The Horry herald. (Conway, S.C.) 1886-1923, April 05, 1923, Image 1
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VOLUME XXXvn
! COMMON PLEAS
i GRINDS ALONG
?
t Several Cases are Contiued
I by Parties From'Monday's
[ Roster
I, STACKHOUSE WINS NOTE
Mule Case Between Johnson
and Waterman Oook
, Begins Monday
The Court of Common Pleas con:
vened at Conway on last Monday with
. Honorable W. H. Townsend presiding.
The court was opened upon the arrival
of the bus from Marion,
r Before the opening of the court the
Clerk of the court and sheriff of the
\ county made a number of sales at the
court house door.
( The first business of the court was
I the sounding of the docket to ascertain
the cases for trial, or disposition.
This took up most of the time before
| the hour for adjournment. Then the
j jury was allowed to go until the hour
for beginning again in the afternoon.
The court then heard motions and
no jury case was started until in the
afternoon.
The following cases set on the roster
for Monday were continued:
J. Bert Hughes vs. L. V. Todd; Cannon
Hickman Co., vs. G. W. Graham;
N. Feldman vs. Solomon Scherr; J. S.
! C'ough vs. Jno. R. Stevenson; Sandy
Shroud vs. W. A. Cause/; Spivey
? Mercantile Co., vs. Jas. C. Davis,
l. a _ a n vvr T-fc i . Ait.. a* . n x.
u. w. rorier vs. Auanuc v^oast
Line R. R. Co.; J. H. Massey vs. At.
lantic Coast Line R. R.; M. M. Stanley
vs. P. R. Casey.
The first case tried was taken up
in the afternoon, G. B. Stackhouse vs.
I John G. Floyd. The jury was empan'
elled as follows:
[ W. H. Reaves,
W. B. Carroll,
I B. T. Duncan,
\ Leroy Price,
A. Claredy,
W. C. Todd,
f E. V. Carter,
p E. W. Jernigan,
I D. H. Hardee,
II W. E. Henniford,
W. R. Paul,
I W. E. Marsh.
B G. B. Stackhouse, the plaintiff was
| swom. The suit was on a note. The
[ plaintiff said he was engaged as agent
Q for an insurance company. This was
I at John Floyd's house in Floyds townI
eVi 1 r? TTIavH eravo Viim n nnfp TilP
I*'*"f - O'-'X ? ?
witness was shown the note, and identified
same. The note was then read
to the jury. The witness continued
his testimony. The note, he stated,
has not been paid. Witness started to
explain that he took the note in the
name of a bank, as he got the blanks
from one of the banks; that he neglected
to strike out the name of the
hank, and insert his own. The wit*
ness testified that he sold two policies
to the defendant.
John G. Floyd, the defendant, said
he signed a blank note which was to
be $135.00, but when the rote showed
up it turned out to be $164.00.
George Floyd testified that he heard
G. B. Stackhouse and Jno. G. Todd
talking about the insurance and heard
Stackhouse tell Floyd it would only
cost him $135.
W. T. Rowel I testified he saw Stackhouse
going for a settlement on the
insurance and went with him. Floyd
I signed a note at that time, but witness
did not see how much the note was for.
Witness did not know whether the
note was filled out when signed or
G. B. Stackhouse was recalled to
Kwear to the amount of the premium
pn the policy, but this was not held
po be in reply. He stated that he had
discussed two policies with the defendant,
one of which would have cost
?122.50 and that the other $164.00
Plaintiff moved for a directed ver-?
[lict, which was granted, and che foreman
wrote his name to the verdict
which carried the principal, inerest
and attorney's fees on the note.
The next case tried was L. L. Johnton
vs. Waterman Cook, and C. Page,
rhe following jury was empanelled:
| Ben T. Watson,
J. W. Calhoun,
W. B. Elliott,
I W TV
I Alfred Lancaster,
T. P. Cooper,
S. G. Gerrald,
L. C. Edge,
H. B. Baker,
J. F. Mishoe.
This suit grew out of an accident
n the Pee Dee road in February,
920. The facts of the case appeared
i the paper at the time.
