The Horry herald. (Conway, S.C.) 1886-1923, April 14, 1921, Image 1
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'VOLUME 3teXV. "
COMMON PLEAS
COURT TRIALS
Jury Returns Verdict in Favor
of Butters Lumber 1
Company
MISHOE AGAINST
COAST LINE
-Asking Fifteen Hundred Dollars
Damages for Alleged
Wrong in 1917
Wednesday.
On Wednesday of last week, when
the Herald went to press, the case
of Alford vs. the Butters Lumber
Oi>. was being tried. The plaintiff
had closed its side of the suit, and
the defendant was introducing their
witnesses.
The defendant then swore several
more witnesses, among them W. C.
Beatv. koonor of tho ( nmniissnrv for
the company; A. L. Griffin, mayor
of the town of Cerro Gordo; M. A.
Baldwin, surveyor for the company
at the time the Alford timber was
cut.
Here the testimony was closed and
-arguments of the atorneys were
made.
The jury retired and presently returned
a verdict for the defendant,
Butters Lumber Co.
The case of Jenkins Bros. vs. A.
P. Johnson, a case arising from
transactions between the parties at
Tabor, N. C? was continued until
next term of court on account of the
illness of , 'on. U. B. Scarborough,
.attorney for the defendant.
' Thursday.
i The case (if W. L. Mi shoe vs. the
A. C. L. Ry. Co. was started on
Wednesday afternoon, April 6th, and
the court adjourned for the day. The
case was taken up again the first
thing Thursday morning, April 7th,
T ;and the plaintiff introduced testi*
amony as hereinafter stated.
The story of the case is told in
substance as follows, as copied from
the complaint:
That on or about the 24th day of
February, A. D. 1017, the plaintiff,
W. L. Mishoe, was in the city of
'Co!ttmbiay in the state aforesaid, attending
to his duties as a member of
the General Assembly of said State,
when early in the morning of that
day he received a telegram informing
him of the serious Illness of
his daughter at the home the
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ji*m11y ui i/Oiiway, mat in ino early
rtoriting of said day, desiring1 to
reach' his home as riuickly as possible,
*iwing to said illness, the plaintiff
f/archased a ticket .of defendant
at its station and office in the city
<)! Columbia through to Conway, paying
the defendant the full amount
i\nd price which the defendant
charged him for such carriage, and
thereupon became a passenger upon
the train of the defendant, fully expecting
to arrive thereby at C011-1
>vc\y in accordance with the published
and advertised schedules of the
the defendant, not later th<<n on^
o'clock on that day.
That upon the arrival of defendant's
train upon which plaintiff was
'riding, at the station of Florence,
on said line of railroad, the defendant,
as plaintiff is informed and beJjeves,
through its negligence and
'carelessness, or the negligence and
<cat>efessness of its agents, servants
and employees, was very late in
making its schedule; that the plaintiff
being anxious to reach his destination
for the reason aforesaid, informed
defenedant, its servants,
agents and employees of his anxiety
and the reason therefor, and inquired
of them if the defendant's
trains would make connection at
Chadburn, a regular station on said
line of travel, where tears were
changed for Conway, and the plaintiff
alleges that said defendant, its
agents, servants and employees -at
that time wilfully and wantonly
carelessly neglected and refused to
give the plaintiff any information
concerning the connection of said
trains.
That as said train upon "which
(Continued on page two.)
FROST DAMAGES
EARLY CROPS
, Two frosts the first of this week
^ T ' resulted in damage to the early
crops- in this section. Irish potatoes
were hurt and thd . crop will be
thrown back perhaps a week or
more by reason of the cold. In
some instances cotton had been coding
up where it had been planted
r..,.ivi iv nil ' uch cases it will
have to be planted again.
WAS KEPT BUSY.
Sheriff Jas. A. Lewis was a busy
officer the past two weeks. While
ho was not engaged in serving writs
for court service, he wjis engaged in
trying to locate cars alleged to have
I): en stolen frorri business men and
others in the city of Wilmington.
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ASSOCIATIONAL SUNDAY
SCHOOL CONVENTION
To Be Held at Pleasant Union
Church, May 14 and 15, 1921.
First Day.
10:30 a. m.?Prayer and Testimony
Service, R. O. Hendricks.
11:00 a. m.?Organization, by W. J.
Wilder.
11:30 a. m.?The Value of the Associational
Convention, J. T. Goings.
12:00 noon ? Our Rural Institute
Campaign, by J. L. Corzine.
12:30 p. m.?What We Can Do for
the Boys and Girls in Rural Sunday
Schools, by L. F. Westbury.
1:00 p. m.?Dinner.
