SSSd The Waynesyille Mountaineer
jL ? Published Twice-A-Week In The County Seat of Haywood County At The Eastern Entrance Of The Great Smoky Mountains National Park _____ ->
_ __________________ 1 *
71st YEAR NO. 99 22 PAGES Associated Press WAYNESYILLE. N. C.. THURSDAY AFTERNOON, NOV. 29, 1956 $3.50 In Advance In Haywood and Jackson Counties
Judge And Solicitor
Critical Of Verdict
Judge Zeb V. Nettles and Solici
tor iuaa 1J. Hi > son touK unie
Yvcdugsuay morning 10 leu aboui
buuMMpie in trie courtroom, ana
to tri^Kio tne eouri recoras, uieir
cvJ^B^jeiaine to me veruici
rt'iiueiccr i ucsuay aitiTuoon in lue
li iui ui Jdiitts i^.'liai run, a Can
ton taxi company' uispaicntr.
The jury leiuined a verdict ol
gumy 01 a.isauu on a leinaie. bar
ren, who was cnarged witn statu-:
tury rape was given Z4 monlns in!
puson, ine maximum uuaer cue j
WW lor Hie Vermel lenueicU.
Juuge lxcities said: i think'
there nas been a terrible mistake I
niacie by the jury in the Jafties t.!
Solicitor Bryson climaxed his |
lengthy siatemein by saying, "1 am I
iioi aone with this ma tier, and i '
wain. to empuasue, tnat i am not I
"l'ne verdict puts a stamp of ap- i
proval upon the licentious carnal I
intercourse of a male person with
cniidrea." the solicitor continued,
in nurt tones.
me statement in lull by Solici
? "Your Honor Please, occasional-1
iy a man meets Very great sur-1
prises as iie goes through life a-1
bout a great many tntngx. I do not
make u a point to criticize juries ,
and I am not about to criticize this ]
jury. ... x
" in this case ol State vs. James >
?. Barrett the ca.-e was caned day
before yesterday and concluded!
yesterday. The venire was ordered I
by this Court ind front that venire ;
and the regular jury a jury was i
lound to try that case. Tne jury
saw ill to render the verdict Which i
appears in the retold of an assault
on a female.
"1 ot course, have a right now"
to express nty opinion on the evi
dence. The evidence indicated, if
any of it was to be believed, in- j
eluding the statement of the de- j
lenoant to the officers trying to;
enforce the law in this County, \
that the defendant was guilty of
the capital felony of which he was
charged. The jury did not so find.
They, of course, used their dis
cretions. as they have a right to
do, and they had a right in anal
yzing the evidence to render a ver
dict under the law mal Your Hon
or gave them, and 1 think Your
Honor charged them properly as
to the law. It stands, however, af
ter all the intensive work that is'
necessary in the bringing, about,
the investigation, the preparation
for the trial oi these causes, brings i
a man to the point that he wonders
sometimes the conclusions people :
can reach. ^ have this statement i
to nytS? and I make it without
re? that "the verdict puts
the TOfa> of approval upon the
liceif^Ps carnal intercourse of a
male person with children." That
is my opinion about it.
"In view of the finding of the
jury in that ease, which included
a statement of the defendant to
these officers. I have now this fact
to state, that that case was many
times stronger tljan this one
tPiercyh This case involves the
statement of this little girl, and
most of the public heard what she
had to say about the matter. This
defendant has denied it to the
(See Judge Nettles?Page 2)
21 SHOPPING DAYS
Partly cloudy, windy with a few!
snow flurries late this afternoon.!
Friday mostly fair and cold.
Official Waynesvilll temperature
as reported by the State Test Farm:
Oate Max. Min. Pr.
Nov. 2ft 41 28
27 34 25
, ? " 20 Si 13 .03]
The two-week term of superior
court came to an aorupi end
about an hour alter it convened
Wednesday morning, following tue
acceptance of a pica of "guilty of
assault on a female' fount Vv. C.
Piercy, 44-year-oid Canton taxi
driver, who was eharged with statu
tory rape upon a daughter.
