The Horry herald. (Conway, S.C.) 1886-1923, August 10, 1916, Image 1
1
VOLUME XXXI.
THUS. W. LIVINGSTONE
RELEASED BY COURT
o..1 rs i i: ti a
wins uui in ouiuenumy mat
He Could Marry After
Sentence
FACTS OF CASE ARE
BRIEFLY RESTATED
Notable Trial Which Has Been
Pending in Court
Some Time.
As a result of Habeas Corpus proceeding
under a Writ issued by Judge
S. W. G. Shipp, at Florence, and
which was returned before him on
last Friday, Thomas W. Livingstone,
ol Hammond, in this County, was
discharged from further custody and
was released from the efiects of a
conviction and sentence for the
crime of seduction which was rendered
against him at Conway, under
Judge F. B. Gary, following a verdict
df guilty, at the September term
of the Court of General Sessions for
Horry County in 1915.
Public sentiment at the time oi
this defendant's trial was very much
against him. After a trial which
lasted practically all day he was convicted
under the following section
of the criminal law viz: Section 389
of the Criminal Code, which reads as
follows:
"Seduction under Promise of Marriage.?Any
male person above the
age of sixteen years who shall, by
any means of deception and promise
of marriage, seduce any unmarr^ec
woman in this State, shall upon conviction,
be deemed guilty of a misdemeanor,
and shall be fined or imprisoned,
at the discretion of the Court,
but no conviction shall be had un<lei
this Section on the uncorroborated
testimony of the woman upon whom
the seduction is charged; and no conviction
shall be had if on trial it is
proved that such woman was at the
time of the alleged offense, lewd and
unchaste: Provided. That if the de
fendant in any action brought hereunder
shall contract marriage with
such woman, either before or aftei
the conviction, further proceedings
hereunder shall be stayed."
After he had bpen sentenced by
Judge Gary to three years imprisonment
at hard labor, that is on the
public works of Horry County, or a
like term in the State peitentiary,
the defendant decided to marry, and
sought advice from his attorney as to
whether he had the right after sentence
to contract marriage under the
.statute, and by reason of the marriage
be released from any punishment.
His attorney advised him
that even though he had been sentenced,
in his opinion, he was entitled
to go at large at any time' that
he contracted matrimony. This occurred
late in the afternoon of the
Court proceedings and the defendant
was then in the custody of the Sheriff
of Horry County. He sought to
.f4-Usi ? >
11IIU l/I I v" [JIUOCtUUl/ All 1ASWII c* Illl
iearned that she h'.d gone home, he
was then compelled to make an arrangement
for the Sheriff to take
him to her home and the Clerk of the
Court, Mr. W. L. Bryan, consented to
go with him and the Sheriff to perform
the ceremony, provided the
other party to the contract agreed. |
This program was carried out. The:
next morning the claim was made on!
the streets by the prosecution that
the Sheriff had no right to turn him
loose the night before. As to his
contracting the marriage, some went
so far as to say that somebody had
made a grave mistake. Judge Gary
made no formal ruling on the proviso
of the statute, but it was understood
that his opinion was to the
effect that unless he married before
he was seritenced, the marriage could
not avail the defendant anything.
The attorney for Livingstone moved
in open Court on the next day
after the Sheriff had taken Livingstone
back in custody that the* sentence
be suspended upon the
ant's good behavior, which Judge
(Tlir
"HOKI
C
FEL3ER STABBED; "
MAY NOT RECOVER
. ? I
I
Tracker of Dispensary Graft- i
i
ers Wounded in a Sudden
Fight.
Atlanta, Aug 3.?Thomas B. Felder,
prominent member of the Atlan
ta bar, and well known for the part
he took in the South Carolina dispensary
cases several years ago, was
stabbed here tonight. G. K. Vasson of
East Point, Ga., door-keeper of the
lower house of the Georgia general
assembly, was arrested charged wit J'
the stabbing, which took place in the
lobby of the Kimball house in the
presence of scores of legislators. It
was said by legislators that the affair
grew out of Folder's recent efforts
before a committee of the houseto
defeat the bill by which the city ol
Savannah charter would be amendcv?
