21}r fcinityirlb HmUb. PHce One Dollar Per Year "TRUE TO OURSELVES, OUR COUNTRY AND OUR GOD." Single Copiee Five Centa. . ? ? VOL. 29 SMITHF1ED, N. G, FRIDAY, MARCH 11, 1910 Number 2 COURT PROCEEDINGS MANY CASES WERE DISPOSED OF FIRST THREE DAYS. Judge Oliver H. Allen, Who it Pre-1 elding, Delivered Strong Charges To Jury?Several Law Breakers Bent to the Roads for Terms of J Different Length?Jesse Hilliard, Of Clayton, Foreman of the Grand Jury, The March Term of the Superior Court of Johnston County convened Monday morning with Judge Oliver ti? Allen, of Kinston, presiding. The following grand jury was drawn and sworn in: Jesse Hilliard, Foreman, B. A. Tur nage, C. P. Ellis, Willis T. Bailey, O. W. Godwin, Joseph Wood, J. R. Sauls, Kemp Lee, T. P. Oliver, Ash ley Wallace, J. H. Talton, J. P. Tiner, A. J. Southard, W. G. Mitchell, H. S. Wall, T. R. Hood, J. W. Tlppett, and J. E. Hobbs. Judge Allen in a clear and forcible charge of an hour and a half in length told the grand jury the duties wlilch devolved upon them as such g:?nd jurors. During the course of his remarks he spoke of the recently enacted prohibition law. He said tha iae law should be enforced because it wee the law of our state and the only law on the statute books that had been made by the vote of the people. That every other law on the statute books of North Carolina were placed there by the legislature, -with the exception of the prohibition law, and that it was enacted by the direct vote of the people. He said that 85 per cent of the crimes com mitted had whiskey connected with them. After the grand jury had re tired from the court room to begin theii work, {he docket was taken up and the following cases disposed of. State vs. Tom Johnson and Sam Johnson. L. and R. Nol pros with leave. State vs. Eddie Oneal and John Ferrell. Store breaking. Nol pros with leave. State vs. Walter Sanders. Store breaking. Defendant pleads guilty to receiving. Judgment suspended upon the payment of costs. State vs. John Beckwith. R. W. L. Nol pros with leave. State vs. James Gary and John Gary. House breaking. John Gary having broke jail James Gary was put on trial, and being found guilty was sentenced to five years on the Smlthfield and Clayton roads. State vs. A. A. Bass and Catherine Capps. F. and A. Nol pros as to both defendants. State vs. Lonnie Smith and Will Ross. The defendants were charged with entering the cotton house of Mr. Robert Sanders and taking a jug of cider. Defendants plead guilty and judgment was suspended upon the payment of the costs. Mr. San ders joining in the prayer for judgment. State vs. M. D. Smith and Archie Hodges. A. D. W. Defendants plead (guilty, and judgment is suspended upon the payment of the costs. State vs. George Mitchell. A. D. W. Defendant pleads guilty to sim ple assault, and is fined five dollars and taxed with the costs. State vs. Freeman Young. The de fendant was charged with breaking and entering a store in the town of Clayton. He plead guilty of receiv ing goods taken from the store know ing them to have been stolen, but denied the breaking and entering. Be ing of a very weak mind the solici tor accepted a plea of receiving and Freeman was sentenced to serve two years on the Smlthfield and Clayton roads. State vs. James Gary. A. D. W. De fendant pleads guilty. Judgment sus pended Gary having been sentenced In another case to serve 5 years on the roads. State vs. Willie Smith and Rosa Smith. F. and A. Defendants found guilty. Rosa Smith sentenced to eix months In jail, while Willie goes to do service on the Smlthfield and Clayton roads for a term of three months. State vs. C. V. Young. L. and R. Bill changed to charge forcible tres pass. the deefndant pleads guilty and judgment is suspended on the pay ?nit of the coats. State vs. Eugene Canady. C. C. W. Defendant waives bill and pleads guilty. Judgment suspended on the | payment of the costs. ! State vs. Paul Young. L. and R. Defendant found guilty and senten | ced to do duty on the Smlthfield and Clayton Roads for twelve months. J State vs. Allen Norrls. C. C. W. Defendant pleads guilty. Judgment of the court is that Norris pay the costs, and give bond In the sum of $100.00 to appear at each term of the court for a period of two years and show that he has been sober and of good behavior. State vs. Fletcher Strickland. A. D. W. Defendant is found guilty and sentenced to serve four months on the Smlthfield and Clayton Roads. State vs. Fletcher Strickland. L. and R. Bill is changed so as to read forcible trespass; defendant pleads guilty and Judgment is sus pended. State vs. Ira B. Hudson. Appeal from Mayor's court of Benson. Not guilty. State vs. Let Davis. C. C. W. Not guilty. State vs. Percy Hastings. L. and R. Defendant pleads guilty in three cases but being a boy under thirteen years of age and of weak mind he was hired out for a term of 2 years to Mr. George Hinnant. State vs. J. Robert Young. A. D. W. Defendant found guilty of a sim ple assault and judgment is suspend ed on the payment of the costs. State vs. Chas. C. Lee and Joe E. Booker. Failing to list taxes. Nol Pros. State vs. Demas Lane and Henry