The Horry herald. (Conway, S.C.) 1886-1923, March 08, 1923, Image 1

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I I I 1 j)LPME xxxvn "EN WHO RAN | DOWN TEACHER 1 ' ,-e Tried For Their Conduct in The Court . _r J:N ARE IDENTIFIED Lypened On Road a*, Ml. i Olive School in OcU tober 102.2 in Monday the case of the State Jinst Dagget Fowler,x Jim Cooper L. L. Graingef was called for jl. The charges against them was jiult and battery with intent to Iijhe allegation against all three was on October 9th, 1922, this crime .(' committed upon Miss Thelma JVing, one of the Mt. Olive school f'hers. in Plovds fcnwnshin. hv run I horse and wagon over and ups young: lady named in the innt. Thelma Derring was sworn, ated that she lived at Mt. Olive teaching in that. school. She ?t know the defendants. On r 9th, 1922, she was coming ichool with other teachers and n. Some one was approaching horse and wagon and the wheel witness and she was knocked The men, she remembered vere two, went on laughing, ated she would not know the ^lin. The road was a good wide nd she said she was on the outthe ruts and the wagon tumthe width of the wagon to and they turned at once bapk t e road. She went on to her ig place, Mr. Dan Avres. Three fter that who/ s/jid they were , Grainger and Cooper came her qbout the matter. The dets stood up and she identified te. They wanted to make it up, that they were intoxicated at ross examination she stated e had not been seriously hurt. \ not recall seeing a man as s the defendant Fowler in the oi-- 11 ?i x. I ii.^ In. one recuueu iwo uuys m uic Si. One of the two boys was lg the wagon. She stated she lever had any trouble with any , defendants before this incident. *ou!d not say who w.ns driving, jr. only Fowler who said they had Urinking. He was sitting by tho | and spoke of "we." Fowler did Ipally all of the talking. Fowler Raid he did not remember anyKabout it at the time of the acBt He asserted the wagon had B out of the ruts ,at least 25 or Eds behind her. h Gertrude Avres was sworn, Rr of the teachers at the Mt. ischool. Witness said she was Rliss Derring. Others were Rt As they passed along the Stalking well out of the rond, P- saw the wagon would strike li orrlntr crvnlitind Miac Fini' |v?4 & ^ i inn w/T.I. ran effort to get her out of the id the wagon struck her. She ; notice the faces. The wapron ck in the road and they went thing. iross examination she said she two boy? in the wagon and h they were neighborhood bovs. 3 not recoj^nize their faces. J not know which of the boys ttving. She did not remember [* the boys were seated in the | or down\on their faces. All fuphinpr as she he^rd them. She E TV 1 U^i-U ,?A11 Z.1,4 i/erring wcic uuvn **cu uui ^^Hroad. Edna Slice, another teacher, ^^Hled. She was teaching at Mt. ^^whool. She was ahead of the B> was injured. She heard ^^Herring scream. The wagon er passing her and carried ^Kn. The two boys were laugh^^Bhey said' nothing. She stated Mm had seen the three men since. not talked with any of them ^^Ben. She was busy trying to children out of the road. She wagon was being driven in a Hmanner. ^^H>ss examination she stated she ^^Kfeet of a man sticking out of of the wagon body. She did any directions being given ^^^ nan who was lying down in ^^^Kon. She did not notice that lying down was laughing. ^^Hsallie Fisher, the principal of ^^Bol at Mt Olive next testified. she was walking with Miss ^^^ he was ahead. She heard coming and the talking and She was kept busy getting ^^Hlren out of the way. The ^^Htras being driven fqst and and was out of the ruts ^^^^y passed witness. She did any of the men. They did ^^^ nything to her. She saw two up in the wagon and antinned On Back Page., ^Kv.v.v.vav.v.v.'.v.v % WATER HAUL IN FIRST CASE i I Two Negroes Get Off Very ; Easy in A Trial The State vs. R. C. Hemmingway and Harriet Vareen was a charge of adultery?not in high life, but cut in the sticks among the members of the colored race mi s ? i_i J i - 1 me cnine was taiu as naving oeen committed on or about September 4th, 1922. The jury was "quickly empanelled and the case went through in an expeditious manner, being the first one tried before the jury at the present term. Manie Livingston, a young negro, was sworn by the State. He knew both of the defendants, but thought that Wampee was in North Caro- , Una. He did not know -what coun- i ty he lived in. He testified both defendants were married; but further than this he swore he knew nothing . of any misconduct on their part, and said his name was given in to "demr mens by mistake." Thurman Moore was sworn and also claimed he knew ' the parties, but knew nothing of their wrongdoing. Asked by the court as to how he came to court, he said he come jn a truck. Luttfer Edge also testified to about tne same effect. D. F. Bellamy, rural policeman, was sworn. He