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v 1 TboDIadPrcsw Our Freedom Depends -'ifla'--1 !--vAii' .'."; i'- f.i ; On If! rcrcfc ofVlcJca The nearer ou come info relation with a person, the mora' necessary do tact and courtesy become, Olirer WindtlJ Helmtt VOLUME 55 - NUMBER 40 . "READ BY OVER 30,000 DURHAMITES" DURHAM; NORTH CAROLINA SATURDAY. OCTOBER 8, 1977 TELEPHONE 919 tC3-CG37 PRICE: 2J L-.il 'X, , tl: n Jo po mot LTU UUJ :: ;.r."r-' -M" i.'f rV. .U .. -. - ."A' ' ' ', f .....; - - , .... .-.I.,.,' , ....... . J - -.......' : f : , . - r. ' -u- w , - . ' - tfeCiSa fill: 'ort Tivo Dfocfis fJorder of SMITHFIELD-Efforts arc underway to move the state's first death penalty trial from Johnston County, according to defense attorneys and the 14th District district attorney On trial are two black men David Ezra Stewart, 29, and Henry Smith, 25, both of Benson. The two are charged with the June 2 murder of two white men, Dennis Wil bert Allen, a rookie Four Oaks policeman, and Lin wood "Big Boy" Johnson, a long distance truck driver from Benson. Defense attorneys Charles Becton, representing Henry Smith and Jerry Paul, repre senting David Stewart, have filed motions to remove the trial from Johnston County because pre-trial publicity, they assert, would not allow their clients to get a fair trial. 5 Arguments by both attor- , neys and state's attorney Russoll Hay Bo Vbston-Sclon's First Dbck Mayor WINSTON-SALEM (CC NS)-Black Alderman Carl Russell placed first in the city's . Democratic . primary . and may become Winston .' Salem's first black: mayor, ; " In results tallied last Tues day night, Russell emerged as the front runner 'in a four way contest fotthe Democra tic nomination 62 votes ahead of Wayne Corpening, a senior, vice-president of Wa chovia Bank. Those two will meet in a runoff October-18 to determine which one will challenge Republican Henry Lauerman in the November general election. November's winner will succeed Winston Salem's present mayor Frank lin R. Shirley, who chose Continued On Page 11 Fuff Program Penalty Trial For N.C. fJMCP Confab CHARLOTTE - Delegates to the 34th annual Conven tion of the North Carolina NAACP will come to Kinston from more than ninety branches across the state and will begin arriving on Thursday, October 13 at The Holiday Inn of Kinston, which is the Convention Headquarters. Milton Dove, president of the Lenoir County Branch of the NAACP which is hosting the convention said, "The area NAACP Branches will have an opportunity to meet, see and hear the largest num ber of NAACP National leaders ever to visit the Lenoir County area." He said, "every effort is being made to welcome and entertain, the delegates who will be in Kinston through Saturday, October 16." The theme of the conven tion is: "The Status of Civil and Human Rights in a Changing Social Order." Keynoting the convention will be Dr. William Montague Cobb, President of the National ' NAACP, of Wash ington, D. C, He will speak on Friday evening, October 14 at 7:30 p.m. at the St. Augustus A. M. E.Zion Underway to Cnarged Two Whites John .Twisdale on the re moval petition are to be heard by Judge Maurice Bras well when Jerry Paul is finished with a manslaughter case in Williamston. Paul did not appear in the hearing on Monday. On Monday, Twisdale re luctantly submitted evidence of the state's case against the two men which included an unsigned and disputed confession which State Bu reau of Investigation agents contend was made on June 10, the day the two men were charged with the murder. Twisdale argued, to ho avail, for Judge Braswell to "seal" the evidence, or withhold it from the ' press, until the trial begins. All papers filed in court trials are public record, and available to the news media, but District Attorney Twisdale contended that the release , of the evi dence td the press would t provide basis, for a new trial. Referring to the 100 pages of, documents 'which- detail, with (he exception pf ndmes addresses, 'and statements of state s witnesses, 'the case against the two men, Twis dale o . contended "if this document was to be publish ed, there would be a great deal of evidence that would come out in the press before the trial." Becton, not taking a posi tion on makjng the evidence part, of the public record . and thus; abailable to the press,' countered that if the information would prejudice prospective jurors to? the ' extent that his client, Smith, could not get a fair trial, "there is a basis for change of venue." . .."; , Before the hearing mo tions were filed in the court by both defense teams re questing that the trial be moved to another county. The jury system in the coun ty is under attack for the systematic exclusion of blacks from the iurv. The Continued On Page 12 Scheduled Church, 316-318 East North Street. -. The Thursday, October 13, activities will focus attention on the part minis terial and lay religious leaders are playing in the continuing struggle for equality and justice. The featured participants on the "Ministers and Church Emphasis Day" program will be the Honorable Joy