* The Hoke County News - Established 1928
VOLUME LXIX NUMBER 3 RAEFORD. HOKE COUNTY. NORTH CAROLINA
- journal
The Hoke County Journal - Established 1 905
S8 PER YEAR THURSDAY, MAY 19, 1977
Around
Town
BY SAM C MORRIS
The only thing one can write
about the weather is that we need
rain. Even the grass is dying and
the forecast is for hot an dry days
until the weekend and the chance
for rain is not too high for that
time.
? ? ?
The Hoke County Rescue Squad
is a vital part of this community
and the members are dedicated to
their work. Bill Niven had the
program Thursday night and had
as his guests, Jim Wade, Bobby
* Conoly and Johnny Melton of the
Rescue Squad. They gave an
interesting program and demon
stration concerning their work.
Every Kiwanian seemed to get
into the act and the program went
over very well. If you need a
program for a club you should
contact this group. They will make
your evening worthwhile.
? * *
From all reports the holding of
District Court in the basement of
the Raeford Methodist Church
worked out very well. The session
was held there due to the session of
Superior Court being held in the
courthouse. This will certainly
relieve the docket of the District
Court but something else was noted
during the session. Maybe or
maybe not it was because of where
the court was being conducted.
Anyway it seems that most of the
defendants either pleaded guilty or
asked that their trials be postponed
until a later date. Could this be
4 because court was being held in a
church? If so, maybe it would be
worth looking into, of putting a
steeple on the courthouse because
most times a few falsehoods come
, from the courtroom.
For the full report on the two -
day court in the church read the
district court report elsewhere in
the paper.
* * *
Several years ago this writer
bumped his foot and cracked a
small bone in it and had to wear a
special shoe for several weeks. Also
many people had some kind and
unkind remarks to make about the
incident. These remarks were
printed in this column the week
after the bone breaking happened.
Last week it was reported to me
that the Rev. John Ropp had
broken a small bone in his right
arm. Now since my accident and
some comments about it 1 always
try to follow up when something of
this nature happens.
It seems that the preacher was at
Presbytery in Laurinburg and fell
and hurt his arm. He did say from
the pulpit that only coffee and
Cokes were being served at the
meeting. Of course this would be
taken for granted at a church
meeting, but in the same sentence
he said to ask Dick Neeley or Hugh
, Lowe for complete details.
Now preacher, even if you were
in church, couldn't you come up
with more reliable witnesses?
* Someone said that Clayton Buoyer
or Glenn Wood could give a better
account of the accident.
As of this writing no comments
have come forth from Neeley or
Lowe, so we will go along with John
Ropp for one more week .
? ? ?
The Hoke County Law Enforce
ment Association will hold a Fish fry
Saturday, May 21 beginning at 11
a.m. at the Gibson Cafeteria. This
is to raise funds for a building and
all officers will appreciate your
coming by and picking up a fish
plate or staying around and eating
at the cafeteria. If the meal is
anything like the last one, it will be
well worth your money.
* * *
The Hoke High School Key Club
will have a Bar-B-Que meal next
Thursday night, May 26 beginning
, at 5:30 at the Gibson Cafeteria. So
make your plans now for a night of
fellowship and good eats.
* * ?
*
The annual meeting of the
Raeford ? Hoke Chamber of
Commerce was well attended
Thursday night. This writer was
glad to hear the remarks of Hector
Mac Lean about "Free Enterprise"
and backs his views 100%.'
Keep the governments out of the
chamber.
AWARD -- The Raeford Woman's Club took honors for their 1976
Bicentennial Liberty Bell Award entry and were presented with a silver
punch bowl which was donated to the North Carolina Federation for
Women s Clubs in memory of Dorothy Brown Shoffner. Club president
Mrs. Alfred K. Leach accepted the award from the chairman and
co-chairman of the state organization's Bicentennial and American
Heritage Committee during state convention last April. The Liberty Bell
Award entry outlined the Woman's Club involvement in the Hoke County
Library Project, including early plans, funds raised by the group,
groundbreaking, and continuing up to the time of the actual opening of
what has been termed "the most outstanding bicentennial project in the
state. " \Photo by S.H. Aplin ]
Smith Cleared
f
f
I By Hoke Jury
Use Of Federal Funds
Ruled Proper For Trip
The U.S. Office of Education
representative ruled last week that
the free trip to Florida for the
Indian members of the high school
band was completely legal and in
no way a misuse of the federal
funds.
Lloyd Elm. Indian education
program specialist for North
Carolina grants, met with school
officials in the county Thursday
while on a routine visit and
announced his determination after
checking the details of the trip.
Earlier, Elm had said there was a
question about the legality since
three of the Indian youngsters
whose expenses were paid are
offspring of school faculty mem
bers, and some of the activities
funded under the federal program
have a component of economic
need.
"There is no longer any question.
It was done legally and it is in full
compliance of the approved pro
gram. There was nothing irregular
about it." he said.
"The parent committee members
tabled it the first time it came up
because it was felt some people
might see a conflict - of - interest.
