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The Hoke County Now*- Established 1928 The Hoke County Journal - Established 1905
VOL. LXVl NO. 38 RAEFORD, HOKE COUNTY, NORTH CAROLINA $4 PER YEAR 10c PER COPY THURSDAY. JAM AKY 211,1971
Around Town
By SAM MORRIS
The decision of the North Carolina
Supreme Court concerning the optional
one cent sales tax takes away my subject
matter for the week. We will say that the
election has been called off in Hoke
County. Elsewhere in this issue the
"matter is discussed at length by the
officials of the county.
We expect to be writing about this
issue later on after the legislature acts on
the matter.
We attended the press convention in
Chapel Hill last Thursday and Friday. We
ran into two former employees of The
News-Journal who were also attending
the convention. They were Eugene Smith.
Hoke native, and now publisher of The
Havelock Progress. The other man was
Mike O'Hara who was a reporter for lis
several years ago. They were both looking
very prosperous and in the best of health.
Mike had put on some extra pounds since
being here.
Also we talked with Cliff Blue. Hoke
native, and of course writes a column in
this paper. It was a good meeting and you
always pick lip a few points when talking
shop with other newspaper people.
Mrs. Clayton Buoyer called me the
other night and said that Mrs. Mary
Odom, one of our district representatives
would be the speaker at the February
meeting of the Raeford Woman's Club.
The meeting will take place Tuesday.
February 2 at the Civic Center. We know
that all ladies of the club will want to be
present to hear Mrs. Odom. After three
weeks in Raleigh she should have some
interesting facts about what she thinks
the lawmakers will do in the near future.
So ladies go out and make her
welcome.
^MgXhe fotiuwuig letter T? published in a;
effort to aid Mrs. Harris in obtafning
names of the Class of 1947 at Hoke High
Dear Mr. Morris:
I wrote you several months age
concerning an attempt to organize a 25th
Class Reunion of the 1947 Graduating
Class of Hoke County High School and
you were kind enough to print my lettei
in your paper, however, I have only had
three class members to respond and these
live in other areas. I know that there are
right many of the members living in this
immediate area and feel certain that they
read your paper. My main interest at this
point is making contact with the
members. Many of them are married and
of course I do not know their married
names, i would appreciate youi
mentioning th->) your column once
again in hope: uhat I will have more
response from the class members or from
the teachers who were at Hoke High at
that time who might be able to help me
in this venture. Maybe there are some
who are just not interested in anything
like this, but 1 am sure this would be a
great opportunity to renew acquaintances
and reminisce.
Thank you very much.
Sincerely,
Jean McNeill Ray Harris
P.O. Box 5165
Fayetteville, N.C. 28303
Bob Hughes, president of the Raefor
Lions Club called this week and aske
that we announce the dates for tb
annual golf tournament sponsored by th
club. The tournament this year will b
played the weekend of May 15 and It
So mark this date on your calendar if yo
are ready for another fine Lions Go
Tournament.
Housing: Topic
Of Two Meetings
Housing wis the topic of two meetings
in the city Monday night.
The city council held a public hearing
on a city housing authority and the
Fires Kill
Baby Turkeys
Two fires resulted in the loss last week
of approximately 17,800 day ? old
turkimjt Unchurch Turkey Farms.
niftsl nft occurred about 9:30 a.m.
Jan. 20 when an Infra - red heater on a
bus uasd to transport young turkeys from
the htttmery on Campbell Street to the
farm exploded. Killed in the fire were
11,800 torn poults.
A aecood fire that night at the farm
bumed S brooder house and killed 6,000
broodbr hop poults. The fire was believed
~ 16 have started from a gas heating ayitem
malfunction, Wyatt Upchurch said.
Upchuruh estimated the baa at
117,000.
Commissioners Call Off Tax Vote
Following Supreme Court Ruling
Man Dies
In Fire
An elderly man died Thursday
afternoon in a fire at his home near
Balfour's crossroads.
He was identified as Will H. Baldwin.