Johnson, veteran member of the North Carolina General Assembly, and the Rev. Dr. J. Ray Butler, Pastor of the Shiloh Baptist Church, Winston-Salem. The panels for the day will have as partici pants; Rev. H. H. Dawson, pastor, v St. Luke AME Church, Wilson; Rev. William L. -Burton, pastor, St. John AME Zion Church, Rocky Mount; Rev. R. B. Sykes, Eastor, Greater Mt.Zion lissionary Baptist Church, Kinston; Dr. R.' Irving Boone, pastor , emeritus, First Baptist Church, Kins-, ton; Rev. Arthaniel E. Harris, pastor, St Augustus, AME Zion Church, Kinston; and Rev. G.Erdmond, pastor, St. James AME Church, Kins ton. Continued On Page 12 Prom L'-'. JM, t rf( T.y! III , v - ! J 111 r' --"I i - . I THE HONORABLE W. G. PEARSON, II, is sworn into office as Oistrlct Court Judge for the Durham County District Court in e special session Friday morning, September 30, before a standing room only crowd of well-wishers and dignitaries. Mrs. Pearson, standing baside her husband, participated in the ceremony. . V ; , : Task force 10 visit A large task force of some one hundred fifty representa tives from businessindustry, government, and educational institutions, are scheduled to visit North Carolina Central University October 12-14 to participate in the Career Counseling and Placement Bureau's Annual Youth Motivation Program. The V program is being sponsored in conjunction with the ; National Alliance of Businessmen, and will afford NCCU students an opportunity to engage jn direct contact with success ful minority role models and other employer representa BARBARA A. HUDSON WJKwSwSwKwX'" WINSTON-SALEM (CCNS) Govemor James Hunt told an audience at the N. C. Alumni and . Friends Coalition Ban quet that he was opposed to the closing of any black uni versity. "I was asked that question by a radio announcer on my way in here tonight," said Hunt, "and I looked him straight in the eye and said: That tells me how your, mind works, because no, one has proposed the closing of any white universities.'" - Speculation about the closing of one of the black 4 -VIA 1 " i ) Illiililimuiniwriwurwiliiniiw3t? - i m" mil 'mm rmnrannim umm miiimth in Gov. tat m efeif i Move Johnston Co. tives during informal class room visitations, and dis cussion periods. Two Task Force Team Co-leaders, representing diverse occupations and geo graphical locations, will address other team mem bers and students during a special session scheduled for Wednesday evening in ' the Fine Arts Building audito rium on the NCCU Campus. The co-leaders for the 1977 program are Floyd Benjamin, Vice President, Regulatory AffairsQuality Assurance, McGaw Labora tories, Santa Ana, California', and . Attorney Patricia A. ATTORNEY RUSSELL G2IGS state universities, specifically Elizabeth City State, became widespread after the Greater University of North Carolina released the results of a study of the state's teacher educa tion programs, and recom mended that a number of 'them be eliminated. The an nouncement that schools should de-emphasize teaching programs because of a teacher ; surplus,' led many observers to conclude that Elizabeth City State ' " University, primarily a teachers' college, was bound for extinction. That is not the intention Beath Central Russell, Deputy Chief, Indus trial Equal Employment Opportunity Unit, Federa Communications Commis sion, Washington, D. C. . Benjamin k 1965 biology graduate of NCCU, received his Masters in Microbiology in 1966. Ms. Russell is a graduate of Kentucky State College and the Howard Uni versity School of Law. Ms. Barbara Hudson, Supervisor of recruiting and field compliance in Corporate Personnel, Connecticut General Insurance Co., Hart ford, Conn, is the 1977 Youth Director of the NAB office. ' FtOYD BENJAMIN of the study at all, says Dr. Lafayette Parker, academic dean of Winston-Salem State University. WSSU has agreed to cancel it's teacher educa tion major in biology, but Dr. Parker pointed out that UNC Chapel HU1, UNC-Greensboro and N. C. State have also eliminated one teaching major. "We're in good com pany," says Parker. Governor Hunt was the guest speaker at the N.C. Alumni and' Friends Coali tion Banquet, held Friday night at Benton Convention Continued On Page 4 To CI TIIIS WEEK'S ISSUI J02DAHS ATTACK Oil CARTER MAY HAVE PAID OFF mgeu DIKIATION NOT WHY WOMEN i:i LOW LEVa J03S PAGE 2 Presides) Ccrtcr To Enforco All Civil Rights Laws President Carter issued a statement on September 20 reiterating his Administra tion's strong determination to enforce all Federal civil rights laws. The President said, "I am determined that my Ad ministration will remain committed, in both spirit and action, to the en forcement of the civil rights acts that defend the indivi dual freedoms of all our citizens." ' In his message, comme morating the 20th anniver sary of the creation of the Civil Rights Commission in 1957, President Carter affirm Dlacti Woman Fights for Hand In Chatham County PITTSBORO (CCNS) -In the rural Chatham County community of Pittsboro, Mrs. Mildred Payton has been wag ing an almost unnoticed battle against a campaign of harassment which