Newspapers / Brevard News (Brevard, N.C.) / Aug. 4, 1932, edition 1 / Page 4
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Judge Denies New Trial to Four Men In Bank Case " -^sr-Z ' VV { Continued from on?) that as he had known the ^roer sheritf of Haywood county that he 2 waved to him in passing and id the time of day, or asked how L felt. The state presented J ui' ? Bedford Jo. arwr- ?s?2 ? - ?to?vSi 10 Which th, MM* annarently attached importance was iurors, while serving here at s trial! went into the bmlding of the Brevard Banking ^ompany .^tha ^ who wanted to know another man, wuu h ? o? ttHfi his name was Butte, , . Then it1 r SAWJFsS' been busted, ? the a#. ? hsswcrMSW; conclusion of the evince and after , bep'ehes thai he would communicate 8Pt il H Hoyle Sink, trial; judge, as to the allegations contained ?_*t > -irlnvits concerning the Butte ?oXt'to'ju*?. Sink'. ????'?"? v^trsSSf^ opinion among the p almost coPuvt attendants seems to tajtaj* ?Ue lawyS, delivered one of the most powerful appeals ever heard I in a Transylvania county court. His speech was more than an address by the innocence of his clients, i loquence born of sincerity with a touch of desperation m Mr' b-outrht from t"e nt-dl|- . Smathers a ringing appeal m beha^ , of these citizens that t>rouj,ni u thews of many men m the court. , . ? | , r the defendants worked i wiaWfitosssjii fieS. Men in a? and of all denominational creea, worked hand in hand in behalf of the ^ defendants. ? , What has become known as , Brevard bank case r* r Mc- '? ssJ\Vw1aK,Ac6^?ji T'Kr? "vsstfsst't sionevs, and Kaipn n. ohiprnant Z"' J rSrsteen, prudent a J; president of the Brevard Bank-, charge^f1 conspiracy. A county note | n he ?um of $100,000 was sold by ] the county to the bank 1930. The bank closed on Decern 15 following. In August, 1981, the, men were tried in Judge Hoyle Sinks, W. before a jury brought m from , Havwood county, and convicted. < Penitentiary sentence were passed ;pin T alley. White. Owe- uj Silver Owen were freed. Bv a t <-e decision the verdict again t the fi SS^SW&n3fs? ^?bS SiSnt evidence to conv.ct anv of tho men. Following is a copy of the petmo filed by the defendants in asking a new trial: STATE OF NORTH CAROLINA COUNTY OF TRANSYLVANIA j IN THE SUPERIOR COURT AUGUST TERM, 1932 STATE -vs. T. H. SHIPMAN, J. H. PICKEL "* SIMER. C. R. McNEELY, RALPH FISHER AND JOSEPH S. SILVER 'S'" STEEN. To The Honorable Walter E. ?s~- Moore, .Judge holding the Courts of the 18th Judicial District of North Carolina : The defendants, T. H. Shipman, J. H. Pickelsimer, C. R. McNeely and Ralph Fisher, respectfully petition the court and Show: -1 That the defendants were indicted on the bills of indictment appearing 1 of records in this cause and were tried and convicted at the Special August Term 1031 of the Superior Court of Transylvania County. -2 That the defendants nor either of them are guilty of the offense charg ed and upon which they were con licted. -3 That the defendants and each of them are informed and believe that they have not had a trial as contem plated by law on account of the mis conduct of the jurors who tried the cause as hereinafter set out. -4 Tfee defendants are informed an^ Believe that they are entitled to a new trial on aceount of the miscon duct of the jurors who tried this j cause and on account of evidence j i.ewly discovered and not available ij the defendants at the time of the i rial, as shown by affidavit of de- , .'s.iiclants filed in this cause, for the consideration of. the court upon this i motion. < -5 That your petitioners have hereto fore given notice of the filing of this petition by a petition and motion in the clause which has been duly set for Hearing at this term of this honorable court by the Honorable J j ri. Clement, Judge holding the courts of the 18th Judicial District at Rutherfordton on the : ? day of i ? , 19 . this being the ?'first term of the Superior Court of Transylvania County since the opin ion sustaining the conviction as to these defendants was certified down by the Supreme Court of North Caro lina to the Superior Court of Transyl vania County. -6 That during the progress of the trial of this case tne jury chosen, sworn and impanneled to try the ae ! fendants were guilty of misconduct, in that, two