JR^:
IB AND MAKAGBB
SUBSCRIPTION <1.00 PKJ8
LOUISBOHQ. H. C.. FRIDAT. MARCH 1?. 1918,
TOL. XLni
WITNESS FEE PROBLEM
? , ? ? ? ^
AH EXPLANATION OT THE
PBESBNT SYSTEM
*r- Barrow's Latter an later- 1
estln* Oae aad Will be Ke
celved With Satisfaction
Mr. J. J. Barraw kindly contributes
tfee following article u wky witnesses
tail to get pay for serriag:
"10 tBb editor of the FxanKUM
Tikes.
For the benefit of a great many who
do not understand the payment of wit
ness fees accruing at oourt term*, I
woald thank you to pablish the follow
ing information far as I have been
able to learn fr?M the lawi bearing on
the subject.
Crimiaal cases ia which Witnesses
have been subpoenaed." .
No witness shaR rooeire pay as a wit
Bees for the State aniens summoned by
the clerk under tho direction of tha so
licitor; and no soli ?? toe shall direct
that more thaa two witnesses shall
he summoned far the State ia miade
aaeanors nor shall any eonnty or de
fendant be tnxad with the foea of
mora than two witnesses, unless the
court, (meaning the lodge) upon satis
factory reason appearing shall other
wise direct Aad ao witness sum
moned in a crimiaal action shall be
paid by the county in more thaa
' one case ia any oae day. For tbe
abore information see sectioa of the
revisal,of 1906, lfOt. Also Supreme
Courts 104 N. C? State vs Massey,
#77, Mills ts. Lytle. 11S M. C. 887 page.
JUSTipaB oo?RT.
The J uatice ot the Peace shall select
and bind oyer not more than two wit
nesses to prove oae material fact and
neither the county "or the defendant
?hall be liable for more, unless sum
moned in appellate eeurt, (that is to
which an appeal is taken) . See seotion
- 1104 of the reviaal ef 1906. also State
?s Shuffler, 119 M. O. page 867.
dbfekdahw wrtnasu.
The Constitution exempts an ac
quitted defeadant frem payment of nec
essary costs and witnesses for his de
fense, but does act require that they
be paid by the oouaty.
Article 1, See. Ill Constitution, State
vs. Mssscy MiH. - 0. 87T, State vs.
Hicks 124 K. C SM. Section 1391 ot .
the rerisal df-190* says.
"The costs it the prosecution are
those incurred la the conduct of
the prosetution, and do not inelude the
aosts of the defendant in his defense."
That is if the defendant is convicted,
the county will pay to not more
tbaa twa State witnesees to
prore one material fact, but in no
event is the county liable or shall pay
the defendants witness when in the
trial and judgment ia the case the
county is taxed with the oosts except
when ordered tp do so by the Judge
holding the term ef court at which the
defendant is convioted.
The county has been vary liberal in
paying state's witnesses, but in all
cases where the defendant is summon
ed to court and attends court and
proves his witness ticket, the 'twuatp
is not liable for this eost as it is a civil
debt against the defendant and nothing
else.
See state vs Wallin 89 N. C. page
*8".
The whole system of paying ths fees
of witnessess when they are to be paid
by the county is in the hands e f the
auditing committee appointed by the
Board of County Commissioners, who
as I have said before kave been very
liberal on this point and have looked
at the matter in a very broad way, not
"stickling" at small things or items.
The oKcers of the/court or any one in
the court house have nothing whatever
to do with the payment, or of guaran
teeing payment of witness fees, ex
cept those collected by the clerk, where
the defendant is fined and pays cost*
and fine. In these cases I have tried
at all times to include the state and
defendant witnesses and collected Bams
except wheTe they wars erdered not to
by the solicitor or Judge. The eounty
and no officer of the eounty is respon
sible for the payment in any matter
whatever forjany witness fee either
for the state or defendant, as it is a
matter between the auditing commit
tee and then a samariaed statement is
u made out and checked agaia by the au
-/diting committee and often times
checked the third time by the chair
man of the Board of commissioners as
to correctness af same.
