The Horry herald. (Conway, S.C.) 1886-1923, May 24, 1923, Image 1
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I
VOLUME xxxvn
\ MAN HELD OVER
" BY MAGISTRATE
Daniel Montgomery Has A Preliminary
/Hearing Before
? Magistrate
rUBLIC is EXCLUDED
Number of Witnesses Tell what
They saw. Investigation
Shows State Side
Daniel Montgomery, twenty-two
years of age, was brought before
Magistrate W. H. Chestnut last Wednesday
at the court house for a preliminary
hearing on the charge of
statutory rape. Some of the details
of the serious offense with which the
young man is charged appeared in
the. last issue of The Horry Herald.
The investigation began about 11
o'clock and las'ed until about one
o'clock, when the arguments in his
case were made and the defendant
was held foi trial in the Court of
General Sessions, which convenes on
Monday, June 4th.
A crowd began to gather in the
courtroom some time before the hearing
commenced. It developed, however,
just a little later, that the public
could not hear what the witnesses
said for the reason that it was decided
to exclude the public from at(Iftj.dance
at the trial under the law
tfnd the practice of the court in such
c:ise?
The father of the victim of the allowed
crime is a widower. One of his
daughters married Montgomery about
a year ago or more. In the latter part
of 1922 this married daughter died,
survived by Daniel and an infant
child. This child lingered for a time
?. and it, too, passed away. The youngA
er daughter was a visitor at her sister's
home before and during the illness
which finally proved fatal to the
wife. The Montgomery home was
within the corporate limits. Neighbors
wore at the court house last
Wednesday to testify to things they
had seen and heard tending to prove
w the charge which had been brought
^ against the defendant.
The defendant has a brother, Furney
Montgomery. These two were
the witnesses some years ago against
the negro boy, Arthur Alston, when
the jury convicted Alston of a heinous
offense against the laws and he got
a five-year sentence as a result.
The father of the defendant is Calvin
Montgomery, farmer and lumber
worker for many years past in and
near Conway. Fie is pale of face and
hard of hearing. His health does not
appear to be good at .any time. He
was present at the hearing last week
and appeared to be anxious about his
s'jJLwho was brought up on this
cnlfjge after demanding a preliminary
Iiom ring.
It appears that it was noticed by
relative that things were not right
in the Montgomery home in January
of this year, following the death of
Mrs. Montgomery. One thing led to
another in the course of events. Tt
is said that the girl, now about fourteen
years of age, was absent from
home a great deal and her father
could not tell where she was. Neighbors
saw her at Montgomery's; they
saw her meeting him at different
(places, such as the Anderson mill, the
Ttace Path, and other places. It is
reported that on one occasion, 7iot
very long before the warrant was
I sworn out, she was gone for three
!! days and when found was at the home
of the ^defendant's brother. Following
the execution of the warrant recently
when Montgomery was lodged in the
county jail with bail, the occurrence
was the talk of a considerable part of
the community in that section of the
town where the principals live.
After hearing many witnesses the
situation seems to be about as it was
reported to be. This investigation
was a one-sided afTaid as preliminary
! investigations always are, where only
t!.o^"ide of the State is allowed to be
brolrait out, as the only object of
suona hearing is to ascertain if there
is a probable case made out against
the defendant for offense that is beyond
the jurisdiction of the magis'
irate court. It may be that the defendant
can produce evidence which will
clear him of the charge, but if he
* ?* i- - ? i-;- u?
I uses tins it must, oe on ins umi uefore
a petit jury in the Court of Genera!
Sessions.
There was much testimony which
is absolutely unprintable. Such portions
of it as are printable are given
at the end of this article for the information
of the public, and nothing1
further will come out about the case
until it arises in court.
C. M. Graham testified:
"She will be 15 years old the 4th
d iv of next month. She only stays
homo a part of the time. She is not
4*# ************************
Te
ic Judging from newspaper re- *
}[ ports, a husband may be defined \\
tt as a thing that is very much a c
wanted before he is obtained; J J
\\ but after he has been once rop- )t
* ed and taken in, lie is a thing- JC
^ to be shot or otherwise dis- \\
posed of by force; or sent into
the divorce and made to pay \ \
I .alimony. * >t
^44***********************
jti
MYRTLE BEACH
OPEN ON 12TH
Management Will be on Same
Plan as The Last Season
Things are all set for the opening
of the season at Myrtle Beach on
June 12th.
