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