There is no doubt that it seems hard
(or a witness to be compelled to attend
eourt and get nothing for his attea
dance, but a defendant has a constitu
tional right to have suhpotnead witness
es for his defense and be qpr the eoun
ty is liable except as jtatril -^bove.
v.; istf w /V* ??' * *. *?
witness owss it as' a duty of dttuen
shlp to sshrs without pay whan the do-"
feadant U aequited. and when the de
fendant te convicted the witness auat
look tp the defendant who had him
summoned personally for hi* pay, aa
it la a civil debt vs the defendant. I
?imply ask you to publiah this so that
the people may study this question
and I have (Wen them the benefit of
What I have learned by careiul study
of the question, but don't <"7 that I
knew all about it, at all but say that
I hare yet a great many things to
leara like the rest of us.
Personally I beleive that all witness
es who are made to attend court should
be p4ld by the party so compelling,
but thia is forbidden by the constitu
tion and statutes.
J, J. Babbow
Clerk of Superior Court.
Hp. William J- Hall Dead.
Ia Ealeigh on the 4th of March Mr.
Hall had a stroke of paralysis from
which he died the following day. He
was laid te res\ in the fatally plot in
Oak wood cemetery on March 7 th.
He leaves three brothers, Messrs E.
T. A., M. and T. H. Halt, and one sister
?rm. Geo. S. Baker.
- Mr. Hall was a member of the Me
thodist church and held in reverence
Its sacraments. He waa noted for his
kindaess of heart and generous dispo
sition that led him to help the unfortu
nate in every way he could, conscien
tiously beleiving it a sin to withhold
means of releif when he had it. fie
visited the sick, help nurse them when
necessary and often aided them mater
ially.
The Bible says: "ftlen will praise
tbee. when thoudoeth well to thyself."
Bet the heavenly rcgisty of his many
kind words is better than earthly com
mendation.
Btund Over
William Harris was givea a prelimi
nary heanug before Squire S. P. Bod
die, Friday for the murder ef Walter
Powell, alias Hatchett. It appeared
in the evidence that a crowd of ne
groes had gathered at a neighbors
house to enjoy asocial dance and dur
ing the progress of the occasion sev
eral in the crowd imhitj^d in blind
tiger boose until thsy were "dram
ssy" at this point William begaa
shooting, some thought at Henry
Jones, hut it seems Powell got the
bullet. The evidence was a little
conflicting, but waa sufficiently strong
for the magistrate to held the prisoner
under a #5,000.00 bond to await April
court. Harris failing to give bond was
committed to jail.
Death of Mr. T. C- Joyner
As we go to press we learn that Mr.
Thomas O. Joyner died at hia home in
Franklintotl Thursday marning after -an
illness of a few days. The news will
be heard with genuine sorrow by a
great many of the people in the county
for there was in him the genuine aim-,
plicity of heart and character which
drew men and made them trust him.
For some thirty years or more he had
been in the drug business in Franklin
ton and it is said that during all that
time nome was ever refused needed
medicine because of inability to pay.
His passing makes a vacancy that will
be deeply felt.
Surviving him are three daughters,
Mrs. B. T. Green, Mrs. J. W. Mo
Ghee. Mrs, J. O. Green, Jr., and four
seas, Thomas Joyner, Joseph joyner,
Sidney Joyner and Felix Joyner. To
them and other friends and relatives
the Timis extends its sympathy.
The New Six Month School Law
Many inquiries have reached the
Tmibs office about the lew six moths
aehoel law. We have asked Supt.
White to make for the information of
our readers a brief statement of the
law as it will affect Franklia county.
To attain a six months school, the
new law does three things:
1. It appropriates directly to the
public schools, te be divided per capita
among the countlea, $250,000. Frank
lin county will receive front this aboat
?S, 000.
