The Horry herald. (Conway, S.C.) 1886-1923, October 12, 1922, Image 1

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VOLUME XXXVII CASE ROSTER I IS LONG ONE Court Held by Columbia At- ! torney In Place of Judge - Moore I BEGINS OCTOBER 3 - Lawyers of Oonway Meet and ' I Arrange Long List of rioi1?An IwwuOCD The Conway bar held a meeting last week and went over the dockets of the Court of Common Pleas, arranging a roster of the cases to be tried by the approaching term of the court convening on Monday, October 23rd, 1922. As The Herald is informed this term of the court would have been held by Judge Moore had he lived. He was among the most, distinguished of the circuit judges of this State, and he died several months ago, to the regret of all the members of the profession who knew him. The death of Judge Moore made it necessary to appoint a special judge to take his place in the holding of the fall terms of the Courts of General Sessions and Common Pleas. The 'criminal term came ofT recently and I A. P. Woods, of the Marion bar, was assigned to hold that term. This term of the Court of Common Pleas j "will be held by W. C. McLain, of Columbia. Mr. McLain is well known as a lawyer of ability and general pracI tice. He will no doubt make an imI pression on the attorneys of the ConI way har, and also upon attorneys of I Marion, who will be here engaged in I the trial of a number of important I cases. I This list for trial contains nearly I fifty of the cases now pending on the docket. There are three times that many on the docket. The Herald mentions this fact in order to inform the public of the condition of affairs in regard to the prompt trial of cases at Conway. The dockets are badly congested. There will not be any change until more courts are provided for the disposition of trials. The county court which will be voted on in the general election would afford the needed relief. If the people do not vote the county court in, then it will be necessary to provide lomrer terms- of the Court of Comcom Pleas, else provide for extra terms of Hvit court so that the cases may be tried and disposed of. The list of causes for trial beginning on October 23rd, follows: MONDAY, OCTOBER 23, 1022 No. 1. C. Stanley Barnhill vs. Kinma C. Barnhill; E. S: C- l?;ikcvH for plaintiff; H. H. Woodward for defendant. I ?2 No. f>. Boyd Ford vs. II. F. H "Williams; Scarborouh and Page for l^laintiff; Harrelson & Harrelson and H. H. Woodward for defendant. ?3? No. f>. Roscoe Thompson vs. W. P. Smith; L. AT. Gasque for plainH tiff; Hoyt McMillan for defendant. . ?4? H "Mm 7 J M Hmvlu/iVL' ue Trovlpr Lumber Co.; M. C. Woods and H. H Woodward for plaintiff; R. B. Scarborough, Cordie Page and W. F Stackhouse for defendant. ?5? No. 9. Jno. M. Butler vs. W. S. Cox, et al.; H. H. Woodward for plaintiff; Cordie Page for defendant. ?6? No. 10. Campbell and Reid vs. A. P. Johnson; H. H. Woodward for plaintiff; Cordie Page for defendant. ?7? No. 15. W. D. Bethea vs. J. A. I^ewis, sheriff; M. A. Wright, Gibson & Muller, Sherwood & McMillan for Plaintiff; H. H. Woodward for Defendant. No. 16. Cannon-Hickman Co. vs. G. W. Graham; H. H. Woodward for > plaintiff; L. B. Singleton for defendant. ?-9 '1 No. 17. Rufus M. Dyson vs. E. M. Graham; H. H. Woodward and Henry Buck for plaintiff; Sherwood & McMillan for defendant. ?10? 5 RRV Aifiu nnv cppi i " i - "7 J % The long dry period was jl j? broken some days ago when f J showers began to fall. The ij J showers continued from day to J 5 day and were heaviest last Mon*. day night. The dryness of Hor- Ji % ry County was thoroughly brok- ^ 5 en so far as could be learned as J to the extent of the rain fall. f From every part of Horry I County came reports of great ! success in gathering hay and J" ; grain during the dry period. % ][ Some planters finished gather- % ing, with the exception of sweet I potatoes, before the rains comJ" wenced. I" I The dryness lasted until road ? Ji beds in every direction had a ^ thick covering of the finest ' ? i JI dust. I "bVWiAWVA/VVW (Dt t BLACKS CURSE AT WHITE MAN Brings on Cutting Affray at Oak Grove Negro Church A cutting affray between whites and blacks, over in the section of Conway township, lying between Hickory Grove church and the Price estate, took place on Friday evening of court week. Drew Graham, a son of Boss Graham, near Reaves Ferry, with two or three companions drove up to Oak Grove church, a negro house of worship where negroes congregate in large numbers while their religious services are going on, as they were at this time. The object of the visit to the church was only to look on at the services and see the shouting negroes which it is said was taking place in connection with the protracted meetiir;^. While the car was stund'.nrc near the church, a negro by the name of "Big-Eye Woodard," cursed Drew u - 1 - ? vji caiitiiu, ur cursea at someoociy, arc! when the white man asked him who he had intended the remarks for, he replied that he had intended it for him or for anybody who heard