North Carolina Newspapers

THE ENTERPRISE IS READ BY OVER 3,000 MARTIN COUNTY FAMILIES TWICE EACH WEEK THE ENTERPRISE THE ENTERPRISE IS READ B! OVER 3,000 MARTIN COUNT! FAMILIES TWICE EACH WEEK VOLUME LII—NUMBER 26 Williamston, Martin County, North Carolina, Thursday, March II, 1949 ESTABLISHED 1899 Arguments To The u Jury Big Feature In Murder Trial ] Session Held Tuesday I To Clear the Deck For ! Judge and Jury Not in many, many years has so ! much oratory and such stirring appeals for mercy been heard than | that advanced during the Coltrain j murder case in an all-day and a I two-hour session in the Martin County Superior Court on Tues- | day of this week. Starting that morning at 9:30, the three members of the defense counsel and the three members of , the prosecution addressed their appeals to the jury, the night ses sion ending just before 9:30 that evening. Attorney Clarence Griffin open ed that morning for the prosecu tion and made an able speech to the jury during one hour. Attor ney Edgar Gurganus, junior mem ber of defense counsel, followed, reviewing much of the evidence [ and pleading for a verdict of not guilty for the defendant. It was the young man’s first major ad dress to a jury and he held his own for gn hour and twenty-three minutes. Attorney Clay Carter of Wash ington followed for the private prosecution, ably presenting the State’s contention for a verdict of murder in the first degree. The attorney referred to the recently passed State law empowering a jury to recommend mercy in all capital cases. A dramatic climax was reached in his address when the attorney removed his coat and donned that of the mulder vic tim. He showed the apparent position of Roberson's arm when lie was shot down, offering indis putable facts discrediting the de fendant’s claim that Roberson was reaching into his pocket for a pis tol at the time he was shol down. He touched on several other cru cial points of evidence and closed at 1:25 o’clock, one hour and fif teen minutes after he started. Defense Attorney B. A. Critcn er followed with a one-hour-and fifty-minute address to the jury, and Attorney Albion Dunn, also of the defense, was next and he talked for forty-nine minu'es. The two lawyers appealipglv pleaded for mercy, never requesting a ver dict of not guilty. They fought with every weapon at their com mand in behalf of their client, de claring that some of the witnesses went into court with malice and vengeance in their hearts and try ing to discredit the more damag ing evidence offered against the defendant. Court recessed folowir.g Attor ney Dunn’s talk, and one of the largest crowds of the eight-day trial started gathering eail.y for Solicitor Fountain's closing argu ment to the jury at 7:30 o’clock that evening. The courtroom was packed, the little anti-room to the rear of the court auditorium and the haila;, back of the judges door were both crowded, the steps were lined and quite a few fried to catch a few of Fountain’s words from the outside. I k I | l Solicitor Fountain’s address, lasting one hour and thirty-five minute.s, climaxed the argument and uoiueifflWSB^Se^fnT^iiHic^'aL he pleaded the cause of justice. “The defense had pleaded for mercy,” he said. "I plead for meicy with justice. The defense lias pleaded for mercy. I plead for the same mercy for Tom Rob erson,” he said. The prosecutor, said to have made his best speech of his career, reviewed the major points offered in evidence during the three try ing days of intensive questioning. Refraining from attacking the character of any witness except that of the defendant and payin' high praise to the families of the defendant and deceased, Solicitor Fountain tore back at the insinua tions advanced by the defense, de claring that the tactics offered the defendant’s character in bold relief. Mr. Fountain, prefacing the act with the declaration that it was his duty to punish the guilty and to aid those not guilty, read the ering a jury to accompany a ver dict or murder m the rust uegue with a recommendation for mercy. Legal Whiskey Sales Continue Downward j CORN PLANTING j Martin County farmers have been busy these past few days planting; what is almost y certain to be the largest corn acreage ever recorded in the history of the country's agri culture. A few farmers re port their corn up and grow ing. The stage was set for an in crease in the acreage plant ed to several crops when a marked reduction in peanuts was