The Horry herald. (Conway, S.C.) 1886-1923, April 13, 1922, Image 1
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JONESALOSH
IN SMITH (fSE
^^Jury Finds Verdict for 0.00
" in Favor of
Smith
LAND LEA~sT~ IMViVED
Defendant Showed That'lain|]
" tiff Had Not Complied/ith
I his Agreements in the lase
S The case of W. C. Smith gainst,
i W. Boyd Jones, in the court comJ
inon pleas, was commenced 1
i Thursday, being placed on thcoster
r) for trial on that day. It wasinished
on Friday morning of las week,
being- ended when the jury cae out
with a verdict for the plaiiyf f?r
the sum of $50.00.
This was a damage suit teging
the forceful entry and dotaer of
the Boyd Jones farm at Juste. I'<
was alleged in substance th: this
farm which had been leased b.'Jones
to Redd in W. Smith for th term
of five years, had been subletto W.
C. Smitrw; that at the end >f the
third year of the lease it wa taken
away from Smith by Jones ad forcibly
held and detained fror Smith
together with a lot of perso^l property
such as corn, hay, ho.gt cattle,
horse, household furniture, aid some
wearing apparel.
Plaintiff asked damages fo this in ;
the sum of $(>,000.00.
It was developed at the trial of
flip r!KO fV) o f tlinvo ll o 'I ? lonf*
.... .V VKUV VI1V1 V !?.??? LICCII 'I ICU^t
contract between W. Royd Jmes air I
Redd in W. Smith for the tern of five
years; that Keddin W. Smith farmed
the place the first two yean of th 1
term and then turned the phce over
to W. C. Smith. In the leasi it wa.<
provided that the lessee, Smith,
should keep the flitches on tne farm
cleaned out, the fence rovs and
hedges cleaned off, the fetres repaired,
and that he would reduce to
cultivation about five to sewn acre<*
, of the land within the femes that
I had not yet been cleared: and thaf,
* he would give notes each year for
the amount of the rent.
After the plaintiff had introduced
testimony tending to show that he
had been put out of the place by
.Tones, and had said thnt loaco
had been assigned to him by Reddin
* W. Smith, the defendant introduced a
number of witnesses to show that
Smith had not fulfilled his agreements
in regard to the ditches, the
fence rows, the fences, and the rent.
The contract between the parties
falso provided that"' In case of the
failure of the Smiths to perform
their part of the agreement that
then it would be lawful for Jones to
serve thirty davs notice that the
1ea<?e was forfeited and ended. Evidence
was submitted to the effect
that on November 26th, 1919 Jone<
had served written notice to that
effect, and that he found the doors
of the house open on January 3rd,
1920, and took jaosse&sion of the
pi pee.
The jury remained out for several
hour- and it was expected that they I
wouM make a mistrial but found a
verdict for $60.00 for the plaintiff.
The other Smith and Jones case
that was listed on the roster was
continued by consent until another
term of the court.
o
SESSIONS NOW
i. is 4 rwpiiTv
r- U 1 1
y
H. N. Sessions was appointed as
deputy sheriff by Sheriff James A.
Lewis, by appointment dated April
14, 1922. This place in the sheriff's
office had been vacant for some time
and Mr. Sessions presented an apph\
cation bearing the recommendation of
many of the business men and especially
the lawyers of Conway.
p. N. Sessions has had a Ion* ex^.terience
as a constable and deputy
m and is a fearless officer in the disW
charge of such duties.
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i CIVIC LEAGUE iI
s WITH COUNCIL |
*> c X
j i X
Jt T
Jj The Conway .Civic League, %
as with about twenty members 2
5 C T
* present, last week refused to go ?
\\ on record as being opposed to %
|[ the location of the national S
,{ highway through the Presbyte- jj
!e mn churchyard and the placing u
of the Kington Lake bridge at \\
that point, thus making a \\
>5 straight course for the public Jc
!c road through Third avenue of \\
\\ the town. \\
It is reported tbat there were J[
*e three members only of the
j; league who stood up for letting )(
]\ the churchyard alone. J[
I This means that the Civic jj
\ at League as to almost its entire u
' \\ membership will stand with the \\
town council for making the j[
" road straight at that point and j?
