The Bamberg herald. (Bamberg, S.C.) 1891-1972, May 10, 1906, Image 1
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THE BAMBERG HERALD.
Established 1891 BAMBERG, S. C., THURSDAY, MAY 10, 1906 One Dollar a Year
IN THE PALMETTO STATE.
INTERESTING OCCURRENCES OF VARIOUS
* KINDS IN SOUTH CAROLINA.
State News Boiled Down for Quick Reading
Pungent Paragraphs About Men
and Happenings.
Another bank is being organized in
Anderson. It is to be a savings bank,
with a capital of $25,000.
Dr. F. L. Parker has resigned as dean
* of the medical college in Charleston.
His place has not yet been filled.
Mr. Joel E. Brunson, of Sumter, has
announced himself as a candidate for
governor on the prohibition platform.
The city of Orangeburg has voted to
issue bonds to establish a sewerage system.
The town now owns its water and
light plant and will also own the sewerage
system.
The State board of dispensary directors
A have ignored the blacklist of the dispensary
investigating committee and giVeu
an order for glass -to the Carolina Glass
Company, of Columbia.
Chicora College at Greenville has been
placed under the charge of the Presbyterian
church, Dr. S. R. Preston, the
^ former president, wishing to retire from
active work. Dr. S. C. Byrd, of Winnsboro,
has been elected president.
The patrons of Willis school district in
Marlboro county held a public meeting
and voted to sustain the action of the
board of trustees in refusing to use dis>
pensary profits for the school. Only
two patrons voted to use the money.
- ** 1 * ?? T VkArt Wftf O C
' ?TOI. Xiermau JU. opaui Lias jmgu(u cao
instructor of modern languages in the
South Carolina college, to take effect at
the close of the present session. He has accepted
the chair of German language and
literature in the State University of
Oklahoma.
>
L. B. Croxton, a white man, was shot
ty ? '
and killed by Policeman C. T. Hutchinson
in Cheraw last Saturday night while
resisting arrest. Croxton was originally
from Kershaw, Lancaster, county, and
was a dangerous character when drinking.
He attempted to shoot the policeman.
f- ' The Barnwell Democratic convention
declared against higher assessments of
property, compulsory education and immigration,
and demanded that these
questions be made issues in the coming
campaign, to be discussed by candidates
for governor, members of the general assembly,
and State offices.
W. H. Ruff, Jr., teller of the Bank of
Ridgeway, resigned his position recently
and left presumably for the West. After
his departure it was found that he had
embezzled about $25,000. Twenty thousand
dollars of this amount was paid
back by his father, who is president of
the bank, and the balance by the board of
directors. The bank has resumed business.
The railroad commission is after the
Southern Railway in regard to the condition
of its roadbed, lack of motive
power, and weight of rails. The line
from Branchville to Augusta is mentioned
in their complaint. The commission
urges the railroad authorities to fix up
their equipment during the summer so as
to be in position to handle the fall business
satisfactorily.
Had First Chance.
The Honorable John C. Ray, a
prominent citizen of Manchester, N. H.,
and pioneer hosiery manufacturer at
the New Hampshire industrial school,
one fall went squirrel hunting with his
son, Harry C. Ray. In the woods they
separated, and agreed to meet at a certain
place at night.
Squirrels were scarce, and late in the
afternoon the son bought a dozen of a
young farmer he met, in order to outdo
his father. On meeting his father he was
pleased to note that the elder man had
only three small ones.
"Well, father," said Harry, "I guess I
* ?
Deal you out mis um^.
"Well, I don't know," replied the father.
"I could have bought them first if
* . Td been a mind to."
He had met the farmer first.
A woman who was a great tale-bearer
happened to hear one neighbor speak
slightly of another and immediately carried
the words from the first to the second
neighbor claiming that she thought,
as a friend, she ought to let the second
neighbor know what the first was saying.
But instead of thanking the talebearer,
the neighbor said: "It makes no difference
to me how many' rotton eggs my,
neighbor has on his premises, but the
person who carries the decayed hen
fruit to my house and breaks it under my
+ nose is an enemy." A sermon in an egg
shell.
