Newspapers / Forest City Courier (Forest … / Sept. 3, 1931, edition 1 / Page 1
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Rutherford County Offers Unequalled Opportunities To Manufacturers and Others VOL. XIII —No. 48. Police Slayer Given 30 Years Sentence judge Cameron Mcßae Gives Maximum Sen tence After Jury Finds Fred Smart Guilty of Second Degree Murder. Rutherfordton, Aug. 31.— The jury in the Fred Smart murder. case brought in a verdict of guilty of murder in the second de gree at 6:30 o'clock Saturday evening after being out four hours. Judge Cameron F. Mcßae immediately sentenced Smart, who killed Chief of Police Price of Forest City to 30 years in the state's prison. This is the maximum ' sentence for second degree murder. Judge Mcßae declared the pris oner should feel relieved to escape first degree verdict, though he add ed that he was not criticizing the jury. Attorneys for Smart insisted that the sentence be from 20 to 30 years, but this was refused. / j Solicitor J. Will Pless, Jr., closed the arguments at noon and Judge Mcßae charged the jury until 2 o'clock. After 30 minutes for lunch, the jury took the case. Smart remained calm and showed no signs of emotion when sentence was passed upon him, though his children burst into tears. Attorneys for Smart moved to set ( aside the verdict, but were over-: ruled. They gave notice of appeal and bond wu fixed at $15,000. They admitted, however, that they had little intention of appealing the case. i Smart was charged with killing Chief Austin A. Price, of the For est City police department on Sat-' urday night, .June 6, 1931, after that , officer had arrested him on a charg% of drunkeness. The defendant was formally arraigned Monday morning, August 24, on y a charge of first de-; gree murder. Smart pled not guilty, j Judge Cameron Mcßae, who presid ed over the special term of court called to try Smart, ordered a ven ire of 100 men to report Wednesday t morning at 9:30 o'clock. The entire, day was consumed in selecting the jury. Jury Selected. Eleven farmers and one merchant 'composed tire jury which decided i the fate of the defendant. They were j selected from a special venire of. 100 men. L. D. Hemphill, farmer, of 'the j northern section of county, was: the first juror selected at 10 o clock Wednesday, while E. Phillips, farm-: er, of the southern end of the conn-; ty, was the last juror selected :*t! 4:45 p. m. Wednesday. j All Sections Represented. The other jurors were J. E. EpL'vj H C. Dobbins, J. A. Frady, C. D j F r.cannon, G. H. Cochran, L. W. f Wallace, W. P. Henson, W. M. Gris-j wold and J. E. Norville, farmers,j ?-nd G. N. Bennett, merchant, ofj rear Rutherfordton. They repi--j t every section of Rutherfoi 1 j county. i Seventeen state witnesses "wt. t, sworn in and court adjourned unt.l. : ;0 o'clock Thursday morning. The large court room wn.-> crowded all dayVith people. Smart at calmly and listened various men were asked if the> 1 'lieved in capital punishment and they had paid their taxes. Nearly all of the 100 members of th? venire were examined before 12 men were selected who had not "ormed or expressed an opinion as to Smart's guilt or innocence • Witnesses for the state were r:mined Thursday. More than i* ooo spectators utilized every space in the ourtroom. At least one thousand > were turned away. I "Drunk" Testimony. The defense put up 22 witnesses,' including Smart, during the day.; Eleven of them gave the defendant; a good character and 10 stated that' he was "drunk" the night of the | killing. * . i Practically all of the state's 18 witnesses testified Smart "was - "under the influence of whiskey / FOREST CITY "ONE OF THE TfN BEST PLANNED AND MOST BEAUTIFUL CITIES IX T !IE V>. A. v. • - , .... ; vn v . >'' RVE PUBLISHED IN THE INTEREST OF FOREST CITY AND RUTHERFORD c. '«•?? v j the night of the killing "but was not drunk." *Dr. W. C. Bostic, Sr., Forest City physician, the first witness in the i trial, who reached the officer eight minutes' after three shots had pierced his body, testified that any of the wounds was sufficient to have caused death. Under question ing of Solicitor J. Will Pless, Jr., cf Marion, Dr. Bostic testified he examined the body in* an. under taking establishment