I II 1 i I -T H 1 1(1 II I I Li AND ANSONIAN. Published by Estate of J. G. Boylin. Published Every Thursday. $1.50 a Year Due in Advance. WADESBORO, N. C, THURSDAY, JULY 26, 1923 F.STABLISHED 1881 VOL. XLIII, NO. 30 J "J 4 '': V4- PAVING CASE IS NOW NEAR DECISION. Jury Will Get It This Afternoon Is sues Will Go to Supreme Court Town Victorious So Far Whether or Not Depot Road Is Public High way Only Issue for Jury. As .The M. & I. goes to press the lawyers are arguing the case of Mr. and Mrs. John D. Leak against the town, and it is expected that Judge Harding will complete his charge and the jury will get the case before night. -The only issue on which the jury will pass is whether or' not the depot road or street is a public highway. Jpdge Harding ruled with the town in de I claring that the paving petitions and iy the bond ordinance were valid, these issues being matters of law. He de cided that the matter of whether or not the prospective assessment oft (Mrs. Leak for paving was confisca tory did not arise at this time. The proper way to protest against the as sessment is to wait until the paving is i done and the assessment is made. Pro- test can then be made to the town commissioners, and if their decision is not satisfactury the matter can be . appealed to the courts. Regarding the depot road not ad joining cr being contiguous to any ot the other streets it is proposed to pave, which is one of the main con tentions of Mrs. Leak, this was de cided in favor of the town when the petitions were declared valid. The case was taken up Monday af ternoon, and has been exceedingly hard fought. The jury was not final ly selected until Wednesday morning, most of the day Tuesday being taken up with arguments of the lawyers as to the issues to be passed on by the jury, Judge Harding made his rul ing as to these Wednesday morning, and Wednesday afternoon was de voted to hearing testimony by the town's witnesses as to when the road was opened, its maintenance since and other work done on it. No wit nesses were put on by .the plaintiffs, those who testified for che town being D. A. McGregor; I. H. Horton, C. B. Luther,. H. B. Allen, W. P. Parsons, C M. Burns, James A. Hardison, G. W. Huntley, S. S. Shepherd, Dr. J E. Hart, M. B. Howell, J. F. Martin, F. W; punlap,.W. P. Ledbetter. ... ' Mr. Burns testified that the road was 'opened about 1885, lie being street commissioner of the town at the time, with the consent of xhe late Judge Bennett, and his evidence, and that of the other witnesses, -was that ever since that time it has been main tained by the' town and the public generally has used it without objec7 C . tion by any member of the Bennett S-""r ',. . T , -i; t mm x or JLeuK ianuues. in j.v extensive improvements were made in the road, it being widened considerably, and the route being changed to some ex tent, it entirely leaving the old road in two or three places. - A number of old deeds signed by Judge and Mrs. Bennett and others i and naming the depot road as the boundary of various tracts were put , v in evidence, all tending to show that the road was recognized as a public highway. 1 Generally speaking, the law is that if a road has been in use and has been maintained by the public for more than 20 years it becomes a public road. However, it is the contention of the plaintiff that when the road was opened it was not more than 15 feet wide, and that it is ndw approx imately 50 feet wide, most of the ex tra width being taken in 1910. Also in 1910 the road was changed in pla ces, and the plaintiff contends that . since these changes were made 20 years have not elapsed, and thereforel I the road is not public. 1 A great many reasons were alleged by the plaintiffs for declaring the pe titions and bond ordinance invalid, but all were overruled.by Judge'Hard ing. Howeyer the matter of right of way is decided, all the issues' will go to the suprame court. When the town rested each side ar gued for a directed verdict in its fa vor on the evidence introduced, but Judge Harding ruled with neither one. J In the course of the trial Mr. T. L. Caudle, whose firm is local counsel for x the Seaboard, stated that the road, '' which has considerable frontage on this highway, was not taking any part in the fight, but had directed his firm to sell its land, at the foot of the , hill on both sides of the highway and (J extending through to Green street, be. . Ifore the paving assessment is made. Attorneys representing