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PHONE 4?
O'DEAR AND MfSSER
(Continued from page one)
i day mornmg.
Dr. Wilkes Testifies
Upon reconvening at 9:40 Thurs
day morning the trial of Earl
O'Dear, 24. and Robert Messer, 21,
began proper, with the state calling
J.he first want's.- to the stand. This
was Dr. Grover Wilkes, who te^ii
fied that he w;i> called about 6:30
on Monday morning, April 21. to
! the scene of the crime where he
found Jack Hall dead on the front
1 floor vl' his taxi, and his wife,
Margie, lying aero>> the front seat,
still breatlling but unconscious.*Dr.
i Wilkes testified that brain tissue
was lyingMto the running board
jand on the ground about 10 feet
; from the car. He .-aid that the cou
ple had been h*t with blunt in
struments w.th .-uflicient force to
. fracture and penetrate the skull.
He said there were lour or more
TTTcRT" on the back of Jack's head
which caused his death. After the
defense lawyer.-. Roy Francis of
' Wavnesvilie and Charles C. Smath
ers of Canton,, examined the wit
ness they held a ten minute con
ference with the prisoners at the
bar.
Bodies Found In Taxi
Jud Robinson, next witness for
' the state, testified that he was on
his way to work at Mead ?orpora
: tion, pasfred the car of Jack Hall
I at 6 a. m. the morning of April
121, and remarked "What's going!
on here" getting no answer he in
vestigated closer and was shocked
when he saw Jack and his wife ly
ing there apparently dead. He
stated that he noticed the car had
skidded some 15 or 20 feet. He
then ran back down the road and
called Homer Green and James
Clontz, who lived nearby. Green
and Clontz remained at the car
while Robinson went to notify of
ficers. Sheriff Griffin Middleton
and other officers immediately
went to the scene.
City Police George Evans, was
the next state's witness, he testi- j
fied that he saw Bob Messer about i
8:30 Sunday night and searched
him for whiskey. Bob had the ham- 1
mer at that time but had thrown |
it over the bank. Earl O'Dear was i
said to have been hiding over the i
bank on the old Dillsboro road. ;
He said that he later saw Messer
and O'Dear in town about 9:30.
Doris Ashe testified that she saw
O'Dear and Messer Sunday night
about 8 o'clock on the Franklin
road and that they* asked her if
she wanted to go with them to
Knoxville about 11 o'clock.
Wayne Dillard testified that he j
saw both men Sunday night near |
JACK AND HOWARD
'ALLISON PLAN TO,
EXPAND BUSINESS
Jack and Howard Allison, own
er.v and open tors of Howard's Es
j-o Station and Jack's Tire Shop,
announce i tr..- week that they
will expand tneir business to in
clude wholesale and retail of tires
and accessories. The part of the
building now being used as a pool
room will be u-t'd for the Whole
sale department. In addition to this
the Allisons are building a large
20 foot greec'e-pit at the rear of
: the station which will handle large
trucks. A hydraulic lift will be in
stalled for gre'a.-ihg and lubricating
cars. A concrete wall next to the
railroad ha- been built.
the bridge at the school house, that
they were going toward Dillsboro,
Bt-o was talking to Ear), his right
hand up in the air swinging in
Mime motion.
State witness C. D. Lindsay, state
highway patrolman of Sylva, testi
iied that he saw brain tissue and
Pieces of bone lying in Jack's car, i
that the front seat was bloody and I
brain tissue also on door and wind
shield. He testified that Jack, who >
was 5 feet 11 inches, weighing j
about 230 pounds, was wedged on i
the floor board, lying on the side !
in which $38^ were found, which
he gave cis the reason that it was
not taken. He summoned Coroner
C. W. Dills.
Sheriff Griffin Middleton testi
fied that Bob Messer iold him on
the night of April 24, after they
had been arrested, that he had
been worried, could not sleep, and
wanted to tell him, about it. The
sheriff said that he told Messer
that whatever he said to tell the
truth, but that it would be used
against him in court.
Bob told the sheriff that a gob'd
while back he U>ld Earl O^Dear
that he needed some money, and
that Earl came to him in December
and told him that he knew where
he could get about $1,000, later
telling him that it could be gotten
from Jack Hall. They talked about
the money again early this year,
and again on Saturday night, April
19. He said they were drinking
and would finish their plans on
Sunday. At this time they said they
would kill Jack Hall before they i
left for Knoxville. The crime was j
to have taken place on the Long j
Branch road, but was later changed !
to the old Dillsboro-Sylva road.
He said that he, Messer, got a
hammer out of Lonnie O'Dear's
blacksmith shop and that Earl got
HAVE CHURCH WEDDING MAY 10
* Miss Hazel Brooks, daughter of Mr. and Mrs. Charlie Brooks, of
W^ittier, became the bride of Walter Middleton in a single ring cere
mony at the Sylva Baptist church Saturday evening, May 10th at 7
o'clock with the Rev. Edgar Willix officiating.
Mrs. Middleton received her education at Sylva high school and for
the past year she had been employed as office secretary with the
Imperial Life Insurance Company of Asheville.
Mr. Middleton is the son of Mr. and Mrs. T. F. Middleton of Tuck
aseegee. He was educated at Cullowhee high school and Western
Carolina Teachers college. He served 5 years and six months with the
U. S. Army.
After a short honeymoon the young couple returned to their home
at Tuckaseegee.
one out of his car. He said that i
after they killed Jacftand his wife
they left for Knoxvi^le at about 12
o'clock. Messer said that when
Jack was hit that he called out,
"O, Lord quit." The blow was so
hard that the hammer had to be
jerked out of Jack^ skull.
