Newspapers / The Cherokee Scout (Murphy, … / Aug. 26, 1932, edition 1 / Page 1
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The Leading Weekly Newspaper in Western \orlh Carolina, Covering a l.arf and Potentially Rich Territory in ThU State Vol. XLIV. ? No. 4 Murphey, N. C., Friday, August 26, 1932 $1.00 YEAR? 5c COPY COURT DfcNltS MAXWELL MOTION IN WALKER CASE Refuses to Declare Three Prior Licnt Against Defendant Invalid TV motion of Mrs. Frankie Max well in the case of Mrs. J. H. Dil larri a nd others against J. W. Walk er and others, to have modified to vacate that portion of the order ap pointing a receiver in said cause which allow Bank of MuYphy, A. J. Burns ar.d Guerney P. Hood prior liens apain-t the property and assets of J. W. Walker and the Receiver, D. H. Tillitt. in which motion creditors Town of Andrews and Will Luther join, the court finds as facts: ! That this action, a general creditors bills, was instituted on the 28th day c.f October, 1931; that on the 4th day of November, 1931, an order was signed in ^aid cause, upon the petition or bill, and the answer of defendants, appointing D. H. Tillitt as receiver of the estate and prop erty of said J. W. Walker. Said petition, answer and order are made a part of this finding. 2. That the order hereinbefore referred to provided for the adver tisement. by said receiver of notice to all ( reditors to come into said act ion and file their claims; that 12 months time was allowed within which creditors might file their re spective claims. 3. That at the June Term. 1932, of ?aid Superior Court. Mrs. Frank ie Maxwell obtained a judgment against said Receiver upon a jury trial in said Superior Court on her claim tor $8629.49 and upon learn ing tnat priorities hereinbefore re ferred to she promptly moved for relief. 4. That the Town of Andrews filed it - claim of $20,619.51 as a general ( editor with the receiver of faid I W. Walker on August 8, 1932, whi< h was allowed, and said creditor was thereupon notified by said re ceiver of said order and of the alleg ed pri rities and preferences to the three 'creditors hereinbefore refer red to. ?">. That Will Luther, executor of the estate of Geo. H. Luther, filed his elaini of $7693.87 with said re cti vi , in December, 1931, and was in formal thereafter that the order ap point iig a receiver had given prior ities t the th'ree creditors above named. 6. It is further found that the three alleged priority creditors had betun action on their respective 1- n aginst J. W. Walker but had not prosecuted same to judgment at thi time said receiver was appointed and qualified as such. that prior to the appointment r?f a receiver here in. Guerney P. Hood, Commissioner of Banks, fcx. Hel. Central Bank and Trubt Com pany, t.f Asheville, N. C., instituted a suit against J. W. Walker and R. P. Walker, Jr., on various notes, and ^ that on the 14th day of December, 1 93 1 , judgment was rendered in said j suit in the general county court of I Buncombe county in the sum of | ? , with interest, and that a transcript of said judgment was duly | docketed in the Superior Court of 1 Cherokee County on the 19th day of | December, 1931, in Judgment Docket N'o. 22, at page 39. That the action of A. J. Bums vs. j J. W. Walker and C. M. Wofford, re- i ferred to, was instituted in the Sup- j erior Court of Cherokee County on j October 2lst, 1931; that judgment was rendered therein for the sum of $6,500.00 and interest on the 30th ; day of November, 1931, and was docketed in the office of the Super-; 'or Court of Cherokee county on the ] ?jOth day of November, 1931, in Judgment Docket No. 22, at page 290. That the plaintiff, the Bank of) Murphy, brought its suit October 16th, 1931, and recovered judgment j November 17th, 1931, judgment; docketed November 18th, 1931, in Judgment Docket No. 22, at page 8. Upon the foregoing motion and .cts found the Court is of the opin ion that he has no authority to moa- . n ?.r Vftcate the order of Judge Harding, hereinbefore refert-ed to, I an3, m?tion referred to is denied. . To the refusal of the court to ^fcn judgment modifying the order referred to in the' above findings, and declaring invalid the liens therein Ranted to the Bank of Murphy; A. ? ?ufrns, and Guerney P. Hood, the Jfovant creditors except; to the ourts declining to enter judgment or movant creditors they except, and *PPeal from the foregoing order and (Continued on p*|? 