iL BUMSARNER IS
flUHD HOT BUIITY
If MURDER CHARGE
hour after the jury took
\| .;ii an
hi k K. Humgarner, charged
i^. murder of Frank Bf-yson,
.1,-1.1111:1 ry 3, in superior court, I
* 1 ~ li?i] i
unit
iiiM
<, .inliu ai- noon, the ineiubers filed
|,nk i"1" l'u" (0,l,t returned a
?iM ??ihy
|:m<;ii ii. r. a prominent citizen of
('.,.ja, r'- \ alley, and a nephew of
jll t. l-'ili v K. Alley, did not deny
Jiieiiiiirr. s?'t up a plea of
Jiil. I ? H-' Solicitor .John M. Queer.
;;,lU',iiiir?-<l a! I lie beginning of th-.
* ? n
fii:?
in
v
V
that In- would not ask for a
.1 ili ?-?iii' verdict, hut only ?o?
wl|l,t, i -i' *?<<>iid degree, or nian
.tmirlilcr.
Cniu-Mtncr, who is the only living
mi the actual shooting, took
in his own behalf, and
.yi,,! that lie and his small son had
?.;,riiil over to the home of a neigh -
I,,], who had promised to take som<
p,ra U' Fugate's mill, and found thai
,j? ii ick of the neighbor coidd not
li, .i;n led, and that the two carried
nil:: to the mill. He accounted
[ f,,| tin- presence of the pistol in hi>
...ki-l l?y stating that he was goinj
tie hinds of nonresidents, on
yd, he was patrolling, and of
ri,j,.|i In had charge. lie stated that
lli.y iii-ami the mill he saw Prank
Hivmiii leaving the mill. After get
tin-: tlie corn ground," he and hi?
<..1, siarie.! hack home, gbing by his
?!,| |)l;ii-c to let Heeinan McCall hav.
lmliler. He then went to .T. 0.
P:i?miiiivi'< store to see him about
\\w \Vliiti-i<le rove road project, and
\W\oH. A. I 'ell's on the same mis
-.mi. Writing by Passmoiv's, he
' f.i.'ul thus lie went onto the dam
of' Like CasWrs, he saw Bryson in
front nt' hirii, and that Bryson looked
toi 1, unit ahead, took off his coat
a till iiiilcit i\ him to stop. He stated
ifiat Krv-'in advanced toward) him.
full a*kul li tiii if he didn't' say that
lie kill s;iii? I hut li<- wasn't going to
let Bivmiii have anything to do with
elect imi.v {liiniija nier stated that he
tul ! Bi vmiii lie could explain that,
ami that Mi yson threw a rock at him,
which In iliMhrcd, threw another,
which si ruck him between the shoul
der-., knocking him to his knees, and
that In- limked up and saw Bryson
with a rifle drawn on him, and that
In- rami- up shooting, and continued
to -h.iot until his gun would shoot
m? ii--'re, when he fled to the home
nt f.-|iiity Sheriff Frank Allen,
nfore he surrendered himself, and
tol'! AIIi.ii to go and see about Bry
<'ni.
l!.iiri|?liiu Pell, Hampton, Pell, Jr.,
'Ini> P.issmore, and Beeman McCall
:'ll took the stand and corroborated
foimjntrner about his movements, and
tin I wo Pells told of hearing the
-lints fired, and that the rifle fired
itisf ;i second before the pistol. Mrs.
.U xander Passniore testified to the
?niii thing regard'ng the shots. Dr.
Wilk* s said that he examined Bnm
::uner after he was brought to jail
r 1 found a large bruise between his
-liftiilders. Frank Allen told of Bum
garjii-r coming1 to surrender himself,
?mhI til' what Btimgarnor told him at
'V time abdut the affair, which
I'r.'tlv norrohorated?Bumgarner.
llr*. Krvsoii took the stand and
'"W <il her husband leaving home to
"?? 1" Mr. Pell's to look over some
iiinlii-t, i;i king his rifle with him/ Th.1
111 iin , she saw him, he was^lead,
I"- - Mil. His clothing, with/bullet
l'"!i > iltimigh sweater, shirt and un
?li'H'liitliiiig were identified by Mrs. |
I'1'}- >11. I'. B. Maxwell, Mrs. A. S.
