The Horry herald. (Conway, S.C.) 1886-1923, March 16, 1922, Image 1
!jme xxxvi.
INDS SLOWLY.
IIT TO POWDER
y Criminal Cases Result in
Verdicts ot Guilt for
Defendants
JY GO TO ROAD GANG
skcy Makers and Sellers
Get the Gang or Penitenjj
tiary For Theirs
i^ast week proved to be one of
f busiest courts this county ever
in the trial of criminal cases.
(me pleaded -guilty, a few were
md not guilty, and whiskey makers
d sellers got chaingang or penitenfry
sentences, and wore not allowed
|pay out. Most of the verdicts rented
were verdicts of guilty.
^Following is a brief statement of
^number of cases disposed of that
not mentioned in any special
icle in this issue:
State vs. Harmon t)urant was a
^e of housebreaking and larceny.
? pleaded guilty and was sentenced.
similar case- against Sammie
Mimas was dismissed. Those arc
i} negroes who stole from the home
j Dr. J. S. Dusenbury. Defendant
,1 thirty days on the public works.
VYin. Henry was tried for breaking
.o the store of J. A. Kason ai d
ting goods. Ho also pleaded guilty
I was sentenced to nine months
the gang or in the penitentiary,
^'heeler Cowan was before the
jrt charged with stealing. He cn ed
a pica of guilts ,'ind was soniced.
This is the negro who has
>eatedly offended the law by st?alj
anything he could lay his handHe
has been out of the gang foi
few days, only to go back again.
I was sentenced to nine months on
? public works.
[state vs. Owen Word was conued.
A motion for a now trial in the
^e of the State vs. Matthew
iird for violation of the prohibition
v was made on VV.ednesday morn
This was refused. He was
;ed and sentenced to one yea.
d $1,000 fine, suspended to serving
; months on the gang. Before
icing the sentence the judge read
paper which had been sant to him
two of the jurors who tried Ward
Hting for mercy for him <>n thr
.i.i.d of reasonable doubt.
State vs. Tate Bennett i .< 1
k Causey for violation of the proHdtion
iasvs was called ami tried on
Hbdnesday morning. Tate Bennett
Had<<l Kui11 \- aiv! \\ a sentenced
i U '.i-cy pleaded not guilty and
El defended by J. I J. Lewis. 1>. F,
Hf'';i; y of 1 he rural police testified
HI the finding of the still near th?
B> e of l?. II. Justice, in his field
H/k of his house. He found it when
saw the smoke, then rushed in
Bi found a firo under the '.ill and
B drum was full, li'- watched the
and saw four men come to -the
fr. < !. do Justice, Dick Cau . y. Tat
Hj nett and Christopher Jewell,
H-tice and Jewell ran and escaped
jjj the two othej's were taken, hick
HJu-ey showed him tho monkey rum.
To said hick told him that he had
Brushed a barrel of molasses and
Hflit Clyde Justicc and -Jewell were
Bkii".' It on shares and he was i <
Br. When the men came to the
Hi I hick Causey was carrying the
^R\ornan Cooper testified thv.t he
Bs with Bellamy when he made the
^rd. lie trusted one of the defendK
? to go into the house and thus
B escaped by going out of the back
K^ack Bennett, negro, was put on
Hfl stand and said he had hauled
B':ie molasses to the barn of Mr.
ice to feed the hogs, and that
If'had fed hogs with some of it.
IfTate Bennett was sworn and said
H/ had never seen Dick Qausey at
HVhe defense moved for a directed
' diet on the ground that there had
Him no proof of the offense of stillH;.
This was refused.
Defense.
H/)ick Causey testi fied about a man
Ilo had come down to the fishery,
[/is Mian said he had ordered a bar|J
f>f syrup and u-ol witness to see
[fie could got Chris Jewell to run it
jfl him. Witness made the arrangeKfnt.
That lio went to a place
[fere he saw smoke and Jewell was
Bre and Clyde Justice came there.
|en Jewell's wife came and remonItted
with Jewell about making
11 drinking the whiskey; then ho
& It was another time when the
[lost was made, and on that occap
he had breakfast with Jewell.
P.n Jewell nave him the still worm
|J said, "conic along; and get a
iik of whiskey." When they g*ot
ju'n to the still they found officers
5the still and we 1*0 arrested.
