North Carolina Newspapers

MLt MOTION TO SET ASIDE SENTENCE AS IMPOSED BY H. SINK! (Continued from Page One) which time it will be finally disposed of unless the Supreme Court of North Carolina fails to grant relief. In that ' event a certiorari will be asked of j the Supreme Court of the United ' States, it is said, and the record car- J ried there for its opinion. It is sug- ; gested by some attorneys that the ' Supreme Court will have a hard time ' confirming Judge Sink's judgement in ; this cause. j The Supreme Court has recently held in the case of State vs. Ritter in the j 199 N. C. Report that the punish- ' ment for conspiracy is prescribed by Section 4173 of the Consolidated Sta tutes and in its opinion in the pres ent case reported in 202 N. C. Report, it held that a conviction of conspiracy was a felony since the amendment of Section 4173 by the General Assem bly of 1927. Previous to that amend ment it was a misdemeanor. In the defendants' appeal, they are asking that the Supreme Court order a new trial on the grounds of misconduct of the jury during the trial of the cause rendered members of the jury unqualified and unfit to pass on this case. Following are copies of motions and rulings in the case. J In the Superior court August term, 1932. State of North Carolina County of Transylvania. j State | vs. I T. H. Shipman, J. H. Pickelsimer, C. j R. McNeely and Ralph Fisher. This cause coming to be heard be- j fore the undersigned Judge presiding; at this, the next criminal term of; court following the filing of the cer- , tified copy of the opinion of the Sup reme court of North Carolina in the office of the Clerk of Superior court j of Transylvania county which said ; opinion affirms the verdict and judgement in the trial of this cause j as to Shipman, Pickelsimer and Mc- j Neely and Fisher, and being heard upon the motion of the defendants for ' a new trial for newly discovered evi- J dence and for the misconduct of the trial jurors and being heard upon the affidavits filed, and oral evidence. The court being of the opinion that not sufficient evidence has been of fered to show any misconduct on the part of the jurors, and that they were not unduly influenced in their verdict : - lioincr of the r.'7.r.Vd*^?l.. trial in ? "l^is^idered and adjudged thai the 1 Aft SS'rft ? cretion of ^unfed^on the *J? MrffJrt fn accordance with the SfiS-ffV Supreme court of Tta SST ordered and adjudged that the defendants Owen^ and White, according to ^c^rged. of the Supreme Court, be aistn & It is further ordered and adjudged by the Court that execution of sen tence heretofore passed ^pon the d fendants and affirmed by the S P reme court of North Carohna be, and the same is hereby stayed pending the appeal of the defendants and each of them to the Supreme court ol North Carolina. Walter E. Moore, Judge presiding. From the rulings of the court, and the order of the court, the defendants and each of them in apt time, in open court appeal from such rulings and order of the court, and give notice of appeal to the Supreme court. No tice given in open court and further notice waived. Defendants allowed 45 days in which to make up and serve case on appeal to the Supreme court. The Solicitor for the State of North Carolina is allowed 30 days in which to make and serve counter case or file exceptions. Appeal bond in the sum of one hundred dollars adjudged sufficient. Walter E. Moore, Judge presiding. In the Superior court August term, 1932 State vs. T. H. Shipman, J. H. Pickelsimer, C. R. McNeely and Ralph Fisher. MOTION The defendants and each of them in apt time requested the court to find the facts prayed for by them as appears in the record in this case (said paper writing marked "A" by the judge presiding.) The motion is denied and the defen dants except. The defendants further requested the court to find the facts upon the motion filed both as to the question of newly discovered evidence and of misconduct of the jurors and witness es during the trial of this case. The motion is denied except as the facts appear in the order signed by the Court. Exception by the defendants. Walter E. Moore, Judge presiding. In the Superior Court Petition and Motion North Carolina, Transylvania county. State vs. Thomas H. Shipman, J. H. Pickel-i simer, C. R. McNeely and Ralph Fisher. The defendants above named, re spectfully move and petition this Honorable court as follows: That the sentence heretofore imposed upon the defendants by His Honor. H. Hoyle Sink, Judge presiding at the Aug- 1 ust Special Term, 1931, of the Sup erior court of Transylvania county, be stricken out: 1. Said sentence is excessive, erro neous, illegal and void, in that the said sentence is in direct conflict with and in contradiction to Sections 4172 j and 4173 of the Consolidated Statues j of North Carolina. 