2. Each eounty is then required to
maintain a four moaths school, and it
the regular school tax together with
the State appropriation aboye is not
saffloient, the County Cammlssieaera
are required to levy a special tax ta
?upply the deficiency. This special
tax cannot exeeed fifteen cents. In
the case of Franklin caanty it will
probably increase the present school
tax about lour cents on the <100.
I. The State levies a special tax of
Ave cants on tht 1100.00. This wfli
raise aboat t!7t,000, whiob will be paid
over to the State Treasurer and known
a* to* "SUM Equalising Sehool Fund."
This fund will be |used solely for pro
viding a ?ik month* term In counties
which would otherwise be unable to
have that much. No ceunty however
can (ret any ef it unless it first provides
for the maintenance of a four months
term.
If any county, such as Durham for
instanoe, already has a six months
term, it will get nothing from this
fund. If it hss a fire months school, it
will get enough for ene month more.
If Franklin county makes the neces
sary provision for a four months school,
it will receive from this fund enough to
run two months more. This would be
about $8,000 together with the direct
appropriation first mentioned weuld
make a total of about $11,000 received
from the State for the public schools.
Perhaps it is well to state further
that the law will not affect the money
raised in special tax districts.
It will be the duty of the oeumty
and State together to fursish a six
months school in every district, both
ordinary districts and special tax dis
tricts. The special tax funds will
then he available for making the term
still longer and in the employment ef
better paid teachers. And if more is
raised than can be ased te advant
age, the tax rate can be correspond
ingly reduced.
Civil Service Examination
for Clerk-Carrier: liSSfo
An examination for clerk and carrier
will be held at the poet-office in this
city on March, 22, 1913. Age limit, 18
to 45 years, on the date of the exami
nation. Married women will not be
admitted to the examination. . This
prohibition, however does not apply
tn women who are divorced or those
who are seperated from their husbands
and sapport themselves, but they are
eligible for appointment only as clerk.
Applicants must be physically sound,
and male applicants must be not less
than t feet ? inches in height without
boots or shoes, and weigh not less than
12S peunds with out oversoat or hat.
For application blanks and full in
formation relative to the examination,
qualifications, duties, salaries, vacation,
promotion etc, address immediately,
1. A. Ro? R K.10N ,
Secretary, Board of Civil Service Ex
aaaaers, Post-office Henderson, N. C.
List of Letter*.
Remaining in the poet office at Louls
bnrg uncalled for week ending March 14
Normaa Briggs, Miss Arseea Ifevis,
Miss Bettie Evinges, W. C, Sight,
Miss Jennie James, Jasper Johnson,
Loft McNight, William McKnight,
Amanda McMillon, Mrs Hotieano Mor
gan, Miss Nettier Wimbuth, Florence
Sallie White.
Persons calling for any of the above
letters will please say they saw them
advertised.
M . W. Tarboeoush, P. M.
Death of a (food Woman
The home of Mr. and lira Atlas
Williams was saddened when the death
angel came rnd claimed for its own her
devoted sister Miss Mary Wormonth.
She was 67 years old and there was
never a more faithful and loving sis
ter and a friend to all, besides she was
loyed by all who knew her. She will
be missed in our eommunity and at
Flat Rock Baptist Church of which
she was a member, and lived a chris
tian life from her childhood to her
death. Miss Mary was a faithful at
tendant to her chi rch as long as she
was able and did all the good- she
could in the revival meeting* and she
seemed to enjoy it. Miss Mary was
laid to rest in her old churchyard bury
ing ground Jan. 18th aboat 1 o'clock.
Her faneral was prtaehed by her
pastor, Rev. Mr. Mitchiner. It was
indeed a shock to all who knew her to
hear of her sadden death although aha
had been in feeble health since her
girlhood
That night as she retired she said,
"I hope we will sleep good tonight."
