Around Our Town
WITH RENN DRUM
Shelby Sidelights
/~\VER tn county court recently I
V an attorney, in representing his ;
client, informed the court.
“When this case is called tomor
row, I'm going to insist on immed
iate trial."
“Sure, you may insist all you
please," answered Judge Kennedy,
“but, of course, I can't say now
whether or not it will do you anv' j
good."
And that statement sums Up in
* pretty good style Just how Record
er Horace Kennedy, cine of the j
state's youngest jurists, operates his
court.
When Judge Kennedy was elect
ed there were quite a number of
old-timers who feared that because
of his youth he might not be able to ;
keep a steady, controlling hand dr. ’
the court room procedure.
“He’s capable of holding the
position," they debated among
themselves, “but since the majority 1
of the attorneys who practice in
the county court are older than he i
It may be that he will be a bit i
backward about expressing his own
opinion in ruling, or over-ruling
objections.”
But so far it seems as if the old
* timers underestimated the mild
mannered young fellow who holds
court almost daily in Shelby.
As yet no one has handled the
control lever of the court room ex
cept the youthful judge, and he
has hanr..ed it In his two months
in office in a manner that
has the court spectators sitting up
and taking an interest, so to speak.
Which doesn't mean that Judge
Kennedy has been staging any
grandstand play in exercising his
rightful authority and maintaining
the necessary dignity of tire court
room. Not at all. He makes his de
cisions and rulings, and, when nec
essary, calls the hand of those who
overstep the bounds of propriety in
a modest, but very firm manner.
Those who thought at times that
they detected signs of weakening in
the modest, untempered rulings
from the bench have found out,
usually to their own embarrass
ment, that the rulings were just
as positive and stone-wall like as
if they had been shouted in angry
tones.
Right after he was ejected and
before he took office, the new re
corder in an informal speech de
clared that he had a sort of menu
he intended to use in the court
room. In other words, he had a cer
tain fine set for each amount of
whiskey or for certain specified
charges>.and certain road sentences
for specified convictions, the fines
and sentences to be imposed on the
particular charges regardless of the
rank, color, or wealth of the con
victed defendant. Among those
who heard the statement were
some who gave the youthful judge
credit for his ideas as to impar
tiality, but meanwhile they reflect
ed themselves that he would soon
learn that a theory, built upon the
optimism and fair-play spirit of
youth, would crumble rapidly be
fore the hard and material facts of
the court room.
But if Judge Kennedy's theories
have crumbled, or if his menu has
failed to serve in a single instance
in the court room, we have failed
to hear of such. ,
Somewhere just a few years back
in his boyhood Recorder Kennedy
must have played baseball. Any
way he is well acquainted with that
old basebal slogan, “Three Strikes
and Out,” except that in his case it
is “three times and in, or on,”
meaning the jail or the chain gang
Third offenders in county court
have learned since 1929 started
merrily upon its calendar course
that they may as well get ready
for 30 or 60 days away from home.
On one occasion since the new
Judge has been in office an attor
ney asked a witness on the stand.
“Do you think the defendant is
guilty?” or something to that ef
fect, and at that juncture the judge
interrupted with “That’s my part
of the thinking, Mr. Lawyer. Just
let the witness tell what he knows
and not what he thinks.”
All of which simply reiterates
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that Judge Kennedy runs his own
court. County courts do not assume
all the dignity, and cumbersome,
and' often needless formality due to
the fact that the lawyers and the
judge are nearly always fellow
townsmen as well as fellow barris
ters. Which doesn’t mean that j
Judge Kennedy is hard or over
bearing. He isn’t. Not in the least
Neither docs he attempt to high
hat his pals from the bench, but he
does let the pals knows that he
must be respected, not because of
himself, but with the proper re
spect due the bench. And, in a
manner of concluding, the meth
ods used by Judge Kennedy, who is
known to nearly everybody when
off the bench as "Horace,” are
causing a decided movement among
the law violators to keep from call
ing in his court more than once, if
possible. Of course, to some ot
them it isn’t possible.
THREE Shelby boys travelled off
in swanky style last week-end
to call upon their girl friends in a
neighboring town, and the downfall
of their swank is too much of a
good story to keep, although names
are not to be mentioned.
The three young fellows, as
young fellows will do, had become
ecqualnted with three rather sty
lish girls of a town a goodly num
ber of miles from Shelby, Sunday
they decided to visit the girls, and
they desired aboye all things to
make a good Impression. Forthwith
they secured a very stately motor
sedan, then meandered about and
secured a colored wash boy at one
of the service stations, fixed him
up as a chaeuffeur and placed him
under the steering wheel.
A few hours later they rolled into
the home town of the girls, and
what we mean to tell you is that
they rolled in in high style. The
three youths seated as dignitaries
in the rear seat from which they
directed the course to their chauf
feur. The latter piloted the car
around to the home of the girls
where the boys made pop calls and
arranged for dates later in the aft
ernoon. Then they returned to the
hotel, “tidied up,” left their chauf
feur, and drove the car around to
see the girls. Of course, ylcnow,
they couldn't be bpthered with a
chauffeur when out on a regular
date. And so they motored, and as
they motored down in the rear end
of the car some of the gears began
to groan and whine. Wrapped up,
not necessarily interlocked bodily,
in their conversation with the girls
the youths paid very little atten
tion at first to the groaning and
whining of the dry gears. But soon
the groaning and whining became
something fierce and the three
youths, traveling swanky up to
that time, drove the girls to their
respective residences and then vis
ited a garage. There the tempera
ture of their swank began to de
cline. The car was considerably out
of fix and needed parts which could
be secured only from Asheville.
