The Horry herald. (Conway, S.C.) 1886-1923, October 05, 1922, Image 1
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VOLUME XXXVII
WOMAN'S WILES
ENTANGLED MAN
Richard C. Cook is Convicted
by a Jury /Despite the
Evidence
HAS TO ~~GIVE 1 BOND
Many Friends Prom Jordanville
Do What They Can
For Yoiinc Man
The case for non-support in whicn
R. C. Cook was tried last week, in
the court of general sessions, was of
more than the ordinary importance
and interest.
The prosecutrix was the young- and
beautiful Annie Cook, of the age of
10 years when married to R. C.
Cook in 1918, now of the age of 2t.
years, in the hey-day of her youth,
and carrying with her an infant of
tender years which she said was the
child of Cook's
R. C. Cook the defendant, is a son
of Isaac T. Cook, an industrious
farmer of Jordanville, while the wire
is a daughter of the late John
Capps and has several brothers,
John, George, and Joe, these brothers
standing behind her in pushing her
case against the husband.
Both parties were born and reared
in humble homes. The husband obtained
an education and taught in
the public schools of the county, also
engaged more or less, in farming.
The houses were not far apart.
It was in 1918 that R. C. Coo<
was drafted into the U. S. army. He
vent to France and remained away
in the service of his country for
ahout two years, coming back to
Horry and going to housekeeping in
a little house wnich he erected near
the home of his father.
The law under which he was tried
provides in effect that it is a misdemeanor
for an able bodied man,
J i i i J
witnout just cause or excuse, wo iau
to supply to his wife or minor unmarried
child, the actual necessaries
of life.
In the spring of 1918 following a
courtship of some duration, R. C.
Cook and Annie Capps were married
and in about two months Cook hau
to cro to the army. Before going he
made arrangements for his wife to
stay with his father, Isaac T. Cook.
She did not remain long there, and
alter about three months she went to
live with her parents, at the home of
her brother John Capps. She was
still there when Cook returned from
tho army about two years later.
There was no child until after R. C.
Cook came back from the service.
The State had a limited number of
witnesses in chief. There were only
two. Mr. Cook testified first and
said that Cook had lived with her
after his return until early in August
1921, when he left following the day
on which she had sworn out a warrant
for him for non-support. She
claimed that he had not supplied the
neccessities of life. The other witness
was the sheriff of the county
who told about getting Cook back in
the spring of 1922 from St. Augustine,
Fla., and explained that while
he had obtained a requisition that he
found this was not necessary and that
the defendant would come with-1
out a requisition.
The solicitor had the prosecutrix
to carry the baby to the witness
stand with her. She won the sympathy
of the jury, if not for herself,
then for the infant who of
course, could not know the consequences
of the acts of its parents.
On cross examination she admitted
having had a photograph taken in
Conway with A1 McNamara, a
crayon portrait agent, and admitted
that A1 paid for the pictures and
that he had been a visitor at her
brother's home that year while Cook
was away in the service of his country.
She denied having told Avie
Martin that McNamara had given
her ten dollars and told her to buy
herself a silk dress with the money.
She denied all of the various charges
of misconduct made in the testimony J
of a number of the witnesses for the
defense. It was at about this point
that the solicitor attempted to bring
out some letters which he said ap-l
plied in the case but they were not
admitted.
The testimony of witnesses for
the defense related to incidents while
R. C. Cook was in the army and to
things while the couple were attempting
to live together in the summer of
*1921, after the husband came back
**************************
* WAS WELL CONDUCTED $
* *
* The entire bar was highly $
* pleased last week with the con- *
J duct of the court by Albert F. $
* Woods, of the Marion bar, ap- *
* pointed to hold the criminal j
% court as special judge owing to X
* the death of Judge Moore last ?
