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VOLUME 7, NUMBER 44 PEMBROKE, N.C. THURSDAY, OCTOBER 25, 1979 ROBESON COUNTY 20# PW COPY
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PEMBROKE SEEMINGLY ON DEFENSIVE IN ALFRED COOK LAWSUIT
Cummings Ordered to Answer Questions
by Brae* Barton
Lembertee-Thc town seemingly went
on the defensive Wednesday afternoon
when Judge Robert Fanner ruled on
motions argued before him in Robeson
County's Superior Court Monday morn
ing.
The motions were made in legal
moves related to the S3 million lawsuit
filed against the town of Pembroke by
Alfred Cook, a property owner, and a
counter $100,000 suit filed by the town's
attorney against Cook for causing
libelous statements to be printed in The
Robeson Ian, the county's daily news
paper. According to sources within the
courthouse. Osborne Lee, Jr., Cook's
attorney, also represents The Robeson -
Ian as company attorney.
Cook has sued the town for, as he sees
it, falsely arresting him and charging
him with injury to real and personal
property and resisting arrest. The
town's police car was struck by Cook's
tractor during the incident.
The charges against Cook were later
thrown out of court because of snafu in
the courtroom of District Court Judge
Craig Ellis. Ellis, in effect, threw out
the case against Cook because he
considered it a civil matter and not a
Mcrvoa' ont One observer Intimated.1
that Ellis wu in error in dismissing the
charges against Cook summarily with
out a trial or court proceedings.
When the charge* against Cook were
thrown out by Ellis the town dropped its
pursuit of a temporary restraining order
?gainst Cook which attempted to forbid
him to barricade the property in
question.
The incident occurred on May 20,
1978. On that day Alfred Cook was
arrested bv Pentbk kr Police Chief
Vernon Osendine an,) Policeman Har
vey Bullard. He ha<! refused to stop
plowing a stretch of land located behind
Woodell's Park and Shop Convenience
Store in Pembroke. The land in question
had been used "as long as I can
remember," noted one long time
Pembroke resident, as an alley way.
According to witnesses, when Cook
was approached by Osendine and
Bullard, he became offensive and
abusive. When the police officers asked
Cook to stop plowing up the property he
emanded that theyttay off his property,
accusing them of tr'-spassing.
Cook claims in his lawsuit that he was
unlawfully imprisoned causing him
great mental angui h and embarrass
ment. He also claims his back was
injured when he nra' physically remov
ed from the tractor he was plowing up
the disputed piece of property with.
Cook has, since the incident occurred,
barricaded the "tw<< parcels of proper
ty" with a chain fence.
More than a year later, at 9:04 a.m.
on the 20th day of July. 1979 the lawsuit
was filed againsi Police Chief Vernon
Osendine, Policeman Harvey Bullard
and McDuffie Cummings, town man
ager, as well as the town of Pembroke.
Cook charges, in his original com
plaint that "He (McDuffie Cummings)
"desired to have a right of way across
the plaintiffs land" in his capacity as
the town of Pembroke's agenl.
MOTIONS HEARD BY FARMER...
On Monday Pembroke Town attorney
Dexter Brook* and Lumberton lawyer
Dickson McLean, representing (be town
officials McDuffic Curriminps, Police
Chief Vernon Oxendine and then
Pembroke Policeman Harvey Hullard
Appeared before Judge Robert Farmer
and asked him todismiss Cook's lawsuit
because the statute of limitations had
expired in the assault and battery and
false imprisonment phase of his com
plaint.
They also presented another motion
asking Judge Farmer to compell Alfred
Cook to answer in open court that his
attorney Earl Britt stated in a previous
court proceeding, that he felt the
officers acted in good faith in arresting
him.
Cooks attorneys have instructed htm
not to answer the question. Cook is
represented by Osborne Lee. Jr. and
Karl Brit I. |
Cook'* attorney alto asked Judge
Farmer to instruct town Manager
McDuffie Cummings to answer ques
tions concerning what allegedly was
said in Arnold Locklear's office in
regard to the matter. Police Chief 1
Oxendine visited Locklear's office to ask .
his advise when Cook refused to stop ^
plowing up the disputed property.
Locklear is the senior member of
Locklear, Brooks and Jacobs law firm 1
which represents the town. Cummings j
was alvi present on personal business ^
at the time in question.
Cooks lawyers argued that Cummings '
presence abridged the lawyer- client
relationship, voiding it in this instance. ^
Also, before Judge Farmer is a ques- '
lion concerning executive sessions
which allegedly occurred concerning the
matter. Kecords reportedly show that
executive sessions were properly called
for in the matter by town officials.
