liam Be "Buck", white, hanged Hillsboro, NC, on May 12,
4 PUBLICATIONS
‘ NORTH CAROLINA HISTORICAL COMMISSION
:
: THE
=
PAPERS OF ARCHIBALD D. MURPHEY
i
EDITED BY
WILLIAM HENRY HOYT, A.M.
VOLUME I
RALEIGH
E. M. UZZELL & CO., STATE PRINTERS
1914
SOLLIS, Joseph, hanged Duplin County, North Carolina, April 27, 1827.
"EXECUTION. <Joseph Sollis, who was convicted at the last term of the Superior
Court for Duplin County, of the murder of Abraham Kornegay, underwent the sen-
tence of the law on Friday, the 27th ult. The subjoined account has been
communicated to us, with a request that it may be published: 'An immense crowd
of people assembled to witness a fellow creature lauched into eternity, This
is a sight the contemplation of which require a more than masculine fortitude;
I was therefore surprised to see a large portion of the spectators feminine,
I have been heretofore in favor of public executions; I thought they did mich
good by exhibiting in public view the fa&al consequences of guilt, But from
whiat I have seen here, at the execution, and the subsequent conduct of the
crowd in the evening, I am satisfied that ihey have a contrary effect, No doubt
exists on my mind, that the &nd intended by a public wauld be beyter answered
by a private execution, After the clerical gentlemen had done wh&h they con-
ceived to bh their duty, the Sheriff told the criminal that he had but a few
moments to live, and that if he had anything to say to his friends or the public
now was the time, He observed in a strong tone of voice that "he had
nothing to say more than he would not be in this fix but for Kornegay," He was
admonished by a humane géntleman present, not to die with malice in his
breasts to which he replied "Konnegay was in faults; he bagan the affray; he
was to blame for all," He then with a firm step mounted the scaffolds the
shericc tied the rope, pulled the cap over his eyes, and cut away the scaffold,
From the want of proper caution in tying the rope the feet of the criminal came
to the ground and broke the fall, He remained in this position (partly hang-
ing, and partly standing) graaning in the greatest apparent agony, for about
seven minutes, All was now in confusion « the crowd murmuring, and nothing
doing. = The sheriff himself appeared compeletely unmanned, and incapable of
making any exertion to put the unfortunate man out of pain. At length a
gentleman present took up a piece of plank, pushed back the rope and suspended
him in this position about fifteen minutes, A médical gentleman present
observed "he was coming to life,’ On hearing this, the sheriff had him taken
up and pitched off the scaffold again, and ended his suffering." REGISTER,
Raleigh, NC, May 11, 1827 (11)
a
Kr
MR
Vv to
me to
ory AQdD
the
ind
‘ol
of
res
eS
ler
us
re;
of
nd-
ar
ASSN, eg Sti
Tue Mvcrpuey Papers. 161
Prosperity nor depressed by Adversity; And at the same time
to keep the social Affections in full exercise. I make no Boast
of my philosophy; But I have let no Occasion of Life pass,
without trying to improve it, and to prepare my Mind for any
event which in the Course of Providence can befal me. I am,
however, very conscious of my Weakness, and of my frequent
failings to preserve the steady Course which it is my Wish to
pursue. Farewell, my Dear Friend.
A, D. Moppury.
Thomas Ruffin esqr
[ Address: Caswell Court.]
Vv To Governor Branch.
} N J . HZ oi 1820.
Dean Sor GREENSBoROUGH. 27th April 1
I had intended to write to you several Weeks Ago, on the
Subject of this Letter, but a Variety of business having kept
me much employed, I have posponed writing day after day,
Untill I fear what I have to say will have but little effect.
Altho’ I have delayed Writing, my Anxiety on the Subject Mat-
ter of this Letter is not diminished.
It fell to my Lot at Hillsborough to pass Sentence upon
Sparrow convicted of the Murder of John Hunt. Few events
have occurred in Orange since I lived in the County which
produced such excitement as the killing of Hunt. It was an
honest feeling, set in Motion by a Virtuous Principle; but a
feeling, which has its Delirium, like all Others, and unfits
Men for sober Investigation about the facts which gave it
Birth. Having heard in detail the evidence which was given
before the Jury of Inquest, I instantly formed an Opinion
upon the Case directly contrary to the Common Opinion, and
often expressed it in Confidence to my Friends. I have had,
and still have the Opinion that the Killing was altogether un-
intentional. Sparrow was tried within a Month (1 believe)
1A. LL S., N. C. Historical Commission.
ile
gainst
» tried
e been
3 were
think
think
of .the
{ hat at
vieted.
naked
to it.
varded
3 Par-
Man-
» have
every
Men),
t
meérely
- hand
‘unish-
als, in
vers 1s
justly,
y may
xs are
for a
£ Pub-
st in such
ure State
)
in no
npres-
have
w my
hether
Tue Mcrpeyey Papers. 163
in the Particular Case of Sparrow, they will be approved of,
I do not know. I have thought it my duty to lay them before
You. His execution is fixed for the 12th of May.!
With great Regard, I am, Dear Sir,
Yours truly.
His Excellency, A. D. Murpuey.
John Branch esqr.
From Peter Browne. M. MSS.
Dear Sir,
Your letter of the 21st of Dec. last, I understand, did not
reach London until about three weeks ago: how it came to be
so long on its way I cannot conjecture.
The State certainly owes you much on the score of Internal
Improvements, and every one must be pleased at your prospect
of success. You ought always to keep in mind that new im-
provements will always be to be projected and executed and
the old ones to repair and improve; for this purpose engineers
will always be wanted, and native ones ought to be raised.
They would be less expensive and answer your purpose much
better than any that you can procure from Europe or any
where else. I could procure them the opportunities of prop-
erly qualifying themselves. If you are well satisfied with Mr.
Fulton and his salary, that is more than I am; but I could at
the time do no better.
Both the University of Oxford and Earl Egremont have
evinced the utmost readiness to serve us with regard to Mr.
%
“Buck Sparrow” was convicted of murder at Orange. Superior
Court in September, 1819. and on appeal the Supreme Court, Chief
Justice Taylor dissenting. ordered that sentence of death be pro-
nounced, which was accordingly done by Murphey on March 25, 1820,
as he happened to be holding the Orange court at that time. The
Governor did not interfere, and Sparrow was hung on the day ap-
pointed “in the midst of a vast concourse of spectators,” says a con-
temporary account. “At the place of execution he manifested great
fortitude and resignation” and “made a short address to the specta-
tors, in which he professed to die innocent of any intention to injure
the unhappy man whom he killed.”—Raleigh Register, Aug. 20, 1819,
Apr. 7, May 19, 26, 1820; Hillsborough Recorder, May 17, 1820; State
y. Sparrow, 3 Murphey’s Rep. (7 N.C.) 487 (an interesting case).
Se
peat HR tee es
ap ET SER I HS CBOE
BOPP LLL ABNOR
MPAITVTRt,
=
162 {se Nortu Carorrna Histroricar Co.MMISsIoNn.
after the Death, and Whilst the Torrent of Feeling set against
him with an irresistible force. Why he consented to be tried
in Orange, I do not know. He certainly would not have been
convicted in any other County, Where the Circumstances were
unknown. However, this is my Opinion. Others may think
differently. The People always feel honestly, and at last think
correctly: So far as I can learn the present Opinion of the
People who have attended to Sparrow’s Case, I think that at
least three fourths of them think he was improperly convicted.
They have grown cool and can look at the Case in its naked
form, stripped of the Colouring which Feeling first gave to it.
I understand a Statement of the evidence will be forwarded
to You. I have not seen it: but I have often heard of its Par-
ticulars. You will be able to form an Opinion as to the Man-
ner of the Death from Reading the evidence. It seems to have
been a Killing without Motive, of a Bosom Friend, an every
day’s Companion in Sport (for they were both idle Men),
without any Quarrel, or previous Grudge. I at first thought
and still think that the Gun went off at half Cock and merely
by the Motion given to it by its falling upon the Right hand
of Sparrow. .
I have long entertained the Opinion that Capital Punish-
ments have a most injurious effect upon the Public Morals, in
all Cases except in those where the Guilt of the Sufferers is
not doubted. When the People think that a Man suffers justly,
they do not have their Feelings wounded, Although they may
think his fate is a hard one. But Our best Feelings are
wounded, When we see a Man taken to the Gallows for a
Crime which we believe he did not commit. The effect of Pub-
lic Executions in advancing the Cause of Justice is lost in such
a Case; And it seems to me to be better that in Our State
Where few Crimes are committed in proportion to Our Popu-
lation, And Where the People are distinguished for their
Morality and correct Feelings, the Criminal Law should in no
instance be administered in such a way as to leave an Impres-
sion that a Fellow Citizen has suffered unjustly. I have
thought much upon this general Subject, and I well know my
Opinions differ from those of many of my Friends: Whether
%
SPARROW, William B., white, hanged at Hillsborough, NC, on May 12, 1820,
"FOR THE RALEIGH REGISTER, = EXECUTION, = A,reeably to the sentence of the last
Superier Court for the county of O.ange, the awful ceremony of execution took place
on Friday last, in the case of Wm, Sparrow, for the wilful mrder of John Hunt, The
proceedings were solemn and impressive - the terrible and ignominious death of this
man on the scaffold, will serve as a striking example to prevent the commission
of similar offenses, At about half past 12 o'clock he was conducted by a strong
guard to the place of execution, which is about a mile from the Jail @ the number
of spectators on this occasion was larger than has ever been witnessed at any for-
mer execution in this County. The conduct of the prisoner during rreater part of the
period, from his being brought from the prison till he was executed, was marked with
a degree of firmness seldom witnessed on such ocaasions, Sparrow, notwithstanding
his being at the threshold of eternity, seemed indifferent about his fate, deluded,
no doubt with the expectation that there was a pardon in reserve for him, until a
few minutes before he was executed - when he was assured there was none. = He then
rose KAKMXXHA (dressed in a shrowd which he had worn from the prison,) apparently
much concerned, stood upon his coffin, and in a short speech, addressed those nearest
the scaffold, He acknowledged the justice of his sentence, and hoped his sad ex-
ample would be a warning to the numerous spectators that surrounded him - stating
that XH dissoulute companions, and habits of intoxication, had brought him to a fatal
end; he exhorted the young, in particular, to upright conduct = to an observance
of the S,bbath - advising them to make virtuous and religious people their asso-
ciates, He add@d, it had been his misfortune never to regard the many salutary
counsels, which had been given him by his best friends - but in a wanton and li-
¥% centious career, had heedlessly run on to that precipice upon which he was then
standing; and which, with him, divided time from eternity. He had now lived al-
most to the close of his 7th year - had been blessed with an unusual share of
health - and had been favored with an humble cometence sufficient to have supported
himself and family; but this was now lost by his imprudence, This added to the
poignancy of his grief, that the event which hurried him from life, left his family
destitute and forlorn, But time} time! he ad squardered away His sun was then
setting - night had overtaken him by surprize, and darkness and uncertainty
closed MH him on every side = what was to become of his poor soul, he knew nots but
hoped the Lord would have mercy on it. When his last moment arrived, he seemed
awfully alarmed & could scarcely support his tremblinc frame, The cart was now
driven from under him - the rope which was about his neck, slipping round, brought
that part of it which contains the knot to the occipul, A few minutes after he was
swung off, the cap slipped from his face = when his distorted countenance expressed
horrors not to be described or ever forgotten. = H, showed symptoms of life for
nearly 15 minutes after he was suspended - and his reluctant soulgzseemed unwilling
to depart and fearful of entering that 'Bourne from whence no traveler returns,' =
S. R. Ge REGISTER AND NORTH CAROLINA GAZETTE, Raleigh, NC, May 26, 1820 (32h&5)
"William B. Sparrow was_executed at Hillsborough on F,iday last, for the murder of
John Hunt in August. "¢ftbid. y 5-19-1820 ( 3th.)
"A MURDER, = On the llth instant, JOHN HUNT, of Oxange County, was shot, by a man
named SPARROW, of said county, commonly called BUCK SPARROW, It appears that Hunt
and Sparrow, in company with a person named BARBEE, had been hunting on the preceding day
without success; that they slept at Sparrow's that night and agreed to continue the
hunt on the llth, Hunt being on horseback, and the other two on foot, he undertook
to drive, and being unacquaynted with the woods, lost himself, Sparrow and Barbee
became tired of standing, and called at a house not far off to get some whiskey,
While they were at the house, they heard a horn. Barbee said: 'That is Hunt'g horn,
let us answer ity’ Sparrow replied: 'Aye, damn him, he or I will be in H,aven or Hell before
night.' (Barbee took but little notice of this extraordinary declaration at the time; but it
has since appeared that Sparrow was vexed with Hunt for having, as he believed, |
prevented a bargain between his father-in-law and him for a tract of land.) Sparrow and
Barbee proceeded to a Spring in the woods with the Whiskey, when hearing Hunt's horn
again, they answered it,‘and he soon came to them. After resting some‘ time, and
drinking their grog (though not to intoxication) the party prepared to go a driving
again, when Sparrow asked Hunt to let him ride with’ him, to which Hunt at first
appeared willing; but Barbee observing that his horse was too small to carry 2 men,
he declined’ its; when Sparrow said 'If you will not let me ride, I will shoot you!!
Hunt, going off, siad ‘you will not surely do that~' when Sparrow replied, 'dam you, I
will shoot you at any rate,' discharged his gun at his head, and killed him on the
spot. SKAKKaH Sparrow ran off, but was soon after pursued and taken,‘ and having
undergone an Examination, is now safely Hodged in Hillsborough Jail to take his trial
at the next Syperior Court." RALEIGH REGISTER AND NORTH CAROLINA GAZETTE, Raleigh,
NC, August 20, 1819 (3:3.)
TA
WRAt
538: Nic:
Board of County Commissioners’ for 17,
years; that Negroes. comprise approxi-;
mately, 60% of the population of the Coun-.
ty, and about 35% or 40% of the taxpay-.
ers; that the names of Negroes in jury
box No, 1 are printed in red, while those
of Whites are printed in black; that the
Comunissioners pass upon the person whose
name is drawn, and either accept or re-
ject such person when called; that in his
17 years as Clerk to the Board of County
Commissioners he had never seen the name
of a Negro placed on the approved list of
prospective jurors; that it is “common
knowledge, and generally known, that Ne-
groes do not serve and have not served on
grand or petit juries in Bertie County” ;
that he knows some of the Negroes whose
names have been drawn and rejected and
he would say they are average citizens;
that “whenever the name of a colored per-
son was called at a drawing of the County
Commissioners nobody said anything”, or
they would say: “Strike him out” or “Let
him go”; that. according to his records
no Negro has ever been summoned for
jury duty by the County Commissioners.
This witness further said, when ques-
tioned by, the court, that the Commission-
ers had followed the statutes on the sub-
ject of jury selection, and that there had
been no intentional or purposeful discrim-
ination against the colored race solely or
on account of race or color, He explained
that the red and black scrolls were for the
convenience ‘of the sheriff in summoning
the prospective jurors, as they would in-
dicate whether to look for a white or
colored person,
The Chairman of the Board of County
Commissioners teStified that there had been
“no discrimination at all’ in the selection
of persons to serve on juries; that he had
never “known a Negro’s name to be on
the list of persons chosen for service on
& grand or petit jury”, but that all rejec-
tions were for want of good moral charac-
ter and sufficient intelligence.
The Clerk of the Superior Court, two
members of the bar, and others testified
that they had never known a Negro to
serve on the grand jury in Bertie County.
47 SOUTH EASTERN REPORTER, 2d SERIES
The court found that there had been
‘no intentional or purposeful discrimina-
tion against the colored race in the selec-
tion of jurors for the August Term, 1947,
Bertie Superior Court, and overruled the
motion to quash the bill of indictment.
Exception by the defendant.
At the November Term, 1947, Bertie
Superior Court, Edmundson, S. J., pre-
siding, the case came on for trial. The
defendant again moved to quash the bill
of indictment upon the same ground as
urged at the August Term, and by con-
sent the evidence previously taken on the
motion was used upon its renewal. The
motion was again, overruled on findings
similar to those made at the August Term.
Exception by the defendant.
' t
The case then proceeded to trial and re-
sulted in a conviction of rape and sentence
of death. .
The prisoner appeals, assigning errors.
Harry M. McMullan, Atty. Gen., and T.
W. Bruton, Hughes J: Rhodes and’Ralph M.
Moody, ‘Asst. Attys. Gen., for the. State.
Herman L. Taylor, of Raleigh,’ and C.
J. Gates, of Durham, for defendant.
STACY, Chief Justice.
The question’ for decision is the cor-
rectness of the rulings on the motion to
quash.
{1] A careful perusal of the record
leaves us with the impression that the find-
ings and rulings of the trial court on the
defendant’s motion to quash the indictment
are without support in the factual evi-
dence. True, it is stated by at least two
of the witnesses that the Commissioners
intended and practiced “no discrimination”
in the drawing of jurors, but these are
conclusional statements which run counter
to the facts. For instance, the Clerk of
the Board of County Commissioners says
the red and black scrolls were for the con-
venience of the Sheriff in summoning pro-
spective jurors, albcit his own testimony
shows that the red scrolls never reached
the Sheriff or got beyond the Commis-
sioners, And the Chairman of the Board
of County Commissioners says that all re-
4
&
La
“ $TATE v. SPELLER' 10 09" 7) N.C. 539
Cite as 47 S.E.2d 537
jections were made for “want of good
moral character and sufficient intelligence”.
This cause was available to the Commis-
sioners as a general objection only’ when
the jury list was being prepared, G.S. §
9-1, and not after the names were in the
box. G.S. §§ 9-2, 9-7,
[2] The conclusions reached in the
court below are not supported by the rec-
ord. Hence, the rulings are subject to
review on appeal, State v. Walls, 211, N.C,
487, 191 S.E. 232 certiorari denied 302 U.S.
635, 58 S.Ct.'18, 82 L.Ed. 494; State v.
Henderson, 216 N.C. 99, 3 S.E.2d 357;
State v. Daniels, 134 N.C. 641, 46 S.E, 743;
State v. Peoples, 131 N.C. 784, 42 S.E. 814.
Even in some discretionary matters an
appeal may lie for deficiency in the record,
Crane v. Carswell, 204 N.C. 571, 169 S.E.
160, : ti i i
[3,4] In State v. Peoples, supra, it was
held by this Court that “the exclusion of
all persons of the Negro race from a grand
jury, which finds an indictment against
a negro, where they are excluded solely be-
cause of their race or color, denies him. the
equal protection of the laws” in violation
of his constitutional ‘rights, and that a mo-
tion to quash the indictment would properly
fie in such case. A like conclusion is
reached here by virtue of our decisions on
the “law-of-the-land” clause in the Decla-
tation of Rights, Art. I, Sec. 17. State
v. Collins, 169 N.C, 323, 84 S.E. 1049,
[5] It has long been the holding in
this jurisdiction that the law knows no dis-
tinction among those whose names are
rightly in the jury box, and none should
be recognized by. the administrative offi-
cials. State v. Sloan, 97 N.C. 499, 2 S.E.
666; Capcehart v. Stewart, 80 N.C. 101.
Then, when we ‘turn to the Federal cas-
es on the subject, no doubt is left as to
the invalidity of the indictment appearing
on the present record. Patton v. Missis-
sippi, 332°U.S. 463, 68 S.Ct. 184, Smith v.
Texas, 311 U,S. 128, 61 S.Ct. 164, 85 L.Ed.
84; Pierre v. Louisiana, 306 U.S. 354, 59
S.Ct. 536, 83 L.Ed. 757; Hollins v. Okla-
homa, 295 U.S, 394, 55 S.Ct. 784, 79 L.Ed.
1500; , Norris v. Alabama, 294 U.S, 587,
55 S.Ct. 579, 79 L.Ed. 1074; Rogers v.
Alabama, 192 U.S. 226, 24 S.Ct. 257, 48 L.
Ed. 417; Carter v., Texas, 177 U.S. 442,
20 S.Ct. 687, 44 L.Ed. 839; Neal v. Dela-
ware, 103. U.S. :370;:26° LiEd:;... 567," “A
systematic and arbitrary exclusion of ne-
groes from gtand and petit jury lists be-
cause of their race and color constitutes
a denial to a negro charged with crime of
the equal protection of the laws guaranteed
by the Fourteenth Amendment”. © Hale v.
Kentucky, 303 U.S. 613, 58 S.Ct. 753, 754,
82 L.Ed. 1050. See Annotation following
this case in. 82 L.Ed. 1053, for collection
of authorities and valuable note,
[6] Upon the showing here made, the
trial court might well have directed the
Commissioners to proceed, as the law com-
mands, with the drawing of a proper jury
panel to be summoned for service at a later
term, from which a lawful grand jury
could be drawn and unexceptionable petit
juries selected. G.S. §§ 9-3, 9-25. Per-
haps this may now be done without an or-
der of court.
[7] The defendant is not to be dis-
charged. He will be held until the accusa-
tion against him can be performed by an
unexceptionable grand jury, and, even
after the present bill is quashed, the court
may still order his detention for like pur-
pose, if need be, in manner similar to that
approved in State v. Griffice, 74 N.C. 316,
The exceptions to the rulings on the mo-
tion to quash must be sustained.
Reversed.
a
536. N.C.
the Beverage Control Act, was supported
by the findings of fact, judgment would be
affirmed. G.S. § 18-78,
a
Appeal from Superior Court, Anson
County; J. A. Rousseau, Judge.
Certiorari by W. T. Harney, J. S. Low-
ry, and J. P. McLaurin to review an or-
der made by the Mayor and the Board of
Commissioners of the Town of McFarlan,
Cleve Northcott, Mayor, and J. T. Moore,
Flay Canipe, J. T. Moore, Bryant Teal, and
Eugene Braswell, members of the Board
of Commissioners of the Town of McFar-
lan, revoking the beer and wine licenses
issued to each of the petitioners, From a
judgment dismissing the writ, the petition-
ers appeal.
Judgment affirmed.
This was a hearing before his Honor on
the return of respondents to a writ of cer-
tiorari, issued by Pittman, J., on 9 August,
1947, requiring the respondents to certify
to the Superior Court of Anson County,
N. C.,, a transcript of the proceedings in
which the Mayor and Board of Commis-
sioners of the Town of McFarlan revoked
the beer and wine licenses of each of the
petitioners, on 17 July, 1947,
The petitioners challenged the correct-
ness of the certified transcript on the
ground that it was incomplete and erron-
eous. However, they did not lodge a mo-
tion for a new writ in order that a com-
plete and accurate transcript of the pro-
ceedings before the Mayor and Board of
Commissioners of the Town of McFarlan
might be obtained. Instead, it appears that
the trial Judge permitted them to supple-
ment the certified transcript by oral testi-
mony.
Whereupon, at the close of the hear-
ing, the Court found the following facts:
“That the record as certified by the Secre-
tary to the Board of Commissioners of the
Town of McFarlan, North Carolina, shows
that the said Board had ample authority
47 SOUTH EASTERN REPORTER, 2d SERIES
and evidence for the revocation of the
beer and wine licenses issued to each of
the petitioners and that each of the peti-
tioners has violated the provisions of Sec-
tion 514 of the Beverage Control Act [G.S,
§ 18-78]; and the Court further finds that
said writ of certiorari should be dis-
missed,” and entered judgment accord-
ingly. ;
Petitioners appealed to the Supreme
Court, and were allowed sixty days in
which to make up and serve case on ap-
peal, and the respondents were allowed
forty days thereafter to serve counter-
case or exceptions.
A. Paul Kitchin, of Wadesboro, and
George S. Steele, Jr., of Rockingham, for
petitioners.
Barrington T. Hill, of Wadesboro, for
respondents,
DENNY, Justice,
[1] It does not appear on this record
that the purported case on appeal was
served on the appellees, or that it was set-
tled by agreement or otherwise.
“Exceptions which point out alleged er-
rors occurring during the progress of a
trial in which oral testimony is offered can
be presented only through a ‘case on ap-
peal’ or ‘case agreed.’ Cressler v. Ashe-
ville, supra (138 N.C. 482, 51 S.E. 53).”
Russos v. Bailey, 228 N.C. 783, 47 S.E.2d
22;
[2,3] Hence, the exception to the judg-
ment presents the only question for con-
sideration on the appeal. The judgment is
supported by the findings of fact, and must,
therefore, be upheld. Wilson v. Robinson,
224 N.C. 851, 32 S.E.2d 601; Rader v.
Queen City Coach Co., 225 N.C. 537, 35 S.
E.2d 609; Fox v. Cramerton Mills, Inc., 225
N.C. 580, 35 S.E.2d 869; Hughes v. Oliver,
228 N.C. 680, 47 S.E.2d 6; Roach v. Pritch-
ett, 228 N.C. 747, 47 S.E.2d 20; Russos v.
Bailey, supra; Western North Carolina
Conference v. Talley, N.Car., 47 S.E.2d 467.
The judgment below is affirmed.
STATE v. SPELLER N.C. 537
Cite as 47 S.E.2d 537
229 N.C. 67 :
STATE v. SPELLER.—
No. 147.
Supreme Court of North Carolina,
May 5, 1948.
1. Jury €=66(1)
“Want of good moral character” and
sufficient intelligence was available to coun-
ty commissioners as a general objection
only when jury ‘list was being prepared,
and not after names were in the box. G.S,
§§ 9-1, 9-2, 9-7,
2. Criminal law C=1134(5)
Where conclusions reached in court
below that there had been no intentional
discrimination against colored race in selec-
tion of jurors were not supported by rec-
ord, rulings were subject to review on ap-
peal, particularly since even in some dis-
cretionary matters an appeal may lie for
deficiency in the record. G.S. §§ 9-1, 9-2,
9-7,
3. Constitutional law 221
Exclusion of Negroes from grand jury
which finds indictment against a Negro,
solely because of their race or color, denies
accused equal protection of the laws, G.S.
§§ 9-1, 9-2, 9-7,
4. Constitutional law €=221
Indictment and Information €=137(2)
Indictment charging Negro with fe-
lonious assault and rape denied him equal
protection of the laws, in view of evidence
that Negroes comprised approximately 60
percent of population of county, that names
of Negroes in jury box number one were
printed in red while those of whites were
printed in black, and that Negroes had
never been drawn for either grand or petit
jury service, and hence motion by defend-
ant to quash indictment because of sys-
tematic, arbitrary and intentional exclusion
of Negroes from jury service should have
been granted, notwithstanding testimony
that there had been no intentional dis-
crimination. G.S, §§ 9-1, 9-2, 9-7; Const.
art. 1, § 17.
5. Jury €>66(1)
The law knows no distinction among
those whose names are rightly in the jury
47 S.E.2d—34%
box, and none should be recognized by ad-
ministrative officials,
6. Indictment and Information €=141
Where evidence supported motion by
defendant to quash indictment because of
systematic, arbitrary and intentional ex-
clusion of Negroes from jury service, trial
court might have directed commissioners
to proceed, as the law commands, with
drawing of proper jury panel to be sum-
moned for service at later term, from which
lawful grand jury could be drawn and un-
exceptionable petit juries selected. GS.
§§ 9-3, 9-25.
7. Indictment and Information €=15(4)
Where Supreme Court on appeal de
termined that motion to quash indictment
because of the exclusion of Negroes from
jury service should have been granted, the
defendant would not. be discharged, but
was to be held until accusation against
him could be performed by an unexception-
able grand jury.
a es
Appeal from Superior Court, Bertie
County; Paul B, Edmundson, ’ Special
Judge.
Raleigh Speller was convicted of rape
and he appeals, assigning errors. —
Reversed.
Criminal prosecution on_ indictment
charging the defendant with felonious as-
sault and rape.
At the August Term, 1947, Bertie Su-
perior Court, Frizzelle, J., presiding, the
grand jury returned a true bill against
the defendant charging him with felonious
assault and rape.
Upon arraignment and before plea, the
defendant moved to quash the indictment
because of systematic, arbitrary and inten-
tional exclusion of members of his race, the
Negro race, from jury service in Bertie
County by the administrative officers in
charge of jury selection. Upon the hearing
of the motion, there was evidence addressed
to the matter, both from the defendant and
the prosecution.
The Register of Deeds of the County
testified that he had been, Clerk of the
TH
ty
ca
E
S
Seal
4)
ag
TT)
Le.
A)
BUTTOLeD UJION SeS ‘yoTeq ‘US
"¢G-62-G ‘(eT 428g)
‘ee
294 (N.C.
not comply with the pertinent constitutional
requirement that it should have a concurrent
resolution adopted by a two-thirds vote of
each House authorizing the introduction of
the bill. And no such showing is sought to
be made here. Indeed, the constitutionality
of the act incorporating the Epworth Or-
phanage and granting it powers of adoption
was not before the court for determination.
The courts do not declare Acts of Assembly
unconstitutional even when clearly so, ex-
cept in cases properly calling for the de-
termination of their validity. State v.
Lucders, 214 N.C. 558, 200 S.E. 22. In the
first place, they are presumed to be con-
stitutional, and it is only in the exercise of
judicial power, properly invoked, that the
courts are authorized to render harmless or
set at naught any Act of Assembly. Wood
yv. Braswell, 192 N.C. 588, 135 S.E. 529;
Moore v. Bell, 191 N.C. 305, 131 S.E. 724.
The petitioner disavows any assault upon
the legality of appellant’s adoption. In re-
spect of this question, which the parties
have refrained from raising by plea or
otherwise, he stands mute and rightly so,
perhaps, for it may be doubted whether he
would be permitted to interpose such a chal-
lenge in the circumstances of the case.
Cribbs v. Floyd, 188 S.C. 443, 199 S.E. 677;
1 Am.Jur. 676. ,
Error and remanded.
o==
> 230 N.C. 345
STATE v. SPELLER.
No. 147.
Supreme Court of North Carolina.’ ‘
May 4, 1949.
I. Rape >51(1),
Evidence sustained conviction of rapes
G.S, 15-173. r
2. Criminal law €=404(4)
“In rape prosecution, articles of cloth-
ing identified as those.worn by. accused
and prose:utrix at time of alleged rape,
53 SOUTH EASTERN REPORTER, 2d SERIES
and which bore tears and: stains’ corro*’
borative of ‘the state’s theory, were ad-
missible.
3. Criminal law C=412(2)
Where evidence in rape prosecution,
indicated that incriminatory statements by
accused to officers soon after alleged crime
were voluntary, they were properly; ad-
mitted.
4. Criminal law €=641(1)
Constitutional guarantee that every
man should have right to be defended
in all criminal prosecutions by counsel
whom he selects and retains amounts to
nothing if counsel for accused are not’
allowed sufficient time to prepare defense.
U.S.C.A.Const.Amend. 14; Const.N.C.
art. 1, § 11. Poti
5. Criminal law €=641(1)
Constitutional guarantee of right to
counsel contemplates not only. that ac-
cused’ shall ‘have. privilege of engaging
counsel, but also that he and counsel
shall have a reasonable opportunity, in light
of all attendant circumstances, to investi-
gate, prepare, and present defense. U.S.
C.A.Const.Amend., 14; Const.N.C,. art. 1,
§ 11.
6. Constitutional law C221 i
Principle that state exclusion of Ne-
groes from grand and petit juries solely
because of race or color denies Negro
defendants in criminal cases equal ‘pro-
tection of laws required by Constitution
does uot mean that jury must be composed
of persons of Negro and white races in
proportion to their respective numbers as
citizens, nor that a Negro has right to
demand that grand jury and petit jury
shall’ be composed, wholly or in part, of
Negro persons, but only that Negroes shall
not be discriminated against or excluded.
U.S.C.A.Const.Amend. 14.
7. Criminal law G=1158(3)
Ordinarily, a trial court’s findings,
supported by evidence, that special venire-
men were drawn and summoned in accor-
dance with state laws and that there had
been no discrimination against persons
of a Negro defendant’s race in preparing
jury list, are conclusive on appeal.
PEPER
STATE v. SPELLER
Cite as 53 S.E.2d 294
8. Criminal law €=641(1), 1166!/2(1) -
Where, ‘in prosecution of Negro for
rape of white woman, court on its own
motion and without prior notice directed
that a special venire of 75 persons should
be summoned from county 82 miles away,
refusal of request of Negro’s counsel for
time to investigate matters in county
from which special venire was to be
summoned, to determine whether Negroes
had been excluded from jury lists in that
county solely on account of race or color,
was reversible error because it. denied
Negro’s. fundamental right of representa-
tion by counSel. U.S.C.A.Const.Amend.
14; Const.N.C, art. 1, § 11.
—_——__~—__—
Appeal from Superior Court, Bertie
County; R. Hunt Parker, Judge.
Raleigh Speller was convicted of rape,
and he appeals.
New trial.
This is the second time that this case
has come to this Court on the appeal of
the prisoner, a Negro man, from a sen-
tence of death pronounced on a verdict
of a petit jury finding him guilty of the
capital felony of rape upon a white woman,
On the former appeal, this Court re-
versed the conviction and judgment and
remanded the action to the Superior Court
of Bertie County for a new trial. because
it concluded that the prisoner had been
denied his constitutional rights through
the purposeful exclusion of members of
his race from the grand jury by which he
was indicted. State v. Speller, 229, N.C.
67, 47 S.E.2d° 537. The prisoner was
indicted anew on the same charge at the
August Term, 1948, of the Superior Court
of Bertie County by a different grand jury
composed of members of both the white
and Negro ‘races. The validity of the
second indictment is not challenged.’ When
arraigned thereon, the prisoner pleaded
“not guilty’ and procured a continuance
of the trial to the November Term, 1948,
of the Superior Court in Bertie County: '
; On the. opening day of that. term, to-
wit, November 15, 1948, the presiding
judge entered an order on his own motign
N.C. 295
under G.S. § 1-86 directing that a special
venire of 75 persons should be summoned
from Warren County, a county in the
same judicial district as Bertie, to appear
in the Superior Court of Bertie County
at 3:00 o’clock P.M. on the following day
as the jury panel for the trial of this case,
and. providing that the names of such
persons. should be drawn from the jury.
box. of Warren County by a child under
ten years of age in the presence of the
Clerk to the Board of Commissioners of
Warren County, the solicitor of the dis-
trict, the prisoner, and counsel for the
prisoner,
Neither 'the solicitor nor counsel for the
defense’ had any notice that the jury panel
would be called:from Warren County until
the trial judge read and signed the order
therefor in open court on the first day of
the term. Warrenton, the county seat of
Warren County, is about. 82 miles from
Windsor, the county seat of Bertie County,
where. the prisoner made his home, and
more than 50 miles from Durham. and
Raleigh, where. counsel for the defense
tesided and ordinarily practiced law. The
record does not indicate that the prisoner
or his ‘attorneys possessed any personal
knowledge of Warren County or its affairs
when trial was had in this case.
Pursuant to the order for the special
venire, scrolls bearing 75 names were
drawn from the jury box of Warren Coun-
ty in the courthouse at Warrenton about
5:00 P.M. on Monday, November 15,
1948, by a child under ten years of age
in the presence of the clerk to the Board
of Commissioners of Warren County, the
solicitor, the’ prisoner, and counsel for the
defense. As a result of absence of illness,
18 of those whose names'were drawn did
not receive a summons to serve on the panel;
but the remainder, consisting of 56 white
men and 1 Negro, appeared at the court-
house of Bertie County in Windsor at the
appointed hour on Tuesday, '\November
16, 1948. * hs oe apreg
Before the trial jury was chosen, sworn,
or impaneled, counsel for the prisoner
lodged “a challenge to the entire array of
petit jurors upon the ground of dispro-
portionate representation of negroes on
€S-62-G ‘(eT3ceq)euTTOIeg UYION seS ‘USTOTeY SuNTTHIe
‘7
ip
f
eee
aes
iH
i
;
&
oe
ths a
pith Seamer |
ti :
ea i
:
Bude: thes
* et ra
i
: z
296 N.C.
petit juries in Warren County and long,
continuous and systematic exclusion of
negroes from petit juries in Warren Coun-
ty, all contrary to the laws of the State
of North Carolina and of the United
States.” When they interposed their chal-
lenge to the array, the attorneys for the
defense moved “the Court to grant time
to get evidence from Warren County on
the issue of disproportionate representation
of negroes on petit jurics and long and
continuous exclusion of negroes from
petit juries in Warren County.” The
trial judge denied this motion, but an-
nounced that he would “hear any evidence
that the defendant has,” and that there
were “at least 59 people from Warren
County, one of whom is a negro, in the
court room.”
Counsel for prisoner thereupon under-
took to support the challenge to the array
by calling six witnesses at random from
the special veniremen and other bystanders
in the courtroom. One of these witnesses,
to-wit, T. W. Sykes, the only Negro on
the panel, testified that he had been a
juror in Warren County “a time or two”
in the 44 ycars he had resided there, but
that he did not recall any other Negroes
who had served on the grand jury or the
petit jury in Warren County during that
period. Three of the witnesses stated that
“Negroes had served on petit juries in
Warren County almost every term of court
in the last 8 or 10 years.” The other two
disclaimed any knowledge of the matter
in controversy. It was agreed, however,
that many Negroes owned property in
Warren County.
After these six witnesses had testified,
the court temporarily desisted from hear-
ing evidence on the challenge to the array
and proceeded with the selection of a trial
jury from the special venire of 57 persons
so that members of the venire not chosen
as trial jurors might not be detained in
Bertie County overnight. In taking this
course, the presiding judge announced that
the trial jury would not be impaneled until
he had ruled on the prisoner’s challenge
to the array. An all-white trial jury was
selected after the prisoner had exhausted
the 14 peremptory challenges allowed him
by statute and had sought unsuccessfully
53 SOUTH EASTERN REPORTER, 2d SERIES
to excuse one of the trial jurors by a
challenge to the poll.
When the trial jury was thus completed,
the prisoner moved the court that such jury
be sent from the courtroom while the evi-
dence of three Negroes, to-wit, A. V.
Sykes, L. E. Sykes, and Freddie Hicks,
was offered “in continuation of the motion
challenging the array of petit jurors,”
This motion was denicd, and these three
witnesses were called to the stand in the
presence of the trial jurors. A. V. Sykes,
L. E. Sykes, and Freddie Hicks testified
that they were aged 42, 41, and 39 years
respectively; that they were Negroes
residing and owning property in Warren
County; that they had never been sum-
moned to jury service in Warren County;
and that they knew of only one or two
Negroes who had ever acted as grand or
petit jurors in Warren County, When the
presiding judge made his findings of fact
on the prisoner’s challenge to the array,
he found that “there is no evidence that
these three negroes, or any one of them,
were qualified to be selected by the Board
of County Commissioners of Warren
County to be put into the jury box. The
burden of proof to show this is upon
the defendant, which he has not shown.
The court takes judicial notice of the fact
that thousands and thousands of taxpayers
in the United States not only do not file
and pay their taxes but cheat and defraud
the Government in respect to the payment
of income taxes—not only small tax” payers
but tax payers who are due to pay, income
taxes in the hundreds of thousands of
dollars. In the face of such common
knowledge it would be a rash presumption
to assume that any man has paid all the
taxes assessed against him for the pre-
ceding year.”
After presenting the evidence of these
three witnesses, the prisoner rested in re-
spect. to his challenge to the array, and
court adjourned for the day. On the
following morning, to-wit, Wednesday,
November 17, 1948, the State offered
certain officers of Warren County as wit-
nesses on this phase of the controversy.
They testified, in substance, that at every
biennial revision of the jury list during
the 20 years last past the Board of Com-
pr aan ha cl a iA ym ec a Sm
STATR y. SPELILBR © N.C. 207
Cite as 53:'8.1.2d 204
missioners of Warren County had put into
the jury box the names of all adult resi-
dents of Warren County, irrespective of
their race or color, who were of good
moral character and sufficient intelligence
and who had paid all taxes assessed against
them during the preceding. year. The
prisoner elicited evidence on the cross-
examination of the State’s witnesses to
the effect that in 1940 Warren County
had a population of 23,145 people, of whom
8,036 were white and 15,109 were Negroes,
and that during the four years next pre-
ceding the drawing of the special venire
in the case at bar 1,077 whites and 28
Negroes had been called to jury service
_in Warren County.
The court made voluminous findings of
fact to the effect that during the 20 years
next preceding the trial of this action the
Board of . Commissioners, of Warren
County had fully complied with all. of
the provisions of chapter 9 of the’ General
Statutes relating to jurors. by putting on
the jury list and in the jury box the
names of all adult residents of the county,
without regard to race or color, who were
“of good moral character and of sufficient
intelligence” and who had made timely
payment of “all the taxes assessed against
them,” and that no Negroes had been ex-
cluded from the grand or petit juries of
the county during such period because of
their race or color. On the basis of these
findings, the court overruled the prisoner’s
challenge to the array, and thereupon the
trial jury theretofore chosen from the
special venire from Warren County was
impaneled and charged with the case.
Both the prosecution and the defense
offered testimony as to the merits of the
action. No good object will be served
by recounting the facts in detail. It will
suffice for present purposes to note that
the State’s evidence tended to show that
shortly after 10:30 P.M. on July 18, 1947,
the prisoner assaulted and raped the pro-
secutrix with savage brutality in the yard
at her home a mile and a half from Wind-
sor, and the prisoner’s testimony tended
to establish an alibi.
The trial judge instructed the jury that
it could return any one of the. following
four verdicts, to-wit: (1) Guilty of the
53 S.E.2d—1914
capital felony of rape} (2) guilty of an
assault with intent to commit rape; (3)
guilty of an assault on a female person;
and (4) not guilty. The jury found the
prisoner guilty of the capital felony of
rape, and the court pronounced judgment
of death against him on the verdict. He
appealed, assigning errors.
Herman L. Taylor, of Raleigh, and C.
J. Gates, of Durham, for appellant.
Harry M. McMullan, Atty. Gen., and
T. W. Bruton, Hughes J. Rhodes, and
Ralph M. Moody, Asst. Attys. Gen., for
the State. ae ;
ERVIN, Justice.
. [1-3] The evidence of the State was
sufficient to warrant a finding that the
prisoner had unlawful carnal knowledge
of the prosecutrix by force and against
her will. Consequently, the motions for a
compulsory nonsuit under G.S. § 15-173
were properly denied. State v. Hooks, 228
N.C. 689, 47 S.E.2d 234; State v. Hunt,
223 N.C.. 173, 25 S.E.2d 598; State v.
Vincent, 222 N.C. 543, 23 S.E.2d 832;
State’ v. Harris, 222 N.C. 157, 22 S.E.2d
229; State v. Johnson, 219 N.C. 757, 14
S.E.2d 792; State v. Lewis, 177 N.C
555, 98 S.E. 309; State v. Lance, 166 N.C.
411, 81 S.E. 1092, The articles of clothing
produced at the trial by the prosecution
were rightly received in evidence. They
were identified as garments worn by the
accused and the prosecutrix at the time
named in the indictment, and bore tears
and stains corroborative of the State’s
theory of the case. State v. Wall, 205
N.C. 659, 172 S.E. 216; State v. Fleming,
202 N.C. 512, 163 S.E. 453; State v. West-
moreland, 181 N.C. 590, 107 S.E. 438;
State v. Vann, 162 N.C. 534, 77 S.E. 295.
Since the evidence indicated that they
were voluntary in character, the court did
not err in admitting the incriminatory
statements made by the prisoner to the
officers of the law soon after the alleged
crime. State v. Thompson, 224 N.C.
661, 32 S.E.2d 24; State v. Wagstaff, 219
N.C. 15, 12 S.E.2d 657; State v. Smith,
213 N.C. 299, 195 S.E. 819; State v.
Tate, 210 N.C. 613, 188 S.E. 91; State v.
Edwards, 126 N.C. 1051, 35 SE. 540
a i LEE CINDER
oO aS or
“MV140 IOOHIS
a oe
te Rae ti Ay AOR LIN
998 «=(NLG.
The charge of the judge to the petit jury
was noteworthy for accuracy and clarity,
and the exception of the accused:to it is
without merit.
This brings us to a grave question pre-
sented by the record: Did the trial court
commit error in refusing to give counsel
for the defense time to investigate the
facts and to procure evidence from Warren
County in support of the challenge to the
array?
[4,5] Both the State and Federal Con-
stitutions secure to every man the right
to be defended in all criminal prosecu-
tions by counsel whom he selects and
retains. N.C.Const. Art. I, sec. 11; U.S.
Const. Amend, XIV. This right is not
intended to be an empty formality. It
would be a futile thing, indeed, to give
a person accused of crime a day in court
if he is denied a chance to prepare for
it, or to guarantee him the right of
representation by counsel if his counsel
is afforded no opportunity to ascertain
the facts or the law of the case. As the
Supreme Court of. Georgia declared, in
Blackman. y. State, 76 Ga. 288:.. “This
constitutional privilege would amount to
nothing if the counsel for the accused are
not allowed sufficient time to prepare his
defense; it would be a poor boon indeed.
This would be ‘to keep the word of promise
to our ear and break it to our hope’”.
Since the law regards substance. rather.
than form, the constitutional guaranty
of the right of counsel contemplates not
only that a person. charged: with crime
shall have the privilege of engaging coun-
sel, but also that he and his counsel shall
havea reasonable opportunity in the
light of all attendant circumstances to
investigate, prepare, and present his de-
fense. | State v. Gibson, 229 NC. 497,
50 S.E.2d 520; State v. Farrell, 223 N.C.
321, 26 S.E.2d 322. :
Since the prisoner was detained in ‘cus-
tody on a capital charge, he necessarily
relied on his counsel to look after his
defense. The ‘action pended in the Su-
perior Court of Bertie County, and ‘the
attorneys for the accused were charged
with knowledge that in the ordinary
course of law citizens would be summoned
53 SOUTH EASTERN REPORTER, 2d SERIES
from the body of that county to serve
as jurors on the trial of the cause. Mani-
festly, they could not be expected to an-
: ticipate or guess that the presiding judge,
acting on his own motion and without
any notice to them, would enter an order
subsequent to the convening of the term
at which the case was calendared for trial
calling a special venire from a distant
and unfamiliar county to serve as jurors
in the cause, notwithstanding the. order
was authorized by a statute specifying
that “upon suggestion made as provided
by §: 1-84 or on his own’ motion, ' the
presiding judge, instead of making order
of removal may cause as many jurors as
he deems necessary to be summoned from
any county in the same judicial district
or in an adjoining district by the sheriff
or other proper officer thereof, to attend,
at such time as the judge designates, and
serve as jurors” in any action in the
event there are probable grounds to believe
that a fair and impartial trial of such
action cannot otherwise be obtained. G.S.
§ 1-86. Besides, counsel for the accused
could not determine the desirability or
the propriety of challenging the array
until the panel was drawn and its character
ascertained. For these reasons, the de-
fense' was justifiably unprepared to prove
the validity of the challenge to the array
when the special veniremen appeared in
the Superior Court of Bertie County. 5
[6] When he lodged his challenge to
the array, the prisoner invoked, the prin-
ciple enunciated by repeated decisions of
the Supreme Court of the United. States
that state exclusion of Negroes from
grand and petit juries solely because of
their race or color denies Negro defendants
in criminal cases the equal protection of.
the laws required by the Fourteenth,
Amendment to the Federal Constitution.
Brunson v, North Carolina, 333 U.S. 851,
68 S.Ct. 634, 92 L.Ed. 1132; Patton v.
Mississippi, 332 U.S. 463, 68 S.Ct. 184, 92
L.Ed. 76, 1 A.L.R.2d 1286; Akins v. Tex-
as, 325 U.S. 398, 65 S.Ct. 1276, 89 L.Ed.
1692; Hill v. Texas, 316 U.S. 400, 62 S.Ct.
1159, 86 L.Ed. 1559; Smith v, Texas, 311
U.S. 128; 61 S.Ct. 164, 85 L.Ed. 84; Pierre
vy. Louisiana, 306 U.S, 354, 59 S.Ct. 536,
83 L.Ed. 7573’ Hale v. Kentucky, 303 U.S.
STATE vy. SPELLER: : NG, 299
Cite as 53 S.E.2d 294 .
613, 58 S.Ct. 753, 82 L.Ed. 1050; Hollins
y. Oklahoma, 295 U.S. 394, 55 .S.Ct. 784,
79 L.Ed. 1500; Norris v. Alabama, 294
U.S. 587, 55 S.Ct. 579, 79 L.Ed. 1074 ;
Rogers v. Alabama, 192 U.S. 226, 24
S.Ct. 257, 48 L.Ed. 417; Carter v. Texas,
177 U.S. 442, 20 S.Ct. 687, 44 L.Ed. 839 ;
Smith v. Mississippi, 162 U.S. 592, 16
S.Ct. 900, 40 L.Ed. 1082; Gibson v- Mis-
sissippi, 162 U.S, 565, 580, 16 S.Ct. 904,
906, 40 L.Ed. 1075, 1078; Bush v. Ken-
tucky, 107 U.S. 110, 1 S.Ct. 625,27: Led.
354; Neal v. Delaware, 103 U.S. 370,
26 L.Ed. 567; Ex Parte Virginia, 100 U.S.
339, 25 L.Ed. 676; State of Virginia v,
Rives, 100 U.S. 313, 321, 25 L.Ed. 667,
670; Strauder v. West Virginia, 100. U.S.
303, 25 L.Ed. 664. As the text writer in
16 C.J.S., Constitutional Law, § 540, has
declared: “This does not mean that a jury
must be composed of persons of each race
in proportion to their respective numbers
as citizens; nor does the equal protec-
tion of the laws give a negro or other
person the right to demand that the grand
or trial jury, considering his case, shall
be composed, wholly or in part, of persons
of his own race or color, the only right
to which he is entitled being that in the
selection of jurors persons of his race
or color shall not be discriminated against.
or excluded on that account.” Various
aspects of this question are considered in
these North Carolina cases: State v.
Speller, supra; State v. Brunson, 229
N.C. 37, 47 S.E.2d' 478; State v. Koritz,
227 N.C. 552, 43 S.E2d 77, certiorari
denied, Koritz v. State, 332 U.S. 768, 68
S.Ct. 80, 92 L.Ed. 354, and rehearing de-
nied 332 U.S. 812, 68 S.Ct. 106, 92 L.Ed.
390; State v. Henderson, 216 N.C. 99,
3 S.E.2d 357; State v. Walls, 211 N.C.
487, 191 S.E. 232, certiorari denied Walls
v. State, 302 U.S. 635, 58 S.Ct. 18, 82
L.Ed. 494; State v. Cooper, 205 N.C. 657,
172 S.E. 199; State v, Daniels, 134 N.C,
641, 46 S.E. 743; State v. Peoples, 131
N.C. 784, 42 S.E.2d 814; State v. Sloan,
97 N.C, 499, 2 S.E. .666; Capcehart. v.
Stewart, 80 N.C. 101.
[7] The trial court made findings that
the special veniremen were drawn and
summoned in accordance with the laws
of the State, and that there had been no
discrimination against persons .of the
prisoner’s race in: preparing the jury. list.
These findings were supported by evi-
dence, and ordinarily would be conclusive
on appeal in controversies of this nature.
State v. Walls, supra;. State v. Cooper,
supra; State v. Daniels, supra; State
v. Peoples, supra.
In the case as bar, however, the action
of the presiding judge in calling trial
jurors from a distant county took the
prisoner and his..counsel by surprise, and
rendered them justifiably unprepared forth-
with to sustain by testimony the challenge
to the array, which was apparently inter-
posed in good faith and on ‘reasonable
grounds, i
[8] Attorneys for the, defense asked
the court, in substance, for time to in-
vestigate relevant matters in Warren
County, and to secure evidence there to
substantiate the validity of the challenge
to the array. The court refused this
request. By virtue of this ruling, counsel
for the prisoner were compelled to resort
at random to the special veniremen and to
bystanders in the courtroom: at Windsor,
82 miles from the county seat of Warren
County, to sustain the proposition that
the Board of Commissioners of Warren
County had purposely excluded Negroes
from the jury list of Warren County and
from the venire in question solely on
account of their race or color. Despite
the handicap under which they labored,
counsel for the defense elicited testimony
from their witnesses and from witnesses
called to the stand by the State indicating
that the case for the State might well have
been so weakened, or the case for the
prisoner might well have been so streng-
thened as to have required contrary
findings and an opposite order in respect
to the lawfulness of the panel if they had
been granted a reasonable time for in-
vestigation, : preparation, and presentation
of the prisoner’s case on the challenge.
to the array, Thus, the record discloses
not only that the prisoner and his attorneys,
were denied a reasonable opportunity in
the light of prevailing conditions to in-
vestigate, prepare, and present his defense
on the challenge to the array, but also,
‘MY140 100HIS
2A eae ER CTL IIS ALLIEN ARE NIT Ho a te
ee
300 SiN.
that such denial of such opportunity pre-
judiced the prisoner’s rights.
The declaration of the Supreme Court
of Pennsylvania in Brown yv, Hummel,
6 Pa. 86, 47 Am.Dec. 431, is apposite.
“When the humblest citizen comes into
court with the constitution of his country
in his hand, we dare not disregard the
appeal.” Since it appears from the record
that the prisoner has been denied the
fundamental right of representation by
counsel vouchsafed him by both the State
and Federal Constitutions, the conviction
and sentence are vacated, and the action
is remanded to the Superior Court of
Bertie County for a
New trial.
230 N.C. 424
PAKE et ux. v. MORRIS.
No. 307.
. Supreme Court of North Carolina. -
May 11, 1949.
1. Trial €=352(1)
Submission to jury of issues whether
plaintiffs were owners and in possession of
land adjacent to fish-scrap factory, and
whether defendant maintained and operated
factory so as to create a nuisance, were
sufficient to determine whether injunction
would be granted to enjoin rebuilding of
factory after its destruction by fire.
2. Nuisance €=3(1)
A fish-scrap factory is not a “nuisance
per se”, and its status is determined by its
situation, environment, and manner of op-
ération.
See Words and Phrases, Permanent
Edition, for other judicial constructions
and definitions of “Nuisance Per Se”.
3. Nulsance €=34
In action by landowners to enjoin re-
building of a fish-scrap factory, instruction
that mere fact that there was a fish-scrap
plant in close proximity to plaintiff's home
did mot constitute a nuisance per se, and
that in order to be a nuisance it must work
83 SOUTH HASTHERN REPORTER, 2d. SERINS
some substantial annoyance, material physi-
cal discomfort to plaintiffs, or injury to
their health or property, was not error.
4. Nulsance €=36
Verdict which negatived any past nui-
sance in operation of fish-scrap factory
would not afford license to, operate such
plant in future so as to create a nuisance.
SEAWELL, J., dissenting,
——
Appeal from Superior Court, Carteret
County; Paul B. Edmundson, Special
Judge.
Action by Charles L. Pake and wife
against Lambert R. Morris to enjoin an
alleged threatened nuisance in operation
of a fish-scrap factory. From a judgment
for the defendant, plaintiffs appeal.
No error.
Civil action to enjoin an alleged threat-
ened nuisance in the operation of a fish fac-
tory in close proximity to plaintiffs’ home
near the Town of Beaufort in Carteret
County.
The complaint alleges:
1. That in 1939, the plaintiffs purchased
a tract of land on Taylor’s Creek Canal in
Carteret County, built their home and have
continued to reside therein ever since.
2. That thereafter, the defendant ac-
quired the adjoining property (site of the
former Atlantic Fisheries Factory) situate
about 500 feet from plaintiffs’ home, and in
November, 1947, commenced the operation
of a fish-scrap factory, which so polluted
the waters of the canal and permeated the
air with such offensive odors as to render
plaintiffs’ home unfit for residential pur-
poses and greatly annoyed their entire
family, disturbing their comfort and injur-
ing their health.
3. That the plaintiffs complained of the
annoyance and nuisance and requested the
defendant to desist from further operation
of his factory, which he declined to do.
4. That on or about 23 June, 1948, the
defendant’s factory was destroyed by fire.
5. That plaintiffs’ home, while defend-
ant’s factory was in operation, was ren-
dered practically uninhabitable, and the
Phong se hee
Bosh
e
-
payomee eet
$f yoy eho
‘PAKH +, MONKS j N.C. 301
Cite as 53 8.1.2d 300
comfort and health of their family greatly
impaired.
6. That the defendant is now planning
to rebuild and operate his factory on the
same site, and threatens to continue the
same offensive operations as heretofore to
the irreparable injury of plaintiffs.
Wherefore, plaintiffs ask for a perpetual
injunction. <
Upon denial of the material allegations.
of the complaint and issues joined, the jury
returned the following verdict:
“1, Are plaintiffs C. L. Pake and wife,
Eleanor, the owners and in possession of
the land described in the complaint? Ans.
Yes (by consent)
“2 Has the defendant L. R. Morris’
maintained and operated the factory re-
ferred to in the complaint so as to create
a nuisance, as alleged? Ans. No.”
The plaintiffs objected to the second is-
sue and tendered others in its stead.
From judgment on the verdict dismissing
the action, the plaintiffs appeal, assigning
errors.
R. A. Nunn, of New Bern, for plaintiffs,
appellants.
C. R. Wheatly, Jr., of Beaufort, A. L.
Hamilton, of Morehead City, and J. F,
Duncan, of Beaufort, for defendant, appel-
lee.
STACY, Chief Justice.
We are here confronted with (1) the suf-
ficiency of the issues to determine the con-
troversy, and (2) the correctness of the
charge.
[1] The issues were taken from the case
of Mewborn v. Rudisill Gold Mine, 211 N.
C. 544, 191 S.E. 28, and they seem quite
sufficient to settle the present controversy.
Roper v. Leary, 171 N.C. 35, 87 S.E. 945.,
The issues submitted were evolved from
the pleadings, secundum allegata, while
those tendered by the plaintiffs relate only
to evidentiary disputations. Kirk v. Atlan-
ta & C. A. L. Ry. Co., 97 N.C, 82, 2 SE.
live near.
’ annoyance, some material physical discom-
536. The verdict suffices to determine the
controversy. McIntosh on Procedure, 545.
Cf. McManus v. Southern R. Co., 150 N.C.
655, 64 S.E. 766.
[2] “A fish factory of the character dis-
closed by the record is not a nuisance per
_ se; situation, environment, and manner of:
operation determine its status. Webb v.
Virginia-Carolina’ Chemical Co., 170 N.C.
662, 87 S.E. 633, L.R.A.1916E, 971; Redd
v. Edna Cotton Mills, 136 N.C. 342, 48 S.E.
761, 67 L.R.A. 983. Speaking to a similar
situation in the adjoining County of Crav-
en, it was said: “This Court would be slov>
to declare any lawful business a nuisance.
per se.” Duffy v. E. H. & J. A. Meadows
- Co., 131 N.C. 31, 42 .S.E. 460, 461.
[3] The following is the heart. of the
instruction which forms the principal ex-
ception to the court’s charge to the jury:
“The mere fact that there is a fish scrap
plant there does not constitute a nuisance
per se, within itself. It must affect the
health, comfort or property of those who
It must work some substantial
fort to the plaintiffs, or injury to their
health or property.”
The instruction was patterned after the’
opinion in Duffy v. E. H. & J. A. Meadows
Co., supra, and is fully supported by what
was said therein.
[4] Of course, the verdict here which
negatives any past nuisance settles no more
than the present controversy. It affords the
defendant no license to operate its plant in
the future so as to create a nuisance, The
defendant is at all times subject to the law
of the land. So conceded. Sic utere tuo,
etc., is good law as well as good morals.
Cherry v. Williams, 147 N.C, 452, 61 S.E.
267, 125 Am.St.Rep. 566, 15 Ann.Cas. 715.
There is no error appearing on the rec-
ord. The verdict and judgment will be up-
held.
No error.
SEAWELL, J., dissents.
“MY 140 100
‘emcee TLS 2
qasitt OF AB
parvt
a
OOL OF L**
sch
758 8. 0.
a week before, but doing no overt act in
connection with the manufacture of whis-
key; and that he ran when the officers
called out to him and commenced to fire
pistols and rifles. And where is the man,
occupying the appellant’s station in life,
who wouldn’t have tried to escape under
the same circumstances, it matters not how
innocent of wrongdoing on this occasion
he may have been?
[2,3] Adopting almost verbatim the
language used in State v. Quick, 199 S.C.
256, 19 S.E.2d 101, we think there can be
no doubt but that the evidence strongly
tends to show an intention on the part
of the appellant to engage in the manu-
facture of liquor; certainly such inference
may reasonbly be drawn. But intent alone,
not coupled with some overt act toward
putting the intent into effect, is not cogni-
zable by the Courts. The law does not
57 SOUTH EASTERN REPORTER, 2d SERIES
concern itself with mere guilty intention,
unconnected with any overt act. State v.
Kelly, 114 S.C. 336, 103 S.E. 511; 14 Am.
Jur., Sec. 25, page 786.
[4] Moreover, the record discloses that
the State relied wholly upon circumstantial
evidence, which evidence in this case does
not measure up to the test of the estab-
lished law of this State and is not such as
would justify the submission of the issue
of the guilt of the appellant to the jury.
For the reasons above stated, we hold
that the trial Judge should have granted
the appellant’s motion for a direction of
verdict of not guilty, and that it was error
not to so do.
Reversed.
FISHBURNE, STUKES, TAYLOR
and OXNER, JJ., concur.
STATE v.
SPELLER N.C. 759
Cite as 57 S.E.2d 759
231 N.C, 549
STATE v. SPELLER.
No. 145.
Supreme Court of North Carolina,
‘March 8, 1950.
Raleigh Speller was convicted in the Su-
perior Court for Bertie County, W. I. Hal-
stead, Special Judge, for rape, and he ap-
pealed. The Supreme Court, Stacy, ©. J.,
held that defendant's challenge to the array
Was properly overruled, and that the evi-
dence supported the conviction.
No error.
1. Jury €=33(1), 79(3)
A party has no right to be tried by a
jury of his own race, or to have a repre-
sentative of any particular race on the
jury, but he does have the right to be tried
by a competent jury from which members
of his race have not been unlawfully ex-
cluded.
2. Jury €=33(1)
Where names of seven Negroes ap-
peared on special venire drawn to try
Negro accused of rape, and commissioners
had purged jury list of their county and in
full compliance with law placed names of
persons of both white and colored races in
the jury box without discrimination of any
kind, challenge to the array was properly
overruled.
_3. Rape €=51(1)
Evidence supported conviction for rape.
—_—_—_~_—.
Criminal prosecution on indictment charg-
ing the defendant with felonious assault
and rape upon Mrs. Aubrey Davis, a fe-
male.
Verdict: Guilty of rape as charged in
the bill of indictment.
Judgment: Death by asphyxiation,
The prisoner appeals, assigning crrors.
Harry M. McMullan, Atty. Gen., and
Hughes J. Rhodes, Asst. Atty, Gen., for the
State.
Herman L. Taylor, Raleigh, and C. J.
Gates, Durham, for defendant.
STACY, Chief Justice.
For the third time the defendant appeals
from a conviction of rape, without any
recommendation from the jury, and sen-
tence of death as the law commands in
such cases. On the prior appeals, reported
in 229 N.C. 67, 47 S.E.2d 537, and 230 N.C.
345, 53 S.E.2d 294, new trials were ordered
for jury defect and for failure to allow
defendant sufficient time or opportunity to
present his challenge to the array.
On the present hearing, all charges of
discrimination, jury defect and alleged ir-
regularities, which again constitute the dc-
fendant’s principal exceptions, have been
carefully investigated with ample oppor-
tunity afforded the defendant to be heard
upon his challenges., At the close of the
evidence on the challenges, counsel for the
defendant announced “that they desired to
offer no additional evidence in support of
said motion”,
The case was tried at the August Term,
1949, Bertie Superior Court, before a jury
selected from a special venire drawn from
Vance County at the instance of the de-
fendant. “Defendant’s counsel suggested
that the venire from which the said jury
should be selected be summoned from the
most remote county in the Third Judicial
District, the same being Vance County”.
(Judge’s findings, R. p. 58.)
[1,2] It was made to appear that on
the first Monday in July, 1949, the Com-
missioners of Vance County had purged
the jury list of their county and in full
compliance with the law had placed the
names of persons of both the white and the
colored races in the jury box without dis-
crimination of any kind. On the special
venire drawn to try the instant case there
appeared the names of seven Negroes, the
race to which the defendant belongs. It is
not the right of any party to be tried by a
jury of his own race, or to have a represen-
tative of any particular race on the jury.
It is his right, however, to be tried by a
competent jury from which members of
his race have not been unlawfully exclud-
ed. State v. Koritz, 227 N.C. 552, 43 S.E.
2d 77; Ballard v. U. S., 329 U.S. 187, 67
S.Ct. 261, 91 L.Ed. 181. No such exclu-
fal
¢
£S5-62-G
ukgtatahadatalehats bas aesedsh hiss te eh
(90349q) sutTToren UYION ses ‘YoOeTq ‘US TOT EY warp Tas
4 : ast
hoes ates
opt
she
sui
vee ee
*
4
Lei icst re teet strat
uF
#
TEL IRSP ERTIES Pet rar ots oe
-
Sigtitteoar ides teatebak ade shbied phatase at
bie seee and toe pate tg ther e+
and affidavit of the prisoner, was removed
156 97 SOUTHEASTERN REPORTER (N.C.
10. HNomicipeE ¢€==307(4) — Instructions —}]to his home. He was asked where his pis-
ELIMINATING MANSLAUGHTER,
tol was, and replied that it was downstairs
A killing by repeated shooting being shown, in his mother’s room, but the officers turned
and nothing in extenuation, as to which defend-
ant has the burden of proof, appearing, the
up his pillow and ‘ound the pistol, which
real question being identity of the slayer, the| was of 38 caliber. ‘The goggles were found
jury are properly told there is no element of| pening the bed, where the ceiling and weath-
manslaughter.
erboarding stopped. The warrant was read
*RIMIN = ONS ; A
11, Cemented LAw Oo 1088())~Ineracars to him, charging that he had carried a con-
—OBJECTIONS,
Any misstatement in charge should at prop-| cealed weapon, a pistol, to Mrs. Daniel’s;
er time have been called to the attention of| when he said that he was not the man, as
the trial court, that it might be corrected.
12. HoMIciDE €==234(7)—SuFFICIENCY OF CIR-
CUMSTANTIAL EVIDENCE.
Circumstantial evidence held sufficient to
warrant finding beyond reasonable doubt of de-
fendant as the murderer.
Appeal from Superior Court, Surry Coun-
ty; Shaw, Judge.
Napoleon Spencer was convicted of mur-
der in the first degree and appeals. No er-
ror.
The prisonér was charged with the mur-
der of Mrs. Alva Hester, which is alleged
to haye been committed in Forsyth county
on March 5, 1918. The case, upon motion
to Surry county for trial.
It was not denied by the prisoner that Mrs.
Hester was killed at the time stated, about
5:30 o'clock in the afternoon of Tuesday,
March 5, 1918, but he contended that he was
not there at the time and took no part in
the homicide. There is evidence tending to
show that almost immediately after the re-
ports of the pistol were heard a man was
seen going over a knoll about 25 yards from
the house where the Hesters lived. He was
not recognized at the time, but the witness
James Stanly stated that he wore a dark
suit, and there was something white around
his neck above his coat. He did not see
him well enough to know who he was, Fur-
ther evidence tended to show that the prison-
er was seen the same afternoon in that
neighborhood, and walking in the direction
of the house, and wearing a dark cap and
coat, and having something white around his
neck, and something over his face so that
you could not see it. He also had on gog-
gles. John Ford, one of the witnesses, saw
him pass when going in the direction of the
Hester home, and his tracks were traced
from that place to the Hester house, and a
shoe put in his tracks which was found to
fit it. The same evening, after the homicide
had been committed, he was seen to come out
of the woods and from the general direction
of the Tester place. He returned to his
home, and his mother stated to Mrs. Bean,
her language being: “That’s my boy coming
from his work, but that’s a funny way for
him to come from his work.” He came in
the back way from the direction of the Shady
Mount schoolhouse. He was arrested in
his room that very evening, and the goggles,
the Hanes Knitting Mill, where he worked,
did not close until 5:30 p. m. He was taken
by the officers to Mr. Boyd’s, where he was
identified by certain witnesses as the man
i
turn in the afternoon of that day, though He
had said that he could not have been at the™
homicide, because the mill did not close un
til 5:30 o'clock p. m. While in jail he was}
asked why there was blood on his bandkers#
chief and on his overalls, and he replied
that his nose had bled and he used is hand-!
kerchief in his pocket with blood on it, and”
still another, and he gave the same explana-
There was other evidence tending, more or
less, to connect the prisoner with the com-*
mission of the homicide, but it need not be.
stated, in the view taken of the case, eX-
cept to say that when the body of Mrs. Hes-?
ter was found she was lying on her back in
the room, and was covered with blood, which
was fresh. As Mr. Hester was coming to the
house, after hearing the report of the pis-
tol, he was shot in the head when near the
house. The jury found the prisoner guilty
of murder in the first degree, and from the
judgment upon the verdict he appealed,
J. 8. Fitts and Jones & Clement, all of
Winston-Salem, for fappellant. James S.
Manning, Atty. Gen., and Frank Nash, Asst.
Atty. Gen., for the State.
WALKER, J. (after stating the facts as
above). It cannot be well doubted that there
was ample evidence of the prisoner’s guilt.
The evidence, it is true, was circumstantial,
but sufficiently strong for submission to the
jury, and the court clearly and fully explain-
ed in its instructions the nature of such evi-
dence and what was required to make it
sufficient for a conviction.. The charge was
clothes, overalls, scarf, and pistol were found
there. He was in bed when the officers went
altogether favorable to the prisoner, and
j his rights were carefully guarded in every
G@=>For other cases see same topic and KEY-NUMBER ip all Key-Numbered Digests and Indexes
they had seen that afternoon. There was*,—
evidence contradicting his statements as to ~
where he was during the afternoon when :
Mrs. Hester was killed. He had quit his’ ~
work at the mill about noon, and did not res
Hester house at 5:30 p. m., the time of the*
kerchief. The officers found another hands eet
tion as to each one of them, and added: that|~
the blood from his nose had dripped on his'\~
overalls. On one of the handkerchiefs there® *
was a spot that looked like burnt powder, —
and when questioned about it he. stated that™
he had a dog and wanted him to bite and*.—
had fed him with powder for that purpose.”
| ssceta acted aenaniahiceieaaial
N.C.) STATE y
respect, and there Is no ground upon which
any objection to it can securely rest, though
we will later on notice one or two excep-
tions taken to it.
Exceptions were entered to several rul-
ings of the court upon evidence and other
matters, which we will consider in the order
of their assignment.
(1] First. The court permitted the wit-
‘ness J. T. Thompson to use a map of the
premises where the homicide occurred to ex-
plain and illustrate his testimony, and it
was used for no other purpose, the court re-
stricting it to that special purpose. We have
often held that maps and diagrams are com-
petent for the purpose of enabling a wit-
ness to explain his testimony so that the
jury may understand it. State y. Wilcox,
132 N. C. 1120, 44 S. E. 625; State v. Rogers,
168 N. C. 112, 83 S. EB. 161; Wharton’s Ev.
in Cr. Cases, p. 1116, § 537a.
[2] Second. The testimony of the witness
J. W. Daniel, as to the man shooting at his
dog near his home, was competent as some
evidence of the prisoner’s identity, and of
the fact that he had a pistol, and: this is
true when this testimony is read in connec-
tion with that of Mary Walker, who was
walking-behind the man who shot at the dog
and who testified that it was the prisoner,
as she thought at the time. The appearance
of the dog as he returned to the house was
natural evidence. “The instantaneous con-
clusions of the mind as to appearance, con-
dition, or mental or physical state of per-
fons, animals, and things, derived from ob-
servation of a variety of facts presented to
the senses at one and the same time, are,
legally speaking, matters of fact, and are
admissible in evidence.” State v. Leak, 156
N. C. 643, 72 S. E. 567; Renn v. Railroad
Co., 170 N. C. 128, 86 S. E. 964. Within this
rule, the opinion of the witness as to the
sppearance of the dog and his conduct was
permissible.
(3] Third. The question asked the witness
4. W. Daniel, which was excluded on ob-
Section of the state, was, of course, not an-
Swered and it did not appear what the an-
swer would have been. It might have been
unfavorable to the prisoner, in which case
his objection would have failed, as he could
gain nothing by such an answer and was de-
Privec of no beneficial testimony. McMillan
¥. Railroad Co., 172 N. C. 853, 90 S. EB. 683.
{4] Fourth. The testimony of Mary Walk-
er, as eae mire of the man she saw near
+ Daniel’s house when the pistol was
Fi ole, the dogs barked and were frighten-
pada was competent. She could give her
whee ‘ or opinion as to who he was from
“Opin” Saw, as she knew him before.
Ra ee So far as it consists of a state
Sine ce effect produced on the mind, -be-
able - mary evidence, and hence admis-
as re lenever a condition of things is such
cannot be reproduced and made pal-
- SPENCER 157
is this the case with regard to nolses and
smells, to questions of identification, where
a witness is allowed to speak as to his opin-
fon or belief, and to the question whether a
party believed himself at the time to be in
great danger of death.” Wharton’s Ey. in
Cr. Cases, § 459, p. 62.
[6] Fifth. It was competent, as corrobora-
tive of Otis Ross’ testimony, to show that-he
had made to other persons statements similar
to those he made on the witness stand, and
this may be shown by his own testimony.
State v. Rowe, 98 N.C. 629, 4 S. B. 506, and
cases cited; State vy. Whitfield, 92 N. C. 831.
[6] Sixth. The testimony as to the fitting
of the shoe to tracks found where the prison-
er had been seen was admissible, as it was
a circumstance tending to show identity.
State v. Graham, 74 N. C. 646, 21 Am. Rep.
493; State v. Lowry, 170 N. C. 730, 87 S. BE.
62. ‘This is “real” evidence, as called by the
civilians, and its value as Proof is greater
or less according to the circumstances. Best
on Evidence, § 183; State v. Lowry, supra.
It is some evidence tending to identify the
prisoner as the perpetrator of the crime.
There was sufficient proof that the tracks
Were those of the prisoner to warrant the
admission of this evidence as to the corre-
spondence between the tracks and the pris-
oner’s shoes.
(7] Seventh. The allusion of the sheriff
to the white scarf was not admitted to show
that it was the one the Prisoner wore around
his neck when the witness James Stanly saw
him “with something white above his coat,’”
but as the prisoner was silent when this
was said in his presence and hearing, and it
was equivalent to charging that he had com-
mitted the murder, it was some evidence of
the fact. He was permitted to explain it
by saying that he thought they were refer-
ring to the charge of carrying a concealed
weapon at Mr. Daniel's, when he wore a
white handkerchief, and the judge, in com-
menting on this evidence, most carefully
and minutely explained it to the jury and
the effect of it in the case, and told the jury
that if they found that the prisoner's state-
ment was true, and that he did not under-
stand that the sheriff was referring to the
homicide, they should utterly reject this evi-
dence, and not permit it to have any influence
in making up their verdict. The prisoner's
rights were thus sufficiently protected.
[8] Eighth. The testimony as to the pris-
oner having been an inmate of the reforma-
tory was restricted to the purpose of iden-
tification of him as the man who was_ Walk-
ing in the direction of the Hester home. One
witness, Mary Walker, has testified that. the
man she saw was the Spencer who had been
in the reformatory, and to show who this
was it was competent to prove that the pris-
oner was the only man by the name of Spen-
cer who had been confined there. It Was the
normal and logical way to prove the other
Peble in the concrete to the.jury. Eminently
fact.
oF
A, Ce 6
MMIVERSITY
Me
Ke
Pay PETERSEN HATS Pee: +
“te
is
4:
he
in
ig
we
Pee
%
ve
158 97 SOUTHEASTERN REPORTER (N.C.
[9] Ninth. This exception was taken to
testimony of Mr. Craven, who was the man-
ager of Rex Theater. The prisoner had been
told by J. A. Thomas, chief of police of Win-
ston-Salem, that they had investigated as to
his whereabouts in the afternoon of the day
when Mrs. Hester was killed, and discovered
that he was not at the Hanes Mill at that
time. The prisoner then admitted that he
was not there, but left the mill about 1
o’clock and went to his home, and afterwards,
the same afternoon, to Mr. Craven's theater.
Mr. Craven was introduced to show that the
prisoner was not at his theater, and his tes-
‘timony was clearly competent for this pur-
pose. The flat contradiction of himself was
some evidence of his guilt, and the contra-
diction by Mr. Craven was also a circum-
stance to be considered by the jury. State
y. Swink, 19 N. C. 9; State v. Rowe, 98 N. C.
620, 4 S. DB. 506.
[10] Tenth. There was no element of man-
slaughter in the case, and the court was
right in so stating to the jury. The homi-
cide bad more the appearance of a willful
and deliberate murder, with no excusing, eXx-
tenuating, or palliating circumstance. The
question was not as to the degree of the
crime, but as to who was its perpetrator.
The learned judge charged the jury as to
murder in the second degree, and the prison-
er got the full benefit of this proper instruc-
tion, but it is impossible to see in what con-
sisted the element of manslaughter. Who-
ever it was fired three times at Mrs. Hester,
each ball taking effect, two of them lodging
in her breast; and then the husband, as he
approached the house, was shot down by the
same person. It was not a sudden alterca-
tion, nor was there any legal provocation, or
any other fact or circumstance which, if
found by the jury, could in law reduce the
grade of the crime to manslaughter. The
slayer went there to steal, or, perhaps, to
commit some other felony, and to kill if dis-
covered and resisted. State v. Logan, 161
N. C. 235, 76 S. B. 1; State v. Lane, 166 N.
©. 333, 81 S. E. 620. The burden of reducing
the crime from murder in the second degree
to manslaughter was upon the prisoner, and
there is no evidence that would have war-
ranted a verdict of manslaughter. We said
in State v. Lane, supra:
“The instruction that if the prisoner inten-
tionally killed the deceased with a deadly weap-
on, to wit, a gun, the law implied malice, and
the prisoner would be guilty of murder in the
second degree, is well sustained by the cases.
In all indictments for homicide, when the in-
tentional killing is established or admitted, the
law presumes malice from the use of a deadly
weapon, and the defendant is guilty of murder
(now in the second degree) unless he can satisfy
the jury of the truth of facts which justify or
excuse his act or mitigate it to manslaughter.
The burden is on the defendant to establish
such facts to the satisfaction of the jury, un-
less they arise out of the evidence against him.
This rule has been uniformly adhered to by
Quick, 150 N. ©. 820 [64 S. E. 168.] his
principle has been reiterated by us in more re-
eent cases.” State v. Worley, 141 N. C. 764,
S. Fi. 332; State v. Simonds, 154 N. C. 197,
69 S. E. 790; State v. Cox, 153 N. C. 638, 69
S. BE. 419; State v. Fowler, 151 N. C. 731, 66
S. E. 567; and formerly in State v. Clark, 13
N. C. 698, 47 S. E. 386; State v. Brittain, 89
N. G. 481. To these may be added State v.
Davis, 175 N. C. 728, 95 S. BE. 48.
[11] Eleventh. We do not think there was
any misstatement of the contentions of coun-
sel in the charge, but, if there had been, it
should have been called to the attention ot
the court at the proper time, so that it might
be corrected. State v. Blackwell, 162 N. ©.
672, 78 S. DB. 316; State v. Martin, 173 N.
Cc. 808, 92 S. E. 597; State v. Burton, 1%Z
N. C. 939, 90 S, E. 561.
We may conclude with what was stated
by Judge Gaston in State v. Swink, 19 N. C.
9 (and reiterated in State v. Rowe, 98 N. C,
629, 4 S. EB. 506), which seems to be appli-:
cable to this case: ; }
“All the surrounding facts of a transaction:
may be submitted to the jury when they af-,
ford any fair presumption or inference as to,
the question in dispute. Upon this principle it
is that the conduct of the accused at the time’
such as ‘flight—the fabrication of false and con-,)
tradictory statements—the concealment of the fn
instruments of violence—the destruction or re-"
had been committed, or to ascertain the of- 7
fender, are all receivable in evidence as cite.
cumstances connected with, and throwing light:
the guilt of the prisoner, as there was ample
proof to warrant such a finding after apply-
ing most strictly, as the presiding judge did®
in this case, the rule as to circumstantial
evidence. }
The record discloses no error in the trial: *
No error. is
(176 N.C. 95)_
LPE v, ATLANTIC COAST LINE R. co.
(No. 61.) .
(Supreme Court of North Carolina. Sept. 18,
1918.)
1. CARRIERS €==366—EJECTION OF PASSENGER
—INTOXICATION.
The ejection of a passenger for nonpayment
of fare, when known to be too intoxicated to
protect himself from trains passing the place of
ejection, is negligence.
2, EVIDENCE €==109—EVJECTION OF PASSENGER
—INTOXICATION—HELPLESS CONDITION.
Evidence that witnesses stated in the pres-
ence of the conductor, who had just ejected a
drunken passenger, “If this train don’t kill him,
the next one will,” and “He is scrambling on
the ground, trying to catch the train,” was com-
petent on the question of the conductor’s knowl-
edge of the helplessness of the ejected passenger
to protect himself against other trains.
3. TRIAL €==244(4) — InstrucTION — UNDUE
EMPHASIS. , at
An instruction on the question of carriers
this court in indictments for homicide. State v.
negligence in ejecting a drunken passenger from
@=—=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
of the offense, or after being charged with ityeah
moval of proofs tending to show that an offensey ee
upon, the question of imputed guilt.” Sgt
[12] We are of opinion that the jury could®
fairly deduce, beyond any reasonable doubt,t™
CH
cn
7 ant ae
EM NEE dha beat Past ON ee
“ iene ae og 0 th Doe
N.C.) LEE v. ATLANTIC COAST LINE R. CO,
its train at a place where such passenger was
killed by the next train held not to unduly em-
puasize the contention of either party.
Appeal from Superior Court, Edgecombe} know whether be hear
County; Daniels, Judge.
159
train. Conductor pulled the train; ‘
‘ ain; he and Mr.
Ejttsen could both have seen him staggering.
Be ittman is railroad detective. I said some-
thing. The conductor was present. I don't
d me or not, I wouldn’t
swear that Mr. Pittman heard what I said. He
Action by Lula Lee against the Atlantic} 2s in the smoker at the time. He is a rail-
Coast Line Railroad Company. Judgment
_ for plaintiff, and defendant appeals. Af-} between the ‘train.’
firined.
This is an action to recover damages for
the wrongful death of one Lee, caused, as
the plaintiff alleges, by the negligence of
the defendant in the expulsion of Lee from
the train of the defendant while intoxicated
ond in a helpless condition, and at a place
where he was in danger of being run over
by passing trains. ‘The evidence tends to
prove that the deceased was at Petersburg,
Va., on January 9, 1916, the last day in-
toxicating liquors were sold in Virginia;
that the deceased bought a ticket at Peters-
burg for Battleboro, in North Carolina, and
boarded the train of the defendant as a pas-
senger. Frank Grear, a witness for the
plaintiff, testified as follows:
> live at Rocky Mount; went to Hopewell,
te on my return trip, I was at Petersburg,
" saw Frank Lee in station at Petersburg.
1 new him; recognized and spoke to him. He
ves under influence of liquor. I left him sit-
ting there until time for train to go to Rocky
pete I asked him if he was going there; he
me ‘nok told him that he better get his tick-
* elped him to the window. He got his tick-
t and put it in his pocket. When train came,
T took him out of the sitting room and helped
ay upon the train; when the train came, help-
PFs him up. Left him in the passway of
Wart rain; went to the smoker. When left
be gulp Street station, conductor came for
eed bk saw Lee fumbling about. I stood up
ae ig ed at him; he Fr up, being so full of
bn nm was fumbling all round his pocket for
“ ba et. Conductor told him to have his tick-
eb. nen he came back. Was not long before
nat rage came back with him in the smoker;
ee , give him $1. Conductor told him that
here Bs : him to Emporia, and when he got
bt sing d have to have his ticket. He could
tack oh by himself. Conductor had him by
+ a seouleer when he came in the smoker with
oth img Staggered some; would fall against
Pte and catch the seat. Suppose conductor
ped Bag a roy he brought him in the
i ie fter Lee paid the $1, conductor put
fale-ay n in the smoker; told him not to go
ne: e other car, There had been some com-
Peent od his falling over other passengers.
When Peg Bs aa and seemed to fall asleep.
bs eesti Peng got to Emporia, stopped where
el col y does. Lee did not get up; seemed he
aie <o sins — win his head on bis
‘pal § o’cloc : kc
sien the train abeane cnt Sywong dt was dark
ens conductor walked in an i
Perit aoe your ticket.’ ‘Train hea os si —
**. about a mile from bdecke
ype “y of Lee an
ed “ “
gel do you es uP at him and said, ‘What
Soot an
He Concht am going to put you off the train.’
satan on
platform, an
road detective. I said, ‘Well, if this trai :
‘0 J 2 - in don't
kill him, the next age because he is right
yerybody in the smoke
could have heard it. Mr. Pittman was fom
ne —_ me. re speaking in an ordi-
one of voice. ee could not hay
off train by himself.” Ret, ae
Another witness testified:
“Lee walked bad. Conductor pulled cord;
oe train hardly stopped when they put oes
Here witness said:
“I heard some one ; i y i
it; the conductor and dettues beat ont on
said; some one suid, ‘Look yonder; he is
scrambling on the ground, trying to catch the
train.” I didn’t see him; was on opposite side
of train. Conductor knew he was drunk. He
was not bothering anybody when they put him
off. He was worse when they put him off than
when he got on the train at Petersburg.”
It was also in evidence that another train
of the defendant passed the place where he
was ejected; within 30 minutes, moving at
a high rate of speed, and that there were
signs on the ground and roadbed indicating
that the deceased was struck about a car
length from the place where he was put off
the train. There was evidence on behalf of
the defendant contradicting practically all of
the evidence offered by the plaintiff.
At the conclusion of the evidence there
was a motion for judgment of nonsuit, which
was overruled, and the defendant excepted.
There are other exceptions, which will be
adverted to in the opinion. The jury re-
turned a verdict in favor of the plaintiff,
and judgment was entered thereon, from
which the defendant appealed.
F. S. Spruill, of Rocky Mount, and John
L. Bridgers, of Tarboro, for appellant. Foun-
tain & Fountain and G. M. T. Fountain &
Son, all of Tarboro, for appellee.
ALLEN, J. [1] It is contended in the brief
of the defendant that the motion for judg-
ment of nonsuit ought to have been sustain-
ed, because there is no evidence that the in-
testate of the plaintiff was down on the
track in an apparently helpless condition,
or, if in this position, that he could have
been discovered by the employés of the de-
fendant on the second train in time to avoid
the killing, by the exercise of ordinary care;
but it appears from the record that the ac-
tion was not tried on this theory, and, on
the contrary, that liability was imposed on
the defendant and a recovery permitted un-
der the principle announced in Roseman y.
Railroad, 112 N. C. 716, 16 S. B 768, 19 LL
R. A. 327, 34 Am. St. Rep. 524, where it is
held:
That, if the power given by law to eject a
passenger in proper cases “is exercised in such
a manner as to willfully and wantonly expose
the ejected person to danger of life or limb, the
OF FF
TVA, Cy §
t
UMIVERSI
a?
3
154
ance of the defendant’s offer and a new offer
by plaintiff as to other yarns.
It is said in 6 Ruling Case Law, p. 605,
par. 27:
“A request, suggestion, or proposal of altera-
tion or modification, made after an uncondition-
al acceptance of an offer, and not assented to
by the opposite party, does not affect the con-
tract in force and effect by the acceptance.”
But the case of Turner v. McCormick, 56
W. Va. 161, 49 S. E. 28, 67 L. R. A. 853, 107
Am. St. Rep. 904, is more directly in point,
and in the opinion of the court by Judge
Poffenbarger there is an able and exhaustive
treatment of the subject, with full citation
and review of the cases bearing upon it. The
court there held:
“(1) An acceptance in writing of a formal
and carefully prepared option of sale of land,
within the time allowed by it for acceptance,
using the formal words, ‘according to terms of
the option given me,’ to which there is added, by
the conjunction ‘and,’ a request for a departure
from its terms as to the time and place of per-
formance, is unconditional, and converts the
option into an executory contract of sale.
“(2) A mere request by one of the parties
thereto for an alteration or modification of a
fully accepted proposed contract, which by ac-
ceptance has been wrought into a binding con-
tract, is not a breach thereof, giving right o
rescission thereof or action thereon. Neither
does it effect such alteration unless assented to
by the other party.
“(3) Such request relates to performance of
the contract, and is not an element in the mak-
‘ing thereof, although written, and connected as
, aforesaid with the acceptance, on a single sheet
of paper, so as to make of the acceptance and
request a compound sentence.”
In discussing the question whether there
is any difference, in legal effect, between a
new proposal, if contained in the paper ac-
cepting the offer, which is our case, and one
if in a separate writing, the learned judge
said:
“A request may be added to an acceptance for
a good purpose, and it does not necessarily in-
dicate an intention to change the terms of the
proposed contract. The plaintiff desired the
land, and was willing to take it and pay for it.
He preferred to close all the options on the
same day, and therefore added this request.
Suppose he had on one day put the first part
of the notice in writing and sent it to the de-
fendant. That would have closed the contract
undoubtedly. Then suppose on the next day
he had written a request that the performance
be delayed until the 28th of June. That would
not have been a repudiation of the contract. It
would have been a mere request for an exten-
sion of time. The defendant could not have
treated the contract as broken for that reason.
He could have enforced it notwithstanding this
request. The mere fact that the acceptance and
the request are in juxtaposition, standing in
the same sentence, united by a conjunction, does
not change their character or legal sense.”
97 SOUTHEASTERN REPORTER (N.C.
in his last message he refers to the accept-
ance as constituting an order for the 10,000
pounds of yarns.
[2] The second position of the defendant
is equally untenable. If there is suflicient
evidence to show a custom to follow up the
telegraphic acceptance with a confirmatory
letter, it was intended, of course, merely as
a precautionary measure to provide against
a possible mistake in transmission by the
the evidence to be as the defendant construes
it, When the plaintiff testified that “this is
the invariable custom of companies manu
facturing yarns,” which immediately follows” -
his allusion to the one instance where he fail-
ed to mail such a letter, when the defend- —
ant requested such a letter and it was sent.
at its request, he was evidently referring to
the custom of the defendant, when there had
been such an omission on the part of its cu oe
tomer, to call attention to it and request tha
the letter be sent. If he had been referring —
to a custom of the customer to follow the @ ae
ceptance with a confirmatory letter, he would
not have used the words the “custom of com:
panies.” This, we think, is the natural an
reasonable construction as the record now
stands. There may have been ellipses, but”
complete, a request that a formal contrat
be drawn up embodying the terms of the.
agreement is immaterial.” 9 Cyc. 291. The:
object of such a custom, if it existed, wat
to avoid any mistake in the terms of t 1e,
contract, and not for the purpose of finally.
settling the terms by a formal writing. This
is the clear distinction as we understand it.
9 Cye. 280. In the case at bar the terms of
the contract are not the subject of dispute,
but only their meaning. 4g
A similar question was presented recently
in Billings v. Wilby, 175 N. C. 571, 96 S: B
50, where the parties had been negotiating
‘about a contract, and finally agreed on the
terms, but plaintiff wired his acceptance as
follows: “Night letter received. Will ac-
cept. Send contract signed at once;” and it
was held that the words, “Send contract
signed at once,” did not prevent the comple-
tion of the’ contract by the formal accept
ance in the same message. Justice Hoke
said, when referring to the final words of
the message of acceptance: :
“This, by correct interpretation, meaning
merely that it was the desire and preference 0
the plaintiff that the agreement they had made
should be written out ‘and formally signed by
the parties; and it is the recognized position
here and elsewhere that, when the parties have
We repeat that the facts in this case are | entered into a valid and binding agreement, the
contract will not be avoided because of their
stronger in favor of the plaintiff than were
ea : nae intent and purpose to have the same more for-
those in the cases cited in favor = the rere mally drawn up and executed, and which pur
who accepted the offer; for the language} pose was_not carried out;” citing Gooding %
here clearly imports an intention to accept | Moore, 150_N.
C. 195, 63 S. BE. $95; Teal v.
149 N. C. 32, 62 S. B. 727; Sanders
absolutely, and in addition, and without any | ‘Templeton, i : 73 San
alteration of the acceptance In the least, to N 5 ar 4 ane ei ee bby Re
make another offer cr proposal to buy other Clark ov Contracts (2d Ed.) 29, and authorities
yarns, and the defendant so regarded it, as | cited.
electric telegraph. We do not understand +,
this does not appear. “If the acceptance is”
De ee a
N.C.
C.) é STATE v.
But the principle is stated with
more direct
reference to the facts of our case in Gooding
v. Moore, supra, where we held: *
“When the parties t
O an oral contract con-
template a subsequent reducing it to ariiee
ass matter of convenience and prudence and
Se ee ioe precedent, it is binding upon
‘ their intent to formally ex
) the agreement in writing was never effectuated.”
Our conclusion is that the ca
OF ion se falls easil
within the principle stated in the books
oko the legal effect of such transactions,
“The acceptance of an
I ‘ ( offer must b:
a pen with the terms of the “s- e
ot rt been expressed, ‘an acceptance, to be
sty at cle aie ee and correspond
t er falling within i
beyond the terms . + mecdae
5 nS proposed, but exactly meeti
igs 3 aH points re closing with ear face
h and, nless this is so, there i 1
ae of minds and expression of one PAs the
- ae EP the wate eck intention expressed
) of t arties is either doubtful in it-
oes or is different from that of the other, “Phe
pov nes of the parties must be distinct and
ymon to both.” Clark on Contracts (2d Ed.)
ph, 27, 28.
n acceptance by promise or act,
; A » an i
aes thereof when neeessary, shile en
oer I aes ot _- ~— changes the char-
r. It supplies the elem
tpg ti and consideration, changing rowed
enna gang Re ty and the offer cannot
fi revoked without the acceptor’
consent. Where the agreement i ote hp
acceptance, a new pro posal t oi res sg et
ther party has no effe , Seen
the: ct on the agreement
~s is accepted and thus becomes a new tera
uted agreement.” °9 Cyc. pp. 283, 284
? ° ,
The correspondence took pla
middle of October, 1916, BE petites wept
plains that the plaintiff did not insist upon
performance of the contract to deliver 10,000
tp nor refer to the matter after its
ast message, until December 1, 1916; but in
. SPENCER 155
to buy more yarns of
a different n
en gee had them for sale. ee
e contract was clearly ex
Xpressed, and
ps err os by the acceptance of plain-
. ot affected by the new
which was added toit. J ingens
. . Judgment will there-
het entered below for the plaintiff shard:
poh the stipulation of the parties appearing
ve e record, unless there is meanwhile an
jJustment between them as to debt d
costs. Reversed. i
—=—=
s (176 N. C. 709)
STATE v. SPENCER. (No. 346.) |
(Supreme Court of North Carolina. Oct.) 30
. ’
1. WITNESSES €=>252—UsE oF MAP
A map of the premises may be used by wit-
ness to explain his i y j
om hoe testimony so that the jury
2. CRIMINA c=
2 NAL Law : 2 EVIDE
STAREMENT oF Fact. a ee
e instantaneous conclusi
é sion of th i
Abed sengh te and conduct of a Poe rag
é 1 4 house, as derived fro y
tion, is admissible as statement of spe ee
3. CRIMINAL Law €==112 AL—
—— OF Sines oe nee
_Sustaining objection to i
A question, ans
mn Netans have been unfavorable to defend.
ee Dot e complained of, there having been
nes owing of what answer would have bees
. CRIMINAL >
ae LAW €=453—Evipence—IpeEn-
Witness could ‘gi i
give her impressi
bite a she saw that the person ee ew ~e
defendant, having known him before —
5. WITNESSES ¢=>414(2
Prion STATEMENTS. ee es
Peek Seteporaaes of testimony, it is compe-
ort ie ae had made to others state.
i i , is by his
parity they rote s testimony, and this by his
this connection it appears that a contract for 6. HoMICIDE 170-1 OOTPRINTS—"‘RE Ev-
AL
tog was then pending between the parties
. n the course of performance, and the
ew contract was not to be performed until
IDENCE.”
As evidence of identity of defendant in hom-
icide, testimony of the fitti i
4 I tin f i
footprints is competent; ihietbaing area
the ¢ i i
ompletion of the deliveries under the | dence, as called by the civilians
pending agreement, which took place the Ist |7
of December, when inti
aoe 2 plaintiff called for th
deliveries under the contract of Gefisbir:
7. CRIMINAL LAw €==407
t 7(1)—Bv YCE—
LENCE ON ACCUSATION, ie Spee Pisa
Evidence of silence of. defendant when a
This full <plai
y explains the delay, and f statem i
4 3 urther 4 ent, equivalent to a charg
Mauifests plaintiff’s clear understanding of mitted the murder, was ade oe i oe
plaintiff wrote to the defendant about the 1st | i
the ag oe
sreement. It may further be said that bie Fh pide yell ee
g allowed to testif
: stify that
} 0 L it, and the cour -
ng if this was so it should not be Comune
and
on the 16th of December, asking for the | WS properly admitted as some evidence of the
shipment of the yarns, and received no reply
fact.
to either i
letter, and received none at all, un- 8. CaitinaL Law €=9339 — Evipence ‘or
der third letter was mailed the last of the
- Why the defendant was thus Silent
by + ke erg cho IN REFORMATORY.
mission of evidence of defendant having
been in the reformatory, it being restricted to
1s not explain y v tl
xplained by the evidence, th i
phe e, though the the purpose of identification, and witnes i
ket price of cotton was risin ll the | fying the person she saw a SA rv ‘eas
time as it appears. It is stran
ars. ange tha
— said nothing when urged to ait es
A mgs = was not ifable on the contract.
ia ral impulse would have been to deny
ce that the contract was ever made.
d
in
the de dosent Cyrer competent to show that
efendant was t only person of the name
who had been confined there.
9. CRIMINAL LAW €=351(10)—ConTRADICTION
OF ACCUSED,
Defendant's contradictory statements and
he expre ’ i
pression in. plaintiff's telegram of evidence by others that he was not at the place
October 17, 1916, “Wire immediately,” refer-
whe re, W hen he w as acc used, he stated he w as
1¢
at the time of tk e crime, 18 admissible as evi
red clearly to his new and independent offer
dence of his guilt.
@=>For ofher cases <ee same topic and KEY
-NUMBER In all Key-Numbered Digests and Indexes
H
©
o
ay
‘o
o
e
@
ro]
‘e
a
es
8)
Q
al
se
@
he
@
Q
e
=a
©
2
*d
~~ |
~
E
a
:
&
—
nm |
©
e
pa
co
®
OF ¢£ LAMA
“
ivy
UUMIVERS
Cy Ce 4
Tog
ea ih A aa ads
iY OF aa came
partes
sch
LOF U+¥:
oOo
760 NO. 57 SOUTH EASTERN R
sion appears here. The challenge to the
array was properly overruled on the find-
ings made by the trial court, which are
amply supported by the evidence and are
without sufficient challenge under the rules.
[3] We omit any recitation of the evi-
dence in the case as it is of a sordid na-
ture. Moreover, it has heretofore been
sufficiently set out and its challenge by de-
murrer ruled upon. The motion for judg-
ment as in case of nonsuit was properly
overruled. State v. Speller, 230 N.C. 345,
53 S.E.2d 294.
The exceptions to the charge are feck-
less and are patently without merit. They
are not sustained, The court was careful
to call to the attention of the jury Chap.
299, Session Laws 1949, providing that “if
the jury shall so recommend at the time of
rendering its verdict in open court, the
punishment [for rape] shall be imprison-
ment for life in the State’s prison, and the
court shall so instruct the jury.” Notwith-
standing the instruction, the jury did not
see fit to make such a recommendation.
On the record as presented, the verdict
and judgment will be upheld.
No error.
231 N.C, 477
HENRY v. A. C. LAWRENCE
LEATHER CO. et al.
No. 21.
Supreme Court of North Carolina.
March 1, 1950.
Proceeding under the Workmen's Com-
pensation Act by Charles Henry, employee,
opposed by A. C. Lawrence Leather Com-
pany, employer, and its insurance carrier,
Security Mutual Casualty Company, for com-
pensation for alleged occupational disease.
‘he Superior Court, Haywood County, Dan
K. Moore, J., affirmed the award of the Full
EPORTER, 2d SERIES
The Supreme Court, Ervin, J., held that a
dermatitis resulting from contact with gloves
made of commercial rubber which is a def-
inite and solid substance was not “due to
irritating oils, cutting compounds, chemical
dust, liquids, fumes, gases or vapors” as
provided in the act.
Judgment reversed.
1. Workmen’s compensation ©1339
In proceedings under Workmen’s Com-
pensation Act the claimant has burden of
proving that his claim is compensable. G.S.
§ 97-52.
2. Administrative law and procedure ©€=787,
788, 793
Workmen’s compensation ©1939
Fact-finding authority is vested in the
North Carolina Industrial Commission
which is the sole judge of the truthfulness
and weight of the testimony of witnesses,
and such findings of fact are conclusive and
binding upon appeal to the courts if sup-
ported by competent evidence. G.S. § 97-
52.
3. Administrative law and procedure ©=788
Workmen’s compensation ©1939
In passing upon an appeal from an
award of the Industrial Commission, the
reviewing court is limited to the questions
of whether there was any competent evi-
dence before the Commission to support
its findings of fact, and whether or not
such findings of Commission justify its
legal conclusions and decision. G.S. §§
97-52, 97-53, 97-84.
4. Workmen’s compensation ©=547
The North Carolina Workmen’s Com-
pensation Act does not cover all occupa-
tional diseases, but makes compensable dis-
ablements or deaths resulting from a limit-
ed number of occupational diseases as desig-
nated in the Act. G.S. § 97-52.
5. Workmen’s compensation €=549
A dermatitis resulting from contact
with gloves made of commercial rubber
was not “due to irritating oils cutting com-
pounds, chemical dust, liquids, fumes, gas-
Commission on the ground that the Act €S, Or vapors” as required in statute pro-
was sufficiently broad to cover occupational viding for compensable occupational dis-
HENRY y, A. C,. LAWRENCE LEATHER CO.
Cite as 57 S.E.2d 760 : sae wat
6. Workmen’ i
orkmen’s compensation €=53 which he was totally disabled for the period
i cf ee ee a. from April 5, 1948, to July 12, 1948.” The
iberally construed to Hearing Commissi
Keg end that the benefits thereof should not that “the lite Gen nn pie
be denied upon technical, narrow and strict held that the provisions of eo Wen
pel ieee the rule of liberal construc- Compensation Act should te Somat
i i :
on can not be employed to attribute to a liberally in awarding sci tpitient ‘had
concluded as a matter of law on the basis
of his specific finding of fact that the
thirteenth subdivision of GS. § 97-53 “is
sufficiently broad to cover an occupational
ee dermatitis caused by wearing rubber gloves
is is a proceeding under the North Which are a chemical compound which was
Carolina Workmen’s Compensation Act in OFiginally chemical liquids, gases, or vapors
which the plaintiff, Charles Henry, secks @"d which had become solidified” and
compensation from his employer, A, C, awarded plaintiff compensation “for emo
Lawrence Leather Company, and its in- tary total disability for the period from
pose carrier, Security Mutual Casualty April 5, 1948, to July 12, 1948,”
ei ets: alleged occupational dis- The award of the Hearing Commissioner
: p ies concede that they are was reviewed by the Full Commission on
ound by the provisions of the Act. the appeal of the defendants, and the Full
The plaintiff offered testimony before the Commission adopted as its own “the find-
Hearing Commissioner tending to show ings of fact, conclusions of law, and the
that he handled “green hides” saturated @Watd of the Hearing Commissioner.” The
with lime water in performing his work 4¢fendants thereupon appealed from the
ES the tannery operated by his employer; Full Commission to the Superior Court
Shas in so doing he protected his hands 22d the Superior Court entered fuicleiclinaet
from injury by the lime water by wearing affirming the conclusions of law and award
gloves, which were furnished by his em- Of the Full Commission. The defendants
ployer for the purpose and which were ¢XCepted to this judgment, and ‘appealed
=e of commercial rubber, a definite and therefrom to this Court, assigning errors.