1)11 cross examination he was asked
But the affidavit he lrid made. Tie
Rmed ho had not told it that way.
I t'oned closely about the name of
t strange man who wanted the
Villi, IIU >(l'Ml Lilt; IIIclll 11(111
or told him liis nnnio, but ho had
nl it was l>ill Fankloy.
bore woro no other witnesses for
?"no jury found a verdict of guilty
Hrnst Causey.
T,o\vi was tried for violation
itlie prohibition laws Wednesday
noon. Ho was absent, having
away. I- V. Todd testified that
(The
he saw this negro and noticed a
piece cut off his shoe. Went with
the officers to the still and saw thi.<
peculiar track leading to the still.
B. G. Fowler testified along the sam?
lines. He was convicted.
State vs. H. C. Price for \iolatioi>
of prohibition laws was nolle prossed
on payment of $50.
State vs. Luther Hardee, charged
with forgery, resulted in a plea of
guilty. He was charged with forging
a check on T. M. Tyler. He \vasentenced
to one year and a fine of
one dollar.
State vs. Beni ply Gerrald was
continued. He is in jail in Marion
county.
State vs. Henry Hughes for disnosinrr
of nvnnnrtv ii'iic
f ,.n |/? V|/V* v(* *.% i V VV/Ii
tinued.
State vs. J. M. Casque on a charge
of disposing of property was con
tinued.
State vs. W. J. Johnson was compromised
State vs. E. N. Thompkins for dis
posing of property was continued.
State vs. I). G. Henson was continued.
State vs. W. C. Floyd for disposing
of property was continued.
Tate Bennett was sent'V.ced to
twelve months and a fine suspended
! in service of six months. This was
on his plea of guilty.
Dick Causey was sentenced to the
same as Tale. Hennett. This means
a sentence of two months for each
of these defendants.
Sta1 .i M. Hud on Jenkins, Troy
Jenkins and 1?. ('. .Jenkins was
| rh?n ?ve of riot. John C'apps testified
he was ^hare-cropping on 1?. C. Jon'1.'
1 s' place, lie told how he had a
''difficulty with Hudson Jenkins and
was cl ascd by him with a board and
tha4 Troy Jenkins came into tho
racket and he was considerably
beaten up till blood came from his
nose and ears. The grand jury had
found no bill as to 1?. C. Jenkins.
})ock C'apps told about the row
K I i ...i . i >
I...... .n?\% M vm^on <icnKins nad picked
i up a hoard and made throats of killI
ing and knocked John Capps down.
Said that Jenkins drew the hoard on
:i Capps' mother and said he would kii!
her.
i Frank Squires was sworn by the
State. Mrs. Capps, mother of John
i jCapps, was sworn.
'I The State made proof of a severe
, ; injury io John Capps. Dr. H. H.
1 Burroughs testified that he found
Capps su 'ferine from a blow on the
i head which had fractured the outer
, bone of the .skull.
i Defendants moved for a directed
verdict, which was refused. Hudson
I Jenkins was convicted of assault and
battery of a high and aggravated
i nature, and was sentenced to six
, months or a fine of $200.
The appeal c;i*e in State vs. 1. Ii.
I Holmes was adjusted by agreement
, of the parties.
The appeal of Turner Vereen and
Alva Grainger, cortvicted of receiving
, stolen property, wa * ho/ird just bei
fore the court adjourned, the State
i represented by F. S. ('. Baker and
1 the defense by T. I J. Lewis. Aftei
hearing son e of the papers read tiv>
> j matter was postponed till another
* term.
The court edjourned at about 1
I n'rtcvi' on Friday. .ludi'P T. S. Soase
left Conway by the bus lino.
ILL TREATMENT
CASH NOTHING
IJgly Charges Against W. V.
Gause Gets Direct
Verdict
The ease of human interest thfit
came up in criminal court last week
was the charge against W. V. Cause
for mistreating a child.
About August 1, 1921, so the indictment
ran, Gause refused to furnish
food and medicine for his child,
j for whom he was legally responsible,
J so that its life was permanently injured.
Herman West told of the incident
he saw of Cause's daughter, fifteen
years old, sitting on the porch sick,
when Gause struck the child on the
head and said he wished she was
dead.