2 summer. I
* Judge Woods, of course, could *
* not decide questions raised by *
* the attorneys for both sides, hut %
* his decisions were clear and *
founded always on good and $
sjt. sound reasoning. *
* Those with whom he could *
* not decide were obliged to re- J
spect his reasoning. *
vt *************************
?W
EVERETT LEWIS
IS COMMITTED
Various Acts of Unbalanced
Mind?Had a Criminal
Tendency
Everett Lewis was committed to the
State Hospital for the Insane last
week, having been found by two
physicians to be of unsound mind.
The unfortunate condition of Lewis
1 I _ . * ^
uu.s ueen apparent some time, several
months ago he broke into a Conway
store and took several articles. Later
he was found drunk several times and
was involved in several rows.
Last week Lewis sold his house and
lot, it is stated, for around one thousand
dollars, put the money in his
pocket after buying' a partly worn
out car, and proceeded to have a good
time. He had various kinds of passengers
in his car.
On Wednesday of last week his car
stopped in the residential section of
the town and he decided that he would
telephone to a garage or filling station
for more gas. He was chased out
of two or three different houses where
he went in without being asked to use
Iho telephone. He was arrested after
being reported by some of the poeple
who were annoyed by him in these
sections. At the time of his arrest,
a negro woman by the name of Hattie
Bessant was asleep in the rear of the
car and under the elfects of an overdose
of whiskey that she had taken.
She continued to sleep while the car
was driven to the Mayor's office and
Lewis placed in the custody of the officers
of the law. The woman was
then aroused and taken care of.
Recently Lewis began to make
threats of serious injury against his
brothers. It was the store of one of
them that he broke into some time
ago and rifled it of some goods.
All ot these things showed him to
be unbalanced and resulted in the
finding of the physicians.
CRAZY NEGRO
MAKES ATTEMP1
John Floyd, a negro man, living
near Conway in the direction of Dog
Bluff, shot at his wife and another
negro man by the name of Nell
Davis in an attempt to kill both parties.
But the would-be killer failed
to hit his wife and Nell escaped, It
is said by suddenly fallng down in
some burVies. This was on Wednesday,
September 27.
Up to the latter part of last week
this dangerous negro had not been
caught. He fled after making the
attempt and was still in hiding with
the same firearm.
He made threats against his
brother and his brother's wife, also
against a white man sayin that Tie
intended to kill all these and would
then be ready to stop.
The negro is believed to be crazy.
from the army.
The case was tried the first time
at the spring term 192'2, and the result
was a mistrial, various stories
having been told as to how the jury
stood. The defendant did not go on
the stand at either trial.
Defense.
C. G. Hardee testified to seeing
plenty of supplies in the house, that
there was a garden full of vegetables;
that the wife helped the
Capps' family in gathering a tobacco
crop and did not help her husband,
that she spent half her tlm<*
at John Capps\
H. B. Jordan swore he had seen
her in Florence, S. C. in the company
of a strange man while Cook
was in the army.
E. J. Roberts went to the home of
Frank Singleton at Christmas and
saw Annie Cook there in company
with Grier Jordan, saw ths couple
with two or three other couples
leave the house and later saw Mrs.
Cook and Jordan, alone about milnight
at the side of the public road
some distance from the house.
H. L. B. Jordan-had visited the
Capps' home and said that Annie
spent the time there in the Summet
of 1921, etc.
M. W. Martin testified to seeing
the prosecutrix and a man on the
back seat of a Ford which waft driven
by John Capps and witness was in
the front seat with John Capps.
Again h? saw her in a car at Jordanville
sitting on the back seat for
an hour or more, both occassons being
at night.
Mack Hyman saw Mrs. Cook ami
McNamara walking on a country
road in a manner that was compromising.
A vie Martin testified to a number
- r i ? e ?: i-i,?
OT IIISIUIICUH III llUhtUIIUUVb VYII11C UIC
man was off in the war. She told
of the incidents about buying a silk
dress.
W. H. Richardson testified to
the supplies at the house and that the
wife did not spend all of her time
at home.