POSTMASTER ROBBED.
G. W. Fouts, postmaster at Riverton,
la,, nearly lost his life and was robbed
of all comfort, according to his letter,
which says: "For 20 years I had chronic
liver complaint, which led to such a severe
case of jaundice that even my finger
nails turned yellow: when my doctor
% prescribed Electric Bitters; which cured
me and have kept me well for 11 years."
Sure cure for biliousness, neuralgia,
weakness and all stomach, liver, kidney
and bladder derangements. A wonderful
tonic. At J. B. Black's and Hoover's
drug store. 50 cents.
PENSION MONEY
Table Showing Distribution By Counties?Spar,
tanburg Leads With $18,839.20.
The following table showing the distribution
by counties of the pension money
presents an interesting comparative
study. Spartanburg, as usual, gets the
biggest slice?$18,839.20?being the most
populous white county in the state.
Beaufort .gets the smallest amount $839.75.
No. Pensioners Am't.
Abbeville 160 $4,132.25
Aiken 318 7,S66.70
Anderson 503 13,286.30
Bamberg 81 1,871.50
Barnwell 153 3,t>By.yo
Beaufort 43 839.75
Berkeley 127 2,743,75
Charleston 150 3.619.60
Cherokee 209 5,719.45
Chester 142 3,907.80
Chesterfield 262 6,703.05
Clarendon 145 3,770.60
Colleton 357 7,955.40
Darlington 220 5,563.30
Dorchester 97 2,011.90
Edgefield 121 3,313.05
Fairfield 124 3,427.90
Florence 200 4,335.80
Georgetown 55 1,201.35
Greenville 456 12,050.65
Greenwood 132 3,445.00
Hampton 212 4,807.25
Horry 240 5,276.65
Kershaw 131 3,362.70
Lancaster 261 6,548.20
Laurens 270 7,479.70
Lee 134 3,432.95
Lexington 246 6,629.50
Marion 252 5,986.45
Marlboro 166 3,871.55
Newberry 173 4,295.00
~ r? AA
uconee zoo i,'w(.w
Orangeburg 218 5,186.10
Pickens 255 6,195.65
Richland 270 6,829.85
Saluda 157 4,221.45
Spartanburg 740 18,839.20
Sumter 134 3,352.30
Union 210 ' 5,811.95
Williamsburg 139 4,051.40
York 358 8,304.05
Total 8,915 $224,186.80
Caught In Driving Wheel.
Barnwell, May 3?A very sad, and in
all probability a fatal, accident occurred
a few miles from here on Mr. Johnson
Black's place yesterday morning about
10:30 o'clock. Mr. Calvin Creech, sonin-law
of Mr. Black, operates a turning
lathe for Mr. Black, the power for which
is obtained from a gasoline engine. At
the time of the accident Messrs. Johnson
Black, Hasiu Black and Calvin Creech
were near the engine. Mr. Creech in
shutting off the eugine in some way got
his left arm caught in the driving wheel
and in an instant was hurled from his
1CCU J3C1UIC I-lie U1UC1S wuiu
give bim any assistance bis arm was broken
and mangled in a dreadful manner
and his skull across the forehead was
badly crushed in and his face lacerated in
several places. Drs. E. L. Patterson and
R. C. Kirkiand were sent for immediately
and have been giving him every possible
attention. It is not expected, however,
that he will recover. Mr. Creech is about
28 years of age, is married and has
two children.
DEATHS FROM APPENDICITIS
decrease in the same ratio that the use of
Dr. King's New Life Pills increases. They
save you from danger and bring quick
and painless release from constipation
and the ills growing out of it. Strength
and vigor always follow their use. Guaranteed
by J. B. Black and Hoover's drug
store. 25c. Try them.
A naval officer had been tried for
drunkenness and the report of the courtmartial
was before Secretary Bonaparte.
