Newspapers / Cherokee scout. / Aug. 19, 1932, edition 1 / Page 1
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The Leading Weekly Newspaper in We, tern North Carolina, Covering a Large and Potentially Rich Territory in This Stale Vol. XLIV. ? No. 3 Murphey, N. C., Friday, August 19, 1932 $1.00 YEAR? 5c COPY Grand Jury Has Outlived Usefulness, Judge Sink Says ESTIMATES COST TO TAXPAYEST $600,000 YEARLY Say* Ninety-Fire.. Percent . of Bills Rf turned Are Handled First by Other Agencies The grand jury system Of North Ctrolina has outlived its usefulness, Juage k. i: wmm raid 8*> ?" an m ~ pand jury of Cherokee Superior Court, which opened here Monday, August SUh, for a two weeks term Judge Sink stated that he had known >'t ?n'y noe instance in his ?prenc* where the grand jury ?worth a hill of beans," a? ,'bout ninety-five percent of the work of thi- body was now being done for them, or had already been performed once and sometimes twice before it loachcd that body. , a , , , Judge Sink stated that he had , . >fi t0 (he Legislature that the ^ ran d jury s y se m i!T North Carolina 7 u iichi>d except in instances i \vhert* one might be called by th^ resJ i ml ire the circuit judge, or the ; 'governor in cases of riot or exten sive comunity trouble. TK.-c grandjMnes are costing the tax., avers of North Carolina about ?H(,0.<?00 a year, Judge SinktJ T , andonee by ?* e -Ucitor " ma^tratea, as th.se officers perform the v.irk before it goes to the grand jury, and this amount saved to thi taxpayers of the state. i,?w The . remarks were made by Judge sjnk in course of his charge to thi ' ) ;urv. last Monday on the open could; 1 and digest more in deta, and m '/In renroduce ihe remarks the (irand Jury, 1 ^ cW you generally, but there are a 'few things, however, that q{ .all vour attention to, the ? whi,h the examination into the r coi.l- f the magistrates, g^araia^ and administrators, and any par.', , who have the custody ^of fte exeeuturs who have filed ht, fx* a'ul those who have nct. ^ law Vequtres specilic ' ' t jh,,, people and it out been filed, 1 want s why t hey have not been *>'<?? and Th. law requires that ; all bl, forfeitures in magistrate. many reported, and 1 find in g , e anV counties magistrates ne J ' that rep, a. 1 find ?lhe'n '"^^oUection mag. trates are run no agencies. A magi-" llcctions; authority in law to make sc ^ maI1 he has no authority t lent 0f a letter and demand the pay ^ pum an account and then to vioiation mons. Kor him to do s . . _es of the law. In many r> - ' ployed magistrates are actually !(0neet by a great man? J^gistrates will their accounts, me w thc write a man a letter, a ? hc money, and if he does cwear out will issue a summons a ,et a warrant for the debtor costs 0f come in and Pa>' UI? CCOUnt, and the warrant, and pay the ( thcn pay thc magistrates fee. a^ ,g any discharge htm. New, ,f who is magistrate in your c? ,y :ust file doing things of that ki , ^ j , a presentment against ? ^ promise you that there will ^?s?te reptition of it by that for -Mie time at least t that The magistrates represent ^ strata of the judiciary be n,ey Superior Court and the P ' , iii ceal principally with poor P?jJ%ut my section largely with n gr duties their contracts, their ?^,c ,,nlor are confined very largely 1 ^ .g tunate and igno'rant folk. check indicted because he had no of $2.50, or a $25.00 debt < >r ^ cause he has not paid an ac . j a talking machine hehas imnois> from some one in Cnicag ? and he co?mes before a ina^ ^ rnev often ccmes without an * usually comes without an c and if he can pay the account, the magistrate will tell him if of pay the bill that will be the it. That is violation of the K (Continued on page 1 HITS HUSBAND WITH FOOT ADZ, IS HELD LN JAIL Mr.. Lilly Reese Being Held Without Bond Pending Outcome of Vfetfaa, T. N. Rmm T SH_ tl. . ? ivccsc, auuuL aso years | old, of the Maltby section is beir.g, held in tne Cherokee County jail without bond, charged with striking her husband, T. N. (Tom) Reese, about 65 years old, on the head with a foot adz or shoe last. Reese is in the hospital at Franklin and ia said not to be expected to live, suffering with a fracture of the skull. The family fracas happened last week, and office'rs said they were 1 told that Reese was beating his wife with a stick when seh ran up the stairs and he followed her. She turned at the top, seized something and struck him several times, but failed to stop him. She then seized the foot adz and struck him on the head with it, whereupon he sank to his knees, rolled down the stairs and lasped int# unconsciousness. He was carried last Sunday to the hospital at Franklin where it is said nis condition is serious