Then Mary Todd was called and
said nothing against defendant. The
court directed ,a verdict of not guilty.
o
CASE DISMISSED
BY SOLICITOR
On Wednesday morning the solicitor
called several sots of witnesses
for the grand jury. He lvul called
these witnesses several times during
the first days of court to testify before
the grand jury.
When the witnesses failed to answer
for about the third or fourth
time the solicitor dismissed the cases.
NEWBUILDING
ON EPPS CORNER
Ground was broken last week for
the erection of a temporary building
on the corner of Main street and
Fourth avenue. A filling station
with a driveway will be erected on
the property which has been leased
for a term of years. A. R. Garren
has the contract for the building.
Hurt*
CONWAY, S C., THURSDAY,
PRESCOTT CLEAR.
SAYS THE JURY
Justified in Defending His
Humble Home Against
Younger Men
EXCITED MUCH SYMPATHY
Charge Concerned the Homes
of Men and Their Right
to Stay There
Charles Prescott was tried in the
criminal court in Conway in the
iiesday, and was cleared l>y tho jury
of the charge of killing Fulton Davis,
on Sunday night, Septermber 25th,
1021.
The case was called in the forenoon.
A jury was quickly secured,
very few objections being made by
'he State. They used but one of the
five peremtory challenges allowed by
'aw. The defendant is allowed ten
>f those, and every one of those was
used by him.As only three of four of |
'ho jurymen wore sworn on their voirj
lire, ;1 took but little time before tho I
full panel was ro.'uly to hear the tes- I
timony. |
There was a large crowd in tho
court room to hear this case tried.
On the day before the trial of Nathan
i Lewis for homicide had boon finished i
I with exception of tho charge of the
I presidinir iudiro. Tho r>*. mw/1
I buck to town on Wednesday morning
i to lieav the windup of the Lewis case
and waited over, owing to interest in
the Presco't case. j
Testimony for State.
Dr. J. K. Stalvey was the first witness
for the State. I5y him they
proved tho death of Davis. Davis
had been taken to the physician on
tlie Sunday night after the shooting.
Mo said that the effort of tho shot
which he found in tlie center of
Davis' Ivick' would produce a paralysis,
instantly, in the lower limbs of
Davis. Me said that Davis could not
walk or run away from the spot
where he was hit. for this reason.
On cross examination he said that
he may have pulled himself along by
i his lvinds and arms. According to
his testimony Davis was not in much
fear of inpending death at the time
he saw him, that his statement to him
could be admitted as dying declarations,
and the solicitor did not try to
bring these out after asking the
physician several questions .about it.
He said that he had Davis sent to
the Florence hospital the following
day. whore lie died ten days or more
after that time.
Iv. W. McCracken testified that he
heard somobodv calling down toward
Proscott's home and went there with
a truck, lie assisted in getting D.avis
on the truck and brought him to the
phy.- ician. lie saw Dav is lying inside
of the bars at Prescott's place, with
hi^ head lying on tiie lower bars, and
bis feet extending in toward the
house. This was all he knew about
the case.
Alex liourne was sworn, lie stated
in sub tance th.at he was there with
Davis when Davis wa.- shot. That he,
Bourne, wa at the liars with Davis,
and had with him a swectgum stick
I CONTESTS ON IN !
FOR QUEEN
Popular and Attractive Youi
Interested In 1
Big F
QUEEN RECEIVES $
Throughout South Carolina interest
is running high in the statewide contest
to secure a Queen for the 1022
Palmafesta to ho hold in Columbia
the week of April 17 to 22. Newspapers
in the state are running voting
coupons in each issue and many
papers have published long lists of
attractive contestants. Each county
is selecting a candidate who will go
to Columbia for the big week ,*\s the
guest of Palmafosta, all expenses of
the pleasant trip to be paid by the
Columbia Chamber of Commerce.
When the forty-five county candi<l:itPs;
!K>;r>in 1 ?lf* PaIiiimKio 'ah T>.>1
mafesta ;i gener/.il oloction will ho
held and the fortunate young woman
securing the greatest nuniher of votes
will 1)0 ciowned Queen of the 1922
Palmafesta, will he awarded the $f>()0
diamond ring and will ho the recipient
of many special honors during
tho hig gala week.
