Historical Newspapers of South Carolina

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——— THE SUN FRIDAY*' DECEMBER 28, 1987 is* MRS. JOHNSTON IS GIVEN NEW TRIAL Judge M. M. Mann Issues Order For Rehearing In Case Against Local Store Judge M. M. Mann issued an or der on December 15th granting a new trial in the slander case of Mrs. Mar- gurite Johnson' against the Belk- McKnight company as a result of a hearing here at the last term <xf court when Attorneys Blease and Grifith petitioned the court to re open the case which Mrs. Johnson lost as a previous term. The case grew out of a check pre sented to the Belk McKnight company on November 3, 1936 bearing the sig nature of Fred H. Dominick and en dorsed by Mrs. C. W. Johnson. On November 4 the check was presented by the Belk Company at the South Carolina National Bank here and found to be fogery. The following day, or November 5, Mrs. Margurite Johnson was appre hended on the streets here, near the McSwain funeral home and charges lodged against her for uttering tn* forged check. She was bound over by Magistrate Koon to appear at the March term of court to face the for- gery charges. Following the apprehension Mrs. Johnston was taken to the Belk store here where Mrs. Gladys Jacobs ahd Mrs. Ruth Cousins indetified her as the one who passed the check after purchasing a pair of hose. The check was for $6.75. It was alleged by the clerks that Mrs. Johnson bought a 79c pair of hose and was given the difference in cash. Before the March term of court here in which Mrs. Johnson was scheduled to appear to answer the forgery charges the case was with drawn by the Belk company. Sometime in March of this year thr.ee other forged checks were pass ed at Newberry stores by a woman who in each instance bought small articles of merchandise and received cash for the balance of the face of the checks. Mrs. Johnson started suit in March of this year agairtst the Belk-Mc- Knight company seeking to recover damages for alleged slander of her character. The case was tried in the April term of court and resulted in a verdict for the Belk company, or a denial of any damages for Mrs. John son. At this time Mrs. Johnston ap pearing in her own behalf and the only witness to do so, denied that she had issued or uttered the checks and stated she knew nothing about them and was not in the city the day the check was passed. In this trial Mrs. Gladys Jacobs and Mrs. Ruth Cousins postively id entified Mrs. Johnston as the one who passed the check on the Belk concern In July of this year a woman named LaBoon or Griffin was ar rested in Columbia for passing sev eral checks in stores in Columbia and its suburbs. A man named William LaBoon, posing as her husband was also apprehended and held for writ ing the checks. Mrs. LaBoon, or Griffin was arrested when she tried to pass a small check on a suburban grocery in Eua Claire, Columbia, bearing the name of Cole L. Blease on the signature line. The clerk be came suspicious and while the woman was detained by others in tne store he phoned Mr. Blease who told him that he -had issued no such check, whereupon officers were called and the woman arrested. AD of the cheeks passed in Columbia were on prominent people there, including a Catholic priest and the Rev. Karl Kinard, a graduate of Newberry Col lege and now residing in Columbia. Sheriff Tom Fellers and Deputy Hub Quattlebaum thinking the wo man arrested in Columbia might pos sibly be the one issuing checks here investigated her case with the result that warrants were issued for her and her companion charging them with forgeries here. Laboon, and Mrs. LaBoon or Grif fin plead guilty in the September term of court in Richland county for the forgery charges lodged against them there. At the October term of court here the pair plead guilty to passing the four checks here, includ ing the one on the Belk company. La- Boon and his companion are now ser ving four and two year terms, re spectively, in the penitentary. La- Boon was given four years for the Newberry forgeries and the woman two years, both sentences to run con currently with the Richland county sentences. Due to evidence disclosed in the investigation leading to the trial and confession of the LaBoon’s, Mrs. Johnston, through her attorneys ap plied to the court of common pleas for a new trial against the Belk com pany. The motion for a new trial was heard by Judge M. M. Mann on Nov ember 19th. Mrs. Johnston was re presented by Blease and Griffith and the Belk company by Alan Johnstone and Joe. C. Hiott. During the pro ceedings Judge Mann had Mrs. John ston stand before him in different poses vhile he compared her features with J.e picture of Mrs. LaBoon con tained in the exhibits. Attorneys for Mrs. Johnston presented much evidence including many affidavits, testimony of handwriting experts tending to show that the writing on the checks was not that of