The Horry herald. (Conway, S.C.) 1886-1923, May 16, 1912, Image 1
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VOL XXVI.
[fllJMl
By Failure of the Officers
to Capture Brute
BLOOD ROUNDS ON TRAIL
. /
On Monday When it Became Known
That a Negro Had Entered the Bed
Room of an Estimable Lady Residing
in the Northern Suburbs 'of Conway
the Community was Stirred from
Center to Circumference. Posse Organized
and With a Blood Hound
Trailed the Fiend a Circuit ous Way
to the Dipot. A Negro Answering
inscriptions Arrested at Tabor, N. C.,
But Aurhoritics Refused to Surrinder
i
Him For Obvious Reasons.
On last Sunday night about the
hour of o'clock, noighbors were
alarmed by screams coming from
the residence of a young widow lady
living in the Gully residence.section
of the town. Mr Hudson Russ, who
lived nearby, was the lirst who was
awaken by the noise, and taking his
gun, went to the scene of the difficulty.
lie got there just in time to
miss a mulatto negro who had entered
the dwelling by some back
window, and becoming frightened
by the screams of the inmates, had
lied through tho front part of the
house, and made good his escape.
The matter was kept quiet during
Monday, and not many uf tho par
ticulars could be obtained. It was
'?th? msin mi tared from a
MltlllCU UIIU u Viiu ?? -?
window, the sash of which he had
noisiessly raised, somewhero in the
rear of the house. He went into
one of the rooms in which be found
nobody except the children. In the
next room, he had advanced to a
point oetween the two beds, which
the room contained, and struck a
match. There were two ladies sleep
in# in the room, The striking of the
match doubtless awakened one of
them, and she screamed, waking the
other. When the intruder saw that
he had two to contend with, he lied
as above related, making good his
escape j isb before the arrival of iMr
liuss with his gun. The authorities
wired to Whiteville, N. C., for
blood-hounds, which would arrived
on the mid day train.
The lady livjd alone in the house
with her small children. On this
particular night her sister was a
visitor at her house, and this fact
- - j . i
probaoiy prevuuLL'u iuu
out of a dastardly crime.
The dog arrived from Whiteville
with bis owner on the 1:15 train, and
the Sherill, with Chief L H Ambrose
and a party of others took the dog
to the house immediately. The
negro had left the house through
one of the windows opening on the
front porch, and the 3ash had a
curtain. The negro had handled this
curtain in making his exit. The
took a scent at this curtain, trailed
oil the piazza, thou along a stretch
of road, finally reaching the railroad
track, which was folio wed for some
distance. The dog then left the
railroad track, went out among
some tenant houses, and finally
took tho sidewalk down Main Street,
trailed to tbe negro waiting roomut
tho depot, and up to the ticket window,
then out side into the yard,
and at a point near the end of the
depot where passengers get off and
on the trains, sat down and wagged
his tail.
On Sunday, as is related elsewhere
in this paper, two negro men had a
row over cards on the bill section of
the town, and one shot the other
fhirmirh the hand. The one who
""" " -? ? - - was
shot was arrested and lodged
in jail, the other made good bis
escape, The authorities bad telegraphed
to the authorities at that
point in an clTort to head off' the
negro who had used the pistol on
Sunday Unuer these instructions
a negro had been apprehended at
Tabor, N. C., he haviug evidently
gone there on the early train on
Monday being hauled over by the
conductor. His description, which
was nearly white, with gold in the
front teeth, seemed to lit the description
of tho negro who had done
the shooting, and who it was thought
had attempted another crime while
tryiug to elude the Sheriff on Sunday
night. Kiug Seals was holding
hi in at Tabor. After the dog had
trailed the scent to the train, it was
believed that tho two crimes hud
been committed by one andthesame
person, and Chief Ambrose was
sent to Tabor, N. C., on tho aftornoon
train Monday evening. When
he arrived there to ta?e tne negrc
back to Horry, he fouud that the
authorities would refuse to give
h'm up. It had been discovered
that he was the sauce negro who had
killed a constable at Max ton, N. C,
some months ago, and had escaped,
and there was something like a
thousaud dollars offered as a reward
for his capture by the North Caro
liua authorities* Mr Ambrose re
' /
'' ' *"*
Wkti
Court of Reference.