In the night her sister heard her
struggling and thought she was dress
ing and got up aud went to her bed
room raised her head and ealled her
But sister could not answer ao she low
ered her head and brought one more
breath and took her flight to heaven.
Yes Miss Mary is sweetly aleepinr in
her newlv made grate today, and we
are weeping for our sister gone away,
she is sheltered in his everlasting arnas
for to God she bss oosotaitted all the
keeping of her soul, May Sod wi s
rules all things coca fort the heart
broken Sister and bratfcar ia law and
give thea all grace to bear Uieir afiic
tion and troubles, while ' here in this
world and at last save as for Christ
sake. Amen. .jy ^
It's the same old leap year
never lives ia to itajHOspocfci*.
THE MOVIHC PEOPtE
THEIR MOVEMENTS III AMD
OUT OF TOWN
Those Who Have. Visited Louis
burg the Past Week? Those
Who Have Gone Elsewhere
For Business or Pleasure.
Representative J. A. Turner a peat
Sunday at home.
Mr. K. P. Hill re tarn ed froas the
bora* marketa the paa? week.
Hon. T. W. Biekett, Attoraey-Gen
aral, spent Sunday with hia family here.
Mesdames J. W. Hollingsworth, H.
U. Taylor, and F. A. Ri? spent Thurs
day in Baleigh. *t
Mr. J. R. Collie, Chief Clerk to
Hooae Claims Committee, apent Sun
day in Louiaborg.
Mr. Mormaduke Hawkins, of War
ranted, spent Sanday la Loukburg,
guest of Hon. T. W. Biakett.
Representative i. A. Turner re tarn
ad borne Wedaeeday, after the ad
journment of tbe legislature.
Mr. J. B. Thomav, who has been fill
ing oae of the Clerkahipe at- the legis
lature returned borne yesterday.
Mr. C. C. Hudson returned Saturday
fresa a trip te Vaughn, where he in
forma us he aude quit* a large furni
ture deal. * ?
Mr. O. H. Harris left Sunday far Ashe
yille to represent the Louisbarg Camp,
Woodmea of the World at the Head
Camp Meetiag.
Mr. Clarence Stimpsoa, Of States
Tilie, was a visitor to Loaisburg the
past week, quests of his sisters,
Mesdame* F. B. and D. F. McKinne.
Miaa Emma Underbill returned the
past week from Baltimore and New
Tork where sBe purchased a large stock
of .ladies millinery and ladies dress
gaods for the Wood Supply Co., at
Wood..
Mra Annie Loy, who so suseessfully
toodueied the millinery department of
fr. S. 4k K. K. Aliens establishment
tbe past season, arrived in Lauisburg
tbe- pass waek sod will resume her
same dntias as this popular store.
At Cajkicr-CrawtM's
Will be seen fro m their display ad
vertisement on oar last page this pep
alar firm is announcing a big stock 0/
the season's latest goods. They are
alse cnnousjeing their spring millinery
opening for next Wednesday and Thars
day. #n this occasion they expect to
show many new ideas and their dis
play promises to be one ef especial
beauty. Their openings heretofore
hare been highly ap^riciated and en
joyed by the ladies of this section and
the one this year gives promise of es
pecial effort on the part oT the popu
lar proprietors in excelling anything
they hare had before. Read their ad
vertisement and call in to see them.
A Card 6f Appreciation.
By a unamieus voce the teachors of
Franklin county wish to express their
appreciation of the valuable aid given
them by the superintendent and super
visor. Their wise counsel and hearty
sympathy has stimulated each to give
more efficient service. This is shown
by the increased interest in the com
munity im every phase of the work. Jfo
better spirit of ceoperatiom could exist
between teachers and supervisors than
has existed during the past. It is the
desire of every teacher that we may
have the privilege and pleasure ?f con
tinuing to work under such congenial
leadership.
