itdisltct llMid^rB uid TIrarsdaytftt
m: ® NWtk wakcsboro, N. C,
,l>. i. CARTBR vn JULIUS C. HUBBARD.
.^PiiUiriwn
SUBSCRIPTION RATES:
9LM Tew in the State; fl.60 Out of the State.
UouilKlliPatrkrt
WDiPEIDHIlT IN POLThCS
i^in. • 1,
iBtered at the post office et North Wilkeaboro,
C.t M second class matter onder Act of
Ibrch 4, 1879.
THURSDAY, MARCH 22, 1934
IS
A Praiseworthy Record
Judge Warlick, Solicitor Jones, Acting
S(dicitor J. Hubert Whicker, members
of tb© Wilkes bar and the grand jury
are entitled to the grateful appi-eciation
of the citizenship of Wilkes county for
tiieir excellent record during the tenn of
court adjourned last week.
The course taken by court officials will
save the taxpayers of Wilkes county
thousands of dollars and if the Childress-
Tilley case and the Eldridge case were off
the docket, the August court would start
with something like a reasonable docket.
While two hundred and some few cases
would be a big calendar for some coun
ties, such a calendar in Wilkes would ap
pear small in comparison with those of
recent terms.
It is not improbable that the record of
Judge Warlick and Solicitor Jones will be
criticised by some. Those who would vent
their spleen upon an enemy by digging up
some dirt against him and dragging him
into court found little sympathy at this
court.
Acceptance by the state of nol presses
in numerous minor cases of little merit
which had been clogging the docket for
several teims will, of course, be criticised
to some extent at least. We are not deny
ing the fact that some cases of merit may
have been taken off the docket without
trial. Some errors in judgment are to be
expected. But our guess is that the ma
jority of cases in which a nol pros was ac
cepted should never have been in court in
the first place.
The removal of approximately 325 cases
from the calendar is a record that should
be appreciated by the taxpayers.
The Greensboro Daily News published
a news stoi-y Saturday in which it was
stated that the first use of the conditional
nolo contendere plea was made in Guil
ford Superior court Friday. This plea,
which allows the presiding judge to hear
the evidence and render a verdict with
out the necessity of a jury trial, is per
mitted under an act passed by the last
g^eneral assembly. It speeds disposition of
cases and there is no record that the ver
dicts have been less satisfactory than
jury decisions commonly are.
What apparently was new to Greens
boro, was old to Wilkes. Throughout the
two weeks term. Judge Warlick was given
the right to try cases in this manner very
frequently.
Credit for the speed attained in this w*ay
goes to the lawyers who showed a praise
worthy disposition to co-operate in every
way possible to clear the docket. In our
opinion, no group of lawyers ever appear
ed in a better light than our Wilkes at-
toi-neys during the court just ended.
Dispensing with the services of a jury
whenever possible, foregoing long argu
ments to the jury, eliminating long and
useless appeals for the mercy of the court
and keeping witnesses who would add
nothing to the trial from the stand, our
lawyers were a credit to our judicial sys
tem. And from an intelligent jurist, w'ho
appreciates such coiisideration, they got
more for their clients than they could have
obtained otherwise.
The grand jury’s report was an achieve
ment in itself. Examining 133 bills, the
^rand jury found 82 true bills, made three
presentments and kicked out 48 bills by
way of the waste basket route.
The grand jury, as it should, gave care
ful consideration to bills that had any
merit. No action it took is calculated to
in«)air public faith in the justice of the
courts.
Here is an example of what the average
grand jwy has to contend with:
.-Mr. Anonymous Citizen approaches
foreman of grand jury, whispers in his
ear,him to one side, looks around to
see who is in the vicinity and gives ex-
IM'ession to the following;
"So-and-So and So-and-So had a fight
Jast Christinas and you ought to indict
im."