There was a hearing at the court
house last Thursday before W L |
Bryan, the Clerk of the Court, a?
special referee, in the case of G Ji
Jenkins, as Admistrator of the I
estate of A W Jenkins, Pla'ntifT.
aiminst R H Rhodes. Samuel Uabon
"n ? and
J T Barker. Many witnesses
had b?rtn summ(med and were sworn |
iothecae. Tho case grew out of
the foreclosure of a mortgage of five
acres of land, which had been eonveyed
to Samuel Rabon by J T Barker
in 1898, Robou making a mortgage
to Burker to secure the suui of
$50.00 of the purchase money, A
short time after wards, J T Barker
transferred tho nole and mortgage
to L B Sarvis, and a short time after
that Sarvis transferred to A W
Jenkins in a mule trade. Some
years past, Rabon got dissatisfied
wi'h his trade,and refused to p \y up ,
He had never recorded tho deed that j
Barker gave him for the five acres.
Out bis mortgage was duly recorded
Finally Barker bought the interest
of Rabon back, and some sort of 1
transfer was passed between them,
and Rabon gave Barker back the
deed ho had made him for tho land. ;
Barkor then made a deed to R H
Rhodes. All this time the mortgage
was held by Mr Jenkins, and now 1
since his death Mr G B Jenkins is <
collecting it as Administrator. The
land is situated at Round Swamp, .
and is a fine location for a country j
business. Rhodes lives cn the laud
and perhaps has a store thereon,
i
Rev. and Mrs J M Fleming and (
daughter, Miss lunmu, of Lumber- <
ton, N. C , passed through Conway <
Monday, en-route to the Pee Dee (
section where thev will visit rela
lives. Mr. Fleming is pastor of
Baker's Chapel near Adrian, and <
will fill his regular appointment j
there Saturday night and Sunday. <
turned to Conway on Monday night
without the man, and the Sheriff '
and his deputies were again bafilod. ,
During his stay in the town lookup
at Tabor, the negro made two attempts
to break out, and was almost
successful in getting away, but a i
strict guard is being maintained i
around the place.
There is another feature of the
case that demands attoution. One
of the boys sleeping in the houge
stated that while partly asleep he
heard some one in the rear of the
house call the name of the lady three
times, before coming in. That just
a few minutes after the calling, the
negro entered the room where the
boy was sleeping and struck a
match, and the boy stated that he
covered up his head to avoid the
light, and that he did not think of '
any danger. But he distinctly remembers
the calling, and that it
was in a strange voice. It is aiso
stated that this first room into \frhich
the brute entered, was the room
where the ladios usually slept, but
on this particular night, this room
had been given to some of the childred,
and some visiting children.
I one oi tne ironi; ruurjs wao taivcu
I by the lady and her sister who was
visiting her with ber children.
The negro was discovered in the
room of the lady by his striking a
match. Before striking the match,
he had raised the sash through
which he escaped, and had propped
it up by the use of a stick that
he had brought with him from the
first room he entered. The lady of
the house was not awakened at first
The visiting sister was awakened by
the light from the match, and boiug
a woman of steady nerves, she
first managed to try to awaken the
, other lady, Quickly she jumped
! out of the bed, asking the other if
she had just struck a match, pretending
that she did not realize the
presence of the negro in the room,
aud quickly going to the bureau,
lighting a lamp with a match, and
gave the other woman a rapid shake
got her awake. It was about this
time that the screaming on tho part
of both took place, and the negro
during tuis time had been standing
near the foot of the bed, holding his
face averted so it could not be seen.
' It frightened him it seems wl^en he
realized that he had two instead of
one to deal with, and made a quick
dive for the window where he had
' already proped up tho sash. He1
> broke out one of the panes as he
' " 1 *"" lUivMi/rh fliu twin.
wem, UIIU to luiuu^u miu 1T1Hdow
jumped on the oed, causing the
; slats to fall out.
The negro who was shot in tho
band on Sunday in jail. As the
1 negro at Tabor now under arrest is
i a stranger here, as can easily be
i proved, it is hard to understand
how ,ho knew the name of the house
and called before entering.