Atkinson. Shooting into dwelling. Nol Pros. State vs. John Henry Turner, James Holt, and Charlie Williams. L. and R. Defendants plead guilty. Williams and Turner, and Holt are hired out for the costs. State vs. John James. C. C. W. Capias and continued. State vs. J. W. Standi. A. D. W. Capias and continued. State vs. Isaiah Singleton. L. and R. Capias and continued. State vs. Walter Wallace. A. D. W. Capias and continued. State vs. Jim Oneal. Not true bill. State vs. E. Z. Jones. Dis. M. P. Capias and continued. State vs. Let Davis and J. A. Gill. A. D. W. Gill called and failed Judg ment nisi, sci fa and capias. State vs. J. H. A. Parham. Dis. M. P. Not true bill. State vs. John Winfield. R. W. L. Capias and continued. State vs. Mary Creech and J. R. Creech. Dis. M. P. Nol Pros. State vs. Claud Williams. L. and R. Defendant pleads guilty and is bound out to J. T. Barham till 20 years of age. FALLS 400 FEET AND LIVES. Aviator at Moumelon Meet Lands In Tree and Escapes Unhurt When His Biplane Breaks. Mourmelon, March 7.?Two aero plane accidents marred the flying to day on the local aviation grounds, in one of which M. Crochon in a Voison biplane had a miraculous escape from death. Crochon's machine fell from a height of 400 feet, overturning sev eral times In its bulletlike descent The pviator was saved by the machine striking in the top of a tree. The biplane was smashed to smithereens, but Crochon, whose friends had rush ed to the scene expecting to pick up his mangled body, climbed down from the tree badly scared, but not hurt. A few minutes later the Farman biplane used by M. Frey collided with Capt. Moreau's machine as the av iators were alighting. Both machines were badly twisted by the Impact, but neither pilot was hurt. Tuesday In Congress. Washington. March 8.?The post office appropriation bill carrying ap propriations aggregating $241,000,000, was passed In the House to-day, while the Senate disposed of the ag ricultural bill with total appropriation of $13,500,000. The Senate was in session three hours, the House continuing to do bu siness a couple of hours longer. Both the Senate and House will meet to morrow. , t - J TRAGEDY IN HALIFAX i THREE PROMINENT MEN SHOT BY E. E. POWELL FRIDAY. The Victims of Powell's Wrath Are Paul Kitchin, a Brother of the Gov ernor, Senator from Halifax, and Deputy Sheriff Charlie Dunn. Tra gedy Took Place on Streets of Scotland Neck. An awful tragedy was enacted last f riday afternoon on the streets of Scotland Neck, when E. E. Powell, a man about 70 years of age, shot Rep lesentative Paul Kitchin, a brother of the Governor, State Senator E. L. Travis, and Deputy Sheriff Charlie Dann. The tragedy began very unexpect edly and according to the newspaper accounts is as follows: "Kitchin, Travis and Dunn were in Woolard's livery stable and the (wo former were approached by Powell, who asked Mr. Travis why he had not replied to a letter he had written him. Mr Travis stated that tho letter had escaped his jiotice. Powell cut in and began cursing. Mr. Kitchin started to remonstrate and soothe the man and placed his hand upon his shoulder. As he did so Powell drew a revolver and sho* Mr. Kitchin in the face. Kitchin fell to the ground and Powell turned ancj shot down Travis also. Deputy Sher iff Dunn started to approach Pow ell, but being unarmed turned when he saw the latter raise his revolver. Powell fired and Dunn fell with a bullet through his side." Dunn died Monday. The others are getting on as well as could be expect ed. Powell went to his home after the shooting but later surrendered and was placed in jail. He was later tak en to Raleigh for safe keeping. He says now that he has no recollecion of the horrible affair. He will doubt less try to get out of it by claiming temporary insanity, or brain-storm, or some other fool trick of these modern 1 days. PLAY IS BRINGING FORTUNE. '?Chantecler" Will Net in Its First 100 Performances at Least $320,000. Paris. March 7.?Financially the success of Rostand's "Chantecler" is phenomenal. I am told that the first 100 representations in Paris alone wil bring in no less than $320,000. When the managers of the theater St. Mar tin have pocketed a million or so, i people will cease to ask "Is 'Chan tecler' a success." Rostand says: "Do not congratu late me. I have been betrayed by - my interpreters. I suffered the tor tures of the damned." Now all the world knows his chief J interpreter is M. Guitry and that ] actor and author are not on speak- i ing terms. It is said that on a re cent occasion, when the poet and his illustrious family left the theater, Guitry pointed the finger of scorn at them and remarked: 'There go our i country cousins." i As to the critics they are all at war with each other. i Alfred Capus says: " 'Chantecler' 1 is a play upon whose success or fail- ] ure I cannot pronounce until after at i least 200 presentations." I Jules Lemaitre declares: "It is a ] fable of 4,000 verses." Negro Traveling with Smallpox. , There was considerable excitement i last Tuesday in Smlthfield when a i negro tramp came up Third Street to i find a doctor for smallpox. It had ] a good hold on him. He walked the i middle of the street and seemed not ? to want to get too near any person. A good many as soon as they saw ; him or heard about him left for oth- i er parts of the town. Others who ? had never seen a case of smallpox i and were a little more venturesome \ drew near to see him. He was sent off by the County Physician to < a house where he could be treated \ for the disease. Before coming here ] he had been working in the southern | part of the county but was dlscharg- i ed when It became known that he | had smallpox. He probably caught the disease at WUaon or Rocky* Mt. < I ? 