Newspapers / Tri-City Daily Gazette (Leaksville, … / Jan. 28, 1924, edition 1 / Page 1
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H JANUARY 2$, 1924. . ..•'», Bi.—•' ■ .1 - — T " ■ ■ ■■ ' ' teachers’ Relations to Pupil Is Defined by Judge Bryson ROD MUST NOT BE USED IN MALICE yfjto Scott jury reported a mistrial; I it Is said, « and 0. i T. D. Bryson’s charge to the Jury fa Superior Court Friday was' probably as dear t had been heard at Went worth In many years. _ The Gaaette believes that for sehoo , defining as it does the legal dp between teacher and is well worthy the careful read f.tteehers and school patrons, representative democracy such the proper and orderly func of government, depend* T, if not solely on our ability to public schools 100 per cent oflkient. This must be brought abou‘ through a sane discipline of the stu ‘dent body, especially in the primary Therefore, teacher and parent car Bod in Judge Bryson’s charge food for reflection, to the end that a more aympathic co-oprstion between parent aid teacher may be soundly establish ed, The following is Judge Bryson’s charge to the jury: Gentlemen of the Jury: The Bill of Indictment, or rather warrant, this being an appeal from a judgment of a lower court, charge the defendant with an assault and battery. The-defendant meets this charge with an assertion of innocence and plea of Not Guilty. Where one ia charged with the vio lation of criminal law and enters f pita of Not Guilty thereto, the lav' raises the presumption of innocence sad this presumption remains with GW accused until the State haa es tablished his guilt from competent evidence introduced, beyond a reason able doubt. This rule, Gentlemen in the case that we are now tag and the burden is upon _ (o satisfy you of the de fa guilt, beyond a reasonable la the present case, the rule applicable in trials ot and battery and v# PU(MI M WMiWHOHVU w* _, then the law vests in the mast firm teacher c right in the main tenance tf discipline, in the enforee ment of rules ami regulations promul gated, the right when the necessity arises, of inflictirft upon the person of the pupil corporal punishment; and in so doing or when such punishment is administered, Ore law presumes that the act of the master was well within his authority and that he, be ing the judge of the necessity of in flicting punishment and the extent thereof, on account of bis peculiar knowledge of facts and circumstances which influence Us action, has acted within his discretion *nd no criminal i has been committed: hut! the State upon a charge of this __ established from the evidence beyond a reasonable donbt that punishment was inflicted by a master Upon a pupil and was not done so in' the wey end manner permitted and allowed by lew but on the contrary tbft such act or acts were indulged in by the master for the purpose of gratifying malice, 11-will, as directed towards the person of the pupil, or generally in its nature, then when aueh facta ere established, the Law does not-permit such conduct upon the pert ff the teacher The question, therefore, presented in this case. Gentlemen, is: Has the State satisfied you beyond a reason able doubt that the defendant, while actiaejp capacity as teacher, in order umjpfp* the purpose of gratifying gkaflep or ill-will directed as against the parson of his pupil, inflicted upon agph pupil corporal punishment. If ~"lpete has satisfied you beyond a gable doubt of these facts, then would attach to such act; and m ^ State has not satisfied you of such facts beyond a reasonable doubt then guilt would not attach and there have boon no criminal offense The ocftte insists vu»v »• y0% beyond a reasonable doubt, tha' the relationship of master or teachei and popil existed as between the de fendant and the lad introduced as s Witness. The State further instate that pn should be satisfied from the ishment, and the State insists if the ,-J had committed such act as called of red corporal punishment, was not administered as a correcting or corrective agency hut was administered in the way and manner which the State insists that it was, in order to gratify the malice of the defendant his ill-will. The State insists that as a preface to the act of the defendant that he made inquiry as touching whether punish ment inflicted in