Newspapers / The Mount Airy News … / Nov. 30, 1911, edition 1 / Page 1
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1 & w s I AAAy ATO' V VOL. XXXII M0UN1 AIRY, NORTH CAROLINA, THURSDAY. NOVEMBER 30, 1911 NO. JO 3ra mJm Get Vote To-day for Popular Ladies of Mount Airy and Vicinity PENN'S PLEASING CONTEST Christmas ia only a few days oft. Tho season will 1m. de lightfully enjoyed by those who have preparedfor the Holidays. Perms Pleasing Content is the mean of mm having a bnghU-r arid happier Christmas' season than ever to just at this tune w when the $100.00 will be distributed Ixtwccn nix Ladies of Mt. Airy ajul vicinity for their efforts in securing Vote during Penn Pleasing Contest which ends De. 20, at 1. I'. M. The lovers of tobacco ceonomy u satisfaction liave ben quick to learn of tho pleasing produotSvof The F. It. Penn To bacco Company, of Itcidsville, ' North Carolina. Kvery tr.haeeo inter is mjarantccd satisfaction from his ehoiee of Pen Kn 1. Hun Liflrht Sim Cured Ked J or Queen Quality. The purchaser is entitled to tickets with each nickels purehai' good for voted yet started in the- Contest can mako theinae-lvcj eligible to one of the award by voting now to iol votes and keep at it until the Contets closes Heniember there are Six Awards to be made No Contest was ever conducted along Much liberal lincs. Every purchase of Penns No. 1 Sun Light Sun Cured Ked J or Queen Quality get you 5c worth of th bent tobacco on the market and on vote. The names of the Contestants will again be published in the ' next issue of thU paper according to their standing as to votes polled but tho number of votes each has to her credit will not again be published until near the end of the Contest. It is im portant that you deposit your votes in Ballot Box at Peoples Drug Store each day. VOTE OFTEN 2 D0BS0N COURT, Mill -SSSfile lloit, of Eockiom "-wJwnAhip, was up before the wurt for fighting. She was at tha tobacco barn where her hus nd had sent her to work at je tobacco and when she got Aear the barn she saw her neigh- or, J. W. Bowles, and she ad auccd on him with a rock in ne hand and a brick in the ther. She ordered him away ml when he failed to get as ist as she thought he should ave moved she let drive with e brick and then with, the ilr Without, thn least delav e was gathering up more dead- weapons and Mr. Bowles ought he was justifiable in pping her further warlike oj- ttious by slapping her down. . arose from the ground an aged tigercss ami what she d to do for hism was a nty. She fastened her grip hi pants in a r'tner enn . . . . i i misirf wuv an. I neiu on i.h 1 a death. Mr. Bowles got busy he had no mean antagonist A IT. 1- 1 eat wun. lie situck ner on arms and tried to break her and when he finally got i the enraged woman had nearly every rag of cloth- rom her body. Bowles got and well he did, for her ition to fight was not the ubdued by the tustle they id. The lawyers argued ,i it. so at lengtn anci aoie la were made on both ut her reputation for ing every man Bne nas e of any kind with was jilt 0.1 HH7 JU4 iiwimu t of guilty. IX) Jig was fined ten dol- id the cost for having his lrawn during a row that with some neighbor boys western part of the county. I Ilodgcs, a fifteen year i, who lives near Mt. Airy, lit to jail for twenty days father made to pay one 1 dollars to the father of ie girl that he assaulted. Ime was committed near y last spring and attract- ttlo attention at the. time. ng man was first indiet- I : assault with intent to a rape, but owing to his the statement from a fiat tne ennu was not ui- was allowed to plead a simple assault, time was consumed by irt tryinc to decide J or not the case of L. harped wit hi thft munler otss? of J. VV. Jolly, should be tri 1 at this term of the court. Affi davits were presented by h laiwyers, Messrs J. C. Buxt m and W. L. Reece, to show that he ia inwane Eight years a?o u ;2 atfiU f & tfintt '&fV"1U sano asylum at Marion, Va. and they claim tjiat his conduct since then ha,i b'en that of a man who is of unsound mind. They claim that lie does riot sleep wll at night and tha4- ie has hail a cuskn of getting up and going to the door in the- dark and with hia knife try to cut the devil as he was trying to get in through the cat hole. There he would remain for some time and try to keep the devil back by jabbing his knife through the Title opening left for the house cat. The neighbors say that if he ever had such spells it was when he was drinking, and, in the opinion of those who live near him, he is a sound man and responsible- for his conduct. It is the opinion of those who have expressed themselves that should a trial be had at this time he would go to the elee--', "'"! The vp eor- tinuul to gi. the hwyus t'me to get evidence froju the his pitai showing his mental condi tion rand to prepara their cas His idea will be insanity. L. Tilley U a very small man and shows to be of a degenerate type. He is a peculiar man and one that you would remember as long as you live should you see him once. His head is very small and the distance between his cheek bone and the lower part of his face is so small that his face looks out of