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A HOME PAPER FOR HOME PEOPLE-ALL HOME PRINT
VOLUME-XYIII
BREVABD, NORTH CAROLINA. FRIDAY. SEPTEMBER 1913.
NUMBER-36
SUPERIOR COURT
The fall term of Superior conrt
met Monday morning at ten o’clock
with his Honor M. H. Justice pre
siding and Mr. Hall Johnston of
McDowell connty solicitor^ The
court was organized in a remark
ably short time and before the
noon recess a number of cases were
disposed of. The charge of his
Honor to the jury was very brief,
but comprehensive, and at no time*
did the judge bother the minds of
the jury by legal phrases and ques
tions of law, but left them to use
their common sensfe and judgment.
On calling over the docket of crimi
nal cases it w^as found to contain
fort^two cases, but a large num
ber of these were contiiiued for
various reasons. Several defend
ants had not been taken, and in
others important witnesses were
not present. It is probable that
the grand jury will add a number
of cases to the docket before their
deliberations are completed.
The following gentlemen were
sworn in as a grand jury: J. M.
Thrash, foreman, R. H. * McCall,
Clyde Ashworth, J. W. Burns, F.
C. Cisson. J. E. Thomas, W. L. Sen-
telle, M. H. Fowler, J. D. Owen,
D. H. Thomas, D. S. Morgan, J. R.
Eiigland, T. S. '.Vood, Jr., J. L.
Gravley, John Merrell, Amos Mc
Call, P. J. Woodfin and J. McD.
Cantrell.
On taking up the docket the fol
lowing disposition was made of the
cases below given :
State v. Dillie Ow«n, breaking
jail, capias and cbhtinued.
State V. Eule Robinson, larceny,
nol pros.
State V. John D. Galloway, forni
cation and adultery, capias and
continued; defendant not takes.
State V. Tom Conler, killing
stock, capias and continued.
State V Bob Curry, abandon
ment, nol pros with leave.
Stat« V. Elzie Tinsley, al^ndon-
ment, nol pros with leave.
State'V. Reuben Reid, retailing,
nol pros with leave.
State T. Asbury Cantrell, retail
ing (two cases), 'capias and con
tinued.
State V. Riley Medlock, retailing
(two cases), capias and continued.
Stat« T. H. P. McGee, carrying
concealed weapons. This case was
an appeal from the judgment of
the recorder, and after the case
was put on the docket of the Supe
rior court the defendant decided to
pay the 1100 fine taxed by the re
corder and so the appeal was with
drawn.
State and C. C. Duckworth v. J.
M. Zachary, failure to work the
roads. This case was an appeal
from the costs. It will be recalled
that this case was in the recorder’s
court a short time ago, and at that
time the defendant Zachary was
found not guilty and the costs
were charged to Mr. Duckworth as
prosecuting witness. It was from
the payment of the costs that the
appeal was made. When the case
was called in Superior conrt Mon
day morning Mr. Duckworth was
not in the conrt room and so the
appeal was dismissed and the costs
taxed to Mr. Duckworth.
State V. Mick §mith, retailing.
In this case the question of whether
the Superior court or the recorder’s
court had jurisdiction was raised.
The case was sent to the recorder,
where he was found not guilty.
State V. Alf Smith, retailing,
sent back to the recorder’s court,
where he was found not guilty.
State V. J. F. Cisson, larceny.
In this case it was charged that
the defendant, a very old man, had
taken timber, tan bark and cross
ties from land adjoining his own.
The state failed to make a case,
however, and Solicitor \ Johnson
moved that the defendailt be de
clared not Koilty.
State y. Charley Jennings. John
Robinson and Jack Robinson, fail
ure to list taxes. The plea of the
defendants was that they were
guilty, but they bad no notice as to
the proper time to list taxes. On
their showing that they have sin^e
li»ted and paid the taxes the court
dismissed them on payment of the
costs.
The first trial by jury came when
the case of State v. Ed Wilson was
called. He was charged with dis
turbing religious worship, the
singing convention at Rosman a
few months ago. It came up on
Appeal from the recorder’s court
where he was sentenced to six
months on the roads. The jury
found him guilty, and the judg
ment of the coutt was that he work
six months on the roads if he could
not pay $100 and costs.
State V. George Fortune and Rob
ert Smith, housebreaking. De
fendants plead guilty to trespass.