fights had ever caus ed or produced tears on the part of the boy: and the State insists that when this question was asked which the State insists was asked that there was then in the mind of the defendant a purpose or intent not to correct the child to the end that discipline might be maintained and order enforced: but 'to correct him in such a way and manner as to produce for the per sonal gratification or the gratification of malice in the mind of the defend ant tears to flow from the eyes of the child: *nd the State contends and in sists that he administered the pun ishment in such a way and manner and for such a continued length of time as is indicative or an attempt to gratify such a desire on hi» park The State insists that instead of using one switch that the defendant used two, and that after that had been used and had been worn out that the question was then asked the boy, “Aren't you going to cry” and the State insists that that was a declaration of the purpose and intent of the defendant who possessed malice which was then ha his mind to cause the boy to cry and'then to gratify his, the dedenf ant’s, malice or ill-will;- and the State insists that again he resorted to the use of the switches, again using two, and after* they had been worn out, he again propounded the same inquiry and again ued two switches and for the third tinte, the State insists, be labored the person of the boy there with atid agai* for the third time, and then, for the fourth time, as^the State Insists, to i t iitetrtir ctfhor Users with in you should be satisfied oeyona a rea sonable doubt that such were the words used, as well as the acts of the defendant, and the State insists that as a result of such actions on the part of the defendant marks, bruises, were seen and observed upon the per son of the boy, appearing possibly the same day and being apparent and observable and being observed b> divers persons, as the State insists for some days thereafter; and that the boy’s body bore the mark of such stripes and that in one or two places, ns the State insists, upon the calf of his leg the blows had been laid with such severity as-to break the skin and I'uiiiii the blood to flow therefrom; and Anally in the course of healing tb | scab over and the State contends and insists that the jury should And from the testimony and be satisAed beyond a reasonable doubt of the mark^l which the State insists were upon the boy; and therefrom should likewise in connection with the other testimony which the State insists should be found, should be satisAed from all the testimony that the defendant, net for the purpose of enforcing discipline, not for the purpose of correcting other offenses committed; not for the purpose permitted by law, inflicted such punishment, but for the purpose of gratifying his malice, his ill-will; and being so satisAed, that the jury should return a verdict of guilty as against him. The defendant contends ana insists that hie innocence should be declared ind not his guilt. He insists that being teacher of the school, it was necessary for him to maintain dis cipline ,to enforce order, to cause obedience to the rules and regulations necessary for the proper government of his school and that as principal thereof, he was the one who was re quired to maintain such order and such discipline, and he contends and 'mists that the lad was a rude, boy, tad on more than one occasion trans gressed as against the rulesofthe ■chool, causing discord and disturb ance; that from time to time be had remonstrated with him and endeavor ed by mild means to correct his way; but that such efforts upon Tils part 'tad been futile, had not been pro ductive of the desired results and that the act of the lad Anally culminated in an encounter or a light with one of hia fellow-etudenta; and the defend ant Montands and insists after Wring ing Mm before Mm, he, the defendant having seem with hi* own eyes the that he questioned the l*d in ISlitd to such action and was met by PltJi Ean HA mssnua rosiouicc Rotted of $30,000 (By Associated Press) Butte, Mont, Jan. 28.—Two masked robbers entered the MUaiula post office, held up two clerks and got away with $30,000 to $86,000 in cur rency consigned to a Missoula hank, local post-offlee officials announced to day. COOLIDGE TAKES ACTION IN OIL LEASE SCANDAL (By Associated Press) Washington, Jan. 27.