The Horry herald. (Conway, S.C.) 1886-1923, November 02, 1905, Image 1

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CIRCULATION 1,700. ( Wo <?iinruiil?M* tlii? Circulation Ito ull A?lvertlMorM. Our (took* ulwajM open lor Inspection. ONE DOLLAR A YEAR, j' VOU XIX. VERDICT DIRECTED i *f> IN THE I)IK\M CASE AGAINST MR. l>ONALD T. IVlcNEILL. BY JUDGE ERNEST GARY. The Court Made Very Slow Projrrc?s and Only One Case Was Tried During the Wliole or the Week. i As tlie Herald went to press last week, the Court of Common Pleas was proceeding with the trial of one of the Purant ?ases, that one against , Mr. Donald T. MeNedl for the roeov cry ot' three and one-ha'f acres of 12 land near the Gully. 1 At the close of the testimony the ! .fudge indicated that as he viewed the ease there was no issue of fact | fur him to submit to the jurv, and | that he would direct the verdict in favor of one side or the other, unless changed by the arguments. The at - ' guments then commenced, Tj. I). 1 hide, Ksqr , opening for the J*1.1 in? tills, lie was followed by Hon. ( Robt. 1>. Scarborough for the de ] fense, who argued the ease at length for the Denfeiuiants and made one of the most masterful arguments ever delivered iti court. Solicitor J Mon- ' roe Johnson closed for the Defense with a very logical argument, and i the J udge announced that he want- ?. ed to hear from the Plaintiff's attorneys as to the nature of one, of the deeds in the chain of title, as the termination of the case depended J upon the nature of that deed. Messrs \V J. Montgomery and L. I), hide then made con vinciug arguments to | show that the deed in question was i not a deed of feoffment with livery of ^ sei/.en. t Judge Gary then explained the case to the jury and held that there was no question of fact for them to . try, that it was purely a question of t law and that the Plaintiffs had per * feet title to the land in dispute, because both Plain tills and Defendants claimed from a common source, and that laying aside the question of common source the Phaintiff's had a perfect title from the State of South Carolina. The Judge stated that he would be glad if he could shift the responsibility from his own shoulders to that of the jury, that he had no interest or personal feeling or bias whatever in the ease, as he had never known the Plaintiff until he saw her in court, and then only met her very casually, but on the other hand ho had known the Defendants and known them very pleasantly. Each step in the trial of the ease was fought inch uy inch by able attorneys, and it created no little interest. The Defendant Mr. McNeill will appeal the case to the Supreme Court of the State, and the settlement of this case in the court of last resort will control the rest of the cases, about thirty in number, and other suits which will likely be brought. Some of the most intricate and abstruse principles of the law of real property are involved in the case, and the decision of the Supreme Court will doubtless bo inter- ^ esting reading. * The Durant case was the only jury s case tried by the court, and all the t other cases are still left on the dock- ^ ets to be tried at some future term, j From this it appears that the court j made very slow progress in clearing the caleudar of the immense amount of work there is on it. The Marion ? and Florence lawyers engaged in the J Durant case left for home on last ; Friday. n I.ltcrary Notes. i ? Elbert Hubbard, famous for his r "one-minute discourses," which of- 1 ten contain more meat than a book c ^ has another miniature essay in the November Cosmopolitan. This time j he writes on "How to Keep Well," j than which no .more important topic | could be discussed. ,, * * * ; In the American Monthly Review s of Reviews for November, the most ?. prominent topics of discussion are, t ?the independent tendency in ( American nolities. as illnstrn.t.r?r1 in i Mr. Jerome's fight for reelectfon in e Now York and in other local cam- t paigns in various part of the country; <] the question of insurance manage- t ment; the meeting of Russia's first ^ parliament, the Duma, and the 1 method of its election; the lessons in t sanitation taught us by Japan's recent war experience; the movement * for church federation in America and England; the contribution made by Jews to our national life (apropos of the two-hundred-and-fiftieth an- 0 niversary of the landing of the first ^ Jews in America); the present eon , dition of rural Ireland, and the y workings of the--new land law; and v the provision for sports and games in the dark play-grounds of our great cities. ^ - * * v Try the Herald. i .