THE BREVARD
VOLUME XXXVI
BREVARD, NORTH CAROLINA, AUGUST 6, 1931
Number 31
?i New Banking Institution to Be Opened In Brevard Within Next Few Days
CAPITAL OF $25,000
AND $5000 SURPLUS
ALREADY ARRANGED
Pickelsimer, J. S. Silver
steen, W. W. Croushorn
and Others Interested
NEED OF BANK~HERE I ?LT
IN EVERY WALK OF LIFE
People Express Gratitude to
Leaders for Announcement
? 8 Months Without Bank
Announcement has been made that
Brevard will soon have a bank in op
eration here, the capital stock of
?25,000 and surplus of $5,000 having
been fully subscribed. Early in the
week announcement was made that
plans called for opening of the new
institution next Monday morning and
those interested in the proposition
are working hard toward that end.
J. H. Pickelsimer, one of the
county's outstanding men, and J. S.
Silversteen, head of the tanneries in
the counties, W. W. Croushorn, of the
Carr Lumber company, H. A. Plum
met, merchant and county commrs
sioner, Frank D. Clement, jeweler
and member of the board of alder
men. C. R. McNeely, merchant and
lumberman, and many other citizens
are interested in the new bank.
Brevard has been without banking
facilities since December 15, last,
when the Brevard bank closed its
doors during the general crash that
was nation-wide. All citizens are
agreed that a banking institution is
absolutely necessary to the progress
of the community, and announcement
that men in position to assist and
make possible the establishment of a
bank here have agreed to take the
lead in the work will come as wel
come news to the whole citizenship of
the county.
BI0L0GYCAMPAT
CEDAR MOUNTAIN
Among the many important activi
ties in the mountains of Transyl
vania county, one of the most import
ant and far-reaching is that of the
Furman University Biology camp, at
Burgiss Glen, near Cedar Mountain.
It is now in its second term of the
summer course, which began on July
20 and will end August 22.
The work done is under the di
rection of Dr. S. A. Ives, head of the
biology department of Furman Uni
versity , and is of standard <?. >llege
grade. Each course is fully accredited
arid yields six semester hours. It is
possible, however, to take a short
course of two weeks in either botany,
or zoology and secure a credit of two
semester hours.
The total attendance for the first
two weeks of this present term, in
cluding students, faculty and board
ers, has been 41. There are two stu
dents from North Carolina. For two
years before his death, Prof. A. C.
Moore, head of the biology department
of the University of South Carolina,
was the professor of botany at this
biology camp. Although most of the
students are from South Carolina, yet
there are representatives from North
Carolina, Georgia, New Jersey, Flori
da and Alabama.
Since work was completed on the
Caesar's Head highway the students
and faculty members find it conveni
ent and easy to visit Brevard, hence
the very appreciable amount of shop
ping done in this town by members of
the biology camp. The citizens of the
town are making acquaintance of
tf^se new friends, and plans are be
worked out for closer relationship
bJr'Aeen the camp and Srevard.
iTRIAL OF FORMER
! COUNTY OFFICIALS
| AND BANKERS IS ON
Charges of Conspiracy and
, Misapplication of County
funds Being Heard
MEN LONG PROMINENT
| IN COMMUNITY AFFAIRS
Indictment Based Upon Sale of
County Note for $100,000
Last September
( Trial of Thos H. Shipman, former
! president of the Brevard Banking
I company, Jos. S. Silversteen, vice
president, and J. H. Pickplsimer, C.
K. McNeely, A. M. White, S. R. Ow
en and W. L. Talley, former commis
sioners, and Ralph It. Fisher, former
I count v attorney, got under way at 11
! o'clock Wednesday morning in Su
i potior court. Judge H. Hoyle Sink
lis presiding over the court, and the
; state is represented by J. Will Pless, i
j Jr.. solicitor, assisted by Felix Alley
? of Waynesville, C. V. Taylor of Ral- 1
jeigh, and Pat Kimzey of Brevard,
j Shipman is represented by J. Bat
Smathers of Ashcville and Jake F.
