North Carolina Newspapers

4 v . v, f Plan To Attend.East Caro Two Sections lina Folk Festival Kenan Memorial t Auditorium " Friday, Saturday, Septem ber 12 and 13. Off c-o-ry ;i,H' I 18 Pages Hiis Week V I J . 1 . - - I . ! VOL. 19. NO. 35. SectiwiOfte Nicholson. Case Moving Becomes Apparent Late Sheriff ; And His Deputy Both On Trial Dunn, Boney Are Defense Lawyers Jesse Jones Aiding Solicitor Britt May Reach Jury 'Some Time Friday BY CAROLYN CRAVEN , - Special Times Report . . i After a grueling nine hours of .. testimony, yesterday, by the de ' (fendant, the embezzlement case against Charles Li .Nicholson, for mer deputy sheriff for. Duplin County, was gradually nearlng the 'Jury , stage. 'r- Interest has run high all week in the trial with large crowds at al most all comrt sessions and the 'court room has been taxed to standing room capacity at the two special night sessions on Tuesday and Wed. His honor, W.H.M.S. Burgwyn, presiding judge, decided' early in the case to hoid these spe cial night sessions when the trial got off to a slow start due to the necessity of so many financial re-, ports and records being Included in the court record. -. . It took almost the entire day of Monday, first day of the trial, to get jury from the regular jury panel and a apeslal venire of 125. The. jury was selected by prosecut ing attorneys,. District Solicitor "Walter Britt and , Jesse Jones, Kinston and defense attorneys Norwood .Boney, Kenansville, and Judge Albion Dunn of Greenville. - County Auditor F. W. McGowan, first witness for the., state, took the stand late Monday afternoon end testified that Nicholson had , signed, four of the receipts totaling the largest amount of the money received and never deposited in the bank and that the late- Sheriff Ralph Jones had signed the fifth receipt. The receipts -signed far by Nicholson totaled $3,835.50uTh receipt signed by the late Jones . The largest, part ofy4he money 'Missing was from the, County tax fund .although . some was taken ' from a fund labeled 'petty cash' In the Sheriffs office. if When the shortages were dle '. covered In June, 1951. Mr. MoGow- an testified that the defendant told - him in . the presence of Sheriff Jones that the money had appar ently been stolen from his . desk . when he was called away from thai office for a few minutes to go ,to the. jail, and that when he return- ed and did not find It he made a thorough search for It but dldn.t 1 report it as he felt it was due to I bis carelessness and would cost him Ma, job. The second witness for the statftestlfled that he and Perry Smith, was Mrs. Hilda Booth, who Had taken down and transcribed the " first statement that Nicholson had made Jjefore the County Board of , Commissioners. The statement was -entered as evidence after Mrs. Booth Identified It as her work. This statement was the . one in which Nicholson told the commis ' v sloners the story of the money be ' lng stolen. Upon cross examination by the defense, Mrs. Booth admit . ted that she had later told the f defendant that he had gone so fast ... an( that gne was new at that type Work and that she was afraid she i hadn.t gotten down an accurate f statement This statement was - made August 4, 1951 and Nicholson ; resigned on the same day. - On Tuesday, Auditor McGowan , was recalled to the stand and his i testimony continued with a state- tnent that there were at times irom two to thirty days delay in money from the sheriff-treasurer's fflce being deposited, and If the , books awnt Data nee ac tne ena ol the month, these amounts were listed as outstanding deposits. ' mtanlng that the money had been received but for some reason had Mt at that time been deposited. - -) When the auditor asked Nichol son, late in July 1951, about an , outstanding deposit of $1830.18, he ' was told that there was a personal check of the sheriffs for that , amount to the safe and that it would be deposited. When he aa- IX 1 - , aln rfred altout it a few Am liter , he was told ., that the money had been stolen, - :- , In Nicholson's testimony yester- - v. day, he stated that the above story , i had reen tola Mr. aicoowen on orders from' Sheriff Jones. State Witness Dwlght Moody, - accountant for A. M. Pullen Co, .