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WAYNESVILLE, NORTH CAROLINA
THURSDAY, FEBRUARY 16, 1933
Jury Returns Verdict of
"Not-Guilty ' In Charlie
Rose Murder Gase Here
HIRY OUT FOUR
' Hardest Fought Legal Battle In
County's History Ends
At 4-30 o'clock Saturday afternoon,
the jury in the Charlie Rose murder
case, returned a verdict of "not guil
tv" after deliberating for 4 hours and
"i mniutes on one of the hardest fought
legal battles ever tried in a Haywood
court. , ,
Charlie Rose, 18-year-old negro,
was charged with the killing of Will
Ray deputy sheriff, who was a mem
ber of a posse searching for Rose on
the afternoon of September 6th in the
woods near the negro section of Way-,
nesville, after Rose was alleged to
have criminally attacked a 5 year odd
white child at a hotel here. '
Rose went on trial Inst December
for the alleged attack and was given j
a sentence of 10 to 15 years for a
verdict of "assault with attempt to
rape." The jury in this case was out
over 24 hours. .
He was held in the local jail await
ing this trial since his sentence last
December. He was not carried to
Raleigh as some thought. '..'"'"
About 3 o'clock Thursday afternoon
the jury for this trial was begun, No
witnesses were heard until court con
vened Friday moraine. '
A night session was held I riday
night until nearly midnight. All the
lawyers made their arguments at the
night session except Solicitor Queen.
Saturday morning . Solicitor Queen
made his argument to the jury and
Judge J. H. Clement made his charge.
The jury got the case at 11:45.
Judge dement took one -hour and
eighteen minutes in his exhaustive
charge to the. jury.. He first defined
homicide, explaining thdre are three
classes excusable, justifiable, and un
lawful. Unlawful homicides, he said,
are of three kinds, first degree murder
second degree murder, and manslaugh
ter. He defined malice as general and
particular, the general as being of
the kind that a maliciously bad man
might have against mankind. .He
also, denned premeditation and. .deli
beration. He then reviewed the evidence on
both sides, and pointed out that a
confession Rose is alleged to have
made, if such it might be called, of
the defendant was competent only if
it was made while in his right senses,
or not under duress; but if the jury
should .find that he was unduly excit
ed, or under threats, or in unlawful
duress, the jury should not consider it.
The state introduced a signed con
fession, made by Rose on the night
of September 6th. It was made a
few hours after being placed in jail
here . During cross examination. Rose
denied many of the statements in the
The defense introduced two negro
witnesses who testified that Rose was
in the Patton house when the last two
shots of the gun battle were fired.
The outstanding argument in favor
of the state was the testimony of
Howell McC'racken, while the testi
mony of Ella Keaton and Emma Pat
tun was outstanding for the defense
besides the defendant's own testimony.
Throughout the trial, the courtroom
has been filled almost to capacity.
Even a large number Was in atten
dance during the night session Friday
When the jury made known the fact
that they had reached a decision Sat
urday afternoon, the courtroom was
one-third full. The audience waited
patiently for uh court reporter to ar
rive. When the foreman of the jury
said "not guilty" a great hush came
over the courtroom ,and then a negro
. woman in the gallary showed her feel
ings by laughing, and the whole aud
ience then broke the silence.
The defendant' looked at the judge
and gave one broad smile of satisfac
tion as he arose to follow the deputy
sheriff back to jail.
Judge Clement told the jury that
he had no comnlaint to find of the
verdict, as it was a trying task, and
u haw! naco Tow tViri inrftf show
ed siirric of their, strenenous task of
the two days.
The usual Saturday afternoon
crowds soon got the news on the
streets and in a few minutes groups
n-. . 1 .J .u.:.- a,ta tVio Ti.r.
"cit gaiueitru lailwxiK uvci tut
.diet and the high spots in the case.
Attorneys for the defense were the
firm of Morgan, Stamey and Ward, of
this city, and George Ward, of Ashe
ville. The state was represented by
Solicitor John Queen and Felix E.
Dr. Sam Stringfield Was the first
state witness to take the stand. Dr.
oinngneid testified as to the position
of the bullet when found in Ray's
head, it having entered just above the
nose and lodging in the tissue of the
. brain. ;
The second witness to take t) p
stand Fridav was Fred Caldwell. Chief
of Police of Wavnesvillf. CAldwell
(Continued on ".lack page)
Man With 9 Guns
Arrested Here By
Guns Were Stolen From Hard
ware Store In Gastonia,
Reaselv. of Gastonia. and
formerly of this county, was arrested
hrp AfonHav bv Sheriff J. A. Lowe
on a charge of breaking into the
Franklin Hardware Store in Gastonia
and getting about a dozen guns and
Monday afternoon Deputy Sheriff
Will Carver went into the Panther
Creek section and found 6 shotguns
and 3 rifles. Two of the shotguns
were double barreled.
