The herald and news. (Newberry S.C.) 1903-1937, December 05, 1905, Page 2, Image 2
DUNGAN DENIES
HE IS I BANKRUP]
SAYS HE OWES MILLS BU'
THEY ALSO OWE HIM.
No Preferred Creditors-Though H,
Did Deliver Certain Deeds to
Lands in Union County to
Various Parties.
The answer of ex-President Thom
as C. Duncan, of the Union and Buf
falo cotton mills, in the bankruptc,
proceedings instituted agains him re
cently, was filed in the United State
district court last week, in which th
deposed mill president, who wa
charged with deeding his property t<
his wife and others, denies many o
the allegations which are made an<
finally asserts that he is solvent, pray
ing -a hearing of the court to deter
mine the cause.
The answer was made on the fina
day, allowed by law, being filed bi
Attorney 3. P. K. Bryan and J. S
Munro, of Union. The order citing
Duncan to show cause why he shoult
not be judged a bankrupt was mad<
returnable last Monday, btr under th<
custom of the court, he had five day:
'to make reply, and the answer wa.
only sent in Saturday afternoon.
Duncan denies that he is inldebte
to the Union cotton mills in th<
amoun alleged, but admits that he i.
indebted to the mills on open accoun1
in -an amount to be accurately ascer
tained upon an accounting, but in
sum less than the amount claimed.
He also alleges that the Union mill.
are indebted to -him on its promissor3
note and open account in the sum o
$28,700 and upwards. He denies thai
he is indebted to the Buffalo mills and
-alleges that the Buffalo mills are in
debted to him in a large amount to be
ascertained on accounting.
By reason of his liability as accom
modation endorser- for the Union and
Buffalo mills and also by reason ol
his liability as surety and liability ol
his property, as security for the debti
of the Union and Buffalo mills, the i!
not in equity indebted in any sum tc
The Union and Buffaht mills.
Duncan admits 'that the Exchange
Banking and Trust company 'holdsa
pr/>missory note, which is due and
~~-payable, but denies 'that after the de
duction of all of the security held
therefor, there is due and payable al
leadst the sum of $i,ooo.
Tnhe petition. admits that Duncat
did make, execute and deliver th<
deeds of lands in Union and Spartan.
Sburg counties, 'to various parties, a:
charged in th'e seventh, eight, ninth
tenth, eleventh and twelfth paragraphs
but he denies 'the other allegations
-which are contained, relating to pref
erence of creditors, etc.
Duncan 'denies the thirteenth para
graph, that 'the deeds were given fou
~j months previous to the filing of th
bankruptcy proceedings, on Novenm
ber 13 last. He admits, however, tha
he did from time to time pay to on,
or more creditors certain moneys, an<
transferred 'to them certain property
between July 15 and November i8, de
nying other allegations of insolvency
In the course of procedure, tb
court will now name a. time for :th
hearing, convenient to the attorney
in the case, if it is to .be 'heard in equi
ty, or if it is desired that the caus
shall be heard before a jury, then.
time will be fixed, when a jury is sii
INAUGURAL DATE
TO BE CHANGEE
Washington, November 23.-Th
last Thursday of April was 'decide
upon today at the meeting of the na
tionral coimmittee on proposed chang
of inauguration day, as thei day to re<
ommend 'to congress for .future presi
K dential inaugurations.
Thirty-one governors expresse
themselves definitely regarding a pr<
posed change in date of inauguratic
day. Two-thirds of these favored ti
last Thursday in April, and the r<
maining one-third were dividedi
-their opinions bletween the 30th<
April and some date in May.
Among 'the governors .who- expres:
ed their views in writing were Jelk
of Alabama; Broward, Florida; Ter
rell, of Georgia; Blanchard, Lousianm
-Glenn, of North Carolina; Cox, Tfer
nessee -and Montague, of Virginia.
lIt is the early husband who catche
a glimpse of his wife's true complex
SECRETARY F. H. WESTU
Writes a Letter on the Price of Co
ton-Urges Farmers to Stand
Pat.
