Newspapers / Daily Herald (Roanoke Rapids, … / Sept. 4, 1941, edition 1 / Page 6
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THE MOUNTAIN LABORED AND GAVE BIRTH TO A MOUSE Subject Of County Paper Editorial The following is a reprint of a front page editorial which appeared in The Scotland Neck Common wealth, issue of Friday, August 22, 1941, under the heading at the top of this page. It is printed here without prejudice and with regret that the names of innocent local persons who were involved must be published. Reason for publication may be found on the editorial page of this issue. The following evidence, we are informed, was placed before the Grand Jury at the August Term, 1941, in relation to J. W. Crew, Jr., whose conduct in many respects was under investigation: During 1935 and early 1936, J. Winfield Crew, Jr. was the attor ney of Mrs. Martha J. Massey, a widow, living in the Town of Roa noke Rapids, N. C. During this time J. Winfield Crew, Jr. was a director in and attorney for Rose mary Building and Loan Associa tion, a director in, President of and attorney for Citizens Bank & Trust Company of Roanoke Rapids, N. C. During the period recited Mrs. Martha J. Massey gave to J. Win field Crew, Jr. the sum of $10,001.00 for investment in Rosemary Build ing & Loan Association and savings account in Citizens Bank and Trust Company. Of the above sum $4,000.00 was invested in Rosemary Building and Loan stock and the stock was is sued in the name of Mrs. Massey. The remainder of said $10,001.00 with the exception of $1,000.00 was deposited in said bank as directed. It was alleged that Crew, Jr. sub sequently procured the transfer to his own name the $4,000.00 worth, of stock, sold the same and con verted to his own use the proceeds | of sale amounting to $4022.22. j Of the $5,001.00 placed to the credit of Mrs. Massey in the Citi zens Bank all was checked out by said Crew, Jr. or under his authori ty except approximately $400.00. The $1,000.00 was never invested i but converted by J. Winfield Crew, I Jr. to his own use, it is further al-1 Ieged. Why did not the Grand Jury sub- ' poena Mrs. Massey for examina-! tion? She was in Roanoke Rapids and at all times available. j On April 7, 1938, J. Winfield Crew, Jr. as attorney for W. V. White of Roanoke Rapids, N. C., received from Citizens National Bank of Emporia, Virginia, the | sum of $4432.50 which represented the proceeds of a loan that the Bank had made to Mr. White. Mr. White instructed Mr. Crew to pay this sum on Mr. White’s note to Citizens Bank and Trust Comnany of Roanoke Rapids, N. C. Mr. White believed that this had been done until the Fall of 1939 when J. W. Rodgerson succeeded G. T. Hobbs as Cashier of Citizens Bank and Trust Company of Roanoke Rapids and Mr. Rodgerson asked him what he was going to do about his note in the bank. From April 7, 1938 until the fall of 1939 Mr. White had not received any notice from the Roanoke Rapids Bank about his note which was past due and all during that time Mr. Crew was President of, a director of and at torney for the Citizens Bank and Trust Company of Roanoke Rapid*. In March, 1938, J. Winfield Crew, Jr. borrowed from Holliday & Whitaker of Enfield, N. C., the sum of $5000.00 giving his note se cured by a deed of trust on 462 acres of land, representing in said deed of trust that he was the owner of said lands in fee simple and that it was clear of all encum brances whatever. At the time and as an inducement to Holliday and Whitaker to make said loan, said Crew, Jr. made an affidavit in which he swore that he was the owner of the land covered by said deed of trust in fee and that it was unencumbered and that said land was reasonably worth $9000.00. It is alleged that Crew, Jr. never owned three of the tracts of land described in said deed of trust and of the 462 acres he only owned 85 acres, the rest of said land belong ing at the time and now to Mrs. Martha J. Massey. On the 17th day of June, 1939 the Citizens Bank and Trust Company made