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PART TWO; PAGES NINE TO TWELVE LAURENS, SOUTH CAROLINA, WEDNESDAY, DECEMBER I, 1909. NUMBER 18 THE WASH HUNTER RECEIVER CASE AGAIN BEFORE THE STATE COURTS By Order of the Supreme Court, the Civil Suit, Involving the Receivership of Defendant's Property, is Remanded to the Circuit Court. The supreme court has afllrmed with modifications, the judgemonl of the cir cuit court in appointing a receiver for the properly of G. Wash Hunter. The appellant was convicted of tin- killing of .1. Elbert Copeland in Laurens coun ty and sentenced to a term of eight years in the State penitentiary, hut his case has been appealed to the United States supreme cottrl in the criminal action. In the civil suit Hunter is given permission to move before the circuit court lor the removal of the present receiver and the appointment of a dis interested person in his stead. The ap pointment of a receiver by an order from the circuit court grow out of a suit brought by the Virginia Carolina Chemical company lor an indebtedness of $ 1,41*8. Hunter's eise lias been up and down in the courts for several years, lie was tried for murder in I.aureus coun ty and the case was finally moved t< Greenwood, where he was convicted 01 manslaughter and received a sentence of eight years. The State supreme court overruled his appeal for a new trial and the case was then appealed to the United States supreme court. All of these court proceedings were ex pensive and it appears from the state ment of the case by Associate Justice Woods, that Hunter's creditors feared that be would not have the money to pay them, ami they applied for a re ceiver. The planting season has come a round again and no doubt Hunter ami his creditors would like to make a rangements for next year. The deci sion of the supreme court permit.: Hunter to apply to the circuit court for a.Change of receiver. The case may be in litigation even longer. The following Is the opinion in part: ''This is an appeal from an ordei appointing a receiver of the property of (}. Wash Hunter, at the instance of the plaintiffs, bringing the suit for themselves and all other creditors u ho may come 111 and contribute to the ex penses of the action. The (po stion is. whether die complaint and the ulhda vits on the part of the plaintiff am! the defendants presented such :i ease to the circuit judge, as warranted the appointment of a receiver either un der the assignment act of this state or on the general principles of law as to fraud. These stated in short are the allegations of facts made in the com plaint: "Indebtedness by Hunter lo (he plaintiff of $1,428.00, ami interest rep resented by two notes, dated 1*Till April 1908, and 23rd July, 1908, due r.th No vember, 1?UX, which Hunter refused lo pay; Indebtedness to other unseen red creditors named, amounting lo - too and large indebtedness to other per sons; the execution by Hunter of mortgages to his sister. Mrs. lOvaus, which was alleged to he without ad equate consideration ami void under the statute of RJIlKltbeth and under Ilm assignment act as follows: for $8.1. on 625 acres of land, dated Isth Octo her. 1907, and recorded 25th October, 1!t07; for $2,000 on I To acres of hind, dated I9tll November. I!mi7. and with held from record until b'tli November. 1908; for $1,250 Ml 800 acres of lain', dated (1th November, 1908, recorded 10th November, IH08; the execution of a mortgage to Cole L. Mease for $l,uoo on 800 acres of land 14th November. 1008, alleged to be invalid as a prefer ence under I he assignment act; Hun ter'fl disposition of 'the greater por Hon' of a large crop made on the land I covered by the mortgages, and his fail lire to apply the proceeds to the pay I ment of debts made in the production I of Hie crop, and his placing lite pro ceeds entirely beyond the reach of creditors; the claim by Hunter that he | bad transferred all his live stock to his sister, Mrs. KSvnus, and (he entire warn i of consideration of sm h transfer; a I statement by Hunter that he has no money derived from his crop or other Wise, and no property from which Ills Creditors can collect their debts, and | that he is totally insolvent; Munter'.' failure while refuting In pay his debt to give any account of the disposition i of the proceeds of his crop of the ve.o- , 1908; the actual Insolvency of Hunter, If the mortgages of his land and the i transfer of his live slock ate allowol