!! the location of lake bridge at !!
!! that point. !!
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(The
NEGRO WINNER
OF ONE ACRE
Agnes Avant Defendant in Case
Brought by J. Albert
Hardee
WEDNESDAY COURT CASES
Court Took up Damage Case
r*f PftrklVi A 1 * 11
v* ** w hi n^ciiiibt A11UI1
Late in Day
The case of W. D. Bethea against
J. A. Lewis, sheriff, and the Bank of
Loris was continued.
In the case of lola Bellamy Barefoot
et al., against W. P. Butler et al.,
resulted in a consent verdict for the
plaintiffs for a total of 381.2 acres,
the land sued for in the complaint.
VV. T. O'Neill against Conwav Lumber
Company was set for Thursday
by order of the court.
Cannon-Hickman Company against
G. VV. Graham was continued hy consent
until the next term.
George .J. Holliday against J. C.
King was settled out of court and an
order taken to that etTect.
In the case of Dwight Martin
against Conway Live Stock Company
and in the three cases brought by the
Conway Live Stock Company against
T1 llf 1 . ? *
in. vv. new is ana Liwight Martin; H.
| W. Lewis and Quiiice Graham; H. W.
Lewis and W. 1). Woodward, the Conway
Live Stock Company was not
represented by any attorney in the
court, although F. A. Thompson appears
on the record as attorney for
the company and the adverse parties
pressed their cases and obtained verdicts.
None of the cases involved
property of much value.
HARD.EE AGAINST AVANT
The case of J. Albert Hardee
against .Agnes Avant for the recovery
of one acre of land near Toddville
was called and tried on Wednesday
evening. Following is the jury
drawn to trv this:
N. J. Cox, Sr.
J. W. AI ford
J. W. Cook
W. B. Shelley ><Syv
A. H. Benson t*f. |
J. I,. Mucins I, ft '
W. J. Hanna ' ! T 4
O. C. Cox !;.
J. E. Richardson
J. E. Allen
W. B. Clardy
G. B. Cartrett
rri.A ^i.,
aiic fiictiiitiii |jut in cviuence, ins
chain of title showing1 that he purchased
a tract of land from J. F. Harper,
the deed containing* no exception,
and later found that the defendant
was living in a strut 11 house on one
acre of this land, holding it by an
unrecorded deed from J. F. Harper
to Hen Avant long before the date
of the sale to the plaintiff.
The defense called a number of
witnesses to prove their possession
of the acre of land; that they had
bought the acre and had lived on it.
The jury found the case of land for
the defendant, Agnes Avant.
On Wednesday the court took up
the trial of the case of Marvin Booth
against Stanley Allen for damages in
an automobile accident and this case
had not been disposed of when the
court was adjourned for that day.
WINDUP OF
WEEK'S COURT
The case of J. M. Norton against
E. S. Tyler was continued last week
and will come up at another term of
I the court. Ford & Suggs represent
the plaintiff.
The case of J. W. Little & Co.
against the Veneer Manufacturing
was continued on motion of the
defendant until the next term of the
court.
The case of E. L. Matthews Candy
Co. against W. E. Barnhill & Co. resulted
in a transfer to Docket No. 3
and a judgment by default in favor
of the plaintiff.
Ward-Bate Company against Wade
H. Bigelow resulted in a verdict for
nlaintiflf for the possession of the
machinery the subject of the action
and the value thereof in the sum of
$250.
. George J. Holliday against S. J.
Rogers was continued until another
term of the court.
H. Barnes against C. M. Reaves
was laid over by common consent and
will come up for trial at another term
of the court.
L. L. Johnson against Waterman
Cook was continued by consent of the
parties on both sides.
