The Horry herald. (Conway, S.C.) 1886-1923, July 08, 1915, Page TWO, Image 2
I TWO
OPINION GIVEN
I POWERS GRANTED
To Magistrates of South Carolina
in Granting New
Trials in Cases.
"According to an opinion of Thomas
H. Peoples, attorney general, a magistrate
has no authority to either suspend
or retiu 'e sentence of a convicted
person, and he further states that
thqre is a doubt in his r.iind 'as to
whether or not a magistrate has any
right whatsoever to gnuit a new irhil
in criminal cases tried before him.
The opinion was in answer to a letter
from n Newberry county magistrate.
The fo'.lowi r" are excerpts from the
opinion:
In replv thereto I will say that
%
1 can find no statute giving a magistrate
power to si: pend a sentence.
By the act of 1912, page 77I>, the circuit
judges are empowered to suspend
sentence in certain cases, but that
does not apply t > magistrates.
"Further answering your letter. 1
will say that in my opinion a magistrate
has no power to reduce a sentence
that is imposed by him. Such
power is only vested in the governor
as will be noted by reference to section
9,^8 of the criminal code of 1912.
"As to your right to reopen the case
or grant a new trial on after discovered
evidence, 1 will say that at this
time you clearly have no right or
authority to do so: in -fact thoro is
doubt in my mind as to whether or
not a magistrate bus any right what
soever to grant a new trial in criminal
eases tried before him. There is
nothing* in the criminal code giving a
magistrate such right. The right of
appeal is allowed and by section 99
of the criminal code circuit courts are
empowered to grant new trials in certain
criminal cases, but this section
does not apply to magistrates.
"The ony authority by which magistrates
would have to grant a new
trial is contained in sub-divisions 17
and 18 of sceetion 97 of the code or
civil procedure. These sections cmpower
magistrates to grant new trials
for reasons for which new trials have
been usualh granted in the courts cf
lav.* in this state; but. at the same
time provide that no motion for a new
trial shall be heard unless made with
in five days after the rendering of the
judgment.
"If we take it for granted that the
sections of the law just quoted apply
to criminal cases, a magistrate would
have no power or authority to grant
a new trial on after-discovered evidence,
or any reason whatsoever, after
the expiration of the five days.
The question has been cleary ar.d definitely
decided by an opinion of the
South Carolina supremo court, rendered
by Mr. Jur-t'cc Mclver in the case
of Sams vs. Hoover, OM S. C., 401, in
which the court .-aid that the 'procedure
sought in that case could not
have availed the defendant anything
as the time limited for making a motion
for a new trial before the trial
justice upon any ground had already
expired. The power of a trial justice
to grant a ne\y trial for any cause being
derived solely from the statute
which limits the time within which
such power may bo exercised, we do
not see how any court could disregard |
such limitation. This may bo very
unfortunate, as the alleged now evidence
may not be discovered until
after the expiration of the time prescribed
by statute within which a motion
for a ih \\ trial before a trial justice
may be made. It may be a casus
omissus, but this court has neither
the authority noi the disposition to
undertake to supply omissions in a
statute, whether supposed or real."
'As indicated further along in the
same opinion, a different rule applies
in the circuit courts where there is no
time limit within which a motion for
a new trial may be made. In the case
of magistral* courts Cough the motion
must be made veithin the time
prescribed by the statute.
".In my oph ion you had no right
in the case under consideration to suspend
sentence, re uce the sentence
or to grant a new trial."
A MEDICIN E ( TEST ( 3D 2>.
In this chest you hr.re an . cedent
Sv remedy for Tooth.'
Sprains, Stiff Neck, backache, Neuralgia.
Rheumatism and for most emergencies.
One 2'ic bottle of Sloan's
^ Liniment does it all?this because
these ailments are symptoms, not diseases,
and are caused by congestion
? and inflamation. If you doubt, ask
those who use -Sloan's Liniment, or
better still, buy a 2f>c bottle and prove
it. All Druggists.?adv.
FOREIGN ITEMS
HATHEKED AND CONDENSED
FOR EASY EEADINO
4 IKIK IIMlllt 1> ?lllMW??fc,
An attempt by German warships to
bombard the port of Windau, Couriand
and troops was repulsed last
week by the Russians, according to an
official statement issued at headquarters
of the general staff.
