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i p ^ i k ===================== VOL XXV. IBB * The Fall Term of the Court of Common Pleas. A NUMBER OF GASES TRIED Some of Which Were Important and Some Otherwise?The Famous $4,400 ' .French Coaeh Station Swindle A*rcd in Court and the Judge Instructed a Verdict for the Plaintiff Except as to Defendant C B Dusenbury?An Appeal to the Higher Court Will Probably be Taken?Other Cases Disposed Of. The court of Common Pleas, convened here last Monday morning at the hour of 10 o'ch ck, according 10 the statute. JudgeGeorge 1C Prince, r of Anderson, piesidcd, having arrived on Sunday afternoon from his h )me in the upper part of the State, where he had been resting since f concluding the criminal and civil couro in Georgetown. The grand jury had not made any final presrmwent at the last term, and ihe entire panel were assembled in the c>urt room soon after the court was culled. They made their final presentment in the afternoon ol iVJond.iy and were discharged. Some time was taken up with the calling of the petit jurors and recording their mileage. After this the roster was called. the first case tnereon being that of C T Gore, plaintiff, vs A P Johnson, defendant. At first neither side seemed to be ready to proceed, witnesses on both sides being absent although having been legally summoned. Later the case was postponed until 3 o'clock, and at this point no other case being ready, p the court adjourned until 3 o'clock so that the farmers could hold a 1 meeting at the noon hour as had been advertised. At 3 o'clock the case was again called. The witnesses for the defense were still absent and the court signed an order or rule to show cause against the absent witnesses and continued the case until Thursday. Later by agreement of the attorneys the case was continued until Wednesday of court week in February. The next case called was the one of Commerce Trust Cj., vs B T Hy man and various ootier defendants. This case had been pending in the court (or a long time and grew out of the formation of a company here in 1908, to purchase a coach horse or stallion through J M Spaug as ^ agent of McLaughlin Bros. The compariy was formed and the horse purchased at the price of $4,400.00. Only a part of this was paid, and a note for the balance was given signed by all the defendants, tach thus becoming surety for each of the others. The horse was kept by the company at Conway for some t me, 4 but eho horse soon proved to be very much below his recommendations, the business did not, pay, and finally the horse was sold to pay a feed bill, the owners not taking enough interest in the matter to pay the expenses of his keep. After awhile the notes for the balance of purchase money fell due, and in the meantime these notes had been sold by McLaughlin Bros., to Commerce Trust Co., and some other corporations, who had no notice, it seems, of the manner in which the horse was sold to defendants, and when the payment of the notes was refused, they brought this action to recover on them. There were quite a long list of ?-i in n O f/\ll Ante? T * HP W iima n UClOliUaii CkO iv/nunot U a tijuiMUf i DO Rowell, T B Cooper, C B Du" sen bury, W J Turbeville, N J Cox, "VV L Lr. eg J P Derham, I L Lee, J A Lewis, G F Murreli, J D Todd, B J Sessions, A C Murreli. O E Todd, W L Mishoe, D D Edge, W L Hardee, L H Burroughs, T J Vaoght, G so M Long, A T Collins, B H Vaught, D W Martin, J R Allsbrook and J M McKeithan, The piaintilTs were represented by C P Quattlebaum and Henry Buck, and the defendants by Robt B Scarborough and W F Stackhouse. The following jury was empanelled v to try the case: H L Buck, H C Tuton, ,T W Gerrald. W W Shelley, O F Vereen, W *-% T % ? TTT .1 %.M l_ rrr A k j odd son, w n.u iviarsn, w Hughes, J M Kirton, Geo M Jollie, E P Johnson, M I Martin The plaintiff read testimony on the part of Trust Company to the effect they had purchased the notes for valuable consideration without notice and the disposition of J M Spang that he saw each of the dek fendants sign the note. The defendant then put up C B Du^enbury, one of the defendants, who testified that he did not sign the note, but that he had