ASSOCIATED PRESS DISPATCHES VOLUME XXV ' Hoey Opens Argument In Cole Trial With Speech CoveringEntireTestimony SAVSSUNDERHOT GROUNDS FOR KCT Points Out That Law of North Carolina Does Not Recognize Slander as Cause For Murder. ORMONirsTIFE FULLY PICTURED Tears Seen In Byes of Miss Cole as Speaker Tells of Ormond’s Hope That He Would Succeed. Richmond County Court Rouse. Rockingham, Oct. 7—(>P)—Argument of counsel ami the charge of the court today stood between the jury's consid eration of the murder charge against 'Vm. B. Cole who last August 15th shot and killed W..W. Ormond, his daughter's former sweetheart. Seventeen attorneys for the prose cution and defense are scheduled to j speak for their sides, and it was in- j d ion ted today that .fudge T. B. Kin ley's charge to the jury not be made before Friday. “This case must be tried on the evi dence, and not on the sympathies of the audineoe," .fudge Finley declared V when eourt opened. He cautioned the crowded court room that demonstra tions will not be tolerated. Clyde Hoey of Shelby, first address (4l the jury for the, state. “Without malice, without hatred or * without bitterness in my soul. I come to interpret for the state the evidence of this trial." The speaker addressed himself to 1 three propositions:' first, that Cole shot Ormond after premeditation and deliberation after mattr aforethought; second that Colo did not shoot in self , defense: third that Cole was not in sane when he shot and killed}" “We do not ask that Cole be found gn’lty because he is wealthy and erful. We do not ask that you Con vict Cole because the man he killed was poor. * “It would be a travesty on. justice and an everlasting shame on the state t .of North Carolina if Cole,should be ex cused because of his money, posses sions and power." Mr. Hoey then traced the early re lations of Cole and Ormond, of how Cole first liked Ormond and later ■ changed. He quoted from the first letter Ormond , wrote and the last communication Cole testified he had from Ormond. The letter said that Ormond was through with the Coles, that, the mat ter had dropped out of his life, and lie did not intend to pick it up nga : n. A crowded court room was atten tive and quiet. Tears were in many eyes as Hoey discussed Ormond's work at Raleigh and his letter to Bynum, saying: “ft is the best job I ever bad, and I'm going to make good in spite of ,-> the Coles." Cole sat undisturbed as the speaker pictured him ns a deliberate murder er. He was slightly nervous. Miss Elizabeth Cole, bis daughter,' sat be hind him. Tears were In her eyes. Clyde Hoey was taking apart ev ery detail of the trial, every scrap of evidence. ' He read to the jury the letter Or mond wrote to Cole telling of his re lations as “man and wife" with his daughter. “The defense will interprete this let ter as a slander. Every line written by Ormond, and all their references to .that dead man has been unfair. Wouldn't it be fa*r to interpret this letter justly? , “I don’t know whether what he said in that letter was true. “God knows. A woman knows. A dead man knows. If every line in that letter was a lie, Cole should have sent him to the road for two years.” He read the law on slander. "W. B. Cole lias done something the legisltfFure of North Carolina has never done. He has killed a man for what he said was slander. . “He has been his own judge, jury and executioner. He decided Or mond should be killed, be decided to kill him and he killed him.” James H. Pou, dean of the defense counsel, spoke after Mr. rfoey. “We admit that W. B. Cole killed Ormond," Mr. Pou declared, “but we contend that if Mr. Cole honestly be lieved he was in danger, and honestly i acted on that belief he is not respon sible and should be acquitted. “Tli/ taw of North Carolina on in sanity was quoted, but it was not read in full. The law says that a mau to be justified in killing another must have known the character of his net. That nqpch has been read to you. But the law says this ‘The man must not have known the character of his act, or if by reason of mental diseases the defendant did not know that what he d$ was wrong’.” Mr. Pou pai/i tribute to the Rev. V John J. Harper, writer of the taw r that gives a man charged with capi r tgl crime a right to appear In hta dek sense. The burden of Mr. Pou’e argument, which he based on numerous ques- The Concord Daily Tribune ♦ $ $ ONCE AGAIN * ' m IH Our good friends will please d: .