Mrs. Johnson, from (Joker College,
will he in charge of the dining room
and cousine at the Myrtle Beach Hotel.
Mrs. Hoag will have charge of
the guest rooms. Both of these held
similar positions with the hotel last
season.
The Myrtle Beach Yacht Club will
be ready for opening on the same
date. Mr. C. B. Seabem, of Marion,
has been employed to manage the |
clubhouse this year on a salary which ^
will be paid by the club. Last year
the plan was different whereby the
manager of the house paid the expenses
and charged regular per diem to
the members for the time they spent
at the clubhouse. The club itself will
stand all expenses this time on a different
plan.
There is now a new boarding house
at Myrtle Beach. It has been ready
since last season. It will be operated
Utr M vo Pm*iiAtrc /\f T-Tnm minrvn* T
1/ y 1T1 to* X. * 1.4 I I o I WL ll^lllllllll^ v> a> I V
has twelve rooms and is located on
the strand on the same side of the
beach as the yacht club. It is believed
that the new place will have a
full house for the entire season.
The Myrtle Beach Yacht Club now .
has one hundred and forty-eight members.
Only one hundred and sixtyfive
are allowed under the by-laws.
C. B. Seabern passed through Conway
last Saturday on his way to the
beach. He was met there by Mr. Jas.
E. Bryan, of the Myrtle Beach Farms
Company.
BETTER ICING
IS NECESSARY
The strawberry crop of this part of
Horry continued to move to the markets
all last week. So far as could
be learned the returns from the berries
were highly satisfactory.
In the meantime there is complaint
about the way that the refrigerator
cars are iced for taking care of the
t* i_ ii i . ii. _ l . i i
iruic on uie way 10 ine nvii kcl.
In this connection the Chamber of
Commerce, through its secretary,
wrote a letter as follows to the Fruit
Grower's Express:
"Fruit Growers' hrxpress,
Wilmington, N. C.
"Gentlemen:
"Our attention has l>een called by
certain strawberry growers of Horry
County to certain conditions in connection
with the icing of your cars,
which it appears may he very easily
remedied. We are venturing to call
the matter to your attention in the
belief that your desire is to render the
best possible service to users of refrigerated
cars, and that it is only
necessary to remind you of this in order
to have the situation relieved.
"We are informed that the cars in
which , strawberries are shipped are
iced at Wilmington before being sent
to Conway. By the time that the car
travels to Conway and is loaded, much
of the ice has melted and the temoev.V'ire
of the car is below what it
should be in order to preserve the
berries. The growers complain that
many of their berries are reaching
the market in a spoiled condition
as a result of insufficient ice.
"The local ice company is in position
to ice the cars to capacity when they
are placed on the sidetrack here. This
would insure proper temperature for
the berries during the time of loading
and would also insure their leaving
here with the cars iced to capacity.
It would seem that there can be
no serious difference of opinion that
that method would be more economic
than the method you are now using,
and it would at the same time reduce
the amount of loss which the berry
growers are suffering. We realize
that complaints are frequently made
to you about conditions which cannot
be remedied. It would seem to be a
very simple matter to afford relief in
this instance, and we hope that you
will give to the growers this slight
concession.
"Yours very truly,
"M. A. WRIGHT, Secv."
May 18th, 1023.
an obedient child. I cannot do anything
with her. I have been to other
folks' home and found her and taken
her home. About three weeks ago
she left home and stayed away four
or five days. I do not know where
she was at. She come home herself.
Two weeks ago she left home, and I
heard she was at Furnie Montgomery's
home. This was on Sunday and
on the next morning I asked him
about her, and if she was at his
house. He said he did not know any
thing about her ana that she was not
at his home. I got V. D. Johnson to
go to Furney Montgomery's home to
look for her. We found her at his
home. I taken her home with me. I
do not know where Daniel Montgomery
spends his nights. She will not
,.tik to me about it.
