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THE; ONLY NEWSPAPEIl PCDIlSnED irf f.IADISON COUNTY
MARSHALL, MADISON COUNTY, N; C FRIDAY; OCTOBER 19th, 1923.
No 41
VOL XXI
Tiis I Is v70- 1 3 cord. '
i I
!
i
A Grim Sentence
of Death
,By Judge Kirby Benedict of
; the Supreme Court of New
Mexico M&ny Years Ao
. "
While Mr. John A.- Hendricks,
" fa attorney for the United States
, in 1915, wa3 taking the deposit
ion of the Clerk of the Supreme
Court of New Mexico, at Sarita
Fe, in order to establish the sig
nature of Judge Kirby Benedict
Mr. Hendricks asked the fol
lowing: " ' - -
Q I have' heard much talk of
a sentence by Judge Kirby Bene
dict in New Mexico as being a
classic. I think this would be of
interest to the court, and ask
' you to read it to the stenographer.
, , A. "Kirby Benedict was a
.native'of the state of Connec
ticut. He was born in 18J1. "He
was Appointed associate juttice
of the supreme court of New
Mexico, in 1853, -by Franklin
Pierce. Soon after attaining his
majority he removed to the state
of Illinois, where he was a dis
tinguished member of the bar
and a personal friend of Abraham
'Lincoln and Stephen A Douglas.
He was a man of. great ability
whose honesty .and , integrity
', were never questioned. His
torical research and literary pur-
suits.had a special charrjioj him.,
" While presiding judge, with
headquarters at Taos, Judge
Benedict delivered the "famous
sentence of death,, pronounced
upon Jose Maria Martin. ,
"Jose Maria Martain, stand
up I Jose Maria Martin, you
have been indicted, ' tried and
convicted by a jury of your
countrymen of the crime of mur-J
der;and the court is now about
', to pass upon you the dread sen
tehee. of, the law. As a usual
thing, Jose Maria Martin, it is a
painful duty for the judge of a
court of ! justice to" pronounce
upon a human : being the sen
tence of deathl " There is some
thing horribke about it, and the
mind of the court" naturally
revolts frorn the performance of
sch a' duty ; Happily, however,
your case is relieved of all such
unpleasant features a n d the
Court takes positive delight in
sentencing you to death !
Yu are a young man, Jose
Maria Martin; apparently of good
physical condition ' and ; robust
health. Ordinarily y o u might
have looked 'forward ? t6 : many
years of life, and the Court has
no doubt you' have, and have ex-
,pected to die at a ripe-614 age,
but you are about., to be cut off
in consequence of 'your "own act
Josie Maria Martin, itis now the
spring time, in a little while the
grass will be springing up green
- in these beautiful" valleys, and oh
these broad mesas and mountain
sides flowers will be , blooming;
birds will be singing their sweet
carols,' and nature will be putting
on her most gorgeous and her
'..most attractive robes," and life
will be pleasant and men will
f want to stay, "but none of this
for. you, Jose Maria Martin; the
flowers will -not bloom for you,
Jose Maria Martin; the birds
wil not carol for you, Jose
v Maria Martin; when these things
come to gladden the senses of
"men. you will be occupying
. space about six' by two beneath
the sod, and the green grass and
those beautiful flowers will be
'Madison Raises
506 For Relief
County Send; $3W In t&sb
And $114 In Clothing To
: Bible L&sds
Madison County raised (500 00
for Near East Relief this year,
according to official figures just
announced from Raleigh by
Col. Geo.- H. Bellamy, state
chairman of this great humani
tarian organization. This is 70
per cent of Madison's 720quota.
In announcing these figures
Col. Bellamy paid tribute . to J.
A Hendricks of Marshall, coun
ty chairman, who was in charge
of raising this sum, 'and all of
those who helped Mr. Hendricks.
Official figures were $392.00 in
cash and $114.00 in clothing.
Mr. Hendricks had many diffi
culties to overcame, the foremost
of which is 'the misconception
in the public mind as to the con
tinued need in the Bible lands.