to stand; the conviction of Hunter of manslaughter, his sentence of eight years to the penitentiary, and his de sign to reduce all his assets to cash and leave the state for parts unknown in case his appeal should fail; the purpose of Munter to place other liens on this property in fraud of the rights of creditors; the great value and high state of cultivation of the lands, and the apprehension of the plaintiff that the lands and other property will fall under the management of Mrs. Evans am! thai she ?vill use them for the hen etil of Hunter without regard to lie right;; of creditors. , ? ln tin' verlPeation made hy .lames M. Itlaii'. agent of plaintiff, it is said thai all the allegations contained in the complaint are made on information and hellet, except the allegations of the incorporation of the plaintiff ami the indebtedness of the defendant to the plaintiff. The complaint is silent as to the sources and character of the information from which alllaut's be lief is derived; but the verification contains this statement on the sub ject: 'that the source of information and grounds of belief upon Which the other allegations of the complaint are made are information derived from the clerk's olllco at l.aureus and cor respondence of tin* said defendant. CJ. Wash Hunter, anil the statements made t<> deponent by the said defend ant. (!. Wash H?ntel', personally, in a conversation recently had with said defendant about this debt.' "There is nothing to show that an; information was derived from the (derk'S OlIICO, except the fact of til ? recording of the several mortgages not oui; the contents of the letters of '?the defendant are not stated ami the nature of the eonversatlon between 'he alliunt and Munter is not disclosed. Hence we think it is true, as contend ed by counsel for appellants that If we look lo the complaint alone Kllf llcienl facta are not brought before 'he court from which the court could reach its own conclusions that HlO inferences and conclusions slated in the complaint were well founded 'There are, however, .statements of fact 111 the separate allidavits submitted tending to support |ho charges set out in the cot 'plaint. "We have set out I It o showing on inch sub- with staue fullness because the case Involves not only a serious issue lo the parties, but also an impor. tain principle of law relating to the appointment of receivers. In addition 10 providing, for special conditions in which receivers may be appointed, sec tion 20a of the code of procedure gives the old prat Ice tin' force of a statute by the enactment that a receiver may be appointed In such other cases as are now provided by law. or may he in accordance with Hie existing prac tice, except as otherwise provided in this code of procedure.' The first ln pilry is. whether the record shows a ease warranting (he appointment of a receiver, under the general jurisdiction and prat ice of the court of equity aside from the special provisions of the code of procedure and the assign ment ai l The taking of property from the hands of owner;; ami placing it in the hands of a receiver has been a! Wfi.VH regarded by the courts a severe remedy to be applied with great can lion, ami the statute of 1001 expressly provides for appeal from an interlocu tory order for the appointment of a re ceiver. The Court's Conclusion, "When a business man. merchant or manufacturer or farmer, disposes of large resources and then, professing ilo have nothing, leaves his debts (in* I paid, ami sets his creditors at arm's length by refusing lo give any account of bis properly or to take any interest li) the satisfaction of their claims, the court is warranted in drawing the In ference that there has been a fraudu lent disposition of the property. Thus it seems to us on the facts here. They may all be explained away, and the de fendant HuntOt' may on the trial excul pate himself entirely. All that we hold now is that a prima facie case of I fraudulent disposition was presented to iho circuit judge, warranting the appointment of a receiver. This con clusion makes it unnecessary to dis cuss the assignment act. "By Ihe last exception ihe defend ants complain that the circuit judge erred in appointing 'the agent ut the plaintiff as receiver, and in not allow ing and receiving any showing from the defendants-appellants as to who should he appointed such receiver.' The rule is that the court ought to up. point a receiver entirely