Mr. and Mrs. Leak are McLendon & Coving ton, John T. Bennett, Frank L. Dun- lap, J. A, Lockhart, of Charlotte. Ynn.AonnVff flia Innm n ... T ..V. I N Caudle & Pruette and John C. Sikes, of Monroe. , Dr;. W. L. STEELE. Dr. Walter L. Steele, of Rocking- y ham, died last Tuesday in the Anson Sanatorium, where he had been unuer "N. treatment for some time. Dr, Steele "Vas well known, in" Anson, wjre he had many friends. He was a-aon of the late Congressman j .Steele. .The remains were taken to Rockingham lor atermest. (L.: ANSON SANATORIUM NEWS. Mrs. J. T. Gaddy of Ansonville has entered the hospital for treatment. Gladys Baker, who was operated pn Sunday night for ruptured appendici tis is somewhat improved. Mrs. D. T. Preslar of Polkton was operated on yesterday. She is doing as well as could ie expected. 1 . The condition of Mr. Tillman Brown is much improved and he expects to be able to leave the, hospital in a few days. ' . Grover Rayfield of Mt. Croghan, S. C. had his tonsils removed Tuesday. Mrs. T. Boyce Henry and ,. young daughter have returned home. John Pipkin of McFarlan had his tonsils removed Thursday. Mrs. R. D. Teal of Chesterfield, S. C. has entered the hospital for treatr : body and head. ment. , , Col. Miguel Trillo, Villa's secre- Mr. S. V. Ross of Norwood who was , tary; Rosalio Morales, one body operated on several days ago for ap-1 guard and one unknown bystander pendicitis expects to go home Sunday. I were also killed. One Villa guard Maxey Jackson of Mt. Croghan and I was wounded. The attacking band Sidney Short of Chesterfield expect totaled seven the bandit's unlucky to return home this week. ' . number. The assassins were on foot The condition of Miss Mamie White I while Pancho's-wen were mounted, of Cheraw, S. C, is greatly improved. leaving Parral on a happy-go-lucky Mr. Earl Smith, Miss Eva Ratliff journey to his ranch at Canutillo, Du and Miss Georgia Faulkner have re-, rango. . turned to their homes. ! The assassins went up the river The condition of Mrs. H. C. Gaddy is much improved. Mrs. B. N. 'McLaurin of Morven, had her tonsils removed Tuesday. Mrs. "J. E. Harkey who was a pa tient at the hospital for a couple of days returned home yesterday. Mrs. R. L. Huntley has returned home. Mrs. H. W. Williams returned home Monday. Dr. Walter Steele of Rockingham, who has been in failing health for several months died early Tuesday morning. , Colored. Jacob Diggs of Morven entered the hospital Sunday. His condition is quite serious., , D'ma Shaw' of Gulledge township was operated on yesterday. She is doing very well. The condition of James Young who was injured ty being kicked on the abdomen by a mlue is somewhat im proved. : .Julia Jones who was operated on last week i much improved. 1 .Wincy McLendon, Nelson Tillman and Luther Sellers are improving. COLORED MAN KILLED. A colored man, Willie Reese, whose home was at Atlanta, and who was working on the highway ' hetween Wadesboro and Polkton, was killed last Monday when he fell from a mule. The report is that Reese was riding the mule, which had gear on it, and carrying a watermelon. He drop ped the melon, and in attempting to catch it ; he frightened tie mule, which ran away. Reese was thrown, and he became entangied in the gear and was dragged some distance. Among other injuries his head was crashed to some extent. SULLIVAN LAND TO BE SOLD. Mr. J. W. Sullivan yesterday made a contract with the Walter & Gurley Auction Co., of Kinston, to . sell his land on the north side of the Wades-boro-Lilesville road between Eastview cemetery and the railroad. The land fronts approximately a mile on the road, and there are 108 acres, run nine back within a short distance of the Wanoca club. The present plan is to cut the land up lifto building lots and small acreage lots and sell them at auction next fall, as soon as the crops are off. This property is be tween town and the new cotton mill, and much of it lies well. ANOTHER "DYING RACE." Eastern museums are sending out calls for cigar store Indians. Obvious ly the stoic of wood and paint who once faithfully guarded the. door of the tobacconist's shop is to be pre served for the admiration fit future generations. Our good wishes , go with him. We' recall many silent moments of delightful awe spent in his presence. There was a time when his ' tribe was large, with re presentatives in every city and town of size in the United States. Then something happened to the race. One by one these ruddy braves be gan to disappear, until now their kind is practically extinct. It would be interesting to . know just how long the race flourished and who originated the idea, al though it is not hard to understand why a wooden Indian was adopted as a symbl of tobacco. ,It was the Indian who taught his paleface brethren the tobacco habit, just as the white man taughthim to drink firewater. New Orleans Times-Picayune. 