The Horry herald. (Conway, S.C.) 1886-1923, October 07, 1915, Image 1
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VOLUME XXX.
VERDICT OF INQUEST
? ON DEATH OF COOPER
Coroner of Horry County and;
Jury of Inquest Enquire
Into Death
V>t WITNESSES TELL
WHAT THEY KNOW
Jury Said Death Caused by
W^ Falling Boom of Skid*ding
Machine.
r % ^
'it c>/? V. D* Johnson on last Sat{
^i> Q>. *
1^.2 concluded the inquest into the
I x^rusc of death of Henry Cooper who
^.vas killed on the timber works of the
"onway Lumber Company some days
^ before, and whose death was told
^ about in our last issue.
After swearing the witnesses whose
testimony appears below, the coroner's
jury returned their verdict as
follows:
We find that Henry 13. Cooper came
to his dei..h by a failing skidder boom,
while employed by the Conway Lumber
Co.
4, V. D. JOHNSON,
Coroner for Horry County.
(Sgd.) C. M. GRAHAM,
Foreman Jury of Inquest.
J. M..WATTS,
J. G. JORDAN,
E. N.J3 ANDERS,
N. M. HOLT,
I. N. HARDWICK,
Jurymen.
* T.?e testimony taken follows:
"Buck Baxley, being duly sworn, says: !
I was pulling the skidder with the eneine.
I was looking back, he motioned
me to go slow. I heard some one
holler. I looked ahead, then I heard
the lumbering of the fall behind me.
"When I got there the boom was down'
and he was dea l. The skidder was
jypt oulling logs. We were moving |
the skidder. I was pulling the train
as slow as I could to move her, I have
been around a skidder about 11 years.
Everyone of her type are just alike.
W. E. BAXLEY.
Isaac Ambrose, being sworn, says:
We jacked te skidder down and pullf>H
V*or nhnni V\ol^ L? *
? v? mhii. mc icnj^m vi ner. a.\
maple pole caught in the guy that
holds the boom up, it lightened the
guy and raised the boom. When the
poll slipped out it caused the boom to
drop and that gave it a jerk and caused
the bolt to break. I saw the boom
coming, jumped off the wood car and
A looked around in time to see it strike
rA& jSlr. Cooper. He lived about half minv*ite
after I got to him. The boom
/I struck him on the right shoulder. The
skidder was moving. The pole was
lying by the track. It had not been
moved. The witness does not know
who put the line up that holds the
V boom up.
* ISAAC AMBROSE.
Arthur Holmes, being duly sworn,
\ sit's: I was standing on the same car
he got killed on, he was standing on
right hand side, I was standing in
center, I was standing with my back
towards the engine when I heard
some one holler, look out in that time
the pole fell and struck him on the
shoulder. When I got up from beMtween
the booms. Mr. Cooper was unler
one of them ahead of me. All I
can say the boom fell on him and killed
him, he was foreman of the skidrler.
They were moving the engine as
slow as they could. He was waving
the engine ahead.
his
ARTHUR X HOLMES
mark
Albert Rice being sworn says, I saw
^he boom fall and kill him, I was in
three (3) feet of the boom when it fell
The skidder was moving as slow as it
could be pulled.
ALBERT RICE,
s
George Booth being sworn says, We
backed up and coupled up and got
r^dy to start ahead. We were moving
along slow, and a maple pole caught
under the boom guy. Mjr. Cooper was
standing on the car. The maple pole
jerjked t\\e guy up and aa it started
back it bwjce.ftnd came down, and killad
him. I was on the wood car. He
baa been the Foreman ejery since I
(Continued on rage Eight) ^
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GRAND JURY MAKES
. FINAL PRESENTMENT
Were Discharged From Further
Attendance Upon Court
.Last Friday Morning
MR. NORTON RETAINED
BY THE COMMITTEE
Attention Called to Tax Executions
During Term of
*
Sheriff Sessions.
The grand jury finished up their
work last week by Friday morning
and the fin ' presentment was read
in open court as follows:
STATE OF SOUTH CAROLINA
County of Horry.
Court of General Sessions?Fall Term
1915.
TERM REPORT OF GRAND JURY {
To the Honorable Frank B. Gary,'
Judge Presiding:
The Grand Jury beg to present to
the Court its final report for the term.'
1. We have passed upon all the
bills of indictment handed out to us
by the Solicitor and have returned
them with our findings to the Court, j
2. We will first itemize those recommendations
of a public nature
upon which we have agreed and will
next itemize the presentments for
crimes and misdemeanors.
