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I I r / \ I \ < . ) volume xxxvn | SMITH LOSES j ON NON-SUIT ' Brought His Complaint for il Twenty Thousand Dol|i lars Damages i ' f WAS CASE OF INTEREST 1 When Lands Sold and Rented F at Greatly Inflated Rates f One of the most interesting of the civil cases disposed of in the Court of i Common Pleas last week was that of ' Reddin W. Smith, plaintiff, against I W. Boyd Jones, the defendant seeking > to recover the sum of twenty thousand dollars for alleged damages un. der two causes of action set forth in his complaint, which reads as follows: FOR FIRST CAUSE OF ACTION 1. That on January 3rd, A. D. r 1020, and before that day and date this plaintiff, his tenants, agents and j servants, were in the lawful posses' sion of the following described lands und real estate, to wit: ALL AND SINGULAR, that certain plantation and tract of land, situate at Justice, in the County of Horry, State of South Carolina, con, taining four hundred and twenty { (420) acres, more or less, 110 to 120 ' acres being cleared, and known as the "Boyd Jones Justice Place." 2. That on or about the 3rd day of 1 J/inuary, A. D. 1020, the defendant above named, that is to say the said iW. Boyd Jones, did there and then, ^fraudulently. and with force and arms, ^1n person and with the assistance of ?his agents, servants and hirelings, I forcibly enter, take possession of and detain as aforesaid, the above described land and real estate, then and thereby as aforesaid, ousting and dis| possessing this plaintiff. l 3. That the acts of the plaintiff I above set out and herein complained if wore and are fraudulent, wanton, ri'lful and unlawful and malicious ,nd by reason of all of which this ilnfn'ifT is and has been damaged in mm of ten thousand dollars. A FOtt A SECOND CAUSE OF ACTION PLAINTIFF ALLEGES: 1. That for the years 1917, 1018, 010. and to January 3rd, 1020, this laintifT was in the lawful possession, 'ther in person or by and through is servants, agents, tenants and laorors, of the following described ir?ds and reol estate, to wit: K ALL AND SINGULAR that certain Kplantation and tract of l^nd. situate Rat Justice, in the County of Horry, Jfetate of South Carolina, containing Bfour hundred and twenty-six (426) Hncres, more or less, 110 to 125 acres ^R>eing cleared, and known as the V'Boyd Jones Justice Place." H 2. That for and during each year Hktated above and up to and including January 3rd, 1920, the said defenHdant has and did continuously interHforo urifVi fV?la rilainf IfF'a fon!inf? tx.A IV* V VV i Vlt VIl?o VI It ?? VVI itvuvi. %, ?'V? arm labor, by forcibly dispossessing hem of their houses situate on said ands and threats of dispossessing: hem and causing them to "leave the .ervice of this plaintiff" and caufing Sis plaintiff during each year to lose i part of the crops grown on said nnds, said defendant unlawfully enicing said labor with offers of em^ovment and promises to employ, if hey would and after they had quit he service of plaintiff in addition to orcible dispossession as above stated. ' 3. That above acts complained of 'ere done and are malicious, wanton, Hlful and unlawful and are and were Itoie as aforesaid and for the further raudulent purpose of creating a selfIrving breach of this plaintiff's posission which said possession was unfer a lease executed by the parties preto. And by reason of nil of which Sis plaintiff has been damaged in the of ten thousand ($10,000.00.) hilars. WHEREFORE plaintiff demands Ifdgment against the defendant for <e sum of twenty thousand (S20,*0.00) dollars, his the said plaintiff's bmage, and the costs of this action. .The defendant answered the cornfaint setting up among other things I failure on the part of Reddin W. Jnith, and his tenant, W. 0. Smith, 4 perform certain things set forth in je contract of lease for Reddin W. Iriith to do, and in case of his fail Ie to periorm tnese tnings, 'hat the ?ht was reserved in the lease for the hdlord to declare the lease forfeited d that he had so declared the lease rfeited the latter part of Novem- 1 r, 1910, and mailed notices to both ( rddin W. Smith and W. C. Smith to p effect that the lease had been : pken and forfeited and that he <uld expect them to vacate *he < ernises and have their property relived therefrom by January 1st, ' fr***#*###******* ********* 