Foreman: "AHright Jast step into the
.--a,-' - i. . . .
grand jury room and rign a statement of
the facts and we’ll Investigate it”
Anonytnoui|^Citi*en:^“Wdl, Td rather
not I dm’t wa^ to have anirthi^ to do
with the matter. H-I--.”
^ Foi^n: “DM you lee
Anonymous Citizen: “No^but So-and-
So and So-and-So did. They can be sa^
as witnesses.” *
Foreman: “Did they tell you that they
saw it?”
Anonymous Citizen: “No, but So-and-So
told me that they told him they saw it.”
Foreman: “Were any deadly weapons
used, according to your information?”
Anonymous Citizen: “No, they just
fought with their fists.”
Well, Mr. Anonymous Citizen got of
fended if he tried anything like that at the
recent term. His malice cases got no
where. And unsigned notes advising the
Solicitor and the, grand jury of a ‘ bad
condition” made good fires. It is to the
everlasting credit of the grand jury that
it endeavored to keep minor cases with
doubtful merit from the docket. And in
cidentally, it means a resultant saving of
hundreds of dollars.
Myrtl« Yate» I*
Sbe.
Our court system when functioning at
its highest efficiency looks bad enough.
That there should be changes is no long
er secret information.
One case came up at the recent term
which illustrates the inadequacy of the
system. Some lad, who strayed from the
straight and narrow' path, was arrested
six months ago for stealing five dollars
worth of merchandise. There was no evi
dence that he was an habitual criminal.
Yet because he was unable to furnish
bond, the county of Wilkes paid for his
board at the jail for over five months.
When conditions such as this are reveal
ed under our court system, it is time that
the system be changed.
It is time to give our justices of the
peace sufficient jurisdiction to prevent
such expense to the taxpayers. Having
given that jurisdiction, it then becomes
necessary to raise the standard of quali
fications for the judge of inferior courts.
There are entirely too many magistrates
and the standaid is not all that could be
desired.
But with all that, The Journal-Patriot
commends those connected with our re
cent court for the excellent record made
by them. They revealed a somew'hat anti
quated system in its best light.
Sunday School Lesson
By REV. CHARLES E. DUNN
Golden
Aviation stocks seem, to Jiave been doing bBnd I
•Philwk^ik Bulled. j4
Will Repreariit Witkesboro
Scbool At Laiiob^Rliyne ^
Ooll««» Ptanto
H ' - . . .
repreient;
«(|
Winner Of Contest At Orplieiiin mohdayl
Jiuwt OeytMMf And Uonel Wmnrr-
mmt> FMtinei to GaraUiw
Made Dnim»
Ifyrfie Yates will
Wilkeaboro blgh school at
rant-
“Carolina, ’ the Brest dranut'
nolr-Rhvpa College toaorrow aa
the result of her victory In a pre^
llnlniiry recitation contest at. the
school Monday. At the college
finals, she will compete with rep
resentatives from' schools in ap
proximately SO counties of this
section. The subject of her reci
tation is "Daddy Doc.”
Other girls in the preliminary
contest Monday were Ethel IHivis,
who recited "The Crimson Ram
bler,’’ and iHelen Bumgarner, who
recited "The Model's tisst Pose."
Judges were Mrs. N. 0. SmoaK,
Mrs. J. W. White and Mrs. L. B.
Dola.
Le- of the «reen, which w» written
BUY
by’^Panl Green, a North Caro-
liakn, will be shown at the Orph-
eum Theatre Monday and Tuea- ^
■ '“ar..
day of next week. Sr j- '
Featured in the plc^re are
Janet Oaynor,''‘the sweetheart of
the screen, and Lionel Barry
more. ^ "* j*' ^
Almost half of the film was
photographed In the ^tifo Caro-
lina4. According to Heaw Klnt,,
who directed thd .production, the
most beautiful scenes In the pic--
ture was taken In and around
Charleston, 9. C., Mr. King had a
staff of 5 cameramen and scenic
artists tour the two states In an
effort to find the locations that
were most In keeping with Mr.
