Newspapers / The Concord Daily Tribune … / Oct. 15, 1925, edition 1 / Page 3
Part of The Concord Daily Tribune (Concord, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
Thursday, October 15,1925 ' 'T-'-l. L_ —UJ J.L . ' ~ ' ~| ESSE X a Famous Six—Built on Hudson Patents h *795 for the Coach Quality Gave Volume—Volume Gave This Amazing Price Everyone knows the superiority of six cylinders. Those who know are not content with less than Super 's Six performance. It increases power, smoothness, flexi bility and car life without adding to weight or motor size. Its principle is patented* and exclusive to Hudson and Essex. It accounts for the world’s largest Selling In Essex the cost is within the price of practically all car buyers. Super-Six Advantages and Hudson Essex quality give vast volume, and volume makes possible the lowest prices in history. > . X There is a big saving in Essex cost, a greater econony in operation, and a finer satisfaction from the ease aw<i com fort of riding and driving. Everywhere it is regarded with Hudson as the World’s Greatest Value Everyone Says It-—Sales Prove It Hudson Coach $1195 Hudson Brougham,sl49s Hudson 7-Pass, Sedan $1695 dU Prices Freight and Tax Extta Concord Motor Co. "is j i»l- »—as t— " *■ T ’-z l ’-. -• • ' 1 ■ —4= *s;;■*»*» -,url £. . ' - \ . : f rV: ■ , ,;J THE SUBJEST WAY* TO WIN SUCCESS IS TO DESERVE IT * ‘iflfl jhk < • XiOv-.•' ,OiM*,T' . ■ i m X Mm : W' . ' TKk. ? ■ V “'V’v* ■'' - > - “V . ■ mK c •<. ~ , n##, ' " ' apßv- S I BsL / Ajßhk Kray r^B . \ A \KI • / r jfl 1 y 4 / Steadfast, unfailing quality cd so Cltcjttcrpcld confidence of men cvcrywhcrf jjL ' ■•%?*'■ *-S-Yv^^. ■' ■ r _—■»»"■»—ft... . , ■ THE CONCORD DAILY TRIBUNE HV' • - ' ' ' j-r-J --18 CHARGED WITH 'RIFLING LETTERS iUilwfcjr Mall Clerk. LWnf at Ashe ville. Held Far Federal Court. ’ Asheville, Ot. 12.—Alvnb ' W.. Flynn, of Asheville, railway mail j clerk, in under $1,500 bond today,' following hi*' arrest nnd arraignment on a charge of embenling money from' Hflhcinl delivery letter* on the Haliobury-Knoxville mail divicionv of the government onthe Southern Rail way. Flynn 'was arraigned before Von no Gudger, I'nited State* t ommia sloner, and, waived preliminary examination after which the com missioner placed his bond, which wa* made by hi* brothers, also resident* of this locality. commission - and I badge, a* a railway mail clerk were removed by postofflee inspectors after hi* attest and the charge against him' yill be investigated by the Federal pand jury at the next term of tjie district court in November, it » expected. * Government postal officials have been missing special delivery mall on tbe Salisbury-Knoxville division | sor 1 *ome time and do.not know just. ] how much money is missing as a he-1 sg|t of these los-cs, they said today.) Flynn was suspected of taking special delivery letters several ■ month* ago and postoffice inspectors began o center their efforts on the [ division on which he worked, they said. A few days ago two letters con . taining a total of $lB were dispatch ed through mails by the inspectors, ono being sent from New Orleans to Asheville nnd another from New port, Tenn., to this city. Flynn operated on trains 101 and 102, and , trains 35 nnd 30. When 102 reach ed the city Thursday night, the letr ters were due here, nnd were missing from the pouch, it is alleged. When Flynn reached the station early Fri day morning for hia outbound trip, inspectors took him in custody nnd in a search of his clothing money en closed in the lettem was found on his person, being identified by numbers and serial, according to statements brought to the attention of the IT. S. 1 Commissioner. Though cats hate water, their love for fish i* so strong that many in stances of their diving into water for ; a finny meal'have been noted. gpr .—m-: MISCARRIAGE OF JUSTICE. Raleigh New* and Observer., The verdict of tbe jury in the case at- State vs. W. B. Cole, in which , the defendant was charged with the j kiHJng of Bill Ormond was retyped ' yesterday morning after thp jury had been out since around noon of the j preceding day. It is a verdict that shock* tl\e State's scn*e of justice. After the evidence wa* all in, the consensus of opinion of people who followed she case closely was that the verdict of homicide was the one mgst in keepr ing with the evidence that had been presented. In view of the charge es Judge Finley, it is impossible to un detstand how the jury could rearfi a verdict of not guilty. In his charge to the jury Judge Finley said: “If the defendant faiU to satisfy you that he wpa insane as hereafter denned at the time of the killing or that he killed the deceased in self defense, then It would be your duty to at least find the defendant guilty of manslaughter. If you find from tbe evidence that thp defendant en | tered