Newell of Charlotte. Silversteen is1
I represented by W. E. Breesc and T. ?
I C. Galloway of Brevard. The Com- 1
! missioners and Fisher are represent
ed by Lewis P. Hamlin, Brevard, G. i
' Lyle Jones, Ashcville, R. B. Over- :
i ton, Canton, F. D. Hamrick, Ruth-'
erfordtoh. 1). L. English and A. F. |
Michell, Brevard. i
JlcKinley Edwards of Bryson City,
i arrived Wednesday to join counscl
i for Fisher and the commissioners.
Newton Moody of Murphy, joined
counsel for Silversteen Wednesday.
? The eight men were indicted at
the April term of court, the bill
I containing two counts ? conspiracy
to misapply county funds and mis
I applicaton of funds. The indictment
is based upon the sale of a county
1 note in the sum of 8100,000 last
I September. The state charges sale
of ncte was made and proceeds de
posited in the bank, when the county
had $(100,000 on deposit; that the
i note was issued and the money
I deposited in the bank to the help of
'the bank and to the hurt of the
county.
; Friends of the commissioners stat
: cd when indictments were returned
that the sale of the 8100, 000 note
! which was in anticipation of the col
lection of 1930 taxes, was necessary,
, legal, and ordinary procedure ot
ounty officials. It is further said
said that the money so realized was
for the purpose of paying expenses
of .schools, roads, and other county
expenses'; that the money was so
paid out, before the former board
went out of office and before tne
bank closed.
i At 5:30 o'clock the final juror hail
i been selected, and in the group there
are seven farmers, two barbers, one
I clerk, one mechanic, one laundrymar j
and one merchant. Names of the
'jury, including the 13th juror, iol- 1
| lows: !
T. C. Bedford, M. C. Sprinkle, J. T.
Vance, W. R. Medford, Charlie Mc
Ora rv. W. W. Hyatt, W. V. Jvester,
T. VV. Cathey, J. W. Pless, Henry
Allen, Frank Medford and J. C.
Camp. The thirteenth juror is 11.
i VV. Burnett.
Taking of evidence in the case will
start at 10 o'clock Thursday morn
|ing. , . , .
! The next case to be tried is one
against the former board of county
'commissioners, charging the officials
.with failure to obtain sufficient se
jcurity for county deposits in the,
bank. This case will be called up6n
conclusion of the case involving con
spiracy now being heard.
After that case is disposed of,
Thos. H. Shipman will be tried on
the charge of an alleged shortage of
$21,000 in his account with the bank.
Solicitor J. W. Pless Sets Forth His
Reasons for Asking Outside Jury
because of the prominence of the
men involved, and the large following
, each has among the citizens of the
? county given as reasons for the re
quest, J. Will Pless, solicitor, made
motion to Judge Sink in Superior
court Monday morning to have a jury
brought from another county for the
trial of the former bank officials and
the former board of county commis
missioners and the former county at
torney. The group is indicted for
conspiracy in connection with the sale
of a note of $100,000 of the county
last September. Defendants had re
peatedly stated that they wanted to
be tried by a jury of their fellow cit
izens in Transylvania county, but the
solicitor, for reasons set forth in the
^.following motion and affidavit, was
W granted request for a jury from an
other county.
Judge Sink ordered a venire of 125
^ citizens of Haywood county sum
moned, to be in Brevard at 10
o'clock Wednesday morning. Follow
ing is a copy of the motion and affi
davit : JV
| "J. Will Pless, Jr., first being duly
sworn, and respectfully moving the
Court, says:
'?That he is Solicitor of the 18th
Judicial District, and that in that
capacity, has received information as
to the opinion of the general public
of Transylvania County in connection
: with the above entitled cause upon
| which to base this motion for a venire
'to be brought from another County
for the trial of this cause;
"That the defendants include the
. leaders of both the political parties in
.Transylvania County, all of whom
| have occupied positions of prominence
; and have been for many years engag
| ed in the business, social and political
life of .the County;
"That the defendant, T. H. Ship
man, served as President of the Bre
vard Banking Company for many
years, and in this capacity, came in
to personal and intimate contact with
a large percentage of the qualified
I jurors of the County, and has prob
(Colinued on page four)
HON JAKE F. NEWELL TO SPEAK
SUNDAY NIGHT AT M. E. CHURCH
HON. JAKE F. NEWELL ?
