North Carolina Newspapers

ort News Largest Circulation In Carteret County The People' Newspaper ium published in Carteret Co. f SEA PING TO THE MIND IS WHAT EXERCISE IS TO THE BODY J WATCH Your 1. tnd pay your subscription The best advertising med 8 PAGES THIS WEEK THE BEAUFORT NEWS THURSDAY, JANUARY 2, 1930 PRICE 5c SINGLE COPY NUMBER 1 VOLUME XIX II: Eeauf .He Defendants Answer County Complaints The defendant in the action brought by Carteret county against . the Simmons Construction Corpora- tiori and seveial incTviduals have fil- Hands III KeSlgnatlOtl ed their answers with the Board of j 1 County Commissioners and the Clerk i Ra:ej,,h( Dec. 31 The it'signation of the Superior Court. The sub- of Dt.puty u. S. Marshal, J. V. Tay stance of these replies, some of which jn cnarffe 0f the j;ew Bern Alvl. are of considerable length, is that all sion wnose car was caught with 94 charges of wrong doing are absolute- garjons 0f whiskey in it after a sev ly denied. ! eral mile chase, was asked yesterday The defendants say that the roads by T;nited States Marshal R. W. were built in accordance with the ' aT( specifications. That proper materials were used and that good machinery and competent workmen did the work under capable supervision. In addition to denying the allegations the renponoenw i i..-t u ' ; rm.ntv authorities have willfully al-. lowed tne roaas ia der to sauuie me nmint upn mc fendants. A few extracts from the answer of former County Engineer George J. Brooks may be of some interest to readers of this newspaper. The de fendant "Moves to require the plain tiffs to make more definite and cer- . . , i . i wi inea": zz:: wren r-speci w auowv.. ...v, gation seven allegation fifteen and r allegation eighteen. Also moves that plaintiff be required to file in ten days after receipt of copy of mo-; tion in Clerk's office a memorandum in nature of a bill of particulars set ting up in detail all items which it considers the basis of the allegation in paragraph fifteen of its complaint and in the 18th allegation of its com plaint; and a statement locating, with reference to place or places, at which measurements are alleged to have been taken and the place or places on said roads at which pipe or culvert measurements have been taken. "Paragraphs five, six, seven, eight and several others are denied. As to paragraph seventeen the ans wer savs the condition of roads "is 'caused solely by and u due entirely to the careless and wilful neglect of ul oeauiori the present road governing author!- j n; e.New, huas not lea,ned ties of Carteret county in that theyjwhat 'he a fu thTe wnTe of the failed to undertake and maintain -or , P-Pty are. The Inlet Inn site is repair the roadwav, the surface there-lf'iarded as a vel'' desirable one for of, the shoulders or the drains and ! hotel Purposes. permitted and have permitted the m rain to undermine and disintegrate Hearing In County the said roads, refusing and failing! o p f J to undertake to prevent water seep-1 OUltS IS iOStponed ing into and disintegrating the ma- terials of the said roads." "Have de liberately and purposely undertaken and do continue to purposely, delib erately and wilfully undertake to neglect said roads, all with the viejp and purpose of creating and causing conditions of which they complain." The answer also alleges that the roads were built "in accordance with contract specifications, with improv ed mechanical appliances, competent workmen and expert management. It asserts that with "inspection by any fairly competent engineer the roads will be found of construction in every detail in accordance with specifications in the contract. It says that the defendant was employ ed as engineer upon competitive bid ding and that his bid is on file with the Board of Commissioners and that he has received no um whatever ex cept such as were c!ii" him. It says materials were bougie from reliable Concerns, That he the d -fendant has never been requested to aid, assist or advise or cooperate with them in undertaking to ascertain the truth in regard to the said roads or in main tenance thereof. He has been will ing at all times to advise said author - ities and to furnish information re - garding said roads and to assist in maintaining them, lhe answer is signed by C. R. Wheatly and J. F, Duncan attorneys for the defendant. Answers have been filed by F. M. Simmons and Simmons Construction Corporation through their atorneys J. F. Duncan and Moore and Dunn. W.. L. Stancil makes answer through Ward and Ward attorneys, C. K. Howe is represented by Ward and George W. Huntley by atorney Lu ther Hamilton. REAL ESTATE TRANSFERS Allen Srarpe and wife to R I,. Pigott, l.r acres White Oak Town - Ship, for '100. W. B. Eouse to R. L. Stallings, 60 acres Newport Township, for $1200. M. T. Merrill and wife to K. A. Merrill, 25 acres Beaufort Township, Ior l- ists will be Mrs. H. M. Hendrix, Mr. Beaufort Banking and Trust Co., M. L. Davis, Dr. F. E. Hyde, Mr. to James I. Arthur, 58 acres Straits j Vache, from Beaufort, Miss Brock Township, for $500. weii fr0m Morehead City, and Miss A. P. Whitehurst and wife to H. C. Brockwell violinist from Morehead Whitehurst, tract Straits Township, City. Silver offering will be taken $100. at the door for the Building Fund. JJ, S. Marshal Taylor 1 Taylor, who was not in the car at the time it was overhauled at War saw wired his resignation to Mar shal Ward last night. i "Doc ' Floyd, of New Bern, who was driving Tavlor'a . , A . machine was tried at Kinston and ordered to pay 1,000 fine or t oserve 18 months , . .. Investigation showed, Marshal Ward was reported to have said, that the title to the car was vested in Tay lor's name. The officer was quoted as saying: "Things being like they are, there was nothing else I could do but to aa a Tayior t0 resign I vnpi,t tn n .ffin ,, , ,. ' . . , . . ,, IT L ?E . ' , -"i honor and dignity of this office.' INLET INN CLOSES AFTER SEVERAL YEARS OPERATION After having been operated for several years by W. L. Derrickson the Inlet Inn has been closed. Mr. Derrickson is the proprietor of the Gaston Hotel in New Bern. Mr. and Mrs. D. J. Saunders who have acted as local managers of the Inlet Inn left on Tuesday for New Bern. Their former home is at IFarmintgon, Illi nois. They have made many friends who regret to see them leave. The ' 13 """cu "J m- T 1 i. T i i... . i Acting on the request of attorneys for the County Judge Garland E. Midyette signed an order recently di recting Superior Court Clerk L. W. Hassell to turn over all records tak en at the hearings in the county suits against F. M. Simmons, Simmons Con struction Corporation and others to be reviewed before a Superior Court Judge. The hearing before this judge will take place in New Bern next Tues day at 10 o'clock. This action is somewhat in the nature of a cer tiorari. The order of Judge Midyette also directs the Clerk of the Court not to hold any more hearings unless in structed to do so by the Superior Court Judge. Attorneys for the coun ty claim that much matter has been admitted at the hearings which was not pertinent to the answers to the complaints. The lawyers on the other side contend that the hearing before the Clerk is entirely proper and will ask that the matter be referred back to the Clerk for such further exami nation as may be necessary. MARRIAGE LICENSES j Leslie Lassiter and Alice Branch, 1 Beaufort. W. E. Skarren Jr., Beaufort and Ola Belle Lewis. Morehead Citv A. M. Willis, Morehead City and Norma Lewis, Smyrna Uzzell Lewis and Pearl Gillikin, Otway. Cecil L. Oglesby, Morehead City and Lottie Parker Bogue. Carl Bowers Beaufort and Pauline Lupton, Roe. C. H. Barker and Ruby Hall, More, head City. Hugh Gillikin and Nannie B. Law rence, Beaufort, R. F. D. R. L. Willis and Ovilla Willis, Morehead City. 'MUSICAL AT ST PAUL'S EPISCOPAL CHURCH There will be a musical recital at the St. Paul's Episcopal church Fri day evening at 7:30. Mr. Theodore . Webb will be at the organ and solo ST. LOUIS MAN HERE IS FAVORABLY IMPRESSED Mr. Benjamin Hill of St. Louit, Mo., representing a group of capitalist! hat been in the county thi weeU get ting information about the "Open Ground," the climate and other matter! pertaining to thii section-Mr. Hill h ex pressed himself to a reporter for the News as well as to var ious other persons, that he is much pleased with what he has seen. The weather has been quite pleasant during his stay here and he thinks the climate is delightful. He also admires the scenery and other attrac tions very greatly. Mr. Hill made a talk to the Rotary Club meeting at the Davis House Tuesday evening and expressed himself along these lines. This afternoon he is making another trip to the Open Grounds in company with Mr. Seth Gibbs. He ex pects to leave tomorrow for St. Louis where he will make a report to those whom he rep resents. Fishermen-Hunters Had Meeting Today The dispute between the hunters and fishermen as to their respective rights in Core Sound was aired here today at a hearing before U. S. Dis trict Engineer W. A. Snow assisted by Engineer H. T. Patterson. E. H. Gorham presented a peti tion on behalf of the fishermen which asserted that the blinds in the sound were in a good many instances a men ace to navigation and that they in terfered with fishermen in their work. It was asserted that several boats had been injurtd by running into the blinds. It was said that 153 persons had signed this petition. On the side of the hunters Messrs. Luther Hamilton, C. R. Wheatly and J. F. Duncan made short statements and suggestions. U. S. Game