4-^ i* i- L - ll- --- * * *
* > [jcniiii, u vute uu uie recaii 01 city
ofiicials.
Keillor, representing certain prohibition
elements, claimed tne recall
of Mayor Pierpont of Savannah was
sought by those favoring the bill.
The attorney and house committeemen
recently exchanged hot words
over the bill, which was tabled today,
but Vasson declined to explain
his interest in the affair, merely issuing
a statement saying he was not
the aggressor in the altercation
which preceded the stabbing. Witnesses
said, according to police, that
Felder and Vas3on exchanged words
over the tabling of the bill.
Felder was stabbed in the abdomen
At a hospital it was said the wound
was not necessarily fatal.
????in m i i i i i ??? i i mgmmmmrn
Gary refused to do. The defendant
then appealed to the 3upreme Court
nnH rf^ontlv tka Sllnmnia O/MH.1
vaiu uupi V1IIC VUUI I
handed down the decision affirming
the judgment of the Horry Court, but
the Supreme Court did not pass upot
the proviso of the statute which
allows the defendant to relieve himself
of the affects of his conviction
by marriage.
The Writ of Habeas Corpus was
returned before Judge S. W. G.
Shipp, Friday, the hearing attende.
by H. H. Woodward, attorney for tht
defendant, and by Mr. L. M. Gasque
the Circuit Solicitor for the State
Mr. and Mrs. Livingstone were prcs
ent at the hearing. After argument:,
which lasted for some time Judge
Shipp granted the following Ordei
releasing the defendant:
Court of General Sessionss
ORDER.
STATE OF SOUTH CAROLINA,
Horry County.
In The Matter of:
The State,
vs.
Thomas W. Livingstone.
The Petitioner, Thomas W. Livingstone,
was tried and convicted for
the crime of Seduction under Section
389 of the Criminal Code at the September
Term of the Court of General
Sessions, 1915 for Horry County, and)
was sentenced by the Presiding
Judge, Hon. Frank B. Gary to three
years imprisonment. After the defendant
hud been sentenced he contracted
matrimony with the prosecutrix,
and moved in open Court for a
suspension of the sentence which was
refused, He appealed to the Supreme
Court from the judgment and sentence
which judgment was affirmed.
No exception was made and no appeal
taken from the refusal of the
Judge to suspend sentence. The Su
preme Court, for this reason made no
ruling as to the meaning of the proviso
to Section 389 of the Criminal
Code. The petitioner now sheeks
his discharge from custody under the
sentence. The proviso of Section
389 of the Criminal Code reads as
follows: "Provided that if the defendant
in any action brought hereunder
shall contract marriage with
such woman either befor e or after
conviction, further proceedings hereunder
shall be stayed." Under this
proviso, I am of the opinion that the
Petitioner, having contracted matrimony
with the prosecutrix after his
conviction, is entitled to his discharge.
The language is. "after;
conviction," and there is no limitation]
as to the time of marriage, arM I do'
not feel warranted in holding that
I
Wxmt
tY COl'NTY AND HEU PEC I'LE, F
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MOTHER REFUSED TO
HAVE CHILD TREATED
A mother called at the office of
one of our prominent physicians here
last Saturday morning with, her bab>^
which was sick and suffering. Its
ailment was pronounced as diptheria
by him and also another physician
who was called in for consultation.
The mother was advised to have the
1 1 x 1 ? ? . .
usuai mouern treatment administered
by injection through the skin, she
bitterly refused to have it done,; and
after all persuasion had failed in this
respect she refused to have any other
treatment administered. ?She was
then told that it was wrong to be
carrying the baby about with a disease
which was communicable like
this and advised to leave the town
to keep from giving it to others.