Mrs. Johnston, and much other edidence. Attorneys for the Belk company presented affidavits from Mrs. Ruth Cousins and Mrs. Gladys Jacobs, clerks at the Belk store, reiterating their conviction that Mrs. Johnston was the woman who presented the check to Mrs. Jacobs at the Belk store. Mrs. Jacobs at the first trial said she had known Mrs. Johnston for four or five years and could not pos sibly be mistaken as to her idenity. Attorney Hiott of the Belk com pany presented an affidavit, or state ment to the effect that he and Mana ger J. N. Beard of the Belk store went to Columbia and interviewed the LaBoon woman at the pentitentiary. It was set out that the woman said she was "double crossed” and denied to them that she had anything to do with the Newberry checks. An af fidavit was prepared to that effect, according to Attorney Hiott, but the woman refused to sign it after talk ing with a penitentiary official. The statement of Mr. Hiott set out that the woman said she had been “double crossed” by the Newberry county of ficers who promised her, she said, immunity, if she would admit the Newberry forgeries. The statement also set out that the woman said she w*- gviiH- to “tell the truth” as she w*s disappointed on returning to Co lumbia and learning that she re ceived sentence in the Newberry court. At this point Judge Mann in terrupted Attorney Hiott to ask if the woman was not sentenced in court at Newberry and knew of this before her return to Columbia. Mr. Hiott said such was the case, adding “but that is what she said.” Attorney Johnstone summed up for the Belk company and Judge Blease for Mrs. Johnston. The “judge” waxed warm and even poetical at times. His words showed that he strongly resent ed the implication of alleged crook edness on the part of Deputy Quattle baum whom he termed “the best de puty sheriff in the state.” Mrs. Estelle Taylor who is employ ed by the Fashion department store and who in the first trial gave evi dence tending to implicate Mrs. John ston made a trip to Columbia with Deputy Quattlebaum to see the La- Boon woman. An affidavit from her was to the effect that she could not be absolutely certain that Mrs. La- Boon was the one who passed the check at the Fashion but after seeing her she was certain that the forger was not Mrs. Johnston. Judge Mann held a week of court at Saluda following his court here and after returing to St. Matthews, his home, went into the case present ed to him here. He studied the vol- umnious evidence for several days, including all material at the first trial and on December 15th passed an or der for a new trial. The new trial will be docketed for the April term of court here and if no appeal is tak en by the Attorneys for the defendant company it will be tried at that time. Xacle-W SHEALY-STOCKMAN WEDDING OF INTEREST Of interest to a wide circle of friends throughout the State is the marriage of Miss Frances Louise Shealy to B. Eugene Stockman which took place Saturday evening at 6 o’clock at the home of the bride’s par ents, Mr. and Mrs. Joe M. Sheaiy, in Pomaria. The ceremony was con ducted by the Rev. Ernest K. Counts, pastor of the bride, in the presence of relatives and intimate friends of the couple. Mrs. Stockman attended the Univer sity of South Carolina. Mr. Stock- man, son of Mr. and Mrs. Moses Stockman of Prosperity, is a graduate of the class of ’SS of Newberry Col lege. He taught in the Bamburg schools last year and now is deputy treasurer of Newberry county. Mr. and Mrs. Stockman are making their home in the city with Mrs. L. M. Wilson. ANNE HENDRIX CELEBRATES BIRTHDAY WITH PARTY Anne Hendrix, small attractive daughter of Mr. and Mrs. Milton Hendrix, celebrated her fourth birth day at the home of her parents on Boundary street Saturday afternoon, She invited 35 of her small girl and boy friends to help her celebrate the occasion. The children played a series of in door games, conducted by Mrs. J. D French. The home was attractively decorated in the Christmas motif. Ice cream and cakes were served late in the afternoon when the group was invited into the dinning room where the table presented a pretty scene in its novelty decorations of minature Christmas trees, Santa Claus, and reindeers. The birthday cake, centering the table, was iced in pastel shades and topped with four burning pink candles. Upon leaving the children were given favors of cellophane bags of candy. DOWN MEMORY LANE 20 YEARS AGO Washington, Dec. 17—The House of Representatives late this after noon passed the national prohibition amendment by a vote of 282 to 128. The advocates of the measure had 8 more votes than were needed to give the necessary majority of those pre sent and voting. A prolonged demon stration from the galleries, partici pated in by Wm. J. Bryan, followed the announcement of the vote. Miss Clara Bowers who teaches at Richberg, is home for the Christmas holidays. In response to the