^gSgfs PUBLISHED EACH THURSDAY {=j THE CAROLINA INDIAN VOICE fg hAMliS'sX^" VOLUME 7, NUMBER 44 PEMBROKE, N.C. THURSDAY, OCTOBER 25, 1979 ROBESON COUNTY 20# PW COPY *?? - 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

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