The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-11-25
COURT OF COMMON PLEAS.
4 Lot of Business Disposed Of-The
Cases and Verdicts-PleaSed With
Judge Shipp.

The court Of common pleas tor
Newberry county remained in session
practically all of last week. The
Jurors were dismissed on Friday af-
ternoon. Judge Shipp, however, held
"a session of the court on Saturday,
when equity matters were disposed of.
The calendar at the beginning Of the
court had seventeen cases entered for
trial. Several of these were settled,
so that no jury trial was necessary,
and a number of the cases were con-
tinued.
The first case tried was that Of
James D. Tidmarsh against the town
of Whitmire The case has been on
the docket for several years. The con-
tention of the plaintiff was that several
years ago he deposited with the mayor
of the town of Whitmire the sum Of
$4,000 in cash as bond for the ap-
pearance of two men charged with
violations of the ordinances of the
town, that the conditions of the bond
had been met, and that he was entitled
to a return of the money deposited by
him. The town of Whitmire admitted
the money named being put up as a
bond, but alleged that the defendants
E. n11t
up were fined sixty-fve dollars, and
tnat Mr.. Tidmarsh had agreed to pay
the fines out of the bond money. The
town was willing to return to Mr.. Tid-
marsh seyenty-fve dollars of the mon
ey deposited by him. The jury took
the view that Mr.. Tidmarsh was only a
,bondsman, and found a verdict in his
favor for $4,000. Fred H. Dominick,
Esq, represented the plaintiff, while
the defendant was represented by H.
&c. Holloway, Esq, and Messrs. Blease
& Blease.
An interesting argument was aeard
by Judge Shipp in the case of Mrs.
Julia o. F. Parry VS.. South Eastern
Life Insurance company, on a ques-
ton of amendment of the answer Of
the defendant. This case was tried
once before by Judge Memminger, who
directed that the insurance company
should pay the amount of a
life insurance policy on the
life of the late J. w. Parry, to his
wife, the beneficiary of the policy.
The supreme court granted the appeal
of the insurance company for a new
trial. At this term Of court, the COM
pany wanted to amend its answer,
which request was granted by the
court. Fred. H. Dominick, Esq, at
torney for Mrs. Parry, gave notice
of intention to appeal to the supreme
court. So the case will not be
heard by jury until the legal cues
ton is first settled. Messrs. Haynes
worth and Haynesworth, of Green
vile, and Mesrs. Hunt, Hunt and
Hunter, represent the insurance COM
pany. Judge Shipp ordered that The
insurance company must pay Mrs.
Parry $25.C0 for the expenses of her
self and witnesses coming to the
court.
The defendant, in the case of M. M.
satterwh1te, plaintiff, against Her
Workman, defendant, pressed for
trial. but the plaintiff was not ready.
The court allowed continuance, but
provided that Mr. Satterwhite must
pay Mr.. Workman $4,000 for the ex-
penses of his witnesses. The plain
tiff was represented by F. H. Domi-
nick, Esq, while Mr. Workman's at
Ltorneys were Blease & Blease. This
case grows out of an alleged claim of
damages to Mr.. Satterwhite's woods
by fire which started on Mr.. Work
mans adjoining plantation.
On Wednesday the first case called
for trial was that O. W. c. Clough,
plaintiff, against Western Union Tele-
graph company, defendant. Mr..
Clough, who lived at the Oakland cot
ton mills, in December last, was sent
the following message by his brother,
who lived in the town of WATERFORD.
Edward is dead Come if you can"
When the message was received it
came marked from Waterloo, and Mr..
Clough went to that town, where he
expected to attend the funeral of his
nephew, young Edward Clough. The
nephew died, and his funeral was had,
in Walterboro. The plaintiff claimed
damages for mental suffering on
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