Brevard news. (Brevard, N.C.) 1917-1932, April 02, 1931, Image 1
BREVARD, NORTH CAROLINA, APRIL 2, 1931 Number 14 VOLUME XXXVI RETURN TRUE BUI ] AGAINST SH1PMAN j ON THREE COUNTS1 Former Bank President Charg ed with Embezzling $21,703.81 MISAPPLICATION AND ABSTRACTION CHARGED, Shipman Says Forgery By a J Y Customer Accounts for $15,000 of Amount True bill was returned by the | Grand Jury in Superior court late j Tuesday evening against Thos. H. Shipman, president of the Brevard Banking company, now closed, charg ing embezzlement, misapplication and abstraction of the bank's funds. The indictment was signed by J. Will Pless, Jr., solicitor in this district. The sum named in the charge as hav ing been embezzled, misapplied and abstracted is $21,703.81, and date of r alleged action is given as date of De cember 15, 1930, on day that the bank : closed its doors. Bond in the sum of $5000 was demanded by the court. , Mr. Shipman is one of ?he? best ( known men of the county, and had served as president of the North Car- . j olina Bankers association. When in formed that the indictment had been ; made and of the charges contained ? therein, Mr. Shipman issued the fol- | lowing statement: ji "I have not seen the bills of indict ment, and know only what I have ( heard to be the basis of the charges, j, 1 am confident that a hearing in open ' ] court, here in my own county, will , thoroughly vindicate me of all i charges. i "While there are items which con stitute an overdraft against my ac- i count, it does not represent money i that I drew from the bank. Most of I same consisted of items of customers \ that the auditors charged to me after j the closing of the bank, one of which , reaches the rather large figure of ; $15,000. This item came about through t forgery on the part of one of our r customers, and which I personally t and voluntarily made good temporal:- f ily, and I secured the bank against , loss on account of this forgery. So ] far as I know, every transaction was ! j handled in the usual banking man- f ner," ' j Closing of the Brevard Banking js company came 25 days after the fall j i of the Central Bank & Trust com- ( pany of Asheville. More than one t million dollars on deposit, including t more than $600,000 county and town ( Continued on back page ) RENEWED INTEREST ! IN RE-OPENING BANK Much Activity by Committees and Many Signing the Agreement 'Increased activity in the work of re-organizing and re-opening the ( Brevard bank is noted here since the | meeting of the stockholders, which!1 t was held in the court house last j i Thursday, and largely attended. H. c A. Plummer was named chairman of i f the meeting, and David Ward was|( selected as secretary. The proposition ; , which had been submitted to the j ( stockholders by the Depositors' Com- , mittee was read, and its provisions accepted. A committee was named 1 . by the stockholders to work with the committee of the depositors in iron ing out the many questions arising, |] and to submit plans to the corpora-;! tion commission for approval by that;1 body. . i j H. H. Patton moved that the cor- 1( poration commission be asked to make a 35 per cent assessment against the stockholders, .to raise the amount of money for re-opening the bank which ha^l been requested in the proposition as submitted by the Depositors' Com-j f mittee. This motion was given unan- \ imous approval, and the committee was named. The joint committee met at the Chamber of Commerce rooms on Tues- ; day afternoon of this week, and some i fifty men from all sections of the : county were added to the joint com-j mittee, and actual work was begun in ' obtaining signatures of depositors to , the agreement. This agreement pro-; vides that depositors will set asidi 30 per cent of their deposits to be added to the surplus fund, and "freeze" the remaining 70 per cent for a given length of time. Although the committee on obtain ing signatures have worked but part of two days, 30U depositors have al ready signed the agreement. It is ' known that more than this number have signed, but the agreaments are , in the hands of citizens living in out- 1 lying scctions o/ the county, and re ports had not been received from them. These will be in Saturday, when it is expected that more than half of the depositors will'have signed up during the first five days. In