The Horry herald. (Conway, S.C.) 1886-1923, March 15, 1923, Image 1
J
I
I VOLUME xxxvn
I THOMAS BROWN
I GETS SENTENCE
J
Following Verdict of Guilty
of Simple Assault and
K (Battery
I CASE ' DRAWS" A CROWD
Pfv
Sentence of Thirty Days
i Without Alternative
of Fine
I
The case of criminal assault
brought against Thomas Brown, a
i young man of Marion County, brought
j; a crowd to the courtroom last ThursJ
day morning to hear the case. The
* crowd was not as large as the one
y, which gathered the day before to hear
\ the Albert Singleton trial.
K The defendant is a son of W. K.
Brown, who is now a resident of Mar'
ion County, but who formerly lived
'i in this county, near Gallivants Fer\
ry, where he was known as a progressive
and hard-working farmer.
\ The crime was alleged as having
4 been committed at or near Aynor, the
, home town of the prosecutrix, or near
\ that place, on September 26th, 1922.
.. It was while the criminal court was in
session last fall that the warrant was
served on the defendant and he was
{ brought here and lodged in jail at that
' time by officers. The defendant made
j bond and was at liberty until he enJ
tered the dock for his arraignment on
Thursday morning.
The defendant has a good face,
[rather inclined toward stubbornness,
mixed with strength of will. He was
dressed in a light suit with negligee
shirt and soft collar and flowing loose
tie, of knitted handiwork. He did not
show any signs of disturbance by reason
of the serious charges being
brought against him as he stood up
in the dock following his arraignment,
to decide on his acceptance or rejection
of the individual jurors as they
were presented at the dock.
His attorneys used about all of the
premptory challenges allowed hire by
the law before the panel was filled
n / I f V\ /\ 4-t?i n 1
Ir aim mc ti lai |ji wtccviuu.
The prosecutrix was in the court*
room, having a seat well in front,
I while the jury was being empanelled.
She is a young woman of exceptionalh
ly attractive manner and appearance.
I She was well dressed in a becoming
\ Tiat and coat. She made an intelli|
gent witness and stood the ordeal of
| cross examination pretty well.
She was the first witness. She lives
j with her father. She knew the deR
fendant about eight months. She saw
| him at a picnic at Aynor. She went
f. with him on that day. First met him
v near the barber shop. She introduce
I ed her friend to him and he introducP
ed her to a friend, who was with him
S by the name of Floyd. It was proI
posed that they go to ride. He asked
j, her to ride with him to scatter some
P sale papers. She agreed to this and
J went about three miles alone, until
they came to the end of an old road.
B She asked him to turn around. He
I turned up an old road. She asked
L him what he was doing this for, and
ft he said he wanted to go where he
I could kiss her and not be seen. She
[ refused and tried again to get him to
I, go back. He refused to do so and
I continued to make improper proposals
I to her and attempted to enforce his
I demands by the use of force, refusI
ing to let her leave the car where it
[ was stopped. She screamed once or
I twice and told the defendant she "hopI
ed to God someone would hear her."
I He forced her down on her knees and
| himself close to her face and she told
Bin detail of how she protected herself
I the best she could, and prevented him
I from accomplishing his purpose. He
looked on in court as her tale was
told on the witness stand. She ex1
plained how, after a time, she jumped
C out of the car and tried to run away,
V but that defendant ran after her and
[forced her up against the side of the
I car. She got back in the car, thinking
that she could protect herself better
in there than out, and sat there with
| her head down crying. He told her
[to "stop that," etc., and after a while
(he consented to drive back to Aynor.
I She got out of the car at Aynor and
went back home with another young
man.
K a- ?t.a
vii fiuo? UAaiiiiuauuii cApwaur
Hed that some men passed along: and
^Bshe made no call for aid because at
^ that time he had not attempted to do
^ anything except ask her to kiss him,
^Hwhich she refused to do; that he wait^Hed
until after the men had gone on
^Hout of sight and then he bit her on
^Bthe shoulder and forced her head back
^ and kissed) her; that he had said he
^Bcould do worse than kiss her or words
^ to that effect. When she got back
the car the defendant did not get in
^Huntil after he cranked the machine.