I'lvery county Queen will he royally
entertained and will have a week
tilled with pleasure and honor. It
will he a week remembered through
life as a landmark of pleasure?something
to outshine all other occasions
of merrymaking.
The hig steel auditorium at the
state fair grounds will he the center
of Palmafesta activities such as the
B g*
MARCH 16, 1922.
that he had cut, preen, in the woods
about two hundred yards from the
Prescott place; that he handed this
stick to Davis, and that Davis stepped
inside over the bars, after letting
down the upper ones, and took several
steps toward the house and flung this
stick at the house, and as it struck
the house, or just after it did strike
the house, that the shot was fired
f VAIYl t 1-w"* ?aai*/*K I ) 4 ' - '
i i viii 111*_ jjwivu *.?i i icm'uh s nouse;
I that He was hit in the hand and that
| he went after help to take care of
| Davis.
I.ed Jones was sworn and said in
substance that he was along the road
on the way home from church and
that Alex Bourne and Fulton Davis
were along; that Bourne and Davis
went on ahead after Bourne had cut
down tlie sweetgum sapling by the
road; that when he passed along by
Prescotts gate, Bourne and Davis
were in the jamb of the fence next
to the bar and tlv.it he asked what
they intended to do there and the
reply was to the effect that they
would rap h out of tlv.it house.
Witness then went on and when he
was some distance past the place ho
heard something hit the Prescott
house, and looking back ho saw the
flash of the gun when it was fired
from the porch of the house.
Stafford Jonrette was the next to
testify and the substance of what he
said was about the same as .Jones: |
lie was along .about the same time
an 1 heard the same things that Jones
heard. Ho also went on.
Then Sheriff Jas. A. Lewis was
called i*> estify that he had gone out
after Prescott but Preseott was gone.
On cm- examination ho said ho was
assured by friends of Prescott th.at
the latter would bo on hand; and
Mat later ho received a message from
'rescotl, who gave himself up to him,
etc.
Defense.
1 lie defense called V. D. Johnson,
>' the rural poiice. Johnson said that
he went with the sheriff to the Pres-<)tt
home the same night after the
shooting; that he found near the corner
of the house this
. i n : 11 j
^tick that was exhibited in court and J
which Prescott said in his testimony I
was flung1 at him. He also compared |
this stick with the stump of the little
tree in the woods where it was cut
lown with a knife.
W. C. Johnson was sworn and
said that his business is that of a
photographer; that lie had made a
photograph of the place, and he
identified this in the court and explained
the locations to the jury, lie
had measured the distance from, the
bars to tlie steps of the house and
said it was thirty- five yards.
W. .1*. Sessions, an ex-sheriff of this
county, said that he had gone to tlio
Prescott homo on the morning after
the shooting; that he saw, at the distance
of fifteen yards from the steps,
the sign where someone had suddenly
turned round; that some distance
from lhat back towards the bars there
was a patch of blood the siv.e of his
hand, and still fv.rther toward the
bars a larger spot of blood which
was three or four yards from the
bars.
lie was followed on the stand by
('best II. Sessions. I'e said that
he had seen the same signs that \V.
,1. Sessions had seen in regard to
the tracks and the spots of blood,
and had noticed a'so ' aal between
the spot where the tracks tinned
round and the I'iist spot of bloody
EVERY COUNTY I
OF PALMAFESTA
rig \Vomen;In Every Section
Capital City's
estival
500 DIAMOND RING
crowning of the Queen, daily band
concerts, the big fashioij show, automobile
show, trades displays, vaudeville
and amusement acts both .afternoons
and evenings, and one or two
nights featuring grand opera stars of
international reputation.
Palmafesta will open on Monday
exening, April 17, with a mammoth
j display of fireworks. Columbia's
streets will be specially decorated for
i the week and there will bo gorgeous
Coat parades, baby parades and other
features now being worked out bv
committees from the Chamber of
Commerce. Several state conventions
have arranged to meet in Columbia
1 : it-- ' .....
tiniy11inc wcok or ivilmalesta.
The county Queen contests will
close throughout the state on Saturday,
April 8, at (> o'clock. As soon
as the votes can l>e counted the winner's
name and photograph will he
sent to Columbia for insertion in the
beauty supplement to be circulated
throughout the state the week before
Palmafesta.