three, four, five, or six 1 >f the jurors, during the recess of ;he court, and while the jury was passing the Brevard Banking Com pany, without leave of the court and I without the knowledge of the defen dants, members entered the Brevard Banking Co., the door of which was 1 .pen and the business of the liquidat ing being carried on therein at the time. (B) That certain of said juror a that ?entered the bank, (one or more) while in the said Brevard Banking Com pany building, were guilty of miscon duct in that one of said jurors made inquiry as to how long the Brevard Banking Company has been busted and said juror or jurors were inform ed by a nerson, whose name was I Butte, that he was the auditor who audited the bank after the close of i 'he bank and that the bank had been ; busted since 1925 or 1926 at the time if the busting of the real estate boom. (C) i That a juror, W. R. Medford, chos I n, sworn and impanelled t? try the ! r-sues and as a member of the jury, endered the verdict of guilty in. this ! -ause, during the progress of the rial was guilty of gross misconduct ?md entitling the defendants to a new rial, for that when the jury had com pleted their lunch in the Canteen, a ?fe in Brevard, the said W. R. Med "urd walked out of the restaurant head of the other jurors and in the bsence of the other members of the ury, carried on the following conver sion with a state witness, E. F. "Ioffit, the said Moffit saying to the said Medford: "I am one of the "at'?'s witnesses in the case and I '?iave got nothing against these men. but th-' neople want these men con To which the said Medford y. -><j, "Don't you worry about their being convicted. That is what we are here for." (D) For that the juror, Herbert Burnett, who was sworn, impanelled ind sat upon the case was not a qualified juror, because when the said Burnett, upon his examination as to his qualifications as a juror, stated that no person had ever discussed the ?as." in his presence, which fact so stated was not true as appear* from ( 'he affidavit filed in this case. (E) That others of said jurors, as the ' petitioners are informed were guilty ! >f misconduct that disqualified them, i in that they, as petitioners, are in ! formed, after the trial ?.nd adjourn 1 ment of the court, stated matters that i were wholly disqualifying as a juror o serve in the case. That in addition to the misconduct of the jury are hereinfore set out, ?he defendants, T. H. Shipman and Ralph Fisher have discovered, since the adjournment of court, and since ihe rendition of the opinion affirm- j :ng their conviction by the Supreme Court, that on August 4, 1930, and j -irioi' to the date alleged that the lefendants conspired to fradulently j issue notes in Transylvania County for the benefit, of the Brevard Bank ing Company, a motion was carried and entered upon the records of said meeting to anpoint a committee to , arrange about financing the debts of ; the county, and Book No. 5, page 73, 1 of the County Commissioners of said .county is here referred to and made a pert of this petition as if herein j set out to in full. T. H. Shipman I further says that the record of the | minutes of the meetings of the Com ! missioners of Transylvania County I ">hows that the Board of County Com missioners prior to the time, the i County Commissioners had passe'", an order granting the extension of time , for the collection of taxes in ! Transylvania County for a period of thirty days, and this knowledge did ^ot come to T. H. Shipman until af fer the trial of the defendants and ??h" adjournment of the court: that said misconduct of said jurors and "ewly discovered evidence did not "ome to the knowledge of defendants ?intil after the conviction and ad :nurnm?nt of the court at which they ?ere convicted: that the defendants, ^hipman and Fisher, had no know '"dge or information as to the matters contained in the minutes of the board "e Commissioners and were ignorant "f said minutes, and had no Teaser Lo know that such minutes existed and -"-?ere not fixed with any knowledge of -aid minutes, and it was not in their knowledge to search the records. Your petitioners further show to the Court: *? (1) That-, -witness above ' re- 1 .ferred to will give, the newly discover ed evideifee ; set out and heruin re-; ferred to and will testify to said mis conduct and newly discovered evi-j deuce at. a new , trial of this case, (2) thfkt'V^e newly discovered . evidence, .as "thes'^ petitioners are In- ? formed and. believe, Is probably true, (3) That ".