The Horry herald. (Conway, S.C.) 1886-1923, September 15, 1921, Image 1
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VOLUME XXXVI. ? '
i ' ?i
ONE CLEARED,
ONE GUILTY
Proves Mixed Result in Still
Another Cattle Tick
Trial
HENDRICKS WILL
APPEAL HIS CASE
Motion to Change Place of
Trial Refused by Magistrate
at Opening
The*eight cases against as many
citizens ot the Pee Dee section in this
county, were called before Magistrate
W. H. Chestnut, on Wednesday
morning of last week. It had not
been announced whether the court
would proceed with a third trial of
Italy W. Johnson, or go on with some
of the other cases. At the call of
the cases, however, the State announced
that it would proceed with
the trial of the warrant for failing
to disinfect cattle, against W. J.
Hendricks and Ben Bruton. They
were both charged in the same warrant
though it was separate and distinct
charges as to each of the two
men.
After a trial which lasted practically
all day, the jury returned a
* verdict of not guilty as against Ben
Bruton, and found VV. J. Hendricks
guilty with recommendation
to the mercy of the court.
The court passed sentence of
thirty days or a fine of $25.00, and
the defendant Hendricks at once,
through his attorney, gave notice of
appeal.
At the call of the case for trial
the defendant moved for change of
the place of trial of his case, upon
the following grounds, alleging that
he did not believe he could obtain a
fair and impartial trial before
Magistrate W. .H Chestnut in Conway.
Following is the affidavit upon
which this motion was based, and it
was strongly argued by the defense
that on account 01 these facts,' as
I x thereon stated, the court, should diA
rect a change in the place of trial
i ** to the next nearest magistrate in
i the county:
The defendant asked the court to
I charge the jury as follows:
1. That the law leaves it to the
discretion of the livestock inspector
1 as to whether he will serve the notice
? i
or not, and he is the one wnose
duty it is to investigate whether the'
conditions at any given time would
warrant the giving of the notice
and enforcement of the regulations.
2. The law implies that the inspecti
or may, after the giving of a notice,
call said notice in, In cAse he
should find that he has inadvertently
or improvidently given such notice.
3. If you find from the evidence
in this case that it was impossible
for the defendant ot comply with the
requirements then you are justified
\ iii finding a verdict of not guilty,
for the law was not intended to re1
quire the impossible of them,
i You cannot convict the defend!,
ant unles.; you find beyond a reasonable
doubt that all necessary medi1
cines or disinfectants were furnished,
f or offered free of charge, and without
any co^t, at the time, or previous
to the giving of the written
notice.
5. The livestock inspector is not
required under the law to give the
specified notice but is only authorized
to do so in the terms of the
[/ statute.
6. You must find beyond a rea-'
i sonable doubt that defendant's cattle
< had been found infested with some
[ carrier or communicable disease, or
lw>'' ovnnaorl tn snrh carrier, or
IIIUU. "ten VA(/V?.VV. -? ,
the defendant must be acquitted.
After hearing the arguments the
court refused to change the place of
trial and the defendant will make
this refusal one of his grounds of
appeal.
The following were summoned to
serve as the jurymen in this case:
M. K. Smith,
George Martin,
A. E. Goldfinch,
S. P. Hawes,
J. B. Cox,
L. H. Burroughs.
Mr. Hawes, however, was not in
town and the trial proceeded with
the five others as the jury.
ntt appeared in the evidence for
the defense that this disinfection was
required at a time when the entire
community was engaged in the curing
of the tobacco crop. Each time
that a notice was served on the defendant,
it appeared that it was at
W tobacco barn. It also appeared
tnat the cattle of Hendricks were
at that time at large in a section
of what is called the Pee Dee pasture
containing from six to fifteen
thousand acres, composed of deep
swamps, brambles, thick woods,
creeks and bays; that it was impossible
to produce cattle out of such
p place at any given date, especially
ashort a time as thirty days. Mr.