5) Setting a New World's Record # :< \& This photograph, transmit ted over A. T. T. wires from Los Ari^< !#??, shows J. Healy of New York setting a n?w world"* record of r j.oj ? t !.e 400-yard hurdles in the Olympic gap ?*?*. Adelheim of Franco is second and Areskog of France Is third. GRAND JUROR IS DISMISSED i AND FINED A. E. Nichols Found G?jilty of Violat ing Prohibition Law, Fined $50 and Costs A. K. Nichols, of Cul^eis^n. m * :v. ber of the Cherokee C' unty Giw.ul Jury, was found guilty of drunk,:, ni^ and driving an automobile while intoxicated and fined ?50 and e< : at the August Term of Cherokee Superior Court, records o: the court; ! revealed this week. Air. Nichols, a: the request of the court, was also I permanently relieved of hi* duties! a a grandjuror, it was learned. The records of the court follow--' State Vs. A. E. Nichols, Drunken ness and D. A. W. I., trial by jury,] verdict guilty. Judkment of the court that the defendant pay a fine1 of $50 and cost, and not to drive an automobile for a period of six months from this date. This shall apply to passenger car only and not to a j truck in the regular course or" bu -i FINES IMPOSED AT AUGUST TERM SUPERIOR COURT ! Ft Mowing an- fines mp , ! ' Judge II. Hoyle Sink a: the Ajijt Term of Cherokee .Superior (' .urt, according to the minute docket | record in the Clerk's office. La-: week a brief review of the senten ' ; ces were carried, but there yet ap | pears one or two instances of sen I tences in this record of the fines. | Bob Taylor, violation of the prohi I bition law, 61 days, capias to issjuc October 1, unless ?25 and costs have been paid. ! Jessie Gibby, violation of the pro hibition law, 61 days, capias to issur j Octobe'r 1, unless costs have been I paid. Arthur Gibby and Jessie Gibby, larceny and receiving, 61 days, ca ! pias to issue October \t if the former (judgment is not complied with. Jake Taylor and Bass Taylor, for- j cible trespass, capias to issue Octo ' ber 1 if farmer judgment is not com plied with. Millard Odell, violation of the pro hibition law, 61 days, capias to is sue if fine and costs have not been paid by October 1. weapon. K. M. Henegan, Harry Griffith, and A. V. Collins, charged in separate in dictments with carting concealed weapons, were each fined $50 and 1 costs. I Bass Dockery, assault with a dead I ly weapon, to appear at the August I term of court, 1934, and show that costs have been paid. Robert Jones, larceny, 61 days, ca ' pais to issue October 1 if costs have not been paid. Pauline Blackwell and Beatrice Bowman charged in separate bills, with an affray waived finding of bill | and plead guilty, and were discharg ed upon the payment of costs for which the county would be liable. Herman Key, violation of the pro hibition law, 61 days, capias to issue February 2, 1933, if defendant fails (Continued on p*gc 4) Has Undergone 17 Operations And Not Yet Six Years Old "K.liov,. h or Not" KipU-y can tar.e An*.- from this: Little Alta May If. . .- - y. daugh ter ol 3Ir. ar.d Mrs. Carl" l? . : , . and who will not l?. x i:i vs ,.i,i until next Novemh, . a> undcit'oi ? 17 operations-. About two yiar- ago, Alta May wa< burned abrut the front pa v. of her neck so badly that when it heti- 1 ed her head wa- drawn downward1 to one side. She w carried to the h pita! at Franklin, where .-he ie*l niained for two m- nths. during: which J time she wa- operated en four time-., She wa- then ? :t ;i.d to the Noith Carolina Orth- } aedic Hospital at Ga.- - tenia where ^h?- retrained for nine month: and underwent 13 operation*.. She returned t i her home here at i Murphy Sunday, and is said to be j well and normal again. MEETING HELD BY HEALTH OFFICERS AND PHYSICIANS ""Dr. J. M. Parrott, o( Kalvinh. IK :eta!\ ?)? h- S'-.ti- Board of neai:n. and Dr. I li. Mcbraycr. I Southern Pine?, si ? ? iu ? ! the State Medical society and :r.a_r airintr director of the State Tubevi -.j! '.-is association, held a meeting v loct ??:?>? of Chero kee countv at the office o* Dr. Adams at 1 ! K Tuesday. Aug ust 23rd. The obj- c: ol th?