VOL. XXXVI, No. 89 SHELBY. N. C. FRIDAY, JULY US, 1930 10 PAGES I TODAY Published Monday, Wednesday and Friday Afternoons. By tnau, per year On advance) «2io Carrier, per year 0 nadvance) $3.00 THE MARKET. Cotton, per lb. _. Cotton Seed, pcr bo. -- FAIR SATURDAT Today's North Carolina Weather Report: Generally fair tonight and Saturday. ,| CONVICTS DIE Winston-Salem, July 25.—Death yesterday claimed two convicts at * local hospital, both said to be Victims of sunstroke. C. F. Brooks, 33, of Holly Springs, and Leroy Smith, 20, a ne*ro, both of whom were serving: time upon the Forsyth county roads suffered strokes about the same time. The former died yesterday morning: and the latter yesterday afternoon. Phy sicians in attendance upon the men are confident that death was due to sunstroke. They state that one has no way of knowing when he is about to be stricken and that little can be done for such patients. Veteran Died Today, Burial Awaiting Son . /• _ 125-c ...36c Confederate Soldier, Samuel Brook*, i Passes at Lattimore Section Home •* ' ' - gr>*Hh sounded taps today for an dtfrir member of the thin9 gray ranks which followed Lee and Jack son. J&rly this morning Mr. Samuel ■rooks, 88-year-old Confederate veteran, died at his home two and ° one-half miles north of Lattimore. Mr. Brooks had been in ill health since January^, death resulting from heart trouble. Funeral services will be held Sat urday or Sunday, the hour depend ing upon the arrival of a son from Texas. For years a member of the Sandy Plains church Mr. Brooks was a leading and respected citizen of his community, one of the staunch old timers about whom the progress of the South has centered since war days. He was a loyal soldier of the Confederacy and was wounded in the head during the seven days battle about Gettysburg. He Is survived by eight children, his wife and eight other children preceded him to the grave. The survivors are: Mrs. R. A. Hum phries, of Lattimore; Mr. B. T. Brooks, of Gastonia; Mr. S. C. Brooks, of Lattimore; Mr. O. W. Brooks, of Lattimore; Mr. J. C. Brooks, of McGregor, Texas; Mrs. Hoyle Yarbrough, Shelby, Route 4; “Mrs. C. O. Doty, Kannapolis; MXs Phoebe Brooks, of Lattimore. Women Spectators Leave Court Room For Divorce Trial Judge Webb Follows His Usual Custom in AdCUery Charge , Here ; Femiiiine court spectators will never hear any unbecoming or em harrasing testimony in a court pre sided over by Judge James L. Webb, provided Judge Webb knows in ad vance that such testimony is com ing up. in court nere toaay a coupie oi divorce suits came up. In one the complaint was based upon adultery and Judge Webb ordered Court Of ficer Jerry Runyan to clear the court room of women before any evidence would be heard. This was done and when the adultery evi dence was presented no one was in the Court roam except the plaintiff, Mrs. Emily Setzer, who was granted a divorce from W. H. flStzer on the testimony presented. In another divorce case Mrs. Lola Smith wes gTven a divorce from Monroe Smith on a separation charge. According to Mrs. Smith her husband abandoned her eight rears ago and has not supported her since although both have lived to Shelby. Neither divorce was contested. Snake Story! Rntherfordton, July 35.—Here is a real snake story. It u vouch ed for by many reputable citi zens of Caroleen. Mr. Henry Head, popular postmaster at Caroleen ran over a snake Mon day ao}d stopped his car to see if be had killed the large.reptile The ear bad ruptured the snake and Mr. Head Wiled 55 small snakes, each nine inches long, that crawled out of the wound ed snake. There was a total of 495 inches of young snakes and the mother snake measured 35 1-3 inches, making the 56 snakes a total of 530 1-2 inches long. It was said to be a garter snake. This is a true story though it may sound, “fishy." Brittain Case Continued For October Court Criminal Court To End Today. — Judge Webb dears lip Jail Cases This Week. Other Cases Heard The. ca'se against Hugh Brittain, young Casar man, held in connec tion with the killing of Deputy San for Pruett some weeks ago will not be heard in Superior court until the term which convenes here the last week in October. A large number of jail cases were to be disposed of and Judge James L. Webb was desirious of clearing up the jail hearings before hearing cases wherein there are bonds. As the criminal court is expected to end this afternoon and the civil calender will be taken tip Monday, the anticipated feature case of the present session was continued un til the next court. Gets 12 Months. George Neely, the negro who shot off the hand of Police Chief Greet Ware