proportion, nia little narrow upper lip not more than a quarter of an inch wide and the little mustache all go to show that he is a man out of the ordinary. Rufus Thomas was fined $10 and the cost for using his knife on Robert Greenwood in the town of Mount Airy some weeks ago. The boys engaged in an affray in which there was no damage done, but the Thomas boy showed a bad spirit' when he used his knife. Cleve Key had been in jiil six months) awaiting trial under the. charge of cruelty to anunals. The boy lives in the country north of Shoals and was in court without a lawyer to rep resent him. The charge was that he cut a mule with his knife, and the judge thought he had lnen punished enough. The truth of the matter is the boy iL. a fit of passion cut a d?ep gish a foot long with his knife in the hip of a fine mule and ave aa his reason for this conduct that the mule had stemvd k. his foot. The mule was a fine animal, said to be,-worth i(2f0, and was badly hurt John Huojcr Was mad( to pay the cost of an action in hich he was charged with making an asnault on J. E. Children. at the hrme of James l'ik in West field Township. Hunter married the laughter of Jarm Pike and they havei separated. Hi tied their separation they have hud numer ous difficulties and have been almost constantly before the County (Courts. Will Miles a bright looking young white man of the fiiloam swtion was sent to the roads for twelve month) for stealing a shot gun. The facts in the case were that the. young fellow stolrt the gun which was worth twen ty dollars and got drunk and sold it for two dollars and a half. IIo had been indicted be fore for obtaining money under false pretense. He was in court without a lawyer and his ease was disposed of in short order. It. I'. Comer charged with dis turbing public;, worhsip at Ia donia church in the western part of the county was acquitted hy a jury. At a mteting some time ago when the pastor was receiv ing candidates for membership some one was heard to say "No", in an audible tone when the vote was taken on the candi dates. A silence was provoked by tho "No" that was heard and some witnesses thought it amounted) to disturbing the wor ship. Other witnesses failed to hear the "No" and thought! there was no disturbance. The jas tor of the church though, tbi worship was disturbed. Mr. Comer admitted that he said "No" at the time that the oth ers, churned he did, but his wr- v.yzt,7S'Xr some one sitting near him offer ed him a cliew of tobacco and he declined it at a time when he was picking something out of his tooth, and while he meant to decline the tobacco in a whis per, he spoke in a tone that wa slightly audible. The worst feature of the cas-? wrh nn effort to inject personal feeling into it. It was argued by the attorneys that "'all tine trouble was due to the fact that Mr. Comer h1 been active in the breaking up of blockade dis tilleries, and that this prosecu tion was due to the neighborhood bad feeling that has long exist ed. W. L. Steele and Charly IIo!ge, both of Mount Airy, were fined ten dollars each anil one third the cost for an affray some months ago. I). M. Hodge wa taxed with one third the cost and claimed that h-e did nothing more than try to stop the fight. The young men are near neighbors and had a dis pute over the ownership of a tool. Weapons were used but no serious damage done. They have made friends and this feature had much to do with the way the Judge disposed of the case. A case that consumed much of the Court '8 time was the trial of Irvin Cobb charged with shoot ing Tom Valentine near Mount Airy some time last summer. They are hoth young negro men and liquor was at the bottom of the trouble. The story in brief is that Tom Valentino wentj to the home of Cobb and was drinking.- He had his gun and made threats, and terrorized tho family. Young Cobb got on a mule and went to a neighbor's home and borrowed a gun and came back in post haste and de liberately emptied the contents of his gun in the shoulder and body of Valentine. The wound nearly killed Tom and he may never entirely recover! from the effects. Cobb was fined fifty dollars and the cost and Valen tine twvnty five dollars and the cost. Continued to page 2. There Is little danger from a cold or from an attack of the grip ex cejit hen followed by pneumonia, sod thU never happens when Cham berlain' Cough Kemedy U used. This remedy has won its great repu tation and extemlre tale by Ua remarkable cures of colda and grip and can be relied upon with im plicit confidence. For ! by all KELLAM ACQUITTED A Jury Frees Thoi. Kcllam Charged With KUltajf Henry WhiUktr. The trial of Thomas Kcllam for the killing of Henry Whit skcr was begun at Dobnon on Thursday, Nov. 2.1, 2:.'0 l M. It required all tho afternoon- to secure a jury and the following citizens were selected to sit n tlw case: W. V. Lawrence, L. h. Hodges, J. A. Durham, U. H. Hemming, T. D. Hatcher, W. T. White, W. J. Hodges, O. W. Carver, J, L. Tiiley, E. C. ,Shel ton, S. 0. Wright and N. W. White. The jury was put in charge of Deputy Sheriff Jim Miller. The taking of testimony was Ix'gun at. nine o'clock Friday morning. The date of