University of South Carolina Libraries
V > j % / * J \ / > J - ;".. i VOLUME XXXvn GASTON PAGE APPEALS CASE * Among Those Intended to Be Argued by Attorneys Last Week LANDLORD AND TENANT Facts of the Dispute Over a Crop Stated in Printed Arguments of Counsel One of the cases which was to have been argued in the supreme court of South Carolina last week was that of J. F. Hard wick, plaintiff, against Gaston W. Page. The case was continued till October. The case was tried herd before H on. R. W. Memmenger as presiding judge at one of the terms of the court of common pleas in 1921, and resulted in a verdict against the defendant for the sum of $125. It was from this verdict and judgment that the defendant appealed to the supreme court. The case is explained in the statement as printed in one of the briefs of the attorneys engaged in the argument in the supreme court as follows: "The plaintiff in this action, a farm laborer, unable to read or write, brings suit against his landlord, the defendant, for $125, which lie alleges is the value of certain crops raised by him on the lands of the defendantappellant during the year 11)17 under a verbal share-crop agreement. There is no dispute as to the trade except that the plaintiff-respondent contends that he traded for a period of eight months, while the defendant-appellant contends in testimony, hut not in his answer, that the contract of service was for the year?both admitting that when not otherwise engaged in tho working of his own crop, the 6 plaintiff was to work for the defendant on his (the defendant's) farm at (50 cents per day. "It is also admitted that without disagreement the crops contemplated by the agreement were planted and properly harvested by the plaintiff until after the tobacco crop was sold, the proceeds thereof divided amicably, and all debts owing by the sharecropper to his landlord had been paid out of the proceeds of the tobacco. At that time after the fodder on plaintiff's crop had been pulled, but before ( t_he fofn h.'nl been harvested, a dispute arose between the parties over cotton picking, and the plaintiff-sharecropper went elsewhere to pick cotton. claiming he did so only after he had refused his landlord's offered modification of hi* wage contract, and his landlord had told him to go elsewhere if he could get more than he Cwiild Rive him. It was while thus engaged in cotton picking elsewhere tlm/. the defendant-landlord gathered the share-croppers corn, put it in his })jun. and fed it away, claiming that the plaintiff had refused to help him gather it as per contract, and that therefore he was not entitled to have a division. "The refusal of tho landlord upon request to deliver the corn to the plaintiff gave rise to the .suit for recovery of the value thereof. The corn was attached but the defendant \ replevied. By his answer the defendant interposed only a general denial." Gaston W. Page is a wealthy farmer of Gallivant's Ferry, working extensive lands and controlling a number of tenants and share-croppers. As the points involved in this case concern so many of the farmers of the county as well as those who plant crops on shares, the decision of the court of highest resort on the questions involved will be.awaited with interest. PLANS MAKING ON RIVER TRIP The Chamber of Commerce was to have met last Friday evening at the "hall for the purpose of receiving reports from the general committee on arrangements for the meeting of the State Press Association, and this general committee expected to have reports from a number of sub-committees appointed by them to look after the various things that must be done in regard to this. Owing to the heavy rain that fell last Friday the meeting of the Chamber of Commerce was not held arid nothing further was done by the general committee in regard to the ar| rangements. The sub-committees, however, appointed by the general committee, have been going ahead perfecting their plans. The branch committee /in fvnncnnvfntiftn. of wiiicn \V. ) Stilley is chairman,, received a loiter Into last week from the' at?ent of the steamboat line running between Conway and Georgetown, offering to furnish the Comanche on June 21 for the purpose of taking a number of 11'embers of the association to Peachtree and* that the boat cou'd be had foi the sum of $30. It is almost certain that this offer will be accepted and the steamboat will remain in Conway on that day until time to T 4 take the trip down "he river. I ^ 7hr S I 4J1LIL I TWO ARE Sf:NTENCED TO DIE \ Three Men Convicted of Murder of John