Saturday afternoon witnessed the closing of a week’s criminal court at Dobson presided over by Judge Harding. During the week lawyers fought hard for their clients for it was seen that Sheriff Ashburn had a jury on hand that would have little consideration for the violators of our laws; Solicitor Graves was back in his true form after letting those Yankee specialists have a look at him; and Judge Harding was delivering lectures from the bench almost twice daily on what he construed the duties of his office were in regard to his treatment of the criminal element that came before him. And so with this combination, the Sheriff, Solicitor Graves, and Judge Harding, and a jury of peace-loving citizens the law breaker was destined to travel a rough and rocky road.
Jim Beck
Jim Beck, who lives north of Mount Airy, was sentenced to six months on the roads for distilling. One day last fall the officers were out looking for a still and just before reaching it they came across Beck in the woods with all the appearance of having been at work at a still. Beck contended that he accidentally found a still, and in stopping to get a drink of the beer had spilled some of it on his clothes, which made it appear he had been working at it. After spending a half day of the court’s time the jury convicted Beck. On the last day of court the Judge finally reduced the road sentence to a fine and required Beck to enter in a bond for good behavior for two years.
John Key
The hardest fought case of the entire term was that of John Key charged with an assault with a pistol on his wife. Key lives way up on Mitchells river under the foot of the mountain Bryan township and has the reputation of being a blockader. He married a nice woman of that neighborhood several years ago, and since he began dealing in liquor their home life has been unpleasant. Key soon began to look upon his wife with much disfavor because she did not enter into the spirit of his lawlessness and a few months ago he began accusing her of reporting his stills to the officers. For several months prior to Christmas he had stayed at home less than a fourth of her time, and his troubles got into court when he came home Christmas night drinking heavily, pointed his pistol into the face of his wife and began telling her how he was going to put her out of the way for interfering in his business. Mrs. Key became frightened and fled from the house, barefooted and in her night clothes, through the cold to her neighbor’s house a mile or so away. Of course the jury convicted Key without much discussion.
To make matters worse for Key he had been tried before Judge Harding some four years ago for abusing his wife, and on that occasion he was put under a bond providing he would treat his wife better. The Judge remembered all this and when the time came to pass sentence nothing could be said that would keep him from sending Kay to the roads for 12 months.
Mack Osborne
One Mack Osborne had the best chance we have heard of lately to make a clean up of $42 without any work. It was this way: Some months ago Mack got hold of some mean liquor which made him want to fight. So he hunted up his old Bull Dog pistol and stated on his war path. He had not been out long before he was taken in charge of the officers and bound over to Dobson court for carrying a concealed weapon. The Judge placed on him a fine of $100, this the Judge was told appeared to be a little heavy, so he made Mack the proposition that he would allow him $50 credit on the fine if he would bring the pistol to court before Saturday. Mack told the court the pistol cost $8, so he had an opportunity of converting it into a good trade. Strange to say, and to the puzzle of all, he never returned with the pistol and so he is out of the full $100 fine.
Bill Cummings
It is hard for one to be convicted of making liquor when no one ever saw you at the still, and no one ever found any liquor about you or your premises, yet such was the unfortunate condition Bill Cummings found himself in at this term of court. And the state was able to build around Bill such a chain of circumstances that it even convinced Bill that he was actually guilty while his attorneys were making their argument to the jury as to their client’s innocence.
Reports had been coming to Sheriff Ashburn that Cummings had a still near his house, down in Shoals township. One afternoon the Sheriff made a trip into this section and found a still place, two barrels of beer ready to still, and the still worm cap hid in the bushes near-by. The location was near Cummings’ house and there was a track or path leading direct from the still place to his smoke house. It was evident that this path was made by hauling something on a sled and it was the contention of the state that Cummings had been boiling his meal on his cook stove, storing it in barrels located in his smoke house and when it was ready for stilling would haul it on his sled to the still place and make his run at once (two words obscured) running as much chance of detection as if he made up his hour at the still place. The state proved by parties that they had seen him boiling meal in a 15-gallon wash tub on his cook stove on different occasions. This was not denied but Cummings said he always boiled his meal and chop that he fed to his hogs. It developed that Cummings had only two hogs and Solicitor Graves could not see how a man would be boiling 15 gallons of meal at one time for two hogs.
After entering his plea of guilty then began the work of begging the judge not to send him to the roads, being an old man and never being in court before. He was fined $100 and the cost and given until Saturday to pay it. Saturday came, but Bill did not show up, to the Judge made an order for the Sheriff to arrest him and keep him in jail at Dobson until next court.