L. L. Johnson, the plaintiff, testified]
hat in 1920 he met Waterman Cook
n.i Corn Page on the Pee Dee road,
[o wats driving a mule and the others
v ;iiito:nobile. Witness stated he
r * ****#**#** #*#####*######
[ The man who is ahead of you jjj
[ in influence, wealth and power $
I has not gained these by mere $
[ luck, but by simply working X
them out while you slept away *
your time. You once had as *
\ good a chance as he did, but you I
did not care to take advantage $
of it. . *
luiiMUliMiiMUtiMUMMUUMMMMUiiMMy
w#7rwltwwf,wirwwiriririrwwiiwirwirf *
I ?
giltf
J. L. BUTLER
SEVERELY CUT
Fight Brought on by Hard
Words Used in Alternatinn
VMklVI I |
J. L. Butler is recovering from the
effects of a serious cutting affray
taking place at his home near Loris,
S. C.f recently.
There was a serious difficulty between
him and his son-in-law, Dort
Bullard. Another son-in-law. Onslow
Bullard was not connected in the fight
to any great extent.
It is said that Bullard was under
the influence of whiskey and had gone
to the home of his father-in-law,
where Bullard also lives with his wife,
and began carrying on at a great rate,
using profane Language and cursing
out the entire family, as alleged.
Some member of the family sent for
J. L. Butler, who did not happen to
be at the house at the time. He came
and found that Bullard had retired to
a bam nearby. The other son-in-law,
Onslow Bullard advised Butler not to
go to the barn or he might get hurt,
Butler was incensed over the reported
actions of Don Bullard and went
to the barn to remonstrate with Bullard.
He asked Bullard whv he had
carried on so and warned him fiot to
repeat the experience, else he would
make him leave the place. This
brought on the fight after Bullard, it
is said, cursed Butler and used vile
names. ,
Bullard drew a knife and proceeded
gash was near the heart and the docto
cut Butler in numerous places. One
tor reported afterwards that Butler
missed death by just the thickness of
n Uoil* \trV? fUio fU vn of
U null VlllO IXIIILU tlliuot W v I 1 t
close to his heart. There was another
ugly wound on the left breast, and a
deep gash under the arm.
Butler tried to protect himself from
the furious onslaught made upon him
by Bullard. He made some signs on
Butler which had to have the attention
of a doctor in Loris that night,
where they were both taken for medical
attention following the flght. The
wounds of the two men were dressed
by the two doctors in Loris.
This affair took place at the J. L.
Butler farm, which is some miles out
from Loris in the Buck Creek section
of the county. In addition to the
farming operations Butler also conducts
a store and has been engaged
in this business for a number of
years.
It was stated that no prosecutions
were likely to grow out of this uri- i
fortunate family affair.
o
T An TO TT A ci A
LUftK5 II/AO /\
LAND TRIAL
One Negro Ousts Another
From Lot of
Land
At a hearing in the court of Magistrate
J. A. Bi'yant in Loris, on March 1
20th, the showing made by Silla Ann
Durdan, a negress, as to her color 1
of claim in a lot of land located nine
miles out of the town of Loris, was 1
found against her contention; and at *
the suit of Gurley Riggins, another
negro, a warrant of ejection was is- 1
sued to' M. C. Butler as special constable
to oust the Durden woman
from the place.
The constable executed the warrant
on Monday, March 26th, placing the
negress out of the house together
with her things, and giving the pos- {
session to Riggins. v
The woman claims to own the land
on which she was living it is said under
a deed which she claims is about 1
forty years old.
turned his mule off. He was leading
fVia mnlo Tho i?ar waa vmntr fnaf
and although the mule was within
three feet of the ditch the car struck
the mule and threw her into the ditch. '
The mule was not able to get out just
then. He went off after a shovel to
dig the mule out with and when Mr. 1
Page went to put the shovel under
the mule's head, the water rushed in
and frightened the mule so that she ,
came out. The mule's shoulder was ,
broken by the blow.
The mule was not worth anything
to him after that. She had cost him
$95, and he finally gave her away.
Witness said that Mr. Cook told him
to take the mule home and if it cid
not get well that he would pay fo$ it.
He was leading the mule on the right
side of the road, he stated, while the defendants
had not turned out of the ;
ruts more than ten inches. He kept
the mule two weeks after the accident
and gave her away. The accident was ,
in February, 1920. He stated that \
Cook had promised to come back the
next day or the day after.
