Newspapers / The News-Herald (Morganton, N.C.) / Feb. 17, 1921, edition 1 / Page 1
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PTTT Paper Published in Burke County lhe Burke County News I rnBeftl5(,afai, 9q ioni Subscription Pricey$2.00 per Year in Advance only I he Morganton Herald ) ' t i VOL. XXXVI. MORGANTQN, NORTH CAROLINA, FEBRUARY 17, 1921 NO. 34 NEW ROAD LAW FOR BURKE COUNTY, JUST I'" . mm . mi w- r I f I m r-i in r limn r- r- r- r PASbbU BY LtUlbLAIUHb, HUW IN thhtU I 1 ' 1 1 l Ar.nA.M.T T c-4- r.Un.t . it1. .11 ti a r tilled ly ine cllCiai xas"" the 1'1V i roviaes rur l 1VUUU vuiiiimasiuii, xvuau oupenn- (lent and General Plan of County Building and Up keep; Five Men Compose County Road Commission flowing is the full.text of the Th law for Burke county in it to provide for the construc aV.il maintenance of the public 1 1 m ',ja". i AccomWv nf North Car- of IV Ut'IK'lill - i. ----- - o, ----- I-11. i ...,.f. line, altpnnf nisfnnTirniino' rpnuinnff .1:.,., . nact: S t on I. That J. F. Spainhour, . , , .J T . , 1 ?inrilrlin Vo anrl -. U vl,rIH ana laui r launtiu, wv, i... L- arc hereby appointed and con- Road ,,Uors in office to be chosen, as Ijreinafter set forth, shall be and re Sain'a body politic and corporate un i,r the name and style of "Burke ' fount v Road Commission" and by and under tnat name uc npd plead and be impleaded, enjoy W exercise an me ugms auu nv- ;ipo-e conterrea upon tuipiaum. hv the general laws ui otc ui orth laroiina anu may caciusc uic rieht of eminent domain for the narrows in the manner hereinafter set forth. iv ' J WJJ Sec. That on xne seconu vTeuiris- hv in tne nrst muuiu anci mc itication oi inis act, uic hicuiucio wj. road commission nereinueiore )intcd shall meet at tne omce oi Vip register oi ueeus iu uic wuu house m .Morganion at uuu and elect from their number a chair- and a secretary oi saia Doaru ,r'v,o chall hold office until January first, one thousand nine nunarea ana twenty-two, and until tneir success- o!'S are nti nu, " -j . '.11 ('esiJTnaic mjihc uaim , : a TVT. .rMn as a depository or deposit- rries for the road funds oi burKe llll' . VMV w . . . x. 1. T 1 . v,n,r vrrmcrht hpfnrp vjrtv and snail transact sucn ouier,- commission. Successors to the j Sairman and secretary elected at; the organization meeting oi tne com irissio:i shall be elected on the first Wednesday in January, one thousand iine hundred and twenty-two, ontl 11 iL i-n annually inereaiLt-i. Sec. At all meetings of tne . . .i 1 T11 commission, inree memoers constitute a quorum for the tramac- i tion of all business. The members of said commission appointed by tnis act shall hold office for terms of five 3), four (4), three (3), two (2), and one (1) years respectively, dating from January first, one thousand nine hundred and twenty-one anu until their successors are chosen and qual- ified as hereinafter set forth; the i 1 " ! - A4 -V ' - I commissioner nrst nameu in una act, to hold the five year term, and the i " m .m other commissioners to hold the four, three, two and one year terms in the order in which their names appear in this act. Sec. 4. At no time shall more tnan three (.3) members of said commis- .-ion belong to or be affiliated with the same political party; -and if at any time a member of said commis sion should be chosen for a term of office during any part of which'- as many as three members of his own political party have already been ap pointed or chosen to serve as mem bers of said commission, he shall be ineligible to hold said office or exer cise the duties thereof and his suc cessor shall be elected as herein pro vided. Sec. '). Subject to the provisions pf section four of this act, vacancies in the membership of the commission occasioned by death, removal, resig nation or otherwise, shall be filled by the remaining members? of the com mission only for the unexpired term f the commissioner whose office shall become vacant as aforesaid. Sec. (I. Vacancies occurring in the membership of said commission upon ne expiration of their respective terms shall be filled by the board of commissioners of Burke county at their reirular mnnfhlv meetinc in month of December next preced- the expiration of the term of the commissioner, and the commissioner o elected shall hold office for five years from and after the