The September term of Randolph county criminal court convened in the court house Monday with Judge A.M. Stack of Monroe presiding. A grand jury composed of the following men was selected:
D.A. Cornelison, foreman, and S.D. Surratt, P.M. Farlow, Eli King, D.C. Staley, R.O. Stevens, J.M. Allred, A.B. Bulla, Carl L. Kivett, Marcus Briles, Will Wall, T.G. Bingham, A.C. Lowdermilk, J.A. Murchison, R.L. Moffitt, D.S. Craven, J.A. Burgess, and J.B. Delk.
The regular petit jury is composed of W.R. Bray, J.G. Henson, O.R. Fox, D.R. Hodgin, Jasper Foust, P.H. Siler, R.L. Richardson, S.F. Robbins, S.C. Wood, J.M. Hardin, T.E. Routh, J.E. Murphy, P.P. Jones, and D.E. Davis.
C.H. Lucas of Union township is court crier and C.T. Luck of Cedar Grove township is officer of the grand jury.
Judge Stack’s Charge
The morning session of the court was taken up in the selection of the jury and the judge’s charge, which was one of the ablest ever heard in the Randolph county court house.
Judge Stack told the members of the jury that their service to the county was a plain business proposition and should be treated as such, and he suggested methods of procedure so that the work of the jury could be expedited and there would be no delay in going forward rapidly with the cases to be tried. The grand jury was advised to make an inspection of the courthouse and jail and also the county home. The judge directed that a careful examination be given the county institutions and that attention should be directed to the county officers in the performance of their duties. In the opinion of Judge Stack the best way of securing the best results from a grand jury lies in the creation in the county of a body that serves in this capacity for a term of six months or a year. During the length of term, it would be possible for the jury to become more fully acquainted with the affairs of the county.
Judge Stack especially stressed the matter of making presentments by the grand jury, calling attention to the fact that many infractions of the law are allowed to go unpunished for the reason that the matter is not brought to the attention of the court.
He placed crimes in two major classifications, the one being crimes against the individual, and the other being crimes against the society, the latter class embracing the larger part of the crimes that are committed. The manufacture sale, and transporting of liquor was dwelt on at some length. It was stated that a large number of cases in the courts of the state are for violations of the prohibition laws. Next after violations of the liquor laws comes cases growing out of the carrying of concealed weapons. Ninety percent of homicides in the state can be traced to the carrying of concealed weapons. Judge Stack reminded the grand jury that homicides are occurring at the rate of one a day in the State. in the opinion of the judge, if we could get rid of whiskey and pistols, most crimes could be done away with.
The judge also touched on gambling and infractions of the state highway laws.
He deplored the fact that so many young men are being brought before the courts and the increasing number of criminals in the country, pointing out that 2 per cent of the people of the country are in this classification.
The judge pointed out that this country had the finest system of laws of any country in the world, but that the laws were not enforced as they could and should be.
He stressed the three agencies through which better citizens can be assured to the country. The first of these is in the home, where children should be taught to respect the law as a friend, second, the public schools, and third, the church. Through these three agencies a better and more intelligent and law-abiding citizenship can be realized.
The following order was signed by the judge:
The Clerk of Court is hereby directed forthwith to notify all guardians, executors, and administrators in Randolph County who have failed to discharge the duties required of them by law, to do the same within 20 days of the date said notice shall be served on them; and, in case any said fiduciaries fail to comply within 20 days, then the Clerk of the Court is further directed to issue a citation of such delinquent fiduciaries as fail to comply with the aforesaid notice, a legal excuse, requiring them to show cause on a day certain, why they should not be removed from office and, further, be attached for contempt and if necessary committed to jail until they should perform the duties required of them by virtue of their said office. The Clerk of the Court will, at the next criminal term, have ready for the grand jury and for the court a list of those who have failed to comply with the law by that time.
Cases Tried Monday
On Monday the following cases were disposed of:
Carl Richardson, who was tried for barn burning at the criminal court in June and found guilty, but who escaped before sentence could be passed by Judge Harding, was sentenced by Judge Stack to a term of not less than three years and not more than six years in the State Prison at hard labor.