^KShe had got back in the car because
could do more in it than out on
^^fthc ground. At first she had decided
Hf! The leaven of time works in I1
H[ unexpected ways. It brings out "J
as most important things that J?
were looked upon as of no sig- [
Hj nificance; and this proves that JI
there is nothing which is com- !
Hr monplace. The smallest atom "I
forms a tie which binds together J*
a mighty structure.
(Tin
SEND LETTERS
WITHOUT NAME
Grand Jury Pestered by Unsigned
Notes , at The
Court
State of south Carolina,
county of horry.
Court of General Sessions March
Term 1923.
To His Honor W. H. Townsend, Presiding
Judge:
The Grand Jury make to you its
final report for the March term of
the Court of General Sessions.
i. We have received from the solicitor
during this term of court thirty-six
bills, which we have returned
to him without findings, there being
30 true bills, and six no bills.
II. We organized by electing Mr.
George M. Fowler foreman, who was
appointed by the court. We have also
appointed the following committees:
1. On public buildings?B. F. Singleton,
F. C. Todd, W. F. Hucks, and
W| L. Rhodes.
2. On schools?Geo, M. Fowler, C.
R. Page, J.W. Humphrey, S. C. Davis,
t rv n t t n ? ?
u. u. ouggs, j. j. ji.nzor, ana j. w.
Hughes.
3. On roads and bridges?J. W.
Marlow, F. H. Claridy, H. C. Gore,
Perley Doyle, J. D. Watson, L. D.
Claridy and W. J. Dorsey.
4. On county officers?G. H. Fowler,
W. F. Hucks, and S. C. Davis.
III. We have received at this term
a number of anonymous communications
concerning alleged crimes in
various communities. We have paid
no attention to these communications
and do not feel justified in presenting
any person without the good faith and
the probable facts are vouched for by
some member of the Grand Jury. We
desire that all local complaints of
crimes committed be made as fully as
possible to the magistrates of the
community in which the alleged
crimes are committed.
We recommend that the solicitor,
where possible to do so, have the presentation
for crimes which are made
by the Grand Jury, investigated by
magistrates in the vicinity of the
crimes .alleged; that the magistrates
do so under instructions to examine
all witnesses for the State, and to return
in writing the testimony taken
to the solicitor for his decision as to
the disposition of the charge.
IV. The members of' the Grand
Jury desire to recommend to the Road
Commissioner of the County, that
those liable for road duty be required
by the Road Commissioner and his
overseers to do their work on the public
highways during the spring and
summer or early fall, and not during
the late fall or winter.
Presentations.
We present Sadie McElvin and Talmage
Richardson for adultery. Witnesses:
Walter Bruton, Albert Todd,
Ida Todd, Clara Singleton, Walter
Capps, Homes Brown, John Capps,
Sr., Roxy Brown, Ola Brown, Alva
Todd, and W. L. Brown.
We present Martha Johnson for
keeping a bawdy house. Witnesses:
Walter Bruton, Albert Todd. Ida
Todd, Clara Singleton, Walter Capps,
Homer Brown, John Capps, Sr., and
W. L. Brown.
We wish to thank his honor the presiding
judge and the officers of this
court for the courtesies extended during
the term.
Respectfully submitted,
G. M. FOWLER, Foreman.
Conway, S. C., \
March 7th, 1923.
FARMER "PASSES
INT STTnnFN WAV
1 V/ JLJA 1 1 1 A. M. M.
? i
Eddie Graham, son of the late
Isaac Graham, of Bucks township,
and who was operating the farm of
J. D. Oliver, died suddenly last week
after being brought to Conway in the
hope that something could be done for
him.
Mr. Graham was plowing in the
field when he was seen to sit down on
the ground between the plow handles.
A neighbor went over to him to see
why he did not get up. Other members
of the family also came to him
and he was found to be in a serious
condition. He had taken off one of
his shoes and when an attempt was
made to replace the shoe, he shook
his head, showing that he could not
speak and that he had taken off his
shoe doubtless on account of pain in
the right foot.