impartial. here may he cases requiring a de parture from this rule, hut we do not think this is one of them. Nothing Is alleged against the personal character or Illness of Huff, who was appointed receiver, hut he was one of the agents of the plaintiff actively pressing it: claims against the defendant Hunter and seeking the appointment of a re ceiver of his property. No special fit ness or peculiar circumstances are shown which might justify the ap pointment of one so closely connected with one of the parties in interest. Por these reason;;, the present receiver should he removed if the defendants should he advised it is to their interest that some other pci'SOU should he ap pointed in his stead, it may he well to say that of course no action of the present receiver which was proper for a receiver to take would he invalidated by the change. "The Judgement of the circuit court is tilllrtned with leave to the defendant to move before the court for I lie re Illoval of the present receiver ami the appointment of a disinterested person in his steatl." till: CASK (IF HICHAM. Georgia Newspaper's View of the Georgetown lu'oir. A short time ago in one of the lower counties of South Carolina two men were tried for the killing of a woman who was the wife of one of these men. Investigating a muse they heard oul of dooi'S the two men discovered a figure in the dark which retreated be fore them, ami on the suggestion of one of these men the other fired at the retreating figure, and brought ii down. It proved to he the wife of his friend who had urged him to shoot, and the shot proved fatal. 'fhe parlies were all of high social Standing and there were peculiar ctr cuiustanecs uboul the killing which were not unraveled at the trial, lilll the guilt of these two IU0II was proven as to these facts of the killing, ami they were convicted of criminal can' lessness. A sentence of three years and six mouth.-; in the penitentiary was pronounced upon each of them. Notice of an appeal for a new trial was given, ami as is usual in such cases Ihe prisoners were let out on bond pending this appeal, 'fhe judge fixed the bond at $l,fiO0. 'fhe time al lowed by ihe law lor the filing of the papers in the appeal case passed with out such papers being presented which lapsed |helr right of appeal : iid made the sentence of lie court Slillld. \lift then it was found thai one ol the ? convicts, the husband "i 'I.e woiiiaii who had been killed had ubsi lited himself Ills friend and partner in crime was taken in custody to heg in the service of his pri. on term, bill the man who had given the order which resulted in Ihe Killing of his wife had jumped his bail ami Was nowhere to be found. His mother was his bondsman and the prisoner'*- escape by this forfeiting of his bond was not unexpected 'l ie Columbia State, speaking of tin- i says that the new:, of IMgham's jump ing his small bond is not in the least surprising io it Nor Is It lo any one who will i hink a mitlitte, \ Tl e Slate says, "a dollar ami tweiil ? < ? III a day is not mm h io he paid io a doctor to keep oui of the penitentiary, particularly when his family litis means to do the paying, livery day in Columbia negroes pay at the rale of one dollar a day to keep off the cbaitlgaug, When the bond was an llOltnCed we feared South Carolina would lose Blgham'S medical services on the Slate farm. Who helleVeS thai |UStIce is done by the payment of that bond, ami the escape from other pun ishment Echo answers "Who?'' fhe Augusta Herald. Mime in Saw Mill At Mltlulghl, unmindful of dampness, dial's, storms or cold. W. .1. Atkins worked as Night Watchman, at Manner Springs. Tenn. Such exposure gave him a severe cold thai settled on his lungs At last he had to give up work He tried many remedies hut all failed till he used Mr. King's New Discovery. "After uselng one bottle" he writes. "I went hack to work as well as ever " Sever - Colds. stubborn Coughs. Inflamed throat ami sore lungs, Hemorrhages, Croup ami Whooping Cough gel quick relief and prompt cure from this glorious modi cine. Hoc and $i.00, Trial bottle free, Runrrautced by Laurcns Drug Co, ? Bnlmolto Drug Co, PRI.NCKTOS OHSHRYKl) ? IM: 1> \ V. Two Rooenl Marriages New Itcsitlcnt IMij sicinn Expected. Princeton, Nov, 27, Thanksgiving was observed ii? a certain ?? \n? 111 in our inv. n. Schools wore closed ami Prof. Cork am! Ml t Arnold loft for Iholr respective hoiues in ho with homo folks. Mr. ami Mis. T. II. Carter SpOlll Thanksgiving in Hone Path as guests of Mrs .1. 