The above cases were disposed of
as stated, being the windup of a busy
week of the court of common pleas.
o
WEEVIL BULLETIN
Hon. Phillip H. Stoll states that the
Department of Agriculture has just
published a bulletin entitled, "The
Boll Weevil Problem." He will be
glad to send this bulletin free to every
subscriber of the Herald who wiil
write to him at Washington, D. C.,
care of House of Representatives,
Washington, D. C., and ask for a copy.
The Herald is anxious to spread all
of the information that it possibly
can on the subject of the boll weevil
and the better way of downing the
pest. The Herald hopes that hundreds
of subscribers will write to Mr. Stoll
for this bulletin.
4
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CONWAY, S. C., THURSDAY
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| HOW ONE ADVER
I A FAMILY 0
i ?
ijc
* This story is told by a rein
>.<
* edge of the facts.
* There was a family living ii
^ and wife and several children. Tli
jjj discovered and managed to patei
* medicine. *They had just enough
4: worth of the product at a time, a
<! would take this lot to the city for.t>
* taking back with them the sum of
% (ot.
* In the city one day, after he
* cine and was about to start back h
jjj office of a daily paper and asked
>N advertisement in an exclusive sect
9p shabby appearance of the boy the
^ he did not have enough money to
^ boy replied that he would conside
* on any other page and that he w<
* the world for this ad, which was $
sk
?|c hoy and said that if he would pay
^ and accordingly it was fixed up.
t The young man walked all
* page of the paper showing the ad
* The rest of the family jumped on
^ away the money, as they expresse
^ This advertisement was the
* family, however, for in the course
* from a man of means who had se<
* theyl would charge to make up this
* later received his answer that he 1
* . .
* letter was shown to a capitalist
& strength of it and the result is tin
jJJ
sfc to-day a millionaire. You would
* name and the high place occupied 1
*
TOBACCO ASS'N
MAKES SUCCESS
Best Men to Be Had Selected
to Manage the Association
SEVENTY THOUSAND JOIN
\
Experts Will Manage the Sale
of Tobacco. Men High
. in Business
With ttfcmbership which is now
close to 70jlGid!D growers and with leaders
of outsraiding ability whose records
in the ^tobacco world have been
unsurpassed, tjlere need no longer be
any doubt as to the success of the
Tobacco Growers' Co-operative Association
in the minds of tobacco farmers
in the Carolinas and Virginia.
Richard R. Patterson, manager of
the leaf department of the American
Tobacco Company, ya charge of buy-|
ing ana redrying all bright tobaccos
in Georgia, South Carolina, North
Carolina and Virginia for that company,
has accepted the managership
of the leaf department of the Tobacco
Growers' Co-operative Association.
Simultaneously with the acceptance
of the managership of the leaf department
of this association by Mi*.
Patterson^ of the American, C. B.
, Cheatham of Henderson, N. C., district
manager of the Universal Tobacco
Company, accepted the position
of assistant manager and head of the
bright leaf department of the Tobacco
Growers' Co-operative Association.
The recent announcement of the
appointment of F. I). Williams, the
skillful leader of the Virginia SunCured
Pobl, as manager of the dark
leaf department of the Co-operative
Association, will assure Manager Patterson
able assistance in the dark as
well as in the bright belt covered by
the association.
Oliver J. Sands of Richmond, manager
of the association, in commenting
on the acceptance by these recognized
leaders in the tobacco world of
theiy new posts of command with the
organized tobacco growers, said. "The
Tobacco .Co-operative Association
is an organization composed
of men of the greatest experience
and high standing in the leaf tobacco
business, and the growers wilh know
tnat tney nave representing: tnem men
who have heretofore held the highest
positions with dealers and with manufacturers
and with capacity sufficient
to bring the greatest efficiency
and best results to the growers."
STEVENS TAKEN
TO WHITEVILLE
Jason Stevens' was arrested in
Floyds township a few days ago under
warrants from Columbus county,
N. C., charging him with a violation
of the liquor laws. He had been in
this state for about a year, staying
at various places, and was located in
Floyds township since about February
1, 1922.