I.
3. At the Spring Term of Court,
the Foreman appointed Mr. J. S.
Battle to act with the foreman as a
committee to report to the Grand Jury
on the conduct of the County officers
and at their discretion to order an investigation
of the fiscal and administrative
affairs of the County
4. In pursuance of thi^*^' the
Committee obtained the sel^^s of
Mr. J. O. Norton, who is familiar with
the County affairs, to make a full investigation
and report his findings.
5. A preliminary report by Mr.
Norton is handed to the Grand Jury.
This report covers a general statement
of the fiscal affairs of the County;
but does not include the very important
details showing .the working
of the Township Supervisor method
of road control and supervision, or
showing the present condition of
school district finances.
6. The investigation made does
show that the tax executions unaccounted
for by the late Sheriff B. J.
Sessions;, to which grand juries have
so often called attention, have all been
accounted for; and by authority of the
Comptroller General the matter has
virtually been closed up. The report
shows that the settlement sheet of
June BO, 1912, makes a total charge
against the Sheriff for old executions
of $6,9G4.95. The investigation by
Mr. Louis S. Searson for the Comptroller
General credited to the Sheriff
in the settlement for 1913, the sum of
$3,023.78 in nulla bona executions,
leaving a charge for old executions of
$3,941.17. To this amount Mr. Norton's
investigation has added some uncharged
executions amounting to
$74.77, the total charge being
$4,015.94. |
This charge made on the settlement
sheets for taxes of 1914 has been accounted
for as follows: Nulla bona for
1909, (an omitted credit) $1.58; Nulki
bona executions for 1911 $1,071.86;
Nulla bona (old executions lost or
destroyed shown to be uncollectible
by the Sheriff's and Treasurer's records)
$782.04; Cash paid by Sheriff
Sessions at the different settlements
for executions in 1910, 1911, 1912 and
1913 ..$1994.23. This leaves still due
by the Sheriff's bondsmen the sum of
$166.21.
rj iif. i ? ? - - -
/. we aesire to quote the following
statement for Mr. Norton's report:
"I should say for the deceased Sheriff,
that there is absolutely no doubt
that the sum named as due is entirely
the result of erroneous balances in
settlements for executions from *
to year. No malfeasance in office can
be laid to his charge. His shortage
was caused by the negligence generally
of all the officers connected with
the County tax department. The ;
present officials have had no respon
"HORRY COUNTY AND HER PEOP
NWAY, S. 0., THURSDAY, OC
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sibility in the matter." !
8. Mr. Norton reports orally that I
when he was closing his report last
Saturday, The County Treasurer re-;
ccived checks from the Comptroller
General in payment of the Jenrett
shortage. This shortage flue since
1910 was as follows: Due the State!
$57.01; due Ordinary County $590.39;,
due general school fund $786.57: total
$1439.97. Checks for the County and|
School funds have been received by
the County Treasurer and the matter,
?i i ?
CIUSUU up.
9. We desire to call attention to
the following statements of the investigation.
(a) "The County Treasurer does
not make proper reports each month
to the Comptroller General, the County
Board of Commissioners and the
County Superintendent of Education
as specially provided by law."
(b) "The County Supervisor's records
of claims filed and checks issued
are not kept in good condition. *
Either the system of accounting used
is not a good one or the work done
under the system is negligently performed.
The minute books of the
County Board of Commissioners are,
fairly well kept, but show evidence of
the general lack of organization
throughout the office of Supervisor
and County Board of Commissioners."
(c) "The control by the County
Board of Commissioners of County
expenditures has always been largely
nominal. The Board has known little
or nothing of what money is expended
until the bills come ^r payment. Cer
tainly control of expenditures cannotj
be had merely by the auditing of accounts
filed."
"The law provides for the limitation
and control of expenditures for road
purposes by Township Supervisors.
It appears necessary that a similar (
method of control be adopted by the
County Board for all other expenditures.
If for nothing else it is neces-1
sary for the protection of the Town-1
ship Supervisors."
(d) "The apportionment of school1
funds by the County Superintendent
of Education is made upon an entirely,
wrong basis. Taxes charged for collection
and not taxes collected have
been credited to school districts. The
present accounts with school districts
should be carefully corrected and
proper aportionment hereafter be i
made."
