The Horry herald. (Conway, S.C.) 1886-1923, April 14, 1921, Page PAGE TWO, Image 2
TAPE m
COMMON PLEAS
COURT TRIALS
Continued from pago cue.)
plaintiff was riding was leaving the
city of Florence, plaintiff /pplied
to the agent of defendant, viz., the
conductor of said train, and requested
that said conductor upon arriving
ait the next station should wire
Ahead and arrange to hold the train
at Chadbourn, so that plaintiff would
JtKJ sure of making the connection
and reach his destination as (juickly
as possible, and the said conductor
promised and agreed to attend to
the same.
That plaintiff is iut'ormed atwl believes
that the defendant, its servants,
agents and employees wiltfvlly,
wantonly and" in a careless
aind negligent manner failed and re
ifused to wire ahead, as they agreed
o do, and failed to obtain or furnish
any information to the plaintiff,
but a little later, as the train
"was at the station called Pee Dee
on said line, the said conductor told
*the defendant that he would find out
later on and let the plaintiff know
at Marion, S. C., another station on
?aid' road, and the plaintiff then
fnlH tho ?nid conductor that. if ho
"found that the train would not be
held for him at Chadbourn that then
the plaintiff would take an automobile
at Marion, S. C., and endeavor
to reach his home in that way.
That as plaintiff is informed and
believes, the defendant, its agents,
wervants and employees in a wilful,
wanton, careless and negligent manner
failed nnd refused still to obtain
and give him any information
concerning said train, well knowing,
sis- plaintiff then and there informed
them, of the circumstances making
it imperative that plaintiff should
reach his destination, and failed to
inform him as to the result i* making
connections by reason of their
careless and negligent failure to run
their trams on time, and when said
train had reached the station of
Marion, the conductor approached
the plaintiff and told him that defendant's
train had already at that
time left Chadbourn for Conway and
advised the plaintiff to get off of
-defendant's train at that point of
Marion and take a private conveyance
through the country, if he
"wanted to reach home that night,
which statement of 'fact, viz., that
*aid train had left Chadbourn was
false, and as plaintiff is informed
and l>elieve?, was known to be false
to the defendant, its agents, servants
and employees at the time,
>ut it was not until afterwards that
plaintiff learned that said statement
was false.
That the said day, viz., the 24th
day of February, 1917, was bitterly
'cold and a freezing wind blowing,
there had been recent heavy raina
and tne road was in a frightful condition,
all of which the defendant,
its agents, servants and employees
had knowledge, but as a result of
what the conductor said to the plaintiff
as aforesaid and which was
alone, as plaintiff is informed, wilfully
and wantonly, carelessly and
negligently, the plaintiff believing
.said statements to be trve, left the
defendant's train and hired an automobile,
which exposed him to the
severe weather along bad country
Toads over a distance of more than
thirtv th;?h tho rnr
-down before going very far on the
way, and the driver refused to continue
the journey on account of the
excessive cold and the roughness of
the roads; that after laboring and
suffering in the mud and the severe
cold, the plaintiff succeeded in hiring
another automobile along the
road, and this in turn only carried
plaintiff a few miles on the way and
refused to take him any further,
when the plaintiff finally succeeded
in employing a third man, and
finally reached his home at Conway,
.S. C., at eight (8) o'clock on the
night of February 24th, 1917, and
later, the plaintiff learned that the
defendant's train w*ft held at ChadS
AWc 1
M For Women F
Md "I was hardly able to drag, 1 &
iM WRS so weakened," writes Mrs. L
CD W. P. Ray, of Easley, S. C. K
fj "The doctor treated mc for about
M two months, still I didn't get Nr
Ml any better. I had a large fam- M
U| ily and felt 1 surely must do
/Qy something to enable me to take QL
n care of my little ones. I had ^
|f| heard of nr
Aa A ni%m C
iUAKUUlE
jw Tto Woman's Tonic K
'JH0 *1 decided lo try It" con- fif
finues Mrs. Ray . . . "I took
eight bottles in all . I re- Nf
IM gained my strength and have
had no more trouble with wo- m
yO manly weakness. I have ten
in cliildren and am able to do all ETJ
jrj my housework and a lot out- Hr
jr^j doors ... I can sure recom- jr''-'
^ mend Cardui." P&
In Take Cirdui today. It may jr
W be just wl\at yoil need. ro.'
