The Horry herald. (Conway, S.C.) 1886-1923, February 23, 1922, Image 1
gVOLPME XXXVI.
Iprescott case
I set for court
lsome of the Facts Relating to
I This Homicide
I Case
DAVIS DIED TT
I FLORENCE HOSPITAL
I
.rrescott Has Been Out on Bail
Since the Inquest or
Soon After
One of the cases which will likely
come up for trial at the approaching
term of the court of general sessions,
which will convene here on the morning
of March 6, is the charge of homicide
against Charles Prescott for the
killing of Fulton Davis on the night
of September 25, 1921.
Davis was not instantly killed. He
fell inside of Prescott's fence on the
path that leads from the front bars
up to the humble home of the Prescott's.
It appeared that he crawled
toward the bars and was resting there
in a critical condition when others
came up and helped him to got to the
office of Dr. J. K. Stalvey. Later
Davis was sent to the hospital at
Florence in the hope that his life
might be saved, but after a few days
he died and his remains were brought
I hack here on Sunday following the
I shooting.
1
i iiu uiuiuiy coroner empanelled a
jury of inquest which met the remains
at the train and .after his body had
been examined and pronounced dead,
the inquest was continued over until
the following Tuesday, October 11,
when the inquest was finished.
Following is the testimony that was
taken at this inquest and which will
sei've to bring back into the minds of
the people the facts as they were told
by the witnesses summoned:
At 10 o'clock on October 11, 1921,
'Stafford H. Jenrette, being sworn
said:
The shooting was on Sunday night
two weeks ago. I was at White Oak
church at prayer meeting and loaned
a fellow my horse to take a girl home.
While I was waiting on him, me and
Leon Jones got together and was
walking along the road with him. We
ip with Aleck Bourne and Fulton
l\y 'i~ .along the road. Aleck was
cutting", a .stick. Leon asked him what
he was going to do with it.' He did
not tell him. He and Fulton went
right on down the road toward
Charley Prescott's. When me and
Leon got to Charley's, Aleck and Fulton
were laying down right in front
of Charley's gate, Charley Prescott's.
Leon Jones asked them what they
were going to do. Aleck said they
'.were going to lam hell out of
Charley's house. Leon told him he
Quid bet'.er not. Leon said to me that
[if they were going to do this wo had I
[better get away, and we went cm'
down tiio road and we got about 200 j
yards from the house, 1 guess, and
I heard a stick or something hit the,
house, and looked round and I saw
the fire <?f the gun at Present 's hovse.
Then Aleck van do\Vn the :'oa 1 to n.e
and Lo >n and wanted us t > iro back
and help take the hov up, but we did
not vo hack. 1 have seen Fulton since
then. Saw him on Monday morning
after ho was shot. Had no ta:k with
I him. Did not hear hut one rap on
i the hou^e. Did not go l ack to the
! house that night after the shooting.
Ivor heard any threats made l?v
iscott.
STAFF II. JENKKTTE.
,eon Jones being1 sworn $aid:
was at White Oak ? n the night
Sunday two weeks ago. I got up
h Staff Jenrette and we woe goon
next home up ti e road, and
said he had loaned a hoy i.is l>< ise
take a girl home and we walked
together, and when we got on up
rand there we saw Fulton Dt.vis
Aleck Bourne. Aleck was cutj
a stick, and I asked liini what
was going to do with it and he
not tell us. Me md StaT walked
find when we got to Chn'-'ey Pj ear's
house, Aleck and Ful'on were
ng down at the old man's ? ate.
skcd them what tl^ey were i.'oing
lo .and Aleck said they were going;
im hell out of tne oi l man's house.
Id them tliey had hotter come on.
'k told us to get on up ihe road
we went right on up the road,
after we got up the road about
church somewhere a stick or someg
another hit the house and bethe
sound of the stick was gone
gun fired. Then Aleck came to us
there Jind wanted us to go and
get tne boy up. I told him I
not going. Stall' said lie was not
,ANS TO STUDY
I A ??
I-,]>l -'*11J
Saluda.?Tlic Saluda jail has more
mates now than for some time, the
test additions being Avery Walton,
ill De Loach and John Chapman,
| white men, having* been convicted
illicit distilling of whiskey at the
m of federal court at Greenwood,
ch drew a sentence of six months
a fine of $100, and it is presumed
iy will take the jail sentence. One
these prisoners, it is said, sent out
a first reader, .a tablet and a penand
stated that he intended to edu?
himself while in jail.
