Historical Newspapers of South Carolina

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TWCI EK 15 EB VOLMEXLI,NUBE 95 NWBER, OUH CROIN. RIAY NOEMER24 111 * * * .- - -,,-+so,.. aa a twoIanvon ood COMON PLEAS COURT. Court Disposing of Considerable Busi ness-Suits on Notes and Other Cases Tried. The common pleas court, Judge Gage presiding, has been working steadily this week. There are several other cases set for trial, and it is prob able that the entire week will be tak en up in civil business. The criminal court will con.1ene on Monday morn-! ing, the term being for one week. In the common pleas court on Tuesday morning, the case of the Na tional Bank of Newberry vs. J. D. Davenport, P. E. Scott and George Johnstone, suit on a note, was takenl up. The testimony and the arguments! consumed the whole day Tuesday,, and the case was given to the jury late Tuesday afternoon. The jury reached a verdict early Wednesday morning. The verdict was for the plaintiff against all the defendants, but holding Davenport and Johnstone liable as makers of the note, and Scott liable only as endorser for them. The suit was on a note, and the real -fight in the case was between the de fendants, Mr. Scott and Col. Johnstone as to the order of liability of the two, and on the issue7 raised by Scott that -he was not liable at all. The note in question is for $700. -dated July 10, 1909, and due on Au 'gust 10, 1909. The note put in evi dence, and on which the bank -brought suit, is marked "Renewal," and has the name of J. D. Davenport -as maker, with P. E. Scott as payee, and the names .of P. E. Scott and George Johnstone, in the order nam ' ed, as endorsers. Col. Johnstone's contention was to the effect that he had been on previous notes with Davenport, Col. Johnstone being an accommodation maker, and that he refused - longer to allow the use of himself as an accommodation maker, and that bavenport then told him he would get Scott to endorse - a note made by Davenport alone, if Col. Johnstone would endorse as second endorser, which Col. Johnstone agreed to, and that this was done. Col. John -stone stated positively that the word "Renewal" was not on the note when it was drawn up by y.avenport and in spected by Col. Johnstone, and that the note was for the purpose of tak ing up the note on which Col. John-I stone was an accommodation maker -with. Davenport, and relieving Col. Johnstone of liability as an accommo * dation maker. Col. Johnstone said the note was i'hspected Dy iim before it was presented to Scott for endorse mnent, aind that after Scott had en-. dorsed, he then endorsed under Scott's n-me. He said he could not state whether "Renewal" had at that time been put on the note or not. Scott's contention was that he had endorsed the note, with the word "Re newal" upon it, under an understand ing between him and Davenport that the note, was to be left at the National bank for Col. Johnstone's signature as a joint maker with Davenport, the note to be in effect simply a renewal of the prior note on which Davenport and Johnstone were joint makers and Scott the- endorser. Scott said he' would not have endorsed the note otherwise. Davenport testified that -this was the intention, and that - the -note was left at the National bank, af ter Scott's endorsement, for Col. Johnstone's signature as a -joint ac -commodation maker. President Mat -thews, of the National bank, on the -other hand, testified that when the :bank received the note, and it passed over the counters of the bank, that it' was in the condition in which it ap -pears today, with Davenport as mak -er, and Scott and Johnstone as en-1 <dorsers. He said the proceeds of the - 1ote, were applied to take up the for - -mer note. He denied that the note was left with him for the purpose ofj securing Col. Johnstone's name as' joint maker, but stated positively that SCol. Johnstone's name was already on the note as. second endorser when he ~first received it. SDavenport stated that he secured. -the money for which the original pa per was given, and identified written acknowledgments presented him in -which he affirmed that Col. Johnstone Davenport said he had had financial troubles, and for this reason was un able to pay the note. There was no question raised as to the liability of Davenport, and Col. Johnstone admittod liability on his part to the bank, after the liability of Scott. Scott's defence against liability was that'the intention when he endorsed being that Col. Johnstone should sign as joint maker, as understood between him and Davenport wnen he endorsed, and that the bank having notice of this, that he was not liable. Judge