if Has More Paid-in-Advance Subscribers In Haywood County Than -111 IVcekly Xewspapers Combined WAYNESVILLE, NORTH CAROLINA THURSDAY, FEBRUARY 16, 1933 "rC s"-" Jury Returns Verdict of "Not-Guilty ' In Charlie Rose Murder Gase Here HIRY OUT FOUR HOURS REACHING THEIR DECISION ' Hardest Fought Legal Battle In County's History Ends Saturday. 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 confession. 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 night. . 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. Alley, Jr., 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 Sheriff Lowe Guns Were Stolen From Hard ware Store In Gastonia, Prisoner Says. 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 rifles. 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 Early Wednesday Total Loss Is Over $10,000, Is Said. Partially Covered By Insurance. 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 summer home. The fire departments irom . vay ..;n r,,i Puntnn iKPi'f called. ' but as there was not water available, neither responded. 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 ished. .. 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 surance Firm. 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 Lumber Company. Waynesville Junior Order Will Have Annual Banquet - 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 Tracts. 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 recently. 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 state. 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. Bechtel. 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 Illness. 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 short time 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 us."-' 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 December. Louis Carnish, brother to Randolph, was turned. over to juvenile court for trial; .; ' -,, The remainder of the gunb are still missing. , . ;"; . CONSTRUCTION OF SOCO GAP ROAD IS ALMOST ASSURED 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 highway commission. 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 actual construction. 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 Clyde.: (Contributed.) 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 Yesterday Afternoon Plans Being Made To Erect A Park Entrance Sign 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 Park." 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 embankment. 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 about $:i()0. It is thought that a small retaining wall will be built at the loot of the courthouse embankment. Because of the downpour of rain Tuesday work was suspended until bftter weather. Judge Alley Will Address Members 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, hour. 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 Attractive Window 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 time, . 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 Post said. All members of both organizations are urged to be present at this special meeting1. CHARGED WITH KILLING SMALL BOY WITH CAR Trial Consumes Little Over A Day In Superior Court Here. 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 Wednesday afternoon after being out on the case for two hours and twenty five minutes. 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 testimony. . The deceased is said to have -been walking along the side of the high way, on the right side, at the time of the accident. 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 day morning. BaffdadTeinple"213 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. February 19. 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 vention. I 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.