it, etc. This, it appears started the racket. In the course of the conflict the negro was badly cut about the mouth, a knife blade having caught in the corner of the mouth and slit that member almost to the ear. The car was being1 driven bv Proctor, a cousin of Drew Graham. A* soon as this cutting had taken place in the encounter between Woodard and Drew Graham, other negroes gathered up and intended to mob the party of white men. Drew Graham got back into the car and Proctor Graham tried to run it o.it of Ihe yard. A crowd of negroes took hold of the car and stuck the ends of poles or sticks between the spokes, and laid logs ahead of the car. As the car was about to be started the negroes holding it held it back. Then the driver threw the car into reverse and went hack - over several blacks, bumped over the logs that had been placed in the way and thus got away. During the time while the car was being extricated from the obstacles placed in the way of it, one of the negroes slipped up to the car and struck Drew Graham a terrible blow on the side ,of the face. It did not break any bones, but Graham had a bad looking eye for several days. On Saturday a crowd of these negroes rttended at the office of Magistrate Chestnut and took out warrants for the white men. Bond was 'arranger! for their appearance at the court . If the white boys went to this church for any reason except a peaceful one, the fact has not yet appear ed. In some sections of the county it is usual for the whites to attend the negro protracted meetings of the blacks. They go, of course in small numbers, to hear the singing which is usually very interesting and sometimes to look on at the antics of those who shout while they sing. It would appear that some of the negroes objected to the presence of the whites at the meeting and the profane language in reference to them and this brought on the difficulty. No. 22 R. W. Smith vs. W. Boyd Jones; Sherwood & McMillan for plaintiff; H. H. Woodward for defendant. ?11? No. 24. L. L. Johnson vs. Waterman Cook; M. A. Wright and R. i>. Scarborough for plaintiff; Sherwoo & McMillan for defendant. TUESDAY, OCTOBER 24, 1922 ?12? No. 26. H. Barnes vs. C. M. TJYinvrkC* It! S r Rfilrnv anrl W IT Stackhouse for plaintiff; R. B. Scarborough and Sherwood & McMillan for defendant. ?13? No. 27. E. H. Hardwick vs. H. C. Trexler, et al.; M. C. Woods and H H. Woodward for plaintiff; R. B. Scarborough, Cordie Page and W. F. Stackhouse for defendant. ?14? No. 28. T. M. Hardwick vs. Trexler Lumber Co.; M. C. Woods and H. H. Woodward for plaintiff; R. B. Scarborugh, Cordie Page and W. F. Stackhouse for defendent. ?15? No. 29. J. B. Hardwick vs. Trexler Lumber Co.; M. C. ;Woods and H H. Woodward for plaintiff; R. 13. Scarborough, Cordie Page and W. F. Stackhouse for defendant. ?16? No. 30 O. B. Hardwick vs. Trexler Lumber Co.; M. C. Woods and H. m. woodward for piaintm; K. 15 Scarborough, Cordie Page and W. F. Stackhouse for defendant. ?17? No. 31 Farmers and Merchants Bank vs. J. T. Mills; W. F. Stackhouse for plaintiff; Sherwood & McMillan for defendant. I WEDNESDAY, OCTOBER 25, 1922 ?18? No. 33. E. L. Mace vs. Cordie Barnhill, administrator; W. F. jpiii CONWAY, S. C , THURSDAY," AVAWdW.WAV.W.VAWW ? SEEDS TO T! 5 o?? ... .Advertising is an in> in the same proportion to its harvest. And it is just as [ % sider publicity as an expense to hesitate over purchasing* i J that he could profitably inc I it by Herbert Kaufi V.W.V.NWAV.V.'.V.V.V.W FARMER LOSES I WORK ANIMAL * When Marion Dusenbury, a young farmer of Bucks township, went to his j stalls last Thursday morning, he | found his mule and buggy gone. The animal together with the buggy and j harness had been t.aken out of the ' stall some time in the night and driven away. He could find no clue to the criminal. Under the laws of \this State there is a severe pepalty for stealing livestock, also a severe penalty is provided for the taking of a horse or mule out of the stall and driving it off without the owner's consent. Dusenbury applied to the authorities. He enlisted the aid of the county sheriff. Later in the day there was a tele, phone message from Homewood to the effect that a mule hitched to a buggy had been found wandering about in a field near that place. This proved to be the lost property. J Before leaving the mule the thief had removed a part of the gear. It is believed that the criminal took the mule and buggy and drove it off in order to reach the train at Homewood, instead of taking the train at the depot at Conway. That it was done by some man who was running away from some other crime seems without any doubt. Investigation will be made to find out if some crime was not committed in Bucks township during the night of last Wednesday, or possibly in the daytime of that day. rondinH TARR 1 Jix AA ^ v/l Ji JL^a IS CONTINUED The matter of the bond of Mrs. Mar.v A. Lewis Webb, guardian of the six minor children of W. R. Lewis, was continued last court, on the motion of L. M. Gasque, one of the attorneys for Mrs. Webb. The