CAHOON DIRECTLY VIOLATE STATE LAW ON SEARCH WARRANTS Court ~4md . .. riota«0vey -f dope peddlers loose in Lenoir County In direct violation of Gen eral Statute 15-27, Sub-section B. lUs sub-section which abided by the 1969 session of the North Carolina General Assem bly says: - "No search may bo regarded illegal solely because of techni cal deviations in a search war rant from requirements not con stitutionally required." The thin pretext Judge Cope land used in setting his part of the dope peddling entry free was that the informant who had given officers the information upon, which the warrants were drawn was “not proven relia ble.” • . ■ Judge Cahoon last week set an assortment free with context that the warrant did not include the word Caswell, where street address was listed as “312%”, the magistrated had typed “312% Kinston”, rather than 312% Cas well Street, Kinston.” General Statute 15-28 describ es the contents of search war rants: Section A. says “The search warrant must describe with reasonable certainty the person, premises, or other place to be search and - the con traband, instrumentality, or evi dence for which the search is to be made.” Sub-section B. says: “An af fidavit signed nnder oath or af firmation by the affiant ot affi ats and indicating die basis for the finding of probable cause must be a part of or attached to the warrant.” That is what the latest law — passed in 1969 — says a search warrant needs to include, and the enforcing paragraph includ ed with these charges is the sub section B. quoted'above. So any reasonable interpreta tion of this latest law inevitably leads to the fact that both judg es have violated the state law, which they are sworn to uphold. In addition to this point which at least inferentially makes these judges guilty of violating the law pertaining to search warrants. There is also their apparent lack of concern about the seriousness of the drug problem in Lenoir County, as well as the rest een arrested' again 54 bindl He a white student, who was sitting at his desk on class and suffered a concussion when a pop bottle was thrown through the window by one of the riotous colored students. Thomas was kept Monday night at Craven County Hospital for observation andi was released from "the hospital Tuesday. Drake Withdraws Appeals, Begins 30 Year Prison Term Last Thursday morning Wil liam C. Drake surrendered him self to Lenoir County Sheriff Leo Harper to begin serving ai 30-year prison term, thus, in effect, withdrawing his second appeal from that sentence. Drake was first convicted of second degree murder in 1969 for the slaying of his wife Pa tricia Huggins Drake on Hallo we’en Night of 1968 at their trailer home on Kinston route 1. An appellate court granted Drake a new trial, which was held in 1970 and again he was convicted of second degree mur der and again was given the max imum 30-year sentence. He ap pealed for a second time, but last week apparently decided the appeal was "futile and began serving the term. He will be eligible for pa role consideration when he com pletes serving one fourth of the 30-year term. STUDENTS BOUND OVER Lenoir Community College stu dents Larry Jones, Bfuce Ed wards and Jerry Wayne were bound over to superior cout un de $5000 bond enth last week fter probable cause oif, their guilt was found on charge of possess ing harshish and the gadgets for use of this potent derivative from marijuana, all of which was found in a trailer they inhabited south of , Kinston. ns One Civil Action Jones County Court Clerk re ports receiving one civil action in his wffice during the past week in which Virginia C. Der ry has filed suit 'for support; against her husband Willard F. Derry'of 1180 Seventh Avenue, New York Qty. She is asking $50 per month for herself and two children and alleges that she has only received $30 from Him since their separation July 8,176%. One-Cent Sales Tax Dec. Collections County Buncombe Net Collections Camden Chowan $242,949.15 1,491.54 12,308.36 Clay Cumberland Currituck Duplin Durham Greene Hertford Jackson Jones Lenoir Macon Madison Mecklenburg New Hanover Onslow Pamlico Pasquotank Perquimans Richmond Swain Tyrrell Watauga Wayne Total 4,037.56 228,464.09 3,545.00 31,051.08 225,915.32 5,412.16 25,981.49 16,334.20 3,010.14 80.703.13 17,823.78 6,117.89 632,370.31 155,790.47 71,805.07 4,176.44 38.015.64 6,223.19 49.753.64 6,55538 2,858.53 29.839.14 101,802.34 $2,004335.04 Numerous Charges Thievery Filed by " y . . Sheriff's Office i During the past week a flock of larceny charges has 'been filed in the office of Jones County Sheriff Brown Yates. V The accused include Macke in and James Grady of route 6, Edward Earl of Trenton, Walter Rob inson of Trenton . " .' Morris of Pollocksville and J. T. In one of‘ the few instances during Copeland’s tenure in the IjOcal court when a dope case got to the jury a conviction re sulted and Copeland gave the defendant a two-year jail term a minimal sentence for which .the defendant could have been given five years , in prison. Copeland on the next morning called the defendant back into court and changed the sen tence to a “work-release” term since it had been called to his judicial