Roby Wall Is Found
Guilty Manslaughter
Arrive A t Verdic
i From Defendant*!
Statement On Wit
ness Stand — Musi
Fay Widow of Onea
$500.00
The December term of the Su
perior court concluded a two weeks’
session here Wednesday at the
close of the trial of state vs. Roby
Wall, who stood charged on an
indictment of the murder of Rich
ard O’Neal on September JO, las:,
A large number of witnesses had
been summoned in this case and it
required a good part of Tuesday
and Wednesday to hear the evi
dence. The case did not reach the
jury as the attorneys in the case
under the direction of the court
agreed upon a verdict of man
slaughter, this being arrived at by
the defendant’s statement on the
witness stand. A settlement was
arrived at by which the defendant
is to pay the widow of O'Neal the
sum of $500 to be paid in consecu
tive monthly payments of $50. The
defendant was also taxed with the
•’ costs.
jit At the close of \yednesday’*
Tproceedings a number of defend
ants who had been convicted dur
ing the term had sentence passed
upon them by the court.
Johnnie Johnson* a ginger-col
01 ed negro, of many and sundry
alias names, was sent to the state
prison for a period of five years.
He was charged with concealing
stolen property and the jury found
him guilty.
John A. Capps of Boon Hill
township, was convicted of manu
facturing whiskey but owing* to ill
health a twelve months road sen
tence was changed to a two-year
>^suspended sentence upon the pay
tutftent of the cost.
Jiflandy Mi;Lamb, a white man of
JffTeaaow'Township, • was in court on
charges of violating the prohibi
tion law and carrying a concealed
weapon. He was given a 12-months
load sentence.
John Louis Honeycutt and W. B.
Wdggs, indicted for shooting the
sheriff’s posse during* April of
this year in Clayton township,
plead guilty of an assault with
deadly weapon with intent to kill,
and were each committed to the
state prison for a period of twelve
months.
Paul Adams, who figured in this
shooting match and who has been
in jail since April, made a clean
confession in his testimony on trial
and was committed to the county
roads for a period of twelve
months. He is to receive credit for
the time already spent in jail.
J. B. Faircloth, a white man of
Sampson county, was convicted of
an attempt to break from the con
fines of the county jail and was
discharged upon the payment of
the cost.
J. E. Lewis, Greek restaurant
manager, formerly of Smithfield,
submitted through his attorney, E.
J. Wellons, to the mercy of the
court on various charges of bad
checks, forgery, and prayer for
Turn to page three, please
--Merry Christmas
MEETING POSTPONED
The next regular meeting of the
Johnston County Highway Com
mission will be held on Monday,
January 9, instead of Monday, Jan
uary 2, on account of the holiday
season.
W. N. HOLT, Chairman,
C. P. HARPER, Secretary.
Tantalizer
There are exactly enough let
ters in the line below to spell
the name of a person in Smith- |
field, and if the right one de- !
ciphers his name and wilt pre- |
sent it to The Herald office, i
we will present him with a I
complimentary ticket to the i
Victory Theatre. Tickets must
♦ be called for before the fol
( lowing ispu«.
Junius Stephenson recogniz
ed his name last issue.
Tooayn Tantalizer:
, waidgotolnn
Fights Impeachment
mm I
Governor Henry S. Johnston, of!
Oklahoma, on whose order Nation- j
a! Guardsmen armed with rifles and:
pistols prevented members of the
Oklahoma legislature from meet
ing in the State Capitol to consid
er his impeachment.
Stores To Close
Here On Monday
Will Carry the Christmas
Spirit Over For Another
Day; List of Merehants
Closing
-*■——
The fine weather of the past j
few days has meant good business;
for the merchants here, and they
anticipate a continuance of good
business until midnight Saturday
night. Sunday is Christmas Day
and there will be the usual Sunday
observance of the day. To stop at
that, would hardly seem like
Christmas; so most of the mer-j
chants have decided to close their
places of business on Monday.;
Therefore the holiday spirit will!
be carried over for another day.
Those merchants who will have
their stores closed on Monday are:
Jordan-Edmundson, City Mar
ket (part time), John O. Jones j
Furniture Co., Shoe Hospital, R.
