The Horry herald. (Conway, S.C.) 1886-1923, May 25, 1922, Image 1
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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