only authorized Mr A C Thompson to sign his name to an individual note for $100 00. He knew nothing of n joint note. Geo M Long was sworn, stating that he signed a paper at the request of Spang and Mr Lewif who went to his place and he saw * \ 'I the name of Hon R B Scarborough at the top of where he signed his name* B T flyman was also sworn and \said be only took a limited amount of the stock and he did not know 'hat he was signing jointly with the others. Several exceptions wert noted in the course of the above testimony. C P Quattlebaum was sworn as to the receipt of a letter from the plain till', and as to S M Spang being notified while on his way here at a former court not to come. To is was held as incompetent by the court. The defendants closed and the u fKn /-?f I yj 1 cm iii uj 11 o uuy i u r > iu \a i i ?;v> /1 \ i w w? a verdict, The judge directed a verdict again t a!] the defendants except C B Duscnbury, and the note will no doubt have to be paid. The case of Burroughs vs Allen was then called and after atrial that lasted all the forenoon of TuokIhv, the jury returned a verdict of $420 00 against, defendant. The cases of Central Bank vs flyman et al . Fidelity Trust Co , vs Hymau et al , both being the same as the case of Commerce Trust Co , against the same parties already tried, only being actions brought on different notes, were continued. The r-ases of Waddell vs Cypress Co., Hollitl&y vs Crawfort and Allsbrook vs Sasser were compromised and stricken from the roster. The case of Bank of Con wav vs W L Mishoe, W F Mishoe, H W Mishoe and Geo J Holliday was next tried. This case concerned the foreclosure of a mortgage make t. > the bank by W L Mishoe to secure a note which was guaranteed b/ the defendants, VV F o.nd H W Mishoe and Geo J iioliiday. The lands at this time are already sold, tho lands failing to oring the necessary funds to pay the note in full. This case was to settle whether the defendants W F and H W Mishoe ana G J Holliday should have to pay the balance due as guaranteed. They answered in thecaso claiming that the note was renewed and certain tracts of land released without their consent. This case was being tried when the court adjourned Tuesday night. Fire at Wampee. On Friday night before last, hre of unknown or'gin got out near the cotton gin of Bell Bros., at Wampee, and came near burning up the entire plant. It was a very rainy nignt, and the fire could not spread rapidly, so that about dav light it was discovered and extinguished before it reached the main building containing the gin and machinery. One ba'e of cotton was torally destroyed and some more cotton per haps injured. It is believed that the fire was put out by an incendiary, but the ow lers of the property have no proof of this, and the perpetrators will likely ?'o undetected and unpunished. Bell Cros., are amon# ihe leading merchants and business men of that section and they <*in lartre quantities of cotton for the farmers in that section of the county. Divine Services. Editor Herald: Please announce through your columns that on assuming the pastorate of Baker Memorial, my first appointment will be Riled Saturday ni^ht before the third Sunday in November- if the % ? 4 1 - I V 1 1 \ ! master snail us wiiin^, At eleven o'clock Sunday my subject will be "State Missions" and it is desired that we shall have a full house and hope the Lord's people may come prepared to make a willingly liberal offering to this very important object. Let me assure the brethren of the dear old Waccamaw Association that I shall take great pleasure in cooperating with them in very good word and work, and that, at a day in the not distant future it is my purpose to be wholly identified with them. May the divine blessings rest on you and all. J M Fleming, Lumberton, N C. Site Yet to be Selected. A meeting of the directors of the FTorry County Industrial S' hool and Development Company was held here last Friday, but owing to tne absence of some of the most prominent directors who were prevented by reason of previous engagements the matter of the selection of the site for the school was postponed and it will probably be some time in December before the