2. That upon the face of the record ; it appears that the defendants were indicted upon two charges; first for the wilful and corrupt use or misap- ' plication of the funds of Transylvania county, etc., as will be shown by ref erence to the bill of indictment; that the judgement of the court, pronounc ed upon the verdict of the jury, in said cause finding defendants, Thom as Shipman and R. Fisher not guilty, and the defendants J. H. Pickelsimev . and C. R. McNeely guilty on said in dictment; that the court, upon said indictment and verdict, entered judge ment that prayer for judgement be ! continued as to the defendants J. H. ? j Pickelsimer and C. R. McNeely, upon j the payment of part of the costs, as ! shown by said judgement and record. I 3. That each of the defendants here- i i in were indicted on another bill of , j indictment charging a conspiracy to , defraud Transylvania county, etc., as will appear by reference to the bill ! : of indictment in said case, and the 1 verdict of the jury in said case was that each of the defendants herein . were guilty as chargcd in said bill. ?That said judgement of the Court shows that the defendants, and each I of them, were sentenced to serve in I the State's prison from two to five ! I years, and each, to pay a fine of. $5, 000.00 and a part of the cost in : said action. Reference is hereby made ; to the bills of indictment the verdict , of the jury as returned into court and the judgement of the court pro- j nounced. thereon and each all and j everv of said record is made a part of this petition. 4. That the sentence or rrom two . to five years in the State's prison : and the payment of the fine of : i $5,000.00, is contrary to and in direct contradiction of the terms of Consoli dated Statutes, Sections 4172 and 4173, wherein it is provided: j Section 4172: "Every person who shall be convicted of any felony for , which no specific punishment is pre- j scribed by statute shall be imprisoned i in the county jail or state prison not ? exceeding two years, or be fined in j the discretion of the court, or if the offense be infamous, the person of- ' fending shall be imprisoned in the county jail or state prison not less I than four months nor more than ten i years, or be fined." 1 Section 4173 "But if the offense be , infamous, or done in secrecy and ma lice, or with deceit and intent to de . fraud the defender shall be punished . by imprisonment in the county jail . or state prison for not less than four 'months nor more than ten years, or shall be fined." i And the defendants here show the .court that the judgement heretofore ! rendered in this cause against the defendants being in excess of, and in contradiction of said statutes, is er ? roneous, illegal and void : I WHEREFORE, the defendants , , pray the Court to strike out the ? judgement and 'sentence heretofore entered against the defendants and l each of them in this action, and to ? proceed with judgement in the case I in accordance with law. Lewis Hamlin j Jones and Ward t Johnson, Smathers and Rollins Attorneys for the Defendants. 1 The court being of the opinion that it has no authority to consider ' ' the above motion, the same is de nied as a matter of law. I I Walter E. Moore Judge Presiding j To the foregoing denial of peti ! tion and motion the defendants and each of them except and object, and ' (appeal to the supreme court, notice I of appeal given in open court and further notice appeal bond in sum of j ' ?1 00.00 with 45 days to make and! serve case and appeal and state al- i lowed 80 days thereafter to serve J exceptions and counter case. Walter E. Moore Judge Presiding. j CAROLINA POWER CO. TO BE HEARD FIRST; Raleigh, Aug, 10. ? In its announc ed purpose to reduce public services as much as possible, the N. C. Cor poration Commission has fixed a schedule of hearings for the four big electric companies, to be followed by hearings of the major gas and tele phone companies, beginning the last week in August and