2:30 p. m.?Devotional Service, W.
A. Spivey.
2:45 p. m.?The Sunday School Socking
the Lost, by W. J. Wilder.
3:15 p. m.?Two Important Needs in
the Sunday School, by J. L. Corzine.
3:46 p. m.?The Baptist Courier Un
ner convention Ownership, by A.
1). Jackson
Second Day.
10:30 a. m.?Praise, and Testimony,
j by W. J. Ingram.
11:0() a. m.?How to Reach the People
for the Country Sunday School,
by J. L. Corzine.
11:30 a. m.?How the Sunday School
May Help to Conserve the Results
of the Seventy-five Million Campaign,
by J. C. Spivey.
12:00 noon?Some of the Best Books
for Sunday School Work, Mrs. C.
H. Snider.
12:30 p. m.?The Need of Special
Training on the Part of our Young
People, J. L. Corzine.
ALPORD 'LOSES
TIMBER CASK
Damages Claimed by Ida C.J
Alford Refused by The
Jury
INTERESTING CASE
TRIED LAST WEEK
Complaint Alleged That Company
had Exceeded Rights
Given in Timber Deed
One of tho most interesting casGs
tried before the court last week was)
that of Ida C. Alford against Butters!
Lumber Company.. The 0ase was
briefly reported in this paper last
week and our readers are doubtless
familiar with it from wliat was print'
ed in the article; but tin* paper came]
( ill too soon to give the* results of the
l trial.
The jury retired with the case it>
j the late afternoon of Wednesday of
court week, and after remaining out
I for a short time returned a verdict
for the defendant, which means that
II liny decided against the contentions
[Of the plaintiff and upheld the conjteiilion
of the defendant that they
had only used such reasonable
and convenient means of getting off
the limber they had bought from the
plaintifT as was provided in their tim
her deed from her. The Judge in his
charge to the jury explained the nature
of a timber contract in some respects.
The substance of the contention
on the part of the defendant
was that they could not buy timber
and pay good money for it and then
let the owners of the soil refuse to
allow them reasonable and convenient
means of taking the timber off
the land.
It stands to reason that if every
lumber company buying timber had
to take the timber off the land by
such careful methods as would preserve
all the small timber on the
land,' they would haVe to let it remain
there and go back to the owner,
who would, in the course of time,
have the land and also all of the
timber back again.
Take a large tree standing in the
midst of a thicket of small brush
and trees. This big tree must be
felled in the first so that it
may be moved away. How can the
tree be felled and hauled out of the
thicket without running against and
over the smaller trees standing
about? It would be Impossible. It
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wouui cosi more 10 gei me umoer otr
than the timber would be worth if
the lumber company had to handle it
so carefully.
There was also the idea that fjdrhaps
the plaintiff had not taken Mops
to minimize her damage in tho premises.
There was much testimony
nbout the stopping up of a canal.
This stoppage remained there in the
canal for several years, while it appeared,
according to the contention
of defendant that :i few minutes work
would have opened it up and let the
water out which it was alleged had
ruined tho crops for three years afterwards.
It must have been considerations
such as these which determined
the jury's verdict in favor |
of tho defendant. j
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$orr
CONWAY, S. C., THURSDAY
FIELD DAY IS
WELL ATTENDED
Large Crowd Attends Exercises
on Saturday?Long
Line of Parade
The annual Filed Day Exercises
came off last Friday and Saturday,
the program recently published in
the Herald .being carried out. The
weather was fine and the crowd attending
was the equal of any such
occasions has had here in many
years.
On Saturday there was a large 1
crowd of people hero and they re-1
mained throughout the day until the
final act on the program had been
completed.
Those connected with the event
this time are highly pleased at the
success they have had. It was the
first to be held since the world war.
It will be remembered by the people
of the county as an occasion of much
pleasure.
The parade of teachers and pupils
formed in line at the Burroughs
School at 11 o'clock in the forenoon
of Saturday. The . formation was by
twos and must have been at least
three quarters of a mile in length.
The march started at the school
building and ended at the Spivey
building, where a fine display of
school exhibits were shown.
The Conway Symphony Band met
the processioij at the Methodist
church corner and played appropriate
musi'* during the remainder of the
march,
rtjnong the most interesting things
of the day were the flouts made by
the different schools.
jAUTO AND MAN
I RUN TOGETHER
J. V. McDowell, a farmer who
lives near Reaves Ferry, in this
county, while attempting to cross
the crowded part of Third avenue
on last Saturday, was struck by an
ftutomobile driven by K. W. Jones,
Jr., and his injuries were painful
and for a time thought to be serious.
