15* Zk & - journal 15* The Hoke County News - Estoblished 1928 The Hoke County Journal - Established 1905 VOLUME LXVII NO. 15 RAEFORD, HOKE COUNTY. NORTH CAROLINA S5 PER YEAR THURSDAY. AUGUST 15. 1974 Around Town By Sam C. Morris August has brought to Hoke County between seven and eight inches of rainfall so far. It rained eight of the first nine days and it has kept the farmers out of the fields for the past week Tuesday - morning it was raining again after a dry weekend. I don't believe too much will fall as I write this column Tuesday morning. ^ The temperature has been in the HOs, so it has not been too bad heat wise. If the rainfall continues, a record could be set for August. Time will tell. About everyone I have talked to in the past few days is glad that the Watergate affair is about to come to a close. Why this event ever took place is beyond all reasoning that comes to my mind. All polls showed that Richard Nixon was a solid choice of the people for President. George McGovern had about a 10% chance of winning. So why the breakin and all the other things that occurred during the campaign happened, I can't sec. There is one thing that the American people can be proud of. and that is the form of government we have and how smoothly the turnover from one man to another, the Presidency of this country can be. In most countries the military or an angry mob will control the turnover of ^ power. This did not happen here ^"because our forefathers had Constitution that has stood through many years of trials and tribulations. They liad fought for freedom and wanted a government that would stand against any form of government except a democracy. Yes, we can be proud of our Constitution. I watched on television the address Monday night by President Gerald Ford to the joint session of Congress. As you watched and listened to him speak, and then watched the Senators and Congressmen as they listened and the look on their faces, you could almost feel, with each of them, a feeling of let's forget the past and look forward to the future with cooperation between the Congress and the President. Tlic fight against inflation outlined by the President was certainly music to the cars of the listening public. The ^President and Congress can work hard for a plan to curb inflation, but to make ? A special meeting of the board of unty commissioners is expected to be lied Tor August 26. T.B. Lester, county manager, said that according to a schedule sent him by the attorneys for the school bond issue, the introduction of a bond order and a call for a public hearing should be accomplished on thai day. A time will be set later tor the special meeting, he said. The contract for the new county* office building was to be let Wednesday at 3 p.m. at the board of education building in a special board of commissioners meeting. Kathy Wins Broad Jump; Sets A Jr. Olympic Record Kathy McMillian .... waits to jump. Kathy McMillian, a tall, eleventh-grader at Hoke High, set a record for the Junior Olympics in Lincoln, Neb., last Saturday when she jumped to first place at the national meet. Kathy scored a 19' 9" to win the broad jump, lopping the previous Jr. Olympic record of 19' 6". Setting records isn't new to Kathy. The jump of 18' 6" that sent her to the national meet set a record for Region 3 and Kathy also holds the state records in the 220 dash, the long jump and the 880 relay. Kathy qualified in Lincoln with six other finalists, making preliminary jumps Saturday afternoon of 19' 4", 18' 6" and 19' 5". Her three final jumps all measured 19' 9". The second place jump was 19' 5". Kathy's winning jumps were shown on a nationally televised sports show last Sunday afternoon. Asked if her win has changed her plans, Kathy was emphatic. "I'm going to practice harder." she said. "I want to go to bigger track meets this year. There's one in Florida, a big one, I want to go to. Kathy said that a number of coaches talked to her following her win in Lincoln. "I didn't know it would be this much fun at the big meets," she said. "I'd really like to go on." Kaihy left Charlotte last Thursday with a group of about 25 contestants from this area, accompanied by two coaches and two chaperones. The group Hew to Lincoln where the meet took place at the University of Nebraska. Her winning broad jump took place on Saturday and on Sunday she ran in a 440 relay team with other Region 3 girls. The team did not place. The group returned to Charlotte on Monday. The only other winner from the state was Jeff Moody. 880 runner from Pinecrest. who took first place. This was Kathy's first entry into national meets. Last year she qualified for Region 3 competition in Nashville but did not make the finals. Iler mother, Mrs. Alexander McMillian. said she got to see Kathy on television. "We're proud of her. she said. "It's really something." Appeal Pending Jury Convicts 2 Of ABC Robbery A jury found two men guilty of the June 6 armed robbery of the Hoke ABC store after a week-long trial in superior court. William Franklin -White. 28. of Hamlet, was sentenced to not less than 20 years nor more than 25 years by Judge Donald L. Smith. While gave notice of appeal and his bond was set at S 2 5.000. l.eroy Pinkney. 