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Sunday, September 19, 2021

Ben Withers, T.L. Talbert Jr. Fined $50 Each for Throwing Clods of Dirt at Passing Cars and Fighting, Sept. 19, 1921

Young Men Fined Heavily. . . Ben Withers and T.L. Talbert Jr. Had to Fork Up $50 Each

Found guilty of an assault following a fracas resulting from throwing missiles on the public highway, Ben Withers, 712 East Avenue, and T.L. Talbert Jr., 1708 Euclid Avenue, well-known young Charlotte men, were fined $50 and costs each by Judge Laurence Jones in the recorder’s court Monday morning, while A.M. Aiken, 509 Sunnyside Avenue, was required to pay the costs.

According to the evidence, the trouble began Sunday morning about 5 o’clock in front of Queen’s College. W.H. Pitts Jr., son of Sergt. Pitts of 217 South Graham Street, was driving by about that time with aq party of young men in his car. Withers and Talbert were standing on the side of the street. As the young men, who were friends of Withers and Talbert, passed by, Withers and Talbert are alleged to have tossed clods of dirt playfully into the car. Pitts and his friends motored on past, later returning. This time Talbert endeavored to throw a clod of dirt at them, but the missile went wild, hit the top of Pitts’ car and struck the arm of Aiken, who was passing in his car on the other side.

Then developments began with rapidity. It was alleged that Aiken stopped his car, got out and approached Withers. He accused Withers of throwing the missile, and when Withers denied the charge, it was alleged that Aiken called him a liar and slapped him.

The fracas was on in full force, Talbert ran to the assistance of Withers, and both pitched into Aiken, who weighs 265 pounds. In the ensuing scuffle Aiken’s belt broke and his trousers hesitated preparatory to a disastrous topple.

It was at this point that the wife of Aiken ran to the assistance of her husband, putting herself between the young men and her hapless spouse. In some manner she was struck on the hand, a warrant charging Talbert with the blow resulting. Bystanders intervened at this point, and the black clouds of war disappeared over the horizon.

The real cloudburst came in police court Monday morning, however, after Aiken had sworn out warrants for the two young men and vice versa. W.H. Pitts Jr. Erwin Setzer, Jinks Howell and Reggerdean Craver testified on behalf of Withers and Talbert. Controversy between witnesses and Jake Newell, attorney for Aiken, waxed hot. Several hours were required to thrash out the details.

A question that would have made Solomon blush with shame was presented to the court when one witness wanted to know how much dirt it took to make a clod. The court failed to decide on that issue.

In passing judgment, Judge Jones declared that the affair was an example of “young America”--but that the public highway was no place for such proceedings.

From The Charlotte News, Monday, Sept. 19, 1921. A fine of $50 may not be called “heavy” today, but it is actually worth $762.58 in 2021 according to the www.in2013dollars.com/us/inflation/1921?amount=50 inflation calculator.

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