THE CAROLINA INDIAN VOICE
WHO WILL RETURN $19,774.68 TO
1 .
PEMBROKE'S COFFERS?
The Cost for Legal Fees in the Cook Case to date
A NEWS ANALYSIS
BY BBUCEBARTON
[Editor's note: This article may contain
opinions and conjectures of the writer.]
PEMBROKE-The so-called Cook case
has become one of the most celebrated
cases in the annals of Robeson County
courtroom lore. It has now been going
on for more than 2 years and has, to
date, cost the Town of Pembroke
$19,774.68 in legal fees and the end is
not in sight. No figures have been
announced on the other side.
HERE'S THE CAST!
Alfred Cook, now a Pembroke
property owner, is sueing the Town of
Pembroke. Originally he sued the Town
for half a million dollars. Through one of
his attorneys, W. Osborne Lee, Jr.,
Cook filed the suit in Robeson County
Superior Court on Friday, July 20, 1979.
That's interesting. The supposed
incident which prompted Mr. Cook to
file his complaint occurred more than a
year earlier on May 20, 1978. Cook
claimed in his suit that he was assaulted
and falsely arrested after Pembroke
officials had trespassed upon his land.
He claimed malicious prosecution, too.
Cook is sueing the Town sf Pembroke.
Tmo.t Mc! jfPe Can -:!ngs;
ChM* at Pokcc V IT Ho i end
Harvey Ballard, a policeman at the time
and now retired from the Pembroke
Police Force.
Cook claimed that he was plowing up
land on his property (two lots located
across from Cliffs Package Store and
approximately behind Woodell's Park
and Stop Store) in downtown Pembroke.
Cook says the Pembroke officials
approached him and asked him to stop
plowing up the land in question. He
refused and demanded that the officials
get off his land. They in turn forcibly
removed Mr. Cook from his tractor, took
him to the Police Station and charged
him with damage to town property and
resisting arrest. The charges against
Cook were later administratively dis
missed by District Court Judge Craig
Ellis when no one showed up to
prosecute Cook on the assigned court
date. The tractor rolled and struck the
police car while Cook was being forcibly
removed.
The Pembroke officials contend that
Cook was plowing up land that had been
used "for long as I can remember,"
according to Pembroke residents, as an
alley way and public throughfare.
The lots in question were originally
owned by Cock's wife who has since
died.
Cook charged in his suit that Cum
mings "desired to establish a right of
way across (Cook's) land for the Town of
Pembroke and rather than proceed
through the proper civil procedures to
establish the right of way, the defen
dants caused criminal process to be
issued against (Cook)..."
The Town proper is being defended by
Dexter Breaks, whose law Arm (Lock
lear. Brocks and Jacobs) serves as town
attorney. The individual Pembroke
officials (Cummings, Oxendine and
Bullard) are being defended by Dickaon
McLean, Jr., a Lumberton attorney.
Until April 28 Cock's co-counsel was
W. Earl Britt who is now the federal
judge in the United States District Court
for the Eastern District of North
Carolina in Fayetteville.
t
Dates play an interesting part in this
celebrated case too. Questions arise.
On March 31, 1980 resident Superior
Court Judge Henry A. McKlnnon, Jr.
threw out the charges of assault and
battery and the false imprisonment
claim because the statutes of limitations
had run out in the case. The statute of
limitations ran out on May 20, 1979.
Cook's lawsuit was filed 14 months after
the alleged incident occurred.
The Town of Pembroke, in a counter
suit, has sued Alfred Cook for $100,000
for causing so-called libelous state
ments to be printed in the Robeaonlan,
the county daily newspaper. Cook's
attorney, W.O. Lee, Jr. is the attorney
of record for the Robeaonlan. explaining
to many how Cook's original complaint
appeared in the Robeaonlan on the
same day it was filed in court.
Some observers also assert that Lee
seems to have a vendetta of sorts
against the Town of Pembroke for
incidents relating to the naming of
former chief District Court Judge Sam
Britt as a special superior court judge.
Lee was reportedly considered for the
judgeship too.
Local Pembroke attorneys, including
Dexter Brooks, the attorney of record
for the Town of Pembroke, reportedly
backed Britt in the jockeying for the
superior court seat.
Lee was also by-passed recently when
W. Earl Britt, his official law associate
in the Cook case, was nominated as a
federal district court judge.
Cummlngs goes under Court order...
On October 24, 1979 a headline in the
Robeaonlan blared: "Cummings goes
under court order." In a hearing before
Judge Robert Farmer, Cummings had
been demanded to answer certain
questions surrounding a meeting that
occurred in the office of Locklear,
Brooks and Jacobs, attorneys for the
Town.