- meeting was to discuss a certain part of the work for undernourished and repeater children in connection with the dis tribution ot the relief fund. Accord-1 in? to Dr. A. T. Allen, State super intendent of public instruction, it is cc sting the State S 10,1)00.000 a year! to teach repeaters. By repeaters isj meant children who have to repeat} grades. Dr. John B. Wright, president of the State Medical society, will join in the visits. They will visit every county in the State. Dr. McBrayer and Dr. Pa'rrott are visiting 15 west ern counties. They will meet with ' the doctors o( Macon and Clay coun ties in Franklin Wednesday. Cherokee county doctors attend ing were: X. I!. Adams, E. E. Adams, J. N. Hill, and S. C. Heighway, of Murphy, and W. C. Morrow, Dr. j Herbert, and Dr. Orr of Andrews*. o Taxpayers League To Be Organized A meeting of the tax payers of Cherokee County is called for ti:e first Monday iri September, the 5th at 10 o'clock for the purpose ol organizing a ta-xpaye^s League in the county. Petitions have been circulated in the county asking for this Tax Payers League and the meeting on the first Monday in Sep tember is to complete the organiza tion. o Mrs. Elsie Whiteheart and children who have been visiting relatives and friends here for the last two weeks' lef Monday for thefr home at Win ston-Salem. Mrs. E. L. Holt and little son Re turned home Sunday from Downing Hospital at Ginesville, Ga. I We lake produce on new or renew al subscriptions, but we don't want any more apples. And we do not want any produce on Saturdays. I LOCAL SCHOOL TO OPEN ON FRI. SEPTEMBER 2ND New Superintendent Arrives and Ar rangements Being Made For Registration Mr. H. Bueck. of Cullowhee, new superintendent of the Murphy graded j -ohool-. arrived this week with his amilv and arc- located in the resi ien< vacated 'ast week by M"r. C. I V. Williams, the retiring superinten dent. Th? Murphy ehools are scheduled I to open on Friday morning Septem ber 2nd. according to announcement thi-. week by school < fficails. This opening on Friday is to make regis tration, assign the pupils, and give thrm bo<? li-ts, that everything will In- in readiness to begin the ' - chool year propel on M nday niorn 1 mg. Sept. ~>th. Preparations aie being made for ! one of the largest enrollments in the i history of the school. The school j board believe- it has secured one ot ?J... \ est corps of teache'rs, nineteen in number, and all indications aie that this will be an unusually good, -chola.-nie year. The complete list | i?f the facultv follows: Mr. H. Bueck, of Cullowhee, Sup ?i intt ndent. Mis* Clara JMefombs. of Peachtree. I and Miss Dair McCracken of Hayes- 1 ville. First Grade teachers. Mi.-s Martha Mayfield, of Murphy, 1 Second Grade. Miss Lucile \V vke. of Cullowee, Third Grade. Miss Emily Sword, of Murphy, I Fourth Grade. i Miss Ada I.eatherwo. d, of Murphy, Fifth Grade. Mrs. Henry Axlcy, Murphy, Sixth Grade. Mr. 11. F. Stephens. Six Miles, S. C. Seventh Grade. Mrs. Tom Patton, Bryson City, lower grade. Mrs. T. A. < a>e, Murphy, l-.-wir grade. Mis* Annie B. Bailey, Atlanta, Ga., home economics. Mis. Ruby 1'ourtnty, Williston, N. Latin. Miss Fanny Hathcock, history. Miss Irene Irby, Enfield, N. C., I Knglish. Mr. O. W. Uaton, Bi>coe, math I cmatics. Mr. It. C . Barrett, Chapel Hill, X. C. mathematics. Miss Margaret Le May, Smith field *N. C., French. Mis. .1. W. Davidion, Murphy, music. Association Officers Elected By B. Y. P. U. At the annual as?ociational B. Y. P. U. Associational, held last week with the Little Brasstown Baptist Church the following- new oficers were elected to serve during the com ing year: President, David T. Ma?h bufrn, of Andrews. This is the sixth year that Mr. Mashburn has been elected as president, being elected at the beginning of the organ ization and serving continuiously. Vice President, Mr. Paul Lovingood, of Marble; Seereta'ry-Treasurer, Miss Alma Swanspn, of Hayesville; Chor ister, Mr. Bill Lovingood, of An drews, Pianist, Mrs. Bill Standridge; Junior-Intermediate Leader, Miss Mabel Jones, of Andrews. District Leaders, Mr. L. C. Ward, of Andrews Mr. Norman Kilpatrick, of Wame, and Miss Katherine Wakefield, of