Newspapers / Tri-City Daily Gazette (Leaksville, … / April 4, 1923, edition 1 / Page 1
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sisKwwrrHmscASE before the state SUPREME COURT Attorney A. L. Brooks pleads verdict of jury be set CASE WENT UP FROM ROCKINGHAM COUNTY Raleigh, April, 4.—A. L. Brooke, of Greensboro, argued today before the Supreme court the novel case of state against Sandy and Hardy Sisk, Rockingham county men, who are under conviction and sentence of 20 years for murder in the sec ond degree. The Sisk brothers were convicted of killing E. C. Ziglar, of Rocking ham, April 14, 1922. Ziglar was an officer and as Mr. Brooks narrated the evidence the officer went to the Sisk home to make an arrest. A quarrel followed in which the officer and the brothers seemed to have at tracted the attention of the elder Ed Ssk who went up, told the fel lows to lay down their arms, and took the shotgun of one of the boys. The old man's testimony thereafter was that when all were quiet Ziglar ordered '.'hands up” and opened fire on one of the boys, shooting him through the ifeck. Thereupon the officer shot Ed Sisk thru the nose and Ed Sisk emptied a shotgun into the face of Ziglar^ killing him in stantly. The three were tried for murder in the first degree. The defense of Ed Sisk was justifiable homicide— he shot in self defense. The jury ac quitted him. Yet the hoys are con victed of murder in the tecond de gree when the worst that they could have done was to participate in a homicide which the jury said was no crime. They were tried on the the ory that they aided and abetted in the. hffllag, hat the jury says the - a.'erfi«o. — The North Carolina books have no such case. The judgement of Judge Thomas J. Shaw was that the two men should serve 20 years in the state’s prison. The appeal means that the defense is seeking, not a new trial, but a declaration of the highest court that the men have been convicted of no crime. There is a Georgia decision in point. In state vs. Kelley, the father and son were indicted for murder. The son there did the killing, but convicted the father. The court says: "The verdict presents this remarkable situation: ’ Russell Kelley, assaulted by Regis ter with a deadly weapon, shoots and villa him in self-defense, and Char lesKelley is convicted of murder in the second degree for being present aiding and abetting his son in com mitting a justifiable homicide. It seems quite cleat thst the Jury ac quitted Russell Kelley on grounds that he killed Roadster in self defense, and, that being so, Charles Kelley could not he lawfully convict ed of arty offense predicated upon his being present aiding and abet ting his son in committing a Justifi able homicide. p§|: “We have here the anomaly of the same jury having determined tint, no unlawful' Wiling occurred, that the chief actor Ib not guilty of any criip#, and at the same time convicting the two eons of murde* in the second degree, upon the same testimony as aiders and abetters. In a felony that never occurred,” Mr Brooks sai(t ‘The court should, of course have set aside the verdict as . to Sandy and Hardy Sisk. A perusal of the record of the; evidence and the charge of the court ertabUshes the fact that these defendants have nftt had a Itatr trial, and have been un justly convicted. They certainly flan not be convicted upon this record U aiders acid abettors of their fatti er, Ed Slsk, ‘in the unlawful Wiling of Ziglar, because the same jury has said that Ziglar was not unlaw fully WM. Wit was " fnther in the proper tm ef his wm METHODIST BOLD AT JUNAJLUSKA W«wSmd»y scfcool building anumg improvement* •t Southern Assembly Among the notable improvements which will mark the Southern As sembly grounds at Lake Junaluska, N. C., when Methodist clans gather there for their usual summer season of denominational activities, will be the new standard training school building, property of the general Sunday school board of the M. E. Church, South. According to A. L. Deitrich, business manager of the board, will be a model of conveni ence. It will be erected at a total cost of about $50,000 and is expect ed to be ready ior use during the six weeks training school for Sun day school workers in July and Au gust 'Mr, Deitrich says that founda tions for the new building are now being laid. The building will have a frontage of 150 feet and will be 90 feet deep. It will contain 20 class rooms, a large lobby with galleries, stage and moving picture booth. There will be a library and reading room, faculty rooms, offices for the Sunday school editor and general secretary and business offices. The building is located on the Crest of hill between the upper and lower lak$s, and faces easterly toward the new missions building. It is on the the property recently purchased from E. N. Cole, of Charlotte, N. C. and adjoins other property owned by the Sunday school board and oc cupied by its cafeteria and dormit ories. - . The Phillips construction Com pany, of Waynesville, have the con tractandare already at work. The buikling was planned by the archi tecture department of the^Board of ^jt**"?