SEEK INJUNCTION 1N I
NEW WATER RATE
ADOPTED BY TOWN
Judge D. L. English Obtains <
Temporary Restraining
Order from Court
CASE TO BE HEARD NEXT 1
SATURDAY BY JUDGE SINK
Alleged New Rate Violates 1
Contract Made Between
Town and Citizens
I). L. English, attorney, is. loading
a fight to obtain a permanent injunc- M
tion against Mayor Ramsey and the|'
board of Aldermen in the matter of t
collecting the recently increased water -
rates. A temporary restrainment or- \
der was obtained in the chambers of ! i
Judge Stack's court in Asheville last i
Saturday, and u hearing will be heldjv
this coming Saturday before Judge <
Sink on the question of making the ; 1
order permanent. i'
The following citizens are users of t
water in the town of Brevard consti-|-a
tute the plaintiffs in the case: Lem
Brooks, Dr. E. S. English, W. R. If
Kimzey, W. L. Mull, M. I!. Bagwell. 't
J. B. Pickelsimer, W. M. Lyday, M. ' i
W. Galloway, .1. W. Smith, and Miss t
Emma Bagwell. ' I
Plaintiffs allege that tne town of!
Brevard entered into an agreement (
with the citizens of Brevard in 1904. \
the effect of which was that the citi- 1
zens should vote $25,0(10 in bonds for.)
the purchase of the Brevard water | ]
system from the private concern then j ]
owning it, and certain rates were es- : <
tablished as maximum rates to be 1
charged the citizens of Brevard fo> \ r
use of water from the water system. \
This schedule of charges, the com- s
plaint sets forth, was observed until
a few weeks ago, when the rates were (
materially increased. This increase is
unlawful, the plaintiffs allege, and
ask that the officials be enjoined
from forcing these alleged unlawful i
rates. It is reported that petitions are j<
being circulated and signed hv citi
jzens, pledging to Judge English the ;
full support of the citizens signing
the petition in his efforts to obtain
the permanent restraining order. i
"Following sections are copied from
the complaint sgned by W. L. Mull 1
and served upon the town officials, 1
which sets forth the contents of the ?
citizens seeking the injunction:
3 ? That at a regular meeting of
the said Mayor and Board of Alder
men of the town of Brevard, in April
1904, the citizens and residents of
i 1
( Continued on ixtge seven )
DOUBLING CAPACITY
SILVER FOX RANCH
Capacity at the Blue Ridge Silver
Fox ranch has been doubled, and an
other shipment of 75 animals is to
be shipped to the Cherryfield ranch
at an early date. Mr. Homer E. Whit
mire, a native Transylvania county
boy, but for the past several years
connected with the Purina Mills at
St. Louis, is head of the enterprise
and located the ranch on his father's
farm at Cherryfield. Mr. Whitmire
and one of his associates, Dr. H. M.
Denby, have returned to St. Louis
after spending several days here.
Citizens who have visited the ranch
predict a great future for the bus
iness. As an illustration of the value
of the foxes grown on the ranch at
Cherryfield, one of the number died
in the spring, and the men in charge
of the ranch stretched and treated
the pelt, and sold it for $150. This
' pelt is being displayed by the Purina
Mills as sample of the perfect pelts
from animals grown on the ranch at
Cherryfield.
| The Hon. Jake F. Newell, Char
ilotte attorney and ardent church and
Sunday School worker, will speak at
the Brevard Methodist church next
Sunday night at 8 o'clock, delivering
his famous lecture on Palestine and
the Holy Land. Mr. Newell spent
'many weeks traveling the highways
lof historic fame made sacred because
l.lesus journeyed over these routes two,
1 1 thousand years ago.