Solid substance produced b ini i
natural rubber at nage sister Bh Bi Sea Gah pasate ac
which were gaseous or liquid in form at
certain stages in the process of manufac-
rao although he was unaware of the
act, he was allergic “to all
ber” and “to nia ither iar sail PRY See
hatin ecmegachies. ‘the “caseais ok his The following rules are well settled in
hands and the gloves caused a dermatitis, ‘°SPcCt t© Proceedings coming within the
i. ¢., an inflammation of his hands and purvicw of the North Carolina Workmen's
arms, which totally disabled him to work Compinesiat fect :
during the period from April 5, 1948, to [1] 1. The claimant has the burden of
July 12, 1948, proving that his claim is compensable un-
The Hearing Commissioner made gen- et the Act. Bolling v. Belk-White Co
eral findings of fact conforming to this 223 N.C. 749, 46 S.E.2d 838; Hayes v.
testimony and this additional specific find- Board of Trustees of Elon College 224
ing: “That as a result of wearing the rub- N.C. 11, 29 S.E.2d 137; Gassaway v. Gas-
ber gloves above mentioned the plaintiff S¢way & Owen, Inc, 220 N.C. 694, 18
became sensitive to said solidified chemical S-E.2d 120; McGill v. Town of Lumberton
compounds contained in the rubber gloves 215 N.C. 752, 3 S.E.2d 324, ;
——_o—___.
Morgan & Ward, Waynesville, for de-
fendants, appellants.
dermatitis caused by wearing rubber gloves.
eases. G.S. § 97-53.
and as a result of wearing them suffered a
dermatitis of the hands and arms, from
57 S.E.2d—48%
; [2] 2. Fact-finding authority is vested
in the North Carolina Industrial Commis-
ay
eis
palate alas EAL
2
ry
Hisehy
bade metetet telat cle alee
MESES Hag tdsat Gein nk ah
tt
PRB Aa tet’
PEBIADS penee
x
»
sg hee
thighs
figegebedssthcesatgr it sc gnats hess
{o2eiizt
Seen eg i!
994 65 SOUTHEASTERN REPORTER. (N.C
by the defendant or his counsel. C. Phillips,
for the prisoner, declined making any ad-
mission, and, the formal proof not being
complete, Lord Abinger, C. B., directed an
acquittal.”
In Weisbrod v. Chicago & N. W. Ry. Co.,
20 Wis. 421, the court, in speaking of ad-
missions by an attorney at a former trial,
said: “Such admissions are frequently made
for the purpose of saving time, where coun-
sel are confident of success upon some other
points; and, when so made, they are always
understood to have reference to the trial
then pending, and not as stipulations which
shall bind at any future trial. Such was
the character of the admission proved, and
the court erred in receiving it as evidence of
the amount of damages to be recovered by
the plaintiff upon a new trial.” In speaking
upon the same subject, the Supreme Court of
Illinois, in Hardin v. Fosythe, 99 Il. 312,
sald, at page 824: “The admission was made
only on and for the trial at the time it was
made, and could not be used on a subsequent
trial without the consent of defendants.” In
People v. Garcia, 25 Cal. 531, the court, in
passing upon the ruling of the trial court,
receiving as evidence, without objection, ad-
missions made at the commencement of the
trial, said: “The admission was a solemn
admission of record of a fact at the commence-
ment of the trial, and for the purpose of the
trial, by the prisoner's counsel in open court,
in his presence, and we must presume with
his consent.” People vy. Hobson, 17 Cal. 424;
Wilkins v. Stidger, 22 Cal. 232, 83 Am. Dec.
G4. In Guy v. Manuel, 89 N. C. 83, the ad-
mission under the consideration of the court
was an admission in the answer filed in the
action, and this court quoted with approval
the following language from Taylor on Ev.
§ 700 (772): “The admissions of attorneys of
record bind their clients in all matters re-
lating to the progress and trial of the cause.
In some cases they are conclusive, and may
even be given in evidence upon a new trial,
though previously to such trial the party
give notice that he intends to withdraw
them, or, though the pleadings be altered,
provided the alterations do not relate to the
admissions. But to this end they must be
distinct and formal, or such as are termed
solemn admissions, made for the express
purpose of relaxing the stringency of some
rule of practice, or of dispensing with the
formal proof of some fact at the trial.” In
Cutler v. Cutler, 130 N. C. 1, 40 S. E. 689,
57 L. R. A. 209, 89 Am. St. Rep. 854, this
court held that an admission of fact, made
to prevent a continuance for the absence of
a witness, cannot be used in a subsequent
trial; the witness then being present. “As
the reason ceased, the admission should have
ceased.” The error in admitting this evti-
dence was not cured by the charge of the
judge to the jury, leaving {it to the jury to
determine the extent and purpose of the
admission. ‘The learned judge should have
excluded the admission of the defendants’
attorneys made under the circumstances, and
testified to by the witnesses.
The record of the trial, as presented to
this court, contains the fellowing: “The
state offered in evidence a duly certified
copy of the opinion of Judge Anderson. Jus
tice of the Supreme Court of the District
of Columbia, in the case of Richard McLis)
et al. v. Leslie M. Shaw, Secretary of
Treasury of the United States, et al.
defendants had offered evidence tending
show that this suit had been brought toe
join the payment of the fee allowed to Mans
field, McMurray & Cornish by the said cit
zenship court, and the said opinion offered
was the opinion of the court disposing
said application for an injunction. The op
ion is copied in full, and concludes as fo-
lows: “An order to that effect will be signed
by the court.” This opinion was not the
formal judgment of the court. It contained
the reasons moving the judge to render the
judgment ordered to be prepared. It was
not a part of the record proper. The libel-
ous publication charged in the indictment
contained the accusation against Judge
Adams of receiving, with the other members
of the Choctaw and Chickasaw citizenship
court, part of the fee of $750,000 allowed by
said court to said firm of attorneys, and to
enjoin the payment of which, by the Secre
tary of the Treasury of the United States,
the suit of Richard McLish et al. v. Leslie
M. Shaw, Secretary of the Treasury of the
United States, et al. had been instituted and
disposed of by the Supreme Court of the
District of Columbia. In the opinion of
Judge Anderson he disposes of the question
of fraud, upon the ground that the averments
of the facts were not sufficiently or properly
stated in the bill, and, further, expressed
the opinion that, while the power to fix the
attorney’s fee had been by the act of Con-
gress vested in the Choctaw and Chickasaw
citizenship court, and he was concluded by
its finding and judgment in the matter, he
gives it as his opinion that the fee allowed
was yery reasonable. The opinion of the
judge being incompetent as evidence. this
extract from it shows that it was prejudicial
to the defendants at the trial, and should
have been excluded from the consideration
of the jury. The defendants were not par-
ties to that suit, nor does it appear that
they had anything to do with it. “The office
of a judicial opinion, under the common-law
system, is to set out the grounds por
which a legal controversy is decided in favor
of one litigant and against the other, ard
incidentally to serve as a guide for deternut-
ing similar controversies in the future.” 6
Am. & Eng. Ene. 1065. The opinions of the
highest appellate court of a state are per
mitted to be used as evidence to ascertaitl
in the absence of legislative enactment, what
the law of another state fs, and the construe:
ition of its statutes and Constitution, when
the
r
N. GC.) STATE v.
these are pertinent, and in limited instances,
under legislative sanction, when they are re-
quired as advisory of public officers in the
discharge of their duties. Hancock v. Tel.
Co., 1837 N. C. 497, 49 S. E. 952, 69 L. R.
A. 403, and other eases. In these instances,
and possibly in a few others, the opinions of
a judge delivered in a judicial, or quasi ju-
dicial, proceeding may be used, but none of
these sanction the use of them as evidence
in a case like this. If the opinion offered
had been written by the court, of which
Judge Adams was a member, or written by
him, or concurred In by him, other principles
of the law of evidence would have applied.
For the errors pointed out, the defendants
are entitled to a new trial.
(151 N. C. 676)
STATE v. SPIVEY.
(Supreme Court of North Carolina. Nov. 3,
1909.)
1. CRIMINAL LAw (§ 1178*)—-APPEAT AND ER-
ROR—ABANDONMENT OF FXCEPTIONS. 7
Under Sup. Ct. Rule 84 (140 N.C. 666, 538
S. E. ix), exceptions not mentioned in appel-
Jant’s brief are abandoned; the rule applying to
criminal as well as civil actions.
{Ed. Note.—For other cases, sce Criminal
Law, Cent. Dig. §§ 8011-8013; Dee. Dig. §
1178.*]
2. CRIMINAL LAW (§ 386*)—EVIDENCE—TRAIL-
ING BY BLOODHOUND.
Evidence of the conduct of a bloodhound
used by witness the day after the homicide in
tracking defendant is admissible as corrobora-
tory evidence after the state has by testimony
brought it within the rules laid down by the
Supreme Court.
[Ed. Note.—For other cases, see Criminal
Law, Cent. Dig. §§ 768, 875; Dee. Dig. § 380.4]
3. CrnunxaL LAw (§ 366%) —“REs GEsT.£” —
DECLARATIONS OF DECEASED.
SPIVEY. 995
5. CRIMINAL LAW (§ S29*) — INSTRUCTIONS —
REPETITION. ‘
Instructions prayed for need not be given.
The jury have been fully and properly instruct-
ed on the matter coutained therein by the court's
charge.
{Ed. Note.—For other cases, sce Criminal
Law, Cent. Dig. § 2011: Dec. Dig. § 829.*]
6. HoxicipE (§ 308*)—CHARGING Aas TO DF-
GREE.
The evidence showing that the bomicide
was done only in one of two methods, by lying
in wait, or in attempt to commit arson, and
Revisal 1905, § 3631, making the crime, if com-
mitted in either method, murder in the first de-
grec, it is proper to charge that the verdict must
be either guilty of murder in such degree, or not
guilty; section 8271, providing that the jury in
a murder case shall by their verdict determine
the degree of murder, not giving them a discre-
tion in the matter.
[d. Note.—For other eases, see HH micide,
Cent. Dig. § G44; Dee. Dig. § 303.*]
Appeal from Superior Court, Bladen Coun-
ty: W. J. Adams, Judge.
Henry E. Spivey was convicted of murder,
and appeals. Affirmed.
The defendant was indicted for the mur-
der of Frank Shaw, his father-in-law, on the
night of December 10, 1908, tn Bladen coun-
ty, and upon his plea of not guilty was tried
and convicted. of murder in the first desree.
and from the sentence of death pronounced by
the court he appeals to this court.
The immediate circumstances of the homi-
cide are detailed in the testimony of Eu-
genia Shaw, the wife of the deceased, as fol-
lows: “Frank [the deceased] was hauling
cotton to Mr. Nance’s. He came that evening
about dusk. There was a walking around
the house and noise under the house and the
doz cot after it. I doen't know just what time
it was. It was late bedtime. First thing I
heard was a walking around the house like
somehody under the house, and the dog got to
Declaration of deceased to his wife imme-
diately after he was shot that defendant shot
him, that he saw him, is admissible as part of
the res geste.
[Ed. Note.—For other cases, see Criminal
Law, Cent. Dig. §§ 806. 811, 814, 819, S20,
1441-1450; Dec. Dig. § 366.*
For other definitions, see Words and_Phrases,
vol. 7, pp. 6130-6186; vol. 8, p. TT8T.J
4. CrminaL Law (§ 730*)—TrRIAL—MIscon-
pucT OF SonicrtToR—Correction BY Court.
The solicitor, at the close of the testimony |
of the last witness examined for the state. ten-
dered to defendant several witnesses, including |
defendant’s wife. for examination; and, on ob-
jection by defendant to tender of his wife, with-
drew the tender, saving he found her name
emong the witnesses for the state, and thought
it his duty to tender her to him, but that he
would not tender her to him if he did not wish
to examine her, Meld. that while his tender,
with the remark made by him. was improper,
the error was cured by the court charging that
defendant's wife was not a competent witness
against him. and that her testimony could not
be used against him, and that the jury should
disreeard the tender, and that it conld not be
used as a eircumstance against defendant,
[Ed. Note.—Vor other cases, see imina]
Law, Cent. Dig. § 1605; Dec. Dig. § T50.*]
“kor other cases see sume Cop and secticng NUMBER
baying it. Frank got up and went out. The
| gun fired. Me and mr daughter {the wife of
tie prisoner} went out about a minute or
| two after the gun fired. Just as soon as we
heard the gun fire, we went out. Frank
lwas down on his hands and knees at the cor-
ner of the house, struggling in blood.” Dr.
Clark was called in that night. and said:
The lond of shot took effect in the face,
tonzue, and throat of the deceased. Both
eyes were shot out, and the gun wis fired
from a point in front of the dev eased. That
he found the tracks of the murderer at the
corner of the house, and under the house a
chamber partly tilled with kerosene oil and
shucks, and indications of a lighted match
that went out. That it was a moonlight
night. It was in evidence that the ve sse]
belonged te the prisoner's wife, and wus last
| seen at her house. That prisoner's wife was
ja daughter of the deceased, a d had separat-
ed that day from him and returned to her
futher’s. That prisoner called at the gate
ng his wife
|
during the afternoon, and e:
& Am. Pips. loc? to date, & Rey ter Indexes
mM
a?)
:
KK
“
a
5
ba
~~
ox
be
>
Q
oo
‘é
E
ish]
@
Qu
=
)
|
et
a
©
it]
pe
.]
_
wwe
=]
pe)
-“-,
to
bee
@
Q.
7)
He}
—
we
Ww
>
Mh
i
—
Se)
—
&
Lee ecw liagE
ine pa eign
oY b
“A
998 65 SOUTHEASTERN REPORTER. (N.C.
opinion from the evidence that some person
other than Ifenry Spivey either committed
or might reasonably have committed, the
murder, Henry Spivey uot being present,
aiding, and abetting, then the jury must re
turn a verdict of not guilty.” We have care
fully examined the charge of the learned
judge, and in our opinion the instructions
given by him upon the matter contained in
this prayer were as fully responsive to the
request as the prisoner was entitled, and the
jury fully and properly instructed by him.
The judge was not obliged to instruct in
the very words of the prayer. Tus is weil
settled. State v. Booker, 123 N. C. 713, 31S.
B. 376, and cases cited.
Assignments of error 15, 16, 17, 18, and 19
are to the charge of the court that there was
no evidence upon which the jury could con-
vict the prisoner of manslaughter or of mur-
der in the second degree; that the verdict
should be guilty of murder in the first degree
or not guilty. His honor instructed the jury
that, “before you can convict the prisoner,
you must be satisfied beyond a reasonable
doubt upon all the evidence that the deceas-
ed was shot, and that the wound so inflicted
caused the death of the deceased, and that
the prisoner is the man who did the shoot-
ing, and, unless you are so satisfied of each
one of these circumstances beyond a reason-
able doubt, you will return a verdict of not
guilty. If, however, you are satisfied be-
yond a reasonable doubt upon all the evi-
dence that the prisoner, on the occasion re-
ferred to, went to the house of the deceased
and lay in wait for the deceased and that the
deceased went into the yard, and that there-
upon the prisoner shot the deceased, and that
the wound so inflicted caused the death of
the deceased, you will return a verdict of
murder in the first degree. If you find from
the evidence beyond a reasonable doubt that
the prisoner for the purpose of burning the
dwelling house of the deceased, and while in
the attempt to perpetrate such arson, the
prisoner shot deceased, and the wound thus
inflicted caused the death of the deceased,
you will return a verdict of murder in the
first degree.” These assignments of error
again present directly for our determina-
tion whether upon the trial of a prisoner in-
dicted for murder in the first degree and the
evidence discloses the homicide committed
by lying in wait, or in an attempt to perpe-
trate a felony, or by poisoning, or starvation,
or imprisonment, the court can charge the
jury that there is no evidence of murder in
the second degree or manslaughter, and their
verdict will be either guilty of murder in the
first degree or not guilty. In the present
ease the murder was committed by lying in
wait, or in the attempt to perpetrate the
crime of arson. There was no evidence from
which the jury could have found murder in
the second degree or manslaughter. So
sharply was this the contention between the
state and the prisoner, that the record does
not disclose any prayer from the learned
counsel of the prisoner presenting the view
of murder in the second degree. The only
inference that could have been drawn from
the evidence was that a murder in the first
degree by lying in wait or attempting to per-
petrate arson had been committed; and, if
the prisoner was the criminal, then his crime
was murder in the first degree. In State
vy. Gilchrist, 113 N. C. 673, 18 S. E. 319, the
first case coming before this court in which
the act of 1893, now sections 3631, 3271, Re-
visal 1905, was construed, the evidence
tended to show that prisoner killed the de-
ceased by waylaying the road on which the
deceased was returning from his work at
night; that the prisoner concealed himself
behind some trees on the side of the road,
and killed deceased with an axe as he was
passing. The trial judge instructed the jury
that the prisoner was guilty of murder in
the first degree or not guilty. This court,
Machae, J., writing the opinion for a unan-
imous court, said: “There was no evidence
on which to warrant a verdict of murder in
the second degree or of manslaughter. The
evidence, if believed, would warrant only a
verdict of guilty of murder in the first de-
gree.”
In State v. Rose, 129 N. CG. 575, 40 S. E. 83,
the deceased was shot and killed by the
prisoner from ambush, as the deceased and
a friend were riding along a road in a buggy.
The trial judge instructed the jury that they
must return a verdict of guilty of murder in
the first degree or not guilty. This court,
without dissent, sustained the charge, and
said: “All the evidence tends to show that
the killing was done by some one ‘lying in
wait,’ which comes expressly within the
statutory definition of murder in the first
degree. There was no evidence of an alter-
cation or a killing under any other circum-
stances. If the prisoner was the man who
fired the fatal shot, he was guilty of murder
in the first degree, and, if this was not shown
beyond a reasonable doubt, the jury should,
and the judge’s charge would, have acquit-
ted the prisoner.” In State v. Dixon, 131 N.
C. 808, 42 S. E. 944, the deceased was shot
by some one lying in ambush along the road.
The trial judge instructed the jury that they
should return a verdict of murder in the
first degree or not guilty. This court in a
unanimous opinion said: “The judge proper-
ly told the jury that they should return a
verdict of murder in the first degree or not
guilty. All the evidence tended to show &
killing by shooting from ambush, and there
was nothing to contradict this, and the sole
question, if the evidence was believed, was
simply whether the prisoner was beyond all
reasonable doubt the slayer. State v. Rose,
129 N. C. 575, 40 S. E. 83. We find no error
in the judge’s charge in any of the matters
excepted to.” These three cases are the only
cases presented to this court since the act
N.C.) STATE v.
of 1893 where the evidence showed that the
homicide was committed by lying in wait,
and in each, on appeal, this court sustained
the charge of the trial judge that the jury
must find the prisoner guilty of murder in
the first degree or not guilty. This same
charge was given by the learned judge who
tried the present case. In State v. Lochlear,
118 N. C. 1154, 24 S. E. 410, the majority of
this court (Clark and Montgomery, JJ., dis-
senting) held that there was some evidence
from which the jury could have inferred that
the homicide was committed by other means
than lying in wait, and disapproved the
charge by the trial judge “that there was no
evidence of murder in the second degree in
the case now on trial,” and granted a new
trial for this error. In State v. Covington,
417 N. C. 834, 23 S. E. 337, the evidence dis-
closed that the deceased was shot and killed
in the nighttime in his store where he slept
by the prisoner while burglarizing the store,
and the facts attending the killing were
shown by the confessions of the prisoner.
‘The trial judge charged the jury that, if they
were sutisfied beyond a reasonable doubt of
the prisoner's guilt, their verdict would be
murder in the first degree; that there was
no evidence of murder in the second degree
or manslaughter. The prisoner, being con-
victed of murder in the first degree, appealed
and this court sustained the charge, saying:
“The charge is correct if there is no evidence
of murder in the second degree or manslaugh-
ter.” All these cases were instances of mur-
der committed in one of the specific ways
inentioned in the statute, and therein declar-
ed to be murder in the first degree. When-
ever the evidence discloses that the crime
committed is murder—that is, the intentional
and unlawful killing of a human being, and
the evidence further discloses that the mur-
der was done in one of the specific ways
named in the statute—then it is murder in
the first degree. State v. Banks, 143 N. Cc.
652, 57 S. E. 174; State v. Stitt, 146 N. CG
643, 61 S. EB. 566, 17 L. R. A. (N. S) 308;
State v. Geo. W. Daniels, 184 N. C. 671, 46
S. E. 991, and cases cited, supra. In this
class of murder the law imputes malice, and
premeditation is necessarily presumed. In
State v. Thomas, 118 N. C. 1121, 24 S. E.
433, 434, this court said: “The word which
distinctly marks the two degrees is ‘pre-
meditate’; and, further: “Where the kill-
ing is not done by lying in wait, poisoning,
or in any of the specific ways pointed out
in the statute, and the test of its classifica-
tion as murder in the first degree is the
question whether there has been premedita-
tion and deliberation, the prosecuting officer
cannot rest the case for the state upon proof
of the previous existence of actual malice.”
The only decision of this court that is not in
harmony with the cases cited, and the law
upon this question as we declare it to be, is
the case of State v. Gadberry, 117 N. C. 811,
Ka
Nor
SPIVEY. 999
23 S. EB. 477. The evidence in that case
showed in its only aspect that a murder was
done and it was done in an attempt to ab-
duct the deceased—a girl under the age of
14 years—abduction being made a felony by
our law. Revisal 1905, § 3358. The trial
judge, one of the present Jearned associate
justices of this court, charged the jury that,
if they believed the evidence beyond a rea-
sonable doubt, the crime of the prisoner was
murder in the first degree. This court, on
appeal, decided by a divided court that this
charge was erroneous. We do not think that
case upon the evidence well decided. There
was no evidence upon which the judge below
could have predicated a charge of murder
in the second degree or manslaughter, nor
was there any evidence from which the jury
could have fairly deduced the crime of mur-
der in the second degree or manslaughter.
After a careful review of the decisions of
this court and a critical examination of the
statute (Revisal 1905, §§ 3631, 3271), we de-
duce the following doctrine: Where the evi-
dence tends to prove that a murder was
done, and that it was done by means of poi-
son, lying in wait, imprisonment, starving,
torture, or which has been committed in per-
petration or attempt to perpetrate any arson.
rape, robbery, burglary, or other felony, and
where there is no evidence and where no in-
ference can fairly be deduced from the evi-
dence of, or tending to prove, a murder in
the second degree or manslaughter—the trial
judge should instruct the jury that it is their
duty to render a verdict of guilty of murder
in the first degree, if they are satisfied be-
yond a reasonable doubt, or of not guilty.
If, however, there is any evidence, or if any
inference can be fairly deduced therefron).
tending to show one of the lower grades of
murder, it is then the duty of the trial
judge under appropriate instructions to sub-
mit that view to the jury. It becomes the
duty of the trial judge to determine, in the
first instance, if there is any evidence, or if
any inference can be fairly deduced there-
from, tending to prove one of the lower
grades of murder. This does not mean any
fanciful inference tending to prove one of
the lower grades of murder, but, considering
the evidence “in the best light” for the pris-
oner; can the inference of murder in the
second degree or manslaughter be fairly de
duced therefrom. When the evidence disclos-
es a murder in one of the specific methods
which by the statute is made per se murder
in the first degree, “the state is not required
to prove premeditation, because the manner
of doing the act necessarily involves pre
meditation, unless the prisoner is mentally
incapable of deliberation or doing an inten-
tional act. The jury must, of course, be in-
structed that they must be satisfied beyond a
reasonable doubt that the evidence brings
the murder within one of the specific meth-
ods mentioned in the statute; and that the
7
%:
erm msrusas nn
ts
eR
2
ASIDE
SES
a}
eee re ce HN NHS ALY LOTT TR EERE EET EAE LTE ELSES EEG MUSEU REE de
cea an titan i
SOCEM Re stabi
core agaeee
1000 65 SOUTHEASTERN REPORTER. (N.C.
prisoner perpetrated the murder, and that
the prisoner was mentally capable of commit-
ting the crime.” “Under the construction of
the statute by this court in State v. Gilchrist,
113 N. C. 673, 18 S. E. 319, and State v. Nor-
wood, 115 N. C. 789, 20 S. E. 712, 44 Am. St.
Rep. 498, the third section (now section 3271,
Revisal 1905) does not give jurors a discre-
tion when rendering their verdict to deter-
mine of what degree of murder a prisoner
is guilty. They must render a verdict ac-
cording to the evidence, and, believing a pris-
oner guilty beyond a reasonable doubt of
murder in the first degree, it is their duty
so to find, however much inclined to show
mercy, by rendering a verdict for a lesser
offense. Their obligation in that respect has
not been changed by the statute, and it is the
same that it was upon the trial for homicide
before its enactment, and the question was
whether the prisoner was guilty of murder
or manslaughter.” State v. Covington, 117
N. C. 834, 23 S. EB. 387. A careful reading
of the evidence in this case shows the murder
to have been done in one of only two ways,
to wit, by lying in wait or in the attempt
to commit arson; and, done by either method,
the statute makes the crime murder in the
first degree. In our opinion the trial judge
properly so instructed the jury.
Considering the momentous result to the
prisoner of our conclusion, we have given his
appeal the most careful thought, and declare
that there was in his trial no error.
acess
(161 N. C. 262)
CAMPBELL v. HUFFINES et al.
(Supreme Court of North Carolina. Nov. 11,
1909.)
1. PARTNERSHIP (§ 146*)—LIABILITY oF FIRM
TO THIRD PERSONS—ACTS OF PARTNERS.
A mercantile instrument given in the part-
nership name binds all the partners, unless the
person taking it knew or had reason to believe
that the partner who made it was improperly
using his authority for his own benefit, to the
prejudice, actual or potential, of his associates.
(Ed. Note.—For other cases, see Partnership,
Cent. Dig. §§ 242-255; Dec. Dig. § 146.*]
2. Estoppen (§ 72*) — FrauD — LIABILITY OF
PERSON MAKING INJURY POSSIBLE.
One putting it in the apparent power of
another to commit a fraud should suffer a loss
rather than a stranger, who has innocently and
in good faith relied on such apparent power.
[Ied. Note.—For other cases, see Estoppel,
Cent. Dig. § 188; Dee. Dig. § 72.*]
3. ParTNerstip (§ 34*)—EstorpreL To DENY.
One holding himself out as a partner or
allowing others to do so is estopped to deny the
character he has assumed, and on the faith of
which creditors may be presumed to have acted;
and hence where defendant signed articles of
copartnership stipulating that H.. his copartner,
should manage the business, do the buying, pay
the bills, make all contracts, sign all checks and
have entire control of the business, and gave
H. a duplicate of the articles, and permitted
him to keep it, when he could have had it de-
stroyed on determining not to proceed further,
and H. took it out of the safe in the place of
business, and showed it to plaintiff, who, know-
ing defendant’s signature, loaned money on the
faith of it within the time stipulated for the
duration of the partnership, defendant was lia-
ble for the loan.
(Ed. Note.—For other cases, sce Partnership,
Cent. Dig. § 49; Dec. Dig. § 34.*]
Appeal from Superior Court, Guilford Coun-
ty; Long, Judge.
Action by &. G. Campbell against D. R.
Huflines and another. From the judgment,
defendant Huflines appeals. Aflirmed.
The evidence discloses the following facts:
One W. H. Harp on May 23, 1903, applied to
plaintiff for a loan of $500. Harp was in the
retail whisky business in Greensboro, and
doing business in a building owned by de
fendant. Warp called plaintilf into his place
of business. The plaintiff at first declined |
to make the loan; that Harp was not con
sidered solvent. Harp took from his safe a
written coutract of partnership between him
and defendant, dated June 5, 1902, which,
among other things, stipulated that Harp
should manage the business, do the buying,
pay the bills, make all contracts, sign all
checks, and have entire control of the busi-
ness; that each of the partners was the own-
er of one-half; that defendant had loaned
Harp the money to buy a one-half interest
in the business of C. A. Miller & Co.; that
the business should be conducted under its
then name, C. A. Miller & Co., until July 1,
1902, and after then should be changed to
such name as might be agreed upon; that
the partuership should continue until July
1, 1903. Plaintiff testified: That he knew
the signature of D. R. Huffines, and, after
seeing the written agreement, loaned the mon-
ey and took a note signed Harp and Huflines.
That Harp told him the money was needed to
pay bills. That Huffines was out of town.
That the money would be repaid in a short
time. That $200 was repaid him by Harp by
check given him by Harp in the place of
business. ‘The defendant admitted signing
the contract of partnership; that on the next
day thereafter he decided not to proceed fur-
ther; that he agreed with Harp to cancel the
contract; that he tore up his copy and Harp
promised to tear up and destroy his copy;
that he did furnish Harp the money to buy
a one-half interest in the business of C. A.
Miller & Co. and took his note for $1,200, and
that Harp had paid him $700. The jury
found in response to issues submitted with-
out objection that the defendant and Harp
were partners at the time plaintiff loaned the
money, and that the defendant and Harp
were both indebted to plaintiff for the bal-
ance due. The defendant Huffines alone ap-
pealed from the judgment rendered on the
verdict. .
A. L. Brooks and Thomsom & Toyle, fo
appellant. John A. Barringer, for appellee
*Wor other cases see same topic and section NUMLER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes
N.C.) BOULDIN v. DANIEL. 1001
MANNING, J. We think the judgment of
the court below is sustainable by the appli-
cation of a few well-settled principles. The
first headnote (which the opinion sustains)
of Cotton v. Evans, 21 N. C. 284, declares:
“A mercantile instrument, given in the part-
nership name, binds all the partners unless
the person who took it knew, or had reason to
believe, that the partner who made it was
improperly using his authority for his own
benefit, to the prejudice, or in a way that
might be to the prejudice, of his associates.”
Again, it is declared in that opinion: “In
such a case there is a loss to fall on one of
two innocent persons; and the question is:
Which of them ouglt to bear it? Manifestly
he who intrusted the power. It was suscepti-
ble of abuse, and he knew that when he con-
ferred it. It is not in point of form exceed-
ed; and, if it has been employed for a differ-
ent purpose than that for which it was cre-
ated, that is a risk that must have been
seen and undertaken from the beginning.”
This case has been at this term cited with
approval in Powell v. Flowers and McPhail,
65 S. E. 817, in which other cases are cited
sustaining the same principle. The defend-
ant signed the articles of partnership, gave
Harp, his copartner, a duplicate original, per-
mitted him to keep it. Harp took it out of
the iron safe in the place of business, showed
it to plaintiff, and plaintiff, knowing the de-
fendant’s signature, loaned the money on the
faith of it. The date of the loan was within
the time stipulated for the duration of the
partnership. The defendant put it in the
power of his associate, Harp, to mislead the
plaintiff and to defraud himself. The ques-
tion simply is which should suffer the loss—
the plaintiff or the defendant?
It is well settled by many adjudications
here and elsewhere that the party putting it
within the apparent power of another to com-
mit a fraud should suffer a loss, rather than
a stranger who has innocently and in good
faith acted upon this apparent power. Ellison
v. Sexton, 105 N. C. 356, 11 S. E. 180, 18 Am.
St. Rep. 907. By the written contract the de-
fendant was an actual partner. not simply an
apparent partner. What the partner, Harp,
did was strictly within his power, under the
written agreement and within the time stipu-
lated for the duration of the partnership.
“Where a man holds himself out as a partner,
or allows others to do so, he is proyerly estop-
ped from denying the character he has assum-
ed, and upon the faith of which creditors may
be presumed to have acted.” 22 Am. & Eng.
Enc. 55; Thompson v. Bank, 111 U. 8. 529,
4 Sup. Ct. 689, 28 L. Ed. 507. The defendant
could easily have seen that the duplicate
original held by Harp was destroyed, and the
protection of himself from liability would
clearly seem to have demanded it. We have
carefully examined the exceptions taken by
the defendant at the trial, both in the taking
of the evidence and to the charge of his hon-
or and the authorities cited in the able brief
of his attorney, and we find no error.
The judgment is therefore affirmed.
(151 N. C. 283)
POULDIN v. DANIEL.
(Suprems Court of North Carolina. Nov. 11,
1909.)
1. New Trrat (§ 99*)—Newry Drscoveren
Eviornxck—DIsScrerion or TRIAL Courr.
The granting of a new trie! for newly dis-
vidence affecting the testimony of a
ness is within the sound discretion of the
trial judze.
[Fd. Note.—For other cases. see New Trial.
Cent. Dig. §§ 201. 207: Dee. Dig. § 99.*]
2. New Trrav ($ 72*)— Grounns — VERDICT
CONTRARY TO WEIGHT OF EVIDENCE — DiIs-
CRETION OF TRIAL CourRT.
The granting of a new trial for that the
verdict is contrary to the weight of the evidence
is within the sound discretion of the trial court.
[Ed. Note.—For_other cases, see New Trial,
Cent. Dig. $$ 146-148; Dee. Dig. § 72.4]
Appeal from Superior Court, Guilford Coun-
ty; Long, Judge.
Action by B. B. Bouldin against Garland
Daniel. Judgment for plaintiff, and defend-
ant appeals. Aflirmed.
The affidavit referred to in the opinion is
as follows: ;
“Affidavit.
“Garland Daniel being first duly sworn,
deposes and says:
“(1) That, since the rendition of verdict in
the case above entitled, this afliant is inform-
ed and believes that the jury, in passing
upon the first and third issues submitted to
them in said case, was largely controlled and
influenced by the testimony of one T. H. Van-
derford, a witness for the plaintiff in this
ease; that the testimony of said Vanderford
was the only evidence supporting the conten-
tion of plaintiff upon which said jury did or
could rely in finding the preponderance of the
weight of evidence in favor of plaintiff upon
the first issue; that this affiant has discov-
ered and found and has in his possession #
check which is in words and figures as fol-
lows:
“*No. 49.
“ ‘Greensboro, N. C., June 26, 1907.
“*Pay to the order of T. H. Van-
GPCIOUE oe. sea ey keg rdxes $4.000.00
* Four FNGaOROe oad pds b0s ec cenks ve Dollars.
“*To the Greensboro National Bank,
“ ‘Greensboro, N. C.
“‘Fidelity & Security Company,
““By G. Daniel.’
—which said check was indorsed on its re
verse side ‘T. H. Vanderford’; that the ma-
| teriality of this check was not known or dis-
covered by said affiant until the rendering of
said verdict; that said check shows that the
said T. H. Vanderford received the sum of
four thousand ($4,000.00) dollars out of the
°For other cases see same topic and section NUM BER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes
Se
wie MA Se TH
wi
996 65 SOUTHEASTERN REPORTER. (N.C.
out, told her, with an oath, that, if she did
not leave her father’s house, he would kill
her or her father that night, and, as he
walked off, said: “I’ll burn you up.” A son
of the deceased, awakened by the shot, saw
the prisoner running away with a gun in his
hands. There was evidence of bad blood be-
tween the prisoner and the deceased, and of
other threats made by the prisoner. Blood-
hounds were put on the trail the next day,
and followed the track to prisoner’s house
and to his father’s. The prisoner offered
evidence that at the time of the shooting and
the entire night he was at his father’s, 2%4
miles from the home of the deceased, and
that, when accused the next morning of the
homicide, he denied it. There was much evi-
dence on the part of the state, corroboratory
of its theory, and from the prisoner, attack-
ing the state’s witnesses and sustaining his
alibi. The dying declarations of the deceas-
ed were offered by the state that the prison-
er shot him, and the declarations of the de-
ceased to his wife that the prisoner shot
him were offered and admitted as part of the
res geste. The deceased lingered a few days,
and died from the effect of the gunshot
wounds received the night of December 10,
1908.
McLean, McLean & Snow and McIntyre,
Lawrence & Proctor, for appellant. Attorney
deneral Bickett, for the State.
MANNING, J. In the statement of the
ease there are 21 exceptions noted and enm-
braced in the prisoner’s assignment of errors,
but in the well-considered brief of his able
and learned counsel only the following num-
bered exceptions are mentioned, to wit: Ex-
ceptions 4, 8, 9, 12, 13, 15, 16, 17, 18, 19, 20,
and 21. Under rule 34 (140 N. C. 666, 53
S. E. ix), and the decisions of this court,
those not mentioned are deemed abandoned.
This rule applies equally to civil and crim-
inal cases. Britt v. Railroad, 148 N. O. 37,
61 S. BE. 601; State v. Freeman, 146 N. C.
615, 60 S. E. 986; State v. Register, 133 N. C.
746, 46 S. E. 21. We have, however, in fa-
yorem vite carefully examined the exceptions
omitted in the brief for the prisoner, and we
do not think any one of them can be sus-
tained. Exceptions 20 and 21 are formal, the
one taken to the refusal of the court to grant
a new trial for errors alleged in the trial,
and the other to the judgment of the court
pronouncing the sentence of death, as de-
manded by the law, upon the verdict. Excep-
tions 8 and 9 are taken to the rulings of his
honor permitting a witness for the state, Ed-
mond, to narrate the conduct of a bloodhound
used by him the day after the homicide in
tracking the defendant. This evidence was
admitted by his honor after the state had by
testimony brought it clearly within the rules
laid down by this court for its admissibility
In the cases of State v. Moore, 129 N. C. 501, 39
S. E. 626, 55 L. R. A. 96; State v. Hunter,
143 N. GC. 607, 56 S. EB. 547, 118 Am. St. Rep.
830; State v. Freeman, 146 N. C. 616, 60 S. E.
986. In his charge his honor clearly stated
to the jury how they should consider this
evidence; that it was not substantive, but
corroboratory; and, before it could be con-
sidered as corroboratory, they must be satis-
fied, beyond a reasonable doubt, of the exist-
ence of other relevant circumstances in con-
nection therewith, as held in the above cascs.
No exception was taken to this part of his
honor’s charge. It was full and clear. We
therefore find no error in exceptions 8 and 9.
The prisoner’s fourth exception is taken
to admission in evidence, over his objection,
of the following declarations of the deceas-
ed, Frank Shaw, to his wife, on the night of
the homicide and immediately thereafter:
“Frank told me Henry Spivey shot him.
Said: ‘Oh, Jenny! Henry Spivey shot me,
because I saw him.’” The witness—wife of
deceased—had given the following account
of the events immediately preceding, and at
the time of, this declaration: “First thing
I heard was a walking around the house
like somebody under the house, and the dog
got to baying it. Frank got up and went
out. The gun fired. Me and my daughter
went out about a minute or two after the
gun fired. Just as soon as we beard the
gun fire we went out. Frank was down on
his bands and knees at the corner of the
house, struggling in blood. I went to him
and took him up, and said what is the mat-
ter. Me and my daughter were the first to
get to him. I took him up, first one, about
two minutes after gun fired—just about a
minute after gun fired. I shoved out. Nev-
er waited for nothing. Frank said: ‘Henry
Spivey shot me, because I seed him.’” Aft-
er then being permitted to give this state-
ment of the deceased, the witness added:
“Ie said it two or three different times aft-
er he was set up on the piazza.” Was this
statement of Frank Shaw to his wife admis-
sible as pars rei geste? In McKelvey on
Ev. p. 344, the author says: “The ground of
reliability upon which such declarations
are received is their spontaneity. They are
the extempore utterances of the mind under
circumstances and at times when there has
been no sufficient opportunity to plan false
or misleading statements. They exhibit the
mind’s impressions of immediate events,
and are not narrative of past happenings.
They are uttered while the mind is under
the influence of the activity of the surround-
ings.” In Underhill on Criminal Evidence,
§§ 96, 97, quoted with approval by Connor,
J., in the concurring opinion in Seawell v.
Railroad, 183 N. C. 515, 45 S. E. 850, the
author says: “On the whole, the res geste
cannot be arbitrarily confined within any
limit of time. The element of time Is not
always material. If they are declarative
and descriptive in their form and character,
if they are not the impromptu outpouring?
ah ree ao
N.C.) STATE v. SPIVEY. 997
of the mind, they should be rejected, though
uttered only a few minutes after the main
transaction.
fact that they seem to be the natural and
necessary concomitants of some relevant
transaction in which their author was a par-
ticipant, constitutes the basis of their ad-
mission as evidence. If a sufficient period
has intervened between the act and the)
statement for consideration, preparation or
taking advice, the statement may be reject-
ed. The mere likelihood that the statement
was the result of advice or consideration
may exclude it. Actual preparation need
not be shown. Declarations made imme-
diately after the principal transaction have |
been received in homicide cases, and the
American cases, as a rule, do not sustain
the strict English doctrine that the declara-
tions, to be admissible, must be strictly
contemporaneous with the main transaction,
if the declarations are illustrative, verbal
acts, and not mere narratives of what has,
passed.” In Wharton's Criminal Evidence,
§ 263, this learned writer says: “Under the
rule before us evidence in homicide trials
has been received * * * of statements of
the deceased at the time or so soon before
or afterwards as to preclude the hypothesis
of concoction or premeditation, charging the
defendant with the act.” Following the
rule clearly established by these authorities
a statement made as the “outpouring of the
mind” of one of the actors in the tragedy
is competent as pars rei geste. We con-
ceive there is and ought to be a distinction
made between the statements of one of the
parties to the tragedy and a bystander or
nonparticipant.
unmoved by the terrible emotions that over-
flow and express themselves in words utter-
ed without design or thought or preparation,
it must appear, to be admissible, that such
statement was made while the thing was
being done, the transaction was occurring. |
They ought to be strictly contemporaneous.
State v. McCourry, 128 N. C. 598, 38 S. EB.
883; Seawell v. Railroad, 133 N. C. 515,
45 S. BE. 850; Harrill v. Railroad, 132 N. C.
655, 44 S. E. 109; Bumgardner v. Railroad,
182 N. C. 442, 43 S. E. 948; Means v. Rail-
road, 124 N. C. 578, 32 S. E. 960, 45 L. R. A.
164; State v. Hinson, 150 N. C. 827, 64S. E
124. In cases of joint action or conspiracy,
where the evidence has disclosed a com-
mon unlawful purpose of two or more, or &
concert of action, statements are admissible
to prove the common, unlawful purpose that
would not be admissible otherwise, as in
State v. Anderson, 92 N. C. 732; State v.
Jarrell, 141 N. C. 722, 53 S. E. 127. In our
opinion, therefore, the statement of the de
ceased to his wife, as detailed by her, was
admissible, and his honor committed no er-
ror in receiving it
The spontaneous, unpremed- |
iéuted character of the declarations, and the |
In the latter case, where ,
the evidence proposed is the statement of a
bystander or nonparticipant, whose mind is |
1 The twelfth exception is taken to the fol-
lowing incident occurring at the triat::,At
the close of the testimony of the last wit-
ness examined by the state, and before the
evidence was closed, the solicitor tendered
to the prisoner several witnesses, among
‘them the prisoner's wife, for examination.
The prisoner objected to the tender of his
wife, whereupon the solicitor withdrew the
tender, stating that he found the name of
defendant’s wife among the witnesses for
the state and thought it was his duty to ten-
der her to defendant, stating, also, that he
‘would not tender this witness to defendant
if defendant did not wish to examine her.
‘The defendant objected. The court then in-
structed the jury that this incident eould
not be construed by them in making up
‘their verdict as prejudicial to the defendant
or in any way influencing their verdict
agaiust him. His honor, near the close of
his charge, again said to the jury: “At the
‘elose of the evidence, the solicitor called
certain witnesses, whom he tendered to the
prisoner for examination. Among these
was the wife of the prisoner. The solicitor
stated that, as he found the name of the
prisoner's wife upon the list of the witness-
es for the state, he deemed it his duty to
tender her to the prisoner for examination.
The court charges you that the wife of the
prisoner is not a competent witness against
‘the prisoner, and that her testimony could
not be used against him on this trial. The
court charges you, further, that it is your
duty to disregard the circumstance of the
tender of the prisoner’s wife by the solici-
tor, and that such tender cannot be used as
a circumstance against the prisoner. The
circumstance of her having been tendered,
therefore, must be entirely disregarded and
ignored by the jury in arriving at their ver-
dict.” We have set out in full the matters
pertaining to this indictment to illustrate
{how eareful his honor was, not only in the
conduct of the trial, but in his charge, to
| see to it that the prisoner had a fair and
impartial trial. There was a similar inci-
| dent in State v. Cox, 150 N. C. 846, 64S. E.
199, but his honor in the present case ob
served the caution pointed out in that case,
which the learned judge who tried Cox’s
| Case had unintentionally failed to observe.
| While it was improper for the solicitor to
tender the prisoner's wife with the remark
made by him, yet his honor corrected the
error fully; and we therefore overrule this
assignment of error.
The thirteenth assignment of error is the
| refusal of his honor to give the following
| special instruction in its very language:
|The defendant in this case is indicted for
‘the murder of Frank Shaw, and, before you
;can return a verdict of guilty against him,
' you must find that he committed the murder
as charged in the bill of indictment. If there
jis any reasonable doubt about this in the
| minds of the jury, or if the jury shall be of
5
pens:
eath
Th
oe
ivi Te}
Sybase
SPE ELM tater tres cetera
ss
a =
oj
a Re
ts
+
Bisteeteiyscteye:
sereresyet Thebes detreed Srseassevevieesnisenetees
~
at Fah rhesetet of ¢ 3 gist:
SPIVEY, Henry, black, hanged at Elizabethtown, NC on March 12, 1910,
"Raleigh, N. G Mar. 3, 1910-Declaring that he is not afraid to die, but had rather live,
and that he knew no hopes for executive clemency, Hy Spivey was taken from the state
penitentiary today carried to Elizabethtown, Bladen County, where he will be hanged to-
morrow for the murder of his father-in-law. Spivey will be the last man to be hanged
in North Carolina before the statute requiring all capital punishment to be by elec-
trocution within the state's prison is effective, There will be two electrocutions
on March 16," JOURNAL, Atlanta, GA, Mar. 3, 1910 (6/2.)
256 N.C.
her person to him prior to the marriage, but
which condition she had declined to meet.
The other members of the Spivey family, Si-
las, the father, and Lillian, a third daughter,
had retired for the night, leaving these four
young people together in the same room. At
about eleven o’clock, Bettie Spivey left the
room and soon returned with a pair of silk
hose, which she showed to the others, and
teasingly told James Spivey that they had
been given to her by another fellow. When
she went to get the stockings, she thought she
observed some one in the yard, walk past the
window, and reported this fact upon her
return. The defendant remarked that per-
haps it was an officer looking for him. He
also claimed to have seen some one pass the
window.
As there had been some recent cow stealing
in the neighborhood, Bettie Spivey suggested
to the defendant that they go out to the barn,
which was 80 or 40 yards from the house, to
see if her father’s cow had been, or was be-
ing, molested by any one. For this purpose
she went out of the house, and the defend-
ant followed her, closing the door behind
him. About eight or ten feet to the right of
the path, going to’ the barn, was a cedar tree,
against which an ax was leaning, which had
been left there by one of the girls that after-
noon or evening.
Fifteen or twenty minutes after Bettie and
James Spivey left the house, the defendant
returned, opened the door, and said that some
one had knooked Bettie down. Josie hur-
riedly aroused her father and sister, Lillian,
and rushed out to the cow barn. ‘There she
found Bettie lying upon her back, with her
head stricken, and bleeding profusely. Her
clothes were up above her knees and her
legs far apart. James Spivey stated that he
stopped at the cedar tree while Bettie went
on to the barn lot. He said he heard a lick,
“ker-bam-like,” looked up and saw two men
running off in the direction of L. V. Hale’s
house, and that there was no time for Bettie
to have been criminally assaulted. .
Willie Morgan did not go to the barn or
stay to ascertain the extent of Bettie’s in-
juries, but left for his home as soon as the
defendant announced that she had been hurt.
He said he left precipitately because he was
afraid to stay. The defendant, on the other
hand, remained to render any assistance he
could, and did help to carry the deceased in
the house, went for’the doctor, and called
tse oflicers.
Within a couple of hours, the sheriff and
4wo assistants, as well as the coroner of the
<ounty, Dr. J. I. Foster, had arrived at the
Spivey home. An investigation and examina-
tlon showed that the deceased had been raped
and hit on the back of the head with some
blunt instrument, from which she died al-
most instantly. There were no bruises on
her face or neck. The small ax, which had
153 SOUTH EASTERN REPORTER
been left leaning against the cedar tree, could
not be found that night, but it'was discovered
the next morning some distance away, with
blood spots on it, apparently having been
thrown through a break in the hedge, for
when it fell upon the ground it slid about one
half the length of its helve. No tracks were
to be found along or about the place where the
defendant said he saw two men running. An
examination by the coroner of the person of
the defendant that night indicated unmistak-
ably that he was the one who committed the
rape.
The defendant ‘offered no evidence, but
lodged a motion at the close of the state's
case for judgment as of nonsuit under CG. S.
§ 4643. (Overruled and exception.)
Verdict: Guilty of murder in the first de-
gree.
Judgment: Death by electrocution.
The prisoner appeals, assigning errors.
Gavin, Teague & Byerly and H. M. Jack-
son, all of Sanford, for appellant.
D. G. Brummitt, Atty. Gen., and Frank
Nash, Asst. Atty. Gen., for the State.
STACY, C. J. (after stating the case).
[1] The evidence is amply sufficient to carry
the case to the jury. It points unerringly
to the prisoner’s guilt and apparently ex-
cludes every reasonable hypothesis of his in-
nocence. State v. McLeod, 196 N. C. 542, 146
8. E. 409; Id., 198 N. C..G49, 152 S. B. 895.
The state’s showing in the instant case is ful-
ly as strong, if not stronger, than that in
State v. Wilcox, 132 N. C. 1120, 44 S. EB. 625,
where a conviction was sustained. The fol-
lowing authorities may also be cited in sup-
port of the court’s action in overruling the
defendant’s demurrer to the evidence: State
y. Allen, 197 N. C. 684, 150 S. E. 337; State
v. McKinnon, 197 N. C. 576, 150 S. BE. 25;
State v. Lawrence, 196 N. ©. 562, 146 S. E.
395; State v. Melton, 187 N. C. 481, 122 S. E.
17; State v. Young, 187 N. C. 698, 122 §. E.
667; State v. Griflith, 185 N. C. 756, 117 S.
E. 586; State v. Bynum, 175 N. C. 777, 95 8.
BE. 101; State v. Matthews, 162 N. C. 542, 77
8. E. 302; State v. Taylor, 159 N. C. 465, 74
S. E. 914.
(2] The following excerpt, taken from the
charge, forms the basis of one of defendant's
exceptive assignments of error, which he
stressfully contends entitles him to a new
trial:
“He admits that she came to her death on
account of a blow on the base of her skull
inflicted by some unknown person, that is, he
admits that she was struck on the base of
the skull with an ax or some other deadly
weapon, and that that brought about her
death.”
The prisoner complains at this instruction
because it represents him as making an ad-
WEST v. JACKSON
No On O57
153 8.5.
mission, when, in fact, no admission was
made by him and no evidence offered in his
behalf.
The court was here stating the contentions
of the parties, and what he meant to say,
and, we apprehend, did say, within the neces-
sary understanding of the jury, was that, ac-
cording to the prisoner’s own statement, made
that night, he heard the blow which caused
her to be felled by some unknown person, for,
in this immediate conncction, the court added:
“But (the prisoner) contends that there are
no facts or cireumstances which show that he
was the person that inflicted the blow, and
that he is not guilty.”’ We perceive no error
in the contention, thus given, when consid-
ered in its immediate connection and in the
light of the whole charge. State v. Parker,
198 N. C. 629, 152 S. Ib. 890
The remaining exceptions, all of which
have been examined with scrutiny and care,
are ‘equally untenable, and present no new
question of law or one not heretofore settled
by a number of decisions.
[3-7] The fact that the defendant offered
no evidence, but relied upon the legal pre-
sumption of innocence and the weakness of
the state’s case, is not to be taken against
him. C. S. § 1799. The presumption of in-
nocence which surrounds a defendant on his
plea of “not guilty’ goes with him through-
out the trial and is not overcome by his fail-
ure to testify in his own behalf. He is not
required to show his innocence. The burden
is on the state to prove his guilt beyond a
reasonable doubt. State v. Singleton, 183 N.
©. 738, 110 S, I. 846. And while his absence
from the witness stand or his failure to tes-
tify may be a circumstance not without its
moral effect upon the jury, of which every
lawyer appearing for a defendant is always
conscious, yet this fact, as a matter of law,
creates no presumption against him, and is
not a proper subject for comment by the
solicitor in arguing the case to the jury.
State v. Tucker, 190 N. C. 708, 130 S. E. 720.
The record discloses no error committed
on the trial; hence the verdict and judg-
ment will be upheld.
No error.
WEST v. JACKSON et al.
No. 109.
Supreme Court of North Carolina,
May 21, 1930.
1. Notice G=6.
Where anything appears calculated to
stimulate inquiry, person is affected with
knowledge of all that inquiry would have dis-
closed.
2. Mortgages G17! (6).
Indexing of trust deed “Jesse Hinton and
wife” held not insufficient compliance with
statute because name of wife was not given,
where there was sufficient information upon
indexes to ereate duty of making inquiry (C.
S. § 3561).
The facts were that husband and wife
executed deed of trust, which was duly re-
corded, and thereafter husband died and
subsequently wife executed deed of trust
as security for loan from plaintiff who
brought suit to restrain sale under first
deed of trust. The wife’s name appeared
in deed to husband and wife, and record
would have disclosed that husband and
wife were tenants by entirety, and that
husband and wife had executed another
deed of trust.
Appeal from Superior Court, Harnett Coun-
ty; Barnhill, Judge.
Action by E. C. West against Nora Hinton
Jackson, and husband, and others. From a
judgment for defendants, plaintiff appeals,
Affirmed.
H. T- Lee and wife conveyed a certain tract
of land in TJarnett county to Jesse Hinton
and wife, Nora Hinton, constituting an estate
by entirety. Thereafter Jesse Hinton and
wife, Nora Hinton, secured a loan through
J. C. Clifford, an attorney of Dunn, N. C., and,
to secure the note evidencing said loan, exe-
euted and delivered a deed of trust to said
Slifford, trustee, which deed of trust was duly
recorded in Book of Deeds 205, page 232, in
the office of the register of deeds for Harnett
county. Thereafter, on or about June 2, 1924,
Jesse Hinton died. Subsequently on or about
February 10, 1925, Nora Hinton applied to
the plaintiff for a loan of $400. The plaintiff
alleges that he examined the records of Har-
nett county and found no lien or incumbrance
indexed or cross-indexed in the name of Nora
Hinton, and thereupon made the loan for
$4100. Thereafter, in December, 1926, Nora
Hinton married the defendant Tom Jackson.
The note secured by the deed of trust to J. C.
Clifford, trustee, was not paid, and in the
spring of 1927 said Clifford advertised the
property for sale under and by yirtue of the
terms of said decd of trust.
The plaintif€ instituted this action to re-
strain the sale, alleging that the Clifford deed
of trust was not properly indexed and cross-
indexed, and that his deed of trust for $400
was a prior lien upon the premises. The
record discloses that the deed from Lee and
wife to Jesse Hinton and wife was indexed
and cross-indexed “Jesse Hinton and wife”
»
C>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
163 S.E.—17
{Rabetohy an oh re Coucetz A iy ae Ce cp the ee —_
Aa Se / hol F= Ggaan- Hp Codi Wro thehorited at Stile Hrisen Yadacy
hu a dheater ut tfen Ko vidcod Ths doh trowel rs % Wigs
: Urbe Utne hacked to darth toh Qu axre Weer Rothe NOL
Z™
DE 6 pelt name Tia dd ha bnS wt Koch in her Meee , Spey wae
rns
eee
de at
ciptaibecthiiiadtinds
254 W. Va.
ber 1, 1926, there was owing from said part-
nership to Sehon-Stevenson & Co. the sum of
$5,291.66 and that on the 16th of December,
1926, E. P. Leach paid on said indebtedness
the sum of $1,000. This was a little less than
35.327 per centum of said debt, being the per-
centage for which he is liable under the Bulk
Sales Law as above demonstrated. Decretal
judgment should be entered against him for
the difference between the amount so paid by
him and the portion of said debt for which
he is liable as aforesaid, proper interest
charges and allowances being taken into ac-
count.
Blake cross-assigns error. His first propo-
sition is that E. P. Leach should be held lia-
ble with C. G. Leach for all of the indcbted-
ness of Blake & Leach; and the alternative
proposition is that under the Bulk Sales Law
FE. P. Leach should be held liable for approxi-
mately 66 per centum of the Blake & Leach
indebtedness. The first of these propositions
is not well taken, because, as found by the
commissioner, the undertaking of 1. P. Leach
Was not an assumption of liability for all of
the indebtedness of the firm of Blake &
Leach, but only to the extent of $5,800. And
the second or alternative. proposition is not
well taken, because, under the Bulk Sales
Law, FE. P. Leach’s liability is only “to the
extent of the value of the goods, wares, mer-
ehandise and fixtures so received by him.”
Code, ec. 74, § 3a. The value of the interest
acquired by him was $3,700. As already
demonstrated, the extent of liability of IE. P.
Leach under ¢aid provision of the statute is
33.527 per centum of the total indebtedness
of Blake & Leach,
We are therefore of opinion to reverse the
decree of the trial court and remand the
cause for further proceedings in compliance
herewith.
- Reversed and remanded,
{198 N. C. 698)
BUCKNER v. C. I. T. CORPORATION.
No. 584.
Supreme Court of North Carolina,
May 21, 1930.
{. Principal and agent C=22(1).
Declarations of alleged agent, whether
written or oral, are incompetent to prove
agency.
2. Trial G=59(2).
Order of introducing evidence is within
)adjre’s discretion unless prejudice may obvi-
vusly result.
153 SOUTH FASTERN REPORTER
3. Appeal and error C>1052(4).
In maker’s action to cancel note, admit-
ting allesed agent’s receipt reciting payment
for defendant principal was not prejudicial,
agency being subsequently proved.
4. Principal and agent G>{23(10).
That automobile dealer had regularly col-
lected money from customers for alleged prin-
cipal indicated agency, warranting cancelling
note in principal’s hands, paid to dealer.
The evidence tended to show that for
several years the dealer had collected
money on behalf of defendant, the alleged
principal, which held a note and a retained
title contract for an automobile bought
by plaintiff who had subsequently paid the
money to the dealer. '
Appeal from Superior Court, Buncombe
County; Harris, Judge.
Action by E. A. Buckner against the C. I.
T. Corporation. Irom a judgment for plain-
tiff, defendant appeals.
No error.
In December, 1928, the plaintiff bought a
Whippet sedan from Asheville Overland-
Knight, Inc., at the price of $803.16. He paid
$245, and gave the seller his note for $560.16,
payable in twelve equal installments of $46.-
68, together with a retained title contract. On
January 19, 1529, he paid the seller the
amount due and took a receipt therefor, which
recited payment for the C. I. T. Corporation.
The seller (Asheville Overland-Knight, Inc.),
thereafter made an assignment for the benefit
of its creditors to the Wachovia Bank & Trust
Company. The defendant claims to be a hold-
er of the note and contract in due course.
The following verdict was returned:
“1. Was the Asheville Overland-Knight,
Ine., the agent for the purpose of collecting
money for the C. I. T. Corporation on Janu-
ary 19,1929? Answer: Yes.
“2, Did the Asheville Overland-Knight,
Inc., receive from E. A. Buckner on January
19, 1929, the sum of $540 as the agent for the
C. I. T. Corporation? Answer: Yes.”
Harkins & Van Winkle, of Asheville, for ap-
pellant.
ADAMS, J.
The plaintiff recovered a judgment for the
eancellation of his note and of the retained
title contract, and for the delivery to him of
the unincumbered title to the sedan, It there-
fore becomes necessary to determine whether
the appellant’s exceptions present good cause
for a new trial, or a reversal or modification
of the judgment.
{1-3] The receipt referred to in the state-
ment of facts recites the plaintiff's payment
¢=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
STATE v. SPIVEY N.C. 250
153 S.E.
to Asheville Overland-Knight, Inec., of $540
“for CG, I. T. Corporation.” The appellant ex-
cepted for the assigned reason that this re-
cital is a declaration of agency made by the
agent, and was inadmissible at least until
ageney had been established prima facie by
other evidence. The declarations of an al-
leged agent, whether written or verbal, are,
of course, incompetent to prove agency. West-
ern Carolina Realty Co. v. Rumbough, 172 N.
* 741, 90 S. BF. 981; Arndt v. Ins. Co., 176 N.
C. 652, 97 S. FE. 631. But the order in which
evidence may be introduced is a matter within
the diseretion of the judge, unless it is obvi-
ous that prejudice may result; and, as evi-
dence of agency was afterwards offered with-
out objection, we do not sce how the dcfend-
ant was prejudiced by the receipt. The fourth
exception presents the same question.
{§] Several exceptions were taken to evi-
dence tending to show that for some years
Asheville Overland-Knight, Ine., had regular-
ly collected money from its customers for the
defendant. From the testimony it was per-
missible to draw the conclusion that an agree-
ment to this effect had been made by the two
companies, and that Asheville Overland-
Knight, Inc., was, as the plaintiff contended,
an agent for the collection of the note as-
signed by it to the defendant.
We find no error in the court’s refusal to
dismiss the action, or in the instruction giv-
en the jury. All the evidence for the plaintiff
tended to show agency, and the only evidence
introduced by the defendant was the retained
title contract and certain paragraphs in the
pleadings. £
No error.
(198 N. C. 655)
STATE v. SPIVEY.
No. 91.
Supreme Court of North Carolina,
May 7, 1930.
!. Homicide €>282.
In first-degree murder case, evidence held
sufficient for jury, apparently excluding every
reasonable hypothesis of innocence (C. 8S. §§
1799, 4643).
Defendant offered no evidence, but at
the close of the state’s case lodged a mo-
tion for judgment as of nonsuit under C
S. § 4643.
2. Criminal law 763, 764(20).
Charge that defendant in murder case,
although offering no evidence, “admits” -de-
ceased was struck on head, was not erroneous,
considering defendant's statement he heard
blow struck,
It appeared that on the night of the
homicide defendant had told the officers
and others that, when accompanying de-
eeased, he had heard a sound as if a blow
had been struck, and when he looked up
had seen two men running away. The
court in making the charge in question was
stating the contentions of the parties, and
immediately after the statement com-
plained of the court said that defendant
contended there were no. facts which
showed that he was the person who in-
flicted the blow.
3. Criminal law C317.
That defendant in murder prosecution of-
fered no evidence, relying on weakness of
state’s case and presumption of innocence,
was not to be deemed unfavorable circum-
stance (C. S. § 1799).
4. Criminal law 325.
Presumption of innocence continues
throughout trial, not being overcome by de-
fendant’s failure to testify.
5. Criminal law €=561 (2).
In prosecution for murder, state must
prove defendant’s guilt beyond reasonable
doubt.
6. Criminal law C317.
Failure of defendant to testify in murder
prosecution raises no presumption against
him.
7. Criminal law €=721(1).
Defendant’s failure to testify in murder
prosecution is not proper subject for comment
in state’s argument to jury.
Appeal from Superior Court, Lee County;
Barnhill, Judge.
James Spivey was convicted of murder in
the first degree, and he appeals.
No error.
Criminal prosecution tried upon an indict-
ment charging the prisoner with the murder
of one Bettie Spivey.
The evidence on behalf of the state tends to
show that on the night of September 21, 1929,
Bettie Spivey was struck on the back of the
head with an ax, or some blunt instrument,
and died shortly thereafter from the effects
of the blow.
The deceased and her sister, Josie Spivey,
were entertaining two young men, Willie Mor-
gan and the defendant, James Spivey, on
the night in question at the home of their
father, who is a tenant farmer living in Lee
county. Willie Morgan was calling on Josie
Spivey, while the defendant was paying court
to the deceased, and had previously proposed
to marry her on condition that she surrender
€=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
*oeTe Seqtum ‘sower ‘ZqATIS
ee
@9T) JSON
ee oe
+
‘
SF
r
:¥
"OC bT-€2"S
ee
res
STEWART, C. W. & Elmer, whites, elec, NCSP (Brunswidk) A pril 17, 1925.
mepves
[Clee ie? SU ~ Hee 11,1934
UNLMINGTON NC. As
oO Nee.
i
a
'
¥
t
—
200. ~N-G 44 SOUTH EASTERN RE
down when the wounds were inflicted upon
her convincingly bring the subject within
the rule of expert opinion, based upon pro-
fessional knowledge of the behavior of the
human body, its organs and funetions, par-
ticularly the blood circulatory system un-
der invasion by wounds s "
Similar expert testimony has been approve
in George v. Winston-Salem Southbound
R., 215 N.C. 773, 3 S.E.2d 286. Expert
medical opinion has been o
to show the position of the body when it
PORTER, 2d SERIES
seat when the trial judge, in the exercise
of his discretion conferred by the statute,
G.S. § 9-21, found it to be necessary. Un-
der these circumstances we are unable to
see that the defendant suffered deprivation
of any fundamental right by action in the
uch as were found. absence of counsel or that he was preju-
diced in any way in the trial of his cause.
State v. Dalton, 206 N.C. 507, 174 S.E. 422;
State v. Broom, 222 N.C. 324, 22 S.E.2d
ften resorted to, 926:
As stated, we have carefully examined
received a lethal wound. Admission of the record, considering all of the excep”.
the evidence of the embalmer presents nO tions to the trial, and we find no error.
prejudicial error. The statement of ~
embalmer was to an observed fact whi
did not require expert testimony.
The objection to the substitution of the
alternate or 13th juror as a member of the
pancl is confined to the fact that it was done
in the absence of defendant’s counsel. The
substitution was made in open court; but it
had recessed for the afternoon and was
called back in session. The defendant was
present.
The record shows that the emergency, or
condition requiring the substitution, aros¢
after defendant’s counsel had left the court
upon the afternoon adjournment and was
too far away to be available. No fault is
attached to the attorney because of his ab-
sence; the question is whether any consti-
tutional right of the defendant was invaded
by the action of the court in the absence of
counsel; or that it was attended with preju-
dicial error.
[10,11] Rule 27 of Superior Court
Practice relieves the court from sending
for counsel when the case is called in a reg-
ular session. The corollary is that the court
violates no duty by proceeding blag
counsel when it does not appear that the
particular matter, because of some unusual
reason, demands his presence. State: Vv.
Denton, 154 N.C 641, 70 S.E. 839. Per-
“unusual reason” might be after-
some prejudicial ac-
hich might have been
resisted by counsel if present. In the in-
stant case, however, there is no such sug-
gestion. In fact the 13th juror had been
passed by both the solicitor and the counsel
for defendant and was qualified to take his
haps an
ward discovered in
tion by the judge w
No errot
227 N.C. 695
COBURN VY. ATLANTIC COAST LINE
R. CO.
No. 90.
Supreme Court of North Carolina.
Sept. 24, 1947.
Rallroads €>441(2) x :
The statute making the killing of live-
stock by a railroad prima facie evidence of
the railroad’s negligence was unavailable to
owner of hogs killed by defendant's train
where the action was not brought within
six months after the cause of action accrued
as required by statute. G.S. § 60-81.
————
Appeal from Superior Court, Martin
County; W. H. S. Burgwyn, Special Judge.
Civil action by D. D. Coburn against
Atlantic Coast Line Railroad Company, a
corporation, to recover for hogs killed asa
result of alleged actionable negligence of
defendant. From an adverse judgment,
plaintiff appeals.
Affirmed.
Civil action instituted 1 November, 1946,
to recover damages for hogs killed, two on
31 December, 1945, and two on 17 Tena,
1946, by trains of defendant as result 0
alleged actionable negligence of defendant,
STATE v. GIBBS N.C 8201
Oite as 44 8.E.2d 201
which allegations of negligence are denied
by defendant.
In the trial court plaintiff offered evi-
dence in an effort to make out a case of
actionable negligence. Defendant also
offered evidence. The court sustained mo-
tion for judgment as in case of nonsuit at
close of all the evidence.
Plaintiff appeals to Supreme Court and
assigns error.
R. L. Coburn, of Williamston, for plain-
tiff-appellant.
Rodman & Rodman, of Washington, for
defendant-appellee.
PER CURIAM.
The benefit of the provisions of the stat-
ute, G. S. § 60-81, making the killing of cat-
tle and other livestock by the engine or cars
running upon any railroad prima facie evi-
dence of negligence on the part of the rail-
road company in any action for damages
against such company is unavailable to
plaintiff, since the statute further provides
that no person shall be allowed the benefit
of its provisions unless he shall bring his
action within six months after his cause of
action shall have accrued. Plaintiff con-
cedes this. This being so, the evidence of-
fered on the trial of this action taken in
light most favorable to plaintiff fails to
make out a case of actionable negligence.
Hence, the judgment below is
Affirmed,
w
© § Kev number systtM
tT
227 N.C. 677
STATE v. GIBBS,
No. 147.
Supreme Court of North Carolina,
Sept. 24, 1947.
1. Automobiles ©=323
If intoxicated truck owner who rode
in his truck while it was driven by in-
toxicated driver, aided and-abetted the driv-
er in the operation of the truck on a public
highway, the owner was guilty of unlaw-
44 8.E.2d—13%
ful operation of a motor vehicle on a public
highway while under influence of intoxicat-
ing liquor, since such offense is a misde-
meanor and all who participate in the com-
mission of a misdemeanor as aiders or abet-
ters or otherwise, are guilty as principals.
G.S. § 20-138,
2. Automobiles €=355(13)
Evidence sustained conviction of in-
toxicated truck owner, who was riding in
his truck while it was driven by an intoxi-
cated driver, of unlawful operation of a
motor vehicle on a public highway while
under the influence of intoxicating liquor,
on ground that the owner was aiding and
abetting the driver. G.S. § 20-138.
3. Automoblles €=323
An automobile owner who places his
automobile in the hands of an intoxicated
driver, sits by the side of the driver, and
without protest permits him to operate the
automobile on the public highway, is guilty
of the unlawful operation of a motor
vehicle on a public highway while under the
influence of intoxicating liquor. G.S. § 20-
138.
4. Automoblles €=357
In prosecution of truck owner who
rode in his truck while it was operated by
intoxicated driver, for unlawful operation
of a motor vehicle on a public highway
while under the influence of intoxicating
liquor, instruction that told jury that truck
owner’s guilt depended on whether he con-
sciously permitted driver to operate the
truck on the highway knowing at the time
that the driver was under the influence of
intoxicating liquor was proper. G.S. §
20-138,
or
Appeal from Superior Court, Yancey
County; H. Hoyle Sink, Judge.
Hal Gibbs was convicted of the unlaw-
ful operation of a motor vehicle on a pub-
lic highway while under the influence of in-
toxicating liquor, and he appeals.
No error.
Criminal prosecution under bill of indict-
ment charging the unlawful operation of a
motor vehicle upon a public highway while
under the influence of intoxicating liquor.
PAREN RTE StS Rigg SAE yeep etn.
Raced oi
Ss Sa
;
é
:
196 N.C. 44 SOUTH EASTERN REPORTER, 2d SERIES
227 N.C. 650
STATE v. STANLEY.
No. 75.
7. Criminal law €=444
A photograph used only to illustrate
the evidence need not be made by the wit-
ness testifying providing he can testify to
its adequacy as a representation of the
Supreme Court of North Carolina.
subject it purports to illustrate.
Sept. 24, 1947.
», Homicide C152, 253(3) 8. Criminal taw 473
In prosecution for murder by two In prosecution for murder, doctor
slashes of a razor which almost decapitated could testify to opinion that decedent was
decedent, the vicious, ferocious, and brutal lying on floor when decedent received
of the slaying engendered an in- wounds from which decedent died, where
farence of premeditation and deliberation “opinion was based upon examination of
distinct from the presumption of second-de- body and surroundings and professional
gtee murder by the intentional use of a knowledge of behavior of human body.
sadly wei i he killing and not
deadly weapon in the killing anc & Coteatead tier Sass
merged therein, and sustained conviction t
In prosecution for murder, statement
of embalmer, who in course of preparing
for first-degree murder,
body of decedent for burial examined the
wounds inflicted upon decedent, relating to
The Constitution guarantees to one ac- the nature and extent of the wounds, was
rime information as to the na- to an observed fact which did not require
sed expert testimony.
mannecr
2. Criminal law C=662(1)
Indictment and Information ©=56
cused of ¢
ture of the crime of which he is accu
and confrontation of his accusers. 10. Criminal law ¢=641(2)
Under the rule of superior court prac-
tice relicving court from sending for coun-
scl when the case is called in a regular
session, no duty is violated when court pro-
_ and, if by plea of not guilty accused ceeds without counsel when it does not ap-
the ensuing pear that the particular matter, because of
some unusual reason, demands presence of
Rules of Practice in the Supreme
3. Criminal law C264, 662(1)
The constitutional guaranty to one ac-
cused of crime of information as to the
nature of the crime is satisfied by arraign-
ment
puts himself upon his country,
trial by jury, in which he may confront
and examine the witnesses, satisfies the counsel.
guaranty of confronjation Courts, rule 27.
{1. Criminal law C641 (2)
In prosecution for murder, substitu-
The indictment and its return are no tion, at conclusion of evidence and before
argument began, of alternate juror in ab-
sence of defendant’s counsel, was not preju-
5. Criminal law C636(1) dicial where emergency requiring substitu-
Presence of defendant in court was tion arose after defendant’s counsel had left
not -necessary when indictment charging court upon afternoon adjournment and was
first-degree murder was returned by the tgo far away to be available and alternate
ad in open court. juror had been passed by both the solicitor
and counsel for defendant and was quali-
fied to take his seat when necessary. G.S.
§ 9-21; Rules of Practice in the Superior
Courts, rule 27.
constitutional
of his accusers.
4. Criminal law ©636(1)
part of the trial of one accused of crime.
grand jury ina body and re
G.S. § 15-141.
6. Criminal law C444
In prosecution for murder, photographs
of the body of decedent and scene of the
tragedy could be used to illustrate testi-
mony, notwithstanding — the photographs Appeal from Superior Court, Edgecombe
were not made by the person testifying, County; W. H. 0. Bargwyn, Special Judge.
where the witness testified that the photo-
ccurately represented the position
{ the body when found and
graphs a Lester Stanley was convicted of murder
and condition 0 in’the first degree, and he appeals.
its environment. No error.
STATE y. STANL
Gite as 44 E20 106. N.C. 197
This defendant, Lester Stanley, was tried one of them
-fen ; took the ba
ae i Belen ae the the other called Sire aie si
? an ; i
convicted of murder in ti oa dikes PO Rs ee ee
sentenced to death, and appealed. Parts ot a
the record and evidence sufficient to an un-
derstanding of the points discussed in the
opinion are summarized in this statement.
Shirley Stanley was found in the bed-
room of Ruffin and his wife, lying on the
floor beside the bed, in a grotesque position,
: ; one paj :
At the opening of the trial the defendant peq i reper, Shee a yo lying on the
- rom ear to ear,
moved to quash the bill of indictment be-
ay ; -- the blood in a pool
mot Saber poe cing ~ court when it clothing was a ante pny ae
overruled and defend Peete meee ee, Het le 4 : oP and
ant excepted. spread open No one et aikeee <2 pe
. ~ a engeas aN Stanley, and Shir- ter, but the body could be ead pats he
ey sans arried in June 1944, lived door. Stanley said: “Somebody has killed
Be r about three weeks, when defend- my wife. I hope I don’t find them bef
ee drafted for service in the war. you all do!” aS
ile he was gone a
das Sek D NMS AGT Swe to Spots observed on defendant’s overall
A AE Log Lara eptember 1946, which had the appearance of blood led :
wget ght eC, ee pre bsun - arrest and imprisonment. Ate as
a eee Ors next to that of evakss gai = at
e. Ruffin was a brick fater confi Ah Sate 24 SO
mason, and Stanley was employed by him a ae a © BN oven eae Sec
and tacking’ with. hike MECCA TORE oe on ee gave his version of the
ee : te , cumstances leading to <
i sae NB Se one seme ing the death of his mite sat hoon oe
hee a about five minutes walk. i pr aes Bidkaiied
é ning, when Ruffin got ready ; ee
to g0 on the job; Stanley insistell-that Wil. : aoe much repetition he told the officers
aa atin another See EO EPS G a e had trouble with his wife the night
ma ly a : : R wheelbarrow containing : i and became angry with her because
se a Shon 5 e6-'en thecehr with Ruffin ve eclined to have marital relations with
aod that : oul éonie ‘along with die Oy and sat up awhile, smoking. He chose
wheel Tow after them. Aa’ is ito Natt morning, said he, to “make up”
tothe ts : eft earlier for the laundry ch her. She repulsed his advances, told
nike oe was wot ing, he Gas thas-lok m to get out of the house, that she no
eo is wife and infant at the home. °78°F cared. 39 Tans and didn’t’ want to
ghbor woman came in and engaged see him again. During the course of the
eid in conversation for a short time and *™S™ent sie Jekt-the room. ‘amd returned
: with the razor. In pulling the razor away
from her, said he, her hand was cut. Dur-
ing the struggle he had his arms around his
wife, her back to him, with the razor in
his hands, and as he shoved her away from
him her throat was accidently cut. That
. ig? scared, went out the back way,
ES irew the razor under the hou yas
Sg ane’ so Mae bia: come to the the blood off his hands in a Ages i a
ee ty ~ oe ceo door locked ter, and got some on a handkerchicf. He
Re ghee oa * ree ade knocks buried the handkerchief, he said, near the
ees a series 2 cende agg. place where he was working; later he vol-
se : , a 2 . ‘eA 9 ~ 5
they saw through the door of a bedroom, ea at pt yk Reta ig i
Stanley arrived on the job at the Bab-
cock house about 45 minutes after Ruffin
and Rollins had gone to work, began mix-
ing the cement, and remained until they
were called to the Ruffin home by the po-
lice, reaching thereabout f1:30 o'clock.
2
Japan @FTM 10s SLH6T-TE-OT (equecespg) TSOn *xAydse SyoeTq ‘10eqse] ‘TAINVIS
Gd PYEBAAA King
S
a
ig
Ba
to a a a a
a
2
z
N.C. 44 SOUTH EASTERN REPORTER, 2d SERIES
a f evidence, defend
conclusion of evidence, .
The blood on several garments worn se ea Fopeeagc’ Weegee a
defendant at the time of the death was rs of: na haghon ete ae re
lyzed by experts and proved to be the for judg oa
peg gs hat of deceased nied, and defendant excepted. efen
2 ty that o ased. d,
Re MEE 1 the body also moved to nonsuit on the nee 3 tag
mea ie Le adie nethed <tae degree murder, nga was refused, an
as found, which the witne ‘ ee adat taeceted.
accurate representations, were, over de-
fendant’s objection, permitted to be shown
the jury, with the caution that they were
not stibstantive evidence, but could be con-
At the conclusion of the evidence and be-
fore argument began the Court excused -
of the jurors for cause, and megney 34 or
i i j een
: = ting the testimony. him the “thirteenth” juror who had i
aes hin aan ee ‘qualified as the statute requires, and a
oe alg ase sat with the jury throughout the trial. The
Dr. Norfleet, qualified as an expert, tee prisoner was present in court but his coun-
tified that deceased had two cuts upon the sel had left the court after adjournment
neck on both sides, lapping from both sides, <dawens nok present ot available, _Counse
which severed major arteries. Based upon 6 permitted to file objection and excep-
his examination of the body and its SUr- ion,
roundings he gave it as his opinion that de- Wan cunaics was ecerdet Aa ain Yeas ae
ceased was lying on the oor whet ae gree. Defendant moved to set aside the
2 * 1 oy ae ant y , :
peel eee ss ee ca verdict for errors committed on a ae
nbgectee aoe pane he at osaine which was denied, and er a
SF ET nos we © From the ensuing sentence of Geath, Ce-
e aj essel in : c ;
dhs yg Oe “ ei ro nape etd + fendant, having objected and excepted, ap
prin ticesaae wate et git ee a saled, assigning errors.
h or spurt out in quantities under the P® ’ 8 Age
ett a than he Harry McMullan, Atty. Gen., and 4. W.
and spray a greater area than he : fe SS an ghee
found to be the case, and particularly se ae ae gee mae ae apt
i i iately near, an oody, x é 4
bed and furniture immediately » an ; are
he found no such evidence of that condi- Cooley & May, of Nashville,
tion, There was blood on the floor, for fendant appellant.
i i on the upper part
quite a distance, but none ;
of the furniture, and none on the bed, which SEAWELL, Justice. :
was right next to the body, except atyh low [1] In view <2 ine voluminous iis
level. A major blood vessel, however, WAS 414 the number of exceptions taken ‘upon
cut to produce the amount of blood he saw the trial, it is necessary to EPR SES
erson's throat was CHL i se objections which counsel for
on the floor. If ap sa to ghote Obi |
; j ood vessel severed, the blood eo ave urged ppotk us. as HERO
and a major blo ' appellant g
would gush out before he could fall “s the iére’ scfloos “hature, However, it nus
floor, and in this instance sooo aN be understood that those exceptions not dis-
shown on the furniture or bedspread. cissed here or noted in the foregoing state
i an
William Parker, who owns a funeral ment have received ate see we
Tarboro and embalmed the body, have not been considered of su 3 aud
as an expert embalmcr, to affect the result of the trial. In limine 1
is proper to say that the demurrers to the
q idence, i ing i nonsuit
tem, testified that in the course of prepar- evidence, including the motion to mn
i rm body for burial he examined the the graver charge of first degree es ie
eatiits ! ‘ vc erly overruled. The evidence o
wounds inflicted upon the neck and throat. were a, Bats sn Fe
i v3 i ndan é
The neck was cut practically all the way the guilt ES = ¢ oF 0 pees ne
from the lobe of one ear to that of the oe are Sea TET eee eee Ss iiccaliee
incisi i j ar to give rl "
o incisions, severing both jugu tot Saher:
i F -ditation. If we pass over
i agus was cut in two, and and premec 2S
ty a ead in th ieckbahh: To ference that the defendant nursed his griev-
ae eo ” q ™ e % _ t
A ideeoe tate ance of the night before and vengefully re-
pressure
home in
after qualifying .
especially as to the human circulatory sys-
er, in tw
a
this evidence defendant excepted.
STATE v. STANLEY ; N.C, 199
Cite as 44 S.E.2d 196 *
newed it the morning after, and also in- by the: foreman. It may be assumed that
ference that he deliberately planned the op-. the practice has been preserved in the case
portunity and set the stage for the tragedy,. of capital felonies as an additional guar-
all of which point to deliberation and pre- anty that the requisites to its validity-have
meditation, the vicious, ferocious, and bru- been duly observed,
tal manner of the slaying—by two slashes oe :
: 2 4 ik [4,5] The indictment and its return are
of the razor which almost decapitated the :
AEs : . no part of the trial. The fallacy of the
victim—engenders an inference of premedi- Seunitat dae :
; : ‘ ce argume a yas 72 essary
tation and deliberation distinct from the 8 eS mee tee
: ; that the defendant be present at once ap-
presumption of second degree murder by ee
: : «pears when we understand that the indict-
the intentional use of a deadly weapon in : :
nage . a ment is often found before the accused is
the killing and not merged therein. State v. eck SP h ‘
: 2 “veh apprehe ; .
Attis, 227 'N.G: 371, 42 S.E2d 409; State joo reg es ese ae re
ave en " “
v. Taylor, 213 N.C. 521, 523, 196 S.E. 832; sho gees A haeie Pe tee rahi Pes
: . a U y. :
State v. Hunt, 134 N.C. 684, 689, 47 S.E. pote
49; State v. Bynum, 175 N.C. 777, 783, 95 Other challenges to the validity of the
S.E. 101, 103. From State v. Bynum, we trial which merit further discussion are:
quote: Objection to the use of photographs of the
body and the scene of the tragedy; expert
opinion evidence as to whether the woman
was standing or recumbent when the
wounds were inflicted upon her; testimony
of the embalmer as to the nature and ex-
tent of the wounds found upon the body;
and exception to the order substituting the
13th juror as one of the original twelve in
the absence of counsel. We discuss these in
that order.
“Tf this evidence satisfied the jury, that
the prisoner committed the homicide, the at-
tendant circumstances of the killing by cut-
ting her throat from ear to ear, beating up
her head and breaking her nose with a club,
the wiping of the knife blade in the grass
and the hands with buds and leaves, if be-
lieved was evidence from which the jury
could infer that the killing was deliberate
and purposeful, and not a sudden access of
rage, and such premeditation, if only for a The witness testifying during the objec~
moment, is sufficient to make it murder in tion said that the photographs accurately
the first degree.” represented the position and condition of
the body when found and its environment.
They were then permitted to be used to il-
lustrate the testimony, with the caution that
they were not substantive evidence. The
objection here is based on the fact that the
photographs were not made by the person
[2,3] Relative to indictment and trial testifying.
there are two things guaranteed by the Con-
stitution to one accused of crime: Informa-
tion as to the nature of the crime of which
he is accused, and confrontation of his ac-
cusers. One of these requirements is satis-
fied by his arraignment, and if by plea of
not guilty he puts himself upon his country
the ensuing trial by jury in which he may
confront and examine the witnesses, sat-
The defendant moved to quash the in-
dictment because of the fact that he was
not present when it was returned by the
grand jury in a body and read in open
court.
[6,7] In this, as in most other jurisdic-
tions, it is not necessary that a photograph
used only to illustrate the evidence be made
hy the witness testifying “providing he can
testify to its adequacy as a representation
of the subject it purports to illustrate.”
Stansbury, North Carolina Evidence, See,
34; Bane v. Atlantic Coast Line R. Co.,°171
N.C. 328, 88 S.F. 477; Roane v. McCoy,
182 N.C. 727, 109 S:E, 842; Gates v. Me-
Cormick, 176 N.C. 640, 97 S.E. 626; Haga-
man v. Bernhardt, 162 N.C. 381, 78 S.E. 209,
isfics the other. The exception seems to
_ pot to one or the other of these rights,
neither of which was denied him, Ina cap-
ital case the indictment is still required to
he returned into open court by the grand °[8,9] Reference to the reasons given by
jury in a body, or a majority of them, G.S. Dr. Norflcet (see statement, supra) for his
§ 15-141, In other cases it may be returne’ conclusion that Shirley Stanley was lying
‘sa
sai a
ae bi
DARA
Bait
ace
+ Pa MS a
S.
Me
ee
Seek
ee ee ee eae
EIGHT JURYMEN ARE CHOSEN -
(Special) % News-Dispatch.)
Southport, Oct. 2.—Eight of the
jury of 12 men who will pass ‘judg-
ment on the gullt or innocence of C.
W. Stewart and his son, Elmer Stew-
; art, charged with murdering Deputy
| Unitea States Marshal Samuel Lilly
‘and Detective Leon George, had been
‘selected at 4:30 o’clock, in superior
}court here, and trial of the case,, be-
‘ginning with presentation of evidence
i by the state, is expected to begin to-
morrow morning.
The courthouse was so crowded this
afternoon it was practically impossi-
ble to gain entrance to the court-
room, and interest in the proceedings
is intense.
Judge Henry A. Grady, of Clinton,
is presiding over the case, which is
| being prosecuted by Solicitor Weodus
Kellum, assisted by J. C. King, . of
‘Wilmington, ald R. W. Davis, af
+Southport. a are
-mer Congressman John Conegress-
- John D. Bellamy and son and Da-
0 os Mo IN STEWART KILLING TRIAL
vid Sinclair, ”" Wilmington, are de-
fendant counsel.
Both the prosecution and the de-
fendant counsel have been working
hard all day in examining the venire-
men, the regular jurymen having
been exhausted early in the day by
cvhallenges. '
The eight men selected’ as pubes
are:
Joseph Gore, Floyd Kirby, A. M.
Parker, Thurston Clemmons, Henry
Russ, J. E. McRoy, G..C. Lewis, H. H.
Mintz.
Up to 4:30 this afternoon the defense
had exhausted 18 of its 24 preemptory
challenges, while the state ‘had ex-
hausted three, leaving five for the}
prosecution.
One hundred and seventy of the. spe-
cial venire of 200 has been examined,
Jack Ramsey, held under $1,000 bond
as a material witness, is in the pris-
oner’s box with the two other defend-f|
ants, but no indictment has been re- |’
turned against him in connection with
the case, : - ‘
‘OCTOBER 1, 1924. “ND
=: ns a heen ee oe = aaa aera ee ere ae
rer ene cist Inia Aad de-teeel aad Pe
_ MEMBER: OF ASSOCIATED PRESS§ “>
Ce rae as & Pde
=n
COUNTY § CUR
ijsent and payment , ipa t
is suspended. se gate om : tf
@ | the court and solicitor: , But if: vat ana
{time within the fivé ‘yebra ‘trorh Octga
Reem | ber ist, 1924, this court.. Or: halteltors ‘
{shall so’ démand; eit an, “autyor gi _
; | writing,” it ‘shall - be: ‘the duty’s.of: hi
Stage Set. Tor: ayy LA ties jolerk to, issue caplas td ‘any: pe cs
ge mea {the state, where * defendant: may
‘and Son ‘Chal found, and he shali-be ‘corimitte ae ;
Jail “until said sentence. shall" Re ae
carried outs 87 Pe Lt bet vipat
ae ot | Vital. Step, a %
a ps Pe
2k
“( Spectal a, oR
oy Pace ny
‘ Bouthport, « Ost
: this afternoon ar
| township din’ rf
summoning the, "244
is
ed as one that rvill hréal’: up ” in, everys
way thé quot trafite 1h the Old Town 4
fsection, avhere ‘the twaelys colored pat+:4
|tiés were taken from, and-wher®, rer se
has been notorious imaking! ant hrepias ,
irig, and gendral Nquorntratfic. here’ ss
ee ee ee eden oo
case; which’ wilh Ba Ph are: those wha. say, that even. thls a:
“ perior court. ‘before tence will hardly ‘stop; eto
the ‘ Aomortoy who-have. engaged: in: th : als
es y. ‘3 that: they, are atte ie spe igh ted
within a’ few: mofiths, ba
ing thé five-Year term. ree ate ati yu
for the: deterigs expr Sd
watiefed: wit ementens
Marshal Samy SB iiup: the” gues + An
‘time Leon Georg , county, poe “a
‘Thetw. RB. "ana"
thopgh’ “‘geriously aected, 1
tand’ agein’® avis pala
have ‘rushed: ‘aworlt9a
yestorddy athrted”
* tor’ ‘their, Yves
: The: Brunswidk is Gt:
yesterday. returned eFics
the two $ te warts, 3
Wwaying Me hal, a [passengers and* “freight.
George}, wid boda we fe} sepelally. hélpful gaunt
‘Bob's bran by, a Evite 18 a as: ‘Nal “roe ag : “Were:
afternoon. of _July.,
> Solicitor 'Woodh
Yby RoW.’ Davis
onduct the. pr Sepa 3 8
Bellamy and son; Gracey sinel
of Wilmington, are: ‘counsel: LOK, Fic?
efendants and for Jatk’ Rams hs
is held under, $1, ge b nd as ae
rial witness. i
The ‘case of the “19 he
ants found guilty of Wigla ion
prohibition law, before vthe.
here last week, * enced’).
months on the roa
faken, came up atico
the case of 11,:one eqntil
slon’- was. entered; “Ey
pel plea ‘ot guilty, °é rt ade:
against one :defendagt, the samevtd)
epply to the “other. tén, ae followasi!
“Therefore it Is adjudged that the*d6=
eee round “trips. “were say A
ee} AccOMModatsé. the exo wdei
iy) |COUrt sessiotia the compen yew
= whatever, tripe: the: bublleanay,
COVE
“The above. court pred: te Aagardie :
\lowing day, while his. father was}:
ISTEWARTS TO FACE.
~ TRIAL NEXT WEEK
Cc. Ww. Stewart, grizzled and ' pic-
Hturesque resident of Brunswick county,
‘with, his son, Elmer Stewart, will face
‘trial in. superior court at ‘Southport ]
next Monday for the killing of De-
tective Sergt. Leon George and Deputy
U. S. Marshal Sam Lilly near Phoenix
on the night of July 29.
The Stewarts will be arraigned be-|
fore Judge Henry’ A. Grady, of Clin-
ton, who will convene the Brunswick
court for trial of criminal cases on
September 29.
While the state has not permitted
dts main evidence against the Stewarts
to become public, it is known that the
prosecution, will: bank heavily on the
jtestimony of an aged negro who tes-
jtifled at the preliminary hearing sev-
‘eal weeks ago that the elder Stewart
‘confessed the double murder to him
ee few hours after it occurred, and
;while posses and ‘officers were’ scour-
Ang the swamps for a clue to | the
‘slayers, \
‘Jack Remsey, who was originally
held in connection with the murder,
‘is now facing a minor charge, al-
‘though he may be called as a mate-
‘Flal witness at the hearing of the
‘Stewarts next week. !
* The killing of George and Lilly at-
tracted nation-wide attention. The
wo officers were’ found in their au-
jtomobile on an isolated country road
‘on the. night of July 29, both riddled.
with’ bullets and apparently dead for
some hours. :
George’s pet dog, an airedale, was
also found dead in the rear of the
machine.
Elmer Stewart was arrested the fol-
—
= nee.
{taken later. 7-A3-19.ay Ss
ND -— WILMINGTON NEWS-DISPATCH
S — WILMINGTON MORNING STAR
SPT Re ae
Ruse eain tho oe, Be
Ne Be ‘
HE WAS TOLD “GO SLO
| , ae: ‘ : MENS > : a Ne weye , - 4 4 fr. ‘4
err Dicken mae NR gc? {the night of the crime with guns} |~ uaa j
iat oe yin their hans. She sald at first that the | CONTINUED FROM PAGE OnE |
| elder Stewart had no visible meand of!
9 ‘}employment but jt was later brought
¥ Ing Worked on the oar cnt Penter, have STEWART WITNESS
ngton custom:
: r, house and also having bullt his own ;) ' '
. F RO. ‘| home which is one of the finest in his CLAIMS SILENCE PLOT:
Ai = iV section of the county, - rid —_ J
So me eee. -
—
ee
ky] It is understoog that the trial will 4 had sold. It was at this point that!
jrest from 3 p. m. tomorrow until Kennedy told of being approached by}
; . “ PR " “. a ‘ y}
Says He Heard Howls, | Monday pee a federal officer and téld to EO slow”?
’
~
ement, : / bin his testimony, if he would avoid un-
t
i " Cae! N ‘ +s
Shots, and Then Com. : ©?i1 | The courtroom was crowded and in- | D©cessary trouble.
‘ker >| terest wag high, but there was no ex-..| A number of other witnesses' were
plete Silence’
ate 1
” citement, .no local. persons being con- | Presented by the prosecution, much j
five, | Reeted with the case, and the scene of jf their testimony having to do with!
(Special to The News-Dispateh.)' «| the crime being distant from Southport, | the roads in the Bob’s branch re- |
Southport, Oct. 3..—An effort by an. The Stewarts are not well known here, « j gion where. the killing took Place. It}
unidentified federal revenue officer to ;./Mrs. C. W. Stewart, wife of the elder, | Seems that there are five roads lead-!
hush up part of his testimony ‘was in-|‘/; defendant, and two of his daughterg:;' ing down to the branch and the de-
dicated by Hoyt Kennedy, Phoenix \*., Were present as well as two sons, one'a.'| fense endeavored to bring out that a
{ storekeeper, a witness for the state.’ defendant, ee? "person other than the Stewarts might
ve
| here today in the trial of Charles’ W.»{ About 30 white and 20 negro witness- | have been able to ‘teach the spot}
| Stewart and his son Elmer, accused of.-|€8 were sworn in and a number: of*/ Where the. killing occurred without ,
the murder of Detective Leon George, ?/ habias sent out for more, “jet being geen. by anybody.
and Deputy Marshal Samuel Lilly. SET At the Preliminary questioning the\'| F Saw Defendants
“He told me I had ‘better go slow so"! fact of the death of the two officers ;| The prosecution's witnesses told in
as not to get myself into any trouble! wad admitted. W. H. Russell, first to. .| Most cases of having seen either the
unnecessarily,’” said Kennedy tn the, |take the stand for the state, said that.\| two defendants or the two victims in}
cross-examination following his sub<§|he saw Lilly and George pass’ Chinnis’;.;| the neighborhood of the bsanch ebout i
tstantiation of the testimony of W. H.*| store Tyesday, July 29 and that the fol- “| the time of the crime,
!Russell, the first to take the witness. | lowing Friday he met ¢ W.’ Stewart “| Those who took the stand were:
istand at today’s hearing. ee ¥ who suid he wanted to glve himself Up, Geneva : Garrison, ‘white girl, who
| Details of the effects of the aaa hearing that officers were seeking him,’ - Saw the Stewarts pass in a Dodge.:
a.
ie ete 2.
eee Sana
jupon the two officers were brought out Hoyt Kennedy testified to practically. Gertrude Sellers, negress, who saw
jin the testimony of Dr. L.. B. Farling;| Went out of house anda returned With! ay George and Lilly, and the two de-}
who performed an autopsy on their, | time and together they took Stewart to})! fendants. . Ernest Chinnis, white, who;
ibodies, A number of buckshot struck 4{ the house of a negro, Amos. Wallacg4 Saw’ the Stewarts. J. ‘Dp. Siewart,
George, six on tlie right side, below the )| Where Stewart told them he vould get*} white, no kin of the defendantz, who
Tight ear, one in the right “shoulder,.;; them a gun, as they did not have one, saw them pass his house at 6:30 p.
ard one in the center of the brain. Lillys,!to guard him. Wallace’ and: Stewart\] m. and return at/7:15 p.m. 4. rs
had three punctures, some of the. shot {/0ut of ‘the house and réturned. with ga Stewart, father of the previous wit-
from them being delivered to the wile) Pistol, :said Kenney. Then the: threes ness, who also saw the two alleged
@ Slayers. _Joe Everett, negro, and Cal-
H ton police forces by him, Dr. Far-/
ig Ag he fot Sal the way they tithes Sheriff F. Li Lewis, ¥ :vin Everett, negro, who saw the two
8 ‘8 (Stewarts. |"
ooper, the negro who lived: | to whém they surrendered ' Stewart.; 4% ta," |
f Don 4 I The last- witness was Jim Davis,
“negro. He testified that he had been
‘ # ito Wilmington the 29th, and on his
1 way home, his house being near Bob's
f branch, when about half a mile from
his destination, he heard eight or ten
‘shots, and shortly afterward heard
fan automobile Passing in anothpr road
;mearby. On account of the thick
/ woods, however, he was'unable to see
ithe car, he said. After going further
along the road he found the death
‘car with the bodies of the two officers,
;and the dog. He did not know who
{they were, he said. On, @ slight ele-
(vation nearby’he ¢laims to have seen
jtwo other negroes, one named MWooper
; They were lookigg down on _ the
scene of the tragedy. '
; The mofning session adjourned at
12:40, to resume again at 2:15.
ate, buteKen st
at, he\ had: solda
“Sithilar : gum>tiStewart»about ‘twot
xB eao.$, wa “unablds teudentity: the
4
Bubjahowh a being the game eh
fic entnued-on: Page meh 8
he was backed. up by Randolph Mc-;
Laren, another negro, who was with y
him at his home at the time.. Their.
testimony agreed as to the direction
of som of the stray shots, and Mc-%
Laren added that a mule hitchea in|
front of the house as the firing be-#
gan became frightened and broke ;
laway from its rone, . | ‘ f ;
a Death of” the
f Hooper also told of hearing some
‘one cursing and a voice tellin a dog
‘to “‘come here.”’ The dog howled and
then, he said, he heard shots and novo
‘more howls. am .
Mrs. W. H. Russell, wife of “A pre-:
‘vious witness who lived near the Stew-
art home, but now resides in Wilming- j
‘ton, told of being at the Stewart home }
when the two Stewart men came in
~"
OCTOBER 6, 1924.
'
JUDGE GRADY 2
WITH, AN IRON
10-(9°\FA9_WD
Jurist Forbids Verbal Spar-
ring and Views Business
Very Seriously ores
(Special to The News-Dispatch.)
Southport, Oct. 6.—The tension in-the
trin! of the Stewarts grows more’ in-
terse each day. The state with its
forces, attcerneys and officers sits. be-
hind one table at the left facing the
court, drawn in battle formation, with
an embankment of books and papers
before it. On the other side ofthe bar,
behind another table, are seen the men
on trial for their lives; a wife, son and
daughters, with their attorneys be-
fore them, as though warding off all
‘pessible assaults. Witnesses take the
chair with seeming calmness, but
‘when leaving usually present a wilted
appearance. The bold ones easily itell
their story, Then comes the gruelling
|examination, that often leaves the wit-
ness wondering if what he first told
is so, or what he really did say, after
passing through questioning and cross-
questioning. Such is the appeararice to
the spectators, and hundreds
during each session. A very live movie
exhibit, with consequences pending that
few of those looking on seem to re-
| alize.
In absolute control of it all is the
presiding jurist, Judge Henry A. Grady.
The remarkable absence of verbal
sparring between opposing attorneys is
noted by those familiar ig eourt
trials of such intense interest as this,
where attorneys are in constant war
of words, quite often of a personal
character,
a few hours when attorneys started the
war of words. Judge Grady, at once
Stopped the proceedings—‘Gentlemen,
to witnesses, or objections to make,
address the court. Everything will have
the sanction of the court, first. Attor-
neys will not make addresses to each
jother.” In the matter of the! immense
crowd filling the court room, Judge
Grady took positive action, and dep-
uties call down any levity excited
among the spectators by the testi-
‘mony given. Judge Grady said it was a
solemn matter, this .trial, and he
holds it so.
0
— a
watch |
The trial had been on but J
when you have anything to say, except.
STEWART JURY TO
SCENE OF DOUBLEM URDER
= a ‘
Relatives Officer George ea
sisted From Court Room
As Nelms ms Testifies
MYSTERY JIM SMITH >
KNOWN TO WATSON
Wilmington Poli Policeman Does!
Not Know Where He Is;
Last Saw Him In April.
(Special to The News-Dispatch,)
Southport, Oct. 6.—The jury trying
the case of C. W. Stewart and Elmer)
Stewart, charged with murder of Dep-
uty U. S. Marshal Samuel Lilly and De-
tective Leon George of Wilmington in
Brunswick county July 29, will visi}
the scene of the crime soon as
state concludes direct presentation ofe
its case, : “a
Decision that the jury should look:
over the ground where the homicide |
granting a motion = counsel for the:' t
defense.:
session! was taken wp with the’ tes-
ftimony of Detective A. A. Nelms of
Wilmington, who was on, the stand
when recess for dinner was taken. His’
testimony was largely of corroborative |
, character, and. in, a detailed way went |
thoroughly over the ground already,
‘covered by a nuthber of Witnesses. © ;
- Women Are Overcome, . ,
Detective Nelms told of his visit to«
‘Bobs Branch'on July 29, and of what
‘he saw there. He so graphically des-
‘eribed the position and the condition’
‘of the bodies of the two dead officers.
jana of the dog that women relatives ot
Officer George were overcome by their’
emotions. They were assisted in leaving:
the court ‘room by officers attending*
court. a
‘Nelms told of seeing the marks :
where a car with United States cord’
tired had turned around. He gave a‘
description of the marks upon the‘
bodies of the slkin men nd went into}
*. stand Saturday,
‘location of the car of the offic2rs who
itt had been.
occurred was reached at this morn- :
ing’s session of the trial, the court!