> The negro at Tabor claims the
1 one ho shot is his partner in the
i gambling business, while the one in
I jail hero says that he does uot
1 know the other.
, No stone will be loft unturned to
i bring this miscreant to justice. In
i addition to the authorities, there
I are others who will leave nothing
- undone to find him and bring him
to justice.
S ?m
CONWAY, S. C., TE
erne uiiiir fim
oiuL nnin luiiulu
Gathered by a Herald Man
on His Rounds.
CAUSHT OK THE BOUNCE.
Stray Bits of News Gathered by
the Wayside for the Information
and Instruction,' of Herald
Keadcrs-'ilappctilnigrs of interest
About the Clt.v.
E P Johnson was in Conway on
business last Monday.
I A Bell, of Bu.yboro, visited Con
way on business one day last week.
J G Rhodes, of Boris section,
spent Thursday in Conway on business.
D V Richardson, of Bucksport,
was in Conway last week on business.
"Jones, at Justice beats 'em all.
He gives a pound of good cc ITee for
i dozen eggs." tf.
S&muel Rabon and W G Sarvis
were both in Conway last Tuesday
:>n legal business.
Dr E A Stulvev, of Socastee, was
unong those visiting Conway the
latter part of'last week.
C T"Hurdee, of Dog Bluff town-hip,
was among the farmers visiting
Conway recently on business.
The frequent showers last Saturday
and on Sunday were needed by
some of t.he young crops. The
weather had been getting rather
Iry.
J H Long, of the Ebenezer section
)f this county, was among the people
in Couway last Tuesday. He was
me of trie wituesess in the case of
Jenkins vs Rhodes.
lion R B Scarborough will make
an educational address at Pisgah
Church Sunday, Ma}r 26kh, 1912, at
3:30 o'clock in the afternoon. Tho
public is cordially invited.
Burroughs & Collins Company has
one hundred acres of Irish potatoes
on their farms near Myrtle Beach,
this year. They will soon be ready
to place on them the market.
Moore Thompson and wife, of
Little River, passed through Conway
recently on their way to Wilmington,
N C., returning here on
the following day, on their way
home.
W L Hardee, of Longs, SC., was
in Conway last Thursday having
been summoned as a witness in the
case of Jenkins vs Rhodes, in a hearing
of the case before the Clerk of
the Court as special referee.
The delegates recently elected by
the County convention to represent
the county in the State Convention
of the Democratic party left here
yesterday for C ilumbia, to be
present at the convention which
comes olf to-day.
Two negro men foil out on the hill
last Saturday over a card game, and
one shot the other in the hand. Some
negro women ran after the Sheriff,
but when the officers arrived at the
scene, the wielder of the pistol had
tanen his leave for other parts.
It is reported form Myrtle Beach
that Steven Vereen of that place,
died on Thursday, May 9th, at the
age of 102 years, being at that age,
it is believed, the oldest man in
Florr}' County. His death was due
to the infirmities of his age.
Mr B L Housend brought to the
Herald office one day last week, a
specimen of Chiuese mustard, which
was a good examplo of what is is
possible th do in the raising of vegetable*,
even in the small gardens of
the town. This plant was as large
as a cabbage, and at the same time
was tender and crisp.
I B Parker was in Conway last
Thursday having a hearing before
Magistrate Chestnut, in the case of
a negro named Graham, charghe
with stealing several hogs from Mr
Parker. The evidence was oircumstantial
but was held sufficient by
the magistrate to bind the defendant
over to the court of General
Sessions.
The Herald has this week the card
of Mr C F Best, who is a candidate
for the House of Representatives.
His father was the late E V Best
who was cut off in the prime of life
a few years ago, to the great sorrow
.of many friends, and leaving the son
? U!?l,
WILLI rt-'^MUU&LUUILltTB, WUIVJU
he has bravely and successfully met.
The father was twice elected to
the office of Superintendent of Education,
and was the only one in the
county who has had this distinction.
The son reflects the good character
and stability of the father. He will
make the stock law the issue. As
many know this question is one
which is bound to come up again,
and is one which must be settled,
The large timber areas are fast desappearing,
so that the conditions
are fast changing from what they
onoe were.
1 :rKW ' ' | :
IURSDAY, MAY 16, 1912
Marriage Licenses.