I Mr. Newell has given this lecture]
in a number of the larger cities of j
the Carolinas, and Brevard is fortun-j
ate in having an opportunity of hear- j
ing him. j
The lecture is freely given, and all !
people of the community are cord
ially invited to attend the services
and hear this lecture so vividly and
eloquently delivered.
Rev. J. H. West, pastor of the
Methodist church, and Mr. Newell
have been friends for many years,
and Mr. West urges boarding house
keepers and people having visitors to
invite such guests to attend the lec
ture Sunday night.
SCHOOLS WILL OPEN
MONDAY, AUG. 31
IS FINAL DECISION
1
Changed from First Monday In
September to Make Com- j
plete Term Possible
BUSH RE-ELECTED AS
HEAD OF ROSMAN HIGH
Delegations Appear to Protest
Against Consolidations
of Three Schools
Transylvania county's school boarri
vas in executive session most of the
lay Monday, making final prepara
ions for opening of the schools on
ilonilay, August 31. This new datf;
vas decided upon at Monday's mc-et
ng, and by moving the opening date
:p one; week from original date set
vhich was September 6, it is pointed
iut that four full months can be put
n before Christmas. The new date,
ind it is said this is the last change
hat will be made, is to open the
ehools on Monday, August 31.
The budget has not been completed
or the coming year, due to the fact
hat the local board has not as yet
?eceived the salary schedule for
eachers, and cannot complete the
judget until that is received.
Engagement of teachers for tlu j
?ntire county is not complete, it wa;
?eportcd by Superintendent Joms. j
?rof. G. C. Bush has been re-elected
lead of the Rosman Iligh school, and
Robert Kimzey was named by the
Rosman committee as principal of the
elementary school. Prof. Moore had
>een re-elected, but announced ssv
>ral days ago that he had accepted
York in another school and could not
serve, so Mr. Kimzey was named.
Aston Heath was named as mc
:hanic. Erwin Galloway was elected
as repair man for all buildings in the
lower end of the county, and L. C.
Case, Jr., was named for the upper
;nd of the county. Bus drivers were
[engaged for all the school buses.
Mrs. Ruth Whitmire was re-elected
is office assistant for a period of two
years, beginning July first.
Delegations from Selica, Calvert
and Oakland appeared before the
board, protesting the conso'idation of
these schools. It was presented to
the board that such consolidation
worked tremendous hardships upon
the smaller children of these com
munities. The board promised to
take the matter up with the authori
( Continued oil page four)
CAMERA COMPLEX
PROMPTING THIEF
Some camera-minded thieves, with
a picture complex, have been operat
ing in Brevard, it is reported by those
who have lost camei-as through the
pilfering of the focus-loving, snap
shot artists. Pete Pithoud, well known
here as having charge of construc
tion of the power line through the'
county two years ago, is minus a
camera, which was stolen from his
automobile while parked in front of
the old Whitmire Motor Sales place
last Friday evening. Mr. and Mrs.
Pithoud were attending the dance
given at that place by Mrs Crous
horn, and it was while they were
dancing that the picture-taking fiend
swiped the camera.
At about the same time, it is re
ported, another robbery took place,
and another camera was taken. Mr.
Ernest Jansen was attending the
bridge party at the Joines Motor Co.
place, and left his car parked in the
street nearby, and an excellent cam
era was therein, and later stolen. It
is believed that the same lens-eyed
thief appropriated both cameras.
NOL PROS TAKEN IN !
CASE AGAINST THE |
SHERIFF OF COUNTY!
T. E. Patton, Jr., Set Free on
Tuesday by Action of So
liictor J. Will Pless, Jr.
COULD NOT PROCEED
UNDER ORIGINAL BILL.
