The Horry herald. (Conway, S.C.) 1886-1923, May 31, 1923, Page Page No. 2, Image 2
p.
Page No. 2
SEARCH PAPERS
I NOW NECESSARY
Anderson?Reversal by the United
States Supreme Court of the decision
?/ the district court, for the western
district of this State, in the case of
M. Frank Andrews, local white man
convicted of a violation of the national
prohibition law and sentenced by the
court to pay a fine of $500, institutes
a ruling of far reaching impor1
_ i J A t
lance on tins section, in reversing
the lower court, the Supreme Court
held in efTect that the search of the!
man's home in this instance, which
was made without a search warrant,'
was a violation of one's constitutional
rights. Messrs. H. C. Miller and M.
I> Bohinan, who represented the defendant
in his appeal to the Supreme
Court, have received notification of |
the action of the tribunal together |
with advices that a mandate has been
filed.
History of Case.
Andrews was convicted in Federal
court in session here in November,
1921, of having in his dwelling house
some four quarts of bottled in bond
rye whiskey and two quarts of gin,
which was contained in a large safe.
His home was searched without a
search warrant, the defendant contended
that the search and seizure
was made by officers over the protest
of the defendant, Andrews. The conviction
of Andrews was on a charge of
having in his possession alcoholic
liquors, the fine having been imposed.
Defense counsel appealed to the
Supreme Court from the derision nf
the district United States court, on
two assignments of error, the first
alleging that the home was searched
without a warrant in violation of the
fourth and fifth amendments of the
Constitution of the United States, in
that the defendant was required to
be a witness against himself. The
second ground, constituted a contention
that as there was no evidence to
show that the liquors had been unlawfully
procured, or that they were
for unlawful us?. The district court
held on this point, that the mere possession
raised the presumption of
having the liquors for unlawful use.
reversal of the lower court's decision
the Supreme Court holds, in
effect, that in addition to the search
without a warrant being a violation
of one's constitutional rights, that the
possession of liquor in one's home
does not in itself create such a presumption
of guilt.
PT,APFS TTMIT
A m. M A ak. UX1T11 A 1
ON QUESTIONS
Examination of Bankrupts
Cannot be Made to
' Incriminate
NICKY ARNSTEIN CASE
May Refuse to Answer on
Ground Might Incriminate
Him
\
We all remember the Arnstein bond
care? arising in New York City, when
the accused man fled, but was brought
I lnf m? ?v?o/4a ^ 51
uuvnj iuiici iiiauc a torn pitU3 lail llVG
when petition in bankruptcy was filed
against him.
Jules (Nicky) Arnstein won his
personal liberty fight in the Supreme
Court some days ago, when that body
sustained the order of the District
Court for Southern New York granting
Arnstein his freedom from custody.
The action was brought by Thomas
D. McCarthy, former United States
Marshal for the Southern District of
>Iew York, appealing from the decision
which turned Arnstein free.
The basis of the decision, written
by Justice Sandford, is that when a
person inaugurates testimony concerning
his own case, which does not
constitute a clear admission of guilt,
he may stop short at any time in his
testimony which, if continued, might
incriminate him. It arose out of a
bankruptcy case.
Silent on 147 Questions.
' Arnstein having been adjudicated
an involuntary bankrupt and called
>>efore the Commissioner for examination
as to his assets, refused to answer
447 questions asked him on the
ground it was his constitutional privilege
not to answer questions which
might "degrade or incriminate him."
The District Judge denied a motion
'to punish him for contempt. After
this examination, Arnstein filed sworn
schedules of his assets, showing a
T>ank deposit of $18,000. The District
Judge then held Arnstein had
become subject to an examination as
to his property and ordered him to
answer 42f> questions out of the original
447.
Arnstein again refused to answer
and was sent to jail for contempt. He
presented a petition to the District
Court for a writ of habeas corpus, alleging
he was restrained of his liberty
in violation of the Federal Conati
tution. The District Court held thr
appeal was insufficient and Arnsteir
then appealed to the Supreme Court
Remanded to Lower Court.