During the week ending May 15th
the following marriage licenses were
issued, none of which have been
returned to the Ciork of the Court's
oflii e
No 221 Issued Ma3* 9th to Benjamin
Jones and Eliza E Dewitt, both of
Oonwav. 1
No 222 Issued May 14th to W E
Wilkes, of Green Creek, N. J , and
Nettie Long, of Litt'e River, S C.
No 223 Issued May 14tb, to George
L Hardee and Zilla Jackson, b^th of
Howard.
No 324 Issued May 14th to Carson
Grainger and Sallie Jackson, ooth
of Tabor.
Governor Blease has appointed
W M Long, of R. F. D. No 1 a
Notar/ Public.
Athens Items
Editor Herald:?Health of this'
community is generally good at this
writing.
We have been having some more
good showers recently.
Crops are all looking fine, bu
people are having a tight time fight
ing general green.
Miss Luna Stephens and brother
Lealand, visited relatives and
friends near Clarendon, N. C., recently
Bo^t wishes to the Herald and its
many readers.
Lonely Heart.
James I*. Mincy.
After several wee?s of suffering
with that dreaded disease consumption,
James P Mincy departed this
mortal life and entered into eternal
rest on the 29th day of April, 1912
He was born February 29th, 1878
and was married March 13ub, ,1907
to Mrs J Hattis Smith and to them
one child was born. His widow little
daughter and a step-son survive
- "
him. His remains were iaiu iu icno
in the Thompson Ceme ery on the
following day. A brief burial service
was conducted by Mr W H Lewis, a
friend and neighbor of the deceased
Brother Miucy was a kind husband
and father, generous friend and
neighbor a conscientious citixen.
lie suffered much, but his sufferings
are over for he died in full assurance
of the rest that remaineth for God,a
children, For several days before
his death his greatest wish was that
death might come quickly and easily
He was a home-sick child, extreemly
anxious for a s'ght of his Heavenly
Father's mansions, While we deeply
feel our loss we know that it is his
gain. J N J.
N E Hardwick, of Loris R F D No
2, was in Conway on business last
Monday, and while here left his card
announcing his candidacy for election
to the cflice of County Supervisor
of Horry County, subject to
the Democratic Primary. Mr Hardwick
is one of our most progressive
and well-known citizens, and has
been favorably known in politics
before. He was County Supervisor
during the years 1897 and 1898,
having been elected to that oflice in
189(i. He served that term with
ability, and to the entire satisfaction
of his constituents. He was a mem
ber of the County Board in 1901), retiring
from the position for personal
reasons. Mr Hardwick has many
friends and will make a good run.
W J Langstou will preach as announced,
D V, noxt Saturday night
at Buck Creek, Sunday 11 a m at the
same place Pleasant Plain in the
| af ernoon Sunday 3 o'clock and
again at Warn pee at 8 p in, The
public is cordially invited to all o(
these services.
Notice of Election.
By virtue of authority vested in
us by the County Board of Education,
the undersigned hereby give
notice that an election will be held
at the Evergreen School grounds,
Saturday June, 1st, to vote on a
special levy of 4 mills to supplement
the School funds of District No. 2.
Polls open at 8 a. m. and^ close at 4
p. m.
t r? D ^ u ?
J J . X~. 1WJUCI to,
R. J. Beverly.
W. H. King.
Trustees.
Salt Under Execution.
Under an execution issued in the
case of McCaskey Register Co., va
H W Mishoe, to me directed I have
levied upon and will sell at public auction
before the court house door at
Conway, S C., during legal sale hours,
on salesday, June 3rd, 1912, all that
certain tract of land in Bayboro township,
containing 60 acres, more or less,
and bounded north by lands of H J
Graham, east by Placard Road, south
and west by Burroughs & Collins Co.,
being known as the Nettie Martin
Place, and conveyed to H W Mishoc
by B J Sessions, Sheriff of Horry county,
in case of Phipps vs Martin.
TERMS OF SALE?Cash. Pure has
er to pay for papers.
B J SESSIONS,
Sheriff of Horry County.
May 14, 1912.
H H Woodward, Plaintiff's Attorney.