Lewis, National Home Pride, J. E. |
Gregory, Abdalla Dept. Store, W.
M. Sanders, Rose’s Five and Ten j
Cent Store, J. D. Spiers, A&P
Grocery, Huntley's, Hall’s Cash
Store, Crumper-Jones Furniture
Co.; Home Pride, Turnage & Tal
ton, Rahil’s* Department Store,
Chas. Davis, Sanitary BaPber
Shop, Jordan- Jewelry Store, Hud-!
son-Bclk, Pender’s, Farmers Bank
& Trust Co., First and Citizens:
National Bank, Sundry Shoppe, I
Acme Barber Shop, Peedin and
Peterson, American Dollar Stores
Co., Vara L. and Alma Smith Co.,
Smithfield Shoe Store, Stevens and
Ogburn.
I he City Market will be open
only a part of the day. N. B.
Grantham will be moving into his
new store which has just been j
completed.
-Merry Christmas
COMET TO APPEAR
CHRISTMAS WEEK
CAMBRIDGE, Mass., Dec. 19.— j
The brightest in the northern
hemisphere in the past 15 years
will appear in the early evening
western sky during* Christmas
week, Dr. Harlow Shapley, direc
tor of the Harvard observatory,
announced today. Clearly visible
to the naked eye, the comet on
Christmas day will be about 45 de-'
grees between the sun and the
North pole.
Today Dr. Shapley recei/ed word
from the astronomical clearing
house at Copenhagen that H.
Wood, a South African astrono
nuJ*, had computed the comet’s
orbit. This indicates that the com
et, now in the constellation Scor
pio, and south of the sun, is mov
ing rapidly northward and will be
in conjunction with the sun on
December “25. It has the very high
inclination of 72 degrees.
-Merry Christmas
Mrs. \V. B. Beasley was. call
ed to her homo at Fountain Inn, S.
| C., yesterday on account of the
serious illness of her father.
Mien Parker:
Arrested Again
-4- !
in Jail Without Bail On An;
Indictment of the Murder
of J. M. Royall; True Bill
Also Again Claude Barbour
-»■
Golden Parker, of Benson, who
vas arrested some time ago in
connection with the murder of J.
M. Royal of Banner township, but
■vho was released after giving a
$5,900 bond, has been re-arrested
md placed in jail without bond.
This action was taken after the
-trand jury here this week found
,i true bill on an indictment of
murder. Indicted with Parker was
Claude Barber. Barber has been
held in jail without bail since the
murder of J. M. Royal which oc
curred in the late hours of the
night of October 25, 1927.
The grand jury also returned a
true bill of murder against Joab
Baker for the killing of Malcolm
Denning on September 10, 1927. A
true bill of conspiracy with mur
derous intent was found against
Howard Baker, Jethro Baker, and
flienis Belle Baker, the conspiracy
reing- connected with the murder
)f Malcolm Denning.
-Merry Christmas
SPECIAL, LICENSES ARE
REQUIRED IN 3 COUNTIES I
xveports that several sportsmen !
lave been arrested on charges of {
nmting ducks and geese in some |
)f the eastern counties without the !
special licenses required by the |
counties for this typo of shooting j
las caused Director Wade H. Phil
ips of the Department of Conser
vation and Development to call my
ittention to the fact that state li
censes are not good for migratory
.vild fowl hunting in Currituck,
-)are and Hyde counties.
Director Phillips points out that
hese counties have special license i
aws in effect which require spec- 1
al permits for shooting* migratory !<
vild fowl, which were exempted i
Tom the operations of the state- J
vide game law. He has issued this j i
statement in order that some who i
ire not yet familiar with the law I
nay be spared possible embarrass- i
nent should they attempt to use i
»tate licenses for this type of hunt- j
ng in these counties. *
Recently, the attorney-general's
)ffiee has ruled that the exception £
>n migratory wild fowl from the!
date-wide law applies to all the i
;erritory in the counties with spec- t
al laws covering this type of t
?ame.
Two counties, Carteret and Ty- t
•ell, which have had authority to r
require special licenses for hunt-'(
ng migratory water fowls have;
vaived this right, leaving* a state!
icense good for all shooting in
hese counties. There are only three ]
counties, Currituck, Dare and (
[Iyde, which now require special!,
icenses for duck, geese and rant ^
ind other water fowl shooting. .