? fa*. k
me
I
going and he, myself and Staff went
on up the road. T don't know who
shot Davis.- The "run wont liko it was
them about the hou*e. t heard no
threats about his bothering the boys
if they bothered him. Tito stick
looked like it was about three or four
feet long and largo enougn foi a common
size walking .tick. Dirt not see
Davis any more until after lie v as
dead. 1 did not so-.? FrescoU or ;.nv?
body about Fre-JCott's hou?e tl at
night.
Fred Dew being sworn said:
On Sunday night two weeks ago 1
?%4- \\ruxi~ rv .i. i? ---
v? t*r? ai ?? nut; v/ill\ L>il\ j> Icl \ LI IMtMILing.
Fulton Davis was there. When
we broke up meeting me and h'.m and
a few more boys wont on do*vn the
road. About fifty or a hundred .sards
from the church VIock Ronnie stopped
and called Fulton Davis back. *"e
boys went on down the road I guess
200 yards from where the shooting
was done at Prescott's house. Some
of the boys said let's wait on Fulton
and Aleck. I said no, let's go on and
set up with the sick.. We went on
down there to a colored man's house
and there was >a colored woman out
there in the rond asked us who was
that shot. I told her that I did not
know that anybody was shot. About
that time Mr. McCraCken came along
with his truck. I went down there
with McCracken and Davis was lying
inside with his head against the bars.
He was laying in there and praying
and wanted some one to get him out.
Me and Olen Todd went in there and
got him and put him in the truck,
lie said Charley Prescott shot him.
Heard no threats made on either side
about it. FRED DREW.
1, J. K. Stalvey, M. D. of county
and state aforesaid being duly sworn
hereby testify that:
It was Sunday night, the 25th of
September, and as I recall nearly 1L
o'clock when a truck, driven by Mr.
Bob McCracken, stopped at my residence
and I was hurried out to see
Mr. FultoYi Da^'is, whom they informed
me, had been shot and was
almost dead. 1 asked Mr. McCracken
to take him on to my office, where I
proceeded to examine and treat him.
After removing sufficient clothing1
I discovered that there were two
wounds which I took to be gunshot
wounds, one of the shots taking effect
underneath the left scapula about six
inches below the highest point of the
shoulder and about six inches to the
left of the median spine. This shot
entered from the back, ranging
straight toward the front, as near as
I was able to determine. It being
rather superficial, am of the opinion
the chest cavity was not penetrated,
therefore no .important organs or
structures of the body damaged, hence
this wound was sterilized and closed
with the usual surgical dressings.
The other shot also was from the
back, taking effect slightly to the
left of the median spine in the upper
section of the dorsal vertebrae. It
was impossible to determine how this
shot ranged, but from the fact that
Mr. Davis was paralyzed in both
lower extremities, complete loss of
motion and sensation below this
wound, having occurred at the time
'he was shot, was proof positive that
there was damage to some extent
to the spinal cord.
After arresting hemorrhage shock
and surgically treating liis wounds I
endeavored to make him as comfortable
as possible until the neeossary
arrangements could be made to take
him to the Florence Infirmary, which
was the next dav.
(Signed) J. K. STALVFY. M. R,
Conway, ?S. October 1D21.
IN FINAN(Ml7
DIFFICULTIES
Financial diffculties lasting, it .appears,
from the time that the partnership
matter was up, some time
ago, until now, has been the cause of
the seizure of the stock and property
of t.he Peoples Filling Station here,
next door to tlie city hall.
Whon the crisis came last year the
particulars of which appeared in the
newspapers at the time, advancements
were made by W. A. Sti 1 ley, Sr., for
which he took a chattel mortgage on
the property of the partnership. If
creditors had waited and extended
time, according to a recent statement
made about the matter, things might
have been different; for with time the
debts might have been worked out.
This business has been conducted
for a long time at the location above
mentionad and has been popular with
the drivers and owners of cars and
has done a large business in gasoline
and lubricating oils as well as in
the matter of tires and other automobile
accessories.
