical forces wouldgain the upper hand. The sultan)was denounced/together with mon-|archy, and Mustapha Kemal Pasha Iwas acclaimed, as "our president."!It became necessary to throwguards of troops around the sul-;tan's palace, within which Muham-mad VI, how caliph only, isspending fearful hours.As yet Muhammad VI has given

no evidence of conforming to thedetermination of the new govern-ment to rid Turkey of the high!office of sultan, but the quickly de- jveloping popular movement maysoon compel him, with the loss ofhis chiefs, to accept the inevitable.

Rafet Pasha sprang the news ofthe change In government in a

dramatic manner on the allied gen¬erals. The generals had summon¬

ed Rafet to discuss the question ofthe admission of Kemalist gen¬darmes to the Gallipoli and Chanakzones. At the termination of the;discussion Rafet, as by wray of an

after thought, broke the startling jnews thus*:

"I must Jnform your exeellen- jcies that since neon the Constan- jtinop'e government no longer ex- Iists, and I have assumed the gov- jernorship."

Constantinople, Nov. 5 (By the'Associated Press)..The sultan's jministry resigned Saturday even- iing and Rafet Pasha, representative]of the Angora Nationalist govern-ment, has assumed power. He is-jsued a manifesto today which de->clared that from noon, November4, the administration of the great!national assembly of Turkey is es-i

tablished In Constantinople.The manifesto announced that;

the Sultan's position has been clear-;ly defined by the decision of the:national assembly and that therights of citizens are absolutely!safeguarded by the laws of thegreat national assembly of Turkey.The allied high commission has

accepted the new regime. Thisleaves no choice for the sultan. Allthe Turkish courts are suspendedand Rafet Pasha, the new govern-;or of Constantinople, has orderedthe attorney general to dispense;justice under the jurisdiction of theAngora government. This further!imperils the Sultan's position.Owing to the suppression of the

ministries, all government em- jployees except those identified with!the municipality who continue at'work, have been requested toawait instructions from the Angoragovernment. Yesterday the govern-'

THE'*TRUE SUt"

LAUSANNE ICONFERENCE

POSTPONEDDevelopments at Con¬

stantinople ThrowPlans For Peace inNear East into Con¬fusion

London, Nov. C..As a result ofnew developments In the situationat Constantinople the peace con¬

ference called to meet at Lusanneon November 13th has been post¬poned, possibly for a: fortnight, itis announced. It is stated in au¬

thoritative circles that in no cir¬cumstances will the British point ofview regarding the presence of al¬lied troops in Constantinople bechanged. The British intend to up¬hold the Mudania agreement andwill remain in the neutral zonewith troops.

ment employees went on strike, a

message being sent to An&ora Jhatthey had done so in protest againstthe sublime porte's refusal to com¬

ply with the Angora ultimatum.Prior jto accepting the announce¬

ment of Rafet Pasha that the fun¬damental organic law promulgatedby the Angora government wouldbe applied to Constantinople Sun¬day, the allied high commission¬ers and generals gathered lastevening in the British embassy, to-

examine Rafet Pasha's proovj-als,which were for the establishmentof Turkish civil administration inConstantinople and the neutralzone. Rafet participated in themeeting, which discussed rin allits details the advisability of, thetransfer of the civil power to theAngora government. "Soon after¬wards the new Nationalist govern¬or definitely took control of the"capital and issued orders to thedirector of police and chie*: of thegendarmie to carry on their workand see" that public order was notdisturbed. He then spoke from a

balcony to a crowd of several tbon^sand, declaring the hour of theliberättoir-of the captive capitahad struck. He paid tribute to theNationalist army and referred inglorying terms to the common sens*

displayed by the people of Con¬stantinople in giving all .supportto the Angora government, whichhad made possible a bloodless rev¬

olution. He warned the people todeport themselves with dignity andnot offend the susceptibilities, of thesultan, who still remained jaliph;any attack against his persor.) wouldbe regarded as an offense againstthe Moslem religion.The municipal council forwarded

to Angora its acceptance of the na¬tional assembly's resolution re¬

specting the sultan and the trans¬fer of -the sovereign rights to theassembly. A mayor was then elect¬ed and he in the presence of RafetPasha and other Kemalists tookthe oath of allegiance to the An¬gora assembly. IStamboul was en fete Saturday

night. There were boisterous dem-1onstrations during which frenzied;Turks fired blank cartridges andotherwise created disorder. Theallied police held themselves in re

straint for a long time, but final¬ly were forced to fire on the mob,killing or wounding a few Turks.The disorders continued today,during which there was consider¬able window smashing.The imperial guards and allied

policemen were on duty all nightat the palace here. In Stamboulthe Christians sought shelter inthe foreign establishments.

