VOL. XXXVIi, No. 64
SHELBY, N. C.
FRIDAY. MAY
10 PAGES
TODAY
iM>, 1931 Published Monday, Wednesday and Friday Afternoons.
Hr Mkll. o«r rear. (In ad.aura) _ IZJm
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Late News
Warmer Tonight,
Today’s North Carolina Weather I
Report: Fair and somewhat warm
er tonight. Saturday Increasing
cloudiness probably followed by lo
cal thundershowers and slightly
cooler in the west in the afternoon, j
Dunn Fleeted.
'Montreat, May 29.—R. A. Dunn,’
Charlotte banker and capitalist, was
elected moderator of the general as
sembly of the Presbyterian church
in the Cnltcd States at the initial
business session of the general as
sembly Thursday afternoon. Break
ing a precedent of 16 years, Mr.
Dunn, a layman, won over five other
nominees, all ministers. He is the
first layman to be elevated to the
highest office in the gift of the
church since 1914, and the fifth since
its organization in 1861.
Supreme Court
Does Not Alter
Lattimore Case
Sentence Upheld In
Bank Affair
tppeat Taken On .fudge's Charge
To Jury. High Court Rules
With Judge.
J. J. Lattimore. whose sentence
was affirmed by Supreme court, is
still in Shelby awaiting final noti
fication from the Supreme court to {
the clerk of Superior court before
going maalelgh.
RaleigsCMay 29 —J. J. Lattimore,
former cashier of a Shelby bank,
must serve a sentence of five to
eight years in the state prtson. He
was convicted at the January t$jm
of Cleveland superior cdurt of mak
ing false entries on the books of the
Cleveland Bank and Trust company,
which was consolidated last year
with another bank.
Represented by such able lawyers
as Clyde Hoey and former Repre
sentative B. T. Falls, the Shelby
banker appealed to the supreme
court on the ground that Superior
Court Judge Clement, of Winston
Salem, erroneously charged the jury.
Associate Justice Ad&ms, writing the
opinion for a unanimous court Wed
nesday affirmed the sentence.
Laying aside legal jargon, Judge
Clement charged the jury that the
issue could be stated simply as this
question: “Did this defendant (Lat
timore) knowingly make false en-j
triee in the books of the bank?” !
Judge’s Charge Upheld.
Exceptions were made to this
charge because of its simplicity, but
Associate Justice Adams also lays
aside legal jargon and afirms the
charge with a clear statement of the
law as follows:
“The instruction complained of
conforms strictly to the clause which
condemns the making of a false en
try In a ‘book, report, statement, or
record of a bank.’ In effect the
clause declares the wilful making of
false entries In the books and rec
ords of banks by an officer, em
ploye, agent or director thereof a
distinct offense, without regard to
the fraudulent intent which applies
to the embezzlement, abstraction,
and misapplication of funds,”
, The reason lor enacting the
•mended statute, by which- the wil
ful making ol false entries is de
clared to be a felony, is apparent.
The natural and perhaps the un
avoidable effect of making false en
tries In the books and records of
• bank Is to deceive the officers, to
Impair the assets, and to maim, if
not totally to destroy the business.
A specific intent to deceive or to
defraud is not essential. It is true
that an act may become criminal
only by reason of the intent with
which It is done, but the perform
ance of an act which is expressly
forbidden by statute may constitute
an offense in itself without regard
to the question of Intent.”
Lattimore was charged with mak
ing two entries showing deposits
totaling $11,625 in a Charlotte bank,
when, in fact, no such deposits were
made.
City Golfers Enter
Carolinas Tourney
Hickory, May 29.—Pro Mac Mc
Combs of the Hickory Country club,
and J. E. Owens, local golf star,
plan to leave Hickory. Saturday
night for Myrtle Beach, S. C„ where
they will enter the pro-amateur golf
tournament on Monday.
