Newspapers / New Berne Weekly Journal … / Feb. 12, 1915, edition 1 / Page 1
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NEW BERN KLY T0URNAL NEW BERN. NORTH CAROLINA. February u 1915 SEMI Another Sensation ..... .- In Superior Court of Graven County Judge Frank Carter Calls Upon Solicitor Charles L. Abernethy to Give Him A -Written Explanation As to Why 'the Case Against James H; Baugham of "Washington, N. C, Charg ed With Murder, Has Been Continued for Several Terms Must Have An Explanation This Morning. Beginning with the fining of two prominent men by Judge Frank Cuter on Monday morning because Ihey were late in arriving for jury duty, followed by tho fining of So licitor Charles L. Abernethy for contempt of court, came another sensation yesterday afternoon, when during tho course of the ease in which Jesse Creel, white, is being tried , on a charge of mur dering .Gannon Fulford, Judge Car ter called a halt in the proceedings and read a statement which he had prepared and which calls upon So licitor Abernethy to make a number of explanations when court convenes this morning. The Cause. The disagrement between Judge Carter ani Solicitor Abernethy arose over the eas of State vs James Baugham, a young white man of Washington, N. C, who is charged with murder, having, so it is alleged, caused the death of James Uingold near this city a few months ago by recklossly driving1 his automobile. This case has been' continued for the past two courts 'and the solicitor desired to have -it continued again and had arranged with counsel "for the de fense to have this done. Judgo Car ter was not consulted in the matter of a continuance and now he desires to know why, '.: Wants .Statement. jlstafint jwad oat iit ourtJ yesterday, auernoon Judge carter call -upon Solicitor Abernethy to prepare in ; Vrfting and submit to him at the opening of the court this morning, the' full facts as to why this case ha been- continued and to explain in full his action in attempt ing to continue thd race at the pre sent -term without consulting him. Th6 statement in full which was read by Judge Carter is as follows: The Request. Statement of the Judge presiding whioh he directs to be entered on tho. minutes .of the Court : "The session of the Court on Mon day morning of tho present week had an -abrupt find premature ending leaving pending the Judge's request to the. Clerk to be furnished with a full history of the James H. Baugh am murder case, as the same appears upon the minutes of the Court and! the Judges promise to the Solicitor hat he would be fully heard upon hit conduct of said case as soon as . the Clerk Jiad . complied with the re quest aforesaid. The Clork . has : duly .submitted to the Judge all the ' docket and minute entries and all tbt original papers in said case and tire Clerk ; and his deputy apparently ' in the best of faith and candor have - answered: all interrogatories tending to explain and "confirm Hhe enteties and records vaforesaid. ' v; ) -"Being' now in possssjion 'of t.h& record data called for on Monday and -i ', a sufficient time having elapsed to V,.' relieve the; -tension and etubarrass "mentv unfortunately attending the , Judge's, original inqairy, the Court ' sow -prepared to hear the Solid- -tor's statement and hereby appoints ''"''tomorrow, Thursday) upon the op ' : 'eningof Cout at 9:3il o'clock a. mv . : for that purpose. k' . 7'''; '"'V-r "The Court'''' respectfully directs r the1 attention of tho 8 Dlici tor to cer- '. tain aspects of said case as to which ".-tho Court desires xy hc from tho Solicitor particularly. r v. ' "The Court fully understands tho ; reasons for the-continuance of said ease at the Soptombor 1914 term and ." recognises" the "same as valid and ' sufficient.' , A-'"r', u .vy , , . , . "The Courf desires to bo iufoimed as to whether the , continuance of ' said case at the Ootober 1014 term was upon application of tho State or , of the dofondant or by consent and i the' ground for, such continuance, however, it was secured, f , ' . "The Court further desire to be ' informed ez to the precise' detaiU" of the treaty- between thi .Solicitor au Counnel for defendant leading up to . the agreement niado out of Court that said rase should be continued for the 'third tinie at , the' present - ; term of court and as to all the rea- '' sons moving the Solicitor to enter into such an engagement without consul tation with the presiding' judge who,! to