The hig-her court neia that, as th<
schedules did not amount to an admis
sion of guilt or furnish clear proof 01
crime, they did not constitute a waiv
er of his right to stop short whenevei
he could fairly claim that to answei
might tend to incriminate him, ant
the order of the lower court was ac
cordintfly reverseu and the cause re
manded for further proceeding.' ii
To Cure t Cold In Otto Day
Take LAXATIVE BROMO QUININE (Tablets). I
tope the Coujfh and Headache and works off th<
vH4 E. W. GROVE'S signature on each box. 90c
LADY IS HURT
IN ALIGHTING
Mrs. Florence Hedrick, lessee of
the Hotel Grace,t sustained a painful
and serious injury to her right foot
when alighting from a passenger
train here on the night of May 14th.
She was assisted intn the Viatel
nearby and physicians called to attend
her. In the course of a short time,
according to reports, her foot and
ankle were considerably swollen and
had turned black where the tendons
and framework of the member had
been twisted by the accident.
Last week she was taken to the
Florence hospital, where Xray pictures
were taken by Dr. McLeod and
his . assistants. She suffered great
pain from the injury from the first
moment when it was done.
It was stated that it would be some
time yet before she would be able to
walk even though supported by a
crutch. In the opinion of many, while
she is expected to recover a limited
use of the foot, it will never be well
like it was before the accident; and
it is likely to give her more or less
trouble permanently.
From what can be gathered it appears
that the train stopped near the
spot where the newstand or picture
tent is located, on the vacant property
on the uptown side of the hotel,
and the passengers were told to
fllio'ht hu t.'io nnnHllpfni1 ni' tlia nnv tnv
j V?I^ VVIIUMW vvi V/ M. VlIVy pwi vv?l j
or perhaps both. All of * the other
passengers got off ahead of Mrs. Hedrick.
She was the only lady passenger
aboard at the time. There were
no lights and no footstool supplied by
the management of the train nor any
assistance given Mrs. Hedrick in
alighting from the coach. As the
light was not there, and no footstool
had been supplied, she stepped from
the lowest step of the coach and fell
in a heap, as the distance was too
great, in the absence of the stool. In
falling her right foot was caught up
and terribly wrenched and strained,
so that it appeared several of the
bones had been broken or fractured.
She was given assistance by other
passengers who had not gone very
far away at the time. It is said that
she has suffered intense pain and
sickness from the effects of the injury
at frequent intervals ever since
it occurred.
Since tne injury she has had many
visitors who called to extend their
symtathy. She had visited Wilmingi.
xt n i ii--j 1 ?-i
ton, Ks., on ousmess mat aay ana
was returning on the midnight passenger
train to her home.
conformity with the opinion.
The lower court, in accordance with
this finding, reversed its order denying
the writ and ordered Arnstein released.
It was from this last findimr
that United States Marshal McCarthy
appealed. In denying the appeal, Justice
Sanford added:
"It is apparent not only from the
'^nfirua^ of the farmer opinion but'
;from its citations that this court ap- j
I plies to the non-incriminating schedules
the rule in the cases cited, namely,
that where the previous disclosure
by a witness is not an actual admrasion
of guilt or incriminating facts
he is not deprived of the privilege
of stopping short in his testimony
whenever 't m?y fairly tend to incriminate
him."
o
GREEN SEA NEWS
rr*i i i n
i ne anernoon services ot me ureen
Sea Baptist church were omitted last
Sunday afternoon because Rev. J. T.
Going1 was called off to preach a
funeral.
Misses Mary Shelley, Ruth Graham
and Nan Floycf spent the week-end
with Misses Elnita and Doreatha Harrelson.
The primary and grammar, grades
gave their part of commencement last
Friday night.
The high school will give their play,
"Deacon Dubbs," next Friday night.
The graduating exercises will be
next Monday night, June 4th, at 8:30
o'clock.
Hon. Marion Rucker will address
the graduating class Monday night.
He is a noted speaker from the Uni
I versity of South Carolina.
! Messrs. Charlie Suggs and Dawson
Powell are home from Rocky Mount,
N. C., for a few days.
D. L. Lewis, State Supervisor of
Rural Schools, spoke at Green Sea
last Wednesday night. His subject
was "The Advantage of Consolidated
Schools." Mr. Lewis is a very pleasing
and interesting lecturer.
REMOVING HAND STAINS
Some vegetables stain the hands
with an utrly dark stain difficult to
remove with soap and water. A raw
potato cut in half, however, rubbed
over the stains will usually remove
thpm easily. Lemon juice or tomatc
are also effective.