A nol pros was entered in the case of State vs. J.F. McMasters and also in the case of State and J.D. McMaster vs. J.F. McMasters and Kester(?) McMasters. [cases were dismissed]
In the action State vs. Ozell Spencer and Paul Luck, colored, in which the defendants were charged with attempted rape, the defendants ?? to assault on a female and were fined $25 each and put on good behavior for a term of five years.
The grand jury brought in true bills against Jake Wright and Hurley Isley and Ed Lewis for murder.
Tuesday’s Session
Claud Routh and Alvin Swaney plead guilty of manufacturing and keeping liquor for sale, and Routh was sentenced to a term of four months on the roads and Sweney for a term of three months.
In another case against the same defendants on a like charge to which they plead guilty, Routh was sentenced to a term of eight months on the county roads, capias not to issue in this sentence upon the following express conditions, 1st that he not make sell, keep for sale, receive, transport, deliver, or drink any whiskey for a period of five years form the adjournment of this term of court; second, that he does not violate the laws of North Carolina for a period of five years from date of adjournment of court. Swaney was given a suspended sentence of six months capias not to issue under conditions similar to those applying to Routh.
James Maness Jr. and John Maness were found guilty of adding and abetting the in manufacture of liquor. The defendants were sentenced to the roads for a period of four months. On the charge of aiding and possessing of property designed for making liquor a suspended sentence of eight months was imposed on the defendants, capias not to issue in this sentence under the express condition that they do not make, possess, transport receive, buy or sell or drink any liquor for a period of six years from the adjournment of court; second, that they do not violate any of the other laws of North Carolina for a period of six years; third, that after expiration of their imprisonment they apply themselves to some honest work for a period of five years.
In the case of State vs. B.F. Wooley in which the defendant entered plea of cursing in public, judgment is that the defendant be confined in the county jail for a period of 30 days, capias not to issue upon the following conditions to which Wooley agreed: 1st, on condition that he pay the costs in the action to be taxed by the clerk; 2nd, that he not possess or handle or drink liquor for a period of five years from adjournment of court; 3rd, that he not violate the laws of the state; and 4th, that he try to improve his memory so that when led into temptation he can remember who did so.
State vs. Luke York and Ras York, defendants found guilty and sentence to term of four months on roads.
In another action against the same defendants, they were given suspended sentences of 3 months each on the roads upon condition that they let liquor alone for a period of five years. Another suspended sentence in another case against same defendants as suspended sentence of six months was entered not to apply provided the defendants do not violate any of the laws of the state and apply themselves to some honest occupation for a period of five years at the termination of their sentence of four months on the roads.
W.F. Cagle plead guilty to charge of driving a car while under the influence of liquor and was given a suspended sentence not to apply upon condition that he pay a fine of $50 and the costs and not operate an automobile for a period of 60 days and does not violate the law for three years.
B.F. Aycock plead guilty on charge of possession and transporting liquor and was fined $100 and costs, and serve 8 months in jail or on the roads, capias not to issue in the latter upon condition that defendant will not possess, transport, drink, or have anything to do with liquor for a period of five years, live with his wife and family and support them, and not leave them without lawful excuse so long as either of them may live.
Buren York plead guilty to buying liquor and possessing same and was fined $25 and costs. A suspended sentence in this case of eight months on the road upon condition that he will not have anything to do with liquor for a period of five years, not violate any of the laws of the state for a like period and apply himself to some honest labor constantly for a like period.
In the case of State vs. Frank Wooley, defendant was given sentence of 12 months in jail, capias not to issue upon condition that he live with, care for and provide for his wife in husband-like manner so long as they are married to each other.
Jake Wright Gets Prison Term
Jake Wright plead guilty to court Wednesday to Second degree murder and was sentenced to hard labor in the penitentiary for a term of not less than 12 years and not more than 18 years.
The trial of Hurley Isley for the murder of Emitt Chrisco consumed the greater part of Wednesday afternoon and the case went to the jury about 8 o’clock. Afte a short deliberation, a verdict of murder in the second degree was returned. Sentence had not been passed as we go to press.
From the front page of The Courier, Asheboro, N.C., “Principles, Not Men,” Thursday, Sept. 4, 1924.
newspapers.digitalnc.org/lccn/sn91068009/1924-09-04/ed-1/seq-1/#words=September+3%2C+1924
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