The two local golfers intend to
get in some practise rounds on the
Myrtle Beach course Sunday so as
to be in top notch form for the
tournament. They will compete with
golfers from North and South Car
olina for the pro-amateur aggregate
low score prize for 18 holes.
Among other golfers from this
section who are expected to take
Dart in the tournament are Pete
and Fred Webb of Shelby. The Shel
by golfing brothers recently lost a'
thrilling 18-hole match to McCombs
and Pro E. J. Cote on the Mimosa
course at Morganton
Will Give Two
Auto Thieves
Trial In Texas
Stolen Car Brought
Back Here
Federal Court To Handle Case. May
Bring Two Men Here
Later.
Harley Painter and Ralph Foust,
young Shelby white men with crim
inal records, will be tried in Galves
ton, Texas, on the charge of steal
in a new automobile from the
Charles L. Eskridge garage here, it
was announced today by Police
Chief McBride Poston.
The two were caught in Houston,
Texas, some weeks ago when officers
noticed they were driving a car with
a North Carolina dealer's license
Officers here were notified and
Chief Poston immediately asked for
extradition papers to bring them
back. One reason for desiring them
returned here was that officers had
a suspicion that they might have
been connected with the Cohen store
robbery on the same night the car
was stolen and other robberies sev
eral nights previous.
It was decided this week, however,
after- a message from Texas, to per
mit them to be tried there in Fed
eral court for violating the Dyer
Act by transporting a stolen car
from one state to another. If they
are convicted and sentenced to the
Federal prison at Atlanta Texas of
ficers have said they will notify lo
cal officers about die length of the
terms so that they may be brought j
to Shelby then.
The automobile was returned,!
damaged very little, last night by!
Charlie Magness. Mr. Eskridge and
Me«rs, Z. J. Thompson and R. T. I
LeGTand also returned from Hot
Springs last night. Aft^r leamtng j
that the stolen car had been located
at Houston Mr. Eskridge sent Mag
ness there from Little Rock to get
it and return it here.
Court Orders Willis
Not To Bother Wife
Was Charged With Trespassing At
Fathcr-in-Law's Horae.
Dockets Light.
lit county court this morning
Judge Maurice Weathers imposed aj
six months sentence on Ode Willis,!
young white man of No. 5 township,
the sentence to take effect if he
bothers his wife and children any
more.
His wife is now living with her
father, George Willis, and recently
it was contended Willis made a visit
there after being forbidden to come.
It was charged that he and several
other young men came to the home
disguised. The four others were
freed when they could not be Iden
tified.
/ Over 30 Cases.
Including today’s sesion the coun- ]
ty court has disposed of 35 cases;
this week, according to the records!
of Deputy Clerk Charlie Woodson.!
Twenty-four of the cases were on
the week-end docket Monday and
the dockets have been fairly light
since.
HORACE CADE GREEN
RECEIVES IIIS DIPLOMA!
Horace Cade Green of Boiling >
Springs received his diploma as a
graduate from the Lee school fori
Boys at Blue Ridge this week. He;
was graduated with distinction.!
awarded a letter in football and
was a member of the Grady liter
ary society.
CAPIT(£Wk*^Y
/rom Wa&HW4T0H to the
Smoky ftewtTMHS Matw4al Rm*k
- % •
_ DISTANCE 6l» MIL*6
Train Service
In Rutherford
Change June 1
Will Give Kutherford County Better
Mail And Express Service
Each Day.
The Seaboard railroad has an
nounced, effective June 1, it will
operate mixed train No. 222 from
Rutherfordton, leaving at 4 p. m.
and going direct to Charlotte and
Monroe, connecting, as formerly
with main line trains, north and
south. Last January the Seaboard
discontinued its regular passenger
service into Rutherfordton and has
had only a mixed train from Shel
by there, arriving in Rutherfordton
around 2 p. m. and leaving next day
at XI a. m. Under the new schedule
the train will arrive there at 1:35
p. m. and leave at 4 p. m.
