THE DANBURY REPORTER.
VOLUME XXXIII.
PRELIMINARY TRIAL OF JIM SMITH
Held By United States Commissioner Wolfe At
Greensboro Last Saturday—The Evidence at the
Trial—Smith Will Be Allowed to Give Bond In the
Sum of SIO,OOO.
Greensboro, Feb. 22.
Jim Smith, of Smithtown, was
held by United States Commiss
ioner J. M. Wolfe to answer the
charge of conspiring to obstruct
the process of the law, and in
furtherance of which conspiracy
Deputy Collector J. W. Hendrix
as killed. It was agreed by
counsel, both for the government
and for the defendant, that the
maximum penalty under the
charge would be imprisonment
for thirty years, and that Smith
could not be held without bail.
Commissioner Wolfe took the
matter of the size of the bond
which he would require under
advisement, and in the afternoon
fixed the bond at SIO,OOO. this to
cover both the conspiracy charge
and the indictment by the grand
jury for blockading. Smith waß
taken to Winston last night,
where he will arrango his bond
Monday. The case will be tried
at the regular term of the federal
court beginning Jhe first Monday
in April.
The most important testimony
brought out at the preliminary
hearing yesterday was that of the
wife of Oscar Sisk, the only eye
witness to the tragedy. On cross
examination she stated the posi
tion in which Smith and Hen
drix were standiug, and their rel
ative positions to Sisk's house
and the distillery. According to
her testimony, the place where
the killing occurred was on a
hillside, that Hendrix was advanc
ing up the hill in the direction of
the stillhouse, and that Sisk's
house was about thirty yards
down the hill and behind Hen
drix. She testified that Hendrix
commanded Smith to halt, and
that both Smith and Hendrix
were facing each other with guns
drawn wien she turned her head
and heard two shots, Hendrix fell
dead, and Smith walked away.
It was the contention of Judge
Bynum, representing Smith, that
it was a physical impossibility
for Smith to have fired a shot
that would strike Hendrix in the
back, ns was testified to by the
physician making tlie post-mor
tem examination. According to
the physician, the ball entered the
back, ranged upward and came
out on the other side of the body
near the collarbone. The conclu
sion is, though not expressed at
the hearing yesterday, that the
shot which killed Hendrix was
fired from Sisk's house. In that
case the ball would have struck
Hendrix in the baok and ranged
upward, the place where Hen
drix fell being higher than the
bonae. The farther presumption
is that Oscar Sisk is the person
who fired the shot, as it was his
distillery that the officers were
about to destroy.
W. A. Stancil, a deputy collec
tor, who was with the posse of
officers making the raid, was the
first witness offered by the gov
ernment. He related the story
of the killing about like it has
/ been published several times.
The next W itness WHS William
Spencer, of the Srnithtown com
munity. He testified that he was
passing Sisk'B house on the day
that the killing occurred. When
he got in the >ard the offioers
commanded him to stay with
thsm. He saw the man lying on
bis baok dead, in a pool of blood.
He also bMrtl Mrs. Sisk ask the
officers if they wanted a oloth to
pat over the dead man's face.
Mrs. SUk procured ths oloth, and
it was placed over Hendrix's
face.
Spencer went to his home in
the afternoon and found Jim
Smith, Will Smith and Oscar
Sisk. Jim Smith asked him:
"What is the news over there?"
Spenoer replied to Smith: "There
is a dead man over there, and you
are accused of killing him." To this
Smith replied: "I wish I may
die and go to hell if I done it.
The officers killed their own man,
and damned if I care if they kill
more of them."
Then, according to Spencer's
testimony. Smith pulled out his
revolver and asked those present
to examine it and see if they
thought it had been fired that
day. Spencer said that he exam
ined the gun; it was loaded, and
in his opinion had not been fired
that day.
The evidence of Spencer was
corroborated by John L. Knight,
Seth Spencer, Henry Williams
and Sam Williams.
Henry Williams testified that
while Smith was asking his
friends to examine his revolver,
he saw Smith take an empty car
tridge out of the oyliuder and
throw it out in the yard. He
said that Seth Spencer picked it
up. An empty shell was produc
ed, and he said that it was the
shell that he bad seen Smith take
out of the revolver. He had
marked it and given it to officers
this week. The shell was n i{2-20
caliber.
Williams testified further that
he and Seth Spencer were at his
house when Jim Smith, Will
Smith and Oscar Sisk came along
the road, aud callud to them. Ho
and Seth Spencer joined them,
went by Sandy William's house
and on to Bill Spencer's, where
they spont an hour or two. Jim
Smith was nrined with a shotgun
aud revolver, Will Smith had a
shotgun; Sisk was unarmed. Wil
liams is a brother-in-law of Oscar
Sisk, and a second cousin to Jim
Smith.
