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Th VOL. 23. NO. 44. SEMI-WEEK " NON-SUIT GRANTED | 0VI IN INSURANCE CASE . " TI?o Not Duty of Company to Tender s< Contract Other Than That Applied For. John SkiDDer C.OES TO SUPREME COURT Horton, Gary E ' Eaile, II Much-Tried Case Will Again Be \v. b. Heard by State's Highest Tri- w,n bunal for Settlement of Im- vvmiani , portant Points. Hough, Horton, lings, S The case of H. T. Williams, admin- Robert istrator of Margaret E. Williams, vs. cius B< i the Philadelphia Life Insurance com- mer So pany, which was being heard in the A(*ams, Oommon Pleas court when The ... Wo s News went to press Tuesday, involves . ... . . purchas some points of general interest not pjaye(j , only locally, but even beyond the w|iere . borders of the State. The case went . pear at to the supreme court at its April, . , ,? school 1916, term on demurrer. Errors were . , given b found in the trial below and a new . Lancast trial granted. It was this second ^ ^ trial which was held here this week, ' ,, ? ' at all. the court granting a non-suit. R S St The facts in the case brought out j r by the evidence show that the rtppli- w s f cant for life Insurance applied for jyjax q $5,000 insurance on her life on ^y r 5 what is known as "Term insurance." ^ ^ The agent writing the application <'ash was her husband and the general jra r j agent the Gordon Ihsurance and In- j r p vestment company, of Monroe. N. C. vV'addy The company rejected the application \y f r for term insurance, but issued and jno ^ sent to the general agent "for deliv- j m I ery," a policy for $2,000 on the a J Cl twenty year endowment plan, on yy f ( wjjieh the annual premium was yy p ] 1101.06, while on $5,000 term In- Geo. B aurance the premium was only George $80.50. The policy was not delivered Gtt8h. or tendered for delivery but was re- B cnm turned by the general agent to the prank home ofTlce In Philadelphia for ran- B g U rellation. The policy is dated De- yy jj eember 28. 1917, and was returned H. (' to the company some time In Jan- ,^nsh uary. March 6. Mrs. Williams died. jos_ \\t f April 12. Mr. Williams wired the R p p companv to ask what had been done j B yj about the policy and was advised of Hirs< the above fa^ts.. together with the ^ j H statement that the company would bo j (. j, f glad to re-instate ^he policy, pro- yy g g vided the "green health certificate j >p ^ enclosed was properly executed." B p p A good portion of the afternoon ? session Tuesday was taken un in ar- *?? * * ' going the admissibility of certain evidence tending to show by parol ^ ngreement waiver of stipulations conta'ned in the application and . 11 , ' In Absc policy as to the payment of prem'um. Judge Ira B. Jones conducting the Was I argument l?r the admission of the evidence, and J. J. Parker, of counsel .for the defendant, opposing it. The court ruled out the evidence on Wash the ground that parol agreement taking r could not contradict a written con- can wat tract, and that the written applies- moment tion merged all agreements. from H Counsel for the defense made a ran ('on motion for non-suit and the court a<*cordii susta'ned it, taking the position that Cermnn it was not the duty of the comnany w"it ft or agent to tender the $2,000 endow- seeming ment policy or any contract other It'ngdon than that applied for. If the policy most di applied for had been issued and de- trals in livery held up, the plaintiff would The I . . . . ?ar tf-k M'l f.. nave nan an anion on contract or "l"" " tort. tiations The case will go to the supreme Tnes8aK<1 court again. ^ay It was stated in Tuesday's paper that the plaintiff's counsel amended . . . , . the del? the complaint to read 'two thou- . sand dollars," (insurance applied (Jne i for). Instead of "ton thousand dol- . , .. .... . . , . original lars,' and this Is the only materia' , . . , ? , ' of ships change In the status of the case to . ? _ States, \ go before the supreme court. , is prepa The rase .la being hard-fought nU|?