At first he refused to go back to
Whiteville without a requisition, but
later his idea changed and he agreed
to go with the officers.
Officers left here for Whiteville the
first of this week with Stevens and
he has been delivered to the proper
authorities there.
He was staying on a farm when
apprehended.
' < Jr : .w" NHPHK
1!
, APRIL 13, 1922.
TISEMENT MADE |
F MILLIONAIRES !
-? ' i
*
?{(
iblc man who had personal knowl- *
%
n the North, consisting of husband ^
iev were verv poor. The man had *
sk
it some ri^lits to manufacture a *
?
capital to make up a lot of $30 ?
,nd the son, who was growing up, J
r miles away and sell it out, always *
$30 with which to produce another *
*
w
l,.wl A ' C - ?-' " " ^
uuvi uifUl it 'Ut OI 1110 1116(11
ome with the $30, he went into 1 he ^
what it would cost him to run an
ion of the paper. Looking at the sjc
editor told him that he was sure
buy .any space on that page. The ^
r an advertisement worth nothing *
>uld give all the money he had in *
30. The editor was amused at the %
the $30 he should have the space ^
the way home, taking with him a *
vertisement, hut having no money. *
him and be,at him up for throwing *
id it. ^
turning point in the lives of that *
s of a week they received a letter *
en the advertisement, asking what *
*!*
product in 100 gross lots and they jj.
would pay their price for it. This ^
who loaned them monev on the *
sk
it everv member of that family is *
he surprised to know this family *
by them in another state. *
^ -x- * -x- -x- -X-* -x- * -x- * * * -x- * -x- -x- -xSHERIFF
GOES
AFTER HIS MAN
Cook Agrees to Come Back to
State Without Rennicitirm
vjUlvJI IIV/I I
HE IS ALLOWED BAIL
Case Will Result in Court Trial
Defendant Claiming Just
Causes Under Statute
Sheriff J. A. Lewis left Conway for
St. Augustine, Fla., last week to bring
back to this state R. C. Cook, who is
charged with non-support by his wife,
Annie Cook.
Cook was arrested an advices from
authorities here in the Florida city
on March 22. Steps were taken to
obtain a requisition and in the meantime
Cook was held <by the officers
there awaiting the action of the officers
about the requisition.
Last week the sheriff received a
telegram from E. N. Calhoun, who is
in that section of Florida, stating
; that Cook would come with the sheriff
without the formality of requisition.
There is always some delay about
obtaining a requisition and it is never
(lone where the persons will agree to
come from the other state without it.
The facts in regard to this charge
against Cook were published in a recent
issue of the Herald. The law
was also mentioned which makes it
a misdemeanor for a man to fail to
support his wife or children without
a just cause or excuse, and even when
convicted the statute allo.vs him to
file a bond conditioned for the maintenance
of the family.
The friends of Cook claim that at
the trial of his case it will be shown
I that he had a just cause for his
action in leaving the state and failing
to provide the support for his wife.
The sheriff returned with the defendant
the latter nart of the week
and bond for Cook was arranged by
friends at Jordanville, the former
, home of the defendant.
From reports the married life of
the parties had setbacks from the
first as Cook w,as called away to the
army soon after he had married Miss
Capps.
It was after his return from the
army that the troubles arose which
finally resulted in the separation of
the couple.
Roth sides in the case have friends
in the Jordanville section of the
cuunty,
CONWAYITE IS
REAPPOINTED
Robert B. Scarborough of Conway
was yesterday reappointed a member
of the board of regents for the state
hospital. Mr. Scarborough's term expired
in March of this year. He has
been a member of the board for a
number of years and has serve*) faithfully.
The reappointment watf made
by the governor.?The State.