1 : ,. . NOTICE. All persons interested in Fall Branch, Home's and Savannah schools are requested, to bieet at Olivet church at 10 A. M., Monday, July 30th, to dis- cuss the proposed consolidation ot - Friend "I am not responsible for these schools, . " : A. RORIE,... jthat I'm a sleep-walker!" Kas Committeeman, of Home school per (Stokholm.) KILLED FROM AMBUSH. Secretary Was Not Responsible for I His Death, but Was Killed Along With Other Members of Villa's Party;: Parral, Chihuahua, Mexico, July 21 The body of Francisco "Pancho" Villa. Robin Hood of Mexico, the most interesting character . of contempora ry Mexican history, a puzzling com bination of horse sense and of fiery impetuosity lies in the city hall here with thousands- of persons flocking to see it, heavily guarded, as always a part of his military strategy learned in a hard school of expe rience. Villa met death yesterday, morning about 8 o'clock on the out skirts of Parral when seven assassins from ambush sent 16 bullets into his bed and made off, mounting horses near- the river bridge. General Ed ward Martinez, commanding a de- I tachment of 300 Federal soldiers, cap I tured three of the attacking seven late yesterday near here. j General Martinez, who hurried here ( from Chihuahua City for a personal investigation, is holding the men un- der orders of President Obregon. The General said the assassins used 30-30 s rifles. Military detachments left Ji- minez and Valede Allende to trail the murderers. . Federal' troops have gone to Canu tillo in anticipation of possible disor ders at the Villa ranch. Affairs af fecting Villa's estate are admitted to be involved, and opinion is openly stated here that the ranch may re vert to the State. Two theories are advanced by au thorities here investigating. One is that deserters from Villa's guards committed, the killing. The other js that of revenge. , No Military Funeral for Villa. lIftxicdjtyJulyL.-rr-Pxasident Obregon's plan to accord full military honors to the funeral of Francisco Villa, former rebel chiftain who was killed yesterday, will not be carried out, it was announced officially at the war, department late last night be cause Villa's . name was not carried upon the official military rolls of the government, ' f ' Chihuahua City, Mexico, July 20. Official telegrams received at mil itary headquarters confirm the death of Francisco Villa, near Parral, this morning, and exonerate his secretary, Miguel Trillo, of all blame for his death, earlier telegrams having said Villa was killed by his secretary. Excitement here is intense. The assassination of Villa and the breif fight which followed are said to be the outcome of political disturb ances. General Eugenio Martinez left here at 11 a. m. today with 100 soldiers on the way to Parrall. According to the official reports, Villa left Parral accompanied by Trillo, two guards and a chauffeur, early this morning. "While going over the Guanajuato bridge, near Parrall, the party was assaulted from both sides by a number of men." Villa and Trillo were killed at the same instant, together with their companions the oiiicial telegram says. The bodies were taken to Par- rail, v " WHO PAINTED DEEP CREEK BAPTIST CHURCH? (Contributed.) It has been noticed for some little time that Deep Creek Baptist church was in need of a new dressing. Like most worthy undertakings of commu nity interest it was not attended to promptly enough to suit some: Paint ers appeared there the other day and straightway began to dress up the church in white , with becoming trim mings. The people of Gulledge town ship are of an inquiring mind, and the fact that the church was being paint ed did not satisfy their curiosity. Sus picion has fallen on Messrs. G. K. Lit tle, S. M. Gulledge, J. L. Beck, J. T. Webb, (well known as 'Squire) and Dr. J. E. Hart, and one or two others. Despite the . fact that these gentle men may not all be members of this church, it is thought that there will be a church trial, and if found guiity, the sentence will most likely be a reprimand (for arousing their