the meantime, a sub-committee is working on the other end of the proposition, and is now in corres pondence with the state banking of ficials for the purpose of making cer tain that whatever is done here will _ be done in suqh manner as to conform to the rules and regulations of the state officials. RETURN TRUE BILLS i AGAINST MEMBERS j OF FORMER BOARD __ ? I Silversteen, Shipman and Fish er Also Named In Indictment IN CONNECTION WITH SALE OF $100,000 NOTE Fisher Asks for An Immediate Hearing of Case ? Con spiracy Charged True bills wore returned by the Grand Jury Wednesday against the board of county commissioners which retired last December first, the county i attorney serving with that board, the president of the Brevard Banking company and the chairman of the board of directors of the bank. One bill charged the county commisson ers with failure to obtain collateral i for public funds deposited in the Bre-| vard Banking company, while another i bill charged the former county com- ' missioned, the former county attor- , ney and officials of the bank with | :onspiracy to defraud Transylvania! :ounty in the sum of $100,000. Named in the bill are the follow ing : Thos. II. Shipman, president of the Brevard Banking company. Jos. S. Silversteen, chairman of, :he board of directors, Brevard Bank ng company. J. II. Pickelsimer, former chairman : )f the board of county commission ers: A. M. White, W. L. Talley, S. ; it. Owen and C. It. McNeely, former ;i nembers of the board of county com- j nissioners; and Ralph It. Fisher, for lier county attorney. No warrants had been issued late Wednesday, hence no bonds had been i lamed by the court for appearance. ? Ur. Fisher, speaking for himself and i lis former associates in the county j government, asked the court foF im- ! i nediate hearing of the cases. The bill , ! igainst thy former commissioners | iharges that the board of county com- . i nissioners were empowered under ! -he law to select a depository for the p 'unds of the county; that the com-j< nissioners did select the BreviirdU banking company as the county's de-jl jository; and that the commissioners 1 1 'ailed and neglected to require of the I Brevard Banking company a bond it)1! ;ome surety company doing business < n North Carolina, as the law re- i i luires, in an amount sufficient to pro- 1 j ect the funds of Transylvania coun- , ?y. The bill charging conspiracy to L ( Continued on back fxtye) SCHOOL BOARD TO ORGANIZE MONDAY': i Wilson Suggested as Chairman ' ? To Name County Superintendent ? Next Monday will be another active j < lay in Brevard, when the county com- ji nissioners will be in regular session, J md the newly appointed board of edu- j j :ation will meet for organization. The i :ounty commissioners met last Mon- ' lay and transacted special business ] .?elating to the finances. The board ofli xlucation also met Monday, the last'' session to be held by the old board. There is no money as yet for the :eacher?, it. is s?id, they not having j jeen paid in full this year. Fifty ] aer cent was paid for January's work, > 20 pc v cent for February, and noth ng 1 ? March. Plans are being , rushf .! through, however, to obtain money with which to pay the teach ;rs. The new board of education, now insisting of five members by legis- j lative enactment which increased the | board from three to five in number, will organise next Monday. L. P. j Wilson is spoken of on the streets as ; being the favorite for the place of 1 chairman of the board. Mr. Galloway, | of Kosmnn, the only member of the J old board to be re-appointed, Sid Bar nett of I'isgah Forest, C. V. Shuford , of Little River and Leo Cash of Oak- ' land, are the other board members. ! It is not known what action the new board will take on the question of naming a county superintendent, j Some reports have it that Prof. I Verner will be retained for another two y.ars, while others express con fidence that Prof. J. E. Rufty will be I named as head of the school system i in the county. Suggestion is made in ? many quarters that neither of these! will be named, and one report is to the effect that another man, not yet mentioned pubicly in connection with the place, will be named. GRAND JURY SERVING IN IN SiPERIOR COURT HERE Following is a list of the names of tho .citizens selected to serve on the Oram. Jury, now