The most popular younvf woman in
Horry county will be elected by sending
voting coupons clipped from our
columns to the manager of this paper.
Paid-in-advance subscriptions will
count f>00 votes. Send in your subscriptions
and coupons as fast as possible
so you may have the honor of
becoming a Palmafesta Queen candidate
from Horry county.
raid,
ground, signs as if some one had
crawled backwards.
Fred Lewis testified that he
was along the road with a number
of other boys, going in the direction
of the Prescott place, when Alex
Bounre turned back and called Davis
back: that ho went on and had passed
the Prescott place and heard the shot.
Character witnesses: Bryant Jordan,
Tom Anderson and W. J. Sessions
said they had known Prescott
for about twenty years and knew
him as a man of peace and quietude
and had never known him to have
any trouble with anybody.
Then the defendant was sworn in
his own behalf. He said that lie was
living" in this little home where he
had been living for about seven
years; that he had a wife and four
children, the younirest of hr?i?nv
a baby, very young at the time of
this occurrence. He said that those
same hoys had hcen going to his
place and molesting him in various
ways for a long time and that he
had given them notice not to come
inside of his yard, and to stay away i
from his home. That on this night he
had heard low talking in the jamb
of 1 ho fence out by the bars. That
he was afraid of what they might
do to him and taking his gun he
went outside on the porch and remained
there in the shadow of a vino
that hung its tendrils there. That
one man who had on no coat .and 1
whose light colored shirtsleeves he
could see. also another who had on
a coat, came across the bars abreast,
in a stooping position; that when
nearing the house about fifteen yards
i'rom the step--- < t the house, one said
to the other with the shirt sleeves,
"you throw the brick; if ho opens the
<loor I'll shoot him;'' that the one addressed
flung the brick and it struck
the house with force and wont on
over the top, rolled down the other
side of the roof and struck the
p/round; thnt the mnn who Tlnno- lliol
brick turned as lie flung it; and that
the other man was advancing still
nearer to the house and ;is lie. Prescott,
drew up the gun to his fare he
threw the stick, which glanced close
hy his head and the end of it caught
in the vine; that this caused him to
waver in his aim. which had been at
the hoy who was still advancing, and
caused most of the load to go to the
right of the one who used the stick.
It was developed that he afterwards
knew that the man in shirt sleeves
was Davis, while the other was Alex
Hourne.
On cross examination Prescott was
asked if he had not been in trouble
in Georgetown county, but he made
no answer to the questions.
The Verdict.
Prescott is a man who said he was
of .age. lie looked it as he came into
the court room and took his seat in
'he dock. He evidently had the sympathy
and good will of almost every
spectator in the court room.
The jury remained out only a few
minutes and returned a verdict of
not guilty.
The Charge.
The requests to charge and the
general charge of the presiding judge i
were interesting to all who heard
them, because they concerned the
homo, the unit of the nation, the place
w hich has ap'lv been doscribed in the
law as a man's castle; and also the
right of a man to protect that home
and his right to stand his ground
\Vhei at ucked there; and the great
lifTerence which exists in things of
this kin I when they .arise at a man's
home and when they arise elsewhere.
'I he court said that when an unwelcome
guest was at or in the home,
and that guest was there unlawfully,
the law did not require the owner
first to order the intruder to leave;
that the law itself ordered him to
leave.
NEW FIRE RIG
IS TRIED OUT
Quickly Extinguishes a Blaze
in the House of Improvement
Company
A (\ ..! 11 I 1
ja mi' iii imit. ui nit; .smaii itMiani
houses of Horry Land & Improvement
Company called out the fire department
last Thursday morning.
The house was covered in flames on
top of the kitchen when the now chem ical
engine was driven to the place.
The flames were quickly put out. Hut
for timely action the house would
have l>een destroyed.
The house was occupied !>y an employe
of the Conway Lumber Company.
I.KWIS .11 liV LIST
The following composed the jury
who tried Nathan 1\. Lewis for homicide
last week:
I'. V. Ward
B. (I. (iilmore
Of. F. Hardee
B. (J. Johnson
I!. L. B. Jordan
George Prihb
A. if. Mishoe
J. II. Sawyer
W illie K. Watts
I>. 11. Verecn.
o .