the kill ing was Oct. 12th, alKut 8:.'J0 in the morning, in the town of I'ilot Mountain on Main Street and on the hide walk in front of the stores of the Fulk Hardware store and Hoy las' store. These two places of business are north of the bank and near the post office. The deceased, Henry Whitaker, was about sixty five years old at the time of hisjaj(.r Wftg prewiring to go to the ueauL iuiu uau weei ynvcuuiuK j country to appear m a case De law alout two years. He was fore a magistrate ami went to a man of large body and more than: ordinary strength, but he was ruptured badly. For many years he lived in PUot Mountain and was well known as a busi ness man. He never owned very much property but for years sold sewing machines and, in one way and another, did much bui- Ticss with the general public, lie had a habit of buyuig up old claims that other people suppos ed wer! worthless and in his ef forts to collect be had no li'tle iWgaxi;nr,-a!ii,-iTr-T7r'iif ( ay, nT&fcr many enemies. He had a re spectable famiily of several chil dren and most of them live here in the county and are number-1 ed among the best people. Mr. Whitaker was considered by many, an the lawyers expressed it, a violent and dangerous man, but in the testimony some of the witnesses declined t osay that he was dangerous, but ad-! mitted that he had a violent temper. Many witnesses testi fied that he was both dangerous and violent. 4No man wijuld do a neighbor post office. The lot was only a a favor quicker than Mr. Whit-Khort distance from the poat'of aker, and while his neighbors j fice. The two men met nearly say that he was dangerous and j in front of the Hardware store violent, they also say that in j and several witnesses saw them his private life h... was a good ( at the time they met. One or ueighbor and that no man could j two saw the knife in Wbitaker's ireai a guest at nis nome wun more- respect, and kindness than he. It was admitted that he hail never been, indicted in the Su perior court for any offense. Thomas Kellam, the man who killed Mr. Whitaker, is twenty six years of' age and has Mived in Filot Mountain ten years. He is the son of Mr. Clark Kellam, a resected citizen, and receiv ed hi license to practice law about two years ago. He has been crippled from childhood, having no use of his right leg from his body down. He walks with one crutch which he carries under his right arm. Since be ginning the practice of law he has had more success1 and busi ness than one would expect a young lawyer to get at a small town. The neighbors gave him many cases in the magistrates courts and he had some cases in the Superior court. He' was mak ing more than a living and his prospects were bright for the future. His father is a man of limited means, but it is under stood that he is standing by his son in the present trouble. In their practice, Mr. Whit aker and Mr. Kellam often met in the local courts, and for some time, almost from the time that they began the practice of the law, they have not been the best of friends. Often in their trials before magistrates they have had harsh words. They haw at times abused each other on Jthe streets,' when they would meet. It was in evidence that they had talked in a way that show ed bad feeling between them on many occasion. It was an ef fort of both sides to shnw that cneh hn, threatened flu rrtlier but their threats were more in the nature of abuse than that of thrcur to kill. But from the testimony it was very clear that for months they had both been very htile towards each other. The day before the killing Mr. Wbitaker had appeared before a magistrate's court in tho coun try east of l'Uot Mountain in a ease in which Mr. Kellam was indicted for perjury. Mr. Kcl lam appeared for himself and n their speeches before k& Magis trate they were very bitter agaitsit each other, and it was the effort of the prosecution to how that Mr. Kellam had tried to get a gun with tho purpose of shooting Mr. Wbitaker. Some one on the grounds had a gun ami Kellam picked it up in a way that made sorne think that he was hostile and intended to shoot. But he unswered the charge by saying that he only picked up the gun out of idle curimity, and that he did not even' see Whitakcr at the time that he picked it up. Mr. Kel lam was not convicted bcfoM the magsdrato and the two came to thui homes in Pilot Mountain that evening. The day of the killing Whit- the jsjst office to mail some let ters. He had in his left hand two leather straps, part of his harness, and after mailing his letters got his change and walk ed down the street, having the change in his left hand as he walked out of the post office. As he walked down the street he was seen to have a knife in hia kft hand before he had gone but a short distance from the Kellam went to the PtjUi lice early that i. Ju and was sittinrh front store some distance down the vTl street. Alien he saw Whitaker cu,ne across Main street and 'start towards the Tost office he ; again started up the street in ( the. direction of the post office, and stated that he was going up there again to see something about a mule. As be went up the street the second time he came