Historical Newspapers of South Carolina

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FRANKS CASE COMES UP IN COURT FOR THIRD TRIAL ; The fall term of the common pleas court for this county convened on Monday morning, Judge S. W. O. Bbipp, of Florence, presiding. The term is for two weeks. A number of cases are put down for trial on the roster arranged by the bar, and the court will he kept busy during the whole term. On account of the number of public Bales on Monday no jury cases were taken up until after the dinner recess hour. Two jury cases were disposed of on Monday afternoon. The (list case was that of Mrs. Su san F. Gray vs. Mrs. Estella P. Gray, j as executrix of the estate of her hus band T. N. Gray, deceased. The suit was on an alleged note for $100 and interest from December, 1004. The ! plaintiff wiis the mother of Mr. T. R. L, Gray. The plaintiff's testimony was to the effect that the note could not be found, and verbal testimony was offered as to its contents. Judge Sblpp granted a non-suit on the ground that the note bad not been sufficiently described. The plaintiff was represented by Messrs. Simpson, Coopor & llabb, and the defendant by j Messrs. Cannon & Black well. The next case was that of Mrs. Es- j tella P. Gray as executrix, against J, D. Fowler. Suit on an open account of $14.118. A verdict was given for the plaintiff, The plaintiff was rep- J resented by Messrs. Cannon & Black-I well, and the defendant by Messrs. ! Richey & Richey. On Tuesday morning the case of R. J. Franks, as administrator of Luther Franks, deceased, against the South ern Cotton Oil Co. and R, H. Hudgens, manager, was taken up. This is a suit for $25,000 for the drowning of young Luther Franks In the oil mill . reservoir In April, 1906. Young Franks was at thai time seven and one half years old. This case has la en tried twice before. In the first trial the plaintiff secured a verdict of $;t.?tiO, which was set aside by Judge Cage. In the second trial Judge Memmlnger directed a verdict for the defendant, and was reversed by the supreme court. The chief act of negligence alleged in the com plaint is the maintenance of this res ervoir, which is alleged to have been attractive to children of tender years, ia ;.n unprotected condition. The testimony was to the effect that young Franks had gone to the reservoir on his tricycle in company with two other young boys, -.ate In the even ing, and had fallen in and was drown ed, There was testimony to the ef feel that children frequently resorted Ce re for play. .'hiring the course of the ir testimony the defendants put on the stand two y?Uttg boys. Guy Fuller {.ml Warren I'helps. wi.o testified that they were ' with young Franks when he was | drowned, and that at the time l.e fell , In the reservoir he had gone into the basin and was holding With both hands to the pipe through which the water was carried into the reservoir, with one foot on the tide of the reser voir and the other foot swinging in the water bathing i\ when the foot against the side of the reservoir slip ped, and he was precipitated into the v-hter. They n;sjd they were fright-, cr.ed and ran home. The arguments hi the case will be concluded this morning. The plaintiff is represented by Messrs. Simpson. Cooper & Rabb and the defendant by Mr. F. Barron Grier of Greenwood, and Messrs. Dial & Todd. PLAG RAISING NEXT MONDAY. Ceremonies on Auspicious Occasion at j the Graded School. The local chapter of the Daughters j of the American Revolution has pur chased a handsome Cnited States (lap to be presented to the graded school of the city. The flag has arrived and ? will be raised cm next Monday at 1 j o'clock. Appropriate exercises., con sisting of speeches of presentation and acceptance Will be delivered. The friends of the school and the public generally are invited to be j Vresent on this occasion. Immediate |y after the exercises, the school will | dismiss, so that the children may re turn to their homes in company with their parents, ahd friehen! . Council Abolishes Office. At a ...eeting of the city council last week, Nir. Ernest Easterby resigned bis position as collector for the city In the water and light department. ( The council decided to abolish this , office, and hereafter all citizens are j expected to call at the city clerk's of fice and make payments by the 20th of each month. Failure to do this will necessitate cutting off the water and light supply to delinquents. Don't forget the calves and yearl ings. Don't leave them out In the cold nights until the y are pinched and haggard. ANNOUNCEMENT The Laurens Advertiser begs to advise its patrons that on and after January 1st of next year, all Subscriptions must be paid strictly in advance. No exception will be made. The management have concluded that this is the only business method, and friends of the paper are earnestly requested to keep the matter in mind and assist in making it a success. Renew your subscriptions now while it will help some of the candidates in the contest. Watch the label on your paper. If your subscription expires in January or February, why not renew now. Earnestly inviting your co-operation in this matter. We remain, Respectfully yours, THE LAURENS ADVERTISER. 1 The Laurens Advertiser