Thousands of San Franciscans and j
visitors at the Panama Pacific Expo-!
sition participated last week in a!
Wood row Wilson day program.
r!'ll,x /in e r\ n n*?? ! \ T!,?f ?
*. vtioc c.^cuuci > iv iui iu''u riu^rm* |
Pascual Orozco and lour others, chargj
ed with conspiracy to violate the:
United States neutrality laws, has
been postponed to July 12.
Desperate conditions in Mexico j
City, with unchecked mobs rioting and,
looting, are described in a dispatch'
cabled to tlie United Slates govern-}
merit last week from Vera Cruz by a'
courier who left the Mexican capital!
June 25.
The business of the United States (
government for the fiscal year has
ended with treasury officials still un-'
able to determine how much of a deficit
the accounts of receipts and expenditures
for the last 12 months would !
show.
The British consul in New York has
disclaimed any knowledge of inducements
said to have been made by the
United States soldiers and sailors to
desert the American service for the
British army and navy, as charged by
a federal agent in San Francisco who
has been investigating recruiting ac-1
tivities in California.
Three more arrests on charges of
conspiracy to violate United States'
neutrality laws were developments in,
the Mexican situation last week.
The United States has adopted the
practice of notifying the German admiralty
through Ambassador Gerard
of the time of departure of every passenger
ship sailing the American flag
and approximately the hours during
which it will pass through the war
zone.
The English postmaster general has
decided to make a trial at substituting'
women's labor for that of men in do- i
livering mail.
I
?
Enforcement of the prohibitory
laws, which became operative a year
ago. have cut the number of arrests
in 35 towns and cities throughtout
West Virginia more than one-half, according
to statistics made public.
Virtually all the large zinc mines of
the Webb City-Garterville district in i
Missouri remained closed last week;
while 2,000 miners refused to work
unless given a? increase in wages.
Announcement was made last week
in the Italian Press of a rupture between
Italy and Turkey with the early
intervention of the Italian army
and navy alongside the Allies in the
Dardanelles.
Dr. Anton Meyer-Gerhard, the attache
of the German colonial office,
who was sent from the United States
to Berlin by the German ambassador
Count von Bernstorff, to explain the
views of the United Stales regarding
the Lusitania case, published an article
in Per Tag on "Germany and
America," in which he says his experi
ences convinced him that the two
countries misunderstood each other*
Secretary of the Navy Josephus
Daniels was the chief speaker at the
Fourth of July celebration at MoreI
head City Saturday , July 3rd.
Harry U. Thaw is a sane man in the
opinion ol alienists who testified as!
f-:< ports lost week at the jury proceed
gs to determine Thaw's mental condiuon.
"Waste on the part of < hher individuals
or classes, which always is
foolish and sh< rl sighted, is, in those
t irs, nothing short of a national dan
s,< < "?Premier Aoait.h, in address in|
G'.iihl 11 * 11, in launch In ?* movement in
u; port of H: !',i.-n vwir loan.
TNv
Whooping Cdugh.
Well?rvervono knows the . cTect
of Pi ' Forcds on Coughs. Dr. Pell's
Pine-Tar-Ho cy is a remedy which
1 iugs quick relief for Whooping
Cough, loosens the mucous, soothes
the lining- of the throat and lungs,
and makes the coughing spells less
severe. A family with growing children
should not be without it. Keep
it handy for all Coughs and Colds. 25c
at your Druggists.
Electric Iiittors a Spring Tonic.
THE HORRY HERA
' III mil* II ! tmi?*?m.>
WHAT OTHER PIP
I
Way it Goes.
Groan ami the world groans with
you; smile and you're called an ass.?
Marion Star.
They Will Win.
The boys who will win out in the
world, arc those who keep up their
t fighting spirit until the last strike is
called on the last man at the bat in
the last inning of the game.?Georgetown
Times.
Diversion.
Those of our friends who want to
lick Germany will be happy to learn
that the Vaqni Indians have declared
war on the United States.?Dillon
Herald.
Some Consolation.
Wo can't all have yachts and limousines
e.nd summer ( otiugos?but wo
can deserve 'em.?Columbia Record. I
Searches Wood Pile.
We hate to doubt a man's sincerity
but whenever one brings us an article'
to publ'sh for the interest of the com-'
inanity we look to see where the free
advertisement is coming in.?Times & ,1
Democrat.