The change will give better mail,
express and freight service into
Rutherfordton from Charlotte, Mon
roe and other points east.
Miss Louise Ledford
Gives Fla. Travelog
Miss Louise Ledford, daughter of
J. Farris Ledford, who attended Ki
wanis International convention in
Miami, Fla., with her father as
delegates from the SheTby club, gave
a most interesting and instructive
travelog of Florida last night before
the Kiwanis club members. She de
scribed the most interesting sights
in the cities visited and gave inter
esting history on Florida's early set
tlers. Lack of time forbade Mr. Led
ford reporting on the convention
proper but he hand written reports
to Kiwanis members.
Tear Gas Bombs Installed In
Vaults Of Shelby Post Office
Added Protection For* Vaults. Bomb
Placed In Each Vault
There.
Two vaults in the Shelby post
office are now protected by the
latest thing in safety devices
against burglary—tear gas bombs
and automatic locks.
So perfected are the new devices,
just installed, that the most expert
of safe crackers would find himself
outwitted in attempting to rob the
federal building.
The two vaults have been so wired
that any attempt to force either
vault will automatically throw on
two additional locks and set off the
tear gas bombs, thus releasing a
ftood of tear gas that would over-:
come the safe crackers.
One vault usually carries the of
fice's $20,000 stock of stamps but the
postoffice money is deposited daily
in the bank
Sell Two Thousand
Poppies In Shelby
Mrs. Reid Misenheimer, chairman
of the poppy sale committee of the
American Legion auxiliary, an
nounced today that the poppy sale
here brought in a total of $230.67.
Two thousand poppies, which cost
the auxiliary $44, were sold. Mrs.
Misenheimer expresses her appre
ciation to members of the auxiliary
who helped carry out the successful
sale.
Miniature Golfing
Course Open Monday
Delayed by cool weather until re
cent days the Peter Pan miniature
golf course on South Washington
street will hold its formal opening
Monday night. June 1. Golfing wlU
| be free on opening night. Robert
| Elam is manager of the course.
Planning Scenic
Highway In N. C.
Gastonia, May 29.—For the pur
pose of calling to the attention of
the tourists of the nation one of the
most historic and beautiful highway
route sin the east, leading from
Washington by way of the Kings
Mountain' military park to the
Smoky Mountains national park
west of AshrvilJe, more than one
hundred of the leading business
men of the Piedmont cities of
Western Carolina met in Ruther
fordton recently and formed an or
ganization for the avowed purpose
of telling the world about the scenic
and historical attractions of West
ern North Carolina, Similar meet
ings will be held In the near future
at Richmond and at Greensboro to
work out final plans for making
this one of the best known roads
for tourists coming Into the south
east. „
Present indications are that these
three meetings will result in the es
tablishment, of a route from Wash
ington to these two parks that has
been tentatively designated as the
Capitol parkway. The route w*Hl be
the present magnificently paved
highway from the nation's capital
through Richmond, historical cap
i CONTINUED ON PAGE TEN '
Mrs. McDaniel j
Is Buried Here j
Mrs, Everett McDaniel Succumbs
To Stroke of Paralysis. Church
Funeral.
The community was saddened
Wednesday afternoon to learn of
the death of Mrs. V. Everett Mc
Daniel at her home on West War
ren street who succumbed to a
stroke of paralysis which she suf
fered last Friday. The end came
Wednesday afternoon at 1:20
! o’clock after five days of anxiety
and careful watching and nursing
on the part of family and friends.
Before marriage Mrs. McDaniel
was Miss Ada Stockton, daughter
of Mr. and Mrs. Joe Stockton of
this county. At the age of 14 years
she united herself to the Baptist
church, but joined Central Method
ist church with her husband under
Dr. Hugh K. Boyer's pastorate here.
Mr. and Mrs. McDaniel moved to
Shelby from Ellenboro In December,
1917. She was a kind hearted, sym
pathetic woman and a fine Chris
tian character, greatly endeared by
her host of friends.