He was taken to the Burroughs
Hospital, where his injuries were attended
to, and at last accounts he
was doi"g very well and expected t^
! #i|iiu i v recover.
Among the injuries he receiV?^
was a dislocated wrist, a severe
bruise on the right shoulder and a
} lacerated left hand. The car was a
I seven-passengfif Hudson. Mr. McI
Do well is (ho father-in-law of Mr.
| K. L. Westbur.v, of Conway, and is
[sixty-three years of ape.
THi: ANNKX CLASS
OF BAPTIST CIURCH
Conductinu Contest, Reds vs. Blues.
Fish Stew a I llucksviilo.
Word comes to us that the Baptist
Annex Bible Class of til? Baptist
churc^ is still growing by leaps
and hounds. The enrollment is now
over 100 and the contest is not .vet
over.
At. this writing the Reds and the
Blues have tied, hut neither has
given up in defeat yet. Each sido
evidently has something up their
sleeve, and ade waiting to catch tho
other napping. For the time being
they are fraternizing bv having a
picnic and "pine hark fish stew" at
Bucksville.
It has likewise come to our ears
that there is some talk of having
a joint meeting of all the Sunday
School Bible Classes in Town on
"Chatauqua Day," April 24th. Should
this he done, the meeting will bo
held in the Chatauqua tent, which
will hold at least fiOO people. Chautauqua
talent or some other noted
speaker will deliver a lecture to the
combined classes of the town.
As an evidence of the interest being
shown by the Annex Class, we
exhibit a copy of a circular which
is being sent out to its members this
week,' one of which has fallen in |
our harids:
"Annex Bible Class.
"Conway, S. 0., April 12, 1021.
"To Our Members:
"Say, Brother, have you pot a job?
Working, eh? Bully for you! Then
keep at it. Labor is honorable.
"It took work to make the world. I
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vjww jjciiurmcu mis miracle in six
days. It took work to save the world.
Christ did this by the great sacrifice
He made. It takes work to
keep this old world moving. This
task is placed upon you and mo. Are
wo doing our part?
"Our next Sunday lesson is "Bihle
Teachings About Work." ft is a livo
subject. He on hand and join in the,
discussion. If you can't talk, you can 1
listen.
"Help us make the attendance 100.!
"The meeting hour is ten o'clock j
sharp. .
D. A. Spivey,
"President.
"Official,
"A. II. I.ong, Secretary."
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, APRIL 14, X921.
FURTHER STEPS
IN CAR MATTER
Jason Ward Gives Bond to Retain
Possession of
Mule
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When M. C. McDowell and L. M
McDowell bought a Ford car from
Jason Ward some time ago, they
traded him a mule in part payment
Last week Sheriff Jas. A. Lewis
took the car from the McDowells
on the claim of W. P. Powell, a
grocery merchant of Wilmington, N.
C. Later the McDowells brought ,
suit to take the mule back, as they
had lost the car. At last accounts
Jason Ward had given bond to re
tain the mule until the trial of the
case.
ARM BROKEN.
Myron Gordon, son of Rev. M. \V.
Gordon, broke his arm Inst Frida'*
afternoon while playing in a gamo
of baseball between Conway am'
Aynor.
Young Gordon was making a rue
when tripped up by one of the other
players. Falling on the ground, his
arm was broken between the elbow
and wrist joint.
SLOW A ROUT IT.
It would appear that in some sections
of Horry county the farmers
and stock raisers have taken kindly
to the new requirements brought
about by the general stock law and
have confined their stock without
exception; while in one or two widely
separated districts there are a few
who are still leaving their stock in
the open,
TWO WEEKS OF
I CIVIL COURT
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I At the sessions of U>20, the Legislature
passt'd an amendment to the
law regulating fct\e courts in Horry
county, so that after that time this
county can have two weeks of civil
court twice a year. The court did |
nolt last but one week this fcessK-nl
for the reason tjbat the provisions
of the new statute were overlooked I
and jurors were summoned for one
week only. The juryman cannot be i
m.ftdcj to serve for more than one!
I -
week, and an entirely different set i
of thirty-six has to he summoned |
fov each week of th? cvvrt. j
Next tnnd tlio fWk will hummon i
the two sets and we will have time 1
to dispense of al! of the cases or..
the docket.
The next term will convene in the i
fall.
o
PICK DICK PRKSJiYTICRIAL
IN SESSION AT (ONWAV I
Interesting and ICnjoyable Meeting
Held Lost Week.
The*seventh annual meeting of the*
Woman's Presbyteria) Auxiliary of
the Pee Dee Piesbytery c'os.cd ?'i i
two-days session at the Presbyteriai! i
church last Wednesday. The subjects
chosen for the meeting were "Evangelism"
and "Our Resposibility to
Our Young1 People," and these were
emphasized whenever an opportunity
availed itself.