Judgment suspended on payment
of costs.
State V. T. Razook, pedding with
out license, sent to recorder for
trial.
Stat-e V. Art Banthr and Dock
Banther, disturbing religious wor
ship, judgment suspended on pay
ment of costs.
State V. Fred Gash, forgery. In
this case it was charged by the
state that the defendant had erased
the name of the purchaser of an
express money order and had sub
stituted his own, and sent it to a
liquor house in Tennessee. After
the jury had returned a verdict of
guilty the court sentenced him to
the roads for ten months. * On
questioning the defendant the
court added two more months to
the sentence, possibly because he
denied his %nilt, although the evi
dence against him was unshaken.
State V. Pat Henry, Dock New
man and Wesley Allen, trespass.
Not guilty as to Henry and Allen.
Newman had not been taken, but
as he was no more guilty than tne
other two a nol pros was taken as
to him.
State V. W. E. Fagan, fornication
and adultery. Defendant plead
guilty and was sent to the roads
for twelve months. In this case it
appears that the defendant was
married in Rutherford county five
years ago, that about a year ago he
left his wife and child there and
came to this county and married
again, his second wife not knowing
anything about the first. Both
wives were in court, and although
the brother of the first wife was
the principal state’s witness the
first wife wants to get her husband
free to live with him again. It
was testified by her brother that
her property had all been squan
dered by the defendant, and al
though the first wife had been de
serted she still wanted him back.
State ▼. Will Norris, assault. The
recorder tried this case and sen
tenced the defendant to twelve
months on the roads It appears
that the wife of the defendant had
cursed him and called him a vile
name and that he had struck her.
The verdict of the jury was that
he was “guilty, but justified.”
Judgment $5 and costs.
State V. Will Norris,. assa|^lt on
his mother-in-law, f5 and costs.
State V. Coy Morton and Craw
ford Morton, assault with a deadly
weapon (two cases), capias and con
tinued.
State V. Ed Waldrop, retailing,
eight months on the roads. This
case was pe<}nliar in one way. The
defendant was charged with selh
ing a pint of whiskey to a man who
was out of the county at the time
of the trial, and in the examina^
tion of another witness it was
found that he (the witness) had
bought a gallon ^and three quarts
from the defendant.
State V. Ed Waldrop, retailing,
judgment suspended on payment
of the costs.
State V. V. Fontaine, assault.
This was an appeal from the may
or’s court, where the defendant
had been fined 120 and costs. The
court, after hearing the evidence,
changed the fine to f 10 and costs.
State V. Flora Duncan, retailing,
capias and continued.
Stite Y. Bunyan Mills, seduction
under promise of marriage. Only
th^ prosecuting witness, Loratta
Aiken, was examined in this case;
aftei: her testimony it was shown
that a marriage contract had never
TWO STILLS DESTROYED
Since his appointment to the
revenue service Chief J. A. Gallo
way has been very active in de
stroying various “moonsbiije”
plantsiin the western section of the
state. Already in the month of
September he has two to^is credit.
On Monday Chief went to Wolf
Creek in Jackson county and cut
up a still, all by himself. He says
that a number of shots-were passed
between himself and the block.-
aders but he did not get the men.
He got evidence enough to convict
them, however.
On Tuesday Mr. Galloway, ac
companied by Mr. F. V. Whitmire
of Brevard, went to a place near J.
F. Cisson’s and destroyed another.
Wednesday Mr. Galloway and Mr.
Whitmire went to-*but that possi
bly will make another story. They
haven’t returned yet.
A SERIOUS ACCIDENT
Mr. T. B. Connor, an employe of
the Carr Lumber Co., at Pisgah
Forest, Jhad the misfortune to lose
the four fingers of hi? left hand
while at work in the mill last Thurs
day.
Mr. Connor was employed in look
ing after what is known as the “live
rollers” which convey the freshly
sawed lumber from the big saw to
the “edger,” and in some manner
got his hand caught in the gear of
the rollers.
His hand was so badly ernshed it
was found necessary to amputate
the four fingers and a part of his
hand, leaving only the th^mb and
a stump of the first finger.
Mr. Connor, previous to his em
ployment at Pisgah Forest, was a
deputy sheriff of Henderson county,
his home being in Hendersonville.