Gastonia officials arrived Tuesday
anA yorripH thp nrisoner back to Gas
tonia to be tried. He admited that
he was guilty of the offense.
The sheriff's department have trace
of four more of the guns, and thought
they would be found within a short
time. Beasely was selling the guns.
The alleged crime is said to have
occured on the 3rd of January, ac
cording to a notiqe received by Sheriff
Lowe from Chief of Police J. C. El
liott, in Gastonia. .
Sheriff Lowe started his investiga
tion immediately after he "received
the tip" from Gastonia officials.
Medford Farm House
Destroyed By Fire
Total Loss Is Over $10,000, Is
Said. Partially Covered
The Medford Farm, well known sum
mer resort boarding house, was com
pletely destroyed about 4 o'clock Wed
nesday morning, when fire of an un
known origin burned the entire build-
on aafimntpri Iors of about
$10,000, which was partially covered
by insurance, u was 'leanieu.
iMr. and Mrs; J. H. Gossett, owners
of the farm, live in a house near the
The fire departments irom . vay
..;n r,,i Puntnn iKPi'f called. ' but
as there was not water available,
five or six cottages near
thp main house, but these were not
destroyed by the flames. '
The main building was a. iu-n.uiu
, ,. Qiiri wi lwpn in use for-
30 summers. It was .completely furn
The farm is located about a mile
west of Clyde on Highway No. 10.
New Real Estate
Firm Opens Here
W. A. Bradley And L. N. Davis
Open Real Estate And In
W. A. Bradley and L. N. Davis,
both well known here, have formed
a real estate and insurance company
.m ; thn future handle all kinds
turn vm in v.---
of real estate, rentals and sales and j
insurance unuer ine mm name
Bradley-Davis and Company.
For the present the new firm has
temporary quarters at the Suncrest
Lumber Company office. One of the
members of the firm stated yesterday
that they would move within the near
future to quarters up town. No def
inite location has , been selected at
this time, it was said.
Both members of the new firm wer
formerly connected with the Suncrest
Order Will Have
- Waynesville Council No. 373 Jr. O.
U. A. M. will give their annual ban
quet at the Methodist church,
Wednesday evening at 8 o'clock. Hon.
Lewis P. Hamlin, State Councillor of
the order and other prominent speak
ers, will be on the program. Music
by string band, and .mule-;. quartet.
Supper 35 cents per ''-I'la'to. The re
cent contest in Waynesville Council
between the "Reds" and "Blue" re
sulted in the "Reds" winning and the
"Blues" pay for the supper which will
b served by the High School and
Way.nesvillo Elementary School. .
Every Junio . , v, hothey ' a "Red"
or' a "Blue" is'uvsj i e present.
All members are also urged to attend
the next regular meeting of the Coun
cil next Tuesday evening, Feb. 21.
$975,163 IS PAID
FOR 32,521 ACRES
OF LAND IN PARK
Iiavensford Lumber Company
Has Asked $3,000,000 For
The Ravensford Lumber company.
Inc., was awarded $975,163 for a tract
of 32,521.11 acres in the Great Smoky
Mountains National Park area in (the
report of the commissioners, Judge J.
S. Manning, T. Lenoir Gwyn. and W.
N. Garrett, filed in the office of the
clerk of superior court in Asheville
The lumber company had asked
$3,000,000 for the propemy. which
represents the last tract not under
control by the North Carolina park
commission for the park area in (this
Both the park commission and the
lumber company may appeal from
this award by the commissioners and
carry the case through the courts
again. No indication was given today
as to what action was contemplated.
Attorneys for both sides were en
gaged in studying the report.
The report of the three commis
sioners, who were sworn Til on No-j
vember 16, set.v forth that iihe Rav
ensford Lumber company shall have
six months in which to remove ma
chinery, equipment and personal prop,
city. The property of the Appa
lachian Railway company, operated
in i;he Ravensford tract, was not hi
the condemnation proceedings.
The North Carolina Park commis
sion has acquired title in fee simple
to all the park area in this state with
the exception of three tracts:
1. The Ravensford Lumber com
pany, 32,521.11 acres, on which the
award has just been made.