ordered, following a siz able reduction in tobacco acreage a year ago. Court Term Nears Close Here Today j Tired out along with other court officials, Judge Chester D. Morris' I is making ready to close the re 1 gular term of the Martin County Superior Court here this after ! noon. The criminal docket will have 1 been cleared by early afternoon and the court has agreed to hear , a few divorce cases. All the civil 1 cases were continued earlier in ] the week. The trial of the case in which ! Joe Clark, Henderson Moore, j Grover Peel, David Leonard; James and Leaman James are charged with the theft of twelve ! bags of peanuts from D. D. and R. G. Coburn, was started yesterday afternoon, and the court resumed ! work on that cause this morning. All of the defendants except Lea man James pleaded not guilty. A divorce was granted Alice i Williford Wiggins in her case against Edward Wiggins, the plaintiff pointing out that they i were married in 11^117 and separat j ed in May, 1935. Badly Injured In Recent Accident Mr. Luther David Dupree of i Norfolk, Va., was seriously injur ■ ed Wednesday night when the ear he was driving overturned on Highway 04 near Everetts. Driving a ’37 Ford convertible toward Everetts from Roberson ville Wednesday night about 11 o’clock, Dupree fell aslfeep at the wheel at Collie Swamp near Ev [ eretts. The car ran off the road i and down the left hand shoulder | about 46 yards, crossed over to the ; right about 16 yards and over 1 turned, throwing Dupree out through the canvass top and into a ditch beside the road. The car I continued skidding across the highway, finally resting on its 1 side. Dupree was rushed, to Brown’s Hospital for treatment of a frac tured skull, severe lacerations on the top of the head, a 1 ken col I lar bone and split shou blade. | He was released Sunday b;» the lo : cal hospital and taken by ambu ' lance to a Norfolk Hospital. ..frivc.tHijs.ua* " yg.R-cdruetv '’SfF'1 mated the damages to the convert ible at approximately $150. Breaks Hr inf In Fall At liar llama Early Tuesday Slipping on a rug at her home j here on Church Street, Mrs. H. C. Benjamin, mother of Mrs. Jesse | Whitley, fell and broke her left wrist. She was treated in the lo ! cal hospital and is returning | shortly to her home. i REGISTRATION vJ So far very few new names have been added to the regis tration in preparation for the municipal primary to be held on April 11, Registrar John E. Pope said this morning. Five persons have registered since the books were opened on March 29, but the registrar is exgejjin^yrtick-up in busi I ness on Saturday cf this week, | , liiC liibi tuc books mill bu | open for registration before j the primary. Total of $4,719,895 Spent for Liquor^ ' Since July in 1935 Si,L-*s Last Quarter Smallest £x>r Any Similar Period Since the year of 19 !4 ! While holding to a not-at-all re-1 spcctable figure, legal liquor sales in Martin County's four stores continued to maintain a down ward trend last quarter, according to audit figures just recently re leased by the Alcoholic Beverages Control Board. Sales during the period amounted to $190,892.05 and were $26,011.25 less than those reported in the last three months of 1947 and $88,686.85 below the all-time peak of $279,578.90 chalked up by the four stores in the last quarter of 1946. The sales, however, are about four times what they were before the war. Profits last quarter tumbled to $41,864.45 from $49,944.28 in the last three months of 1947, but were more than three times great er than the net income for the si milar period just before the war. At the close of business last De cember 31, the four stores report jed $636,265.70 sales for the year i of 1948, the profits amounting to | $141,869.44 for the twelve months. I The ABC Board ended the quar j ter with $78,788.12 in assets, in I eluding $29,476.61 in cash, $48, |959.96 in inventories and $351.55 : in fixed assets. At the same time, the board owed accounts in the sum of $24,058.82, mainly to dis tillers in Kentucky, Pennsylvania and New York, $24,356.96 to the j county and towns, and had a re serve for law enforcement in the !sum of $18,372.34 and a surplus of | $12,000.00. The Board is gradually reduc ing its law enforcement reserve. At one time it was contributing 10 percent of the profits to that cause, but the; average allowance now is about 5 percent. Last quar ter $1,281.95 was contributed or set aside for law enforcement and $1,460.01 was spent