PAGE EIGHT
DeFEBICT **«*««'“
(Continued from Page One)
tion of their learning in the man
agement of the family garden and
in other phases of daily living; A
few sentences from the end of his
statement, he became overstrain
ed and, with the court’s permis
sion, Mrs. DeFebio read the re
mainder of the paper.
Recalled to the stand for cross-
I »
O' 5
q\ I 1 CLASS
Wherever you go,
may happiness and
success be there I*
awaiting
Manteo
Furniture Co.
AND
Wescott Brothers
Gas Co.
, “best
\ WISHES
H ore’s to many V
happy and
while years of JrV.
Ufa. graduates! f
Manteo
Service Station
D. A. Rogers Phone 69
SPECIAL for WOMEN
FROM MAY 28 THROUGH JUNE 2
$lO COLD WAVE Only $7.50
$lO MACHINELESS now $5
; ff
THE BEAUTY NOOK
Opposite Postoffice
Mrs. Anita Jessen, Owner and Operator
Phone 7-W Manteo, N. C.
examination, the defendant said, “I
feel that the law can be interpret
ed to mean we could teach them
at home.” Mr. Kellogg asked, “In
what way would they be deprived
in school of any of the things you
say are important?” DeFebio an
swered. “The whole pattern would
be different. At home there might
be a more practical application of
what is taught.” He added that in
a few years it might be better to
have the children in school than
to teach them at home. “I have
no desire to deny my children a
hijjh school or college education,
if they want one,” he concluded. -
Judge Baum refused to allow
DeFebio to read into the record
two letters which he wished to
present as evidence.
Before pronouncing sentence,
the judge said, “You fail to com
ply with the laws of North Caro
lina. There is nothing I can do
but find you guilty.”
Vagrancy Case
Trial of the''charge of vagrancy
against DeFebio was delayed for
about an hour while Carl Salinger
was found and brought into court.
With Mrs. Meekins and Sheriff Ca
hoon, Salinger testified for the
state.
Salinger was first on the stand.
In response to Mr. Kellogg’s ques
tioning, he gave in general the
same information given in Juven
ile Court last Friday (given in de
tail in another column). Before
questioning Salinger, Mr. DeFebio
asserted that Salinger had been ov
erdeprecatory about the size and
'amount of labor involved in keep
ing his garden plots. He read the
exact dimensions of his six plots,
as he had done on Friday before
Judge Meekins.
He then asked, “Have you seen
me work there every day?”
“Yes,” Mr. Salinger answered.
The defendants asked whether
or not Salinger had seen him carry
topsoil into the garden frequently,
whether he had seen him bake
bread and cook. The witness said
these things he had seen.
“Is it work to raise children?”
DeFebio asked. So far as the re
porter could understand him, Mr.
Salinger did not directly answer
the question.
Mrs. Meekins and Mr. Cahoon
repeated substantially the same
testimony that they gave previous
ly in Juvenile Court.
Defense Witness
David Stick told the court from
the witness stand that Mr. and
Mrs. DeFebio had inquired of him
about property they hoped to pur
chase. He said Mr. DeFebio had
asked him whether he knew where 1
he could get a job. Mr. DeFebio,
the witness testified, had to his
knowledge applied for at least one
job, though he failed to get it.
State Objects
When Mr. Stick was asked by
the defendant, “Do you consider
me a vagrant?” Mr. Kellogg ob
jected to the question, saying that
was a matter for the court to de
termine. Judge Baum sustained
the prosecutor.
Mr. Kellogg asked Mr. Stick
whether he had ever'known the de
fendant to have a job. “I know
of two jobs that he has, farming
and raising his children,” Mr.
Stick replied. Further, he believ
ed that it was his intent to grow
food for sale as a means of mak
ing his livelihood, Stick said.
Did DeFebio have any property?
the solicitor asked. Mr. Stick said
that he had a set of the Encyclo
pedia Brittanica and a volume of
Audubon’s on birds that he was
aware of.
Defendant Testifies
“I do not own property, nor have
I. earned any money, enough to
support a family, since I’ve been
down here,” the defendant stated
from the witness stand. “But I
have tried to get started in that
direction several times.” He then
went on to say that he had applied
to three men in the area in which
he lived for work; he had applied
at the cement block manufactory
at Nags Head, and tried to get
work with the Duck fishermen, but
he had not been able to get a job.