* ^v^t**^** y ^. Church, South. The architectural secretary of that Board, J. A. Tay lor, is cooperating with the Sunday school board in the move to provide buildings' especially adapted to Sun day school uses. Sunday school leaders at Nash ville headquarters express the opin ion that the approaching season at Llake Junaluska will be among the most successful in the history of the Southern Assembly. They say that a record breaking crowd is expected for the season at Junaluska. - Mr. W. D. Phillips of the Boule vard is confined to his home this week with a severe case of influen za. ROT A RIANS HOLD BANQUET The Rotarians held a banquet laat night at the Colonade Hotel. Among the outaide speakers were Ed O’Hanlon, Winston Salem, Paul Schenck, Greensboro, Carl Jones of South Carolina, Dr. High, High Point, P. H, Gwynn, Jr., Reidsvillc, and others. Carroll Jones presented the char ter to the Loeal Club which has| been under process of organisation for the past three months. —----- . The Gazette was informed today, j that there are still other candidates for Recorder, one at least, namely, Mr. O. H. Hodges , the insurance man with offices at Spray. Mr. Hodges is a young man, married, and has a host of friends MAJ. PERCY LANIER REMOVED FROM GUARD ■ '■»— • ! (By Associated Pres*) Richmond, April, 4-—Major Per cy Lanier of Petersburg: of the Vir ginia National Guard, was dismissed from service upon the report of a military board Jhat he has “peither the capacity or general fitness for a commissioned officer in military service ti Virginia”. The charges which was preferred by Captain W. d. Armstrong were never made pub lie. CHICAGO RETURNS TO DEMOCRATIC PARTY A LARGE MAJOJ YJfY RITY Judge William E. Dever «! ected Mayor by 103,748 plurality REPUBUCAN SUCCEEDS JAMES R. MANN Associated Press) Chicago, April, d.-^udge Willing E. Dever, running on the Demo-' cratfc ticket, was elected mayor of] Chicago over Arthur C. Lueder, Re publican, by &, plurality of 103,748, according to complete unofficial re-: turns today. - J The vote was: Dever, 387,061£ Lueder, 284,213; William A. Cun nea, Socialist^ 40,841. A Democrat city clerk and city treasurer alsoe were elected. While the Democrats swept the> city tickets from one end to the' other the Republicans were not without consolation, for comple&i unofficial returns on election in ttjdij second congressional district to the vacancy caused by the death ofv Representative Janies R. Mann, showed Morton D. Hull, Republican., elected over Barratt O’Hara, Dem< ocrat, by nearly' 14,000 plurality, fj The vote was; Hull, Republican,j 56,330; O’Hara, Democrat, 42,498^ Seymour Stedman, Socialist, 5,955«J While the election' was quiet, if] set a record in one respect. Les4 than 30 minutes after the polls closfj ed' it was definitely known that Bh ver had won. While he had rolled up a large plurality it will nOt; reach the record of Mayor Thomp son in 1915. ine witnarawai oi mayor mornp son from the race prior to the Fej>« j ruary primary robbed the contqst of what was expected to be one its main issues: The merits of ttje Thompson administration. Jbm. race for a third term after anti* Thompson Republican factions had formed a coalition and selected Lea der as a standerd bearer. Today at Republican headquar ters leaders charged that Mayor Thompson’s organization had swung almost solidly to the support of Judge Dever. While ti'ere were a few reports of dsorder, slugging and kidnap ings of election watchers in certain precincts the election was unusually free from the many acts of law lessness that have characterized election in other years. One of the surprises of the may oralty campaign was the vote giv en to William A. Cunnea, socialist candidate who it was estimated would get close to 40,000 votes. The largest vote the socialists have mus tered before being in the neighbor hood -of 25,000. . r> ' ..— PROGRAM FOR U. D. C. MEETING THURSDAY, APRIL Sth Talk—Our debt of gratitude to the Black Mammy.—Mrs. E. D. McCall. Reading1—The Mammy and the monument—Mrs. P, V. Godfrey. Reading—The First voise against the monument—Mrs. Lucile Reid. Solo—Mammy’s Growing Ole.—Mrs A. D. Ivie. Poem-—The Black Mammy.—Mis?, Kathleen Walker. ‘ Solo-—Mammy’s Sleepy time Songs. —Mrs. C. Walton Johnson. SIMMONS WINS ' KLAN INJUNCTION fBv' Associated Press) , Atlanta, April, 4.