+ bear in mind that we charge for 4* nil notices of entertainments, # shows, lectures, box suppers to * which an admission fee is eharg- -it m ed or at which anything is sold. & This rule is absolute, and we are Hr m sure all will appreciate the fact Hr IK Ibat everybody is treated alike. HI * , * ************** tions from decisions, was that Cole's guilt or innocence depends not upon whether the conditions justified bis act, but whether his apprehensions were such that he believed himself In danger of bodily injury. Mr. Pou read the law on insanity, which he charged Clyde Hoey with not completing, ntfl? Mr. Hoey inter rupted him, “I read every word, Mr. Pou, I do not intend to misrepresent.” “We contend first that Cole has had a reason to believe his life in danger, nnd second that after a pe riod of six months of worry and fear his mind was in such a stage that lie believed he should kill him. "The state says 'Hang Cole for his ! crime if you can, but if you can't hang I him for that hang him for his money,’' "I charge the prosecution to do clnse the truth or falsity of the slan der letter. They lutve beaten nagpnd the bush and have not 'said. “If that letter was true, it was a malicious slander; if it was false it was a damnable lie. We want the state to say." DR. SMITH IS GIVEN 4 MONTHS IN PRISON Charlotte Doctor Sentenced For Il licit Dealing in Narcottas.—Other Charlotte Net’s Charlotte, Oct. s.—Dr. A. T. Smith, Charlotte doctor, convicted Inst spring in federal court here of violating the Harrison narcotic law. has been sentenced to serve four month* In jail. The jury which fouod Dr. Smith guilty recommended mercy in view of his having aided the government in ronnding tip other narcotic peddlers in this section Dr. Smith, who had been at liberty under bond, was brought before Judge Webb at the.term of federal court which opened hero yesterday, and was sentenced to four months in jail. It is understood that he will be gin nerving hi* term at once. Bishop Collins Denny and Mrs. Denny will be honored next Monday 'evening by the congregations of Tryon street nnd Trinity Methodist churches with a reception at Tryon Street church. Bishop Denny will ar rive here Saturday en route to Statesville where he will preside over the annual cohfet-ertce of the Western North Carolina Methodist church at Statesville next week. He will preach Sunday morning at Tryon Street ehureh. Thirty cent* on the SIOO worth of property valued will be the tax levied for school purposes in Char lotte under the budget‘for the year now being prepared by the city com missioner*. TTiis will be an increase of one and one-half cents over the rate for the past year. The proposed rate will net the school board a total of $337,500 for the fiscal year end ing May 31. 1026, it was said, i . ’ GRANT CASE TO GO TO FEDERAL. COURT True Bill Returned Against V. E. Grant For Death of Adam Ba I lon ger. Hendersonville, N. C.. Oct. 7.—(A 5 ) —The grand jury here today return ed a true bill charging V. E. Grant with' the murder of Adam Ballenger. An order transfer of the trial to Federal court was immediately pre sented, with indications that Judge Harding would sign it during the day. Ballenger was killed on the night of July 24, in % running fight with pro hibition'officers. When his car stop ped he ran into a wood nearby where his body was found several days lat er. A quantity of liquor is alleged to have been in Ballenger's automobile. Grant is out under a bond of $lO,- 000. Annual Bucks’ Steve Saie at Concord Furniture Co. The annual Buck’s stove sale at t'.ie Concord Furniture Co. began Mon day, October sth, and will continue all this week. During this sale a Junior range will be given free to any little girl whose mother buys a big Bucks' range. You can pay $5 down on any range or heater, and pay the remainder in easy installments. You will also be given 1,000 hounds of coal free if you purchase a Radio heater, or a Buck’s parlor heater. Johnson'S Grandfather Dead. Santa. Monica, Cal., Oct. 7.—John li. Perry, 82 years old, grandfather of Walter Johnson, Wasnfngton pitcher, died here today. Among the students enrolled for tlie winter term in the Spokane night schools are two women who (tave at tended regularly for' more than six years. Their studies have included English, French, Spanish, geology, electricity, public speaking, penman ship, business taw and typewriting. Boy of 15 Kills Elmer Dorr. 15, has confessed that he beat his 78-year-old grandmother /to death with a heavy iron bar, when she refused to let him into her home near Phillips, Wist. He was arrested the day after the murder while • working Jn a brickyard. rr —-cr* DI KE MONEY FOR THE PUBLIC HEALTH Dr. Rankin. Former N. C. Health Officer, Has Charge of Movement in Two States. Raleigh, Get. C.