Hendricks had two bulls and two
niilk cows. As to the* bulls it was
testified that it was extremely unlikely
that they could be brought up
for disinfection.
1 I iUA
H un HI? Utucr IIHIIU tllC kJVOH
Hj showed tbai th? two milk cowt
might Nw boon sprayed at tke|
wore Mac milked every <U|t at Um
L - I y
MARION STILL
HAS A CHANCE
For the Location of the Atlantic,
Coastal Highway
A
uourse
PEE DEE BRIDGE
IS UP IN AIR
Change to Cheraw Said to Be
Temporary Awaiting Action
on Bridge
Recently some correspondence to
the daily papers from the city of
Florence caused the reading public
to think that Marion had been put
out of the running as to the location
of the Atlantic Coastal Highway, in
favor of Dillon.
According to the following news
report from Florence, early this
week, the route was changed by tho
committee only as a temporary mea
sure, until certain matters were set
tied as to the location of the bridge
across the Pee Dee, had been definitely
settled. This article follows
and was written from Florence:
"Duo to inacuracies in the information
furnished this correspondent by
the secretary of the, meeting here
( f the executive committee of tho
South Carolina division of the .South
Atlantic Coastal Highway, for which
it is clear the secretary was not altogether
responsible, because of the
many sided-discussions goin^ pn at
I I-,/, t imn ! tiiiic niluln ill
VII*. VII il\*f IV ?? 1%.J IIIMVIV vw ...
the report of the proceedings that in
mapping out the route of the high
way through South Carolina Marion
[county had been eliminated in favor
I of Dillon and that the executive committee
had adopted a resolution deploring
the Pee Dee bridge situation
(which was in danger of being lost
because of "personal and official
jealousies and squabbling." This was
manifestly an error inasmuch as the
route through Dillon would have
been just as impossible as the route
through Marion, in the absence of
the bridge. The committee decided
that it was better to develop the
route via Che raw where there is already
a bridge until the question of
a site for the bridge over the Pee
Dee river between Marion and Florence
counties had been settled. There
were no representatives present from
the Marion side and t.ie committee
deferred mapping out the Wilmington
branch through the two counties
until the Marion as well as the Dil'on
peop'e had been heard from. The
first thought of the committee was
the diversion of tourist travel to the
South this, way, and the Pee Dee
bridge being still up in the air, the
Cheraw route seemed to present an
opportunity to bid for it. As to the
J personal and official jealousies and
|squabbling, this correspondent is well
'authorized to say that- theie is iiv>
squabble between the people of
Marion and Florence counties. They
stand as unit on the que cion of
i the P.'o Dee bridge. If there is any
squabble, it is between the representatives
of the two counties on the
one hand mul the highway commis'- w.n
nmrinoovs on the other. It is true*
that Marior. county representatives
are unalterably opposed to tlio sit?
selected by the state highway engineers,
and will not, according to
my information, have anything to do
with it. Florence is apparently rea<l\
to join in on either of the sites proposed,
the jne above the railroad
bride, as recommended by the
highway commission, or the one at
Mrs Bluff Ferry, the choiro of tho
Marion side, but it is certain that in
the event the engineers disapprove
of the Mars Bluff site, the Florencepeople
will stand by Marion and build
the bridge at the last named site
without government aid."
o
GOINO AHEAD
The road forces are going ahead
on the building of the section of road
extending from Homewood to Bayboro.
This when completed will
make a good road all the way from
Conway' to the county line near
Nichols. It is a convenience that the
people never had before.
When this last section shall ha-v?
been completed then the workers will
be ready for the lower end of the
national highway, and it is not
settled as the exact location of this
lower portion.
time.
