The Horry herald. (Conway, S.C.) 1886-1923, September 27, 1917, Image 1
j VOLUME xxxn.
COURT PROCEEDINGS
MAKE MUCH HEADWAY
v .
Number of Cases Are Disposed
Of in Record-Breaking
Time
; COURT OFFICERS AID ;
IN EXPEDITING CASES
feJudge John S. Wilson Was
? i
Here About Four Years
i Ae?
The court of General Sessions convened
here last Monday morning,
with Circuit Judge John S. Wilson
presiding, and with Solicitor L. M
Gasque and Court Stenographer, F.
J*' Covington, both on duty.
Many cases had boon continued
^?rom the last term which took ph-cc
in the busy crop season and when the
officers of the court wroe anxious
that the farmers might return as
juickly as possible to the raising of
crops in the effort to increase the
food yields of the county in time of
the war. This time there was a no.
tjceable effort on the part of ever,
officer to get the court quickly down
to the trial of cases and the promp*
and orderly conduct of the affairs of
the court in such a way as to dispose
of the most business in the shortest
possible time.
There was a short delay, however,
on the morning of the first day,
owing to tho bad weather and the
consequent slickness of the roads;
Judge Wilson and the Solicitor and a
number of attorneys having planned
to come over in automobiles. The
roads were bad and they did not arrive
here until about the middle of the
day, and the court did not convene on
^Monday until 2:30 in the afternoon.
There ia no more zealous prosecuting
officer than Solicitor Gasque of
the- 12th circuit. He was not alow to
take hold of the cases laid over from
the last term, and the greater portion
of these were quickly disposed of. He
"handed out various indictments to the
grand jury, and then proceeded wit1,
the docket.
The State vs. C. F. Powell, on several
indictments, was continued,
j The State vs. L. P. Watts and otV
cvs, \Vi two cases, WTiH also continued.
In the case of the State Vs. C1, T.
Small, charged with assault and battery,
the defendant plea led guilty and
was sentenced to pay a fine of $100.00
or to six months on the public works,
with this sentence suspended en payment
of $50.00, and good behavior.
The $50.00 was promptly paid.
Lutber Port and Will Kayc?, both
charged with violation of the game
laws which prohibit fishing on certain
d?ys of the week, came before the bar
acknowledged they were guilty
\hni\ teach was fined in the sum oj
$25.00, which was paid.
? The State vs. R. B. Alford, on ?
eharge of assault and battery with intent
to kill, was taken up on Monday
afternoon and )vas finished up on
Tuesday morning. He was charged
with cutting M. D. Stevens near Loris
Borne time ago.
The State vs. Bill Oliver, colored
tvas a charge of housbrcaking am'
larceny. He pleaded guilty and war
sentenced to the public works.
i?ic State vs. R. B. Alford was concluded
Tuesday morning, the jury returning
a verdict of guilty of assault
and battery of .a high and aggravated
nature.
i 'The State vs. Pat Jenkins was taken
up. He was charged with resisting
an officer and assault and batter/.
He pleaded guilty and was sentenced
to JIOO.UU or O months in tne gang.
The State vs. Peter Bury and Wm.
, Trarikklin on a charge of housebreaking
was tried. Defendants were color
e?l boys caught stealing from the
homes of W. B. Chestnut and A. M.
I Rabil. There was no proof as to Peter
Burg and the other defendant and
the court directed a verdict. of not
guilty.
^ The State vs. O. A. Chestnut and
Ella Harrelson on a charge of adul.
tery was called and ended in a pie* oi
guilty.
The State vs. Kinnis Jolty.wan call
ed for trial. He was charged with as
<sault and battery with intent to kill
The jury was empannelled and a par
of the witnesses for the State wer
0
Wkt
GOVERNOR FAVORS i
CROWDER'S PLAN
May Examine All Men Subject 1
to the Draft Before
Stopping.
?1*9 ^
Governor Manning last week gave
his approval to the suggestion by the
provost marshal general that all men
subject to the selective service act be
called out and examined so as to dotermine
their liability for service in
the National Army. The governor
sent a telegram to Washington informing
Provost Marshal General
Crowdcr of his views on the subject
which were called for several days
ago. ' * !. . . -f b>
The governor suggests that no attempt
be made to begin the work fo?
several weeks in order that the men
now serving on the local exemption
boards may be given rest. Governoi
Manning points out that the duties of
the boards have been arduous and
that some rest should he allowed.