Gage in a cear charge gave the law of the case, leaving it to the jury to find one of three verdicts-to decide: (1). Whether all three of the defendants were liable as charged in the complaint;. that is, Davenport first, Scott second, and Johnstone, third; (2), whether only the defen dants Davenport ana Johnstone were liable, Davenport first and Johnstone second; or (3), whether all the defen dants were liable, Davenport and Johnstone as makers and Scott as en dorser. The plaintiff bank was represented by Messrs. Mower anm Bynum; Col. Johnstone was represented by his law partner, Dr, Geo. B. Cromer, and Scott was represented by Messrs. Hunt, Hunt & Hun-ter and Mr. Eugene S. Blease. Another Suit on Note. On Wednesday morning the case of The Mutual Alliance Trust company of New York vs. J. D. Davenport, S. B. Aull and Mrs. Talu A. Aull, suit on a note, was tried. Davenport and S. B. Aull did not deny liability on the note. Mrs. Talu A. Aull denied that her name as endorser on the note was written by her. The note is for $1,500 and had the name of J. D. Davenport as maker, and the names of S. B. Aull and Talu A. Aull as en dorsers. Davenport testied that he had asked S. B. Aull to endorse the note for him, and to get Mrs. Talu A. Aull to endorse the note for him, and that the note was -mailed back to him by S. B. Aull with the two names as endorsers on the note. Davenport tes tied that the signature of Mrs. Aull he would take to be the same signa ture as her name on papers which had passed through the Exchange bank while he was president, which had not been disputed by her. M. L. Spear man, cashier of the Exchange bank, testified that in his opinion the name was the same signatu'e as the signa ture on papers which had passed through his bank undispute!. Mrs. Aull testified that at the time the note was alleged to have been endorsed by her she was in a hospital in Philadel phia, that she was not seeing any one or attending to any business, and she positively denied having endorsed the note. The jury returned a verdict against J. D. Davenport and S. B. Aull, but a 'verdict for Mrs. Talu A. Aull. The plaintiff was represented by Messrs. Johnstone & Cromer, and Mrs. Aull by Messrs. Hunt, Hunt & Hunter. Mrs. Scurry vs. S. A. L. The testimony was taken on Wed nesdaY afternoon in the case of Mrs. Wallace M. Scurry, wife of Jno. R. Scurry, vs. the Seaboard Air Line, suit for $2,000 damages which Mrs. Scurry alleged ~resulted to her from having been put off the train at North, thirty miles south of Columbia, when her ticket read to Ola, thirty miles south of North, Mrs. Scurry alleging that it was through the negligence of the railroad that she got off at the wrong station. She was going to Ehrhardt to visit her daughter, who was sick at the time. She said she got off at North in disagreeable weather, and that she caught cold, and suffered worry and anxiety on account of the delay. She said she remained at North from about 7 o'clock at night until the next train about one o'clock the same night. She said the railroad agent at North was very courteous to her, sending her to a hotel, where she was kindly treated by the proprie tor and his wife, and escorted to her train, and that her son-in-law was waiting for her when she reached Ola, having been infornea ny the agent at North that she had got off at the wrong station and would reach Ola nthe next train. She said when she! ton the train at Columbia, she ask d the cnmdnctor when she gavc him her ticket what time she would reaC Ola, and he told her about seve: o'clock, and that about seven o'cloc: the porter came and got her baggag and she followed him on out, and th conductor assisted her off, and for thi reason, not knowing the stations, sh thought she was at Ola. The case wa given to the jury Thursday morning The plaintiff was represented b Messrs. Johnstone & Cromer, and th defendant by Mr. J. L. Glenn, of Chee ter, and Messrs. Mower & Bynum. The jury returned a verdict for $75 for the plaintiff. Summer vs. Parr. The court on Thursday afternoo was engaged in the trial of the cas of George W. -Summer vs. H. L. Pari suit on a note for $1,000-another c the Davenport noteN, te suit bein brought on an endorsement unde which the plaintiff alleges the defend ant is liable to him. The plaintiff i represented by Messrs. Hunt, Hunt Hunter, and the defendant by Mr. Eu gene S. Blease. THE NEWS OF PROSPERITY. Rev. L S. Caldwell Tenders Resigna tion-W. C. T. U. Contest.-Burnt With Powder. Prosperity, Nov. 23.