On cross examination he said that
his mule was afraid of the ditch. He
made no effort to get a veterinarian. ,
He tried to doctor the mule himself.
He said the fender of the car was
bent. There was no mark on the outside
of the animal except on the head
where the mule fell in the ditch. The
mule had never been hurt in* an accident
except slie got her head hung in
the stall. The rar went 44 steps after
the mule was kiifif-d down and
rolled over. The mu'e never had the
use of that leg while he kept her. After
the accident the witness was fore
t #
r 4 } % * f *
putt;
CONWAY, 8. 0., THURSDAY,
n
| LAND OF MA
>C i1
it
? You have observed the kin
>< in jthe land of make believe.
\\ mah who ever existed. He
m lAn?^ i-^ a.. 1. -J?
jj iraisv iu auvniiuc me wurK ui
j | The best of mankind may
* use of dreams if they never
" It is air very well to live in
IS tion and the faith of those
{j that it is more imagination 1
* for our well-being here belov
But the land of make bel
\\ complishment where men fac
\\ universe in which he dwells a
\\ in the path of all those who
* those obstacles must be over
* accomplished in the land of n
*
****************************
N.J.FERRIS 1
IS EXAMINED
C. R. Scarborough Elected as V
Trustees of Bankrupt
Estate
N. J. Fer ris was examined in the 1
bankruptcy proceedings in Florence, ii
S. C., at the first meeting of his i
creditors hold last Thursday.
A majority of the creditors seemed t
to be represented at the hearing. j
The bankrupt was examined at r
length by Cordie Page, Esq., representing
a number of creditors who had g
secured judgments against Ferris in c
the magistrate court at Conway and ii
had seized his store and advertised p
the stock and fixtures for sale at the h
time the petition in bankruptcy v/as r
filed and which gave the district court
of the United States jurisdiction of a
the estate and so that the State laws v
relating to insolvency would no long- n
er apply.
The object of the examination aj)- c
parently was to establish what Ferris ii
had done with the cash taken in and b
the debts collected between the dates
when these judgments had been ob- n
tained and the date when his store g
was closed under executions. These
dates made a period of about two n
weeks during which time it was alleg- a
ed that he had promised to keep a i]
record and turn over what was taken _
in to the judgment creditors or their a
representative.
The bankrupt does *ot speak the .J
English language very distinctly.This ^
was a handicap in conducting the ex- a
animation. It appears that he can- ^
not write and spell very well, judg- (j
ing by the exhibits of some checks (j
used at the hearing by the bankrupt ^
in showing what he had paid on the n
rent claim of A. C. Thompson,) the ^
owner of the building where his store e
was conducted. ^
He was also examined as to the sale ^
of certain goods at and below cost ^
during the period from February 1st, rj
to February 17th, when the store was
seized. He stated that he had taken ^
in money during the period mentioned
but had spent this for board and ^
other expenses and he could not give
an accurate account of what he had
done with all of it. , ^
The bankrupt was represented by
S. C. Dusenbury and Ford & Suggs. ,
Mr. G.j L. Ford had beei) Ferris' assignee
under a deed of assignment ,
that Ferris madp on the same day ^
that his store was closed under the j
executions above mentioned, or prob
ably the next Monday following the f
Saturday when the store was closed, i
A number of creditors, making a Y
majority of all those represented at
the meeting were represented by H. P
H. Woodward. C. R. Scarborough
was nominated and selected as trus- ^
tee of the bankrupt estate. ,
Further proceedings in the matter
will be taken without any unnecessary
delay and the stock of goods on Lau- |
rel street, together with the store fur- ?
niture and fixtures will be offered for
sale, at an early date, under the or- ?
der of the referee. ,
Since his store was closed here Fer- ?
ris has gone to Laurinburg, N. C.,
where is is now working for wages !'
in the store of another man. ;
I>l
0LDRES1DENT [
PASSES BACK :
b
John G. Thompson, of Whiteville,
N. C., was in Conway recently on his
way to visit D. V. Richardson,on busi- r
ness at Bucksport, S. C.
Mr. Thompson is now seventy-five
years of age and is very active in his
business of civil engineer for one of
this advanced age.