The greater part -of today’s courtal paging, “and that man was heavily*
PRICE FIVE CENTS.
WOMEN OVERCOM
sREPHLC ST
OF FINDING BODIES.
would be.,accepted as sonvoborative of }
that of previous witnesses. :
Officer Early, who was on the,
was recalled today.,
He testified that he took John Spill-.
man, Wilmington photographer, to:
, the scene of:the murder on the Sun- |
: day after it. There was no change
in the surroundings, except as to the
had been killed, he said. The car
had been taken'to Wilmington, but
he pointed out on pictures presented '
in evidence the placé where the car}
On cross-examination, :
Early said that. he had been tc the
scéne ‘but once since taking the pho- :
tographer there. :
_ “Killed a Hundred.” 4
Early was asked by defense attor-
-neys how many men he had killed :
whfle he was a deputy sheriff in Du-}
plin county. “Only one,” he eaid,
~
armed and had knucks on hig." 7
‘.Early admitted that he hid Filled :
a negro at Aulander, but after the |
negro had shot him three timer. The?
defense failed in efforts to”get Warly :
to admit that he had killed three men.*;
‘Pushed for an answer. to anestidan:
jiapparently designed to show BF
i man-killer,
Early admitted: tht e|
had probably ‘killed a- “hundred
but: _that was when he iwhs in. the
army serving in the. Philippines.” ;
f TObjectioh was made by. the defenke
to pictures presentéd, but it was over-3
ruled and Photographer ‘Syiliman4
took the, stand and'/idghtified them.
He also described taking ‘the Pictures
at the scetie of the miurder. . 4" “
°C. Ai. Geok, Jailer, ‘New Hanoveyy}
oo\intyy fief. thatyhe® was appoint
ators position of” jailer’ 1a9 De®
bet ig “time,
minute details as to “the distances !
leading from the branch to several?
nearby buildings that have been men-,
tioned in the testimony. While on thes |®
stand Nelms identified a number of%
exhiLits, - a
Objection was made by the defense $
to statements being made.by Nelms
regarding statements of other witness-,
es. The judge ruled that the evidence
cent
ete et
Ae
fe snl
Ht ith.
NSIT
/
4.
“an pul
CONTINUED FROM PAGE ONE,
STEWART JURY TO GO”
the cryptic remark:
“He would make 6 to 1; ‘any one
coming in would leave him thére.”” °
' The significance of the statement
vwas not revealed by testimony and it
remained to puzzle the court.
On cross-examination Cook testi-
fied that Amos Wallace had also talk-
ed with other white men in the jail.
He testified that Stewart was orderly
and made no trouble as a prisoner.
Officer William Watson. of Wil-
mington testified that he went ‘with
the squad to the place of the murder
‘on July 29. He described the scene,
and told of going to the home of the
‘Stewarts on the following ‘morning.
A number of exhibits, including gun
shell and a raincoat belonging to
Stewart were identified by Officer
Watson.
' Asked, on cross-examination, it he
didn’t know that Lilly and Géorge:
were hated, he said that he had never |'
heard of it.
Tells of Knowing “Jim Smith”
The mysterious “Jim Smith’ came
into the testimony again today. For |!
the first time, some one has said they
know him. Officer ,;Watson testified
that he knew Smith but that he
hadn't seen him since .last April, and
doesn’t known where he is.
Record of the preliminary examina-
tion was referred to to check up on
some of Watson’s testimony. This was
on a technical point as to whether
witness had said at the preliminary
examination that he “knew” or that
he “thought” as he contended in tes-
tifying today. The .record showed
that he had testified then that he
“thought.”
E. J. Hale, health department offi-
cer of Wilmington was called to the
stand to describe the autopsy. He
told of the number and position of
wounds found on the dead men. He
said that George had a number of
holes in his head and that it looked
as though there wa sa powder burn on
the right side of his head. He de-
scribed also Lilly’s wounds.
CENE OF MURDER} q
-p-( RYN that Stewart had made
RUNS COURT
| © SPENDS MORNING
ON CRIME SCENE
- Millie Hooper, Negro Wom-
an, Testifies As to Ap-
proaches Bob Bobs Branch
STATE'S CASE NEARS
| END; DEFEN SE READY
"UApproximately | 85 Miles of
Motor Travel On Poor
. Roads Proves Weatying
—
——— wunu owe
~ —_————
f _ (Special to MNeowetiepatch.)
{ - §outhport, Oct. 7.—Indications late,
‘'today were that when the defense:
' opens in the Stewart trial, prokably’
_ tomorrow, the defendants—C. W. and,
| ‘Elmer Stewart—will be called to take:
' the stand in their own defense. It;
was believed by those who have been ;
: ‘closely following the progress of the’
‘trial that the state will rest on its
direct casé by noon tomorrow.
: General quiet this morning, court’
‘ having moved to the scene of'the kill-
‘ing July 29, last of Deputy U. S. Mar-
isphal Lilly and Prohibition Officer
: Leon George, near Bob’s Branch.
' - With the return of the court, the
| defendants, the jury and others iden-.
tified with the trial
‘ about 2:30 this afternoon, the buzz
. of conversation, the suppressed ex-
“eitement attendant on the trial dur-
ing the last several days was again
,evident.. ;
All who had taken the trip, on
‘which some 85 miles were covered,
appeared more or lesS worn and
- weary by the morning’s experience.
, Dinner was apparently foremost in
, their minds as that was the first
*thing to which attention was given.
». Much of the going was over bad or
‘Indifferent back ‘roads, particularly in
ithe vicinity of Bob’s branch, lor sev-
etal of thosé in the party the ordeal }
“was a trying one, as some of the roads
leading into and out of Bob's branch
are Httle better than wagon trails,
The jury, traveling in the school
bus; was accompanied by Deputy
Sheriff Beck. With the prisone=rs, C.
W. Stewart and Elmer Stewart, and
Jack Ramsey, who is detaianed as a
material witness, went Deputy Sheriff
‘Westcott in another car. Several au-
tomobiles were required for the trans-
_ STEWARTS MAY TAKE
_ STAND IN DEFENSE —
to Southport |
7. ae the scene of the crimé-the. jury
-viewed its surroundings, noting care-
‘ fully the position of the stake which
-had been driven on the spot at which
‘the death car was found on th® day
of the murder’s discovery. Sevcral
of the approaches to the branch were
gone carefully over and the ground
was carefully viewed.
‘Inspection of the scene was enliv-
ened by several clashes of opposing
counsel, several points being raised by
‘the attorneys during the questioning
of negroes and others in the neighbor-
hocd on certain points in connection
with the layout of the land.
The chief witness examined on the]:
ground near the murder scene was]:
Millis Hooper, colored woman, living];
about 250 yards distant from the]
point at which Officer George and
Deputy Marshal Lilly met death., The
nature of the testimony by the Hooper
woman was of a tendency to indicate
that there were so many other per-
sons in the section who might .have
, committed the crime as to create the
‘reasonable doubt which a defense so
‘often counts upon to become a vital
ifactur in the setileinent of a case.
With the return of the court, which
‘to all intents and purposes was bodily
‘removed from Southport this morn-
jing, there was heard again specula-:
{tion as to when this trial will end.
; _ it was said this afternoon, ‘when |
3:30 that
‘court reconvened about
there was a bare chance of the state:
concluding the direct presentation of
Its case before adjournment this even-
Ing. It was regarded as more proba-
‘ble, however, that the siate will rest
‘by the noon recess tomorrow.
Then the defense, possibly after:
some argument on points which seem
‘certain to be raised, will get its case
‘under way in the afternoon. Just how!
Nong’ the defense will take to present!
fils case cannot be stated. Anything |
(that might be said in this connection
‘would be mere conjecture, it is point-
‘ed out. ,
i All through the hearing of the
'; State’s case, in which a number of
) additional witnesses have been called
\since’ the trial opened, the defetise
-has waged a stiff battle,
Objections and exceptions in large
number have been noted daily by de-
‘}fénse counsel, and when ‘the defense
_topens the battle will continue, with
‘counsel on both sides taking advant-
‘tage of every opportunity to strength-
i c;en its case. It is understood that
} lgome of the state’s witnesses may be
tealled to the stand by the defense,
f ‘and late today its was understood that:
' fhoth Stewarts will take the stand in’
tt heir own defense-
portation of the party. \
at hat
*‘Dfficer Early Testifies Con-
‘
’
"Sw al@’s
>
“> ' you were with down street, for you al-
'-o’clock on the night
( ing.
“have me in court soon, ‘but (Gea*Damn
nesses this morning and this aftér-
TEWART
8’ CASE
cerning Threat Against |
George by E. Stewart
(Special to The News-Dispatch.) ©
Southport, Oct.,4.—The state scored
heavily today in-the trial of C. Ww.)
and Elmer Stewart, father and son, :
‘who are being tried in superior court
here on the charge of slaying Deputy
United States Marshal Samuel Lilly
and Detective Leon George, through
the direct testimony ef Amos Wallace,
aged negro, who testified that the’
elder Stewart confessed to killing the
two officers on the night of the kill-
Ing and that C. W.,Stewart kissed him
goodbye.
The negro’s wife, Millie Wallace,
corrobcrated her husband’s testimony
in part, by stating that Amos told
‘ther that C. W, Stewart had confessed
‘the slaying to him that night. The old
negress testified that she awakened
her husband’ between 10 and 11
mt orn
the request of C. W. Stewart; that
she did not hear the conversation be-! q
tween the two men, but that her‘
husband aftérwards told her what
passed befween them jin the conver-
sation. She also told of feeding the
elder Stewart, who, she said, ate his
meals outside the homé,' for @eeveral
days after the killing,
Court adjourned this Athernens at
2 otclock, and will be reconvened by
_ Judge Henry A. Grady Monday morning
at 9:80 o’clock, Kight new witnesses
¢ ¥erg @worn in py the state ‘an. ag
Another high spot in the testimony,
today was the admission by formér
Prohibition Officer Early that he had:
sold ‘a 500 gallon ‘water boiler, with
& copper werm inside, to G. W. Stew-'
ert, Harly identified a nuthber of ar-}
ticles introduced as “evidence, and also;
told of hearing Elmer Stewart threaten?
Leon George after some charge in cour
had not beep proven. He said that Leon,
Geprge warned him to leave “the crowd
ways get in trouble",‘and that Blmer
Stewart ,repuleia to Gearge:: “You may
You, Ti have yeu, “toot”
” Following is a ‘simmanrseod ersion
of the testimony ‘ot the’ various wit-
nvon, vy to the time,court adjourned
until Monday.
Anos Wallace was the first to testi
fy. He said he lived at Phoenix 15
years, In Brunswick county 45 years.
Had been in jail November to Febru- |
;
ary last yenxr, the same time as C. W.?
Stewart was. On July 29, between 10
end 11 o'elock et night at his home,
. AGED NEGRO REPEATS —
ALLEGED CONFESSION
# sore
ED MONDAY;
!
of July 29, at!\.
»
6 eee
‘when he was aaleeb, “his wife” waked?
him up, told him old man Stewart was:
: down and wanted to see him, He went;
bois
‘to see him and Stewart
‘him he killed George and Lilly
‘half hour before, that threats had picts
{made against him, and as he went
along about 40 yards distant, he met
' George! and Lilly and they knew him..
} He opened fire with a shot gun and
f then. took a pistol in each hand. Lilly
i Jumped out of his car, ran behind it,
and he put a bullet in his forehead. He
then went to the car and seeing George
| apparently reyiving, asKed him if ae
pad got enough, and shot him in the
side of the head. Then he shot the dog,
looked around and saw Lilly and then
got in his own car and left.
On examination, he said that Stew-
art went off toward his own home
after telling this tale, Next time he
saw him was Friday, when Kennedy
#nd Russell called at his house. Ken-
nedy called him from the field, He was
shown a gun, a pistol in a canvass bag
and some shells, which he {identified as
having. been left with him to be called
for by Stewart. Kennedy said he want-
q@ to meet Stewart and take him to
the sheriff. He went down and brought
Stewart back. He inquired about the
‘pistol, neither Kennedy or Russell had
“one, Stewart sent Wallace out to get
, &@ pistol which he went in the house to
wet. | bi .
- ¥ Kissed Wallace.
Before they started Stewart had ask-
“ied Kennedy when he, Stewart, had been
given up to the Sheriff to return the
» Pistol to Wallace. “Stewart kissed rq
Pon the forehead, and said he hoped to
see me; again, I got the pistol back
Sunday. from “Lee Moseley. I gave it
‘pyto Sheriff George C, Jackson on Thurs-
«day of the next week,” .said Wallace.
' Defense’ examination gsked whether
} he had not. opetated an’ ijlicit still for
«George, and* Lilly
“four months,* had been arregted by
and’ served -four
onthe - “ny jail, "Wallace admitted ° it.
Asked, how he had met Stewart in dap,
e: ‘said hegro and* eh a “i prisoners
werd, ne Sabi sepa ated 3 bois ;
= ge
ieee? deh Wie
sank During: the time: he had knowh
-him far three or four years had seen
him o¢casionaly at Kennedy’s store,
‘over the testimony he gave before the
justice of the peace, which he claim-
?
4
mes
me the state. *s
There’ was some little’ discyssion’
f~The defense asked him es to what
the thought of George and Litlly who
thad captured his still, thrown away
{his mash and whiskey, carried him to
. jail and had him sentenced to four
months.
nthe, fame.” '
; Mystery Letter
y The ‘gtate in re-direct’ examination
; tendered a letter which’ it claimed
, that Stewart had written to the judge, ,
jthat Wallace’s term in jail might be
? lessened. Wallace said that some
“letter had been handed him to make
| fis mark on, he couldn’t write, could
fnot identify the letter that was
:shown,. ° s
Minit Wallace, wifé of Amos Wal-
-lace, next took. the stand. She testi-
yfied regarding waking up her hus-
; band on the night of July 29, between
+10 ,and 11 o’clock. Had not heard
‘anything that Stewart told her hus-
band, but afterwards Amos had told
her what Stewart had ‘told him about
he shooting. She said that Stewart,
. W., had come to her house the next
day, Wednesday afternoon, for some-
rthing to eat, which she gave to him.
Also on Thursday morning and Friday.
{This food Was eaten outside of her.
‘ house.
ty Steve Johnson, negro, identifled a
‘rain coat as his property. B. J. Lov-.
ick, white, said he had heen standing |
near the ferry in Wilmington Jast
June; and heard C. WwW. Stewart say
‘that Leon George’ had arrested Elmer
and he would get,him. On examina-
tion > “abla said. Leon George had
‘been good friend of his.‘ He did
not; know Stewart, but when he got
‘on .the ferry, ‘the ferryman said. that
‘@ man on the boat was Stewart.
When Stewart stood up’ in the court
house, the witness . was not positive
that he. was the same man, but
thought he looked like him.
my Beat ‘His Wife
BEL WwW. Willig; White, knew Lovick;
f*
wd rage
- emmmmermgegerags or tot
did * not know’ Stewarts Heard that
Gegtge was giving the Stewart fam/?
ily’ Fouble, and'jthat George had been}
‘threatened on. account of it: On ex-:
lamination by defense, Willis admitted
Mhaving beaten his’ wife, head been
bruoght up ‘ang aned.. ag a result of:
this act. ‘ " j
C. H. Hair, white, and Archie Free-'
man, ‘were brought up for character
‘witnesses, but were unable to give
any definite testimony in favor of.
some of the negroes ae had tentified |
Ss. J. Rowell, andiner characteri
witness, a justice of the peace, said:
he had known Amos Wallace for 10:
or 15 years; that, except for the
> whiskey, trouble, his charactsr had
been good. ;
. ‘The record of the preliminary hear-'
a
Ww eee -
d was not, true; statements credited | ‘ng which had been held before Jus-}
to him then, ‘he said today, were not!
true. He was asked by the defense’
if he and John Smith had not gone;
‘down to the river and shot George and.
‘Lilly, said he never heard ‘of Smith;«
id -not.know, shat, George. went. ‘to the?
dg or had shot at Smith five times!
‘while Smith was dodging, behind a
‘boat in the river. . iN
b The officers had’ come to,his home:
'three times, he-rsaid, and hd had seen,
ithem three or four times in Wiliming-.
ston, He said his relations with Stew-:
bart were only as_ fellow-prisoners ;
(while they were in jail at the same
‘time. —
tice Rowell was read, and he clainied|
corded, Quite a little controversy’
‘and the: ‘testimony of, others
Ht ‘O. Peters, Dr. F. M. Williams
and ‘Mrs. Gus Chinnis, testified re-
garding the character of the Hoop-,
ers, negroes. + .
Miss Lena’ Brew,
Chinnis,
acter witness,
att:
‘water of
but the defense raised
He said he “loved them just-
that it had not been correctly re;
egulteli among this testimony, esper,
eailly ‘regarding Wallace’s ——-4
Mrs.:
was presented as a char-'
Y ND
CON !
ee
quite a controversy when she testl-
fled as to the character of several |.
witnesses. The defense asked if 6he
jhad not discussed the -killing with
:Amos Wallace, and asked her if she |
‘did not say she would give $1;000 to
‘convict the. -Stowarts.. She ‘denied! it.
(° - Acrimony
‘ Ther@ was some acrimonious ques-
‘tloning back and forth between her and
‘the defense. It seems that some!
months ago there had been a disturb-
ance ins the neighborhood of Chinnis’
store, and from that grew up some’
feeling against her and the Stewarts:
and that the Stewarts had not been to
the store since. She was questioned
whether she had not written to the
Raleigh authorities about Stewart, and
also as to writing to George and Lilly
in this connection, and Bhe did not deny
‘these statements.
On July 29, she testified, that bee!
{tween 4 and 5 o’clock George and Lilly
jstopped at Chinnis’ store, and on cross
yexamination: by the defense said that
the,officers had the stiJl in their ag T
at that time.°
M. V. Richards was a character withs
ness for the previously mentioned par-
ties. Dr.’ Thomas V:' Moore, of Acme,
was also a character witness, and while
he was ‘testifying :the defense had
quite a talk with him as to the differ-
ent roads leading from the highway
into Bob's branch. A blue print was
brought out and placed on the wall be-
fore the jurors so they could under-
Istand this testimony;: ,° -
. W. W. Pearsall, of Rock Point,
‘identified the pistol as one that he
had won from Jacobi Hardware com-
pany four years ago, and that ho had
sold to Officer Barly. Superintend-
ent Moore, of the A. C. L. yards here,
testitied regarding character of wit-
nesses, ._
Sheriff F. L: ere of Brunswick,
Monday -nightt July 29,, and - from
‘there to Bob’s branch. He testified
that when he reached the branch he
saw the car of the © officers, that
George.was sitting in the front seat
-and was leaning forward. Lilly was
“back, of the car on the —_— st
isaid, ‘
ae Afraia of Bunch
t After Stewart had been brought
‘to him by a Wilmington ‘officer, he
‘heard Stewart say that, he yas afraid
of the Wilmington bunch, an1 that
if he was convicted he wanted the two
men, Russell and: Kennedy, to get the
reward. ‘Stewart teld him, he said,
that there was a big still near the
Fuller McRadgen home; that he went
there and found the still, 500 yards
.from where Cotton had told him.
; Officer Early testified at length as to
tnow Be left: WHmington and gct to
‘Bob's branch, the position of both of-
ficers, the position of the dog, and
;how the ear was shet up. He identi-
ified the hats‘of the two men, the rifle, t
ipreeh coat, canvas bag and some of |
‘the shells. He identified the pistol |
‘that he had bought from Pearsa.l and!
‘had traded to C. W. Stewart. He told '
of driving the car back to Wilming-:
‘ton, an@ that it was the same car that
‘is on exhibition outside of the Bruns-
iwick courthouse, .
; There was also talk of Stewart's be-
‘ing an expert shot with a pistol; that.
*Stewart, had claimed he could g0 out
(in the woods with a pistol and will as
many sqtirrels with a pistol as any
man could with a shot gun.
of the occasjon when Elmer Stewart
same months previously on leaving
| sition of the dead men.
Keheriff and: his deputies was heard. A
‘beon
{ the
;discharged on some complaint that
courthouse, when he bad
© hte not proven, met Leon George,
Standing outside, who told Eliner as
the left to “leave the crowd you were
iwith down street, for you always get
‘in trouble.” That Elmer réplied to
‘that, “you may have me in court
soon, but God .damn, I’ll have you,
“wpa I am prepared to paneie you
and will get you,” :
On examination of Maity by the
}defense, he testified that he ‘was on
}good terms with the Stewarts, and
: that the had visited their house four,
(times. He also told about having sold
.C. W. Stewart a 500-gallon hot water
: boiler, with a cojl ,inside. Further
“examination. was an exhibit of scat!
empty pistof shells, which he claimed |
he found in Stewart's car in Stew- |
art’s’ garage the morning following '
the shooting. ° j
RC. Fergus, of Wilmington, told |
of being at the Wilmington police;
Station on the night of July 28, about
‘being deputized and going over to
Bob’s branch. He described’ the po-
Ae peat George’s Nieces Present.
° Pwo nieces of Leon George were pres-
ent, during the trial.» \There: were also.
some aight addttional state ‘witnesses
lswornin difring the day...
Appreciation of ‘the han§ling ef the
large crowd in the court house by the
large: numbey- of” ladies. attended the
‘trial, and therB8 appears no’ sentiment |
one way “or the other, * ‘as2.praotically
heverybody. tesis,: het it-was womething:
‘shat. ‘happened distance, /The crowd:
fe: Parag drawn} hycurtosity. to. Be. &
said that he went -to Chinnis’ store |
; tryed; 6 Pe
an ‘aetive’ interest’ in all the poceei :
pings, especially the testimony ‘ot tl
rvarious fwitnesses . ~ .
*There ig no, indication as te whf@
the state will. complete its case, a %
though ‘it is thought that fully thr
or more days wiN be necessary ‘to g|'
in alli the evidence, both of the st
and the defense,
The following testimony from
earlier edition of the News«Dispat
‘today, was introduced at the:triai to
late yesterday afternoon to get int
16. paver at that time, > |
|. . Many Witnesses Saw Them >
‘* A number of other witnesses were
introduced by the state in the after-
noon to build up its case by showing
that\the Stewarts were seen at or
near the scene.of the crime at the
timg. it was supposed to have been
committed. Their testimony, given
in summarized form, follows:
Aland Lillie Hooper, colorad, tes- |
tified that he saw an gute pags their
"heme on. July 20, 3"
Annie ‘Hooper, eolored, testified
that she lived in*the same ‘field with
Jim, Davis. ‘July 29 she Baw eae
with two men and a dog in. it pass
and go’ towards Bob's branch. Heard
shooting, was; . frightened and. went
jnto the house. : :
Maggie Greggs ‘colored, testified she
|:Bob’s branch, and towards the river.,|
Ife told ‘after the shooting.
lived three-quarters of a mile from’
On July 29 about night, heard shoot-;
ing and a car stop. Heard car On
ing out from Bob’s branch, v
Newkirk Sutherland, colored, tegti-!'
‘fled he.was at home at 6:30 p. im”!
July 29, and. was jin his house until:
Did not see any”
‘car or person. Thought 10 to 18}
shots were fired. On examination hy |
defense, said that the time between
the first and 1 lpgt Shots was one min-
ute.
Mandy i dle dr, colored, was =
home July 29. Iernrd shooting - at Ff
Bob’s branch, heard car going hog ;
no others that night, On examination f
said she lives 150 yards from ‘the
‘branch, on‘the side towards the river.
From first to end of -shooting was
about five minutes.
Ernest McFadgen, white, was: at
-home at 6:30 p, m. on July 29; jre-
mained in the rest cf the night. Went
to bed between 8:30 and 9 »v. m:;
heard nothing; was about ee
ters of a mile from the branch. Passed:
by ‘defense; ‘we
George McFadgen got home at int
‘set July 29; wentfover to Fuller Mc-
‘Fadgen’s, about 500 yards, took shot-
gun with him. This was after sup-
per. Baw Dodge car with C. W. and
‘Elmer gtewart come from MBob’s
branch, this at 7 p. m. On exam-
jination, stated it was three-quarters
of a mile away, but heard no ehots
,at that time. On examination he
jstated he went home_a little later,.
Further stated that in passing C. W.
Stewart spoke to him ks usual.
L. M. Williams was at home at
6:30 p. m. on July 29, Saw GC. Ww.
‘Stewart and son pass in Dodge cary,
land saw them returning at 7:15.; :
1 Rohert Willigm, colored, on nitions
‘noon of July 29, saw C. W. and jhis
‘son at bridge near Kennedy’s_ hss
lcoming from directicns of McFadgen
‘road, in Dodge car, this between 7
} «
jand 7: 30 p.m, i
Retha Person and Esther Grady,
‘colored, sald they saw the Stev arte
‘coming from MeFadgen road »n suid
129, about 7:30.
Nothing Unusual
F. T. Henderson, on the afternoon
of July 29, saw George and Lilly!
*passing, going towards the branch.
e was picking beans in his yard and
yheard shots, but not plainly. Saw
‘Dodge car pass ten minutes after ‘the
Shots. He lived about three- -quarters
to a mile from: Bob's branch, : On
examination, said he‘ saw nothing
unusual in Dodge passing his house..
' Douglas Williams, colored, on af-!
{ternoon of July 29 waz at Kennedy's,
store. Saw Elmer Stewart go in atore!
,to get some money changed, and the
“went tow ards his home, Time shout
:7:30. On ‘examination, when aske
‘how he knew the time, said | “
‘guessed it was 7:30.”
Samuel, Shaw saw Elmer Stewart
at Kennedy’s store about 7 to 7:30
the night of July 29. On examina-
tion could not tell whether, it was 7
or 7:30 when he saw him. .
BE. A. Caney said he was at his fill-
ing station the night of July 29, about
five miles from Chinnis’ stere; closed |:
at 8 p. m.; saw Ford truck driven
with two in it; too dark to te!l who
they men were; next day saw same |
truck with Elmer Stewart and Will
Inman in it. e
Will. Inmant said he had asked a
man for ‘a lift” about 8 p. m. July}
f29. Could net tell who man was, too
dark, Man acted nervous.
} Lee Moseley, colored, said that
Hoyt Kennedy had given him a Pistol
‘on Friday after the shooting to carry
‘to Amos Wallace. He held pistol] at
home, and Sunday following, Amos
ealled and got it. ‘
r
ee ee,
4
ae
a ao
ia i , OCTOBER 8, ee Or ait
Stewart rt Trial ‘Halted es
ae | At 9:30 it was announced that Jue)
APIA ee, ror Mintz was not in condition to |
; _4 serve and recess was taken until 1:30
pa when again it was reported that ‘nisl:
{condition was such that rest and med-''
, {ical attention absolutely was essential., ,
: j Again court recessed, this time until
i 19:30 a. m. Thursday. ‘A
Stenographer’s Notes Questioned . |
: Whilé there was no developments ;
a iM in the trial today those who have;
i “<¢gathered at Southport - continue to *
discuss the case and the varied phases!
Jof the evidence so far;presented. The: :
_—_—_.-
' 4 stewart trial ‘is the chief theme in’!
Condition of of S. Fi Mintz Mg conversation here and in the sur= .
m \.g rounéing country. aon
uch That Physician De = Considerable interest attached to},
i
' ‘clares Rest Essential ‘ 4 the examining: of L. M. Mott, court ste-''
| DP pte tg) at Tuesday afternoon's: ;
3 session, when he was questioned asi |
COURT TAKES RECESS °° 4 to the possibility of having erred in| |
TILL 9 -30 TAURSDAY.. Wj transcription of notes on the testi-‘!
mony heard in the preliminary hear-- ;
oP lin, a
Question Bearing On —. : ' Mr. Motte was asked if he had not \
.,. di) made errors in the stnographic rec- }
inary Testimony By A. | ak ords of the case.’ He asserted that ’
4 tend j he had not; that if there was any er- |
Wallace Answered TEE i ror, it was typographical, and not in 3
ae {i his notes. There were times, he said, “
XSpecial to Thence 4 5 when he dictated in _ transcribing |;
i} stenographic reports and thers was °
Southport, Oct. 8—Trial of the q possibility of errors in typing or.ly.
Stewarts, charged with the mur- | mal No Mistakes in 21 Years | i
der of Leon George and Deputy . In 21: years, he declared he had not.! |
United States Marshal Lilly last. igs made a mistake in his stenographic ; |
HS ork; his. work had never been ques- ,
July, which began last leah tas de ; tioned before on shorthand notes. 4
. was halted today.
al
) ;
“he a Questions specifically directed to ,
There was no session of the . a> va
—
the testimony of Amos Wallace were j
Brunswick court either morning ijthose under discussion. They related :
rE “ylto that part of the testimony in ‘
or afternoon, because of the ill- x which Wallace told of -“old man 4
‘ mess of S. F. Mintz, one of the
: Stewart” calling on him on the night’
jurors, who is suffering a mia-,
of July, 29. One question referred to
laria attack, according to Dr. ‘Jy: was that in which Wallace was asked: |
« M. worette, who ig attending him. es §
j
:
‘Who, was there” 4
“Him and’ Elmer,” the record }
showed Wallace answered.
The examination had particular ref-' 3
“jjerence to that question, to establish ;
“giwhether or not Elmer Stewart was j
with his father at the time that, Wal- i
The illness of Mr. Mintz ended alt
somal bility of the state resting ea
as had been anticipated, and: ‘the:
prosecution may be unable to ¢lose its’:
direct presentation before Friday,
‘unless complete rest for a.day brings » =: lace claimed he was. ; ; F
‘about improvement in the juror’s con- Mayes The examination ha ‘]
se “Any one else?’’ was the next quese ,
@ition. +
: Long Trip Contributed 0
’ The long trip through thé” Intertor~” nt
of the county on Tuesday to the scene’.
of the crime near Bob's branch is ‘be-» ° |. ;
lieved to have aggravated and to have:-
‘speeded up an ayproaching malarial
illness, for the Reors and in fact
most of the others making the trip
were well fagged at its close.
It was a weary party that reached
tion, and Wallace's reply was “No
jsir,” establishing the fact that Wale}
jlace was certaain on these polnts-
when the enalnary eximination f
‘was’ had. , :
f Indications of Baw ee opposing |
jcounsel are fighting in the Stawart
jcase ha sbeen plain throughout ithe
jtrial .
Southport after some 85 miles of bad 4
riding at 2:30 p. m, Tuesday. The 4
illness of Mr. Mintz developed during — =
the afternoon and when adjournment. 4
was taken hope was entertained that
he would be well enough to stand thd
strain of service that already is be- 4
ginning to be apparent in the jury’ . 4
box.’
fr
DETAILS HIS MOVEMENTS ON DAY
Pi eee oct
‘
o-o19
Mp %t
__. AND NIGHT OF DOUBLE MURDER
FIRST KNOWLEDGE
OF CRIME GIVEN
|
‘Accused Declares That He
Doesn’t Know Men Who |:
| Told Him of Killing
DENIES THAT HE
KISSED WALLACE
iWas Whispering Thanks For
Bottle of Whiskey; Ap-
pears Cool On Stand
— —. -.
(Special to News-Dispatcn.)
Southport, Oct. 9.—C. W. Stewart
who, with his son, Elmer, ts 0 trial
in Brunswick Superior court for the
-killing on the night of July 29 of
Deputy United States Marshal Lilly
and Prohibition Officer Leon George,
took the 'stand today in his own de-.
fense,
Though he was stiffly grilled by the
prosecution on cross-examination, he
Sstoutly maintained the story told on
‘the stand in which he described in
‘detail his movements on the day and
‘night of the crime and the few days
following before he was placed in
custody.
Stewart took the stand shortly af-
ter the defense opened. The state
rested at 10:10 a. m., after court had
been in session little more than half
an hour. Juror Mintz, whose {iilness
prevented session of ‘the court on
Wednesday, appeared in beiter health
;and the court at 9:30 decided to go
On with the trial.
As to Stewart's Testimony
The first witness was Sheriff Jack-
‘son, of New Hanover county, who was |
recalled to testify with reference tc
preliminary
certain points in the
trial. Particularly he was asked .
about testimony by the elder Stewart. .
Sheriff Jackson said that he had no i
notes on the tesimony of Stewart at ;
that time, but his recollection 1s that |,
Stewart said that Elmer drove the car :
Stewart, did the ,
and that he, CG. W.
shooting.
Lewls Tindall, deputy sheriff of
New Hanover; W. 8. Cook, dispiteher
lars, of Southport and A. M. Beck,
now a Brunswick county dcputy
sheriff, and Sheriff Lewis, of Bruns-
wick, also were on the stand for a
few moments cach to testify as to
HIM BY NEGROES
‘
for .the Atlantic Coast Line: &. were
a
‘that statement, which each hed un-
derstood C. W. Stewart to make when
arraigned before the magistrate at
Phoenix. ,
Defense Scores Point
The state offered the automobile in
Which George and Lilly were slain as
“evidence. Defense Objected that as
the coroner was not present and had
not been at Bob’s branch when it
:was there, it should not be admitted.
The objection was Sustained,
'fonse scored again when the court
took up the evidence that had been
recorded at Bob’s branch when the
Scene of the crime was visited on
, Tuesday. !
Testimony .of Maggie Hooper, one
of the negro women living in
-
Deg .
the ©
vicinity of Bob's branch, was Stricken ,
from the evidence. The jurors also
were instructed to disregard ‘anything |
that they saw when they looked up
the hill at Bob’s branch. Defense
also objected to testimony given at
the scene of the crime Tuesday by
I. R. Early and A. A. Nelms. The
objection was sustained. . .
The state then rested on its direct
case,
Train Passed at 12:10 A. M.
Defense opened, reading the names .
of 28 witnesses. Iirst called to the.
Stand was Train Dispatcher of both
the A. C. L. and §. A. L. at Navassa,
who testified that the Seaboard train
Passed at 12:10. 4. m. on July 30, or
ten minutes after midnight of the ©
29th,
Defense then moved that Since the
state had not used Jack Ramsey as a
witness that Ramsey be discharged,
as the defense wanted him as a wit-
ness.
“Objection
counsel,
was made
which said that
by state’s
Ramsey
would be called by them later, Court ©
, ordered that Ramscy continue to be
held as witness. . ;
Following brief conference asidé
with the defendant, the defense called
C. W. Stewart to the Stand. 6." ) 0:
Stewart's Story. ay
Stewart, who is slightly deaf, spoke
in a tone of voice slightly harsh and,
loud, but clear enough to be easily;
heard in all parts of the crowded.
| courtroom. His answers to questions
were distinct. They were given with-
out hesitation, though there was an
occasional pause on some of the
questions, as though he were making.
certain that he understood.
He said that he was born in Vir-.,
ginia and lived there until 12 years |
of age, when he moved ty West Vee
ginia, settling later at Oak Hil, in!
that state. He went to Salem, Va., in;
1907, and two years !ater ty Cascade, |
Va. Stewart said that hs went to
Wilmington in October, 1912.
His occupation, he said, ‘was car-
penter, and he named several piaces
in Wilmington where he had worked.
Among them was on the custom-
house job, where he worked on the
interior. Stewart testifled that he was
'
!
'
a member of the Carpenters’ union
|
and one time chairman of the Senior:
Mechanics; the Golden Eagle, Odd
Fellows, Junior Mechanics and also
the Wilmington Trade Council, of
which at one time he was chairman.
Until he hak been crippled, he
said, he was in good standing in all of
these organizations. He moved to
Brunswick county about seven years
ago.
“Did Not Kill” Them
“Did you kill George ani Lilly or
abet or know anything about their
killing? Stewart was asked by the
defense,
“No,” he declared.
“Where were you at 3 Pp. m,
July 292”
“At home; and I stayed there until
6 p. m., when I went to Fuller Me-
Fudgen’s house, near Phoenix, with
Elmer, to look at a still.” Stewart
added that he had found it too large
and had left it there.
He: continued that he returned
home at 6:45. He said that. he went
toward Chinnis postoffice and Kenne-
dy’s store. He described the roads’
and homes cf the people on the way. |
Asked if he had ever done any
barber work, he said that he had cut
W. W. fiussell’s hair on the Satur-
day before the killing. He said that
he did not know of Russz'! having
been in his home on July 29.
Stewart said that he stayed home
till about 11:30 when’ he went down
on
‘|the Packing House road to @ negro
ball ground.
; First Heard of Murder. {
There, he said, he saw two colored
men. They said to him, he testified, |
that “they were talking at Chinnis’
about him (Stewart) killing George
and Lilly.”
This was the first intimation Stew-
art had, he said, that the officers had
been killed.
Stewart fixed the time as shortly
before 12 o’clock at night by the Sea-
board Air Line train passing Phoenix.
He said he did not know the two col-'
ored men he was talking to. He said
that he had not gone to the home of
Amos Wallace that day or night.
Asked why he left home at ij
o’clock at night Stewart Said that he
had gone to find a still. There had
been some trouble at Chinnis’ store, |
he said.. There seemed to be two’
gangs, and he was going to ‘find a still |
to expose them. He told of a boat
trip taken in his search for the still.
Oould Have Killed Others
He said that he knew officers were
after him on the murder charge, and
told. of two cars passing him so close
that he could have killed them easily,
if he had wanted to kill;
On Thursday morning, following
the murder, Stewart said that he saw
Amos Wallace in &@ fleld and that he
went over to him and asked him to!
g0 to Hoyt Kennedy. He said Amos
said to him: :
“You ought not to come in here.
The county ig full of officers.”
“Why?” Stewart sald he
asked
Wallace,
a ee in ere sl la
jue hicvel Visita thre prlaace Where bye
art told hia the still was cupped Peotsaael
a stil, about 300 to 400 yards from |
J ‘ ‘Fuller McFadgen's house. 4
T ay Witness suid that Stewart had told:
| ° BY is SIA im } him repeatedly that he had not been ,
j, at Bob's branch, Cotton sald that hei
u ? - reached Bob's branch about 1 o'clock |
1
on the morning of July, 30, night of
(0-10-1924 ND
the murder; there was uv crowd there
Several Witnesses Recalled |
10-9-|4a4 ND. DEATH
EE EN ITD
- ,CONITINUED FROM PAGE TWO.
a S
-C. W. STEWART ON
STAND IN DEFENSE
“Because you've killed George and
and that probably between 75 und 100
cars were there between that and
morning.
Didn’t Talk to Leon George
Bill Gaskill, of Wilmington, testified
Lilly. They have already arrested ; ,as to the cHaracter of Elmer Stew-
Elmer and others and taken them to This Afternoon As State | art. On cross-examination, 12 de-
Southport,” Stewart says Amos told clared that some time before’ the
Nears Close
murder when Elmer Stewart was
as leaving the courthouse in Wilnming-
ton and when Leon George was stand-
END OF TRIAL MAY | ing near that Elmer did not apeak to |
COME ON SATURDAY ; or talk with George, as previous tes- |,
‘ !
timony has it.
George Crandell, of Wilmington,
also testified that Elmer Stewart had
not talked to Officer George on that
occasion.
L. B. Register testified as to having
worked with C. W. Stewart at Swift
-and company’s.and said that Stewart
had qa good character at that time,
Tom Merritt, colored, of Wilming-
ton, told of meeting Amos Wallace
at the Wilmington market one Sat-
| urday. He said Amos had grapes
for sale and asked him why he didn't
him.
Stewart said that he again asked
Amos to go to Kennedy’s and “phone
to Cotton at Southport to come out
and arrest me.” :
“Why didn’t you give up to New
Hanover county officers?” Stewart
was asked. ;
“Because I was afraid.”
Didn’t Kiss Amos Wallace
Asked why he gave his gun to Amos
Wallace on Thursday, Stewart said
that he had gone to Wallace’s house,
and that as it looked like rain, asked
him to keep his shotgun. :
He had eaten at Wallace’s house
only twice, Stewart said in answer to
another question. He said that Ken-
nedy came out Friday morning and
Score of Witnesses Present-!
ed By Defense During
Morning Session
(Special to News-Dispatch.)
Southport. Oct. 10.--Chances
for the Stewart trial ending by
Saturday night brightened late
‘today with the estate presenting
witnesses in rebuttal, the defense
ae mee
thats he: t hi having rested ‘after consenting | buy some to make wince. Ames also
ha . wen gg Pee —". aM to viewing by the jury of the told him, he testifled, that he could
Stewast o& ” e told Amos death car. on which motion to bring him some whiskey on the next
to keep his shotg:a and shells and not
give them to anybody but his family
or to Cotton or Lewis. Bea ae
“Did you kiss Amos Wallace on |
leaving him?” ‘ :
“No,” Stewart declared.
plained: ;
ly shook hands with Wallace and |¥
wished him well, and then stopped ©
over and put my left hand on his
shoulder and whispered in his ear. I
said ‘Thank: you for that bottle of
whiskey.’ ”’
Never Confessed Crime
“Did you ever confess this crime
exclude it was evidence was @v-
idence was sustained by the court |
two days ago. At the same time
the defense presented mans and
records of the preliminary hear-
ing as part of its case.
It is probable that Saturway will
» be given lover to argument ond
that the case may get to the Jury
during the day. '
if he wanted it.
Merriment is Brief
On cross-examination the state
asked Merritt if he knew Amos Wal-
'iace. Wallace came forward and was
{dentified by Merritt. The slate also
brought out the fact that Merritt
Saturday,
He ex-
sosentasinaie
‘had been up before the recorder in
Wilthington on liquor selling and
“skinning’ charges twice.
Ed Weston, colored, Phoenix, told
-of having seen Sheriff Jackson and
other officers. They had visited his
_home for information, he said. con-
’
(Special to News-Dispatch.)
Suuthport. Oct. 10.—With the ap-
pearance of principals on the stand
_in their own defense out of the way,
alee sco anc! with the defense moving ‘its cerning C: W. Stewart. He said he
other witnesses rapidly before the had never seen Stewart and Aics to-
to anyone?” jury, indications late today were that|. gether. He said the officers also asked
trial of the Stewart. case may be
ended with thé close of the week.
The’ number of women who are
yew iningling with gpectaters ot the
courthouse, the number of objections
raiscd by both sides and the cheer-
fulness of the two djccused appear
outstanding features. '
The. defense called,to the stound a
-number of ‘witnesses, who had been
put on by -the state. Cross-examina-
tions were severe and with varying |)
him if he’d seen Stewart with guns,
‘and asked him to let them know if he
saw Stewart. They also asked him
-why he didn’t try to catch Stewart,
and that he told them he was “too
scared to touch him.”
‘Weston said he had found the rep--
utation of Amos and his wife good
before Amos:had gone to jail on il-;
licit whiskey charges. This wes on |
** cross-examination, during which some
merriment was caused by reference
“No.” t
Stewart explained in regard to El-
mer, that he had said shortly after |
the killing that he had rather take all
ithe blame himself than see Elmer im-
plicated in the murder.
| In regard to dealings with L. R.
‘Early, Stewart said that Early told
; him he had a good copper coil for a
still. He said he had bought it from
Early for $20, Early to deliver it. He}.
=
said the deal was made at the Orton
hotel in Wilmington. Stewart said
the still was delivered at his house
several days later. He said Early had
visited his house several times with-
in five or six weeks before July 29.
Stewart said that he knew reward
of $1,300 had been offered for _ his
capture and conviction, and that he
had said when he had been delivered
by Kennedy and Russell to Sheriff
Lewis and Deputy Cotton, that Ken-
_nedy and Russell should get the re-
ward.
results,
lars. .
Cc, Il. Cotton,
Brunswick county, was first crn the
stand today. He went over particu-
lars In connection with what, Cc. W.
Stewart had hold, him about Chinnis
and Shaw making whiskey. This
“Was about ten days before the mur-
der, ihe said, and- Stewart wanted him
to cateh Chinnis. Cotton said he told
Stewart he would get him if he had
th eevidence.
Tells of Finding, Still
On September 20, in Southport jail,
Cotton testified, C. W. Stewart told |
him that he was on the road when the
men were killed, but the nearest he
had been to Bob's branch was (ieorge
\efodsgzen’s: house, Cotton said that
some of the stories told be-
ing modified in a number of perticu- |
deputy sheriff of |
to the church’ disciplining Amos.
the court.
stay
-apology for dealing in whiskey.
plained blue
for the jury.
Couldn’t Hear Hollering -
Franklin Green, of Southport, who
Laughter was quickly quelled by
Weston said that the church disci-
plined Amos, but that they let him
in the church when he made
Marion Harriss, of ‘Wilmington, ex-
prints and a map of
Bob’s branch and roads leading to
and from surrounding territory, and
pointed, out objects shown thereon
was at Bob’s branch on Sunday, Oc- |
the ground and described the
Yriddled tree.
‘tober 5, said that he had examined
shot
Cross-exdmined, he said
‘that he. had visited David Hooper's
house with Attorneys Medlin and Sin-
|
roe
i
_WO-lott2t ND
PA FE T EN j ,
CONTINUED F1 FROM «aes ONE.
STEWART ‘DEFENSE _ |
RESTS ITS CASE
|-
clair. Jle told of the dutkise of steps
to reach different points.
On re-direct examination Greer
said that while he was at the 'Hccper
house he was unable to hear any
hollering ‘from the vicinity of the
murder scene.
Recalled, Marion Harriss ‘testified
that he had been at Bob's branch last
Sunday when Greer and Sinclair were
at the Hooper house. He said he had
raised his voice jn varying tones’ from
moderate to very loud.
Some discussion of semi-technical
character on. voice waves and “wind
directions followed. There ‘was no
wind at the time, it was asserted.
Jury is Sent Out
There followed a period dvring
owhich the jury was sent out from the
court room that the' court might get
a line on the,.character. of the evi-
dence the defense expected to get
from Ben Harrison, colored. ;
. Afier Tlarrison answered a few
‘questions in which the defense ap-
peared to be trying to show that be-
cause of the killing of Jim ifill, a
negro, in the Bob’s branch section by
Deputy Marshal Lilly ‘some rnonths
ago, there was considerable feeling
-against him and other officers. The
court ruled agninst the defense on
_this score. Exception was noted and
the jury recalled. :
L. D. Hilburn, Brunswick county
coroier, wos ques.ioned as to the
character of che soil at tre seane cf
‘ne crime. JJe said it wns dry at
the branch except where the ceath
car had stood. There the soil was.
-ynoist. This was shortly after the
murder. He further told, on cross-
examination,yof pulling the staple
from the door of the Stewart garage
to. get in to search it for evidence. :
Rebuttal Begins i
J. B. Stanley, of Bolivia, who was
a member of the coroner's jury, said
he was at Wilmington on th2 night
tof the murder. He told of going to
‘the scene with others, visiting the
Stewart home, and told of the pulling
off the staple on the garage door, to
which, he said Mrs. Stewart gave
‘consent aga she had no key.
> He told the search of the Stewart
;ear and of finding cartridges under
;a cushion. The question what was
found in Leon George's pockets, was
ruled out. Stanley’s testimony cov-
‘ered considerable ground already
‘-presented during the trial.
State’s cross-examination brought
out the fact that while Stanley ad-
mitted holding a number of county
offices, he said nothing of having
been postmaster at Bolivia and of
now being under bond under charges
of embezzlement of postoffice funds,
After consenting to the death car
being viewed by the jury, the ‘lefense ;
re
i
‘in the’ .heands wr 12 Brunswick,
10-11-1424" ND
_ Their Lives Hang In
The Balance
Sw ere
*
i ie? Aerie
s
4
Larger photograph. shows C: W.
‘Stweart, father of Elmer. Stewart,:
derneath. Their fate’ will be ‘placed |
_eltizens | tonight unless. unforseert
; circumstances arise;
,
‘who is. in the smaller’ ‘picture un- -°
rested and the state this afternoon ,
was calling witnesses in rebuttal.
(8 ee PE Se
*
: 3-19-1728 ND.”
OF Eee ee ret ee
5 S0-GALLON STILL
FOUND NEAR HERE
Deputy Harrelson and
Brunswick Officers
' Locate It
A, 50-gallon gas drum whiskey still,
with @ copper worm and four barrels
of corn mash, were destroyed yes-
terday afternoon by Deputy United
8tates Marshal I. D. Harrelson and
two rural policemen within a mile of
Bobs branch, Brunswick county,
where Deputy Samuel Lilly and De-
tective Leon George were clain jast
July.
“There have been 50 we 75 whis-
key stills, mostly of the tin type, de-
stroyed in the Bobs branch section
since Lilly and George were killed,” i
: counts. His father C. -W. Stewart and
“andyet there are more stills in’ oper-, ‘his brother Elmer, under sentence of
said Mr. Harrelson today, and added,
ation in that neighborhood.”
Fred Edge and _ Bishop Sullivan, .
_county officers, assisted him in mak-
ty)
4
: an assistant attorney general,
°
8.
r
-
8
.
3
i
t
!
STEWART APPEAL
{
fi
|
ing the raid.
os fORANEWTRAL
Will oa ee Tomorrow
Before North Carolina
Supreme Court |
Arguments for a new trial for C.}
W. Stewart and his son, Elmer Stew- |’
art, sentenced to death after trial on
the charge of slaying Deputy United
States Marshal Samuel Lilly and De-'!:
tective Leon George, will be presented |.
it
4
‘
i
tomorrow before the North Carolina ;;
|
supreme court by former Congress- |.
man John D. Bellamy and David Sin- |,
clair, attorneys for the defendants.
The state’s side in the appeal for |,
a new trial will be represented by
it is
stated. The defense is appealing for
a new trial on the grounds that Judge
1
i
¢
(WILLIE STEWART
GETS 16 MONTHS
UN FOUR-COUNTS
Pleads Guilty and is Sentenc-
ed This Morning By:
H7-988 Judge Horton
Justice AS its toll this morning on
the first of the three members of the
notorious Stewart family of Brunswick |:
county to face court on St. Patriok’s
day when Willje Stewart was sentenced |,
by Judge J. Lloyd Horton in superior
court to 16 months on the county roads
iHenry A. Grady, the trial judge in
| the Stewart case, conimitted a re-
; versible error in permitting the ex-
\¢
|v
|8
amination of witnesses by the prose-|t
[Sore after court recessed when the
jury visited the scene of the killing, |c
at Bobs branch, Brunswick.
~ —
* BWTPRIOC
{
It
¢ Much to do with his crimes and
inspired his hostility towards the law.
“Your conduct, however, has been
| way if you do not watch yourself.”
on terms of four months each for four
| death for the murder of Leon George
and Samuel Lilly, today will have their
fate settled by the highest tribunal in:
‘the state when the Supreme court re-
lviews their appeal,
k Willie Stewart was charged ely oF
Itwo assaults on a female, assault with
a deadly weapon and resisting an offi-
oer. He pled guilty all counts, throw-
Ang himself on the mercy of the court.
‘The state introduced several witnesses
+to show the character of Stewart.
‘Blanche Ramsey and her aister,’ Tina,
112 Ey ~ eprerere
e
GOVERNOR ALMOST
“CAVE LIFE TERS
OTHE MURDERERS
Then The Brunswick Men
Confided In Commission-
er, Sinclair Says
THETWOMENTO - ~—s}
: DIEON FRIDAY |
Elmer Killed Sam Lilly
Father Slayed Leon —
George
Charles W. Stewart, 51, ad-
_mits that he killed City De-
' tective Leon George.
‘Elmer Stewart, 23, son of
C. W. Stewart, admits that
| he murdered Deputy United
States Marshal Samuel Lilly,
| the two officers having been
slain in Bobs branch, Bruns-
| wick county, July 31.
‘told how he knocked ‘the latter down ,
,and dragged her about 20 feet. Tina, |
; however,
:cers testified that he was a “bad char-|
“acter. "
Mr. Bellamy made a strong plea for |
his. client; saying that much of the.
evidence tending to show “bad chat-—
‘acter” was hearsay, and that the un-
jfortunate situation of the Stewart fam-:
ily required the suppoprt of the son. He.
;asked for a short sentence so that the |
‘youth, who gave his age as 19, might |
‘be enabled to aid his mother. Woodus }
‘Kellum, district solicitor, pointed out
that most of the crimes charged against
ithe boy had been committed after his
‘father and brother had’ become Involved’
« in their trouble and that he was not
‘Ukely to do anything to help them.
' Judge Horton told him to “sit down”
and not bé too hard on a man who had
‘pled guilty. Mr. Kellum replied that ir
‘something was not done to Stewart,
“there will be a funeral within 13
months,”
Hostility to Law.
The judge declared he believed the
feneral attitude of the police and so-
clety towards the defendant, on ac-
‘count of his family’s reputation haa |
‘dreadful and shows a wilful disobed-
‘fence to law.”
He fhen sentenced Stewart, saying,
“In my judgment your father and
brother will sooner or later be electro-
‘cuted; and you too will wind up that
admitted that she wags his .
“sweetheart.” A number of police offi-'}
Unimpeachable information
, was received in Wilmington
this afternoon that both de-
fendants confessed’ to the
murders yesterday morning at
8 o’clock, at the state prison.
They meant to kill when
, they left for the scene of the
* killing, both admitted, it is
“stated.
‘The elder Stewart, in his °
' eonfession, admitted that he
\ , used a pistol in killing Leon
“George;
“Elmer, eqoordtag to his con-
fession, used a shot gun, in
_ taking. “the . life of: ‘Samuel sy
> Lilly. i!
the Airedale ter-
“Baby”,
rier of Leon George, was kill-
ed by C. W. Stewart after the
two officers were dead.
News of the confessions was recety-
ed in Wilmington Isat night by Wil-
liam M. Bellamy, member of defense
counsel, from David Sinclair, who tele-
phoned his associate attorney that had
it not been for the admissions by the
defenfants, that he was practically
oertéih the governor would have
gYantdd commutation of one or both
men, }
pt a
OCTOBER 11, 1924.
TON gee
MEMBER OF ASSOCIATED | PRESS
ia =|
ia
0 BE AT END Of
=
en
Pas = Iie is WL Terre ser ne, pet eee nae we oe “
Second ‘Night Session ° 0:
Court Since Trial Began |
i, lo Mark Close” ‘utd
RAMSEY NOW HELD ©
ON LIQUOR, CHARG
, _, Fire of State ”
pt if te
(Special to News-Dispatoh.)" S a)
Southport, Oct. 11.—The fate of. th
jury tonight, unless there is so
hitch in the proceedings in Brunswick °
Superior court during . afternoon: oa
night session. '**/
Argument of counsel for. ithe: ‘fed.
fense has been completed and thal
prosecution is nearly finished. “his: ®
Woodus Kellum. '
Indications were that thais atte
attorneys would ‘consume yirtually’
all of the four hours of the afternoon.
session, and that then recess would ”
be taken by the courtfl during which
Judge Grady would’ prepare Es his,”
charge to the jury. :
‘is to mark the’close'of the ele venth,<
day of the long siege that it has. been
revidences of the '
P Wearled, them: 3% ;
» . Trial Hard Fought .
~ Court . will. probably _
tabout: 7? p. m.}« cand: with, perhaps: a
‘few preliminaries, there ‘will-; pegin’
Judge Grady’s charge. There. is no:.
jstrain | thas "
fi
ably is that-it's presentation: wall. be
quire an hour, more’ or less, | ay a
The trial has been hard fought? on ‘
both sides, but there has been admit-.
;ted nothing that was not pertinent,
‘and the oharge wil clearly set forth
'the facts in law and evidence which -
ithe jurors are to consider an arriving .
fat their verdict.
ARGE OF COURT”
{taining much of the cheerfulness that * cr fy
"ee yesterday afternoon and’ last night.-
}isaw them smiling with a semblance of f
~DAVOF ARGUMENT:
Stewarts Lose Some of Com , ‘
posure Under tate on wo
<4 sion.
Stewarts will be in the hangs of thy ie
afternoon there remained but. sews: e
to be heard—John D. neramy and: ‘i
oa
The second night session of the sane
at
‘for the jurorsy. several of whom:s8 ow.” a
-retonvene’ :
ndicatjen-as to“itealength, ‘but “prop ~~ “
hear wuts the Stewarts,” ‘father ahat
‘son, who stand under charge of hav-
ing slain Leon George and Deputy ::
Untted States Marshal Lilly, are mains:
has marked their last few days: Un=-
Jlost some of; their composure, “but ;
4 confidncee for acquittal. 1
y Score “Bloodthirsty Officers.” +”
4° Defense counsel scored in their ar<.
-|gument, the ‘“blowdthirsty New Han< |
over officers, seeking Vengeance upon .
| because Leon George and Lilly were:
jkilled. The testimony of certdim —
istate’s witnesses was attacked, the.
“Jphysical condition. of
4 elder Stewart, the alleged jl)’ féeling °
vjother cfforts to create: a, reasonable ©
{doubt as to the Stewarts having coms’
The State's argument was opened:
“Ja portion of Friday afternoon's ses-
ae For the defense Daye Sinclair.
“4followed, continuing through the re-~ °
¥
‘iwell into the night | session,” with;
Alonzo Medlin concluding spout’. Aq
jP- m. !
“Mold Ramsey on Wikis: Charge
a
f
Ision.
Jack Rawisey, who had been held.
‘{;with the Stewarts as a material” wit”
Jness'and who, it had been expected,
= but who ‘was not, ‘used by either*the
% {State of the defense jthough the. de--
‘fense indicated a. few. days ago that:
it wanted him as a’ witness,. has been,
*: discharged in the Stewart case. e
Ramsey was approved by the court
ay Friday afternoon Solicitor Kellum.
caused him to be held on charge .of -
making ane Sen ues whiskey. ‘
ws
¥
{the heads of an ald man and his;son,”!:
‘the icrippled. , |
‘}of negroes for officers in the section ay ‘
;where the crime was committed, and. |. :
“<j}mainder of the afternoon session and’
gthe state would place on the stand. y
“PRICE FIVE CENTS
{der the withering fire of the‘ad~ 9° \'!
dresses of state's attorneys they have |. |
mitted the murder, ue a
by James C. King, who spoke during . ee
State. forces begah the conclusion § ©
‘of argument when court convened ate. %
1? a. mh. R. W. Davis and: William, ce
3ellamy- peneunine the morning ses, |.
eet
dad
th
Immediately after motion to release: ™ _
hay
DEATH. CAR HORN
sun 94 a G, MYSTERY
16- 11924 police who were on duts
at headquarters yesterday are unable
to find any material explanation for
the continuous sounding of the horn
on the car in which Leon George and
8. W. Lilly were’ murdered in Bruns
wick county. last. July. i
* By strange coincidence the horn be<
gan blowing shortly after 9 a. m. Sun-
day, at, 80 near as can be ascertained,
the hour at which the jury returned
its verdict in Brunswick court finding
the Stewarts guilty of murdering
George and Lilly. The,horn sounded for
some time before the sounds were lo~
cated, and continued for about a half
hour before connections with the erst
tery were broken. :
‘It was as though spirits of the singin
had retnrned to the car to sound the
horn to signalize that justice had been
done, }
FATHER AND SON *
TAKEN AT ON rE
andl podest nana
- _ tence Was Given
|EXECUTION STAYED
For Death, 60 Days Al-;:
_ lowed to File Exceptions
» ara Oct. 13——(By keeosinaal
” Press.)—-C.: W. Stewart and Elmer
occupying .cells in “death row?” at
They were found guilty of mur«
der in the firs
seant. Leon Ge
U. S.
e¢ j/and Deputy .
Marshal Samuel Lilly '. in
Sn eer eae
see a4 'e ree ee
(Special to’ News-Dispatch.).
moonshiner, and Elmer Stewart,
_ his son, for the murder of Deputy —
- United States Marshal Sam Lilly”
- some time later, probably in chet
- granting of 60 days, on ‘motion: -
of the defense, for filing a bill of |
‘exceptions on the notice of. up-
p peal Perey.
Sinclair. ae
i Both condemned meén -werd on’
Henry A. Grady,
county Superior court Sunday:
afternoon. They were taken in
an automobile by Sheriff aie
As the court. pronounced the sen-
the elder Stewart remained caim. His
stoic bearing, whith had marked the
‘trial consumed, was
younger Stewart, or an instant
seemed to -have lost his composure,
his face paling and the smile he had
worn
through ‘the trial
Quickly the smile returned.
Will Remember Day.
statement of Judge
vanishing,
‘The Grady,
which preceded the pronouncing of
‘| sentenee,
made a deep impression
‘. X i Delt
tence, meaning. death for their crome,.
course’ of the eleven days that the:
iapinaings The,
. Southport. Oct..’ nee 5 ee
November 28 was fixed as the.
date for electrocution of ©. W. ©’
Stewart, aged Brunswick county.
ruary of next year. wet
Execution was stayed by the E ‘
.. their way to the death house at. ©:
* Raleigh within an hour aftersen- : |’
' tence was pronounced by Judge °’
in Brunswick:
_ and deputies of Brunswick... : “ a
BY APPEAL NOTICE,
November 28 Set As Day,
}
Stewart, father and sop, sentenced |
at Southport yesterday to the elec -
,tric chair November 28, today are .
“}emn .crowd that poured
;| courthouse.
} and in whispers.
. the state prison’ here. They were. °
brought to Ral¢igh last night, Wk
degree of Sers
Brunswick ‘county, July 29. se Ae
se ka
and . Detective Sergeant Leon : af
‘George, July 29 last, execution’: ~
-'of the Svewarts jvill not be until |
exo
- aes ee owe at
—TODEATH HOUSE &
Started On Way. to Raleigi
| Within. Hour After. Sen- -
Pie wadies to aes aren
~ every person within ‘hearing. It
deplored the. existence of disregard
for law and warned all who violatt or
who cdntemplate violation of law of
dire consequences to come, not only
to them in punishment, but to others
in tragic suffering.
among court statements; the words
of Judge: Grady, is printed elsewhere
in The News-Dispatch today.)
Southport long will remember Sun-
day. It was a day, whose mearning
held all in tense expectation and -
whose afternoon saw’ that tension
[arene for the flood of comment which -
agreed. .a, fair trial had been given,
| that - justice ‘had been done, that the
law again had triumphed. -
At’ 9:15 a. m. Sunday, as agreed if
the jury had reached a verdict, the
courthouse bell rang. It was a.sol-
into the
The jury, worn and tired to (eXpres-:
auantens features, filed in.
“Gentlemen, have you reached a
verdict as'to hoth prisoners?”
; ‘We have. 9 ‘ $ : A 1G
K “What, is ser" : : ; f
’The Verdict Prag
“Guilty of murder in the first ae
gree, with the Pankey ate a of the
pee, we sate
Mena oe a
‘
4
mercy of the court.” ee ie
wend 3 oS ne
és
one
a hotleh as led Mids Badia Ws + ee
fee Jitorn. after -dismissal,,
‘The answers. were given’ in a -sup-.
pressed voice. ~ Every * juror looked
haggard. A-son and daughter of-the
elder’ Stewart ‘were ovérqgome. and’
leaned against their parent.
j.as to their verdict: ’
.~* “Tt 41s ‘not necegsary for me to say,
jurors. could not: have rendered any
©} othér verdict. To ray. mind the case
has been conclusive in every way as
{to ‘the guilt. There” has been a
‘tendency in Noftth Carolina to lessen
|.crime’s effects, to find mitigating cir-
cumstances. © “J thank you. This has
been .a most mémorable case “among
all « that have been tried “in ‘North
Carolina. You have done your duty.”
. ‘The. counsel for prisoners asked for
a noll. of the jury, ‘all: stood:and e!ther
apdke, some were too overccme to
“speak, , 80 podded, ‘but it was, .al) af-
firmative. : ‘
Judges. Grady" “said, Ke: ‘would not
‘the -prisoners’ counsel
afternoon would sult them, _to which
consent “wae: given. *
How Jurors. Stood’
, talked. with
a
.Your.. correspondent .
ce . ‘ .
wife of C. W. Stewart, at the close
‘of the arguments,
jher chair next her husband, .and ut-
(This masterpiece |}
Few words were spoken, ;
‘involving the crime of murder;
,of ‘testimony on both sides of the
jcase,/ and while taking an hour and
jseventeen mintues to read, was most
tconcise,
yreview that had to be gone over with,
jthe testimony of,a hundred or more
(line, Ba TAD SU AAA ote
Sunday anorfilog wea taken, Sundiay
morning, anothor ballot was taken
which vas unanimous as expressed in
court, of guilt of both father and
son,
‘Incjdents in the court room became
increasingly dramatic.. and intense
Saturday as attorneys for State and
defense made their arguments. The
air was full of feverish words during
the arguments of John D. Bellamy,
for defendants, and Woodus Kellum,
for the state, which closed.
It may have been this. ciashing of
sentence which finally. overcame the
who arose from
tered some incoherent words.
Impulsive Act of Son ‘
This action of his mother was the
only thing that had caused Elmer
to spring from his seat, to go to her
assistance, an act. which Jidge Grady
said had no bearing on the case, but
was an impulsive act of a son who
thought some one had offended his pmmacecmocmcomem
mother. ' It was over ih a moment.
It was the last appearance of the
mother Saturday night, recess being
taken about 6:30 until 7:30, there be-
ing but one woman present during
the charge of Judge Grady to the jury
at night, she being on the state’s side.
Judge Grady's charge was one of
the elearest, in presenting law points
in
noting the high and prominent points
‘considering the amount of;
witnesses, and with eleven days of;
hearings. ;
1»: Charge Was Impartial © }
t
braxeW faced” just’ natural,” as’ though T]
manner
affected.
cin RO...
the crime
rs
ed. lll a a lh wn Min es
‘
look
as they
men
ad
them. Handcuffed and moving to and
from: court.to jail, the same expres-
sion, until. many could hardly believe
that such .a crime could be commité¢
ted _b
|
|
‘af either side felt that here and
‘there {t was favored, so much«-more-
: The judge than addressed ihé dee: i
gentlemen, he said, “your duty as\
‘pronaunce sentence .then,. and. -asked:
if 2:30. that
for the charge. -To your correspon-
dent; it was distingtly impartial. It
theld. the, crowd that filled the court
(oom. Immediately-- .after Judge
rady' finished the jury retired. “
"This meant nothing to-the crowd,-
which lingered on, some going home,
ie intervals as the hour grew: later. 4
loo
» “or. as
-fne jury sent out- word just tise
11 p. m. that they might be granted |
permission to retire fot the night, as
they were fagged out,*and they look-}
ed’ it: It: was their hour, and two
lives were in their hands. "They had
listened to hour after hour-of fierce
arguments, their minds must almost
have been in a maze. “Rest was not’
merely need but demanded, lest.they
succumb.\ Flesh and blood had -stood
the limit.
The ‘great cuietadiing feature of
the entire trial has been the iron
nerve shown by the prisoners. Your
correspondent was in the ante-room
with C. W. Stewart and son, Elmer
for about an hour on Saturday, where
they | had gone to stretch.their limbs,
and get a drink,of water.
, Calm After Eleven Days
The son sat on-a_ high seat, ' and|
talked easily and naturally on a num-,
‘ber of subjects. The father paced
the room, but with no exhibit of ner-
vousness. Neither had ‘the ‘solace
hath... Se
oe up told the same story, to the ef-!
fect, that Saturday night upon retir-
ing to the jufors’ room,:a bal'ct ‘had:
been taken, with ten for first de-
gree murder, and two wanted more
== sought by most men at such intense
momients, tobacco. Neither smoke or
ichew. ' Here were two men, middle
‘age and- youth, father and son, with
‘the electric chair or freedom con-}
‘fronting them, yet there was no sign |,
of a hair turning, a twite h of a finger, |
ked .-questions in
the court
‘Bob's branch
>.
ae
a ~a
—— muscle of the face moving.
.
correspondent has never ‘looked upon
such nerved men.
room.
voices that fifled
-
t..been stolid _or,
°
ete mare ation hiee Sammt b
have no
‘a
ne
And th
Many years of experience in trying
scenes in court rooms, and yet your
g scene at
Se a eee
-witness .or attorney
as
And this same calmness has been
eirs for eleven’ days,.when those
looking on- have .become uneasy in
their seats,
testified to the sickenin
|th
|
'
oo qe, Pease
iy ’
Stewart Case Appeal
Comes Up Tomorrow
|-23-19 |
Settlement of th® statement of the
case on appeal in the matter of
State vs. the Stewarts will ba dé-
cided before Judge Grady at his
home in Clinton tomorrow, Solici-
tor WoodusS Kellum representing’ the
state’ and William Bellamy of the
firm of John D. Bellamy and
law
sons, and David Sinclair, the if de-
1 fendants. '
The defendants appeal. the first
degree murder verdict at Southport
last September and the present con-,
{ference will be to determine what
portions of the testimony objected
Se
3LI29 NDWILMINGTON, N
SIOCKADE YOUTHS
A
2 eee.
Willie Stewart, Son of C. W.
Stewart, and Two Others
to will be given the supremé court
for review. ag re
pose wit
WILLIESTEWART
PETS NINE MONTHS
Convicted On Four Separate
Counts In Recorder’s —
Court
led ba
Nine months on the roads in four
separate ~counts were given Willie
)Stewart, son of C. L. Stewart and
; brother of Elmer Stewart, convicted
!slayers of Leon George and Samuel
Lilly, in recorder’s court this morning.
| Two separate cases of simple assault
{brought terms of 30-days each, to run_
{one after the other, the charge! being!
charged from assault on a female. A|
count of drunkenness resulted in 30;
more days on the roads when he was
lunable to pay ia fine of $10. Assault!
i]
| montis, to be served after the expira-:
tion of the previous terms. On January.
12 he was charged with being drunk.
and disorderly and spent 30 days on.
the roads in default of $10 and costs,
He was arrested ‘last night on Mar-
ket street by officers Cox and Cas-
teen when he was seen to te in a
drunken condition. He entered the po+
lice automobile without resisting but
attempted to escape shortly after the
car started in motion. He was sub-
dued after a struggle. A revolver was
found in his possession. He ts also al-
leged to have shot Robert Revill in the,
foot, earlier in the evening. He is a
‘member of the crew of the U.\S. coast’
~~
guard cutter Modoc —
at’ , ety 5 BER Sef
RRS 2
me ee Sees ne
*
with a deadly weapon netted him a
ee
In The Plot
MADE 2-FOOT HOLE —
‘IN CONCRETE WALL
‘All Three Were Being Held
: For Superior Court On
Other Charges
i ietolnap inne
{ An attempted. jatil-break at the coun-
ty stockade was blocked Thursday
when three youths were trapped in a
hallway after they had broken through
& concrete wall of their detention
room, it was revealed today by Jailer
Carl Cook. Willie Stewart, son of C. L.
Stewart and brother of Elmer Stewart,
convicted murderers of Leon George
and Samuel Lilly, and two fellow pris-
oners, Lonnie Powell and Malcolm
Lewis, were brought to MRécorder’s
court today heavily chained and
BShackled, charged with breaking jail.
Their case was continued to. March 18,
to await the outcome of their trials in
criminal term of Superior court thp
week after next. .
According to Cook they” broke a
window frame, removed a weight, and|
using it as a battering ram pound-f
ed a hole two feet square through a|
concrete wall Thursday afternoon. |
They were not interrupted in their)
work. Thursday night they went
through the hole and found themselves
in a hallway that was so well blocked |
‘off that they were not able to find
an exit. They returned to their de-|
tention room, where they are képt with
jsome five other men, and when the
rhole in the wall was discovered they
confessed the plot. - ,°@ *
' The three prisoners are all young
men and are regarded as dangerous
characters by the prison authorities.
Stewart is held on several counts, in-
cluding assault with a deadly weapon,
attempted escape from officers and |
carrying concealed weapons and has a |
prison record. He recently completed
‘a term on the county roads. Lewis and
‘Powell, and a third boy, who was turn-
‘ed over to the juvenile court, were
arrested in Columbus county for
‘stealing Charles Finkelstein’s autorry)-
‘bile, among other charges. They are
‘suspected by the police of several
i
‘4
aes
other auto thefts and storebreaking.
FOILED IN ESCAPE
‘| Will Plead For a New Trial
~ FROM DETENTION,
13-10-19
’ ¢branch and. tha
; the slayers of Deputy United States
| tective Leon
} last July.
+i ee aD
BELLAMY URGES
STEWART. APPEAL
_ For Father and Son
Next Tuesday
aS
Argument for a few trial will be
J
-| made Tuesday in Raleigh before the
North Carolina Supreme court by
| former Congressman John D. Bella-
my, who will contend that the trial
judge permitted the taking of testi-
mony outside of court before the
jurors after the court had adjourned
for the time being in the case wherein
C. W. Stewart and Elmer Stewart, :
father and gon, respectively, were’
convicted and sentenced to death as
Marshal Samyel Lilly and Police De-
eorge, who were led
in Bobs branch, Brunswick county,
Mr. Bellamy stated today that he
felt certain the Supreme court would
grant a new trial for hig clients, who
are now in the state penitentiary,
their executions having been auto- |
matically stayed by the appeal from,
the sentences imposed by Judge;
Henry A. Grady, of Clinton, the trial]
judge. we
The attorney said that in the past :
the higher court had granted new
trials on the ground upon which he
is pleading for another tria] for the
Stewarts. He asserted that the jury
in the Stewarts’ case were conveyed -
to the scene of the killing, and that .
Judge Grady had adjourned the |
court, but that during the adjourned
period of the court several wit-.
“nesses were examined at Bobs
f t he, John D. Bella-
imy,. chief counsel for the defense,
eto not present during this examina-
‘tion, ; ‘
i.
NER STEMARTS
PERNT APPEAL |
1B NM
¢-(6-(725_wD
David Sinclair - ES ate
Will Make Final Effort
For Mercy
C. W. STEWART IS
'- RESIGNED TO FATE
Father Killed L Leon George
, and Son Slew Samuel i
| Lilly es
44
ee ee
t
When Charles W. Stewart, 51, dies tn
‘the electric chair.in the state peni-
‘tentiary in Raleigh tomorrow morning
and gvhen Himer, 23, his son, gives up.
‘his life for taking' that of Deputy U.
‘6. Marshal Samuel Lilly and Leon
‘pertain facts,
CONTINUED FROM PAGH ONE. 4
LINER
ELMER STEWART’S —
DESPERATE APPEAL
, Sai TO bi MADE
the confession by Cimithlestonsr Sink
before the executive announced his de-
cision in the commutation request. In
the governor's statement accompany-
ing his refusal to grant commutation
he said that he wag in possession of }'
“not disclosed in the
trial.”
D. C..Sinolair yesterday stated that |-
“he did have a statement from the|!
' Stewarts, but refused ot say what it|i
fontained. Mr. Sinclair, who is al!
member of the defense counsel, is in |!
Raleigh and could not be reached for |:
details of this statement. He said, |:
however, that no person but himself |:
and the governor had seen it and that
* he had promised thé condemned men
that no one would see it until after
their death.
Hopes “For Boy’s Life”
It was stated today in- ‘Wilmington |;
that Mr. Sinclair wil Imake an elev-
enth hour appeal to the governor for
mercy, in the hope of saving Elmer
’
{
= a ae ee cee
‘George, who were siain in Bobs Branch,’
lBrunswick county, last July, another
eon of C.. W. Stewart, Willie Stewart,
“will be within ‘New. Hanover— prison
‘walls paying the state a 15 monthe
penalty for violating prohibition laws.
' Willie Stewart, it is stated, express-
ed a desire to go to Raleigh before
‘gleotrieity snuffed out the lives 6f his
;father and brother, but it was stated
today at the stockade that would hard-
ly be a chance of the prisoner being
t
j
of his familly any more in life.
Mrs. Stewart In Raleigh.
A daughter of C. W. Stewart sae
for her brother to go:‘to Raleigh, but.
so far as oan be learned it is doubted
that there .would be any change of
Stewart ia already in Raleigh.
Charles W. Stewart, in confession
made to H. H. Sink, pardon commis-
sioner said that he killed Detective
George, and Himer Stewart, 28, ad-
mitted that he murdered Deputy Mar-
shal Samuel Lilly.
They went from Chinnis’ store to the
scene of the killing with the intention
of murdering one or both of tthe offl-
cers. Elmer used a shotgun in killing
(Continued on page Bight} ..
permitted to see the doomed members,
.|to do. They had made a threat and
Willie getting to the penitentiary be-’
the.two men die. Mrs. CC. W.:
pag ,day by Rev. W. A. Stanbury, pastor
Deputy Lilly, and his father also shot’
Lilly, who was not killed instantly,:
with one of the two pistols with whioh:
he, C. W. Stewart, killed Leon George.
Governor McLean was apprised of.
Stewart from the electric chair, .He
said the elder mtawart had given up
hope. |
“Mr. Sinclair I: would gladly go to
the chair with a smile on my lips, if
the goyernor will only spare the hoy.”
“It isn’t right that he should go, too’
I should, but Mr. Sinclair, he shouldn’t
and please do all you can to save the
boy from going with me.”
"It seemed like I was just worried
half to death, and I didn’t know what
:in about 30 minutes I had the mes-
‘gage. I heard they left the road and
has been endeavoring to get permission I taken my gun and me and Elmer
went out. I met them coming back
ang when I came in about 40 yards
of them, seemed like they knowed
me,” the elder Stewart confessed.
' Blmer Stewart was baptized yester-
j of Edenton Street Methodist church,
Raleigh. Both the boy and the father
have been reading the’ Bible “since
waiting their turn in the octagonal
death room.
ce Tet ON ol et as nt nate To. raed
’
o
_
i lis i a a 8 i
RESPITE REFUSED
Susu
oor or Will Hear Final
ess April 13; Commu-
tation Sought
Raleigh, April 7..—The last straw of
hope for the Stewarts, C. W., the
father, and Elmer, the son, under
|| Sentenve to be electrocuted April 17
iE the murder of Leon George and
{
Samuel Lilly, will be tested next Mon-
day when at 6 p. m. Governor Mc-
Lean will hear a final plea for mercy.
Attornéys for the two men will appear
before him ‘seeking commutation of
"pes one
“Believing that one of the most
wholesome features cf all punishment
for crime is the promptness in trials
and in the execution of judgment, I
jam of the opinion that no respite
;|Should be granted,” declares the
, oe announcing’ the decis-
on
Mrs. W. C. Stewart, mother of one,
| of the condemned men and wife of
the other, was present with her
daughter and a woman friend, while.
1} David H. Sinclair and William Bella-,
‘Jmy, of counsel for the prisoner, pre-/
sented their plea for an extension of}
30 days within which to better pre-{
pare their’ case,
“It ig not a question of putting.
these mén to death, it is a question?
of déterring others; society is en-
gaged in defensive warfare,” aad
‘Governor McLean, who found himeelf}
drawn inte an expression of his well;
known views on capital punishment;
“I do fot welcom® any connection
with .eléctrocutions, but if my lins of
duty carried me there I should not.
hesitate to pull the switch,” asserted
fthe governor.
f Tho older. Stewart is 68 years old
Fand his son 23. Their counsel yes-.
terday indicated two grounds on!
which they will base their plea for
commutation, one applying to both
}defendants and the other to the gon:
only. The jury which tried the case
recommended mercy and the attor-
neys will seek to show that the ju-
rers who returnéd the’ verdict were:
under thé mistaken impression that
this verdict automatically reduced the
séntence to lifa imprisonment. _
The younger Stewart’s age and his
environment will also be used {n mit-
{gation for him.
Solicitor Kellum, of the district,
has announced he will oppose ccm-
mutation and Judge Henry A. Grady,
has without solicitation from anyone,
written the Eovernor to the effect
that his sentence should be allowed
to stand.
The Supreme court last ween re-
fused a new trial and counsé] fer the
defendants yesterday indicated that
they had been so confident of a new
trial that they had taken no steps}
toward preparing their case to pre-
sent to the governor. ;
ro
Ne Rt Sr a
a s me ~ 7
—
baiahesie
—
I
£ lmer Stewart ‘Rasked }
“Am In |
= O Chair, B ut ne
No Hurry, Pe ” He Stated
room exactly at 10:30: Sa al
i recognition to (Sheriff Georgé C.i
i Jackson and then took his seat in}
} patient preparing himself for the]
: dentist. His statement was brief:
' cay “Men, be Christians, Don't be any-,
thing else. God bless you all.”
He maintained a remarkable,
| courage while’ Assistant Warden N.}
‘| H. Honeycutt attached the headgear}
j, containing the fatal electrodes, A mo-i
‘ fone of the prison guards, applied thes
; r ‘current of 1,800: voltage. pe
; First Time In St State Histo y., The body contracted, straining thé,
) Such An Execution Is © ‘ ‘straps about the arms, wrists ana?
: ed * legs. The face turned into a dark ash-/
i aes Stag se sien color, Twenty-four seconds later, }
IYOUNG MAN LOSES i H. Norman, ‘warden, applied a steth-,
; oscope to the heart and ordered an-:
SOME COMPOSURE). ‘other electrical shock. The voltage
: . onds. A third was for 12 seconds. The.
Greeted Little Band of Wit- body was then removed to a waiting
‘ !
“nesses With ‘ Hen, paca
Men.” At 10:44 Elmer Stewart, his''son,
was brought in. He followed Dr.
Stansbury, who alternately. read the |
(News-Dispatch Staff Correspondent.) gave the witnesses a wild look, and
Raleigh, April 17.—Charles ‘W.| earnestly halléd them with a “how-’
Stewart, and his son, Elmer Stewart, | 4y.” He almost rushed to the chair,
in the death room of the state peniten-;
tiary paid the supreme penalty for:
the ambushed murders of Detective
United States Marshal Samuel Lilly,
in Bobs branch, Brunswick -county,
July 29, last,
father and son in North Carolina and
probably the first in the criminal an-
nals of the entire country.
THAIIZSND ~ “yd: The father was 3 brought tn ~~ the?
the electric chair, very similar to aj
.,.ment later, or at 10:37,°Joe Stone,|
“! the current was removed, and Dr. Ji;
if was applied. for a period of 20 sec)
‘Rushes to Chatr,
(By RB. FISHER.) Bible and offered flayers. The boy}
between 10:30 and'11 o’clock today, '
Sergeant Leon George and Deputy
It was the first legal aisontiin of a
The father was brought into the
j death chamber, a small octagonal
room—1l14 by 14 feet—preceeded * by
the Rev. W. A. Stanbury, pastor of |,
the Jocal Methodist church and former
pastor of Grace Methodist shurch,
Wilmington.
, His head was cleanly shaven, and,
aside from a slight paleness, which
might have been due to continued
confinement, and the apparent twitch-
ing of the lips and fingers, he cer:
ed no emotion. ' -
{ .His son, brought into the room 20
‘minutes later, also was preceeded by
,Dr. Stanbury, and, was plainly nervous,
»but displayed a noticeable. ‘bravado
‘spirit, He made a supreme and par-
tially successful struggle for self con-
trol. His eyes shifted, and his voice
caught, as he emotionally greeted the
little band -of spectators with “howdy,
men.” His lips trembled, his voice
quavered, and his body quivered, as
he told officers adjusting the electri-
cal straps around his wrist, “take your
time, I’m in no hurry.”
and, like rehearsing a sentence, told
the officers to take their. canes for
“I'm in no hurry,” '
“Forgive Them.” —§ ,
Then he leaned back and prayed:
'“Oh God, don’t hold this against:
them. I thank You-for Your mercy,
oh God!” .
He constantly repeated these ive!
sentences of prayer distinctly unti)?
the electrical equipment, with his.
mouth’ strapped, was placed byi
Assistant Warden Honneycutt. Even’
then he ,continued to mumble inco-|
herently, pitifully, the same Prayer:
until Jake Thomas,d eputy sheriff of.
‘Franklin county, turned on the
switch that sent the death voltage
through the body. .
The reaction to the electrical cur-
rent was identically as that of the
| “Atlor tho dofondanis had beon
While beine’ poume the duly arraigned, the rollowing proceed-.
ngs were had:
began to pray: :
“Dear Jesus, I am going now.’ |’ | “A special venire was drawn from.
have forgiven them all. I hope to . the box as provided by law, and;
0 a be in heaven with my dear old , otepeadl Tae iucer Wire ee
ather, who has just’ gone, Dear. . ways
Jesus, have mercy : sale : --*: the estate, and thereupon the defend-
i
J >
KIL:
. Two shocks were hecessary before ®nt asked the juror, ‘Would you con-’
Dr. Norman pronounced the. boy Vict @.men: on ciroumetantial evi-:
a] dead. Again prison attendants un. ence?’ The juror replied, ‘No sir,
_ Strapped the body and four men , 2Ot in @ case lke this.’ The solicitor
J waiting at the door carried it to the | then asked to re-examine the juror,
“wi 9 Wwalting hearse, placed it along that | When counsel for the defendants ob-.
(°""i"et his father and ‘the jected and stated: ‘They had passed’
chair ha |
FATHER
THREE §
SON SH
a7
gray car ot
‘déath moved slightly away. ‘
The execution of the two men was ,then said, ‘Wait a minute. It is my;
4 witnessed by E. H. George, a brother @uty to see that both sides get a:
of Leon George, the Wilmington pro- . fair trial. Do'you mean to say that’
hibition officer, who was slain by El- ;, you, woulg@not convict a man for!
‘mer Stewart und by L. V. Lilly, the . murder of circumstantial evidence!
A
Brunswick County Men Pay,
him; tender the juror.’ The oourt.
_ For Slaying George pee
and Lilly 1 —
Reet on
—
ie we
—
i
awdloag Mey
ie
f
1D |
Qi :
=. -
~
~
) a Ke (19-year-old fon of Samuel Filly, the ’' that: was submitted to you by the: 4
NV THEIR DEATHS COME { United States deputy marshal, who” court under a proper charge? The! : mS |
was killed by C. W. Stewart. Neither: juror replied, ‘If it was circumstan-| / a
~~ i 21 MINUTES APAR -] Of the two men displayed any sign’ |-tlal evidence I couldn’t convict. him.’] ’
1: 4 of emotion as they witnessed the elec- =. : ' ° Mental Bias? ; 5B Dey
ps iC, W. Stewart Proyounced, tricution of the slayerggoef a brother if “The court: ‘Btand. aside, I find| | - <
. and a father, eg oe this man is not a fair. juror, because ms
T! Dead At 10:36; Elmer™ ‘}; oj /9t his mental bias.” * :
At10:57 2 ad), Raletgh, N. ©. April 17—By thdj! ‘“Dhe defendants had not at this| [ ay
> ' ° ‘9 "3 (Associated Press—C. W. Stewart ands time! exhausted their peremptory
. “4 (Elmer Stewart, of Brunswick county, } i¢hallenges, To the standing aside of
Raleigh, April 17.—By As-‘%!were tried on the charge of first de- j {said juror, the “defendants except
: C iy, ree murder at the September, 1924, | ‘and thig is their exception No. 2.
sociated Press. harles Ww. 1 term of the superior court of Bruns- {| During the examination of another
Stewart, 51, and Elmer Stew-- wick county, Judge Henry’ A, Grady +; Juror upon his voi dire the solicitor
art, 23, his son, paid with their’ | presiding, and sentenced to death ‘by \{@sked the: juror, ‘Do you look with
lives in the electric chaid to-,.'| electrocution. They entered an” ‘ap- {| favor upon. people who make or
day for a double murder per- ‘ peal and their case was heard by ,; myanufacture intoxicating Nquors?’
: . jj the supreme court of North Carolina,’’ | “fhe desfndants objected to this
petrated in Brunswick county j/at the. spring term, 1925. The'-question, ~The same question had
layt year. - - +. #"" (i) supreme court gustained the verdict Esc pnd ea jurors by both sides.
rae i} returned in the lower court. °° ©. @ e.objection was overruled and the
The father, calm to the last, ! It was charged in the indictment deefndants excepted end: mane tne ewer ereey
* was led to the chair first and: that: | cones oye. << their exception No. 3.0. ¥ = Bas
f was pronounced dead ser “C. W. Stewart and _Elmer Stewart, “Thereupon, the detendants stood 3B 33 a
f three shocks. Two shocks ere. late of Brunswick, county, on’ the the juror aside petemptorily, their +a wer
e required to execute the son ro.) 29th day of July, ‘1924, with ‘force © peremptory, ‘challenges being ex- 8 a 33
{ * x] and arms, at and in said county, fe- . hausted. ¢H=*
: C. W. Stewart was Pro- | loniously, ‘wilfully and of their malice, {. _ The defendants then went on trial.| ¢ ae EQ
nounced dead at 10:36 and El-. aforethought, did ‘ill and murder !;. 8am? Lilly, one ‘of -the men the | i S ae 3 3
+ mer at 10:57.° ae aay Sepres and ‘Bam Lilly, contra- | aware wert sour’ with having | 2° & S} f
t Sadan * ry to the form of the statute‘in such Slain, was a Unite tates deputy} 2,54 a
bac cagecer Daw fae apg case,made and provided, and against , Marshall, and Leon George, the other | — 8 o oe ‘
H ' , ms _the peace and dignity of the state.”, ;| Murdered man, wag a prohibition of- BHEas fo
‘played no sign of nervousness and. The chs : ficer asst at k , Q &
‘gazing into the faces of: the newspa- : @ Case was prosecuted by Woodus al ssigned to work from the Wil- | | Tm B 3 9
uer men and cther witnesses assem. Kellum, solicitor of the district, .. . Mington ‘office. ses2e2 Ao
iniut’ he bates -< fos». Before the prisoners were arraign-*.* “. Bob’s Branch. -t-os =*
} “Men, be Christians; don’t do any)°? the deefndants’ counsel entered, | The state's contention at the trial. zo e sis
‘thing else because it don’t pay. Take‘:* Plea in abatement and asked that 8S that the two defendants lay in saad 38
(care of your souls. «God bless. you ithe bill be quashed because only 18. walt forthe, officers and killed them: Bas be: 3
as °F Poe. el, em ae) oaetd ing erandl PedToat aad, “agmertor seer! BS E528
f tone, a guard at the prison ‘jeT=nd jurors oon . eah ons 6Pranch, in Bruns-; —— >
leucine Matador: who: was pene ¥ury finding the true bill. The court. iwick county, on the afternoon’ of! —s ae
led depnuty executioner in pursahce } hereupen found as a fact‘ that. on. (July 38,° 1924. The defendants were, BS S38
fof an act of the 19265 session of the; eae of floods and washouts tive’ wupposed to have been engaged in. 3 § to Sj **
‘legislature, threw the ewitch whioh* ‘Jurors did not appear at the open-, ithe llicit manufacture of liquor.: am © uses
jsent the death dealing current hurt-( ing of the court on September 30,; ‘Lilly, George and an alredale dog -wiZd
jling through the body of th eejder, ‘the day the true bill was found. The the possessed were all found lying | ne a.
jStewart. ua ys grand jurors: who appeared, in-. Rion in. the road and later the re- 1sae ag,
j At 10:36 he wage pronounced dead j cluding the foréman, proceeded to the jsponsibility for the crime was fast- °5 cay
‘and prison attendants loosed the strap ' consideration of the. bill and the 13, penne upon the Stewarts who were ; eas aS.
‘that bound the dead-man jn the chalr. ‘woted in the finding of'a true bill. convicted of it and sentenced to be (13 e e £8
‘and the body was | removed to. a; After the 18 grand jurors had de-; 'electrocifted. el ’ ‘ (, ss w
hearse, waiting at the walkway out-, aided to report a true bill, two other; The defendants denied * statements | oo 4
side, ; ' “Ae, wpeand @urors appeared and accom-~ jattribyted to them by ‘ state's wit- ie eee :
Hlmer Stewart followed his father} panied them into the courtroom, : at jnesses that ‘they carried any guns| ! 33 PES
to the chair. Leaning heavily on the, whioh time the bill actually was {with them when’ they went after a (§s .2 a
arm of the ‘wo prison guards escort- » returned. But these two jurors took -eondenser, They denied the alleged} Oo 83a5
ing him, he smiled bravely as he-en-.‘ no part in finding the bill, nor did ‘sohfession testified to by one wit- Oa SB
tered the chamber from which hj they vote on the matter when the ‘ness, claiming he had not told the ‘Os a i
was never to emerge, alive, As the bill was found, not being present at ‘truth. .. 1S & a a
prison attendants hurried to bing hiui / the time. The grand jury was empan- - The murder, at the time it oocur-{ * -—— : vai
In the chair he smiled again and | eled and oharged at a prior term, as ‘red, caused Great excitement in
suid. . | rovided by special statute,; they Wilmington and in Brunswick coun-
“Take your time, boys; I am in no . Cone required to serve for six months. ty, acfiosg the Cape Fear river.
hurry.” \. The official oourt record shows Rumors were afloat in Raleigh that
‘Khat “upon the foregoing facts, the a riot had occurred. However, these
| motion is overruled and the defend- were found to be groundless.
‘ants except.” Appeals far executive clemency
‘made by John D. Bellamy, of Wil-
mington. former congressman and
ELMER STEWART The,
Oo. Ww. STEWART |
“God ‘be with us all until we meet
again,” ig the prayer, and “luck and
best wishes from’ the ones who die to-
morrow,” is the wish, concluding an
unusual letter written by Elmer Stew-
art, confegasd musderer of City Do-
tective Leon George, in his death cell
yesterday on the: eve of his execu-
tion.
The letter, addressed to..: “Dear
Friends: and Hnemies,” in part Bays:
}é “Just to let you all know how I
feel this morning over this trayble.
I believe you all have some dbubt
in your mind over this case, and
I have wanted to tell the truth abcut
ii and nothing but the truth, and ‘if
I know what I am‘saying this is the
truth, the whole truth, nothing but,
pthe truth. eee Big:
“We are: guilty: of he crime and
‘we do not wish to say anything else
and it has worried: ‘me time after
time to think we would do so, the
thing I always wished to. never do
hen I was growing up. But after
pry dear father could not work any
onger and my dear,’ heart-broken
mother had to leave me and the rest
}
|
;
“God Be. With Us. Till on
| We ‘Meet Again,” Elmer’
~ Stewart~Prayed In-Cell
atant?
to look for wrsmeteen: eA ior
Here the letter relates numerous
difficulties in his efforts to-make a
living, including a period in ‘Which
he worked in the ‘West Virginia mine
fields, The letter, after telling ‘an
accident in which C. Ww. Stewart was
injured, ‘and relating ‘Other’ early
hardships, comes .down to the. Stew-
arts’ entry into the business of mak-
ing liquor, the letter continues:
“I won’ try to write but just a lit-
tle’ of what happened,: for it would
take eight years or nine back, during
ad) ethis time and the Chinnis’ .and |
those people was fighting against us.
Sq they decided to get rid of us. So
from one thing to another ‘went on.
“Then they found ‘out. where we
“)was: making whiskey, se as I have
been told. The officers ‘went through
five times before they found out
where it was, i the day or go just
a-week before’ that Mr. J. G. Smith
and myself made a run alone that
day. Sixteen gallons, and three and
7
{not get. me no other way, so I went
Jand let out on $50 bond to leave town
+f :
® 7 F
any, and I was arrested again and;
“they wanted $500 bond. I could noti
one-half quarts, 60 when we got to
or
mee)
the landing where we had left the
car, we tried the gas boat and then
paddled te the hill in a small boat-.
I myself and Mr. Smith pulled the
boat up side the little flat that we
had got from a negro. And I throwed
a paddle in the flat. M*r. Smith car-
ried two coats to the car. I taken
a& case of whiskey and put it in the
car.
Arrested ‘three Times
“Mr, Smith went back to the boat
‘before I did to get a oase of whis-
ae, Then. when I started back I
heard someone holler and fall over
‘the boat.
eat we are eullty but shale is to blame, |:
‘started to holler. Then I run to the
‘ewamy.. Mr. Smith jumped over-
‘board in the marsh. It was with a
; Pair of hip toots on and they shot
f
about 18 times. Mr. Smith did not
even have any gun. I had a 38 Spes
{celal S. and Ww. We did not want to
hurt anyone and we did not. So I
‘went straight home. They: passed me
just on the other side of where they.
‘were killed. Mr. Smith had ‘to atay |
, out until about 1 o'clock. - So that put
|him.in bed.
“The: next week we Jost everything
we had. We still did not bother any-
‘one for they were doing their duty
and just what was right. They could
to Wilmington, and one of my friends
and myself was standing on the corner
talking, when Mr. George came by and
stopped; and because I would not tell
him my name, he arrested me andj
talked very rough, and I gave him the ||
same back. Then I was taken to trial
by that afternoon,
So I did not have
=
get it and they made it $250. Some!
of my friends got that, so I went.
‘home, and I was arrested again on;
the same charge, _— made three
‘times.
4
“All Done So Quick”
“Then I was tried in another court.
yand found not guilty. Of course that!
,all brought har feelings between me:
and him and then when Mr. Russell.
told me about them and what Miss
Brewer said I just went to pieces and
of course I started out to do just what
we done. But, my dear friends and‘
enemies don’t think I ever ambushed
those men. For I was riding when I
seen their car and I stool on the run-
ning board, if I make no mistake, and
shot Mr. George first, and the other
into the top of the car at Mr. Lilly,
dear friends it was all done so quick |:
I.could hardly realize what was done.
So I want to say that Mr. anda F
Russell and lots more did, tel{. the]
truth and some did not but never ‘the |:
’
we did the shooting.
“But Mr. Russell and Miss Brewer
are the cause of me and my dear old
father to do‘suoh’a thing, but with)
& free ‘willing: heart. I forgive every-
body and hope ‘to: meet them in
Heaven, apd the two dear ones. that
we killed. We have prayed for: their
wives, mothers and: little ones, God
bless them all and take care of them.
‘|They was as sweet as we are to our
‘}people and ‘I feel that tHeir people
{thought just:as much of them as ours;
| do of us and I want'to think of them:
in my last prayers here on earth, and
want to meet them in Heaven when:
our blessed Saviour comes after us.
“My dear enemies, don’t think I;
have got anything ‘against you all.:
Some did us wrong | and I did others:
wrong. |
j Protesses His Faith
H “I am sorry to say that I have
‘been so mean. I guess I have done
most everything that a man could
do that is mean. So you can just ,
about know what I have done, I have |
been a murderer, thief and went with!
both married and single girls, I do}
not deny anything I have done. I did
Then they all sorter cf!
until the last past days, and since I
have taken Jesus for my Saviour and
CONTINUE)
pee ae ND
promised to sin no more against Him. |
I cannot stand to tell a lie as I did at
tthe trial for we cannot lie and walk
{with Christ Jesus, —
“So dear friends and enemies, I beg
you in this letter to e Jesus Christ
for your Savious, if you’ have not ‘al-
ready done go, and meet us in Heaven,
for we both have confessed our ains
our enemies. ; a i
1 “It was hard to give my mother,
tle one and some of my friends up,
but we have got to do so if we love
Jesus, and I am going to leave tham
with a good heart for there is no one
‘a8 precious ds Jesus-Christ, our Sav-
dour and Heavenry Father, and we
‘had to learn to love our enemies all.
- “So thank God I do, and have pray-
ed for them all ever since I have been
jhere. I always pray for the little
‘children and widows and for’ the poor
sick ones.
; “Thank God, He learned me :to
ipray for them all, and last night, I
\Prayed for the Governor, his children
and poor sick wife, and I also have
prayed for our enemy, Mr. Grady, our
judge. I am glad he did not have
nything against me and I am sure}.
haven’t anything against him or any
oor soul on earth.
“Well, this is all I think is neces-
oat to tell and I hope I haven't put
anything in here that is wrong, for I
guess this will be my last letter, with-
out I write some of my pedple or
friends; so I want to thank everybody
in here for what they have done for
‘me and against me, and I am sure
dear old father will say:the same as I
have for he prays for you all and can
pray so sweet to his son ~ and: ~ our
Saviour when -we: often. pray mene
the. day. at
be jopes Whieley Still.Go: ae
: “YT would like to say this, ‘if. “hogne
,Will. think hard of me, and ‘thet, ie’ I
jnopé no one will ever. any, mors ‘try
)to frame up: on any one, and' f& truly
lupe there will never be any ofher
bfficers' who will let ‘people Jedd‘ them
to their’ deaths. They said go, and
I heard they would.be all right if they
got ‘us from out. there.- So we are
gone and I hope all the whiskey stills
went with us.
““God bless them all, and I want to
ask you all to please ‘give your heart
to God and meet us in Heaven, if we!
80 first. Good luck, God bless you all,
“Teach your little:ones to serve
Jesus, so they will know to do so.’ My
dear mother could not teach us very
much about God and: our Saviour for
she hasn't any. Heaven ‘herself, 80:
Please, you that can teach’ your little |
‘to Berve and — Jesus, — died for
ones, do so, that they may grow’ up
us,
{ “Well, I will close. once more, 80
please let this touch some poor sin-
and to shelter us under His arms from i
‘brothers and sisters, father and lit-}
~~
‘ner’s heart, and come to God.”
3
at dri
STEWARTS’ BURIAL
‘SUNDAY AFTERNOON
{Electrocuted Men Will Be
vl BELLEVUE PLOT
4-18-1925 wD
Placed Side By Side In
‘Local Cemetery
PUBLIC SUBSCRIPTION
mitted to Attend Funeral
Under Guards
Elmer Stewart, electrocuted in Ra-
leigh yesterday, for the murders of
Deputy. United . States Marshal
George, slain in a Brunswick branch
last July, will be buried, side by
side, in Bellevue cemetery, Sunday
t afternoon, while another son, Willie
; Stewart, will be permitted to wit-
jness the interment under prison
‘guards,
; The bodies of the two Stewarts ar-
trived in Wilmington. this morning,
on the 9:45 A.’C. L. train, and the
emains of the father were the first
to reach the little house of C. W.
tewart’s daughters, 108 Wright
street, where his grief-stricken wi-
‘dow was under the care of a physi-
clan. The body of Elmer was next;
‘conveyed to the home. —
Delay in arrival ‘of’: the remains
jhere was occasioned by the inability
of the, family’ of the two men to
raise sufficient funds to pay the un-
‘dertaker in Raleigh and to provide
money sufficient for incidental ex-
penses. Rufus Squires, a son-in-law
of C. W: Stewart, yesterday sacri-
ficed his Ford automobile for $100
and from other gources raised about
$35, but the Raleigh undertaker and
other items totaled $167.60,. it was
stated. The undertaker would .not re-
lease the bodies
and the state provides no money for,
this. :
Ludi Croom, a member of the
‘Wilmington ‘fire department, ‘last
TO GET. BODIES HERE
Willie Stewart Will Be Per- |
‘Charles W. Stewart ‘and his son, |.
Samuel Lilly and City Detective Leon |
without payment, |
night took up a subscription in the.
tdown-town section, and '‘in* léss ‘than’
jan hour raised. $47.50, which was;
‘turned ‘over to the family.
Willie Stewart, who is serving a
+15 months’ term in the New Hanover
stockade, grieved very much last.
night, according to his fellow prison-
ers. It was stated this afternoon by.
the superintendent that he had re-
gained his composure and that, un-
der’ guarg of two men, he was to
be brought to the city this afternoon
to see his grief-stricken mother and
to gaze for the last time on his fa-'
ther and brother. He was denied’
nermission to go to Raleigh to sea
them alive, but he will be allowed.
to attend the burial service in Belle-,
vue tomorrow, under guards.
The father is survived by his wife,.
three daughters, Mrs. Rufus Squires, |
Mrs. Elsie G. Norin, Mrs? Thopipsen: |
and .two sons, Anthony Stewart, of
this city, and Willie Stewart.
