The Gaffney Ledger from Gaffney, South Carolina • Page 11

THE GAFFNEY LEDGER, GAFFNEY, S. C. PAGE THR Thursday. November 8, 192I cellency, in that your excellency was Get thisl remedy! Guaranteed to can Itehinir Bleedmo'. BERKELEY SHERIFF- SUBMITS RETURN "Aunt" Harriet Dead.

Chester, Nov. 4. "Aunt" Harriet Rainey, highly respected negress, known to large numbers of people, is dead. She was of the old school negro type. She was in the employ of the late B.

M. Spratt and family for the past 45 years. convinced that ha is before your excellency on this rule to show as a result of political maneuvers by, political opponents of respondent and his deputy, C. L. Woodward.

As a further defense: If respond-jnt's deputy had admitted givirg the whisky to J. W. Mims as he has admitted giving small quantities to jther parties, respondent feels that he is following the procedure and xaniple set by your excellency in hit toir excellency has retained in 4 FOLKS YOU AINT HEARD NOTHIN YET! REPLIES TO CHARGES DRUNKENNESS. OF Claims He is Victim of Peculiar Disease and tha tGoverncr was with His When He was Drunk. i Columbia, whiskey is made in Berkeley county than in 'any other' county in' South Carolina in the opinion of Sheriff C.

Ballentine, who yesterday submitted to The vivid voice of Vitaphone brings you the greatest living entertainer. AL JOLSON 12 Governor, John G- Richards his 1 -IN- I "THE SINGING FOOL" Greater Than "The Jazz Singer" and that was great. A WARNER BROS. VITAPHONE PICTURE. SPARTAN BURG, S.

C. ENTIRE WEEK COM. NOVEMBER 12TH Company Clothing Store" UK a 13 59 El Wf II El IB fid a J. R. Osborne "Gaffm-y's Host I lit I I- i i Blind or Protruding Piles or money re- bodjr tube with pile pipe, TGe; or the tin box, 60c.

APAZO OINTMENT iunaea. uei tn 3 t. -I 3- SI i a sa a a IS 14 S3 a 05 (91 ta 14 i tiffs wi iwff' turn to snow cause wny ne snouiu be removed from Some weeks aero, the eovernor is sued a rule on the sheriff of Berkeley, to show cause why he should nut De, removed from ounce Decause ol his alleged' failure to investigate the conduct of his deputy, C. L. Wood ward, in reference to handling whis key, and also because of alleged drunkenness in recent After hearing the testimony in the case yesterday.

Governor Richards reserved his decision in the matter Sheriff Ballentine was not put upon the witness stand during the hear ing. His return or answer to the order to "show cause" was as follows: Text of Reply. C. P. Ballentine, by Norval Newell and Thomas P.

Stoney and M. F. Winter, his attorneys, for return to the rule to show cause, is' sued by Governor John G. Richards, September 25, 1928, and returnable October 3, 1928, but through courtesy of his excellency, continued until No vember 3, 1928, respectfully shows: "For a first defense: Respondent respectfully submits that the allegations set' forth in the rule to show cause against this respondent are insufficient to constitute grounds for removal, in that: "Your excellency is nowhere given authority to dictate to respondent whom he shall employ as deputy or whom he shall not employ, neither has any report been asked by your excellency of this respondent as to the jresult of respondent's investigations of the conduct of his deputy, L. Woodward, or any request b.

your excellency that respondent investigate the conduct of said deputy. "That the rule to show cause does not set forth or allege habitual drunkenness by the respondent and in order to constitute misconduct in office it should be habitual drunkenness, under all of the laws of the land. "The rule to show cause nowhere sets forth any duties of respondent as sheriff for Berkeley county that have been neglected, or not properly discharged. "Wherefore, respondent submits that the rule to show cause is insufficient and should be discharged. For a Second Defense.