“It makes no difference who
Dept, of Defence Photo
NO, THIS IS NOT JULY 4—IT IS RUGGED TRAINING FOR COMBAT—No child’s play or July
Fourth celebration here where infantrymen crawl, squeeze and twist through the mud and jagged ' r
barbed wire at Fort Meade with live tracer bullets whining only a few feet overhead, and placed
demolitions going off nearby—almost like the real thing, combat—the Army’s infiltration course.
supports a family financially, be- 1
cause it must be supported physi- 1
cally, financially, morally and spir- |
itually,” he asserted. His garden,
required lots of manual labor, and
his work at the house and in teach
ing and caring for the children
was also work, the defendant
claimed.
After Mr. Kellogg has been told
by DeFebio that he had arrived in
Dare County on January 6, 1950,
trial procedure was finished.
Before ordering the 30-day sen
tence, Judge Baum said, “You
have not shown a single instance
that you have put a dollar into
your family in over a year.”
Court was then dismissed, and
after the hearing before Judge
Meekins downstairs, the defend
ant was taken to jail. Mrs. DeFe
bio said in the clerk’s office that
she was now here to stay in Dare
County and was prepared to re
sume her post in the court house
corridor, apparently.
Mrs. DeFebio’s sister from Cal
ifornia, whom she had not seen
for 8 years, arrived the night be
fore the trial. She was in court for
hearing of the first case.
HUNTING
(Continued from Page One)
116 in possession, and 100 per sea-
I son.
QUAIL: (Bobwhite) November
22-January 31. Bag limits will be
8 daily, 16 in possession, and 100
per season.
WILD TURKEYS (Gobblers or
Toms only) November 22-January
31. Bag limits will be 1 daily, 2 in
possession, and 3 per season.
FOXES: (Red and Gray) Foxes
may be taken with guns when the
season is open for any other game
bird or animal, except that where
county fox laws regulate the sea
son, the local laws shall prevail.
There will be no restrictions on
the number that may be taken.
MINK, MUSKRAT, OPOSSUM,
RACCOON: May be taken by trap
ping from November 15-January
31. Exceptions: (a) In Currituck
County, and Hatteras, Kennekeet,
Atlantic, and Nags Head Town
ships of Dare County, trapping is
permitted December 15 through
February 28. (b) In and south of
Jones, Duplin. Sampson, Cumber
land, Hoke, and Scotland Counties,
trapping is permitted January 1
through February 28. (c) In Ashe,
Alleghany, and Watauga Counties
trapping is permitted, except for j
raccoon, from November 1 through I
February 28 (d) Raccoons may not
be trapped in and west of Caswell, I
Alamance, Randolph, Montgomery,
and Anson Counties.
OTTER: December 14.-Jan. 31.
DUTIES
(Continued from Page One)
oaths and take acknowledgements,
and to issue commissions to take
testimony of any witness within
or without the state.
The clerk can issue citations
and orders to show cause to par
ties in all matters cognizable to
his court, and to compel the ap
pearance of such parties.
The clerk will enforce all law
ful orders and decrees, by execu
tion or otherwise, against those
who fail to comply therewith or
to execute lawful process.
The clerk shall exemplify, under
seal of his court, all transcripts
of deeds, papers or proceedings
which shall be received in evi
dence in all courts of the state.
The clerk shall preserve order
in his court and punish contempts.
The clerk may adjourn any pro
ceeding pending before him from
time to time.
The clerk shall open, vacate,
modify, set aside or enter as of a
former time, decrees or orders of
his court in the same manner as
courts of general jurisdiction.
The clerk shall enter judgment
in any suit pending in his court
in the following instances: judg
ment of voluntary nonsuit in any
case where judgment is permitted
by law; and judgment in any suit
by consent of parties.
The clerk shall award cost and
disbursements as prescribed by
law, to be paid personally or out
of the estate or fund, in any pro
ceeding before him.
The clerk shall compel the re-
THE COASTLAND TIMES, MANTEO. N. C.
turn to his office by each justice
of the peace on the expiration of
the term of such justice or if the
justice be dead, by his personal
representative, of all records, pap
ers, dockets and books held by
such justice by virtue or color of
his office, and shall deliver the
same to the successor in office of
such justice.
The clerk shall take proof of
deeds, bills of sale, official bonds,
letters of attorney and other in
struments permitted or required by
law to be registered.
