Newspaper Page Text
E~TABLISED 1865, NEWBERRY, S. C., TUESDAY ECEM 17 T EEK
, - - --- - - - - ---- - -
uuuntu I , itDD fntIUI
HAS BEN EXPOSED,
WAICANT5 iSSUE) FOl THi,tE ARiCST
Uolupany'e Oflicere lIavi Fledt--A oa, Owen
Eim1n ipur I1ae Notl g to dlo 'VIII, It.
sn o or '1ri 1llethodI Urcd
'I'he "agents" of the Amos Owen
Cherry Tree company of Henrietta,
N. C., have been multiplying. Many
of then in South Carolina were some
what surprised ye sterday to receive
a communication from this concern
that on account of newspaper attacks
against the concern, business
would be suspended one month to
allow unfriendly sentiment to die out.
Such an excuse as that prepares the
"agents" for the news received from
Charlotte last night: "Amos Owens
Cherry Tree company today indicated
9 the federal court for using
he mails for fraudulent purposes. It
a said the officers of the company
This concern was chartered under
he laws of North Carolina and an
mficital investigation has been in pro
ress there, with the result that the
hole business is declared to be a
jndle. The Observer of yesterday
gtains the following report sub.
ted by Franklin Sherman Jr.,
S. L Patterson, Chairman North
rolina Commission Controlling
' )r: In accordance with directions
ved from the crop post commis
I went to Rutherford county
nveBligate the charge of fraud
is had been made to us against
0i Owen Cherry Tree Com
doing business at Henrietta.
,paper gives an account of the
fiWQr done while engaged in this in
s'iving at Henrietta on the
ing of the 0th, I at once called
Mr. Jas. O. Simmons and Mr.
' +Bell, both of whom had pre
i sly written to Raleigh regarding
natter. In addition to these I
met Messers. F. B. Gaffney and
M. Roberson, all of Henrietta,
nd from them I secured the follow
ing history cf the firm, which they
all declared to be accurate as they
now remember it.
HISTORY OF THE FIRM.
Dr. Frank Bright (formerly of
Henrietta, now moved to Florida),
started the affair, and feeling soon
became strong against him in Hen
rietta, and about October 1, 1001,
he disposed of the matter, leaving it
to his father, Rev. T. Bright, who
had the company incorporated dur
ing October, and sold it. to C. D).
Wilkie of Rutherfordtoni, about No.
vember 1. Mr. Wilkie was the au
thor of an article published at about
this time, stating that the company
was on a firm basis and doing a le
itimate busmness (or to that effect).
e sold to Chas. Watkins of Henriet
a (?) and Geo. WV. Rollins, of For.
t City, about November 20, and
ey sold to M. C. (or C. M.) Paget
of Henrietta (?) or Forest City (?)
bout November 25th.
PINION OF CITIZENS RIEGARDING THlE
~ Mr. Jas. 0. Simmons, of Henrietta
hi experienie is that the
w ~en cherry will not bear
trees are transplanted fr'}m
tain; says he has taees set
rears n'go which have never
.'He .denounces the lirm as a
z.1. B. Qaffney, of Henrietta,
ares it to be his opinion that it is
nd, and, as. showing that the
~sold are not Amos Owen cher
he says that he heard Rev. T.
t say that he had purchased
trees from Mitchell county.
J. 0. Bell, of Henrietta, is sat
that it is a fraud, having seen
from pdor girls and women
were refused the compensation
dto by the company, af ter such
n bad apparently fulfilled their
of the contract, says the good
le of Henrietta are ashamed of
affair, and want the conpany
en ant of business; s.ays the
pany 'has not ~he confidence.of
people of the ommunity; says
hias seen lettersa m agents at a
u i)W COUI not get toir pay,
but when such claims woro pro
seuted by some one in town or in
the vicinity of the company, it would
be paid; says the reason evidently
was that they feared the people of
the community would take action,
and so paid claims rightfully pro
sented by them, but would (in some
cases, at least) ignore them when
sent from a distaneo.
Rev. H. H. Jordan, of Henrietta,
says he met a Mr. Long, near Bos
tic, who said he had just been out to
show some people where they could
find sprouts of cherry trees in a field,
which sprouts ho had sold to these
men, who were buying them for the
company, but it was done without
his consent, that he does not endorse
the company, and that he does de
nounce it as a fraud. Mr. Jordan
agreed to send me lettorf which he
has received regarding the com
Amos Owen, of Oak Spring, (can
not read or write, I am told), says
that the last sprouts he sold from
his orchard were sold soie time ago
and that altogether ho had sold less
than 1,000 trees (in his opinion.)