C. N. Richardson was the last
witness as to the supplies that weir
left in the house when the parties
quit and the man left.
There were other witnesses but
were all alonj? about the same line.
The jury retired and remained out
^
ipii
CONWAY, S 0~ THURSDAY,
***************************3
*
I SENTENCE (
1 Jim Gibson and Ossie
* sentence on Saturday morni
% Attorneys for the defen
* and this was argued at lengt
* The court said that thej
He had been informed that
% munity for carrying guns.
| to impose a severe penalty
stopped. He would give th
* heavy chance.
% The court did not belie
| at heart, but each must thii
The sentence was as to
n r\ /\ r\ %-v / v ^-1 i ?? J K
jjciivacvi penning ^UUU ueimvj
* to Gibson, 9 months susper
^ on payment of $400.
It was also a condition
use of intoxicating liquors.
* The defense served not
* fixed by the court at $1,200
*
x
ADULTERY CASE
GETS PUNISHED
Daniel Blackburn and Jane
Futriil Found Guilty of
Crime
EACH TO GET SIX MONTHS
Defendants Denied Their Guilt
Under Oath, But Do So
In Vain
The State vs Daniel Blackburn and
J.anie Futriil on a charge of adultery
was tried on last Wednesday morning
with the following jury:
Ii. F. Rellnmv.
W. W. Carmichael,
C. C. McCorsley, ?
A. L. AU'ord,
S. C. Long,
D. H. Baker,
T. L. Thomas,
L. M. Hardee,
Joe H Durham,
H. L. Bellamy,
J. T. King,
L. P. Hardwick.
J. W. Rogers was sworn ,as to the
misconduct of the defendant. His
testimony was short. He did not appeal'
to know very much.
The next witness, A. M. King, told
very little about the facts at issue. He
.-.aid that the woman had admitted to
him that she was guilty of the charge
'nought against her in tlie court.
Tillman Blackburn was then sworn
for the State. He had seen the parties
together in both day and night
ime. He stated that he had talked
with Blackburn, but could'nt remember
anything that was said as it tin ned
out.
Defense.
Jane Futrill went on the stand and
denied telling the things th.ut the witness
said she had told him. Her husband
had been dead several years.
She had let Blackburn live there to
work and paid him for this work. She
denied all improper relations with
him. She said he had helped her
with the cotton crop, and on the
nights he went there he only went to
see her. Blackburn was marred and
his wife complained. She admitted
going to Mullins and Mt. Tabor to
a doctor, and also admitted that the
man had been a frequent visitor at
her home. She has three children,
and iMins n favm Sho V?n? u
three rooms and denied that there had
been any illicit relations.
Daniel Blackburn testified that
while he carried things there, the woman
had given him the money to pay
for them. He said he had spent one
night there and had sit up all night.
Next day he took her to the doctor.
She had said that she was ill. He
stated that his acts were only those
of kindness. He admitted that his
wife had been out with him about the
other woman. He denied that he had
committed the crime of adultery. He
admitted, however telling his wife he
would go to the other partie's house
whenever he got ready. He said that
his wife was always after him about
going anywhere as far* as that was
concerned. He denied that he had any
unlawful relations with the Futrill
woman.
A. M. King was recalled by the defense,
and stated that he went over
to Mrs. Futrill's to count some money.
He had gone there accompanied by
John Rogers to see if Blackburn was
there. He stated that he went in And
looked under the beds. He said that
he visited Jane as a neighbor. He
was slow about answering questions.
The jury found them both guilty
1 11 - ~
unu uiey were tfiven a sentence 01 (
six months each Jane Futrill's sentence
being: suspended pending her
pood behavior.
several hours, returned a verdict of
iruilty.
