The Wilmington morning star., 1941-01-15
SMITH IS FINED
IN LOTTERY CASE
Continued From Page One)

Judge Burney suspended SEN
tence for Smith upon the recon-.
mediation of agents of the State
Bureau of Investigation and David
Sinclair, district solicitor, and on
the condition that he withdraw his
appeal and accept judgment Of the
municipal court of Greensboro.
Smiths case here was on appeal
from the recorders court, where
Judge Alton A. Lennon, Monday,
fined him So, 900, the costs Of court,
and sentenced him to serve SIX
months on the roads, the maximum
penalty allowed under the law.
Judge Burney suspended SEN
tence for Smith on the condition
that he serve six months on the
roads, pay a fine of $4,000, and the
costs, as imposed recently in the
municipal court of Greensboro, and
after the completion of his sentence
remain a law-abiding citizen for
two years.
Smith left last night for Greens.
boro to accept judgment Of the
municipal court there after paying
the $4,000 fine and the costs OF
court here.
District Solicitor Sinclair said
Norman Davis, who has appealed
to New Hanover superior court aft
er being convicted in recorders
court on charges of conspiracy to
violate the lottery laws, will be
tried at a special term of superior
court expected to begin here Feb
ruary II.
In recorders court, Davis was
fined 5000, taxed with the costs,
and received Six months at the
county farm in default of the pay
ment of the fine and the costs. His
appearance bond for appeal to SUI
perior court vas set at $4,000.
Solicitor Sinclair said Davis will
not be tried at this term of court
due to the heavy docket to be
cleared and added, IS u h men
have been robbing the people of
New Hanover county long enough.
Now he can cool his heels in jail
for another 80 days"
In announcing his plans to try
Davis at the special term expected
to open February II, Solicitor Sin.
clair said he had secured the serv'
ices of an expert mathematician
which a person has of winning on
which a person has of winning WI
playing the numbers racket anc
that he intends to bring that in
formation out in court.
Solicitor Sinclair also announced
yesterday that j. Reid Crawford.
of Fayetteville, convicted recently
in New Hanover superior court or
charges of violating the slot ma
chine laws, has Withdrawn his no.
tice of appeal of Judgment to the
state supreme court.
Crawford, he said, has agreed tt
accept the following judgment
handed down by Judge Clawson l.
Villains on December ID: a foul
months road term suspended OF
the condition that he pay the costs
of court and an additional $210 for
expenses incidental to the rental
and storage of slot machines seized
in raids here some time ago. Craw.
ford was placed on probation for
several years.
CraWford's cas- was on appeal
from recorders court where he
was fined 200 by Judge Alton A..
Lennon. The defendant entered a
plea of nolo contendere when his
criminal term and prayer for judg-
men was continued by consent I'm
til the December civil term.
Crawford was C o C e d on
charges of illegal possession of IS
slot machines, including 10 taken
In raids at the P. and F. Motor
Express company warehouse and
Is in a building located at the cor.
ner of Fourth and Castle streets.
The judgment, rendered by
Judge Williams, provides that Sc OF
the machines be %confiscated by the
sheriff and 10 other machines,
which were loaded on a van ready
for shipment at the time of raid,
be turned back to their owner to
be shipped out of the state as
originally consigned.
Several cases hai been disposed
of at yesterday afternoons session
OF court when Judge Burney ad-
journed court at 6 o'clock until
9 o'clock this morning.
Joe Rogers, who entered a plea
OF guilty to charges of breaking
and entering, received from two to
three years on the roads.
Jack Hall drew 10 months on the
roads after pleading guilty to a
charge Of larceny of an automobile
The cases of Joe Doe, alias
Rowe, alias James Rhoe, and M.
j.. Galloway, charged with viola
ton of the lottery laws, were con.
tinued.
Margaret Williams Horne was
granted a divorce from Hosea
Louis Horne IN the grounds of two
years separation.
Lee Ernest Davis received two
years on the roads after pleading
guilty to a charge of receiving
stolen goods, valued at $40.
The grand jury returned not
true bill against Estelle C olvin
charged with being an accessor.
after the fact.
Marvin Beale drew a suspended
three to five year sentence at STATE