The notice of sale under a chattel
<k,.4 ll./.
linn i:?wiuw*, infill mat uic i?u>iness
will he discontinued. Somebody
will buy the property at the sale and
the business will go on as before, so
far as can be learned by the Herald
man.
o
BUSINESS BETTER
Washington. ? Business conditions
throughout the country are better
than they were a year ago in the
view of Treasury officials who declared,
however, that the improvement
has been gradual and there was
no immediate prospect of a substantial
pick-up in business activities.
Some seasonable activity might be
looked for in the spring, they asserted,
but in general only gradual betterment
was to be looked for.
I
$otr
CONWAY, S. P., THURSDAY,
BOOTH KILLING"
WILL COME UP
State Against Nathan E. Lewis
For Homicide is
Docketed
DEFENDANTS STORY
NEVER BEEN TOLD
Not known Positively That
Both Sides Are Ready
for Trial
Nathan E. Lewis may he tried at
the next term of the court of general
sessions on March n. on the chartre
of killing Memory E. Booth. No expression
has been obtained from either
side /js to whether they intend to push
for trial at this term; but the case
will go to the grand jury, and as in
all such cases where the killing of
another is alleged, the wand jury will
he instructed by the court to brine:
in a true bill regardless of what individual
jurors may think about the
guilt or innocence of the accused.
When the true bill has been returned
by the grand iurv, then the oase will
be called and the defendant arraigned,
??nd he will have the privilege under
the law of three days' time after the
arraignment and reading of the indictment
before he is placed on trial
before the petit jury. Hut the defendant
may waive this right of
three d.ays and often, in the practice
in the court of sessions, attorneys on
the opposing sides agree to a trial
on a day certain sometime during the
term, and without regard to the three
lays allowed by the law to those accused
of such crimes.
Memory E. Booth was injured on
Sunday, November '20, 1921, while he
was in the woods near the road, where
Nathan E. i/cwis lvid gone to cut
wood. There was no one present except
these two. Booth was cut in the
leg, the weapon used being an axe.
He was taken to the Burroughs Hospital
here, where he died on December
23, 1021, following the amputation
of the iniured lee*.
The defendant lias never been on
the stand in tho case. His story of
the affair will come out for the first
time when he goes on the stand in his
own behalf. Further than a few
statements said to have been made
to witnesses at the inquest, nothing
has been told on either side, except
to the attorneys engaged in the case.
The witnesses at the inquest testified
as follows, 'according to the record
(Continued on Page 2)
JOHN JACOBS"
HAS TO ANSWER
Will Jacobs is Dismissed a'i
Preliminary Hearing of
Whiskey Charge
W. H. Chestnut, magistrate, investigated
the case of violation of tho
prohibition laws against Will Jacobs
and John Jacobs last Saturday morning
at his oPicc it^ the Buck Building.
Waif a dozen witnesses were called
by the state, including J. K. King,
one of the rural policemen and (he
testimony all proved to be'circumstantial
and there was no eve witness!
to tho making of any moonshine by
either of the defendants.
The officers had located the still
about hair a mile from the'home of
Jacobs. The state failed to prove
whether Will Jacobs, the son, lived
with his father, John Jacobs, or not,
and this appeared to be a rather important
matter in the investigation.
A wagon was found in the yard of
the elder Jacobs showing signs of
molasses in the body and pine bark
on the hubs of the wheels showing
that the vehicle had been driven
through the forest of pine trees, in
the direction of the thicket, where the
still was found, the trail of the wheels
leading to a place where there had
been seen two barrels partly full of
cheap molasses, and then the trail
went back to the house again where
the wagon was inspected by the officers.
The pants of the elder man were
seen to be very black and sooty as if
he had spent the night round a still,
;?s some of the witnesses expressed it.
Jacobs, according to the testimony of
the policemen, failed to make anv rea
son.able explanation of the wagon or
the siirns on his breeches.
At the still the men found some
beer. This tasted as if it had boon
fermented, or words to that effect.
The parties had not boon caught operating
the still. John Jacobs is an
old man, while Will Jacobs is not over
about 25.
After the hearing the magistrate
held the elder man and turned the
n n 1 aaoh o 11 \\rr%C3 fin*
V w vi i i fCy v? i 111 <? 11 i wuov iku i #.vr* i vi i
nished for the appearance of John
Jacobs at the next term of the court
on March fi.