L. A. Woodruff, D-Opt,, will be al
Horry Drug Store Monday, June th
1th. See me about your eyes if you
[ | need optical service.?Adv
i 5)24J23-2t.
o
A TONfP
> Arove's Tasteless chill Tonic restoret
. Energy and Vitality by Purifying anc
f Enriching the Blood. When you feel iti
- strengthening, invigorating effect, see ho*
it brings color to the cheeks and ho*
j it improves the appetite, you will Ihet
. I appreciate its true tonic value.
. | Grove's Tasteless chill Tonic is simpl)
i Iron and Quinine suspended in syrup. St
pleasant even children like it. The blood
needs QUININE to Purify it and IRON tc
t Enrich it. a Destroys Malarial germs and
B Grip germs by its Strengthening. Invigor
L %ing Effec*
%
\
i
THE gOKMC HERALD, CON
NEGROTAKEN
FOR LARCENY
Accused of Breaking and;
Stealing From Dept.
Store
Frank Levinson happened to be
passing- along- the street. He saw that
one of the doors of the Conwa/ Department
Store was left open. Going
into the store he found tli^t it hail 1
been robbed during the night ie'cve
and a quantity of dry goods taken :
and carried away. He had no idea
who had committed this crime. '
The matter was reported to the
authorities. A little detective work
resulted in catching the thief last j
Friday night, the arrest being made
by John T. Proctor, of the Conway j
police force.
The arrest or the negro followed I
the overhearing! of ai
conversation, when a 1
transfer driver there heard J
this negro telling another that he had <
the goods secreted here in Conway; ]
that he would come over here and
get the goods away and would return
to Marion with them either last Sat- j
urday night or Sunday. <
The negro arrested belonged to the 1
negro minstrel show that was here
recently and gave a show before a
colored audience on the hill.
The defendant is a negro man of
about twenty-five years of age. He (
is dudishly dressed and told the of- <
ficers that he knew nothing about 1
the broods whatsoever, having come to I
Conway to board at Latimor's until
the opening' season at Myrtle Beach. 1
when he would take a position there i
with the Myrtle Beach Hotel .Co.
So far as could be learned the goods 1
had not been found. Nothing that ;
the negro did seemed to give any
inkling of the hiding place of the \
goods.
Last Saturday the man was still r
in the jail and could not make bond.
PECANORCHARD
ASSET TO FARM;
A farmer said to me the other day ]
that he made this past year- riore (
money on his pecan grove than on his f
whole plantation. He said that at ?
one time he made on on*? of his
pecan trees, and even last yea*', on i
one acre of twelve trees ten years
old, he got a total of $150. He is an
_1_ __ 1 i. 1 11 ? *
expert in ootn seinnp ana growing j
pecans. Said he, "If I could make a
fairy wish I would wish for 100 acres j
in Stuart pecans. ^ wonid then plant ,
the middle of fifty acres in Biloxi
soys in five or sixr>ot rows and the
other fifty acres in Laredo soys. I
would thresh them on the upstanding
vines in the fields with a Gordon
thresher and then turn under these
vines for soil nutriment. I would
plant in the fall rye and vetch and
turn it all under. My sale of pecans
and seed beans I believe would net
! me $7,000 or $8,000 per year ami the
I l^bor of it all would he simple and
easy."
The bes't habitat for agriculture in
this whole country is in this sectior
of our land. Our trouble is that we
do not live up to or make use of.oui
opportunities.
The Journal of Heredity.
So staid a journal as is the Journal
of Heredity said of us here in
!/%? ? Il?i4-U ? * -* ? ? ? ? ^
wiiiiovtiuii tvivii uic (jixttii 111 ci recent
issue ,as follows: "Every section of
the country has a crgp or enterprise
of which it is proud. The time is
probably not very remote when the
South will boast as largely on her pecan
industry as she does of her cotton,
and pecans will be as widely advertised
as the walnuts of California.
Possibly nowhere else in the
world does nature, unaided by man,
produce a crop ready for the market
of as great money value. Within the
last twenty years large areas have
been planted in improved varieties of
pecans in Georgia, Alabama, Mississippi,
Florida and Louisiana, and
S at'A *riflU/ loorlinrr. in Vn* I
vx/>' V*> V/ aiv ** IWMUIII^ ill IHV
production of improved varieties.