The people were intensely interested
in this case. That fact appeared
beyond dispute when the
court room was packed with speci
tators from the time the trial began
until it had been ended by tho
(Continued on Local Page.)
u jp$
OCTOBER 5, 1922
***************************
*
)F THE LAW I
*
> $
Home were called up for
n?- I
dants moved for a new trial %
;h. The motion was refused. *
7 had shot at the prosecutor.
this was a rather bad com* *
He said that it was his duty %
The lawlessness must be $
em a chance to pay, but a
r
*
ve that either man was bad $
,i, :i .. i i f ? "j*
iiv it n. uuuge 01 uravery.
Ossie Home, y months, susior
in payment of $500. A>
ided pending good behavior
that both abstain from the *
*
ice of appeal and bond was *
each. %
*
T
GIBSON GUILTY
ALSO HORNE
Shooting of Lawrence Bailey
at His Home One
Night
DEFENDANTS DENY CHARGE
Sentence Deterred on Happen
ing of Another Crime
During Court Week
The first case tried on Thursday ( f
court week was the charge of assault
against .Jim Gibson and Ossie Home,
lirniurlit Inr T II T>??; i?
v IV. All Dell IC(V?
L. B. Bailey said that on the night
of July 30th he saw Ossie Home and
Gibson coming: along". He walked up
close to a tree where weeds had grown
up and where it was easy to he concealed.
As they approached they
walked across to the other side of the
road. Home had a gun pointed as if
in action, hut not pointed at us. They
went up the road about 100 yards
talking and then came back loward
my home. When within 51 steps back
toward the house the gun fired, hut we
did not know which one of them had
fired the shot. R. A. Bailey was near
the China tree, the others nearby. He
saw the flash of the gun and something
hit the witness in the pavits. He
had had no previous trouble with Gibson
and Home. He had heard some
shots before this. In the early part
of the night, after laying down he had
heard sever.nl shots and got up and
wont to a window. Shots were to the
number of six or eight. After that l e
heard one shot. It was a short tin c
after the first shots.
O! 1 in Fowler testified next. He
told of hearing the shot as they struck
near the tree and that .Jim Gibson
came back and talked in a mumbling
manner, using bad language.
R. A. Bailey testified for the State.
He testified to hearing the shots and
explained the circumstances at length
as they existed that night. He saw
Ossie Home have a gun. He said
that Jim Gibson went by and made
various noises such as like a hog
and a rooster would make and other
noises, trying to make someone say
something. Then they walked on a
distance and again returned and the
gun was fired so that the shot hit the
U?? 'X-. A 1
? i/4v tviill ll lilt? (Itll'LIUfS WUie standing.
The witness Iluggins next took the
stand and told of hearing1 shots over
behind L. B. Bailey's place and went
I out and later heard one shot.
Will Fowler testified he heard the
shots and saw two men pass Mr. Bailey's
home?two good-sized men. As
he started to go home, a gun was
fired back toward Bailey's house. The
moon was shining that night he said.
Defense.
Jim Gibson testified in his own hehalf,
saying that he had gone to the
home of Mrs. M. A. Home with
Aubrey Home and said that they had
better go by the Bailey place and explain
so that Bailey would not indict
them for the shooting, that someone
else had done that night. He was not
at Bailey's place when the shooting
was done, but was at Hay's on his
way home and had heard two more
shots after that. He had left home,
going up toward the tobacco barn.
Mrs.F. W. Grainger, sister of Os^ie
Home, testified that she had heard
shots before leaving home that night
and that Ossie and Mace Home were
* 1 i i t ' 1
ai ner motners nome wnen me snow
wore fired.
Ossie Home was sworn in his own
behalf. He denied that he did the
shooting. He stated he had gone up
to Jim Gibson's that night and both
of them went to Hay's home. While
at the Hay's home he said he had
heard some shooting.
Mrs. M. A. Home, Ossio Home's
mother, was called next as a witness
for the defense She said that just
before the shot was fired Ossie and
Mace Home were near her and could
not have beeen implicated in the affair
as charged. She stated that none
of them had guns that night.
