More Than ‘13,000 Defend-
isnts In lignor Cases
Are To w F
Waahlnrton, Feb. 5—The per-
lou charged "with violating the
federal prohiWtlon law and not
jret tried, or who has been con
victed and baa an appeal pending
In a higher court, will go free.
The Supreme court so ruled
t^ay In an unanimous decision
handed down by Chief Justice
Hlfhea.
Jmtlce department officials
said It affected upward of 9,000
eases Involving 13,000 or more
Judge Wilson Warllck, of New
ton, comes here in March.
ona.
Under the decision, cases
pending against persons charged
wHh Tlolatlag federal prohibition
I will ha Quashed. Those who have
convicted and have appeals
ponding will be set free. The
tiMlag, of course, does not affect
pnnons convicted of violating
state probthlUoa laWs.
Oosrvlcted Ones Not Affected
Nor, the court explained, will
n affect those convicted before
repeal of the federal prohibition
^amendment who are now serving
sentences. Attorney General Cum
mings declined to comment on
this phase of the decision until
he had had time to read it.
At the Justice department, it
^ was explained, however, that the
'J policy so far bad been to give
■ Mf^^YTy*****^ consideration to
'' ihr pardons from
■ those who had good records
ft aside trom their prohibition vlo-
f lations than to those from racke
teers and gangsters.
Today’s opinion was given in
passing on two cases from North
Carolina where Federal Judge
Johnson J. Hayes, of Greensboro,
ordered the discharge of Claude
Clltsibers and Byrum Gibson.
The Judge took the position that
he was without jurisdiction to
proceed u'ljth the trial because
the 18th amendment has been re-
^ pealed. This was in the face of a
plea of guilty by one of the men.
The government appealed to test
the question and determine the
status of the other thousands of
pending cases.
lioet Constitutional Rights
Pointing out that the 21st
amendment was ratified on De
cember 5, 1933, tbe court said
that "upon the ratification of the
,11st amendment, the 18th
amendment at once because inop-
fative."
“Neither the Congress nor the
courts could give it continued vi
tality,” . the decision added, ex
plaining that “the national pro-
• hibition act to the extent that its
provisions rested upon the grant
of authority to the Congress by
jath auendmnnt, immedi
ate fell wRh the withdrawal by
tMi^^^hople of the essential consti-
tut^al support.
, continuance of the prose
cution of the defendants after
r- the repeal of the 18 th amend-
yi msBt, for a violation of the na-
“ -tional prohibition act, alleged to
: -‘Ipae been committed in North
CarellBa, would Involve an at
tempt to continue the application
^of tbe statutory provisions after
they had 4>een deprived of force.
•**Thls consequence Is not alter
ed by tbe fact that the crimes in
4D90tb>n were alleged to have
been committed while the nation
al prohibition act was in effect.
The continued prosecution neces-
anilly depended upon the con-
tlnaed life of the statute which
the proaecntion seeks to apply.
In ease a statute is repealed or
rendered inopernUre, no further
proceedings can be had to en
force it In ending prosecutions
unleM competent authority haa
kept tbe statute alive tor
pnrpoee.’'
Saving Claase Void
The court could find no
' Stance In the government’# con-
' tontlon that CongreM had years
ago enacted a ssTtag dans andmr
which it conld eontlnne the
' proaecntlon of Uqu,or cases. It
ruM that the act relied on by
tbe government “conld only ap
ply to the ropeel of stantes by
Congtees and to the exerdse by
I tbe Congrees of its undoubted
4atborlty to qnnllfy Its ropeel
Pinal settlement with Sheriff
W. B, Somers for 1932 taxes
scheduled to come up at the Feb
ruary meeting of the board of
! county commissioners this week
was postponed until Tuesday,
February 13. Postponement was
decided upon in order to give
more time for completing a check
of the settlement.
Several other important mat
ters were held open until the next
Wheat Reduction
Checks Are Here
For Distribution
Adeline
to the
Twenty-Two Signers Of Con
tracts Receive From
$10.00 To $121.00
Wheat reduction checks for the
twenty-two Wilkes farmers who,
signed contracts for a cut in acre-1Superior court which
meeting.
.‘tdam Drake and
Drake were admitted
county home.
