Newspapers / Greensboro Daily News (Greensboro, … / Dec. 12, 1922, edition 1 / Page 12
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12 GREENSBORO DAILY NEWS, TUESDAY, DECEMBER 12, 1923 The Hand of Mercy Asked To Be Served To Sherman Clapp Superior Court Teems Over With Interest When Counsel For Sherman Clapp Asks That Scale Of Mercy Outbalance Scale Of Justice Sentence Not Yet Meted Out. Criticism on the on hand and firttse on th other (or the city po lio fore, referred to aa the army of protection; the tormina" o( a mental picture of a Greensboro horn ladea with grtef; th possible non visit of Santa Claus In that home this month; the separation from wit and child and a father whole sick; a law violation by a man of low mentality: ; a misdemeanor actuated by envy and malice; an instance of wbera duty "scored over friendship; th utter ance of words of sympathy and . pathos; the many pleas to right a wrons;; a scale with Justice on the ne side and mercy on the other and a masterful address on boyhood and girlhood were brought out In Su perior court yesterday afternoon when Sherman Clapp, who was sen tenced i in municipal court to 18 months on th county roads for malicious destruction of real prop erty nnd who appealed from that decision, waa arraigned before Judge W. F. Harding. As the result of the dynamiting of th gas tank of th Davie Street Auto Exchange, Sherman Clapp, de aplte the earnest appeal tor , mercy by Ma counsel. Is bow confined In th county Jail. But just how long he will remain there depends upon Judge Harding, who stated that he would think over th case for a day or two befor announcing sentence. Clapp pleaded guilty to the charge fgalnst him. He will be given a jail sentence. That fact was made evi dent by Judg Harding who said, "It was God's providence that no one was killed.' The fight for leniency on th Be.'! delay fighting constipation with BRAN that is ALL BRAN! mr-WMtipation flashes itS'wTlISo' flavovwbich adds so much to any nak-of -sickness into your eyes and cheeks; into your breath, your brain and your appetite, it is absolutely neeea- sary that yon head it on I 10x10 poi soning stands close) by; Bright 'a dis ease and other dangerous diseases wait their torn! - ' The remedy that nature offers is the simplest and most effestrrs Kellogg ' - Bran, cooked and krumbled, which is ALL BRAN I And it is ALL BRAN I It is ALL BRAN you need when yon start to fight constipation. Ton can t afford to delay a minute and you can t afford to use half-way measures with ; foods that contain a percentage of .bras I Toot physician will recom mend KeUoRg's Bran- because it is sot only effective, but because it is delicious. Why yon yiU like its nut- food with which it is served. B certain to eat Kellogg 'a Bran regularly at least two tablespoonfuls daily; in chronic eases with each meal. Results will prove astounding. Re member that Kellogg 'a Bras is na ture's own regulator, which operates in nature's way which is the best wajl Eat Kellogg 'a Bran as a cereal, sprinkled on other hot or cold cereals, or make it np into the best of muffins, pancakes, raisin bread, cookies, maca roon. Kellogg recipes are printed on each package. Let the childrtn eat Kellogg ' Bran. It is wonderfully beneficial. It will improve their health just as it will really and truly make over mem and women. The value of Kellogg a Bran cannot be overesti mated. Bold ufreftaUy by grocers. JWADAME ROSELIEA PALMIST and CLAIRVOYANT Telia ypa when and whom yon will marry and how to win th man or woman yon lot. Re unites th separated, cause speedy aad happy marriage with the one of yoar choice. 8he ?:lve rou th fall secret of how to control, aaclnat and charm th on yon love. No matter what trouble you may have with your self and others, she will help you. Why be un lucky, unloved r Leans how to control event of life. Tour entire life is revealed by this gift ed woman. srsafaetJss Sesarutseel as Fih.es 302 V4 South Elm Street OppssW Wsrswsl Theater. . as. a awn i .. MOTHER ! MOVE CHILD'S BOILS "California Fig Syrup" is Child's Best Laxative 5 part of Clapp .started shortly after I o'clock and as the light of day was welcoming th darkness of night, the ray of hop that Clapp clung to waa changed Into a alightly blaok cloud as Judg Harding announced that he believed th crime was actuated by