ih session for Super ior court: W. A. Wilson, foreman; F. L. Wil son, Lambert Gillespie, EHe Cassell, Webb Hollingsworth, Ace England, | Louie Fisher, Nath McGaha, Hughie I Orr. Chas. LaMance, M. B. Bagwell, B. N. Toai'Ut1. K. F. Gillespie, Porter [Morgan. B. VV. Trantham. Jim Jones, ' R. E. Fortesque and J. P. Wilson. SHERIFF PATTON IS INDICTED IN BILL ONSEVERAL COUNTS Charged With Falsely Repre senting Possessions In Ob taining Money NAMED AS AGENT OF PATTON-PICKETT ?0. Requests Court to Give Himj Immediate Hearing In the Matter True bill charging that he ob- ! tained money from the Brevard ! Banking company through false I representation was returned by the Grand Jury Wednesday against T. E. Patton, Jr., sheriff-tax collector i of Transylvania county. Six specific ( instances were cited in the bill, chair ing Mr. Patton with representing in each instance that he, as agent for the Patton-Pickett Timber company, had certain values in shipments of poles, upon which representations he obtained sums of money in each in- 1 stance. The alleged transactions arc | said in the bill to have been committed ' on the 7th and the 8th days of Oc tober, 1929. Upon being informed that present ment might be made against him, Mr. ' Patton requested Solicitor Pless to ' send in the bill, and when it had been | sent in and returned, counsel for Mr. Patton, in open court, asked for trial < at this term of court so the matter j :ould be cleared up. The six shipments of poles included |: in the bill had a total value of ' fl, 720.05, for which, the bill recites, j Mr. Patton received these sums ol' j 1 money, aggregating the above named ' amount, and the bill charges in cachj! instance that the defendant did not possess these poles, and misrepresent- I jd the facts to officials of the ban); ! from whom the money was obtained, j Bond in the sum of S1000 was de- | manded, and immediately furnished. 1 The bills covered five pages, type- 1 .vritten, covering each count, giving 1 Jate of alleged transaction, number!' )f poles shipped from each point, des-j' :ir.ation, amount of money each ship- 1 nent was represented to bring in, and ;hen the charge in each instance that ' 1 nisrepresentation had been made j*- 1 )btaining the various sums of money.,' from the bank against these ship- / nents. | ( APPEAL MADE FOR SCHOOLCHILDREN! Officers and members of the Par- ! ;nt-Teacher association issue urgent!] appeal for volunteers to provide ! , unches for the two groups of chil-!t Iren here who have been receiving |J ;h'ese lunches throughout the school .?ear. Plans are made for the . unches up to and including Wednes-i] lay, ^April 8. There are 20 children i n one group, and fourteen in the 1 )ther school group. The Parent- || Teacher association has been provid- 1 tng milk for both groups, while vol- , ' jnteers have provided sandwiches. 1 There is noted improvement in the ! < health of the children, it is reported, / and the need for continuation of this 1 work until school closes is urgent. Following is a list of the volunteers ' who will provide lunches through , Wednesday, April 8: Mrs. Dr. R. L. Stokes, Mrs. Truman i' Crary, Mr. and Mrs. Carl McCrary, I Mrs. Avery Galloway and Mrs. j] James F. Barrett. Volunteers are needed for providing lunches begin- 1 ning Thursday, April 9. Notice should j be given Mrs. Charles Pickelsimer, ! Mrs. H. L. Wilson, or any member of j the association. T. W. WHITMIRE ASKS FOR SEVERAL TRACTS As an indication of the manner in which people are turning their eyes toward Brevard and Transylvania county, T. W. Whitmire, mayor of Brevard and real estate dealer, has placed a quarter page advertisement i in this issue of The Brevard News, asking for three, five and ten acre , tracts of land, near Brevard. "It is i urgent," the advertisement reads, "whatever is done must be done at once." Men who have made a study of ; conditions Here predict the summer j and fall of this year to be the most : active in the community's history. : There are some big things in store for I this section, and all of these events, although seemingly small when con sidered alone, but taken in the aggre gate are sufficient to cause people to take new hope and new heart, and , work toward a gerater goal than ever j before. REGULAR MEETING OF O. E. S. NEXT TUESDAY Regular meeting of the Pisgah Chapter of