Under the plan it would he necessary
to examine about 100,000 South
Carolinians.
Governor Manning also suggested
that the laws governing the draft of
men as promulgated by the provost
marshal general he modified at once
So as to simplify the work.
The governor said that the determining
of the status of each m >n
subject to draft would stabilize conditions.
A great many men are uncertain
as to what steps to take in
private life, because they do not know
when they will be called to the colors.
agedIrrymaT
has passed away
Daniel W. Oliver, an aged and
well-known citizen, of this coont;*,
died last week in Socastee at the resr?f
hia arm. TV W Oliver .Tr.'
H?. was seventy-eight years of age. |
He .was a veteran of the War Between J
'.he States, in which he "rendered.
brave and gallant service.
The funeral services took place at
Centenary Church, the services conducted
by Rev. J. E. Cook. He is survived
by his wife and a number of
children. , . . . , .
' o
Land is the best investment; it can- ,
not be stolen,?but it is easy to slip a |
mortgage over on it. !
I
sworn when the court adjourned for I
dinner. When court reconvened aftei
dinner the parties had agreed to an '
adjustment of this and several other
cases of lilyO nature growing out of'
tho aftMfe difficulty. It was shown
that dolly fenced up a portion of a
read til fried OUt hy the tjbunty and the
fence interfered with the use of his
nronertv bv Zoh Lewis, thp nrosorMi
* * v * ?' Mr
tor. Zeb Lewis gave notice to the
Jollys to move the fence and this notice
not being heeded, Zeb Lewis and
nis brothers went to tear it down.
Jelly, who was plowing in the field
.vent to his house and came with his
gun, while one of the Lewis boys got
lis gun. Jolly ran up to within about
j(? steps and shot three times, hitting
two of the Lewis brothers in the operation.
The Lewis brothers were tearng
down the fence, while the one who
got the gun shot back at Jolly twice.
By* the terms of settlement the
.cad is to be kept open, and the fence
of Jolly placed back by Lewis where
it was before it was moved so as to
take in the rofitd,
The next case cm the docket was a
charge of wife beating against Daggett
Tompkins, a young white man.
Last year, or year before, this same
?/ ? A ? A ? A 1_
ueteimant was ooiore tne court, cnarg
ed with complicity in the killing of a
man. Many will remember the trial.
It is also said that this same man at
one time was charged with bigamy,
and the case was noll-prossed owing
f to lack of proof. He was tried last
Tuesday on the charge of wife beat'
ing and was found guilty by the jury,
t His sentence was deferred by the
; court until later in the term. Among
the penalties imposed for this crime
I is the loss of the right to rote.
As the Herald went to press this
f week, the court was trying the case of
Thp State Ys. W. H. Causey, another
- charge of wife bating. The result
of this case and all others which arc
. disposed of at this present term, not
t reported in this issue, will appear
e next weke.
pOjTt
tglffit i llli' *1 -
COiRyAY, 8. O , THUBSDA-S
DI VISION OF WHITE
TROOPS AT JACKSON
Governor Manning, at Washington,
Gives Reassurance
About Cantonment
>'
TO FORM MILITIA
REGIMENT FOR STATE
Will Have Use of 600 Government
Rifles for Home Guard,
Says State's Executive.
Washington, Sept. 21.?Governoi',
Richard 1. Manning had a long conference
here today with Secretary of
War Baker, at which Gen. Bliss, acting
chief of staff, was present. Thr
Governor came to Washington because
of certain disquieting rumor,
in connection with the troops to b<
sent to the cantonment at Columbia
After the conference he mndn this
statement:
"I can say authoritatively that a
full division of white drafted men will
be sent to Camp Jackson at Columbia."
A division numbers 28,000. The
camp is not to accomodate more than
42,000 or 43,000 men in all, so that
the significance of the assurance received
by the Governor today is obvious.
Governor Manning also held a
leng conference with Provost Marshal
General Crowder with reference to
features of the draft.