- ; who audited the treasurer's books for a period covering July 1949 -, to August 1951, corroborated th - shortages first found by Mr. Me i : : Gowan and whie htotal M-598.22. - The prosecution has stressed all ' through the trial that the majority of the deposits for the office were made by the defendant and that he endorsed all -county checks made out to that late Jones. ' In ' return, the defense has brought ou that Jopes, Nlchnjaon, and Perry Smith, former deputy sher iff, knew the safe combination and that Jonejs received the money whenever Nicholson was out of the office and issued receipts. SBI Agent James Durham, testi fying for the state told of coming to Kenansville on the case in Feb ruary 1952, and that the first time he talked to Nicholson be was told the money-had been stolen. . The next time he talked (to him, Nichol son told him that his first story was wrong, that the money had not been stolen , and that he didn't know where it was.: Durham stated that Nicholson invited him to in vestigate his personal bank account: to see that none of the county funds had .gone into that account. Agent Durham testified that there were six checks lised on Nicholson's de l-posits that coincided with amounts of County fund checks which he had endorsed as . office deputy. Nicholson, In his own defense to day, 'spent an hour and a half tes tifying as to amounts entered in his bank account over the two year period. He was able to identify his salary check deposits, witness fees, other fee checks, checks he bad cashed out of his packet for other officers and then deposited to his account, one large govern ment check, rand, a check for the sale of his car.. Agent Durham testified that he investigated the . bank account of the late sheriff, also, but that he could find no Irregularities. However,-upon cross examination, the agent did admit that Jones, depo sits had been far in excess of bis earnings. :- : . f . - - G. E. Alphin, County Tax Collec tor identified a check .'for $360.00 as a postal reimbursement check that he had turned over to the Sheriff's office. : The amount of this check, coincided -with a de posit to Nicholson's account. This check Was today explained by the defendant on the witness stand and he presented i evidence to show what sd made up that deposit in his personal .account. . , : ,) In a special iiignt session on Tuesday,, .the TasWthree witnesses for the jirosecutlen took the ataad. Xddis Cates, county commissioner of Faispn testified going to see Ni cholson with the Sheriff and re peated a story told him- by the sheriff In the presence of the de fendant that three men had been to see him and offered him money and support for his defense if he would Implicate the sheriff in the alleged shortages. . Mr. Cates said that Nicholson agreed that the sheriffs story was correct. In his defense testimony yesterday, Ni cholson stated that the reason he agreed with the sheriff was be cause he was afraid of him. - -i Sterling Marrlner ; ' oT Warsaw, former deputy sheriff under Jones, by request of the sheriff, went to see Nicholson In the first day or two of August 1951, to see if by taiung with .him they could help tnrow any light on the money which at that time had still been reported as stolen. Marrlner stat ed that Nicholson told them that he thought he knew who took the money but wouldn't say who. He also said, according to Marrlner, that some of Sheriff Jones politi cal enemies had stopped him In his car between Kenansville and Warsaw a few nights prior and of fered him money and support if ne wouio implicate Jones. Mar rlner stated that Nicholson told him and Smith that he refused because Jones was not involved in it any way. i Perry Smith, former deputy sheriff, corroborated Mar- liner's testimony by telling a sim- lar ol conversation with Nicholson. Yesterday, Nicholson, in his de fense testimony, testified that on the night of his conversation with Marrlner, Marrlner had tried to get him to make and sign a state ment tnat the sheriff was not In volved in any way. Nicholson said he refused to do this because he knew that the sheriff was involv ed although he had not said so up to that time.-':''' J ':; The first of the defense witness es took the stand today, with the inclusion of several character wit nesses who testified as to the good character of the defendant , ' One of the first important wit nesses for the defense was Jailer O. H. Home, who had been a dep uty under Jones. Mr. Home testi fied that he had seen the former sheriff on numerous occasions take money from a box in the sheriffs office safe 'and pay off his tobacco hands. He said he has also seen Jones put personal checks in the petty cash box, take out the cash for the checks and tell Nicholson not to deposit his personal checks, but to let him know if it became necessary. Entered as defense evidence during yesterday's session was the sworn statement of Nicholson made before the County Commissioners on May S when he repudiated hi former statement that the momy had been stolen from the office and testified that the late sheriff had taken the