19. also of Hamlet, was sentenced to not loss than eight years nor more than ten years. However, after the sentence was passed. Judge Smith ordered it set aside. Fd Grannis, prosecutor for the state, indicated he would appeal the order and Pinkncy was released under his own recognizance. According to James Little, public defender and attorney for Pinkney, the decision to set aside the sentence was based on a similar case heard by the state supreme court in which the court ruled thai there had not been enough evidence presented to send the case to a jury. By imposing a sentence and then setting it aside, rather than by granting defense motion for non-suit. Judge Smith allowed the stale to appeal the ruling. Little said. The trial had taken up most of the week term. A jury as selected late Monday (Aug. 5). opening day. and the state concluded its case about 4 p.m. on Thursday. During the week, witnesses for the state testified that on June 6 a light complexioned. slender black man, wearing a flowered shirt and a white floppy hat robbed the Hoke ABC store at gunpoint, taking S586. Sheriff D. M. Barringlon testified that by driving at speeds hitting 133 mph. he overtook a car matching the description given to him and arrested White and Pinkney just across the Cumberland County line. White was identified as the gunman hy Wayne Ashburn and L. E. Wilkes, who were working at the liquor store when the robbery took place. Dor an Berry, defending White, presented testimony from a bank official in Hamlet, who said lie had approved a loan to White for S500. His father testified he had lent his son S200, and his wife said she had given him part of her S160 salary. According to Berry, the money was to be used to purchase a car. Berry also had White try on the shirt (lie stale had introduced and contended the garment was much loo small. The hat found in the car was black, not white. Berry established. Little presented character witnesses for Pinkney and argued that even if White should be the robber, that the state had presented no evidence connecting Pinkney to the crime. Mere presence, he argued, is not in itself a crime. The jury returned with the guilty verdicts shortly before 5 p.m. on Friday. In other cases Judge Smith sentenced Kenneth Flipping, Robert Wright and Peter Donnie Harvey, to six months, concurrent with sentences they are now serving. They each pleaded guilty to escape. Roy D. Hayward, Jr.. 17, pleaded guilty to possession of a controlled substance and was sentenced to three years suspended for five years with five years probation. He was ordered to spend the next I 2 weekends in jail and was fined $250 and costs. A companion case of distributing a controlled substance was nol prossed. lacy McGec, Jr., pleaded guilty to larceny of an automobile and was sentenced to four years suspended with five years probation. He was ordered to pay S400 restitution and costs. The state took a nol pros on a charge of receiving stolen goods. Archie F'ranklin Bristow, pleaded guilty to DUI second ottensc and was sentenced to six months suspended for three years with three years probation, he was ordered not to drink during that time and was fined $200 and costs. (?ramford Woods pleaded guilty to DUI second offense and was sentenced to six months suspended for 12 months. He was ordered not to drive during that time and was fined $200 and costs. The state look a nol pros on a larceny charge against Bobby Locklear. Trial for James lidward Bordeaux, accused of breaking, entering an; larceny was continued until November. Johnny Jones pleaded guilty to breaking, entering and larceny and was sentenced to three years in prison. The court submitted recommendations for a complete psychiatric evaluation and consideration under the work release progiam. Boosters Will Meet The Booster Club will meet Monday al 7 p.m. at ihc Hoke High School library and presideni Noah Itendrix. Sr. issued an invitation to the public to altend. Prospective members can |oin the club by signing up al either drug store in Raeford by contacting any of the Booster officers. Ik said. 45 Pounds Marijuana Cache Found, Three Arrested In Arabia Two trash bags filled with marijuana were impounded and three persons were jailed Sunday after an all-night watch on a barn near the twin bridges area. Charged with possession uf a controlled substance (marijuana) with intent to sell are George Pittman. Rt. 2 Racford and Mrs. Shannon L. Falscoft of Cocoa. Fla. James M. Falscroft. also of Cocoa. Fla., is charged in two warrants with possession with intent to sell marijuana and possession with intent to sell cocaine. Bond for Pittman and Mrs. Falscroft was set at S50.000 each. Bond for Falscroft was set at S5.000 in one case and S50.000 in the other. According to Sheriff l).M. Barrington. an all stakeout on a barn on the Upchurch farm was set up by Deputies Henry Bowen and James Peter kin. Alec Norton relieved the two deputies in morning and at noon the three suspects were spotted at the bain loading the marijuana contained in two plastic leaf bags into a blue VW van. The van was stopped on the Arabia road by a Highway Patrol car and the three were taken into custody, the sheriff said. The bags contained 45 pounds of marijuana valued at S18.000, he said. A preliminary hearing is set in district court for Aug. <0. In an unrelated case. Highway Patrol Trooper Ken Weston stopped a car on U.S. 401 Friday morning and charged the occupants with possession of a controlled substance (marijuana). Charged were 1:3 (leorge Shaver ot Ft. Bragg. William Patience of Fayctteville and Steven Allen Keel, also of Fayetlcville. Reel was also charged with littering by throwing from his car plastic bags, cigarette papers and 'green vegetable matter.