pending- matter is a petition filed by the National Surety Company asking to be relieved from the bond. A summons was served on Mrs. Webb from the Probate Court requiring her to furnish another surety for the bond. The solicitor was busy in holding the Courts of General Sessions in the various counties of the district and the healing has been postponed until after he gets through with the circuit criminal business. % Stackhouse for plaintiff; Sherwood & McMillan for defendants. ?19? No. 35. G. J. Holliday vs. S. J. Rogers; H. H. Woodward for plaintiff; S. C. Dusenbury for defendant. ?20? No. 36. J. S. Clough vs. John R. Stephenson; H. H. Woodward for plaintiff; E. S. C. Baker for defendant. ?21? No. 38. J. W. Little & Co. vs. Veneer Mfer. Co.: Sherwood & Mc- I Millan for plaintiff; H. H. Woodward for defendant. ?22? No. 39. Enterprise Brick Co. vs. S. J. Rogers; H. H. Woodward for plaintiff; S. C. Dusenbury for defendant. ?23? No. 40. Johnson Paint Co. vs. J. J. Goff; H. H. Woodward for plaintiff; E. S. C. Baker for defendant. ?24? No. 42. Kelly Tompkins vs. C. Stanly llabon; E. S. C. Baker for olaintiff; S. C. Dusenbury for defendant. THURSDAY, OCTOBER 26, 1922. ?25? No. 43. O. J. Bell vs. Isaac Causey; Sherwood & McMillan for plaintiff; H. H. Woodward for defendant. ?26? No. 44 J. L. Bell vs. S. G. Gore; Sherwood & McMillan for plaintiff; H. H. Woodward for defendant. ?27? No. 45. Metropolitan Discount Co vs. W. M. Mishoe; H. H. Woodward for plaintiff. * ?28? No. 46. Baugh & Sons Co. vs. G. W. Graham, et al.; H. H. Wood ward for plaintiff; E. S. C. Baker for defendant. ?29? No. 49. Wm. Page vs. J. B. McCutcheon; Cordie Page for plaintiff; T. B. Lewis for defendant ?30? No. 50. H. L. Marlow vs. Conway Iron Works; R, B. Scarborough and (Continued on Back Page.) # p THURSDAY, OCT. 12, 192 AViV.W.W.W.V.W.V.WA' -\E HARVEST 5 ? s vestment the cost of which is > returns as seeds are to the ? >reposterous for you to coni, as it would be for a farmer ^ i fertilizer, if he discovered Ij urease his crops by employing ; nan. < *4 MVAV.V.W.V.V.WiW.V.V riAT T/^I^ A /^m??Tl^ ruutt \ i II v Cj NEAR CHURCH J. K. King, rural policeman, made a whiskey raid on the night of Sunday, October 1st, 1922, in the neighborhood of New-homo church. The result was the capture of two illicit stills that had evidently been running for some time. The officers found one of the stills about one o'clock. This still was not then in operation and the plan was to leave it until later, while looking further in the same territory for other stills. On Monday morning, about daybreak, the officer discovered the other still. As the officer approached two men who were unknown to the policeman were seen going from the plant. This second still was not in operation. The indications were, however, that the men seen going away from the direction of it had intended to get it ready for working. There was found near this second still ten barrels and kegs full of sour mash, already fermented and ready to put in the still. As the officer could not identify the men seen going away from the location, no arrests were made. Before leaving there both stills were cut up and destroyed by the officer. TOWN MAY GET GREATER POWER The Conway Chamber of Commerce has taken up with Mr. T. G. Williams, manager of the Columbia Railway and Navigation Company, the matter of running a power line in to this county from the large electric pU.nt which that company evidently intends to erect on the Santee River. Tts plant, when established, will be capable of furnishing electric current to the load of any industry that might bo established either here or at any of the various other points in tho county, such as Loris, Galivant's Ferry. Avnor. Little River, or Myrtle Beach The letter from the chamber of commerce explains fully tho possibilities that are to bo found here in tho matter of the establishment of manufacturing companies, and the use of electric current to foster the growth and establishment of other plants besides those we have at this time. The chamber assures Mr. Williams of enthusiastic support from the business interests of Conway. H states that for the present there might not l>e a large local demand for current, but goes on and explains how this may be developed. It states further that the Quattlebaum Light and Ice Company has a capacity of about 300 horsepower, and that it is already carrying a heavy load. This shows the idea of a bigger and larger development here than has so far been attained. Tt is understood from reports recently made that Mr. Williams is seriously considering connecting Horry County by the running of a line from his large plant. The public will await further news about this important matter. NEW MAIL MAN NOW ON ROUTE From Marion to Conway Six Times Every Week Since October 1st. The taking of the United States mails over a new route from Marion to Conway, six trips a week, has made it possible to get quicker communication by mail between people here and other parts of the country. The contract for carrying the mail on this new route was let by the government some time ago to Herman K Wilson, of Burgess, S. C., he beinp t l-i Inwojf Kirlrlor fr\v tlio U'Avlf llf flir I I I v I\? *? 