Ernest Herman Laws, of Mo
ravian Falls, was granted a ped
dlers license because he is a
World War veteran.
The board met with Clerk of
Court W. A. Stroud and Chief
Deputy Sheriff Oid Wiles and
drew the jury for the criminal
Paducah, Ky: . . . Miss Lurllne
Humphries, 32, sheriff of Trigg
County, Ky., announces "she will
do her duty” in the possible
hanging of two men for whom
the death penalty has been asked,
charged with assault on a 9 year
old girl.
Deputy Collector
Feder^ Taxes To
Stay Here 3 Days
age have arrived and are ready | convenes March 5. The term is
for distribution. County Agent A., for tv\'o weeks and will be pre-
G Hendren announced Tuesday^
afternoon. |
Mr. Hendren said cards advls-i**®*^’ Newton,
ing the farmers of the arrival of: Following is the list of ji}fy-
the checks have been m'STIbd out.'men:
Farmers must call at the office j First Week
of Mr. Hendren and sign a state-1 y o. Holcomb, North Wllkes-
ment that the checks were de- boro; W. A. Brown. Union; W.
livered. !e. Blackburn, Lewis Pork; C. W.
The checks, Mr. Hendren stat-'Lyen Traphill; W. F. Flynn, Ed-
ed, range from $10.00 to $121. I^ards; J. M. Gaither, Reddles
Only farmers producing wheat.Rjyer; J. A. Miller, Union; R. C.
for sale were asked to sign con- Xorth Wilkes boro; Spur-
Will Assist Taxpayers With
Their Returns (to Febru
ary 14, 15 And 16
tracts.
geon Haynes, New Castle; J. O.
H. R. Niswonger
Is Here
I Triplett, Elk; R. L. Lankford,
Today
WiH Speak To Frtiit Grow
ers This Afternoon In
County Courthouse
H. R. Niswonger. state horti
culturist with headquarters at
Raleigh, will speak to Brushy
Mountain fruit growers and oth
er interested citizens at the court
house in Wilkesboro this after
noon at 2 o’clock.
Mr. Niswonger will discuss
general orchard problems and
lead a general discussion with
reference to the spray schedule.
Plans will be made at the meet
ing for visits to orchards for a
demonstration tomorrow.
P.-T. A. Head To
Speak In City
Reddies River; M. D. Jolly, Trap-
hill; R. C. Wood, North Wilkes
boro; Dave Mink, Wilkesboro; C.
F. Bretholl, Moravian Falls; C.
H. Cowles, Wilkesboro; W. H.
Nichols, Reddies River; J. P.
Horton, North Wilkesboro; R. C.
Eller, Reddies River; W. L.
Sparks, Walnut Grove; W. M.
Wheatley, Rock Creek; V. M.
Day, New Castle; H. M. Broy-
hiU, Moravian Falls; J. H. Davis,
Stanton; J. I. Myers, North Wil
kesboro; R. A. Greer, Moravian
Falls; Millard Brown, Edwards;
H. C. Somers, Somers; Ellis
Woodle, Jobs Cabin; P. V. Lowe,
Moravian Falls; J. L. Garwood,
Wilkesboro; L. R. Harris, North
! Wilkesboro; T. H. Harless, Un
ion; J. R. Eller, Reddies River;
W. J. Templeton, Rock Creek; C.
H. Kilby, Moravian Falls; O. H.
Dillard, Mu'tberry; C. G. Crouch,
Edwards; W. B. Beaman, North
Wilkesboro; E. R. Minton, Lewis
Fork; L. D. Wellborn, New Cas
tle; Worth Sale, New Castle.
Second Week
Boss Blackburn, Edwards; W.
Glenn Dancy, depmty collector
of internal revenue for the fed
eral government, will be located
at Hotel On. Feb^gary 14,
115 and 18 to assist taxpayers of
|Wllkes in preparing their tax re
turns.
In the announcement of his
forthcoming visit, Mr. Dancy
stated that "if your net income Is
I $1,000 or over or if your gross
Income Is $5,000 or over and you
are single (or if married and not
living with husband or wife), you
are required to file a return. If
you are married and living with
husband or wife and your net in
come is $2,500 or over or your
'gross Income is $5,000 or over, it
I Is necessary that you file a re
turn.’’