1 At times it would appear that \ J [the law business is a mere mat- it Uer of contending. When a man j[ (fails to agree with his neighbor u the goes to law with htm and [each side employs lawyers. The " I man who settles which is the ' best contender is the judge and \\ [he is the man who has the hard- n kest time of it. J[ I Wkt BOY AND CAR | RUN TOGETHER Injuries Are Painful but Not Thought To Be Serious Cecil Hawes, young 6011 of Mr. and Mrs. S. P. Hawes, was the victim of a serious accident occuring last Saturday evening, while the town was filled with week-end visitors on account of Field Day, and the ball game taking place as an incident. Younp Hawes was struck hv n Ford touring car which was being: driven by R. A. Bass, son of Dr. R. A. Bass, of Gallivants Ferry. The front wheel of the car struck against the body of the boy and is said to have passed over him. He was tangled up in the wheel while it made a number of revolutions. Brakes were applied to the cri\ but it ran on for twenty-five or thirty feet before it stopped. The upper part of the boy's e/\r was torn loose and several stitches were necessary to replace it in position so that it may heal up. He was injured in the breast where several wounds were inflicted by the impact of the wheel. At first it was feared that the bov was severelv ininrpd in ternally. At last accounts, however, he was doing well and expected to recover. He is about ten years of ape. The accident took place on the national highway which leads out from Main street on the way to Gallivants Ferry. The ball game Kid iust broken ut> and the road was filled with people leaving the grounds, which are located in the open fields bevond the residence of Mr. and Mrs. Alexander. There were a number of automobiles passing along the hitrhwnv on their way home from the Fietd Day exercises and the Bass car it appears was one of these. It has been related that young Hawes jumped off the running board of one car and was Struck by this other, but this could not be confirmed, as another storv had it thnt. hi* w.is merely passing along, or perhaps across the raid, v/ith a group of other small hoy? interested in the hall gar^e. The injured hoy was goin^r in the direction of Conway whi'e the car was being driven in the onposite direction. Following: the accident he was brought to the office of a physician and his wounds attended to. o TAKEN FOR X-RAY Cecil Hawes, the nine or ter-venr- 1 old son of Mr. and Mrs* S. P. Hawes. 1 who was injured in an putomobile ae- ] cident last Saturday afternoon, while < the town was crowded with Field Day i visitors, was not considered as doing 1 very well last Mondav, and he was 1 taken to the hospital in Florence, for 1 the purpose of having X-ray photo- I graphs made of his chest. 1 The pictures are expected to dis- < Hose the seat of any internal injury 1 that may have been sustained by the ! child, ftnd if it should be the case that 1 internal injuries .are found, it mav be possible to treat the condition and re- j lieve it. i Reports on Sunday were to the ef- l feet that the rhild was doing well and it was not believed at that time that \ he had sustained any serious injury. i There are conflicting reports con- c cernincr the wav the accident, occurred. ; ADAMS HOME ! DESTROYED The home of Jessie Adams, in Dogwood Neck township, was burned down last Saturday. The flames ^ caught from the stove flue on the southern side of the building. The wind drove the flames through the house and it was destroyed although hard fought at every step. The flames were first discovered by I A man passing along in a car. He gave the alarm and a crowd that had ] gathered at United churches nearby for worship, came over &nd helped to fight the flames. Some of the people helped to empty the house of the furnishings, and about all that was in the house was taken out and saved, and with but slight damage to the furni- \ ture. * mis was tne home of "Uncle" Nnthan Adams. It was built in 1873. The entire community regrets the loss * to Mr. Jessie Adams and his aged mother. Already a movement has been started to see who will help in replacing e the home. There was no insurance j ?n the building. 1920. 