Newspapers / Carteret County News-Times (Morehead … / April 4, 1958, edition 1 / Page 2
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Anthony Found Not Guilty (Coatlaaed from Page 1) Markers Mind. He teatifted that be bought a 19M Bulek from Hob ley on Dec. 12. 1953. "Mr. Mobley allowed me $S00 on my aU car and 1 gave hist MM mar* to make a down payment of I1.M0," ke laid "I ftnaaced the balance through Atlantic Discount Corp. WMa I got my contracts flrom Atlantic Dis count I didn't like the deal and went to Mr. Mobley. "I told him 1 wanted my oM car back and would make him a pres ent of the $400 I had given him as partial down payment on the new car. Mr. Mobley said he coahtat do that so I asked him how much it would take for me to pay otf the new car right then. "He said he would call Atlantic Discount and find out so I waited. In a few minutes he came out and said the balance was $2,35*03. I told him to make out a check for that amount and I would sign it. H* made the check pkyable to Mobley Buick Co. and I signed it and got a receipt and the title to the car. "Later I got a letter from Atlan tic Discount telling me not to make any more payments to MoMey Buick Co. but to send the payments directly to them. I wrote back that I had paid for the car and had my check and title to prove It. "In three or four days a couple of fellows came by said they were from Atlantic Discount. They want ed to see the check and title. After looking at them, the men told me J that I still owed them for the car ' since they held a mortgage on it. "A little later two men from the SBI came around and wanted to take pictures of the check and title. "The next man to come to see me was my good friend Bobby Bell (deputy sheriff). Bobby walked in and said, 'I guess you know what I have come for,' and I told him so many things had happened I didn't u.... .... iiovc an/ tuca. "Bobby told me he had pa peri to pick up my car. He was good enough to let me go ace my lawyer, Harvey Hamilton Jr., first. Mr. Hamilton called the sheriff and made a deal so I could pott 15,000 bond and keep my car. Two of my friends signed the bond for me. "That ia the way it stands now. All I want is that little piece of paper with my name on It that At lantic Diacount is holding," lir. Lewis concluded. Mr. Johnson testified that Mob ley had continued to make pay ments for Mr. Lewis after the date on the check that should have cleared the account. The second witness, Clifford Mer rill, waa asked to watt for i few minutes while Morehead City mayor George Dill gave a charac ter testimony for Mobley. . The mayor was in a hurry since he" IflR charge of a funeral that afternoon. Mr. Dill said that he had known Mobley ever aince he came to Morehead City about 12 yaari ago. "Earie and hia family wen out standing citizens, active in church and civic affairs," the mayor atated. "Earie served in the state legia lature at Us own expense. I had never heard anything detrimental about him prior to this aitaation. I don't know bow he managed to get Involved but I do know that there ia still a lot of good in him. "He ia the aamc man that I kaew years ago before all this eaae op. I could still do buataeea with Carle," the mayor declared. Mr. Merrill was then called to the stand. He said that he was a fanner. "I bought a ear from Mob lay and had It financed through the Atlantic Discount farmer's plat ?a large payment every six months," he began. ' ] "When I found I couldn't meet one t* the payments I went to He Mobley and asked him a bold re financing the car. Re toM me bow much I owed Atlantic Discount aid drew up papers with Commercial National Bank tor that nient. telling me that he would get the money from the bank and lend it to Atlantic Discount "After waiting a reasonable length of time to get my cancelled contract from Atlantic Discount, I started to town to aee McMey about It On the way to town I learned that he was out of busi ness os 1 turned around ant went home. "Later a man from Atlantic Dta count came to my farm and lew me that I owed them *528. I said that 1 had paid them otf and Ma waiting to let mjr cancelled papeM from them. I'm still ia the mid dle," he remarked. John Xhra, Monbead City. w?. called U the stead. He said that he contracted with Mobley Buiek OB. for a ISM Chevrolet July 4. INT. He aaid that he wanted to finance the car through Flrat -Citi zen* but Alvtn West, a Mdbley am p tayee who "Wed out the paper*" aaid that Mobley financed through Atlantic Diaceai*. Later Mr. Mm aaid he wett to David Murray, Statewide k mn Ca. agent, reiattee te hi aaranoe on the car and Mr. Mur ray cMM Mr MoMey and Mr. MeMey aaM that It waa akey In carry tea? tu with Statewide. ?r. nm da* decided that he wasted Commercial National KaMk te finance the oar. TMa arm' agreed to by *11 tecal parties ?te eerned and the witneaa