nvy and malic. While th courtroom was crowd ed a hand of mercy waa thrown out In behalf of Clapp. On on aid were those who believed that punishment should b mated out to him. On the other side were those who saw th silver lining. But th hardest task of all was befor Judg W. F, Hard ing. Th defendant Wiad t pleaded guilty but th case was so extraordi nary that th legal mind of Judg Harding could not determine the punishment without due considera tion. And hones Judg Harding la pondering as to what fat will be meted to Sherman Clapp. ' Cltlsena. moat Influential and prominent In bustnees circles ' ot Greensboro, appeared on the witnees sued and testified to th splendid character ot th defendant They stat ed that they had known him to a period varying from (.and 11 years and remarked that h ha been at tending Sunday .. school slno his violation of the law. The fscts leading up to th ar rest of Sherman Clapp, who con ceived th Idea of dynamiting th gas tank ot his competitor on Davie street, th Devi Street Auto Ex change, are wall known to Green borlans Clapp'a partner In the destrut tion of th tank.. Nathan Williams, negro, was convicted In municipal court and Is new serving a sentence of It months on th county roads. It will be recalled that th gas war started as a result of th Davie Street Auto Exchange' selling gaso line at a cheaper .pries than Shier- man Clapp. The latter, angered be cause hla competitor was making mor nalea, conceived th idea of blowing th tank to smithereens. As an accomplice, he secured Nathan Williams, negro, to do th work and paid him th sum of It for this service, Clapp told Policeman R, D. Hay worth of his intention to hav th tank blown up and thla officer re ported to hi superior his con versation with Clapp. Aa a result Of ficer Hayworth was ordered to keep a rloee watch on Clapp, Th defend ant told the officer the night that the tank was to be dynamited, saying that It would occur between II and 1 o'clock. Taking this tip. officer Hayworth notified the, other mem bers ot th fore and th local po lice department. It was testified yes terday, were then preparing to go to the Davie street section and pre vent the incident, b ut they got there just after the explosion occurred. Officer Hayworth testified on the stand yesterday that he did not urge Clapp to dynamite the tank but waa merely keeping in close wstch of Clapp'a actions under the order of his superior officers. Clapp had numerous talks with Hayworth and each time the latter reported the conversation to his "higher-ups. In cross-examination officer Hayworth stood up under the volley ot ques tions fired at him. It did not take long for th state to present Its case, which was woven chiefly around th testimony of th Greensboro police department and J. T. Wttherspoon. proprietor of th Davie Street Auto Exchange. Coun sel for th defense introduced char acter witnesses, chief among them being C H. Ireland. C. W. Edwards. E. J. Stafford, U D. HendenhaP. M. H. Pinnlx and W. O. Newell. Following the presentation of all testimony the climax of the after noon' session was reached when counsel for both sides addressed the judge, th state asking for Justice and th defense for mercy. Repre senting th former was Solicitor J. C. Bowers who was assisted by R. C. Strudwlck. Counsel for the de fense were E. D. Broadhtrrst, C1II ford Frailer and Soencer B. Adams. Judg Adams criticised th police department and aald that If they had arrested Clapp before th dynamit ing had occurred th defend ant would now probably be with hla sick father, with his wife and cniid. Hurry Mother! A teaspoonful of California Fig Syrup" now will thoroughly clean the little bowels and In a few hours you have a well, playful child again. Even It cross, feverish, bilious, constipated or ..lull of cold, children love Its "fruity" taste, and mothers can rest asy be cause It never fails to work all the louring food and nasty bile right cut of the stomach and bowels without griping or upsetting the child. Tell your druggist won want only the genuine California Fig 8yrup which haa directions tor babies end children of all agea printed on bottle. Mother, you must say "California." Refuse any Imitation. Chrysanthemums . AO Cslsrs All rrtee Summit Are. Greenhouses Percy, swat bssssbH Avesws Pane a - SATAN'S EMPIRE FALLING "millions now