Historical Newspapers of South Carolina

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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 affirmed with modifications, the judgement of the cir cuit court in appointing a receiver for the property of G. Wash Hunter. The appellant was convioted of the killing of J. Klbert Copelaml in Laurens coun ty and sentenced to a term of eight .years in the State penitentiary, hul his case has been appealed to the United States supreme court in the criminal action. In the civil suit Hunter is given permission to move before the circuit court for 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 grew out of a suit brought by the Virginia-Carolina Chemical company for an indebtedness of $1,428. Hunter's ease has been up and down In the courts for several years, lie was tried for murder in Laurens coun ty and the case was finally moved to Greenwood, where be was convicted of manslaughter and received ;i sentence of eight years. The State supreme court overruled his appeal for a new trial and the ease 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 he would not have the money to pay them, and they applied for a re ceiver. The planting season has come a round again and no doubt Hunter and 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 pari: '?This is an appeal from an ordoi appointing a receiver of the property of (I. Wash Hunter, at the instance of the plaintiffs, bringing the suit for themselves and till other creditors who may come in and contribute to the ex penses of the action. The question is, whether ihe complaint and the nflidfl vits on the part of the plaintiff am! the defendants presented such a case 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 its to fraud. These stated in short ore the allegations of facts made in the com plaint : "Indebtedness by Hunter In the plaintiff of $1,428.00, and Interest rep resented by two notes, dated 27th April 1908, and 23rd July, 1908, due lath No vember, 1!>08, which Hunter refused to pay; Indebtedness to other unsecured creditors named, amounting to $5,200 and large indebtedness to other per sons; the execution by Hunter of mortgages to his sister, Mrs. Kvans. which was alleged to be without ad equate consideration and void under the statute of Elizabeth and under the assignment act as follows.: for $8,000 on <>2f> acres of land, dated isth Octo ber, 1907, and recorded 25th October, 1907; for $2.000 on 17i> acres of land, dated 19th November, I9i>7. and with held from record until 10th November, 1908; for $1.2f.O on 800 acres of lam', dated 6th November. 1008, recorded 10th November, 1908; the execution of a mortgage to Cole L. Dlease for $1,000 on 800 acres of land 1.4th November, 1908, alleged to be Invalid as a prefer ence under the assignment net; Hun ter's disposition of 'the greater por tion' Of a large crop made on the Innd covered by the mortgages, and Iiis fail ure to apply the proceeds to the pay ment of debts made in the production of the crop, and his placing the pro ceeds entirely beyond the reach of creditors; the claim by Hunter Una he had transferred idl his live stock to his sister, Mrs. Kvans. and the entire w;mt of consideration of such transfer; 0 statement by Hunter that he has no money derived from his crop or other Wise, and no property from whic h Iiis creditors can collect their debts, and that he is totally insolvent; 11 unter V falluro while refusing to pay his (lebt I to give any account of the disposition of the proceeds of his crop of the yon>" 1908; the actual Insolvency of Hunter, If the mortgages of his land and thu transfer of his live stock are allowe 1 to stand; tlx- conviction of Hunter of manslaughter, his sentence of eighi years to the penitetitiary, and his de sign to reduce all his assets to cash und leave the state for parts unknown in case his appeal should fail; the purpose of Hunter to place other liens Oil lliis 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 lauds and other properly will fall under the management of Mrs. lOvnns and that she will use them for the ben efit of Hunter without regard to the rights of creditors. , * ln tin- verWcntlon made by .lames M. Hlalr, agent of plaintiff, it is said thai all the