At all druggists. p
1 '/ :
jfii* .'flk iffhi i^(y ih <ir "*frn
.
\ ,
bunt, N. C., for other passengers
who it brought to Conway at three
(3) o'clock in the afternoon on that
day, and that by reason of the cold
and exposure, the anxiety, suffering
and inconvenience which was caused
as hereinbefore explained by the defendant
by the wilful, wanton, crimeless
and negligent acts hereinbefore
set forth, he contracted a severe cold
and suffered a severe chill, and unon
his arrival at home had to call a
physician to attend him, was made
very sick and suffered a serious nervous
break-down, and suffered groat
mental and physical anguish, was
confined to his bed for a lonp time
and was prevented from attending
to his usual official duties and
spent large sums of money trying
to ?ret himself well, and as he verilv
believes was permanently injured,
->i suffers f'-nm the effects
thereof, by means of all of which
as hereinbefore in this complaint set
*he plaintiff has been damaged
in the sum of one thousand, five
hundred dollars ($l,f>00.00).
That all of the facts in relation
to plaintiff's passage in regard to
making the schedule of the defendant
and the information in regard
thereto as referred to, and in relation
to obtaining information for
plaintiff were, as plaintiff is informed
and believes, done wilfully,
wantonly, carelessly and negligently!
in reckless disregard of the rights
of the plaintiff, and the aforesaid
injuries of the puaintiff ware caused
by said acts which damaged him in
the sum aforesaid.
The jury trying this case was at
follows: .1. W. Smith, John W. Sasser,
Jr., Lem W. Anderson, J. T.
Shelly. K. M. Gerrald, J. W. Pridgen,
J. B. Williamson, Bart I.. Shelly,
M. G. Powell, Alford Lancaster,
W. Chap Martin. Chas. C. Bullock.
The plaintiff, W. L .Mishoe, swore
the following witnesses.
The plaintiff himself, who told the
same things in substance as those
stated in the complaint.
Geo. J. Hollidav testified that Mr.
Mishoe camc to Galivants Ferry on
that day, about 12 or 1 o'clock, and
wanted him to send him to Conway;
that it was very cold on that day
and hard to pet anybody to pro, but
sent W. P. Powers to carry him to
Cool Springs.
K. L. Mishoe testifed that he saw
the plaintiff at Cool Springs and
that he cranked up his car and
brought him to Conway; that plaintiff
was very cold and nervous,
wanting to get home to his daughter,
who was ill, according to the
telegram. He said that it was a very
cold day.
W. P. Powers told how he managed
to get the plaintiff from Galivants
Ferry to Cool Spring on that
dav. and how ho rmild nnt it
to take him any further than Cool
Spring on account of the severe cold
and exposure, and told about the
condition of Mr. Mishoe on that occasion.
Dr. J. K. Stalvey, the family physician
testified that Mr. Mishoe applied
to him that night; that he had
a chill and was a very cold man;
that he went to him the next morning
and found him suffering from
neuralgia in the eye and that this
was caused by the exposure; that
Mr. Mishoe went back to Columbia
and again returned home and was
sick for about three weeks, during
which time he attended two or three
times a day and that he was still
suffering from the affliction of the
eye and a deep-seated cold; and that
he had treated him since that time
for the trouble and never treated
jhim for this before this exposure.
This closed the testimony for plaintiff.