Under Guards.
Charles W. Stewart, Jn, son of C. W.
‘Stewart, who ts berving a 16 all
‘sentence on the county roads, attended %
A the funeral services, at the home and 4
H FINGEORCE: see
dfather and brother kefore the elee< ‘
= trocution was denied, and it was stated
hes his fellow prisoners that he grieved ;
® INGRAVE YARD
“LO-I4ZS_ ND fis
Pee 5,000 Persons Attend:
, ed Obsequies At Belle-.
| yu Yesterday. aI
A
GRAVES ARE } BANKED
| WITH MANY elie)
fa Years Ago Oscar. W;.
Stewart Was Killed At
Panama Exposition :
Within a stone’s throw of the eres
of Leon George, one of thair Mts:
Charles W. Stewart and his son, Eimer,
Stewart, electrocuted in Raleigh Friday!
for slaying Detective George and Dep
uty U. 8. Marshal Samuel Lilly, ar
sleeping their last earthly sleep: be
neath the sod of Bellevue wieeaepicts
whre yesterday afternoon over 5,000)
‘which occurred April 15. at the emer- :
‘gery much over the unfortunate fate of {
the two members of his family. Young
18tewart appeared on the verge of eol- 4
*lapsing at the cemetery,;and a: sister ,
and a girl friend of Elmer Stewart
| swooned, during the grave side ac
quies.
4
a
q
¥
Tem Years Ago.
Just ten years ago The
printed the following story:
“Many friends of Mr. and Mra. @& W:
3 Stewart, 118 Meares street, will ten-j
‘derly eympathize with them in the}
‘death of their son, Oscar W. Stewart, ;
Dispatch
gency hospital at the! Panama-Padifia
expostioin grounds. His death was a re-,
sult of injuries received on ‘April 14. q
No partioulars as to the way Mr. Stew- |
art was injured have yet been received. '
He was 21 years old on November 18,
last. He was a member of 168th Com-.
pany, Coast Artillery and was stationed.
at Fort Winfield Scott, Cal, and hag’
been in the service since September, j
1913,
“The remains will be tnterred in ‘al
National cemetery here. Mr. Stewart is)
survived by his father, mother, ; thres
brothers qnd two sisters.” °'| a 9
Mrs. C. W. Stewart and family auke.
ed The News-Dijispatch to express their
people, mostly curiosity seekers, eathed
ered at the funeral services conducted |
by Rev. J. P. King, pastor of Bixth’
Street Adyent Christian church, assist]
ed by Rev. W. C.- Martin, pagtor: ots
Fifth Avenue Methodist church, °' ©}
Elder 8S. J. King warned the people 4
at the service at the home, pleading «
with them “to accept Jesus Christ as‘
their personal saviour and to a live ;
anew, and to profit by the awful trag- |
fedy that had cast such an = awtul ’
gloom over our gity. He also warned |
them that God was not to be mooked, .;
for “whatsoever a man soweth, that»)
shall he also reap.” He quoted & TO
porter’s story of the confessions made |
by the Stewarts, and that, according {
to the teachings of Jesus Christ, fhet
he wae satisiicd of their salyation. “: ;
The two’ men, confessed murderers
of Ietective George and Deputy Lilly,;
were placed side by side, and: ‘ their.
graves were banked with flowers.
Just a few feet away, the grave that :
has held all that ‘is mortal of Leow}
George, was practically unadorned, ;
with the exception of one design, *i
marked contrast to the hundreds of
appreciation to their friends and ac-{
/quaintences for their sympathy and
‘kindnesses during their recent sorrow.
PAROLE SSOUGHT
FORYOUNE HG STEWART
vit - ba iy
Sentence For Assault
‘
and Carrying Gun”
i Petitions are being prepared for
jPresentation to Judge Albion Dunn
sesking that Willie Stewart, now serv-
ng a 16-months term at the stockade,
‘be paroled. These Petitions will be
supplemented by letters, written by
individuals, urging the parole. 8
The movemént is being directed by
AD, Hart, who, following a series of
vonv¢fsations with the youth, believes
EM parole will effect a reform while
a term of fifteen months may cause
ithe boy to become a confirmed enemy.
-Of society.” David Sinclair, counsel
‘for Stewart ig of the same Opdinion.,!
Both Attorney Sinclair and Mr. Hart
Were in conferenoe with Judge George
Harriss this morning.
Btewart, who is a son of Charles W,
Stewart and a brother of Elmer Stow-
fart, recently executed at Raliegh for
= murders of Officers Leon George
nd Samuel Lilly, neur here last July,
was convicted in recorder’s court last
6ébruary for assault and carrying
yeoncealed weapons. Judge Harriss
jwegionced him to eight montha. Stew-.
jart appealed to the supénor court and
Judge J. L. Horton, presiding, increas-
ed the sentence to $5 months. Those
peeking his. parole’ assert that he is
peatene anf “will go straight. ae |
once: aeiyene
4-27-/925 ND
Parole Is Granted —
to Willie lene
Raleigh, April 27.—By Assoct-
ated Press.— Governor McLean on
‘his own motion today paroled
Willie Stewart, son of C. W.
Stewart and brother of Wilmer
Stewart who. were electrocuted
at State prison ten days ago for
the murder of Leon George and
floral tokens ‘that were on his resting:
place when he. mae} buried abeut.4 ash
‘months ago. ae: bd se noe “eed?
Traffic on Pekin. (4 easy trom|
Chestnut to the cemetery gate on Reaj
Cross, was very heavy, and maohines;|
were parked on both sides of the thor-
oughfare, also on either side of ceme-.
tery lane as far as.the rock quarry.
Traffic officers directed the motor ve-
hicles, preventing congestion, although
there were many jams. : {
3
‘3
An unusually large crowd, estimated
at more than 1,000 persons, had prev-?
jously gathered at the modest little:
home of Mrs. Rufus Squlres, 108?
Wright street, s daughter of the elder :
Stewart, and there services were con-
iducted by Rev. Mr. King, assisted by #
Rev. Mr. Martin. Sit
(ote:
U. 8S. Deputy Marshal Sam. Lilly
‘in Brunswick county, last July.
Willie Stewart was serving 15
months in. the New Hanover
NT A a A RTT PE ER RNS Hy oe y Me may rye ee
Stewart family to know that the
county stockade on’ charge’ of
fighting and resisting arrest. :
“The Governor wanted the.
‘ state does not want to take every-
‘thing and give nothing’ said
Pardon Commissioner Sink in an-
nouncing the parole.
Several letters came in telling
of the plight of the Stewart fam-
fly,and the governor felt some
consideration should be given the
familly.
Mr. Sink said that unofficial in-
formation had come to him that
certain interested persons in New
Hanover county were raising a
fund with which to send Willle
Stewart to school to fit him for
some useful occupation in Hfe.
le he ee a ee ee Cee eee Oe
shat enae oe
pues
a
Vet 92S >
. {HE NEWS-DISPATCH © |
é
Young Stewart Says 4
He'll “Go Straight;” — :
He Now Wants Job:
}
4
Willie Stewart, 19 years old anda
son of Charles W. Stewart, recently
electrocuted for murder, was re-j
leased from the stockade yesterday
afternoon by Sheriff George C. Jaok-'
son, on instructions from Gov. A. w..
McLean, who paroled thé youth to’
Charles 0. Baird, welfare officer. He
was serving a 15 months’ term for:
assauit and carrying concealed’
weapons. Sheriff Jackson was accome)
panied to the stockade by Rev. J. B.
Warren, pastor of Southside: Baptist}
church; Cleve Symmes, president of;
the McC}ure Bible class; Officer’
Baird ang J..H. LeGwin. |
~ Rev. Mr. Warren and Officer Baird
held a further conference ,with the
youth this morning relative to influ-
encing him into new associations and
also .to get a direct line on what
sort Of a job he might be able to
~ ILLY-GEORGE WERE
; Bris Arngsts Made
hold. Following the conference, Of-
AILLED YEAR AG:
ANOTHER RAID MADE
Officers Go Through Bob’s
. Branch Yesterday; Cap-_ |
ture 150-Gallon Still
oo
OUTFIT IS FOUND
AT ROAN’S ISLAND
Successor to Deceased Sam-'
' vel Lilly Heads nna
ate
Soa
; One year ago tomorrow Deputy
United States Marshal Samuel [lly
,and Detective Leon Geerge' were
slain in Bob’s' branch, Brunswick
county, by Charles W. Stewart and
his son, Elmer Stewart, who after-
warda paid the supreme penalty in
the electric chair in Raleigh. ‘‘Baby,”
th eairdale dog of Leon George, was
kiJled in the fusillade when his mas-
ter was shot late on the afternoon of
July 29, 1924.
Yesterday afternoon Deputy United
States Marshal I. D. Harrelson, suc-
cessor to the late Deputy Lilly, ac-
companied by T. C. Wilkins, speciql
prohibitian enforcement officer, and
L. F. Robbins, motored down through
Bob’s ‘branch, over the exact spot
where Lilly and George were killed,
and thence to the landing off Roane’s
island, from whence tHe two slain
officers were returning when they
were ambustaded last July.
The officers yesterday discovered
& 150-gallon copper still near the
mouth of Hood’s creek, and they de-
stroyed this outfit. Deputy Harrelson
reported that no whiskey was found :
by the officers, stating that the mash
had just been run off and the whis-,
key evidently smuggled into Wile
mington and seld. No arrests were’
made, as pobedy was found around
the still.
‘Copper: Still Found
| Near Bob’s. Branch
In the Bob’s branch section of
Brunswick county, where today one
J-year ago Policeman Leon George
jand U. S. Deputy Marshal Samuel
Lilly were killed, U. S. Marshal I.]
D. Harrellson on Monday captured
Jand destroyed a 150-gallon copper
moonshine still.
Marshal Harrellson was accompa-
nied by T. C. Wilkins, federal pro- |.
, hibition officer, and L. F. Robbins. |!
_ After the still was found the officers}:
+searched for hidden liquor, but in‘,
mT FAVE S
eer
er
STEWARTSHIS
~ AFTER WHISKEY .
eae UND M HOE
‘His Father and athe Re-
_ cently Electrocuted ;’ 8
» Gallons Found
Bind etre Cae
William Stewart, son of C. W. Stew-’
art and brother of Elmer Stewa't,|
who were electrocuted several months’
ago for the murder of Detective Leon’
George and Deuuty U. 8S.’ Marshal
Samuel Lilly, last night boarded a,
train. at Wallace, after officers had’
found: eight gallons of whiskey in hie
home fear Front and Wright’ streets.
Young Stewart, It will .be reca.sed,
was paroled ‘by Governor McLean, af-
ter his father and son paid the su-
preme penalty , for slaying Detective
George: and Marshal Lilly, in Bob's;
branch, Brunswick county, last July.
“It; will further be recalled that the;
j YOURE man, was given consideration;
by. a number.of prominent citizens, in
fan effort to get him placed in some
| worthy employment. . A county of-
ficial, talking to William Btewart ree
jj cently, advised him as follows:
, “You are too nice a fellow to be
i
F
| mixed up tn liquor troubles.”
j* “Well, what have you got to do
| with it?” young Stewart replied, ac-
4 cording to the officer, who today dis-
‘cussed the faot that the young man
pwas engaged in the same line of bust-
ness that led his father and brother
to the electric chair.
; It is understood that neighbors tip-!
ped the officers off to the fact that}
there Was liquor in the Stewart home.,
iThe contraband was ‘ founa in fruit,
ars, it is stated. ra '
Young Stewart is- understood to’
have gone to. Virginia, where his!
prethet is said to ‘be residing. |
£
ECHO OF STENARTS"
MURDERS 1S FILED
IN SUPERIOR COURT
|W. H. Russell and Hoyt Ken.
nedy Seeking $500 Re- . 4
ward Money F1 From City, 4
a
| COMMISSIONERS ARE >
NAMED DEFENDAN TS
County and State Rewards,
Totaling $1,000, Depend | {
G2 erst Trial (|
15. and Hoyt Kennedy,
of Faaewiee county, have carried
their efforts to collect the reward of
$500 offered by the city for the arrest
and conviction of C. W. Stewart, elec-
the law on the aubject came tn the
wonvluslon that both tuo fast and ti!
law, tho pludntiffs were not ontitled}
to the reward—hence payment was:
refused.” This statement is taken to
mean that the petition will be resigt-:
ed; that will be no compromise or,
settlement out of court. § * i
It is understood that the aatidine A
ers are contemplating a similar suit:
against the county, although Attorney}
King declined today to confirm or
deny the report. It is known that the:
county, acting upon the same evi-»
dence as the city, refused payment of:
its’ offered reward of $600 to either’
2
_jreview from the time of its occurrence
‘{to the imprisonment of the father;
Russel] or Kennedy. The state, which‘
also offered $500 reward for the cap-}
ture of the slayers, has sent its money;
to the clerk of the court at Southport, |
but the authorities there still are
holding it pending a more definite ¢
decision as to whether the Stewarts}
were arrested, or whether they mere</
vly surrendered. It is reasonably cer-!
tain that the city will subpoena’ a!
large number of witnesses, including!
local officers, and that the entire his-
‘tory of the double murder will be
and son, charged with the slaying.
The action is an echo of one of the,
most sensational killings in' this seo-
tion within a generation. The two}
officers were shot and killed from.
ambush by the two tewarts, boctleg-;
trocuted for the murder of Leon
1924, to the superior court at Bouth-
port.
They filed a suction in the Bruns-'
wick ‘county superlor court yesterday:
afternoon asking judgment in thé:
sum of $500 against the city of Wil-
mington alleging the reward is prop=:
erly due them but has been definitely.
refused. The action is directed
against Mayor Wayter H. Blair, Jos,
eph E. Thompson and James E.
Wade, as city commissioners. J. A.
King, of this city, and C. Eq Taylor,’
of: Southport, are counsel waht thei
plaintifts. a
The petition states ‘that “Leon.
‘George, Wilmington <J.y detective,
and Samuel Lilly, United States dep-
uty marshal, were shot to death July -
29, 1924, in Brunswick ‘county; that,
‘the city, on July 30, ‘passed a rasolus}
ition offering $500 reward’ for the ar-"|
‘rest and conviction of the. slayer or.
islayers ‘and requested the state andi
jicounty to offer similar rewards. It:
also alleges that Kennedy,’ suspecting’
‘Cc. W. Stewart, conferred with Lee
{Mosely and suggested to Mosely to
advise Stewart to surrender. As-ajre-|
gult of these negotiations, Btewart’ la»
ter wag taken -into custody by” Ken;:,
medy and Russell. The petition then,
recites that Stewart and his son, El!
yer, were convicted of the murder&
and legally electrocuted, but thet th
city has definitely declined to pay ™"
reward.
' It was stated at the pn hall this
morning, following service of the pa<i
‘pers -by Sheriff George C. Jackson,
upon Mayor Blair, “that before’ des.
clining the payment of this reward,
the commissioners investigated the’
‘matter thoroughly as to the facts in’
‘connection with Stewart's surrender,
‘securing a transcript of the evicence:
in the trial of the Stewarts in so far.
as it pertained to his capture and,:
‘after fully advising themselves ar to
George and Samuel Lflly, July 29, ;
. ‘of the defendants paid the death pen-
gers. Upon trial, they were convicted
gnd sentenced to be executed. They %
-~ appealed to the supreme court but’
“the jury verdict was affirmed. Each |
‘alty in the electric chair at Raleigh 3
late last spring. Rusgell and Ken-_
:‘nedy then filed application tor the |
3
‘rewards and were refused.
‘enable nn aan oe eee en wre
siselilatts 7
STILL LOCATED IN.
STEWART GARAGE:
A. rasa: was made on the Stewart’ isl
home in’ Brumswick late yesetrday af-4
‘ternoon iby officers who found a still
complete in every detail, in the ga-
tage. William’ Stewart left the ci ty
hurriedly Wednesday, when office
‘found whiskey in his home on oft
istreet near Second, for 1936 ac-
‘cording to reports. F-ll4 QS NP |
brs re ey er ep ere
wert ¢
Sts anemone
Man Said to Have
|
Danced In Blood
Is. Facing Trial
9-17-(Zs
The man who is reported to
have bragged that he “danced_ir >.
the blood of Leon George and
Samuel] Lilly” is in jail here to-
day.
George Robbins, the man, who,
according to report gencrally cir-
_Culated throughout Brunswick
county, gloated over dancing in
the pool of blood in Bob’s branch,’
that county, after Detective
George and Deputy U. & Marshal
IAlly, were slain, was arrested ” 7
United States Prohibition Officer
TT. C. Wilkins on the charge of
' violating the prohibition laws,
_ ©. W. Stewart and Elmer Sbte-
wart, father and son, respective-
ly, who paid the supreme penalty
in Raleigh for slaying George and
Lilly, were admitted moonshiners.
Robbins, according to the pro-
hibition officers, sold a half gal-
lon of whiskey to Prohibition
Officer W. E. Woodfin. He was
* given a hearing before United
States Commissioner Robert C.
Ruark and bound over to the fed-
' eral court on the charge of vio-
lating the prohibition laws. !
Robbins, according to the tes- |
i
!
|
}
eae ee
ee oe em Ee Sw
timony of Officer Woodfin, sold
a half gallon of whiskey to the
officer last Thursday. The officer
further testified that Robbins
' sketched in the sand exactly how
ihe distilled Mquor.. This Rob-
| bins denied, and’ he and his wife
testified that they had never secon
the officer before and that on the
day of the alleged sale of liquir ,
he," Robbins, :was cutting some
| wood in a forest some distance
’ from the Robbins home.
* Bond for $400 was furnished
_ this afetrnoon, with C. H. Zebelin
as surety, and Robbins was re-
leased from custody.
GOVERNOR SEEKING |
“In a letter received by David , Sin-
ow WORD ON STEWART
at
clair, attorney for the Stewarts, Gov-
ernor McLean makes inquiry into the
conduct of Willie Stewart, which cul-:
minated in a rajd made recently on.
bis home here, where it is sajd, mu2':
contraband liquor was found. The!
ecvernor is scexing the information:
so that he may be guided in a decisioa|
that perhops, it is said will lead te
revocation of Stawart’s parole,
This removes from North Caro-
lina the last male member’of a
fumily that wrote criminal history
Pinal throughout the east. July 25, 1924,
ISTEWART, HELD FOR
-DRY LAW VIOLATION
the name of Stewart flashed on the;
wires following the assassination
LAST OF STEWART | | Sei omicarn ae iran |
KL AN IS EXILED their motion for a new trial denied |
FROM THE STATE:
the two, C. W. stewart and Elmer,
father and son, went to their death
Anthony Stewart Falls by;
Liquor Even as Did His
SEEKING PUBLICITY
eee ee
Willie Stewart, wanted by city, state
jana federal authorities, is being held,
in the electric chair April 17, 1926. | j bending a decision from Governor A.
Shortly afterwards Willis Stew- | W. McLean, by authorities here.
art, youngest son of C. W. Stewart | Stewart was grraigned before Judge |
‘involved in trouble and was given , George Harriss Tuesday morning, hut
a road sentence. He served only the case against him, charging him
a short part of his time, Governor wif violation of the prohibition law,
McLean paroling the young man wae left open.
‘with the Btatement that his family re
ihad paid much and that the state! Stewart was arrested
!
Mondav
Father and Brothers
Wilmington and North Carolina
have seen the last of the Stewart
klan—for many months at least. —
The Jast male member of that now
famous family trekked out of the
city yesterday, exiled by court or-
j did not require |that one’s all be
, Siven.
Various persons interested them-
selves in the youngster. He tulked
straight and gave the impression
that he wanted to go right. He
‘said he remembered the. parting
advice of his father—to let liquor |
alone and that he meant to take
“108
‘had been paroled several months ago
morning, following a raid at his home,
Wright street, where officers
found him concealed in a trunk. He
by the governor, but on the finding
of whiskey in his hume,, }2 parole
; was revoked. Stewart left the state
and returned several days azo.
der.
Anthony, eldest son of the late
Cc. W. Stevart and brother of El-
mer, both of whom paid with their.
lives in the electric chair for the
murder of Detective Sergeant Leon
George and Deputy United States
Marshal Sam Lilly on July 29, 1924, |
in the wilds of Brunswick, was
the last to go. :
He was preceded by Willis,
youngest male member of the fam-
ily, who quit thé city after he had
i been paroled from a road sentence
by Governor McLean and offered ;
every opportunity by well meaning
citizens to turn from the path seed
by his father and brother and make
a man of himself.
Liquor that was at the bottom
of the George-Lilly murder was
also the determining factor that |
exiled Willis and banished Anthony.
The latter was a defendant in
Judge Harriss’ court yesterday, in-
dicted on a charge of having vio-
lated the prohibition law.
He was ‘given the alternative of
‘serving 12 months on the roads or
‘leaving North Carolina for two
‘years. The eldest son of the Stew-
tart’s elected to go. He had until 4,
p. m. to clear out with the knowl-
that advice, admitting k: could not + Stewart is but a mere youth. who.
drink it without becoming intoxi- (speaks frankly and stated Tuesdzy
cated and starting something. that he would In & short time write an
For a time all went well. The ea open letter to the publie
‘public believed Willis Stewart was :
going to make the grade. But.the i ND
youngster fell. The officers found a : 4 mx yo
quantity of Hquor in his home “a ih
the city and a complete distilling
outfit in the barn at the humble }
*
home of the Stewarts deep in| ee f |
Brunswich’s swamps. Willis, how-| on
| ever, was not to be found. Nor| bis } } i
has he béen back to the city since. | io
With Anthony it was different. !
He was detained by the officers at ‘
the time they were searching for | ;
Elmer and his father but it required
|
jand Willis was arrested, convicted
land paroled. Anthony, however, {
remained steady. But yesterday he ¢ ;
icame before the bar. Again it was Youth’ 5 Penance Here Will
Be Served. Concurrent
only a few minutes for him to con-
liquor and the court, assumed the!lf
With That of State
Time dragged. The father and
son were convicted and executed |
-*
vince the officers he had no part in
the affair and that he was an up-
right and law abiding young man.
position that if the young man, i
‘went elsewhere it would benefit
him, This was the determining
edge that he would ibe placed un-
der arrest and brought back to
serve his time if found in the state
at .any time during the nexi two
‘factor in the sentence which per-
mits Stewart to locate in another
state and go straight—if he cares
| to.
——
do with Willie Stewart, I don’t be-
“Y declare, 1, don't know what to.
years. ‘ Neve in kicking a man that is down, -
said Judge George Harriss, in ‘ad-
dressing the court before sentencing
| the youth, Charged with violation of
‘the prohibition laws of North Caro-
: lina. Stewart was sentenced to serve
‘ 18 months on the county roads, to run
concurrant with the time when he
will be returned to the State Institu-
i tion, should vole, fay 28-192 W. McLean
revoke his parole. “\126 ND
onths '
i Stewart has fou ee
serve in Raleigh should he parole be
| revoked. The sentence was passed.
| by Judge Harriss, who had waited’
_ two days for word from the capitol,
but the governor's absence from the
city has delayed a decision.
Judge Harriss made it plain that he
was at Iberty to re-open th: ecase ir)
complicating developments should
, arise By his sentencing the man be-
fore the gov ernor had acte‘.
(
1
J
§
)
r
€
Po 9-197 ND
‘WS-DISPATCH, SUNDAY, JU
SON OF STEWA
OP
Member Of Family Fam-
ous In Rum Running
Activities Here
F STEWART
J
The following from the Raleigh
Times of Friday afternoon will be
read with interest by Wilmington
people who recall vividly the oper-
ation in this section and Bruns-
wick county a few years ago of
the Stewarts, noted moonshiners of
this section of the state:
“CC, W. Stewart, 2-year-old son
of the last white man electrocuted
‘at State’s prison, was in Wake
county jail Friday awaiting the
time when federal officers will
carry him back to the federal pris-
on at Chillicothe, to serve the bal-
ance of a i16-month prison sen-
tence imposed upon him in the fall
of 1928, in Charleston, S. C., fed-
eral court for rum-running.
‘Young Stewart son of C. W.
Stewart and a brother of Elmer
Stewart, who paid the supreme
penalty in the electric chair at
State’s prison on April 17, 1925,
for killing Deputy United States | a
‘Marshal Sam Lilly and Prohibition | &
Officer Leon George in the wilds
of Brunswick county, was held for
federal officers in Duplin county,
where he had served a term for,
breaking into a filling station near
Kenansville.
Young Stewart was brought to
Raleigh late Thursday afternoon],
by Deputy Marshal Elbert Fitzger-
ald. :
To Mr. Fitzgerald, Stewart read-
ily told of a life of crime, but de-
clared he was driven to lead a life
of crime by the actions of people
in his home section following the
electrocution of his father and
brother in 1925. People down
there made life almost unbearable
for him, he told Mr. Fitzgerald.
Young Stewart, namesake of his
electrocuted father, told of his
rum-running activities, declaring
he operated from Charleston, 8S. C.,
to Jacksonville and Miami, Fla.,
hefore federal officers caught him
late in 1928. Before the federal
officers caught him, he had serv-
ed part of a six-month term on the
roads of New Hanover county for
selling whisky. He escaped from
the New Hanover road camp. Af-
ter serving his sentence at Chilli-
cothe, New Hanover officers will
bring him back to New Hanover
to serve out the rest'of his term.
Before escaping ‘from the Chili-
cothe prison, young Stewart had
served about six months of his 16-
month term.
‘ed
Be it
y
i
oh
“Be
ar
. Ff
a e
Po.
ee
ay
F STFHARTTOROAD
reere ey os rt
HARRISS RETURNS
{court this morning he
arial
see
& ;,u
ae; )
3.
LA
ee Nn
EY y :
ri .
oy
a
: a
thd s
ea, ©
a
rel
a.
aa
BS
Se,
)
Re )
va
oe
3
' ing. I’ve been
- yecalling the efforts in his behalf
‘Lilly and George were killed in 9
”
on the roads {n default of costs.
-yesisting officer charge,
‘jn that the shooting was from am-
Thrice Escaped Prisoner
‘Asks Another Chance
In Lower Court. i
Willis Stewart, brother and son
of the two Stuarts who paid with
their lives for the murder of Leon
George and Federal Prohibition
Agent Sam Lily, was this morning
in. recorder’s court returned to the
county roads by J udge George Har-
riss to serve the two months re-
maining on_ his sentence. ,
' Stewart, who stated that he was
17 years old at the time he was
first apprehended on an assault and
is now 23
years old. In March, 1925, he was
given four four-months sentences
to the county roads in superior
court here, was given & parole by
the governor and went to Georgia,
where convicted on another charge,
he was confined, in the federa!
prison at Atlanta, according to re-
ports. 7
He escaped, returned: here, Was
again put on the roads, escaping
from the hospital in June, 1927, In
stated that
he returned to Georgia and served
the remainder of his federal sen-
tence, and asked the mercy of the
court, saying, “I. am tired of dodg-
doing it since I was
j7, and now 1 want one more |’
chance to finish up my time. I’
go. straight.” \
Judge Harriss opserved that he
had already had three ‘“ehancks,” |:
made by local ' people, following the
execution of his brother and
father, to get a parole for him,
and ordered that he be returnec
to court upon the completion of
his present sentence.
deserted section of Brunswick coun:
ty. in July, 1924. The murder was,
buscade “and included the mutila
tion of tha faces of the two mer
with bullet holes’ and the killing
.
of their dog, one of shocking bru-
tality. -
In additoin. to several cases given
continuances, the following received
judgments:
L. T. Zibelin, assault with dead-
weapon, prayer for two years on
payment of costs and good b-
havior, the defendant .to repor*
once a month for one ycar and
show the court that he had not
violated the law. '
walter McNeal, pleading suilty
o an assault on female charge,
drew prayer for a year on paymen:
of the costs. . ;
Willle Williams, assault, 30 daye
ly
| INFAVETTEN
Thrice Escaped New Han-|
een eee Loe ee Sat
PRISONER ASKS
~ ANOTHER CHANCE
Recorder Returns Thrice Es-
' caped Willis Stewart to
3 County Roads
4-4-|94%2=—-—
Recorder’s court yesterday mori:
ing was featured by the return 0°
Willis Stewart, son and brother of
the two Stewarts who were convict-
ed of the murder of Officer Leon
George and Federal Prohibition
Agent Sam Lilly, to the county
roads to serve the remainder of a
sentence previously given.
It is reported that Stewart es-
caped in June, 1927, and since that
time has been in the federal prison
at Atlanta, Ga., for an offense com-
mitted in Florida. After a sum-
mary ‘of his three escapes from
state or county institutions
Judge George Harriss, the prisoner
said, “I am tired of dodging. I've
been doing it since I was 17, and
now all I ask is the mercy of the
my time.. I'll go straight.”
Judge Harriss observed that ‘he
had already had_ three “chances,”
execution of his brother _ and
to court upon the completion of
his present sentence.
Lilly and George were killed in a
deserted section of Brunswick coun:
ty jn July, 1924. The murder was,
in that the shooting was from am-
buscade arid included the mutila
ition of the faces of the two men
with bullet holes. and the killing
by }.
\ es
court—one more chance to finisn|
if
| recalling the efforts in his behal! |,
‘}made by local people, following the |
father, to get a parole for him, |,
and ordered that he be returnec |.
Thee er ate eth eh OT wh
of their dog.
STEWART IS HEL
a’
®
|
j. over Prisoner Held For’
t . Store-Breaking
:(0-29-(9,
* ‘Willie Stewart, one of the last of
‘the much publicized Stewart family. |'
of Brunswick county, who escaped |.
county |.
stockade last April, was arrested in|;
from -the New Hanove
Fayetteville today on a charge of
Ss. C.'
Stewart’ is being held with Lloyd
Sessoms, also arrested at Fayette-
ville, according to reports received
here, and will probably be returned
to the Bouth Carolina town for trial
before being sent here.
He escaped from ‘local authorities
cape from the county stockade. It
was his third escape from the stock-
ade, where he was serving a 15
‘months sentence. .
His father and a brother were
‘convicted in Brunswick © county
court of killing two prohibition
agents five years ago, and electro-
breaking into'a store at Wampee,
on April 3, when he effected an es-|,
Ribas an'eae oon eene oe -
COUNTY COURT IS
UPHELD IN RULING
ON STEWART CASE
Reward for Surrender of
C. W. Stewart Is Denied.
W. H. Russell and Hoyt:
|
gies |
;, TWO STEWARTS WERE
EXECUTED FOR MURDER
BY BROCK BARKLEY
{ RALEIGH, Nov. 3.—The supreme
‘court today wrote the final chapter
‘to the ill-fated story of C. W. and
Elmer Stewart, father and son, who
went to their deaths in the electric
chair Jast year for the murder of
two prohibition agents, when in a@
per curiam opinion it sustained New
Hanover superior court in refusing
to allow the claim of W. H. Russell:
and Hoyt Kennedy against the city:
of Wilmington for a $500 reward.
Russell and Kennedy made claim
to the reward with the contention
that they had effected the capture
of C. W., the elder Stewart, who
evaded officers for several days af-
lter the murder in July, 124. A jury
-in New,Hanover court, however,
held that the old man surrendered
of his own accord and the high
court found no reason to interfere
with the verdict. ‘
In going to court in an effort to
collect the money the two men held
tthat they advised Stewart that it
weuld be the best thing for him to
give up and that he finally con-
sented after they had assured him
they would protect him against mob
‘violence, feeling being nigh in Wil-
mington at the time. But the de-
fendants n the court action, the
city commissioners of Wilmington,
advanced the theory in rebuttal that
Russell and Kennedy were merely
trying to help protect the old man:
‘as friends, and that he really sur-:
rendered voluntarily when he learn;;
ed that his son was in jail and that
mescape fo him would hk impossible.
STEWART ESCAPES |
BUT TAKEN AGAIN:
BY TUE SHERIFF
749-(92 7 |
In Returned to Prison After :
Appearance In Court
This Morning
Willie Stewart, and Rufus Culbreth,
a negro, escaped recently Seem. th
county roads, and recaptured, were
arraigned before Judge George
Harriss, in recorder’s court this morn
ing, on the charge of escape.
The court instructed that . they
be returned to the roads to to serve
then returned to court for a dispos-|
ition of the new charge. '
pee TU IZT 2
coe az. rs rs Ui
/ ,
‘ ‘
| MONDAY, SEPTEMBER 19,
Pent ts Bitd
pe oF
arn
a8
. é
7
1997.2).
Sheriff’s Officers
| Take Willie Stewart
Escapes From Roads With Negro; Latter Is Taken
"Youngest Member of Once Famous Brunswick Clan
|
During Afternoon While Willie Is Found Asleep on
\ “Pallet” in Home of Earl Brown Today
Willie Stewart, youngest and one
; of the last two remaining male
i members of the Stewart clan which
‘yeaped into the spotlight with the
‘murder of Detective Sérgeant Leon
- George and U. 8. Deputy Marshal
‘Samuel Lilly, is again at liberty
with the forces of law and order
‘baying on his trail. /
f Stewart who was serving a long
;road term for @ multiplicity of
offenses for which he had been
forgiven by the Governor until his
‘parole was broken, escaped from
rthe road gang the last of last week.
iwith him went Rufus Culbreth,
/negro, who had’ served only a few
‘months of a@ three years term im-
‘posed for housebreaking. Culbreth
-was retaken by Sheriff Jackson ane
‘his deputies yesterday and will go
‘back to the roads today but Stew-
‘art has disappeared as completely
ias if the earth had opened and
‘swallowed him up. ‘
The youth, not yet out of his
jteens, has established a reputation
‘for lawlessness and dare-deviltry
that reads more like the fictionized
life of some imaginary two-gun
tman from the border than that of
midst.
He went to the roads as a result
of liquor activities after his father
and: brother had been sentenced to
die for the killing of Officers George
and Lilly and he not only was per-
mitted to come in and attend their
funeral service, after théy had ex-
rpiated their crime in the electric
modern youth living in civilization’s
chair but was paroled by the Gov-
ernor who said, “The state’does not
exact everything.’”’ Helping hands
were held out to the youth, he
promised to go straight and for a
time he did but the old urge was
apparently there and Stewart, still
a boy, violated the parole. He was
arrested at his home in the city,
after he had been found hiding in
a truck and was sent back to the
roads.
Now he is free again and while
diligent effort is being’ made by the
sheriff's office to réturn him to the
stockade so far he has eluded all].
efforts to determine his where-|
abouts.
a
Stewart was taken into custody
éarly this morning at the home of
Earl Brown, by Sheriff Jackson and
his men, the youth being found
asleep on a “pallet”? in a back bed-
room. Brown was also arrested on a
charge of harboring an escaped con-
vict and obstructing an officer in the }.
discharge of his duty. He resides in
the southern section of the county,
just outside the city’ limits.
When the officers called at the
Brown home they were téld *by |
Brown, Sheriff Jackson said, that
Stewart was not there; that he had
been there earlier in the evening but
that he had declined to permit him |
to remain and that he had gone on.
However, the sheriff, unwilling to
accept Brown’s statement, insisted
on looking ipside. He found Stewart
asleep. ‘\
|
a — er =
\
Netra -is
a
|WILLIESTEWART |
"UNDER ARREST
oie Cig» nce
\received here. ; j
Man Who Escaped New Han-
over Stockade Held at Fay- |
_etteyille for Robbery
+ he Ate
Y
' His father and brother already,
electrocuted for killing two prohibi-;
tion agents, Willie Stewart, one of:
the last of a widely known family,
was arrested in Fayetteville yester-i
day for the alleged xobbery, aie
with Lloyd Sessoms, of a store at
Wampee, 8S. C., according to reports
‘
PY
°
Stewart is also wanted for a b: i
from the New Hanover county}
| stockade last April. It was his third}
tescape from the stockade biomes:
serving a 15-month sentence.
It was learned that he will prob |
ably be returned to the South Caro.!
lina town for trial on the robbery,’
charge before being sent back heres
Serre
ae
BOs
TE ae i Ta eres reer
, fig " 7 ie, we ae
eR TER
Chloroform Used To Subdue Unruly
. {Southport Man Held In Horry Jail
CONWAY, S. C.,' Nov. 15—()—
| This is a story about the difficulties
Sheriff: John Chestnutt, of Horry
County, had‘ with an unruly prisoner.
“Yank” Stewart, of Southport, N.
C., Ww 1 on a. house-
breaking charge.
Ripping an iron bar from his
sleeping cot, and securing a. knife
‘{n some unexplained manner, Stew-
‘art set about terrorizing other pris-
yoners. -
¢ Before the jailer discovered the
;state of affairs, Stewart had beaten
‘all but one of the other men held in
,the cell and had made threats
‘against his keepers. * ;
{ Sheriff Chestnutt was informed}
‘and then things began to happen.
' Other
‘from the cell and using a revolver
,to emphasize his remarks, the sher-
‘{ff ordered young Stewart to disarm.
{The revolver had no terrors for the
iprisoner.
f: Next, two husky men on the chal
/gang, one a life termer, offered their
rservices in bringing the desperate
‘man out. They went in, but, unlike |:
‘certain mounted police, they failed
to get their man.
A fire hose was brought into ac-
‘tidn, but this proved ineffective.
The sheriff then bethought him-!.
self to use strategy. Hearing Stew-
art remark his throdt was sore, he
had a physician come to jail osten-
prisoners were removed |:
sibly to see another prisoner.
Stewart asked the physician for
medicine for his throat and the doc-
tor gave him a narcotic which, he
said, would “knock him out’’ in 10
minutes.
something to happen, Stewart dozed
off and Sheriff Chestnutt had him
chloroformed. ,
; escaped from the Horr count
: jail early today, . —
He was still at large tonight,
a
and is held:in a cell of his own.
Te
| Jail yesterday, is recalled here by |'
| Police as Willle Stewart,
This had no effect.
After an all-night vigil waiting for |'
He now is deprived of his weapons
aon aah ae
: Horry County’s ‘Bad Man’ |
Escapes From C onway Jail,
CONWAY, S. C, Dec. 18.—()—
“Yank” Stewart, referred to by of-
ficers as ‘‘Horry county's bad man,”
Will Hayes, who escaped with Stew-.-
art, was recaptured. A month ago
Stewart was given a dose of chloro-
form by a doctor and officers to
keep him quiet in his cell. Officers
reported on Wednesday he severely
beat another prisoner. :
Officers said Stewart Is wanted |.
in Wilmington, N. C., where they
said he escaped from the chain
oe (219980 5 |
STEWART ESCAPED HERE
ei WITHIN LAST 12 MONTHS
Yank” Stewart, reported to have
escaped from a Horry county, S, C.,
Officers at headquarters said]:
Stewart escaped from the chain i
gang in New Hanover something |:
less than a year ago. He was serv- |;
ing a sentence for violation of the},
‘| prohibition law, they added,
~~
a
*
P
:days of an unexpired term here—|
WILLE STEWART:
Rom stare
ib 10 aa
( cert to Face vied
There; Nearly cielo
Out. Escape Threat |
The South Carolina sheriff's 4 ee
| ties who came to Wilmington with}
requisition papers for Willie “Yank;
Stewart, acknowledged, bad man,:
narrowly missed having to admit,
Stewart' had accomplighed his brag:
“T’ll leave my shackles ener you
can find them.” .
Stewart, serving the remaining 30°
‘had escaped—was taken to Con-
way, S. C., yesterday after extradi-
tion papers had . béen’. filed with!
@heriff John, R.\ Morris, | of New
Hanover county, ©! yt '
i Sheriff Morris said ‘last night that}
Stewart had almost completely filed,
this shackles through, both on his;
‘arms ‘and legs when the South
Carolina deputies came for him, He
‘had filled the gaps with’ soap ani
saw. Stewart admitted that .he in+
tended making a break sometime
before Monday, according to ‘Sheriff
Morris. ij
Stewart comes from a family of
‘criminals, both his father and
brother already having been electro-
cuted for a crime in Brunswick
county. He began ‘his career cf
crime in Wilmington, immediately
being placed on the county ‘roads,
Thirty days before he was to have
been released he escaped. He. was
next heard from in Conway, 8. C,,
where. he was imprisoned on convic+)
tion of house breaking and _lar-
ceny:’ He escaped from’ Conway and.
returned to Wilmington, where he;
was captured about two\months ago.°
Since that time he hag been com-
pleting -his previous term) here, He.
will now be placed back “in jail at
Conway. .
Sheriff Morris described Stewart |
as a nice looking young man with
a good face who is always humor-
ous and good natured—but’ exceed-
ingly dangerous, He says himself |
that he is bad, Sheriff Morris said
Yesterday when’, Conway | deputies
rairt to hide the marks of ‘a haok'/¥
et ‘Anthony Stewart Held
~.*. On Prohibition Count
Anthony Stewart, son and brother
of the two men who were electrocut-
ed for thé murder of yeon George
and Sam Lily in Brunswick county
in 1924, is scheduled to be tried at
‘the next term of Wilmington féder-
al court for violation of the prohi-
bition law following his arrest, to-
gether with Albert Ramsey, at a
. still in the Scott’s Hill section last
' night. | , ‘
' The men, both of Wilmington,
were ordered held by U. S. Commis-
sioner Porter Hufham at a hearing
this morning. Bond for each was
set at $500,
* Prohibition Agent V. G. Spivey
said they were taken at a 60-gallon
still, which was in operation at
the time of the raid. A large quan-
tity of liquor and eight barrels of
mash were also confiscated. Depu-
ty Sheriff R. B. King, of Delgado,
assisted Agent Spivey.
Anthony is the son of the late C.
W. Stewart and brother of the de-
ceased Elmer Stewart. Both were
tried and found guilty of the slaying
of George, a Wilthington detective
‘
8 Brunswick’ during .March of 1924
while the officers were ® looking for
a still. Pee
ple P32 s S|
ANTHONY STEWART
CAUGHT AT STILL
Federal Men Seize Kinsman of
Late C. W. and Elmer Stew-
sae Who Slew Raiders |
6 eats erat sn
* |
' Anthony Stewart, 34, son of the:
‘late C. W. Stewart and brother of}
jthe late Elmer Stewart who were ;
‘electrocuted for the murder of two!
officers seeking a liquor still in 1924, 4
was arrested at a still early yester-.
-day morning in ‘the Scott’s Hill
‘section by federal prohibition agents.
‘ He was arrested with Albert Ram-
‘ sey, 82, and at a hearing before U.
OO em pga stage
f . TaN,
were shackling the prisoner. hand
and foot, ‘Sheriff Morris ‘quoted
Stewart as laughingly saying “See
how bad I am, l6ok what they
have to do to me.”
Stewart, when epprehendea, here
in'the Liberty shipyards by a squad
tot city and county authorities, was
carrying several deadly weapons.
{Shortly before being captured. word
;came te police that he was going to
‘shoot {t out with ‘police “next time”
‘and swore that he would never be
‘recaptured alive. When he was sur-
‘prised and taken he was quoted as
S. Commissioner Porter Hufham
‘they were bound over to the spring
term of federal court under bond
of $500 each!
Agent V.:-G. Spivey, who with
Special Deputy R. B. King, of Del-
| gado, made the arrests, saia the
men were working at 60-gallon still
where a large amount of liquor and
eight barrels of beer were seized.
| Stewart’s brother and father were
sent to the chair for the murder of
a ee emprrnene
Leon George,. Wilmington detecitve
“sergeant, and Sam Lilly, U.S. depu-
ty marshal, who were shot to death
‘at Bob’s Branch in Brunswick}
——*t
sorrowfully saying, “I. wish I bad
killed myself.”
" is ing for a liquor still.
county in March, 1924 while search-
‘
Eo © 8 Cerin ceerpeenneny
sergeant, and Lilly, United States:
deputy marshal, at Bob’s Branch in,
]
SEP wees
=
__ B22-(933
“Yank’ Stewart!
|Arrested Here
|As Bank Bandit
Held as One of Four Men|:
Who Got $4700 in Con-
way ‘Stickup’
PROFESSES IGNORANCE
Other Arrests Expected
Here; One Suspect Held
on Another Charge
Cc. W. (Yank) Stewart was ar-
rested last night about 8 o'clock
at Second and Wooster streets on
a warrant charge of participating
in the robbery last week of the
Peoples National bank of Conway,
8s. C., in a holdup which netted
more than $4700.
The warrant was sworn here
Monday by sheriff’s officers from
Horry county, of which Conway is
the county seat. The officers turn-
ed the warrant over to Sheriff C.
David Jones, who advised police
headquarters. The arrest was made
by City Detectives Coleman, - Cas-
teen and Fales.
The officers did not disclose
to Sheriff Jones the basis on which
the warrant was drawn. the sheriff
said. ’ ‘
Additional arrests are expected
short)y, and Sheriff Jones said one
man already in jali here on an-
(2 charge is a. suspect in the
part.
Police said Stewart denied any
knowledge of the holdup, declaring
he “wished he had” taken part
in it.
Stewart is the son of C. W.
Stewart, Sr., and the brother of
Elmer Stewart, father and son who
were electrocuted in North Caro-
li.. state’s prison for. the murder
Jof U. 8S. Deputy Marshal Sam
Lilly and Detective Sergeant Leon
George of Wilmington police. The
officers were slain from ambush
at Fox Branch, North West town-
Stewart has a varied prison rec-
ord of his own. Officers here said
he completed only a few weeks
ago a prison sentence in South
‘Carolina for holding up a filling sta-
tion i Horry county, having been
tried in the same town in which
ths bank robbery took, place on
tMarch 14.
The robbers who stuck up the
bank last week fled in a car bear-
ing a Nbdrth Carolina license, later
discovered to have been the tag
stolen from R. Kenneth Weeks, of
| Wilmington. They made their es-
‘cape in a hail of bullets, and later |
their car was found fourteen miles
from Conway in the direction of
Georgetown. Several bullets had
hit th» machine, and bloodstains
were fourd in ft.
robbery, . in which four Tien took
ship, Brunswick county, in March:
11924.
4
Sea > nese ae
Se end
| ficers, surrendered to overwhelming
| gang, where he was sent on convic-
|landed Willie in jail yesterday in-
‘lof the city force: Deputy Sheriffs
POLICE CAPTURE .
WILLIE STEWART
Army of Officers Catch
Oft-Escaped Convict
j
Here Monday ~° ': ;
(2:23-(93992———
Descending on the old Liberty{
shipyard in force approximating an:
army, officers—city, Sheriff's and|
county—yesterday captured and
lodged behind the bars of the county
jail, Willie “Yank” Stewart, oft-
escaped and much sought convict. .
Willie, son of one and brother
of the other of the two Stewarts
executed several years ago for the
murder of two law enforcement of-
aeetin ee >
force without a show of resistance,
officers said,
He is wanted here to finish out
an unexpired term on the county
tion of violating the prohibition law.
H> escapeg. about a year ago. He!
also faces a charge of jailbreaking |
In addition, the prisoner is want-
ed in Horry county, 8. C., to an-
swer a storebreaking charge. Cap-
tured in the Palmetto state abou!
two weeks ago, he escaped frony the ;
jail at Conway eight days ago. j
Officers said after Stewart’s cap-
ture they did not know whether:
he would be held here to face
charges, or whether he would be
turned over to South Carolina anth-
or'ties.
Arrested with Stewart at the ship-
yard yesterday afternoon about 4:30
was Maxie Bolton, occupant of a
building on city property. He was
charged with “harboring a fugitive
from justice.” He was placed in the i
city jail, but later released on bond. 4
i
?
Both Stewart and Bolton ara} '
scheduled to be arraigned in re-
corder’s court this morning.
Willie. Stewart has been ifn the :
toils of the law on numerous oc- |;
casions. At the time his father, C.}
W. Stewart, and his brother,
mer Stewart, were electrocuted for
the murder in Brunswick county
of Sam MKhilley, deputy U. 8.
Marshal, and Leon George, Wil-
mington detective sergeant, Willle
was serving a sentence, He was par-
oled shortly after their execution.
Officers forming the party that/
cluded Fales, Casteen and Coleman,
Hale, Massey, Starling and Crews; |:
County officers Davis and Phile- |.
mon.
1 Ww. Stewart, and his brother,
Mi) | tne Guurder- in Brunswick county
‘| of
| Marshal,
| mington detective sergeant, Willie
Po
Bs Sf i Usa
a H1B0N
omen,
THE WILMINGTON NEWS,
"STEWART SENT
~ BACK TO ROADS
xe outh Appears Before
| Harriss On Familiar
'. .Charge Of “Escape”
' Wills “Yank” Stewart, nursed
ily an escaped and much sought
‘convict, both in North and South
‘Carolina, who was capturéd by a
Jlarge posse of local officers at
‘the old Liberty shipyard yester-
day, this morning again faced
Judge George Harriss, recorder, on
‘the familiar charge of - “escaped :
prisoner.”
i Willis, whose ‘father and brother
‘were executed several years ago
for the killing of two dry law en-
‘forcement officers, was ordered. re-
turned to the county roads to
‘serve the unexpired term. He
tion of the former sentence.
Arrested with Stewart at the
shipyard yesterday afternoon was
‘Maxie Bolton, occupant of a build-
‘ing on city property. He being
yheld in: bond of $100 on a dharge
of harboring an escaped prisoner,
tria] being set for December 27.
Stewart escaped from the county
roads here, where he was’ serving
time’ for violating the prohibition
law. In addition,
Horry county, S. C.,- to answer
to a charge of _ stose-breaking.
Captured in the Palmetto’ state
from jail
ago.
Willis Stewart has been in the
at Conway eight days
‘| toils of the law on numerous oc-
casions, At the time his father, C.
El.
mer Stewart, were electrocuted for
Sam. Lilley, s.
Wil-
deputy U.
and Leon George,
was serving a sentence. He was par-
oled shortly after their execution.
County officers Davis and Phile-
mon, ,
Pa
is}.
to be returned to court at expira-7
he is* wanted in}.
about two weeks ago, he escaped}
‘Officers forming the party that |:
| landed Willie in jail yesterday in- }:
cluded Fales, Casteen and Coleman, |.
of the city force: Deputy Sheriffs |:
|| Hale, Massey, Starling and Crews; |,
.-
~~_—- — -*
itence was ordered | yesterday by
| Judge George Harriss for Willie
|vict who was caught here Monday
jafternoon by a group of officers.
Stewart
‘to face charges of escaping. Stewart
“——"
Stewart Is Ordered
+ — Back To Chain Gang
(2-24-1305
Return to.
complete
the county roads
to an unexpired sen-
“Yank” Stewart, oft-escaped con-
' The county recorder ordered
returned into court on
completion of his current sentence.
made his getaway from the county
‘|gang about a year ago, He was|’
serving a sentence for violation of |'
the prohibition law.
Trintl a@ RFawin Datsnn
memaatad
ee ee we
STEWART HELD
sol BANK CASE
aa Here On Re-
: quest Of Horry,S. .
C., Officials
' ,
}
nt. caine at es te
C. We (Yank) Stewart was beng
held in the county jail here today, .
as authorities continued their in-!
vestigation of clues through which’
they hope to clear up the re}
cent $4,700 robbery of the People’s.
National Bank of Conway 8. Cc. :.
' Stewart was arrested at Second,
and Woster streets shortly after |
8 o'clock last night by City Detec- ;
tives Coleman, Casteen and /Fales.
His arrest followed receipt of a
telegram last Monday by, Chief of
Folice J. S. Lane from ‘Horry
county authorities, stating they had
a warrant for Stewart as a par-
ticipant inthe hold-up.
' Chief Lane said today he under-
stood the warrant was drawn on a}
basis of fingerprint evidence taken |
from a stolen license plate found
on the car which the four men used |
to escape. The plate was stolen
from the automobile of a Wilminz-
ton man a few days’ prior to the |'
robbery.
- Stewart, who only a few weeks
ago completed a term in. a South
Carolina prison for holding up a
filling station in Horry county, is
the son of C. W. Stewart, Sr., and
the brother of Elmer Stewart, who
were electrocuted in state’s prison
for the murder in Brunswick: coun:
ty in March, 1924 of U. S. Deputy
Marshall Sam Lilly and Detective
Set. Leon George of the Wilming-
ton police force.
, The Conway vank was held up
on March 14. The robbers made |:
their escape in a hail of bullets and
later their machine was found
‘abandoned. Several bullets had
‘struck the rear of the machine and
bloodstains were found on the seats.
Sheriff C. David Jones said to-
day that Horry county officers
were in Wilmington Monday work-
said he was told at the time that
two local men were under. suspi-
cion.
He: quoted the New Hanover
jcounty jailer, Marvin Ross, as say-
jing that Stewart visited the jail
around 12:30 o’clock on the after-
noon of the robbery in Conway.
When arrested.. Stewart denied
any knowledge of the hold up, de-
jelaring he “wished he had” taken
part in it.
° eae
Cee weer mes 8 wm anne
92441935
ing on local angles to the case. He |:
YANK STEMART
FREED OF BLAME
| Fingerprints ’ Exonerate
Him From Bank
oH- 1 David Jones said today |.
that #orry ‘county, South Caro-
lina, authorities have instructed
Stewart, who was jailed here Tues-
day night on a charge of: partici-|'
pating in the robbery of $4,700
from the Peoples National. Bank
of Conway, S. C. nen
Stewart was arrested here by:
detectives of the Wilmington police
|force, who acted in compliance!
with requests made upon Chief J.
S. Lane, by Horry county officers.
It was learned ,on the night of
| Stewart’s arrest that the “evi-
\|dence” against him consisted of
fingerprints taken from the stolen
number plate used on the bandit
ear. Today Sheriff Jones said a
fingerprint expert from the South
Carolina prison had yisited the
| jail here and
| fingerprints. The new examination
revealed they were not those on
| the ‘license plate, the shriff said
he was informed.
The day after Stewart’s arrest,
it was learned from Marion Ross,
a friend two hours before the rob-
ibery in Conway.
4
in the South Carolina penitentiary.
_His father and brother were elec-
,; trocuted for, the murder in’ Bruns-
* wick county in March 1924 of U.S.
‘Deputy Mashal Sam _ Lilly’ and
} Leon George, a detective of the
| STEWART IS FREED
IN BANK ROBBERY |
| obornrinte’ Show He Was
him to release C. Willis (Yank)|;
secured Stewart's!’
oe
the New Hanover jailer, that Stew-|.
art was in the local jail to visit|:
Stewart has a police record here
and has served terms for robbery |:
ao an hm ot,
Not One of Four Men Who
5 Got $4700 had Conway
©. W. (Yank) Stewart was a
man last night, having been ab-
solved by a fingerprint expert of,
blame in connection with last
week’s $4700 robbery of the Peo
ple's National Bank of Conway, —
is, Cc. ‘
Stewart was arrested here Tueg-
\day night by city detectives on a:
warrant drawpy by Horry'county of-
.ficers, Evidence against him con-
\Sisted of fingerprints on the~ stol-
‘en license plate of the bandit auto-
‘mobile which the four holdup men
abandoned fourteen miles from)
Gonway. Sheriff CG. David Jones
said yesterday, a fingerprint , ex-
pert from the South: Carolina pri-
son department had visited Stew--
art in jail here and found that his
prints did not tally with those on
the. license wate.
WILE STEWART,
APE APE, CAUGHT
at ae thers, Allegedly
From 'F Livia, Are
Also Arrested
Willie (Yank) Stewart, young but
notorious Brunswick county man,
‘was arrested with three compan-
ions at a house near Sixth and
Meares streets last night by offi-
cers Who later found two revolvers
and an automatic concealed in the
i Wilmington police force.
,
se ene eee
<a a
house,
Carolina and Virginia prisons,
sheriff’s deputies said.
he left six months of a term un-
expired when he made his get-
away in this state and seven years
unexpired when he escaped in Vir-
ginia,
The three men arrested with
him, E. F. Kitchen, Lester Kitch-
en and Jack Richardson, are from
Florida, the officers said, All four
are being held pending an investi-
gation of their records.
The quartet was taken into cus-
tody by a squad of city police and
sheriff’s deputies. \
Officers would not say today
whether a suddehly renewed inves-
tigation of a mysterious triple
seven years ago has any connec-
tion with last night’s arrests.
, Stewart is an escape from Norfh;:
They said’
drowning at Synset Park six or
pene TA ade
i
229 \7? 5
Pie ee a i COS sett end eli!
4
sane
Stewart Turned Over :
3 To Prison Officials
‘Willie (Yank) Stewart, young
Brunswick county white man with}:
a Jong court record, was turned |}
over to state prison camp authori-
ties yesterday by Sheriff C. David
Jones. i
Stewart is said to have escaped
with six months of a prison sen-
tence unexpired, and later. to have
escaped from a Virginia prison
where he, “was serving a six-year
term. ,
Three men ‘egreated with him in
a house here ‘ast week. remain in
the New Hanover county jail. They
are being held as fugitives from
Georgia. The quartet’s arrest was
fol'owed by discovery of two auto-
matics and a revolver in the _hoyse
they occupied. arf F35 "N-
wy
|-31-1136 S
WILMINGTON MORNING
Glancing Backward
From the Files of The, Wilmington Star
10 Years Ago Today
Athletic field is practically assured for city; |
canvass will be made this week to raise re-
maining necessary $900.
Formal revocation of Willis Stewart's parole
is received by Sheriff Jackson; youth is al-
ready back on roadé serving time,
25 Years Ago Today
|
~~ o
)
)
3
)
J. A. D. McCurdy, noted flier, who is sched- 9
uled to come to, Wilmington in March for an
exhibition flight,’ was forced down today in an 3
attempt to fly from Key West, Florida to
Havana, Cuba. Within ten miles of his goal,
motor trouble developed and the flyer de-
scended on the water after establishing a long
distance flight record estimated at ninety-six
miles, He was picked up by the gunboat
Terry. The ld Castle was standing close
by.
50 Years Ago Today
Two sailors got to fighting on the barque,
Unkel Braesig, yesterday afternoon, and the
captain, who was unable to separate them,
had to go ashore and secure the assistance of
an officer. One sailor was arrested. ,. .. He
fs said to be the aggressor, but it was under-
stood the other man would also be arrested,
1
2
~~ ww iv
‘and was sent to a state prison
Willie Stewart
Given 12 Years
In State Prison
SANBSaN
Judge Frizzelle Sentences
Young Man “For Good Of
Yourself and Society”
Declating he felt Willie (Yank)
Stewart, 30-year-old son and
brotheg'of the Brunswick county
pair who died in: the electric chair
for the murder of Leon .George
and Sam_ Lilly, local _ officers,
“hasn’t had.a fair chance,” Judge
J. Paul Frizzelle in New Hanover
superior court today ‘sentenced
Stewart to the state’s prison at
Raleigh for 12 years, “for your
good and for the good of society.”
“Tf you make another escape, |
don’t kill anybody,’
ded. He then called Stewart to
the bench and spoke with him
privately.
the judge ad-
Beforé sentencing Stewart in the |!
two charges in which juries found
him guilty yesterday and this morn-
ing, Judge Frizzelle heard Sheriff
C. David Jones give what he
knows of the young man’s record.
The sheriff said Stewart was given
six months about a year ago for
violating the prohibition law here
camp near here. He -escaped and
went to Virginia and was given
two years in the Virginia: state
prison for car robberies. He es-
caped after serving a few months.
Stewart then turned up in Wil-
mington and was’' apprehended,
along with four men wanted in
Georgia for a robbery. He: was
sent to a prison camp in Wayne
county and again escaped. He was
captured here in a Front street
rooming house after having been
caught- and eScaping in Conway,
S. C. He was charged with es-
caping, with larceny of an auto-
mobile at Goldsboro, with ‘larceny
robbery of Ira L. Hill on Com-
munity Drive, and with the rob-:
bery of $250 from the safe of the
Powell store in Brunswick county.
He is also wanted in Georgia,
Pointing out that if Stewart was
convicted on all these charges and
given average terms and gerved the
unexpired portions of sentences al-
ready meted out that he would
spend the rest of his life in prison,
Judge Frizzelle gave him eight to
10 years for the Hill robbery and
two years additional in_ state’s
prison for the larceny of the auto-
mobile belonging to John L. EI-
more of Country Club Pines.
The court appeared deeply in-
terested in Stewart’s case. : He
asked Stewart about his life and
was told that he was born in West
-| Virginia and reared in Brunswick
county, and that he had stopped
school after finishing the fifth
grade.
“If you can give a truthful an-
swer I would like to know why
you re-embarked on this career -of
crime?” the court asked. Stewart
did not answer directly. He spoke
of being first imprisoned for handl-
ing liquor and said he “had to
escape” because “they made it so
hard for me.” He declared that
from that day on “they - blame
everything that happens in North
Carolina on me.”
oot
et te tet OT tm
_2s—o ~~ 2
of an automobile here, with the
(Continued on Page 7, Column 2)
mn mee ener BEE Lk
RR AF A NR ett + iat oe ee
Washington Police
Nab Yank Stewart
\ESCAPER SENTENCED
_ FROM NEW HANOVER
Was Serving Eight To Ten
Years On Charge Of
Highway Robbery
Willis Charles (Yank) Stewart, es-
caped North Carolina convict, is be-
ing held in Washington, D. C., for
North Caroling authorities, it was
learned here this afternoon via the
Associated Press.
Stewart, who has a long escape
record in North Carolina, was’ cap-
tured in a Washington rooming
house last night by Sergeant Rich-
ard Cox, of the Washington police.
Cox said Stewart on two previous
2 4 a , aN" 6)
ro Ca aT One)
occasions in the past two weeks had
escaped when the detective tried to
corner him in the Washington house.
Stewart’s escapes date back to
19382 when he escaped from the state
prison at Raleigh. He was arrested
and imprisoned.in Richmond, Va.,
escaped again and was re-arrested in
Raleigh and escaped for the third
time.
His latest escape was made from
the Jackson county prison camp July
24 while he was serving eight to tan
years for highway robbery. He: was
sentenced May 13, 1935, in New Han-
over superior court. _ .
When hg completes his term in
North Carolina, the state of Virginia |
has sequested he be turned over to
Virginie authorities.
_ Stewart’s father and brother, C. W>
‘and Elmer, were electrocuted in the
North Carolina state prison chair jn
1925 for the mwrder of Detective
Sergeant Leon George of the Wil-
‘mington police and Deputy U. S:
Marshal Sam Lilly in an ainbusb
shooting at Bob’s Branch, North
West township, Brunswick county,
Outlaw:
Frightened man doesn’t study chair
By John Coggins
Staff Writer
Twenty-two years is a long time but
Charles ‘‘Yank” Stewart remembers
1954 well. It was the year local law of-
ficers declared him an outlaw, making
it legal for virtually anyone to shoot
him on sight.
The outlaw statute has been on
North Carolina law books since 1866,
when the state legislature enacted it to
combat widespread lawlessness after
the Civil War. While other states have
had similar legislation, North Carolina
has been the only state to retain it.
Wednesday, a panel of federal judges
found the law unconstitutional.
Stewart wasn’t shot in 1954. As-he
tells it, he wasn’t even worried.
“It didn’t mean a thing to me
"STAR"
lo-16 -70
because I knew that anybody that
knowed me wasn’t gonna hurt me.
And the people that didn’t know me
wasn’t gonna hurt me because they
didn’t know where I was.”
Still, he admitted in a recent inter-
view, the unexpected can always hap-
pen.
“If you ran into some damn fool
that didn’t know you he’d probably
haul off and shoot you just for the
reputation.” And, Stewart said of an
outlaw, ‘‘He’s as good as dead if
anyone wants to shoot him.”
Now 71, Stewart spent most of his
adult life in and out of state and
federal prisons. His story is a long one,
stretching over nearly a half century.
The Stewarts were originally from
West Virginia but moved to
WY PINK
STEWART
Wilmington around 1912, he said. In
the 1920s, his father and one of his
brothers were tried, convicted and
later executed for killing law officers
in Brunswick County.
In the following years, Stewart had
his own run-ins with the law and, in
_1925, drew his first prison sentence
after a shooting incident involving
another youth.
At the time, he was 18. The
sentence, as he recalls, was only 18
months. But ‘‘one thing led to
another”’ and it was 23 years before he
completed the sentence.
_ “TI started that time in 1925 and I
finished in 1948,”’ he remembers.
But the story doesn’t end there.
See OUTLAW, Page 2
Staff pnoto
Charles “Yank” Stewart was declared
an outlaw by North Carolina
authorities in 1954, making it possible
for virtually anyone to shoot him on
sight. Thursday,.a panel of federal
judges found the state law uncon- -
stitutional. Stewart, now living: in
Wilmington, said that at the time, he
wasn’t worried somebody would
shoot him.
Willie Stewart Flees
@ Colorful Bad
Man One Of 6
Now At Large
Native of This Section Was |
Serving 10 to 12 Years
| F or Local Robbery
HAS ESCAPED OF TEN
Western North Garolina
Authorities Continue —
- Search for Convicts
Willie, alias Yank Stewart, of
‘Wilmington and Brunswick county,
most colorful bad men in ‘this sec-
tion, escaped from prison again Sat-
‘night,
Stewart, according to an Asfociat-
_ed- Press dispatch,’ is one of gix
‘Sw -
Lakeside. He ere ‘his escape after
the robbery in a stolen car, fleeing |,
‘to South Carolina, Officers in that
state pursued him and succeeded
in capturing the car in which he
was riding, but Stewart eluded
them. He returned later and stole
the automobile from under the
noses of South Carolina authorities,
to’ return here. He was captured by
local officers in Sunset Park.
Given a 10 to 12 year term, Stew-
art attempted to escape from the
Caledonia prison camp. But a bullet
proof vest he had made of maga-
zines ‘was ineffectual and he was
wounded by pursuing guards. A kid-
ney punctured by buckshot, he lay
in the prison hospital at Raleigh
for months before he was able to |
be sent to a road camp again. __,
His bans to escape turned out
more successfully Saturday night,
and he remains at large despita the
pursuit of officers and bloodhounds,
Stewart is the son of C. W.-Stew-
_art and the brother of Elmer Stew-
art, who were electrocuted about 10
years ago for the murder’ of Sam
Lilly, a United States deputy mar-
,8hal, and Leon George a New Han.
over county special es il sada in
Brunswick county.
whom local. officers term one of the |
Officers recalled the Stewarts who
; Operated a-still in the Brunswick
- county swamplands,
urday night, Sheriff C. David Jones |
was informed by prison officials last :
ambushed the
two officers at Bob’s branch ford in
,Brunswick county as they began an
expedition in search of stills.
The
officers were riddled with shotgun
slugs and pistol bullets and even a
‘convicts remaining at large of 10.,| 4g owned by Lilly was killed in the
pwho participated in a wholesale de-)
-livery from the Bryson City prison’
‘camp. He was serving 10 to 12 years
for a robbery here. ca}
Notorious Chistaeler
According to the recollections of '
local police officers, Stewart has had-
a notorious career in crime. Re-
Jeased from the South Carolina state:
prison in 1933 after spending 18:
months of his bank robbery, wen-'
-tence in solitary confinement, Stew-:
art returned here. Shortly after his
‘return he was sent to the. roads,
‘under a prohibition law convictjon.’
-He enoaped © and was recaptured.’
only to escape: again.
‘His next escapade was the. rob-
pery of Ira Hill, of Wilmington, at
(Continued on Page 6; Column 8)
fussilade, of bullets fired by sng
: Stewarts, ea recalled,
SIX SOUGHT ’
BRYSON CITY, July. 25. —(»)—
|Bloodhounds and a large posse of
officers and prison camp guards were
combing the vastness of Sdco moun-
tain, in the Great Smoky Mountain
national park area, tonight for six
of the 10 convicts who escaped Sat-
urday night from a state prison
camp near here.
Four of the 10 men were cap-'
tured this morning by Officers. Six
of the convicts stole an automobile |
belonging to Don Craig and drove
for 12 miles on a mountain road
when they had to stop because the
road was impassable. The blood- .
hounds picked up their trail and the:
automobile with the six men in it,
was surrounded by officers. Two of
ithe six escaped but four of them
. were captured.
'’; The four taken were: Wade Loftin,
sentenced in Davidson county to 12
to 15 years for highway robbery;
a
': Zeb Honsucker, Mecklenburg coun-.
' ty. serving seven to 10 years for
; robbery; C. E. Smith, Robeson coun-
ity, eight to 10 years for robbery and
‘firearms; and D. S. Spivey, Lee
. county, five to seven years for bank
y robbery.
j The six still at large are:
Vernon Mack, of Culberson, N. C.,
c serving five to seven years for lar-
ceny; Luther Dishmond, Rocking--
ham county, 10 years for larceny;
{Alvin Mansfield, Bertie county, 10
‘: years for receiving stolen property;
; Fred Wheeler, Buncombe county, 10
| years for robbery and assault with
j) intent to kill; Willle Stewart of
|| Wilmington, 10 to 12 years for rob-
{| bery; and a convict yet unidentified.
CONTFINVED
“STAR” lO-)L-7
Gudlaw —
Continued from page 1 Wee
' Along the way, Stewart also spent a
considerable amount of time in federal
prisons. He started at the Lewisburg
facility but, after an escape, was
transferred to the maximum security
unit at Ivy Bluff.
Again, he escaped, prompting a
transfer to Leavenworth. Later, he
went to Alcatraz, where he remained
until the prison closed. He went back
to Leavenworth, then back to
Lewisburg, where he finished his
federal sentence.
He was released for the last time in
1970 — 45 years after he first went to
jail.
Looking back on it all, Stewart
blamed some of his prison time on the
fact he was “‘just a kid.” es
“A young kid 16 or 17 doesn’t have
sense enough to realize what he’s do-
ing. You take a kid and get him
screwed up and there’s no telling what
he’s liable to do.
“They (law officers) get to chasing
him and he’s running 90 mph and he’s
liable to kill 25 people.”
Also, once in prison, it’s not hard to
go back again and again, Stewart said.
In his own case, repeated escapes, in-
terstate flight and a number of rob-
beries magnified an 18-month term
into the better part of 45 years.
“You try and get out from under
one thing and you get into something
else a little bit deeper. One thing leads
to another and you get tangled up in a
mess you can’t get out of.”
Take 1954, for example. At the
time, Stewart was out of prison. But
he was implicated in series of rob- .
beries. After being arrested, he com-
plained of stomach pain but, when
deputies tried to take him to the
hospital, he escaped and robbed a
grocery store. Consequently, he was
declared an outlaw. Later that same
day, he was captured.
While Stewart denied being an out-
law had any psychological effects on
him, he said he has seen cases where it
does have an effect. But, he said, in-
stead of scaring a man into immediate
- Surrender, it can make him even more
desperate.
And, in some cases, it can make him
dangerous, as he tries to live up to his |
sudden “‘reputation.”’
One’man in particular he .,
remembered. After escaping from
prison he robbed a store and was
declared an outlaw.
“That made him think he was bad
sure enough” and, during a second
robbery, he killed a man.
Based on his own experience, those
of others and years of reflection on
!
ft
crime and punishment, Stewart said ©
he never saw any case where he
thought use of the outlaw statute was
justified.
“I think it would be a good thing to
get rid of it altogether,” he said.
Stewart also opposes capital
punishment on grounds it does nothing -
to deter crime.
“It doesn’t stop crime and it doesn’t |
stop murder. It never has and it never °
will. It doesn’t even slow it down. '
“A man doesn’t stop to study that
electric chair when he’s frightened or
excited. That’s the last thing in the
world he’ll stop to study, is that
electric chair.”
His outlook influenced by years in
prison, Stewart also believes “Every
man is a potential murderer, I don’t
care who he is.”’
In this context, he questioned
whether laws alone are sufficient
deterrents.
“People have got to stop it
themselves,” he said. “‘That’s the only
way it’ll ever be stopped.
“If you see a man go out here and
beat another man half to death and
leave him laying there half dead on the
Street and you offer no resistance,
then you're just as guilty as the man
that done it.
“Until people realize that and try
and help one another, then I don’t see
much help for it.” '
As it is, he said, “People ignore it
and won’t have anything to do with it.
They could care less.”
ae & penitentiary
s Glenn
artment
on ae tT
meat, 4 reach of ‘he Weshing~
tem Convention, This declaration
i he Hee Ul
WELFARE TANGLE
Says He Wants To
Withdraw Recent
Resignation
COMES UP SOON
—_—-—_
Myr. Andersen Would Continue As
tagments ta coo-
Megtetrate Par-
8¢ has been coa-
ecome time by
Ba G. Rirdeooeg.
-eaee Pay
twe plaia-
the tm the coal
~~ He hee been
etfure of the etty
re
, Whe te a member
% poke at the invt-
“Parcoa”
ée ef
stion ta Car
i the
s have boon
a the meve-
eclared emphatical-
svelopmeat ef the
tland weterwars
retght rates, carry
step farther en the
iy by cupplemest-
creat progressive
tion of highways,
waegiocted agriewt-
* astal cauntiesa
Supertutendent Ker Another. Yar
Under Conditions
A new angle that may further
complicate the controversy over the
selection of a new superintendent
of welfare in Wake developed Wed-
nesday when it became known that
Charlea H. Anderson, who recently
resigned, has requested that his rea-
ignation be reconsidered with a
withdrawal in order that he can
fll out hie unexpired term. Mr. An-
derson te still serving aa superin-
tendent pending the electiun and
approval of a successor.
Mr, Anderson's request in the
form of a letter to Chairman Millard
Mial, of the board of cunimission-
ers, will be aubmitted to the joint
board of commissioners and educa-
tion when the question of a new
superintendent comes up Monday
afternoon. He suggests that recent
promises in .he form of additional
“‘Rnancee will enable him to continue
hie dutios with the sid of an ae-
aistant. Superintendent Anderson
sent tn his resignation because his
health would not permit him to at-
tend to the heavy duties, but he
thinks he can carry on the work
with some more help.
The injection of
into the controversy may rsettie
the matter for at least another
year if the joint boards reconsider
their action in accepting the recent
resignation and allowing Mr. Ander-
son to continue In office He had
already served under the full ap-
proval of Mra. Kate Burr Johnson.
The action of the State Hoard of
Public Charities and Welfare okey-
e4 Mra, Jobneon's disapproval vote
egainat H. B. Nichols and another
pelection is the next step to be
taken Monday by the Wake county
foint beards of commiseloners and
edvoation,
REFORMATORY AT
thia new phase
Wedded ACS
Scores Hurt
A Number of Injured
Taken To Hospitals
After Fight
Ceatre! Meh By Darkacee and
Seattered Fights
LANCASTER, Maas. Jaly 30—
After a night ef diserdera and
clashes tu which ecores were In-
jured, a creond of men whe had
engaged tn a night of heatilities
with members and apectatore Qt
a Ke Kiet Kian meeting in a
field mene here, were dispersed
with the arrival wf additiesal
atate patrolmen teday, Between
50 and sO men had participal-
ed in Gghting during the aight.
The list of Injured today following
the nisht’s fighting included five
men wheese Injuries were so serious
ae to require treatment at horpitals,
One was a policeman who was strucn
on the head by a stone.
Clabe Used
Many others are known to bare
heen hurt by clubs, fring stones and
other misstles. feo automobites
were partly demolished by showers
of stunes and minstiles.
Ritter Feeling
The healtiities which broke out
last nikht “hen 3e0 Kiavamen,
friends abd spcrctrtore assenibled tn
a field near tere, which they had
rented only to be beleaguered by a
crowd of between 390 and S06 men,
came asa culmination of bitter feel-
ing for aecietime.
While the fighting was beginning
here, a aimilar outbreak occurred
im Mpencer, several miles away,
when a crowd showered with stones
cars carrying persons away froma
Ku Kiut Alan meeting there. Mate
police dlapersed the crowd and ar-
reeted five men. AQ Weatiminater
near here, a (uird meeting was held
but without disurdera,
Twe Claches Ia Sight
Two clashes took place here 4ur-
Inq the night between the crowd
within the fleld and those outside.
Hocks were thrown and a shotgun
apparently loaded with rock salt
Ored.
Grover'a back was broken when
the crowd outside in an automobile
As the night wore on the police
handicapped by their lack of num-
bera, the scattered position of the
combatants and the darkoess were
able only te keep the road clear.
SOME ARRESTS:
Potice Handicapped in Efferte To |
he attempted to run the gauntlet of |
; oAEE oVSGER SO & fd GES,
* 2
City Prohibition O
George, who were:
death two miles from:
nix, Brunswick Counf
last night, were ¢ sand
Wilmington shortly sienge
o’clock this morning aftarae
ing viewed by Coroner ij
relson, who will hold ama
quest at 10 o’clock.
The hodies of,t @ ceffeers.
filled with buckshot aad ¢
Lilly's head was almost shot.
pletely — ff.
Windshield Sheet Away
When found. Georges bedy Wane
|crumpled up deneath the yeni
wheel, while that of Lilly waa
lon the ground just back ef
;tomobile In which they were
| ing. The windshield of the car
| been ahot completely away. ss
Five hundred armed ee :
mington and points tag Ri
County early today te search sy
the slayers of the two pro .
officers. zt
The scene of the killing was BB
obecure trail through a swamp seat
Phoenix, The two, who had@ beg #
unusually active lately
moonshine plants ta
h-d left Wiimt ston In the aftere- ?
nvon to serve papers tn a prohibje
tion case, and appereatly hat paused ©
on their way to seize a small copper “Or
still, which was fvund ia the oar
with thelr bodies, _<" <a
Powder burns on Geerge’s face [4
disclosed the nearness of the acsage “Z
sins when they Sred at the -
es
a
Ne Arrests Made
No arrest had been made ané
everything was quiet (In Brengwiex
County Wedneeday morning, but the
State and county authorities of twe
counties were searching the ewempe
atound Phoenix for the alayere of
the two prohibition officers killed
Tuesday night, «a «cling to long
‘distance telephone report received
fearts tu the afternoon by United
iatat)s Marshal It W Ward in Ra-
i lie gl
The report came from Depety
Marehal W W '''ev whem Marahkal
Ward sent to Wilmington Teesday
night after betrg apprteed of the
killing lbeputy Ward will remain
fu Wilmtraton to look after the gov-
erhmcnt @ interest In the search for
the player
Ready ts lend all poseable sestate —
ance If needed ‘larshal Ward Wed-
nesday nerning telegraphed the De-”
partment of Justice at Washington
for tnatructions as+to Just what
stens he should take.
Tl will send every deruty ia Faaetq-
ern North Carolina to help capture
the slayers if ny men are needed,”
jeaid Marshal Ward $
Posecea were organised here tow . 9m
day under the direction eof efty taf
and county officers and W. W. Ue =
ley, of Kaleigh, chief deputy United 2a
Staies Marshal. to work with ’
wi¢ék County officers ta a me ©
search for the slayers ef the p
officers,
han
WY meta Farner
; they wa
igs pen aN oat
<e pert ahs “ee
THE RALEIGC.
“9 STUWMTIC
TWELVE PAGES
* -
TT M ES | =:
(Reported »
ead miédiicg
Strtet mide
RALEIGH N. C., WEDNESDAY, JULY 30. 1924 ‘COMPLETE MARKETS PRICE ;
1ed Men Search For Slayers Of Dry Agi
Save Leopold And
lows Breaks Out At
sonfes sed Murderers g xr
rise in Amount
eaf Tobacco “a
ie’, HS, JOHNSON
vers HELD BY FULL
WELFARE BOARD
Selection of | Canty
Welfare Otte er Still
| Trycdeve ided
d Airmen
Flight
“Atlantic.
b
i
Winder Bryan Succeeds Glenn Resignation
In Tar and Feather Plot | Butain in Opposes IB di Of Off: ©
See Gun Elevation On 0 1es
Big Battleships
[ap on areata Lilly And Ge®
nid tigee Ar gag vt Brought Wilm
cron my nes uy || Cotton Market |Both M-
Ss (ee Prices Break With |
meine tnday be 8 aoa $5.00 A Bale| They ¥
“he chs 4 mhether” cee NOW VOM, daly 20 —C often Autom
mate tw muy nt the staentartee || fran’ praterday's these eres | Hano
[LEE Serer Comer cee rusts ervatrn: | Killed
CH ANDERIN 2 cor
r e
bd ®
3
.
a
| a INTO WAKE
Nays He Wants relScores Hur:
| Withdraw Recent|
lA Number of Injured
Taken To Hospitals
| in eed wee on ~ om eee!
Klan Meeting
~ WELFARETANGLE|Ends In Riot:
*CZ26T-LI-+ (7oTMsunag ) “acon "o8Te cay .
matters
delleving Dorethy Gran-
fnto her own
18 of Frederick, she érag-
& Md. and, under the
erely, then administered
le facing a penitentiary
‘eds Glenn
‘epartment
‘ “ aa + ed ead ry 4
-piniea vf the Srittee Gevera-
meat, 2 Yreackh ef the Washing-~
tem Conveation. This dectaraticon
wae made im the Meese of Com-
mens teday by Arthur Poacentdy,
Under-Seeretary for Foreign Af-
tatrea, tm anawer te a questionce
whe ashed whether any repre-
seatations ea thie peint had been
made te any ef the stguatertes
of the Waschtagion Convention.
16
C. H. ANDERSON
STEPS INTO WAKE
WELFARE TANGLE
Says He Wants To
Withdraw Recent
Resignation
COMES UP SOON
@ developments tn con-
with Magietrate Par-
ide, bet haa been con-
@ fer seme time by
leeer F-d (i. Rirdsong.
© leerease lay
\itlee te the appoint-
Bryan ee cacceeser ta
‘emmiselener Birdseng
at teeet twee pinin-
‘Beers, give the police
atemebiic and add 818
th te the pay ef the
s. He hae made no
ef the new detectives
take ep thie phase
ergeetsation when the
Wf aaeemes hie duties.
Ger Bryne ta a tive
» aod bas been identti-
at leag thme ta the coal
| bectaces, He hes been
the welfare of the city
e te fe¢ the
° a geen wat the bairae we
° defteateq Mr.
selener Rirdaeag Wed-
feerwoce stated that be
e hte ammcanrement re-
pepert® et potice
withte @ Gay ee two.
nething G@efinite te cay
me," be saté.
LAL GLENN
§ LIONS
EKLY LUNCH
— ee
es Recommen-
as of Ship Com-
on
oa te this proposttion
8 twe esourcee—the rati-
ignorance,” declared Gen.
in, wneodicial attache of
24 Water Transportation
tn advocating the adop-
levelopment of the pro-
tained In the commis-
rt, Im an eddress before
r ne Cleb at ite reevu-
fat the Bic Walter Wed-
ROOK. .
Glean, whe te a member
se Cleb, spoke at the tarvt-
Lion “Parsoa” Cuthrell,
a charge of the meeting.
general outline ef the
t development ef
8 fon In North Car
‘ and answered the
e s which have been
treeult of the meve-
ker declared emphatical-.
te development of the
and telan@ waterways
ce (frel@ht rates, earry
big step farthet eon the
sperity by supplement
' “reat Pr ve reeaive
Ws ' nm af highwaye,
- -?
aarteut.
Mr. Andersen Would Continue As
Superintendent ber (nother Yar
Under Conditions
A new ankle that may further
complicate the controversy over the
wernt
of welfare in Wake develaned Wed
selection «© f a new supert:'-
neaday when it became hoown that
Chartea Hl Atderaon, who recently
resigned, Ras requested that hi« rea-
fenation be recenatdered with om
withdrawal fn order that eoran
All out hia uneapired ters Mtr An-
dersom tes ettll sersing ae euperin
tendent pending the eles
approval of a succerser
Mr, Anderson's request
form of a letter ta Chairman Miliatd
Mial, of the board of comunismion-
ers, will be submitted to the joint
hoard of commissioners and edura-
tion when the question of a new
superintendent comes un Monday
afternoon. Ife suggests that recent
promises in he fern of additional
financea will enable hirn to continue
hte duties with the sid of an an
sistant. Superintendeny Atderson
sent tn hie restgnation be an
health weuld not permit hin tu ot
thet ated
fm the
ve lis
tend to the beavy duttes, but he
thinks he can carry on the werk
with sonia more help
The Injection of this nen phaee
inte. the controvetay HeMY hettle
the matter for at least atether
pear if the Joint bearde reconsider
their action in accepting the recent
restxnaticon and allowtws Mr Ander.
soa tu vuntinue in office. Ite had
already served under the full ap-
proval of Mre. Kate Rurr Johnson
The action of the State Koard of
Publie Charities and Welfare okey-
ed Mra, Jonneun's Gisappresval sole
amainet 1U HK. Nichole and another
selection im the meat step tu be
taken Monday by the Wake county
fotmt bearda of commisstoners and
education.
REFORMATORY AT
RAHWAY I SCENE
OF ROUGH ROUSE
RAHWAY, XM. J. July 3¢—Pollee
reserves from Rahway aad Woeod-
bridge were called te the Rahway
Reformatery thie afternoon to quell
& among the prisoners
famates were shot tn the
rieting, ene tr i fatality, and ene
wee injer
@ieturbance started te the
@ining hall and spread tthroegheout
the epen sectitone ef the reforma-
Superintendent Frank Meore call-
ed for tem tate treepers to be sent
tea the reformatery to remain wot!l
the trouble is quelled.
Cotton Marret
Prices Break
$5.00 A Bal
.
NEW YOUK, Jely 30—Cettes
prices breke 85 2 bale today
from yesterday's cleee on ree
perts of rain in southweetera
atates and a beilef that the
Tesas crop was net iajured as
mech by dry weather as had
been tadicnied. October sold as
lew ae 24.85.
Klan Meeting
Ends In Riot;
A Number of Injured
Taken To Hospitals
After Fight
SOME ARRESTS
in Ffferta Toa
Diacknmese
Pallee Mandicapped
Ceatrol Mok Ry
Seattercd bighte
TANCASIER, Maes. Jaly —
After a night ef dievurdere and
clashes In which scorce were Ine
Jered. a crowd of men whe had
eugnned in a niahkt af hostilities
with members and apecetatorea Bt
a kw Klet hian meeting in a
ficial mene here, were dispersed
with the arcival of additional
estate pairnimen today, Heinmeren
MO and “4 men kad participat-
ed tn Aghting dering the night.
The list of Injured today following
the night's Sebring included five
men wheae Injurctes were so serious
me to require treatment at hospitals,
One wae a policeman who was struck
on the head by a stone,
Clabe Leed
Mane offers ara ky wer ty bate
Poem Dare Bee tahoe Pas atermee atte
* r mrdsatle ® Vane auteroobates
were pourtiv aes shed ty etiuners
eo stots atibia
Mitter Pecling
Tie bees Lise wh i Sroche t
Yast toon det ' = tot
tr tabs are Pater ‘ ‘
a ft. ded tie ar teete, wt ty. Userw Pied
t ted conty tee tae bee te earn Pry au
crowd of between Toe aed :
care am me tboat clin ef terete
ina oF oseeta thine
Whole the fighting wae beernmine
hhete, « atrsthae eutbreak occurred
im Spencer, eeveral Tatler Tea
when a cred aheowered watts st 4
eas Carivihe pereoms Awa trery a
Wu Kive Nian meeting there stat-
pelice dispersed the crowd ard ar-
reeted five nem, AQ Weettritnercer
but Withowl diaorders
Tre (lashes le Vigkt
Hecke were threan and a shotgun
Ae the night wore on the police
bera, the ec attered position of the
combatanis and the darkness were
able only to heep the road clear.
When dawn Broke 134 men still
Tremained tn the road outside the
eld and a similar number of men
were within the field. But with the
coming of morning the crowd ia the
readway gradually broke up
Police reinforcements dispersed
the remainder and those
been foreed to remain withia the
imciesed field were enable te leave
Jehan Kerr, Jr. of Warrenten, ts
@ guest of his cousina, Mr. and Mra
R. M. Sienme, af their bome on the
Wake Forest eed Mr. Kerr, who is
a son of Coagreseman Joba H Kerr,
ef Warrenten, will practice law ia
Flaletah. ie
Scores Hurt
heat bette, a Third treating wast held
‘
Two clashes teak place here Gare:
tre the neehbt tetweets the oreuwed
within the fleld and thoaa cutetdte
apparent!) leaded with reek salt
fired
atosera back wae Broken whens
he attempted te run the geuntiet af!
the crowd outside tn at autonmebile, i
hand! apped by their la k of num: |
Both Men Riddle
With Bullets ‘Whi
Hanover
Killed on OF
Country Road ;
WILMINGTON, Jak
The bodies of Dep U ;
States Marshal Sam
City Prohibition Officer
George, who were shot °
death two miles from: PHe¢
nix, Brunswick County, eark
last night, were
Wilmington shortly .
o’clock this morning after be- ~
ing viewed by Coroner Har- ‘%
‘telson, who will hold an im-
‘quest at 10 o’clock.
| The hodles oft « offcers were
‘flied with buckshot and dalleta,
(I.tlls = head was almost shot come
Uptetely ff
i Windshield Shot Away
i When found, George's body was
, crumpled up beneath the steertgg
Wheel, while that of Lilly was found
‘on the «round fust back of the ag@-
torsobile in which they were travel-
ny. The windshield of the car had
been shot completely away.
hive hundred armed men left WH-
jm.natfon and points ta Bruasewtek
ie,
8
3°
>
County early today te search for
the sissers of the two prohibitica
officers
The ecene of the killing was as
ebacure tratl through a swamp near
Phoenix. The two, who had bees
unusually active lately in raiding
moopshine plants in the vicinity,
had left Wiimt ston tn the aftere
Noon to serve papers tn a prohibi-
tlon case, and apparently hac paused
on their way to seize a small copper
still, which was fuund ia the car
with theie hodtes
Powder burns on George's face
taclosed the nearness of the assas-
sins when they fired at the depuuies.
Ne Arrests Wade
'
Noa arrest lad heen made ard
! rythine Wae qulet tn Brus perex
PCocunty efdav morming. Put the
Wedne
PState and oovuety authoritica at temo
COUNT S (wete sear? <' ec arm:
spout ad Ph eenin foe eo. .
Te PO Bee fee teed 7 -
test ‘
wt
é adie \
owl
mr ° a
"4 ‘ ‘
Ward + H r
trata re = wooriae4
°
it < Ward
Pate Wilroe
pes ,
‘ he ats ?
| Read ’ ’ = aee'ate
ater if ! Va Wed.
needay t fo." gt Pe ‘me Dee
rarltment of Justi ea’ . ehington
e Inatrort’ + as 77> suet what
atena b- tulid tage
TH will wend exrery feruty tn Maete
een North Car ra to help capture
the slayera tf: v men are needed,”
cated \Miarsnal Ward
Piomers were organized here te
day ouner the dorection ef enty
and count¥ of ers and W. W. Ute
jlev, of Kaleteh, cbief deputy United
States Maralal to work with Bruae-
jwick County officers in a wide ~
j; search for the slayers of the twe
officers. ‘
Although they Geelimed to
the basis for their statement,
mington oficere today
te the identity of the
ist
fi
Vd a dededed
Rewards
agpegted arrests to be 4H,
The city of ae oe. }
fered a reward the
Te this the 6100 ana
Sherif Jackson 916. Sete bes
been asked toe tt
BUR SRL He CREA eg
WE ORs
TS a Py
AEE RCN Ow NNT
Tindall, Wimer and Jack
Ramsay, being held tn jail without
dead ta connection with the mer-
@er eof Prohibition Officer Leon
r.
patentee
and weety United Btates
cam No offictal action was taken
Thureday morning by the city com-
missioners in regard to the re-or-
ganization of the police department
which will carry the election of J.
Winder Bryan as superintendent of
pelicea, but Commissioner Birdsong
Teeieee
4%, has formulated plans which provide
Lee that the twe officers were lured to] for the promotion of Jesse Wyatt as
on Brunswick by w decoy message and | chief Inspector of detectives with
the rank ef captain and the orgaai-
sation of the plainclothes officers
inte a squad of seven membera. The
contemplated changes, it is under-
stood, will not affect any more po-
Heemen wnlesa one patrolman ie
promotéd te the rank of sergeant,
While ne offictal announcement
was made Thursday, it Is known
that the commissioners called Chief
Glena Inte a conference that lasted
ever an hour. Heyond merely say-
ing that the entire police depart-
ment was discussed, nelther Chief
Glenn nor any of the commissioners
gave out any information tending
te threw any licht on what actually
took piace in the executive session.
Chief Glenn stated, however, that
he may have a statement for the
public if he thoucht it necessary ta
explain any conditiena that may
arise from recent reports of the re-
organization plans dinates» Meee
i? Mere Detectives = |
Jt wae learned Thursday that
plans already practically formulated
have centered on the plainciothes
equad of the police department. In
deciding te piace Jeseo Wyatt, vot-
eran Getective. at the head of the
detective forces, Commissionar Bird-
song will re-organize this branch ef
the work by inereseing the piain-
@lethes men from three te seven.
‘dil
to get
the twe efficers out of their way,
ng to evidence
artt
yo 1 nanan ne .
wart a Rawesy when arrest.
o4, admttted they had been engaged
in making Uquor ali night but pro-
tested innocence in connection with
the murder. Both are hel@ without
bend at Southport, while Tisdall
whe fe fu the City Jail here, will
traneferred te the Brunewick
County Jall at Southport today,
Rey
Ee a Ok ee a ee ae Ses ne eee
He witt ée this by transferring
three men fre mthe uniformed squad
and the appointment of an entirety
new policeman. Those who are
siated for transfer are Rod .Saun-
ders, now in charge of one of the
three uniformed squads and Patrol-
men Peebles and Martin. The new
hman is H. I. Denning, a former
member ef the department whe
served several yearn aga.
When the plans are put tnto ef-
fect the detective force wil! conatst
of Jesse Wyatt, Captain and Chief
Inspector, J. WL Wilegins A WwW
Perty, Ho. lL. Peebles.
dera, A. FP. Martin and
ning
The premetion of “erfeant Saun
Gera will leave a sacarey t
head of ane of the uciforned
and M is underrated that Date
lL. C. Thompson wilh prebabdy
elevated te the sergeantehip
Chief Glenn was plainly berturhbed
Thursday ever recent detebepime ita.
but was ready to face the situation
{if the . commissioners theught | it
heet te make ehangen to conform
with demands from the public for a
new head of the department. He
did not Infwate whether he wilt re-
sigh uwndir pressure or walt for a
stral@ht @iamiesal by the commis-
sloners. it ewe OW. aan Si ae | a
4m the ether hand, Winder Bryan
wre busy all the mornieg shakiag
hands with his friends whe were
eager te congrety ‘
tere etneial:
M Saun-
moY tien.
am
Sy .
; we £ Chee
o h- ee
Sane te peeve tt
Fa WA y ott
t ‘ 2 bee rere hate
‘ wc ath ne Be oe el
te qeede Lane
ee bn Aare engin»
b po ewe ~*~
etntng
Volek
g men
aed to te r : in . ‘ Ae mates encaneaeant
awe te tate .
| ee chapees om the eecape te the MANILA July 31
A — Bouth eft the redel forces which Asks Coolidge The Associated Pree the
y
¥.
Seeretary of
ya, be
with the no-
a. ond
F
;
Riis
ENTS IN TRARFNY
Fil
:
yard TAPER STR: | pieces nic
im naming bim as heat t eset
of pettce, tte bad : Pealgned
oficial werd from either Commits jenn s Vege te 188 ~2 eee oy -
:
:
geeg
35
i
§
s
i
tTetusned to
went te Blowing
wife;.a brother, Dr. KR. W.
Los Angeles, Cal, and a sist
Nancy Lee Hill These were i
ing Rock at the time ef hie
News was received this
that his condition was critic
came the news early this a
of his death.
Dr. Hill wae sizty-fve y: .
Relatives here said they
plans had been made for the
Rere At Davidson
Dantel Harvey Hill was
Davidson, N. C. January °
the eon of Ileutenant Geae
© t tarveyv Mill of the Con
\rmy and Isabelle Moctrax
\t the age of 21 he was @
fron Dasideon College w
hatchelor's degree. Five ye:
jie recetved his master’s deg
the eame Inatitution, These
fololwed by a Mterary deg
travicteen fn 1965 and an LL
the Untversity of North Ca:
1st,
Ve married Mies Pauline
of Milledgeville, Ga. in 188.
Rtudewt aad Teache:
Dr. Hill was a etudent an
er for practicaly all his i
first started teaching in ~
Georgia Milftary and Agr
College ae professor of Kng
remained there until 1859, -
oS
ae pre
ithe State Coafederate eV te:
Anh a elose stuf an
man ecidediy acholarty |
Mite activities and ace
ments wore net limited to m
perevite. Hie took an acti
tm many public affairs.
He was named chainwan
North Carolina Council fer
at the ogthreak of the Wo
7 was the principal orgs
the council,
Me wae >
pree'dent af
Teachers’ Asser-biv tn ¢
Kate Poreatry ve.
of the 1 + !
Botn Were prepared to|
meet their God.
words that fell from their
lips were words of religious
fervor.
“Men, be Christians,” the
elder Stewart addressed the
Witnesses as he seated him-
self in the chair. “Don’t do
anything else, God bless all
of you.”
The father was the one to
go first. He came into the
chamber with steady step
and bowed with a smile to
Sheriff George Jackson, of
New Hanover County, and
others in the chamber whom
he knew. Forgiveness was
Written in his expression.
Eaters Reem Smili
After the elder Stawerre body
had been drawn taut with 1,800 volta
of death-dealing electricity three
times Dr. J. HL, Norman, prison phy-
siclan and warden, deviared him
— he body was placed in the
idertaker’s b
bah a and removed
Elmer, the younger Stewart, was
then escorted to the room. A grim
smile was on his face and his lips
were drawn as he spoke.
“Oh, Jesus. forgive us all’ he
said Tythmically as he faced those
about to see his death. Words of
religious inspiration flowed from
his mouth until the death cap and
heavy leather mask vere strapped
on his head. Even them he con-
tinued, but the words were not un-
derstandable then,
Remarkable Composure
“Take me to my dear father who
has gone beform me. Oh, dear God.
let me come to Thee. Forgive us
allour sins, Dear Lord Jesusincet
me in heaven.”
These and many other phrases, al!
poetical, were spoken by the boy.
Both gf the condemned men ap-
peared have spent a restless
night, but each went to his doom
with remarkable composure, with
even leas nervousness than the aver-
age person atout to undergo an op-
eration, There was no doubt that
they were convinced of salvation.
fer Sea
“I cannot do either good or evil,”
said the older Stewart in a letter
writte yesterday and made public
today. “It M not fair to take ad-
vantage of God's mercy in any such
contemptible way. And not only my-
self, but here is my dear boy in the
same condition as myself. No, I will
shield him to the bitter end and go
out into eternity as I have lived.
so I will die. Save my son. but give
me just what I deserve for not giv-
ing my whole Hfe to the service of
the blessed Master to whom it right-
tully belonged.
loved my children, I
Utthe fatheriess and mothericss
eranéchiidren and oer little orphas
girl, better than life, better than
God, and here am I shut up, my life,
and Nhat of my boy ferfelted; net
rete
we By
The last}
in Lives
Of Stewarts
Heredity was sacrificed on
were electrocuted at State’s
the race of civilization.
Sd
Death Toll In
Sofia Qutrage
Reaches 140
SOFIA, Relgaria, April 17.—
(By The Anseciated Preas.)—
Latest figures shew that 140 per-
sons, including twenty wemen
and tem children, were killed ia
the explosion of an Infernal ma-
chine im the cathedral of Swett
Kral during the funeral ef Gen-
eral Georghie® yenterday. Six
generals and thirty ether #f-
ficers were among those killed.
SOFIA, Bulgaria, April 17.—(By
The Associated Press.)—Martial law
was proclaimed throughout Bul-
garia today as the result of yester-
day's bombing outrage in the cathe-
dral of Sveti Krain whieh fifty per-
sons are believed to have been
killed.
Cleck Work Bemb
General Georghieff, whose funeta.
was being held when the explosion
occurred, was aasussinated in the
street here. The assination closely
fcllowed an attempt on the life of
King Coris as he was motoring near
Sofia.
The bomb apparently was detonat-
ed by clock-work device. It had
been concealed under the roof In the
southern part of the cathedral and
spent most of its force upon the
crow In that part of the edifice
In addition to the large number
of fatalities, it is estimated that
atout 200 persons were wounded.
Upon learning of the disaster the
King Immediately went to the acene
The director of the Central Prison
was assassinated in the street here
today but otherwise there were no
Gisturbance last night or this morn-
ing in either Sofia or the provinces.
Sofia today was in a state of fer-
ment, the greatest excitement pre-
vailing. Martial law has been pro-
claimed throughout the country
while the military authorities have
ordered a Curfew established, the
streets to be cleared at 7:30 p. m.
Although all the members of the
government were present at the
funeral services in thc cathedral,
none was seriously injured. Premier
Tsankof! was one of those Injured,
L =
j a. pored. i
iol oa §”
: on i
but was able to preside over the
cabinet during its emergency ses-
NEW YORK, April 17—A new
idly Deomata,” has deen
oe
oe ly
By BLACKBURN W. JOHNSON
morning when Charles W. Stewart and his son, Elmer,
It was another case of good blood coming to a bad end,
because through mishap and chance it had lost out in
the altar of environment this
Prison.
Old Seottish Stock
Their name and every line of thels
faces are characteristic of sume of
the best stock that ever came from
the rusged heaths of icotiand
Their intelligence, and they were
intelligent, proved their inheritance
was strong and pure; but thelr ig-
norance, and they were ignorant
althouxh intelligent, showed that
their environment was not what it
is supposed to be fh modern times
Their precepts were not of those
of the law. They did not have ea
deep sense of wrong. If they made
whiskey, that was their business
Yet their interpretation of the BeDle
must not have been far differen:
from that placed upon tt by law,
“Kye Fer Am Eye”
“An eye for an eye, tooth for a
tooth, a limb for a limb and a life
for a life.”
That was the penalty they paid
today. And it must have been with
a very similar belief that they mur-
(Continued on Page Two)
Steel Company
Is Defendant
In Big Suit
PHILADELPHIA, April 17
—The suit for the recovery
by the government of from
$11,000,000 to $15,000,000
from the Bethlehem Stee! in-
terests for al'eged over-pay-
ments for war construction
work was entered today in
the United States District
Court.
"My Mest pti pems
aaid, “wilh be tee mai pre 1 \
sketches and after they hava bert
approved to go on with the working
modela, which will be about one-halt
of the full size of the Mxures im the
aroupe, Ky autumn I hope to have
from twenty to thirty carvers on the
mountain working on the group of
the long pageant.”
Mr. Lukeman plans to make a cen-
tral group of the fgures of lee,
Jacksop, Davia, two other generals
yet to be chosen, and s standard-
bearer. At the mountain's base will
be @ circalar Hall of Fame, with 82
columns. Entabaltaree between
the columne will teM the story of
the memorial in’ English, French,
German, Greek and Latin. The mon-
ument will be approached Dy a flight
of stairs, which will represent each
state of the Union.
Three Cincinnati
Detectives Sent
To Atlanta Prison
CINCINNATI, April 17—— James
Hayes and Fred Ballierdich, Cine
ecimmati detectives, whe were
feund guilty ef conmapiracy te
vielate the National Prebibiticon
Act were sentenced to serve 18
meathe im the Atlanta Peniten-
theary and te pay fines of $2,280
each by Federal Jedge Smith
Mick enleoper teday.
Robert Kiewey, another city
detective, was sentemeed to
serve a year and a day in the
Atlanta Penitentiary and fined
$1 200.
