VoL 43
SMITHFIELD, N. C., TUESDAY, FEBRUARY 19, 1924
NUMBER 15
Cooper Brothers Are
Acquitted on Charge of
Violating Banking Act
Jury Deliberates Near
Three Hours After
Hearing Two Weeks
of Testimony
WAS HARD FOUGHT CASE
Wilmington, Feb. 16.—After a
trial covering exactly two weeks
Lieutenant Governor W. B. Cooper
and his brother, Thomas E. Cooper,
chairman of the board and president,
respectively, of the defunct Commer
cial National Bank were today acquit
ted in the United States District
Court of a charge of conspiring to
violate the National Banking act. The
jury returned its verdict at 3:30 this
afternoon, after deliberating for two
hours and 55 minutes.
The defendants were discharged
until the May term of court under
the same bonds of $5,000 each, which
they gave when arrested last Aug
ust. The only other charge against
the Lieutenant Governor is another
bill charging him with committing
the acts he has just been acquitted of
conspiring to commit and it is con
sidered doubtful whether he will be
put upon trial again. However, there
are three more indictments in the
federal court and an indictment in
the State court against Thomas E.
Cooper. The government is expect
ed to press one more of its charges,
regardless of what happens in the
state court.
The outcome in the conspiracy
case was foreshadowed this morning
in the charge of Judge Henry G.
Conner who withdrew from the con
sideration of the jury all except one
of the sixteen charges in the bill of
^ indictment.
"Without regard to other phases
of the case about which I have no
opinion, I want to say that if I had
been on the jury, I should have re
turned the same; verdict in this
case,” declared the court when the
verdict was returned.
“Although not strictly in my line
of duty, I take the liberty of sug
gesting to you gentlemen of counsel
that there be no demonstration about
this verdict for reasons you will un
derstand. There are other matters
pendyjg,” continued the court.
- Those who have followed the case
closely have felt since the defendants
were on the itud WedNMhy nl
Thursday that Jvif CNMT M be
come convinced that under the Fed
eral statute governing conspiracy the
requirements of the law in providing
that charge had not been met. There
was little surprise at either the
sweeping nature of his charge of the
subsequent verdict of the jury.
The admonition regarding a dem
onstration was not necessary as the
courtroom, which has been packed
throughout the trial was almost de
serted when the end came. Most of
those present went quickly and con
gratulated the defandants. The
brothers themselves showed no emo
tion. Though naturally of excitable
temperaments the defendants have
kept themselves under control dur
ing the trial. Thomas E. Cooper
never lost his composure while "the
Lieutenant Governor lost himself
only during the speech of District
Attorney Irvin B. Tucker, who was
twice interrupted by the defendant.
Judge Conor deplored notice given
this incident in charging the jury.
—R. E. Williams in News & Observer.
NEW YORK OFFICERS GET
„ 10,000 CASES WHISKEY
New York, Feb. 14.—More than
10,000 cases of liquor, five barrels of
alcohol, and a completely equipped
“cutting” plant were seized by fed
eral prohibition agents tonight in a
downtown warehouse. The building
is on Water street, a few blocks from
city hall.
Th-; agents had loaded about 100
cases of gin, 30 cases of whiskey and
the barrels of alcohol on a truck, and
CIVIL TERM COURT
OPENS DAY LATE
Judge Pittman Detain
ed on Case in Clin
ton; Two Weeks’
Docket Pending
JUDGE PIXTMAN RESIGNS
The two weeks term of Civil Court
scheduled to open here yesterday
was unable to begin on the docket
yesterday, owing to the fact that
Judge T. M. Pittman of Henderson,
who will preside over this term of
court was detained in Clinton. A
case in the Sampson County Court
hung over until Monday, causing the
conflict. Court will probably begin
business today.
The papers Sunday carried news
of the resignation of Judge Pittman
who was recently appointed to suc
ceed Judge Kerr, now serving in Con
gress. the resignation to take effect
on Feb. 25. Immediately upon re
ceipt of the resignation of Judge
Pittman, Governor Morrison appoint
ed Tasker Polk of Warrenton. Mr.
Polk, was to give his answer to the
governor yesterday, it being thought
that he would accept.
DR. HOBGOOD OF
OXFORD COLLEGE DEAD
Oxford, Feb- 17.—Dr. Franklin P.