5 The lease under which Smith claim- j ed to hold the place, one of the finest farms in the Cool Spring section of j Horry County, was introduced in evi- c dence, reading as follows as to the ^ main provisions of it: ^ WITNESSETH: r 1st. That party of the first part, t (W. Boyd Jones) in consideration of j the premises, covenants and agree- t ments of the party of the second part a hereinafter made, and the payment to e him, the party of the first part, of an f annual rental of Five ($5.00) dollars p per acre, one-third September 1st; f one third October 1st; and one third J November 1st, of each year during the a currency hereof, hereby lets, leases f (Continued On Page Eight.) f i pii . . JLCOHWAY, S C., THUBBDAY, *************************** ik ii OPPOR1 You ?, ? ? i by wishing big things to cor * Opportunity?friend?is * twinkle of the stars. It is " It is the power to express I \\ Doing it now?nails the c ;; the call?know it is right~ things of today were the li * the day before they were oj \\ Opportunity is eternal as \\ clock tick?it depends upon j | take it when offered, to ma !e portunity, minus action?ha % into an early grave. *************************** BRIDE LEAVES DRUNKEN MAN Man Gets Arrested and Hunts IAP I nl Avsrl A U nl >1 IVI IIIICIIUCU HUUUl Town TAKES EXPENSE MONEY Too Much Whiskey Breaks up A Colored Wedding Here Rural policeman, V. L). Johnson, as he passed along the sidewalk on Laurel street one day last week, found a horse and buggy hitched up to a rack in the back lot. A negro man was drunk and evidently fallen out of the buggy. He was lying on the ground between the wheels with his pocketbook about to fall out of his pocket. The policeman carried the pocketbook to the town hall and informed the police of the drunken man. The man was arrested and brought befove the mayor where he gave his name as H. C. Spain. His pocketbook had in it the sum of ten dollars and a check for seven dollars. It had been robbed of the sum of five dollars, according to Spain. He made bond by depositing the sum of ten dollars and pleaded guilty of being drunk. Spain claimed that he came to Conway to buy a marriage license. Hr brought his intended bride with him On the way down here he took too much strong drink ;\nd when they arrived he was unable to carry out his contract any further just then. The negro girl who had promised to marry him waited around for two hours in : the vain hopk that he might recover from his drunken stupor and get the license. There was no such result as ] tie continued to sleep. She took five iollars from his pocked, the sum ef 1 five dollars with which it is thought 1 she hired a car to t.akA hop k?Mr fn ler home in Floyds township. After petting sober and pleadingguilty in the court, Spain took the yiew that his girl had not forsaken , lim entirely hut was waiting* for him about town. With this idea in his lead, he hunted all over the place and remained here the remainder of that lay looking for her. His looking was n vain as she had departed for home ong before the man was found lying Irunk on the ground. ANOI m.ATW ?. a.jk M^JjL M. . SUES HER SON, l/Vins Out in Contention Over < a Tract of , Land CLAIMED AUFE ESTATE ! Estate Land of the Late H. ] L. Johnson Near Re- i hoboth 1 The case of Mantha Johnson, a wo- t nan seventy-five yer.\* of age, 1 igainst her son, Eddie E. Johnson, was j; lisposed of last week. f The complaint of the plaintiff was 1 is follows; \ The plaintiff herein complaining of t he defendant herein alleges: 1st. That she is the owner of and I intitled to the immediate possession c >f the lands described in a certain ( leed from H. I,. Johnson to her, the v aid plaintiff, which said deed is as ollows: i South Carolina, 5 lorry County. i Know all men by these presents that j . Henry L. Johnson, of the same i Jtate and County aforesaid, have giv- < in, granted and conferred unto my i eloved wife, Mantha Johnson, all my ight, title and claim in a certain t ract of land embracing the house and J plantation where I now reside, conaining one hundred and eighty-four I icres, lying between Joiner and Loosin Swamp, having such shapes and J orms as the original platts and papers represent. Also, I give and coner unto my beloved wife, Mantha .1 fohnson, all my stock of cattle, hogs, i md sheep and household and kitchen 1 'urniture and I hereby warrant and t orever defend the above stated real i i> fgKl ? v0 APRIlTia,1923 ************************** j PUNITY! I ) past. You