[BULLETINS
HEAVY MARTH SHOCKS
TOKIO, April 1T—(By The Asse-
elated Preses.)—Iitleavy earthquakee
were reperted at 4:53 thie morning
en Formesa Inland. The damage was
slight. At the same time a miner
earthquake wae felt in Tekie,
AIR MAIL TEST
NEW ORLEANS, April 17—The
Chieage-New Oricans air mail teet
Sight get eader way thia morning
when Liestesnant R. D. Knaepp hep-
ped ef at 5:33 e'rleck fer Mebile
Ala. the first leg ef the Sight. He
need a 4-De Haviland place, eqatp-
ped with a 458 herseepower Liberty
The defendants named on the
tlon by the government Meet
Bethlehem Steel Corporatl a, .
lehem Ship Bullding CC tporat
Lid, Bethlehem Steel Companys, 3:
Fore River ship Rulldine Corpery.
thon and the Union Iron Warkes!
Company.
__o oe
TRINKS HUSBAND
SHOULD SUPPORT
HIS OWN WIFE
“YS collection has been taken up
fr me, in City ‘ourt er elsewhere,
motor.
nar PRUEITS
ATE NOS ADELEDS, pet TT —T rest
“Sent te Xiveae bnew tneued gg @eeree
pProhiterlc inpertation inte Arges
fins of fruit amd wegetables frem
‘here the Mediterranean
Fiuception ia meade
im th. degree of lemone, bananas, co-
sunute end pineapples. The coun-
ftiee apecitied im the decree are Cr-
ba, Itaty, “pate, Beranil, South Atrica,
Nustratia and New Zealand,
frure te entate.
OLDFIELD BETTER
WASHINGTON, April it—The
coudition ef Representative Wil
linen A. Oldfield, of Arkansas, whe
was operated spew fer acute appen-~-
dicitis twe days age, wae éeecribed
17-38 re.
|
F
wee teday re-tleeted presifent of
the Wemant Missiewary Seriety of
the Western Neeth Caretiae Con-
eteaing session of the
FRIEZD
17.—-PFive
and more
A Waeee,
283
Ut
a.
PS
ae TE
-
H
il
sl HEE
Ce ee
etree dE
1k oe emir inl eit nanan mn
Eekrtiete, satined
k
f
i
¥
E
if
A
“Mobilization Day’’
Adverse Weather
} Keeps Americans
At Orkney Islands
MIRKWALL, Grimey talanda,
Seeotinnd, July 31—(Ry The As-
eectated Preea.d— The United
States Army werld Siera, whe
arrived here frem Breagh, Kag-
tend, yesterday, have postponed
thete departure fer iceland un-
ttl temerrew because of adverce
weather reports received from
the patret beats.
Boys Grin As
Lawyers Fight
To Save | Them
Day at Leopold-Loeb
Trial Taken Up
With Arguing
HOT EXCHANGE
Derrew avd Crewe Clash Whee
State Tries To Keep Out Evidence
of Depravity
CHICAGO, July 31.—(By
“he Associated Press) —One
of the cases which Robert F.
Crowe, now State’s attorney,
heard when he was a judge
and Clarence S. Darrow was
attorney for the defense, was
cited today in the Franks’
trial when the State tried to
maintain that evidence of de-
pravity was not admissible in
mitigation of punishment for
Nathan E. Leopold, Jr., and
Richard Loeb.
The citation brought a heated er-
id
i
i
PS
3
(Coatineed on Page Seven.)
— Ti ae |.
o Chances
R Escaping
Associated
ere Mates and calle fer the ergan-
leattem of velentece battalions are
takes here te Indicate that the Fed-
feral Gevernment intends to take
we chapces on the emare ta the
t 4 6 the Perel Pad ve a
THREE JAILED
FOR KILLING OF
. REVENUE MEN
Wilmington Officers
Believe They Have
Leaders of Ring
WERE TRICKED
Twe Siain Odicers Lared To Leuely
Trail By Wecey, Ie the Bellef of
the Pelice
WILMINGTON, July 31 —Linweed
Tindall, Elmer Stuart and oack
Ramsay, being held in fall without
bond in connection with the mur-
der of Pronibition OMcer Leon
George and Deputy United States
Marshal Sam [Gilly in Mrunewiek
County Tuesday night are believed
by pollee to be leidera of a hans.
leg ring which they blaine for the
killin.
Pohce
erprensed the theary,
which they claim t@ substantiated
by evidence now tn their Nands
that the two oflcere were lured to
Brunswick by a decoy message acd
the time of their departure nade
known to the waiting acsasaina ty
accomplices here
Tindall ta said te pel
heen the ehootor and
Rameay actual leadere of thea to
lew wang Which conesAred © get
the two officers out of
Stuart oarot
their ow
according to evidence "a othe
handa Ceorge bad been vrart’ ater
active AKwAainst Looetleg gers thos
territory
Stuart and Rameay when arrest.
In making Naquer att meeht but pre
tested Innocence
the murder Muth are held with
bend at Southport,
who fe tn the City Jail here, wii
be transferred to the Lrurewichk
County Jail at Southport toda),
Bhelle Fie Gen
Rullets fuund In the bodies of
Deputy United States Marshal Mam-
wel Lilly and City Prohitition em.
cer leon George Rt empty sheiis
found in the autoMeblle af Bimer
Stewart at his bome in Brunswick
County, oficiala announced bere to-
day after an autepsy on the bodies
Stewart and Jack Ramaer, under
arrest as sespectsa. are in the South-
pert jell. Linwood Tindall, ate
held tn connection with the case, t+
im Jall here.
The officers said that not onty dia
the bellets takea from the bodies of
the slain mea fit the empty shells tn
Stewart's car, but they correspond
with unfired shells found in the car.
They alse sald that they expected
te arrest two more suspects,
Rewerds Teral seve
Rewards for the arrest and con-
vietion of the slayersn new totais
$900 with the etate expected te add
$860 te this wem.
The bedy of George will be bar-
ted bere late today with the service
under the auspices of the local po-
wat be tak te Xe Bern eae
en te w teday fer
bertal
Boliciter Woedve Kellum today
sald that be Believed the authort-
thee were on the right trail and pre-
@irted conchusive Gevelopment econ.
O@ictals were snanimess today te
earreesing the belief thet the two
eficers, whe have been active 18
prohibition casee, were bured ta the
Rreaewick County ewampe by «
falee tip regarding a still and thea
slain frem ambesh.
ut
while Tindall
Asks Coolidve
“@ to have |
ed, admittted they had lee, e Rw ed,
Pa COUNertion with:
ee
SSS Sd
CET PR
Joha Lev
on the list of Nathan F. Leopold Jr.
tima, came back from a vacation in
inson, 9-year-old Chicago boy,
OR. D. H. HLL
‘IES THURSD
BLOWING
Had Been Consid
Seriously Ill For
eral Weeks
WAS 65 YEARS'
Wee Former Freetdent os
Carelaia State Cellege aa
tary Mietertcal Commisste
Dr. D. H. Hill, f
president of North Ca
State College and sec
of the State Historical
mission, died at BI
Rock about noon today
tives announced at his
here this afternoon foll
receipt of a telegram
who, says the state, aleo was
and Richard Loeb s prospective vice
Maine to testify at their trial Here
he ts heing sworn In before Chief Justice John KR Caverly
No Official Action In
Regard To Police Chief
Blowing Rock.
Dr. Hil bad been serivcusl
several weeka About thre
ago he went to Baltimore fa
treatment. After absoat ten
returned to Raleigh Mor
went to Hliowing Reo’
Wife; a brother, Dr. rh Ww
Leos Angeles, Cal, and a sist
Noa oemital svtion was taken
Thursday trorming bv the eff" eum-
Mikarone te tm resard te the re-or-
[canivat of tha poll department,
J whe howe'b eatry the cceation of J
Wonder Eovan os superintendent: of
dt ce, boot @eonmimstiener Mirdeong
}rrme foreneg ate are whet preenide
her the prom of Jessen Weatt ax
Riel be sre ctar roa ef s with
Che rate of ec get ” rol the organ.
ratisom of tt torte ce thee ot ete
H a beat
' wal
.
ae
\ '
aes te
won
. ,
rate
| . '
bestean ©
ene
pio
Y ferach 4
Jermte eat
the tea
Jour i"
etplatn ‘
wise rer ae | t
ecg anivua’ s ge
Mere Detectives
Tt wae lear a SS |
Smiane alee eds gra Mt °
have centered oon ‘
squad of the ¢ Vom detent
dee Ait 2c ter | 2 @ Jewe Waett wt
eran dete. fine e thew be ‘ e the
Getective fat et stmt elemeoe Ped
eeng wiilte te
the werk ‘
teathea ¢ e fe
US. STEAMER
SENDING. 0.8
CALLS FOR AD
Stanley Operated By
Admiral Lime in
Trouble in Pacific
ENGINES DOWN
Shte Lact Reported at thanghe! be
Beaed Fee Berepe Whh a Gee-
eral Carsge
| MANILA, July 31—(Rv
Nancy Lee dbi:tl These were:
ing Rock at the time of his
News was received this
hy tramaforrine
three men fromthe unlfernied «qual
ie witt do tite
fand the rppetntment of an entire’ ‘hat he condition was critic
new petfosman heee we are; carpe the vews early this a
j atated for tranefer are Vote Saune | oo? hte death,
Were, now th owharge of onee? he De YE wae staty-five ve
~~ ig i biaattl _ OT et arives Nere sald ther
wee a i , sored of arrangements f
{* icy : ane . ‘ a the body te Raleteh and
met fou ’
| x trod several * ' ven mata for the
' When Herm At Davidson
face 1? © thers@v PRT wan
. . Javuaty
a ul- tant ene
+ ( ie on
thetie Meerteac
‘ a ae a
‘ene “
“eo ‘.a ve
VPite ieee sideg
", lhes
‘tetary Qheatt
. * ay Ft
? rily ata
. are tad Nepew Pt acatine
Verutife, dee, Bn Fe
Student and Treacher
oe Dt wae ec mtudene ar
, : ler ¢ practi) maty oat hte
el Aree wi arte teaching nf
reonte tee rete MDoiftary and Aye
tatlee es me profes secre f ting
1 Weeder Prvant remained there untit tree
ra etalk tet] became Profese fr «of tre
friends who were] State Collewe here frm por
’ Petretuiate Whin even be- | alected vice-president 7 f st
pe ans ectnhesat aetton of the ¢om-|iege Three years later he
here on naming him as head president
he pettes Me had recetve® we Yr WNT reetercd ae pres
rd fromm either Ceommte oo. a te ae -
4 Tecmo ENA Othe COLL Dene stata confedetrae ov te
. eoelation (a werttea om tle al
RNieks foaendatiun a histor
Carolina in the eteb WwW
U. S. Secretary
Of State Leaves
To Visit Brussels
PARIS, July 31.—(By The Asso-
work was shout belf coms
the fime ef Ble death, ace
HR. BL Howse, beeper of are
the Historleal Caminteston
Der, Mat wae elected
HMieterteal Auther
De Vill wae the author of
cert
«lated Preee.)—Closing hie visit to] ber of historical and edu
Paria with a quiet forenoon with- | volumes. Among hie pf
eut any e@icial appointments, Chas | works are “North Carol's s
i. Muaches, Amertcean Keeretary of fin the eivil War “tress
State, eft for Mruseele shortly after | treat.* “Tourg Veopte « Wf
noom te Femain there two days, bel North Carotetea” moc otls
watertained by King Albert end! with there he wrote “Nye
Queen Elisabeth, talk with the nv [for Meatnrera” and Hilit«t
tables of the Beigian capital and Althapah a close etut se
thea continue his trip to Bertin. man of decitediy o-t-.‘arty t
The Secretary's stay im the Ger-]ogrin im tivittee afd oe
man capital will be brief and he Will | wonte were net Hort 4s ws
leave there Monday evening for) nurenite We trek saat
Hremea, wheace he will embark fortin pany pubtt: Males
his home on the Presideat Harding Me wre cared shaven
Noeth eter hee ' fas
ALLNIRHT PARTY 2
FNNC IN TRARENY
i
* “Men, be Christians,” the
—s om
RALEIGH, N. C., FRIDAY, APRIL 17, 192
“Life for a Life” The
Stewarts Pay Penalty
For Slaying Officers
Both Men Calm To the
End, and Appear
Willing To Pay Debt
To Society; Speak
To Officers and
Newspapermen
FATHER WALKS
TO DOOM FIRST!
Three Shocks Re-
quired To Kill Him; ‘
Son Dies Easier, Ut- s *
tering a Final Prayer A ,
As Lethal Current '
Extinguishes Life
Pay Supreme Penalty
With smiles on their faces. es ;
and believing that it was all } ‘
for the best, the Brunswick
County Stewarts, father and
son, went to their death in A
the electric chair at States . Pi. |
Prison this morning. gy . :
They paid with beseem- i ae
- Cc. W. Stewart, the father, and Elmer Stewart, the fon, as they ap-
. - . 4 Ss ‘a
Ing readiness their debt sg 80 peared in the last photograph ever mada of them. This picture was
ciety—a life for a life—for snapped on death row, after hope for the condemned men had been
the murder of Leon George, abandoned,
Wilmington prohibition of-
fer, and Sam tna | Noble Heritage Sacrificed
“Men, Be Christians” e
th were. DFeD In Lives Of Stewarts
Both were prepared to
By BLACKBURN W. JOHNSON
meet their God. The last
words that fell phen tae
i words of religious
eal Heredity was sacrificed on the altar of environment this
morning when Charles W. chalet and his son, Elmer,
; ddressed the] were electrocuted at State’s Prison.
Se he seated him-]} It was another case of good blood coming to a bad end,
‘self in the chair. ‘Don’t do | because through mishap and chance it had lost out in
anything else, God bless all|the race of civilization.
Sd
of you.” — -
ee
-.
a
Pd
Old Scottish Steck
~@ «e .t-
ri
iB
iF
=
=
=
mn
if
Af
ath
lewleg the electresetiva af
binte Pricen this morning.
Yeb Brews, manager, cebused
(oe allew any ene te view the bege
les al the request of C, W. Stew
art's daughter,
the morbid evrewd, however
did net hnew that the sequest
had been made, and Jausmed the
epace in front ef the wadertahe
ing paviers Priday beng beéere
the bedies ef the twe men weee
brought from the State Prisca.
The peeple left qoeiehiy after
having been told a daughter of
the dead father did not want anye
ene te ace the bedles, etated an
employe ef the undertaiing Gem.
LUKEMAN MAKING
NEW DESIGN FOR
GREAT MEMORIAL
NEW YORK, April 17.—An entire-
ly new design for the Stone Moun-
tain Confederate Memorial, near At-
Innta, (a, ja being created here tna
the studluv of Augustue Lukeman,
who haa succeeded Gutson Doragtum
an eculptor in charge of the work
which will transform the granite
rountain into a monument to the
heroes of the South.
Mr. Rorgium dreamed of a hoet of
Confederate soldlers streaming
acrova the sheer face of the cli and
focussing on a gigantic figure of
Lee. It ju understood that he is
completing hia models anyway, and
Intends to make a final gppeal from
the committee to the Daughters of
the Confederacy. ,
The new design will be Mr. Lake.
fran’s own and will include not oniy
the figures of Confederate generals
on the mountainside, but also a Hall
of Fame below.
“My first purpose,” Mr. Lukeman
sald, “will he to make preliminary
sketches and after they have bron
approved to go on with the workiag
modela, which will be about one-half
of the full size of the Agures in the
xroupé, By avtuma I hope te have
{rom twenty te thirty carvers on the
mountain working ea the group eof
the long pageant.”
Mr. Lakeman plans te make a cen-
tral greup of the figures of ie,
Jacksea, Davia, twe other generals
yet to be chosen, and a otandard-
besrer. At the mountaia‘’s base will
be a circular Hall ef Fame, with 81
-Semmce © abemwooe
Bapestticn Will Gutevéey:
Besatey HeG@ta and Overgeocaemes
Abeasthy eo Poa Ggeale
renee te ee a
Crewnlag of the Queen o
the Eastern Carolina tien
pared
of echeoo! children in the aftlernecs
Saturday, the elesing day ef th
Buposition, will be community da
with a slagteg convention tan whie'
Kastern Carelina eholre will part!
etpate, singing both in the afteraeco
and in the evening.
The eant entitled “Raster
Cerolina Yeeteréay and Today.
whieh will be held Vriday night ¢
tWe Bupeosition, promises te be on
of the biggest altractions of th
week. Mise Irene Myatt, the éire
ter, has been ably assisted by joc:
commuaitics in each eof the te
tewne In Johneon County. The ta’
ent will be taken frem these te
tewns, Mach tewn will have @ se}
arate epleede, all ef which take
together will make up the chata «
events from Fastern Carelina’s b+
ginning. te the present time. T?
enet mace to + btidreg ef
Cirely, ww. ie 7 “tebe
around 60@ In ais
The costumes, —,. lace
each esplsode w''! waueual
Deautiful au. cae ¢ effec
will be all that o.. [4 eapec
The riage te being bul se th
there will be at jeast three e:
(rancea ang will be sufficient
large (to take care ef the ent
Bumbers that will be threwa in
add spice to the regular eptecdes.
The Pageant in Kinston tes
year, was the ovletanding attractt:
of the week and has been the ta
ef the entire section ever since.
Senator SHeflia teeaks
With a United States senator 6
{we congresemen, one a resident
Smithfield, in attendance, the a
nual dinner of the Eastern Carett:
Muposition at Smithfield Thursd
wae one of the mact natable even
ia the history of the capital of Joh
stom county, In addition ta the no
ables there were repreeentatis
from thirty ettles and towns
Mastern Carolina present, tnclud!
@ delegation ef twenty m t
Cen BAleteh Pramtoc i pee ida
om ome ee
esa sole lese
ifefesesalelase
map
&
pave
f
+
nyelasere
bere!
Ii
p Seog Coes
paver smarts
Plete le
re —
ez!
SyTTyptae le
lacey pa
ae
’ “I sfe for a Life” The
Stewarts Pay Penalty
For Slaying Officers
Both Men Calm To the!
End, and Appear
Willing To Pay Debt
To Society; Speak
To Officers
Newspapermen
FATHERWALKS |
TO DOOM FIRST
Three Shocks Re-
quired To Kill Him;
Son Dies Easier, Ut-
tering a Final Prayer
As Lethal Current
Extinguishes Life
With smiles on their faces.
and believing that it was all
for the best, the Brunswick
County Stewarts, father and
son, went to their death in
the electric chair at State's
Prison this morning.
They paid with beseem-
ing readiness their debt to so-
ciety—a life for a life—for
the murder of Leon George,
Wilmington prohibition of-
ficer, and Sam Lilly, Deputy
United States Marshal.
“Men, Be Christians”
Both were prepared to
meet their God. The last
words that fell from their
lips were words of religious
fervor.
“Men, be Christians,’’ the
elder Stewart addressed the
witnesses as he seated him-
self in the chair. “Don’t do
anything else, God bless all
of you.”
The father was the one to
Ade na He came into the
chamber with steady step
Sherif Gestee Jotom, of
eorge Jac oO
New Hanover County, and
others in the chamber whom
he knew. Forgiveness was]
written in his expression.
Enters Reem Sunilag
After the elder Reowart's bedy
had been éGrawa tant with 1,300 volts
2, pricoa
sictan an@ warden. Geelared
dead. His bedy was placed tn the
undertakers basket gad remeved
{rem the roem,
Elmer, the yoeager Mewart, was
thea escorted te the reom A grim
umile was on his face and his lips
were drawn as he spoka
“Oh, Jesus, forgtve us all* he
said rythmically ea be faeed theee
phy-
his
and |
rbeat to see his death Woes of
Pay Supreme Penalty
Cc. W. Stewart, the father, and Filmer
peared in the last photewraph e
snapped on death row, after hope f
abandoned.
rereada of ther Th
Stewart
fOARAG COG aine yen? Baw teen
Noble Heritage Sacrificed
In
Lives
Of Stewarts
By BLACKBURN W. JOTENSON
Heredity was sacrificed on the altar of environment this
morning when Charles W. Stewart av
{ his son, Elmer,
were electrocuted at State's Prison.
It was another case of good blood cuminyg to a bad end,
because through mishap and chance it had lost out in
the race of civilization.
Death Toll In
Sofia Outrage
Reaches 140
|
|
:
|
|
f
:
;
:
i
i
|
af
A,
» 3
wigauria, April 17.—(By
a
J
rene 3 Martial
Sd
Old Seottloh Steck
Their name and every line of thale
faces are characteristic of some of
the best stock that ever came from
the rugged heaths of tcotland
Thelr intelligence, and they were
intelligent, preved their tnheritance
was strong and pure; but their ig-
porance, and they were ignerant
akhough intelligent, shewed that
their environment was not what it
ts supposed te be fh modera times
Their precepts were not of those
of the law. They did not have a
deep senee of wrong. If they made
whiskey, that was thelr business
Yet their faterpretation of the Bebile
must not have been far differen’
from that placed upoa it by law.
Bre Fer Aan Ere”
“Am eye for am eye. tooth for a
tooth, a limd for a limb and a life
fer a lite.”
That was the penalty they pald
today. And it must have been with
@® very similar belief that they mer-
(Ceetisesd em Page Two)
on Te Ruane §
celumns,
:
I
|
7
i
[
;
breught frem the State Prices.
The people left quickly efter
having been told a daughter of
the dead father did not want any-
ome te see the bedies, stated an
empleye ef the undertaking frm.
UKEMAN MAKING
NEW DESIGN FOR
GREAT MEMORIAL
NEW YORK, April 17 —An entire-
Iv new desicn tor tha Stone Moun-
vfeds rate Memortal, noar Ate
~ tect ar ereated here tn
the Studoe ef Ada a the) Lukeman,
doe Sis : 2 ateon Borglum
cre oof the work
‘le granite
ruinent to the
{of a hostof
streaming
Cf the cilff and
figure of
stood that he ts
tlete anyway, and
t ea tnal apneal Crom
Se Maat ‘ys the Daughters of
deta
The rew de sccn will be Mr, Lute.
tans ewn and will inelude not oniv
the Moures of Confederate generals
of the mountainside, but also a Hall
of Fama below,
a t aed c
“My first purpose,” Mr. Lukeman]3
sald, “will be tw make preliminary
sketches and after they have been
approved to xo on with the workiax
modela, which will be about one-half
of the full size of the Nxures tn the
xroupé, Hy autumn I hope to have
from twenty to thirty carvers on the
mountain working on the group of
the long pageant.”
Mr. Lukeman plans to make a cen-
tral group of the figures of Ire,
Jacksoa, Davia, two other generals
yet to be chosen, and a standard-
bearer. At the mountain's base will
be a clroular Hall of Fame, with 82
Entabdselteree between
the columns will teM the story of
the memoria! in Maglish, French,
German, Greek ang Latin. The mon-
wment will be approathed Dy a fight
of stairs, which will represent cach
state of the Union.
Three Cincinnati
Detectives Sent
To Aulania Prison
CINCIUNWATI, Aprtt 17 —James
Rayee and Vred Balterdich, (ine
etenati éetectives, whe were
Seaed guilty ef ceaspiracy ta
vielate the Naticnal Prehibitien
Aet were sentenced te serve 16
seeths ta (he Atleata Feniten-
ttary and te pay flace ef $3,000
each by Pederal Jeodge smith
Mickealeeprr today.
Rebert KMimweey, azcther city
Getectivea, wee eentenced to
eerve @ year and a day tu the
Atieawta Peuttentiarzs aed ftaed
taugu
Unites
Take
fora
ter ne
heard
tin a
Idn ier
Wom i:
ead
se te Goldsboro
m anéd when she
\esband was at a
rored to have an
% but he refused
returned to Wil-
t @ warrant and
ra. Davis claims
| Ras left her
ame pe laren
e Hummell, Mary
anche Parrot and
& taken up
as e Amer-
mpaign,
by ten teams
they will obtain
the remainder of
Im the rematning
wopaign is a cer-
‘es sre enthusi-
iponee that has
e@ community to
ie thought that
everecribed.
Tor
' Taken
tive Duty
April if—Men
fer service dur-
? but Bot acc -p’-
sause of ph. sical
entitled te the
t of the law.
g
Hi
George and Lilly were hunters
are
of
The offieers were out of thelr
territory. George was a member ‘ot
the Wilmington police force anda
Lilly was supposed to serve legal
papers. Neither was charged with
the duty of raiding stills in Uruns-
wick County. They did so beccuse
ure out of it.
They Realised Wreag
Of course, it was wrong for the
Stewarts to kill these officers, no
matter what kind of men hey were
{It was wrong for the Stewarts to
make liquor. They themse'ves
came to a realization of the wronr
before they departed this life.
But when they had taeir freedom
and travelled their ordinary Uves
they did not see it sv as plainly «is
people educated to the majesty ot
the law, rupresenting the will of
the majority of sujourners on this
globe. Perhaps, at the v»o.ttom of
thelr souls they did wu. they had
mot been taught to reach io the
bottom of their rc luls. They hag
been tavn@he practically nothing
They had been let to grow as a
weed in a wildernesa of things they
uid not comprehend or try to
comprehend.
Made Ram Te Live
They had met with misfortune
The family treasure was drained
There had been sickness in the
family. They had debts. Making
whiskey was the only way they
saw to get on thelr feet again. It
was @ reasonable end they sought.
The means—well, they found slight
trouble in justifying that.
George and Lilly evidently dogged
them and the Stewarts knew it.
They saw it in the light of maltici
ous meddliesomeness. So when on
the twenty-ninth day of July, las:
year, they heard that George and
Lilly were in Hrunawick County
they surmised that the officers were
after them and they, countering,
went after the officers.
And they got them.
Mester Marhamen
They drove up in an automobile
to whefe the officers were coming
down a swamp road in another car
Coming In range they fired the fa-
tal shots.) The elder Stewart took
a double @draw from the hipe with
a pair of pistols. Hie eye was so
certain and his hands so steady
that beth bullets entere@ Leor
George's forehead at the same
place and came out separately in
the back. Elmer slew sam Lilly
with a shotgun.
Siew The Deg
Then the elder Stewart killed
“Maby.” George's Airedale terrier
That was the most heartless act of
all But the rage that the twe
Mewarte were in can hardly be
of. Aw iden of it can be
hered, however. Both were red.
headed and both were Bootchmen.
They had bee brought up in
Weet Virgiala. bly thelr an-
eesteors had ameag the early
Virginians mea, perhipa
Mewarts were
typical native West Virgiaia mia-
era Envirenmeat evrercame thelt
heredity aad both were lost tn death
SFESBETIER
they got a poculiar kind of pleas |
Btreet
administered the Holy
to the twe men shortly befere
went te thn Ghelr aed bet Gardens
panied them inte the death cell,
quoting from the 15th chapter of
First Cortnthiana
Lifty’s Sen Preseat ,
I. D. Lilly, 19% son of Depety
Marshal Sam Lilly, who, according
t» the Stewarts’ confession, was
killed by shots fired by Elmer, wit-
nessed both electrocutionn D. B
Lilly, a brother of the slain officer.
saw the last. Another brother, G.
T. Lilly, was at the prison, but he
did not enter the death chamber.
I. D. George, a brother of Leon
George, who'wae shot by the elder
Stewart, was present for both eleo-
trocationa,
Yeang Lilly Satiafied
Asked if he had anything to say,
L. D. Lilly replied: “You can say
I have seen it done and a:n satis-
fied.”
Mr. George said he would have
thrown the switch as electrocutioner
if it had been necessary had there
been no one else who wanted the
job. .
Joe Btone, a guard at the State
Frison farm at Method, turned on
the current for killing the elder
Stewart. J. FL Thomas, of Louts-
burg, a deputy sheriff, threw the
switch for the electrocution of El-
mer.
Tith aad 78th Klectrecutions
The electrocutions were the sev-
enty-seventh and = seventy-eighth
wince the first at State's Prison on
March rs, 1910.
Three shots of current were turn.
ed on before the father was de-
clared dead, the first for 56 seconds,
beginning at 10:32 a m., the second
for 3) seconds and the third for 23
seconds,
Two shots were sufficient for his
son, the frat for one minute and
seven seconds and the second for
36 seconds. His body was removed
from the chair at 10:47 a m.
Migher Type Witeeesce
The cheracter of the death party.
Was noticeably much better than;
that of the larce agwregations which |
used to attend electrocutions prior
to enactment at the last session of
the General Assembly of a law lim-
‘ting admission to executions to siz
oMcial witnesses, the Necessary
Prison attendants and Rewspaper
men.
With all these there were not
more than 35 or 30 mea in the octag-
onal chamber at any time. Hither-
to as many as 50 persons have been
crowded into the small room. Some.
times they have been jocular right
in the face of death, Women have
been known to laugh and men to
crack jokes while before them the
life blood was flowing out of a fel-
low being’s body while a soul was
taking fight. But today it was co
80. There was none of thin
Big Crewd Outaide
odtain admission te the desth
(Special Correspondence.)
Oo, April
time fer filing notice of
elty Hmits were extended to take
fa the mill villages the new terri-
tory was distributed separately and
it je entitled to ope councilman.
Julius W Cone is the only candi-
Gate from that district and is ag
good as elected.
That leaves 14 to fight for six
places. Among the 18 are four
former councilmen. Nobody runs for
mayor as the mayor ts selected from
the councilmen by them, but a new
mayor wjll be at the helm, as Mayor
Kiser did not file for re-election
The only other councilman who did
not file for re-election is Charles A.
Hines.
De Plewiag With Tracters
Modern methods of farming are
Permitting many Gullford tillers of
the soll to plow on during the dry
weather. despite hardening of the
earti. Where Dobdbin can't make
It, gdbout 4.9 trattors are doing it.
Survey of the field and dealers’
records show about 400 farmers of
the county own tractors, pulling
heavy plows.
Farm work in the county !s gen-
@rally well adranced.
Millilen Dollar Hetel
The prospective builders of a
bank hotel building here, to cost
about a million dollars and be not
less than 13 stories high think there
is a great deal im a name, as they
are leaving sel.-tion of one until a
lease for it is signed. :
The commercial possibilities of a
name for a hotel have to be well-
17.—With}.
candidacy
expiring at midnight Thureday, sev-
enteen were in the field today for
places on the city council, There
are only seven places, and one of
these is as good as filled. When the
sponsored by the United States Ba-
reau of Education, all took active
part‘'in the ssions.
Sessions of the conference con-
tinue through Saturday mornics.
Newspaper Fight
To Publish Tax
Reports Argued
WASHINGTON, April i7.—The
fight of newspapers to publish tn-
come tax ‘ists urder the law pro-
viding for their pubsle inspection
was up for continuved argument to-
day in the Supreme Court. Oral ar-
gument on the question as present-
ed in the government's appeal inthe
case brought against the Kansas
City Journal-Post waa interrupted
by adjournment of the court yes-
Gay just five minutes after it got
under way.
In her confession, Mra Cunning-
tam said she has given her victims
the poison in hread and butter and
bad taken «imiler doses herself each
time because cf her desira to join
ber husband, wio died ret, with
their best te. dq hath Mae. the sure
Vivine dauchter. eo ped oe syse she
disiixed bie,
lapsed in her ¢
sion, She reviv
ter eating ro}
sleem~
While Prosect
assisted by Chk
rot determined
to test her san
by Mae Cunning
indicated insan!
fense plea Wh
jes would be ex
ical analysisg@of
Indicated pres
was undetermin
‘Prosecutor Br
ration of the !
her husband, I:
children, {s unt
cago authorities
Amanda Arnold,
the husband, w
the bodies he e3
chemists sald ¢
and Walter, son
David, the 2!
Chicago hospita
poisoning caum
the deaths, rer
condition, physi:
The hot Sund:
still a fetish an
English people,
tion ta at ite wr
o'clock tn the
on Sunday ai...
To The Voters of the City of Rale
In my campaign before the people of the C
Raleigh two years ago, I made the solemn promis
pledge that if I was elected to the office of Co:
sioner of Public Safety that I would give to the ci
of our city an improved and up-to-date Sanitar
partment and that sanitary conditions in the city \
be improved; that I would give to our citizens |
police protection and that the Police Department \
be reorganized as quickly as it could be done
safety and that the Police Department would be m1
improved; that the Fire Department would be reo
ized and that our citizens and propert owners \
be furnished with adequate facilities in protectin
lives and property of our people.
The people were kind to me and did me the ]
of electing me to the office of Commissioner of F
Safety, and it is for you to say by your ballot on
Monday, April 20th, whether i have hept the fait!
RAIL SERVICE
Patrol Leaders Of
Boy Scoats Will |
my pledge made at that time.
tire time and attention to the duties of the office .
I have
devoted rr
have labored hard and conscientiously to perfon
duties and I trust that the people of our good city
their approval and endorsement of my administr
at the polls on next Monday.
During the short while I have
tna Thava eeenred tha camo sc
been in public
260 127 SOUTHEASTERN REPORTER
(189 N. C. 340)
STATE v. STEWART et al. (No. 273.)
(Supreme Court of North Carolina. April 1,
1925.)
1. Indictment and information @—>10—Indict-
ment, indorsed and returned as true bill by
all of 13 members of grand jury present, held
good against motion to quash,
Indictment, indorsed and returned as true
‘bill by all of 18 members of grand jury pres-
ent, held good against motion to quash; the
common law obtaining in North Carolina with
reference to the number necessary to finding
of indictment, not being affected by C. S. §
2333, relative to grand jury of 18 jurors.
2. Criminal law €=>-1168(4)—Withdrawal of
testimony, adduced.at scene of murder where
_ Short session was held, held not reversible
error.
Withdrawal of testimony of witness, adduc-
ed at the scene of the murder where the court
held a short session after accused's request
for a view of the place of the crime, held not
reversible error, where the withdrawal of such
testimony was favorable to the defense.
3. Criminal law €=2651(2) — Permitting at
‘scene of murder witness to identify disputed
spots held not reversible error.
Where a short session of court was held
at place of murder after accused’s request for
a view of scene was granted, permitting wit-
ness at such place to identify disputed spots,
held not reversible error under C. S. § 1443,
requiring issues of fact to be tried in court-
house, where the jury were permitted to con-
sider only such evidence taken at the scene
as clarified position of objects described in
connection with murder.
(N.C.
7. Criminal law @=>814(16)—Instruction held
properly refused as reciting abstract prop-
osition of law.
An instruction on the difference between a
confession of evidence and evidence of confes-
sion without applying the proposition stated
in any way to the testimony of the witness
held properly refused as reciting an abstract
| proposition of law.
8. Homicide €>28!—Evidence held not to jus-
tify instruction as to nonexistence of evi-
dence to prove guilt of codefendant.
Evidence held not to justify instruction as
to nonexistence -of evidence to prove guilt of
codefendant. ;
9. Criminal law €=>829(1)—Refusal to give re-
quested prayers held not error, where sa
much of prayers as accused were entitied to
was embodied in charge given.
Refusal to give requested prayers held not
error, where so much of prayers as accused
were entitled to was embodied in charge given.
10. Criminal law @=>885—Jury’s recommenda-
tion of mercy held not part of verdict but
mere surplusage.
Jury’s recommendation of mercy held not
part of verdict but mere surplusage.
{f, Criminal law €=>888—Verdict entered on
records of court as returned is not subject
to motion to correct.
Verdict entered on records of court as re-
turned is not subject to motion to correct.
Appeal from Superior Court, Brunswick
County; Grady, Judge.
C.eW. Stewart and another were convicted
4. Homicide €=>178(1)—Evidence offered to.
prove commission of murder by third party |
held inadmissible. |
In a prosecution of two defendants for the |
murder of two oflicers bent upon enforcement
of the liquor law, evidence showing the offi-!
‘ cers had a warrant for some one other than
accused, and that certain persons not connect-
ed with the trial threatened the officers, or one
of them, or had an opportunity and motive for
committing the crime for which defendants
were charged, held inadmissible,
5. Conspiracy @=-4!—Each party to criminal
conspiracy is agent of all others.
Each party to a criminal conspiracy is the
agent of all the others so that an act done by
one in furtherance of the unlawful design is
the act of all.
6. Criminal law €==778(11) — Instruction on
flight held not error.
Instruction which imported that the jury
might consider evidence of flight in connec-
tion with other circumstances in passing on the
question whether the combined circumstances
were tantamount to an implied admission of
guilt held not error, especially where the court
stated that neither flight nor attempted con-
cealment created presumption of premedita-
tion and deliberation.
of murder in the first degree, and they ap-
peal. No error.
The prisoners were indicted for the mur-
der of Leon George and Sam Lilly, and upon
conviction of murder in the first degree they
appealed from the judgment pronounced.
The state’s theory was substantially as fol-
lows:
On July 29, 1924, between 4 and 5, after-
noon, W. H. Russell saw the deceased, Leon
George and Sam Lilly, officers of the law, at
the Chinnis store. They had a Ford touring
car, in which were a small whisky still and
an Airedale terrier. They took out the still,
said they were on the trail of Elmer Stewart,
and went away in the direction of Bob's
branch. Russell lived a half mile from the
Chinnis store, and within 50 yards of the
prisoners. After returning home, he went to
the Stewart house and told the prisoners
what he had seen and heard. They inquired
as to the still and the direction in which the
officers had gone. Elmer Stewart then
brought up a Dodge touring car, and his fath-
er, C. W. Stewart, told him the buckshot
shells were in his trunk, and gave him a
buneh of keys. In a few minutes they pasxed
Russell's home in the Dodge car going to-
€=>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
— pcene of the homicide. The car had United
of the road near the Ford car at an eleva-
N.C)
STATE v. STEWART 261
(127 8.E.)
wards the place where the dead bodies of | that the bill was considered, passed upon,
the officers were afterwards found.
The officers, after leaving the Chinnis store,
erossed over Bob’s branch, and later in the
afternoon were seen coming back by the
home of David Hooper and passing down into
the branch. In a few minutes the Hoopers
and Fuller McFadden heard shots, together
with threats and profane language. In a
few minutes thereafter the dead bodies of
the two officers and the dog were found a few
yards from the branch. George was in the
front seat of the car, the dog on the back
seat, and Lilly on the ground behind the
ear. All the buckshot were fired from the
front, but the bullet in George's head en-
tered from the right. The officers’ car did
not stop running until the guns fired; but,
aiter the firing had ceased, another car was
heard to turn around about 228 feet from the
States cord tires, and the track was fol-
lowed into the Fuller McFadden road, and
thence to the prisoners’ garage. On the edge
Hon of about 744 feet and about 88 feet dis-
tant from the car was a trampled or standing
place. Soon after the shots were heard the
prisoners returned home; the elder carrying
a gun and the younger two pistols. The
. buckshot found in the bodies of the deceased ‘
and the buckshot shells found on the ground
where the shooting occurred were identical
with those found in the Stewart garage.
After they returned home, Elmer Stewart |
Went away in a Ford truck, and C. W. Stew-
art spent the night away from home. There |
Was evidence that C. W. Stewart went to
Amos Wallace’s house the same night and
made a confession of his guilt, reciting the
Various circumstances, which it is not nec: '
essary to set out In detail. Other evidence |
was offered tending to show incriminating
remarks by C. W. Stewart.
The defense was a complete denial of the
state’s theory, and an alibi. The prisoners
contended they had hidden a condenser on
Fuller McIadden’s land, and on the after-
400n in question had gone there to see wheth- |
|
|
er it could be fitted to a certain apparatus
used by Elmer Stewart in the swamp, and, |
finding that it could not, had left it in the |
voods. They denied having a gun or pistol; |
denied any admission or confession; and |
contested the truth of all the material evi-
dence offered by the state. The exceptions
ire stated in the opinion.
John D. Bellamy, William M. Bellamy, and
David Sinclair, Jr., all of Wilmington, for
appellants.
Dennis G. Brummitt, Atty. Gen., and Frank
Nash, Asst. Atty. Gen., for the State.
ADAMS, J. [1] Before their arraignment
the prisoners filed a plea in abatement, and
moved to quash the indictment on the ground
by the whole petit jury.’
and approved by the grand jury when only
3 of its members were present. This body,
serving for a period of six months, had been
impaneled and charged at a former term;
but when the indictment was found 5 of the
number were unavoidably absent. All who
were present voted to indorse and return the
indictment “a true bill.’ Afterwards 2 of
the absent members came in, but took no
part in finding the indictment or returning it
into court.
There was no error in denying the motion
to abate the prosecution. At common law
the indictment was sufficient if 12 members
of the grand jury assented. In Rex v. Marsh,
6 A. & E. 237 (112 Eng. Reports, 89), it is
said:
“It is sufficient that twelve found the bill.
An indictment is ‘an accusation found by an
inquest of 12 or more upon their oath.’ Co.
Litt. 126b. In 2 Hale’s P. C. 154, it is stated
that the sheriff, on precept to him, is to re-
turn 24 or more persons, out of whom the
grand inquest is to be taken and sworn; and’
at page 161 it is said that, ‘if there be 13 or
more of the grand inquest, a presentment by
less than 12 ought not to be; but, if there be
12 assenting, though some of the rest of their
number dissent, it is a good presentment.’ In
Com. Dig., indictment (A) is stated to be an
accusation, ‘found by a proper jury of twelve
men’; and the same definition (as to number)
is given in 4 Hawk. P. C. 1, book 2, ¢. 25 (7th
Ed. by Leach). In 4 Bl. Com. 306, it ig said
that ‘to find a bill, there must at least 12
‘of the jury agree,’ and ‘no man can be convict-
ed at the suit of the king of any capital of-
fense, unless by the unanimous voice of 24
of his equals and neighbours; that is, by 12,
at least, of the grand jury, in the first place,
_assenting to the accusation; and afterwards
‘But, if 12 of the
grand jury assent, it is a good presentment,
though some of the rest disagree.” And in
14 Vin. Abr. 877, Indictment (H, 9) pl. 5, it
is said that the caption ought to show that the
indictors ‘were 12 in number.’”
Compare 2 Haw. P. C. e. 25, § 15; 1 Chit.
Cr. Law, 311; 2 Bishop’s New. Cr. Pro. § 854.
With reference to the number necessary to
the finding of an indictment, the common law
obtains in North Carolina, and is not affected
by the provision that the 18 jurors first
drawn shall be a grand jury for the court.
C. S. § 2333; State v. Davis, 24 N. C. 153;
State v. Barker, 107 N. C. 914, 12 S. B. 115,
10 L. R. A. 50; State v. Perry, 122 N. C.
1018, 29 S. B. 384: State v. Wood, 175 N. C.
809, S16, 95 S. E. 1050.
During the progress of the trial, at the
request of counsel for the prisoners and with
the consent of the state, the court, the jury,
the prisoners, and all the attorneys, except
one of those representing the prisoners, went
to the scene of the homicide. There the court
was opened in the usual way, and the prose-
cuting officer suggested that the position of
ANA
“>
git }
4
n
f
‘
UNIVERSITY GF
yo atepanu aos *6z6t S11 Trady ue
OTuTtTM
*aatqooje AFT u042
(aotAsunag) SON PeqoeAZ0eTe (Ues pue TeyZeT) SoqTYA
‘routs pue 6°4 °o SRIVMELS
Pe Re pee ees
ere
“not to consider it has long been recognized
. Which he afterwards conceived to be incom-
262 127 SOUTHEASTERN REPORTER W. C.
the Ford car and the trampled spot be point-
ed out by the witnesses, but the prisoners ob-
jected to the taking of any evidence. There-
upon L. R. Early, who had previously testi-
fied in the courthouse as to the position of
the Ford car, the dead bodies, the place
where the other car had turned around, and
other circumstances, was permitted to identi-
fy the several places to which he had re-
ferred and certain landmarks by which he
was guided; and A. A. Nelms and R. C. Fer-
gus indicated places where shells and wad-
ding had been round. Mattie Hooper also
was introduced as a witness for the state, She
‘lived near the place of the homicide, and tes-
tified as to what she had seen and heard at
the time the shooting took place.
The prisoners have vigorously assailed this
entire proceeding, and have insisted that
their rights were thereby impaired and their
defense materially prejudiced.
After the examination of the witnesses just
referred to, the court returned to Southport
and reconvened in the courthouse. Thereaft-
er (the time is not definitely fixed) the judge
struck from the record the entire testimony
of Mattie Hooper, and directed the jury not
to consider it, and to disregard any impres-
sion it might have created. He also instruct-
ed them not to consider the result of their
“crouching observation” from one of the
places pointed out by L. R. Early.
[2] The power of the court to withdraw
incompetent evidence and to instruct the jury
in this staté. Of course, there are circum-
stances under which such power may not be
exercised, as in Gattis v. Kilgo, 131 N, C. 199,
42 S. E. 584, with which may be compared
State v. Bryant, 189 N. C. 112, 126 S. E. 107.
But here the presiding judge merely correct-
ed the inadvertent admission of evidence
petent and to which the prisoners had ob-
jeeted. The withdrawal of the testimony
was favorable to the defense, and is sus-
tained by a number of our decisions. In Mc-
Allister v. McAllister, 34 N, ©, 184, Chief
Justice Ruffin said:
“It is undoubtedly proper and in the power
of the court to correct a slip by withdrawing
improper evidence from the consideration of
the jury, or by giving such explanations of an
error as will prevent it from misleading a
jury.”
He expressed the same opinion three-quar-
ters of a century ago, and the practice has
been observed since that time. State v. May,
15 N. C. 328; State v. Davis, 15 N. ©. 612;
State v. Collins, 93 N. C. 564; State v. Mc-
Nair, 93 N. C. 628; Bridgers v. Dill, 97 N. C.
222, 1 S. E. 767; State v. Crane, 110 N. ©.
530, 15 S, E. 231; Wilson y. Mfg. Co., 120 N.
O. 94, 26 S. E. 629; State v. Lunsford, 177
N. C. 117, 97 S. E. 682; State v. Dickerson,
[3] But a graver question ig raised by the
exception of the prisoners to the taking of
any evidence at the place of the homicide.
They say their request for the jury to visit
the scene resulted in the introduction of a
novel mode of developing the evidence which
was without warrant in criminal procedure
and destructive to their defense.
Under the practice at common law the pow-
er to order a view by the jury in certain
civil actions rested in the sound discretion
of the court, and by 4 and 5 Anne, c. 16, it
Was seemingly extended to all civil actions,
while in criminal actions there could be no
rule for a view without mutual consent.
This statute was repealed by 6 Geo. IV, c. 50,
by which it was provided that a view should
be ordered if necessary in any case, civil or
criminal. The officer serving the writ was
commanded to have six or more of the jurors
to go to the place in question at some con-
venient time before the trial, and the place
was to be designated by two persons ap-
pointed by the court. 1 Reeves’ His. Eng.
Law, 435; Reg. v. Whalley, 61 E. C. L. R.
376; Thompson on Trials, 665. Thompson
says that in criminal cases there was no
warrant in the English practice for sending
the jury out to make a view except when
such a course was authorized by statute. 8
Trials, § 895. In several of the states such
statutes have been enacted; but in State v.
Perry, 121 N. C. 533, 27 S. E. 997, 61 Am. St.
Rep. 683, it was held that the courts have
inherent authority in their search for the
truth to resort to this procedure. It was
held, too, that evidence should not be taken
on such occasions; the object being merély
to present the scene to the jury more vividly
than is possible by the description of wit-
nesses. It was suggested that under the
settled practice “showers” should be appoint-
ed by the court to point out the locus in quo
So as to enable the jury to apply the evidence
developed on the trial,
Chiefly upon State y. Perry, supra, the
prisoners rest their exception to the taking
of the evidence at Bob's branch; but that
decision is applicable to cases in which the
“showers” make shown to the jury the scene
described and evidently was not intended to
cover the facts embraced in the present rec-
ord. Here there was a sharp conflict as to
whether the prisoners were near the place
where the Ford car was standing when the
dead men were found. The car had heen re-
moved to Wilmington for storage, and it was
essential to show the place where it had been
found and its distance at that time from
other identified places. The prisoners re-
quested a view of the lecality, and according-
ly the court, the jury, the solicitor, the pris-
oners, two of their attorneys, and certain
witnesses went to the place where the homi-
cide had occurred. The court held a short
session there, and admitted evidence tending
189 Ne Co s2eF 127-8. Bs 236,
to {dentify the several disputed spots. The
Aas waaytanyte, caren tnt tt 9
N. C.) STATE v. STEWART 263
We (127 S.E.)
witnesses who testifled on behalf of the state
were, of course, subject to the prisoners’
right of cross-examination. Indeed, with one
exception all these witnesses were in fact
cross-examined.
The cardinal objection urged to this pro-
cedure was the asserted disregard of the
statutory provision that a superior court
shall be held by a judge thereof at the court-
-house of each county. C. S. § 1443. The
place for holding a term of court is usually
fixed by constitutional or statutory provision,
and, as a general rule, issues of fact cannot
be tried at-any other place. Bynum v. Powe,
97 N. C. 374, 2 S. E. 170, But here the term
was held at the courthouse in Southport, and
the court by virtue of its inherent power
granted the prisoners’ request for a view of
two or three places near the branch, fre-
quently referred to by the witnesses, but dif-
ficult, if not impossible, of satisfactory identi-
fication by “showers,” because the Ford car
had been removed. The jury were permitted
to consider only such part of the evidence
taken at the branch as tended to make plain
the position of the objects described, and the
reception of this evidence should be treated
fs a continuance and essential part of the
regular term. After critical examination of
the proceeding. complained of, we find no
error which was fatal or prejudicial to the
_ defense relied on or to the prisoners’ con-
stitutional rights, and the exceptions ad-
dressed thereto must be overruled. Const.
N. C. art. 4, § 10 et seq.; State v. Perry, su-
pra; Jenkins vy. Railroad, 110 N. C. 438, 15
8. E. 193; People v. Thorn, 42 L. R. A. 368,
note; People v. Auerback, Ann. Cas. 1915B,
568, note.
While under the singular circumstances of
this case we find no reversible error in per-
mitting the witnesses to identify the place
where the crime was committed, we must not
be understood as commending the practice.
There may be instances in which a view by
the jury is necessary, but in criminal actions
it is always hazardous and not infrequently
an obstruction rather than an aid in the ad-
ministration of justice. In any event, the
court should permit such view only when
satisfied that it will contribute to and not re-
tard the due and orderly procedure which has
been established as the best product of judi-
cial thought.
[4] The prisoners excepted to the exclusion
of evidence tending to show that the de-
ceased officers had a warrant for some one
other than the prisoners, and that certain
Persons in no way connected with the trial
had made threats against these officers, or
one of them, or had both an opportunity and
& motive for committing the crime with
which the prisoners were charged. The ob-
Ject was to prove that the homicide was coin-
mitted by a third party. This is not per-
missible under the instant facts. A recent
and learned discussion of the question by Mr.
Justice Walker appears in State v. Lane, 166
N. C. 333, 338, 81 S. E. 620, in which, with ci-
tation of authorities, there is a clear state-
ment of the principle upon which the ruling
is made to rest. i
[5,6] The exceptions presented in the six-
teenth, seventeenth, eighteenth, and nine-
teenth assignments of error relate to instruc-
tions in reference to the law: of conspiracy
and flight; but in these instructions we see
no ground for a new trial. As to conspiracy
the judge substantially charged the law as
set forth in several decisions of this court
involving the doctrine that each party to a
criminal conspiracy is the agent of all the
others, so that an act done by one in fur-
therance of the unlawful design is the act
of all. There was evidence of such conspir-
acy, but none of repentance or withdrawal
by either party before the crime was com-
mitted. State v. Connor, 179 N. C. 752, 105
S. E. 79. Flight, it is true, is not in itself
an admission of guilt; but when established
it is a fact which, together with a series of
other circumstances, may be so associated
with the fact in issue as, in the relation of
cause and effect, to lead to a satisfactory
conclusion. Considered in its proper setting
and in its relation to other parts of the
charge, the instruction complained of, as we
understand it, imports only this, that the
jury might consider evidence of flight in con-
nection with other circumstances in passing
upon the question whether the combined cir-
cumstances were tantamount to an implied
admission of guilt, and not that flight per se
constitutes: such an admission or raises a
presumption of guilt. When so considered
the instruction is in accord with the authori-
ties in this jurisdiction. State v. Tate, 161
N. C. 280, 76 S. E. 713; State v. Hairston,
182 N. C. 851, 109 S. F. 45. His honor took
care to say that neither flight nor attempted
concealment created a presumption of pre-
meditation and deliberation. State v. Foster,
130 N. C. 666, 41 S. E. 284, €9 Am. St. Rep.
876.
The court’s alleged refusal to give a spe-
cial prayer as to the requisites of circumstan-
tial evidence forms the twenty-third assign-
ment of error. Upon this phase of the case
his honor’s charge was in strict conformity
with law as laid down in State v, Wilcox, 132
N. C. 1120, 44 S. FE. 625, and other decisions.
and was as favorable to the prisoners as they
could reasonably demand.
(7] The prayer set out in the twenty-fourth
assignment is open to the objection that it
recites an abstract proposition of law based
upon a philosophical discussion of the difter-
ence between a confession of evidence and
evidence of a confession without app!ying the
proposition in any way to the testimony of
the witnesses. The instruction for this rea
son, if for no other, was properly declined.
“SAMA
ne
UNIVERSITY OF /
~—s
RE RIR, Py
re
%
Phe
ro
ATR IN
*
fg
fide tate beastye ry str par ees ta
264 127 SOUTHEASTERN REPORTER
State v. Rash, 34 N. C. 382, 55 Am. Dec. 420;
State v. Murph, 60 N. C. 129; State v. An-| STATE v. WILLIAMS et al. (No. 11718.)
derson, 92 N. C. 733; State y. Speaks, 94 N.
C. 865.
(Supreme Court of South Carolina. March 14,
[8,9] Exceptions to the remaining prayers 1925.)
. are so clearly without merit as to require no
? : ‘ 1. Criminal law. @==655(6)—Court’s comment
discussion. Assuredly the judge would not <3 ;
_ afte a
have been justified in telling to the jury vd d instruction on self-defense held
there was no evidence tending to prove the
guilt of Elmer Stewart; and so much of the
other prayers as the prisoners were entitled
to is embodied in the charge.
{10, 11] On Sunday morning the jury an-
nounced that they had reached a verdict, and
. the following proceeding took place:
“The Court: Gentlemen, have you agreed
on a verdict?:
“The Jury: Yes, sir; we have.
“The Court: Who shall speak for you?
-“Phe Jury: The foreman.
“The Court: Gentlemen of the jury, look
upon the prisoners. What say you as to C.
W. Stewart and Elmer Stewart? Are they
guilty of the murder whereof they stand charg-
ed, or not guilty?
“The Foreman: Guilty, with the mercy of
the court.
“The Court: Guilty of what?
“The Foreman: Guilty. of murder in the first
segree.
“The Court: You find them both guilty of
murder in the first degree?
“The Foreman: Yes, sir; with. the merey
of the court. ;
Counsel for the defendants asked that the
jury be polled.
“The Court: All right, Mr. Clerk, call the
jury.” r
And each of the jurors answered, “Yes.”
“The Court: By polling the jury, it means
that each one of you is asked the question as
Prejudicial error. -
A defendant being entitled to charge on
law of self-defense whether killing is admitted
or not, it was error for court, after charge on
self-defense, to remark, “But these defendants
say they didn’t do it; so I don’t see any use
to say anything further as to. self-defense.”
2. Homicide €=309(1) — Instruction as to
manslaughter held erroneous.
Instruction, “There is another form of
manslaughter when a man acts in a careless,
reckless way, and kills somebody, which would
otherwise be an accident. The law says that
is manslaughter, when it is more than a mere
accident”—held erroneous; “imore than a mere
accident” being inclusive of ordinary negligence
and carelessness, and simple negligence, caus-
ing death of another, not being manslaughter,
Appeal from General Sessions Circuit
Court of Sumter County; John S. Wilson,
Judge.
John Williams and others were convicted
of manslaughter, and they appeal. . Reversed,
and new trial ordered
Epps & Levy and Raymon Schwartz, all of
Sumter, for appellants.
Solicitor F. A. Mcleod and Harby, Nash
& Hodges, all of Sumter, for the State,
W. C. COTHRAN, A. A. J. Upon convice
to whether or not you did find the prisoners | tion of manslaughter upon trial for the mur-
guilty of murder in the first degree; that is
true, is it?
All of the jurors answered “Yes.”
The prisoners made a motion in arrest of
judgment on the ground that the verdict was
too indefinite and a motion to correct the ver-
dict, and excepted to the denial of each mo-
der of Frank Frierson at the 1923 term of
the court of general sessions for Sumter
county, the defendants appealed.
The exceptions are numerous and several
of them present questions which are hardly
necessary to the determination of this ap-
peal. Similar questions will not likely be
raised upon the next trial of this case.
tion. In refusing these motions there was no
error. The verdict was entered on the rec-
ords of the court as it was returned, so there
was nothing to correct, and the jury’s réc-
ommendation of merey was mere surplusage
and no part of the verdict. This conclusion
was reached in State v. McKay, 150 N. C.
813, 63 S. E. 1059, and approved in State v.
Hancock, 151 N. C. 699, 66 S. EB. 137, and in
State v. Snipes, 185 N. C. 743, 117 S. E. 500.
After bestowing upon the record, the briefs,
and the oral argument the care and reflec-
tion which the gravity of the crime demands,
we perceive no error which entitles the pris-
oners, or either of them, to a new trial.
No error.
The first four exceptions charge error on
the part of the trial judge in refusing to di-
rect a verdict of not guilty as to all of the
defendants. Without expressing an opinion
as to the sufficiency of this testimony to con-
vict, a careful reading of the record con-
vinces us that the trial judge did not err in
submitting the issues of -fact to the jury.
{1] Exception 9 charges error on the part
of the trial judge in his charge relative to
Self-defense. It appears from the ease of
State v. Orr (S. C.) 127 8. E. 771, that a de-
fendant has the right to have the law-of self-
defense charged by the court, whether the
killing is admitted or not. In the present
case the trial judge charged the jury the
law of self-defense, but then said:
G—For other cases see same topic and KEY-NUMBER In all Key-Numbered Digests and Indexes
8.C,
B.C.) STRICKLAND v. MOSKOS 268
nae (127 8.B.)
“But these defendants say they did not do
fit, so I do not see any use to say anything
further as to self-defense.”
If the defendants had the legal right to
have the charge of self-defense presented to
the jury, it was certainly prejudicial error
to have that charge nullified.
‘(2] Exception 10 imputes error on the part
of the trial judge in charging the jury as fol-
lows:
“There is another form of manslaughter when
a man acts in a careless, reckless way and kills
somebody which would otherwise be an acci-
dent. The law says that is manslaughter when
it is more than a mere accident.”
“More than a mere accident,” would in-
clude ordinary negligence or carelessness,
and the very recent case of State v. Davis,
128 S. OC, 265, 122 S. EB. 770, distinctly holds
that simple negligence in causing the death :
of another would not be manslaughter.
Exceptions 9 and 10 are sustained. As to
the other exceptions, they were “mere inci-
dents of that trial,” as stated in State v. Orr,
supra, and do not require special considera-
tion.”
Judgment reversed, and new trial ordered.
WATTS, FRASER, and MARION, JJ., con-
cur.
GARY, C. J., and T. P. COTHRAN, J., did
not participate.
STRICKLAND v. MOSKOS. (No. 11720.)
(Supreme Court of South Carolina. March 14,
1925.)
Damages €=>94—$2,292 actual and $5,000
punitive damages from automobile collision
involving only temporary injuries held not
so excessive as to warrant reversal.
$2,292 actual damages for injuries from
automobile collision not involving broken bones
or permanent injuries, and which incapacitated
plaintiff for only four weeks, and $5,000 puni-
tive damages, held not so excessive as to war-
rant reversal.
W. C. Cothran, A. A. J., dissenting in part.
Appeal from Common Pleas Circuit Court
of Charleston County; J. Henry Johuson,
Judge.
Action by George O. Strickland against
James Moskos. Judgment for plaintiff, and
Mitchell & Horlbeck, of Charleston, for ap-
pellant.
Thos. P. Stoney, J. D. E. Meyer, and A. R.
McGowan, all of Charleston, for respondent.
W. O. COTHRAN, A. A. J. A jury in the
court of common pleas for Charleston coun-
ty rendered a verdict for the plaintiff in this
ease for $2,292 actual damages and $5,975
punitive damages. Upon motion for a new
trial the trial judge held that the verdict for
punitive damages was excessive and reduced
it to the sum of $5,000, allowing the plain-
tiff to enter up judgment for $7,292 and
costs.
From the judgment this appeal is taken up-
on the grounds that the trial judge should
have granted a nonsuit because of the con-
tributory negligence of the plaintiff in not
keeping a lookout for the car which struck
him, for failure of the trial judge to prop-
erly charge the jury, and for failure of the
trial judge to grant a new trial because of
the excessive verdict.
The facts as disclosed by the testimony are
that about midnight of October 1, 1922, a col-
lision took place between a Hudson car,
driven and owned by the defendant, and a
Peerless car, driven but not owned by the
plaintiff, at the intersection of Calhoun and
Meeting streets, in the city of Chatleston. It
appears that the plaintiff approached the
point of collision at a moderate rate of speed
and that he did not see the approaching Hud-
son car until the collision took place. The
Hudson appears to have been driven at a
very rapid rate of speed. The Hudson car
approached from the right and under an or-
dinance of the city of Charleston had the
right of way. An occiipant of the Peerless
ear, riding on the front seat with the plain-
tiff, saw the Hudson coming, but it does not
appear that he mentioned this fact to the
‘plaintiff, The impact knocked the Peerless
some 15 or 20 feet and overturned it, pinning
the occupants underneath. The plaintiff was
rushed to the Roper Hospital, where it was
found that many bruises and a few cuts were
on various parts of his body, but no bones
were broken. He remained in the hospital
three days and resumed his regular work in
about three weeks. The testimony does not
show that he was suffering any ill effects
from the accident at the time of the trial or
that he had suffered any after he resumed
his regular work.
The charge of the trial judge as to
negligence, contributory negligence, reck-
lessness, violation of city ordinances, etc.,
defendant appeals, Affirmed.
was remarkably clear and free from error.
6—For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
pr’ SANA
y. OF }
aan
YNIVERSi
<0?
mide
oy
wy
Rs
e
Fi a RT
Ra
Oc ORR
STONE, BRyant, white, elec.
OUNG, handsome Wayne Norman shook his
head. “No, honey, you and the girls go on into
town,” he told his wife. “Sunday is my day for
rest. I’d have more fun sitting here on the porch
taking in the breeze than I would in town. Just take
the car and have a good time.”
“But, Wayne, I don’t want to go without you.”
“Now, go on, Joyce. I’m having too much fun on
this cool porch. You and the girls run along. Be sure
and see if—”
A roaring, deafening explosion suddenly split the
peaceful Sabbath quiet, changing the young farmer’s
words into a ghastly gurgle.
Her heart pounding with mounting horror, Joyce
Norman saw her husband’s eyes turn glassy, then
saw a curious splotch of red stain his face and white
shirt. She screamed as he pitched forward into an
inert heap.
Realizing that a nameless dan-
ger threatened, the two young
girls, friends of Joyce, who had
been idling on the porch, ran
madly toward their homes a quar-
ter of a mile distant, their shrieks
of fear echoing shrilly over the
silent fields of growing corn.
The shrill screams brought
neighbors on the run. They found
Joyce Norman bending over the
unconscious form of her husband,
frantically bathing his white face.
A neighbor gently put her aside,
then felt the pulse of the young
farmer. ‘“‘He’s still alive. We'd
better get him to a_ hospital
quickly,” he told the others.
Rushed to the hospital in North
Wilkesboro, N. C., Norman re-
covered consciousness for a short
period. ‘‘Who shot you? Did you
see him?” asked Dr. F. C. Hub-
bard with quiet insistence.
But the young farmer moved
his head weakly from side to side.
“T don’t know. I saw no one,” he
managed to whisper.
Meanwhile, news of the strange
shooting at high noon on that
peaceful Sunday of June 12, 1932,
was quickly relayed to the Wilkes
county authorities. Sheriff W. B.
Somers, Deputies Paris Turner,
Garnet Pendry and Moody Pur-
due rushed to the farm on King
Fire mountain, approximately 12
miles from Wilkesboro.
Deputy Pendry had brought
along his two bloodhounds,
A bridegroom of six months, handsome Wayne Norman, left
was slain by a shotgun blast as he sat on his farmhouse |
TARTLING DETECTIVE
porch where
death overtook the
handsome young
farmer and precipi-
tated a dramatic mur-
der investigation.
ADVENTURES
“Petal” and “Josie,” two huge, mournful-eyed manhunters
who seldom failed him. As Sheriff Somers and the other
deputies quickly set about the hunt for possible clues, Pendry
deployed the dogs. The bloodhounds at first circled aimlessly.
Then, about 150 yards from the house, they picked up a trail.
Five minutes later as the dogs tugged him straight across a
long cornfield, Pendry began to curse beneath his breath.
Big splotches ‘of rain were falling. A few minutes later he
was leading the dogs back to the house through a pounding
shower, all hope of tracing the phantom attacker with the
bloodhounds completely gone.
The sudden shower forced the officers to retreat momen-
tarily to the house. Sheriff Somers began questioning the
two girls who had been on the porch chatting with Mrs.
Norman when the shot was fired. In a short while the sheriff
had charted off their relative positions. Wayne Norman had
been sitting in a chair at the east end of the porch, facing
south. Mrs. Norman and her friends had been at the west
end of the porch, with the two girls sitting on the edge of
the porch facing northwest.
“When you heard the shot, did you notice anyone run
away or hear any sign or movement?” asked the sheriff.
Both girls shook their heads.
“T was terribly frightened,” one of them said, “but even
when I turned to run J naturally wanted to locate the danger.
I looked all around but I didn’t see a soul. I haven’t even the
slightest idea from where the shot was fired.” The other girl
also averred that she had seen no one either before or after
the shooting.
Sheriff Somers glanced speculatively around the terrain.
Several yards away, to the west, was the road. To the east: i
30 N.C. 38 SOUTH PASTERN REPORTER, 2d SERIES
In State v. Thomas, supra [118 N.C. 1113,
d— lie, you did sce him,” and
isa G
the deceased replied: “You are another 24 S.E. 436], there was no evidence of
G— 4d lic, I haven’t saw him.” the use of a deadly weapon, and the Court
ce, there
Whereupon, the defendant said: “You call said: “Tn any aspect of the eviden
d—— lie and T'll shoot hell was error to take the view most favorable
and he pulled a pistol out of of the charge, in omitting to explain to the
jury the application of the testimony to the
stantly. theory of murder in the second degree,
Just prior to his arrest, several hours when the prisoner’s counsel was maintain-
after: the fatal shooting, the defendant ing that the prisoner ought to be convicted
made the statement : “T killed the G— of no higher crime. For this error there
While in the
d—— negro,” oF “The G—— d-—— nesro must be a venire de novo.”
“out of the way”. After his case of State v. Rhyne, supra, there was
looking legal provocation, towit, an assault and bat-
me a G
out of you,”
his pocket and shot him, killing him in-
js dead”, or
arrest, he told the officers he was
for Lee McQueen and the deceased de-
saving seen McQueen, when he thought The defendant, by his own admission to
and shot him.” the officers, Was looking for Lee McQueen
he defend- at the time he killed the deceased, and he
said he shot him because he thought the de-
olding information as to
He never
tery.
nied I
he had, “So he cursed him
One of the officers testified that t
ant said: “He shot this boy when he was
oking for Lee, if he had just ceased was withh
he would the whereabouts of McQueen.
: contended that he shot the deceased in the
Verdict: Guilty of murder in the first heat of passion because of any vile lan-
degree. guage used by the deceased. In fact, the
Judgment: Death by asphyxiation. record discloses that the deceased had twice
Defend Ig to the Supreme Court stated that he had not seen McQueen. The
efendant ape? Pted > defendant had cursed him twice before the
deceased replied in kind. Whereupon, the
Gen., and defendant sadist vou coli< me: 5 _—
lie, and I’ll shoot hell out of you,”
£ his pocket and
actually lo
gotten Lee. ‘been able to find Lee,
have been willing to smell the gas.
“2
and assigns error.
Harry M. McMullan, Atty.
Hughes J. Rhodes, Ralph M. Moody, and 4.
Eee Tucker, Asst. Attys. Gen., for the and he pulled a pistol out ©
State. shot him.
Harvey Jones and Brassficld & Maupin, [1-3] Premeditation and deliberation
all of Raleigh, for de sumed from & killing with a
However, “Premeditation
fendant. ate not: pre
deadly weapon.
and deliberation, like any other fact, may
by circumstances, and in deter-
to whether there was such pre-
DENNY, Justice.
The only question presented upon this be shown
appeal is whether the evidence tending to mining as
show premeditation and deliberation is suf- meditation and deliberation, the jury may
ficient to sustain @ verdict of murder in consider the entire absence of provocation
the first degree. and all the circumstances under which the
The defendant contends that there is homicide is committed. State v- Roberson,
no evidence to show that he knew the de- 150 N.C. 837, 64 S.E. 182; Carr on Homi-
that he had ever seen him prior cide, § 72. If the circumstances show a
that he formed design to take the life of the de-
ceased, the crime is murder in the first de-
caused by the vile language usd by the de- gree.” State v. Walker, 173. N.C. 780, 92
ceased, at a time when he was already mad; S.E. 327, 328. State v. Benson, 183 N.C.
efore, at most, he is only guilty of mur- 795, 111 S.E. 869; State v. Steele, 190 N.C.
The defendant 506, 130 S.E. 308; State v- Newsome, 195
is relying principally upon State v. Thom- N.C. 552, 143 S.E. 187; State v- Evans,
as, 118 N.C. 1113, 24 S.E. 431, and State 198 N.C. 82, 150 S.E. 678; State v- Mathe-
vy. Rhyne, 124 N.C. 847, 33 S.E. 128. son, 225 N.C. 109, 33 S.E.2d 590.
ceased oF
to the afternoon of the killing;
killed the deceased in the heat of passion,
ther
der in the second degree.
JOHN
STON COUNTY y. ELLIS
[4] In State v. Newsom Nite ng 38 S.K.2d 31 NC. +:
N.C. 552, 143 S.E. 193] «tg ae [195 he thought the deceased w : :
Deliberation and Sreskeditation 8 ve information as to the ie Fas Serer
upon by the state, as itation, if relied Qucen, even th outs of Mc-
‘ ate, as constituting the homi , n though the fixed desi :
cide murder in tl g the homi- was formed i . od design 'to kill
Mahank tie: se degree, under the fatal shot beecpai ed before he fired the
ays be proved by the evi- first Hates a oops of murder in the
: if the defendant arm
ed
dence, beyond a
a reasonable doubt. I i
‘case, under the stat ln de : :
- | with a i
e as construed by this find McQueen pga Caren eee
, and determined to kill
any-
court, it is for the j
jury and not the j
; ie judge t
ind the fact of deliberation and Bids ee a ee eee
: y n-
tion ey'y the evidence, and beyond a r
2 ea-
paige: pctde Premeditation and delibera.
e always matters of f :
) E act to be d
min ae
é3 by the jury, and not matters of lawt
be determined by the judge.” ‘
formation as to McQueen’s
to McQ whereabo
ee did kill the deceased for soa
ace ae guilty of murder in the first
-< > Pep on. aes in mitiga-
t nt’s conduct i 7
ees 4 this record. State v. eget git
supra [198 NC. mae ange Me a sy
C. J., speakin f 1 -E. 679], Stacy, [8], We are not pre
& Ise tig bo fe Ci said: “In de- light of our decheiche, aah kee Seda
Sepeiiong fie aves 8 beesichastion dna attendant circumstances are in oP F
rene mit is peep . or the jury to sustain the verdict of murder in a con
ey Rome e conduct of the degree. ars
ee oat wtb writ as well as at the
i 5 cide, and all the at
as ee If the killing hint
che yee with the formation of the
we . ill, there would be no premedita-
mse : s son flight be evidence of it.
a 90 ay e, supra. But, if the prisoner
peas : purpose of killing long enough
aes design, and at a subsequent
i: : ‘0 ter how soon or how remote,
ace ° execution, there would be suffi-
i AS SOIREE and deliberation to
bee: t e jury in finding him guilty of
a aye pa paihe State v. Teach-
aie ca J0/5 DY - ‘
Dowden, 118 N.C. 1145, 24 Senge ae | is
In tax foreclosure suit by county
immaterial, i
, in determinin
£ the deg F
murder, how soon after Foie oie against owners of realt
0 Kill, alty, superior
court
In the trial below, there is no error,
Ww
E
© g KEY NUMBER SYSTEM
T
226 N.C.
JOHNSTON COUNTY v. ELLIS et os
No. 235.
Supreme Court of North Carolina
May 1, 1946.
{. Taxation €=639
the pris :
oner carried hi 2 ; had no jurisdicti
d his purpose into execu- yre of jurisdiction to entertain forcclo
mortgage S-
age executed by
owners of
tion. State v. Covington, 117 N.C. 834, 23
S.E. B37;
Tr
eal , h re erEe..¢ € t
ce
Premeditati
ion means *‘
‘a biforehtad for *thine -lencthi Bee sy codefendants and not n
however short, but no particular ti time, Tated to a judicial d pease and unre-
é ar time is re- etermination of
: the
ti
pa ved the mental process of premedita
n. t : :
Saye mapa supra, Delibera- 2. Infants ¢=84
E he act is done i e I
State of the blo i gf dies selawaes |
g reclosure
fixed design wot furtherance of some *8ainst owners of realt raeak | paps
og yagi ev. Walker, 173 N.C. minor heirs of one of ihe eine ea
ie 7 own
realty, who sought to have poating hay
in dee
7 ; i .
(7] If the defendant intended to kill the i cutee pracsorsg ert. Azide
no power, without special sie st
’ H authority of
deceased i
and did so for
revenge, because the court, to consent t
o a judgment f
ore-
tax foreclosure.
aoe 6 ee A apnoea:
sort ied
CE Se
+ oa
. ma eS ‘ : épyaraty, Y
att rs irre peta ; ant, ay “ne
Bike i Yap Olle ee Bi ene
qT EASTERN
28 Va. 38 SOUTH EAS
marriage is valid in
or not a common-law (
ersuasive that our
this state, 1s strongly Pp
people, from the passage of our ee
statutes on the subject of marriage, Have
interpreted, y and as
wholly supersed
subject.’
* * *
them as mandator
ing the common law on the
* * *
“ FJowever this question is decided, it
may result in hardship in some = but
we think the lesser injury will come from
an adherence to the statutory requisites
han otherwise, to the end that these con-
tracts,should be made permanent, and aH
* sevocable at the will and pleasure of the
parties; that parents may be made respon-
REPORTER, 2d SERIES
sible for the support, Cy :
of their offspring, and the legitimacy =
the offspring established beyond dispute.
“For these reasons the Court sustains the
exceptions to that portion of the 5 BP
the Commissioner in Chancery which holds
that Irving F. Clarkson is entitled tq-re-
ceive the property of Annie Amelia Clark-
son, deceased ; and a decree may be ag
pared sustaining the claims of her bloo
relatives and next of kin, determined =
provided by the statute of Descents and
Distributions ; which decree will make aad
opinion a part of the record in this cause.
We affirm the decree of the Chancellor.
Affarmed.
maintenance, and care ©
STATE y. STEWART N.C. 29
Cite as 33 S.E.2d 29
226 N.C. 299
STATE v. STEWART.
No. 434.
Supreme Court of North Carolina.
May 1, 186.
1. Homicide G=147
Premeditation and deliberation are not
presumed from a killing with a deadly
weapon.
2. Homicide G-I6l, 232
Premeditation and deliberation may
be shown by circumstances, and in deter-
mining whether there was such premedita-
tion and deliberation, jury may consider
entire absence of provocation and all the
circumstances under which homicide was
committed.
3. Homicide €=9
If circumstances show a formed de-
sign to take the life of deceased, crime
is first degree murder.
4. Homicide ©=232, 269
In prosecution for murder, defend-
ant’s deliberation and premeditation are
questions of fact to be determined by jury,
and not questions of law for judge and
must be proved beyond a reasonable doubt.
5. Homicide C161
In determining question of deliberation
and premeditation necessary to constitute
first degree murder, jury may consider de-
fendant’s conduct before and after, as well
as at time of homicide and all attendant cir-
cumstances,
6. Homicide ¢>22(2)
If killing takes place simultaneously
with formation of intent to kill there is
no premeditation so as to constitute killing
first degree murder.
7. Homicide €=22(2)
Verdict finding defendant guilty of
murder in the first degree was justified
where defendant killed deceased either for
revenge, because he thought that deceased
was withholding information as to where-
abouts of person who allegedly committed
adultery with defendant’s wife, even
though fixed design to kill was formed im-
mediately before defendant fired fatal shot
or armed himself with pistol determined
to kill anyone whom he thought was with-
holding information as to such person and
actually killed deceased for that reason.
8. Homicide €=253(1)
Evidence justified defendant’s convic-
tion of murder in the first degree.
Appeal from Superior Court, Wake
County; Walter J. Bone, Judge.
Fab Stewart was convicted of murder
in the first degree and he appeals.
No error.
Criminal prosecution upon. indictment
charging the defendant with the murder
of one Ernest Jones, Jr. The evidence
tends to show: That on the afternoon of
December 15, 1945, about 1 o'clock, the
defendant and his wife had a quarrel. His
wife left home and stated she was going to
the home of her mother at 706 Carroll's
Alley, in the City of Ralcigh. A short time
thereafter the defendant went to the home
of his wife’s mother and his wife was not
there. He later went to the home of James
Harris and saw his wife, and a man by
the name of Lee McQueen coming out of
the toilet. He engaged in a fight with
his wife. Immediately thereafter he ob-
tained a pistol and went in search of Mc-
Queen. He went to the home of Clyde
Wright, who lived at 712 Carroll’s Alley.
He entered the front door of the house
in which Clyde Wright and the deceased
were. He did not speak to either of
them until after he had walked through
the room and into an adjoining room.
When he came back into the room, he in-
quired of Wright if he had seen Lee Mc-
Queen. Wright answered that he had,
but that he could not tell him where he
had gone. The defendant said “I caught
that s. o. b. with my wife today.”
The defendant turned as if to leave by
the door he had entered and then made in-
quiry of Ernest Jones, Jr., who was a Ser-
geant in the “army and was home on fur-
lough, if he had seen Lee McQueen. ‘The
deceased answered that he had not. The
defendant said: “You is a damn Jie, you
have saw him.” The deceased said: “I
haven't.’ The defendant said: “You
*ON6T-gc~9 (*CD ONBM) TSON °xfudse SHoeTa Sqeg ‘TUVMAIS
<a™
ir
oe
Seater Ss 5 oe
Mystery of the Murdered Bridegroom
[Continued from page 37]
woman who works at a beauty parlor in
Wilkesboro. She’s a good-looking blonde.
I've learned her name but haven’t had a
chance to question her. But from these
same witnesses who gave me her name,
I learned that the woman was crazy about
Norman, and seemingly thought he would
eventually marry her.’ Sheriff Somers
suddenly noted that Turner and Purdue
exchanged significant glances.
“What's upr” he demanded. “I see that
kind of hit home.”
Turner stuffed his cigaret out with slow
deliberation. “Sheriff, for us the shoe
seems to be on the other foot,” he said.
“How’s that?”
“T’ll start at the beginning. Joyce Nor-
man was only sixteen when she married
Norman in October, 1931. Her parents
had objected to her marrying so young,
and to a man twenty years older than she
was. So they. conducted a quaint court-
ship. Wayne fixed up a wooden mailbox
in the grove of pines near her house. They
exchanged love letters, and sometimes
they met during the day. Incidentally,
I’ve found out that Norman was a ladies’
man before he got married, but right after
the marriage he settled down and became
a hard-working farmer. And the parents
seemingly forgave Joyce, because Mrs.
Stone helped her fix up the house and
gave them several things. Also, from
various persons who visited the Norman’s
]’m convinced that the man was genuinely
in love with the girl. Why shouldn’t he
have been? She was pretty and sweet, and
despite her youth, made him a fine wife.”
“So what do’ you mean by ‘the shoe
being on the other foot?’” interrupted
Sheriff Somers.
“Just this. Before Joyce married Nor-
man, there was a young fellow, only nine-
teen, who was madly in love with the girl.
He works over at the furniture factory.
Anyway, he used to hang around the
Stone house pretty much, trying to court
the girl. And Mr. Stone, her father, told
me that one night they had it pretty hot
and heavy. The boy said Wayne Norman
would break her heart. And he angrily
told her he would do everything possible
to break them up. Stone further told me
that after the boy learned of Joyce’s mar-
riage, he disappeared for several days. He
finally came back to work but never
visited the house again.”
“You haven't talked to the boy?”
URNER shook his head. “Not yet.
We can pick him up any time.”
Sheriff Somers arose quickly. “I think
the time is right now. He comes into the
-picture too much to let him slide. You
know where he lives?”
Deputy Turner gave him the address.
Soon afterward the county officials pulled
up before a neat white house in North
Wilkesboro. The lawn was well-kept and
green, the windows of the house shaded
with awnings. Obviously it was the home
of a moderately well-to-do,, respectable
family.
Turner walked alone to the front door.
An elderly man, answering his ring, in-
formed him that the youth was attending
a movie; which one, he did not know. The
deputy walked back to the car.
“Well, either the cashier or one of the
ushers must have noticed him goin. We'll
54
’
ask at both of them,’ Sheriff Somers
decided.
The cashier at the first theater recalled
that the youth had entered around 8
o'clock. Sheriff Somers glanced at his
watch. It was 9:50 o'clock. Arrange-
ments were quickly made with one of the
ushers to bring the youth to the waiting
officers when he left the theater.
Approximately ten minutes later a
stockily built youth with short, clipped
hair was at the side of the car. Sheriff
Somers greeted him politely and asked
him to accompany him to the courthouse.
The boy's face reflected his puzzlement,
clear and unconcealed.
Pdintedly questioned, the youth frankly
admitted that he had been in love with
Joyce Norman prior to her marriage.
“What you say about me threatening
Wayne Norman is true, too,” he said
candidly. “But I was just sore about the
whole thing. I thought he wasn’t in love
with her, that he was just going to marry
her for what he could get and then throw
her away like an old shoe. You see’---
here the boy’s voice trembled slightly—
“T was terribly in love with her and I
didn’t want to see her life ruined. But I
learned that I was wrong about Wayne
and I found out she was happy with him.
So I just swallowed everything and tried
to forget her.”
“Where were you at noon on Sunday?”
‘©“y THINK I was at home. I didn't get
up until around eleven o'clock. | al-
ways sleep late on Sundays. Then I came
down, had my breakfast, loafed around
and got dressed. I walked into the town
around one o’clock.”
“Whom did you see that you can re-
call?”
The boy named three persons. Sheriff
Somers nodded to Deputy Turner who
promptly left the room. Meanwhile, the
official continued his questioning. Did
the youth own a shotgun? Had he bor-
rowed one? Did he know anyone who
might have wanted to kill Norman? To
every incriminating question the youth
shook his head.
Approximately 40 minutes later Deputy
Turner returned. He drew the sheriff -
aside. “Looks like the kid is clear. His
folks claim he didn’t leave the house Sun-
day morning until way after twelve. The
father is positive about that because he
remembered looking at the clock and
noticing that he had missed a broadcast
from New York. I found two of the wit-
nesses he mentioned, and both remember
him hanging around the drugstore until
nearly two o’clock that afternoon.”
Sheriff Somers, in the face of this con-
vincing proof that the youth was innocent
of any part in the shooting, apologized
and quickly released the boy.
On the following day Somers swung
his investigation toward the pretty beauty
operator who, allegedly, had been madly
in love with Norman. In a small town,
gossip is always rife, the private affairs of
an individual often becoming as well
known as if they had been printed in the
county weekly. It was not difficult for
the officials to learn that the affair be-
tween Norman and the blond beauty had
been hearty and tempestuous—daily
meetings for lunch, for dinner, and a
companionship that was almost insepar-
able after dark.
“T guess any girl would have expected
marriage after all that,” remarked Purdue.
“It would be easy for her to nurse along
a healthy grudge.”
Foregoing for the time being the move
to direct questioning, the sheriff quietly
began probing the background of the girl.
What he learned immediately tended to
weaken any theory that she was involved
in murder. She came from a respectable
family in an adjoining county, had worked
for the beauty shop for a year and a half,
was well liked by her patrons, and was
regarded as having a sweet and gentle
disposition.
“Shotgun killings aren’t a woman’s
game, usually,” said Purdue. “But she
might have used some man for the dirty
work. Let's get her statement as to where
she was around noon Sunday, and then
check it. Maybe she'll get rattled and
involve someone else.”
“That's the simplest move, all right,”
smiled the sheriff, “but anybody wanting
to commit a murder at high noon would
certainly take care of an alibi, would have
that fixed up first.”
“That's right,’ Purdue admitted.
“But we'll check up without her know-
ing it. Then we'll have a talk.”
At the girl’s residence, the sheriff was
informed by the landlady that the girl
had arisen at about 9 o’clock, had eaten
breakfast, and at 10:45 had left to attend
church.
“Did anyone meet her here?” the sheriff
asked quietly.
“No, sir, she walked down to her girl
friend’s house and I think went to church
with her.”
“Is she keeping company with’ anyone
now?”
Again the landlady shook her head.
“Not steady, no.”
After securing the name and address of
the girl friend, Sheriff Somers thanked
the lady and departed. At the house, the
sheriff was informed the girl could be
found at her job as bookkeeper in one of
the local hotels.
HIRTY minutes later, without even
interviewing the beauty operator, he
was virtually convinced she had had no
direct part in the shooting. The book-
keeper informed him that the girl had
not Jeft church until about 12:10, and the
two had _ strolled through town until
nearly 1 o’clock, when they had walked
home for dinner.
“And I know she would never have
anything to do with something as terrible
as murder,” the bookkeeper told the
sheriff in positive tones. “She was in love
with Wayne, yes, but she was sensible
enough to realize that women have been
jilted for centuries, and there’s little they
can do about it.”
Sheriff Somers regarded this quiet-
mannered intelligent girl for several
seconds, then nodded his head. “I guess
you’re right. We seem to have been
wasting a lot of time.”
Without a single bit of evidence to
incriminate the beauty operator, Sheriff
Somers shoved her far into the back-
ground—a move that immediately left him
without a suspect or lead of any sort.
eyes narrowed as he caught sight of the
small building. Beckoning to his depu-
ties, he plodded through the rain toward
the smokehouse.
Examination revealed two powder-
burned, scarred logs, about waist-high,
which told the story. An exploded shot-
gun shell lying on the floor concluded it.
The phantom attacker had concealed
himself in the smokehouse, waited for his
prey, and then had blasted away.
Sheriff Somers kneeled and _ peered
through the crack in the logs. “He had
the chair lined up perfectly,” he told the
others grimly. “He couldn't miss. At that
distance it’s a wonder the women didn't
get part of the load.”
Deputy Turner examined the shell and
saw that it was a Remington Super X.
“Looks like it would fit a twenty-gauge
gun,” he remarked.
Sheriff Somers rose and peered at the
shell. “It’s a twenty, all right,” he said.
The deputies made a careful examina-
tion of the smokehouse but found nothing
else of consequence. However, Sheriff
Somers pocketed the shell with a feeling
of satisfaction that almost made up for
his disappointment and anger at the
elements. It was certain that the heavy |
shower had completely obliterated any, ys ; 2 |
possible footprints leading from the ba ; ae ee a oe
smokehouse. Deputies Turner and Pur- Ree ” d - s ~ &
due quickly confirmed his belief after a |
careful search around the building.
Receiving word from the hospital that
Norman’s body had been riddled with the
deadly pellets, and that his death was a ie
matter of hours, Sheriff Somers raced 4 , a
back into Wilkesboro. ..*
But again Wayne Norman could only
utter weakly, “I don’t know a soul who
could want to kill me. I didn’t have any
arguments with anyone. I just don't
know ” His voice trailed off.
Norman’s pretty wife, a bride of
only six months, could only echo her
dying husband’s puzzlement. Every-
:
g ie derer anned his :
pursui €Pushed harinlonaly,
: to his aid when rain ob
was trapped by &
Sheriff W. B. Somers, circle, of Wilkes county,
N. C., followed the trail of a stiff-legged killer
until he cracked the amazing case. At left,
Deputy Sheriff Felix Lawrence points to the
opening between the smokehouse logs which
served the shotgun assassin as a peephole.
STARTLING DETECTIVE
. Ape rab ty
body liked Wayne, she told the sheriff.
He had quarreled with no one. Why
would anyone want to kill him?
Sheriff Somers also wanted to know
the answer to that question. His deputies,
ordered to the task of scouring the vi-
cinity for any possible witnesses who had
seen the fleeing killer, reported dismal
results. No one had noticed a man—or
woman—acting suspiciously before or
after the shooting.
After several more hours had been
spent in a search for witnesses, the sheriff
concluded that the slayer had planned his
steps well, carefully avoiding suspicion
in his flight from the scene.
UT how could he have done it ? It was
certain that the assassin had used a
20-gauge shotgun. The weapon had not
been found anywhere near the scene,
although fields and woods had been
searched thoroughly. Therefore, it was
logical to assume that the murderer had
fled the scene still carrying the gun. A
man carrying a shotgun on a Sunday
afternoon in the middle of June was cer-
tain to attract attention.
Yet the deputies had been unable to
learn of any person having been seen
walking or running with a shotgun under
his arm. Moreover, the officers definitely
established that no one had driven into
the narrow dirt road which winds to Nor-
man’s farm that morning. The two fami-
lies who lived near the entrance to the
road were positive of that fact. The
officers placed full confidence in the testi-
mony of these people, knowing well that
ADVENTURES
farm folk will notice any car that comes
along an infrequently traveled road.
“Of course, he could have struck
through those woods for three miles and
hit the highway,” said the sheriff. “But
they’re plenty boggy and I doubt if he’d
take the chance of getting muddied up
or tearing his clothes. He probably knew
that would be a dead give away.”
“Well, if he fled on foot, why didn’t
someone notice him? After all, a twenty-
gauge is no popgun,” said Deputy Turner.
Sheriff Somers frankly admitted the
phantom attacker had him stumped.
“We'll have to start at the beginning.
We've got to find someone mad enough
at Wayne Norman to want to murder
him,” he said. “Right now there’s not a
soul on the horizon who can fit that niche.
Turner, you and Purdue dig into the
background of the wife. They’ve been
married only six months. Find out if she
had any other suitors before she married
Norman, everything about them. Garnet
and I will investigate the husband, and
the shell. It looks pretty new. Maybe we'll
strike something in town.”
The sheriff and his deputies set to work,
putting hours of hard, painstaking inves-
tigation into the strange case. It became
a murder case at 4 o’clock Monday after-
noon, when Wayne Norman died.
At 9 o’clock that night the officers met
in Sheriff Somers’ office at the courthouse
to compare notes and pool their informa-
tion. The sheriff immediately confessed
that none of the hardware merchants in
Wilkesboro or North Wilkesboro who
carried Remington shells had been able to
give him a promising clue. “But here’s
what I’ve learned about Norman. It opens
up plenty of avenues. Norman was thirty-
six years old. He married Joyce Stone,
twenty years his junior, after courting
her for about six months. Whether he
was actually in love I don’t know.”
“He was, sheriff. I’ve found out enough
to convince me of that,” said Turner, his
voice firm with conviction.
Sheriff Somers leaned forward in his
chair. “Perhaps he was. I was going to
express a doubt for this reason. Prior to
his courtship of the young girl, Wayne
Norman had achieved a reputation as a
popular beau. He was a_ well-known
figure at Saturday night dances. Now,
during his courtship—and few seemed to
know that he was interested in Joyce
Stone—he was seen: several times with a
[Continued on page 54]
37
Around 3 o'clock that afternoon Deputy
Turner sped up to the courthouse, seek-
ing the sheriff and finally found him in
town checking once more the lone clue
of the exploded shell.
“Come on, Sheriff, I want to show you
something,” said Turner excitedly. “And
get a photographer.”
Ten minutes later, having picked up a
Wilkesboro photographer, Turner tooled
his car into the Spacious farm of Col.
Charles -Goforth, a neighbor of the slain
man. In a distant field stood the colonel,
watching the group approach.
“Sheriff, I think we’ve found something
here,” he called, pointing:at the ground.
Sheriff Somers stooped forward. Clearly
outlined in the soft dirt was the print of
a large foot, with the perfect outline of a
heel. “Look at those little holes,” said the
colonel. “They were made by new nails
in the heel. You can see they’re clear,
and square. I have two men working for
me, but neither has heels like. that. Be-
sides, this is an abandoned beet patch,
and neither one of them recall having
walked in here since Sunday. There's
Wayne Norman’s house, due west, sep-
arated from here only by that stretch of
woods. Whoever shot Wayne, very likely
would have ducked toward that belt of
trees, then hit it across this field toward
the old Siler road. In short, Sheriff, I'd
bet my last mule this is the track of the
man who murdered Wayne Norman!”
Sheriff Somers quickly recalled the
heavy shower that had begun within
minutes after their arrival at the crime
scene. This track obviously had been
made after the shower. The exceedingly
clear imprints proved that. He pointed
this fact out to Colonel Goforth.
“Then he must have hid in the woods
until he was sure he wouldn’t be noticed,”
countered the colonel. ‘He _ probably
reasoned that the shot would make every-
one sit up in this vicinity, and it would be
better to lay low until there was enough
confusion for him to slip away.”
Sheriff Somers nodded to the photog-
raphers, who immediately began photo-
graphing the footprint. Following the
track, the sheriff noticed that after about
100 yards it became lost in a field covered
with brush grass.
“The track certainly heads toward the
Siler road,” murmured Deputy Turner.
“We can’t afford to let it slip. It may be
a dud, and it may be a clue to our killer.
I’d say the colonel makes a pretty good
detective.”
The sheriff returned to Wilkesboro
with the photographer. A large photo of
the footprint was rushed through. Depu-
ties Arthur Holland and Felix Lawrence
were each ordered to take a copy and
canvass all repair shops in Wilkesboro
and adjoining North Wilkesboro. “If you
find someone who recognizes the heel as
their job, get word to me as quickly as
you can. I’ll be over on Siler road,”
Somers directed.
Accompanied by Deputy Turner, the
sheriff returned to the crime area. “The
fact that those tracks were made after the
rain, makes me think the killer pulled one
over on us,” said Somers, his face set in
a frown.
“How's that?” Turner asked.
“IT think he was smart enough to hide
in those woods for a long time, several
hours in fact. All right, we’ve asked a lot
of people around here if they saw anyone
fleeing along the road right after the
shooting. None of them did. But suppose
he waited until several hours had elapsed?
Then he could come out, walk along free
and easy, and no one would pay any at-
tention to him. He’d probably be the fifth,
tenth or fifteenth person to come along
the road that evening, and he probably
knew it.
“We're going to question those people
again and find out the name of every
person they saw walk along that road
until nightfall. Then we'll start digging
through the names. That’s our only
chance.”
“How about the heel in that track?” re-
minded Turner.
“We'll keep it in mind, but the way
those nails ranged around the heel looked
like the job of an amateur, not an expert.
If that’s the case, then we can just about
kiss that clue goodbye.”
In two hours of questioning, the sheriff
and his aide accumulated the names of
eight men and three women who had been
seen walking along the road during the
afternoon of the murder. “Well, that's
about the least likely bunch we could have
gotten,” observed Turner, scanning the
list. “They all have good reputations. It’s
going to be just like investigating your
own son.”
“I’d investigate my own son if it meant
finding the killer of Wayne Norman,” re-
turned the sheriff grimly. He started his
car and the work of questioning roadside
residents went on.
Three houses farther on, the officers
talked to a farmer who had something
interesting to offer. “I wasn't feeling well
all day Sunday and didn’t budge out of
the house until late in the evening,” the
man said. “I saw only one person pass
by.”
“Who was that?”
“Bryant Stone, Joyce Norman’s father.
I was talking in the yard with a friend
when Stone came walking up. I noticed
him walking stiff-legged, and asked him
if he had hurt his foot. He said he twisted
it while helping you search the woods for
the man who shot Norman. He asked if I
had a drink because the pain was pretty
bad. I told him I didn’t have any whisky
but I invited him in to rest awhile. He
said his wife was pretty upset by the kill-
ing, and that he’d better get back home.”
“What time did he come by?” asked the
sheriff.
“Oh, I guess it was around six o'clock.”
“Were his clothes wet?”
The man nodded. ‘Yeah, they were.”
Turner noticed the sheriff stiffen and saw
him stare expressionlessly into space.
Then the sheriff thanked the man and
walked rapidly back toward the car.
“Come on, Pete, I smell a lead,” said the
sheriff crisply as he bore down on the
starter of the car. .
“T noticed you jump back there, Sheriff.
What’s up?”
“I’m seeing a little daylight. If it gets
a little clearer, it'll shake this county into
wakefulness for a year. I think I know
the man who killed Wayne Norman.”
Deputy Turner halted in the act of
mopping his perspiring face. “Who is
that?” he asked slowly.
“Bryant Stone—the girl’s father
The deputy jerked as if someone had
punched him in the back. “Stone! Why in
iad
“What a start, Chief! We’ve rounded up all the guys who couldn’t have done it!”
56
the world would he want to kill Norman?”
“T have an idea, but that can wait.
Bryant Stone wasn't walking stiff-legged
because: he had hurt his foot. He lied
when he said he helped us hunt for the
killer. I never saw him until that night.
He walked stiff-legged because he was
carrying a shotgun in the leg of his pants!
That's probably the reason why no one
saw a man going to or away from the
scene carrying a shotgun.”
At the courthouse, Deputies Holland
and Lawrence awaited his return. “We
checked every shoe repair shop. There
wasn’t even a nibble. Most of them said
it looked like a homemade job,” Holland
reported.
“I’m not surprised,” returned the sheriff
shortly. He turned to Deputy Pendry.
“Garnet, you're a pretty good friend of
Bryant Stone’s, aren’t you?”
The deputy nodded. “I’ve known him
for a long time, Sheriff.”
“Fine. I’ll tell you something. Bryant
Stone, I believe, is the man who killed
Wayne Norman.” The sheriff paused for
a moment, weighing his own words, and
then continued.
“Now, there's always a chance that |
can be dead wrong, and that Bryant Stone
is perfectly innocent. That looks like I'm
crawling on my convictions, but there’s
always a chance of error. One thing can
prove his guilt—the shoes with the new
heels. Garnet, I want you to drop over to
Stone’s house, as if you were on a social
visit. Chat about the case. Tell him we're
completely stumped. But the main thing
is to observe his shoes, particularly the
heels. I know it might be tough and you
might be embarrassed, but we’re after the
killer. And see if you can draw him out on
the subject of a shotgun. Say the hunting
season will be here before you know it.
Tell him you’ve got a gun you'd like to
sell, cheap. I'll leave the rest to you. Re-
port back as soon as you can.”
EETHING with impatience, Somers
sat down to await Pendry’s return.
One hour*passed, then another. Finally
he heard the low whine of car brakes near
the opened window, then the heavy steps
of the deputy entering the corridor.
Pendry strolled into the office, shook
his head once in eloquent admission of
complete failure. ‘I did everything I
could, Sheriff,” he said. Stone had on a
pair of slippers with rubber heels. We got
around to the subject of shotguns, and he
said he had sold his for ten dollars Satur-
day, two weeks ago, and that he might be
interested in mine. If he’s telling the truth,
then he was without a gun for a little over
a week before the murder.”
“How did he act?”
“Calm, friendly, and without a sign of
nervousness. Even remarked he certainly
hoped we would soon find the man who
killed Wayne. Said there was no excuse
for a murder like that, and that whoever
did it must have had plenty of nerve to
shoot him in broad daylight.”
Sheriff Somers drummed his fingers
nervously on the scarred desk as he
plunged deep in thought. ‘Well, we’ve got
to come out into the open. Either he’s in-
nocent or he’s dead guilty. I’ll get a search
warrant in the morning. Did he make any ©
mention about the track Colonel Goforth
had found on his farm?”
Pendry nodded. “Yes, sir, he thought it
was a good clue. Said it was the best way
to trap a killer, and told me several cases
which -he remembered reading, where the
murderer was trapped by his footprint.”
2 -omrven.
ae amnme neen.
Somers nodded his head slowly, a thin
smile playing about the corners of his
lips. Then he said, “Okay, boys, let’s get
some rest. Tomorrow morning we'll head
for Stone’s house and do some rummag-
ing.
It was barely after 8 a. m., the following
day when Sheriff Somers, Deputies Tur-
ner, Holland, Lawrence and Pendry ap-
peared at the home of Bryant Stone.
Stone, his face cold and expressionless,
curtly invited the officers to “search their
heads off.’ They moved into his bedroom.
There was no sign of the shoes with the
incriminating heels. A pair of shoes under
the bed and one pair in the closet, bore
rubber heels. Nor was there a gun any-
where in the room.
Deputies Turner and Lawrence came
into the bedroom to report that no shot-
gun could be found anywhere in the house.
“Anything here?” they asked.
The sheriff shook his head.
“How about that little trunk over in
the corner? Is it locked?” queried Turner.
“It’s locked all right. Call Stone up
here.”
The father-in-law of the slain man
strode into the room. Without speaking,
he opened the trunk. “Nothing but clothes
and some jewelry in here,” he said tersely.
“Please don’t mess it up too much.”
“We'll try not to,” said the sheriff
mildly. Carefully he began going through
the garments, the boxes of letters, sheafs
of rolled-up paintings. The deputies saw
disappointment creep slowly across his
face. A second later he bent low over the
trunk. Slowly he drew out a couple of
green tobacco leaves.
“Don’t pull those out. I put them in for
the moths,” protested Stone.
Wee! answering him, Sheriff
Somers began tossing the leaves
out. Then he straightened up. The room
became deathly silent. In his hands he
held the parts of a shotgun.
“Is this your gun, Mr. Stone?” asked
the sheriff softly.
“Yes, it is,’ acknowledged Stone easily.
“But didn’t you say you sold your gun
about two Saturdays ago to a man for ten
dollars?”
“That I did, right in front of Dr.
Somers’ house.”
“Who was the man?”
“T don’t know his name. He was a
stranger to me.”
“Why did you take this gun apart and
put it under those tobacco leaves?”
“It’s a defective gun. I had completely
forgotten about it. The leaves were for
the clothes.”
Sheriff Somers leaned over the trunk
again, reached into it and brought forth a
box. Deliberately he juggled two red
shells in the palm of his hand. “For a
20-gauge gun,” he said slowly. “Number
one shot, the same size|taken from the
body of the dead man. M¥& Stone, I arrest
you for the murder of ¥bur son-in-law,
Wayne Norman!”’
News of the arrest of Bryant Stone for
the murder of Norman swept over the
town like wildfire. Even while the sheriff
and his aides conducted their questioning
of the accused man, a huge throng milled
around the courthouse, avidly waiting to
observe and hear what they could.
But Bryant Stone, his face hard and
jagged as a piece of granite, coldly in-
sisted that he had had nothing to do with
the murder of Norman. In the face of the
evidence of the 20-gauge gun and the
identical shells, he coolly maintained his
innocence.
“These are enough to convict you, Mr.
Stone,” the sheriff told him, “and we're
going to find those shoes of yours with
the new heels that you put on yourself.