The clerk shall take proof of
wills and grant letters testamen
tary and of administration.
The clerk may revoke letters tes
tementary and of administration.
The clerk shall appoint and re
move guardians of infants, idiots,
inebriates and lunatics.
The clerk shall audit the ac
counts of executors, administrat
ors, collectors, receivers, commis
sioners and guardians .
The clerk shall exercise jurisdic
tion conferred on him in every oth
er case prescribed by law.
It would appear from this sim
ple, unadorned enumeration of the
clerk’s powers and duties that the
clerk’s life is not one of leisur-j and
relaxation. Take, for example, just
one item on the list—that of aud
iting the accounts of executors, ad
ministrators, collectors, receivers,
commissioners . and guardians.
Those of you who are familiar with
the details of an audit will at once
appreciate the size of this chore
alone. But that, as a famous radio
actor used to say, “was onlee the
beginning.”
As you gathered from the list
ing of the clerk’s duties, the Su
perior Court is a record keepirg
unit. Let me read to you Paragraph
950 from the Manual of Law and
Forms to which I referred a few
moments ago. It is captioned: “To
keep records of his office; obtain
ing originals or copies.” And I
quote: “He shall keep in bound
volumes a complete and faithful
record of all his official acts, and
give copies thereof to all persons
desiring them, on payment of the
legal fee. He shall be answerable
for all records belonging to his of
fice and all papers filed in the court,
and they shall not be taken from
his custody unless by special or
der of the court, or on the written
consent of the attorneys of record
of all the parties; but parties may
at all times have copies upon pay
ing the clerk therefor.”
Observe that it is not only nec
essary to keep the records, but to
be in a position to furnish an un
determined number of copies at all
times.
The law goes on to say that in
addition to this, the following
books shall be open to the public
for inspection during regular of
fice hours. The books are then
enumerated. They fall into 36 gen
eral categories and cover three
pages in small type in the man
ual. I shall not attempt to read
the list but I can assure you that
it is most complete.
If you want to buy firearms, if
you want to practice as a chiropod
ist in Dare County, if you want to
reread the will of your Aunt Em
ma, of if you want to know whether
John Doe has paid his Poll Tax,
you can secure the information
from our books. And the informa
tion will be right, I assure you.
Thus far in my remarks, I have
been general in the scope of the
Superior Court’s activities. Now let
me touch for a moment on the mat
ters of probate. Every man or wo
man domiciled in this county who
dies owning property either leaves
a will or dies intestate. In either
event, there is considerable formal
ity before the property passes in
to the hands of the rightful heirs.
Letters of administration must be
granted in cases where there is no
will; if no executor is named in the
will, one must be appointed and
bonded; there must be inventories,
and a wide range of other actions
which the Superior Court must su
pervise, direct and record.
A careless person is inelined to
call this “red tape”; but I assure
you that such is not the ease. All
the action included in probating a
will is sound legal practice to pro
tect the rights of the deceased, the
heirs and the public. It would be
useless for me to describe the var-
RESTORED FORT RALEIGH
ATTRACTS MORE VISITORS
Manteo.—Newly restored Fort
Raleigh, built in 1585 to protect
Sir Walter Raleigh’s tragic “Lost
Colony,” and a new display of col
onists’ relics are bringing increas
ing numbers of visitors to the site
of the first English settlement in
America.
Restoration of the earthworks—
the first fortification built by En
glishmen in America—was done by
the National Park Service which
has transplanted grass on the dirt
walls to prevent erosion.
The display of relics, uncovered
during archaelogical excavations
•which disclosed the exact site of
the Fort, is in the nearby Fort
Raleigh Museum. The items in
clude an Indian clay pipe, resem
bling a modern-day cigar-holder;
an iron sickle which so far as is
! known is the oldest English-made
tool that has been found in Amer
ica; brass coin counters dated
1574, and many others.
Visitors Increased 60%
During the first three months of
the year, 6,599 visitors registered
at the Museum and Fort —60%
more than the 4,124 who visited
the site in the same period of
1950. The past travel year brought
135,000 to the Fort and Museum.
This summer, thousands more
will come to Roanoke Island to
visit the site and the reenactment
of the story of “The Lost Colony”
in Paul Green’s symphonic drama
of that name. The Fort is near
the Waterside Theatre at which
the drama will be staged six nights
weekly from June 30 through Sep
tember 2. This will be its 11th sea-
son.