He thinks that some have been taken,
but it was without his consent, and
he wants it stopped. He says he is
confident that they get trees from all
over the country without reference
to place, or kind of cherry; says the
use of his name is fradulent, as he
has never authorized it, and has
serious objection to it; says he has
no connection with the company.
ATTITUDE OF RMPLOYES, ETC.
Those in the pay of the company
showed an inclination to shield their
employers. On this account it was
with diliculty that the facts could be
learned at first hand. In each case
where the employe was approached
and he was aware of my errand,
statements were made which in cer
tain cases, I know to be absolutely
false. Employes who know my er
rand invariably declared that the
trees handled were only trees of the
Amos Owen cherry stock, either
from Cherry Mountain or from the
surrounding country, where "they
knew" that they wore Amos Owen
cherries. In my opinion each em
ploye who made this claim was
guilty of delil'erate falsehood, though
this is a matter which I cannot now
prove with the evidence thus far at
hand. It is satisfactorily proven to
me that omyloyes bought trees from
south of the 3econd Broad river, and
in this case they could not, in my
opinion, have been certiain in the ori
gin of the trees.
It is a fact worth noting that the
first man in the pay of the company,
who did not know my errand, and
wvith whom I hold conversation, told
me that heohad bought- a load of
cherry trees from Mitchell county
and said that they were secured in
old orchards or anywhere they could
be found. I myself saw these trees
delivered to the company's packing
grounds at Ellenboro. That same af
ternoon I inquired of the young man
in charge of the packing shed as to
the source of the same trees and who
promptly told that they were "from
the mountain." (Chberry Mountain
is the only one that can be referred
to, as it is the mountain from whence
all these trees are reported to co mec.)
After carefully weighing the facts,
I am moved to make the following
1. The absolute withdrawal of
the certificates now in use by the
2. 'Ihe notification of the post.
master general at Washington that
the company has been found frandn-i
lent with request that a fraud order
be issued for the following postoflces:
Forest City , Ellenboro, Caroleen,
Henrietta and Rutherfordton.
8. The notification of station
agents at the following points that
the company cannot legally shi p.
stock. Caroleen, Henrietta, Forest
City, Boetic, Rutherfordton, Moores
boro, Lattimnore and Shelby.
4. The publication of a condensed
account of the findings in every
daily and weekly paper in North
Carolina, and in the leading papers
of Atlanta, Columbia, Charleston,
ivortglk and Richmiond, with request
that the Itoiu be plubliHhod for four
COnsocltivei iksueH, if same can be
done without charges.
5. The publication of an account
of this affair ats ood as possiblo in
the bulletin of the North Carolin ia
department of agriculturo.
(3. The submission to the Govor
nor of the facts in the case, in order
that he may act according to hi s
7. The posting of notice of the
fraud in the postollicos of Forest
City, Ellonboro, Caroloen. Henrietta
It is my opinion that no effort
should be spared to make the fraud
known to every person. The fraud
has been practiced almost oxclusively
upon women and girls, mostly of the
poorer classes. It seems to rue that
the mn who have been the guilty
parties should receive all the odium
accumulating from their fraudulent
As it. is likely that those who have
had this company is charge will be
sued, it is my opinion that the crop
pest commission should do all that
it can to aid the aggrieved parties in
bringing the defrauders to justice.
Very respectfully submitted, etc.
LOOSE METHODS AT THE PACKINo SEEDS.
The employes at the sheds were
persons of no training or knowledge
of nursery matters. The trees were
bedded carelessly and the only label
ling was indicated by a tag marked
"It" or "B," to denote whether the
trees were to bear red or black fruit.
How this labelling can possibly be
accurate I cannot conceive.
The trees are sorted into two
grades, to go by mail. I secured
samples of both grades, which I am
sure are every bit as good as the av
Nrage. Specimens of the smaller
grade measure less than two feet in
length, and of the nine specimens in
my possession, the trunk of none is
as large as an average-sized lead
pencil. Those too large to be placed
in this class are sent by express.