GUY A. NICOLL, •
uamc t-om. om jdistrict. {
-Merry Christmas
PUPILS TO GET I
HOOKS CHEAPER ,
Saving: estimated at $57,400 .
will accrue to purchasers of Lan- j
?uag'C and Health books for use in j
elementary schools of the state ai «
a result of new contracts made i
Saturday by the State Board of •
Education with publishers of these <
two series of books, State Super- ’
intendent Arch T. Allen announc- ’
ed.
Conrtacts were made on the two i
subjects changed this year only.],
Bids on the remainder of the list,
retained from lpst year, have been
opened, but contracts have not been
made. Some of these books are ex
pected to be contracted for at
cheaper prices than formerly, but
Supt. Allen said there was little
hope of reduction on subjects on
which cuts were maderlast year
as a result of a sweeping inquiry
by the board into prices when it
was learned that in some instances
Tennessee children were getting
books cheaper than North Caro
lina phpils. Where there was a
differential, prices were reduced.
The contracts let yesterday, for
a five-year period beginning June
1, 1928, were for the “Malden
Health Series,” published by the I
I). C. Heath Company, and “The
Open Door Language Series,” pub
lished' by D. C. Heath and Co.—!
And
We Celebrate
His Birth
The following epistle is said to have been taken by Napo
leon from the records of Rome when he deprived that cify
ol so many valuable manuscripts. It was written at the time
and on the spot where Jesus commenced his ministry, by
Publius Lentulus, Governor of Judea, to the senate of Rome,
Caesar, emperor. It was the custom in those days for the
governor to write home any event that transpired while he
held his office.
ONSCRIPT Fathers: In these days appeared
a man named Jesus Christ, who is yet living
among us, and of the Gentiles is accepted as
a prophet of great truth; but his own disciples call
him the son of God. He hath raised the dead and
cured all manner of diseases. He is a man of stature
somewhat tall and comely, with a ruddy counten- '
ance, such as the beholder may both love and fear. ’
His hair is the color of a filbert when fully ripe, '
plain to his ear, whence downward it is more of '
orient color, curling and waving on his shoulders; in '
the manner of the Nazarites. His forehead is plain '
and delicate; the face without spot or wrinkle, beau- '
tiful with a comely red; his nose and mouth are ex- '
actly formed; his beard is the color of his hair and '
thick, not of any length, but forked.
In reproving he is terrible; admonishing, courteous; .
in speaking, very modest and wise; in proportion of ,
body, well-shaped. None have seen him laugh, many ,
have seen him weep. A man for his surpassing <
beauty excelling the children of men. ,
Former Citizen
Dies In Virginia
-♦
R. A. Riddick Passes At Age
of 71; Funeral Yesterday
Afternoon at Ford, Va.
.♦
A telegram received here Wed
esday by Leon G. Stevens an
icunced the death of R. A. Rid
ick, who until last Sleptember
nade his home in this city. Mr.
tiddick passed away Wednesday
lorning and was buried yesterday
fternoon at Ford, Va.
The deceased came to Smithfield
bout thirty years ago. He was an
n sura nee agent and kept books fo”
everal firms here. He was quiet
nd unassuming1, and made a num
er of warm friends who sorro\
t his passing.
A few months ago his health
ailed, and in September he went
o Ford, Va., to live with his si3
er, Mrs. John Moss.
After going there he spent some
ime in a Richmond sanatorium,
'he deceased was about seventy
ne years of age.
-Merry Christmas
THERE IS A SANTA CLAUS
A kindergarten institution in
Evanston, 111., has been testing the
hildren on Santa Claus. All five
ear-olds questioned were firm in
he faith. The six-year-olds were
s fifteen to one. As the age per
t)d increased the number of Santa
'laus devotees decreased to the
vanishing point. God be praised
or the innocent faith of childhood.
U1 too soon it is dissipated by the
tern realities of life, its falseness,
ts deceit, its rcuelCy. Cruel indeed
s he who would disturb the faith
if the innocent little ones in Santa
^laus. That period is so short, so
erribly short, why try to tyring
hildren to the hard realities of life
>efore their time? So far from bo
ng harmed by these childhood ex
leniences they remain throughout
he years a pleasant memory.
