Major Russell, country negro and one of the few to fare rather badly during Saturday’s healthy session of recorder’s court, will be included among those who eat their Christmas dinner at the road cap. In fact the blue birds will have come and gone before the major has met his obligations for he is hooked on a six months’ road sentence from this there is no appeal.
Russell, arrested by sheriff’s deputies, was convicted yesterday of possessing liquor illegally although his daughter came into court and offered to shoulder all blame and responsibility in the matter. She claimed the liquor was found in the loft of the Russell home but Major’s reputation was against him and the court imposed a 30-day road sentence.
That wouldn’t have been so bad. The other half of the story carried the heart breaks that eventually come to those who live outside the law. Recently Russell was caught with goods and convicted of illegal possession. He agreed to plead guilty and pay a fine of $100 and cost and the court and state agreed to accept if he would plead guilty in a second case and submit to a six months’ road sentence, capias to issue at any time within two years. This meant that Major would be required to walk a chalk line and according to evidence introduced Saturday, he fell off. Solicitor Umstead was quick to urge that capias be issued and Russell required to serve and the court likewise was quick to respond. Major, in a whisper to his counsel, suggested an appeal but was told there was no appeal, he having voluntarily entered into the agreement.
And because the new sentence was only 30 days, no appeal was taken in that case. There isn’t a lot of difference, the defendant figured, between seven and six months. Then, too, an appeal would have meant the greeting of Judge E.H. Cranmer in superior court this week, and the judge and bootleggers don’t get along together one bit.
The Boston Way
George Monday and Frank Curley, who gave Boston as their residence and whose brogue mor or less sustained their contention in this matter, were fined $5 and cost each in cases charging illegal possession of liquor and gambling after their futile efforts to create the impression that Officer Hubert King, of the plain clothes squad, had suggested the possibility of acting irregularly in the matter. However, their claims and statements in the matter were contradicted by their own witness and were given no credence by the court. Officer King did not deny telling the men they could give bond for their appearance in court since they were in their own room.
Guthrie Is Freed
L.T. Guthrie, East Durham carpenter, charged with manslaughter in connection with the death of Bernard O. O’Mary, run down by Guthrie’s car on East Main street several days ago, was exonerated of all blame in connection with the matter and discharged for the want of probable cause. Evidence introduced tended to show the accident was of an unavoidable nature. The court also took into consideration the fact that Guthrie stopped immediately, carried the stricken man to the hospital and did everything in his power for him. He later reported at police headquarters and surrendered himself.
Miller Checks Out
Roy Miller, the fellow who beat Pete Garner up with a Cadillac crank several months ago and who was supposed to pay a fine of $20 and cost together with $149.50 worth of hospital and doctors’ bills, failed to show up in court Saturday and was called out. Also he has not as yet paid the cost of another case charging him with driving an automobile while intoxicated. The story is a rather complicated one but is interesting.
Miller was first a liberty under $300 bond signed by W.E. Thompson who is not unknown as a bondsman to the police. Miller failed to show up several weeks ago when the case was called and the court ordered the bond forfeited and judgment made absolute. It was.
Later in the day Thompson, the bondsman, showed up, secured a capias from the clerk of court and had the police serve it on Miller, placing him ack in custody. The following morning the judgment of the previous day was ordered stricken out, and Thompson relieved of all obligations, even to the cost of the capias.
It then developed that Miller was without funds and would e obliged to go to jail for the want of a bondsman. He occupied a front seat in the prisoners’ box and was almost covered up with bandages, it being understood that he had fallen off a building in Greensboro where he had been employed. With this condition obtaining Judge Graham ordered him released on his own recognizance with instruction to report back yesterday. He answered absent. Where the money to pay the hospital and doctors’ bills is coming from hasn’t been determined as yet and probably won’t be until Miller can be located again and re-arrested.
Case Is Re-opened
Case charging Bryant Matthews with reckless driving and injury to property in which he was convicted, taxed with the cost and required to pay $55 to the prosecuting witness for damage done his property, was ordered re-opened by the court upon payment of defense counsel, this action being taken on the grounds that additional evidence had been uncovered tending to show the matter in a different light. It has been set for re-trial on Tuesday of this week.
Little-bit Hit Hard
Viola Little-bit, charged in connection with Catherine Epps, Inez Gray and Ila May Sears with engaging in an affray in which deadly weapons were used, was fined $25 and cost and required to pay $13 doctor and hospital bills, incurred by the Sears girl as a result of the injuries Little-bit didn’t deny inflicting. Ila May, partly at fault, was fined $5 and cost while the Epps woman and Gray girl were discharged as not guilty.
Sentence Is Substituted
Rosa Rogers, convicted of using a room with Jack Williams for immoral purposes recently and who had been unable to pay for $25 fine imposed Saturday morning was given a substitute judgement, a 30-day workhouse sentence being imposed in lieu of the other. Williams is slated to go to trial in the matter on the morning of December 2.
Dish Man Pays
J.E. Turner, unmarried white man of Edgemont who is still unable to understand why he endeavored to walk away with a couple of plates in his vest, was convicted of illegally possessing liquor and trespass. However, the owner of the store in which he was blundering about told the court he had no desire to prosecute because he did not believe the man knew what he was doing. The state had previously advised that it would be satisfied if the charge of larceny was changed to trespass. For having liquor on his person he was fined $5 and cost while in the other case judgement was suspended on payment of cost and the payment of 25 cents to the store keeper, this representing the market value of the plate he dropped and broke.
Chicken Feed Cases
Although a rather large number of additional cases were handled, there was little of interest to them. The remainder of the docket showed the following:
Vernon Evans, illegal possession, called and failed; [failed to appear]
Green Trice, assault and battery with a deadly weapon continued, December 1;
Nannie O. Sears, sanitary law, nol pros;
R. Baxter Southerland, sanitary law, continued until December 13;
Miles McCoy, sanitary law, judgement suspended, cost;
Sam Cates, driving automobile recklessly and speeding, $10 and cost;
Southgate Jones, violating traffic law, cost;
E.K. Powe Jr., same charge and like entry;
Jack Hill, violating automobile law, $5 and cost;
F.L. Hinkle, speeding, called and failed;
Francis Shannon and Jack McKenna, violating city ordinance, judgment suspended;
John Bright, violating city ordinance, $2.50 and cost;
30 days on roads in default; (??)
W.T. Smith, boisterous cursing, $5 and cost;
Norman Roycroft, disorderly conduct, continued, December 3;
Willie Patterson, assault and battery, $1 and cost;
Non-support, prayer for judgment, continued on payment of cost, defendant to report monthly for 12 months and show that he is supporting family; (??)
John Stewart, assault and battery, $5 and cost;
Arkus Thompson, assault and battery, $25 and cost;
Ed Horn, speeding and reckless driving and assault and battery, continued until December 1;
W.T. Smith, trespassing, cost;
Non-support, prayer for judgment, continued on payment of cost, defendant to pay wife $8 weekly toward support of herself and children; evidenced tended to show he made $17 weekly. Must report in court monthly and show that he is carrying out this order.
From page 13 of the Sunday morning Durham Herald, Nov. 30, 1924
newspapers.digitalnc.org/lccn/sn84020730/1924-11-30/ed-1/seq-13/#words=NOVEMBER+30%2C+1924
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