2. The Thomas Rt Byrd estate
tract, 20,229 acres, which is now un
der contract to purchase just as soon
as the title is cleared by the disposal
of a suit brought" by Major John A.
3. The Suncrest Lumber company
tract, 32.057 acres, in which the park
commission owns a one-half undivid
ed interest by virtue of the payment
yesterday of $173,407.70 representing
the first $300,000 of the purchase
price of $600,000 agreed upon after
long litigation- The remaining $300,
000 may be paid in installments, the
title to be transferred when the $600,
000 is paid.
The action of the commission ap
pointed to assess the lands of the Rav
ensford Lumber company followed a
series of hearings in which lumber and
railroad experts were heard. Among
tho.-e appearing as expert witnesses
during the hearing were: W. A.
Bradley, of Waynesville; J. K, Alloy,
of Germantown, Pa.; J. 10. Woodman,
oi' - Jacksonville, .Flu.'; A. W, Me
x.auglin, of Waynesvilje ; , J. A. Sisk,
of Asheville;. C. TO.. Smith, of Canton ;
W. J. Damtoft. of Asheville; Will
Smith, of Marion ; A. K. Henderson,. of
Sylva; Robert Long, of Sylva ; T. C.
(ueen. of Brandy, Va.; E. Floyd, of
Brandy, Va.; and J. B. Smith, of Rav
ensford. Attorneys appearing for the park
commission in this action were: Judge
Frank Carter. A. Hall Johnson, and
Congressman Zebulon Weaver, At
torneys appearing for the Ravensford
Lumber company were Judge Thomas
L. Johnson and J.. Bat Smathers, of
Johnson. Smathers and Rollins, and
George H. Ward, of Jones and Ward,
all. of Asheville.
Mrs. Mack Hoglan,
61, Passed Away On
Last Tuesday, 14th.
Citizen Of Lower Cove Creek
Dies After A Brief
Mrs. M argaret : Hoglan, 61, wife
of Mack Hoglan, died at her home
on February 7 on lower Cove Creek,
Mrs, Hoglan had . been ill only a
She is survived by her husband arid
6 children, Hobert, Norman, Talmage,
Hubert, and Mrs. Lloyd Teague and
Mrs. Clinton Howell.
Interment ws made at the Yar
borough cemetery with Rev. Forest
Ferguson and Mr. Dock Russell of
ficiating.' The deceased was loved by all who
knew her. One frjend stated, "Al
though she has gone from our midst,
still her life will live on and on with
Negro Is Given 2
Years For Stealing
Randolph Carnish, negro, was sen
tenced Wednesday to 2 years at hard
labor on the roads for 'imposing of
stolen property,, which. .isisted of
one of the guns stole n w orn the
Waynesville Hardware -'Conipany last
Louis Carnish, brother to Randolph,
was turned. over to juvenile court for
trial; .; ' -,,
The remainder of the gunb are still
missing. , . ;"; .
SOCO GAP ROAD IS
General Feeling; Is That Am
mendment To "Road Suspen
sion Bill" Will Pass
Although no definite action had
been taken, word from Raleigh indi
cated that the amendment to the high
way suspension bill recently present
ed to the General Assembly by Sena
tor W. R. Francis asking that the Soco
Gap road be exempt from the act
which provides that all highway con
struction be suspended for a period
of two years, was "virtually through,
and little difficulty was expected.
Announcement was made last week
that Senator Francis had been given
much support on -the matter and the
final reading was expected to be pass
ed upon without debate from any
member of the legislature.
If present plans go through, and
they are expected to, a crew will be
placed at once on the road, according
to information reaching here from E.
B. Jeffress, chairman of the state
The survey for the Soco Gap road
was cjmpleted some few weeks ago.
and a great deal of anxiety has been
manifested here since that time await
ing late developments in beginning
Those who have been in constant
contact with the developments of the
Soco Gap road project were more
optimi-itic Wednesday than at any
time during the past few weeks.
W. M. FRANCIS, 62,
PASSED AWAY ON
I AST WEDNESDAY
Native And Well Know Citizen
Of Haywood Buried At
A good and useful citizen gone. On
Wednesday morning, Feb. 8th. at 6:45
o'clock W. M. Francis passed quietly
to the beyond from his home in Clyde.
He had been living here several years,
making for himself a large place in
the community life and in his church.