As the Near East Relief, in
its definite child-saving program
work from year to year, results
of, work from July 1, to the fol
lowing June: 30 only are an
nounced. During the past fis
cal year, Mr. Hendricks endea
vored'to raise the 7.20 required
to feed., clothe and educate the
12 little children now in North
Carolina orphanages in the Near
East, and dependent on Madison
County for their very , lives
Sixty dollars takes complete
care of a child for a year, so ef
ficient is the work of the Near
East Relief overseas
growing above your .. lowly head.
The sentence of the Court is
that you be taken 1 from this
place to the county jail; that you
be there kept safely and securely
confined, in the custody of the
sheriff, until the day appointed
for jour execution. (Be very
careful, Mr. Sheriff, that . he
hnve no opportunity , to escape
and-that you have him at the
appointed place at the appointed
time ) That you' be eo kept,
Jose Maria Martin, until (Mr.
Clerk, on wh at day of: the
month doe's Friday, about two
weeks from this time come ?
March twenty-second, your
Honor) Very well, -until Fri
day, the twenty ' second day of
March, when you will be taken
by the sheriff frorn your place
of confinement to some safe and
convenient spot wit h i n the
county (that is in your discret
ion, Mr. Sheriff, you are only
confined to the limits of this
county), and. that you be there
hanged by the neck until you are
dead, and the' Court was about
to add, ' Jose Maria Martin,
'May .God have mercy on, your
soul,' but the Court will not
assume the responsibility of
asking ah Allwise Providence to
do that' which a jury of your
peers has refused to do. The
Lord could not bave mercy on
your soul I 1 However, a you
affect any religious belief, or are
Minnected with anr religions or
ganization, it might be well fori
you to send for ' your priest or;
your minister ana gee iron
him, well, such consolation as
you can; but the Court advises
you to place no reliance upon
anything of that kind J Mr.
Sheriff, remove the prisoner,"
Registration oi
Autos In Effect
Secretory cf State Ms
Copies cf ActcndKis
To Qwtxi .''
W.N. Everett Secretary of
State, has sent notice to local
motorists, as well as owners of
motor cars in every, other sec
tion of North Carolina, calling
attention to the the motor vehi
cle title registration act Mr,
Everett points out that the auto-
ists are required to register their
vehicles, paying, a fee of 60
cents for registration and $1
for the seal tax.
The copies of the. law in , toto
and application ' blanks have
been sent out; The-following
appeal is made by the secretary
for the co-operation of the .auto
owners in the matter:
The object of this registra
tion is to make it more dim
cult to dispose of stolen cars,
and to facilitate their recovery
and all fees . collected will , be
used to that end.. While, it will
not make it impossible for your
car to be stolen." It will de
crease the chances, and it will
be impossible to license the cw
again in the State without cou
siderable trouble and ' expense
to the thief Other states ppe:
rating under rthis." law report a
reduction in thefts of oyer fifty
per cent The insurance com
panies have already announced
a reduction in rates for theft in
surance effective from the date
the title registration begins
"It is a violation of the law to
operate your car after October
1, if you have not made applica
tion for' certificate of title.
Penalty for willfully making
a false statement is provided for
in section nine of the law, '
Certificate of title, which we
will mail you as soon as possible
after the receipt of your appli
cation, holds good as long as
you keep the carv If ': you vseU
the car, the certificate must be
returned to jthis place by the
purchaser with proper endorse
ment in tEe blanks provided for
that purpose.''
Ben
for Uttb
PlS3
SCuvvI .
FIRST GRADE Wyiard Brad
burn, Clyde Meadows, H a s e 1
Goforth, Wayne Stints, Howard
Payne, Richmond Meadows, Letha
Pavne. . Kora Henderson, Alice
Roberts, Jerry Marshall Redmon
SECOND GRADE Lora Rec
tor Geneva Wilson,
Richmond
Payne, Esmond Freeman.
7 . '
THIRD G RAD E Woodrow
Payne, Leonard Bradburn, Weldon
Stines.. Catherine Roberts, Hattie
Gradburn. t
FOURTH GRADE M ary Lam
bert, Grace Goforth", Commodore
Payne, Paul Roberta,.