she be lieves is designed to prevent her from occupying the home she purchased more than eighteen years ago. Mrs. Payton, a well known civic leader who has been involved in numerous educational and cultural activities of particular in terest to black people, says that the trouble began when she returned to Chatham County in 1974, after serving in the Peace Corps, to begin remodeling a milking bam for her own occupation on her property. A neighbor, Floyd Teague, who owns an ajacent lot, claimed that Mrs. Payton's preparation for a garden, was extending, onto his property. In an attempt to settle the boundary dispute. Mrs. Payton hired a registered surveyor to stake off her land. These stakes Were re moved by Teague, who, according to Mrs. Payton, admitted to this act before ed his commitment to expanding equal opportunity for all Americans and ending all discrimination in American life. Garence Mitchell, Wash ington Director of the NAACP, read the President's message today in Washington, D. C, at a news conference sponsored by the Leadership Conference on Civil Rights. Also' present for the news conference were the or ganization membership of the Leadership Conference and the members of the Civil Rights Commission. witnesses. She then hired a second surveyor at consider able cost to survey the entire 23 acre tract, and stakes were again set out delineat ing property boundaries. Tea gue, apparently refusing to accept the surveyors findings, barricaded Mrs. Payton's driveway preventing her entry onto her property. Magistrate Earl Parker, of Pittsboro, refused to issue a trespassing warrant against Teague, even though Mrs. Payton.who is herself an attorney, cited the applicable statute to him. During her attempt to obtain a warrant against Teagues' continued removal of surveyor's stakes and the barricading of her driveway, she was also yelled at by a deputy In the sheriffs office. She obtained the . warrant only after appealing to a magistrate in neighboring Siler City. Mrs, Payton filed a civil complaint against Teague on July 22, 1974 because pro ceedings of the charge on which the warrant was issued remained unresolved. In January 1975, she was sub jected to break-ins on two Continued On Page 4 85 Loaders Gafhor At Enflold ENFIELD (CCNS) -Eighty-five church leaders from across the eastern United States gathered for a two-day conference outside Enfield at Brick Community Center last weekend re solving to join the fourteen year-old campaign of workers at J. P. Stevens plants around the nation to unionize and negotiate contracts. The church leaders, re presentatives of five groups: the United Church of Christ; the Quakers, the United Disciples for Christ, Catho lics and Baptists resolved to engage in various consciousness-raising activities intended to gain support for the Stevens' workers. All en dorsed a one year old boycott of more than 100 products manufactured by the Com pany, the nation's second largest manufacturer of textiles. The conference included a film "Testimony" which was presented Friday evening. The film documented un safe work conditions, unfais, labor practices and discrimi nation within the plant. Several workers were inter viewed who described how they had lost fingers in un safe machines, had con- tracted "brown lung" disease from cotton dust which fills "5 the air in some plants and the insensitivity of the company to these conditions and their effect on the workers. The film is being shown to groups around the antion, upon request, by the Amal ContinuedOnPage 12 Hart Appoal Sot For Octobor 14 ROCKY MOUNT (CCNS) Bronchi Hart's appeal of his : June 27 conviction in Nash County District Court in' Rocky Mount for engaging in an affray will be heard October 17 in Nash County Superior Court. Hart was convicted and sentenced to one year in pri son for a fight in which his landlord is said to have hit him first. .His landlord was Charlie Harris, a partner in the Rocky- Mount real es tate firm of Simmons and Harris. Evidence presented at the District Court showed that Hart had rented a trailer managed by Simmons and Harris for which Hart and his wife, Susie, were charged a $100 security deposit. Charlie Harris's son, Chris Harris, had told Mrs. Hart earlier in the day, that she couldn't get the $100 back because "the house was in a mess". Returning later that day with her husband, Bronchie Hart and Charlie Harris alle gedly got into a dispute, during which, Harris took out of his pocket "a fist full of twenty's, Mrs. Hart said. Mrs. Hart testified that she saw Harris, a much larger man, strike her husband. Her husband returned two blow to Harris, knocking the land lord to the floor where he lay unconscious. f Harris denies striking Hart first and said he was assault ed. But Hart applied for t warrant against Harris which was refused, but later a warrant was signed asinsi Hart by Harris. Harris was represented by Attorney Rosser from Rocky Mount in trie first trial but has retained Att'y Crev;! Thigpen of Raleigh to dtal him in Nash Superior Court.' . , v
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