Has Been Active In Public Af
fairs Here for Number
of Years
Nol pros was taken in Superior i
court Tuesday afternoon in the case '
pending against T. E. Patton, Jr., i
sheriff and tax collector of Transyl- '
vania county, who was to have been
tried at this term of Superior court ]
on charges alleging that Sheriff Pat- !
ton obtained money from the Brevard '
Banking company through forgery of :
certain bills of lading. Solicitor Pless j
mace announcement of this dsposal of 1
the case by explaining to the court ;
that the state had found that it could j
not proceed against Mr. Patton on the )
bill of indictment returned against;
the sheriff at the April term of court; I
that he had prepared and was intend- [
in; to present to the present grand I
against Mr. Patton when he discover-'
ed that the jury serving at this term J
of court had been ii regularly drawn,;
therefore he could not proceed for the |
siate under this proposed new bill, j
Hence the request for a nol pros in i
the case.
Shi Tf Patton has long been in :
public life in Transylvania county,
having served several times as: coun
ty treasurer and is now serving his
trecond term as sheriff and tax col
lector. His popularity in the county i:; '
attested by the fact that he has never |
suffered defeat at the polls, either in
primary or general election, since en- !
tering public life. He was a member '
of the Patton-Pickett Tie and Timber !
company for a number of years, and ;
the charges preferred against him iji i
the indictment returned bj^ the grand ;
jury last April is the first time in j
his life, it is said by his friends, that j
any charge of any nature has been ,
made against him. The indictment was I
based upon alleged frauds in connec
tion with obtaining money from the
Brevard Banking company through
use of alleged forged bill? of lading .
issued in the name of the lumber
coripany, it is said, of which he was
a member. Many friends of Sheriff
Patton declare the nol pros action is
indication that the state finds it is j
lacking in evidence to substantiate
these charges.
When the true bili was returned >
against Mr. Patton at the April term
of court he insisted upon trial at the
time, declaring he wanted! the citi
zens of the county to come into
possession of all facts in the ease a'
the earliest possible moment, and ha?
steadfastly maintained innocence of,
any wrongdoing.
TO ADVERTISE COUXTY TAXES
IDUIHXG MOXTH or SEPTEMBER
The county commissioners adopte?
a resolution Monday instructing Tax
Collector Patton to prepare and ad
vertise the delinquent tax list during
September. The sale will be made of
I all property on which 1030 taxes have
I not been paid in October. Postpone
j ment of several months has been made
! in the matter of advertising the de
linquent list in order that taxpayers
may have more time in which to
make payments. The commissioners
have waited as long as it is possible
to delay the matter, it is said, hence
; the order to the tax collector to pre
pare and publish the list. It is be
lieved that many people will pay their
taxes during this month and avert
the necessity of their property being
sold for taxes.
IRREGULARITIES IN
DRAWING JURY LIST
VOIDS ALL ACTIONS
Jury Commission "(Jver-Zeal
ous" In Its Efforts to Obtain
Good Men, It Is Said
COMMISSION EXCEEDED
ITS AUTHORITY IN WORK
All Work Done by Grand Jury
at This Term Declared
Null and Void
Transylvania county's jury commis
sion caused considerable delay, need
less expense and much confusion by
its irregularities in drawing the jury
to serve at this term of Superior
court, as was evidenced Tuesday
when all work done by the present
jury was declared void. These irregu
larities consisted in over-zealous de
sire, the court said, on the part of the
jury commission to select the *>ry
best men possible to serve as jurors.
The law directs the jury commission
to select the names of all men in the
county subject to jury duty who have
paid their taxes for the previous year,
this selection is made, then a child
not over ten years of age is to draw
thi? names from the box or boxes, to
the required number, and these so
first drawn and successively drawn
are to be placed on the jury list.
It seems that the jury commission
went further than this, and proceed
ed to cull and re-cull the list, laying
( Continued on page fmu )
COURT OFFICIALS
RELIEVED OF DUTY |
Unusual situations were observed
in Superior court now in session,
during the first two days of the
week. Judge H. Hoyle Sink an
nounced that no officers of the court
could perform duties in the court
while such officers were under indict
ment. Two such officers were under
indictment, to be tried at this term,
these being Sheriff T. E. Patton and
Attorney Ralph R. Fisher. All cases
in which Mi". Fisher appeared as at
torney were continued until the De
cember term.
