Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1940-03-08
Aston Given Is Years
In Burglary Submission
Barely Misses First Degree, Court l eliS De
PENDANT; H. NJ. Caps Given Two to lhree
Years In Arson Case; Other Judgments

These showed that CappS was
narient at the hospital from July
"a 10 October -. last year. He was
charged with the burning Oh 'le
negro church Oh July Il.
Witnesses were offered 10 snow
thai CappS had not been III his rlsh'
sind for some time prior TO the ire
H., denied on the stand during ms
trial earlier in the week that ne
knew ANYTHING about the burning OF
the church. after he allegedly admit
ted firing the small building the DAY
il was burned.
Solicitor E. r. Tyler presented
what ne termed the court record ol
George Aston. who was charged
with first degree burglary IN the en-
terine OF the bus station here the
night OF last january Il, while Jesse
s, Matthews. night manager. was
asleep in a room there. Robert 3.
Carter. who defended Aston by ap-
pointment Of the court, put the de-
PENDANT on the stand.
Aston said he had served two prl-
son terms. He said he was native
of Chatham county. and had spent
several wears in Durham, where he is
known to officers. The pistol he had
at the time of the breaking ana
which he aIlegedly snapped on Mat
theyS in a scutfle after he VAS over
taken in the building was his fathers S,
the prisoner said. He denied swapping
the pistol. But Judge Carr said teS-
tinlony that he did snap the pistol
on the man was 4 factor in the long
sentence imposed. He told the deten-
dant that he could give him a life
sentence on second degree burglary,
a plea which Solicitor Tyler accept
ed after witnesses had testified at a
night session Thursday. He told the
defendant he had narrowly escaped
a first degree charge and conviction.
The court felt Aston tried to shoot
Matthews, and that his conduct after
being discovered contributed to the
length Of the sentence. Aston sad
ne did not know any one was sleep
ing in the quarters. and THAT he Dr"E"
in to take d gun and a pistol he had
seen in the bus station. and which he,
had planned to sell. He said he was
% years old and that his father had
resided in Philadelphia since the prl-
sOner was five years old, and where
he now lives.
W. NJ. NettleS. convicted earlier in
the week of reckless and careless
driving, resulting in an accident IN
which NJ. p Edwards, driver OF the
other car in the collision, was serl-
ouSly injured, was given d sentence
requiring the payment OF certain
sums OF money.
Nathan Evans. convicted OF forging
a check Cor S7.65, was given a sus-
pended twelve months road term, to
be on probation for three years. Will
he AtOsiy was accused IN the same
case. in which nolle pros was taken
at the time Of the trial. Evans is to
pay half OF the costs Of the trial by
the June term of superior court and
the remainder by the October term.
James Smith. alias James COZart,
colored, was given three TO five years
in States Prison in one case OF for
gerry and three to five years in an
other. to run consecutively. and both
to begin at the conclusion of a term
he was serving at the time Of his cS-
cape from prison. Judgment was suS-
pended in two other cases On d
higamy charge he was given one year
in States Prison, to follow the others.
In the case OF alex Francis, white
man, and Rachel Parham, Negress,
nurse, accused of manslaughter on
abortion charges, Solicitor Tyler said
he lacked evidence 10 convict on