—Direct ac tion by both President Cootidge and the senate toward annulment of the naval oil leases is forecast within 24 hoars. Announcement of the administra tion’s determination to act promptly on the basis of disclosures -before the senate ail investigating committee was made at the White House last midnight after the executive had con ferred with several, of his advisers, both in the senate and the depart ment of justice. I Special counsel—probably taro in number—drawn from both political partite will be selected by Mr. Cool idge to prosecute the cases “so that If there is any guilt it will be pun ished; if there id1 any tivil liability it will be enforced; if there is any fraud K will be revealed, and if there are any contracts which are illegal they will be cancelled.” SUNDAY ANNOUNCEMENTS The church announcements when brought to the Gazette office by 10 o’clock Saturday morning are publish ed free of any charge from the copy furnished. When they phoned to this offioe and mistakes occur, and they will some times, we do not wish to be blamed. Last .Saturday the Gazette found itself in a pickle. A church 'notice had been phoned the office Friday, and before the message had been en tirely written, the party at the other end of the wire,, hung up before the name of the church was received. On Saturday it was impossible to locate the pastor of two Baptist churches, for it was known that one of them phoned the ndtfee in, but as neither could be located, there was nothing to do but leave the notice out. Since .then we have learned the facts. wilt let the Gazette sdrve them, by giving us their Sunday service an nouncements. Notwithstanding Christ’s command “to preach and heal, the Church of England has Anally concluded that “no sigh person must look to a clergy man do what it is a physician’s or sujpjaitV dut yto do.” The report is geaffpl in' character and admits that the subject is too many-sided and difficult for speciAc conclusions. “And what time did the robbery take place?" asked the lawyer. “I think—’’ began the witness. “We don’t care what you think.” said the lawyer, “we want to know what you know.” “Then I might as well get down oc the stand,” said the witness. “I can't talk without thinking; I’m no lawyer.” And-ProUidw Forces for Modification of (By Associated Press.) Washington, Jan. 2.—Anti-prohibi tion forces of the notion announced the formation of a joist legislative committee to work for jkie modi flea j tion pf the Volstead act. | The American Federation of Labor, | national association agagist the pro hibition amendment and the modern-' tion league, incorporate sented in the committee and Co-operation from ganisations and ind sympathy with the modifi ment” will be invited. LONDON HOSPITAL LARGE ENDOWN (By Associated ^rcss) London, Jan. 28.—The London Hospital, which provides free treat ment to the poor of the East End, begins the new year wfc% an endow ment fund of 9800,000 aU contributed within the past six weeks. In No vember a benefactor mho has re mained anonymous promised to double every contribution sent in before the 1 close of 1923 up to a total of $400, 000. ASP. M., on December 31 the last shilling of the amount had come in from Voluntary contributors. Sir Harry Mallaby-Deeley then of fered to double every contribution in excess of $400,000 up to $100,000. Nearly all of England’s hospitals are supported entirely Vy voluntary contributions. . ‘ LOCALS H. G. McGinn, of- Greensboro, was in town Sunday. ■ W. B. Weaver and son, Billy, were in Martinsvie, Va., Sunday. G. L. Bobbitt is in Henderson for a few days. Mrs. Frank Hedrich is quite sick at her home on Patrick Street. Billy Dunn, son of Mr. and Mrs. A. W. Dunn, was quite sick Sunday. Mrs. W. F. Whitt is very much in disposed today. It Mr. and Mrs. Atkins, of Mayodan, were week-end visitors in our city. John Head spent the week-end in Charlotte. Miss Lottie Lemons is visiting relatives near Stoneville. Tom Welkins has received his new Buck. Some class to Tom. C. M. Lewellyn, of Mt. Airy, was in town calling on friends Sunday. W. R. Turner, Tom Slope, “Shorty” Martin and Miss Elsie Dehart spent Sunday with friends in Mayodan. Misses Eunice Jerome and Clarisse Rose, of Thomasville school