allegations contained in the complaint are made on in form at ion and belief, except the allegations of the incorporation of the plaintiff and the indebtedness of the defendant to tin* plaintiff. The complaint is silent as io the sources and character of the information from which ufllnut's be lief is derived; hut the verification contains this statement on the sub jccl: 'thai 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 ofllce at l.aurens and cor respondence of the said defendant, ('?. Wash Hunter, and the statements made to deponent by the said defend ant, (I. Wash 1 hinter, personally, in a conversation recently had with said defendant about this debt." "There is nothing to show that an; information was derived from tie clerk's ofllce, except the fact of th> recording of the several mortgages set OUt; the contents of the letters of rtlio defendant are not slated and the nature of the conversation between the nflianl ami Hunter is not disc losed. Hence we think it is true, as contend ed by counsel for appellants that if we look to the complaint alone suf ficient facts are not brought before lie court from whic h the court could reach its own conclusions that the inferences and conclusions stated in (lie complaint were well founded There are, however, statements of fact in the separate affidavits submitted tending to support the charges set out ill the cot.?plaint. "We have set out the showing on >ncli side with some fullness because ?he case Involves not only a serious issue to the parlies, but also an impor , Inn! principle of law relating to the 'appointment of receivers. In addition ! to providing for special conditions in which receivers may he appointed, sec tion 2GH of the code of procedure gives the old pratlCO the force of a statute by the enactment that a receiver may he appointed 'In such other cases as are now provided by law, or may he in accordance with the existing prac tice, except as otherwise provided in ihis codfi of procedure.' The first In quiry is. whether (he record shows a case warranting the appointment of a receiver, under (he general jurisdiction and pratlce of (he court of equity aside from the special provisions of the code of procedure and the assign ment act. The taking of property from the hands of owners and placing it in the hands of a receiver has been al ways regarded by the courts a severe remedy (o he applied with great can (ion. and the statute of 1901 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 Io have nothing, leaves his debts un paid, and sets his creditors at arm's length by refusing to give any account of his property or to take any interest in the satisfaction of (heir claims, the conn is warranted in drawing the in ference (hat 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 Hunter may on the trial excul pate himself entirely, All that we hold now is that a prima facie ease of fraudulent disposition was presented to Iii? Circuit judge, warranting the appointment of a receiver. This con clusion makes it unnecessary to dis cuss the assignment act. "By the last exception the defend ants complain that the circuit judge erred in appointing 'the agent of 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 ap point a receiver entirely impartial. here may he cases requiring a de parture from this rule, but we. do not think this is one of them. Nothing is alleged against the personal character or litness of Huff, who was appointed receiver, but 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 properly. 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. For these reasons, the present receiver should be removed if the defendants should be .advised it is to their Interest thai some other person should be tip pointed in his slead. It may he well to say that of course no action of the present receiver which was proper for a receiver to lake would be invalidated by the change, "The Judgement of the circuit onurl is u111rmed with leave to the defendant to move before the court for the re moval of the present receiver ami the appointment id' a disinterested person in bis stead." tin: cam: of imnmi. Georgia Newspaper's View of the Oeorgeton u A ffalr. A short time ago in one of the lower counties of South Carolina