Surviving are her bereaved hus
band, three sisters, Mrs. J. Gaff
Lattimore, Mrs. M. Wilson, Mrs.
John Hamrick, of this county, and
one brother, Miller Stockton, of
Raleigh. Funeral services were' con
ducted Thursday afternoon at Cen
tral Methodist church by Rev. L. B.
Hayes and Dr. Zeno Wall.' There
was a beautiful floral offering and
many friends to pay tribute to her
sweet life. Interment was in Sunset
cemetery , , ,
Assembly Carried Out Major Part
Gardner Economy Program; Tax
Payers Will Benefit From Changes
Fox Dog1 Helps
Farmer Replant
His Cotton Seed
(Special to The Star.)
Polkvtlle, May 28.—H, E.
Wbisnant, a farmer living in
the Oak Grove section near
Poikville, has a fox hound
that saves him many steps
and is a real good fox hunter.
On Tuesday afternoon Mr.
Whisnant and his work hand
were very busy replanting
cotton when his seed gave
out. He noticed his dog at the
field and not wishing to stop
planting as he wanted to get
through that day, thought he
would try his dog as a “car
rier dog.” He called the dog
to him, and on the back of a
blank check he wrote a note
asking his wife to send more
seed to the field. With a
string which he cut from a
plowlioe he tied the note to
the dog’s colar. The dog
started for home with the
note and in a few minutes,
Mrs. Whisnant, who was on
the inside heard the dog mak
ing an unusual noise. She
went out to see what had
happened and saw the note.
She took it, read it and sent
the seed by one of the boys to
the field. Mr. WTiisnant did
not even stop planting.
Negro In Prison To
Await Death Chair
Gaffney, May 29.—Leaving here
early Tuesday morning by automo
bile, John P. Moore, sentenced to
death In the electric chair June 12.
arrived at the state penitentiary in
Columbia about 10 o'clock, a few
minutes beiore Norman Blakely, 16
year-old Greenville negro, was elec
trocuted for the murder of a chain
gang guard.
To spare Moore the shock that
might have resulted if he had
known what was taking place at the
time, the Cherokee county negro
was sent to a cell In the top tier of
the main building until the electro
cution was over. Penitentiary offic
ials said he would be placed In the
death house shortly.
Moore, who was convicted here of
attacking a white woman with in
tent to ravish, was taken to Co
lumbia and Deputy Sheriff Julian
Wright, who weFe accompanied by
Deputy Clerk ot Court W. B. Oorry.
The negro / was uncommunicative
throughout the trip, speaking ouiy
when spoken to, the officers report
ed.
The crime for which he was con -
victed occurred April 13 near Grover
School Rill, Highway Change. Bet
ter Banking Supervision Arc
leading Act*.
(By 10. B. Ilunnagan, .Star News
Bureau.)
Raleigh, May 29,—Governor Gard
ner's program of progressive iegisla
| tion and better government reach
led a 100 per cent fruition, whan the
revenue bill was enacted, by the
legislature.
Governor Gardner started out
with a demand for tax reduction,
reduction that would be felt tn the
pockets of the taxpayers, but with
out the aid of general or misnamed
luxury sales tax, which would in
crease the burdens on the poor. For
a long time this part, of his pro
gram appeared doomed, but with
the revenue bill, with reduction and
without sales tax, is enacted Wed
nesday, it will have become a real
ity, The average taxpayer will have!
to pay 57 cents less on the $100
valuation, In many cases about half
of his county tax bill.
Many of the measures proposed
by Governor Gardner would not
have been enatced but for the
economic stress fri the state, lie
took advantage of that condition to
force upon them what they would
not have accepted under normal
times—Improvement in government
at a reduced cost. Prosperity would
have prevented It; poverty has pre
cipetated It. Better government at
a reduced cost still will be the re
I CONTINUED ON PACE TEN )
Attorney General In
Talk On Education
75 Seniors To Getj
Diplomas Tonight; i
Announce Winners
Four Students Winning Outstand
ing Honors Made Public.
