~ORD
SERVING THE P?Oh? v. ^ ITY SINCE 1901
Vol. 84 No. 50 , WEDNESDAY, December 12, 1984
* ? ?rril , ? 7 zr
Laurel Children s Letters To
Christmas Pageant Set
For Friday, Saturday
The Marshall Christmas pageant will be presented on Main
Street on Friday and Saturday evenings beginning at 7:30 p.m .
All Madison Countians are invited to witness the renewal of a
Marshall Christmas tradition J 5|
Spring Creek VFW
The ladies auxiliary of the Spring Creek Volunteer Fire
Dept. will sponsor a Community Christmas Party an Dec. 14
from 7 until 9 p.m. at the fire station. All residents of Spring
Creek township are invited to attend. Refreshments and treats
will be served.
Optimists Seek Donations
The Madison County Optimist Gub is now receiving dona
tions and selling pecans for their Optimist Christmas Cheer
Fund to benefit needy Madison County children. Donations
can be made at First Union Bank to Bryce Hall, secretary
treasurer. Pecans are available at First Union, Mary's
Restaurant and The News Record Office.
The Montford Park Players will present 'A Christmas Carol*
by Charles Dickens on Dec. 15 at U:30a.m.r2:30p.m.and7:30
p.m. at the Walker Art Center in West Asheville. Tickets are
$2.50 for adults, $1.50 for children Mid senior citizens. For
more information, call Hazel Robinson at 254-5146.
QmstrfLak Ideas Exhibit
Madison County Extension Homemakers will present
their Christman Ideas exhibit on Thursday and Friday in the
building beside the Farm Bureau on Main Street in Marshall
Gifts are available for sale and refreshments will be served.
The exhibit is open from 9 a.m. until 5 p.m. on Thursday and
agfun until 3 p.m. on Friday.
Marshall Home
Contest
all Community Develop- 1
is sponsoring a Christmas
?ting contest for atl Ma)
identa. Prizes of $35, 3$ and
be awarded the bm <
? I
The contest vHT be Judged <
until 9pm
tlia women * committee _ , ,
Broa4 Electri M? mb -ship
ease of snow, judging will be done on
Dec. 11.
Judging will be based on originality
of design, overall effectiveness and
tfee creative use of natural and man
made materials in decorations.
Par more Information on Hie con
test, call Town Hall at MNUl or
Marion Wallin at p* 3411 or (M-TtZ
. . . .
Johnson Found Guilty
Receives Life Sentence For Murder
By ELIZABETH D. SQUIRE
Richard Johnson, 36, of Hot Springs, sentenced to life in
prison last Friday for murder by poison and awaiting his ap
peal in jail, could still go free.
Johnson's court-appointed attorneys will appeal the verdict
of guilty of first degree murder pronounced by the jury last
Thursday after about three hours of deliberation.
The jury which hears a first-degree murder case usually
considers any aggravating circumstances after a finding of
guilt. The jury may then decide on the death penalty if the ag
gravating circumstances are not balanced by mitigating cir
cumstances. The possible aggravating circumstances are
spelled out by law and include the fact that a murder is
especially heinous, atrocious or brutal.
Rusher told the court he believed the suffering of five-year
old Joyce Johnson after her father gave her diazanon made
the murder especially atrocious.
Judge Lamm based his decision on a recent Supreme Court
case which said that all murders are by nature horrendous
and cruel, and that aggravating circumstances exist only if
the murder is cruel. The law does not provide that the blood
relationship between a man convicted of murder and the vic
tim be taken into account, he said.
Therefore, Judge Lamm said, he declined to submit an "ag
gravating factor" to the jury, in which case he could impose
life imprisonment without further action by the jury. Rusher
called for a Supreme Court ruling on the point because he said
the present law does not properly address this issue. The rul
ing will have no effect on Johnson's sentence.
Although the Johnson case stirred such strong feelings that
Sheriff E.Y. Ponder cleared the courtroom before the jury's
verdict and searched each person as they returned, the cour
troom gallery was only about half full during most of the trial.
More than 30 men and women testified, including Richard
Johnson, who on Wednesday was the first defense witness.
On Monday, his son, Christopher Johnson, had been the first
witness called by the prosecution. Christopher has said that on
Sunday, June 17, he saw his father give his sister medicine
that smelled like bug poison shortly before the girl began to
froth at the mouth and stagger.
Also on Monday, Arthur Fowler of the Emergency Medical
Service testified that Richard Johnson came to a restaurant in
Hot Springs the same morning and told Fowler he might need
an ambulance later.
Dr. Tom Howald, on duty in the Memorial MissioffHospital
emergency room that morning, said the vomit from Joyce
Johnson's stomach smelled pungently and unmistakably of
organo-phosphate insecticide and that he belifred from her
symptoms that the poison had been swallowed by the child
within 30 minutes to two hours before he saw her.