1 . * THIRfY YEARS IN PEN PEARCE8 GUILTY OF MURDER IN THE SECOND DEGREE. Albert Pearce and Andrew Pearce Given a Sentence of Thirty Year* In the Pen, While the Old Man, John E. Pearce, is Sent Up for Ten Year*. History of the Crime. The case of Albert Pearce, Troy Pearce, John E. Pearce, and Andrew Pearce, alias Andrew Walker, came to a rather unexpected close yester day afternoon at the opening of the afternoon session, the defendants John E. Pearce, Albert Pearce, and Andrew Pearce withdrawing their former plea of not guilty and plead ing guilty to murder in the second degree, whereupon the Solicitor for the State accepted the plea and the jury returned a verdict of guilty as to the three above named defendants, and a verdict of not guilty as to the defendant Troy Pearce. After hear ing some of the facts connected with the case, the defendants, Albert Pearce and Andrew Pearce were sen tenced to serve a term of 30 years each, and John E. Pearce 10 years at hard labor In the State prison. This was one of the most revolt ing and shocking cases that this county has ever known. The history of the case is as follows. On Saturday night January 22nd, Mr. George Davis and Charlie Bras well while on their way home from Princeton, came across the dead body of a man lying alongside the railroad track about a mile west of the town of Princeton. Reporting their finding the coroner, Dr. R. P. Noble, of Sel ma, was notified, and he instructed the town anthorlties at Princeton to have the body guarded until he could arrive the following morning. Ar riving at the scene, Dr. Noble em panelled a jury and began to inves tigate. The train had severed the head from the body and cut off one of the arms. A closer examination of the body revealed a hole in the body just above the heart. Dr. Noble then probed and picked around in the hole and soon brought to light a No. 4 shot. The body was then tak en to the depot at Princeton where It was cut open and a load of shot found, which load had entered the body just above the heart severing the left aorta, and which had produc ed instant death. Circumstances then began to gath er thick nad fast connecting parties with the killing. Mr. W. F. Young told of having seen Prank Langley, the deceased, when he left his store just before sunset to go after some whiskey for Bithon Willoughby, and of hearing a gun shot In the direc tion of John E. Pearce's home short ly after Langley had left his store. Several other witnesses testified to baving heard a shot in that direction, and several facts showing hard feel ing between the deceased and the Pearces were disclosed. The coro ner's Jury then decided to visit the Pearce home, and upon arriving there found where blood had been scoured off the front porch of the Pearce home and also found blood an several garments around the house and on the walls of the porch. A gun that had been recently fired was also found, and two other ?uns loaded. In another room were Found quite a number of 4 and 5 gal lon jugg and a quantity of whiskey. Tracks of where a wagon had been 1 riven up to the house and turned around were also found, the tread ?f the front wheels being one Inch and of the rear wheels 1 % Inch. These tracks were traced from the Pearce home to the place on the railroad track where the body was placed. These tracks corresponded with those made by a wagon owned by Andrew Pearce, alias Walker, and was the inly wagon known in that community with the peculiarity of the wheels as above mentioned. The defendants upon this evidence were placed in : fail together with one Sauls who was at the house at the time of the murder. Sauls however was re leased upon habeas corpus proceed ings before Judge Allen at Goldsboro, [here being no evidence connecting aim wtth the crime. Attmr the defendants had pieftd l pitltp tfcnaoifc rilelr counsel Means. I Chas. U. Harris and 8. 8. Holt, who were appointed by the Court to de fend them, Sauls was placed on the stand by the State to relate the facts of the killing. The killing as related by Sauls to<5k place in the following manner. He (Sauls) had been working for the Princeton Lum ber Company and as his wife was out of town on a visit to her rela tives in Clayton, he had gotten Mrs. John E. Pearce to do some cooking for him, and had gone to the Pearce home after finishing his work and Just before dark to get his supper. He went In and It being a very cold day, pulled his chair up near the fire and was warming his hands, and sitting with his back to the door. Albert Pearce was sitting