Some friends of the officer, who is really
a good fellow and a fine officer but too
popular for his own wellbeing, went before
the Secretary to save him.
ttVAM eno Mr Qn^rofortt coi^ rtno nf
IUU CV/t/j nil. k/WVl VbUlJ ) DUiU vuv V4
them, <lin my opiuion this sentence is unjust.
Do yon know what his trouble is?"
"Yes," said the Secretary. "Thirst."
The storm of Sunday blew a freight
car off the siding on to the main line of
C. N. & L. Railroad near Hilton and a
freight train ran into the obstruction.
The train was badly wrecked but no lives
were lost.
Representative Ryan, of Buffalo, attended
the meeting of the International
Parlimentary Peace Union last night.
"Hello! What are you doing here,
Ryan ?" asked Representative Bartholdt
of Missouri, President of the Union, "I
thought the Irish were always for a free
fight."
"I'm like the Buffalo policeman," Mr.
Ryan said. "He saw a crowd and was
told there was going to be trouble. 'If
there's any one starts a fight here,' the
policeman said, Til shoot him. I'm
against trouble of all kinds.'"
The Whiskey was Released.
The United States govornment has released
the 144 barrels of whiskey seized
some time ago at the State dispensary
and the property or the ueep springs
Distilling company of Savannah. It will
he recalled that the whiskey, valued at
about $30,000, was taken by the revenue
department because of failure to properly
state the tare or gauge and because of
technical violations of the laws on these
points. The proper statement has since
been made to the government and an
order has been received from Washington
to release the whiskey. It will be turned
over to the State dispensary, the purchasers,
if arrangements are so made
with the State board of controi.
COUNTRY NEWS LETTERS.
SOME INTERESTING HAPPENINGS
IN TARIOUS SECTIONS.
News Items Gathered All Around
the Coanty and Elsewhere.
Ehrhardt Etchings.
Ehrhardt, May 7?The schedule on
Ehrhardt and Greenpond branch of the
A. C. L. Ry. Co. went into effect today.
Train left here this morning at 5.40 and
will return this evening at 8 if on time.
This will give us our daily mail one day
late unless they run a noon train as here
tofore. If this is the case all get your
shoe toes in good order for kicking and
all of us will unite in giving one grand
kick.
Members of Mt. Pleasant church have
at last concluded to paint their parson,
age. The committee to have the painting
done is, Messrs. D. C. Copeland, M. A.
Kinard, C. Hartz, and J. W.Jenny. Anyj
one wanting the job can hand in their
bids to these gentlemen on or before the
20th instant, as they want the work to
commence on or soon after that date.
The committee to raise the funds is Misses
Clara Copeland, Dora Kinard, Minnie
Fender and Sophie Copeland.
Rev. P. E. Monroe and little son, Carl,
went on a visit to his folks in North
Carolina last week.
One of our young men in town went to
the old ladies' reunion at Ivanhoe last
week. As soon as he reached town he
spared no time, but weut to hunting up a
jewelry catalogue to order a ring. This
must mean business in a hurry.
~ -r TTT T
Uapt. J. YY . <J eilll)' was iu lunu last
week, and there is a rumor that he intends
buying a house and lot here.
Mr. David Dannelly and family went
to Charleston last week.
Picnics are the go now, one nearly
every week. Two last Saturday and both
were well attended. One at Oak Grove
school and the other in the Colston section.
Oak Grove school closed on Thursday.
Friday night they gave an entertainment
which was a credit to the school and
their able instructor. There was some
speaking on Saturday and plenty of
goodies to eat. ?
Our merchants are taxed to supply the
farmers with hay and corn. Jee.
Govnn News.
Govan, May 9?Hon. G. L. Toole, an
active member of the legislature and a
candidate for congress from the second
district, of Aiken, S. C., will deliver a free
lecture to the public in behalf of the
Woodmen of the World in the school
building on Friday evening, the eighteenth
instant, at half-past eight o'clock,
\ft- TV\Alo hac ? wpII brmron renutation.
and doubtless he will highly entertain
his hearers on this occasion.