To Organize Militia.
In addition to the foregoing statement,
Governor Manning gave out the
following information of interest with
regard to the militia of the State:
"I have reached the conclusion that
inasmuch, as the original militia organizations
of South Carlonia, including
the naval militia, have been draft
ed into the federal service, leaving
the State without any home protection
in case of riots, fires and &>
forth, it will be proper for me to organize
at once the unorganized militia
of the State into a regiment.
Used Only in State.
"This regiment is not to be used
beyond the State. It will be compos
el of twelve companies from differ
ent parts of the State, and I have succeeded
in procuring some GOO rifles
now in the Columbia armory for the
use of this regiment," < " .
The Governor said that he had
found each of his conferences emi1
nently satisfactory. He left for Columbia
tonight, ^
I o
i PROGRAM or THE
DEE dee union;
' The Pee Dee Union will conven*
with the Mt. Olive Church, Sept. 28
30, 1917.
11:00 a. m.?Friday?Introductory
Sermon?H. B. Roberts.
11:45 a. m.?Union Called to ordei
by Moderator with Song ai d Prayer
12:00 m.?Election of Annual Offi
ccrs.
12:45 p. m.?New or Miscellme u
Business.
1:00 p. m,?Song and Benediction.
Saturday.
9:30 a. m.?Song and Prayer Ser
vice by W. H. Holt.
11:00 a. m.?Subject: Chraacteris
tics of the True Church that Distin
guish it from other Unscriptural In
stitutions?H. B. Roberts.
10:30 a. m.?Entering: Each Da1
Without Anxiety, Useless to Pra>
Unless we Act.?J. P. Derham.
11:00 a.m.?Christ's Mission an'
Second Coming.?D. L. Hill.
11:45 a. m.?Sermon by S L Purvis
12:30 p m.?Written Report oi
Home Missions?J. T. Shelley.
12:45 p. m,?Written Report or
State Missions.?H. B. Holmes.
1:00 p. m.?Report of Committees.
Song and Benediciton.
Sunday.
11:00 a. m.?Sunday School, follow
ect witli a Sermon by E. L. Owens.
L. D. HOLT.
Committee.
Forty Percent
Left C
New army soldiers, to
resenting forty per cent 01
quired for the first increme
Conway promptly on time 1
way to join the colors at Ca
(Continue
t ?2
r. SEPTEMBER 27. fol7
U. S. ENGINEERS
HELP THE FRENCH
.
Operating Important Line Of 1
Strategic Railroads Under
Fire
TRAIN ATTACKED BY
GERMAN AIRPLANES
Bullets Fall so Fast Men Take
Refuge Under the
I
< Engine.
American Training Camp in France
J?By day and by night, men of tin
American regiment of engineerwhich
has taken over an importarv
ine of French strategic railroads, ai
hauling tons upon tons of ammunitio)
uul other supplies to the Frenc"
army units operating against th
dermans. The American regimen
.ias been turned over an a unit to th
French and is getting all its supplie
except clothing, from the Frencl
government. The officers and me;
entered upon the work with the grent
est enthusiasm, and they alread
have been under German bombs and
machine gun fire from airplanes.
Within the past few nights, :
heavy train of supplies hurrying toward
the front was attacked by several
enemy planes. None of th<
bombs came dangerously close, but
every time the fire box of the engine
was opened for stocking the planes
swooped down upon the train and
spattered it with steel-jacketed bullets
. This fife got so that eventually,
the train was stopped, the crew taking
refugo beneath the engine. Relating
their experience afterward
these trainmen rather "swanked"
over their inexperienced brothers.
YOUNG MENDREAD
; YET DO NOT HATE
- taf J
That some, if not all, of the young
men drawn under the selective draft
act of Congress, dread the idea of
going into the war with its added uncertainty
of life, goes without- saying,
yet nine tenths of them realize that
the war is a necessity for the preservation
of home and country, and notwithstanding
the dread with which
they postpone contemplated careers
in the world of work, they go willing
lv, eagerly to take part in the fray.
Those to whom the lot has fallen t<
while others are left, realize that
- it is best that many be left behind t
preserve ii&tiOJial interest while those
who return are away.