JUNIORS MAKE PRESENT
SPECIAL SESSION
The recorder’s court met in spe
cial session Saturday mortiing for
the trial of the two cases against
Owen Orr which were continued
from the session on Monday of last
week.
In one case the defendant was
chargod w^ith carrying a concealed
weapon to-wit, a pair of knucks,
and in the other a charge ‘of tres
pass was.entered against him.
It seems that the defendant went
to Mr. W. S. Ashworth’s commis
sary on Cathey’s Creek and got
into a. misunderstanding with Mr.
George Shuford, the man in charge,
about llis account. He was or
dered from the place and got into
a scufiie with Mr. Shuford and
drew a pair of knucks out of his
pocket.
After hearing the evidence in*the
two cases the recorder declared
the defendant guilty of both
charges. For carrying a concealed
weapon ho was fined $100 and costs
or three mouths on the roads. Por
trespass he was fined $50 or thirty
days. Formal notice of appeal was
entered and bond of $200 in each
case was made.
At the session Saturday morning
the recorder ordered the cl(?rk to
issue capiases for all defendants
and prosecuting witnesses who had
not paid their fines and costs in
full.
Mr. Brooks Wilson bought at the
legal sale last Monday the E. W.
Carter residence on Hamlin hill.
existed, and that therefore the de
fendant was not guilty. The case
was dismissed.
State V. B. Henderson, disturb
ing religons worship—the singing
convention at Rosman. This was
an appeal from the sentence of the
recdWer ot six months. The jury
found the defendant guilty but
recommended mercy on tlie part of
the court. $75 and costs.
State V. Boyd Barton carrying a
concealed weapon—a razor. In
this case the defendant had been
fined $100 and oosta by the re
corder, from which he appealed.
The j^ry declared the defendant
not gnlltj.
Last Sunday afternoon, begin
ning at 3 o’clock, there was an in
teresting pi^ogram of exercises at
the graded school house, the' occa
sion being tlie presentation of a
Bible and flag to the school by the
Transylvania Oounpil Junior Order
of United American Mechanics.
The Juniors met at the frater
nity hall and thence marched to
the school house in a bodjv.^ The
exercises were opened with a POfig,
“America,” by the congregation,
and prayer by Rev. A. J. Manly.
An oi>ening address was made by
Mr. E. C. Neill, in which he made
known the object of the meetiijg
and some of the aims and ideals of
the Junior Order. This was fol
lowed by another song, after which-
Mr. M. A. Johnson, one of the
order, made an address. Mr. John
son had something good to say and
said it well, his speech being much
appreciated -by the Junior mem
bers and others.
^ Mr. Johnson was followeA by
Mr. T. C. Henderson, also a mem
ber of the order, who read *an in
structive and well prepared paper.
After another song the presenta
tion ceremony took place. Mr.
Henderson, in the absence of Rev.
C. M. Carpenter, gave a large,
handsome Bible in the name of the
Juniors to Mr. Arthur Ranes, prin
cipal of the school. Mr. Ranes in
accepting re.sjwnded appreciatively
and made a bright, cheery talk.
The flag—or rather a substitute,
the real present not having arrived
—was presented by little Mi^
Geneva Neill for the Juniors to
Miss Hattie Aiken, who responded
briefly for the school, and explained
to the^children the meaning of the
flag and its patriotic symbols.
The audience adjourned to the
grounds and witnessed the hoisting
of the flag cn the •front of thf*
building by the members of th«
ordt^r, Messrs. William Miller,
Perry Galloway and Harvey Rog
ers.
In the speeches made during
these exeVcises the people were
taught a good deal about the
Juniors and what they stand for.
A leading principle emjihasized by
the speakers was the reading of the
Bible in the public schools. In
view of the opposition to all kinds
of religions instruction being
urged in various parts of the coun-
try, this ceremony of the Juniors
assumes a deep significance and en
titles the order to a high place
among the fraternities.
ALDERMEN MEETING
COURT ADJOURNED
The sessions of the Superior
court came to a close Wednesday
afternoon. For various reasons a
•very few cases on the civil docket
were ready for trial and so the
work of the court was very limited.
All men who were sumfiioned to
appear next Monday either a.s
jurors or witnesses are notified
their presence will not be neces
sary.
