i r The The Albemarle News Established in 1880. Sternly yt --A-y: 11 e ws-Herald Thirty-Ninth Year. November Term Superior Court Convened Monday Several Cases Have Been Disposed of-Now on Murder Case Judge McElroy Delivers Mastertui Charge. Albemarle. N. C. Tuesday. Novpmhpr 93 1920 F NEWS ITEMS OF FORMER STANIYRflYR 5IAIE WIDE INTEREST! Digest of Happenings of Week Gleaned From the Files of Our Exchanges. MAKING ABIC SUCCESS A regular terra of Stanly Superior Court for the trial of criminal cases convened here on Monday morning with judge P. A. McFlroy, of Mar snail, presiding, and Solicitor W. E. Brock, of Wadesboro, prosecuting, J. C. Bostian was chosen foreman of the grand jury, which is composed of the following named men: J. C. Bostian, Foreman; D. C. Kluttz Jordan Huneycutt, Ed C. Kirk, J. F. Niven, M. A. Whitlock, Will Mann, J. A. Ritchie, John W. Earnheardt, W. D. Mann, V. L. Mills, J. 0. Clay ton, Thomas L Miller, T. P, Lowder. W. R. Young, Berry Lowder, Eben H. Harward, F. E. Ross. A number of cases have been tried and disposed of, among them being the case of state vg. Joe Harrol and Manuel Scott, charged with assault with intent to kill, and robbery. They were both convicted and sentenced to ten years each in the state prison at hard labor. The case of state vs. John Horton, charged with attemtp ing to manufacture liquor was heard and the defendant adjudged not guil ty. Verney Wall, colored, of Albe marle, was convicted of assault and being drunk, and was fined $190. Lon Huneycutt, charged with receiving sto len goods, was adjudged not guilty. 11. aavnes was found raiitv r W larceny. The prayer for judgment against him was continued until the next term of court. John Whit was convicted under a charge of tempo rary theft of an automobile and was sentenced to a term of six months on the chain gang. Possibly the most important case to come up during this term will be the case of state vs. George Culp, charged with murder in the first de gree in connection with the killing of James Sides, near Misenheimer on July 18th. Culp was arraigned in court and plead not guilty. A special venire was ordered, consisting of 30 men, and the case was set for trial tt the afternoon session today. We shall give a full report of this case in onr next issue. The following are serving as petit jurors: Broadus Yow, J. B. Spence, J. S. Johnson, H. M. Poplin, Z. T. Cran ford, Titus Whitley, J. D. Harkey, W. .L Austin, T. T. Johnson. Mike Parker, Walter Simpson, Amos L. Lowder, Raymond Brooks, W. O. Pop lin. Judge McElroy's charge to the prod jury was both interesting and instructive. The following are some attracts from the judge's" charge: It was a requirement of the Com mon Law in England, which has be come a part of the body of our law this State, that a , - -w - ui4 v w. J , merit the contempt of all good citizens. "No man is above the law, and no man should be too high to be called to account and put upon trial by you to answer for his primus r;f I should any man be too humble to merit your protection from oppres sion and malicious prosecution. "Under our system of government. the individual citizen is the Creator. Through his duly elected representa tives he enacts our laws and estab lishes our courts and delegates to the courts thus established the dutv nf n . f. . ...i 1 . . 4.T.- 1 ....i me jaws, vesting m them, even, the power of life and death over the individual citizen, their treats r. Upon the manner in which we execute the trust thus imposed in us, depends in a great measure, not only the life and stability of our Government, but the peace, good or der, happiness, security and prosper ity or the individual citizen. "Your next duty, Mr. Foreman and Gentlemen, after acting upon such bills as you may have before you, is to make presentment into court of all violations of the criminal law that have occurred to your knowledge, or of which you may have reliable infor mation. This provision of the law nas Decome almost a dead letter by non user, by the grand juries of the state. And yet, if enforced and car ried into effect, as intended bv le law-making power, I know of no wis er provision in the entire body of the law. Coming as the various in in NEWS FROM EVERYWHERE Is Auditor of Famous Photoplay Corporation and is Fast Mak ing His Mark. Professor C. Depler, head specialist at Grace Hospital, Paris, says that he has established positive