two men wer<> tried for the killing of a woman who was (he wife of one of these men. Investigating a noise they heard out of doors the two men discovered a ligure in the dark which retreat) 1 be fore them, and on the suggestion of one of these men tin; other IIred at the retreating figure, and brought it down. It proved to be the wife of his friend who had urged him to shoot, and the : shot proved fata). The parlies were all of high social standing ami there were peculiar cir cumstances about the hilling which were not unraveled at the trial. Hut the guilt of these two men was proven as to these facts of the killing, and they were convicted of criminal care lessness. A sentence of three years and six months in the penitentiary was pronounced upon each of them. Notice of nil appeal for a new (rial was given, and as is usual in such cases the prisoners were let out on bond pending this nppeal. The judge Hxed the bond at $1,500. The lime al lowed by the law lor the filing <,:' the papers in the appeal case passed with out such papers being presented which lapsed (heir right of appeal and made i the sentence of (lie conn stand Vnd then it was found that one of those . convicts, the husband of the woman who had been killed had ubsi-iiled himself His friend and partner in crime was taken in custody lo begin the service of his prison term, but the j man who had given the order which resulted in the killing of his wife had jumped his bail and was nowhere to he found. His mother was his bondsman, ami (be prisoner's escape by ibis forfeiting of his bond was not unexpected. Tie' Columbia Stale, speaking of this case, says that the news of liighain's jump ing his small bond is not in the lea. ' surprising 10 it. Nor is it to any one who will think a minute. As The Stale says, "a dollar ami twenty cent! a day is not much lo he paid by a doctor lo keep out of the penitent iai v. particularly when his family has means to do the paying. lOvery day in Columbia negroes pay at the rate of one dollar a day to keep off the ohaingang. When the bond was an nounced we feared South Carolina would lose liighain's medical services Oil the Slab' farm. Who believes that justice is done by the payment of that bond, and the escape from other pun ishment 'I Roho answers "Who?" The Augusta Herald. Alone In Saw Mill AI Midnight. unmindful of dampness, drafts, storms or cold. W. ,T, Atkins worked as Night , Watchman, at Manner Springs, Tenn. Such exposure gave him a severe cold that settled on his lungs. At last he had to give up work. He tried many remedies but all failed till he used Dr. King's New Discovery. "After usnlng one bottle" he writes. "I went hack to work as well as ever." Severe Colds, Stubborn Coughs, inflamed throats and sore lungs. Hemorrhages. Croup ami Whooping Cough gel quick relief and prompt cure from ibis glorious medi cine. BOC and $1.00. Trial bottle free, gunrranteed by Laurens Drug Co, K Palmetto Drug Co, PMNCKTON OllSERVKl) THE DAY. Two Recent] Marriages -Xow ltcstdcut] LMiysIciau Expected. Princeton, Nov. l'T. -Thanksgiving , 1 was observed to n certain extent in our town. Schools, were closed and Prof. Cork Mini Miss Arnold left for their \ respective homes to bo with home j folks. Mr. and Mrs. T. II, Carter spent Thanksgiving in Hone Path as guests Of Mrs. .1. 10. Allen. Mr. and Mrs. Charlie Tayior of l.au rens spent the holiday with Mr. John Taylor. There were two marriages at the Methodist parsonage recently. Rev. Mr. Speer olllciating. On Nov. I I. Mr, Stanley Raines and Miss Mamie Whill and on Nov. 21, Mr. P.. Harvey and Mrs. Chapman. Mr. 0. II. Ridgewuy has moved In I the Allen house. One still hear rumors of the rail-'; road and WO hope to get it in the near future. Our town is progcsslug.. Some Im provements are going on. Messrs. W. M. Woods and W. II. Caller are remodeling their residences. <>r. I hilt of Troy may locate here for the practice of his profession. Miss Pearl MoCuoii entertained a few of her girl friends Friday even ing. Messrs Thomas Freeman and Roh. ort Ridgcway have gone to Clomson to spend a few days with the formor's i brother II. A. Freeman. Mr. Herring, an nged citizen of this section died suddenly Thursday morn ing. He leaves a wife and one daught er. ?.M> For Transporting, .lohn (Jury, a neuro railroad hand, pleaded guilty in the mayor's court Saturday to tin' charge of transport ing whiskey and was sentenced to servo a 30 day's sentence on the coun ty ?diain gang or pay a line of $."