No excuse except ignorance or superstition
can be given for this refusal
of a mother to have relief administered
to her sick baby. There
is need of more general information
on this subject.
o
One of the side sheds of the old
Porter livery stables has been turned
into a wood-working shop and the
hogsheads for the leaf tobacco sold
on this market are being made there.
the marriage must take place before
sentence as the Statute does not sa\
so. I think this case is analogous to
a case where the Governor after conviction
pardons the prisoner, and the
Sheriff or other officer having custody
of the prisoner refuses to discharge
him from custody after
knowledge of the pardon. The remedy
of the prisoner would be to have
himself discharged under a Writ ol
Habeas Corpus. I have been in
some doubt as to whether the matter
has already been adjudicated when
application was made before Judge
Gary for a suspension of sentence,
and the application refused, but as
it does not distinctly appear from!
the record that the point here made j
was made before Judge Gary, or|
precisely what his ruling was, and
there was no appeal from his refusal
to suspend sentence, and the Supreme
Court not having passed upon
the proper cons Auction of the proviso
to Section 3B9 above referred to.
I am inclined in favor of liberty to
grant the Writ and discharge the
prisoner, and
It is so Ordered.
S. W. G. SHIPP,
Judge Twelfth Judicial Circuit.
At Chambers,
Florence, S. C.,
August 4th, 1910.
The State of course has the right
of appeal.
IK ST, LAST, NOW AND IT REVER.'
UGUST 10, 1910.
IF IMPUDENCE.
SZ, 1
?Rogers in N*w York Herald.
TOBACCO BRINGING
VERY HIGH PRICES
Tobacco is bringing higher prices
this year than ever before, at all of
, tfie warehouses in Horry County. It
is estimated that the. crop .lacks
only about fifteen to twenty per
cent of being as large as last year
and the year before. It is hardly the
shortness of the crop that causes the
high prices. Just what it is remains
in doubt, but the fact remains that
farmers are getting more from their
crops this year than ever before in
the history of the industry in this
section of the State.
Quantities are being sold here
every day this week. All of the
warehouses at Loris and Aynor are
making big sales. The prices range
as high as fifty cents per hundred.
Any lot with any coloring at all is
likely to run as high as from twenty
to thirty five cents .
o
State Candidates.
The candidates for State offices
will address the people here on
Thursday, August l()th.
o
What aDnears easiest now mnv
turn out to be the hardest later on.
MOSQUiTOESARENOW
MOST FEARED RESULT
Some fears have recently been expressed
that fevers would follow the
Hoods in the rivers and the heavy
rains all over this section of the
country. Careful study of the subject
shows that there should be no
great fears on this subject and in i
fact no more than would follow the
| ordinary conditions in this section of
t the country.
In the first place this flood water
will as usual gradually dry up andj
will gradually drop out of the rivers
and tributary streams. The sun will
penetrate in many places and act as
the best germicide known to nature.
Probably the worst result of the wet
will be the hatching out of numerous
mosquitoes . As to these precautions
should he taken in time. They are
carriers of malarial germs. Avoid
them as well as the extra crop of
house flies that may come about, by
screening the windows and placing of
efficient bars round the beds.
Another important thing is^ to
watch the water supply. The unsual
.amount of water might in some cases
flow into tbo source of supply for
drinking purposes. If you are uncertain
in regard to this, boil the water
until the danger is past.
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>> .S 3 'C VM
SEWERAGE BOARD IS :l
; ELECTED BY COUNCIL
The recent election in favor of
fr\*? cDtrornirn nn?l u-nvL'c
,,X,M Ov M M iiu " *?vv 1 .. v/4 "
made it necessary for the town
council to elect a board of sewerage I
commissioners to act under the law.
The council held a meeting on last
Tuesday and elected the board as follows:
S. P. Hawes, H. 1\ Little, 11. T.
Hyman, T. T. Elliott, G. B. Jenkins.
o?