Mrs. Lucy Lancaster, who has been
teaching in the Ulmer graded school, returned
home last Friday.
Mrs. B. L. Caughmau, of Columbia, is
visiting her son, Mr. Henry Caughman.
Mr. Henry Free has moved into our little
town, and is occupying the house
formerly occupied by Mr. Jack Hutto.
The commencement sermon of the
Govan high school will be preached by
the Rev. Mr. Billings, of Blackville, on
Sunday night, the twentieth instant. The
commencement exercises will take place
on the following Tuesday night.
There will be a Sunday-school picnic
and children's day services at Salem
Methodist church on Saturday, the nineteenth
instant.
Mrs. L. G. Hay, of Hickory, N. C., and
Miss Sarah Hay, of Springfield, S. C.,
visited the family of Mr. W. A. Hay, last
week.
Mr. and Mrs. J. B. Hunter, of Bamberg,
visited relatives here last Saturday
J O
a LIU CUUua^.
Congratulations to Mr. D. W. Kittrell:
a fine boy.
Miss Rosa Hay is visiting relatives in
Springfield, S. C.
The farmers of this section were delighted
to see the refreshing showers last
Monday. They are about through planting
cotton, and are now watching, with
anxious eyes, the cracking of the soil.
L. A. H.
Country Correspondence.
To all the correspondents of the Herald,
we want to suggest that we should try to
write oftener. Let's write the news of
our locality if ouly one thing of importance
(as each one thinks) happens each
week.
A Sabbath school was organized at Sassafras
Grove school lastSunday afternoon.
Mr. W. M. Hughes was elected superintendent.
We wish each and every one connected
with this work much success.
Measles is entertaining a few of the
Hamoton school children, but they are
doing niceiv.
Miss Georgie Emma Jordan spent last
week with Miss Eva Hauberry, of the
Denmark section.
Capt. and Mrs. J. C. McMillan, of Colston,
spent Sunday night and Monday in
our midst with their daughter, Mrs. J. W.
Hill.
Miss Naomi Sandifer's school will give
it's closing picnic at the Heyward school
house on Tuesday.
The city of Columbia is going to pave
Main street in that city with vitrified
brick. The cost is estimated to be $1.10
per square yard. Why can't Bamberg
pave its Main street?
LAW AS TO CANDIDATES.
Candidates Must Now File "Pledge And Swear to
Itemized Statement of Campaign Expenses.
The following act passed by the legislature
will be of interest to all, especially
candidates. Every man who runs for
office must comply with its provisions:
Section 1. At or before every political
primary election, held by any municipal
party, organization or association, for
the purpose of choosing candidates for
office or the election of delegates to conventions
in this state, any person who
shall by threats or any other form of intimidation,
or promise of money, any oth
er aruuit; 01 vaiue, pxuuuic ux unci, pumise
or endeavor to procure another to vote
for or against any particular candidate
in such election or who shall for any such
consideration, offer to so vote, shall be
guilty of a misdemeanor.
Sec. 2. Every candidate offering for
election, under the provisions of section
1, shall make the following pledge and
file the same with the clerk of the court
of common pleas for the county in which
he is a candidate, unless he should be a
candidate in more than one county, in
which case he shall file same with the
secretary of state before he shall enter
upon his campaign to wit, I, the undersigned
, of the county of , the
state of South Carolina, candidate for the
office of , hereby pledge that I will
not give nor spend money, or use intoxicating
liquors for the purpose of obtaining
or influencing votes, and that I shall
at the conclusion of the campaign and
before the primary election render to the
clerK ol tne court (or secretary 01 state as
hereinbefore provided), under oath, an
itemized statement of all moneys spent
or provided by me during the campaign
for campaign purposes up to that time,
and I further pledge that I will immediately
after the primary election
or elections that I am a candidate^ in,
render an itemized statement, udder
oath, showing all further moneys spent
or provided by me in said election:
Provided that a failure to comply with
this provision shall render such an
election null and void in so far as the
candidate who fails to file the statement
herein required, but shall not affect the
validity of the election of any candidate
complying with this section: And provided
further: That such itemized statement
and pledge shall be open to public
inspection at all times.