was the prosecutor in the case. He explained that three other parties had been indicted together and some error had been 1 made in binding over or indicting ,the defendants. The case reesulted in a directed verdict of not guilty. JOHNSON BOY UNDER KNIFE Second Operation Removes Ball Imbedded in Hip Bone The young son of W. H. Johnson, who was seriously injured by an occidental bullet from a rifle early in January, was taken back to the hospital at Mullins last Thursday for an- i other operation to be performed as a lesult of the wound. j Young Johnson was brought home from the hospital several weeks ago 1 with many signs of his injury si ill showing, one of which was his ir.ability to walk straight. The bullet which ' has entered his abdomen had not been extracted, it not being at that time * best to probe for the shot in the opinion of the doctors. He got steadily worse and when taken from here last Thursday he was { suffering pain so intense that he could not take nourishment. At the hosDital last Thursdav an other operation was performed and the bullet was found imbedded in his 1 hip bone. It appeared that the bullet had struck some of the bones of the ! spinal column and glanced oflf into the 1 bones of the hip. The ball was ex- j tracted, and at last accounts the boy ' was doing well and it was believed he would soon recover. SCHOOL HOUSE i SOON COMPLETE i 1 Far Ahead of Section in Style 1 and Cost of The 1 Work i The new school building for Conway is now near completion. It is the result of the voting of sixty thousand dollars worth of bonds on school district Number Nineteen, in which the business section of Conway, as well as the outlaying residence sections of the town, are included. The building of the new structure, which is really an addition to the school building the district already had, allows the use of the old auditorium for new class rooms, and these, with the addition of new space, by means of the addition, gives all of the room that was wanted. The new auditorium contained in the addition, is fitted with the finest kind of electric fixtures. It will have plenty of light. The finish is in weathered oak and a fire proof projection room, stage and settings are provided as a part of the new equipment. The auditorium will seat about 1,500 people. It is being told that this auditorium, with one single exception, is the finest thing of its kind in the State of South Carolina. One of the features which places it in a class almost by itself, is the large stage above mentioned, and the curtain of velvet with which this is provided. A late design of opera chairs has been used and their nice finish shows off to great advantage within the white walls of the big room. The new school plant is far ahead of other things in this section. o When the work of the National Highway has been completed to the Waccamaw church-, near Klondike, the sum of about forty thousand dollars, provided for the work, will have been spent. \ pot** OOWWAY. 8. P., THURSDAY, VJVWM'WWWIW/WVW.V; 5 IT GIVES TV S C 5 Work is the last thing thi !; can talk, yes, but talk neve Ij To look at some of the mc you would think that there j! ter with them. It is not plain laziness. S On any day in the week, ! country, you can find a wl work; and who never work I The only way to move them 5; i>owder or a big 'charge of one of them into kingdom < ; We are not talking of tY C cannot find a job. Such an I refer to those who do not v and they hate work more water. We want to get this edi those who were evidently b ways of life; and who nev< one single hand's turn to world. They are the ones criticizing the work of othei ^ and accusing others who 1 S work, of having robbed thei S To all such let us pray, : % move on! Move on before 3 % ones sure enough. Get out Ijj work because it gives them JVAW.VW.V.V.SW.%W.V-,.V JACOB CANNON TELLS A TALE Swears Out Warrant Against Three on Various Charges HAS UNUSUAL DELAYS Defendants Claim to vHave Gone to Serenade Cannon Christmas Night The records of the court of Magistrate W. H. Chestnut show that on February 19th, a warrant was sworn out by Jacob Gannon against Jessie Doyle, Gert Shannon and Felsy Gertild, charging all three defendants with four different counts about as follows: First?That on December 25th, 1922, they were guilty of disorderly conduct in that they had used obf^ene language on a public hitrhwav this county. Second?That they committed, on that day, an assault and battery with intent to kill the deponent, Jacob Cannon. Third?That they, on that occasion, broke and entered, or that they broke, with intent to enter and commit a felony, the home of said Jacob Cannon, and that this was done at night. Fourth?That the three defendants sanded together and committed what s known under the laws as a riot, gathering together with intent to upriold each other in