Piercy was given 34 months, the
same sentence given James E. Bar
rett, 011 thp same verdict late
Tuesday afternoon, following the
return of a verdict by a jury ol
"assault on a female". Barrett, too,
had been eharged with statutory
Solicitor Thad D. Bryson told
the court he did not feel he could
do any better in the Piercy case
than to accept the "guilty of as
sault on a female" plea, following
the jury's verdict in the Barrett
The solicitor pointed oul that
Barrett had admitted his guilt to
officers, while Piercy had steadilj
denied his guilt since his arrest
on August 6.
Solicitor Bryson, spoke at length
on the Tuesday verdict, pointing
out that "if the jury wants to stamp
their approval 011 such conduct,
they have it on their consciences'
to live with."
Judge Zeb V. Nettles said he lelt ;
the Solicitor had taken the proper
course in accepting the plea of
The adjournment of court Wed
nesday morning left about 100
cases on the docket which had 3t5
when court opened November 19.
Court was in session four days last |
week, and from Monday until
about 11 a.m. Wednesday of this
A special venire of 100 men re
ported to court Monday, and the
same number again Wednesday
morning. The county auditor's of
fice showed that the two venires
cost the county Si.000. Each man j
received $4 per day plus mileage,
the auditor's report shows. The
regular jurors were paid about
$672. the records showed
The next term of criminal court
is .set for February.
Other cases disposed of since
Monday morning include:
Mrs. Cecil Darnell, carrying con
cealed weapon, a lour-month sus
pended sentence invoked, and or
dered to work around the court
house and county buildings.
William Cansler Haynes. speed
ing, charged with costs.
Charles Derwood Smith, driving
(See Two Canton Men?Page..21
An election for supervisor of
the Haywood County Soil Conser
vation District will bo held dur
ing the week of December 3-8, it !
has been announced by D. S.
Weaver, chairman of the State
Soil Conservation Committee.
AH persons qualified to vote in
the general election are eligible to
vote for their soil supervisor.
Candidates whose names will
appear on the ballot will be R. 41...
Boone of Francis Cove, Watson
Howell of Cruso, Delniar Reed of
Cecil, and Van C. Wells, incum
bent, of West Pigeon. They have j
been nominated by regular peti- j
Voting places will be:
Cecil?Robert Messer's Store
Fines Creek?Ferguson's Store j
Jonathan Creek?Boyd's Store ;
White Oak?Ledford's Store
Waynesville ? County Agent's |
Crabtree?Ducket t's Store
Fast I'igeon?Singleton's Store
The candidate receiving the
highest number of votes will be]
elected for a three-year term, be
ginning January 1, 1957.
Voters may vote for only one
man. and must sign their ballots.
Soli supervisors are responsible ,
for developing and administering
the soil and water conservation
program of the Haywood County
Soil Conservation District.
Present board members are
Van C. Wells, chairman; D. J. I
Bo>d, vice-chairman, and Joe S. j
TWO ll.\YWOOD school officials discuss some
points with Claude Love, (center) assistant hi. C.
Attorney* General, as the school oiTieials of the
district met here Wednesday at Shepard's. On the
left is Kowe Henry, superintendent, t anion School
system, and Lawrence Leatherwood, risht, county
superintendent of education.
Of WNC Schools
Discuss New Laws
About 25 school superintendents
from the 18-county area of West
ern North Carolina met here Wed
nesday. and discussed w itli Claude !
Love, assistant attorney general,'
many laws ? relative to the school
The four-hour meeting was held
at Shepard's Ih'staurant, with
Tonv Woodard. superintendent of
the Swain County schools,, presi
Among the items discussed in
cluded. salary schedules; the
school law as passed by the spec
ial session of this year, covering
such points as assignment of chil
dren; assignment made by the i
local board; mandatory attendance
to school of assignment, and pro-1
cedure for transfer ol children
^roiii one unit to another.
N In another phase of discussion,
'it was brought out that Only those
things which can he classified as!
foodstuffs may he sold within the
school lunchroom. Books, library
books, instruction supplies, may be
sold wilhin the school under the
direction of the principal, who is
liable for all funds
LawTcnce Leatherw ood. Hay
wood county supci intendent. wel
comed the school officials. Other,
officers of the unit, which is parti
of the NCEA, are: Bill Byrd, Try-!
on, secfelary-treasui t r. and Karl.