GRANT FAMILY REUNION
The board of aldermen held their
regular monthly meeting for Sep
tember in the mayor’s office Mon
day night. Only a tow matters of
business came before the meeting,
but the few that did come up were
of a^very important nature.
A committee from the Forward
Movement Association, consisling
of Revs. Chapman, Norwood and
Cross, came before the board want
ing to know why the Sunday clos
ing ordinance, passed at the last
regular meeting, was not b^ing en-
forc€^d. The committee rlpported
that one of the drug stores had
been observing the new law but
the otherJiad not.
^The trouble about the matter
seemed to be that^ the ordinance
had never been published, an\
therefore could not be enforced un^
til this was done, whereupon theyf
urged the board to have the ordi
nance published at once.
Mr. W. E. Breese, Jr., represent
ing property owners on the east
end of Main street, cume before the
board and asked that the street
paving be extended three hundred
and fifty feet beyond Franklin
street, which would take the pav
ing to a point near the entrance to
the Hoardman place. The request
was granted.
Mr. T. H. Galloway was elected
as a member of the board of alder
men to take the place of Mr. J. E.
Cox, resigned. Mr. Galloway will
probabl> take office at the next
meeting of the board.
The usual claims were allowed
and ordered paid.
FUNERAL OF GEORGE HAMLIN
Messrs.. L. M. Grant of SpaVtan-
burg, S. C, J. M. Grant of Phoebus,
Va., and T. C. Grant of Dalton,
Ga., arrived Tuesday for a visit to
their father, Mr. O. P. Grant, who
lives at the Allen England place on
King’s creek, near Brevard. Mr.
J. M. Grant is accompanied by his
wife, who is a daughter of Mr. R.
T. Aiken of Brevard.
This is the first time the three
sons and their father have been to
gether for ten years, Messrs. L.
M. and T. Grant will only re
main here for about a week or ten
days, while J. M. will probably re
main until Christmas.
The oldest of these sons is now
past sixty-one years, and upon his
arrival at his father’s home Tues
day afternoon he found the old
gentleman nursing his b»by, aJad
of eight months. Mr. O^ P. Grant,
the father, is now living with his
third wife. Although he is tiow
tpast eighty-eight years old he is
I abje to stir about as well as the av
I erage man of sixty years.
The body of George Hamlin, who
was accidentally killed by a fulling
tree in a logging camp in Washing
ton state, was brought to Selica for
burial last Monday night. The
funeral services took place at Cath
ey’s Creek church Tuesday after
noon. The sermon was preached
by Rev. R. D. Cross. The pall
bearers were : Messrs. J. W. Smith,
C. M^ Doyle, Sam McKelvey,
James Dean, Joseph Barton and
Charles Jollay.
Mr. Hamlin was twenty-eight
years of age. He was the son of
Mr. P. C. Hamlin of Selica and a
brother of Mr. Lewis Hamlin of
Brevard.
BOYS AND GIRLS OF BREVARD
At the opening exercises of the
graded school Rlonday morning
Rev. E. H. Norwood conducted the
devotional exercises, at the con
clusion of which he read thp fol
lowing original poem:
The boys and girls of Brevard
Are the oties who will try very hard;
In the battle of life they will win every
strife—
Will the girls and the boys of Brevard.
The boys and the girls of our town
Are the men and the maids of renown.
Of the years that shall come when they’ve
made a good home.
The boys and the girls of our town.'
The boys and the girls in their homes
Are like kings and queeas^Mt their thrones;
They wo^ foi the right and trust in God’s,
might;
In the hive there’s no use for drones.
Then let's honor the youth of our city,
May they be happy, wise and witty,
And leam in our school the “golden rule”
That makes boys strong and true., girls,
pure and pretty..
Oh boys and girls of fair Brovard
We are tru^iog you and praying hard>
Don’t disappoint our trust, for win you
must— *
Be brave, boys and girls of- Brevard.
Caught a Bad Gold.
“Last vrfeter my son caitslit a
very bad cold andthe w^y he
coughed was something ^eadfnl„”’
writes Mrs. Sarah' E. Dnncan of
Tiptoil. Iowa. “We thought sure
he was going into oonsnmption*
We bought just one bottle of Cham
berlain’s Cough Kemedy aBd.^tbat
olie bottle stop]^ his cough find
cured his cold completely. V For
sale by M. Macfie. ■ adv