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VOLUME 6 NUMBER 30 PEMBROKE, N.C. THURSDAY. JULY 27, 1976 15? PER COPY
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MORE ABOUT THE
ROZELL HUNT STORY
A News Analysis
by RIchGtroux
Rozell Oxendine Hunt is a fifty year old
Lumbee woman who has eleven child
ren. She has been in prison for more
than four years.
Rozell was indicted by a grand jury oft
June 10, 1974, and her trial for
first-degree murder began on the same
day. She was sentenced to die in the gas
chamber.
Because of the unfairness of her trial,
however, a new trial was ordered. The
N.C. Court of Appeals recently has
upheld the order for a new trial, and it is
scheduled for September.
Bail has been set at $30,OCX), but Rozell
still sits in Women's Prison in Raleigh
because neither she, nor anyone in her
family has enough money to pay for a
bond.
It is interesting to contrast Rozell
Hunt's situation with the events sur
rounding the death of Dr. Archie
Johnson in Raleigh on Monday, July 10,
1978. Mrs. Betty Lou Johnson was
charged with first-degree murder early
Tuesday and was released under
$25,000 bond that afternoon.
-? -*?
t
Certainly, Betty Lou Johnson has a
right, a constitutional right, to be free
on bail once a judge determines that
bail should be set. There is, however,
something wrong with a system of
justice which dictates that a well
known, educated, wealthy woman
charged with first-degree murder has
bail set at $25,000 and is released
without having spent as much as one
night in jail, while an unknown,
un-educated, indigent woman charged
with first-degree murder has bail set at
$30,000 and still sits in prison after
already having spent four years in jail.
Rozell Hunt is from Rowland, N.C., in
Robeson County. She moved to Anson
County with her common law husband
Joe Hunt about 14 years ago.
Rozell was arrested on May 16, 1974,
and charged with the murder of Joe
Hunt, whose death certificate stated
that death was caused by Ethyl
Methyl-Parathion, an insecticide. The
arrest came about when a routine
examination of death certificates indi
cated that Joe Hunt did not die in the
manner in which death from Ethyl
Methyl-Parathion could occur. Joe
Hunt's body was exhumed, an autopsy
was performed, and it was determined
that death was caused by arsenic
poisoning.
A preliminary hearing was scheduled
for June 19,1974, but it was never held.
On Monday, June 10, court-appointed
counsel, F. O'Neil Jones, appeared in
court not expecting to have to try
Rozell's case until the following week.
To his surprise, however, the District
Attorney for Anson County submitted a
bill of indictment to the Grand Jury, the
Grand Jury returned an indictment for
first-degree murder, and Rozell's trial
began on that same day.
Rozell did not take the stand at the
trial, no witnesses testified on her
behalf, and no motive for Rozell to have
committed the alleged crime was ever
established.
A young lady testified for the State
that she was eighteen years of age, and
that she resided with Joe Hunt and
Rozell Hunt and their children on a farm
in Anson County in August and Sep
tember of 1973. She testified that she
observed, through a crack in the door,
Rozell Hunt pour poison into some tea
later consumed by Joe Hunt. She
further testified that at dinner that day
she watched Joe Hunt drink the tea but
said nothing to him about any poison;
that she went with'Joe Hunt, later that
day or early the next morning, to the
hospital in Anson County, and said
nothing to the doctor or nurses about
Joe Hunt having consumed any poison;
and that she continued to live in the
residence after the death of Joe Hunt
and that she mentioned the poisoning to
no one until approached by the SBI in
May of 1974.
Rozell maintained her innocense and
said that she had witnesses to con
tradict the testimony of the young lady
and that she wanted to testify. On the
advise of counsel, however, no evidence
was presented by the defense on the
reasoning that, without presenting any
evidence, the defendant would have the
dosing argument to the jury. Rozell was
found guilty by the jury and was
sentenced to death.
F. O'Neil Jones, trial counsel, was also
appointed as counsel to file the appeal.
The appeal was not completed, how
ever, and in September, 1975, Jones
was removed as counsel by order
of the Supreme Court of North Carolina,
and Henry T. Drake was appointed to
replace Jones in carrying out the
appeal. The Supreme Court ruled in
January, 1976 that certain objections
and assignments of error, since they
were not made at the trial, could not be
raised on appeal, and affirmed the
conviction. In December, 1976, as a
result of a decision by the U.S. Supreme
Court, Rozell Hunt was re-sentenced to
a term of life in prison.