"That respondent is 49 years of age and has held public ofiiee in Berkeley for ten years by the vote of the majority of the Democratic voters of said county and in the year 1922 was duly elected as sheriff for said county over the former' incumbent, Sheriff W. M. Dennis and three other opponents by a handsome majority, and was again duly sheriff for Berkeley county in the year of 1926, over considerable opposition, by a majority of about J.500 votes for respondent and about 300 for his opponent. "That though respondent was elected times by what is known in Berkeley county as the anti-Dennis faction, respondent has at all times attempted' to serve the people, as a whole without regard to political factions, and from the flattering vote given him each time he has run, he believes that he has rendered efficient and satisfactory services to the majority of the Democratic people of Berkeley county, respondent having at all times advocated that the will of the majority of the Democratic voters should control, and never at any time has he bowed to the autocratic rule and dominion of the Dennis faction, which is now-seeking in characteristic autocratic style to defeat the will of the majority of the Democrats and put in office a man of his own choosing instead of the choice of the people. "That the office which the respondent holds is a constitutional office and it was held in the case of state 11 a a US ss sua si 'M RS BS IE! EI 1-3 In a a Pi El with respondent on two of the toui occasions, at which times respondent has been under, the influence of in toxicating liquors within the past three years, hereinafter set foi'th lr detail.

Suffer Mental Disease. "Respondent is partially afflicte with a mental disease known as con stitutional psychopathic inferiority which affects respondent as follows After he has been persuaded to tak one drink, he then develops a sud ler ciaving for more alcoholic liquors which craving is so severe that it dethrones his reasoning power ant keeps him drinking until he is totally- drunk. "Durinor the Thanksgiving period oi the fall of 1926, when your excellent-: and a number of other state official: and prominent citizens came to Sena tor Dennis', place, known as Stone; Landing hi Berkeley county on i deer hunt, respondent was present as sisting in the entertainment, liquo-was plentiful, and the night of th day upon which you arrived, respond ent took a few drinks with some the guests, feeling that it would discourteous to refuse, and imme diately the said disease began it; work and respondent was not able tc go with your excellency and th others to Dean Hall plantation th next day on the hunt in which thre does, were killed, one of which wa killed by your excellency, as yo; well remember. On a Duck Hunt. Again during the winter of 1927, when your excellency and a numbei of state officials, including other sheriffs and a number of others were in Berkeley county, at Senator Den nis' place known as Stoney Landing, on a duck hunt, respondent pre pared barbecue and carried to sail' place for the entertainment of Sena tor Dennis', guests.

When ha arriv ed there he found plenty of whisky and plenty of drinking and as a mat ter of courtesy and as a friendly gesture, respondent took a few drinks with the guests and the dis ease again took hold of the respon dent and it was several days before he had fullv recovered. During the latter part of the win ter or the first part of the spring ol 1928, respondent went to Columbia with Senator Dennis, to appear be fore the board of pardons in behali of Jeremiah Wright. On the way was considerable; drinking, but espondent did not drink any until just belore arriving in Columbia, nd at the persistent insistence ol his companions on this trip he took one drink before getting to Colum bia, and after arriving there he tool several more drinks, which resulted in respondent being laid up for sev eral days. The night of the second primary lection, to wit: September 11, 1928. respondent was feeling very badly physically, owing to a pleurisy that had affected him for several weeks but, feeling jubilant mentally over the election ot Representative aeorge Davis, whom he, respond ent, had supported very strenuously.

respondent took several drinks of whisky' and became somewhat intoxi cated as a result of which respondent was carried to the Keely instf tutc in Columbia Wednesday. Fri day i espondent was practically sobei and held a conference with the United States district attorney froir the Eastern district and that nigh, he returned to Moncks Corner, bu the said disease had not been fully-conquered and on the way back re spondent took several more drink; and upon arriving at Corner respondent was intoxicated and was carried to Kelly hospital at Kings tree. Could Not Sleep. Shortly arriving at the hos pital at Kingstree, respondent was piartically sober, but was nervou: and could not sleep and the physi cian in charge gave respondent a new medical preparation known as veronal and continued to give re spondert this veronal preparation ir such doses from Wednesday until Friday, September 21, six days after the respondent had been admitted tc the said hospital, respondent was so affected by said medical preparation that he had lost all his reason and it was necessary to have a special nurse with him all the time and respondent did not regain his reason until 'after he was removed from said hospital, October 9, 1928. That respondent's continued illness in the Kelly hospital was due to the effects of the medicine given him and not as a result of intoxicating Whisky.