He lived in Conway fifty-seven
years ago, where he attended school. e
He is a nephew of the late Jos. A. P
Thompson, a former citizen of Horry a
County and a resident of Conway. f
F
ed to buy another mule to raise a c
crop. He stated he had a rope halter s
and when he saw 'he car coming1 he
caught the line up short and kept the y
mule close in behind him. He did t
not jerk the mule into the !ar, he said, c
Sam Singleton testified for the
plaintiff. He stated that he was 75 s
or 80 yards away. He did not see the a
it gfe
APRIL 5, 1928
r*************************
KE BELIEVE , |
id *>f man who lives always J
He is the happiest sort of $
is the man who does the *
the world. ?
have dreams. What is the |
come true? x
i the realms of the imagina- *
like Coue who will tell you *
than will power that works *
v |
ieve is not the land of ac- $
e the hard cold facts of the *
,nd knows it. Obstacles are *
> would make progress and *
come. This is a task never %
nake believe. 5
ii t.i.
LUMBER FIRM
NOW BUILDING
IVijk Add Much to the Industry
f and Progress of
Loris
The Loris Lumber Company is makng
progress in its building operations
n tfce town of Loris.
* (
Itiis now going ahead in the erecionjand
completion of a kiln drvinir
darft that will take ten carloads of j
ough lumber through at a time. .
Their plan is to locate a number of ]
:ro?id mills in that section of the j
oui^y and prepare the means of dry- j
ng out the product at the central (
oint in the town. Already they have j
arge quantities of the product of then* .
nills coming into Loris. T
In, addition to the dry kilns they ,
re Erecting a large planing mill in [
^hicV the lumber will be dressed and <
lade ready for the markets. \
This is the company which was ie-|(
entl'y chartered as a corporation and t
t has at its head some very good
usiness men. ,
The work of this company will add
naterially to the industry and pio- ,
of Loris. j
For the purpose of feeding their
nills with timber they have purchased
, number, of extensive timber tracts
n the neighborhood of Loris.
ccident, and did not see the mule
all. He went back and saw the mule
n the ditch and saw Cook and Page
here. Mr. Cook said to keep the mule
, limited time and he would adjust
he matter in some way. The mule
id not use, one foot after the accient.
Johnson offered to give witness (
he mule. He did not consider the <
\ 1 1 ] A UFAvf U i n ** J 1- ~
uit "ui bii aujr uiiii^i ttilil MitlU lllill lit!
id not want her. Her hip was brok- \
n. The witness made measurements. ,
'he automobile was half way from \
he rut on the Johnson side and the
torsewalk in the center of the road. ]
'he car went about 44 steps from the \
lace where it struck the mule before
t stopped. If the mule had gone* \
traight on there was room for the <
luleHito have passed safely along1.
Walter Bruton testified for the
flaintiff. Johnson had offered him
he mule he stated, but he did not
eed it. He saw the mule in the lot,
ut did not examine the animal.
W. H. Johnson testified. He stated
e saw the place after the accident.
Ie differed from Walter Bruton as to
he width of the road, as he thought
; was wider than eight feet between
itches. The automobile could have
urned out a little further on the right
and side. He saw tracks around the
lace where the mule was knocked In
he ditch. He stated that the mule
ras worth about $300 as prices at that
ime were up. She was feeble after
he accident.
R. B. Bruton said he lived about 50
ards from the place of the accident,
le stated he was at work on the road
hat day. The car was going fast
fhen it passed him. It was going as
ast or faster than he had ever riden
in a car. There was nothing to |
eep the car from turning out to thet
ight, he said, and could have avoided' j
he mule. This mule was worth, at .
hat time, $300 or $850. He saw the (
lule under a shelter lying down.
Duke Tompkins testified the mule
'as injured. He used the mule and it j
^s eight or ten months before any
rork could be done with it. She is j
ettcr now after three years, but not T
et sound. The hip of the mule is not |
illed out as the other. The injury to 1
rwo CROPS ON I
SAME FIELD1!
S. J. Gasque, one of our best farm- i
rs near Conway, raised two crops of 1
lotatoes on the same land last year, i
,nd used only the one application of i
ertilizers in the ground.
His first crop was Irish potatoes.
Ie followed the Irish potatoes with a <
rop of sweet potatoes. He had a
plendid yield of both crops.
He is trying the same plan this ,
ear except that he expects to follow '
he Irish potatoes this year with a
rop of corn.