Hobgood, president of Oxford Col
lege. who died in a Richmond hos
pital last night, will be buried here
tomorrow afternoon. Funeral serv-j
ices will be held at 3 o’clock in the
Oxford college chapel, and will be j
conducted by Rev. J. D. Harte, pas
tor of Oxford Baptist church, as
sisted by Rev. J. F. Hardaway, of
Thomasville, who was pastor of the
Baptist church here for twenty years.
Grandsons of the deceased will be
active pallbearers and the board of
deacons of the Baptist church, of
which Dr. Hobgood was a member
for many years, will act as honorary
pallbearers.
The faculty and student body of
Oxford College, of which Dr. Hob
good was president for more than
forty joan, will act as escort for the
tonalas, And will have charge of the
music at the funeral.
SEEK BUST OF BROOKg
FOR THE HALL OF FAME
Boston, Feb. 14—For the placing
of a bust of Phillips Brooks in the
Hall of Fame at New York Universi
ty, New York City, to which he was
elected in 1919, the Supreme Court
was petitioned today to permit the
expenditure of about $4,000 from a
fund raised by Trinity Church in
memory of the preacher.
The petition, filed by a rommittee
appointed by the wardens and vestry
of the church, suggests that a replica
of the head of Phillips Brooks by
Daniel Chester French, now in the
Trinity Church baptistry, be bought
for the Hall of Fame.
'‘This will assist in perpetuating
the memory of Phillips Brooks,” the
petition reads, “and will be a source
of inspiration to thousands of people
in the United States.”
i -—
The U. D. C. To Meet
The Holt-Sanders chapter of the
U. D. C. will meet with Mrs- Thel
Hooks at her home this afternoon at
three o'clock. All members are re
quested to be present.
were about to leave the building when
the electric lights in the warehouse
went out. Continuing their search
with flashlights and lanterns they
found a stairway leading from the
second to the third floor at the end
of which was a barred door.
Old Confederates
In a Fatal Fight
Nashville, Tenn., Feb. 17.—
Death may write the closing chap
ter in the fight between two aged
Confederate veterans at the state
Old Soldiers home here Friday,
when one of them, G. W. Hamby,
97. was fatally stabbed in a child
ish argument over whether a win
dow should be raised or let down.
Dr. G. T. Bracking, 91, the slayer,
is in a serious condition due to in
juries received in the encounter,
and attendants at the homej be
leve that action by the state in
prosecuting him will be forestalled
by his early death. Dr. Bracking
confined at the quarters at the
home, is claiming that he killed
Hamby in self-defense, when the
latter attacked him because he
would not raise the window in his
room. The state has announced
following an investigation by the
sheriff of Davidson county and
Governor Austin Peay that no
criminal action would be taken
until Dr. Bracking is fully recov
ered.
Denby Resigns As
Secretary of Navy
Gets Out Following Criticism of Oil
Leasing Program; Original
Cabinet Member
Washington, Feb. 18.—Edwin B.
Denby has resigned as Secretary of
the Navy and his resignation has
been accepted. ,
After repeatedly declaring he nev
er would quit the cabinet under fire
of those who have criticized his part
I in the oil leasing program the secre
tary notified President Coolidge this
morning that he was ready to stop
out.
His decision followed a telephone
communication between the president
and Mr. Doheny in which all of the
latest aspects of the situation were
talked over in the light of informa
tion passed on to the White House
by Republican leaders in the Senate.
Smithfield Eliminates
Wendell ‘5’ From Race
Defeat Wake County
Tossers by 40 to 11
Score; Second Team
Livens Things Up.
HILL AND CAUDILL, E. STAR
Taking the lead from the start and
keeping ahead throughout the game,
the Emithfield highs won from the
Wendell highs here Friday night by
the count of 40 to 11, thus eliminat
ing Wendell from the State cham
pionship basketball contest.
Wendell scored most of their goals
in the first half. Practically all of
their goals were obtained from the
foul line. Upchurch, Wendell’s di*
minutive guard played a good game
for the visitors. He made one ex
ceptionally fine shot from mid-way
the court.
The Smithfield cagers had no trou
ble in defeating Wendell, the locals
playing rings around the Wake
County tossers. Caudill, E. who was
substituted for Holland at the begin
ning of the second quarter, and Hill
lead in the scoring for Smithfield,
Caudill caging four field goals and
one foul and Hill five field goals.
