Newspapers / The News-Record (Marshall, N.C.) / Aug. 20, 1987, edition 1 / Page 1
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Vol.87No.34 See Special Supplement ? Serving The People Of Our Communities Since 1 90 J a ? mm ISPNra - ?** - : tao,i?7 r? Zeno Ponder Found Not Guilty By BILL STUDENC Editor A Madison County jury deliberated for leu than 45 minutes Tuesday before finding former N.C. Board of Transportation member Zeno H. Ponder not guilty of conspiring to pro fit from inside information. The verdict came in the second day of the surprisingly fast-moving trial of Ponder, 66, a longtime leader in the Madison County Democratic Party. Ponder, a member of the state Board of Transportation from 1961 to 1665, had been charged with conspir ing with three others to profit from the purchase of land in the route of a proposed road project in Madison County. Prosecutors alleged that Ponder in 1962 purchaed tracts of land in the path of the Sweetwater Gap Road project before the plans were made public. Those purchases were made through a partnership including Ponder, his wife, Marie, nephew Leonard Ponder and business associate Marshall Kanter. Ponder contended he purchased the land, located in the Redmon area, with the intention of providing the state Department of Transportation mmmmtasi Tills hat been political harassment for more than three years. I hope it tarns oat to be a little political embarassment to tbem. Maybe they've learned their lesson, bat I doubt it." ? Zeno Ponder with free rights-of-way, guaranteeing that the road would be built. The road, linking the community of Trust to Marshall, would cut in half the two-and-a-half hour bus trip school children in the southwestern corner of the county take one way each day to Madison High School, Ponder said. After a little more than a day of testimony in Madison County Superior Court, the jury ruled in favor of Ponder, apparently closing the file on his controversial land deal ings if 1982. Ponder hugged his wife and shook the hand of his attorney, Herbert Hyde of Asheville, upon hearing the verdict. He also shook hands and chatted with several of the Jurors. "This has been political harass ment for more than three years," Ponder said Tuesday outside Madison County Courthouse. "I hope it turns out to be a little political em barrassment to them. Maybe they've learned their lesson, but I doubt it." Ponder, who in IMS faced federal mail fraud charges stemming from the same land deals, has blamed the Republican Party for the charges against him. Former U.S. Attorney Charles Brewer, who prosecuted Ponder on the federal charges, is a Republican, as is 24th Judicial District Attorney J. Thomas Rusher, who submitted a bill of indictment against Ponder to a Madison County grajid jury earlier this year. Federal charges were dismissed in January 1986 by a U.S. District Court judge. Ponder's attorney, Herbert Hyde of Asheville, had sought a similar end to the latest charge when he asked Special Superior Court Judge George Costs men flocked Friday to the new Roses store located la the Weaverville Plasa. Although the store does act officially opea un BILL STUDENC PHOTO til Aag. 30, Ike store has been in operation slate Friday, the date of its "sneak opening." & ' ' 1 I ^KL_L V'': Weaverville Plaza Roses ' Sneaks' Open; Burger King Planned By MARGARET A. STUDENC Staff Writer While not yet complete, the Weaverville Plaza shopping center has one store already in operation and many more on the way. Developers of the shopping center, located off U.S. 19-23, said that a new Burger King restaurant is the latest addition planned for the plaza site. Jane He* tor, supervisor for the Biltmore, Skyland and Waynesville Burger King restaurants, and James Duckett, manager of the Waynesville Burger King restaurant, said that ? new franchise will be building the Weaverville Burger King. "Carroll! Corporation own most of the Burger Kings around here, but this is a different owner," said Dackett. Company officials could not be reached for comment. The Roses discount department store has been operatinf as of last Friday, the date of the sneak opening of the store. The grand opening of the store will be Sunday, Aug. 30, from 1 p.m. to 10 p.m. "We are ready to do business and are doing business before the grand opening," said K.W. Geoffreys, manager of the Roses store Roses, which employs ISO full- and part-time staff and covers 54,000 square feet of the shopping center, is open from 9 a.m. - 9 p.m. Monday - Saturday and 1 p.m. - 6 p.m. on Sun day Other stores in the Plaza are still under construction. Food Lion grocery is scheduled to open Oct 11. said D. Michael Ward, general con ?