THE NEWS-
ORD
VOL. 63 NO. 30
Hawkins Upholds Motion
For Change Of Venue
Hearing Will Be Held
Raleigh; Plaintiffs
Appeal"
Ini
A motion by the State Board of
Elections for a change of venue
in an action growing out of the
May 80 primary vote probe in
Madison County was granted here
Wednesday by the clerk of Supe
rior Court.
This means that a mandamus
filed by Zeno Ponder of Marshall,
which orders the state board to
show cause as to why it should
not certify him winner of the 34th
district Democratic senatorial nom
ination, will be heard in Wake
County.
The motion was presented by
Deputy Attorney General H. W.
McGalliard of Raleigh, represent
ing the state board.
Madison Superior Court clerk
Herbert Hawkins ruled that the
proper venue for the mandamus
hearing instituted by Ponder af
ter Clyde M. Norton of Old Fort
nrotested the 400-vote win would
be Wake County instead of Madi-
Bon.
A. E. Leake and William J
Cocke. Ponder's attorneys, argued
airainat the motion and when it
was granted, filed notice of ap
peal bo Madison Superior Court.
The main question heard by Mr
Hawkins was. "Where did cause
of action arise?"
Leake and Cocke contended that
it was in Madison County and Mc
Galliard contended it was in Wake
County (Raleigh).
MnnllinTvl also, in answerin? a
contention from the laws as read
by Leake, stated that the supreme
court has ruled that the word
"may" should be interpreted as
"must" which makes it mandatory
to change venue if cause of action
bees- out MeGelUacd'e contention.
McGalliard relied on GS 1-T?3
to where action arose snd Leake
and Cocke relied on GS 1-82.
Leake, who termed his reading
revisal stated that "1-82 will pre
vail over 1-77."
Leake and Cocke also pointed
(Continued to Last Page)
URGES CONTROL
HORN WORMS IN
BURLEY TOBACCO
Several farmers have reported
heavy infestation of tobacco horn
worms. These insects may be con
trolled by using a ten per cent
TDE Dust, says Printess W. Eng
land. Agricultural Extension A-
orlf tr Mndiaon Countv. It will
require from 15 to 30 pounds per
acre. This insecticide may be ap
plied on the top six leaves. The
farmers should avoid intentionally
heavy applications. Large worms
cause more damage and are harder
to kill. To prevent this the TDE
should be applied before the insect I
. i 1 ll. Tei I
reacher 1V4 incnes in jib-ui.
addition to the ten per cent TDE
4Dust, TDE Spray may be applied
in a B0 per cent wettable powder.
The spray requires from two to
three pounds to treat an acre. Sev
in may also be used in an 8B per
cent material. It will require from
one to one-fourth pounds in enough
water to cover the acre of tobac-
CO.
Girl ScouU Now
Attending Da
Camp At C
Six. Marshall Girl Scouts, one
Walnut Girl Scout, and one guest
are attending day camp t Cross
roads, off NC 191 in Buncombe
County this week. The camp,
which opened Tuesday, will con
tinue through Saturday
Marshall Scouts attending in
clude Carol Elisabeth Shelton Su
san Gregory, Susan Frisby, Cyn
thia Nile, Pny Houston and
Lis. Rney, of Marshall Pan
, v.mIuII. is a guest
u. RMmt Teresa Boone,
of Walnut, is also attending.
Mrs. Ed Niles end Mrs. Vader
.... il.N are also assist
ing in camp activities.
8 PAGES THIS WEEK
SPEARS TRIAL
IS POSTPONED
TILL AUG. 31
The first-degree murder trial of
Darrell Clifford Spears, 26, of
North Wilkesboro was continued
Saturday in Buncombe County Su
perior Court by Judge Harry C.
Martin until August 81.
The judge gave both the de
fense and prosecution until Au
gust 22 to take depositions from
psychiatric witnesses or have
them subpoenaed for the trial.
Earlier in the judge's chambers,
the defendant had moved, through
his counsel, that he be permitted
to withdraw (and strike from the
record) a plea of present incom
petence by reason of insanity
which he had entered at a for
mal arraignment Monday after
noon.
Both sides are represented by a
top-flight array of legal talent.
