The Laurens advertiser. (Laurens, S.C.) 1885-1973, December 01, 1909, PART TWO; PAGES NINE TO TWELVE, Image 9
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. That feeling of weakness or helplessness will
' ot leave yon of itself, Yon should take Wine of!
Oardni, that effectual remedy for the ailments and
weaknesses of women. Thousands of women have
tried Cardni and write enthusiastically of the great
benefit it has been to them. Try ii don't experiment
'?use this reliable, oft-tried medicine.
TAKE
CARD UI
j 33
The Woman's Tonic
KTra. Rena TTarc, of Piere?, Fla., fried C'nrdui and nftorwar'd
wrote: "I was a stifToror from all sorts of female trouble, had
pain in my side and legs, could Hot sleep, hud shortness of breath.
"i suffered for years, until my husband Insisted on my trying
Cnrdui. The first hoi tit; gave mo relief aud now 1 am uluio?t well."
Try CarduL 'Twill help you.
AT ALL DRUG STORES