money, in various am I 1 y -' KENANS VILLE, ounts over the two year period 1949-S1951 until it totaled nVer $4100. The first amount cited by Nicholson that he found short wax $850 which carried for several months as an outstanding deposit. Nicholson stated that upon being asked by Auditor McGowan why he had he'.d the deposit so long he told him it would be deposited in a few days and reported to Jones that the auditor had questioned the amount. - Jones, according to Nicholson, got mad and said that he was the treasurer and the audi tor had no right to question his actions. - Nicholson said that Jones told him not to carry the $950 any longer but the next time a like amount came Into the office to de posit that amount in the place of the outstanding deposit. This was done-by Nicholson acting on in structlons from the sheriff, accord ing to the defendant. All through his testimony, .Ni cholson has steadfastly denied tak ing a cent of County funds for per sonal use and nas testified repeat edly that the juggling of records to cover up shortages was done not only with complete knowledge of the sheriff but on orders from the sheriff. aNlcholson, at one point In his testimony, told -the story of Jones threatening to kill him if he chana- ed his story to the commissioners that the money had been stolen. Nicholson made his sworn state ment on May 8 of this year, im plicating snerni jones in tne short age and Jones took his own life ion May 8. It has been quite evident during the trial that two men are actually on trial ny tne people ol the coun ty if not by actual llgitatlon the dead sheriff and the defendant. This has been proven by defense eitorts to prove blame for the shortages on Jones. . Although showing strain from so many hoursvon she witness stand, late . Wednesday night Nicholson stall seemed to be holding up well Under the rigiffrbsS fire examina tion from Prssecutinf-1 Attorney Jesse Jones.'''-- ....-.;,- He has answered with seemingly fingertip knowledge all questions regaraing nts personal bank de posits which the prosecution ,ky evidence and testimony had tried to show would trace the shortages to mm. on neing Shown trial balance sheets from the county auditors office, however, the defendant could not adequately explain why tne deposits ne had previously tes tified as outstanding were not list ed as outstanding in the exact fig ures thereof. When asked by the prosecution why he could remem ber the amounts on his personal bank account so well and how each deposit was made and yet couldn.t explain the figures on the trial balances, the defendant stated that he had his bank account with him all the time, and that he had not seen ' the balance sheets before. .He stated that the sheets were not made out by him but wre prepared by Mr. McGowan. The information on these sheets, reportedly, are tak en from' monthly reports given to McGowan by the office of Treas urer. ; - . ; Mr. Nicholson's father has been at his side throughout the trial and his wife has sat at his side during most sessions. ' His small daughter has been with him on two occas ions. ,: " -it The defendant is expected to take the stand again this morning, and the case is not expected to reach the jury -until Friday. j ' JURY LIST -A John A. Harrell, Major Lewis (Continued on Bade Sect. 1) GRADY-OUTLAW KELWON The 21st annual Grady-Outlaw Reunion attenders heard Demo 1 era tic nominee William Umstead as principal speaker this year. Speakers and participants on the program were, left to right, Bascom Lunsford, H. M. Wells, William Umstead, Judge Henry Grady. Wm. Hampton Grady and Paul D. Grady. - , , , (Photo by Paul Berwick) NORTH , CAROLINA, THURSDAY, SEPTEMBER 4, NICHOLSON TRIAL SCENE A photographer Tuesday morning snapp . " " deputy C. L. Nicholson got under way. In the case, wnicn nvoiyes : o - "JTV jU KhTaWalter 1 mnrimT PmcHIno l near desk are, Annual Street Dance Friday Night; Thigben Bros. To Play Tomorrow (Friday, Sept. 5th) is the time for the annual street dance in Kenansville. The Thig pen Brothers will be here to make the music. A call is being sent out to John Ivey Smith and Floyd Smith as well as Faison Smith to be present. and call the figures. The dance is scheduled to get un der way on the street in front of Gradys And Outlaws Lewis Oullaw tlanied The'lwenty-firsi annual1 Grady1- Outlaw reunion at the- B. -Iv Grady school on last Saturday, August 30th, went down as one of the most enjoyable affairs' of the history of the Grady-Outlaw Literary and Historical Association. More than 250 attended the gathering. The program got under way about ele ven in the morning when Judge Henry A. Grady, president of the Association since its inception in SS30 opened the meeting; High- liehtina the morning session was the annual address given by for mer United States Senator and tne present Governor-elert of North Carolina. Wm. B. Umstead. Um- stead told his hearers to guard ag ainst any inforads on your liber ty and to fight for what is right. 