into the fight willingly and that the deceased started to get his pistol and then the defendant had reason | able grounds to be’.ieve and did believe that he was about to be killed or re ceive some grrat bodily harm at the hands of the deceased and under such apprehension shot and killed the de ceased, he would be at least guilty of manslaughter.” Not one man in a thousand believes that Cole was insane or that he I killed in self-defense. The best that could be justly pleaded for him is set fortli in tlie above statement by Judge Finley—that “if” ■he did believe he was about to be killed.or receive some bodily harm at the hands of the de ceaned and under such apprehension shot and killed the deceased, he would be “at least guilty of manslaughter.” Taking the uncontroverted testi-. mony at its face value, that is all that he could have feared. The judge made it so plain that it is not open to any other construction than that Cole was “at least guilty of man slaughter.” | I la the face of that plain statement j from Judge Finley, it is inconceivable how the jury could have rendered a verdict of “not : guilty.” If' the jury had so far departed from the 1«W tbui plainly laid down in a case where au appeal should lie, there would have been sufficient reason why the verdict should . not stand. But, of course, the prosecution has no ap peal. It seems to be clear then that the jury acted under some phase of the so-called "unwritten law" —a comfort able way to say that the law was dis regarded. That is to say, the jury acquitted Cole 'becaue it believed Or mond had slandered his daughter. Sldndcr of an innocent woman is not to be excused and nothing calf be pleaded in extenuation of it. Haw ievir, the laws of North Carolina pre scribe a punishment for suclfa crime, inadequate, to be sure, -but, neverthe less. ‘ punishment fixed by tbe law of the Commonwealth. If the jury based Its verdict upon the “slander letter.” as seems to be clear, it flew in the lace of the clear charge by the pre siding judge. Said be: “If th« jury shall,find from the evi dence that tht prisoner shot the de ceased, as he contended, because the deceased had written to him a slander ous lettejr of threats, and not because of any insanity at reasonable appre hension great tydily harm to him self, or deatfi, and was not insane as explained then it would be the duty of the jury to convict , the defendant of murder in the second degree or manslaughter at -.least, as the jury may find the-facts to be from the evi dence and the law heretofore given, because such act would constitute no justification in law for tbe taking of human life. - “If the jury find from the evidence that tbe deceased had slandered the defendant’s daughter, such slander ■would not in fact relieve him from re sponsibility for hia act or justify him in taking human life by reason there of.” Again, toward the close of his re marks, Judge Finley said: "The court charges you, gentlemen of tbe jury, that no man has the right to kill another in North Carolina for slandering his family; slander is a crime and the law provides a penalty for it but it is not the death penalty. The court further charges you that 'no man baa a right to kill another because, he has been threatened by a threat alone not being suf ficient to justify killing but you are to try the case under the law and the evidence as above seated.” These extracts lay down the law as it Is written. Nowhere else does Judge Finley make a statement that in the leaßt modifies these. * made it clear that Cole could he acquitted only if the jury believed he shot in self-defense or was insane. Does any body who haa followed the case be lieve that Cole shot-in self-defense or that he was insane, except tbe twelve men in the jury box—if they believe it? No criminal case in a decade in North Carolina, if ever, has attracted the profound interest that has accom panied the Cole trial. For two weeks the people of North Carolina have had tlieib minds on the proceedings in Buckingham. , Tbe shock of the killing of young Bill Ormond, who was gassed in the war and who suffered greatly by rea son of hia service in France, stunned the people. The fact that the kill ing wae done by W. B, Cole, a rich and influential cotton manufacturer, that it grew' out of the relation of sweethearts that once existed between Ormond and Mias Elizabeth Cole, the fact that tbe parties were both promi nent* Ormond being the son of an esteemed Methodist minister, intensi fied the interest. From the first news, the tragedy looked like assassination. Immediate ly, the popular verdict was “guilty.” But the friends of Cole declared pub licly that when the evidence was all in the people would see that Cole bad done the right filing and he would be applauded. Thn trial came on with little mote known. The defense announced