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