J. Lyde Huggins was recalled as a
witness for the defense. He said
t
raid.
WOMAN CHARGES
CRIMINAL ACTS
Torn Brown is Taken at Mullins
for Alleged
Crime
Tom Brown, young man of Mulling
S. C., was arrested there last
Thursday charged with the serious
crime of attempt at criminal assault
upon a young woman of Horry Count>
on Tuesday, September 20.
no was lodged in jail and remained
there until Friday when application
f'?i bail was made before Judge
Woods and granted. F. A. Thompson
of Mull ins, appeared for the delendant.
Several accounts of the crime
were related by parties from the Aynor
section where it is alleged the
a/l was committed.
The substance of these were that
tlu- young lady went riding with the
('ofemlant. They drove oft' in ap
parent good humor just as any othei
young couple would do. That their
amicable relations did not continue
is accounted for by the fact that the
defendant did not leturn the g.ri jo
her home.
The ruial policeman said that
Brown s-'aid he had turned ttie
woman over to another man to take
her homo.
It was related that she was bruised
about the left shoulder and the left
hip after returning from the drive.
There was a story going the rounds
.<? the effect that she had Jumped
from the car and fell causing the injuries
mentioned. It would appear
that no complaint was made immt'diatelv
after the return from this
ride. Later upon the father finding
(?ut something about it, she told the
story upon which the warrant whm
based.
Tom Brown is a son of Kelly
Brown, formerly of Galivant's Ferry,
now of the Mullins section.
On Friday the brothers of the defendant
came over with F. A. Thornu
son, an attorney of Mullins, S. C.,
and helped in arranging the bail for
Brovn.
OLD NEGRO IS
NOT GUILTY
The State vs Walker Bryant, an old
negro charged with violation of the
prohibition law was called up and
tried on Friday morning.
Henry Evans said that ho saw Bryant
with something in a jar and he
divided this with him and lie did not
know what it w.as, but that it looked
white, lie swallowed it but could not
toll what it tasked like. Walker was
there lie said. It was in a buggy.
Uc said Walker had drank some of it
He stated that Walker was a lvird
working man. Ho did not think this
was poison at all.
Coy Causov saw Henry Evans take
a drink out of fruit jar from the buggy
<>f tlio defendant. H. L. Bellamy
tatcd that he saw the defendant with
a fruit iar about the saw mill. He
appeared drunk.
Leon Bellamy saw the negro have
:\ jar in his buggy. The jar appeared
to have something in it.
Hvson Bellamy saw the negro
drink out of ,a fruit jar with Henry
Evans.
T. II. Stevens testified in behalf of
ho negro about a fruit jar of molasses
to use with other rations while
bringing off a raft of logs.
The defendant told the same thing
concerning the fruit jar. According
to his statement the fruit jar contained
nothing but sweetened water made
fivun ;i rotYinnnt nf tlio v!!i mo
ses he had gotten from Mr. Stevens.
The jury found the old negro not
guilty.
o
SOME MINOR CASES
The State vs W. P. Hard wick was
continued.
The State vs H. G. Tisdale was continued.
The State vs Burt Sarvis and Mace
Home, rule to show cause was con
tinued and referred back to the magistrate's
court.
The State vs D. M. Todd was con
tinued.
The State vs W. R. Gainis was con
tinued.
The State vs Henry Alford and San
Cooper was continued.
The State vs Will Burnett, charged
with disposing of property under lie'
was tried on Thursday morning a u
resulted in a directed verdict foi the
defendant.
that Hays is il' and could not comc
to testify in the case. This was ad
mitted by the State. It was also ad
mitted that the Hays people had been
summoned to come and testify.
The case resulted in a verdict of
guilty of assault of a high and aggravated
oat u re.