O'Dear then made a confession
statement at about 1 o'clock Thurs
day night in the Bryson City jail.
Lindsay was called back to the
stafid~ancT testified that the pair
told where $14 was hidden in one
dollar bills in Lonnie O'Dear's shpp
and $15 in Earl's car. They said
$43.00 was all that they got off
J;.ck. They also told of where a
pack of razor blades and a knife
of Jack's could be found. These
were found near Ode Robinson's
store on the Balsam highway. They
told where they threw the ham
mers in Scotts Creek. All of these
items were found just where the
toys told that they had hidden
them.
.Sheriff Middleton further stated
that Bob came "very near telling
him the story on the previous day.
He testified that Bob said to Earl,
"God, Earl, I pulled the hammer
out of Jack's head. Bob struck a
match and Earl got in the back
seat and struck him three more
times. Bob told that he "tapped
Mrs. Hall on the head to knock
her out, not meaning to kill her."
Several other witnesses?were
heard, . giving evidence on the
movements of the two men.
Defense Offers No Evidence
When the state rested the de
fense did not offer any evidence,
relying only on the cross examina
tion of the state's witnesses and
the'argument before the jury. John
M. Queen and Hugh Monteith, as
D. M. Hall, Jr. Receives I
Fraternity Award At
University Of N. Carolina
David M. Hall, Jr., has been
given another honor at the Uni
versity of North Carolina where
he will graduate from the School
of Law June 9. This time he has
been selected to receive the Phi
Delta Phi Achievement award,
which will be presented during
graduation period.
This award is given each year
by the fraternity to "such mem
ber of the Fraternity, who, in the I
opinion of the Inn (fraternity), its |
faculty adviser, and the dean of i
the law faculty, has been outstand
ing during the college year by
virtue of his scholarship, initiative
and service to the school and fra
ternity."
During his first year at the Uni
versity David received the awards
for the highest averages in the
contracts and agency for that year.
He has served as treasurer, vice- j
president and president of Phi \
Delta Phi, treasurer and secretary
of the law association, member of
the Supreme Court of the Law As
sociatipn for two years and was
Carolina's delegate to the Province
Convention of Phi Delta Phi for
this year.
He is the son of Mrs. David M.
Hall and the late Mr. Hall of
Sylva.
sisting with the prosecution, were
first to address the jury, followed
by Solicitor Dan K. Moore. Roy'
Francis, attorney^ for the defend
ants, presented their defense be
fore the jury by trying to put
across the possibility of others be
ing behind the boys in the crime.
Judge Bobbitt started his charge
to the JUry at 4:45 Friday evening
and completed it at 6:15, at which
time the jury retired to consider
the case. After being out one hour,
they returned into court and were
dismissed for one hour for supper.
Upon returning at 8:30 they again
began their deliberations, return
ing with their verdict at 9:30.
This closed one of the most sen
sational murder cases in the his
tory of Jackson county, one^which
had caused wide attention'irTthe
daily press. A number of true de
tective story magazines became in
terested in the case and will use
it in their publications.
V Appeal To, Higher Court
?-Roy Francis, attorney for the
prisoners, entered a -motion for an
appeal'to the State Supreme court.
Judge Bobbitt entered the order
and granted the defense forty-five
days in which to prepare and file
their c.ise. An appeal bond of $500
was adjudged sufficient.
DATE NOT SET FOR
RAILROAD HEARING
Mr. Felix Picklesimer, president
of the Jackson County Chamber of
Commerce has received word from
the North Carolina Utilities Com
mission stating that the applica
tion for permission to remove
Southern Railway trains Nos. 17
and 18 Asheville to Murphy, has
not been filed and therefore no
date for the hearing has been set.
The letter from th-e Commission
to Mr. Picklesimer in part is as
follows: "This will acknowledge
your telegram wherein you voice
a protest against discontinuing the
passenger train service between
Asheville and ^lurphy.
'"This matter has given the Com
mission considerable concern and,
whi'e the application has not yet
been filed, it will no doubt be
forthcoming within a few days, af
ter which the matter will be as
signed for hearing and you will be
given advance notice thereof."
HERE FOR ALLISON FUNERAL
Out of town relatives and friends
attending the funeral for Mr. W. C.
Allison here last Wednesday after
noon were: Mrs. Zodah Cunning
ham, Mrs. Cleve Sisk, Mrs. Mary
K. Hunter, Miss Irene Hunter, Mrs.
Harry W. Sorrells, Mr. and Mrs.
Lewis Hargis, Mrs. M. F. Mere
dith, .Mrs. Rudolph Gibbs, all of
Asheville. Mr. and Mrs. J. R. Mil
ler, of Robbinsville; Mrs. Luke
Harrison, and Mrs. Jack Trantham,
and Mrs. Edward Varner, of Bre
vard; Mr. and Mrs. Moody Hyatt
and family, of Canton; Mrs. Regin
ald Perry and children, of Knox
ville; Henry Miller, of Waynes
ville; Miss Thelma Moody, of Whit
tier, and Rev. and Mrs. Clayton
Lime, of Andrews.
That Natf<?in<2
Backache
May Warn oC Disordered '
Kidney Action
Modern life with ita hurry and worry.
' irregular habita, improper eating ana
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You may suffer nagging backache,
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} timea burning, Bcanty/Of^ocMrequent
1' urination. \
Try Doan'a Pilii? Lioan's fcelp the
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Ask your neighbor I
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PHONE 49 COLE BUILDING ,SYLVA, N. C.