You. knew that was one of our best clues,
just as you told Deputy Pendry, and you
managed to hide the shoes somewhere,
just as you did the gun. But we found the
gun, and if it’s humanly possible, we're
going to find the shoes. We know why
you killed Norman—from sheer hatred
that you managed to conceal for eight
months. You never did forgive him for
marrying your daughter, and the fact that
you heard a rumor that Wayne had been
intimate with your daughter in the pine
woods where they met, didn’t help mat-
ters.” Stone’s eyes began to gleam with
a curious light. The sheriff noted it, bore
down on this point:
“Yes, Mr. Stone, I found a witness who
told me you swore to fix Norman when
you heard the rumor. I don’t doubt one bit
but that your daughter was innocent of
that pernicious slander. She was in love
with Wayne Norman, genuinely in love
with him, but you thought he had be-
witched her and was taking advantage of
her. You knew that people would suspect
you if you harmed Norman right after
the marriage. So you waited, week after
week, month after month, until you
thought the time was ripe. Then you
killed him. You were patient and you
planned your moves well. But there is a
fate that interrupts the best plans of the
cleverest murders. Within a short while
after the murder it began raining. Some-
where, hiding in the woods until you could
escape unnoticed, you became soaking
wet. When you finally came out, late in
the evening, you hid the gun in the left leg
of your overalls, holding it with your left
hand. You began walking toward your
home. You met two men who noticed you
walking stiff-legged. You told them you
had hurt your foot helping us hunt the
murderer. That was a lie. You didn’t get
to the scene until after nightfall. And both
men who saw you remembered that your
clothes were soaking wet! The only way
you could have become wet was by being
in the woods somewhere, because we
were Carrying on an investigation in the
smokehouse during the shower! I don't
care whether you confess to the crime or
not. Any jury in the world will convict
you on that evidence,” concluded the
sheriff grimly.
Two months later, on Aug. 15, 1932, the
iron-visaged killer was brought to trial
before Judge C. P. Cowper in the Wilkes
county superior court.
Twenty-three state witnesses built a
wall of convincing circumstantial evi-
dence around the prisoner. All struck hard
with their damaging testimony. Despite
the fact that county officials had failed to
find the shoes, Col. Goforth’s testimony
of the “heels with the new nails,” leading
across his land away from the Norman
farm, made a marked impression on the
jury.
Late in the evening of Friday, Aug. 19,
the jury retired to consider the fate of the
accused man. The huge throng waited for
nearly three hours without stirring from
the room. Then the jury filed in. Minutes
later they had pronounced fateful words:
“Guilty of murder in the first degree.”
Judge Cowper bade the convicted man
arise. Speaking slowly, he sentenced the
expressionless killer to death by electro-
cution on Oct. 28, between dawn and sun-
set.
On the appointed day a last-hour re-
prieve saved Stone from marching into
the little gray room. Then for nearly a
year his attorneys waged a battle to save
him from the extreme penalty. It was a
futile fight. On Sept. 8, 1933, the convicted
slayer, his face set in hard, unrepentant
lines, died in the electric chair at Raleigh’s
central prison.
- Fett ne
- yf -
‘
BRONX RIDE VICTIM
Police were mystified when the body of this youth, shot through the back of the head,
was found in a New York residential district. The death gun was on the rear floor.
The victim’s hair had been dyed. He was identified as Andrew “Fats” Smilek, petty
hoodlum. Smilek had a long record and was a suspect in several robberies.
57
emt ad
ome
STONE, Bryant
CASE om LIMPING |
By J. U. NEWMAN
EW things can compare with
the beauty of the mountains
in early June. But Sheriff W.
B. Somers of Wilkes County,
North Carolina, and his depu-
ties, Paris Turner, Garnet Pend-
ry and Moody Purdue paid lit-
tie attention to Nature's new
green dress as they drove swift-
ly towards King Fire Mountain,
close behind an ambulance from
North Wilkesboro.
If they thought of, or noticed
the scenery at all, it was to
reflect that murder seemed
strangely out of place in such
a beautiful setting.
Deputy Turner broke a long
silence. "What's the trouble up
this way, Sheriff?"
“As near as | could get it from |
an excited person talking on the
telephone, someone shot Wayne
Norman."
“Wayne Norman, did you say?”
broke in Deputy Pendry. “Why, I
know him well. Young farmer up
in this section. Who did it?”
Somers shrugged. “My informant
didn’t know. Said Norman was not
dead, so I sent the ambulance on
ahead.”
As he spoke they came in sight
of a small farmhouse before which
a crowd was gathered. Somers
noted with annoyance that they
were milling aimlessly about the
yard.
“Won’t people ever learn not to
do that,” He growled, “walking all
over the place, stamping out what
might be valuable clues.”
Before going into the yard the
sheriff told his deputies to keep
the crowd from moving ‘about. He
then joined the white-coated am-
bulance men as they prepared to
move a blood-covered form from
the porch of the house. In answer
to the sheriff’s silent question an
interne shook his head.
“Not a chance for him, Sheriff.
Shots entered his face, neck and
chest. Seems to have scattered.”
To the sheriff’s trained mind
scattered shot meant distance. The
farther a man stood from his tar-
get the more the shots scattered.
“Did the shots enter front, right
or left?”
26
“Right, I am sure. We’ll let you
know more later.”
‘Quickly, efficiently, the ambu-
lance men loaded their burden on
a stretcher, placed it in the ambu-
lance and roared away to North
Wilkesboro, twelve miles distant.
Noting that his men were keeping
the crowd well in hand, the sheriff
approached a group of women who
were trying to calm a sobbing girl.
She looked up as Somers gently
touched her arm. Although her
eyes were red and swollen she was
a strikingly pretty girl, hardly more
than sixteen years old.
“Can you tell me what happen-
ed, Mrs. Norman?”
With an effort the girl controlled
herself. “I—-we were sitting on the
front porch, talking. Suddenly
there was a shot and Wayne fell
out of his chair. His f—face was
all b—bloody,” she started weep-
ing again, and sobs shook her
slight frame.
“Tm sorry, Mrs. Norman, but
please try to tell me about it.”
A young girl; her arm about the
prostrate young wife, spoke up. “I
think I can tell you what you want
to know, Sheriff. I was one of those
on the porch. Poor Joyce has had
about all she ean stand.”
Sheriff Somers led the girl aside,
asking some of the women to see
that Mrs. Norman was put to bed
and given proper care.
The girl, whose name was Jane,
proved very intelligent. In answer
to the sheriff’s questions she said
that she, Joyce Norman and Mary,
her other girl friend, had been sit-
ting on the porch talking with
Wayne Norman. They had been to
church and had just. returned.
“Mary and I stopped to cool off
a few minutes before going on to
our own homes down the road.
Wayne and Joyce were teasing each
other and Mary and I listened in
amusement. You see, they had only
been married six months and were
very much in love.”
“Did Wayne accompany you girls
to church?”
“No, he said he was tired and
wanted to rest.”
Somers digested this information.
There was a possibility that Nor-
man had had a visitor while his
wife was away—a visitor with
whom he had quarreled. But in
that case why had the visitor wait-
ed until the girls’ return before fir-
ing the shot?
“Did Wayne have any trouble?
Any enemies that you know of?”
‘ She hesitated for several seconds.
(Continued on page 39)
(Above) WAYNE
NORMAN: There
were many who
would have en-.
joyed giving him
a terrific beating.
(Left) MYSTERY
MAN: His arrest
caused a sensa-
tion among his
neighbors who
had always
thought of him as
a stern man, but
never asa killer,
CONFIDENTIAL DETE
hd LORIN che tobe EMeodead
e of the women to see
Yorman was put to bed
oroper care,
whose name Was Jane,
intelligent. In ‘answer
iff’s questions she Said
yce Norman and Mary,
rl friend, had been sit-
2 porch talking with
lan. They had been to
had just returned,
! I stopped to cool off
‘es before going on to
mes down the road.
oyce were teasing each
ary and I listened in
You see, they had only
six months and were
1 love.”
> accompany you girls —
id he was tired and
Sh ;
sted this information.
Possibility that Nor-
1 a visitor while his
vay—a visitor with
ad quarreled. But in
had the visitor wait-
rls’ return before fir-
have any trouble?
lat you know of?”
1 for several] seconds.
On page 39)
(Above) WAYNE
NORMAN: There
were many who
would have en-.
joyed giving him
4 terrific beating,
(Left) MYSTERY
M
: His arrest.
caused a sensa-
tion among his
neighbors who.
ad always
thought of him as
@ stern man, but
never as a killer,
Had _ someone,
driven by jeal-.
ousy, followed
the young couple :
. to their trysting
: place... spied
+\"on them with
‘murder in his.
heart?
Specially “posed.
“THE HANDSOME Vic-™
TIM'S WHIRLWIND.
COURTSHIP STARTEQ ,
“+ » WHICH WAS A.
FOR THE
<
ae 28
Gi
GL a
TONGUES Ne ONS ee
4
slipped in there before it was light
this morning. In that case will
somebody please tell me why he
waited so long to shoot? For that
matter, why didn’t he shoot while
Norman was at home alone, instead
of waiting until his wife and her
friends could witness it?”
“I'd thought the same thing,
Paris, and the only conclusion I can
reach is that the thing was a jeal-
ousy or revenge shooting. Say a jeal-
ous suitor did it. Isn’t it likely he
would want to do it in full view of
the girl who rejected him?”
“Or he might even have wanted
to hit her, too. She was standing
right beside him.”
“What I was going to suggest is
that everything points to a jealousy
motive. We’ve no real clue and this
is our best bet. We’ll check into
their private lives, both before and
after they were married. Particu-
larly we want to know the name
of the woman whom Norman was
said to be engaged to before he
married Joyce.”
“I think,” Purdue said slowly;
“that this assailant was a local
man, a native. Else how would he
have known the smokehouse af-
forded a full view of the porch?
How would he have known that
Joyce would be at church and
when she would return?”
Somers agreed. “Let’s get to
work. We’ll work faster in pairs,
and there’s lots of ground to cover.
Turner, you and Pendry go over
to see Joyce’s parents and relatives.
Find out who Joyce went with, and
if she had a jealous boy friend.
Purdue and I will work on Nor-
man’s past.”
DEPUTIES TURNER and Pendry
left to carry out their assign-
ment. Joyce’s parents, Mr. and Mrs.
Bryant Stone, lived only a mile or
two from the Norman place.
Sheriff Somers and Deputy Pur-
due soon learned that Normari's
social activities were widely scat-
tered—all the way to North Wilkes-
boro. But they did learn the name
of a man who had been heard to
make repeated threats against
Wayne Norman. The man. was Au-
drey Emerson, an eccentric farmer
living five ‘or six miles from Nor-
man’s. It was dark when they
reached his home.
Emerson, a tall, dour looking
man, admitted them. Apparently,
he’d heard nothing of the attempt-
ed murder. Noting the whiskey jug
on the table, less than a fourth
full, the officers guessed that Emer-
son hadn’t been out of the house
for a few hours.
“What kind of shot gun do you
have?” Somers shot at him.
“Twenty gauge. Why?”
Somers ignored the question. “I
hear you didn’t like Wayne Nor-
man much.”
40
CONFIDENTIAL DETECTIVE CASES
“Darned right -I don’t. Why
should I like the man who treated
my sister like he did? He’ll pay for
it someday.”
“Where were you. around noon
today, Emerson?”
The. man's bloodshot eyes be-
came crafty, “Say, what you get-
ting at? Did somebody beat me to
it?” :
“That’s what we want to know.
Wayne Norman was shot at noon
today as he sat on his porch. Where
were you then?” © ‘ Pag
“Right here at home, and I can
prove it by four men who were
here drinking with me. I sure hated
’ the guy, Sheriff, but it wasn’t me
this time. He was a handsome devil
and women liked him. My Emma
wasn’t the only one. Husbands and
brothers don’t like his kind—if you
get what I mean.
“Listen. Wayne wasn’t courting
Joyce. I don’t know what you’d call
it. Old Bryant Stone would never
have stood for a man that old
courting his girl. So what do they
do? They meet in the woods, far
from prying eyes, that’s what.
Nothing good ever comes of that
sort of thing. When they got mar-
ried and Wayne settled down to a
hard working man and a.good hus-
band you could have slapped most
of us down with a feather. I guess
he fooled us all..Maybe they was
really in love. They sure acted like
it.
“I don’t hold that against: them.
If they was happy that’s fine. But
I can’t forgive or forget the way
he treated my sister—after court-
ing her for nearly two years. She
loved him and thought they were
going to get married. After he mar-
ried Joyce she left home and -I
ain’t seen or heard of her since.”
The man sounded sincere. Som-
ers talked with him further, while
Purdue checked his alibi. Half an
hour later Emerson was in the clear
for four men sworetthey were with
him in his home from eleven that
morning until mid-afternoon.
“Rumors, rumors, that’s all we’ve
got. But one thing stands out,
Moody. Everybody thinks it strange
that Wayne and Joyce married af-
ter such a brief courtship, if any.
That marriage, unless I miss my
guess, is the solution to this thing.”
Meanwhile, Turner and Pendry
were faring somewhat better. At
the home of Joyce’s parents they
found Mrs. Stone greatly upset
“ over the shooting of her son-in-
law. Her husband, she told the of-
ficers, was even then at the Nor-
man house trying to persuade his
daughter to come home but Joyce
had earlier insisted she was going
to North Wilkesboro to be near her
husband. :
“Wayne is a nice boy and we're
quite fond of. him,” she said in
answer to a question. “Of course
we were surprised and hurt when
she married him for he is twice
her age. But they seemed so happy
that we were happy for them.”
As they talked, Bryant Stone
came into the house. He limped
badly, sank into a chair with a
groan. Pendry, who knew him well,
inquired what was wrong and was
told that Stone, returning from his
daughter’s, had tripped over a pro-
truding tree root and hurt his knee.
He seemed to be in great pain but
insisted he was all right and would
doctor the knee later.
“Did Joyce have any boy friends’
in particular?”
“Well, yes,” Stone replied, a seri-
ous look on his stern face. “There
were several, but only one whom
she took seriously. He was so crazy
about her she had to take him
seriously.”
“Who was that?”
“Boy named Bill Powell, lives over
on the other side near the county
line. I think he took her marriage
pretty hard. At least we heard that
after she married Wayne, Bill lock-
ed himself in his room and refused
to see or speak to anybody for
nearly a week. He hasn’t been the
same since. Sulks around and fuss-
es with everybody. Before that he
was a quiet, sociable chap.”
Thanking the Stones and ex®£
pressing the wish that the wounded
knee would heal quickly the offi-
cers took their leave, to report toe
Sheriff Somers, who was now in
North Wilkesboro, for it was too
late’to do anything further at King
Fire Mountain.
DESPITE the lateness of the
hour the officers gathered in
‘the sheriff’s office to compare notes
and plan their next moves.
“I think we’d better talk with
this Bill Powell, but not tonight.
The roads over near the. county
line are too rough for night travel.
“T’ve got plenty of doubts, Sher-
iff. You know how some mountain
folks stick together. Well, even if
Powell is guilty we’ll never get it
out of him or his friends. They’ll
all swear he was anywhere in the
world but near Wayne Norman’s,”
“That’s true enough. What I plan.
to do first thing in the morning
is to make a house to house, farm
to farm canvass. There are plenty
of houses in that section and it is
impossible. for a man carrying a
gun to go any distance without
someone seeing him. Of course if
his friends saw him they won’t talk,
but after all, everybody is not ev
- erybody else’s friend, even mo.
taineers.”’
Turner agreed. “A man. couldn
hide a twenty gauge shot gun un-
der his coat, even if he was wearing
a coat in this hot weather—which
would make him even more con-
spicuous.”
jein the
was rig}
were, pr
“Wher:
“Hidde
somewhe
were hea
_ ‘Don’t
it, Garne
who wer
and tho:
That r
an hour.
checked
seen and
that the
among t}
cne of
known t
officers.
“Well,”
might as
Early in
new seari
and what
woods.”
Early t
June 13,
forced by -
and Arth
King Fire
“We've
Sheriff So
got is rurr
night son
leave the
be an imy
unseen.”
_ i
sibl
“Not at
sure, is t
must hav
associate
up to us
so that tt
son they
“Sherif
Come to ©
houses a
person m
place. On
Goforth
forth far
There ar
way.”
“That
Garnet. C
men whc
their nei:
they can
land, you
Powell a
will star
ple.”
Startir
head of
question:
commun
still was
had pas
after th
. Physically, he was
to spot; he had two
face, jet wavy hair,
d stare.
ate dragnet snared
seorge’s closest pals
that the wanted man
‘g at a midtown ho-
clerk told the detec-
had moved out a
» trail led to Phila-
‘zzled out before it
er way.
‘urino, talking with
ey who was working
¢ Bolan’s office, hap-
to mention he was
Big George. Carney
ee a picture of the
one, he ripped out
uy only yesterday,”
‘walking big as life '
et. He’s got a hang-
ening, Laurino and
ed warily in an ad-
saw the dapper,
°erno head for a
ce joint and nailed
quickly towards an
ut Leonard nailed
could make a
idence of Betty
eyed Leder, and
nd Connie, he con-
nurdered Mortillaro
to his sweetheart.
n,” he sneered, “the
it coming!”
*ver, was another
it coming, for on
vember, 1933, he
a Charge of sec-
er in the historic
urt and was sen-
_of twenty years
jing.
dleaded guilty to
ssault and was
‘ve years in Sing
at large.
the “chivalrous”
fellow knight in
er, had its tragic
‘S later. Margie
d out in luxuri-
and dressed in
as found sitting
room dead with
of picture wire
e
€ coroner’s ver-
Connie Royal
re fictitious to
ns embarrass-
“ATH
ici i SA a Nk
INSIDE FACTS FROM POLICE RECORDS
LONFIDENTIAL
“You'll have to ask some of the
men about that. All I know is ru-
mor, and that isn’t reliable.”
Somers made a mental note of.
this, also the girl’s hesitation. He
decided to let it pass for the pres-
ent. Right, now he wanted to know
more about the actual assault.
“Did either of you see or hear
anyone right after you heard the
shot? Or before that?”
“I’m positive there was no one,
unless he was very well hidden.
Immediately after seeing Wayne
fall both Mary and I screamed and
ran for help. I guess. our screams
brought the neighbors running.”
Somers thanked the girl, adding
that he would want her again in a
few minutes. Stepping outside he
ordered his deputies to talk with
the crowd and endeavor to learn
if any of them had seen anyone
on or near the Norman place before
or after the shooting.
“There ‘are several farmhouses.
nearby and the chances are that
someone saw the assailant either
enter or leave the premises. It isn’t
what you’d call an isolated spot.”
; ILE the deputies were carry-
ing out the assignment, Somers
again sought out Jane.
“Listen, I want you to show me,
as near aS you can remember, ex-
actly where each of you four were
when you heard the shot.”
This was quickly done.
“Ig that chair in the exact. spot
it was when Wayne was shot?”
Both Jane and Mary declared it
was. Sheriff Somers stepped off a
few paces and studied the scene,
particularly the chair. Suddenly he
turned and walked towards a small
smokehouse, approximately one
hundred yards from the house.
Standing before the smokehouse he
noted the porch was in full view,
that the man seated in the chair
offered a perfect target, especially
his right side.
Somers entered the smokghouse
and immediately saw his surmise
was correct. On the floor lay an
empty shell. Sniffing it he detected
the strong odor of burned powder.
It was a well known brand for a
twenty gauge shot gun.
Searching further he had the
satisfaction of double checking his
theory, for on one log, about waist
high, were powder burns.
“The assailant kneeled here,” he
mused aloud, “pointed the barrel
did not push the barrel through.
of his gun between the cracks, but:
CASE
OF THE LIMPING KILLER
(Continued from page 26)
He certainly couldn’t have gone far, |
carrying that twenty gauge shot-
gun, without somebody seeing him,
unless he went in a car. Maybe he
hid it around here.”
Going outside he called to Dep-
uty Pendry. “We’ll need the dogs,
Garnet.”
A few minutes later Pendry re-
turned with the two mournful
looking bloodhounds, which were
kept in a specially made pen in the
rear of the car. While Somers, Tur-
ner and Purdue searched for the
hidden shotgun Pendry deployed
his dogs. Almost at. once they
struck out at a- swift pace for a
dense woods half a mile distant.
Somers learned from Turner and
Purdue that not a single person
had seen anyone enter or leave the
Norman farmyard. Moreover, no
one recalled seeing or hearing a
car start in the vicinity.
“Well, he couldn’t have disap-
peared into thin air. The chances
are a hundred to one that he hid
that gun around Here. No one
would recall seeing a man. walking
along. the road, but one carrying a
shotgun, and on Sunday, would
have aroused plenty of suspicion.”
At this point fate stepped in. to
play on the side of the criminal.
Hardly had the dogs settled down
to work than one of those sudden
June thunder storms broke furi-
ously. Although he was not more
than two hundred yards from the
house Pendry was thoroughly soak-
ed before he could reach shelter.
Naturally, the trail was lost.
The downpour ended outside
work for the time being. Recalling
Jane’s. reluctance to speak of
Wayne Norman’s enemies, Somers
decided to do a little questioning
of the nearest neighbors. .
Like Jane, they were loathe to
’ talk. Somers understood that, for
people like to speak only good of
one who is dangerously ill or hurt.
. But he persisted and finally was
rewarded by finding a man whom
he knew as a most reputable farm-
er.
“Now understand, Sheriff, I ain’t
airing my own opinions. I’m only
repeating what is common talk
around here.”
Somers assured the farmer that
he understood.
“If you believe what they say,
Wayne. Norman had lots of en-
emies; lots of men would have en-
joyed taking a poke at him. You
see, he was a darned good looking
man, and full of life and fun. May-
be he wasn’t exactly wild, but he
played around with the women a
good deal, and you can’t do that
up here in the mountains without
causing hard feelings. We don’t
look at those affairs like people
in cities and towns do.
“Anyway, Wayne got around, as
they say. Women fell for him. He
was thirty-five or six years old and
he’d said plenty of times it was
time he married and settled down.
But he seemed in no hurry until
he married Joyce. That was plenty
quick and sudden. In fact, they
just up and got married without
even courting, I hear.”
“Rather unusual, wasn’t it, for
a man thirty-five to marry a girl
of fifteen or sixteen whom he had-
n’t courted?”
“More’n that. They say he prac-
tically left another girl at the altar
when he married Joyce.”
Although he didn’t greatly care
for this “they say” stuff, Somers
realized that it would bear looking
into.
Calling the hospital in North
Wilkesboro the sheriff learned from
Dr. F. C. Hubbard that Norman was
sinking fast.
“He regained consciousness for a
moment, Sheriff; long enough for
me to ask him if he knew who shot
him. His reply was that he hadn’t
the faintest idea.”
No help there. Somers called his
deputies and together they sifted
through the mass of rumors, seek-
ing some real meat into which they
could figuratively sink their teeth.
They had consumed a good deal
of time in questioning neighbors
and searching for the shotgun.
Darkness was not far off and farm
people retire early. |
“It'll be too dark to do any
good,” Pendry growled, still sore
because the rain had prevented his
dogs from finding a trail, “but the
dogs were headed straight for those
woods and I’ll bet dollars to pen-
nies that’s where our man went.”
“Likely enough, Garnet, but you
know we'd never find his trail in
those woods—without the dogs.
However, if nothing else turns up
we'll have a go at the woods in the
morning.”
“Look, Sheriff,’ Turner said
thoughtfully, “there are houses all
around, and those three girls com-
ing from church would have been
sure to see anybody going into the
- gsmokehouse. That means that the
fellow had been hiding in there for
some time. He might even have
39
through the woods to the Siler
Road, about three and a half miles
away, would probably walk across
that field. It’s hidden from my
house.”
Trained manhunter that he was,
Sheriff Somers knew when he had
a real scent to follow. In the Go-
forth field they succeeded in find-
ing one clear print, three that were
not so clear. But the thing that
interested Sheriff Somers most was
the fact that all four prints were
filed with water.
“That means,” he said exultant-
ly, ‘that we were right in our sur-
mise that the fellow hid in the
woods. For these prints were made
after the thunder shower, else they
wouldn’t have water in them.
Water could not have seeped into
these prints—not in this particular
kind of sand clay.”
Sure they were on the right track
the officers pressed on through the
woods. At a medium sized, big bark-
ed pine they stopped. =
“Don’t know whether it’s true or’
not,” Turner said, pointing to the
base of the pine tree, “but neigh-
bors tell me this is the place Wayne
and Joyce used to meet.”
“Common knowledge, wasn’t it?
I mean about those meetings.”
“Seems as if everybody in the
hills except Joyce’s parents knew
about it.”
Pushing on towards the Siler
Road the officers stopped at every
house along the way and asked the
occupants who had passed along
the road the previous .afternoon
and evening. As in most cases
among farm people who normally
live rather dull lives, every passing
person is an object of interest, and
not soon forgotten. Somers and his
deputies split into pairs in order
to work. faster, and they jotted
down the names of every person
who had passed the evening be-
fore.
Of all the names collected not
one of them carried a shotgun. But
Somers hardly expected that. The
gun, perhaps, was still hidden
somewhere, or had been taken
apart and carried under the as-
Sailant’s clothes.
AFTERNOON came, and with it
word that Wayne Norman was
dead. It was a murder case now
and Somers did not have to urge
his men to greater effort. They were
eager to catch the cowardly killer.
It had been agreed that the of-
ficers, after questioning all the in-
habitants between Goforth’s and
the old Siler Road, and on both
sides of the road for a distance
of two miles, should meet in North
Wilkesboro to pool their findings
and plan what to do next. When
Sheriff Somers and Pendry arrived
late that afternoon all the others
were waiting. With them was a
sturdily built lad of about twenty.
42
CONFIDENTIAL DETECTIVE CASES
Contrary to Bryant Stone’s de-
scription the boy was frank and
friendly.
Somers took the boy to his office,
for questioning.
“Your name’s Bill Powell?” At
the boy’s nod Somers went on. “You
were in love with Joyce Norman,
weren’t you?”
“I was and am. I’ve loved Joyce
ever since I can remember. And I
think she loved me, too, until
Wayne Norman came along. He
was older, and had been around. I
think, or rather, I thought it wees
because he was so much older and
sophisticated that Joyce fell -for-.
him.”
“You say you thought? Have you
changed your mind?”
“Well, yes, sir, in a way. At first
I thought he was fooling her. You
know what I mean. What would a
sophisticated man like him see in
a young girl? But after they had
been married a while I had to
change my mind. I think he loved
her, and I know she was a good
wife to him. She almost worshipped
him.”
“How did you get along with
Joyce’s parents?” Sheriff Somers
studied the young fellow’s face co-
‘ vertly as he asked the question. He
was rewarded by seeing a dull flush
spread over Powell’s face.
“Mrs. Stone is swell. I think lots
of her. But Mr. Stone—” Young
Powell closed his lips tightly, his
eyes stormy. .
“Why didn’t you like him, Bill?”
But the young man would not
say. It was plain that he disliked
Stone intensely.
Sheriff Somers tried another
tack. “They tell me you locked
yourself in for a week after Joyce
got married.”
“Baloney! Sheriff, it did hit me
rather hard, but there had never
been any definite understanding
between Joyce and me. We were
both too young to think of mar-
riage, I thought. But I did love her,
even if she didn’t know it.”
“Do you own a shotgun, Bill?”
“No, sir.” .
“I’m not. going to hold you, son,”
Somers said after a pause, “but I
want you to stick around town for
a while. I may need you later. Be-
sides, we’ll have to check on you,
of course.”
Anticipating that, Bill Powell had
brought his parents and two neigh-
bors with him. Their testimony
soon cleared the boy, but Somers
repeated his instructions to stick
around, which Powell. readily
agreed to do.
Before the officers could get to-
gether in the sheriff's office anoth-
er incident came up..A tall, superb-
ly built young. woman of about
thirty walked into the office.
“Sheriff, I’m Emma Emerson and
I’ve just been talking with my
brother. He’s—well, let’s say he has
some starnge notions sometimes. I
just want to tell you that it was
purely coincidental that I left here
about the time Wayne married.
Frankly, I couldn’t stand the drink-
ing and crazy ways of my brother.
I had arranged to work in Win-
ston-Salem. In fact, Wayne helped
me get the job, but I knew my
brother would follow and try to
make me come back, so I didn’t tell
him where I was. Wayne was a
good friend, but there was never
anything of a serious nature be-
-tween.us. I was very fond of him
and when I read in the papers he
had been shot I came at once to
try to see him. He died before I
‘got here.”
The officers listened attentively
to this story and not one of them
could doubt it. Somers thanked the
woman and assured her that he
had not taken her brother’s story
too seriously. When she had gone
he turned to the others.
“And I meant that. I think I
know who killed Wayne Norman,
but first let’s put all our cards on
the table and see how they add
up.”
It was an hour later before they
stood up, grim determination on
every face. Farmers work long,
hard hours in June and usually
_Tetire very early. Although it was
nearly ten o’clock, and most farm-
ers would be in bed, the officers
prepared for a night’s work. For
as Sheriff Somers said: “I’m rea-
sonably sure of our man, but I’m
going to personally talk with all
those people again and if the story
holds up we'll end this case be-
fore morning.” .
So once again the officers went
over the Siler Road trail. Once
again they talked with people liv-
ing along the road. At one place
they asked a fifteen-year-old boy:
“You are positive he was not limp-
ing when you saw him?”
“Ym dead sure,” answered the
boy..
Two hundred yards further on
they awoke a reputable farmer,
known for his strict adherence to
the truth.
“Are you positive he was limping
when he passed your home?”
“Not only that but I stopped him
and asked him what was the mat-
ter.”
“And his reply?”
“Was that he hurt his knee help-
ing you officers hunt for the killer
of his son-in-law, Wayne Norman.”
So, Sheriff Somers thought grim-
ly, it was Bryant Stone! The stern,
supposedly upright father of Mrs.
Wayne Norman. For hours he had
suspected the man but until he and
his deputies had met and compared
notes he wasn’t sure of it.
{
Fron
er-7
le;
hi
few da
was a:
and e\
It had
found
knew
person
knew 1
these 1
convin:
Ston:
ped ov
his kr
leaving
the fif
Bryant
saw hi
one wh
asked ;
somewl
two hu
posed :
the off
inch of
even ar
“Ston
Somers
ing his
the ban
alls. Ti
limp. H:
notice
have sc
other |
en peo}
and al
was lin
n’t try
walkin;
Fy
th
th
home.”
Mear
were |
sheriff
ing the
let do
that se
stock i)
- these |
sure tr
investi;
dark a
hiding
Sure
out nm
around
up the
his ho
a limp
FAR
She
er and
of Bry:
time iy
a@ war)
Any o
“Sea
Stone
realize:
he ac
ised and hurt when
im for he is twice
‘ey seemed so happy
lappy for them.”
ked, Bryant Stone
house. He limped
to a chair with a
who knew him well,
Was wrong and was
returning from his
tripped over a pro-
t and hurt his knee.
é in great pain but
all right and would
: later.
‘ve any boy friends
one replied, a seri-
stern face. “There
it only one whom
y. He was so crazy
had to take him
t?”
ll Powell, lives over
© near the county
took her marriage
sast we heard that
Wayne, Bill lock-
room and refused
to anybody for
isn’t been the
und and fuss-
efore that he
able chap.”
Stones and exe
that the wounded
quickly the offi-
‘ave, to report tm
vho was now in
, for it was too
g further at King
lateness of the
‘ers gathered in
to compare notes
ext moves.
better talk with
Sut not tonight.
lear the. county
for night travel.
of doubts, Sher-
some mountain
or. Well, even if
ell never get it
friends. They’ll
inywhere in the
iyne Norman’s.”
‘gh. What I plan.
in the morning
to house, farm
here are plenty
ection and it is
1an carrying a
Stance without
no. Of course if
they won’t talk,
dody is not ev
d, even mo
\ man couldn
ot gun un-
vas wearing
hher—which
ven more con-
INSIDE FACTS FROM POLICE RECORDS
“Sheriff, I believe the fellow has
fooled us,” Pendry said. “I believe
he didn’t run away at all, but cir-
cled the house and came back to
join the crowd already there. He
was right there all the time we
were, probably laughing at us.”
“Where, then, was his gun?”
“Hidden out there in those woods
somewhere. That’s where. the dogs
were heading for.”
, “Don’t know but what you’ve hit
it, Garnet. Let’s check over the men
who wers there when we arrived,
and those who came later.”
That réquired the better part of
an hour. One by one the officers
checked over every man they had
seen and were forced to conclude
that the chances their man was
among them was very slim. Every
one of those farmers was well
known to one or another of the
officers. ‘
“Well,” Somers finally said, “we
might as well get a little rest.
Early in the morning we'll start a
new search for both that shotgun
and whatever we'can find in those
woods.”
Early the following morning,
June 13, 1938, the officers, rein-
forced by Deputies Felix Lawrence
and Arthur Holland, set out for
King Fire Mountain.
“We've wasted a lot of time,”
Sheriff Somers said, “and all we’ve
got is rumor. As sure as day follows
night somebody saw that attacker
leave the Norman farm. It would
be an impossibility for him to leave
unseen.”
“Then it seems he did the impos-
sible.”
“Not at all. What happened, I’m
sure, is that. while several people
must have seen him they did not
associate him with the attack. It’s
up to us to refresh their memories
so that they’ll remember every per-
son they saw in the vicinity.”
“Sheriff, I believe you’ve hit it.
Come to think of it there are three
houses at the crossroads where a
person must turn into the Norman.
place. On the other side is the big
Goforth farm, and beyond the Go-
forth farm is the old Siler Road.
There are plenty of houses out that
way.”
“That was what I had in mind,
Garnet. Our attacker is one of those ~
men who are so well thought of by
their neighbors.” Somers paused as
they came to the crossroads. “Hol-
land, you and Lawrence bring Bill
Powell down here. The rest of us
will start talking with these peo-
ple.”
Starting with the houses at the
head of the crossroads the officers
questioned every resident in the
community. Apparently they were
still wasting time, for not a soul
had passed for the hour or two
after the.shooting of Norman.
Suddenly Somers snapped his
fingers. “Boys, we’re working this
thing all wrong, and I wonder why
none of .us thought of it sooner.
The reason no one saw our man is
because he didn’t come from the
Norman house at the time we
thought. He came hours later!”
“How do you figure that, Sher-
iff?”
“It’s the only solution. Nobody
saw a person leaving the scene for
an hour or two following the at-
tack. Why? Because the man was
smart enough to know that if he
left the scene a lot of people would
notice him. But if he hid out in
the woods, say, or somewhere else,
and left his hiding place several
hours later, who would notice’ or
remember? For at that time most
of the people who had been at the
RU CLARK
DENTIST
Norman house all afternoon were
going home.”
“Right! We’re starting all over
then?”
Almost at once they struck pay
dirt. At the home of Charles Go-
forth, a neighbor of Norman’s, the
big farmer had news.
“No, I didn’t see anyone pass,
but a couple of my men found
some footprints in a field where
none of us had besn for several
weeks. They were looking it over,
as we plan to plow it soon. To the
best of my knowledge no one would
have any legitimate business down
that way.
“Another thing that made me
wonder is that this field lies in the
direct line between Wayne Nor-
man’s and the old Siler Road. Any-
one leaving Norman’s to cut
“Find out for yourself which tooth it is. | ain't no stool pigeon!"
a a a
41
alking with my
l, let’s say he has
ons sometimes. I
you that it was
1 that I left here
Wayne married.
stand the drink-
’s of my brother.
Oo work in Win-
2t, Wayne helped
but I knew my
low and try to
‘*k, so I didn’t tell
3. Wayne was a
there was never
cious nature be-
ery fond of him
in the papers he
came at once to
fe died before I
ened attentively
not one of them
1ers thanked the
ed her that he
- brother’s story
n she had gone
others.
;; I think I
me Norman,
__ Jur cards on
how they add
ater before they
2termination on
ers work long,
ine and usually
Although it was
and most farm-
ved, the officers
ght’s work. For
said: “I’m rea-
ir man, but I’m
y talk with all
and if the story
d this case be-
he officers went
oad trail. Once
with people liv-
d. At one place
n-year-old boy:
eé was not limp-
him?”
answered the
irds further on
outable farmer,
ct adherence to
he was limping
dur home?”
it I stopped him
it was the mat-
t his knee help-
it for the killer
Tax e Norman.”
ought grim-
! The stern,
father of Mrs.
r hours he had
dut until he and
t and compared
re of it.
From facts the officers had gath-
ered these stood out: Stone had
learned. of the secret meetings of
his daughter and Norman only a
few days before their marriage. He
was a stern man, proud.of his name
and everything connected with it.
It had hurt him deeply when he
found out that nearly everyone
knew of what he considered his
personal disgrace. While everyone
knew there was nothing wrong in
these meetings, Stone could not be
convinced that there wasn’t.
Stone had told officers he trip-
ped over a tree root and twisted
his knee. The first house after
leaving Goforth’s was the home of
the fifteen-year-old boy who said
Bryant was not limping when he
saw him. The next house was the
one where lived the man who had
asked Stone what was wrong. So,
somewhere between these houses,
two hundred yards apart, the sup-
posed accident had occurred. Yet
the officers had gone over every
inch of the road without finding
even an inch of tree root.
“Stone did not hurt his knee,”
Somers said flatly. “He was carry-
ing his shot gun under his clothes,
the barrel down the leg of his over-
alls. That’s why he appeared to
limp. He didn’t think the boy would
notice but he knew he’d have to
have some excuse when he passed
other houses. We’ve uncovered sev-
en people who saw him on the road
and all except the boy swore he
was limping. Which means he did-
n’t try to conceal the way he was
walking until he came to the road.
Further, it means he hid out in
the woods until about six o’clock,
then took a roundabout way to his
home.”
Meanwhile, Pendry and Holland
were busy on an assignment the
sheriff had given them. Approach-
ing the home of Bryant Stone they
let down the three parallel bars
that served as a gate to keep his
stock in the pasture. They let down
- these bars with a terrific clatter,
sure that Stone would come out to
investigate. The night was pitch
dark and they easily found good
hiding places.
Sure enough, Bryant’Stone came |
out running. After searching
around and finding nothing he put
up the bars and went back into
his house. There was no trace of
a limp in his walk.
FARLY the following morning
Sheriff Somers, Deputies Turn-
er and Pendry, drove to the home
of Bryant Stone. Somers wasted no
time in generalities. “Stone, we’ve
a warrant to search your home.
Any objections?” .
“Search your fool heads off,”
Stone said calmly. Apparently he
realized he was under suspicion but
he acted perfectly natural. The
INSIDE FACTS FROM POLICE RECORDS
sheriff. noted that he still affected
a limp.
The search, particularly for a
twenty gauge shotgun, disclosed
nothing until Somers asked for a
key to open a trunk. Stone flatly
refused, saying there was nothing
in it except personal things that he
didn’t care for prying eyes to see.
It required a threat to shoot off
the lock to secure the key. - '
“Personal things,” one deputy
said after a lot of clothes and odds
and ends had’ been removed, “is
correct. Unless I’m very much mis-
taken that thing,” pointing to an
object wrapped in burlap, “is a
twenty gauge shotgun, taken
apart.”
Such proved to be the case. Ask-
ed about the gun, Bryant replied
WAR BONDS AND STAMPS
FOR VICTORY
that it was an old one that had
been broken several years, that he’d
forgotten it was in the trunk.
The experienced eyes of Sheriff
Somers saw at once that it had re-
cently been cleaned, but the barrel
still smelled faintly of burned pow-
der. It had been fired quite re-
cently.
Stone calmly denied any knowl-
edge of the affair. His arrest caused
a sensation among his neighbors,
who had always thought of him
as a hard, stern man, but never as
a killer. :
For hours the officers, solicitor
and others questioned Stone, but
like his name, he seemed to be
made of stone.
“It doesn’t matter whether you
talk or not, Stone,” Sheriff Somers
told him. “We’ve got enough on
you to cause any jury to send you
to the chair. We know that you
hated Norman, that for several
months you went around among
your neighbors trying to create the
impression that you had forgiven
him, while in your heart you still
hated and wanted to harm him.
“We know there is, and never
was, anything wrong with your
knee except that you carried your
shotgun in the leg of your over-
alls. We know that you lied about
being at the Norman house helping
us search for the killer. You never
came near the place all that after-
noon.
“Why? Because you were hiding
in the woods—probably at the very
tree Joyce and Wayne used as a
meeting place. Your wife had to
admit that yoyr clothes were
wringing wet when you came in.
That is because you were out in
the woods all during the thunder
storm.
“You lied about Bill Powell—
about everything connected with
this case. Your footprints are ex-
actly the same as those we found
in the Goforth field, and people
saw you on the road that is the
only outlet for a person crossing
the woods and field from the Nor-
man place.
“You’re sewed up tight, Stone,
and it may go easier with you if
you confess.”
But Bryant Stone, his stern face
never relaxed, only stared fixedly
at the sheriff and kept his lips
tightly closed.
With the arrest of Bryant Stone
it appeared that some of his neigh-
bors may have feared him, for al-
most daily the officers were given
bits of information that proved
their contention that Stone hated
Norman with a deadly hatred, even
though he was outwardly friendly
with his son-in-law.
“Stone is a cold, proud man. He
got the idea that Wayne had
wronged his daughter and from
that time on he must have nursed
the grudge in his heart until it was
like a deadly viper, waiting only for
the time to strike,” Sheriff Somers
summed it up.
On August 15, 1932, Bryant Stone
went on trial for his life before
Judge Cowper, in Wilkes County
superior court. On August 19th a
jury required three hours to de-
termine Stone’s fate. A few minutes
after they filed in Stone heard the
dread words: “Guilty of murder
in the first degree.”
Judge Cowper immediately sen-
tenced the doomed man to die in
the electric chair on October 28,
1932. A last day reprieve stayed the
sentence and for nearly a year his
lawyers fought bitterly to have the
sentence set aside. But it was of no
avail, and on September 8, 1933,
Bryant Stone, still stern and proud,
refusing to make a last minute
statement, went to his death in
the chair.
NOTE: The names Jane, Mary, Au-
drey and Emma Emerson and Bill
Powell are fictitious to avoid em-
barrassing innocent persons.
43
at eis Preths.. &
The binhabeone on the Wayne Norman farm. The killer hid inside this building,
aimed and fired the lethal blast through the opening (circled) between logs.
of trouble with Wayne, he told me.’
“Would he be likely to shoot at Wayne
Norman?”
F “Can't tell what a guy like that'll
0.”
“Were you anywhere near your son-
in-law's farm this morning?” Somers
was hopeful that perhaps Stone might
have seen someone carrying a gun or
acting suspicious in the neighborhood.
Stone said he was not.
So that was that, Somers thought,
as he and Turner prepared to leave.
They must certainly investigate Arnett
Novak. But what was the reason for
Bryant Stone's antagonism toward him?
And did Novak take Joyce Stone’s mar-
tlage as hard as Stone said?
Mrs. Stone approached the officers
just as they were leaving. She asked if
she could ride into town with them.
She wanted tu see how Wayne Norman
was and do what she could to comfort
her daughter. Somers agreed.
Riding to town with Mrs. Stone and
Turner, Sheriff Somers kept mulling
over the developments of the case. He
still wanted to talk to Mrs. Joyce Nor-
man, Perhaps she would know of some-
vne with vengeance enough to try to
kill her husband. He would have Paris
Turner investigate Amett Novak and.
bring him in, if his case looked bad.
Then, too, he wanted to find out how
Norman was and what his deputies had
learned about Lafe Atkins.
At the Atkins farm, Deputies Pendry
and Perdue found the eccentric farmer
working in the fields. Seeing the officers
approaching, Atkins straightened up,
watched them with speculating eyes.
6GYUY/7E'VE come to ask a few ques-
tions about a shooting,” Pendry
said.
Atkins’ brows raised a trifle. “You
mean’ Wayne Norman, eh? I gathered
as much.”
“Hew did you know?” Perdue said.
Atkins took time to shift a cud of
20
tubacco from one side of his mouth to
the other, “I know everything that goes
on in these parts,” he said.
The cfficers smiled. Pendry said:
“Then perhaps you can tell us who
shot Wayne.”
Atkins spat. “You got me_ there,
brother,” he replied. “I reckon that’s
about the one thing I don’t know.”
“Where were you this noon?” .
“Right here, why?”
Perdue didn’t answer the question, He
said, “Were you alone?”
The bachelor-farmer seemed to dis-
like the trend of the conversation but
he knew enough to respect the authority
of the sheriff’s office. So he grudgingly
answered them. “Yeah. Alone.”
“How did you and Wayne Norman
get along?”
Atkins lighted his pipe. “TI stayed on
my side of the fence,” he commented,
looking directly into the deputy’s eyes.
“How about that fight you had over
boundary lines?”
“That was a mistake. We got that
all straightened out. I was in the right,
though.”
The deputies mentioned that they un-
derstood the two farmers had planned
legal proceedings over the ‘ boundary
dispute. Norman may have, Atkins told
them, but he didn’t need any. He was
in the right.
“How about your stock that got into
his land?”
“I still say they were mine. I ought
to know what's mine. Besides, that
fence was broken on purpose. And I
wouldn't be dumb enough to do it. I
was aimin’ to get the law after him.”
The questions and the suspicion the
county officers had began to make At-
kins angry. “Listen, don’t get the idea
I shot Norman. I’m not. looking for
that kind of trouble. I’m law abiding,
I am.”
Perdue and Pendry left Atkins with
plenty of doubt in their minds but little
proof against the cranky farmer. “He
FTER listening to Perdue and Pen-
dry’s experiences with Lafe Atkins,
Somers decided to have his men comb
the neighborhood around the Norman
farm the following morning jin search
of additional information. He wanted
to know more about Lafe Atkins. Had
anyone seen him leave his farm about
the time of the shooting? And did he
own a shotgun?
Somers also made plans for a posse
to search the pines near the Norman
- farm, hoping that ‘possibly Norman's
murderer had hidden the shotgun there.
Somers’ right-hand. man, Paris Turn-
er, had reported that he” was unable
to find anyone at home at Arnett
Novak’s but that he was going to check
the neighbors and relatives until he
located him. .
“It’s a puzzle to me,” Sheriff Somers
ccmmented to his deputies, while lay-
ing plans for the ensuing investigation.
“Can’t see how anyone could have been
hidden in that smokehouse, then dis-
appear, shotgun and all.”
The motive was vexing Somers. It
was probably committed in revenge.
But revenge for what? Was it some
spurned suitor of Joyce Norman? Some-
- one like Armett Novak? Or was it the
outgrowth of an argument? Somers
wondered if Wayne Norman could have
ve more enemies other than Lafe At-
ins,
Who wouid want to kill: Wayne Nor-
man in front of three witnesses? Also
with the chance that he—or she—might
hit one of the others. Possibly it was
one of Norman’s former girl friends.
Feeling spurned when he vy mar-
This man ‘paid with his life for
satisfying a mad desire to kill
had enough reasons,” Perdue concluded.
The first news the deputies heard
when they reported to Somers late that
night was that Wayne Norman was_
dead. Somers told them that he had
died without regaining consciousness.
The sheriff had talked to Joyce Nor-
man but the grief-stricken young wife
could throw no light on the unidentified
murderer. Nor could she think of any-
one hating her husband enough to kill
him.
°
ried someone~-else, she would not have
minded too much if the buckshot also
hit Norman’s wife.
Somers hoped a farm-by-farm can-
vass would answer some of his ques-
tions, so daylight found him and four
other deputies in the Norman farm
neighborhood.
Felix Lawrence and Arthur Holland
organized a volunteer posse and soon
were leading a concentrated search of
the wooded area bordering on the
te
ATH ENDS
TO SOLVE THE BRIDEGROOM’S MURDER,
SHERIFF SOMERS HAD TO FIND A MAN
WHO DIDN’T CARE HOW MANY HE KILL-
ED IN ORDER TO SATISFY HIS HATE
By WILLIAM GENTRY
over the unconscious form of
Wayne Norman while white
coated ambulance men waited im-
patiently a few feet away. Look-
ing at the ugly buckshot wounds
on the face, neck and chest of the
man, Somers knew that the young,
newly married farmer had not
long to live.
The internes advanced; unfold-
ed the stretcher. The leader pre-
tended to cough. Somers looked
up
Gover th W. B. Somers leaned
“We'd better take him, sir,” the
interne said. “Every minute
counts.”
Somers arose to his. feet.. “Of
course. And stay close to him all
the way in to town, He may re-
gain consciousness and say some-
thing important. I want to know
who did this thing.”
OMERS walked to the edge of the
porch and surveyed the scene
around him. He saw but did not ob-
serve King Fire Mountain on the edge
of the Blue Ridge Mountains which
formed a background for this North
6
Carclina setting. His mind was com-
pletely occupied with the fact that a
man had been shot down in cold blood.
His critical eyes followed Deputies
Garnet -Pendry and Moody Perdue cor-
raling the score of curious farm neigh-
bers who had gathered in the yard,
taking names; trying to find witnesses.
The . anguished cries of the young
bride, coming from inside the house,
‘smote his ears. Unconsciously, he turned
arcund; saw two young girls standing
in the open doorway. They were un-
questionably waiting to speak to him.
“Yes?” he said. “What is it?”
They advanced. The taller of the
two said, “I am Jane Wyatt. This is
Mary Hay. We're friends of the Nor-
mans. We—we were ‘here when it hap-
pened.” “
Scmers’ eyes lighted with sudden in-
terest. “Tell me about it,” he said.
“There’s not much we can say, real-
ly.” Jane said. “The four of us, Wayne,
Jcyce, Mary and I were sitting on the
porch. You know Wayne and Joyce
have been married only a few months.
Mary and I were teasing them, Then
we heard a shot. Wayne threw his arms
up and the next second he slid off the
chair and fell on the floor.”
“Did you see who did the shooting?”
Somers asked.
“No, we didn’t,” Jane replied. “It
The Norman farmhouse, nestled at the edge of the Blue Ridge. Mountains
in North Carolina. When shot, Norman was seated in chair shown on porch.
was the way I said, first we were laugh-
ing and joking and then—”
“Do you know where the shot came
from? Any idea what direction?”
Mary Hay spoke up. “It seemed
awful close..It almost shook the house.”
The girls showed Somers the chair
in which Wayne Norman had’ been
seated when the shot was fired. Walk-
ing up to the rail of the porch, he
scanned the sloping farmyard.
It was a pretty scene if one did not
know that a man kad been mysteriously
shot there less than an hour before.
Rolling hills and groves of pine trees
lay nestled in the shadow of the dis-
tant mountain range.
WM berg only place to hide, short of the
pines on the edge of the farm, was
a smokehouse, about 100 feet from the
porch, Probably the very spot, Somers
decided. The trees were almost 100
yards farther away and at that dis-
tance with a shotgun the aim would not
be effective. °
Walking briskly to the smokehouse,
Somers first noticed that the door was
partly open. Entering, the acrid smell
of gunpowder met his nostrils. His
curiosity was soon, rewarded. On the
dirt floor lay an empty shell from a
20-gauge shotgun.
Two other items attracted his at-
tention. A pair of logs at the front of
the shack could have allowed an excel-
lent support for a gun. Also a hole in
the mud daubing between two logs, af-
forded an aperture for a charge of
buckshot.
Sheriff Somers returned to the house,
intending to question Joyce Norman
but. learned that she had been taken
to the home of her parents, two miles
through the pines.
A HONEYMOON
Impatiently, Somers ordered his depu-
ties to release the two bloodhounds: that
had been carried in a cage built into .
the trunk of the county patrol car.
Sniffing and straining at their leash,
the two dogs were led-to the smoke-
house. The scent was fresh and soon
the hounds were straining at their leash-
es, pulling the handlers out of ‘the
shack and toward the woods. Somers
and his deputies hurried along behind:
Suddenly the sky darkened. Thunder
rolled and almost immediately after,
a downpour, common to the Carolina
mountains in early summer, all but
drenched the officers. The dogs lost the
trail in the woods, a few hundred feet
from the smokehouse.
Five minutes later a group of rain-
soaked, breathless deputies sought shel-
ter.on the Norman farm porch. Sheriff
Somers was not happy over the sudden
turn of events just when they were hot
on the trail. However, police investi-
gators: don’t wait for- nice weather so
he had his deputies report on what they
had learned in talking to the farm-
neighbors,
They told him that no one else had
seen the shooting. Nor had the neigh-
bors seen anyone running away from
the farmyard after the shooting. That
was quite likely, Somers knew, since ~
the trail led through the pines.
“Anyone come. through the forest?”
Somers asked his deputies.
The answer was no.
Deputies Turner, Pendry and Perdue
had been able to ask questions about
Wayne Norman's private life, hoping
to get a reason for the attack. “Did
Wayne Norman have any enemies?”
they had asked. ;
According to two of the neighbors,
Norman had been having some heated
4 tee ek Kimani kaa RM
arguments with Lafe Atkins who owned
a farm near Norman's land. “They
were, always at each other throats,” one
neighbor explained,
t was the reason for the bitter
enmity?
Ove said it was over the boundary
of outlying® Property. Norman had
improved his land just after he and
Joyce were married, Among other re-
pairs, he had built a fence around it,
Atkins claimed that Norman’s new fence
extended some six feet on his land.
Norman claimed the fence was at the
true boundary. Both had anticipated
i a legal Proceedings against the
other. .
man’s fence was broken and some
of Atkins’ stock disappeared. Atkins
claimed that the stock was in Nor-.
man’s pen. Wayne Norman denied this.
Lafe Atkins, the county officers
learned, was: an eccentric farmer, a
bachelor of some 40-odd years and al-
ways at odds with his neighbors, He
had few friends and lived alone,
Wayne Norman’s private life, exem-
plary in itself, furnished some grounds
for a possible motive for the shooting.
¢ women all spoke well of the
handsome farmer, the men grudgingly
admitted they had nothing against him.
_ However, until he suddenly married,
Norman had done quite a bit of courting
in the foothills of the Blue Ridge Moun-
tains. He had been quite a catch for
_ Pretty Joyce Stone, 19 years his junior.
Sheriff Somers believed there could
have been a spurned lover with a ven-
8eance to settle. But why, he asked
himself, would - the assailant shoot at
The murder gun as county officers found it hidden Fy, Sore
old trunk—taken apart, cleaned: and wrapped in
Norman when there was so much danger
of also hitting his wife? Perhaps that
person had the same feelings toward
Joyce Norman and wouldn’t. mind if
She also had been struck,
mers knew the mountain folk in
upper Wilkes County. He was aware
that sometimes they carried a feud to
bitter extremes like the sheepmen-cat-
tlemen fights in- the old West, or the
family feuds of Harlan County, Ken-
tucky, ;
Family feuds, Somers realized, were
not uncommon and the warring mem-
bers tolerated no interference from the
police, but there was a law to uphold
and it was his job to see that the guilty
were brought to justice. He was con-
vinced that Wayne Norman was shot at
by someone who had been an enemy
with a bitter 8rudge against. him, bitter
enough to commit murder,
Lafe Atkins was one Possibility. Som-
ers detailed Garnet Pendry and Moody
Perdue to -investigate him. Atkins had
not been one of the Curious to gather
in the farmyard after the shooting. _
Were there other possibilities? Som-
ers didn’t know, Perhaps Wayne Nor-
man’s wife would now be able to talk.
Perhaps her parents would know of’
‘someone harboring animosity toward
their son-in-law. Somers and Paris
Turner left the now-deserted Norman
farm for the home of Mr. and Mrs.
Bryant Stone, located more than two
miles away.
A MATRONLY gray-haired woman
met the officers at the door. Grief
had etched deep lines on her face. It
was Mrs. Stone. At the sheriff's request
to see Joyce Norman, she looked wor-
tied, explaining, “Joyce went to town
p-
- +. to the hospital. A friend just drove
her in.” '
The officers entered the living room
and looked around, scanning the plain
but comfortable furnishings of the farm
home, Bryant. Stone was a well-known
farmer, his family having been pioneers
in the community,
The officers asked to see Bryant Stone.
Mrs. Stone explained that he had gone
to visit a cousin who lived some three
miles away,
Somers glanced around the living
room. His eyes caught a picture of Joyce
and Wayne Norman.
“Their wedding picture,” Mrs. Stone
sobbed. “It was taken just six months
ago.” Tears glistened in the woman’s
eyes.
. “Mrs, Stone,” Somers stated after
finding a chair, “we're “trying to find
who shot Wayne. I hope it doesn't turn
out to be murder, but . , .” His voice
trailed away ‘into the strained silence,
Mrs. Stone was worried, but hopeful
of her son-in-law’s recovery. “I can’t
think of anyone. They—Wayne and
Joyce—were so happy. And married only
such a short time.”
While Paris Turner, the wiry, restless
type, was standing on one foot then
another, Sheriff Somers asked Mrs. Stone
if she could recall Wayne Norman men-
tioning. any enemy he might have. She
could think of no one.
“Anyone who was in love with your
daughter before her marriage and a
have a grudge against her new Uus-
band?”
Again no. “He was so well liked.
They both had a lot of friends.”
The back door slammed. Turner
glanced toward the kitchen and saw a
tall, lanky farmer, dripping wet, limp
into the room.
Mrs. Stone jumped up to meet him.
“Oh, Bryant, it’s Wayne,” she exclaim-
ed, not mindful that her husband was
soaking wet. “Someone shot him. No-
body knows who did it.” .
Bryant Stone paused, stared blar
Then, mechanically he took off his
and placed it on a table. “No . is
I can’t believe it.” He leaned aga
the table rubbing his head in a
wildered fashion.
“That's why we’re here, Stone,”
ers put in.
Stone turned and mumbled some aj
ogies about changing into dry clot!
His wife stopped him. “Why, Bry:
you're limping. Did you hurt yoursel
“Aw, it’s nothin’ much,” Stone
plained. “Just turned the ankle on
tree stump. I wonder who could h:
shot Wayne.” He walked into the bs
of the house.
QVHEN Stone had returned in d
overalls, Somers had some qu
tions ready,
“You don’t know of anyone w!)
might want to kill Wayne?” he starte
“Can’t tell. On second thought, wl
don’t you ask that young Novak kic
He might know something.”
“What do you mean?”
Bryant Stone described young Arng
Novak as a “no good scalliwag,” wh
had a serious case on his daughter bk
fore her marriage. Then suddenly Joyc
Stone married. Wayne Norman. Nova
was quite broken up over that, Ston
said. He disappeared for a week. “N
one saw hide nor hair of him. Whe:
he came back, he still wouldn’t talk t:
anyone. Had a chip on his shoulde
after that.”
“Where does this Arnett Novak live?’
Up in the mountains, Stone said
giving the officers the directions. “He’:
a sneak,” Stone went on in his bitte:
condemnatien of the spurned suitor
“Always trying to see Joyce when ]
wasn’t around.” _
Somers changed the subject. “Do you
know Lafe Atkins?”
“Yeah. Pretty well. He’s a Crazy duck,
but harmless, I think. Had quite a bit
(Continued on Page 20)
Sheriff W. B. Somers thought at first that hoe had a family foud 7
on his hands. Then he learned wh
v0 walking man cmubeletbn
HOOTINGS are not uncommon in the picturesque
mountains of western North Carolina, where moon-
shiners ply their trade. But when the victim is a
respectable, well-known citizen, the tragedy comes
as a shock and surprise to the hill country.
Such was the case that Sabbath June day when Sheriff
W. B. Somers, of Wilkes County, heard a voice crackle
over the phone: “There’s been a shooting, Sheriff! Some-
body tried to kill Wayne Norman!”
“Wayne Norman?” Somers asked, surprised. ‘“He’s a
mighty fine felow. Who shot him?” — ‘a
“Nobody knows,” the caller answered.
Somers made some quick notations on a pad on his
desk, then instructed the informant: “Don’t touch any-
thing until we get there.”
The sheriff quickly put through calls‘to Deputies Paris
Turner, Garnet Pender and Moody Purdue, instructing
them to meet him at the courthouse as soon as possible.
Then he notified the local hospital in North Wilkesboro
to rush an ambulance to the scene.
Within five minutes the four officers were headed in
the sheriff’s car over the winding road leading to the
mountain home of Wayne Norman, located near King
Fire Mountain. Close behind.came an ambulance.
Overhead dark, low scudding clouds brought promise
of rain. Somers stepped down on the accelerator. ‘I
hope we can make it before the downpour comes,” he
grunted. “The rain might wash away valuable evidence.”
Except for the overcast sky, the mountain countryside
was bedecked in beauty. From the speeding car, the
officers could take in the full expanse of the green hills
and sprawling valleys below, dotted with homes.
In a matter of minutes the officers pulled to a halt in
front of the small farmhouse occupied by Norman and
his pretty young wife, Joyce, only sixteen years of age.
A small crowd of farmers, attracted by the shooting, had
already gathered in the front yard. The sheriff grunted
in disgust at the sight of the throng.
“They’ve probably destroyed valuable clues in the
yard by now,” he told the other officers, as they piled
out of the car. The crowd parted as Somers and two
white-coated internes hurried to the porch where the
bleeding body of Wayne Norman lay.
An interne bent over the still form and quickly made
an examination. “Not much chance for him, Sheriff,”
he said softly. ‘The shots entered his neck, face and
chest. It’s just a matter of hours at the most. ip
Somers noted that the shots had scattered consider-
ably, the majority of them entering Norman’s right side.
While the internes placed the wounded man in the am-
bulance and headed back towards North Wilkesboro,
twelve miles away, Sheriff Somers instructed his
deputies to keep the crowd back.
Young Joyce Norman, a bride of only six months, was
being comforted by neighbor women inside the house.
“T know this is a bad time to have to question you Mrs.
Norman,” Somers said, comforting her. ‘But we'd like
to know what happened. Every (Continued on page 76)
Sheriff W. B. Somers (shown at top
in panel at right) turmed in master
sleuthing in this colorful mystery in-
volving the man shown at the right in
same panel and ending dramatically
im the Wilkes County Courthouse.
=< SRN ARRS Sea Anas ESO IR RRR ES Oi Bie OC OMB A Fa ia.
Wayne Norman farm. .
Sheriff Somers, with Perdue and Pen-
dry, started with the Charles Goforth
farm on the Siler Road and gradually
began to pick up information about the
leading characters involved in the in-
vestigation, :
‘There Sheriff Somers was told:
“Sure, Lafe Atkins has a shotgun.”
“What ‘size?” Somers asked.
‘The farmer didn’t know. “He keeps
it for chicken thieves, Had some close
calls with it. Finally, folks around here
wouldn’t go near his place after dark.”
Perdue and Pendry were sent to the
Atkins farm. “See about that shotgun.
If it’s 20-gauge, bring him over,”
«Somers ordered. “Take a look around
if he'll let you.”
From another farmer, Somers learned
that Wayne Norman had married Joyce
Stone against her father’s wishes. Be-
fore their marriage Bryant Stone had
strictly forbidden her. to see Norman.
The couple had always met secretly.
TILL another farmer knew the spot
where the couple had kept their
trysts. It was a pine tree on his land.
gees |
The trysting tree where Joyce Stone and Wayne Norman left love
letters and waited for each other during the secret courtship.
> 2S
i- v4
- 9 Bm
Leading: Somers out to show him the
tree, the farmer commented, “Guess
everyone round here knew about them
leaving notes and meeting here, except
Bryant Stone.” ; :
Considering that Norman's assailant
might have been a spurned suitor and
. had used the “courting” tree as a hid-
ing place for the shotgun, Somers
searched the tree and the brush around
it. But ‘the. tree hid no gun, nor any
other clue. |
Somers completed his round of ques-
tioning of the farms. No one had been
seen carrying a shotgun. Positive that
the gun was hidden in the pines, Somers
struck out for the: woods.
A farm lad was walking down the
toad and Somers soon overtook him.
It was a common sight in the country
after school was out. The boy was
whistling a tune, unaware that a mur-
der investigation’ Was being conducted
in the vicinity. : .
But Sheriff Somers wasn’t missing
single bet.’“Live around here?” Somers |
queried, stopping the youth.
“Sure, over there.” The boy indicated
a farm a half mile behind them.
“Were you around yesterday?” |
“No, I was fishing. Just like I'm
goin’ to do now.”
“Where do you fish?” Somers could
see that the farm youth was heading
toward the pines.
“Over at the creek. Through those
woods.” :
“You didn't see anyone among the
trees just after noon yesterday?”
“I saw Mr. Stone.”
Somers leaned forward with interest.
“What time was this?”
“Didn't have a watch. But it was
just after it started raining. I was run-
ning home to get out of the rain and
-he was walking through the woods.”
“Was he carrying a shotgun?” Som-
ers asked hopefully.
“No.”
“Did he see you?”
The youth answered no.
Bryant Stone. Somers pondered as
he went to join the posse, What was
he doing in the woods near his son-in-
law's home? He told his wife and coun-
ty officers that he was visiting a cousin.
But that cousin lived the other way
and about five miles from’ Wayne Nor-
man’s farm. Did Bryant Stone murder
his son-in-law? Somers doubted it.
There was. too big a chance of hitting
his own daughter.
IHE posse had found neither shot-
gun nor any other clue. Pendry and
Perdue returned discouraged and re-
ported that Atkins? shotgun was a 12-
gauge. “He wouldn’t let us do any
searching,” Perdue added.
“We'll keep an eye on him,” Somers
replied, sternly, He wasn’t eliminating
the possibility that Atkins might have
owned two shotguns.
Somers left Lawrence and Holland
to continue their search while he took
Pendry and Perdue back to the patrol
car. We'd better talk to Bryant Stone
again,” Somers said to the pair, ex-
plaining what he had learned from the
farm youth,
The county officers found Stone at
Deputy Sheriff Paris ‘Turner hit
upon the mystery's one weak link.
work harrowing in the field. Stone, on
seeing the men, halted his team and
waited for them to join him.
Somers spoke first. He went right to
the point. “What. were you doing over
by Wayne Norman's farm yesterday?”
The farmer wavered. “I was seeing
a friend,” he explained, wiping the per-
‘ spiration from his brow. “I told you
and my wife that I was at my cousin's.
I didn’t want her to know where I was.”
“What kind of a friend?”
Stone gave the officers his friend’s
name. “He’d been making some liquor
and it was ready for drinking. My wife
doesn’t like me to touch the stuff.”
Somers wondered why Bryant Stone
wasn’t in town with his wife and daugh-
. ter. His, son-in-law was dead. Perhaps
he didn't have very strong feelings for
Wayne Norman. He had once forbidden
his daughter to see him. On the other
hand, maybe the farm needed him. He
had no hired hand to help out.
Sheriff Somers sent Perdue and Pen-
dry to see Bryant Stone’s friend and
verify his story. He wanted, to get in
to North Wilkesboro to check into other
’ developments of the case.
The first news that greeted Somers
when he returned was that Amett No=
vak had been eliminated as a suspect.
Paris Turner was there to report that
he had found Novak and his parents
at a relative’s house and that the former
suiter was accounted for at the time
of the murder. His parents verified this.
Somers and Turner went over. the
developments of the day. “It beats me,”
Somers concluded in telling of the boy
who saw Stone walking through the
woods in the rain.
Tumer interrupted. “Did you say °
walking? . . . In the rain?”
Somers stroked his chin. “Funny, the
‘boy did say he was walking. Wonder
why?”
URNER recalled that’ Stone was
limping when they were at his house
after the murder. He had an_ idea.
“Could it be that Stone couldn’t run?
Could he have had a gun hidden in a
leg of his trousers? That would explain
his limp when we saw him.”
Somers wasn’t sure. He wondered
again why Bryant Stone would take such
a chance of hitting his daughter. But
the man would bear further investiga-
tion, Somers decided.
When Pendry and Perdue relayed to
Sheriff Somers the electrifying news that
Bryant Stone wasn’t at his friend's at
the time Wayne Norman was shot,
Somers concentrated his whole attention
on the possibility of Stone's guilt.
“But how?” he asked. “We can't get
a search warrant on mere suspicion.”
He sent Pendry and Perdue out to Bry-
ant Stone’s neighborhood.
An hour later, Somers’ telephone rang.
It was Perdue.
“Stone’s got a gun,” Perdue reported.
“It's a shotgun. 1 talked to one of his
neighbors.”
Acting on that report, Somers was
able to obtain a search warrant. After
Lawrence and Holland came in from a
fruitless search of the woods near Nor-
man’s farm, the county officers were at
the front ‘door of Stone's farmhouse.
Stone appeared puzzled but friendly
toward Somers and his deputies, until
he learned the sheriff had a search war-
rant. Then he grew angry. “Search your
blamed heads off,” he shouted as the
officers entered the house.
“I see your ankle healed fast,” Somers
said, noficing that Stone had no trace
of a limp.
The farmer flushed but said nothing.
oom by room, the deputies and
Sheriff Somers searched the house while
two of the men went through the barn.
When Somers tame to a locked trunk
and asked for the key, Stone grudgingly
got it for him.
“Nothing but a bunch of winter
Clothes in there,” Stone said.
It was clothes all right, Somers dis-
covered, until he came to a heavy bur-
lap package which he lifted out. Unwrap-
ping it, the officer's surprised eyes fell
on a disassembled shotgun. The gun was
a 20-gauge that had been cleaned re-
cently, Somers observed astutely.
He turned to the farmer, who was
standing defiantly behind him. “Well,
Stone, how about this?”
Stone said nothing.
Taken to the Wilkes County jail in
North Wilkesboro under arrest, Stone
remained silent.
' Any attempts of the sheriff and his
deputies to question the suspect were
~met with glaring eyes and silence.
Somers sent both the shotgun and
the shell that he had found in the
smokehouse to the state laboratories.
Ballistics tests there proved that Bryant
Stone’s gun was the one that fired the
shell found in Wayne Norman’s smoke-
house.
From Stone’s acquaintances, Sheriff
Somers gradually pieced together the
motive for the crime. Stone had jealous-
ly guarded his daughter's life, thwarting
any attempts made by young men to
court her. He doubly resented Wayne
Norman's attentions in view of the fact
that he was 19 years older than the girl.
When he found out about his daughter
meeting Norman secretly at a pine tree,
resentment turned to smoldering anger.
This feeling grew more intense after his
daughter’s marriage. =
Bryant Stone remained silent until
his trial. But then his words and those
of his lawyer failed to save his case.
On August 19, 1932, after a five-day
trial, Bryant Stone was found guilty of
murdering his son-in-law, Wayne Nor-
man. :
Judge Cowper sentenced the con-
victed. killer to die October 28, 1932,
in- North Carolina’s electric chair.
A last day reprieve stayed Bryant
Stone's execution and for almost a year
his lawyers continued the fight for his
life. But on September 8, 1933, Bryant
Stone, still refusing to confess or make
a last-minute statement, went silently
to his death in the electric chair.
Editor’s Note: The names Atkins ond
Novak, as used in this story are fictitious
in order to protect the identity of in-
nocent persons and save theyn from all
possible embarrassment.
21
lkes) Septwmber 8, 1933
1
¥
REAL DETECTIVE, April, 1946
TONE, Bryant, white, elec. NC® (h
C
>
i by
FUG Oe eee Oe ee hy
pet PP Ro
EAL
DETEITIVE
minute we waste enables the assailant
to get that much farther away from
here.”
Bravely pulling herself together,
Joyce Norman wiped her eyes and
began her story.
ewe were all sitting on the front
porch talking when suddenly there
was a shot. I—I looked at Wayne
and saw that blood was streaming
down his face. Then he slumped out
of the chair.” She halted for a mo-
ment as sobs shook her body.
“Who else was on the porch with
you and Wayne?” Somers asked,
“Ruth Parker and Jane Evans. I
had been to church with them and
when we got back here,” she con-
tinued, “they stopped to rest a while
and talk with me and Wayne.”
“Did Wayne go to church with
you?”
The young wife shook her head.
“No, he didn't,” she answered softly.
“He was tired and wanted to rest.”
In answer to the sheriff's next ques-~
tion, Joyce "Norman said she did not
see anybody in the vicinity of the
house immediately before or after the
shooting. :
“Do you know who might have shot
your husband?” asked the sheriff,
“No, I don’t. I can’t understand why
anybody would want to kill him. He
never did anyone any harm. He’s
good, kind and generous.” Again she
broke down and tears filled her eyes.
Deciding to wait until later to con-
tinue questioning her, Sheriff Somers
sought out Ruth Parker and Jane
Evans, both of whorn corroborated
Mrs. Norman's story of what had
transpired. Neither of them had seen
anyone near the house when the shot
was fired.
Motioning for Deputy Purdue to
join him, Sheriff Somers walked
across the yard from the porch and
then stopped. He surveyed the scene
for several seconds, trying to gauge
the path of the shots. Then he turned
and walked towards a smokehouse,
located about fifty yards from the
house.
FreoM the front of the smokehouse,
Somers saw that he was in full
view of the porch. From where Wayne
Norman had been sitting, the sheriff
noted, it would have been an easy
matter for the ambusher to draw a
bead on Norman.
If, indeed, the assailant had stood
at this spot, how had he fled from
the scene so quickly without being de-
tected? What was the motive back of
the shooting? Who was the ambusher?
Where was the weapon? These and
other questions spun through the
sheriff's mind as he and Deputy Pur-
due stepped inside the small smoke-
house.
“What's this?” Somers asked, half-
aloud, as he halted a few feet inside
the door of the smokehouse. Lying
on the floor was an empty shell.
Somers picked it up and sniffed it.
The smell of burned powder was still
strong. It had been fired fron’ a twen-
ty gauge gun.
A further search revealed that the
Phantom Killer of Moonshine Ylountain
(CONTINUED FROM PAGE 173
assailant evidently had thrust the gun
between the logs and fired at Norman,
for traces of powder burns were yvisi-~
ble on two of the logs.
“Whoever did the shooting,” Somers
told Purdue, “must have squatted
here and held the barrel between the
small opening of the logs. I don’t see
how he could have gone far with the
gun without being seen. It’s possible
that the gun was hidden around here
some place.”
“Maybe we can pick up his trail
outside,” Purdue suggested. Summon-
ing the other deputies, the officers
fanned out from the smokehouse. A
few feet away they found a trail of
broken weeds and cm. The grass
soon gave way to p owed soil. Here
the tracks of a man were plainly
visible.
Overhead, the sky was growing
darker by the minute. “We haven't
got a second to lose,’ Somers said,
Turning to Pender, he instructed, “Get
some bloodhounds here as quick as
you can. We've got to work fast a
3efore Deputy Pender could get
back with the bloodhounds, a deluge
of rain drenched the countryside,
sending the officers scurrying to shel-
ter, But not before Somers had had
time to cover up two of the best foot-
prints in the field.
Despite the downpour, the dogs
were led to the smokehouse. But all
efforts to try to pick up the scent of
their quarry failed. The dogs merely
went around in circles, unable to fol-
low the scent in the damp grass and
weeds.
Returning to the farmhouse, Somers
discussed the case with his three
deputies.
“phe way I figure it,” the Sheriff
mused, “somebody wanted ’ Norman
out of the way mighty bad. The mo-
tive has got me stumped. 1 know fo:
Held in Father's Murder
in Vienna, Missourt, iS-year-old Gone Westerman told police
that he shot his father after he had been given sixty-five
dollars by @& mun who is allegedly his mother’s lover. The
shooting took place on Westerman farm near Vieuna, Missouri.
ae
a fact that he was well liked by every-
body. Yet, the case has all the aspects
of a vengeance shooting.”
“Maybe there’s a jealousy motive
somewhere,” Deputy Pender sug-
gested. “Norman was one of the best
looking fellows in these parts.
it doesn’t seem logical that a man who
has been married only six months
would start carousing around with
other women,”
Leaving his deputies, Somers strode
to the front porch, where several
farmers were huddled under the nar-
row roof to protect themselves from
the rain,
One by one, the Sheriff questioned
them about Norman’s background and
past life. Did he have any enemies?
Was he involved with another woman?
Finally. one farmer motioned for
the Sheriff to accompany him inside
the house. When they were in the
living room out of hearing distance of
the others, the man told Somers,
“What I’m going to tell you is merely
neresay, but you can take it for what
it’s worth. Mind you, I ain’t trying to
velay gossip, but I like Norman as
good as the other folks in these parts
and I want to see whoever shot him
get what’s coming to him.”
“T understand,” the Sheriff said. “Go
Still, .
te ni
‘
ahead. What do you know for sure?”
“Well, I know for a fact that Wayne
was quite a hit with women before he
married. He played around with more
than one woman. That was his one
bad fault, and you can’t do that in
the mountains without causing hard
feelings. He was around thirty-five
years old and he told people plenty of
times that it was time he married and
settled down, He seemed in no big
hurry to get married until he met
Joyce Stone. And then they up and
got hitched without even courting, so
I hear. It’s darned funny that a man
of Norman’s age would marry a girl
of sixteen that he hadn’t even courted.
Not only that, but I hear that he prac-
tically left another girl at the altar
when he married Joyce.”
Sheriff Somers digested the old
man’s words thoughtfully. Here, at
least, was a possible motive for the
attempted murder... Had the relatives
of the jilted girl, seeking revenge,
tried to do away with Wayne Nor-
man?
“Do you know who the girl was
that Norman was going with when he
and Joyce married?” the Sheriff asked.
“I understand it was Mary Blake;
she lives about two miles away.”
The Sheriff made a mental note to
BEE Iie bm
on,
Wea
i Staff Sergeant
| tO eCHemy agents. The sergeant
was Nat party member and corporal in Hitder’s storm troopers.
Questione
aye We kiack
mie ;
Frank Hirt was held in
aecused of sending specifications of United States warplanes
d as Spy
military custedy and
is said to have admitted he
Sa RR eri sth sid ake acerca eet ead =
look into this angle. By now the rain
had stopped sufficiently for Somers
and his deputies to make a search for
the gun. But despite all their efforts,
the shotgun was not to be found.
“Most likely the assailant headed
across the field and then took to the
woods,” Somers told his men. “It’s
possible that the would-be killer came
to the house after Mrs. Norman had
gone to church. He might have talked
with Norman and then when he left
he could have circled around behind
the smokehouse and waited until the
opportunity to shoot him presented
itself. That’s just one theory. Any
one of dozens of things could have
happened.”
“It looks to me,” said Deputy
Turner, “that the killer would have
shot Norman while he was alone on
the porch—that is, if the killer waited
anytime at all in the smokehouse.”
‘Pye thought of that, too,” Purdue
spoke up. “The only conclusion is
that the thing was a jealous or re-
venge shooting. For instance, a jeal-
ous suitor might have fired the shot
so that he*could do it in full view of
the girl who rejected him. On the
other hand, it’s possible that the as-
sailant meant to shoot Joyce or Ruth
Parker or Jane Evans,”
“Not likely,” Somers grunted. “Most
men in these parts can shoot straight
as an arrow. I’ve seen some fellows
around here who could stand on one
hill and almost knock the eye out of a
squirrel sitting in a tree on a nearby
ridge. Jealousy looks like our best
bet. Our first job is to check into the
Private lives of both Norman and his
wife.”
Turning to Turner and Pender, the
Sheriff added, “Suppose you two go
over and have a talk with the parents
of Mrs. Norman. Find out who Joyce
went with and whether she had a
jealous suitor, Meantime, me and
Purdue will get to work on Norman’s
past.”
As their first move, Somers and Pur-
. due drove to the home of Mary
Blake. The young, dark-haired girl
expressed complete surprise when she
learned that an attempt had been
made to kill Wayne Norman.
It was true, she said, that she had
been courting Norman before he mar-
ried Joyce Stone, but she declared
emphatically that neither she nor her
relatives bore any grudge against
Norman.
“It surprised me, of course.’ she
said, ‘when I heard he had married.
But I certainly didn’t grieve over it,
if that’s what you want to know.”
The girl’s father, who had been cut-
ting wood in the backyard, came to
the door and greeted the officers.
When informed of the tragedy, the old
man also expressed genuine surprise
and regret.
“We're not accusing anybody of
shooting Norman,” the Sheriff said,
“but everyone in these parts can be
considered as a suspect until we get
the whole thing cleared up. Do you
own a shotgun?”
The old man nodded his head. “But
if you're thinking that we had any-
thing to do with the shooting, you’re
wrong, Sheriff,” Blake told him.
“What gauge gun do you have?”
“Twelve.” The old man turned and
entered the house Presently he re-
turned, carrying a single barre] twelve
gauge shotgun. The Sheriff broke it
down and sniffed the barrel. There
was no indication that the gun had
77
Hs wae
18
Sheriff W. B. Somers
had to choose between
two types of jealousy to
learn the murder motive.
allies of a murderer. Yet this killer
contemptuously thrust them aside.
Under a brilliant sun, on the warm and
peaceful Sunday afternoon of June 12, he
struck, almost in the presence of wit-
nesses, and vanished,
It seemed incredible to Sheriff W. B.
Somers of Wilkes County, N. C. Three
persons had been within sight of the vic-
tim, had heard the blasting gunfire, yet
none had seen the phantom assassin.
An ambulance was trundling up the
dirt lane, and Somers again bent over the
man outstretched on the polished porch.
“Who did it, Wayne? Where did the
shot come from? Did you see anyone?”
he asked with desperate insistence.
DD iaties of 2 and stealth are the usual
But Wayne Norman, his white-shirted
bosom now drenched with blood, merely
groaned in reply. His breath, rasping and
hoarse, almost drowned out the sobbing
of his wife Joyce, who was standing near-
by. Then he began to speak.
“Joyce—was—gone. The shot—seemed
to—come—from nowhere ... I saw no
one... why—did—someone want—to kill
—me? Joyce,I...” Suddenly the hand-
some young farmer’s head rolled to one
side, and his body trembled briefly.
Barely had the body been placed in
the ambulance when Sheriff Somers began
probing the brazen murder.
This much was quickly learned: at
approximately 2:15, after finishing his
Sunday repast, Wayne Norman arose, lis-
tened to a
out to the
his favorite
tremely at
months, bi
A few min:
Martha St
mile south
Road, stro!
her husbar
them that <
Winifred
treated Joy
into nearby
the dishes ;
go with us;
get a coke
related Mr.
aE as las Eh es Oa ey SOR EE
ré
been fired at any time recently.
“Sorry to have bothered you,”
Somers said, as he and Purdue headed
to their car.
Meanwhile, Deputies Turner and
Pender had reached the home of Joyce
Norman's parents, who had already
received word of the tragedy. Mrs.
Stone appeared deeply grieved to
learn the news. Her husband, Bryant
Stone, invited the officers. to have a
seat.
“Make yourself comfortable,’ he
said. “I'll be back as soon as I feed
the chickens.” As Stone got up and
started to leave, he grasped his right
knee,
“What's the trouble,” Turner asked.
“I tripped over a tree root in the
woods this morning and hurt my knee.
It'll be all right.”
After Stone had left the room, the
officers plied Mrs. Stone with ques-
tions concerning Joyce’s past. The
girl had not gone with any boys, she
said, before marrying Norman,
“She had a few flirtations,” the
woman said, “But there was nothing
to them.”
Taking their leave, Turner and Pen-
der drove back to the Norman home,
where they were met by Sheriff
Somers and Deputy Purdue. Com-
paring notes, the officers agreed that
they were no nearer a solution to the
puzzling case than when they had
started.
With darkness fast settling over the
mountainside, Somers decided to call
a halt in the investigation until morn-
ing. Upon reaching North Wilkes-
boro, the Sheriff called the hospital
and learned that Wayne Norman was
still unconscious and sinking fast.
The next day found Somers and his
deputies at the courthouse bright and
early, eager to try and score an early
break in the case.
“Tm convinced that the assailant
took the shotgun with him when he
left the scene,” the Sheriff said. “But
what beats me is how he managed to
get away with a twenty gauge gun
without someone seeing him with it—
unless he hid it under his coat, pro-
viding he was wearing a coat in this
hot weather.”
“T’ve been thinking,” spoke up
Turner, “that the fellow might not
have fled into the woods like we sus-
pect. He might have circled the field
and returned to join the crowd al-
ready at the house, But in that case,
what did he do with the gun?”
“Maybe we should canvass the
whole countryside and have a talk
with everybody who knew Norman
and his wife,” Somers suggested.
“They may be able to tell us some-
thing that will throw some light on
the case.”
The deputies agreed that nothing
could be lost by following this angle
through. Reinforced by Deputies
Arthur Holland and Felix Lawrence,
Somers and the others headed back to
King Fire Mountain,
From house to house, the officers
trekked, firing the same question: Do
you know who might have had reason
to shoot Wayne Norman? The answers
were all the same.
None of the mountain residents
knew of any enemy that Norman
might have had.
The officers had questioned fully -
two dozen people when they finally
stopped at the home of a gaunt,
weather-beaten old farmer, who lived
about a mile from Bryant Stone. What
8 he told the officers made their faces
iS Oa ET EE wl es
light up with pleasant surprise.
“The only person that I know of
who objected to Joyce’s marriage,” he
drawled, “was Bryant Stone, Joyce’s
father. He was plenty sore about it.
It was common knowledge that Joyce
and Wayne had to meet on the sly
because Bryant objected to the differ-
ence in their ages. When the two got
married, it came as a complete sur-
prise to everybody. I guess they fooled
all of us. They acted like they loved
each other very much.”
Outside the house, Somers told his
deputies, “At least we’ve found one
person who objected to the marriage
of Norman and his young wife—Bry-
ant Stone. I can’t believe that Stone
would go so far as to commit a crime
of this type just because of that. Still,
it’s worth checking into.”
Continuing their canvass of the
mountain homes, the officers uncov-
ered: more information when they
found a middle-aged farmer, living
less than a half mile from the Norman
home, who told them: “Joyce and
Norman would have been happy if her
father had left them alone. He didn’t
like Norman one bit, all because he
objected to their marriage.”
The officers were on the verge of
leaving when the farmer called them
back. “You can take this with a grain
of salt, but shortly after Norman was
shot I passed Bryant Stone as I was
going to Norman’s house, He appeared
to be in a hurry for some reason and
was limping. His right leg was stiff-
like. When I asked him what was
wrong, he said he had stumbled over
a tree root. while helping the officers
look for the one who shot Norman!”
Somers and the other officers ex-
changed quick glances.
“By that statement,’ Somers told
his deputies, “Stone has talked himself
right into a charge of attempted mur-
der. Why, he wasn’t even around the
Norman house, as well as I recall,
when we first went to investigate the
shooting. If you ask me, I think he’s
the man we're looking for.”
As soon as the officers reached the
nearest phone, Somers called the hos-
pital in North Wilkesboro and learned
that Wayne Norman was dead. He
had succumbed to the shotgun wounds
without regaining consciousness. Now
it was a case of murder.
Losing no time, Sheriff Somers and
his men sped to the home of Bryant
Stone. As soon as Somers pulled his
car up in front of the house, the Sher-
iff saw Stone at the barn watering his
stock. And he was not walking with
a limp!
“What brings you back here?” he
asked, as soon as the officers .reached
the barn. “You found out who shot
Norman?”
“Not yet,’ Somers said dryly. “But
we have a pretty good idea who did
it.”
Looking down at the suspect’s right
leg, the Sheriff said: “Looks like your
leg got well mighty quick.”
“It wasn’t much,” he drawled, forc-
ing a grin. “I put some hot towels on
it last night and it was much better
this morning.”
“You're lying,” Somer rapped, eye-
ing him closely. “Your leg wasn’t hurt
in the first place. You faked that limp.
You faked it because you had the
shotgun concealed under your clothes
with the barrel down the leg of your
overalls. You shot Wayne Norman
and put the gun under your clothes
so no one would see it. Then you
cooked up the idea of faking a limp
so that people would think you really
got hurt. But you slipped up when
you told a neighbor that you hurt it
while helping us'look for the man who
shot Norman. You weren't even at the
house when we got there. You killed
him because he married Joyce after
you objected to it. Isn’t that the truth
in a nutshell?”
“No, it ain't,” Stone ranted.
you can't pin it on me.”
“Maybe not, but we’re going to do
our best to.”
While two deputies remained in the
yard with Stone, Somers and the
others began a search of the house for
the murder weapon. In a closet of
the bedroom, under a pile of clothes,
the Sheriff withdrew a twenty gauge
shotgun.
When shown the gun, Stone denied
that he had fired the gun in many
months.
Recalling the footprints which he
had carefully covered with a board in
the field near the Norman smokehouse,
Somers and the others escorted the
stony-faced farmer to the scene of the
crime,
Despite the heavy rain on the day of
the shooting, the footprints had been
well preserved. A comparison of
Stone’s prints with those in the field
showed that they matched! This was
damning evidence.
Despite lengthy questioning, Stone
denied that he had anything to do
with the shooting.
“We know that you killed your son-
“And
‘in-law,” the Sheriff said, “and we've
got enough evidence to send you to
the electric chair. We know that you
hated Norman. The hatred finally
smoldered into flames and you ended
up by getting your gun and going to
his home. You hid in the smokehouse
and then shot him when you got an
opportunity to. We know you lied
about being at the Norman house
helping us search for the killer. You
never came near the place because
you were hiding in the woods. You
might as well tell the truth about this
whole thing.”
But Stone merely pursed his lips
together and remained quiet. He was
lodged in jail at North Wilkesboro
pending action by the grand jury in
his case.
“Stone got the impression,” Somers
told his deputies, “that Wayne Nor-
man had wronged his daughter during
their secret meetings and from that
time on he nursed a grudge against
him.”
_ Bryant Stone, still proclaiming his
Innocence, went on trial for his life
in the Wilkes County courthouse in
North Wilkesboro on August 15, 1932,
before Judge J. V. Cowper.
_ Three days later a jury, after weigh-
ing the evidence, convicted him of
first degree murder. Judge Cowper
immediately sentenced him to die in
-the electric chair on October 28, 1932.
Executive clemency won him a stay
of execution, and his attorneys fought
bitterly to have the sentence set aside.
But the court ruled otherwise, uphold-
in the death senence.
On September 8, 1933, Bryant Stone
paid with his life in the grim wired
chair in North Carolina’s Central
Prison,
Thus ended Carolina’s bizarre case
of the Phantom Killer of Moonshine
Mountain.
The names of Ruth Parker, Jane
Evans and Mary Blake as used in this
story are purely fictitious to protect
innocent persons—EDITOR.
Se eee z
TIMI SR CI A
oS eA
A a eA
i scoala ot
en
, his white-shirted
with blood, merely
breath, rasping and
-d out the sobbing
was standing near-
speak.
The shot—seemed
ere. ..I1 saw no
yeone want—to kill
suddenly the hand-
head rolled to one
nbled briefly.
ly been placed in
ieriff Somers began
rder.
tickly learned: at
after finishing his
Norman arose, lis-
tened to a news broadcast, then strolled
out to the porch and seated himself in
his favorite rocker. Mrs. Norman, an ex-
tremely attractive bride of only seven
months, busied herself with the dishes.
A few minutes later, Winifred Lecky and
Martha Stokes, residing a quarter of a
mile south of the Norman farm on Siler
Road, strolled up. Mrs. Norman heard
her husband greet the girls and inform
them that she was in the kitchen.
Winifred and Martha went in and en-
treated Joyce Norman to accompany: them
into nearby North Wilkesboro. “I finished
the dishes and asked Wayne’ if he would
go with us; I said that we were going to
get a coke and see who was in town,”
related Mrs.. Norman. “He told me he
It was the old story of a
jilted girl, an angry brother,
a quarrel. Did Brice seek
vengeance with a _. gun?
(Photo posed by professional models)
ington Super X with
announced tersely. His
m the floor to the wall
slash of light showed.
peered through the
1 it the rocking chair
s plainly visible.
dental about our killer
house,” the sheriff said.
crack in the wall was
was lined up perfectly
favorite Sunday after-
ot.”
‘ination of the smoke-
nothing further that
as a clue. However,
which the slayer had
rouse on the Norman
is Turner discovered
nbush had been laid.
ow was clear. While
down the road and
ried to her husband’s
‘d from the, smoke-
-filled yard, scurried
yards into a thin
zached the highway
esboro to Winston-
vy rain, two well-
were still visible
he doorway of the
depth and width in-
considerable weight,
ormal size. At the
no less than four
e heelmarks were
at the killer had
murder weapon,
loyed every avail-
number of willing
the surrounding
lowever, the search .
Alibi Firm
d carried a shotgun
uzzled the investi-
had seen him and
'tted in Siler Road.
Turner and Pen-
' extensive canvass
,omers returned to
sro. There Deputy
Purdue made his report on Vince
Hamilton.
“He has an alibi as tough as the side
of a battleship. He attended church
services at the First Baptist until noon,
was in Read’s drugstore chatting with
some friends until nearly 1 o’clock, and
then went home. He had dinner, took
his wife for a drive, and got back at
4 o'clock. And that accounts for just
about every minute of his time.”
“How about his men—did he give
you the name of any employe who
might have argued with Norman about
the trampled melon patch?” asked the
sheriff.
“He claims none of them talked with
Norman about it, and that if the dam-
age was done by his men then he was
responsible. In fact, he claims that to-
morrow morning he intended settling
in full for the damage.”
Hamilton was chalked off as a sus-
pect. Shortly afterward Deputy Turner
called in. He had talked to Bryant
Stone, father of the bereaved bride,
who revealed that prior to Joyce’s
marriage to Wayne, she had been
courted by a handsome young salesman
in one of the local automobile agencies.
“Norman had a financial interest in
the agency,” related Turner, “and when
he learned that the salesman had been
going with Joyce, he fired him. Stone
claims that there had always been bad
feeling between the two. The guy is
Bill Gardner—lives out on Windhurst
Avenue.”
A call at the salesman’s home
brought the information that he had
been away since early that morning,
supposedly having driven to Greens-
boro to spend the day with a young
lady attending the summer session at
North Carolina Woman’s_ College.
Sheriff Somers telephoned his old
friend, Captain Homer W. Brannock,
chief of the detective division in that
city, and requested information on
Gardner’s whereabouts, with particular
attention to the time of his arrival in
Greensboro.
Beyond eliminating Vince Hamilton,
the lumber operator, from any connec-
tion with the case, the sheriff accom-
plished nothing further that night.
Early Monday—with no word yet re-
ceived from Greensboro—Sheriff Som- .
ers began investigating Wayne Nor-
man’s past life. In it he turned up an-
other possible murder motive.
Before his marriage Norman had
been something of a local Don Juan.
However, he had never permitted his
fondness for pleasure to divert him
from a goal set in youth. “I intend to
be able to retire when I’m 45,” he said.
Norman spent a year at a small
North Carolina college, then quit to sell
In her seven months of
marriage, insisted Joyce
« Norman {far left), noth-
.. ing had happened to give
. cause for the slaying.
} | Before his wedding young
‘}) Wayne Norman = (left)
_-\ had been something of a
"1 Don Juan in his town,
the officers learned.
used cars in Winston-Salem. Possessed
of a warm, attractive personality, he
was a successful salesman, so good that
he was able to persuade two business-
men in North Wilkesboro to set him
up in an auto agency there.
It prospered. He sold a half interest
in this business and bought a feed dis-
tribution plant. It also was a successful
business venture. Later he acquired
two farms, professing it his chief ambi-
tion to own and operate a chain of
produce farms and tobacco plantations.
At 37 he seemed well on his way to
making his fortune by the time he
was 45,
Jilted One Girl
“His marriage to Joyce Stone was
quite a surprise,” reported Deputy
Turner. “Not only was Wayne 20 years
older than his bride—she was merely
16 at the time, and he was 36—but
there was another girl, a beayty oper-
ator. Everyone figured Wayne would
marry Frances Pittman, but it was
Joyce, instead. Folks claim, though,
that he and Joyce were deeply in love.”
“How did the Pittman girl take it?”
Somers inquired.
“There was some bad feeling between
her family and. Norman,” Turner said.
“Some people figured it was mean of
Wayne to string her along for years
and then brush her off. Of course, she
didn’t kill him. A shotgun’s no woman’s
weapon, and besides we saw the killer’s
heelprints. Moreover, she’s working
down in Lenoir.”
“Doesn’t she have a brother by the
name of Brice?” queried Somers. “The
fellow we had up on a charge of assault
and battery in the Red Lion brawl
about a year ago?”
Pendry nodded. “That’s the one—he
lives in Wilkesboro. Married now, and
has a child. It just doesn’t seem logical
to think that he would wait all this time
to vent his spite on Norman.” —
Somers arose. “We can’t pass up any
bets. We'll drive over and see the
brother.”
Pittman was at home from his job as
a railroad dispatcher. A° ponderous
six-footer, he greeted the officials with
surprise, but invited them in.
He listened gravely as Somers in-
formed him of the nature of their mis-
sion. “Sheriff, I don’t mind telling
you that to some people Wayne Nor-
man might have been a tin god on
wheels, but to me he was just a smooth-
talking money-grabber,” he said. “I
made some nasty remarks when he
ditched my sister, but I didn’t kill him.
Killing never solved any problems, and
I know it.”
“Were you working yesterday around
2 o’clock?” asked Somers.
Pittman smiled wryly.
funny thing is, I was in North Wilkes-
boro about that time. Drove over to
see Sam Allen but he wasn’t at home.
Got a coke at the drugstore, then came
back here.”
“Anybody you know who could sup-
port your statement?”
Pittman frowned, as if trying to re-
member, “There were a couple of girls
in the store, but I didn’t know them.
The clerk—I didn’t know him either.”
“Do you mind if I take a look at the
shoes you wore yesterday?” asked
Somers. Pittman brought out a pair
of brown slippers from a closet. They
were size 11, but without any dirt or
weed particles clinging to the heels.
“Didn’t you get caught in the rain?”
inquired the sheriff.
Pittman replied that when the shower
broke he was on his way back home,
and said he stayed in his car until the
squall was over. After receiving Pitt-
man’s statement that he had never
owned a shotgun, the sheriff departed.
Although dislike of Wayne Norman
and his proximity to the murder scene
.made Pittman a possible suspect, a
call at the home of Sam Allen, a local
contractor, tended to clear him. Mrs.
Allen confirmed Pittman’s inquiry for
her husband on Sunday afternoon.
However, she was unable to name the
exact time he was there.
Plea For Justice
Returning to his office, Sheriff
Somers learned that Captain Brannock
had left word that Bill Gardner, the
former suitor of Joyce Stone, had not
been in Greensboro. Moreover, the
girl whom he supposedly had intended
to visit informed the Greensboro detec-
tives that she had not had a date with
Gardner, nor had she seen him, since
the previous (Continued on page 44)
“No, the.
21
“SWEETHEART”
SIMULATED DIAMONDS
The Perfect Bridal Pair
BOTH $2-95
FOR
One Ring $1.89
Gold Pilate! Perfect rep juc-
ngs! A sensational value
ntaking richness and beauty!
ORDER NOW!
add nd ring size
SENDNO MONEY! @8"9 220°Sr tring), *pay, postman
C.0.D, plus tax and postage. Y co. bE f not delighted.
os
CHARM JEWELRY C PT. 13
7 WATER ST., BOSTON, MASS.
INVENTORS—it you
gh ogee PATENT
may take steps to
pn it with a U. S. Patent which gives you the right to
exclude others from making, using and selling the in-
vention as claimed. Detailed information and steps to
take to secure Patent Protection will be mailed to you
promptly without obligation. Victor 3. Evans & Co.,
Merlin M. Evans, Registered Patent Attorney, 238-3
Merlin Bidg., Washington 6, D. C.
SELL
PERSONAL
CHRISTMAS
1 ng en A Christmas ©
value Persona ristmas
CARDS Cards, 25 for $1 with name. Friends,
others buy readily. Big profit for you.
Also a A sree ane or
ments, Everyday Cards, Stationery, etc.
No experience needed, Write for FREE
5 0 for $]]
Tersonal samples.
FREE
~ SOUTHERN GREETING CARD CO
SAMPLES Sccait Bidg.Dept.L-37/Memphis3,Tenn-
“How to Make Money
With Simple Cartoons”
A book everyone who likes to draw should
have. It is free; no obligation. Simply address
CARTOONISTS’ EXCHANGE . 1
Pleasant Hill, Ohio
Dept. 58
LEARN MEAT CUTTING
At Home —!In Spare Time
Get into the vital meat industry, Con-
cise, practical Home ep entnnlets, bared on 25
ears proven instruction methods used at
‘ational’s famous resident school. Pre-
ou for bigger pay as Meat Cutter,
or more
rket er
re, Go as_ rapidly
mits.
LOCKSMITHING.S KEY MAKING.
pick decode FOo
| How t visit. service, otc. 68 easy illustrated self-
for
AND CLOCK REPAIRING
WATCH My. ci85y, Reales
fray Gia Sooo SSNS
: ; AND
AGAZINES 5:
BACK-DATED | UP
Magazines of all publishers. Bargain prices. Western—
Romane Mer eae ect TO ane Graney — Art
— raphy — Physica! — — Art—
Forelun—Te nleal—-ete. Also books, booklets subscriptions,
‘pin-up photos, ete. Before ordering send 10c for catalogs
to cover mailing charges, Dime refunded on first order.
CICERONE'S MAGAZINE CENTER
863 First Avenue, Box AA New York 17, N. Y.
FEET KILLING YOU?
PROMPT RELIEF OR NQ PAY!
If walking or standing is torture send for
Foot-Rite Cushion Comfort Insoles.
ave brought foot joy to thousands suffer-
ng from corns, callouses, tender heels,
pains eaused ch
Cushion Comfort
=
‘ing-j rt weak arches. t
-jars, suppO! *
spongy-ventilated-detachable, GUARAN-
TEE: Wear 30 cam If not delighted
return for eee nd n money. Fa
an $1. us Ze .0.D.
aeae ive shos and whether. for
man or woman, Order today!
FOOT-RITE PRODUCTS CORP.
3560 Broadway, Dept.mi0,N. Y. 31, N. Y.
advanced in courts every day in the year.
Thus Raymond Porter, arrested in Phila-
delphia for carrying a blackjack, solemnly
assured the magistrate that he used the
weapon only to hunt rabbits, and that he
was on his way to. the rabbit fields at the
very time the cop picked him up.
“How do you kill rabbits with a black-
jack?” the court demanded.
“By waylaying them,” the prisoner re-
plied. .
“I see,” the judge acknowledged. “Well,
I can suggest even a better way than that
to kill them.”
“What's that?”
“Tell them what you’ve just told me,”
the jurist replied, “and they’ll laugh them-
selves to death.”
Then there’s Michael Minchelli, of
Brooklyn, who didn’t steal the police car,
but’simply sat in the front seat with his
hand on the wheel because he liked to
listen to police calls.
‘ And another Michael, this time Dono-
van, who, with a flashlight, was looking
for his dog which had strayed into a
strange home—through a jimmied window.
And the scores who—with their pockets
full of loot—“just ran because. they saw
everybody else running.”
Psychologists contend that it is a char-
acteristic of human beings to attribute to
the other fellow failings which they them-
selves possess. Maybe this isn’t universally
true. But the overwhelming weight of
evidence certainly proves it to be so m-
sofar as the generality of crooks is
concerned.
And the much-abused cops, incidentally,
have an unanswerable come-back when
criminals call them dumb. It is, “We were
smart enough to catch you.”
Murder Blasts
a Bridegroom
(Continued from page 21)
April when they had broken up after an
argument.
Gardner was still missing from his home
in North Wilkesboro. His aunt, with whom
he .lived, could not understand where he
might be. Sheriff Somers put out a state-
wide request for his arrest.
Deputies Felix Lawrence and Arthur
Holland, in trying to trace the réd-jacketed
Remington shotgun shell, found that no
merchants in Wilkesboro or North Wilkes-
boro could recall a recent purchase of the
shells loaded with No. 1 shot. A few boxes
were sold during the hunting season, but
in June they were in no more demand than
antifreeze solutions.
On the following day Wayne Norman was .
buried. Sheriff Somers and his deputies
watched the last rites, When the dirt was
piled over the grave, Bryant Stone left the
side of his sobbing daughter, and raised his
hands for attention. ..
