The Horry herald. (Conway, S.C.) 1886-1923, December 28, 1922, Image 8
APPEALTAKEN
IN MULE SUIT
Magistrate Finds in Favor of
Thompson and
Green
GROUNDS "OF" DECISION
Appeal is Made on Several
Grounds Stated in
Notice Served
Magistrate Chestnut rendered his
decision in the case of A. C. Thompson
and Robert R. Green against M.
B. Thompson, last week, too late to
appear in the issue of that week with
the article written on the trial of the
ac tion.
His order finds against the defen
ti nt in uio following terms: #
"This i;> an action for ,% debt of
EigMy-five ($85.00) Dollars the
p'-lint:'!'allege in their complaint is
d o them by the defendant on account
of a purchase and sale of a mule.
Both :> \rties waived a jury and the
matter was heard before me at Conv,;y,
on December 14th, 1922. The
d ?fend%tit answered orally: 1st, den
ina: generally; 2nd, alleging a misvit.nde'*
of parties plaintiffs?that if.
' v '.ythi-v* was due on the mule it was |
<! 'e the plaintiff. A. C. Thompson, and j
tv? plaintiff Robert R. Green had no
interest in the debt sued on; 3rd a
counter-claim against the plaintiff A.
C Thompson for labor and work furnished
in the sum of ninety ($90.00)
Dollars.
rbe plaintiff demurred to the counts
r-c!a?m on two grounds: 1st, that
plaintiffs had not notice of same; and
t1 at it stated no defense because it
was against one of the plaintiffs and j
not against both and for that reason
under the code would not lie.
The defendant had a right to pMad
orally and when he stated his defense
on the call of the case and before testimony
was heard, in my opinion, he
followed the code. If the plaintiffs
were surprised their remedy was a
motion for a continuance. They made j
none. This ground was overruled.
The plaintiffs' second objection to
the counter-claim is sustained. My
conclusion as to this is based on both
9 Headaches r
Xl "I suffered with chronic IT
W constipation that would bring on M
kA very severe headaches/' says ^
ijn Mrs. Stephen H. Kincer, of [Y
R. F. D. 1, Cripple Creek, Va. ^
^ "I tried different medicines and %A
XI did not get relief. The head- [T
W aches became very frequent I
^ heard of
0 Thedford's C
BLACK-DRAUGHT
Ka and took it for a headache, and ^
i^FI the relief was very quick, and fx
m It was so long before I had M
ii another headache. Now I fust L
keep the Black-Draught, and TV
?U don t let myself get in that M
U condition.**
Thedford's Black - Draught \T
A (purely vegetable) has been w%
y found to relieve constipation,
J] and by stimulating the action of IT
M the liver, when it ft torpid, helps w%
y to drive many poisons out of |y
XI jour system. Biliousness. [T
wH tadigestion, Headache, and Mn
y similar troubles are often kj
Tl relieved in this way. It is the IT
P| natural way. Be natural I Try Wl
U Black-Draught.
Jy Sold everywhere. DC
1 k . jt
^p^Ppip55^5^?ji;?i|i(S|*i^M(?*w^^^*^
I
If you n
I the spring.
2t.
the pleadings and testimony. The
pleadings (Complaint) say that the
debt sued on is owned by the two
plaintiffs and the testimony establishes
that fact to my satisfaction by
the greater weight of the testimony.
Having disposed of the issues raised
by the pleadings irt the first instance,
it becomes my duty to pass on
the facts. Under the testimony it is
clear, not disputed, that a debt of
Eighty-five ($85.00) Dollars was created
at the time alleged in the complaint.
T am convinced that that debt
has not been paid and that it is still
due the plaintiffs by the defendant.
He testified that he purchased the
mule for the M. B. Thompson Company.
This fact he did not disclose
at the ti?;-?e of the purchase. He did
not disclose it at the time he had i.
lt?!k with the plaintiffs in reference
to it and did nov disclose it when letters
were written to him in reference
to it. The mule was charged to
the defendant and from the testanorty
no question was ever made of
this charge until date of the trial.