Defending Spears are Asheville
attorney Harold K. Bennett and
J. H. Wicker, a North Wilkesboro
lawyer. For the prosecution, So
licitor Robert Swain is assisted by
former solicitor Lamar Gudger.
Bennett, Swain and Gudger
have worked through the week in
an effort to reach an agreement
about the plea. Spears' withdraw
al of his earlier plea of incompe
tence signifies that, he will not
try to prove present insanity.
However. Bennett and Wicker
intend to plead that Spears was
insane at the time of the crime.
Spear is accused of shooting
Kenneth Euerene Ponder, 21, of
Marshall after hitchhiking a ride
into Asheville from Alexander
with Ponder March 7. He is also
accused of stealing Ponder's car.
There has been indication that
the prosecution will ask the jury
for the death penalty. A special
venire of jurors to hear the case
which was scheduled to be drawn
Saturday was postponed.
GOP OUTLOOK
BRIGHTENS BY
WALLACE DROP
Alabama Gov. George C. Wal
lace's abandonment of an indepen
dent presidential effort invited
Sen. Barrv Goldwater to pursue
an all-tho-wav conservative drive
against President Johnson.
When Wallace announced Sun
dav he was eiving up the effort
to sret his name on presidential
ballots in 16 or more states, he
removed a serious obstacle to
Goldwater's chances of carrying
several Southern states in the No
(Continued To Last Page)
Craft's Fair
Attendance
Dipped Slightly
Attedance at the 1964 Crafts
man's Fair dropped slightly below
the record totals of last year dur
ing its five-day stand at Asheville
City Auditorium.
The fair, which opened Monday,
closed out Friday night with total
attendance recorded at 13,486, ac
cording to a spokesman for the
Southern Highland Handicraft
Guild.
The record attendance was set
tost year with 14,208 visitors who
bomrht tickets to the fair z,uso
mora than ever before.
This year's total dropped corns
700 below the IMS mark.
"We still think it was a good
fair,' the spokesman said Friday
Volunteers from the Asheville
area Uolatered the work force of
the Guild in displaying the many
products snd demonstrating vari-
ous craft tsnhnMMs on tne two
floors f the auditorium.
Pejv danctac and music
Ja daily feature of the fair.
MARSHALL, N. C,
OFFICIALS SEEK
APPLICANTS FOR
TOMATO PLANT
Those interested in working st
the MATO tomato plant, soon to
be in operation near the Marshall
by-pass, are asked to be at tne
French Broad Electric Member
ship Co-op building on Main Street
here on Friday morning, July 24,
at nine o'clock.
It was pointed out that grading
and handling are the primary
needs at the present
PEGGBARNIS
DESTROYED BY
FIRE MONDAY
Valuable Equipment Is Lost;
Small Boys cause
Blaze
A barn, loaded with valuable
farm equipment and between 600
600 bales of hay was completely
destroyed by fire near here Mon
day afternoon about three o clocK.
The barn, owned by Mr. and
Mrs. Clarence Pegg, of Asheville,
was located on Marshall Rt. 1,
about two miles from the court
house.
It. was revealed that the blaze
started from matches accidentally
dropped by two small children who
live near the barn site.
In addition to the hay, a trac
tor, tobacco setter, tomato spray
er, tobacco sticks, about 20 chick
ens, and other valuable farm
equipment was destroyed.
Ironically, Mr. Pegg and close
relatives were in the process of
adding to the barn in order to
make it larger so more equipment
could be housed.
Marshall firemen were Sailed to
Htfip imn but the flemes had com-
ipietely engulfed the structure
when they arrived.
Total figures on the damage
were not available.
Local 4-H 'ers Now
Attending 4-H Club
Week In Raleigh
State 4-H Club week drew 1,200
Tar Heel youngsters to the North
Carolina State campus Monday and
honors went early to four Edge
combe County club members.
Reatinc teams from Wilson,
Columbus and Lenior counties, in
all-Eastern final, the tdge-
combe team won the state live
stock judging contest.
Registration, vegetable juag-
iL. lw,.wi,. .InH
ing, swimming ana uie u
tapping ceremony filled the first
day of the four-day session.