that it would rest upon Cole's statement thatne killed Ormond U self-defense, ’’ f * ' ' ' . that thp killing was promoted by Or-1 mond's slander of his daughter ar/T. he was suffering with insanity at the 1 time of Jhe commission of the aet. As tli* trial proceeded .there was no eoi roboration of Cole's contention that he shot Ormond in self-defense and if he had not done it, Ormond would have killed him. The preponderating evidence was that Cole shot Ormond, not in self defense. Jn fact, shat plea was not strongly pressed. The trial had not progressed far when it was generally accepted that the Insanity plea was made to secure the admission of evi denee otherwise incompetent, for no evidence by experts was offered to show that Cole was insane at any time. Everything with reference to the trial showed that Cole was men tally alert and there was no founda tion for the plea. If the insanity plea had been re lied upon, evidence from alienists would have been introduced. It is always possible, to secure such expert testimony, for there are doctors who believe that no man in the possession of his faculties will ecmmit such a crime. These matters being eliminated, though not expressly withdrawn, the whole ease rested upon the plea that Ormond slandered Cole’s daughter in away that justified the father in kill ing him. The “slander letter" was the chief reliance upon this point hut there was some evidence that the slander had been repeated promiscu ously. Cole's counsel relied upon what is'an enlargement of the unwritten law, to wit, that if a man slanders the daughter, of another the two-year sentencf prescribed by law for such offense 4s wholly inadequate and that Cole did what any father should do to the man who imputed unchastity to his daughter. That was the whole burden of the defense. Everything rested there, the other matters sinking into comparative in significance, The "self-defense” plea hadn’t a sound leg to stand on and the . insanity plea wasn't even sup ported by one alienist. Every good man feels a sense of outrage if a good woman is slandered. There is no defense for it and there fAould be no toleration of it. If. when the slander letter was first re ceived by Cole, lie had met Ormond and had mortal combat with him, the feeling would have been with the fath er. But it was six months after the letter had been written and after Or mond had^ written a letter that Cole's attorneys* thought Would prevent a clash. ♦ It is a debatable question whether the presiding judge should have ad mitted the “slander letter” seeing that it wak six months old. There will be lawyers who feel that, having ad mitted the letter, he should also have admitted the letters identified by Miss Cole as having been written by her to Ormomf. . ‘ There are occasions when almost any man will be so indignant that un der a sense of outrage he would kill the man who would wrong hie daugh ter xjr falsely, impute unchastity to er. But lie will do so knowing that he has no justification in law. The man who thus kills, takes the law into his own hands, preferring to avenge the good name of his family than to preserve his owp life. He does not declare that he has done right . He only regrets that circum stances were such that death was preferable to submit to the wrong done his daughter. There are thdse who wpuld have approved it, after Cole received the “slander letter,” he had at once avenged the stain he felt had been placed on the honor of his family. Such people would say, however, that the attack should be made in an open way. If the evidence had shown that Cole and Ormond each had a gun in action, the matter would have been very different. One can’t plead self defense when he shoots without warn ing. In the arguments to the jury, an attempt was made to draw a parallel between Cole and Andrew Jackson. Old Hickory, did, indeed, kill two men who had reflected upon his wife but the men who paid the penalty for the slander had the chance for their lives in a duel? In those days, the code duello was the recognized manner by which.geutlement settled such contro versies. Those who condone the killing of Bill Ormond, who approve the libera tion of his slayer base their opinion on the “unwritten law” theory. When ever any man or any set of men, take upon themselves the punishment of an offender, law is flouted and respect for law is decreased, and there is al ways danger that private vengeance will usurp the place of law. At any rate, if a man chooses to become the executioner of a penalty not recognized by law, and the process of justice, he ought to pay the penal ty for violating the law. . In this case, the ends of justice required the conviction of Cole for manslaughter. A greater penalty should have been exacted. Less than this is a miscarriage of justice. Cole la Sane. Raleigh