On account of the illness of the
pastor, Rev. J. M. I^emmon, the
Methodist and Baptist ministers conducted
the devotional exercises.
There were greetings to the presbyterial
from the Conway Presbyterian,
Methodist and Baptist societies,
following which was a response by i
tho Presbyterial.
The president. Mrs. It. P. llamer,!
of Hamer, S. C., presided. The scc^ i
retaries of the various causes gavo
full reports of the work being (lone <
by the Presbyterial, and in like manner,
the delegates from each auxil- i
iary gave good reports, showing that 1
there seemed to be much interest
manifested along all lines in each
auxiliary.
Those attending had the pleasure j
of hearing the Rev. L. C. Crane, of ,
Africa, who has labored faithfully
for years among the negroes, give 1
an address on "The Open Door." i
Dr. J. M. Holladay's address on
"Evangelism" was also very much
en ioved. I
Miss Julia Ervin, of Darlington r
S. O., told of "Glimpses of Our Work I
in the Orient." Miss Ervin recently I
returned from a trip to the world's i
Sunday School convention .in Japan 1
The local auxiliary and the ladies
of the lown did everything possible
for the comfort and pleasure of the i
visitors, The entertainment com- <
mittee provided a delightful luncheon
at the city hall on the second das
also the visitors and others were i
taken on a boat ride by Mr. W. A.
Stilley on the Veneer M fg. Co.'s
yacht, "The Jeanette," Wednesday
afternoon.
The visitors went away expressing
themselves as feeling that they
had gained much by attending the
meeting', visiting the city by the
Waccamaw, and meeting with such
a splendid body of women.
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PROF. M. J. BULLOCK
LOCATES AT LOR IS
Mrs. Bullock Will Also Teach in the
Loris (traded School.
At a recent meeting: of the Board
of Trustees of the Graded Schools
at Loris, M. J. Bullock, now wind
ing; up his term in the office ol
County Superintendent of Education,
was* elected as Superintendent of the
Loris school, to beg;in with next
session. Mrs. M. J. Bullock .has
also been elected by the trustees as
an assistant to him in the school.
It i* stated that Mrs, Bullock
will teach JCng'lish in the higrh school
and supervise the work in the lowerj
grades and that Mr. Bullock will, of
course, look after the work of th<
hijeh school in a g;eneral way.
In writing- about this appointment
of Mr. and Mrs. Bullock, the Muliins
Enternrise in a recent isue aad the
following: to say:
"Mr. M. J. Bullock is no trae.,v?e?
to the peopie of Horry i>iunt\ and
ha:> a state-wide reputation as an
educator. 11 A taught school in llorry
county for fifteen years, w.\< on tlu
Beard of Education for thirteen
years, and for the past four years I
Iri^ hcon County Superintendent of
Education. Mr. Bullock's knowledge
of the financial system of Horry
county would be of incalculable
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nenont m any school in the county.
"Mrs. Bullock taught tor sonic
years in (he schools of Sumter, S.
C. She studied at Teachers' College,
which is a branch of Columbia University
in New York city. Before
coming to Horry county she taught
in the various Summer Teacher
Training Schools of the State. For
the past five years Mrs. Bulock has,
been teaching in the Horry Cov-ntj.
Teachers' Training School.**
MANY CASES.
PASSED OVER
Only One Fifth of Cases on
Roster Last Week Were
Ended
LAWYERS CAW
REMEDY THIS
|
iLaw Now Provides for Two
Weeks of Court Instead of
One as Heretofore
i The intentions (* the lawyers
icnci turther than their powers of p?r
formance as to tlie matter of cases
they can possibly trv at any term
of the court of Common Pleas.
This is proved by the experience of
Inst week as tlio actual facts wi"
show.
Court week started at three o'clock i
on Monday of last week and lasted
into the forenoon of Saturday. The
last jury case to he disposed of was
on Friday. The rest of the time was
taken up with equity matters and I
routine business that did not require|
the service of a jury. .
But how did the work done com-l
pare with what the lawyers intended
to do? What thov intended to do is
shown by the roster that they mndei
up bv agreement two weeks before i
the court and *chich was published in
a recent issue of the paner before the1
court convened. Looking at this
roster we find listed on the same
some forty cases. Those cases have;
been on the dockets for varying!
length of time running all of the
way back to 1014. What do you
think of it when only five of these
cases were tried ? Some few others,
not exceeding three more were settled
by compromise and agreement
of parties without a jury, thus making
all the great sum of eipht cases
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uiisposgi! ot our or lony sot for trial, j
Forty cases wore fixed for trial and
only one-fifth of them got through
the mill.