4-H Club delegates from Maai
son County attending the 4-H Club
Week are Hilda Gosnell, Shirley
Mcintosh, Martha Louise Ramsey,
r. r,il RrendA Rav. David
LW11S Kjaiiv - '
neRruhl. Clayton Willis, Rocky
r. Tor nrUe Hunter. Roger
VJ1 w w j
Rice and Mike Ledford.
Salvation Army Singing
Set For Sunday, Aug. 2
The 28th annual singing conven
tion of The Salvation Army Moun
tain Mission will be held at the
Shelton Laurel Mission, 8 miles
west of Fines Creek High School,
Sunday, August 2, from 10
to 8 p. m., in Haywood County.
This annual event has for many
years attracted thousands of peo
ple to the mountain top to hear
the old-time gospel singing, com
posed of quartets, trios, duets, so
loists and church groups.
One of the highlights each year
is the fellowship one has with both
old and new friends.
This is an inter-denominational
iiuHmr convention and wing
groups from all churches are in
vited to participate to the staging.
This annual ell day singing ana
decoration services are instituted
by the late Major Cecil Brown,
under of The Salvation Army
Mountain Mission work.
There will be free meals and
THURSDAY, JULY 23, 1964
Freeman,
On
AREA ASCS
MEETING ON
JULY 23 AND 24
A two day area ASCS meeting
has been scheduled for July 23
and 24 at the George Vanderbilt
Hotel in Asheville tor Districts
10 and 11. Representatives from
the following counties are ex
pected to attend: Avery, Ashe, Al
leirhanv. Burke, Caldwell, McDow
ell. Madison, Mitchell, Watauga,
Yancey. Buncombe, Cherokee, Clay
Graham. Haywood, Henderson,
Jackson, Macon, Swain and Tran
sylvania. Those expected to at
tend from Madison are Emory Rob
inann. chairman of the county ASC
committee; Ralph Ramsey, county
office manager; and Genell vox
and Nila Gaddv from the county
office.
TnU Tw discussed at this
meetirur include the reconstitute
of farms, the feed grain program
and wheat stabilization program
COLLISION
IN MADISON
INJURES TWO
Two teenagers were injured, one
seriously, when the car in which
they were riding smashed into the
end of bridge on U.S. 19-28,
h Madison County line
about 8:30 p. m., Tuesday.
State B3v
IraUtnian aai d J
'.-.Lrolman - Al
die. 18. of Melbourne, the driver,
was admitted to Memorial Mission
Hospital for treatment of a rup
tured windpipe and mufcple body
lacerations.
Bobbie Skinner, 14, also of Mel
hnnrnn. a oassenirer. was admit
ted to the hospital for treatment
of a fracture of the left leg and
multiple body abrasions.
Patrolman Feldman said his in
vestigation indicated that Riddle,
traveling south, lost control and
rammed heaid-on into the concrete
railing at the end of the Forks of
Ivy bridge.
Riddle was listed in serious con
dition, and the Skinner girl was
reported in fair conditnn. 1 h c
vehicle was a total loss.
ACCURATE SHOOTER
Roselle, 111. Rated as one of
the nation's most accurate shooters
18-year-old Bob Shuley averaged
better than 98 per cent on 3,250
roistered targets. Shuley has
I ,
been named
- o . .
co-cap tain oi Jimmy
all - Amnierkan skee
Robinsori's
shooting team for the current year.
drinks served to the musicians and
singers. Hamburgers, hot aogs,
sandwiches, coffee, drinks, ana ico
... . . M A. il,nnn
cream will he avanaoie w
who will not be bringing their
lunch along with them, to buy.
However, families are urged to
bring their lunch, spread it on one
of the picnic tables snd enjoy tne
fellowship of your friends togeth-
Tnvlta vour relatives ana
friends you have not seen in years
to join you; have a good time and
make this a real homecoming day.
Colonel and Mrs. William Bangs,
Divisional Commander of North
and South Carolina will be pre
sent for this wonderful occasion,
along with ether guests.