government’s appeal for fuel conservation, the trustees of the city schools have de- sided to lengthen the Christmas holi days to January 7. Messrs. W. G. Houseal, Jr., O. B. Mayer, Jr., and R. W. Sease, mem bers of the freshman class of the State Medical College at Charleston, will spend the holidays at home, the college closing Saturday, to be re sumed January 2. Mr. Herman Langford has returned home after completing the course at the Poughkeepsie, N. Y., Business College. This young honor graduate of Newberry College is now well equiped for clerical work in the com mercial and industrial world, having graduated from two fine institutions. His classical and business qualifica tions, combined with his natural and inherited merits of character, will in sure for him a rare combination of theoretical and practical proficiency. Clerk and Treasurer J. W. Chap man, who has filled this position very efficiently for several years, will be a candidate for reelection. It is not yet known whether or not Mr. Chap man will be opposed. The recently elected city council of Newberry will take the oath of offiice about December 24, and th first duty of the new council will be the elec tion of police officers and clerk ana treasurer for the ensuing year. Misses Lottye Lee and Mattie Half acre leave tomorrow for Wodesboro, N. C-, where they go to spend the holidays with their sister, Mrs. Sam Burns. — Mr. McK Hutchinson was called to Greer to attend the burial of his father, Mr. J. R. Hutchinson, Wednes day morning. He has retudned from his sad mission. His father who was 85 years old, had retired apparently well Monday night, but was found dead Tuesday morning, having died suddenly during the night. THE TELEPHONE GIRL The producer of a local dramatic society was given some final in structions before the curtain went up dm the first rright of the show. "Now don’t forget,” he told the heroine, “when the villain takes you in his arms you have to call out loudly, Oh! oh!, oh, please save me!” But the heroine was a telephone The good ladies of West End - in Newberry certainly took god care of their fighting men.—Green vile News. Then follows an enumeration of the nice things sent the soldiers. With a splendid address at O'Dowds theater yesterday afternoon, Dr. J. Henry Harms, president of New berry College, inaugurated the Flor ence county campaign for new mem bers to the Florence Chapter of the Red Cross. A large audience heard his address. Dr. Harms, always a speaker of unusual force and charm, was at his best and he made the most of his great subject. Before the meeting adjourned many new mem bers were added to the roll.—Flor ence cor. The State 18th. “And the personals are always so interesting.”—A little sentence from a bright and beautiful young lady in another county. Thank you ever so much, you sweet little creature. The personal compliment preceding the above quoted remark we will keep locked up. CATHOLIC MINISTER HERE Rev. Baum Conducts Services Monday The Rev. Charles J. Baum, assist ant pastor of St. Joseph’s Catholic Church, Anderson, spent Sunday night in Newberry. On Monday morning he conducted services for lo cal Catholics at the Wiseman Hotel, celebrating Holy Mass and administ ering the Sacrements of Penance and Holy Communion. Six were present. Father Baum, though having his residence in Anderson, is an occa sional visitor in Newberry since New berry county is a part of the Catho lic mission parish of St. Jcseph’s of Anderson. THIEVES ENTER PAMPLIN’S FILLING STATION AND ROB Thieves employing crow bars en tered Pamplin’s filling station at the intersection of the Greenville and Whitmire roads Thursday night and stole a quantity of merchandise. A reward of $25 has been offered by the sheriff’s office for the apprehen sion of the thieves. More than 6000 cigarettes, several boxes of chewing tobacco, cigars and chewing gum was taken. girl, and she brought down the house when she cried, “Oh double oh, please save me!”—Pearson’s. One of the Joys of Yuletide is the opportunity to put aside the routine and customs of everyday business and in real sincerely wish you a VERY MERRY CHRISTMAS G. B. Summer & Son Health, Happiness, Prosperity, Qood Cheer, Merry Christmas! Happy "New Year! Miss Mattie Adams NO ONE Could wish you a Better Christmas Or a Happier New Year Home Stores MERRY CHRISTMAS! And a wish for your Happiness All through the New Year Newberry Creamery Sincere Good Wishes for Christmas cheer And may the Coming Year Be BrighCwith Happiness Lake’s Machine Shop ,M4Rmi omniMAi May Christmas peace be yours And Christmas pleasures, too And all thruout a glad New Year May joy stay close to you A. J. Bowers, Jr. CHRIST YOU’VE HEARD IT BEFORE! Here’s hoping you will many times again— Merry Christmas! Happy New Year! ;V‘ Ritz Soda Shoppe o With kind remembrances And all Good Wishes for a Q Merry Christmas And a bright New Year -■* Gilder & Weeks