Suppose all went. To what wuv1''
the boys return when fortunate to ri
turn at all ? 1 -? R; ? ^
O ?r-i.-?
YOU ARE EXPECTED TO ATTEND
The plans for the meeting of t1'
Council of Defense for Horry Count
Saturday September the 29th, at 1:'
p. m., at the Burroughs High Schoo
have been perfected, and bids fnir '.
be of great value to those attendir*
Mr. A. V. Snell, who is in charge <
the campaign for food conscrvatio
for the State of South Carolina, \v
be there to outline that feature of ti.
' work and will no doubt dwell on ot'
er features of the Council. Mr. D. 1Coker
is making arrangements 1
have Representative of the America
Red Cross who will outline the w<>?'
for that organization to attend thi
meeting and look after that feature c
the work.
It is impossible to stress the necessity
of every one attending this mee'
ing which will be open to the publi?
You will be sure to find a line o:
work which will appeal to you and ir
the doing of which you will be performing
'your "bit" for the successfu'
ending of the war.
Quota -- :onway
on Friday
"* *' v ? . ., ., ?
the number of ninety-6eveh, rOp-,
f Horry's quota of 234 men,, rout
of the new national army; left
ast Saturday morning on their
mp Jackson, at Columbia, S. C.
d oh Pago Four.)
raid.
J. HERBERT BATE
IN NEW COMPANY
Wilmington Concern is Reorganized
In That City With
Outside Capital.
. ' ___ i
(Wilmington Dispatch.)
Announcement of the transfere of
the control of the Chadbourn Lumber
Company, located in the southern
section of the city on the Cape Fear
rives, from Mr. C. C. Chadbourn, and
its incorporation under the operating
name of the Chadbourn Bate Company,
was made yesterday afternoon
by Mr. Chadbourn, who for a lonn
time has been sole owner and man
agcr of the company,
fh? 7.0\V company has been chartered
by the State with Mr. J. H. Bate,
of New York, as president, and Mr.
C C. Chadbourn as vice president.
Mr. L. E. Woodbury continues in the
cffice of manager. The planing and
retail order establishment will receive
the personal supervision of Mr. Chadbourn,
and the lifting of other bur
dons trom his shoulders will moan
that those two department will be
better able to serve the buying public
All old men were retained by the new
company from the manager down.
Mr. Bate, president of the Company,
is comparatively a young man.
01 large means and his rise in the
lumber world has been phenomenal
Beginning as an office boy with a
New York lumber company, he worked
himself up to responsible position
with the firm employing him and
then launched out into business for
himself. Success has always attend
ed his efforts and today he is the
largest individual lumber buyer in
the ports of Wilmington and Georgetown,
S. C.
(Mr. J. H. Bate who is mentioned
in the above copied article, is interested
here in several mills, and is well
known in the lumber business in Horry
County.)
TESTIMONY TAKEN 1
ON DEFECTIVE DEED
, "t I 1
W. L. Bryan, Special Master of tli*2
Court, held a hearing at his office las'.
Thursday and took the testimony ir
relation to a suit by Burroughs & Col
lins Co., and Sam Q. Floyd vs. M .tthew
T. Floyd and others heirs at law
of Louis 11. Floyd, dee'd, for the pur
| pose of correcting an error in a deed
foi 427 acres of land dated January
81st, 1877, and made from said Louis
H. Floyd to Sam Q. Floyd, covering a
tract of smaller extent now owned l>\
Burroughs & Collins Co. The remainder
of the tract is held by the
wife of Sam Q. Floyd who convey*, d
t) her some years ago.
The claim of the plaintiffs is that
the deed was intended to convey i
' ? *
Q, Floyd the fee simple! GiHdlg
Sam Q, Floyd ami his heirs; but the
deed which prepared by a man ignorant
of the forms of law, omitted the
word heli'fl in the habendum clause, s<
that the deed on its face would appear
to convey only a life time righ*
to Sam Q. Floyd.