Before the sentence was imposed
the news came to Conway that Law
ence Bailey had been shot in hi*
home upon his arrival back there or
the evening of the day of the trial,
and this fact caused the placing or
the sentence to be further postponed
pending the investigation made by officials
to track out the assassin with
blood hounds.
The sentence will appear elsewhere
in these columns.
N0724
GRAND JURY
ON THE JOB
Handles Many Important
Things in Its Final
Presentment
TEACHER SALARY DEFICIT
New County Government Act
Is Ineffective in Opinion
of The Grand Jury
The ffrand jury of this county
handles many important things, io
an important way, by means of their
imal presentment, which was recoived
by the court and publicly readon
Thursday of court week.
The report charges the delegation
with the matter of providing, or trying
to provide at the next session,
for the big shortage in money to
pay the school teachers.
It takes up the new county government
act which is to go into effect
next January and recommends
v.w.w u.e act oe repealed. The old
lan as n nv carried out is much the
better way as they see it.
They call attention co the lack of
enforcement of the compulsory schooi
attendance laws.
They call attention to the neglect
of road work in some sections of the
county.
Attention is directed to the shortage
of ex-treasurer W. L. Bellamy
that no action has been taken to collect
from the bond.
They call attention to the apparent
neglect of some of the magistrates
to administer the law as it
should be.
They endorse the establishment of
a county court under the new act
that Nvas reviewed in the Horry Herald
recently and which will l>e republished
before time to vote.
Many other matters are considered
as will be found from the reading
of the report in full:
COURT OF GENERAL SESSIONS.
September Term, 1922.
STATE OF SOUTH CAEOIJN.A,
COUNTY OF HORRY.
To his Honor Albert F. Woods Presiding
Judge:
The Grand Jury herewith makes ta
you its final report for the September
term of this Court, and for it*
term of office.
Recom mendations.
1. We have passed upon all bills
and indictments handed to us by the
solicitor, and have returned them t?j
the Court with our findings.
2. Our standing committees have
made oral reports to the Grand Jury,
and we have used their information
and investigation in compiling this
fnal report.
3. The following resolution has
been adopted by the Grand Jury:
WHEREAS the State of South
Carolina through its legislators
. ... .ceu ^ v . i y school district
conforming to certain requirements
a seven months term of school, and
WHEREAS, ihc districts of thl.*
county, relying on said guarantee
employed properly certificated teachers
kept up averages, and other rei
iiuirements as prescribed by said
I Statute, for the term of seven
months, complying in every respect
with the terms of the law; and
WHEREAS, the school districts
are now behind in Uie sum of approximately
$11,000.00 on teacheri
salaries, the districts having performed
their part, but the State Legislature
having failed to supply the
money according to promise under
said statute guaranteeing seven
months terms as aforesaid:
BE IT RESOLVED that the members
of the Grand Jury put themselves
on record as favoring speeia*
effort on the part of the Horry Delegation
to the General Assembly to
see that this teacher's salaries deficit
is called to the attention of the
next session of the Legislature, and
that they do urge an appropriation
sufficient to liquidate same."
4. A special committee was appointed
at the summer term of court
to investigate and report upon the
administration and execution of the
Compulsory School law in this
county. From this committee's hv
vestigation it appears that the magistrates
of the county have not
familiarized themselves with thei*
duties under this law, and consequently
have to a very great ex
tent neglected their duties. It
seems that the fault cannot be laid
(Continued on Editorial Page)
APPEAL CONTINUED *
X *
% The appeal of H. D. Franks $
* X
ju from the Magistrate's Court X
X was dismissed in the court last *
* * *
* week. He claimed that he did *
* not have time to prepare for his ^
^ trial. The testimony appeared *
Jj to make him guilty in the view *
J oi the court. $
* The case arose out of an at- 5
j fair between Franks and J. C. *
c Webb, while they were running X
* a saw mill here some time ago. *
* The defendant felt that he x
* did not get a fair showing in ?
j the Magistrate Court, *