"Daniel Montgomery has been to
ny house to see her. His conduct
was good there as far as I saw. No
(Continued on Page Eight)
??MX
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CONWAY, S. 0., THURSDAY,
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| FINDING OU
| To the man who does i
I finding; out how it is.
We see things and hear
happen; but these are all t
out how it is.
t If we lack the curiosity
* takes to make us want to \
J how it is. This matter of f
* to all of the discoveries eve
the world all of the improver
% Just as men have endea
? the past, they will continue
* and still greater discoveries
* the world.
* Remember that it is ne
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COURT ACTIOS)
OVER MORTGAGE
Rani/ anH \A/ P AHomc Un;o
uui 11\ UIIU III Va nuui IIO I IUV 1/
Hearing Before The
Master
There was a trial before W. L. Bryan,
Clerk of the Court, as Special
Referee, last Thursday at the county
court house in the case of Bank of
Aynor against W. C. Adams and Mrs.
Nettie M. Adams.
The suit concerns the foreclosure of
a mortgage of the town property on
Main street where the Horry Drug
Co., is located. The original note and
mortgage for a loan of >10,.r>00.00,
bears date of May 18th, 1920, for this
same am'ount.
The suit was brought some months
ago, when the debt secured by the
papers was not paid and no renewal
note given as required by the bank.
The sole question in the case is- as
to CPl'blin tvi vi?ipnt< mnHo
mortgage. It is admitted that following
the giving of the note in February,
1021, there was a payment made
of $3,000.00.
In December, 1920, the defendant,
W. C. Adams, made a payment of
$1,680.00 to the Bank of Aynor. The
testimony taken at the hearing last
Thursday concerned this payment
more than anything else involved in
the case.
The defendant, W. C. Adams, testified
that on that occasion he wished
to pay the $1,680.00 as follows The
sum of $1,500.00 on the principal of
the debt and $180.00 as interest for
a renewal of the note for a short
time, saying that he had the funds at
en up the entire debt. He admitted that
the time with which he might have tnkthe
plaintitT bank would not agree to
accept the payment in the way that
he wished to make it, and that instead
of applying the payment on *he note
and mortgage, gave him a separate
receipt showing that he had' paid the
amount on the note and mortgage.
He said that if anything was discussed
at that time about his standing
the loss that the bank would sustain
on the sale of Liberty Bonds in order
to carry his loan, he did not lemember
it.
The officers of the bank testified
that when this large loan matured in
December, 1920, that the bank had
obligations of its own and that the
bank wanted the defendants to pay
this loan back very much, and insisted
that it was needed in order to
meet their obligations, and that in the
presence of W. C. Adams, L. R. H.agood,
and R. N. Johnson, the cashier
of the bank explained to Mr. Adams
i.1 i 1L- 1 iL- 1 t- i i
uiat me oniy way uie oanK couia possibly
carry the loan for him would
be for the bank to dispose of LibertyBonds
at a great loss which it then
had pledged at different institutions
in other cities, and that in such case
if the bank carried the loan more
than a few days, he, the defendant,
would have to pay a certain portion
of the loss. The vice-president and
cashier of the bank testified that the
defendant agreed that he would payany
loss that might be sustained by
the bank's having to dispose of these
bonds; that the $1,680.00 was paid to
be held in abeyance until it could be
seen what the loss would be, and also
until it could be determined for
how much longer the bank would carry
the loan; that at that time the defendant
claimed that he was expecting
to obtain money from another
source and that he might be able to
retire the entire debt within a very
short time; that later the other funds,
if any were secured by the defendants,
were not applied in taking up
the debt, and that the bank in the
meantime had to proceed to dispose
of the Liberty Bonds at the best prices
that they would bring at that time
and that letters were written to the
defendant explaining the application
of the $1,680.00 to the interest and
discount on the loan for the period of
one year and the proportion of the
loss on the sales of the bonds and
that this new note for $10,500.00 was
inclosed with the letter for the signatures;
that defendant answered the
letters and signed up the note on February
11th, 1921, and acquiesced in
the application of the said pavment
of $1,680.00 in the manner explained
in the letters.