The railroad company then put up
their testimony by calling the various
agents, conductors, and dispatchers
who had managed the train during
that day. The main witnesses were
Conductor Pae and Dispatchers Coe
at Florence, and Peel at Wilmington,
N. C. They produced the records of
the railroad to try to show how the
trains were run on that day.
On cross examination Peel said that
they should have been kept informed
of the movements of these trains and
that the train, under the rules, should
not have been delayed more than on*
hour at Sumter, etc. The conductor
denied that he had told Mr. Mishoe
at Marion that the train had left
Marion.
At the close of all the testimony
the railroad moved for a non-suit,
which was refused. Then the arguments
were made on both sides, and
the jury charged by the court.
The jury returned a rerdict for
$600.00 actual damages at about 8
o'clock Thursday night, and were diHeharged
by the court.
Attorneys for the railroad company
pave notice of a motion for a new
trial, to be argued on Friday morning.
o?
A TONIC
Grove's Tasteless chill Tonic restores
Energy and Vitality by Purifying and
Enriching the Blood. When you feel its
strengthening, invigorating effect, see how
it brings color to the cheeks and how
it improves the appetite, you will then
appreciate its true tonic value.
Grove's Tasteless chill Tonic is simply
Iron and Quinine suspended in syrup. So
pleasant even children like it. The blood
needs QUININE to Purify it and IRON to
Enrich it. Destroys Malarial germs and
Grip gerins by its Strengthening. Invigorating
Effect. 60c.
?O
One-Handrd Clock.
What Is probably the oldest alarm
clock In America, made in America,
dates back to pre Revolutionary times,
and was made by Jonathan Wood of
Philadelphia. The dock ha** but one
hand, that telitnir the hours, which
are in Roman numerals separated Into
four Motions, l.'i minutes apart, so thai
It i> possdde to estimate 'he time
within I wo or <!.'< ? minir.es after ti
little practice. I'lie time and alarm
arc both ouurutvd hv welkins.
an HORBY HBKALD, 0
FOWLER SCHOOL
TERM CLOSED
\
W. A. Prince Delivers Address
From Steps on Front
Porch
The Fowler School, under the super
vision of Miss Priccie Hooks and
Miss Em nui Williams, of Nichols,
closed a successful term of seven
months, on Friday, April 1st.
By early mom both parent and
children were seen coming from every
direction. By the noon hour
both the yard and house were filled
with people. Quite a number were
present from Tabor and Loris.
At the closo of the program Mr.
Beach, pastor of the Baptist church
at Tabor, delivered an able address
on "Training the Young Mind for
Usefulness," after which a sumptuous
dinner was served on a long
table which had been arranged for
this purpose.
After the dinner hour was over,
M iss Hooks, the principal of the
school, called the large audience together
and introduced Hon. W. A.
Prince, of Loris, who spoke from
the steps of the front porch upon
the subject of "Better Education and
Co-operation on the Part of Parent
and Teacher." He also spoke of his
efforts in the legislature to help secure
the state appropriation to assist
weak schools. His address was
well received.
The following is the program rendered
:
Address of Welcome, by Frank
Faulk.
Song, "My Country, 'Tis of Thee,"
by the school.
Recitation, "My Dog," by Lester
Fowler.
Recitation, "An Old Fashioned
Girl," by Matilda Fowler.
Recitation, "Conversation," by Gliston
Fowler.
Recitation, "Do Your Best," byMack
Fowler.
Kecitation and bong, iNonoay s
Darling," by Leatha Strickland.
Recitation, by Lee Fowler, Lay
House, Jessie Faulk, Arthur Lee
Morris, Earl Fowler, Bartley Bussell
and Marion Sug-ps.
Recitation, "Fairy Land," by Lambert
Fowler.
Song, "Tramp, Tramp, Tramp," by
Fifth and Sixth Grades.
Recitation, "Kiss Me," by Veddic
Fowler.
Recitation, bv Raleiph Fowler.