75.
Firemen from Hillcrest Fire
Department who arrived at the blaze
about 2 p.m. sprayed the flames enough
to allow them to remove the body. The
house was destroyed.
Baldwin's body was found just inside
the front door beside an oil heater,
Hillcrest fire chief Ed McNeill said. The
cause of the fire was not determined.
Baldwin, a feeble, one ? legged man.
lived in the five ? room cinderblock house
with his wife. She had gone to Antioch to
list taxes at the time of the fire, McNeill
said.
Goza Thanks
Workers
With other fund diives ready to begin
in the county, the United Fund is ending
its campaign approximately S700 short of
the goal.
Drives for the Heart Fund, the March
of Dimes, Cander Fund and other
projects will soon begin.
"I would like to thank those who
contributed to the campaign this year,"
Jerrv Goza. campaign manager said. ?
"And I especially want to thank those
who donated time as well as money to
the effort. These included Miss Josephine
Hall, Lester Shelton, Vardell Hedgpeth,
Danny DeVane, Paul Solomon, Wendell
Young and Tom Burgess, who collected
funds."
"I'd also like to thank Mrs. Postel and
the Girl Scouts for making posters and
placing them in the businesses
downtown," he said.
Although the campaign is officially
closed, any contributions will still be
welcomejl, he said.
TNT Found
Buried In
Rockfish
Seven cases of TNT were found buried
in the back yard at the home of Mr. and
Mrs. Roy Hayward of Rockfish.
The explosives were found Jan. 20 by
Hayward's sons, Danny, 9, and Wayne,
10. The boys, who were out of school
that day, were digging a hole in which to
bury garbage about 400 yards from the
house.
They told Hayward about their find
when he returned home from work that
evemng. Hayward notified the sheriffs
department, who investigated and called
Army demolition experts from Ft. Bragg
to remove the TNT.
Fuses and caps were found with the
explosives.
The Haywards have lived in the home
since Aug. 8 of last year.
NEIGHBORS WAIT- Will H. Baldwin, 75, ~-<**fOund dead in his home near Balfour's crossroads after fire destroyed the interior
of the house. His body uas discovered just inside the front door b.v Hillcrest Fire Chief Ed McNeill
Judge Denies New Trial
To Patrolman's Killer
Willie Junior Smiih. sentenced in 1964
to life imprisonment for the murder of
Highway Patrol Trooper W T. Herbin, lost
his bid for freedom Monday.
In a post ? conviction hearing in
Superior Court. Smith asked for a new
trial on the grounds that his legal and
constitutional rights were violated during
his original questioning and trial.
Superior Court JuJge Jatne H. Pou
Bailey denied the motion for a new trial
after a lenght> hearing Monday.
Smith was tried and convicted of the
slaying by a special venire of jurors
brought in from Bladen County. Herbin,
a ooDular oatrolman who had served in
Hoke County for 13 years, was found
severely beaten and shot four times in the
face. Four men were originally charged
with murder and two were tried and
convicted during a special session of
Superior Court in December. 1964.
Smith contended Monday that his legal
or constitutional rights were violated
Fireplaces
Blamed For
Two Fires
Two fires involving fireplaces were
reported in the county last wegk.
The gas heater in an artificial fireplace
ignited the wall behind the chimney
Wednesday night at the home of J.E.
Byrd at 410 F. Donaldson.
An estimated S500 damage was done
to the den. The Raeford fire department
answered the call.
The Rockfish fire department was
summoned to the old McKoy house on
the Doug Monroe farm Wednesday night.
A chimney had burned out and had fallen
to the floor inside the house.
Little damage was reported.
Rep. McFadyen
Chairs House
Committee
Representalive Neill McFadycn has
been chosen chairman of the House
Commissions and Institutions for (he
Blind and Deaf for this session of the
legislature.
He has been appointed vice ? chairman
of committees on insurance, state
personnel and agriculture and is a
member of the finance and the roads
committee.
zoning board of adjustment! met to
consider an exception to the zoning
ordinance.