Hon. R. B. Scarborough has been
one of the most useful men ever appointed
on this important board. It
is very fitting that the governor of
the state should reappoint him on the
board as shown by the foregoing clipping
from a recent issue of the Columbia
State.
t TV
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vail
CREDITORS ABE
ASKING RELIEF
Suit Brought to Set Aside Deed
Made in January
1921
SEVERAL SUITS PENDING
Account Due the Harrelson Bell
Company is Brought Into
This New Case
A suit has been filer! in the court
of common pleas by Bank of Loris,
Baugh & Sons Company and S. M.
Allen, as assignee of the HarrelsonBell
Company, for the purpose of attacking
a deed which was made in
January, 1921, from the defendant,)
Mrs. Olympas Lee to her six or seven
children, giving them a fee simple estate.
subject to life estate reserved to
herself, in consideration of the sum
of $1.00, as expressed in the deed, and
love and affection. As it appears
from the record that this deed covered
practically all of the real estate owned
by Mrs. Lee, and according to the
complaint, she was at that time indebted
to the Harrelson-Bell Company
for something over $500 on book account,
also a note that was held by
Baugh & Sons Company by transfer
from G. W. Graham and R. E. L. Graham
for fertilizers sold to Mrs. Lee,
and that she was indebted on various
other debts and mortgages as the
complaint alleges; and goes on to allege
that this deed above mentioned
was intended to hinder and delay
those creditors in collecting their
claims.
According to the papers in the suit
another action was brought by Mrs.
Lee and her daughter, Mrs. Mamie E.
Strickland, against the other children
for the purpose of having this same
land sold for division among these
children to whom it had been conveyed
in January, 1021. The complaint
asks for an injunction against further
procedings in the partition case and
enjoins various defendants from pushing
their claims except under the suit
brought by the three plaintiffs to set
aside the deed. A temporary restraining
order was granted by Judge T. S.
Sease early last week enjoining the
several defendants from pushing their
claims against Mrs. Lee in the meantime
and enjoining further proceedings
in the partition suit. The summons
and complaint and order of injunction
were served on the defendants
sometime last week, according
to returns made by H. N. Sessions,
deputy sheriff., f From all of this it
appears that matters have grown
somewhat complicated by reason of
the filing of this action and several
others that are now pending, .and it
may take up a lot of time in the
court to dispose of the litigation.
The Harrelson-Bell Company is the
same concern that conducted a general
mercantile establishment in Loris
up to about the beginning of 1:)21,
when creditors pushed them and they
were compelled to make an assign-1
ment for the benefit of creditors. S.
M. Allen was appointed as assignee
and J. M. Dusenbury as agent of
creditors. They brought suit on the
accounts they found on the books
against Mrs. Lee, a part of it being
an account for goods advanced to N.
R. Britt upon the credit of Mrs. i.ee
" hile Britt was a tenant on one of
her farms.
o
STATU VS. LEWIS
The press is not the' proper place
to test the guilt of a person under
our law and I have refrained from
making any effort to write for publication
any of the facts leading to
the death of my boy. Yet, after a
jury of twelve men have spoken, and
a verdict announced and the sentence
of the law pronounced and put into
execution, it would appear that this
matter must not sleep.
Memory Booth is in an untimely
grave. Nathan Lewis, by his own admissions,
killed him. By his own
testimony, not in self-defense, but
"because he (Booth) would not let
me (Lewis) alone." or "loose me."
The jury tried him under the law
and his reason was, under the law, no
reason. They found him guilty because
they did not wish to stulify
themselves with a verdict of "not
guilty."
It is passing strange to me that
The Herald will one week condemn
jurors for their failure to enforce the
law and the next week question them
when they write a verdict of guilty.
Could it be that The Herald is prompted
in its publicity in this matter by
reason 'of a personal interest rather
than the welfare of the public?
T. W. BOOTH
o
RKFUSES ORDER
An order requiring the county board
of education to show cause why a
writ of mandamus should not issue
requiring tne ordering 01 an eiecuon
to vote on the school tax in district
No. 48, at Horry, S. C., was heard
here last Friday And refused, on the
ground of want of jurisdiction.
o
NEW TRIAL REFUSED
A motion for a new trial in the case
; of D. C. Johnson against W. A. Stilley
was made before Judge Sease late
last week and the motion refused.