the Eastern Star will be held naxt Tuesd"'" nt the regu lar hour. A large attendance is me ed. MARK GENTRY FOUND GUILTY OF MANSLAUGHTER IN CASE OF SLAYING CLAUDE MASON \ Mark Gentry was found guilty of manslaughter in Superior court, . the verdict being returned by the jury at 6 oclock Wednesday afternoon, after having been out about one hour. Gentry was being tried for the mur der of Claude Mason, on the 7th day of Oct. last year. Gentry based his plea on self defense, and has been out under bond since a few days after the preliminary hearing. The following citizens were on the jury, which Returned the verdict of manslaughter : Granville Fisher, Joe Clayton, Jr., Clyde Pitman, Bob Mackey, Carmel t Pickelsimer, Jot' McCrary, Cole I Lee, Frank Case, afldon Barton, Will Con- 1 ley and R. E. Whitmire. Gentry was represented by Wm. E. i Bieese, T. Coleman Galloway and Pat; Kimzey. . Solicitor Pless was assisted ' for the state by R. R. Fisher and L. jP. Hamlin. Trial of the case was be- , gun Wednesday morning, the verdict | being returned before 0 o'clock in the ! evening. Judge Grady, who was; called back to thfe court room from' the Waltermire Hotel, announced that he would pass sentence Thursday. | JUDGE GRADY HERE FOR FIRST COURT ? ; ? Many Cases Disposed of ? So licitor J. Will Pless Is Prosecuting Superior court, beginning here Monday morning with Judge Ilenry A. Grady presiding, and Hon. J. Will ! Pless, Jr., solicitor, has disposed of | numerous cases on the criminal dock et, all of which were of minor nature, except the murder case against Mark j Gentry. This is the first court in Transylvania county over which i Judge Grady has presided, yet in the j few days that he has been here he has j made many friends. Solicitor Pless 1 is well known here, and this county :laims him as one of its own citizen!--, j It is believed that the criminal ! locket will be cleared before the <.: ' ! the week, unless trial of some of ;he bank cases come up. Sheriff T. E. Patton, Jr., has asked that he be; jiven an immediate trial on the [ ?harcrea lodged against him, while R. ' It. Fisher, former county attorney, : nas requested for himself and for the former county commissioners indicted j' with him, a hearing at the earliest possible moment. It is not known! whether any of these cases will be; icard at this term. Next week will be devoted to the.| :ivil docket, on which there are some | mpnrtant eases. Judge Grady will i' remain here ?or trial of the . civil locket, while Solicitor Pless will gr' 0 other work as soon as the criminal locket has been cleared. LIMITlFlAWTO be GIVEN, SAYS MAYOR Mayor T. W. Whitmire stated :<< ,he press Tuesday that instructions, lave been issued to the officers to ' tiake arrests of all people who violate ; ;he law governing conduct of the. public while the fire whistle is blow- < ng, or while the firemen and the '? :hief are on the way to the place of | 1 lire. The mayor further stated that i ie intends to give the maximum pun- 1 shment to those who are guilty oi , :hese violations, and is giving this ; public notice to the end that all may | enow what to expect in event the or- j iinance is violated. The ordinance provides that ali . drivers of vehicles on the streets ol the town of Brevard shall park thru :are immediately when the live whistle, or gong, or the fire siren, is sounded, and remain parked until the file fighting forces shall have clear passage on the streets to the location t>f the fire. Following is the ordinance which is to be strictly and rigidly enforced, the mayor says: "Be it ordained by the Board of Aldermen of the Town of Brevard, N. C., that all persons, other than mem bers of the Fire Department, who may be driving any automobile or other vehicle on any of the public streets of the Town of Brevard, shall at the sound of the "Fire Whistle," or the Fire Bell, park their vehicle in such a place and manner as not to inter fere in any way with the passage of the Fire Truck or automobile carry ing members of the Fire Department until the exact location of the fire is ascertained. "Any person violating any of the | provisions of this ordinance shall be ( guiltv of a misdemeanor and shall be fined" not less than twenty-five dollars, j or imprisoned not more than thirty j days in the discretion of the Mayor." MANY COMING HERE FOR