a loan to Joe Turner in the sum of $750.00 upon the certificate of J. Winfield Crew, Jr. that the title to said land was clear of all encumbrances when in truth and fact there were at the time due against said land tax liens amount ing to $125.01. That on the date said loan was closed the said J. R. Turner paid by check to Winfield Crew, Jr. the sum of $125.01 with which to pay said taxes, which the said Crew, Jr. endorsed and put to his individual credit in the Citizens Bank and Trust Company, Roanoke Rapids, N. C., and did not pay said taxes, it is alleged. That in June j 1941 the Citizens Bank and Trust Company was forced to pay said taxes covering three; years and a mounting to $125.01, and in addition to pay in July, 1941 a tax penalty of $8.03. That on the 1st day of December, 1939 the Farmers Warehouse through its attorney and president, J. Winfield Crew, Jr., executed three notes of $5300.00 each secured by a deed of trust on certain prop erty therein described in which it was warranted that Farmers Ware house was the owner in fee of the property described and that said property was free from encum brances. Said notes and deed of trust on December 4, 1939 were put up as collateral to note of W. Luns ford Crew to Citizens Bank and Trust Company in the amount of $6,000.00 and also as collateral to note of Farmers Warehouse to Cit izens Bank and Trust Company in the amount of $6,000.00. J. Winfield Crew, Jr. at this time was a direc tor of, President of and attorney for Citizens Bank and Trust Com pany. The facts in relation thereto are as follows: There was a mortgage or deed of trust on the lot covered by one of the warehouses to the State of North Carolina for $7,000.00. The Farmers Warehouse did not have title to 16 of the lots at the time, it is allesred. All of the foregoing evidence, we have been informed and believe, was placed before the Grand Jury. The question then arises, why was no presentment made by the Grand Jury in this particular case? It appears almost self-evident that the allegations, if true, constitute breaches of the criminal laws of the state, and certainly appear to constitute the finding of what is generally termed “probable cause," which is the function of the Grand Jury in general terms in criminal cases. , Certainly the members of the Grand Jury, having been chosen be cause of their intelligence and char acter, must have known that the facts as alleged, if true, placed Mr. Crew in the position where the least the public might expect was a hearing in open, and the least Mr. Crew might expect was that he have an opportunity to clear his name before a jury of his peers, meaning a properly constituted jury in open court—that i3 a trial jury and not the Grand Jury, be cause it is not the function of the Grand Jury to sit as a trial jury. Going further into this matter, we have discovered that one of the witnesses before the Grard Jury was Edward L. Travis, of Halifax. Mr. Travis acted as attorney for Mr. Crew in the case brought a gainst the latter by the Citizens Bank and Trust company of Roa noke Rapids. The Grand Jury is supposed to hear only the evidence of the state in any case and is to find if from this evidence there ap pears to be sufficient foundation for ordering, through an indict ment, a trial in open court. The Grand Jury never has had the func tion in this state of hearing the evidence of the defense. Yet here we have the attorney of Mr. Crew, who to all practical purposes is the defendant, appearing before the Grand Jury. This was unusual, it was contrary to the duties of the Grand Jury, and as this fact be comes known it seems to have a tendency to reflect discredit 6n the findings of the Grand Jury in this particular matter. Had the gentle men of the Grand Jury been fully cognizant of the limitation of their functions, we can hardly see how they could have called a defend ant’s attorney before them, and we doubt seriously that they would have. The most charitable view point seems to be the conclusion