C, Arnette Columbia. ? With expressionless faces F. M. Jeffords, Ira Harrison and Glenn Treece, convicted here of the murder of John C. Arnette on the night of May (J, h&ard their sentences pronounced by Presiding" Judge W. H. Townsend, the two former to die at the state penitentiary by electrocution on June 15 and the latter to serve the remainder of his life behind prison walls. Treece was recommended to the mercy of the court. There was absolutely no demonstration in the crowded courtroom as the jury filed in with the verdict after it had been out, three hours and nineteen minutes. The prisoners were placed in the dock with a heavy cordon of officers around them, and Judge Townsend cautioned the audience that none would be allowed to leave until arter 1410, court and completed its business. All doors were then closed. The three men were sentenced at 0:30 o'clock. There was no noise to break the calm judicial pronouncements of the judge except the audible sobbing of some of the women relatives of the condemned men. As sentence was pronounced they were taken to the state penitentiary, two to be placed in death cells and the other, Treece, to labor out the long years of his life in custody. The trial went into its fifth day. It was coupled with the arguments of attorneys for Treece and Jeffords and the closing argument of Solicitor Spigener. The jury w&s then allowed to go to its meal. On its return the charge of Judge Town.send was delivered and the indictment was handed down to' the jury at 2:56 on Saturday afternoon. On the night of May G the dead body of J. C. Arnette, joint proprietor with F. M. Jeffords, was found in a partly overturned automobile in a lonely dell at Colonial Heights, a suburb of Columbia, with his head crushed. The theory of the case as developed by the state was that the deed was due to a conspiracy between Jeffords and two employes of the filling station, Ira Harrison and Glenn Treece, for the purpose of obtaining $4,000 in partnership insurance, through which complete interest in the business could be bought by the tin no. It was contended that tho tliroo men had a conference two weeks before the commission of the deed was decided 011 its methods. The idea was to entice Arnette into the rear of the filling station, slay him. take him to a high viaduct, dump tho automobile containing: the dead body, thereby simulating* accident. Two attempts o murder Arne'te previously had born made, contended the state on t wo nights previous to the actual commission. It was contended that- Treece watched while Jeffords and Harrison slunk in the rear of the filling station awaiting the proprietor. When lie came back he w/is hit on the head with a stick by Harrison, but not felled; then Jeffords threw Arnette, choking him into insensibility. Both men then took Arnette between two automobiles, Jeffords crushing his head into a pulp with an automobile axle, it was charged. Arnette's body was then thrown, into the front seat of his own car, Harrison getting beside it and Treece climbing into the rear. The car was then driven to the point designated in the conspiracy, but the presence of two street cars prevented its propulsion over the bank. Tt was then, with Treece out of the car, taken to the spot where found. The state then contended that the car was rolled slowly down a steep declivity by Harrison, in the endeavor of overturning it, making th<5 crime appear as a natural accident. The three men then joined, Jeffords and Harrison later going back to the filling station, setting itvifire in an effort to destroy evidences of a struggle in the rear of it. The fire was discovered in time to prevent destruction of the buildings. The three men were arrested shortly after the commission of the crime and Harrison confessed to the police. The case has created decided interest in Columbia and vicinity, and not in recent criminal history have such crowds thronged the Richland county courthouse. According to the best obtainable information there will be no appeal from the verdict. oniYXshort stop in marion The Chamber of Commerce of 'Marion, S. C., has shown great interest in the visit of the American Press Association at Myrtle Beach on June 2! ?