RURAL CARRIER EXAMINATION
The United States Civil Service \
I 1
Commission has announced an ex- lamination
for the County of Horry,
S. C., to be held at Gurley on August ;
26, 1916 to fill the position of rural
carrier at Gurley and vacancies that .
may later occur on rural routes from (
other post offices in the above-men
tioned county. The examination will
be open only to male citizens who (
are actually domiciled in the territory
of a post office in the county ;
and who meet the other require- i
ments set forth in Form No. 1977. i
This form and application blanks ]
may be obtained from the offices
mentioned above or from the United '
States Civil Service Commission at
Washington, I). C. Applications .
should be forwarded to the Commission
at Washington at the earliest
j practicable date.
O ;
What attention would you pay to a
man who would say that these wars ^
are uncalled for and entirely unnecessary,
when you know that he
has not spoken to his neighbor in j
more than a year and is always at
the front in every neighborhood dispute
that arises.
o
Doctors King and Dusen
bury, in consultation on a
case at Aynor, 5. C., have (
pronounced the disease (
Infantile Paralysis.
Unconfirmed reports
I
state that there is a case j j
of Infantile Paralysis on
the farm of Mr. S. T. Sessions,
about two miles
from Conway.
AUTOBOOSTERSTRIP I
wis nil i Fn nrr
wiriv vnkkku vi i
The Mullins Tobacco Boosters s
Parade which was advertised in this i
paper to take place to-day, Thursday, (
August 10th, accompanied by a brass t
band; was called off and will not t
take place, owing to the heavy rains 4
which continued, and the flood condi- i
tions of the rivers making it impos- s
siblo for machines to make the trip, i
Those who were interested in the 1
parade regretted the circumstances t
which caused it to have to be called c
off. r
*
_ NO. 16.
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FIRST SOUTH CAROLINA
REGIMENT LEAVES STYX
Col. Blythe Commands Three
Sections Entrained Last
Monday Morning.
Columbia, Aug 7.?The first infantry
regiment, South Carolina National
Guard, entrained at Styx for the
Mexican border this morning. The
regiment, under the command of Col.
Fl. M. Blythe, was moved in three
sections over the trackt of the South
ern Railway.
The first section, composed of the
first batallion and the machine gun w
company, under the command of Major
E C. von Treackow, left at 9:03
a. m. The second section, carrying
the second batalion, the sanitary
iletachment and the supply company,
under command of Major T. B.
Spratt, departed at 10:45 a. m? and
the third section, composed of the
first batallion and the headquarters
company, under command of Maior
K. F. Watson, left shortly after noon.
It is estimated that the Second
regiment, the Charleston Light Dragoons,
the Johnson Engineers and
the hospital company, will leave some
time Wednesday in four sections.
NEWHEALTH OFFICER
TAKES ACTIVE PART
W. C. Langston was recently appointed
as special health officer for
the Town of Conway. Ho got busy
nt once investigating as to all possible
sources of foulness and causes
:>f ill health about the town. Several
closets in the business section were
condemned andv steps taken to get rid
>f them. The owners of property
were all asked to cooperate in the
work of thoroughly cleaning up.
o
Mexican wives must be above the
iverage; for it is said that Ameri ans
who married Mexican wives in
Mexico are the only Americans who
lave flatly refused to leave that
ountry. If the wives in question
vere not able to hold them, you see
hat the men could kill too birds with
>ne stone, not only leaving a bad
ountry out a bad wife.
HAS ANAMPLE
FOOD SUPPY
Berlin, Via London.?The foot!
situation in Germany i)s satisfactory,
according to an official statement
lealing with the economic status of .
11L *
uc iiuium, 1 ne siaiemenr,compares >.
ho harvests of 1914 and 1915 says:
'The splendid system of distribution
ind consumption and the storing of
tupplies enabled us to overcome the
infavorable economic year of 1915Lf>
without serious derangement of
he life of?our -people. The present
ioonomic year prbntisefe to be even
nore satisfactory."