Finals Tonight.
Seventy-five young boys and girls
will march on the stage at Central
high school tonight for the last
time. It is their graduation night,
and a week's commencement activi
ties will culminate tonight in the
final colorful event of tlje year for
Shelby high as diplomas and awards
are passed out to the class of 1931.
All other events of the com
mencement season, including the
declamation and recitation contests
and fresh-soph-junior debates to
day. are now a part of history. Yes
terday the senior class helds its
class day exercises In a very mod
ern way, broadcasting from the 55th
floor of the Hotel Charles building
in 1950.
Awards Given,
The two major prize-winners—
the best all-arouncf boy arid all
around girl—will not be known until
the final program tonight, when they
are called-to the stage, but Supt. B,
L. Smith today announced f6ur
other winners of outstanding awards.
Miss Oral Lee White won the T,
W. HamrlCk spelling -medal.
Matilda Jcnks on Wednesday aft
ernoon won the O. Max Gardner
medal as the best debater on the
school’s triangular debuting teams.
Clifton Parker, of the seventh
grade of the Washington school,
won the $5 gold prize given by H.
Clay Cox, of the school board, for
the best mental arithmetic in the
elementary grades.
Miss ’Sara Thompson won the
William_Lineberger scholarship
medal for the best four-year rec
ord in high school.
Grades two to seven in the South
Shelby school won the Lee B.
Weathers spelling cup.
The winners of the declamation
and reading contests, who will re
ceive the Forrest Eskridge and
John R. Dover medals, and the win
ner of the fresh-soph-junior debate,
who will get the R. T. LeGrand
medal, will be announced tonight
as those contests are being held to
day.
It was learned later today that
Mtsa Edwinu Gidney this morning
won the freshman-sophomore-jun
ior debate and the LeOrand medal.
Boiling^Springs
Debaters Will
Go
To Wake Forest
Wake Forest. May 29.—Prospects
for a banner debating season next
year at Wake Forest were strength
ened this week by the present and
application for admission of the en
tire Boiling Springs Junior college
debating squad which this year won
the Junior college championship of
North Carolina. The team, escorted
by Rev. J. L. Jenkins, their pastor,
himself an alumnus of Wake Forest,
consisted of Zon Robinson. Frank
Hamrick, Cart trathan and Thomas
XjOng. All four of these students
plan to enter Wake Forest in Sep
tember.
Legislators Jubilant As Longest
Session Ends; No SchoolTax By ’33
Gardner Predict!, No, Tax On Land
For Schools When Better
Times Return.
Raleigh. May 29—All is quiet
again on Capitol Square.
Amid festivities appropriate to the
occasion, theTongest continuous ses
sion in the history of the state,
passed into history at exactly 9;49
p. m. Wednesday night.
Shortly before Lieutenant Gover
nor R. T. Fountain, presiding offi
cer of the senate, and Speaker of
the House Willis Smith laid down
their gavels simultaneously—all was
turmoil.
From both houses came the plain
tive, ‘'God be with yon ’till we meet
again,” and there was much back
slapping, hand-shakipg and a hap
py flow of flowery oratory.
Governor O. Max Gardner and
Mrs. Gardner witnessed the clos
ing ceremonies. They were accorded
the privileges of the floor in the
senate and the governor mounted
the mais in the house to say a few
| informal words.
i The big doors to the house and
, senate chambers were flung open.
Lieutenant Governor Fountain stood
behind the senate dais and on a
straight line across the hall on the
j other side of the capitol behind the
j house dais stood Speaker Smith.
Representatives and senators stood
in the aisles as Speaker Smith and
Mr. Fountain simultaneously ad
journed their respective houses and
jlaid down their gavels, officially
lending 141 days of legislation.
I The previous record was 136 days
in 1868-69. Numerous local bills were
shot through the law mill. Numer
ous othersHied natural deaths.