The sick man never spoke again. He
was completely paralyzed. He did
not flinch when a pin was tried at any
place in his body. His case was pronounced
as hopeless by physicians
here and he died soon after being
taken back home.
He was struck with the fatal malady
on Wednesday of lh3t week. On
Thursday he was brought to Conway
in the hope of finding some relief for
him. On Friday, the day after he was
curneu uuck iiunie, ne pusseu rtway.
He was not an old man. He was
about in the prime of life. He was
known as an honest and industrious
farmer, having many friends among
the farmers of Bucks township.
to keep it a secret as she had not been
hurt otherwise than she had told, and
getting: her elbow and hip skinned and
bruised and one of her stockings torn.
On the next day her mother had heard
(Continued On Back Page.)
Sift
OONWAY, S. 0., THURSDAY^
*? "
| THE KEEPING OI
The matter of cleanliness
* door to Godliness, is nothing
* away from the bad.
t It can be expressed in ai
home the meaning we wish
7 il: ?1 ;-i
w xug apart ui tilings WI11CI1
J [ gether.
] [ Some of us are fine at all
; ed up. It takes activity, obs
- to prevent things not intern
!I It would not be correct t
JI of the unclean away from
earth is the foundation upc
< rests. It is therefore a n<
! thing, provided it is kept in
! t in this world it tends to spr
J J where it was not intended 1
j our faces even, and on our c
keep it off and away.
U We have seen hands and
J! had become a part of the 1
J [ deep that it could not be re
< It is one of the most ir
< keeping of things which do
! t ly apart.
THREE GUILTY
FOR RIOTING
Shot Up a Widow Woman's
House in The
Night
FLOYDS TOWNSHIP CASE|
Jim Gibson, Ossie Horn and
Emory Hayes All Involved
On Friday nigiu the court tried
Austin Horn, Jim Gibson and Emory
Hayes on a charge of riot.
It was charged that on August 28th,
1022, they shot the home of Susan
Hewitt and that they used sticks,
bricks and other things in committing
the crime.
These defendants, with the exception
of Hayes, had been mixed up in
breaches of the peace with others, involving
Lawrence Bailey, the other
case .coming up in the fall term of
the Sessions court, and which was followed
by the shooting of Bailey one
I night after the court was over .
Susan Hewett said she saw Ossie
Horn and Jim Gibson. Went to her
window and said, "hello." She heard
some men walking in the yard. They
turned away from the window and
met Emory Hayes with a gun in his
hands. Hays threw something in the
well and cussed an oath or two. They
lett tne wen and turned around and
shot twice into the house. It was a
moonlight night. They used some vulgarity.
They spoke loud. "We were
living on Kate Edward's place when
this happened. I got the house from
or through Emory Hayes.."
She said that at the preliminary
she testified, but everybody was
drunk, even the magistrate, Gainus,
was drunk and that one of the lawyers
was either drunk or crazy and
no on^ could now tell what she said
at that hearing, as she was not treated
right on that day.
Emory Hays had met the defendants,
Horn and Gibson, at the edge
of the yard with his gun in his arms;
that they went to her well and threw
something down in it, and Hays said:
"Well, I'll be G? d, Jim Gibson," and
just after that they shot twice in the
top of her house. Witness has four
children who lived at this home with
her. She has been a widow for thirteen
years. Her oldest child is about
nineteen years old. She had been
moved into this house with the understanding
that L B. Bailey would employ
some of the family and Emory
Hays would work others of them.
She explained that after the windows
had been broken out and the
house shot, Emory Hays came up and
called out Oscar Hewett and asked
him why he had allowed these men
to come in there and do all this damage.
She decided to move to a little house
on Bailey's place and that house was
.u>i. 1.1 A _; ?i-A
<ai?u biiui nmt nigm.
She told of how Hays had made
threats a few days before and when
Hays had said that "if his 'bacco
stalks 'wazzent* cut by Friday night,
that it would be a 'wusser' time at her
house that night than ever had been."
