JONES COUNTY
NUMBER 22 ’ TRENTON, N. C.,-THURSDAY, NOVEMBER 5, 1970 VOLUME XVm
Search Warrants Vital in Free Society But Usage is Now
Severely Restricted by Unreasonable Court Interpretation
Three dope peddlers were
R turned loose by Judge William
K Copeland in Lenoir County Su
perior Court Monday because it
l was his opinion that the search
warrants used by officers mak
(ing the arrests were not pre
cise enough to meet the test ap
plied in rulings by the United
States supreme court
A fourth dope peddler was
: freed on a similar charge, but
before he was arrested under the
, the search warrant he had
sold some heroin to an under
cover officer, for which he ,was
given 3-tp-5 years in prison,
making him eligible for parole
at the end of just nine months.
The three who were turned
completely free were Bobby
1 Roach, who had about 15 pack
ages of heroin hidden in the
waistband of his trousers and
i Oscar Cobb and Donald Flagg
f who had marijuana and other
I narcotic apparatus in their apart
ment on Tower Hill Road.
The Concerned Citizens Com
mittee paid $1500 reward to in
formers for the apprenhension
of these three who were turned
loose Monday, and the informer
did an amazingly good job, as
did the officers involved.
In District Court Wednesday
Marion Adams was bound over
to superior court under $5,000
bond after probable cause of
his guild was found on charge of
having a considerable quantity of
marijuana hidden in his car.
Also on Monday Judge Cope
land deferred until December
7th any action on collection of
the $5000 bond signed by Wil
lie Mills in April for another
narcotics pusher, James A.
Kornegay, whb skipped bond and
has not been seen officially
since.
District Court Judge Lester
Pate ordered Mills to forfeit the
$5000 bond but he appealed to
superior court and for the sec
ond time the matter has now
been pushed farther away.
Meantime, Mills is still signing
bonds in the courts of Lenoir
County.
Contentnea Hist-Grader Dies from
Epidemic Type Spinal Meningitis
year-old Emily Driggers
in Lenoir Memorial Hos
after a brief ill
cause has been de
an epidemic form
of spinal meningitis.
The little girl, daughter of
Mr. and Mrs. Alphonso Driggers,
of Grifton route 2, was brought
to the hospital early this week
and died shortly afterwards.
Pediatrician James H. Peoples
diagnosed the cause of death and
said all children in the school
with whom the dead child came
in contact should be taken 'to
their family physician for ex
amination and prescription of
protective medicines, which are
available and most effective.
Peoples said the particular type
of infection that killed the child
is tiie same kind that has caus
ed many deaths and sicknesses
on military bases in the past
several years.
ise is. generally be
communicable only
a a person-to-person basis and
dults are not generally as
e to infection as children.
is the first death
, to this disease in Le
in many years.
Officer
John
suing proper medication to all
students in the same class with
the little girl and all those with
whom she rode the bus. This,
of course, is being done with
the consent of the parents of
these children.
Dr. Parrott also said he was
recommending that any persons
whose children were in these
two contact categories should na
turally be taken to their family
doctor if there is concern by
the parents.
Parrott also said the “sulfax”
drugs over a four-day period
had proven excellent in control
of this particular problem of
communi<gttion.
Parrott also added that with
extremely rare exceptions the
disease is only transmittable
from an infected person to an
other, and is not carried by
third persons, who may have
been exposed but not infected.
He said his department had
not found, and had no possible
idea where the child may have
suffered the infection that paus
ed her death..
The disease, Parrott says,
comes on generally with a sore
throat and cold and is extreme
ly difficult to diagnose, and he
urged every parent who had'a
child that may have come in
the
by Jack Ridar
The Fourth Article of the Bill
of Rights says:
'The right of the people to
be secure in their persons, hous
es, papers, and effects, against
unreasonable searches and seiz
ures shall not be violated, and
no warrants shall be issued, but
upon probable cause, supported
by oath or affirmation, and par
ticularly describing the place to
be searched and the persons or
things to be seized."
This is a bedrock principle
among free societies and it is
reasonable and eternally prop
er, but in recent years tedious
interpretations of this great
principle have all but destroyed
the right of society to protect
itself against the most vicious
kind of criminals ever known.
The courts have ruled, for in
stance, that a search warrant
must specify in great detail what
of a contraband nature is to be
sought. A warrant issued to
permit search for illegal whis
ky is invalid if illegal narcotics
are found in the process of
search for the whisky, and any
illegal drugs found under such
a circumstance cannot be used
In evidence against the person
upon whom the illegal drugs
are found.
The narcotics trade is evil and
under the very most favorable
conditions difficult to cope with.
Any quantity of illegal whisky
is relatively easy to find be
cause of its bulk, but thousands
of dollars worth of narcotics can
be hidden in extremely small
space.
The courts have also ruled that
information given to officers by
informers must be given by ‘re
liable’ informers; informers who
have previously proven their re
liability. For instance, under
this torture of reason no search
warrant drawn on the basis of
a first-time squeal by an infom
er is valid since obviously such
a first-time squealer has not yet
proven his reliability.
This overlooks common sense
and very largely the common
character of informants. As one
officer put it: “We get very lit
tle information from Sunday
School teachers and preachers.”
People in a position to give in
formation in such matters sel
dom are Eagle Scouts.