Farmer demanded that Cummings
answer questions concerning a meeting
between Police Chief Vernon Oxendine
and Arnold Locklear, a member of the
town's law firm of Locklear, Brooks and
Jacobs.
The meeting supposedly took place on
the same day die incident involving
Cook occurred; namely. May 28, 1978.
According to Farmer, Cummings was
ordered to answer the question posed
by Cook's attorneys because he was not
in Locklear's office in his official
capacity of Town Manager when
Oxendine came in for legal advice
concerning his arrest of Alfred Cook for
refusing to cease plowing up the parcel
of land in question.
A number of courtroom buffs say that
Lee ened greatly when he asked Judge
Farmer to demand that Cummings
answer his questions as to what
occurred between Oxendine and Lock
lear.
Since Judge Farmer ruled that Cum
mings must answer the questions
the ruling in itself would tend to rule out
? I J At A-A
dimming* as a piauuin in uie maucr
because Farmer said he was not acting
in his official capacity while in Lock
tear's office.
That might explain why Cummings
was not aaked the question Judge
Farmer ruled he must answer some Ave
months or mors after Farmer's ruling.
Interesting enough, as this reporter
sees It, Judge McKlmion demanded
Anally that Lee ash the question at
Cummings when some S months had
transpired since Farmer's ruling. Lee
had net asked Cummings for his
deposition althongh Judge Farmer
?ylai (ftlAl h# hg/j ilia lUvLl I dig* F# ifAflk A
s wn i SffSww^rw none H ?
Feiew W, Karl Britt as he walks
through this case. Until April 28 W.
Earl Britt served as a vigorous co
counsel in Alfred Cook's behalf. On
April 28 W. Earl Britt asked Judge
McKinnon to allow him to remove
himself from the case. Judge McKinnon
signed the order filowing Britt to drop
from the case on the same day.
On May 20 Britt was confirmed as a
federal district judge in the Eastern
District of Federal Court in a unanimous
vote by the United States Senate on the
federal judiciary committee.
Britt was the recipient of a grand and
glorious swearing in ceremony at the
Robeson County Gourt house on May 30.
1980.
On April 28. l4w Judge Henry A.
McKinnon, Jr. hutrd motions for dis
missal from Broob and McLean, the
attorneys for Pembroke and her offi
cials. W. Earl Bri4 participated in that
hearing, asking fudge McKinnon to
release him following completion of the
oral arguments, j
Brooks and Mcl san asked McKinnon
to throw out all t e remaining charges
of malicious pros icution and trespass
charges, all that i mained from Cook's
original complain. . udge McKinnon^
promised am ansv -r before the term of
civil cjurt- m stSiton at the time
concluded. Judge McKinnon did not
announce his findings until May 23,
more than 2 weeks after civil court
ended.
Questions arise. Did Judge McKinnon
conveniently wait until Judge Britt was
confirmed on May 20 before announcing
his findings on May 23, 1980? Re
member. He promised an answer before
civil court ended on May 8, 1980.
On May 23. 1980 Judge McKinnon
announced his findings. He threw out
Cook s malicious prosecution claim but
left dangling the trespass charges.
As noted earlier, dates are interesting
if one is to follow this legal scenario.
Remember? W. Earl Britt was con
firmed by the federal judiciary com
mittee of the United States Senate on
May 20, 1980. That's an interesting
date, for a couple of reasons.
On May 19, W. Osborne Lee, Jr. took
Cook's complaint against the town to
(guess where) the Eastern District
Court where (guess who is seated?). W.
Earl Britt was confirmed to sit on May
20. a day later.
And, of course. Judge Henry A.
McKinnon, Jr. did not announce his
findings until May 23, three days after
Britt was confirmed as a federal judge.
On May 19, as noted earlier, Lee took
his complaint to federal court where his
former co-counsel now sits. He did not
tell anyone, as we have been able to
unravel this case, including Judge
McKinnon and the town's attorneys.
Brooks and McLean. They met in Judge
McKinnon's court to review his find
ings. Lee evidently said nothing to
anyone, including Judge McKinnon,
even though he had filed his lawsuit in
federal court 4 davs earlier. Interesting.
As a matter of fact, Lee caught
everyone with their legal britches down
because his action seems to have caught
the town's attorneys by complete
I
surprise. They read about it like
everyone else on June 3. 1980 in the
Robesonian where, incidentally, Lee is
the attorney of record.
After the story appeared in the
Robesonian, U.S. attorneys served
warrants on parties involved the next
day. Interesting.
In the federal action, Lee in behalf of
his client, Alfred Cook, asks for SI.56
million claiming that his client's civil
rights have been abridged; not under
the '64 civil rights act but the 1871 civil
rights act. Interesting.