10. We recommend that the statements
of paragraph 9 be served upon
the officers named; tha ta settlement
of expenditures for the fiscal year
1915 be made as of December 31, 1915,
on or before the January meeting of
the County Board of Commisioners, I
WEATHER FORI
For the Week Beginning Wen
Issued by the U. S. Weath
FOR SOUTH ATLANTIC AND Ej
Generally fair weather is indicate!
cooler Wednesday and Thursday an
!> m
LE, FIRST, LAST, NOW AND FORE
TOBEH7, 1915 m
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?Zero in Brooklyn Eagle.
and such settlement be witnessed by
I
such member of this grand jury hold-,
ing over as is selected by those hold-1
ing over; that in the event the re-J1
quirements of the law above stated
are not being then carried out, the
member of the grand jury witnessing
the settlement be authorized and re-j
quired to request the Solicitor to apply
for a rule to show cause against
the negligent officers, returnable at!;
the Spring Term of Court, 191G.
11. We recommend that Mr. J. O.,
Norton, in accordance with his re-1
quest, be authorized to continue his {
^ inyer*'Ugauon and to report to the sue-j
ceeding grand jury through those;
members of this grand jury holding;
over.
12. The attention of this grand jury-;
has been called to the lack of guide |
posts and boards at the cross roads '
in the County; and also to section ]
1942 of the Civil Code 1912 providing J
that each overseer within his district ;
may erect posts and guide boards at
the expense of the County. Travel ]
over the County especially by Strang- '
ers is increasing as the roads are improving.
We wouid therefore recom- ^
mend that the County Board of Commissioners
and Township Supervisors '
carry out strictly the provisions of ^
said section 1942.
; \
13. We have received and herewith
file with the Court (a) a report by the '
Solicitor upon the offices of Clerk of ^
Court and or Sheriff of this County; ,
(b) a report by the County Superin- ,
tendent of Education upon the School
claims paid by him; and (c) a report
by the Clerk of Court upon the several
funds held by him as Clerk of Com
mon rieas.
n. j1
14. Statements signed and unsigned]
have been handed to the Foreman andj
memberb of the grand jury charging j
various crimes and misdemeanors ^
against persons named therein. This ,
i
grand jury prefers not to make public
presentments for crime against any
citizen upon unsworn statements, ex- ^
cept after personal examination of the
facts by a member or members of the j
grand jury. We have therefore referred
the memoranda of several ^
charges to the Solicitor for such investigation
and for such record as he .
may deem advisable for the public,
good. *
15. We present Shelley Williams ^
and Dora Ward for living in adultery
and herewith file the names of the
witnesses to be bound over with the j
Clerk of Court for the use of the So- ' *
licitor.
ROBBIE STALVEY, '
Foreman.
Conway, S. C., Oct. 1, 1915.
ECAST ~ !
iesday, October 6th, 1915.
er Bureau, Washington. D. C. 1
K ST GULF STATES: <
i throughout the week. It will be
d somewhat warmer thereafter.
xM.
RETURNS COMPLETE
ON LIQUOR VOTE
The Figures Given On Wet
and Dry in Each
County
CERTIFIED FIGURES
FROM OVER STATE!
i
Dry Cause Receive? 41.73 5
Votes, Boarl Met on
October 5th.
*
Complete and certified returns from
all counties in South Carolina, as
filed with the secretary of state, give
for prohibition 41,7115 votes and
. . aga rtharthodorad rhrtmafamtr rd
against prohibition 16,809. The election
was held September 14th. The
State board of canvassers was called
to meet October 5.
Following is the vote by counties:
Dry. Wet.