Respondert has at no time been habitual drunkard and at no time have the duties of his office been neglected on account of intoxication or otherwise and though respondent nas several times witnin tne past two years Deen seriously sick ana unaoie to attend to his office in person, this was a providential nindrance that could not be avoided, and tlie office was properly looked after by his deputy. Claims Deputy Framed. For a fourth defense: This respondent respectfully shows that he has made a very thorough investigation of the alleged delivery of 61 gallons of whisky by his deputy, C. L. Woodward, to J.

W. Mims and from such investigation and from facts within the 'personal knowledge of respondent and knowing the men making the accusations as respondent does, this respondent is thoroughly convinced, and verily believes, his said deputy was framed and that there is absolutely no truth in the charge. Respondent believes that the charges against his deputy were made for political purposes and not for the benefit of respondent's office and were instigated by Senator Dennis and his political lieutenants and this belief was confirmed to satisfaction a few days ago whin Senator Dennis came to respondent and informed him that if ho would discharge C. L. Woodward as his deputy, he would guarantee hat the charges against the respondent would be dropped, but respondent did not care to make a political 'tapegoat of Woodward and refused to give him the dirty deal as requested and respondent is firmly office as whisky constables, men who mt nnlv have admitted eivine away whisky but are indicted in the fed eral courts for the highest crime nown against the Volstead act.

All jf which is respectfully submitted. THOMAS P. STONEY, NORVAL JST. NEWELL, Respondent's Attorneys. CAUGHT ON WEDDING EYE 'ays Jealousy Over Approaching Marriage Caused His Arrest.

New York, Nov. 7. Some one ob-ected to Robert Victor Cavuoti's narriage, so today, he is scheduled 0 be arraigned at the Navy Yard eceiving ship in Brooklyn charged vith desertion, facing eighteen norths' confinement in a naval irison. He is thirty and lives with lis parents at No. 14 Mesereau GraniteviLe, Staten Island.

For dmost a year he has been running 1 real estate brokerage office in Port tichmond, where he was arrested yesterday. The charge against him is desert-ig the U. S. S. Wyoming while he was anchored ir the North River Sept.

14, 1925. The records show hat Cavuoti enlisted Sept. 7, 1924, nd would h3ve been eligible for onorable discharge on Election Day he had not elected to go over he hill" after wearing the uniform 1 year. According to the police, Cavuoti inly precaution against being cap ered was to "sell real estate in (ew Jersey" for two years. He did lot even take the precaution of us-ng an assumed name on his return Staten Island and lived openly it the home he had given on enlist-ng as his "permanent address," ap- larently reasoning that the Govern- nent had long since lost all interest his case.

As a matter of fact this was fairly ound logic, for Cavuoti's arrest was wrought about by an annonymous 'tip" to police and not from any ictivity of the navy Cavuoti was juoted by Detective Graham as say- Mg grimly that he had a pretty idea who was responsible tor lis arrest, and attributing it to ealousy or opposition to his coming narriage. At Cavuoti's Staten slland home, nembers of the said his ianeee was Miss Lillian Stokes of 'o. 4 West 103rd Strecc. He is said have planned to get his marriage license today. BELIEVES HORNED MEN ONCE ROAMED FLORIDA Excavations Indicate Sturdy, Small Race with Hornlike Projections.

Tamra, Nov. 6. Recent ex-avations lead local archaeologists believe that, this section once was nhabited by a sturdy race of peo- )le, some of whom had horn-like roiections above their ears. Or. a mound near the home of eoige near Tampa, verc found bones and relics which V.

M. Wade, president the Tampa Archaeological Society, be-ieves were left by a prehistoric of men. "The size of the thigh bones leads to the conclusion that this ace averaged not more than five 'eet in height, but were very turdy," Mr. Wade says. "This is ndicated rot by the thigh onts but by the massive jaw bones vhich form nearly a square as ompared with the triangular jaw ones of the modern man.