for enforcing the liquor laws. The audit shows that $142,617.03 was the cost of the liquor, the i amount representing 74.71 percent I of the gross income reported for the quarter by the four stores. Di rect and administrative expenses amounted to $6,580.49, or 3.44 per cent of the gross income. The new income was figured at 21.94 of the gross income, a little bit having been gained by discounting bills. Profits for the quarter were di ivided as follows: Town of Wil I liamston, $2,770.40; Town of Rob lersonville, $1,245.63; Town of Oak City, $621.87; Town of Jamesville, i $233.48; Martin County, $19,485.58: ! State of North Carolina, $16, 225.54; and $1,281 95 for law en forcement. Profits reported by the individ ual stores for the fourth quarter in 1947 and the corresponding (Continued fiom Page Seven) ittmging Charge*’'" Made By Judge While breaking no longevity re Icord, the charge of Judge Chester i D. Morris to the jury in the Col train murder case was literally a ringing masterpiece. During the three hours and ten minutes he addressed the jury, the jurist cited the law, reviewed the evidence and offered a clear re capitulation of just about every thing. His review of the evidence went into every detail, making it appear that he had taken the evi dence in shorthand as it was re vealed during the trial. After clearly setting out the contentions of both sides, Judge Morris instructed the jury that it could return one of five verdicts: Murder in the first degree, Murder in the first degree with a recommendation for mercy (Life .imnrisonm.ent_in"tc;id of death, in the gas cf -.mber}. Manslaughter, or j Not guilty. Last Of Evidence In Murder Trial Submitted Monday j J Defense Finished at 3:05 And State Offered Ils Re buttal Before Recessing (The following items cf defense j testimony which were left out-of” Tuesday’s Enterprise because of lack of space shortage are in- | serted today for. the benefit of these who have been following the course of the trial through the columns of this paper.) Oscar Jones, the next witness,! said he was there with the survey- [ or four weeks ago, that somebody | pointed out that letter “B", that stumps were to the right of letter ' “B", that he could not call the i land an island, but there were sloughs on either side of it. The witness said the defendant’s re putation was good. On cross examination. Witness Jones said he had hunted with the defendant "no great deal”, and couldn't say he had ever heard his reputation discussed. Shown the Respass map of the land, the wit ness said he could not see it with out his “goggles,” and much was said about his being able to see. "Are you sure you were all right that day,” he was asked. The de fendant said he was certain, ex plaining that the liquor store had not opened that morning. He was asked to go there by defendant’s son, Jay, but did not know why he was asked. Asked about the defendant’s general reputation Witness Sam Godard said he knew in his own way, that it was good, that he was on the survey four weeks ago. Much of the evidence heard be fore was repeated, the defendant adding that the site “might one day have been an island,” that be saw water on the millpond side, , that there was a slough to side and j back of it, but no water was in the slough. On cross' examination, the witness .said he did not think | Dresbach may "favored” the Res j pass map. He said one might de-1 termine the site an island, but he saw no water around it. Lawrence Goltrain, another son of the defendant, covered much of j the same evidence previously of fered about trapping, trees, stumps, sloughs and so forth. When his father came out of the woods to surrender, the witness told that the defendant said he was getting along pretty good, that he (Coltrain) was sorry it all happened, that Tom started to pull a pistol and “I had to shoot him,” the defendant was quoted by the witness as saying. He told about making arrangements for the sur render, how Spencer contacted his father. He also said that his fath er made the same statement when with the family in the room after the surrender that he had made in the woods, that he, the witness, j heard a similar statement several times while his.father was in jail. He said that his father had trap ped otters 15 years ago, (hat his I father had killed one, arid tiiul hi. ! btothers caught one in a fish net ' and three in a stump, adding that otters were hard to catch. The young man said he