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