cannot grasp it | j ne your way. * action. It is the eternal * the warm kiss of the sun. * ife?and live. * >pportunity. When you feel * t ?then do it! All the big I ttte ones of yesterday, and * 8 3portunities. | v Time?it is with you every % t your action?your power to* 2 c ke it your opportunity. Op- $ * s worried many a good man * c He ? c WILL APPEAL ( LUMBER CASE: Directed Verdict by the Court t in The Trial Last Week ! IN 1920 TRANSACTIONS 1 r Time When Prices of Lumber ? Ranged Higher Than ii Ever v (] The court last week tried the case v of J. W. Little & Co., against the Ve- v neer Manufacturing Co., being a suit on an account to recover a balance s claimed as due for some lumber. ^ The Veneer Manufacturing Co., ir a I corporation engaged in mamifactur- s< ing panels for packing canes from thin strips of veneer cut frun gum G and poplar logs, and in making panels S they use a quantity of pi tie lumber m for forming the side.? or edges of the panels. It was this latter class of s' lumber which it is alleged in the com- s nlaint the defendant had purchased IV from the plaintiffs under a contract E or letter which was placed in evidence, tl This letter which constituted the con- w tract between the parties was dated v Mjnrch, 1920, and provided for the d selling to the defendant of the lumber I which plaintiffs would cut from ,a tract A of land in this county, known as the Mishoe & Graham land. tl The contract provided for delivery )} >f the lumber in the year of 1920 . 1T It was a time when the high prices K ^f lumber had not been reduced, that when this contract was made and ei started to be performed. Before the year was out, and before the contract 1 had run out, the prices of lumber had been reduced on all markets, as it aD pears. The defendants set up a counter claim to the effect that the lumber was ? not cut according to specifications and was not stock widths so that they h/ul to throw a lot of it away and that the lumber was not sufficiently dried when delivered and their product was reduced in quality and their contracts ,, lost them money on that account. fj All of the lumber from the Mishoe & Graham tract was not delivered within the ye/ir of 1920, but all of it except two carloads was so delivered. ai Complaints were made, according to N the testimony, about that which was 1? delivered within the year, but it was P kept and used in the factory. The dispute arose, it seems, over paying 0( for the quantity which was not delivered within the year 1020. The rulings of the court on the questions 111 coming up in this case confined the lc tri.nl to that lumber only which was PJ tendered and refused in January, 1921, oi after the year provided for in the con- o1 tract had run out. 1* The three carloads which was re- Pi fused when shipped in January, 1921 ? S> were sold by the plaintiffs to the Con- ni way Lumber Co.,, at a much reduced ai price from that which they were to oi receive from the Veneer Manufactur- P< ing Company. 1* rpu ~ A i. 1 ~ - tJT liit* uciciiditiii muveu ior a non- " suit on the ground that the new con- th tract, or variation of the oroginal contract, whereby a portion of the ium- th ?er was not delivered until after the ai /ear 1020, was executed only by the or secretary of the corporation tfnd that fil w could not bind the corporation in th ;hat respect. This motion was refus- n< id. to Tlie court then directed a verdict' ?or the plaintiff for the amount claim- ai id in the complaint, the selling price p( >f the three carloads delivered in Jan- hj lary, 1921. T h< ind personal property to be at the hi said Mantha Johnson's disposal dur- fil ng her natural lifetime from and H against myself, my heirs, executors, or idministrators and assigns to forever lefend the above mentioned property at into the said Mantha Johnson. th Signed, sealed and delivered in pres- sii jnce of us, this April the 3rd day, ? D., 1872. la H. L. Johnson (L. S.) th X W. Alford, cd her Tulian X Johnson on mark af 2nd. That the defendant, Eddie E. fn Fohnson, has trespassed on and gone se nto possession of a portion of the ands described in the foregoing deed, th o wit: that portion surrounding and pi. ncluding the residence of the said su a til FIELD DAY IS " GREAT SUCCESS \ddress of Governor Thos. G McLeod Feature of Occasion The annual field day exercises of | he