10. Allott. K Mr. ami Mrs. Charlie Tai/ior of l.au reus spent t? ??- holiday with Mr. John Taylor. There were two marriages at tin' Methodist parsonage recently, Rev. Mr. Spoor olheialiug. On Nov. ii. Mr. Stanley Raines and Miss Mamie Wlutt ami on Nov. 21, Mr. It. Harvey ami Mrs Chapman. Mr. il. II Uldgewu> lias moved in the Allen house. One still hoar rumors of tin- rail road ami We hop)1 lo gel il in the near fill iii -'. Our town i:' progesslng.. Some Im provements are going on. Me - i: W. M. Woods ami W. II. ('aiier are remodeling their residences. In. Itritl of Troj may locale here for the practice of his profession. Mi h Pearl Ah i'u, ii eulei luined a few of liei : ni friends Friday even ing. Me: si s Thomas Freeman and Itoli. en ltidgewa> have gone to Cloiuson to si>enii a lew days with iho former's hrothor II. A. Freomati. Mr. Herring, an aged citizen of this section died suddenly Thursday morn lug. lie leaves a wife and one daught er j sj?."?0 l-'or Transporting. .lohn Hary a negro railroad hand, pleaded guilty in the mayor's court Saturday to the charge of transport ing whiskey and was sentenced to serve a SO day's sentence on the conn ty chain gang or pay a line of $.">o. (Jury w as a i re.-1, ,| Friday night by special Constable Sullivan. ONLY ONE. The llecord in I.aureus Is a I'lihpic One. If the reader IpiS a ' bad back" or liny kldliev ill and is looking lor relief and (dire, better depend on the only remedy endorse*! b> people yon know. I loan's Kidney fills relieve ipiicklv cure permatieiltly, I.aureus citizens testify to this. Here is a case of ii : W. C Khdielberger, I IW. Main St . I.aureus. S. C . says: "I shall always be glad lo av a good word for Don it's Kidney I'iilsi a- they proved of great benefit io n-e severiil limes being o bilged lo lay off from Work on account of il. There was also a dull, heavy ache across my loins ami when | caught (old ii alwayt settled in no kidneys, greatly Increasing my suffer ing; The khlnc.v secret hiiiS were too recipient in pttssage and on this ac count I \ . obliged to arise several line ; ! night. After trying immer mis n :i dii without boiiollt, I was led to use lioiin's Kldiiej Pills, by reading of the cure! which iliev were perform Inf I |ii oC ii ed it hox at the I'alniello I",,. Co, und began using lliotll. They lielild vet> sal istaetorily in my case anil I did up I have to take them long before :, , nmplctc cure resulted. I htlvl e anyone hiiVliig kidney trouble ;., ;?!.' I'o : i lo give this teinedv a I'm ii|e hy all dealer.;. Price T.n cent 1 ?? ler- Milbui'ti Co., UulTnlo, \'ew Volk, solo iigeiil> f"i the I'niled Iteliieml r I he luiliul I loan's - and Trespass Vollce. \? per i i?s are hereby forbidden nu ll"'- iii ic It; lo trespass or to hunt on He- It i i! ot ine undersigned, the siliiio M. T Simpson Iv (I Daveiipoi t. i. i: l)nvenjioit. i av lor fJraut. 10, w. Plnsou, M i: I'mson. ('rot s Hill. S. C. ( lllllloil fur Letters of tduilllislrtllloil, The Ktiite of South Carolina, Coillity of 1,aureus. I ty o. 0, Thompson, Probate Judge. Win rt'tu . <' tt*. (lit 11 ei i made suit to in.', to grant him letters of Admin* Istrailon of the estate ami effects of W. ii. oartetl; These are therefore, I'd cite ami ad monish all ami singular Ilm kindred and Creditor* of the -.id W, II. Oarrett. deceased, thai (hey be ami appear be* for,- lite in the Court of Probate, to ho held ai I .uureii <'. II S <'.. on I he 0th day' of December. lOmi, next, after publication hereof. ;.t II o'clock in the forenoon, to show cause, if any they have, whv said Administration should not be '.'runted. (liven under my band tins 2}i(h day of Nov ember,Anno Domini lOOO. Oi O. THOMPSON', .1 I*. I., c. See our display of Fancy china, consisting of a beautiful line to se lect from. 8 M ,v R H Witk's & Co Real Estate Offerings 200 acres of land six miles of Lull rens. known as the Jerry farm: ItUH good dwellings and outtaiildings; well supplied with tenant houses: has. line pasture. 