Vmong* the greatest pleasures of
he Christmas season to the grown
lps, especially to the elderly, is the
•ecollection of th,e Christmases of
:hildhood. There may not have been
;o much to them as compared with
;his age, but who would lose the
ioy of the memory?
And after1 all there is a Santa
31aus. Every year the joly mar
vho radiates good cheer and hap
piness for children is more in ev
dence. Every year in Statesville
md in all other communities, en
larged effort is made to carr>
:heer to the homes of the unfor
iunates, to see that every child is
remembered at the Christmas sea
son. That is the spirit of Christ
mas, the expression of kindness, oi
[>f good-will. The little childrer
understand it best as it is typifiec
in Santa Claus. And so notwith
standing the sneers of the scorn
Take Appeal In Case
Wayne County Negro
J. J. Hatch Appointed to Rep
resent Newsome, Refuses
To Appeal But Partner Per
fects Appeal to Supreme
Court
-+
GOLDSBORO, Dec. 21.—When
J. J. Hatch, prosecuting attorney
in the trial of John W. Faison for
the alleged murder of Mrs. Elsie |
Holt Snipes, returned Wednesday
from Richmond he found on his
desk a letter from Edwin Bridges,
pardon commissioner, advising him
that it was the wish of Larry New
some, negro, who was convicted
several days ago in Wayne coun- j
ty superior court for the murder ‘
of Beulah Tedder, that his case bj
appealed to the Supreme -court.
In commenting upon this letter,
Mr. Hatch said: “I was appointed
by Judge Grady to defend this
darkey when he was tried in the
courts of this county, and in my
opinion he received a fair and im
partial trial, Judge Grady being
very fair in his decisions. Wihen
the jury returned their verdict I
washed my hands clean of the
whole affair, having accompleted
my duty. I think he deserved the
sentence imposed upon him and if
there is an appeal taken in his
case some other attorney will have
to do it for him.
“I think it would be a serious
mistake to ever try him again in >
Wayne county. The citizens of this
county have as much respect for
the laws of our state as anyone |
could have, but I do not think it ■
would be wise to ever return this
darkey to Wayne county and at
tempt to have another trial.”
M. B. Loftin, partner of Mr.
Hatch, is proceeding to perfect the
appeal.
-Merry Christmas
MAN IS ACQUITTED
OF CHICKEN MURDER
MORRISON, 111., Dec. 21.—Earl
Fee, of Rock Falls, today stands
acquitted of the chrage of killing
one chicken.
Some months ago, Fee’s automo
bile ran over and killed a chicken
belonging to Guy Ewers, a farmer
living near Morrison.
Ewers had Fee arrested. The
October grand jury indicted Fee
for the chicken’s slaughter.
The jury, after deliberating for
more than 12 hours, returned a
verdict of not guilty. And the
county is out $300 for the trial
costs.
To complicate matters, Mr. Ew
ers is still unpaid for the loss of
his fowl.—Associated Press.
ers and skeptics in this age of real
im, Santa Claus lives and lives for
ever to make glad the hearts of
j children at this blessed yuletidc
!season.—Statesville Landmark.
Hearing Clayton
Bankruptcy Case
Crowd From Johnston Coun
ty In Raleigh For Examina
tion of Chas. W. Horne
Who Asks a Discharge
RALEIGH, Dec. 21.—Three
hundred or more persons, the ma
jority of whom were from Johnston
county, were here Wednesday for
the examination of Charles W.
Horn'e, Clayton mechant, farmer
and financier, who was declared
bankrupt in late summer by Fed
eral Judge I. M. Meeklns after a
lengthy hearing- in local Federal
Mr. Horne who traded individu
ally as C. W. Horne and as Ashley
Horne and Sons, recently made ap
plication in local Federal court for
a discharge from bankruptcy. His
creditors, while not exactly oppos
ing the discharge from bankruptcy,.
requested that they be allowed to
examine the bankrupt before his1
discharge and the request was
granted.