|tjOI from both sides, thirteen prominent f-.vorap| ^ lawyers being employed. For the rtiSpatcl deferse, Dunne, Morris A Tleckster. ^ad asj<l of Philadelphia; Wilson * Wilson e(| from and Stack and Parker, of Monroe, v.ere ta] and Claud N. Sapp. of Columbia. For making the plaintiff, Jones & Jones, and lnnnv> Willises & Williams & Stewart, of ,hre.ta4 this city. conditio * tho?e 01 LITTLE BOY IS BURNED and aoct TO DEATH IN GAFFNEY Oaffney, March 21.?The little son W of Mr. and Mrs. Everett Patterson. Wash who was playing In the yard at home minlstra caught on fire and was burned to nance c< death before help could reach him. house tr I ie Laps LY. LANCASTE1 IDE SERVICE FLAG n AM|f f A QUI FOR BOYS IN KHAKI MWIi IsAOIll Wn>{ Raised by Friends of SHOT BY 4 se in Service Who Were ??. udcnts of Graded School. "You Can't Trust Too Far," Sla Hllliard, Elliott Springs, Lee When Am , George Fairey Poovey, Her ovey, Julian Ross, Leighton Boyd Horton, Walter Beaty, PHONES TO TH lliott, Thudus Faile- Jethor lodney Bell. Mnllle Ferguson, Requests Xhat Qfl Cauthen, i'aul Koss Moore, ?88 Moore. Cantzon Moore, For Him and 1 Moore. Joe Coulbourne, Steve Without Asking s, Walter McManus, Ben C. ? . . , Bevan Funderburk, Pierce Hearing in rew Strait 'Parks, Hacker BU tafford Graham. Lee McDow, Lexington N C. Beckham, Carl Bennett. Lu; Pranklin Deaderick. snnett, Fred Blaekmon. El- commercial and Sat well. Roscoe Llngle, Fred th|g place wag 8hot a W. F. Stoll, Crawford Culp. day about l o olock Hege. The shooting ubscribe to a fund to defray 8,ttlng room of Hegt e of a Service Flag to be dis- gbotg ,n a? are gak it the Central school building fired by Hege two Q] our boys." whose names ap- Deaderlck R body, ent ?ove, received their high glde and g()ing entjr, training. This tribute is body Deaderlck ru y the citizens of the town of room and fe? from , er with the provision that a tQ the yard and (,ied a >r brother may not subscribe Hege iimnediately t sheriff's office and re .ewait .$1.00 0fflrer be sent for him '>?' of the .lend, "homson . ... ..... 1.00 Brltt.in 1.00 ?" " ? .nilen i.nn ?lvln* the de"1118 ol i n,\ further than to say roxton 1.00 0 j. defense of the hone 't> ' ' . and said "I did what uiicn, u I I .UU gQ would have done." G. Thomson. . 7. 7. [ 5.00 f?'*her that he had tarper ' 50 doad n,an to he th Madra. 7.7 .7 .7 7 1.00 had in the world ai l00(j gQ placed under arrest Iregorv .... .... 50 don t ever have goo< Jregory 7o can t trust them too I Robinson . .50 From the facta gat rastos. . 25 shooting it appears I Parr 50 ter Hege arrived h , . ,25 tfork as manager o lingham 25 Upholstering oompa Hunter.. .. 25 ?lso arrived at th arper. . . . . 25 Words were passed Terry .20 began, to cease only rawford .[ .25 was empty. , , 25 j. T. Iledrick. of th Knight 25 the dead man was a c tiddle. . , , 25 statement saying tlu nckorell,. . . . 25 Iicaderick to his horn h & Sons 1.00 that he had asked E inson 25 homo, though saying Jdwards. . t , 25 view was in mind. Itewman, , 25 Mrs. Hege when i >'1,e 25 cijn0(i to make a stat 'Obinson 25 pxnct nature of the t up to the killing furt r*Jiv i/\rvii>Hi uvr-n that it was of a dona TCH HOATS DELAYED had "purred at a d the shooting. She and her husbi nee of Heply from Holland 1 tha, the pi8tol with v irridoil to Wait Another Day was killed was bough weeks ago and givei to Avoid Dlseourtesy. ,<f(or Mf8 Dea<lerlc dead man, had made lington. March 21.?Plans for l|Pon ,,u' 'ife ^ ?ver Dutch shipping in Amerl- P's,?' appeals to h. ers, were changed at the last flo,n ,1,p w f 1 (>f In the absence of a reply 'n room at * e 1 olland to the Hritish-Ameri- 'nK" land for transfer of the ships Deaderick had beei ig to the agreement which Commercial and Savl y blocked, it was decided to its foundation some < least another day to avoid Several weeks ago h< ; discourtesy to the little ville, where his frien l. which has had one of the said he had gone oi flicult roles among the neu- nervous breakdown, the world war. here Saturday night Tnlted States still awaits final the defendant intin om lx>ndon, where the nego- Asheville trip will fig were conducted. An urgent The dead man was i was sent to London late in o'd and has two chi , asking for a report. about the same age believed that some trouble in children. Deaderick or cabling is responsible for avenue and the Hej ly in transmitting the Dutch Margrave street with adjoining. The dead ivoral acceptance of the member of one of th agreement for the tranafer tnent families. his f? is wanted by the United T. O. Deaderick. of ^ vhlch will accept no less, and Weaverville. He wa red to go ahead with the re- ex-Governor R. B. Gle ling of the tonnage unless a Salem, le reply is received. Press Hege was oommltt? les indicating that Holland out asking for ball. I od that the ships be prohibit- Hm<nnry hearing, whi carrying troops or munitions w|thln a few days an ken to Indicate that she was nP!rai of the dead tm a last effort to placate tier- which has not yet b< in the face of submarine no(h men wpro ge md economic pressure. Such th(> h,Khest e?teem a ns are regarded as being not hflR ,hocked the ^mr