—Dr. W. S. Ran kin. former state health officer and now director of hospitalization work under the Duke foundation, looks forward to the development of the “greatest hospitalization and public health movement of any two states in the union,” as the result of worn in North and South Carolina to be fostered by the foundation. The first money under the hos pitalization fund cf the foundation )4 expected to be available next, yenr, and Dr. Rankin, who left the state department in Juue, hns been de voting his tithe to getting his or ganization for directing the work. The amount available annually in the two states is expected to reach a half million dollars. This will go into the erection of new hospitals, the improvement nnd support of in stitutions now existing nnd for other allied activities. Aid from the fund will be c'onfiued to public hospitals, and Dr. Rankin anticipates that it will make possible tty* erection of many new ones, in the two staates. He will confer soon with the gov erning bodies of group of five north eastern counties which have under consideration a plan for the erection of a tuberculosis hospital to serve the needs of all five counties. WANTS BIG DIRIGIBLE TO REPLACE SHENANDOAH Rear Admiral Moffett Wants Craft Twice as Big as tile Wrecked Ship. Washington, Oet. 7.— UP) —Rear Admiral William A. Moffett, chief of the navail bureau of aeronautics, told the President's air board today and the Shenandoah should be replaced with a rigid airship built in the United States, and of at least 6,000,- 000 cubie feet -capacity, as compared with the 2,1115.000 cubic feet capac ity of the wrecked ship. He took sharp issue with Colonel William Mitchell, who had declared “bungling’’ of the navy had caused failture of the Shenandoah, Hawaiian and North Polar projects in which' naval aircraft participated. F'ARM boys to visit 1 TWO DAYS AT STATE FAIR Students of the Agricultural High Schools to Judge Livestock and Crops. \ Raleigh, N. C., Oct. 6—OP)—Over 600 farm boys who" are students in the agricultural high schools of the state will spend Thursday and Fri day of fair week at the North Caro lina State Fair judging livestock and crops. Coming from 80 schools and repre senting 60 counties, these boys were selected from over 3500 contestants in competitive contests at the high schools. Thus State Fair visitors will , have the opportunity of seeing these select teams in action. Will Question Mitchell Again. Washington, Oct. 7.—(4o—Colonel i William Mitchell, former assistant! i chief of the army air service, has been summoned to appear tomorrow before the naval eourt inquiring into the Shenandoah disaster. i " 1— 11 The 1 only actress ever to become i mistress of the White House was • Priscilla Tyler, who was well known to playgoers in the ’4o's. Miss Tyler “ was a daughter-in-law of President : Tyler and presided over the executive ■ mansion for a short time during his : administration. I • Minnie, daughter of Mr. and Mrs. - R. B. Rankin, is confined to ner home - with scarlet fever. North Carolina’s Leading Small City Daily CONCORD, N. C., WEDNESDAY, OCTOBER 7, 1925 1 :r Professional Exhibitor and Stock Not Wanted at The Cabarrus Fair ' Dr. Spencer Declines to Pay Anything to Man Who ! Goes From Fair to FairWith Livestock That Is Kept Perfectly Groomed For Fairs. j Professional exhibitors will not; he et tie Cabarrus County Fair with I livestock. During the past week Dr. T.. X. ! Spencer, seciotary of the fair, has re ceived inquiries front a number of men who want to bring their livestock j here for “reasonable amounts.” They have been showing the'r stock at near by fairs, these professional point Ait. land are anxious to come on to Con cord next week. | I)r. Spencer's reply to all of tty in j has been the same. The gist of %tis J reply is: j Tit is is a Cabarrus County Pair I and professionals are not wanted, tyhc j fair premiums will go to amateurs ami not to men who go from one fair to another, taking with them stock that does nothing but show itself. In discussing the matter Dr. Spen cer said: “We are anxious to have line live-1 stock on exhibit at the Cabarrus j County Fair but we do not want to | let a lot of professionals come in and ! show stock that is groomed from One I year to the next for fairs. Onr pen-1 pie cannot compete with them dnd | when a fair has a lot of professional stock on display, it tends to discour age the home