* n %t i _ to &i. Ttie town oi lvi irion is anxious to pet what it can by way of advertising by reason of the fact that it is now understood that the visitors will stop a few minutes at Marion and he conveyed by automobiles from that point to Conway. o We have always had a good, clean town at Conway and we mean that we shall continue in the same old ruts so far as this is concerned. i\mx CONWAY, S. 0., THURSDAY COURT PROCEEDS FOR CRIMINALS Solicitor Gasque Swears Many Witnesses for Grand Jury Investigation MANY ALREADY DOCKETED Court Week Crowd Not so Lar^e 011 Account of Busy Season With Farmers The court of general sessions convened last Monday morning' with Judge S. W. G. Shi pp presiding. The first business was the swearof witnesses for the grand jury. Solicitor L. M. Gasque went ahead with this with his usual promptness and dispatch. A large number of indictments awaited action this time, most of these having been sent up from the various magistrate courts of the county. The crowd visiting: Conway on Monday morning was not as large as it was at the February term. This was owing, no doubt, to the busy crop season having come on. There was a rain on Monday morning and this made the roads soft and heavy in the vicinity of Conway. After the calling and swearing of many witnesses for the grand jury the court proceeded to charge the body as to its duties and as to the various charges of violation of the laws. There was a number of cases of violation of the prohibition laws sent in to the grand jury. The charge of the court was limited to the indictments presented and no time taken up as to the general duties of the body, as that had been done already at the last term, the first term of the year, when the duties were first undertaken. The docket of laid over cases was then called: State vs. W. P. Hardwick was continued. State vs. W. Fred Jones was continued. ^ State vs. J. M. Tindall lain over. State vs. Jones and Hooks was continued . State vs. Ben Hickman was continued. % State vs. Vance Ward was left open. State vs. Gurly Stevens was noil prossed. State vs. W. C. Floyd, continued. State vs. N. W. Roberts et al was ended by taking an order. , Adolpbus Small was indicted for assault with intent to ravish, and this had been laid over from the last term, (Continued on Local Page) TRUSTEES GIVE morris njioniT A ^ J* ^ A JL The meeting at Aynor on May 15 of tlie board of trustees of the Horry Industrial School, located at Aynor and. operated by the South Carolina Methodist conference, was one of great interest to tho entire state. At this meeting the work of the past year was gone over and many important matters /attended to, chief among them election of a president to succeed Tie v. S. C. Morris, whose resignation had been handed in. After accepting the resignation of Rev. Morris with regret, the board went into the election of a president and Prof. Julian Brown of Florence county was elected. Prof. Brown is a graduate of WofTord and University of South Carolina. He has had several years' experience in the schools of this state and Virginia and comes to his newwork with high recommendations. In accepting the resignation of Rev. Morris the board expressed its sincere appreciation of the splendid work he has done, and the following resolution ofTered by F. F. Covington, and seconded by J. D. Montgomery, S. P. Watson and others, was unanimously adopted: Where,as, at a meeting of the board of trustees of the Horrv Industrial School, held on April 2f>, 1022, Rev. S. C. Morris who, since 191G has been president of the school, tendered his resignation as such and same was accepted. Now, Therefore lie It Resolved, that the board places on record its high appreciation of the noble and self ? ill .. P T)..rt sacrificing en oris ana ianor 01 i?m>. Morris in behalf of tho school since lie lias been its president. The board well understands and appreciates that what the school is today is due largely to his efforts. He took charge at a time when it was struggling for existence; he has faithfully stood by it. and given his time and energy for the upbuilding and advancement of (lie school, with a faith and optimism that is rarely equaled. His task has l)eon a heavy one, yet, he has never shirked responsibility or grown weary /V r K \ir/\t?1^ Ill I I I ? \ J I I\ ? Under the most adverse conditions he lias kept the school alive and carried on his building operations, hoping1 all things, believing all things and enduring all things. His retirement will be a distinct loss to the school. We bespeak for him success and prosperity in his high calling of the ministry or in any other enterprise in which, he may engage. May every blessing rest upon him and his. 1 IP MAY 25, 1922 i COOPER IS OUT, i HARVEY NOW IN Cooper Resigns to Take up Duties on Federal Board HARVEY MAKES STATEMENT ___ / Appeals to Thoughtful Men and Women to Aid Him in Spirit and in Deed