Peter Harris, Sam Goins
Peter Harris and Sam Goins, two partners in stilling, both plead guilty. Harris was also charged with breaking Dobson jail last fall and in the end drew 12 months road service. The court was lenient with Goins for it appeared that he was only a tool of Harris, and was fined $50 and the cost.
Bert Slate, Ed Watson
Bert Slate and Ed Watson, from Mount Airy, plead guilty to five different charges, mostly larceny and jail breaking. On two occasions they broke out of jail at Mount Airy and had robbed several stores. Slate goes the roads for 18 months, and Ed Watson 12 months. In the case of Watson the Judge allowed him to be hired out to G.W. White for $12 per month.
John Moore
John Moore of Mount Airy was unkind enough to steal all the meat a good farmer of the Brim section had, and will have to work roads for six months. John had no defense for the officers found the meat stored away in his home.
Bird Key
The fellow who tanks up with liquor, gets in his car, and starts out on the highway unmindful of the rights of everybody, had reason to tremble before Judge Harding for in such cases he had strong convictions that nothing was better for such parties than road sentences. The state had a clear case of such against Bird Key, prominent farmer of Westfield township, and it was only after a lengthy plea by his attorney that the court allowed him to pay a fine of $250 and the cost and enter into a bond for good behavior for 12 months, otherwise a road sentence will be put into effect.
Taylor Pike
Taylor Pike was before Judge Long last fall for selling liquor and the court had given him an opportunity to reform by allowing him to be hired to J.B. Sparger. Taylor worked for Mr. Sparger two weeks and skipped the country. He was later apprehended and Judge Harding ordered that he be sent to the roads for eight months.
Red Carroll
Red Carroll of Mount Airy was the only one who was fortunate enough to get an acquittal at the hands of the jury. The officers caught Red coming into Mount Airy with a gallon jug full of liquor on his shoulders, and it was, and is still, a puzzle to the court how the jury reached the conclusion that Red was not guilty.
Nelson Whitlock
Nelson Whitlock (col.) of Stewarts Creek township was before the court with four indictments against him for retailing and got a sentence of six month.
Sam Joyce
Sam Joyce, a colored citizen of Westfield, will work the roads for three months for retailing.
Roscoe Law
The case against Roscoe Law for forgery was disposed of by his paying the cost of being brought back from Pennsylvania and agreeing to support his family. Two years ago he forged two checks in this city, but later made them good and left for the north to work. For a while he sent money back to his wife and child, but for several months he had neglected them, so he was brought back and the old charge of forgery was brought against him to make him be better to his family.
Garland Marshall
Garland Marshall of this city had spent three months in jail on account of being unable to give bond for not supporting his family. He was released from jail and is required to pay his wife $15 every month for the support of her and her child.
Kenneth Napier
The case of seduction against Kenneth Napier of Pilot Mountain was disposed of by Napier paying the young woman $1,000 for the support of herself and child.
John Jarrell
The manslaughter charge against John Jarrell for the death of the young son of Walter Sutphin of this city was dropped. The charge grew out of Jarrell running over the child of Mr. Sutphin one night a few weeks ago causing his instant death. Bu the terms of the settlement, Jarrell pays Mr. Sutphin $385.
A.W. George
The court allowed a continuance of the case against A.W. George after affidavits by physicians were read stating that his health would not permit him to attend court.
Quinn, Atkins, Thomas, Swaim Divorces
The only civil matters taken up were divorce cases, four being granted at this term. They were:
Annie Irvin from J.H. Quinn. This couple was married in this city last fall. Soon thereafter it was learned that Quinn had a living wife in Roanoke, therefor his last wife asked that the marriage be annulled. Quinn has left this state and his whereabouts are unknown.
M.E. Atkins from J.W. Atkins on the grounds of a separation of five years.
Hoon Thomas from Bettie Thomas for the same reason.
L.H. Swaim from Leora Swaim on the grounds of separation for five years.
Jailer Reamer now has on his hands 22 prisoners but the following will be carried to Durham county roads in a few days: Bert Slate 12 months, John Moore 6 months; Nelson Whitlock 6 months, John Key 12 months, Albert Moser 12 months, Tom Cook 12 months, Dewitt Sparks 4 months, Pete Harris 6 months, Taylor Pike 6 months, Sam Joyce 3 months.
From the Mount Airy News, Feb. 16, 1922. The crime of retailing involves selling liquor or beer in violation of Prohibition.
I enjoyed reading about justice being meted out in the 1920s. I appreciate the explanation of "retailing" but I am unfamiliar with the term "road sentence". Can you please explain.
ReplyDeleteInstead of remaining in a jail cell, prisoners who were in good physical condition were put to work constructing or repairing local roads.
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