unlawful acts, etc. Under this warrant, it appears that the defendants were arrested and vere lodged in jail, as the offense of 1 ? louseoreaKing, or ourgiary is not a Mailable offense within the jurisdiction of the magistrate court. They *emained in the jail until their attor- ' neys applied to a circuit judge at Columbia and they were each let to >ond in the sum of one thousand dol- ars. They made the bond last week \ ind were free for the first time since ;heir arrest. ? It would appear from the dates J ibove shown that the law acted rather 1 promptly after the warrant was sworn ] >ut; but further investigation shows ' ;hat this was not the first warrant that had been taken out for the de- [ feridants. The offense took place on the night >f Christmas, 1922, and it is said that Gannon applied for a warrant at the 1 office of Magistrate F. B. Black, at Glurley, and this was sworn out on i January 7th, 1923. Once there was a 1 meeting for investigation and it was < 'ound that two of the defendants had 1 lot then been arrested; that the nagistrate dismissed the case as to 1 the two that had not been arrested i md turned over the warrant as to the < >ne who had been arrested to Magis- i ;rate J. A. Bryant, at Loris. One delay followed another, according to < prosecution, until Cannon was advised 1 :o drop his original warrant, and take 1 >ut another for all three of the defendants, which he accordingly did on ] January 19th, in the form as appears n the beginning of this article. The case is supposed to come up ?or attention of one kind or another his week while the court of General Sessions is gtfng on. Further delay, lowever, may come about by reason of ;he time required for an investigation >r other move by the defendants. This s not definitely known at this time. Something of the particulars of the ;rime with which the defendants pre 1 charged will be of interest. Jacob Cannon is an old man not in very good health. He was stek on < Christmas night of 1922, at the tJme lie alleges this offense was done to Kim. He was by his fireside, trying (Continued On Editorial Page.) B ?f MARCH 8, 1923 W/JWAVAWiWA'AWA" iEM A PAIN jj it some people will do. They I* r moves them anywhere. ;I >n and women that we know, is finmpthinor Ko^ mof t UHU kllV llinw sickness, however, but just 5 5 in any town or city in this J hole crowd that are not at t ed any in their whole lives. ^ i on is to take a keg of gun % T. N. T. | and blow the last % some. % tose who'want to work and a few ani far between. We ; yant to work, will not work, $ than any devil hates holy J itorial next to the skin of 5 orn tired, judging by their C 3r* do, and have never done, ! perform the work of the J who spends their time in- 3 :s, bewailing their bad luck, < tiave won success, by hard ^ r substance from others. > for Heaven's sake, get a 5 row are buried alive, as dead < ; of the class that will not J; a Tpain. > WWJVW.W.VVAVVSVW.VW. WOMAN KILLER IS FOR TRIAL Richard Ellerbe and His Accomplice Rastus Rouse in Jail SOME BRUTAL DETAILS Ellerbe Tried to Flee but Was Overtaken: Near Gallivants Ferry It is expected that Frank Ellerbe, negro niarii'-Vill' go on trial this week on the charge of murdering his wife. Indicted with him as an accessory before the fact, is another negro man by the name of Cornelius Rouse. The charge against him is that he furnished to Ellerbe the shot gun with whipli Mm ** iiivii vu<; u^v-u viuiic* The brutal details of this killing in the^negro section of Conway several months ago was a shock to both white and colored. The negro woman that Ellerbe killed was industrious and had worked for white families of this section of the county for many years. Ellerbe and his wife had been parted for some time prior to the killing-. The defendant had not been at work here all of the time. He had been away at work elsewhere. It appears that he kept constantly following up his wife, trying to get- her to return and live with him. On the night of the killing he went to the home of another negro where his wife was staying and called her after she had gone to sleep. lie asked for his coat which he had left in the house at an earlier hour that same night while he was there talking with the family. His coat was handed to him and it was thought that he was gone. After a time he returned to the house and going to one of the jdoors orotce a panoi or it and tired on the shot gun in the roof. His wife decided to leave the house and had started across the yard when Ellerbe ran around the corner of the house and around one or two more negroes who had been attracted there by the first shot, and fired a load of shot in the woman's back. I The woman ran into the house and fell in the floor, asking for a drink of water. As she was about to be given the drink of water, Ellerbe again shot her, this time through the