The jury had found a verdict for the
plaintiff for the sum of $450 as the
result of an automobile accident.
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NO. 52
STOLL FAVORS
FARMER BILLS
States His Position ori Number
of Things to Be Done
in Congress
WRITES TO ENTERPRISE
Has Given Attention to Ways
and Means of Assisting
Farming as Business
April 5. 1022.
Mr. Roy Swindelle, Editor,
The Timmonsville Enterprise,
Timnionsville, S. C.
T"\ -
wear ?\n;. JSwindelle:
In reply to your letter of the 3rd
instant, I beg to advise that 1 shall
be a candidate in the primary this
summer to succeed myself.
During the short time I have been
in Congress 1 have given a ^reat deal
of thought and attention to possible
. ways and means of assisting the farmers
in making their business profit.
able, and 1 want to return to Congress
in order to push this work.
On the 7th of March I made a
speech in the House on "Some Problems
of the Farmer," in which I discussed
certain remedial legislation
that should he enacted. 1 believe
that Congress can by legislation help
the farmers very materially in the
following particulars:
First. Assist them in regulating
production so as to keep within the
well-defined rules of supply and demand,
by furnishing them through
Federal agencies accurate information
as to the supply of every known farm
product at the time of planting and
1 lio nvAUoKln J ?A
...v k.v?..uiu vic11iniii.i iii me time of
harvest, with /in estimate of tlie acreage
necessary to produce a reasonable
supply.
Second. Assist the farmers in reducing
the cost of production by Federal
aid in irrigating arid areas and
draining moist lands, thereby making
possible to a reasonable certainty the
yield formers may expect on acreage
planted and reduce to a minimum the
loss now incident to too much or too
little moisture.
Third. Continued assistance to the
states in building good roads, thereby
aiding the farmer in getting to the
local market and shipping point his
produce with the least possible delay
and at the smallest expense.
Fourth. Necessary legislation to
provide a system of inland waterways
that will make available all
navigable inland waters for purposes
of transportation by means of light
draft boats and thereby reduce freight
rates.
Fifth. Regulation of railroad
freight rates so as to guarantee fair
rates to the shipper.
Sixth. Necessary legislation to
provide loans for financing farmers'
co-operative marketing associations,
thereby making it possible for the individual
farmer to operate in harmony
with his fellow farmers in marketing
his produce on a business basis that
will give him a fair profit on what
his farm produces.
To this 1 may add that I am earnestly
supporting the scheme of making
tlie government nitrate plants at
Muscle Sroals, Ala., great fertilizer
plants, so as to give the former cheap
fertilizers. This matter is now be
fore the Military Affairs Committee,
of which I am a member.
I shall make the race for re-election
on my record and platform as outlined,
and will submit same to the
people with confidence.
Sincerely vours,
P. H. STOLL
MARION MAN IS
DECLARED LEPER
Richmond, Va.?William M. Skipper,
27, who was brought here from
Marion, S. C., for examination, has
been found infected with leprosy, according
to the city bureau of health.
He has a wife and one child living: in
East Marion, S. C. Aid of the Federal
Government will be sought to
have him removed from this city.
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| THE TOWN I
1 DEMANDS 3RD ii
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^ The Herald understands that
H? the town of Conway will go in st
^ with the Government in divld- n
;? ing up the cost of paving Third \\
J avenue, also Main street, when j[
* hoth these main arteries of traf%
fie are parts of the national and : t
$ state highway system. ] \
* If Fourth avenue is used the ] j
* town will not and should not >'
* consider paving Third avenue j?
J as this improvement certainly ] \
j belongs to Third avenue. j
he Here is one great reason why j ?
S Third should be used instead of \ \
JjJ Fourth. Progress and improve- \ \ J*
ment here would demand the u
* use of the main arteries of bu?i- I
| ness for Wad of work. X
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