"fvsnii, mother-in-law of the de
''?antl, and others told of hearin?
,1" di?.t and that the pistol fired
I'lfuii- the rifle.
'??? I' St ill well, Hu^h E. Monteith,
' II. XichoLson appeared for
T'"" Stat.-. with Solicitor Queen.
Attorneys for the defense were,
Wiml, W. R. Sherrill, Dan K.
M Mini P. B. Alley, Jr., Doyle
i'?<l Hayes Alley, all first
'"iin us of Huingarner
.mi v that tried the case was
"'iii|:(isi.<l of: "Weaver Swayngdm,
Wilson, L. D. Moody, Ben
,| \\r Baker, Hanse Pre*%jj
'>? I '"u Rogers, DilVard Hooped
Mont Daves, Gteo. I*
' and 0. P. Shelton. Wit
Sl",s t^tified to the good cbarac
Kuiiigarnor, while aorae swore
] lat was a man of dangerous
viid, nt character, and others
Uii? whs not ftagg. Threats
I'' have been made by Brysou
i|M. | fe Bumgarner and
raiiMintted to were testified til
BEfTER PAY YOUR YfSFE
It is a good plan to pay your I
wife when ordq&ed to do so by the
court. Dee Ensley, a few terms
ago was ordered by the court to
pay $10.00 'a month into the court
for the support of his wife, under
penalty ongoing to the roads for
two years. ^Ke neglected to do so.
His bondfmen went to Green
Riyert ov^fr in Henderson1 and
brought hifo to court.
Judge I*. A. M^Elroy ordered
the two years' sentence put into
effect.
.
Many Scad Sentences
Imposed By Court Here
- . v
Several recruits for work on thj
highways of the State were sent to
the State Highway and Publie Works
commission, the last of last week and
the first of this by Judge MeElroy. *
Hollis Cole, assault with a deadly
weapon and breaking jail was sen
tenced to serve 4 months.
Jim Maney, housebreaking, 9 mos.
Tolvin Ensley, violating the pro
hibition laws, six months. ?
Howard Gibson, John Gibson and
Harley NValdroup, failure to comply
with orders of a previous term of
court, by paying the costs, 6 month*
each.
Ohas. Scates, violating the prohi
bition laws, three months, suspended*
John Gray, assault, ordered to pay
the costs of the action, and $50.00 for
Lon Cunningham.
Nohman Nicholson, carrying con
cealed weapons, adjudged not guilt>
by the court.
Candler Frady, prohibition viola
lion, nol pros.
Card Robinson, violating the pro
hibition laws. Is serving 18 months
on the roads from Transylvania. Nol
pros.
Elmer Bridges, assault, 6 months,
suspended.
Willie Watson, assault, jw*yer for
judgment continued.
Jim Griffin, prohibition violaiMg
case continued to May term.
Jim Woodring, injury to building,
called and failed, judgment ni si sci
fa and capias instanter.
Rosie Ensley, pollution of water
supply, 4 months in jail, suspended.
Charlie, Carl and Paul Buchanan,
5 months suspended.
Ij. L. Cope and Mary Queen, t A a.
Female defendant called and failed,
judgment ni si sci and capias in
stanter.
Will West, costs, called and failed.
Robert McCall, costs, called and
failed.
T. H. Hunter, abandonment, ool
pros.
Roy McCall, costs, called and failed
Wes Bryson And Roy McCall, af
fray, called and failed.
M. H. Rose, larceny, Jiol pros.
C. Z. Candler and Alvin Nichols,
affray. Prayer for judgment con
tinued upon payment of the costs.
