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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 <n front
of the fire, with a gun lying across
his lap and appeared to be rubbing
the same. Soon Andrew Pearce, al
ias Walker, came In at the back door
and appeared to be in a hurry. He
then heard Frank Langley's voice
In front of the house, and Andrew
Pearce spoke saying, "There comes
Prank Langley now." Albert got
up to go to the door as If to let
him in. He then heard a gun shot,
and heard Mrs. Pearce, say, "Albert
has killed "Frank Langley." Turning
around he saw Albert Pearce set the
sun down. Everything was then In
a stir, and he ran out of the house
and on down town. He said that
he was overtaken by tho Pearces,
Albert and John E., and asked to
help carry the body off, but ho re
fused, and having received a letter
that day from his wife stating that
their child was sick, left on the night
train for Clayton, and knew noth
ing else of what took place.
To conceal their dastardly crime
the body was then taken and carried
to a place one mile west of the town
of Princeton where It was placed on
the track in hopes that the train
would cut It to pieces and thus for
ever hide their crime.
The body was struck however In
such a manner as to mutilate It
above the wound, and the evidence
of the death wound was left untouch
ed, and so Is It proved, "For mur
der, though it have no tongue, will
speak with the most miraculous or
gan."
In accepting the plea of guilty of
murder in the second degree the ac
tion of the Solicitor has met the en
tire approval of all the citizens of
the county conversant with the facts,
and the ends of justice appear to
be fully met.
SENATOR PLATT DIED SUNDAY.
Former Political Leader and Several
Times Senator From New York
Passes Away.
New York. March 6.?Thomas Col
lier Piatt, for a quarter of a century
the most powerful factor In New
York politics and the founder of the
modern political machine, died to-day
in his seventy-seventh year. His
long life ended as a slender cord
might snap In twain.
The story of his life has been sum
marized as follows:
Born July 15, 1883, at Oswego, N.
Y,
Entered Yale with the class of
'53.
Received honorary degree of A. B.
In 1876,
Member of forty-third and forty
fourth congresses.
Elected United States senator Jan
uary 18, 1881.
Resigned with Conkllng May 16
same year.
Elected United States senator In
1896, re-elected 1902.
Term expired March 3, 1909.
President of the U. S. Express Co.
since 1880.
Died New York city March 6. 1910,
aged seventy-six years seven months
and nineteen days.
Manure Spreader Exhibited.
Lut Monday Mr. H. P. Stevens
showed the work of the Easy Load
er Manure Spreader to a number of
farmers who took quite an Interset in
the exhibition. A load of manure
was placed on the spreader which
was drawn by two fine horses and
the manure was spread on a lot be
longing to Mr. Stevens. The work
was all that could be desired. This
waa Interesting to many who had
a**1** Ma ft spreader work be
THE PUBLIC MUST WAIT
PEARY DECLINES TO SUBMIT
PROOFS TO CONGRE8S.
Sends a Statement Written in the
Third Person to the Sub-Committee
Declaring That it is Impossible to
Make His Records and Scientific
Data Public Now.
Washington, March 7.?Commander
Peary declined to-day to submit to
Congress the proofs of his discovery
of the North Pole. He sent in care
of Representative Alexander of New
York a statement, written in the third
person and addressed to the sub-com
mittee of the House committee on
naval affairs, in which he set forth
his reasons for refusing to send his
data to the committee. The state
ment follows:
"Commander Peary and his friends
say that contracts signed months ago
with his publishers render it impos
sible to make his records and scien
tific data public now. It would not
only Bubject Peary to heavy dam
ages?a loss which he cannot meet,
having Just extricated himself from
debt Incurred in connection with his
various expeditions?but it would be
breaking faith with his publishers,
which he is unwilling to do under any
circumstances."
After hearing statements by Repre
sentatives Hobson of Alabama and
Moore of Pennsylvania, urging the
granting of a congressional reward to
Peary Irrespective of the question of
his proofs, the committee adjourned
until Wednesday without taking ac
tion.
Of the committee of seven mem
bers. It is known that three are op
posed to granting recognition to Com
mander Peary unless the proofs of
his discovery of the pole are submit
ted to Congress and the public.
Roth Mr. Hobson and Mr. Moore
vigorously urged the committee to
day to honor Commander Peary with
out further qulbling over the proofs.
Th* former declared that the grant
ing of the rank of a retired rear ad
miral was none too much honor to
bestow. He argued that the endorse
ment of Peary's proofs by the Na
tior.ai Geographic Society was suf
ficient.
Representative Macon told the com
mittee that since he publicly declared
a few days ago that he would insist
upon seeing Mr. Peary's proofs and
vas opposed to any "legislation in
the dark" on the subject, he had re
ceived letters containing three thous
and signatures, endorsing his stand.
The deserts of the earth cover 4.
180,000 square .miles.
SAVED FROM THE CHAIR.
John Atkinson's Death Sentence Is
Commuted To Imprison
ment For Life.
John Atkinson, the negro of John
ston County, who was sentenced to
be electrocuted on Friday, March 18,
escapes death, and his sentence Is
made life imprisonment. This was
done by Governor Kitchln yesterday.
Walter Morrison, of Robeson Coun
ty, Is now left In the State Prison
as the first to be electrocuted and
there is an application to commute
his sentence. This Is yet to be
acted upon. He was convicted of
rape, while John Atkinson was con
victed at the December term, 1909
of Johnston County court of the mur
der of another negro. In his reasons
for commutation, Governor Kitchln
says:
"In this case the prisoner shot
deceased on account of deceased's
criminal relations with prisoner's
wife, and while under great excite
ment at having learned that the
guilty parties had Just been offend
ing. The Judge and Solicitor recom
mended commutation. Every law
yer who heard thg trial also recom
mended clemency and eleven of the
trial Jury also recommend commuta- ,
tlon. There Is no protest. I com
mute John Atkinson's sentence from
death penalty to life inprUonment."?
News and Observer March 5th.
Oklahoma has the greatest Indiar.
population of any of the states of
this country. They number 117,370.
The earth's fertile are* l? estlma
ted at 28.2*9,300 square mile*.