expiration (J' the term of his predecessor and until his successor is elected and qualified. In filliner vacancies on said foad commission the provisions of action four of this act shall apply. -aeec. 7. Each and every member f Paid road commission appointed by act an( ns successor m office snail, before acting as a member of Ine commission take and subscribe an oath before the clerk of the Su perior court of Burke county, to faithfully and impartially discharge duties of his office as road com missioner. ec. 8. No member of said road mimssion or superintendent of jads ghau take any contract to Jiu, repair, or maintain any public oacl or bridge in Burke county, nor i ne or any member of his im mediate family sell, hire or rent any ck, equipment or material for, . or J1 connection with the building, re rA or mantenance of any public oad or bridge in Burke county, or ?e or become during his term of of "je financially interested in the midrng, repair or maintenance of public roads or bridges. Any ember of said commission violating section shall be guilty of a mis qemeanor and upon conviction may riiud), r un icai ui be fined and imprisoned at the discre tion of the court, and shall upon con viction forfeit his office. Sec. 9. The Burke County Com- ICOlAn chnll hntm r vn I n c. urn nnyit-xnl lavinc off and pstnhlishinpv hnilH- and maintaining all of the public roads of Burke county and of the purchase of all necessary equipment and material therefor: Provided, that c, r-t 7 - - . &, said commission is hereby authorized and empowered to cooperate with and to delegate such reasonable au thority as it shall deem advisable to such agent or agencies of the govern ments of the United States or the State of North Carolina; or both, as shall be engaged in the construction or maintenance of public' roads or highways in Burke county, to the end thta all avaable government aid may be had in the construction and main tenance of the county highways. Sec. 10. No new public road shall be constructed and no material alter ation in the grade of any existing foad shall be made unless and until the same has been surveyed and the permanent grade established by a competent engineer experienced jri road building, and such roads shall be built or altered in accordance with such survey and according to speci fications furnished by the engineer. No bridge costing two hundred dol lars or more shall be built in the county or on any public road exceDt in accordance with plans and specifi cations furnished by a competent en gineer. ec. 1J. All monevs in tho hands - " x aama w i""1 -uu" u U1 aums , . ., mm as rnntitv 1PTinunvv nlrooHw horoof- ter collected for road purposes shall . be deposited with the bank or banks (Continued on fourth page) j JUDGE LANE'S CHARGE TO THE GRAND JURY - impressive DlSCUSSlon O I the Duties of the Grand Jurv- man; Explanation of Law and Its Applications. Judge Henry P. Lane, who is pre- siaing at tne special term oi uurKe Superior .court, which opened Mon- loir v r -wr i v rm vol a n 1 r A 1 -t-r s.A 1 tit 1 4, "W-l. - ""j munung, mauc a ucuucuij guuu impression on those who heard his 1 Am ll 1 1 1 charge to the grand jury Monday morning. He laid emphasis on the seriousness of the duty of the grand jurymen and pointed out the. great service that can be rendered the State by conscientious service in this capacity. He stated, without go ing into explanations, that- possibly at no other time had a grand jury in Burke county been confronted by such grave responsibilities as the body that had just been impanelled faced. N From that he went into an expla nation of what constitutes the break ing of the criminal law the various telonies. .Particular mention was made of the careless handling of firearms, driving a car while intoxi cated, burglary, murder, arson, those felonies which grow out of the inter ference with the personal property of others, forgery, false representa tion, perjury, bripery, etc. The judge dwelt particularly in his charge on the cool, deliberate break ing of the law that is practiced in the manufacture and sale of liquor. He said that it is variously estimat ed the seventy-five to ninety per cent of crime is attributed to intoxicating liquor and that it had been his ob- servation that nearly all crime had this as either its direct or