faculty, spent the week-end with friends at the Carolina Home. Read Tour County’s Daily Paper First. Water and Gas Delay Rescue Work in Coal Mine; 35 Are Dead DILLON—DYER A wedding which came as a sur prise to the many friends of the con tracting parties was celebrated Satur day, January 26th, at high noon at the Robert E. Lee Hotel, ' Winston Salem, N. C., when Miss Irens Elisa beth Dillon and Willard McCloud Dyer were married. The ceremony was performed by Rev. John Foster of the First Metho dist Church. Miss Dillon was gfcen in marriage by her father, John W. Dillon. She was attired in a lovely tailored suit of grey with accessories to match and carired a bride’s bou quet of roses and lilies of valley. Those who attended the wedding were Mr. and Mrs. John 'W. Dillon, Mattis and Tray Dillon, Mr; and Mrs. John A- Burton, Spray, N. C., Mrs. W. E. Price, Danville, Va.; Miss Ora Wilson, Spray, N. C.; Miss Alma Martin, Martinsville, Va.; Mr. and !Mrs. William Simmons, and Miss i Mary ^wnn" 2 | Mils Dillon is the oldest daughter of Mr. Sad Mrs. John W. Dillon, of Spray, N, On and is much beloved by a host of f rivals throughout the State. (By Associated Press) Shanktown, Penn., Jan. 28.—Hin dered by water and gas in areas where rescue crews were battling to reach a small group of miners still entombed in the Lancashire mine here of the Barnes and Tucker Coal Com pany. Little hope was held that any survive. Bodies of thirty-one who died as the result of an explosion ol gas in the mine late Saturday have been removed. The bodies of five others have been located and four more, it is believed, are yet to be found. JIM REED TOSSES HIS 80MBRER0 IN THE RING St Louis, Me., Jan. 27.—Senator James A. Reed, of Missouri today announced his candidacy for the Democratic nomination for the presi dency and solicited the indorsement of the Democratic State convention which will elect the Missouri dele gates to the National convention. His dOcisio nto run followed a conference here with more titan 150 of his fol lowers representing nearly army community of the State. OPEN SAFETY PIN 18 LODGED IN THROAT OF CHILD, ARCADIA, 8. C i Spartanburg, 8. C., Jan. 28.—With an open safety pin lodged in her throat, point up, the 1-year-old daughter of Mr. and Mrs. W. E. Gillespie, of Arcadia, was taken yes terday afternoon to a Philadelphia hospital, after Unsuccessful attempts had been made to dislodge the pin. The little girl swallowed the safety pin Saturday night. An X-ray pic ture made Saturday night, showed tin. pin was open and the point embedded in the throat up to the hinge, in such a manner that it could be pushed down, but refused to come back up. Sunday morning the child was taken a Greenville surgeon, who be ing unable to remove the pin, directed that it be carried to a Philadelphia specialist. It is understood that Dr. Jackson, the specialist who removed a tack from the lung of a St- Louis child several days ago, will perform the operation. IN SUPERIOR COURT Paul Kirkman, Tug Flanagan and H. C. Collins, for breaking, entering and larcency the W. F. Burton Store, live miles out of Reidsville, were sent to the State prison for a term c/ years. Kirkman, six; Flanagnt, four, and Collins, two years. Mr. Burton caught them in the act and held them with a gun until relief came. Their stealings ran close to 8200. Willie Young got two years 0n the roads with stripes, for entering the store of D. E. Moore A Sons. Young is young in years as well as in name, and probably saved him from being sent to Raleigh. J. W. McFarland drew a 4-year sentence in prison at hard labor on a larceny charge. He obtained mer chandise, valued at 226.60, from a Reidsville store, and obtained $10 from a Reidsville hotel by misrepre sentation. Buster Scales for the larceny of an army gun, the property of Captain Gwyn; of Reidsville, got two years on the roads. Marvin Crouch was charged with breaking, entering and larceny. He was found in an intoxicated condition in a north Spray store at 2 o’clock in the morning. Sentence had not been pased on him Friday. Edna Hally, of Winston-Salem, was caught in bad company and her oaa went.QymUgJffs ^ W. S. Williams and Mrs. A. T. Hopper were in Danville for two days the latter part of last week and at tended the funeral of Mr Smith, father of Mrs. J. S. Wiliams. COURT ORDERS NEW JAIL IN LEAKSVILLE TOWNSHIP AT ONCE (Staff Correspondent of the Gaxette) Wentworth, Jan. 26.