Tunderbolt, AsheviUe,- vice pre,si-1
MRS. ATKINS CO WING HOME
Airs. James Atkins, who has been
in an Atlanta hospital tor the past j
two Weeks, is expected to return J
here tomorrow and wilt enter the
Haywood County Hospital. She is
recovering front injuries received
in a fall in Atlanta., lief suit and]
daughter-in-law. Mr. and Mrs. Joe
Jack Atkins, left today to accom
pany her to Way nc.svillc.
More Sand And
Gravel Found In
Trunk Sewer Line
Crew - that are cleaning t ho
? luiik sewer line have'gotten as
far ;ts the shore of Lake Juna- j
G. C. Ferguson, town manager,
said thai a large quantity of sand 1
and grawl had been found in the
line, but no other major obstruc
The crews are nearing the spot
Where a large quantity of roots
were pulled from the line a year '
or so ago. The cleaning is being i
done for engineers to make a sur- j
V( > and studj of the line in order
to try and correct the periodic
Mrs. Raione Died
Early Today In
Mrs Josephine Plott Raione, 40.
died at If: 15 a.m. today in Lake
Wales 'Flat Hospital following a
A native of Haywood County.:
she had been living in Frost
Proof; Fla . for the pas't five years.
She w as a member of the First j'
Baptist Church in Frost Proof.
She is survived by her husband, j
Paul F. Raione of Frost Proof, Fla,. |
the mother, Mrs. G. C- Plott of j
Wayncsville: three sisters. Mrs. J.
W. Battle of Andrews. Mrs. .1. B.
Luckadoo of Wyandotte. Mich,
and Mrs C, F. Rhinehart of I
Clyde; two brothers, Haywood
Plott of Skyland and. Robert
(See Mrs. Raione?Page 2)
United Fund Needs $1,568!
To Meet Campaign Quota
United' Fund leaders were push
ing today to raise $1,568 needed
to reach the $31,297 goal of the
year by Monday night, when the
attr^al meeting will be held.
Mrs. Raymond Caldwell, clerk,
said one area which gave $500 last
year, was being worked, and pro
spects for at least as much as last
year was indicated by earlier con
Russell Full/., president, said
the annual meeting would be held
at the court house 8 P.m. Monday.)
and officers and 17 directors
would be elected. A nominating
committee will report. There arc
54 directors, with 17 being elected
Charlie Woftdar d. campaign
chairman, was putting in a lot of
personal time this week, checktr -S
on "the clean-up" of the campaigfi, .\
in order to have the quota met by
The Canton-Bethel-Clyde United
Fund program for the year has
gone over the quota by $611, for a
total of $28,047.
Rev. Clayton Lime is president
of the area organization, and ex
pressed gratitude for the efforts
and contributions which made the
campaign for the year a success.
Dr. Carey Wells was campaign
Schoolmasters To Meet
Monday At Fines Creek
The Schoolmaster's Club w ill
hold a supper meeting Monday at
6:30 p.m. at the Fines Creek!
The program on "Our School
Legislative, Program,"will be pre
sented by the men of the faculty
of Fines Creek
Carl Ratcliffe will preside.
Burley Prices Better Than Last Year
A new opening-day record was
set. by Asheville hurley tobacco
markets Tuesday when an average
of $59.91 was paid to Western
North Carolina producers?lopping
the previous first-day high of
$58.72 for the 1951-52 season.
The opening day last year pro
duced an average of $56.32.
A total of $356,105.87 was paid
to growers at Asheville Tuesday
for 596,762 pounds of tobacco.
The top price paid at five Ashe
ville markets Tuesday was $66 per
basket. The poorest leaf brought
Following up the setting of an
opening-day recrd. the previous
high for a single dayvs sale at Ashe
ville was topped Wednesday when
the average climbed to $60.48
Opening day averages are usual
ly the highest of the sales season,
but yesterday's stronger following
to Tuesdaj's average departed
from that course.
Total poundage moved on the
Asheville market yesterday was
592.422 pounds, down more than
4.000 pounds from Tuesday's vol
ume. Total sales yesterday were
$358,094 14, above yesterday's
sales total by about $2,000.
iTwo sales reported today by the
ASC office were those of W. W
Russell of Pigeon, who was paid
an average, of $63.48 for 1.392
pounds of hurley, and Lynden Mc
Cracken of Upper Crabtree, who
received an average of $62 28 for
his 682 pounds.