and he is not expected to live. Mrs. Reese was taken into custody by Deputy Sheriff Ciilbert Stiles and lodged in Jail where she is being held without bond ! pending the outcome of her husband's condition. The Deeses have three children, one 12 years old, one ?? and one 4.. | and another one is expected in a few , months. TRUE "BILLS " I RETURNED IN BANK CASE Civil Suit Continued Until Criminal Charges Against Bank Officials Have Been Determined The grand jury last week returned true bills against E. A. Davidson, president; J. B. Storey, cashier; and J. W . Davidson, director and mem beV of the loan committee, of the defunct Cherokee Bank, which closed its doers in October, 1931. .fust what the true bills charged was not learned. However, the court mad? an order continuing: the .rivil suit of the banking commission er, Gurney P. Hood, against E. A. j A. Davidson and others until the ' criminal charges against the bankers were disposed of. The order of the court follows: The defendant, E. A. Davidson, upon the calling of the civil docket at the regular August term moves for a continuance on the ground that at this term of the court the grand jury returned a number of bills of indictment against the defendant in this cause alleging that said defen dant committed various violations of the criminal statutes in his capacity .as an official of the Cherokee Bank and it having been made to appea'r to the court that a number of the transactions refered to in the crim inal indictments as shown by the tills were in litigation in the civil action, the court upon its own motion stated that while in the District this court would not try the civil acions until the ciiminal action* had been determined, being of the opinion that in the interest of justce to all parties concerned the criminal actions should be first determined which motion was resisted by the plaintiff's attorneys and which ruling was made after the arguments of the plaintiffs counsel. Whereupon the case is continued without prejudice to either party. After the discussion the defen dant's counsel moves the court for a refe'rence which motion was contin ued pending the determination of the criminal actions against the same de fendants upon bills found at the pre sent term of this court. To the rulings upon both motions, plaintiffs attorneys in apt time ex cept. The Ancient "It Is well," said Hi Ho, the sage of Chinatown, "to restrain our admira tion of what is ancient. In an old quarrel there Is neither dignity nor advantage." ? Washington Star. OLMSTED IS COMPLETING NEW NOVEL "Homespun" Is Title, and Is Laid In Cherokee and C?-ahan*. Conn ties and Chattanooga Stanley OJmsted is completing a novel begun in Murphy la?t Decem ber and wo'rked upon, at intervals, since then. He says the new hook nras at last all done *'in the raw" last Friday. Aurnict 12th on whicfi lay he underwent a levitation "aerial I and resilient, all tne creative work on it behind me, all of it at last lilt ed out of me and off me." He says furthermore: "Another mcnth of tfrudgery for many hours every day, and no Sundays, is ahead of me. But thir may ho likened to the kneading of dough already mixed I in the pan. setting the dough to rise: I and the final typing: like the neat baked loaf from the oven !" The title of the novel is HOME SPUN. Covering some 35 years in four main episodes, it is laid in Brass- j tewn, out from .Murphy; in a Graham' County lumber camp: in the oldest) Murphy hotel; and in Chattanooga, j The book will bear the motto ? R.iw bo th?* hands that stroke IPor warp and woof, ruft-iaw Ihc tbrunt of ;ixo-lwwred l?om A previous novel by this author j was identified with Murphy by its! publisher, Lincoln MacYeagh, The I Dial Press New York City. Mr. Olmsted has always insisted, howev ??, that he aimed merely at getting -he generie spirit of ar.y mountain l county -seat, before th< coming . f the railrcads in the eighths, and that no1 character in it is anybody's portrait.) i These characters, h- >;ty-., aiv com-! I posites; crystallisations of types re ; peated anywhere, around any coun- j try-side, in Hayesvilh . or Robbins ville, or liryson City, or Franklin, ex-! actly as in Murphy. Like Thomas j Wolfe, author of ''Look Homeward,: Angel,'' he points out that the uni versality of human nature can only be distilled from specific instances I i familiar to the observer, the "child among ye takin' notes." This earlier Olmsted book, "At Top of Tobin," is now prescribed in the tiction courses of several universi ties, as a du'rable and permanent stu4y of American life, and is often alluded to by lecturers of literary lyceums. The sesame foi the new novel was given him by Mrs. Nettie