< r y.>Vfv> # (1<) LOCAL ITEMS. Fancy price paid for eggs at Jones' Jones' has got the shoes you want. ?-Pay for the Herald when you pay your taxes. ?The wails are up for the new store of S. T. Sessions. ? There was some cloudy and rainy weather last week. ?The first of the week was very Houdy and rainy weather. Such things as you cannot find at other stores, get 'em at Jones' ?Some >f the machinery has been received for the chemical works. ? A largo force of hands are at work doing some grading on Main street. ? Head the large new advertisemenl of the Conwav Bargain House appearing in this issue. ? A crazy negro was brought to Lowi) and lodged in the county jail last Sund ly. ? Next M at lav is salesday and men- ar?; M'VtMMI u?i/al salt's to Ue nade by tla* sheriff. .1 (mics offers ^ooils at a bargain hit in# the next sixty days. Over 1(10 pair allocs at loss than cost. ?Oran^ebuy# f ill festival is at ,rae'in# much attention and all niddle Carolina will tie there. ?Todd A: Ivonard have an advertisement in this issue. Head it and ?end them your orders for mullets. ?-Charleston's city council and dubs will entertian the sea coast iqiiirdron which will winter in the Jity by the Se i. ?The cou??ty Auditor is accom )anyin# the Treasurer on his tax ollectin# tour. He will #ive you ,-oiir receipt for your subscription o the Herald. -Hay your subscription to the ouiity Auditor who is accompanyn# the Treasurer-on his trip over ,he county, and is the authorized i#en1 of the Herald. ? The name of S. VV. (1. SLipp vas accidentally omitted last week roip the published list of attorneys cpfesentin# the plaintiffs in the )a fian t case. ? -Prof. W. A. Prince closed the ierrn of the public school at Do#vood Hill last Friday. He will berin the public school at FinUleaon lext Monday. ?'ouvltui wibiics.ses were nere nisi veel< i? the case of Battle vs. Cape Oeur Lumber Co., but they returned ionic when they learned that the :asc would be continued. ?Dr. J. S. Dusenbury lias purchased certain claims held by D. P. Jreen against the Porter farm rc ently sold at public sale. The mrchase of the claims perfects the atlo. ?-Judge Lewis of Virginia has )ought large timber holdings in this county from Mr. Charles Marthin10nj and it is said that Mr. Lewis is i very good man and will be an adlitiou to the business men of the county. The County Treasurer began his innual tour of the county last Tueslay at Dongola, and he will meet his -arious appointments over the coun,y as published to collect the taxes roiri those who are ready to pay. Io is accompanied by Mr. J. A. ,e\vis, the county Auditor. ? Thci'o was an investigation last iatlirdav in the eniirt nf Mnrriwfi ntn ? " . N. Jenretto in the case of the >tate vs. F. It. Sessions, charged vith perjury under a warrant, sworn >ut by M. Conner. Doth sides were eprosented by attorneys, but the Magistrate after a full hearing disnissed the ease on the ground that he State had failed to make out a :aso. ?-There was a trial at I feme wood ast Monday before Magistrate Dan- i el Grainger between C. A. Causey Maintitf vs. H F. Sellers DefendLnt, as to the ownership of an ox vhich the plaintiff claimed had been old by him to Sellers and mortgaged to secure the purchase money. Vm Lewis, J. D. Zimmerman, F. 3, Jones, C. M Elliott, George {ray and C. M. Lyon were empan lied as a jury to try the issues in he case. The jury returned a verIt.,4 f n tr / it* f 4 l? /L. -- a ' ' 1,1 iwvwi i/l WU Ut'lt'llllilUl) DUli ho court set aside the verdict and granted a new trial of the case. 3oth sides were represented by atorneys from the