Now, in my opinion, by the greater
"/eight* of the testimony, under the
law. hp OWPSI tlio rlfht niwl ul'innl'l na"
v - - ?- ? V4IX/ xivvv w?iv* ki|i\; u Kl J/U ?
it.
T. therefore, find for the plaintiffs
Eightv-five ($S5.00) D.ollars and it is
so ordered.
Signed W. H. CHESTNUT. Magistrate.
Conway, S. C.,
December 18th 1922.
Since the filing of the ordev the defendant
has appealed from the judgment
of the magistrate setting up
reasons as will appear by the notice
on grounds of appeal:
To Sherwood & McMillan, attorneys
for plaintiffs, and to W. H.
Chestnut, Magistrate:
Take notice that the defendant
herein appeals to the Court of Common
Pleas in and for Horry County
from the judgment rendered herein
bv you, the said W. H. Chestnut,
Magistrate, under date of December
18th, 1022; upon the following stated
grounds and upon grounds which may
he hereafter served:
1. Upon the ground that the court
was in error in finding and holding
that the debt of $85.00 is due to the
olaintiffs by the defendant M. B.
Thompson, the fact appearing by the
preponderance of the testimony that
said debt, if any existed, is due by a
third partv. the M. B. Thompson Co..
a Corporation.
2. Upon the ground that the Magistrate
based his decision upon the
''act that he defe^d^nt M. B. Thompson
Co. did not disclose at the time
of the purchase that he bought the
'mile in nuestion for the M. B.
Thompson Co.. it appearing from the
"renter weight of the testimony and
evidence that the defendant traded to
he plaintiffs a mule which was the
property of said company and which
had been previously sold to the M. B.
Thompson Co. by the plaintiff, A. C.
('Thompson; and upon the irround that
the Magistrate based his decision upon
the failure of the defendant at the
time he had a talk with the plaintifT
in reference to it and did not disclose
St when later letters were written to
him about it,
3. Upon the ground that the Magis
trate's decision was based on the
fact that the plaintiffs had charged
the mule to the defendant M. B.
Thomnson and no niiPst.inn pvpv mnrl* i
of this charge until date of the trial,
whereas, it ADpears from the code
and the practice thereof that the defendant
did not have to disclose his
answer until the substance thereof
was entered upon the record of the
trial.
A. Upon the ground that the magistrate
committed error in finding the
case against the defendant when it
appeared from the testimony of the
plaintiff, A. C. Thompson, that he
knew the M. B. Thompson Company
existed as a company duly incorporated
and that he thought that M. 8.
Thompson and the corporation was
one and the same, or words to that
eflfect.
5. Upon the ground that the magistrate
erred in dismissing the defendant's
counter-claim upon tfcfc
grounds stated in his order, because
it appeared from the testimony that
A. C. Thompson traded the mule to
the defendant without disclosing the
fact that the mule owned by himself
nnd another as a partner, and therefore,
he could not make the defen^
We ha
fl and hors<
I in this week
" the best you
eed horses or i
JENKI
%
THE HORRY HERALD, CON
dant or any other person liable to all
third person who did not appear in '
any way concerned in the transac- |
tion. I
6. Upon the ground that the finding
of the magistrate is contrary to
the greater weight of the evidence
and the testimony given in said trial. 1 1
o jl
REVENUE AGENTS 11
FIND LIQUOR LINE I j
?. i1
New Orleans.?Intelligence agents 1
of the bureau of the internal revenue 1
wtyo have been conducting an investi- 1
gation into prohibition violations here
for sereval weeks have discovered a
new "rum pipe line" with headquarters
in New Orleans and branches in
seven states, it was learned today. ,
The "line," which is said to be operated
by a syndicate of bootleggers i
with regular schedule of shipments,!
has been in operation several months!
and has transported millions of dol-1
ars worth of liquor, federal agents
said. |
The new syndicate, it is charged,'
employs agents at a regular salary j
wno travel oetween JNew urleans ami j
branch stations scattered throughout!
Texas and centralized in other states
in Chicago, St. Louis, Kansas City.