Dickey, j ?ome years ago, Mr. Olmsted says, when she recounted with great vivid- j ness the life of a domestic in her i hotel, and the bringing up of the wo man's illegitimate baby in a per., built to keep the child from falling in the j kitchen lire. He waited to write it J until such time as ho might get the ! entire saturation by living once again in Murphy as he had in early child hood. Thomas Wolfe, the Ashevillian who attained international fame with his, first book, at the turn of his thir tieth year, has written Mr. Olmsted that he hopes to join him in Murphy in the Fall for a few days of the woods and heights about Hooper's Bald, one of the few mountain fast nesses still left inviolate, because no motor car can get there. He has j also written Mrs. Dickey accepting her invitation to be he'r guest at her hotel, when he shall have finished the first book of his coming "October Fair" saga, for Fall publication by Scribner's. Mr. Wolfe was awarded the Gug genheim Fellowship, for his titanic study of "Altamcnt", identilied with Asheville. He returned home from the life abroad made possible by this money, and a month ago won the $5000 prize awarded by Scribner's Magazine for the best American short novel submitted. Among 1500 man I uscripts, Mr. Wolfe tied for the prize along with John Herman, so five thousand dollars was paid to both of of them. "Look Homeward. Angel" is now being translated into iourj languages of old Europe, thus vin-i dicating its universality, the fitting of its types to any culture or clime. Of lesser scope and far less dynam ic drive than the "Altamont" book, Mr. Olmsted's "Tobin" book remains its sole forerunner, in any way al lied, in all American literature, and was published some four or five, years eailier. o ? 'Central Asia Drying Up Central Asia is becoming more and more arid, and the Gobi- desert is ad vancing steadily into northern China. COURT ENDS SESSION HERE ON TUESDAY Judge Sink Imposes Sentences Rang ing From Ten Days to Fifteen Y ears Cherokee County Superior Court ended he're Tuesday afternoon at the ; end of the second week of a two weeks scheduled term. | The iirst week was taken up en tirely with the of the - ? inal docket, and the civil docket was i taken up Monday morning and all' rases ready for trial disposed of .luring: the two days, while most of { the crises were continued until the next term of court. it was expect-' ed that the Cherokee hank case, a ? civil suit, would consume sweral days, but this case was continue d be cause of new developments arising through the report of the grand jury. Judge H. Hoyle Sink, of Ash evil le who presided over the > rm, handed down sentences rsmgii,; fron* ker. ? days to fifteen yea'rs. A numli.r of tne prisoners were earned <fi Sun day by the tate patrol b'.is to work on the roads, assigned to the state riad camp at Hazelwood. while others were carried off by the sher iff's department to Slate's Prison. Raleigh, Monday. There are sever al others to be carried off the latter pa'rt of this. week. Those in jail Tuesday mo'minp were as follows: Con Chastain, < f Letitia. given ] from four to seven years for break ing in the Graham store and post office at Letitia. He will be trans-! (Continued on page 12) SON OF TENN. SHERIFF HELD ON $500 BOND Clifford Crowe Charged With Manu facturing and Possession and Carrying Concealed Weapon Clifford Crowe, son of Tom Crowe, high sheriff ?. f Monroe County, Tenn., is being held in th?- Cherokee Coun ty jail in default of a $500 bond, charged with manufacturing and po session of whiskey, and carrying a concealed weapon. Young Crowe was captured while working at a still about a mile and a half west *?f Lctitia Tuesday of this week by Cherokee county officers who raided and destroyed one of the most complete outfits ever located in this county. Officers state;: they had seen larger outfits, but none more complete in ? very detail. The still was a fifty gallon outfit, and < fficers sad the place evidently had been in operation from four to ?ix months. The operators had their beds, cots, rations, cooking utensils, -deeping quarters, shack.-. and all necessary equipment for living and manufacturing on the ground. They destroyed everything, including about JAO gallons ol beer, two boxes which were ready for distilling and would probably have been "run" on Tuesday night. Officers taking part in the raid were Deputies George Lovingood, Gilbert Stiles, J\aek 'McMillan and II ud Morrow. At a preliminary hearing Wednes day morning, young Crowe was bound over to superior cou'rt under $500 bond, and in default of which he was remanded to jail. J. PAUL KEENER DIES AT TOMOTLA J. Paul Keener, son of promient farmer and marble man, J. S. Keener of Tomotla. died last Thursday fol lowing an illness of several weeks. About a month ago he underwent an operation fo'r appendicitis, and it de veloped that he had some sort of stomach torubel, which complica tions caused his death. He was o years 11 month.