Stern, erect, his. gray-brown hair raised
by the breeze, he voiced a plea that the
“good officers of this county bring thjs in-
human killer to justice. If anyone has any
information that will unveil this dastardly
fiend, come to me at once. As for me, I
shall never rest until the murderer of Way-
ne Norman is brought before the bar!”
As the crowd silently began to file to
waiting cars, Sheriff Somers approached
the father-in-law of the victim and thanked
him for his determination and help. “I
meant what I said, sheriff,” returned Stone,
his slate-gray eyes flinty. “A cold-blooded
killer is on the loose in this county. He’s
wrecked miy daughter’s happiness and I,
for one, will do everything to expose him.
How about that Bill Gardner—find any
trace of him?” 4
Somers conceded that the youth was still
missing, but was hopeful that he would be
found.
“But if ever there was a man jealous of
Joyce, Gardner was it!” Stone ranted
“Why, he once told Joyce that if she ever
left him, he’d kill her and then commit
suicide!”
About an hour later a small coupe drew
up in front of the white-columned Wilkes
County courthause. Somers watched a
neatly-dressed youth bolt from the car and
hurry up the broad expanse of walk. It
was Bill Gardner.
The youth’s face was flushed and angry.
“I’ve just heard I’m being hunted from one
end of this state to the other!” he burst out.
“What’s it all about?”
“Calm down, son, we’ve got a murder on
our hands, and.. .”
“Yes, I know, Wayne Norman—but I had
nothing to do with that!”
“You were going with Joyce Norman be-
fore she married Wayne, weren’t you?”
Gardner conceded that he had been. He
also admitted that he might have made a
remark about “murder and suicide” if
Joyce ever left him, but he said this was
not meant seriously.
“Wayne’s father-in-law, Bryant Stone,
tells us that you were intensely jealous of
Norman, and-that you had quite an argu-
ment with him. How about that?”
“I don’t recall any argument with
Wayne,” Gardner denied. “I quit of my
own accord. As for Stone saying I was
crazy jealous of Joyce, I think the shoe
was on the other foot. ;
“The jealousy was mostly Stone’s. He
’ was crazy about the girl, thought that no
man was good enough for her. He didn’t
want me or anyone clse going with her.
He raised hell every time she dated me.
When it came to Wayne, Joyce told me that
up until their marriage she was never per-
mitted to see him. Wayne built a letterbox
in the pine grove near her house, and they
would exchange love letters that way. One
day Joyce’s father followed her to the box.
_ He tore it down and sent her home.”
Sheriff Somers wondered about this.
Could the quaint, forbidden courtship in the
forest have any bearing on the murder?
Was Gardner attempting to squirm from
under suspicion by implicating Stone,
whom he obviously disliked? Was abnor-
mal father-love the fantastic motive for the
Sabbath assassination?
* Salesman Cleared
Warning Gardner to remain in town,
Somers arranged with a relative to call
Joyce Norman to her home at 9 o’clock the
following morning. Then he dispatched
Deputies Holland and Lawrence to check
on Gardner’s alibi that at the time of the
murder he was in Mount Airy having din-
ner with a friend, whom he had named,
along with several others.
Shortly before midnight the deputies re-
turned from their 90-mile round trip to
Mount Airy with confirmation of the
youth’s story. Sheriff Somers promptly in-
formed Gardner that he was absolved of
any connection with the crime.
The following day Joyce Norman met
the sheriff in the relative’s home.
“Mrs. Norman,” began Somers, “I’ve got
to ask you certain questions that might
cause you some embarrassment. But my
duty is to find the man who murdered your
husband. And I want you to tell me the
truth. Now, did Wayne build a letterbox
in the pine grove near your house because
your father objected to his seeing you?”
“Yes, that is quite true. My father found
out about it and tore it down.”
“Did he oppose your marriage or did he
finally forgive you?”
“He oppos
my marriag
nothing but
difference i
He...” Suc
pose of this
off in tears.
“No, no! I
to do with
“Why, he ev
He bought 1
harm Wayn:
time?”
Joyce mad
conceded. Hc
Stone was st
The sherif
and sat alone
program to !
than suspicic
rest Bryant
was a power
and his repu
blemished. £
“We've got
mitted. “Sto:
of his daugh:
way to make
our killer.”
“It strikes 1
“that we cou.
farm the day
figure it, the 1
hid in the sn
up the road,
the grove anc
Road. Whoe
probably paid
a lot of peop
even have cor
the scene. FE
give him awa:
He paused.
waiting for Fe
“That rain,”
ducked in ov
killed Wayne,
caught in the
have been we
The officers
then they tal!
farmer living
do recall,” Sp:
up the road t
an hour and a
Myers was he
Bryant Stone.
and we asked
he’d twisted |}
search the wc
Wayne...”
“His clothes,
“Did you notic
“They were
called. “It hac
_ Myers, anotl
ing seen Stone
up the road. }
pocket, Myers
“That’s it!”
how the shotgi
der scene. St
pants leg. It 1
leg stiff.’
Sur
Within a fe
were at Stone
in a large, we
them to the °
asked him blw
“Why, no,”
years ago, but
“You don’t
place, do you
“We're huntin;
“Are you ac
demanded ang
“No,” said S
going around.
there’s no gu:
er nen A a aR a ae Ta aA WAP SB th RRR 8 is (ew ATRIA CS Sh ER NR
.
would rather finish the Sunday papers,
that it was cooler on the front porch,
and for me to take the car and go with
Winnie and Martha. ,I had just pulled
away when I heard the shot, and then .
Wayne was on the porch with blood
all over his face and shirt.”
The young. bride had seen no one
around the place. The two girls had
jumped from ‘the car and fled to their
homes, returning. later when their
screams drew several neighbors to the
scene,
* «Just. as Sheriff Somers turned his
attention to the two. girls a machine
swerved up before the white farm-
house, bearing Deputies Paris V. Tur- .
Mire rae)
At his son-in-law’s © funeral, Bryant
~ Stone addressed the mourners, pleading
for justice. His prayer was answered.
ner, Moody Purdue and Garnet S.
Pendry. ,
Pendry hauled two bloodhounds from
the tonneau. The dogs circled in the.
outer yard, then struck off across a
field of young, knee-high tobacco
plants. Perhaps, the sheriff thought,
they would quickly run the killer to
earth. But & peal of thunder drowned
his hopes only a few minutes before a
downpour washed out the fugitive slay-
er’s scent, and the dogs gave up.
Smokehouse Ambush
The shower forced the investigators
to retreat to the house. There Sheriff
Somers resumed his questioning of Mrs.
Norman, learning that her marriage
had not been marred by any untoward
event, and that although she had been
wooed by several young men in Wilkes
County she could think of no former
suitor who might be suspected of the
cold-blooded assassination of her
husband.
However, she did recall that three
weeks earlier he had had an argument
with Vince Hamilton, who leased a
lumbering tract adjoining the Norman
farm.
“Wayne found a whole field of: his
melon plants‘trampled, and accused one
of Mr. Hamilton’s haulers of having
done it,” the widow explained. “Mr. |
20 Hamilton said none of his men was
responsible. My husband saw a lawyer
about suing him for the damage.”
Deputy Purdue was dispatched to
learn. whether this quarrel might have
been responsible for the shooting.
Questioning of Winifred Lecky and
Martha Stokes brought out: only that
both girls were positive no one was in
the field opposite the porch just before
ot just after the shooting, since the
foot-high tobacco plants would not
have concealed the attacker. The for-
est, sloping towards King Fire Moun-
tain, one of the legendary peaks of
North Carolina, could have provided
easy concealment, but the first trees
were over 500 yards away.
Deputy Felix Lawrence exhibits the mur-—
der weapon. How had the slayer man-
aged to.leave the scene with this gun?.
Colonel Charles Goforth, white-
haired, courtly-mannered owner of the
spacious Pinecrest Farms, adjoining
Nortnan’s place, had been the first
neighbor to reach the Norman home
after hearing the girls’ screams. He,
too, said he had seen no one fleeing.
After briefly trying to comfort the
bride, he had telephoned for an am-
bulance and the sheriff.
“Two other neighbors, who had ar-
rived at the scene shortly after Colonel
Goforth, Edward Everley and Westley
Smith, also informed the sheriff that
they had observed no one running
away from the premises—no one but
the neighbor girls.
__ The rain slackened and Somers eyed
the terrain around the farmhouse.
There was a lawn on three sides, with
the tobacco field beyond the front yard,
just past the winding strip of lane
known as the Siler Road, and a corn
‘patch far to the right. To the left was
the wall of a log smokehouse.
“Anybody looked in there yet?” he
called to Deputies Turner and Pendry,
questioning lately-arrived neighbors on
the porch. No one had.
Somers entered the smokehouse.
Deputy Turner, following him, pointed
to the base of the wall that faced the
porch of the residence. He walked over
a. poner up a red-jacketed shotgun
ell. '
.
.
‘Iv’s a Remington Super X with
No. 1 shot,” he announced tersely. His
eyes swung from the floor to the wall
where a wide slash of light showed.
Sheriff Somers peered through the
crack. Through it the rocking chair
on the porch was plainly visible.
“Nothing accidental about our killer
using the smokehouse,” the sheriff said.
“He knew that crack in the wall was
there and that it was lined up perfectly
with Norman’s favorite Sunday after-
noon reading spot.”
A quick examination of the smoke-
house revealed nothing further that
could be tabbed as a clue. However,
the manner in which the slayer had
Entering a smokehouse on the Norman
farm, Deputy Paris Turner discovered
how the deadly ambush had been laid.
made his escape now was clear. While
the two girls ran down the road and
Joyce Norman hurried to her husband’s
side, he had leaped from the smoke-
house into a weed-filled yard, scurried
approximately 50 yards into a_ thin
grove, and then reached the highway
leading from Wilkesboro to Winston-
Salem.
Despite the heavy rain, two well-
defined heelmarks were still visible
seven feet from the doorway of the
smokehouse. Their depth and width in-
dicated a man of considerable weight,
with a foot of abnormal size. At the
rim of the grove no less than four
more of the same heelmarks were
found, ~
In the hope that the killer had
thrown away. the murder weapon,
Sheriff Somers deployed every avail-
able deputy and a number of willing
neighbors through the surrounding
fields and woods. However, the search
proved fruitless.
Neighbor's Alibi Firm
How the slayer had carried a shotgun
away unobserved puzzled the investi-
gators. But no one had seen him and
no car had been spotted in Siler Road.
Leaving Deputies Turner and Pen-
dry to make a more extensive canvass
of the entire area, Somers returned to
‘his office in Wilkesboro. There Deputy
Purdu:
Hamilt
“He
of a }
servicc
was in
some f
then wv
his wi
4 o’clo
about
“Hoy
you tl
might
the tr
sheriff.
“He
Norme
age wi
respon
morro:
in full
Harr
pect.
called
Stone,
who 1
marria
courte
in one
“No:
the ag«
he lea:
going
claims
feeling
Bill G
Avenu
A.
broug!}
been
suppos
boro t
lady a
North
Sherif}
friend,
chief (
city,
Gardn
attenti
Green:
“He opposed it very much. He said that
my marriage with Wayne would bring
nothing but disaster. He claimed that the
difference in our ages was too much.
He...” Suddenly, as she sensed the pur-
pose of this line of questioning, she broke
off in tears.
“No, no! I can’t believe dad had anything
to do with killing Wayne!” she sobbed.
“Why, he even helped us fix up the house.
He bought us some rugs. If he meant to
y harm Wayne, why did he wait all this
° time?”
4 Joyce made a strong point there, Somers
conceded. However, by now his suspicion of
Stone was stronger.
The sheriff dismissed the young widow
ys and sat alone for a time, pondering the best
program to follow. He would need more
than suspicion, no matter how firm, to ar-
rest Bryant Stone. The man had money,
was a powerful leader in the community,
and his reputation until this time was un-
id blemished. Somers called in his deputies.
“We've got only this to go on,” he ad-
ani mitted. “Stone was extraordinarily jealous
of his daughter. And he went out of his
Te way to make us think young Gardner was
by our killer.”
if “It strikes me,” put in Deputy Lawrence,
ba “that we could look for a clue back at the
farm’ the day of the murder. The way I
1€, figure it, the man who shot Wayne Norman
of hid in the smokehouse until the girls ran
u- up the road, and then he scooted back to
. the grove and finally went on down Siler
ith Road. Whoever saw him by that time
ny probably paid little attention. There were’
vas a lot of people about. The slayer might
10€ even have come back and been with us at
the scene. But there’s one thing would
He give him away.”
er He paused. The others remained silent,
in’t waiting for Felix Lawrence to explain.
rer. “That rain,” the deputy went on. “We all
me. ducked in out of it. But the guy who
hat killed Wayne, according to my notion, was
er~ caught in the squall. His clothes would
box have been wet.”
hey The officers began backtracking. It was
One then they talked with Sanford Sparks, a
90x. farmer living near the Norman place. “I
. : do recall,” Sparks said, “a man coming by
this. ° up the road that afternoon. It was about
1 the an hour and a half after the shooting. Carl
der? Myers was here talking with me. We saw
rom Bryant Stone. He was walking stiff-legged,
-one, and we asked him what happened. He said
nor- he’d twisted his left ankle while helping
v the search the woods for the man who shot
Wayne...
“His clothes,” Sheriff Somers interrupted.
“Did you notice them?”
“They were soaking wet,” Sparks re-
own, called. “It had rained awhile before.”
— call Myers, another farmer, remembered hav-
« the ing seen Stone making his way stiff-legged
iched up the road. His left hand was kept in his
check pocket, Myers said.
f the “That’s it!” Somers exclaimed. “That’s
- din- how the shotgun was taken from the mur-
med, der scene. Stone had it thrust down his
pants leg. It made him walk with his left
2s es leg stiff.”
rip to
ty sie Surprise In A Trunk
‘ed of Within a few minutes the investigators
were at Stone’s spacious white house set
1 met in a large, well-kept lawn. He admitted
them to the living room, where Somers
ve got asked him bluntly if he had a shotgun.
might “Why, no,” Stone replied. “I had one
ut my years ago, but sold it to aman...”
d your “You don’t mind if we look over your
ne the place, do you, Bryant?” Somers asked.
terbox “We're hunting for a gun.”
ecause “Are you accusing me of lying?” Stone
ru? demanded angrily.
‘found “No,” said Somers. “But there’s a. story
. going around. We've got to search. If
did he there’s no gun on the premises, you’ve
nothing to fear. Then we can stop this
gossip.”
There was nothing Stone could do but
agree to the search. It was made, but no
weapon was unearthed. Then Somers came
upon a trunk in a bedroom and ordered
Stone to unlock it.
In the big box the sheriff pawed through
piles of garments, a set of curtains, packets
of old letters, until he came to a layer of
tobacco leaves.
“I put ’em in to keep the moths away,”
Stone explained. “Please don’t disturb
them.” ~
The leaves, the sheriff noted, were green.
They had been piled in the old trunk re-
cently. He thrust a hand into them and
found cold metal. When he arose he had a
dismantled shotgun in his hands.
“That—that’s an old defective gun,”
Stone stammered. “I’d simply forgotten
about it.”
Somers reached into the trunk again.
“And these,” he sneered, “I suppose are
old defective shells. Red-jacketed No. 1s.
Remingtons. You know what they mean,
don’t you, Bryant?’ You’re under arrest
for murder.”
Bride's Father Guilty
No amount of questioning could break
Bryant Stone’s calm denials of the charges
against him. Hours were spent in his inter-
rogation, hours during which a crowd gath-
ered around the courthouse as news of his
arrest spread.
“You're a hypocrite,” Sheriff Somers told
the contemptuously smiling prisoner. “A
hypocrite and a liar. You pleaded at the
funeral for informers to come—to you.
Even then you feared you couldn’t involve
Bill Gardner in this crime. But you hoped
some gossip would bring you a better story,
and you could stick some poor innocent fool
with the murder.
“You lied to Sanford Sparks and. Carl
Myers. You weren’t with us at the Norman
place. You were out in the woods, where it
was raining, trying to make your getaway.
“You planned this deliberately. You
waited seven months so everyone would
have the impression that you’d forgiven
Norman for marrying your daughter. But
you made a mistake, getting your clothes
wet and walking stifflegged past two wit- ‘
nesses.”
Stone turned toward the window, where
the noise of the mob could be heard. “The
sound like a pack of jackals, don’t they?”
he said mockingly.
Bryant Stone was indicted for the mur-
der. One month later, on August 15, 1932,
he was brought to trial in Wilkes County
superior court. For five days as large a
crowd as the courtroom would hold
watched the bitter drama of daughter ar-
rayed against her father for her husband’s
death.
Stone did not take the stand. His attor-
-neys based their defense upon attacks on
the testimony of the state’s witnesses. The
case against Stone was circumstantial, but
strong enough that'the jury found him
guilty as charged after four hours of
deliberation. :
Judge G. B. Cowper sentenced Stone to
death in the electric chair. The defense
attorneys ge GBT. but after a year their
battle was lost. On September 8, 1933,
Stone was executed in the prison at Ra-
leigh. When asked if he had a last minute |
statement, he shook his: head and, cold-
eyed and unrepentant, sat in the ponderous
oaken chair reserved for murderers.
Eprror’s Nore: To spare possible embar-
rassment to innocent persons, the names
Vince Hamilton, Brice and Frances Pitt-
man and Bill Gardner, used in this story,
are fictitious. :
WY Kentucky Tavern
SS7 Barbecue AshTray!
ALSO AN INCENSE BURNER,
It’s different! It’s beautiful!
It’s useful and attractive for
29) home or office. Handcolored to
4 jook like renl firestones. Smoke
curls out the chimney, Holds a
generous supply of cigarettes
und matches. Has metal
AI fireplace grill cover which
4 lifts out to remove ashes.
rey Meal gift. $1.98 price in-
rise cludes package of incense.
SEND NO MONEY! Just Rush This Coupon!
1 LENS mEnenANeseaenE: fires 0°
l O Rush ne tbe Barhecue wt ‘Tray COD for $1.98 on i
| your money back guarantee offer, ’
NAME
| ADDRESS j
vii Carry a pair of GENUINE
Z BRAH A RED LIVE
7 HIGHLY MAGNETIC
LODESTONES! Legend re-
2% putes, Occult Oriental an-
“es cients superstitiously carried
two Live lestones as MOST
POWERFUL MAGNETIC
; AS “LUCKY”? CHARMS, one to
h, \ SYs3 ‘ “attract’’ Good Luck in
ahs r oney, Games, Love, Busi-
ness, Work, etc., the other to ‘‘prevent”’ Bad Luck,
Losses, Evil, Trouble, Harm, etc. Believe in Luck?
Carry a Pair of these curious Genuine Brahma Red
Live Lodestones! We make no supernatural claims,
$1.97 Postpaid for the two, with all information.
$1.97 and 27c extra if C.O.D. Satisfaction GUAR-
ANTEED or Money Returned. Order yours NOW!
ASTROL CO., Dept. X-20, Main P. O.
Box 72, BROOKLYN, N. Y.
of imitati We 1
NOTICE!
the:
se n are ALIV We believe
they are i“ what you want, the REAL THING-—POWE
DRAWING, EXTRA HIGHLY MAGNETIC! wally Guaranteed—
Copyright 1937—A, Co.
STUDY AT HOME for Personal
Success and LARGER EARN-
INGS. 38 years expert instruc-
tion — over 108,000 students en-
rolled. LL.B. Degree awarded. All
text material furnished. Easy pay-
ment plan. Send for FREE BOOK
—Law and Executive Guidance”
—NOW! :
AMERICAN EXTENSION SCHOOL OF LAW
Dept. 80-0, 646 N. Michigan Ave., Chicago 11, Ill.
ILLUSTRATED COMIC BOOKLETS
Sell our ILLUSTRATED COMIC BOOKLETS
and other NOVELTIES, Each booklet size 444 x
23%. We will send 25 assorted booklets prepaid
upon receipt of $1.00 or 75 assorted booklets sent
prepaid upon receipt of $2.00, Wholesale novelty
price list sent with order only. No orders sent
C.0.D, Send Cash or Money-order.
REPSAC SALES CO. :
| West 13th St., Dept. 33-J, New York 11, N.Y.
LEARN Scientific
Crime DETECTION
cOrnprenene as explicit -Qur graduates head Laboratories
> ificath
BI and al .
this ble, LIFETIM PESSION! qual:
ity as a Court Expert. Fingerprints (inc, ' Classification),
Microscopy, Ballistic, andre’ Kronor all, Full Go:
operation after yo' te, Free ¥ no obliga
tion, WRITE TODAY,
INTERNATIONAL CRIMINOLOGIST SCHOOL, Estab. 928 .
HP. Wunderling, Prin., P. 0. Box 343, Seattle, Wash., U.S.
CARPENTERS
AND BUILDERS GUIDES
Ly
Zz
i)
low to baild furnita low to use 2 mitre box—How
2 — to.use rules and scales —
to @ joint ving mensu
rat blema—Ext: of timbers—How
set girders and sills—How to frame and roof:
low to build houses, barns
and draw —
jow to estimate rf ca-
Beeea ss ited at ede tease
bai and scaifoldeshylighte ow topolld stairs
Pay put on tn! to ne doore—H 7
Fe et ea eRe COUPON below.
cau anna Seat ei aes as sas toes aan oom
—
DEL, Publishers, 49 West 23rd ST., New York 10, N.Y.
Mail Aade! ters and Builders Guides, 4 voln., on 7 free
1 APO.R Pill remit 1 in 7 and $1 monthly’ 4
Stherwise will retare thera, No 0 pony fey hig
Pb even.
Oo
4 n DELL
(
Our HOME STUDY courses are world famous: Are practical,
45
‘
HE call had found Sheriff W. B. Somers of Wilkes County,
North Carolina, sprawled out on the livingroom couch,
awaiting a summons from his wife to a eSunday dinner
featuring his favorite. dish, chicken and dumplings. With a
sigh, he got up, strode across the room, and picked up the
receiver. “Sheriff Somers speaking,” he said listlessly.
The man at the other end was anything. but listless. “This is
Bob Porter over at King Fire Mountain,” he gasped. ‘“I think
you’d better get out here in a hurry. A man’s just been shot, and
from the looks of him, he’s not going to’ be around long.”
“What man?” Somers demanded.
“Fellow by the name of Wayne Norman,” Porter retorted. “You
can’t miss his place. It’s the first farm you hit after you turn off
Route Four at the crossways.”
“Any notion who did it?”
“None at. all. He was sitting out on the front porch with his ©
wife and some company when a.shotgun blast out of nowhere
cut him down. It might be a good idea to bring along
the dogs.” ,
Somers didn’t dally. Hurriedly ringing off, in quick order he
phoned Deputies Paris Turner, Moody Purdue and Garnet Pendry,
and directed them to stand by. Anda quarter of an hour later the
four law men, along with “Petal” and “Josie,” Pendry’s expertly-
trained bloodhounds, were racing toward the tiny community of
King Fire Mountain, 12 miles distant:
A sizable crowd of somber-faced inhabitants of the area were
gathered in front of the Norman farmhouse when the officers
pulled up shortly after one o'clock on that peaceful Sunday after-
noon of June 12th. Informed by Porter, who hurried over to
meet them, that the wounded man had just been carried off in
an ambulance dispatched from
the North Wilkesboro Hospital
they lost no time deploying the
dogs to pick up the fugitive. gun-
man’s trail.
Given the command, the hounds
loped off in a southerly direction:
For a moment.or two they circled
aimlessly, sniffing the air and
baying. Then, abruptly about 150
yards from the house, they picked
up a trail and leaped forward with
a joyous whoop toward a nearby
cornfield. : mt
Five minutes later, Pendry, who
was in the van, let outa cry of
disappointment. The leaden skies
overhead had suddenly opened up,
releasing a torrent of rain of such
magnitude that within a matter of
seconds it had completely obliter-
ated the trail. Accordingly, there
was nothing to do but abandon the chase. ~ -
Back ‘at the house, the officers found the shooting victim’s wife
stretched out on a sofa in a state of near-hysteria. Duly braced
by Somers, the attractive young blonde made a brave effort to
pull herself together:
“He was shot right before my very eyes!” the comely matron
sobbed. “I just can’t believe that it really happened!”
By, dint of patient questioning, the officers managed to extract -
an account of the shooting. As information went, it wasn’t
very- much. ,
Together with a couple of her girl “chums,” she had been sitting
out on the front porch chatting ith her husband. . Suddenly a
shot exploded out of nowhere, sending her husband crashing to
the porch floor. The reverberation of the blast and her screams
had-brought the entire neighborhood converging on the house and
had sent her two friends sprinting for their homes in a
mear-panic.
Questioned as to_a possible motive for the shooting, the young
matron could only shake her head in total bewilderment.. ““Every-
body liked Wayne,” she sobbed. “That’s why the whole thing’s so
insane. Jt just doesn’t make sense.” And she turned away and
buried her face in her handkerchief.
Half a dozen more questions and answers soon convinced the
officers that ‘they had learned all that they could learn’ from the
A shotgu!
happines
ofa par
by 3- Ww.
distraught’. young _woman—at least
for the time beimg. Accordingly,
after assuring her that: they would
do everything in their power to bring
her. husband’s assailant: to justice,
they started for the door. pos
-Back out on the front porch, {
_ Somers surveyed the immediate land- Bs
scape speculatively for a moment.
Several yards away, to the west, was
the road. To the cast lay fields of
corn, the stalks barely knee-high,’
hardly thick. enotgh or tall enough’ :
to conceal a man. Approximately 90 a:
feet away to the south, facing the
porch, was a smokehouse, a small, -« ¥’
log affair typical of the area.
“I think maybe we'd better have a
look at that smokehouse,” Somers *
remarked finally, his eyes narrowing
suddenly. “I’ve got a hunch we might
turn up something real interesting in
there.” And beckoning to his deputies
to follow, he stepped out into the
rain and started for the log building.
Somers’ hunch was soon substan-
Wieden
Wayne Norman (photo at the
right) was shot dead on his
own porch by a hidden sniper.
» blast tore the
5s oul of the lires
a4
owly scods -
of m
@t. CLAIR
tiated. An)examination of the small outbuilding turned up two
powder-burned and scarred logs, about waist-high from the- ground.
and an exploded shell lying on the floor. The story was all too
plain; the phantom attacker had concealed himself in the smoke-
house, waited for the right moment, and then pulled the trigger.
Dropping to his haunches, Somers squinted through the aperture
between the logs. “He had Norman’s chair lined up perfectly,” he
said grimly. “He couldn’t miss. At this distance, though, it’s a
wonder one of the women didn’t get part of the load.”
Deputy Turner examined the shell. “Remington Super X,” he
muttered. “Looks like it would fit a twenty-gauge gun.”
The sheriff gave the shell a quick once-over. “It’s a twenty, all
right. No two ways about it.” . :
A fine-tooth-comb search of the smokehouse producing nothing
else in the way of clues, the officers prepared to depart. Outside
they were met by Porter. “I just got the news over the telephone,”
he said. “Wayne Norman’s dead.” 4
The officers’ work was. now cut out for them. In the light of the
circumstances surrounding the killing, the logical next step was
to scour the immediate vicinity, in hopes of turning up someone
who had witnessed the killer’s flight or had noticed anyone acting
suspicious just before or after the shooting. Duly carried out,
however, a three-hour canvass of the area netted nothing in the
“way of pertinent information.
yce going around
of the house and.
would only break
ning in his power
eared for several
he house again.”
vt talked to this
zep for a while.
me’s Eben Snow,
‘d better have an
ing up. ‘“Wayae
as cooled by a
', Was sitting on
t of his visitors,
unched right in,
~
oa
a
Arrow No.
points to smokehouse. Arrow
No. 2 to roofed poreh where the victim died.
taking the situation by the horns; “Sure wish I could Help you, but
: the truth of the matter is there’s not a blessed thing I can tell you.”
“We'll be the judge of that,” Somers came back.. “Meanwhile,
you don’t deny being crazy in love with Wayne Norman’s wife
before she was married, do you?”
Snow’s face clouded abruptly. “Well, I did have quite a crush
on her—same as some other fellows in town, if that’s what you
mean,” he replied haltingly. “But I wasmt+exactly what you'd
call ‘crazy in love’ with her.”
At a skeptical snort from the sheriff, the youth reddened and
went on. “Oh, I know there was gossip going the round about
my leaving town when she got’ married. But it’s not really true.
I left town, all right, but that’s not why I left. It so happened
that an offer of a good job came my way just about that time and
I snapped it up. However, the job didn’t pan out the way I
expected, so after a couple of weeks I quit-and came back home.
If you don’t believe me, you can check with my. former boss
over at Independence. ‘
“We've got witnesses who heard you swear to bust up Norman’s .
courtship,” Somers interposed calmly. “Hating Norman the way
Man pictured here refused to
confess that he killed Norman.
you did, after failing in your attempt to prevent the marriage, it
‘could be that you decided to blast Norman to pieces, instead.”
Snow paled. “You're dead wrong about:me hating Norman,”
he insisted. “In a rash moment I did make some foolish threat
about busting. up his romance with Joyce, but I'd gotten over my
crush on Joyce long before they were married. I guess I kind of
got wise to myself after her father ran me off the place with a
shotgun and told me never to show my face around there again.”
“And after her father chased you away you lost all your
interest in Joyce?” Somers demanded, dubiously.
“That's right,” Snow retorted. “I got to’ realizing how foolish
I was acting, and within a day or two afterwards, I'd put Joyce
completely out of mind.”
Somérs eyed the youth intently for a moment. “One more
thing,” he said, finally. “Supposing you tell us what you were
doing with yourself between, say, half-past eleven this morning
and half-past twelve.”
Snow didn’t hesitate. “I was loafing. out in front of the Owl
Drugstore,” he replied.
~ “By yourself?”
Bryant, white, elec. NC (Wilkes) Sept. 8, 1933.
HE A
Nor
awe
feat
sigl
receiver.
The m
Bob Por
you'd be!
from the
“What
“Fello
can’t mi:
Route Fi
“Any
“None
wife anc
cut him
the dogs
Some!
phoned
>» ,
Photo shows deputies demonstrating he toe
four lav
how the killer do up his sights on
the victim from nearby smokehouse. ; a King F
: ; King Fi
A siz
gatherec
pulled 1
noon 0:
meet th
an am
the N«
they lo
dogs to
man’s t
Give
loped «
For a!
aimless
baying.
yards f
up a tr
a joyo
cornfie
Five
was in
disapp:
overhe
releasi
magnit
seconc
ated t
was ni
Bac
stretcl
by So
pull h
“He
sobbe
By
an ac
very |
To;
out 0
shot
the p
had-t
had
near-|
Qu
matri
body
insan
buri¢
Hz
office
REAL DETECTIVE, January, 1952
Pee BS
.
{
4
i
ea =a SaaS: cn in|
:
er
=
| joni on the off chance that the killer had arrived and departed
by car, the officers set out to question the residents of the
houses along the dirt road which terminated just west of the slain
man’s home. Here, too, they met with failure. To a man, all
hands declared emphatically that not a single car had driven up
or down the road at any time during the entire morning.
It was now obvious that the cunning slayer had taken special
pains to avoid detection in his flight from.the scene. How had
he managed to do it?
He had used a 20-gauge shotgun, but since a search of the
- nearby fields and underbrush had failed to turn up any trace of
the weapon, it was logical to assume that he had made his escape
still carrying the gun. But while a man carrying a shotgun at
high noon in the middle of June was almost certain to attract
attention, for some strange reason this particular one didn’t.
“Of course, he could have struck out for the woods and beat
his way through them for three miles until he hit the highway,”
Somers said, and pointed to a stretch of woodland that loomed up
to the right of the smokehouse. “But they’re plenty boggy, and
I doubt if he’d have taken the chance of getting muddied up or
tearing his clothes. He’s bound to have known that would be a
dead giveaway.”
“Well, he didn’t take off in a helicopter—that’s for sure,”
Deputy Turner put in. “And since he must have lammed it on
foot, how come someone didn’t notice him?”
Sheriff Somers conceded. glumly that the phantom slaying had
him completely baffled. “Looks like we'll have to do it the hard
way and start hunting around for someone mad enough at Wayne
Norman to want to kill him. And in the interests of saving time,
We'll split up the chore. You and Purdue can go to work trying
to find out if any man resented the Normans’ marriage, while I
investigate her husband’s background. Meanwhile, Pendry can
be taking the shell around to the local stores. It looks pretty
new, and could be ‘he’ll strike something in town.”
At nine o’clock that night, the lawmen met in the sheriff's office
- at the courthouse to compare notes and pool information.
First to take the floor, Sheriff Somers led off with the announce-
ment that a canvass of ‘the hardware merchants carrying
Remington shells had failed to uncover any information of value.
“However, Pendry and I managed to turn up some data, on
Norman that opens plenty of avenues,” he resumed. “Six months
ago, when he marriéd Joyce Stone, who is only sixteen and twenty
years his junior, he enjoyed a reputation’of being a town sheik,
with a definite flair for gallivanting. From what I hear, he was
a well-known figure at the Saturday night dances, church socials
and country fairs, and the number of young ladies of his
acquaintance were legion.
“Furthermore, according to my informants, his marriage to
Joyce came pretty much as a shock to his intimates, inasmuch as
shortly before the nuptials he had been paying ‘ardent court to an
attractive blonde in North Wilkesboro. I wasn’t able to learn
her name, but I understand that the young woman was crazy
about Norman and seemingly had an idea he would eventually
marry her.”
The sheriff suddenly noted that Torn and Purdue - were
exchanging significant glances. “What’s up?” he demanded. “That.
last item tie in with some information you two picked up?”
Turner snuffed out’ his cigarette with slow deliberation,
“Exactly the opposite,” he said, shaking his head.
“How so?” ;
“Judging from what we picked up, Wayne Norman was a
ladies’ man,+all right—so much so that Joyce’s folks objected to
the courtship and in no uncertain terms. However, as soon as
he was married, he settled down and became a model husband
and a hard-working farmer. -In fact, he did such a complete
changeabout that the Stones gave the marriage their belated
blessing, and Mrs. Stone even helped Joyce fix up the house and
gave them several sizable presents.”
“Anything else?” Somers asked. +
“Yeah, this,” Turner replied. “Before Joyce Stone married
Norman, there was a young fellow who was madly in love with
‘hér. From what I hear, he was so gone on the girl that, even
though she gave him no encouragement and refused to see him,
he would park outside her house and just sit there mooning
over her.
Victim’s attractive - wife, - who ;
collapsed ‘after the tragedy.
“The story goes that when he heard about Joyce going around
with Stone, he braced her one night in front of the house and
created quite a scene. He told her that Norman would only break
her heart and wound up threatening to do everything i in his power
to-bust them up. After the marriage, he disappeared for several
days. .He. finally came back, but never visited the house again.”
Somers: was silent for a moment. “You haven't talked to this
impetuous young man?” he inquired finally.
Turner shook his head. “We figured he’d keep for a while.
However, we've got all the dope on him. His name’s Eben Snow,
and he lives out on Amostown Road.”
Somers reached for his hat. “I think maybe we'd better have an
immediate talk with brother Snow,” he said, getting up. *“Wayae
Norman wouldn’t be the first husband who was cooled by a
vengeful rival he’d bested.”
‘YOUNG EBEN SNOW, a tall, spare individual, was sitting on
the porch when the officers arrived. At sight of his visitors,
he perked up hoticeably.
. “I know what you gents are here for,” he intinched right in,
Arrow No.
No. 2 to ro
¥
taking the sit
> the truth of t
“We'll be °
- you don’t de
before she w
Snow’s fac
on her—sam
mean,” he r
call ‘crazy in
At a skep!
went on. “C
my leaving t
I left town,
that an offer
I snapped i
expected, so
If you don’
over at Inde
“We've go
courtship,” £
“Yeah, more or less. But there were half a dozen other gttys
around at the time, and I’m sure that some of them must have seen
me.”
The questioning of Snow completed, the officers launched a
careful search of the house. The latter netted nothing in the way
of a gun or other incriminating clues. Accordingly, after directing
the youth to remain close to the house pending further notice, the
officers climbed back into the car and started for town.
A considerable contingent of the younger element of North
Wilkesboro was gathered in front of the Owl Drug Store when
the officers pulled up at the opposite side of the street about 20
minutes later. Duly questioned in turn, no less than four of
them reported having observed Snow loitering around out front
at the time in question, arriving there around eleven o’clock and
departing shortly before one o'clock.
With young Snow apparently in the clear, back on the job
early the following morning, Somers lost no time focusing the
investigation in the direction of the blonde who, allegedly, had
been madly in love with Norman. In a small town, gossip is
always rife, the private affairs of an individual often becoming as
well-known as if they had been printed in the county weekly.
Consequently, the officers were soon ascertaining that the affair
between Norman and the curvaceous blonde named Roberta
Peters had been anything but casual, with almost-daily meetings
for lunch, dinner and the inevitable after-dark trysts in various
out-of-the-way rendezvous on the edge of town.
“I guess any girl would have expected marriage after being on
the receiving end of all that,” Somers observed when he conferred
with his deputies shortly before noon. “And it would have been
no trouble at all for her to nurse along a healthy grudge against
the man who jilted her.”
Foregoing for the time being any move at direct questioning
so as not to tip his hand, the sheriff quietly began probing the _
background of the girl. The information garnered netted nothing
in the way of evidence pointing toward the blonde’s possible
implication in the murder. The Peters girl, informants revealed,
came from a high-respected family, was a steady worker and was
regarded as having a sweet and gentle disposition.
The officers weren’t jumping to any. premature conclusions,
however. “Shotgun killings aren’t a woman’s dish, as a rule,”
Pendry remarked, after a general pooling of information., “Still,
she could have used some man to do the actual dirty work.
Supposing we go pay her a visit and have her tell us where she
was around noon Sunday. Could be she'll get rattled and involve
someone else,”
The sheriff smiled. “That’s the simplest move, all right,” he
said, “but I doubt whether it’s the smartest move. After all, as-
suming she’d masterminded Norman’s murder with the aid of
some man at high noon Sunday, it stands to reason that: she’d
have an air-tight alibi ready.” ‘
“What then?” Pendry wanted to know.
“We'll check up on her without her knowing it,” Somers replied.
“Then if we turn up anything, we'll pick her: up for a chat.” :
At the blonde’s home a quarter of an hour later, the sheriff
was informed by the landlady that the Peters girl had risen at
nine o'clock, eaten a leisurely breakfast and had departed at
10:45 to attend church.
“Any possibility that she might have changed her mind about
church and gone somewhere else?” ° .
“I doubt it,” the tandlady said. “Roberta never missed church,
to my knowledge. However, Alice Stoddard could tell you for sure.
Alice stopped by for her and they were going to church together.”
~ Somers was silent for a moment. “Roberta keeping company
with anybody now?” he inquired finally.
The landlady shook her head. “Not steady—no.”
A half dozen more questions and answers failed to produce
any additional information of value. Accordingly, as soon as he
had ascertained the Stoddard girl’s place -of employment,’ the
_— was ready to go. And ten minutes later he was questioning
ice.
Alice Stoddard, a petite, comely brunette, revealed that she
and Roberta Peters had proceeded straight to church, arriving
Picture on this page shows Deputy Sheriff Moody
Purdue pointing to the opening between smokehouse
logs which served shotgun assassin as a peephole.
4
there at 10:55. And following the conclusion of the services at 4
12:10, they had: strolled around town until one o'clock, when
they had returned to their respective homes for dinner.
The sheriff regarded the soft-spoken, ‘well-mannered young “
brunette intently for a second or two. “Roberta take the jilting
she got from Wayne Norman very hard?” he inquired suddenly. ,
“The girl’s quizzical glance met the sheriff’s. “No, she didn’t,”
‘she replied. “Naturally, she was crushed when she first heard thé
news, but by the end of a week she was completely herself again.
In that week she did a lot of serious thinking, and she came to
Tealize that what she thought was love was only infatuation. ©
Consequently, far from harboring any resentment toward. Wayne,
she actually felt grateful to him for preventing her from making
. a serious mistake, one that might have wrecked her éntire life.”
It was now obvious to Somers that a talk with the blonde
would serve little, if any, useful value. As a consequence, he lost-
no time issuing her a clean. bill of health and eliminating her
from further serious consideration as a possible suspect—at least
for the time being.
Hs final-lead gone up in smoke, the sheriff returned gloomily
to the courthouse. There, conferring immediately with his
deputies, he made no bones of the situation confronting them.
“We've run smack into a dead-end, and no two ways about it,”
he muttered, frowning. “And what’s more, as of right now, I
don’t see any immediate prospects of—” .
He was interrupted by the ringing of the telephone. Picking
it up, he discovered that Colonel Charles Goforth, a neighbor of
the slain man, wa
ithe point.
“J think maybe
‘can, Sheriff,” he s:
‘sure you'd be int
‘connected with No
~ Somers didn’t nec
. And in a moment,
“bing up his hat and
\ Twenty minutes
4 stop in the drive,
piled out of the
» nearby beet field
way, the officers |
-. “The thing I ra)
to the ground.
F- ‘The lawmen sql
> outlined in the so!
© of which was etc!
» the edge with a L
“It’s a compara
* two men working
© walked out to thi
them owns a pai!
"Those little holes
F, square-shaped he
separated from t!
whoever shot hin
HONEYMOON HORROR
(Continued from page 33)
happened to be walking along the old
Siler Road drenched to the skin late Sun-
day afternoon, he blinked up at the sheriff
for_a moment.
“Because I got caught in that.cloudburst,
that’s why,” he retorted a little sharply,
“and I don’t mind telling you that my
arthritis has been kicking up something
terrible ever since. I was on my way back
from a visit to my daughter, who lives
at the other end of town, when it began
raining. I ducked under a tree and stayed
there for a couple of hours, but I got
dsenched just the same, and I was barely
able to hobble home. The one comforting
thing about it all was that that mean old
grouch, Bryant Stone, also got caught in
the rain.’
- “Stone get a good soaking, too?” Somers
inquired,
“He sure did,” Simms replied.
been out helping with some’ of your
deputies to hunt for his son-in-law’s killer ©
—or the weapon, or some such thing.
Anyhow, he was soaking to the bone, and
he’d sprained his ankle in the bargain
and was walking stiff-legged and with a’
limp.”
“Old Stone certainly ran into a streak
of bad luck,” Somers said sympathetically.
He was silent for a moment. “Mind telling -
me why you referred to Stone as a ‘mean
old grouch’?” he inquired.
“Because that’s exactly what he is!”
the old man shot right back. “He bears a
grudge forever, Bryant Stone does. We.
had a little argument about.a loan years.
ago, and he’s hardly had a civil word for
me from that day on. He’s the same way .
with his own flesh and blood. He’s got
it in for his own daughter, ’cause she mar-
‘ried Wayne Norman. Wayne. was a fine
feller and his wife Joyce is a mighty nice
girl, and they was happy together. But
that old buzzard, Bryant Stone never for-
got his grudge about their gittin’ married.
He never forgets, Old Bryant don’t.”
A preoccupied expression had suddenly
settled over the sheriff’s features. A ques-
tion or two more netting him the informa-
tion that the old eccentric had attended
church services that morning and had
lingered in town for a half hour or so
chatting with his cronies, and he was
ready to go.
Somers looked grimly. pensive as he
headed for the cruiser and hurriedly slid
behind the wheel.
“A hot hunch?” Pendry inquired, as soon, °
as they got started.
“Yeah, unless I’m seriously mistaken,
the end of the trail is in sight,” Somers re-
plied. “I'll be able to tell you better after
our next stop.”
HE “next stop” proved to be the home
of the late Wayne Norman, where the
comely young widow, partially recovered
.from the crushing shock, ushered the offi-
cers into the parlor and then eyed, them .
quizzically from across the room, waiting
for them to announce their errand. She
didn’t have.long to’ wait.
“He’d :
“As I understand it,” Somers led off,
“your parents were vigorously opposed to
the idea of your marrying Wayne Norman.
Is that correct?” y
“In the beginning, yes,” Mrs. Norman
replied. “But after we were married, they
had a chance to see what Wayne was really
like and they changed their minds about
him. In fact, mother helped us furnish
the house and she’s been by at least twice
a week.”
“I know,” Somers said. “But how often
has your father been by?”
The girl hesitated. “He hasn’t been by at
all yet,” she replied, flushing a little. “Moth-
er explained that he’s been awfully busy
lately, but she assured us he’d be dropping
‘in on us the first chance he got.”
That was. all the sheriff wanted to hear.
Rising, he apologized to the young widow
for the intrusion and started for the door.
And a moment later he was meeting his
deputies’ questioning glance as he pointed
the car back toward town.
“We're at the end of the trail, all right,”
he observed, bearing down on the accelera-
tor. “And the person we're going to meet
‘there is none other than that ‘mean old
grouch’—Bryant Stone. If he is as un-
forgiving and as vengeful as the stories
make him out to be, he’d be capable of
- being Wayne Norman’s killer.”
“It’s a logical-enough motive, Ill grant
you,” Pendry observed, eyes narrowing.
“But we'll need more than a logical motive
to tie Stone in with the actual murder.” .
“And we’ve got more,” Somers said. “Ac-
cording’ to Simms, Stone told him he’d
been out helping us. hunt his son-in-law’s
killer, but I'll wager that neither of you
can substantiate that statement.”
A moment’s reflection, and the deputies’
conceded the point.
“Neither can I,” Somers exclaimed. ,
“And when we put the question to Law-*
rence and Purdue, I’m certain we'll find
out that ‘they can’t, either. In short, we’ve
caught Bryant Stone in a bald-faced lie, and
by so doing we've placed him in the dam-
aging position of having to satisfactorily
explain what he was doing, soaking wet,
out on the old Siler Road, the killer's |
probable escape route.”
Lawrence and Purdue were already on
deck when the officers arrived back at the
sheriff's office. Asked if they’d had any
luck. with their canvass of shoe-repair
shops, they shook their heads.
“All twenty-one of the -shoemakers we
‘flashed the photographs at were certain that’
it wasn’t any of their work,” Lawrence
explained. “And at least half of them
voiced the opinion that it was a home- -
repair job done by some amateur.”
Somers nodded. “Right this minute
there’s something else I've got on my
mind. I’m anxious to know whether either
of you remember seeing Bryant Stone go-
ing through the motions of helping hunt
for the killer early Sunday. afternoon.”
Without any hesitation, the deputies re-
plied that they hadn’t gotten so much as a
‘ slimpee of the man.
.“That’s exactly what I figured,” the
sheriff retorted. Hurriedly he provided
Lawrence and Purdue with a short run-
down of the latest developments including
Grandpa Simms’ disclosure- that he had
encountered Bryant Stone, drenched to the
skin, and walking stiff- “legged, out on the
old Siler Road.
“Bryant Stone was, walking stiff-legged,
all right,-but it wasn’t because he’d sprain-
ed his ankle,” Somers wound up. “He was
walking stiff-legged because he was. carry-
ing the shotgun that killed Norman Wayne
in one of the legs of his pants! And first
thing in the morning we’re going out to
Stone’s house to see if we can’t locate it.”
BRvant STONE was working in the
yard when the officers drove up, and his
brisk stride as he sauntered over to meet
his callers showed no evidence of a sprain-
ed ankle. Told in no uncertain terms what
they were there for, Stone didn’t bat an
eye.
“You're perfectly welcome to search the
house,” he said with a shrug. “But I can
tell you right now you'll be wasting your
time. I did own a shotgun, all right, but
I sold it:to a fellow about a month ago -
for ten dollars.”
“We'd ‘still like to search the house,”
Somers returned. “Lead the way.”
Silently and with set, hard faces the
lawmen began going through the rooms
one by one. An hour of methodical prob-
ing failed to turn up any sign of the shot-
gun or the shoes with the incriminating
pair of heels:
Somers refused to be daunted. “There’s
bound to be something here,” he insisted.
“Let’s go back and start all over.”
Again the offi¢ers ransacked the house,
this time even more thoroughly. In the
rear bedroom, shoved* far back into’ the
. Shadows under an old rafter, they un-
covered an old trunk that had been over-
looked previously. It was locked. Sum-
moning Bryant Stone, who was calmly
sunning himself on the front lawn, Somers
demanded the key.
Stone hesitated. “There’s nothing in
there but some old clothes,” he protested.
“Of course, if you’d rather we broke
the lock, we’ll be glad to oblige,” Somers
told him. “However, it would be a shame
to have to ruin a perfectly-good trunk aa
that. It’s up to you.’
That did it. His features cold and ex-
pressionless, Stone reached into his pocket
and pulled out a ring of keys. A moment
later. he was squatting on his haunches and
springing the lock.
At first glance, the contents of the tink
seemed as disappointing, from the authori-
ties’ point of view, as their search of the
rest of the house, with an unimpressive in-
ventory of assorted garments, boxes of
letters, and sentimental mementoes of all
sorts. Abruptly Somers, who had been re-
moving the items one by one, let ouit a gasp
of surprise. Five inches from the bottom *
of the trunk was a heavy layer of green .
, tobacco leaves.
8
e
4g
i
Bm
SE pee oy pen pede ae
‘ them, if you
-* “Tgnoring
over and b
moment lat
ened. Clut
outstretche«
mantled sh
- Stone bri
old, defect
completely
Somers 1
leaned ove!
and pulled
. ing the lid,
and held th
for the oth
to his feet.
“Reming
nounced, h
Stone, “anc
gauge as |
defective ;
about gun
driver’s st
with a tru
night befo
camp. “Ww
he explain
twenty-eig
the distan
twenty a
through S
“And y
“Not a
either par
“See ar
“Not a
Sheriff
times and
to Bellefi
There wa:
tion. So:
surface <
~try as he
to the lig
Not wi:
with the
now inst
into Faye
that a jez
her deat
Though
girl, Fay:
with any
friends c
way.
The ca
* the outra
So great
solution
County ¢
$5,000 |
arrest ai
Spook H
Miller r
surface,
and spur
be patier
To ad
xactly what I figured,” the
‘ted. Hurriedly he provided
nd Purdue, with a short run-
latest developments including
mms’ disclosure- that he had.
Bryant Stone, drenched to the
alking stiff-legged, out on the
id. :
tone was, walking stiff-legged,
it wasn’t because he’d sprain-
’ Somers wound up. “He was
legged because he was carry-
un that killed Norman Wayne
> legs of his pants! And first
morning we're going out to
to see if we can’t locate it.”
STONE was working in the
| the officers drove up, and his
s he sauntered over to meet
»wed no evidence of a sprain-
d in no uncertain terms what
ere for, Stone didn’t bat an
‘fectly welcome to search the
id with a shrug. “But I can
now you'll be wasting your
wn a shotgun, all right, but
fellow about a month ago -
Ss.
like to Search the house,”
ed. “Lead the way.”
! with set, hard faces the
| going through the rooms
\n hour of methodical prob-
im up any sign of the shot-
1oes with the incriminating
sed to be daunted. “There’s
ymething here,” he insisted.
and start all over.”
fi¢ers ransacked the house,
more thoroughly. In the
shoved* far back into: the
‘an old rafter, they un-
trunk that had been over-
sly. It was locked. Sum-
Stone, who was calmly
on the front lawn, Somers
key.
ted. “There’s nothing in
old clothes,” he protested.
if you’d rather we broke
xe glad to oblige,” Somers
vever, it would be a shame
a perfectly-good trunk like
you.”
His features cold and ex-
ne reached into his pocket
1 ring of keys. A moment
cape on his haunches and
. the contents of the trunk
sointing, from the authori-
‘w, as their search of the
, with an unimpressive in-
rted garments, boxes of
mental mementoes of all
Somers, who had been ‘re-
one by one, let ouit a gasp
> inches from the bottom
s a heavy layer of green .
“As a protection against moths,” Stone
tumbled, meeting the sheriff's questioning
glance. “I'd just as soon you didn’t disturb
them, if you don’t mind.”
Ignoring the suggestion, Somers bent
over and began tossing out the leaves. A
moment later, the onlooking deputies stiff-
ened. Clutched dramatically in the sheriff’s
outstretched hands were the parts of a dis-
mantled shotgun. _
- Stone broke the deathly silence.. “It’s an
old, defective gun,” he stammered. ‘Td
completely forgotten that I had it.”
Somers made no retort. Deliberately he
leaned over, reached into the trunk again,
and pulled out a tiny paper box. Unfasten-
. ing the lid, he extracted two red cylinders
and held them out on the palm of his hand
for the others to see. Then slowly he rose
to his feet.
“Remington Super-X shells,” he an-
nounced, his gaze riveted grimly on Bryant
Stone, “and for a 20-gauge gun—the same
gauge as this gun here. There’s nothing
defective about it, if I know anything
about guns—all it needs is a little reas-
he eee ;
\
sembling. In short, I’m arresting you for
murder, Mr. Stone!”
F{SCORTED to. the sheriff's office by
Somers, Turner and Pendry, the two
Deputies Lawrence and Purdue remaining
behind to search the rest, of the premises
for possible additional clues, Stone was im-
mediately subjected to intensive question-,
ing. But three hours later the granite-
faced suspect was still insisting that he had
had nothing to do with the murder of his
son-in-law.
A little after one o'clock, however, just
as the first qualms of uneasiness began
Settling. over the officers, Lawrence and
Purdue put in their appearance, a bulky
package wrapped in newspapers tucked
under the latter’s arm. Placing it without
a word on the large table in the middle
of the office, Purdue hurriedly ripped off
the wrapping and held up a pair of soggy,
mud-spattered, brown shoes.
“The ones we've been looking for—
with the square, new nails in the heels,” he
said. “We found them stashed away under
some rubbish in an old outhouse at the far
end of the property.” ‘
That was all Somers needed. “You can
talk or not, just as you please,” he said,
confronting Stone again. “With what we’ve
got against you now, the jury won’t need
your confession to bring in a verdict of
guilty.”
The sheriff’s prophecy was soon borne
out. Indicted two days later, on August
15th, 1939, the killer was brought to trial
before Judge C. P. Cowper in the Wilkes
County Superior Court. Speedily found
guilty after a two-day trial, he was sen-
tenced to die inthe electric chair. And on
the morning of October 28th, the sentence
was duly carried out at the State Peniten-
tiary in Raleigh.
Epiror’s NoTEe: The names Eben Snow,
Jake Simms, Roberta Peters and Alice
Stoddard used in_the foregoing story are
fictitious. These were substituted for real
names in order to hide the identities of
honest, law-abiding persons and spare them
from possible embarrassment.
SIN IN SPOOK HOLLOW
(Continued from page 37)
driver’s statement, he had left Bellefonte
with a truckload of boys at 11:55 p.m. the
night before and had headed back for the
camp. “We have a governor on the truck,”
he explained, “and can’t make more than
twenty-eight miles an hour. So figuring
the distance, it must have been around
twenty after twelve when we passed
through Spook Hollow.”
“And you saw nothing there?”
“Not a thing. We didn’t pass a car, -
either parked or running.”
“See anybody walking?”
“Not a soul.”
Sheriff Miller’s brain was spinning with
times and figures as he drove rapidly back
to Bellefonte. But they didn’t add up.
There was a flaw someplace, a miscalcula-
tion. Some disturbing fact lay on the
surface of his subconscious mind but,
“try as he might, he couldn’t bring it out
to the light of ‘reason.
Not wishing to overlook any bets Miller,
with the co-operation of. the State Police,
now instituted a searching investigation
into Faye’s private life on the possibility
that a jealous suitor might be involved in
her death. But nothing came of: this.
Though she was an extremely,» popular
girl, Faye had not kept steady company
with any one man. ‘And none of her
friends could be tied to her death in any
way. ‘
The case- bogged down on Tuesday, and -
the outraged countryside was up in arms.
So great was the pressure for a speedy
solution to the crime that the Center
County Commissioners voted a reward of
$5,000 :for information leading to the
arrest and conviction of the slayer of
Spook Hollow. Stimulated by this offer,
Miller received a hundred tips. On the
surface, most of them were far-fetched
and spurious. But nonetheless they had to
tangible clue on which he had counted
vanished into thin air. The car-trunk key
he had found in the mud by Faye’s body
was traced to Doctor Johnston, the State
Motor Police surgeon. The physician had
dropped it during his examination of
the body. ’
The following: day, Wednesday, Faye
Gates was laid to rest. Indicative of the
‘high esteem in which she was held by the
‘instituted, without results.
community was the overflowing Kennedy
church hard by her home. Mingling with
the mourners were a half dozen plain-
clothes detectives. But if the killer was
present, he hid. his emotions well and did
not betray himself to-the knowing eyes
of the watching officers.
Up against a blank wall, Miller re-
doubled his efforts to locate the tan coupe.
A search of all garages, parking areas
and tourist cabins in a tri-State area was
Repeated ap-
peals on the radio were equally fruitless.
Thursday passed. ‘Friday. And then, on
Saturday morning, when Miller had to
admit to himself that he did not know
which way to turn, science came to his
rescue. nai
D®- MILTON EDDY, biology professor
at Dickinson College, to whom the
bloody stone and the scrapings taken from
beneath Faye’s fingernails had been turned
over, made his report. Not only was the
blood on the stone human and of the
same type as the dead girl’s but the hairs
clinging to it were identical with the
sample that had been cut from Faye’s
_ head. ’
Further, Doctor Eddy had found several
- hairs from the fur collar of Faye’s coat
be patiently investigated and disposed of. |
To add'to Miller’s troubles, the one’
adhering to the murder weapon. And it
was his considered opinion that similar
fur hairs would still be clinging to the-
clothing of the killer.
Miller read on with riounting - interest.
The balance of the report was even more
significant. He hurried to the office of
Lieutenant Annitch, told him of the first
findings of the report. “We may not have
any eye-witnesses to the crime,” he said.
“But we: have: scientific evidence that
might be better. I’m convinced that Faye
was killed by someone she knew; by some-’
one we've already talked to and cleared.
1 want you to detail your men to pick
up the clothes, especially the sweaters, of
everyone who was in Spook ‘Hollow on
the night she was killed.”
“That part is easy,” said Annitch with
a doubtful shake of his head. “But she
was murdered almost a week ago. What
if the killer washed his clothes and washed
the fur hairs away?”
Miller laughed harshly. “That won’t
help him much. He might wash fur hairs
and blood away, but he can’t wash away
the clothes.”
“I don’t follow you.”
Miller explained eagerly. “Doctor Eddy
also @xamined the scrapings taken from
under Faye’s nails. He called in Doctor
Pauline Mack of the textile Chemistry
Department of Penn State College to verify
his findings.”
“And what were the findings?”
“Plenty. Hair from a cheap - blue-gray
sweater made out of reclaimed wool. But,
more important, they also state that in
the manufacture of garments from such
wool the color and texture of fibres are
never the same in any two garments. In
other words, the wool fibres found under
Faye’s fingernails could come from only
one sweater—and one sweater alone. ”
Annitch whistled slowly. “So we find
the owner of the sweater, and we auto-
matically find the killer.”
Miller’s fist pounded the table.
It’s as simple as that.”
Annitch immediately detailed a squad
of men to pick up the clothes of the
“Yes.
i. yall ec sel &
A3
ome. *
os
clusion of thé services at
until one o’clock, when
omes for dinner.
:n, well-mannered young 4
” he inquired suddenly. ,
heriff’s. “No, she didn’t,” 4
d when she first heard the *%
; completely herself again.
hinking, and she came to -.3
ve was only infatuation. 3
-esentment toward Wayne, 4
eventing her from making 4
wrecked her entire life.”
t a tik Selb) the blonde d
As a consequence, he lost- im: : :
ealth and eliminating on ; = The lawmen squinted down in the direction indicated. Clearly
possible suspect—at least
Be
: sheriff returned gloomily |;
‘ing immediately with his
ituation confronting them:
id no two ways about it,”
more, as of right now, I
of the telephone. Picking
les Goforth, a neighbor of
the slain man, was on the wire. The latter came straight to -
the point.
“{ think maybe you'd better come out here as soon as you
ean, Sheriff,” he said. “I’ve just run onto something I’m pretty
“Roberta take the jilting sure you'd be interested in seeing. Unless I’m mistaken, its’
_ a connected with Norman’s murder.”
Somers didn’t need a second invitation. “I'll be right out,” he said.
| And in a moment, after slamming down the receiver, he was grab-
» bing up his hat and starting for the door, his deputies close behind.
~. Twenty minutes later, Somers was braking the cruiser to a
stop in the driveway of the spacious Goforth farm. As they
piled out of the car, the colonel. called out to them from a
| nearby beet field and motioned them over. Somers leading the
F way, the officers hurried to join him. :
“The thing I ran onto was this,” Goforth announced, pointing
F to the ground.
outlined in the soft earth was the print of a large shoe, the heel
- of. which was etched out in sharp relief and perforated around
the edge with a U-shaped pattern of little holes.
“It’s a comparatively fresh print,” Goforth went on. “T’ve got
- two men working for me, but neither one of them recalls having...
walked out to this spot in the last few days, and neither one. of
- them owns a pair of shoes that would have left that heel print.
‘Those little holes were made by new nails, rather large nails with
F square-shaped heads. Norman’s house lies due west of here,
‘separated from this point only by that stretch of woods. And
whoever shot him could very easily have scooted for that belt
of trees and then legged it across the field toward the old Siler
Road. In short, Sheriff, I’m ready to bet my last mule that you’re
“Yooking at the footprint of the man who murdered Wayne
Norman!” ;
Sheriff Somers suddenly recalled the cloudburst that had been
unleashed within minutes of their arrival at the scene and had
continued unabated for several hours. The print, obviously, had
been made after the rain had let up—the exceedingly-clear im-
pression indicated as much. And he pointed this fact out to
Colonel Goforth. :
“Then he must have hidden out in’ the woods until he was
sure he wouldn’t be noticed,” the colonel countered. “He probably
reasoned—and correctly—that the shot would have alerted. every-
one in this vicinity and decided it would be better to sit tight
and wait for the right psychological moment to slip away.”
A nod to Goforth, and Somers began following the trail of
-phantom footprints. He pursued it for a hundred yards or so
across the beet field, abruptly losing it when the track veered
onto a stretch of tough brush grass and disappeared.
“The trail certainly points to the old Siler Road, all right,”
he ‘said, turning to Deputy Pendry. “Jt may tum out to be a
dud, but on the other hand, it could lead us to the killer. For
better or worse, it’s a possibility we can’t afford to pass up.”
Suiting deed to word, the sheriff's first move was to phone a
local photographer. When the latter arrived, Somers ‘directed
. him to photograph the shoe impression and rush through a couple
of prints as soon %s possible. Then he beckoned over Deputies
Purdue and Lawrence.
“As soon as the prints are ready, I want you two to start
making the rounds of all the shoe-repair shops in Wilkesboro
“and North Wilkesboro with the pictures,” he said. “Somebody
at one of the shops might remember putting on that kind of heel.”
The pair gone, he addressed himself to Pendry and Turner.
“As I remarked before, those tracks definitely point in the direc-
tion of the old Siler Road,” he said. “So supposing we take a
run out there and see what we can turn up.”
Turner looked puzzled. “I don’t get it, Chief,” he protested.
“Byen if those tracks were actually made by the killer, for the
life of me I can’t see what good that’s going to do us. After all,
Pendry and I covered that neck of the woods pretty thoroughly,
and nobody living out there reported seeing anyone even remotely
resembling a fugitive killer.”
“True enough,” Somers countered, “but I think I’ve got a pos-
sible explanation for it. Possibly the killer put one over on us
and remained hidden out in the woods for a period of several
hours. Then, after the hullabaloo had subsided, he emerged
from his hiding place and started up the road as free and easy
as you please, confident that nobody would connect him with a
murder that happened hours ago at high noon.”
“But what’s your idea?” Turner asked.
. “My idea is to question everybody living along the road again,”
Somers said. “Only this time, instead of inquiring whether any-
one noticed a suspicious-looking character on the road shortly
after highenoon, we're going to ask whether they saw anyone
at all passing by during the day.”
At the first five houses they drew blanks. At the sixth, in
response to the sheriff's query a middle-aged matron immedi-
ately shook her head. “I didn’t see a single soul,” she replied.
“That is except old Grandpa Simms, who was soaking wet.
- But old Jake Simms wouldn’t hurt a fly. You'te acquainted with
him, so you probably know that yourself.”
The sheriff was noncommital. He had known the harmless old
eccentric for the better part of ten years. However, with not a
single lead in the offing as ‘of the moment, he wasn’t doing any
premature youching for anybody—not even Grandpa Simms. Ac-
cordingly, after a nod to his informant, he and his men were on
their way, with Simms’ ramshackled ‘old farmhouse on Morgan-
town Road their next port of call.
_ A brisk tattoo on the door was eventually answered by the
old man, who greeted his callers expansively and waved them
inside. Asked point-blank how he (Continued on page 42)
At left, Sheriff W. B. Somers, of Wilkes County,
who by a process of elimination pinned the crime
on a person who at the outset was not suspected.
33
oe)
JUST MARRIED .. .
plant and two fine farms. Miss Stone,
the stunning daughter of Bryant Stone,
a well-known local planter, was only
16 at the time, while Norman was 36,
and the wedding was an important
social event. Norman -and his bride
‘moved into one of:his farms, a short
distance from North Wilkesboro, and
everybody agreed that they had a
bright future ahead of them.
But somewhere along the line, intel-
ligent, amiable Wayne Norman had
acquired a mortal enemy...
@ ON SUNDAY, June 12, 1932, Mr. and
Mrs. Norman sat down to dinner at
their home in Siler Road. As always,
Wayne Norman was busy with plans
for extending his operations, and he
also talked about the great depression
which had the nation in its grip but so
far had had little effect on him person-
ally.
JUST MURDERED continued
“Well,” said Norman after dint was
finished, “T’ve had a hard week and
I’m going to be lazy. I’m going out on
the front porch and read the Sunday
paper.”
It was about 2:15 p.m. when he
walked out on the porch, settled him-
self in a rocker, cocked his feet com-
fortably up’ on the railing and started
‘out with the sports section. He had
.hardly gotten under way when Martha
Stokes and Winifred Lecky, two young
women who lived’a quarter-mile south,
walked up and asked for Mrs. Norman.
“Joyce is in the kitchen—ought to be
just about finished with the dishes,”
Norman said.
The girls went inside, and a few min-
utes later they came out with Joyce
Norman. “We're going in to.town to
get a coke and see if anything’s doing,”
Joyce said to her’ husband. “Want to
come along?”
- face and his shirt.
Bryant Stone, victim's
law—he made an impassioned plea :
for justice after the funeral rites. a
Norman yawned and stretched. “No,I 7 |
guess not,” he replied. “It’s pretty hot 5
out and I’m mighty comfortable here. ~~
You girls take the car and have your-
selves a good time.”
The three young women got into the
Norman car and started off. They were
no more than 100 yards away when
they heard a shattering report from
the direction of the farm. Looking back,
they saw Wayne Norman topple from -
his rocking chair and fall to the porch ©
floor. Bewildered and terrified, Mrs. ~
Norman turned the car around and
drove back. The trio found Norman
lying on his back, blood staining his
Screaming, Winifred and Martha ran
off to get help, while Mrs. Norman did
what she could for her husband. The ©
first neighbor to reach the scene was
white-haired Colonel Charles Goforth,
owner of the big Pinecrest Farm near- © -
by. Colonel Goforth found the young
bride sobbing as she knelt over her
husband, trying to talk to him. The
colonel, seeing at once that Norman was
badly wounded, hurried to the tele-
phone and summoned an ambulance
and the sheriff. e
When Sheriff W. B. Somers of Wilkes ~
County sped up in his ear, a group of ~~
neighbors were already gathered |= |
around the young busimess man. From ~
them, Somers quickly got the gist of the
story. Norman had been shot as he sat
on his porch in broad daylight, and no ~
one seemed to have any idea who had .
done the shooting. &
The ambulance was already coming
up the road, and Norman was. still
faintly conscious. The sheriff, hoping —
to get some clue before it was too-late, ©
spoke to Norman. Ge
“Do you have any idea who did it,
Wayne?” he asked. “Did you see any- _
one at all?” n
Norman’s breathing was hoarse, his
eyelids fluttering. “Didn’t see—anyone,”
he gasped. “Don’t know—why—any-
‘one want—to kill me.”
The sheriff stood aside as attendants
put the wounded man in a stretcher and
carried him away. Somers talked to the
bride and learned how she had heard
the shot as she drove away with her -
two friends. Martha and Winifred had —
the same story, and none of the three ©
young women had seen anyone lurking
around the farm, or running away after ~
the shooting. The same was true of -~
Colonel Goforth and also of Westley ~
Smith and Edward. Everley, two other +
neighbors who had arrived immedi 4
after the assault. 4
father-in-
@
Sz
a i -”
m™ IN WILKES COUNTY, N. C., Wayne Norman was
regarded as just a natural-born ball of fire. He simply
couldn’t seem to make an unlucky or ill-advised move.
. Starting with nothing, he had managed in the course of a
dozen years to make himself one of the most prosperous
young men in the county, and everything he touched had
‘a habit of turning into money. ‘
He didn’t really start with nothing, of course. He
started with a smart, enterprising head on his shoul-.
ders and a remarkable capacity for hard work and sales-
manship. He started also with more than his share of
good looks, a winning personality and a warm smile that
people just naturally took to. On top of that, he had a
definite aim in life, a rather unusual one.
“Tm not going to get myself into a spot where I have
to work until I’m 60 or more,” he often said. “My plan
is to work hard until I’m 45, and brother, on my 45th
birthday I’m going to knock off and do exactly as I |
please—loaf, go fishing or travel. All it takes is a little
ingenuity and forethought. I’ve seen plenty of folks slave
until they’re old-and creaky, and I don’t see any sense
in it’
That was his aim and he stuck by it. He matriculated
at a small North Carolina college, but at the end of a
year he decided he was wasting his time there, and he
had only 25 years to go until he was 45. He soon quit
school and took a job selling used cars in Winston-
Salem. He soon proved to be a whiz at this, and people
commented that if Wayne Norman: couldn’t sell a car,
it must be ready for the junk heap. He stayed with the
job for a couple of years until he had learned a good
deal about the ins and outs of the automobile business.
Then he decided that the time was ripe to go into busi-
ness for himself.
“When you’re working for somebody else,” he pointed
out, “you’re making profits for them. When you're work-
ing for yourself—well, you see what I mean.” ee
He didn’t have any capital to speak of, but he went to a
North Wilkesboro, over in Wilkes County, and puta —
proposition to a couple of local men. They furnished him 4
with enough capital so that he opened up his own auto- oS
mobile agency there. Still only in his middle twenties,
Norman was already, in a manner of speaking, his own
boss. e:
He worked hard at it, too, and before long was recog- —
nized as one of the town’s up-and-coming young busi-. 4
ness men. In a few years he had paid off his debts and —
was on his own. He could have settled for that and ie
remained a prosperous automobile dealer for the rest -
of his life, but that wasn’t the kind of man he was. , ae
“No use having all your eggs in one basket,” he re- 5
marked. “Besides, if I’m going to be financially inde-
pendent by the time I’m 45, I’ve got to get moving.” + ge
As always, he took a careful look around before he got se
moving. He finally dickered for a feed distribution plant 5
which was for sale, and got it at a good price. He had
to borrow money to swing the deal, but the money didn’t _
stay borrowed for very long because he got in there
and worked hard to pay his debts. By dint of energy, -
application and salesmanship he turned the feed plant “%
into a highly successful concern, and at the age of 3l 7a
he was owner of two solid business enterprises. w
At that time he could already have served as a fine =
subject for the magazines which write about the excit- 4
ing opportunities waiting for men who have the brains _
to seize them, but he wasn’t through yet. He had it in |
his mind, as part of his long-range plan, to acquire a ~
chain of farms and tobacco plantations which he could
supervise until he was 45 and then rent out or operate
through employes.
By the time he married Joyce Stone late in 1931,
Norman was owner of an automobile agency, a feed
Deputy Lawrence holds the murder
shotgun. Found in a trunk, it caused
the arrest of a respected citizen.
For a moment, the sheriff stood on
the porch in puzzlement, gazing around
him. Seated here in midday, Wayne
Norman could not possibly have been
mistaken for someone else. There was
no doubt that he was the intended
victim. But the wound had obviously
been caused by a blast from a shotgun
—a weapon that must have been fired
at fairly close range. If so, where had
the gunman concealed himself so that
no one nearby had seen him? There
was a broad expanse of lawn on three
sides of the house, with no shrubbery
in which a man could lurk. Immedi-
ately across the road was a large field
of tobacco plants only a foot high,
which certainly offered no concealment
for anything bigger than a cat.
Sheriff Somers was still pondering
this puzzle when another car pulled
up, bearing Deputies Garnet S. Pendry,
Moody Purdue and Paris V. Turner.
The sky was already overcast and gusts
of wind presaged a sudden summer
storm as the three officers piled out
of the machine. They opened the rear
door and brought out two mournful-
looking bloodhounds.
The deputies knew they were racing
against time, for a downpour would
remove any trace of scent and render
the dogs uselesg Quickly they got the
animals -into action and began circling
around the house in an effort to pick
up the trail. But even as they began
‘their second circuit, thunder pealed
- could be _ responsible,
i ihe Nad Ser
Sheriff Somers—he developed a mur-
der theory that was utterly fantastic,
but it turned out to be all too true.
and large drops began to fall. A few
moments later the storm became well-
nigh a cloudburst and the deputies
knew it was ‘hopeless. They put the
dogs away and joined the sheriff on the
porch.
The telephone rang, and the sheriff
took the call. When he rejoined his
men, his face was grim. “Norman was
dead when they got him to the hos-
pital,” he said.
™ MUCH AS THEY hated to question
Mrs. Norman at this point, they had to
do so, and the young woman responded
with remarkable courage. Try as she
might, however, she could think of no
enemy her husband had made—cer-
tainly no one who would be vengeful
enough to want to kill him: She could
recall only one argument her husband
had had, and that seemed a trivial one.
Some two weeks earlier, Norman had
found almost a whole field: of his young
melon plants trampled and all but
destroyed. It happened that a_ local
man named Victor Hawkins had leased
an adjoining forest tract, where he was
cutting timber, and Norman believed
that Hawkins’ men had driven their
horses over his field.
He spoke to Hawkins about this, but
the lumberman denied that his men
and Norman
angrily said- he was going to see a
lawyer about it. He had in fact visited
an attorney the very next day and
Wayne Norman—was he the victim of
a love rival, or had he caused ani-
Mmosity in one of his business deals?
asked him to look into the possibility
of suing Hawkins for damages.
_ “It doesn’t look like much offhand,”
Sheriff Somers said to Deputy Purdue,
“but you never can tell how people
can get worked up over something like
that. You’d better go right now and
check on Hawkins.” ;
The thundershower soon passed on,
and while Purdue departed on his er-
rand, Somers, Pendry and Turner
_ began searching around the house for
a place where the assassin could have
hidden. They found it at once—a log
smokehouse which the sheriff had pre-
viously overlooked. It stood about 50
feet to the left and a little to the rear
of the front porch, and was in fact the
only place where the gunman could
have loosed the fatal blast without be-
ing seen. Inside the smokehouse, Depu-
ty Turner picked up a discharged shot-
gun shell. :
“A Remington Super X with No. 1
shot,” he said. “And look at this.” He
pointed to a missing board in the
smokehouse wall. “Look through that
crack in the wall and you can see the
rocking chair on the porch. The killer
must have waited here until Norman
came outside.” :
After the shooting, the gunman must
have dashed out of the smokehouse,
keeping the building between him and
the three young women. He must have
taken cover in the trees about 50 yards :
away, and from that point he could
11
&
Deputy Turner—he wanted to know
why a man should limp painfully
one minute, walk enc the next.
JUST MARRIED ...
have escaped unseen either to Siler
Road or to the highway leading from
Wilkesboro to Winston-Salem. Just
outside the smokehouse door, the in-
vestigators found two footprints that
had been somewhat damaged by the
rain, but it was still evident that they
had been made by large men’s shoes,
roughly. about size 11.
“There’s a chance that he threw away
the shotgun as he fled,” the sheriff
observed. “He wouldn’t want to be seen
with the weapon after the shooting.”
A number of citizens aided the offi-
cers in combing the nearby fields and
woods, but they were unsuccessful. At
length, Sheriff Somers left for his office
in Wilkesboro, leaving Turner and
Pendry to continue the on-the- -spot
investigation.
The two deputies
questioning of neighbors, but made lit-
tle headway. Everybody regarded
Norman as a. leader in the community,.
and no one knew of any person who
had any reason to hate him. At length
Turner and Pendry called on Bryant
Stone, father of the victim’s widow,
who lived less than two miles distant.
@ STONE, a sturdily-built man in his
pretty as they come
cottinued
resumed their -
middle forties, shook his head sadly.
“Too bad, too bad,” he murmured. “It’s
a terrible thing for my daughter, and
her only married a few months. I sure
hope you fellows can find the killer in
a hurry.”
“We were wondering if you might be
able. to help us,” Turner said. “You
were close to your son-in-law, of
course, and must have talked with him
a good bit. Did he ever mention having
any trouble with anyone?”
* Stone pondered, and finally shook his
head. “Nothing that amounted to much.
Still, there was young Ben Gilmore.
You know about him, I guess.”
“What about Ben Gilmore?”
Stone kicked a hassock into position,
settled himself in a chair, rested his feet
on the hassock and lit a cigarette. “Well,
you know my daughter—she’s about as
» he began. “She
had quite _a few beaux’ before Wayne
Norman came along, and one of them
was Gilmore. Gilmore worked as a
salesman for one of the merchants in
town, and it happened that Norman
was a good friend of the merchant.
“Along about last November, Gil-
more got fired from his job, and I’ve
heard that he didn’t like that a bit. Not
long after that, Norman married my
daughter, and I guess Gilmore wasn’t
too happy about that either.”
‘Turner and Pendry were taking this
in with interest. “You think it might
be,” Turner inquired, “that Gilmore
believed he lost his job because Nor-
man put the idea into the head of his
merchant friend?”
Bryant Stone nodded. “That’s what
I’ve heard. He thought Norman had
him fired, and I understood there’s
been bad feeling between the two ever
since.” :
“What did Norman have to say about
that?”
“He told me he had nothing whatever
to do with Gilmore losing his job.”
Stone shrugged. “But I suppose that
don’t make any difference if Gilmore
thought Norman was to blame.”
It didn’t, the officers agreed. If that
' were the case, then Gilmore had not ,
one but two motives. against Norman
—the loss of his job and also his defeat
by Norman in the rivalry for Joyce
Stone’s hand. After some further talk
with Stone, the two deputies decided
that their next stop should be the home
of Ben Gilmore, who lived on the out-
skirts of Wilkesboro.
When they reached the place, they
learned that Gilmore was not there. A
relative informed them that the young
man had left early that morning in his
car for Greensboro, where he hada ~
date with a girl who was attending the
summer session at North Carolina
Women’s College. The deputies jotted
down the girl’s name, then returned
to headquarters in Wilkesboro. ee
There, Sheriff Somers was intensely
interested in the story about Ben Gil-
more. “We want to locate that young »
he snapped. He ~
fellow right away,”
immediately put ina call to his friend,
it
Detective Chief Homer W. Brannock —
at Greensboro, giving Brannock the
name of the girl student and —_— him ‘e
to pick up Gilmore.
“The murder happened a little after.
2:15. this afternoon,” he told Bran- ‘
nock. “If Gilmore was in Greensboro at
that time, he’s in the clear. rere.
we want to talk to him.”
Meanwhile, Deputy Purdue had
talked with Victor Hawkins, the lumber
operator, and speedily eliminated him
as a suspect. At the time of the slaying,
Hawkins had been at a family gather-
ing 20 miles away, and a number of
relatives and friends substantiated this.
Hawkins recalled the argument with
Norman about the damage done in the
melon field, and said he had intended
to settle in full for it the following day.
That evening, Detective Chief Bran-
nock called back to say that he was ~_
unable to locate Gilmore’s Greensboro
girl friend, since the college she at-
tended was closed on Sunday. He would
have another try on Monday.
On Monday morning, Sheriff Somers
and his men began a thorough-going
inquiry into the past life of Wayne Nor-
man. Somers realized that a man who ©
had been so remarkably successful in
business as Norman had might possibly
have made enemies of men whom he |<
had outmaneuvered or outsmarted in |
one of his deals. It was even possible
that Norman, with his driving urge to
get ahead, might actually have pulled
“fast ones” on competitors and thus in-
‘curred their anger.
But a careful investigation elimbiatell
this theory. Norman had been shrewd,
an intelligent bargainer, but he had
been perfectly honest. A large number
of people with whom he had done busi-
ness in the county came to his defense
and vouched warmly for his reliability.
“There wasn’t a trace of anything sly -
or underhanded about Wayne Nor-
man,” as one Wilkesboro merchant put _
it. “He got ahead fast, sure, but that
was simply because he had brains and
was willing ‘to work hard.”
There was (Continued on page 85)
hat angry. Rie
on Gilmore!” said
where have you
have been —
ar the state,” Gil-
‘ou think I shot —
sripes sakes?” A
iow,” the sheriff
L. “Tet’s begin at é ee in
iday morning you
g you were going
‘o, right?”
wn. “That's right. a
there and we used
stil we had a tiff
was aiming to get
d. maybe pick up
u make out with
question, but the
take the bait. “I
ul,” he said. “I got
as I drove and I
foolish to go all
without even ar-
1 her beforehand.
igured she’d prob-
h some other guy
jo?”
| headed over: to
’’ it some rela-
e____ anted to call
xects in that area.
t for textile manu-
‘’ Gilmore broke
1 this is beside the
hat I had nothing,
—murder.”
that,” the sheriff
it mentioned your
obs sometime last
‘ow did that come
uzzled. “How’d it
echoed. “Why, the
‘ other job because
that’s all.” |
Someone told me
and that you sus-
orman pulled some
ced.”
ous!” the salesman
rtainly did not get
bwn volition, and
easily enough.”
he had’ remained
days, staying with
ag that time had
a rather lucrative
mate Te je
Beal > Sa ee
€
WE
be ead
a
3 *
Bes
of
od
ws
imitted that he had
1 *““~g to inform
ai he had been
Wurth that he had
iy afternoon at the
he said, he was just
Mount Airy with
ives.
Immediately
d gone out to the -
“ed
4
j
;
4
4
local country club with a group of
friends and had played a round of golf.
Sheriff Somers picked up the phone
and made a couple of calls to Mount
Airy. He speedily verified the fact that
Gilmore had had dinner there and had
checked in at the country club a little
before 3 p.m. Since Mount Airy was.
about 45 miles from Wilkesboro, it was
evident that Gilmore was entirely inno-
cent.
“Sorry about all the trouble, young
fellow,” the sheriff said, “but you gave
us plenty of reason to think you were
up to something, Besides, Wayne Nor-
man’s father-in-law said you were
plenty jealous of Wayne.” _
Gilmore nodded slowly. “Bryant
Stone,” he said. “So he’s the one who's
been talking about me. There’s a man
I never had any use for.”
“And why not?”
“There’s something strange about
him,” the salesman said. “Talk about
jealousy—he was the one who was jeal-
ous. He seemed to think that no one
was good enougli for his daughter, and
besides he thought she was too young
to be going out. He made a scene every
time I had a date with her, and he was
_ plenty tough on Wayne too.”
Gilmore told a little story about that.
He said that Bryant Stone had forbid-
den his daughter to see Wayne Norman.
In order to circumvent the watchful
father, Norman had built a crude letter
box in a pine grove near her home, and
he and the girl exchanged notes for
some time that way. One day, however,
Stone had followed his daughter to the
letter box and surmised what was going
on. He tore it down and angrily sent
her home. According to Gilmore, Stone
had been resolutely opposed to his
daughter seeing Norman right up to the
time of the marriage.
It was perhaps a normal reaction for
a man who thought his daughter too
young to be “going out with boys,” and
yet it gave the sheriff pause for thought.
Stone had certainly gone out of his way’
to throw suspicion on Gilmore. More-
over, after a checkup with Gilmore’s
former employer, the sheriff realized
either that Stone had been badly mis-
taken or had lied when he said that,
Gilmore had been fired from his job.
The young man, it was established,
had quit voluntarily and his employer
was sorry to lose him.
™ NEXT DAY, Sheriff Somers made a
number of pointed inquiries among
close friends of the late Wayne Norman
and his bride. All of them agreed that
Bryant Stone had been violently angry
at any young man who sought to take
his daughter out. Wayne Norman had
been no exception, and Stone had
sternly warned Norman to keep away.
When the young people were married,
however, Stone had appeared to accept
it with fairly good grace and had even
gone to the extent of helping the newly-
weds to tidy up their house and had
bought them a handsome living room
rug.
Still, there were some who believed
that Stone had never really become
reconciled to the marriage and had
never quite forgiven Wayne Norman.
By now, the sheriff was entertaining
an idea that seemed preposterous on
the face of it. He was toying with the
thought that Bryant Stone might have
slain his own son-in-law. He turned it
over in his mind and was half con-
vinced that it was impossible, and yet
he resolved to look into it.
Ben Gilmore was innocent, Luther
Fairchild was innocent. Days of inten-
Sive investigation had failed to turn up
any other person who might have a
motive against Norman—except Nor-
man’s own father-in-law. Could he have
made a show of forgiving Norman, then
waited seven months
him? cee
This was a theory so potentially dan-
gerous that Somers confided it in his
deputies only in strictest secrecy. Stone
was a prosperous planter, a man of
considerable influence and account
in the community, and if word got
around that he was suspected, it could
be painful for all concerned—particu-
larly if it turned out that the suspicions
were unfounded.
“We have no real evidence against
Stone at all,” the sheriff warned his
men, “and we won’t have any unless
we are able to place him near the mur-
der scene, and acting in a suspicious
manner. It means we'll have to go over
the ground again—check with all the
neighbors around the Norman farm and
find out if Stone was seen around there
shortly after the shooting.”
_ The officers went out again, methodi-
cally questioning farmers and residents
within a two-mile radius of the Norman
place. It was wearisome work, but late
that afternoon their efforts were re-
warded when they talked with Sanford
Sparks, a farmer in the community.
“Yes, I remember seeing Bryant
Stone Sunday afternoon,” Sparks said.
“It was around 3:30 or so. He came
limping along the road, or rather he
was walking stiff-legged, as though he
couldn’t bend his knee. I asked him
what happened and he said he’d hurt
his leg while he was hunting in the
woods for the killer.”
This was news to the investigators,
for Stone had not been among the
volunteer searchers as far as they knew.
“How about his clothes?” Sheriff
Somers asked. “Were they wet or dry?”
“Soaking wet,” Sparks said. “You
know, there was. a heavy thunder-
shower right after the murder, and
Stone said he got caught in ‘it.”
before killing:
Here was a significant item, for at the
Immediate ¢
And Relief
with
RUPTURE
Reg. ih U.S. Pat. Off. (A P
For MEN, WOMEN .
tinc
VY por
if i ij iv:
comfort. Adjustable |
adjustable leg strap.
front. Soft flat groin .
or leather bands.
comfort, invisible
clothing. Washable.
after operation suppo
@ THE MOST EFFECTIVE #
Thousands of people wt
fashioned, expensive de
ture-Easer for new com
@ RUPTURE-EASER’ IS SA
Can be washed without
you never offend when y
Easer.
@ NO FITTING REQt
Just measure around th
the abdomen and spec
~ side or double.
Over 400,000 Gre
Read What Othe
R. C. of Corvallis, Oregon,
me another Rupture-Easer so
change off with. It is enabli
top speed at my press machine
MA. S. of Anderson, ind., the
“It is one of the finest things
and has made my life worth lL
‘me untold ease and comfort.”
tL. C. M., Blackburn, Mo., writ:
Easer I bought from you has d
I couldn’t forget you this Chri:
RUPTU
10 DAY -
Money-back guc
get blessed relief.
PIPER BRACE CO., D
811 Wyandotte, Kansas Ci
(Note: Be Sure to give Size and Sic
USE THIS HANDY Of
Piper Brace Company,
811 Wyandotte, Kansc
Please send my RUPTURE-EASE:
Right Side O $3.95 Measure «
Left Side © $3.95 of my at
Double O $4.95
We Prepay Postage Excer
Enclosed is: Money Order C
O Send COD Be sure to give
Name
Address
City and State ....................%
RUSH THIS. COUPC
“al
being questioned
taken from him was
nan Haas, and: Ross
] weapon away »
v . He admitted
nearly been caught
e manhunt. On sev- 7
had ducked under © %
s still hiding in the
time the large-scale
in the belief he had
lice Chief Story sent :
<s” to all the officers
od in the search for |
nate capture. “I am
e was caught before
anyone else,” Story
zabeth Haas, widow ~
man, ‘she said, “It is
»e they fix him this
‘ORNIA came more
the gaunt-faced pris-
neis Ross, who was
ty, was like a lot of
iked big cars and lots ~%y
aly difference being ©
are how he acquired «),
ad stolen his first car
id ethattime had 3 |
le an five of Cali- i
ituuons for boys and | 45
: up in the “tough” ry
n and Folsom. While = 4
he always proved a a
, but on several occa-
raped. He had been ee
ance” repeatedly, had we |
ob, and then in a few
ud not resist his urge
car. He had a par-
‘or big, flashy cars,
acs, Lincolns, Buicks
”
_ +
uentin, Ross had had
ws with a psychiatrist i
» locate the kink in his 4
what’s wrong with
ced. “When I feel I
vad enough, I steal it.
‘IT could make enough
‘
| was a job that would
year or more, but he
iat kind of job. At the
‘ted as “Habitual thief,
. . . Never sticks to
for escapes, conduct
[wo months about as
w i at an outside
aE ntly did all she
extradition and was
Cleveland on Decem-
orter who interviewed
»xplain the Haas mur- —
trying my best to stay ee :
eb ek
away from policemen,” he said. “I didn’t
want to be sent back to Folsom Prison.
Well, I pulled my gun on him (Haas).
He went for his gun, so I shot him.”
Ross also denied flatly the report that
he was a drug addict, and the Cali-
fornia prison report bore him out in
this. “I never use dope and feel sorry
for those who do,” he said. Officials
were naturally very desirous of learn-
ing the whereabouts of Carl Angell,
the prisoner’s pal, but Ross claimed he
knew nothing about that. Angell, he
said, had come as far East as Chicago
with him and had left him in the
Windy City.
‘JUST MARRIED—JUST MURD
(Continued from page 12)
~
still Norman’s personal, private life
to consider. It was known that his short
span of wedded life with the former
Joyce Stone has been most happy, but
he had not married until he was 36—a
rather late age to become a bridegroom.
The sheriff thought it possible that he
might have been involved in other,
earlier romances, and where is romance
there canvalso be anger and jealousy.
It was learned that Norman did not
become known as anything of a ladies’
man until he was around 30, by which
time he apparently felt he had _ his
business affairs well enough in hand so’
that he could take time out for romanc-
ing. It was after that that he began go-
ing with Ella Fairchild, an attractive
Surry County brunette. He also had
occasional dates with girls of his own
community, but more and more his
name became linked with that of Miss
Fairchild. They were seen together fre-
quently at dances and_ parties, and
gradually it began to be assumed that
they were “steadies” and intended to
marry. A good many people were sur-
prised when Norman later met the
pretty Miss Stone and eventually mar-
ried her.
“It could be that the Fairchild girl
didn’t like that,” the sheriff said to
Deputy Turner. “Sure, we know the
killer’s a man, but maybe she’s got
some male relatives who were angry
about it. It’s a long shot, but worth
checking.”
Turner checked it. Making cautious
inquiries, he learned that Miss Fair-
child had a _ six-foot older brother
named Luther, a man who had once
had something of a local reputation for
wildness. It was said that Luther Fair-
child, at the time his sister was jilted,
had made some furious remarks about
Wayne Norman, and Deputy Turner
decided it was time to call on the man’
in person.
He found Fairchild hard at work at
his father’s farm. A muscular, power-
Yes, there was something decidedly
wrong with George Francis Ross, and
when he went to trial in Cleveland in
February, 1952, for first degree murder,
the prosecutor said that the only thing
that would cure him was the electric
chair. He had been paroled and given
chances to make good many times, and
instead he had become a killer.
The jury seemed to agree, for they
found Ross guilty without a recom-
mendation for mercy and he was sen-
tenced to die in the wired chair at
Columbus. Unless he is successful in
winning an appeal, the execution will
take place later in 1952.
ERED
fully-built man, he wore work shoes
that seemed to be about size 11, the
same size as the footprints found near
the Norman smokehouse. Turner told
him bluntly what he was after, and
Fairchild looked surprised.
“I see what you’re getting at,” he
said. “You figure I might have had a
grudge against Norman for ditching
my sister.”
“That’s the idea,” Turner nodded.
“You said some pretty hard things about
him at the time. How about it?”
Fairchild grinned disarmingly. “Sure.
I did. I was mighty sore right then,
and maybe if I’d met Norman there
might’ve been a fight. But shucks, I
ain’t the killin’ kind. Besides, that was
months ago and I’d almost forgotten
about it,”
“Well, where _were. you Sunday
around 2 o'clock?”
The farmer hesitated. “I guess there’s
no use trying to hide it,” he said. “I was
right over in North Wilkesboro, but
I didn’t go near the Norman farm. I left
home around 1 and went over there to
call on a man who had a used tractor
for sale. The man wasn’t home, so I
couldn’t do anything about that, and I
drove back to my own place.”
“Anybody see you in North Wilkes-
boro?”
Fairchild pondered. “Well, I stopped
in at the drug store and bought a pack
of smokes. I guess the clerk there
knows me.” :
Turner thanked the man, asked him
to remain available for possible further
questioning, then drove to North
Wilkesboro. At the drug store there he
found the clerk who had waited on
Fairchild. The clerk said it was right
around 1:30 p.m. when the big farmer
had entered the store, and Turner
wasn’t forgetting that this would have
given Fairchild ample time to get over
to American Modical Asso
Se ceery tee pemnacam, Modest Anes
HOSPITAL
SICKNESS or
Every
lance «
sudden
ness. C
the scr
with a
that yor
have ix
pay Ho:
bills? I
investig
vider |
Plan th:
individu
groups |
cost th
afford. —
newest,
up-to-c
tection
ket tod:
in any
pays b
hospital
tient fo:
pital tr:
extra cc
pays fo
travel a
it
ACT NOW... SEND |
OR A POSTCARL
BEFORE IT IS
(This offer may be withdra |
rhere is no obligation—no —
AMERICAN LIFE & ACCIDEN’ |
337 American Life Bldg., St. L
Tell me how § can enroll in your |
Plan. 1 understand | am not o
Name
Street or Box No.
Town Zon
to the Norman farm well before the
Mail Coupon Tod
inment Geeeremeantens. "| sata,
time of the slaying. It didn’t seem like-
-ly that he would nurse a grudge for
months before acting on it, but still,
Fairchild wasn’t out of the woods just
yet.
- Deputy Turner returned to the
white-columned courthouse in Wilkes-
boro. to report to Sheriff Somers. He
found the sheriff in some excitement.
“Just got a call from Brannock over
in Greensboro,” Somers said. “You
remember, Ben Gilmore said he was
going over there on Sunday to visit a
girl friend at the college there. Well,
they found the young lady, and guess
what she said. She quarreled out with
Gilmore a month ago and hasn’t seen
him since! As far as she knows, he
wasn’t anywhere around Greensboro
Sunday!”
“But hasn’t Gilmore shown up at
home?” Turner inquired.
“Not once. He lives with an aunt, you~
know, and she can’t understand what’s
become of him.”
@ THIS POINTED the finger of suspi-
cion very strongly at Gilmore, and the
sheriff sent out a statewide alarm for
the young ex-salesman. He also de-
tailed Deputy Turner to get a close
_ description of Luther Fairchild’s car
and to make inquiries around the Nor-
man farm to see if he had been seen in
the vicinity around the time of the
slaying.
Meanwhile, Deputies Felix Lawrence
and Arthur Holland had been unsuc-
cessful in trying to trace the purchase
of the Remington Super X murder
shell. No merchant in Wilkesboro or
North Wilkesboro could recall a recent
sale of such shells with No. 1 shot,
though they had sold many of them
during the hunting season the previous
year. °
‘On the following day, Ben Gilmore
was still among the missing. No one
could be found around the Norman
farm who had seen Luther Fairchild in
the vicinity. That afternoon, when the
funeral of Wayne Norman was held, the
crime was still unsolved.
‘Sheriff Somers and several of his
deputies were present at the cere-
monies. Bryant Stone stood grim-faced
at the side of his sobbing daughter as
the clergyman read the final words.
After the coffin was lowered into the.
grave, Stone stepped forward and
raised his hand for attention. Scores of
mourners waited to hear what the
father-in-law of the victim had to say.
“Just a word, folks,” Bryant Stone
said earnestly. “I don’t need to tell you
that Wayne’s killer is still at large. I
know that all of us want to do what
we can to help bring him to justice.
That’s why I say, if anyone has any
information at all, that might have a
bearing on the case, please come to me
with it. I just can’t rest until this ter-
rible ina has been solved.”
This stirring appeal seemed to have
an electric effect on the crowd. A num-
ber of them waited to grip Stone’s hand
and murmur words of sympathy and
encouragement before they drifted
away to their waiting cars. Sheriff
Somers himself lingered to speak with
Stone and thank him for his help.
“It was little enough,” Stone said. “If
it brings in just one little clue, I'll be
satisfied.” He gazed questioningly at
the sheriff. “How about young Gil-
‘more—you catch him yet?”
“Not yet,” Somers admitted, “but I
don’t think it will be long before we do.
We've broadcast his description, and
that of his car.”
Stone nodded. “Well, between you and
me,” he growled, “it’s my opinion that
when you get him, you’ve got the killer.
Why, that kid was just crazy jealous
of Joyce!”
“Did he ever make any threats
against Norman?”
“T don’t know about that,” Stone said,
“but I heard that he had it in for
Wayne. And I'll tell you something he
once said to my daughter. He told her
that if she ever left him, he'd kill her
and then commit suicide.”
That, of course, might be significant
and then again it might merely be the
meaningless talk of a young man too -
seriously smitten with love to be care-
ful of what he was saying. Still, the
sheriff went back to his office hoping to
receive word that Gilmore had been
taken into custody. He waited in vain,
however. That afternoon there were no
further developments except one that
completely exonerated Luther Fair-
child.
A neighbor of Fairchild’s nll. seen
the farmer drive into his barnyard at
exactly 2:30 Sunday afternoon. The
neighbor swore that he could not be
mistaken, for he timed it with the end
of a favorite radio program to which
he had been listening. Fairchild could
not possibly have committed the crime
and gotten home at that time unless
he covered some 20 miles of country
roads at an average speed of 90 miles
an hour—an impossibility with a new
car, much less Fairchild’s elderly ma-
chine.
As a result of Bryant Stone’s public
appeal at the cemetery, several citizens
had come in with driblets of informa-
tion of dubious value. Nevertheless,
they had to be checked and the sheriff
returned to his desk after dinner that
evening hoping for the break that
would solve the mystery. At 7:30, he
glanced out his window and saw a
snappy convertible coupe stop in front
of the courthouse. A slightly-built
young man clad in slacks and a blazer
jacket leaped out and ran into the
building. A moment later he. dashed
into the sheriff's office, out of breath
_to drive to Greensboro, right?”
- and appearing somewhat angry.
“Well, if it isn’t Ben Gilmore!" aa e
‘Sheriff Somers. “Just where have you
been, young man?”
“I just heard the cops have bee
looking for me all over the state,” Gil-
more panted. “Do you think I shot .
Wayne Norman, for cripes sakes?” a
“Wait a minute, now,” the sheriff =<
said, raising his hand. “Let’s begin at
the beginning. On Sunday morning you
left your home saying you were going
@ GILMORE sat down. “That’s wes oe
I had a girl at college there and we used
to be pretty thick until we had a tiff ~7-
about a month ago. I was aiming to get
together with her and. maybe pick up
where we left off.” i:
“Well, how did you make out with
her?” Be e
It was a loaded question, but the
young man did not take the bait. “I
didn’t go there after all,” he said. “I got
to thinking about it as I drove and I
decided it would be foolish to go all .~
the way over there without even ar-
ranging a date with her beforehand. ~ -
She’s a looker, and I figured she’d prob-
ably be lined up with some other guy «+
for the day.” . te
“So what did you do?” :
“I turned off and headed over: to
Mount Airy instead. I’ve got some rela-
tives there, and besides I wanted to call
on a few sales prospects in that area.
I’m selling equipment for textile manu-
facturers, you know.” Gilmore broke
off suddenly. “But all this is beside the
point. The point is that I had nothing. 5
to do with this—er—murder.” Be.
“We're coming to that,” the sheriff =
said patiently. “You mentioned your ~~
job. You changed jobs sometime last me
fall, I understand. How did that come =
about?” ee:
‘Gilmore looked puzzled. “How’d it
come about?” he echoed. “Why, the
usual way. I quit my other job because
I got a better offer, that’s all.” .
“That’s peculiar. Someone told me
that you were fired, and that you sus-
pected that Wayne Norman pulled some
strings to get you fired.”
“But that’s ridiculous!” the salesman
exploded. “I most certainly did not get
fired. I quit of my own volition, and
you can check that easily enough.”
Gilmore said that he had remained -
‘in Mount Airy three days, staying with
relatives, and during that time had
managed to make a rather lucrative
sale to a client. He admitted that he had
been thoughtless in failing to inform
his aunt where he was, but he had been |
so engrossed in his work that he had ~
forgotten. On Sunday afternoon at the
time of the murder, he said, he was just
finishing dinner in Mount Airy with =
several of his relatives. Immediately ae
after dinner he had gone out to the 9)
oa
rig
Oe ee
cates = mat
eC ot amas
zat
behdindapeonctndeedenienon ith ie dead
acids) oy leicht Anal
o's
ely esate al i Pini gne
swadetcoes 7%: cate 0 tn ahaa i
Sh ott resntas
— = a
not yet been organized. It was obvious
‘that the killer, unless he lived very
close to the Norman place, would have
gotten a soaking before he reached
cover. ;
“That business of Stone walking stiff-
legged puzzles me,” Somers admitted
to his men.
“It puzzles me too,” Deputy Turner
nodded. “Pendry and I were at Stone’s
house around 5 o’clock that afternoon.
There was nothing wrong with his leg
then that we could see. In fact, he
walked across the room and kicked a .
hassock into place—didn’t limp at all.”
From Carl Myers, another neighbor-
ing farmer, they got further interesting
information. Myers had also seen Stone
walking stiff-legged down the road, and
noted that his clothes were wet, but he
also noticed another detail.
“Stone kept his left hand in his
pocket as he walked,” Myers recalled.
Somers pondered this item. It struck
him that there was something fishy
about Stone’s limp, and that there must
be a clue in it somewhere. His hand was
' kept in his pocket . . . Suddenly the
sheriff's face cleared.
“I have it!” he exclaimed. “I. think
there was a large hole in Stone’s pants
pocket. He had his hand thrust down
through the hole in the pocket.”
“What are you driving at?” Turner
asked.
“Just this. Stone had to get that shot-
gun away from the murder scene with-
out anybody seeing him carrying it. He .
ran off through the woods, but when
he came out on the road he stuck the
shotgun down his trouser leg, holding
the stock through his pocket. That’s
why he walked stiff-legged!”
™ WITH ONE ACCORD, the investi-
gators piled into their cars and drove to
the Stone farm, a prosperous-looking
place surrounded by well-trimmed
knew what that acrid smell was. Gun-
powder. Someone, undoubtedly bent
on robbery, had murdered the old
man. Mahoney suddenly seethed with
anger. A bachelor, the kindly old
Schulte had been known for his liking
for children of the neighborhood, often
dishing out pennies for candy. Only
ten days earlier, Schulte had told Ma-
honey that he was planning to retire.