Mr. G. M, Beam,
Mas M, E. Williams, I
Miss Fallib Allen
Committee |
The Legislature'
Raleigh, March 12? All the work of
the legislature with the exception of
the ratitcation of a large aumber of
bills t was flniahed by one
thirty Wednesday afternoon. the
two houses taking a recess at that hour
to meet again at threa o'clock to cake
up the ratification of bills and te ad
journ sine die lssmediately afterward.
Practically all of tM*business of the
House was inishsd Tuesday night the
Senate not getting through with all the
bills until this afternoon, Over half
a hundred .bills waa killed in the Senate
thisaomlni the members being in no
disposition to take up discussion of
measures that met the slightest oppo
sition.
Las* taturdsgr tfcs Speaker of the
llsuae and the. President of the Senate
wore the recipient^ of two very hand
so im chests of silver the gifts" of the
rnenbqf* of the respective houses. The
various employees of thfc Uousj and
legislators.
While a large amount of work that
the two houses aet oat to accomplish
waa aot written into law, still many
lawa that will tend ta the upbuilding of
the atate in all ita phaaea were pasaed.
Many lawa ol a progressive nature aueh
aa aix months schoal terra, compnlaory
education, a corrupt practices act, a
aearch and aeiiure law, a law for the
parole of atate convicts under certain
circumstances, lawa looking to the
settlement of the freight rate discrim
ination, Judicial reform, etc., were
passed /
Representative J, A. Turner, ot
Franklin county, proved- a valuable
member of the House and waa given
several very important cammittee as
signments. He anawered every roll call.
Last night he waa appointed chair
man of the Houa? committee that is to
investigate the affairs of the several
atate departments
MR. FRANK FITZGERALD
of New York City.
The aotod singer who will assist Rev.
A. D. Wileoz of the Methodist church
in a series of Meetings to begin on Son
day, March 30th. He stands high in
his profession and our people may jn t
peet some exceptional vocal masic.
^WHjqOamng
?n another page will be found some
yery interesting facts about the new
spring goods and the millinery opening
of P. S. & K. K Allen. This opening
will begin tonight and last through Sat
urday and Menday. They have a lot
?t beautiful goods on display and it
will be to yeur interest to both read
their advertisement and visit their
store.
Moving Pictures
Manager E. S. Ford, of the local
Opera House, informs us he has em
ployed Mr. B. L. Wilson, of Oxford,
an experienced moving picture enter
tainment manager, and will give the
people of Louisburg an up-to-date
moving picture show every night. Mr.
Ford intends trying out this system one
month and if the people show their ap
preciation iuficiently to justify him in
doing so he will continue it permanent
ly. He says that he will make a com
plete change each night and expects to
aae only the best. The shew started
Tuesday night and the pictures shown
have been of a high order. The prices
will be the -popular 5 aad 10 cent
prices ef all the other shows of this
kind- Tbe people should go out aad ea
couragc this feature, as shows of this
kind can be wonderfully educating as
as well as amusiag.
The Orphans
The aDpearence of the Oxford (Or
phans at the Opera Heuse here oa last
Moaday night was greeted bv a latge
house and their entertainment wat
highly enjoyed by all. The many re
citations, songs etc , go t* show the
careful training these young children
get, and shoald, and does appeal te the
publie generally The children did ex
ceptionally well in their performance
here and their visit as is always the
cast* was a welcome ene.
Banks t* Close
We are requested to state that the
banks of Louisburg will close Easter
Monday. Those having business with
thtaa institutions will bear this ia mrnd.
Ill Meaiorl&n
Died March 2nd, in Nashville hi, C.,
at the home of her son. Mr. W. G.
Harper, Mrs Tir^mia Stokes Harper,
after an illness of a few short hours.
Death came at the close of a beaotifal i
?ftbbath day as soft' and peacefully as
day changes to ntfbt, to passed thie
lovely spirit in it* light, from- a world
ot sorrow and care to leahns ul1 li#rt ?
above. t
When her beloved children rwW
her bedside she had already (si lea
asleep in J en as. Mrs Harper was edu
cated at Lk>aisburg Female college, was
converted while at school la a sunrise
prayer meeting and Joined Heifer*
Methodist ,^huroh.