0 ' %9RS Wr Tr r5 HPCSKlY f^Sr r >y^s
era ML
1 win BY.:
1
A Calm Cool and Logical '
Argument in Defense
THE LAW AND EVIDENCE
Mr Van Norton in Reply to Mr John 1
cCaakill, a County Commissioner,
Makes a Strong Argument in I)e- i
fanse of His Fasition - (Jives Opini
ions of tha State Supreme Ceurt ?
The Right of the Individual Citizen
to Inquire Into the Action of County j
Officers Well Established.
f
There are only two statements in
Mr. Commissioner McCaskill's article
last week to which I wish now 1
to refer. The rest may, if they
must, come up later.
"If Van wishes to dipcuss our
official conduct squarely, I would 1
be glad to go into it with him;" so ;
says John. I wish to discuss one of :
the official acts of Messrs. McCaskiJl
and Lewis; their official conduct
may come up later. ,
1. "I'll say," says John further, 1
"that the only instructions that we
had when we endorsed these claims, 1
(the Walter Misboe Detective claim) 1
was the Cary Cothran Act, which :
was all Ihe law which could be pro1
1 - niiKianf nrltinll 1 TV W
llUCttll lipuu lilt) Buujco*) .? ..
plainly directed us to approve the ,
claim." These instructions is one
of the things I wish to discuss.
2. But let us lirst take up the
other: "The idea of our being supposed
to a3Couut to Van," says
John, "as to whether or not the
County oflicors have earned their
pay is so rediculously absurd that a
decent dog would turn away from it
to vomit." Johnnie must turn himself
back to his vomit.
John McCaskill, as a Commissioner
of this county, is not only supposed
to account to me for the payment
of officers and of all public
claims for services rendered or not
rendered; but 1 can make him, com
pel him, under the plain letter of
the law to supply me with any individual
account in his office. The
law believes in public officers' accounting,
whether this Bjard does
or not; and it directs its members to
account to any one of us indi/iduai*
ly, if one wants an acoount.
It may be as hard on John as his
dog; but it is right and just; and it
is the law.
The Cary Cothran Act is referred
to by Commissioner McCaskill, but
he does not quote: "If they ^Sheriffs
and other officers named) Nail to
do so (enforce the liquor lawft, it is
hereby made the duty of the Governor
to enforce the same;" and the
method by which the Governor acts
is added: "anfi he is hereby authorized
to appoint such deputies,
etc, as may be necessary, the sala1
/vAinnHe frt
TIGS tVIlCl Gxpoiists J1 SIIUU uiiituio i/u
be paid * * * out of the ordinary
county funds in couuties
wherein dispensaries have not been
established."
The laws upou the statute books
of South Carolina constantly enjoin
two things, the performance of
their duty by public oflicers, and the
accountability of oflicers to the people,
individually and collectively.
And these two things, facing them
in the laws on every page, facing
1 their consciences in overy official
' act, have been carefully winked at
1 by nearly every officer that has
touched the Walter Mishoe Detec1
tive claims from the Governor's
Commission to act to the payee's
endorsement on the last check.
In the pletifcitude of caution that
the whiskey laws be enforced, the
right is given the Governor to appoint
persons to enforce it. Bst the
1 power is limited to the condition
' produced by the "failure"?not the
1 neglect, but the failuro?of the regular
oflicers to enforce it, and also
limited "to appoint such deputies,
- etc.. as may be necossary." Tbe
law says, not so many deputies, but
such deputies as may be necessary,
: evidently expecting the Governor to
select according to qualty as well as
to limit the quantity of them.
Everything before the appointment
and everything after the appointment
goes to show that neither
of theso conditions, upon which
is limited the Governors's power to
take the enforcement of the liquor
, laws out of the hands of regular offi,
cers, wore over present in Horry.
? There may have been sporadic ca>
sea of neglect among our officers,
doubtless^ was; but the Court records
show conclusively that there
was no failure. And the Court re
cords should also show, both positively
and negatively, that quality
was hardly considered in the appointment
of a person to supply tic
i regular officers' assumed failure.