It was also proved by various witnesses
for the defense that when McNeill
had gone round to serve notices
in the matter, accompanied b>
Constable H. N. Sessions, also employed
'in the work, that McNeill
had said that there was nothing
compulsory about the disinfection;
that the State had a little monej
left which they would spend for the
, benefit of the farmers if they wanted
to spray their cattle, and that
it was optional with them as tc
whether they did the spraying 01
not; that he was after the monej
? there was in it etc.
Various exceptions were noted a>
the trial progressed and the whol<
i matter will come up on appeal ir
the court of general sessions.
? As to Ben Bruton, it was provec
i ttutf he had owned no cattle sin?
? in Wl of 1920- who* he soU
r wkftt he had to Jehu ?. Atkinson.
I + H V * 1
Sort
s?
uITi
~ CONWAY. 8. P.. THOBSPAY.
LORIS AIMS TO HA
IMPROVEMENT!
The end of this week will mark the
election that is to be helcl in the Loris
School District on the question of
voting bonds for the erection of a
handsome new school building.
On Saturday the people of that
district, which includes the town of
Loris, will decide the matter of better
school facilities than those they have
had before. Population has increased
and the town has grown so that it
really needs greater educational advantages.
It is believed that the
bonds will be voted and the improve
nuiur.
The Loris school secured the services
of Mr. and iMrs. M. J. Bullock
as teachers in this school, following1
the end of their public service here aft
Conway. ,
wilE^advertise
PEE DEE FAIR
The Florence Chamber of Commerce
are setting1 ready to advertise
the Pee Dee Fair throughout the Pee
Dee section, of the State Miis time.
Behind the movement also is the merchants'
associations of that city, and |
the two combined, aim to make the
Pee Dee Fair this time far beyond
anything that ?t has been in the past.
The merchants, and other business
men of Florence, feel that there is no
better way to advertise their city than
to make a successful fair and they
are going about doing it.
FALSEOATH
CASE IS ENDED
Mrs. Hartrette Alleged She
Was Forced to Make
False Oath
t
The wife of John Cartrett prosecuted
her father, M. G.' Allen, and an
uncle, P. S. Rabon, in the Magistrate
Court, for intimidation, in that they
had, some time ago, compelled her to
take an oath that she did not wish to
make, and which she now alleges was
entirely false.
The trouble started several months
ago when a slander charge was
brought in that community. When the
preliminary hearing on the slander
charge was about ready to be held,
the wife of John Cartrett was sick
and could not come to the trial.
One day when W. L. Alford, the
Notary Public, was passing by the AlI
urlinvA TV/T Pni?f i?nf f \imi o
I ItJll IHMIHJ* ATI I 0? VWI VIUVV " I*''
said to bo sick at tho time, he was
called in to trke an oath from Mrs.
Cartrett. He was told that tho taking
of thits oath had been advised by
an attorney representing one of the
sides in the ca?e on account of her
absence as a witness. He wrote up
affidavit and took Mrs. Cartrett's
oath. She now alleges that it was a
false statement and that she had been
forced to make ft.
Magistrate W. H. Chestnut heard
the evidence in the case last Tuesday,
and dismissed both of the defendants,
holding that a probable case had not
been made out by the State.
CASE IS HEARD
BUT UNDECIDED
Arguments Made Last Monday.
> Magistrate Reserved
His Decision
Sometime ago there was a dissolution
of a partenrship which had existed
between W. A. Stilly, Jr. and
t n t-? i _ _ mi a _ i i 1 i i .
j. D. neveriy. iney esiaonsnea tne
Peoples Filling Station, this be1n?
the trade name ' under which the
Partnership did "business beginning
sometime in 1920, leasing from H.
H. Woodward a lot next door to the
Town Hall, and whereon they erected
valuable fixtures now being used
in the business of selling gasolene
; and lubricating oil. It has done a
' gQod business from the beginning.
Two or three months ago, Mr.