1/mvivi i VI VIIV ?? Vt ? *- V VIIV sum of $2,400.00 per annum. Mr. Wilson began the service or October 1st, and has been making six round trips a week ever since. The route takes in Rains, G.ulivants Ferry Aynor, Cool Spring and Conway. The contract covers service to begin or October 1st, 1922, and end on June 30th, 1924. Patrons along the route are entitlec to box delivery and collection service along the entire route. The total mileage made on the route one way is thirty-five miles. The carrier leaves Marion daily ex cept Sundays, on receipt of mail fron train elue at 9:42 a. m., but no' lat<y than 11 o'clock a. m. The mail arrives at Conway in three hours. Ii leaves Conway daily, except Sundays rultl, 2 WHISKEY CASE TAKES TURN Warrant Against W. A. Martin Is Being Pushed by the i Police In the Court of General Sessions here week before last an old negro, Jack Vereen, was up before the court under a charge of stilling whiskey in Dogwood Neck township. The offense was held over ever since about the spring of 1022, ,and was called for trial Saturday morning, the last day V/ I vi IC V'UI I . Upon the call of the case the attorney for the negro made a motion for continuance, not upon any legal ground as was held by the nidge, hut upon grounds of public policy to the elTect that others higher up than Jack had been involved in the stilling in question, and that they had used the negro as a cut's paw to take the blame from their own shoulders. The solicitor contended for a trial. The judge decided in his favor for the reason that the old negro could not produce any legal reason why he should not be brought to trial there and then. The case was ordered to proceed, and a few of tlie jurymen who would try the case had been drawn from the I box and had taken their seats in the panel. It was then that the solicitor conferred with the court and it was finally announced that as a continuance of this case might result in the arrest and conviction of others for the same offense, that it was best to continue. the case, and this was accordingly done. Since the court was adjourned there have been other steps taken in the matter. Interesting developmnts took place last week. The still which figures in this case was found to be in illegal operation on two different occasions. The first time it was located on land of W. A. Martin, and this last time when the old negro became involved, on land supposed to belong to the Myrtle Beach Farms Company, or Burroughs and Collins Company, not far from the place which is at this time occupied by W. A. Martin, a white man. When D. Frank Bellamy, the rural policeman wno arrested vereen, went borne from the court, he at once took steps to have the warrant which had been taken out for Martin several months ago, executed, but Martin claimed to be ill and was not moved from his house to meet the trial which was set to take place on Tuesday of last week at the home of George Ressant, in the Dogwood Neck township. At the trial it was stated that Martin was ill. Martin had sent word that copies of the affidavits of witnesses might be made and shown to him later. The witnesses against M/irtin, however., announced that they would prefer to have Martin present i o hear what they had to say against him, and the court put the case off until October 20th, when it is expected the investigation before the magistrate court will be held. There was another development last week in regard to the matter ;ind this concerns a steel barrel of some oil company which was once, and still is claimed to be, the property of W. C. Reaves and Son, of Reaves' Ferrv. This barrel was the one used in making the still, first and last times that the still was found in operation, according* to reports. There was some doubt about what barrel had been used in the still until last week W. C. Reaves got the barrel back and upon comparing the number of this barrel found that it corresponded with the number on the books of the firm. At last accounts it was reported that the barrel had been reclaimed by Reaves and Son. and it was also said that a warrant might be sworn out against W. A. Martin for larceny of the barrel. The matter of proof of the ownership and taking of the barrel concerns the tales that will be told by witnesses who will testify to conversations with W. A. Martin in the course of which Martin said that he had taken this barrel from the shed of Reaves and Son. W. C. Reaves remembers the time that he missed this barrel from his place, and the time corresponds with the time stated by witnesses as having been related by Martin as the time of his getting the barrel. at 3:00 p. m., and arrives at Marion at fi:00 p. m. A motor vehicle must be used whenever road and weather conditions " will permit. The service to be rendered on this route is not yet furnished by reason