Sec. 3. That any violation of the provisions
of this act shall be a misdemeanor,
and any person upon conviction thereof,
shall be fined not less than $100 nor more
than $500 or be imprisoned at hard labor
for not less than one month nor more
*? - i?At. ^
man six monms, or uum uue auu imprisonment,
in the discretion of the
court.
NEGROES RESIST OFFICERS.
Armed Band of Negroes Assisted Ellie Bradley
to Resist Authority of Law.
Barnwell, May 3.?W. P. Sanders, a
magistrate in this county, is up against
a very delicate problem in performing
his'duty of upholding the majesty of the
law. Yesterday morning, Mr. A. J. Bennett,
a well to do farmer from the Baldoc
section of the county, swore out a warrant
before Magistrate Sanders against
Ellie Bradley, a negro, charging him with
breach of trust with fraudulent intent.
Sanders sent his constable, Mr. W. T.
StUl, to arrest Bradley and deputized Mr.
Lucas Bennett to assist in making the arrest.
The two went to the home of Bradley
and attempted to arrest him, Mr. Still
going in the house. Bradley is a powerful
negro and when an attempt was made
to arrest him he resisted. The constable
hit*him on the head with a pair of handcuffs,
causiug the blood to run freely.
Bradley then managed to get away from
the constable and secured his arms and
defied arrest. In the meantime a party
of 25 or 30 negroes began an approach
on the house from all sides, each carry
ing a douDie Darrei gun or a w mcnesier
rifle. It seems that these negroes had
been notified that the constables were
coming to make the arrest and that they
had all armed themselves with guns to
help their pal resist arrest and had secreted
themselves in woods around the house.
They advanced behind trees until within
50 yards of the house, some of the bolder
ones calling out to Bradley inside the
house, "Don't give up, we'll kill them
both if they try to take you."
The gravity of the situation in which
the two constables were placed cannot
be imagined unless one is familiar with
the part of the county in which the trouble
occurred. Down in the southwestern
part of the county in the edge of the
swamp of the Savannah river with an almost
entire negro population, these two
officers of the law were held at bay by an
I armed body of lawless negroes. They
held their ground ior more tuau inree i
hours, hoping for some white man to happen
that way and thinking thereby to
frighten away the negroes who were assisting
their pal to resist the law. After
waiting thus until nearly night they left
the negroes in command ana came back,
reporting the circumstances to Magistrate
Sanders. It was then too late to
attempt to enter their den in the swamp.
Today Magistrate Sanders had warrants
sworn out for every negro in the party,
as all their names were known by the
constables, and he will deputize a sufficient
number of men to go and get them.
BAMBERG COUNTY PENSIONERS.
Names of Those Who Will Receive (he Bounty
of The State This Year, with the Amounts.
Following is the pension list for Bamberg
county. Clerk of Court Free has
received the money, and each applicant
can get same by calling at his office:
class b
Those in this class gets $96.00.
J H Zeigler, Bamberg.
class c. no. 1.
Those in this class get $48.00
Bessinger Calvin, Olar
Cox L L, Denmark
Copeland W R, Denmark
junuana James, camoerg
Kinsall Joseph. Olar
Pelham H R, Hartzog
Sease J D, Olar
Wilson H E, Bamberg
Zeigler J J, Bamberg
class c. no. 2.