The heirs of Louis H. Floyd it ap
pears never laid any claim to the
!??,! ~
iciiiii uiiui nwwiu a iiiiss ut:
foct in the old deed was discovered b\
some attorneys who were investigating
the title for a- lumber company
Soon after discovering the defect i
the old title, the plaintiffs brough
action to reform the deed, and th
heirs of L. H. Floyd have decide<l t.
lay claim to the property after th'
death of S. Q. Floyd.
Evidence produced at the hcarinj
shows that $.'100.00 the consideratio
set forth in the Sam Q. Floyd dee<'
was a fair price for this land at that
time, especially as about half of it
la\ in the Lake Swamp. It was alsn
f?5;t_?hlishrvt that, the timhnr inat he
fore 1877 when the deed was made,
had been devastated by a Rtorm. It
further appears that the timbei
which was left on the land and that
which afterwards grew on it wa*
used and sold sold off by Sam Q
Floyd without any protest from any
of the heirs of L. H. Floyd and non?
from L. H. Floyd himself.
The original deed dated in 1871
from L. H. Floyd to Sam Q. Floyd ii
developed at the hearing had beei
lost, Mr., Floyd testifying that onc<
he delivered it to his attorney, thei
the late J. Monroe Johnson, of Ma.
rlon, S. C., and that he had never re
NO. 23.
BAKER REQUESTS
STILL MORE MONEY
Need Rifles and Small Arms for
Ordnance and Engineer- :
ing Service
?.... * .. i jail i f
TO EQUIP ADDITIONAL
HALF MILLION MEN
For Rifles and Small Arms Ammunition
for Target Prac- ^
tice of 2,300,000.
\ ,
I ? * -- . if^WK
Washington.?With the beginning
today of Senate hearings on the seven
billion dollar deficiency bill passed
yesterday by the House, Secretary
Baker presented estimates for additional
appropriations of $287,416,000,
principally for ordnance and the engineering
service.
"The submission of all these estimates,"
said the secretary, "is made
necessary in order to provide increas
e i facilities for the manufacture, issue
and storage of ordnance material;
foi equipment of an additional half
million men, in anticipation of a caFl
for that number; for procuiing additional
rifles and an additional supply
of small arms ammunition for machine
gun, rifle and pistol target p*-uc
tice of an army of 2,000,000; for corvstiuction
work with which the engineer
corps is charged in France, ami
for equipment of special troops operfor
equipment of special troops operating
in the theater of war in Europe."
ONE NEW NAME
ADDED TO UST
| The names of those who left for
Camp Jackson at Columbia, laat Saturday
morning, was increased by one
over those whose names were publish
led in the list several days before;
, this new name being that of Thur|
man Sparks, Mr. Sparks had f*!?<^
j claim for exemption at first on
| ground that he held a scholarship at^
I the Citadel, and was in the midst of
the course when War was (1uclUred4
! Recently he decided to withdraw the
exemption before it had been pass^l
'upon by the district board, and go off
' in the September quota. This ar'
rangement was made and he left with
the others last Saturday morning.
j.L, BELL EXCUSE!)
ON PHYSICAL UKUUNDS
Mr. J. L. Bell, the first man drawn
[in Horry County undm' the selective^^
draft, ttlW*' io Camp Jackson
with Horry's first qiiblrt tweiy?
men; was found physically unable to
[ stand the exercises required of the
soldiers in training, and was discharged
so that he returned home
i ,
: last week.
| There was another J. L. Beil
: among the drafted men as it now apI
pears and for some time the names
j were confused in the notices appcar|
ing in the daily papers.
1 WILSON WILL NOT
TALK PEACE NOW
Washington?There will he no more
discussion of peace at this time by
the United States and the entente allies
unless it is forced by a fresh ap!
peal from Pope Benedict.
This was clearly indicat d both at
the state department and by allied
, diplomats after publication of the unofficial
texts of the replies of Germany
and Austria to the papal appeal.
The Austrian note aroused
. some interest because cf its apparent
sincerity.
. turned thi9 deed to him and search
r among his papers since his death fait
? ed to diactase the document. The defective
devd was proved by placing
J in evidence the record of the instrut
ment.
\ Mr. W. L. Bryan made his report
; showing this testimony to the ccurt
1 which is in.aesaion this week, but it
- is uncertain that the. court will pass
- on the case at the present tenn.