Seldom will an informer be
able to know the correct full
name of the person upon whom
he is informing. The dope push
er is hardly required to show
his driving license and social se
curity card to every person with
whQm he has a criminal transac
tion.
There- are dozens of different
illegal narcotics and the average
informer has not completed Ms
doctorate in pharmacology; yet
the courts demand that the in
former not only tell who has but
what he has, and before doing
tMs he must serve an unspeci
fied period as an apprentice
stool pigeon, before he gets his
merit badge. ..
as this is
After Third Washing' Yates Still 1
i
Sheriff; Democrats Tahe All Jobs
Election Results
Jones County Shoriff
Brown Yates 1296
Osborne Coward 1028
Commissioner
Janies Barbee 1705
Charlie Battle Jr. 1739
Horace Phillips 1791
Delinas Brown 1788
Osborne Mallard 1685
Denford Eubands 727
Ralph Howard 575
Charles Hughes v 483
Preston Reynolds 414
State Senate
Lenoir County
Carlie Larkins 5210
Reece Gardner 4464
Jones County
Charlie Larkins 1306
Reece Gardner 781
Greene County
Charlie Larkins 1170
Reece Gardner 805
Three-County Totals
Charlie Larkins 7686
Reece Gardner 6050
House Seat No. 1
Lenoir County
Harold Hardison 5497
Fitzhugh Wallace 4202
Jones County
Harold Hardison 1574
Fitzhugh Wallace 543
Greene County
Harold Hardison 1262
Fitzhhgh Wallace 625
Three-County Totals
Harold Hardison 8333
Fitzhugh Wallace 5370
House Seat No. 2
Lenoir County
Dan Lilley 5236
Red Tingen 3350
Jones County
an Lilley 1426
Red Tingen 441
Greene County
Dan Lilley 1151
Red Tingen 761
Three-County Totals
Dan Lilley 7813
Red Tingen 4552
A year ago when efforts
reached Jone9 County Superior
Court to impeach Sheriff Brown
Yates on the grouncs of his per
sonal disqualifications Judge
Walter Boone threw out the case
and said that the place to wash
this kind of linen was at the
ballot box.
Since tjien the issue has been
very thoroughly washed —
through three election waters
and when the tally ended Tues
day night the majority of Jones
County voters stuck with the
man who has been sheriff since
1954.
Yates beat his third and last
opponent of the year, Osborne
Mallard, 1297-to-1028. Earlier
he had survived first and sec
ond primaries against Demo
crats who were after his scalp.
All the way through the Jties
day voting Democratic nominees
prevailed in Jones County, and
all of them faring considerably
better than Yates, around whom
so much controversy has swirl
ed in the past year and a half.
The Democratic candidates for
county commissioner: James
Barbee, Charlie Battle Jr., Hor
ace Phillips and Delmas Brown
— all incumbents — and form
er long time commissioner Os
borne Mallard were decisively
elected over the four Republi
cans who sought to unseat them:
Denford Eubanks — an incum
bent as a Demcrat, who switch
ed to the Republican Party in
the spring and got beat in the
fall, Ralph Howard, Charles
Hughes and Preston Reynolds.
McPEAK TO NEW RIVER
Sergeant Major Roy W. Mc
Peak, husband of Mr. Beatrice
M. McPeak of Maysville, has re
ported for duty at the arine
Corps Air Station, at New River.
REYNOLDS IN JAPAN
Air Force Staff Sergeant
Charles K. Reynolds, son of Mrs.
Paul K. Reynolds, Rt. 1, Tren
ton, is on duty at Tachkawa AB,
Japan.
Belgrade Citizens Protest Location
Maysville Sewage Disposal System
Editor’s Note: The following
letter is evidence of the concern
of citizens of Belgrade on a prob
lem many communities presently
confront.
Board of Commissioners
Court House
Jacksonville, N. C.
Dear Gentlemen:
After appealing to the Mays
ville Town Board and the State
Air and Water Resources in Ral
eigh, the Jones and Onslow
Health Department and the
State Wildlife Commission, we,
the Belgrade Development Corp.
have been unable to persuade
the Maysville Town Board to re
locate a city sewer plant. The
proposed plant is scheduled to
let the bids on November 9,
1970, therefore drastic and im
mediate action seems necessary.
are automatically created:
First is a turn to vigilante law,
under which all too frequently
more innocent people suffer than
gUflty. , j. :■
Second and in the long run
more dangerous is that frustrat
ed police officers will do one of
(continued on page 8)
Will you help us prevent our
White Oak River from this de
structive pollution?
The site of the drainage from
the plant is located in the back
door of several residences. The
fishing area around the Marl
plant will be polluted. We also
have' a newly developed camp
ground which would suffer great
damage. We plan to further
develop this area.
We have no objections to the
plant, except we feel it should
be piped past the Marl Holes
where we have a fishing resort
from all over the state and some
from Virginia.
We feel that you are our
friends and are inteested in our
development program in Onslow
County. We ask that you so
whatever necessary to prevent
this condition in our vacinity.
Please notify us as it is urgent.
It will ibe late when the river
is polluted. ' •
Thank you for your coopera
tion in this pressing matter.
Sincerely yours,
Belgrade Development
; X-v&l..
Martha Mattocks