curi- I osity) and promotion. The Wadesboro friends of Dr. Hart are impatiently awaiting to see how the promotion will adorn his present, galaxy of pre ferments. ' " The Unkindest Cut Author "Why did you leave the theater last night before the play wa. finished?" VILLA POLKTON LOCALS. Bridge on Detour is Unsafe Baby , , Dies. The bridge on the short detour to Wadesboro by C. B. Briley's is very unsafe and should not be used. The ; longer detour by P. I. Davis' is safe and satisfactory. TV, n.t.tl.1 TT: . . i: venes with the Polkton Baptist' It is not known how long this situa- d operating account of $232, church next Saturday. A good pro-, tion will last, but probably not a ' f 0af readi the report of the spec gram has been prepared and the dis-I great while. The corn and -wheat aJjomm;"e PPomted by the 1923 ,.,,.,, nrnmi.. n vo ;t,Qf 5. 4 I croDs in Anson are both rood this esslon of the legislature to institute oiol 5nif.fi J- tAA the Baptist churches In Anson countv to send delegates. Visiting brethren and sisters will be heartily welcomed. Everybody will be cared for. Rev. Dan T. Hurley will preach at Polkton Baptist church next Sunday " at eleven o'clock A. M. and at eight! at night. Mr. Hurley is a graduate of Wake Forest College and has been attending the Seminary at Ft. Worth Texas. Recently, he was appointed Missionary to Rouniania and with Mrs. Hurley will sail for that land in August. He was married about a year ago to Miss Ida Flake, one of Anson's most highly cultured and popluar young ladies. Mrs. Bettie Maske visited the orph anage at Thomasville in the early part of the week. She was delighted with her trip. Mr. and Mrs. Jack Flake, after spending some time with Mrs. Flake's father, Mr. A. L. Caudle, returned t? o .mmm Mi v.ti. p.,, , ' " MwwmfsMaa,u J t'liug lilt ViV die, Mrs. Flake s sister. Mrs. J. F. Maske and daughters, Misses NoraLucile and Winnie, and son, Royall Bennett will make an au tomobile trip to relatives at Sanford and Jonesboro the last of this week. Protracted meeting is being held at the Methodist church this week. The pastor, Rev. Mr. Ballard is doing the preaching. Miss Ruth McCollum is spending some time at her home near Polkton, nursing her'mother who has been un well for sometime. Mr. Thomas Tadlock, who recently underwent a critical operation at- a Charlotte hospital is at home much improved. Mio.. t.,, Tir.i- v. .j frfim sn PYfrPTlftaH vfaifr amn-niv f T-inla i . i . ... . . .1 , t t a o Miss Corrie Hill of Mineral Springs is spending some time with friends mi Polkton. n.i, if,M, Mr. and Mrs nouy are spenaing some time in Polkton. Mrs. Myra Lockhart, Miss Lela Goodman and Miss Julia Cameron are at home from the Summer school at N. C. C. W. Mr. and Mrs. M. P. Harris spent last Saturday and Sunday in Maxton. Mr. and Mrs. Ed Bass and son, Mr. Carl, and niece, Miss Nellie Mae TT-ll .. Bass, of Alabama are guests of Mr. and Mrs. Earl Bennett this week. Messrs. R. G. Austin, C. B. Will iams, Carl Smith, W. B. Harriss and Brack Walters returned Tuesday evening from an automobile trip Jo Asheville and other points in western North Carolina. Mary Cornelia, small child of Mr. and Mrs. W. F. Miller of Pageland died at the Charlotte hospital Tues day afternoon at 5 o'clock. The re mains was brought here that evening. Burial was at the Williams cemetery at 2 o'clock Wednesday. The ser vices were conducted by Revs. Ballard and Preslar at the home of Mrs. T. K. O'Neal. Little Mary Cornelia was the only ' daughter of Mr. and Mrs. Miller-and was 7 months old Tuesday. She was born the 24th of December and pass ed on to her eternal nome July, 24th. Christ said, "Suffer little children to come unto me for of such is the kingdom of heaven." Much sympa thy is felt for the bereaved parents and little brother. SNAKE KILLED ON Y. R. P. TELEPHONE LINE. For many , years the Yadkin River Power Co. has had a private telephone wire from their office here to Blew ett Falls, but last Tuesday jt became impossible to talk over the line. A lineman was sent out to. see what the trouble was and he found that a dead black snake was wrapped around the telephone wire -and also ,around the ground wire on a pole, causing a short circuit. Apparently , the snake had climbed up the pole to rob a yel low hammer's nest. The wire runs on the same pole with the high tension J electric wires, and carries considera ble electricity. He touched the tele phone wire and the ground wire at the same time, and the carreer of his snakeship came to an end right there. A Biblical Scholar. "And do you know your Bible, my child?" "Oh, yes; I know everything that's in it. Sister's young man's photo is in it, an' ma's recipe for face cream, an' a lock of my hair cut off , when I was a baby, an the ticket for pa's watch." Melbourne Punch. Don't expect people to follow your advice..'; , CORN PRICE EQUALS WHEAT. 