FIFTH GRADE Howard Lam
bert, Mamie Docksry,' Berths
Pnyne, Bertie Goforth.
SIXTH G RADE-; Woodrow
Roberts.
SEVENTH GRADE S! a U i e
AriothcrKilling
V 1 In Madison
W. T Eerf :rsca-.i4WIId Bill"
SIby0ricronBio;Pine
Iwt 'rrUay- Afternoon
It pains The News Record, to
again chronicle the sad and use
less tragedy, of the fliting out
of another human life in Madi
son County. ;
Last Friday on Big Pine Creek
W. T. Henderson, commonly
known as Wild Bill, got into an
altercation with Ki Baker over
some beans that all told were
worth but a very, small amount
of money. After having some
words over the beans, we are
imf ormed that Henderson told
Baker to -leave his premises,
and while .Baker was mounted
on nia mule ana nenaersan
standing near the mule, possibly
with his hand on Baker, Baker
drew his revolver and shot Hen
derson through the body, from
which wound-Henderson died
in a few . minutes. ' Henderson
and Baker have been near
neighbors for many years and
so far as known have never be
fore had any falling out or diffi
culy. It is reported that the
influence of liquor entered into
this tragedy and had it not been
for the liquor doubtless Hender
son woul4 Hlivintf . today and
Baker would not have to answer
the charge of slaying Hender
son, We shall continue to have
trouble, killings, fights and quar
rels as long as the abominal
stuff is manufactured and sold
in this county under the name
of whiskey, which for the most
part is usually not real alcohol
manpfactured from gram or
fruit but some miserable poison
ous stuff that destroys the mind
of those who use it.
Wild Bill Henderson acquired
this name by reason of his rath
er blustery wayof -talking and
acting, but with it all he was
usuaily considered rather a
harmless man. and was kind
and good hearted. V
The News-Record extends its
sympathy to the family of the
deceased, as well as to the fami
ly of the man who will have to
answer the charge of killing
Henderson. '
Bluff Items
..I t
Mr. Loyd Coward has returned
from Detroit. Mich., to. his home
to spend a few months.
Miss- Ona Singleton is visiting
Mrs11. Eva Norris, of Lee, N. C
for a few weeks.
Miss Nellie Riddle and Bernice
Coward was disappointed on their
trip to Asheville Sunday.
MK W. A. Meadows and family
spent the week-end at Fletcher,
N. C, and had a-grand time.
Liberty Sunday school was dis
missed for the ooming winter, Sun
day, October 12th. .
i , .-i .... ....
We are having 4t splendid high
school at the. gap of the mountain
this year .with Mr. Carl Long as
professor, ' . :,. -1 V ,. '
AMri Eura Baldwin will be en
tertained by ' two of her friend
girls,' Pernice C. and Nellie R. of
Bluff, N. C. at Mt. Pleasant on a
picnic. , All
time.'. ;
planning for a nice
-' BROWN EYES. -
Car Captured
Near Mars Hill
Deputy Sheriff's J. C Jervls And
Woodson Ray, o f Mars Hill,
Capture three Men, 25 Gallons
o! Liquor and a Large high
Powered Car Last Week.
Last Friday, Deputy Sheriff's
J. C. Jervis and Woodson Ray,
captured three men by the name
of Whitaker, Jay and Moore
transporting about 25 gallons of
liquor and a high powe ed car
near Mars Hill One of the tires
on the car became punctured
and the men unloaded the liquor
and one went back to Mars Hill
to have the car repaired, while
the two left were caring for the
liquor, Jervia and Kay discovered
them and found 6 gallons of
liquor at that-' time. When the
man who took the car to Mars
Hill returned with the car he
drove into the trap and he and
the car; were' taken in by Ray
and Jervis. .The three men and
the car were brought to Mar
shall by the officers. , After get
ting to Marshall it was found
there was about half gallon of
liquor in' the car.
Whitaker is reported to be a
professional transporter, not
much is known of the other
two who are scarcely grown.