Pembroke Town Councilman Bob Brew
ington reportedly has insisted in a
telephone conversation with The Robe
Mmian that the executive meetings
never occurred. He also contends that
he was not notified that the town was
counter suing Cook in the matter.
On Wednesday Judge Farmer ruled
that Cummings must answer the
questions concerning what look place in
Arnold Locklear's office, insisting that
he was acting as a private citizen, "on
personal business. not in an official
capacity."
Unless Judge Farmer throws the suit
out. it is expected to be tried some time
in early spring or summer, in I9H0.
Judge Farmer upheld the town'*
right to hold properly executed sessions
to discuss the matter but he ruled
adversely against the town that Cook
does not have to answer whether, in
fact, he did say that his attorney
thought "the police officers acted in
good faith."
Judge Farmer is the same judge who
dismissed the Terry Lockcc suit against
Highway Patrolman K.L. Davis because
of his interpretation of civil procedure
rules which say. in effect, that you
cannot sue an employee of a govern
mental unit acting in their official
capacity.
Osborne Lee. Jr. was. according to
information we were able to obtain,
Patrolman Davis' lawyer of record in
the suit dismissed by Farmer.
Farmer seemingly has ruled against
himself, if the same civil procedure
rules were to lie applied in the case of
Pembroke governmental officials now
before him.
Pembroke Elementary
Open House
Informs Parents
A "Parent* -Night Open
Houae." Monday night at
Pembroke HiemenUry School,
attended by over 800 parent*
and patron*, waa highly auc
ceaaful according to Principal
Jamea C. Dial.
The Open Hooec waa from
7-9 p.m. wild parent* free to
go to indivtdthg dauroom* to
diacuaa the Wlhuol * currtcu
lum with leaehera. Stedenla'
indivldnal wort waa en diapiay
for parent* ta aaa.
Parent a had a* opportunity
to talk with father* and ataff
to learn mere about the achool
Pointt aha Elementary i* the
largo*! aiamaninrt trhoo! in
Mtoheaun County It ha* a
rarrenf enretawni af nearly
. |l<*l atodeet* la grade* 1-7. it
alao tea foer efaaaea for
exceptional children, with one
of thcac for the gifted and
talented. Pembroke Elemen
tary ia ataffed with approxi
mately 100 profeaaional and
kupport personnel.
Because of Its proximity to
PSU, a large number of college
students serve as interns in
the school, learning and
helping with the instructional
program. This program pro
vides the prospective teacher
with less educational theory
and more real life school
esportoeee.
The new Pembroke Ele
mentary Ichool Is gearing
be ready and open far the
ItNNMH sehmd year The new
laaMty Is a 1.4 mMhm deMer
Hiim4 p|?m
Oxendine
Named
Director of
Indian
Services
??Id Owdfai
Clmpal HIU- The University of North
Carolina at Chapel Hill School of Public
Health recently named Ronald Oaen
dine of Raleigh aa director of American
Indian Recruitment Services.
Oiendinc, former counselor for the
Talent Search Program of the NC
Commission of Indian Affairs, will
coordinate and develop recruitment and
retention program activities.
"Our main objective is to recruit
American Indian students with gradu
ate level potential," Osendine said. "Of
whlie?i ww limi will wofl willi iiimmfv*
t|||| msm'i! fatfraaa nm mtid.
prwiiiivl i will ww ii wui 'hi ibiniioiivv
liw *ruluil< itnia.i "
w i' ww^se w|ieve.
Osendine aatd Km reeruttment pre
grant win provide uttmerees support
help the students theeughaat their
"We want lehetp leers ass awaronees
0
ol the health need* of American
Indiana," Oiendlne aaid. "The beat
way to do thia la to recruit people
aenaltive to and intereated in their
noeda."
Dr. Bernard Greenberg, dean of the
UNCCH School of Public Health aaid.
"The achooi ha a been concerned about
increaaing educational opportunitiea for
all minorltiea and thia recruitment
program will provide public health
traineeahipa for Native Americana.
"We are fortunate to have Mr.
Oaendine who, aa a native of North
Carolina and a member of the Lumbee
?nWf( n >n?ijy ibiriivS' wpifi vviv
Native Americana."
? B.A. to iwliy mit mntoe** to
UntveeeNjr hHfTIL HtjlMnemkerd
PP?ps p P^? PPMC^ PPP?P? P^PpppppP^^?^w^?
Aaenrlethm,
r
Brewington Assertions
Prompt Emergency
Council Meeting
Pembroke- Reacting to statements
released by Bob Brewington, Pembroke
Town Councilman, to the Rnbr simian,
appearing in Wednesday evening's
edition. Mayor Reggie Strickland called
for an emergency session of the
Pembroke Town Council late Wednes
day night.