The boys started on home with it
but got several miles out of town
and the car refused- to move any
more. Then they began pushing
back to town, and perhaps near to
perspiring blood at the thought
that their girls might come riding
by and see them out pushing with
their chauffeur. Eventually they
got back to the town. It was after
dark and only one parage was open.
Not a single cafe was open and the
boys, after their push, were hun
gry, and, at the same time, had very
little money. After many weary
hours, as they say in the movies,
dawn came and a bakery opened at
five o’clock and the three jaded
youths, by that time minus nearly
all their "dog and swank,” secured
some rolls to eat. A little later one
of them caught a ride to Asheville
to get the necessary parts for the
broken car.
vAn hour of two later the other
boys began hitch-hiking and bum
ming, and some time Monday they
reached home resembling very lit
tle _ the * tylish youths who left
town Sunday with the view of mak
ing an impression on their girls.
In love, as well as in life, one
meets with ups and downs.
A REMARK by one of the young
fellows rounded up as an al
leged bootlegger by the undercover
man who visited town recently:
“You know, if a man should come
In my place suffering from snake
bites and with the snakes still
hanging onto Ills flesh sucking his
blood. I wouldn’t'So much as turn
my hand to help him get a drink.
I’m through with these favors for
lriends.”
ADMINISTRATOR’S NOTICE
Having qualified as administra
trix of the estate of Dover M. Mull,
deceased, late of Cleveland county,
NorUi Carolina, this is to notify all
persons having claims against the
.estate of said deceased to exhibit
them to the undersigned at Shel
by, N. C. on or before February 27,
1930, or this notice will be pleaded
in bar of their recovery. All per
sons Indebted to said estate will
please make Immediate payment.
This February 27, 1929.
EMMA MULL. Administratrix
of Dover M. Mull.
Jno. P. Mull, Atty.
CINDERELLA
BOOTERY
LADIES’ SHOES EX
CLUSIVELY.
— ON THE SQU/RE —
1 SHELBY, N. C.
Prison Musician To
Get A Stage Trial
Raleigh With the consent of
Governor Gardner, arrangements
have been made for Paul Turner,
so-called "mystery man" of the
State prison, to appear at a local
theater ihe last three days of this
week for the benefit of the prison
recreation fund. In recent weeks.
Turner has been singing and play
ing the piano weekly over radio sta
tion WPTF here. He was convict
ed of manslaughter following an
automobile accident In Henderson
ville. The prisoner admits his pris
on name is an alias, but declines
to disclose his real name or discuss
his past.
Star Advertising Pays
COMMISSIONER'S SALE OF
LAND.
Under a decree of the superior
court made In special proceedings
entitled "F. R. Turner and wile,
Margaret Turner, petitioners, vs.
May Love Turner and Laura Tur
ner, guardian of May Love Turner."
made February 26, 1929, the under
signed commissioner will offer for
sale at public auction to the high
est bidder at the court house door
in Cleveland county. N. C., at 12 M.
on
Saturday, March 30, 1929.
the following described tract of
land:
Beginning at a stake on the east
bank of First Broad river and In
the old Klrkendall Ford road, and
running thence with the meander
ing* of the said road and with the
lands of C. O. Champion N. 71'i
degrees E. 5.00 chains to a cedar
post: thence N. 33 deg. E. 7Vi
chains to a cedar post; thence N.
68Vi deg. E. 4.50 chains to a cedar
post: thence S. 63 aeg. E. 10 chains
to a Make; thence 8. VI deg. E
12.75 chains to a stake; thence 8.
88 H deg. E. 1.50 chains to a stone
on the north side ol the road, W.
B. Turner's and Samuel J. Green s
corner; thence with Green's line
N. 28 deg., E. 26.75 chains to a
stone, W. B. Turner's and Lewis
Hardin's corner on Samuel J.
Green’s line, formerly a post oak
stump; thence with Lewis Hardin's
line N. 76'* deg. W. 20 85 chains to
a red oak stump. Turner's and
Hardin's corner; thence with Lewis
Hardin’s line N. 52'» deg. W. 43 50
chains to a stake on the east bunk
of First Broad river; thence down
the river as it meanders the general
average of which Is ns follows: S.
46'i deg. W. 4.40 chains; S. 40 deg.
W. 2.40 chains; 8. 1.20; S. 29* a deg.
E. 3 chains; S. 30'i E. 6.50 chains;
8. 32'* deg. E. 5.25 chains; S. 461 _•
deg. E. 10.25 chains; 8. 29 deg. E. 3.50
chains; 8. 14'i E, 1.50 chains; s. 23
deg. W. 3.00 chains; 8. 37deg.
W. 7.00 chains; 8. 28 deg. W. 2.00
chains; 8, 23 deg. W. 3.00 chains;
S. «H deg. W. 4.30 chain*; & IMi
. „ E. j.ju cnaina; & 33% X. 425
-'ins to the beginning, containing
165X acres, more or less. Exoept
from the aforesaid land has been
sold 5 acres known a* parcel No. l
described In book UU, page 630, of
the register of deeds office for
Cleveland county, N. C., also all the
mineral rights In all of said lands
described In the aforesaid book;
same is also subject to the rights
and easements contained In deeds
of record In the aforesaid Office In
books II, page 341; MM, page 479
and YY, page 380.
Terms of sale; One-fourth (%)
cash: balance in two equal annual
Installments.
This February 26, 1939.
D. z. NEWTON, Commissioner.
Newton <te Newton, Attys.
Arthur Rtordan of Dublin on re- .
turning from Australia cannot use
his own funds without court action
being legally declared dead eight
years ago.
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