Well 11? Can,
No matter how much intelligence a man
may have an exchange says any!
horse e n beat him eating corn off the
cob.?Times & Democrat.
Exposing Ignorance.
It Is a good idea to bear in mind ]
tKnt. ? 11 '
:-i<j if:;) you t-a\ , UiC I CSS C11J111C0 j
there is of exposing- your ignorance.-?
York News.
Less Hair.
The exports of human hair from
IIorg Kong have fallen off from 2,472.838
pounds in 1018 to 9o7,57G in
1911. The European war is therefore
having one civilizing influence.?Daily
Record.
New Terrors.
It is to be hoped the California'
earthquake will be considerate enough
not to give the exposition a shakodown.?Charlotte
Observer.
The Whole Sum.
' And sometimes it seems to us that [
the whole Southern educational problem
is summed up in the astonishing-j
ly simple question: "Shall we lot our j
children walk two miles to a good
school or one mile to a sorry one.''?
Progressivc Farmer.
Other Goers.
Henry Ford says his new tractor;
will "keep young men on the farm."'
? '
but a few pretty damsels will accomplish
precisely the same purpose.? ;
i. he State.
O ver-Worked.
Well, if any man ever earned a .
vacation, Wood row Wilson is certain- :
ly the man.?The State.
() j0Bjk
\ j iiigp
/ o u r
Made
iii.
1 EE!^P7:s' *
11 ^ One sure ^
make your stej:
III] ill I replace your
X TOmk Walkinu in hn
Mmwpmoutfloord
wktW tlie daily lieu:
V -1 harder.
q We carry
fOQs of carpets. \
\4V|i9 w money's worth.
like iron. Se
v [\ you are rcfurr.
su,ttb21
kMkVOMU ft HiW ~4.v*
SUTHERLAND Flffl
CONWAY, SOUT
LD, CC27WAY, S. 0
wewvwwrn < !?Wi Wl ? ?li??j?! ! r?vr*v
IIIIW niMTHMiBM *M<I II I !! ? WMOn MMIUimR
EfiS ABE SAYING
MBMMWMHnnMIMMMVMHIMMHWanHMMHMWI
Everybody Willing.
If the big war is to be fought to a
finish, everybody is hoping that the
finish will be fought soon.?Charleston
Evening Post.
We Endorse This.
Why should an American need a
passport to Canada? What's the mat
tor with staying at home??Evening
Post.
His Different Ages.
!n youth a man has the recklessness
of ins raucousncss. Later he has the
audacity of his ardor. Then comes
the temerity of his thoughtfulness
and finally comes the sensitiveness of
his senility.?Morning Star.
Great Advertiser.
Very liberal space in the papers is
given to Harry Thaw again. Harry
is again trying to prove that he is not
a crazy man, and this time he will
likely succeed.?I.umberton Tribune.
Tender But Tough.
They call it legal "tender," but getling
it is certainly tough enough.?
The State.
What!
Now we are glad we took them off.
?\Yhitcville News-Reporter.
Education Wave.
Education is sweeping the county
like a cyclone. Practically every district
ill the COlint V nnw lioo
- ? w f? 'ill O
evics ol taxes to bo used for school
purposes.?Lexington Dispatch.
o
A National Creed.
The Chicago Herald suggests the
following as a National Creed by
which tiie men, women and children
of American may affirm their Americanism
:
I believe in the United States, one
and Indivisible; in her mission as the
champion of humanity?as the friend
f the weak and distressed; in the singleness,
dignity and inviolability or
American citizenship; in the validity
of our national traditions; in peace
with honor; in friendship with all nations
that respect our rights; in entangling
alliances with none; in reasonable.
preparations for national defense
by sea and land; in shirking nc
sacrifice needed to hand down to the
future the priceless treasures bequeathed
to us by the past; in the necessity
of keeping the western hemisphere
free from the intrusions of European
institutions and ambitions; in
the capacity of free men for sclf-govrnrnent;
in the love of home and ooun
try; and in the unflinching resolution
that government of the people, for
the people by the people shall not perish
from the earth.
The Best Hot Weather Tonic
5ROVE'S TASTF,Iyl?SSchill TONIC enrichts th
pood, builds v.. the whole sys*em and will won
ierfully strengthen and for tif> you to withstatu
.he depressing effect of ?he hot summ" SOc.
mm ui??nww?rr?ww i-biv
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HF
Steps
A- } ! ; j
n I I J I I I I I
Easy iii!;!