location is definitely agreed upon. The option on the tract at Sanford as well as that at Homewood was extended In the moan time redoubled etTorts are being put forth by the directors of the company and its friends to raise the whole amount, of the capital stock which is $50,000 by the next meeting of the board of directors. From every side comes words of encouragement as well as subscription and the project can now b* considered a foregoing cooolusiv>n Every one connected with the enter, prise are elated over the bright look ; ahead of them and all are working together in perfect harmony for the , accomplishment of the end in viev | the establishment on a solid fi lancia r basis of this great undertaking. IHHr CONWAY, S. C., THUJ ID n RER08T All the County Offices are in Good Condition. SAVF TRFASIIRFR A.SHFRiFF vnik I llbriw V lltall W waa? . . The Supervisor is Commended and Condemned -As Usual the Sheriff Comes in for Blame, J. N. Jcnrette, Former Treasurer, According to Partial Settlement, is Short $1,087.55 An Audit of the Records of -the Office May Change This Amount. To His Honor, G?o E Prince, Presiding Sep ember Term of Court I'd 11 lor tdorrv County. The Grand Jury dure with submits i?s final report and presentment. VVe have passed upon all bills pre seated to us and have n turueu mem i ta this? court with our findings, j We preseut the fallowing cases arid attach hereto lists of the wit nesses io the cJilFereut ca^es f .r the use of the court: la regard to the conduct and condiiiou of the county cilices wo have to report: Clerk of Court's Office?We find the Clerk of Court's office in very good shape lie has a goad system of bookkeeping and a good set of books and they are very neatly kept. Since the clerk has been put on salary we find a saving to the county of $300 to $700 in fees frooaie Judge's Office-We find the otfice of Probate Judge in good shape ar.d the books properly kept. W'e respectfully recommend that ttr.s office be furnished with a suitable steel case for tiling ali documents and books belonging to this ollioe. in tire proof vault, that is in the office for this purpose. The {Supervisor's Office?We find that the books in this ofliee are not properly kep . The various items j are not listed in proper form in the books provided for this purpose. Claims have been paid that nave not been properly probated and itemized. We lind the county in debt something like $8,1)00 00. In addition to this there are claims for two or mo e months held over in the office unpaid lor lack of funds. We commend the supervisor for taking steps to start a poor farm. We think it a good step in the right duection. We condemn the supervisor for allowing so many prisoners to es? 1 i- - ? - ? - WT cape iroai me euain gauj<. we recommend that he have a more coinpeteut man to guard the gang. The Sueriff's Office?We Had the sheriff's cilice in lairly good shape except his execution book. It is not kept in accordance with the law. We find the treasurer turned over $2,207 58 in executions. Of this $082 14 has been collected and reTeipted for by the treasurer which leaves in the sheriff's hands executions amounting to $1,525 44. He has not had his settlement with the auditor and treasurer as required by law. The Supt of Education's Office ? We find this office in very good shape. He seems to be doing all he can to further the interest of education in the county. He has had his settlement with the county treasurer according to law. The Auditor's Office?The office county auditor is in good shape. The books arc well kept. The County Treasurer's Office-The office of county treasurer is not J _t TU ^ ID gOUU SUiipu. o.ut3 iuv,uiu bent took hold of the office in the abence of a settlement between himself and the former treasurer. The treasurer has failed to make regular reports monthly to the county superintendent of education and the beard of county commissioners as to the amount of funds available for various purposes. We also find that former treasurer J N Jenret.te is due the county and State $1,687 55 according to p.irtial settlement recently made by Comptroller General. An audit of the records of the office may change this amount. We