Whitaker is married and resides
in Asheville. It is1 reported they
are all JBuncbmbe county men.
Ttis'said'3he .-CW is a' valuable
vehicle,' 'Under the law the car
will be confiscated. But the old
trick 'is interjected It is said
this time a woman has a mort
gage on the car for part of the
purchase money.
'r;The captured men each gave
bond of $1000 and were released.
They left for Asheville.
Some officers went up from
Marshall and found near where
the 6 gallons of liquor was found
18 gallons more About the
time the 18' gallons were found
a car came up. It is believed
the men who were arrested with
the car after their release re
ported to Asheville or to a con
federatei who come under the
cover of the night for the sup
posed securely concealed 18 gal
lons, but w hen reaching v the
place f o u nN d ' the officers in
charge of the liquor. If this car
was after the liquor . no claim
was made for it and the party
with the car moved on. it is
thought if the officers had con
cealed themselves and let the
liquor alone, that they would
have been' able to have made
another haul.
The pitty of it is that the real
man not behind the gun, but
behind the liquor, is not caught,
The real criminal remains behind
the scene and gets usually
thoughtless young men to make
the adventure o f - transporting
the vile, poisonous stuff called
liquor. The men captured are
all young and two of them prob
ably not of age. No doubt that
the real rastfal in ' this, as in
other cases, keeps him or her
self from the clutches Of the
law,' while these voung men are
made chain gang fodder., These
old hardened law breakers are
enemies to the peace of, the
couutry, the disturbers of .hu
manity. Young man put it uown
once for all that you cannot
serve these rascally law breakers
long with out being caught
If
you are so fool hardily as to en
'gage in such business you will
most assuredly be caught and
CAN TOMBSTONE BE
LIBELOUS?
Can a tombstone be libelous ?
This is the question which a
Tennessee grand jury will be
called upon to answer. Author
ities from Walker county, Ga.,
served notice that they would
appear before the inquisitorial
body and ask for the indictment
of R D Baker for criminal libel
as the result of the erection ef a
tombstone to George Baker, his
son. '
The tombstone bears the in
scription that the boy had been
unjustly hanged at Lafayette,
Ga., for the murder of Deputy
Sheriff Morton last fall. '
Card of Thanks
We take this opportunity to ex
press our hearty thanks to our
many friends for the many kind
deeds done during the illness and
death of our dear father. May
your life be a happy one, and God.
bless you all.
J. S. Bruce and Family
. Henderson ville, N, C
Grape Vine Items
Last Sunday was a good day at
this place, the day was spent in
preaching, singing. Some good
sneakinc and essavs read. After
inc morning service at two o ciock.
in the afternoon the Grape Vine
cemetery , was decorated according
to a program arranged by Mr.
Dolph Coats. While the many
friends distributed flowers on the
graves, music was rendered by
Grape Vine choir, after which the
people gathered in the church and
the Middle Fork quartet class ren
dered some wonderful music that
was accompanied with good talks
in essay by Miss Minnie Lewis,
the subject: "If a Man die Shall
he Live Again." The Christian
people was much lifted up bf this
wonderful essay. Many' friends
were present from Asheville, Mar
shall and Mars Hill and other
placea We sure feel that we ap
preciate, the visit of our fiiends
and ask them to come again.
E. S M. ;
Card o! Thanks
We wish to thank the many
friends for their kindness showri
us during the death of our father,
Mr, Joseph T. Kuykendall May
God's richest blessings rest or
each and every one.
Mrs Edna Farrow,
'Mrs. T. C. Carver, .
'Mrs. T..A. Payne.
Greenville, S. C. '
you wil have to suffer the con
sequences of your own folly, but
in the mean time turn up the
man that got you into trouble
Don't suffer yourself and let him
go free. . : --i s
We believe the courts should
offer every inducement possibe
to have boys and young men
who are the tools of the rascals
who are reaping the financial
rewards, to turn them up. It
would be a good investment if
necessary to turn loose a -dozen
boys who are tools, to get
the real old perpetrator. These
large bands no doubt are being
substantially backed up by men
who are the real people in the
business"
k