-w4 evidence is com-' petent, material and relevant- > ; (4) That yqur petitioners used ah iue dilfcpnce 'and proper means to; procure, all evidence to be used as; testimony at the tyial of the case, but the petitioners, Shipman and Fisher,; could not avail ' themselves even by : cross-examination of the contests of j the record of the County Co/rn*? sionera because of their total ignor ance of the contents : that none of the defendants had any knowledge or , discovered any of the other miacon duct alleged herein of the jurors or any of the newly discovered evidence 1 until after the trial of the case wn<l | adjournment of the court at which ^ ' the said petitioners wore tried ana I sentenced, nor could they, by the exercise of due diligence, nave acquir- | ed that knowledge of information. ; (5) That the newly discovered; evidence, both as to the misconduct, ct.' the juror, and as to what is contain- j ed in the affidavits and minutes as | above set out is not cumulative, but , new evidence which wa3 material at the trial and with respect thereto. < (6) That the matters alleged and the evidence referred to la this wtition and in the affidavits and certified copy of the minutes of the Sn rd of Commissioner* here.o at- j I -tV.ed (io Aot 'tsnd only to contradict ( ! -\ny former witness or to impeac.i or , edit him. . , I (7) That said evidence is of such ^ nature as to show that on another j trial a different result will probably I | ^ reached and that the right will ; prevail. , , .. ! Your petitioners further show the , court that, as stated above, the .n- . formation hereinbefore set out came j to the knowledge of your petitioners ! too late to be used at the trial ti this : icase. That an appeal from the judg- j ! ment in the above entitled cause was | 1 taken to the Supreme Court of North I ! Carolina and that said judgment was j ; affirmed and the opinion has Deer. ! certified to the Superior Court of 1 Transylvania County the same having , i been tiled therein on the 12th day of i May 1932. WHEREFORE, your petitioners! nray that $n order be issued by this j Honorable Cotfrt addressed to the i . Clerk of the Superior Court of ; Transylvania County ordering and | requiring said Clerk to take no fur- 1 ther action in this matter and that | a stay of the execution of the sen- j tence and judgment of the Court in | this case be had until the next | criminal term of the Superior Court | of Transylvania County, at which j time your petitioners will present to i the Court evidence in support of j this motion. Attorneys for the Defendants T. H. Shipman. J. H. Pickelsimer, C. R. McNeely and Ralph Fisher, oach being first duly sworn, deposes and says: That Jje has read the fore going petition and knows the contents thereof ; that the same is true of his own knowledge excent as to matters therein stated on information and Sel'ef, and as to those matters h-r i believes it to be true. T. H. SHIPMAN J. H. PICKELSIMER I C. R. McNEELY ' RALPH FISHER Affiants. Sworn to and subscribed before me j this the 1st day of August 1932. OTTO ALEXANDER, j Clerk Superior Court. | ORR REUNION TO BE HELD ON AUGUST 26 The annual reunion of the Orr fain- ! ily will be held at the V. M. Orr | camp grounds in Hendersonvill? on j Sunday August 26, according to a I recent announcement of Oliver H. | Orr, president of the convention. j The camp grounds two miles east j cf Hendersonville were the scene of the reunion last year when a large number of the friends and relatives of the Orr clan were present. An even larger crowd is expected this year to enjoy the program which is being arranged at this time. A basket dinner will be held on the grounds at the noon hour. Frank Morris left Wednesday for his home in New York after visiting his cousin, Miss Winifred Nicholson here for several days. DR. W. M. LYDAY TO USE GARREN PLACE Dr. W. M. Lyday, for many years a I popular practicing physician here and I Dr. Harold J. Bradley, his grandson have made plans here to locate their offices in the H. Garren building on East Main Street. Their offices will be located on the ! second story of the building while H. j Garren will continue to operate his I business in the lower section. The entire building was purchased by Mrs. W. M. Lyday and plans are being made .at this time for the re vision of the upper story and other improvements are underway. THE RIGHT WAY T(# TRAV2J 1 is by train. The 'safest S^ost com' ! fortabie. Most reliabU. Costs less. ' Inqofre of Ticket Agents regarding j ".tmw reduced fares for short trips, i -OU^HERN RAILWAY SYSTEM* The educational plant of the i Baptist church waa the scene of ur.