- and 10 days old. Funeral services were held at the Tomotla church last Friday by Rev. T. F. Higgins, pastor of the Murphy Methodist church, and the Rev. John ny Carper, pastor of the Murphy circuit. Interment was in the churchyard with F. \V. Higgins, local funeral director, in charge. He is survived by his father and mother, two brothers and a sister, Fred. Henry and Blanche Keener, all of Tomotla. CIVIL ACTION SEEKS RECOVERY OF TAX MONEY Suit Started By Town Against Form er Clerk, Tax Collector, Mayor And Bondsmen for $8,000.00 ; Grand Jury Returns Bill Against Fain ? II I.- uuueniwa the grand jury I la?t vapIc retifrnsd n t?ni? Kill J against F. A. (Toby) Fain, form i or chief of police and tax col lector for the town of Murphy, in connection with sho'rtage of tax monies alleged to have been col lected by him and converted to his own use. Several weeks ago, the Town of Murphy, through its attorneys, Don Withers poon and Fred O. Christo pher, started civil action in the super ior court to recover approximately ?ight thousand dollars from H. A. frain, and F. A. Fain, brothers, the former clerk ami treasurer ol the town and the latter chief of police and tax collector, up until the first of last .May when a new mayor and board of commissioners took over the reins of government and made changes in personnel. The civil action al.*y> marie The American Indemnity Company, bondsmen for II. A. Fain; S. W Lovingood, former mayor; R. R. Heal, J. \V. McMillan and C. B. Hill, bondsmen for F. A. Fain: and Mrs. Fvilyn Iii!l Fain, wife cf r\ A. Fain, defendants in the action. The complaint in the civil action :t'!eges tha* the two defendants, H. Fain and F. A. Fain, "mixed, con fused and clouded the record* in re | -7>ect to the tru>t moneys in their j hinds," ami that the records kept by | them did not show the true conditions j f their accounts. ; It further charges: "That the I defendants, especially the defendant 1 F. A. Fain, have taken, embezzled ' and fraud t-ntly converted to their own use oj. the moneys collected for ? taxes, a large .um of money, amount ing to at least the sum of eight thous ; a nds dollars, if net more," and in j order to ascertain the exact mount of | -uch shortage, a^ks for an account ing by order of the court. Asks For Receiver The complaint al.-o alleges that F. ? A. Fain converted $.'t,600 of the tax funds to his own u.-e and purchased $10,00.00 ol the Town of Murphy | bonds, paying $3,600 for the bonds : because of the depreciation of the ; market value. A receiver is asked I to be appointed by the court for these : jnds, to hold them until the final | -.'tiling of the suit, on the allegation ' that the defendant, F. A. Fain, is in j solvent, and is attempting to dispose I of them. Mrs. Evelyn Hill Fjiin, wife of F. A. Fain, was brought into the action as a defendant by virtue of the fact that she was owne'r of the lot on whieji a handsome residence has been erected, and which it is alleged :n the complaint, was constructed with a part of the tax money. The exact amount is not known, but the complaint alleges at least several thousand dollars, and the plaintiff claims it is entitled to follow such funds so converted and used in the construction of the residence. S. W. I-ovingood, [Mayor under the former regime, was brought in to the action as a defendant because ol allegedly having accepted bond ol $2,000 without the consent and approval of the board of town com missioners, for F. A. Fain, as tax col lector, when the board by j-esolution ordered the bond justified in the sum of $5,000, the complaint charging that he. H. A. and F. A. Fain, to gether conspired to evade the p'rovi on of the law and the charter of the town of -Murphy. j Answers Filed S. W. Lovingood, in his answer, ' rlcnied all allegations with reference | ;o an unlawful conspiracy, thai such ; is not true and is denied. He fur j cher sets out that in addition to the ! $2,000 bond ftfrnished by F. A. Fain, writh R. R. Heal, J. W. McMillan and C. B. Hill, as sureties, an addition al bond in the sum of Two thousand I dollars was furnished by Fain a* | chief of police and tax collector, j -iffned by A. McD. Ilarshaw, W. M. Ramsey, and J. W. McMillan as sure ties, and that when he went out of office on May 5th, he turned ever this bond to the present mayor and (Continued on page 12)
Aug. 19, 1932, edition 1
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