Recitation, "Arithmetic," Fletchei
Phinps.
Sontr, by the School.
Recitation, "I'm Busy," by Lucilf
Strickland.
Recitation, "Mattio's Wants anci
Wishes," by Lon Phipps.
Recitation, by Gertrude Fowler.
Dialogue, by \Nola Fowler and
Pink Fowler.
Recitation, "Spelling," by Jessie
Hardee.
tt * * ~ r>?n ?? i? t?
ivctivaiiMiif nv uic urti 19 uy i/ici
Strickland.
Song, "George Washington," by
Elizabeth Fowler.
Sonir, "The Quarrel," by Dola
Fowler and Fletcher Phipps.
Song, "Wash Song," by twelve
girls.
Sour, "The Dog Is Dead," by ten
hovs iind girls.
iSoim-. "Red, White and Blue," by
School.
Farewell Address, by Guthrie
Fowler.
Olds Cause Grip and Influenza
AXATTVE BROMO QUININE Tablets remove the
i -(use. There is only ont> "Brorao Quinine.'
VI.1V. GROVE'S Hitfnr.ijra co box. S(V?.
PASTIME
Program for Week Com
MONDAY}
"MOTHEF
A Fail
TUESDAY
"THE TEETH (
THURSDAY
I
"RUTH OF T
a
FATTY /
I
"A COUN1
%
FRIDAY
WILLIAM
"A BROADW
i
ONWAY, S. 0.. APRIL 14, 1031.
EXAMPLES IN
BETTER DAIRYS
The endless-chain manner in which
agricultural extension works for the
betterment of a community is shown
in the monthly report of the western
office of the Dairy Division, United
1 States Department of Agriculture. A
representative of the western offica
visited a creamery in Washington
Slate in July and talked to dariymen
1 as they unloaded their cream. One
man seemed to be particularly interested
when the representative told him
about the need of better cream, how
such cream could be had by better
care .in cooling, and how a cooling
tank 'could be built. The dairyman
asked the representative to visit his
farm.
Official SuggeHtt* Needed Changes.
"I went out to his place," the dairy
representative writes in his report,
"with some departments of Agriculture
bulletins relating to the building
of milk houses and the cooling of
cream on the farm. I explained how |
he could equip the house with watar
connection for a cooling tank and how
to make some changes to suit his
needs.
"The county agent' was interested
in this line of work and asked what
he could do toward carrying it forward
. I said: 'Mr. L. will have a
milk house and cooling tank built in
three weeks. If convenient, call on
him then, and take a farmer along.
Repeat the visit and take other men
along to see his milk house. If this
man sees his work is so appreciated J
that people will come distances to
see it, he will become a booster for
milk houses and cooling tanks and
convert his neighbors to his point of
view quicker than you or I can do it.
(I remember a farmer in Minnesota
j whom I used to hold up as a con-1
snicuous examole of the model dairy;
man when I spoke at dairymen's j
meetings. I think he would rather t
have lost his best cow than to have
me sec him deliver a can of sour
or off-flavored cream to the creamery.
He had acquired a reputation
, and took a glorious pride in living up
; to it.*
"Again in December we visited Mr.
L.. He had done more than I expected.
He had built a substantial cement-bottomed
milk house with large
cement cooling tank; installed a milk
> ing machine and electric power for
the milking machine and the separator;
and had a carrier system so the
milk cans were carried on an overhead
rail from the stable to the milk
house across the road, and the cream,
. after being skimmed, could be hoisted
easily into the cooling tank. Mr.
I L. considered it a good investment
and quite a labor-saving device."
0
I Plies Cured In 6 to 14 Day*
rru^iats refund n.ouey if PAZO OINTMkNT muk
> i ?oure Itching. Blind, Deeding or Protrudi Piles
'wrtantly relieves Itching Piles, and you can flei
estful alcep after the first replication. Price 60c.