that the Grand Jury did not 1:; o' / the limit of its scope, and in ignor ance placed themselves in the po sition where what they did lays them open to public criticism. In conclusion it looks as if the “mountain had labored and given birth to a mouse,” and it further appears that the mouse delivered was the last paragraph of the re port of the Grand Jury as follows: “In regard to the newspaper ar ticle concerning Mr. J. Winfield Crew, Jr. of Roanoke Rapids, a copy of which was sent to the Foreman of this Grand Jury. We report that we have examined thoroughly ev ery witness whom we thought might have knowledge of the mat ter referred to in that article, and all witnesses whose names were furnished us, and we do not find that Mr. Crew has done anything for which he should be prosecuted.” Now, what all good citizens of Halifax County are interested in is, shall justice be stifled at its source? Shall the Grand Jury which is an ancient and honorable body, designed to protect society against the unlawful acts of crim inals whether rich or poor, white or black or of high or low estate, be used to protect criminals and prevent their trial in the open? It appears to this writer that the Judge of the Superior Court should thoroughly investigate the whole matter with a view of pre venting such unseemly results in the future. "Man Hunt" Is Scheduled At Pitts Theatre The Pitts’ Theatre at Emporia, Virginia, has schedued as the main attraction today and Friay, “Man Hunt”, with Walter Pidgeon and Joan Bennett. ^ On Saturday, only, the Pitts’ will show “Trailin’ Double Trouble”. Also on the program will be a chap ter of a serial, and other shorts. “A Very Young Lady”, with Jane Withers and Nancy Kelly, will be shown at the Pitts’ on Sunday only, Sept. 7. On Monday and Tuesday, Sep tember 8-9. “Mata Hari” will be shown. The picture has Greta Gar bo and Ramon Novarro in the prin cipal roles. Wednesday only, September 10, is double feature bargain day. Pic tures to be shown are "Kisses For Breakfast” and “Bullets For O Hara”. Irene Dunne At Levon In Film Sunday — Irene Dunne and Cary Grant will be shown at the Levon Theatre in Weldon on Sunday and Monday in ‘‘Penny Serenade”. A news reel and an act will complete the pro gram. On Tuesday and Wednesday of next week “Tall, Dark and Hand some”, with Cesar Romero and Mil ton Berle, is scheduled. Also to be shown is a comedy, and an act. “In the Navy”, featuring Abbott and Costello and Dick Powell, will be at the Levon on Thursday and Friday of next week. A comedy and act will also be shown. On Saturday of next week Ro chelle Hudson and Chester Morris will be shown in “Meet Boston Blackie”, Tim Holt will be featured in “Six Gun Gold”, and Chapter i of “The Spider Returns” will be shown, also. r .. i THE LEVON THEATRE Weldon, N. C. "Motion Pictures Are Tour Best Entertainment” WEEK OF SEPT. 7 SUN-MON Adm. 10 & 20o Irene Dunne-Cary Grant in Penny Serenade —News and Act— TUE.-WED. Adm. 10 & 20c Cesar Komero-Milton Berle in TALL, DARK and HANDSOME —Comedy and Act— THURS.-FRL i Adm. 10-20c Abbott & Costello-Dick Powell IN THE NAVY —Comedy and Act— SATURDAY Admission 10 & 15c DAT AND NIGHT Rochelle Hudson-Chester Morris in “MEET BOSTON BLACKIE" Tim Holt in “SIX GUN GOLD” Chapter 4 “The Spider Returns” COMING TO Levon Theatre, ENFIELD N. C. Sunday-Monday, Sept. 7-8 "THAT HAMILTON WOMAN” Thursday-Friday, Sept. 11-13 “WAGONS BOLL AT NIGHT” A ■■■■ ^uancity Received Is Too Limited To Last Over Saturday—uec tfoura immediatelyw I IQr PRACTICALLY AT A ACkf* I I GIVE AWAY PRICE! I fi WITH THIS CERTIFICATE U This certificate and 49c entitles the bearer to our Genuine Unbreakable VACUUM FILLER S' Hj SACKLESS FOUNTAIN PEN. Visible Ink Supply. Sizes for ladies, men, boys and girls. -g CO \T* S <3 «E <! S3 © 2.3 CU * 5 ?. 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Daily Herald (Roanoke Rapids, N.C.)
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Sept. 4, 1941, edition 1
6
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