* Bond for Shaver and Patience was set at S200 and at S250 for Reel. Trial is set in district court on Sept. 13. Official Declares: Dupree's Assignment Not 'Special' As a county scat. Raeford is just as entitled to have a judge and prosecutor assigned to it as airy other county scat, a court official declared Monday. Both District Court Judge Joseph Duprec and J. D. Chapped, comptroller for the Administrative Office of the Courts, both denied recent newspaper allegations that Dupree is being paid special travel expenses to commute from his home to work in Fayetleville. In a front-page story, the Fayetleville Observer last week said that Dupree and assistant district attorney Duncan McFaydcn, also of Raeford, were the onlv court officials to receive a mileage allowance and meal costs for the days in which they are in court in Fayetleville. Chapped confirmed the payment and said it was a proper expense. "Judge Duprcc is an elected official from Hoke County and Raeford is a county scat, just as Fayettcvillc is a county scat. Judge Duprec is assigned to the court at Raeford as his headquarters," Chapped said. "This is not a special case, not a special assignment and not any special handling." he said. Chapped said that in addition to holding court here, Duprcc is also responsible for ad other judicial matters in the county, such as juvenile hearings and exemptions from jury duty. "Now we recognize ilut Fayetleville is a whole lot bigger than Racford and that the Cumberland County courts arc certainly the busiest in the 12lh Judicial District, so Judge Duprec and McFayden are brought in to help Fayettcvillc dispose of court business there." "But we still feel it is justified that as an elected official from that county, that he be assigned to the court in the county scat there," Chapped said. Duprec said his travel expenses are no different from those paid to Fayctteville-based judges and court attorneys when they come to Racford on official business. "If they had bothered to check, they would have found out that any other district court judge, who holds court in Racford, gets his expenses from Fayettcvillc." Duprec said. Chappcll confirmed that judges, district attorneys public defenders and other personnel assigned normally to Fayettcvillc are paid travel and meals when they are in court in Raeford. Fd Grannis, who will take office in January as district attorney, said he saw no impropriety in having McFayden assigned to court in Raeford. "It is a service to the county to have a solicitor over here," he said. "I certainly don't see anything unusual in assigning him here." Grannis said the state paid travel expenses when it was necessary for any of the other attorneys from his office to attend court in Hoke. Jim Little, public defender for the 12th Judicial District, also said that personnel from his office received expenses from Fayctteville to Racford. Chappcll said he objected to the implication that Duprec and Mcl ayden arc receiving special treatment. "We have 2400 employes under the Administrative Office of the Courts." lie said. "When cases don't fit neatly into categories, we look at each case individually, and that is what we have done in this instance." Chap pell said there arc many variations among the personnel covered by his office, such as magistrates who have an office in one place and serve a jail in another town or county, as well as judges and attorneys who hold court in several different towns. "We first must determine where an official's headquarters will be. then anywhere else he goes, he'll be paid expenses for." Chappell said. "Judge Dupree and assistant district attorney McFayden are headquartered in Raeford." he said. "Rael ord is just as much a county seat as any other county scat or as Faycttcville is." "One guideline for determining where a person is headquartered that we never use is this commuting angle." he said. In an editorial last Friday, the Fayettevillc newspaper suggested that Dupree and McFayden pay back the money they have received as expenses. Judge Dupree pointed out that when he took office in Dec. 5. 1966. the law specifically provided lor compensation to judges for travel outside their county of residence. According to Sec. 7A-I44 of the 1965 session laws, "l-ach judge sliall also receive reimbursement on the same basis as slate employees generally, for his necessary travel and subsistence expenses while attending court or transacting official business at a place other than in his county of residence." The law was amended in 1060 to provide reimbursement on the same basis as state employes generally, for necessary travel and subsistence expenses. The portion specifying reimbursement for travel outside a judge's county of residence was deleted. However. Judge Dupree contends that the portion ol the state Constitution that forbids the salaries of (See 1)1-PRIT . Page I I ) Pecora Elected John Pecora, athletic director at Hoke High, has been elected president of the North Carolina Coacltes' Association. He will preside over the organ I/a lion of more ihun 2.000 coaches from the slate for the next year. This is the first year lhat women have been admitted to the organization. Pecora said. George Cushwa. athletic director from Thoinasvillc Senior High, was elected vice-president. On Vacation The public library will be closed Aug. 26 - .?1 while the staff is on vacation.