'Umstead than presented a replica of the Declaration of Independence and a photostatic copy of the Bri tish Magna Carta to the school on behalf of Judge Grady and his bro ther Ben of Washington City. Mr. Umstead was introduced by Paul D. Grady .of Kenly, who prior to introduction the speaker paid adequate tribute to Judge Grady and Albert T. uutlaw 01 Kenans ville who were retiring respective ly as President and Secretary. Following the main ' speaker Judge Grady introduced Lt. Wm. Hampton Grady of the Pentagon building in Washington, son ol Mr .an d Mrs. H. S. Grady of Kenansville. who told of his many experiences while serving with the Army In Japan and Korea. He brought along some souvineers he brought back home with him. He told of the educational standards in - . . .IllADA W H. S. HUrCWVIl. ft.t Hie iar the court house about 8 o'clock but at this writing, Thursday morning, it appears that court may be in session and will not permit the dance in front of the court house. In that event it will be moved to the school gymnasium and dance on the pavement between the Gym and the school building The weather man promises fair Hold 21st Reunion New Pres. Of Group ntries. to-anaeortaUon 4 vies theipeopiei farming mth and .diets and of several per sonal experiences in the Far last, the fetage and Was presented to the group.. -, ! -FallowtaB 'the morning program the group assembled in the school lunchroom wnere an oia zasmonea dinner picnic was served. In the afternoon they reassem bled In the auditorium, and heard the report of the nominating com mittee. Judge Grady and Albert Outlaw were elected president and secretary emeritus respectively for life. Lewis Outlaw of Albert- son was named president; Paul u. Grady of Kenly, 1st vice-president, Alvin Outlaw of Kinston, second vice-president and Malcolm Grady of Albertson,- third vice-president. Mrs. Ruth P. (Bob) Grady of Ken ansville was elected secretary- treasurer. Following the electioa of officers prizes were awarded to those brin ging the largest water melons. 1st. prize, Luther Outlaw, second, Durham Grady and third Jimmy Brown. Following the awarding of prizes the program was turned over to Bascom Lunsford who put on sev eral music and dance numbers that will be seen and heard in Kenans ville during the annual Folk Fes tival on Sept. 12-13. Throughout the day Malcolm Grady was official host and wel comed all and saw to it that those coming from a distance were pro perly recognized. Gradys and Out continued on Back Sect. 1) n 1952. sgraffg Jff. &g Toward . j in.- i , .. .. nmnj Hi nf lbs pmnpwpmpnt case UCSJl OIC uiuoc- .uv..B vvw...- weather and with the full Sept ember harvest moon and the fine music of the Thigpen brothers a large crowd should turn out. Come on out folks. If court is in session and you want to attend that the dance will be going on when court adjournes and you may take your night-cap swinging to the old square, dance music. New Army, Air Recruiter Lists ' The new Army and Air Force re cruiting officer for this area, T Sgt. Edwin H. Allen, will be in the post office in '.Wallace each Tues day from nine to four. He will be In the courthouse in Kenansviue on Wednesday from nine to four and In the courthouse in uunton Monday, Thursday and Friday. SgtsAllen has more than eleven years service In the Army and Air Force and will be able to answer most any question that you may want to ask about the service. Recent changes in regulations now make high school graduates eligible to go to aviation cadets school to be pilots. This will be good news to many boys who have wanted to learn to fly and didn't have a chance to do so. Church Services Picnic Dinner On Manse Lawn Sun. There will be a special outdoor service on the lawn of Grove Pres byterian Manse in Kenansville Sunday morning at 11:30 for both the Kenansville and Haiisvuie f res byterian church congregations The pastor Rev. J. T. Hayter will do the preaching. Following the service a picnic dinner will be spread on a table near the Spring, 2 To 300 Pounds Tobacco Stolen From Exum James On Monday night 200 to 300 pounds of tobacco was stolen from the packhouse of Exum James In Cypress Creek Township. S. B. I. Agent Satterfield and Sheriff Ralph Miller investigated on Tuesday. They made plaster casts of the tire prints found. Sher- iii Miner reports that the tobacco has hot been found yet but the case is still under investigation. At Piney Grove There win be a barbecue and chicken supper at Piney Grove Free Will Baptist church on Satur day. September 6th at 8 o'clock. Plates will be $1.25. All members are urged to attend and the public is cordially invited. Proceeds will go in the church building fund. cJ..W.Liuuvj;.