All the v. itnesses testified that
Jim Smith said that the officer
shot at him twice as he ran be
hind the bam.
W. A. Duncan testified that lie
was at Sisk's distillery on the
night before the killing. He left
tho distillery between twelve and
one o'clock at night; that the dis
tillery was in operation that night
and Will Smith and Oscar Sisk
were both there.
C. H. McMichael and W. P.
Bynum, Jr., were Smith's attor
neys, while Distriot Attorney A.
E. Holton represented the gov
ernment in the proeeoution. In
the argument MoMiohael and By
num contended that there was no
evidence to show a conspiracy,
and that if it had been proven
that Smith killed Hendrix he
ahould not be held under the
charge of conspiracy. Judge By
num declared that the charge of
conspiracy was drawn under the
oivil rights bill, which was intend
ed to enfranchise the negroes.
Distriot Attorney Holton con
tended that the evidence sustain
ed the charge. Sisk and Will
Smith were operating the dis
tillery on the night before the
killing. Jim Smith went to noti
fy Sisk that the revenues were
coming, and after the killing,
they were all together.
There was some pretty sparr
ing between Distriot Attorney
Holton and Judge Bynum. . . By
num demanded that Holton pro-
DANBURY, N. C., FEB. 27, 1908.
HAPPENINGS AT DALTON
Quarterly Meeting at Chestnut Grove
Fourth Saturday and Sunday In
March—A Batch of Personals and
a Cake Recipe.
Dalton, Feb. 24.—Mr. Will
Schpltz went to Winston lust
Monday, returning Tuesday.
Mr. Sid Pulliarn and two child
ren, of King, visited at Mrs. S. F.
Coe's last Tuesday.
Mr. Walter Boyles, R. F. D.
carrier of this place, went to Wins
ton Friday, returning Saturday.
Messrs. Lonnie Coe and J. L.
Rumley went to Rural Hall Sat
urday night to attend the Jr. ).
U. A. M.
Rev. Strider filled his appoint
ment at Chestnut Grove Sunday;
also Rev, Connet filled his ap
pointment at Dalton Chapel. The
quarterly meeting will be held at
Chestnut Grove on the fourth
Saturday and Sunday in March.
Mr. Will Scliultz spent Sunday
with Mr. Frank Harnm, it being
Mr. Frank's last day in old Stokes.
Ho left this morning for New
York, accompanied by Mr. Ed
Spainhower, of Pinnacle. They
both went off cheerful. Their
many friends wish them much
success, though they hate to see
them leave.
Mifch Maud Coe spent Sunday
with Miss Ruby Hamm on Dalton
Route 1. Miss Ruby's school at
Chestnut Grove closed Thursday.
Mr. Will Rutledge's school at
Legislative is two weeks longer
yet.
Prof. W. A. Flynt's school is in
creasing fine since the public
schools closed.
Miss Lucy Itoberaon went to
Winston today to have her teeth
worked on, after having the tooth
ache for the past week.
"ME."
KING ROUTE ONE.
King, Feb. 24. —The Misses
Musers gave un apron party on
the night of the 20; a large crowd
were present. Mr. Cicero Cromer
won first prize for bust sewing.
The prize WHS a nice neck tie.
Mr. Martin Tattle who is quite
t'eeble is not any better.
The school at Johnsou's, taught
by Miss Ada Fleming, come to a
close Friday with a spelling. A
large crowd present.
There was a quilting at Mr. J.
M. Gibson's Saturday the 27th,
and also a wood-sawing; there was
a social at night which a large
number of boys and girls all en
joyed .
Mr. Robt. Barr left Saturday
for Boonville, where he will at
tend school,
There will be a spelling at
Goff's school house Wednesday
night 26th. Everybody come.
Miss Hessie Carroll will teach
a subscription school at Mt. View
for a while; wish her much suc
cess.
Mies Hattia Gibson visited
Miss Mary Gibson Saturday. She
report a very nice time.
TWO CHUMS.
dace the physician who made the
post-mortem examination in or
der to ascertain whether or not
Hendrix was shot in the back
The physician lived at Winston
and was not here to testify. Dis
trict Attorney Holton introduced
Officers Downing and J. T. Mili
kan, who were present at the ex
amination, and turned thorn over
to Bynum for examination. Hol
ton claimed that in doing this he
should have the last speech. By
num contended and Commission
er Wolfe, not being familiar with
the rules governing such cases,
referred the matter to Col, J. A.