News and Observer. When Judge* T. B. Finley found W. B- Cole sane, in the sanity hear ing held before him yesterday in Wllkesboro, he was merely reaching the determinatioh that had been reached previously by those who had followed the case. There is every evidence that the jury disregarded the law and the charge of the court when it acquit ted Cole of the charge of murdering Bill Ormond. There would have been no point in committing to the State Hospital for the Insane a man who is sane, merely bees use the jury had failed in its verdict. It merely emphasises the point that the defense never intended seriously to plead transitory insanity or self defense. Cole’s plea was the “unwritten law.” That was the plea accepted by the jury. The plea of self defense and insanity was offer ed primarily for t he purpose of securing the admission of evidence otherwise Incompetent. The court al lowed itself to be tricked and the plea having accomplished its purpose was abandoned. TTTTTf?- 1 L-i 11 ■ - '■■■■■ ," 'l temmeemmum^M j 1 NATION-WIDE llf 19 * INSTITUTION* A li , lenneywo. J wJL DEPARTMENT STORES JO-54 South Union Street. Concord. N. C. I Our Feature Shoe for Boys Style—Value—Low Price Well of strong, durable leathers, with good lines and real style like Dad’s shoes. A great shoe for school or dress wear for the boy who is on the jump from morn ’til night <V\: Low priced too. at— Sizes 214 tos»/ 2 —$2.98 3 Sizes Bto 12—52.48 Sizes 12*4 to 2—52.69 %:?i The United States Daughters of ■ 1812 has branches in fi*ty-one| states. Miss Rogers Gained 15 Pounds in Six Weeks Skinny Men and Woman Gain 5 Pounds in 30 Days or Money Back. My Dear Friends: After my attack of Flu I was thin, run-down and weak. I had a sallow complexion, my cheeks were sunk in * and I was continually troubled with gas on my stomach. I felt stuffy anil had lost my appetite. I had read about McCoy’s Cod Liver Oil Com pound Tablets and decided to give them a trial. At onon.-X began to pick up an appetite, my i-heekw filled out and my complexion beegwe healthy ; looking and I gained 15 pounds in Blip * weeks and am. very thankful for .what McCoy’s Cod Liver Oil Compound Tablets did for me. „ To take on weight, grew strong and vigorous, to . fill out tlie hollows in cheeks and neck, try McCay’s Cod ! Liver Oil Compound Tablets for 30 i days. 00 Tablets--60 cents at the Pearl Drug Company and druggists * everywhere. If they don’t give you wonderful help iu' 30 days, get your money back—you be the judge. Bnt be sure and ask for McCoy’s, the or- , iginal and genuine. 666 is a prescription for Malaria, Chills and Fever, Dengue or Bilious Fever It Kills ifie germs BILIOUSNESS and sick headaches, sour stomach, inactive liver and harmful constipation are avoided, and digestive pro cesses put to work in a nor mal healthy manner by Chamberlain’s Tablets They keep the liver healthily active, make digestion easy, and cause the regular daily movement so necessary to good health. Why suffer when Chamberlain’s Tablets may be so easily had. Only 25 cents. Gibson Drug Store. 1 to 1% More Miles Per Gallon by Test —gear friction reduced to new low point Ccant. Actual itc Transmission Lubricant makes your car 15% to 20% freer run ning. Adds 1 to due tp reduced friction. today. Try the new Transmission Lubricant Auto Supply & Repair Co. i I , 1 PAGE THREE ygEI. ■ your furniture, floors, doors H and woodwork. It’s fascina- . ting to seethe “like new” finish : ■ come back as you apply mag* J ical O-Cedar Polish, the safe, BB certain beautifier. No hard ; . I rubbing with OCedar Polish ■ and a little goes a long way. m Try one bottle. It’s sold every- ■ m where ** various sizes from H loe^l BILIOUS_ATTACKS From Which Kentucky Man Suf fered Two or Three Times a v Month, Relieved by Black-Draught Lawrenceburg, Ky.—Mr. J, P, Nevins, a local coal dealer and far mer, about two years ago learned of the value of Thedford’s Black- Draught liver medicine, and now ® he says: “Until then I suffered with so- ' vere bilious attacks that came on two or three times each month. I would get nauseated. I would have dizziness and couldn’t work. “I would take pills until I wan " worn-out with them. I didn’t seem to get relief. After taking the pills my bowels would act a couple or three times, then I would be very constipated. , “A neighbor told me of Black- Draught and I began its use. E never have found so much relief ns It gave me. I would not ba without It for anything. “It seemed to cleanse my whole Bystem and make me feel like new. I would take a few doses —get rid pf the bile and have my usual clear head, feel full of ‘pep’ and could do twice the work.” One cent a dose. NO-161
The Concord Daily Tribune (Concord, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 15, 1925, edition 1
3
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75