Archaelogist J. C. Harrington of
the Park Service, who supervised
the excavations of 1947 and 1948
that led to discovery of the Fort
Site, says the entire fortification
has been restored to its approxi
made appearance of 1585, when it
was built under the direction of
Governor Ralph Lane. Earth from
ious steps required. Since this is
one of the commonest and best
known functions of the Superior
Court, many of you know through
the adjustment of the estates of
friends and relatives just what
must be done.
In the matter of wills alone, the
clerk of the Superior Court has
much to do, and here experience in
office proves of great value. Re
search into old laws, examination
of countless documents, interview
ing of witnesses, verification of
signatures, and a host of other de
tails are frequently involved. These
all add to the multitude of chores
which the clerk and his deputies
are called upon to perform.
If in placing emphasis on the
multitude of my duties and the
great care required in carrying
them out, I am seemingly com
plaining about the extent of my
job, let me hasten to say that I
enjoy every bit of it. I get particu
lar pleasure out of doing many
things for the general public out
side my regular duties. It is grat
ifying to accommodate people,
most of whom are grateful.
Doing what the law requires a
clerk of the Superior Court to do
is something the citizens of Dare
County have a right to expact. I
make every effort to live up to this
duty to the fullest extent. But fre
quently I am able to do a little
more than is required—to render
the public or certain individuals
“plus service.” In the case of peo
ple who are financially unable to
pay the fees usually charged by
lawyers, I am able to be helpful
above and beyond my regular tasks.
I get a genuine pleasure out of so
doing—an inner feeling of satis
faction that I have helped nv fel
low man.
I welcome every citizen, regard
less of creed or color, to call upon
me at any time that I can be cf
service to them. I am prepared to
prove that this desire to assist
whenever I can is not an empty
phrase.
In closing, let me repeat that I
enjoy my work and intend to con
tinue in it as long as the citizens
of Dare County return me to the
office and I retain my health and
faculties. I thank you for this op
portunity to address your club.
the original ditch or dry moat
around the Fort was used to build
up the parapet, just as the colon
ists constructed it in 1585.
Harrington says the Fort was
built not for protection from In
dians, as has been so popularly
supposed, but from fear of attack
from the sea by Spanish forces.
The earthworks were erected to
guard approaches from the sea
rather than from the land. Two
entrances to the fort, are on the
land side.
There is no evidence of struc
tures inside the fbrt, Harrington
says, although undoubtedly there
was at. least one small building for
housing the guard and for storing
supplies. Efforts to locate the ex
act site ’of the colonists* nearby
have not been successful.
The restoration was aided con
siderably by research which Har
rington did’ in England last year.
To this information, he added data
gathered fq>m authorities on old
British fortifications.
It was at the site of the Fort
that Virginia Dare, the first child
of English parentage to be'born
in America, was born in 1587. A
grouj? of 108 colonists who came
here in 1585 built the Fort. But
they went home the following year,
leaving 15 men to-hold the claim
for England. ■ ■
The “Lost Colony” group came
in 1587 and found that the 15 men
had been killed by Indians. Some
of this second group made a trip
back to England for supplies. They
were delayed in returning, and
when they reached? Roanoke Is
land they found no survivors. AU
that was left was * due to the
mystery that has never been solved !
—the word “Croatoan” carved on a
tree or post at the site.
This is the story which is told in
the symphonic drama.
Advertise Your Business
v
CLASS 0F
And it’s reedy to
I * accept your efforts,
wL your talents and your
good work.
TIMES PRINTING CO.
PUBLISHERS OF
THE COASTLAND TIMES
THE HYDE COUNTY HERALD
THE BELHAVEN PILOT
JMEBM:
| H v BB
ahsKaWMlji
i\ J ■ ■ i
A % WBESEBmI
\ i i II
* x I
; 1/ I'l - * .
IK*!,. BSBb, j i
BJr -
k
R NAGS HEAD CASINO F
*1 SATURDAY, JUNE 2 f J
*1 9-1 |*\
FRIDAY. MAY 25.1051
i. , ■
IT 'S BEEN A
(.ONSEUN J
1951 graduate#
But you’ll go a lot'
farther yet.
6O&DUICK
JONES
Wholesale Cd..
—O. J. JONES—
IT WILL PAY YOU TO
ADVERTISE YOUR BUSINESS