continuing through September. The Carolina power and Light Co. will be heard beginning August 23, the Durham Public Service Co., Aug ust 26, the Southern Public Utilities Co., September 1, and the Tidewater Power Co., September 6. There are 48 electric companies in the State but these four do about 90 per cent of the business. Three of the 15 gas companies, doing about 80 per cent of the business, and six of the 80 telephone companies, doing about 85 per cent of the business, will later be heard. The smaller companies in all three activities will be heard later. The commission is seeking to re duce the rates in keeping with the depressed times and the reduced in come of the people of the State. Telegraph companies may not be re quired to appear, since this State has among the best rates for intrastate messages of any States of this Na tion, a 10-word message for 30 cents. The recent dry weather is estimat ed to have cut the totjacco crop of Beaufort County by 50 percent in pounds produced and \q have materi ally lessened the <mality. WINBORNE ELECTED | STATE CHAIRMAN OF j DEMOCRATIC PARTY; (Continued front, page one) tling on Mr. Winborne, who, sine, i the first suggestion of him, has been j the only man considered. He was ac- ! ceptable and accepted from the first as the logical and suitaUe man in every respect. A native of the east and for several years a resident of the west, he has been McDowell chair man for 10 years, and managed Mr. Ehringhaus" campaign in' the 11th district. He is the type of man who does not make himself obnoxious to his opponents, and his nature assures that no part of the Democratic ticket will be neglected this fall. LOOK OUT, DOCTORS, YOU'RE NOT NEEDED Raleigh, Aug 10. ? Hypnotism, that j strange science which has baffled i many a person, is now being used in ' the medical profession, Insurance | Commissioner J. Dewey Dorsett ! vouching for the fact that Dukej Hospital used it successfully on a wo- ! man injured in a textile plant, who! had been under care of doctors for j more tiian six months. Medical, hos- ! pital and drug bills reached about j $2,000, from which the Industrial i Commission cut more than $600, and ! ordered the woman to Duke. She was ! twice hypnotized and convinced noth- ! ing was wrong with her. She is now] able to return to work. That was one ?' reason the Industrial Commission is- ; sued a letter to the insurance com- j panies to have all medical, hospital j and drug bills itemized and copies I sent to the commission for approval, before payment. SELICA NEWS ! i The farmers of our section are ; taking a long needed rest. We are ; idle but are not following Bill and j Beck. The Revival '.at Cherryfield is; progressing nicely under the pastor , Rogers and his assistant. All who . have attended admit that the ser- , mons are the greatest they have ever heard. The former Cherryfield editor is picking buckle berries, we wish he would quit long enough to say some thing of his section once and a McDuff Bryson is doing a good job on the public road with the mow ing machine. We hope more of the farmers may be hired on these jobs as we are interested in the woik and would give it justice Jonas McKinna and sons of Lit tie River were visiting his brothe h6A Sfoyf our folks got a scare this week when on a huckle berry search met with two rattle but those interested in anothe. t P will be interested to. know that Cec? Hensley of Cherryfie d killed bot snakes and there 2 less on So p Stone mountain. Mr. and Mrs. Copa Lee and chi dren of Lake Toxaway accompanied by Mrs. Crate McCall of Cashie"^" ?rtv with a number of our folks had a picnic in the Boylston . sec tion last Sunday, also visiting m_n> friends and relatives. It was express ed as a great day for all. Aunt Rilza Compton gave a worK ing last Saturday to build an annex to her dwelling on the Brooks place. \ complete crew attended and al most done the job, and agreed when the remaining materials had been delivered to complete the job. Mr. and Mrs. Lem Brooks and son J 0. of Brevard carried a party of Selicaites to Pisgah National Forest for a picnic Sunday and they al! re port a fine time. Our next Community Prayer Ser vices will be at the home of Mr. ana Mrs. H. C. Barton next Saturday evening. ' . The Selica union Sunday school is planning a picnic soon for the whole rchcol. Mr. Dickson the supt. is back on the job after a vacation to South