According to her the stalks were
not cut and the bad time took place
as had been predicted.
According to her, there was a
rough-house at the first preliminary
trial when the court was drunk, as
she alleges and the place was no place
where a lady should be.
It has been told outside this case
that on the occasion of the preliminary
at the magistrate court in
Floyds township, the constable laid
his pistol down on the table and said
he would resign.
Frances Hewett, a daughter of Mrs.
Hewett, testified that she heard these
men turn the chicken coop over. Then
they came to the window and called
(Continue Op Back Page.)
$ .p*1
MARCH 15, 1923
r THINGS APART H
<
s, which is said to be next <
; more than keeping the good 31
<
tiother way which will carry
to convey: It is the keep- <
were not intended to fro to- 2
<
owing things to become mix- J J
ervation, and close attention
ded to go together. <
o say that sit is the keeping <
the clean. The dust of the J[
>n which everything earthly
ecessary thing and a good <
its place. Like other things . <
ead on and over other things J [
to be. It gets on our hands, <[
lothes. To be clean we must <
' o
faces so dirty that the dirt o
human skin and mixed in so JJ
amoved. J
nportant things of life, this <
not go well together, entire- <t
>
GO OUT FROM 1
GRAVE YARD
Henry Skipper Gets a Fright
Passing Princeville on
Friday
KLAN VISITS LORIS
Parties Said to Have Been
Out of the Way
at the Time
i
Henry Skipper, going home from
the court last Friday nigljt, pot the
scare of his life. He lives at Loris.
Just this side of Loris is a country
spot known as Princeville. There is a.
graveyard thereat.
It was just after dark as Mr. Skipper
approached the place. Nearby
was a band of white robed figures
which he at' first thought must be
ghosts. Tt was enough to frighten
any man.
He soon learned that it was a gathering
of the Ku Klux Klan, as what
he had thought must be ghosts all
got into automobiles and went to driving
out and away from the place.
As Skipper passed on the white
hooded band passed him in their cars
and it is said that his fright was considerably
increased by the firing of a
pistol.
So far as could be learned they had
no business with Skipper and he was
not bothered further than the big
scare that he got.
Reports from Loris are to the effect
that on that same night the band went
through that town calling at some of
the homes. They were looking for
certain young men, it is said, but
these were not at home and so far as
could be learned were not located.
Some small boys near the drug
store were given a lecture and warned
about staying out late after dark
and hanging about the drug store.
E. W. Prince was at his store as
the band passed nearby. He was
soon relieved to see that they were
not looking for him.
It is being told that the purpose of
the visit was to warn certain young
men in Loris about certain matters,
but it appeared that the Klan failed
to find the persons they were looking
for.
COURT STOPS"
WITH FRIDAY
The court of General Sessions was
ended last Friday afternoon. A number
of cases had to be continued over
until the summer term of the court.
At that time the judge will remain
two weeks and all of the cases can be
tried and cleaned up. All of the cases
.tried in the court were reported last
week or in this oresent issue. All t.hp
others were laid over.
John Rogers pleaded guilty to an
assault of a high and aggravated nature
and was fined in the sum of $100.
PARTY FINED
FOR CONTEMPT
Fred Cook, of Aynor, was up before
the judge last week, charged with contempt
of court. It was alleged that
he had violated an injunction of the
court prohibiting his entry on certain
land involved in a law suit between
Willam Page and J. B. McCutchen
and Fred Cook. He had been ordered
by the court to stop going on the land
and it was shown that he had continued
to walk across the property.
The court heard the case and fined
Fred Cook the sum of $10 or serve
thirty days on the public works.
The facts show a dispute over the
matter of a little piece of land in
Gallivants Ferry township.
rM.
I
?
EVENING STAR
BIG FESTIVAL
Brought by Civic League on
April 10th to
the 13th,
The Civic League is bringing to
Conway on April 10-13, the first Eve|
ning Star festival ever brought here,
! and which is on the order of the Tyceum,Chautauqua
programs, but still
different, and entertaining to the
highest degree.