proof that anyone having had influenza is im mune from further attacks, and his discovery was made by inoculation a volunter patient with microbes of lajrrippe during the epidemic of 1918 and 1913. -The first time this patient was inoculated a severe case of "flu" resulted. Later the same n,irient HE HAS A BROTHER HERE 'Clau-'e E. Miller, a former Stanly boy, is now located in New York Citv as auditor for the United States Pho toplay Corporation, a two-million dol lar concern that is engaged in the production of super-feature picture productions, The Stanly County Herald Established in 1919 $2.00 Per Year in Advance Speedy Justice Meted Out To Negro Hold-up Men " J m Two Negroes From , Badin to Ten Years Each at , -.. ,. Hard Labor. i In our last issue we carried a brief account of the mix-up with Badin officers and two negro desperadoes, wherein Captain R. A. Shiplett of Ba- moving din was shot. We clip the follow- in CT (lorn - . j. rrn n . . He has been with the firm almost ! Tribune of last Saturday: to the door of the kitchen. Chief Ear ly said that when they did this, the other negro broke for the door, and also the women who were in the room, and that he shouted to Mr. Shiplett to cover the one in the kitchen and ran out on he porch, where a scuffle If- T A ri r i . . . I . 1. 1 ... several mnnti,0 w u- A Z uul"cll cunuucior on tne i "1IU wn.cn time .Minn e wile" th executive off? -Winston-Salem Southbound, was shot I Dry was shot by a stray bullet from was inoculated in the same way, but j E;;'"" 'erf first '"cated- It was,' tending to capture late Wednesday fatal. The negro broke and ran and the disease dul not develop. ?,e L n V h !:f;1 The affair took place near! the Chief gave chase, firing hTm tbe bus,ness olF,ct's neon the base of , Tuckertown and Mr wti I four r ;.. u' ... . " Rosa,!; that is, the studios at Grant- rushed to the Badin 'Hospital ere! ran him and got into a 2ZZtT. on the famous Palisad- he underwent an operation, and it is ! her. stated that unless other complications set in, he is not seriously hurt. Luther Burbank, of Santa California, says he will annoum-P th I ' W00(1 N- J creation of a number of new fruits I Hudson River. cereals, flowkers and plants with the L er was graduated from the dawn of the new year, 1921. One of these new creations is a tomato pep per, which is said to be very sweet, and quite an addition to the vegetable Kingdom. Burbank has also created a new kind of strawberry plant which he" says will bear throughout the sum mer. He has also created a new bar ley which is beardless and a new kind of giant rye. Other creations are a new wainut, several new species of bamboo tree, and the curly leaf kale, statement snv The beginning of the affair started " , ,aa the em P01S at the on the Southbound train earlier in the k When sud(ienly he grab- Mr. Shiplett's New London High School, and attend ed the Univers'lv nf Mnti, - """" vtiiuinia.1" v uU,,uuu,,u nam earner m tieiu.j . s - He has a brother, Dr. Chas. I. Miller, 'same evening when Chief T A EMrl g . s arm and commenced biting his a dentist, in this city, and his parents, ; was returning from Winston-Salem. a I- .8cuffle of severl minutes' mr. ana Mrs. L. W. Miller, live at lne conductor of the train tola Chief Richfield, near here. I Early there was a negro in the uDner He was recently admitted to mem-'cnr who was acting suspiciously and bership in the American Technic! i thought that he had been in son. ' . ni jiiiiiuies duration took place with the result of tne negro securing the pistol and shooting Mr. Shiplett twice, one ball entering the left arm at the elbow, Society. As a hustler, there are W 'meanness. Chief Early walked to the IT . PB tte bone and from ich US. J . .. car Hnnr . -i. n. ne WI" "aVe 8 Stiff arm. and tha nib, bers of your body d, from almost every section of your county, it is im possible for the law to be violated persitently and for any length of time without that fact coming to the knowledge of some member of your body, and by that I do not mean that you must actually be a witness to the violation, but I do mean that if you have reliable information that the law has been violated, that it is as much your duty to make a pre ieverai Georgia banks, starling witn a nucleus of $1,088,600 capital, will organize the Federal Internation al Banking Company, desiring to open tne way for exporting cotton, and thu to