Those in this class get $18.85
Behling E C, Denmark
Bessinger J W, Bamberg
Brown H C, Bamberg
Beard H D, Colston
BurbridgeSim, Bamberg
Bessinger William, Bamberg
Brabham B J, Bamberg
Copeland JohnS, Ehrhardt
Carter C K, Midway
Carter Marion, Bamberg
Carter M S, Bamberg
Crider N, Bamberg
Dempsey R C, Bamberg
Eikins C B, Bamberg
Garrett J A, Midway
Gillam J B, Denmark
Hartzog D S, Denmark
Hadwin H N, Denmark
Jones J F, Denmark
Jones j a, rsamoerg
/ Johnson James, Bamberg
Gillam A M, Bamberg
Kinard A, Bamberg
Kirkland J A, Ulmer
Main J E, Olar
McCormack J H, Govan
Neil Louis, Viola
Nix R W, Bamberg
Rush L B, Govan
Richardson J T, Midway
Rowell BAW, Bamberg
8andifer W P, Bamberg
Sandifer F J, Bamberg
Smoak A P, Denmark
Sanders W P, Bamberg
Wilson A, Viola
Williams W W, Bamberg
Weeks T S, Bamberg
Williams S C, Bamberg
Stoudenmire J H, Denmark
class c. no. 3.
Thnsp in this rrlass cet ?24.00
?" ?? w?? o?
. McKenzie Laurenia, Bamberg
class c. no. 4.
Those in this class get $18.85.
All Eliza S, Olar
Boozer Elizabeth, Denmark
Blume Sarah, Ehrhardt
Chassereau Mary E, Ehrhardt
Drawdy Ellen, Denmark
Fail Emily. Denmark
Grimes Emma, Denmark
Gunnells Kizziah, Govan
Gillam Amanda, Govan
Hagins Lavinia, Bamberg
Hair S E, Govan
Hadwin Eliza, Bamberg
Hutto Rachel, Denmark
Hiers M A, Denmark
Hutto Jane E, Denmark
Inabinett, M A Colston
Johns Mary, Midway
Kirkland Harriett, Colston
McFail Sarah W, Bamberg
Morris Eliza, Bamberg
McMillan M A, Bamberg
Morris Elizabeth, Bamberg
Morris Nelly, Bamberg
Proveaux Malinda, Hartzog
Prescott E C, Bamberg
Smoak Rebecca, Bamberg
Tant M E, Bamberg
m & i_ a r> 1
lam oaiau. auu, xaauiucig
Tant Julia, Bamberg
Zeigler J A, Bamberg
mm I
Senator Brice Wins Oat. <
Yorkville, May 7.?Senator J. S. Brice
won out here today over his opponents in
the county convention. His victory was 1
signal and complete. He was re-elected i
chairman and delegate to the State con- ;
vention. For some time past stories have i
been going the rounds that he would be '
defeated by the dispensary advocates on i
account of his being the author of the
Brice Act, under which the recent voting ]
out of the dispensaries were held. All
regular business was attended to in an 1
orderly manner. !
It is an insult to the intelligent voters ,
of the State for a man to seek an office
for which he is totally unprepared. Of
course, in our government every citizen, }
not convicted of crime, has a right to {
seek any office he desires. But it is a dis- <
grace to the State for murderers, although
acquitted, libertines, gamblers and utterly
unprepared men to have the effrontery
to ask for office. It is a shame that there ]
are many men who will vote for them.? ]
Carolina Spartan. <
A MOUNTAIN OF GOLD <
could not bring as much happiness to Mrs. i
Lucia Wilke, of Caroline, Wis., as did ]
one 25c box of Bucklen's Arnica Salve, }
when it completely cured a running sore 1
on her leg, which had tortured her 23 i
years. Greatest antiseptic healer of piles, i
wounds and sores. 25c at J. B. Black's <
and Hoover's drug store, <
OUR COTTON CROP.
Full Report of Number of Bales Grown in
South Carolina Last Year.
Washington, May 7. Full returns of
the South Carolina cotton crop for the
year 1905 by counties have just become
available from the department of commerce
and labor. Orangeburg county
leads the State with a total of 75,355 bales,
Spartanburg, second, with 56,401 bales,
and Anderson, third, with 55,754 bales.