County Tournament To
Be Held This Week
Following are the pairings and
playing tmes of the Jackson county
basketball tournament to be held at
Western Carolina Teachers College
Friday and Saturday of this week: I
Friday
12:00 Cullowhee vs Webster (boys)
12:30 Sylva vs Wbittier (boys)
1:00 Webster vs Willets (girls)
1:30 Dillsboro vs WiUets (boys)
2:00 DDIsboro vs Glenville (girls)
2:30 Glenville vs Bet# (boys)
3:00 Cashiers vs QuftUa (boys)
3:30 Sylva vs winners Dlllsbom
Qlenville (girls)
4:00 Webster or Cullowhee vs Sylvn
or Whittler (bpys)
4:30 Cullowhee vs Sylva (gi|is)
High Bchool J s
5:10 Webster vs Cullowhee (boys)
High School
6:00 Supper
0:30 Bet* vs Webiter?Wllleti (fM?)
7:00 Sem:-finals (boys)
7:30 Semi-fin*k (boys)
8:00 Wcbrf^TH GlfiriJfel (girls)
HigttwlM *:? , W. -
Sy58^fc? Ql^nViUe (boys)
/ Saturday ? w r
3:00 Graded School girls, fi nftlg
3:40 Graded Schpol, boys finals
7:30 High Sehool girK.fi"*** H
8:30 H'gh^ School htyty finals
f w ? ?
by Mr. Moody, an Oconee county, S.
C., officer, who served a, s a#
liB CuMert-VrMtay. ~ # - -
.1 ' q yl
PRESIDENT HOItS
FOR RE-ElECtiON
OF HIS SOPPORM
? ?jgt ?
Washington, F^b. 28. (8p<hial)
As the year 1934 wears on toward
the general election next November,
at which every member offthe'ltou&c
of Representatives must go before the
voters again, and one-third .of the
Senators find themselves facing th*.
same urgent necessity, politics in its
more practical aspects becomes more
and more engrossing. ?' - ,
The Administration is lending h
helping hand to its Democratic sap
porters in the Lower House. Jtfatur
ally, Mr. Roosevelt doesn't wjmt to
have any of his legislation defeated
in the House. But likewise he ,does
not want to throw any stufnbling
blocks in the way of loyal Democrat
ic members who feel that to . vott
with the Administration might endan
ger their chances of reeleetion in .their
home districts. So the word ha?
been passed out that all members are
free to vote as they please on ' any
nleasure, so long as they see to ii
that not enough of them vote -in op
position to put the President in the
hole.
"Vote the way that will do you the
most good with your constituents next
Fall," is the message they have all
received. This is expected to result in
an apparently strong sentiment among
Representatives for more favorable
action in regard to the soldiers' bonus,
for example. Memhers from districts
where the veterans' vote is wefl or
ganized will feel free to vote for more
liberal treatment of the ex-service
men, first cautiously making eertain
that there are enough votes that will
be cast on the other side so that their
apparent defection will not result in
anything the President doesn't like
being done.
.v That is merely one phase of P?* '
tied politics, aa it ja played in Wooh"
the gentlemen to C?"'W"t
want to .toy i? ??d. ?
the* ran get re-eleeted by making
Zry claaa of voter, in their reaper
tivedtotrieta think they have th'ir
intereata at heart, they will go the
limit to pnt that idea over.
T. be anre, there are other ?n
aiderationa that actuate a blgb pre
portion of members of Congrew, ant
the inferenee abootf m* he drawn
that they aw working for ^eir ow
pockets all the time, any considerabh
percentage of them.
On the other side of the P01*116*
fenee there are beginning to be heard
more rumblings of an approaching
storm which may put the ^d Kepnb
liean party completely out of the p?
tore and lay the foundation for anew
line-op. One of the most astute of
Washington's political observers, has
come out boldly for the formation
of a new party which he wool* call
"?Const'tutional Democrats, a* ?P
posed to the present D^at.cpar
ty, which he terms Socialist Demo
crats. xt
Probably neither the name norUu
aebeine will S?t very far,
think, that Mr. Uwrenee espwto hu |
plan to be adopted. But the att
Sat to being paid to the idea
of trying to line up those who WJ"
believe in the rights of the individ
ual as auperor to the rights of the
state, in some form of effective op
poaitlon to the tendency to reflate
and control all human act.vitie* by
a paternal government, indicates that
a new "bloc" it not a new party may
be built around a nucleus of
looking Republicans and conscrv^.ve
DCSwith kmg political
are rolling ,
Democratic party In 189ft. w4*n
waa hopeleaaly apttt over Free S.lve.