Green’s depictions in his story.'"
Just as the background of this
picture is authentic and colorful,
so does the story teem with bril
liance. Notable ate the flashbacks
to the former glories of the two
Carollnas in the days before and
during the Civil war. One of the
most beautiful scenes is that of
a dance being held 65 years ago,
in the days of Crinoline and the
minuet. In this scene Janet Gay-
nor and Lionel Barrymore lead
the assemblage of aristocratic
men and lovely belles in a lan
guid Viennese waltz.
The. romantic and dramatic
The common house fly is some
what of speed demon. He makes
330 wing beats a second.
To
ANNOPNOBJIKNT
of Wilkes
the Democrats
County:
1 have decided to rtsk the Dem
ocrats of Wilkes county to nomi
nate and elect me Clerk of the
Superior Court for the four year
term beginning December 1,
1934, and ask you to vote for my
nomination in the primary, and
Jhen go to the polls in November
in full force and elect me, and I
promise if elected to give my
whole time and effort to the suc
cessful discharge of the duties of
TIRES
WITHOOT
\u-
- SEEWGUS.
WE NOW
" HAVE THE
FAMOUS*
TImelb
rwr:.Amm f ■
vaAot mark Rts.u.t.sXT. ore.
BATTERIES
SEAT COVERS 1_
My experience for twenty-five! moments of the picture are In-
years as Principal Clerk of the tensified by stirring background
REVIEW
Lesson for March ^.ith. John 10:7-16.
Text: Isaiah 9:6.
During this'first quarter we have studied some
of the principal episodes in the life of Jesus, and
have come to grips with basic emphasis in His
teaching. Beginning with His birth and child
hood, we considered His baptism and tempta
tion, and, saw Him launched into the varied
pha-ses of His dramatic ministry. We also read
the Sermon on the Mount, that sublime epitome
of His teaching. We listened to His testimony
concerning His own power to heal, cheer, and
comfort. And we learned lessons from His par
ables.
This .Sunday a.ssigned for review afford^s an
excellent opportunity for taking stock. Suppose
we a.sk. “Why is Je.sus still indispensable? Why
is He real today?
One answer is to be found, in the timolessness
of his glorious message. What is this message?
It is summed up in that splendid proclamation
He heralded at the beginning of His mini.stry,
"The kingdom of God is at hand." What is this
kingdom? It is a realm over which a sovereign
God presides. It is a commonwealth in which love
an obedience, not fear and calculation, reign.
It is a society in which the individual human
soul has absolute value. It is a beloved com
munity where spiritual purposes are supreme.
And finally it is a brotherhood whose inward
spring is the living Person of Jesus.
Another reason for the Master’s continued
hold is His sureness of tread in the religious
field. He spoke with authority, as one long famil
iar with the truth He proclaimed.
But a more important explanation of Jesus
attractiveness today is His constant companion
ship with God. As Dr. Henry Coffin says, Fath
er and Son are united in conscience, toil, and en
durance. The Master released His spirit so com
pletely into the larger life of God that He be
came one with the Father. And there can be no
doubt that He found in God the resources He
needled.
House of Representative.s, and of
the Senate of North Carolina, and
my'legal knowledge and exper
ience certainly ought to qualify
me for the position.
I trust .vou will favor me with
your votes both in the primary
and at the election, I am.
Yours truly,
FRANK D. HACKETT.
3-22-Th-tf
NOTICE OP S.4LE OP LAND
UNDER DEED OP TRUST
music. It is further enriched by
the negro folk songs which run
FISK
TIRES ^
LIBERAL
TRADE-IN
ALLOWANCE
$2.00 UP
$1,50 UP
WILEY BROOKS and JETER CRYSEL
The Motor Service Co.
NORTH WILKESBORO, N. C.
through it with a chorus of 90
voices interpreting the songs. One
of the highlights is the theme
song, "Carolina,” written es
pecially for the production by
Jay Oorney and Lew Brown, two
of America's greatest song writ
ers.