find the public buildings of the county in fan ly go >d shape We ask the legislature of our county to make a special appropriation for improvement of the grounds around public buildings We recommend that cement walks be built from the north, east and o/Mith rlrkr\r>? ttf h'no r?r.iirt. hmise to tllO OV/U lili MV/Wk W V/k V..X/ w % ?? w ? V streot on each s de, and that a suitable fence be erected around the premises. We desire to express to your Honor and the other ullieers ot the court our thanks for courtesies extended 1 to the tfrand jury. Respectfully submitted at Oon1 way, S, C., 30th day of Oct. 1911. K L Mi shoe, Foreman. f | If you arc tired of walking and ridp ing around on EAR ill buy a Flying , Machine and go up. Mctz Aeroplanes, For,Sale by,T. B. Smith, Conway, S. C., Box 26J, I gT, RSDAY, NOVEMBER 2, 19 From the Bay, Times arc on a boom at thiF place DOW, Tbe farmers are hustling trying to get their crops gathered, but the cotton hands are so scarce at this place until the farmers will be lucky if they get their cotton out by Christmas. 13 F Harrelson and S 13 Small will tomorrow, the 130th, attend coueo at Conway. Jack-frost hasn't visited us yet but we are expecting him any time. N P Stephens anci| wife, Liolaud Stephens, Wilbur Small, Eddie Harrelson and wife, receutly made a trip to North Carolina Huflie Alford and wife are visiting the. latter's parents Pearl Grainger is sick with typhoid fever. Julius Lane is having chills and f ver. The Mt Pisgah school near this plac-* is progressing nicely under the skillful management of Mr Bartie Small. L'dand Stephen*, while picking do't >n the other day, came very near stepping on a large rattle snake. H:i measured about four and one half feet and had eleven rattles. His friend, Ruffie Alford shot the snake. Mr and Mrs Arnold Alford have been visiiing the tneetiug at Gethsemane. Miss Lottie Harrelson is teaching in Williamsburg county. Mi?s Emma Derham will begin teaching at Mt Olive Monday November (r.h, with Miss Daisy Stephens as assistant. VA7 n iMi/an fViinLr r\ f t,Ht> 'I (/ ttin uu/uu uv/ vuiu > v. i hopes of having an industrial school in Ho^ry county. Thank Dr Watson and others for the help they are doing for us. Best wishes t.o the Herald and its many reauers. B K D Toddville Tidings. Misses Costa Bong and Mary Oliver spent Sundav in town. Miss Jessie Dusenbury, who has boon confined to her bed with a serverc cold for the past week, is out again. M G Anderson, the hustling manager of the Georgetown Lumber Company's plant at Conway, was here last week in the interest of the com pan v. The Rev Mr Barnes, pastor of the Bucksville charge, has been running a protracted meeting at Union church for the past two weeks. The meeting closed Sunday night, and a great deal of good was accomplished, ^iv nrn<>o aHrlorl +.r? t.Kp mpmhprshin of the church and ten worn converted. Since coming to this charge Mr Barnes has manifested a disposition to improve the spiritual welfare of our people generally, and has been an untiring worker till success has crowned his effort. It seems to be the unanimous wish of our people that Mr Barnes may be returned to this charge another year in order that he may do still greater work. Forecast. The Annual Bazaar. The ladies Womans Aid Society of Kingston Presbyterian church of this place are preparing to hold their annual bazaar which is to take place this vear December 1st and 2nd in a building yet to be selected. This atTair promises to exceed in elaborateness those which have gone before For sometime past the ladies have been canvassing the town and have been greatly encouraged by tho liberal response, they have met with from merchants and civilian. The articles to be sold at. the bazaar will be useful as well as ornimental and many of them will make very appropriate and acj ceptable giits for the yule tide. Oysters, dinners, lunches, tea, cotTee and chocolate will be served Tne following are the committees in charge of the dilTerent departments. PLAIN SEWING, Mrs Gus Anderson, Mrs. D. T McNeill, Mrs. W. E. MoCord, Mrs. John Pitman, Mrs. J. II. McCaskil, Mrs. J. W. Ogilvie. FANCY WORK. Miss Marjory Q laulebaum, Mrs. ??