Governor Hubert A. Cooper was recently appointed to the Federal Farm Loan Board, and Last week he resigned as Governor of the state so that the Lieutenant Governor had to be sworn in to take his place. Lieutenant Governor Wilson Godfrey Harvey of Charleston took the oath of ... f ? o. ? ".nv( ?j> vjuvernor or SOUCII Larolma at 12:03 o'clock last Saturday. The exercises surrounding the induction of the Executive were characterized by simplicity. The oath was administered by Chief Justice Eugene B. Gary on the rostrum of the supreme court, and Governor Harvey intoned the response* in a distinct voice. On the rostrum were the retiring Governor, who had his little son Robert seated in his lap;Associate Justice Thomas P. Cothran and Secretary of State William Banks Dove. On being sworn the new Governor, the sixty-seventh in succession of the state, pleaded for the co-oporation of the people of state and gave ii hijfh note of praise to his predecessor for his successful pilotage of the state. Preparations for the induction of Governor Harvey were complete. Early that morning the attaches of the Governor's office, Roy Wat kins, private secretary; Miss Yarborough and Mrs. Cullen, made it a bower of flowering plants. The procession, composed of Governor Cooper and Governor Harvey, and constitutional state officers met at the executive offices shortly before noon, and then marched to the supreme court chamber. The chamber was comfortably filled, a large number of handsomely dressed women lending color to the scone. Among those who witnessed the inr] i i/tf t ^ ^1 ?cie uiree lormer governors of tlic state, D. C. Hey ward, Richard 1. Manning1 and Cole L. Blease, all of Columbia, and one Ex-Lieutenant Governor, Andrew J. Bethea of Columbia. Columbia's official life way represented by Mayor William A. Coleman. Other distinguished men and women were there. When the ollicia 1 party reached the rostrum, Secretary of State Dove, in 1 his capacity of keeper of the records of Nie state, announced that he held in his hand the resignation of Governor Robert A. Cooper. The new Governor made the following statement: "The resignation of the Hon. Robert A. Cooper as Governor of the state to accept membership on the Federal Loan Hoard, offered to him by the President of the United States, devolves upon the Lieutenant Govei^ nor the duties and responsibilities incident to the office of Governor, and I iHive therefore this day assumed the obligations as constitutionally provided. "Entering upon their discharge, I am mindful of the fact that the usual antagonisms resulting from conflicting political differences are not now swaying the.public mind, and that at this particular period there prevails a general spirit of political peace and harmony. "It is a source of gratification to me that evidences have not been wanting that my assumption of the duties is with the general approval of my fellow citizens, irrespective of class, creed and political affiliations, and with this feeling* 1 enter upon my official duties determined that to the best of my ability there shall lie a strict and impartial discharge of my responsibilities, special favors being shown to none .and justice to each and every one. "I feel that 1 voice the overwhelming sentiment of this state when f bear tribute at this time to the unsvververing fidelity, the incorruptible integrity and the safe and sane discharge of official duties on the part of Governor Robert A. ?ooper. "The -conditions which h.ave confronted our people for the past several months and the outlook of the present day, unprecedented in the annals of our state, call upon our citizenship for level-headed, temperate, careful and patriotic thought an.I ef I'ort. In these distressing business difficulties, touching every avenue of endeavor, there is a demand for a unity of purpose, free from dissension and unwarped by personal antagonisms or intensity of feeling. "The leaders of thought in our state, whether they represent professional, business, agricultural, labor or other lines, should have as their single purpose the alleviation of hampering or restricting conditions, the restoration of business confidences and the resuming of the normal conditions of the past. Strife and animosity among the people will only add to present misfortunes. Woes will not be lessened by dissention. Happiness cannot he attained by discontinued on Editorial Page) raid. HOTEL FIRE IS QUICK PUT OUT Prompt Action on Part of Those Present Saved Damages JLast week there was an alarm of fire turned in from Hotel Grace. By