the knowledge of the Solicitor was present in New Uuru on ofllclnl duty for a whole week before such I continuance could be lawfully en- ! tered. "The Court respectfully calls the attention of the Solicitor to the fact that so far as the record discloses the defendant, although indicted in i September, 1914, for a murder al- , leged to have been committed in the . preceding July, has never been re- quired to plead to the bill and that the Clerk and his deputy etate, in response to the Judge's inquires mat me defendant has never in fact been arraigned. The practice uf an early arraignment designed to require the defendant to make prompt disclosure of any technical objections to the bill is so firmly established that the Court feels constrained respect fully to request theJSolicitoiJ'to ex plain the exceptional treatment of this case. ' "Tho Court respectfully requests tho Solicitor to specifyjin detail what efforts he has made to bring the ease to trial, and if any such efforts have been made what obstaces have been interposed to defeat such efforts and by whom. The .Court particularly desires tho response to this inquiry in both its aspects to be full and com plete. "The Court respectfully requests the Solicitor to put his statement in writing, with a view of its incor poration to the minutes; the Court upon its own part engaging that its ruling upon tho matter under con sideration, together with the reasons for such ruling, shall be reduced to writing and made a part of the minutes of the Court's proceedings." (Signed) FRANK CARTER, Judgo 'Presiding. Solicitor Abernethy gave out no statement last night as to what ans wer ho intends to make but it is sup posed that be will do as requested by Judgo . Carter and will have hit -statement ' .of the- case ' itr -reAdiiies at the opening of Court this morn' ing. - Col Flummer 5 .rit Col. E. II. Plummet who was appointed as provost 'marshal at Vera Crus durinrf the trouble that this country had with Mexl- co a few months ado, is one of the' greatest 'military experts tn the country and Is held In hldh esteem by. the- administration officials. - " MUCH ACTIVITY Ship Buildinrf Goes Rapidly On its Way-; . v: Now York. Feb. ; lf Ship building in the United ' States is showing greater activity than for many years, shipping men here declared . today, Every firm on the Atlantic Seaboard has more orders than it oan fill. Ac tivity nearly as great is said to pre vail on the Pacific ooast. ..' m ) ,; : Among neWj yessesl recently con tracted for is one of 15,000 tons reg ister for, the Luokonhach Steamship Company, to be named the Edgar F. Litckenbaoh. A cargo carrier for the Munson line also is under construc tion. No fewer than ten other. ves !els, all eargo ,'carriers, are - l)elng constructed jind inquiries, it is said,, have been received" from flfms whioh are (wmsiilering ' construntidh of at least' ten vessels. , - , : . , : : Every Vessel now. on the ways. It i said, will be plucel under Ameri can registry. ' '. ." ' . Fair and warmer with moderate northeast winds is the weather fore cast for New 1Uti mtil vlulpity today. Governor Zlia ' U. Am mons became so badly arfUed tip In the strike situation out in bis vtate that he was threatened with im peachment. The Governor seem ed to he unable to hoadle the situation and his Interference nude niatters worse than, they would hove otherwise been. ONLY ONE QUART AFTERJUNE 30TH Alabama's Supply, of Booze to Be Cut Down ' to Quart Limit Montgomery, Ala., Feb. t- 9 No transportation company -.after June 30 can deliver more than one quart of liquor a month to any one per son in Alabama. The Denson antj shipping bill today automatically be came law, it having remained on Gov ernor Henderson's desk for seven days after passage in the Legislature. Governor Henderson (eat in a veto of the auti-advortising bill, which prohibits carrying of liquor advertise- menl in-newspaper 4t.the-State.Thl4 bill has been passed in the Legislature and will be made a special order at the session Wednesday. The Leg islature so far has passed a State wide prohibition law over 'the gov ernor's veto, the governor has signed a prohibition enforcement bill, ao-an ti-shipping bill has been automatical ly passed and an anti-advertising bill has been vetoed. This constitutes the total of the prohibition legislation. AN OPEN FIRE CAUSED DEATH Former New Bern Lady Meets With A Hor rible Fate . A telegram received in New Bern