Mr. Russell told the ARC that
I he sold 90 pounds of hurley for
56 cents. 232 pounds for 61 cents.
388 for 64 cents, and 682 pounds
for 85 cents. His total receipts were
! (County Farm Agent Virgil L.
Holloway estimated previously that
Haywood County's hurley crop will
bring producers well in excess of
one million dollars. He also pointed
ou' that specialists have termed
lilt" quality of Haywood tobacco
| as among the best in the entire )
: hurley belt.i
Tuesday's volume of 596.762 !
; pounds did not come up to last \
| year's first day volume of 626,702
Nor was it the total poundage [
that could have: beert sold under!
I the poundage basis which allows ;
a maximum of 604.800 pounds per
day to be sold.
A general cold snap tightened
it- frigid siege on rural areas,'
and slowed movement of tobaeco
At Boone, 198.336 pounds of to
bacco were sold for an average
of $59.32, while at West Jefferson
an average of $57.47 for 293.198
prunds. Boone's total poundage
was held down by the two-inch i
snow and the 23-degree tempera
ture in WataugaX'ounty.
Last year Asheville warehouses
sold 10.235.878 pounds at an aver- j
age of $57.18 per hundred, accord
ing to official figures of the U. S. I
Department of Agriculture.
Asheville market is operating on
a poundage basis, permitting sale
of 302,400 pounds and 1.800 bas
kets daily for each set of buyers.
Sales will run for 19 days be
fore the Christmas holidays. The
market will close after December
21 and reopen on January 2 in
observance of Christmas. LaSt
year the belt markets handled a
record 80 per cent of total gross
sales during the 17 days prior to ^
In Kentucky an. over-all average
of $60.25 was reported by 13 of
the state's 29 markets. The high
in the Blue Grass state was at }
Paris, Ky., where the opening day
a erage was $62.18.
In Tennessee, 12 markets re
ported averages of from $57.94 at
Newport to $61.45 at Ifogersville. i
Haywood Producers Getting
High Averages For Burley
Because of the exceptionally high quality of Haywood County's
burley tobacco crop, most of the county's producers have been get
ting good prices for their leaf in the first two days of the 1956-57
market season at Asheville.
According to figures reported by the ASC office, Karl Mcsser
of Jonathan Creek sold 1,574 pounds of burley for $1,012.58?an
average of $64.33 per hundred.
Mr. Messer sold 152 pounds for 61 cents, 354 pounds for 63
cents, 402 pounds for 04 cents, and 666 pounds for 66 cents.
Another high average was reported by Joe Clark of Fines
I Creek, who sold 1.464 pounds of tobacco for $040 22 ? an average j
of $64.23 per hundred.
Mr. Claik sold 206 pounds of burley for 60 cents. 304 pounds i
( for 63 cents, 434 pounds for 65 cents, and 520 pounds for 55 cents.
Weaver Chambers of Crabtree, another leading county pro
1 ducer, sold 3,472 pounds for $2,156.55 ? an average of $62.11 per
J hundred. ^ ?
Benefits Seen For Haywood
In Having Court Clerk Serve
As Judge Of A Traffic Court
Judge Zeb Nettles
Sees Plan As Big
Judge Z.eb V Nettles, like s?
many others, sees a definite need
for a traffic court in Haywood ?
a.-, well as many other counties
that do not have a county
or recorder's court.
His suggestion is that the clerk
of court be named judge of the
traffic court, just as the clerk is
judge of the juvenile court.
The operation of such a court
Mould be beneficial to the county,
the jurist pointed out. during an
interview here Tuesday.
'Defendants in traffic cases 1
culd go to the clerk, tjudgo and
enter a plea of guilty, pay their j
fine and cost, and be on their way. '
A it is now they are bound over j
to Superior Court, and if they live
away from here must come back, j
or surrender their bond," .lodge
The jurist said a state-wide bill
would have to be passed by the
Legislature in order to establish |
such a court, and that uniform
fees, and fines should be estab
lished for the entire state.
Under the set-up a defendant
could appeal from the Traffic
Court to Superior Court.