Carolina with friends and kindred, we are glad to have him back Ward Breedlove as Sunday school advocate and much experience served in this capacity in the ab sence of the supt. praisesFospiTal WORK IN BREVARD Mr. and Mts. Howard Wyatt are confident that the Lyday Memorial hospital under the direct supervision of Dr. C. E. Cunningham and Dr. C. L. Newlar.d will soon develop into the best hospital in Western North Carolina, according to a statement they made in a recent interview with j a representative of the News. | Mij- andf, Mrs. Wyatt took their . two sons to the hospital Saturday morning for a "three in one" opera tion. The operations on both the boys I which turned out to be unusually1 successful only required 50 mifiutes. , They wish to send their expressions | of gratitude to Dr. Newland, Dr. I Cunningham and the nurses, Misses; Charles Hilliard and Mrs. Zachary thr^tigh the columns of this paper, j Mr. Wyatt declared that he would ; recommend the Lyday Memorial | hospital to anyone desiring to go to. a good hospital. Twenty-one pure bred rams were^ co'd at the recent ram r.ale held at! Clyde in Haywood county. MANY TEACHERS ARE I ANXIOUS FOR WORK j AT COST OF "KEEP" (Continued from P?Oe One ) in making is impossible for these iaen and women to obtain positions, . school teachers. W hile Mr. U)ie did not mention it in his article, t. e fact remains that hundreds of teach-] lr? living in other states are brought into North Carolina and pveti po^ tions as school teachers, while North Carolina's own men and women are unable to obtain schools. , Mr. Cole's article is a revelation on the school situation, ana will, it ?s assumed, be of tremendous inter est to the citizens and tax payer*. Mr. Cole's able article follows: "North Carolina has made much nroere^s in her educational system during recent years for wnich she is irreatlv commended. Large well-cqutp ned and architecturally beautiful school houses are to be seen all over the state. Into these buildings are gathered daily an ever increasing number of pupils. More young people than ever before are being educated in North Carolina. With the growth in attendance, one would expect see an increase in the number ttt tpjichers employed. However, in ve St vears the state has been forced to reduce the number of te?Sh?" its schools, owing to lackoffun^. What of the hundreds of North Caro lina teachers thus deprived of a liv '""Many rccent graduates of normal schools "and colleges have signed what is called a Teachers Agreement, fo which thev have secured free tuition on the promire ? they would te?ch fSowlS/thrir?r.du?ttan. I" Ita MS curiously enough, that instead0 inc forced bv the agreement to teach W? two years, the would-be instructor finds himself unable to secure a posi ,.n '-for love or money. "While as said before, there is lack of sufficient funds to emplo> Tore teachers, there are many North helpihg her come out of the d p ??? ZTweh ? th?i' come forth and teacn i j t other means of employ ? ? ^ teachirlg f Motion the=e instructors weald at real inclination norroai school -If all the recent MjJ w<juld graduates not * f such a scheme unite m ^?' marked reduction in there would 1* am tochers and, an the number oi ^ie . efficien improvement in th. w have cy wherein each teener ^ writer charge of c ' tvan willing -fnr one, would oe rooxe - . ? to cooperate in such a movement. GOVERNORS BASE I APPEAL UPON NEED ' Raleigh, Aug. 10.? Actual need will , form the basis of request by Governor I Gardner for Federal aid for the un ' employed in North Carolina this win ter, not as a substitute for but as supplemental to the usual relief work done by cities and towns, and the ? money securcd will be spent as far as possible in employing ablebodied members of a family on county road work, to be carried on under direc | tion of the State Highway Commis sion, Governor Gardner has announc ed. i This fund is set aside by Congress for relief of the destitute during the ! coming fall and winter, and is not to be confused with the highway fund ; also provided, which will be used on State highways under Federal regula j tions. The relief fund is to be distri buted only where an absolute need is : shewn and the local relief agencies | are not able to handle the problem I with funds they have, Governor Gard j ner said. j Governor Gardner is engaged in a ! survey of the State to determine the I needs, getting the reports from the 'county welfare officials. So far about ! 