yesterday afternoon told of the horrible death on the pre vlous day at Lynnhaven Station in Princess Anne . county. Va., of Mrs. P. P. Tolbert. a . former cltisen of this city. - The messade stated'- that on last Monday afterndon Mr. Tol bert who was formerly Miss Mad die Ktnsey.. was standing in front of an open fire and' that In some way her clothind became Idnited. The frightened woman made des perate efforts to . ex tlnuUh the flames-but woe- powerless to do. so before she was severely burn r , It was hoped' thai her Injuries would not prove fatal and every thin t possible -won done for the sufferer but this proved of no avail and she died yesterday afternoon. Mrs Tolbert. 'who .was. only twenty-three year of ade, baa for the past three years, been Uv Inf at the home of her aunt. Mrs. J. B. French at Rellalr and she and her husband only recent ly moved tm Virginia. The body will, bo brought to New Bern tomorrow morning and will belnterred.lt Is supposed. In the family burial dround at Bel Geneva, via Paris, Feb. 1 The Russians are naarcnind. Into Hon rfary by tho valleys of the Thttsa and TJnd rivers, according t d vices here. Taking the offensive at Korosmeao. .they,, are said ' to havd Inflicted severe losses on the Austrlans and advanced Bve miles in the direction of Borkut In the L'yutta' valleyW They also ' pro dressed southward as far as Turja. Remute and Peresceny on the railroad from Turja .to Unjvar. capturing two batteries embrdicd in the mud In tbf PoJi)n.y; wps Diounlalili, FORGCiG AHEAD Eduatkmstl Institution In gThat Place MaJdng.'Rap'-j id Strides. Marioea,- Feb.' bTaA,d ew of the death of .R.tHeadera,.oCKew Bern. N. Cn wae quite a shock to his many friettdsC On Feb. 2, 1915.' the interment-was, mad at Henderson' cemetery, rt Dock Creek, N; C. Oar school t miking rd. progress under the able manageiment. of Mr. Jarae Taytej t Tjjiajiding, and Miss kathaleei Venters of Gum Branch.. . ; ' , Miss Mamie Simpson, wps. a pleas ant caller at Utti A. MiUis'' Fri day afternoon, ; ' Mr, Raymond fienderson qf Kew Bern, was. in our miist .Wednesday. While here he pfc i Mies Dora Ma shaiT a very ;pWt koVhiaff.-; JSe'Ved- ding bells e jJikos Wiheard. says Rumor. Mr.W. T. bison, -the popular Pott master at y40MI S 'CVpent part of the week k (J. M. Simpson. Mr. W. H. Wmjams has purchased a home At Cedar JPoint and is residing in our town., Mise Ennice better spent Wednes at Glllettesr N with friends. Mies Catherine. .Veaters and Mr. Kay Marine- were ihe guests at L. F. Simpson last Supdy. The Farmerr Uajon met her Satur day and reported!) grand success in their work. J i Messrs. A. Qf. ISewell and Burl Ellis, of Verona,;' were the guests of G. M. Simpson.. Jasf Sunday. Mr. R. avMoiton, of Herbert. N. C, was ia our town last Monday on business. w Mr. and MrsJ,T. Dixon and Mr. and Mrs. J. S Hilphrey, of Verona, Bpettt seyeraj daytj here last week visiting relaives.,f i3 Mr. FilmoroUlette, of Hubert, was the guest' of; Robert Marshall Saturday night ana Sunday. JASPER' at . tS NEWS. School That A Place Maklnd . Jasper, Feb. 9.The progress being made by the studente of the Jasper sehoof 4:v gratiiyuii: jgjSsM'.ttM patrons and tesoher of the jchoql. The ' policy i-'et "publishihg . in . the local papers1 a' list monthly of those who succeed in keeping their Average high enough to enable them to get on the honor- roll, has. caused almost every pupil to work with renewed interest consequently greater results are' being : obtained from the child ren. The following is a list oT thos,- whd succeeded in getting on the honor roll for tlte month of January '. Glen n Humphrey, Bessie Humphrey, Roy Hughes, Carrie Hardison, Donald DeWit "Whitley; Clyde Doughtety, Viola Wetherington, Lee. Parker Har ditton,! Martha Whitley, Albert Tur ner and Street Wetherington. MAN ARRESTED; . A WOMAN WEEPS Hert's A Human Interest Story From Winston Salem Winston-Saleuu Feb. 10. Once again the strong hand, of the rlaw has "been -laid upon .the shoulder of a man charged with violating it; and Charlie Kyle, charged, with forni cation and with seduction under prom ise of marriage, is behind the bars a waiting- trial while. disillusioned, broke4 hearted girhuurses an aching heart and does a pennappe of tears. The Arrest. " yesterday the officers received a let- W from a father who lives at Laurel Springs eUtlbg that bis daughter was living here with a inan wboin he thought she had married but whom he found