Three persons attended the hearing on
the housing authority. Ralph Lassen of
the Stale Department of Local Affairs
met with members of the city council to
explain the authority.
The council plans to approve the
housing authority at the next regular
council meeting, John Gaddy, city
manager said.
An estimated SO to 75 persons
attended the meeting of the zoning board
of adjustments.
Mrs. Pauline Bute and her son, Tony
Buie, requested permission to keep a
trailer parked on tjteir property just
outside the city limits.
The zoning ordinance, which applies
also to property within a one mile radius
of the city, forbids mobile homes to be
parked outikk trailer perks. Parks may be
established only in specified zones.
The board of adjustments granted the
request.
during his original questioning and trial.
In his petition, he alledged that out of
the 150 jurors selected in a special venire
from Bladen County, only 23 were
Negroes and that the method used to
select the jurors systematically and
intentionally excluded Negroes
Secondly, Smith contended that of the
14 Negroes drawn for the jury, all were
excluded either because they voiced
opposition to capital punishment or pre ?
emptively. He also said that substantial
numbers of other jurors were excluded
because they voiced opposition to capital
punishment.
Smith charged that at the lime of his
arrest, he was held incomunicado in jail
for a number of days, constantly and
repeatedly harassed and denied
opportunity to consult with his lawyer.
Finally, he contended in his petition, a
statement made involuntarily by him was
admitted into evidence.
In denying the request for a new trial.
Judge Bailey ruled that Smith was
lawfully tried and found guilty by a jury
on a valid bill of indictment and that
after the verdict, he was sentenced
according to law.
There was no evidence to show he had
been held incommunicado. Judge Bailey
said. Smith's court - appointed attorney,
Phil Diehl, had devoted 14/ hours in
preparation for the trial and had
exhausted everv resource in Smith's trial.
Judge Bailey said.
Judge Bailey also ruled that Smith had
been fully and adequately advised ol his
rights by James C Lothspeich. a special
agent for the Federal Bureau of
Investigation, and that Smith had
understood his rights before making a
statement.
The transcript of the trial showed that
the trial judge had conducted an
extensive investigation into the
admissibility of the statement at the
original trial, Judge Bailey said.
Newspaper accounts of the trial report
that Diehl objected to the admission ol
the statement on the grounds that it had
been taken involuntarily, and that the
point was argued for about two hours
before the statement was admitted as
evidence.
Judge Bailey also ruled that every
effort was made by the Highway Patrol to
protect Smith from any violence and thtit '
the crowd that gathered at the
courthouse when he was arrested was
quiet. There is. Judge Bailey said, no
evidence of any duress, cruelty, threats or
any evidence of unlawful questioning.
The special venire ordered trout Bladen
County was drawn In a manner then
recognized as adequate by the stale.
Judge Bailey said. The Bladen County
sheriff selected ISO jurors with the sole
consideration that they were freeholders
and had~paid their taxes, Judge Bailey
said. No exclusion was made by reason of
race, color, creed or wealth and, in fact,
28 Negroes did come to Hoke County.
The names of the prospective jurors
were drawn by a child and 91 names of
the 1 SO were drawn before thirteen were
See Judge, Fagc 9
Water System
Meeting Called
At Scurlock
A meeting of residents in the Hillcrest
and Scurlock area to discuss the
community water system has been called
for Feb. 2 at 7.30 p.m. at Scurlock
School.
A tentative commitment for a loan and
grant to install the water system has been
received and an organizational meeting
must be held.
All interested persons are asked to
attend.
The county coinmissioncis met
Saturday morning to formally call oil the
sales tax referendum and left the boaid of
elections with 6,000 pieces of scratch
paper.
In preparation for the vote Feb.
6,000 ballots had already been pnnied.
The State Supreme Court last week
ruled the local option tux
unconstitutional because it discriminates
against taxpayers in the same
classification.
The court ruled that the state cannot
levy a tax in 25 counties and exempt the
other 75 counties.