Cincinnati, Memphis, Nashville and
Birmingham. Each agent, federal
agents said, pr>se as a traveling sales !
man and carries large "sample cases."
Reports arc on file here, they said,
of agents who engaged staterooms (
and traveled with as many as four
trunks, each containing from fifteen
to thirty cases of liquor.
c
11 II
| A Rule I
of Life
ii ii
THOUGH every day is a new beginning,
and so far as our personal
experience is concerned a
"new year" may start any time, there Is
something about the ending of December
and the first week or go of January
that makes even the careless
thoughtful. The passing year has
brought both Joy and sorrow?what
may not the next have In store?
Where shall we be when th? New Year
bells fall on our ears again? Who will
be with us? Shall we be ill or well?
Disquieting questions that disturb our
ease and make us Inclined to fear.
We have blundered sorely, It may be,
In the old year; some of its pages are
blurred with regret, or the sombre
stains of remorse. And no matter
what happiness may have been ours,
there Is always something we did or
loft undone which saddens us as we
remember. Shall we make the same
mistakes once more, leave the same
blotted record? Our hearts grow chill,
and we turn away, disheartened on the
New Year's threshold.
This Is quite the wrong spirit in
which to face the battle that lies before
us. It is right that we should
look back to gee where we failed, and
how. Hut this once recognized, with
our plea for forgiveness?a pica that
will never be refused If we are truly
sorry?we must lift up our hearts
again and set out to slay our enemies.
They are within us, not without. Inside
our citadel dwells that evil temper.
that pride, that indolence, that
greed or envy which tempts us to deaert
our colors?to think that the fight
Is hopeless. Kach of us has hi* own
special temptation, and, onre we realize
the form ours takes, the way lies
straight before us.
Tt's the fashion to srotle at New
Tear resolutions, so often made only
to be broken; but they are a definite
help if we make them flraaly intending
to keep them I They will only weaken
us If we throw them to a troublesome
conscience merely as a sop?something
to keep It quiet for the time, until It
goes to sleep again. Providing that
they be sufficiently elastic to change
their form when there Is reasonable
cause, rules fence In duties that might
ve 50 f?r
;s. Thirty i
from the West,
ever saw, all n:
miles, better bi
f
J:
NS & F
CO'KW'A v ?
B 4 .;' VI
iYt S. 0, DEO. 28, 1922
>e neglected and keep them in th?
V>fe front of our minds. But to multl>lv
rules Is a big mistake, for ther*
s one which, faithfully kept, will
nake us both blessing and blessed.
The Rule of Love. Just lorlng our
lelghbor as we love ourselves; serving
lira, trusting him, hoping for him.
Refraining even under grave provoca- >
Ion from saying what would sting if
>e said it to us; forgiving him as w?
rould be forgiven; considering him at
re would be considered; helping htm
vhen he needs It with the thoughtful
lellcacy which makes help acceptable
nstead of humbling; respecting his
weakness, his prejudice, his Infirmity;
aughlng with him Instead of at him;
ind, should there come a time when
ilncerlty demands, we should say what
wo know will not please him, taking
pare to blend truth with charity.
All the "little" rules we make for
ourselves -come Into line with this one.
The Rule of Order?oh, how many
New Years linve we not begun with
the resolution that we would not leave
our things about, nor lose them, nor
hide them away I For we cannot be
untidy all to ourselves any more than
we can be 111 tempered and not spoil
someone else's pleasure; and nothing
Is more upsetting to already wearied
brains than tli'? fuss and worry of
hunting for things which should be
ready to hand. The Rule of Punctiliousness
In little things, that famous
"oiler of the wheels of life," will make
us both polite and punctual, as we
mum i?t? ii we wouia dp peasant to
work with (judging other people's
preferences by our own!) The Rule
of Gettlng-Up-In-Time (this almost
deserves all capitals!) means, If kept,
a great deal more than our own convenience's,
since everything we do or
leave undone Is bound to react on our
neighbors.
And even If we often fall to keep,
even fitfully, the golden rule which
enjoins us t<\ love them as ourselves,
every effort we rwnlce In this direction
brings Its own reward, here and now.