War den W. L. Birch also made a state ment favoring the position of the hunters. J. T. Gaskill, . D. Fulcher and Charles Mason spoke briefly on the side of the fishermen. Major Snow said the Government's interest in the matter related to the question of navigation and suggested that perhaps the State authorities could settle the matter more satisfac torily than he could. He said that he would make his report to the Chief Engineer and in due course a reply would be made public. Col. J. W. Harrelson, Chairman of the State Board of Conservation and Develop ment was present and took charge of the meeting after Major Snow had left and heard some further argu ment and proposals. It was suggest ed that the two sides have a meeting before Fisheries Commissioner John A. Nelson and see if they could not come to an understanding. At pres ent the matter seems to be about where it was when the controversy began. A good sized crowd attend ed the hearing. CAR RUNS INTO ANOTHER ONE STANDING STILL Two cars were damaged somewhat and Charlie Wolfe, a Beaufort fiisher- man was injured in a car accident that took place on Ann street near Orange Tuesday night. Mr. Wolfe and Mr. Eric Anderson were riding a Dodge car belonging to Mr. Moses Austin and ran into a Pontiac sedan owned by Mrs. A. D. O'Bryan which was standing in front of the home of her father Mr. N. W. Taylor. Both cars sustained some damage. Mr. Wolfe was thrown through the wind shield and cut about the face. He was taken to the Emergency Hospital for treatment and is out now. Warrants were issued for both men for being drunk and driving while under the in fluence of liquor. MRS. PATTEN DIES FROM BURNS SUSTAINED SUNDAY New Bern, Jan. 1 Mrs. Edith Judy Patten wife of Harry A. Patten, prominent county dairyman, passed away this morning at seven o'clock at a local hospital, where she was taken Sunday afternoon with severe body and facial burns sustained in a fifa that completely destroyed her home and practically all its furniture, on Neuse river, about three miles from New Bern. Besides her husband, H. A. Patttn, former president of the Craven Coun ty Farmers' club, the deceased is sur vived by three children; Allen Pat ten aged 12, Elizabeth, aged ten, and Billy, aged four; her parents, Mr. and Mrs. A. H. Judy, of Aahland, Va. one brother: Harrison Judy, of Phil adelphia; and two sisters: Miss Eliz abeth Judy, of Ashland, Va., and MUCH DRUNKENESS T w, AIRED IN COURT School Fund Receives Consider able Help Rrom Police Court Fines Possible the biggest docket ever tried in Beaufort Police Court was disposed of by Mayor Chadwick at the citv hall Friday afternoon. Every 'lease tried was connected with liquor in some way most of them were just found that one of the greatest serv plain diunks. Several defendants ices it could render would be to pro failed to put in their appearance and vide some form of hospitalization for their troubles will be aired next 'the 290,000 negroes within the Friday afternoon if they can be i bounds of the diocese, brought into court. The Mayor in-1 The report of the committee of stiucted the officers to get bonds for the survey, of which Rev. R. I. John all of those who failed to show up. son, rector of St. Cyprian's negro Although the docket was large Fri-1 church, of this city, was chairman, day afternoon it was finished in less was approved by Bishop Thomas C. than an hour. Nearly every one en-jDarst and the committee of evalua tered a plea of guilty and was given! tion, of which Dr. William Milton, of his sentence in short order. Mayor j Chadwick issued an announcement! that may be of considerable interest when he stated that after January 1 old offenders in drunk cases would not be let off with fine's. It will be, go to jail and work on the streets. The record follows: Emma Barber, colored woman through her attorney C. R. Wheatly entered a plea of not guilty to the charge of having liquor in her pos session for the purpose of sale. Po lice officers Longest and Holland tes tified that they raided her home re cently and found a small quantity of liquor and also evidences that some liquor had been poured out to avoid detection. She was held for Record er's Court under a bond of $150. Walter Joyner, colored, plead guil ty to having been drunk on the 15th and 25 of December. He was fined $2.50 and costs in one case and $5 and costs in the other or 10 and 15 days on the streets. Manson Pettiway, colored, drunk charge, plead guilty and fined $2.50 and costs or 10 days. John C. Wolfe, drunk on the 14th, sumbitted. Fined $2.50 and .costs. McKinley Godett, colored, drunk on fhelBth. He admitted it. and as it was his second offefise 'was fined $5 and costs or 20 days Edward Chadwick, colored, drunk and disorderly. He plead guilty and was fined $o and costs or 10 days. Barney Dixon, drunk. He submit ted and was given $5 and costs or 10 days. Owen Vann colored, drunk, admit ted it and got off with a fine of $2.50 and costs. Carlton Parkin, fighting. Plead guilty, $5 and costs. Thos. Parkins, drunk on the 14th. ills first offense and got off with $2.50 and costs. Tom Sadler, drunk. First time in court and was given $2.50 and costs. Dan Chadwick drunk on the loth ne was nned $10 and costs or 10 days. Louis Jones, colored, drunk. His first time up and got the usual $2.50 and costs. S. A. Rice, plead guilty to a drunk charge and was given $5 and costs. Not first offense. Bonner Willis, two charges of drunkeness. He was fined $5 and costs in one case and $10 and costs in the other. Leo Wigfall, colored, drunk, third time up. He was fined $10 and costs in one case and $20 and costs in the other or serve 50 days on the streets. Mark Washington, colored. He had j been up several times before and Mayor Chadwick said he would try a 1 30 day sentence on him as a fine was no good. Herbert Springle charged with transporting liquor, admitted it and was bound over to Recorder's Court under a $100 bond. Herbert Smith, transporting was also bound over under a $100 bond, i Charles (Dick) Chadwick, colored- drunk, submitted and fined $2.60 and costs. Floyd Robinson, drunk, fined $2.50 and cost. Those called and failed were Calvin Taylor, Clem D.;Vis ' Price Johnson, Herbert Morton, Sam worth, Moses Austin, Jack Smith, Charles Smith. Holowav Mason.. John Mnrtnn .Taclr V.v -ott Marlnn Noe, Charles Owens Jr. EMANCIPATION CELEBRATION TOOK PLACE HERE YESTERDAY For the first time in several years Beaufort's colored population cele - bra'ted Emancipation Day here. In former years this was a regular New Year feature in most Southern com munities. There was a considerable parade here yesterday after which the crowd assembled at Purvis Chapel and heard a program of speeches and songs appvopriats to the occasion. Mrs. W. G. burg;, Va. Keckler, of Fredericks Nf " H?fli SeT Assured For New Bern New liern, Dec. 20 The proposed negro hospital is virtually assured for Ntw Bern, with news that the Rosenwald fund officials have agreed to make an appropriation, in co-operation with the Duke endowment and the Episcopal church. The Episcopal diocese of East Car olina made a survey of its negro work three years aao to discover its 'general situation and needs. It was Wilmington, is chairman. The plan was given the unanimous indorse ment of the annual convention. Since then Bishop Darst has been in conference with Dr. W. S. Rankin, of the Duke endowment and Dr. Michael Davis, of the Rosenwald fund It is highly probable that the Duke endowment will give one-half of the construction and equipment cost. The Rosenwald policy, which was un settled, has now been formulated and in its present shape will include with in its terms such hospitals as the one planned for this diocese. TWO NEW BERN NEWSPAPERS ARE SOLD TO ALABAMA MEN New Bern, Dec. 24 Toady's edi tions of the Sun-Journal printed the announcement of the sale of that pa per and the Morning New Bernian by J. B. Dawscm, the former owner of the New Bern Publishing company, Inc. The new company has been formed by Aaron Miller, former owner of the Tucaloosa, Ala., News; T. M. Diggs, who has been associated with Mr. Miller at Tuscaloosa for several years and Roy fjarber, formerly with the Mobile Register--nd Birmingham Age-Herald. The new owners as sumed charge today. w:lliston man will try to raise oysters Oyster farming in Carteret coun ty is going to be tried by one citizen if no more. Mr.. A. W. Willis of Williston has leased five acres of bot tom from Fisheries Commissioner John A. Nelson and will give the thing a trial. Later he may lease more bottoms. The location of Mr. Willis' proposed beds is in Jarrott's Bay at Williston. This is reputed to be a fine place for oysters and some ve-y fine native ones are taken from this spot of water. Mr. Willis expects to seed the bottom he has leas ed very soon and hopes to get good results from his work and investment. Some of his neighbors predict that he will be successful and are think ing of following his example. Oth ers are inclined to think that the un dertaking will not be a success. y The North Carolina Crop Improve ment Association is now a member of the International Association and thus has the assurance of a wider market for the certified seeds pro duced under the guarantee of the local association. TIDE TABLE tnformation as to the tides at Beaufort is given in thia col umn. The figures are approx imately correct and based on tables furnished by the U. S. Geodetic Survey. Some allow ances must be made for varia tions in the wind and also with respect to the locality, that is whether near the inlet or at the heads of the estuaries. High Tide Low Tide Fi iday, Jan. 3 I 9:59 M. M. 3:32 A. M. 4:16 P. M. 10:30 Saturday, Jan. 4 10:33 11:05 A M. 4:14 A. M P.' M. 4:55 P. M Sunday, Jan. 5 A. M. 5:00 P. M. 5:34 Monday, Jan. 6 A. M. 5:49 P. M. 6:15 11:05 11:14 ! . 