On January 12, 1977, application for
post-conviction hearing was filed. The
post-conviction hearing was held on
April 15, 1977. On June 21, 1977, an
order for a new trial was signed by
Judge Ronald Barbee. who determined
that Rozell Hunt was "denied her
constitutional right of effective assist
ance of counsel" at the original trial.
The State appealed the order for a new
trial, but the N.C. Court of Appeals
refused to overturn the lower court
ruling. In its opinion, the appeals court
quoted at length from Judge Barbee's
decision. The court noted Barbee's
findings about Rozell Hunt's inade
quate legal representation. Her trial
lawyer, F. O'Neil Jones, "made no
investigation of the case. He at no time
talked or discussed the case with any
potential witnesses which the petitioner
(Rozell Hunt) could use in her
defense," the appeals court noted.
In addition, Jones "did not investigate
the scene of the alleged poisoning,"
and, the court said, Jones "was not
prepared to represent (Rozell Hunt)
when the case was called for trial. The
record of the trial reflects that trial
counsel (Jones) did not make a motion
to continue the trial of the case." The
opinion also noted that Jones "offered
no evidence for the petitioner (Rozell
Hunt)."
Rozell continues to insist upon her
innocence. The new trial has been set
for September, 1978. On June 6, 1978,
bail was set at $30,000.
Rozell's eleven children are scattered
around the state. Both she and they are
under great stress. Like any mother,
Rozell needs to get out and see about
her children.
Also, Rozell needs to be released so
that she can return to Wadesboro to
help in her own defense. She steadily
maintains that she is not guilty.
Neither Rozell, nor any member of her
family, has sufficient resources to raise
the amount needed to free her. A fund ha!
been set up. It is called the Rozell Hunt
Fund. Contributions may be sent c/o
Elizabeth Robinson, The Agreement
Hour Praise Ministry, 4201 Pearl Road,
Raleigh, N.C. 27610.
Editor'i Note: The above article con
tains opinions expreooed by the writer,
therefore the article Is labeled "A
News Analysis."
Rozell
Hunt
Amplification
Last week our newspaper reported that
the North Carolina Commissioner of
Indian Affairs had begun fund raising
for Rozell Hunt. It was also reported
that contributions should be sent c/o
the North Carolina Commissioner of
Indian Affairs. These statements were
in error. The Commission of Indian
Affairs is not conducting this fund
raising. Contributions may be sent
instead to:
THE ROZELL HUNT FUND
c/o Elizabeth Robinson
The Agreement Hour Praise Ministry
4201 Pearl Road
Raleigh, N.C. 27610
EdMor'a Nstsi Kick Gksn Is a Vista
Vefonteer assigned to the N.C. Com
missies of Indian Affaks. Wa received
the fella whig latter frsm Mr. Ghwax.
Dear Bruce,
Here is the article (see accompanying
article) we put together about Rozell
Hunt. I hope that I will have talked to
you by phone before you receive this
(about the article you ran last week).
Perhaps you have heard about the
controversy. You printed the article
exactly as I toad it (over the telephone)
and the mistake was not yours. I was
wrong, however, In associating the
name of the Commission of Indian
AChirs with a fond raising effort for a
BTimlnal defendant. The artiste I'm
sending yen, therefore, contains no
mention ef the Cemndeslsn.
We might need to make seme kind of
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Respects Paid ro I
Senator Luther J. Brirr. Jr I
LUMBERTON-Detptte sweltering heat
caused by an out-of-order air condition
er, an overflowing crowd of about 1,200
paid its last respects to state Senator
Luther J. Britt, Jr. at the First Baptist
Church here Monday
Britt, 46, died at Southeastern General
Hospital Saturday afternoon, five days
after he had suffered a heart attack.
"North Carolina will always be a better
state" because of Britt's leadership.
Gov. James B. Hunt. Jr. said at the
funeral. He described Britt as a true
friend of the people
"Robeson County and North Carolina
have lost a great public servant and I
have lost a close personal friend," he
said. "I will miss him. and the Senate is
poorer for his loss, but I am thankful
and rejoice that he was given to us."
Britt was chairman of a senate
judiciary committee during the past
session. He was unopposed for re
election.
A lawyer, Britt served as I umbcivm
city attorney for 12 veats and wr.s past
president of Robeson County and the
16th Judicial Distrv! Bar associations.
He was a past st> -s president of the
Jaycees and was judged one of the five!
top Jaycee state presidents in the nation!
in 1967. ?
In addition to the governor, the funeral
was attended by Lt. Gov. James C.
Green, state Senators McNeill Smith,
D-Guilford, and William G. Smith,
D-New Hanover.