Mr. Horne was on the stand for
nearly four hours Wednesday. He
described his various business
dealings in detail as questions con*
cerning same were asked him by
Mr. Paul D. Grady, of Smithfield,
who is representing one block of
Mr. Horne’s creditors. When ad
journment was taken for lunch at
1:15 Wednesday afternoon Mr.
Grady was about half through in
terrogating the bankrupt. Attorn
eys for other creditors contem
plated questioning Mr. Horne dur
ing the afternoon.
Mr. Grady’s questioning dealt
largely with what Mr. Horne did
with certain collateral. Did he ap
ply it on certain debts four months
before he was adjudicated bank
rupt, or did he apply the collateral
within four months of the time
the court decreed that he, Charles
W. Horne, was bankrupt ? This is
what the creditors would like to
For if Mr. Horne applied the
collateral on certain debts four
months or more before he was ad
judged bankrupt, the collateral can
not be applied to his assets which
will be used to satisfy other cred
itors. But, if he applied this col
lateral on certain debts within
four months of the time he was
adjudged bankrupt, the trustee can
compel its return and apply it to
the present assets.
The hearing may not be conclud
ed in all probability until after the
Christmas holidays, attorneys said.
Joseph B. Cheshire, Jr., referee ta
bankruptcy, however, is hoping to
conclude the hearing before the
end of the week.
•C. A. Gosney, of Raleigh, who
was appointed trustee for Mr.
Horne and for the Ashley Horne
&. Son Company, submitted his re
port to Referee Cheshire, who ap
proved it. The report shows what
Trustee Gosney lias done in dis
posing of properties belonging to
C. W. Horne and the Ashley Horne
& Son Company.
Mr. Gosney’s report showed that
the receipts from the Ashley Horne
& Son Company since he was ap
pointed trustees amounted to $327,
033.18, while the receipts from the
C. W. Horne estate totalled $37,
235.32. Mr. Gosney stated he had
not sold any of the Horne land
as yet and that he had disposed
of but few of the stocks belonging
to Mr. Horne.
Mrs. C. W. Horne, who endorsed
notes to the sum of $140,000 for
her husband and who held claims
aggregating $166,000 against his
estate, has offered to withdraw her
claims if the other endorsers will
release her from her endorsements '
and allow her to hold her dower
free of claims, Mr. Gosney said.
This question will be also settled
during the present hearing.
Since his adjudication, Mr.
Horne has continued on the cotton
market as a buyer for a big
Greensboro cotton concern. Deal
ing* cotton, it has been brought out
at various hearings, was what
proved the financial ruin of Mr.
Horne. Many of Mr. Horne’s cred
itors are reported to have said
that they favored his discharge
from bankruptcy, believing that he,
were he to be unfettereef, would
be able to work out his financial
salvation more quickly.
-Merry Christmas
Would Sell Ear
□
Miss Doris Clarke, 18 years old
of Rockford, 111., has offered to sc!
her left car for $2,500 to a Ncti
York society woman who adver
tised for an entire left ear to r*
place her own, lost in an autom*
bile accident.
Jurors Fail
To Agree In
Faison Case
Court Declares a Mistrial
When Jury Fails to Reach
Verdict; Faison Hopeful
-4
RICHMOND, Va„ Dec. 20.—The
trial of John W. Faison for th»
murder of Mrs. Elsie Holt Snipes
came to an end today when the
deadlocked jury informed Judge
Kirk Mathews that it was hope
lessly divided and unable to reach
a verdict, whereupon the court
withdrew a juror and declared a
mistrial.
Obviously disappointed over the
verdict, yet reiterating: his faith
that ultimately he will be given
his freedom, the former Sunday
school superintendent said 'the
matter of applying for bail is in
the hands of his attorneys. Ho said
he still hopes to spend Christmas!
at home with his wife and five
children.
The case goes over to January
4, when the January docket will J
be called by Judge Mathews and
a date set for a second trial.
In discharging the jury, Judge j
Mathews requested the twelve I
men not to disclose how /they j
voted.
Although the case went to the j
iury on Saturday night at 11:00;
o'clock, the jurymen actually de-1
liberated only nine hours and 35,
minutes.
JURY’S INQUIRY.