As we grow Into the habit of thinking
of people kindly we cease to be annoyed
at their peculiarities, and create
an atmosphere of good feeling 1*
which they ceane to be annoyed at
ours. We must always remember that
the bearing and forbearing Is not
needed on our side alone?as Thomas
a Kempls said long ago, when we And
our neighbor difficult to put up with,
we may be aure that he finds It equally
difficult to put np wjjh us. There will
always be need fcr self-control and
patience; but when we reckon up gain
and loss on the eve of 1923, In the
measure we have kept the Rule of
Love, so (ine will outweigh the other.
"We turn and look upon the valley
of the past year." says Stopford
ltrooke. "Th*re below are the spots
stained by our evil and our fear. But
as wo look a glow of sunlight breaks
upon the past, and In the sunshine Is
a soft rain falling from heaven. It
washes away the stain, and frotn the
purity of the upper sky a voice seems
to descend and enter our sobered
hearts. 'My child, go forward, abiding
In faith, hope, and love, for lo, I' am
with you alway' . .
May the New Year bring us all near
each other as children of the samt
dear Father.?Exchansre.
NEW YEAR DEMANDS OUR BEST.
When people calmly tulle over their
trouble* there ure few of them that
cannot he adjusted satisfactorily. It's
this suspicion and hat* that block
progress. Let men learn the real nature
of their fellows and there will
be a change In their attitude toward
them. There's enough good In every
man to change the nature of the world.
Let's get busy and dig up the nobis
sentiments and hopes that are burled
beqe&th years of unfair thinking and
ctoe&p theories of living. The New
Tear demands the best we can pr*
dace.?Grit.
? o
Try an art monogram on your stationery
and have something different.
Remember that if you wish something;
that is better'than the ordinary,
you can get it at the Herald office.
0.
te mules
iresh mules
, fat and good,
IP^lir Iw/vlrA
iwijr mi uxict
ly now as they
???/
UCHAR
T>T1' : . NA
wmmmmmmmkmmtmmmmamitL a
?
*
y nil I TlllllII bumhj
A New
i Year's Song Sir
H . , i
?Hiitiiiiiiiiiiiiiinin!i
/ i
ON NEW TEAR'S EVE" In Bn*l*ndl. 1
All In the olden day, ,
The children went a-carollng*
All In the olden way;
And ever as they Journey'd onr
This chorus would you hear:
"God send you happy, God send youi .
happy.
Pray Ood send you a happy New Tearl"*
Across the fields and meadows
And through the frosty light,
While starry eyes and starry skles<
Illumed the wintry nlffht,
TTl? nhfldwin raral*4' hllfhalu ??
V?lr
In chorua aweet and clear: r
"God aend you happy, God send you
happy.
Pray Ood aand you a happy Now Tear!"'
Our daya are aadly modern,
Our waya are modern, too;
Dut hearta atlll beat aa high with lova
Aa once they uaed to doSo
take the old-time message,
Good friends, both far and near;
"Ood send you happy, God send you
happy.
Pray Ood aend you a happy New Yearl"
?Nora Archibald Smith.
i _
USES COFFINS
SECOND TIME
Atlanta, Ga.?South View Cemetery,
the big; negro burial ground of
Atlanta, has been the scene for a couple
of days which likens only to the 1
famous insurance scandal among negroes
around Charleston in 1806, when
empty coffins were buried by "the
Corpse Trust." In this instance,
though, the situation is reversed. Coffins
encasing bodies were buried and
ater dug up, the bodies being dumpad
back into the holes and covered up
ind the coffins sold to a local negro
undertaker to be used again.
Two negroes, two grave diggers and
the undertaker are in Fulton jail
awaiting grand jury action since Saturday,
on (he charge of robbing the
graves of this particular cemetery,
where the negro undertaker, Ware,
planted most of his dead patients. The
?Knv?rf? i? that h^ na^l the two grnve 1
diggers to unearth, the second night
following one of his funerals, the in- 1
turned remains. Each of the grave
diggers got $5 for each casket they
would thus steal and return to him.