B. Y. P. If. MEET i The Western North Carolina Reg- 1 ional B. Y. P. U. Convention meets i with Brevard Baptist church April 17 and 18. This will be one of the most significant meetings ever held at j this church. Plans are being made by the dif ferent committees to care for and en tertain the scores of Unioners who will attend this convention. A hous ing committee will make a survey of the town possibly this week to secure homes for the delegates. Cooperation of other churches of +ATt'W ' th6 Scouts have agreed to be on hand and iinlp in every way possible. JUDGE'S CHARGE IS HIGHLY COMMENDED Plain Presentation of Purpose of Court and Duties of Citizenship "In the courts of our land, onej man is as good as another, and there nr:st be no difference in the trcat n: 'it of men in our courts," said Judge Henry A. Grady, in delivering k charge to the Grand Jury Monday morning. His Honor had explained the dutifs of the Grand .jury, stress ing the importance of the position of the foreman of the body, when hu continued with the assertion that th re can be no favoritism in tlv courts of the country. Some mensth" jud| iaid, had violated the law, and bee:. ? of their political influence, , financial standing or religious con nections, has escaped indictment an ! prosecution. It is only through ilu Grand Jury, the judge asserted, thai redress can be had, and warned th" jurors to make investigations and follow these with presentments when evidence of wrong-doing justified such action, regardless of the man or men, their position or power. ( Judge Grady also stressed the im- 1 portance of examination of the books ; and records .of justices of the peace. A justice of the peace, the judge cx- ; plained, must make his report to the . clerk of the court at least ten days prior to the opening of a term of court, and reporting in detail all : cases that have been tried before the , magistrate, and must turn in all fines : and forfeitures to the proper offic- , ials. Judge Grady's charge to the Grant! ! Jury was plain and to the point, eas ily understood by the body addressi.-:! ' and by the large crowd of laymen in the court room. It was in reality ' most highly appreciated lecture to all ! who heard him as to the purpose of the ? courts, Jthc great protection to so ciety provided by the courts, and the Judge Grady's first court in Transyl vania county, yet in the few days j that he has been here many citizens have expressed great admiration for , the jurist, and many comments have been heard as to his ability and very > evident sense of fairness and cour- , tesy to all people who come in con- ? tact with him. BANKS RE-OPENJNG IN MANY COUNTS Practically all the banks in West em North Carolina that went down with the Titantic, when the big Cen tral Bank & Trust company of Ashe ville sank last November, are now re-opened, re-organized and doing business. The banks that closed in Asheville, "Hendersonville and Bre vard are about the only ones that re main closed. No effort has been made to re-open any of the Asheville or Hendersonville banks, the latter city taking the course some time ago ol starting a new bank, and leaving the ; closed institutions to be liquidated. ! Some twelve or fifteen banks in ? the counties of the West have been re-opened and re-organized. In some instances the depositors placed as his as 60 per cent of their deposits in the surplus fund, freezing the re maining 40 per cent for three years, and re-opened on this basis. All the banks have taken the position that ; re-opening and re-organization is the better way of handling the situ ation. "Ynrponinij belief that deposi tors would receive more than through liquidation of the banks. Many men have been working hard here in an effort to re-open and re organize the Brevard bank, and splen did progress is reported. Business has greatly increased in every town where i the banks have re-opened, and men who study conditions assert that there i can be but little progress made hero | until the community is provided with banking facilities. TINSLEY BROWN RETURNS TO I JOB IN THE P1SGAH FOREST I Tinsley Brown, popular citizen of the Balsam Grove section, has been in I town this week attending court, but :left Wednesday afternoon to resume I his work for the Carr Lumber' com- ' ipany in the Forest. Mr. Brown ii runr-'*"" "Jogging job on Big Creek for he comwany. He was witness here 'in the Mark Gentry murder trial. I LEGISLATURE NOW BEGINS 4TH MONTH OF PRESENT SESSION Sales Tax, Bone of Contention, Now In the Senate, May Die MacLEAN SCHOOL LAW CAUSE OF BIG WRANGLE fc' No Adjournment In Sight ? 