11:55 11:54 A. M. P. M. A. M. P. M. Tueiday, Jan. 7 A. M. 6:44 A. P. M. 7:00 P. Wednday, Jan. S A. M. 7:45 'A. P. M. 7:51 P. Thursday, Jan. 9 A. M. 8:48 A. 12:40 12:43 1:34 1:39 M. M. M. M. M. M. - 2:31 i 2:42 P. M. 8:45 P. ISAR ISLAND IN B?,nvrri,n Arnmif CENTER OF STAGE ?AT county court Captain J. J. Day Convicted of Assault Upon Four Men APPEALS TO SUPERIOR COURT It was certainly Cedar Island day in County Recorder's Court Tuesday. A large proportion of the male pop ulation of that community and a good many of the women folks as well were present for the trial which took place and involved Captain J. J. Day and Cicero Goodwin, Dennis Good win, Eugene Koonce and Melvin Sty ron. It is probable that a hundred people or thereabouts, from Cedar Island attended the trial, many of whom had been subpeoned as witness es. The trial lasted from about elev en to one and then after adjourn ment until two was resumed and end ed at fifteen minutes after five. It resulted in the conviction of Captain Day on the assault charge and the ac quittal of the other four men. Before the Cedar Island case was taken up several other cases were tried. They did not take much time as there were several submissions. The first case tried was that of Chas. Owens Jr., for violating the prohibi tion law by having a half gallon or such matter of wine in his possession when found in the cemetery by of ficers Longest and Holland. Attorney Luther Hamilton repre senting Owens entered a plea of nolo contendere and his client was let off with a fine of $25 and .costs. Hubert Springle plead guilty to a charge of transporting liquor and was given the privilege of paying $25 and costs or serving four months in jail. Hubert Smith on the same chargs as Springle was given the same sen tence. Emma Barber a colored woman sent up from the Mayor's Court, was tried on the charge of possession of hiskey for the purpose otBaleje,: was nerenaea dv j. k. wneativ wno nUoJ rnt mlil( 1 ImiT'; ' fk of (if "C I'll. 1. 1 ( 1 . If K Ullk, 1 - ' V. ..... V. Police Longest testified that he and Officer Holland raided the woman's house and found a small quantity of liquor in a jar. There was some liquor under the bed and the bed clothing appeared to be pretty well saturated with it. Officer Holland corrobrated this statement. A white man and a colored woman were visi tors in the house at the time it was raided so the officers said. Mr. Wheat ly moved for a dismissal as the liquor was in the woman's home. He was overruled by the court and a fine of $100 and costs imposed upon her and a jail stntence of four months, the latter not to go into effect if she paid the fine. An appeal to Super ior Court was taken and bond of $150 required which the defendant gave. The case wherein W. H. Wright was charged with driving a car reck lessly and without lights caused some thing of a contest. He was defend ed by Attorney A. B. Morris. At torney Alvah Hamilton assisted So licitor Duncan in the prosecution. Manly Willis, prosecuting witness tes tified that Wright ran into his car at the corner of Evans and 9th streets in Morehead City. Wright's defense was that he had the right of way. He is from Johnston county and is a workman on the new school building. The case was dismissed. The dam age to the Willis car amounted to $22 so he stated. The Cedar Island case started out as an indictment of Captain Day for assault with a deadly weapon upon the two Goodwins and Koonce and Styron. However a warrant was is sued on Tuesday morning for the four men on the charge of assaulting: Captain Day. This wes returnablJ before Justice Henry Noe. After some discussion between the lawyers !l n 11.- j ai t. 11 was nnauy ajjieea uiai ine uiigiiii warrant should b: amended to in clude the Goodwins, Koonce and Stv- ron and try all at one time. Cap tain Day was defended by attorneys Larry Moore and George Willis of New Bern and C. R. Wheatly of Eeaufortw The other defendants were represented by Attorneys J. F. Duncan of Beaufort and D. L. Ward Jr., of New Bern. Solicitor G. W. Duncan prosecuted all of the defend ants. Cicero Goodwin was the first wit ness examined He testified that on November 27 he and Dennis Good win, Eugene Koonce and Melvin Sty ron were at Beach Shoal building a goose blind. That Captain Day came towards them in a skiff, got out fas tened his boat and advanced upon them in a threatening manner with a shot gun in one hand and a large re volver in the other. He said that Day used very abusive and profane (Continued on page five)