The following table shows exactly the
number of bales raised by each county in
the State during the year:
Abbeville 34,414
Aiken 33,303
Anderson 55,754
Bamberg 22,238
Barnwell 31,349
"Reanfnrfc 3.156
Berkeley...: 17,720
Charleston 10,812
Cherokee 14,311
Chester 25,259
Chesterfield 14,974
Clarendon 30,964
Colleton 14,576 *
Darlington 27,984 >.
Dorchester 8,849
Edgefield 28,802
Fairfield 27,024
Florence 27,756 "
Georgetown 2,406
Greenville 37,269
Greenwood 31,811 . \'*J|
Hampton 19,088 :'j||
Horry 7,158
Kershaw 19,645
Lancaster 22,152
Laurens 43,645
Lee 27,022
Lexington 20,656
Marion 42,738
Manooro 44,370
Newberry 39,453
Oconee 14,254
Orangeburg 75,855 1
Pickena 15,681
Richland 14,391
Saluda 21,173
Spartanburg 56,401 %
Sumter 32,440
Union 18,282 'V"M
Williamsburg 25,178
York ; 87,342
In the number of cotton seed oil mills
in the Southern States, South Carolina
ranks third, with 100 establishments, being
exceeded by Georgia, with 112, and ,
Texas, with 157. Alabama has 58 mills;
Arkansas, 42; Florida, 3; Indian Territory,
14; Kentucky, 13; Louisana, 51; ' ?|
Missippi, 91; Missouri, 4; North Carolina,
43; Oklahoma, 10; Tennessee, 20; and all
other States 7. In 1890 South, Carolina
had seventeen cotton seed oil mills; by 'm
1900 she had increased this number to
fifty, and now has an even hundred.
- 3
When you have that "tired feeling"
and have no energy, try SHAW'S PURE
MALT. It will build you right up. For
sale at the Dispensary.
Decision of Supreme Court
The following is the synopsis of the
decision of the State supreme court in the
Pearlstine insurance case as published in
The State.
T. W. Pearlstine, as trustee for S. W.
Pearlstine, and S. W. Pearlstine, appellants,
vs. Phoenix Insurance company
respondent.?Trust. Proof by parol.
This is an action upon a policy of fire
insurance alleged to have been issued by
the defendant company to T. W. Pearls-tine,
for the sole use, benefit and protection
cf S. W. Pearlstine.
The jury by direction of the circuit
court (Judge Townsend) found for the
defendant, and judgment was entered accoidingly.
The plantiffs appealed.
An express trust in personal property
may be proved by parol evidence. 34 8.
C. 259,13 S. E. 447. . ".M
The circuit court erred in excluding the
policy herein and in excluding testimony
offered to show that said policy, though
on its face issued to T. W. Pearlstine,was
in fact, and with the knowledge of the ;
defendant, issued for the benefit of S. W.
Pearlstine. '
An insurance company cannot avail itself
of provisions, in a policy, that it
should be void if certain facts therein
mentioned as essential to the insurance
3hould be found not to exist, when these
facts were known to the agent not to exist
when the policy was issued through
him, and the knowledge of the agent may
proved by parol.
36 S. C. 273,15 8. E. 233; 48 8. C. 195,26
3. E. 323; 52 8. C. 224; 29 J 8. E. 655; 51
3. C. 181; 28 8. E. 371.
Judgment below reversed and new .
trial ordered. Opinion by Mr. Justice
Woods. Filed April 18
Messrs. Izlar Bros. & Rice for appellate.
Mr John R. Bellineer. Messrs.
Smith, Hammond & Smith ?or respondent.
FORTUNATE MISSOURIANS.
"When I was a druggist, at Livonia,
Mo.," writes T. J. Dwyer, of Graysville,
Mo., "three of my customers were cured
Df consumption by Dr. King's New Discovery,
and are well and strong today.
One was trying to sell his property and
move to Arizona, but after using New
Discovery a short time he found it unnecessary
to do so. I regard Dr. King's
New Discovery as the most wonderful
medicine in existence." Surest cough
and cold cure and throat and lung healer.
Guaranteed by J. B. Black and Hoover's
drug store. 50c and $1. Trial bottle free.
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