><?. Clary was arrested Friday night by special Constable Sullivan. i ONLY ONE. j The I toco I'd in I.aureus Is n Pulque One. If the render has a "had back" or any kidm-v ill and is looking for relief and cure, heiter depend on the only remedy endorsed by people yon know. Don it's Kidney Pills relieve quickly cure permanently. Laurons citizens testify to this. Here is ;> case of it: W. C. Eichelberger, IIa W. Main St.. Lnurens, s. c. says: "I shall always he glad to say a good word for I loan's ; Kidney Pills, as they proved of great hoiicOt to mo several times being o 1 bilged Io lav off from work on account I of it. There was also a dull, heavy ache across my loins and when I caught cohl it always settled in my kidneys, greatly Increasing my suffer lug. The kidney secretions were loo frequent in passage and on (Ills ac count I v as obliged to arise several limes ai night. After trying numer ous remedies without benefit, I was led to use lloan's Kidney pills, by reading i%( die on re; which ihey were perform ing, I procured a box at the Palmetto Drug Co. und |,egan using them. Thoy acted very satisfactorily in my case and I did not have to take them long he fore .-- ? mnploto euro resulted. I advise anyone having kidney trouble III tiny form fo glvu this remedy a thorough trial." For ah- by all dealers. PriCO !">0 cents Foslor-Mllburii Co.. liuffnlo, New 'link, solo agents for the United Slates. I.' im ml < r the name Don it's -and lake no oiher. Trespass Notice. Ali por.-;ons are hereby forbidden un der |ieiial(A io trespass or to hunt on I he land ol Hie undersigned, the same hav ill}! ii dlll.v posted. M. T. Simpson. I-). (}. Davenport. I.. 10, Davenport. Taylor ('.rant. 10. w. Plnson. M. 10. I'iiison. Cross Hill. S. C. Citation for Letters of Administration. Tin- State of South Carolina, County of Laureus. By o. <;. Thompson, Probate Judge: Whereas, C w. Onrfot! made suit to me. to grant him letters of Admin istration of the estate and effects of w. ii. (Inrrott; These an- thor< foro, to cSlo and ad monish all ami singular the kindred and creditors of tin- said w. II. Oarrolt, deceased, that they he ami appear be fore no- in the Court of Probate, to bo held at Palliens C. IL, S. ('., on the f?tli day of December. 1909, next, after publication hereof, at II o'clock in He- forenoon, to show cause, if any they have, why said Administration should not be granted. (liven under my hand tills, "uh day of November,Anno Domini 1900. O. 0. THOMPSON, .1. P. L. C. See our display of Fancy China, consist iiit; of a beautiful line to se lect from. S M & E II Wilkea & Co. | Real Estate Offerings L'O'.l acres of. land six miles of Lau rens, known as the Jerry farm; has good dwellings and outbuildings; well supplied with tenant houses: has line pasture. This farm is nicely located and is in state of cultivation well n dapted for grain and cotton; price $7,000; terms made easy; will also sell the stock consisting of mules, cattle, and fanning tools at reduced price to any persons desiring to purchase Ibis farm. S3 acres of land close to Heulah Church 011 the dividing line of Green ville and Laurens with an eight room dwelling, one tenant house, also good out buildings and line pasture. This place is known as the Thaddens llabb homestead; Price $:!:'? I - per acre; terms made easy. I03V& acres, of land near Warrior creek church with live room cottar.' two tenant houses and line pasture. This is a line farm nicely located ami well Improved; price $o."> per acre, Tei ins made easy. One lot on Main street, close to (he Public square; six room, modern dwelling; water, lights and sewerage A nice home. Trice $fj,000. 2-IC acres of land in Dial's township, known as the Capt. Sw it/er place; six room cottage, L' tenant houses, line barn and outbuildings. Trice $20 acre. '.?-:t i acres land near Tumbling Shoals; bounded by lands of W. I), and .1. 