I Returns for the calendar year
I of 1933 shall be filed not later
jthan March 15. 1934. A penalty
of not more than $10,000 or im
prisonment for not more than a
I year, or both, and in addition, 25
R. T. McNeill, prominent local
business man, was elected as a
mem,ber of the city board of com
missioners Monday at a called
meeting of the local board.
Mr. McNeill, who has been en
gaged In the bottling business
here for several years, succeeds
L. A. Harris who resigned In Au
gust of last year. Up to Monday,
the hoard was composed of only
four members.
Present at Monday’s session
were Mayor J. A. Rousseau and
Commissioners S. V. Tomlinson,
Ralph Duncan, I. E. Pearson and
J. C. Reins.
The regular February meeting
of th city commissioners was
held Tuesday evening at 7 o’clock
J. C. Reins, mayor pro tern, pre
sided in the absence of Mayor
Rousseau who was in Washing
ton, D. C. Other members pres
ent were S. V. Tomlinson, Ralph
Duncan, I. E. Pearson and R. T.
McNeill.
’The board voted to Increase
the compensation of John Lovette
for the removal of garbage from
the city from $28.00 per week to
$30.00 per week.
DOOBN, HaQaad: .. • . Wilheim
Hohenaritea, ioriMr Kaiser of
Gensaav/ ia saUs hire siaoe iko
World War, oolibratod his 7$th
hirtoday oa JaaBary ITtit aad ro-
Iqwri'tUo netat ptetaro to '
himMif stfU *'kalo aal hearty
Wilkes Baptist
Ministers Will
Meet Monday
Conference To Be Held At
First ^ptist Church At
10:30 o’clock
per cent of the amount of the
wtaw v/a
tax, is imposed by the statute for
failure to make returns on time,
Mr. Dancy said.
To Address Local Associa- H. Tevepaugh, Brushy Mountain;
tion This Afternoon In i^- Milam. North wilkesboro;
School Auditorium
iCockerbam, Edwards; J. M.
Founder’s Day exercises of the Cockerham, Traphlll; A. E. Shu-
North Wilkesboro Parent-’Tcach-
er Association this afternoon will
be featured by the address of
Mrs. J. L. Henderson, of Hick
ory, state P.-T. A. president.
The meeting will begin prompt-
jly at 3:45 o’clock. Besides mem-
I hers of tbe local association,
members of the Wilkesboro asso
ciation and many guests will bear
.the address of Mrs. Henderson.
I A Founder’s Day offering will
.be taken.
I Light refreshments will be
'served following the regular
meeting.
mate. Walnut Grove; L. EJ, Whil-
lips. North Wilkesboro; Caleb A.
Lowe, Moravian Falls; G. W.
Johnson, Bomers; E. M. Wiles,
Rock Creek; G. M. Alexander,
Rock Creek; C. W. Casey, Trap-
hill; L. 8. Biddle, Rock Creek;
T. M. Brown, Mulberry; L. B.
Myers, Mulberry; R. B. Pharr,
Wilkesboro; A. W. Greene, Rock
Creek; J. W. Ferguson, Moravian
Falls; Alonzo Anderson, Brushy
Mountain; J. B. Barlow, Elk; J.
T. Rogers, Moravian Falls; Mon
roe Marlow, Brnshy Mountain; A.
C. Dennis, Wilkeslmro.
that
•ab-
Complete Steam Distillery Outfit
Found In Basement Near City
(O^t^nned om tonr)
Deputy Sheriff H. C. Kilby and
Jailer B. A. Sheets destroyed a
complete steam distillery outfit
found in the basement of the
home of Dewey Anderson near
the County Home Saturday after
noon.
I The officers satd^ the distillery
, had been recently operated. One
barrel of fermented mash and
ifonr baitels of beer were also
i found in the basement. One and
one-half gallons of whiskey was
found.
Anderson, who was said to
have operated the still, was not
at home when the officers ar
rived.