1 Predicted That MacLean Will Be Repealed North Carolina's legislature is breaking all records for length of time in continuous session, as it en ters upon its fourth month of work, with no indication of adjournment, ?he revenue bill, embracing the sales tax plan as passed by the lower house, is now in the hands of the senate group, where, it is freely predicted, the $ales tax feature will be elimin ated. Prediction is also being mada that in the end the MacLean school bill, cause of all the long sessfon, will be repealed, the equalization fund in creased, and tax left on land for sup port of the schools. Brevard News Burrati Raleigh, April 1 Sales tax or no sales tax has been the all-absorbing problem in the Gen eral Assembly for a week, particular ly in the House of Representatives side of the General Assembly. Tho question of, if a sales tax, then which, was answered by the Houso committee and later by the Ilnuse, as a committee of the whole, in favor of the general sales tax ngainsj the so called luxury tax, by the close mar gin of four votes. This vote, of course, was not de cisive. In fact, proponents of the lux ury tax, in some instance?, voted for the general sales tax, with a sort of reservation that they would introduce amendments when it comes to final voting in the House to substitute tho luxury tax, or that the Senate, when the revenue bill reaches that body, would substitute the luxury sales tax and send it back to the House for concurrence. Lines established when the so named MacLean bill was enactcd to require the state to support the six months school term, and when the later John ston-Jolly bill, providing machinery for operation of the six months term, was enacted, both by overwhelming majorities ? these lines have become all broken up over methods of financ ing the six months term. It would seem that the legislature would in ( Continued on ]>agc five) NEW REAL ESTATE FIRM ORGANIZED McCrary and Hamlin to Adve* tiee This County Far and Wide Announcement is made in this vsue of The- Brevard News of the forma tion of a new real estate company in Brevard, composed of Judson Mc Crary and Lewis P. Hamlin, under the firm name of McCrary & Hamlin. It is announced that a general rea' estate business is to be>conducte(. offering all features of service, ir? eluding the sale and purchase of re: estate. }>oth town and county, renta' . re-financing, and all elements of sc vice that will prove of value i<> the property owner or man who desires to purchase property. That there is great need here for an active firm of this kind has long been realized. The firm intends to dc extensive advertising both locally and in other fields where prospective citi zens may be induced to come here and invest in real estate. In addition to homes and business houses, farms and stock" farms, the company intends to push the sale of hunting and fishing preserves and summer camps. Mr. McCrary is an experienced veal estate man, recognized as an author ity on real estate values. Mr. Ham lin is one of the outstanding lawyers of Western North Carolina, and while he will be actively connected with operation of the real estate bus iness, it is not to interfere with his practice of law, it is said. Offices have been equipped in the Pickelsimer building on Main street, where Mr. Hamlin has long maintain ed law offices. There is a decided trend toward increased activity in the real estate field here, and it is be lieved that the constant work of this new firm will be of untold value to the town and county. WOMEN WORKING ON PLAN TO CLEAN UP THE TOWN The Woman's Bureau is busily en gaged on plans for cleaning up the town for the summer season. One additional attraction to be offered is the plan to prepare the court house lawn, toi'W used as a park during the summer. The Bureau is selling lunch es at the court house ?his week, mak ing what money they can for the pur ,pcs8 of preparing the court house grounds for the summer. It is be ilieved that an intensive campaign ?will be waged by the women to clean iip the town in splendid manner for i the season.