first got in j touch with his father that Wed , nesday night in the garden, that, tie Was allaui to tell ar.vbody be cause they might harm him. He said two officers ate supper there, j that a gang of men were out fluid, that he did not know them all, that all he knew were his father’s friends, that his father (Continued on page eight) THE RECORD SPEAKS . . . Figures in tne accident re I cord continue to climb fairly rapidly, but for the most part are slightly below those of the corresponding period in 1948. The following tabulations offer a comparison of the ac cident trend: first, by corres ponding weeks in this year and last and for each year to the present time. 12th Week Accidents Inj'd Killed Dam’ge ,v*ia •>. ~ ? o * ttw i 1948 1 0 17 j Cuuipaiisuw> To Date 1349 27 18 1 $ 5,80(1 1948 31 13 1 6,030 jury Makes Mercy Recommendaion In Finding j. II. Coltrain Guilty of Murder In First Degree In Superior Court Here Coltraiu Murder Case Established New Court Record Sni«? To He Longest Murder I'rial In History Of Cfturts Of County Said to ho the longest murder trial ever held in this county, the Coltrain case set any number of records. Opened on Tuesday, March 22, at 2:30 o’clock in the afternoon, the trial was closed, temporarily at least, eight days later at 4:00 o'clock in the afternoon, March 30. A 200-member venire was call ed Tuesday within the county, and two were accepted for jury duty, one white and one colored man but the two jurors were with drawn. The venire was discharg ed the following morning, and 100 veniremen were called from llert ford County for the following morning. All day Thursday was spent selecting a 13-man jury. All of Friday was devoted to hearing evidence offered by the State, the defense taking over Sat urday morning and holding the stage until 3:05 Monday afternoon when the State took over with its rebuttal, finishing late in the aft ernoon. Defense counsel and the prose cution argued to the jury from 0:30 o’clcok Tuesday morning un til 0:05 o’clock that evening with short recesses in between. Judge Chester D. Morris, pre siding, charged the jury from 0:30 Wednesday morning until 12:40 in the afternoon. The jury deliberated one hour and ten minutes. It was the first time that a ver dict of murder in the first degree had been returned in this county accompanied with a recommenda tion for mercy as provided by a newly-passed State law. No accurate estimate has beer advanced, but the cost is expected to approximate or set a new re i cord. wliiic the maintained attend- i ance may have set no new record, it certainly equalled any ever re corded over such a long period of time. And no term of court has ever been run more smoothly, and, from all outward appearances, more fairly than the one ended yesterday under the direction of Judge Chester Morris, The defense fought vigorously for its cause while Solicitor George Fountain held the prose e tion on a high plane. While s t ay not agree with the ver Cct in i entirety, no one, as far is it c aid be learned wanted to ;ee the death sentence ordered. H ver, it was reliably reported that the jury discussed only tvro issues, murder ir. the first degree without mercy and n.urder in the first degree with mercy._ called, fifty by the State and thir ty-six by the defense, many in both groups having been called to testify as to the character of the defendants and principal witness es for the State. Three Cases In Justice’s Court ■—'<$> The Coltrain murder ease thi.s week just about crowded out ac tivities on other court fronts here. Justice R. T. Johnson reporting only three cases in his court and Justice J. L. Hassell reporting none in his. Justice Johnson sentenced Lilly Berry to jail for thirty days for public drunkenness. The jail term was suspended upon the pay ment of $6.85 costs. Charged with larceny and an assault, Lonnie Gilliam was bound O'^yy to the cre.intv .v-.; '. bond in the nv. o, $50 T.nnmc Bryant, ehaigcd with simple assault, was fined $115 and taxed with $7.85 costs. Town’s Political Pot Set To Boiling/By Candidates The town's political pot, sim mering these pa .t few day;., was set to boiling^ yesterday when contests for ^-five commissioner t seats and t^fe mayor's place de-1 [ veloped. Reports, yet unconfirrn point to more candidacies he ed, fore time for filing closes tomor row at 6:00 o’clock p. m. Com missioner N. C. Green last evening i had nd't filed his candidacy and : released no official announcement, I