1 - . t . I mucu ietemiy in me iuau grain mar-' Ke'. te corn ana wheat prices per . bushel being practically equal. The! Allen Milling Co. is' paying $1.15 a: bushel for good wheat, whereas it is . understood that the wholesalers are ! luvinir nrnnm SI 19 in 11 Ifi tnr pnm vear. although of pmira a uront Hpnl more corn is raised. LILESVILLE AND WALLTOWN. Wilkins and Sons of Gaston county will begin work on the new brick ; church at Forestville August 1st. Rev. D. F. Carver states that they are noted for excellence in work, possess ing and using an unusual talent for turning out work. Next Thursday is the day set to haul the ballast for the concrete foundation and 13 or 20 teams from the community are ex- pected to do the work that day. Rev D. F. Carver will give his personal supervision to the work of both churches, Forestville and Lilesville He has already demonstrated his ca pasity as a builder 22 years ago when he built the parsonage at Lilesville. Mr. and Mrs. W. Alma Smith of Albemarle spent tha week-end with 1 her sister, Mrs. Marshall Spencer. I.Ilss Flora Spencer is visiting her ' sister, Mrs. Frank. Catkins of Albe- mane. Mrs. Georgs McDuffie and sons spent Sunday with her brother, Mr. E. R. Liles. Mr. Walter A. Nance will leave Tuesday for his home in Pine Bluff Ark. Mr. George Sinclair and family of Georgia spent several days with Mrs. Sinclair's parents, Mr. and Mrs. John Ridenhour. Mr. Sinclair is connected with the Alexander Lumber Co. and has made good. Miss Sadie Wall Richardson, who is attending summer scnoolvat Raleigh is expected home this week. ' Miss Dorothy Dryer of Birming ham will, arrive Wednesday to visit her sister, Mrs. F. J. Cloud. Miss Tlnrntnv Whh 1a tno nTTrarr- live visitor of Miss Virginia Wall. Mi5srwall entertained in honor of her ' r . r, j I jvuss iviary luorgan oi oncoru i visited Miss Glennie Mae Scarboro last week. Mr. George Scovel is on an extend ed visit at the home of Mr. J. F. Cloud. ' The Business Men's League is planning a sales day to take place August 4th. 'Mr. T. B. Seago and family left this week for western North Carolina. Mrs. Rosa Wall is visiting her daughter, Miss Nancy Wall who is attending summer school at Boone. Mr. and Mrs. E. T. Knotts returned from Alabama this week. We are glad to note that Mr. J. A. Morton is able to be out after several days illness. "PANGOLIN" ROLLS UP IN ITS TAIL LIKE A BALL FOR SELF-PROTECTION. Pppular Science. In a remarkable collection of strange animals brought from the wilds of Central Africa by Seth Thomas, explorer for the London Zoological Society, is an extraordi nary long-tailed ant-eater, called "pangolin," that rolls up in its tail like a ball whenever an . enemy ap proaches. This lizard-shaped animal is cov ered from head to tip of tail with hard scales that appear to be of bone, but that on close examination prove to be made up of closely woven hairs all tightly joined together. . These scales serve as stiff armor which, when the pangolin rolls itself into a ball, covers all exposed parts of the body. Strange to say, while the ani mal is- in the form of a ball, it is able to roll itself along the ground, and thus move away from the scene of danger. Long claws attached to the pango lin's short legs also serve as effec tive weapons for1 defense. In run ning or walking, the claws double up under the feet. For this reason the pangolin usually stays in its burrow in the daylight and hunts by night. Of the several species of pangolin, of Which the 'long-tailed type is one, all have the sharp claws and long, stick tongue of the ant-eater. They are usually from one . to three feet long. The pangolin has no teeth; in stead, the mouth contains a bony structure that extends into the throat. On the tails of some varieties are bare spots, serving a purpose un known to scientists. . TWO SMALL COURT CASES. Besides the paving case, the only ; - .-i very unusual situation nas pre- ti.. f. ..;i...i .1.. rf : I 1 nere two cases to.be disposed of at the spe-Up. v cial term oftourt are: Wra. C. Thorn-J Maude and J. W. Bnnn to Desda E. as vs. G. E. Crowell; judgment for Liske. 