Conway bar, ' "f iiankftflvlnc Union. There will be a Thanksgiving Un011 service on the Hucksville circuit >n November2drd., at Union church, ^herc will be speeches made by >rominent speakers, also a basket dcoic. All denominations are inited to attend. ?Send your Job printing to the Jerald oHiee when you waut good rork. Satisfaction and prices guaranteed. PlWI NWAY, S. T1IUKS JOHNSON MOVED. COMMANDER JOHNSON WII.L SPEND IllS TIME IN MARION JAIL. Tlic Order Granted for tlic Transfer Here l ast Week hy the .ludifc. Ernest Gary, and Johnson Moved Eridav. Jiid*? ? Erucst Clary, last week, granted an order here providing for the transfer of Commandur Johnson from tlio Ilorrv County jail tc the jail of Marion County or tin State penitentiary as Johnson mi^ht prefer. The Sheriff accompanied by Judtyo II N Sessions, took the prisoner over on Friday evening and Indued him in the jail at Marion . This order was made on t he motion of it. Woft'ord Wait Esqr , Johnson's Attorney, on the ground that the jail here, was not provided with suitable eells, and the prisoner had to be kept chained in his room much to his discomfort. The jail at Marion is provided with steel eells and this nrecaution it is said will not be necessary there. The defense in the cv.se, recently secured an extension of the time allowed by law for perfecting their appeal, and an appeal will be taken in the ease to the Supreme court ?? > 9m DltY COUNTinS Twelve Comities in the State lluve Expressed Tlielr Disapproval or Dispensary. (The Stale.) Twelve counties in the State have ex pressed their disapproval of the dispensary, and only one has favored it. Marlboro and Greenwood have- consistently favored prohibition, and York, Lancaster, Cherokee Horry, Marion, Union, Newberry, Pickens, Oconee and Darlington have voted it out under the provisions of the "Price law.1' Florence by a majority of 71 favored the dispensary, but reports from that county are to the etVect that an election tomorrow would go overwhelmingly the other way, especially since Darlington has voted against the dispensary. Florence was afraid that Darlington would keep the dispensary and it was believed that the dispensary situation would effect trade. As a matter of information the votes in these several elections have been as follows: Anti. For Cherokee.. 1,251 849 Pickens 707 2211 Union 701 412 Newberry 80S 24-1 Marion. ' 1,149 281 York 725 181 ijancasier '?'<(? 12(> Florence... I>88 700 Darlington OHO 271 Horry 882 814 Oconee (partial) 500 80 Total 9,081 8,150 Tho elections were held on tne followings dates: Cherokee, November 8, 1904; Pipkens, May 20, 1905; Union, August 10; Newberry, August 29; Marion, September 18; York, September 20; Lancaster, Florence, Horry, October 8; Darlington , October 10; Oconee October 21. Doiifirola. Editor Herald:?Please allow me space in your valuable paper for a few remarks as we have seen nothing from hero lately. The health of the community is generally good. The Horry union was hold at Pally Swamp on the 28th and 29th the weather was very un ; .\->rable. Among those attending from Myrtle Peach wero VV. T. Todd, J. VV. Cook and G. W. Cannon Celia Owens and lona Owens, M. vV. Cook visited his parents on last Sunday. T, L, Smart is about to complete his new store which will add much to the place. Misses Jennie and Carrie Cook Celia and lona Owens paid Miss Molsie Martin a flying visit on last Sunday. Host wishes to the Herald. Chums. Son Lost Mother. "Consumption runs in our family, and through it 1 lost my mother,'' writes E. E. Roid, of Harmony, Mo. "For the past five years, however, on the slightest sign of a Cough or Cold, I have taken Dr. King's New Discovery for Consumption, which has saved me from serious lung trouble " His mother's death was a sad loss for Mr. Reid, but he learned that lung trouble must not be neglected, and how to euro it Quickest relief and cure for coughs and colds. Price 50c. and #1.00; guaranteed at Norton Drug Co. Trial bottle free. *tf. ; v- ' . ? n IP SJ3AY NOVKMI5KU 2 PURELY PERSONAL -W. I'. Hardee was in town last week. ?W, J . Brown was in town last week . ?