**ROBESON COUNTY, N.C
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THE CAROLINA INDIAN VOICE
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VOLUME 5 NUMBER 22 PEMBROKE, N.C. THURSDAY, JUNE 2, 1977 1S4 PFRrnDv T
PubllcQfion No. 976380 iO*J rtn CvJri
^ JUDGE McLEAN
FINDS OXENDINE
GUILTY IN
ALTERCATION WITH
TROOPERS
P5U To Receive Special
Solute on VECT-TV's
''Corolino or Noon"
tiiiNiiiiiibiiii, i„w
BRUTALITY ISSUE AGAINST TROOPERS NOT ALLOWED
TO BE PRESENTED IN COURT
Judge Charles G. McLean, in his summary, got right down to the nitty gritty. Who do
you believe? Pembroke Town Manager McDuffie Cummings or the two highway
j patrolmen involved? Judge Mclean opted to believe T.J. Evelyn and Hubert
[Covington, two N.C. Highway Patrolmen, who Cummings said in sworn testimony
brutally assaulted O’Neil Oxendine, the defendant in the case.
On the witness stand, McDuffie Cummings stated what he saw on the evening of April
22 on Union Chapel Road across from his home. Said Cummings. “1 was out in the
yardcutting grass (or I was until I ran out of gas formy lawn mower) and I saw Troopers
^ Evelyn and Covington maintaining a traffic check across the road from my home.”
^'bummings related further that he saw “O’Neil Oxendine, the defendant in/the case,
drive into a driveway near his home.” The action began shortly thereafter when
Troopers Evelyn and Covington approached Oxendine’s car and ordered him to go with
them to their patrol car parked nearby on the shoulder of the road.
people
and places
and things
GOSPEL SING PLANNED AT
SMYRNA BAPTIST CHURCH
There will be a gospel sing at Smyrna
Baptist Church on Saturday night, June 4,
at 7:30 p.m. Featured singers will be the
Simpson Quartet, the Glory Bound Gospel
Singers, the Gospel Singing Quartet, The
McNeill Trio, Bro Felix Deal and Family
and others. The church is located on
water recedes and DOT bridge maintenance
crews have an opportunity to examine the
structures for any damage.
BLOOD PRESSURE AND
BREAST CLINIC HELD AT
PROSPEa SCHOOL
How is your blood pressure? ...Do you
Despite persistent questioning from assistant attorney William A. Hough, Cummings
insisted that he saw what he saw, and said, in an anguished outburst, “I screamed out
when 1 saw Evelyn strike Oxendine in the back of the head with his blackjack... 2 can
never forget it as long as 1 live. I hollered out, “Hey! I’m looking hoping that they
would stop... ” But according to all participants in the case, the beating continued as
Oxendine received 31 stitches in his face and the back of his head before he was
transported to Lumberton to be given a breathalyzer test.
, Jim Bums, TV personollty from WECT-7V, Interviews Dr. Arthur
McDonald, director of the outdoor dromo, "Strike at the Windl" while
loctors rehearse in the background. The filming segment is port of o
documentary colied "A Visit to Pembroke,” which will be oired June 6,
dt noon, on WECT-TV channel 6.
State University. They stand in front of
Pembroke State’s $1.8 million Performing
Arts Center, which was completed in 1975
and seats 1,700.
^ Judge Charles G. McLean would not allow further delving into the case of brutality
against the troopers saying, ‘‘that has nothing to do with this case. That (a charge of
iifUlality lodged by Cummings against the two troopers) will be taken up at another
time. The only thing before us is the charges against the defendant, Driving Under the
luence, driving with a revoked license and resisting arrest.”
PEMBROKE--The opening remarks in a
special salute to Pembroke State University
on “Carolina at Noon” Tuesday, June 7,
on WECT-TV Channel 6, in Wilmington,
magnificent pieces of architecture
anywhere in America on a college campus.
It is truly a masterpiece in architecture.”
Bums introduced Dr. Jones on the
program as “the man who is responsible”
for not only this building but the other
amazing progress on the campus.
“You are seeing one of the most
The comments are by Jim Bums, host to
“Carolina at Noon,” as he interviews Dr.
English E. Jones, chancellor of Pembroke
^McLean, in passing sentence, said that he was of the opinion that Cummings was an
honest and reliable citizen but that he did not believe Cummings was able to see the
entire fracas because of an opened car door on the patrol car. McLean said, ‘ ‘Oxendine
was “angry and half drunk” at the time of arrest and “I believe Oxendine struck the
officer first.” Mclean also said, “I do not believe that the officers would jeopardize
their careers...they would be foolish to risk their careers by striking him (Oxendine)
first.”