The teeth, which have been vorn to the gums in many instances, indicate a race of long-ived people, possibly running into a hundred years or more. "Many of the skulls found in the mound have strange characteris-ics. Some of them have horn-like irojections, some are several times is thick as the ordinary human some of them slant back directly from the eye sockets and ithers are without the fissures normally found iat the back of human skulls. "Trinkets and pottery found in mound leads to the opinion that hese people enjoyed a civilization omewhat more advanced than that found upon the discovery or Amer-ice." Diamond Choir. There's still a laugh in this heated story of Pola Negri.

Among hose who greeted her on her in this country were some nembers of the Los Angeles baseball team. They tried to explain game to her, telling of the nine non on a side and so forth. Finally Miss Negri turned to one of them and asked: "What do you play?" "Third base," was the reply. "My, what a deep voice you must have!" The Wave of Reform. "Beginning tomorrow morning," the chief of police declared, "this department declares war speeders." "But, thief," remonstrated the desk sergeant, "all the city fathers and a lot of the judges of our local court own cars." "True I hadn't thought of that.

I have one myself. We'll declare war on the jaywalkers instead, then." f' 1 Ks i- -ft' jiff mm is dig wm Service to Disabled in Ton Year Since Armioi.ce Mr.s Ccsi CC5.300,OC0. In this year of the tenth nnnivi-i'sry of the AnnkUice, which one! ml the world war, the American Red Cross still finds a iirr.iy of disabled and sick veterans retiuiring assistance, and whose families also must be aided, according to a statement by Jani-s L. Fiescr, vice chairman in of mestic operations of the Red Cress at Washington. In the ten years since 11.

131S. the Red expended mutely GTi, (no in veteran relief Mr. Fieser There is a daily avera.t-'.e ot 500 disabled and sicl; world war veterans enrolled in Veterans' Bureau and other soveriinie.it 'which' cave for these men and women, r.nd about the same annual average of veterans succumbing to wounds and illness, for whose dependents the Red Cross is pledged to give required assistance, Mr. Fieser pointed out. In addition, the Red Cross, under its charter granted hy Congress, has a definite duly towards service men of the regular establishment of Army, Navy and Marine Corps, and follows them to all foreign ports or duty.

The expenditure in this work for the year ending Juno lit), lO-'S. was the annual report slates. "Upon the Red Cross rests the sacred obligation of carrying on relief work for lie disabled service and ex-service men and women and their do-pendents, inking up the work where the Government is not able to carry on," Mr. Fieser said. "The Red Cross has 3-iU trained workers, serving either full or part time in the liehl, in liaison work, and hospitals, who are always in personal contact with the nick and disabled in hospitals, with the men in the regular Army, Navy and Marine Corps, and who stand ever ready to serve veterans back in civil life, who need the ot a friendly agency to aid in establishing their rights and claims.

"To maintain this staff and to sup port the practical services they render, the Red Cross made expenditure of 705 for the year ending June "0, 1928. hi addition 2,700 Red Cross Chapters, in that number of communities, who have established special work for the disabled service and ex-service people, expended during the past year The annual report slates that the number death claims alone of veterans which are handled through the War Service at national headquarters of the Red Cross, has increased from 12,010 in 1923-21 to 24,002 1927-2S. During the year ending June 30, 192S, War Service assisted Chapters in adjusting Government claims amounting, in benefits to veterans or their dependents, to SU33.203.42 in awards for compensation, insurance, adjusted compensation, burial expenses, etc. In addition this amount, which represented lump sum payments, awards were obtained for in monthly installments of insurance and compensation and in quarterly adjusted compensation payments. Mr.

Fieser points out that Red Cross Roll Call comes once each year, and that it is the only occasion upon which the Red Cross asks for funds with which to carry on its activities, of which War Service is one. From Armistice Day to Thanksgiving Day the American people are asked to support this work through their Red Cross memberships. II it 4 V. ISS AHHUAl ROLL CALL i 5,000,000 MEMBERS Disaster Relief and Work for Vct- err.n3 Cause Heavy Drain cn Resources. In order to enable the American Red Cross to cany on its broad activities, ranging from service to the world war 'veteran to instant response iu time of disaster, a membership of 5,000,000 should be enrolled, and in this year of 192S-1929 that is the goal set for the twelfth annual roll call, to be held from November 11 to 29, Armistice to Thanksgiving Day.