of 1 the fact that the departmnt at last : accounts had not furnished the post4 master with full and complete details . ?? to mnkincr un the Douches for the J carrier. * There is a better service that can J he rendered for some of the subscribers of The Horry Herald as soon as I the postoffice here has been fully in3 structed by the department. ; There are many people involved in law suits in this county and are com polled to remain involved for the rea> <on tlvit the cases cannot be tried for hu k of time in the Court of Common - P'eas. The county court appears to be { the best remedy for this condition of , affairs. NO. 25 COOK WEATHERNOT YET FAIR First Attempt at Interview Results in Refusal by Wife HUSBAND RE-MAKING HOME Generally Understood to be Duty of Wife to Live in Husband's Home Here at the court last week. whe? rjinti-ii'il P ? ' ' * vyyu was convicted oy tft? iury of non-support of his wife, on .ho testimony such as was reported in the last, issue of The Horry Hera ho Rev M. W. Gordon who was afe the court house at the time, made a? attempt to bring about a reconcilialion between the parties, if this couM be done without injury to the conscience. Others thought th/it perhaps there might be a reconciliation when the sentence of six months at hard labor was imposed bv the court several days after the verdict of guilty had been found. The law, under which the defendant was tried provides that in case ho defendant gives a bond, with one or more sureties approved by the clerk of the court to maintain and support his wife, that the sentence imposed shall not be served until the condition of the bond shall be broken. The defendant could have gone on and served the sentence. Many of his friends frankly said that were they in his place they would do that and refuse to comply with any such bond, or to give such a bond in the first place. Rut the defendant considered this a while and said that he would give the bond to support the woman. The bond was prepared and on this the clerk of the court accepted* Isaac T. Cook, the father of the defendant, and H. L. R. Jordan, as sureties, or bail. Then the defendant went to the home of his father. After he had been home a while he decided to try to obt.ain an interview with the prosecutrix. He did not feel like going to the home of John Capps, where Mrs. Cook has been living ever since about the time that she swore out this war rant for her husband in August of 1921. To the end that we might see her and make arrangement* to supply her with Ihe necessities of life in accordance with the bond and the legal meaning of those terms, he sent a friend to interview his wife at the home of John Gapps. At first the wife said that she would see her husband out by the road if he would meet her there. The messenger started to tro back and deliver the substance of this proposition, but she called the messenger back and refused to hava any interview with her husbnnd whatever. The messenger said that after ho turned to go back and tell the huslvnd that his wife would meet him and they could talk over their affairs, hat he had good reason to believe that the wife conferred with one of her brothers and decided, or may have boon advired to refuse this interview. In the meantime the husband was refit4 ing the little home near that of his father's, making it ready to set I up the keeping of home once again. He went ahead procuring and moving furniture and getting the supplies on which they might live. At last accounts it was understood that he would make another effort to get her to come back to the home that has remained deserted so long and bring with her the little baby that cut such a figure in the court room recently. What the result of these negotiations will be remains to be told. It is the general opinion among men that a wife must reside where her husband says, rather than with her relatives, other things being equal or at least in keeping w ith the tion and station in life ot the wire. ir the wife refuses to reside in the home of the husband he cannot he expected to furnish her with the maintenance and support that the law contemplates. This living together, under some circumstances might be the very essence of punishment, worse than death, and this is one fact that pei^ haps is overlooked in some of these cases for non-support. .V.V.V.VV.VAW.V.V.V.W ? WILL TRY CASES J Elsewhere in this issue ap- jt % pears a list of forty-nine cases 5 J to be tried in the Court of Com- WJ mon Pleas at the fall term, % .* convening here on Monday, 3* October 23rd, and lasting one i % week. S J The presiding judge will bo Mr. W. C. McLain, a prominent JW I* attornev of the Columbia bar. ? He was appointed to take the ? V place of Judge Moore, who ^ would have held the court had ? % he lived. 4 There is but one week to dis J pose of all of the forty-nine \ cases. This number is about } | one-third of the cases actually ? i % on the dockets at this time. > , mm Some of the cases listed will S ? ! evidently take up much time. ^ wwwwvwwwwwy^