The court set up with the clerk
serving as judge would be far
more economical than a regular
county court which would have to
have an entire staff. Judge Nettles
The Asheviljc jurist pointed to
the conjeslion of the Haywood and
Ji'ckson superior court docket with
The establishment of a lower
court in Haywood has been dis- j"
cussed at different times. The
present law gives the eommission
ei - the right to establish such a
court, but the officials point to
the high cost of operating and
maintaining such a court.
Judge Nettles said a state-wide
hill making the clerk as judge of
a traffic court would not be ex
pensive, "since the machinery" is
all set for such work.
To Be Held Sunday
A service Of Ordination will be
held at the Waynesville Presby
terian Church Sunday night at
Those to be ordained as ruling
elders arc Whitencr H. Prevost.
and Dan Watkins Ordained as
deacons will be Bruce Alexander. (
John Shelby. John Metzger, and
The Rev. Calvin Thielman, pas
tor. will officiate and other church
officials w-ill participate.
IT WON'T Hi: LONG NOW until Wayncsvllle's Main Street will
again glow with Christmas lights. Ilere, town erewmen are put
tins colored bulbs in sockets in preparation for turning on the
tights this weekend, (Mountaineer Photo*.
$3,900 Siill Unpaid On
Recreation Fund Pledges
Approximately $u.9uu still re
mains to be paid in pledges to the
WayneSville llecreution Commis
sion fund drive, conducted this
summer to build a swimming pool,
it has been announced by Rich- I
aid I,. Bradley. president, and
Euel Taylor, treasurer, of the coiti
Pledges already paid, as ot
Wednesday morning this week,
total $47,120.51, the recreation of
Those persons who have not al
ready paid their pledges are urged
by the recreation officials to make
payment to Joe Davis at the First
National Bank to enable the recre
ation commission to reduce its
debt of $(1,000 on the former horse
Waynesvillc's new swimming
pool, designed by architect Henry
Fey and built by the W. C. Norris
Construction Co.. was opened here
Labor Day and kept in operation
for a short time until the advent
of cool weather.
The lotal price for construction
of the pool, including the wading
area, was $48,850.29. After the
pool was closed in September, fin
ishing touches were put on filtra
tion equipment, and a metal fence
was erected around the property.
The Waynesville Recreation
Commission now owns approxi
mately 20 acres in the vicinity of
the former horse show grounds.
Included in this property are an
18-acre tlact purchased from the
Haywood Horse Show Association:
a lot sold for $1,600 by the Lions
Club, and a third section of land,
bearing a sale price of $4,000,
which was donated to the Recre
ation Commission by W. I. Dooly
In August the commission staged
a horse show here, which brought
a profit of $1,097.80. In addition,
the commission also has realized
$49.14 on fees" from three com
munity auctions here. $100 on rent
for horse barns. $136.50 on sale of
hay from fields on the property,
and $143 on the sale of a metal
fence erected for the horse show.
The board of directors of the
recreation commission will meet
at 8 p.m. Thursday in the Chamber
of Commerce office to discuss
plans for 1957.
MRS. McCALL IN HOSPITAL
Mrs. W. Sherrod McCall is re
polled in "good condition" at the
Haywood County Hospital where
she is a patient.
Fullback Hugh Grasty was -t
loeled as the team's most valuable
player and 36 letter winners were
named at Aie annual Junior
Chamber of Commerce banquet
honoring the 1956 Mountaineer
football team, held Tuesday night
at the WTHS cafeteria. * '
An "added attraction" at this
banquet was the introduction of
Coach Boyd Allen and co-captaii ?
Billy Stanley and Jackie Conard
of Canton High School, who will
play Washington for the state
; Class-AA championship at Canton
1 Friday night.
Despite the long and strou.
1 rivalry between Canton and Wa>
nesville. the visitors front, CHS
were given warm praise and best
wishes by several of the speakers
I on the banquet program Tuesday
C. E. Weatherby. principal of
(See Hugh Grasty?Base 7)
DRAFT BOARD SEEKS CLOM/
j Anyone knowing the where
; abouts of Carl Leroy Clontz lias
been asked to notify the drait
board on the third floor of the
Killed ..... 4
(1955 ? 3)
Injured .... 99
(1955 ? 83)
(L935 ? 159)
Loss . ?. $63,950
(1935 ? 868,605)
(This information compiled
from records of State High