and found severe knife wounds in the back that also would have caused death. He said he smelled the odor of whiskey on Smart's breath, but that he did not consider the man in toxicated. ! M. N. Henderson of Forest City, I followed Dr. Bostic to the stand i and testified he heard Smart say "He'd been run over long enough in Forest City" a short time before the slaying. Walter Brady, the i third state witness, corroborated Henderson's testimony and testified further that he heard Smart re mark "I'll die before I go home" when told by Price to get off the streets. ! R. L. Taylor, Forest City, cafe employee, testified he heard Smart curse Price a short time before the tragedy. Details of the killing were told ;by a series of witnesses the state ' sent to the - stand after Taylor's testimony was received, j Dramatic Story. Durham Philbeck of Caroleen, who was in Forest City on a visit, ' told the most dramatic story of it. ; He related that Price passed him on the street leading Smart to jail i and then he heard the officer call ! for help. An instant later, he said, the report of a pistol shot sounded and he saw the flash of fire from the gun held by Smart. Smart was stooping over, Phil beck' said, when the first shot was ; fired and then stepped back. ! "Don't do that," Philbeck quot- I # . / : ed Price as saying. Smart then fired four more shots, : Philbeck said, and the officer i slumped in the street. | Philbeck was not cross-exam ! ined. A similar story was told by i his father, Lester Philbeck, who ; was with him. Charles Brackett, who was at j the scene, related that Smart ! turned the pistol toward Offic°" Troy Green, who came up a mo ' ment after Price was shot. Green, ■ taking the stand, related that he | shot once at Smart, but missed, j and withheld further fire when \ Smart held up his hands. [ Smart on Stand, j Smart, was called to the stand late iin the afternoon and testified that !he had no recollection of anything j that took place on the night of the i killing. Smart testified he had no knowi ; edge that Chief Price arrested him or that anybody spoke to him fiom 8 p. m., June 6, the date of the killing, until the next morning. He' denied telling officers anything about the slaying while he was being taken to jail after Price had been killed and disclaimed anyj knowledge of anything that took place the night of the killing. Smart was questioned 30 mil-, utes by Fred D. Hamrick, his own chief counsel, and was cross-exam-j ined 45 minutes by Clyde Hoey of Shelby, of the prosecution. Friday's Procedings. Testimony was closed at 11! | o'clock Friday morning and argu ments by counsel were begun. All, save two of the attorneys involved; in the case presented their pleas to the jury Friday. j The evidence was put through in a day and a half, 24 witnesses appearing for the state and 27 for the defense. v Smiles Gon«. ' The defendant lost his smiles ; FOREST CITY, NORTH CAROLINA 3. 1931. JUDGE'S CHARGE TO JURY IN TRIAL OF FRED SMART A complete stenographic re port of Judge Cameron Mc- Rae's charge to the jury in the trial of Fred Smart for the slaying of Chief A. A. Price, will be found on the first page of section two. I Friday as he sat calmly listening to ! state's witnesses and lawyers tell of the killing in detail. The widow and other 9 members 'of the dead man's family -sitting in the rear, of prosecuting attor i neys wept Friday morning as a law j yer addressing the jurors told in detail how Smart cut and shot Chief Price. I The courtroom was packed again Friday. Those attending the court I sat through the speeches to the i jury and listened attentively. Defense Witnesses. V The defense put five witnesses on the stand Friday morning, Julius Hardin, J. Downey, W. B. Marks 1 and J. H. Mayse, all of whom stated that Smart was drunk jn the night of the killing while Mike Morrow, who was in jail here on June 6 testified that he stayed in the cell that night with Smart after he was brought here, and that Smart entered the jail after midnight drunk and partly uncon scious, and was suffering with a bullet wound through his foot. He admitted on cross-examina tion that he (Morrow) had been arrested six times. State Testimony. The state put seven more wit nesses on the stand