living will never die" Judge Rutherford SATAN'S wicked influence has long been felt in every, part of the world. Together with his associate devils he incites people to hatred, strife, murder, and induces war and anarchy, wrecking homes and driving millions to. in sanity and suicide. Satan caused the fall of man, and established his EMPIRE. His wicked influence has over-reached the denominational churches, causing many clergymen to forsake God and unite with profiteers and politicians to control mankind. But the end is here and his empire is FALLING; and Christ, the rightful king, though in visible, is beginning to reign. Hence the distress of nations; of which Jesus spoke. These troubles will soon . reach a climax and disappear, followed quickly by peace and prosperity, as Jesus assumes control. you are interested in Bible study and the fulfillment of prophecy, you should hear the lecture by C. C. Barnhart of High Point, Neese's Hall Tonight at 8 P. M. ' Judge Rutherford's new book, "Can the Living Talk With the Dead?" ex plaining the fallacy of the so-called communication with the dead, being a complete answer to Spiritism, sent on receipt of 25 cents in stamps. The Golden Age New Bureau, Greensboro, N. C Assstees International Bible gtndeata association. Organised r th late gents Free) ' fasts Russell. J edge Ratherford, New York City Bar, President. Ufa Cellectles He netted In outline form what Clapp told th polio about hla In tentions to blow up th gaa tank of ths Ual Street Auo Kxchange. He remarked. "Otflcr Hayworth was told of th plana and thla officer told hi superiors who urged him to humor Clapp along. That may be the duty of th polio uf fleer but I don't believe It, Instead of arresting Clapp before the damage waa don they encouraged htm by their re maining allent" II then cited an example, asking If th polio upon seeing an automobile driver speed ing along th streets would arrest th driver or wait until a manslaughter charge could be brought agalnat him. Solicitor Bowers then appealed to th Judg asking that th defendant be punished to th severity of th law. He atated that th defendant conceived th Idea of dynamiting th tank aa far back aa July. Continuing, he remarked. "In my opinion th po lio officers acted honestly and to th best interest st the people. ' ! think that tljls attack against th of ficers Is uncalled for. Officer -Hayworth reported what happened to hi superior officers and they instruct ed htm to keep watch. Thla h did. Th defendant la guilty and it la only a mlracl that someone wasnt killed. Members of ths. fir 'depart ment.' sleeping on- their cots In th building adjoining ths Davis Street Auto Exchang were Jarred out of their cots." ' , .: . Then another strenuous appeal for mercy waa given In behalf ot the de fendant Clifford rraaier said. "This defendant la a man of low mentality. Th only thing h knows Is to' drive horseshoes and he goea about It In a humble way. Th gs war broke out and th dynamiting of the tank came as a result." Then .Mr. Frai ler tstated that Judg CoUlns was a close friend of Sherman Clapp and that Judge Collins would recommend a lighter punishment than- that In flicted by him." When thia defendant came befor Judg Collins he hsd a difficult task In that th defendant waa a- good friend of hla, Th Judg was true to his duty In service to th people but ', becauss h was a friend of Clappa, he gav him a sever penalty a penalty that , might not hav bean meted out had he not known the defendant as well," con tinued Mr Prasier, And than Mr. Fraster struck th pathetlo not when he mentioned that a jail sentence on the defendant might reault In th absence of Santa Claus from hie horn. This atatamsnt brought an outburst ot tear from Clapp. ' ". ' But th climax t th aeries of ap peals for mercy came from the lips of R D. Broadhurst, who spok for th freedom of Clapp and also for Nathan Williams, negro, now serving sentence on th county roads. He appealed to Judge Harding to right a wrong, occasioned, he said, by th treading along th wrong path by th police. In hi appeal he said In part, "I a'm sorry th policemen didn't have the vision to get the man out of trouble Instead of encourag ing him. Officer Hayworth did every thing but hla duty he took the wrong 'trick. , Then Mr. Broadhurst want Into a lengthy talk and asked whether