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.