Friday morning i Dr. W. C. Bostic, Jr., who dressed j Smart's foot soon after the killing j said Smart was suffering from I his foot wound but knew him, Dr. Duncan and others. Dr. Bostic fur ■ ther testified that in his opinion Smart knew what he was doing and at that time, knew right from wrong. The Rev. T. A. Jones, Baptist minister who was working in a grocery store in Forest City the night of the murder, told that Smart came into the store ten minutes before the killing and : purchased a plug of tobacco and I gave him the correct change with out any questions and he ; nothing wrong with Smart. Clyde : Hardin, who works in a store near the killing told that he talked to j Smart 15 .minutes before the kill ing and he was drinking. Recognized Voice. F. F. Black, of Forest City, who was telephoning in the city hall | just after the killing said Smart i recognized his voice and called : him to phone a doctor as his foot was hurting. Officer Yates Dun | can stated that Smart was drink ing but knew what he was doing. G. B. Harrill corroborated what Lawrence Roberson, negro, stated in court Thursday that Smart told Roberson th? night of the killing, Forest City had got rid of one Price and he would take cave of the other. Officer Troy Green again took the stand Friday momma and told of hearing Snaart say jr.stj after he arrived here in jail. th\ night of the killing, "guess this; means the electric chair for me". Murphy Heard. Judge J. L. Murphy, of Hickorv. fpoke first for the state, followed j by J. S. Dockery for the defense.: Hon. C. O. spoke next for the state, and made a masterful pica for conviction. N. C. Harris, attorney for the defense next spoke. Attor-: ney Clyde Hoey. of Shelby, for th-! state, spoke next, and immediately after his argument court adjourned until Saturday morning. No time, limit was placed on the speeches of counsel. ' Close Arguments. Court convened Saturday morning at 9:30 o'clock. Attorney Fred D.| Hamrick, chief of the. defense staff, J presented his argument immediately! atfer the opening of court. Solicitor J. Will Pless closed the arguments before the jury at 12:20 Satuiciav. At the close of Mr. Pless' argument, JUDGE WEBB ORDERS $25,000 JUDGMENT AGAINST FOREST CITY BANK DIRECTORS Asheville, Sept. I.—Judge E. Yates: Webb, in U. S. district court here,; has signed an order directing a judg-; ment of $25,000, with interest from' May 28, 1930, in favor of the Metro-[ politan Casualty Insurance company , of New York, against T. B. Lovelace, I C. C. Moore and B. C. Horne, resi-j dents of Forest City. The suit is the outgrowth of the j failure of the Farmers Bank anc j Trust company at Forest City, Ruth-! erford county, on February 4, 1929,' tying up $161,684 91 of the public 1 funds of the Rutherford county! ! board of commissioners. The insur a'nee company executed : F. Cc-Alexander To Play Gastonia Games for this week will include | a series with the Gastonia Weavers, j Three former Forest City players j are with this club and they are go- I ing good. Ed Cross, Red Costner, and Bobby Forbes are the old home towners. Gastonia has secured sev eral Marion players to add strength to their line up in the series. WINS THIRD PRIZE. Mr Ernest Harrill has received the following notice from the High- Way Education Board. Washington, D. C.: "Your essay, entered in the Tenth Annual Street and Highway Safety Campaign, has been award ed third state prize for North Caro lina. This award consists of a check for five dollars and a bronze medal, which will be sent to you later. We wish to offer our congratulations up oh 'you& suecess and express the hope that your interests in safety will continue through future years." Mr. Ernest Harrill is the thirteen-j year-old son of Mr. and Mrs. Buren j Harrill and this is his second year j in high school. BAPTIST PASTOR TO REPEAT MESSAGE The pastor of the First Baptist church, two weeks ago, delivered a sermon in the interest of the schools, the teachers and the parents of the city. By request of the members the pastor will repeat this sermon next Sunday morning at 11 o'clock. The schools, the teachers and the par ents am extended a special invita tion to attend the service. The pub lic is also cordially invited. __ SPINDALE NOTES. Spindale, Sept. 2.