Stilly, who spent much of his time
' in filling a position at the Veneer
Manufacturing Company, of whfch
his father is the principal officer and
stock-holder: made an audit of the
' books of the Filling Station and
alleged that the funds of the part'
nership had been misapplied. As a
_ result of this thf other partner sold
' his interest to Stilly, *and since that
; time the business has run under the
r management of the letter. Still
5 later a warrant was sivorn out un'
der which Beverly was arrested and
: brought before the Magistrate
[ Court on charges growing out of the
matter. * This case came up for inr
vesitgation before Magistrate W. H.
Chestnut last week and he con4
tihued the matter until last Monday
* when a number of attorneys em1
ployed by the defendant and prosecutor
made the arguments in the
I case. His decision was reserved.
s o
I M. p. Fowlfcr iras here one day recently,
$ iit.
SEPTEMBER 15, 1921.
VE BETTER 1
3 FOR ITS SCHOOL
SCHOOL OPENS. . !
. The Burroughs High School opened
last Monday morning. There is
ever> prospect of a larger student
body thafo ever before. The auditorium
has been cut into class
rooms.
The names of the teachers appeared
in a recent issue of this paper.
MEETINGS BEGIN
The revival meetings at the Conway
Methodist church began last
Sunday under favorable conditions.
The meetings will run this week and
a part of next, and are already doing
great good in the cause of the
church.
S. S."ASSOCIATION
MEETS AT AYNOR
Conway, S. C.?The Horry County
Sunday School Association will
hold its annual convention at Avnor
Baptist church on Tuesday, September
27, and the Sunday school
people of all denominations in our
County arc invited to attend.
A strong program of practical discussions
and inspiring addresses on
all phases of modern Sunday schoo1
work has been prepared. Leon C.
Palmer general superintendent of the
State Sunday School Association is
cxnected to attend the convestion, together
with one of the field secretarits
of the Association.
In order that all the -Sunday school
workers of this Countv may have an
opportunity to attend the convention,
no limit will he set on the
number who may attend from ^ac!i
Sunday school. The convention wili
be in the nature of a countv-wid*1
mass-meeting and no ta delegated
body, and all who come will be welcome.
Information regarding tho convention
may be secured from County
President, Mr. W. M. Goldfinch
of Conway, or County Secretary,
Mr. Paul Quattiebaum also of Conway,
or from Leon C. Palmer, State
Superintendent. 14 Allen-Law Building,
Spartanburg, S. C.
NEGRO~D A M A GF.S
AUTOMOBILE
Which Was Beinq Driven hy
Mrs. John E. Holes-Arrested
anri Gives Bail
Wheeler Johnson, colored, last
Saturday, driving a car loaded with
several members of his race, and s:iid
to be under the influence o<* liquor,
drove into another car whi^b was bein(?'
driven by Mrs. .7 >!ir. V Coles, p.nd
d'n>v".ved tlio car ''or idov.'Slv.
J\1; Coles avd - who were
ridi'ig in the car with her were badly
frigh'Oned John -n c?id not stop to
jsee what damage he may have done I
jbut drove f>n.
' .A little later Oi'more S^ifSi, Chief
of Police of tho Town of Conway, accompanied
by John Cries and Ma**or
L. D. Magrath. went over the bridge
to place Johnson under arrest. He
resisted and refused to submit to arrest
until a county warrant should be
issued. This was done rnd he war. arrested
by Contable H. N. Sessions
from the court of magistrate W. II.
Chestnut. He was nlaced in jail. On
Sunday morning he put up a cash
bond in the sum of $300.00 and was
let to bail on this until Monday morning,
the time set f :r hi> ttial.
STRAY SHOT
ORINTENDED
Attempt Made Upon Life of
Young Ernest Sasser
Recently
One night about the time the Myrtle
Beach Hotel closed this season, Ernest
Sasser, of the firm of Sasser Brothers,
was in his room at the hotel,
about the hour of midnight. Without
warning a pistol shot was fired, evidently
intended for hjm, coming from
the direction of a Ford touring car
located in the yard of the hotel. The
bullet buried itself in the window
cases.