The purpose (of the funds) is to
provide trips of cultural experi
ences for the children, among other
things, and this trip is within the
perimeters of the intent of Con
gress," he said.
"I've recommended to the
committee that they make a general
information meeting out of their
June meeting. A lot of people don't
understand what the program is
and it would be helpful to everyone
concerned if they make the public
more aware," he said.
The matter centered on the high
school band's three * day excursion
to Orlando, Fla. two weeks ago.
The S95 per pupil cost for the
Indian band members was paid out
of this year's allotment of federal
Indian Education Act funds. The
two daughters of Upchurch School
principal Earl Oxendine and the
son of Betty and Winfred Rogers,
both teachers, were in the group.
Mrs. Rogers is a member of the
Parent Title IV Committee, the
body which decides yearly how the
funds will be spent. Robert Taylor,
the committee chairman, said Mrs.
Rogers did not vote on the trip
expenditure.
County Bolsters ABC Enforcement
County commissioners voted
Monday to bolster Board of Alco
hol Control (ABC) enforcement
activities by paying ABC officer
J.K. Riley tc work throughout the
summer months.
Riley, who is paid for part-time
work for nine months of the year,
has in past years continued to do
his duties during the summer
without pay. however, he informed
the local ABC board he would not
work without pay this year.
At the urging of commissioner
Danny DeVane, the board author
ized the expenditure of an addi
tional five per cent of the ABC
store's net receipts to pay Riley's
salary from June through August.
The commissioners' approval had
been requested by Alfred K. Leach,
chairman of the Hoke County ABC
Board, since that body had apj
proved only 10 per cent of the
store's net to be used for law
enforcement. By law. they may
earmark up to 15 per cent for that
purpose.
DeVane pointed to last week's
robbery and killing at the Red
Springs liquor store in urging that
Riley work year-around. Commis
sioners agreed that Riley's presence
at the store during the evening
hours would help discourage a
holdup.
DeVane also argued that by not
having ABC enforcement three
months of the year the county "will
be catering to the bootleggers".
The additional cost to the county
r \
School
Concerts
Three upcoming concerts
have been announced by Hoke
Schools Band Director Jimmy
James.
The first concert will be
presented tonight (Thursday)
at 8 p.m. in the Hoke High
Gymtorium.
May 23 the Raeford Ele
mentary Band will perform at
7:15 p.m. in the Raeford
Elementary Auditorium.
The Upchurch Junior High
School Band will play at 7:30
p.m. May 24 at Upchurch
Auditorium.
The concerts are open to the
public and no admission fee
will be charged.
for paying Riley for three months is
only $1,800. Riley works part-time
only.
In other business Monday, com
missioners voted to reduce a re
quest made by the Department of
Social Services for new office
equipment after DeVane argued
that some of the items seemed too
costly and may not be needed.
Benjamin Niblock, DSS director,
had submitted a list including
typewriters, dictaphones, calcula
tors and other items with an
estimated total cost of SI 758. Local
share of the cost of the equipment
is one third, or about $600.
A motion passed unanimously to
pay no more than $500 of the total
costs, rolling back the expenditure
to $1,500.
Commissioners rejected the pur
chase of a window air conditioner
for an office at the health center
after DeVane recommended that a
professional contractor should in
spect the building and advise them
first.
County manager T.B. Lester had
recommended the purchase of a
unit for a small, airless office used
by the mental health staff for seeing
patients. The room had been
partitioned off and is not served by
the central air conditioning system.
DeVane said it might be cheaper
to construct a duct to provide air to
the room, and since the building is
scheduled for renovations, it would
be foolish to spend money on a
window unit that may not be
needed later.
The approval of a contract with
A.K. Lovin Co., certified public
accountants in Red Springs, for the
yearly audit was rejected after
commissioner James A. Hunt urged
that Pittard and Perry. Raeford
accounting firm, be given a chance
to submit an estimate for the job.
The Lovin firm has done the
yearly audit for a number of years.
Its hourly fee is S12.50, Lester said,
and the total costs usually runs
(See COMMISSIONERS. Pg. 15}
82d Airborne Band Performs May 22
On Sunday, May 22 the famed
82nd Airborne Division Band from
Ft. Bragg will perform a free
concert at 4 p.m. on the lawn of the
Raeford Presbyterian Church.
The special program is the first
event announced by the new Hoke
County Arts Council. The public is
invited and refreshments will be
available.
Of all the Army bands, few have
had as colorful and exciting a
history as the 82nd Airborne
Division Band. From North Africa
to Europe in combat from Texas to
Miami, to the baseball All Star
game in Kansas City, the 82nd
Airborne Division Band has proud
ly served in war and peace.
During World War II the band
followed the division, playing for
the troopers when they had occas
ion to listen, while performing
many other details. While in Africa
the band played for Generals'
Eisenhower, Spaatz, Clark, and
Patton. In Germany the band
played guards of honor for Gen
erals Dempsey and Ridgway.
The 82nd Airborne Division
Band was first organized on April
27. 1942, at Camp Clairborne, La.,
and was designated the 82nd
Infantry Division Artillery Band.