establish permanent high prices for that commodity. Other cotton raising states will be requested to join in this movement. According to a news dispatch, the German Government no longer con siders itself bound by the clause of the Verscailles treaty by which Ger many surrendered her colonies to the Allies. who can equal his record. Starting car door and tol look at the negro with the corporation, he rapidly pro- and t(!Id conductor that he would vea nis value, and the post of audi-rlve5"ale ft St into his ter- tor was soon offered to him. ritory. After passing Tuckertown At the present time, Miller is pre- Chief Early went ,nto nero cr paring to Btudy higher accounting at and 8:rabbed th neSro by the shoulder Columbia University, and by the time ' and asked him what he on nim- tne corporation issues its initial re lease, "Determination," he will easily De one or ttie valued members of the firm. The Bank of Landisvjlle, Pennsyl vania, was robbed of $100,000 in lib erty bonds and securities by three men last Tuesday night. The bank of sentment of it as if it had actually las8Twf a., was robbed on Friday occurred in vour Dresence. 5?n An n.-.t nlSnt Dy three bandits of $150,000 in delude yourself with the thought that 1 i:Derty bon and currency, it is not vour dutv to make a nrpspnt- I niPTlf lOilQ XrrtM fll a Hit A1A vin .. ' William ..... . . u.. . mwvmmx.j WV1 IlUb tX the law violated, for it is your duty to present every violation of which you have information, and information Mrs. Scales Hostess. Mrs. Key Scales entertained a num ber of her friends at her home on Saturday evening from seven thirty to ten o'clock. Two tables were ar. ranged for "Five Hundred." After several intere'sting games the hostess served delicious refreshments. The negro must have thought that he was arresting him for having a pistol and raised partly up in ais seat and was trying to slip his pistol out of me winaow, wnen Chief saw him and covered him with his pistol and told him not to move. At this the negro threw the pistol across the aisle into an empty seat. Chief then told him to go back to the empty seat in th back of the car, which he did, but just as ne stopped to pick up the pistol in ball entering the side and coming out eiow tne hip. Chief Early gave up the chase of his negro and returned to Mr. Ship lett when he heard the shooting. When he found that he was shot he secured a gasoline motor car that runn on the track and brought him to the hospital here. I Doctors Moore and Shaver prepared immediately for an examination, for it was feared at first that the shot in the side had punctured his intestines, but it was found that the shot was a glancing one and had only followed the skin, and was still lodged in tha fleshy part of his body below the hip. TVoln M A n n 4U. J,. . "I! .?.0,?il' 35 miles an hour. " i.i.uii.s, wiin tne insn movement for independence. the empty seat, the negro ran out of broken the skin and at first it the open door of the car and jumped I 8s .tnouht that it had gone through off the train, which was going at the l , y' 1 upon investigation the ir. anipiett came bullet was found through the operation splendidly and rested well during the night, and the latest reports from his bedside Friday are that he is getting along as well' fore entering upon the discharge of duties, should hp instructor! V... !. Jresiding Judge as to the law gov erning their deliberations and inves- "Kauons. And in obedience to that rt will endeavor, as ke plain to von th frim. I ..... , . . i-..-cs sua ice method o: cnhnta So, Mr. Foreman. anT7. H practical purposes, &e :"y is the fountain head of tbe'er law, the source from which all Nsecntions mnst flow. Such being case the responsibility resting up- J'"" as Grand Jurors of your coun ' freat indeed. You are an inte- Part of the machinery of the "tb of your State, and without ac- - your part, the Solicitor Jor -we and the Court itself "r P"secne nor try any one for "on of the criminal law. lierefore, the peace good order Kad, the community de" m a large measure upon the if mtelligence and honesty Htdrt -h y0U perform the import- V tL restms nPn yon nd yon On the one hand you should trivial offenses brought for f prosecution, and on the " you fail to indict those gufl mv0,U tefrrtions of the law, w ana me eonTts 1 rt fin Wrepste and mm yourselves of the witnesses who did see or know of the violations. You