Sunday negroes from far and near
went to the cemetery to "see about
things" around their particular dead
and today a number of them opened
rrr/ives of their relatives to look in.
Garden hoes were used; sometimes
pickaxes,' sometimes shovels, and
some of them used merely sticks to
riMoij into t1-?e on.rt.h to see if they
could "strike coffin." One of the first
graves opened, that of a woman named
Nancy Joy, had been robbed and
the bod>f put back into the earth. Two
more and then another were opened
and the coffins were found "O. K.,"
*hen came another grave in which the
body had been dumped back. The
peculiar feature of the day's work was
that in the fifth grave opened that of
Usi ~
C\ 111(111, l/IITT I. W 1 Kill IU4U IIUU UCCI1 vl I o v Vl I 1/
ed, but the dead negro in the grave
had been buried in Nancy's coffin, and
her relatives identified it. Ware has
been released on a. bond of $5,000.
There is this afternoon quite a strong
indignation expressed against him in
the negro settlements, and some of
them profess to fear serious developments
for Ware.
| Chas. M. I
I Manufacturer of ft
Buy directly and save !
Easy Terms or D
D. W. SMITH,
CHADBOI
#
\ I
will no doubt I
*
v'
nsnN
V
r t
*
./
>
I
MOTHERS' COURSE
CORRESPONDENCE >
Operations of South Carolina's correspondence
school of "Babyology" [
lrill be discussed in the annual report,
now being prepared for the Bureau of !
Child Hypriene of the State Department
of Health. This "Study-bymail"
method is being, conducted for
the benefit of the mothers of the
state.
Through this feature of the bu- i
renu's activities, which is cam para- 1
tive'y new, but nevertheless well es- i
tablished, every mother in the state
ean have the benefit of expert advice
in the care of her children. There
is no cost to the mother for any of
the service rendered.
Information pertaining to nursing
and general care of infants is given
by the bureau through Miss Ruth
Moore, a registered nurse. She answers
hundreds of inquiries every
month from anxious mothers who are
in doubt as to some par;icular phase #
or t.h** treatment to be given to their
children.
If the baby is ailing and the opinion
of a doctor is desired, the bureau is
prepared to furnish the advice of one
of the leading baby specialists of Columbia
without cost. This physician
is employed 011 a part time basis, but
' ?i^ medical knowledge and his skill
in the treatment of infantile diseases
are placed at the disposal of every
"W.h^r in the state who writes to the
bureau.
The bureau, u was stated, attompt^
to get an early start in assisting
young mothers to give their
babies proper .attention. In order to
anticipate needs the bureau has* taken
the initiative, says the report,
sending out pamphlets and leaflets
based on the latest discoveries in this
department of physicians' and nures*
work, as soon as registry of births
shows new arrivals. Approximately
1,000 new mothers receive this literature
each month. ' .
o
Shipments of grapes in 1922 from
the three leading grape-growing
States in the East-?New York, Michigan,
and Pennsylvania ? were j
double their average annual ship- |
ments, according to reports to the !
L*nI States Denartment -of Ar^ri
* " -*o-cu
iure. New York shipped 7,V%t
cars, compared with an average of
3,58-1 for the years 1917-1921; Michii^an
shipped 5,833 cars, compared
wi 'i :i?? aM'u.pe of 2,912; and Pennsylvania.
1,614, compared with 737.
Careful Watch
? Nothing pays quite so well ?
as keeping careful watch
I that the powers of re- I \
I sistance be not broken down. I
Scott's Emulsion
? of pure vitamine - bearing
I A-Jfr cod-liver oil is used R
| daily bv many grown | .
I#T?Hjr people as a means of I
aim! Keeping fit for the i
fl jlL bV d&ily task. Be sure *
| ancj asfc j/our drug- I
I gist for Scott's Emulsion ! 8
J^joott & Bovme, Bioomhclo, N. J
3tie?f, Inc. |
[igh Grade Pianos.
the middle-man's profit,
iscount for Cash.
Local Representative
JRN, N. C.
ll|23-3m e. o. w. : ;
>e high near
/