—The Grand Jury completed its work here late Friday after returning many true bills and investigating county affairs, submitted their final report to Judge Bryson before the adjournment of court. Among other things the jury rec ommended was a new jail for Le&ks ville township, and the judge said if this was not done by time of the next court ,he would inquire asJto why it was not done. The condition of the Spray jail was made known to the jury by several persons. They were told that as many as fourteen were locked up there with only room for five or six. Men and v.omen, black and white are often locked up together. Prisoners protest to the officers against being locked up in such a place, but the officers are helpless. The Grand Jury was compliment by Solicitor Graves and Judge Bryson for their good work in returning bills of indictments and for assistance rendered the court and solicitor. Tom Smith, of Leaksville, was fore man of the jury, and put in a busy week. The jury s report follows: To His Honor, Judge T. D. Bryson: We, the Grand Jurors, for the Jan uary term of court, 1924, do submit the following report. Jail in Wenlworth •We appointed as a committee, apointed by the Grand Jury and as forming a part of the Grand Jury, were appointed to investigate the con dition of the jail. We find after investigation the jail to f>e in good condition, and the prisoners say they are well fed. We would recommend that the ceil for the insane be arranged so as the jailor can feed the inmates without going inside. We also recommend that a stool be placed in this cell. It seems that a space on the second floor needs flooring and this should be attended to at once, so the jailor can walk around the cell* and see every thing that might be going on. We recommend that a solid floor be made at the door on the front of the Eleven People Are I Killed by Explosion 1 When Lamp Is Lit Items Right Off the Telegraph Wires (Fy Associated Press) Washington, Jan. 28.—The govern ment’s suit against the New York Sugar and Coffee Exchange, which was charged with operating in viola tion of anti-trust laws, was dismissed by the Supreme Court. (By Associated Press) Washington, Jan. 28.—The right of State to prevent national banks with in its borders from establishing branches, was upheld by the Supreme Court which at the same time ruled that the same prohibition was con tained in the Federal statutes them selves. (By Associated Press) Greensboro, Jan. 28.—Demand of some members of the senior class of Davidson College that President Mar tin be removed, is described by L. Richardson, president of the alumni asoeiation as a “tempest in a teapot” * * * "it is a matter for trustees and not alumni asociation,” Richardson said. “I believe the hoard of trustees is solidly behind President Martin.” (By Associated Press) Boston, Jan. 28.—Finding of suicide reported by Acting— Medical- Ex aminer Brickley, in the case of Miss Margaret Harding, daughter of Gov ernor Harding, of Boston, of the Fed eral Reserve Bank. She died at the Harding home here Saturday. Ill health was probably the motive, Brickley said. (By Associated Press) Benton Harbor, Mich., Jan. 28—Coy Purnell, 40 years old, son of Ben jamin Purnell, fugitive king of the House of David colony, died at Shiloh house, his father's home, late yesterday, following a lingering ill ness, aggravated by pneumonia, it was made known today. “-The guuBiaptiKi»«M»t>[ wfr'frwiftw born population is in Allen County, Indiana, twenty miles further west than in the 1910 census. Ann: “The man I marry must be able to put the world at my feet.” Dan: “Well. I have $25,000 in cash. Will you be satisfied with Russia and Germany for a starter?” First Stenog: “The idea of your working steady eight hours a day! I would not think of sue ha thing!” Second Stenog: “Neither would I Its was the boss that thought of it.” Peevish Pete, the Pipe Peddler, sez: “Like a ‘worm of the dust,’ man is born and wiggles about for a brief time until some chicken gets him! Say!” She: “You raised your hat to that! girl who passed. You don’t know her, do you?" He: “No, but my brother does, and this is his hat.” * Alice for the first time saw a cat carrying her kitten by the nape of its neck. “You naughty cat!” she cried, “you ain’t fit to be a mother. You ain’t hardly fit to be a father!” “Love girl; my dear love girl, You’re the breath o’ my life,” he cried. “Won’t you hold your breath?” she asked. The Mutt said he had never tried Read Your County’s Daily Paper First. THE GAZETTE IN EVERY HOME (By Associated Press) Tawtucket, R. I., Jan. 28.