indirect cause. This State was one of the first to act to obtain prohibition and the peo ple demand laws that actually pro hibit, said he. He remarked that if liquor could be absolutely done away with the courts would be relieved of much of their work. Drug laws, public health require ments, the laws protecting dumb an imals, disposing of mortgaged prop erty, etc.,. were mentioned in the dis cussion. The following men compose the grand jury for this term of court: X. H. Cox, chairman; N. O. Pitts, Peter Whisenant, B. E. Sain, J. P. Whis enant, James Henson, Julius Icard, Hugh Hallyburton, C. D. Hemphill, H. P. Holler, J. M. Epley, K. E. Fin cannon, H. G. Hallyburton, O. C. Cox, A. L. Conley, Marvin Duckworth, H. L. Fowler, Leander A. Chapman. T. N. Hallyburton was sworn in as a special officer for the body. STOOD OPERATION WELL Miss Annie May Conley, who un derwent an operation for appendi citis Tuesday at Grace Hospital 'stood the operation well and is get- ing along nicely, bhe is a daugnter of Mr. and Mrs. Horace Conley, of Chesterfield. Her sister, Miss Essie Ray Conley, came home Monday from Gastonia on account of her illness. SPECIAL VENIRE FOR WILLIAMS MURDER TRIAL' Seventy - Five Men Summoned For Selection of Jury to Try Dick and Mary Williams special venire of seventy-five has been summoned to appear this morning for lhe selection of a jury for the trial of Dick and Mary Wil liams who are charged with, the mur der of their, neighbor. Pink Brittain. Solicitor Huffman will prosecute in the case while the o)efense will -be represented by Avery & Hairfield and A. A. Whitener. LOCAL BRIEFS IN AND AROUND TOWN Short Items of Local and Per sonal Interest Gathered During the Week. Master Ray Smith has been sick for several days with measles. Miss Gertrude Hall, of Lenoir, is here this week as court stenographer Rev. and Mrs. George Hilton left Monday for Tarrington, Conn., for a two months' stay. The B. Y. P. U. had a very enioy- able Valentine party in the Baptist ! church parlors Tuesday night The Epworth league of the Meth odist church enjoyed a Valentine party at the church Monday night. Mrs. Charlie Walker, who has been suffering from a severe attack of in- i flammatory rheumatism, is gradual ly improving. Mrs. P. R. Brown went to Grens boro yesterday. She will have an ear and throat operation at- Dr. Reeves' hospital there. The Statesville Landmark of Tues day reports Mr. Thomas Williams, of Morganton, as . a patient at Dr. Long's sanatorium. Mr. J. H. Hyams, who was sick "for week or more at the home of his daughter, Mrs. J. R. Anderson, is able to be out again. The Ladies Aid society of the Meth odist church voted at their last meet ing to buy a piano for the ladies' parlor of the church Cr&wf wford, of Youngs- I town, Ohio, was the guest one day last week of Mr. and Mrs. B. C. Bright. It was his first trip "back home" in twenty years. Mr. V. T. McGalliard, of Connelly Springs, was in Morganton Monday. Mr. McGalliard contemplates moving 'his family to Chapel Hill sometime this summer that he may educate his children at the University. Out of town attorneys here this week in attendance upon court are Messrs. A. A. atid C. L. Whitener, D. L. Russell, W. A. Self, E. H. Shuford, J. L. Murphy, of Hickory; W. C. Newland, of Lenoir; and P. C. Cocke, of Asheville. Mrs. Jones Abee has requested The News-Herald to thank those who contributed to the fund for the arti ficial limb for Mrs. Dora Cook, who lives near Morganton. Mrs. Abee collected $25. Lieut. Belvin W. Maynard, the famous "Flying Parson," will lecture in Charlotte February 25th, under the auspices of one of the fraternal orders. It will be 'remembered that L.ieut. Maynard paid Morganton a "flying visit" about a year ago. He is now engaged in Y. M. C. A. work in Brooklyn. Mr. W. A. Townsend has been transferred from Oteen army hospit al, near Asheville, to a hospital at Alberquerque, New Mexico. He - is teaching ex-soldiers shoemaking. In a letter to Mr. C. L. Smith he gives an interesting description of his trip and of the city, which he says is pro nounced "Al-ber-ker-kie." SCHOOL BONDS CARRY BY GOOD MAJORITY Only Five Votes Cast Against Bonds While Seven Hundred and Fifty Voted For the ' School Improvements School bonds carried with a whoop Saturday, 750 voting for bonds and only 5 