TMa will be the third year for
Capt and Mrs. Earl Woodard, in
MimmiMt of Toe Salvation Army
Mountain Missions. They extend
in ma a most cordial invitation,
corns and attend this all-day evei
Posts
10c PER COPY
Snelson
County
County Election Irregularities
Hearings To Resume Monday
EITHER SEX
DEER HUNT
REGULATIONS
The North Carolina Wildlife
Commission today announced that
landowners and sportsmen wishing
to recommend either sex deer hunts
in their localities must file re
quests with the Commission before
August 10. Such hunt will again
be allowed in areas of high deer
population on the basis of local
requests. Frank B. Barick, Chief
of the Wildlife Commission's Di
vision of Game said that "upon
receipt of requests the Commis
sion will investigate local situa
tions to determine whether deer
populations warrant the taking of
antlerless deer. If this is found
to be the case a public hearing
will be held near the area being
proposed to determine local senti
ment in regard to the proposal.
Such hearings will be held during
the week of August 31. Results of
the hearings and other findings
will then be considered by the
Commission and annroved areas
and dates will be announced dur
ing the week of September 21.
Either sex deer hunts for gun
wfll be scheduled during
month of December. As fat the
past, bow and arrow hunters may
take antlerless deer on. such areas
during the last six day of their
p re-gun season.
Corrrection In Big
Pine Testimony
In last week's account of the
Big Pine testimony in the recent
hearings involving the May 30th
Primary, with Earl Roberts testi
fying, the paragraph reading," . .
The registration book showed that
most of them were checked as
having voted more than once in the
May 30 Primary." The wording
should have been "The registration
book showed that about 20 Demo
crats were checked as having vot
ed and several of them more than
once".
Coin Collection To
Be On Display In
Asheville Next Week
Some of the world's finest col
lections of coins, representing sev
eral fortunes, will be on display at
the annual Blue Ridge Numismat
ic Association convention in City
Auditorium in Asheville July 29
through August 1.
There will be displays of an
cient and modern coins, gold, sil
ver, copper snd others, foreign
and domestic and many odd, ana
curious coins of the world.
Total value of coins on display
will be well over $1 million snd
convention officials are taking top
EUnrity measures.
nw than 5.000 nersons are
expected to attend. Some 70 coin
dealers from ever the United
States snd Canada will have coins
for sale.
Auction sales will be conducted
by Jeff V. Stewart, well-known
auctioneer from Newton, N. C.
fioin exoerts will be on hand
to explain the exhibits and to ap
praise coins cor non-coiiectors.
Hours of the convention are xv
m a in n. m.. daily.
T RRNA convention, one ox
Otm l coin conventions in the
it a im MTMMtad to Be one ox
UL. u.timu over hud
in Asheville, and certainly by far
the largeEt coin convcietjoii.
MM 1 T
$4.00
Seek
:-
Elections Board
Expected To Complete
Testimonies In A
Few Days
All
It was announced by William
Joslin, chairman of the state board
of elections, that testimony into
charges of irregularities in the May
30th Primary in Madison County
will resume at the courthouse
here Monday morning at 9:30
o'clock.
Mr. Joslin was in Marshall Wed
nesday for the change of venue
hearing before Clerk of Court
Herbert Hawkins when the an
nouncement was made.
It is thought that the resumed
hearings would not take more than
two or three days.
The board has heard testimony
from Mars Hill, Ebbs Chapel, Cal
ifornia Creek. Bis: Pine and Town
ship 4, ward 2 (Beech Glen-Middle
Fork).
CLIVE WHITT IS
AGAIN NAMED
MHS PRINCIPAL
Board Of Education Met On
Mon.; Urt Of TOswSBfMT"
Is Announced
Robert L. Edwards, county su
perintendent, announced Tuesday
that the board of education met
Mondav miffht and named the fol
lowing principal and teachers for
the Marshall school.
Principal, Clive M. Whitt.
High School Teachers: James
V.. Boone. Edward A. Morton,
James E. Allen, Jack C. Cole, Law
rence M. Ponder, Dorothy H.
Shupe, Selwyn M. Eure, Latrelle
Robinson, Polly B. Lewis, Jessie
M. Ramsey, Mary Sprinkle, Paul
ine R. Ditmore, Lucille Bullman,
Hettie B. Rice, Carol Whitt, Da
vid Wyatt.