had never manied.hef.. Tb lew teif further' sU ted 'that the man ned a 'wife end three children living near Wukesboro. A picture of the missing daughter was inolosed in the letter, The man fifcme was given as Charks Kyle of near Wilkesboro, , ; ' ' Upon receipt of the letter and photo graph,' Sergeant Cofer' began making inquiries and located JKyle in the cig arette factory. ; Taklnt onW.T. A. Early with him, he went to the eigar- ette factory, where he arrested Kyle About 9 o'clook. About 20 o'clock they found the younr womas. Miss Etta Smith, in the ShaouWk Mills And took her in o barge, : , , When the girl was told what had happened she was overcome. But she still thought that Kyle was true to her and the stated thai he had prom ised her time and again tf marry her. But when she-was told that he had A wife and three children living near Wilkesboro,' it is said that tho poor girl almost collapsed, eo great was her grief and despair. . ,v A Trarflc Story. The sobbing girl stated that site met Kyle at the Wilkesboro Fair last fall, sod J lint the ssff. hi to severs) fimes RAINY WEATHER;:-. ATMILL CREEK Jup. Pluv. Turns Loose His Wrath On That Section Mill Creek Feb. 9 We are having some veryN fine weather -hope it will continue so. ,N Quite a large congregation attended Sabbath school here Sunday. We are sorry to hear of so many people being ill. We hope they will all be better soon. Mrs. Jennie MeriU. wif of Elder C. L. MeriU, is very ill. Mr. Sid. Sopshire has met with an accident aboard Mr. B. A. 0lesby'i gas boat. , Mr. W. K. Currier and James Small were at Morehead City Friday night. . Mr. Cartwright is in our town. We are very glad to have him here. He is a sailor and was shipwrecked near here. Miss Georgia Allina Currier is spending a few days with her grand mother and gradfather Rev. and Mrs. C. L. Merill. Mr. and Mrs. Will. Briant Davit ha moved to our town. We are glad to have them. We are going to give a pie party St. Valentine night and also a valen tine party and the people both old and young are all cordially invited. Mr. and Mrs. Joseph Smith, for mer residents of Morehead City, has moved in our vicinity. Welcome to our town. Ed. C. Smith has built a dwelling in our neighborhood and we are expecting him to move in soon. Our neighborhood is building up very fast and we have lots of lady- friends but there is not many gentle man friends; we are wishing to have a few. Mr. Joe Smith was at Newport last Saturday and purchased him a flue mule. Mr. Will Currier was at Newport Saturday on business. Mrs. Will Small has gone to Beau fort to work in the knitting mill. Mr. Roy and Carlton Taylor of Harlowe past through here en route to Crab Point where, ithey spent Satur day, and Sunday with their friends. t Mr. Will-.Davie and jonnie fones rated ife'lteWatetbnim afternoon. ,, r Mrs. C. E. Tidleburg is very ill:' hope for his speedyTTecovery. Mrs. Bowden ';has returned to Morehead City of teT' spending a few days with his daughter Mrs. Joseph Merrill. "Hello,. Boys!" There is lots of young ladies way down here looking for futuro husbands. Why don't you come on. "Oh Fudge!",. you will say, but that is alright. Some of them are fine looking, believe "muh!" Oh, 1 forgot! Valentine's fay will soon be here. You all must send valentines for seme fun. after that. Then he came here and went to work in the mills and wrote to her to come here and they would marry. She came, but ho did not marry her. She stated that he look her to a boarding house where they stayed for a while, after whioh they moved into a house in Salem, where they have been living ever sinoe. She said that Kyle repeatedly promised to marry her,, al ways saying that he was going to "get fixed up and marry htr." But he did not do it. The -poor girl had oome here ana! that was the result.' But she protest ed that she never knew he had a wife and children, and it took the letter whioh the officers had received from her father to oonyince her. It is stat ed that she was completely overoome when she learned the truth, that she had been decieved all along and that her case was .hopeless. She wants to return home. . . WHITE, MAN LYNCHED Taken from Jail by An Andry Mob Mayfield, Ky., Feb. 10 Thomas Tinker, a white 'man under arrest on the charge of shooting and"( killing Constable Riobard Tart, was taken from the county jail here last night And lynched by a band of fifty or more men who. rode here from Mel bet, whore