In the case against Bert Hughes,
set for the same day, the hearing was
waived and it appeared that bond for
appearance at the court had already
been fixed.
o
No doubt Mr. A. Mitchell Palmer
will answer that the revived Boschmaprneto
scandal is all bosh.?Rocky
Mountain News.
j I : ;
1
8 jgf
. FEBRUARY 23, 1922.
WORK ON RIVER
HAD BIG EFFECT
______ 1
False Notion as to Length o( 1
Road Covered by 1
The Freshet
YEAR OF 1908 AS
COMPARED WITH 1916
Work on The Channel Between
These Dates Showed Nearly
Two Feet Less Water
I The Hpononincr i\f -i ? 1
1? ,,, V1 tlic ciiaiiiH'l aiHl
dredging work done on the Wat-earn
aw River had the effect of allowing
freshet waters to run out into the
ocean; and there was consequently a
great difference in the height of
freshet waters along the new road
which runs by the Scarborough farm,
now owned by A.1 P. Johnson. Conditions
as to freshet waters is quite
different now as compared to what
those conditions were before this work
on tJ\e river was done.
Tl\?t this is so is proven by reference
to the records of the height of
the highest freshets, before and since,
as kept at the river front by means
of the guages and as supervised by
Mr. Quattlebaum.
These appear to be the facts: In.
the year of 1008, the highest freshet,!
the water in the new road at the lowest
place stood three feet deep on
the surface of the roadbed; while in
the year of 1010. after work on the
river had been done, although there
was a greater accumulation of freshet
water than ever before in all of the
streams contributing here and at
Georgetown, the water lacked almost
two feet of running as high on
the guage at the river; and although
the depth of the water on the road at
this last time was not actually measured,
yet the fact that the water stood
nearly two feet lower on the guage
would show beyond any doubt that it
stood about two feet lower on the
same spot ot road.
There is an idea in some quarters,
it wquIcI appear, that the water in
times past covered all of this joint
of road* leading from tlie end of Third
avenue to Bear Swamp. But this is
a false notion as all those who passed
that way can well remember that ihe
water covered the road only for a
short distance where the land is tl.e
lowest-near a branch in-l swamp head.
When the water was 1he worst in all
of the streams in this section in 19K>,
busies never <|iui go in..* over lhat
same road.
BETTER BREEDS,
BETTER POULTRY
Better Work and Better Poultry
Will Produce Better
Products
If we would have better poultry
throughout Uorrv county we mubc-'.in
first with thoroughbred chick
ens. Many : person has made a success
with common or mixed breeds,
but it is advisable to at t
away with all the scrub stock and
head our flocks with a fine hre.l
cock. Better than tV.is, and the one
'thing that the Ho ivy <"oun'\ I'ovftry
Association is *v inpr to >vovk foi
I i thoroughbred s'.orV: throughout tlv
county.
So begin now by purchasing amany
eggs as possible from someone
i having Hue breeds. j;a?l by so'I:ns
| those now you will have your puTot
i ready for laying this fa-U. Tho-e
'fowls, if .veil cared for during the
winter months, \\ill produce more
eggs and lancer eggs than the com
mon stock. Bettor work an! hottc:1
Poultry will produce hotter nroduct \
We all know that hotter products fin:I
ready sales.
It would seem that the breeds that
would mo'4 interest the poonlo of
Horry would he the egg breeds and
general purpose breeds
The egg breeds include all small
or medium size fowls that have a
strong tendency toward egg production.
_ They are gencraly poor setterse'
at least, while young They are
maintained for the production of oirgs
and for this purpose are unexcelled
The Letrhorns, Spanish, Minorcas and
Hamhurgs are crood reoresentative*
of this class. The Leerhorn. which
heads this list, you will find has a
large variety to choose from. There
are the sincle comb brown. rosn romh 1
brown, single comb white, rose com!)
white, single comb buff, rose comb 1
buff, single comb black and the silver.
(
The general purpose fowls, as the *
name indicates, are the breeds kep+
for the production, of both meat and .
eggs. A great many persons not only
look for a fairly good* egg production,
but for a bodv of considerable
size that will furnish a good quantity 1
of meat for table use. These breed v
are better setters and brooders than '*
the egg breed, as they are more quiet c
and docile in disposition. The sur- 1
nlus of both eggs and meat from '
these fowls are sold on the market to 1
good advantage. The Plymouth Kocks. 1
Wyandotts. Orpingtons and Rhode ?