Barringer, who decided in favor
of Bynum.
The hearing btgan at eUven
o'clock and it «H hklf-past two
when it WM conoluded. '
THE NEWS AT BROWNVILLE
Miss Ella Martin Gives Up Her
School On Account of Sickness--
A Taffy Pulling Last Friday Night.
Brownville, Feb. 2H. As the
last items front our village did
not reach the waste basket 1 will
come again.
Mr. and Mrs. J. Wesley More
field and little daughter, I'nice,
weje the guests of Mrs Levi
Knight Sunday.
Mr. and Mrs. G. T. Brjwn gave
a "taffy pulling" last Friday
night, in honor of their daughter
Alpha. Quite a number of young
people were present, and while
the candy was stewintr the crowd
were most delightfully enter
tained with violin, banjo, orgau,
graphophone. The crowd stayed
until a late hour, and everyone
reports a fine time. The two
young men from Snudy Ridge
were with us again. Hope they
enjoyed themselves more this
time, and will come again.
We saw a couple Sunday who
said they were hunting for the
Parson, but they failed to find
one.
Mr. Lem Morefield and Miss
Hess Gilbert are expecting to at
tend the school breaking at the
the Hartman school next Sat
urday. Wonder what will hap
pen when they get across the
line ?
As yesterday was holiday the
mail carriers didn't come. One
of them, especially, was greatly
missed.
Isn't it very lucky that this is
leap year? Some of the young,
men hern seem to think to.
Mr. Booker Brown has been in
disposed for several days. Think
the reason ho recovered so early
was the fear of having more
callers.
Miss Ella Martin had to give
up her school on account of sick
ness. She is greatly missed.
Hoi >e 6he will soon recover and
he with us again. Mits Mary
Martin is teaching while she is
away.
Wonder which our tidaoher
has decided to do, take the trip
to Mt. Airy or go into the Mer
cantile business.
L. 15.
People Dancing and Dying In the
Gann Section—Other Notes
Uaun's, Feb. 25.—As the weath
er litis been Cild and rough our
people thought they could do but
little work and they must do some
thing and are still having dances.
Friday night there was a dance at
Mr. W. A. Phillips' aud Saturday
night at Mr. Walter Rakestraw's.
There have been more deaths in
Hi is sect ion for tha past six
months than at any like period for
years and more da nets for some
time than for any like period. Pos
■ibly people have heard the saying
"go it while you can, the time will
come when you can't."
In talking with the people of
the various sections, we find that
some sections are strong for pro
hibition aud others are strong
antis.
What about the roads ? Where
are they ? The traveling publio
leave the roads and go through
the woods or fields where they can
get out of the rends.
The publio school hero will
close next Friday. We have hail
a splendid school this winter, nnd
hut few grumblers.
The stork was at Mr. Frank
Martin's last week and left a fine
big boy.
The wife of Mr. Sam James
was buried at the James grave
yard Monday night last.
Mr. Walter Joyce's baby died
Friday. Mr. , Joyoa was raarad
bar* bat now UTM at BMMH, Va.
S. K. ANDERSON SERIOUSLY HURT
A Mule Throws him, Breaking His Collar Bone
and Knocking His Shoulder Out of Place--Oak
Grove School Closes--Sickness On King Route
Two.
NEWS OF PETERS CREEK. VA.
School Of Misses Mamie Leak and
Flora Hutchens Closes Tomorrow
--Other News Of Interest.
People are very busy in this
section cutting aud hauling saw,
logs. We have a steam saw mill
here, and we are expecting great
improvement in our country, ;
! which is greatly needed.
! Mr. .James A. Leak, of East
Bend, is visiting relatives and
! friends at this place.
Mr. Will Mills, of Claudville,
Va., and Miss Mary Waller, of
I Stuart, Va., were happily married
last Wednesday at State Line, the
j ceremony being performed by
Rev. E. M. Barnard. Only a few
relutives and intimate friends be
ing present as the bride was stolen.
It was a very quiet affair. Their
many friends are wishing them a
long and happy life.
There is one important improve
ment I failed to mention and that
was the great basket factory on
the banks of the Dan.
Mr. and Mr. C. W. Blancett
made a trip to Carroll county, Vs.,
last week in the interest of his
wife's estate there,
j Mr. and Mrs. J. W. Hill visited
| his wife's home in Surry county
] yesterday.
Measrs. Charlie and Bob Faries,
who have been visiting relatives
in this part for the past six weeks,
i returned to their home last Thurs
day. Their many relatives and
friends regret to see them go but
! hope to have them with us again
soon. They were accompanied
home by their cousin, Mr. Thomas
Flippin, who expects to make Col
orado his home for some time.