Under intense questioning from assistant attorney Hough Oxendine said, “I don’t
remember hitting the officer.” But Oxendine did affirm that he refused to give the
patrolmen his name and that he remonstrated with Trooper Evelyn about getting in the
front seat. Oxendine explained conflicting parts in his testimony by saying, “I can’t
think right...! was hit on the head.”
Oxendine also said that he only drank one beer of a six pack found in his car after the
incident.
Oxendine also denied that he refused to take a breathalyzer test. Both Oxendine and
the attending breathalyzer operator affirmed that “he (Oxendine) put the apparatus to
his mouth three different times.” Oxendine testified that he was too weak to breathe
into the machine in order to give a sample for testing. Oxendine was detained at thi
Sheriffs Office approximately 2 hours before he was taken to the hospital for treatment
of his wounds.
Attorney Henry Ward Oxendine, who represented Oxendine in the case, contended
that his client did not resist arrest and called the charge of resisting arrest “mere
remonstrances or criticism and not the same as resisting..Attorney Oxendine also said
that his client was not drunk as charged and that the only charge with merit was the
charge of driving with an expired license.
Judge Charles G. McLean did not agree and found Oxendine guilty on all charges.
Oxendine was fined $300 and court costs and given a sentence of nine months,
suspended for four years on the drunk driving and driving without a license. For the
resisting arrest charge, Oxendine was given a 90 day sentence, suspended for two years
plus a $50 fine and court costs.
Notice of appeal was given in all three cases to a future term of superior court.
Citizens Take The Motter To Raleigh
In reference to the Performing Arts
Center, Dr. Jones says: “It has done not
only for this campus but for the larger
Pembroke-Robeson community something
that was impossible prior to its
construction. It has brought performances
to our campus that were absolutely
impossible to attract prior to that.”
Highway 211. The public is cordially know? ...Over 165 Robesonians do. On
invited to attend. Sunday, May 29 a blood pressure and
breast clinic was held at Prospect School.
FERTILIZER LEACHES IN CORN TOO In addition to the blood pressure check, an
estimated 90 women were given breast
Excessive rains have leached nitrogen examinations,
fertilizer from sandy soils for all crops
including com. Gardens, commercial Clinicians were: Dr. Frank Worriax, Dr.
vegetables and other crops requiring Ben Hardin, Ms. Judy Hunt (RN), Ms.
nitrogen fertilizer will need to have some of Barbara McMillian (RN), Ms. Charlona
the nitrogen replaced, especially if the crop Strickland (RN), Ms. Ann Juren (RN) and
is on sandy soil. Specialists at North Ms. Maxine Deese, nursing student
Carolina State University also recommend (UNC).
that a deep shank cultivation be done
between rows where practical to allow The clinic was sponsored by the Prospect
water to filter out of the soil faster. Career Club. Career Club members
participating in the clinic were; Freda Jones
Although some forms ofnitrogen are more (President), Mary Bullard (Secretary),
leachable than others, they all leach on Loma Chavis (Parliamentarian), Phyllis
light, sandy soil when excess rain comes. If Bryant, Naomi Dial, Tara Dial, Lisa
farmers can get into com and other crops Hams, Luvine Leviner, Daris Locklear,
with equipment without excessive damage Miriam Locklear, Maxine Locklear, Reba
tocrops, itisrecommendedthatnitrogenbe Locklear, Stephanie Moore, Beverly
replaced at the rate of one-half pound for Oxendine, Naomi Oxendine, Linda Gail
each pound recommended for that Locklear, and Mrs. Aggie G. Deese, Club
particular crop on sandy soils and Advisor,
proportionately less on heavier soils.
PSHS SPANISH DEPARTMENT
The guide used for correcting fertilizer CELEBRATES FOREIGN
loss in flue cured tobacco will also apply to LANGUAGE WEEK
fertilizer loss in other crops. Copies of the
guide (Extension Folder #2l2i and The Spanish department recently
additional information on leaching may be celebrated Foreign Language Week at
obtained from the County Agricultural Pembroke Senior High School with several
Extension Office, Owens Agriculture activities. Monday was “Name Tag Day”
In reference to Old Main, the first brick
building on the PSU campus whose
wooden portion was destroyed by fire in
’73, Dr. Jones comments: “I think I’ve
signed the final paper (for the $1.6 million
restoration). I think everything is in
order—and certainly we ought to be ready to
go. We are designing the new building
now.”
Building in Lumberton.
GOSPEL CONCERT AT SOUTHSIDE
MIDDLE SCHOOL
and all Spanish students wore name tags
designed especially for that day. A Tea was”
held on Tuesday after school for the staff
and faculty in honor of the exchange
student from Mexico, Ana Maria Castillo.
Southside Middle School will sponsor a Wednesday was Spanish Color Day which
Gospel Concert on Sunday, Junes, 1977 at emphasized the colors of red, black, and
7 p.m. in the school gymnasium. Featured white. Thursday was Taco Day and a
groups will be; The Sensational Mexican meal was served to the entire
Swainienires. The Southern Six, The student body.