the' constable was killed. ' Arriving in town, the band went directly to jail and demanded that Tinker be given up. Jailor. Douplin saw the futility of resistance, it is said, and the men took Tinker from hii1 cell, hanged hi in .to tree, and then riddled his body with bullets. ; The shooting of Constable Tart oc curred Monday, when he attempted to arrest i Tinker on . a . charge . of housebreaking. . . : . Miss Flora bol Day? left yesterday morning for Vandemere to Attend the funeral of her .cousin . Mis Callie Potter. .. C. .. ..: Mrs. F. W. Hughes left yesterday morning for Raleigh to spend a few days visiting friends and .relatives, Slayer of Fulford J. W. THOMPSON GIVEN A CHANCE TO LIVE STRAIGHT Judge Carter Lenient With Young Man Who Shot Scarlet Woman HE WAS JNDISCREET In A Moment of Madness Caused By Drink He Fired the Shot The attorneys for J. W. Thomp son, white, who shot and seriously injured Clara Kimbrell in a house of ill fame at Pembroke several months ago, yesterday in Craven Superior Court entered a plea of guilty to an assault with a deadly weapon and i asked for mercy. In a few remarks made just previous to the passing of sentence, Judge Frank Carter stated that in his opinion some young men about the age of Thompson, at times were irresponsible for their acts, and in many instances a man's life is ruined by even a short sentenee to the chain gang. He related au in stance of where a man now of in fluence and standing had committed i a crime similar to the offense of Thompson's, but punishment was ad ministered to him other than a road sentence, which instead of branding him as a hardened criminal for life, was the turiiing point in his career. Proper Punishment "1 have never seen a person with a more open countenance than this young man has, and I believe that if he is given the proper punishment for his crime it will be the turning point of his life and he will make a desirable citizen. If he is sent to prison he will always be cowed and would not be able to look his fellow man straight in the face." . ( Xheatenoe passed on the deferod- ant was that he pay the cost in the case, the hospital, and doctor's bill for the woman whom he assaulted, and rei m bursi- his sister all that she had spent on him since he has been in this trouble, and in addition to this he is to appear at the February, 1916, term of Craven Superior Court and show that he has abstained from tho use of whiskey, and show that he is engaged in some honest line of business. He was required to give a two hundred dolar bond for his ap pearance at Superior Court onee a year for at least three years and as much longer as may be deemed necessary by the Court. It will be remembered that before the attending physician had allowed the victim of the tragedy to sit up long enough to be dressed, her hus band succeeded in persuading one of the nurses to dress her, and carried her to the street in his arms, where she was placed in a transfer, and since that time the woman has not been heard of by the local authorities except it was reported that she was placed on a north bound Norfolk Southern passenger train that night about midnight at a station between here and Chooowinity. ELIZABETH CITY NEWS. Tax Collector Busy Collecting Taxes. Elizabeth City, N. C, Feb. 10. W. E. Dunstan, who has been manager, secretary and treasurer of the Crystal Ice and Coal Company for the past twenty years has severed his con nection with that company and has. opened an office in the llinton build ing, f Joe Elliot has recovered from in juries received ten weeks ago by fall ing off the roof of the Elizabeth City hospital, so that he is able to be out on tho streets. Caleb Rapor, an aged oitixen of the Newbegun Creek section of this coun ty, entered the El itabeth City hospital yesterday afternoon to receive treat ment. ''.' ' 1 ;.'' ' ..;. ..' Miss Stella Johnson will give a valentine parly" Monday night at her home in Cypress street. , An en tertaining program has boon prepared for this oooAsion. The city tax collector is now, busy pushing the collecting of the city taxes which are long past due. - , . Mrs. Bessie Stewart has gone to New Orleans, to visit her brother, Edward Wood. She will Attend the Mardi Qras in thl city. State 8enator W. h. Cohoon, after having spent two days here attending to professional business, loft last night for Raleigh, to be in attendance upon the sessions of the State Senate. T. D. Warren left