The service was led by Dr. Russell T.
Cherry, Jr.
"Forty-six years is not really a life of
any length," Cherry said. But Britt,
"filled up all his days to capacity. His
monument is literally all about you,"
Cherry added, referring to the standing
-room-only crowd.
Britt first ran for the senate in 1971.
He was chairman of a judiciary
committee during the past session and
was unopposed for re-election in the
primary last May.
Surviving are his wife, Mrs. Sarah
Williams Britt; his father, Luther
Johnson Britt; three sons, Luther Britt
ii. Hewitt Britt and Lee Britt, all of the
home; a daughter, Miss Sarah Veta
Britt of the home; and two sisters. Miss
Mary Britt of Fayetteville and Dr. Marie
Rhyoe of Cmannati, Ohio.
Pembroke Magazine
Receives Grant
PEMBROKE--The "Pembroke
Magazine," a literary publication which
WHO WILL
REPLACE
NOBLE?
Names are flitting about like flies: J.P.
Powers, President of Progressive
Savings and Loan; Sammy Cox, who
was defeated by Noble in the last
election; David Thompson, funeral
home director and a close political
associate of Rev. E.B. Turner, Lum
berton City Councilman and vice
president of the state democratic party
etc. etc. etc.
Who will replace Sam Noble as
.Lumberton District Councilman and
county chairman? Vice-chairman of the
county commissioners is Herman Dial,
the Indian commissioner from the
Pembroke-Maxton-Smiths District.
There are no Blacks presently serving
on the present board of commissioners.
Noble has resigned to take over
Senator Luther-Britt'a senate seat after
Britt died suddenly earlier in the week
from a heart attack.
Noble was named to the seat by the
senatorial committee comprised of two
members from Robeson and two from
Hoke County. The four have the
responsibility of making a recommen
dation to fill a vacancy if and when one
occurs in the 12th senatorial district.
The nomination is subject to Gov. Jim
Hunt's confirmation.
Party officials actad hurriedly. The
committee, at the urging of Betty
McCain, head of the state democratic
party, met Monday night to name
Brttt's replacement. They met the night
following the funeral dpt Sough McCain
said, "I hated to sad as have to meet
because I loved Luther Britt but Brock
(state elections head) said we had to
have the replacement notarised and In
Raleigh by S p.m. Tuesday so that
Luther's replacement could be on the
ballot..." Seemingly the printer,
according lo Ms. McCain was pushing
the elections board te get the ballots to
the printing house.
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has published 10 issues in the last
decade, has received a $2,500 grant
from the National Endowment of the
Arts in Washington, D.C.
"This is the first time the magazine
has received a grant from the National
Endowment of the Arts," said Victor
Dalmas, who is serving as magazine
editor since the retirement of Norman
Macleod, professor emeritus at PSU
and magazine founder.
Word of the grant came to Dalmas
through the office of U.S. Rep. Charlie
Rose (D-N.C.).
Dalmas cited the forthcoming Erskine
Caldwell issue of "Pembroke Maga
zine" as a reason for the grant. Guy
Owen, prefessor of English at N.C.
State University and author of several
novels himself, wrote recently in the
Fayetteville Observer-Times: "I
genuinely hope that this (Dalmas'
choosing a Caldwell issue) will be a
symbolic gesture, one marking a truce
between Mr. Caldwell and critics of
Academe. For no other serious Ameri
can writer has suffered more at the
hands of the academics than Caldwell,
not even Thomas Wolfe, who is no
longer fashionable either."
Other factors for the grant, said
Dalmas. have been the influence of
retired editor Macleod. who is still a
consultant to the magazine, and the
interest of Leonard Randolph, literature
program director of the National
Endowment of the Arts. "Randolph,
who is part Indian, has read "Pembroke
Magazine' regularly in the past." noted
Dalmas.
The Erskine Caldwell issue of "Pem
broke Magazine" is expected to be off
the presses next spring. It will be a
tribute to the Georgian, now 76 years
old. who wrote such books as "Tobacco
Road" and "God's Little Acre" (both of
which were made into movies). "Jour
neyman." "Trouble in July" and
"Tragic Ground." "Tobacco Road."
written in 1932. ran seven and a half
years on Broadway. Caldwell's books
told of the depleted, impoverished 1Mb
of sharecroppers in the South and
outraged hie Mow Georgians, observ
ed Owen.