When the jury filed in at 10!
o’clock this morning, Juror A. |
Percy , Diggs asked the court to in-1
struct the jury clearly “if mere!
possibility should be construed as j
a reasonable doubt.” On Monday, i
Mr. Diggs had asked the court to;
define reasonable doubt. Judge
Mathews told the jury that a mere
possibility cannot be construed as
a reasonable doubt.
Mrs. Faison, who has stood loy
ally by her husband, conferred
with Faison privately after the
court announced its decision short
ly after one o’clock. “We are not
going to stop ng*hting, she told
newspapermen.
During the seven days’ trial the
defense has maintained that Mrs.
Snip 's shot herself with Faison’s
pistol when she realized that she
was losing his affections. The
State contended that Faison* who
was alone with the young music
teacher at the time of the shoot
ing, killed the woman through
jealousy.—Associated Press.
-Merry Christmas
A CARD OF THANKS
I wish to thank our neighbors
and friends for their kindness to
me during the illness and death
of my uncle, Lucian Tool; also dur
ing the sickness of my children.
W»e are especially grateful to the
doctor’s for their service.
MRS. CALL1E WILLIFORD. ,
-Merry Christmas—
It’s a wise worm that stays un
der cover and deprives the early
bird of his breakfast.
L xutx I KA rc
600 Officials Onl
Slayer's Trail
Hickman Is Seen In Store;
Left One of the Gold Notes
Received As Ransome from
Dead Girl’s Father
SEATTLE, Wash., Dec. 22.—A
hot trail believed to be that of
William Edward Hickman was fol
lowed by 600 Seattle officers today
after a youth resembling the sus
pected kidnapper and slayer of lit
tle Marian Parker left one of the
gold notes received as ransoin from
her father at a store here.
The search for the fiend who mu
tilated the little daughter of Perry
M. Parker, Los Angeles bank of
ficial, and dumped the torn bodv
almost at the feet of the distract
ed father after receiving $1,500,
switched from California to tha
state of Washington with electrical
suddenness last night when the ex
cited haberdasher showed the po
lice a $20 bill identified as one of
those which Parker had given the
kidnapper.
Seattle’s police force of G0d was
mobilized and set on the trail only
a few minutes after the suspected >
youth made a purchase at the ,
clothing store and slipped into the •
night.
Feverishly the police hunted, be
lieving that their quarry was head
ing for the Canadian line or a ship
bound for the Orient. The clue was
regarded as the hottest that has
been uncovered since the search
began. Police believe that if the
accused youth continues to leave
a trail of $20 bills he cannot evad;
capture. The kidnaper had 75 of
the bills, the numbers of which
have been broadcast.
The “Fox” entered a haberdash- /
ery in the heart of the downtown i
district — at 8:30 last night, pur
chased a pair of black gloves and
a suit of underwear, gave one of
the $20 bills in payment.
The proprietor, alone in the
store said he immediately recog
nized the stranger as the Los An
geles fugitive font newspaper
photographs.
xml* suspect, wno appeared tired
and worn put the gloves on while
the underwear was wrapped. Then
he pulled from a pocket a $20 gold
certificate, gave it to the- proprie
tor, who placed it in the cash regi
ster and made change. The youn^
man walked out.
The haberdasher immediately
took the bill from the register and
telephoned Captain WilHamkent.
chief of detectives.
“What are the serial num
bers,” he asked Captain Kent, “on
those $20 bills that were paid to
the Los Angeles kidnaper by tfv>
father of the girl he murdered?’’
Kent gave the numbers. A mo
ment of silence ensued.
“Well,” the haberdasher replied
excitedly, “Hickman has just left
my store.”
On the bill which the store pro
prietor received from his customer
was the number K-68016970.
The numbers of the bills given
Hickman by Parker were K-G8016
901 to K-68016975 inclusive.
Nearly a dozen persons were ar
rested before midnight but alj worn
released after questioning.—Asso
ciated Press.
HORRIBLE DEATH OF
LITTLE PARKER GIRL
LOS ANGELES, Dec. 18.—The
dismembered lgcs and arms of Hi
de Marian Parker were found to
day scattered in well-wrapped
Turn to page three, please
Aunt Roxie Opines
Ify Mr
MERRY CHRISTMAS!