On August IS, 1942, when the
82nd Infantry Division was reor
ganized into the 82nd Airborne
Division and the 101st Airborne
Division, the band was also rede
signated the 82nd Airborne Artil
lery Band. In May 1943 and August
1943. the band served the 320th
Glider Field Artillery Battalion and
the 325th Glider Infantry Regi
ment. On October 6, 1943, the
band was attached to Headquarters
Company, 82nd Airborne Division.
Personnel of the 504th Parachute
Infantry Band and the 82nd
Airborne Division Artillery Band
were reorganized to form the 82nd
Airborne Division Band on March
1, 1945. .
In the year 1945, the band was
on detached service to Headquart
ers Battery, 82nd Airborne Division
Artillery (Suippes, France) and
later the 1 7th Airborne Division.
Members of the band received
bronze service stars during cam
paigns at Sicily (1943), Naples-Fog
gia (1943), znormandy (1944),
Ardennes (1944), The Rhineland
(1945), and Central Europe (1945).
During the occupation of Berlin,
(See CONCERT, Pg. 15)
?pun ? 1 ?
COMING CONCERT -? The acclaimed 82nd Airborne Division Band will perform in Raeford Sunday. May 22 at
4 p. m. on the lawn of the Raeford Presbyterian Church. The special performance is being sponsored by the Hoke
County Arts Council and the public is invited. [U.S. Army Photo )
r -V ?'
After deliberating two and one
half hours, a seven women, five
men Superior Court jury found
Allen Dwain Smith Jr. not guilty of
the killing and robbery of Robert
Leslie Brooks last Dec. 23 at his
Rockfish store.
Many members of Smith's
family, including his wife and
mother who attended the week-long
trial, broke into cheers and began
clapping when the verdicts were
read.
Smith, 24, of Fayetteville, was
one of three men accused of the
Rockfish slaying. The other two
men, Kenneth Leo Docery, 24, of
Raeford, and James Otis Havis Jr.,
29, a Ft. Bragg serviceman, are
expected to go on trial in June.
Brooks' wife, Bennie Marie
Brooks, and a teenaged clerk,
Wanda Sue Stephens, were in the
store at the time of the holdup but
neither of the women identified
Smith as one of the three robbers.
Mrs. Brooks testified that Smith
resembled one of the men she saw
based on his coloring and manner
isms.
Smith's defense attorney, Phillip
Diehl, did not put on any witnesses.
Sheriff D.M. Barrington testified
that Smith denied any part in the
crimes after his arrest last Dec. 31 .
Barrington testified that Smith
admitted he and Dockery and
Havis had stopped and bought gas
at Wood's Grocery earlier in the
evening. Smith told him they drove
on to Raeford and spent the
evening with friends.
Assistant Dist. Atty. Randy
Gregory, who characterized the
case as "Circumstantial", built the
prosecution's case against Smith
largely on the testimony of Charles
Junior Locklear, Smith's cellmate
in the Hoke County Jail from Feb.
10-24.
Locklear, a convicted forger who
had escaped from prison, testified
that Smith had confessed to him he
and Dockery and Havis robbed the
store and killed Brooks. Locklear
testified that Smith told him he
wasn't worried about being re
cognized because he wore a mask.
Gregory put on a parade of radio
and television newsmen to testify to
the contents of news broadcasts
about the crime in an attempt to
show Locklear couldn't have known
specific details of the crime because
they were not made public. Pub
lished newspaper accounts of the
crime were also introduced.
Diehl attacked Locklear's test
imony because of Locklear's crim
inal record and argued that
Locklear was lying in an effort to
make a deal with the prosecutor's
office on several pending criminal
charges.
Smith remained in custody from
his arrest Dec. 31 until Feb. 24
when he was freed under S40.300
bond. Dockery and Havis were also
freed on bond.
The jury foreman, Russell Lock
lear, a textile mill supervisor, said
after the proceedings that the state
didn't show enough evidence. He
said the jury was polled only twice
and that only one juror, a woman,
ever voted for conviction.
The other eleven jurors were
Lucille McGregor, Nadine Ellerbe,
Annie McNeil!, Earl C. Locklear,
Clyde Campbell Jr., Harvey Lock
lear, Willie Mae Campbell, Zebra
J. Locklear, Ruth P. McEachin,
Louvenia Bease and John R.
Breeden.
While the jurors were sequester
ed, Sheriff Barrington confirmed
an unofficial report that an inmate
in the Cumberland County Jail had
claimed he knew who killed
Brooks. The inmate, who was not
named, reported that he heard two
other jail inmates boasting they had
committed the robbery and killed
Brooks. Barrington said he under
stood the State Bureau of Invest
igation was following up the lead
and refused further comment.
Outside of the courtroom, the
sheriff hotly criticized Smith's
attorney for discussing the inmate's
report and "Giving it to the
newspaper*". &
Judge D.B. Herring Jr. later
issued an order to all officers of the
court barring them from discussing
the new lead until the trial ended.