At the early age of sixteen her father
died leavinc upon her young shoulders
the care of her invalid mother and twe
young sisters, but she was equal to the
task set her, for she became the stay
and comfort ot her mother, the guide
and counselor of her sisters.
The beauty of her character was sa
inspiration to all with wljpm she caose
in contact her self reliance and thought
for others made her .a tower of
strength to the bereaved and distress
ed. Her pure christian life will shiae
as a beacon light across the weary
years, until her loved opes meet bet
again,
In 187$ she was Married to llr. Joka
Harper of Nashville N. C. He proceed
ed her to the grave and again she vaa
left alone with a burden of love In the
care and rearing of hirslx children all
of whom survive her.
Her home life was ideal for she wat
the impersonation cf what a mother
and home-maker should be. She proved
to be a loyal friend, and named ,l?er
friends by the score. She was tender
ly laid to rest st her old home near
Nashville where so many happy years
were spent. Mrs Harper was a sister
of Mrs E. S. Green of Louisburg IT.
C, The sons and daughters of this
good woman are, Mr. W. 6. Harper of
Nashville, Mr. Norman Harper, Mrs
John Cooper, Mrs John Drake, Mrs
Chappell, Mrs Newby, have the deep
est~sympathy of the entire community
in their great sorrow, "God touched
her and she slept."
A School Fribnb,
Popes Items.
We are sorry to state the misfortune
that Mr. W. M. Perry had on last Sua
dar night. About four o'clock he was
awakened by the roaring flames from
his house. He and his six children
barely escaped in their night clothing.
Every thing was barned but one bed
? sewing machine and one trunk. He
had just layed in his year* supply of
fleur and other groceries. At this time
hi* brother was a corpse at his mothers
hone about three hundred yards f mm
hi* house.
Mrs. J. T. Holden entertained a host
?f friends last Thursday night. All en
joyed the Qne music.
Misses Carrinna aail Zelma Holmes
entertained a large number of friends
Friday Bight. The cake cutting waa
very interesting.
The night of George Washington's
birthday was very pleasantly speat at
Mr. J. H. Cod vers home complimentary
to Mieaea Gertrude Winston, and Lil
lian Martin, of Youngsville, visitors of
Miss Sarah Conyors, of Popes.
Messrs J. H. and R. L. Conyers, and
G. H. Pergerson took in the inaugra
tioa at Washington last week. They
visited Baltimore and several other
places, but the writer didn't see aay
place that ke liked as well as Fraaklia
county.
Miss Adciie Breedlove's school closes
Wednesday. Miss Addie has made
many friends about Popes and filled
her place well and has won the conf
deace of her pupils. We trust that we
will be lucky enough to obtain her
again.
e. H. p.
Pousville Items
We are glad to know that Mi<a
Hattie Neal is able to be back at
her school again. ^
Mr. Busby Brans has moved to bia
old home place.
Miss Annie (luptoa visited her auat
Mrs Bob Striekland, Saturday and
Sunday.
Mr and Mrs. Lee Kennedy, of Red
Oak, spent a few days with Mr. C. 0.
Kennedy la?t week.
Mr. Sam Tkompsoa, Misses Lutie
Thompson, and Luna Gupton, of
Centeryills, were pleasant callers at
the home of S. M. Parrish Sunday
afternoon. '
Messrs D. M. and George Nelma
went to Nashville on business this
week.
Several of the people aroand here at
tended the Upehureh-Parrish mrrriage
at #enterville Tuesday evening.
The Sandy Creek school is getting
ea aicely. Teachers and pupils are
both working hard to get up a cos
cert.
The young people around here are
anticipating a aice time Bastes, sa
* pienlc **