hole tlvt he had first made in the floor. She was dead after a few hours. Ellerbe went away and slept for a time in the home of a friend. He was mvakened by the bells tollim? at the church following the death of his wife and he left. As soon as a warrant could be taken out the sheriff went after Ellerbe, learning that he had taken the road in the direction of Gallivants Ferry. Getting in sight of Ellerbe the sheriff took a by-path and came back meeting 'he negro who surrendered and handed up his gun without resistance. Not long after Ellerbe was lodged ;n the jail, a warrant was taken out for Cornelius Rouse, known by the lackname of Rastus Rouse, and both of the defendants have remained in iail ever since. Ellerbe's parents came here some nonths ago in an effort to arrange for attorneys to represent their son in his trial. There does not as yet appear any particular defense that he will be able to make in his case. Just before the shooting he made overatures to his wife to get her to go back to him but this she is said to have refused, telling him that he had been too mean and bad to her to consider anything like that. rat d. ATTEMPTS tO KILL OFFICER George Cooper, Bad Negro, Shoots at J. A. Holt A negro by the name of George Cooper, a native of this place, but having no job at the time, made an ittempt on the life of J. .A. Holt, of the police force of Conway, on the night of February 3rd. The facts of this bold .attempt to violate the law and good order, were not made public at first on account of the escape of the negro for a time. In the course of two weeks or less after the crime, Cooper was caught and lodged in the city jail for safe keeping. On Friday, February 23rd, he was . tried in the municipal court before the mayor of the town and a jury of six men, and by the jury he was found guilty and sentenced to sixty days on the public works or to pay a fine of $200.00. He was represented in the trial bv his attorney and he appealed to the court of General Sessions. Cooper was let to bail, and this is the status of the case at this writing. Cooper is now awaiting a hearing1 in the State court. On Saturday night, February 3rd, J. A. Holt found a crowd of negroes gathered up at the corner of Main street and Third avenue. He required them to disband and obey the town ordinance prohibiting the blocking of the sidewalks. This they did. George Cooper was in the party. After being told to scatter, Cooper was seen to stand aside where lie had a secret conversation with a negro woman. Later that same night, Holt went on his rounds on the hill. He was sitting on the porch at the Willie J. Herring store. With him was a white man by the name of Perry. The store is located in the fork of the streets where one road branches ofT in the direction of Potato" Bed Ferry, while the other runs on in the direction of Pauley Swamp. Cooper passed along on the sidewalk on the Potato Bed Ferry side. As he passed he coughed and caused the white men to look and see him as he was going along. After the negro had passed on some distance he turned and shot at the policeman, the ball striking in the side of the wooden store building. Holt and Perry sprang after the negro and he ran, firing as he went, the ball passing by the policeman. When this occurred there was a house between the parties so that Holt could not shoot back without running the risk of shooting into a r.egro house. uoummg back on the trail, the policeman and Perry ran back around the other way, and by taking- a bypath, stepped into the other street about ten steps ahead of Cooper as he was making away. At the command of the officer the negro held up his hands. A close search of his person failed to find a pistol. The officer then pretended that he was through with Cooper in order to watch him while he went back to hunt for the pistol which the officer believed he had thrown away on the ground after shooting the second time. Hiding in the bushes they watched the negro while he went on his fay for negro while he went on his way for some distance then turned back and stopped at the place from which he had fired the second bullet, and the negro was hunting on the ground and in the bushes for the weapon. As the officer and Perry approached he ran away and remained gone for some time until he was caught and brought to trial. It is expected that & time will he fixed this week to hear his appeal which may result as it did before under the circumstances of the case. The negro's motive for the act, no doubt, was the incident at the street corner early in the night when he was made to pass on from the crowd which had gathered. Cooper was convicted in the mayor's court of two different offenses: First, for shooting on a public street; second for assault upon an officer with intent to kill. It is said that some months ago this same defendant