—Mr. and Mrs. M. T. Long and two children, of Wadesboro, arrived Saturday for a ' visit to Mrs. Long's parents, Mr. and Mrs W. M. Clay. Mr. Long return ed Sunday, but Mrs. Long and chil dren will spend the week here. Mr. Henry Thomas and several friends have returned after spend ing a week in Washington and New York. Mr and Mrs Cuftis Giles and «or. Mr and Mrs. Addie Bland and Miss es Eula and Grace Hester spent part of last week at Carolina Beach. Miss Susan Etta Daniel and Mr. Clifford Lovelace were married in Spartanburg on June 11, and kept the transaction a secret until last week. More for your money in school supnlies at Courtney's Ten Cent Store. I .fudge Mcßae charged the jury. The charge was completed at 1:45. after, an hour and 25 minutes consumed j in reviewing the case Court adjourn ed for lunch Court re-convened «*t 2:30, and after four hours delibera tion the jury returned a verdict of | murder in the second degree, and Smart was sentenced to thirty years in the state's prison. Taken to Prison. Smart was taken to Raleigh Tues day morning to begin serving his sent c r.ce of thirty years. Deputies A A. McFarland, Charles McFarland and Costner accompanied him To Raleigh. j a depository bond for $25,000 in : favor of the board of commissioners | and was indemnified by Messrs. Moore | Lovelace and Horn. ~ i According; to the complaint, the ! casualty company paid the deposi- I tory bond to the board of commis | sioners May 27, 1931, and filed suit j in federal court here last March 21, j 1931, to recover from the three de j fendants. j The defendants were large stock | holders in the closed Farmers Bank and Trust company, at Forest City and signed a bond guaranteeing t : ' ; casualty company against loss on it? j depository bond to Rutherford coun -1 tv FALL TERM CIVIL COURT IN SESSION Judge H. Hoyle Sink Presiding Over Term—Several Cases Disposed of. '{ Rutherfordton, Sept. 2.—The fall 1 term of Superior Court for the trial of civil cases convened here Mon day morning with Judge H. Hoyle Sink presiding. A heavy docket faces this term of court, which will like- I ly continue two weeks. Cases disposed of up to Wednes - day are as follows: j Divorces granted: Estelle Robert ; son vs. Preston Robertson; Lillian j Toney vs. Laxton Toney; Hattie ! Dyer Head vs. Rucker Head; H. G. '[ Payne vs. Essie Payne. ! A number of cases of the Corpor ation Commission of North Carolina j. as plaintiffs, came up, and the or j der of the court was that "The Com ' missioner of Banks of North Caro ! lina, ex rel" be substituted as party ! plaintiff in the actions in the place ! and stead of the Corporation Com f mission of North Carolina, and the i ! Commissioner of Banks authorized jto prosecute actions to final judg ' ment. These actions were Corpora- 1 , tion Commission of North Carolina vs. G. P. Collins, Mrs. Julia Collins j and J. L. Collins (ex rel Farmers' Bank) ; Florence Mills, (ex rel Farm- I ers Bank) ; Ralph Schmucker (ex rel I Chimney Rock Trust Co.); R. L. ! Hunter and O. V. Hooker, trading as ■ Hunter Auto Co., (ex rel Chimney i Rock Trust Co.); Chimney Rock Im ! provement Co , and J. E Thomas, : (ex rel Chimney Rock Trust Co.) : ; R. H. M. Whitehead and A. W. Deck j (ex rel Rutherford County Bank); ! R. H. M. Whitehead and J A. Mitch -lem (ex rel Rutherford County 1 Bank). Commissioner of Banks vs. J. V* Beason. S. G. Beason and T. F. Oates, trading as Beason Motor Co. Inc. Consent judgment. Plaintiff r- I covers SI,OOO and costs of action ! taxed against defendants, j Daniel Miller Co. vs. M L. Sulli van. plaintiff recovers $488.10 with I interest from May 27, 1025, togeth er with costs of this action. | Corporation Commission vs. Vir ginia Grayson. It appearing to the' court that this action has been set ; tied, apneal is dismissed ! Rosa Hoyle vs. J. H. Thomas. Non suit. Mrs. Winona E Barber vs. Chim ney Rock Mountains, Inc. Xon suit WOMAN'S CLUB WANTS DONATIONS OF CANNED FRUIT •The welfare chairman, Mrs. Mc- Daniel asks that every one bring a can or jar of fruit, jelly, vegetable or magazines to today's meeting.; There has been such an abundance of fruit vegetables, etc., canned this year > and the welfare department store; this donation awav