80 of the 100 reports are in. When I completed, these reports will be stud i ied and checked, and Governor Gard !ner will ask for aid on that basis. , Local communities will be required ? to continue their relief work, the Fed eral funds to supplement such local funds. FOREST STATION IS SOUGHT IN THE EAST Raleigh, Aug. 10. ? A site of 1,500 to 2,000 acres in eastern North Caro lina is being sought by State Forester J. S. Holmes as a branch experiment forest station of the Appalachian Forest Experiment Station, Asheville Letters have gone to county commis sioners and prominent citizens in several counties, asking> if a tract suitable, probably being beld for taxes, ran not be secured for the pur pose. OPERATING COSTS SET AT LOW FIGURE BY BREVARD BOARD (Continued from page one) h obligations. Following is a copy of the official minutes of the meeting held Tues day night: j I i Regular meeting, Tuesday, August 2, 1932. | i Present: Mayor Ramsey and th-. j full membership of the Board. Mir.utes of July meetings were reau I and approved. I At July regular meeting, the Clerk ! was instructed to see T. W. Whitmire I relative to paying a balance due on | a Note executed by said T. W. Whit Imire to the Town of Brevard, in the \ amount, of $200.00 plus accumulat i ed interest; and to ask that this 'note be paid or a new note given the ] town, secured by a Deed in Trust against the particular piece of prop- , I erty against which the assessment j should have been entered. This Note I having been executed and made pay able to the Town in lieu of having ! an assessment entered against said , j property. The Clerk reported to the Board that he had taken this matter un with Mr. Whitmire and had been informed that thi3 property had been sold by him some several years ago ; to Mrs. A. H. King but that he was ' ; willing to do whatever was possible , | in order to satisfy the Mayor and j Board of Aldermen until such time as ? he might be able to pay off this ob i ligation. The matter of adopting Budget Ap ! propriation Resolution for the fiscai jyear beginning July 1st of this year ! and ending June 30, 1933, was I brought to the attention of the Board J but before this was done it was de ? cided to pake certain salary reduc ! tions which were as fyllows : ' Mayor and Board to be reduced from $4.00 to $3.00 for each regular meeting. j Clerk and Treasurer reduced $10.00 ' per month. j Foreman reduced $10.00 per month, j APPROPRIATION RESOLUTION i Be It Resolved by the &->ard of Al- i dermen of the Town of Brevard, in ' the County of Transylvania, State of I North Carolina this the 2 day of Aug- ! ust 1932. ? That for the expenses of Town Government its activities and institu tions, for the year ending June 30, 1933, the amounts in the following schedules, or so much of each as may be necessary, are hereby appropriat ed: Section 1. That for the said fiscal year there are appropriated out the "General Expense Fund" the follow ing: Water Department $1639.05 Sewer Department 656.55 Streets and Sidewalks 2659.57 Police Department 2306.25 Salaries ? Mayor and officials 2215.00 Fire Department 1160.45 Lights 4373.33 I i Miscellaneous Administrative exp 5442.51 Officf Total 20,453.11 !. Section 2. That for the said fiscal year there are appropriated out of the "Debt Service Fund" the follow ing: Bonds in Default $30,538.12] Coupons in Default 27,053.72 : Extra Interest ? : Bonds Current 24,530.6'? ; Coupons Current 40,059.90 ; Extra Interest 180.00 ; Sinking Fund in Default .. 2,674.50, .Sinking Fund Current 1,337.25 j Notes and Accrued Interest 9,364.50 I Interest on Funding Bonds 1,390.00 Total $137,128.62 Attest : iH. H. Patton, Clerk I Ralph II. Ramsey, Jr., Mayor. F. D. Clement, Alderman. T. H. Galloway, Alderman. S. M. Macfie, Alderman. Wm. J. Wal'is, Alderman. i Motion introduced by Alderman^ I Macfie to adopt Budget Appropria- i , tion Resolution as spread on preceed- J 1 ing page. Seconded by Alderman Wal- j | lis and adopted. Alderman Wallis introduced a reso- j . lution authorizing the purchase of ! j s u i t a b I e Laboratory Equipment I ; (amount to be so expended not to ex ceed $300.00) provided satisfactory terms can be arranged for the pay ment of said equipment. Resolution seconded by Alderman Galloway and adopted. I'JfSI/CU. i Clerk was instructed to employ j suitable person as Dog