The plant was most complete,,
the oftloers said. With rnnning
water in the basement and ade
quate equipment, the operator
had little difflenlty in menofae-
taring the whiskey.q
Furniture Show
At Rhodes-Day’s
Alt Missionary Baptist mlnls-
Land. owned by the city and lo-jj^ Wilkee county wUl-meet
cated outside the fairgrounds,^^ First Baptist church here
fence to the rear of the Wilkes I
Milling company was leased to j ^ ° ^ ® ^ morning
John Watts lor $12.00 for the'o’clock for an Important con-
coming yeair. | ference, it was announced yes-
The board adjourned follow- i
ing the transaction of consider
able routine business until call
ed into session
mayor.
again by the
Tobacco Growers
Contracts
S4[n
Wilkes Has 195 Fanners To
Agree To Reduce Crop
This Year
Wilkes tobacco growers have
co-operated splendidly In tbe |
Great Showing To Begin
Monday And Continue For
Next Two Weeks I
acreage reduction campaign and
195 contracts are ready to be
forwarded to Washington, it is
learned from A. G. Hendren,
county farm demonstration
agent.
The tobacco farms of Wilkes
are located In the eastern edge of
the county, adjoining Surry and
Yadkin. Mr. Hendren said gov
ernment checks totaling hun
dreds of dollars will arrive for
tobacco growers within 30 or 60
days.
Elaborate preparations for one
of the greatest showings of fine
furniture in the history of north
west North Garollna have been
completed by the Rhodes-Day
Furniture company, aoeording to
Mr. C. G. Day, manager of the
store.
A modern six-room home has
been built on the second tfloor of
the Rhodes-Day bnildlng in prep
aration for the showing.
IT h e Rhodes-Day Furniture
company today announces that
this extraordinary showing, of
furniture will begin Monday,
February 12, and continue for
two weeks.
During the two weeks, home
owners of Wilkes and adjoining
counties will have the opportun
ity to view a modern home,
eqnii^ed with everything needed
In the furniture line. There will
be several complete changes In
all of the six rooms.
Buyers for the local company
have been attending the (urp|k
Hearing Will Be
Held Wreck Case
Joines Boys Charged With
Death Of W. W. GambiO
In Auto Accident
Don, Dick and Joe Joines, of
Pores Knob, who are held In the
connty jail at Wilkesboro in con
nection with the death of W. W.
Gambill, of Cricket, In an auto
mobile, accident Saturday, will be
given a preliminary hearing be
fore Justice of the Peace Parks
tienderman in Wilkesboro next
Wednesday morning at 10
o’clock.
The Jq^es boys were said to
terday;
'The primary purpose of the
meeting is to form a permanent
organization. Baptist leaders
said.
The program for the meeting
includes a morning session, lunch
at 12 o’clock, an afternoon ses
sion and adjournment about 2:30
o’clock.
The Importance of the attend
ance of all pastors of the Bap
tist churches In the county was
stressed In the announcement.
Following is the program.
[ 10:30—Convene.
Devotional by Rev. H. A. Bul-
lis.
Reports from churches by .pas
tors.
Presentation of outline for the
sermon by Rev. Mr. Payne.
Completion of permanent or
ganization.
12:00—Lunch served by ladles
of First Baptist church.
Devotional by pastor to be se
lected. —
Address by Rev. Eugene Olive,
First Baptist church pastor, on
"What Is Right With the
Churches.”
General discussion and ad
journment.
Bill Dancy Heads
Wilmette B,YJ».U.
North Wilkrabero Boy Is In
stalled As President Of
Mars HiO Group
BUI Dancy, son of Mr. and Mrs.
(Jharlie Dancy, of this city, was
Installed as president of Win-
nette B. TT. P. U. at Mars Hill
a few days ago. ^,
Young Dancy Is a student at
Man HIU CoUogs and is making
a splendid record at that Instltn-
h.™UTSiii^'to"tto 1 «»»•
Ule with Gambill when the lat- he engages In a number of extra
ter waa fatally Injured. ' curricular activities, - .
tnre "markets for the Psst sevillA
t fed
weeks purchasing the latest
most modern fnrnltnre thiat
(Continued on page four)
First Meeting Of Com^ Epwoitk
League Union Will ^ Hdd Snndafi
'experienced In ^pworth Le&e}thelr coaduslon ^
Mr, and Mn, C. T. Donghton
returned Monday from- their ex
tendi wedding trip to tbe
and are now making tbsir faolpo
In the Donghton reeidenee in,
Wilkesboro. Before her marriage
to Mr.'v Donghton on .lannary 87,
Mrs. Donghton was^ Hiss Panline
[Tame^of Whistmi^alem.