Many of the trees are misshapen
and injured by abuse in the packing
sheds. Of the th) three samples of
the larger trees, two have had the
bark slashed in careless trimming.
In most eases the roots are roughly
broken, which leads me to believe
that they were pulled from the
ground by sheer force. All the trees
shipped bear a tag marked "Amos
Owen Chenry Trees."
On an average the trees are smaller
and more deformed than would be
sold by any honest nursorym]an.
Added to this is the fact that they are
not Amos Owen cherries, as claimed.
USE OF cERTIFICATE OF INsPECTION.
What more directly concerns the
crop pest commission is the use of
their certificate in covering such stock
as hero described.
On September 6th I visited Dr.
Frank Bright in Henrietta and was
told by hirn that he did only a small
trade, and lie secured his trees from
the orchards of Mr. Amos Owen.
(My conversation with Mr. Owen
practically subtained this claim.)
We have had only one form of in.
spection certificate, which states that
the "nursery grounds of ---
were inspected," etc. I was obliged
to give this certificate to M~r. Bright
or prevent hlis doing a trade that
appeared legitinmate. Under the
circumstances an efficient inspection
was out of the question, therefore
the certificate was given without such
inspection, with the further under
standing that in future he must have
tile stock for sale for the year bedde.d
in his garden, so that it could be in
spected. After thns securing the
cirtificate, Mr. Bright began the
frauduilent proceedings here exposed
and the cirtificate has been changed
from party to party to the present
time without the consent or knowl.
edge of the crop p)est commission.
PREsENT STATUS OF THlE FIRmM.
At tihe time that I began the in
vestigation, Friday, December (1, I
was informed that Mr. M. C. (or C.
M.)Paget was owner of the concern.
On Saturday, Decemher 7, I heard
that he hpa disposed of the r'emain
On Monday, Denemh. 9, I na1led
at Forest City (then the mail office
of the company, and may still be,) to
see Mr Paget, but was told that he
had gone to Rutherfordton. In this
connection it may be that Mr. Paget
had had time enough so that he
could have learned of my presence
and also, that I am informed that
the corporation papers of the concern
wore drawn undel the direction,
supervision, or other guidance of a
certain Ruthorfordton lawyer, or
INDISPUTABLE EVIDENCE 00 FRAUD.
The main evidence of fraud
brought out by investigation are as
1. Non-payment of agents. 2.
The inferior quality and grading of
trees. 6. The false statements of
employes regarding the scources of
trees. 4. The false claims made by
the company in its circulars. 5.
The frequency with which the owner
ship- of the concern has changed
hands. 6. The direct fraudulent
dealings of the company in purchas
ing trees from distant sources
(Mitch( county), and having such
trees shipped under the label "Amos
Owen Cherry Trees."
SKETUIIs OF AlMY LIVE.
Interesthag Iucidents of the Oivil War Ro
Inted by * X. Con. Fed", a Member
of Third 8. v. itegnent.
[Written for The Herald and News.]
We were relieved about night by
other troops who did the fighting
next day (May 1st, 1862). These
troops held the enemy in check A:l
day and enabled Gen. Johnson to
get all his wagon trains out of the
way. Then we acted as roar guard
of the army for a day or two. Our
regiment reorganized near New Kent
C. H1. Capt. J. D. Nance was elect
ed Colonel, Capt. B. C. Garlington
Lieut. Colonel and Adjutant Drayton
Rutherford Major. Y. J. Pope was
made Adjutant, Capt. S. N. David
son was re-elected Captain of Co. B.,
T. H. Gary 1st Lieutenant, Thomp
son Conner 2nd Lieutenant and M.
P. Buzhardt 3d Lieutenant. Lieut.
T. J. Lipscomb, with quite a number
of our men went to the cavalry.
We moved south of the Chickahom
any river and took position near New
Bridge. We were at this place when
the Seven Pines battle was fought.
We wers moved to the field that
night, but did not do any fighting.
We then wont back to New Bridge,
and from there to a position on the
York River Railroad in front of Fair
Oaks. Hero our regiment felt the
enemy and Willie Thompson, of Co.
E,was killed. I was on pielimt and
w as not in the skirmish. Lee crossed
the Chickcahomany and the seven
days fight was on. On Sunday the
29t.h of June, 1862, we commenced
to advance on the enemy at Fair
Oaks. They retreated, but just be
fore sundown we caught them at
Savage Station. Here they gave us
a deadly volley, killing 25 men in
the regiment and wounding a great
many more. Colonel Garlington was
killed here. He was a fine officer
and was sadly missed by his men.