man. We have just us fine stoek perhaps, as the professional, but it must be remembered that Itis stock is groomed just for fairs, while our people must get their stock ready for this particular fair. “We want to create competition among our own people. We want to encourage them in the breeding of purebred stock and for that reason we want them to get the premium moneys nnd the prizes at the fair. It would be no credit in the fair fur its to go out and pay professionals to bring their stock here. “And besides it would not be fair to crowd out our own people with stock sent in by professionals. tVe arc not going to pay anybody a Cfnt THE COTTON MARKET Opened Steady at Decline of 6 Points to an Advance of 5 Points. New York, Oct. 7. —04*)—The cot ton market opened steady today at a i decline of (5 points to an advance of 5 points, with some selling by those | who bought on yesterday’s approtyn , sions of a cold wave in the belt tion a basebal It earn can know, win i ning of the world's championship, A youngster of 2S already veteran of the? j annual classic, leads a squad that ; lias survived the title fire, against a. manager who lias seen service on many fields and a club that boasts great veterans as well as brilliant young-’ I sters. Stanly Harris and Bill McKerhiiie. managers of 'Washington and Pitts | burgh, respectively, have expressed 1 their confidence in the outcome and have named two right handers who 1 are among baseball's best for the op ! cuing engagement. Walter “Bar i ney" Johnson, tall raw-boned main stay of the Senators' staff for a score of years, will enter Cite contest with an energy born of heart-rending re verses ns well as magnificent victory, [against the Giants a year ago. He said he is ready for the new test, just : another baseball game for the "big ; train." yet one of the most important | in his entire career. Opposing him is the only bespec tacled moundsmnn of the modern day, Lee Meadows, a big man with a pow-j erful light arm, always cleaning his glasses when danger appears. Mead-: ows is a constant aid to t’iie young sters in the infield, comforting in er rors and praising in exceptional plays. Snappy Weather. -J Pittsburgh. Oct. 7, —(/$>)—dear and snappy weather with the sun peek ing through an early morning mist greeted baseball fans as they arose this morning and cast ait anxious glance skyward to determine the fate I in store for the opening game of the 1 world's series. | Tlic weather forecast, called for i showers and colder, hut this morning I indications were that the day would ! remain clear. $500,000 in Series Orders Refused. Pittsburgh. Oct. 7.—The Pitts j burgh Club disclosed today, that the I unprecedented demand for World’s I Series reserved seat tickets had so ! far exceeded the supply that $500,000 ! had been returned on orders which it was impossible to fill for the first, j second and sixth games scfieduled i here. More than 200.000 ticket applica tions altogether were received—five times the seating capacity of Forbes t Field. I At the same time, the club reveal-, j ed that the receipts for filled orders ! opresented approximately an equal amount, thus giving prospect that, the 1925 battles will mark the third successive -1,000.00 ft baseball classic, if the issue is the issue is fought out to six or seven games, Ideal Setting. Forest Field, Pittsburgh, Oct. 7.—■ tA 3 ) —A bright sun shone dawn from clear skies on this battleground for the opening clash of the world’s series today between Washington and Pitts-' burgh, champions of American and National leagues. It gave every prospect of being an ideal day, brisk and snappy with a perfect setting for the opening hos-l tilities of a Championship conflict that has stirred local and nationwide in terest as seldom before. Every evidence of a record crowd for Forbes Field was at hand even at noon, two hours before the game's, starting time. At that hour the glit tering pine board stands in left cen ter. and the concrete bleacher section off the left field foul line both were filled to capacity. Wants Close Relations With Russian*' j Atlantic City, Oct. 7. (A 3 ) —Arthurs i Pureell, a member of parliament, a. ! representative of the British Trades . | Union Congress, in an address todays . | before the American Federation nfj . i Labor, expressed the hope that the] I workers of America would establish , j the closest fraternal relations witllj J the workers of Russia. : —— SAT’S BEAR SAYS: Mostly cloudy with tonigUj s and Thursday; moderate to frali northwest and northeast winds.