Cook claims his rights were abridged
under the 4th, 5th and 14th amendment
to the constitution. Cook claims the
action of the town officials deprive him
of his right to resist unreasonable
searches and seizure and his right of
freedom from arrest except for probable
cause as guaranteed under the 4th and
14th amendment and his right not to be
deprived of life, liberty or property
without due process of law under the
5th and 14th amendment.
The town and officials deny all
allegations contending that they ope
rated in good faith as officials and
agents for the Town of Pembroke. The
town claims in general governmental
immunity.
The town's attorney, in turn, have
counter sued for $110,000. The town
says there is now a claim still pending in
state court, namely the charges of
trespass that is left from Cook's original
suit.
The complex case leaves one mostly
with unanswered questions. Strong
personalities are involved, including
Osborne Lee, Jr., Dexter Brooks and
the other particulars in the case.
Some of the unresolved questions are:
Is the court action frivolous on O.
Osborne Lee, Jr.'s part?
Did Judge McKinnon hold up his
ruling until May 23 until Britt was
confirmed as a federal judge on May
20?
Is it ethical for Osborne Lee, Jr. to file
a suit in the federal district where his
former co-counsel will sit? Lee filed his
federal suit on May 19; Britt was
confirmed on May 20; Judge McKinnon
issued his findings in the case on May
23? Are the dates coincidental? Or is
there legal rhyme and reason to it?
Who should pay the citizens of
Pembroke the $19,774.68 that has been
spent defending itself against Cook's
case?
The case is hard to pin down because
the last hearing before Judge McKin
non was not recorded although the one
before Judge Farmer was. Why?
The citizens of Pembroke might wind
up being the real losers. It has cost
them $19,774.68 to plead "not guilty"
so far.
GOSPEL SINGING
?
DAV Post of Pembroke will
sponsor a gospel sing at the VA
Hospital in Fayetteville. Singers will be
the Scott Sisters and a Choir from the
Hestertown Church of God.
Christopher Hunt ordained at
Island Grove Baptist Church
Christopher Lynn Hunt was ordained
into the Gospel Ministry on Sunday,
August 3, 1980 at Island Grove Baptist
Church.
Rev. Hunt was ordained by special
request by the Bethlehem Baptist
Church in Louisville, Kentucky where
he is a student at the Southeastern
Baptist Seminary. Both he and his wife
are members of Bethelehem Baptist and
both sing in the church choir. Hev. Hunt
serves as a Sunday school teacher there.
He is married to the former Teresa
Cummings, daughter of Rev. and Mrs.
C.M. Cummings. He is the son of Mr.
and Mrs. James Leon Hunt, Sr. and the
grandson of Mr. Troy Roberts, ail of
Pembroke.
The ordination service was held during
the regular worship hour at Island
Grove. Rev. Tony Brewington, director
of the Bear Swamp Baptist Association,
delivered the message. Mr. Delton
Locklear, Deacon of Harper's Ferry
Baptist delivered the charge to the
church with certain responsibilities they
have for the young minister. Rev. C.M.
Cummings, pastor of Island Grove
Church, made the Charge to the
candidate as he began his calling into
the Ministry. Rev. Harvey Brewington
spoke of the candidate's performance
before the examination board of the
Back Swamp Association. This is a
review any candidate seeking ordination
must do and pass successfully. Rev.
Brewington spoke highly of Rev. Hunt
and added that his review was "very
satisfactory."
The ordination was held in conjunction
with "Founder's day" celebration at
Island Grove Baptist Church. This
theme was depicted by many of the
men's attire in the congregation. They
wore overalls as the founding fathers of
the church most likely wore. After the
ordination ceremony. Rev. and Mrs.
Hunt received the congregation and
everyone were invited for dinner and
fellowship at the Church.
Members of Rev. Hunt's family
present for his ordination were his
mother, Mrs. Christine Roberts Hunt,
three of his five brothers, Eric, Jim and
his wife Marcia, and Terry Hunt.
Mwva akava, Ml la (MM* mm lav.
CM. Caiga^jyagimi flaaaa
Ih^i *
(PiMto fry Jim Hmmi
^ . __ ... . _ '
PEOPLE Wi
AND PLACES 1
AND THINGS I
SADDLETREE JATCLlltS ?
WEATHER1ZATI0N AND
ENERGY WORKSHOP
I he Saddletree Jaycettes will conduct
a Weatherization and Energy Workshop
on August 21, at 7:30 at the Saddletree
Jaycee Community Clubhouse. The
workshop will be assisted by John S.
O'Briant, Director of Member Services
of Lumbee River Electric Membership
corporation. He ana snotner memocr or
L.R.E.M.C. will be showing film scripts
and answering questions on conserving
energy. This is one of the on
going projects the Saddletree Jaycettes
are conducting to assist the community.