Horry County schools began on ast Friday with an oratorical contest , it the Burroughs high school. The big day was last Saturday, * . % - * * vnen tne pupils of the schools, with he teachers, trustees and patrons, ame to Conway in an immense crowd o enjoy the literary and athletic conests of the day. One of the largest ! rowds ever known in Conway at any limilar event, is the way it was de- ! cribed by several. The program v.as : arried out as published in the issue j >f this paper last week. J One big drawing card was the ad- , Iress of Governor Thomas G. McLood. ; le was at his best on both of the cc- j asions when he addressed the Lig : tudience on the subject of education. One interesting feature of the ciay ( vas the showing made by the adult i >upils from the night schools which < lave now closed. These schools tr ade 1 :reat progress in the county last year ] tnder the guidance of Miss Wil Lou irav and Superintendent IS. 0. Allen. t appears that even greater success las been attained this time. Some 1 f the pupils have shown remarkable rogress in learning to read and write 1 n the short term of six weeks during 1 /hich the schools have been running. 1 For the convenience of those who 1 [id not care to bring their lunches < /ith them, sandwiches and cream 1 /ere served on the school grounds. 1 As last year, the parade of the J chools through the streets of Conray was an inspiring sight to behold. 1 t was formed at the Burroughs h'gh 1 chool by townships as follows: Bucks, Conway, Dog BlufT, Fayboro, 1 Gallivants Ferry, Floyds, Green Sea, i impson Creek, Little tfiver. Doar- 1 rood Neck, and Socastee. J The line of march was down Main t treet, along Third avenue, up Laurel t treet to Fifth .avenue; thence to 1 Iain street again and thence to the 1 turroughs high school. At the school i hey were grouped around the yoich 1 ''here the remainder of the exercises r rere carried out, ending by the od- i ress of State Superintendent J. H. lope, and the address of Governor t IcLeod. c One result of the day 's to show lat the schools haw? made wonderful 1 rogress in this county. They are go- s lg ahead at such a rate that the proress can be seen and felt from year i > year as those annual field day ex- " rcises take place. X)ES NOT PAY FOR SOME HATS. t helton Panama Hat Company I Loses in Suit Against ? W. B. Hucks c t The case of the Shelton Panama e at Co., as plaintiff against W. B. ucks, resulted in a verdict in favor S P the defendant. r Mr. Bucks is a merchant, farmer e rid sawmill man of Bucks township, t e has been in business there for a li >ng number of years. The Shelton anama Hat Co., are producers of s ats for sale to the retail merchants i: f the country. H It appeared that the comnanv in St. i ouis received through their sales- e ian, J. F. Powell, two orders for a \ >t of hats, the only difference, apirently, in the two orders being that I le was for shipment at once, and the ther was for shipment on February u *t, the following year. The com- r any had two members of their firm o vorn in St. Louis showing that they f lade up and shipped the first order r id that Mr. Hucks paid for the first t *der; that they made up and ship- a ;d the second order for February ?t, but as to this last order Mr. v ucks did not pay for them but had R ie hats shipped back to the company, s Mr. Hucks alleged in his answer iat this second order was a forgery id that he had never given but the ie order for hats, the one which was led out to be shipped at once; and ^ iat he had paid for these and had \ >t ordered the second lot to come \. ter. T The defendant went on the stand 0 id wrote his name on a piece of pa- a ;r. The two orders claimed by the j< it company were placed in evidence, he defendant said on the stand that f ? had never given any order for the 0 its except the one which had been ^ led at once, and for which he paid, j e said that the signature on the secid order as claimed was not his. Sl The iury listened at this evidence n id returnnd a verdict showing that ey took Mr. Hucks view of the tuation. * te H. L. Johnson and the home of 2 is deponent, and has, forcibly oust- J this olaintifT of her possession. t 3rd. That she has made demands * ? him for the possession of the t oresaid property, and he has re- ^ and pcclorWl to surrender :fc ssion thereof to her; that