the time the department not there the fire had been nearly extinguished by the etVorts of those who were there, and the fire proved to have started in a lot of waste jviper that had accumulated in a closet not often used. The hotel was not damaged, but the result would have been bad if prompt steps had not been taken to extinguish the flames as quickly as was done. This teaches a lesson. Accumulations of inflammable materials is the ever-ready fire trap into which a boy may fling the stub of a cigarette, or in which a bottle of hootch may be hidden, i nlvj to be set on fire later, when the owner comes back in the dark and lays down his cigar while he drinks. Think of these things. Thrt ino... ? - - ...v m^uiaiivc L-mnpanies arc always insisting on the cleaning* out of all such traps that are laid in the course of years sometimes. The insurance companies are right. As the time is approaching when the members of the State Press Association will pass through Conway on their w.ay to hold their annual meeting at Myrtle Beach, it is a good time now to begin a thorough cleaning up of all premises in the town. Have the waste paper and other waste materials hauled away to some place where it cannot be seen. Make the town look ele.an and good to every editorial eye that surveys it and they will go back home and sing a song in their papers that will profit Conway a whole lot in dollars and cents and free advertising, don't forget that. The fire of last week brings to mind another thing* that should be mentioned. The fire wards and the manner of ringing them should be published in the papers every two weeks, at least once a month. The members of the fire department doubtless never need such a thing as the frequent publication of the signals, butt the general public does need it. With the opportunity the people generally will become familiar with those and be able to tell where a fire is. The other night when the alarm was given many people, ready to help in putting- out the fire, went to the wrong pVicc. ' It is possible to have this in much better shape by teaching the people how to tell the ward where the fire is located and thus save time in getting to it and aiding. DEEP CHANNEL TO IlEI) BLUFF ~ c i in- vuini,! * v /11.1111 it'i (.11 v <>i11 iiit*ret; is making an effort to interest Congressman Philip H. Stoll in having the dredging of the Waccamaw River for a four-foot channel from Red HI 11 (V to Pireway authorized as ;\ project l>v Congress. IVJ,r. Stoll has written tlie Chamber of Commerce that he is very much interested in this project and that he and Congressman Lyons, who represents the North Carolina district adjoining Horry county, phai to introduce legislation to that end. Some weeks ago the Chamber of Commerce received a letter from Major (i. R. Young, district engineer of Charleston in which he stated that while he could have snags removed from the river he was not authorized to do any drbdging work until that work had been approved as a project by Congress. Following receipt of this letter from Major Young, the Chamber of Commerce took the matter up with Mr. Stoll. It is not expected that anything can be done in the ne/ir future, but it is hoped that by interesting the proper authorities now. something may be accomplished later. - ' ? r M j 11 n I 1 ^ . The letter from Mr. ^loii ioihiwm "1 am in receipt of your letter of the Oth instant, with inclosures and am very much interested in what you have to say relative to the improvement of Waccamaw River. I have had several conferences with Congressman Lyons of North Carolina, who represents the adjoining district, and we have discussed possible legislation to bring about the results you desire. "As you know, very little has been done in the past eight years for river and harbor improvement and it is doubtful if this Congress will do anything along this line. However. 