“Tm getting nigh onto 80,” he had
said, “and my eyes aren’t as good as
they used to be. Guess it’s about time
for me to take it easy.”
Now the sands of time had run out in
violence for big-hearted Joe Schulte,
time the shower came, the search had
lawn. Bryant Stone did not appear ex-
actly overjoyed to see them, but he
admitted them.
“Making any headway in the case?”
-he asked the sheriff, ne
“I believe so,” Somers replied. “We
came to ask if you owned a shotgun.”
“A shotgun!” Stone bristled. “I don’t
know why you're asking me that ques-
tion, but the answer is no. I used to own
one years ago but I sold it.”
“Mind if we look around your place?”
The planter glowered. “You mean
you doubt my word?”
“Not at_all, not at all. But there are
certain rumors going around, and I
think we should settle them right
now.” | .
Stone grudgingly consented, and the
officers went through the house. They
found no shotgun in any place where a
gun might be expected ta be kept, but
they didn’t stop looking. There was a
large, old-fashioned trunk in one of the
bedrooms, and Stone unlocked it at the
sheriff's request, though with noticeable
lack of cheerfulness. Somers pawed
through numerous old garments, then
came to a layer of tobacco leaves.
“I put them there to keep moths
away,” Stone growled.: “I wish you
wouldn’t disturb them—they’ll crumble
and get all over the trunk.”
“No, they won’t crumble,” Sheriff
Somers said. “These leaves are still nice
and green—haven’t been here very
long.”
He pulled them aside. Underneath
was a dismantled shotgun. “Well,” he
remarked, “I thought you didn’t have
a shotgun.”
Stone’s face went pale. “That—that’s
an old gun, been around for years,” he
stammered. “I clean forgot I had it.”
In the trunk was also two boxes of
Remington shells, loaded with No. 1
shot. “I’m arresting you on a charge of
murder,” the sheriff said quietly to
Stone.
HOW TO CATCH A KILLER
(Continued from page 47)
and he would never get the opportunity
to take it easy.
Trembling with rage, Mahoney got,
to his feet and leaped for the telephone
to call the police. Then abruptly he
paused. That fellow in the light gray
suit who had just left the store—the
one who had glanced around so fur-
tively before he darted away—he must
be the killer! Not only that. It would
take the police at least five minutes,
maybe more, to reach the spot. By that
time Mr. Gray Suit would be irre-
trievably lost in Chicago’s teeming
home-going millions.
There was only one thing to do, if
é ae :
- Bryant Stone protested bitterly but |
he was taken to headquarters and ques. e
tioned. He soon regained his compoe . _@
and contemptuously denied any ‘
nection with the slaying of his son-jn.
law. He admitted he had been opposed
to the romance—admitted that he had)
torn down the letterbox in which his
daughter and Norman had ex ed
come to regard Wayne Norman with” |
4h:
“The only reason I was agai ; him
he was 36 and I felt that my daughte .
was too young to marry.” “ete
yal eh
"Yasar he Se
No amount of grilling could b eak
him down, but a few days later Stone i
with only circumstantial evidence —
against him. ra be
The testimony of witnesses who had i
seen Stone stumping stiff-legged down _
the road in wet clothing impressed the
jury, as did evidence of Stone’s en- |
mity toward Norman. After four hours
of deliberation, the jury found him an
guilty, and Judge G. B. Cowper sen- a,
tenced him to death in the electric
chair. - ee (nein
The case was appealed, but after a_
year of legal maneuvering Stone was =
still judged guilty.‘ On September 8, Ai
1933, he was escorted into the death —
house at the state prison at Raleigh a
and asked if he had any final words to as
say. Bryant Stone, who had never con=..
fessed, simply shook his head and went
|
|
convicted without a confession, and~ ‘
|
|
|
to his death. ~ ee
. f Bek, “Wi
Eprror’s Nore: The names Victor @
Hawkins, Luther and Ella Fairchild ~
and Ben Gilmore, as used in this narra-
tive, are fictitious.
Mahoney had the courage, and that ~
was for him to follow the killer himself -
if it was not already too late. _
Motorman Bill Mahoney had the -
courage. He dashed out of the shop and
headed eastward, the same direction
the man had been going. Already per- |
haps a couple of minutes had elapsed, Ge
and it was easily possible that the man
had jumped into a taxicab, or entered ©
a building, but Mahoney kept going. He —
felt sure that he would be able to spot
the man, even in a crowd, because of Fig
the unusually light-colored suit he a
wore, , an
He began to lose hope when he had
Bryant, white,
elec,
NC
bl
‘e)
P (Wilkes) on Sept, 8, 1933,,,
“ays 5 eee
Deputy Sheriff Felix Lawrence holds murder weapon as he
indicates smokehouse wall through which the ambusher fired
4
The CRIME |
| at King Fire Mountain
se
WHAT STRANGE MOTIVE IMPELLED A KILLER
TO BLAST DOWN A MAN WITH A SHOTGUN?
BY ABBOT BANKS
Wayne Norman (left) dozed in chair on |
porch (below) unaware that death was
lurking but 20 yards away from him
O MOST of the residents on King
Fire Mountain, the ardent court-
ship of Wayne Norman for the hand
of lovely, golden-haired Joyce Stone
provided a choice topic of conversa-
tion that usually brought forth di-
vergent opinions as to the lovers’
chances for real happiness.
The contradictory beliefs were
pegged on the same set of circum-
stances: Joyce was a_ blue-eyed
beauty of only 17, shy and demure
in manner; Wayne was 36, with an
exuberant, happy-go-lucky person-
ality. Joyce was the daughter of Mr.
and Mrs. Bryant Stone, and had
lived a rather sheltered life on the
family farm known as “Whiteacres;”
Wayne had kicked around quite a
bit, and after a hitch in the navy
had tried several jobs. When he met
Joyce he was operating a used-car lot in Wilkesboro,
and had acquired the reputation of being a Lothario in
the bustling textile and furniture making town ten
miles to the east of King Fire Mountain.
Thus, the belief that the wide difference in age, up-
bringing and background doomed the couple from the
start was met with equal certainty on the part of
Joyce’s and Wayne's defenders that these very differ-
ences would react to their advantage—that Wayne was
at the age to settle down, that he would realize he had
a lot to counterbalance and would become a model
:
it
{
HN
1
I
!
40
-toral community is well-populated,
husband and a credit to the town.
King Fire Mountain is a softly
molded knoll in North Carolina’s
Blue Ridge range, and the lush pas-
dotted with farms ranging from a
few acres to the impressive estates.
Thick belts of pine forestland tuft
across the well-tilled tobacco and
corn fields. Shortly after Wayne be-
gan pressing his attentions upon the
pretty girl, more than one resident
of King Fire Mountain observed
that these woodlands were serving
as trysting places for the couple,
since the car dealer’s yellow Ford
convertible was often seen parked
on some shadowed lane.
However, it soon became clear
that parental objections to any seri-
ous courtship had been removed, for
during the first week of April, the
Stones publicly announced the en-
gagement of their daughter, Joyce,
to Wayne Norman.
Announcement of the engagement
brought another wave of dire proph-
ecy by the neighbors as to how
solid the marriage would be, a wave
that spent itself against the certain-
ty of others that the couple would be
enduringly devoted to each other. In
the quiet, scented’ spring nights, when rockers and
swings creaked in unison with animated gossip, there
was no sign, no omen that the question would soon re-
solve itself—that within a few fleeting weeks Wayne
Norman’s depth of passion for the lovely teen-ager
would become a poignant page in one of North Caro-
lina’s greatest criminal dramas.
Less than three weeks after the engagement was an-
nounced Joyce and Wayne were married. After several
blissful days in the Great Smokies resort area and a
visit to relatives in Chattanooga and Knoxville, the
honeymooning couple returned to Wilkesboro. Imme-
diately after their return, stern, practical Bryant Stone
had a long. talk with his son-in-law. He managed to
persuade Wayne that there was more of a future in the
rich farmlands of King Fire Mountain than in the pre-
carious ups and downs of the used-car business.
“ve got a small farm in mind for you, but you can
do a lot with it,” he told Wayne. “I’ll help you all I
can, so will Mrs. Stone.”
After wavering in doubt, Norman soon agreed to the
proposition. He sold the car business and moved with
his bride into a modest, slant-roofed farmhouse about
a mile from his in-laws. True to his promise, Stone was
unstinting in his aid. Some of the acreage was already
covered with wide-leafed tobacco, the state’s “golden
crop,” and the father-in-law soon seeded the rest of
the fertile land with corn and truck vegetables. Mrs.
Stone provided a number of- pieces of furniture, and
helped Joyce put up crisp, new organdy curtains in
the living room and the bedroom. oo
Once they had settled down, the vista of endless joy
appeared cloudless. Wayne worked hard in the fields
all day, and then came home to the soft, embracing
arms of his pretty bride. To the neighbors and any
He lived by a cast-iron code, and died
when he departed from it for vengeance
number of Joyce’s circle of girl
friends, it was apparent that the
couple was blissfully happy. The
calamity howlers soon lost voice,
and grudgingly admitted that
Wayne Norman had certainly turned
over a new leaf. “Any man who
works as hard as he does must be
set in his ideas about his future,”
one of them complimented.
The neighbor’s remark, doubt-
lessly, amused a sardonic Fate. For
despite his new hopes, his new de-
termination, there was little of a
future left for Wayne Norman.
No one, of course; suspected this
on the last day of his life—June
12th, 1932. This was a warm, sun-
splashed Sabbath. After leaving the
church, with its spire limned against
the purple haze of the distant moun-
tain peaks, Wayne and Joyce drove
back to the cozy farmhouse. While
Wayne pawed through the thick
Sunday edition of the Charlotte Ob-
server, Joyce prepared a dinner of
fried chicken. During the middle. of
the dinner, Jo Ann Smith and Peggy
Vickers, two good friends of Joyce’s,
dropped in. They gleefully availed
themselves of an invitation to finish
up the chicken.
After the dinner the girls pitched in to help Joyce
with the dishes, and Wayne strolled back to the front
porch, seating himself in a wicker chair. Shortly, Joyce
opened the screen and suggested that they drive into
town, and from there perhaps take a spin out to Blow-
ing Rock, a popular summer resort not too far away.
Wayne, however, found the invitation unappealing.
“Honey, there’s a cool breeze here and I’m as sleepy as
a well-fed pup. Why don’t you and the girls go on and
have a good time?”
Joyce let the screen slam behind her, walked over to
her husband and with mock severity grabbed both his
ears. Then she kissed him. ‘Please, darling, it won’t be
much fun without you.” But Wayne smilingly shook
off her entreaty, and Joyce finally agreed to drive into
Wilkesboro with her friends.
Presently the three young women emerged from the
bungalow and with much gay chatter clambered into
the front seat of the yellow convertible. Joyce threw
her husband a kiss, and then slowly began tooling the
car down the winding, white clay lane that led to the
main highway.
She had proceeded less than a quarter-mile when
she heard it—the ripping sound of an explosion fol-
lowed by a weird, unearthly scream.
“Good heavens, what was that?” exclaimed Peggy
Vickers. Instinctively she glanced toward the west.
where heavy black clouds were beginning to pile up.
“That didn’t sound like thunder.”
Joyce pressed her slippered foot against the brake
pedal. Pale, wide-eyed, she glanced backward. “I!
sounded as if it came from the house. We’d better. gc
back.”
_ On the ride back the girls remained silent until Jc
Ann broke the ‘gnawing uncertainty by exclaiming:
Love will find a way, and it did when
girl forbidden to see her beau built a
mailbox by tree that Deputy Lawrence
points out and exchanged love letters
which resulted in marriage—and murder
a
a) a
‘ ah nt
wi
OQMAnrnudOonr
(72088541910
i)
mri
Dp
of an adjacent office, waved the youth
to a chair.
“Sheriff, will you tell me what this
is all about?” he pleaded.
Somers surveyed him with a sharp,
almost baleful look. “That attitude
won't get you very far,” was his crisp
rejoinder. “Wayne Norman was mur-
dered early yesterday afternoon”’—
it was now a quarter past midnight—
“and the facts we have at hand in-
dicate you know quite a bit about it.
So I’d suggest you drop this pose of
innocence, Billy. It won’t do you a
bit of good.”
Hines’ face drained white. “Norman
—murdered!” he echoed. For several
seconds the suspect’s jaw gaped loose-
ly, as if he found it difficult to com-
prehend _ this jolting information.
Then, with a loud intake of breath,
he said, “I see it all now. Somebody
killed Wayne Norman and you think
I did it. Well, thank goodness Sunday
was one day I decided to stop thinking
about Joyce and have a good time.”
“What do you mean by that?”
Hines, in the ensuing explanation,
admitted that he had brooded a great
deal about Joyce’s marriage to a man
he disliked. But early on the morning
of the murder he had driven with
his friend to Roaring River, a hamlet
about 12 miles away, and spent most
of the day in the company of two
girls who were introduced to him by
his friend. Almost meticulously he
detailed his movements—a swim in
the pond on the farm of one of the
girls, a mid-day meal at the farm-
house, then a ride along State High-
way 21, pausing late in the after-
noon at a tavern where they had
barbecue sandwiches. After dropping
the girls off at their respective homes,
his friend offered to take him back
to King Fire Mountain, but he pre-
ferred to “mess around town,” even-
tually winding up at the drive-in
where he was arrested.
Despite the late hour, Somers dis-
patched deputies to check on his alibi.
‘A little over three hours later the
deputies returned and apprised Som-
ers that Billy’s alibi was without any
visible discrepancy. The family of the
girl on whose farm he allegedly had
spent much of the day corroborated
this. The factory worker, a man of
unblemished reputation, confirmed
the jilted suitor’s story. Consequently,
shortly after dawn Hines was release
from custody and declared completely
-innocent of any guilt in the slaying.
Meanwhile, suspicion became in-
tensified against Robert Trimmel as
he failed to return to his home
throughout the night. However, a
little before 8 o’clock Deputy Pendry,
patiently waiting at the transport
concern where he was employed,
spotted the suspect when he tooled
his Ford coach into the company
parking lot. A tall, lanky man with
thick black hair, Trimmel met the
arrest with an angry disclaimer.
“Somebody is as batty as a loon. I
don’t know a thing about any mur-
der! I’ve been away the whole week
end!”
Oddly enough, when taken to the
sheriff’s office he presented an alibi
that was almost identical with that of
young Hines. He said that he had
driven with a friend over to Winston-
Salem Saturday afternoon, and after
checking into the Robert E. Lee Hotel
had engaged in a round of social activ-
ity with two girls whom his friend
knew. They had visited a lake on the
outskirts of the tobacco city and had
IT SMELLS GRAND
4s
y, ty >,
peta |
Ie
= wa P $33]
HERE'S THE SEASON'S
FRAGRANCE HIT!
IT PACKS RIGHT
THERES LOTS
OF FUN IN LOADING IT
ANO MAN -WHAT PLEASURE
WHEN ITS LIT /
IT CANT BITE!
SIR WALTER RALEIGHS BLEND OF
CHOICE KENTUCKY BURLEYS IS
EXTRA-AGED TO GUARD AGAINST
TONGUE BITE. XMAS WRAPPED
...IT MAKES A PERFECT GIFT.
attended a dance that night. There
had been considerable drinking dur-
ing the evening, and he slept late
Sunday morning. At the time of the
murder—now established as being
shortly before 2:30 p, m.—he believed
he was in the hotel restaurant hav-
ing dinner.
“There was a red-headed waitress,
we kept kidding her about her
freckles,” he recalled. “She ought to
remember us.”
Why had he stayed away through-
out Sunday night? That, he said, had
a simple explanation. He and his
friend had decided to drive to Greens-
boro, 25 miles further east. They had
bumped into a party at a roadhouse
where an insurance agent invited
them to his home for some extended
drinking. When they started back it
was quite late, and he had reached
North Wilkesboro in time to have
breakfast at a local restaurant before
reporting for work.
Deputies Arthur Holland and Felix
Lawrence were sent to Winston-Salem
to check his alibi, while Somers con-
tinued questioning the truckdriver.
During the lengthy interrogation
Trimmel candidly admitted that he
hadn’t been particularly fond of Nor-
man. “But if you think I’d do some-
thing as whacky as going out to his
farm and murdering him in broad
daylight, you’re way off the beam,
Sheriff,” he declared. “Why should I
kill him? I had only seen that girl,
Joyce, twice in my whole life.”
His forthright manner inevitably
aroused some depressing doubts in the
mind of the sheriff. Consequently,
when Holland and Lawrence returned
from Winston-Salem with news that
Trimmel’s alibi was hole-proof, and
that the red-haired waitress actually
remembered serving him and his
friend around 2 Pp. M. on Sunday
afternoon, Somers commented weari-
ly, “I had just about decided he was
not involved in the killing. And that
leaves us high and dry.”
The thwarted officials fell back on
routine measures. A study of the
photographs made of the heel-print
by several shoemakers brought the
information that uneven placement of
the nails indicated a non-professional
had installed the heel, thus confirming
Deputy Lawrence’s opinion of “a
home-made job.” However, efforts to
find a suspect with a penchant for
repairing his own shoes failed to bring
any immediate results.
‘An incisive check the following
day, Tuesday, for purchasers of Rem-
ington Super-X shells, or owners
of 20-gauge shotguns, succeeded in
dredging up the names of no less than
nine persons. That afternoon, as the
investigators strove to determine
whether any of these men were con-
nected with the slaying, Wayne Nor-
man was buried in a hillside cemetery
near the church he had attended.
After the ceremonies had been con-
cluded, Bryant Stone, one arm pro-
tectingly around his bitterly sobbing
daughter, raised the other for atten-
tion. “Perhaps this is not the proper
time to remind you of this, but a
terrible wrong has been done,” he
declared, the muscles in his face
working with pent-up emotion. “A
coldblooded murderer is on the loose.
He has wrecked my daughter’s happi-
ness, and made us fearful of our own
neighbors. I beg of you, if you know
anything at all, tell me or tell the
good officers of this county, so that
wa
aL, fe
MED,
Le WG
Ns CAC ES Rees
:
4
a
Foregoing further questioning,
Sheriff Somers ordered the dogs de-
ployed. His hopes bounded upward
as the hounds began tugging Pendry
across a field knee-high in green
corn. Then came the first of several
ironic setbacks that were to plague
him during the ensuing probe.
Lightning began appearing through
the cloud-blotted sky, and within
minutes a drenching downpour was
sending miniature torrents of water
along the furrows in the corn-field.
Stifling his disappointment at
realization that the heavy rain:
would unquestionably wipe out any
scent made by the killer, Somers
and the deputies hurried back to
the victim’s home. Nearly a score
of neighbors had crowded on the
porch, sheltered from the lashing
rain. Somers conducted an inclusive
questioning of the group—had they
spotted anyone acting suspiciously
during the day? Had they seen any-
one hurrying away carrying a wea-
pon of any description? Were they
aware of any grudge against the
young farmer?
Their responses were unvarying-
ly negative, and the sheriff moved
inside. In the sitting room several
women conversed in hushed tones.
One of them looked up as Somers
entered, and, as if divining his pur-
pose, inclined her head to a nearby
bedroom. :
Apparently grief had drained any
outward display of emotion from
the young widow. Joyce Norman
lay quietly on a bed, with two wom-
en neighbors hovering nearby. She
stared numbly at the ceiling, one
hand listlessly pillowed in the folds
of her flowered skirt, the other
clenching a handkerchief which she
didn’t bother to move to her tear-
streaked face.
Gently, patiently, Sheriff Somers
tried to question her. At first she appeared unaware of
his presence, But in a short while she reacted with
choked, halting replies. No, except for Peggy and Jo,
they had had no visitors that morning. No, she knew of
no enmities her husband had incurred lately. What
about his helpers—had there been an argument of any
kind? Wayne, she said, had had only two hands to help
him on the farm. “They would never shoot my husband
in cold blood,” Joyce whispered.
“Then who do you think did it?” Somers pressed.
The girl moved her head back and forth in a wrench-
ing motion, and tears once more filmed her eyes. “I
don’t know. He loved me and I loved him, we never
troubled anyone. All.I keep thinking is that it was a
horrible mistake, perhaps someone shooting carelessly
from the fields. Perhaps some boy, who is too fright-
ened now to come forward and admit what he has
done”
Deputy shows chink
in smokehouse; powder-burns stained inside of board
Almost as quickly as it had come, the downpour
ceased and the late afternoon sun edged from behind
a cloud. Somers and his deputies began a search around
the farmhouse, hoping for little because of the oblit-
erating rain. But at the entrance to a smokehouse,
protected by a tin roof overhang, Deputy Lawrence
suddenly stooped over a faint impression in the damp
clay. The others, crowding around, quickly agreed that
it was the print of a heel.
“Those nails go a little deeper than you’d expect,
like it was a home-made job,” Lawrence said.
“Could have been made by Norman. Or his helpers.
Or any of the neighbors who came running here,” said
Somers. “But let’s take a look inside this smokehouse.”
The tiny house, built of rough-hewn logs, was redo-
lent with the odor of dried tobacco leaves, kerosene
and the faint musk of feed. Somers stiffened as he
noted that on one wall of the (Continued on page 68)
42
Paris Turner was one of the deputy sheriffs who followed
baying bloodhounds until storm washed away killer’s scent.
“Oh, Wayne probably took a pot-shot at some animal
in the fields. We’re acting like kids!”
Through clenched lips, Joyce refuted this. “Wayne
doesn’t own a gun.”
The convertible rounded the final bend in the road,
and they immediately saw an ominous, pulse-quicken-
ing sight—a motionless figure sprawled awkwardly on
the porch, both hands spread outward in a frozen,
helpless gesture.
“It’s Wayne. Something has happened!” screamed
Joyce. With almost a single movement she stopped the
car and pushed the door open. She ran across the front
lawn, then felt a surge of horror and fear sweep up
within her as she reached the porch.
Wayne’s face was twisted to one side. His eyes were
open, but they stared in glassy concentration at a porch
pillar. A thick red stain was beginning to inch from
beneath his body, spreading along the polished gray
wood of the porch,
Choking off a wild sob, Joyce struggled to turn her
husband over. When she did, she saw the shredded
flesh of his throat, the front of his chest that was one
To break case Sheriff Somers (r.) knew he must find the
motive—didn’t know it was to be’ one of crime’s strangest
mass of blood. She fell to her knees, crying brokenly.
The macabre sight wasn’t missed by the bride’s com-
panions, and they began screaming wildly into the
Sabbath quiet. Inevitably the shrill screams brought
three neighbors on the run.
They rushed the farmer to the Wilkesboro Hospital.
Although the spark of life still lingered, surgeons soon
revealed that their desperate efforts would be of little
avail. As often happens with mortally wounded per-
sons, Norman regained consciousness for a fleeting few
minutes. Dr. F. C. Hubbard bent over him, asked with
quiet insistence, “Who shot you? Did you see the per-
son who shot you? Give me his name.”
But Norman could only whisper through gaunt, col-
orless lips. “I don’t know. I saw no one.”
Approximately ten minutes later he died.
The weird, vicious slaying soon precipitated con-
crete action by the Wilkes County authorities. Sheriff
W. B. Somers, a slender, quiet-mannered man with a
background of police work in several North Carolina
Cities, sped with Deputies Garnet Pendry, Paris Turn-
er, Felix Lawrence and Moody Purdue to the farm.
Riding in a separate pick-up, Deputy Pendry brought
along his two prized bloodhounds.
Arriving at the farm, Somers quickly distilled one
clear fact from the confused and often conflicting smat-
tering of detail offered by shocked neighbors—Wayne
Norman had been seated alone on his front porch and
seemingly from out of nowhere an unknown assassin
had poured a lethal load of shot into his body.
68
THE CRIME AT KING FIRE MOUNTAIN
(Continued from page 43)
smokehouse that faced the bungalow
was a dark, black stain. He walked
over, sniffed, then said, “Cordite!
Somebody fired a gun through this
chink in the wall!”
Just minutes later his ominous
theory had been borne out—partially
hidden by a fallen shovel lay a red,
exploded shell. Purdue, examining it,
said, “It’s a Remington Super-X shell.
Looks to me like it would fit a 20-
gauge gun.”
Somers. pressed himself against the
wall, close to the powder-burned logs.
In this manner he ascertained that a
‘gun poked between the cleft in the
logs, could be trained with unerring
aim at the porch, just 20 yards away.
He turned around, the muscles in
his jaw flicking. “The girl thought
it was an accident, a stray shot,” he
told the silent deputies. “But this
proves otherwise. Someone deliber-
ately set about to murder Norman and
did it without a hitch. Let’s get mov-
ing!”
Neither the sheriff’s office nor the
local police department was equipped
with facilities to take moulage casts,
so Somers did the next best thing.
He ordered Deputy Purdue to find a
hamper and cover the heel-print until
a commercial photographer could be
summoned from Wilkesboro. The im-
portance of the heel-print was still
unresolved, since it could have been
made by an innocent person. But
Somers knew he couldn’t afford to
overlook its potential value as a clue.
The sheriff renewed his questioning
of the neighbors still clustered around
the bungalow. Many of them, appar-
ently, had shared Joyce’s belief the
farmer had been shot in a weird ac-
cident, for when the trend of Somers’
questioning indicated that Norman
was the victim of a cunning slayer
who had patiently awaited his chance
to kill in the shadowed smokehouse,
there was considerable bewildered
headshaking.
“It just don’t seem possible,” one
grizzled farmer declared. “Somebody
getting in there in broad daylight and
then shooting him like he was a sit-
ting duck.”
That such a brazenly diabolic act
had been successfully carried out per-
suaded Somers he could bank on one
certain aspect in the mystery—who-
ever had murdered Norman was
aware of the chink between the logs
that would permit a straight trajec-
tory toward the porch. This, in turn,
led to the obvious conclusion that the
killer was completely familiar with
the terrain of the farm, and possibly
with the victim’s habits.
While the deputies pressed for some
hint as to the owner of a 20-gauge
gun, or someone who had borne Nor-
man a grudge, Somers drew Jo Ann
Smith and Peggy Vickers aside.
Somers asked whether they knew
of anyone who had hated Wayne Nor-
man. He experienced a tremor of ex-
citement when Jo Ann blurted out:
“T don’t know if he hated Wayne,
but. he certainly acted upset when he
married Joyce.”
“Who?”
“Billy Hines. He lives with an aunt
and uncle about three-quarters of
a mile away.” Somers’ interest vaulted
upward as the girls explained that
Billy Hines and Joyce had known
each other since early childhood, that
they had gone swimming together
countless times during the warm sum-
mer months, had paired off together
during school picnics. Billy had been
Joyce’s leading suitor before Nor-
man arrived on the scene. “Billy was
crazy about her, and everyone ex-
pected they would get married some
day. When Wayne and Joyce got mar-
ried instead, Billy stayed drunk for
a week. At least, that’s what I heard.”
The sheriff had questioned the
girls in the privacy of his car. When
he returned to the bungalow he
learned that the Stones, parents of
the bereaved bride, had arrived.
Stone, a tall stalwart man with thick
brown hair parted in the middle, ap-
peared to hold his emotions in check
only with considerable difficulty. He
paced the floor of the living room
restlessly, removed his tie from the
starched white collar as if it were a
burden, and whirled on the sheriff.
“Somers, I understand you’re getting
nowhere fast. That killer is bound to
be still in those woods. He wouldn’t
risk coming out in broad daylight
with a shotgun. What we ought to do
is get up a posse and scour every
foot of these hills. That’s the only
way to get him!” he declared vehe-
mently.
Soothingly Somers pointed out that
a search had already been made of
the surrounding fields and woods, and
that the heavy shower had destroyed
any chance of a trail being followed
by the bloodhounds. Moreover, to
broaden a hunt through the heavy
wooded areas beyond King Fire
Mountain would be an enormous
drain on available manpower and
possibly a complete waste of time,
since circumstances now indicated the
slayer may have been someone in the
community. “Whoever he _ is, he’s
had time to slip back into his normal
environment, to act just like one of
us.”
Stone nodded quickly. “That’s a
smart idea, Sheriff. I hadn’t thought
of that.”
Abruptly Somers asked him, “What
do you know about Billy Hines?”
The father of the bride appeared
startled. He shook his head, finally
said, “You mean Billy might have had
a grudge against Wayne, because he
always expected to marry Joyce, don’t
you? Well, I don’t think there’s much
to that. He’s a peculiar boy, but I
don’t believe there’s an evil thought
in his body. There’s somebody else
you ought to look into, more than
him.”
Stone named this new suspect as
Robert Trimmel, and as the sheriff
listened with increasing interest, told
him why Trimmel should receive of-
ficial attention. He said that shortly
after learning of Joyce’s interest in
Norman, he had asked his daughter
how she had come to meet him. The
girl, after some hesitation in view of
her father’s stern view of such mat-
ters, revealed that she had met Nor-
man through Trimmel, who had once
been a business competitor of her
future husband. She had met Trim-
mel at a drugstore fountain in North
Wilkesboro, which lies across the
Yadkin River from Wilkesboro, the
county seat. A rivalry had sprung up
between the men and at one time
Trimmel had accused Norman of “‘try-
ing to take over every girl I meet.”
“J learned all this,” concluded
Stone, “by just asking around in town.
I didn’t mean to snoop, but I had
Joyce’s best interests at Rian. I didn’t
want her to get mixed up with just
any no-count.”
The aura of suspicion now glared
brightly upon two men—the youth
who had always expected to marry
Joyce, and a former salesman who
may have nursed a petty grudge into
a maniacal hatred. Sheriff Somers
moved swiftly to determine whether
either could be tabbed as the slayer
who had snuffed out the life of the
dozing bridegroom with a well-aimed
shot from the concealment of the
smokehouse. }
Deputies, rushing to the home of
Billy Hines, soon reported that he
had left early Sunday morning, osten-
sibly to visit a friend in Wilkesboro.
Despite this faintly suspicious circum-
stance of an all-day absence, the aunt
and uncle were positive that Billy did
not own a 20-gauge shotgun, nor did
they have any knowledge that he had
borrowed one recently. “Besides,” the
aunt told them with trembling per-
suasiveness, “Billy isn’t the kind of
boy who’d kill a man in cold blood.”
Nevertheless, police in the twin
communities of Wilkesboro and North
Wilkesboro were urged by Somers to
make an all-out search for the missing
suspect, a search momentarily com-
plicated by the fact that neither the
aunt nor uncle could advance the
name of the friend he was supposed
to visit.
Another rebuff was encountered by
the investigators when they sought
to find Trimmel, now employed as the
driver of a tank truck hauling milk
from nearby dairies to a processing
plant in Winston-Salem, a_cigarette
manufacturing center 58 miles to the
east. Trimmel could not be found
immediately. Several witnesses re-
called that he had made the rounds
of several taverns the previous night.
Saturday, in company of another cou-
ple, had been drinking heavily, and
at one nightspot had quarreled_ vio-
lently with an army sergeant on leave
from Fort Bragg. However, Somers
was too experienced an official to al-
low any prejudgment of guilt mere-
ly on the basis of such familiar week
end pecadillos as heavy drinking and
a tavern brawl. “It could mean noth-
ing,” he warned the deputies. “We’ve
just got to wait and see. The drinking
and fighting might show he was in a
mental state that could lead to a kill-
ing, but we need some hard evidence
to back up any ideas along that line.”
Meanwhile, news of the shocking
crime had swept through Wilkesboro
and North Wilkesboro, where Nor-
man had been well-known. The sher-
ifffs office became flooded with a
horde of tips and rumors, some ob-
viously beyond credibility and some
that appeared to carry definite pos-
sibilities.
Just before midnight, acting on a
telephoned tio, North Wilkesboro
police arrested Billy Hines as he
munched a hamburger in a drive-in.
His puzzlement appeared ‘com-
pounded when he was ushered into the
sheriff’s office, crowded with deputies
and city officers. Sheriff Somers, be-
lieving that any interrogation of the
suspect would be ineffective in such
confusion, drew him into the privacy
of ana
to a ck
“She
is all ¢
Som:
almost
won't ;
rejoinc
dered
it was
“and 1
dicate
So I'd
innoce
bit of
Hine
—mur
seconc
ly, as
preher
Then,
he sal
killed
I did i
was 0}
about
“WI
Hin:
admit:
deal 2
he dis
of th:
his fr
about
of th:
girls -
his f
detail
the p
girls,
house
way
noon
barbe
the gi
his f)
to Ki
ferrec
tuall
wher:
Des
patch
A lit
deput
ers tl
visib]
girl «
spent
this.
276 «ONC.
by the bargainor. At the date of the com-
mencement of this action, the defendant had
acquired no right, title, or interest, legal or
equitable, in the automobiles, except that of
a bailee for storage. For that reason, the
instant case is distinguishable from Commer-
cial Inv. Trust Co.. v.: Moter:Co., 193. N.C,
663, 187 S. E. S874, and cases cited in the
cpinion in that ease. The General Contract
Purchase Corporation was the owner and en-
titled to the possession of the automobiles
described in its petition, at the date of its
demand that the receiver of the defendant
redeliver said automobile to it.
There was no error in the order of the court
directing the receiver to pay to the petition-
er, General Contract Purchase Corporation,
the proceeds of the sale of the automobiles
which were in the possession of the defend-
ant at the date of the commencement of this
action. The order is affirmed.
BRYSON et al. v. GLOUCESTER LUMBER
CO. et al.
No. 566.
Supreme Court of North Carolina.
May 17, 1933.
1, Master and servant €=417(7).
Industrial Commission’s finding, if sup-
ported by competent evidence, is binding on
courts (Pub. Laws 1929, ¢c. 120, as amended).
2. Master and servant €=367.
One who represents another only as to
results and not as to means of accomplishing
work is “independent contractor” not covered
by Workmen’s Compensation Act (Pub. Laws
1929, e. 120, as amended).
[Ed. Note.—For other definitions of “In-
dependent Contractor,” see Words and Phras-
es.]
3. Master and servant €=367.
One hauling, on his own truck, logs from
woods for lumber company at specified price
per thousand feet, employing his own assist-
ants and using his own methods held “inde-
pendent contractor” not covered by Work-
men’s Compensation Act (Pub. Laws 1929, ¢.
120, as amended).
Appeal from Superior Court, Transylvania
County; Townsend, Special Judge.
Proceeding under the Workmen's Compen-
sation Act by dependents of Lee M. Bryson,
deceased, claimants, opposed by the Glouces-
ter Lumber Company, employer, and the
169 SOUTH EASTERN REPORTER
American Mutual Liability Insurance Com-
pany, insurance earrier. The Industrial Com-
mission awarded compensation, but on appeal
the Superior Court dismissed the proceeding,
and claimants appeal.
Affirmed.
Proceeding brought under Workmen's Com-
pensation Act (Pub. Laws 1929, ce. 120, as
amended) by dependents of Lee M. Bryson,
deceased, to determine liability of Gloucester
Lumber Company, alleged employer, and
American Mutual Liability Insurance Compa-
ny, alleged carrier.
The gravamen of the complaint is that Lee
M. Bryson was an employee of the Gloucester
Lumber Company at the time of his injury
and death. He was engaged in hauling logs
from the woods and placing them in a pond,
when the truck he was driving turned over
and killed him. The deceased owned the
truck and trailer. He was paid $7 per thou-
sand feet for hauling the logs. He employed
his own assistants, and was at liberty to haui
the logs in his own way, without direction
from any of the officials of the lumber com-
pany.
From an award by the Industrial Commis-
sion, the defendant appealed to the superior
court, where judgment was entered dismiss-
ing the proceeding on the ground that the de-
ceased was an independent contractor and not
an employee of the defendant lumber com-
pany at the time of his injury and death.
Plaintiffs appeal, assigning errors.
Lewis P. Hamlin, of Brevard, for appel-
lants.
Johnson, Smathers & Rollins, of Asheville,
for appellees.
STACY, Chief Justice.
[1] The case turns on whether Lee M. Bry-
son was an independent contractor, or a serv-
ant or employee of the Gloucester Lumber
Company at the time of his-injury and death.
The Industrial Commission found that he
was an employee and awarded compensation,
which finding, if supported by any competent
evidence, is binding on the courts. Winberry
v. Farley Stores, Inc., 204 N. C. 79, 167 S. E.
475; Webb v. Tomlinson, 202 N. C. 860, 164
S. FE. 341.
The judge of the superior court, on the
other hand, was of opinion that all the evi-
dence tends to show the deceased was an in-
dependent contractor. With this view, we
are constrained to agree,
[2] Generally speaking, an independent con-
tractor is one who undertakes to produce a
given result, but so that in the actual exe-
cution of the work he is not under the orders
or control of the person for whom he docs it,
and may use his own discretion in matters
and things not specified. Young vy. Lbr. Co.,
>For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes
STATE v. STONE N.C. Bt k
169 S..
147 N. C. 26, 60 S. FE. 654, 16 L. R. A. (N. 8S.)
Gay v¥. R, Raz 148- N. C.26, 62 3.
2 seal v Fiber Co., 154 N. C. 147, 69S. EE.
834: Denny v. Burlington, 155 N. C. 33, 70
S. E. 1085; Harmon vy. Contracting Co., 159
N.. €7 22, 74:8. E.:632,
One who represents another only as to the
results of a piece of work, and not as to
the means of accomplishing it, is an independ-
ent contractor and not a servant or employee.
Powell v. Const. Co., 88 Tenn. 696, 13 S. W.
691, 17 Am. St. Rep. 925.
{3] Tested by this standard, it would seem
that the deceased was an independent con-
tractor, and not an employee of the Glouces-
ter Lumber Company, at the time of his in-
jury and death.
Allirmed,
CARSON v. HENRIETTA MILLS, Inc., et al.
No. 570.
Supreme Court of North Carolina.
May 17, 1933.
Insurance €>668(I).
In action on certificate under employees’
group life policy, evidence not satisfactorily
showing payment of premiums, delivery of
policy, 3 months’ service by insured, or death
during continuance of policy held insufficient
for jury.
Appeal from Superior Court, Rutherford
County; McElroy, Judge.
Action by Vernon Carson, by his next
friend, J. J. Carson, against the Henrietta
Mills, Inc., and another, The action was dis-
missed as in ease of nonsuit, and plaintiff ap-
peals.
Affirmed.
M. P. Spears and J. It. Burgess, both of
Rutherfordton, for appellant.
Ryburn & Hoey, of Shelby, for appellees.
ADAMS, Justice.
On May 38, 1927, the Travelers’ Insurance
Company issued its certificate based on Group
Lite Policy No. G. 8670 on the life of Thomas
Carson, in which the plaintiff! was named as
beneficiary. Under the terms of the certifi-
cate the sum of $1,000 was to be paid if the
death of the insured occurred during the con-
tinnance of the policy and while the insured,
an employee of the Henrietta Mills, Inc., was
protected by the certificate. At the close of
the plaintiff's evidence the action was dis-
lbipatio
missed as in case of nonsuit, and the plain-
tiff excepted and appealed.
In our opinion the judgment should be at-
firmed. The plaintiff insists that his evi-
dence makes a prima facie case for the jury:
but we find no satisfactory proof that the
premiums were paid in accordance with the
contract, or that the policy was ever deliv-
ered, or that the plaintiff completed three
months of service as the agreement of the
parties required, or that the death of the in-
sured occurred while the policy was in force.
There are other objections which would seem
to bar the plaintiff's recovery.
Judgment affirmed.
STATE v. STONE.
No. 548.
Supreme Court of North Carolina.
May 17, 19338.
Homicide €=325, 338(1).
Defendant in murder prosecution could
not complain of improper testimony that de-
ceased stated to attending physician that he
did not know who shot him, but believed de-
fendant did; testimony being favorable to
defendant, and no objection being made at
trial.
Appeal from Superior Court, Wilkes Coun-
ty; Cowper, Special Judge.
Bryant Stone was convicted of first-degree
murder, and he appeals.
No error,
Criminal prosecution tried upon indictment
charging the prisoner with the murder of one
Wayne Norman,
Verdict: Guilty of murder in the first de-
gree (as shown by return to writ of certiora-
ri).
Judgment: Death by electrocution.
Defendant appeals, assigning error.
J. H. Whicker, of North Wilkesboro, for
appellant.
Dennis G. Brummitt, Atty. Gen., and A. A.
FI. Seawell, Asst. Atty. Gen., for the State.
STACY, Chief Justice.
The evidence on behalf of the state—there
was none offered by the defendant—tends to
show that on Sunday, June 12, 1932, about the
hour of noon, the prisoner fired a shotgun
through a erack in the smokehouse and mor-
C}For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes
iON peinoca,oeTe
ny
“4
TTeaeg y
Mi) Bu
OATt
E6T-g-6 “(Ss
€
aR
pamiepaiys
eid ac
978 «ONG.
tally wounded his son-in-law who was sitting
on the front porch of his dwelling house.
The deceased was carried to the hospital and
died the next day. In a dying declaration he
told his wife that Bryant Stone shot him.
There was other evidence of identity, as well
as of motive, including threats, tending to
establish the guilt of the defendant. In no
view of the case could the demurrer to the
evidence have been sustained.
Dr. F. C. Hubbard, who attended the de-
ceased in his last illness, was allowed to tes-
tify: “He told me he was sitting on the porch
when he was shot. He didn’t know who shot
him. Said he believed Stone shot him.” This
evidence might well have been excluded.
State v. Beal, 199 N. C. 278, 154 S. E. GO4.
3ut as it was not objected to at the time, the
defendant is in no position to complain for
the first time in this court. Furthermore, it
was favorable to the defendant.
The record is free from reversible error.
The verdict and judgment will be upheld.
No error,
oc
204 N. C. 659
BRADY v. PRESNELL et al.
No. 528.
Supreme Court of North Carolina.
May 17, 1983.
1. Mortgages €>186(5).
Evidence showed that mortgagee ad-
vanced $230 in good faith to aid in bringing
mother’s body back to home burial ground
under econtract-mortgage requiring mortgagor
to pay her burial expenses.
2. Mortgages C118.
In mortgage requiring mortgagor to give
mortgagee’s mother decent burial, meaning of
decent burial depends upon financial or social
standing of deceased, customs of community,
and rules of organizations to which she be
longed.
Word “burial” means act of burying a
deceased person, sepulture, interment, act
of depositing a dead body in the earth, in
a tomb or vault, or in the water; the act
of interring the human dead.
[Ed. Note.—For other definitions of
“Burial,” see Words and Phrases.]
3. Mortgages C>186(6).
Under contract mortgage requiring mort-
gagor to give mortgagee’s mother a decent
burial, question whether mortgagee was enti-
tled to recover money advanced to bring
mother’s body to home burial ground held for
jury in action to foreclose subsequent mort-
gage.
169 SOUTH EASTERN REPORTER
Appeal from Superior Court, Randolph
County; Sehenck, Judge.
Action by E. A. Brady against I. M. Pres-
nell and wife, and others. From the judg-
ment, defendant C. C. Cheek appeals.
New trial.
This is an action brought by plaintiff
against the defendants Presnells, to reeover
$1,000, with interest from April 6, 1927, se-
cured by a mortgage to plaintiff of even date,
on 68.8 acres of land in Randolph county, N.
C., registered in the office of the register of
deeds of Randolph county, on April 12, 1927,
subject to a credit of $89, December 2, 1927.
Without setting out the complaint in de-
tail, the facts are indicated in plaintiff's pray-
er for relief, as follows: “Wherefore, Plain-
tiff asks judgment against L. M. Presnell and
Rosanna Evie Presnell for the aforesaid debt,
and that the aforesaid mortgage deed be fore-
closed and the lands therein described sold
and the proceeds thereof applied in discharge
of the indebtedness due him by the defend-
ants, L. M. Presnell and Rosanna Evie Pres-
nell, his wife, after first paying off and dis-
charging the sum due the defendant C. C.
Check as aforesaid ($60.00 and interest from
Sept. 21, 1921), together with any and all tax-
es that may be outstanding against said prop-
erty; for such other and further relief as he
may be entitled to; and for cost.”
The defendants in their answer, without
setting same out in detail, say: “Although
these defendants do not admit that the plain-
tiff is entitled to foreclose the mortgage men-
tioned and described in the complaint filed in
this cause for the purpose expressed in said
complaint still, in the event an order of fore-
closure is made by the court, defendants pray
that the above mentioned $60.00 and inter-
est thereon since the 21st day of September,
1921, and the above mentioned $278.77 and
interest thereon from the 21st day of Janu-
ary, 1926, be adjudged and declared to be a
first and prior lien on said lands and the
money derived from the sale thereof; and
that said claims both be paid and satisfied
before the said plaintiff or any other person
shall reecive any sums whatsoever from the
sale of said lands, except for taxes, and de-
fendants pray that they be given such other
and further relief as they may be entitled
to.”
The prior contract mortgage, on the same
land, that C. C. Cheek claims under, is dated
September 21, 1921, and made by defendants
Presnells to him, and duly recorded in the
recister of deeds oflice of Randolph county,
N. C., on January 22, 1925. The pertinent
parts of this contract mortgage are as fol-
lows: .
“Witnesseth, That whereas, on or about the
10th day of January, 1921, one, Cary R.
>For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes
BRADY vy. PRESNELL N.C. 2979
169 S.E.
Cheek, executed and delivered to C. C. Cheek
4 certain deed of conveyance, whereby she
conveyed a traet of land hereinafter deserib-
ed for a term of her natural life, which said
deed is recorded in the Oflice of the Register
of Deeds for Randolph County in Book 198,
at page 115, for a consideration that the said
ec. ¢, Cheek was to support, maintain, care
for, pay doctor bills, expenses for the , re>
mainder of the life of Cary T. Cheek, and
vive her body a decent burial at death.
“And Whereas, it is the purpose ef ©, &
Cheek and Annie Cheek, his wife, to sell said
tract of land to L. M. Presnell and Rosanna
Presnell for the consideration of Gne Dollar,
and the further consideration that the said
lL. M. Presnell and Rosanna Presnell shall
support, maintain, care for, pay doctor bills
and pay all expenses during the remainder
of the natural life of Cary R. Cheek, and pay
her burial expenses at death.
“And Whereas, It is the desire of the said
L. M. Presnell and Rosanna Presnell, his
wife, to secure the said support, maintenance,
doetor bills and burial expenses to the said
(. ©. Cheek and save him harmless from said
expense in consideration that they receive a
deed from the said C. C. Cheek to the tract
of land hereinafter to be described.
“And Whereas, the said C. C. Cheek has exe-
cuted a deed to the said L. M. Presnell and
Rosanna E, Presnell for the tract of land
hereinafter described in consideration of the
sum of Sixty Dollars, paid and expended by
the said @. G. Cheek for the benefit and sup-
port of the said Cary Cheek. It is the pur-
pose of the said L. M. Presnell and Rosanna
F. Presnell, his wife, to secure the said C. C.
Cheek for the said sum of Sixty Dollars by
reason of said expenditures. * +8
“But this Deed is made on this special
trust, and that if the said parties of the first
part shall well and truly pay to the parties
of the second part, or his legal representa-
tives, the said sum of Sixty Dollars as afore-
said, and shall furnish support, maintain, pay
doctor bills and all expenses and care for
the said Cary R. Cheek for the remainder of
her natural life and give her body a decent
burial at their own expenses then this deed
shall be null and void.
“But if default shall be made in caring
for, supporting, maintaining, paying doctor
bills and other expenses for the said Cary
Cheek, or in her burial at death, then it shall
be lawful for and the duty of the said C. C.
Cheek, party of the second part, to sell said
land hereinbefore described for cash at the
court house door in Asheboro, N. C., after
tirst advertising said sale by posting notice
thereof at the court house door and three
other public places in said county for thirty
days) immediately preceding such sale and
also publishing said notice for four weeks im-
mediately preceding such sale ina weekly
newspaper published in said County and con-
veying the same to the purchaser in fee sim-
ple, and out of the money arising from said
sale to pay said sum of Sixty Dollars and
such other sums the party of the second part
has paid by reason of his contract and deed
with the said Cary R. Cheek,” ete.
The only material issue submitted to the
jury necessary to be eonsidered on this ap-
peal is as follows: “(2) What amount is due
and owing to the defendant C. C. Cheek by
the defendants L. M. Presnell and wife, Evie
Presnell, by xirtue of the mortgage, as alleg-
ed in the answer? Answer: $70.00 with in-
terest on $60.00 from September 21st, 193%.”
The court below charged the jury as fol-
lows: “Therefore, Gentlemen of the jury. the
court charges you, as a matter of law, that
you will answer this second issue S60 plus
$10, $70. That you will answer this second
issue $70. with interest on 860., from the 23rd
(21st) day of September, 1921—S70. with in-
terest on $60. from September 28rd (21st),
1921.”
The jury answered the issue as instructed
by the court below. Judgment was duly ren-
dered on the verdict, and an order of fore-
closure, ete. The defendant C. C. Cheek ex-
cepted and assigned error to the charge of
the court below, and to the judgment as sign-
ed, and appealed to the Supreme Court. The
necessary facts will be considered in the opin-
ion.
I. GC. Moser, of Asheboro, for appellant.
Il. M. Robins, of Asheboro, for appellee.
CLARKSON, Justice.
Plaintiff rightly contends that the question
involved is the interpretation to be placed
upon the provisions of the written instru-
ment, a combined contract and mortgage, set
forth in the record.
[1] The evidence undisputed is to the effect
that Cary R. Cheek had two children involy-
ed in the controversy : (1) CG. C. Cheek and
(2) Rosanna Evie Cheek, who married L. M.
Presnell. Cary R. Cheek made her home
with TL. M. Presnell and his wife, Rosanna
Evie Presnell, from the time they gave the
mortgage to C. C. Cheek, on September 21,
1921, until her death on January 91. 2926,. at
Okeechobee, Fla. The testimony of L. M.
Presnell, in part, is as follows: “T have liv-
ed, since 1926, a year anda half in Asheboro.
I lived on this farm until I got burned out.
* * * She (Cary R. Cheek) was actually
living with me at the time this paper was
made to Mr. Cheek and she made her home
with me from then until the time of her
death. I paid her doctor bills and her other
expenses during that time, and I supported
and maintained her and cared for her during
that time. I paid all of her expenses during
the balance of her life. She died in my home
:
et
4
%
:
e
ba
RE ARNIS ERE MRIS < AIRES Sets 6 ABA
an
70
we can live in peace without this in-
human fiend at our doorsteps.”
The father-in-law’s dramatic grave-
side plea, however, failed to clicit
any pertinent information from the
mourners.
Within three days’ time Sheriff
Somers satisfied himself that none of
the nine persons who had either pur-
chased Remington shells or were the
owners of 20-gauge shotguns in the
county could be linked to the crime.
One man had been given permission
to hunt on a large estate during the
winter months, but even this tenuous
attachment to the slaying was dis-
posed of when he proved that on
Sunday he was attending a family re-
union in Gaston County.
Balked and frustrated, Sheriff Som-
ers called a huddle with all of his
deputies for Saturday morning, near-
ly a full week after the diabolic mur-
der. And in the ensuing discussion,
Deputy Lawrence suddenly com-
mented, “I think we’ve been too
wrapped up in the obvious—the heel-
print, the shell, the fact a 20-gauge
shotgun was used. We’ve overlooked
an angle that could be important.”
“Such as what?” demanded Somers.
Lawrence bent forward. “That
heavy shower, Sheriff, the one that
stopped the bloodhounds. Somehow
I’ve got a hunch it stopped the killer,
too.” :
Somers frowned, making no attempt
to conceal the fact he was puzzled by
this enigmatic remark. “Keep going,
Felix, what are you driving at?” -
“Well, the way I see it, the killer
made only one mistake—he didn’t
wait long enough before firing the
gun. The girls heard it and came
back immediately. They saw no one
running away. About 30 yards to the
south of that smokehouse is a patch
of woods. Remember, three neighbors
came running up shortly after the
girls began screaming. They saw no
one. Our killer wasn’t a ghost, and
he wasn’t a gazelle. Then where was
he? I’d say he hid in that forest. He
didn’t dare make a move until the
rain started, and everyone hit it back
to the house. Then he slipped away,
clean. Except for one thing. He’s
bound to have gotten drenched in the
downpour.”
As the others stared blankly at
Lawrence, wondering what signifi-
cance this possibly carried, the dep-
uty quickly elaborated on his theory.
He pointed out that so far as he could
recall the only ones who became wet
in the vicinity of the murder scene
were themselves, while the neighbors
had crowded onto the porch or into
the bungalow itself during the lash-
ing shower. “This is the point,’ he
concluded, a vibrant insistence in his
voice, “the killer got soaking wet.
Someone, somewhere, must have no-
ticed his wet clothing. We’ve got to
find that witness!”
Somers quickly pointed out that
there were a number of yawning holes
in his theory—that some innocent
person had become wet on a legiti-
mate mission during the shower, that
someone had braved the downpour
when apprised of the killing or that
the slayer had managed to reach his
home before the rain began.
“Just the same, if we find someone
that got wet, it might be a step for-
ward,” persisted Lawrence.
Shrugging, Somers agreed to press
along what seemed to be a shaky cat-
walk of investigation. There was little
to lose. Other moves had availed ex-
actly nothing, and they were at a
stalemate.
The grind of re-questioning scores
of residents on King Fire Mountain
with total emphasis on a rain-
drenched suspect got underway. At
first there was little to encourage
them. Then, on Monday a farmer
turned his sweat-beaded face away as
Deputy Pendry voiced a question he
had been monotonously repeating all
morning. For several long moments
the farmer stared downward, remain-
ing silent. Then, without looking up, he
said huskily: “I don’t like to point a
finger at any man, but I guess it’s
my duty to tell you the truth. Every
night, since that killing, I prayed to
the good Lord to give me guidance,
to show me that I might be thinking
evil things, so that I could rest. But
I couldn’t stop thinking about it.” The
farmer paused, then with a deep sigh,
nodded. “Yes, sir, I remember a man
in wet clothes coming by my place
that Sunday of the killing, just a few
minutes after the shower stopped.”
“Who?”
“Bryant Stone,” was the startling,
low-voiced response.
Just minutes later the deputy was
fairly reeling with excitement. For
the farmer now revealed why he had
January issue of
MASTER |
ETECTIVE
on sale at all
newsstands November 29th
been troubled these past few days
and nights. He said that it wasn’t so
much the fact that Stone had hurried
by in wet clothes, curtly acknowl-
edging his wave of greeting, but that
‘he walked with a peculiar “stiff gait.”
“He was dressed in a blue shirt and
a pair of overalls, and he kept one
hand deep in his pocket, like he was—
like he was holding a long gun in-
side his clothes!” he blurted.
To Sheriff Somers, who soon
raced to the farmer’s home, he re-
peated his damning information.
Questioned carefully, he estimated
that Stone had hurried by, seemingly
on the way to his home, around 3
p. M. A short time later he had learned
of the shooting, but it wasn’t until
two days later he began to wonder
why the father-in-law, who had come
from the direction of the victim’s
home, had not paused to tell him of
the appalling tragedy. “It’s been
troubling me, I can tell you that,”
he repeated more than once.
Somers and his deputies became
equally plagued by a number of dis-
turbing thoughts. The recollection
that Stone had not appeared at the
murder bungalow until around 4 Pp. Mm.,
dressed in his Sunday best and wear-
ing a tie, was a highly suspicious cir-
cumstance, in view of the farmer’s
certainty that he had worn a wet blue
shirt and overalls around 3 Pp. M,,
a bare half-hour after the murder.
But was he actually the killer, or
was the change in clothing a mean-
ingless incident that could be easily
explained? What possible motive
could he have had for murdering the
bridegroom—a man whom he had
freely helped with time and money
to establish his future?
Other recollections soon persuaded
Somers that Felix Lawrence’s odd
theory of wet clothing might have
forced a break in the murder enigma.
He recalled the fact that other King
Fire Mountain residents, with farms
adjacent to Stone, had reached the
bungalow shortly after the officer’s
arrival. Why had he, Stone, remained
away until 4 o’clock? And the dra-
matic funeral plea for help to the
officers—was this flamboyant window-
dressing to shield his own guilt?
Realizing that so far he was armed
with little but speculation and a
slender thread of circumstantial evi-
dence, Somers urged the deputies to
intensified effort. “If he’s the killer,
we've got to know why. Without a
reasonable motive, we’re walking on
quicksand,” he warned his aides.
The need to move with caution and
discretion, lest they either damage
the reputation of an innocent man,
or alert him into destroying every
vestige of incriminating evidence,
slowed the pace of the investigation.
But painstakingly, methodically, Som-
ers and his deputies questioned a
number of Joyce’s former schoolmates
and friends.
Almost immediately one unusual
bit of information was sifted out.
Bryant Stone, after learning Joyce
was dating a town Lothario twice her
age, had stormily forbidden the girl
to see him again. Joyce had obeyed,
but a story-book courtship ensued.
She erected a crude mailbox deep in
a stretch of tall pines near her home
and sent word to Norman that he
would find a letter in the box each
day. The exchange of love missives
kept up until Stone relented and
eventually gave permission for the
marriage.
Although providing a somewhat
poignant facet to the case, it still
proved little against Stone; in fact,
cast him in the favorable light of a
stern but forgiving father.
Then, as the deputies kept up their
discreet inquiries, they stumbled over
what appeared to be the long-sought
key to the puzzle—the baring of the
murder motive. It came from a long-
time friend of the suspect. It came in
the tortuously slow, low-pitched
words of a man who seemed to know
he was edging his former friend to
the shadowy threshold of the state’s
execution chamber.
“First, you’ve got to understand
Bryant is a man who lives with a cast-
iron code of black or white, when it
comes to women. If she was good in
his mind, she was as pure as an angel.
If she had strayed somewhere, he
could hold no pity and no forgive-
ness. Near as I can remember, it was
about three weeks after Joyce got
married that he came to my place. He
seemed all wrought-up, kept walking
up and down the porch. He asked me
for a drink, and I gave it to him.
Then he asked for another, and I
complied. Finally he told me what
was bothering him.”
As Somers listened in complete si-
lence, the man revealed the nature of
his visitor’s agitation. He said that
Stone f
of gossi
Joyce }
pine wc
“Stone
meeting
pened.
he was
an illic
tried t
gossip.
girl. B
he was
est sin
lead a
ing to
Wayne
even if
fore tt
what c
said se
kept cz
names,
a coup
made
matter.
For :
appear
templa
story.
picions
been }
have -
Norma
gossip
vengee
come ¢
tives ¢
Esco
dictate
Distric
summ
ence t)
plicit
warra)
Somer
Hollar
due ru
Stor
came
that i
home -
“Some
he wa
miliat:
can te
Ignc
taliati
throu;
findin
Then,
Lawr«
trunk
The t:
mone
“Nc
the }
nounc
The
Stone
they }
boxes
and <
Almo
tobac
Stone had picked up several kernels
of gossip concerning the secret trysts
Joyce had kept with Norman in the
pine woodlands before their marriage.
“Stone said he could forgive these
meetings, if that was all that hap-
ened. But from what he had heard,
e was sure Norman had conducted
an illicit affair with his daughter. I
tried to tell him that was all idle
gossip. Joyce wasn’t that kind of a
girl. But he became more upset, said
he was sure of it, and that the black-
est sin a man could commit was to
lead a young girl astray. I kept try-
ing to persuade him that Joyce and
Wayne were happily married, and
even if they had lost their heads be-
fore that—which I didn’t believe—
what did it matter? But nothing I
said seemed to ‘quiet him down. He
kept calling Norman all kinds of vile
names, and finally he left. I saw him
a couple of times afterwards, but he
made no further mention of the
matter.”
For several seconds Sheriff Somers
appeared lost in thought as he con-
templated the man’s _§ astonishing
story. Could Stone’s gnawing sus-
picions that his pretty daughter had
been betrayed before her marriage
have led to the brutal murder. of
Norman? Had a wisp of unproven
gossip impelled him to exact a lawless
vengeance? If so, it could well be-
come one of the strangest murder mo-
tives on record.
Escorted to the courthouse, the man
dictated his story to a stenographer.
District Solicitor David Jones was
summoned, and in the tense confer-
ence that ensued, the decision for ex-
plicit action was taken. A_ search
warrant was executed, and Sheriff
Somers, accompanied by Deputies
Holland, Lawrence, Pendry and Pur-
due rushed to the home of the suspect.
Stone, apprised of their mission, be-
came livid with rage. He stormed
that for the officers to search his
home was a needless, insane intrusion.
“Somebody is going to suffer for this!”
he warned. “I’m not going to be hu-
miliated in front of my neighbors, I
can tell you that!”
Ignoring his threat of righteous re-
taliation, the officials moved swiftly
through room after room, without
finding anything of consequence.
Then, in a dusty, littered attic, Deputy
Lawrence pulled a small, flat-topped
trunk from beneath a sagging cot.
The trunk was locked, and they sum-
moned Stone.
“Nothing but junk in there. I lost
the key a long time ago,” he an-
nounced.
The trunk was soon forced open.
Stone stood tight-lipped nearby as‘
they hauled out several garments, two
boxes of assorted letters and papers,
and a sheaf of rolled-up lithographs.
Almost at the bottom was a layer of
tobacco leaves. “Don’t trouble those,
they’ve done a good job keeping
out the moths,” he advised curtly.
Somers sees out one of the
leaves, held it aloft. It was a deep
green in color, obviously recently cut.
“You must have started worrying
about moths just a short time ago,
Mr. Stone,” he countered softly.
The sibilant rustle of leaves being
pushed aside was the only sound that
broke the thick silence for several
moments. Then Somers stood erect,
both arms crooked in a taut posture.
In one hand he clenched the disassem-
bled stock and barrel of a 20-gauge
gun. In the other were two crimson-
colored shells. His voice was like the
thin flick of a whip when he spoke.
“Mr. Stone, you’re under arrest for
the murder of Wayne Norman!”
The tidal wave of shocked surprise
that Bryant Stone, the stern, church-
going patriarch, had been named as
the murderer of Wayne Norman, dis-
rupted normal life in the twin Wilkes-
boro communities. Accounts of the
bizarre case were splashed in state
newspapers, and for days crowds of
visitors circled the ancient, red-brick
Wilkes County Courthouse, behind
which was the unimposing jail where
the accused man languished.
A bare two months later, on August
15th, Stone, who had steadily denied
all knowledge of the crime, was placed
on trial. It lasted for four drama-
packed days. The farmer-neighbor’s
testimony of Stone passing his home
in wet clothing and walking “stiff-
gaited” shortly after the slaying, and
the sensational revelation of the ac-
cused man’s suspicion that the victim
had beguiled his daughter into an
illicit romance, became the high spots.
Stone had selected the celebrated
law firm of Whicker and Whicker to
defend him. J. H. Whicker, the senior
member of the battery of attorneys,
regarded as possessing one of the
state’s most brilliant legal minds,
soon lashed back with vigor and de-
termination. He pointed out that the
evidence was predominately circum-
stantial, then hammered at the weak
point that the investigating officials
had never been able to find a pair of
shoes with “home-made heels” that
could be linked to the defendant.
For five hours the jury debated the
fate of the accused man. Finally, a
little past 10 o’clock on the night of
. August 19th, they filed back in with
the ominous verdict. “Find the de-
fendant, Bryant Stone, guilty of mur-
der in the first degree!”
As tension swept the courtroom,
Judge G. B. Cowper intoned the pun-
ishment—death by electrocution be-
tween dawn and sunset on October
28th. Not a flicker of emotion showed
in the depthless gray eyes of the con-
victed man. Instead, he turned to his
attorneys and muttered, “Before
Heaven, they have condemned an in-
nocent man.”
Apparently moved by marked
doubts of his own, Attorney Whicker,
at considerable expense to himself,
put up a bitter, year-long fight to save
Stone from his prescribed fate. But
the Supreme Court finally decreed he
had received a fair trial, and the date
of death was re-set for September
8th, 1933.
Three days before the scheduled
execution date, Stone summoned At-
torney Whicker to his cell on Death
Row at Central Prison, in Raleigh.
Still showing little emotion, his craggy
features hard and unrepentant, he
confessed to the attorney that he had
lied all along, and that he was actu-
ally guilty of the merciless slaying.
Shortly after dawn on the appointed
day the condemned man _plodded
steadily along the steel deck on Death
Row and calmly settled himself in the
ponderous execution chair.
At precisely 6:45 a.m., Bryant
Stone was declared dead.
Eprror’s Norte:
The names, Billy Hines, Robert
Trimmel, Jo Ann Smith and Peggy
Vickers, are fictitious.
AE
&
a bit of my work.”
draw me!
Leo Kerber, Shakopee, Minn. “‘Awhile ago I tried for one of these
scholarships. I didn’t think my sketch could win, but it did! I’ve
learned a lot from the art course—and have already sold quite
TRY FOR A FREE 2-YEAR
ART SCHOLARSHIP WORTH $335°°
Imagine winning two years of free training for
a well-paid career in advertising art, cartoon-
ing or illustrating!
Many successful artists today have studied
with the art school that offers this scholarship.
It’s the world’s largest home study art school
—member of the National Home Study Coun-
cil, Washington, D.C.
You’re trained by professional artists. You
get individual coaching. Personal guidance.
As prize winner, you also receive a complete
Professional Drawing Outfit—and a series of
valuable Art Textbooks to which over 40 lead-
ing artists have contributed. Try for this free
two-year Art Scholarship!
DRAW
THIS
GIRL'’S HEAD
5 inches high. Use pencil only. All
drawings must be received by Decem-
ber 31, 1955. None returned. Winner
notified. Amateurs only. Our students
not eligible. Mail your drawing today.
— ———-— — ——-—-ART INSTRUCTION, INC.-—
* STUDIO 11595-G—500 So. 4th St., Minneapolis 15, Minn,
Please enter my attached drawing in your December contest. (PLEASE PRINT)
Name. AGE. Phone. M
Addr Apt. Pp D
STOVALL, King Solemn, black, electrocuted North Carolina (Granville) 1-20-1939.
=
‘ aaa
“DAY, APRIL, 19, 193
FSTABLISHED IN THE YEAR 1881 (7 wASs Nor. Fig. H No. 31
ae rogious Killer Clubs and
obs R. T. MMicore at Stovall
—
Merchant Passes |
Ind ospital Here|
Bloodhounds | Used In Search |
oid For Murderer
Two Colored Men Being Held |
for Investigation—r uner- |
al Held Sunday Afternoon
For Virginia Native
| A heinous kiiler lurked in the
' Shadows at Stovall late Friday
j night, fatally clubbed R. T.
‘Moore, aged merchant of the vil-
lage, robbed him of the week's
;Teceipts at the Moore general store :
_ and fled into the night.
| King Solomon Stovall, 26, Negro,
who reported hearing Moore hol-
<i, - ler, told Sheriff E. P. Davis that
PRES 52 . ’ j
he found Moore lying in the road
about 30 yards from the Moore |
‘Tesidence about 11 o'clock Friday
night. Stovall is being held in the:
county jail in default of bond of:
“~~ |$100 as a material witness.
As hundreds of friends gather-|
ed Sunday afternoon to pay their,
respects at the funeral of the 65-'
year-old storekeeper who on every
occasion that he could, accommo-'
dated the white and colored peo-:
ple alike of his community, Sher-:
iff’s officers continued their search.
for the club wielding robber. They
.took into custody at Stovall for in-,
vestigation Arthur Hunt, 22, of
Stovall. ‘
C. L. Hutson, Stovall resident’
and deputy sheriff, was the first’
Officer to reach the scene of the:
iat crime and preserved all evidence’
eae possible in the case. Sheriff Davis, ;
Deputies Yancey and Beasley sped!
to the scene and went into an im-}
eg mediate investigation,
bloodhounds brought from Wilson.
Mr. Moore was rushed to Oxford
‘by ambulance and at Granville!
hospital it was found he was suf-)
fering with a crushed skull caused]
by a blow just back of the left ear. |
‘He died about 1:30 Saturday after-{
noon without regaining conscious-|
nes, ; t
Coroner W. D. Bryan impaneled'
a jury Saturday afternoon, viewed!
Bem the body and recessed until later
Sad jin the_ week, permitting Sheriff:
; be EE
{
assisted by! \
Ne ne Sebamed, ters nn ain ste eee noni inst ceo ssiews aenaicdiiel” shistisanmiheen ciara ee orm tee
‘Davis i pursue “his investigation |
of the crime. Members of the co-!
roner’s jury are Ham Landis, L..
C. Wilkerson, T. J. Etheridge,
Sam Baird, Flem S. Beasley and
W. B. Crews.
Sheriff Davis said he was told
that it was a custom of Mr. Moore
to make a deposit of his store re-
ceipts once weekly, usually on
Monday, and that he carried his
money from the store each night
in @ paper bag. When he was dis-
covered in the road, a paper bag
lay near him but contained no
money. Mr. Moore’s purse also was
J missing,
.post, was found near
;and officers are inclined to believe
: Edith Moore and two brothers.ang
"all, :
An old wagon was near the
scene of the slaying and tracks
about that wagon indicated that
the killer might have laid in wait
there and struck Mr. Moore from )'
the back. A round about 30 inches
long, believed to be a wagon body
the scene
it the club used by the killer, but
experts were unable to take finger-
prints from the piece.
Bloodhounds tracked William
Green and James Louis to their
homes Saturday morning and they
were arrested and questioned, but
released Saturday afternoon after
an unsuccessful effort to link them
‘with the crime. It was said the two
had visited the Moore store Friday |
‘night and it was presumed that
‘their tracks were made in their re-
turn from the store.
Mr. Moore was a native of Vir-
ginia, hut had resided at Stovall
for about 25 years and had been
engaged in business for the past
‘several years. He was engaged in
‘the lumber business for a num-
‘ber of years. Mrs. Moore died
‘about 20 years ago. Surviving are
itwo daughters, Misses Betty and
‘two sisters residing in Virginia. °
The funeral was conducted at
‘the home by Rev. G. Van Stevens,
‘pastor of Stoval Baptist church,
and interment was in Knott's
‘cemetery about & mile from, Sto-
oe, sees a aia Be aie. it
atti: :
a” ~ ene
PUBLISHED 1 TUESDAY AND ) FRIDAY
, aera net
Vi | “7,
7 at
Hay RE
in 4 4
Hae f dawg
HOP G89 |
‘Bound to Spe
‘Court
Confession Made in Presence
of Officers in County Jail
Early Thursday
at
King Stovall, 26, colored, con-
fessed Thursday morning that he
Stepped out of hiding late Friday
night and struck R. T. Moore of
Stcvall, with a club for the purpose
of robbery.
Stovall denied he intended kill-
‘ing the prominent merchant and.
‘denied also that he obtained any
“money from Moore’s pockets.
Solicitor Leo Carr came down
from Burlington Thursday after-.
‘noon and assisted Coroner W. D.
Bryan in completing an
that resulted in Stovall
bound to Superior Court on a
charge of murder, without the pri-
lvilege of bond.
_ Stovall was taken into custody
_by order of Sheriff E. P. Davis a
/sShort while after the Negro re--
ported having found Moore lying
‘in the street about 30 yards from...
the Moore home, shortly after 11
b’clock last Friday night.
The prisoner’s explanation of his:
crime was that his wife was preg-
nant,
to employ the services of a physi-
‘clan for her confinement, that he-
,knew Mr. Moore had money and he
“ scious and get:some of it.
ing and surveillance since his ar-.
/cey,
‘'trolman H. B. Wheeler and De-
‘road usually taken by Moore in re--: : :
‘turning to his home, that he hid nection with the murder, but offi-
inquest .
being ©
that he was without funds.
determined to knock him uncon-.
Stovall, under frequent question-.
rest, sent for officers about 3 o’-.
clock Thursday morning. In the
presence of Deputies L. J. Yan-
W. TT. Beasley, Assistant
Chief of Police J. L. Cash, Pa-
tective H. E. King of the Durham
Police Department, and later in
the presence of Sheriff E. P. Da-
vis and Coroner W. D. Bryan, he
related:
Planned Robbery
That he planned the robbery at
his home, about a mile from the
scene of the crime, that he walk-.
ed by Moore’s store and then
changed his plans, that he walk-
ed back by the store and down the
behind a wagon body kept on the!
west side of the Southern railway,
that he used a round from the
body to strike his victim, f
That Mocre was walking home:
‘ithe Moore home
| daughter then called Dick O’Bri-
Jant, Wilson Currin and then ran
for Dr.
alone, that just after Moore pass-
ed his hiding place, that he step- ;
ped out and struck Moore from j
behind, an overhand lick which
fell just back of the left ear, that
Moore fell forward, that a paper
bag fell from Moore’s hands when
he fell,
hip pockets, that he found no
money, that he started home, got
about half way, decided that he
should not leave him there to
suffer and that he should notify
Moore’s daughter. a
te
‘morning for es crime.
i
4
that he searched Moore’s 4
:
He turned back, he said, went to3
and told his ,
{
{
Bradsher. He remained
about the scene while officers were ,;
making their investigation and |
with an oath, declared that he |
would like to get hold of the man |
who struck Mr. Moore.
Stick Beside Body |
The stick used by the slayer was |
found beside the body of Mr. }
Moore. It had been taken from |
one of the wagon bodies on the
side of the railroad, but was {
rough and did not yield oi
prints to officers.
Sheriff Davis had been confi |
|}dent from the beginning that Sto- |
vall was guilty of the crime, and }
felt that it was only a matter of:
time before he would be able” to:
develop sufficient evidence to ob-
tain the confession. ‘
Moore was rushed to the hospit-
al here early Saturday morning
and died later in the day without
regaining consciousness. The fue.
neral was conducted at Stovall On |
Sunday afternoon. oe
Another Man Held
_Arthur Hunt, arrested at Stovall
Sunday afternoon, denied all con-
cers have obtained a _ confession
from him that he stole a watch{
from Puckett’s store there a fewi.
||} weeks ago and he will be tried in!
' Recorder’s Court here on Tuesday |
{
E
Co
Mare IK, es,
R. 7. Moere -
FEB. 1/0, 12P2
OcT. 27, 91%.
Also « FOS Anant
atentrine . 1939
oe
’ "wo ener eane = ~~ " ane. “e “oy
os a 4
foe get he 4 A ate fy 4.
aie ss(OVdi OubiChuvcu lv
Basa 4 4 a aC aa Ww
ooo
ee «4 % ogy O t ”
Paaia for Chih Maeda
peaeh GOP UlbD Weare’ :
z ve &
| Rey ULY 2 143
a j
R. T. Moore 6f Stova
( ple ’ N; U
en 10:15 Thursday, the defense an-
,Avary }. Son Fi ad nounced it would offer no evidence
' LSE out = iX and argument before the jury start-
a Py ir ;ed a few minutes later.
i or iL 10ay, ct. In his confession, Stovall had
i In told investigating officers that he
f robbed Mr. Moore to obtain funds
| 2 all GasChambe Y icith which to pay for medical ser-
| | vices for the confinement of his
‘Appeal Notice Given by De- ‘wife. The child was born about.
fense Attorney
Nine Jimutes After Com-
Marshall Spears
OTHER JUDGMENTS
King Solomon Stovall, 24-year-
cld six-foot ginger-cake Negro, wag
convicted in. Granville Superior
Court Thursday of the club murder
of R. T. Moore, 54-year-old Stovall
merchant, on the night of Friday,
April 15.
Ir took the jury just nine minutes
to return acverd’ct that Stovall !
Was guilty of murder in the first
degree. Judge Spcars reviewed the
evidence of the state aud the de-
fense and concluded with ihe in-
Struction that the jury could bring
guilty. He said if the jury. believ-
ed beyond a reasonable doubt that |
the defendant laid in wait and
Struck Mr. Moore the blow that re-
sulted in his death and then rob-
bed him, the verdict should be first
degree; but if the jury did not be-
lieve that, then the verdict should
be not guilty.
i Following the noon recess, which
,came at 1:30 o’clock, Judge Spears,
[uj pon the reconvening of court at
12:30 o'elo tx, sentenced Stovall to
| die in the gas chamber under the.
; direction of the state of North Car-
olina, on Friday, October 14.
Defense counsel gave notice of
appeal to the state’s Supreme Court.
Trial of the case opened Wednes-
day morning after the prisoner had
been arraigned Monday and enter-
ed a plea of not guilty notwith-
Standing a detailed confession of
the crime made in the presence of
witnesses since his arrest and af-
ter a charge of murder was prefer-
red against him. ;
| When the state rested its case at
47
pletion of Charge by Judge
in one of two verdicts—guilty of | atient
murder in the first degree, or not PB
sai seeping
“told how long |
}!
“tie Moore, recalied,
her father had been in business at
Stovall, 25 years, and R. H.
O’Brien, recalled, identified the
stick which allegedly was used by
the killer and which he had picked
up beside Mr. Moore’s body.
At the close of the state’s evi-
dence, Solicitor Carr tendered Dep-
uty W. T. Beasley, Policeman H. B.
Wheeler and Coroner W. D. Bryan,
and thereafter, defense counsel re-|
called C. L. Hutson for cross-exam-/
ination.
Less time was required to ob-i
tain the jury than generally had:
been expected. Seven of the 13;
men had been passed before the‘
special venire of 50 men was uti-!
lized to complete the jury. Mem-,
/two months ago. The wife has not,
‘appeared in court and officers said |
,in the county jail and was unaware
| of the charges against Stovall.
Solicitor Leo Carr at 10:15 Thurs-
Gay morning. completed the state’s
ed the argument in which he asked;.
Athe jury to bring in a verdict of;
J Murder in the fitst degree.
;
nesses to present its case
jjury. R. H. O’Brien of
Stovall,
case and after a short recess, open-:
fne prosecution used eight wit-|
to the
yin the case when
bers of the jury are Clifton Land,
T. M. Dickerson, C. E. Roller, A.
L. Noblin, J. W. Raynor, M. L.
Oakley, Robert C. Clegg, Jr., A. D.;
Verdict Brought in By Jury she had not visited her husband} Pitts, John Garner, Willie Lyon, J.i
(A. Catlett, B. L. Bragg and the;
‘thirteenth man, W. B. Bragg, who:
/ will be discharged when the jury!
retires to consider the verdict. Ap-}
bavaumately 23 | men were examined!
he ‘was complted. '
Trial of tke a case opened shortly’
| keiore the noon recess after the 13-!
man jury had been completed. i
The state scored its first victory {
Judge Spears |
Pry,
|toid of being cailed after he inail!ruled that the defendant’s confes- |
lretired for the night and of having/sicn of the crime w
found the body of Mr. Moore lying:
in the road, about six feet south cf;
ithe end of his wagon body and!
!
tne side of the road. Dr. J. S.'!
Bradsner told of
of the attack and of removing the
to Granville Hospital,
Where Mr. Moore died about 12
/hours after the attack.
Deputy Sheriff C. L. Hutson told
| of being calied to the scene, of the
' subsequent investigation. Miss Bet-
ide Moore, a daughter of the vic-
fther’s habits with regard to the
conduct of his store. Detective H.
E. King of Durham, Deputy L. J.
Wednesday afternocn told of the
.€xamination of the prisoner and of
_his confessicn,
attacked Mr. Muore and robbed him
to obtain money with which to em-
ploy medical services for the con-.
finement of his wife. Mr. Yancey '
_ used a map of Stovall, which he had
prepared, to show the location of
the various places mentioned
his testimony.
Thursday morning, Police Offi- |
cer J. L. Cash told of the prison-
er’s confession, of his repeating the |
confession in the presence of the
sheriff. Dr. Bradsher, recalled, told.
, about the size of Mr. Moore, a man:
weighing over 200 pounds, Miss Bete |;
‘
in.
about five feet from the ditch at}
treating Mr. {
Moore after having the body T€-! which the *ictitn was found aa
lmaved to the home near the scene :
tim of the attack, told of her fa-!y,
in which he said he';
‘of Jailor L. J. Yancey, Sheriff E.;
' P. Davis, Deputy W. T. Beasley and
as admissible |
evidence. {
Scilicitor Leo Carr, with the as- |
§ stance of T. Lanier for the private {
prosecution, first put on evidences
t€udiuy 60 Show We Crime was com-~
‘mitted, the circumstances under}
the investigation which followed. .4 '
When the state sought to present
Stovall’s own statements tnrough
witnesses to those statements, de-}
\fense counel, B. S. Rovter, Jt.
“ontended that the admisrion was,
cbtained under duress and in the.
officers, but.
not in the presence of a friend, a:
memer of the family or a cor sels:
: i he defend ant.” *
Judge Spears sent the jury from.
the court room and for about 30:
femagcnre nf coy eral
toe
Yancey and Sheriff E. P. Davis, on |rzinuies the court heard testimony;
v, JULY 29, 1938
——
Detective King of the Durham po-:
‘lice force, each of whom related
circumstances around which the.
prisoner admitted his guilt. The.
‘court held that in the statements:
| of the officers, there was no indi-'
cation that the prisoner had been.
offered any inducement or other-'
wise prevailed upon to incriminate’
himself with his confession.
When the jury returned to onal
; court room about 4 0’clock, the!
same officers were recalled by the]
,
‘
prosecution to give
¢
‘None of the civil docket had been!
‘Wednesday at noon were the form-
er judge, the
‘judge, the court stenographer, Miss
;Wade,
‘yer—everything needed for
‘With the exception of a prisoner.
‘This court room combination is not
helr testimony |
+
4
presence of t!
'n the Ye jury. This |
evicence tended ta show that Sto-
rall’s confession of the crime was
roe and veluntary and made after!
ficers had confronted him with!
his sawn -ecnflictine statements |
“at his whereabouts and his ace:
‘yet 3 on the night of the crime.:
. Sidelights From
The Court Room
FULY—24__ |
Here are some Fah a the
current session of court:
The current session of Superior
Court was supposed to be a mixed
term—a term in which criminal
nd civil cases would be tried. |
called at noon Thursday, however,
snd Judge Spears had planned to
leave the city in the evening. It
might become necessary, therefore,
for some-of those awaiting divorce
and an opportunity to marry again,
to wait until the November rth
of court for their hoped-for- free- |
dom. i
King Solomon Stovall manifested |
little concern about the case the.
state was building up against him. |
His bespectacled mother and his;
tall, dark father sat with him
throughout the trial. Stovall wore |
a pair of dark trousers and a bluish |
shirt open at the throat.
A former Superior Court judge, '
the present judge and a future,
judge stood together in informal.
conversaticn in the court room nere |
Wednesday. The former Superior |
Court judge was, of course, Judge |
|
W. A. Devin, now of the State Su-j-:
oreme Court, and the Judge was!
Marshall F. Spears of Durham and}
che future judge was Solicitor Leo i
Carr, who goes on the bench next,
year when Judge Spears retires at |
the end of 1938.
Court attaches have observed the |
smallest crowd in memory present |j
for a first degree murder trial. !
he crowd picked up a little Wed-
nesday afternoon, but Wednesday |
morning and Thursday morning,
the court room was hardly half full.
Many of those present were white,
children .It is an extremely busy.
time for farm workers.
In- the Walters dining room last
judge, the future
the jury, the deputy, a law-
court
frequently found together outside
of court hours—and it was acci-
dental, to be sure, this time.
~>—
‘questioned Fields at
_Short distance from the scene of
the crime.
$200 on his person at the time of
GET THAT KILLER!
MeRIC? WA, 9327
An enemy of civilization, a fiend as dan-
gerous as a wild lion, a killer whose hide is
too tough to burn, is sought by officers of
Granville county.
Every man sworn to enforce the
every citizen who loves the sanctity of home,
every citizen who believes in safety of public
places should rest uneasy until the mad man
who clubbed and robbed and killed R. T.
Moore last Friday night is brought to trial
and punished in the one manner prescribed
by law for the cowardly crime. |
No life nor property is safe with this
killer at large. The crime is one of the most
contemptible in the records. LEBq ete
law,
Sherif Recovers
$31 of R. T. Moore
Mone oney At At Stovall
1933
particularly the
the coroner’s
-the crime and officers are continu-
ing their investigation with the
hope of recovering all the money,
checks,
amounted to- approximately $100.
Stovall, prior to the completion of
investigation Thurs-
day, had denied that he obtained
any money from Moore’s pockets.
which
me
Ki ie Novell Tine Directs Officers... 3 te
to Hiding Place of Cur-
rency
‘NOTICE OF
a |.
Sheriff E. P. Davis continued |!
during the week end to push his
investigation into the club death of
R. T. Moore of Stovall,
Creighton Stovail, a brother of
King Stovall, who is being held
without privilege of bail, was ar-
rested here Saturday for question-
ing, but released Saturday night
when officers completed their ques-
tioning, establishing his where-| 2t Tu O 11 18
‘County.
APPLICATION FOR
” EXECUTIVE CLEMENCY
—~————_—
Notice is hereby given that the
‘undersigned will make application
_ to the Governor of North Carolina
on April! for commutation of the
16. ‘of death imposed upon the under-
;Signed at the July term, 1938, of
ithe Superior Court of Granville
This October 7, 1938. :
KING SOLOMON STOVALL. '
‘Royster & Royster, attorneys.
sentence
“4
a ee ae
abouts the night of the crime. =
George Fields, who had also
been held for questioning, was re-
| leased Monday morning after be-:
ing held in the Henderson jail dur-
ing the week end. Sheriff Davis.
length re-:
garding his activities on the night,
,;of the crime. {
Upon the direction of King Sto-:
vall, Sheriff Davis and Jailer L. J.:
Yancey went to Stovall Saturday,
‘morning and recovered $31 in cash
of the money taken off Mr. Moore
after he was knocked unconscious
a short distance from his home on:
the night of April 15. Stovall had “s ’
hidden the money under a cross ;
tie in a stack beside the railroad a
Records in Mr. Moore’s books
indicated that he carried perhaps
ota
4296 N.C.
part of a municipality as will render it lia-
ble to pedestrians for injuries caused there-
by * * * But a municipality cannot be
expected to maintain the surface of its side-
walks free from all inequalities and from
every possible obstruction to mere conven-
jent travel, and slight inequalities or de-
pressions or differences in grade, or a slight
deviation from the original level of a walk
due to the action of frost in the winter or
spring, and other immaterial obstructions,
or trivial defects which are not naturally
dangerous, will not make a municipality
liable for injuries occasioned thereby. The
fact that the surface of a walk may have
become uneven from use, or that bricks
therein may have become loose or displaced
by the action of the elements, so that per-
sons are liable to stumble or be otherwise
inconvenienced in passing, does not neces-
sarily involve the municipality in liability
so long as the defect can be readily dis-
covered and easily avoided by persons ex-
ercising due care, or provided the defect be
of such a nature as not of itself to be
dangerous to persons so using the walk.
-So it has been held that a municipality is
not liable for injuries to a pedestrian re-
sulting from slipping or stumbling over a
niche left in a sidewalk around a growing
tree, from which the tree has been remov-
ed, or over a piece of stone projecting
slightly above the level of a crosswalk”.
[4,5] A person traveling on a street
is required in the exercise of due care to
use his faculties to discover and avoid
dangerous defects and obstructions, the
care required being commensurate with the
danger or appearance thereof. Russell v.
Monroe, 116 N.C. 720, 21 S.E. 550, 47 Am.
St.Rep. 823; Rollins v. Winston Salem, 176
N.C. 411, 97 S.E. 211; Ferguson v. Ashe-
ville, 213 N.C. 569, 197 S.E. 146. He is
guilty of contributory negligence if by rea-
son of his failure to exercise such care he
fails to discover and avoid a defect which
is visible and obvious. Pinnix v. Durham,
130 N.C. 360, 41 S.E. 932. Ferguson v.
Asheville, supra.
[6] In the instant case the accident hap-
pened in the broad day light of a “perfect-
ly fair day”. At the time and place there
was nothing to obscure plaintiffs view of
the sidewalk. The sun, shining through the
leaves of the trees, was casting shadows
on the sidewalk. Plaintiff did not notice
the shadows any more than seeing the
trees, and the sidewalk getting shady. All
the evidence shows that if she had looked
200 SOUTH EASTERN REPORTER
she could have seen it. She doesn’t know
where she was looking at the time. There
was sufficient space on each side of the hole
for walking.
Under all the circumstances, however un-
fortunate and regrettable the occurrence,
the city is not liable.
The judgment below is affirmed.
CLARKSON, SCHENCK, and SEA-
WELL, JJ., dissent.
214 N.C. 695
STATE v. STOVALL.
No. 727.
Supreme Court of North Carolina.
Jan. 4, 1939.
1. Criminal law €=1077
No appeal bond was required by accus-
ed appealing from death sentence, where ac-
cused had been granted the privilege of ap-
pealing in forma pauperis.
2. Criminal law 1101
Where clerk certified that defendant
sentenced to death, and who had given no
tice of appeal to Supreme Court, had not fil-
ed any statement of his case on appeal, and
that the clerk was informed by defendant's
counsel that defendant had no intention of
doing so and the time for serving statement
of case had expired, a motion of Attorney
General to docket and dismiss the appeal was
allowed when the record was free from ap-
parent error. Rules of Supreme Court, rule
Bly &
_—_o—
Appeal from Superior Court, Granville
County; Marshall T. Spears, Judge.
King Solomon Stovall was convicted of
murder and he appeals.
Judgment affirmed and appeal dismissed.
Criminal prosecution tried upon indict-
ment charging the defendant with the
murder of one R. T. Moore.
Verdict: Guilty of murder in the first
degree.
Judgment: Death by asphyxiation.
Defendant appeals.
STATE v. M
2 x. MOORE N.C. 497
Harry McMullan, Atty. Gen., and T. W.
Bruton and R. H. Wettach, Asst. Attys.
Gen., for the State.
STACY, Chief Justice.
‘[1,2] At the July Term, 1938, Gran-
ville Superior Court, the defendant here-
in, King Solomon Stovall, was tried upon
indictment charging him with the murder
of one R. T. Moore, which resulted in a
conviction of murder in the first degree
and sentence of death. From the judgment
thus entered, the defendant gave notice of
appeal to the Supreme Court and was al-
lowed until September 30 following to
make out and serve his statement of case
on appeal, and the solicitor was given until
November 1 to prepare and file exceptions
or countercase. The Clerk certifies “that
the said King Solomon Stovall has not
filed in this office any statement of his
case on appeal, and I am informed by his
counsel that he does not intend to do so”
and the time for serving statement of case
has expired, State v. Watson, 208 N.C.
10, 179 S.E. 455; State v. Brown, 206 N.C.
747, 175 S.E. 116. No bond was required,
as the defendant was granted the privilege
of appealing in forma pauperis. State v.
Stafford, 203 N.C. 601, 166 S.E. 734.
As the record is free from apparent er-
ror, the motion of the Attorney-General to
docket and dismiss the appeal under Rule
42 will be allowed. State v. Moore, 210
N.C. 686, 188 S.E. 421; Id., 210 N.C. 459
187 S.E. 586.
Judgment affirmed; appeal dismissed.
214 N.C, 658
STATE v. MOORE,
No. 724.
Supreme Court of North Carolina.
Jan. 4, 1939.
!. Homicide €=300(14)
Where court gave charge respecting ac-
cused’s right of self-defense in case of a
felonious assault upon him by the deceased
failure to go further and explain the pitn-
ciple of law applicable in case of nonfeloni-
°us assault was error, where jury might
have found that 4 nonfelonious assault was
made.
2. Homicide €=300(3)
An instruction on means of force to be
used in self-defense was erroneous, where it
might have been understood as referring to
facts appearing at time of trial and not facts
as they appeared at the time of the killing.
ey
Appeal from Superior Court, Forsyth
County; F. Donald Phillips, Judge.
: Charlie Moore was convicted of murder
in the second degree, and he appeals.
New trial.
Criminal action on indictment charging
defendant with the murder in the first
degree of one Nathaniel Adams.
Defendant pleaded not guilty and relied
upon the plea of self defense.
At the time of the homicide defendant
operated the Charlie Moore Café at the
corner of Ogburn and llth Streets in
Winston-Salem. The main entrance to the
café is on Ogburn Street. There is a side
door into the kitchen from 11th Street.
The kitchen is separated from the café
by partition wall, in which there is a con-
necting doorway.
Between 9 and 10 o’clock on Sunday
night, 1 May, 1938, Nathaniel Adams was
shot and killed by a pistol in the hands
me the defendant, at or near the said side
oor.
The State offered evidence tending to
show: That after the deceased and Henry
Wallie each drank a bottle of beer in
Felder’s Café they started on 11th Street
for home, and after crossing the street
went into Charlie Moore’s café to get a
match; that at that time a little girl, Es-
tella Rice, was in the café, and defend-
ant and his daughter, Eva May Moore
were in the kitchen; that deceased asked
the little girl for a match, and she replied
that they had penny and nickel boxes to
Sell but none to give away; that then de-
fendant came to the partition door and
said: “Yes, I’m tired of you fellows out
in the street running in here asking for a
match,—get out of here, both of you”;
that they both went out to the front porch
where deceased cursed and said: “This
man is a sorry man that wouldn’t give a
man a match”, and called him a_ vilcly
vulgar name; that Henry Wallie said:
“That man told us to get off of his placc;
6S~02-7
uomotos Zuty *TTyAOTA
(®TTTAussy ) cut Torres UVION Sed ‘yoetq §
pe 8
oN
eure:
Sel
SOR a Bei ite A eect ideas Ree
ABER REE ts Es eH!
MAREE Many AARP
ti
"4
8
SEES
PORTS tens
We
Thieag Rhy
St caren ae ea
: “tor: a snaihers. of
t has” “decided” to. retire:
business. an order to wive his
24 Jing: ‘interests
achie ved marked. success.
SOVERNOR G TRANTS. HEARING
TO MEN
pare’
‘from
jand.
“Mr. “Wilson: only. eorene:
Ly: started. the “operation of a dairy. but, order.
CONDEMNED | TO. DEATH €
1 dispensing. ‘station
te Ores pasement. of: the. court: house.
(| arrived. and. everything. will’ ‘bein r
= iness’ for the - opening” on Monday
ae next, ‘week. “Miss , Christie Pinner, p
ei bic health nurse, will: be. in. charge
ane the. ‘station, which: will’
or - [one of. he. rooms: in. the. basement.
: Neuralgia, —
‘swollen’ joints, pains in’ ene
and -Hmbs,- a
3 Sopeating g remety now.
n | and: deomedietes
: mon y refunded
i eoeeaele. ‘entered es ee
“Recorder. Empte:in- Saeelne cep aa
r-lon* the three young men. declared t
“he did not “pelieve that” members of =
-of the ‘jabor. ‘unions or. other. org:
izations had: ‘peén™ ‘responsible: ‘for.
disorderly. ‘conduct of.the last. few d:
a he’ believed that they were
sas. ahyone to™ ‘have peace:
e “emphasized the importa
anxio
however, ‘of. everyone. heing. careful
1 pea. ‘that, nothing was: done. that wo
in “any way encourage | ‘a disturba
READY TO OPEN STATION
AN ‘Equipment | ‘Has “Arrived. and
Dispensing Depot wil Open Mond
“AU the equipmen gor ‘the: new.
fo “be ‘operated
e located
_ Try. até right ‘now for | Rheuma
‘pore, - stift
‘corns, .
n rel leving P
same pour Ten Drops on the,
-lest piec>s of: sole leath
and. {ts
penetrate. ‘this: substance. “through
‘through in three minutes.
Lecept no. substitute This great
‘is. golden. red: ‘color. only.. Every. ba
| euaranteed;..25c. and 50c. a bottle,
At leading: ‘drugs
- HARDIN’S: PHARMACY.
660 N.C
Railroad signed by the plaintiff in consid-
eration of a sum paid by it.
The plaintiff, in reply, pleaded fraud and
undue influence in the procurement thereof.
When the cause came on to be heard,
it appearing that the action as against the
Seaboard Air Line Railroad Company was
not instituted within two years as required
by the Federal Employees’ Liability Act,
judgment of nonsuit was entered as to the
Seaboard. There was also a judgment
of nonsuit as to the Atlantic Coast Line
Railroad Company. As to the defendant,
Rockingham Railroad Company, appropri-
ate issues were submitted. The jury an-
swered the first issue as to the negligence
of the defendant, “No”. The third issue
and the answer thereto is as follows:
“3. Did the plaintiff execute a release
as alleged in the answer?
“Answer: Yes.” (By consent).
The other issues were unanswered.
Upon the verdict as thus returned by the
jury the court entered judgment for the de-
fendarit and the plaintiff excepted and ap-
pealed.
Jones & Jones, of Rockingham, for ap-,
pellant.
Fred W. Bynum, of Rockingham, for ap-
pellee.
BARNHILL, Justice.
Conceding error in the charge on the first
issue, the judgment must stand. The an-
swer to the third issue bars plaintiff's right
to recover upon the principle that the re-
lease of one joint tortfeasor releases all.
Holland v. Southern Public Utilities Co.,
208 N.C. 289, 180 S.E. 592; Howard v.
J. H. Harris Plumbing Co., 154 N.C. 224,
70 S.E. 285; Sircey v. Hans Rees’ Sons,
155 N.C. 296, 71 S.E. 310; Slade v. Sher-
rod, 175 N.C. 346, 95 S.E. 557; Braswell
v. Morrow, 195 N.C. 127, 141 S.E. 489;
Massey v. North Carolina Public Service
Co., 196 N.C. 299, 145 S.E. 561.
The plaintiff alleges that the Scaboard
and the Rockingham Railroad Company
were joint tortfeasors. The evidence,
when considered in the light most favorable
to the plaintiff, tends to so show. Other-
wise it tends to exculpate the Rockingham
Railroad Company and it establishes con-
clusively that if this defendant was not
negligent the employee of the Seaboard,
the ‘section foreman, was. — Hence, the
plaintiff, having executed a-relcase of the
Seaboard, thereby released this defendant.
17 SOUTH EASTERN REPORTER, 2d SERIES
Just why this verdict was accepted and
recorded by the Judge without any objec-
tion on the part of the plaintiff for failure
to require answers to the fourth and fifth
issues, which are bottomed on plaintiff's
allegations of fraud and undue influence,
does not appear. Nevertheless, the fact re-
mains that this is the verdict before us
and the plaintiff presents no exceptive as-
signment of error in respect to any ‘issue
other than the first. He complaineth not
that the Judge failed to require an answer
to either the fourth or fifth issue. As to
that, upon this record, he is apparently
content.
It follows that the judgment below must
be affirmed.
220 N.O. 585
STATE v. MOORE.
No. 580.
Supreme Court of North Carolina,
Dec. 10, 1941.
Bastards €>17'/2
Where warrant charging that defendant
failed, refused and neglected to support and
maintain bastard child did not allege that
the neglect or refusal was willful, the war-
rant was insufficient to support judgment
against defendant. Pub.Laws 1933, ¢ 228,
as amended,
a nes ren
Appeal from Superior Court, Columbus
County; R. Hunt Parker, Judge.
Brantley Moore was convicted of failing,
refusing and neglecting to support and
maintain a bastard child, and he appeals.
Error and remanded.
The defendant was charged with viola-
tion of Chap. 228, Public Laws 1933, as
amended, relating to the support of illeg-
itimate children. The amended warrant
charged that he “failed, refused and neg-
lected to support and maintain said bastard
child.” Upon adverse verdict the defend-
ant was sentenced to six months in jail.
He appeals, assigning errors.
Clayton C. Holmes, of Wilmington, for
appellant.
STATE y. McDANIE
17 8.E.2d 661 - N.C. 661
Harry McMullan, Atty. Gen., and T. W.
Bruton and G, B, Patton, Asst. Attys. Gen., charging him with the capit
for the State.
PER CURIAM.
The warrant in this case, as it appears
in the record, is in substantially the same
form as that considered by this court in
State v. Clarke, 17 S.E.2d 468. It fails to
allege that the neglect or refusal to sup-
port the illegitimate child was wilful. Ap-
parently the careful Judge who presided
over the trial of this case understood that
the word “wilful” had been by amendment
in apt time inserted in the warrant, as he
correctly charged the jury in that view.
However, on the record before us the omis-
sion was not supplied. Hence, under au-
thority of State v. Clarke, supra, the war-
rant must be held insufficient to support
the judgment.
Error and remanded
° KEY NUMBER SYSTEI4
jAnms
220 N.C. 535
STATE v. STURDIVANT.
No. 649.
Supreme Court of North Carolina,
Dee. 10, 1941.
Criminal law €>1130(4)
Where defendant, permitted to appeal in
forma pauperis from conviction of first de-
Bree murder, docketed in Supreme Court
typewritten record and case on appeal but
failed to file a brief, and record did not dis-
close material defect and exceptions appear-
ing in the case were without merit, motion
of the attorney general to dismiss the ap-
Peal was allowed. Rules of the Supreme
Court, rule No. 28.
—_——
Appeal from Superior Court, Bladen
County: John J. Burney, Judge.
Robert Sturdivant was convicted of
murder in the first degree, and he appeals,
Appeal dismissed.
Motion by State to dismiss appeal for
failure to file brief.
: Defendant was tried before Burney, J.,’at
he ‘September Term, 1941, Superior Court
of Bladen County, on bill of indictment
al felony of
murder of one Ida Mae Sturdivant. There
was a verdict of guilty of murder in the
first degree. Thereupon judgment that de-
fendant suffer the penalty of death by
asphyxiation, as provided by law, was en-
tered. Defendant excepted and ‘appealed.
Harry McMullan, Atty. Gen., for. the
State.
PER CURIAM.
Defendant, having been permitted to ap-
peal in forma pauperis, docketed in this
court typewritten record and case on appeal
but he failed to file a brief. Thereupon the
Attorney General moved to dismiss under
tule No. 28. In re Bailey, 180 N.C. 30,
103 S.E. 896; Board of Com’rs vy. R. S.
Dickson & Co., 190 N.C. 330, 129 S.E. 726.
As is the custom with us in criminal
causes involving the death penalty, before
acting upon the motion of the Attorney
General, we have carefully examined the
record. No material defect appears there-
in. We have likewise considered the ex-
ceptions appearing in the case on appeal.
They are without merit. The motion to
dismiss is allowed.
Judgment affirmed,
Appeal dismissed,
220 N.C. 820
STATE v. McDANIELS.
No. 652.
Supreme Court of North Carolina,
Dec, 10, 19-41.
Criminal law <=1129(3)
Where defendant was convicted of dis-
posing of and selling certain personalty upon
which he had exceuted a chattel mortgage
then in force for purpose of defrauding the
mortgagee, exceptions and assignments of er-
ror did not disclose error.
—_—_~>-__.
Appeal from Superior Court, Robesun
County; John J. Burney, Judge.
C. E. McDanicls was convicted of dis-
posing of and selling certain personalty
*276T-ET-2 (UePpeTa) dSON *xhudse *éz SHoeTQ Squeqoy *INVATGHNLS
A Pere epeer es eee eee
re
eee ote et eee
Henry SWink CONFIRMED EXECUTED ON $-2
: “al-37
SWINK, per Tarborouph free fess, 5/6/37 2:5
ink was convicted in Rowan County, Ne Cey
A man :
to be hanged on 11-24-1836, An appeal was
and sen’:
taken,
REGISTER, Raleich, NC, 11-1-1836 (2/5)
"The Spring Term o! Yowan Superior Court ts now in session,
Judge Saunders pres’ ‘ings On Thursday, Henry Swink, who
at our Fall Superior ._urt was convicted of murdering his
wife, and who took an appeal to the 5,preme Court for a new
trial, was brought to the bar, and after a few appropriate
remarks from Judge Saunders, was sentenced to be hung on
Friday, Z April 21." REGISTER, 4-l)-1837 (3:5.)
| wot frrnss
In Copyright - Educational Use Permitted