(1. Johnson was in town several clays this week. ?Magistrate J. W. Johnson was in town last Tuesday. W . C. Ludlum was ainony those in town one day recently. ? E. K. Skipper spent a day or two in the city last week. ?II. W. Ward paid the otlieo a pleasant call last Tuesday. ?-A. U Singleton was in town t last Tuesday on business. ' ?Magistrate W. F. Holt was ! anions those in town last Tuesday ?w. II. Lawrimoro was in Con way one day the first of this week. ? A. II. Booth visited Newberry last Sunday returning on Tuesday. W. K. Causey and Arch Wilson passed through Conway last Monday. \ I ... . I.' XT 1*1 I ? M?i>. i'j. xm iirum tin u airs. J. A. Norton aMended tho State fair last week. ?Judge Ernest Cury left last Fri day after the adjournment of the court Id. K. Ski jper and \v, M. Slip's visited the city on business last Tuesday, ? L. N. Moore of Moultrie, Oa., is visiting friends and relatives in Con* way and vicinity. ?J. N. Jenorette assisted the clerk of court with his duties during the court last week. ?Mis. J no C. Parker and Miss Carrie I laker spent several days in Con way last week . ?Magistrate W. P. Holt of (lalivants Ferry township was in Conway on business last Tuesday. ?The Uev. (1. W. Catlin has become the owner of the cottage recently vacated by Mr. and Mrs C. E. StAnuind. Dr. Edgar A. Stalvey recently went to Nashville, Tenn., where he will take a further course in tho 1 study of his profession. ?Mrs. F. S. Powell and Mrs. It. A. Baker left last Monday to visit frifnds and relatives in Marion county. Mrs. Powell will visit friends in North Carolina before returning. ? Mrs. Virginia I). Young, one of the plaintiff's in the Dultant cases spent hist week in Conway. She is the editor and owner of the Enterprise, a newspaper published at Fair Fax, S. C. The following gentlemen were in town recently:?R. B. Williams, Doctor Fhipps, U. Stalvey, VV. A. bell, M. Bullock, J. J. Enzor, W. J. Chestnut, A. C. Johnson, W. T. Graham, E. F. Gerrald, U. E. Stanlev, W. II. Vcreen, J. F. Hardee, J. VV. Shackleford, B. T. Holmes, S. M . Cook, J. W. Durant, If. C. Jones, K. C. Gerrald, P. C. Jones, T. M. Sellers, S, A. Tindal, G. B. Eong, 1. P. Mincy, J. W. Gerrald, E. M. Bullard, R. A. Lawrimore, D. F. McGougan, W. J. Brown. M. R. Skipper, O. W. Johnson, E. P. TIarrel- I son, J. A. Hamilton, John M. Elvington, Thos. Patterson, J. M. Butler, H. W. Cannon, J F. Chestnut, E. K. Skipper, G. H. Cooper, J. P. Eudlain, J. J. Smith, J. VV. Hodge, VV. J. Hardee, E. N. Moore, ; VV. P, Hardee, J* E. Harrolson, G. Bucks, G. VV. Roberts, H. F. Skip- i per, I. B. Rabon. M. C. Hughes, VV. M. Grantham, J. M, Harrelson, J. A. Altman, VV. C. Eudlam, J. TJ | Shelly, J. Williamson, J, H. Cook, \. C. O. Grainger and J, K. Floyd. Koad (o bcHxtomlcd I 111 next Tuesday 's issue of The I Observer will appear a notice of an 1 applioutian for a charter the to the i Raleigh and Charleston Railroad Com puny We have no dilinite informa lion as to the plans of this company 5 but publish the following dispatch from Charleston: A commission was issued to the Raleigh and 1 Charleston Company which purposes to extend the Carolina and North 1 ern road which it acqires to the terminals at Raleigh and Charleston. 1 The capital is #850.000 and the corporators are W. C. Miller, R, S. Whaley and W. C. Bissell. Mr Miller said to an evening post reporter that he was unable at this?time to make any statmont as to future plans for the road. . The reorganization, he explained, was subsequent upon foreclousurc by the bondholders upon their mor , tage interests and taking possesion of the property and for the present at least would have no effect upon the physical phase of./the property. ? The Marion Observer. ?For the convenience of our sub scribers; we have arranged with the county Auditor, who is accompanying the county Treasurer over the county, to give receipts for subscription to the county paper. ?. raid. 11)1)5. NEGROES SHOT. i I AWinSSMSSIN AINO I II ll< SUCTION OI: COUNTY. IN FORNEY NEIGHBORHOOD Some Colored Hands At Work for Mr. C. A. Causey. Were Tired I upon and I rij{litcnc<l A way. Ther ; was another example of lawlessness a short timoafxo, sinee the shooting of tin; railroad laborers some weeks a^o. Some eolored hands that had been employed on the farms of Messrs. C. A. Causey and VV. 10. Causey, in the Forney neighborhood, were quartered in a house near the farm and unknown parties riddled the house one ni^ht with shot, but not hitting any of the hands. W. 10. Causey hoard therrcketand went to the rescue with his jjun but tlic pnrtios lied, leaving no trace of their ide.ntil.y. Dcalli of <i Veteran. 