Mr. Jas. A. Leak is woing to
Stuart toilay to visit his son, Or.
J J. Leak, who is in the hospital
there.
The school at this place, being
taught by Misses Mamie Leak and
Flora Hutchens, will close Friday
with a spelling match. We have
had a good school this time, and
very good attendance owing to
measles, smallpox, rough weather,
etc.
Mr. Walter Leak and Miss An
nie Hutchens will leave in a few
days for East Bend where they
will enter school.
Mrs. W. W. Leak visited her
| mother, Mrs. A. J. Flippin, last
i week.
| Ladies Entertaiaed Thursday After
nooa.
The Misses Pepper delightful
ly entertained a number of the
Danbury ladies at their home
Thursday afternoon from two
until four.
The charming features of the
occasion were the fioral contests.
The first consisted of supplying
the proper names in a "Floral
Wedding." Neat and attractive
cards were distributed among the
guests, who with a partner par
ticipated in the amusement.
The successful contestants of
'the first were Mrs. M. T. Chilton
land Mrs. A. W. Davis to whom
were awarded each a beautiful
j box of candy.
The first prize of the second
I contest was awarded to Mrs. J.
Spot Taylor, which was a num
ber of packets of tlower seeds.
Between the contests the
Misses Pepper served a most
tempting salad course.
Among those present were:
Meadamea D. A. Binkley, O. M.
•Jones, J. 8. Taylor, H M. Joyoe,
A. W. Davis, N. A. Martin, J. T.
Smith, R. H. R. Blair and M. T.
Obilton.
A UUEBT.
Oak Grove, Feb. 24 Oak Grove
school closed Thursday the 20th.
Mr. C. K. Boyles was the teacher.
The exercises were spelling,
speeches, etc., by the little boys
and girls. Afternoon was a de
bate by the school boys on the
same subject that the girls wrote
compositions on, Resolved, "That
There Is More Pleasure In City
Life Than Country Life." The
affirmative was ably discussed by
Ruff Smith, Roy Boyle 3. Chastin
Boyles and Asa Smith, while the
negative was ably defended by
Levi Boyles. C. R. and N. I. Boy
les and Samra Smith. The sub
ject was ably discussed by both
sides, and lasted one hour and a
half, after which the judges de
cided in favor of the affirmative.
The school boys have become in
terested, and they have organized
them a Juvenile Society, and will
meet every Saturday night.
Mr. S. K. Anderson's mule
threw him and broke his collar
bone, and put his shoulder out of
place, but he is getting along fine
at present.
Mrs. John Boyles is very low
with pneumonia. Hope she will
soon be up again.
Mr. Robt. Boyles is very low
with lagrippe.
SCRIBBLER.
Dr. Fulp Recovering From Illness-
Band Boys' Instruments Arrive—
Mr. Cookus and Family Come Back
To Stokes—Walnut Cove Items.
Walnut Cove, Feb. 22.—We
were glad to see our jovial old
friend, Johnny Johnson, on our
i streets Friday, after an absence of
' many years. Ha has not grown
1 much though. His home is in
| Elizabeth City.
The people of our town hail
quite a scare today. Mr. D. S.
Watkins returned from South
Carolina and had cut off his mus
tache and they did not know what
kind of a varmint had lauded.
He says his lip feels mighty
curious but guesses he will get
used to it in a t'ew days.
A fannei, on his way back from
Winston, went in a store here and
bought a quarter's worth of cider
and the clerk tried to sell him
some sausage and some one sug
gested it would be nice for break
fast. He said '•yes, but money
is so scarce." O, the terrible
thirst for strong drink. Will the
tyrant never cease to use his
power over our people? I long
to see the day come when tem
perance will cover this land as
the waters cover the sea.
Mr. Moses Mabe's mules took
fright and ran away as he came
back from Winston this week tear
ing up the harness aud doing con
siderable damage. He says he
didu't get a scratch, but he seems
to be badly cut about the face.
The Junior Order has a large
meinberahip hpre now and seems
to be doing a [,'reat good, of which
our citizens should feel proud.
The band boys' instruments
have all arrived. We hope to
have some concerts when the
weather gets warm.
There was recently a considera
ble shipment of cabbage plants to
this place. Guess they won't be
set soon.
Several of our citizens called
on Or. Fulp yesterday. They
say he seems to be slowly recov
ering from his recent illness.
Mr. J. K. Cookers and family
will arrived from Kimball, W. Va.,
on Wednesday. Ha will move to
hia farm near town. He says
there ia no place like old Stokes
oouaty home. We we glad to
weloome them baok.
No. 5