It will consist of evening programs
on four consecutive days. They are
explained and described as follows in
| this article, beginning with an ex|
planation of the Evening Star festi!
val itself, and then taking up the attractions
that will appear on each of
the four nights.
The Piedmont Evening Star Festival.
The Piedmont Evening Star festival
will present its first program on
Ani'il 10th. wli#?n Viorrw'c Hnwniinnc
will appear.
The festival pets its name "Evening
Star Festival" from the fact that all
the programs are presented in the
evening?when the shadows of eve'
dim the sun's last ray and the shades
of the night slowly rise?when all
the \vorld is relaxed and in a mood for
entertainment, to listen to the soft
strains of the violin, the dulcet tones
of the harp, or the plaintive wail of
the Hawaiian guitar.
The Evening Star festival is made
up of four programs presented on consecutive
evenings, in the community
auditorium. There is much of advantage
in this arrangement, making it
possible to present the attractions to
the best advantage under all conditions
of weather. There is also the
freedom from outside distractions
which make it possible to enjoy the
program without interruptions of any
kind.
Each attraction is chosen on its
merits as an entertaining and instinctive
organization thus ensuring experienced
and capable people in the
personnel of each company.
Vierra's Hawaiians
Appearing as the first number of
the Piedmont Evening Star festival
are Vierra's Hawaiians, an exceptional
organization giving an educational
program.
This organization is well and favorably
known throughout the United
rii _ i ii i i * ?
states inrougn tne pnonograpn records
they have made for the leading]
recording companies.
The Hawiian music, weird and enchanting,
which makes up their program,
will be a delight to all who hear
it. The program embraces vocal selections
.as well as solo and ensemble
playing on the Hawaiian guitar and
other popular Hawiian instruments.
The Kendree Concert Company.
The second program of the Piedmont
Evening Star festival consists
of Scotch custome recital by The Kendree
Concert Company, a trio of artists
of the best type.
To those who thrill to the plaintiff
notes of the violin in the hands of a
master, to those who enjoy the clear,
lilting soprano of the Highland Maid,
or the wail of the bagpipes in the
stirring battle songs of this sturdy
race, the second evening will be one
of solid enjoyment.
This noval program also includes
the Scotch dances to the accompaniment
of the pipes, tenor and soprano
duets and piano solos. Those who attend
this second program will find it
to be one which is well worth while.
The Tooley Opera Company.
The third evening of the Piedmont
Evening Star festival brings us the
noted young operatic tenor, H. W. D.
Tooley, and supporting cast, in that
tunefully sparkling little Japanese
opera, "The Mikado," by Gilbert and
Sullivan.
The program will also include operatic
arias, duets and trios from
several of the well-known operas. i
Mr. Tooley, a pupil of Oscar Seanger
and Richard Hageman, of the
New York Metropolitan Opera Company,
is supported by Miss Kietha
Ward, as the little sweetheart of the
Japanese prince, and a company of
carefully selected and trained artists.
1 At. _ i
opecmi .scenery uy me UUSiave
Schell Studios, which is an cxact reproduction
of that used by the Metropolitan
and Chicago Operas, as well
as special lighting and electrical effects,
insures a perfect performance, j
The Galgano Duo.
The program on the fourth evening
of the Piedmont Evening Star festival
is given by the Galgano Duo, two
exteremely accomplished musicians
with wide repertoire, of classical and
popular selections.
Their program will consist of solos
for the harp and guitar, harpologues
and ensemble numbers.
The playing of Mr. Galgano, master
harpist, is full of color and dclicate
shading of tones, whole Mrs. Galgano
never fails to please with her readings
and selections on the guitar.
The program of the Galgano Duo
will prove to be a fitting climax to
the four splendid programs composing
the Piedmont Evening Star festival
for 1923.
- o?
J. 0. Norton, the Deputy ClerJc of
the Court, took the place of the Clerk,
Mr. W. L. Bryan, during the session
of the court last week. Mr. Bryan
was too ill to attend to the duties of
the place and had to remain at his
residence.