GOSPELS SINGING PLANNED
A gospel singing will be held at
Prospect United Methodist Church,
Route 3, Maxton, on August 17 at 8
p.m. Harold Jacobs, music director, sad
the congregation invite the public to
attend and participate.
Election to
choose new
Board Member
The General Community Program
ming Project of Lumbee Regional
Development Association will be con
ducting a community meeting. The
purpose of this meeting will be to
receive nominations to serve on the
LRDA Board of Directors for (1) year.
The LRDA Board is the policy decision
unit of LRDA. Once the. nominations
have been completed, the community
persons present will then elect, by
voting, their representative to serve en
this Board: pending review and approv
al or Tl* existing ?*??. ~ v ?r- A*
The meeting will be held August 18,
1980 at 8 p.m. at the LRDA Annex to
elect a representative for District VI
composed of Pembroke, Smiths and
Union Townships. Curt Locklear is
currently serving in that position.
In order for you as community
persons to participate in this important
meeting, you must live in that particular
designated area, be 18 years or older,
and be Indian before you can vote.
FALL
SEMESTER
BEGINS
Pembroke -The fall semester 1980-81
academic year at PSU begins the week
of August 24-29.
Dormitories will be open for freshmen
at 1 p.m. on Sunday. August 24, when
the first segments of the student body of
some 2.000 report to the campus.
On both Monday and Tuesday, August
25-26, freshman orientation will be
held. Dormitories for upperclassmen
willbe open on Tuesday, August 26, at 8
p.m.
Registration for Continuing Education
Division (CED) students will
be held at 6 p.m. Tuesday, August 26,
in Sampson Hall Administration Buil
ding.
On Wednesday, August 27. registra
tion for all regular daytime students will
begin at 8 a.m. in the Jones Health and
Physical Education Center.
Classes-for regular daytime students
for the fall semester start at 8 a.m. on
Thursday, August 28.
Registration for graduate students is
scheduled at 6:30 p.m. Thursday,
August 28, in the Education Center, and
their first classes will be held that
evening.
Non Vote On
One School System
Only three spectators turned out for
the Robeson County Board of Education
meeting on Tuesday. Among the
standard items on the agenda was a
request by Ronald Hammonds. Saddle
tree Board member, relative to the
board's position on merging the five
school systems in the county.
Prior to Hammonds' item on the
agenda, the board went into executive
session for personnel matters. Upon
returning, Supt. Purnell Swett stated
that Mr. Hammonds had requested to
place the item of merger on the agenda.
He further stated that he felt that the
board had stated their position on two
different occasions. One when they
denied Parkton High's move into the St.
Pauls System. And again, he said,
"When I was directed by this board to
write letvers to the other systems and
offer to meet with them about merging
with us." Swett said he felt that the
board's position had been stated
sufficiently.
Following Swett's comments, Ham
monds offered the following motion: "I
move that the Robeson County Board of
Education ask the four city school
districts to meet for the purpose of
discussing merger in order to have a
unitary sck dI system in Robeson
County, with the understanding that we
are not asking the city system to join ns,
but, all five systems join together."
In copies of his motion he passed to
board members, he went a step further
and footnoted what unitary meant.
The motion died immediately for lack
of a second.
J.R. Musslewhite commented briefly
on the rural farm areas in the county.
He stated that the tobacco crops were
late and residents would not be finished
with their crop by school opening. He
then moved that the board delay the
opening of school until after Labor Day.
The motion was seconded by E.B.
Morton. After some discussion, the
motion was defeated.
In other matters the board approved 32
contracts; approved a. policy for
free and reduced lunches and milk for
the 1980-61 school year, set general foes
of S3 for elementary students and 64 for
high school students; and accepted the
recommendation of the committee
relative to the re- assignment ?f
students.
? ? I
INDIAN
HERITAGE
WEEK IN
NORTH
CAROLINA
nohim owot* ocMMHONGMta^ mm
mxnnM?vNC9i Srim-am
Indian Heritafe Week in North Carolina has been proclaimed for
Sept. 20-26, 1980, by Gov. James B. Hunt, Jr. The week was set aaide
to proclaim and reverence the more than 10,000-year history of North
Carolina Indians, who today comprise the larfest Native American
population of any state east of the Mlssiaaippi. The N.C. Commission
of Indian Affairs, the only state fovernment agency whoee specific v J
responsibility is to meet the needs of the state's Indians, is coordinating
the varied activities of Indian Heritafe Week in North Carolina.
ImMm H*rita#? Wok la North CmoHm
9m 20-26.1 MO
... - ~ _??