Timmy Ramsey testified that Richard Jdhnson told him
after Joyce's death that he could show Ramsey in his house
the poison Joyce got into.
Brenda Johnson, Joyce's mother, Mid she felt threatened
when Richard Johnson told her during one of Joyce's earlier
hospitalizations to remember Jinr Ward of Hot Springs, who
killed himself and his two children.
State Bureau of Investigations agent Bill Guilette told how
he could not find the bottle said to have contained Joyce's
medicine, but admitted under cross-examination that he had
not asked Richard Johnson or his family where the bottle was.
Continued on Page C
By ROBERT KOEN1G
The Marshall Board of Aldermen
held their most lengthy session in
months Monday night. The town's ag
ing water system was the prime topic
of discussion.
The aldermen heard from Roger
Swann of Mars Hill, a member of the
Rural Water Association. Swann has
been working with alderman Sammy
Lunsford on ways to reduce the costs
of pumping Marshall's water.
Swann presented the aldermen
with a list of suggestions for improv
ing the quality of Marshall's water
and lowering the costs of operating
the water system.
While leaks in the system are cost
ly, Swann said he believes Marshall
has other problems with its system
that should be addressed first. The
town should begin by improving the
taste and odor of the water, Swann
said. He said that hydrogen sulfides
or iron bacteria living in the aging
water lines could be the cause of
much of the present problem.
' Swann recommended that the town
dramtically increase the amount of
chlorine bring put into the system. At
present, Autrey Black said the town
uses about 50 pounds of chlorine each
month. Swann suggested that as
much as 80 pounds per month should
be used.
The largest long term problem the
water system faces is corrosion in
many old lines. Corrosion in the lines,
Swann said, accounts for reduced
water pressure in many areas as
deposits close up the width of water
lines. Corrosion can also be blamed
for the red water Marshal customers
often see when they open up taps.
In addition, corrosion from pipes is
stopping up many water meters,
making maintainence of the meters
an impossible task.
Swann recommended that Mar
shall begin feeding polyphosphates
into the system to clean out the corro
sion. The polyphosphates would
break up corrosive deposits in the
lines and help prevent them from ,
reforming. This program would also
rewquire the town begin a program of
flushing the lines to remove deposits.
In order to introduce the
polyphosphates into the system.
Swann said the town would have to
purchase new pumping equipment at
the town's wells. Savings on the costs
of replacing water meters would pay
for the cost of the treatments.
Leaks were also a problem and
Swann suggested that the town stop
estimating water bills and begin
charging customers for water actual
ly used. Every home and business in
the system should be properly
metered, including town buildings.
Swann also suggested that Mar
shall can reduce its operating costs
for the system by increasing produc
tion from the two gravity-fed wells.
Swann also suggested that Mar
shall consider putting a well on
Walnut Creek behind Madison H.S.
back into service. The well was used
in the 70's for one year and abandon
ed. The well could supply up to 80
gallons per minute if operational.
Swann said the cost of returning the
well to service could be as much as
$9,000, but said that the water it could .
produce would ease pressure on wells
where the water must be pumped
uphill at a substantial cost
Finally, Swann recommended the
town begin a leak detection program
to locate water losses. He also said
the town must come up with a long
range plan for replacing the aging
water lines, many of which are 50 or
60 years old.
Swann summed up the problems by
telling the board, 'You're going to pay
for water, whether its through water
bills or the general fund and taxes.
This problem didn't spring up last
week or last year. It took years to get
to this point and it'll take years to fix
it."
The aldermen had considered turn
ing to Hunter's Creek as a water
source, but a report from an
engineering firm which studied the
Continued on Page 6
McDevitt Returns
To UNC-Asheville
Wayne McDevitt, the director of
Gov. James B. Hunt's Western Of
fice, has been named as a special
assistant to the chancellor of the
University of North Carolina at
Asheville McDevitt will begin his
new Job on Jan. 2/
In his new position, the Marshall
native, a 1875 graduate of UNC-A, will
be responsible for fovermental reia
hons. special university events and
projects, as well as assisting
Chancellor David G. Brown.
In announcing the appointment.
Brown said, "I can't imagine a better
person for this position. He has a love
trt_ '? - -- m?_?l j
01 wes < rn worm uaronna, a ievo
tion to public r v and a
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portant position."
McDevitt has served as the director
of the Governor's Western Office
since 1900. He has also served as the
chief of staff for farmer Speaker of
the N.C. House Jim Ramsey and as
manager of the Asheville regional of-,
flee of the N.C. Dept of Natural
Resources and Community Develop
meat. He is a graduate of UNC-A and
Marshal] High School, where he was
student body president. He has also
graduated from the Executive's Pro
gram of the School of Burineas Ad
ministration at the University of
North Carolina at Chapel Hill and
Studied European politics and
English literature at Oxfird Univer