In the case of Sheriff Patton, the
court appointed F. E. Shuford and
B. H. Freeman, chief of police, to
act as bailiffs of the court, and di
rected Coroner G. B. Lynch to serve
whatever processes in connection with
the court that he might be directed to
serve. This order was voided Tues
day afternoon, however, when a no!
pros was taken in Sheriff Patton'sM
ease, and the sheriff immediately i gg
turned his duties as officer of t:/
court.
The following order wa- issued by
the court:
"It appearing to the Court that the
sheriff of Transylvania county, T E.
Patton, Jr., stands indicted betort
this Court, and at his request, per
sonally and through his attorneys of
record, he asks the Court to be re
lieved of any and all duties and re
sponsibilities of his office as high
sheriff insofar as they relate to this
Court, and the Court finding as a
fact that said high sheriff for th<
reasons above stated is under dis
ability, disqualifying him to si rve as
an officer, or bailiff, appoints f r the
duration of this term of court F. E.
Shuford and B. H. Freeman to act as
bailiffs, and directs Coroner G. B.
Lynch to serve such process or pro
cesses as he may be ordered to serve
during the temporary disability of
i said High Sheriff.
' "This order is made without pre
judice to the High Sheriff or to any
'other person."
125 Citizens of Haywood County
Reported for Jury Duty In Brevard
.
I
Following is a list of the names of j
the one hundred and twenty-five citi
zens 'of Haywood county who were
summoned to be in Brevard Wednes
day morning for jury service. From
this list twelve men will be selected j
to hear the case against the former ;
bank officials, Messrs. Shipman and
Silversteen, and the former board of
commissioners, Messrs. Pickelsimer, J
McNeely, White, Talley and Owen,|
I and the former county attorney.
Ralph R. Fisher. Solicitor Pless made
formal request to the court for a jury
from another county, and Judge Sink
ordered the jury from Haywood
county. Sheriff J. A. Lowe was in
structed Monday afternoon to sum
mon 125 men to be in Brevard Wed
nesday morning, and at 2:30 o'clock
Tuesday afternoon Sheriff Lowe ap
peared before Judge Sink with the
list.
The court thanked Sheriff Lowe for
his splendid work and ready co-oper
ation. This list follows:
J. A. Hargrove, A. E. Moore, T. W.
Cattiey, W. W. Hyatt, J. H. Piatt, J.
M. Murray, R. A. Cathy, R. L. Jua
tice, G. W. Justice, R. 0. Kelly, J. Mi
Cathy, T. F. Wells, G. C. Chambers,
E. D. Wells, J. B. Burnette, Grover
Abel, J. R. Harding, R. L. Burnette,
J. T. Vance, T. R. Moore, I. R. How
ell, D. H. Pless, Luther Pless, Geo.
Poston, Ira Cogburn, Tem Rceec, W.
W. Burnette, Joe Michael, Tom
Smathers, Carter Osborne, Cleve
Medford, Frank Thompson, J. M.
Penland. Thad Cathey, T. H. Rogers,
Erastus Jones, Wm. Thompson, Jar
vis Thompson, Manson Caldwell,
John Rogers, Bob Rogers, Pink Best,
Brack James, Charley Hill, Frank
Medford, Tommy Noland, Ellis Smart,
A. C. Walker, G. R. Ferguson, W. R.
Messer, Manson McElroy, Glen Pal
mer, John James, Chas. McCrary,
Chas. McCracken, A. T. Ferguson,
Bob Greene, Carl Greene, Zeb Fergu
son, Thurman Noland, Marion Kil
patrick. Bob James, Bill Murray,
Hugh Ferguson, Bill Noland, Grady
Walker, J. M. Palmer, Radcliff Med
ford, J. C. Camp, W. R. Medford, ?
R. Frances, J. fl. Camp, H. W. Bht
( Cotmued on page f?ur) ?
J