- i|jl h < ;
II I!
||j j i
vay you can i
III !
)s easier 13 to
old carpets. jil.u'll
aten paths on F'TjKim
1 RMI/M
rverings makes ty$ 11 iffl
sehoid routine w
I
several makes
'cu Set your ?0
i hey v/ear l? f: 6 0 ;
r 'c WVt/ !
e our I ne it \m AJ
ashing or are yW
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r' f r> r r - jv ? "i
i.v, s t IV. UUi'.iJ Si;. I
H CAROLINA
T A T K 1 T E M S \
?M??W\yUimMI?lHIIIIHWW .?W ? IIIIWI
OF INTEREST TO ALL SOUTH j
CAROLINA PEOPLE j
The supreme court has dismissed
the appeal of Brooks English, who!
was convicted March 9, 1915, before
the circuit court held at Bennettsville,
of non-support of his wife, formerly
AT,'?r.
-liioM ntw i ui niiuiuuro cuuiiiy.
Sheriff McCain has been notified of
the arrest in Oklahoma City of Sam
3. Cook, wanted in Columbia for different
offenses. Cook left Columbia
several weeks ago, and sheriff McCain
has been tracing him in his
flight th rough Atlanta and other Southern
cities.
Ida Cooper, a negro woman resident
of l ake City, died last week from the
effects of a burn which she suffered a
wee k before. Coroner J. F. Gunn was
uimmorj 1 to hold an inquest* and it
developed that the woman's husband
Will Cooper, si t her on fire and threw
x pitcher of gasoline on her to make 1
the burn sure.
Florence last week gave their endorsement
to the issues of city and (
school bonds amounting to $232,000. ,
Of this amount $.">2,000 is for a new
school building or buildings. ^
Gov. Manning' has appointed W. T. |
.Morton magistrate at Lancaster cotton
mills to succeed I. G. Coan, resign ,
ed.
1
The jury commissioners of Charleston
county were invited by Gov. Rich- ]
ard 1. .Manning to appear in Columbia
to confer with him 011 Thursday, July
1st.
c
Mrs. Albert Muldrow had quite a;
xciting oxpc! ionce last week in Flovnce.
While out driving, her horse
lecnme frightened at the A. C. L. j
crossing at Irby street and did his
>ost to run, but Mrs. Muidrow proved
naster of the situation until a colored
nan could get to her a. distance.
Morris Rich, a dental student about
21 years of age, suffered the loss o.
his right eye at Biackville one day
last week.
1
Gov. Manning has granted requisition
papers to the State of North
Carolina for Jesse Fincher, charged
with escaping from county chaingung
who is under arrest at Walhalla.
Seven Columbia banks paid dividends
aggregating 864,500 and the
State treasurer disbursed $1110,000,
making a total of $194,500. The State
payments comprised redemption of
the bonds known as "South Caroline
Blues" and the semi-annual interest
lue on the Brown consols.
Gov. Manning made the following
appointments bud week:
L. Means Bcaty of Union, member
of the sinking fund commission of
Union County; T. H. Stewart, treasur
or of Pickens county; James T. Minis,
treasure)* of Edgefield county; T.
Graham Payne, treasurer of Green
wood county.
Gov. Manning has issued a parole
for six months to Neat Tate, who was
convicted of assault and battery with
intent to kill before Judge J. W. DeVoro
in the May 1015 term of criminal
court at Orangeburg and was sentenced
to three years at hard labor in
Orangeburg county.
In the absence of the direct reports
from Mexico City, which for nearly
ten days cut off by rail and wire from
the outside world, there was much
anxiety in official quarters.
uviMr *.rrm Mi;ii>vwA4Mnik'vcr?n<XTii<.Nn>)irij'>m?b A
1735
cfij j przp ns? $
/Lot i?b j %
SOUTH CAROLINA'S
131st Year Bee
Entrance Examination at a/1 the Co\
A. M.
Full four year course ; lead to tV- II
A * r. ...? ? ji ? i ... i -
i / i yi irmt'iium iwin s>i' .'! y, l1
| A free t it: an ?: Iv );.> :i'p i.. asv.