—An injunction which temporarily places William Joseph Simmons in complete au thority over the Ku Klux Klan and prevents disbursement of any money except °n hi* order was signed late yesterday by Judge Thomas of Ful ton Superior Court, it was learned today. A hearing was set for Satur day. < STRONG SEA BRINGS SEACRAFT TOGEHER American Destroyer Fox col lided with British Cruiser (By Associated Tress/ London, April, 4.—The American destroyer Fox collided with tho | British light cruiser Ceres, at the | entrance to the Bosphorous yester i day, according to advices from Con stantinople to Lloyds. Both vessels Said the report, are adly damaged. A strong current is held responsi • We for the accident. VIRGINIA LABOR BODY TO MEET AT NORFOLK (Bv Associated Press* Danville, April, 4-.—Norfolk was ’ chosen as the next meeting place i and present officers were reelected at the closing session of the Virginia Federation of Labor annual conven tion. A resolution favoring the en actment of more stringent compul sory education law by the general ^assembly and one condemning the present National Immigration Law as providing for admission too many [aliens adopted. ! EPISCOPAL CONFERENCE TO CONSIDER EDUCATION (By Associated Press) New York, April 4.—Educational problems of both religious and sec ular character will be discussed at .the annual conference of education ;Iirl secretaries of the Episcopal Church, which will be held in Omaha Nebraska, April 12-16, under the auspices of the department of relig ious education of that organization. The conference will bring together educational readers- from all of the 86 dioceses and missionary districts he church in the United States. A feature of the conference will be a discussion pf the problem of s e<ttoWtion in the rural districts, which will be led by Dr. Harold W. Foght, of the United States Bureau of Education, and author of “The Rural Teacher and His Work.” Dr. Foght is the government specialist in rural schools. Bishop Longley, of Iowa, will outline the educational problems in the small community, and other speakers on the same sub ject will be Rev. Charles N. Lathrop executive secretary of the social ser vice department of the church and Miss Charlotte Forsythe of Pitts burgh. Another important topic scheduled for discussion is the mov ing picture, and a third is that of week day .religious instruction in the public schools, the discussion of which will be led by Edward Sar gent, who is in charge of this branch of the work for the church. Rev. Dr. William E. Gardner, secretary of the department of re ligious education, announced today that plans have been completed un der which, on Sunday, April 15, more than a score of cities and towns in the neighborhood of Omaha wll be provided with educational addresses and sermons by the dis tinguished educational leaders and clergymen attending the conference. In a statement issued by Dr. Gardner on religious education in the public schools, it was announced that in "96 cities in 21 states, secu lar boards '.of education are now cooperating with the various religi ous denominations in granting time from the school day for the religious instruction of pupils, under denom inational auspices, whose parents have given their consent to this ar rangement. DISBARMENT ACTION ATTY UGHT (By Associated Press) Richmond, April, 4.—A petition asking for the disbarment of A. H. Light, former commonwealth’s at torney of Campbell county, on the ground he “has been guilty of mal practice and unprofessional con duet” was filed in the State Sup reme Court by the Legal Club qf the city of Lynchburg SIMMONS AGAIN IS ousted From klan ! BY COURT ORDER ; Was put in possession yes terday and ousted again today THREE K’S BADLY DIVIDED AT HEAD (By Associated Press) 1 Atlanta, April, 4.—Sheriff Lowry 1 of Fulton county with a force of ! deputies took charge of the Imper ! ial Palace, headquarters of the Ku j Klux Klan Under an order signed by Judge E. D. Thomad disposses3 ' ing W. J. Simmons, Imperial Em peror who took charge of the head quarters and the Klan yesterday, under a temporary injunction ob tained against the Imperial Wizard, H. W. Evans. The order directed Simmons and others to show cause this afternoon why the temporary injunction against Evans and other officials of the Klan should not be dismissed. -O-7 VA. SUPREME COURT TO HEAR LIGHT CASE (By Associated Press) ' Richmond, April, 4.—The rule re quiring former Commonwealth’s At torney Light of Campbell county to ^ show cause why hs license to prac tice law in Virginia, should not be suspended or revoked issued by State Supreme court, appeals' the order returnable June 5th. The peti tion -asking disbarment of Light on the grounds of malpractice and un professional conduct while state prosecutor, was filed with Supreme court yesterday, by the Legal Club of Lynchburg. 9 1 HOUSE OF DAVID MUST SHOW CAUSE Mchigan must be shown why. Cult should continue (By Associated Press) Lansing, Mich., April, 4.