* ? . - *1! _ Wli_.u..U J. A. IN or U) II, MISS IM1/. lUtfi.U Mrs. W. R. Britt, Mrs A S. Doak, Mrs VV H. Rollinson. CANDY. Miss Catherine Doak, Miss Nannie B'itt, Miss I> rtha Snowden, Greonwood Norton. Lorain Bell. REFRESH MENTS Miss Reba Duseaoury, Mrs. C P. QuaUlebaum. Mrs A. W Birrett, Mrs J M MoK'^i han, Miss Margaret MoNeill Mrs. J. W. Little. Notice of Discharge. Notice is herebv given that the undersign as guar< iaa of Blanche B and Joseph C Causey, will apply to the Judge of Probate of Horry County, at his office, at Conway, S. C., at 11 o'clock in the forenoon, on the IBth day of November, A D 11)11 for a final dischrge as such guardian. George W King, Guardian ol Blanche B and JosephC Cau >ey. Mil, 11. i in? Gathered by a Herald Man on His Rounds. CAUGHT ONTHE BOUNCE. Stray Bits of News Gathered by the Wayside for the Information and Instruction of Herald j Keaders-'llappenlnics of Interest I About the City. W A Bell, of Wampee, was in Conway last Monday on business. A. C. fjkipp. r was aim njr the manv pleasant callers at this oflice last week. Hm. Itobt. B Scarborough was away the latter part of last week on le#al business. J. W. Stevens, a farmer of Conwav township, was in Conway last week on business. C L. Williamson, of Hammond, S. C-. was amon# the farmers visiting Conway last Taursday. Cl.tude Livingston and B II. Todd, of Hamm ond, S. C , were both in Conway on business the latter part, of last week. Up in the air there is no dust, sand or rough roads. If you want to prove it Fly?Buy a Metz Aeroplane. For sale by T. B. Smith, Conway, S. C, The Wm Todd vaudeville show loft here t he first of tho week after 1 ' ' 1 ? -- 4 ' l"V /A f MA i Spending' i:ie em ire wm-u ui:iuiu m giving nightly performances. M. R. Prince, one of the leading merchants of Gurley, S. C , spent last Friday in Conway, attending to various matters of business while here. J, M. C' x, a leading citizen of the Hamnvnd section, spent some time in Conwav last Saturday, and while here visited his son, J 13. Cox, of the J. 13 Cox Co. A pro'racted meeting will begin at the Jordunville church, Buck:ville circuit, on Monday night after the first Sunday in November. W R Barnes, Pastor. Mr Samuel T Jenrette died near Rehoboth in Galivants Ferry townoVi.r^ nn t.ho 9(?t.h of Oct ?bf?r in the Oil p, _ - 88th year of his age, He lived a righteous life full of honor. His obituary will appear next weelc. Many farmers have signified their intention of holding their cotton crops for better prices. Many of them, it is said, will borrow money in order to pay their obligations, and enable them to hold their money crop. Wanted: To buy a gentle milch cow. Will pay a good price for the right kind of cow. W I Oarrington, 3 ' 31 Allen, SC. Reference to a notice appearing in a tiother column, it will be seer, that the county treasurer is ready " 1 ?l* ! #? ? .. .. ,/"?lli> > fr li(J UL'glli Uia LUA Will'^VIU^ vwi.li n ?. the dates stated, and ho hopes to find the people in readiness to pay their assessments while it is convenient to them, and save coming to the county seat later. The cotton crop of Horry County this year is a record breaking one in spite of the adverse conditions existing when the crop was planted. The latter season that came on the crop after it was up and ready to grow, resulted iu the production of a larger crop than would otherwise have been raised. The estate of Thomas Smith in Bucks township, a few miles this side of Greenwood church, and formerly occupied bv Miss Lucy Smith, one of the heirs, has been sold to a progressive farmer from near Dillon, S. C , who it is sa d will move to the place in the near future and improve it from the beginning It is a valuable property situate on one of *he leading public roads of the county. The new buildings of VV R Lewis on the corner next to the new court house square are now rapidly neariug completion. There is one store which will front on 3rd Avenue and another fronting on the court house ' X # . 1 . 