by reason t m trespass on X e part of the said defendant, this * aintifT has been damaged in the $ m of Five Hundred ($500 00) * s ' I i ~~ NO. 51 i _ GUANOCASES WEliE TRIED Big Verdict is Found Against Graham's on Two Notes COLLATERAL NOTES SUED Witnesses Attend Prom Norfolk, Va., to Testify in These Suits On the docket last week appeared a number of suits brought by the Raugh & Sons Co., fertilizer dealers [>f Norfolk, Va., against G. W. and R. E. L. Graham, two farmers of the Loris community, and suits on collateral notes against W. E. Heneford, W. A. Prince, Olympas Lee, and J. B. Graham, all customers of the Graham Bros., in the purchase of fertilizers in 1020. The suit against G. W. and R. E. L. Graham was on two notes aggregating together more than six thousand iollars. In this case the jury rendered a verdict in favor of the fertilizer people for the sum of $7,171,58. The suit against W. A. Prince re suited in a verdict in favor of the defendant for the reason that he showed tie had not executed the note on which he was sued. This Prince note had been made out direct to Baugh & Sons Co., and then turned over to the fertilizer company by Graham, under the terms of his contract. The defendant testified that he had made a note to the Grahams, hut that it had been made out as payable to the Grahams and not to Baugh & Sons Co. The defendant did not deny owing for the fertilizers, but on the other hand rdnitted this not#>. The Heneford case turned on about the same point. It appeared that the representative of the fertilizer company had gone to Mr. Heneford and isked him to make a new note payable ,o the Grahams, because the note turned over to the representative by h,he Grahams was made payable to .he Baugh & Sons Co., instead of direct to the Grahams. It appeared that [leneford refused to make any new lote and on this the court refused to illow the note to come in evidence. In the case against J. B. Graham he court directed a verdict in favor >f the plaintfT for the sum of $410.00. In the case against Mrs. Olympas ee, a verdict was directed for the sum of $1,380.12. CONWAYPASTOR IS TAKEN ILL The Rev. J. C. Atkinson, pastor of he Conway Methodist church, was aken suddenly ill with appendicitis ecently, but the condition yielded to r)cal applications under the direction f the family physician. As he did not improve it was deided to take him to the hospital in Florence for examination and an opration, if found necessary. He left here at an early hour last Saturday morning, going by autonobile to Marion. Reports from Flornce were to the effect that an operaion would be made at the hospital on ast Sunday. His daughter, Miss Johnnie Atkinon, accompanied him to Florence ard s remaining there during his illness, telegrams were sent to his daughters n riftAvmo U oof f/\ II \J^MI 1 ltt,Y I I C% O vVll VU VW X IU1 ~ nee in order to be near their father n his ordeal. This misfortune cast a gloom over )r. Atkinson's congregation. Each and very one of the members are feeling i keen interest in his wlfare. It is lot thought that he has a serious case >f further than it is necessary to perorm an operation to relieve him from epeated attacks, and it is expected hat the operation will be successful ,t the time of this writing. The pulpit at the Methodist church yas filled last Sunday by the Rev. rtr. Brown, of the Horry Industrial chool. *rs. The complaint was denied. The plaintiff introduced an old deed o Mantha Johnson, dated April 3rd, 872, conveying a tract of 84 acres of *nd to Mantha Johnson for life, etc. t was allepred that E. A. Johnson had usted Mantha Johnson from the 29cre parcel on which the old home is seated. Also a deed from H. L. Johnson to 1. EL Johnson for 29 acres of the ripfinal 84 acres, reserving a life esfite to grantor and his wife, Mantha ohnson. Math Johnson, a son of H. L. Johnon, testified that H. L. Johnson is ow dead and that this 29 acres is a (Continued On Page Eight.) *********** *** ********** Last week the Supreme Court j)c of South Carolina dismissed the * appeal of Edmund D. Bigham 5 which has been pending for sev- * eral months. He will be resen- J tenced in the Florence court to * die in the electric chair. He is j a brother of Dr. Cleveland Big- X ham, who killed his wife at Mur- * rells Inlet some years ago. X ************************* v y'<? !'