1 shall at once confer with those who have this nvit'er in charge and will gladly do all in my power to get something done for the Waccamaw River. "I expect to he in Conway in the near future and will avail myself of " ii* the opportunity oi caning on you while there, and wo can then discuss tliis matter further." o Conway is hound to grow and keep growing. There is no use in holding money hack from investment here, it is the host place in the world to put money out. o The business here is greater than some business men will admit that it is. They are doing the town an injustice when they refuse to tell it. from the housetops. n67~C BELL-THOMPSON LAND DISPUTES Appeal Made by Attorneys to Supreme Court but Was Continued BELL WON ON CIRCUIT Attorneys Contend Over Meaning of Receipt Given at The Inception of Land Trade One of the case- under appeal to tlie supreme court and which was to have been argued before the judges ast week in Columbia, is the case of O. J. Bell, plaintiff, against M. E. Thompson and Carrie E. Thompson. The case had to be continued until the October term. The plaintiff is represented by Robert B. Scarborough. Norton & Baker and Sherwood & McMillan. W\ F. Stackhouse and H. H. Woodward represent the defendants. The action was brought on February 1, 1920, the date of the summons and complaint, and it was heard without a jury before Judge R. \V. Memmonger here in Conwv.iy at one of the :erms of the court of common pleas in The action was brought for the purpose of enforcing the alleged conract for the sale of certain lands from Thompson to Bell, and for tho incidental relief of removing certain clouds from the title, etc. The lands concerned are located at Warn pee, S. C., where both of the parties have lived for the past many years and have been engaiivd in business. Many witnesses were called to testify before Judge Memmenjjer concerning the location of two tracts of land, one known as the J. V. Jones place, the other as the Jake Floyd place, both of these having been lands purchased by Mark Thompson from two different former owners, J. Y. Jones and J. K. Floyd, respectively. The witnesses consisted mostly of friends and neighbors of each of the two contending sides. The case at the trial here took about two days to dispose of. Judge Memmenger found the case in favor of the plaintiff and the defendants appealed to the supreme court of the N state, and it was on a number of exceptions that the case was argued last Thursday in Columbia. "The plaintiff based his action upon a receipt as being the evidence of his contract for the purchase of the land, reading as follows: "Received from O. J. Hell ?20 on my home place at Warn pee, S. C., balance $(>,J)S0.00 to be paid on delivery of title to said property within ten days from date. This sale includes the old store lot. 1 am to retain and use the buildings until Januarv 1, 1921. M. R THOMPSON." The answer of the defendants denied the allegations of the complaint and alleged in substance that they sold to the plaintiff the twenty-five (25) acre tract only known as the J. V. Jones land, on which tract the defendant, M. B. Thompson, had his home, and that I,he contract of saie did not cover the tract of eighty-five (8f>) acres, more or less, known .as the Jake Floyd place, and that they had complied with the contract bv convoying to the plaintiff the Jones tract of twenty-five acres. The defendant, Carrie K. Thompson, answered and set up her claim of title to the Jake Floyd tract. The reason for making Mrs. Carrie K. Thompson, wife of M. B. Thompson, ;.i party in the case was because that as it turned out she had had a deed for the Jake Floyd place,for a number of years before this alleged ' deal between 0. J. Bell and her husband. It was testified by defendant that she objected to the sale of any of the land at Wain pee and wanted to keep even the J. V. Jones land as a home, although the family at that time resided in the town of Conway, where M. B. Thompson was engaged in business. The contention of the attorneys in the arguments was over the receipt and the meaning of the words, "home place" as contained in that receipt. The position of the attorneys for the defendant was that Mr. Thompson had two places at Warn pee, one 1 nown as the home place on which his house was erected and in which *?\a lived, known as Jic J. V. Joi <\pi?-of because lie bought this from Jones; and '.he other known as the Jake Floyd place, adjoining the home p:aci\ across tne road, and cancel the Floyd place because he bought this from Floyd. Land is not sold l?y word oi' mouth, but by written papers only. To make a binding: contract the same nuis* be in writing* if it concerns land either as to selling- it. placing a lien on )t, or contracting to buy <?r sell it; that the receipt limited tbo purchase to the J. V. Jones place. The attorneys for the plaintiff contended that the receipt covered all oi the land owned by Thompson at W.imp^ village comprehending the Jones place, and aiso the Jake Floyd place. The supreme court will pas* on this case in the usual .vay .and the decision" will not be known for some time. o???? We often fail to give credit where credit is due. We often have to admit this in our inmost souls. 0