Island Reds are familiar breeds of ?
this class. t
The recognized t varieties of the f
Plymouth Rocks are the barred, c
* Mk&Jk j
raid.
white, buff, silver penciled, partridge
md Columbian.
There are eight varieties of the
Wyandotts as follows: Silver, golden,
white, buff, black, partridge, silver
penciled and Columbian.
Only throe varieties of Orpingtons
have been recognized by the
American Poultry Association, the
white, buff and black.
With this variety of breeds there
should be no tiruble in chosing the
kind or kinds you most fancy, and
begin now to stick your yards with
these fowls. There are poultry
>r<seders all oyer the country, and
jyreat many right in our own state,
i font ? !.?... _ > . .
..w.ii vmiwii you can Ret one setting,
15 eggs, or any number, at this
season. The ads of the Sunday
Columbia State will give you a Rood
list of these breeders. Begifi now.
The earliest hatched pullets will be
the earliest to lay this fall. He'p
to improve the poultry of Horry
county
Contributed.
o
MOVES GANG
The chaingang was recently moved
from Bayboro, where they had been
kept at work for some time, to a
point which is located on the new
Georgetown-Conway road, near Bear
Swamp.
Work was commenced last week on
this new road and by Saturday night
there was a portion of the right-ofway
opened up.
New surveys were being made last
Saturday by the engineers in relation
to the location of the new Georgetown-Conway
road leading away from
the corporate limits of the town of
Conway. It appears that the engineers
had suggested a location running
westward from the end of Fourth
avenue almost due west and lower
down the hill than the first line of
survey. Whether this might lead to
a change in plans was not stated.
In the opinion of every man who
i i?i?i "
u<i> umiim-u 11110 mo matter, the now
road that is now being commenced
at a point near the Melson place,
could have been located along the
present cutoff by the Scarborough
farm at much less expense than iroing
a mile out of the way by the old
camp ground. This is so in the opinion
of some of the engineers on the job,
according to reports which are reliable.
WRITES ESSAY,
WINS A PRIZE
Interesting Information About
Co-operative Marketing
is Given
The Kentucky tobacco campaign
committee offered a series of prizes
to the various high schools throughout
the hurley district for the best
essay on "Tobacco Co-operative Marketing."
The essay which landed the
$'20 jn gold follows:
"The first reason my father should
Join tbo association is that it is a
'arm organisation, organized by farmers,
operated by farmers and used
for the farmers' benefit.
"The second reason is that labor is
organized, business is organized and
everyone else but the farmers organized.
Why should the farmers not organize
?
"The Ihird reason is that matters
" ouM not be any worse. The farmer
is ^ celling his tobacco at starvation
prices and buying other things at war.tuo
Phis cannot last forever,
for the hanker cannot lend money
ithout 111? ? prospect of payment, l!
has come to 'lie ?joint where the farmers
will either have to stick together
>r starve separately.
"The fourth reason is tlvit the farner
blamed evei vone last year be' ause
he didn't get a fair price for
his tobacco. All the good it did was
to relieve him of his sentiments.
"With 7f> per cent of the tobacco
growers organized, the buyers will
never dare antagonize the organization,
and the farmer's opinions will
amount to something besides 'hot air.'
"For years the farmer has been
compelled to take wh.it was offered
him. This plan places him in a position
to force the buyers to pay what
he wants. Father, think what this
means to you and your family! Tt
means fair recompense for your labor,
better clothes and more freedom for
your wife and an education to your
children.
"The grape growers of California
and the wheat growers of the Western
states have put through organizations
of this kind and made a success
i>f it. Why shouldn't the tobacco
growers of the Southern states make
'i success of it also?
"It is a democratic body, in which
veryonc has the same power?tenant
md landlord alike. So my father
should join other fathers in making
his a success. Remember, 'The Lord
lelps them that help themselves.' "
o ?