—Formal ^ charges that the House of David col ony at Benton Harbor, is based up-. on “A foundation of deceit, immor-1 ality and fraud” in the Ingham county circuit court by Andrew Dougherty, attorney general for Michigan. The charges were filed in support of quo warranto proceed-! ings to compel leaders of the cult to show cause why the organization should not be disbanded. . i -O- ! ENGLISH TAXES ARE OVERDUE London, April, 4.—Many mil lions pounds are due to the British treasury from unpaid super-tax and , income tax assessments, according to the chancellor of the exchecquer, Stanley Baldwin. The total amounts to about 118,500,000 pounds or ap-1 proximately $590, 000,000. The in- j come tax arrears alone amounts to 95,000,000 pounds. In Great Britain and Northern Iceland there are approximately 5, 000,000 people with incomes above the exemption limit, but the tax liabilities of roughly one half of this number are covered by personal al lowances, deductions and reliefs. t -rv NEELY COTTON MILL EMPLOYEES STRIKE (By Associated Press) York, S. C., April, 4.—One hun dred operatives of the Neely Cotton Mill here went on a strike for a wage increase of approximately 20 i per cent. HINES MAKES NEW COMPENSATION RULES — fBy Associated Press) t Washington, April, 4.—Director Hines of the Veterans Bureau ap-. proved new rules of procedure *n handling compensation cases de signed to prevent political and other pressure from influencing unduly 1 compensation allottments to former ! soldiers. * MARTIN AEROPLANE FACTORY COMPLAINS Sues manufacturers on char ge of conspiracy asks over one million (By Associated Press) Washington, April, 4.—Alleging a conspiracy to destroy his business, James Martin of the Martin Aero plane Factory, Long Island, filed a suit under the Clayton Act to re cover $51,510,000, from the manu facturers Aircraft Association Inc., as 27 other Corporations and 38 in dividuals. The plaintiff declared his busi ness had been damaged to the ex tent of $17,000,000 and under the Clayton Law ho claimed triple dam ages plus attorney fee. He charged the" defendants had conspired to monopolize the aircraft trade, had slandered him, burned his planes, stroyed government reports com mending his devices and even made plans against his life. Among indi viduals named are Benedict Crowell former assistant Secretary of War, Major General Patrick, Chief of Army Air Service and Rear Admir al Moffett, Director of Naval Avia tion. ■o NORTH CAROLINA COLLEGE FOR WOMEN Greensbro April 4.—High schools from many sections of the state send representatives to the music con test at the North Carolina College, for Women on April 19 and 20. This is the fourth annual contest of the kind, and more schools are send ing contestants than ever before. This year no county contests are being held, but all the schools may send representatives to Greensboro. Professor Wade R. Brown is direct or of the contest. Contests wil be held in Piano playing, violin playing, singing and choral work. The choral work will include boy’s and girl’s glee clubs, boys quartets, girl’s quartets and mixed quartets. Voice solos will be divided into those for soprano, con tralto, tenor, baritone and bass. Special selections for each group have been listed by the committee in charge as guides for the schools in choosing numbers for competition On Thursday evening, Aprl, 19, the visiting students and teachers wdll be entertained by the college concert and lecture cburse. Edwiir E. Slosson, noted writer and lecturer on scientific subjects will lecture at the college on April, 5, his subject being “The Creative Chemist.” Applications are rapidly coming in to the collge for next year, and it is expected that all reservations will be taken before June. The number of students now in college who will return for next year is larger than ever before, and the upper classes especially the sophomore, will be 'much larger than usual next year. There are 123 members of this year’s graduating class. England cannot find out what our foreign policy is by sending her Statesmen over here, unless Ithey get in on bringing up father. A colored murdered in Hazard Kentucky, asked for an all-colored jury to pass judgment on his case. He got his wish, and the first all colored jury in the State convicted him in eleven minutes and he was sentenced to the penitentiary for twenty one years. BAtNDITS ROB BANK AT WACO, MISSOURI fBy Associated Press) Joplin, Mo. April 4.—A motor car loaded with police and heavily armed left here in effort to head off two bandits who entered the Bank of Waco, Missouri, held up the cashier, scooped up all the mon ey in sight and sped away in an au tomobile.
Tri-City Daily Gazette (Leaksville, N.C.)
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April 4, 1923, edition 1
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