56 acres fa Ansonville town plaintiff. Austin, Nichols & Co. vsJsn;p. $2,000. - e. Gulledge & Son; judgment for de-1 fendanta. THE STATE'S FINANCES. Small Deficit or Small Surplus , Depending on Way Voa Looked at It, Last December Small Deficit NowReport of Leg islative Committee. "We find that on December 31, 1922, there was a surplus in the general I an audlt ' the state's finances. "The condition of the state, as shown by the auditor's report upon a (revenue or accrual basis, on Decem ber 31, 1922, show a deficit of $477, 194.75 in the general or operating fund account. "There is a note of $710,000 charg ed against the general fund or oper ating account which in our opinion should be treated as a part of tha funded debt of the state and should not be charged to this account, al though the auditors in preparing the report were justified in charging the note to the general fund because of the technical language used by the I legislature in creating the obliga- tion. "This item represents the accumu lated deficit found in the special school fund of the state, when in the year 1921, the school fund of the state was transferred from a special fund supported by a specific ad valor em tax to an appropriation account of the general fund to be provided for out of the general revenues of the state. The extra session of 1921 was called to consider this matter and passed an act authorizing the borrow ing of the amount of $710,000, to pro vide the funds to take care of thi3 de ficit in the special school fund. The amount did not represent excessive expenditures over revenue for the cur rent year of 1921-and the special ses sion recognizing this fact did not pro vide current revenue for it but direct ed that it be funded by current bor rowing to be renewed from time to time and eventually liquidated out of any surplus tevenue that might arise in the future." The." item,, therefore should not be Considered a 'charge against the current general fund for the period under review. 1 "The auditors have used in - their report in accordance with our instruct tions the estimates of revenue for the half year ended June 301923 made by the hddget commission and accept- ed by the. general assembly. (This iat the estimate the auditors are writing into the reports to be filed.) "Taking this estimated revenue in to account and after eliminating the note of $710,000 previously referred to there is an accumulated deficit in the general fund as of June 30, 1923 of $86,468.13 which deficit will in our opinion be more than covered by the revenues applicable to the period prior to December 31, 1922, , which, have since, been collected but not ta ken into account by the auditors in the balance sheet attached hereto, for Che reason that the auditors took in to account only such revenues as were collected up to and including May 18 1923." This condition of the state finances, according to the committee's report exists after a note of accumulated school fund indebtedness amounting to $710,000 had been eliminated fijona consideration as the extra session of the legislature had in 1921 authorized that this school fund note be retired from time to time as a surplus occur red in the operating revenues. This note was not an Item chargeable against current revenues, in the opin- ion of the committee, as it was an ac cumulation over a period of years and the special session of 1921 recognized this fact and provided for funding it virtu such time as a surplus in cur rent revenues occurred when it could be liquidated. The committee recommended chan ges in the system of auditing and car ing for the state's accounts, these rec ommendations being submitted by the auditors making the survey of the fi nances. The governor on behalf of "he. council of state accepted the re port and State Auditor Baxter Dur ham moved that the report be adopt ed as submitted and that the recom mendations be pledged by the proper ptate crlieials to. be carried out. This motion unanimously passed the coun cil of state. , LAND TRANSFERS. The following real estate ded3 have" been registered since The M. & L's last report: 1 Board of education to Mrs. Sadie Griffin; two acres adjoining- J. W. Griffin; $155. ; U. C Staton and wife to E- C Grif fin; 22 acres in White Store township; Anson Real Estate & Ins. Co. to C. C. Uren; land on Carr's Mount; $100 etc. J. W. Thomas and wife to L. C. Rroomf. iot ?n r nM- PppM.nd: Subscribe lor tha il. & L