The enemy retreated to White Oak
Swamp. A funny incident occurred
at this place. Kemper's Virginia
battery (a splendid artilery company,)
was keeping the Federals from cross
ing a road to reinforce the tioops we
were fighting when a regiment of
Georgia conscripts concluded that
Kemper's battery should be charged.
T1hey came charging up and asked
Kemper to surrender. Kernper had
to stop firing his guns to keep from
killing the Georgians. He finally
satisfied themi he was all right arnd
opened fire again on the F"ederals.
The Georgians charged him again
and he had to limber up and move
his battery to keep from killing the
fool Georgians. From that time
"Step to the 53d Georgia"' was a
wordl of contempt among the boys.
I was one of the detail left here to
bury onr dead. It took us all day to
b)ury our boys. We slept at the field
hospital that night and the next
morumg we went on towards the
The battle of Malvern Hill was in
progress, and finally in the afternoon
we saw a courier of Glen. Kershaw's
named Sheets. He was sklkting.
lt, told us our regiment was in the
fight.. The sorgeant in charge of the
detail said then that we would take
up camp until the light was over.
J. J. Gallman, of Co. C., and myself
insisted we should hurry forward
and join the regiment in the fight.
The sergeant would not go and for.
bid us going, and said he would re
port and have court martialod any
one who disobeyed orders. (Iallnan
and myself hurried forward to the
front just in timo to join our con
pan) as the regiment was moving
into the fight.. By the way, as wo
started in the fight I felt that I would
lose one of my arms. I did not got
hurt but my comrade, J. J. Gallman,
lost his arm. This was the hottest
place I was ever in and the most. dis
order. Our regiment crossed over
several lines of troops and finally got
to the front in a road in a short dis
tance of the Federal line whore
we could do good work and where
we had prototcion from the front.
Then a North Carolina regiment we
ha3 passed over opened lire on us.
Col. Nance sent our colors back by a
brave Laurens boy to let them know
who we were and the firing was
stopped for a short time. Thon they
opened on us again and we had to
fall back. McClellan fell back dur
ing the night and left the field to us.
I think the Federals concentrated
the fire of more artilery on one point
in this fight than at any other light
of the war. In a few days our regi
ment was sent forward to Harrison
landing. We captured a lot of guns
and a few yankees, for which we got.
a nice notice in the Richmond papers.
After staying around Malvon hill for
some time eating roasting oars, we
were carried back to Richmond. I
was sick and gave out before we
reached Richmond and I rode a few
miles in an ambulance. We took
the train to Hanover Junction, and
while Lee, Jackson and Longstreet
were fighting the 2nd Manassas light,
we would make a days marah towards
Frederioksburg and then back to
is still my headquarter;
and the older people i
kinds of Toys, Candie;
Chrstimas. Keep an E
R E li
war(1 1Man1asa88s 1111 1)a0k. (ion. 1).
11. lill had 118 in ehargo. Finally wo
were hurriod toward" Mlanat;tas amd
got to tho fiold a day or t wo aftor tho
light.. Wo woro fod ontiroly on grooii
corn, andl woro in a bad fix. We
paHOd t.hrough t ho bloody bat.tlo 1iold
and campod for tho night.. I was do.
Wailed tho next day a8 guard for el0o
wagonu to go u11p towardo tho m1ionn.
ta1in to hunt. whont. Wto found
whon' unld startod with it to at mill at.
Aldio. I had got. so110 honloy and
butter during tho (1ay but had no
broad. Somo of the boys had gotton
a turkoy. I wont to a house in Aldio
and aRkod for 8o1110 broad, at young
lady brought mo four largo biMcuits.
I asked the price of tho bitcits1H, Hho
Hai(1 8bo HuppoHOd $1.00 onehl wasa
enough. I hattndld her i $5.01) bill
and told hor to givo moo $1.00 in
change or anot hor biHeuit. Sho looked
at 111 inl aHtOnHm11111Olnt anld asikO(1 1110
to como ill ind got a (jutro 11101a,
that flour WasH only worth 3.1 cotti
)or 1)o11ud in COnfodorato mlonoy. 1
had to doolino but, hurried on to tho
mill and oat my biHcuit, btut.tor and
honey. Than we cookod our tu1rkoy
and had a (a 111m1a0 Mol Iiglain. w
marched ntil I o'cloc( that nlight to
got. our flour to t.ho b)yH and found
that tho good poopl of LoeHburl ad
comluillty had fool our part of 140,8
army. 14'. Conl. l"od.