and other Fopultot to.ne?i ? ???
pletely apUt that a P?",aL^"?";
L?d^ by none othar than Ibpidjn
Cleveland, 10 J A
aaodidatc, Mr. Bryan, and
?t their own "0?W ^"'TtaTe
dldato i? the field toeonteat tathe
Pwldwey. That marked the end
the old party control, , and a high
percentage *t , those who had ealtod
themaelvea &?.??'? beej.nK-.dher
?t,oftheRepnb.ie?nP?4T'?U'e
eomae oi^-thc pegt lew y ? . *?
?Njfc- .kree ald'tfmera My, the. Re
Jfc pS, i- in .?*?****
?2? Board" to conipietely d?eredH
Tfepnblk believes that too many
SL got ri* bceooae nf tb -rr pohtteal
' 5f?IUtv-na,' or that too many mh
hadle'-y ?" tWpartyS. af
\ ... .. (C?U?ued M
Measles Epidemic
Closes Sylva School
( The Sylva Elementary school is
closed this week, due to the incipient!
epidemic of measles, though school
authorities are hopeful that the sit
uation will have improved sufficient
ly, by next Monday morning for the
school to reopen then, and the-ieach
etw and pupils will he back in their
plaees, Monday morning, unless fur
ther announcement is made.
The high school in Sylva, and the
other schools of the county are hold
ing their classes this week.
The epidemic of measles seems to
be pretty general over this part of;
the State. A large number of case"
were reported among the Indians al
Cherokee. The schools in Graham
closed weeks ago until the epidemic
passed over. On Monday an ordei
was issued closing all schools in oui
neighbor county of Transylvania, and
the schools at Caroleen, Henrietta and
Cliffside, in Rutherford did not oper
Monday morning, because of the pre
valence of the disease. (
School authorities are hopeful that
the one week's closing here will check
the epidemic sufficiently for th?'
school to resume work next Monday
morning.
Subscription Offer
Ended Yesterday
The amazing, New Deal subscript
tion offer, made two weeks ago by
The Journal, expired at midnight,
last night.
Prom this date The Journal will
bp strictly cash in advance. All p?ir
sons whose subscriptions have ex
pired, and. who have not renewed dur.
ing the past two weeks, will receive
no copies of The Journal after this
one, until a renewal has been made.
, * . > '
A great many people have asked us
t# give them a few days in which to
take advantage of the offer. This w?
efcatt do, Mid keeji our word. Henee,
we are removing all names from thi
subscription list, of people whose
subscriptions have expired. However,
in order that no person can feel that
he has .not had a fair chance at the
offer, we will reinstate the name of
any person paying a year's subscrip
tion on or before Aarch 31, giving
full credit for one year's subscrip
tion paid in advance, one year from
the present date, and cancelling all
hack amounts due us.
All accounts not paid in this man
ner on or before March 31, will be
considered due in full, and we will
proceed to collection.
Grand Jury Reports
To Judge McElroy
The grand jury made the following
report to Judge McElroy in Superior
Court, last week:
A committee of the grand jury vis
ited the county home and found it in
good condition and the inmates well
eared for. We found provisions suf
ficient, such as are raised, on the
farm, to take care of the home until
the harvesting of the next crop. We
recommend that a new barn ba
erected if possible, as this is very
badly needed to take care of the.
crops. ?
A committee of the grand jury vis
ited the jail and found it in good
condition.
We have examined the different
offices in the Court House and find
that they are in good condition and
the records are neatly and well kept:
?lao - with a few exceptions guardian
reports are up to date.