1 1 square, wee 01 uie stores win carry fancy groceries, while the other will form the new quarters of Con,way Coca-Cola Bottling Company. Conway Methodist C hurch. Services forSuoda> NovemberSih Sunday school at 9 45 a m. Preach ing at 11 a m. Suhj ct: "The Sanctity of Human Life " Epworth League at 4 p m. Preaching at 7:30 p m Subject: "Amusements and Recreations," The sacrament of the Lord's Supper will be administered at the morning services. Prayermeeting on Wednesday night. Preaching at Homowood at 4 p m Everybody welcome at all of our ' services. 'M mm > | V* No 30 Fourth Quarterly Conference.% # The fqurth quarterly conference of the Conwav Uircuit will convene at 1* plar church Saturday, November 11th ^ * t1 o'c ocic a m. Also there wili teaching on the follow ing Surde II o'clock a m. Our Fit ig Eider, Itev. R 10. Sfcackbous. , J. I)., will bo with us and will do the both d-vvs. O ) Sunday November 12th, there "Aih be preaching at Cool Spiing Church at 4 o'clock p. in. instead of 11 o'clock a rn. All are invited. Come. E. F. Soggius, Pastor, Oct. 31st 1911. .?.??, Magistrate Court. Magistrate W H Chestnut was engaged last Thursday morning in the trial of several colored road j hands for refusing to work the road on a section near Conway under Mr A P Elliott, as overseer Nearly all of them submitted their cases to **" ? -1 the (Ourt, except Jonn oox una Walter Cox Each of those found guilty were tried in the mud of ten dollars and the costs of the case as provided in a late act on this sub\ j act. The many friends of Mr George M Kirton will bo glad to learn that he is recovering from his recent illness. Keep Cats and Veevils out of your corn by using Carbon-Disulphide. 25c a pound at Conway Drug Com pauy. 2 w31. Daniel Grainger attended in Conway last Thursday for the purpose of trying a casein his court concerning a crop raised this year by Mr. T rn I D...U?M?4Amnotin ?J 1 , Liriidiilll 111 iJ IV Wl 'I n; i> ujuipi Hon G Jorge J. Hollidav had a chattel mortgage covering the crop, and the crops were recently seized under this mortgage to answer a balance still duo on the papers. The case was continued on several grounds, bufcit will come up again as soon after court week as poss'ble unless the matte" sho.jld be settled out of court in the mean time. Notice to Creditors and Debtors. All persons h -tiding claims against the estate of Annie Sessions, are hereby required to file the same, duly attested, with the undersigned within the time provided by law, or this notice w ill be set up in bar of their recovery; and all persons indebted to the said infestate, are hereby notified to make payment to the undersigned. 0 A Spivey, Qualified Administrator of Annie Srissi U1S. 4nv30. Sale for Foreclosure. Under and by virtue of a decree for foreclosure and sale, made by his Honor. George E Prince, Presiding Judge in the case of George J Uolliday, Plaintiff, vs Hugh 11 lv.dgera, in his own right, and as heir at law of Martha Kodgers, Sarah Pitman, Emma E Aiford, Addle K Rodgers and Simpson Rodger**, heirs at law of Martha Rodgers, Defendants, and dated the 28th day of September, A 1) 1911; Notice is hereby given, that the undersigned Clerk of the Court of Common Pleas, for Horry Counry, will sell before the court liou&e door at Conway, in said State, during legal hours of sale on salesday in November next, It being theOth day of said month, all and singular the following described real estate, to wit: All and singular the undivided twonineths 2-9 interest of Hugh R Rodgers and Martha Rodgers, in those two certain tracts of land described in the mortgage and the pleadings herein as follows, , to wit: All and singular two certain tracts of land, one containing ninety-one acres, and bound as follows: North by lands of Everette Strickland, east by lands of E P Pitman ?nd Guueer's Branch, south by Rough and Ready public road and west by lands ol J LStrp.ud; Tract No, 2. Containing eighteen acres, which was transferr d to us by Everette Strickland and Is enclosed in the above boundaries. Tract No. 1 was conveyed to us by John L Altman, and . situated in the State and County aforevi u'it. in Gulivau's Kerry rownship. Terms of sale cash, Purchaser to pay for papers. W L Bryan, C 0 C P. Conway, S C., Sept 4, 1011. Robt I? Scarborough, Plaintiff's Attorney. This Typewriter ^ O n 1 y $1^ Down I The Typewriter Man Bahk of Horry Building. '? ! - ' ' *