at Kings Mountain and was shot in teturn by Policeman H. C. Hicks, was sentenced today to not less than 12 months and not more than 18 months In the state prison at Raleigh. Neely pled guilty to an assault with a deadly weapon upon Chief Ware but not guilty of an as sault with a deadly weaoen upon Policeman Hicks. The Jury returned a verdict of guilty with the verdict not specifying which case. Judge Webb held the sentence up for several days to determine if possible whether Neely would be • able to do physical labor. The ne gro, who was shot in the abdomen left the hospital here more than a month ago and has since been in Jail. Dr, D. F. Moore, county physi cian, is away on his vacation and the present condition of the negro could not be determined. Dr. Sam Schenck, of the hospital staff; was brought to court to tell Neely's con dition when he left the hospital. Dr. Schenck when queried stated that in his opinion the negro would be able to do physical labor. Without A Warrant. In view of the fact that the ne gro was shot himself‘and had spent weeks in the hospital, a part of the time at the point of death. Judge Webb hesitated for sv-me time in passing sentence. The .negro, he said, had been punished consider ably by his wound, and he remind ed the court again that the two of ficers did not have a warrant for Neely at the time of the shooting. The negro, the Judge declared, had a right to defend himself when there was no warrant for his arrest. At the request of Attorney J. R. Davis, who spoke in behalf of the officers, declaring that tho negro should be punished for causing the police chief to lose his hand, Police-) man Hicks was brought tack to the stand. The officer stated that he v.as not attempting to jjrest the negro when the shooting happened. They were called to the scene and (CONTINUED ON PAGE TEN ' Steal Prize Hog, Given Six Months Hippy Brothers Get Road Terms For Stealing Beam's Big Porker Evans and John RipjSy, who live south of Shelby, apparently believe in getting a real hog when they go 'after one. * Anyway, they were in county court this week charged with steal ing one of the hogs which won a prize at the big Cleveland County Pair last year.' The big porker was the property of Mr. Joe Beam, who lives east of town. A ham or so, identified as a part of the missing prize-winner, was found in their possession, it was said. One of the Rippy boys had just served a term on the gang and both were sent back for a half year. North Carolina Leads South, Twelfth Largest State In U. S. Pass** Georgia to Take Lead In Population. Florida Perceni age Gain Ahead Charlotte, July ft.—North Caro lina, whose progress during the past decade has brought the state to the forefront, has clinched first place among southern states In popula tion, according to figures compiled by The Associated Press. The Tar Heel state easily passed its nearest rival, Georgia, long known as the empire state of the south. Associated Press census figures compiled for the two states show ■North Carolina with a. population of 3,165.146 as of April 1, 1930, with Georgia trailing behind with 2,903, 922 Georgia led North Carolina in population in the 1920 census by nearly 400,000. North Carolina's increase in pop ulation between 1920 and 1930 was approximately 600,000, while Geor gia's was approximately 7,000. While North Carolina led south ern states in the number of people gained in the decade, the sunshine (CONTINUED ON MOE TEN ) Victor Singers Here Sunday The Hendersonville Male Quartet, Victor record and radio sinters, will be heard In Shelby Sunday evenlne at 8 o'clock when they appear at the First Baptist church in “an evening of Sacred Songs”. They arc, standing, left to right: A. F. Barber, bass; John T. Wilkins,^tenor; Seated, left to right: F-arl T. Brown, first tenor; Roy O. Bennett, bari tone. Over 3,000 Dead In Earthquake In Italy I 85 Towns In Ruins and Desolate After Wednesda y's Disastrous Quake Rome, July 24.