f Holland, but of Germany. JrR hflfl R|ncp the kini, irdlngly will be refused. herp # number of yea, "It Is the old, old ar Flnanre lltlls Passes. F ltaper, chief coui ington. March 21.?The ad- "When a married r tlon bill to establish war fl- man for that matterirporation was passed by the relations with another >day 369 to two. ( does so at hie peril." / , V-:" J ^ 2ASTER K, S. C., FRIDAY, MARCH 22, 1918. ER IS [SUIT AGAINST TOWN FRIEND" GOES BY DEFAULT Good Friends First National Bank Gets Verlyer Says diet in Common Pleas Court jsted. For $11 166.32. E SHERIFF OTHER CASES IN COURT [icer Be Sent t. J. Mosier, Sueing Southeri uoes to Jai I Railway for Being Put Off C for Bail ' Train, is Awarded $1,000 Days. Damages. March 21. J. The Common Pleas court for Lancashier of the caster county, which convened Monflngs bank, of day morning. Judge Geo. E. Prince, ,nd killed Tues- of Anderson, presiding, will likely by J. Graham come to a close this afternoon, occurred in the though several cases will be con ?*8 home. Five tinued to the next term. I to have been This morning's session was largef which pierced |y taken up in the trial of F. H. Anerlng the right drews vs. A. B. Ferguson. Sr.. A. R. ely through the Ferguson, Jr., and J. B. Mackorell, shed from the the suit involving an orchestral sold the front porch by plaintiff to defendant and deImost instantly, stroyed in the fire which likewise deelephoned the stroyed the Amuzu theatre at Midquested that an way about two years ago. i, apprising him Other cases disposed of this morning were: ke a statement Lancaster Mercantile company vs. r the shooting, ^ j, |)avis. for recovery on note, that he shot in $354.61. Judgment by default, ir of his home National Bank vs. the Town of any other man Lancaster, for recovery on notes, The slayer said 466. 32. Judgment by default, formerly held H j Mcllwaine vs. Sowers. Ren hoot / i>inn/l V* n I ferred. nd att?r being Ashe vs. Southern Railway. Consaid: "Boys tfnued 1 friends. inu par .. Jones vs. (iregory. hered after the The of C' l) Jones vs" W T that shortly af- "'egory. for recovery on a note ol ome from his *160?. with "??? attorney* f the Southern fe<i8' amounting in all to $1,913.20 my. Deaderick wns taken UP at the opening of court e Hege home. Wednesday morning and the takiny and the tiring of teetlmpny and argument of eoun when the pistol sel' occupied the court's time unti adjournment after six o'clock. Tht , . . judge's charge to the jury was delive bank of which . . , ... ered vester?lay morning, the case go ashier. issued a . . .. . .,,..11 rP1 , ing to the jury at 10 o clock. Hit it Hege invited . , t. rnn OA , verdict was for $1,699.20. Mot 101 e. Hege denies . . . . . . , was made for new trial. An error ol teaderick to his ... , . . ,. computation of interest was after that an nttr Wards discovered amounting tr $10.65. nterviewed. de- . >losier Wins verdict. ement as to the trouble that led T J Mosier VB- the Southern Hail her than to sav "?>' company was the next case call >stic nature and the Pontiff demanding $3.00f ate previous to damages by reason or his being pin off a train at Pineville. X. ('., Jan uarv 29, 1914. although his mileagf ynd both allege . . , , ,, ... . . ... book had been pulled fron vhich Ileaderick 0 < harlottesville, \a.. to Lancaster, S t by Hege some . . , , C. Kvidence was introduced to th< 1 * ft \f ??. llAirn ," T effect that the plaintiff was a student k, wife of th , , . .. , , at the University of Virginia at th< alleged threats . . , . , . A , time, and having received a telegram |-^i | |0f'0 J li o announcing the serious illness of his ive been taken , A1 . . . . . father, he bought a mileage book at a library table , . . . , , , Charlottesville and had the agent me of the kill- ,,,, . , pull 315 miles in exchange for t mileage exchange ticket to Lancas 1 cashier of the }or; tj)e collector on th? Ings bank since (rnjn between Charlottesville and Sight veais ago. n | lot to took up the ticket and did ? left tor Ashe- m)t ,.Ptu|.n jf> giving him a "hat ds at that t ine instead; that lie had to wait n account of a over jn charlotte several hours and He letuined upon hoarding the train another tick( ounsel to.* ?ollector informed him that h< late that the ro?