Chandler Children, all of Rowland, and
Dr. Jones, who became head of the
institution in 1962, reflects on how there
“were only 32 faculty members when I
took over as compart to i 16 full-time
professors now.
The Royal Lights of Dillon, SC. Admission
is $ 1.50 for adults and $1.00 for students
The public is cordially invited.
CORRECnON AND AMPLinCATION
On Saturday the week was concluded with
a Bike-A-Thon to help raise money for the
Internationa! Exchange Program. The
group hiked 25'miles and returned to the
home of their advisor, Mrs. Steve Jones and
finished the day with a weiner roast.
The chancellor praises the “terrific”
faculty-recruiting skills of Dr. Howard
Dean, vice chancellor, for the fact that of all
faculty hired during the last 2 1/2 years at
PSU, ”82.5 per cent have their
doctorates.”
Dr. Jones also points out that PSU, which
now has a cooperative graduate studies
program through UNC-Charlotte, “hopes
to have our own graduate program as early
as January of next year.”
In last week’s edition of The Carolina
Indian Voice an article on the monthly
board of directors meeting of Lumbee
Regional Development Association
incorrectly stated that Helen Sheirbeck and
James Albert Sampson had been selected to
serve on the National Advisory Council on
Indian Education. Actually, these people
were nominated by the LRDA Board of
Directors for consideration on that council.
ROBESON COUNTY HAIRDRESSERS
ASSOCIATION MEETS
Bums salutes Dr. Jones on the television
special as “quite a go-getter - an
educator’s educator.”
The regular monthly meeting of the
Robeson County Hairdressers Association
was held at R.T.l. May 23, 1977 at 8:00
p.m. The meeting was called to order by
Betty Oxendine, President. Polly Floyd,
Secretary, called the roll. John Melton was
chosen to serve as Vice President until
January. Business was completed on the
Parade of Salons. Thirteen salons were
Radio Station WTSB, Lumberton, was presenting models the dinner and dance held
honored by the North Carolina Heart at Holiday Inn, North. Jean Vick advisor
Association during Us annual meeting and for Robeson County, will present the
RADIO STATION WTSB WINS
HEART ASSOCIATION AWARD
Tuesday, Pembroke Town Manager, McDuffie Cummings, Pembroke Councilman,
Milton Hunt, and County Commissioner. Herman Dial, traveled to Raleigh to meet
with the Commander of the N.C. Patrol. Colonel John Jenkins. The meeting was
an^nged by Representatives Joy J. Johnson and Horace Locklear. Both Locklear and
Johnson sat in on the session.
Dr. English E. Jones (left) being Interviewed by Jim Bums of WECT-TV,
Channel 6. of Wilmington for o "Corolino ot Noon" program forTuesdoy,
June 7. They ore in front of PSU's Performing Arts Center.
Dr. Jones replies: “It’s all been fun. I’ve
enjoyed every minute of it. 1 wouldn’t
exchange my position for any in the
country.”
scientific sessions in Winston-Salem May
18-20.
WTSB won the Willard G. Cole Award.
Model Miss Davie Mitchell as the new
member for May. Others attending the
meeting was special guest, Jean Booth from
Roux Hair Color; Annie Mae McLeon.
Cummings repeated his charges to Jenkins personally and asked Jenkins to investigate
the matter. Jenkins, according to Cummings, agreed to have minorities represented in
the next class for patrolmen and to look into the matter fully.
DR
District Attorney Joe Freeman Britt is also investigating ihe matter. He has refused to
allow Cummings to take out a warrant against the two troopers saying that he did not
allow warrants to be issued against law enforcement officials without an investigation
by his office. To date, Britt has not indicated what his investigation has uncovered.
GABE PAXTON
TO BE PSHS
COMMENCEMENT
The chancellor goes on to tell of the
unique position Pembroke State University
enjoys as an educational institution. “1
don’t know of another campus in the
country that could really mean as much to a
group of people as this campus has meant to
the people of this county (Robeson) and the
surrounding areas.”
Jproximately 50 Indians attended Friday’s session and many were appalled at some
he proceedings. A number of on lookers questioned a recess called for by Judge
Lean following the testimony of Cummings and Oxendine. According to one of the
rt observers, “McLean, four or five troopers and Hough went into a conference
m during the recess.”
SPEAKER
Also, another observer, questioned the propriety of bringing up past traffic violations
by Cummings. Said one irate looker, “Cummings was not on trial, but they tried him
anyway.”
One of the troopers, Hubert Covington, also, according to witnesses at the Pembroke
Police Department, came in after the trial and said, “Well, we beat your town manager.
He lost the case.” O'Neil Oxendine was on irial-not McDuffie Cummings.