He was born near Waynesville, April
9th 1861. Married to Miss Ellen Me
Cracken of Crabtree April 10, 1882.
He spent a large part of his life as a
citizen of Crabtree. Here he came
early-to-leadership in the old historic
Baptist church. He served his church
in the various official capacities of
teacher, clerk, Sunday School, super
intendent, and deacon. As he served
there, he also served in (he various
communities where he lived later.
He was a citizen of South Carolina
f'.ir a time, also spent .several, years at
Kehts. Store, Va.. and like so many
other Haywood boys who wander
away, came back to give bis native
c lunty . his mature year-. He lived
jp' t the traditions of an honored an
cestry and with the other members of
'his family have marked' a safe path
across life's span for those now be
ginning the journey.
It was said at his funeral service
that he never knew what it was to
be just an ordinary citizen, for from
e irly manhood he was a chosen leader.
His like is rarely seen, for he took
the burdens from the shoulders of all
who seemed heavily loaded. He was
never laid on the shelf nor did he
give the cankering elements of corro
siveness a chance of attack. A busy
man always, quick to hear the cry
of distress or to see the condition of
peed to meet it.
He was nearlf 73 years of age at
his death. Buried under the sod in
the shadow of the Crabtree Baptist
church where the pride of his younj;
manhood had fruited and will -continue
to bring a harvest.
He is survived by his companion
and four sons: Coman and Paul of
Clyde. N. C, Grover of New Jersey,
and Max of Wilmington, N. C, and
several grand children. Two brothers,
Albert Frances of Waynesville, and
Joseph Francis of Jonesboro, Tenn.
The going of a man like this is an
opportunity and a challenge to younj;
men to move up and fill the vacancy.
Often a gap like this makes, room
for more than one. Opportunities for
service are thus opening fast for
young men to prove that the blood of
patriotism and Christian heroism has
not become diluted.
Asheville To Play
Here Friday Night
The Waynesville Mountaineers will
play .Asheville High School Friday
evening. February 17, on the local
cnurt, at 8 o'clock. Admission will be
15 and 25 cents.
This will be the first appearance of
theMaroon team on the local court in
several year? and the game is being
anticipated with interest.
A-hevi!!e High boasts of one of
the best teams in North Carolina,
having lost only 2 games this season.
The record of the Mountaineers has
not been as good but great improve
ment has been shown in 'the last two
samps' with Canton and Christ School
and they expect to put up a real
Mountaineer scrap Friday nij;ht.
Tom Cope Is Found
Guilty Of Manslaughter
Plans Being Made
To Erect A Park
The Mountaineer was told
Wednesday morning by Mayor
C. B. Atkinson that he is mak
ing plans to start a drive to
raise funds to place a huge sign
across the intersection of Depot
street and Main street showing
that Depot street is the "East
ern Entrance To The Great
S m o k y Mountains National
Plans call for the sign to ex
tend ti'om the corner of the first
National Bank building to the
corner of the courthouse- lawn.
The widening; of Depot street
at this point is already under
way, and the drive for the "sign
fund" is expected to begin at
an early date.
Work Is Begun In
Widening Depot St.
. Work was started Monday morning
in widening Depot tsreet opposite the
courthouse, and the laying of a nar
row sidewalk next to the courthouse
The work is being done under the
.supervision, of the street department
of Waynesville, with the cooperation
of the county commissioners who are
furnishing the materials for the work.
Labor for the work is being furn
ished by the relief workers of the
county, .Thecitiy is furnishing trucks
and drivers to haul the dirt away
from the site and to haul the build
ing materials for the paving.
Will A. Hyatt said the cost of the
street improvement which will include
the completion of the job would be
It is thought that a small retaining
wall will be built at the loot of the
Because of the downpour of rain
Tuesday work was suspended until
Judge Alley Will
Of Bar Association
The bar association of the 20th judi
cial district will meet m the court-:
house in Franklin, Friday afternoon
at 2 o'clock. At 7:"0 o'clock a ban-1
()uet will be served.
The address of welcome will be
given 'by. George B. Patton, mayor of
j 'i ... ii li 1 1 n. Thn will be followed by
, .i address by Judge KolixE. Alley,
oi' Waynesville. String music will be
n address by Judge Felix E. Alley,
M. W. Bell, of -Murphy, is president
of the association. amMieorge B. l-'a;-t'Hi,
of Franklin, is secretary.
The memliers of the Franklin bar
ate expecting a large number to at
tend this meeting.