Elementary Teachers: Mary re
ward, Mafra B. Clark, Lula L
Adams, Anna B. White, Winifred
West, Helen Ledford, Viola M.
Ramsey, Hattie Teague, Sandra
Edwards, Orla O. Ponder, Jessie
B. Worley, Salena Fisher, Eva
Sams, Viola B. Ramsey.
BIBLE SCHOOL
IN PROGRESS
HERE; ENDS SDN.
The Marshall Presbyterian-
Methodist Church daily vacation
Bible School, which started here
fchia weak, is beimr well attended
with some 80-40 young people en
rolled. Two sessions are using
held dailv with the younger stu
dents attending the morning ses
sion from 9-12 o'clock and teen
agers attending the evening ses-
oioTi from 7:30-9:00 o'clock.
Speakers for the evening session
ora Hon Meivin. worn
Richard Hoffman and Page Lee.
They are members of the Mars
mn rviWa facnltv.
Tha Rev. BUI Deans, interim
n..r of the Marshall Prssbyte-
rhnrvh. is director oi cne
school.
rvmonMvment exercises WW
v.u . ha Prcabvterian Church
o .la at 7:30 o'clock, it
SW1IMJ '"
was announced.
THE MEDICS
Tn an. emeraency the quicki
way to get a doctor is to tarn
the television act
lr.rll.ni. A iHlnlnlnv
A Year Outside Bum Counti
Guthrie, GOP Member, Not
Involved In
Action
Roy Freeman, former chairman,
and Ernest Snelson, former mem
ber and secretary of the Madison
County board of elections, recent
ly ousted by the State Board of
Elections, have made a maneuver
to be reinstated to the board.
A petition, for writ of Certiora-
ri, against the Stale Boarti oi u
lections was filed in the office of
Herbert Hawkins, clerk of super
ior court, last Saturday to further
complicate the already "sticky"
processes being heard and to be
heard charges. The heari.ig on the
latest petition is set for August 81.
In substance, the petition points
out that the members of the form
er elections board were ousted
from office on June 18 without
due process of law. They were
charged with failure to fulfill
their duties.
While Freeman and Snelson are
neekinir reinstatement as mem
bers of the county elections board,
Jack Guthrie, the Republican mem
ber of the ousted board, is not
seeking his former position on the
board.
The netition also asks the court
to request the state board to cert
ify entire records and send them
to the superior court for review.
The petitions call the state
board's action in replacing tne
county election officials "arbitra-
rv and capricious" and charges
that recommendations from Rep.
Liston Ramsey, chairman of tne
Madison County Democratic Par
ty, were not considered by the
Former
state body.
KK tMne doubt, JPi
petition indicates, that W. tmfiBi
ford Crew, State Democratic '
Chairman, made recommendations
on the selection of Ted R. Russell,
the new chairman; and Rex Al
len, the other Democratic member
of the state appointed county
board.
The petitions further clsim that
there is no evidence to support
Mt. state board's finding that
Freeman, negligently or intention
ally, failed to retain custody ana
possession of the Mars Hill precinct
(Continued To Last ragei
CLIP WEEDS
FROM P ASTURE
Where the terrain will permit,
it is a good practice to clip weeds
from permanent pasture. The dry
season has caused animals to
graze most pastures close this
year. It is quite obvious wmcn
plants they will not eat and should
be clipped. By clipping these
weeds, more moisture and fertil
ity will be available for the grass
. nrl.ii.Vi In hoorinninc to fiTTOW. ThlS
will not only make the pasture
loot hetter. but will improve the
.rinr oanacitv of the pasture
tures, they should be clipped. The
tuxes that should be clipped, ine
tn should be removed until the
wild cherry plant has dried.
Local Scouts Are . 4
Attending Camp
n Haywood Now 1
Three Marshall Boy Scouts-
Gary Davis, Morris Roberts and
Frtenklin Frisby-are attending
the Daniel Boone Scout Camp m
Huwood County this week. Sev
eral Mars Hill Boy Scouts are al
so attending the eamp. The boys
are expected to return to their
homes Saturday.
A total of approximately lav
Scouts are attending the camp per
Last Saturday, a
observance for Cub
bald at the camp sit
the younger boys ai
tn mm