Mr. Gasque has had some of the
weet potatoes in Conway and they
irfe fine.
raid.
CHAUTAUQUA ON
IN NEXT MONTH
Preparations Expected to Be
Made For Holding
This
The Horry Herald has received the
following letter concerning the 1923
chautauqua: j
Yonv eoaann will tAnn
? * ... V-7 X/ k'VU **111 OW1A
be at hand, and we therefore take
great pleasure in announcing your
dates. They have been worked out
through a very careful study of the
many routing problems which confiont
us, and represent a conscien- j
tiou^ effort on our part to best rervo
all the towns of your circuit, for in
so doing we best serve each individ- '
ual committee. Geographic position 1
and transportation schedules are the J
greatest factors in determining your <
dates, which will be as follows:
May 2-3-4. 1
We believe that all RadciiiTe Chau- 1
tauqua committees on your ciicuit 1
will be especially well pleased with '
their programs this year, and with J
all parts of the service. A new adver- i
tisir.g plan has been devised, for in
addition to some of the items which 1
necessarily must be used from year <
to year, we expect to send you a num- t
ber of beautifully colored talent cards. \
Each card will picture but one lec- ]
turer or entertainment organization, i
and when properly displayed will \
make a very attractive showing. The ]
cards, circulars, tickets, etc., will reach <
your committee in a short time.
The advance representative prom- ^
ised you in the contract will arrive (
ibout ten days or two weeks previous
to the opening date of the Chautauqua
to assist in advertising the event and 1
in stimulating interest in your ticket \
campaign. This will be supplemented s
immediately before the Chautauqua by A
additional advance and community
work, and we believe therefore, that J
/ou can look forward to a great sue- ]
?ess in every part of the Chautauqua 1
soon to be with you. A study of the \
circulars will assure you of a splenlid
program, worthy of the confidence
)f your entire community. j
Trusting that you will announce
the dates immediately and assuring '
you of our further co-operation in
shipping your advertising material
promptly, we are,
Very truly yours, 1
Radcliflfe Chautauqua System. !
March 27th, 1923.
Per W. L. Radcliflfe. )
LETTER FROM j
"THREE WIVES";
As Mayor of Conway, I have re- j
:eived an anonymous letter signed
'Three Wives." J
This letter requests that I do some- j
thing to stop their husbands from ^
gambling. The letter does not give (
the name of any person, either as j
writers of the letter or as the husbands
of the good women who wrote J
the letter. T
Having no information in the let- J
ter which will assist me in locating the ,
violators of the lfiw there is nothing1
I can do for "Three Wives." If their
grievance is of such a character that
these^good women care enough about
it to give their names, and informa- .
Lion necessary to lead to the apprehension
of their husbands, I will be .
arlad to have the matter investigated
it once. Tf they do not care this much
about their grievance, I know of nothng
that T can do. When people really
nefed help it is my experience that ,
;hey are willing to disclose their '
identity. J
In the future I hope that persons
aggrieved in Conway will co-operate
with the authorities In giving inforination
which will lead to a correction
of the evil.
So long as you conceal behind a wall *
if secrecy all information and merely
jomplain, it is very probable that you
fvill get no relief. On the other hand,
when you unmask your veil and give
information, I assure you that you
will have a speedy correction in the
lives of your husbands.
I take this mode of answering: a let- *
ter which cannot be answered by pri- ]
/ate letter, because the writers con- J
!ea1ed their names. *
W. K. SUGGS, Mayor. *
the mule would be half or more.
J. H. Atkinson was sworn and said 1
that Johnson gfave this mule to witless.
The mule was in bad shape in f
the hip and leg:. It was two to six I
veeks before much work could be done v
>vith the mule. After starting: to *
vork the mule easy work was picked |
for it, but of late harder work has
icen done by the mule. The mule is '
somewhat lame, according: to witness, 1
ind is no better now than she was six '
months after the accident. Witness s
had the lot man to rub the mule. Tins
mule was worth $300 or $350. This ?
accident would take 50 per cent ofT the
value of the mule. ?