I Spacious built*:: It J* . Athletic p;rw
] itroMc'i'.'d library facilities.
8 iv\j>ens( ; Moderate. h'or terras ard
I HARRR1S0M RAND
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A' , ?*I
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V?. jw/- ^ j;Aj?^ax/.V|J f4
*. i Good /famvnti ft
R k tQW>**,Ai 'f if1
-'ffrtA&SX.jiT/A??7C,L"\J.7#Jt*i
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WiXTHROP COLLEGE
* *
Scholarship and Entrance Examination.
The examination for the award of
vacant scholarships in Winthrop College
and for tlie admission of new
students will be held at the County
CoUl'l. TTnnsft nn I^imiIhv Inl*? > < * Q
w ? ?/ v V?1 m. a I\IU%V y U U1 1 Sm y ?l( \7
a. in. Applicants must not be less ^
than sixteen years of age. When
Scholarships are vacant after July 2
they will bo awarded to those making
the highest average at this examination,
provided they meet the conditions
governing the award. Applicants
for Scholarships should write
to President Johnson before the examination
for Scholarship examination
blanks. ^
Scholarships are worth $100 and
free tuition. The next session will
open September 15, 1015. For further
information and catalogue, address
Pres. 1). B. Johnson Rock ITill, S.
C.?Adv. til 7-1-15
C VU LOAD SODA III RNEI)
IX TRANSIT TO HORRY f
On Wednesday of last week a lot of
nitrate of soda and the car on which
i was being hauled by the Mull ins
Lumber Co., to Mr. Sam P. Gerald in
Horry was burned. Mr. Gerald bought w
he soda of the Palmetto Grocery Co.,
and they arranged with the Mullins
Lumber Co., to haul it. The lumbermen
report that it made a mean fire
iiul that it was with much difficulty
hat they saved the tram engine from
ho flames. The train had almost
cached its destination when the soda
vas found to bo on fire. Energetic
efforts were made to put out the lire,
jui to no avail.?Mullins Enterprise. a
You Have
Another Chance
The success last Saturday of our
distribution through the stores named
below of our regular 20c nov dty Trial Dottles
<.f Uicjrer's new Flower l)rops perfume for 1<)
rents was sensational. On account of the remarkable
interest shown by the ladies, we have
extended our special introductory otter.
You have another chance tomorrow to get
one of these
20c 5:?"! "SAC Special
jLvJP ~
Yes. this is the new, superior kind of
perfume thatall your friends are talking about,
the perfume that is different. Wonderfully
1;?-iIiner?retaining all the sweet, delicate I'raj:t
nice r>f the real flowers. Subtle, scductivo
ami appealing. N >t like tlm ordinary perfumes
you arc familiar Willi but different
from anything you ever have seen before.
Hbweitwps *
Perfume ^
$1.00 per ounce M.
Any quantity desired
Remember, this special offer of a
novel.y trial L ttie for only 10 cents has V '
never been made before am! i ? confined lo ^
the ladic* of this vicinity. Take advantage
(;! it tomorrow at any of thc3c .slorc*:
CONWAY DRUG CO.
Ho sure to ask about Ileigor's Toilet
Water, etc.?all scented with the
bewitching New Flower Drops
Perfume.
w 'J .Mf.-A?,im?miT <iirj? ? I?IM. wrt?L?iy.i ut:?ary tmi.?iMWi11 ^
1915
ZHARLESTON
ODDEST COLLEGE
ins 0 fobcr 1st.
j ty I :(s on Friday, July 2, at 9
. \. and !>. P. degrees,
t'cn.
:1 to each county of the State*
upda, well equipped laboratories,
r?tf'O/tvo-va ftrfl -
\ (i i mi' ) ?< 'u>: v.": :i i
O! f ' I1 P? * ??i! o t I
*. i I . i I v.? J v l I , n J*
u-? . . . * . * 4 i j.? n ar.wdruwdfjt
"" "
YOU3 HIDES AT HOME L
rl H"( i' ( -SqvkI ino your IIides3
r d frol C/iotk by rot urn Mail at high-;
M'icca. 1
phone for information. |
VV1L.SE W. MARTIN' |
:r and Leather Dealer
COLUMBIA, S. 0. | V
??.9wa*j4 ? ?/*' f? 4. ta4v? aot-.c'i