M. D. Cowan, Foreman
BALSAM
A large number of friends and
relatives from here attended the fun
oral and burial of Mrs. J. R. McKay
which was in Waynesville Thursday
of last week. Mrs. McKay died at
the home of her daughter, Mrs. Emma
Sigmon in Conover.
. Mr. and Mrs. Bryson Beck and
baby have returned from a visit to
Mrs, Beck's sister, Mrs. Bessie Outh
bertson in
Mr, R. R. Fisher* was in
4U)sam Monday.
Mr. and Mrs. John Rusk!* of At
?? , i ^
lanta were here Monday.
Miss Buth Patterson of DiHsboro
I spjent last week and r.rth Miss Helen
j Queen.
Mrs. 0. J. Beck received a message
that her mother, Mrs. Jim Lindsey,
, w?? very ill in Cincinnati. Mrs. Beek
left Hotulay for Cincinnati,
'Climate Here Is Pleasant
As Compared To Other
Sections Of The Country
TODAY and
TOMORROW
(By Frank Parker Stockbridge)
LIFE . . . natural cycle
The year 1935 ought to be a good
year for red clover in New England.
The winter has been the most severe
in years. Comparatively few of the
little animals of the fields and woods
survive a winter when the crust of
the snow is frozen hard. There will
be fewer field-miee to rob the bum
ble-bees' nests in the spring. More
bumble-bees will come to maturity
and seek honey from the red clover
blossoms. The clover erop will thus
be thoroughly pollenized, and the
red clover seeds will be fertile. That
will make for a good red clover crop
in 1935.
To me this example of the cycle
of life, first pointed out by Chariest
Darwin, has always seemed one of
the most interesting of all natural
phenomena. I think that many well
meant efforts to disturb Nature's or
dinary course are Calculated to do
more harm than good to a world that
has adjusted itself to the norma)
cycle.
TEETH . . . J urn and then
Tooth decay has little to do with
tooth cleanliness or the lack of it,
according to the British Medical Re
search Council, which has been dig
ging deep into the subject. What
makes children's teeth decay is not
enough sunshine, too high a percent
age of eereal foods, not enough meat,
eggs, milk, cheese, fats and fresh
vegetables in tlie diet, these medical
men say.
The whitest and soundest teeth
are found among savage and half
civilized^ peoples wh'o-Iiv^ ttrgdjr out
of doors and eat whatever they can
find that is edible.
In my boyhood toothbrushes were
just beginning to come into general
use. and not more than one or two
dentrifiees were advertised. Mox1
folks never brushed their teeth at
all, yet thf human race had survived
for a good many thousand, perhaps
millions, of years.
Clean, white teeth are desirable,
but nothing to worry about if one
doesn't have them.
MONSTERS . . . men bave seen
The amortnt of evidenee that some
strange sea-monster lives in a Scot
tish loeh, and the many reports of
a seaserpent seen in Vancouver
Sound, have encouraged many folk to
tell of strange things they have seen
at sea, about which they had kept
quiet for fear of being ridictaledL
Officers of the Mauretania *aw a
seaserpent on a recent Caribbean
emise, and drew a picture of it in
the ship's log. Now the Rev. J. E.
Rockliff, who is a sort of travelling
missionary to seamen and voyages
some 50,000 miles every year, tell"
of seeing a yellow serpent about sixty
feet long in mid-Pacific two years
ago.
It seems to me that we are on the
verge of demonstrating once more
thaa there 'is more to aneient beliefs
than a skeptical modern age has been
willing to believe.
POKER . . . and personal rights
The great American card game,
so far as men are concerned, is not
contract bridge but poker. In a good
many states there are laws against
playing poker, also against playing
marbles "for keeps" , and anything
else that can be construed as gamb
ling. These laws are seldom invoked
except when somebody in authority
wants to make trouble for somebody
else.