was caught in the act of taking a box of cigars from the drug store of the Horry Drug Company, and for this he was fined in the sum of $50.00 in the town court, FUR CASES PLEAD GUILTY Goley Tharp and Orion Blanton were up before the court charged with the taking of furs from various citizens in the W,ampee section of the county. They pleaded guilty to the charge and a speech was made for them by their attorney. The fathers of the two boys, Julius Tharp and Blanton, are both elderly men. The sentence was six months on the chain gang of Horry County, or a like period in the State penitentiary. o The weather of last week was much waimer than usual. NO 46 COURTGRINDS MANY CASES Large Docket |Comes Over From Last Term of Court MOSTLY MISDEMEANORS Grand Jury Gets to Work at Once on Present. merits The court of General Sessions met last Monday morning with Judge W. H. Townsend presiding. Court Stenographer F. F. Covington and Solicitor L. M. Gasque were on hand. As Clerk of the Court, W. L. Bryan, was confined to his residence with an illness, Mr. J. O. Norton, of the firm of Sherwood & McMillan, deputy clerk of the court took the place of the Clerk and the first business attended to was the calling of the names of the jurymen and the recording of their mileasre. The Grand Jury was then empanelled and duly sworn. The solicitor went ahead, as usual in the calling of witnesses to attend before the Grand Jury in their investigation of the indictments drawn by the solicitor. While the Grand Jury was being empanelled the court heard a motion in a civil (vise from Georgetown .in which two Georgetown attorneys appeared: Iredell Helleard and Capers G. Barr. Three attorneys were present when the court opened and remained until later in the day when the matter was decided by the court. Many cases were called and the witnesses sworn for the Gmnd Jury. The cases ran through all the usual charges of prohibition law violation, larceny, forgery, assault and battery of the different kinds, hog stealing, murder and other crimes, among them several charges of adultery. Among the cases sent first to the Grand Jury was the charge of homicide against Boyd and Lewis Currie, for the killing of Maxey Huggins. The Charge Judge Townsend charged the Grand Jury. He said ^hat the first duty was to find out and punish those who had violated the law for the protection of those who had not violated the law. He instructed them as to their duty in the examination of the witnesses sworn by the solicitor; and fllilf fV?o?T oUmilil >?< viimv vnvj oiu;ui\i urn i?s?s any in* dictments until after all witnesses had been examined before them. He told them of the great inportance of their duties in the investigation of the cases. The judge went over the number of cases or charges handed up by the solicitor, telling them to pass on the murder charges the first thing before investigating the charges of smaller import. He charged them as to the law of murder and manslaughter. The nature of other high crimes, and misdemeanor were taken up and explained by the court. Thirty-three petit jurors answered to their names as present in court and this was enough to start the trial of cases. The State vs. Ben \Hickman on a liquor charge was noil prossed. The State vs. B. Gerrald waa transferred to the Contingent docket. The State vs. C. W. Johnson wai continued. The State vs. Kelly Jones on a whiskey charge was noil prossed. At a few minutes before noon the order that several land sales might be made in front of the court house. The solicitor announced that he would not hand out indictments at this term on charges against the following named defendants: uock uore, A. Q. Johnson, C. F. Dewrey, J. K. Floyd, Frank Skipper. The Grand Jury brought in true bills in murder charges against Ellerbe, and Rouse, negroes and against Boyd and Lewis Currie, white. On Monday afternoon Richard Ellerbe and Neil Rouse were arraigned for the killing- of Ellerbe's wife. Both pleaded not guilty at first. Then Richard Ellerbe withdrew his plea of not guilty, and pleaded guilty to the crime of manslaughter, which he signed at the bad. Neil Rouse insisted on his plea of not guilty and the time fcr his trial was fixed to be not later than three days after arraignment. It may not l>e before Thursday. Ellerbe Murder Richard Ellerbe's plea of guilty after he had said not guilty was somewhat of a surprise to the colored spectators gathered in the court house. His sentence was deferred until the Rouse case could be tried. Arraignment of the Curries for kill(Continued On Local Page.) MmWbWMWWVAVAV C Just what you want is the J? J thing you never get in this |? J? world. It is the part of wisdom j! % to make the best of the best ?J mm that you can get. It is the fool IJ > who would stop just because he ?B { has failed to get all that he ex- J? % pected. [