'h W. Cox, an aged Confederate Veteran, who has lived for many years near Hand postollicc, departed this life last Monday night,, pro!) ably from the infirmities of old ape. He has a son now living somewhere in t he State of Texas, and one known ;ts Westley Cox, whose whcieabouts is unknown. Mr. I). I). Edge, one of the neighbors of tbc deceased man. was in Conway on Tuesday trying to learn the address of the absent sons so as to send them the sad intelligence of their father. His efforts to Team their addresses failed, and there is no telling when they will learn of their father's death. 1 f the addresses arc known to any reader of this paper they will confer a favor by communicating with them or by sending the addresses to Mr. Edge. Man' s I!nreasonableness is often as great as woman's. Hut Thos. S. Austin, Mgr. of the "Republican" of Leavenworth, Ind., was not unreasonable, when he re fused to allow the doctors to operate on his wife, for female trouble. "Instead, " ho says, "we concluded to try Electric Hitters. My wife was then so sick, she could hardly leave her bed. and five (5) physicians had failed to relievo her. After taking Electric Bitters, she was perfectly cured, and can now perform all her household duties." Guaranteed by Norton Drue Co. Price ."?()< "I Tliank the Lord!" cried Hannah Plant, of Little Rock, Ark., "for the relief 1 got from Bucklen's Arnica Salve. It cured tny fearful running sores, which nothing else would heal, and from which 1 had suffered for 5 years." It is a marvelous healer for cuts, burns and wounds. Guaranteed at Norton Drug Co. Price 23c. SOME POLITICAL ASPIRANTS. Parties Wliosw Names Have ilc?u Mentioned in Connection With Campjrain Mr. W. VV. Bruce, member of the legislature from Marlboro county, was in the city during the fair and announced his candidacy for the office of adjutant and inpoctor general Col. J. C. Boyd has also been announced officially. It is said that the friends of Col. (Ienry T. Thompson and of Major Lewis W. Haskell are urging each of these gentlemen to enter the race. Col. Bruce was assistant adjutant general under (ieneral John Gary Watts. So far but two names have been mentioned in connection with the cilice of secretary of state. Col. M. P. Tribble of Anderson and Col. E. II. Aull of Newberry. Col. Tribblo announced his candidacy two years igo but withdrew from the race. Fair week did not develop as many political booms as usual, for the political situation is decidedly away and many are afraid to declare themselves before the legislature meets.?The State. 1300 Hale*. Editor Herald:?I wish to state to the readers of your paper that lhicksvillo is in a better condition now than it has been since 18tM). We are all alive down here and are doing more at Bucksvillo than ever before. There has been thirteen hundred bales of cotton ginned among the regroes, something that never has been dom before. We have nothing to regret, wo arc aiming higher. R. B. W. ??? Many children inherit constitutions weak and feeble, others due to childhood troubles, Hollister's Rocky Mountian Tea will positively cure children and make them strong. 