Columbia, November 22.-Mr. Frai
cis H. Weston, who is now in charg
of the office of the South Carolin
Co;vton Grdwers' association, whil
President E. D. Smith is out in Texa
pushing the fight and getting the wor
- planned for next year, has given ot
- an important card to the press of tb
state, which ought 'to be of especi;
interest. He writes as follows:
-To the Farmers of' South Carolin
In the absence of our state pres
5 dent, Mr. E. D. Smith, who is no,
) canvassing Texas in the interest (
f the Southern Co;rton association, I d(
I sire to say a few words to you in re
- erence to the appeal that has recentl
- been made to you by the central :
fice, at Atlanta, to hold your cotto
I for higher prices. Lert me remind yo
that in every instance in which th
association has joined issues wit
those who were fighting to secur
I your cotton at their prices you hav
won -a brilliant victory. lhe same pec
ple who are urging you to part wit
your cotton predicted that ten cent
would not be secured as demanded b
the New Orleans convention -for th
cotton iheld in the south. By unit
of action and taking the advice of th
association, in the face of a fourtee
million bale crop you secured te
cents for your cotton. When yo
were appealed to to reduce your acre
age and fertilizers it was predicted b
the same crowd -that you would b
treacherous. towards each other an
increase both acreage and fertilizer:
This slander upon the southern farm
ers was disposed of by the govern
ment reporit on acreage. When thos
that you intrusted with your interes
were convinced that the depart-men
of agriculture was being used to you
detriment, and we felt i.t our duty t
attack it, we were ridiculed and jeere
at; nevertheless we proved beyon
doubt every accusation we mad
against the department and showe
it to be thoroughly rot-ten. When ou
estimate of the crop 'for 1905 wa
'made. and in view of the short cro~
we asked that the farmers 'be paid
minimum price of 11 cents for thei
-cotton, you 'heard on all sides that -thi
was too much; yet throughout th
south that price has 'been paid. - Th
estim'ate oif the association has agai:
been confirmed by the ginners' re
port, 'which has jus:t 'been issued. 1
Ithe spinne.rs of 'the :world are noa
made t'o p'ay more for their cotto
whose fault is it? They 'had amp!
opportunity to go into the market an
buy at 11 cents, yet :they preferred t
- believe the predictions of T'heodor
Price, and campaign was inaugurate
'which had for its object t'he stampe(
ing of the far:mers o:f the south. A
rep'orts 'confirm the association t'hs
co-tton is worth more than 11 cen1
and in the near future .will bring mox
than 11 cents. The question is sin
ply (this: Who shall get the 'benefit<
this advanced price? W\e appeal t
you to sign the pledges 'that have bee
sent out and stand by 'the associatic
in this fight. All this talk of cripplin
and ruining the m'anu,facturing inte
ests is veritaible botch. If the manm
facturer has to pay more for his ra
material he will receive more for 'h
finished product, unless rthat finish<
product is 'higher 'than some other a
ticle which can be substituted for i'
use. Wool, linen and silk are t
competitors 'of cotton goods and the'
is~ a l'on'g distance 'between those a
-. :icles and c.otton 'goods, where the ra
material 'would not cost the spinn<
d more than 12 1-2 cenlts; if he has
-pay 15 cents for the cotton now in ti
:e hands of the :farmers. Those wi
-have seen fit to consistently and pe
-sistently advise the farmers to tu:
loose their cotton 'for price's fss the
d those fixed 'by the association mu
- now answer the individuals and tl
l south who has been despoiled of m
ie lions 'of 'dollars 'while ifollowing the
"advice. The Southern Cot.ton associ
n tion wishes to fix a s:taple price f<
cotton; this can only 'be accomplish<
by the spinners dealing direct 'with ti
association. We s:tand ready to me
5, the spinners whenever they desire
-Stand 'by the association; it has nev
;advised you t'o' 'do anything t'hat w
contrary to your interest; ignore t'1
advice of t'hose 'who have only brougJ
loss 'to you and you will aid in r,
turing to the southland millions<
.dollars of ,which she has 'been unj'us
.. robbed. T+ must he demnstrate
to thev orld that he pro(ucers pro
po. e to fix the price ()f their cotton.
I appeal to the zealous. intelligent and
patriotic county officers and the rank
and file throughout this state to car
ry on this fight with all the zeal and
energy that you are capable of. We
are not responsible for this fight; we
e entered into it for the purpose of pro
a tecting our cotton, the price of which
e was being iforced down, without any
s reason -for. i:E whatsoever, and "damn
k Tbe he who first cries hold, enough."
it - Francis H. Weston,
e Secretary S. C. Division S. C. A.
LI November 22, 1905.
THE PEABODY FUND.
Ngt Yet Distributed-When It Is
Winthrop College Will Get Good
Slice.
y
The Peabody board has sent Super
n intendent of Education Martin $2,ooo
u for Winthrop college and che money
e will be turned over to that institution
h at once. The receipt of this check
e from Dr. Green, the secretary, indi
e cates that the board will not discrib
ute any of the funds this year as was
L at first thought and that the Peabody
s college at Nashville will not get The
y $i,ooo,ooo as was first thought.
e A letter received by Mr. Martin
y gives the cause of this. It seems that
e there is now about $2,ooo,ooo in the
. -hands of the board and i' was pro
,1 posed that half of this be given to the
u Nashville college and the other be
- distributed in the southern states.
y The money was to be given to Nash
e ville on the condition That that city
I give $250,000 and the state give a like
. amount. For some reason the Ten
- nessee legislature refused,to .give the
- money direct, but promised to give
e $25,ooo a year for ten years. This
t did not please the trustees and it has
t been decided to distribute simply the
r interest on the amount as heretofore..
