VOLUME XXXVI! BREVARD, NORTH CAROLINA, AUGUST II, 1932. Number 32. * Defense Springs Surprise In "Brevard Bank" Case FILE MOTION TO SET ASIDE SENTENCE AS * IMPOSED BY H. SINK Judge Moore Denies Motion And Appeal Is Taken to Supreme Court. ??ASE MAY BeTsETTLED AT NEXT APRIL TERM Or It May Be Taken In Final Stages to the U. S. Sup reme Court. i I I An unexpected surprise was sprung \ in the Superior Court Tuesday when ; Judge Moore called the case against j Shipman et a! for final disposition. I Defense attorneys provided a real j thrill for court spectators and ap- < parently took the court and State's at- ! torneys completely unawares in pre- J renting a motion asking the court to . strike out the sentence imposed upon { the defendants by Judge H. Hoyle| Sink. It will be recalled that Judge ? Sink imposed a fine of $5000.00 on j eaci defendant and in addition there- i to ordered that four of the defendants j be imprisoned in the State peniten tiary for terms of not less than two nor more than five years. The mo- f tion made by defense counsel to strike , out the judgement calling for both \ fine and imprisonment against the, men and impose a sentence in con- I formrty -with the conviction, as pre scribed under Section 4172 or Sec-' tion 4173 of the Consolidated Statues was overruled. Judge Moore, being of; the opinion that the question ought not to be passed on by his court until ordered to do so by the Supreme Court of North Carolina, overruled this motion a3 a question of law. It. is pointed out by attorneys familiar,' with the case that the procedure in this instance is, perhaps, by certiorari issued from the Supreme Court or- ! dering the record in the case up be-; fore it, and that where the punish-! ment is in excess of that provided; by statute, as it appears in this case, ! it will be sent back to the Superior , Court of Transylvania County for; proper judgement. j Attorneys for defendants, in order; to lose no rights for their clients, are , appealing from Judge Moore's order! and will probably ask for the certio-J ran. In all probability this case will ; next be reached in Transylvania County at the April term, 1933, at ????? j (Continued on page four) 3 GENERATIONS ARE | ? TAKEN BY OFFICERS] ' i Grandfather, Father and Son ! Are Arrested By Fed eral Officers. Three generations of the Masters | family were captured six miles west ; of Cedar Mtn. with a large steamer j distillery outfit: Grandfather, Link j Masters ,68; son, C. O. Masters, 47 ; I and Grandson, Leon Masters, 18. j James Perry, Jr., 26, made the fourth member of the party. The still was captured Tuesday morning after Prohibition officers, W. F. Swann. Charlie Jimison and Roy Owen had spent the night wait ing and searching for the distillers. The four men were confined in the | county jail Tuesday upon failure to ! make their bonds ranging from $300 ! to $500 each. The men will remain in iail to await their trial at the next 1 term of Superior court for the trial 1 of criminal cases. OPERATING COSTS SET AT LOW FIGURE BY BREVARD BOARD Appropriation Resolution Is Adopted, Allowing $20,000 For General Expense. BELIEVED TO BE RECORD FOR LOW OPERATING COST Debt Service Fund Is Set $137,128.62? This Item Causing Much Worry. That Mayor Ramsey and the board of aldermen of the town of Brevard are making every effort to meet the situation confronting municipalities is evidenced by the low figiire named in the appropriation resolution adopt ed Tuesday night for the town's general governmental activities dur ing this fiscal year. The water de partment, sewer department, police department, streets and sidewalks, lighting of the town, office e