NO It! LL KOl'M)
The grand jury found no hill in the
whiskey case against John Jacobs,
who was indicted before the court
and whose preliminary took place recently
in the magistrate court.
#
no! 48
MISHOB CASE
DREW A CROWD
Witnesses Detail Facts of
Shooting Affray at
Dorrnan Home
FAMILY TROUBLES AIRED
I Jury Got Tied Up on Trial of
This Case and Remained
Out All Night
The trial of Boh Mishoe for assault
and battery, with intent to kill,
brought a large crowd to the courtroom
last Thursday to hcvir the case.
It was brought out in the testimony
that four or five years a^o his
wife. Macey Mishoe had goi.c back
to her father, G. K. Dorman, and had
i not lived with the defendant any
| more; that since she had gone back
I the defendant had not visited either
h:s wife nor his infant child, who at
the time of the trial was said to be
near the point of death from sickness
of > *ome kind.
The charge against Mishoe was to
the elVect that he had shot (i. K. Dorman.
the father, while at the Dorman
resilience on a Sund.ay night
earlv in October, 1021.
The state proved that defendant
had made threats that he would kill
or ininvo (i iv nm-m.i..
^ . '< i 111n 11 ti.> w *. 11 ;i>>
the wife. who would not live with him.
It was also intimated in the testimony
that Mishoe had been scon round the
place, waiting or eavesdropping several
times before this.
According; to the testimony of G.
K. Hornian he was sitting on his
porch with his wife and daughter
when Mishoe passed along with his
gun, and going past the gate, stopped
at his wagon and near the corner of
a small outhouse and that he fired
shot at the house; that Dorman went
| inside the house and got his gun and
they shot at each other several times
and that Dorman was hit and had to
be brought to the doctor.
Mishoe took the st/ind in his own
defense and said that he had gone
by the place because it was the best
way to travel at night, while he was
| on his way to see a man by the name
! of Speers; that he had passed the
' house when Dornv.m fired on him.
This was the contradiction in the testimony
of the two sides.
The prosecution proved in reply
that it was half a mile further for
t Mishoe to go the way he did instead
of another road behind Dorman's
place.
It was brought out on cross-examination
of Mishoe that he had agreed
for his wife to go hack to her parents
>n condition that when ho wanted her
hack ho would make her come; that
she had insisted on ijfoiniv and wafited
to u'o on condition that she would
come back of her own accord. Some
lime alter this occurred and his wife
I had left for the home of her parents,
Mi dioe had returned the cattle, hoi?-s
.and furniture that her father had
jviven her and said that he did this
because he lid not want these things
if in* could . ?)! haw his wife and child.
The occurrence ::i a usually quiet
common:!/ on Sovday l i.u'iU created
(|iiue a disturbance at the time.
There w > > the shooting for one thin.ee
as the .-hots were hoard all over the
community. Then there w,\s the
! screaming of the women, both at the
homo of I Un man and at the home of
iMishoe's mother. P. M. Dornuin, a
brother of G. K. Oorman. tried to
telephone for the sheriff, but was prevented
by the sister of Mishoe from
do in}? so.
The jury retired in the afternoon
and remained out all nig'ht. Their
verdict will ho found in another article
in this issue.
o
BOB MISHOE IS
FOUND GUILTY
The jury remained out in the case
against Bob Mi shoe all night. This is
the first time in many years that a
jury has been tied up for a whole
night on a case of crime.
Several times they came back to
the room to say they could not agree
or for further instructions. Each
time they were sent back to find a
verdict.
They went into the room on Thursday
evening to consider the case and
did not come out till Friday morning
with a verdict of guilty of assault
and battery of a high and aggravated
nature and were discharged.
The court delivered a lecture to Mr.
Mishoe before pronouncing sentence,
lie toM him that he lacked the re fin enent
of feeling that would have
caused him to treat bis wife better
when she was in delicate health, but
instead of that he had doubtless re
luired too much work of her and that
ho should have been willing for her
to have gone to her mother until her
i\i?i lr\n 1 ? ~' 1 ''
iimm iinu men return to
him after it was over. He stated
that it mifiht he possible that husband
and wife could yet ho reunited
and he was certain that this could be
done it' the religion that we all love
could do its part.
lie then sentenced the defendant
to pay a fine of $100.