Students of the Turkish univer¬sity organized a mass meeting atYildiz palace during Saturdayevening. Five hundred studentswith banners and carrying litho¬graphs of Mustapha Kemal Pasha,the Nationalist leader, marched pastthe British embassy singing pa¬triotic songs. When they reachedthe palace they shouted the mostviolent epithets against the sultanand shouted, "Long live our pres¬ident, Mustapha Kemal Pasha.""Down with the monarchy," and"Long live new Turkey."The poorer classes of the Turks,

long imbued with monarchist prin¬ciples, seemed dismayed at thesight of the revolutionary elementand the expressions they heard ot¬

tered. They declared that the"Angora Bolsheviki" would bring jabout the ruin of the empire.The streets leading to the Yildiz j

palace were blocked with crowds}and street traffic was suspended forseveral hours. The sultan request¬ed protection from the allied policeand mounted policemen and cor¬

dons of troops guarded the palace,ready to fire upon any person whoattempted to invade it. The dem¬onstration did not assume a char¬acter of extreme violence, but thefear was expressed among thosemaking up the crowds that the sul¬tan, despite his intention not toabdicate, might be forced to do so

by the popular wave of enthus¬iasm which has been worked up bythe Kemalist propaganda.

In the fear of possible untowardevents the allied high commission¬ers have telegraphed their respec¬tive governments for instructions.The consternation of the Christianpopulation is beyond description.Frequently there is to be heard thestatement "'the Turks will mas¬sacre the Christians."

I'M KON, f*>Uil»tiahed *I«mk* I. i MMI,

VOL. UiL NO.

«VMABÖR"CONFERENCE

_CL0SEDInternational MeetingWas Devoid of Con¬structive Action .Breaks Up in Dis¬cord_

Geneva, Nov. 3 (By the Asso-jciated Press)..The sessions of theinternational labor conference end¬ed this evening. During the day,prior to adjournment the Germanrepresentatives left the confer¬ence owing to differences arisingover the use of the German lan¬guage in the. deUberatiohs, and theSwiss government delegates, Dr.Pfister and Professor Delaquis,also departed for home, pleadingpressing business at Berne.The representatives of the Swiss

employees and workers, however,remained to the end of the con¬ference.^ Although the question ofthe use of the German languagewas' supposed to have been set¬tled so far as the present con¬

ference "was concerned it was

brought up today by a motion in-'Siting the international. Labor bu¬reau to ihventigate the final costmvolved in-the adoption of an¬other offichil language. Herr Wes-ser, a German workers' delegate,in a strongly worded speech, de¬clared phat millions- of! Germanworkers were embittered becaos**their representatives were unableto make -their voices heard atGeneva-oa questions of the utmostinterest to them.

"If'the German people has fall¬en,^, he. said,, "if it has beenbrought* to- earth; it has .not" lostfaith.-phat m'the future it will seea new dawn arise for it."The Gerznan"delegation then, rose,

.o'qk .up-their papers and solemnlyfiled out-of the room, leaving thosein the nieeting Overcome with sur¬

prise., .Icy silence followed thewords of Herr -Wesser, but soon,afterwards Dr. Aristedes, de Ague£\vy Betancburc of Cuba, vice presi¬dent of the conference, spok^ »«"condemnation of the authors ofthe*' Iftc^gtenr" at^'-Teproached themfor abandoning their posts.; Hewas loudly applauded.

It has-been palpable that t&fltSwiss* government delegation wajinot satisfied with the treatment ithad repelv&H ät.. the conference,particularly', because Switzerlandhadybeeh replaced on the councilby Finland and also because of al¬legations that Swiss views on o^e>~- .

tions of interest,to Switzerland hadfailed, of approval by the cohfW-ence.

Viscount Bumham. f"reai Erit-aim chajrthan of the conference-gave a summary of the workdone at the sessions. He sa'd thework had been less arduous than |nprevious year? but .much good hadbeen accomplished. He added thatat ne^t year's Pan-American con¬

ference m Chile both the leagueof nation^, and the labor bureauwould be w^H represented. In clos¬ing his address Viscount Bumhamexpressed satisfaction that therehad beert American observersthe Geneva conference and ss?Klhe hoped they would return in fu¬ture years."

POSTTOAVEZZANO

Will Be Ambassador to UnitedStates

Rome, Nov. 3 (By the Asso¬ciated Press)..The appointmentof 'Earen.'Romano Avezrano as am¬

bassador . to the United Stales t o

succeed Vittorio Rolandi Rlcci was

announced teday.

Washington. Nov. 3 (By the As¬sociated Press)..Baron CamllloRomano Avezzano, reported to havebeen named as Italian ambassa¬dor to the United States is a tram-ed diplomatist. He came to Wash¬ington in 1913 from Greece, wherehe had been Italian minister dur¬ing the war. While his service as

ambassador here was short, he was

a very busy man, closing up manyof the troublesome war time issuesconnected with Italian finances intheir relation to. America. His sec-

lease from, his post here came as a

surprise to his many friends,, butwas incident to the radical changethat had taken p"ace in the Italiangovernment .as the result of theoverthrow of the Orlando cabinet.The change was regarded here as

purely political. ;" No information of an officialcharacter regarding the reportedselection of Earon Avezzano toagain become American ambassa¬dor had been- received late todayeither at the state department orthe Italian embassy.

vekdict ofnot guilty

Returned in Case of T. JeffMcsier

Camden, Nov.. 3..The jury in.the case of T. Jeff Mosier, chargedwith the killing of W. M. Watkins.a merchant of Cassatt, rendered a

verdict of not guilty after beingout at*>Ut: two hours. The case hasoccupied three days of the courtand large crowds, have been in at¬tendance.