There was no reason for the ap
oointmont of a Detective in Horry
to enforce the liquor laws. The
City of Charleston has been wide
open, tiger eaten, full of barrooms
?plenty of official failures in plain
sight?where detectives could have
been used to enforce the law. But
1
A
J
1
#
b
appointing such deputies, etc.,
may be necessary in Charle
might not be good politics; whil
appointment in Horry that sec .
the very best political worker in/
county may bf3 so?and would^ 4
been, in ali probability, of tme pointee
had just remombetJed
send up a few cases to court, e
if they had all conic clear. /
The next point historically:
appointee as liquor Detective
supply the "failure" of the regi
officers, has, so far as can be lea
ed. never done a single act un<.
his commission, except file
claims for pay.
These claims came before 1
County Board of Commissioners a
were regularly laid aside by t
Beard until new members of t
Board had been appointed by t
Governor with the advise and cc
sent of the Senator from Horr
The new Board proceeded to a
prove these whiskey detect!
claims against the law, against tj
facts; and, 1 might even add, again
the peace and dignity of the Stat
1. The Board has never had tl
right oveu to consider these clain
?. <?in/9 .,nri it.s nonsideration an
HlO A-l I V V4 ) MLAV* > ? w
approval of them is legally a nullitj
2. The Hoard's use of fundraised
by taxes for other purpose*to
pay liiis alleged indebtedness isil
egal as well as unjust.
These two propositions T will de
Lnonstrate to you; and then I wil
aot have said all that should b<
said upon the matter.
1. As to the Hoard's jurisdiction
to consider these particular claims.
Our Supreme Court has decided:
The law, providing that no claim
against a county shall be audited or
ordered paid unless itemized, etc.,
and that the county Board may refuse
to audit or allow a claim unless
made out and verified in the
manner provided, is mandatory, so
that the proper itemization of claims
against a count* is necessary to confer
jurisdiction on the county Board
to yudit and allow the same.
Itemization, as defined by the
Court, is a statement in detail of
the claim so that the account may
be examined and its correctness
tested. "When merely the different
articles furnished or the ditl'erent
services rendered," says the Court, J
"are set down without dates, one of I
the most important particulars necessary
to the examination is omitted!"
The Walter Mishoe Detective
-i~:?, and t.hfi 1
I'ltll III D aiu U u ?
Board had, therefore, uo authority
even to consider them. Their consideration
and approval is legally a
nullity.
This is the law as plainly stated
from the Supreme Court decisions,
and that Court gives many good reasons
why the Legislature has made
it so. The Court reasons that the
Legislature intends for the people,
for investigating committjes, for
grand juries to have before them a
plain statement of the specific things
and particular services their money
has been paid ouc for. ^
Can any one possibly suppose
that this requirement does not apply
to one who holds a commission
to draw pay and renders no services
to bo itemized? Suppose a member
of the county Board should never
attend a meeting, could he bo paid
for his services under the law authorizing
him to be paid for 30 days
during the year, merely because he
is commissioned and qualified? Is
there any distinction between officers
paid by the day? Now, compensation
by annual' salary might
allow a fellow merely to tote a key
and draw his pay; but payment by
the day, as Commissioners and
whiskey detectives are paid, would
certainly contemplate getting some
days' service for the money.
2. The Supreme Court has deci-.
ded that it is unlawful for any officer,
State or county, to contract
for any purpose in a sum in excess
of the tax levied or the amount appropriated
for the accomplishment
of such purpose. The application
of the rule to the conditions we are
here discussing would necessitate an
inquiry as to whether a whiskey
constable is an officer or an employee
in so far as the payroll is
concerned. Such a discussion is
too technical for me to undertake
here. But this is plain:
"It is quite clear," says the Supreme
Court, 41 that the County
Commissioners would have no authority
to draw any check to pay
Sheriff for dieting prisoners in jail
until thev were first notified that
there were funds in the county
Treasury applicable to such claim
sullieient to pay such check, even
though there may oe funds in the,county
Treasury at the time applica- <
ble to some other object of county
expenditure." 'Even for so absolutely
necessary a purpose as feeding
prisoners in jail, the county
Commissioners have no right to issue
checks without money on hand
for that purpose to pay them,
There has been no money in the
hands of the County Commissioners
vi^...... n mittfn ai f lor 1 a/) t m
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taxes to pay liquor constables or
appropriated in estimates of ordinary
expenses to that purpose. The
Board had made no such approprla(Contiuuod
on Page 8.)