|(j no( i-i<ie on the "hat check.' ure In the caRc. nn(j Wftg fOJ oit>ly ejected from about 35 years (he train at l'lneville. The defenst Idren. liege is offered testimony to show that Moand also ha* a|er jost his ticket in Charlotte* that lived on Fifth he showed it to the ticket collector ?e home is on jusj before reaching Charlotte. i the back lots The taking of testimony was conI man was a eluded at four o'clock yesterday afe state's prom- ternonn and an hour to each side was ither being I)r. >unwed for argument, the jury g<tWeaver college, ting the case about six. their vers a nephew of ,tjrt r^nd at this morning's session atnn. of Winston towing the plaintifT $1,000, actual damages. Motion was made h> id to Jail with- counsel for defendant to set the verto await a pre- diet aside as excessive, and the court ch will be held took the motion under considerad after the fu- tion. in, the date of sen announced #,| hv k\I'K( TKI) TO GKT nerally held in THE PlTTH CASK TODAY nd the tragedy Morganton, March 21.?There was nunity as notb- t|t(]P prospect today that the case of ig of Dr. Payne Oarfteld and Aaron Pitts, charged rs ago. with the murder of Dr. K. A. Henstory." said E. ?pil?,pp would go to the jury before rtsel for Hege. lornorrow M. M. Harshaw, for the nan or single (jpfpnflp occupied most of the morn?has improper 8CRg|on his argument for the man's wife, he defPn,iants. There were seven more attorneys to be heard. T ? ~ T,. . > ? News SUBSCRIP' IMPORTANT DECISIONS CCnF BEING MADE BY BAKER * ^l/Li HI Wnr Secretary Orders Hemgnitio-i ?f Priority in American Aviation Service. Ridge ] of G On board Secretary Baker's Spe- E clal Train, March 21.?Newton I) Baker, the American secretary of 1 war, is making Important decisions INTER in France upon such questions as in his judgment require immediate nc- n tion. He is gathering knowledge ours? for future use upon/many aspects of Cros.* l the situation of the American army. Visit< but problems pressing for a settlement he solves on the spot. Meet] Thus today in the headquarters of one of the American aviation cen- ^ ^ ters. Secretary Baker inquired if all of the host of avhilnrs onn< fiv.i f Tlio I America were first to complete their Women's training in France and if all of them hall yest had been commissioned. The chief terest an of the aviation told the secretary before b< that all of them had not yet, because gravity i of reasons which he explained, had being ac a chance to take their final training. After The secretary went into the sub- C'atchcar jeet. He directed at the conclusion secretarj of the inquiry, with General Persh- the dele ing's approval, that aviators so de- represen layed, should have their coramis- gates, sions, when they were ready for The i them, dated ahead of those awarded District, in America to those who entered the cd over service later, because the men had a opening right to their priority. of the v When the secretary's train came plished 1 into the aviation region, the sky was ing the ] darkly overcast and the clouds were urged to 1 of a blue gray color, which the avia- course c tion observers say constitutes the summer fixed background for seeing air work, will this many monoplanes and biplanes last thro awaited the secretary's arrival upon iy one o the field; then with a rush one after a course another took the air, until toward is locatei the end of the morning, hundred ma- the first ' chines were in (light and every ma- ment of s chine was driven by an American, club. C Individual aviators maneuvers used ed to th in combat, such as reversing the di- lfshment ; rection of the flight by turning edge- minded. - wise upon one wing, or spinning in ^jrs j 1 n AUO /lifoo ?? ' Iiv-Ii iiir-rf were evoiu- epnke ol ? Hons in flotilla formation of fives nien. T1 - after that In squadrons of 15. men. bu "With all these machines in the Women. i air." remarked a French officer, "wo training i see no more than a tenth of what them al T America had in this one section. You tlieni to will soon have no more need for w,?men ) French instruction. We have shown pledge < everything we knew, and your young eminent men have taken to the art with as- Fed' tonishing facility, as well as an- jointure dacity, nerve and resources. The an jndu j danger and difficulties fascinate and gh-is, an L inspire them. I think it must be sc),0,?l f, what you call the sporting spirit." nf the p , "Yes," said one of Mr. Maker's forma to j party, "so many of these men are (j10 Whii direct from colleges and universities. cauon \ * They are football and baseball play- (o y Secretary Baker discussed with ^0rk fo , various of the aviators themselves probleiu ( the difference between the ma- rpg|strat . chines. He brought to the subject I ar0 unaj f much knowledge of detail and imva jn (.onni t ried interests. He spent hours talk- pjan<, fn , ing with the men and examining dens are with