Later when the new note now in
tt 1*1
Ill ?
WAY, S. 0, MAY 24, 1923
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T HOW IT IS |
*
*
lot know, it is a matter of %
*
things, we know 'that things *
hat we know unless we find *
*
and mental alertness that it * i
mow, we will never find out. * '
inding out how it is has led *
r made and has brought to % (
nents that we see and enjoy. * <
vored to find out how it is in *
to try to find out how it is * 1
> will be made and given to % ]
*
jjj
cessary to find out how it is. *
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<
' I
WHITE MAN HAS
A NEGRO WOMAN
Claims Married Her Under
The Laws of Another
State
It appears that under the laws of
some of the States it is not unlawful
for the races to intermarry. In South
Carolina it is against the law. Suppose
a white man marries a negro
woman under the laws of another
State and then comes into South Carolina
to live with his wife of another
race? What is their status under the
rule that the courts of one State must
give full faith and credit to the acts
of -another State?
The question has arisen in Spartanburg
County in regard to a white
man who has been arrested there together
with his negro wife. The Spartanburg
Herald says:
Isaac Littleton Bagwell, white, aged
r r? i % c *
oi years, ana iviinnie L.acKey, mulatto
negress, ^aid to he part Indian, are in
jail in Spartanburg1, pending legal investigations
as to whether the two can
live together as man and wife in
Spartanburg, following their arrest by
Detectives D. W. Thomas and W. S.
Bryant, together with J. 13. Cooksey
awl Mr. White, rural policemen, in a
cabin near the General hospital where
they were living together.
Both defendants were hailed before
the recorder at police court on charges
of disorderly conduct. Both pleaded
guilty of the charges, but the matter
was set aside until the intermarriage
laws could be looked into.
When interviewed in his cell. Bagwell
stated that if he got out of his
trouble, since his wife has stated before
the recorder that she would
separate if they would drop the nvitter,
he would be willing to go live in
one place and let his wife live in another
place. He further stated that
there seemed to be no use for them
to try to live together again in the
face of the law and that he guessed
it would be better to stay apart henceforth.
The prisoner stated that he was the
son of the late Josiah S. Bagwell, of
Glendale, a farmer of that place.
Because of the illness of his father he
returned to Spartanburg- county from
Cincinnati, O., where he had married
Minnie Lackey, colored, about fourteen
years ago, and nursed his father
through his last illness and death
four years ago.
Married Fourteen Years.
About fifteen years ago Bagwell
stated that he left Spartanburg county
and went to Cincinnati, O., where
he was married fourteen years ago
to Minnie Lackey. During the time
that he was in Ohio, he worked almost
continuously as a carpenter,
wnicn trade ne nad learned previously
tof going north. Since returning- to
the county he stated that he had been
employed, first as a farmer on the
plantation of his father at Glendale
and later as a carpenter in the city,
where he moved about a year ago.
Minnie I-ackey, he stated, is the
daughter of Jim Lackey, reputed to
be part Indian.
Judge Burnett.
J. J. Burnett, lawyer and former
probate judge, in speaking of the
case, stated:
"My judgment of this matter is that
the State will not recognize a marriage
entered into by a white man and
a negro woman, even in .another State
and they will not be allowed to live
here as man and wife. This in face
of the fact that one State is presumed
to give full faith and credit to the
rinf o a nviAf u ai? qf of n ai\ i\ i\/\f 1\a
CILU") IM OUVtU, It L<IIIIIWt UU
done in this instance in my judgment,
(Continued on Page Eight.)
evidence was not paid and no renewal
offered, the suit to foreclose was begun.
The referee took the matter under
consideration and will render his decision
in the case later.
The only question in the case is
whether the loss on the Liberty Bonds
which the defendant agreed to pay is
to be regarded as extra interest
charged him, or bonus, as the answer
puts it, or was it paid by the defen
dant voluntarily and of his own free
will, in order that the bank might be
able to float the loan for him for the
period of one year, which was the
longest period that he asked for.