Hoke County officials had anticipated
about SI 20,000 from the tax if it passed.
They announced plans to help fund a
citv-countv recreation program, establish
a county garbage disposal system, and try
to hold property taxes down.
With the sales tax revenue no longer in
sight, the county faces difficulty in
implementing these plans.
The county now has an option to buy
a 63 acre site for a sanitary landfill. T.B.
Lester, county manager said. This is the
old McKeithan property across Rockfish
Creek near the airport.
"We're going to try to get a landfill so
that people will have a place at least to
take their garbage, even if we can't put in
the container system now," he said.
Under the new anti-pollution
provisions of the Air and Water Resources
Board, farmers must dispose of poison
containers in sanitary landfills, Lester
said. "We're just going to have to have
some place for them to dump those
cans," he said.
The future of the recreation program is
also in doubt.
"1 realjp- can't say mugh about ii at,this
point," Lester said. "I nope we'll be able
to go into it."
A tax increase this year is a good
possibility, he said.
Several proposals to make a one cent
tax available to the counties are now
being considered by the legislature
If a measure is passed soon and
collections begin by July 1. the county
will receive revenue for about a half year,
he said. This will not be reflected to any
great extent in the budget plans for the
next fiscal year, however.
"I'm afraid if we do get a sales tax,
they will make the distribution so
complicated that we're not going to know
how to budget it for the first year We'll
have to under-budget."
Lester also said he fears the provision
for distributing half of the total tax
collected to all the participating
counties-which was so advantageous for
small counties- will be eliminated front a
new bill.
"I expect to see a compromise, with
maybe a quarter of the total lax going
back to all the counties. That way. we'll
get about twice what we pay in. If we just
get what we pay it, it won't amount to
much. Of course, it would help some,
anyway," he said.
Counties, particularly small ones, must
have some source of revenue other than
property tax, Lester said.
"If the small counties don't get some
kind of revenue besides property tax,
you're going to see some consolidations
of counties in the next few years," he
said. "Small county governments just
can't keep up with services like the larger
counties on property taxes alone."
"We're just wailing on the legislature
now."
Health Center
Makes Changes
The counts health center is yetting a
new look.
Two new stall members have been
hired recently, a third has been approved
by the county board of health and
construction was begun last week on an
addition to the building.
Mrs. I ve Nichols, of layctteville. has
been hired as a pait - time nursing
supervisor for the center. Dr. II II.
McLean announced, and Mis. Durbaia
Allied has been hired as a licensed
practical nurse.
Two public health nuises. Mis. Lima
C'rowder and Mrs. Jeiiy Mcl.nmb.
resigned from lire center in December
after many yeais service there.
The board of health approved a
resolution in July calling I'm a musing
supervisor afier a study of the personnel
problems at the ccniei was made by the
stale. Dr. McLean. Waltei Coloy. then
chairman of lite county boaid of health
and Di John Park nson of the State
Board of Health, appealed befoic the
county commissioners in July to request
a transfer in funds already budgeted Im
the centei to hue the noising supeivisor.
The comntissionei s purported actum
on ihe request However, the money was
approved alter ( hnsinias. Dr. Mclean
villi.
The count) boaid of health last
Thursday night approved the hiring of
Mrs. Dean Hoggins as public health nurse
trainee. 1)1) Abcrnethy. chairman of the
boanl ot health.announced.
Mis. Muggins is j native ol llokc
County and graduated from high school
here. Her brothei. Di. R.A Mathcson. Jr.,
practiced medicine here for many years.
The public health muse trainee
position is paid by the state and is filled
by the State Dcpatlnteni <>l Health.
Abcrnethy said.
Const ruction on the center was begun
last Wednesday. Additions will be built
on each end of the piesent building to
expand ibe offices and waiting space.
I II. I ester, county manager said. The
wailing loom will be extended about nine
feet and the end of the building nearest
the Armory will he extended about 18
loot.
Offices for the county sanilatian and
See CI Nil R.PageM