Representative Parker of Georgia
had a candidate for postmaster of
his home town. His polities) oppon
ents brought before the Senate evi
dence that the Congressman's ehoice
had once been arrested in a raid or.
a poker game, indicted and fined
Mr. Parker cheerfully admitted that
was true. He had sat in the same
poker game himself and had also been
; arrested and fined! If it didn't de
bar hrm from later going to Congress,
it ought not to debar bis man from
the postmastership. The Senate con
firmed the appointment with glee.
Few take seriously any sort of j
laws that restrict the right of the
individual to do what he likes, so
long as he doesn't infringe on the
rights of ken, I
The superiority of the climate
West of the Balsams, vu demonstrat
ed sharply, again this week, as we
enjoyed lovely weather, with the ex
ception of a rather heavy rain, fol
lowed with just enough tinge of cold
in the air to give vim and vigor to
our activities, while practically all
the rest of the nation either shivered
in terrible cold, tried to dig itself
out from under mountainous snows>,
was amittc-n by tornado, or slipped
and slid 011 sleety roads and street*,
while telephone, telegraph and elec
tric light lines broke down by th i
weight of the ice storm.
Three dead and millions of dollar?
property damage were recorded as
the toll of the Sunday night sleet
storm. Late Monday Winston-Salem
was still without communication with
the outside world. Power and com
munication totally broke down at
Greensboro, and the daily papers
were unable to publish their editions,
while stores and homes were lighted
with oil lamps or candles. Industry
was at a standstill in High Point,
Lexington, Greenville, 8. C., and
practically the entire Piedmont area,
from Georgia Northward to Virginia,
due to tornado and sleet. ? Small
armies of men were clearing awav
the debris and restoring communi
cation and power facilities in the
Piedmont.
Seventeen persons are known to
have died in the tornado in Georgia,
Alabama, Mississippi and Louisiana,
and Red Cross and American Legion
were hurrying aid to the stricken
areas.
The already heavy snow blanket
over New England was increased by
another eight inch storm which swept
over the region, and brought tl"'
total fall for the winter to over M
inches.
35,500 men wer? put to work, and
every available apparatus throw*
i$ito the fight to keep the main
thoroughfares in New York City open
to traffic. Communities on Ixnitf
Island, already isolated by last week's
snow, dug in for a prolonged siege.
Nine persons were killed and' 31
injured in- a blinding blizzard that
swept the Western States. Eight peo
ple died when a Western AArtln***
plane crashed into the side of ' n
mountain, n-oar Salt Lake City, in the
blizzard.
And so the story goes from one end
of the country to the other, while
we fortunates, hemmed in between
the guardian ranges of Balsams and
Great Smokies, have had nothing un
usual to report ahotat our special
brand of weather.
40 YEARS AGO
Tnckatetfge Democrat, Feb. 28, 1894
! Capt. .1. W. Terrell, as jolly and
genial as ever, favored us with a
fall today.
Misses Annie Gibson, Ella and
Hattie Frizzed, -of the Fisher's creek
settlement, were in town Tuesday.
Mr. C. L. Woodring, of GLenvillo,
went as far as Asheville, Tuesday,
with his two daughters, who wer.
starting on a .journey to Oklahoma.
The first snow of the winter, of
any consequence, commenced falling
Saturday nipht and continued fallin;;
till into Sunday night, when ii
reached a depth of five or six inched.
Since then it has melted rapidly and
remains only in protected places.
Mr. W. Divelbiss went over
to Biltmore Tuesday to be pres
ent at th*? double wedding in which
h;s brother, Mr. J. E. Divelbiss, in
one of the'- principals. The marriage
was to occur today at 1 :30 o'clock,
of Miss Ella V. Adams, to Mr. J. E.
Divelbiss, and Miss Annie Campbell
to Mr. Dougherty. The yonng ladies
are cousins.
The XoTth Carolina University
trustees have established a summer
normal school for both men and
woman, and also special courses of
summer instruction of high grade in
various University branches, to begin
July 2nd and continue four weeks.
The. Raleigh Christian Advocate
'and the Western North Carolina Ad*
vocate of Asheville, the fwo Metho
dist papers of North Carolina, have
beenmerged into one, wbkk will b?