1 HORRY COUNTY g
I TRUST COMPANY |
wi Real Estate sa;
?21 L. D. Magrath m\
jOj Manager. pj
5 Real Estate Loans w
Bonds w
^ Insurance m
THEATRE
mencing April 18, 1921:
,.j I I I. , I .11, l" If "
I GOOSE"
y Tale.
3F THE TIGER"
HE ROCKIES"
md
^RBUCKLE
IN
rRY HERO"
#
DESMOND
AY COWBOY"
WORLD CRASH
SURE TO COME
French Scientist Pictures Rotten
Fruit of Last War, and
Explains How Obtained
(Bv Georges Soelle, Professor of
Faculty of Dijon, Prance.)
Paris.?In 1021 there are more
causes likely to provoke a general
European war than there existed in
1914.
The partition of Asia Minor has
aroused hate and old enimities
through out Europe. Four or five
nations are at each other's throats
over the division of the spoils.
Quarrels in the Balkans are more
lively than ever.
In the future the Saare valley
plebiscite may bring on a conflict.
Revolution may break out at any
moment in the Ruhr.
The Polish question, the Dantzig
corridor, the isolation of East
Prussia? all are blocks in the way
of final peace.
Silesia is in a turmoil. Tchechen
is the cause of a near war between
Poland and Tcheko-Slovak which
may become serious at any moment.
Jugo-Slavia has failed to foecome
a united nation and Montenegrin
Serbs have already revolted
while Hungary is only awaiting her
hour to strike to commence war on
her neighbors. Austria is at
death's grasp. Bulgaria is meditatintr
re venire on Greece. The arreat-1
er Greece of the Serbes treaty is
costing hundreds of lives daily and
will cost many more. Rumania is
menaced on one side by Transylvania
and on the other by the Russians
through Bessarabia.
Remains the post-war rivalry between
the United States and England,
already vitally serious, and the
antagonism between America and Japan,
which all the world expects to
result in an armed conflict sooner or
later.
And the government of the world,
WHEN RE
FERTILI5
Rhodes &
LORIS
i
/ VIRGjNJy
/CAROLS
IMMflSill
! \ CHEMIC/
V co.
Taking th(
We realize the circumstai
low price of cotton, and
that is going on in all lim
Goods Mu:
] Goods purchased when p
be disposed of for what
on the markets today an
we bought them.
Regardless
We are keeping in stock
need and are offering tf
view of the situation.
GIVE US Y(
Dusenbu
TODDVI
I
:a|v
instead of trying to remedy matters,
are making them worse by imperialistic
policies bom of the same motives
that brought about the world
war.
Peoples and governments <lid
nothing to avert the catastrophe of
1914 and they are doing wore*
than nothing to avert the crat4i
that is coming.
mother's MEND
Far Expectant Mothers 4
Used By Three Generations
WMVI roa BOOKLET ON NOTMRftNOO* UN TIM BAST, fmm
M?mu riwutm Co.. Darr. ?? aturw. S*.
"office supplies
'1
Check Over the Following ami
Send Us Your Orders:
PRINTED STATIONERY
TYPEWRITER RIBBONS
CARBON SHEETS
BOX PAPER (legal size)
ADDING MACHINE ROLLS
STENOGRAPHERS' PADS
LEGAL CAP PAPER
BLANKS OF ALL KINDS
RUBBER BANDS
SECOND SHEETS
Also carry a stock of Paper
Napkins, Toilet Paper, Paper
Towels (in rolls).
Write or Telephone i
THE HERALD
i
ADY FOR
XRS SEC
Hardwick
?, S. C. y
\ Agents
?a\
n V
y o
! Medicine
rices brought about by the
the general readjustment
es.
st be Sold
rices were high must now
they are actually worth
d not back yonder when
t of Profits
?
the things that the people
iem at the right prices in
. A
XJR TRADE
ry & Co.
l-LE, S. C.