It waa th duty f th officers to humor the man or protect him. He talked of boyhood and girlhood and said that th polic officers should put the protecting arm about them. He stated that the police should have tried to keep Sherman Clapp out of trouble Instead of hvalng a mlseoa saptlon of Ideas aa to ths proper course to take. "''( Continuing, h remarked. "If your Honor Is light with thla man. I'd like to be the first to sign a petition to get Nathan William off th coun ty made. What la to be gained by punishing thia defendant? Th police got started wrong, new let's right all this. I think I see something to salvage In thla man and I ask you to salvage him. I'm aaklng for the two. Sherman Clapp and Nathan William a. Ton are the only one who can aettle this wrong. This mis demeanor should havs been stopped by law." Judge Strudwlck. s'tated that the policemen did in an Intelligent and Justifiable manner discharge their duties. He stated that the polio were preparing to go to the scene and prevent the crime but It came off sooner than waa expected. Everything In the courtroom then became quiet The case was placed In the hands of Judge W, F, Harding. And Judg Harding waa perplexed about th entire matter. There were pussling things connected with th ntlre affair. He aald. 'This Is the most extraordinary case I hav aver heard In my life. This defendant told the police what he Intended to do. To me It looks ss If he wss giving them the finest opportunity to pre vent crime. Judge Herding then reviewed the' case saying that "it was God's prov idence that there was no one killed." Continuing, he remarked. This de fendant notified .the police In July what happened In September. What I can't understand Is why Mr, Wither spoon was two and a half mllea away from hla building when he knew that It was going to be dynamited. If I knew that my home was to be dyna mited I'd be aura to be there. Th actions in this case show that there was communication between th army of th invasion, th defendant, and the army of protection,, the police de partment. I don't believe the polio got th right conception of th case. Judge Harding then went into de tail and defined th duties of officers remarking that th highest duty of any officer In whose hands la placed th administration of Justice la not to make arrests but to keep people from doing wrong. Thn he continued "Thla defendant waa mad with his competitor for selling more gas. He had wrong thing in his mind and he went over there and blew up th tank. Take th cas of a man brought into court for gambling or having whisky. What respect will that man hav for this court, for ordinary so- clety, if he has to serve a sentence and thia defendant does not. I be lieve that his crime was actuated by sentence him to Jail. I don't know for how. long. I will think It over for a day or two. The defendant Is In your custody, sheriff." And thus Sherman Clapp was tak en to a cell in? the Guilford county Jalt But befor this term of court is o'er he'll again be brought Into the courtroom when sentenoe will tea meted out to. him. I THE COURTTO REPLY Charge Made That Rees's Five Cent Cigar la Too Much ' . Like El-Rees-So. ASK RESTRAINING ORDER Are ths names of th two brand of clgara, both manufactured ; In Oreehaboro, th Kl-Kes-So and Bess's Ftv Cent cigar, so similar thst purchasers of cigar buying th on may ttflnk they are buying the otherT The El-Rees-So . company. . well known through the smoking world of th South Atlantio States and else where, says in effect that there Is too great similarity. Th Rees MltchsU Cigar company,, manufac turers of Reee's fiv cent cigar, con trary minded, denle th contention and maintain hat any man wanting a cigar would never be confused be tween th El-Rees-So and - Rees's Bvs cent ctgar. , Ths question will be answered by the courts, probably by Judge W. F. Harding. . ' ' ,. v The complaint of the El-Rees-80 Cigar company, aaklng tor a perma nent restraining . order, haa been prepared by the ' attorneys, K. D. Broadhurst and F. r, Hopgood, Jr.. and la scheduled to be filed this morning. The defendants in the action have been furnished with a copy of th complaint and notice ot the notion has been given. In the complaint th plaintiffs, th El-Ree-f3o Cigar: company, pray that the "defendants and each of them-and their agents, servants