Abbeville 723 246
Aiken 1,126 315
Anderson 1,985 847
Bamberg 448 232
Barnwell 543 488
Beaufort 203 164
Berkeley 248 186
Calhoun 346 185
Charleston 370 2,607
Cherokee 1,209 259
Chester 625 234
Chesterfield 887 496
Clarendon 550 157
Colleton 801 226
Darlington 1,152 149
Dillon 494 162
Dorchester 454 497
Edgefield 710 70
Fairfield 453 13S
Florence t 1,514 362
Georgetown 319 154
Greenville 4,090 1,028
Greenwood 1,172 234
Hampton 545 227
Horry 801 727
Jasper 152 40
Kershaw 620 335
Lancaster 989 202
Laurens 1,410 370
Lee 473 236
Lexington 1,405 572
Marion 604 114
Marlboro 828 38
Newberry 1,170 398
Oconee 1,108 162
Orangeburg 1,415 493
Pickens 1,028 315
Richland 1,257 784
Saluda 787 136
Spartanburg 3,338 1,251
Sumter 652 244
Union 1,281 427
Williamsburg 565 132
ifork 813 164
Total 41,735 16,809
CONSENT VERDICT 1
ill nnnrnm aiai
in HUBtfi 15 UAdt
Last week a consent verdict was
taken in the court of common pleas
in final settlement of the damage case
pf Nelson Roberts against the Conway
Lumber Company, a case which had
scon pending for some time. The
plaintiff was under age at the time of
the injury several years ago. He v
working for the lumber company in
the timber woods in Gunter's Islands
near Pee Dee River and was engaged
in cutting a tree top out of the right
pf way of the tram road. Another
force of hands were at work nearby
felling trees, and the complaint alleged
that without warning from the superintendent
of the work, a tree was
allowed to fall on the plaintiff dislocating
his hip and causnig other peruanent
injuries. The compromise
irerdicf wjis $900 00
o
A great break in the heat wave in
:he Middle Atlantic and New England
States was indicated Friday in the
veather bureau forecast. Showers,
ind thunderstorms have helped to
ower the temperature somewhat in
he Gulf "fHartea and the Mississippi
ralley.
?o?
A. S. Richardson was in the city a
ew * day 41 a g OW f I
I
NO. 26,
CRIMINAL DOCKETS
ABOUT CLEARED UP
Court Rapidly Disposed of
Business Until Late
Friday Eveneincj
j*
NOT MANY PLEAS
. CF GUILTY ENTERED
*1 mii ?
.3 I -i *>
Court Room Crowded During
Most oi tlie Time of
Court.
" ] ?
The court of General Sessions lasted
from Monday morning of last week
until late in the afternoon of last
Thursday. There seemed to be more
than the usual number of cases on the
dockets to be tried. The court took
these up vigorously on Monday afternoon
and took no rest except the regular
adjournments until the court was
closed Friday evening.
The court room was filled with
spectators during the greater part of
the time. Usually there are many
pieas of guilty entered. This class of
i pleas were few and far between this
, time. The defendants in most cases
' hired laywers and fought their cases
t out to the bitter end. Following is a
list of the cases disposed of not men;
tioned in last week's issue of this
paper:
In the case of The State vs. Odell
Stroud, Hob Stroud and J. H. Stroud,
, charged with riot and assault and battery
of a high and aggravated nature,
at the close of the State's side the solicitor
withdrew all the charges as to
John H. Stroud, and the charge of riot
as to Odell and Hob Stroud. The deI
fense then agreed to plead guilty to a
simple assault and battery. This was
accepted by the State and the case
ended. Odell and Bob Stroud each
paid the fine imposed by the court.
The State vs. E. K. Richardson for
disposing of property under lien was
settled and the indictment dismissed.
The State vs. Henry Anderson on a
charge of asault and battery with intent
to kill, was tried on Wednesday
morning. The defendant found guilty
of assault and battery of a high and
aggravated nature. He was sentenced
to 5 months or a fine of $150.00.
The State vs. Everett Watson was
dismissed.
Joe Adams failed to appear to answer
a charge of assault and battery
with intent to kill.
The State vs. Daggett Tompkins for
bigamy was dismissed.
The State vs. Alex Mc Daniels
charged with rape was dismissed.
The State vs. P. P. Tyler for disposing
of property under lien, was dismissed
The State vs. J. W. Dawsey and W.
W. Dawsey was no'\ prossed
The State vs N. Mosely for disposing
of property under lien was continued.
The State vs. S. P. Alford was noli
prossed.
The State vs J. W Sasser for assault
and battery was dismissed and
papers filed
The State vs. C. N. Causey for obstructing
landing or public road was
continued until the next term of the
court.
The State vs. N. A. Roberts charging
a misbranding of stock was tried
on Friday morning and the defendant
cleared.
The State vs. J. H. Johnson, charged
with larceny, of a pistol at Aynor
from the home of J. S. Cullipher, was
tried and the jury rendered a verdict
of not guilty.
In the case of the State vs. Boyd
Lupo, the State accepted a plea of
guilty of assault and battery of a high
and aggravated nature and was fined
in the sum of $50.00 which the de
fondant paid.
The case of the State vs. H- W?
Lewis was continued.
The case of most interest wm that
of Thomas W. Livingstone who was
found guilty of seduction and swAtfcnced
to a term of three years. This
case took up practically all of Thursday,
many witnesses having been drammed
on each side.
f.