—A relief army o! soldiers, doct—J and special workers’ of all kinds, with scouting airplanes to guide them, tonight swarmed in to the mountainous recesses of the Neapolitan hinterland to count an ever Increasing total of dead and care for thousands of Injured and hundreds of thousands of homeless from Wednesday’s clamitous earth quake. From King Victor Emanuel and Premier Mussolini down, Italy today began mobilization on a war time scale for the rescue work. Pope Plus XI, horrified by the extent of the catastrophe prepared the forces of the church. Death List Mounting From the Bay of Naples and the Gulf of Salerno on the west almost to the Gulf of Manfredonia on the Adriatic zone of devastated and stricken towns, hamlets and houses stretched like an open wound around the "ankle" of the Italian boot. With the figures of known dead at the ministry of the interior al ready mounting past 2,000, and those of the known injured ap proaching with dizzying speed the 5.000 mark,forecasts of a death toll of at least 3,000 were confidently made in Rome tonight. ■Unofficial reports before 7 p. m. gave 3,025 as the number of bodies already found. In remote commun ities and distant farms it is feared that hundreds more are buried un der debris. Even in the larger towns, rescue workers have not been able to explore all the ruined build ings. Naples, metropolis of the area, ly ing under the glowering menace of the Mount Vesisius, was under a war regime today. Soldiers guarded the streets. * convoys of food and medical supplies rushed through the streets, buildings lay in ruins as though struck by shells, and flags everywhere flew' at half mast. From Naples almost as far as the plain of Apulia, on the other side of the Appennines. at least 85 towns and villages lay desolate. Shelby Girls Safe In Italy Misses Nancy Suttlc and Kathleen Hord Safe, Relatives are V Cabled Two Shelby girls. Misses Nan cy Suttlc and Kathleen Hord, missed the earthquake disaster in the Naples section of Italy by about four hours, according to cabled Information received late yesterday by their relatives here. Misses Suttle and Hord are on an European tour with one of Miss Boyette’s parties out of Charlotte, They were scheduled to be In the Naples section on Tuesday, the day before the quake which claimed over 3, 000 lives, and in Rome on the ' day of the disaster. Up until Thursday morning relatives here had not heard from them and were worried for fear that the party had been delayed and might have been in or around Naples when the quake struck Wednesday. Yesterday after noon a cable came to Charlotte informing that tbe party has been out of the Naples district just four hours when the earth quake put a great section of Southern Italy in i uinsT7 Rela tives of members of Ihfe party were Immediately notified of their safety in Rome. Group Elects Mull Head Of N. C. Democrats Shelby Man Succeed* Self In Office Mr». O Bfrrj- Vice-chairman. Gard ner and Bailey Talk To W ■_ (.Tom Bosk in Greensboro News.) Raleigh. July 24.—Uhanimous el ection of State Chairman Odus M. Mull and Mrs. Thomas O Berry, of Ooldsboro, as vice-chairman Wed nesday night by the state Demo cratic executive committee. made the purely business part of the meet ing an uninteresting formality; but the speeches of Governor Gardner and Jo.siah William Balls .• who will do the heavy artillery for the party indicated their purpose to make this no pink tea function this fall. Messrs Gardner and Bai'.ry agreed that no Democrat needs to go on the stump and defend his party, Tire Democrats, they declared should be militant and proclaim positively the works of tfcie Democracy. If the nor mal majority Is 100,000 Mr. Batley thought this year It should be 150, 000. State Highway Chairman R. A. Doughton. agreeing that the high ways are nonpartisan, could not re press the conviction that there should be rough sledding tor the Re publicans this year. ^ • Cleveland Woman. It was a good speechmaking com - mlttee. Dr. Delia Dixon Carroll nom mated Chairman Mull c.nc' Mrs Palmer Jerman, national commlt teewoman, presided while Mr. Mull hid from the committee. Dr. Carroll, who is a native of Cleveland, said that county is in the most anoma lous position today. It is represent ed in congress by a republican and she did not believe that any Repute lican could faithfully represent Clev eland. She doubted the ability of a Republican to represent any county properly. And because Mr. Mull can scatter Democracy all over the state she favored his renomination. It was unanimous and by rts.ng vote. Miss Ruth Burks, of Lenoir coun ty, nominated Mrs. O’Berry for the vice chairmanship and declared for her that her great tact and fine ex perience with women endo.v her pe culiarly for this work. And she is the kind of Democrat who subordin ates personal wishes to party suc cess Mull Pledges faith. Mr Mull, speaking in pledge of ;his fellows, said the campaign of 1928 was treacherous and the pri mary of 1930 was not without its em barrassments. But the party had gone through both without destrue t CONTINUED ON PAGE TEN Shelby Rotarians. At Gaffney Meet A number of Shelby Rotarians at tended tire 58th district Rotary as sembly held this week it Gaffney. Two features of the session were the joint luncheon with the Kings Mountain