This was not finite so had as it was
last fall when a roster list was then
also prepared and Judge Sease *was|
in the chair, early on Monday to go |
ahead, and not a single lawyer an-'
peared to he ready to come to the
bat: The court was adjourned without
doing anything.
Yes, the work of last week wa *
much better than it was last fall,
but it was not as successful in clearing
the dockets as it might have
been, and it shows that Horry must
have two weeks of civil iurv trials in-1
stead of onlv one as it has had up to}
this time.
Under the new law passed at the
11)20 session of the Legislature, thi.
county can have two weeks instead
of one. This was not noticed this
lime and only one set of veniremei
was summoned to attend. The court
could have gone on through this week
if the jurymen had been summoned!
for this week. The two week* that |
nre now possible will no doubt be utilised
hereafter ivtil the dockets in
the common pleas arc cleaned.
There is no doubt, but what many
litigants were dissappointed last week
when their cases failed to got tried.
A man hates to have to go on forever
with uncertainty about his property
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NO. 52,
COUNTY AGENTS
AIDING FARMERS
Showing The Growth of Cooperation
in Southern
States
WAYS AND MEANS .
TO INCREASE FOOD
Promotion of Family Happiness
of Tlve Farms is
Prime Consideration
A York County, S. C., pig club
boy raised a pip last year that
weighed, at nine months, seven days,
MM pounds. The cost of raising was
(>.7 cents a pound.
Cotton growers in Pontotoc county,
M'-js., obtained more than one
cent above t lie local market price
for their cotton by having it properly
classified, and by selling it cooperatively.
A community woodsaw and ir %^oline
engine which cost $500 was installed
in Limestone county, Ala.,
recently, through the efforts of the
negro county agent. The boy who
is operating it learned how to do
so while attending the short course
at Tuskogee.
One Alabama district agent, with
|headquarters in Lee county, reports
$118,837 worth of produce and supplies
handled co-operatively in his
district during H>20. This was a
saving to the farmers of $23,187, or
| an average saving of $1,783 a county
in the district.
Sugar cane in Allendale county,
S. C., was a worth while crop for
one demonstrator in the county. He
planted 3Vj acres, . which produced
1,800 gallons pure syrup when harvested.
This gave a total profit of
$.r>14 an acre, as the syrup sold at
$1 a gallon, He is now planting
five acres,- * a Jefferson
county, Ala., will save
about $5,0Q0 a year in milk and butter
bills by the recent purchase of.
a (?0-cnw dairy for the county farm,
Thesy cows were purchased at the
suggestion of the eoUnty agent. BeI
sides providing dairy products at
I Cost tlw?v will ? ?- ~e
1- J ?.. v. Hill j/l \IV H1C a (IH'clIltS ^ 1
building: up the county farm very
rjnntprially for the growing: of truck
j crops. :kk
| Hamptoti county, C., has ?i
$100,000 :stoek company which function;
as a marketing association by
handling- the farm crops of the community.
The members have put in
, machines for handling: corn and. other
farm crops. They also have a
hit-* potato storage house. The orinanimation
of 1 ho company and its
uccess may he attributed to the advice
and encouragement of the county
agent.
A greater part of the citrus fruit
crop of Putnam county, Fla., has
been disposed of this winter through
special packs which were cold to
the tourists. These boxes of citrus,
11.. ? * 1
pacKoci according to the
directions of the county agent, proved
popular with the northern tourists,
who sent them home as Christmas
presents. The farmers of the
community found the plan an excellent
one by which to dispose of their
produce at a good price.
In Dooly county, Ga., straw was
an unsalable commodity until, with
the aid of the county agent, the
farmers of the county found a purchaser
in a firfn in Alamaba. The
price received was $15, f. o. b. Atlanta.
This netted the farmers
(Continued on page three.)
"MOTHER GOOSE"
AT THE PASTIME
I .
"Mother Goose," a story for the
children, as well as for grown-ups,
will be shown at the Pastime Theatre
next Monday night for the benefit
of the Burroughs School Library.
This story will bring back the
childhood days to the grown-ups?
new mey were entertained at the
fireside by the reading of this story,
and how the rhymes delighted them.
It still serves the same purpose
today among the children, and the
picture will furnish an hour of entertainment
for the old as well as
the young. Kvo'\ child should see
it.
hanging over him. No man can he
blamed for complaining when there
is no way for him to get rid of
troublesome litigation.
The lawyers can remedy this
trouble in this county hereafter and
maybe thev will proceed to do so
from now on.