I according to a report from the clerk's office. i The first ripple on the political I waters was reported a few weeks ago when Ben D. Courtney, K. D. Worrell and John H. Gurganus an nounced their candidacies to sue eeed thetrselves as members of the town's board of eommission ors, and Mayor Robert H. Cotvcn announced for renomination. Yesterday, contests tor board and mayor’s positions developed when Leman Barnhill and C. II. Godwin, Sr., announced for com missioners, Roy Ward having an nounced for commissioner last Saturday. W. Iverson Skinner fil ed for mayor yesterday, the an nouneed candidacies of the six men for commissioners and the two for mayor making certain all places in the town s governmental system will be filled by the elec torate and that the primary on Monday, April 11, will not go by unnoticed. Niekens Talks To Parents - Teachers T I The Rev. Paul 15. Nickens, Bap-! tist minister from Plymouth, de livered a timely message to a small attendance at the PTA' meeting last Tuesday night at the grammar grade school auditorium at 11 o'clock. Rev. Nickens challenged his hearers to work harder as parents and teachers to develop the “full I grown man.” He stressed the im 1 parlance of heredity, the environ ment of the home, the influence of the school room and the role of the church, as factors in the de velopment of the full grown man. lie concluded his remarks by saying that a child must be in creased, as Jesus was, in “wisdom, m statue, in favor with God, and in favor with man; the finished product will be developed mental ly, physically, socially and spirit ually. Prior to his remarks, Mrs. Joel Muse, presiding in the absence of President V. J. Spivey, called the j meeting to order and led the group in the Lord’s Prayer. Fol lowing this, the Junior Glee Club, under the direction of Mrs. Beech er Patterson sang two numbers including, "Oft in the Stilly Night” and “Ho, Mr. Piper.” They were i accompanied at the piano by Lily ! Bet Muse. During the business session Mrs. Shag Abernethy’s 5th grade won j the attendance prize. Also, the following nominating committee for the ’49-’50 P-TA officers was I appointed: Mrs. D. R. Davis, I chairman. Mrs. Marvin Britton j and Mrs. Jessup Hamsun. lailhful Attvndunt MiwH Day In Court J. D. Wynne, “mayor” of Rear j Grass and a faithful attendant ‘"Upon1 lTu sessions'W1 the Marlm j County courts was unable to hear | the proceedings or assist Clerk of j. Court l, B Wynne. After holding close to his seat in the courtroom for days, Mr. Wynne did not show up Monday. It was reported that Mrs. Wynne called for him late Saturday, car ried him home and his his clothes, making his miss out on the Mon day session. He was back as an observer Tuesday, another report stating that Mrs. Wynne was ac companying him. Retnriis From Hospital After I.off /tinpotation Mi. Claudius Roberson return od to his home in West End yes terday afternoon from Duke Hos pital, Durham, where he had his right and last leg amputated above the knee on Tuesday of last week. Me stood the trip home very well and is getting along fine consider ing 'C- orrh h;- i I Mr. Roberson, accompanied home ! Mrs. Roberson and other nienv 1 her: of the family, had his left leg j amputated several years ago. MEETING v. Stockholders of the Martin County Athletic Association will hold their annual meet ing in the courthouse here next Monday evening at 7:150 o’clock, it was announced yes terday by President LeRoy Everett of Hamilton. The meeting is scheduled to elect officers, hear a financial report and discuss plans of operation for the coming year and any other business that might be placed before the group. Home In Country Burned Tuesday Believed to have started when an oil stove went out of control, I file destroyed the old J. Rome Corey homeplace in the Farm Life section of Griffins Township early last Tuesday night, and threaten ed near-by homes and out-build ings, Neighbors were able to keep the fire from spreading, and Williamston's fire department sent a truck there but the home had about burned down when the equipment reached there and little assistance could be rendered Occupying the home, Mr. and Mrs. Bruce Coltrain were not at home at the time, and the fire had gained considerable headwayl before a passerby discovered it and sounded an alarm. Hundreds1 reached there quickly, quite a few attending the Coltrain trial here j quitting the courthouse upon learning about the fire to