Sasser ran down as quickly as possible
but the car had sped away by
the time he got into the yard. This
car had but one light burning,,. He
has never found out who was driving:
the car.
? o TOWN
SPRINKLING
The town force sprinkles the
streets early each morning during
this dry weather and it is appreciated
by every business man, as.
well as by visitors here through the
day.
o
Mr and Mrs. Hal L. Buck returned
last week from their summer
home Myrtle Beach.
s
raid.
BRIGHT BUFFKIN (
IS RELEASED
Serious Charge Pending Sev- I
eral Weeks Against
Him
CIRCUMSTANCES .
SHOWING SPITE
Case Grows Out of Facts Al- !
leged to Have Occured
About 1st of 1921
The magistrate court at Oonxvay
investigated last Tuesday, a charge
of a serious nature against Bright
Buffkin, of Bayboro, S. C.
The warrant was sworn out during
the tobacco season, by a number of
the Stroud family, at Bayboro, and
had been pending ever since.
The Stiouds are stiid to Ik* tenants
cn the 'arms of Buffkin, perhaps
share croppers would bo the more apt
term. The prosecutrix in this case
was a small girl said to be about
thirteen years of age.
It i.-> related that the tenants were,
soiling the tobacco crop on the warehouse
floors her? and the returns
did not seem to be adequate.
On a certain day the landlord, l>uft'
kin, came to Conway and attended th *
safes, and it was on this day that
this warrant was taken out :equirini*
his iirrpyt Willi tlio ?if
the warrant, Buffkin was lodged in
the jail and remained there until
some of his friends' stood his bond.
Magistrate Chestnut heard all of
the testimony that couid he produced
by the State and dismissed the defendant
on the ground that the evidence
did not make out a probable
case against him.
The tobacco sales must have had
something to do with the prosecuiton
as Buffkin's share of the pro
ceeds of the sale, made on the day
of his arrest, were taken to him
while he was in the jail.
It appears that other circumstances
were brought out showing that the
charge was frivolous. One fact that
stood out above all others was, that
the crime was alleged to have been
committed about the first of this
year; and although the charge was
or a serious nature, no stops hart
been taken to bring: the defendant
to justice until far into the tobacco
time. It appears that some excuse
was found ror this delay by the prosecution,
but it evidently did no:
amount to much in the mind of the
court.
Just as in many other cases, it
was believed that spitework had
something to do with the bringing
of this defendant before the court.
The defendant is a farmer who
moved into the Bayboro neighborhood
some time ago. He has a
family and appears to be interested
ir several pieces of valuable real
estate in that township, or at least
nearby in this county. ^
i i rsTpalmef
visits county
'Meetings Held' in Different
Places Pretty Well
Attended
Mrs. Leon C. Palmer of the South
Carolina Sunday School Assn., came
to the County and spent from Sun
day Sept. 4th, to Wednesday Sept.
7, holding District Conventions for
the Horry Co., S. S. Assn. The
meetings were all pretty well attended
and about twenty schools
were touched by these conventions.
Mrs. Palmer is a very pleasant
speaker and had a very helpful
message at each convention.
The first meeting was held at the
Good Hope Baptist Church Sunday
morning, then she addressed a
Union meeting at the Conway Baptist
Church at eight o'clock Sunday
night. Monday the convention was
at Salem Baptist church, Tuesday at
Union Methodist Church, Wednesday
at the Hickory Grove Baptist church.
The County Assn. wishes to thank
the following persons for their aid
in holding: these conventions. Very
helpful talks were made by them in
the conventions that they attended.
Rev. M. W. Gordon, Rev. J. C. Atkinson,
Mr. J. C. Spivey, Rev. J.
M. Lemmon, Mrs. C. H. Snider. We
are very fortunate to have so many
that are willing to help us in the
work in the county many have promised
to help us in the work which
we have to do in the county yet this
year.