Angry voices could be overheard in
the mostly executive session held
behind closed doors.
Brewington had asserted in the
Robesonlan that he had heard nothing
about a counter claim against Alfred
Cook, the plaintiff in the S3 million law
suit against Pembroke officials and the
town. Brewington also took issue with
statements saying that executive ses
sions had been held to discuss the
property that is the focal point of the law
suit now in litigation
After a lengthy session behind closed
doors the Pembroke Town Council
appeared in open session and Council
man Sam Dial made a motion that the
council release the following statement
to the presa:
"The Town Council of the Town of
Pembroke authorized each and every
one of the counterclaim* filed by the
Town attorneya, and verified by the
Mayor, against one Alfred W. Cook.
Such authorization occurred at duly held d
executive aeaaiona entered into by
motion, aecond, and proper vote taken
ax the official minute book reflecta."
Voting in favor of the motion were
Councilman Sam Dial. Milton Hunt and
LarryBrooks. Councilman Bob Brew
ington voted "'no," repeating earlier
axxcrtionx that "I have never heard of
the counter auit being brought againat
Alfred Cook....furthermore, 1 have
never been in executive aeaaion con
cerning any diacuaakon of a map of the
alley way in question."
Brew ington noted, after the meeting,
that the dixcuaaion concerning the map
plotting the disputed alleyway probably
wax held before he became a council
man.
Ruth Woods to be
Sworn In As Member
of Indian Commission
Recently elected from the Smith* and
Pembroke Township to the North
Carolina State Commission of Indian
Affairs, Ms. Ruth Dial Woods of
Pembroke has been notified of her
appointment by Governor James B.
Irth Did W?<?
Hunt, Jr. and will participate in
swearing in ceremonies at Pembroke
Town Hall on Saturday, October 27th,
at II o'clock in the morning. The
Honorable Reggie Strickland, Mayor of
the Town of Pembroke, will officiate at
the ceremony in the Pembroke Town
Hall.
The Ceremony has been scheduled in
conjunction with other special activities
during National Business Women's
Week, a week sponsored by the Natonal
Federatioh of Business and Professional
Women and observed by Business and
Professional Women's Clubs across the
nation. Ms. Woods is a member of the
Pembroke Business and Professional
Women's Club and has served as Club
President, Southern Area Vice- Presi
dent. Chairperson of the State Spotlight
on Women's Conference and on several
committees of the North Carolina
Federation.
Ma. Woods would like to eatend an
open invitation to all membera of the
Indian Community to attend the swear
ing In ceremony which will be the first
ceremony of its kind to be held in the
Indian community for an Indian agency
appointment. According to Ma. Woods,
"I believe that the times has come for
Indian people to recqgijize their own
strengths and abilitiea for aelf- govern
ment, and if we can continue to amaaa
our efforts socially, economically and
politically for the benefit of each other,
then we should also seek to conduct our
own activities and special observances
within our Indian communities, utilising
the offices and elected officials whom
we have entrusted our interests and
welfare as Indian people. It Is for this
espreseed reason that I have chosen la
%ch#dulc thia ctftmoty .in the ludlm
community, utilising an Indian elected
official to reader the oath of office to an
appointment which fta fnaftdiltd by lew
to provide fur meeting the needa and
eddreeeing the iaattea effecting Indian
people. I alee hope that N will serve |e
,---1, * I m t m saa I |n s||^
dtete Cbmmiegien ef Indigo Affdn end
as ao ladlan agency created and
by ind ft* Indian people ef
Milieie." rr
The Catomany wiN ho opoo to it
rsSiJs<ui>tu<ii ^^1^11*^ |mmm
#
VFW NEWS
Locklear-Lowry Memorial Poat 28
43 of Pemboke, NC held their October
meeting on Oct. IS at the Poat Home
with a delicious ham meal being served.
Fhe annual Turkey-Ham Shoot will
begin October 26 at the Post Home on
the Union Chspel Road each Friday
night until Christmas at 7:30 p.m. The
innual Veterans Day Parade will be
beld in Pembroke, NC on November 10,
1979 to begin at 11:00 a.m. with the
innual VFW Fish fry being held at the
Post Home from 11:00 a.m. until.
Membership dues for 1980 are now
>cing collected by the Post members.
\nnual dues are $15.00.
WHY BUDDY POPPY SALES?