* ?. '? . ? on Page 9 Fountain to dismiss the charges in light of recently approved legislation regulating the conduct of state of ficials. A statute passed earlier this year by the General Assembly makes it a misdemeanor, rather than a felony, for state officials to profit from the use of inside information available to them because of their governmental status Because the statute of limitations on misdemeanors expires two years after the date of the offense (in this case, the statute of limitations would have expired in 1984), the court should dismiss the case, Hyde said Monday morning. Fountain denied Hyde's motion, and also rejected a similar motion that the case be transferee! to District Court. That set the scene for the selection of jurors for the trial - a process which took about an hour, much to the surprise of courtroom observers who had predicted a lengthy jury selection process. Billy Rose, former state highway administrator, and Earl McEntire, -Continued on Page I BILL STUDENC PHOTO Zene Ponder, right, talks with attorney Herbert Hyde after Tuesday's net guilty verdict. Fox Will Remain In Mars Hill Vote By BILL STUDENC EdHor BP* i-^%: , Mars tjUll election officials have ruled that Edtfe Fox is eligible to run (or the Mars toll Board of Aldermen, despite the fact that he lived outside the town limits until earlier this month. The Mars Hill Board of Elections, during a preliminary hearing last Tuesday, agreed that Fox's name should be on the ballot in November's municipal election. QuMtiohs surrounding the legitimacy of Fox's candidacy arose when election officials learned that Fox, director of the Madison County Emergency Management Services, had lived outside Mars Hill town limits since December 1966. "He moved about 500 yards outside the town limits, but never bothered to tell the election people in town he had moved, so he was still listed on the registration books as living in town," said Walter Smith, Mars Hill election board chairman. Election officials, after learning of the potential problem, called for last week's bearing to determine whether Fox's candidacy should be challeng ed. But, after consulting election laws, the board ruled that Fox can remain in the Mars Hill race. "The law says that only registered voter* are eligible to file for office," Smith said. And Fox, according to Mars Hill's election books, was still a "egistared voter at the time he filed. "Acoordbg to the law, you cannot iust take a person off the registration woks Just because you know he has noved." Smith said. "You must ihallenge him and go through a far \ I Official Charged With Assaulting Officer The finance officer for t County school system charged with assaulting a police of ficer following his arrest on a drunken driving charge last Terry Uf GeUnan has charged Ronald E Smith, 35, with assault on an officer and communicating threats. GeUnan alleges that Smith, hired this year as Madison County schools finance of flew, struck him twice in the chwt during a scuffle early Saturday morn alleged asuult several hours after Getman arrested Smith on charges of driving while im I failure to keep right, ac sports. arrested Smith at Friday after alleged J drive through at a high rate center line i 'M '?*- S several times Authorities transported Smith to I Mart Hill for a Breathalyzer test - I and tllen to Burns viiie upon discover ing Man Hill's unit was broken - before leaving him at the Madison s Office for booking on j on Pages Lake Louise Project To Be Delayed Again "J pi [uu; d*?y n tb ike it nqiiimMat JL ** ??va? e<W? * to i virvuli T Bin I pec ted to be (in- <-i t mid* of lite cr rtructfon 1 building the recreation facility, Arii ie., of Ai ?l lata in daUveriaw Mated ?tuea J qui pro P jMbe ilea* H ( r delay on I iddl e ttw la ?>jctendit ines aroand the lake and i ?M Jpld aewer I igth town for 30 days at the time of the election. " he i.M. Had the election board found pro bable-cause to remove Fox as a can didate, the board would have had to -Continued on Page 9 Lunsford Withdraws From Marshall Race From Staff Reports The race for the Marshall Board of Aldermen already has its first casualty. Sammy Lunsford, a former Marshall alderman unseated dur ing the election of 1985, has withdrawn as one of eight can didates for alderman. He withdrew his name Friday - one week after the deadline for fil ing for municipal office. Lunsford, contacted over the weekend, said his decision to withdraw from the race was based on the unexpected candidacy of another former alderman, James "Booth" Marler, who is also a 30-year veteran in the Marshall -ConUaaed on Page ? School '$ rjf A *mbcC*u?tjr K1U '? f ? ? ,nM? !? Mh
The News-Record (Marshall, N.C.)
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Aug. 20, 1987, edition 1
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