%
rM.
suit docketed;
federal court
H. Mayo Sarvis Sued by The
Navassa Guano Company
H.\ Mayo Sarvis has been sued in
the United States District Court by
the Navassa Guano Co., on nine different
notes executed in fertilizer
transactions, running: from the season
r>f 1920 to and including: the season
3f 1922.
The total amount demanded in the
complaint is the sum of $11,130.01,
less payments made thereon totaling:
?3,590.23. The plaintiff also demands
interest at the rate provided for in
the notes and demands attorney's
oi i tw iw / \n ^ f U a n'l on Xl'QC
i i ut ouuiiiiuud in tuc
served by the United States Marshall
on April 28th, and his return filed in
Charleston.
The defendant has filed an answer
to the complaint in which he alleges
in one paragraph to the effect that before
the bringing1 of the action he fully
paid, satisfied and discha\'ged
plaintiff's alleged claims as set out in
the complaint. In another paragraph
of the answer he alleges that between
May 1020, and the date when the action
was commenced he paid a total
of $f>,854.79, whereas he is given credit
in the complaint for the aforesaid
sum of $3,590.23.
He admits the execution and delivery
of the notes sued on by information
and belief.
In still another section of the answer
he alleges that he is entitled to
a discount of twenty-five per cent and
claims that one fourth of the entire
indebtedness should be deducted from
the amount claimed in the complaint.
The complaint as served by the
plaintiff is verified by the oath of the
credit manager of the Navassa Guano
Crt mwl nnsu'ov nf Hia
is also accompanied by defendant's
oath to all of the allegations positively
alleged in answer, and as to
those which he sets forth on information
and belief he states that he believes
they are true.
Sarvis is a farmer on Loris R. F.
D. No. 1. He is the owner of a number
of farms. He has been operating
these farms for a number of years,
planting various crops, among them
Irish potatoes, tobacco, and probably
cotton and strawberries. The total
acreage of farms owned and operated
by him is a total of about five hundred
acres.
The case has been docketed and
will come up in regular course for
trial in Charleston, Florence, or Columbia.
SCHOOL FIRPT
KILLS MANY
Cleveland School House, in
Kershaw County, Near
Camden, Bums
Camden, S. C., May 19.?Gaunt, awful
tragedy broods over the stricken
Beulah section of Kershaw county. Of
all the homes in the environs of the
school there remains hardly one that
escaped bereavement as a result of
the burning of Cleveland school house
in Kershaw County, near Camden, S.
C.
Seventy-five. 16 women, 41 children
and Is* men, last week were dead.
Entire families were wiped out, parents
burned to death beside the children
they could not save. Fathers
and husbands caught in the fatal
? i n _ n i.'l - _ C
stairway jam in neroicauy uiruie eifort
to make their way hack to loved
ones lost in the surging mob that,
tearing families apart, carried all to
death. Orphans, crazed by the loss of
parents, brothers, sisters, widowed
husbands and wives.
The rising sun, the fiery and horrible
night over at last, looked down
upon this naked tragedy and men and
women, stunned and numbed by the
loss, could not realize the terrible immensity
of it all. A pile of ashes,
smoking timbers, hot tin. A gruesome
row of charred corpses, naked in the
morning light, black unrecognizable.
The bodv of what had been a woman
:ind beside it the shreds of the torso?
U.wl
<M iwu uuuifs, luiifii ?iific tuc;\ ii4v.'
been held by the amis that now were
only blackened bones. A negro nursemoid,
dead, lifeless despite the proof
of mute and glorious heroism of the
negress, who had offered her own body
as a shield to her helpless charge.
Blackened bones. These told the horrible
story and somehow it was not
entirely understood. There are sorrows
beyond the reach of hunuir
hearts; tragedies that are never
known.
A woman, her eyes red with weeping,
tearless now, walked among the
dead oblivious to others like her there
and unaware of the morbid sightseers
hovering like birds of prey
about the ghastly scene. "That's little
Eva's foot," the woman said. "Call
some one. That was the dress she
wore." And then in agony. "Do help
me to find my husband. I could bear
?t then. This is the third time I've
been here and T can't find him. T
don't know which is he No,
he wore lo*" quarter shoes. That's
not them. They were new. I bought
them three days ago Yes, I
(Continued on Page Five.)