attention that the de fendant was the father of one bastard child by one woman and that he was six-ninths father of another bastard by another wom an. z Copeland reasoned out loud for courtroom spectators to ponder the unique judicial phil osophy that if he didn’t leave the defendant free to work the taxpayers would have to support his illegitimate progeny. Thus establishing a new criteria for leniency, which precedence could empty half the jails and prisons of North Carolina if other judg es followed the Copeland route. In the name of judicial ex pediency Judge Cahoon with out consulting the prosecuting officers along with Solicitor Og den Parker agreed to accept a guilty plea in a marijauna charge last week against King David Dove and noil pross with leave a heroin peddling charge which arose against Dove while he was out on $5000 bond pending trial on the marijuana charge. Then, after ignoring the pros ecuting officers who were sit ting in the court, Cahoon sen tenced Dove to a term of not less than two nor more than three years, which can be pull ed in about four months. The two officers ignored in this cavalier fashion- in the past six months have made more than 30 narcotics arrests and have av eraged working close to 80 hours a week, to accomplish this re markable job. At that point they both announced that they were through since twice-charg ed narcotics peddlers had more influence with the courts than their 40 years of experience as law enforcement officers could command. -This week the Lenoir County Bar has spent an hour beating its breast and threatening to buy ads in newspapers and on radio to exolain the court’s pos ition,' and the legal fraternity’s connection. An all-out effort is being made by every upper echelon official in the court system, as well as by the bar to put the blame for all that is happening and has happened on the magistrates. This overlooks the fact that Continued on page 8 Drunken High School Junior Crosses Rood in Speeding Car to Kill Cousins Walking Home from Adkin School Monday afternoon two teen aged cousins were killed as they walked along the shoulder of Liberty Hill Road when a car ; driven by another student cross ed the road to strike them down. I >' Steve Edward Hill, 15, son of Mr. and Mrs. Edward G. “Bud dy”'Hill Jr. of 728 Cavalier Cir cle. was pronounced dead upon arrival at Lenoir Memorial Hos pital and his first cousin, Cecil Edward Bradshaw, 14, son of, Mr. and Mrs. Herbert Bradshaw of 1006 Mitchell treet, died a Two Hurt Saturday In Pink Hill Wreck 'Pink Hill Police Chief Her man Dail and Jimmy Royce Ray ner of Beulaville route 1 have 'teen hospitalized from injuries they suffered at about 7:50 Sat urday night ha a wreck in Pink mil. Haynes- has been charged with driving on the wrong side of the road, since he was in the wrong lane When his car crash ed Into 'Chief Bail’s car. Dail is reportedly recuperat ing satisfactorily from painful but not critical injuries he suf fered. Rayner was treated and relase ed Saturday night at Lenoir Me morial Hospital but was taken worse during the night and was 1 hospitalized at Duplin Memorial : Hospital in Kenansville, where 1 he is now reported to be in sat isfactory condition. < The 1968 and 1969 cars driv- ! ea by the pair were classified , total losses. --- ^ Berry of Trenton. Others arrested included Jack Williams of Maysville, charged with public drunkenness and re sisting arrest and Godfrey Wild er of Trenton route 1, who is charged with public drunken few minutes after arriving at the hospital. Patrolman K. P. Parker, who investigated the twin tragedy just outside the Kinston city lim its, has indicted 17 year-old Ca barrus Lindell Bruton of 105 North Secrest Street on two charges of manslaughter and drunken driving. The boys who were killed were students at Adkin High School, where they had completed tak ing an afternoon examination and they with several classmat es were walking toward home northwestwardly from Tower Hill Road toward the Greenville Highwway. The car owned by Marion Has kins Mitchell, driven by Bruton, was headed in the same direc tion. The boys were walking on their left hand shoulder facing oncoming southeast bound traf fic. Two students riding with Bru ton, a junior at Grainger High School, told Patrolman Parker they had tried to get Bruton to slow down and warned him of the boys ahead. They both said instead Bruton speeded up the :ar and crossed the center line to go to the left side of the roadway where he hit the young rousins and narrowly missed hit ;ing several other students. Sgt. Joe Briley of the patrol said as he was taking Bruton :o the patrol station to take a jreatholyzer test Bruton pulled i razor on him and had to be mbdued. The breatholyzer test indicat ed that Bruton’s blood alcohol content was .15 per cent. At he patrol station he refused to peak and fell asleep or in a oma and sat in that fashion for rail over an hour before being aken to the county jail. Monday night Mrs. Carolina >. Pope, with whom Bruton mak s his home, signed the $5300 ond he had been placed under nd he was released pending a reliminary hearing into the harges at a date to be set by olicitor Phil Crawford.