AFTRiIC AN ACMY PO.ST.
Columbnita Vants it 1lilitury IC:talInlIntnut
M1ultiurnlu W'ill 'aku Nu hilex.
\Waslhington, )oe. 12.-Holltor
grain from Mayor KA,rlo of
Columibia, inquiring about, thtl
eHtabli1hmont of an army 1o1t, at
that pcint.. (ronvillo it after tho
samel thing. Semltor Ml.aur1ill H1ayH
he will work to havo an army poti
located in the Stato, i:'it. will lot tho
difforont citio8 press thoir own in
dividual c1ai1118 for it.
at Newberry, and I wai
too, that I am now filli
3, Fruits and everything
tye on his'store.
STATE 0" SOUTIL CAROLINA,
COUN''Y OF N I',W1ERRY--IN
Ann" E izabeth Witkcr, Hlenry Munroe
\Vick. . .Johrn I'. 'icker, Nancy P.
iu rahl N. l"'Ilk?r, and t1ar"g ret
(. Illarunon, l'laintill's,
Ainh'lia M. W kor, Defendant.
JY c))Itl" 01<1'i CUltT 111:L1.
In, I will sell at it bullic outcry before
the (<ort Il+euse at Newberry, between
tbe legal hoUre of sale, on the First
ionday In .annrtiy, 11)02, the follow
ing described lands:
1. All that t.ract or parcel of land In
Township 2 houniled by lands of Thon
as I,. Wicker, Mrs M. J. HJigg in, and
the residue of the estate of George
'eltl'ultin, deccased, containing twelvo
aeres, more Or less.
2. All that tract or parcol of land
1ying and being in 'Township)11 on the
waters of Second C'reek, having the
following boundaries, coursos and dis
tances, viz; coimmuncing at a corner
on Second C(reek and running from
i benece . 2 1-2 W. 39 72 chs. along the
line coon o the Koon and Boland
t.racts to i st.ake; froimi t,bouce N.
82 3-4 I. 25.30 chs to stako by rock;
thence S. 81i, W. E. 26.32 chs. to stake
i i; thence :38 80 to corneu' in road (Su
her Mill Itoad); thencO along said road
N. 30, E. In 00 U. to corner in road at,
old gatt(; thence H. 81i , W. 18.45 obm. to
stake; t.hence 9t, W. 33. (0 to Second
(Sreck; thence, alongi said cree to start
lg point; containigii one hundred and
lifty-tive anti thre.. ;enths a es, 1110mr
()r II'ss, boundcli by'IThomias 1,. Wicker,
I. I). Suber, M. If. l,ivin.ston, Wit
1a1m W icler, .\l-8. 12. (. Boo'or and
:3. All tt t IracL or p)lantatation of
lid lying and beinl;; sittatiLe in the COUny
ilnd Stuawnt.or foi'saiii oil wittol's of Second
i"reek, liollers' I(ret'l( and Ilroad river,
cOltaininl;g om' 11und1red and two acros,
ire or less, and boue Id by lands of,
'r formerly of .Jacob Wicker, Jolihr.ta
J. Suber ani by lands laid otY for John
1'. Wlcker, Iins per plat made by
Thos. M. I,ake, 15th Dec . 1888.
I'Terms of sdc: One third cash, balance
Oin a credit, of min and two years with
inte're"st fromi the day of sale to be so
cured by the hol of the )urchtsor and1(1
It mort.tage of tIh prei1ses 8 (sold, Wiii
leilve t,o t.he Iurehtiser to antlcipat.e
laynl'mts ino whole or lu pai't from time
I rrfilr ltLSeI' t.o I)ty for rll p1)Io' and
If. 11Il lK A TCI, Miaster.
A1asters ollico, 1)ec. 14, 11)01.
1t takos 111 ongatgod 00111)10 a long
t.imnn to say good night, but not half
aH long ats it takes t woman and her
callor to say good aftonoou.-Now
-t to tell the children,
ng his store with all
nice and suitable fo.