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' NO. 5
BUS MACHINE
WASHELD UP
Execution in The Hands of Magistrate
Constable Was
Cause
OPPOSES THE~ RAILROAD
Expense of Operation of Line
Appears To Be
Great
The Motor Transportation Co., was
incorporated under the laws of South
Carolina and obtained a charter on
A lin?<of 1IW1 ? ??
?iiu, witn me loiiowing
named otticers: L. N. Bagnali, president;
M. R. Bag-nail, vice-president,
and J. E. Rankin, secretary, treasurer
and general manager.
It appears that the purpose of the
company was to establish and operate
a number of omnibus lines running
out of Columbia, S. C., and one of the
purposes was the running of a line
from Conway to Marion and return.
The line from Conway to Marion
was operated under the name of Conway-Marion
Bus Line, but it is conceded
that the line was only a part
of the general business which the company
proposed to dov Nothing is
known here as to the extent of the
success of lines which may have been
put on or operated by the company
out of Columbia, or to or from other
points in the State.
The establishment of the line from
Conway to Marion was favored by the
business men. The secretary of the
Chamber of Commerce aided in the
bringing of the line to Conway in pur
suance 01 tne general policy of the
chamber to foster and encourage improvements
of every kind for the
county. The establishment of the line
was regarded as a great improvement
for the people of the town and of the
county along the national highway
leading from this point by Gallivants
Ferry on by way of Rains through
Marion County, so as to make connection
with all of the trains on the main
"line of the Atlantic Coast Line. The
people have patronized the line from
the beginning. Good service has
been given. In the operation of the
line the bus has called at the homes
of travelers and taken them on when
otherwise they might have been left
in Conway. On the return trips from
Marion at midnight, the bus has delivered
its passengers at the doors of
the homes. At times the management
of the concern has gone to great expense
and trouble to make the connections
and avoid delays for its
passengers.
Recently it has appeared that the
expense of operating thti line has been
more than the income. Obligations
were not promptly met as is shown
by the issuing of an execution in the
hands of the constable from the court
of Magistrate W. H. Chestnut some
time last week and the seizure of the
bus under process.
This did not stop the running of the
line, however, as the regular trips
were continued by the use of touring
cars belonging to the company or
transfers hired in the usual way for
1 ^ 1 .. .. .. I. .. ? C 1.1,. 4- .... ? n -
lilt? regular cnai^c? i?i uic nunsitri
drivers. At times it is said that extra
transfers had to be employed to
times there was hardly enough to pay
carry the passengers while at other
the expense of operating the line.
Several months ago J. A. Bagnall,
who had been connected with the bus
line more or less ever since its beginning,
stated at Conway that the Conway-Marion
Line had l^een turned
over to him; that he would give it his
undivided attention, or words to that
effect, and would pull it out of its
difficulties.
J. A. Bagnall has oeen in charge of
it now for several months and for
some time negotiations have been on
for a sale of the equipment to local
parties.
It has been apparent that the At
lantic Coast Line Railroad Co., was
opposed to the operation of the bus
line, not that they at'erupted to interfere
with its operation in any way,
but they regarded its operation as direct
opposition to them.
It was after the establishment of
the bus line that the matter of the
sidetrack for a sweet potato storage
house came up through a committee
of the Conway Chamber of Commerce.
The site was decided upon and all arrangements
thought out up to the
matter of this sidetrack, and when it
came to that, the railroad company,
without any explanation for their refusal,
would not agree to put in a
track to accommodate the warehouse.
This matter of a sweet potato cuving
and storage : ystom was regarded as
a very important thing for the county
at that time. It is known th:it the
/ On PdlVn T?V?I1I* \
v V l'l I I I llUl'li VII X ?. VW>I/
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* *
* No man should ask a favor *
$ of another when he knows that J
* it is not right to ask it, and *
S that when asked it ought not to *
He he granted; still that will be ?
t granted in order to keep up *
* good will and because the one
* asked hates to refuse. Such a *
? practice is nothing short of im- t
* position on another. X
*********************** ****
* vo. V