against. Voting durirfg thi morning was slow, but during the afternoon it went along at a lively pace The registration for the election had been 1183. It was necessary therefore, to have at least 592 votes cast in order to beat the registration books. Since 428 names remained on the books as not voting and 5 were cast against the vote against bonds had to be counted as 433, making the majority for the issue 317. The Junior Order worked faithful fy all day, several members of the council staying on the grounds all day and many others actively at work. Mr. J. L. Nelson acted as regis trar and Messrs. B. E. Cox and John Dale as judges of the ejection. TO CHINESE SUFFERERS The Mountain Grove church has contributed $18.50 for Chinese fam ine sufferers. A check for that amount left? with The News-Herald has been mailed to the proper author ities ' RELIEF FUND CONTRIBUTIONS Mrs. R. G. Farr, $1.00; Cash, $1.00. Total, $2.00. A "TALE" OF BURKE '- j W WONT GtTYgj-"-'' " Zj JOE "SPECK" MULL WAS SENTENCED SIX YEARS Will Serve v Penitentiary Term, Having Been Found Guilty of Burning His Own Home Joe Mull, so called to dis- tineruish him from a kinsman of the same . name, was sentenced yesterday to six years hard labor in the peni tentiary after, the return of a verdict of guilty on the charge of arson, the burned building his own home. It was shown that Mull was drunk, that he probably did not realize what he was doing, but the State made a strong point of the fact that he had said that he would not be satisfied until the house was burned down. No motive other than drunken rage wa shown to have prompted him to the act. One of the principal witnesses against him was his brother-in-law, a man by the name of Mitchell, who was also drunk at the time the burn ing occurred and had to be dragged from the burning building. Mitchell testified that he heard the "sloshing" of oil in the jug where it was kept for household use but he was too drunk then to know that Mull might be scattering it around the house. Officers who arrested the defendant later testified "that his clothing smelled strongly of kerosene. Attor- ! neys W. A. Self and C. L. Whitener oi mcKory, represented muh CHINA HAS MILLIONS WHO ARE SLOWLY DYING The following from a recent issue of the Presbyterian Standard will give a clear idea of real conditions in north China, where millions are dying for want of food: "The first reports of the China' famine wTere not exaggerated. In ded, later reports indicate so dis tressing a condition that it would be impossible to exaggerate it. Over a vast area of northern China long continued drought caused an almost total failure of crops. This is one of the densely poulated parts of that great country the famine area hav ing betweet J5,000,000 and 45,000,000 of people. Even in prosperous times a large proportion of these people subsist near the hunger line, and a crop failure plunges them into star vation. The entire supply of food has been consumed, an dfamilies are pitifully trying to eke out a wretched subsist ence on grass, roots and leaves. What few animals they had have been used for food, and everyuten sil and article of clothing and furn- lture that could be Dawned has. been sacrificed Already the death rate has assumed appalling propor tions, and myriads of the survivors have become so weak and emaciat ed that ' they are hardly more than walking skeletons. In their utter desperation parents are selling their children rather than see them die. It is estimated that at least 10, 000,000 of people, or nearly one- third of the poulation in the fam-j me district, will pensh of cold and starvation this winter unless help is given promptly and on a munificent scale. The board notes with gratifi cation thta President Wilson has ap pointed a national committee on famine relief in - China. The board earnestly hopes that Presbyterians everywhere will . cordially co-operate with this committee. contributions may fail to reach the actual sufferers by reason of the fees and speculations of corrupt Chinese officials, regarding whose methods much has recently been printed. ' The Presbyterian church has two hundred and twelve mis sion area. These men and women are actually on the ground, apeak the language of the people, are ex perienced in dealing with them, know exactly who the