However. Caldwell's stature among
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Faulkner ranked Caldwell among the
flee greatest modern ? American
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PSHS FOOTBALL PHYSICAL
SLATED FOR AUGUST 3RD
Physical examinations for all boys who
wish to play football at Pembroke Senior
High, varsity and junior varsity, will be
given Thursday, August 3. 1978 at 8:00
p.m. at the office of Dr. Martin L.
Brooks. The price will be $8.00 per
person.
Terry
Lockee
Trial
Begins Today
The case involving Terry Lockee is set
to begin today in a Lumberton court
room. Lockee is being tried on charges
stemming from an incident last May 20
when he was arrested by Highway
Patrolman, R.L. Davis.
Lockee, who is to be tried on charges of
drunken driving, resisting arrest and
assaulting an officer has recently
refused comment on the case on the
advise of bis attorneys.
Davis, claiming that he was acting in
self defense, clubbed Lockee repeatedly
with a long flashlight while attempting
to arrest him: consequently Lockee
spent a number of days in a Fayetteville
hospital with extensive head injuries
that many contend will follow him the
rest of his life.
The latest incident has intensified
feeling in the Lumbee community
against excessive force used by the
highway patrol in making arrests. Many
Lumbee Indian leaders have objected
strenously and an investigation is now
underway, too, Phil Carlton, after
meeting with representatives from the
Lumbee Indian community, has initia
ted an inquiry separate from that of an
internal investigation by the patrol
itself. Carlton is head of the state's
crime control and public safety
department. *?
Pembroke Town Manager McDuffie
Cummings and Bobby Chavis. a field
representative for the N.C. Commission
of Indian Affairs, have been eloquent
spokesmen for the outrage expressed in
the Indian community against, as they
see it, the excessive force used by the
highway patrol in making arrests.
DEEP BRANCH FIRE DEPARTMENT
PLANS PLATE SALE
The Deep Branch Volunteer Fire
Department is planning a plate sale
Friday. August 4. 1978 beginning at 11
a.m. until.... Billy Bums is fire chief,
and cordially invites everyone to come
out and meet and eat with the Deep
Branch firemen.
The plate sale is a fund raising effort
by the volunteer firemen to help pay off
their indebtedness so that they can
better serve the community.
GROUNDBREAKING AUG. 3 FOR
PEMBROKE ELEMENTARY
The official groundbreaking will be
held August 3. 1978 at 10:00 a.m. for
the new Pembroke Elementary school
building. The public is cordially invited.
6
Dr. H.L. "LJndy" Mart*
MARTIN SELECTED TOP SPEAKER
IN THE WORLD
Dr. H.L. Lindy" Martin is the son of
Mrs. R.M. Martin of Pembroke He has
been chosen as one of the top fifty best
^P**jtersmjfteworid by the Toastmas
Internationa/ Award for cornmlmicafion
and leadership by their group. He was
recognized for his leadership in Indian
affairs, education, and the church.
Dr. Martin serves as Dean of the
Division of Student Services at Samford
University. Birmingham. Alabama, and
is Vice President of the National Urban
Indian Council.
THE LATE AND BELOVED A.G. DIAL
EULOGIZED BY THE PEMBROKE
CHAMBER OF COMMERCE
The late and beloved A.G. Dial was
recently eulogized at a meeting of the
Pembroke Chamber of Commerce.
Chamber president. Jim Paul. said.
?"A.G. Dial was a man you could depend
upon. He was one of the original
members of the Pembroke Chamber of
Commerce. He gave a lot to the town;
and we are all better for having known
him."
A.G. Dial was a retired educator and
businessman, but he was still active in
the chamber of commerce when he died
earlier this year.
Ms. Bonnie Gail Sampson, executive
director of the chamber of commerce,
was directed by the chamber to prepare
a resolution in memory of A.G. Dial and
send it to his family as a small
expression of the Chamber's apprecia
tion of his talents that he used in behalf
of the greater Pembroke community.
THE GOVERNOR'S COMING
Governor Jim Hunt will be in Robeson
County Friday for two special occasions;
one is the dedication of Mohr Plaza in
Lumberton at S p.m.
At 8 p.m. he will be a special guest of
Strike st the Wind!" He will offer some
remarks before enjoying the outdoor
drama.
Strike at the Wind!' is located in the
Red Banks Community, approximately
J miles from Pembroke on the she of
Riverside Country Club.
DR. P.K. BROOKS 0PKN1
VRTERWARYPjUCneB
Dr. D.B. Brooks has opened a
veterind^ practku In Nmbwio, A
Alabama, Brooks' mmbSbIi^aaamS^
HH I
WATCH FOR
IMPORTANT
ANNOUNCEMENT A
NEXT WEEK! I