- j usual interest and activity Sunday ; evening when 650 people viewed the I attractive handwork displays of the, students of the Daily Vacation Bible j School which closed with the com- j mencement program that preceded the handwork display. The parents saw tne class rooms as they were during the operation of the school. The articles which the pupils had made themselves were displayed with names attached so that fend parents could view and compare their children's work. An element of surprise was the quality of the woodwork which the junior boys had done ir. making fer nery sticks and miniature wooden animals for lawn adornments. Shin ing with freshness their paint hardly dry, they turned the temporary work shop in the basement into one of the most attractive exhibits of the school. Credit for instructing the boys be tween the ages of 9 and 12 in making these exhibits is due to Mrs. Mitchel Neely and Mrs. Ralph Duckworth. Mrs. Rufty assisted part time in this department. Mr. John Reynolds and Mr. Dean Whitlock also aided consid erably in this work. The primary departments next door to the workshop attracted throngs of people to the extent that the writer found it difficult to enter the room because of the crowded con- j dition. It was surprising to see the j sail boats, potato animals, Japanese' lanterns and other articles when one considers that they wore made by boys and giris between the ages of 5 and 8 years. Miss Loraine Payne and her splendid corps of assistants received many compliments from visitors. Her assistants were Miss Fannie McGehee, Miss Clara Garren. Hiss Sarah Helen Smith, Miss Nelle Duckworth. Miss Martha Vaughn, and the other teachers in the department, Mrs. T. E. Reid, superintendent, Miss Eva Call, music teacher, and Mrs. Lillian Hadley, story teacher . Gasps of surprise came to the lips of observers when they learned that the stuffed rabbits in the junior de partment were mad<? by girls as young as 9 _years. The paper spoon dolls also attracted considerable at tention. Miss Lena Allison and Miss Vesta Young, Miss Helen Erwin, and Miss June Grogan are responsible for this department handwork along with Miss Geneva Neil, superintendent; Miss Marjorie Garren, assistant superintendent; Miss Beulah Garren, secretary; Miss Mary Frances Big gers, story teacher; Miss Lillie Mc Crary assistant and others. The crowds seemed to linger long est in the intermediate department upstairs. Here was found the larger guis handwork and the larger boys woodwork. Miss Elizabeth Duckworth deserves much credit for the splendid display of girls handwork. Many of the girls at the beginning of the school did not kno-v hew to clirevi a needle. Miss Duckworth soon had the inexperienced girls making handsorie sewing baskets, portfolios, beautiful cushions and other articles. Mist: Duckworth also taught the girls to make beautiful figures by carving soap. These soap figures, the first at-j tempt of the girls, would have done; credit to more experienced amateur j sculptresses. Miss Duckworth uiso ' gave the girls their first les3ons in { bookmaking. Stuffed rabbits, purses ; fancy pot holders and decorated! vases added Vo the collections. The intermediate boys' collection consisted of we!! made book racks which Paul Martsfcll helped them to make. Mr. W. S. Price aided in thiS work part of the time. Pr^f. Juliari A. Giazener who was official teacher for the department superintended the making of the vises which were found in the workshop. Mrs. J. B. Jonss was superinten dent of the intermediate department/ Others in this department included Miss Eliza Henry, story teacher} Mrs. N. D. Beckntan, part time story teller, Miss Marguerite Maybac-h, handwork