most needy persons are, and "can deal directly with them." DREXEL SCHOOL TO GIVE PLAY TTio TVrovol crVi nnl will cri vp n nl n v "Out in the Streets," Friday evening, Fphruarv 25. at the school auditori um, in an effort to raise money for a library. The play was given some time ago but owing to the bad weath er few were able to see it. It is hop ed that with the reappearance of "Out in the Streets" more will be able to attend and the school talent production will be received.. enthusi astically .byvthe"(public. I , COUNTY ROADS FORMER MORGANTON MAN HAS SLEEPING SICKNESS Mr. David J. Thompson of Ral- eigh is in Baltimore for Treat ment For This New Malady. Morganton friends of the Thomp son family are distressed to learn of the illness of Mr. David J. Thomp son, of Raleigh, eldest son of Mr. and Mrs. John Thompson, of Morganton. He is seriously ill at Johrys Hopkins hospital, Baltimore, with an attack of sleeping sickness. He was taken sick during the last week in January, and was taken to Baltimore after he had been ill 19 days. He was admit ted to Johns Hopkins Tuesday of last week. No specific treatment for sleeping , sickness has been devloped and its cause is not known. It was at first thought to be an aftermath of the "Flu" but this theory is now scouted by physicians. Mr. Thomp- son is being nursed by his sister. Miss Annie Thompson, graduate of 'Lippard started to run away DockN the Johns Hopkins hospital training Hefner shot him twice, Young testi school for nurses. He" is under the fled, and that he and Hildebrand left special care of Dr. Frank Conroy. SPECIAL TERM BURKE COURT (SJ SESSION Opened Monday Morning in Spe cial Session, Judge Lane Pre siding; Cases Which Have Been Disposed Of. The special term of Burke Supe rior court, recently ordered by Gov ernor Morrison, convened Monday morning, Judge Henry- P. Lane pre siding and Solicitor R. L. Huffman ! prosecuting. ' j The record up to noon yesterday: I Jake Benfield, plead guilty of lar ceny judgment suspended upon pay ment of cost and bond given for ap pearance to report good behavior. 'W. L. Awen, carrying concealed weapon; plead guilty, fined $50 and cost. Elam Singleton, E. C. Devinney, Dock Mabe, Joe Williams, gambling; submitted; fined $20 each and one fourth cost. Charley Talent, Peter Talent, Mar vin Talent, Ellis Yancey, assault with deadly weapon; Peter Talent found guilty simple assault, otheres of charge; sentence no yet passed James Conley, carrying concealed ' weapon; plead guilty; fined $50 and cost. A. L. Penland, disposing mortgag ed property; plead guilty; judgment suspended upon payment of cost. Cal Carswell, manufacturing li quor; not yet sentenced. Joe Mull, house burning, guilty; sentenced six years in penitentiary, hard labor. Carl Mcintosh and Harley Carland, plead guilty of transporting liquor. Not yet sentenced. A. V. and N. W. Whittemore and J. B. T5reenwrood, transporting liquor; guilty; not yet sentenced. Baxter Hildebrand, plead guilty of manslaughter; not yet sentenced. DISTRICT TEACHERS' MEETING A district county teachers meeting was held in Morganton as the center, on last Friday. In spite of the im passable roads every teacher of this district was present, although some were four hours making the trip in a wagon, inis work tinder tne . able leadership of Mrs. Maude Patton An thony is bringing Burke county to the front in the State educational world and we are very proud of the forward step. Each district is to ha.? their meetings during the year, and then a county commencement will be held. County Superintendent T. L. Sigmon opened the meeting on Friday . with a very helpful talk to the teachers. - DEFEATED BY DREXEL 1 The Morganton high school team - was aeieatea in a game oi DasKe- nan Tuesday afternoon on the Drexel fourt with the final score of 17 to 24 in favor of Drexel team. Both sides fought hard and the feature of the day was the, sensational goal shoot ing bf .McNeely for Drexel. Mr. W. B. Bell spent Sunday in Charlotte i :. ,'. '. . - - V; - - BAXTER HILOEBRANIj s CASE HEARD YESTERDAY . 