and representatives be perpetually re- strained and enjoined from using In connection with manufacture, offer ing for. sale or sale of cigars the word Haes's' or any other wotd or name to whloh the word 'Rees forms a part, and further, from doing any act or thing or using any word or name, printed matter, package, de vice, artlflc or contrlvanc calcu lated to induce the belief that de fendants' cigar are plaintiffs; and that all labels, signs, packages, prints, wrappers and receptaclea in possession of the defendants bearing the word 'Reea or the word 'Rees's' or any colorable Imitation ot plain tiff's registered trade mark bp de livered up and destroyed." It la further prayed that pending th final determination the delend- snts be restrained and enjoined from the use of the name. The case, one ot the most ' unusual ever started In - Greensboro, grows out of the career ot John T. Reea, well known citisen of the city. Colonel Rees is named as one of the defendants In th action, the others 'being Ethel M. Rees and W, & Mitchell, ' partners trsding under the style and Ann name of JUes Mltchell Cigar company. The El-Rees-So Cigar company was formerly largely directed by John T. Rees, and Its product, the Et-Rees3o clgary became well known throughout the trade. The nam waa registered July , 116. aa a trad mark In th patent office and la atlll Ini force, the application being signed by John T. Rees, presi dent. As such the cigar was widely sold and gained a name that Is said to be of large' value. Reoently JobnT. Rees sold his in terests In th El-Reea-80 Cigar com pany and in October, 1122, organ lied a new company, the Rees Mitchell Cigar company, which Is manufacturing a cigar called Bees'j live cent cigar. In so tdoing. it Is charged by the plaintiffs, the defend ants used the name Reea unfairly. Specifically, the defendants are charged with acting as follows: " with Intent to take advantage to infringe upon the plaintiff's rights snd trade unfairly, began to put upon the market. oertaln clgara manufactured by ' them and applied thereto as the name thereof 'Rees's cigar,' putting up the same In boxes similar In appearance to box used by plaintiff that the name or label so used by the de fendants Is a colorable Imitation of plaintiff's said trade mark; that the urn thereof as aforesaid by defend ants' constitutes unfair competition and trad with plaintiff and la calcu lated to deceive the publlo and. pass off defendant's product, as and for he product of the plaintiff and was so designed . Colonel Rees said that the name Rees' Ave cent cigar was registered with the Tobacco Merchants' Asso ciation October t. He contends thst there I wide difference betweon th names of th two brands and that he has the right to use his name for thia purpose, A tank for draining gasoline from an automobile when repairs are to be made has been equipped with a pump and hose for returning the fuel. All for $1 1 Sptcitl CkrulmMi Oftr: 1 dosen five-cent package! Little Sun-Maid Raisini Jl.20 worth -aU for $t. ; .- - . " Mats two dorta kiediea hippy with loan. Stick them is the stock ins. Let the little people band . thess to Uttte, Meads a Ctuiit . mas gilts, , , j r LoKioua, healthful Christens sweet-' 'meats, both good and QOOD FOR . THEM. ,. . .. ' 0t tbem nowhi a cardboard ' carton 14 all lor $1 at any store. Little Sun -Maids "ChrithMt Raisins" " 5 Ivttywhere . :; ' j t Had Tear Iron Today I r QUICK RELIEF FROM NERVOUS HEADACHE '. INSURANCE ; Automobile, Fire, Life, Accident, Health, Bond. , Fielding L Fry and Company IT w s 1-v.V I I wi as irsft-ssnsj a J ja. w vjay js Jhri iiirw-r ar TAVT a Mn WHERE QUALITY IS HIGH BUT PRICES ARE LOW , So you wear start th day 1th nerve tense, head throb bing, your whole tram taut and "on edgef 7 y (....-..., 1 Pur aspirin alon. you may "ear to tak because It gives Rou heartburn but gear It na nrer. . '. ,. 41 TINOUfS LAXO ASPIRIN, the new perfected aspirin, zoom bines ths wonderful pain com- (bating powers ot genuine as pirin with a dlgastant added to prevent this after-discomfort. It laxatlv q nail tie further fcenellt th general ayetem.'en blrng ths body to throw off th toxins or .poisonous wastes, which when pent up Is th ays Item are th cause of headaches : sutd pain. . s . . No aspirin oa th market caa so readily attack the pala at - nervous, head aches. Be sure whea you; ask for aspirin to ask for TIN. ours Laxo AHPinrv th. rtftfu3. "aPlr!" with ..... th tar. points: It Warned easily It relieves sata ejwlekdy Ira a 'geatl laxarjv TINGLE'S LAXO ASPIRItf 'Ask your druggist for ths Three Point Box." Thraputl kaaroh La bora to lies, , Wash Wgtoa, S. & 5 ?: 1 - '... . ., ... -IJ.