The Lancaster news. (Lancaster, S.C.) 1905-current, March 22, 1918, Image 1
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)