assistant and Mack Grogan, Bible teacher. The handwork teachers arc to be congratulated on the exhibits when it is considered that they had only about 35 minutes a day for ten days in which to complete the handwork. The remainder of the time was given to Bible study, character study, habit study, memorizing, singing and build ing mental pictures in the minds of the boys and girls. Such mental pictures which would remain with the boys and girls through life could of necessity not be put on display unless one considers the long scripture quotations, the splendid songs and recitals, as a dis play. The demonstrations of the pupils in the commencement program plainly showed that the faculty had been as successful in teaching scrip- 1 ture and moral iessons as in teaching handwork. Handwork v/as used not only for its practical value but for its attract iveness to the pupils. Children delight in working with things and soon tire of mere abstract teaching. Boys and girls came to the Bible school and learned many Bible lessons in many cases because they were attracted by the posters in the windows advertis ing the handwork and by the preses sion display in Dr. Long's druK stce. With this for attraction they became DANGEROUS ATTACK Lewis Frasser Grogan, 7-yekr-oM son of THr. and Mrs. Wi H. Grog*n, Jr., , is reported as recovering from a serious operation which he underwent Tuesday. For "a white Wednesday morning the lad's condition cau*ed grave concern, and it is said that the boy's-, brother, Jlalph Grogan, by giv ing Of hi*, blood' to his afflicted broth er, probably 3i*ved the young child's life .' ?The youth suffered an injury to his foot, presumably a cut by glass, somt two weelcs ago, and jrvf action from this injury caused tTO lad's suffering. Ke was operated upon at the Lyday Memorial Hospital Tues day, and Wednesday morning was so weakened from loss of blood that transfusion was necessary. The boy's brother, Ralph Grogan, gave the transfusion and immediately the lit tle fellow showed signs of improve ment. Later in the day Wednesday it was found that another operation was necessftry because of reach of infec tion to another part of the body. Lit tle Lewis rallied from this second op eration in surprising manner, and was soon resting more easily than he had throughout the day. SECOND SHIPMENT RED CROSS FLOUR ? ? .? :s According to Jos. S. Silversteen, president of the local Red Cross chap ter, another shipment of Red Cross flour has been placed and may be ex pected to arrive here in the near fu ture. The first shipment which was se cured through the efforts of Mr. Sil versteen is playing an important part in the welfare work herii, as it is be ing distributed to a iarfre number of families who would otherwise be en tirely without flour. interested in the other phases of the work. Other members of the factulty in cluded Professor Alvin Moore music teacher for the joint junior-inter mediate worship period ; Mrs. Dan Merrill, pianist; Mr. Charles T. Hen derson, worship period supervisor. Mr. Carl Bosse did considerable pre session work in preparation for the school. Charjes Morgan also helped in a genera! way in preparing the handwork materials. The school did not have a general picnic for the pupils because of the large number of pupils enrolled. How ever, Miss Elizabeth Duckworth took the intermediates to Glenn Canon Falls on Monday for an all day picnic. i i? ? LETS TRY POTATOES For A While We believe we can handle a limited supply of IRISH POTATOES We will, for the next few days, pay 40 cents for U. S. No. 1. Let us know what you have. CABBAGE and BEANS We are in the market for Cabbage and Beans for a short time. It might be better to see us before you bring these in, and let us talk the matter over. HOW ABOUT THESE WEEK-END SPECIALS 75 Pounds Multigood Shorts 30c 100 Pounds Red Dog Shorts $1.40 24 Pounds Mark Twain Flour .-.,49c You know, there is a saving to be had here on all of your Heavy Groceries. Our Sugar prices are the best, and Lard, Bacon, Coffee, and the like are pleasing to a great many people in both quality and price. B.F THE STOKE WITH THE CHECKERBOARD SIGN
Brevard News (Brevard, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 4, 1932, edition 1
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