said thnr telling them that the car wis fi nanced through Commercial Na tional Bank and inaurad by State wide. The next thing he knew, Mr. Ebroo declared, the Mobiey con pear wee rises!. Representatives (ram Atlantic Discount called en Mm and ha Mid u*r told htm, "K *aa threogh your Mer thai we were led to the truth." He says that Atlantic Discount and Commercial hash bath claim that ha owes them. Similar stories of car deals made with Mobiey, and the buyer left fading On hag, were ?ald by am GiOikia, Connie Denials, ond Kennedy, Capt. W H ) Styroa, Carl Ackeraon and T/Sgt. Paul Bray. QlOikin said he has since settled with Atlantic Discount Daniels says that Atlantic Discount claims be still owes them 1330. although he has paid (hat money to Mob iey and has receipts to show (or it. MN Owed Kennedy says that Atlantic Dis count aays ha still ewes them tUW on his car. Captain Styron says that the discount company Says he owes them aver ? thou sand dollars. In apile at the (act that he soM his Mek to Acker son and Ackeraon paid it off to Mobiey, in tuU Ackeraon said he learned later that the tZ.lM.10 he paid Mobiey vu never applied to the ear ac b ray ?-*?'?? ' ?fc-? ha loet between $230 and $300 on a verbal agreMMat he made with Mobley. Oris D. Fwtress, EBI agent, ?M the aert to take the stand. II* told at ? Marine officer who signed a $2,*0 M to for a cat. to three dsys he got the cash, went to Mobley Buick Co. and pald^tfl the note. The secretary at Mobley's found the akiaa contract but could aot the note. The officer later raed that the note had been turned over to the Commercial National Bank. The bank paid Mobley g2,400 and informed the officer that he owed them $2,400. To keep Us credit rating and his record with the Marine Corps clear, the officer had to pay the bank $2,000 besides the $2,400 he had given Mobley. He lost $2,400. Alvla H. Mills, Mr. Fentress said, bought a car from Mobley. It was financed through Atlantic Discount and later refinanced through Commercial bank. The witneas said that Mobiajr had never paid off the lien to Atlantic Di? count. Loss in this deal was set at $1^00. J. P. Thomas with the SBI tes tified that a Mr. Rigdoo who bought a 1854 Buick from Mobley lost $575 on the deal. Bay Cummins, Morehead City, was called to the stand as a char I actor witness tar Mott* Mr. | Ommini wcepH^j told tae Hi that Mr. MoMey wa? > far g?Ue maa. In Uw midst of Wa ptafee he stated that he ffldn't Bh&w whe ther in would consider buying a ?car (Ma Win. Court adjourned until 9:30 yea terday morning, when the caae against Fred Antaeny waa re The tint wttaeas wai Mr. John Ma, manager of Atlantic Diacount. Hla story nUUd haw AtUatic Dis count discovered that a ear An thony signed papers (or had never existed. The serial number and motor number were fictitious. The State Motor Vehicles department had ao record of such a car. It was aappated ta be a IMC Buick. He Mid Anthony finally admit ted that he had never seen auch a car but that he aigned the pa pera as * favor to Mobtey He aaid that Moblay told him if be would alga the papers, he (Mob lay) "would take care of the rest". The ear, Mr. Johnson comment ed was "floor-planned". This he explained, was a process whereby the dealer haa no investment in the ear, but he presents a chattel mortgage to the finance company to assure repayment of the money advanced by the finance company. In this case, Anthony s: Bed the conditional sales agreement, note and chattel mortgage. All were presented as evidence by the state. Cecil L. (Si). Adams was the next witness. He said he was man ager of the installment loan de partment of the Commercial Na tional Bank. jjy *h>wir a! paid approximately 15,160 to Mob 1 - A* _ 1 < * * - -- - A _ icy aner ircnvnis uie novc sigiieu by Anthony. Mr. Adama testified that when paymenta on tka car atopped, $1,836 was still due on the aote. It was not brought oat in testimony who waa making the payments But It waant Anthony. Miss Verna Jean Rabon, who was secretary and aaalatant man ager of the loan department at the time, testified that she mailed aeveral notices to Anthony to the effect that he owe4 paymenta on the car. Mr. Pentreaa, on the at and, a aid that Anthony toM Mm that the contracta Mobley preaented to him were blank when he aigned them. He told the SBI agent that he didn't own or make paymenta oa the car. HO also said he had worked for Mobley from IMS to about 1355. and had not received any money aa a reault of signing the papers Mobley aaked him to. Movea for Nan-Suit At the couclusiou of his teati mony, Judge Hamilton moved for a non-suit on the baais that the : state had not praaented any evi dence that Anthony and Mobley i had felonioualy and designedly at 1 tempted to cheat and defraud any finance agency. He aaid no proof waa offered to ahow that Anthony received any reward or