0. Sullivan; S room dwelling; good outbuildings. Price $22.50 per acre. \',T.) acres land hounded by lands of Daniel South, Davis land, Miss West and others, known as the Cullen Lark homestead, 7 room dwelling and :'. tin ant houses. Prices made right. Terms easy. 71 acres on Heedy Itlvor, hounded by lands of Jain OS Downey, Will ('aid well ami others. With tenant house, Price, $*-'<? per a< re. Terms ma le easy. 'iVi acres of land, <? room collage nicely located in the (own of Gray Court, with one cd' the linos! wells of water in town. Trice, $2,300. S room dwelling, on Centennial St., Clinton, s. c, with si hundredlhs of an acre of laud,, known as tin- Grllllll place. Trice, $1,000. 50 acres of land in Fountain Inn, nicety located; price, $2,000, 325 acres land 1 miles of Cross Hill, known as the old Campbell place. Trice $15 per acr ? lOasy te rms. B9 acres of land in (own of Lanford, with tenant hous, at $f>0.00 per acre. 200 aci'68 of land near Durbln Creek Church, bounded by lands cd' W. 'I Parks and Laurens White; ;'. tenant houses, well Umbered, good state of cultivation. Price $;io.uo per ucre, :: no res of land in the town of Whlt inlre, S. C . nicely situated, suitable for dwelling lots. Trice, $1,000. 150 ac res land, one half mile of Dial church, with a handsome dwelling, 3 tenant houses and good outbuildings. Come quick If you want Tils place. Trice $50 per acre. r.L' acr es of land just outside of the corporate limits of the town of Gray Coin!, with one tenant house. Price $.">0 per acre. Two aero lot In the town of Gray Court, wilh 7 room dwelling, nicely located. Trice $2,500. 107 acres of land hounded by lauds M. II. Holder, W. 1). Ahereromblo, and others; s loom dwelling, II tenant homes, good barn and out buildings. Price $25.00 per acre. Terms: $1,000 cash, remainder in live equal Instal ments. 0 175 acres known as old Goodgyn place, has S room dwelling, It tenant houses, lino corn mill In good running order wilh 75 horse water power. Pric e $1,500, Terms made easy. ('.". acres of land, with dwelling, good barn ai d out buildings, near Owings. Trice $3,500; terms made easy. I I I acres bounded by lands of Jeff Davis and Herbert Marlin; :i good ten ant bouses, and good barn. Trice $."i0 per acre. 100 acres of land, with live room dwelling. 3-room tenant house, good out buildings, near Hickory Tavern, Sullivan township. Trice $U>.00 per acre. 117 acres of land near (Lay Court, ho dod by lands of 10. T. Shell, W. 10. Gray; seven room cottage, lino barn ami outbuildings and line past ure. Trice $f,o per acre. s:? acres of land in one* nillo of the town of Gray Court, with two dwell ings. Tric e $10 per acre. IMS acres of land, near Uabun Creek churc h, 8-room dwelling, three tenant bouses. T: ice $:'.:2.a0 per acre. CO acres in Dial township, hounded bj land:' of Pink Heliums, Ludy Dolt nd It. C. Wallac e. Trice. $1,300. lio ncres bounded by lands of Y. C. Heliums and Mitchell Owens, In 3 miles of Laurens; 2 dwellings and out buildings. Price; $:i? per acre. in _ aci nice building town of Gray Court; ilto. Price $.700.00. PJ7 acres land in Sullivan township, i> room dwelling, good out buildings, 1 tenant house. Price $30 per acre. lno acre* of laud in Youngs township, 11 room dwelling, two tenant houses, good barn. Price $2.250. f? 17 acres land I miles of Laurens, bounded by lands Mrs. Burgess, Hob Brown, .lno. Madden and others; G ten ant houses; 7 horse farm in cultivation. Will be cut into lots cd' 100 acres each. Trice $20 per acre. J. N. Leak Real Estate, Stocks and Bonds. Gray Court, S. C. Worn Women IWornen, worn and tired from overwork", need a tonic. That feeling of weakness or helplessness will! ' ot leave you of itself. You should take Wine of Cardui, that effectual remedy for the ailments and. weaknesses of women. Thousands of women have tried Cardui and write enthusiastically of the great benefit it has been to i hem. Try it?don't experiment -use this reliable, oft-tried medicine. The Woman's Tonic KTra. Rena TTaro, of Pierce, Fla., tried Cardui and afterward' wrote: "I was a sufferer from all fiorU of female trouble, had pain in my side and legs, could not sleep, had uhoi tnesa of breath. "I Buffered for years, until my husband insisted on my trying Cardui. The first bottle gave nio relief aud now I am almost svelh ' Try Cardui. 'Twill help you. AT ALL DRUG STORES