them the types of machines. WOrk. a , some of which he saw for the first pleasure I time. . the vice I The c!os'ng incident of the morn- on , ing's air training was a combat and establish j the escape of one plane when at- rjPS (j,rr I tacked. The secretary watched with intense interest. He then visited! meetings , the machine shops and setting-up nj- Jfl(> s) . shops and the storage buildings. He ^Irs j had explained to hint the school of j,ppeiai , organization which include eight ()1 ^parti classes, each with a separate canip. j prosPnt Sharp shooting rivalries exist among waa nrtr{1 . them. stated th The party left with the conviction r]ar0(j v that America's aviation effort is al- orj eedy a powerful one; that it com- pjp Were bines the best to he found in the waj(rd ti French and Brit'sh service in addi- |ion wo, tion to developments and that an or- WPnt j0 gr.">!7nt'or hn? heen created capable rarda ar L of schooling finely tempered air hat- ( vio(ory. r tnlions. I is askin The aviation school in question for furIf hr.s reached 9 7 per cent of its ex- parh 0ixl pected efflc'ency. Graduating c'a1- |j oO. ' j,Ps j,r<> turned out with stendv reg- ^prjj |_ ularity because of the speed with ^strict which the students reach the 1? vel all nt of competent airmen. But this de- (tuention pends. of course, upon the amo >nt couid i of flvirg. which has been uncom Mra ( monly abundant th'? spring. ^ra pc ? I guest ar THKATS M\I?K AGAINST a fpw r( Itl MANIA BY GERMANY thp fed< ' Washington. March 21.?Germany, atated tj has thcatened to impose still renv-' ty oente, ler terms of peace upon Rumania un- tJon ?he 1 less that country agrees to those al-j ready proposed. (C I ) HON $2.00 A YEAR RATION flllRS ERE YESTERDAY District Convention Was renter Interest Than ver Before Known. ESTING ADDRESSES Luncheon Served at Red > Rooms to Members and ors After the Business ing. 1SS GLADYS M. JONES.) tidge District convention of s clubs held in the Masonic erday was one of greater inid enthusiasm than has ever een known on account of the of the work now open and complished by club women, the invocation Mrs. Jas. A. t, of Columbia, was elected r and immediately enrolled Kates. Nineteen clubs were ted by one or more dele.'ice-president of the Ridge Mrs. Leroy Springs, presidthe business meeting. Her address gave a general idea ork which has been accomhroughout this district durmast year. The women we~e take advantage of the short offered to them during the at Winthrop college, which year open on July 8th and ugh the 20th. There is outlier school that offers such in industrial work and that d in Ohio. This district was to meet their apportionIll 50 for the community ongi at ulat ions were extende club women for the estnbof a home for the feeble. L. Ookor, Jr., of Hartsville, r the new era for club whip first call of the year was to l th eseconrl call was to the and their twenty years in club work makes ready to serve and enables i work together. The club had already adopted the aid system before the govbegan to urge such. It was eration who caused the legto appropriate $4 0,000 for strial school for delinquent (1 to take over the industrial iir negroes, which was a pa t enitentiary. and makes a rer.v school similar to that for le people. Compulsory ednsas urged and agreed upon p one special aim in the club r the coming year. This is made necessary since the ion of men, when so many lie to sign their own names, potion with Red Cross work r planting and working garurged. as it is a part of their nd should be considered a Mrs. Coker congratulated -president of the Ridge I)isher wonderful work in the unent of Red Cross auxilia huh coin 111 tinuv. rsne il that the district club , be held in the fall instead pring as now. . W. Allen, State director of federation of women's clubs, inburg, spoke of having been when the State federation ini/.ed twenty years ago. Also lat war had already been de,'hen the federation met at eans last year, yet the peo! very much affected and q see what stand the federntld take. The club women work. signed the pledge id engaged in the work of The work of victory club g for $250,000 to be spent ugh houses behind the line, ib woman is asked to donate This money is to be raised by Eight clubs of the Ridge pledged $1.00 a member and rs promised to consider this and respond as best they lay. of New York, mother of ker. proved an interesting id was called upon to make marks, she having attended ration in New York. She lat schools were a commnnir. She spoke of the inspirahad derived from the sevlentlnued on Page 8)