Seedling Variability.
Aside from the economic vilue of
the pecan it is a most interesting
botanical curiosity because probably
no plant produced shows such wide
variability as does the peca'h when it
reproduced from seed. The A. and M.
College in Texas last year had a re
WHY SUFFER SOT
Why suffer from a bad back, from
sharp, shooting twinges, headaches,
dizziness and distressing urinary ills?
Conway people recommend Doan's
Kidney Pills. Ask your neighbor.
k Could you ask for stronger proof of
merit?
Mrs. M. E. McCall, 55 Fourth Ave.,
Conway, says: "I had symptoms of
Kidney trouble for quite a while and
let it go until I couldn't stand the
; pain any longer. My back was lame
and sore and if I stooped, I had ter1
rible pains and could hardly straighten.
My nerves were all wrecked and
the least noise frightened me so I
would shake from head to foot. I
was tired and languid and could hard!
ly drag one foot after the other. My
. kidneys didn't act right and I was in
a terrible condition. I began ' u$ng
' Dc/an's Kidney Pills frofn Piatt's
r: Pharmacy. I finished one box and the
r relief was wonderful. Two boxes of
I Doan's cured me."
The above statement was given on
January 30th, 1918, and on .Tanu.nry
r 27th, 1923, Mrs. McCall added: "1
* will never go back on Doan's Kidney
' Pills because they cured me and I
> have had- wrfH$her trouble. I gladl
ly confirm my previous statement."
? 60c at a'11 dealers.' FoRter-Milburn
Co., Mfrs., Buffalo, N. V.?Adv.
WAY, 8. 0,_MAY 31, 1938
markable exhibit at'fe ' horticultural
fair. This exhibit showe dpecans
from thirty-six trees. These trees all
came from the seed as planted frorii a
San Saba pecan tree. These seeds
produced, strange to say, thirty-six
different types of nuts that seemed
to bear no relation to each other in
shape, size, thickness of hull and flavor.
Only two of them were" worth
reproducing?reproduction here, of
course. hflftlflr
o ?-" 6??iuii{5 anu
budding. This man who planted these
thirty-six trees expected thirty-six
San Saba pecan trees, but he found
out, as many others have found out,
that the propagation of pecans by
seed is not a reliable method if one
wants reproduction true to the mother
tree.
The Seedling's Value.
The large, soft shell pecan is so
new that we have as yet no very great
variety of types but these types are
increasing. This very unreliability in
seedlings gives us an opportunity of
finding superior seedlings for propagation
by grafting. This variability,
therefore, has splendid compensations
as in the future we will have produced
very many interesting new types of
pecans.
Flower Fertilization.N
This variability in pecan seedlings |
arises from the queer manner of flow-1
? i-M! a? *
ci leruuzauon. me staminate flowers
or catkins are borne on wood of
o
RUBY LEE JORDAN
On May 8th, the death Angel visited
the home of Mr. and Mrs. C. T.
Jordan, of Toddville, And took from
them their dUrling baby, who was
bora July 11th, 1922. Little Ruby Lee
was a bright and loving child and
was loved by everyone. She leaves
i mother and father to mourn their
loss. She was laid to rest in the Union
cemetery.
My Lord has need of this flower gay,
The Reaper said, and smiled;
Dear tokens of the earth it is,
Where he was once a child.
[t shall all bloom in fields of light,
Transplanted by my care,
A.nd saints, upon their garments
white,
rV? i c c?n/i/J
i mo >tuv.icu un/asuiii wear.
\nd the mother gave, in tears and
pain,
rhe flower she most did love;
She knew she should find it again ,
[n the fields of light above.
3, not in cruelty, not in wrath,
The Reaper came that day;
Twas an Angel visited the green
earth,
\nd took the flower away.
# ? ?
L. A. Woodruff, D-Opt., will be at
Horry Drug Store Moaday, June the
4th. See me about your eyes if you
need optical service.?Adv
5|24)23-2t.
;
ll
I Brick
I Cc
I LEASEE
I Rir I Q P
II a^j U. AX* U
I On fAe /n
I Farmers
J. R. B
I known to the
I warehouse bus
I Under tl
gamming a go
what the valu
these men in l
be a distinct <
business with
Bowles i
Horry Count)
for a term of 3
this warehous
County.