"In (landers fields the poppies
blow..." so went the immortal words of
Col. John McCrae's poem. Little did he
realize when he penned those lines that
some day the very poppies of which he
wrote would be the true symbol of all
those who gave their lives in our
nations' wars. But that is the case
today. Annually, the Veterans of
Foreign Wars sponsors the Buddy
Poppy Sales in the Pembroke area to
raise money for needy and disabled
veterans. This is their way of
"honoring the dead by helping the
living." You. too. can pay your respects
on Memorial Day when the Buddy
Poppies will be on sale in this
community. Do year part-buy a Buddy
Poppy and wear it proudly.
Harold B. Leddoar
Post Commander
Daley Dtmery
AuaaJlary President
SADDLETREE HORSE CLUB
TO SPONSOR BARREL SHOW
The Saddletree Horse Club will
sponsor a Barrel Show on Saturday,
November 17, 1979 at 12:00 noon on the
club grounds. Interested persons are
urged to attend, # There will be no
admission charge.
DAV CHAPTER 47 TO MEET
Pembroke'* DAV Chapter 47 will
have a combination meeting and flah
supper on Monday evening, October 29,
1979 at 6:30 p.m. The event will be held
at the Locklear-Lowry VFW Pott Home
in Pembroke. All member* are urged to
attend.
BREATH OF LIFE BIKE A THON
TO BE HELD
France* Chavit, a member of the
Pembroke Jaycette*. hat been named
the chairperton of the Breath of life
Bike-A-Thon to be held on October 28,
1979 in Pembroke, according to Dr.
Loui* J. Marchetti, President, NC
Chapter. Cystic Fibrosis Foundation.
Pembroke Jaycette* will lead local
volunteers in organising the Bike-A
Thon, the proceeds of which will
support research, care and education
programs for children affected by Lung
damaging diseaaes like cystic flbroeia,
severe asthma, chronic bronchitis, re
current pneumonia and bronchitiua
Cystic Flbroeia, the moat serious
children's lung-damaging disease, Is
mil/I leasee A M
niirniru ?nu prcicniiy incurgDie. AI
facting one la every 1800 tihiirta born
In the United States, CP can eeeer when
both parents carry the CP gaaa. It Is
estimated that 10 milUoa Amerieaos era
^TheJhke^AJTme ?HR hetpjwpfwi
..
WEEKEND REYITALPLANND
AT NEW PHOADELPaUS CHURCH
New Phlladelphea Uaitad Medio
diet Church ?-r-the weekend
revival October 26-Oct. 28, 1979. The
speaker lor Priday night at 7:30p.m. wW
be the Rev. Grady Cuatmlags. Oa
Saturday night at 7:00 p.m. the lev.
Ted Brooks will speak. Sunday morning
the Rev. WUtoa Cummiaga. pastor of
New Phlladelphua United MethedlBt
Church will speak. Sunday night at 7<00
p.m. Rev. Johnnie Bullard wlHbriagthe
final message. The pastor and wmgre
gatlon extends a cordial Invltattoa to
attend.
HALLOWEEN CARNIVAL PLANNED
A Halloween Carnival will be held
at 7 p.m. October 30, 1979 at Evans
Crossing Fire Department. The carnival
is sponsored by the Adult Education
Class of Lumbee Regional Development
Association. Proceeds wtO be used to
defray costs of a trip planned for the
class.
FAYETTEVUAE NEWSPAPERS
HISTORICAL EXHIBIT TO BEATPSU
The "Many WortdllSf fHWE*'*
traveling historical eshtbtt of the
Fayetteviile Observer and Times news
papers, will be located at PSU's Mary
Livermore Library Monday and Tues
day, Oct. 29-30.
The display will feature reproductions
of news items, stories, advertisements
and front pages over the years since the
Fayetteviile Observer began publishing
in 1816. Attendants will be oa hand to
answer questions and pass out free
"World of News" shopping bags and
balloons.
FLEA MARKET PLANNED
The Saddletree Jaycettee will hold
a flea market on Saturday, Oct. 27 from
8 a.m. until 4 p.m. on 301 North. The
loqption is the 4th brick bouse on left,
past Mt. Moriah Baptist Church. There
will be bargains galore I All items after 1
p.m. will go for 10c.
Revival
Services
Planned
Revival aervicea will be held at the
Branch Street United Metbodiat Church
Sunday, Oct. 28 through Friday, Nee. 2.
Service* will be held each andi|
throughout the week at 7:30 p.m. Ouest
evangelist will be the lev. Robert L.
Man gum, paator of Proepect United
Methodiat Church. Rev. Maagum la a
former paator of Branch Street United
Methodiat Church and former dlrnatw
of Robeaon County Church and Cam*
munity Center. The paator, Simeon F.
cordial tiwltatfon to thepeblk tTanund.
e ^ ?
Pancake
?
Supper