hurry 1 back to the community. Only a few articles could be' saved from the home, the neigh bors removing a washing machine, refrigerator and a few other I pieces from the kitchen. Mr. Coltrain was quoted as say ing that he lighted the oil stove; • that irorning ^nis^Jiofore leaving home to go to his ivork. it could not b; learned if insur lance was carried on the structure,! land no estimate on the loss could! j be had, but some guessed the pro-: j perty was worth eight or ten [ j thousand dollars. Brother 01 Local Resident Passes Carl L. Grantham, brother of Mrs. J B. Beil, died at his home! ! in Goldsboro Tuesday night at j 10:15. Gravely ill for more than j three months, Mr. Grantham was treated in a Durham hospital for several days in the early stages of his illness. Mr. Grantham was 4ti years old and regarded as one ot Wayne County's most prominent and prosperous farmers. In addition to his mother, Mrs. Hirham Gran tham, and his sister, Mrs. Bell, he i« °\ivv\ved by his widow and sev eral brothers and slsn • , Funeral services were conduct ed from the home in Goldsboro this afternoon at 2.30. Defendant Gives Notice Of Appeal To Supreme Court (iollrain To Rt'iunin In The' / (ion n(y jail IVudiiiiS OnU'oinr Of Vp|Hal John R. Cultra in, Martin Coun ty farmer, was sentenced yester day afternoon by Judge Chester D. Morris in the Martin County Superior Court to the State peni tentiary "for the remainder of his natural life" for the murder of W Thomas Roberson, neigh bor-farmer, in Griffins Town ship on last January 26. The de fendant, standing erect, showed little or no sign of emotion when the jury, brought here from Hert ford County, returned its verdict and Judge Morris pronounced sentence. After nine long days spent in trying the case, the jury took the. issues at 12:40 Wednesday after noon and deliberated fifteen min utes before the court recessed fot lunch. Resuming their deliber ations at 2:39 o’clock, the jury men at 3:25 o'clock returned thei: verdict, finding the defendant guilty of murder in the first de gree. The verdict was accompan ied by a recommendation ft : mercy, meaning the court, under a State law passed on the 11th of this month by the North Carolina General Assembly, could invoke a sentence calling only for life irn j prisonment anti not death in the gas chamber. Having received the verdict, Judge Morris addressed the jury, as follows: “ . . . Gentlemen of the jury, as providing judge at this term of superior court, I wish to express to you my thanks for your dili gent service. I do not think that I have ever seen a jury that has been more attentive to the evi dence, to argument and to the charge in a ease. I regret that it was necessary to pull you away from your homes, your families and your labors. I do not see how your verdict, unde' the evi dence, could have been otherwise. You may in- discharged with my personal and official thanks.” Judge Morris then instructed the jurymen to report to the clerk of court for their pay, expressing 'the wish that their pay could be greater. One could have heard a pin drop m the courtroom when the mry returned its verdict. The large number of spectators, crowding tin- old courtroom to its I capacity, did not stir from their | seats during the few minutes Judge Morris dictated the judg , meat and Court Reporter Worth typed it. The silence was maintained by the spectators while Judge Morris i read the judgment, as follow s: "North Carolina, Martin County, Term, 1940, : "State of North Caiolina against John. R. Cultrain, ! Sentence to Lift Imprisonment: i ‘The prisoner at the bar of the j court, John R. Coltrain, having j been tried upon a bill of indict | nient charging murder in the first j degree, and a jury chosen, sworn 1 and impaneled, to pass between | him and the State touching his guilt or innocence of the crime of I which he stood charged, having ! upon said charge returned as a , gainst him a verdict of guilty of \ murder in the first degree with l the recommendation that he be sentenced to life imprisonment, "Now, therefore, in compliance with the law, the judgment of the court pronounced upon John R. Coltrain, Is, that he be and he is hereby sentenced to be taken by C’. H. Roebuck, high sheriff of Martin County, North Carolina, and by him delivered into the custody of the Warden of the ; penitentiary i f the State rf North lCai ,-lina in th“ Cbv of Halcirh. | North Carolina, to be there de i Continued on Page Five)