- U ' vtorp5to8 oiS'c. Jihi J- with ST.-..., Editorial ATTENTION KENANSVILLE The East Carolina Folk Festival is nearly on us. Friday and Saturday of next week will bring the largest 'crowds of folks to Kenansville since the Duplin Story. Indications are that the Kenan Auditorium will be filled to overflowing each night. We are called on to live up to our reputation for hospitality. A community basket picnic will be held at the spring on Friday evening about five o'clock. A number of Festival participants who are coming from long dis tances will be our guests at the picnic dinner. Also they will be expected to be cared for during the nights they are here. The Festival may prove to be as big an event as thDupIiji Storv was. Our towns folks as well as our county folks'alttd on to do practically nothing ex--cept show their hospitality, talk and boost the festival and attend; Kenansville and Duplin always live up to what is expected ofc them and will do it again. So get ready folfcs, prepare k large basket, bring it on out toJ the spring around fpuj to five o'clock and lets put it on In a big way. Also this picnic is not confined to Kenan" ville alone. Any family or group in the County is in vited to come and bring a basket. We wish we could offer to feed everyone, but that is a physical impossi bility so come on with your basket and lets make this picnic a county affair and not just a Kenansville one. Let's get in the Festival spirit and make this program a real Folk Festival in every sense of the word. J. R. Grady. Two New Places Of Here Tomorrow In Two new business houses open tor business in Kenansville to morrow. Doris's Dress Shop and Page Home Appliances both open in the new Miller building. Doris s Dress Shop is to be op- erated by Mr. and Mrs. Jack Sit- f rigerators, home freezers, dish terson. They will carry a com- c washers, etc. Also Coleman heat plete line of ladies and children's 1 ers and Blend Air systems. A line ready to wear. All merchandise is 1 of small electrical appliances will new and more are ariving daily, be stocked including lighting fix they said. In addition to ladies tures. They also will do house lingerie and hose. Bed linens and blankets, also Venetian blinds. They are expecting a shipment of men's clothing any day, including suits, overcoats and slacks. 2 Year Old Child Knocked Thirty Feet Out Of Tractor-Trailer And Killed Two year old Alex Junior Walk er, colored, was instantly killed Tuesday morning and his mother, Tincie Elizabeth Walker, is in the James Walker Hospital in Wilming ton with a broken leg as a result of a car-trailer accident near Rose Hill. Patrolman Briley and Coro ner Gunman Powell investigated and reported that witnesses said Linwood Boone, Negro, driving a Negro Cutting Affray At Wallace Last reports said officers were still searching for Buck Brlnson, colored of Charity, on an indict ment of assault with deadly weapon upon Bill Murphy, eoiored of Rose Hill. It is alleged that Brinson attacked Murphy In a cafe on a back street in . Wallace Saturday night and seriously cut hint wKh a pocket knife. , , UL J PRICE TEN CENTS Jury aeainsi iormer vuuun uiiicc embezzline more than $4,500 Britt. district solicitor. At the Business To Open New Miller Building The Page Home Appliances is owned by J. C. Page of Warsaw and will be managed by Mrs. Jack Sitterson. Mr. Page says they will carry a complete line of Frigidaire electrical appliances, including re- j wiring. For complete details of the two places of business see their ads on an inside page. tractor with a trailer hitched' at tempted a left turn from the high way after giving signals. The child and mother were riding in the trai ler. A 1946 Ford driven by Sammy Frank Long crashed into the' trail er, throwing the child about 30 feet, crushing Us skull. He died! immediately. A coroner's inquest will be held? in the court house here tonight County agents estimate that 6 80,121 farm families in the United' States were influenced by some phase or .agrftud extension) wcik In 1951. Di-le Bright 101 and 102 tobac co -Rarities are resistant to botfr Granville wilt and black shank: diseases. In the recent tobacco referen dum, 98.1 per cent of the fanners voting in North Carolina favored marketing quotas for the next three years. - nno i Li vjun-ju J, . 7 : 1 i