Hayesville. Mr. J. W. Porter of Andrews was a visitor in town, Monday. Miss Ann Candler entertained with a six o'clock dinner at ther home on Monday evening. Those present were: Misses Polly Davis, Sala Kate Baker and Messrs. Charles Dickey, Paul Howell and William Owenby. MURPHY LIONS HEAR REUSING TUESDAY NIGHT Asheville Speaker* Guests Of Local Club On Ladies Night Tuesday i W" ?eusin*. cf the Aslwille Lior.s ( lub, ?a, Principal speai.e. at a meeting of the Murphy I.ions at the Kegal Hotel Tuesday night, which occasion was featured by ladies nignt. Avh^nnn>anyin,K Mr' Rc"S1"^ fro,.. Asheville were Joseph Dave, president Phiir "he vi"e Lions, and Koy ' president. They came CO Murphy Jn connection with the jnter-city exchange of club speakers ctic*clXTred by thc A h-'11 The me.t'ng Tuseday night was an enjoyable one. Following a sumptu ripast, a program of speaking was had with Lion President \V M iT 0 -MurPhy, presiding. ? I' ?. F' HW?ins. pastor of the Murphy Methodist church, made the address of r welcome, and Mr. Kain deliv.l .r?,KUC Ktusin? dclneVcd the principal talk of the evening. Mr. Pave was then presented and he introduc.d the new Lion ?,ng recently adopted hy I.ions Inter! national. During th.' course of his remark- he extended the Murphy Lions hearty invitation to the Keg ion. I.ions metting at Asheville I* riday and Saturday. Other speakers were Miss Butler ?Je John C. Campbell Folk School a- Brasstown, and Mr. Kov Phillips Pa-t president ol the Asheville Lions. In the course of his remat-ke, Mr. eusing -aid that the apparent bu*i ii. - improvements and the common n. -s uf our problems jhe greatest opportunity lor Western North Caro una to lor^e ahead as a unit. He cited the improper application ?L\h j ?"C the main reasons { th'' depression, and said we have been putting the cart befoie the horse -We have believed that natural prosperity was th. result o! further credit, rather than that P Hk V ,ar?jc fr')in the natural wealth realized ats' indictment made in exchange ol g-oj;' "Through utilization and conserva tion 01 the latent powers of West ern .North Carolina progress will he made. Ue should not assume debt to pay oft debts. A sensible attitude towards betterments and improve ment-, rationalized and consistent to the tempo of progress is needed in ae? 1 i dance with the principle that or : iirther debt i.- the truit only of additional wealth and a- ,-uch should not .be contracted out o: proportion to anility t? repay.'' .Mr. Housing said the Great Smokv Mountains Nationr.l Park and the rich forest preserves with their species of native trees would un doubtedly become one of the na tion s show places through the de velopment better times will bring. Dave, president, and I.. Roy I hillips, of th?* Asheville club, made short talks. The Rev. T.S. Higgins, of Murphy, introduced Mr. Housing, W. M. Fain, president, presided. Those present were: .Mr. and Mrs. K. \\. Gray, Mr. and Mrs. H G Elkins, Mr. and Mrs. V. M. Johnson! Rev. and Mrs. T. S. Higgins, Mr. and Mrs. G. W. Ellis, Mr. and Mrs. W M Fain, Mrs. C. W Savage, Mr George Bidstrup and Miss Butler, of the Folk School, Messrs. Roy Prillips, Joseph Dave, V . J. Reusing, E. C. Moore, Abe Hembree and C W Bailey. CORRECTION In last week's issue of the Scout a news article was carried with re ference to the Town of Murphy hav ing instituted a civil action against F. A. Fain, H. A. Fain, their bonds men and S. W. Lovingood. In this article the Scout inadvertently stat ed that the sureties for F. A. Fain j "alleged" the bond of F. A. Fain "was received by the Mayor and tresurer of the Town of Murphy from F. A. Fain without the knowledge, consent or approval of the Town Board, and in pursuance of an alleg ed unlawful conspiracy between the Mayor, Treasurer and F. A. Fain." The sureties did not make this alle gation and the Scout is glad to cor rect the errtfr or inadverance. Mr. and Mrs. Pat Farmer, and chilcfren, who have 1>ee. spending the past three weeks with Sirs. Ruth Car ringer, U?ft Wednesdey morning for their home in Washington, D. C.
The Cherokee Scout (Murphy, N.C.)
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Aug. 26, 1932, edition 1
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