cannot shift the responsibili ty to others, for yours is the sworn duty. Neither can you shield your friends and prosecute your enenmies and preserve order and respect for the law. You must do your duty fearlessly and without favor if you would see the law enforced and re spected. Upon the' manner in which you perform your duty depends in a great measure the peace and good order of your county. The Clerk will provide you with suitable blanks up on which to make presentments. SECTION 1810 of the Revisal pro- es, that, "The grand jury of ev- ounty is charged with, and shall nt to the Superioor Court, the s of all orphan children that e no guardian or are not bound out to some trade or employment. They shall further inquire of all abus es, mismanagement and neglect, of all such guardians as are appointed by the Clerk of the Superior Court. The Clerk of the Superior Court shall at each term of the Superior Court lay before the grand jury a list of all the guardians acting in his county or appointed by him." "The orphan child is the ward of the court, and the law imposes upon the courts of the state the duty of pro tecting its interests. The section of The Revisal I have read yon, makes plain your part of the duty thus im posed, which duty I hope it will be your pleasure to perform, for if there is one person more entitled to the protection of the law than another, it is the helpless child who has no one to look after its interests and o pro tect it from the oppression of the un scrupulous. "I will also call your attention to Section 3261, of the Revisal, which While Chief Early was busy with the negro, his "buddy," who up to this i timA knJ (ia U - -i . t . . . TT-4 i i , - f W,JC "u ucvu connected witn mm. Handreds of school teachers from,:ran out 0f the car and h,mnpH an parts of the State of North Caro-!tr.m t :.... ., as one can be .xprtpH h m v, ... j , .... - . uiinuLcs ueinre tne otneri ' ,c CAHCvlcu , auena tne in. u. i negro. 'a peeay recovery, provided no other Teachers' Assembly, which meets in! Chief Early stated he looked out of comPlications arise from his wounds. Asheville Thursday, Friday and Sat-'the window and saw that the Chief Earlv ,,! . .it had landed upon his head and balanced land returned to the scene of the shoot- there for a moment before getting on ! ing Wednesday night, searching the in his feet. He savs that ip AiA .,! woods until info T)., .,,. : session at Geneva, Switzerland, has care to shoot, as he did not know of ; but did not locate his men, although ...v ..w,,t UMl Hitnuut too yi.ning iney nad (lone and HkkkuJ 1 traces were fnnnA r,f tl,..,.. urdav. The League of Nations, now S. Claussen, of Claussen. S. C, was killed by a train when an automobile in which he was riding was struck on last Thursday at Florence, S. C. I , , , ., 1 " """"UL u, "".vuniiK mey naa aone and dismissed ! traces were found of them. It was The taxable incomes of the United ! ite tn'ce JZJT Z th? negro ; stated that one passed a station going States increased in 1918 by over two This hone f. Z " "e ea ' ? S. .havm billions and two hundred and .... ,i,c jj iUr, naraing De- two million dollars, as compared with fore his election. Since the conven 1917. according to the statistics is-: ing of the League, fourteen other na sued last week by the bureau of in- tions have asked f.,r aHK. his hand. a gun in Chief Early says he thinks ternational revenue. ; members. Upon reaching Whitney and tr,ns-' 6 fherune as,he oes not ferring to Mr. Shirlctf. train, Chief !! 0- J Early told him about the affair and." "J th JUra?. frm the Mr. Shiuletta,!v,ntV,atw..-tl,;tra,n- AU the surrounding towns maybe they were th ve betn notified- and they are on - tf-ivn-.o niai ' u i i a. ... ,t One of the biggest receptions ev-1 Mrs. Harry J. Zemm, a prominent er accorded to a private citizen of Charlotte lady, committed suicide on tVlP T TT1 1 n, . CfQ4.ne. . 