Tax Collector I and to pay said person ten per cent ' en collections made by him for first | fifty dogs and twenty five percent i for all collections abow this number, j Motion adopted to adjourn. j Attest; H. H. Patton, Clerk PENROSELOST TWO GAMES LAST WEEKj On Wednesday of last week Pen ! rose and Pisgah played a league game I which was rained out Saturday be fore. Although Penrose suffered ; another defeat in the ganse of 3-10, several good plays Kept the game : interesting throughout. Saturday's game at Rosman also [went against Penrose by a score of ;7-9. In spite of several blunders the i game vms interesting, several very ; attractive plays being made. j Score by inning3: ? Penrose ... 120 001 030 ? 7 ? 11 ? 5 Rosman ... 141 200 lOx ? 9 ? 11 ? i j Penrose is supposed to play Ros jttian here Saturday. This is expected I to be a close game and the last of the season with Redman. GOVERNOR GARDNER NAMES COMMITTEE ON HOME LOAN BANK (Continued, from Page One) operation. The President has not yet appointed a director." Governor Gardner spoke highly of the work done by Congressman Frank Han cock in getting the bill through Con gress and his efforts to get one of the banks for this State. He named Mr. Hancock as chairman of the com mittee to seek to get a bank for this State, other members being Judge Junius G. Adams, Asheville; Stuart W. Cramer, Cramerton; Word H. 1 Wood, Charlotte; James & Duncan ' and Julian Price, Greensoorc; John Sprunt Hill, Durham; Charles E Taylor, Wilmington; George K. Free man, Goldsboro; W. C. Woodard, Rocky Mount; Clyde R. Hcey, Shel by; J. E. Brinn, Sanford; J. M. Broughton, Raleigh, and Robert M. Hanes, Winston-Salem. As to Agricultural Credit Corpora tions, the Reconstruction Finance Corporation is authorized to creaU1 one in any of the 12 Federal Land Bank districts, with not less than $3,000,000 paid up capital and au thorized to make loans or advances to farmers and stockmen for agri cultural purposes, including crop pro duction and raising and marketing live stock, at fair and equitable inter est and discount rates. Saying that former Governor A. W. McLean, Lumberton, has manifested a great interest in this movement, Governor Gardner named him as chairman of the committee seeking the credit corporation for North Carolina, along with the following members: R. T. Fountain, Rocky Mount; W. A. Graham, Raleigh; Lindsay Warren, Washington; J. Bayard Clark, Fayetteville; W. Kerr Scott, Haw River; Josephua Daniels, Dr. J. Y. Joyner and Dr. Clarence Poe, Raleigh; E. G. Flanagan, Green ville; W. G. Clark, Tnrboro, and Lar ry J. Moore, New Bern. DEMONSTRATION IN CANNING IS GIVEN Mrs. D. M. Flemming, Home Eco nomist of Greenville, S. C. gave an electric oven canning demonstration at the Southern Public Utilities of fice, Tuesday evening at 3:00 o'clock before a small but enthusiastic gath ering of Brevard Electric Range users. A wide spread interest was express ed concerning the canning and pre serving of all kinds of fruits and vegetables, this being one of the most important points stressed by the "Live at Home" program of the two Caroilnas. Several of the ladies present told of excellent results from their elec tric canning last season. This important suggestion was learned from the demonstration by the ladies present: "that in order to obtain best results it is necessary to increase actual canning time from one half an hour to three quarters of an hour over the time given in cook books, due to the fact that the high altitude of Brevard makes it necessary." BUS SCHEDULES 1 HENDERSONV1LLE 1 for ASHEVILLE 8:09 A. M. [! 12:15 P.M. 9:15 A. M. | 2:00 P.M. 11:00 A. M. 1 1 3:15 P.M. 4:10 P.M. 5:00 P.M. 7:45 P.M. 9:30 P.M. BREVARD 10:15 A. M. !! 3:45 P.M. II 8:00 P.M. GREENVILLE 7:45 A. M. j 2:15 P.M. 11:45 A. M. 4:45 P.M. I 6:30 P.M. li 8:00 P.M. AUGUSTA 7:45 A. M.. |! 2:15 P.M. |! 6:30 P.M. JACKSONVILLE 7:45 A.M. |i 6:30 P.M. SPARTANBURG 7:45 A.M. | 2:15 P.M. 19:45 A.M. I 6:30 P.M. COLUMBIA 2:15 P.M. 7:45 A. M. 4:45 P.M. 10:45 A. M. CHARLOTTE 8:00 A. M. I 12:15 P.M. || 5vjJ0 P.M. Atlantic Greyhound Line* Skylana Stages Division Coast To Coast Border To Border Comfort ? Safety - Economy A Few of Our Hates From Henderson vilie, N. C. to Jacksonville, Fia $ 9.50 Miami. Fia 19.60 Savpr.ftb, Ga 6.76 Mfccjiyf, T?m 14LOO NaKmU?, Trail 8.60 Cincinnati, Ohio 1L20 Chicago, III 17^5 UNION BUS TERMINAL Hodsewel! Hot?l Bide Phone 578