TTie flrat meeting of the Wilkes
Connty Ih>vrorth I«agne oidon,
•which wns reoently organised,
will be hold at WUkesboro Meth
odist ohnrch Snnday afternoon st
5 o’doek.
IThe theme of the program will
be “Planning Progrnma for Social
Development.’’
be made on this;
work.
Otfloers of
Grady Chnreh,
Melville, vkis
tke nnton gre:
pr«|ldc«t{ Lonlse
prMideni;
Doris
Bumgarner, secret^; laa^
Pierce, treasurer: PaullnejBnm-
garner, pubHoity Sup^ntendsnt.
It Is ptnamed to every
Several Ulkn wilt Lniigne to^thu «B»tr is
«inihh^jof
Miss Leota Childress
ber 30, will attempt tp.-^seonre
their release on bond^.-request a
preliminary hearing bef^t a
Justice of the peace or await the
findings of the grand ^ury at: the
March term of Superior court,
has not been revealed by their
counsel.
Solicitor John R. Jonsg^yAo
was In bed yesterday with a
de^ cold and conld not be reach
ed by telephonei, -iMg alreei|' In
dicated that he wllf’^ vlgMwisly
oppose 'any efforia to allpw any
of the Tilleys bond.
Tbe (Ire who have been im^Jnil
since the prelimiitayy hearing
Saturday are W.
60, his wife, 59; hls'aon, Lniber,
aged 32, and Clyde, aged And
Lather’s wife, aged 80, '
Solicitor Jones, whose investi
gations resulted In uneovering
much new erldenqs foliowlag.tiM
aHeged slaying, 4k&nonnced fen-
day that he would give the grand
Jury a bill of IndJatment contain
ing four counts against them:
1. Cionsplracy to murder Leota
Chlldrees.
2. Aiding and abetting In mur
der.
3. Murder.
4. Accessory after murder.
Detectives are still working on
the case and Solicitor Jones ia
aiding them In gathering aU the
facts possible.
The Tilleys’ side of the tragic
affair was reUably stated this
week!. The statement of Rev.
Levi McCann, father of Mrs. La
ther Tilley anthn veteran Wilkes
minister, tenijlktO' clear Lather
Tilley of the actual murder of
the girl. ’
Rev. Mr. McCann is quoted as
saying that he went along with
his son, Jim McCann and Lather,
on their hunting expedition tha
morning of the murder and 41^
Luther ’Tilley was not withth 150
yards of the W. W. Tilley home,
where the girl’s lifeless body
found by Kelly Brown' qpd Hkth
Tharpe, until ’Tharpe"called v t6
Lather.
Rev. Mr. McCann deecribed the
hunting trip to a newspaperman
Monday as follows;
“I don’t know why I went
hunting that morning. I hadn’t
been In a long while but Luther
told me that I hadn’t finished
taking Christmas and begged me
to join Jim and him on the trip.
Jim -gave me four sheila. We went
down tiie creek looking fer nl»-
blts. In the early part of the trip
Luther got behind., some .felly
bushes to caH t^e d^. Th|t^fes
the only tiiae he'4iife'fe|’^i;^.-my
sight and I will'swear that he
wasn’t within 160 yards of the
Tilley home.
“When we got near the house
where Leota was found, Nath
Tliarpe came out wsvqd lUa *na
and shouted souiething. fether
asked him twice what he said. He
took steps across two corn rows
toward us and said Nath said for
08 to come to th«. Jianaes!)>a).,
“In another ..mlntile’ his w face
turned as white as a rag and he
said:
“ ‘Nath said somebody ,
robbed the house and - killed
Odle.' ” »
Mrs. McCann deettredr J posi
tively this week that tha fasona
note In the cum is not in the
handwriting of .fto danj|W» *.
B.. Brooks, of Wlirttdn-aflllifpIShd.
It.' T. Tasborooah, of
BaodanfUag oiperts. gave ^l^ns
their positive ppfepn
TDley wrote thi-'^Mto, iolptoB ^
the note and heel
1
1
I
(ContlBiied on
F.