North Carolina Newspapers

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 Nettles Says 'Great Mistake Made' 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.! barren case." 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 none yet. "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 tor Br.vson: ? "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 to Christmas * The Weathef CONTINUED COLD 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] \ i Two Canton Men Given 2-Year Terms 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 rape. 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 trial. 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 Piercy. 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 week. 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 Soil District ? Supervisor Elation Set 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 tion. Voting places will be: Canton?Farmers Federation Cecil?Robert Messer's Store Pigeon?Rickman's Store Cruso?iPoston's Store Maggie?Campbell's Store Fines Creek?Ferguson's Store j Jonathan Creek?Boyd's Store ; White Oak?Ledford's Store Waynesville ? County Agent's | Office 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 Davis, Secretary. 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. (Mountaineer l'hotol. Superintendents 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 system The four-hour meeting was held at Shepard's Ih'staurant, with Tonv Woodard. superintendent of the Swain County schools,, presi dent, presiding 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 dent. 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 luska. 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 tion. I 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 overflow. Mrs. Raione Died Early Today In Florida Hospital Mrs Josephine Plott Raione, 40. died at If: 15 a.m. today in Lake Wales 'Flat Hospital following a lengthy illness.. 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 tributions. ? 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 each year. 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 Monday night. 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 chairman. 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! School. 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 $42. 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. I 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 1 $883.54.) ! (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 j pounds 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 to warehouses. 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 ^ Christmas. 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 ImprovementHere 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 Nettles continued. 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 said. The Asheviljc jurist pointed to the conjeslion of the Haywood and Ji'ckson superior court docket with traffic cases. 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. Ordination Service To Be Held Sunday A service Of Ordination will be held at the Waynesville Presby terian Church Sunday night at 7.30 o'clock. 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 Aaron PrevoSt. 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 t 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 mission. Pledges already paid, as ot Wednesday morning this week, total $47,120.51, the recreation of ficials disclosed 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 show property. 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 and Associates. 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. Grasty Is Named Top '56 Player 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 night. 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 ^ courthouse,' ??? Highway Record For , 1.956 In Haywood (TO DATE) Killed ..... 4 (1955 ? 3) Injured .... 99 (1955 ? 83) Accidents.. 178 (L935 ? 159) Loss . ?. $63,950 (1935 ? 868,605) (This information compiled from records of State High nay Patrol.) 1 I ii