9 Submitted to Charge of Man slaughter in Connection With Lippard Murder; To Be Sentenced Next Week A continuation of the sensational Lippard murder case,which occupied the greater part of the December term of Burke court, came yesterday when Baxter Hilderbrand, who was" one of the principal witnesses for the deiense at that time, plead guilty to the charge of manslaughter for the part he took in the tragedy. ' Much of the main evidence, thought this time to be true facts ,in the case, was ' recounted that Judge Lare might be governed accordingly in passing sen tence, which will be pronounced, he stated, on Friday, February 25th. In presenting the State's case "lit tle Dock" Hefner, who was convict ed of murder in connection with the affair, was placed on the stand, after Chief Lentz of Hickory and Deputy L.'A. Ward had tolctHhe story of the finding of Lippard's body. He took Glenn Lippard, he said, up to Rhod hiss the night of the killing to meet Baxter Hildebrand, who was to let Lippard have fifty gallons of liquor which .they were to take to Charlotte that night, Lippard having hired Dock to drive him there. From there on his story was practically the same as that told after, the trial in his "confession," the blame for the shoot- ing, according to him, placed on Lone Yoiing. Lone Young followed 'Dock on the stand. He went to the scene of the tragedy, he said, with Baxter Hilde brand. Just after they arrived at the place where Hidbrand told him he ) had agreed previously to meet LiD- pard, "Little Dock and Lippard drove up m JJock's 'ord. The story of the dice game on the running board of Hildebrand's card and the , row that followed was rehearsed in all the de tails that Young had given the solic itor just after the other trial. When I immediately for Hickory, riding around until 2:30 the next morning. After Young's appearance on the stand the State rested and the de fense, J. L. Murphy of Hickory, as counsel, put up Baxter Hildebrand to testify in his own behalf: His rehear- sal of the story was practically the same as Lxiat oi jone xoung. tm cross examination Huffman got him, to admit that he had been selling liquor, that he had furnished it to Glenn Lippard at least twice, one time as much as forty gallons, and that he was to meet Lippard that night to go after a load of liquor for Lippard to take to Charlotte. He said that because he was afraid of Dock Hefner he made no effort to stop him when he leveled his pistol to shoot at Lippard. Lou Lynn, the young white woman who was a star witness in the for mer trial, appeared as the next wit ness for the defense. She did not vary much in her original story, said that she heard Baxter Hildebrand but that he was not there while she was present.' It will be .recalled by those who followed the .first trial, that she ran away before the shoot ing took place. She still contended that Cecil Hefner was present. One. of the surprises of the dav's devlopments in connection . with the affair was the arrest of DanSipe a"hd Vernon LaFone, of Hickorywho will be tried next week with Carrol Ech ard, Cecil and Dock Hefner fbr the larceny of at least -$900f from the dead body of Glenn Lippard. . In connection with the perjury cases that were expected to develop the grand jury did not find true bills. BRIEF NEWS ITEMS 'FROM jOVER 'BURKE Items oi Interest Gathered From Different Sections of the County By News Herald Correspondents VALDESE The trustees of the Baptist church are making plans for a new church that will cost from 0 to 15 thousand dollars. The writer and all citizens at Valdese wish them much success. Mr. and Mrs." Midas Childers are tKe proud parents of a baby girl. Levy Ribet. who has been in Chi cago for more than a year, returned to. Valdese Saturday. The Misses Margaret Gardiol, Nel lie Garrou, Mary Martinet and Emily Parise are home from Mitchell Col lege in Statesville for one week. " Miss Madeline Grill, who spent three days irt Statesville at Dr. Long's hospital, is back and much bet ter. Mrs. Madeline Tron Tise of Drex el, spent the week-end with her fath er and mother, Mr. and Mrs. Peter Tron. Their baby girl three weeks old is the first grand child of Mr. and' Mrs. Tron. The addition to the Valdese Coop erative store is nearing-completion. The February 17th celebration will be held in that building on the sec ond floor.1 Mr. and Mrs. Albert F. Garrou (Continued on lest page) 1 . 4,
The News-Herald (Morganton, N.C.)
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Feb. 17, 1921, edition 1
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