Waterman Cook said he was with J
Corn Pag:e going: alone: the road. He *
was driving: the car. The road was j
n.irrow, straight and good. He saw 9
Johnson leading this mule, and there j
was no signs of any fright. About the J
time that Johnson was abreast the X
car, the mule sat down in the road j
ahead of the car. Then there was no \
way to avoid the mule. The witness j
stated that he looked around as the 4
7 N0- 50 m
WARRANT OUT
AS AFTERMATH 1
Nothing Else New in Hold- .
en K K K Let- 1
ter
HISTORY OFTHP AFFAIR ^
Nothing New Discovered Leading
to Authorship ox
Illiterate Note
One aftermath of the publicity giv?n
the unsigned S. H. Holden note in
Socastee, some time ago, is an arrest
warrant which it appears was sworn
3ut by Georsre Brown Mamo
Lrate W. H. Chestnut, requiring" the
arrest of Sam Holden on two charges
assault with a gun.
This warrant was sworn out, as The
tterald learns, after the contents of %
:he note had been published in The
Hterald, and perhaps after the article
which was written by Brown in regard
to some of the statements made
n that article.
The two instances of assault with
the gun appears to be the result of
Dne day's events when it is alleged
hat Holden drew a gun on Brown at
the time when Brown was found
hunting on the land of Henry Buck,
low occupied by Holden, and later on
the same day when the two parties
lad a meeting on the public road near
Socastee store.
Nothing has been done with the
variant except that Holden was placed
under bond for his appearance.
The magistrate court has not yet
fixed any date for a hearine- of th?
natter. The warrant was sworn out
und the bond made under it several
veeks a#o. *
The incident of the note will be remembered
by those who kept up with
;he matter in the columns of The Herild.
The note to Hoi den was dated
>n February 5th, 1923, and read as
?ollows:
"Sam Holden, we the undersigned,
?ive you twenty days and no more to
t>e moved out of Horry County. K.
K. K."
The note was mailed at Conway, S.
3., and addressed to Holden at Myr1
T-* 1 * -- - *
Lie oeacn. as soon as Holden received
the letter he placed the matter in
the i hands of the authorities and an
investigation was made by the sherfT
of the county, but without any re- v
?ult in discovering: the author of the
\ote. The facts in relation to the receipt
of the letter by Holden were
published in this paper, and the next
week Brown, whose name had been
nentioned in the article as being one
with whom Holden had some trouble
ibout hunting on his land, came out
n the paper with a long article in
which he denied any connection with
he letter writing, and suggested that
lolden may have written the note to
limself. The next week, or week af;er,
there was an article published
rearing the signatures of many citizens
of Socastee township, in which
hey expressed their confidence in
Golden as a good citizen and denying
he things which had been said against
-lolden in the Brown article.
So far as could he learned a few
lays ago, nothing further has come
>ut which would lead to the detection
>f the author of this note which is the
>asis of all the trouble. There has
? Iv A , 1 * AI% AMMA ?\ /] A.
icvei" ut*eu un,v uucut inai i;c inuuc
hat any particular person had d;ctatid
or composed the letter to Holden.
\.s he received such a missive, it was
mtural to inquire the names of any
>f his neighbors with whom he had
iny trouble before that, and it ap>eared
that the matter about hunting
>n the laud which is rented by Holden
vas about the only difficulty or mismderstanding:
that the man had with
inybody in that section of ihe county.
:ar was stopped and saw the mule
standing up in the ditch. The mule
inally jumped out of the ditch. He
;aid the road was about 16 feet wide,
rhe car was over half way from the
litch, and it did not appear that the
nule was badly injured, as it walked
>fT and went to feeding. He has seen
he mule since, he said, and saw the
nule hauling1 fertilizer. He told
fohnson to doctor the mule and if
hey could not adjust their differences
hemselves, they would get some of
heir friends to do it for them.
Roberts testified that he was forenan
of the farm at Jordanville in
920. This mule went there shortly
tfter the accident. The garden was
)lowed with this mule after a few
reeks after the mule got there. This
nule was used in hauling fertilizer
rom Aynor. The mule's leg was "not
uoken. The mule was rubbed with
iniment. The mule limped, and would
imp now if put to hard disking. The
ip, he stated, is a little shrunk. He
aid that the mule is worth about half
(Continued On Page Seven.)
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* A
k We have the most respect for
js the man who hews to the line '[
t and requires other men to do J *
? the same thing. We cannot
i have much respect for the man \\
[ who lacks backbone and will not 1'
t stand up for what he knows is \\
| his right in the world of men. >?
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