Governor Gardner briefly review
ed the legislation enacted by the
general assembly in his talk to the
house. He predicted that in 1933 the
state would support the six months
schools under the terms of the Mac
Lean law without any ad valorem
tax whatever.
While the governor and lus wife
sat on the house floor. O. Max
Gardner, jr., their youngest son, and
Willis Smith, jr., son of the speaker
of the house, stood on each side of
Speaker Smith to watch proceed
ings
Brummitt Speaker
To Seniors
Hon. I). G. Brummitt Say* Kduca
Uon Civilize* and Build Moral
Force*.
Delivering the commencement ad
dress before the graduating class
and school patrons of the 8helby
high school here Wednesday even
ing. Dennis G.' Brummitt, attorney
general of North Carolina, gave four
purposes of education. These four
purposes were not the usual points
made by commencement speakers,
But were strong and convincing rea
sons for the education of the youth
of the state. Last year. 16.386 boys
and girls were graduated from high
schools, showing the favor and pop
ularity education has come to have,
in the last decade.
City Officials Present.
Mr. Brummttt was introduced in
glowing terms as a friend of edu
cation'. a legal authority and a lead
ing state citizen, by D. Z. Newton,
who served In the senate while Mr
Brummitt was Speaker of the house,
of representatives. On the platform
were the mayor, members of the
city council, city school board, and
Rev. L, B. Hayes, pastor of Central
Methodist, church who offered the
Invocation.
Purposes of Education
The first purpose of an education
is to enable men and women to bet
ter provide the necessary material
things of Ufa Fifty years ago It
would have been Impossible to have
such school buildings as we have
today, because of the lack of edu
cation. It was not, so easy then to
have access to the material things
of life. Creosus with all his mil
lions never rode In an airplane,
Henry the Eighth never had access
to a telephone and beautiful Cleo
patra as she sailed down the Nile
never was able to whister to An
thony or Caesar “blow some.ot that
smoke this way." Education, there
fore, means that the average man
is going to demand and receive more
of the comforts of life, more clothes,
better homes and more nutritious
food and education will be respon
sible for It.
Education Civilises.
In his second point Mr. Brummitt
pointed out that education has for
, Its purpose the production of more
civilized people. He recalled a sur
vey recently made in the state pri
son where, out of 600 men, not a
one had been through high school
and cited that education would have
kept many of these criminals from
i CONTINUED ON PAGE TEN.i
Kings Mountain’s
New Truck Fights
First Blaze There
Volunteer Fire Department Organ
ized And Drills Regularly Under
Instructor.
(Special To The Star.)
Kings, Mtn., May 29.—The local
fire department was called out
Thursday morning at 2 o’clock to
extinguish a blase in the rear of the
McGinnis building . on Mountain
street. The new American LaFranca
fire truck was put into active ser
vice for the first time. The fire was
stopped before the damage was very
great. The basement was occupied
by the W. H. McGinnis Tin shop. It
was not known how the fire start
ed. .
Fire Department Organised.
Since the new fire truck has bean
delivered to the town of Kings
Mountain, a volunteer fire depart
ment has been organized, with
Grady W. King as fire chief and
Jinks W. Clary assistant. Other
members of the new organization
are: Otis Falls, M. C. Wingate, Chas.
G. Dilling, H. E. Grant and Tom
Fulton, Falmer Fulton Is driver of
the truck.
The company has had two drills
daily this week with Engineer Eaves
of the American LaFrance Fire
Truck company as instructor. Ths
town now has one of the most mod
ern equipments and a company of
firemen capable of putting out any
fire that might break out.
Champion Opens New
Oil Company Here
Champion Oil company is the
name of a new concern which open
ed this week on West. Warren street,
in the building recently vacated by
Beam Motor company. Mr. Clyde
Champion is manager. The com
pany will deal in motor oils, wash
ing, greasing care and mechanical
repairing. Beam Motor company has
returned to Cherrvvtlle.