> The board, however, has before it
I a -proposition by President Fish of
I the Illipois Central Railroad offering
e io be one of twenty-five to give
I $io.ooo each to make up this amount
r demanded by the board. If this is ac
sj cepted South Carolina 'will come in
Sfor a very large share of the balance
a of the money and it is expected 'that
r the Winthrop college will get several
s thousand dollars more than any of
e the other southern colleges, as Pres
e ident Johnson is constantly in touch
i with the members of the board. The
- 'board will meet some time in January
f when the offer of President Fish will
v come up and the outcome will be
a watched with-interest.
d Did She Accept or Reject Him?
0 Kansas City Star.
e She was standing on a. Westport
d corner waiting for a car when he
-stopped to chat with her. The sub
1 ject of engagements calme up "
t girl friend of mine once had an aw
: ful experience'' said she. Kate hnad
e young man, whom I'll call Tom, for
k several years. Two or three times he
>f had asked her to~ marry him, but s'.
o had withheld her answer. One day
n he was appointed to a position in an
n Eastrern city. That night 'he called on
g Kate and asked her again to marry
r him.
- "'I need a little time to think it
W over,' she said.
i's " 'I leave tomorrow,' said Tom.
4I " 'Well, tomorrow night I'll mail
r you a letter giving you my answer,'
t said Kate. Tom went away and the
te next day left the city. Kate 'thought
-e the matter over until late in the night
r- Then she decided upon a plan. She
w would write two letcters to Tom,. seal
er them, address and stamp them. 'They
t would look exactly alike. One would
ie accept his proposal and the other
t would reject it. She would place
r- them in the pocket of her coa:t, go to
yna train and just as ic started she would
L throw one letter aboard the mail car
st without trying to see which it was
ie Kate carried out 'her plan. She went
-to the union depot and just as an east~
ir bound train started threw one letter
a- aboard. Then she rushed 'back into
r the depot and opened the other letter
:to see 'how fare 'had decided it for 'her.
ie With a scream she dropped into a seat
et and almost fainted."
it. At this point the car stopped and
er ,the girl stepped aboard. "Did she ac
E cept him?" asked the man on the cor
ener as the car 'startred.
:r. The girl replied, but her words were
"drowned 'by the rumble of the car.
yf ______________
t- Marriage opens a few eyes and
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Its peculiar LEGAL organization
Insurance Company in America. It I
the Greatest G.arantees written in th
pany at less cost. Its non-participati
company, doing business in this sectio
The followiiga re the RATFPXer
ing plan.
Age. Whole Life 20 Payment Life. 1
20 $14.65 $22.60
21 1500 22.95
22 15.35 23.30
23 15.70 2370
24 16.05 2410
25 -.1645 24 b5
26 1685 2500
27 17,30 2545
28 17.75 2590
29 1825 26.40
30 18.75 2695
31 19.25 27.50
32 19.80 28.05
33 20.40 2860
34 21.05 29.20
35 21.70 2985
36 22.40 3050
37 23.15 31.20
38 23.90 31.95
39 24.75 32.70
40 25.60 33.50
41 25.55 34.35
42 . 27.55 35.25
Call to see us. ROBE
Office over Post Office.
FOR BARGAI
IN
FURNI
ANI
HOUSEHOL
COME
Kibler, De'
Good line
with artist
stamped on
for burning.
Going at 1-3
Regular
SEOUR HOI
Pnrst
Bags,
Silvei
Cutle:
Book:
INSURANCE COM
makes it the STRONGE
s nearly 40 years old. I
e Policies of any Insuranc
ig rates are LESS than any
5r,ooo on NON-PARTICIP
ge. Whole Life 20 Paynicnt Li
43 28.60 M6 20
44 29.70 37 20
45 3090 3825
46 3215 39.25
47 33.50 . 40.50
48 34 95 4L75
49 36.50 43.
50 38.15' 4450
3990 46 00
52 41.75 47.60
53 43 75 49.30
54 45.85 51.15
,5 48 10 53.10
56 5050 ' 55.20
57 53.10 57.45
58 55.85 59.85
59 5880 62.45
60 6195 65.25
61 65.30 68.16
62 68.92 71.45
63 73.80 7495
64 7835 78.76
65 81.50 83.20
RT NORRIS, Gen'1 Agt.,
. Newberry, S. C.
NS
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D GOODS
TO
ni s&Co
of pieces
ic design
each ready
less than
price.
.IDAY LINE!
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i,.etc.