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

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view