1 L ' I C... A .. .. i. vuiu was 1 1 ici i given : kjuin.a aiteriioon, giving as her reas- negroes that took part in the Gasonia affair that the papers have been filled with recently, when one man was murdered and two nresiden-elect Hardino- at NTpw nr.. ' on that W l,ncl,, t. . . """"i" were uaged, and also told leans last Thursday, despite the fact j that she had nothing further to live taken 0ll"UP t had that thionofthe strongest dem- for. provides, that, "It shall-be the duty Two women and seven children were tStwS. of each justice of the peace on or be- burned to death in a Quebec village! and make a hunt for the nein-oes fore Monday of every term of the su- Sunday night. The fire was caused they thinking they could not go very' perior court of his county, to furnish, by the explosion of a tank of gaso-jfar because of being hurt from the i ie wnicn set nre to a number of j jump off the train ,uses- . Mr. Shiplett, Chief Early and Po- 1 iceman Mabry returned to Whitney Thirty persons were killed in a pan- ' on the Souehern. Policeman Mabry the clerk of said court with a list of the names and offenses of all parties tried and finally disposed' of by such justice of the peace, together with the papers in each case, in all criminal actions, since the last term of the superior court and no indictment shall be found against any party wliose case has been so finally disposed of . ic in an Irish City last week due to staying on the train and iroinc to V the uprising of the Irish against the London, as it was thought that they British Government , might cut across the woqds and board j the train at the brick yard. Chief Wehbor TVu-.ir.la rlT.,.f- cT,;flr Earlv on.! IHr ci,;i. I..., .i. . ... - i iinriiii -...-.. uijiuitiL rj.L inp Train by any justice of the peace, Provid- of Snlu.h. S. C, was shot and in- at Whitney, ed, that this section shall not be deem-: star.-' "y lilled last week bv Elliott' an. i, a r,prm ri !, . 1 iI,l-v i'roceeaea np the track for some little bit and came to a negro caom near the place where the groes jumped from the train. ed to extend or enlarge or otherwise affect the jurisdiction of justices of the peace, except as provided by law." "My effort, Mr. Foreman and gen tleman, has been to instruct you how Cuiora.th. a negro, whom he was try-: ing to arrest. ne- Phm.n Willi,., T.n v.i. c n j-'-'fcu irom me tram. The ;,, - 1. MCI 7 neroes were fd the cabin, hav v ut-t ii une oi tne most ; mo tv. , j ... . , . to perform the duties imposed upon ! prominent citizens of his countv, com- i? Vrt e nltnt one you by law and to make plain to you fitted suicide in his home on Sunday If Z ZTZSZ S mnrnvntr trr ehAni .;w..i : a-l . v a -V r'"8 """"CLl ,a lneiand a hole broken in his skull. the method of procedure in transact ing such business as may come before you, and if I have failed in this the court will be ready at all times to give to you such other information as you may desire." ocratic centers in the United States. Glenn Lippard was robbed and kill ed near Hickory last Thursday. James Hinshaw, of Randleman, was shot and instantly killed last Friday and the other was in the kitchen, just by Overseer Hoffman, of the Ran TU-; sitting dow v. .vi. , . ,. ... , i ' i - o muic w oil nnrn Conditions grow worse and worse in man Cotton Mills. Chief Early and Mr sa,,vw -.v-, ' ".j,ivn iHtura Chief Early and Mr. Shiplett cir cled around the house and heard the negroes talking. Upon rushing into the front door, they found one negro in the room that the door opened into, he lookout for the offender, and it is thought that within the next few days he will be in the hands of the law. The negroes who had the running fight with Chief Early are the ones that robbed Pearson's shop in North Badin Tuesday night and were known Joe Harroll and Manuel Scott. The negro woman who was hit by a stray bullet and afterwards died, waa named Minnie Dry. More than likely the negro who shot Mr. Shiplett will be charged with the Dry woman's death. Later: Chief T. A. Early captured the negro who shot Mr Shiplett in Winston-Salem Thursday night. He carried him to Albemarle and lodged him in jail to await trial. It turned out that the two negroes I were Joe Harrol and Manuel Scott. they both having been arrested, Scott having been taken in Winston-Salem and Harrol having been arrested in Wadesboro Sunday afternoon. Harrol resisted an-est and was shot twice by officers of Anson County. Both ne groes were brought to Albemarle where they were tried this morning, convicted and sentenced to a term. of ten years each at hard labor in the state penitentiary. Harrol was car roed into court on a stretcher, and thus speedy justice was meted out to both of these criminals. It develop ed in court, and they both confessed, that they were the negroes who rob bed a colored barber shop at Badin several days ago.

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