Former President Doumergue favors a change
in the French constitution. A change, no doubt,
that will prevent future changes in the French
cabinet.—Fredericksburg (Va.) Free Lance-Star.
'Tkere is always something to worry about. A
German scientist says men 500,000,000 years
from now will be 10 feet tall—Greensboro (Ga-)
Herald-Journal.
Wotta world! Your friend^ are eccentric and
your enemies are crazy!—Thomston (Ga.)
Times.
flyi
Under and by virtue of the
power of sale contained in a cer
tain Deed of Trust, executed on
the 28th day of October, 1927, by
Boone Trail Orchards, Inc., to se
cure the payment of a note there
in mentioned, and default having
been made in the payment of
same, and demand having been
made on me;
I will, therefore, on Tuesday,
April 3, 1934, at the hour of
tea o’clock a. m. at the court
house door in Wilkesboro offer
■’or sale for cash to the highest
bidder the following described
real estate, to-wlt:
First Tract: Adjoining the
lands of T. B. Finley, Nelson Lo
vett and others.
Beginning on a maple near the
spring and running north 56 de
grees west 17 poles to a black
gum; thence west 50 poles to a
persimmon on the south bank of
the branch: thence south 16 de
grees west 85 poles to a small
chestnut oak; thence east 67
poles to a locust; thence south
17 degrees 30 minutes east 34
poles to a locust and maple;
thence south 4 4 degrees 30 min
utes east 45 poles to a chestnut
oak; thence south 70 degrees
east 34 poles to a large pine near
the bank of the branch; thence
51 degrees 30 minutes east down
the branch 36 poles to a spruce
pine and on the bend of the
branch; thence south 79 degrees
east 28 poles to a pine; thence
south 58 degrees east 11 poles to
a pine in the Nelson Lovett line;
thence on the said line south 38
poles to a pine on the ridge, the
old Dean Kilby corner; thence
north 61 degrees 30 minutes west
113 poles to a stake: thence
south 60 degreS west 12 poles to
the beginning, containing 50
acres, more or less.
Second Tract: Beginning on a
persimmon, the corner of the
George Bumgarner and Iverson
Mitchell tracts, and running
north 71 degrees 30 minutes west
25 poles to a stake; thence north
55 degrees west 22 poles to a
stake, a comer; thence east 22
pol^s to the northwest corner of
the Iverson Mitchell and George
Bumgarner tract; thence east 60
poles to a white pine; thence a
Southwestwardly course 7 1-2
ijioles to a black oak; thence
north 86 degrees east 42 poles
to a white pine; thence north 74
degrees east 11 poles to a dog
wood; thence east 19 poles and
10 links to a stake on the north
east corner of —
thence south 4 degrees west
63 1-2 poles to a stone; thence
Isouth 52'degrees 30 minutes west
65 poles to a stone, a corner;
thence north 43 degrees 30 min
utes west 17 poles to a stake;
t/hence north 48 degrees west 38
poles to a stake; thence north
57 degrees west 17 poles to the
point of beginning, and contain
ing the H. F. Lovett 26 acre
tract, the George Bumgarner
30 25 acre tract and the Iverson
(Mitchell 11.75 acre tract, sold to
iW. J. Palmer as shown by sur
vey of C. H. Colvard.
Third Tract: Being a tract of
land sold by J.- N. Lovett
wife, Lillie Lovett to W. J. 1^1-
mer as per deed dated March ltr»
1912, recorded In book ’89 on
page 398, said land having been
conveyed to J. N.. Lovett by "VL
W. Marker, Commissioner, amn
adjoining the lands of J. B.
ols, JL-0. Kllbrahd others, f
Ifr Thto *rd d*»-6t Ma«Jh, 4#*4.
' DOUGHTOHi _
i«-f-4t. -J. a Trtutee.’?
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