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Pa*e Eight THE CLINTON CHRONICLE Thursday, September 1,1955 1955 Carolina Textile Baseball Champs r r 4A • v iSw* r i*? r - rr < # Playing on the Hornet team thi* year are: (1. to r.) 1st Row—Truman Owens. Tommy Foy. John ny Moore. Jake Lyerly, Glenn McGee. Bobby Estes, and Darrell Johnson. 2nd Row—W. W. Niver, Jr., business manager, jimmy Clark. Jimmy Braswell. Dan Kirby, manager. Tommy Abrams. Jim my Kirby. Olin Stewart, and Charles Force, scorekeeper. Leonard Price, bat boy, is seated in front. Absent when picture was made were Charles Malpass. Martin Gwinn. Bill Dobbins and Harry Ham ilton. Joanna Wins Flag With Three Straight Joanna s Hornets, rallying for four runs in the eighth inning, roared from behind to down the Ninety Si\ Indians, 6-*2 Friday night to sweep the Carolina Tex-' tile league championship playoffs in three straight games. Righthander Charlie Malpass stunned the Indians on seven scat tered hits, his second win in the championship series. Malpass took Land Suit Decision For Defendants (continued from page 11 corded Dec 31, 1951. The deed to Bevis and associates was dat ed April 1, 1952, for a consider ation of $60,000, according to the order, or about $60 per acre. In his complaint, the plaintiff alleged that under “threats” he was “forced to convey his own father's interest" on the basis of $25 per care and that the defend ants had “already made plans for the disposition of plaintiffs pro perty along with their own" for $60 an acre, and that the plain tiff has been “damaged, and sum of $16,300.34. for which he cheated and defrauded" of the demanded an accounting. In his report the referee 'said that he did not find it necessary to discuss any of the law involv ed in the action “as I am convinc ed that there is not one scintilla of evidence in the entire record to support any of the allegations in the amended complaint.” He did review the evidence at length. the opener on a brilliant one-hit job, and the veteran Johnny Moore won the second game in 13 in nings, 3-2 Truman Owens’ double, after two outs, started the Joanna fire works in the 8th. Owens scored when Clark was safe on the short stop's throwing error and Gwinn .-ingled Jimmy Kirby then un loaded a triple, scoring Clark and Gwinn. Pitcher Malpass’ single On the contrary.” he said, “it was the plaintiff who set in mo tion the chain of events that re sulted in him selling to the de fendants his one-fourth undivid ed interest in the lands by his 1 deed dated Dec. 11, 1951. The plaintiff was occupying the prop erty without paying rent and his two sisters. Mrs. Foster and Mrs. Bailey, were concerned about their parents having no income from the property. Apparently on their request that some ar rangements be made for the pay ment of rent by the plaintiff, he made demand for a partition. He pursued this course and consult ed prominent members of the Laurens Bar concerning it until the sale was consumated “ “The plaintiff” continued the report, "testified ... on questions asked by Mr. Long that on the day the deed was signed that he was in possession of all of his mental faculties, that the defend ants were not present, and that he executed the deed freely and voluntarily and had bruoght his wife to Laurens from Greenville to renounce her dower When the transaction was closed, he was sent Kirby home with final run. Jim Voiselle, Ninety Six man ager and veteran, was charged with the loss. Clyde Simmons, Carolina Tex tile league secretary, presented the league's championship trophy to Joanna following the game in the absence of President J. W. (Pinky) Babb Malpass received the trophy in behalf of the Joanna club. accompanied by his attorney who had represented him since October, 1951, and there was some evidence tha tit was earlier in the year when he retained | counsel.” The referee said that he pre pared the report while the testi mony and evidence w-ere fresh in his mind so that the expense of the .lengthy transcript could be avoided The reference, he point ed out. lasted from 10 a. m. to 6 p. m with only two brief recesses in addition to the lunch hour. He also said that in view of the fact tha tthe plaintiff was a lay man and conducting his own case he permitted great laxity in the rules of evidence, and that a re view of the transcript would clearly reveal that a large por tion of the evidence was inadmis- sable and should not be consider ed by the court. ’ The plaintiff has 10 days in which to file exceptions to the report. 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