-Mrs. Canno Blease has returned to Newberry, af ter a visit to Mrs. E. P. Cromer. Miss Bessie Bowers has gone t Greenwood to attend the U. D. C convention. Mr. and Mrs. Clarence Wise spen Sunday with Mrs. C. M. Harmon. Mr. and Mrs. J. H. Wise, Mrs. J. I Lathan, of Little Mountain, an Miss Toy Lathan, of Chapin, wer guests at the Wise hotel Sunday. Mrs. J. C. Schumpert has gone t Augusta to attend the crystal wed ding of Mr. and Mrs. E. Morgan. Mrs. G. Y. Hunter is visiting Mrc M. 0. J. Kreps in Cuiumbia. Mrs. J. A. Simpson has as her gues Mrs. Wm. Johnson, of Newberry. Mrs. A. H. Kohn has returned t Columbia, after a visit to her aun Mrs. E. E. Young. Mrs. W. P. B. Harmon. of Ninet Six, is visiting her son, Dr. G. W. Hax mon. Mrs. A. G. Wise has returned froi several days' stay with friends in Cc lambia. Mr. A. B. Wise is in Ridgeland vis iting his brother, Lawyer J. P. Wis4 Mrs. Wmn. Werts, of Mountville, i spending this week with her daugh ter, Mrs. S. M. Mathis. Mr. Hart Kohn, of Columbia, wi: spend the week-end with Mr: A. I Wise. Mrs. R. E. Shealy and little sor Claude, are spending several week in Augusta. Mrs. L. C. Merchant is visiting i: Newberry. Mr. Charlie Mathis has accepte the position as street car conducto in Greenville. Rev. M. 0. J. Kreps will preach i: Grace church Sunday morning. Mr. E. P. Cromer has 'moved in th Halfacre house on DeWalt avenue. The next lyceum attraction will b Thanksgiving night. Mrs. Minnie Curlee, of Winnsbor< Is visiting her daughter, Mrs. J. E Wheeler. Mr. F. H. Shealy, or Whitmire, i spending a few days with his mnothe1 Mrs. Della Shealy. Mesrs. Raymond Dominick and Gu: Maffett have returned from Bloomnin. Grove, and Lott, Texas. Rev. L. S. Caldwell has resigned a pastor of the A. R. P. church to ac ept the position of secret-ary of th home mission board of the A. R. F synod. The WV. C. T. U. medal contest wi] be given in city hall Friday evening November 24, at 7.30. The six youni lady contestants are: Misses Margue rite Wise, Susie Langford, Mary De Walt Hunter, Ruby Wheeler Bessi. Lee Gibson, Lillie Witherspoon. Mr. J. B. Harmon was painfull: burned by exploding gunl power whilt at a shooting match at +he home o Mr. B. 0. Lovelae o:. Friday after noOn. His many friends will be glat to know that he is improving. All business houses will be c'ose: * THE IDLER. e * **************** *11 s That book mark to which I refer e red had several other bits of good 5 advice and suggestions which I feel a like passing on. For instance, "If b ' people seem unkind, read the fifteenthn chapter of John." This is the chap- t ter of comfort and consolation amid the hatred and persecution of the 0 world. "This is my commandant, That ye love one another, as I have lovedt you." Well, I am not going to preach, b ' but as I have before remarked, a lit e tle good and straight preaching would do good. I mean preaching in ac f cordance with the commandments of love, and not to suit the ones with the r long pocket books who are able to - keep their names from being purged 3 from the church rolls, because the. are able to pay the asessments, and . yet I opine they prorably stand. in greater need of the right sort of r preaching than any other class in the community. They may be able to stand high in the church, but the dan ger is they may be lulled into the con- C sciousness that they can get a seat up there on the same conditions that they get-one down here. Let me tell you, it ain't so, unless the Bible ain't -so. There's all kinds of difference e between the Church-kind of Christian e and the Christ-kind, unless I have read my Bible to no good. Now, don't get the idea that I am setting myself t up as a judge, but I am just making ta observations on things as they pres ent themselves and appear to me. And to throw out a kindly,suggestion now and. then, for the good that it may do, e hoping that somewhere it may touch some soul and lift it to a realization D of the great opportunities which lie before it, and also to warn it of the dangers which are thick on either a ,. side of the road. I heard of a preach er once who said that he hopel to , live to see the day when the church rolls would be purged of all those c r names who did not pay to support the . D church. Well, I guess that is right, but .I was wondering if he drew the distinction between those who gave Y generously, as the world calls giving, and those who gave their mites and cons'idered which one gave the most. a a I wondered if he had ever heard of r - the widow's mite, and how it was con- a sidered. One man may. give a hun-! v - dred dollars and they call him gener- 9 .ous, while another may give only one f dollar, and the world does not con- ~ sider that worth while, and yet he b may be giving more according to