Dr. S. Gabe Paxton will be the principal
speaker for the graduation exercise at
Pembroke Senior High School on June 9,
1977 at 6:30 p.m. Dr. Paxton, a Chocataw
Indian from Oklahoma, is the newly
designated Associate Deputy
Commissioner for Indian Education, U.S.
Office of Education. He was formerly the
Director of the Division of Special Projects
and Programs for the Office of Indian
Education. In addition, he has been Acting
Deputy Commissioner for Indian
Education since July. 1976.
programs to improve the quality of
education to Indian students and to enlarge
the scope of assistance to meet the
previously unmet needs of I ndian youth and
adults. The law authorizes grants totaling
fifty seven million dollars to schools and
educational agencies yearly under the
Indian Education Act.
Dr. Jones says the geographical location
of Pembroke State University means a great
deal because of its proximity to both the
ocean and the mountains: “We always
claim the honor of having a campus located
so that any person who wants to go down to
the beach this weekend can drive down in
two hours—or in a couple of hours or so be
in the mountains.” Bums quips: “The
ocean and mountains are suburbs to
Pembroke.”
named in honor of the late Pulitzer piccLa Butler, Betty Biggs, Evelyn Hunt'
Prize-wmnmg newspaper editor of Velma Locklear, Virginia Locklear'
Robeson County. The award is given to Brenda Maynor. Stylists are asked to have
selected news media for their support of Hei, models at the Holiday Inn by 7; IS
the program and fund-raising efforts of the June 11 1977.
Heart Association. The station was cited
for its support of the Robeson County Heart
Unit, particularly the local Heart Fund ROBESON JURY CHARGES 16
campaign.
LUMBERTON-The Robeson County
Overathousand physicians, nurses, allied Grand Jury Tuesddy returned 16 sealed
health professionals and non-medical indictments in an investigation of the
volunteers attended the Winston-Salem Lumberton Housing Authority, and
meeting.
DAMAGE TO BRIDGE CAUSED
NC-100 BYPASS CLOSED
District Attorney Joe Freeman Britt said it
was only the beginning.
Since the trial one of Home Florist’s trucks (the floral business operated by McDuffie
'ummings’s wife) has been given a questionable speeding ticket and the truck has been
ollowed menaceingly on at least one occasion. Too. there have been additional traffic
hecks in the vicinity of Cummings’ home on Union Chapel Road.
The civil liberties Union has shown some interest in the case although no firm
^committment has been given to date.
In hiw new post Dr. Paxton serves as the
number two man in the Office of Indian
Education. sharing the Deputy’s
responsibility for administering the Indian
Education Act authorized under Title IV,
Public Law 92-318, Education
Amendments of 1972. This legislation
provides funds for the development of
Dr. Paxton has had twenty four years of
experience in Indian education serving as a
teacher, counselor, principal, supervisor,
and administrator in Arizona, California,
and Oklahoma. He began his career as a
classroom teacher at the Colorado River
Indian Day School. Parker, Arizona in
1953. Moving to an increasingly
responsible position, he became, in 1974,
Chief, Division of Professional Relations.
Office of Indian Education Programs,
The filming for the special was done by
WECT-TV’s Mobile Color Studio which
also took-s films of buildings on the PSU
campus like the English E. Jones Health
and Physical Education Center, the Mary
Irwin Belk Hall and the braced walls of Old
Main, which will soon be restored.
Interviews on the program will also
concern “Strike at the Wind!”, the outdoor
drama about Lumbee Indian hero Henry
Berry Lowrie, and the Lumbee Regional
Development Association (LRDA), also
located at Pembroke.
“Within 10 days we’ll have more SBI
agents in here and the investigation will
Damage to a bridge over Hog Swamp really heat up,” Britt said.
Creek has caused Department of
Transportation (DOT) officials to close the The State Bureau of Investigation began
NC-130 Bypass near Faimiont. Heavy its inquiry in January after Britt was given
rains and local flooding have necessitated evidence of financial irregularities. Agents
the Bypass closing from NC-130 Business reviewed financial records at the housing
toNC-41. authority and interviewed businessmen
who had contracted for services with the
Earlier this week, DOT officials closed agency,
four other bridges in Robeson County.
They were: a bridge over Aaron Swamp on The FBI investigated the authority in
Davis Road. 4 miles southwest of 1974, and Elma Gray Storms, finance
Fairmont; a bridge over Horse Swamp on director at the time, was convicted of
Rowland City Limits Road (Secondary imbezziing $20,000 in agency funds.
Road 2435); and two bridges on Pleasant
Hope Road (Secondary Road 2426) located
north of Fairmont.
All bridges will remain closed until the
The names of those indicted and the
charges against them will not be revealed
until their arraignment, for which no date
has been set. Britt said.