Experiei
is the man wl
the tobacco ?
' V* ? ?v*
ixiivrvv 111(11. J
warehouse bu
m?_
^ They ai
| Watch for regi
Bowl<
t' ,0'a>'
J - I
??? I 1 ?
the preceding: year's growth, that is.
hard wood. The pistillate flowers are
borne on wood at the present season's
growth. The pollen grains are carried
from catkins to pistils by wind
and gravity. This pollen is frequently
carried by wind three or four miles.
The pecans as produced by one tree
are cross fertilised by the pollen
grains, therefore, of very many trees,
along, of course, with the egg cells
of the mother tree. The shell of the
pecan is purely maternal tissue.
Most of our so-called improved varieties
are found growing wild, being
the chance variable produce of this
above aueer cross nollination.?N. L.
Willett/
SUMMONS FOR RELIEF
(Complaint Served.)
STATE OF SOUTH CAROLINA,
- COUNTY OF HORRY.
Court of Common Pleas.
The First National Bank of Rocky
Mount, A Corporation, Assignee,
plaintiff, vs. C. M. Reaves, Mary A.
Reaves, and H. Barnes, defendants.
To The Defendants Above Named:
YOU ARE HEREBY SUMMONED
I Calco Automatic
Turns Swi
Into Fai
;1
wr.v *. * ;
Gate is absolutely ai
I water to flow off yoi
flood or tide water
; j your land again.
One plantation man
,Gate converted 1,50
" mosquito breeding i
tive farm land.
WRITE DEPT. "C" FOR
'
nri n i
ne urae v-uivc
J ATLANTA w
u "V
Peoples
W arel
? #
nway, South Caroli
> FOR A TERM OF
OWLES and G
dependent Auction
will get paid in full as soon as
owles, who is already well
r ? ---
growers ot this county, will
siness again.
le firm name of Bowles & B<
od force of warehousemen, v
e of tobacco is. With the lor
the handling and sale of leaf
advantage to the growers of tl
them.
Be Bass are now in the warehc
r, and as they have the wareh<
/ears, they are going to start rij
>e a great big success for the
nee is what counts in tta tnhm
io knows that succeeds. J. R
;ame from start to finish. Th
His partner is equally good
isiness.
I)1
e a good strong team.
ilar ad of Peoples B:
3s & Bass,
and required to answer the complaint
in this action, of which a copy
herewith served upon you, and to
serve a copy of your answer to the
said complaint on the subscriber at
his office Conway, S. C., within twenty
days after the service hereof, exclusive
of the day of such service;
and if you fail to answer the complaint
within the time aforesaid, the
plaintiff in this action will apply to
the Court for the relief demanded in
the Complaint.
Dated April 18th, A. D. 1923. m
^ ROBT. B. SCARBOROUGH,
l>lainf ifV'o AffnrilPV.
* IMlllVtlt O *???W? w|? ?
To C. M. Reaves, Mary A. Reaves,
and H. Barnes, non-resident defendants:
TAKE NOTICE. That the comr
plaint in this action and the summons,
of which the foregoing is a copy, has
this day been filed in the office oA
the Clerk-of Court of Common Plea^^i
of Horry County.
Dated 14th day of May, A. D. J 923.
W. L. BRYAN,
C. C. C. P. of Horry County.
ROBT. B. SCARBOROUGH,
Plaintiff's Attorney.
5|17|3t. .
: Drainage Gate ?
amp Land
m Land
' ' . . % * ? V* c 1
.. -+m - ft
ltomatic, permitting tj .
ur land but prevent# P x(
from backing up on
writes that a Calco rj
0 acres of ~vorthless H
iwamp into produc- ' ;
li i m
3 \4
SPECIAL UTERATURE
*
;rt & Metal Co. |
::s GEORGIA 1
louse J
1 * W
na
YEARS
. W. BASS
A cufi \juijr I
sales are made. I
and favorably I
be back in the 1
^1
iss, they are or- I
/ho will know I
ig experience of I
tobacco, it will I
lis section to do .1
1
use business for 11
Hise under lease I
;ht now to make 11
growers of this II
? II
xo business. It 11
. Bowles knows 11
ie Horry people 11
in the tobacco II
11
_l_ iir ? I
ncK w arehouse. I
Props. L
' 11
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