We would be so irlad to have
every Sunday School in the county
represented at the County Conven
tion which meets with the Aynor
Baptist Church on Tuesday Sept.
27. Mr. Leon C. Palmar will be with
us at this convention and we have
a number of the very best speaker*
in the county to h?lp us on the programme.
The meeting will be just
one day and the Aynor people wil7
give us "Dinner on the Ground." If
you love the Sunday School work be
sure to attend this meeting.
~"7 NO 22.
GETTY STROUD
UNDER CHARGE
Burglary With Charge of Attempt
at Another
Crime
TAKEN AT TABOR
BY CONSTABLE
Matter Originates in Charleston
County While Stroud
was there
Getty Stroud, recently of Tabor, N.
C., formerly living at Loris, S. C.t
was arrested at Tabor, N. C., on
September 5th, charged with burglary
and attemut at crimnal assault,
by constable Prince, of Loris.
The constable lodged the defendant
in the Horry County jail, bringing
him here on the late train the night
of September 5th.
This warrant en which Stroud was
arrested was sworn out in the city
of Charleston before a magistrate
there and was sent to Loris to bo
executed, by the constable at that
place.
Stroud remained in iail here until
the early train last Wednesday morning
when he was taken to Charleston
by deputy McGhoe of that city.
The warrant was sworn out in
Charleston by Lonnie Tyler. It appears
that Stroud and Tyler had
known each other for some time as
Tyler formerly lived near Allsbrook
in this county and Stroud had
i. .* i- i >i
iMiumi 111111 win it* tncro.
'Some 'time in the not far distant
past it is said that Stroud wept to
Charleston where he held some kind
of position and boarded in the hour?
of his friend, Tyler. It is supposed
that it was while there that the
events are alleged to have taken
place concerning the charge in this
warrant.
Nothing has been heard from the
matter since Stroud was carried to
Charleston the middle of last week.
W. HOIIYER
PASSES AWAY*
W. H. Oliver died at his home here
in Conway last Wednesday niirht at4
10:30 o'clock, after an illness lasting
for some time, though he was able
to be on the streets up to a few weeks
ago. The interment took place at
Centenary church last Thursday. All
of his children were at his bedside at
the end.
lie was a son *t>f the late Daniel
Oliver, Sr., and until recent years his
life was spent on his farm between
Conway and Socastee. He was a
man who had many friends, was a
kind neighbor and indulgent father
and husband.
NO MOVIESON
DURING WEEK
Conway has no movie show this
week, out of resprvt for the protracted
services now v )ing on at the Conway
Methodist Church. There will be
a fino picture next Saturday night,
but no show on any other night in theweek.
The program at the Pastime will be
held up the first of next week until
after the protracted services have
closed.
CHIEF RESIGNS
HIS POSITION
W. Gi lino re Smith, who 1ms fille<t
the office of Chief of Police of the
Town of Conway for the past year,
luis filed his resignation to take effect
on September 30th, 1021.
| Before coming to Conway to tafc*
| this position in 1020; Mr. Smith
the chief of police- for the town of
Georgetown }<nrt the authorities of
that city disliked very much ta jrivehim
to Conway.
He is the owner of a fine place at
Muriel's Inlet, the farm having thirty
acres cleared and in a high state of
cultivation. Since coming to Conway
to fill this position he has proven
himself to be a fearless officer and
ready to perform his duty at alt
times.
HORRYlTES NOW
NEW YORKERS
jr
Mr. and Mrs. I. J. Tompkins of
New York city were here this week
visiting relatives and friends through
out Horry County. Mr. Tompkins
is the son of Mr. S. M. Tompkins
formally a business man of Conway.
He has made New York city his
headquarters for the past ten years,
where he met his wife. This being
Mrs. Tompkins first trip South it
has proven quite interesting. She
expresses it as being perfectly beautiful.
Mr. and Mrs. Tompkins are leaving
here to visit theijr sifter Mrs. R. A,