the ti scriptural rule than the other. In this c 1world and in this day and time it t: takes money to do everything, but let v me tell you, there is one thing money li Ican't do, and don't you forget that, it r s can't buy you a seat up yonder. Don't ~ you be deceivted. But I am not going b to preach. So you can take what I .y have said or not as you please. It t does not cost you anything. I am 1: r preaching without money and with- t Iout price. e I have received the following: Mr. Idler: I have been so busy thej e Ipast few weeks I havent had time to a write, but want to say a few words I , more. Recently I saw~ a long articlet ? . in the Columbia Record in regard to b old court house an.a une rest room. D s I don't take the Record, but my neigh- e bor brought it over and said, "I seet Newberry is detertnmed to have tihat: o y property." Well, I can't just see it: p ,that way. I don't really think the cit-t a izens of the 'city of Newberry would a s take advantage of us country folks, a - but you said something in yesterday's 3 a article that makes me feel a little ju- ' 'bious. "There is something wrong s with the old town.'' The editor said tI 1 sometime since that IRewberry paid a' P , large part of the taxes. Yes, that is a true, but I am sure Newberry gets U - the benefit of evhery cent paid, in fact, a: - in many instances more. I wonder if t< he knows townships Nos. 4, 9, 10 and c; 11 pays a little taxes. Please inform s< Shim. Also inform hinm that there are li a numtbers of ladies fro' ithese township w fand many around Ch ppells and Si:- t' - verstreet that never gc' :c Newberry. b: iSo the rest room turns out for a few C after all. You say its not for th'? ia-j hi Sds of Newb.erry and mill villages. g A f:wr ween agono strolled around ti ne store lots. Now, this is the prop rty of the county and, of course, we rouldn't want stores there, but would ke to see a nice little park. If the ew court house had been placed rhere the old one stands I would not dvocate selling any c? the property, ut the old court 'huse property can ever be used for a:-ything that will enefit the majority '- +he people o ae county. Is Newberrv paying the ounty rent for the use of the room sed for a rest room? If not, why not? I am in favor of selling the proper y. Then, some one says what will ecome ofj the monument. Haven't re room enough on the new court Ouse square. Then, some object to tores being built ou old court house t. If the citizens of Newberry pre er a public square o' a park, let them uy it. Years ago I visited a few of ur Southern cities-Atlanta, Mem his, Nashville, Chattanooga, Augusta, avannah, Charleston, etc., and I don't emember seeing a 'public square. I aw a number of small parks, but they rere built by the cities or individuals. ewberry numbers herself among the ities. She should lay aside public quares or be classed witht Pomaria, "rOlsperity, etc. Say, Mr. Idler, I rant to help you out on the park sub lct. You seem to think Newberry hould have the old court house prop rty regardless of what we old coun ry folks think or say. Now, one 'of ie most beautiful pieces of property i your city is the Johnstone proper F. There are several acres in this nd it already has - beautiful shade rees. It would not require a great eal of money to make this one of the 1ost beautiful parks in the State. ow, I imagine the only way to get , would be to confiscate it. If you an take the old court house property ou can certainly get the Johnstone ark in the same manner. Come cross Mr. Idler and lets sell the prop rty and use the money in a way thai rill benefit the county-the whole ounty, a great deal more than a rest oom or anything else the. old build ag can be used for. Uncle Briggs. -0 I would have Uincle Briggs and the alance of them to understand that]I m from the country myself, but I am ot narrow enough to try to raise ny issue of country against town or ice versa--Is that right?-well, if it Snot I want it understood that I am or the whiole county, and that what elongs to the town, so far as public elongs to the country belongs to the wn, so far as public matters are oncerned, and what helps one helps b.e other and vice versa, or ords to that effect. And besides, :does not matter a copper cent to 1e personally what is done with the d court house or the public squarei; ut I try to look out for the genera' relfare, and as I see it the best thing lat can be done is to make a public lbrary out of the old court house anc ry to give Uncle Briggs and the bal nce of them a little liberal and broad ulture. I doubt if there is a man or roman or child in Newberry count ness it be