The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1914-06-10
Clarendon Is Being Sued.

Tt will be recalled that mention va:
made in The Times of Madison Ce ntel
appIying through his attorneys Davis
and Wideman, for letters of admins
tration of the estate of Marion Cantey
who it is alleged was taken from the
custody of an officer while on the way
to Jail, and violently assaulted, which
resulted in his death. The letters have
been granted and the county commits
sioners have been served with the
summons and complaint to answer to q
suit for $4,000 damages. There have
been several lynchings in this State,
but we have never heard of but one
suit brought against county, that was
in Orangeburg, and this case has not
yet been determined. We are not sure
whether Judge Can direct a verdict
in case like this, if he can, then
there is a chance of the attorneys get
ting verdict, but if it is jury case,
it is our opinion, there will have to be
convincing evidence to justify q
verdict of 81, 900 against the county.
The papers are as follows:
State of South Carolina, }
County of Clarendon.
Court of Common Pleas.
Madison Cantey. as Administrator OF
the Estate of Marion Cantey, deceas-
ed, Plaintiff
against
Clarendon County, Defendant.
COMPLAINT.
The plaintiff, as administrator as
aforesaid, complaining OF the defendant
alleges:
1. That at the times hereinafter men
toned the defendant was aud still is q
body polite end corporate. duly Great
ed by and organized under the laws OF
this State.
2. That on or about the 22nd, day
OF February, 1918, Marion CanteY, a
resident of the County of Clarendon
and State aforesaid, was arrested under
a warrant issued by L. S. Barwick,
ESQ.,, Magistrate in and for the said
county of Clarendon and State afore.
said. on charge of assault and battery
with intent to kill, which 1t was alleged
had occurred on the night OF the said
day, and immediately thereafter the
said Magistrate held preliminary
hearing st Paxyille in said county: as
result OF which the said Marion
Cantey was sent up for trisl to the
court of general sessions for said coun-
ty, and between one and two o'clock OF
the night said day placed the said
Marion Cantey in the hands OF his con-
stable, Lawrence Barwick, to be
brought to the jail at Manning in said
county.
3. That about two o'clock on the
night of the said 22nd, day OF February
1918, while the said constable was pro
ceeding with his prisoner from Pax
vile to Manning, body OF men or
mob of riotous and disorderly persons
whose names are unknown to the
plaintiff, unlawfully assembled together
in the said county and state with the
sole purpose of taking the law into
their own hands, and summarily and
without the formalities OF trial and
criminal justice, destroying the life OF
said Marion Cantey, and Insurance
thereof, the said body of men OF riotous
and disorderly persons did, on the said
night of the 22nd, day OF February
1918, forcibly and violently take the
said,Marion cantey from the said con-
stable at or near Tindats Mill in the
said county OF Clarendon, and did then
and there with guns, pistols and other
deadly weapons wantonly, maliciously
and mercilessly shoot their intended
victim, the said Marion Cantey, until
he died. and that the said Marion Can
tey was at the said time and place
killed, murdered and lynched by the
said body or mob Of persons, and that
by reason thereof a cause OF action has
accrued against the defendant and it
has become liable in exemplary dam
ages therefor Of not less than two
thousand dollars.
4 That the said Marion cantey left
him surviving as heirs at law distribu-
tees OF his estate. his father, Madison
cantey, and his brothers and sisters,
Parker Cantey, Mary cantey, William
cantey, Thomas cantey, Washington
Cantey. cleopatra Cantey, Fladger Can
tey and an unnamed girl baby, all of
said brothers and sisters being infants
under the age OF twenty-one years, who
were greatly injured by the death OF
the said Marion Cantey, and for whose
benefit this action is brought, to their
damage two thousand dollars.
.. That the said Marion Cantey, so
killed, died intestate and that on the
Both, day of June 1914, the plaintiff was,
by an order OF the Probate Court for
said county OF Clarendon, appointed ad.
ministrator of the estate OF the said
Marion cantey, and thereupon duly
qualified and entered upon the duties Of
his Office and is still such administrator
Wherefore, plaintiff demands judg-
ment against the defendent for the
sum of TWO thousand dollars and the
costs Of this action.
DAVIS & WIDEMAN,
Plaintiffs Attorneys.