'Phi;; farm is nicely located and is in state of cultivation well a dapted for grain and cotton; price $7,000; terms made easy; Will also sell the stock consisting of mules, cattle, ami funning tools at reduced price to any persons desiring to purchase this farm. Sit acres of land close to lleulall Church on the dividing line of (?reell Villa ami I.aureus with an eight room dwelling, one tenant house, also good oni buildings ami tine pasture, This place is known as the Thadden: Itabh homestead; Price $;'>;'? I per acre, terms made easy. I0JIV& acres of laud near Warrior creek church with live room cottage two tenant houses ami line pasture. This is a line farm nicely located and well improved; price per acre Terms made easy . One lot on Main street, close to |lie Public square; six room, modern dwelling; water, lights ami sewerage. A nice home. Price $5,000. 2-IC acres of land in Dial's township, known as the Capt. Svvit/er place; six room cottage, ;; tenant houses., line burn and outbuildings. Price $20 acre. '.?'-'?"i acres land near Tumbling Shoals; bounded by binds ol W. I), ami .1. (5, Sullivan; s room dwelling; good outbuildings. Price $22.50 per acre. '.'.'S.', acres laud hounded by lands of Daniel South, Davis land. .Miss West and others, known as the f?llen Lark home; lead. 7 room dwelling and :'. ten ant houses. I'rices made right, Terms easy. 71 acres on Reedy Liver, hounded by lands of .lames Downey, Will (.'aid wi 11 ami others. With lenanl boil e, Price, $20 per tie re, Terms male easy, acres of land. (I room cottage nicely located in tin' town of Gray' < ill' It. Wild olie Of the liner;! Wells, of water in town. Price, $2,5100, v room dwelling, on Centennial St . Clinton, S. (' . with SI handle,Ii h ? 01 an acre of land., known as (lie (Jrillili place. Price, ? 1,000. 50 acres of land in Poll III u! It Int.. nicely located; price. $2,(100. 225 acres land -I miles of Cro Mill, known as the old Camphell place. Price $15 per acre. lOasy terms. 50 acres of land in town of Lauf oni, with tenant lions, at $50.00 per no re. L*uu acres of land near Dm hin Creek church, bounded by hinds of w. i Parks and I,aureus White; ;{ tenant houses, well timbered, good state of cultivation. Price $:<0.00 pei acre. " acres of land in the town of Wltlt inire, s c. nieeiv situated, suitable tot dwelling lots. Prlco, $i,ouo. 150 acres hind, one half mile of Dial church, with a handsome dwelling, It tenant houses ami good out buildings. Come ipiick if you want this place. I'i ice $50 per acre. 52 tier is of land just outside of the corporate limits of tue town of (Jruy Conn, with one tenant house. Price $50 pot' acre. Two act,- lot in the town of Gray Court, with 7 room dwelling, nicely located. Price $2,500, 1(57 acres ol" land bounded by lands M. II. Hobler, ?V. D. Aborcromblo, and others; s room dwelling, :t tenant houses, good burn ami out buildings. Price $25.00 per acre Terms; $1,000 cash, remainder in live equal instal ment'.. 175 acres known as old Coodgyn place, ha 8 room dwelling, ;i tenant houses, tine corn mill in good running order with . ?> horse wnlor power. Price $1.500. Terms made easy. (55 acres of land, with dwelling, good burn and out buildings, near OwlngS, Price $11,500; terms made easy. 1 I I acres hounded by lands of Jeff Davis and Herbert Martin; 51 good ten ant hoitscs, and good barn. Price $50 per acre, 1 10 acres of land, with live room dwelling, room tenant house, good out buildings, near Hickory Tavern, Sullivan township. Prlco $15.00 per acre. 117 no res of land near Cray Court, bounded by lands of K. T. Shell, W. I;. Gray; seven room cottage, flau harn ami outbuildings ami line past ure. Price $00 p, r ant'. S'J acti s, of land in one mile of the town of Cray Court, With two dwell ings. Price $|o por acre. :;18 uerea of land m ar Itabun Creek church. 8 room dwelling, three tenant house:,. Prlco $512.50 per nor6. (50 tu : in Dial township, hounded Ii : ml <>f Pink Heliums, Ludy Molt iei it. ('. w atiace. Price $l:ioo. I lo in res bounded by lands of Y. (' Heliums ami Mitchell Owens, in 51 mil. ol I.aureus; 2 dwellings ami out building . Pi ice $515 per acre. " non ?? in low n of Cray Court; nil ii building i lie, Pi Ico $500.00. 127 ncres land in Sullivan township, !) room dwelling, pood out buildings, 1 tenant house. Price $20 per acre. II Hi acres of land in Youngs township, II room dwelling, two tenant, houses, good hill n? I 'rice $2.250. 51? rich land I miles of I,aureus, bounded by land . Mrs. P.urgcss, Hob I'.rov.n, .Ino. Madden ami others; (5 ten ant hou < : 7 hor.se farm in cultivation. Will be cut into lots of KKl acres each. Pi tee ,'20 per a.Me. J. N. Leak Real Estate, Stocks and Bonds. Gray Court, S. C. Worn Women Women, worn and tired from overwork, need a tonic. 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