35 cents, Tea or Tablets. At Norton Drug Co. advertisinTmedium |: , IN THE 6TH DISTRICT. All Nurcmfiil HualnrM .Tien Adverllwe In (lie IIKRALD TRY IT FOR BEST RESULTS. NO 29 I:VENTS AND SOCIETY Of a Week in St. Matthews. S. C. A Ttinvinjr and IndtiHtrious Utile Cltv. Kditor Herald:?Please allow me space in tlio columns of your valuable paper, for the first time to let the Horry people hear from this part of the State. Health of town and community generally good with exception of a few cases of fever, which we trust the cool autumn weather will help to kill out. This is one of tin; most thriving little towns in the State, with its paved walks, electric lights and good facilities. We have a committee at work now, which is contemplating putting in water works, water to be obtained from the uAntlev I toiling Springs" one mile from the town. We have some of the finest farm ing land* in this section of the State. Some of our most prominent farmers make two bales of cotton per acre some of which have at least fifty to one hundred and twenty-five acres of this product, and the greater lumber arc holdinc thi>i?- r>ni ^ V1/..WII ll'l eleven cents. Our cotton association at this place seems to stand firm, and when a raise of a few points, they never go wild and sell, but insure and borrow money to meet their obligations There was fifteen thousand bales sold here last year, or at least that number weigned. as the man who does this weighing personally gave me those figures, however, there will he near four thousand less this sea son. We have a graded school which is making great progress under the supervision and careful management, of live teachers. Misses Helen S. Donald, graduate of S. C. College, Bowers, Wells and Wells with the principle, Mr. Helms. The State Fair is all the talk of the day. We have several farmers and stock raisers from this town and the surrounding country, who are going to attend the fair for the purpose of horse racing; one of which lias won many races before. I am glad to know that the good brethren of Horry county, together with the aid of our moral citizens, have won the great battle, which lias so long been the means of entering sweet homes and spoiling our young men, bringing woes to the mothers. Should I have been with you there would liavo been one more vote for <4No Dispensary/' Mr. Editor, I think your paper could be improved to a great extent if some few of the correspondents would try to write on a subject that would be more interesting for the readers. With best wishes to the paper, and the people of Horry county, I am, J. B. Prince. A %' 4* v%/ ttftH I A* ? ? .. ...... . i <imii3im|{ wuiiverii. The G eorKOtown and New York Fish Game and Produce Co. is now ready for business after being duly incorporated. Mr. J. Fred Grant,of Laurel Worrell's inlet, is secretary and treasurer and Mr. C. Fred Howell, of New York city, is president. This company will do a general shipping business in oysters, clams, fish and.general produce. They will also handle game. Mr. J. Fred Grant, as is well known here, is in a position to transact a business of this kind to better advantage than almost anybody else on the South Carolina shore lino. Mr. Grant was in Georgetown last week in the interest of his company and he has spent much time in New York city, perfecting his plans for the fall. The company has best wishes for success and this is assurod by reason of the live men in charge of it.? Carolina Field. --- ? Pain may go by the name of rhou matism, neuralgia lumbago, pleursy No matter what namo the pains are called, Hollistors Rocky Mountian Tea will drive them away. 35 cents Tea or Tablets. At Norton Drug Co. This [Ncjrro Is a Saint. Lot Hill of Union county, is near ly ninety, but he has never shot a gun, never been in a court house, never been drunk, owns a home, has good credit and says he is ready to die. He is in his 89th year, and has Itoon tinif o/\Low L /-vvwn? 4- ? uwii viviiiui, nuuci , uuiM'at UlHI IIU1I" ul in his habits all his life, lie never had a law suit, never was a wit riess in court, was never in a court house, never under the influence of liquor and his credit is good for any amount that he wants. He has the utmost confidence of his neighbors, both white and colored, and above all ho says he is prepared to die and willing to die at any time the Lord calls him. He owns a home and is well to do.?News & Courier. ? J. A. Hardee returned the fir.-t of this week irom atrip to Gulisants Ferry where die was called l>v the sickness of Mr. Asa Ooro his father in law.