—Eleven persons were killed _j>y a gas explo sion in a two-family house at Man ville. Mrs. Michael Conway was awakened by her young daughter, who complained of odor of gas. She lit a lamp and the explosion which destroyed the house followed. Mrs. Conway, her two sons and daughter escaped, but the husband was killed in the adjoining house, where a family of ten, named Hammill, resid ed and it is believed they all are dead. BRITISH TO DEVELOP THE BEET SUGAR (By Associated Press.) London, Jan. 28.—Another attempt is being made to develop the British sugar trade, this time in Suffolk | County. At Southwold Harbor, it is planned to erect a sugar beet factory in time for next season’s beet crop, the factory to be fed by a circular, railway forty-five miles long embrac ing about 200,00 acres for the transport of beet. The new factory is expected to pro duce 8,000 tons of sugar each year. DOUBT QUAKEPROOF HOUSES (By Associated Press) Tokio, Jan. 28.—News that the American government proposes to erect an "earthquake-proof building” in Tokio has aroused considerable in terest here, where the question what buildings are quake-proof is being continually asked. Old buildings,' which many thought would go at any time, stood after the big tfhock of September 1. Some modern build ings which were said to be proof against the worst damaged, and in which guaranteed their buildings some cases construction companies earthquake proof are being called upon to replace them. MRS. J. B. RAY ENTERTAINS THE THIMBLE CLUB* ..I' ■ a large number of members present at the Thimble Club meeting; which y was held at the home of Mrs. John B. Ray, on Washington Street. There were also seventeen visitors present on this occasion. An interesting program had been prepared, Mrs. E. D. McCall sang, Mrs. H. P. Mansfied gave a reading, Mrs. T. H. Barker a reading, one of “Uncle Remus” stories. At the close of the meeting the hostess assited by her sisters, Mrs. A. W. Dunn and Mrs. W. 0. Jenkins, served deicious refreshments con sisting of a salad course, hot biscuits, coffee and whipped cream. ARMSTRONG—JOHNSON Fred Paul Johnson, of Ohoopee, Ga„ and Miss Ethel Helen Armstrong" of Linwood, Mass, were married Sun day afternoon at 3:45 o’clock at the Baptist parsonage on Slivinia Street, by. Rev. J. M. Everett, pastor of the Spray Baptist Church. The couple were unattended: and the bride "wore a beautiful dress of turquoise-blue chiffon. The groom wore a suit of mixed grey. The bride is a niece of Mr. and Mrs. Petlingreigh, of Regal Inn and is a charming young lady of consid erable unusual talent and is very popular with the younger people. The groom is emplayed as a com positor for the Acme Printing Co., and is a young man of splendid personality. The couple’s many friends wish them great joy and much happiness in their new venture. {After a brief (honeymoon to Danville and vicinity, Mr. and Mrs. Johnson will return to Spray, where they will make their home. Guards Forced to Drink; Bandits Make Big Haul He: “We’re coming to a tunnel. Are you afraid?” She: “Not if you take that cigar out of your mouth.” In an imposing array of achieve ments United States Prohibition Commissioner Haynes has enumerat ed a ist of outstanding dry incidents of the year just cosing. He sum marises the situation thus: “National ly the progress has been nothing There is but trd drinking (By Associated Press.) Chicago, Jan. 28.—Bandits are_ to have numbered twenty or thirty, raided the Hammond Distillery Com pany’s plant at Hammond, Ind., which is used as a government warehouse, and according to the -unique story of three guards, forced them to drink whiskey until they were thoroughly intoxicated, and then robbed the place of sixty barrels of whisky. Tt
Tri-City Daily Gazette (Leaksville, N.C.)
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Jan. 28, 1924, edition 1
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