Caudill, J-, played one quarter and
rang up three field goals.
At the beginning of the second
half Smithfield’s second team was
run in and from then on the game
was even more snappy than when
the varsity team was in.
The teams surviving in Group
Seven are Smithfield, Raleigh and
Wilson.
15 Whiskey Stills
Captured by Officers
During the past two weeks fed
ral officers have captured fifteen
whiskey stills, ten of these being
found in Johnston County and five
in the eastern part of the state.
The stills ranged in size from
thirty gallons to one hundred gal
lon capacity and more than eight
thousand gallons of mash were
seized and destroyed- Several
gallons of whiskey were also
found. No arrests have been
made.
FIRE DESTROYS WINTER
ESTATE AT PINEHURST
Pinehurst, Feb. 16—The winter
home of H. C. Fownes, of Pittsburgh,
valued at $60,000 was partially de
stroyed by fire this morning when
a blaze was started by a defective
flue. The damage was estimated at
$35,000.
UNIVERSITY LADS
BEAT SMITHFIELD
Tar Heel Freshmen Win Close
Game From Locals By
30 to 27 Score
The Carolina Freshmen basketball
team won from the Smithfield High
school cagers here Saturday night in j
one of the most closely contested (
games seen on the local court this
season by the score of 30 to 27.
The fives battled on even terms
throughout the fray, neither team
ever gaining over a five-point lead
on the other.
The Smithfieldians started the scor
ing with a field goal by Holland, but
the Freshmen countered with a court
goal by Dill and the score zig-zagged
until Smithfield forged ahead for a
16 to 14 at the end of the first half.
Both quints went into the second
half primed for battle. The men
from the Hill brough their five-man
attack into play and mixing long and
short goals leaped into the lead.
With three minutes to play and
the score 28 to 24, the quints battled
furiously. Holland for Smithfield
caged a pretty one from mid-court
bringing the score up to 28-26. Dill
for Carolina countered for a court
goal. Skinner brought the score up
to 27 by a foul goal. A shot from mid
court by Holland went into the bas
ket, but bounced out just as the whis
tle ended the game.
Smithfield supporters took heart j
when Holland dropped in his long
one, but the whistle ended the game. I
! Holland was the individual star
for Smithleld, with six field goals to
his credit, while Dill for Carolina, was
the outstanding performer of the
game, caging eight field goals and
playing an exceptionally good game. !
Skinner for Smithfield did good work
at the free line, making 6 good out
of his seven chances.
Long shots from the court made '
necessary by the fine defensive work
of both teams was the feature of the
game.
SENTINEL BUILDING IS
DAMAGED BY FIRE
I Winston-Salem, Feb. 16.—Flames
detected shortly before 9 o’clock in
the paper store rooms of the Twin
City Sentinel here tonight caused
damages, estimated by H. R- Dwire,
. editor, and R. A. Shore, business
manager, to extend well into the
thousands, although no exact esti
mate could be made until the me
chanical equipment could be more
closely examined. ,
Recently a number of the Secre
tary’s friends also have been consult
ed by the president and they fully
understand the embarrassment that
might result in retaining Mr. Dcnby
in the cabinet while the oil annulment
suits are in progress.
Not only is he a party to the oil
leases having affixed his signature
along with Albert B. Fall, but he has
repeatedly defended his part in pro
ceedings and has declared publicly
since the present controversy arose
that he believed the contracts legal
and would be willing to pursue the
same course again.
It has been pointed out to the
Continued on page four)
SCHOOL CONTRACTS
TO BE LET FRIDAY
Glendale And Prince
ton To Build; Al
ready 14 Brick
Schools In County .
BENSON TO VOTE MARCH. 4
The time is not far distant when
Johnston County will have a com
modious brick school house for every
one of her seventeen townships. There
are already fourteen brick schools in
the county, and on Friday, Feb. 22,
the contracts will be let for two more
one at Princeton and one at Glen
dale. Bids will be opened here at
noon, and the bidding promises to be
lively, fourteen contractors having
called for plans in order to make es
timates.
The Glendale school which is near
Kenly, will have sixteen class rooms
besides a library and office. There
will also be recreation space in the
basement and an auditorium that will
seat between five and six hundred
persons.
Princeton’s building will contain
twenty class rooms besides library,
office and teacher’s rest room, and
will have the biggest school audi
torium in the county. The seating
capacty will be a thousand.