celebration committee and the address of Julian Miller, editor of the Charlotte News, on "the Ro mance of’ Rotary.” Among the Shelby delegates attending were the Club president, Dewitt Quinn, for mer president, Carl Thompson, Dr. Tom Gold, Sam Gault, Charlie Hub bard, Basil Goode, Rush Thompson and Jack Crawford. Local Bar Praises Veteran Judge In What May Be Last Court Here For approximately a half century an official in the courts of North Carolina, three decades as a jurist, Judge James L. Webb, dean of North Carolina Superior « court judges, was paid a fine tribute to day by members of the Cleveland County Bar association. This is the last regular assign ment in his home town for the vet eran and beloved judge before the end of the term, at which time he voluntarily retires from the bench. The bar resolution adopted unan imously and read in the court room this afternoon follows: Whereas, Hon. James he Webb brings to a close his last regular as signment as presiding Judge of the Superior Court of Cleveland Coun ty, and whereas the members of the Bar of said county conShier his voluntary retirement as a great and irreplaceable loss to the Judiciary of the State and to his native coun ty, and desire to express to him and to the public their feeling of pro found regret at the prospect of his retirement, and whereas, it is the desire of every member of the Bar of Cleveland County to share in an humble tribute to the unimpeach able character, the unyielding in tegrity, clean life, high sense of honor, splendid legal ability and Ju dicial bearing of Hon. James L. Webb— Now, Therefore, BE IT RESOLV ED that it is th# sense and wish of every member of the Bar of this county that His Honor, Judge James L. Webb should know that his rate talents of wisdom and fine quali ties of humaneness in the dis charge of his difficult duties are highly commended; that his grac ious attributes of kindliness, court esy, gentleness and sympathy are greatfully^ acknowledged; that his ability as' a great lawyer and an ideal Judge are properly to be en vied and emulated; that the honor and distinction he has brought to the Judiciary, the State of North Carolina and to his native county throtigh many years of faithful and devoted service are deeply appreci ated; "that his Court has been one of dignity without austerity, of ac complishment without bluster, and of justness without harshness," and finally, that he carry with him through what is hoped will Be many more years of life and strength and health the recollection and remem berance of our abiding* love and af fection. I Defendant Get* Case Continued By A ‘Jake Leg’ A "Jake let” k*Pt Paul Wilk rrson, young South Carolina man, from bring tried at the present term of Superior court here on a charge developing from a collision of the Wither* I son car, which it is alleged caused the death of Mr. Tom Wright, aged Mooresboro citi aen. The fatal accident took place some months ago. When the, rase was called jJdge B. T. Falls, counsel for thfie defendant, asked that it be continued because the defen dant was unable to attend court due to Jake paralysis. The con tinuation was granted by Judge Webb. Building Purchased By Union Trust Co | Property of Defunct Forest City ; Bank Sold There on Thursday Forest City. July 24.-At an auc tion sale held this afternoon by Harrill & King, selling ^gents for* John D. Biggs, liquidating agents for the Farmers Bank & Trust com pany, which failed here several months ago, the. business property owned by this bank brought more than *$100,000 This money will be used to pay off the depositors of the Farmers bank. 1 The building and equipment of the bank; was bought by the Union Trust company of Shelby, which has been operating a branch bank in these quarters since the local insti tution failed. This building arid the equipment brought $54,000. A three-story brick building known as the Cyclone Auction com pany's building and which is occu pied by Horn’s cash store, was sold to O. C. Turner of this city for $20, 300. Mr. Turner was also the high bidder on the brick building occu pied by People’s drug store and the Western Union office His bid be ing $12,850. Thomas Victim Of Stroke, Is Critical Former Rutherford County Banker In Critical Condition After Attack Forest City, July 24—J. H. Thom as. one of the county's most prom inent men. suffered a stroke of paralysis this afternoon while at tending the sale of property of the Farmers Bank & Trust company, of which he was at one time presi dent. Mr. Thomas was standing in a local grocery store at the time he was stricken, falling to the floor immediately afterwar