Alexander Has An
Display Of Candies
One of the most attractive window
displays of the. season, was put in
Alexander' window yesterday by Dr.
J, C. Murphy. The display centered
around (Jeorge Washington featur
ing chocolate covered cherries.
A large framed picture of "The
Father of Our -Country" -was. placed
in the center of the display.
Judge Frank Hill
Holding Court Here
Judge Frank Hill, of Murphy, ex
changed with Judge Clement, of
Winston-Salem, and will hold the re
mainder of the present term of court
here. Both families of the two judges
have been in ill health, and the jurists
wanted to-be nearer them at this
Judge Hill was holding court in
Judge Clement's home-town when the
change was made.
Special Legion Meeting
Will lie Held Next Tuesday
On Tuesday night at 7:30 at the
Masonic Temple, a special meeting
of the American Legion and the Leg
ion Auxiliary will be held for the
purpose of disposing of some pressine"
business matters, officials of the local
All members of both organizations
are urged to be present at this special
BOY WITH CAR
Trial Consumes Little Over A
Day In Superior Court
JURY WAS OUT ON
CASE ABOUT 2 HOURS
A jury returned a verdict
"guilty of manslaughter"
in the case of Tom Cop;
shortly before 2 o'clock
after being out on the case
for two hours and twenty
Tom Cope went on trial Tuesday
charged with the murder of Cecil
Huff. 7 years old. near Sar.oc': dvring
the fall of l'.KSU. when Cope is al
leged to have struck Ruff while driv
ing a car in the direction of Sylva on
Highway No. 10.
Cope was tried soon after the ac
cident and a mistrial resulted. Later
he was tried and convicted, and sen.
tenced to 10 years. An appeal was
made and a new trial was granted.
The defense during this trial main
tained that the defendant was not
driving the car at the time of the al
leged accident, but that Charlie
Mathis, a companion of Cope's was
driving. Several witnesses testified
that they saw Cope at the right side
of the car and that he was not driv
ing. One witness stated that he was
nut driving when the car left Hazel
wood. Other witnesses said ('ope was not
driving when the car parsed the
church, which was a few hundred
feet beyond the scene of the ac
cident. Mathis, state witness, stated that
Cope was driving the car and he told
him to slow down, Mit instead he
speeded up and continued on. He
said be did not see the car hit the
child, but felt the impact.
Soon after the accident happened,
r'aye Cope, father of Tom Cope, was
arrested and brought to jail. Other
ollicers not knowing that Fayc Cope
had been arrested went to the Cope
home and were toj,-! by Tom in the
presence of Mathis, that Tom was
driving at the time of the accident but
later said Mathis was driving lie
cause he did not want his father
(Kayo) lo know that he (Tom) had
let anyone else drive the car that
light, it v.-i.s brought out during the
The deceased is said to have -been
walking along the side of the high
way, on the right side, at the time of
Judge "Hill limited his charge to
thf iury to :!" ininutes and the ease
w i sent to the jury at 1 1 i.'iii Wednes
Will Meet Tonight
Members of Bagdad Temple N, 21:5,
I). O. K. K.. will hold their regular
monthly meeting in the lodge rooms in
Canton. Thursday night at 7:li0
o'clock it was announced here Tuesday
by A. M. Blalock, lodge secretary.
Discussion of preparations for t'ne .
spring ceremony will feature lihe
meeting, officials raid. This will be
the first meeting held since the elec
tion of new officers ovcral weeks
ago. A. P. Ledbclter. royal vizier, of
Waynesville, will preside over Thurs
day night's meeting. A full attend
ance is urged, by the secretary.
HAYWOOD (JIRLS TO
COMPETE IN DISTRICT
MEETING ON SUNDAY
Misses Ila Green and Hattie Slier
Freeman have been selected from the
Haywood Baptist association to com
pete in the Stewardship contest to
be held in the French Broad Baptist
church, Asheville, Sunday afternoon.
They were selected by a competi
tive contest in the Haywood associa
tion held some time ago. This , is a
contest in leady put on by the west
ern district of the Woman's in
ary Union of the State Bapt. l in
OYSTER SVI'PER SATl'HPAY
The Woman's Auxiliary oc- the
Presbyterian' church will serve a In n
efit supper Saturday evening, Feb
naiv.S. from 5:.'!0. ti, S: . le
V.:. YV V". Cafe. A cl- : . , an
, -s' - v . ( : -"fiiked ham .plate will be
served with hot rolls, coffee. 'and des
- "rt for :!") cents.