for future use. i A FINE WATERMELON. Mr. P. V. Bqgtic, champion cot ton grower, also knows how to raise fine and luscious watermelons, judg ing from the fine forty-pound melon he gave The Courier last Monday He has our thanks for .his kindly remembrance. Mr. Bostic is one of the county's outstanding farmers 2nd The Courier'* good friend. i 1 2 Pages 72 COLUMNS J Si.oo Per Year in Advance WOMANS' CLUB TO MEET THURSDAY First Meeting of New Year to Be Held at 3:45 Today With Mrs. G. C. McDaniel. The first fall meeting of the Forest | City Woman's Club will be held Thursday afternoon. Sept. 3rd, at 3:45 in the home of Mrs. G. C. Mc- Daniel with Mrs. J. W. Morgan. Mrs. B. T. Jones and Mrs S. J. Asbury, 1 Jr., as associate hostesses. This i» to be a general meeting for all in terested club women and every old , member is urged to be present and leadv to enter into a new club year with all their past enthusiasm for 1 giving service thru this medium to wards the public and civic interests of their town and community. Any new member or one wishing to be come a member is cordially invited jto this meeting and the president wishes to again state that the mem bership fee of SI.OO this year will i entitle a member to become asso ciated with any department of the* club. A drama and art department is planned and will have their meet ings in the evenings. Anyone who will find it inconvenient to join a de partment meeting in the afternoon, will enjoy this arrangement. » | Never in the history of woman's J club work has there been such a desperate need for an earnest and sincere endeavor on the part of our organization to do their bit towards keeping up the higher spirit of their own community. In this connection it jis of great interest to all club wo | men to review the recent interview ! which the National Federation presi dent. Mrs. John F. Sippel, had re- « cently with Mrs. Herbert Hoover, partly as follows: Mrs. Sippel set down "thoughts occurring in talking with Mrs. floo i ver the other day on economi; conditions throughout the world." She made the conference in the White House the basis for an appeal to club women "not only to do our share in the present crisis, but to be | more ready to meet peace-titve emergencies." The article was given point here by Washington's knowledge of Mrs. Hoover's intimate acquaintance both with the public welfare hiachine'y of the World War and with the present unemployment situation. Mrs. Sippel pictured Mrs. Hoo ver's idea on relief as follows: An America "more keenly alert ■to the needs of the people in our | communities." ; "Organized social groups marshal ing forces to meet emergencies which may aritfe during the coming ' months in an effort to prevent want from lack of employment or fron ether causes, just" as we met emer g rcies in the years of the war." # "Those in distress relieved by whichever group visiting nurses, playground association, family serv ice societies. parent-teachers asso ciation. etc—is there to help them." "Great organizations taking on, rot only responsibility for the com- : nr of distress, but respon ' slbility for relieving suffering year pfter y?>r." The article pointed out that many people do not know how to reach out for assistance to societies or ganized to help them The example cited was the organizations for pre vention and control of tuberculosis —a subject close to Mrs. Hoover'? heart, her own son having been benefitted by prompt treatment. It was urged that those who need it ' be put in touch with "trained work ers who recognize the signs of that dread disease before it has often a real grip." I?y such community co-operation, the article said. "We could helj> largely to prevent the circumstances of having in our midst under nourished children; girls and boys who could not go to school for lack of clothing; old men and women in "need." To the women of the land the Mrs. Hoover-Sippel conversation put the question: "V7hile the financial stress in such times seems over whelming, would not the humanizing touch of interested help in keeping up the morale?"
Forest City Courier (Forest City, N.C.)
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Sept. 3, 1931, edition 1
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