an infant, who has not t some time been to the court ouse. There are hundreds of peo le all over the county who will never ave use for the steel bridge down in ro. 9 and yet all the people were tax d to help build it and it was right at they should and I was in favor f it. *No doubt there are lots of peo le in Newberry who do not know that steel bridge was built at Island Ford nd that Newberry paid a part and 1 the people are taxed for it and rill never use it and yet it was right. he day is passed for a narrow and lfish spirit and I have been trying > tell you and all the rest of the peo le that a few paltry dollars was not 1 of life any way.. Now, come along, nele Briggs, and let us get together nd get your Uncle Andrew Carnegie >give us $50,000 to fit up the old >urt house building and the public luare and have a ;first class public brary. I think I saw the other day here he was going to give about venty million more for Carnegie li raries. We might have to call it arnegie but what. mauers that if we re the library? Come on now, be >od and generous once in your life me. You wil feel better and it will --e So far as the rest room is concerned If the ladies from the country don't take advantage of it it is their loss, for it certainly is a nice place for them to rest and warm and refresh them selvies, and I undorstand, they can also be entertained. But I am a Demo crat and will abide any decision the people of the county make as to this matter. Sell the property, and make a livery stable or stores or a park or anything else they want. I can stand it if they can. I will remark, however, that the desire to get money out .of this is only another symptom of tjie commercial tendency of the age-which is to be deplored. The Idler. NEWS OF WHITMTRE. Mr. and Mrs. J. M. Suber Entertain -Many People Coming and Going. Whitmire, Nov. 23.-Miss Minnie Childs, of Hendersonville, N. C., Is spending some time with her sister, Mrs. H. K. Boyd. Mr. J. C. Stone, of Anderson, IS clerking for the Glenn-Lowry Manu facturing company. Mrs. Jno. R. Rosebro and children spent the week-end with the Ratch fords, at Carlisle. Rev. Jno. R. Rosebro filled his ap pointments Sabbath at Santuck and Carlisle and returned home Monday with Mrs. Rosebro and the children. Mr. Will Mason and Mrs. Maggie Davidson, of Clinton, spent the week end with their sister, Mrs. S. I& Gary. Mr. G. H. Leitner was called to his home in Augusta Monday on account of the illness of his mother. Miss Lucy Wren, after- a stay of several months with her cousin, Mrs. A. J. Holt, has returned to her home in Smithvl4lle, Ga. Mrs. McWiburn, after a pleasant stay. with her sister, \ Mrs. Wi. Duckett, has returned to her home -in Union. Mr. and Mrs. J. E. Cofield spent last week with their son, Mr. George Co field, of Carlisle. Mr. Clough Rice and sister,- Miss Frances Rice, . spent the . week-end with their parents at Coronaca. Miss Myrtle Suber, of 4)ie Colum bla Female college, came up Saturday to spend a few days with her parents. In order to make the occasion a. hap py and long to be remembered one, ier mother had prepared for her an elegant dinner and a number of her friends spent a happy day with her at the beautiful country home of her father, Mr. Jno. M. Suber. The following guests were present: Messrs. Hassel and Henry Miller, Wil lam, Tom and Broaddus Scott, Sam Young, Otis Suber, Alpheus Watson, Herndon Andrews, C. H. Cooper, Jno. Stokes and T. J. Abramns; Misses Lula Donnan, Lena Young, Kate Hargrove and Bertha McCarley. Mr. R. S. Wilson made an assign ment in favor of his creditors last week to Mr. S. B. Sims. '"Mr. Sims sold the stock of goods Saturday to Mr. F. H. Burns for the store of the Glenn Lowry Manufacturing .comnpany. MBrs. P. B. Odell and Mrs. Samuel Spray spent Sabbath with relatives in the Odell neighborhood. Mr .E. Jeter and son, Elbert, MistedCi brother, Mr. S. A. Jeter, recently. Miss Bessie Dillard, of Clinton, is spending some time at the Finney ho-~ The Ladles' Foreign Missionary so ciety will meet on Tuesday evening at the home of Mrs. M. E. Abrams. Mr. Will Gist, of Carlisle, was In town last week. Rev. J. C. Roper preached In the Methodist church here at 11 a. mn. Sab bath and at Mt. Tabor at 3 p. mn. He held the fourth quarterly conferenCe in the church here Tuesday morning. Mr. and Mrs. Jas. Baker and Miss Molie Baker spent the Sabbath with their parents in the country. Nita. Pulaski Lodge, No. 20, I. 0. 0. F. Pulaski lodge, No. 20, I. 0. 0. F., will meet in Klettner's- Hall Friday evening, November 24, at 8 o'clock. All members are requested to attend. J. Y. Jones. IW. G. Peterson, 'N6bid-Gi-ii.