It is hold under national laws that
i man's house cannot be searched for
vhiskev unless the man is armed with
i search whrrant from a competent
:ourt; and there has never been a
nore righteous decision of any court
>efore in the history of this country,
t is all very well to enforce the pronation
laws, but we have never seen
my more necessity for searching a
nan's house or place of business in
he hunt for whiskey than in a hunt
or some other evidence of some other
rime.
iSSI ~kL i
NO" 45
BIG DOCKET IS
WAITING OVER
Number of Violations of Prohibition
Laws Among
Them
USUAL NUMBER
OF NEW CASES'
Two Charges of Homicide Will
| be Disposed of This
Time
An examination of the sessions
docket at the courthouse shows a
total of twenty-three cases have been
bound over for trial since the last
term from the various magistrate
courts of the county, though as usual,
most of them will go up from the
court of Magistrate W. H. Chestnut
of Conway.
The cases above referred to as having
been continued from the Last term
are as follows, copied from the record
as carried forward by the clerk
of the court, W. L. Bryan, Esq., in
readiness for the court which will convene
on Monday morning, March
with Judge T. S. Sease on the bench:
Town of Loris vs. C. M. Stalvey,
appeal.
The State vs. Frederick Bryant, assault
and batterv with intent to kill.
The State vs. W. P. H.nrdwick,
drawing and uttering check without
funds.
The State vs. W. Fred Jones, larcen
y.
The State vs. J. M. Tindal, disposing
of nrnnnvt v inulov Hon
The Sta'.e vs. Charlie Jones and
George W. Hucks, disposing: of property
under lion.
The State vs. 1. L. Holmes, appeal.
The State vs. Jack Hickman, appeal.
The State vs. Sue Mishoe, assault
and battery with intent to kill.
The State vs. Matthew Ward, violation
of dispensary law.
The State vs. Ben Hickman, violation
of dispensary law.
The State vs. Vance Ward, violation
of dispensary law.
The State vs. Gurley Stevens, violation
of the dispensary law.
The State vs. Tillman Hammond,
assault ond battery with intent to kill.
The State vs. J. W. Hill, disposing
of property under lien.
The State vs. W. C. Floyd, disposing;
of property under lien.
The State vs. H. C. Prince, violation
of the prohibition law.
The State vs. C. M. Stalvey, disposing
of property under lien.
The State vs. li. W. Lewis, breach
of trust with fraudulent intent.
The Slate vs. Luther Dewett, house
breaking* and larceny.
The State vs| Isaac Kay, malicious
mlschie f.
The State vs. N. W. Roberts, K. L.
Mishoe and J. 10. Roberts, order to
show cause.
Two homicide cases have developed
since tho la-t I'M'ni of the court. It
is expected that these will be dispivod
of this trve. Thoy are the
charges Cb.vrlie Prescott and
the other, Nathan K.- Lewis. They
are ment >p m elsowhore in this issue.
knmst: knts
The ftivruit ing Part at Camp
Jackson. .South Carolina Jieaded by
('apt. r. V. McC lloiu states that
there are <nly a few more days left
for recru'u ng at this Camp, as tho
Ti.fantry are now under orders to
proceed to Camp MeC'lellan, Ala.,
and are expected to leave on or
about March \<t. 1022. The recruiting
personnel are to accompany this
hatallion to their new home, where
their good work is expected to be
continued.
It is suggested that any-one anticipating
enlisting present themself
at this office at the earliest possible
date, as it. is necessary that their enlistment
be completed prior to the
departure of the troops from this
Camp.
Foar further information relative
to qualifications etc, write the Recruiting
Ofticer, Camp Jackson, S. C.
? o
ASKS INFORMATION
Washington.?The resolution asking
President Harding for full information
regarding the negotiations of
the four power Pacific treaty was
adopted by the Senate after a debate
in which the arms conference policies
were discussed generally for the first
time on the Senate floor.
freight" makes
big difference
W. B. Chestnut & Co. find a great
difference in the freight rates on fruit
from {Florida, here, comparing rates
by wjjttcr with the rates i>y rail.
Hele is an instance: One crate of
lemons shipped to them by rail from
Wilmington, N. C., cost them $1.42.
Fiv* crates of oranges shipped to
thein from Miami, Fla., by water,
reaching here by way of Georgetown,
cos\ them $1.40 for the entire lot of
fivef crates. A crate of lemons by
express from Wilmington, N. C., just
a few days before that cost them 84
cer^ts.