John Barton Payne, chairman of the American Red Cross at Washington, in calling upon the nation (pr adult members, directs, to tiie great expeiiditures'required of the Red Cross for disaster and veteran relief work, and for its many otljer activities devoted to health preservation and improvement and to cutting down the number of accidental deaths, through life saving and first aid courses. "The Red Cross should at all times have a large reserve fund," Judge Payne stated, "because when disaster strikes, and this organization is "called into instant action, there is no time to slop and raise funds. Dollars may mean lives, so we should have at all times a good reserve. AVa haye been forced each year to draw upon our reserves, and we find that the demands are increasing annually." Judge Payne pointed out that in the fiscal year of 1927-2S, the Red Cross had extended aid in G5 major catastrophes in "the United States and its insular possessions, and in 22 nations abroad. This does not include the Vest Indies hurricane disaster in Porto Rico and Florida, which occurred after the close of the Red Cross fiscal year, June 30, 1928.

The Red Cross expenditures for disaster in that period were of which approximately was exploded in the Mississippi Valley for the flood relief work, which came from a fund contributed by the public. More than $1,000,000 expended in the St. Louis tornado damage, and more than $1,009,000 in New Ktigland. In both cases public relief funds were raised, although in Ne.v Kngland the Red Cross contributed in excess of $500,000 from its own funds for the relief work. In the majority of the other CO disasters, and in all of the 22 foreign catastrophes in which the Red Cross extended aid, the money came from its own resources.

The largest item in the annual budget of the lied Cross is for its veterau relief and work for disabled ex-service and service men, upon which it expended iu this year Every man and woman asked by Judge Payne to join the Red Cross during the roll call period, to aid ia these humanitarian enterprises. Ten years after the Armistice, the American Red Cross still carries on for the world war veteran, providing comfort and entertainment for him in hospital, aiding his family where necessary, preparing and following through his claims for insurance, compensation or disability. America holds the Red Cross emblem sacred because it represents a universal helpfulness a service to all citizens without regard to race, color or creed. jar OK at -T I I Virile Styles and Colors Pajamas aren't "ander cover" S'iriPHis ar.y more these new pajama creations arc made stjlii-h for radio and lounging comfortable for sleeping. (Ircat for wear and value, too.

$1.50 to $2.50 WARM FLANNELETTE PAJAMAS, TOO SSlS'dSSSSIBSSBBBBDBiaSSlSBSBlBBMBBBBflBBBlECI ft vs. Hough, decided by our supreme court, December 20, 1915, that where the constitution makes provisions for the removal of an officer, the general assembly is without authority to prescribe any other method or mode of removal, other than the one prescribed by the constitution itself. "The constitution of South Carolina, 1895, by article 15, section 4 provides that- 'For any willful viola tion of duty or other reasonable cause, that shall not be sufficient grounds for impeachment, the gover- nor shall remove any executive or -judicial officer on the address of two-thirds of each house of the general assembly." The sheriff's office is an executive office, is so clashed undei the constitution, and the general assembly has not addressed your excellency in this matter, and therefore; your excellency is without authority to remove respondent from the ofiici of sheriff of Berkeley county, S. C. Little Drinking bv Natives.

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Select them now and enjoy them all winter. Every piece in out store Is the finest quality priced most moderately. Shuf ord LeMaster Co. "Where (Jood Furniture is Not Expensive" "For a third defense: That there very little drinking in Berkeley county, by the inhabitants thereof, and is it were not for the crowds that come there, under the -Mse of hunting narties, but -in -reality for the purpose ot getting away from home am; pitching a drunk and playing poker very little would be heard of Berkeley county whiskey, and Berkeley county would not be classed as a festering sore. Respondent believes that there is less liquor made in Berkeley county than any other county in the state.

"Respondent cannot denv that on certain occasions, he has been undei the influence of alcoholic liquor, all of which is well known to your ex JOB PRINTING OF THE FINER QUALITY EXECUTED WITH PROMPTNESS.