to a vacant lot near the post office and stopped in the lot a short time. While he was in the lot Whitaker was in the nana, ivellam was going up the street and on the side next to the buildings. Wlfitaker was ciming dow n the street and walk ing uear the out edge of the side walk. As the men neared each other, possibly when with in fifteen feet oS each other, Kellam stopped and took a step back towards the wall and threw his hand to his pistol pocket. Kellam says that he saw that Whitaker was advancing on him with a knife drawn and that as he came he, Whitaker, used words something like these, "You lie swearing s b , I'm go ing to kill you," and advanced on hun in a threatening attitude. Kellam says; that then he said, "Stojj, don't come on me with that knife," aiul as he rushed on him he drew the gun and fir ed. Several witnesses sajw the nft'n as they came together and all admitted that they were with in ten or fifteen feet of each other when Kellam stepped. On. witness, a man of character, Mr. Rogers, of Winston, said that he heard Whitaker say several words rapidly, but ho could not understand what he said. All the witucsMCia agreed that Whit aker rushed rapidly at Kellam when he reached a point in the street nearly opistoe him. When Whitaker was very close to Kel lam, possibly within two feet, certainly not more than three feet away, Kellam fired his pi.stol and the tlot entered Whitaker 's head at a point above the ear and caused instant death. Tb ligation of the wound would lead one to think tlulJ was t? " stT.opt I Wrmlirt a man with the intention of grayling with him. When- Whitakcr fell he was so do to Kellam that his head struck Kellam s shoulder and arm and his blood was left oa the arm of tin man who took his life. When be struck vhe sidewalk he. was dead, for he never moved a muscle or ma!e a sound after the shot was fir ed. The ball entered the base of the brain and paralyze! every nerve in the body. The knife he was holding in his hand fell by his side. It was a very largs knife, a single blade barlow, and the blade something like four inches long. After the shot waa fired Kellajn walked a few steps down the street and a crowd quickly gathered around tin? re mains. Such is the story without giv ing the, testimony of each wit nexH, which would . be too leng thy, if we could. A large num ber of witnesses were examin ed and there was very little vari ance in the testimony. Soms saw and heard things' that oth ers did not see, but in the main the witnesses showed that they were consistant in their state ment. Kellam claims self de fense. He would have you be lieve that Whitaker would hav killed him in foul murder that morning and was rushing on him with a large drawn knife, and that his only hope was to shoot in self defense. The State's attorneys would haVe you believe that Kellam was out hunting for Whitaker, and that when he saw him com ing across the street in the direc tion of the post office he start ed up the street knowing that be was likely to meet him sbout ..XV'; They V OUHKV r tV"..'1lS . i and waited so that he woidd meet him immediately after he left the post office. They reas oned that Whitaker was coming down the street, and, admitting that he bad a knife, he had no intention of hurting any one. As he, Whitaker, neared Kellam they argued that Kellam stop ped and started to draw his pis tol and that when Whitaker saw that effort he realized that there was no other hope only to rush at Kellam and get hold of his gun before he could VJtt it The lawyers contended fr ev er) point iu their favor. All day Friday they examined . wit nesses and completed the exami nation about sundown. They, ar ranged to have a night session and for two lawyers to speak that nitrht. After Mr. J. II. Folger hail leen speaking some, time a member of the jury was taken sick with some kind of stomach trouble and court ad journed until Saturday, morning. Saturday. C. Buxton, Ex-Judge E. B. Jones and W. P. Carter spoke for the defense and T. W. Folger and Solicitor S. P. Graves for the State. The spceh es were able and after the charge the case went to the jury at five o'clock in the after noon. After considering the case un til about eleven o'clock at night the jury "went to the Judge for instructions and he explained to them the different degree( of munler and manslaughter and read some of the testimony again to them. After consider ing the case until eleven o'clock Sunday morning they returned a verdict cf not guilty. The Judg? called court at that hour and re ceived the verdict. The trial of this case has at tracted no little attention among those who attend court. It was one of the hardest fought eases that has been tried in Dl)sor in nianv venr. T hi lawvrsi - peeially, Mr. Buxton and Mr. Graves, are said to have- dono their very best. The defense had an able array of lawyers composed of AttoriH'ys J. CV jux ton, E. B. Jones, O. E. Saow, It. L. Hay more and W. F. Ca.tr. T1 Ssnlu.itnr uU,A liv T W. and ,rjL-F-
The Mount Airy News (Mount Airy, N.C.)
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Nov. 30, 1911, edition 1
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