benefit as a result of signing the papers. The motion was denied. The defense waived its Initial fLJy>y< wwcrs f? ami fHHB hit 1) ? Phelps, Leamon J. Corbett, D. B. WilUa ud Walter C. Williams. The grand jury Jiad returned it* report late yesterday afternoon. True Uk True bills were returned en Enwst Owens Lewi*, charged with ?peedhqr; Htrrey Earl Lee, driv ing drunk; Elbert Haul, violating fishing laws. Not a true bill was found in the eases 0 i Sonny Sykes, assault; Claud* Temple Bullock Jr., and Larry Delmar Smith, driving drunk. A. H. James, clerk of superior court, said that Sykes was mis takenly docketed for Monday on an alleged assault against Pvt. D. W. Simmons Sept. I, 1957 at Ann's Place, west of Morehead City. Mr. James said that the Sykes' case should have been listed on the court calendar as going before the grand jury. He added that three of the witnesses to the incident are overseas and that the man who was shot had his back turned to ward the direction from which the shot came and could not say who shot him. opportunity to sum up the case before the jury. The solicitor start ed bis summation shortly before lunch. This was followed after lunch by Judge Hamilton's sum mation. Markers island Fight Carried On in Court A battle royal on Harkers Island that took place Dec. 31 wia tar ried ?a in superior court Monday alteram and all day Tueaday. k addition la tie original parttoi panta, three lawyers managed to get la their Ucfca, aH vutal. Allen Moore and hia son Bill, both of the Island, were charged with assaulting LeeUe GoWen of Bettle with deadly weapons with intent to kill. Harry Maare, brother of Aides Moore, was charged with siding and abetting hia brother and nephew. Judge Lambert Morris had fouad probable cause against the three men la county recorder's court and had bound them over to superior court under ttoo bonds. AdaiHa Theft According to testimony, the fight broke out when Golden confronted Bill Moore and accused him and Donsalee Willis of fishing his crab pots. Moore admitted taking the craba and testified that he told Golden he would pay him for the crabs. Golden, however, testified that Bill Moore lost his temper and hit him on the head with a hatchet while his father attacked him with a hammer. Bill Moore and Willia paid fines and court costs in recorder's court after pleading guilty to raiding Gol den's crab pots. Harry Moore testified that he did not get to the scene of the fight un til the action was nearly ?ver. He said that he got ther* Ml. in time to pull GeWea's son-la-law, Charlea Brit Russell, off the back a I BiU Moore, who via down in th* water. Russell supposedly Joined the fight when the Moores jumped on Golden. Golden suffered cuts on the hands and head. He said they were caused by the hammer and hatehet while the Moores contend ed that the wounds were caused by1 shells on the shore and in the water where most of the fighting took place. After hearing the testimony of all witnesses and speeches by Claud Wheatly, Luther Hamilton Sr., Robert Rouse Jr. and. Judge Jeeeph W. Parker, the jury foend Allen Moore and Bill Moore guilty of simple assault. They found Har ry Moore not guilty. The two guilty men were fined $50 each and ordered to pay court costs and each pay $10 to Golden for his doctor bills. They were told not to violate any law for three years and given 30-day suspended sentences. Members of the jury on the Moore case were Jack Lewis, Frank King, Earl B. Jones, Hugh Styron, Bert Conner Jr., Richard M. Braithwaite, Walter Edwards, Vernon Paul, S. R. McLendon, Richard I. Perry, Walter Williams and Clifford M. Merrill. Beaufort Hardware Co. Merrill BI4|. Beaufort, N. C. Be Ik's More head City t~T" City, Morehead and Beaufort Theatres National Bank Mw>lil>jC|y<uU|>tUwt ? ? ? ? I Ml I I < I Hamilton's, Inc. ftrGnltiautMlk* Citr John L. Cramp 1 KHiXkMSL MomImmI Okf THe kilt Moor 1 Amueemeiif Confer i /,'//. h U ^ \N D \ \ \ \ V \_ ^ 7 j "He is Risen." Down through the ages, the holy message of Easter comes to us. renewing the glorious promise of life eternal. Church services on taster Sunday reverently, joyously express the heart-lifting wonder and beauty of the Day. As you worship r In *he church of you r choice, with your loved ants, your friends and ! neighbors, may the blessings, the spiritual radiance of Easter be yours. \ \ Morehead City Drug Co. "The Downtown Drug Store" Morehead City Morehead City Garment Co. Morehead City : ? ? s \ R&N Furniture Co. 1211 Bridges St. Morehead City Sears MAIL ORDER SALES OFFICE Morehead City Webb's Since 1883 M?r?Wd City Western Auto "The Family Store" City Sound Chevrolet Co., Inc 1308 Arendell Street City
Carteret County News-Times (Morehead City, N.C.)
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April 4, 1958, edition 1
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