^ I I ^
:]
~~ 5 NO. 47
' i
i MAN IS TRIED
ON UGLY CASE
Draws Biggest Crowd of Tht
Week to The Court
House/
VERDICT KT GUILTY
Neighbors of Parties Called to
Testify on Each
Side
T *
juusi, ?et'K tne cnarge of seduction
against Albert Singleton was tried in
the court of General Sessions. He is
a brother of James Singleton who was
tried on the day before on a charge
of criminal assault.
There was much testimony in this
case of neglect of training in families,
the loss of character by those
who prosecute in the courts under the
statutes providing remedies for different
violations of the criminal laws,
and which shows a condition of affairs
prevailing in the community
where this occurred that is to be deplored.
Ignorance and dissipation exist
in some sore spots regardless of
the many influences for good now operating
their best to overcome such
j tilings.
This case drew the biggest crowd of
all that attended .any of the trials of
the week. The courfc house was packed
full and standing room was at a
premium. It is noticeable that such
cases always draw a crowd, when thuy
ought not to have this effect.
Many times the officers of the court,
and even the court itself, had to call
for order.
Several witnesses said things that
were so ludicrous that even the court
had to smile, and that is a fact, but
this did not excuse the loud guffaws
that came from the crowds of men
filling the opera seats, and standinir in
the open spaces near the door and
around the bar.
Those who wished to hear slander
got what they went after. That much
is so. Men should not be anxious to
hear such testimony. Even the
thought of things like this should
make them turn in the other direction
of a courtroom, but such is not the
fact. v
The prosecutrix was the first witness,
as usual in such cases. The usual
accusation, with the accompanying
promise of marriage was made by
her on the stand, under her solemn
oath on the Holy Bible; and the usual
exhibit was displayed for the delectation
of the jury in the shape of a
baby about five months old. She did
not hesitate as to any of the details
about which she was asked, and she
said that any who might come to tell
a contrary tale were liars and the
truth was not in them. ,
She bitterly denied any intimacy
with any other man before and since.
She had done this because of love and
in the expectation that the promise,
which she alleged had been made her,
would be kept. Did the baby favor
f U A A 11 A /VA rl ?> n 4- O r 11- ? ? ? -? ? ? 1 *
mc ?iicf;cn paicia ; A lit" prosecillllip
officer argued that it did. The juryinspected
the exhibit with all of the
care usually used in trying these
cases. ?
She testified that she lived with her
father and mother. She bad gone to
the defendant after the trouble, but
could not get any sense out of him.
Missouri Brown testified that she
had heard him say that he would marry
this girl; that the girl had received
a ring and that the man had
bought her a coat.
Penny Brown, an aunt, also told of
hearing the talk about marriage. All
this was for the purpose of getting
in some testimony to corroberate the
word of the prosecutrix, because the
law plainly reads that no conviction
can be had upon the uncorroberated
tale of the woman.
A. N. Johnson was sworn but it
turned out that this man knew but
little of the affair and his testimony
was not even recorded.
Will Brown swore that he is the
I father of this woman who had sworn
I out the warrant. He said that he had
crone to see the man after this thing:
came out and that the man would not
agree to marry the girl, and had said
that he would never pet him under
bond. He also claimed that Singleton
had asked him for his daughter.
Ester May Brown, a cousin, was
sworn in order to prove that the parties
had gone together as sweethearts,
and this too was intended to
corroberate what the prosecutrix had
said about the case on the stand.
The Defense
Then the defense put up its witn
Afinrtfi ntir) if lirn o I Art 4-Unf Acf aT
ncnscf)) ami it, nna uicii tuav nmnv v*
the amusement among the audience
took place.
Toy Johnson testified as to the time
before Singleton had ever called on
the prosecutrix. He was subjected to
a most severe cross examination by
(Continued On Editorial Page.)
I ? |
Education depends on the des %
I ire for knowledge awakened. ,
The only way that the adult J
J students will be trained is [
through their desire to learn first ][
awakened. Education never ends. [,
! There is no limit to it except ,?
human capacity to take it in. No "J
J one is ever too old to learn. J?
\