yesterday for businossvisit to Jck'iuville, Is'. C. Gannr: on Trial Jesse Creel Yesterday Af ternoon Brought Into Court and the Trial Begun. Several Witnesses On thjr Stand. The State Rest and the Defense Put On A Number of Character Witnesses. The Case Will Probably Go to the Jury This Afternoon Only Sec ond Degree Verdict Asked for. The most important case on the docket for the present term of Craven Superior Court is that of the Stat vs. Jesse Creel, in which the defend ant is eharged with having foully slain Gannon Fulford on Christmas eve, last. This case was taken up yesterday immediately after the afternoon ses sion was convened and the court room was packed to its utmost capacity " with interested spectators Who were intent on hearing every bit of the ' evidence. Creel, who appears tittle the worse for the time he has spent in jail, stated that he had no funds to em ploy counsel to defend him'. And Judge Carter appointed attorney D. E. Henderson to represent the de fendant. Some little time was taken up in the selection of a jury; but after this had been completed the taking of testimony began. The First Witness Dr. Walter Watson, the county coroner, was the first witness placed on the stand. Dr. Watson told of being notified of the erime and 'of going to the scene to make an loves- . tigation. He stated that he found Fulford lying on the ground on Spring street near the corner of New South - Front street and that at that time life was extinct. The witness then, gave a description of the '"wound ? after which he was allowed-to leave the stand. Heard Conversation ' - . '' . Mrs.yMollie- Meekins, --who lived :; was the next occupant 0t the , wltueBS , chair. Mrs. Meekins told the Court that on the night of the murder she had been down in the business , section of the city doing some ibopr" ping, and upon her return saw- Mr. Fulford standing on the sidewalk in front of the Creel homo, while Creel and his daughter we oss tlce. porch. She declared that ' Creefr ww cursing Mr. Fulford and.- wsa-'at -tempting to break away '.from i his daughter who had hold of him and who was doing her best to induce , Fulford to leave that locality, telling him that her father would kill him if) he ever got to nim. Mrs.""Meekin then stated that about this time Mr. Brock oame by and asked Mr. FuK ford to go with him. The witness r said that Fulford agreed to do . this' and tho two 'started off, but had gone only a few steps when Creel applied" a vile epithet to Mr. Fulford and , then the latter started back to the spot he had just left and. there, he' and Creel met and went -together. Mrs. Meekins said that , she " saw Creel strike at Mr. Fulford several times with a knife And at last they fell to the ground ' together n with Creel on top. A few second later Creel, said Mrs. Meekins, arose and after muttering a few words walked . back into his home. Fulford remain ed lying where he had fallen.? - .' The Chief Talks v' Chief of Pqlice C. Luptonj who. was ' next placed on the .witness stand, . told of going to Creel's home to place him under Arrest And of finding . the murderer in an out-house with '' a shotgun in his hands And a num ber of shells in his pockets And Of the manner in which he took the prisoner " into custody And carried him' to jail. ' . . State . Rests V: " . ; At the conclusion of the evidence given by Chief ' Lupton, the : 8tt- -rested it case. -.In -opening up for ; the defense Attorney D. E. Hender son placed on the stand a number of persons front venoir apd Greene eoun- ties, the former home of .Creel, and these testified as to the character of - the defendant and they spoke .of him in vory complimentary terms. ' ? After this testimony bad been taken - the day's session oame to A' close, At the own vening of. the session today it will bo resumed and will probably go to the jury some time this after noon. j , v - ' ' " ' Second Degre Murder Creel i hot being tried for first degree murder, the solioilor . only asking tot f verdict in the seeond degree. '; - ' ' There lll be basket ball (rume tonight et eight o'clock in'tlie IiH tobacco warehouse, between the I s i-l high School team and t lie bV'i ' ' team from Dover. H-itli ( t' s1rMK ti tun and a 1 ' . S'Mui' is ,-' '' 1. I ii I i ; c,.o.i ,.,.. i vn ;
New Berne Weekly Journal (New Bern, N.C.)
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Feb. 12, 1915, edition 1
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