The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1911-05-10
IMPORTANT CASES
IN COMMON PLEAS
Cotton Case was Decided
i'm Favor Cf Plaintiffs.
MISTRIAL ORDERED
IN THE FOWLER SUIT
After a Two Weeks Session Spring
Term Laurens County Civil Court
Was Adjourned Saturday Afternoon.
New Trial Refused i'm One Case.

10 lne spring term oil the common
NPleas Court for Laurens County ad-
journed Saturday afternoon after a
session of two weeks, the last week of
the court having been held by Judge
J. w. DeVore, of Edgefeld.
Following the completion of the
case of John w. Fowler against Mrs.
Ophelia f.. Fowler, a suit ON notes ag-
gregating S2,27l, Judge DeVore over
ruled motion for ney trial in the
case of Griffin & Cooper. against j. NJ
Pitts & Brother, of Clinton.
After remaining out about six hours
the jury in the Fowler case indicated
to the court that no agreement could
be reached, whereupon at ) o'clock
Judge DeVore ordered mistrial and
directed that Court be adjourned sine
die
In some respects this case was one
of the most interesting if not as i'm
portant heard during the entire ses-
sion. Practically two days were con-
sumed in its hearing. and every point
and phase of the case was warmly con
tested from first to last. The suit was
notes, alleged to have been executed
in 1907 by the late DR.. j. r.. Fowler,
OF the county, in favor of his brother
John w. Fowler, the plaintiff in this
action. The notes were drawn for
$1,500 1928 and $l25, under separate
dates, each bearing the alleged en-
p-fforsement of Mrs. Fowler, widow OF
DR.. Fowler. and the defendant indi-
vidually and as administrators Of the
Fowler estate, in the court proceeding.
On ele witness stand Mrs. Fowler de-
MED having signed the notes or hav-
ing any knowledge of their existence
until a few months ago, or about a
year after her husbands death. Wit
nesses familiar with the handwriting
Of DR. Fowler and OF Mrs. Fowler We're
placed on the stand, and many of them
testified that the signatures were gen
uine and others sworo that they could
not be positive as to their identity.
Two bankers OF the city qualified as
handwriting experts and both admit
ted certain similar characteristics in
specimens of writing Of both DR. Fow-
ler and his wife as compared with the
signature attached to the notes i'm
question. but neither could swear to
their gcnuineness.
On the witness stand the plaintiff
explained the existence of the notes
and an account of $lIS, which was
included i'm the suit Several years
before his death DIR. Fowler was prac-
tcally an invalid and was unable
10 look after business matters ut all
times. AS a consequence the plain
tiff, who lived in town, looked after
business for him at this end, frequent
ly furnishing supplies for the hands
through the merchants here on writ
Acn orders from his brother to him
H2r the same, and many other ways
advancing money and paying off ac-
counts. This method of do ing bust
ness, he said, was imply to help along
his brother, who was in poor health,
and he knew he would pay ii, for DR..
Fowler was in good circumstances.
Finally he asked his brother to close
the matters up in a note, If he didn't
have the cash. This proposition was
assented to and Mrs Fowler endorsed
them. DR.. Fowler died early in Jan
uary 1910. For the reason that some
OF the notes would soon expire, the
plaintiff undertook to get Mrs. Fowler
to renew them this year. Getting lit
tie or no satisfaction on this PROPOSE
tion a suit was commenced.
Cooper &c Griffin, cotton dealers of
Greenville, were awarded verdict
OF $3.50 over j. NJ. Pitts & Brother,
OF Clinton The jury went to their
room on the case late Thursday after
noon and returned sealed verdict,
which was read to the court Friday
morning.
The case grew ort of one OF the
many contracts made by cotton mer-
chants and farmers for future deliv-
cry cotton in the spring of 1909 j. M.