Both of these buildings will be
equipped with steam heat, water
works, and will have shower baths
in the basement.
Two other districts in the county
Clayton and Pine Level have recent
ly voted bonds, and Benson will make
a decision as to another building on
March 4. When these plans material
ize, it will bring the total of brick
school houses in the county to twen
ty.
i NEGRO COLLEGE TO
STUDY BOLL WEEVIL
Greensboro, Beb. 18.—Because of
the effect of the boll weevil upon the
negro farmers of cotton growing sec
tion, the agricultural workers of the
A. & T. College in this city have set
aside February 28 and 29 for a spe
cial program of study about the pest.
On these two days all the different
I classes at the College will make a
j special study of the life history and
destructive habits of the weevil. Me
! thods of poisoning the cotton to con
trol the weevil and modern machinery
for applying poison will be demon
strated. As now planned this special
meeting will be so arranged that
teachers in negro schools, negro lo
cal agents of the Agricultural Ex
tension Service and fifrmers will at
tend. The A. & T. College is now
forming special committees to worli
out a program for the two days.
Bad temper is poison to a nervous
: gystem.
REMOVE SECTION
SENATOR S SKULL
Senator Greene Shot In
Battle Between Al
leged Bootleggers
And Officers.
EXPECT CONGRESS AIRING
Washington, Feb. 16.—An opera
tion described as successful was per
formed late today upon Senator
Frank L. Greene of Vermont, who was
wounded in the head by a pistol bul
let last night during al battle between
alleged bootleggers and prohibition
agents and police almost within the
shadow of the Capitol.
Splinters of bone which were driv
en into his head by the stray bullet
were removed, about one and one-half
square inches of bone being taken
out. Afterward attending surgedns
said the Senator was “resting as com
fortably as possible” and that “the
prognosis is good, provided no com
plications set in.” The operation was
performed under a local anaethetic.
The reverberations from the inci
dent in the capital were almost as in
staneous and sharp as the battle it
self, the entire prohibition enforce
ment situation, which for months has
been the centre of criticism and con
troversy, being again projected into
the forefront of discussion, with indi
cations that the whole queston will
be aired in Congress.
President Takes Personal Interest
President 'Coolidge evidenced his
personal interest in the situation by
inquiring at the hospital concerning
Mr. Greene’s condition. At the same
time some White House officials in
quired of the police what action was
being taken against those responsi
ble and were informed that the cases
of three men held in connection with
the shooting were under considera
tion in the District Attorney’s office.
The police refrained from discuss
ing the affair, but intelligence offi
cers of the Treasury were ordered to
make a thorough investigation, while
Roy A Haynes, Prohibition Commis
sioner, declared the incident “ a very
unfortunate one.”
The three men taken into custody
were James Raymond Beavers of Sil
ver Hill, Md-, and Benjamin Ches
avoir of this city, who the police said
were believed to be bootleggers who
had figured in the shooting, and 0.;
E. Fisher, a prohibition agent, who
is charged by the police with firing
the shot which struck down Senator
Greene.
Beavers and Chesavoir, who were
apprehended by detectives after a
chase across the Potomac into the
Virginia hills, were released on $30,
000 bail each and Fisher was released
on $5,000 bond. The three are to ^ap
pear in court Monday.
Shooting Brings Up Dry Row
The prohibition situation in Wash
ington, for months a centre of criti
cism and controversy, culminated in
the shooting if Senator Greene last
night while he was walking with his
wife almost within the shadow of the
Capitol. As a result of the whole
muddle of conflicting opinions,
charges, explanations, denials and
counter charges that have character
ized efforts to enforce the prohibi
tion laws here is expected to be
thrashed out in Congress.
The incident was not the first in
which the lives of those on the streets
here have been endangered by pistol
battles with bootleggers. Mad chases
of that kind through the centre of the
city have been numerous. There have
Continued on page four)
TEACHERS’ MEETING
HELD HERE SATURDAY
A teachers meeting including sev
enth grade teachers and the Wilson’s
Mills Reading Circle Group was held
here Saturday, about one hundred
twenty-five teachers being in attend
ance. Miss Annie F- Nicholas of
Four Oaks, has charge of the Read
ing Circle work, while Miss Mary E.
Wells, assistant County superintend
ent, met with the seventh grade teach
ers.