- V nere you can geieei toys lor ins cnuaren irom a wwo variety , tm at very ifodest prices. The regular prices represented great M values but our liberal discounts make your dollars go from n jf fourth to a half farther than elseVhere. Every Toy must be j St sold before we move into our new shop. Th prices nave been M . 11 reduced to such low figures that your savings will be great. . fa Ives Electric Trains ' J And the American Flyer, only a few of these sets left in stock. Will close them out at " - si Half Price . g , Gilbert Toy-- ' Displayed in many attractive Rets any of which will bring joy to ,. j thechildren. ' W Electrical Sets Weather Sets' t Sound Sets ' Phone Sets Light Sett fi K All Gilbert Toys Offered At J Seventy-Five Per Cent Off Union Ball Bearing Skates in the regular $2.60 quality Special frice VI T j S4 $l.Bi .. . i ' " ' " n Wheel Toys and Coaster Wagons sr Complete line of VELOCIPEDES, HAND CARS. DOLL CAR- !J RIAGES, KIDDIE KARS, and every kind of health building Toy V at . . . sa '- . 1 eve y-v ww 1 r rr .- " - , une-r ourtn io, vne-nair xtn Use News Want Ads for Best Result! Williams is Not Ruled Off The Local High School Quint Knot Williams, member of the high school football team during the season Just closed, and captain of this veer's Greensboro high school quint, stepped Into the sport sanctum of this office and informed th gen eral thumper of a gracious type writer that h has not been ruled off th varsity quint for failure to make hi scholastic grades, as was men tloned in th account of a basket ball gam In Sunday morning's edl tion. - i Williams will., oaptaln the bas keteers and will probably get Into the lineup in the next game. Around Mtchlmw MfcES PA20 tHNTMKrfT instantly Be lieve ITCHING PILES and you can get testfuj sleep after the first application, AH druggists are authorized to refund money if PAZO OINT MENT fails to Ours any case of rTCHING, BUND, BLEEDING or PRGTKUWNG PILES. Cures otdkgrr cases in ( days, the wont cases in 14 days. 68c, . Dn BELL'S mm Th slightest cold may dsrslop lata pippe infloansaj' lie pre tested at the tint sniess begin tsMes Da Seals. This geed eld elaM SBO-tar-heaer eyrap qnlehlr eteoe I pfMeet eeeghe, an seee l soseeehv eeld. Pleeaest, karav si an What Will You Give the Men? A, Few Suggestion ' ' Motorobea , Motometers Spotlights ' Spare Tire Repair Kit Ash Receiver ' Hansen Glove Step Plate Tire Chain Radiator Ornaments Tou can send a man a box of cigars, a necktie or even a postal card for Christmas and you have., remembered him, but you fail to arouse that boyish enthusiasm in him. Even dignified busi ness men can be made boys again at Christmas-, time, if the gift is correct. Give a man something useful around his car and you have touched the soft spot of his heart you'll make him as happy as a youngster with his bicycle. If you don't think this is true, try it this Christ mas. Pick Tjut something from the list here with and call on us or phone for prices, de livery, etc. Greensboro Motor Car Co. The Motorist? Department Store 315 W. Market Phone 2500 v Before You Forget It 3? JOIN TODAYS (ft Our 1923 u Join the Best Club on Earth "AM El A. B, T. Ce. Christ Savings Clnb, punpnEi To ssvs ascaey fot 1 Christmas. - nitssm A tew yeamlea each week. I F.MBL.EMt A. JB. T. Ce. Pass ' ' hook. PASS-WORD! gelf-Assamse. MF.KTTNGi Weekly. CLI'B HOCSBi Senihern Life Tins BnlUuBg. Savings Club Plans arranged 'to suit every purse, every need. Small amounts, that you'll never miss in the weekly installments, mount up to a sum that will make next Christmas a happier season be cause YOU'LL HAVE THE MONEY! ' . 1 I J- ATLANTIC BANK . . AND TRUST COMPANY X " i of CPiuI -$1,200,000.00 GREENSBORO " HIGH POINT Surplu., BURLINGTON Profits . .$500,000.00 5 1 his the strength of th team Is ex pected to b built., 1 N
Greensboro Daily News (Greensboro, N.C.)
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Dec. 12, 1922, edition 1
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